Naples Heritage Minutes 01-03-2023MINUTES OF MEETING
NAPLES HERITAGE
COMMUNITY DEVELOPMENT DISTRICT
The regular meeting of the Board of Supervisors of the Naples Heritage Community
Development District was held Tuesday, January 3, 2023 at 9:00 a.m. at Naples Heritage Golf &
Country Club Clubhouse, located at 8150 Heritage Club Way, Naples, Florida 34112.
Present and constituting a quorum were:
Kenneth Gaynor
Chairman
Gerald James
Vice Chairman
Gordon Mettam
Assistant Secretary
Richard Leonhard
Assistant Secretary
Thomas Rutkowski
Assistant Secretary
Also present were:
Justin Faircloth
District Manager
Jacob Whitlock
Assistant District Manager, Inframark
Gregory Urbancic
District Counsel
Chad Montgomery
Field Manager
Steve Gaully
Naples Heritage Golf & Country Club
Chris Gant
Naples Heritage Golf & Country Club
Tim Richards
Naples Heritage Golf & Country Club
Members of the Public
Following is a summary of the discussions and actions taken.
FIRST ORDER OF BUSINESS Roll Call
Mr. Gaynor called the meeting to order, and Mr. Faircloth called the roll. A quorum was
established.
• Mr. Gaynor acknowledged Mr. Ramundo's passing and his extensive service to the
CDD and community.
January 3, 2023 Meeting
Naples Heritage CDD
SECOND ORDER OF BUSINESS
Organizational Matters
Mr. Gaynor MOVED to nominate Mr. Gordon Mettam to serve as a
Supervisor in Vacant Seat 3, and Mr. Rutkowski seconded the
motion.
• Mr. Gaynor noted, Mr. Mettam has been an active community member since
becoming a resident, and he proceeded to discuss Mr. Mettam's background.
• The motion should include the fact that the Seat is currently vacant.
There being no further nominations,
On VOICE vote, with all in favor, the prior motion was approved,
with Seat 3 being declared vacant, and Mr. Gordon Mettam being
elected to serve in Seat 3.
A. Oath of Office for Newly Elected Supervisors Via General Election (Seats 3 —
Gordon Mettam, 4 — Gerald James & 5 — Kenneth Gaynor
Mr. Faircloth, a certified Notary of the State of Florida, administered the Oath of Office
to Mr. Mettam in Seat 3, Mr. James in Seat 4 and Mr. Gaynor in Seat S.
B. Election of Officers (Resolution 2023-02)
• Nominations were taken for the appointment of a Chairman.
Mr. James NOMINATED Mr. Gaynor to serve as Chairman. There
being no further nominations with all in favor, Mr. Gaynor was
appointed to serve as Chairman.
• Nominations were taken for the appointment of a Vice Chairman.
Mr. Gaynor NOMINATED Mr. James to serve as Vice Chairman.
There being no further nominations with all in favor, Mr. James was
appointed to serve as Vice Chairman.
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January 3, 2023 Meeting
Naples Heritage CDD
On MOTION by Mr. Leonhard, seconded by Mr. James, with all in
favor, Resolution 2023-02, Electing Officers of the Board of
Supervisors, with Mr. Gaynor serving as Chairman, Mr. James
serving as Vice Chairman, Mr. Faircloth to continue serving as
Secretary and Assistant Treasurer, Mr. Bloom to continue serving
as Treasurer, Mr. Rutkowski and Mr. Leonhard to continue serving
as Assistant Secretaries, and Mr. Mettam serving as Assistant
was
• Mr. Faircloth reminded Mr. Mettam he will have to vote on every motion presented.
The only reason not to vote would be due to a conflict of interest.
SEVENTH ORDER OF BUSINESS Attorney's Report
A. Lake Bank Erosion Restoration Project Discussion
• The Board requested a determination whether the CDD pays for the work. Mr.
Urbancic indicated his staff is in the process of doing a Title Search to verify this.
Naples Heritage was platted differently. There is a large area of land with designed
easements.
• There were a series of assignments and easements in the late 1990s which were
distributed by the original land developer, Clyde Quimby. The Title Search results
will determine whether Mr. Quimby owned it at the time, with subsequent
conveyances.
• Mr. Urbancic believes the CDD has drainage easement rights over the various
lakes.
• The Title Search will likely not be complete until the end of January.
• One option would be to prepare a Quit Claim conveying the club to the CDD of its
easement rights, even if it is non-exclusive. The CDD would be required to have
clear property rights to pursue this further. Mr. Gaynor suggested waiting until the
Title Search is complete before pursuing any further.
The record shall reflect Mr. Urbancic exited the meeting.
THIRD ORDER OF BUSINESS Public Comment on Agenda Items
Hearing no comments from the public, the next order of business followed.
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January 3, 2023 Meeting
Naples Heritage CDD
FOURTH ORDER OF BUSINESS Approval of the Minutes of the November
1, 2022 Meeting
Mr. Gaynor requested any additions, corrections or deletions to the Minutes of the
November 1, 2022 Meeting.
There being none,
On MOTION by Mr. Leonhard, seconded by Mr. James, with all in
favor, the Minutes of the November 1, 2022 Meeting were
approved.
FIFTH ORDER OF BUSINESS Old Business
A. Nature Trail Update
• A new SFWMD representative is due to inspect the on January 19, 2023.
• Mr. Gaynor and/or Mr. Richards will be talking to SFWMD representatives next
week to determine whether they want the CDD involved in the walk-through.
• Jolene, the other person from SFWMD involved with this project, indicated they
will try to perform the DEP and SFWMD inspections at the same time.
• There is no timeframe for approval at this time.
B. Field Management Report Update — Tim Richards/Chad Montgomery
• The exotics in the Preserve have been taken care of, with particular attention paid
to the nature preserve.
C. Discussion of Gatehouse Repairs
• There is a quote for gray tile, as the wood was ruined by water intrusion.
• The quote includes removal of the toilet, and installation of tile throughout the
gatehouse in the amount of $4,993. Mr. Gant is awaiting a quote for paint. A small
repair needs to be made to the ceiling, and may cost approximately $1,500. The
total is approximately $7,000.
• There was difficulty opening the sliding doors.
• Mr. Faircloth discussed the District's budget for this project.
• Mr. Faircloth and Mr. Gaynor have contemplated completing half of this project
this year, and the other half next year.
• Mr. Faircloth discussed the possibility of an assessment increase, due to the lake
bank restoration project. Mr. Faircloth and Mr. Gaynor will prepare a letter which
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January 3, 2023 Meeting
Naples Heritage CDD
will be sent to all residents regarding this increase, and a draft will be included in
the March agenda package.
• Mr. Gaynor suggested tabling certain discussions to the end of this meeting to
determine whether funds are available for the different projects.
• The floor at the gatehouse costs approximately $5,000. This is not a good time of
the year to resurface the floor, as the gatehouse is extremely busy.
• The club may have insurance to cover the floor. However, the deductible is
$10,000.
• FEMA was discussed. The club is a vendor of the CDD. Therefore, the CDD is
financially responsible for it. An invoice is needed for the fence survey costs from
the club.
SIXTH ORDER OF BUSINESS New Business
A. Proposal for M.R.I. Inspection LLC for Concrete Repair
B. Consideration of Professional Services Agreement with Copeland Southern
Enterprises, Inc.
• The bid from M.R.I. is $2,500, and the bid from Copeland is $5,775.
• Copeland has done good quality work for the District, but this repair was
overpriced.
• M.R.I.'s work does not include riprap.
• Mr. Faircloth commented he has not worked with M.R.I. in the past on these types
of projects. However, they have performed well on other projects, which Mr.
Faircloth discussed.
• A Board member requested that M.R.I. provide pricing for riprap. Mr. Faircloth
noted there can be water intrusion underneath the riprap, which would cause the
same problem.
On MOTION by Mr. James, seconded by Mr. Leonhard, with all in
favor, the proposal from M.R.I. Inspection LLC in the amount of
$2,500 to repair the concrete at Control Structure F-87, was
approved.
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January 3, 2023 Meeting Naples Heritage CDD
EIGHTH ORDER OF BUSINESS Manager's Report
A. Acceptance of Financial Report as of November 2022
• Staff is waiting for assessments to be paid.
• The fund balance started on October 1, 2022 at $67,000, and the District is currently
at $86,000.
• The District's finances are with a Qualified Public Depository, as required by law.
Rates from other banks are checked on a quarterly basis.
On MOTION by Mr. Rutkowski, seconded by Mr. Leonhard, with
all in favor, the Financial Report as of November 2022 was
accepted.
B. FY 2024 Draft Budget Discussion
• Contract -Aerator Maintenance was discussed. SOLitude requested a contract
increase last year, which the Board approved. They tried to request an additional
increase, which the Board did not approve. The current amount on the budget needs
to be increased to $3,550. Mr. Faircloth proposes to move the additional funds from
Miscellaneous Contingency. R&M -Lake will not be affected, as this is the item
which covers lake bank restoration.
• Inframark requested a 3% increase in fees.
• Any changes will be reflected at the March meeting.
• If there is an assessment increase, a letter of notification would have to be sent to
all residents.
• The Board will approve the budget at the March meeting.
C. Follow-up Items
i. MRI Stormwater System Inspection Report
• Mr. Gaynor noted 10 structures could not be found. Mr. Faircloth indicated the area
may need to be excavated. There has never been this type of inspection in the
District.
• Mr. Faircloth discussed similar work in another District.
• If the contractor finds issues during the inspection, they will present separate
proposals for the work.
• Discussion ensued regarding the work for the CDD versus the HOA.
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January 3, 2023 Meeting Naples Heritage CDD
• Mr. Faircloth indicated stormwater systems are the largest expense in Florida.
• Mr. Gaynor suggested talking to MRI to have 50% of the work done this year, and
the balance next year for discussion at the March meeting.
• Mr. Faircloth estimated there to be approximately $600 per structure for cleanout.
• Mr. Gaynor would like the unfound structures to be included for next year.
• Mr. Faircloth discussed a structure which requires a major cleanout.
* Mr. Faircloth suggested a not to exceed amount for presentation at the next meeting.
On MOTION by Mr. Gaynor, seconded by Mr. Mettam, with all in
favor, the District Manager was authorized to obtain a proposal from
M.R.I. to clean out the structures which have been identified as 50%
or more clogged in an amount not to exceed $25,000.
NINTH ORDER OF BUSINESS Engineer's Report
A. Lake Erosion Using Riprap
• Mr. Gaynor read a statement from the engineer into the record.
• A Letter of Modification would be necessary.
• The Engineer will have to handle this item through the County and/or SFWMD.
• The club holds the surface permit as opposed to the CDD.
• Littoral plantings may have to be done.
• Riprap can still be eroded underneath if not installed correctly.
TENTH ORDER OF BUSINESS Audience Comments
• Discussion ensued regarding the Banyan Trees which were chopped.
ELEVENTH ORDER OF BUSINESS Adjournment
There being no further business, the meeting was adjourned at 10:18 a.m.
Kenneth Gaynor
Chairman
W