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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. 2 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. 3 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 j9 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. 5 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. 2 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