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Agenda 06/27/2023 Item #16I 1 (Miscellaneous Corrspondence)06/27/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.I.1 Doc ID: 25886 Item Summary: Miscellaneous Correspondence June 27, 2023. Meeting Date: 06/27/2023 Prepared by: Title: Management Analyst II — County Manager's Office Name: Geoffrey Willig 06/20/2023 9:33 AM Submitted by: Title: Deputy County Manager — County Manager's Office Name: Amy Patterson 06/20/2023 9:33 AM Approved By: Review: County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/20/2023 9:33 AM Board of County Commissioners Geoffrey Willig Meeting Pending 06/27/2023 9:00 AM BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JUNE 27, 2023 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. DISTRICTS: 1) Wentworth Estates Community Development District: 12/11/2014 Signed Meeting Minutes & Affidavit 03/12/2015 Oath of Office — David Negip, Michelle May & Joseph Newsome 03/12/2015 Signed Meeting Minutes & Affidavit 05/14/2015 Signed Meeting Minutes 08/13/2015 Signed Meeting Minutes & Affidavit 05/12/2016 Signed Meeting Minutes & Affidavit 08/11/2016 Signed Meeting Minutes 05/11/2017 Oath of Office — James Oliver 05/11/2017 Signed Meeting Minutes & Affidavit 08/10/2017 Signed Meeting Minutes & Affidavit 10/12/2017 Signed Meeting Minutes & Affidavit 11/09/2017 Signed Meeting Minutes 12/14/2017 Signed Meeting Minutes & Affidavit 09/25/2018 Signed Meeting Minutes 01/10/2019 Signed Meeting Minutes & Affidavit 05/09/2019 Signed Meeting Minutes & Affidavit 07/11/2019 Signed Meeting Minutes 10/11/2019 Signed Meeting Minutes 02/13/2020 Signed Meeting Minutes & Affidavit 03/12/2020 Signed Meeting Minutes 05/14/2020 Signed Meeting Minutes 06/11/2020 Signed Meeting Minutes & Affidavit 09/10/2020 Signed Meeting Minutes 10/08/2020 Affidavit 11/12/2020 Signed Meeting Minutes 05/13/2021 Signed Meeting Minutes & Affidavit 08/12/2021 Signed Meeting Minutes & Affidavit 03/11/2021 Signed Meeting Minutes & Affidavit 06/10/2021 Signed Meeting Minutes & Affidavit 01/13/2022 Signed Meeting Minutes 02/10/2022 Signed Meeting Minutes & Affidavit 04/13/2022 Signed Meeting Minutes 06/09/2022 Signed Meeting Minutes & Affidavit 07/14/2022 Signed Meeting Minutes & Affidavit 2) Currents Community Development District: 08/12/2020 Signed Meeting Minutes 09/20/2019 Affidavit 09/11/2019 Signed Meeting Minutes & Election Official Ballot 09/11/2019 Signed Meeting Minutes & Various Affidavits 09/11/2019 Oaths of Office — John Wollard, Robert Summers, II, Ryan Futch, Timothy Martin 10/14/2019 Signed Meeting Minutes & Affidavit 05/13/2020 Signed Meeting Minutes 04/01/2020 Signed Meeting Minutes 07/08/2020 Signed Meeting Minutes 10/14/2020 Signed Meeting Minutes & Affidavit 02/10/2021 Signed Meeting Minutes 04/28/2021 Signed Meeting Minutes & Affidavit 06/09/2021 Signed Meeting Minutes & Affidavit 08/11/2021 Signed Meeting Minutes & Affidavit O1/12/2022 Signed Meeting Minutes & Oath of Office — Paul Zotter 05/11/2022 Signed Meeting Minutes 07/14/2022 Signed Meeting Minutes & Affidavit 08/04/2022 Signed Meeting Minutes & Affidavit 08/11/2022 Signed Meeting Minutes & Affidavit 3) Flow Way Community Development District: 11/11/2014 Signed Meeting Minutes & Affidavit O1/13/2015 Signed Meeting Minutes & Affidavit 02/10/2015 Signed Meeting Minutes 02/17/2015 Signed Meeting Minutes & Affidavit 05/12/2015 Signed Meeting Minutes 09/08/2015 Signed Meeting Minute & Affidavit 10/13/2015 Affidavit 10/27/2015 Signed Meeting Minutes 11/10/2015 Signed Meeting Minutes 12/01/2015 Signed Meeting Minutes 05/10/2016 Signed Meeting Minutes 07/12/2016 Signed Meeting Minutes 08/09/2016 Signed Meeting Minutes 10/18/2016 Signed Meeting Minutes 11/08/2016 Signed Meeting Minutes 11/22/2016 Signed Meeting Minutes & Affidavit 01/17/2017 Signed Meeting Minutes 02/21/2017 Affidavit 03/21/2017 Signed Meeting Minutes 04/25/2017 Signed Meeting Minutes & Affidavit 06/14/2017 Signed Meeting Minutes & Affidavit 09/05/2017 Signed Meeting Minutes & Affidavit 10/17/2017 Signed Meeting Minutes & Affidavit 10/25/2017 Signed Meeting Minutes & Affidavit 11/08/2017 Signed Meeting Minutes & Affidavit 11/29/2017 Signed Meeting Minutes & Affidavit 05/15/2018 Signed Meeting Minutes & Oath of Office — Adam Painter 05/21/2018 Affidavit 08/20/2018 Affidavit 09/18/2018 Signed Meeting Minutes 11/07/2018 Affidavit 12/18/2018 Signed Meeting Minutes & Affidavit 12/18/2018 Oath of Office — Andrew Miller 02/06/2019 Signed Meeting Minutes & Affidavit 03/19/2019 Signed Meeting Minutes 04/16/2019 Signed Meeting Minutes & Oath of Office — Timothy Martin 05/16/2019 Signed Meeting Minutes & Affidavit 06/20/2019 Signed Meeting Minutes & Affidavit 07/18/2019 Signed Meeting Minutes & Affidavit 07/25/2019 Signed Meeting Minutes 08/22/2019 Signed Meeting Minutes 09/19/2019 Affidavit 10/08/2019 Affidavit O1/21/2020 Signed Meeting Minutes 02/20/2020 Signed Meeting Minutes & Affidavit 04/16/2020 Signed Meeting Minutes & Staff Reports 05/21/2020 Signed Meeting Minutes 05/25/2020 Affidavit & Ordinance 07/16/2020 Signed Meeting Minutes & Affidavit 09/17/2020 Signed Meeting Minutes 10/13/2020 Affidavit 10/15/2020 Signed Meeting Minutes & Affidavit 11/19/2020 Signed Meeting Minutes 12/17/2020 Signed Meeting Minutes & Affidavit 01/21/2021 Affidavit 03/18/2021 Signed Meeting Minutes 04/15/2021 Signed Meeting Minutes 06/03/2021 Signed Meeting Minutes 06/17/2021 Signed Meeting Minutes 07/15/2021 Signed Meeting Minutes & Affidavit 09/16/2021 Signed Meeting Minutes 10/21/2021 Signed Meeting Minutes; Affidavit 11/18/2021 Signed Meeting Minutes 12/02/2021 Signed Meeting Minutes; Affidavit 12/16/2021 Signed Meeting Minutes 02/17/2022 Signed Meeting Minutes 03/17/2022 Signed Meeting Minutes 04/11/2022 Signed Meeting Minutes; Affidavit 04/21/2022 Signed Meeting Minutes 05/19/2022 Affidavit 05/25/2022 Affidavit 06/16/2022 Signed Meeting Minutes 06/22/2022 Signed Meeting Minutes 07/21/2022 Signed Meeting Minutes & Affidavit 09/04/2022 Affidavit 4) Landowner's Meeting Wentworth Estates Community Development District 11/11/2014 Signed Meeting Minutes 03/12/2015 Signed Meeting Minutes 05/10/2018 Signed Meeting Minutes; Affidavit & Oath of Office — Robert Kody 5) Fiddlers Creek Community Development District #2 Establishing a CDD Ordinance Packet 04/09/2019 Letter of Purpose from Coleman, Yovanovich, Koester, w/exhibits, Affidavit of Pre -Filed Testimony, Warranty Deed, Affidavit 6) Verona Walk Community Development District 05/19/2023 Proposed Fiscal Year 2023/2024 Budget (October 1, 2023 through September 30, 2024) A. OTHER: 16I1 4 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Wentworth Estates Community Development District's Board of Supervisors was held on Thursday, December 11, 2014, at 9:00 a.m., at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East, Naples, Florida 34113. Present and constituting a quorum were: Russell Smith Chairman Dalton Drake Assistant Secretary Michelle May Assistant Secretary Joe Newcomb Assistant Secretary Also present were: James Ward District Manager (Telephonic) Greg Urbancic District Counsel FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Ward called the meeting to order at 9:11 a.m. He stated I am not in the room with you today, so what I'm going to is call the roll, and I'll ask that you indicate by stating here. Mr. Ward then called the roll. The record will reflect that all members of the Board are present at roll call. SECOND ORDER OF BUSINESS Consideration of the acceptance of the resignation of Anthony Burdett from the Board of Supervisors for the purpose of inclusion in the record. Mr. Ward stated I've enclosed in your agenda package a copy of his resignation letter. It is effective, as a matter of law, on the date it was submitted, and effective on October 10, 2014. So simply for the purpose of getting this in the record, I'll ask that you, by motion, accept the resignation for inclusion in the record. On MOTION by Mr. Smith, seconded by Mr. Drake, with all in favor of accepting the letter of resignation of Anthony Burdett from the Board of Supervisors for the purpose of inclusion in the record. 1 IPage 1WENTWORTH ESTATES CDD December 11, 2014 b l i"' Mr. Ward stated I know we don't have this item on the agenda, but the Board of Supervisors will fill the unexpired term of Mr. Burdett, so we can handle that a little later during the meeting. THIRD ORDER OF BUSINESS Consideration of setting Thursday, March 12, 2015, at 9:00 a.m. at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East, Naples, Florida 34113 as the date, time and location of the Landowners Election. Mr. Ward stated the statute requires the Board to have in its agenda package a copy of the instructions and the form of ballot, and the form of proxy that were included. If you have any questions on those, I'll answer them for you. They are standard forms that we have used before. If not, a motion to set March 12, 2015, at 9:00 a.m. at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East would be in order. On MOTION by Mr. Smith,seconded by Mr. Newcomb, with all in favor of approving the setting of Thursday, March 12, 2015, at 9:00 a.m. at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East, Naples, Florida 34113 as the date, time and location of the Landowners Election. FOURTH ORDER OF BUSINESS Consideration of the amended and restated agreement for impact fee credit disbursements with Lennar Homes as successor by assignment of Treviso Bay Development, LLC. Mr. Ward stated I've enclosed that in your agenda package, along with the memo from Greg. I'll let Greg go ahead and go through the business terms and conditions that we're doing here, and then we'll ask for a motion from the Board. Mr. Urbancic stated what we have is an amended and restated agreement, and this one has quite a long history that predates me by a quite a while and this Board. There's an existing agreement from 2007 regarding the use of impact fee credits, which arose from the District's initial bond issue that's been paid approximately $6 million in road impact fees, so 2IPage 16I 1 WENTWORTH ESTATES CDD December 11, 2014 there are some credits out there. That original agreement talks about how that was going to be administered if we're selling those impact fee credits, so there were some problems with that arrangement, because of bond counsel's advice, there's no real way for you to monetize those credits and redeem bonds based upon possible action. Just from an administration standpoint, it just wasn't workable. What this was,just to it put in motion, a long time ago, which was not formalized, so what I did was I picked up whatever the draft agreement was, and I sort of fine-tuned it to where we are today. Where we are today is, at the time those impact fees credits were done, the original developer had already paid about $2 million, and the District had paid six, so those two got exhausted, and now we're sort of at the point we are today. What this agreement does is, we need to find an efficient way to develop the project using those impact fee credits;there has to be some way to administer. We're doing it sort of as Lennar has agreed to administer the impact fee credits on a sort of first come, first serve basis, so they can distribute them in an equitable and fair manner, as we go through the development. What this does is to provide, as the property owners are developing, they can use the impact fee credits that the District has and sort of exhaust those. That's sort of the way it's been working before we memoralized this agreement, so that's what this agreement would do. Lennar's counsel has reviewed it. I've spoken with Jim about it. He had them tweaked. Those are incorporated in here. Otherwise, I'm open to any questions. Mr. Newcomb asked is that the typical way of doing this, as far as getting credits back? Mr. Urbancic stated I don't know that there's a typical way. Sometimes when you're funding and you're doing an initial bond issuance, before a project is going to be funded, so we have this pile of credits. How we did it, how we can keep both fair and reasonable and incorporated in their assessment, and do it a fair and equitable manner, so we're doing it sort of as "as you go" basis (Inaudible). The theory was to come up with the most fair and equitable manner to allow people who already paid for the credits to use the credits. Mr. Smith asked if someone comes in for a lot, they get to use the credits, and we come in and we provide that credit to whoever? Mr. Urbancic stated correct, right. 31Pagc 161 } WENTWORTH ESTATES CDD December 11,2014 Mr. Newcomb asked just grandfather it in? I mean how far back does this go or is it from this point forward? Mr. Urbancic stated well, we sort of recognize the fact that this is on a going forward basis, $6 million the District paid. It doesn't go back that far. I think in a matter of months we'll see. Mr. Ward asked any other questions from the Board? Hearing none, staff is recommending the amended and restated impact fee disbursement agreement. With that, if you have any questions, Greg or I would certainly be glad to answer any more of them; otherwise, a motion to adopt it would be in order. On MOTION by Mr. Smith, seconded by Mr. Newcomb, with all in favor of approving the amended and restated agreement for impact fee credit disbursement with Lennar Homes as successor by assignment of Treviso Bay Development, LLC. FIFTH ORDER OF BUSINESS Staff Reports I. Attorney Mr. Urbancic stated the only thing I wanted to mention to the Board real quick is some of you may have seen in the news about this outfit that's been going around requesting public records from governmental agencies. Mr. Smith stated I haven't. What is the outfit? Mr. Urbancic stated, Jim, I can't remember the name of it, but there's a nonprofit that shares an office with a law firm. I can forward you something that actually appeared the Naples newspaper recently. If was the Marco Island school that was targeted. Just be on notice if it's something that looks or smells like a public records request. Like the one on Marco Island, they just said they needed their last payroll slip. It was from a weird name that they needed their last payroll slip. They didn't; they got sued. Just be on notice that if you get something weird that looks like a public records request, contact Jim, contact me, we'll take care of it. Mr. Smith asked is it the appropriate conduit for them to make such a request through an individual board member, or should they be going through the manager's office to do that. 4IPage WENTWORTH ESTATES CDD December 11, 2014 16 1 1 Mr. Urbancic stated, technically, you personally can have public records, that source should be manager, but I don't think that's stopping them. Mr. Smith stated, I understand. But if I email Commissioner Fialia and just say, "Give me something." Would that be the appropriate conduit to get a County record? Mr. Urbancic stated I wouldn't think it would be the appropriate, but I think under the law, that agency would have to respond. I agree with what you're getting at. Just be on notice, because now if we do not respond, they file a suit and demand attorney's fees. Mr. Newcomb asked does this outfit, do they have a purpose, or are they just doing this as a scam? Mr. Urbancic stated it's to get attorney's fees. Mr. Smith stated if they're doing that, considering they're a nonprofit sharing an office. Mr. Newcomb stated yes, we should get in there and look at their records as well. Mr. Urbancic stated now the State said they're going to look at the abuse occurring now and hopefully take some action to stop the abuse, given that it's so pervasive, including in here locally. Mr. Smith asked is there a statutory appropriate form for a public records request, or is it just bumping into a guy in the hallway and saying, "Hey, give me some records." Mr. Urbancic stated that it does it have to be in writing. Mr. Smith stated if I go down to the County right now and just walk up to Commissioner Fialia and go, "Give me all the payroll statements for Collier County right now." Mr. Urbancic stated, that the request has to be in writing, and given reasonable time to respond. Mr. Smith stated respond to a public records request. Mr. Urbancic stated they didn't respond. The people that they've targeted also are engineering firms. The law changed in 2013 and said consultants hired by a local government agencies also have to respond to public records requests, so the engineering firms that are getting these requests and not responding, they're being sued. Mr. Smith asked do you have to identify your request as a public records request in order for it to be a public records request? 5 Page WENTWORTH ESTATES CDD December 11, 2014 16 I 1 Mr. Urbancic stated no. Mr. Smith asked who wrote this? Mr. Urbancic stated the law is not that specific. But that's exactly what these guys did when they send this to me. Mr. Newcomb asked is that a State law? Because one of my companies up in Ohio, we send out for that information a lot, from an uninteingibiei 11.12 billing income standpoint, and it's very formalized how you have to do it. it has to be in writing, it has to be a public request. I don't think there's a timeline though on them responding. There was a general discussion on the issue of public requests and responding to them. Mr. Smith stated he was unable to attend the February 12, 2015, meeting. Mr. Ward stated okay. I think we should be good until the March 12th meeting anyway. The only thing I have between now and then is your audit, which will be finished in another week or two, but it's not urgent. We'll just put it on your March agenda. Mr. Urbancic stated other than that, Jim, I didn't have anything further. II. Engineer None III. Manager a) Financial Statements for the period ending October 31, 2014 Mr. Ward stated the only thing I had for you, is if you have any questions on your October 31st financials. SIXTH ORDER OF BUSINESS Supervisors' Requests and Audience Comments Mr. Ward asked anything else from the Board? Okay. SEVENTH ORDER OF BUSINESS Adjournment Mr. Ward stated a motion to adjourn would be in order. On MOTION by Mr. Newcomb, seconded by Mr.Smith, with all in favor the meeting was adjourned at 9:24 a.m. 61Page WENTWORTH ESTATES CDD De mbar 11,2014 b James p. Ward, Secretary Ru sell h, hairman 71Page MINUTES OF MEETING 16 t 1 .t WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Wentworth Estates Community Development District's Board of Supervisors was held on Thursday, March 12, 2015, at 9:00 a.m., at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East, Naples, Florida 34113. Present and constituting a quorum were: Russell Smith Chairman Dalton Drake Assistant Secretary Michelle May Assistant Secretary David Negip Assistant Secretary Joe Newcomb Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Bill Bishop Keefe McCullough & Co., LLP FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Ward called the meeting to order at 9:33 a.m. The record will reflect that all members of the Board are present at roll call. SECOND ORDER OF BUSINESS Administration of the oath of office for the newly elected Supervisors from the Landowners' meeting held just prior to the regular meeting. • Guide to Sunshine Amendment and Code of Ethics for Public Officers and Employees • Membership Obligations and Responsibilities • Form 1—Statement of Financial Interests Mr. Ward stated those individuals elected at the Landowners' meeting just prior to today's meeting are Mr. Newcomb, Mr. Negip, and Ms. May, and I'm going to provide to you an original oath of office. For the record, I'm a notary of the State of Florida and authorized to administer this oath. I'll please ask that you repeat after me. Mr. Ward administered the oath accordingly to Mr. Newcomb, Mr. Negip and Ms. May. I'll ask that you please sign the 11Page WENTWORTH ESTATES CDD March 12,2015 A oath and print your name in the two spots, return it to me. I will notarize it for you and make it a part of the permanent record. THIRD ORDER OF BUSINESS Consideration of Resolution 2015-1, canvassing and certifying the results of the March 12, 2015, Landowners' Election. Mr. Ward stated in section one, for seat one will be Mr. Newcomb with 412 votes, in seat two will be Mr. Negip with 412 votes, and in seat three will be Michelle May with 405 votes. Then in section two, Mr. Newcomb and Mr. Negip will serve the four-year term, and Ms. May will serve the two-year term. With those additions to the resolution, that is in order and recommended for your consideration. On MOTION made by Mr. Smith and seconded by Ms. May, with 1 all in favor, Resolution 2015-1 was approved with the additions noted of record. FOURTH ORDER OF BUSINESS Consideration of Resolution 2015-2, re- designating the officers of the Wentworth Estates Community Development District. Mr. Ward stated Mr. Smith is your current Chairman. The Vice Chairman seat is vacant at this time. Mr. Drake, Mr. Newcomb and Michelle May serve as Assistant Secretaries, and then I am your Secretary and Treasurer. So it would be appropriate for you just to tell me who you want to fill in in this resolution, we'll do that, and then adopt the resolution. Mr. Smith asked well, who wants to be Vice Chairman, raise your hand? Dave Negip, thank you. Dave Negip will be Vice Chairman, and, other than that, we will continue with the same slate of directors. Mr. Ward stated a motion to adopt the resolution with that change would be in order. On MOTION made by Mr. Smith and seconded by Mr. Newcomb, with all in favor, Resolution 2015-2 was approved. 2IPage WENTWORTH ESTATES CDD March 12,2015 1 FIFTH ORDER OF BUSINESS Consideration of the acceptance of the Audited Financial Statements for the Fiscal Year ended September 30, 2014. Mr. Ward stated on the phone with us is Mr. Bill Bishop with the firm of Keefe McCullough who prepared those for you, and I'm going to ask Bill to take a few moments and go through the audit with you. Mr. Bishop stated good morning. What I was hoping to do if you give me a few minutes, and I'm hoping everybody has seen the actual published reports. I'm going to go through it and point out a few of the more significant items. Starting at the top of pages one and two, that's our audit opinion. It is an unmodified opinion and it is a little different than in prior years. That's because the accounting profession changes, kind of the wording or the standard wording has changed. We used to have an unqualified opinion, and it's that we were able to complete our procedures, and that these statements accurately reflect where the District was at September 30 in the results of their operations for the year. I would like to look at the table on pages four and five. That kind of tells you from 30,000 feet how the District did. First, on page four, at the bottom of page four is the balance sheet, if you will, statements of net position year over year, and you see where we are. That position in 2013, at the very bottom, was $14,401, 919. That position at the end of 2014 was $21,308,188. Looking at page five, it kind of tells you the statement of activities year over year. Obviously, the biggest item this year that impacted that was the substantial pay down of the bonds of roughly $8.5 million, so those bond pay downs, those excess, will increase the net position that the District has outstanding. That kind of gives an overview. As you get into the pages seven through 15, it starts to show you by fund, the original fund activities. You'll see on page nine and ten will be some reconciliations that turn around. Actually, I'll draw your attention to page 11, when we look there, we see that they have where it says in the middle of the page the Debt Service Fund, and it shows a number of $6.645 million. I'll point out that the actual pay down was $8.5 million, but there was $2 million of which was accrued in the prior year, because if you have an assessment, and the assessment which Unclear 7:18 will be paid, it's accrued on this particular statement. 3IPage 16 1 1 WENTWORTH ESTATES CDD March 12, 2015 So of the $8 million, $2.15 million actually paid down some previously assessed bonds and the then this $6.645 actually represented like an advance payment. So it does kind of tie out there. If you look, starting on page 14, which is the notes to financial state. This provides a lot more to our reader of the financials about the items that are on the page six financial statements. I flipped through that; I'll just kind of leave those. The capital assets this year, which is on page 21, there were no real additions. The only activity in those capital assets were the $1.7 million depreciation for the infrastructure of the District. Page 22 and 23, there's a big write up of the bond activity, and it shows the substantial pay down that took place in the current year, as well as where we are looking. At the top of page 23, there's a table that shows, basically, the $27 million that are still outstanding, how that will be returned over the next 30 years. The only other item that I'll draw your attention to, that's on pages 24 to 27, there are some required reports. However, they are nciear 9:0 r. We record each year on internal controls and compliance with laws, rules and regulations, whether we see any decisions used in your internal controls. The report on in compliance on pages 24 and 25, and basically what we're saying there is that we did not notice any inconsistencies in internal controls or that we consider material weaknesses of the District. Then we issued some reports to the State. Because we get this report out pretty quickly, after our January 8 date, the State of Florida actually came out with some new report that they wanted incorporated, which we issued under a separate CAFR. These made more emphatic statement of whether or not the District complied with the investment policies that's required of districts, because you're considered a .nclear 10:OF. There are some pretty stringent requirements of what you can and can't invest in. So we issued that report as well. But, basically, this report is compliant in every way, and our testing revealed that the District complied with all of the rules of the State of Florida, and that I do not believe that this will draw any specific scrutiny by the Auditor General or anything like that, where sometimes Districts get themselves in trouble without even knowing. That's kind of an overview of what we experienced when we were doing our audit fieldwork and whatnot. Obviously, we worked for the supervisors, and we'll answer any questions that you might have, whether it be today or at any time during the year. If you 41Page 16I1 WENTWORTH ESTATES CDD March 12, 2015 have questions for us, feel free to call us, and we'll do the best we can to give you the answer. Mr. Ward asked questions from the Board? Then a motion to accept the Audited Financial Statements would be in order. On MOTION made by Mr.Smith and seconded by Mr. Newcomb, with all in favor, the Audited Financial Statements were accepted as presented. SIXTH ORDER OF BUSINESS Consideration of Minutes I. December 11, 2014—Regular meeting Mr. Ward stated you've all been previously distributed a copy. If there are any additions, corrections or deletions, it would be appropriate at this time to so indicate. Otherwise, a motion for their approval would be in order. 11 On MOTION made by Mr. Drake and seconded by Mr. Smith, with all in favor, the December 11, 2014, regular meeting minutes was approved. SEVENTH ORDER OF BUSINESS Consideration of Resolution 2015-3, accepting the transfer of various South Florida Water Management District Permits to operation phase, authorizing the transfer of other regulatory agency permits, and authorizing the Chairman, Vice Chairman or District Manager to execute documents related to its assets. Mr. Ward stated Resolution 2015-3 authorizes appropriate District officials to allow the subject transfer to occur with respect to the particular permits for the Treviso Bay Lifestyle Center. It also provides a broad authority for the District staff to do this on a regular basis without having to come back to the Board for simply an operating transfer from the developer to the South Florida Water Management District. If you have any questions with respect to the resolution, I'll be glad to answer them for you. Mr. Newcomb stated I just have one quick question. What exactly does it mean? 5 Pagc 1bI1 WENTWORTH ESTATES CDD March 12, 2015 Mr. Smith stated the CDD is the owner of the drainage system; we own the lakes, we own the pipes, etc., so they are designated to be the operating entity of water management permit. There's two phases of the water management permit; there's the construction phase, and then the operations phase, so once it's constructed,the engineer comes out and he writes a certification letter. Once that's all done, then the permit is transferred, or that section of the permit is transferred from the construction phase to the operating phase. So what this says is that the Board is authorizing the Chairman or whoever to, when those things occur, as these permits get transferred throughout the community for, I think you mentioned the Lifestyle Center. Mr. Ward stated right. Mr. Smith stated that we can effectuate that transfer without having to bring every single permit transfer to the Board. Mr. Newcomb stated good,thank you. Mr. Ward asked any questions? Mr. Newcomb stated no. Mr. Ward stated a motion to adopt the resolution would be in order. On MOTION made by Mr. Smith and seconded by Mr. Newcomb, with all in favor, Resolution 2015-3 was approved. EIGHTH ORDER OF BUSINESS Staff Reports I. Attorney Mr. Urbancic stated just quickly, I mentioned last time that there was that sort of the abuse of public records going on, and I think I also mentioned that there were a couple bills pending in the Legislature as to that, so we'll see. By the time we meet again for this District, we'll probably know the outcome of that. I think that there were like one of those bills will likely pass and change the public records law. There are two other bills that I know of right now that would or could affect some of the stuff we do. One is, I think they tried to pass it last year and it didn't go through, it's a security camera footage by CDDs to the extent that you have a guard gate and you have a security camera, it's going to be made Wage 16I 1 WENTWORTH ESTATES CDD March 12,2015 confidential exempt, so that the public wouldn't be able to get that video footage to the extent using security cameras. Also, there is another bill to change Chapter 189, which is a special district statute, so now that Jim's got the websites the way that the statute said, they're going to change that again, and make it change our websites and add some more things. But it's going to change the reporting requirements, so that when you approve audits, like you did today, there's some additional hurdles that we're going to have to go through, and then you're to have to keep things on the website a little bit longer. That will probably get passed, so it's mostly going to be a burden for the manager, unfortunately. But I just wanted to let you know, and I'll update you when we come back, once the session really gets heated up. Mr. Ward asked if there are any questions? II. Engineer None III. Manager a) Financial Statements for the period ending December 31, 2014 Mr. Ward stated I have nothing for you, unless you have any questions on your Financial Statements. NINTH ORDER OF BUSINESS Audience Comments and Supervisors' Requests Mr. Ward asked audience comments or supervisor requests? The record will reflect that there are no members of the audience present. Anything from the Board?. TENTH ORDER OF BUSINESS Adjournment Mr. Ward stated a motion to adjourn would be in order. I On MOTION by Mr. Newcomb,seconded by iSmit ith all in favor the meeting was adjourned at 9:45 a.m! //°G Jame, P. Ward, Secretary muss II Smith, ChairrAn 7IPage 1611 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News WENTWORTH ESTATES CCD JAMES WARD 513 NE 13TH AVE FORT LAUDERDALE FL 33301 REFERENCE: 062196 59765113 WENTWORTH ESTATES • WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT NOTICE OF LANDOWNERS MEETING AND REGULAR METING State of Florida NOTICE IS HEREBY GIVEN that the landowners Meeting and Regular Meet- Counties of Collier and Lee ing of the Wentworth Estates Community Development District will be held at 4A0 A.M.on Thtrsdq _Marti 17,tell;at!be 7rlvlao Gay Sales Trailer Before the undersigned authority, persc 401`Ta"ea",IT`°"E�st, Ftortea3.tLi3 are, The primary purpose of the Landowners Meeting is to elect three (3) su- appeared Dan McDermott , says that. be S pernsorsaftheWeetworhEstate,CommunityDevelopmentDistrict. Inside Sales Supervisor, of the Naples D. Immediately thereafter, the District's Regular Board Meeting will take place.The purpose of this meeting is for the Board to Consider an busi- a daily newspaper published at Naples, 1 . ness which may properly come before it. The meetingp is open to the pub- lic and will be conducted in accordance with the provisions of Florida Law County, Florida: distributed in Collier for Community Development Districts.The meetings may be cancelled or Continues to a date,time and location specified on the record at the meet- and Lee counties of Florida; that the att of advertising was published in saic theopl oflac agendas ges as for t theseoffice meetings may be obtained by contacting newspaper on dates listed. (5)dayspriortothedateofthemeetingsPhoning(954)es84400 at least five If you are nearing or speech impaired,please contact the Florida Relay Affiant further says that the said Nap Service at 1-800.9 5-8770 for assistance in contacting the District Office. News is a newspaper published at Naples, In yaccordance with the provisions of the AmeNcans with Disabilities Act, Collier County, Florida, and that the sa tepe tdisrequiring special accommodationsskoran interpreter1eo pati i- newspaper has heretofore been continuous meeting. 558�400 at leasthsseuven(7)days prior to the d rof the particular day and has been entered as second class If any person decides to matter Considered at thismeetlneal any decision made with respect to any matter at the post office in Naples, in o.such person will need a record of the proceeding and such person may need to insure that a verbatim record of , Collier County, Florida, for a period of heteesri�Ing is made at their own expense and which record includes moray and evidence on which the appeal Is based. next preceding the first publication of t JatttasRward attached copy of advertisement; and affi tu commixt•yoaveloonsenitd strict further says that he has neither paid no Febparvla&'5 20 No.204870B promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/18 02/25 AD SPACE: 86 LINE FILED ON: 02/25/15 Signature of Affiant Sworn to and Subscribed before e dhi day o 201_ Personally known by me + U i" a • " "_ ae r• ILIL. c is Notary Public•State of i,.• . �l� •= Commission#FF 185630 ''• '�s e My Comm.Expires Dec 28.2u t; °�ino Bonded through National Notes v A;.sr Naples Daily News .A Naples, FL 34110 1 Affidavit of Publication Naples Daily News WENTWORTH ESTATES CCD JAMES WARD 513 NE 13TH AVE FORT LAUDERDALE FL 33301 REFERENCE: 062196 59765113 WENTWORTH ESTATES CO APLES ;r to US 41 State of Florida 'rtil Wirer/Lee County Jler meet Counties of Collier and Lee e.Snug-t,4 1111 be hem d gs its Trailer, Before the undersigned authority, personally 1 appeared Dan McDermott , says that he sPrires as the (3) su- Inside Sales Supervisor, of the Naples Daily News, will take a daily newspaper published at Naples, in Collier ;ta;epuso- County, Florida: distributed in Collier ,,.a„.,. oridaLaw a.crr,m icelled or and Lee counties of Florida; that the attached E ! rthe meet- copy of advertising was published in said ' ontac<;no newspaper on dates listed. F least five, Affiant further says that the said Naples Daily ida Relay ,,,RMGE MMD I ice, News is a newspaper published at Naples, in said Collier County, Florida, and that the said 1 GOLDEN 'ties Act. newspaper has heretofore been continuously West of95t,so ,Partic a„elar day and has been entered as second class mail Vinyardst Metea• matter at the post office in Naples, in said and i-75onthe dtoane Collier County, Florida, for a period of 1 year Fast of951 - ' includes t next preceding the first publication of the .,t deeRd. attached copy of advertisement ; and affiant GOLDEN further says that he has neither paid nor GATE ` -nu.704trtoe promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ! PUBLISHED ON: 02/18 02/25 AD SPACE: 86 LINE FILED ON: 02/25/15 -I- —A-- Signature of Affiant , likt Sworn to and Subscribed before e hi day o 20/:~ Personally known by me LAI 1_ ,��;r'i,,.,, CAROL POLi. P� ,+'t': Notary Public-Stale u trip 1 MyCommission#FF 185 1.. �* Comm.Expires Dec 2 I `t", Bonded through National Not' R � Naples Daily News Naples, FL 34110 16 Affidavit of Publication Naples Daily News WENTWORTH ESTATES CCD JAMES WARD 513 NE 13TH AVE FORT LAUDERDALE FL 33301 REFERENCE: 062196 59765113 WENTWORTH ESTATES • wtorrwarrn ESTRUS COMMUNITY DEVM IMENlrmama MOraAto reauuum MMETIII0 State of Florida NOTICE IS HEREBY GIVEN that the Landowners Meeting and Regular Meet- Counties of Collier and Lee I"g of the Wentworth mates Commun Development District will be held at MOO Axon�slrcr u.m16 at tlM TrMw Say Sales 71dr. Before the undersigned authority, persc fOUT "'' "oi1di � appeared Dan McDermott, says that he ser pe'"1rvr`,onagore",�°enew«tti ' ` ment (3)Su-o District Inside Sales Supervisor, of the Naples D.P Immediately thereafter, the CistricYs Regular Board Meeting will take a dailynewspaper at Naples, i ness.The ruarpose of this meeting is for tie Board to consider an busi- publishedP y Pro►erly come before it. The meeting is open to the pub- lic and will be conduetet in accordance with the provisions of Florida Law County, Florida: distributed in Collier for community Development Districts.The meetings may be cancelled or . and Lee counties of Florida; that the at. p tinues to a date,time and location specified on the record at the meet copy of advertising was published in sal. A copy of the eoendas for these meetings may be obtained by contacting newspaper on dates listed. (5)daysspprrioortottheddateoftheneeetlngo. (954)phoning 658-4900 at least five Affiant further says that the said Nap If you are hearin or s eech hnpaired, please contact the Florida Relay News is a newspaper published at Naples, �'" �` ' '� "8f°"�4stenai"con�tingthe DistrictOffice. prdance with the purovislns of the Amerians whh Disabilities Act, Collier County, Florida, and that the sa ' rr+ngsial ons oranIwnewspaper has heretofore been continuous) )ces-+9ooting .t' least „en r day"s'p io the �r ,e ar M° of the pa day and has been entered as second class any aectdes t° aDp�any decision mSt with respect W any matter at the post office in Naples, in smatter rnnsldered at this meting such person wRl need a record of the Collier County, Florida, or a period of 1a 9 s madp °th"�?' x° '"°f° n the testimony and evidence on with the appeal is based ich record Includes next preceding the first publication of tapwrd attached copy of advertisement; and affia Community Drelognind District further says that he has neither paid nor) Februerv1R125.2O No2p4R70e promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/18 02/25 AD SPACE: 86 LINE FILED ON: 02/25/15 Signature of Affiant Sworn to and Subscribed bk/ore e hi day o 2016- Personally known by me ( 2Ii9-Ia a— 1 , CAROL Pt1LIGG 1 ' Notify Public-State of -Y ;• Commission I IT 185630 My Comm.Expires Dec 28,2018, • Banded through National Notary Assn OATH OR AFFIRMATION OF OFFICE 16 I I I, 1MVlP NC'Ll(F , a citizen of the State of Florida and of the United States of America, and being an officer of the Wentworth Estates Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Wentworth Estates Community Development Dis ' t oilier Co nty, Florida. ature Printed Name: Dili STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this day of Af-/ , 2015, by -4.-/=,4,,,;(0 , whose signature appears hereinabove, who is personally known to me or who produced as identification. /Qi /2G.e.lea/ NOTARY PL,$LIC STATE OF FLORIDA ,' ' JAPES P.WARD t•' Commission#EE 150403 Print Name: -� xY February 26,2016 [ dad MmrroPran• +raft,�rura My Commission Expires: OATH OR AFFIRMATION OF OFFICE ' 6 I I, A(3&124 m , a citizen of the State of Florida and of the United States of America, and being an officer of the Wentworth Estates Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Wentworth Estates Community Development District, Collier County, Florida. Signature Printed Name: i` ��. , STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this day of 717,,,t' "s' 2015, by /e.1/L3‘ ff,1/ , whose signature appears hereinabove, who is personally known to me or who produced as identification. ��u�fJGl�rl� NOTARY PUBLIC STATE OF FLORIDA ArrEWb. JANES P.WARD Commission#EE 150403 Print Name: v-�, ,. EckesFebruary26,2016 or.;. . w.�mT1vyA m.wwl61A(nSM My Commission Expires: OATH OR AFFIRMATION OF OFFICE 16 I 1 I, A 45, 4+ .-; citizen of the State of Florida and of the United States of America, and being an officer of the Wentworth Estates Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Wentworth Estates Community Development District, Collier County, Florida. / ig re Printed Namef--- 0'5• /eleg.s.ca �� STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this day of /7,4.#'€-,e, , 2015, by . a-14rd 7i,i /1/�u�1) i'3 , whose signature appears hereinabove, who is personally known to me or who produced as identification. tant-0 /(2 NOTARY/PUBLIC STATE bF FLORIDA r40~pw, .!nMrc r ..u^.,n t! Print Name: . BmddThou toy FrwYe ros/004,64019 My Commission1. 16I1 V MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Wentworth Estates Community Development District's Board of Supervisors was held on Thursday, May 14, 2015, at 9:00 a.m., at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East, Naples, Florida 34113. Present and constituting a quorum were: Russell Smith Chairman Dalton Drake Assistant Secretary Michelle May Assistant Secretary Also present were: Jim Ward District Manager Greg Urbancic District Counsel FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Ward called the meeting to order at 9:15 a.m. The record will reflect that all members of the Board are present at roll call with the exception of Supervisors Negip and Newcomb. SECOND ORDER OF BUSINESS Consideration of Minutes a) March 12, 2015— Regular meeting Mr. Ward stated if you have any additions, corrections or deletions, it would be appropriate at this time to so indicate. Otherwise a motion for their approval would be in order. On MOTION made by Mr. Smith and seconded by Mr. Drake, with all in favor, the March 12, 2015, Landowners' meeting minutes was approved b) March 12, 2015— Landowners' meeting Mr. Ward stated I'll ask that you accept these for inclusion in the record. 1 Page WENTWORTH ESTATES CDD May 14,2015 On MOTION made by Mr. Smith and seconded by Mr. Drake, with all in favor, the March 12, 2015, regular meeting minutes was approved. THIRD ORDER OF BUSINESS Consideration of Resolution 2015- 4,.approving the proposed Fiscal Year 2016 Budget and setting the public hearing on Thursday, August 13, 2015, at 9:00 a.m. at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East, Naples, Florida 34113. Mr. Ward stated the consideration of the budget doesn't bind the Board to any of the programs or costs contained therein. It simply allows you to move forward through the process, such that by the time you hit your August meeting, you'll be in a position to adopt the budget and the assessment rates that are contemplated as result of the preparation of the budget. The budget is basically, exactly the same as what you have seen in the prior year, both for the debt service and for the operations. The rate per unit for next year for operations is $129.16; it was $128.33 in the current year that we're in, so that's basically the same. The assessment rates are roughly the same as what you've seen in the prior years also for your Debt Service Fund. If you have any questions with respect to it, otherwise the resolution is in order and recommended for your consideration. On MOTION made by Mr. Smith and seconded by Ms. May, with all in favor, Resolution 2015-4 was approved. FOURTH ORDER OF BUSINESS Staff Reports I. Attorney Mr. Urbancic stated the only thing is, just kind of combing through what the Legislature actually accomplished in the House. There is one change that we just have to make sure, it will be more of a staff thing, Jim, is there's a change in the law in public records of what needs to be included in third party contracts. We'll just have to make sure we have the standard language in future contracts They sort of modified that provision as to 2lPage WENTWORTH ESTATES CDD 16 I t" May 14, 2015 like engineers' and contractors' responsibility for public records law, so there's some standard language that will have to go in. We just have to make a note of that. Mr. Smith asked so they repaired the Public Records Law or whatever, the issues which were unclear? Mr. Urbancic stated yes, there's going to be a notice. They're making it such that the contractors like engineers don't have to respond directly, that the request has to go through the agency, and that the lawsuit can't be filed until there's another written notice two days before the complaint. They have taken some steps to make it such that you can't just surprise the entity, and then file a lawsuit against them, so there are some changes to that, and so we'll be able to work on that provision. That's it for me. II. Engineer None III. Manager a) Report on the number of registered voters Mr. Ward stated the only thing I had for you is our standard number of registered voters within the District. There are 126 as of April 15th, 2015. As I tell you every year, it becomes significant when you hit two thresholds. One is six years from the date of establishment, which you have hit that; and 250 qualified electors, then you will begin the process to transition the Board to a qualified elector based election. There's no action required of the Board at this time. It's provided to you as a matter of record. FIFTH ORDER OF BUSINESS Audience Comments and Supervisors' Requests Mr. Ward stated no audience present. He asked any supervisor's requests? SIXTH ORDER OF BUSINESS Adjournment Mr. Ward stated a motion to adjourn would be in order. On MOTION by Mr. Drake, seconded by Mr. Smith, with all in favor the meeting was adjourned at 9:20 a.m. 3IPage WENTWORTH ESTATES CDD 15 1611 // 4rtgr Jame P. Ward, Secretary Russell a.m7r, hairman I 41Page 1b I 1 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Wentworth Estates Community Development District's Board of Supervisors was held on Thursday, August 13, 2015, at 9:00 a.m., at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East, Naples, Florida 34113. Present and constituting a quorum were: Russell Smith Chairman Dalton Drake Assistant Secretary Michelle May Assistant Secretary Joe Newcomb Assistant Secretary Board members absent: David Negip Assistant Secretary Also present were: James Ward District Manager Greg Urbancic District Counsel 1. Call to Order & Roll Call Mr. Ward called the meeting to order at 9:05 a.m., and roll call determined that all members of the Board were present with the exception of Supervisor Negip. 2. Consideration of Minutes: May 14, 2015 On Motion by Mr. Smith and seconded by Mr. Drake, to accept the Meeting 1 Minutes of May 14, 2015, and with all in favor the motion was approved. 3 Public Hearings a) Fiscal Year 2016 Budget I. Public Comment and Testimony 1On Motion by Mr. Smith and seconded by Mr. Newcomb to open the Public1 Hearing, and with all in favor the motion was approved. J There were no members of the public present in person at the meeting and there have not been any written comments regarding the proposed budget received. 1 Page 1611 On Motion by Mr. Smith and seconded by Mr. Drake to close the Public Hearing, and with all in favor the motion was approved. II. Board Comment and Consideration There were no questions or comments from the Board. III. Consideration of Resolution 2015-5, Adopting the Annual Appropriation and Budget for Fiscal Year 2016. On Motion by Mr. Smith and seconded by Mr. Drake to accept Resolution 2015-5 as described above, and with all in favor the motion was approved. b) Fiscal Year 2016 Imposing Special Assessments; Adopting An Assessment Roll, Approving the General Fund Special Assessment Methodology and Setting an Operations and Maintenance Cap for Notice Purposes Only. I. Public Comment and Testimony On Motion by Mr. Smith and seconded by Mr. Drake to open the Public Hearing, and with all in favor the motion was approved. There were no members of the public present in person at the meeting and there have not been any written comments regarding the proposed budget received. On Motion by Mr. Smith and seconded by Mr. Drake to close the Public Hearing, 1 and with all in favor the motion was approved. II. Board Comment and Consideration There were no questions or comments from the Board. III. Consideration of Resolution 2015-6 Imposing Special Assessments, Adopting an Assessment Roll, and Approving the General Fund Special Assessment Methodology. On Motion by Mr. Smith and seconded byMr. Newcomb to approve pprove Resolution 2015-6 as described above, and with all in favor the motion was approved. 4. Consideration Of Resolution 2015-7 Designating Dates, Time And Location For Regular Meetings Of The Board Of Supervisors Of The District for Fiscal Year 2016. 2 0 I 1 rOn Motion by Mr. Smith and seconded by Mr. Newcomb to approve Resolution 2015-7 as described above, and with all in favor the motion was approved. 5. Staff Reports i) District Attorney ii) District Engineer iii) District Manager 6. Audience Comments and Supervisor's Requests 7. Adjournment 7 On Motion was by Mr. Smith and seconded by Mr. Drake to adjourn the meeting, and with all in favor the motion was approved. — _ The meeting was adjourned at 9:10 a.m. //a% �/ James . Ward, Secretary Rus ell Smith, Chairman 3IPagc ib l l MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Wentworth Estates Community Development District's Board of Supervisors was held on Thursday, May 12, 2016, at 9:00 a.m., at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East. Naples, Florida 34113. Present and constituting a quorum were: Russell Smith Chairman Dalton Drake Assistant Secretary Michelle May Assistant Secretary Joe Newcomb Assistant Secretary Board members absent: David Negip Assistant Secretary Also present were: James Ward District Manager Cindy Calvert (via telephone) Auditor, Keefe McCullough 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 9:00 AM, and roll call determined that all members of the Board were present with the exception of Supervisor Negip. 2. Consideration of Minutes: August 13, 2015 On Motion was made by Mr. Newcomb and seconded by Mr. Drake to accept the Meeting Minutes of August 13, 2015, and with all in favor the motion was approved. 3 Consideration of Acceptance of the Audited Financial Statements for the fiscal year ended September 30, 2015. Cindy Calvert, partner in charge of the audit, from the firm of Keefe McCullough was available for questions via telephone. j61 Wentworth Estates Community Development District May 12,2016 Ms. Calvert explained that they have specific professional standards that require communication of certain things to those charged with governance, and briefly communicated said requirements..Ms. Calvert also stated that the balance sheet is pretty consistent with the prior year, with positive fund balances in the general fund and the debt service fund. She stated that all the principal and interest payments are current and that the debt service reserve requirement has been met. She stated that there were no deficiencies identified nor instances of non-compliance. She asked if there were any questions from the Board. There were no questions or comments from the Board. On Motion was made by Mr. Newcomb and seconded by Mr. Drake to accept the Audited Financial Statements for the Fiscal Year ended September 30, 2015. 4 Consideration of Resolution 2016-1 Approving the Proposed Fiscal Year 2017 Budget and setting the Public Hearing on Thursday, August 11, 2016, at 9:00 AM at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East, Naples, Florida 34113. Mr. Ward reported that changes to the general fund have been negligible for fiscal year 2017; the rate changed from $129.16 to $129.19 and the debt service fund rates changed slightly based on the actual principal and interest that is due on the bond for next year. Motion was made by Mr. Drake and seconded by Mr. Newcomb to accept [Resolution 2016-1 as described above, and with all in favor the motion was approved. 5 Consideration of setting Thursday, November 10, 2016, at 9:00 AM at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East, Naples, Florida 34113, as the date, time and location for the upcoming landowner's election for one seat on the Board of Supervisors. Mr. Ward explained that the District has reached 384 registered voters within the District, and as such has met both thresholds under the Statute to begin the transition of the Board from a landowner election to a qualified elector based election. He stated that this November, two of the three Board seats that are up with be elected by qualified electors and the third seat will be elected for its last four-year term for the landowner's election. Brief discussion ensued. 2 ;; Wentworth Estates Community Development District May 12,2016 lOn Motion was made by Mr. Drake and seconded by Mr. Newcomb to accept the I consideration above regarding the date, time and location of landowner's election for one seat on the Board of Supervisors. 6 Consideration of Resolution 2016-2 confirming the District's use of the Collier County Supervisor of Elections to conduct the District's election of the Board of Supervisors in conjunction with the General Election. On Motion was made by Mr. Drake and seconded by Mr. Newcomb to approve Resolution 2016-2 as described above, and with all in favor the motion was approved. 7. Staff Reports i) District Manager a. Report on the Number of Registered Voters was discussed above. b. Financial Statements as of March 31, 2016. 8. Audience Comments and Supervisor's Requests 9. Adjournment Motion was made by Mr. Drake and seconded by Ms. M- to ad" ting, and with all in favor the motion was approved. The meeting was adjourned at 9:12 AM fI James P ard, Secretary Russ: I Sri(th, Chairman 3IPagc • ?'aptr&i Battu ? ruts NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. giant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. In the matter of Notice of Qualifying Period 1092950 for Wentworth Estates CDD, that run 1 time in the issue on June 18th, 2016. (Signature o affiant) Sworn to and subscribed before me This 18th day of July, 2016 aQ ko, Notary Public State of Florida Susan D Flora t My Commission FF 040250 osRo Expires 07/28/2017 �dti..'..i1Ci. PV✓� �� (Signature of notary public) lbil •• • IX 0 16D n Saturday,lune 18,2016 w NAPLEs DAILY News = U. d Q MISC.Rentals Offices/Warehouses/Rent Boats/Motors/Marine Automobiles for Sale Vehicles Wanted E 0 RENT ITFASTI!! TAYLOR ROAD 6026/09 MERCEDES-BENZ 560SL 1989 PREMIER MOTORCARS 0. Naples Daily News offers OPEN Sat.&Sln.6-Yin WITH ONLY 43,500 MILES. Cars/hocks/Classics / Special packages to help you Great Parking& FORMULAAM THE ORIGINAL OWNER We Pay Top Dollar Ve O Rent your property nowt Parts room AND CAR HAS ALWAYS BEEN For Clean Vehicles. W 2 Overhead doors Classic.Cars GARAGED.CAR IS VERY Perm rmycars.com 0 Best Rental Package 50850It. 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Reoeiee moveyy in one lump BENTLEY MULSANNE 1985 EONS BMW CONVERTIBLE Q U waloy g9 It,tennis,hiking, u Get afree quote, extremely nice,daily 39K mi.silver.Beautiful cond., waterfalls. Explore&shop s(60M0f1-2NO3 Recreational Storage driver,must see.$16,900.obo New tap motors.Never in nearby mountain Lawns.For salt.$3K above book but well r [ and availabil• qp„„;n „8,,, (23976917000 Find cycles 0 < photos,ra es an $p 'myP orth ii.$I3,900 firm.Call 0 O U listing 0495166 on A 35005Q.TT.HOME FOR SALE BUICK ROADMASIER 1994.4 far viewing(139)2492542 Z RBO.com at 706-579-1233. in Qated community which door,great A/C..auto,PR,PS ) U. Z Cl (706)579-1233 Money t0 Loan incorporates 5 garages and &iseats,new fires,115,200 2012 MAZDA MIATA MX-5 boats and BRIDGE LOANS pace fora 45ft RV.Call far m.§2,900.(239)495-0303. Blue 18K mi.in Excellent On Commercial Property details.(139)405.8851. Condition.One Owner. 3-5 VIZ,Interest Only $12,500.Call(646)510.4836ETT RUs Real Estate local Investor. STORAGE: MOTORHOMES tt CHEVROLET CORVE•2004. 1E tJI Commercial 901 634 6497 RVs, boat, auto. Covered < LLB White w/Tan conv.top. available. (239)643.0447 Perfect Condition.40K mi. Bay a Car $21,000.2395375551 wheels/Recreation U) of fiCes.'Warehouse/$ale RecneatiOndl Trailers Help a Local Charley JAGUAR VANDEN PLA52005 12116aSee our inventory at 38K miles,excellent cond., AAA BEAUTIFUL SUITES cars.n 11s.com loaded,sunroof,1 owner FROMTHIS WEEK'S SPECIAL click on cars for sale $16,000.(139)T77-4571 $295.With conference Nroam.Call 239 643 1600 Beat 6/Motors/Marine 32'HOLIDAY RAMBLER Donatea Car CLEAN!$1,995. Help aLocal Child EXECUTIVE WAREHOUSE 2013 SF4D00 RXTenew. NOLIDAYRVTRAlLER SALES 239-692.9840 Sport Utility Vehicles •Like 19710 South US 41,Ft Myers M-F 10.5 RADIO RD. 'under A/C 20 hrs.New cover.Reverse. 239.590.0066 or visit: 1742 Commercial Dr. JEEP WRANGLER 1997 Sahara, Call 03 $155,000.Call 259-860.1151 Only$10,900.239.776-2977. holidayrvftmyers@gmail.com Naples,FL 34112 Green/Tan,4WD,76K miles, 0 C a A/C works,tesuper engine, les ll / all electrical wos. c 0. Call or tex00(602)456.5389 a) C O U Trucks FORD F-1502000 cold A/C,1 Place your Q Q owne'(239)272�196 les$1600. online a` COs4J Vehicles Wanted l,ocialfie L hasa new feature! anted!Dead or or9-2 AlivBSOLUTEY ALL eTop Reedlthe beald CARS/TRUCKS WANTED STEARNS MOTORS Sell Your Used or Damaged MOST TRUSTED 2000.2016 Vehicle Fast! Running or Not.Nationwide BUYER Since 1977.N Free Towing.Same Day Rod or Jim(239)774'Taeo n Pick-Up And Pay Available: Call BBB-,agiv 99 N Auto[arts A Arc In CORVETTES WANTED-Top 4 TIRES/RIMS,USED-18 inch dollar.Cash Today.Call 941' Pacer,61u Nitto Tires0. ; M © `• 8093660 or 941933-3421 lug.• $400.(239)402.bei in x .�-�\ trucks,BA's,cycles.$1N LARGEST BUYER IN FL•Autos, ESCALADEtherseats$50e N �S 78��� . FIAT 500-1960 §100N.Dave.(2397250.2000 (139)860 2983 'N. NOhce Notice a) < ♦ Mongol V♦ Q ' -`t�� lMa„im NOTICE OF OUAMFYINB PERIOD FOR CANDIDATES r Z N ESTATESE COMMUNITY DEVELOPMENT DISTRICT L Notice iso hereby Ivan that the qualifying y lad tot Wnditlates for the office of 5 perict wilsar of Wentworth Estates ne 2,2 1yo Development close at noon ton lune 24,2016Me at noon on lone 20,2016 an E , Candidates must qualify for the office of Supervisor with the AUTOmaticPhotos Collier,County rida,(pee Is252.840. Candidates Trail East, L 3 = Naples,Florida R39)or of Elections, l c Candidates Trail East, Z prior to the official qualifying period subject to the rules and ahall ra yralify tat inf dividual Supervisor oln accordance with Seeh tlante 995061, C �S Flarltla Sta qualified elector Issanbpetsoefattlleast 18 yeas of C Q District.A yye who Is a ckRed of the Unitetl States legal IStaeent of the �"' L State Df Florida tl pf the aroiaat,and Witt I5 re Im pig tD vote Z 0 with the Collier County Supervisor of Election.ca campaigns shall be conducted In accordance with Chapter 106,Florida Statutes. Q N U Sell your e a r with Wentworth Efreelz Communityy Development District has Iwo (pa)siesta faworyea�term o pftficellYElecilons ere,npartlsan ov wib be held,i the saa manner p as the g raw election on �` November 1,I016,in the prezcribetl by law for general the Daily News! - Foraelectdna. ,,,,,, For additional information,please contact the comer county d d.,,: • w Supervisor of Elections,Jennifer 1.Edwards,3295 TamiamI Troll East,Naples,Florida,telephone(239)352.8460. •DONT HAVE A PHOTO OF YOUR CAR TO pn<1B,:D16 No.109295g EMAIL US?NO PROBLEM-stop by our office ""1, . Notice Wire at the Naples Daily News,1100 Immokalee Road ,_.r + ' 1i ��+ THE DESIGNREVIEWBOARD Gtr Caunal uumeenes ay,Jun eat swth,Naples.Florida and we'll take one for you! ^ Wednesday,lone zz.zo16 9:00 A.M. •AD RUNS DAILY IN THE CLASSIFIEDS + - All information on item,on this agenda,which has been provided in advance of this meeting,may be inspected in the AND SATURDAY IN THE SWFL WHEELS - office of the City Clerk,Room B,City Hall,or at the Planning -' Division,195 Riverside Circle,Naples,Florida. All written, _- u da visual and material n nReview PUBLICATION(Formerly AUTO CLASSIFIEDS1 - t1 . Board nconjunction with deliberations during this meeting.will for 30 days max(if your auto sells before brIbCyeCprperryof the City o Naples and will beretained IA '1'Y7Y'TFS9 yV then call us and we will take itoff Amon the items to be considered at this� 1 �_ 7.1t w 2^a Yi1.1 9 g are: B_ 0 •AD WILL ALSO BESEENONLINEat _ 16-DRB21-Consider an application for Final Desgn Review including pproval for two(2)n -story commercial structure, V O ,'-,_ L_ _ dr g.a restaurant with outdoor diningand a vehicular rental p�` N http://www.naplesnews.eom/cars/ ,: ;`•• j faciihyy Chi porrgorageandanofficeforpropertylocatedat - 9447thnAvenue North. -\ Architect Matthew Kra h,Ala of MHK Architecture and Planning, •AD IS GOOD FOR6LINES _=` _ . t,, presenting g 16-DRB22-Considerapplication for Final Design Review Z T Board approval of an andition to and renovation of an existing commercial building,including improvements to the parking .w Call your NDN rrprese tAtive far more information ,,1.1� areas,landscape and�nardscape,on property located at 1400 aP/ ___ 9th Street North. 239 263 700 i�-F 8am-5prn __ Architect David M.Corban,David Corban Architect,presenting ///���ii Ate' 16-DRB23-Final Design Review approval of revisions of the - lantls ppI g for the Coastlantl Center Mall on property located andscate Architect rth Ste Landscape ArcM1 Sect Sieve Shanchez.ASLA,of HGOR,presenting Z n _ ia e may be taken on any item discussed or added to Formal action on IMI as this a• da ae wh Ides =N as. • wswan 1ztplr5 D ilit 1rius ma .at= tooa > ., 71.te� \ proceed . an nee•t sir t eager. ii1.t /1 Nth tYm �c r rcc d Bra ertesy a On nooRtcd Iit(e 9 erk.00drydisaa n-E�� ,a 11001mmokalee Road Naples.FL 34110 •www.ndnadvertising.com f p requests at least g two business CR ys before the meeting ate. Lune IV 2016eas[twob in ss days before the meeting late. 3r� 61 No.1142820 1. 41 Y I fi b I V"' ?'apLrø B1aiLll Nritia NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# WENTWORTH ESTATES CCD 721330 NOTICE OF ANNUAL MEE Pub Dates October 1,2015 (Sign ure of affiant) Sworn to and subscribed before me ( aM',p�"�►'•, IYONNE GORI ��` This February 5,2016 Notary Public-State o1 Florida • 1 ' Commission FF 900870 My Comm.Expires Jul 18,2019 Bonded through National Notary Assn, (Signatur of affiant) ' 14D as Thursday,October 1,2015.NAPLES DAILY NEWS Tdx Deed Application Tax Deed Application Tax Deed Application Tax Deed Application N,nlc.. emmommor in said certificate shall be NOTICE OF APPLICATION FOR Collier County Courthouse redeemed according to law, TAX DEED Annex, 2nd Floor, Clerk's DWIGHT E.BROCK LEGAL NOTICE the property will be sold to Administration Conference CLERK OF THE CIRCUIT COURT the highest bidder at the NOTICE IS HEREBY GIVEN that Room at 1:00 P.M.on Monday, THEFIRE COMMISSIONERS S S HOLD ITS RE ULARIY Collier County Courthouse JUDY HARMON holder of the November 2,2015. BY:/s/Donna Rutherford OE FIRE N THRSAY.WILL ER HOLD ITS REGULAR MONTHLY Annex, 2nd Floor, Clerk's following tax certificate has MEETING ON THE TRAININGR ROOM AT 8,20t5 COMMENCING AT A 'Administration Conference tiled said certificate for tee Dated this 9th day of Deputy Clerk 9:00 A.M.IN ROOM THE NORTH COLLIER FIRE U Room at 1:00 P.M.on Monday, deed to be issued thereon. September,2015. Donna Rutherford CONTROL AND RESCUE DISTRICT'S STATION 45 LOCATED AT 1885 November 2,2015. Certificate number, year (Seal)pp VETERANS PARK DRIVE,NAPLES,FL 36109. Dated this 8th day of of issuance. name in of CLERKWIIGHT E.OF THE BROCK September COURT Septem20ber 24 and October 1,8 The agenda will be available for review the Monday prior to the September,2015. assessed is as follows: meeting at Station 45,located at 1885 Veterans Park Dr.Naples, BY:/s/Donna Rutherford FL 34109 or by calling 239-597-3222 to request afaxed or emailetl DWIGHT E.BROCK Certificate Number:08-826 copy. CLERK OF THE CIRCUIT COURT Deputy Clerk There's North Collier Fire Control and Rescue District Board of Fire Property ID#:00630210003 Donna Rutherford Chairman)Christopher Lombardo BY:/s/Donna Rutherford Description:5 51 29 WI/2 OF (Seal) SE1/4 OF SEI/4 OF NW1/4 OF September 24 and October 1, Commissioners October 1,2015 No.714024 Deputy Clerk SW1/4 1.25 AC OR 995 PG HI,, 8,&15,2015 No.702652 Donna Rutherford said property being in Collier NOTICE OF APPLICATION FOR no place (Seal) County,Florida. N,I i,, September 24 and October 1, TAX DEED Notice 8,&15,2015 No.702856 Name in which assessed: NOTICE IS HEREBY GIVEN-- _-- IOXN F&flITATRUGCEflOin( Notice of Meetings that COURTNEY CRAFTON- e here IIIPIPrSf10�d(PIIkPhPIP! SWETT holder of the followin j Heritage Greens Community**wad Unless the property described y Development District Ip�g�I wad in said certificate shall be certificate certificate has filed be redeemed according to law, certificate for tax deed tote The Board of Supervisorsitwi of the Heritage Greens issued thereon. Certificate 0 NOTICE OF APPLICATION FOR the property will be sold to number, year of Issuance, Community Development District will hold their meetings for TAX DEED the highest bidder at the description of Fiscal year 2016 at ge Greens at the Heritage Greens Community Collier County Courthouse i I Property,and Real Estate Center,of a Heritage Greens Drive,Naples,Florida on the third NOTICE IS HEREBY GIVEN Annex, 2nd Floor, Clerk's name in which assessed is as Monday of each month as indicated below: follows: that WILLIAM OR MARY Administration Conference LOU CRAFTON holder of the Room at 1:00 P.M.on Monday, Certificate Number:13-d682 October 19,2015 following tax certificate has November 2,2015. November 16.2015 filed said certificate for tax Property IDtt:561030000 January 18,2016 M deed to be issued thereon. Dated this 8th day of Description:MAINLINE out 4 MarchFebruary 22,2016 i016 Certificate number, year September,2015. March 21,2016 of issuance, description of LOT 5,said property being inAI April 18,2016 property and name in which DWIGHT E.BROCK Collier County,Florida. May 36,2016 assessed is as follows: CLERK OF THE CIRCUIT COURT Name in which assessed: July 180.2016 2016 Certificate Number:13-5112 BY:/s/Donna Rutherford ERNES?FREEMAN August 15,2016 Unless the September 19,2016 Proper[ ID#:62250160001 Deputy Clerk Property described y in said certificate shall be Description:NAPLES MANOR Donna Rutherford There maybeoccasio Meetingsn one or more Supervisors LAKES BLK 10 LOT 22,said (Scull redeemed tywill according to law, a date,participate t imp,a by placecehonb. specified may be continuedd to property being in Collier Sepptember 24 and October 1, the property der sold to a time,and to be specified on the record at the County,Florida. 8,&15,2015 No.702841 the highest bidder at the meeting. Collier County Courthouse Find yours at NOTICE OF APPLICATIONFOR Adn, 2nd Floor, Clerk's nce Any person requiring 5p cior accommodations at Name in which assessed: TAX DEED Administration Conference this meeting because of a disability or physical impairment CAROLINE JONES Room at 1:00 P.M.on Monday, loco j f teas should contact the District Office at(954)753.5841 at least two VERNON JONES NOTICE IS HEREBY GIVEN that November 2,2015. calendar days prior to the meeting.If you are hearing or speech SHERYL BARON holder of the impaired,please contact the Florida Relay Service at(800)955- Unless the property described following tax certificate has Dated this 9th day of 8770 for aid in contacting the District Office. in said certificate shall be filed said certificate for tax September,2015. redeemed according to law, deed to be issued thereon. Each person who decides to appeal any action taken the propert will be sold to Certificate number, year Notice Notice at these meetings is advised that person will need a record of the highest bidder at the of issuance, description of Collier County Courthouse property,and name in which theNOTI proceedings ar tt and that accordingly,ther person may need Annex, 2nd Floor, Clerk's assessed is as follows: ESTATESES COMMUNITAL Y DEVELOPMENT includingto ensureteatsimonyt record of the which such is made. Administration Conference WEN7WORTX COMMUNITY DEVELOPMENT DISTRICT obebased.testimony and evidence upon which such appeal is Room at I:00 P.M.on Monday, Certificate Number:13-271 to be based. November 2,2015. The Fiscal year 2016 Regular Meetings of the Board of Supervisors Property ID#:OOU7A00000 of the Wentworth Estates Comm unity Development District will Calvin Teague be held on the second Thursday of each month at 9:00 AM.,at District Manager Dated this 1st day of Description:9 47 29 NE1/4 OF the Treviso Bay Sales Trailer,located at9014 Tamiami Trail East, October I,2015 No.713957 September,2015. NEI/d OF NE1/4 OF NE1/4,EXC R/W,LESS 5 25FT 1.96 AC OR Naples,Florida 34113,on the dabs shown below: DWIGHT E.BROCK 1459 PG61,said property being October 8,2015 November 12,2015 N,.liC, CLERK OF THE CIRCUIT COURT in Collier County.Florida. - Notice December 10,2015 January 14,2016 BV:/s/Donna Rutherford Name in which assessed: February II,2016 March 10,2016 NOTICE OF RULEMAKING REGARDING THE RULES OF PINE RIDGE PROPERTIES LLC April 14,2016 May 12,2016 PROCEDURE OF THE Depu Clerk June 9.2016 July 14,2016 WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT Donna Rutherford Unless the property describedAugust 11,2016 September 8,2016 (Seal) in said certificate shall A public hearing will be conducted by the Board of September 24 and October 1, redeemed according to law. The meetings are open to the public and will be conducted in Supervisors of the Winding Cypress Community Development 8,&15,2015 No.702633 the property will be sold to accordance with the provisions of Florida Law for Community CDistrt on November 3.ourt Naples,Florida 3411415,at 1:00 p.m.at 225 Wireprass NOTICE OFAX DEED ATION FOR Cothl higr hest County bidder at ouse the h Development Districts. A copy of the agenda for the meeting Annex, 2nd Floor, Co at thoe may be obtained from the office of the District Manager,JPWaro In accord with Chapters 120 and 190,Florida Statutes, NOTICE IS HEREBY GIVEN that Administration Conference 33305,at flee least (5)41 N.E.days in Terrace, Wilton of the ameeti ,Floriday District.) Winding Cypress Community Developmento i Districta adopt JUDY HARMON holder of the Room at 1:00 P.M.on Monday, phoning(954)658-4900. g y pispo ed hereby gives the public notice of its intent to atlopt its following tax certificate has November 2,2015. proposed Rules of Procedure. filed said certificate for tax Dated this 1st da Any meeting may be cancelled or continued to a date,time and issued thereon. y of location specified on the record at the meeting. The purpose and effect of the proposed Rules ct deed to be Certificate number, year September,2015. Procedure is to provide for efficient and effective District of issuance, description.of DWIGHT E.BROCK In accordance with the provisions of the Americans with operations. Prior notice of rule development was published in property,and name m which Disabilities Act,any person requiring the Naples Daily News on September 30,2015. assessed is as follows: CLERK OF THE CIRCUIT COURT or an interpreter to participate at these meetings should contact Certificate Number:OB-6U BY:/s/Donna Rutherford the District Manager at(954)658-4900,at least five(5)days The Rules Supervisors,Procedure mnd voting, such areas as prior to the date of the meetings.If you are hearingor speech the public informationf of ps and records,rds,district offices, Property ID#:00512040004 Deputy Clerk impaired,please contact the Florida Relay Service a 1.800-955- meetings,hearings and inspection of ulemak g proceedings dinlic Deput Rutherford 8770,for assistance in contacting the District Office. v rctl workshops,iprocedureo p ee the Description:33 50 29 W1/2 OF and competitive purchase including under the NE1/4 OF SW3/4 OF NW1/4 Of (Seal) If any person decides to appeal any decision made with respect Consultants Competitive Negotiation Act,procedure regarding NE1/41.25 AC OR 809 PG 1399, September 24 and October 1, to any matter considered at these board meetings,such person auditor selection,purchase of insurance,pre-qualification.materials, said property being in Collier 8.&15,2015 No.702943 will need a record Of the proceedings and such person may need construction contracts, goods, supplies and materials, County,Florida. NOTICE OF APPLICATION FOR to ensure that a verbatim record of the proceedings is made at maintenance to pe serving,contractual well as services and of protests with TAX DEED their own expense and which record includes the testimony and erati n of the as well as any other area the general Name in which assessed: evidence on which the appeal is based. operation the District. LAVERN A&FLORENCE HICKS NOTICE IS HEREBY GIVEN that COURTNEY GRAFTON- Wentworth Estates Specific legal authority for adoption of the proposed Unless the property described SWETT holder of the following Community Development District Rules of Procedure includes Sections pecifi1(5),190.01leme and in said certificate shall be tax certificate has filed said James P.Ward in they,Florida Statutes re in.The specific laws implemented entetl redeemed according to law, certificate for tax deed to be District Manager the Rules of Procedure include,but are not limited to, the property will be sold to Issued thereon. Certificate October 1,2015 No.72330 Sections 112.08,112.3143.119.07.189.053,190.006,190.007, the highest bidder at the number, year of issuance, 190.008,190.011(3),190.011(5),190.011(15),190.033,190.035, Collier County Courthouse description of property,and 218.931,255.05.255.0518,255.05rid 255.20,Statutes(2014),0105.286.011, Annex, 2nd Floor, Clerk's name in which assessed is as Request for Bids Request for Bids 287.017,287.055 and 287.084.Florida and Ch. Administration Conference follows: q 2013-227.Laws of Florida. Room at 1:00 P.M.on Monday, CITY OF BONITA SPRINGS Any person who wishes to provide the District with November 2,2015. Certificate Number:13-5331 REQUEST FOR BIDS a proposal for a lower cost regulatory alternative as provided Dated this 8th day of PDescription:.631165200008 ET SIGNALIZATION AT SNANGRI-La ROAD AND IMPERIAL PARKWAY bithinctrweenty one 31)Fdaysd uttertpublication of this notice to September,2015. PROTECT SUM BLK 49 LOTS 15 THRU 17. RFB IS-018 the District Manager at 2501A Burns Road,Palm Beach Gardens, DWIGHT E.BROCK said property being in Collier DUE:2:00 PM,OCTOBER 23,2015 Florida 33410. CLERK OF THE CIRCUIT COURT County,Forida. BY:/s/Donna Rutherford Name in which assessed: This public hearing may be continued to a date,time. JAMES L SUTTLESich The City of Bonita Springs,Florida is solicitingSealed bids and lest to by anyed onithe record at the thresp Ifto anyone qualified contractors to chooses to appeal decision of the Board with respect to any Deputy Clerk from provide materials and services matter considered at a public hearing,such person will need a Donna Rutherford Unless the property described in connection with the Signalization at Shangri-La Road and record of the proceedings and should accordigly ensure that a (Seal) C Imperial Parkway Project,Bonita Springs.Florida.in said certificate shall beverbatim record of the proceedings is made which includes the September 24 and October 1, redeemed according to law, Interested ies of parties should submit one(1)original and three(3) At testimony annd evidence upon which such appeal is to be based. NOTICE OF APPLICATION OFOR the property2823 the iges bidder byidde will r atldthe Bo to nita Springs,Attention:City Clerk,documents 9Bid Form to the 01 Banta Beach ORoad, heahag by se peaker telephhne.lsors may parhmpate in the public TAX DEED Colliercial accommodations at this MuntyloCourthouse e Bonita Springs,Florida 34135,on or before Friday,October 23, Any person re IS GIVEN Administration Conferencer, 2015,at2:00 P.M.,marked RFB#t5.OU.Bids delivered after the meeting because of a disability orphysical impairment should that NOTICE IS HEREBY GIVEN Room is rtiogate n en Monday. time and date stated will not be considered.Postmarks will not contact the District Office at(561)630-4922 and/or toll free LOUhaCRAFTONWIIAholderO of the Roo at 2.2015. y be considered. Faxed or electronically transmitted(e-mailed) at 1-877.737-4922 at least forty-eight(48)hours prior to the material will not be accepted. following tax certificate hs eating.If you are hearing or speech 770,for aid please contact filed to said dbcericae for tax Dated this 1st day of A NON-MANDATORY PRE-BID CONFERENCE will be held on the Dlistrict Office. deed at l-800.955-8770,for in contacting September.2015. Thursday,October 8,2015,at 1:30 P.M.Local Time in Bonita Certificate issued umber, year Springs City Mall. f DWIGHT E.BROCK A copy of the proposed Rules of Procedure may be of issuance, description property and name in which CLERK OF THE CIRCUIT COURT SCOPE OF WORK: Obtained by contacting the District Manager at ng lS6 Bums 630- assessed is as follows: The scope of work for this project includes,but is not limited to, Road,Palm Beach Gardens,Florida 33410 or by calling(561)BY:/s/Donna Rutherford furnishing all labor,materials.supplies,equipment,services, 4922 and/or toll free at 1-877-737-4922. Certificate Number:13-4196 Deputy Clerk and incidentals,to permit,construct.and test complete Property Mg:Ifi573003925 Donna Rutherford signalization in accordance with the Sipnalization Construction Kathleen Dailey Description:GRANADA LAKES (Seal) Drawings provided by 1M0 Transportation Engineering,Inc. District Manager VILLAS CONDOMINIUyUM BLDG September 24 and October 1, The specific services anticipated include,but are not limited Collier Count190-05,said y,Florida. NOTICE in NOTICE OF APPLICATIONO2706 to.FOR permitting,public involvemece nt,above above surface and subsurface October O1C20 5F55 COMMUNITY DEVELOPMENT DISTRICT 14681 Name in which assessed: TAX DEED utility adjustments, field verification, minor roadway ement VIRGILIO&ELIZABETH VALDES NOTICE IS HEREBY GIVEN that marconk ng, ADA ruction, acompl ant intenanceof sidewa k gconsttraffic. trruct oand n avtraffic Unless the property described ESTATE OF D R BARTON holder signal construction,installation of underground conduit and — . of the followingtax certificate interconnect cabling. in said certificate shall be has filed said certificatefor redeemed according to law, tax deed to be issued thereon. Installation of traffic characteristics monitoring devices Online the proper[ will be sold to Certificate number, year (Vehicle Detection)and(Wireless Communications System �//� the highest bidder at the of stance, description of Equipment)e to be furnished any installed by the contractor in Z4I) Customer Annex, ndnty or. euss assess and name m which accordance s an the Lee cation Department of Transportation Annex, 2nd Floor. Clerk's assessed is as follows: Requirements and Specifications. Administration Conference Service Room at 1:00 P.M.on Monday. Certificate Number:12-3925 1. Lee County Traffic Operations will perform all Cell Modem November 2,2015. Programming. Property!DP:40575000003 2. Contractor shall be responsible for communication and Manage your subscription Sated this day of DesES7crUNITn-75 TREN 67,Gaid E interface Lee County Department ion protocols ofTransportation. by Find s apex newsstand to DWIGHT E.BAOCN Property being in Collier Naples buy a paper CLERK OF THE CIRCUIT COURT County.Florida. The Contractor shall inspect the site to fully understand the Ail�f}l�eel� •Piece obituary,classified adscope of the project. `",��``'�'"'LL..s Place c press release Name in which assessed: �* BY:/s/Donna Rutherford JORGE RODRIGUEZ COPIES OF CONTRACT DOCUMENTS:Official bidding documents m3ee of� I Submit news DeputyClerkckiding plans and Project Manual may be obtained from the e �Na wW Submit a letter to the editor Donn Rutherford nnlsaid thecertificate described bbe Floolic Works rida 34135,orf by call calling(239)949-6246,at no charge 9101 Bonita Beach Road,Bonita ,or by �� 'rOm Report a problem (Seal) redeemed according to law, downloading thew documents from our Internet site www. September 24 and October 1, he property will sold to October 0,2syrings.ory. W W W,Nap1e5News.com/CustomerSerykQ 8.&15,2015 No.702762 the highest bidder at the October 1,2015 No.717774 t6II 'A MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Wentworth Estates Community Development District's Board of Supervisors was held on Thursday, August 11, 2016, at 9:00 a.m., at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East, Naples, Florida 34113. Present and constituting a quorum were: Russell Smith Chairman Dalton Drake Assistant Secretary David Negip Assistant Secretary Joe Newcomb Assistant Secretary Absent were: Michelle May Assistant Secretary Also present were: James Ward District Manager Greg Urbancic District Counsel 1. Call to Order & Roll Call Mr. Ward called the meeting to order at 9:05 a.m. and roll call determined that all members of the Board were present. 2. Consideration of Minutes: May 12, 2016 Motion was made by Mr. Drake and seconded by Mr. Newcomb to accept the Meeting Minutes of May 12, 2016, and with all in favor the motion was approved. 3 Consideration of Resolution 2016-3 declaring a vacancy in Seat 4 (currently held by Dalton Drake) effective November 22, 2016. Mr. Ward reported that there were two seats that came up for the General Election. The qualifications for these seats were Collier County registered voters residing within the District. There was one individual (Paul Zotter) who qualified for Seat 3, which was Ms. May's seat. Since no one has qualified for Seat 4, 1 Page tbI1 -4 Wentworth Estates Community Development District August 11,2016 according to the Statute the Board can declare that seat vacant and it can be filled as of November 22, 2016. In November, another resolution will be added to the Agenda where the Board will appoint someone to fill Seat 4, which will be a two-year term. There were no questions or comments from the Board. Motion was made by Mr. Drake and seconded by Mr. Negip to accept Resolution 2016.3 as described above, and with all in favor the motion was approved. 4. Public Hearings a. Fiscal Year 2017 Budget `Motion was made by Mr. Smith and seconded by Mr. Drake to open the Public Hearing as described above, and with all in favor the motion was approved. Public Comment and Testimony There were no members of the public present, and no written or oral communications received regarding the 2017 budget. Motion was made by Mr. Negip and seconded by Mr. Drake to close the Public 'Hearing as described above, and with all in favor the motion was approved. ii. Board Comment Mr. Ward stated that there have been no changes to the Budget that was presented to the Board in May, except for updating the roll counts. iii. Consideration of Resolution 2016-4 adopting the annual appropriation and Budget for Fiscal Year 2017. 1Motion was made by Mr. Smith and seconded by Mr. Negip to approve Resolution 12016-4 as described above, and with all in favor the motion was approved. b. Fiscal Year 2017 Imposing Special Assessments; Adopting an Assessment Roll, Approving the General Fund Special Assessment Methodology Motion was made by Mr. Negip and seconded by Mr. Smith to open the Public Hearing as described above, and with all in favor the motion was approved. 21Page 16II Wentworth Estates Community Development District August 11,2016 i. Public Comment and Testimony There were no members of the public present, and no written or oral communications received regarding the Special Assessments, Adopting an Assessment Roll, or Approving the General Fund Special Assessment Methodology. Motion was made by Mr. Negip and seconded by Mr. Drake to close the Public Hearing as described above, and with all in favor the motion was approved. ii. Board Comment There were no Board questions or comments. iii. Consideration of Resolution 2016-5 imposing Special Assessments, Adopting an Assessment Roll, and Approving the General Fund Special Assessment Methodology. Motion was made by Mr. Smith and seconded by Mr. Newcomb to approve Resolution 2016-5 as described above, and with all in favor the motion was approved. 5. Consideration of Resolution 2016-6 designating dates, time and location for regular meetings of the Board of Supervisors for Fiscal Year 2017. Mr. Ward stated that the same date, time and location will be used in Fiscal Year 2017, which is the second Thursday of the month. Mr. Ward said that he does not expect there to be many meetings other than the November Landowners Meeting and the two meetings in May and August for approval of proposed budget and adoption of proposed budget. tion was made by Mr. Negip and seconded by Mr. Newcomb to approve Resolution 2016-6 as described above, and with all in favor the motion was approved. 6. Staff Reports i. Attorney Mr. Urbancic stated that he had nothing to add. ii. Engineer No report given. iii. Manager Mr. Ward stated that he had nothing further. 31Page t611 Wentworth Estates Community Development District August 11,2016 7. Adjournment Motion was made by Mr. Negip and seconded by Mr. Newcomb to adjourn the meeting, and with all in favor the motion was approved. The meeting was adjourned at 9:15 a.m. //1/-(„4., Jame . Ward, Secretary us i , C airman 4IPagc t6I 1 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Wentworth Estates Community Development District's Board of Supervisors was held on Thursday, May 11, 2017, at 9:00 a.m., at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East, Naples, Florida 34113. Present and constituting a quorum were: Russell Smith Chairman Joe Newcomb Assistant Secretary Paul Zotter Assistant Secretary James Oliver Assistant Secretary Board members absent: David Negip Vice Chairman Dalton Drake Assistant Secretary Also present were: James Ward District Manager Charles Thomson District Attorney Josh Weinberg (via telephone) Auditor, Keefe McCullough 1. Call to Order & Roll Call Mr. Ward called the meeting to order at 9:00 AM, and roll call determined that all members of the Board were present with the exception of Supervisor Negip. 2. Consideration of Resolution 2017-1 Appointing a Qualified Elector to Fill the Vacancy in Seat 4 on the Board of Supervisors Pursuant to Section 190.006(3)(b), Florida Statutes Mr. Ward said this resolution appointed a qualified elector fill the vacancy in Seat 4. He said last year they had had an election for the two seats and Mr. Zotter filled one and no one qualified for the election in November. The statute provided a qualified elector was a citizen of the United States, resident of the State of Florida, resident of Treviso Bay and registered to vote in Collier County. He asked the Board to nominate such an individual 1 1Page t611 Wentworth Estates Community Development District May 11, 2017 and by motion adopt the resolution, fill in the name, and Mr. Ward was prepared to swear in such person. !Motion was made by Mr. Newcomb and seconded by Mr. Zotter to elect Jim Oliver 'to fill the vacancy in Seat 4, and with all in favor the motion was approved. 3. Administration of the Oath of Office for the Newly Appointed Qualified Elector Pursuant to Resolution 2017-1 to Seat 4 Mr. Ward noted for the record that Mr. Oliver was present. Mr. Ward stated he was a notary of the State of Florida and authorized to administer the Oath of Office, and he did so. He asked Mr. Oliver to sign the Oath. Mr. Ward advised Mr. Oliver he would provide via email a copy of Form 1 Statement of Financial Interest, which must be filed within 30 days with the Supervisor of Elections in Collier County. He advised Mr. Oliver of the penalties for not filing in time. Mr. Oliver asked how he was to file it, and the response was to mail it or bring it to the Supervisor of Elections office in Collier County. Mr. Ward also pointed out there was a copy of the Sunshine Laws and the Code of Ethics for Public Office, both of which were provided in written form. He explained the Sunshine Laws in detail with the Board and noted that essentially no two members of the Board may communicate with each other outside of an open noticed public meeting, nor may you use your staff or another any other person to communicate with the Board on any matter which may foreseeable appear before the Board. He pointed out that emails from residents become part of the public record and must be kept. He also gave other examples of what might be considered public record He said at the current time there were firms that made public records requests and they must be responded to. He said he generally gets those requests, but if a Board member should get one, forward it to him. He said the email addresses of the Board members were posted on the website. Mr. Smith suggested that we can set up an email account specifically for Wentworth Estates. Mr. Ward said no matter what email address they get the public records request in, it would be considered notice. Mr. Ward said this will rarely happen, and the request must be in writing. 4. Consideration of Minutes: August 11, 2016 Mr. Ward asked if there were any additions, corrections or deletions to the minutes. 2jPage 16 f 1 Wentworth Estates Community Development District May 11, 2017 Mr. Zotter asked how the public was notified of the meetings. Mr. Ward responded that the statute required the District to publish notice once a year in a newspaper of general circulation in the County where the District resided. In addition, as of this year the statute required the entire agenda be published on the website seven days in advance of the meeting. He added that the public hearings were also published in a newspaper. Mr. Oliver asked if this was minimal communication and did not mean additional communication could not occur. Mr. Ward concurred. Motion was made by Mr. Newcomb and seconded by Mr. Smith to accept the Meeting Minutes of August 11, 2016, and with all in favor the motion was approved. 5. Consideration of Acceptance of the Audited Financial Statements for the fiscal year ended September 30, 2016. Mr. Ward stated the District had required the Board to have its books and records audited at the end of each fiscal year. He said Josh Weinberg would answer any questions they might have. Josh Weinberg, partner in charge of the audit, from the firm of Keefe Mc Cullough, was available for questions via telephone. ii. Mr. Weinberg briefly explained the audit and called for questions. Mr. Oliver inquired about who kept the account, and Mr. Ward responded that his office maintained the records. Mr. Zotter referred to Page 2 which read "We have requested certain representations from management that are included in the management representation letter dated December 14, 2016." He asked if the letter was in the package. Mr. Ward responded that is a letter that I provide to the auditor that represents certain matters as your Manager to the Auditor and the letter was provided to the auditor, and it was not included as part of the audited financials. Mr. Ward added he could send a copy to him, if desired, but it was a standard letter he sent for all audits. Mr. Zotter referred to Page 1 which read "...not for the purpose of expressing an opinion on the effectiveness of the entities internal 3IPage bI1 Wentworth Estates Community DeN,elopment District May 11, 2017 control; accordingly, we express no such opinion." He asked if someone could explain what that meant as he was confused that they were not giving an opinion. Mr. Weinberg said basically from the information received from Mr. Ward, everything was in compliance, and they did not find any material differences that had to be reported. Mr. Zotter then moved to Page 5, Capital Assets and Debt Administration, and asked about the $45 million which consisted of land, infrastructure, and improvements. Mr. Ward responded it was the infrastructure that was constructed by the District from the proceeds of its bond. Mr. Zotter asked if the bridge was the responsibility of Wentworth Estates. Mr. Ward responded the District was the owner of the bridge, and it was maintained by the Master HOA. Mr. Zotter asked if the source of funds for any repairs was through the Board of Wentworth Estates. Mr. Ward responded it was through the Master HOA. Mr. Ward added that the CDD pays for the insurance for the bridge, which was a significant amount of money. Mr. Zotter asked if this budget was paying the debt from the original infrastructure, and response was affirmative. Mr. Ward said the insurance policy covered damage to the bridge, but if the bridge needed capital replacement, then the CDD would replace it. The Master HOA covered the day-to-day maintenance. Mr. Zotter asked if the insurance covered liability also, and the response was affirmative. Mr. Zotter asked when Lennar turned over a property to the homeowner and it was sold and not part of Treviso Bay and that home needed repair, how could the trucks come over the bridge. Mr. Ward responded the District could not preclude any kind of traffic crossing that bridge by law. What the community does once you cross the bride would be determined by the residents, since the roads inside the community are private, but crossing the bridge would be permissible to anyone. Mr. Oliver asked if there had been any discussion of using Southwest Boulevard for any major vehicles after the turnover. Mr. 4 16 ! 1 Wentworth Estates Community Development District May 11, 2017 Ward stated he had not personally had any discussions with anybody as to what would happen during or after the turnover. Mr. Smith member added that there was a zoning provision that prevented it. Mr. Zotter referred to Page 23 under Risk Management which said "Coverage may not extend to all situations. Settled claims from these risks have not exceeded commercial insurance coverage over the past three years." He asked if there were examples of actual claims. Mr. Ward said there were no claims, but an example of one might be if someone ran into the bridge and decided to sue the District. Motion was made by Mr. Newcomb and seconded by Mr. Smith to accept the Audited Financial Statements for the Fiscal Year ended September 30, 2016, and with all in favor the motion was approved. 6. Consideration of Resolution 2017-2 Approving the Proposed Fiscal Year 2018 Budget and setting the Public Hearing on Thursday, August 10, 2017, at 9:00 AM at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East, Naples, Florida 34113. Board comment and consideration. Mr. Ward stated the approval of the budget did not bind the Board to any of the costs or programs contained in the budget, and it allowed them to move through the process so that by the time they get to the August 10th hearing, they would adopt the budget and set in place the assessment rates. Mr. Ward directed the Board to Page 5 of the Budget and the 2006 Bond issue, which showed the assessments that were levied on all properties in the District. He said what was paid each year had remained relatively constant. He noted that there were some partial prepayments, but presently residents may only prepay the whole amount. 5IPage Wentworth Estates Community Development District May 11, 2017 It was asked what the difference was between off roll and on roll. Mr. Ward responded that off roll meant properties that may be owned by Lennar and billed directly for off roll assessments. He said most of the properties in 2018 would be on roll. Mr. Oliver was asked why there was difference in cost between the two. Mr. Ward answered if an individual was on roll, he could take a 4% discount, if paid in November, and the fees we pay to the Property Appraiser and Tax Collector charge 3% to put it on the tax bill, if paid in November. A discussion ensued on this topic. Mr. Smith asked what the interest rate was on the Bond, and Mr. Ward responded 5.625%, and at some point once 98% of the property was sold, they would go through a refunding analysis to see what it would take to refund the bonds at a lower interest rate. It was asked why that was the case. Mr. Ward stated that the bond market that they work in, because of the downturn in the market a few years ago, there was too much concentration in one ownership. When that disperses, then there will be the opportunity to refinance. Before that, the bond issuers and insurers will not take the risk. Mr. Oliver asked what the percentage of sold homes was, but Mr. Ward did not know, he was waiting on the new rolls to come out.. Mr. Zotter said he thought they were close. It was pointed out that the current bonds would be paid for in 19 years. Mr. Ward added that the CDD stayed in place in perpetuity because of the assets it owned. Mr. Ward directed the Board to Pages 1 and 2 of the Budget and said that the numbers were exactly the same as the prior year. He said the payment for insurance was due each year in October, and there was never enough cash to pay for it, so he budgeted a negative Carry Forward. He said that would put some cash in the bank so by October of the following year, there would be enough to pay the insurance bill in October. 6 16i Wentworth Estates Community Development District May 11, 201' Mr. Oliver asked who the insurance carrier was, and Mr. Ward responded he was not sure. He stated the reason he could not pay the bill in October was a cash flow issue. The CDD did not receive any money until December, which made it difficult to pay this in October. He said they needed to build up the cash in order to make the insurance payment on October 1, and if they budget for it now, he would be able to pay it on time next year. Mr. Oliver suggested they adjust the policy dates to solve the problem. However, Mr. Ward said the insurance policy corresponded to their fiscal year of October 1 through September 30. Mr. Ward stated that for October of this year, the agent knew that he wouldn't be paid until December, but he had committed that by October of next year, they would have the cash to pay on October 1. A discussion ensued concerning the likelihood that a claim be made that would not be covered because the payment had not been made. Mr. Oliver pointed out that this would not happen unless they had received notice of cancellation. Mr. Ward stated that he thought the agent was paying it and then getting reimbursed by him. He was floating them for a couple months. Mr. Oliver suggested they ask for a 15 month policy to solve the problem, and Mr. Ward said he would ask about that. Mr. Oliver asked when the Budget was looked at again, would the number of homes be amended at the August 10t" meeting. Mr. Ward responded the way he wrote the resolution, he would not finish the rolls until the end of September. He said he adjusted that figure based on final ownership. He said the rolls were never perfect until well after September. Mr. Ward stated if there were no other questions, a motion would be in order. Motion was made by Mr. Newcomb and seconded by Mr. Oliver to adopt I Resolution 2017-2 as described above, and with all in favor the motion was approved. E 71Page 16I1 Wentworth Estates Community Development District May 11, 2017 Mr. Oliver asked what the assets of the CDD were. Mr. Ward said he would send him those records. Mr. Zotter suggested moving the public hearing to a better location like the Clubhouse and all agreed this would be done. Mr. Smith indicated that the Manager asked if should move this meeting to the clubhouse, and I indicated that we should have this meeting here, and we can discuss moving the meeting at this meeting. Their was a discussion of the location of the meeting, and the board discussed moving the location of the meeting, and the board decided to move the meeting to the Clubhouse. Mr. Ward asked for a motion to reconsider Resolution 2017-2. Motion was made by Mr. Smith and seconded by Mr. Newcomb to reconsider Resolution 2017-2, and with all in favor the motion was approved. Mr. Ward asked for a motion to adopt Resolution 2017-2, changing the meeting location to Treviso Bay Golf and Country Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Motion was made by Mr. Smith and seconded by Mr. Newcomb to adopt the reconsidered Resolution 2017-2 changing the meeting location to Treviso Bay Golf land Country Club, and with all in favor the motion was approved. 7. Consideration of Resolution 2017-3 Amending the FY 2017 Budget i. Board comment and consideration. Mr. Ward directed the Board to Page 1 of the document where he had amended the on roll and off roll numbers that corresponded to what the actual lot ownership was. He said he did not normally do this, but there was great disparity between these rolls and the rolls he received from the County. For audit purposes, he decided to do the amendment. 8jPage Wentworth Estates Community Development District May 11. 2017 16 % t A resident asked if the fiscal year could be changed to run with the calendar year to accommodate residents who return in October/November. Mr. Ward said the fiscal year was set by state law. 'Motion was made by Mr. Newcomb and seconded by Mr. Smith to adopt- Resolution 2017-3 as described above, and with all in favor the motion was approved. 8. Consideration of Setting Thursday August 10, 2017 at 9:00 AM at the Treviso Bay Golf and Country Club, 9800 Treviso Bay Boulevard, Naples, Florida 34112, as the Date, Time and Location for the Landowner's Election Board comment and consideration. Mr. Ward Stated that Seat 5, Mr. Smith's seat, was the final landowner's election seat within the District. It was a four year term. Mr. Ward said there was a 90 day requirement for advertising a landowner's election, so this would need to be set. He added the landowners who appeared at the meeting would be able to vote for an individual who met the requirements of being a citizen of the United States, a resident of the state of Florida, but he did not have to be residing within the District. Mr. Ward called for further discussion. Hearing none, he called for a motion. Motion was made by Mr. Newcomb and seconded by Mr. Oliver to set August 10, 2017, at 9:00 AM at the Treviso Bay Golf and Country Club for the landowner's election, and with all in favor the motion was approved. 7. Staff Reports i) District Attorney- No report. ii) District Engineer- No report. iii) District Manager 9 b13. Wentworth Estates Community Development District May 11, 2017 a. Report on the Number of Registered Voters. Mr. Ward reported there were 515 registered voters. b. Financial Statements as of March 31, 2017. 8. Audience Comments and Supervisor's Requests Mr. Zotter asked if there were reserves for future assets. Mr. Ward said the two assets one is a storm water system. He said these would not require repairs for 30-40 years. He added they did not do reserves for those assets. The second asset, is the bridge, and there are no reserves either for the bridge Mr. Zotter said he wished to educate himself on exactly what was involved with the storm water reserves. A discussion of this topic ensued. It was suggested this information could best be gotten from the District Engineer. It was asked if the CDD was responsible for the water area surrounding the peninsula, and the answer was probably the CDD. However, it was pointed out the CDD enters into agreements with the Master HOA to do maintenance on the lakes. He said the CDD did not provide maintenance at all. Mr. Ward stated there was an agreement which contemplated that the HOA would maintain management for the district and maintain the bridge. He said the only issue not contemplated under the agreement was if the bridge had to be rebuilt. A question was brought up concerning maintaining the golf course and its lakes, and it was stated the golf association paid for maintaining all of it. Discussion of the Exhibit that would show the assets of the CDD ensued. Mr. Ward stated it would be a good idea to get started on this. Mr. Zotter asked if the CDD could have any influence on changing the left and right turn lanes into the development. The response was they had no influence at all. Mr. Ward said the HOA could request changes to road lanes or the individual homeowner could do so. A traffic light possibility was brought up, but it was said the count needed to get a traffic light was not even close. The road was owned by the County or the state, and they were reluctant to put in traffic signals because they have found that they seem to create traffic issues that cause accidents. It was commented that this information should be shared with the residents at the upcoming meeting. l0IPage to 14 Wentworth Estates Community Development District May 11. 2017 9. Adjournment Motion was made by Mr. Oliver and seconded by Mr. Smith to adjourn the, meeting, and with all in favor the motion was approved. The meeting was adjourned at 10:30 AM. JameP. Ward, SecretaryJo h Newcomb, Chairman airman 11 Magc 16II • ? apLrE1 A Ott ?rWE NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# WENTWORTH ESTATES CCD 1309738 NOTICE OF ANNUAL MEE Pub Dates October 13,2016 2.Y‘ (Sign ure of affiant) �`�ytr.►4;� Sworn to and subscribed before me I " I NNE I This October ,2016 4 Notary Public-State of Florida 4191A 1 Commission #r FF 900870 c M Comm. Expires Jul 16,2019 ;� I 'fei..: �,. Banded through National Notary Assn. D' ) I (Signatur of affiant) ' Naples Daily News Thursday,October 13,2016 130 /\ Tax Deed Application Tax Deed Application Tax Deed Application Tax Deed Application Tax Deed Application .LI.LCertifiDescricate Number:14-5025 September,2016. redeemed a the ccording to law, September,2016. CONDOPropertame in h [FAMILY UNT�UIANA 2, CLES RGHT E.K OF THE CCK the IRCUIT COURT Collier County bidder atsold NARPON IVhLLCassessed: CLERK DWIGHT OF THE CIRCUIT COURT 1 Notice said property being in Collier BY:/s/Donna Rutherford Building 7th Floor, Room Unless the property described BY✓s/Donna Rutherford 13-123-DP-GNG County,Florida. Deputy Clerk 711 at 1:00 P.M.on Monday, in said certificate shall be Deputy Clerk IN THE CIRCUIT COURT OF Donna Rutherford November 7,2016. redeemed according to law, Donna Rutherford Name in which assessed: y will be THE TWENTIETH JUDICIAL NOHAM KILINSKY (Seal) 22,29 and October Dated this 7th dayof the property bidder atldthe to September 22.29 and October CIRCUIT IN AND FOR COLLIER pp COUNTY,FLORIDA JUVENILE property 6 13,2016 No.1267273 September,2016. Collier lth Aloorishoom 6✓�13,2016 No.126733E DIVISION nnlsaid hcrtificat described be NOTICE OF APPLICATION FOR Budding lth Floor, ROOM CASE NO.:13-123-DP-GHG TAX DEED DWIGHT E.BROCK 711 at 1:00 P.M.on Monday. edeemed according to law, CLERK OF THE CIRCUIT COURT November 7,2016. IN THE INTEREST OF: the property will be sold to NOTICE IS HEREBY GIVEN BY:/s/Donna Rutherford �x Real Estate the highest bidder at the that FRANK 1&MARLENE 1 Deputy Cle k Dated this 7th day of TOWNSEND-CHENEY, Collier County Administration Donna Rutherford TIINC'6D0 Lacelike..lia0 CHRISTOPHER. DOB: CELSNAK TR UDT holder of P CHRIST Building 7th Floor, Room the followingtax certificate 6.1) TO-23-08 -CHENEY,NOAH, 711 at I:00 P.M.on Monday, has filed said certificate far September 22,29 and October O Buy&Sell fast. November 7,2016. 6&13,2016 No.1267321 Na loealfieds DOB:11.08-09 tax deed to be issued thereon. Ales Dolly News Laalfied5 BRISCALL,JUSTOCE Dated this 7th day of Certificate number, year NOTICE OF APPLICATION FOR D0B:03.13-12 September.2016. of Issuance, description of TAX DEED N;,ncr Notice CHILDREN property and name in which DWIGHT E.BROCK assessed is as follows: NOTICE IS HEREBY GIVEN that NOTICE OF SUMMONS FOR TERMINATION CLERK OF THE CIRCUIT COURT DAVID KEYSER holder of the REGULAR BOARD OF SUPERVISORS MEETING FOR THE OF PARENTAL RIGHTS BY✓s/Donna Rutherford Certificate Number:10.008 following tax certificate has ADVISORY HEARING— Deputy Clerk Property ID#:002131180008 filed said certificate for tax t(EY MARCO COMMUNITY DEVELOPMENT DISTRICT TO:Gerald BnscaR,Address Donna Rutherford Description:29 48 27 5 184F7 deed to be issued thereon. Unknown (Seal) OF W 230FT OF 5 315FT OF Certificate number, year Vou are herebyy September 22,29 and October N1/2 OF SWI/4 OF SEI/4 OF of issuance, description of Thursday,October 20,2016 titled that an INVOLUNTARI' 6&13,2016 No.1267260 NE1/4,LESS W 30FT R/W.97 property,and name in which 8:30 A.M. PETITION under oath,a copy AC,said property being in assessed is as follows: of which is attached, has Collier County,Florida. Notice is hereby been filed in the above-styled NOTICE OF APPLICATION FOR Certificate Number:11-4749 given that the will Marc Community Court for the TERMINATION OF TAX DEED Name in which assessed: Property lD#:40687400009 Development District Supervisors 6or6 II meet on Thursd-Y PARENTAL RIGHTS of the child. CAROLINA A FLOEGEL EST UNIT GOLDEN GATE Ober 20 016 at •30 AM at th M l CTT tli Justin Miscall. NOTICE IS HEREBY GIVEN EST UNIT 77 W 180E7 OF TR 93 'oar.To Superviorswii d•r12eguarmeting to con.'- e You are commanded that IERRY L OR PATRICIA Unless the property described 0R 167E PG 956,said property, Boar�o Supervisors wi o•its regu ar meeting to ercond act the toapppearbeforetheNonorable WALRATH holder of the m said certificate shall be belnp in Collier Count, business of the Key Marco Community Development District,at aoffrey g followin g d Y the above stated bme and date. G N.a;nt a,lad a of 9 tax certificate has etleemed attordin to law. Flori a. the Circuit Court,on the 17th filed said certificate for tax the property will be sold to Any person who decides to appeal a decision of this Board day of November,2016,at 11:00 deed to be issued thereon. the highest bidder at the Name in which assessed: win need a record of the proceedings pertaining thereto,and a.m.in Courtroom"4A"of the Certificate number, year Collier County Administration TARPON IV LLC therefore mayneed to ensure that a verbatim record of the Collier County Government of issuance, description of Building 7th Floor, Room CenterNaples., 1 EEast Tamiami property,and name in which 711 at 1:00 P.M.on Monday, Unless the property described eviden a upon whiroceedings is ch the appeal i which s to be based.includes e testimony and assessed is as follows: November 7.2016. in said certificate shall be Service must be effected prior Certificate Number.14-605 Dated this 7th dayof redeemed according to law, Any person requiring special accommodations at this meeting to 72 hours prior to the stated Property property will be sold to because of a disability or physical impairment should contact hearing date as per F55 39.502 perty ID#:00745280004 September,2016. the highest bidder at the the District Office at(239)592.9115 at least five calendar days CO and FIa.R.Juv.P.8.225(1), Description:31 51 26 N 100FT Collier County administration prior t0 the meeting. 8.5i0(a)(1). OF S 1300FT OF GOVT LOT DWIGHT E.BROCK Building 7th Floor, Room FAILURE TO 11 ANY PART GOV LOT 2 CLERK OF THE CIRCUIT COURT 711 at 1:00 P.M.on Monday, KEY MARCO COMMUNITY DEVELOPMENT DISTRICT PERSONALLY APPEAR AT OF SEC 36 51 25 LYING WITH BY:/s/Donna Rutherford November 7.2016. COLLIER COUNTY,FLORIDA THIS ADVISORY HEARING WLY PROLONGATIONS OF N Deputy Clerk CONSTITUTES CONSENT s 5 LINES OF N 100FT OF S Donna Rutherford Dated this 7th day of TO THE TERMINATION OF 1300FT OF GOVT LOT 11 SEC (Seal) September.2016. PARENTAL RIGHTS OF THIS 3151263.01 AC 0R 493 PG 388, September 22.29 and OCtober CHILD(THESE CHILDREN). IF said property being in Collier 6✓c 13,2016 NO.1267303 DWIGHT E.BROCK W.NEIL DORRILL,MANAGER/SECRETARY YOU FAIL TO APPEAR ON THE County,Florida. CLERK OF THE CIRCUIT COURT October 13,2016 N0.1299500 NOTICE OF APPLICATIONL FOR DATE AND TIS LEIED, TAX DEED Deputy Cnna Rutherford Other Public Notices Other Public Notices YOU MAY LOSE ALL LEGAL Name in Which assessed: Deputy Clerk RIGHTS AS A PARENT TO THE LINDA ROLAND KEYTON NOTICE IS HEREBY GIVEN that Donna Rutherford CHILD OR CHILDREN NAMED TRUSTEE GOLDEN BEACH INVESTMENTS September NOTICE OF ANNUAL MEETINGS IN THE PETITION ATTACHED MARTHA MAE ROLAND LLC holder Of the following September 22,29 and October WENTWORTN ESTATES COMMUNITY DEVELOPMENT DISTRICT TO THIS NOTICE. (Florida TRUSTEE tax certificate has filed said 6&13.2016 No.1267338 The Fiscal Year 20t7 Regular Meetings of the Board of Supervisors Statutes Section 39.801(3) Unless the property described certificate for tax deed to be NOTICE OF APPLICATION FOR of the Wentworth Estates Community Development District will (a). PURSUANT TO SECTIONS U said certificate shall be issued thereon. Certificate TAX DEED be held on the second Thursda of each month at 9:00 A.M.,at 39.802(4)(d)AND 63.082(6) Y to)FLORIDA STATUTES,YOU redeemed according to law, number, year of issuance, the Treviso Bay Sales Trailer,bated at n Il Tamiami Trail East, ARE HEREBY INFORMED the property will be sold to description of property,and NOTICE IS HEREBY GIVEN that Naples,Florida 34113,on the dates shown below: OF THE AVAILABILITY OF the highest bidder at the name in which assessed is as DAVID KEYSER holder of the PRIVATE PLACEMENT WITH Collier County Administration fifollows: following tax certificatecertificate has December 8, 2016 AN ADOPTION ENTITY AS Building 7th Floor, Room deedied said issuedter tax DecemberFebruary 9, 0076 March 91017 711 at 1:00 P.M.on Monday, Certificate Number:sons 9.7559 isto be mb thereon.ea pril13,0,7017 March. 0177 DEFINED ORI S ATUT0.63.Or32(3), November 7,2016. Property ln: LL11T0000 o issuance,canc number, year June 6, 2017 May 13.2017 FLORIDA STATUTES. Description:HOLLY TERRACE of description of 2017 If you are a person Dated this 7th day LOT 39,said property being in property,and name In which August 10,2017 Septly ember 14,2017 with a disability who needs y of I U Y p any accommodation in order to September,2016. Collier County,FOri assessed is as follows: participate in this proceeding, DWIGHT E.BROCK Name in which assessed: Certificate Number:11-4408 The meetings are open to the public and will be conducted in you are entitled,at no cost to DAGOBERTO & MARIA S Property ID#:3983140000E accordance with the provisions of Florida Law for Community you,to the provision of certain CLERK OF THE CIRCUIT COURT SALDANA Description: GOLDEN GATE Development Districts. Aco of thea agenda for the meeting Lance. Please contact BY:/s/Donna Rutherfordoffice 9 g the Administrative Services Deputy Clerk EST UNIT 63 W 180FT OF TR 18, may be obtained from the of the District Manager,JPWard Manager whose office is Donna Rutherford Unless the property described said property being in Collier &Associates.LLC,2U61 N.E.6th Terrace,Wilton Manors,Florida located at 3315 Tamiami Trail (Seal) m said certificate shall be County,Florida. 33305,at least seven iti in advance of the meeting•by phoning East,Naples,Florida 34112, Se tember 22.29,and October (954)658-0900.In addition,the agenda's will be available on the and whose telephone number 6&13,2016 No.1267330 Notice Of Salc Notice Of Sala District's web site at www.wentworthestatescdd.org. Is(239)252-8800,within two �1IIlR'S�piJvewIPIIC� Notice of Sheriffs Sale Any meeting may be cancelled or continued to a date,time and Orkin)hays en your receipt FF�w''�r location spemhed on the record at the meeting.Of this document;if you are '',te NOTICE 15 HEREBY GIVEN that pursuant to an Execution issued hearing r voice impaired,call WifilikkIKKAN) in the Circuit Court of Collier County.Florida,on the 19th day of In accordance with the provisions of the Americans with 1-800-55-8T71. February,2016,in the cause wherein REGIONS BANK,plaintiff(s) Disabilities Act,any person requiring special accommodations PLEASE BE NOTICE a7A TIOWRTA and GALTERIUS A.GRAJO,defendant(s), case no.11-2013-CA- or an interpreter to participate at these meetings should contact GOVERNED ACCORDINGLY TAXX DEW Count 001216,in said court;I.Kevin 1.Rambosk,as Sheriff of Collier the District Manger at(954)gs. y00,at least five(5)days Witness my hand County.Florida,have levied upon all the right,title and interest prior to the date of the meetings.If you are hearing or speech and Official Seal as Clerk of the NOTICE IS HEREBY GIVEN of the defendant(s).GALTERIUS A.GRAJO,in and to the following impaired,please contact the Florida Relay Service at 1-800-955. Collier County Circuit Court that MARLENE J&FRANK 1 described PERSONAL property to-wit: 8770.for assistance in contacting the District Office. this 23 day of September,2016. CELSNAK TR UDT holder of Dwight Brock,Clerk the following tax certificate Gold 2005 Mercedes•eenz SLK350-Convertible YIN Number. If any person decides to appeal any decision made with respect of Circuit Court has filed said certificate for WDBWK56F75F054251 Tag Number 974 RPD to any matter considered at these board meetings,such person Collier County,Florida(SEAL) tax deed to be issued thereon. ill need a record of the proceedings and such person may need By:/s/S.Fiend Certificate number, year And on the 3rd day of November,2016,at the Collier County toensure that a verbatim record of the proceedings is made at September 29.and October 6, of issuance, description of Sheriff's Office,3319 Tamiami Trail East,Naples,FL 34112 at their own expense and which record includes the testimony and 13&20,2016 No.1289109 property,and name in which the hour of 10:00 a.m.,or shorty thereafter,I will offer for sale evidence on which the appeal is based. assessed is as follows: all of the aforesaid foresdefendant(s),property at iUS A.GRAJJO,right,title,and ALL EVENTPARTY RENTAL insubject in toall prior liens,encumbrances andjudgments,)if any la P Ward,�Wtnct CommunityDevelopment District NOTICE OF INTENT Certificate Number:I1-4489 d r TO REGISTER FICTITIOUS Property ID#:39961720005 theto highest and best bidder for CASH IN HAND.The proceeds October 1 2016 No.1309738 NAME EST UNITDescription: 6 W GOLDEN 75F GATE E to be applied as far as may be to the payment of costs and the NOTICE OF ACTION 180F7 OF TR 95 OR 439 PG satisfaction Ban Eagle abong described execution.Ave,Naples,FL be Notice 753 UNREC DOC ATTD CARD, Seen at Bald Eagle Towing 3880 Enterprise Ae.Naples,FL 34IO4. Notice Under Fictitious Name said property being in Collier Kevin J.Rambosk,as Sheriff NOTICE OF INTENT TO CONSIDER ORDINANCE Law Pursuant t0 Section County,Florida. Collier County Florida Notice is hereby given that on Tuesday.October 25.2016,in the 865.09, Florida Statutes Name in which by:/s/April Ide,Deputy Sheriff Boardroom,Thud Floor,Adminis ration ui ing, o ler County NOTICE IS HEREBY GIVEN that ESTATEmeiOF Ross assessed: I Government Center,3299 East Tamiami Trail,Naples.Florida,the the undersigned,TLMES Corp. Dates Advertised:Sept.29th,Oct 6,13,20,2016 Board of County Commissioners,will consider the enactment of desiring to engage in business STEWART a County Ordinance. The meeting will commence at 9:00 A.M. under the fictitious name of KATHRYN GLORIA BERKE In accordance with the American with Disabilities Act,persons The title of the proposed Ordinance is as follows: All Event Party Rental,located ESTATE needing a special accommodation to participate in this at 3765 Montreuz,#104 in the proceeding should contact Becky Adams,Judicial Process County Of Collier,in Naples, Unless the property described Manager,whose office is located at Collier County Sheriff's AN ORDINANCE OF THE BOARD OF COUNTY Florida 34114, intends to in said certificate shall be Office.3319 Tamiami Trail E,Naples,FL 34112,telephone;239- COMMISSIONERS OF COLLIER COUNTY, FLORIDA, register the said name with redeemed according to law. 252-0880,at least seven days yriot to the proceeding'If hearing AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE the Division Of Corporations the property Will be sold t0 impaired.(TDD)1-800-955-8771,or Voice(V)1-800-95S-8770,via OF LAWS AND ORDINANCES(BEING THE COLLIER COUNTY of the Florida Department of the highest bidder at the Florida Relay Service. CONSOLIDATED IMPACT FEE ORDINANCE,NO.2001-13, State, Tallahassee, Florida. Collier County Administration No.1280566 AS AMENDED)PROVIDING FOR AN AMENDMENT TO Dated at Naples, Florida, Building 7th Floor, Room SECTION 74.401 TO ALLOW IMPACT FEE DEFERRALS FOR October 7,2016. 711 at 1:00 P.M.on Monday, ALL OWNER-OCCUPIED DWELLING UNITS TO INCLUDE ALL EVENT PARTY RENTAL November 7,2016. Other Public Notices �� SUBORDINATION TO THE OWNER'S FIRST MORTGAGE; October 12.2016 No.1309189 this lth dayof PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND Dated Dated his016. NOTICE OF ORGANIZATIONAL MEETING OF THE BOARD OF ORDINANCES; AND PROVIDING FOR CONFLICT AND NAPLES ELITE MASSAGE SUPERVISORS OF THE FRONTERRA COMMUNITY DEVELOPMENT SEVERABILITY. NOTICE OF INTENT DWIGHT E.BROCK DISTRICT TO REGISTER FICTITIOUS CLERK OF CIRCUIT COURT A Copy of the proposed Ordinance is on file with the Clerk to the NAME CLERK OF THEH CIRCUIT The Board of Supervisors(the"Board"),of the Fronterra Board and is available for inspection.All interested parties are Deputy Clerk Community Development District will hold its organizational invited to attend and be heard. NOTICE OF ACTION meeting on Thursday,October 20,2016,at 1:30 p.m.,at the Donna Rutherford Barron Collier Companies offices located at 2600 Golden Gate All Notice Under Fictitious Name enda item must (Seal) Pkwy.,Naples,Florida 34105. The purpose Of the meeting is register with rthe COunty administrratOr o�eak on arrilnooyr�to presentation of Law Pursuant to Section September 22,29 and October to consider the appointment of staff including.but not limitd the agenda item to be addressed. Individual speakers will be 865.09, Florida Statutes 6&13.2016 No.1267283 to,manager,attorney,and others as deemed appropriate limited to 3 minutes on any item.The selection of an individual NOTICE IS HEREBY GIVEN NOTICE OF APPLICATION FOR by the Board;t0 consider the services to be provided by the to speak on behalf of an organization or group is encouraged. that the undersigned, Pam TAX DEED District and the financing plan for same;to consider certain If recognized by the Chairman,a spokesperson for a group or Nichols.desiring to engage documents related to the issuance of special assessment bonds; organization may be allotted 10 minutes to speak on an item. fn business under the NOTICE IS HEREBY GIVEN that and.to conduct any other business that may come before the ictitious name of Naples R&M TAX LIENS,LLC holder Board.A copy of the agenda may be obtained from Real Estate Persons wishing to have written or graphic materials included in Elite Massage.located at 3811 of the following tax certificate Econometrics,Inc.,Suite 100,707 Orchid Drive.Naples,Florida the Board agenda packets must submit said material a minimum Airport Pulling Rd.N.#201, has filed said certificate for 34102. of 3 weeks prior to the respective public hearing.In any case. in the County of Collier,in tax deed to be issued thereon. written materials intended to be considered by the Board shall Naples,Florida 34105,intends Certificate number, year The meeting is open to the public and will be conducted be submitted to the appropriate County staff a minimum of to register the said name with of issuance, description of in accordance with the provisions of Florida law. The meeting seven days prior to the public hearing. All material used in the Division of Corporations property,and name in which may be continued to a date.time,and place to be specified presentations before the Board will become a permanent part of the Florida Department of assessed is as follows: on the record at meeting. There may be occasions when of the record. State, Tallahassee, Florida. Board Supervisors or District Staff will participate by speaker Dated at Naples, Florida, Certificate Number:09-7063 telephone. Any person who decides to appeal a decision of the Board September 27.2016. Property ID#:41615080001 will need a record of the proceedings pertaining thereto and NAPLES ELITE MASSAGE Description: GOLDEN GATE Any person requiring special accommodations at this therefore,may need to ensure that a verbatim record of the October 13,2016 No.1297803 EST UNIT 92 E'SOFT OF TR 65 meeting because of a disability or physical impairment should proceedings is made,which record includes the testimony and OR 1357 PG 2241.said property contact the District Office at(239)269-1341 at least forty-eight evidence upon which the appeal is based. being in Collier County. (48)hours prior to the meeting If you are hearing or speech Tax Deed Application Florida. impaired,please contact the Florida Relay Service by dialing If you are apersonwith adisability who needsany accommodation 7-1-1.or 1.800-955-8771(TTY)/1-800.955.8770(Voice),for aid in in order to participate in this proceeding,you are entitled,at n0 NOTICE OF APPLICATION FOR Name in which assessed: contacting the District Office. cost to you.to the provision of certain assistance.Please contact TAX DEED JUAN M GONZALEZ the Collier County Facilities Management Division.located at A person who decides to appeal any decision made 3335 Tamiami Trail East,Suite#101,Building W,Naples,Florida NOTICE IS HEREBY GIVEN that Unless the property described by the Board with respect to any matter considered at the 34112,(239)252-8380.Assisted listening devices for the hearing US BANK AS OUST FOR A101007 in said certificate shall be long is advised that this same person will need a record impaired are available in the County Commissioners'Office. holder of the following tax redeemed according to law, of the proceedings and that accordingly.the person may need certificate has filed said the property will be sold to to ensure that a verbatim record of the proceedings is made, BOARD OF COUNTY COMMISSIONERS certificate for tax deed to be the highest bidder at the including the testimony and evidence upon which the appeal is COLLIER COUNTY,FLORIDA issued thereon. Certificate Collier County Administration to be based. DONNA FIALA,CHAIRMAN dumber, year of issuance. Building 7th Floor, Room escription of property,and 711 at 1:00 P.M.on Monday, DWIGHT E.BROCK,CLERK narne in which assessed is as November 7,2016. By:Martha Vergara,Deputy Clerk follows: 6isfilOTManayer--- (SEAL) -, _ Dated this 7th day of October 13.2016 No.1309052 October 13.2016 No.1305246 1611 OATH OR AFFIRMATION OF OFFICE ryes � 1, v I IvP a citizen of the State of Florida and of the United States of America, and being an officer of the Wentworth Estates Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Wentworth Estates Community Development District, Collier County, Florida. 4 6:L signature Printed Name: ✓"f . el 1 v E'f STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this // day of `�,4,/ , 2017, by c-5 , whose signature appears hereinabove, who is personally known to me or who produced as identification. � � / / / NOTAR UBLIC STAT OF FLORIDA Print Name: My Com JAMES P.WARD Commission#FF 966306 Expires March 1,2020 bonged TNu Troy Fain Insurance 800-3E5.7015 J , 1b % 111" MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Wentworth Estates Community Development District's Board of Supervisors was held on Thursday, August 10, 2017, at 9:00 a.m., at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum were: The Board re-organized during the meeting pursuant to Resolution 2017-7, the officer positions noted below are the updated officer's) Joseph Newcomb Chairman James Oliver Vice Chairman Russell Smith Assistant Secretary Paul Zotter Assistant Secretary Board members absent: David Negip Assistant Secretary Also present were: James Ward District Manager Charles Thompson District Attorney Audience present were: J.W. Howard Morgan Stanley 1. Call to Order & Roll Call Mr. Ward called the meeting to order at 9:00 a.m., and roll call determined that all members of the Board were present with the exception of Supervisor Negip who is absent at roll call. 1 ' Page 176 � � : Wentworth Estates Community Development District August 10, 20 2. Consideration of Minutes: May 11, 2017 Mr. Ward stated copies of the minutes had been previously distributed and asked if there were any additions, corrections or deletions. Mr. Oliver commented often statements made by the Board did not include specific names of the individuals speaking. Mr. Ward said the minutes could be approved subject to that change. Motion was made by Mr. Oliver and seconded by Mr. Zotter to approve the 1 minutes with the correction described above, and with all in favor, the motion was approved. - — 3. Public Hearings a. Fiscal Year 2018 Budget Mr. Ward asked for a motion to open the Public Hearing. Motion was made by Mr. Smith and seconded by Mr. Oliver to open the Public Hearing, and with all in favor, the motion was approved. Mr. Ward Stated there were no residents present at the meeting, and he had not received any written comment with respect to the Public Hearing. He asked for a motion to close the Public Hearing. Motion was made by Mr. Oliver and seconded by Mr. Smith to close the Public Hearing, and with all in favor, the motion was approved. Mr. Ward asked the Board if there were any questions. He said the Budget had not changed. There were no comments or questions from the Board Mr. Ward asked the Board to consider Resolution 2017-4 to adopt the Annual Appropriation and Budget for Fiscal Year 2018. He said he had provided a corrected resolution with the only change being in the appropriation section, which now matched the numbers in the Budget. The Board discussed underlying contracts that the CDD had outside of the bond issue. Mr. Ward advised the Board that there were contracts with his firm, the 2IPage Wentworth Estates Community Development District August 10, 20176 ' audit firm, a legal contract, an engineering contract, the trustee which was US Bank, who administered services with respect to the bond issue, and insurance, which was a big item because the CDD owned the bridge which came into the community. Mr. Oliver asked if we could get a copy of the contracts. Mr. Ward replied in the affirmative. Motion was made by Mr. Zotter and seconded by Mr. Oliver to adopt Resolution 2017-4 as described above, and with all in favor, the motion was approved. b. Fiscal Year 2018 Imposing Special Assessments; Adopting an Assessment Roll, Approving the General Fund Special Assessment Methodology Mr. Ward called for a motion to open the Public Hearing. Motion was made by Mr. Smith and seconded by Mr. Oliver to open the Public lHearing, and with all in favor, the motion was approved. Mr. Ward stated there were no residents present at the meeting, and he had not received any written comment with respect to the Public Hearing. He asked for a motion to close the Public Hearing. Motion was made by Mr. Smith and seconded by Mr. Oliver to close the Public Hearing, and with all in favor, the motion was approved. Mr. Ward asked the Board to adopt Resolution 2017-5 which imposed the special assessments, certified the assessment roll, and approved the General Fund assessment methodology. He said all the resolution did was levy the assessments for the General fund for the District for Fiscal Year 2018. He said the Debt Service Fund Assessments were the assessments associated with the bonds or those previously levied, so these will stay in place since the initiation of the bonds through the term of the bonds. The methodology used to levy the assessments for the general fund was equal across the board for all properties within the District, $162.47 per unit per year. He added the Debt Service Fund assessments were different based upon the size and type of property owned. 31 a ,: . Wentworth Estates Community Development District August 10, 2017 16 I 1 Mr. Oliver asked if the amounts had been fairly consistent over the last five years, and Mr. Ward responded affirmatively. Mr. Oliver said when we use the word "special assessment", it's kind of a minomer, since it's a reccuring annual assessment. Mr. Ward said that this was a recurring annual assessment, and under the statute, it was defined as a special assessment. Mr. Oliver pointed out it could be confusing as someone might think it was referring to a one-time assessment, like for fixing a bridge or something like that, but that's not what we are doing. Mr. Ward concurred, that is not what we are doing, this is a recurring assessment. Mr. Ward asked for a motion to adopt Resolution 2017-5. Motion was made by Mr. Smith and seconded by Mr. Zotter to adopt Resolution 2017-5 as described above, and with all in favor, the motion was approved. 4. Consideration of Resolution 2017-6 Designating Dates, Time and Location for Regular Meetings of the Board of Supervisors for Fiscal Year 2018 Mr. Ward said Resolution 2017-6 set in place Board meeting dates, time and location. He said the statute permitted the Board to adopt a resolution that did this periodically. He said this permitted him to advertise the meetings in advance for the whole year. He said meetings would be the second Thursday of each month at 9 a.m. at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113, and the statute required seven days' notice. He added they would not be meeting every month, other than for discussion of the refinancing of the CDD bonds. Mr. Zotter asked about the possibility of establishing regular meeting dates, so that it would not be misleading the community. Mr. Ward stated yes, what the Board preferred, and it could be quarterly. He said if there was no reason to have a meeting, then there should not be one. Mr. Zotter said as people become more aware of the meetings, they would begin to attend. Mr. Newcomb said he agreed with Mr. Zotter, and explained he had businesses in the Cincinnati area and was not always available on a monthly basis. He said he would be in 41 Wentworth Estates Community Development District August 10, 2017 16 favor of a meeting schedule of four times a year, so he could make a conscious effort to keep the dates available. Mr. Oliver asked if the Budget adoption always occurred in August, due to our Fiscal Year. Mr. Ward responded the fiscal year started on October 1, and the statute required the budget be adopted before September 15. He said there were two budget meetings he was required to prepare and present before June 15, and the Board was required to adopt the budget before September 15. He said there had to be a 60 day period in between when budget process began and the budget was adopted. Mr. Zotter said he would suggest they have the two meetings for the budget process and another two meetings for a total of four a year, especially as they transition from Lennar being uninvolved. He said they had the option to add on if necessary. Mr. Newcomb suggested they schedule one meeting during prime season when most people were there. The Board discussed proposed meeting dates. Mr. Ward suggested meetings in October, November, February, May, and August. He said the Resolution would be the second Thursday of each month at 9 a.m. in October, November, February, May, and August, at the same time and location. Motion was made by Mr. Oliver and seconded by Mr. Zotter to adopt Resolution 2017-6 as described above, and with all in favor, the motion was approved. 5. Consideration of Resolution 2017-7 Re-designating the Officers of the District Mr. Ward stated this resolution re-designates the officer's of the District. Essentially, since Mr. Oliver and Mr. Zotter were not officers of the District itself, it would be appropriate for the Board to re-organize itself at this point. The Board must be composed of a Chairman and Vice Chairman. He said he sat as the secretary and treasurer because those were administrative positions within the District. He said the balance of the Board who were not the Chairman and Vice Chairman became assistant secretaries, who would attest to the signatures 5jPage Wentworth Estates Community Development District August 10, 201 7b 114' of the Chairman and Vice Chairman. He said currently Mr. Smith was the Chairman and Mr. Negip was the Vice Chairman. Mr. Ward stated that these positions could be designated as the Board wished. The Board discussed these positions, and it was decided that Mr. Newcomb would be Chairman and Mr. Oliver would be Vice Chairman with Mr. Zotter, Mr. Smith, and Mr. Negip as Assistant Secretaries. Motion was made by Mr. Smith and seconded by Mr. Oliver to adopt Resolution 2017-7 as amended above, and with all in favor, the motion was approved. 6. Staff Reports i) District Attorney— No report. ii) District Engineer— No report. iii) District Manager— No Report. 7. Audience Comments and Supervisor's Requests Mr. Ward said Mr. Oliver requested to add to the agenda a discussion of the refinancing of the Series 2006 A Bonds. Mr. Ward explained the bonds had been issued in 2006 for the total amount of approximately $60 million. He said of that amount, currently there was roughly $26 million of outstanding bonds currently. He said the original developer went into bankruptcy, and Lennar took the District out of the bankruptcy and paid off all of the B bonds outstanding, which was approximately $26 million. They also paid down roughly $7.5 million of A Bonds. Mr. Ward continued that the first option to refinance happens ten years after the issuance. He said the bonds can now be refinanced at par. He said the second hurdle which needed to be considered was the concentration or how much of the land was still owned by the primary developer and how much was now in end-user hands. He said as of now about 20% of the outstanding debt was on property that was still in the ownership of Lennar. Wentworth Estates Community Development District August 10, 2017 16I 1 Mr. Oliver asked if that was important due to a rating on the bonds. Mr. Ward stated yes, and further that we may be able to refinance the bonds at this point in time in a senior subordinate position, which meant they would be able to get a B+ or A- rating on the portion of the bonds where there were homeowners. He said the subordinate bonds would be the piece of the bonds that was on property owned by Lennar. He said they would still pay the same rates, but the bond issue itself would have the senior, subordinate structure. Mr. Ward said the other big consideration in the refinancing was the reserve account, an amount of money which was originally intended to cover maximum annual debt service. He said because of the bonds going into a default position in 2008, the reserve account was depleted to $200,000, and to start there was $2.2 million. The reserve account was usually used to pay the cost of issuance of the bonds, which included underwriter's fees, legal, engineering, trustee, underwriter's counsel, etc., which was somewhere close to $800,000. He said what that meant in a refinancing was the assumption would be that with a rating, they would be able to get a surety for a portion of the reserve account itself. He said they would not be able to get a surety for the subordinate piece of the bonds; the bonds that would be essentially on land owned by Lennar. He said they would have some cash reserve about $50,000 that would end up in a reserve account. The balance hopefully they would be able to get a surety. Mr. Oliver asked what the threshold would be for the District to be able to re-finance with that rating. Mr. Ward stated that Lennar would have to be totally out of the community. Mr. Ward whet on to state, what this meant was the par amount of debt on the District would go up, and that meant the par debt on each lot would go up. This triggers a mechanism under the statute, and they would have to do a Public Hearing and notice the entire community that the par debt on their lot would go up, but their annual assessment would go down. Mr. Ward said his initial review of the bond issue, if they could do the senior subordinate bonds, was they would probably achieve roughly a 10% annual debt service savings per unit. In essence, whatever was paid on an annual basis would go down 10%, but the par debt on the lot would go up. 7 � ` Wentworth Estates Community Development District August 10, 2017 1t 1141 Mr. Oliver stated that we could also take a shorter term on the bonds which would keep the rates flat. Mr. Ward stated that was also possible. It would be difficult to articulate that point, in a public hearing. The Board discussed the possibility of paying off the debt in a shorter term. If the rates were kept flat, the debt could be paid in a shorter term. At the present time, the debt is for 23 years, and perhaps instead of taking a reduction in the service amount, that amount could be used to apply towards the principal to reduce the number of years in the term. Mr. Ward responded that in a Public Hearing process, that was not a popular option. He explained the par debt was going up, and the annual amount going down happened because there was no reserve account in this bond issue. The cost of issuance was $750,000 and had to be paid by issuing more debt, which caused the par debt on the lot to go up. Mr. Smith stated the amount it would go up was not huge, maybe $500 per resident. Mr. Oliver asked if Lennar would have any objection to the re-financing. Mr. Smith responded, no, Lennar would not, as long as the assessment does not go up. Mr. Ward said a large number of people would attend the public hearing. Mr. Oliver asked if resident's vote on this. Mr. Ward responded they would not vote; it would be the Board's decision. Mr. Ward also stated this was an opportune time to consider refinancing. He provided the important documents to the Board. He said he would like to begin a review with the Board, to see exactly how much the par debt would go up, what the present value of savings would be, and what the structure would look like on a bond issue of this size. Mr. Oliver asked what the timing would be from beginning to consider this, and actually issuing bonds? Mr Ward responded it would take approximately three months for the process, I need to come back to you with the re-financing numbers, we need to get the professionals that were involved in the original financing, geared up again, and re-do the contracts, then we would be able to start the public hearing process. 8 16I1 ° Wentworth Estates Community Development District August 10, 2017 Mr. Zotter asked if what we are discussing would it ultimately save residents money. Mr. Ward replied in the affirmative. A discussion ensued among the Board about interest rates and the amount of money that could be saved by residents. Mr. Thompson, added that the amount that would be actually increasing the principal would need to be verified as under the cap of the original validation. Mr. Ward responded there was not a problem. Mr. Ward stated he would begin working on the refinancing process. 8. Adjournment Motion was made by Mr. Smith and seconded by Mr. Oliver to adjourn the meeting, and with all in favor the motion was approved. The meeting was adjourned at 9:41 AM. Jamp4 P. Ward, Secretary ph Newcomb, Chairman 9IPage b I i'' ?'apLrø JOtt NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Aft ant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 1692289 NOTICE OF PUBLIC HEA Pub Dates July 26,2017 August 2,2017 • tdtt "- a (Sign Lure of affiant) .;„:. .... KAROLEKANGAS I -State of%Ma Sworn to and subscribed before me I' •- clan issioontC,G1224041 I �.o MyComm.EMpliec1W29,2021 This August 02,2017 •.g,, eaaemMorohwmnrxaeybe. 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LUCKY MONEY 6:30 eons 5 pm.,Saturday 7 a.m:2 p.m.,Sunday and holidays ing for spousal support Rowling,who has often criticized }°„"y'� 21.2 available 7 a.m.-2 p.m.If you haw not remised your paper by 6:30 a.m. as well as joint physi- Trump, said she "apologized unre- Drawings take place Tuesday and Friday nights at 11:15 Monday-Friday a by 7 a.m.5aturdy,please call 23elcery 39 or cal and legal custody of served] y 9 80 0 414 73 4 3beMe 5 pm.b receive credit for a delivery enure B Y y."Shetweeted Monday that Ache draw g.tickets until,0:40 p.m.on the night for assistance in assessing the E-Edition.On Sunday please call their children Indiana, very clearly projected my own sensi- before U60a.m.for a replacement copy or forauisuna in x- 13,and Atticus,9,ac- tivities around the issue of disabled lt+r21 Wtnen.e. $1 Payout aping the e-Edition. FORMA cordingto"Entertain- people beingoverlooked or ignored ...or-4.11 04 $1,599.00 'we no longer provide sett for temporary delivery suspensions P P Bn of 16 days or less Duringporary delcery suspension,sub- ment Tonight"and Peo- onto the images I saw." FANTASY 6 scribers haw unlimited apitalaess to naplemewscan and the pie, The author has deleted her original Aug., tea available pits Edition o Nat one d artles Da as lad as user digital replka E ET re orts that Phoenix cited"ir- tweets on the sub ect. Jury 31 2.9.19.21-25 Reps tin minted Nation of any su P l without ss any portion of a opus will not w permitted pub- The Fantary 5 drawing b e.11:15 p.m.nighty. 'Hour express permission je the Naples Dailyn dews The pub l aglt 3Mr0rars tt Payout lishany resales the right toreject a cancel usierhailnor be adgk 0 SO y .The'6ges a se�agrees that the doenoi r shall not be 4-dG1t 344 $555.00 liablenr aamart amineoutofyoasp:dby than preyn of the cow icerned t in which same terror insured,by whetherehe nucyeon oos is PICKS.42,an3,d 4 AND S dueeto the negin lace o the publisher's enured, ees...nos is 1:30Pick.r r.a and 5 numbers are drain twice daily,at andronahalllibenaathrpfornon serbonyofanyadwnoe. CORRECTIONS 1:30p.m.and):9p.m. and there shall be M amount pa bur Me aserton of any advertise- PICK 6-8 PIQ 3 1-IX 4 Plot S them beyond de amoum paid for the adwr[emem. The Daily News promptly corrects all errors of substance.Clarifications are published when Aug.,night rr-a 662 1-3-3-3 869-9-6 Member of Allkme for Audited Media editors believe the information will help readers better understand an issue or news event.If Aug.1 day 1-5 3-2-2 0<3-3 62-043-7 !trail Portions of the edition you think we have made an error,call us at 435-3435 between 9 a.m.and 5p.m.Monday Source:The Florida Lonely Primed on recycled paper. through Friday. 1350-921.PLAY orwww.arottery.coee NTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT NOTICE OF PUBLIC NEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 101E BUDGETS;AND NOTICE OF 1 PUBLIC HEARING TO CONSIDER THE IMPOSITION OF MAINTENANCE AND RCEMNT FTHESA E:ANDNOOTICE Napes' Largest Decorative PUBLIC HEARING CONSIDER ROLL,THE IMPOSITION F MAINTIONANO ENFORCEMENT OF THE E;ANSM TICS OF REGULAR BOARD OF SUPERVISORS.MEETING. The Board of Supervisors for the wentemnh Esmes Community Development District wII',Id two nubile hearings and OF nesting on OF SU Amp.1 2017 at 0. .tat.then,Tour Club.98W Tmsp Bay Boulevard.N.pNs,Florida34212. Fabric Sale of the Year The purpoe•of the first pubic hewing is to recWe public comment and objcioa on the Feld rev 201e Proposed Budge..The first pubic hewing is being conducts pursuant to Chapter MO,Florida Statutes.The auraose of the second public 1 uponer rn•imneslcn of ated momel demono fundone PvrrcYends 3 ed shwnebwannsider the.•Wogetn of foran s; �- Fix,Tw RO,B upon the Ivd•loaned vdthrn the District,a tlecicecn of wM1un lands n shown balow,consider Me...Won of an ayes• roll,and to provide for the levy,colect.,and enforcement of Me aammen.The second pubic hewing a ,�acted pursuant to Flonda law incWmg Chapters,w and 197,Florida Statutes.At the conclusion of the goblin hem,' •m,Board will,by resolwon,adopt the budgets anal levy as.wmants to fund Me operation and maintenance awoet as malty SALE approved by t W A W board meeting of Me Dstrict will also be Mid wows tat Dowd may consider any other buiness ' M.tma p�aM Wore ' ENDS41 c W proposed budgets,Manager.hwpvy 4)6664•nt rot.a Me al no rot iM w%se and din soin mry os - obtalned tllM tt h U u ...P Phone of the p ropol dudm net wl baiesss Mull.even pl web sitar *nos SAT�R�•, M lit inset ng lo.erg You TM,obtain a wry of tat PmPaed budget mrMMuy on Ms DlmiptN web lee.wane. I wantworned.necaa pm o • • special ass moray taco ewman end ae'n station pwdowy Wad tl0bta i/1 �t The P.M.table nd Praanta end caw for Fiscal arum - y mi a.pbixt to and in tin rev Tna anapms a.abject M - ' afforded y law.Note that he npo,. a any Ma below.no,nck.de eassessments previously evied by the O.tict antl due to be m collectedfor Fiscal Tar 2019. 71 e._ • t" 1 Proposed tklredrl.el A...mei.* e�.� 1 DESCRIPTOR FY20IS "'"wa��R - ' a - ri%. L^ Rosen, ercnLl Stez.a7 J `A d% r v } Oa Louiselw.) St02.47 �/ '';tt I- ammercid(Per wig it .7 -Z % The.cofactor will Colect th•es•sesnenv pursuant totle uniform rretMd TM gsrda may choose to collect the `� t ' aseasmen.la devebper ownedla o to uniform nseMcd I+• • { _ • Failure to pay the assess d naato M'vued pans,tat PmPery winch may VHA.a loll ' ' ~l of 1 of iota all affected property owners 4 crat Ow mechmring•and the right to fiat WM.obictons with Me � it Dlsthct.thn twenty POI days of publ' be f e ki / •f The pubic es.nw and mating am op.to Me public vat will be conducted in ccerdaae with tat prowiom of w ! ` �A i ""din Law to Community Development Detdca.TM pubic Manna eel mean my be continued to a area t'ne,and piece •Damasks•Silks•Prints•Velvets•Sheers•Toiles•Chintzes to w.00.on Me record at the Fades or mating. Thoue may be occasions when staff 0r Mad members may eamcioate by speaker twphore. •Linens•Marine Vinyls•Sunbrella•Upholsteries•Matelasse POMw Ita SB a0Ust YMwtriortay�ewt tPlit(T _P,-0•1'1.a eocogs arphyeicN' tehs"/1 M pb.sa cantect the Monda Raley Servos by l:sl,a 7-,-,-r r (mf,7 t.BONa-9Ssa770(Jots•),br eN n COntapun eD..Manages Office Take an EXTRA phis take.additional Mri:?7bomrxdni ,°,1"eceeal 1 ro.ymaZ°1::mawm respo annYLaw.E.4:1FAFaedp. 3Q1ern mg.P.waWentworth dDaates`,M Development 3a00 Public nDated 0J726e2D17A0X,02Mot7FF �. --- FF r • the lowest ticketed price! SALE ENDS 8-5-i7 "5�' RALPHLAUREN TRAVEP6 MHAMA ftOMO DURAL6E ROBERTALLEN 6UNRRELLA r1aUFNCEHOUSE !4 >. � • s STARK SCHUMACt1ERTOhIMY TRINA TURK KRAVET _._. ,� ��I yn + THOUSANDS OF ROLLS IN STOCK.MILLIONS OF POSSIBILITIES. L't .• /` OC li OPEN MON-SAT 1OA M.5:30 PM NAPLES (..... „\\1. ARGOONS 425 TAMIAMITRAILE ;Jess 'r facslrc rot Pout,Horn. 239-1J7-91D7 BOCABARGOONS.COM July Nand Auguat R.201r N61692282 MINUTES OF MEETING 6 WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Wentworth Estates Community Development District's Board of Supervisors was held on Thursday, October 12, 2017, at 9:00 a.m., at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum were: Joseph Newcomb Chairman James Oliver Vice Chairman Paul Zotter Assistant Secretary Board members absent: Russell Smith Assistant Secretary David Negip Assistant Secretary Also present were: James Ward District Manager Greg Urbancic District Attorney Audience present were: J.W. Howard Morgan Stanley Brett Sealy MBS Capital Markets 1. Call to Order & Roll Call Mr. Ward called the meeting to order at 9:00 a.m., and roll call determined all members of the Board were present with the exception of Supervisors Smith and Negip. 2. Consideration of Minutes: August 10, 2017 Mr. Ward stated copies of the minutes had been previously distributed and asked if there were any additions, corrections or deletions. Hearing none, he called for a motion. 1 Page 16I Wentworth Estates Community Development District October 12, 201 Motion was made by Mr. Zotter and seconded by Mr. Newcomb to approve the minutes, and with all in favor, the motion was approved. 3. Discussion of the Refinancing of the District's Series 2006A Bonds Mr. Ward stated as a result of the discussion of refinancing at the last Board meeting, he had asked MBS Capital Markets and Morgan Stanley to provide credentials with respect to handling the refinancing of the bonds. Mr. Ward said in order to hear a financing proposal correctly, SEC regulations required an underwriter be retained in order to listen to the proposals. He said the alternative procedure would be to retain an outside financial consultant who could prepare the proposal for the Board, and then an underwriter could be obtained. Mr. Ward continued in his opinion the retention of a financial consultant was not worth the additional expense at this point in time. He said he would advise the Board to listen to the two proposals before them; and if they desired, he could request other underwriters with whom he was familiar to present proposals also. Mr. Ward introduced Mr. Sealy to present his proposal. Mr. Ward explained that the Sunshine Law permits anyone to be in the meeting room during an open noticed meeting, usually however, when professionals are making presentations, they may excuse themselves from the room during the other professionals presentation. Mr. Howard indicated that he would leave the room while Mr. Sealy was presenting, and vice versa, as a professional courtesy. Mr. Sealy began by saying he was a managing partner of MBS Capital Markets, which was headquartered in Florida. He said his firm had specialized solely in Special Tax District Finance for the last 30 years. Over the past six years, he stated MBS Capital Markets had underwritten over $2 billion in tax exempt bonds specifically for Florida community development districts. He then gave some figures regarding his firm's experience as the leader in Florida for special assessment CDD finance transactions. He stated they had represented 136 separate transactions since May of 2011. Mr. Sealy stated prior to 2011, he and his partners ran the Special District's Finance Group, an organization known as Prager, Sealy and Company. He said this company 2IPage 16I 1 Wentworth Estates Community Development District October 12, 201 had underwritten $11 billion of tax exempt bonds specifically for Florida CDDs, representing over 700 transactions. Mr. Sealy was asked what caused him to leave Prager. He responded there were two sides of the business: the west coast run by Prager and east coast run by Doug Sealy, Brett Sealy's father. He explained these two sides of the business were quite different and so amicably decided to split. Mr. Sealy was asked what the source of his funds were to do the bonds, and he responded it was his own source. Mr. Sealy continued his goal was to tell them what his company could do and deliver. He added the fact of the matter was his firm had cleared the market on $2 billion in the last six years. Therefore, he said there was no doubting their distribution network, capabilities or capital structure. Mr. Sealy explained various aspects of the written proposal before the Board beginning with Page 4. He was asked to explain what happened between 2016 and 2017. Mr. Sealy responded deals come in cycles and sometimes it took as much as 5 years to complete a project. He said currently there was $500 billion of engaged forward twelve month business, and the timing in a particular year or cycle would affect whether there was a $500 billion year or a $7 million year. In response to a question about business being done in Collier County, he said the developers were varied and not one particular client. He said in an effort to be transparent, his firm had provided a refinancing specific list on special assessment deals. He said information about his and his competitors businesses was a matter of public record, and he added Morgan & Stanley's experience was primarily on the finance side was limited to recreational revenue bonds and utility bonds. Mr. Sealy continued his firm had experience with every possible refinancing structure for special assessment deals, and he listed those and said this was evidence of his firm's willingness to commit the resources to achieve the best result. Mr. Sealy said his firm had already done the credit work for the District. He said this was done before a proposal was put forth. He said his firm was ready to submit today, and Assured Guarantee had already done a site visit. A discussion ensued concerning which recent CDDs had been refinanced and the savings which had resulted. Mr. Sealy stated based upon their credit work, he said this CDD's deal lined up very similar to a number 31Page i611 Wentworth Estates Community Development District October 12, 201 of others. He said there would be two series of bonds structured senior subordinate so that 100% of the cash flow would go to the senior until fully paid and then to the subordinates. He said this allowed for every landowner in the District to share equitably in the annual reduction. A discussion ensued of the structure which would be used. Mr. Sealy was asked what type of information he needed to get to this point. He responded the tax roll was the big piece. He said his company went through the county's GIS as well as the appraiser system to extract assessed values. He said at the end of the day, his firm had to sell bonds. He said the whole key to getting the deal done was getting the rating and credit enhancement. Mr. Sealy said his firm has vast experience in terms of helping Districts like Wentworth Estates which have not reached full credit maturity. Mr. Sealy repeated the credit package was done and was ready to be shipped to the rating agencies and a handful of banks which would do a 20-year deal as well as the bond insurers. Mr. Sealy was asked if it would be beneficial to wait until the District was fully developed. He responded waiting was certainly an option, but then the District would be subject to interest rate risk. He said there was a 70% chance the rates would be raised in December. Mr. Sealy said his firm would pay for the cost of getting the rating and the insurance, and this would cost $10,000 to submit. He said they may end up submitting many times. He said his firm bore the risk. Mr. Sealy was asked at what level of community ownership it made sense to do the refinance. Mr. Sealy responded generally when the community was in the 51/4%to 53/4% original interest; 70% was needed. He said this would generally generate somewhere about 10% annual reduction. He said other factors come into play, and those were discussed. Mr. Sealy was asked from the research he had done, did the numbers make sense and would there be a savings to the residents. He said he could not make any recommendations, but what he could say from his research was he would not be there if there was not a level of savings commensurate with a number of other districts which had proceeded with refinancing. 4IPage Wentworth Estates Community Development District October 12, 201 16 ' 1 Mr. Ward stated if the Board retained the underwriter, they had the ability to decide to move forward or not, and if not, they could then terminate the agreement at no cost to the Board. Mr. Sealy said if the Board felt his company was not going to get the level of savings it wanted, there was no deal. Mr. Sealy was asked to explain his fee structure. He responded his firm received a percentage of the principal amount of the bonds issued, typically 1 1/2 %. He said the agreement before them was 1% to be competitive. Mr. Sealy summarized his firm's accomplishments, and answered questions about his fee. He was asked to elaborate on what a senior subordinate structure was and he did so. He also stated as a stand-alone senior only, the stress tests which S&P ran through for their credit requirements would not be met. He said his firm structures around the ability to meet these stress tests. A discussion ensued about the risks of certain types of property owners and how this affected the finance structure. Mr. Ward was asked what the balance was for the District, and he responded approximately $25.4 million. Mr. Sealy was asked if the District would increase the principal to absorb the fees, and he responded affirmatively. He said it was prohibited under Florida law to extend the maturity, and the bonds were originally structured with 30 installments. He said to the extent that the principal assessment was being increased even though the annual debt service would come down, mail notices were required to be sent to every affected landowner and a public hearing would be held. A comment was made to verify the District would owe more but pay less, and Mr. Sealy explained further. A discussion ensued among the Board members concerning this issue. The Board thanked Mr. Sealy for his presentation. Mr. Ward called for a five-minute break. Following the break, the meeting continued at 9:48 a.m. Mr. Ward introduced Mr. J.W. Howard from Morgan Stanley. 5jPage Wentworth Estates Community Development District 6 ' October 12, 201 Mr. Howard began his presentation by providing a written summary of his firm's qualifications. He complimented the work of MBS Capital Markets saying they were good at what they did. Mr. Howard said his company was committed to presenting the Board with a great option, and he said he was grateful for the opportunity. Mr. Howard continued his company had entered into a joint venture with Citigroup, which had much experience in this field, and so their proposal was offering the best prices and execution for their bonds. He said refinancing of bonds was about distributing the bonds at the best possible price. In referring to his proposal, Page 2, he said the benefit of the joint proposal was the exceptional team, who had a deep understanding of the capital bond market and structuring community development districts and Special Assessment Bonds. He said between the two firms in the last three years, $176 billion in tax exempt financing had been done. He said combined experience over $10 million in Community Development Districts was $1.4 billion. He said he had the full resources of his firm and of Citigroup, which would back the CDD. He added his company had the best in class institutional sales, trading and underwriting with 300 professionals between the two firms. He said his firm was engaged daily with the tax exempt market. He said Morgan Stanley's average inventory per day was $2.8 billion, and this meant the Board would be engaging with investors. He said he thought his firm would be able to market the District's bonds at a favorable price. Mr. Howard stated Morgan Stanley had over 15,000 financial advisors, and Citigroup had over 9,600. He said Page 3 contained their commitment and guaranteed full transparency. Mr. Howard stated his firm would provide one of the best opportunities to get a low cost capital distribution and was committed to the Naples community. He also said if there were individuals in the local community who wanted to participate in these bonds, his firm had the ability to help them purchase the bonds through either a Morgan Stanley or Citigroup account. Mr. Howard said in conclusion he was personally motivated to get this done for them. He had been in the business for 27 years, since 1990, and had done all types of tax exempt financing. He covered the state of Florida for Morgan Stanley and lived in Weston. He said he respectfully asked for their vote of confidence for his firm. Mr. Howard was asked how much time he had had to prepare for the proposal. He responded last week on Tuesday he was contacted. Mr. Ward apologized for not Wentworth Estates Community Development District October 12, 201 16 making him aware sooner. Mr. Howard said he was still very prepared, and it was not a problem. Mr. Howard was asked if the Board engaged him, how much time would it take to get the package together. He responded Mr. Ward would have to put together the legal team, and his firm would be ready by then. He said it would be the speed of the legal team and the amount of disclosure which had to be put together. He said he would work closely with Mr. Ward and the bond counsel. He stated his firm was currently working with Florida Gulf Coast University, where his firm had been hired in August and would be pricing the end of October. Mr. Howard was asked if his firm would be able to absorb the bond counsel cost. He responded bond counsel was the District's counsel. Mr. Ward confirmed this, and Mr. Howard stated he had underwriter's counsel. Mr. Ward explained the direct costs to the District would be his fees, Mr. Urbancic's fees, bond counsel, trustee's counsel, and the underwriting fee itself. Mr. Howard was asked how much Morgan Stanley was focusing on Florida. He responded Florida was one of the biggest municipal holdings for retail accounts. He said he would deliver the whole firm to the District and he had gone through the assessment rolls for the District and looked at them and analyzed them line by line to see what the percentages were. He said he could not show them the results because his company had not been engaged yet. He said he knew the savings would be good. He thanked the Board for their attention. Mr. Ward directed the Board to consider the two proposals. He reiterated the Board had the option to hire a financial consultant, but he felt the two presenters knew what they were doing. The Board began discussion, and it was said this transaction should not be rushed even though the interest rates could go up, and either firm could get the job done, but possibly other proposals should be considered. In response, the point was made that probably any new proposals would be about the same, and in going through the proposals carefully, he would vote for Mr. Sealy's firm. He said he liked his presentation and demeanor. He said he had no concerns about engaging either firm, but he was concerned about waiting longer. 7j Wentworth Estates Community Development District October 12, 201 1 6 1 1 ," Mr. Ward stated the interest rate was the biggest risk. He said the best structure of the bonds was the senior subordinate type. He said the waiting time would be helpful because it would give Lennar more time to sell more units, and thereby, reduce the senior subordinate structure. He added even if the process was begun today, it would not be completed until January. Mr. Ward was asked if ultimately the bonds would be priced at the time they were distributed. So if the refinancing was ready in January, the pricing would be based on whatever Lennar could get sold by December and whatever the interest rate would be. A comment was made that if money can be saved, there would be no reason not to, especially if interest rates might go up. The District would be saving a couple million dollars, and so the decision should be simple. It was pointed out that there was a termination right, which said if the Board did not like the deal, it could be terminated. Mr. Ward was asked if he had dealt with Sealy before, and he responded that he had. He added he had done $3 billion in financing in his career, much had been with Prager Sealy and then MBS Capital Markets. He stated they were good to work with. A comment was made concerning the offer to sell bonds to friends and family. Mr. Ward provided in his experience, this was not unusual. Mr. Ward said the choice was the Board's. He was more concerned with the attorney chosen because that was who he would work most closely with. It was said there were not too many attorneys who did this work. A discussion continued of the savings which would be realized and being able to explain this to residents who might ask how this was calculated. Mr. Ward mentioned there would be a public hearing which would be well attended, and Mr. Ward, Mr. Urbancic and the underwriter would answer the residents' questions. Mr. Ward asked for a decision between the proposals. Each member weighed in with his final choice. A discussion of approximate final costs ensued, which totaled $200,000. 8jPage 6I1 `� Wentworth Estates Community Development District October 12, 201 Mr. Ward was asked what risk was involved in this refinancing. He responded the risk was if it was decided to not go forward after the work was done, the District would then be required to pay fees of approximately $100,000. Mr. Ward said after an underwriter was chosen by the Board, the next step would be to listen to a presentation of the financial side of the transaction and then decide if they wished to refinance. Mr. Ward stated firms which did this type of work were well regulated by the SEC. He had not worked with Morgan Stanley, but he had worked with MBS Capital Investments, FMS Bonds, and others. He commented they were all good. Mr. Zotter commented the decision came down to whom they wanted to deal with, Wall Street or somebody local. Motion was made by Mr. Zotter and seconded by Mr. Newcomb to accept the underwriting agreement of Brett Sealy with MBS Capital Markets, and with all in favor, the motion was approved. Mr. Ward stated the other professional who would be needed was a bond counsel, and this did not need to be done today, but he would reach out to some he knew, including Denise Ganz with Greenspoon Marder, and Bob Gang with Greenberg Traurig. It was noted both were familiar with the project. He gave a brief history of experiences with both. Mr. Ward was asked when Lennar's year ended, and he responded November 30, and that would be helpful timing wise. Mr. Ward informed the two presenters of the Board's decision. 4. Staff Reports i) District Attorney— No report. ii) District Manager Mr. Ward stated as a governmental body, the Board hired three professionals: Mr. Ward as District Manager, a District Attorney, Mr. 9j , 6 l Wentworth Estates Community Development District October 12, 201 Urbancic and a District Engineer. He reported the District's Engineer was a firm called Stantec, located in Naples. He noted that a few months ago the board had asked for a map of the infrastructure and attempting to get this done by Stantec had been difficult. He also noted that he had heard from other's that Stantec was not interested in providing services to CDD's on an on-going basis. As such, he requested the Board to authorize the retention of a different engineer on an interim basis while Mr. Ward issued a request for proposals for hiring a new engineer. He said this would take 30-45 days to complete this process. Motion was made by Mr. Newcomb and seconded by Mr. Oliver to issue a Request for Proposals for an engineer as discussed above, and with all in favor, the motion was approved. 5. Audience Comments and Supervisor's Requests Mr. Zotter was asked about emails received concerning flooding in Bella Firenze, which was the result of storm drainage issues. He asked that some follow up be done by the Board and Mr. Ward to be sure of what the agreement was and their responsibility in the issue. Mr. Ward responded there would be no cost to the District as the agreement required the HOA to maintain and operate the storm drainage system. 6. Adjournment Motion was made by Mr. Oliver and seconded by Mr. Zotter to adjourn the meeting, and with all in favor the motion was approved. The meeting was adjourned at 10:40 AM. James P. Ward, Secretary ` 7 Joseph Newcomb, Chairman 10IPagc ib l ?i'apLrari NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.0.# MOS31119 `•' ` `• 1767432 WENTWORTH ESTATES This affidavit is for Wentworth Estates CDD Pub Dates September 29,2017 • (2 :12-&a (Sign ture of affiant) KAROLEKANGAS I Sworn to and subscribed before me , ` • "0"""'�` MG1of Florida 2 ;.J; Commission I i This October 26,2017 ` MyCamtExpliesAi29,2021 ra batati ahNMlaitNounma I ant-f , ) (Signature of affiant) GA Friday,September 29,2017 Naples Daily News Aid trickling into Puerto Rico, 16 1 1 but supplies still stuck pp at port Logistics of moving goods on devastated island a iV challenge ....0r'�:li �� DOUG STANGLIN USA TODAY ; ..................... __ •_e• �-__ a 7 Although some food,fuel and medical _:..-- � •'~` supplies were trickling into parts of I�''�' Al �, - �LLry storm-ravaged Puerto Rico on Thursday, �e'�-"M -••.•• �'V� -•- - + — thousands of shipping containers were �` „r - t still stuck at San Juan's port because of - - �`S l r red tape,lack of drivers and a wide- • ' tZ, � •`►` 'r - spread telecommunications blackout. ` • ,At,1 4O, Rr _l�, In Washington,Homeland Security •- I Adviser Ibm Bossert on Thursday dis- -• •a ,- Adviser reports that the federal response a ,` has been slow,blaming"misreporting." - Meanwhile,the U.S.military is send- �'- ' ' - ingathree-star general to Puerto Rico to s'`' , help direct the response to the devasta- - tion wrought by Hurricane Maria.The _ V Defense Department is working to send a�- several thousand more troops to the is- .a t. eT land. r,3 Lt.Gen.Jeff Buchanan,commander -,, . of U.S.Army North,was set to arrive in Puerto Rico on Thursday evening.John People evacuating Puerto Rico line up to yet on a cruise ship Thursday in the aftermath of Hurricane Maria in San Juan,Puerto Rico.The COrneli0,spokesman for U.S.Northern aftermath of the powerful storm has resulted in a near-total shutdown of the U.S.territory's economy.GERALD NEssts-rAP Command,said Buchanan is being sent to the island to better assess the situation so the military can provide the highest ery problem seems to compound the "The food is here and the water is level of support for the disaster. next.Gov.Ricardo Rossello said desper- here.Critically,what we need is equip- The announcement came after ately needed truck drivers were them- ment,human resources,whether Na- mounting criticism that aid was moving selves displaced by the storm,and— tional Guard or state guard,"the gover- too slowly to the island,which took a di- amid widespread power and communi- nor said. - `._ rect hit from the hurricane. cations outages—were difficult to track Rossello also noted that Puerto Rico's l , I M i San Juan Mayor Carmen Yulin Cruz, down to get back to work. physical isolation as an island remains a speaking to CNN about the logjam at the "Our biggest challenge has been the major complicating factor. I ll 1 I I I! port,said she asked the Federal Emer- logistical assets to try to get some of the "Puerto Rico,different to Florida or gency Management Agency to allow mu- food and some of the water to different Texas,has no neighboring states that can nicipalities to distribute goods them- areas of Puerto Rico,"he said. actually drive to there and give quick selves because"we can get the stuff Puerto Rico got one important boost aid,"he said.'We need to fly assets over where it needs to go."She said she was Thursday when President Donald here and bring it by boat,and that has told to write a memo about that. Trump,after initially resisting,waived been a little bit of the bottleneck." ' "Now is not the time for memos,now shipping restrictions for the island at Sen.Marco Rubio,R-Fla.,who visited is the time for action,now is the time for Rossello's request and after an outcry the island this week,said conditions on justice,now is the time to get life-sup- from Congress about shortages of vital Puerto Rico are"getting worse."He told porting supplies into people's hands," supplies. CNN that the"logistical supply chain is the mayor said."Three thousand con- Rossello said National Guard troops broken"and that only a major presence • Miners are stuck there,and there is no are now engaged,and he said he asked by the U.S.military could help restore reason at all.My cry is,'Let's get it the Defense Department to send special roads and get supplies distributed quick- White House Homeland Security adviser Tom done.'" troops for transport,fuel and food de- ly throughout the island. Bossert speaks to reporters Thursday in Amid the devastation from Maria,ev- ployment and engineering needs. Contributing:Associated Press Washington.EVAN oueeuvP NOTICE OF PUBLIC HEARING NOTICE OF ANNUAL MEETINGS Notice is hereby given that a public hearing will be held by the Collier County WENTWORTH ESTATES COMMUNITY Planning Commission(CCPC)at 9:00 A.M.,October 19th,2017,in the Board of DEVELOPMENT DISTRICT County Commissioners Meeting Room,Third Floor,Collier Government Center, 3299 East Tamiami Trail,Naples FL.,to consider: The Fiscal Year2018 Regular Meetings of the Board of Supervisors A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION of the Wentworth Estates Community Development District will FOR AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 03-23, be held on dates noted herein at 9:00 A.M.,at the TPC Tour AS AMENDED, THE LIVINGSTON VILLAGE PUD, TO MODIFY PROVISIONS RELATING TO STREET TREE STANDARDS.THE SUBJECT Club,9800 Treviso Bay Boulevard,Naples,Florida 34113. PUD PROPERTY CONSISTS OF 148.98±ACRES,LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD,APPROXIMATELY ONE MILE SOUTH OF October 12,2017 November 9,2017 PINE RIDGE ROAD IN SECTION 19,TOWNSHIP 49 SOUTH,RANGE 29 EAST,COLLIER COUNTS,FLORIDA.[PL20160002748] February 3,2018 May 10,2018 z w August 9,2018 i Z. z The meetings are open to the public and will be conducted in j PINE RIDGE RD F < accordance with the provisions of Florida Law for Community a SiDevelopment Districts. A copy of the agenda for the meeting O475 7 GREEN BLVD may be obtained from the office of the District Manager,JPWard &Associates, LLC, 2900 NE 12th Terrace, Suite 1, Oakland a Q Park,Florida 33334 at least seven(7)in advance of the meeting, I TET OTT 22 m by phoningavailableon(954) the 658-4900.District'sweb Insite aatddition,the agenda'swww.wentworthestatescdd will be ❑ . o zCL............"- org. z Any meeting may be cancelled or continued to a date,time and 'GOLDEN GATE IPKY .-t�. location specified on the record at the meeting. All interested parties are invited to appear and be heard. Copies of the proposed In accordance with the provisions of the Americans with RESOLUTION will be made available for inspection at the Collier County Clerk's Disabilities Act,any person requiring special accommodations or office,Fourth Floor,Collier County Government Center,3299 East Tantiard Trail,Suite#401,Naples,FL,one week prior to the scheduled hearing.Written an interpreter to participate at these meetings should contact the comments must be filed with the Zoning Division,Zoning Services Section,prior District Manager at(954)658-4900,at least five(5)days prior to to October 19th,2017. the date of the meetings.If you are hearing or speech impaired, If a person decides to appeal any decision made by the Collier County Planning please contact the Florida Relay Service at 1-800-955-8770,for Commission with respect to any matter considered at such meeting or hearing, assistance in contacting the District Office. he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If any person decides to appeal any decision made with respect If you are a person with a disability who needs any accommodation in order to to any matter considered at these board meetings,such person participate in this proceeding,you are entitled,at no cost to you,to the provision will need a record of the proceedings and such person may need of certain assistance. Please contact the Collier County Facilities Management to ensure that a verbatim record of the proceedings is made at Division,located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112-5356, their own expense and which record includes the testimony and (239)252-83130,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. evidence on which the appeal is based. Collier County Planning Commission Wentworth Estates Community Development District Mark Strain,Chairman September 29,2017 James P.Ward,District Manager ND-1764131 September 29,29T7 ND-178r432 i6I 1 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Wentworth Estates Community Development District's Board of Supervisors was held on Thursday, November 9, 2017, at 9:00 a.m., at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum were: Joe Newcomb Chairman James Oliver Vice Chairman Paul Zotter Assistant Secretary Board members absent: David Negip Assistant Secretary Russell Smith Assistant Secretary Also present were: James Ward District Manager Greg Urbancic District Attorney Brett Sealy MBS Capital Markets Audience present were: Bob Gang Greenberg Traurig Denise Ganz (via telephone) Greenspoon Marder Curt Keyser Calvin Giordano and Associates 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 9:03 a.m., and roll call determined all members of the Board were present with the exception of Supervisors Negip and Smith. 11 Wentworth Estates Community Development District November 9 2017 2. Consideration of Minutes: October 12, 2017 Mr. Ward asked if there were any additions, corrections or deletions to the minutes, and there were none. He called for a motion for their approval. Motion was made by Mr. Newcomb and seconded by Mr. Oliver to approve the minutes described above, and with all in favor, the motion was approved. 3. Consideration of Proposals from Bond Counsel Mr. Ward stated this item was the consideration of proposals to provide bond counsel services related to the refinancing of the Series 2006 Bonds. He said there were two proposals: One from Greenspoon Marder represented by Denise Ganz, who was on the phone, and the second from Greenberg Traurig, Mr. Bob Gang, who was present at the meeting. Mr. Ward stated the same procedure would be used as last time, and as a matter of professional courtesy, he would ask that each presenter leave the room during the other's presentation if they would like to do so. After discussion, the Board determined to limit these presentations to 5-10 minutes each. Mr. Gang stepped out of the room while Ms. Ganz gave her presentation. Ms. Ganz began by apologizing for not being there in person and thanked them for the opportunity to present via telephone. She said she had provided the Board with a resume of her firm's experience, and added she had been involved in public finance almost since she became a lawyer in 1985. She had done hundreds of Community Development District financings, as well as all different types of financing throughout the state of Florida. She asked the Board to take into consideration her experience with their District in that a few years ago she had worked with Mr. Ward and Mr. Urbancic on impact fee issues which produced a good result. She stated during that process she had been able to get a good understanding of the District's bond issue and the assessment structure. She stated her firm also had tax expertise, especially with tax exempt bonds. She said her firm brought experience with structuring bond issues, an understanding of the assessments, and tax expertise. She added her firm had made sure the District had done what was necessary with respect to its continuing disclosure obligations. She stated she was very much up to speed with being able to accomplish the refinancing. She noted she had worked very closely with Mr. Ward on other transactions. A comment was made that Ms. Ganz mentioned in her correspondence to the Board her firm was founded with a goal to become big enough to handle large and complex cases 2 Wentworth Estates Community Development District November 9 2017 while remaining small enough to offer each client focus. The question was asked where the CDD fit or what size it was. Ms. Ganz responded her firm was very specialized, and in the finance department, there were many partners who helped one another and were brought in as needed. She added there were less issues in a refinancing like this than in new bonds. She said in a refinancing transaction, her firm would be looking at how the money got spent to make sure it met the requirement of the tax code. Ms. Ganz assured the Board she would be the person who handled their transaction from beginning to end, barring an unforeseen emergency. Ms. Ganz was asked about the Mc Carter and English partner who was mentioned. Ms. Ganz responded this firm's headquarters were in New Jersey. The partner to which she was referring had been practicing in the area of the tax law part of the code which applied to tax exempt bonds for over 35 years and was an expert. She said Greenspoon Marder had someone like this individual on staff but he had passed away. She added it was not easy to find people who were experts in the 103 area, which was the section of the code which applied to tax exempt bonds. Ms. Ganz stated this individual knew many other top lawyers in the country who worked in the same area as she did, and they often formed a consensus concerning difficult issues. Ms. Ganz was asked if she foresaw any particular complications with regard to the District's transaction. She responded from what she could tell at this point some of the "thorny" issues had been resolved. She stated the way the underwriter decided to structure the bonds to get the best interest rate and savings were the issues, and she could not be sure at this point what might come up. She said it should be straight forward once the exact best structure was determined. She said the history of the District would have to be told, and her experience with the District would help her with this disclosure. She was asked if she was referring to the bankruptcy, and she responded affirmatively. Mr. Ward stated it was a disclosure issue, but not a hurdle to the refinancing. The Board thanked Ms. Ganz and indicated they would hang up the phone and call her back after Mr. Gang presented. Mr. Ward stated Ms. Ganz was off the phone, and Mr. Gang had rejoined the meeting. Mr. Gang thanked the Board for the opportunity to present. He began by saying he had been the original bond counsel for the District. He had drafted the master trust indenture for the 2006 A and E Bonds and the supplemental indenture, which had been amended a couple times over the colorful history of the District. He said a second 3 16 1 1 Wentworth Estates Community Development District November 9 2017 supplemental indenture would be drafted to facilitate the refunding bonds. He stated in 2009, the original developer encountered a number of economic difficulties, and he continued to advise, and as a trustee, took over a default administration role. He said he had worked with US Bank as the successor to Wachovia in handling that, and some amendments had been made. He said in 2012, there was a settlement of all of the defaults, and Lennar had bought the land and bonds. He said by 2014, the District had a clean bill of health. He said his firm was a very large law firm with much expertise, and it had assisted with the default administration for the trustee and also with Lennar's entrance. He said he and his firm had been involved since the beginning, and he would like to continue his relationship with the District in the refunding. Mr. Gang highlighted some of the material he had provided to the Board. He said his firm employed four full time municipal bond tax lawyers. One of them, Rebecca Harrigal, would be the person working with the District on the transaction. She came to his firm a year ago from the IRS where she was the Director of the Office of Taxes and Bonds for most of her career and was very knowledgeable. Mr. Gang said his firm was the largest with CDD experience in Florida. He said a list of bond counsel deals since 2012 were included in the Board's packet, and the list included 250 transactions of $3.25 billion. He said for an example, he had included a list of Collier County CDDs which his firm represented. He pointed out he currently worked with Mr. Urbancic and Mr. Sealy in another CDD. He said he also had included in the packet a list of refunding transactions he had handled and added his firm had done senior subordinate funding transactions for 15 different CDDs. He stated MBS Capital Markets along with his firm had developed this technique. He explained briefly how this type of transaction worked. The Board asked if the fee range for his firm's services would be $60,000-$65,000. Mr. Gang responded if Mr. Sealy informed him the route the CDD would take was in that range, then he would respond affirmatively. Mr. Gang explained some of the work his firm would be doing. The Board said the increment between the two, $20,000, was not in the information provided. It was asked what the hourly rate structure was. Mr. Gang responded on bond transactions, his firm did not charge by the hour because what was being done was incurring liability for a tax opinion. He said the CDD would be giving investors their opinion on many millions of dollars of bonds, and they would come after the CDD if the IRS deemed them not to be tax exempt. He said in this event his firm would defend 4 161 1 Wentworth Estates Community Development District November 9 2017 their work. He reiterated their fees for the transactions were not the hourly rate but based on experience. Mr. Gang stated he had been doing bonds for over 40 years and in his experience the fee of $60,000 to $65,000 was a fair fee. The comment was made that the question was asked because of the statement that the fees could be up to $20,000 more. Mr. Gang responded that would be if it became more complicated. It was asked what cap there might be on the fees. Mr. Ward responded the way he read the proposal, it would be roughly $40,000 to $45,000 for private placement or $60,000 to $65,000; so the cap was either $45,000 or $65,000. Mr. Gang was asked if he was the individual dedicated to the account, and he responded affirmatively and added Rebecca Harrigal would be the primary tax attorney and Camille Evans, who was out of the Orlando office. It was asked if Ms. Harrigal was out of Philadelphia. Mr. Gang stated the Board would not need the tax attorney in the room; she would be drafting the tax documents. He added she had been working on Florida CDDs since she had been with his firm. Mr. Ward asked if Mr. Gang saw any complexities with the refinancing. He responded the history of the defaults was behind them, and the issues could be if a public offering would be the best execution and if bond insurance would be attainable and economic. Mr. Gang said he would emphasize his firm had had experience with the District with experienced tax lawyers on staff. He added his firm had done billions of dollars with CDDs, and his career has been working with CDDs in Florida. He said his firm had the largest volume of CDD bond counsel experience. Mr. Gang was asked about current legislation, and he responded he was not sure how this would affect the bonds. He added there were many differences between the Senate and House bills. He briefly explained this legislation. Mr. Ward asked if Mr. Gang would like to remain at the meeting or leave. It was decided he would step out of the meeting while the Board deliberated. Mr. Oliver stated that these two presenters were following the legal path of making sure everything was done correctly in the refinance of the bonds, and they would have nothing to do with which bonds or which direction to go to make sure it was done. The 51 1 6 I 1 Wentworth Estates Community Development District November 9 2017 District was only following the letter of the law. Mr. Ward responded the firm would prepare for the CDD all of the legal documents with the most important being the tax opinion. Mr. Sealy would define what the structure was, and the attorney would define how it would be documented. The question was asked if either bond counsel might conclude the District would not want to refinance. Mr. Ward assured the Board he did not think that would happen. Motion was made by Mr. Newcomb and seconded by Mr. Oliver to accept the proposal of Greenberg Traurig for bond counsel, and with all in favor, the motion was approved. - V Mr. Oliver asked concerning an issue with tax opinion if there was a suit brought, would it be typical that an indemnification be offered in the retainer agreement. Mr. Ward responded an indemnification was not given, and the CDD was relying on the tax opinion for the tax exempt status. If the bonds became taxable under current law, then the CDD would go after Greenberg Traurig for that amount. Mr. Oliver asked if a bond purchaser relied on the tax opinion in the disclosure document and it was materially wrong and the CDD was sued, was there a statutory right to legal fees and costs. The response was uncertain, but there might be something in the trust indenture. The comment was made in a law suit, everyone got named, so would the Board be covered. Mr. Ward responded the Board had gone through a pretty difficult time when the private developer went into default and Lennar took it over. He continued other than that issue, it should be a clean deal. It was also pointed out multiple proposals had been considered for hiring bond counsel, the CDD counsel had been advising the Board, and it was felt all had been done to hire people with the confidence to do the transaction. Mr. Ward pointed out the fees for the bond counsel were contingency fees, and if the deal did not close, then no one would be paid. A section of the proposed agreement from Greenberg Traurig was read aloud, which indicated if the deal did not close because of market reasons, the District would not owe any money; however, if for any reason other than market feasibility the District decided to terminate the refunding transaction, fees would be due and payable. Mr. Ward indicated he had not read this part of the agreement and it was a problem and a major issue. The Board waited while Mr. Ward left the room to clarify this detail with Mr. Gang. 6 ' Wentworth Estates Community Development District November 9 2017 In the waiting period, it was pointed out that Ms. Ganz's proposal stated her firm would charge a flat fee of $60,000 in the event the bonds were publically sold or a flat bond counsel fee of $55,000 in the event the bonds were privately placed. No contingency language was seen. Mr. Sealy said with the Board's approval of moving forward today, he would do the rate lock, which was for 90 days from the date of the letter. He said they would need to move quickly, but it could be done. Mr. Sealy was asked if more time might be allowed, and he said 90 days was as much as he had ever received. He said in the past his firm had asked for an extension, which was usually honored without increasing the rate. He said he was confident it could be done in 90 days. The comment was made the early rate was much lower than currently. Mr. Sealy responded a lower rate could be achieved by a public offering because they could price to the insurers underlying rating, which was double A, and the District had received triple B+. He said the cost of the insurance in that scenario increased to where the savings was better under the private placement scenario based upon the current market. It was asked if the CDD would be paying another .75% in addition. Mr. Sealy responded the proposal was a 75 basis point origination fee, which totaled $200,000. Mr. Ward returned and said Mr. Gang would join them momentarily. Mr. Ward reported the Board was now back on the record and it was 10:00 a.m. Mr. Ward said Mr. Gang had indicated the paragraph in question had been used in the early days based upon Boards just arbitrarily deciding for whatever reason they did not want to proceed. He agreed that if the Board proceeded forward now and used his firm, then at the public hearing, together with the residents, it was decided not to proceed, then there would be no fee. However, Mr. Ward said if after that point, the Board decided on the day of pricing not to proceed for anything other than market conditions, the fee would be applicable. Mr. Ward said basically in the past Mr. Gang had done all the work, and the Board decided for some arbitrary reason not to proceed. The Board agreed this was fair. Mr. Gang returned to the meeting, and Mr. Ward informed him he had been retained as bond counsel to the District subject to the terms they had discussed related to the arbitrary provision in his proposal and subject to the cap rate of $65,000 on the deal. 7 16 1 1 Wentworth Estates Community Development District November 9 2017 4. Presentation by MBS Capital Markets of the Financing Alternatives of the District's 2006 Series Bonds Mr. Ward asked Mr. Sealy to proceed. Mr. Sealy began with a summary of what had been done so far which included searching for the best deal, submitting the credit package to S&P and sending a package to AGM, a bond insurer. He said he had also sent a credit package to Hancock Bank, which his firm had worked with on about a dozen CDD refinancings. He said this bank was willing to go 20 years without a rate reset, and it was the only bank right now which was doing so. He said the District was 20-37. He said Hancock Bank was not extending the maturity, and the District would not be faced with a rate reset. Mr. Sealy directed the Board to Page 6 of the Revised document. He said they were mailing an offering document for private placement, subject to interest rate risk. He said there were potentially fewer covenants on the public offering side than on the private placement side. He said in a private placement in the event of determination of taxability, there would be an immediate rate reset. In a public offering, if there was a determination of taxability, there would not be a rate reset. A question was asked if at the time of the refinancing, the bonds are not taxable, and then Congress changes their mind and they become taxable, does that trigger the issue. Mr. Sealy responded for the bank private placement, there would be an automatic rate change, which would still be lower than the current rate on the bonds. Mr. Gang stated Congress could not retroactively make bonds taxable, so if bonds were tax exempt when they were issued, it was because of something either the District did or that the expenditure of the funds was not properly governmental or something like that. He said what Congress was saying now was all of a certain kind of bond issued after January 1, 2018, were taxable. A comment was made that the District's bonds would be issued in 2018. The response was their bonds were governmental and there was nothing in the current tax bill affecting bonds which would keep you from issuing tax exempt. Mr. Gang continued it may make the bonds less valuable as an investment because people's tax rates were lower. 8j Wentworth Estates Community Development District 1 6 November 9 2017 Mr. Gang continued in the past developers had sold land to Districts at the appraised value, and the IRS looked at that. He said another issue was the proper use of fill was looked at by the government. He said those issues had been resolved in this District. He said there would probably not be any problems. Mr. Ward indicated the District had been audited and it was fine. Mr. Sealy continued there were two offerings: the public and the private offering. He said on Page 8, the Board would see that his firm had gone to S&P and received an underlying rating in senior bonds of triple B+, which was consistent with other senior subordinate transactions. He said he had received from AGM an acknowledgement of its willingness to provide an insurance commitment on the senior bonds as well as a partial surety bond, which essentially allowed the District to fund less cash reserve. He pointed out these results still provided for healthy net present value savings both on a percentage and total dollar basis, as well as annual reduction overall of about $245,000 a year. Mr. Sealy stated his firm had also solicited Hancock Bank to provide a term sheet which he stated was consistent with other term sheets. It provided for a 20 year amortization on a fixed rate basis, which was at 3.75. He said he noted this rate was slightly higher than on the public offering side, but when bond insurance was factored in, it did create a higher net interest cost and resulted in a slightly less annual reduction in savings on the public offering side than on the private placement side. Mr. Sealy said on the Hancock side, he had found the banks were looking for a bigger relationship than just being an investor. He said their term sheet included for them to serve in the capacity as the trustee. Mr. Ward said replacing the trustee and using them as the depository trust were two pieces of the Hancock proposal which he was uncomfortable with. Mr. Ward explained they wanted to hold the District's operating account, which was now with Sun Trust. Mr. Ward stated he was particularly uncomfortable with this. Mr. Ward was asked if the Trustee was paid a fee and how much it was. His response was affirmative, and he said the amount was under $10,000 a year. It was asked if Hancock Bank would be willing to wave that fee. Mr. Sealy said he would ask. He said he could probably negotiate for one of the requirements. 9 16II , Wentworth Estates Community Development District November 9 2017 Mr. Ward stated on a daily basis, the two individuals who he worked with were the Trustee and the operating accounts. The trustee was the most important to him because he dealt with him every single day in terms of moving money around, making sure bond payments are made, making sure there wasn't someone in Philadelphia reading trust indentures which were different than what they really said with Mr. Ward having to spend days convincing them how to read a trust indenture. He said he was not familiar with Hancock Bank. He said the trustee and the depository trustee controlled absolutely everything, and that would not be advantageous for the District. Mr. Ward was asked which of the two positions he would give up. He responded personally neither, but the least troublesome was the trust depository. He was asked why he would be dealing with the trustee so frequently once the deal was done. He responded he was moving money in and out of accounts, making sure debt service got paid on time, reading indentures to move reserve funds, making sure interest got credited correctly, etc. He gave an example of a recent problem he had encountered. His conclusion was he was uncomfortable with Hancock as a trustee. Mr. Sealy did not think this issue was a deal breaker and indicated he would try to renegotiate these terms. Mr. Ward stated he was not trying to be difficult but the trustee directing, and his office having to use Hancock Bank for investment purposes meant whatever the bank chose to invest in, he would have to sign off on. He said this would give him liability that those investment proceeds were where they should have been. He told the Board the Hancock Bank proposal had only come up within the last two days. Mr. Ward was asked why he would be responsible if Hancock Bank's obligation was to invest within certain guidelines. Mr. Ward responded it was his obligation to direct it under the trust indenture, not the trustee. He said at the moment there was no trustee because the reserve account was basically nil. He said with refinancing the reserve account would go up to about $600,000. Mr. Gang said there were guidelines in the trust indenture, and they could be further narrowed. He was asked what would happen if Hancock Bank went "belly up." He responded Hancock Bank would be seized by regulators. He said as he understood it in a qualified public depository structure in Florida, all the members covered for each other, so individuals were not supposed to lose money. 10 ; ib l l Wentworth Estates Community Development District November 9 2017 Mr. Ward stated that was different than a trust relationship bank. He said US Bank, for example, had a trust department and the funds were fully insured. A concern was expressed that they had 90 days and would have to limit the kind of things they could do and set forth guidelines with which all were comfortable. If the scope of the investments was the concern, then maybe the Board should agree on a narrow scope of investments. Mr. Ward responded it was not the scope of the investments, it was the limitation of having to leave them at Hancock Bank. He said the District would not be able to get quotes from US Bank or anybody else to invest the funds, and so Hancock Bank would be controlling the interest rate given. He said with a trustee who was not the bond holder, he did not have that problem. Mr. Ward was asked if he would still have this concern if Hancock Bank was not given the trustee position. His response was negative. He said if they were just the bond holder in the normal course, he did not have a problem. Mr. Sealy said the rate would be locked in from November 10, 2017, for 90 days. A comment was made that the District was refinancing $27 million, and was this deal with Hancock Bank their only option. Mr. Sealy responded there were two options. He said the Board could also go the public offering route based upon procurement of the underlying rating of the insurance and the surety bond, and the bonds would be sold in the marketplace. He said there was no rate lock. It was correctly stated that interest rate risk would be taken on in this option. Mr. Ward said a public hearing was required because the Board would be increasing the par debt for each resident. He said the public hearing required mailing notices to everyone in the District 30 days in advance. The public would have an opportunity to appear and speak. At the end of the public hearing, the Board would be asked to adopt a resolution which increased the par debt on the lots. The Board would make the final decision. He said the Board would set the day and time and could limit each speaker's time, but they did not have to limit speaking time. It was commented that many people attend the meeting for clarification. Mr. Ward said probably a couple hundred people would attend. Mr. Sealy said he would do a presentation, and he added the better the notice was written, the fewer people would attend. 11 ,. tb 1 1 Wentworth Estates Community Development District November 9 2017 It was asked when in a public offering, the interest rate was locked in. Mr. Sealy responded it was unknown until an offering document was mailed and the bonds were priced. He said he honestly had no idea where rates were going due to the political climate. There was some further discussion of each scenario. Mr. Ward stated the Board did not have to approve either one today. He said the options needed to be worked out and the public hearing needed to be set. Mr. Ward said he would talk with Mr. Sealy and put together a schedule which would include a meeting, where a new term sheet would be presented and the Board could vote. A time for another meeting was discussed. The Board agreed to have a continuation of today's meeting on November 27 at 8:30 a.m. 5. Consideration of Candidate for District Engineer Mr. Ward stated he had advertised the District Engineer position and sent his proposal to six or seven engineers the he knew. He said he had received one proposal from Calvin Giordano &Associates, Curt Keyser, who was prepared to give a presentation, but it was not necessary the Board hear it. Mr. Ward stated he asked CGA to provide a copy of their rate sheet and a formal agreement. He said the Board's choice was to reject the one proposal that had been received or rank him as number one and authorize the agreement with CGA at the rate structures proposed which was consistent with other engineering companies. He said the reason for their receiving only one response was most likely the amount of work available this time of year and the fact that CDDs do not provide a great deal of work. He said CGA was a reputable firm, and he recommended them and the District would need an engineer for the refinancing. He said he has worked extensively with CGA for 30 years. It was pointed out it would be fruitless to re-advertise the position, and it was advantageous that Mr. Ward had a relationship with CGA. Also, it was mentioned the fee structure was pretty standard, and there was the right within the agreement to terminate in 30 days. Mr. Keyser said he would be the primary engineer for the District, and he said he had a staff of 12 engineers and support people. He said he knew one of the District's needs 12 1611 Wentworth Estates Community Development District November 9 2017 was mapping, and he had a full GIS department. He said he could pull in whatever resources were necessary. Mr. Ward explained the engineer was going to have to sign off on a certificate which said the infrastructure was operational. He said the Board had requested a map of the infrastructure, but that would be four or five months down the road. Motion was made by Mr. Newcomb and seconded by Mr. Zotter to rank Calvin Giordano & Associates as No. 1 and authorize the staff to enter into the agreement, and with all in favor, the motion was approved. Mr. Ward called for a motion to continue this current meeting on November 27, 2017, at 8:30 a.m. Motion was made by Mr. Newcomb and seconded by Mr. Oliver to continue the meeting on November 27, 2017, at 8:30 a.m., and with all in favor, the motion was approved. The meeting was ended at 11:04 a.m. Wentworth Estate Commyhity [development friZ101(d JamelP. Ward, Secretar y ,}os Newcomb, Chairman 13 I 161 ?'apLrø J rwø NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# WENTWORTH ESTATES CCD 1848560 NOTICE OF REGULAR ME Pub Dates December 7,2017 • / dtab.t (Sig 2 ture of affiant) IM: KAROLEKANGAS I Notary Pudic-State of Florida Sworn to and subscribed before me 1 : CommksIonlGG126041 .,•" My Comm.&pin sAd29,MI 1 This December 07,2017 ..g; londsd#KONNonDloloryAsu WW1 omero (Signature of affiant) 78D 1 THURSDAY,DECEMBER 7,2017 1 NAPLES DAILY NEWS NDtiCCOl Salo HOUSE and CONDO Notice of Sheriffs Sale NOTICE IS HEREBY GIVEN that pursuant to an EXECUTION issued in the Circuit Court of Collier County,Florida,on the 15th day 1 of June,2017,in the cause wherein WESTERN UNION FINANCIAL SERVICES INC SUCCESSOR-IN-INTEREST TO VIGO REMITTANCE • CORPORATION,plaintiff(s)and PRONTO GIROS OF SOUTHWEST 401111. FLORIDA INC F/K/A GITO PRONTO INC D/B/A PRONTO GIROS; LANDMARK COMMUNICATIONS INC D/B/A PRONTO GIROS AND .. .. SONIA LANDESTOY A/K/A SONIA ALEMAN,defendant(s),case no. 42,in said court;I,Kevin J.Rambosk,as Sheriff of Collier County,Florida,have levied upon all the right,title and interest of the defendant(s),SONIA bedLANDESTOYReal A/K/A SONIA -. au.-. It in ALEMAN,in and to the following described Real property to-wit „` THE EAST 75 FEET OF THE EAST 150 FEET OF TRACT 103,AND THE �1Y Pr- AS 75 FEET OF UNIT WEST R FEET TO TRACT GOLDEN - WES ESTATES,F TH 95,ACCORDING15OF THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9,PAGE 45,PUBUC RECORDS OF COLLIER COUNTY,FLORIDA.CORAL KNOWN AS 496000RAL WOOD DRIVE,NAPLES,FLORIDA 34119 And on the 21st day of December,2017,at the COLLIER COUNTY SHERIFF'S OFFICE,3319 EAST TAMIAMI TRAIL. NAPLES,FL 34112,at the hour of 10:00 AM.or shortly thereafter,I will offer for sale all of the defendant(s),SONIA LANDESTOY A/K/A SONIA ALEMAN,right,title,and interest in aforesaid property at public outcry and win sell same,subject to all prior liens, encumbrances and judgments,if any,to the highest and best bidder for CASH IN HAND.The proceeds to be applied as far as LEE COUNTY A day be to the payment of costs and the satisfaction of the above escribed execution. Areas north of San `i;. Kevin J.Rambosk,as Sheriff Carlos Park Collier County Florida , by:/s/L.A.Wehrhelm,Deputy Sheriff a 11�RRM Dates Advertised:11/16/2017,11/23/2017,11/30/2017,12/7/2017 __ coxxscxan xo., • i115,111111I,IIIIIIIIIil1,IIII,IIniiii.11111,' In accordance with the American with Disabilities Act,persons needing a special accommodation to participate n this proceeding should contact Becky Adams,Judicial Process ESTERO/ Manager,whose office is located at Collier County Sheriff's Office,3319 Tamiami Trail E.Naples,FL 34112,telephone;239- eirtr SAN CARLOS 252-0880,at least seven days prior to the eeding If hearing �mm impaired,(TDD)I-80n-955-8771,or Voice(V)1-800-955-8770,via ' . Corkscrew Road north to Alico Road PUl)lic NntIceS Public Notice, -\ 41 1 NOTICE OF REGULAR MEETING B O N I TA WENTWORTN ESTATES COMMUNITY DEYELOPMENT DISTRICT x• The Board of Supervisors of the Wentworth Estates Community x,�� I SPRINGS ..xxr:rd-xr Development District will hold a Regular Meeting on Thursday, NNIDBIA,O AR I,f Bonita Springs, B )N I T A November14,2017 at 8:30 a,m„at the TPC Tour Club,9800 ,I s Rrmita Beach SPRINGS Treviso Bay Boulevard,Naples,Florida 34113. M8� 'I ...-___• fl IB3 The meeting open to the public and will be conducted in ` eanrrau txxo..n _- eo xuorlrr-a . accordance with the provisions of Florida Law for Communiy Development Districts. A copy of the agenda for the meeting -, 0 may be obtained from the office of the District Manager,seven 41 LEE COUNTY 169 (7)days in advance of the meeting,and on the District's web site 0 www.wentworthestatescdd.org or by phoning(954)658-4900. COLLIER COUNTY \ DF The meeting may be cancelled or continued to a date,time and s..r a location specified on the record at the meeting. S In accordance with the provisions of the Americans with Disabilities Act,any person requiring special accommodations jf or the interpreter toparti(954)at 658490,doing meetingsstfive 5)dact ys NORTHEAST the District Manage at(954)658-4900,at least five(5)days prior to the date of the meetings.If you are hearing or speech COLLIER impaired,please contact the Florida Relay Service at 1-800-955- I 8770,for assistance in contacting the District Office. O \ North of lmmokalee �� If any person decides to appeal decision made with respect Rd./Oil Well Rd.,East to any matter considered at thesese board meetings,such person will need a record of the proceedings and such person i may need Of 951 to ensure that a verbatim record of the proceedings s made at • their own expense and which record includes the testimony and '"`"""""` evidence on which the appeal is based. rncvrcr ou ROAD ,,,,,,,,.,I. ,., Wentworth Estates Community Development District NAPLES Lames P.ward 2 - West of 951 to US 41, District Manager December 7.2017 No.1848560 north Collier/Lee County -. U line.South to Manatee I w . and 951 I i 41 xxmx ur 7n$iTTi^^Tin rim i , �s . 7• , _..... 24/7 . • „•,., T___ �,.N' xayeaawexow WEST GOLDEN GATET x NAPLES West of 951,south of O n' West of US 41 from 1� - Vanderbilt Beach Rd.to i/ Y i',T p ,/ S County Line,south to >i Vineyards on the west •% _ Bayshore Dr. \ and 1-75 on the south. 79• ` East of 951-south of S lmmokalee Rd. 3 Ust0111e GULF i OF al. II Manage your subscription MEXICO x�,ox�m �► T ■ Find a newsstand to • __ oe arxo i a • buy a paperLI- r. • ■ Place an obituary,classified �ASODTN ..� t PI,ES ad or press release = w- x",7=4wxa_>,1,4MOCK ■ Submit news „ •ma MARCO ISLAND 41 ■ Submit a letter to the editorSouth of Manatee including Isles of Capri,Marco Island, ■ Report a problem Nvitilt./ Goodland and Everglades City sp Cr swww.naplesnews,com/customerservice11D .- a I:Napleslittili Nrw ( \-- ' SOUTHEAST COLLIER • Includes Everglades City,Chokoloskee 70'mow.j: WrnrreuvaoeaeaarWou and Port of the Islands area. ace Inset s 16I1 "° 1 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Wentworth Estates Community Development District's Board of Supervisors was held on Thursday, December 14, 2017, at 8:30 a.m., at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum were: Joe Newcomb Chairman James Oliver Vice Chairman Paul Zotter Assistant Secretary Russell Smith Assistant Secretary (via telephone) Board members absent: David Negip Assistant Secretary Also present were: James Ward District Manager Greg Urbancic District Attorney Curt Keyser District Engineer Brett Sealy MBS Capital Markets 1. Call to Order & Roll Call Mr. Ward called the meeting to order 8:36 a.m., and roll call determined all members of the Board were present with the exception of Supervisor Negip. 2. Consideration of Minutes: November 9, 2017 Mr. Ward asked if there were any additions, corrections or deletions to the minutes, and there were none. He called for a motion for their approval. 1 . , 6 I 1 - Wentworth Estates ('D1) December 14 2017 Motion was made by Mr. Newcomb and seconded by Mr. Oliver to approve—the-1- November 9, 2017 minutes, and with all in favor, the motion was approved. 3. Consideration of Resolution 2018-1 of the Board of Supervisors of Wentworth Estates Community Development District Relating to the Refunding of the Wentworth Estates Community Development District Special Assessment Bonds, Series 2006A; Declaring Special Assessments; Indicating the Location, Nature and Estimated Cost of Those Improvements which Cost is to be Defrayed in Whole or in Part by the Special Assessments; Providing the Portion of the Estimated Cost of the Improvements to be Defrayed in Whole or in Part by the Special Assessments; Providing the Manner in which such special Assessments shall be made; Providing when such Special Assessments Shall Be Made; Designating Lands upon which the Special Assessments Shall Be Levied; Providing for an Assessment Plat; Adopting a Preliminary Assessment Roll; Providing for a Public Hearing to Consider the Advisability and Propriety of said Assessments and the Related Improvements; Providing for Notice of said Public Hearing; Providing for Publication of this Resolution; Providing for conflicts, Providing for Severability and Providing an Effective Date. Mr. Ward indicated that the third and fourth item on the agenda were the primary purpose of the meeting and would begin the special assessment process related to the refinancing of the Series 2006 Bonds. Mr. Ward said to give the Board a global view of the process, a two-step process, in which an intent to levy special assessments would be declared and a public hearing would be held. He said today the Board would declare their intent to levy the special assessments, which was the first resolution, Resolution 2018-1, and the second resolution, Resolution 2018-2, would set the public hearing date and time and authorize the notices necessary in order to levy the assessments. He added at the Public Hearing the Board members would sit as an equalization Board and listen to public comment and testimony related to the special assessments and make the sole decision at that time as to whether or not to levy the special assessments. A question was raised concerning the consequences of deciding not to levy the special assessments. Mr. Ward commented the issue from the last meeting was fees that would be due to bond counsel. A discussion ensued concerning the number of people from the community who would attend and possible lack of support. Mr. Ward pointed out that the reason the public hearing was required was because the par debt amount, to I Wentworth Estates CDD December 14 2017 long term capital assessment, was being increased but the annual assessment was being decreased. Mr. Ward was asked to explain special assessment. He responded the existing assessments remain the same and new debt would be allocated on existing lots in the same way. It was pointed out that if there was $100,000 in debt, and it cost $5,000 for the transaction, the new debt would be $105,000. However, the interest rate would go down, so the payments would be less, and over time, total payments would be less. It was added that the assessment part that would be increasing were the costs that would be incurred to do the transaction. Mr. Ward clarified the special assessments was a new assessment under the statute, but it was replacing the old assessments. It was asked if there was a term document that summed up the information before them. Mr. Ward responded there was a mailed notice that would be sent to residents that explained the proceedings, which was seven pages. It was pointed out that there was also a term sheet from the bank. Mr. Ward continued that 2018-1 was the first resolution which stated that special assessments were being declared, provided for and included the preparation of the special assessment methodology. He said it did not change the way in which the assessments had been levied in the past, but just allocated the existing assessments over the same units with a higher par debt amount. He said what was in the methodology was the senior subordinate structure which was the higher of the two terms that were used to give flexibility. If the Board went past the public hearing date and changed their mind and decided they wanted to go to the senior subordinate deal rather than the private placement deal, they could do so. This resolution would give the maximum that could be assessed for residents at that time. He said it was done this way to give flexibility with the intent to make the deal better than what was in the methodology and in the proceeding itself. Mr. Ward called for questions on the resolution, and hearing none, called for a motion. Motion was made by Mr. Oliver and seconded by Mr. Newcomb to adopt Resolution 2018-1, and with all in favor, the motion was approved. 3IPaee ib l i Wentworth Estates CDD December I4 '_017 4. Consideration of Resolution 2018-2 Mr. Ward said Resolution 2018-2 did a number of things, but the most important was to set the Public Hearing date, time and location. After discussion, the Public Hearing was scheduled for Monday, January 29, 2018, at 6:00 p.m. at the TPC Tour Club. Motion was made by Mr. Oliver and seconded by Mr. Newcomb to adopt Resolution 2018-2, and with all in favor, the motion was approved. 5. Consideration of Ranking of Audit Proposals to Service as Auditor for the Fiscal Years ending September 30, 2017 through September 30, 2021. Mr. Ward stated that audit proposals were not due until the next day. He made a mistake in putting this item on the agenda and so this item would be on the next agenda. Mr. Ward was asked if this had been advertised, and he responded positively and explained the procedure for selecting the auditor. When asked how many responses he had received, he indicated one, but that he expected there would be several more at the last minute, judging from the emails and phone calls he had received. He said the Board would have the final approval in selecting the auditor. He said the Board would be receiving packets from each candidate prior to the next meeting. A discussion ensued on how the audit was conducted and who the current auditor and submitters were. 6. Staff Reports I. Attorney Mr. Urbancic reported that a draft of the mailed notice had been done and was circulating. Mr. Urbancic also reported his staff had been working on collecting all of the information of all properties that had been conveyed or dedicated to the District. He said now it could be coordinated with Mr. Keyser. Mr. Ward said they would be sending out 1430 notices in the coming 2 weeks, and the Board would possibly get questions from residents. He said if there were questions which they could not answer, they could direct 4 161 1 Wentworth Estates CDD December 14 2017 those individuals to him. He added that his cell phone number and address were on the notices. Mr. Ward said he would actually prefer that all questions come to him, and the Board agreed. It was suggested and the Board agreed that a policy should be made to direct questions about all important matters to the District Manager. Mr. Ward said that Mr. Urbancic would prepare a resolution to that effect for another meeting. Mr. Ward stated the second issue brought up by Mr. Urbancic was a map of the District. He said as they had gone into the bond financing, he and Mr. Urbancic realized the issue of what property was owned needed to be more accurate. He said he had asked CGA and Mr. Urbancic and the original engineer to put together all of the necessary legal documents to make sure the District actually owned all of the underlying assets that have been paid for. He stated they would eventually be getting a large booklet of various types of documents, which the Board would need to accept. When questioned concerning how long the Board needed to keep documents, Mr. Ward responded that they did not have to keep anything as that was his responsibility as a matter of public record according to the statutes. Mr. Urbancic said a good reason to forward questions to Mr. Ward was that it would become part of the public record. Mr. Keyser asked what the implications were of public records requests and should he keep those requests. Mr. Ward responded all public record requests come through him, so he was the "custodian" of public records. He said Mr. Keyser, as the engineer, had to respond to a public records request as did Mr. Urbancic. He said Mr. Keyser was required to maintain them, but he could forward them to Mr. Ward. As a matter of law, Mr. Keyser was required by the statute to maintain that public record. Mr. Zotter verified if he received an email asking a question, he should not respond at all and forward that to Mr. Ward. Mr. Ward suggested he should forward the email to him and copy the individual who had the question. Mr. Ward also responded that generally he would let the Board member, who forwarded the email, know how it had been responded to. 5IPage tb l l Wentworth Estates CDD December 14 2017 The Board discussed when the next meeting would be as there was some confusion. The response was that the next meeting would be January 29, 2018, and the meeting after would be on February 8, 2018, which would be a Landowner's Meeting. It was suggested that this meeting could also be used for purposes of closing. Mr. Ward said the next meeting after that would be May 10, 2018. II. Engineer Mr. Keyser reported that he had been working with Mr. Urbancic to try to put together an inventory and certification of properties. III. Manager Mr. Ward was asked to further explain the missing records for purchases in the District. He responded his office was going through the records to see what was and was not there. He said prior to Lennar taking over the District, bills of sale were missing and some easements were not in place, but Lennar had been cooperative and had said they would sign all of the necessary documents. Mr. Ward was asked if the auditor evaluated the adequacy of records to support purchases, and he responded only the financial side, not the legal side. Mr. Ward was asked when this missing records project would be completed. He said probably sometime in February. Mr. Ward was asked what part of the golf course was an asset of the CDD. He responded that all of the water management system inside of the golf course, including the pipes, were the CDD's assets. He added that it was his understanding that there would be a turnover of the golf course, so that will get split apart at some point and an agreement will have to be done between the District and the golf course for the maintenance of the District's assets. Mr. Ward was asked if the District owned any of the electrical poles. He said essentially what was owned was the roadway coming in to Treviso 6 Page 1611 Wentworth Estates C'I)I) December 14 2017 Bay, the bridge coming over to the guard house. He said they were checking whether or not the District owned the lighting piece. He said the District had built the turn lane coming into Treviso Bay off of US 41 and had done some improvements to Southwest Boulevard. He said the District owned the water management system, which included all the lakes and the interconnecting pipes between all of the lakes. He said some mitigation work or wetland improvements internal to the project had been done and some mitigation work in the Rookery Bay area. Mr. Ward was asked if he had looked at the roof tiles on the bridge. He responded he had, and he had advised the Master HOA that they needed repair. As regards the golf course's Board, after some discussion, Mr. Ward stated that it would probably be a good idea to eventually separate the two agreements and have one agreement with the Master Association and one with the Golf Course Association. Mr. Ward asked Mr. Sealy to present an update on the refinancing. Mr. Sealy reported there was some volatility in the market currently, but with Hancock Bank, the District had a lock for 90 days which would be until February 15. Mr. Sealy said he wanted to make sure that the Board took a snapshot of where the market was and compared the two scenarios because the term sheet was signed and a commitment letter from the bank was expected and would need to be executed at some point in time. He explained the current situation to the Board using a slide presentation. Mr. Sealy concluded that he wanted to make sure before they continued that he came back to the Board and provided current market conditions. He said they would not meet again until January 29th. At that time, unless any different direction was given, they would be committing to the Hancock scenario which was a private placement. A comment was made that two advantages of Hancock were rate lock and the overall economics of the deal, which was $147,000 better on the bottom line. Mr. Sealy said that was correct. It was pointed out that over 20 years, the savings would be $3.5 million, and the gross would be more like $5 million 20 years from now. 71Page 1 6 I 1 Wentworth Estates CDD December 14 2017 A question was asked what the savings for homeowners would be, per unit. Mr. Sealy said Page 5 showed the estimated annual reduction per unit. The Board thanked Mr. Sealy for his work. Mr. Ward said there were 1434 total units and of those units there had been three partial prepayments and one total prepayment. He said that said residents liked the fact that the debt was there, the lower annual assessment was available, and they did not care what the par debt amount was. 7. Audience Comments and Supervisor's Requests Mr. Ward called for any supervisor requests. Hearing none and with no audience present, he called for a motion to adjourn the meeting. 8. Adjournment •;Motion was made by Mr. Newcomb and seconded by Mr. Zotter to adjourn the meeting, and with all in favor, the motion was approved. The meeting was ended at 9:28 a.m. /11/daif, James Y. Ward, Secretary J9 Newcomb, Chairman li/Pr 8IPage 16 I 1 r.:-,-\ap1cø 4 ai "Ar1116 NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# WENTWORTH ESTATES CCD 1823736 WENTWORTH ESTATES CO Pub Dates November 15,2017 // AeL& i2.&62�1 (Sign ture of affiant) 4 N:• KAROLEKANGAS I 4 ,_•. h taryPud Nok-StateofFladda Sworn to and subscribed before me , ` „„ • co ws:IontGG126041 This November 15,2017 =...42 My Comm.EON; m 20• 't I 631446040416wwt2461, VCAIVIr (Signature of affiant) 24D I WEDNESDAY,NOVEMBER 15,2017 1 NAPLES DAILY NEWS RoomS FUrr1/UOfUrt Automobiles far Sale Classic Cars Campers&RV'SEIMMIIIP Public Notico', ROOM FOR RENT Private bath, DODGE JOURNEY 2017.Silver 1974 MOB 68K miles,British BIG SKY MONTANA 2014 FLORIDA PACE FUNDING AGENCY gated corn.,use of house OK. All power,great cond.20K mi. racing green,4 speed w/OD; 39ft long, 1 master BR; NOTICE OF INTENT TO USE UNIFORM METHOD OF No Smoke(239)272-3536 $15K/obo.239-465-3746. excellent condition, show- 1.5Baths; 3 slides, fully COLLECTING NON-AD VALOREM ASSESSMENTS car!!$10,500.(239)992-7752. equipped; (2)Flat screen TVs:Black/tan/grey/brown Space Rentals Sports and Imports PROWLER TRAVEL TRAILER $41.500.Must see!In Naples The Board of Directors(the"Board")of the Florida PACE COMMERCIAL SPACE RENTAL '07 CNRYSLER CROSSFIRE used for storage;complete Call Tom:(502)592-7831 Funding Agency,a public"Agency"), provides body corporate and politic,(the gg 106 Plaza,al&106th Ave N. Cont.6 speed.34K mi.Like w/contents!$700. 571-6996 WANTED ALL MOTOR HOMES 153.08(2).(3)and(4)and 197.3632(3)(a).Florida Statutes,of pp,Trader Joe's,2 units, new.Red/black$10,500.obo AND CAMPERS.Any cond. Its intent to use the uniform method of Collecting non-ad 750&850 5q.f[.(239)-216-1680 (607)-368-2005 in Naples Cash Paid. (954)789-7530. alorem assessments for more than one year to be levied within COMMERCIAL/OFFICE 1991 MER only BENZ 190E the area encompassed by the boundaries of every county in 900 square ft. $865 mo. 1 owner;only 90K miles!Needs Transportation Personal Watercraft FlBorrdfordto C Cot Alachua unty,Brevard County,Oroward C Baker ounty.Calhoun Calhoun (239)262-4121 some work.8 $1700-173or best County,Charlotte County.Citrus County,Clay County,Collier Offer.(PORS PORSCHE Naples #2 is 2006 speed 0-75 Jet WOR 1NNG POR5CNE993 C45 Skis,Top speed,*5r3 raft. County,Columbia County,County,Miami-Dade County,Desoto County, 6201 S RLE FOR 34109 Vehicles Wanted $ his.(23)r22.9 t.p raft. Fran County,tyval dso000ty.G County,County. County, les 14K miles.Arena Red.6200 SHIRLEY unit with 34f09 f9800. (239)222.9081. Franklin County,Gadsden County,Gilchrist County,Glades 20'%30' nit with 2 shoo $149,900. (239)269-7713. AA.TOP DOLLAR PAID!for County,Gulf County,Hamilton County,Hardee County,Hendry doors.220 volt power on mine Anna Marna DB7 Classics Gan,Muscle Cars, County,Hernando County,.Highlands County.Hillsborough its own circuit breaker Cony.Collector car 3K m. &Sports Cars.(239)221-3000 County,Holmes County,Indian Rwer County,Jackson County, panel inside unit.$325 per $49,900(239)269-7713. Jefferson County.Lafayette County,Lake County,lee County. month.Lease is up next 2003 NISSAN SENTRA ABSOLUTELY ALL AUTOS- Leon County,Levy County,Liberty County,Madison County, July but can be renewed. 126N miles,well maintained, Wanted!Dead or Alive Top$ The key Manatee County,Marion County,Martin County,Monroe County. Call(239)877-3289 runs great, needs paint. FREE PICK UP! 239-265•fi140 111�1 K Nassau Cunty,Okaloosa County,Okeechobee County,Orange $1,000.(239)209-2818 CORVETTES WANTED 1 County,Osceola County,Palm Beach County,Pasco County, Top dollar.Cash today.Call Pinellas County,Polk County,Putnam County,Santa Rosa Storage Units 2011 Coupe, Lt Gre Blue/Ivory. 3K 941.809.3660 or 941.923-3421 County,Sarasota County,Seminole County,St.Johns County, S i;Recent ce,Lt Service, Per23K selling e7$!__ St.Lucie County,Sumter County,Suwannee County,Taylor A/C LOCKERS, lowest pp to $49,99. (39)331-7731 act! to "1►Il County,Union County,VOlusia County,Wakulla County,,Walton are s!(239 size,643-0west 0 in ZUL4 5. EOATI GHIBLI $MOSTTTEARNS MOTORS llill County,and Washington County,or any of the municipalities Naples!(239)643-0447 dole miles, 04 HOST TRUSTED therein,subscribing to or served by the Agency's statewide 1 BUYER Sinn 1977. provision of funding and financing,to construct or pay for AIR C Private OMD SELF Storage 16,300 miles, white, back All Vehicles wanted energy conservation and efficiency Improvements.renewable I P pecia :Industrial( 9)5 Spate. interior,very good-condition. Rod or Jim(239)774.7360 'ST Cilr energy improvements and wind resistance improvements in For specials:(239)254-1971 $4q,50 (RDES-D466 J�/ 1K1� (,41 accordance with Section 163.08,Florida Statutes(collectively, Y19 MERCEDES. peDIESEL WE BUY CARS,TRUCKS,SUVS, the"Qualifying Improvements").By and resolution n the 21 mi.Taupe.One Owner Etc.Anything from f1,000 Agency,a property owner may apply law the Agency for funding $TLEY RNAG73.4104 Sam E39)595l Please all and financing of a QualifyingImprovement.The non-ad valorem Real Estate Sam(239)595-4021 Commercial BFNTLEY ARMAGET 2003. starts assessments imposed bycontemplatedAgency by this notice are voluntary and M (239)2.9.7 1 i. are only id by or on the behalf with the prior rtowritten consent $39,900CHE ( C2S 9.7713. AUtO Parts&ACC authorized by or on nfinancin of affected property owners who OffiCeS/Warehou5e/Sale 993PORSCHE Cves 1990.3N determine to obtain financing for Qualifying Rotund and fin nce miles, om white,investment car, CNRYSLERSEBRINGTan CONVERT here the Agency,The Agency is authorized by law to fund and finance AAA BEAUTIFUL SUITES 189,000. (239)269-7713. Cover(boot),Tan;like Qualifying Improvements and is required to annually collect FROM room. Call 9 643-1600 E75 Call Dennis(239)821-8981 repayment by gonad valorem assessments.The Board will room.can 239-6a7-1600 TOTOTACAMRY 2007 methodrfheaecptmnoa resolution electingas uhorizethe uniform Single owner.Maintained method of collecting such assessments as authorized by Section Offfces/WarettOUSeS/Rent locally.Excellent working 197.3632,Florida Statutes,ate public hearing to be held at 1:00 condition.Leather& p.m.EST,December 6,2017,at the River to Sea Transportation TRADE CENTER RENTALS sunrool.108K miles. Recreation 0 Planning Organization Executive Conference Room,2570 W Amazing Location $6,300 International Speedway Boulevard,Suite 100,Daytona Beach for Business Rentals! Call:239.404-7106 Wheels/Recreation Florida.Such resolution will state the need for the levy and will Three units available on contain a legal description of the boundaries of the real property Trade Center Way BOatS/Motors/Marine that may be subject to the levy-which is the entirety of the Fully Furnished 182 sq ft Sport Utility Vehicles State of Florida.Copies of the proposed form of resolution are (f550/month); on file at the office of Counterpoints Energy Solutions(FL)LLC, 143 sq ft($490/month); '08 FORD ESCAPE Silver,6 0 I. Third Party Administrator for the Florida PACE Funding Agency, 195 sq ft($475/month). auto.4 WD,All power.65,800 FORMULA 6401 ongress Averpint etec 200,All Raton,Florida 3348 Call for Copt(239)325-9794 mi.$9K obo(239)450-7541. email:to present oral comments at the publicinterested d pars and/or CHEVROLET CORVETTE line• 201Moment KC9019K mi. invite2018 OUTBOARD MODELS submit written comments to the Board at the above address. So ,chrome In eagles. w e tin,Perfect con ow, Written comments should be received by the Agency on or Showroom 4 Naples. 8.000.(2 condition. SEE,3E0,OBR,OD&S3' before December 5,2017.Any persons desiring to present oral call(440)554-5215. $48,000.(239)293-1985. SEE NEW OB MODELS''+' comments should appear at the public hearing. FT MYERS BOAT SHOW Motorcycles/Mopeds NOV.16.19 In the event any person decides to appeal any decision by the , 2003 HARLEY HERITAGE SOFT Board with respect to any matter relating to the consideration of Tail the resolution at the referenced public hearing,a record of the 0. yral anniversary spa- � proceeding may be needed and in such an event,such person PORSCHE 356-912 Warned cial;Classic black;37K Miles, : may need to ensure that a verbatim record of the public hearing By private local buyer. E8000.Loll(317)513-5406 39' TROJAN 1996 Express is made,which record includes the testimony and evidence On Running or not.(239)206-3110 ADULT MINI ELECTRIC SCOOT- Cruiser, Twin engines which the appeal is to be based. ER.Great condition.Perfect §17.000.(630)244-3370. giN!5500.(314)406-5915 In accordance with the Americans with litiez Act of 1990 BOAT.(6onsors NEEDED place your and Section special arc.Florida Statutes,persons with disabilities Transportation O Vans toy Sponsor(ship), needing should accommodation to participate in such Planning Vouch Sailors of America. hearing should contact the River to Sea Transportation Planning 18 FORD er,006ECONOLINE E250 Will go to goad home. ad online at Organization at(386)public22 at least forty-eight(48)hours 12 Passenger,80K mi.$10K Call Matthew(361)558-4640 prior to the date of the hearing. Automobiles for Sale Good work van(239)269-2710 -07 CHRYSLER 300C Limited '15,CHRYSLER TAC Touring CAPTAIN'SUC6-pk -ENSE DATED this 28th day of September,2017. Edition,25N mi.All options, immall aculate, 30K wart red, Dec.4th 877-435-3187 loCalfieds By Order of:BOARD OF DIRECTORS OF FLORIDA PACE FUNDING black/beige tenor. Eric. $19,550 (239)304-0006AGENCY. cond.$30K TA AVALON 2 MAGTRAILERIC TILT17-19'GALVANIZEDwerc November 8,15,22&29,2017 No.1802211 201x TDV - AVALOx XL C2010.2 0TOWN a RunssNTRr aing h Newer axle, R08Rh the locals. Silver;Gray int;power seat, 2010.200N miles. well. hearings,hubs,winch etc. R Reach till 1 always garaged kept;per- f3K/obo.(239)465-3746. port side frame rusted, Request tilt Bids 1(i.,liu"•t I�i I'O'. belly maintained;only 80K DODGE GRAND CARAVAN ould not haul boat unless miles! Excellent condition. 2014.Wheelchair Van with repaired 6200.olio Call or The School Board of Collier County,Florida,will accept Request Text(239)-825-3000 Recreational Storage 9 rs in Florida) for last do lowered 49, am &tie 0 p.m.only the notice of the Director le inrchasing until 9 yrs.$7100.(708)906.6085. downs.(239)496-826� OWN YOUR COVERED RV&/ 2:00 p.m.on the date noted below for the following: THE MARINA AT OR BOAT PARKING SPACE! I- 10-4J TITLE OPEN FACTORY BAY vvivv PRICE yrvcri0-o,ri 1046 Bus Operator Simulator December 12,2017 Germain Properties of Naples RFP Document available at: Marco Island STORAGE: MOTORNOMES http•/ocumenemailable.corn/supplier/bids/agency inc/ Sli47'LOA 19'Wideate avaiil boat. auto.able. (239)6430447red bid listasp.f=search&LP=BB&mi=10202 or liiftp://www. corerschools.com/Page/7979 or call 239.377-0047. Dee?Water Marina Direct Access to Guff.. Recreational TrailerS The School Board of Collier County,Florida No Bridge Issue: By:/s/Dr.Kamela Patton Concrete Floating Docks; THIS WEEK'S SPECIAL Superintendent Of Schools Water/Electric;Modern Several Used Park Models Authorized by: Clubhouse;Pump Out. As Is"starting @$1,995. David Nara,Ili ector of Purchasing _ 24/1 Reduced for Quick Sala HOLIDAY RV TRAllE0.SALES November 15.I6,2017 No.1825287 $55,0 0. 19710 South US 41,Ft Myers Call Paul' (239)253-4755 (239)590-0066 R,i!iir�1!ni Bills Rcq urst for Bir15 Request for Bids Authorized ,Iir•��I I:, Elul., The School Board of Collier County,Florida,will accept Sealed Bids in the Office of the Director of Purchasing until 2:00 p.m.on WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT the date noted below for: (Hereinafter called"DistrM") OPEN CIREQUEST FOR PROPOSALS BID 0 TITLE 18-079 Women's Lacrosse Helmets November 30,2017 41) t• The Wentworth Estates Community Development District is IS, v requesting proposals from a alified firms of certified public Scope of work and requirement5A accountants,licensed to practice in the State of Florida,to audit http:✓/w'w'W sham nstar.cem/supplier/hids/agency_ �� , its financial statements for the fiscal year endingSeptember 30, inc/bid list.asp.fosearch&LP=BB&mi=10202 or 2017 and in the sole and absolute discretion of theDistrict for htto://www.collierschools.com/Page/7979 or call us Y' 0each fiscal year thereafter through September 30,2021. at 239-377.0047. There is no expressed or implied obligation for the District to reimburse responding firms for any expenses incurred in The School Board of Collier County,Florida preparing proposals in response to this request. By:/s/Dr.Kamela Patton CliSuperintendent of Schools Sealed technical and dollar cost proposals will be received b Authorized by: the District Manager's office until 11:00 a,m.,on December 15y, David Nara,Director of Purchasing Na.1825543 S O�� 2017,located at 2900 Northeast iZthreceived Te after Suxe 1,OLLknd November 15,16,2017 Park, returnedo7 id unopened. Proposals received after this time will be 2017 ■ Manage your subscription The that includes both oser lapdffile along submit a ewith evand len(7)panted Technrked ical REVISED PUBLIC MEETING SCHEDULE and Dollar Cost Proposals to be marked as follows:"Wentworth COLLIER MOSQUITO CONTROL DISTRICT Estates Community Development District,Professional Auditing BOARD OF COMMISSIONERS ■ Find a newsstand to Services Proposal. The Technical end Dollar Cost Pro sal will be opened in the in compliance with Chapter ainin5(1),Florida Statutes,notice u�uu s hereby gwen that the remaining meetings of the Board Ot Office ofthe District Manager a[11:00 e.m.,on FrMaY,December Commissioners of the Collier Mosquito Control District will be i buy a paper 15,2017 held according to the schedule listed below. Meetings will be held at District Headquarters,600 North Road,Naples,Collier Proposals submitted will be evaluated by a five(5)member County,Florida. All interested persons are invited to attend ■ Place an obituary,classified consist Selection 5)members ("Selection Committee") these public meetings. consisting of the five(9 members'of the Board of Supervisor's. Time who will review submissions. Day Date ad or press release The District reserves the right to retain all proposals submitted Tuesday November 21 Regular Meeting 10:00 a.m. and to use,without compensation,any ideas in a proposal Tuesday November 28 Regular Meeting 9:00 a.m. -egardless of whether that proposal is selected.Submission of Tuesday December 19 Regular Meeting 10:00 a.m. a proposal indicates acceptance by the?irm of the conditions ■ peal any decision made by the Board Submit news contained in this request for proposals,unless clearly an It any person decides to ad p specifically noted in the proposal submitted and confirmed in of Commissioners of the Collier Mosquito Control District with the contract between the District of and the firm selected. respect to any matter considered at such meeting or hearing,he ■ or she will need a record of the proceedings,and that,for such Submit a letter to the editor The District reserves the right to reject any or all proposals purpose,he or she may need to ensure that erbatim record of submitted or to retain all proposals submitted and to use the proceedings is made,which record includes the testimony without compensation any ideas in a proposal regardless of and evidence upon which the appeal is to be based. ■ Report a problem whether that proposal is selected. Submission of a proposal Michael P.Williams,Chair indicates acceptance by the firm of all of the conditions No.1825263 contained this Request}0r Proposal. Novemher 15,2017 A complete copy of the Request for Proposals can be obtained , on the District's web site at www.wentworthestatescdd.org or Jy contacting the District Manager as follows: www,naplesnews,com/customerservice James P.Ward,District Manager E-mail: JimwardAlPWardAszociates.com YRf V W'iii 1 r a► cls Phone: 954-658-4900 0/ ♦ Address:2900 Northeast 12th Terrace,Suite 1, ly jr I �{`�!}��[�e,1 Oakland Park,FI 33334 Baum ,♦Y M l��`:Y^•��News Wentworth Estates Community Development District A T I�+/s o �� wth wa,oimrux.ro".."mwnr lames P.Ward AUTOl„atie P LkJI'J.J_ 2976.44A0 District Manager No.1823736 Yovember 15,2017 Wentworth Estates Community Development District September 25,2018 16 ` 1 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Wentworth Estates Community Development District's Board of Supervisors was held on Thursday, September 25, 2018, at 8:30 a.m., at the TPC Tour Club, 9800 Treviso Bay Boulevard. Naples, Florida 34113. Present and constituting a quorum were: Joe Newcomb Chairman Jim Oliver Vice Chairman Paul Zotter Assistant Secretary Robert Cody Assistant Secretary Also present were: Jim Ward District Manager Greg Urbancic District Attorney Curt Keyser District Engineer Tony Grau (via phone) Grau & Associates Audience: Andy Gasworth FIRST ORDER OF BUSINESS Call to Order and Roll Call Mr. Ward called the meeting to order at 8:35 a.m., and roll call determined all members of the Board were present. SECOND ORDER OF BUSINESS Consideration of Resolution 2018-12 Mr. Ward stated this Resolution amended the Public Hearing date for the adoption of the Fiscal Year 2019 Budget to today, Tuesday, September 25, 2018, at 8:30 a.m. at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Mr. Ward called for questions, and hearing none, called for a motion. On MOTION made by Mr. Oliver, seconded by Mr. Zotter, and with all in favor, Resolution 2018-12 was adopted. THIRD ORDER OF BUSINESS Consideration of Minutes 1 I i'.1 <_, Wentworth Estates Community Development District September 25,2018 i 6 ' 1 Mr. Ward said this item was the approval of two sets of minutes; the first was the May 10, 2018 Landowners' Meeting. He said if there were any additions, corrections or deletions to so indicate; and hearing none, he called for a motion to approve. On MOTION made by Mr. Newcomb, seconded by Mr. Oliver, and with all in favor, the minutes of the May 10, 2018 Landowners' Meeting were accepted. Mr. Ward said next were the minutes of the regular meeting on May 10, 2018. He said if there were any additions, corrections or deletions to so indicate; and hearing none, he called for a motion to approve. On MOTION made by Mr. totter, seconded by Mr. Newcomb, 1 and with all in favor, the minutes of the May 10, 2018 regular meeting were accepted. FOURTH ORDER OF BUSINESS Consideration of Audited Financial Statements for Fiscal Year 2017 Mr. Ward said these Audited Financial Statements had been duly filed in June of this year as required by law. He said Tony Grau from Grau and Associates was on the phone and would review the statements with the Board. Mr. Grau stated the audit opinion was on Pages 1-2, and it was a clean opinion. He said Page 4 was a statement of net position which showed figures for 2017 and the prior year. Page 5 was the changes in net position, basically the income statement. He said the financial statements started on Page 7; Page 9 included the governmental bonds, which showed the assets and liabilities in the fund balance: Page 11 was the income statement. He said the footnotes began on Page 13, and Page 20 showed a debt of $25 million as of December 30, 2017, and that debt was refinanced in February. He said there were no findings. One question was asked if all funds were collected from all taxpayers and had there ever been someone who had not paid. Mr. Ward responded that the District utilized the uniform method which meant all of the assessments were on the tax bills. He said to the extent that someone did not pay the entire tax bill, then that bill was subject to a tax sale certificate. He said if any certificates were sold, then the District would get the money. He said the collection rate was very high, 97%-98%. Mr. Ward called for further questions, and hearing none, he called for a motion. 2 I I' Wentworth Estates Community Development District September 25.2018 16 t I. On MOTION made by Mr. Newcomb, seconded by Mr. Cody, and with all in favor, the Fiscal Year 2017 Audited Financial j. Statements were accepted. FIFTH ORDER OF BUSINESS Public Hearings Mr. Ward stated the primary purpose of the meeting was to conduct two Public Hearings. a) Fiscal Year 2019 Budget [Resolution 2018-13] Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. Oliver, seconded by Mr. Newcomb, and with all in favor, the Public Hearing was opened. j Mr. Ward stated he had not received any written comment or testimony with respect to adoption of the budget. He said there were two members of the public present, and he asked them if they had any comments. Hearing none, he called for a motion to close the Public Hearing. On MOTION made by Mr. Newcomb, seconded by Mr. Cody, and with all in favor, the Public Hearing was closed. Mr. Ward asked if the Board had any questions or comments. He said the Budget had not changed since it had been presented to them in May. He informed them that he had updated the Projected Fund Balance on the General Fund through the end of this fiscal year, and there should be $45,000 in cash in the bank. He said he wanted it to be about $100.000, so they were about halfway there. Mr. Ward stated if there were no questions, he would calf for a motion. On MOTION made by Mr. Zotter, seconded by Mr. Cody, and with all in favor, Resolution 2018-13 was adopted. b) Fiscal Year 2019 Imposing Special Assessments;Adopting an Assessment Roll, Approving the General Fund Special Assessment Methodology [Resolution 2018-14] Mr. Ward called for a motion to open the Public Hearing. "On MOTION made by Mr. Newcomb, seconded by Mr. Zotter, land with all in favor, the Public Hearing was opened. Mr. Ward asked the audience if there were any questions. 31Page Wentworth Estates Community Development District September 25,2018 16 1 An audience member asked what the reason was for the Special Assessment. Mr. Ward responded there were two assessments: One was the capital assessment which was an ongoing assessment in which residents pay yearly for the infrastructure within the Community. He said there was about 20 years left to pay. Second was assessment related to administrative operations of the District. It was asked if this was a new assessment, and Mr. Ward responded it had always been there. It had increased slightly this year because the cash balance was low. He said it was $162 last year and $176 this year. Mr. Ward called for further questions from the Public, and hearing none, called for a motion to close the Public Hearing. On MOTION made by Mr. Zotter, seconded by Mr. Newcomb, 1, and with all in favor,the Public Hearing was closed. Mr. Ward called for a motion to adopt Resolution 2018-14. On MOTION made by Mr. Oliver, seconded by Mr. Newcomb, 'and with all in favor, Resolution 2018-14 was adopted. SIXTH ORDER OF BUSINESS Consideration of Resolution 2018-15 Mr. Ward said this Resolution set the regular Board meeting dates, times, and locations for next year. He commented that he expected maybe four meetings. and they would be going to a 10 o'clock meeting time. The final choices were up to the Board. This was discussed, and it was decided to schedule a meeting every two months. Mr. Ward said they would start in November, and the meetings would continue to be at 8:30 a.m. The meetings would be in November, January, March, May. and August. Mr. Ward called for a motion with those changes. rOn MOTION made by Mr. Oliver, seconded by Mr. Cody, and with 1 all in favor, Resolution 2018-15 as amended was adopted. SEVENTH ORDER OF BUSINESS Consideration of Resolution 2018-16 Mr. Ward explained items 7 and 8 were companion items. He said Seat 2 was Mr. Negip's seat, the seat that was scheduled to be up for a qualified elector election in November of 2018. He said the qualifying period ended in June, and no one had qualified for that seat. Therefore, he said as a matter of law, the statute provided the Board to declare that seat vacant. He said between November, 2018, and February, 2019. the Board had the 4I ' 611 Wentworth Estates Community Development District September 25. 2018 opportunity to put someone in that seat. He said this also included Seat 1, Mr. Newcomb's seat. Mr. Ward asked the Board to declare the vacancies in Seats 1 and 2 by Resolution. He called for a motion to adopt this Resolution. '!On MOTION made by Mr. Newcomb, seconded by Mr. Zotter, and with all in favor, Resolution 2018-16 was adopted. EIGHTH ORDER OF BUSINESS Consideration of Resolution 2018-17 Mr. Ward asked the Board to fill these two vacant seats, which was required by law. He said he had put Mr. Newcomb's name in Seat 1, and it would be up to the Board to fill Seat 2. The Board nominated Mr. Andrew Gasworth for Seat 2. On MOTION made by Mr. Zoter, seconded by Mr. Newcomb, and with all in favor, Resolution 2018-17 was adopted. Mr. Ward welcomed Mr. Gasworth to the Board and informed him that his seat would be available as of November 20, 2018, which was when Mr. Negip's seat would end. NINTH ORDER OF BUSINESS Consideration of Resolution 2018-18 Mr. Ward stated this Resolution ratified the letter of understanding that he had signed with TB Master Turnover, Inc. to provide the District with $10,000 for the purposes of inspection of the main entry bridge, which was now completed. He said TB Master Turnover had provided the funds. and that money would be refunded probably in December. Mr. Ward called for a motion to adopt the Resolution. On MOTION made by Mr. Newcomb, seconded by Mr. Cody, and with all in favor, Resolution 2018-18 was adopted. TENTH ORDER OF BUSINESS Consideration of Resolution 2018-19 Mr. Ward stated this Resolution amended the Fiscal Year 2019 Budget and provided for the addition of the bridge inspection and some reserves, and it recognized some revenue left over from the bond issue. He called for questions, and hearing none, called for a motion to adopt the Resolution. On MOTION made by Mr. Oliver, seconded by Mr. Newcomb, ;and with all in favor, Resolution 2018-19 was adopted. 5 P 1,6 t Wentworth Estates Community Development District September 25,2018 ELEVENTH ORDER OF BUSINESS Staff Reports Attorney -No report given. II. Engineer Mr. Keyser reported the bridge inspection was completed, and there were a few minor repairs. He said the condition was found to be very good. Mr. Keyser also reported he was sorting through the irrigation system. Mr. Ward added that the couple of items which needed repair on the bridge totaled less than $1500. He said the load rating on the bridge was about 52 tons. He stated a copy of the complete report would be sent to the Board and TB Master Turnover, Inc. The question was asked if the intention was to allow commercial trucks over the bridge. Mr. Keyser responded there was a sign up that said no trucks on the bridge. He said that sign blended into the landscaping. He said in speaking with the inspectors, the bridge was 1.5 times the capacity which required posting of capacities, and the inspectors felt it was a nonissue. Mr. Keyser was asked the typical weight of a dump truck. He said 36 tons was the weight the bridge was rated for, but he could not say what the weight of a dump truck was. The comment was made that residents would want to know that information. Mr. Keyser said he would be talking with the inspectors again. The comment was made that probably there would be more than one truck on the bridge at a time with construction going on. Mr. Keyser responded the rating was for the structure of the bridge and not for the wearing surface, the pavers. He said these would fail long before the bridge. He said the pavers were probably what the residents would notice. Mr. Keyser was asked if large trucks would accelerate the degradation of the pavers, and he responded positively. Mr. Ward said he would not have a problem with, when he transferred the report to the HOA, to advise them that the Board was comfortable with posting a "No Trucks" sign on the bridge, no construction trucks. It was suggested that a weight limit be posted. like no trucks over 30 tons, 10 tons or whatever, as most truck drivers know their vehicle's weight. Wentworth Estates Community Development District September 25,2018 bt1 This issue was discussed. Mr. Ward stated he would ask the Master Association to deal with the sign posting. Mr. Ward also stated he would talk to Lennar and see if they would wish to dedicate the rear entrance to the District. III. Manager - No report given. TWELFTH ORDER OF BUSINESS Appointment of Mr. Gasworth Mr. Ward explained that with the resignation of Mr. Negip on September 6. 2018, the Board could appoint someone to fill his unexpired term. The Board appointed Mr. Gasworth to fill the unexpired term of Mr. Negip. !On MOTION made by Mr. Newcomb, seconded by Mr. Zotter, and with all in favor, the appointment of Mr. Gasworth to fill the .unexpired term of Mr. Negip was approved. Mr. Ward said he was a notary in the state of Florida and authorized to administer the Oath of Office, and he did. Mr. Ward gave Mr. Gasworth the Form 1 Statement of Financial Interest which he said should be filed with the supervisor of elections in Collier County within 30 days to avoid a fine. He also provided a Guide to the Sunshine Law and Code of Ethics for Public Employees, and briefly explained these documents. The comment was made that if a Board member was asked a question outside of a meeting, that individual should be directed to Mr. Ward. THIRTEENTH ORDER OF BUSINESS Consideration of Resolution 2018-20 Mr. Ward explained this resolution re-designated the officers of the District with Mr. Gasworth as an Assistant Secretary. He called for a motion to adopt this resolution. 0 MOTION made by Mr. Newcomb, seconded by Mr. Zotter, I and with all in favor, Resolution 2018-20 was adopted. FOURTEENTH ORDER OF BUSINESS Audience Comments and Supervisor's Requests Mr. Ward called for any supervisor requests or audience comments, and there were none. FIFTEENTH ORDER OF BUSINESS Adjournment 7IPage Wentworth Estates Community Development District September 25,2018 1 E7 1 1 On MOTION made by Mr. Newcomb, seconded by Mr. Zotter, and with all in favor, the meeting was adjourned. The meeting was adjourned at approximately 9:15 a.m. Wentworth Estates Community Development District James P. Ward, Secretary Joseph Newcomb, Chairman 8I1'age OATH OR AFFIRMATION OF OFFICE 16 r 1 I, 11K% —64.i 6,,, ,Le -ti a citizen of the State of Florida and of the United States of America, and being an officer of the Wentworth Estates Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Wentworth Estates Community Development District, Collier County, Florida. S i ature\ , Printed Name: 1I'u ,J f Cl,x.i l,'/\'S .-// STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this ) day of ,�-4-,4-L—`,4i.0v-,C , 2018, by .AVZ4zr,z,;. C.i9_1-t1d,/.A , whose signature appears hereinabove, who is personally known to me or who produced as identification. /fA4// 'd NOTARY PUBLIC STATE OF FLORIDA 40[iBi:-00iJe,esuivmsAa .1.41tI L3 .;i;., OZOZ'14�ieri se�idx3 .3 .� UOlss'LWC ••: :•` Print N me: soe996AJ$ �'. y.1S i aPM'dS_1v.r .. My Com ibaPirS BMW '0;,-Nr1116 NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# WENTWORTH ESTATES CCD 2091738 WE Notice of Budget Steven DeVito Pub Dates August 22,2018 August 29,2018 •t� &t (Sign ture of affiant) 1 M "' KAROLEKANGAS 1 1 / f Notary WWk-State dFlodda Sworn to and subscribed before me • :`` CommissiontGGu6o+t This August 29,2018 `,3 ,;,,,,"� mm 29'2021 w n., 4or Na4yAva 1 (Signature of affiant) 72A 1 WEDNESDAY,AUGUST 29,201a 1 NAPLES DAILY NEWS Shooting suspect was able to buy guns despite mental illness 16 I 1 Michael Blesecker _ . er,with visitation rights to the father. and David McFadden ___ At times David"curled up into a ball," ASSOCIATED PRESS ,---. refusedto attend school and sobbed,she said.She asserted that her ex-husband BALTIMORE-Even though the sus- instructed David not to take Risperidal- pect in a shooting at a Florida video , - - CRIME SCENE UNIT an anti-psychotic medication pre- game tou rnament had been hospitalized scribed to him The father claimed in for mental illness,authorities say he was I court filings that David was not"diag- able to legally purchase the two hand- nosed as psychotic." guns he was carrying at the time of the ,,, He missed large stretches of school attack, while under his mother's supervision. David Katz had a 9mm handgun and - i O1A1 it, He was admitted to the nearby Sheppard .45-caliber handgunwhen he opened ,- ---- s er t Pratt mental health system for about 12 fire Sunday at a gaming bar inside a col- '"` days in late 2007.Court documents saya lection of restaurants and shops in Jack- — -+• �_ a' iY1 ' psychiatrist at that time administered sonville. He killed two people and ; antidepressants.He later spent about l3 wounded 10 others before fatally shoot- days at Potomac Ridge,a mental health ing himself during the"Madden NFL 19" - services facility in Rockville. tournament. Richard Katz,a NASA engineer,said Divorce filings in Maryland from C_. • his ex-wife had"an obsessionwith using Katz's parents say he was twice hospi- mental health professionals and in par- = par- talized as an adolescent in psychiatric 'r - es titular psychiatric drugs to perform the facilities and was prescribed antipsy- • •, - , work that parents should naturally do" chotic and antidepressant medications. Wi:"�epr- ' A He said she routinelygave false informa- When buying the weapons,the 24- - - --` • ban to mental health care providers.He year-old Baltimore man would have A law enforcement Investigator puts protective covers over his feet Monday described one incident in which his son been required by federal law to disclose before entering a building that was the scene of mass shooting at The was handcuffed by pollee after locking whether he was ever involuntarily corn- Jacksonville Landing In Jacksonville,Fla.David Katz,24,of Baltimore legally himself in his mother's car in an attempt mitted to a mental institution. purchased the 9 mm and.45 caliber handguns used in Sunday's shooting eta to avoid going to a mental health sp- in addition,in Maryland,where Katz video game tournament that killed multiple people and wounded several others. pointment with her. purchased the weapons,state police re- JOHN RAOUX/AP Ina 2010letter,David Katz wrote a let- quire gun buyers'consent for a state ter to amagistratejudge saying he want- health agency to disclose whether they ed to live with his father and describing suffer from a mental disorder,have a inclusion in the database used for gun- cent,often refusing to go to school or his mother as"pretty crazy."He said she history of violent behavior or have been purchase background checks. bathe.Elizabeth Katz,a toxicologist at called the police to the family's home confined for more than 30 consecutive The divorce records show Katz's par- the Department of Agriculture,said she about 20 times and"gets drunk."He days to a mental health facility. eats disagreed on how to care for their confiscated some of her son's gaming blamed her for his poor grades. The divorce filings do not clearly in- troubled son,with his father claiming equipment after finding him playing in Despite the problems,Katz graduated dicate whether Katz was hospitalized his estranged wife was exaggerating the wee hours. from Hammond High School in Colum- voluntarily or involuntarily,and the two symptoms of mental illness as part of "His hair would very often go un- bia in 2Olt He went onto attend the Uni- hospitalizations described in the docu- their long and bitter custody battle.The washed for days.When I took his gam- versity of Maryland,though he did not ments were both shorter than 30 days. couple divorced in 2007. ing equipment controllers away so he earn a degree. In addition,Katz's hospitalizations may Jacksonville Sheriff Mike Williams couldn't play at 3 or 4 inthe morning,I'd Katz used the gamer tags"Bread"or have occurred before the Maryland Leg- has declined to comment on the gun- get up and find that he was just walking "Sliced Bread"when competing.The isiature revamped the state's firearms man's motive. around the house in circles,"the mother game's maker,EA Sports,lists a David laws following the 2007 mass shooting The suspect's father,Richard Katz of said,according to a transcript in the Katz as a 2017 championship winner. at Virginia Tech. Baltimore, and his mother, Elizabeth court files. On the Madden competition circuit, "It appears that these disqualifica- Katz of Columbia,Maryland,did not re- At one point,she put his gaming con- Katz was known to barely speak to fel- tions did not apply to David Katz,"said spond to phone messages Sunday or trolleys in her bedroom behind a locked low garners and sometimes exhibited an Daniel Webster,director of the Johns Monday.Efforts by The Associated Press door and he punched a hole in the door, erratic playing style,according to other Hopkins Center for Gun Policy and Re- to reach them at their homes were also she said. competitors. search. unsuccessful. Elizabeth Katz said her youngest son "We've always known he was a little There is no federal requirement for The Howard County,Maryland,di- had increasing difficulty concentrating off and stuff just because he wasn't so- psychiatric hospitals or courts to report vorce filings say David Katz played video following his parents' split. A judge cial at all,"Shay Kivien,21,of Seattle, involuntary commitments to the FBI for games obsessively as a young adoles- awarded custody of the boy to his moth- said Monday in an interview. JOBFAIR WENrwORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPnON OF THE FISCAL YEAR 2019 BUDGETS;AND NOTICE OF WEDNESDAY, SEPTEMBER 5`",2018— 1 OAM—3PM PUBLADOPTION OFNG TO CONSIDER THE IMPOSITION OF AN ASSESSMENT ROLL,AND ME LEEW,COLLECTION,CE AAND ENFORCEMENTND OPERATION E OFL THE SSAME:EAND NOTCE OF REGULAR BOARD OF WPERMSORS'MEETING. RESORT DINING The Beam of Supwi.orafor the Wentworth Eetet.Communiy Dwelopment Diwct will hold be public hearings Cooks,Servers,Hostess,Utility and a regular e 02W mooting on Thumb,,September 20,2018 et 0'.30 am.at the TPC Tour Gub.9800 Trento Bay Boulevard,Naples. The perm..of t.rim public hewing is to put r puro public comment«a objections on the Fiscal Year 2010 CLINICAL CARE P is Budgets.The first public hong being conducted t to chepter MO.Florida DiMMea.The puma,.of Pr second public h.nng is to consider the Imposition of...cal assessments m fund the Cnt°ct'a wp«ed operation and CNAs,LPNs,RNs for Medicare,OT,PT maintenancebudget Mr Fisce Year 2019 u n de lands Iota whin the District, which lam shown below consider rot en lowed .levy.collection.u"blco oFbada law including Chwtere 7, t Moo FACILITIES he conclus on of the ublic t Po°the a arard MIL ear«pwfon,ad the budgets and levy am Floridaio fund Statutes.`operation end maintenance budget as finally approved by the Board.A I«board meeting of the District will We be held when lee Housekeeper,Maintenance,Painter,Inventory Specialist, Boardy "" ° ""°°""'«'sa may prop,c.:rtwragmmre''L GM Buildings&Grounds be obtained at copy of aetnctt°Maanag preliminary Phone assessment 9°'nssetem9GE0 end normal for to hours seven n)ien+in adan:e of the hewing.In addition,you may.bun a spy of the prop..budget immediately on the District's web site Onsite Interviews myw.wny7-nnasMtascaa ors The special assasaments we en rely rec and are ueiY levied arts HIRING FULL TIME,PART TIME&ON-CALI- moments.TM table below pr«nn the proposed en.aule of operation and may ter',e°tce assess:anon for Fi«al Year 9.aAmounts are preliminary and subject to mange et the hewing and In any Iwme year.I early d.a nt discount as afforded by law.Non Mat Evil.e oaweeone and rantenanc..s«amen.The below do subject include ny awet.00(IMPMINIM previously I..by me blurrier and due to be colleted for Fiscal Yew 2019. P...ed sandal.a ORI MOORINGS P�KA P:runt) 8.08 Comnwmial(Par urtl $170.09(N.ignw 82 units) Simply the Best? The tax collector will collect Me assessments pawed to Me uniform method,The Diablo may choose to collect Me assessments far Menlo,awned Land^..:r pursuant to the uniform method. 120 Moorings Park Drive,Naples,FL 34105 Falnrato p.Y th.eve«.merits wl c.s..Mac.rtificat.foba.ued.galna th.pm.m which m.y,.un'rn. 239-4304343 I Jobs,Moorings.Park.org lea.of tnl..ul.meted PnP.•n awns.has.moo rss m.p.ar N cos public loosing.aria moo right C rile wntNn ab).ar ate nth the DiMct within went,(20)dams of publication of this nave. ,... The pubic hewing.and meeting weapon to the Wok and Ma M conducted In eccomarwawnh the pmvleions of FloWa Lawlor Community Daournent Obviatemeting hearings end eting may continued te•date,tor.,end place top« m«Na specified on Me word heroine m- —~,use, _ 4 Then may be occasions when start or bor)mmu.,,con'pardcipale by speakerh.Arn,n.. Anl `s t • -"Too • a the CT..OM.at MS8)8erson 38-4900 at lead farymight OM MuiN accommeation•at this m ploy to Me disability on you arehearwiing or m'nt.h. Jh con rrt'oleasecon ear,Florida Patsy Sena bli Ong 7-t-too p tt00i0S-077t(T1Y)/I-B00-955-9770(Voice),for aid In • ,1161'11 II IL.)' Meting the OMriet ManyMe Office who deaden to appeal any Weldon made by the Beard Mth roomette any matt.considered at Ma • W M...wings or�rreeet'rnu is*ad that person we reed a record of proceedings end that.owlingN T peson may need ensure that a verbatim word of Me proceeding.erne.,inching Bed testimony and evidence upon which such imp,is to to crow. • arth SW.CemmWty Da*rmaa OW. IlE tEl 00 0 [1 000 0 0 D MOD 0 0 DD///itt JamasP.Ward,thsVhManager i Jl Your choice of a 50-min Swedish Massage,50-min Signature Organic Facial, s`YI..J •90-min Manicure/Ritual Pedicure,OR 90-min Color&Style ) r",,, $129++per service(includes pool access monday-thursday) �\ \% $109++per service(no pool access) \\ r f•r Plus,enjoy two glasses of champagne,15%e off spa retail on the day of service, -- Sr I and access to spa amenities. 'Complimentary Valet Parking •'> AI NAPLES RA D Gi 475 SEAGATE DRIVE,NAPLES,FL 341031 NAPLESGRANDE.COM/SPA I(844)589-9869 ,Tabula,•chong cannel in comhrned,..,ii other 111C,: not August u.zs,xme No-2o9nsB ndus are of 22.%serw,a emery.r.,taw pool acorn,mondey-thursd.y Print:,estocoons mayappiy. 161 1 , : a rE Battu rwEi NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# WENTWORTH ESTATES CCD 1798312 WENTWORTH ESTATES CO Pub Dates November 19,2017 ataitt 6V-i6,6zzl (Sig ture of affiant) ' KAROLEKANGAS fi NWryPublk-St*cfFkMa Sworn to and subscribed before me `_ cneswf i 2021 This November 20,2017 `�'?a' ;,;d,,,�O""",,,,�,,,, ,;,,;,, WW1 CrAern (Signature of affiant) 26D r SUNDAY,NOVEMBER 19,2017 E DAILY NEWS Bu�io.•.�0!ili�irt,i,.�l i., I'.,.,�t ',T '.t.���, C.ImpCrS N RV's Sports and II,nnr is I Request for Bids t I LIQUOR LICENSE CUMMINOS ENGINE BIG SKY MONTANA 2014 '04 MUSTANG DELUXE Cony. J Quality Enterprises USA, Collier County.Great terms Mode162TA-430HP ezc con- 39ft long, 1 master BR; 40th Ann.all power,leather. Inc.is seeking quotes from available!No liens.Clean! damn;in boat and running; 1.5Baths; 3 slides, fully A-1$3,900(201)401-7768 Certified DBE,WBE and MBE Realty Masters 954.214-8322 new turbo.4000 hrs.Also equipped:(2) Flat screen' '05 JAGUAR XKB Convertible Ccmetc•ry Lots subcontractors and suppliers twin disk gear. 350 hrs: TVs;Washer/Dryer;Electric for the following protect: MG5075A $15,500. Also Awning; and Fireplace! Triple black,former n ear, shaft, rudder, V struct. Black/Tan/Grey/Brown excellent Condition. Mead W MAUSOLEUMide,ina SPACES,SIDE pine Ridge Road Intersection Rion muffler and 2 props. $41,500.Must see!In Naples turner.1 owner,only 70K mi -by-side,in Naples Memorial Improvements A Logan Blvd Call Tom:(502)592-7831 522,000.(239)765-0642. Gardens;$13,000 for the pair. and Airport Pulling Rd Fly bridge and top off 34ft '06 MASERATI GRANSPORT <239)353-516d WANTED ALL MOTOR HOMES Collier County,Naples FL FITZ. SPYDER CONY,33K mi.silver y AND CAMPERS.Any cond. g32,900.(239)-2697713 Wheels/Recreation Count Bid No.1-7228 Cash Paid. (954)789-7530. (2)E-Z anchor pullers w/425 Quotes ire December 12 Financial ft 1/2 line$1250 each. '07 MERCEDES-BENZ SL550 2017 (2)Frigid Rigid coolers,67 qt Motorcycles/Mopeds Cony„78K mi.Black/beege, $200 each 2006 ROAD KING HARLEY 2nd owner.Great condition. Interested firms should ACCREDITED INVESTORS (4)Pompanette folding deck $17,500.(239)-774-5874 submit a detailed letter of ONLY.30-12%Return chairs,exc cond.$150 each. DAVIDSON 6K original mi..1 interest which includes: Qrtly Distribution AND Dock box 7-1/2ft x 28.5250 , owner,2 sets of saddle bags ,0E cOcord.49YOTA K(m�white/tan[an and i, fiberglass&leather.Many Buy Sell here' List of services provided, Equity.(239)273-1087 (339)450-2650. extras&chrome. Midnight ext.warrantyy til Mar.2020 _ Copy of Certification,list MAGIC TILT Blue.$10,500.(305)778-1035. $12,500.(239)304-8270. • of prprojects usly completed i i protects with references. G® 19 New r ED sole,TRAILER 'II CORVETTE GRAND SPORT 17-19'eds re axle.bearings. 12.<r,,11 i'il,il Sl'r,in, CORVETTE GRAN speed, Information can be faxed to hubs,winch etc.Port side P PCrson.Us frame rusted,functional OWN YOUR COVERED RV Ju 45K mi New Michelins E36,995 (239)435-7202 but needs repairs EI50.obo OR BOAT PARKING SPACE! 2017 CORVETTE$8 CONY. ST.JUDE,THANK YOU Call or Text(239)-825-3000 www.hideawayrvcondos.com flOCall(07)530 37765 FOR ANSWERING ALL MY NOVember�/9,2017 No!1829346 Boats/Motors/MarinC MIKE PRICE 239-340-0665 PRAYERS. JEANNE B. THE MARINA AT Germain Properties of Naples lU V W BEETLE 2.5 L CONY. STORAGE: MOTORNOMES 9K mi.Perfect Cond!.White FACTORY BAY RVs, boat, auto. Covered $17,000. (239)777-9212 r I rR There's FORMULA available. (239)643-0447 1990 PORSCHE 911 Cony. Marco Island 60K original mi.Red ezc/black Slip will accommodate Rc cr,ifi..rial Trade,. int.$55,000(305)778.1035 47'LOA 19'Wide: 1996PORSCHE993C45 Notice Of Sale no 2018 OUTBOARD MODELS Deep Water Marina, THIS WEEK'S SPECIAL 14K miles,Arena Red. 1 310,330,CBR,350&430 Direct Access to Gulf Several Used Park Models 5149,900. (239)269-7713. NOTICE OF SALE SEE NEW OB MODELS...r No Bridge Issue: As Is"starting L$1,995. Public Storage,Inc. FT MYERS BOAT SHOW Concrete Floating Docks; HOLIDAY RV TRth US AILER SALES 1998 ASTON MARTIN DRY PS Oranpeco y� NOV.16-19 Clubhouse;Pump Out.n 19710 S(239)590400Ft Myers Conv.Collector car 3K mi. Personal property consisting Y 77 $49,900(239)269.7713. of sofas,TV's,clothes,boxes, Reduced for Quick Sale household goods and other muss s.srrrr.'•, _ 2003 les,w SENTRA �!�_e rosri0tnst5.striaz S: (2 home,office Property used be 1I.rE rL(` ztailll-ziw Call Paul (239)253-4755 tuns miles,well needs pined• oleo or a disposed will I runs great, ne281 paint. sold or otherwise disposed es 39' TROJAN 1996 Express Campers S.RV's E1,000.(239)209-2818 &times sales on the dates Cruiser, Twin engines 2011 Coupe, Gramurismo &times indicated below to ^_,�^ 2008 TIEPIN ALLEGRO BUS satisfy Owners Lien for rent here $17,000.(630)244-3370. 43 it.4 Slides,4 TV's,425 Classic Cars S Coupe,Lt Blue/Ivory,23K & fees due n accordance mi;Recent Service,Perfect! HP Cummins diesel,loaded with Florida Statutes: Self- BOAT DONATIONS NEEDED with options,excellent cond. CHEVROLET CORVETTE 1964. S49,995. (239)331.7731 Storage Act,Sections 83.806 to Sponsor(ship) Located in Naples.$135,000: Silver int.,chrome engine. 2014 MASERATI GHIBLI Q4 &83.807.All items or spaces Youth Sailors of America. Call(701)388-0168 Showroom Gelid!In Naples, 16.300 miles, white, black may not be available for Will go to good home. call(440)554.5215. interior,very good condition. sale. Cash or Credit cards Real Estate Call Matthew(361)558-4640 co Wheels/Recreation $40,500.(314)409-8466 only for all purchases&tax BOAT SLIP:MARCO ISLAND ( ne applic Buy&Sell fast! 240K9 MERRCCupe.ODIEOwner resale cert able.ificates required,if 44' max, direct access; Marina at Factory Bay.All $2,800.(239)273-4104 Public Storage 25435 amenities meld.$450.no. � Porsche 912-911 Wanted BENTLEY ARNAGE T 2003. 3555 Radio Rd. 11n Avail.12/15t.(202)256-2072Mulliner Edition.31K mi. Naples,F1.34104 Byonitiolo2alb06.3 ® •. 2004 Snew tires, 24'NO SLIDES Any condition 239.2063I10 $39,900(239)269-7713. November cacti. 1017� CAPTAIN'S LICENSE A/C,new tires,ad Cowin 11:00am -R Naples 877V 35-31 500 Good condition!)585 PORSCwhite,n2S-vestme tcK B027-Reis,Stephen Dec.4th 877-435-3187 $5800 in Bonita(8I0)516-8785 Automobiles for Sale miles,white.investment car. rot MERCEDES E320 Loaded E189,000. (239)269-7713. Public Storage 15843 All options,sunroof,perfect 235Colonial Blvd $3,200.obo(239)-253-4864 Sport Utility Vehicles Ft.Myers,FI.33907 November ly Bal2k 1:OOpm '06 CHRYSLER§EBBING CONY •0a FORD ESCAPE Silver.6 cyl. 116-Beverly Balk 78K mi,52950 Excellent cond. auto.4 W D,All power,65,800 1st come 1st serve 963-50te mi.$9K obo(239)450-7541. Public s800e9e 25805 Yours •07 CHRYSLER 300C Limited 3232 Colonial Blvd V"`"" Edition,25K mi.All options, mer,,,yeles/Mo weds Ft.Myers,FI.33966 black/beige • interior. Exc. P November 29th,2017@2:OOpmo. cond.§10 (239)947-6042 2003 HARLEY HERITAGE SOFT �320-Ba�anlAnOerson locci1 @G�.S '14 MERCEDES E350 CONY. Tail 100 yr anniversary see- November 12,19,2017 13K mi.loaded,pearl white, vial;Classic black;37K Mies. No.1811397 beige leather interior.AMG $8000.Call(317)513-5406 Pkg.$40,000.(239)594-8261 PUblic NdtiCCs Pllblir,Notices d st 2006 TOYOTA AVALON XL V.iris Silver;Gray inn;power seat, WENTWORTN ESTATES COMMUNITY DEVELOPYET DISTRICT always garaged kept;per- '00 FORD ECONOLINE E250 REQUEST FOR QUAMFlCATNINS-DISTYtt ENGINEER fectly maintained;only 80K 12 Passenger,80K mi.$101 miles! Excellent condition. Good work van(239)269-2710 NOTlCE15 NEREBYGIVEMthatthe Wentworth Estates Community Maintained in Florida for last IN CHRYSLER TLC Touring Developmenh District located in Collier County, Florida 9 yrs.f7100.(708)906-6085. L, all ptions, warranty, announces[hat professional District eng nearing services well 2006 TOYOTA COROII.A SE. maculate, 30N red, be required on a continuing basis,with services to include Silver,4 door,factory sport DIS SS0 (239)304-0006 planning,preparing reports and preparing plans,designs and maintainetl;/complete meillll 2000 CHEVY G3500 1 Ton iPetitications an behalf of the District. tenance ecords; 124,000 Car o Van,VB a.BL,109K mi. The engjneeriny firm selected will act in the general capacity miles;great condition,$5500 oofracks,shelves,deadbolt of District Engineer and provide the District with engineering or best offer.(239)591-3838. locks,great condition. services,as required.Any firm or individual desiring to provide $11,500. 239.641-1885 professional services to the District must furnish a resume of T 00 a ee• arhpe e g; CHRYSLER TOWN a COUNTRY its qualifications s and pasting data. on Standard Form No.330 White Excellent condition, 2010.200K miles.Runs well. with $5,500.(239)253.8902. $3K/obo.(239)465-3746. The District will review all applicants and will comply with the Wheels/Recreation 2008 CHRYSLER TRYSLEmRISEBRINand DODGE GRAND CARAVAN State procedures as established by the DOn$Ultants'Campebtive red/black,clean tan ot,all 2014.Wheelchair Van with Negotiations Act, Section 287.055, Florida Statutes. All power f6300.(239)298-I118 10-lowered fir, p&tieapplicantsth interested must submit one(13 pdf file electronically downs.(239)494-8267 to the District Manager at Jim Ward®JPWardAssociates.com of '99 UNCOLN TC Sig.113K mi. Standard Forms No.254 and 255(or such replacement forms) Mint. condo garaged, Miland letter of interest by 12:00 P.M.,on Wednesday November tinted.$4,495.(401)742-8633 1,2017.In addition,please submit(6)bound printed copies,All IRO AUCTION ::lcants mustinsuredelFeryofthe electronic submittalby4-l. laLYinp the District Manager.�!'ti400Classic Can, pplicants have any questions,they may contact theDistricta - REms• Exotics A:Nstoms ager as(954)fi50-4900,or at 2900 Northeast 12thTerrace, (--, Dec lsCharloHearho 2nd Punta �rda,rt land Park,Florida 33334 Bu VehklaConventioCenter Y a Tetrad's.Amerin MuscleAtworth Estates Communty DerelopmeiN DlsWctHelps doCarsariry Classic CanFeatudn es P.Ward Condo Can!! John Lennon' ercedes Oct be M Convertibles Benz Roadster. October 19,2018 No.1798312 97 Chry.Sebring$1995 Register to Bid! Oremierauehongrou0-col Public Notices Public Notices 001 0 Se 0 08 7 like 2 995 844-593-7355 995VWrCab76o 53495S Public Welcome ORDINANCE NO.2017-5 98 Benz SL500 58995 BMW:4 used tires&rims. AN ORDINANCE OF THE CITY EVERGLADES CITY,FLORIDA, Luxury $95.Call 239-370-5377. RATIFYING ORDINANCE 2016-01;PROVIDING FOR RETROACTIVE The key to selling your 95 BMW 740 55995 NO tents please APPLICATION;PROVIDING FOR PUBLICATION IN ACCORDANCE 83 Eldorado Biarritz$7995 WITH THE REQUIREMENTS OF LAW; PROVIDING FOR 99 Towncar Limo 72k 59995 Ti.111,r•, SEVERABIUTY:AND PROVIDING FOR AN EFFECTIVE DATE Bar starts here Mini Vans SUV PROWLER TRAVEL TRAILER WHEREAS, the City of Everglades City adopted 96 Chrysler T&C$2995 used for storagge;complete Ordinance number cold-01 on January 12,cold;and 98 Ply.Voyager 52995 w/contents!$700. 571.6996 WHEREAS,in an abundance of caution,the City now 05 Ford Explorer 4X4$4995 ratifies Ordinance Number 2016-01. 05 Santa Fe 61.5 AWDss65495 V:'llicll'S W,iiil,uil 04 04 R.Cherokee oke 4X4$WD 5995 NOW,THEREFORE.BE IT RESOLVED BY THE CITY Reach localbuyyersinthe s803I0l�0CCles Wanted!Dead orAliveOo-p§ COUNCIL OF THE CITY OF EVERGLADES CITY,FLORIDA.THATt OS Suzuki BLVD.MC$2995 FREE PICK UP! 239-265-6140 nconpoNafed by ref erencebas U set forth I Ilythereinorrect and Localfieds.Easy scanning help 04 Yamaha V Star MC$3495 CORVETTES WANTED Top dollar.Cash today.Call SECTION 2. Ordinance Number 2016.01 is hereby Sedans 941-809-3660 or 941-923-3421 ratified. folks find 01 Mercury Sable$1995 your listing faster. 97 Volvo 960 SW$2995 STEARNS MOTORS SECTION 3. This Ordinance Shall applyy etroactively to 00 Volvo S80$2995 MOST TRUSTED January 12,2016,when Ordinance 15aer2016-OlwaslIZted. ((11 in �,�7 buyers. Volvo S70$2995 BUYER Since 1977. Get your adfront of real buyers. 04 Crown Vic.05 Hyundai Elanir$2995 a$2995 Rod I Vehicles or Jim 360 SECTION wit This h the requirements icof lawall be published in 97 Bonneville 9Ek$2995 Sellers start your engines! 96 Gr.Marquis 37k$3495 WE BUY CARS,TRUCKS,SUVS, SECTION 5. Each provision of this Ordinance shall he ! 99 Lasabre 95k$3495 thru E3495 Etc. ioOO O.from deemed separate and severable and if any section or part 97 Cad.Devine 99k$3495 Sam(100,0 5-4021 call thereof is held to be invalid by aa court of competent jurisdiction, 00 Sable Wagon$3495 the remainder of the Ordinance shall not be affected. 97 Crown Vic.78k$3995 AUtn Parts&Ace SECTION 6. This Ordinance shall become effective 01 Audi AB 53995. immediately upon its passage and adoption. 98 Lexus ES 300 54995 (4).PIRELLI Tins or trade i 07 Honda Accord EX$7495 Like New$440. trade for PASSED ON FIRST READING November 7,2017. Place your ad online SR.08 e a ra inventory 95 silver.(201)401-7768. See our inventory at BRIDGESTONE TRES PASSED ON SECOND AND FINAL READING November 28,2017. at naplesnews,com www.nadckids.com 285 45 22 like new$440 or Howell Grimm.Jr.,Mayor (click on cars for sale) trade for silver(201)401.7768 LVailenRad!IRnos CHRYSLER SEBRING CONVERT Johnnie Potter,Council Member 'Localfieds Donatearehicle Cover(boot),Tan;like new Help a beat ChiN $75 Call Dennis(239)821-8981 Elaine Middelstaedt,Council Member Call-m-F 102-98400-5 MCBeth Collins.Council Member M-F 92- Ale locals 1742 Commercial Dr. ATTEST: Parker Oglesby,Council Member Naples,FL 34112 DODGE JOURNEY 2017.Silver Dottie Joiner,CHy Clerk All power,great cond.20K mi. November 19,2017 No.1819375 $15K/obo.239.465.3746. k� ..-, 1 1 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday,January 10, 2019 at 8:30 a.m. at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairman James Oliver Vice Chairman Paul Zotter Assistant Secretary Robert Cody Assistant Secretary Andrew Gasworth Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Attorney Curt Keyser District Engineer Tony Grau Grau &Associates Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:30 a.m. and all Members of the Board were present at roll call. SECOND ORDER OF BUSINESS Consideration of Minutes Mr. Ward stated the second order of business was consideration of the September 25, 2018 Regular Meeting Minutes. He asked if there were any additions,corrections or deletions. There were no additions,corrections or deletions for the September 25, 2018 Minutes. I!On MOTION made by Mr. Joe Newcomb, seconded by Mr. James Oliver,and with all in favor, the September 25, 2018 Meeting Minutes were approved. 1I : le 1 Wentworth Estates Community Development District January 10, 2019 THIRD ORDER OF BUSINESS Consideration of Audited Financial Statement Consideration of the acceptance of the Audited Financial Statement for the Fiscal Year ended September 30,2018. Mr. Tony Grau with Grau and Associates reported the Audit Opinion, on Page 1 and 2, was a clean opinion which meant Grau and Associates concluded the financial statements were fairly stated. Mr. Grau briefly reviewed the Audited Financial Statement for the Fiscal Year ended September 30, 2018 including each section, net position, income statements, bond issuance costs, lowered interest rates, capital assets, general debt service fund (balance of $50,000 dollars), capital project fund (balance of $1.4 million dollars), governmental fund income statements, bond refinancing, capital assets, and investments. Mr. Ward stated the audit was completed and filed with the appropriate agencies. On MOTION made by Mr. Joe Newcomb, seconded by Mr. James Oliver, and with all in favor, the Audited Financial Statement for the Fiscal Year ended September 30, 2018 was accepted for inclusion in I'the record. FOURTH ORDER OF BUSINESS Consideration of Resolution 2019-1 Consideration of Resolution 2019-1 Amending Resolution 2018-3 Series 2018 Final Assessments. Mr. Ward stated the fourth order of business was consideration of Resolution 2019-1. He explained when the Series 2018 Bonds were refinanced provisions were provided which allowed partial prepayments by owners within the District, which was unusual. He stated he asked Mr. Greg Urbancic and Council to prepare a Resolution and Amendment to the Master Indenture which only permitted full prepayments of debt by owners during the balance of the remaining term of the Bonds. He indicated Resolution 2019-1 reflected these changes. Mr. Paul Zotter asked if there were any legal issues in this regard. Mr. Urbancic responded in the negative. Discussion ensued regarding partial payments complicating accounting. On MOTION made by Mr. Paul Zotter, seconded by Mr. James Oliver, I and with all in favor, Resolution 2019-1 was adopted as above and the `,Chair was authorized to sign. FIFTH ORDER OF BUSINESS Staff Reports a) Attorney District Attorney Greg Urbancic stated he was able to get a Deed from the Developer for ownership of the front portion of the property (the entrance area). Mr. Ward explained the CDD owned the signage and fountain; however, the land was technically owned by Lennar. He 21 16t1 Wentworth Estates Community Development District January 10, 2019 briefly explained the process involved in the transfer of the land to the CDD which required HOA permission. He noted Bob was instrumental in assisting with the HOA Board. He indicated fountain maintenance was included in the Maintenance Agreement which indicated the HOA was the responsible party. b) Engineer District Engineer Curt Keyser stated a few minor repairs to the bridge were completed including paint and handhold repairs. He stated the cracked paver coping repair was not yet complete due to difficulty locating matching paver materials. Discussion ensued regarding the cracked paver coping, structural integrity of the bridge remaining intact, difficulty in locating matching pavers, purchase of extra pavers for future use, the location of the cracked pavers, and possible causes of the damage. A Board Member 12:31 asked about trucks and the bridge. Mr. Ward reported the HOA intended to move the signs around to more clearly express trucks were not allowed to use the bridge. Discussion ensued regarding the signage, limiting truck usage to preserve the pavers, structurally the bridge could hold 53 tons, wear and tear on the pavers, the back entrance being deeded to the HOA, no construction vehicles or moving trucks being permitted through the back entrance by the County, only residential vehicles being permitted to use the back entrance, fountain signage, possibility of removing "Lennar" from the signage, Lennar possibly sponsoring events,the HOA being permitted to change signage. Discussion ensued regarding the construction entrance, consequences of the entrance closing, and the HOA speaking with the owner of the property on which the construction entrance was located. A Board Member 17:50 asked if the speed limit signs were the HOA's responsibility. Mr. Ward indicated all signage was under agreement with the HOA; therefore, the HOA was permitted to change signage. He explained if the CDD wished to change signage the CDD should coordinate with the HOA. Discussion ensued regarding signage, changing signage, and if the CDD changed or put up signage it might be responsible for maintenance of said signage. Mr. Ward noted the HOA was proactive with its responsibilities regarding maintenance and signage. c) Manager Mr. Ward stated the CDD repaid the$10,000 dollar loan from the Turnover Committee. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There were no Supervisor's Requests or Audience Comments. SEVENTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at 8:50 a.m. 3 1 " 1611 Wentworth Estates Community Development District January 10, 2019 On MOTION made by Mr. James Oliver, seconded by Mr. Joe Newcomb,and with all in favor,the meeting was adjourned. Wentworth Estates Community Development District James P.Ward, Secretary .- . comb,Chairman 4IPage tell �t BMW rwE1 NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# WENTWORTH ESTATES CCD 2127275 NOTICE OF ANNUAL MEE Pub Dates September 30, 2018 //di " altt iVa (Sign ture of affiant) ,••';;; ^•.., KAROLEKANGAS I 4 / F NWryPutik-State of Florida Sworn to and subscribed before me ComwdsslontGG126041 _'" My Comm,F�lnslul29.2021 This October 01,2018 ?"" aonelmaaohw wwawyAw (Signature of affiant) 16 ' t NOTICE OF ANNUAL MEETINGS WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Fiscal Year 2019 Regular Meetings of the Board of Supervisors of the Wentworth Estates Community Development District will be held on dates noted herein at 8:30A.M.,at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples,Florida 34113. October 11,2018 November 8,2018 December 13,2018 January 10,2019 February 14,2019 March 14,2019 April 11,2019 May 9,2019 June 13,2019 August 8,2019 September 12,2019 The meetings are open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. A copy of the agenda for the meeting may be obtained from the office of the District Manager, JPWard & Associates, LLC, 2900 NE 12th Terrace,Suite 1,Oakland Park, Florida 33334 at least seven (7) in advance of the meeting, by phoning (954) 658-4900. In addition, the agenda's will be available on the District's web site at www. wentworthestatescdd.org. Any meeting may be cancelled or continued to a date, time and location specified on the record at the meeting. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at these meetings should contact the District Manager at(954)658-4900,at least five (5)days prior to the date of the meetings. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770,for assistance in contacting the District Office. If any person decides to appeal any decision made with respect to any matter considered at these board meetings, such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is made at their own expense and which record includes the testimony and evidence on which the appeal is based. Wentworth Estates Community Development District James P. Ward, District Manager 5eptember30,2018 No.2127275 ita MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday, May 9, 2019 at 8:30 a.m.,at the TPC Tour Club,9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairman James Oliver(phone) Vice Chairman Paul Zotter Assistant Secretary Robert Cody Assistant Secretary Andrew Gasworth Assistant Secretary Also present were: James P.Ward District Manager Curt Keyser Calvin Giordano&Associates Bruce Bernard Calvin Giordano&Associates Audience: Joe Herring Stuart Axelrod President of the Treviso Bay Property Owners Master Association All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P.Ward called the meeting to order at approximately 8:30 a.m.and all Members of the Board were present at roll call. SECOND ORDER OF BUSINESS Consideration of Minutes January 10,2019—Regular Meeting Mr. Ward stated the second order of business was consideration of the January 10, 2019 Regular Meeting Minutes. He asked if there were any additions, corrections or deletions; hearing none, he called for a motion. 1 a e tbat Wentworth Estates Community Development District May 9, 2019 On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth, and with all in favor,the January 10,2019 Regular Meeting Minutes were approved. THIRD ORDER OF BUSINESS Consideration of Resolution 2019-2 Consideration of Resolution 2019-2 Approving the Proposed Fiscal Year 2020 Budget and setting the Public Hearing on Thursday, July 11, 2019 at 8:30 a.m. at the TPC Tour Club, 9800 Treviso Bay Boulevard,Naples, Florida 34113. Mr. Ward stated Resolution 2019-2 approved the proposed budget and set the Public Hearing date. He explained he was required to prepare and submit a budget to the Board before June 15th of each year and the Board was required to consider and approve it for the purpose of setting a public hearing, which was currently scheduled for Thursday, July 11, 2019 at 8:30 a.m. at the TPC Tour Club. He noted approval of the budget did not bind the Board to any programs or costs contained therein, but allowed the process to move forward. He noted, however, it set the cap rate which could not be exceeded once the budget was adopted after the Public Hearing;the rate could be lowered after the Public Hearing, but not raised. Mr. Ward noted this Budget reflected a substantive change from prior budget years. He reported on page 7 and page 8 was the Debt Service Fund Budget as it related to Series 2018 Refinancing Bonds; he explained the assessment rates did not change annually as related to the bonds. He reported the District was required to levy and did levy at the maximum annual debt service rate. He noted revenues and expenditures varied, but Debt Service was always paid as required. He stated as of March 31, 2019 $1,950,000 dollars had been collected out of$2,112,000 dollars in levied assessments(which was higher than normal). He reported the Operating Budget (or General Fund) was generally the same as in the past with the exception of the Stormwater Management Program. He indicated the HOA had brought to his attention the significant erosion damage to the water management system which was related to Hurricane Irma damage. He reported Calvin Giordano & Associates performed a full stormwater erosion assessment report which included damages, cost estimates, and a proposed plan of action for funding, repair and maintenance. He introduced Bruce Bernard with Calvin Giordano & Associates with whom he had worked for the past several years. Mr. Paul Zotter stated he wished to ask several questions prior to Mr. Bernard's presentation. He asked, on page 1, why the legal advertising budget amount had risen from $3,000 dollars to $10,000 dollars. Mr. Ward explained $10,000 was the anticipated expenditure related to the refinancing of the 2018 bonds which required significant advertising and legal advertising was expensive. He indicated the legal advertising budget would be reduced back to$2,900 dollars in the 2020 Budget. Mr.Zotter asked about the property tax collector services. Mr. Ward explained how the Property Appraiser and Tax Collector billed and collected service fees and noted the line item was an accounting allocation only. Mr. Zotter asked about the aeration system. Mr. Ward responded this was related to stormwater management. Mr. Zotter asked about the number of residential/commercial units. Mr. Ward indicated this number reflected the number of residential units plus the commercial tract which was calculated as 10 units per acre of land owned. 2 I 1611 Wentworth Estates Community Development District May 9,2019 Mr. Bruce Bernard with Calvin Giordano & Associates made a presentation regarding the lake bank slopes evaluation. He explained he measured the slope only; when repairs were made a survey would be conducted to determine property lines and how much erosion was required to be restored. He explained regulatory requirements were considered, not aesthetics. He stated he also surveyed wetland plantings which helped wetland quality, as well as erosion. Mr. Paul Zotter asked if Mr. Bernard had noted any evidence of preventative maintenance such as plantings. Mr. Bernard responded in the negative. He explained the ratings of the subdivisions were from minor (1) to severe (5) and each subdivision rating included an estimated cost for repair. He displayed pictures of the subdivision's lakes and erosion problems. Mr. Zotter asked about the reserve property. Discussion ensued regarding the reserve property being outside the limits of the development and not in the jurisdiction of the CDD. Discussion ensued regarding the severe erosion behind the properties of Bella Firenze, the HOA's concerns regarding Bella Firenze, the poor construction of the berms being the primary cause of the property erosion in Bella Firenze, Bella Firenze being a CDD responsibility, various homeowners being responsible for worsening the erosion, the function of berms, swales, drains and grading elevations, access easements, hedge lines, and whose responsibility it was to fix the berm line as the homeowners had added to or changed the drainage as related to the berm. Mr. Ward indicated the District owned the berm line and it was the District's responsibility to make any necessary repairs. Mr. Stuart Axelrod, President of the Treviso Bay Property Owners Master Association, stated the drainage easements were clearly defined as dedicated to Wentworth Estates Community Development District with responsibility for maintenance. Discussion ensued regarding whether the construction company could be held liable if the primary cause berm erosion was poor berm construction. Mr.Ward noted Districts could not hold a developer accountable. He explained an HOA could hold a developer accountable for construction defects; however, once the CDD accepted the transfer of property it became the responsibility of the CDD. He stated while these problems were not included in the current budget, the necessary repairs would need to be discussed, budgeted for, and addressed in the future. He asked if these Bella Firenze berm repairs were of high priority. A Board Member 30:15 responded in the affirmative. Discussion ensued regarding stop gap measures which could be used to allow a few years' leeway, reconstruction of the swale area, the HOA having responsibility for maintenance, and various specific areas of necessary repair. Discussion ensued regarding water clarity, algae blooms, contributing causes of algae blooms including fertilizers and plantings,and no simple solution existing to end fertilizer use or algae bloom. Mr. Ward recommended adding money to the budget to fix some of the worst conditions(as suggested by Mr. Bernard) at Bella Firenze until a full analysis could be completed, at which point repair funding would be written into the 2021 through the 2025 budget as necessary. Discussion ensued regarding whether repairs were deemed maintenance related or capital investment related, and when the berms/landscaping were constructed. Mr. Axelrod asked whether the Bella Firenze problems were the responsibility of the CDD as the berm/landscaping problems were located on personal property. Mr. Ward explained the main concern was to ensure the integrity of the drainage system in accordance with the permits for which the CDD was responsible; however, if repair was required upon personal property the property owner could be charged for the repair. He noted if the problems were abutting a preserve area it was important to address the issues. Mr. Axelrod noted there were homes in which erosion was possibly affecting the structural integrity of home owner's pools or porches and should be addressed 3 s Wentworth Estates Community Development District May 9, 2019 with priority. Mr. Ward stated Mr. Bernard's plan would address these priority areas along the lakes first; however, he was unsure of the Bella Firenze area. Discussion ensued regarding the drainage between homes at Bella Firenze draining towards the berms, whether the drainage should have gone towards the streets instead,whether the HOA had any recourse with Lennar to change the direction of the drainage, berms being constructed to relieve the swale and runoff from property not to handle direct drainage, designers being responsible for flaws in design, the CDD only being responsible for drainage within easements, drainage pipes on personal property being the responsibility of the homeowner or HOA, and Lennar being ultimately responsible for placing the drains in the wrong direction. Mr. Ward stated in this Budget what was contemplated was the District would take over responsibility for all repairs necessary to the lake banks to ensure the lake banks were in accordance with South Florida regulatory permits. He explained this budget funded the most critical repairs (to be completed this year)while the least critical repairs would possibly be completed in five years. He reported this cost would be approximately$500 dollars per unit per year until completion. He recommended including the operating portion of the maintenance of the water management system which he preferred to do on an ongoing basis. He indicated going forward there would be added costs as problems such as Bella Firenze arose and the budget would be adjusted as necessary to keep assessment costs reasonable. Mr. Axelrod noted there was a small section on Corso Bello Drive with berm breach issues as well. Discussion ensued regarding this breach and where it was located. Mr. Axelrod stated he wished to understand what HOA responsibilities were, what constituted capital repairs and what constituted maintenance, and he indicated the HOA wished to fulfill the maintenance agreement. Mr. Ward stated the volume of work needed to be done to bring the lake system and water management system into compliance with regulatory permits was significant and he believed the CDD was in a better position to manage this type of burden. He noted if the Master Home Owners Association indicated it wished to take on the burden of these repairs he would be agreeable; however, he understood HOAs generally had a large amount of responsibilities and this lake bank repair might not be a priority to the HOA while it was definitely a priority for the CDD. He explained this repair work required a professional engineer to determine what needed to be done, how and when, to apply for necessary permits, bid out the work, award a contract, complete the work, inspect the work, and certify the work was completed correctly. Mr. Axelrod agreed (as President of the HOA)the HOA already had enough responsibility. Discussion ensued regarding the CDD having no legal recourse with developers once the CDD took ownership of a property, an HOA having no legal recourse with the developer regarding CDD owned property, drainage structures between houses, street drainage, lake drainage, berm drainage, berm collapse, homeowner responsibility, and holding homeowners accountable. Mr. Ward noted a rule could be put into place indicating if a homeowner adversely impacted the District's drainage system the District had the right to repair the drainage system and charge the homeowner for the repair. Discussion ensued regarding regular maintenance to prevent drainage backup and berm breach. Mr. Ward noted the CDD was better equipped to handle this type of maintenance. Discussion ensued regarding the CDD taking responsibility for the stormwater drainage system and ensuring the NPDS regulations were fulfilled, drainage "grey areas" such as roof runoff, rules being created as necessary to cover drainage grey areas, whether drainage directly into the lakes caused 4 I = 4 :' 0 Wentworth Estates Community Development District May 9, 2019 erosion, and drainage into the lakes not causing erosion if a drain was located 5 feet out past the lake bank. Mr. Paul Zotter asked how much the assessment increase would be to cover all potential cost. Mr.Ward noted there was $45,000 dollars missing in the budget for Bella Firenze. He suggested adding another $20,000 dollars to deal with initially addressing the berm issue which added a total of$69,550 to the budget which was another $45 dollars per unit; therefore, the assessment needed to be raised to approximately $540 dollars per unit per year. He stated the assessment was currently$176 dollars per unit per year. Discussion ensued regarding resident's feelings towards the assessment increase, residents wondering if HOA rates should go down when the CDD took over the water management system and lake maintenance, the CDD possibly taking out a loan to cover project fees and loans being incredibly difficult to obtain due to legalities. Mr. Ward indicated he preferred to avoid obtaining loans. He explained attempting to complete the project in 12 months would be incredibly difficult regardless; therefore, it made sense financially to assess the residents gradually to gradually complete the project. He explained the project might cost up to $1.7 million dollars and assessing residents $540 dollars per unit for five years would cover this cost and would pay for the repairs as the repairs were completed. Discussion ensued regarding the severity of the necessary repairs being due to long term neglect,annual maintenance being scheduled to prevent this type of neglect in the future, the probability of costs for other necessary projects arising not allowing a drop in rates once repairs were completed, capital improvement accounts being set up to cover emergency events such as storm damage, wind causing erosion in specific areas of the lakes, sprinkler evaluation being conducted during repair work, preserve maintenance, the fountains being owned by the CDD, and the HOA continuing to maintain and/or rebuild the fountains and sign area. Mr. Ward recommended the HOA coordinate with the CDD regarding any necessary rebuilding of fountains within the lakes. Mr.Axelrod agreed. Discussion ensued regarding rip rap use and expense, lake bank restoration, the use of GeoTube, process of GeoTube installation, how GeoTube worked, resodding cost not included in the repair proposal, and the actual cost of resodding. Mr. Ward explained the land owners(HOA,golf course,etc.) would be required to cover the resodding cost to the water's edge. Mr. Ward reported a Public Hearing date was required. He noted he originally scheduled the Public Hearing for 8:30 a.m. on July 11', 2019. He asked if this date was acceptable to the Board. The Board responded in the affirmative. Mr.Ward called for a motion to adopt Resolution 2019-2 which approved the proposed budget subject to the inclusion of$69,550 dollars which would make the assessment rate $536.41 dollars per unit per year. On MOTION made by Mr. Paul Zotter, seconded by Mr.Joe Newcomb, ,and with all in favor, Resolution 2019-2 was adopted as above and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Staff Reports a) Attorney There was no District Attorney Report. 5t ; .. Wentworth Estates Community Development District May 9, 2019 b) Engineer District Engineer Curt Keyser reported a light pole was hit by a car at the entryway and the question of responsibility was raised. He indicated it was deemed the CDD's responsibility to repair the light pole as it was located on a median which the CDD owned. Discussion ensued regarding the light pole location, signage maintenance being the CDD's responsibility, the HOA needing permission from the CDD to make any changes, and insurance covering light pole repair costs. A Board Member 1:32:05 noted the second fountain upon entry had been hit by a car and was damaged. Mr. Ward noted the second fountain upon entry was under the jurisdiction of the HOA not the CDD. c) Manager Mr. Ward reported there was a requirement under Chapter 190 that the CDD determine on a yearly basis, as of April 15th, the number of Registered Voters within the District. He explained this number became significant once two milestones were reached. He stated one milestone was when six years from the date of establishment was reached (which was met) and the other was when 250 registered voters were reported (which was also met). He explained this meant the Board would begin transitioning to a "qualified based elector election." He noted the Board Members were not currently qualified electors. He explained the next election would be in 2020 and all seats would become qualified elector seats at that time; therefore, the Board Members with expiring terms would be required to visit the Supervisor of Elections and become qualified to be elected on the Board. He stated Joe Newcomb's and Andrew Gasworth's seat expired in 2022; Paul Zotter's,James Oliver's and Robert Cody's seat expired in 2020. He stated no Board action was required regarding this information;this information was being provided as a matter of law. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There were no Supervisor's Requests or Audience Comments. SIXTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at 10:04 a.m. OngMTION made by Mr. Robert Cody, seconded by Mr. Andrew kGasworth,and with all in favor,the meeting was adjourned. Wentworth Estates Community Development District � . Q 14/4 • J es P.Ward, Secretary 'Joe ?comb,Chairman 6I 1 6 I NapIri Dztit iwi f. PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 WENTWORTH ESTATES CCD 2900 NORTHEAST 12TH TERRACE STE 1 OAKLAND PARK,FL 33334 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared Vicky Felty who on oath says that she serves as legal clerk of the Naples Daily News.a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida:that the attached copy of the advertising was published in said newspaper on dates listed Affiant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County.Florida.and that the said newspaper has heretofore been continuously published in said Collier County,Florida:distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County.Florida.for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person. or corporation any discount rebate.commission or refund for the purpose of securing this advertisement for publication in the said newspaper. June 12,2019 cwcilune 19,2019 i Subscribed d sworn to before on June 19, 2019: _ 6r4 t et YV\ dv., v.l cx...4... .) Notary. State of WI County of Brown _I l C,RA. fV1ONDLOCH MI :71eiie of W'S:.e,nl-,,n My commission expires August 6 2021 Publication Cost 91864 80 Ad No.GC10206306 Customer No 324433 PO# WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT 1 NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2020 BUDGETS; AND NOTICE OF PUBLIC HEARING TO CONSIDER THE IMPOSITION OF MAINTENANCE AND OPERATION SPECIAL ASSESSMENTS; ADOPTION OF AN ASSESSMENT ROLL; ADOPTION OF A CAP RATE FOR NOTICE PURPOSES ONLY, AND THE LEVY, COLLECTION, AND ENFORCEMENT OF THE SAME; AND NOTICE OF REGULAR BOARD OF SUPERVISORS'MEETING. The Board of Supervisors for the Wentworth Estates Community Development District wilt hold two public hearings and a regular meeting on Thursday,July 11, 2019 at 8:30 a.m. at the TPC Tour Club, 9800 Treviso Bay Boulevard,Naples,Florida 34212. The purpose of the first public hearing is to receive public comment and objections on the Fiscal Year 2020 Proposed Budgets. The first public hearing is being conducted pursuant to Chapter 190, Florida Statutes. The purpose of the second public hearing is to consider the imposition of special assessments to fund the District's proposed operation and maintenance budget for Fiscal Year 2020 upon the lands located within the District, a depiction of which lands is shown below,consider the adoption of an assessment cap for notice purposes only, consider the adoption of an assessment roll, and to provide for the levy,collection, and enforcement of the assessments.The second public hearing is being conducted pursuant to Florida law including Chapters 190 and 197,Florida Statutes. At the conclusion of the public hearings, the Board will,by resolution, adopt the budgets and levy assessments to fund the operation and maintenance budget as finally approved by the Board. A regular board meeting of the District will also be held where the Board may consider any other business that may properly come before it. A copy of the proposed budgets. preliminary assessment roll, and the agenda for the hearings and meeting may be obtained at the offices of the District Manager, Phone(954)658-4900,during normal business hours seven (7) days in advance of the meeting. In addition, you may obtain a copy of the proposed budget immediately on the District's web site:www.wentworthestatescdd.org The special assessments are annually recurring assessments and are in addition to previously levied debt assessments. The table below presents the proposed schedule of operation and maintenance assessments for Fiscal Year 2020. Amounts are preliminary and subject to change at the hearing and in any future year. The amounts are subject to early payment discount as afforded by law. Note that the operations and maintenance assessments stated below do not include any debt service assessments previously levied by the District and due to be collected for Fiscal Year 2020. Proposed Schedule of Assessments DESCRIPTION FY 2020 Operations and Maintenance Rate: Residential(Per unit) S490.78 Commercial(Per unit) S490.78 (Assigned 92 units) CAP Rate: Residential(Per Unit) S558.63 Commercial(Per Unit) S558.63(Assigned 92 units) The tax collector will collect the assessments pursuant to the uniform method. The District may choose to collect the assessments for developer owned land not pursuant to the uniform method. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. All affected property owners have the right to appear at the public hearings and the right to file written objections with the District within twenty(20)days of publication of this notice. The public hearings and meeting are open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. The public hearings and meeting may be continued to a date,time,and place to be specified on the record at the hearings or meeting. There may be occasions when staff or board members may participate by speaker telephone. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at(954)658-4900 at least forty-eight(48)hours prior to the meeting. If you are hearing or speech impaired,please contact the Florida Relay Service by dialing 7-1-1,or 1-800-955- 8771 (TTY)/1-800-955-8770(Voice),for aid in contacting the District Manager's Office Each person who decides to appeal any decision made by the Board with respect to any matter considered at the public hearings or meeting is advised that person will need a record of proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Wentworth Estates Community Development District James P.Ward,District Manager Publication Dated: 06/12;2019 and 06/19 2019 r J ,. t • ter J 0 \{ d e w. c` d _ tip, 16 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday,July 11, 2019 at 8:30 a.m.,at the TPC Tour Club,9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairman James Oliver(phone) Vice Chairman Paul Zotter Assistant Secretary Robert Cody(phone) Assistant Secretary Andrew Gasworth Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Attorney Curt Keyser Calvin Giordano&Associates Bruce Bernard Calvin Giordano&Associates Audience: Arthur Greeter(ph) Steve Barger(ph) Martha Rice(ph) All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P.Ward called the meeting to order at approximately 8:30 a.m. and all Members of the Board were present at roll call. SECOND ORDER OF BUSINESS Consideration of Minutes May 9,2019—Regular Meeting Mr. Ward stated the second order of business was consideration of the May 9, 2019 Regular Meeting Minutes. He asked if there were any additions, corrections or deletions; hearing none, he called for a motion. 1IPap .. Wentworth Estates Community Development District July 11, 2019 t6 I On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth, and with all in favor, the May 9, 2019 Regular Meeting Minutes were approved. — J THIRD ORDER OF BUSINESS Public Hearings a. FISCAL YEAR 2020 BUDGET Mr. Ward stated the General Operating Budget was exactly the same as last year from an administrative perspective. He reported during the past year the Community transitioned its home owner's association from Lennar to resident control. He noted the District had an agreement in place with the Master HOA for many years to maintain the assets owned by the District; cost of maintenance was paid through the HOA dues and fees. He explained during the transition process the HOA completed a full engineering report, as required, with respect to determining the status of all District assets. He noted during the engineering review it was discovered the assets owned by the District, primarily the water management system and lakes, were in poor condition. He stated the HOA contacted himself and the Board and requested the CDD take back responsibility of operation and maintenance of the water management system,as well as lake bank restoration and other restoration issues. He indicated the CDD agreed and included in the Budget was a program to restore the lake banks back to original condition. He noted there was substantial damage from Hurricane Irma and damage due to age which the CDD was working to repair. He explained these new responsibilities were the cause for the change in rates from$176 dollars to$536 dollars. He noted the CDD was better suited to handle these more difficult infrastructure restoration programs and maintenance programs on a regular basis. He reported the debt service budget had not changed. i. Public Comment and Testimony Mr.Ward called for a motion to open the Public Hearing. On MOTION made by Mr.Joe Newcomb,seconded by Mr. Paul Zotter, 1' and with all in favor,the Public Hearing was opened. Mr. Ward indicated the Public Hearing was now open and noted he had not received any written or verbal communications with respect to consideration of the Budget. He asked if any present had any questions regarding the Fiscal Year 2020 Budget. Mr. Arthur Greeter asked if this was a one time assessment. Mr. Ward responded in the negative;the assessment would be ongoing in perpetuity until 2027 at which point the assessment might go down $200 dollars; however, this would depend upon the restoration program needs in 2027. He explained lake banks in the State of Florida required continual restoration,especially as the lake banks age. He stated the assessment amount might change minimally over the years, but he did not believe it would change significantly. 2IPa e Wentworth Estates Community Development District July 11, 2019 16 � 1 Ms.Martha Rice asked if lakes in the State of Florida were known to be problematic why this was not taken into consideration in the financial picture years ago in an effort to lessen the burden. Mr. Ward explained the CDD and the HOA recently became aware of the restoration need upon the transition from Lennar to resident control. He noted a significant portion of the damage was caused by Hurricane Irma; however, the lakes were getting older and as such were requiring maintenance. Ms. Rice asked about Lennar liability. Mr. Ward responded Lennar had no liability. He explained regardless last year Lennar was the homeowners; therefore, whether the funds came through the CDD or the HOA it would be paid by the same pool of residents. Ms. 9:45 asked what other items were covered by the increase. Mr. Ward explained the increase included the entirety of the storm water system, lake restoration, lake maintenance, aquatic spraying, and preserve area maintenance. Ms. 10:25 asked if this included the repair of the berm in her back yard. Mr.Ward responded in the affirmative. Mr.Steve Barger asked if this Budget included preserve maintenance or if additional funds would be required in the future for preserve maintenance. Mr. Ward responded there were 291 acres of preserve in the Community; currently the preserves were on a monitor only status until 2020,following which the Community and Board would decide what type of maintenance the preserves required. Mr. Barger asked if this meant the preserves would no longer be inspected after 2020. Mr. Ward responded in the affirmative; however, he suspected the Community would wish to continue with a maintenance program of some sort. Mr. Barger asked what preserve maintenance entailed. Mr. Bruce Bernard explained preserve maintenance was primarily an ongoing effort to keep exotic plants out of the preserve area. Mr. Ward asked if there were any additional public comments; hearing none, he called for a motion to close the Public Hearing. On MOTION made by Mr.Joe Newcomb,seconded by Mr. Paul Zotter, land with all in favor,the Public Hearing was closed. ii. Board Comment Mr.Ward asked if there were any Board comments or questions. There were none. iii. Consideration of Resolution 2019-3 adopting the annual appropriation and Budget for Fiscal Year 2020. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew I Gasworth, and with all in favor, Resolution 2019-3 was adopted as above and the Chair was authorized to sign. 3IPage Wentworth Estates Community Development District July 11, 2019 16kt b. FISCAL YEAR 2020 IMPOSING SPECIAL ASSESSMENTS; ADOPTING AN ASSESSMENT ROLL, APPROVING THE GENERAL FUND SPECIAL ASSESSMENT METHODOLOGY. Mr. Ward explained the second Public Hearing was an offshoot of the Budget which put the assessments in place necessary to carry out the Budget. He reported the assessment rate for the General Fund was$536.87 dollars per unit per year. I. Public Comment and Testimony Mr.Ward called for a motion to open the Public Hearing. On MOTION made by Mr. Paul Zotter,seconded by Mr.Joe Newcomb, and with all in favor,the Public Hearing was opened. Mr. Ward indicated the Public Hearing was now open and noted he had not received any written or verbal communications with respect to the assessment rate. He asked if any present had any questions regarding the assessment rate. Mr. Arthur Greeter asked if the new assessment rate was an increase of $536 dollars (totaling$712 dollars) or an increase to$536 dollars. Mr. Ward responded this was an increase to$536 dollars;the new rate was$536.87 dollars per unit per year total. Mr. Greeter asked about the cap rate. Mr. Ward explained the cap rate ($600.78 dollars) was the maximum the assessment could rise to annually without formal mail notice being sent to all residents. He stated mail notice to all residents was expensive at approximately$3,000 dollars per notice;therefore,a cap rate was put into place in an effort to save$3,000 dollars per year for the notice and to give the CDD leeway to change rates minimally as needed on an annual basis. Mr. Bill 17:02 asked how the assessment would be billed. Mr. Ward explained the assessment would be included on the annual tax bill. Mr. asked if the assessment would be included in the HOA fees. Mr. Ward responded in the negative. He noted he was completely unfamiliar with HOA fees and any questions regarding HOA fees should be directed to the HOA. Mr. Ward asked if there were any additional public comments; hearing none, he called for a motion to close the Public Hearing. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth,and with all in favor,the Public Hearing was closed. II. Board Comment Mr.Ward asked if there were any Board comments or questions. There were none. Ill. Consideration of Resolution 2019-4 imposing special assessments,adopting an assessment roll and approving the general fund special assessment methodology 4I 16 �11 Wentworth Estates Community Development District July 11, 2019 Mr.Ward explained Resolution 2019-4 set the assessment rate of$536.37 per unit for Fiscal Year 2020 and authorized methodology. He noted the commercial unit paid at a rate of 19 times the assessment rate. On MOTION made by Mr.Joe Newcomb,seconded by Mr. Paul Zotter, ;and with all in favor, Resolution 2019-4 was adopted as above and the Chair was authorized to sign. IV. Consideration of Resolution 2019-5 Mr.Ward explained Resolution 2019-5 set the cap rate at$600.74 dollars which allowed an increase up to this amount without having to send a mailed notice to residents regarding the change in assessment rate. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth, and with all in favor, Resolution 2019-5 was adopted as above and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Staff Reports a) Attorney No Report. b) Engineer District Engineer Curt Keyser reported he was assisting with organizing the new maintenance responsibilities. Mr. Bruce Bernard noted a survey crew would begin next week in Bella Firenze surveying elevations following which berm restoration could begin. He stated he believed with the 10 foot easement and the narrow mini-backhoe there would be no real difficulties with access for equipment. He noted once the restoration was complete the area would be resodded. He indicated he believed some areas would require re-grading. c) Manager Mr. Ward explained the CDD was a governmental agency,governed by five individuals elected to serve who lived within the Community. He stated he served as the District Manager/Chief Executive Officer and his responsibilities included day to day operations of the District. He stated there was a District Attorney, Greg Urbancic (present today by phone), who was responsible for all legal affairs associated with the District. He stated there was a District Engineer, Calvin Giordano and Associates, represented by Curt Keyser and Bruce Bernard (present today), whose responsibility was to assist the District in operations, maintenance and engineering work related to CDD provided services. He explained the Board hired the District Manager, District Attorney and District Engineer. He noted the CDD would hire contractors and subcontractors as necessary going forward to complete the necessary projects, who would report directly to the District Engineer. 5I 16 I Wentworth Estates Community Development District July 11, 2019 A Board Member 22:50 asked if the ponds between the peninsula,the new development,the new builder and the golf course were owned by the CDD. Mr. Ward responded he was unsure; this was currently being investigated. Mr. Ward explained the Budget went into effect October 1, 2019; the CDD did not receive incoming funds until December. He stated the HOA would continue to perform standard maintenance work until the end of October and the CDD would take over maintenance work in November. He stated anything restorative in nature(Bella Firenze berm restoration for example) would not begin until early November. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr.Ward asked if there were any Supervisor's Requests or Audience Comments. Mr.Steve Barger asked how the CDD Board was elected and who elected the Board. Mr.Ward responded the residents elected the CDD Board as residents of the community at general elections every four years. He stated the next election would be held in November 2020. A Board Member 26:40 explained the CDD had a maintenance agreement with the HOA; the CDD was now taking responsibility for work the HOA would have been required to complete through the maintenance agreement. He noted the CDD,the HOA,the Golf Board, all were made up of residents and as such there was no"we"or"they." He stated if the CDD was not completing this necessary maintenance and restoration,then the HOA would be doing exactly the same. Discussion ensued regarding who owned the lakes,the CDD having an easement over all lakes, the CDD now being responsible for maintenance of all lakes, homeowners paying into the District, golf courses legally not being subject to assessment, the lakes throughout the District being interconnected, and reasons the assessment cost was evenly distributed between all residents. Ms. 31:04 asked if the CDD would be managing road drainage and stormwater drainage. Mr. Ward responded in the affirmative; he noted there were some legal issues which needed to be sorted out,but the CDD was in the process of taking over road stormwater drainage maintenance. Discussion ensued regarding road flooding and regular maintenance of drainage pipes to prevent flooding. Mr. 32:12 asked if the CDD would arrange for his property (or all properties)to be inspected to determine if his trees might be likely to fall over during a hurricane. Mr. Ward responded the CDD could possibly look into this, but he was unsure. He asked Mr. to contact him regarding this in the next few weeks. Discussion ensued regarding the possibility of such an inspection program,a possibility of a program such as this being developed if the residents wished to pay for it,and trees needing to be taken down occasionally due to risk of fall. SIXTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at 9:04 a.m. 6 I 3ge 16 1 �. Wentworth Estates Community Development District July 11,2019 On MOTION made by Mr.Joe Newcomb,seconded by Mr. Paul Zotter, land with all in favor,the meeting was adjourned. Wentworth Estates Community Development District /r ,0>191 jJam P.Ward,Secretary J h Newcomb,Chairman 7IP agt 16I1 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Friday,October 11,2019 at 8:00 a.m.,at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairman James Oliver Vice Chairman Paul Zotter Assistant Secretary Robert Cody Assistant Secretary Andrew Gasworth Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Attorney Curt Keyser District Engineer,Calvin Giordano &Associates Bruce Bernard Assets Manager,Calvin Giordano &Associates Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:10 a.m. and all Members of the Board were present at roll call. SECOND ORDER OF BUSINESS Consideration of Minutes July 11,2019—Regular Meeting Mr. Ward stated the second order of business was consideration of the July 11, 2019 Regular Meeting Minutes. He asked if there were any additions,corrections or deletions to these Minutes; hearing none, he called fora motion. On MOTION made by Mr. Joe Newcomb, seconded by Mr. James Oliver, and with all in favor, the July 11, 2019 Regular Meeting Minutes were approved. lipage 16I 1 Wentworth Estates Community Development District October 11,2019 THIRD ORDER OF BUSINESS Consideration of Award of Bids Mr. Ward noted today's meeting was the first meeting for Fiscal Year 2020. He reported over the past several months, following approval of the FY-2020 Budget, Calvin, Giordano and Associates bid out a majority of the work programs for FY-2020. He indicated Calvin, Giordano and Associates would speak in this regard. Consideration of Award of Bids: I. Lake and Wetland Maintenance II. Lake Bank Restoration Mr. Curt Keyser, District Engineer with Calvin,Giordano and Associates, displayed and discussed a map which illustrated the assets owned by the District. He reported the maintenance responsibilities of the District included maintenance of the stormwater systems, the lakes, the lake banks, the preserves and wetlands areas, the entrance fountains and wall, the bridge, and the berms within the various communities. He stated the golf course was not the responsibility of the District; however, the District maintained the lakes and lake banks located within the golf course. Mr. Bruce Bernard, Asset Manager with Calvin, Giordano and Associates, reported the stormwater drainage maintenance program would be a rotating three year program: a third of the community would be actively maintained every year. He displayed a map which illustrated which areas would be maintained each year. He explained during the process each section (third of the community) would be inspected to determine which structures within the section needed cleaning. He noted any structure which had over 25% debris would be cleaned. He described the inspection and maintenance process. He stated the District was required to file an NPDES (National Pollutant Discharge Elimination System) report annually. He noted moving forward less maintenance would be required annually as the systems were regularly maintained. Discussion ensued regarding a flooding area near the golf course, having this area inspected, and how to communicate specific community stormwater needs to the CDD. Mr. ward stated he would set up a communication procedure between the residents, HOA and the District regarding identifying stormwater areas which needed attention throughout the community. He stated he would keep the Board advised regarding the process. Mr. Bernard displayed and a discussed a map which illustrated the lakes. He reported maintenance of the lakes would include inspections, spraying for weeds, wetland plant maintenance, debris removal, and fountain maintenance. Discussion ensued regarding which fountains were owned by the District: two decorative fountains and two aerating fountains, maintenance of the decorative fountains being laborious, weekly maintenance of the decorative fountains being required, the various fountains which were not the responsibility of the District, the District not wanting to take responsibility of any other fountains at this point, nonoperational fountains (not the responsibility of the CDD), these fountains needing to be functional for purposes of lake aeration, the District considering maintenance of other fountains on a case by case basis beginning next year, and the District eventually taking over all fountain maintenance as a part of stormwater maintenance. 21Pag � 6I1 " Wentworth Estates Community Development District October 11,2019 Mr. Bernard reviewed the lake bank restoration project. He displayed and discussed a map which illustrated the lake banks which would be restored in FY-2020 (Lake 12, 13, 14, 18, and 32). He reported following lake bank restoration, littoral plantings would begin. Discussion ensued regarding the Master Plan permitting process indicating the District was required to maintain 20 feet of lake bank around all lakes, the lakes having a specified surrounding lake maintenance easement, the District not being required to maintain lake easements, the easements being in place to allow the District access to the lake, the District not being responsible for landscaping within the lake easements, the District ideally discouraging landscaping within easements, and structural building (such as patios, fences, etc.) being prohibited within lake easements. Mr. Bernard distributed a revised Budget for FY-2020. Mr. Ward explained the HOA recently asked the District to take on bridge and wall maintenance; therefore, the Budget for FY-2020 was revised to include bridge and wall maintenance. He stated he had budgeted approximately $96,000 dollars in reserves for operations for FY-2020 and this could be used to begin the bridge and wall program. He indicated the bids for this project were lower than expected; therefore, he believed, with the bid savings and reserves available, the District would be in good shape. Mr. Keyser displayed and discussed a map illustrating the wall and bridge space which was now the responsibility of the District. Discussion ensued regarding the wall and bridge location. Mr. Ward stated he believed the HOA had budgeted for wall maintenance in 2020; he would discuss this with the HOA and if true the District would take over wall maintenance in 2021. Mr. Bernard discussed the wetland maintenance plan. He reported there were 17 preserves on 291 acres divided into three sections. He stated annual monitoring was required by the Army Corp until the Army Corp released the preserves. He explained the Army Corp would release the preserves once the preserves reached a level of 5% exotic plants (95% native plants). He reported one of the three sections had been released from the Army Corp and no longer required annual monitoring; the other two sections were still being monitored by Ian Vincent and Associates. He noted a contractor would be consulted regarding removal of exotic plants in the preserve areas as quickly as possible. Mr. Zotter asked if Ian Vincent and Associates maintained the preserves in addition to performing the annual monitoring. Mr. Bernard responded in the negative; maintenance of the preserves was performed by the same contractor who maintained the aquatics. He noted he hoped to get a reduced price for the monitoring as the price seemed rather high for once yearly monitoring. Mr. Zotter asked if the preserves required controlled burning. Mr. Bernard responded in the negative. He reported upon inspection there were 55 dead preserve trees near enough to homes to fall and cause damage. He stated the trees would be knocked down into the preserve area and the trunks would not be removed from the preserve area; this project would be bid out next month. Mr. Bernard noted the front entrance wall and bridge would need painting and grouting, the light poles would need straightening and painting, brick pavers needed replacement and pressure cleaning,the metal railings needed paint, the concrete curves needed cleaning, and the reflective pavement markings needed refreshing. Mr.Ward stated he was going to speak with the HOA regarding maintenance of the fountains at the entrance. He felt the HOA may have budgeted for fountain maintenance for FY-2020; if so, the CDD would take over fountain maintenance in 2021. 3 ( Page Wentworth Estates Community Development District 1 61 t October 11,2019 Mr. Keyser discussed berm restoration project in Bella Firenze. He stated there was also a berm issue in Ponziane which needed to be addressed. Mr. Bernard noted there were two small berm areas in Ponziane which had been washed out and needed attention. He stated these two repairs would be included with the Bella Firenze berm restoration contract. He reported Bella Firenze berm repairs spanned over approximately 20 lots (1,100 linear feet of berm). He stated the berm was supposed to 7.5 feet high, but was currently 6.4 feet high or less, and in some places was almost completely washed away. Discussion ensued regarding the problems with the berm erosion, the hedges sliding out of place, restoring the berms to the original plan, whether the berms were installed correctly originally, the berm obviously being originally built incorrectly in some areas, and whether the repair would permanently solve the drainage problems. Mr. Keyser indicated the plan was to permanently fix the problems with the berm; however, there was always a chance the berms could re-erode. Mr. Bernard discussed the drainage issues in the Bella Firenze berm area and possible solutions. Mr. Keyser explained both the roof drains and the swale drains were located near the Bella Firenze berms and unless the roof drains were redirected away from the berms, erosion was a possibility. He suggested holding a public education session regarding the berms and contributing problem factors. Discussion ensued regarding requiring homeowners to redirect the roof drains to prevent future berm erosion, roof drains needing to be directed into the front roadway, residents not wanting to pay to redirect roof drains, the drainage line which ran in front of the berms and led to the lakes, this berm drainage line needing to be cleaned and kept clean. Mr. Bernard noted he estimated the cost of the Bella Firenze berm restoration project to be approximately $35,000 dollars. Discussion ensued regarding the different drains and drain materials in Bella Firenze, the cleaning of the Bella Firenze berm drainage line greatly alleviating the drainage problems in this location, and possible difficulties with cleaning this drainage line. Mr. Bernard reviewed the bid awards. He noted the lake bank restoration project had four bidders; Landshore Enterprises was the lowest bidder and had excellent references. Discussion ensued regarding Landshore Enterprises' qualifications and bid price, Landshore Enterprises having bid for multiple projects, the other bidders for the lake bank restoration project, all bidders having experience working with CDDs and HOAs, and all references being checked thoroughly. Mr. Bernard stated it was the Board's decision which contractor was selected; all bidders had experience, as well as excellent references. Mr. Zotter recommended selecting a contractor with whom Mr. Bernard and Mr. Keyser were familiar with, comfortable with, and which had performed excellent work in the past. Mr. Bernard noted he had worked with Dragonfly and Landshore in the past. Mr. Ward noted all of the bidding vendors were qualified to complete the project. He explained the most important factor to be considered was which bid was lowest and most qualified; currently this was Landshore and Cross Creek. He indicated if the contractor was not performing as expected there was a termination clause included in the contract which would enable the District to terminate the contract and rebid the project. Mr. Bernard noted this project was bid per linear foot, not as a lump sum; therefore, if the first several linear feet of the project were not completed properly the vendor could easily be terminated. Mr. Oliver noted the contract listed the incorrect County. Mr. Ward stated this would be fixed, along with several typos. Discussion ensued regarding choosing Landshore as the winning bidder for the lake bank restoration project. 41Page 16I 1 Wentworth Estates Community Development District October 11,2019 On MOTION made by Mr. Robert Cody, seconded by Mr. James Oliver, and with all in favor, Landshore Enterprises was awarded the bid for the lake bank restoration project in the amount of $191,043 dollars and Cross Creek was awarded the bid for the aquatic and preserve maintenance project in the amount of$94,600 dollars. III. Consideration of Agreement with Calvin, Giordano and Associates, to provide asset management services for the District's maintenance program. Mr. Ward stated next was consideration of an Agreement with Calvin, Giordano and Associates (CGA) to provide asset management services for the District's maintenance program. He reported the scope of services was similar to agreements previously held with CGA, the fee structure was as budgeted, and he recommended the Board authorize the Agreement with CGA for asset management services. On MOTION made by Mr. James Oliver, seconded by Mr. Joe Newcomb, and with all in favor, the Agreement with Calvin, Giordano and Associates for asset management services was authorized. FOURTH ORDER OF BUSINESS Consideration of Resolution 2020-1 Consideration of Resolution 2020-1 designating dates, time and location for regular meeting of the Board of Supervisor's for Fiscal Year,2020. Mr. Ward stated through Resolution 2020-1 Meetings were scheduled the second Thursday of every month at 8:00 a.m. at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. He stated meetings would be held more often this year due to the increase in CDD responsibilities. He explained approval of this Resolution did not bind the Board to these meeting dates and times; changes could be made as needed. On MOTION made by Mr. James Oliver, seconded by Mr. Andrew Gasworth, and with all in favor, Resolution 2020-1 was adopted as above and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Staff Reports a) Attorney No Report. b) Engineer No Report. c) Manager 5I 16I1 Wentworth Estates Community Development District October 11,2019 Mr. Ward reported the original maintenance agreement with the HOA indicated the HOA was responsible for maintenance of the landscaping on Southwest Blvd.,the irrigation for Southwest Blvd., the irrigation pump station and mains on site, as well as the fountain, and entryway landscaping. He stated in 2021, assuming the HOA did not wish to continue in this capacity, the CDD would take over maintenance of these assets. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward noted there was no Audience present. He asked if there were any Supervisor's Requests; there were none. SEVENTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at 9:11 a.m. On MOTION made by Mr. Joe Newcomb, seconded by Mr. James Oliver, and with all in favor,the meeting was adjourned. Wentworth Estates Community Development District James Ward, Secretary ,• ;Jo ewcomb,Chairman 6 I ` a 6I1 .4 41, NapLci ��1aiL ? rwic PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 NOTICE OF ANNUAL MEETINGS WENTWORTH ESTATES CC D WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRIC 2900 NORTHEAST 12 TH TERRACE S The Fiscal Year 2020 Regular Meetings of the Board of Supervi- sors of the Wentworth Estates Community Development District will be held on dates noted herein at 8:00 A.M., at the TPCTour OAKLAND PARK, FL 33334 Club,9800 Treviso Bay Boulevard,Naples,Florida 34113. October 11,2019 November 14.2019 December 12,2019 January 9.2020 February 13,2020 March 12,2020 Affidavit of Publication April 9,2020 May 14.2020 STATE OF WISCONSIN June 1 1.2020 July 9.2020 COUNTY OF BROWN August 13,2020 September 10.2020 The meetings are open to the public and will be conducted in accordance with the provisions of Florida Law for Community Before the undersigned they serve as the authority, Development Districts. A copy of the agenda for the meeting personally appeared said legal clerk who on oath says that may be obtained from the office of the District Manager. JPWard & Associates, LLC, 2900 NE t2th Terrace. Suite 1, he/she serves as Legal Clerk of the Naples Daily News, a Oakland Park, Florida 33334 at least seven(7)in advance of the daily newspaper published at Naples. in Collier County, meeting, by phoning (954) 658.4900. In addition, the agenda's will be available on the District's web site at www.wentworthes Florida; distributed in Collier and Lee counties of Florida; tatescdd.org. that the attached copy of the advertising was published in Any meeting may be cancelled or continued to a date, time and said newspaper on dates listed. Affiant further says that the location specified on the record at the meeting. said Naples Daily News is a newspaper published at In accordance with the provisions of the Americans with Disabit- Naples, in said Collier County. Florida, and that the said hies Act, any person requiring special accommodations or an in- newspaper has heretofore been continuously published in terpreter to participate at these meetings should contact the District Manager at (954)658.4900. at east five (5)days poor to said the date of the meetings. If you are heanng or speech impaired. Collier County. Florida. distributed in Collier and Lee please contact the Florida Relay Service at 1-800.955-8770. for assistance in contacting the District Office. counties of Florida. each day and has been entered as second class mail matter at the post office in Naples, in If any person decides to appeal any decision made with respect to any matter considered al these board meetings. such person said Collier County. Florida, for a period of one year next will need a record of the proceedings and such person may preceding the first publication of the attached copy of need to ensure that a verbatim record of the proceedings is made at their own expense and which record includes the testi advertisement; and affiant further says that he has neither mony and evidence on which the appeal is based. paid nor promised any person, or corporation any discount, Wentworth Estates rebate. commission or refund for the purpose of securing Community Development District this advertisement for publication in the said newspaper. James P.Ward,District Manager Published: October 16,2019 PLb Dates Oct 16, 2019 3825522 _" ` --- - Subscribed and sworn to before on October 16, 2019: _f)Ita_0__Yv1 rvyc.Q.A.r,r t:.. Notary, State of WI, County of Brown IrARA MONDLOCHI Notary PuhiIC: State of Wisconsin My commission expires August 6. 2021 Publication Cost. S343.00 Ad No:0003845723 Customer No. 1308466 PO#: 16 1 1 Timestamp City 5/7/2020 7:52:04(CDT) Oakland Park Final Pub Date State 6/4/2020 0:00:00 (CDT) FL Ad Number ZIP Code GC10407124 33334 Publication Your Name Daily News Michael Staley Market Email Address Naples mstaley@gannett.com Delivery Method Both Number of Affidavits Needed 1 Customer Email coridissinger@jpwardassociates.com Customer Name Wentworth Estates Ccd Customer Address 2900 Northeast 12 Th Terrace Suite 1 Oakland Park, FL 33334 Account Number(If Known) 062196 Name Cori Dissinger Street 2900 Northeast 12 Th Terrace Suite 1 1 6 I 1 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday, February 13, 2020 at 8:30 a.m.,at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairman James Oliver Vice Chairman Robert Cody Assistant Secretary Andrew Gasworth Assistant Secretary Absent: Paul Zotter Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Attorney Bruce Bernard Asset Manager Curt Keyser Calvin Giordano& Associates Tony Grau Grau &Associates Audience: Joe Herring Steve Barger Stu Axelrod All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:15 a.m. and all Members of the Board were present at roll call with the exception of Supervisor Paul Zotter SECOND ORDER OF BUSINESS Consideration of Minutes October 11,2019—Regular Meeting 1i '✓ 16I 1 Wentworth Estates Community Development District February 13, 2020 Mr.Ward stated the second order of business was consideration of the October 11,2019 Regular Meeting Minutes. He asked if there were any additions, corrections or deletions; hearing none, he called for a motion. On MOTION made by Mr. James Oliver, seconded by Mr. Andrew Gasworth, and with all in favor,the October 11, 2019 Regular Meeting Minutes were approved. THIRD ORDER OF BUSINESS Acceptance of Audited Financial Statements Acceptance of Audited Financial Statements for the Fiscal Year ending September 30,2019. Mr. Ward stated the auditor hopefully would call in shortly to review the Audited Financial Statements. He explained the Audited Financial Statements did not need approval as the Statements had already been filed with the appropriate entities;the Statements were to be accepted for purposes of inclusion in the record only. Discussion ensued regarding the Statements, the Board Members having reviewed the Statements individually, having no questions about the Statements, and the possibility of accepting the Statements without further review. Mr.Ward reported the Statements were prepared appropriately, there was a clean opinion with no negative comments regarding regulatory requirements, all bond reporting requirements were met,and from a financial perspective the CDD was in good condition. He noted all revenue coming in from debt assessments were on track, along with the operating assessments. Mr.Tony Grau called in at this point and Mr. Ward asked him to review the Statements. Mr. Tony Grau with Grau& Associates reported the Audit Opinion, on Page 1 and 2, was a clean opinion which meant Grau & Associates concluded the financial statements were fairly stated. Mr. Grau briefly reviewed the Audited Financial Statement for the Fiscal Year ended September 30, 2019 including the various sections, income statements, the budget numbers as compared with 2018, governmental funds (general fund and debt service fund), governmental fund income statements,assessments, expenditures, change in balances,foot notes, assets,and budget to actuals. He noted there were no findings for any of the reports which was excellent. Mr. Oliver asked about cash equivalents. Mr. Ward responded cash equivalents were bank accounts which earned interest. Mr. Oliver asked if the CDD had any bank accounts which earned interest. Mr. Ward responded in the affirmative: the bond funds and operating account,although there was so little in the operating account it did not generate any significant interest. Mr. Oliver asked if the CDD had any receivables. Mr. Ward responded in the negative. Mr. Oliver asked if the CDD had any residents who failed to pay the tax assessments. Mr. Ward responded he would not know this as the County billed for and collected assessment payments. He explained how the County billed and collected assessment payments, discussed tax certificates, and explained how the CDD received payments from the County in January and June. On MOTION made by Mr. Robert Cody, seconded by Mr. James Oliver, and with all in favor, the Audited Financial Statements for the Fiscal Year ending September 30, 2019 were accepted for inclusion in the record. 2 I F g . � 6I1 Wentworth Estates Community Development District February 13, 2020 FOURTH ORDER OF BUSINESS Consideration of Award of Bids Bridge Cleaning and Painting Mr. Ward stated the CDD budgeted roughly$800,000 dollars to operate the District;generally speaking, the District was on track. He explained the budget included $90,000 dollars in operating reserves which was intended to flow into the next year; however,the operating reserves would no longer flow into next year due to necessary budget changes to accommodate the bridge maintenance and other maintenance being taken over from the HOA(maintenance of SW Boulevard, and the landscaping maintenance of the entrance). He noted the maintenance projects would cost approximately $100,000 dollars and future budgets would he adjusted appropriately. Mr. Bruce Bernard reported the Bridge Cleaning and Painting project had been bid out; the project included pressure cleaning of bridge walls, underneath the bridge, railings, etc. and painting of the walls, light fixtures, signposts, fountain, etc. He stated this would cost approximately $69,000 dollars (lowest and most responsive bidder). He noted the bidder had excellent references. He stated the only other bridge maintenance which needed to be completed was bridge paver repair(not included in this project). He indicated he was waiting to receive an estimate from the contractor regarding this repair. An Audience member asked how long the paint on the light fixtures was expected to last. Mr. Bernard responded this depended upon weather conditions; the contractor would only guarantee work for about 1 year. Discussion ensued regarding warrantees from contractors and warrantees from manufacturers. Mr. Oliver asked if Mr. Bernard was recommending Trafford or Angeles. Mr. Bernard responded he recommended Trafford; Angeles left out a wall and did not break down how the work would be completed. Trafford was much more responsive. Mr. Oliver asked how Trafford's work would be warrantied. Mr. Bernard responded the paint manufacturer provided a warrantee for the paint. He explained Trafford was not building anything new;therefore, there was nothing to warrantee. Mr. Oliver asked what might happen if the paint peeled due to poor wall prep by Trafford. Mr. Bernard explained it was the CDD's responsibility to inspect the work as it was completed to ensure the walls were being prepped properly for painting. He stated he could ask Trafford for a warrantee of the work completed. Mr. Oliver stated he felt it would be reasonable to ask for a 1-year warrantee on workmanship. Mr. Bernard agreed. Mr. Ward asked if there were any further questions from the Board;there were none. Mr. Ward asked if there were any audience questions. An Audience member asked if this information, including Financial Statements, was available for review on the CDD website. Mr. Ward responded in the affirmative. He explained the information regarding the Bridge Maintenance was included in the Agenda Packet; Financial Statements were clearly posted on the website. Mr. Ward asked about the required deposit. Mr. Bernard indicated the CDD was not required to pay a deposit. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth, and with all in favor, the Award of Bid to Trafford was approved, subject to a 1-year warrantee from Trafford, and the Chair was authorized to sign. 3Ira , 16 I is Wentworth Estates Community Development District February 13, 2020 FIFTH ORDER OF BUSINESS Staff Reports I. Attorney Mr. Greg Urbancic reported the Legislative Session was in full swing and there were a number of bills which could impact the CDD; some were previously filed bills and one was to allow for notice advertising via websites in lieu of newspaper advertising. He noted this bill came up annually and would save the District money in advertising, but it was continually denied. Mr. Ward stated it cost the District approximately $4,000 dollars annually to advertise in the newspaper, and he believed passing the law to permit CDD's (and other such entities) to advertise and post notices online rather than in the newspaper would be a huge cost saver. Mr. Urbancic noted another bill potentially changed the requirements regarding posted documents on websites, such as Meeting Agendas in PDF format as required by the ADA. He indicated he did not expect this bill to pass. He stated he would keep the Board updated regarding the various bills. II. Engineer District Engineer Curt Keyser reported he was working to get the permits transferred into the CDD's name. lll. Asset Manager a. Status of Asset Operations—February 3,2020 Report Mr. Bernard reported lake bank restoration in Avellino had completed 1,400 feet of Lake 12 and next week the grading would begin. He indicated lake bank restoration would continue next with Lake 13 and Lake 14. He reported due to a steep slope, a lawn mower fell into Lake 9; the gentleman mowing was uninjured. He stated as a result Lake 9 would be moved up on the priority list and be completed this year. He stated he hoped Avellino would be completed in the next 30 to 40 days, followed by work in Piacere and one last section of Bella Firenze (the first lake as soon as you come in). Mr. Bernard reported a stormwater inspection was just completed. He distributed a copy of the report prepared by the vendor regarding the inspection findings. He noted many outfall pipes were 95% blocked with sand at the edge of the lakes which impeded drainage. He stated the catch basins in Phase 1 which contained 25%or more material had been cleaned; next,dredging of the outfall pipes would be completed. He explained he believed the first year of inspections for each Phase would reveal similar findings; however, the second year of inspections for each Phase would reveal half the findings as compared with first year findings. Mr. Bernard indicated he met with Golf Course Staff to discuss three small lake areas. He noted the Golf Course wished to remove a majority the wetland plantings which had grown over the lakes. He noted he agreed to bring in the CDD's aquatic vendor to work towards beautifying the lakes. He stated the Bella Firenze berm was raised, the washout areas were filled in and 4I 16I1 Wentworth Estates Community Development District February 13, 2020 strengthened, hedge lines were replanted, and sod was replaced for eight of the sixteen properties; the last eight properties would be completed next month. An Audience member asked to review the map of the properties. Mr. Bernard displayed and discussed a map of the properties for which the berms were repaired and illustrated what had been done, what was yet to be done, which direction the water would flow,etc. Mr. Bernard reported the arborist identified 54 trees which could pose a danger in a windstorm behind houses within the preserve area. He stated these trees were felled and laid down within the preserve area. A member of the Audience indicated pond 37 in the Golf Course seemed to have a broken bubbler hose. Mr. Bernard stated he would check the lake. He noted the lake may be the responsibility of the Golf Course, but he would meet with the Golf Course to determine what should be done. Mr. Ward asked if there were any additional questions from the Board; there were none. He asked if there were any questions from the audience. A Member from the audience asked about some dead Brazilian pepper trees along the edge of the preserves. Mr. Bernard explained no trees were allowed to be removed from the preserve areas; the trees and plants were treated and left to decompose naturally. The same Audience member stated these dead trees were an eyesore along a nice walking path (30 feet to 40 feet of dead Brazilian pepper trees). Mr. Ward stated he would review the permit to see if the Board was allowed to remove the trees or possibly cut the trees into smaller pieces. He noted generally the answer was no, but he would review the permit. The same Audience member then asked about yard drains. Mr. Bernard explained most smaller yard drains were installed by homeowners, most larger yard drains were installed by the developer. A member of the Audience asked if irrigation lines needed to be periodically pressure cleaned. Mr. Bernard responded the lines might need to be cleaned and could be checked as needed; however, most irrigations lines had filters which kept out debris and should not clog. IV. Manager a. Financial Statements December 31, 2019(Unaudited) Mr. Ward reported in order to align the CDD Budget, the CDD needed to perform a Budget Amendment to accommodate the Bridge Maintenance and other maintenance needs. He noted the costs for these maintenance projects required an $87,000 dollar budget change within the constraints of the Budget. He stated the money would be taken from the operational reserve; therefore, this reserve would no longer be present going into 2021. He asked if there were questions. He asked for approval of Resolution 2020-1 to approve the Budget Amendment. He noted the CDD would need to consider how to replenish this operational reserve moving forward. Mr. Oliver asked if the CDD had any minimal legal reserve requirements. Mr. Ward responded in the negative. 5ILa I 6 I 1 Wentworth Estates Community Development District February 13, 2020 On MOTION made by Mr. James Oliver, seconded by Mr. Andrew Gasworth, and with all in favor, Resolution 2020-1 was approved, and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's Requests or Audience Comments. An Audience member asked if there was a process for notifying the CDD of issues within the CDD's purview. Mr.Ward indicated he could be emailed directly from the website or Mr. Bernard could be contacted directly. SEVENTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at 8:51 a.m. On MOTION made by Mr.Joe Newcomb,seconded by Mr. Robert Cody, and with all in favor,the meeting was adjourned. Attest: Wentworth Estates Community Development District 40,,M Ade.' / c44/ — ��s i�idin.-- James P::/Ward, Secretary Joe ,4.wcomb, Chairman i illiirl 6I : ; t 16l 1 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday, March 12, 2020 at 8:00 a.m., at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairman James Oliver(phone) Vice Chairman Paul Zotter Assistant Secretary Robert Cody Assistant Secretary Andrew Gasworth Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Attorney Bruce Bernard Assets Manager,Calvin Giordano&Associates Audience: Steve Barger All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:00 a.m. and all Members of the Board were present at roll call. SECOND ORDER OF BUSINESS Consideration of Minutes February 13, 2020—Regular Meeting Mr. Ward stated the second order of business was consideration of the February 13, 2020 Regular Meeting Minutes. He asked if there were any additions,corrections or deletions to these Minutes;hearing none, he called for a motion. On MOTION made by Mr. Robert Cody,seconded by Mr.Joe Newcomb, and with all in favor, the February 13, 2020 Regular Meeting Minutes were approved. 1IPa5e j6I 1 Wentworth Estates Community Development District March 12, 2020 THIRD ORDER OF BUSINESS Consideration of Resolution 2020-3 Consideration of Resolution 2020-3 Approving the Proposed Fiscal Year 2021 Budget and setting the Public Hearing on Thursday,June 11,2020 at 8:30 A.M.at the TPC Tour Club,9800 Treviso Bay Boulevard, Naples, Florida 34113. Mr. Ward indicated the primary purpose of today's Meeting was to review and approve the proposed Fiscal Year 2021 Budget. He reported Statute required him to present a proposed Budget to the CDD Board prior to June 15 annually for consideration and for the purpose of setting a public hearing date. He explained approving the Budget with Resolution 2020-3 did not bind the Board to any programs or costs set within the Budget, but did set a maximum assessment rate; the assessment rate could be lowered moving forward but could not go above the maximum rate approved with Resolution 2020-3. He stated the Public Hearing was scheduled for Thursday, June 11, 2020. He indicated the time would be set for 8:00 a.m. He asked if there were any questions. Mr. Paul Zotter noted a typo in the date and times for this public hearing. Mr. Ward indicated he would correct the typo; the Public Hearing would be held on Thursday, June 11, 2020 at 8:00 a.m. at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Mr.Ward reviewed the Budget. He explained in Fiscal Year 2020(October 2019 through September 2020) the process of transitioning assets owned by the Homeowner's Association to the Community Development District. He stated at the time, the HOA was transitioning itself from control by Lennar Homes to control by residents. He indicated the resident HOA asked the District to consider transitioning the assets to the CDD for operation and maintenance. He stated the CDD agreed to take over this responsibility through a two year process: year 1 (current year)the CDD would take responsibility of the stormwater and preserve systems, as well as the bridge program; and year 2 take responsibility of the front entrance landscaping,fountain maintenance, and Southwest Boulevard's landscaping. He reported the irrigation pump station system which ran all residential irrigation in Treviso Bay was owned by the CDD;however,the line distribution system was owned by the HOA. He stated the residential pump station was only for irrigation within the community. He indicated the Budget for FY-2021 included the residential pump station which he would discuss further later in the Meeting. He reported his conversations with the HOA over the past several months had been positive in nature as the HOA had been extremely helpful regarding transitioning the remaining items, fact checking facilities owned by the CDD compared to the HOA, and the HOA believed the CDD should take on responsibility for maintenance. He stated the CDD was now in sync with the facilities and the Budget would transition all these assets to the CDD. He noted beginning in 2021 there would be more stability in the budget process and assessment rate process now that all assets will have been transitioned by fall this year. Mr. Ward reported the debt service fund was contained on page 5 and 6. He stated the debt service fund budget was the refinancing of the series 2007 bonds which were refinanced in 2018 and had new lower assessment rates beginning in 2019. He stated the rates in the debt service fund for each product type in Treviso did not change annually and remained consistent over time. He stated these bonds would term out at the same time as originally agreed (November 2037) at which time the bonds would be fully paid, and no further debt service assessment would be collected for these particular bonds. Mr. Ward directed the Board's attention to page 2 and 3. He stated the section labeled "Landscape and Irrigation Pump Station Services for FY-2021"were elements which had been added to the budget for this Fiscal Year. He explained these were assets previously maintained by the HOA in FY-2019 and FY-2020; Wage 16I1 Wentworth Estates Community Development District March 12, 2020 the CDD would assume responsibility for these assets beginning October 2020 (FY-2021): the total cost related to the landscaping services would be $177,500 dollars and included all landscaping maintenance for Southwest Blvd., the front entrance, the two side entrances off 41, the landscaping from the front entrance to the guardhouse, the front fountain and electric services for the fountain. He noted apart from the Landscaping the CDD would also maintain the Pump Station. He explained when he prepared the Budget he intended to include maintenance of all assets owned by the District; however, when in discussion with the HOA it was determined, as the Irrigation Pump Station only served the residential irrigation components and was an integral part of the landscaping program,the HOA would be in a much better position to maintain the Pump Station on a long term basis. He noted the he and the HOA were in agreement;therefore,the Pump Station maintenance cost of$84,000 dollars would be removed from the Budget and the HOA Agreement would be adjusted as needed. He stated it was important to note the water meter for the entry fountain was originally connected to the Sales Center's water meter and with the demolition of the Sales Center the CDD had to apply for a new water meter to service the fountain. Discussion ensued regarding the water not currently running properly in the fountain due to a motor malfunction,the fountain currently being fed water through the irrigation system,and the need to obtain a water meter to direct potable water to the fountain to prevent corrosion. Mr. Ward stated the County charged$16,000 dollars to install a new water meter. A Board Member indicated a 1-inch pipe would be utilized rather than a 2 inch pipe; therefore, the cost would be approximately $6,000 dollars for installation and water impact fees. Mr. Ward stated he liked this number better and would make the necessary changes to the Budget. Mr. Ward noted even with adding the bridge program and the water meter program,the CDD would still have approximately$10,000 starting off October 1, 2020. He stated the CDD would take over operations and maintenance of the new programs and would be a little cash short through the end of November; however, approximately 80%of assessments typically were collected in early December. Mr. Ward directed the Board's attention to page 3. He noted the rate for the operations budget was $776.69 dollars for FY-2021; it was$536 dollars in FY-2020; however,taking out the pump station would drop the rate to roughly$719 dollars going forward. He indicated mailed notices to the entire community were required this year as the assessments were over the cap rate established last year of$600.74 dollars. He explained residents would be notified, a public hearing would be held, and the Board would then decide upon the assessment rates for FY-2021. A Board Member asked how much over the cap rate had the assessments risen. Mr. Ward responded approximately$120 dollars; however,this was directly due to the CDD taking over maintenance from the HOA; if the CDD had not done this, the assessment rate would be well below the cap rate. Mr. Ward asked if there were any questions or comments from the Board. There were none. Mr. Ward asked if there were any questions from the audience. Mr.Steve Barger clarified the CDD owned the assets for which it was taking over maintenance responsibilities; no ownership was being transferred. He asked if he understood this correctly. Mr. Ward responded in the affirmative. Mr.Ward noted last year the Public Hearing was held at 6:00 p.m.;this year it was scheduled for 8:00 a.m. He asked if the Board would like to change the time. Discussion ensued regarding changing the time to 5:00 p.m.;the Board agreed to change the Public Hearing time to 5:00 p.m. Discussion ensued regarding the importance of understanding these were not new costs to the homeowners, the homeowners previously paid these costs through the HOA, possibly including this Wage 16I1 Wentworth Estates Community Development District March 12, 2020 information in the notification letter to the residents, and HOA dues possibly being lowered as a result of the transfer of maintenance costs. Mr. Ward indicated oftentimes the transition of the HOA to residents was a difficult and contentious process; however,this transition had been pleasant and smooth. He commended Axelrod for his work as the President of the HOA. Mr.Zotter stated the letter to the residents needed to be carefully written. He noted the CDD was taking over some costs from the HOA; however,the restoration program was a completely new program and as such was a new cost. Mr. Ward stated he felt this Budget needed to stand on its own and allow the HOA to communicate with the residents as it deemed fit regarding HOA fees. Mr. Ward asked if there were any additional questions; hearing none, he called for a motion to adopt Resolution 2020-3 which approved the Proposed Fiscal Year 2021 Budget as amended and set the Public Hearing for Thursday,June 11,2020 at 5:00 p.m.at the TPC Tour Club,9800 Treviso Bay Boulevard,Naples, Florida 34113. On MOTION made by Mr. Paul Zotter, seconded by Mr. Robert Cody, and with all in favor, Resolution 2020-3 was adopted as above,and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Staff Reports I. Attorney Mr. Greg Urbancic reported the Legislative Bill which would allow for publication of notice via websites in lieu of newspaper advertising had passed in the House and was now in the Senate. He stated procedural language had been added, such as a requirement to prove the notice cost was less when published on the website as compared to the newspaper. He noted if this passed, the CDD would save money on advertising going forward. Mr. Ward stated the cost for Public Hearing advertising alone for the CDD was over$2,000 dollars. Mr. Urbancic indicated a request was made to the Governor to suspend the Sunshine Law for meeting purposes during the coronavirus difficulties. He indicated he would keep the CDD updated as this moved forward. II. Engineer No Report. III. Asset Manager a. Operations Report March 2,2020 Mr. Bruce Bernard reported regarding the Lake Bank Restoration project, Lake 12 was completed (installed, graded, sodded, etc.). He noted the wetland planting on the littoral shelf had begun; 4IPage 16 1 1 ' Wentworth Estates Community Development District March 12, 2020 these plants would lessen the erosion. He indicated 6,500 wetland plants, harvested from Wentworth Estates lakes, were being relocated and planted. He stated Lake 14 restoration was underway and was approximately 80%completed;following this Lake 13 restoration would begin. He discussed the measurements of the restoration area for Lake 12, 13 and 14. Mr. Bernard stated regarding stormwater, MRI (the drainage contractor) was cleaning out the outfalls and would be finished at the end of March which would complete Phase I of the drainage program. He stated the berm refurbishment at Bella Firenze was completed (raising the berm, sodding, grading, etc.); however, he was bringing in a vac truck to clean the drain lines in the backyards of the affected Bella Firenze residents as the final touch to the berm restoration project. He stated the issues with these properties were now resolved; the washouts repaired, the landscaping replaced, the berms raised, the area re-sodded, etc. A board member asked about the residents who self-installed drains in this area. Mr. Bernard noted there were a couple of homes who had drains which were not developer installed; however, these drains caused no difficulty and were easy to work around. Mr. Bernard stated regarding the entrance feature, the contractor was selected, and the previously requested warranty had been obtained and approved. He stated he was meeting with the contractor today to review the colors which would be used (same as current colors). He indicated the work would begin in approximately two weeks; it would take approximately four to six weeks to pressure clean, paint, etc. He noted he was able to obtain a two-year warranty (as opposed to the requested one-year warranty). Mr. Bernard indicated the bridge paver repair project was complete. He discussed the repair process and the difficulties experienced. Mr. Bernard was asked to share the paint contractor's contact information with the Master HOA. Mr. Bernard responded in the affirmative. IV. Manager No report. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Paul Zotter stated he wished to reintroduce purchasing the property out in front of the community. He reported the property owner had a new For Sale sign up and was asking for$5.7 million dollars. He stated the Board should consider purchasing the property as owning the property out front would highly benefit the community. He discussed possible benefits included construction entrance control, utilizing the property, building a berm for better drainage,etc. He indicated he was not suggesting the$5.7 million dollars be divided up and each resident required to pay$3,300 dollars, but possibly the CDD could discover other options for financing. Mr. Ward reported the CDD could not place another debt assessment on the residents; therefore, the assessment would need to come through the operating accounts. He noted the assessment could be spaced out over seven to ten years. He indicated the rates were excellent at the present. He discussed Wage 16I 1 Wentworth Estates Community Development District March 12, 2020 present bond rates. He noted it would take six months to complete the process of purchasing the property if the CDD wished to proceed. Mr. Zotter stated the property was approximately ten acres. He noted discussions were being held regarding developing the property as a hotel, office space, retail, etc., and he believed the CDD would regret a decision not to purchase this property. He stated if spread out over ten years the assessment would be less than $300 dollars per unit annually. Discussion ensued regarding purchasing this property, offering$5.5 million dollars or$5.2 million dollars,the possibility of the price dropping due to the changes in the economy as a result of the coronavirus,the difficulties governmental entities experienced regarding price negotiation when purchasing private property, the appraisal coming in at $3.5 million dollars, and another appraisal being required if the CDD wished to move forward. Mr. Zotter stated he believed, from discussions with the HOA, the residents would not argue against owning this property. Discussion ensued regarding residents wanting to own the property but the timing being poor to purchase for the residents, the crashing market affecting residents, Taylor Morrison not having offered the purchase of the property to the HOA or the CDD before selling to the current owner, and not considering purchasing the property due to coronavirus fear being a mistake. Mr. Zotter made a motion to move forward with actively trying to purchase this property. Mr. Robert Cody seconded the motion. Discussion ensued regarding investigating possible options in this regard. Mr. Ward indicated a motion would give the CDD the option to look into purchasing the property. On MOTION made by Mr. Paul Zotter, seconded by Mr. Robert Cody, and with all in favor,it was decided to move forward with actively trying to purchase this property. Mr.Barger asked if the CDD would have the opportunity to develop the property commercially. Mr.Zotter stated, ideally, he wished to see the property grow naturally and be wild. He stated the HOA was always looking for a dog park area and the property could be used for this. He noted Via Veneto suffered from road traffic noise and owning this property would allow construction of an attractive sound barrier for the area. Mr. Barger asked if there might be an opportunity to recuperate costs by allowing an acceptable commercial development controlled by the CDD. Mr.Ward explained CDDs were not the best mechanism for private commercial development. Discussion ensued regarding some feeling$5.7 million dollars being too much money to spend on a green space, the possibility of allowing commercial development but exercising control over what was developed on the property, and whether the CDD legally could control commercial development on the property. Mr. Ward stated the CDD legally could not develop the property as a private commercial enterprise. He stated possibly the HOA could legally; he was unsure. He stated if the property was purchased by the CDD it would have to be developed as passive recreational or active recreational. Mr. Ward asked if there were any other questions or comments. There were none. SIXTH ORDER OF BUSINESS Adjournment Wage 1611 rth Estates Community Development District March 12.2020 M. Ward adjourned the meeting at 8:46 a.m. on MOTION made try Mr.2ott�er, Bonded by Mr.Cody,and with all in &troy, the meeting was adjourned. Wentworth Estates Community Development District rmespP. a,4 Secrofary ..mb, Chairma n 1611 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday, May 14, 2020 at 8:30 a.m., at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairman Paul Zotter Assistant Secretary Robert Cody Assistant Secretary Andrew Gasworth Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Attorney Bruce Bernard Asset Manager, Calvin Giordano&Associates Jimmy Messick District Engineer Audience: Steve Barger Jeffrey Torto Natalia Armstrong All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:39 a.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-52 and 20-69 issued by Governor DeSantis on March 9, 2020 and March 20, 2020 respectively, and pursuant to Section 120.54(5)9b)2., Florida, Statutes, this meeting was being held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board and Staff were present via videoconference or telephone;no persons were present in the on-site meeting room location. He asked all speakers to state their names for the record prior to speaking. He conducted roll call; all Members of the Board were present constituting a quorum. 11 Page 6I1 Wentworth Estates Community Development District May 13, 2020 SECOND ORDER OF BUSINESS Consideration of Minutes March 12,2020—Regular Meeting Mr. Ward stated the second order of business was consideration of the March 12, 2020 Regular Meeting Minutes. He asked if there were any additions, corrections, or deletions to these Minutes; hearing none, he called for a motion. Mr. Paul Zotter: On page 3 it talks about the two side entrances off 41. I am a little confused about what two side entrances we have off of 41 coming into Treviso Bay. Mr. Ward responded Mr. Bruce Bernard would be better able to answer this question but was unable to join the meeting. Mr.Zotter: Maybe it's referring to the entrances coming in from the sales center area which we look at as being the construction entrance and then the other entrance that went into the old sales center. Mr. Ward: That's the only thing I can think of also. Mr.Andrew Gasworth: I have a question on page 6. Highlighted in the middle it said, "On MOTION made by Mr. Paul Zotter, seconded by Mr. Robert Cody, and with all in favor, it was decided to move forward with actively trying to purchase this property." I don't remember that. All I remember was us voting on getting an appraisal and talking to the seller about his potential price. I don't remember us saying that we were going to actively try to purchase the property. Am I incorrect on that? Mr.Zotter: I absolutely remember it as it's written. Mr. Gasworth: I do not. Mr.Joe Newcomb: Andy I agree with you. We were going to look into it. We were going to get some new appraisals done and then bring it back to see if it's a worthwhile conversation to have. Mr. Bob Cody: That's what I though we were doing also. Discussion ensued regarding whether or not this was the actual motion made. Mr. Ward indicated the motion box would reflect exactly what somebody said, but this was an opportunity to add, change, or delete from the minutes. He suggested maybe something, "the first step will be to obtain an appraisal of the property and further steps can be taken once we have received those appraisals". Mr.Joe Newcomb:Or future consideration based on the appraisal It was decided to move forward with actively trying to purchase this property, the first step will be to obtain an appraisal on the property and future steps will be taken once the appraisal is received." The Board agreed to this amendment. Mr. Urbancic noted the paragraph prior to the motion needed to be changed to reflect the change in the motion. 2IPage 6I1 .4' Wentworth Estates Community Development District May 13, 2020 Mr. Ward agreed. He asked if Mr. Zotter approved of the change in the motion. Mr. Zotter: That's fine. My preference would be to go with what was accurately said based on the recording, but to continue things going, I'm fine with that. On MOTION made by Mr. Paul Zotter, seconded by Mr.Joe Newcomb, and with all in favor,the March 12,2020 Regular Meeting Minutes were approved as amended. THIRD ORDER OF BUSINESS Consideration of Resignation Acceptance of Resignation of James Oliver (Seat 4) from Board of Supervisors, which the resignation was effective April 9, 2020 Mr. Ward indicated Mr. Oliver's resignation, as a matter of law, was effective as of the date it was submitted which was April 9, 2020. He called for a motion to accept Mr. Oliver's resignation for the purpose of inclusion in the record. On MOTION made by Mr.Joe Newcomb, seconded by Mr. Paul Zotter, and with all in favor,the Resignation of James Oliver was accepted for purposes of inclusion in the record. I. Appointment of Board Member Replacement for Seat 4,whose term expires 11/2020. Mr. Ward explained when an individual resignes from the Board, the statute permits the Board to appoint someone to fill the unexpired term of the resigned individual; in this case the vacated seat, Seat 4,expires November 2020. He noted the early qualifying period for this seat begins the last week of May and the qualifying period begins the first week of June. He stated their may be one or more individuals who qualify for this seat. He stated the Board could fill the vacant seat now or the Board could leave the seat vacant. He asked for the Board's preference. He noted if the Board chose to fill the seat this could be done by a simple motion and second. Mr. Gasworth: Are you saying we can put a name in now or we need to wait? Mr. Ward: You may put someone on the Board today and they will be sworn in, obviously, after the meeting because we are not there in person today. Or you can wait. You may do one of those two things. It's a little unusual because you're so close to an election at this point. Someone will have to qualify for that seat in the next couple of weeks anyway, but if you put them on today they would still have to qualify for that seat or you can do either as you deem appropriate. It's really up to you what you want to do. Mr. Zotter: Do we run into any issues between now and the election that you perceive leaving that position vacant? As far as having a quorum, having the proper voting. Mr. Ward: Over the next couple of months we have a Budget Hearing in June which is important, so if we are not going to have a quorum from the four of you that's going to be a problem. We will get into 3IPage 16I 14 Wentworth Estates Community Development District May 13, 2020 the discussion of the property out front over the next couple of months if you decide to move forward today. Beyond those two items, I don't have a lot of items on the Agenda over the next couple of months, so again, I don't want to steer you one way or another. This is really your decision on what you want to do. This is clearly a Board decision. Mr.Andrew Gasworth: When you say discuss are you talking about us talking on line,or having a short discussion right now? Mr. Ward:I'm talking about the discussion now. Mr.Ward indicated if the Board wished to appoint an individual to the Board today,the Board should discuss the matter; however, if the Board did not wish to appoint a new Board Member today this Item could be continued to future Agendas until the Board was ready to appoint a new Member. Mr. Gasworth: I think we have someone who has been coming to the Meetings, who has gone ahead and done everything he needs as far as paperwork goes, who is very interested. He is currently acting as liaison to the CDD. Can we discuss this person for a minute? Obviously, I'm talking about Steve Barger. I know him well. He is very, very active in the community. He is active on multiple committees. He works with Natalia Armstrong and sits with her on her committees. I think he would be a good add to the group. He's very open minded;doesn't have an agenda. I don't know if we want to discuss him or if someone else has other people. Mr. Newcomb agreed Steve Barger was a good choice. Discussion ensued regarding Steve Barger's qualifications and residency. The Board agreed Mr.Barger was a good choice. Mr.Ward noted the audience remained muted unless it was a public comment portion of the meeting. He noted there were three audience members present. He asked if there was any public comment from audience members. Mr. Steve Barger indicated he would be pleased to join the CDD Board. Ms. Natalia Armstrong indicated she supported Mr. Barger's appointment to the Board. She noted Mr. Barger was currently acting as liaison between the CDD and the HOA. Mr. Zotter asked if there would be any conflicts of interest due to Mr. Barger serving on other Boards/Committees. Mr. Ward: Legally there is no prohibition against it, but from an operating perspective, the District has generally taken the position that the interface between the homeowner's association and the District goes through the office of the Manager which is consistent with the way a governmental agency works. Mr.Barger is welcome to do whatever he wants with the HOA. He just cannot represent the CDD on any matter in front of the HOA. That has to be done either through my office or the Board directly. Mr. Zotter: In that regard, if I'm hearing that correctly, if I heard Ms.Armstrong say he is currently a liaison between the Board and the CDD, would he be —I guess the question to Steve would be is he Wage 1 6 I 1 Wentworth Estates Community Development District May 13, 2020 willing to accept what you just explained to us in order to become a Member on the Board of Supervisors for the CDD? Mr. Barger: Yes, I would accept that. On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Joe Newcomb, and with all in favor, Mr. Steve Barger was appointed to fill the unexpired term of Seat 4. Mr. Ward welcomed Mr. Barger to the Board. He asked Mr. Barger to call him following the Meeting to receive instructions regarding the Oath of Office and appropriate paperwork. FOURTH ORDER OF BUSINESS Consideration of Resolution 2020-4 Consideration of Resolution 2020-4 Re-Designating of the Officers of the District Mr. Ward indicated Resolution 2020-4 re-designated the Officers of the District. He explained this was done when there was a resignation and a new Board appointee,or after an election. He noted Mr. Oliver was the Vice Chairperson and as such the Vice Chairperson was now vacant. He reported Mr. Newcomb served as Chairperson and the remaining Board Members served as Assistant Secretaries,while he served as Secretary and Treasurer. He explained Chairperson and Vice Chairperson responsibilities included conducting meetings and signing documents, Secretary and Treasurer responsibilities were administrative, and the Assistant Secretaries typically attested to the Chairperson's and Vice Chairperson's signatures. Mr. Newcomb stated he felt an existing Board Member who had CDD experience should be appointed as Vice Chairperson;Steve Barger should be appointed as an Assistant Secretary. Mr. Zotter agreed. He noted next to Mr. Newcomb he had served on the Board the longest and he was willing to serve as Vice Chairperson. Mr. Gasworth recommended appointing Mr. Robert Cody as Vice Chairperson. Mr. Cody indicated he was in favor of Paul Zotter as Vice Chairperson. Mr. Ward stated if this were the consensus, the motion would be to adopt Resolution 2020-4 with Mr. Newcomb as Chairperson, Mr. Zotter as Vice Chairperson,and the remaining Board members as Assistant Secretaries, and Mr. Ward as the Secretary and Treasurer. He called for a motion. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth, and with all in favor, Resolution 2020-4 was adopted as above,and the Chair was authorized to sign. 5JPage 16 1 1 Wentworth Estates Community Development District May 13, 2020 FIFTH ORDER OF BUSINESS Consideration of Acceptance of the Audited Financial Statements Consideration of the Acceptance of the Audited Financial Statements for the Fiscal Year ended September 30,2019 Mr. Ward stated the Auditor had not joined the Meeting. He noted these Audited Financial Statements could be accepted for inclusion in the record or the Statements could be continued to the June Agenda for review. He stated as of September 30, 2019, there was nothing in the Audited Financial Statements of any significance; the Statements were essentially the same as last year with updated information. He noted the Statements had been filed with the Auditor General and the Department of Banking and Finance as a matter of law. He noted he had no preference; if the Board wished to hear from the Auditor this could be arranged in June; if the Board were comfortable not hearing from the Auditor a motion to accept the Financial Statements would be in order. Discussion ensued;there were no questions regarding the Financial Statements;therefore, it was decided to accept the Financial Statements for inclusion in the record. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth,and with all in favor,the Audited Financial Statements were accepted for the purposes of inclusion in the record. Mr. Ward noted if any Board Member had a question regarding these Financial Statements following the meeting, he would be happy to answer said question or arrange for a conference call with the Auditor individually. SIXTH ORDER OF BUSINESS Staff Reports I. Attorney Mr. Urbancic: Other than the parcel matter, I didn't have anything else to report, but I can hold that until later, if we want to discuss that later on the Agenda. Mr. Ward: Yes, that's under my report, so you and I can do that when we do the Manager's Report. II. Engineer Mr. Ward noted Calvin, Giordano and Associates assigned a new District Engineer to this project, Mr. Jimmy Messick, who was present on the phone. He stated Mr. Keyser left CGA. He noted he did not know Mr. Messick but was advised Mr. Messick was well qualified. He asked if Mr. Messick would say a few words. Mr.Jimmy Messick: Good morning. I just wanted to thank you. I'm taking over the Wentworth Estates CDD form Curt Keyser. I have been working in engineering since 2005 with municipalities and boards for the whole time, so lam looking forward to working with you guys and thank you very much. 6Io < 16 I 14 Wentworth Estates Community Development District May 13, 2020 Mr. Ward thanked Mr. Messick and welcomed him to the CDD. III. Asset Manager Mr. Ward stated Mr. Bruce Bernard was having difficulty joining today's meeting. He asked for any questions regarding the Asset Manager Report to be held until following the Meeting. Mr.Jimmy Messick stated Bruce Bernard called his personal cell phone and was present via speaker phone; therefore, if there were any questions, Mr. Bernard could answer said questions through his (Mr. Messick's) personal connection. Mr. Ward stated Mr. Bernard was welcome to provide his report. Mr. Bernard began speaking, but it was difficult to hear Mr. Bernard. Mr. Ward indicated Mr. Bernard should give his report at another time. IV. Manager a. Continued Discussion on the Appraisal for the Commercial property at the entrance to the Community. Mr. Zotter asked if Mr. Barger would be permitted to participate in today's discussion. Mr. Ward responded Mr. Barger was a member of the audience for today's Meeting and could hear the discussion. He asked for the audience members to be unmuted, but to hold questions and comments until after the Board's discussion. Mr. Ward stated following the last meeting an appraisal was obtained for the commercial property situated at the entrance to the community. He stated the property was approximately 9.7 acres and was actively on the market for roughly $5.7 million dollars. He indicated according to the realtor's website the property was planned for two small restaurant sites right next to U.S. 41, a hotel/storage facility behind the restaurants (these were unpermitted land uses at the moment), and an ALF (assisted living facility) on the west side. He reported the appraisal was done by Julian Stokes, an extremely experienced appraiser. He indicated the appraisal price came in at roughly $4.938 million dollars which included the$500,000 plus dollars owed on the property for the CDD's capital assessments. When the appraiser does these appraisals with CDD debt,they appraise at the number $4.938 Million less the Capital Assessments, so it's really $4.4 Million plus the Capital Assessments added it brings the price to$4.938 million. He noted next the Board should consider whether it wished to move forward with possible property acquisition. He asked if there were any Board comments or questions. Mr. Cody: If the CDD were to pursue the acquisition of the property, what could the CDD do or not do with it? Mr. Ward: Once it becomes a governmental property, it's use is limited to those that are of a public nature. So,at the low end of that,you could make it a preserve. At the opposite end of that spectrum you could make it an active playground of some sort, maybe a small admin building for community use if you needed that for whatever reason. Tennis courts, ball fields, soccer fields, dog parks, whatever, those kinds of things. You cannot use it for any private activity. You can't build buildings on it that get leased out to private entities. A not for profit is substantively more difficult also, but 7IPage 1611 Wentworth Estates Community Development District May 13, 2020 generally it's public uses of a governmental agency. So, anything you would normally see a city, or a county do, are the kinds of things we can do as long as it's open to the public. Mr. Urbancic: 1 agree with Jim. And depending on whether we used it for certain uses, like recreational uses, I don't think this district has that authority yet from the County,so as part of what we have to do in order to do those uses, we might have to go into the County and get those special powers. Mr. Cody: So, if we were to acquire it, we could just leave it as a preserve area. Clean it up and just let it be natural. Mr. Ward: Correct. Mr. Cody: I drove by several times recently down to Tivoli and they've got the golf course, and I think it's a hell of an introduction to their community. I think Treviso Bay is so great I would hate to see a hotel or a gas station or anything like that. So,from our standpoint we could simply landscape it into a park and let it be a part of, what I call the natural showing off of our community. Is that right? Mr. Ward: Correct. Mr.Zotter: I'm on board with what you're talking about. A couple of questions here and things to think about for all of us is as we move with the possibility of acquiring this property, is I do agree that considering the nature of it being government funded in the sense and therefore being subject to public use. I do see a passive park setting is the direction to go. Looking at some of the things that Jim just said as far as hotels, storage, restaurants, AFL—I assume that's assisted living kind of facility? Mr. Ward: Yes. ALF is assisted living, Yes. Mr.Zotter: Looking at approximately 10 acres, I cannot emphasize enough what can be built on 10 acres of property, and that for us, even the CDD or even the HOA,for us as a community to pass up the possibility of acquiring that property is just something that we will kick ourselves for doing down the road. And while it might seem painful to do this and hit our pocketbooks to some extent. I think in the long run it is the direction we really need to continue exploring here. I'll leave it at that. Mr. Gasworth: I agree with Paul wholeheartedly. In giving it some thought, I think it would be a great asset where we could do a lot of good for the community by potentially moving our bocce courts over there, maybe even moving pickleball over there. There's issues with expanding pools, for this one tiny pool for a lot of condos. If we move pickleball over there we can expand that pool, so there is a lot of good to this. I know I sound like I'm against it, but I'm absolutely not against it. I just want to understand the cost if we want to take this property. In my opinion we would have to build a wall. I do not think it could be open to the street, otherwise it's open to pretty much anyone who wants to walk over there. If it's community property, if it's Treviso Bay, it should be walled in. That has to be added to the cost. If we want to add the pickleball, a dog park, walking trails, biking trails, it's another thing. Treviso Bay does not have good biking trails at all. It would be nice to have something. Jim do we have to come up with a plan and add that into the total cost when we try to figure out what this would cost? Wage 161 1 Wentworth Estates Community Development District May 13, 2020 Mr. Ward: Yes. You would need to do that. Step 1 is deciding whether you want to purchase it, and then step 2—we need to see if we can come to an agreement with the seller on whether or not they would want to sell it to us for the appraised price. $5.7 to$5 million is really not a very big difference in this market right now. There is an opportunity here if you want to do it, especially knowing that most of the uses planned for that site, with the public health emergency we are enduring now and probably will for a long time, those uses are really not going to happen any time in the near future. But yes, you will have to come up with some kind of a plan. 1 will give you around— this property costs$5 million. I ran just a very quick set of numbers this morning before the call. Including$3.5 million dollars for improvements on the property, whatever you want to call it, on a unit basis that works out, assuming we levy an assessment that's equal on all units, that works out to be $420 dollars a unit a year for 30 years. It would be a long financing, but that is what it would be. The number is a little smaller than/thought it was going to be on a per unit basis. So Andy, that will just kind of put you in a ballpark on what$3.5 million dollars added to your acquisition price will get you. Mr. Gasworth: That's what I was looking for. Mr. Newcomb: Are you figuring around a$5 million dollar acquisition. Mr. Ward: Yes, as a round estimate. $5 million in acquisition, $3.5 million for improvements, and doing a full-fledged 30-year financing on this adds obviously costs to it. It turns out to be about $600,000 dollars a year in debt service which is right around$420 per unit per year. Mr. Zotter: So, you're looking at a total of about$8.5 million financed over 30 years coming to somewhere around$420 dollars per unit. Is that what I heard? Mr. Ward: Yes. Pretty much. If you look at an acquisition cost of $5 million, $3.5 million in improvements, turns out to be roughly a $9.8 million dollar bond issue when you add capitalized interest, a reserve account, all of the things to it. The important part of it is $5 million for the acquisition,$3.5 million for improvements, turns out to be$420 dollars a unit a year for thirty years. Mr. Newcomb: With this market, the way it is, the bond financing, is that doable? Mr. Ward: The market's there. It isn't the best market I've ever seen. The interest rate is kind of good, but there are not a lot of buyers out there right now. The difficult part about this financing is that we have a covenant that we cannot do any more financings without the consent of the existing bondholder. The existing bondholder is Hancock Bank and when we did the refinance a couple years ago, as in all bond issues, this is not unusual for you all. There is always a covenant that they need to sign off on additional future financings. That is a threshold that we would need to get past. Mr.Zotter: Could that be a problem? Mr. Ward: I don't know the answer to that question. The market is very—it changes on a daily basis at the moment, so I just don't know. It's not something I would put up as a hurdle at this point and say don't move forward. I would just say that's something we would need to keep in our pocket and make sure it gets dealt with if we can come to an agreement with the seller. Mr. Newcomb: So, the$550,000 dollars that's included—where did that come from? 9IPage 161 � ' Wentworth Estates Community Development District May 13, 2020 Mr. Ward: When you do a bond issue there is a number of component parts. You have Capitalized Interest, that's the amount of interest you need to fund before we can go on the tax roll. That's a certain amount of money. You have a debt service reserve account to fund which we have in all bond issues, and then there is the cost of issuance. The underwriter's fee and the cost of the professional team:the bond counsel, underwriters, the trustee, all of that other stuff that it takes to do a bond issue, so when you look at an $8.5 million dollar improvement cost, that turns out to be roughly a$9.8 million dollar financing. Mr. Newcomb: I probably didn't ask the question correctly. When you came up with the appraised value and you said included in that would be the$550,000 that's currently owed. Mr. Urbancic: That's the existing debt on the property, that's assessed on that property. Mr. Newcomb: And that debt is in his lap at this point? Mr. Ward: Correct, so the financing would obviously necessitate the District to pay that portion of the assessment off. We would finance the full$5 million, take a half million and pay the debt off to the existing bondholder for that. Mr. Newcomb: What does it cost in fees to maintain that property each year, the way it is right now, to the existing owner. Mr. Ward: I think his assessment is about$100,000 dollars a year. Mr. Newcomb: I totally agree with you that in today's market nothing is going to happen there for a while. I just think we have to — in my personal opinion, if it were me, I'd have to do a lot of homework, maybe have a conversation with the government department, if they would be willing to put a building in there. If you guys want to keep it a green space. Greg,you may know what kind of liabilities we could encumber by doing that. Then I would assume it's going to take a majority vote from the homeowners? Mr. Urbancic: No, you would not need a vote. But you will have a public hearing when we levy the assessments, so all the owners would receive notice that we are going to take this action and have the opportunity to come and speak. Mr. Newcomb: I just see some hurdles, big hurdles, that I think we need to address before we push forward on this. I'm not directly opposed to the idea. I just think we are not prepared to make that decision at this point. Mr.Zotter: What sort of hurdles? Mr. Newcomb: Just what I just finished saying#1;#2 the idea of financing in today's market, that's not going to be an easy situation;#3 I personally think we have to somehow get some input from the homeowners here if they are willing to bite off another$420 dollars a year for the next 30 years. As transient as this area is, nobody stays for 30 years. I mean, it's Florida, nobody does it. I don't know if they are willing to take on that$420 bucks for five years if it's something that they are never going to use. I agree that aesthetically it will make the place look better. I definitely 100% agree with that. Those are some of the hurdles I see. 10IPage 16 I 1 Wentworth Estates Community Development District May 13, 2020 Mr. Cody: Why don't we take a month and pursue this with some of the questions you just brought up Joe. If the CDD were to acquire, even if we left it raw other than the initial finishing off,just making it into grassland, there is maintenance and upkeep required. Either we as the CDD have to do it, or we reach an agreement with the HOA. Is there a proper time that maybe we can talk to the HOA to say if we were to acquire it, these are the costs that somebody is going to have to pick up? Mr. Ward: The way the HOA is currently working is, assets that belong to the CDD are coming back to us. It doesn't really matter. If it goes into the HOA or the CDD, the costs are there. The key is twofold. With respect to the financing and everything, it's almost a chicken and egg thing. There is not much we can do until you decide whether you want to buy it. We can go ask questions of the bank all day long and they are going to go, "we might, we might not, we won't give you a guarantee." The bond market is going to be the same way. The second thing is, they are going to want to know what you are going to do on this land, so if you say we don't know yet, it's kind of another unknown at this point. The operating costs is the same. I could tell you what it's going to cost to maintain as a preserve or depending upon what you want to do with it, it changes your operating costs. The liability question, Joe, is—it's obviously there. Governmental agencies have sovereign immunity power in this State,so we're limited in terms of our liability with respect to—our insurance rates are really very good and I would not think you would see an appreciable increase in our insurance premiums by adding this land to our insurance policy. You will see some increased costs, obviously the cost of financing, $420 dollars per year, add to it maybe another$110 or$120 for your operations, the fact that the$100,000 dollars that's being paid by this commercial parcel now for operations now falls back on the remaining residents, so you will see an increase in your assessments going forward if you decide to do this. If you just double it and say it might be $800 dollars in total, that's a good ballpark. I can't tell you if it's going to be $600 or$900, but it's a ballpark that will get you in at this point. Mr. Cody: That's added cost to be picked up by the homeowners, so that's my point. Mr. Newcomb: From personal experience, I have properties all over Naples, and some of them who have the high fees have seen their property values tank because people don't want to pay the fees, so they keep lowering their prices on the purchase. It's either that or the transfer fees. At Fiddler's Creek they are up to $30,000 dollars on a transfer fee simply because their fees are so darn high. You can buy a condo down there for$80,000 dollars that the original owner probably paid$350,000 for, and then you have a$30,000 dollar transfer fee. So, we have to be a little cautious about how much the fees run here. I will say that our fees, for the amenities that we have comparatively speaking throughout Naples are on the cheap side. I will give us that. To me, that's one of the attractions here. Mr. Gasworth, I agree with that 100%,that's been my hold back as well. Mr. Newcomb asked if this would ever come up to a vote by the residents. Mr. Ward responded in the negative. He stated the CDD could obtain input from the residents, but it was ultimately the CDD's decision. He noted if the CDD chose to move forward with the acquisition a public hearing would be required regarding assessments. He stated the public hearing would be the decision point; if the CDD voted yes then Staff would move forward with the bond issue,financing, improvements, etc. 11IPage j611 Wentworth Estates Community Development District May 13, 2020 Mr.Zotter: I understand what everybody is saying. Joe there are certainly ways each of us can say we talked with numerous people, and people say buy, don't buy. The HOA has access to doing many surveys that can assess in getting more accurate ideas about that. I know it's quite clear where I stand on acquiring that property out there. I think you just have to drive up and down 41 and look at what is coming up and the fear of a McDonald's, restaurants, any combination of things that Jim has mentioned as possibilities, it really is troublesome to me. It concerns me to no end that, when I think about selling my property someday down the road, that somebody drives right past it because of what has now been built out in front there, and we missed the opportunity to prevent that sort of thing. $420 dollars, yeah, that might be difficult to say we'd get stuck with that for the next 30 years, but it sure didn't seem to be too much of a problem when everybody got hit with $2,300 dollars for fixing up the golf course. And we haven't seen the end of that. I just say move forward with this. Jim, we look to you quite a bit. What are your thoughts? Mr. Ward: I don't do political decisions. I will tell you in terms of your assessment levels overall in relation to other properties in Collier County,for CDDs, they are consistent with where they are right now. Your operating assessments are a little higher than normal for some CDDs, but not significant numbers based upon the value of the assets that you are maintaining. 1 will also tell you that many communities have a lot of these assets that are in HOAs being maintained. So, you flip where you put the money is all you are really doing at this point. Personally, if you ask me the question, is$400 dollars a year going to make a difference when you look at the entire value of this community, which is probably well over$400 million dollars, if I was making the decision personally on my own home I would go "eh, not a bad number." But I will tell you, it's not an essential governmental purpose for an acquisition. It might, I think be a good idea to consider it simply because of its location in the context of this community and protecting your overall values, but what you want to do out there is really up to you whether you want to pursue it. I will tell you, in my experience, you will get your communities opinions that go from A to Z on this: buy it, don't buy, do this, do that, yes we want bocce ball, no we don't, yes we want bicycling, etc. It will be all over the board, that is a given. And this is not an easy process. I will tell you this is a very difficult process to go through to try and buy it from basically a seller who is not the most willing at this point and to get this developed. Mr. Newcomb: Listening to everyone's thoughts I think maybe we should start into the process. We can always stop at any point if it becomes overwhelming for everybody, but I think at this point we go ahead and start the process. Mr. Zotter: I think you're right. I think we all what to buy this property. I think we are all a little concerned over what might come out of that, but to stop the wheels from spinning at this point might not be a good thing to do as opposed to what you say. Jim, I'm assuming there are a number of things down the road that if we say we don't like this, we can stop it. Mr. Urbancic: I think a lot of that is going to be how we structure the deal. Clearly, we have to get the seller to agree. I've talked with the broker and he knew of our interest. I think there were some members of the HOA that had already reached out and discussed with them. I think they are hungry to get an offer. There is a question of whether or not we can bridge the gap with their price. They have dropped their price significantly since the first time we started talking about this. Maybe 12, 15, 16 months ago. So, there has been a price drop and there have been changes in the economy. I think there are going to be changes in the local commercial real estate market that will probably benefit us. I think Jim alluded to that earlier. When we structure the deal, I think we would have some due diligence time in order to try to resolve some of these things and go through the processes 12IPage Wentworth Estates Community Development District May 13, 2020 we need to go through. 1 think you're right Paul, in that process in our structure we would have the chance to basically pull the plug and say maybe this isn't the right thing once we get some comments, but at the end of the day, we do have to agree, not only on price, but that same structure with the seller, so that the seller agrees to give us that time. I'm not saying they will, or they won't, I don't know, but I don't think we'll know until we actually have those discussions. Mr. Zotter: You said the HOA actually inquired about this. That tells me there was support from that side. Mr. Urbancic: I think there were some inquiries made and some questions made of the broker given the rendering, the conceptual plan, and as Jim had mentioned, I'm not sure that all the uses they show on the conceptual plan are permitted under today's zoning ordinance. I haven't looked at that, but that's what I've been told. I think there were some questions and some comments and when I discussed with the broker, who I know, who is a really good broker in town. He had known that there was some interest on the CDD side. How he figured that out I don't know. It may have been from the HOA members. Could read our minutes. Things like that. But I know there was contact from the HOA side. Mr. Zotter: Is there any tax or any benefits to dedicating the property as green preserve. I know that sometimes if you dedicate to a government, or Collier County, and say we will not build on this property, it will be dedicated as passive reserve, that there might be some financial benefit to doing that. Does that exist? Anybody know? Mr. Ward: Greg and I will both refrain from providing tax advice on this. There are provisions of the federal code that do give property owners some benefits, but that is only in a condemnation proceeding which this will not be a condemnation proceeding. Beyond that I can't tell you. I don't know if Greg knows of any other way to do that, but we tend to stay out of that realm of discussion. Mr. Urbancic: I don't know of anything either. We could consult with somebody if we had to, but in terms of real estate taxes, if we own it, and it's used for a public purpose, we wouldn't incur and real estate taxes, but from a federal tax standpoint I don't know. Mr Joe Newcomb: Basically, we're a government entity buying so, that may send the tax benefits out the window. Mr. Zotter: Based on what I've heard and the numbers that I'm hearing, I would still say let's keep moving forward. Mr. Newcomb agreed. Mr. Gasworth: How do you figure the interest rate on a 30-year bond? How does that work? It's different from a mortgage I assume. Mr. Ward: It's actually quite similar. The way you calculate the amortization is very similar to a mortgage. The numbers I have you earlier, I used an interest rate of 4%. That was the market three weeks ago. I don't know what it is this morning. As I said. But it is a municipal financing, so it's tax free financing to whoever is the purchaser of that debt, so they get a benefit from that. AAA rates right now are obviously well under that,but this is a CDD doing it,so you are going to see a difference because of that. But it's calculated based on a mortgage. So,you take whatever you want to finance and run a standard mortgage analysis and you can figure out a yearly rate for it. 13IPage t6I1 Wentworth Estates Community Development District May 13, 2020 Mr. Gasworth: That's what 1 did, and I just come up with a lower number. That's the only reason I asked. Mr. Ward: You are going to because you probably don't have all the costs included in doing the financing, and I'll be glad to share with you this, as I said I did a really quick down and dirty spreadsheet this morning, so I can send it over to you if you'd like to look at it. It's not hard. Mr. Gasworth: I'm just confused because when I do the calculation, a$10 million dollar loan, over 30 years, at 4%, divided by 1,400 houses, I come up with a much lower number,so I am curious. Mr. Ward: We will send it over to you. Mr.Zotter: How many units are there again? Mr. Ward: Without the commercial piece in there, it's 1,433. Mr. Newcomb: Can I get a copy of that breakdown as well? Mr. Ward: I'd be glad to. This is really rough, so you can't criticize it, but I'll send it over to you. I do want to make this clear, if we are going to pursue the acquisition, then we need to have the authority to actually negotiate an agreement with this seller for this land if that's what you would like to do. Greg and I will obviously put in all the caveats of what we can't do and the timing and all of the other stuff, but this would be a decision point. If you want to pursue the acquisition it would be a motion. Basically, the motion that was in the Agenda from before,so it's a motion to authorize your Staff to negotiate an agreement with the seller for the acquisition of this property. Staff will determine the business points that will obviously then come back to you at some point. Mr.Zotter: I would like to make that such motion. Mr. Newcomb: At what point in time do you come up with the offer price Jim? Mr. Ward: During the negotiation with the seller. Mr. Newcomb: So, this is the buildup to that negotiation? Mr. Ward: Correct. Mr. Cody: Will we have the opportunity at some point to approve that or disapprove? Mr. Ward: Yes. Obviously one of the points of the agreement will be that Greg and I would have to bring that to you for approval at some point in the near future. You are authorizing us to proceed to negotiate an agreement for the acquisition of the property, subject to the terms and conditions that we negotiate in the agreement with the seller. Mr.Ward asked if Mr. Barger had any questions or comments. 14jPage ibl1a Wentworth Estates Community Development District May 13, 2020 Mr. Barger: You made a comment earlier that property purchased by the CDD can only be used for public use. Is that the general public or our community? Mr. Ward: Well, I'll answer the question in two parts. If we do a tax-free financing over it, the IRS defines the public as the general public. If we do a taxable financing on the piece, it's only limited by our State law requirements. I am not of the opinion that it would have to be open to the general public unless we charged some kind of a fee for permitting their use, assuming you are doing an active facility. Mr. Barger: I think that's significant, how would we proceed with that? Which way would we go? Mr. Ward: It depends on the use. Step one would be to come up to some kind of an acquisition agreement. You all do need to decide what you're going to do with it. If it's going to be a substantively more active facility as I've heard on the call today, then you will definitely be limited to its uses if it's tax free financing. Normally a CDD would do tax free financing. Mr. Barger: Are we compromising our negotiating position when we publish our minutes? Mr. Ward: Unfortunately, that is a little bit of a difficult thing. The answer is yes, you compromise your position, but there is no way not to do that. The negotiation is handled by Staff, so Greg and I will handle that. That part of that is not within the context of the public record itself, but obviously the agreement would be when it goes back to the Board. The good part about this is we do have an appraisal on this property, so our ability to wiggle through that number is very, very constrained. You have a seller here that obviously is$700,000 dollars over our appraised number,so I don't think he's going to go below the appraised price. The question really will become, will he be in a position to sell this property for the appraised price of$4.938 million. Mr. Zotter: So, we are all looking at a price of approximately$5 million to purchase this property. So, with regard to what Steve—I think what you're saying is—I think we all know what number we're talking about. Whether or not that's out in the open at this point, it almost doesn't matter. If the guy decides he wants$5.9 million dollars it doesn't matter, we know what we're talking about. Mr. Barger: Just to be clear, if we build bocce courts and dog parks and swimming pools, they would be open to the general public? Mr. Ward: Correct, subject to we would establish that they would have to pay, but yes, it would be limited. Mr.Zotter: If we do the financing via the government. If we do commercial funding, then you could change that. Mr. Ward: Correct. With some limitations, but yes. Mr.Zotter: Deciding what to put on there right now we could all be going crazy here, because some of us don't see swimming pools. Some of us don't necessarily see bocce courts, some of us see just a very passive place with paths to ride a bike through with a few picnic benches and a lot of trees to make the front pretty. We could go crazy here debating that as opposed to just do we want to get that property and kind of figure out what we're going to do with it in the next few meetings. 15IPage 16 1 1 -4 Wentworth Estates Community Development District May 13, 2020 Mr. Joe Newcomb: I think if we go ahead and start pursuing it we can figure out all those things later down the road, as long as we have a lot of outs to the contract built into the contract or the offer, then—because right now we have too many unknowns since we don't know what this guy will sell the property for or what his plans are. I think we need to get some finite answers first, but as long as it's built into the offer Jim, that we have a million ways to get out of this if we need to, I think we'd be okay to start the process. I agree with Steve and those were great questions Steve, great points. I don't think we want the general public coming onto our property. I think you want to avoid that at all cost, and then we'd have to position somebody out there to collect fees. You can't make any money on it. Am I right about that Jim, as a government entity you are not allowed to make a profit on it? Mr. Ward: Yeah, that's not possible. Mr. Gasworth: But again, I think if we word the offer correctly with a lot of outs, then I don't see the harm in pursuing it. Mr. Ward asked if there were any additional questions or comments;there were none. On MOTION made by Mr. Paul totter, seconded by Mr. Andrew Gasworth, and with all in favor, Staff was authorized to negotiate an agreement with the seller for the acquisition of this property. b. Report on Number of Registered Voters as of April 15, 2020 c. Financial Statements January 31,2020 (Unaudited) d. Financial Statements February 29, 2020(Unaudited) e. Financial Statements March 31, 2020(Unaudited) Mr. Ward reported there were 746 registered voters in the District. He noted the District had long since passed the threshold of why the number of registered voters was reported, but there was no provision in the Statute to suppress the reporting after the two thresholds were met. He indicated there was no action required from the Board. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any audience comments. Mr. Jeffrey Torto: I'm a new resident, part time, I live in Boston. My background is in commercial real estate. I work at a large real estate investment management firm where we manage about$110 billion in commercial properties globally. Question for you on the land purchase is why not engage a broker to represent us--I'm not a broker--just to make sure the pricing is correct? We're looking at our portfolio, and just this first quarter because of COVID, we think we are going to see 5%to 10%declines, and it would be much more so on land. So, I think an appraisal is nice, but it's probably already way behind on where the real market is. I would anticipate that pricing would be much less than that. That would be my recommendation. 16IPage I61 1 Wentworth Estates Community Devefupment District May 13.2020 Mr. Ward: Governments have done it both ways, r will tell you that;and Greg may wont to help me with this one. but most governments do not use a broker for these land acquisitions because they are really based on an appraisal. Obviously, this appraisal was done April 5, 2020,a little flare than a month ago, so we could get that updated You will not find that governments will pay more than the appraised price and if you wont to engage a broker and subject the District to those fees for doing that. I don't have any opinion on that. I'll let Greg chime in. Mr. Urbarnlc: We certainly could, and I can make some recommendations if we want to engage one_ I guess the only thing I would say is there would be another fee involved and sometimes those fees ore worth paying,butt will also say that one of the comments 1 was asked by the broker who has it fisted was,are you guys represented by a broker because that may help us dose the gap in terms of the price. There are those considerations and a cast/benefit analysis that we would hove to do. If the Board is interested in talking with one or engaging one, I certainly con make recommendations, but this is sort of that cost/benefit we would hove to do on it Part of the challenge is, sometimes our arms are tied behind our backs as a government negotiating these types of real estate contracts because we are almost an open book. They can come listen to the audio of this meeting or look at our minutes, and so that's what makes it a challenge overall Mr. Ward asked if there were any other Board or audience questions or Supervisor's requests;there were none. EIGHTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at 10:00 a.m. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gaswo th,and with all in favor,the meeting was adjourned. ATTEST; Wentworth Estates Community Deve . • = District Plir 1//4:7Z(Y1/, 4111111r.41e.- - James p Beard,Secretary uriromh, Chairman t611. MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday,June 11, 2020 at 5:00 p.m., at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairperson Paul Zotter Vice Chairperson Andrew Gasworth Assistant Secretary Robert Cody Assistant Secretary Steve Barger Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Attorney Bruce Bernard Assets Manager, Calvin Giordano&Associates Audience: Mohammed Rahman (ph) All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P.Ward called the meeting to order at approximately 5:01 p.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-52 and 20-69 issued by Governor DeSantis on March 9, 2020 and March 20, 2020 respectively, and pursuant to Section 120.54(5)9b)2., Florida, Statutes, this meeting was being held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board, Staff and the public were present via videoconference or telephone; no persons were present in the on-site meeting room location. He asked all speakers to state their names for the record prior to speaking. He conducted roll call;all Members of the Board were present constituting a quorum. Mr.Ward indicated members of the public would remain muted until the public comment portions of the meeting. SECOND ORDER OF BUSINESS Consideration of Minutes Wage Wentworth Estates Community Development District June 11, 2020 16l1 May 14, 2020—Regular Meeting Mr. Ward stated the second order of business was consideration of the May 14, 2020 Regular Meeting Minutes. He asked if there were any additions, corrections, or deletions to these Minutes; hearing none, he called for a motion. On MOTION made by Mr. Robert Cody, seconded by Mr. Andrew Gasworth, and with all in favor, the May 14, 2020 Regular Meeting Minutes were approved. THIRD ORDER OF BUSINESS PUBLIC HEARING Mr.Ward indicated the primary purpose of today's Meeting was to conduct two public hearings:The first was consideration of adoption of the Budget and the second was in respect to the imposition of the special assessments. a. PUBLIC HEARING—FISCAL YEAR 2021 BUDGET I. Public Comment and Testimony Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr.Joe Newcomb, seconded by Mr. Paul Zotter, and with all in favor,the Public Hearing was opened. Mr. Ward stated this Budget was presented to the Board a couple of months ago. He indicated the only change to this Budget from the prior year's budget was the addition of two new services the CDD was assuming pursuant to the direction to move maintenance of the assets owned by the CDD from the HOA to the CDD. He noted these assets included the main entryway, roadway, landscaping, entrance features, and SW Blvd. He explained this was the reason for the change in the assessment levels for Fiscal Year 2021. He stated this was an opportunity for any members of the public to provide comments,testimony,or questions with respect to adoption of the District's Budget. He asked if there were any members of the public present on the phone or video conference with any comments or questions. Mr. Mohammed Rahman: I own the commercial parcel by the entranceway to Treviso Bay. I received a proposed Budget assessment of$65,453.83 dollars. 1 spoke to Mr. Jim as of this morning and he came up with a new assessment which brought the number down to somewhere close to$24,000 dollars. I am still here to address in due time. I did file an objection referring to that original offering memorandum of the CDD. There are two different versions of that, and two different sections that it stated that three of the parcels, even though in the District, should be excluded from the assessment. One is the 5-acre lot for FPL, one is the commercial lot that is 10 acres, and the golf course. I am still disputing—the change of the ownership took place in the end of 2017,and since then my property taxes didn't go up,but the CDD assessment is what I inherited. Originally, I don't have any objections with that, but it keeps going up, starting in 2017 it was 2IPage 161 Wentworth Estates Community Development District June 11, 2020 $74,000 and some change. In 2018 it was almost$86,000. In 2019 I paid almost$112,000 dollars and I think I'm disputing the assessment because now the facility is benefitting from this commercial back end lot. Mr. Ward asked if Mr. Rahman had a question. Mr. Rahman: The question I am asking is for the Board to look at this objection before it is finalized. Mr. Ward: This is a hearing on the Budget itself. If you are going to question the assessment, that would be the next public hearing. The information you just put on record is a matter of record now. We can take up your assessment question at that time. Did you have any questions on the budget itself? Mr. Rahman responded in the negative; he had no questions about the budget. Mr. Ward asked if there were any additional public comments or questions; hearing none, he called for a motion. On MOTION made by Mr. Steve Barger, seconded by Mr. Paul Zotter, and with all in favor,the Public Hearing was closed. II. Board Comment and Consideration Mr.Ward asked if there were any questions or comments from the Board;hearing none,he called for a motion. III. Consideration of Resolution 2020-5 adopting the annual appropriation and Budget for Fiscal Year 2021 On MOTION made by Mr.Joe Newcomb,seconded by Mr. Robert Cody, and with all in favor,Resolution 2020-5 was adopted,and the Chair was authorized to sign. b. FISCAL YEAR 2021 IMPOSING SPECIAL ASSESSMENTS; ADOPTING AN ASSESSMENT ROLL, APPROVING THE GENERAL FUND SPECIAL ASSESSMENT METHODOLOGY Mr. Ward: Essentially what this Resolution does is set your assessment rate for Fiscal Year 2021 at $719.27 per unit. I will get into the question that the owner of the commercial parcel out front mentioned to you. The next Resolution will be to establish the cap rate for the District for this year. I will take a moment at this time— The issue with the commercial parcel, I will go through that briefly with you, the commercial parcel was assessed in this current budget at an average residential unit conversion of approximately 9 units to the acre which equated to 91 equivalent residential units for commercial purposes. That particular parcel is assessed at 91 times the$719.27 rate. As Mohammed had mentioned to you, I did speak with him a couple of times this week with respect to the assessment for the commercial parcel. I went back and took a look at how we assessed the commercial parcel for the capital assessment program that was revised in 2012 subsequent to the acquisition of the property by Lennar Homes. The assessment equates to 2.1005%of the total at the time that was outstanding for the District at that time. That was a rather in depth engineering analysis to show that the 3IPage 16 ! 1 Wentworth Estates Community Development District June 11, 2020 infrastructure that the District constructed with those bonds, which basically included the landscaping improvements,the bridge coming into the community,SW Blvd, the entire water management system and a few other ancillary items in that program. The commercial parcel was obligated to pay 2.1005% of that total capital and that is consistent and that is what that owner has paid since 2012 and continues to pay that amount as of today. What I think would recommend to you is that we use that 2.1005% as the way in which to calculate the assessments for this parcel for the Fiscal Year we are going into, and that would equate to an assessment of$23,023.09. That is 2.1005% of the total expenditures anticipated for the General Fund which was $1,096,172 dollars. That would make his assessment consistent with the way in which we did the operating assessment with the same infrastructure which he is paying for through his capital assessment program. By doing that, that will leave a shortfall within the District of roughly$42,400 dollars. I would not recommend increasing the assessment above what it is, which is the$719.27, and which is now what's in the adopted budget, and the District, during Fiscal Year 2021 will make any appropriate changes, probably towards the winter months if needed to be able to absorb that difference which is roughly$42,000 dollars. I think that, I'm not going to speak for Mohammed as to whether or not that solves his problem, but that is a fair way and a reasonable way and the correct way in which to apportion the assessment on that property based upon the changes we have had to this operating program over the last couple years and now makes it completely consistent with the way in which we levied the assessment for the capital program for this District. I. Public Comment and Testimony Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. Paul Zotter, seconded by Mr.Joe Newcomb, and with all in favor,the Public Hearing was opened. Mr. Ward asked if Mohammed had any comments. Mr. Rahman indicated he had no questions; the new assessment rate was better than before. Mr. Ward asked if there were any members of the public present on the phone or via video conference with comments or questions; there were none. He called for a motion to close the Public Hearing. On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Steve Barger,and with all in favor,the Public Hearing was closed. II. Board Comment and Consideration Mr. Ward: The two resolutions that finish off this portion of the public hearing—the first one is Resolution 2020-6 which sets your operating assessment rate at$719.27 per unit per year— Mr. Paul Zotter: Jim, did we just approve that change in the assessment? I wasn't sure. Mr. Ward: I don't want to put words in Mohammed's mouth, but as I heard it, he indicated it was "a lot better than what it was"as proposed. Wage Wentworth Estates Community Development District June 11, 2020 Mr.Zotter: I'm asking did we just approve that, or is this still a question— Mr. Ward: That's what you're going to do with the adoption of this Resolution. Resolution 2020- 6 establishes the operation and maintenance assessment for Fiscal Year 2021 as$719.27 per unit. It also at this point will change the method of assessment for the commercial property equal to 2.1005%of the total operating budget of$1,096,172 dollars for an allocated cost of$23,025.09. That's what that particular resolution does. The change obviously for the Board is that it does approve the change in the method of assessment for the commercial property as I identified for the record. He asked if there were any questions. Mr.Zotter: So, does that rate of$719.27 change? Mr. Ward: No. We are leaving the rate for the$719.27 as is for the Fiscal Year 2021 that starts October 1. Mr. Zotter: Alright, then the difference, should this get approved, and the commercial property out front, the difference of$42,000, where would be making that up? Mr. Ward: I have an operating reserve of$175,000 in this budget, so in all likelihood as we go through the budget this year, that's where it will come down to, if not in the operating accounts during the year, but the most likely place will just be a reduction in your operating reserve from $175,000 down$42,000. Mr.Zotter: And you are comfortable with that? Mr. Ward: Yes, sir. Are there any questions from the Board? There were none. Any questions from the audience? There were none. Motion to adopt Resolution 2020-6 is in order. III. Consideration of Resolution 2020-6 imposing special assessments,adopting an assessment roll, and approving the general fund special assessment methodology On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Joe Newcomb, and with all in favor, Resolution 2020-6 was adopted as amended,and the Chair was authorized to sign. IV. Consideration or Resolution 2020-7, Establishing an Operation and Maintenance Assessment Cap for notice purposes. Mr. Ward: The final resolution is an optional resolution, but it's called a cap rate resolution. Essentially, since I know Mr. Barger is new to the Board, and the other Board Members do know this, I will go through this with you. The Statute requires the District to do mailed notice on a yearly basis to everybody in the community unless we establish a cap rate. The cap rate simply means that as long as the District stays within that cap rate, we do not need to do mailed notice to the entire community. The cap rate for Fiscal Year 2021 will be$805.59. That simply means that I do not have to send out 1,400 and some odd notices every year in order to conduct this public hearing, and that we will only do that if we go over that rate going forward. From my perspective it is recommended. It is generally not a particularly difficult issue to get past with your Wage t611 ` Wentworth Estates Community Development District June 11, 2020 community and in general all communities. I will leave it up to you, but the Resolution is recommended. On MOTION made by Mr.Joe Newcomb,seconded by Mr. Robert Cody, and with all in favor,Resolution 2020-7 was adopted,and the Chair was authorized to sign. Mr. Ward: That concludes the items with respect to the adoption of the budget for next year. That puts us on a path to implement that beginning October 1 of this year and that is the anticipated date that we will assume the new facilities for the entranceway and SW Blvd. and I know Mr. Bernard is going to be working with the association in order to get that done for that particular date. FOURTH ORDER OF BUSINESS Consideration of Resolution 2020-8 Consideration of Resolution 2020-8 designating Dates,Time, and Location for Regular Meeting of the Board of Supervisor's for Fiscal Year, 2021 Mr. Ward reported Resolution 2020-8 named the Meeting time, dates, and location as 8:30 a.m. at the Treviso Bay Clubhouse,on the second Tuesday of every month. He stated the Resolution did not bind the Board to these dates,time, and location;the Board could make changes as it deemed fit. Mr. Zotter: When I look at the schedule, are you anticipating no meetings until October, and then thereafter every month? Am I interpreting that right? Mr. Ward: No. Two years ago, we set them on a quarterly basis. Last year I don't remember, but I think we did them on a monthly basis, so this is the full year's date. From a staff perspective I don't need all of these meetings. Clearly probably November we would have one, or December, as we get into the new program, and then start up again in January or February, going to April or May, and then July or August kind of a time schedule. Mr. Ward asked if there were any additional questions; hearing none, he called for a motion. On MOTION made by Mr. Paul Zotter, seconded by Mr. Joe Newcomb, and with all in favor, Resolution 2020-8 was adopted as above,and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Staff Reports I. Attorney No report. II. Engineer a. Operations Report April 2020 6 I r ,F :> e 1bI t Wentworth Estates Community Development District June 11, 2020 Mr. Bernard reported the lake bank restoration project was completed for this year and the bridge/main entrance project was almost completed. He reported all other capital work had been completed for the year. Mr. Steve Barger asked what was left to be done in the bridge project. Mr. Bernard: The four light posts on the east side of the bridge. Mr.Zotter: With regards to the golf course and what's being done out there, we are ultimately still responsible for the ponds at the golf course. Is that correct? Mr. Bernard: Correct. Mr.Zotter: Have you been monitoring the progress of the work being done out there? Mr. Bernard: Yes. I go out there every week or every other week to check what they are doing. Our aquatic vendor is working with the golf course superintendents to get all the exotics and the grasses sprayed back and stuff that we want to do while they are shut down. Mr.Zotter: Are you monitoring as far as the work that is being done? Some of the work is very close to the bank edges of the water and actually what appears to be almost into the water, and that that work is being done according to what you would want it to be so that if there are any problems down the road we're able to see where it's coming from? Mr. Bernard: I'm working with Robert Adams there. Next time out I'll take a look at the banks and make sure the slope is correct and that we have no issue with the CDD portion of it. Mr.Zotter: Right. And I think it all looks great, but I noticed some of the sand traps are so close to the water's edge and what will happen in the event of a high water level which then goes into the sand trap, which then washes down into the lake beds? Just something to think about. The second question that I have is, it was brought to my attention about a homeowner's concern the grass that grows into the ponds. In particular the large pond at Bella Firenze. Do we take care of that grass growing out of the water? Is that something that you want in there? The particular concern from the homeowner was the grass grows so high, and it is a very large area, and it blocks a view or— Mr. Bernard: What neighborhood is that? Mr.Zotter: The lake, the pond, in Bella Firenze. It is around the 95-1 think it's 9563. Mr. Bernard: I'll check it out. Mr. Zotter: I actually drove by, and I did notice there was a large section of grass that does grow out of the water area. I don't know, it may be a healthy thing. Mr. Bernard: We are trying to reestablish a perimeter berm per se in the water's edge with wetland plantings so we can stop the erosion on the banks, use it also for filtration to clean the water that is in the ponds. Some of them when we took over, the spike rush is what I call it, has grown out 15 to 7 ' Page 61 1s* Wentworth Estates Community Development District June 11, 2020 20 to 30 feet out into the lake. Our contractor has been directed— we are spraying now to bring them back to about 8 to 10 feet wide maximum, so we have the lake view rather than the wetland planting view. I will check in Bella Firenze. I know we have done some spraying there and I will look at it again to make sure we are keeping it back, but some of these sections in these lakes are wetland littoral shelves. They have been planting there to have a lot of plants and you are not really supposed to be treating them. Mr.Zotter: Give me a call when you go. My concern is getting a homeowner thinking that they can go out with a weed whacker and cut some of these things down. Mr. Bernard: No problem. III. Manager a. Continued Discussion on the Commercial Parcel Acquisition b. Financial Statements April 30,2020(Unaudited) Mr. Ward: I only had one item which is the continued discussion of the commercial parcel acquisition. It can be brief on this one. We did receive a counter proposal from the owner of the commercial parcel. I'm going to recommend to you, that just as a business matter, we table this for six months,a year, whatever is appropriate. The timing I don't think is just right based on the counter that we received and there is too much on the plate with the District in order to get it's operating programs in shape and moving forward, and/would recommend that we just hold on this for a few months. I will leave it up to you. Mr. Andrew Gasworth: I agree with what you are saying Jim, and if that requires a motion, I will make that motion. Mr. Newcomb: I will second that motion. On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Joe Newcomb, and with four in favor and one opposed, the Commercial Parcel Acquisition was tabled. Mr. Zotter was opposed;the remaining four Board Members were in favor. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any audience questions or Supervisor's requests;there were none. SEVENTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at 5:41 p.m. Wage t6II Wentworth Estates Community Development District June 11, 2020 On MOTION made by Mr. Steve Barger, seconded by Mr. Andrew LGasworth,and with all in favor,the meeting was adjourned. Wentworth Estates Community Development District leja/ James . Ward,Secretary a wcomb, Chairman 9IPage 6 1 t air Arititli PART OF THE USA TODAY NETWORK Published Daily Naples,FL 34110 WENTWORTH ESTATES CCD ATTN CORI DISSINGER 2900 NORTHEAST 12TH TERRACE STE 1 OAKLAND PARK, FL 33334 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority. personalty appeared Joe Heynen who on oath says that he serves as legal clerk of the Naples Daily News, a daily newspaper published at Naples. in Collier County, Florida;distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County. Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples. rn said Collier County, Florida.for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person. or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 5/28/2020;6/4/2020 —cam Subscribed and sworn to before on June 4,2020' 1)/i V V I r-v Notary,State of WI.County of Brown IAI? M(.')Nit)I U('H 1VI� Nolaiy l'eel:li<: tell() Of 1Niscon air, My commission expires August 6.2021 Publication I ust• S2.080.'I Ad No(iC104t1712.1 Customer No'062Ir)6 TH LOPMENT CT NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF E FISCAL YEAR EAARRM20211BUDGETS::MID NOTICE OF PUBLIC HEARING TD CONSIDER THE Ny1POSITION OF, t V MAINTENANCE AND OPERATION SPECIAL ASSESSMENTS;ADOPTION OF All ASSESSMENT ROLL;ADOPTION OF A CAP RATE FOR NOTICE PURPOSES FA-Y,AND THE LEVY, COLLECTION,AND ENFORCEMENT OF THE SAME;AND NOTICE OF REGULAR BOARD OF SUPERVISORS''MEETING. Tie Board of Supervisors 1or'he Wmlretlh[stales Commonly Development Etna r,:I hold tee petits mortis and a denier meenna on Thursday,June 11,2020 at 5:00 ani.at the TPC Tour Club,NOD Treviso Bay Boulevard,Naples,Florida 1.1212.Cenni;lralrvrlvccr•:Itne !'reOr;'s inera::l•ulbe at d specific meeting local:ion Oar this ii tiding TherneCoiO4 bsiegeil tot l'a necesLa'y publI Dur;x as or ee.S7ering;celi1sine is ae more lul'y lderit.rrr i'the mLatir;agenda a copy r f'welch will he posted on the;hie el•v..rob„le at am-:WenlarPNrclai c-ac:IT, "}or sltff ohya:aey present Please be advised lha!the Florida Governor's Office has declared a state at emergency due to the Coronarirus(CONS-19).As reported by the Center fro Disease Control and World Health Organization,COVID-19 can spread from presan•te-person(hough small droplets tram tee nose ar mouth,including when an individual coughs or sneezes.These droplets may:and us objects and surfaces.Other people may contract COVI0•19 by touching these dbleets or surfaces.then touching their eyes,nose or mouth.Therefore,merely cleaning Iacd hies,while extremely Inman ant and vital in this crisis,may not be enough to slop the spread at this virus.Those with wakened immuee systems may want to avoid the District's meeting in order to avoid a potential exposure to the virus. With The SL le Of Emergency in Raids and paisirnl In Excoalre Orders 20-02 end 20.99 issued by Goners°OCSa:^bs r:March 9,7020 and March 29.2020 resmn,eel,and posaa.nl to Sector 120 541519b)2.,Ronde Satires,ars meeting'ad be hell utilizing commum:anon media technology due 1C lie ee'rent CDt9O-19 pubic malt,emergency. Tr:Ward'hat end,anyone costing to listen and pancopnlc in Mc meeting ran do so or ccs/a:ne to a link that well be mice On[:e D6Incea whir site www.Wen!harthestatesedd.orq. The pu'pose of the first pubic beanie is to receive puhhc comment and 00nreti.".n,on the Fiscal Year 7C21 Piopusec Ovcpet:;lie lest prole hexing is tieing coirdlcled pursuant to Chap'rm IOU.Frond;Stales,The purpose tithe mot nd posit hear no is to co-n e'the rmooandn of soeual assessments-.0 line the rOrsncrs groomed apartron ant maintenance budget for Fiscal Yea'2021 upon the lanes!Dealt Mir ii PIe Unpin a drpi:5rn of%.inch lanes,;;hewn brine coons deg Mt adupoon al do asce,;mert tap for rionce purposes only. consider the adoption or an asaoanent hell and ID piny rib for the levy carpcbnrr and rn•orcemrm of the assessments.lie sefnnd on a hearing is being conducted pursuant la Florida law including Chapters 1911 and 19y,Honda Statutes At the Carrcitnl'n II the public hear.ng,the Beard MI by need'mum adopt the tudges and lean'assessment!lu fend Die:oration and maintenance huCget,as nnalty approved by I'a'Soars n reciter hoard:Timing 01.72 Cebx;l fan also be h9;.:heie Ore Beard may Ca1131,1/a-y cats'bzsuscas teal may properly come teare 11 A oc7y of tir proposed budgets,prelmmary assesanue of.and the vends far the nea•ng;and meeting may be*tamed a1 the rates of the O•s'rc:Manager.Plena 1954) 63.5490D,tong norms!Easiness toes notes f71 days in advance of Ore meeting In addition,you may obtain a cagy el the proems budged reonednalely cri the D130det 3 web site: vntny.Y1anpnu11hastateocdd org specialThe reseramentd and are in rii annually �s raIcpi srucly 4 sed 2 to t' IueuThadmaenaneasessmentsforFscilYe.2D21andtheprecedCapleAmcot are pr mnaruSublecttc[ nnetthe eapandnanyIuturyeareamoupent in unsare subject tp early payment riscntrl as aOC;led try law Titre tel the sorra:ians and maslenaneu asse:•:mrntn stied Write as col,nc. any debt service assessments previously bared by the 0.sdr et and due la be collected 1t:iiat,I Year 2021 Proposed Schedule of Assessments DESCRIPTION FY 2021 1lperatons and Maintenance Rate: Re slit en b a'Pr..a cr: 5 719 27 Cmrm^rclad pt,,J MO S719 27'Assigned 92 awls' CAP Rate: Resulerbal Per Moll EBBS S9 Commoci al Per Ural 5205 59(Assigned 92 unite, The too collector e.'l celled the as;eC;rnrnis parurt she inform method The UH1r el may choose to Wiest Or::e:,,want;1:r(tee:pet-;,mid land net pursuant to the uniform method. Failure:a pay tho ascrssm nt,will cause a tax toadied;e to be Saved against the own::le h may wire in a less ul f lit All slltleed property owners hail the[VIP appear at the eubl c hearings and The RIM to hie LynE31 oblecllem with the D1wicl::,thn nvrnty f2Oi dove el edification o1 this natnte The public heannge and meeting ale coin 101he eetblic and wit be canocrled in acr taiee oat ha provrams:1 Fhei(a La.;'or Codimnnty Deuenpeert Mtn(Is Ilia public heannps and meeting may he debited to a dale time.and place to he COColird en One record al Pie nearinga 7r nICC"ne eight Any Moan req,ima special ecccmmedab',s of Pis meeting becau,e of a iisab:hto u'p:7_Ica'Impairment Shea 0 tinted the District Office at p115a1 G$O.4970 el least forty. P(481 lours peer to,he meeting.0 you are heating r speech impaled,please Collect the Fonda Relay Serino,he Mating 7-I.I.or 1.600-n55-B771 I MO M 1 000-955-0770 ! can:arling the Genet Manager's Office. Each person who decides to appeal any decision nmade by me hoard with raped:to any isattet ennsderee at the ehblic heannol or meeting is aomen That pi-son will need a record ct acorndins that aces do and rush appeal is to br based. 6y person may need lc ensure tha:a verbal w record nit meproceedrajs Midis rs TO de. the tOmtny and evidence upon which Wentworth Estates Cammimity Development District James P.Ward,0 istrict Manager Publication Dated 05126/2020 and 05104/2 0 2 0 sit e : a -"b n. •Cwn,-- .y� a.m gyp+ •*.4 �rV• s.12-- "•Btu 6 \ t 1 r a 0 0.25 0.5 ono.or \ Conr.er.e•or ', __ ,i CS cyt - 4 s° L a \ O` v 1$‘ P µif` ^9^ 14,12e... Ob •e`ie +S ti 'r Orurr� 'i At tC•, vaP Cr *Maier ` i. ' A t. t 1 .... e,: t'.h WPM 4, gA \/ . T`,,N\9\ 9tn r Crprn.Cu. g 1 aaf.'.'rrlOf� ° Ae* Y P 1 Nei wo . lee {9�•\ Y� 1Ft Mire.s e�•\\,Leh' P.,,", Cr GS Resort Cb ('awn tens. 6 \"y .e 4oi Cal^ 6S C�4.{ $se a4 Ie�6, }hie Y AGYn.1 Wentworth Estates CDD` Coder County,Ftonda •To Pa TM i Iu _ _— _ .. — _1 6Ii • MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday, September 10, 2020 at 8:00 a.m., at the Treviso Bay Clubhouse, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairperson Paul Zotter Vice Chairperson Andrew Gasworth Assistant Secretary Robert Cody Assistant Secretary Steve Barger Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Attorney Bruce Bernard Assets Manager, Calvin Giordano&Associates James Messick District Engineer,Calvin Giordano&Associates Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P.Ward called the meeting to order at approximately 8:10 a.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-69, 20-112, 20-114, 20-150, 20- 179, and 20-193 issued by Governor DeSantis on March 20, 2020, April 29, 2020, May 8, 2020,June 23, 2020, July 29, 2020, and August 7, 2020 respectively, and pursuant to Section 120.54(5)9b)2., Florida, Statutes, this meeting was being held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board, Staff and the public were present via videoconference or telephone;no persons were present in the on-site meeting room location. He asked all speakers to state their names for the record prior to speaking. He conducted roll call; all Members of the Board were present constituting a quorum. Wage 16I1 ' Wentworth Estates Community Development District September 10,2020 SECOND ORDER OF BUSINESS Consideration of Minutes June 11,2020—Regular Meeting Mr. Ward stated the second order of business was consideration of the June 11, 2020 Regular Meeting Minutes. He asked if there were any additions, corrections, or deletions to these Minutes. Mr.Andrew Gasworth: When Mr. Mohammed Rahman spoke at the last meeting there was a lot of back and forth about the assessment on the sales center parcel. Was there any more development on that? Is that finalized? Mr. Ward: It was finalized in the way in which I had indicated on the record. You all updated that in the public hearing portion of the assessment proceeding when we lowered that amount to me more consistent with the way in which the debt assessment was done on that property. We did not make any changes to the operating assessment on the residents'side of that. That was the end of it. I have not had any further conversations with him since that Board Meeting date. Mr. Gas worth: Okay. Because he seemed to leave it a little open ended. Great. That's good news. Thank you. On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Robert Cody,and with all in favor,the June 11, 2020 Regular Meeting Minutes were approved. THIRD ORDER OF BUSINESS Consideration of Memorandum of Agreement Consideration of Memorandum of Agreement between the Wentworth Estates CDD and Florida Gulf Coast University Board of Trustees for the use of certain District lakes to study the effects of the use of ultrasonic technology to treat Algae Mr. Ward: This actually came up in another District that I work on and actually Bruce works on, up in Bonita Springs, next to FGCU. The University comes to that particular District on a regular basis to do certain things. This particular item was to be able to put buoys in what was a very big, very deep recreational lake in that CDD that has tons of boat traffic and other assorted amenities going on. It wasn't necessarily the most appropriate use of that particular water body for this technology. As such when Bruce looked at it, and we had thought in Wentworth, over the past year, I have had a number of questions and comments from residents in the community about how to use better technologies other than chemicals in lakes for spraying algae and other sort of aquatics that we have. The biggest issue was the use of the chemical that's in a marketed product called Roundup. That issue aside, when I looked at this, and when Bruce looked at this, this was a simple opportunity for us to use something that was non-chemical based for a study that really didn't have any potential effects to harm any of the District's portions of the water management system. From my level, its biggest concern is probably the aesthetic look of the buoys sitting in the water body system. Other than that, I don't see any huge disadvantages to doing this for the University. None of the study work would affect how our system is looked at within the community, or outside of the community, or by any regulatory agency. It's just a study to see if this particular technology is a useful tool. With that I'll ask Bruce if he wants to make any further additional comments or questions 2IPage Wentworth Estates Community Development District September 10,2020 on it. It's a new concept. I personally don't care if you do it or don't do it. It's an idea. It's something that might be useful for you, so we thought we'd put it before you. Mr. Bruce Bernard: To elaborate on what Jim said, we are looking to go green in this community. The HOA is looking at chemical use around the community. We should also gain an economic value out of it, having to treat these five lakes the whole year with chemicals. We will get a credit from our aquatic vendor because he won't be doing anything in those lakes. We are looking at probably a$4,000 dollar credit back total. We also will be getting lab reports on the water quality every time they take a sample to test the lake for our lake database. They are 3 x 4 buoys that aren't anchored to the shore. They have weights underneath them that hold them in place. (indecipherable 9:35) Mr. Gasworth: Would these replace any bubblers or fountains? Mr. Bernard: No sir. Mr. Gasworth: Is there an easy out to the contract? Let's say we put these in, and people start complaining. Mr. Bernard: Yes. We have a termination date for the agreement. Mr. Paul Zotter: Is there a timeframe where they want to start this program? Mr. Bernard: This December till next December. Mr.Zotter: I actually did research this company. They already have a proven track record for being a very successful monitoring device. I was reading a study by the — it's Loveland Water and Power Algae Mitigation Assessment back in 2017—the only thing I could find that they had a problem with here is just to service these things. Let's make the assumption that everybody loves these, and we want to go with them. I don't even know what the cost is to purchase one of these things, but the contract for calibrating them is over$11,500 per year. If we are looking at saving$4,000 on chemicals on the seven lakes that you are talking about, we are already looking and spending quite a bit of money just to monitor these things. That's one concern I have. Down the road, when this study is done, if we were to say we really like these, let's purchase one. That might be a few years down the road. My point being that they are already more expensive than the chemicals we are currently using in all of the lakes, or the 7 lakes that we are talking about. The monitors don't address what they call an MN, which I am not even sure what that is, water quality, and they also can promote the possibility of benthic algae, whatever that is. Those said, are probably very minor in the long run on this. Other concern that I have is I couldn't find anything that might address any sound that is emitted from these things, and thirdly, my biggest concern is, I don't have to look at one of these when I'm looking out on my lanai. I don't know if this would concern the number of the people who are on the water. At this point I probably wouldn't even want to start this without approaching members of the community that border or live on these lakes to say this is what you have possibly looking at you. Mr. Gasworth: I appreciated what Paul just said. What if we looked at it for the golf course only so people don't have to look at it? Mr. Steve Barger: Three of them are on the golf course, but they are all going to be visible from the peninsula. One of them is at Firenze Lake and the other is over by Casoria Court. Every one of them will 3IPage 1611 " Wentworth Estates Community Development District September 10,2020 be visible to the residents. It looks to me like they chose the largest lakes. There is probably some value in the study for the largest lakes. Mr. Bernard: The buoys are 8 x 7 x 3 feet. Mr. Barger: There is a picture of it in the proposal. I don't know how obtrusive they will be. I went onto their website and looked at it. I think there is some value in the testing of these things. We are only talking about a year. The community has really gone hard toward green in terms of chemicals on weeds and lakes and stuff like that, and this is a good option. It's not something we have to do anything with if it doesn't work out. But my personal opinion is I think it's probably worth a try. Mr.Joe Newcomb: I agree. I think we have a community responsibility to try this. A lot of people suffer from this algae growth every year and if they are willing to put these into our lakes as an experiment just to the research we've got the lakes, they are offering the equipment, I don't see the down side to it. Now, if they are obtrusively loud that's one thing. I don't know what kind of decibels these things put off, but other than that, I just don't see the downside to it. Mr. Zotter: I guess the only downside is if you walk around to some of your neighbors and show them a picture of it, and do they have a problem with looking at it? I don't. I border the preserves, so it isn't something that would bother me. When I read, and go onto their site, these are already proven. There is no question that they work, and they are probably environmentally great, I would never even argue that. I honestly looked for things that say why these are no good, and I couldn't find anything, other than the things that I pointed out. I think what Andrew said a little while before, my only concern would be if we say yeah let's do it and all of a sudden 90%of the people who are living on the lakes, or all the people at the clubhouse looking at them say what is that? That's my first question—do we have a week or 2 to just be able to put out a quick flyer or announcement to people and get a general opinion? Mr. Ward: I think with the CDD, we have no way to communicate with the residents on the level that you just indicated. I think the bigger issue is exactly what Andy had indicated. There is a rather large push in the community to attempt to be more environmentally sensitive, including one of the big issues we have to deal with, and that is treating lakes with chemicals. I think we just have to take a look at it from that perspective. If we get pushback, we get pushback, but I'm kind of thinking you may not get as much pushback as you think. You may get some accolades from doing a project of this nature in the locations where you live, and the environmentally sensitive preserves and the rookery bay preserve that abut this property. Mr. Bob Cody: I agree. There is so much noise in our community about these issues, even if it does have a negative appearance for a while, I think the community would be glad we are doing something along this order, chemical free, and it's only for a year right now. I think you'd get overwhelming support. Mr. Bernard: Just remember. Three of the buoys are in the peninsula lake, and one is in one of the lakes on the golf course. The peninsula lake really doesn't have a ton of residents there now; they are still building a lot. The other three would be Bella Firenze, Trevi and Ablino,and those are the bigger lakes and I've already told them we are going to pick a spot that's farthest away from the shore bank of the residents. Mr. Barger: Is there any indication of it making an audible noise? 4IPage Wentworth Estates Community Development District September 10,20201 b I 1 Mr. Bernard: I haven't heard anything from them. It's ultrasonic and it's going into the water, so there should not be any noise. Mr. Barger: And as I understand it, we have a 60 day out for any reason. So, it if doesn't work out, if there is a big uproar, then you just pull them. Mr. Gasworth: All of us who are homeowners, we just got something about landscaping. Part of that was "would you be willing to pay$600 more dollars a year to not do Roundup on your property?" So, there is a big contention here fighting against Roundup and such, so I think it would be a good thing for the community. Mr. Barger: Are we using Roundup in the ponds? Mr. Bernard: No, we are not using the chemical Roundup. It is an offshoot of Roundup that has 49%of the same chemicals, but it is not Roundup. We have been trying over time to find another chemical to work in the water and there is really nothing out there that's been developed to do it. I've been working with Bob Adams at the golf course to see what we can find. Mr. Zotter: These things aren't going to do anything as far as the Roundup goes. That's all on our properties. I personally don't let them use the Roundup around my property. I don't let them do anything with that. I have no problem with these devices. They have been out for 2 years. They are all over the world. They are successful. I think the reality here is we are just helping Florida State College participate in this program and in the end we are either going to say yeah we really like this or we don't, but we are probably going to find that the cost to actually purchase these things and maintain them is more than we want. I'm fine with this. I'm in agreement with it. I just want to point out, that we could run into a problem with the people that live on the lakes that find that they don't like it. On the flip side, they may all just applaud us and say great. If we have an availability to be out and pull out of this because there is an uproar, I'm fine with going with this. On MOTION made by Mr. Robert Cody, seconded by Mr. Andrew Gasworth, and with all in favor, the Memorandum of Agreement between the District and the Florida Gulf Coast University Board of Trustees was approved. Mr. Barger: I think there is a typo on the Memorandum of Agreement. If you look on page 2, paragraph C, about halfway down it says "LYR grants FGCU, and their subcontractors, access." Is that supposed to be us? Mr. Ward: Yes. That's supposed to be us. Thank you for catching that. FOURTH ORDER OF BUSINESS Staff Reports I. District Attorney Mr. Greg Urbancic: The only thing to report is we will wait and see whether or not the Governor extends the order. There is some doubt in the legal community whether the Governor will extend again SIPage 16I 1I Wentworth Estates Community Development District September 10,2020 to allow us to meet in this fashion. To the extent that we have to meet in person, we may just have to make certain accommodations in order to do that. There is a movement among the legal community that runs public meetings, or involved in public meetings, to keep this forum available in some fashion to allow the public to participate, but we will see and we will update you as we go. Mr. Ward: When do the new Board Members take their Seats officially by law? Mr. Urbancic: Two weeks after the general election is the date they are officially seated,so November 17, 2020. Mr. Ward: I know those members who are up for election and have been elected, have signed a note from the State. I will send you a new Oath to sign somewhere around that time that is specifically related to your Board Membership on the CDD. I will just get you to sign it,have it notarized, and send it back. Then we will place it in the record, the meeting after your term actually starts. Just be aware that will be coming to you in November. II. Asset Manager Mr. Bernard: As of tomorrow night, I will be a full-time resident of Treviso Bay. The Board welcomed Mr. Bernard. III. District Engineer Mr. Ward introduced Mr.James Messick. He noted Mr. Kiser decided to move into the public sector in Ft. Lauderdale. He welcomed Mr. Messick. Mr. James Messick: I am a professional engineer licensed in the State of Florida, taking over the responsibility of District Engineer from Kirk Kiser. I appreciate the opportunity and if there is anything that you need please let me know and I will do my best. The Board welcomed Mr. Messick. IV. District Manager I. Financial Statements ending May 31,2020(unaudited) II. Financial Statements ending June 30, 2020(unaudited) III. Financial Statements ending July 31, 2020(unaudited) IV. Financial Statements ending August 31, 2020(unaudited) Mr. Ward indicated he had no report unless there were questions regarding the Financial Statements;there were none. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Gasworth asked about the lake bubblers. He asked about pond#37 and the pond bubble pipe which was broken. Wage 16 I 1 Wentworth Estates Community Development District September 10,2020 Mr. Bernard responded there was an aquatic vendor who would be fixing the pond #37 bubbler in the next couple of weeks and this would be completed before the golf course reopened. Mr. Zotter asked about the bridge pavers which were lifting again. He asked if this would be an ongoing problem. Mr. Bernard responded the recent repairs were in a new area. He explained the material underneath the pavers had compacted, and as a result, whenever there was a rain event, loosened. He noted when the repairs were being completed, a new base material was being utilized which should not have the same issue. He indicated at some point in the further it may be necessary to take up the pavers and replace the material underneath the pavers completely. He stated the repairs done last November have held up nicely. Mr. Zotter wondered if the CDD should fix this in pieces as the repairs became necessary or explore the possibility of a permanent full fix. Mr. Bernard: lam going to look at that with the capital. Also, when we start taking these fountains, like we discussed before, lam going to look at the areas where the pumps are in both of those fountains, and put something together for capital for you guys to look at down the road once we take over everything October 1. Mr. Barger asked if some of the compaction damage was the result of heavy trucks going over the bridge. Mr. Bernard responded in the affirmative, but noted it was also just from traffic over the past fifteen years. Mr. Barger: We have sign which directs trucks to not go over the bridge, but that's not very affective. We really have no way currently to stop trucks from going over the bridge. By the time they go through the gate and go straight the gatekeeper has no way to stop them. I don't know if that is something that we need to think about regulating. When we get a light put in at intersection of 41 and Treviso Bay Blvd, that's going to be much more attractive for trucks to exit the community than the construction road. Mr. Bernard: Again, if it's put in correctly, and this has lasted 14 years, I guess it's the last couple of years you have been having trouble with it, but if it's put in correctly, it's a concrete span underneath the bridge, these paves should hold up even under truck traffic. And pretty soon there shouldn't be a lot of real heavy truck traffic on that bridge with almost everything being built out and stuff. Mr. Zotter: At some point we are going to lose the construction road entrance anyway, so we are going to have to deal with this. Is there an alternative to the pavers? Could this bridge be paved or concreted to where it is almost a permanent fix? Mr. Bernard: I guess we could pave it. We would need a structural engineer study to see if the additional weight of the concrete would be an option. But paving is an option because you would just have road rock to compact and paving down. Mr.Zotter: It is not as aesthetically attractive, but it is an alternative. Because at some point, not owning the property out front, we will lose that entrance and trucks will only have one or two ways to go—over 7IPage Wentworth Estates Community Development District September 10, 2020 the bridge or through the back entrance, and we know that the back entrance is an issue; trucks aren't allowed to go through there. Mr.James Messick: I still need to make a visit to Wentworth, but if Bruce needs any help, I can come over and do a visit. We can get a geotechnical involved if that's necessary or we can throw around some ideas for alternatives, because it sounds like this is going to have to be addressed if the patching work doesn't address the issues here in the future. If there is a long-term plan, it is certainly something we can look at. Mr.Ward asked if there were any other questions from the Board;there were none. SEVENTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at 8:48 a.m. 'On MOTION made by Mr.Joe Newcomb,seconded by Mr.Steve Barger, and with ail in favor,the meeting was adjourned. ___, Wentworth Estates Community Development District James .Ward, Secretary %4S,/ewcomb, Chairman 81 ° age .0/ I- ! 6 11 ' I MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday, November 12, 2020 at 8:30 a.m., at the Treviso Bay Clubhouse, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairperson Paul Zotter Vice Chairperson Andrew Gasworth Assistant Secretary Robert Cody Assistant Secretary Steve Barger Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Attorney Bruce Bernard Assets Manager, Calvin Giordano &Associates James Messick District Engineer, Calvin Giordano &Associates Audience: Brian Ferrell All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:30 a.m. He asked all speakers to state their names for the record prior to speaking. He conducted roll call; all Members of the Board were present constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Minutes September 10, 2020—Regular Meeting Mr. Ward stated the second order of business was consideration of the September 10, 2020 Regular Meeting Minutes. He asked if there were any additions, corrections, or deletions to these Minutes. Mr. Ward indicated he received one comment from Mr. Barger regarding page 4 when Mr. Bernard was speaking the sentence that reads "The only three would be Bella Firenze, Chevy (ph), and Abilene" should read "The only three would be Bella Firenze, Treviso, and Avellinno." He indicated this change 1 I 7 , y 16I14 Wentworth Estates Community Development District November 12, 2020 would be made. He asked if there were any additional changes or additions; hearing none, he called for a motion. Mr. Gasworth noted there was a typo on page 3. On MOTION made by Mr. Steve Barger, seconded by Mr. Joe Newcomb, and with all in favor, the September 10, 2020 Regular Meeting Minutes were approved. THIRD ORDER OF BUSINESS Consideration of Agreement Consideration of a Landscape Maintenance Agreement between the Wentworth Estates Community Development District and Mainscape, Inc. to maintain landscaping and irrigation systems within the Districts' boundaries. Mr. Ward: This is to deal with the landscape and irrigation systems primarily in the entranceway. Bruce was the individual who did all the legwork. He asked Mr. Bruce Bernard to speak regarding this Item. Mr. Bruce Bernard indicated he sent out a proposal regarding how the District wanted the area maintained out front and this was the quote which came back in. He stated Mainscape was the same company the HOA was utilizing; Mainscape quoted $102,000 dollars for the HOA but quoted the CDD $92,446 dollars. Mr. Paul Zotter asked why the quote was lowered. Mr. Bernard responded he did not ask why; he was pleased to have a lower bid. Mr. Barger asked if the standards were the same. Mr. Bernard responded in the affirmative; the only change involved mulching. Mr. Zotter: When I went looking at this on the first breakdown on page 1 of 2, I guess it's the back-lot area, 1 was looking at the unit price of lawn mowing at$45.34 per cut. They would be doing 21 cuts. At first, I was wondering if that was a mis-quote. Is that a very small grass area in the back? Is that what that is? Mr. Bernard responded in the affirmative;this was the lawn between the sidewalk and the roadway. Mr.Steve Barger: Are we cutting between the road and the sidewalk? I thought that was the County. Mr. Bernard explained the County did not get out there and cut often. He explained the District had this to ensure the area looked uniform. He noted this was cut every three weeks. Mr. Gasworth asked a question of Steve. Mr. Barger responded. (Question and answer were indecipherable.) Mr. Bernard indicated he was monitoring the situation regularly. Mr.Zotter: Now, it's 52 cuts on the front though. Wage 16 1 1 .4 Wentworth Estates Community Development District November 12, 2020 Mr. Bernard: Yes. Once a week they are cutting all the zoysia grass on the front and then the grass around the lakes by the construction access near the road is every two weeks. Mr.Zotter: What about when there is the excess buildup of water like you see in the front sometimes. Mr. Bernard: That's in the swale area. They can't cut that until they can get to it. Mr. Zotter: So, if a week or two goes by and there is no cut, do we just lose out? Is that a budgeted amount? Mr. Bernard: That's a budgeted amount but we don't really lose out because I'm trying to get them to do other things that aren't in it. I've asked them to pull the ferns out of the palm trees as they go and they agreed to that without giving us an additional charge, so it's only during the heavy rainy season that we have that and I'm not trying to go out and measure square footage on this and get it down to square footage. He explained there was give and take regarding work and the contract. Mr. Zotter: It might be good to document that because there are enough people that are going to be happy to complain about the things that they do and not recognize the additional things they do like you're talking about. Mr. Barger: Bruce, do we know where that property line is by the construction entrance? Does it go all the way to the road? Mr. Bernard: I think it's the center of the road, half and half. Mr. Zotter: That leads me to a question. If the road boundary line is in the middle, is there enough owned land that we can create an external road that would be a construction entrance? Mr. Bernard: Yes, we have plenty of road. The only issue would be up in front up by 41. We have plenty of room now between that edge of road now to the lake. Mr. Barger: they were trying to shut that road down because its not an appropriate decelerate lane, it would be expensive process to open it up. On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Steve Barger, and with all in favor, the Agreement was approved as presented. FOURTH ORDER OF BUSINESS Staff Reports I. District Attorney Mr. Greg Urbancic: I didn't have any specific report unless there were questions. The only thing I would mention is that, in that new contract we just approved, one of the new legal requirements is that our contractors have to use eVerify as of January 1. That's in the new agreement. Unfortunately, that's something we will have to monitor and make sure the record retention is there 3IPage 161 1 Wentworth Estates Community Development District November 12,2020 and they're using that system. Just one more layer of something we have to do. Other than that, I didn't have any report, unless there were questions. Mr. Newcomb: What does that mean exactly? Mr. Urbancic: It just means that they have to use the verification system to make sure that their employees are legal employees and that they have record retention requirements based upon doing the verification process so we have the ability to go back and request that verification information from them should we ever need it, or some governmental agency comes to us and asks whether our contractors had that. II. Asset Manager Mr. Bernard: The last couple of months we have been doing some work up front. The entrances have been pressure cleaned, all the brick pavers up there. We have had them sanded. Within the next two weeks we are going to have all the pavement markings recapped and the RPMs put back out there. Basically, we will be done with the roadway section at the front. We just got on board a preventive maintenance company to do the fountain checks, to come out quarterly to check the motors and pumps and give us a report on the RPMs and amps and everything and try to stay ahead of any issues we might have with the pumps. We are going to look sometime next year to get some quotes from some fountain designers to redo our piping up front in the pits. They are in pretty bad shape as they are now. I'd like to get that away from the pits and get all our pumps and motors and things above ground out there. He indicated he would be getting quotes on new insulation for the fountains out front to help with maintenance and energy costs. He discussed other possible improvements which would help save fountain costs, such as timed motors. He noted these expenditures would pay for themselves after several years of fountain cost savings. Mr. Zotter: The Christmas decorations, whose budget is the decorations? Mr. Bernard: Not ours. Mr. Zotter: But it is on our area. So, the installation of those, do we know that those contractors are properly insured? They are up on ladders. Mr. Bernard: Yes. Mr.Zotter: Third question, any electrical draw on any of the decorations? Mr. Bernard: Yes. Mr. Zotter: Does that affect anything to do with the front issue that we're having with amperage? Mr. Bernard: No. This is basically the same lady we had before, but like you said we are right at the brink of maximum usage up there for what we have. Nothing has changed yet. We are just having faults with like the fountain. There is a glitch or something that kicks the fountain off because we just don't have enough reserve power. 4IPage 1613. E Wentworth Estates Community Development District November 12, 2020 Mr. Zotter: So, we haven't noticed any kind of additional breakage of that during the period of time that the decorations are drawing power. Mr. Bernard: No. We are just trying to get enough power so when we put something else out there in the future, and right now we are at the edge, so if something does happen, a glitch, something kicks it off, it doesn't have enough to stay through. Mr.Zotter: Okay. Thank you. Mr. Bernard: We will be starting our lake bank restoration in January. Our two lakes adjacent to Treviso Bay Boulevard at Bella Firenze. There are about 5,100 linear feet on those two lakes. We bid that out last year. This will start in January and will try to be done by the end of April before the rainy season. Mr. Newcomb: What's with all the dead tall grass around the lakes? Mr. Bernard: Over the summer that torpedo grass gets tall and it's hard to stay on top of. Now, this time of the year, we are out there spraying back that torpedo grass, and once a month for the next couple of months you will see a crew of people coming in and actually going around where there is a lot of torpedo grass and taking that grass out, so it doesn't grow back in. We are trying to get our regular wetland plants to grow and the torpedo grass is choking them out. We are spraying to get that torpedo grass to die and we actually have done the two lakes out front. The lake at Bella Firenze, we went to the back of that lake and took a lot out of there because it was choking out the lake plants. For me, if you're on a lake you want to see a lake;you don't want to see torpedo grass. Mr. Zotter: Are we doing something around the preserves too? I noticed in my community, along the fence— Mr. Bernard: There is some in your preserve, all around that corner, there are some plants growing that are coming up the fence line and will eventually push over the fence, so we are just trying to keep them down,so we don't have that issue. Mr.Zotter: So, do we just leave them there? Or is to be removed when they are killed? Mr. Bernard: No, they are just left, and they will die out. III. District Engineer No report. IV. District Manager I. Financial Statements ending September 30, 2020(unaudited) II. Financial Statements ending October 31, 2020(unaudited) Mr. Ward indicated he had no report unless there were questions regarding the Financial Statements;there were none. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Wage 1bI Wentworth Estates Community Development District November 12,2020 Mr.Ward asked if there were any Supervisor's requests or questions from the Board;there were none. Mr.Ward asked if there were any questions or comments from the audience. Mr. Brian Ferrell: I live on the east side of Firenze and back up on the pond. It's been a few weeks now, Cross Creek Environmental was out with machetes hacking away at the grass. They did about 4 or 5 feet in, but that leaves 6 or 10 feet more of the grass. So,right now I just have a circular line of low-cut grass and then the grass goes to 4 or 5 feet tall again. My question is what was the intent of that effort and will it remain that way or will they cut all the grass? What will happen? Mr. Bernard: The grasses will be sprayed, that you have left there, and that will die off and then they will come back and remove those also. Mr. Ferrell: Okay. Is there a time frame on that? Mr. Bernard: They will probably be starting that spraying this week or next week. They let it sit for about a month,so it gets nice and brittle, and then they come back in to take it out. Mr. Ferrell: Okay. Thank you. Mr.Ward asked if there were any additional questions. Mr. Zotter: I have one additional question. This goes back to the minutes. I would like to raise a question for the Board and Manager to think about. On page 4, in response to comments that I had made Mr. Ward says, "I think with the CDD, we have no way to communicate with the residents on the level that you just indicated." I strongly feel like at some point, and/don't know quite how, and I know this is difficult, being that we are more governmental as oppose to a part of the master board, but I think it would be nice if there was some way we could communicate on a more general or specific way of what we do to the entire community here. It's just something to think about. That's all I'm suggesting here at this point because I don't want to have an image of five members who kind of just do whatever we feel is best, even though I do truly believe we are doing that, and we are responding in what's the best interest of our community. I truly, truly believe that,but I would like to see a way for us to somehow get that out for everybody to see that. SIXH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at 8:55 a.m. On MOTION made by Mr. Steve Barger, seconded by Mr. Andrew Gasworth,and with all in favor,the meeting was adjourned. ATTEST: Wentworth Estates Community Development District Ili•=- -�/ James P.Ward,Secretary •-4 /comb, Chairman 6 ! Page b I 1 4 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday, March 11, 2021 at 8:30 a.m., at the Treviso Bay Clubhouse, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairperson Robert Cody Vice Chairperson Andrew Gasworth Assistant Secretary Steve Barger Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Attorney Bruce Bernard Assets Manager, Calvin Giordano &Associates Racquel McIntosh Grau &Associates Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:30 a.m. He conducted roll call; all Members of the Board were present constituting a quorum. SECOND ORDER OF BUSINESS Acceptance of Letter of Resignation The Acceptance of a Letter of Resignation from Mr. Paul Zotter,whose term is set to expire November 2024, from Seat 3 of the Board of Supervisors of the Wentworth Estates Community Development District effective February 28, 2021 and the appointment of a qualified elector to fill the unexpired term of office for Seat 3 I. Acceptance of Resignation II. Appointment of Individual for fill Seat 3,whose term will expire November 2024 III. Oath of Office 1 I 161 Wentworth Estates Community Development District March 11, 2021 IV. Guide to the Sunshine Law and Code of Ethics for Public Employees V. Form 1—Statement of Financial Interests Mr. Ward explained this Item had two parts, first was the acceptance of the letter of resignation from Mr. Paul Zotter effective the date of the resignation (February 28, 2021). He called for a motion. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth,and with all in favor,the Letter of Resignation was accepted for purposes of inclusion in the record. Mr. Ward explained the second part of this Item was to fill Mr. Zotter's seat by motion and second. He explained there was no requirement under the statute to advertise or have an election; the Board had the right to simply choose a replacement. Mr. Ward: If you cannot come to a consensus on who you would like to fill this seat, it's fine, the Item just carries over from month to month until you decide to replace that individual. The position requirements are they must be a citizen of the United States, a resident of the State of Florida, registered to vote in Collier County, and must not be a convicted felon who has not had their civil rights restored. Discussion ensued regarding the possible selection of Mr.Tim Allen and the possible selection of Ms. Joanne Lekas who was not a member of the golf club but very qualified. It was decided to appoint Ms.Joanne Lekas to fill Seat 3. On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Joe Newcomb,and with all in favor, Ms.Joanne Lekas was appointed to fill Seat 3 with a term expiring November 2024. Mr. Ward indicated he would reach out to Ms. Lekas who could be sworn in outside of today's meeting, or during the next Board Meeting. THIRD ORDER OF BUSINESS Consideration of Resolution 2021-1 Consideration of Resolution 2021-1, a Resolution Re-Designating the Officers of the Wentworth Estates Community Development District Mr. Ward: Paul was your Vice Chairman. I would suggest you go ahead and reorganize the Board at this time, or at least move someone into the Vice Chairman position. You will want to add Ms. Lekas as an Assistant Secretary. Discussion ensued regarding who should fill the Vice Chairperson position. It was decided Mr. Robert Cody would fill the Vice Chairperson position. Mr. Ward indicated the positions would be filled as follows:Joe Newcomb would serve as Chairperson, Wage � 611'' Wentworth Estates Community Development District March 11, 2021 Robert Cody as Vice Chairperson, Andrew Gasworth and Steve Barger as Assistant Secretaries, and himself(James Ward) as Secretary and Treasurer with Resolution 2021-1. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Steve Barger, and with all in favor, Resolution 2021-1 was adopted, and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Consideration of Audited Financial Statements Consideration of Audited Financial Statements for Fiscal Year 2020,which ended September 30,2020 Mr. Ward indicated Ms. Racquel McIntosh was present via video and would present the Financial Statements. He noted these were the final audit statements. Ms. Racquel McIntosh with Grau & Associates reviewed the Audited Financial Statements for the Fiscal Year ended September 30, 2020. She stated page 1 reflected the Independent Auditor's Opinion. She indicated Grau &Associates had an unmodified/clean opinion of the Financial Statements, which meant Grau believed the Financial Statements were presented fairly in all respects. She stated page 9 was the Balance Sheet which showed the ending fund balance for the District. She reported the general fund ended with just under $1.6 million dollars in assets, and $17,380 dollars in liabilities, reflecting an end fund balance overall of $1.573 million dollars. She reported Debt Service contributed $1.4 million dollars, and the General Fund contributed $141,000 dollars. She noted the General Fund was unassigned and available for spending at the Board's discretion while the debt service fund was restricted for use for the debt issued. She stated on page 11 of the report was the Statement of Revenues, Expenditures, and Changes in Fund Balances: total revenues were $2,753,781 dollars, debt service fund earned just under $2 million dollars and the general fund just under $800,000 dollars; overall expenditures were $2.7 million dollars, debt service expenditures just under $2 million dollars, and the general fund had expenditures of$748,000 dollars reflecting a net change in the Fund Balance of$41,655 dollars. She indicated the debt service fund had expenditures exceeding revenues of$9,376 dollars and the general fund had revenues exceeding expenditures of$51,000 dollars. She indicated the notes to the financial statements did not change significantly for the year. She noted on page 20, note 7, the long-term liabilities, the District had $24,190,000 dollars outstanding for the Series 2018 bonds which were expected to be paid off in Fiscal Year 2037. She reported on page 22 was the Budget to Actual Report for the General Fund. She stated the Board approved a Budget of $817,000 dollars for revenues; revenues came in at approximately $799,000 dollars. She reported on expenditures, the District approved $817,432 in expenditures and the actual budget came in under at $748,363 dollars; therefore, the District was under appropriations by $69,000 dollars, so legally the District was in compliance with the Statute regarding the Budget. She stated on page 24 was Grau's report on the District's Internal Control over Financial Reporting and Compliance which reflected Grau did not detect any material weaknesses or significant deficiencies in the Internal Controls, nor did Grau have any compliance related findings or other findings related to Internal Controls. She reported Grau also had an unmodified opinion regarding the District's Compliance with Florida Statute 218.415 which meant Grau believed the District complied in all material respects with the requirements of Florida Statue 218.415. She stated page 28 of the report indicated there were no current or prior year findings for the Fiscal Year ended September 30, 2020. She asked if there were any questions;there were none. 3IPage 1611 Wentworth Estates Community Development District March 11, 2021 Mr. Ward: I do want to disclose, if you look on page 21 of your audit, (indecipherable 16:01). Mr. Bob Cody:on Real Estate taxes when people don't pay their taxes(indecipherable). Mr. Ward: That may very well be true. In Florida what happens is that some do not pay their taxes till July, when the tax bills went out in November 2020. Last year in July, the county tax collector does a certificate (indecipherable). Most everything is paid for. Mr. Steve Barger: I had difficulty hearing that exchange. I think it was about the assessments that weren't collected in 2020. Mr. Bob Cody: It was just a question in general. Mr. Barger: Do we expect to collect 100%ultimately once it goes through that process in July? Mr. Ward: (indecipherable 19:20). You will receive a minimal (indecipherable). You might receive over that because some pay later than December 30. Basically, the collection rate is 97%(indecipherable). Mr. Barger: That's due to the discount people are entitled to by paying early? Mr. Ward: Right, It's due to the discounts and the fees. Mr. Barger: Do we have any outstanding assessments from this fiscal year,2020? Mr. Ward: As I was saying I think we do because based on when the certificates are sold which would have been July of last year, I don't think we did receive any more than half the July tax assessments. He asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Robert Cody, and with all in favor,the Audited Financial Statements for Fiscal Year 2020,which ended September 30,2020 were accepted. FIFTH ORDER OF BUSINESS Consideration of Resolution 2021-2 Consideration of Resolution 2021-2 Approving the Proposed Fiscal Year 2022 Budget and setting the Public Hearing on Thursday, May 13, 2021 at 8:30 A.M. at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 Mr. Ward: The Budget for Fiscal Year 2022 from your debt service fund perspective is the same as what you have seen in prior years. The general fund is the big item that we take into consideration. Your assessment rate for Fiscal Year 2021 is$719.27 dollars. Your cap rate is what we have established that if we go over that rate, we have to do mailed notice for residents. That cap rate is$805.59. The proposed assessment rate for Fiscal Year 2022 is $726.11. Your Budget for the current fiscal year is$1.96 million dollars. It is $1.106 million for Fiscal Year 2022. The majority of the changes that are included in this Budget really are only field operation activities related to your road and street services, landscaping, 4IPage 16I1 Wentworth Estates Community Development District March 11, 2021 things of that nature. Bruce, I will let you for a minute kind of go through what the changes are that we have in the Budget from an operating perspective. Mr. Bruce Bernard: There are a few items we have increased or decreased in the Budget. The lake bank restoration on the capital side went down. The other capital for roadway and street services, we added $34,000 dollars for lighting upgrades up front for the lights in the landscape areas. We also want to put some lighting along the landscaping along 441. The only thing that has lights on it is the fountain area. The landscaping down the walls is dark. We are looking to do a little bit of improvement and change some of the old light fixtures. On the capital end we put $26,000 dollars in there in the landscaping services for the fountain pit design. The redesign the mechanical fix behind each one of those fountains. They are really in poor shape. They are falling apart. I would like to get them above ground rather than try to work under ground out there. We have enough walls and landscaping to hide anything you want to put up above ground. By getting a new design for the pumps and stuff it will be easier on maintenance. As it is now it is dangerous to pull up a pump with very tight spaces and really there have been no improvements on there since that was put in and hopefully with new electrical components it will save us on electricity use out there. Next year we will just get that designed and then the following year we will get that out for bid and the following year in the budget. We have a bridge inspection report in there. That's every two years /think we have to get the bridge reinspected. Everything else is basically what we spend for our regular services on a yearly basis. Mr. Gasworth: You are saying reinspect the bridge in 2022, so this is for next year. And design on the fountain would be 2022 and the work would be 2023? Is there a chance there might be an emergency? Mr. Bernard: I don't think there will be an emergency, but as stuff gets older, everything down there is wearing out, so hopefully it will last two more years until we can get the job done. Mr. Newcomb: In your little blue box you have 2021 collection rate (indecipherable). Is that what Bob was asking before? Mr. Ward: No, he was asking how much we have collected, and the box is basically telling you as of December 31, we were at 94% of total collection, so we are doing very good at December 31. I want to mention one other thing from a global perspective. 2021 is the year we basically finished the transition from the HOA to the CDD for all of the assets. The only asset that remains in the HOA's hands is the irrigation pump station which the District owns which supplies all of the irrigation water to the community. That has been left with the HOA for their overall operations and maintenance. It is our asset though for purposes of construction and reconstruction, and things of that nature. The one thing that we have not done is actually amend the agreement we have with the homeowner's association which we will probably do the latter part of this calendar year. I understand they have a new Board coming online. My other point was that now that we have done that transition, we should significantly look at all of our assets, all other values, what kind of reserve monies we will need for these assets and what kind of money will we need, if any at all, with respect to storm events that may blow through the community and how we fund those. I think we have about$140,000 dollars in our general reserve on a million-dollar budget, so it is not a particularly large amount of money. In years prior I have said one of the big expenditures we have in the first quarter of every fiscal year is the insurance on the bridge which is $60,000 dollars, so we blow basically that entire cash balance out. I am going to be spending some money this year with Bruce's company to do the asset valuation and on your next Agenda I am going to include a proposal to have a full reserve study done on all of your assets by a reputable firm. Not that we need to deal with it in the context of the 2022 budget, but we will have that set up so we can deal with Wage Wentworth Estates Community Development District March 11, 2021 16 1 1 that in the 2023 budget. I think that will be the last major piece of the transition of assets from the HOA to the CDD in terms of what we all need to know on a going forward basis. Mr. Barger: Does the pump station also supply irrigation pressure and water for the golf course? Mr. Bernard: I think so. I haven't dwelled in what that pump station does since it is not one of our assets. Like Jim said, that's handled by the HOA. Mr. Ward: I want to be clear. It is the District's asset. We own it. We are responsible for any capital work with respect to it. The maintenance is handled by our vendor which in this instance happens to be the homeowner's association. Mr Barger: Ok, Thank you Mr. Ward: Your Budget hearing is set for May 13, 2021 at 8:30 a.m., at the Treviso Bay Clubhouse. This is also your next meeting. He asked if there were any additional questions; hearing none, he called for a motion. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth, and with all in favor, Resolution 2021-2 was adopted, and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS Consideration of Minutes November 12,2020—Regular Meeting Mr. Ward stated the second order of business was consideration of the November 12, 2020 Regular Meeting Minutes. He asked if there were any additions, corrections, or deletions to these Minutes. Mr. Barger: I have one correction. On line 47 that should read Avellino. Mr. Ward indicated this change would be made. He asked if there were any additional changes or additions; hearing none, he called for a motion. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth, and with all in favor, the November 12, 2020 Regular Meeting Minutes were approved. SEVENTH ORDER OF BUSINESS Staff Reports I. District Attorney Mr. Greg Urbancic: The only thing I would mention is the Legislative Session is still in its infancy. I will update you as it goes. There are a few things which could affect us, one being the change in the 6IPage 1b l 1. Wentworth Estates Community Development District March 11, 2021 sovereign unity cap, to raise it. That could affect our insurance going forward and we would have more potential exposure in a tort negligence situation. Not that they occur, but sometimes they occur. There are some other bills. Nothing great in terms of allowing us to do remote except when there is a state of emergency. There is a provision that someone introduced to allow us to meet remotely for like 6 months when there is a state of emergency. So, nothing great that will change our rules or how we would do day to day. There are a couple of other bills out there, one that would require ethics training for special districts that has been floating about for a while, and another about doing advertising through our website and other electronic means which would save us money on an annual basis. We will continue to monitor it and I will let you know. II. Asset Manager a) Operations Report November 2020 b) Operations Report December 2020 c) Operations Report January 2021 d) Operations Report February 2021 e) Operations Report March 2021 Mr. Bernard: Last month West Coast Electric finished our new electrical service hookup at the front that gives us the amperage we needed at the bridge and for the fountain. Now we need extra amperage there if we need anything hooked up there, and the fountain will not be kicking off now due to the breaker. The lake bank restoration contractor is starting lake 21. He is starting to work on lake 20. That big lake will have a little over 3,000 feet of lake bank restoration in Bella Firenze. Hell'go back to lake 19 and then will be finished with all of the lakes in Bella Firenze. Right now, is the drainage cleaning and the buildup of leaves and stuff in the lines in the fountains up front. Today he will finish that work and we are changing a PVC valve and our pressure pump in the west pit. We had fluctuating pressure which was drawing air and wasn't operating properly. Once we change that pressure pump, that little, small fountain will work the same as the one on the east side. The other thing still ongoing is the buoys at CGU. Their first report should be in by the end of this month to let us know what's happening with that study. Mr. New Comb: What data are you expecting from the buoys? Mr. Bernard: They are taking samples from adjacent lakes plus the ones in where the buoys are to do comparisons to see how it is controlling the algae. Just looking at where the buoys are, the ones that are more up front, there is a little algae in some of the lakes back here, like lake 42 and 33. The ones up front like 15 and 12 by Avellino and Trevi, there are three in there, there is no algae in those lakes. Hopefully when that report comes out, we will be able to see what the standards are up there compared to back here and see what adjustments need to be made. Mr. Barger: I wonder if they are just getting more fertilizer chemicals in the ones that are around the golf course relative to the ones that are out in the residential area of the community. Mr. Bernard: The nutrients will show us that in those reports. That's usually what happens when we have a large algae outbreak. And this is the time of the year that the fertilizer goes down in this community. We will have to see how that effects the nutrients in each body of water. 7IPage 161 1 Wentworth Estates Community Development District March 11, 2021 Mr. Newcomb: I happen to know there is one lake up front that doesn't have one of the buoys and there is a big floating mass in it; up front, one of the last lakes before you reach the front gate. I do notice on these lakes around the edges there is still algae, so I guess we will find out if these buoys are doing any good. Mr. Cody: Are they locked in place or do they float? Mr. Bernard: They are anchored. They've got a concrete block and chain that holds them in place. Discussion ensued regarding the aesthetics of the buoys. Mr. Bernard: People still ask me if they are going to stay and look like that. I tell them no; this is a one-year study. They are going to come out. Hopefully if something like this works, then we will look down in the future to getting something of a different design which would look more aesthetically pleasing in these lakes if it works. These are definitely coming out. III. District Engineer No report. IV. District Manager a) Financial Statements for period ending November 30,2020(unaudited) b) Financial Statements for period ending December 31,2020(unaudited) c) Financial Statements for Period ending January 31,2021(unaudited) d) Financial Statements for period ending February 28,2021(unaudited) Mr. Ward indicated he had no report unless there were questions regarding the Financial Statements;there were none. EIGHTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests or questions from the Board. Mr. Gasworth: What's going on with the front lot? Mr. Ward: Nothing that I am aware of. I know it is still for sale. We had some minor exchanges with respect to some documents, but nothing more than that at this point in time. Mr. Ward asked if there were any questions or comments from the audience;there were none. Mr. Barger: Hey Jim, on the financial statements, I had a couple of questions. I'm looking at February 1 because it has everything year to date in the fiscal year. So, we have collected 97% of our assessments which I think is about what we fully expect to collect,just 97%? Mr. Ward: Right, because you received a lot of your assessment revenue by the end of November. Wage Wentworth Estates Community Development District March 11,2021 Mr. Barger: Under storm water management services. I'm down in expenses now on page 4. NPDES reporting. We budgeted$2,000 and we have spent$12,000. Can you clarify that a little bit? Mr. Ward: Yes, we have some coding errors that I had corrected subsequent to the preparation of these financials. You will see that corrected. It belongs in another line item. Mr. Barger: Okay. It looks like in each section you have a contingencies line item and under storm water management services we have a contingent of$15,000 and we spent pretty early$10,500. Do we know what that's for? Mr. Ward: I don't remember, I will have to look it up and I can send you an email with what it is, but off the top of my head I don't recall. Mr. Barger: I'm assuming this contingency is for unbudgeted surprises? Mr. Ward: Yes. "Unbudgeted surprises"is a very good word. Mr. Barger: I also noticed for the meter that we installed for the fountains up front, that was unbudgeted? It appears we spent$12,180. I'm on page 6. Mr. Ward: It was budgeted in the prior year and we didn't spend the monies. The bill just came in Fiscal Year 2021, but I believe Bruce started that work sometime in August of lost year, but it fell into this year by the time it got done. He asked if there were any questions;there were none. NINTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at 9:15 a.m. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Robert Cody,and with all in favor,the meeting was adjourned. Wentworth Estates Community Development District ej James P.Ward, Secretary wcomb, Chairman 9I ? age % 61 InpLe&i Bküt PART OF THE USA TODAY NET WORK Published Daily Naples, FL 34110 WENTWORTH ESTATES CC D 2900 NORTHEAST 12 TH TERRACE S NOTICE MEETIGS OAKLAND PARK, FL 33334 WENTWORTH ESTATES COOMMUNITY DEVELOPMENT DISTRICT The Fiscal Year 2021 Regular Meetings of the Board of Supervi- sors of the Wentworth Estates Community Development District Affidavit of Publication will be held on dates noted herein at 8:00 A.M.,at the TPC Tour STATE OF WISCONSIN Club,9800 Treviso Ray Boulevard,Naples,Florida 34113. COUNTY OF BROWN October 8,2020 November 12,2020 December 10,202D January 14.2021 Before the undersigned they serve as the authority, February 11,2021 Maych3,12�021 April 8,2021 Ma personally appeared said legal clerk who on oath says that Augusts 1 10,2,2021 September 9,2021 he/she serves as Legal Clerk of the Naples Daily News, a dailynewspaper The meetings are open to the public and will be conducted in published at Naples, in Collier County, accordance with the provisions of Florida Law for Community Florida; distributed in Collier and Lee counties of Florida; Development Districts. A copy of the agenda for the meeting that the attached copy of the advertising was published in JnPWa be &bAs Associates, LLC,tained from e2900CeNE{ the 12th Terrace,Manager,Suit 1 Oakland Park, Florida 33334 at least seven (7)in advance of the said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper meeting, by phoning (954)658-4900. In addition, the agenda's published at will be available on the District's web site at www.wentworthes Naples, in said Collier County, Florida, and that the said tatescdd.org. newspaper has heretofore been continuously published in Any meeting may be cancelled or continued to a date,time and said • location specified on the record at the meeting. Collier County, Florida; distributed in Collier and Lee In accordance with the provisions of the Americans with Disabil- counties of Florida; each day and has been entered as hies Act,any person requiring special accommodations or an in- second Gass mail matter at the post office in Naples, in Distertrict Manar to ger atparticipate954)658-4900 ateleasst should dcontact ys p or to the date of the meetings. Ifyou are hearing or speech impaired, said Collier County, Florida, for a period of one year nextlease Service preceding the first publication of the attached copy of assistancerin o tactingct therida the DistRelarict Office.at 1-800 955-8770, for advertisement; and affiant further says that he has neither discount, If any person decides to appeal any decision made with respect paid nor promised any person, or corporation any to any matter considered at these board meetings, such person rebate, commission or refund for the purpose of securing will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is this advertisement for publication in the said newspaper. made at their own expense and which record includes the testi- mony and evidence on which the appeal is based. Published:09/06/2020 Wentworth Estates Community Development District .e3 James P.Ward,District Manager Pub Date:September 9,2020 #4347776 Subscribed and sworn to before on September 6,2020: - rf ri a r' Y v l ev r CA Tx. t Notary,State of WI,County of Brown !ARA MONDLOCFI rimtncy Public State of Wisconsin My commission expires August 6,2021 Publication Cost: $322.00 Ad No:0004347776 Customer No: 1308466 PO 14: annual meetings notice {f of Affidavits 1 This is not an invoice + b I " Timestamp City 5/7/2020 7:52:04 (CDT) Oakland Park Final Pub Date State 6/4/2020 0:00:00 (CDT) FL Ad Number ZIP Code GCI0407124 33334 Publication Your Name Daily News Michael Staley Market Email Address Naples mstaley@gannett.com Delivery Method Both Number of Affidavits Needed 1 Customer Email coridissinger@jpwardassociates.com Customer Name Wentworth Estates Ccd Customer Address 2900 Northeast 12 Th Terrace Suite 1 Oakland Park, FL 33334 Account Number(If Known) 062196 Name Cori Dissinger Street 2900 Northeast 12 Th Terrace Suite 1 161 ,1 .M MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday, May 13, 2021, at 8:30 a.m., at the Treviso Bay Clubhouse, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairperson Robert Cody Vice Chairperson Steve Barger Assistant Secretary Joanne Lekas Assistant Secretary Absent: Andrew Gasworth Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Attorney Bruce Bernard Assets Manager,Calvin Giordano &Associates James Messick Audience: Tony Pires Shadi of Naples, Inc. Mohammed Rahman Shadi of Naples, Inc. All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:30 a.m. He conducted roll call; all Members of the Board were present, with the exception of Andrew Gasworth, constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Minutes March 11,2021—Regular Meeting 1 I P 16I1 Wentworth Estates Community Development District May 13, 2021 Mr. Ward stated the second order of business was consideration of the Minutes. He asked if there were any additions, corrections,or deletions to these Minutes; hearing none, he called for a motion. On MOTION made by Mr. Robert Cody, seconded by Mr. Joe Newcomb, and with all in favor, the March 11, 2021, Regular Meeting Minutes were approved. THIRD ORDER OF BUSINESS PUBLIC HEARING Mr. Ward explained the public hearing process including public comment, Board discussion and vote. a. PUBLIC HEARING—FISCAL YEAR 2022 BUDGET I. Public Comment and Testimony Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Robert Cody, and with all in favor,the Public Hearing was opened. Mr. Ward asked if there were any public comments or questions with respect to the Fiscal Year 2022 Budget. He noted public comments should be limited to 3 to 5 minutes if possible. Mr. Tony Pires representing Shadi of Naples, Inc., indicated he sent Mr. Ward an email with his objections to the assessment rate for Fiscal Year 2021-2022. He stated he also sent the Board Members a copy of his October 29, 2020, letter regarding the previous years' assessments and his objections thereto. He noted with regard to the Operation and Maintenance assessments, last year the Board approved a reduction; however, this reduction was not included on the roll. He noted Mr. Ward indicated he would correct this oversight with the tax collector. He discussed the FY 2021-2022 assessment and listed his objections. (Portions of his statements were indecipherable. Mr. Ward asked Mr. Pires to move closer to the microphone.) Mr. Pires: In 2006 was when the project was first indicated and is outlined in the materials. There was a statement by the engineer for the District at the time, that the commercial property received no benefit from the storm water management system. The specific reference to that is outlined in my materials, and also contained in pages 7 and sheet 6a of April 28, 2006, Supplemental Engineer's Report, and said the "community infrastructure which will be constructed will represent a system of improvements that will provide benefits to all developable land within the District with the exception of the planned commercial parcel." It goes on to say, "Any benefits that the commercial parcel will receive from the District's infrastructure will be general in nature, and as such no assessments will be allocated to this property." In 2012 there was another Engineer's Report by Morrison Engineering, adopted by the Board in August of 2012. In that Report it said the 2006 project was substantially completed. In other 2 ' Page t61i' Wentworth Estates Community Development District May 13, 2021 words, the fact that there was storm water management system, and all the other capital infrastructure was substantially completed. Attached to the Engineer's Report from 2012, was a map. This map is exactly the same map as the 2006 Engineer's Report. The first 2006 Engineer's Report said, again, no benefit to the property from the infrastructure, so that has not changed in our opinion. In addition, we have this temporary sales facility. I provided the site development plan for this in the materials. That shows the discharge to the canal off site, no discharge to any aspect of the storm water management system of Wentworth Estates. This is from the South Florida Water Management District Permit Application. (He presented a copy of this to the Board and to Mr. Ward for the record.) He displayed and discussed copies of the stormwater plan for the property showing the drainage system with no connection to Wentworth Estates'system. Also interesting, in 2018, a revised assessment report and methodology contained a number of references, and it said the resolving plan had changed, that the cost had to be reallocated based on the new usage for each property within the District (that's page 4 of Mr. Ward's Special Assessment Report dated 12/14/2017). Interestingly enough, there is no reference to the commercial property in that report. I will provide a copy of this later. It just said the allocation of the costs associated with the construction of the surface water management system are based on utilization of this system by each property owner within the District. It says the storm water management system was designed to provide all treatment and flood protection for the entire District, but then it goes on to say in section 6.1.2.3.2, "flood protection for all properties, including the golf course." It does mention commercial in 6.1.2.4, "the above functions of the storm water management system relieves other property owners, including the golf course, from having to provide these functions in a separate system that would otherwise have to be constructed to provide these services," and that all the areas associated with the golf course, and all residential property, flows into the District's storm water management system where treatment and flood protection is provided. I think that's a critical component. Page 9 of Mr. Ward's December 2017 report adopted by the Board by Resolution 2018-3, in 2018 is 6.1.2.6, "all the areas associated with the golf course, including clubhouse and maintenance facility, and all residential property, flows into the District storm water management system where treatment and flood protection is provided." No reference to the commercial property. What other aspect about the commercial property, which was noted in my correspondences, is that it has been carried as 10 acres. It is 9.07 acres, but everything has been calculated based upon 10 acres, so that correction needs to be made on both a going forward and a retroactive basis. The 10 acres came about because the plat says there is 10 acres of commercial, but this tract is not the entire 10 acres of commercial, it is 9.07 acres as reflected in the appraisal the Board had to perform in April of 2020 where Julian Stokes a well-respected appraiser performed the appraisal and said it was 9.07 acres in size, so we believe that also needs to be corrected. One other aspect is that the notice for today's hearing, published 15 days prior to the public hearing,said all objections needed to be filed within 20 days of the date of the notice, so our argument is, and it's in our correspondence, is that this hearing cannot adopt a budget or assessment roll today;you have to wait until at least 20 days. Mr. Greg Urbancic: Are you saying you did not have notice and that you didn't have enough time to file objections? You personally didn't? 3IPage Wentworth Estates Community Development District May 13, 2021 Mr. Pires: That is correct. And others didn't either. It says you have to file objections within 20 days. We filed objections within 20 days, but it gives everyone the opportunity to have until May 18, 2021, to file objections. We would contend that's a notice law. The Board continue the hearing until May 18th to consider the assessment roll and Budget at that time. Then, in my opinion, it would meet the notice requirements. It in the notice; it's gratuitous, but it's there, provided to the public as a whole. One other question is, I wasn't able to ascertain, and I'm sorry if I didn't read the documents properly, how the number of ERUs was assigned to this property. It varied at times. One Engineer's Report had 79, one had 110. I think it is 91 at the present time. We would like to have the information as to how it was revised. I didn't see the basis for that in assessment Methodology that's in today's agenda packet. So, what we are asking for is for 2021-2022 fiscal year, that the operation and maintenance assessment be reduced to reflect the benefit accruing to the property solely from those discreet elements of the infrastructure that they benefit the property, such as the road up to the gatehouse, exclude the gatehouse, exclude access control, exclude all costs associated with the water management system and exclude all costs for landscaping other than what might be along 41 because the property is on U.S. 41. Additionally, we still object to the debt service assessment based upon the same argument. That's a $40,000 dollar number. I believe it was a$23,000 dollar number for the operations and maintenance assessment. We reiterate our request for refunds for prior years, and don't waive that at all. Mr. Rahman will address a concept plan showing all the water will be kept on site from this project and did not discharge anything into the storm water management system. Mr. Mohammed Rahman, President of Shadi of Naples: I just want to share with you in 2018 I had an Engineering Firm do the conceptual plan, and it shows the intention (indecipherable). Mr. Pires: On the black and white portion of that plan it shows the sales center facility, which is again, the materials I provided from the South Florida Water Management District showing the discharge not into the water management system. We are not waiving any objection to the notice. Mr. Urbancic: We could debate that. Mr. Pires: We do appreciate the actions taken last year when it was reduced, but it wasn't reduced, and that happened, and Jim is taking care of that. But again, I think on an going forward basis the(indecipherable 16:24). Mr. Ward asked if there were any members of the public on audio or video who had any questions or comments from the Board; hearing none, he called for a motion to close the public hearing. On MOTION made by Mr. Joe Newcomb, seconded by Ms. Joanne Lekas,and with all in favor,the Public Hearing was closed. II. Board Comment 4IPage 161 } Wentworth Estates Community Development District May 13, 2021 Mr. Ward asked if there were any Board comments or questions specifically related to the Budget itself. He explained Mr. Pires' comments were related to the imposition of the Assessment,which is actually the next public hearing. There were no questions or comments. III. Consideration of Resolution 2021-3 adopting the annual appropriation and Budget for Fiscal Year 2022 Mr. Ward called for a motion for Resolution 2021-3. On MOTION made by Mr. Robert Cody, seconded by Mr. Joe Newcomb, and with all in favor, Resolution 2021-3 was adopted, and the Chair was authorized to sign. b. FISCAL YEAR 2022 IMPOSING SPECIAL ASSESSMENTS;ADOPTING AN ASSESSMENT ROLL AND APPROVING THE GENERAL FUND SPECIAL ASSESSMENT METHODOLOGY Mr. Ward indicated this public hearing was related to the imposition of the special assessments for the general fund, certification of an assessment roll, and approval of the special assessment methodology for the District. I. Public Comment and Testimony Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Robert Cody,and with all in favor,the Public Hearing was opened. Mr. Ward asked if there were any public comments or questions. Mr. Pires: For the record, I would like to have the Board incorporate into this section all the comments, objections and materials noted in the Budget Hearing. (Please see the Budget public hearing above for Mr. Pires'statements pertaining to this public hearing.) Mr. Ward: We will incorporate all of that into the record. Mr. Pires: Additionally, I would like to make part of the record the letter that was sent on May 12, 2021, to all the Board Members, Mr. Ward and Mr. Urbancic. A couple of other additional comments with regard to the proposed assessments. We, Shadi of Naples, contend that there are no special benefits to the property from the facilities, services, and improvements of the District, including, but not limited to, the storm water management system, access control, and gates, and irrigation system. We also dispute we don't know what the basis is for the assigned number of ERU's reflected in the assessment methodology report in today's agenda,for this property. It also appears to have been based upon 10 acres versus 9.07 acres and we reiterate that objection. We also object to the debt service assessment based upon the same arguments we made earlier. I would like to have the District articulate its position as to what the special and peculiar benefits that flow to the property are. Again, I believe we've shown that this, Wage Wentworth Estates Community Development District May 13, 2021 from the 2006 Engineer's Report, 2012 Engineer's Report, Mr. Shadi's diagram which is in the record, that this project is not connected to or part of the overall integral water management system for Wentworth Estates Community Development District. What I would like to also make sure the record we have previously attached and included the excerpts from the 2006, my prior letter, which also references the excerpts form 2006 and 2012 where the Engineers specifically stated, "None of the CDD improvements are necessary for the development of the commercial tract." Going on to talk about the infrastructure "which will be constructed will represent the system of improvements that will provide the benefits to all developable land within the District with the exception of the planned commercial parcel," as described further in section 5.1 of this report, and again that's the 2006 report. In the Special Assessment Methodology, it also addressed this same issue. Again, by August of 2012 the improvements referenced in 2006 that provide no benefit to this property were substantially completed. While the 2012 Engineer's Report says there is a benefit to this property, it doesn't articulate how a benefit occurred. In 2012 this project was completed, there is no indication that the project was changed as to the storm water management system with regard to this property. Again, based upon that and everything else I provided earlier, we request that the assessments not be imposed upon this property as to that part attributable to the storm water management system, or any features past the gate, and also that the operation and maintenance assessments not include any component associated with the storm water management system, or any landscaping or features beyond the gate on Treviso Bay Boulevard. We reserve all rights and objects to further contest this as appropriate. Thank you very much. Mr. Rahman's testimony is reiterated as part of this. Mr. Ward: It will be so incorporated. Before we get to responding to Mr. Pires' comments I will just ask are there any other members of the public present by audio or video today that have any public comment with respect to the assessment for Fiscal Year 2022 for the District. There were none. Mr. Pires reiterated his objection regarding the public notice. Mr. Urbancic: Just for the Board, Mr. Ward and I took a look at that, and essentially what we have is last year,for this current fiscal year, Jim's office had done notices that we were required to do to raise our cap rate and increase the assessments. At that time, mailed notices and also published notices were done in accordance with Chapter 197 of Florida Statutes. This year, we weren't increasing the assessments beyond the cap rate that we established, so that takes us out of one of the notice provisions;however, I think Jim's office took a more comprehensive notice than we actually had to do and published it in the newspaper. So, I think there is more there than we legally had to do, and so what we had to do was publish two notices, one 15 days prior to the hearing, which was done, and then a second notice a week later, which was done. So, we technically have met the notice requirements in terms of if we are looking at technical requirements, because we are not increasing assessments beyond the cap rate which we did adopt pursuant to Chapter 197. So, that's why some of the confusion had arose. I wanted to see whether Mr. Pires thought he didn't have notice, and whether or not they didn't have time to present their case. Clearly, we have given them an opportunity today. I just wanted to at least respond to that portion of it. The only other comment I would make, I wasn't the attorney at the time, but in 2012 this District did adopt a revised 6IPage 161 3. Wentworth Estates Community Development District May 13, 2021 Engineer's Report prepared by Morris Engineering which relooked at the infrastructure that was constructed and approved and did reallocate the assessments based upon benefit. That's what we are living under today, and the assessment methodology in terms of capital improvements was done. I know there was discussion of 2006, but there was actually a process in 2012 to redo that and so that's kind of what we are living under today in terms of capital improvements. I know Jim may have some additional comments on where we are today in terms of our maintenance assessment, but I at least wanted to put that out there. Mr. Ward: Shadi of Naples is talking about two different special assessments that we have. One is the debt assessment for our bonds and the second is our operating assessment. Subject of today's hearing is related only to your general fund operating assessment. This is not related to your debt assessments. As Greg pointed out to you, those assessments were done originally in 2006, as Mr. Pires also pointed out. Those were revised in 2012, subsequent to a complete land use plan change and that was revised and relooked at by a new Engineer at the time who made different determinations as to the benefit that accrues to the Shadi property as it relates to our capital assessments and that's what we are living under right now. As far as your operating assessment is concerned, when we started into the program for operations, the original idea was to just look at the Shadi property in terms of what the assessment should be, what a reasonable if it was some kind of residential property. Mr. Rahman, last year, as you may recall, I had discussions with him prior to the public hearing with respect to that assessment. He objected to the 91 units. I relooked at that before that public hearing last year in terms of how it was done for the debt assessments. And that property bears about 2% or 2.1% of the overall assessment for the program, so we revised that for the 2021 assessments down from the 91 units to 2%, so it reduced the assessment from $46,000 dollars down to $22,000 dollars on average. In this year's assessment, that is done exactly the same way, so the assessment for this property is essentially equal to how the calculation was done for the debt assessments, roughly 2.1% of the overall assessment program. I frankly thought that was a fair way to allocate the assessments for this District. The key issue here that Tony raised is that he doesn't benefit from the storm water management system, either for debt or for operations, but only for landscaping and road. Clearly the engineer at the time in 2012 who did that original engineering report said otherwise. Basically, this said that they do benefit structurally from all of the improvements that were done, which were primarily the preserves for the property, the storm water management system, the entrance road, landscaping, SW Boulevard improvements, those kinds of things, all provided benefit to this property. The report that you have in your Agenda, and even the report that Tony references of 2012 that I did for the revision to that report, generally we don't always mention commercial property or other parts in a report. You look at a District's assessments from an overall perspective, who is in the District and how does everybody benefit from that. How that shakes out is usually in the Engineer's Report which Morris presented to the Board at the time for the debt assessments and I basically now mirror that process in your operating assessments. So, clearly, we do think that the 2% of the overall cost of the system is a fair allocation for the commercial property for your operating assessments for 2021 as that was recommended to you and as Mr. Rahman knew at that time that we did. And obviously that is recommended to you for 2022. I 7IPage tbi Wentworth Estates Community Development District May 13, 2021 think I got all of Tony's questions, or most of them at this point. Any questions from the Board? Mr. Pires: You mentioned an allocation of 2%of the overall. What's the basis of the 2%? What's the utilization factor? Mr. Ward: Those are all based out of the Engineer's Report that Morris Engineering did in 2012. If you look at that, you will see that the overall allocation was roughly 2% of whatever the infrastructure costs were at that time. Mr. Pires: What was the difference in the construction of the storm water management system between 2006 when Johnson Engineering did the report for the original project and 2012 when Morris said the project is complete? Mr. Ward: That would not be a question I could answer for you. You would have to read both of those Reports and make that determination. Mr. Pires: I did and there is no articulation as to why the determination was made in 2012. As I mentioned this is a 2006 drainage exhibit, this is the 2012 drainage exhibit, and it is exactly the same. There is no reference in the 2012 Report to any connection of this property to the storm water management system. There is no indication to any factual basis for that determination made. That's why my letters have said it appears arbitrary and inclusive without any basis. The District I think has an obligation to explain what was the functional in the ground difference between the project as approved in 2006 and that which was substantially completed in 2012 that this property now benefits from the storm water management system. Mr. Ward: Again, you would have to go back and read those reports. I don't have them in front of me and I did not review them for today's hearing, so I would not be able to answer that question for you. Mr. Pires: Secondly, where would this property discharge into the storm water management system? Mr. Ward: Tony, I would not know the answer to that question. Mr. Pires: Lastly, South Florida Water Management District permits for Wentworth Estates, (indecipherable). Mr. Ward: I would not know the answer to that question. Mr. Pires: I think it would be important to know that, otherwise, in our opinion it is inclusory, arbitrary, and(indecipherable). That Engineer's Report was also reiterated in 2018. It wasn't just 2012, so the four-year clock starts(indecipherable 34:34). Mr. Urbancic: Tony, was your client not on notice of the assessments when they bought the property. BIPage 16 t 1 Wentworth Estates Community Development District May 13, 2021 Mr. Pires: That's irrelevant as to whether or not they are valid. And again, the four-year clock began again in 2018, as that's when a further revised assessment report and methodology was done based upon the refinancing of the 2006 bonds, that occurred in January 2018. Mr. Ward: I am not sure I would agree with you on the clock starting in 2018, because it was a refinancing of a bond issue. It was not a reallocation. It was a refinancing of a bond issue with the same allocation from 2012. Mr. Ward called for a motion to close the Public Hearing. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Robert Cody,and with all in favor,the Public Hearing was closed. II. Board Comment Mr. Ward asked if there were any questions or comments from the Board;there were none. III. Consideration of Resolution 2021-4 imposing special assessments, adopting an assessment roll,and approving the general fund special assessment methodology Mr. Ward called for a motion for Resolution 2021-4. On MOTION made by Mr. Joe Newcomb, seconded by Ms. Joanne Lekas, and with all in favor, Resolution 2021-4 was adopted, and the Chair was authorized to sign. Mr. Pires asked about the reference to the property as being 10 acres in the Resolution. He indicated the property was only 9.07 acres. Mr. Ward explained the assessment was based on the percentage of the overall infrastructure as it relates to the bond issuance; it was 2%, not based on 10 acres. He explained every methodology done in the State used an average acreage; special assessments were not calculated according to exact lot size, but instead on an average lot size, as was done in every special assessment. Mr. Pires: I respectfully disagree because the record reflects it has been based upon 10 acres. That the 2%was based upon 10 acres. Mr. Ward thanked Mr. Pires for his comments. FOURTH ORDER OF BUSINESS Consideration of Resolution 2021-5 Consideration of Resolution 2021-5 designating dates, time, and location for regular meeting of the Board of Supervisor's for Fiscal Year 2022 9IPage 16tt Wentworth Estates Community Development District May 13, 2021 Mr. Ward stated the Wentworth Estates CDD Meetings were set for the second Thursday of every month at 8:30 a.m. at the Treviso Bay Clubhouse, 9800 Treviso Bay Boulevard, Naples, Florida 34113. He explained every meeting was advertised at once to save funds, but only necessary meetings were held. He asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Robert Cody,seconded by Ms.Joanne Lekas, and with all in favor, Resolution 2021-5 was adopted as amended, and the Chair was authorized to sign. Ms. Lekas asked when the next meeting was to be held. Mr. Ward stated he did not believe another meeting would be necessary until the fall. FIFTH ORDER OF BUSINESS Consideration of Reserve Study Proposal Consideration of a First Time Reserve Study Proposal from Dreux Isaac&Associates Mr. Ward: We had discussed during your initial budget hearing a reserve study for this District to gauge the value of our assets on a going forward basis, especially as we have a large bridge, a lot of landscaping, the storm water program, etc. I secured a proposal from Dreux Isaac and Associates. I am only familiar with them in that I have seen their work on some homeowner's associations that have been done. I know they are doing a few districts. They are doing another district that I represent, and Bruce is associated with and actually Greg is associated with. Their fee is$18,000 dollars for the study and then they update them on a yearly basis for$3,600 dollars. I would like to authorize this today, simply to be able to get on the schedule in the fall of this year. It will be done in Fiscal Year 2022, but we will authorize it today because they are an extremely busy firm, the work is extraordinary when you see it, but they are two or three months out before you can get on their schedules. This gives us all your assets and all of their current values, and what it would take to actually reserve for them, if you wanted to reserve for them, on an ongoing basis. We will have a good idea of the values of our assets, not only for insurance purposes, but so you know in the event that we have some kind of a storm event, etc., what kind of values we are looking at in case we need to do any renewal or replacement of those. Mr.Steve Barger: We currently are not reserving any monies for these assets? Mr. Ward: Correct. Mr. Barger: Is that part of the intent behind this, to start to create a reserve? Is that something that is required by law or allowed by law? Mr. Ward: Not required. It is permitted. I think the first step is to see what the values are. Personally, I think it is a better use that we have these values to know what kind of values, what we are looking at in terms of if we have to do any renewal and replacements in the event of storms. What I have seen in Districts over the last 5 years or so is, the number of storms we are having in Florida are adversely impacting the capital infrastructure that Districts have, whether it is landscaping or lights or bridges, etc. Based upon what we see in these reports we may want to reserve something. I'm not going to sit here and tell you you're going to reserve everything that you are going to get out of this report, because this 101Page 6114 Wentworth Estates Community Development District May 13, 2021 will be a big report, but it's something to look at in terms of if we want to move forward and do some kind of reserve for storm events is what/was thinking. Mr. Barger: For instance, things like fountain infrastructure replacement, we could, or maybe should be reserving for that. Mr. Ward: Yeah, the smaller items, that's probably something we should take a look at doing, especially since you have fountains out here. The bridge, probably not so much, but you've got streetlights here. We do have a water management system which will stay primarily in place, but you've got lake bank restorations to do. You might have pipes that get broken on a periodic basis, so there are smaller items that we should look at in the context of this report on a going forward basis, especially now that we have now taken over all of the assets from the HOA for operations and maintenance that the District does own. It's an appropriate time for us to begin looking at this. He asked if there were any additional questions; hearing none, he called for a motion. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Robert Cody, and with all in favor,the First Time Reserve Study Proposal from Dreux Isaac&Associates was approved. SIXTH ORDER OF BUSINESS Consideration of Agreement Consideration of Agreement with Calvin, Giordano, and Associates for Additional Services within the District Mr. Ward asked Mr. Bruce Bernard to review this Item. Mr. Bruce Bernard: This is a proposal from Calvin, Giordano to do a study of what we have there right now, our existing lighting, and to do our plan for upgrading the lighting. As we talked about before, we are looking to do some improvements along 41. As you know right now, we have no light along either side of the entrance, so coming to the property there is nothing lit up out there showing where we start, where we stop, or anything. The lighting we have out there right now is old and the originally lighting. Some of it's broken and not working. So, what we want to do is do a study of what we have and what we need so we can do a plan. This is just the plan. The bidding out of the work would be in next year's fiscal budget. To upgrade that lighting and get it all reset so it looks like it—I would say a third of it right now is broken and not working, and all of those fixtures our there right now are the original fixtures. Mr. Barger: Do you have an idea of what we are talking about in terms of expenditure to do this program? Just ballpark? I know the reason for the study is to get an idea. Mr. Bernard: I'm ballparking between $35,000 and$45,000 dollars once we get the plan, to bid it out. We have a lot of the existing electrical there. The only new electrical we will have to run is out front on 41, to extend down in the front of the property, but the rest of it will be the new fixtures, where the lighting is now, to get new lighting fixtures out there where wires are run to. The electrical engineer will also make sure we have enough power and where to get the power from, out of the existing power we have there. 11IPage 16t1 Wentworth Estates Community Development District May 13, 2021 Mr. Bob Cody: Someone should get the HOA to be aware of this. Mr. Bernard: I don't know if they need to be aware of it or not. Most of the improvement will be out on 41. Everything else, the lines are existing where they were before. Once we get a plan and stuff, if we need to, we can send it to the HOA if you would like to, but it is not going to be changing basically what we have there. We have the wires already run to certain locations. The only new locations will be out on 41 highlighting our landscaping on both sides of the entrance. Mr. Barger: Would this be a low voltage system? Mr. Bernard: Pretty much. There is not going to be any high voltage out there. It is the same as what we have out there, and those lights we have out there now are low voltage. The $35,000 dollars is above the $15,000 dollars. The $15,000 dollars is just to get the plan. And that's pretty much the last thing we have to do out on the entrance. In the last two years we done every other improvement out there. Mr. Barger: How long would it take to do the plan? Mr. Bernard: We will probably have this in two months. Mr. Barger: Is there money budgeted in the 2022 budget we just adopted to do the lighting? Mr. Bernard: Yes. Mr. Barger: Do you remember what the number is? Mr. Bernard: $35,000 dollars, I think. Mr. Barger: Jim, do we have the money in this year's budget to develop the plan? Mr. Ward: In this year's budget we will have the money to develop the plan. I was going to hold off actually starting this probably for a month or two before we actually get started, so it would be closer to year end when I have a better feeling for our actual expenditures, but at the moment I'm saying we would have sufficient funds to do this. Mr. Barger: So, what I'm hearing is, even if we approve this today, we might not do it this year if funds are not available. Mr. Ward: Right now, I'm just trying to hold off until July to get the CGA started on this. At the moment, based upon our projections, we will have sufficient funds to do it. On MOTION made by Mr. Robert Cody,seconded by Ms.Joanne Lekas, and with all in favor, the Agreement with Calvin, Giordano, and Associates for Additional Services within the District was approved. 12IPage Wentworth Estates Community Development District May 13, 2021 SEVENTH ORDER OF BUSINESS Staff Reports I. District Attorney No report. II. Asset Manager a) Operations Report April 2021 b) Operations Report May 2021 Mr. Bernard: Our lake maintenance restoration will be completing this month. I have done about 5,600 linear foot of bank restoration. We got a report from Ivan Vincent on our Howard preserve parcel, but South Florida Water Management District permit back in 2004. We are monitoring a panther preserve in Hendry County as part of our South Florida Water Management District permit for all of the work done here, and it's passed. Everything is good. I'm going to have Ivan Vincent get with SFWM now and see if we can get a final—they say after so many years you are allowed to get away from doing it. It has been 15 years. It costs us$4,000 dollars a year to monitor. We don't do anything up there, we just send them out to check it and make sure they give you a list of all the animals that are there and everything that's nice. So, I am going to get him to get with South Florida Water Management and do a final inspection of it and see if we can get relieved of having to keep monitoring this preserve next year. We do not own this preserve;we just monitor it. Discussion ensued regarding the District not owning the panther preserve, other District's preserves, Hendry County preserves and mitigation. Mr. Barger: So, this is something we are required to do as part of the mitigation for the development of the entire Wentworth District. So, that benefits every parcel in the District, is that correct? Mr. Ward: Correct. Ms. Lekas: Are you talking about the lakes, trying to clean up the lakes, is that what we are talking about here? Mr. Bernard: This is a parcel of land that's in Hendry County. South Florida Water Management District said you are taking away all this area for panthers here, you need to mitigate and keep this area up in Hendry County for the panthers to be able to use. It's a swap of area. Even though you don't own it, you get the right to pay for the mitigation of this area. Ms. Lekas: Okay. Could there be periodic communication to the community of how the lake restoration is going? Maybe periodic updates on the things in the water as they are supposed to be cleaning up the water? I know there was some communication to the Treviso Bay Community a while back, but maybe some periodic communication and a reasonable schedule updating? Mr. Bernard: We get a quarterly report from this. This is the first quarterly report, and it ended the end of March. Basically, this report shows graphs of everything that's there. The report is sent to me. 13IPage 16I1 Wentworth Estates Community Development District May 13, 2021 Ms. Lekas: I'm thinking more in layman's terms. Nothing fancy. Mr. Ward: So, the first quarterly report basically said, hey, we installed them with pictures of people putting these things out there, so there is really nothing to report at this time. It will probably be a few more months before we start to see data, and then I agree with you. We probably can get something to your HOA to publish somewhere. Ms. Lekas: Part 2 is, I guess some people have seen from the lake grass, spraying of roundup. Mr. Bernard: We do not spray roundup. Ms. Lekas: So, that was false information or if someone was spraying roundup it wasn't the CDD. Mr. Bernard: We spray a different chemical. There are only a few chemicals you are able to spray around lake banks that are soluble in the water. Roundup is not one of them. Mr. Ward indicated the CDD was not permitted to use roundup near a body of water; no one was permitted to use roundup near a body of water. Mr. Barger: The southeast entrance fountain. Is that working completely? Is that full functional? Mr. Bernard: They were working on it again yesterday. At this time of the year the leaves are shedding so bad that it clogs up the main drain. You will see it actually works a bit and stops. It's like pulsating. They cleaned it up yesterday. They will be out again today to finish, but it is working a lot better today than it was at the beginning of the week. The pumps and everything are functional, it's just the buildup of leaves going into the fountain. I saw them yesterday take out three 5-gallon buckets just out of the main drain. Mr. Barger: Have you had a chance to look at those 4-inch PVC pipes that come out of the ground? Mr. Bernard: I just got a proposal yesterday to do some planning enhancements up on the far east end behind the wall, in front of the wall, almost to the end of our property, and in that proposal is the removal of those flag holders we have out front in the ground. I will be approving that this week and hopefully they will be out there in a few weeks to take them out. III. District Engineer No report. IV. District Manager a) Report on Number of Registered Voters as of April 15,2021 b) Financial Statements for period ending March 31,2021(unaudited) Mr. Ward indicated Statute required the Supervisor of Elections to report the number of registered voters in the District. He reported as of April 15, 2021, there were 898 registered voters within the District. He noted this number had no significance for the District any longer as the CDD had already transitioned from landowner-controlled boards to qualified elector-based boards. He noted the 14IPage Wentworth Estates Community Development District May 13, 2021 Board would receive an update regarding the number of registered voters in the District annually as a matter of record. He asked if there were any questions;there were none. EIGHTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests or questions from the Board; there were none. He asked if there were any audience members present by audio or video with comments or questions; there were none. NINTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at 9:30 a.m. On MOTION made by Mr. Joe Newcomb, seconded by Ms. Joanne Lekas,and with all in favor,the meeting was adjourned. Wentworth Estates Community Development District James P. Ward Joseph Newcomb James P. Ward, Secretary Joe Newcomb,Chairman Signature: L7ore/t New(omrb Signature: /'u)a 1.,v�ninb ,0211 1EDT Email: sales@medicount.com Email: jimward@jpwardassociates.com 151Page WE - Minutes - 161 1 05 13 2021To be Signed Final Audit Report 2021-06-11 Created: 2021-06-11 By: Cori Dissinger(coridissinger@jpwardassociates.com) Status: Signed Transaction ID: CBJCHBCAABAAXKPWOB_JdxOozz2WoWakcjhzPJe1tJKl "WE - Minutes 05 13 2021 - To be Signed" History Document created by Cori Dissinger(coridissinger@jpwardassociates.com) 2021-06-11 -4:26:04 PM GMT-IP address:35.153.123.180 Document emailed to Joseph Newcomb (sales@medicount.com)for signature 2021-06-11 -4:28:47 PM GMT x Email viewed by Joseph Newcomb (sales@medicount.com) 2021-06-11 -5:42:24 PM GMT-IP address:73.28.123.152 Document e-signed by Joseph Newcomb (sales@medicount.com) Signature Date:2021-06-11 -5:43:35 PM GMT-Time Source:server-IP address:73.28.123.152 - Document emailed to Jim Ward (jimward@jpwardassociates.com)for signature 2021-06-11 -5:43:37 PM GMT "-t Email viewed by Jim Ward (jimward@jpwardassociates.com) 2021-06-11 -6:10:05 PM GMT-IP address:3.82.77.77 Document e-signed by Jim Ward (jimward@jpwardassociates.com) Signature Date:2021-06-11 -6:10:38 PM GMT-Time Source:server-IP address:3.82.77.77 Agreement completed. 2021-06-11 -6:10:38 PM GMT g Adobe Sign WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT 16 % NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2022 BUDGETS; AND NOTICE OF PUBLIC HEARING TO CONSIDER THE IMPOSITION OF MAINTENANCE AND OPERATION SPECIAL ASSESSMENTS;ADOPTION OF AN ASSESSMENT ROLL;ADOPTION OF A CAP RATE FOR NOTICE PURPOSES ONLY,AND THE LEVY,COLLECTION,AND ENFORCEMENT OF THE SAME;AND NOTICE OF REGULAR BOARD OF SUPERVISORS'MEETING. The Board of Supervisors for the Wentworth Estates Community Development District will hold two public hearings and a regular meeting on Thursday,May 13,2021 at 8:30 a.m.at the Treviso Bay Clubhouse,9800 Treviso Bay Boulevard,Naples,Florida 34212. The meeting is being held for the necessary public purpose of considering such business as more fully identified in the meeting agenda,a copy of which will be posted on the District's website at wyv��. Wentworthestatescdd oro Please be advised that the Florida Governor's Office has declared a state of emergency due to the Coronavirus (COVID-19). The venue for this meeting has been specifically chosen such that the District will be able to meet social distancing guidelines for Board members and Staff during the meeting. With the limitation for people in the meeting room the District encourages members of the Public to join by video or audio using a link that will be posted on the District's web site w 'w..w?ntwo_:ii.-; . .:ddory_ Masks will be required for all in attendance. For the safety of all in attendance,social distancing measures will be in place limiting capacity at the meeting location to allow for the Centers for Disease Control guideline of a distance of six feet between people. Attendance at the meeting will be on a first come,first served basis and all others will need to participate using the remote participation option,which will be posted on the District's web site information page:)tt pia Wens•giCS toslatesedd.,,rAitwlrwtiun.php at least seven(7)days in advance of the meeting. The purpose of the first public hearing is to receive public comment and objections on the Fiscal Year 2022 Proposed Budgets.The first public hearing is being conducted pursuant to Chapter 190,Florida Statutes.The purpose of the second public hearing is to consider the imposition of special assessments to fund the District's proposed operation and maintenance budget for Fiscal Year 2022 upon the lands located within the District,a depiction of which lands is shown below,consider the adoption of an assessment cap for notice purposes only,consider the adoption of an assessment roll, and to provide for the levy,collection,and enforcement of the assessments.The second public hearing is being conducted pursuant to Florida law including Chapters 190 and 197,Florida Statutes. At the conclusion of the public hearings,the Board will,by resolution,adopt the budgets and levy assessments to fund the operation and maintenance budget as finally approved by the Board. A regular board meeting of the District will also be held where the Board may consider any other business that may properly come before it A copy of the proposed budgets,preliminary assessment roll,and the agenda for the hearings and meeting may be obtained at the offices of the District Manager,Phone(954)658-4900,during normal business hours seven(7)days in advance of the meeting In addition,you may obtain a copy of the proposed budget immediately on the District's web site:y/ww_Wentworthestete$cdd,grg. The special assessments are annually recurring assessments and are in addition to previously levied debt assessments The table below presents the proposed schedule of operation and maintenance assessments for Fiscal Year 2022 and the proposed cap rate. Amounts are preliminary and subject to change at the hearing and in any future year. The amounts are subject to early payment discount as afforded by law.Note that the operations and maintenance assessments stated below do not include any debt service assessments previously levied by the District and due to be collected for Fiscal Year 2022. PLopose_tl Schedule of As9Q,4Sm411is_ QItSC$IPTJON. _ FX2D22 Operations and Maintenance Rate: Residential(Per unit) $726.11 Commercial(Total) $$23,244.11 The tax collector will collect the assessments pursuant to the uniform method,The District may choose to collect the assessments for developer owned land not pursuant to the uniform method. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. All affected property owners have the right to appear at the public hearings and the right to file written objections with the District within twenty(20)days of publication of this notice. The public hearings and meeting are open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. The public hearings and meeting may be continued to e date,time,and place to be specified on the record at the hearings or meeting. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at(954)658-4900 at least forty-eight(48)hours prior to the meeting If you are hearing or speech impaired,please contact the Florida Relay Service by dialing 7-1-1,or 1-800-955-8771(TTY)/1-800-955-8770 (Voice),for aid in contacting the District Manager's Office Each • person who decides to appeal any decision made by the Board with respect to any matter considered at the "s i( . '� r public hearings or meeting is advised that person will need a record of proceedings and that accordingly,the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is -\""- ✓! ,'. to be based 1 '1 \; Wentworth Estates Community Development ✓�; District J James P.Ward,District Manager ry • Publication Dated: 04/28/2021 and 05/05/2021 I f i i 4,..mu,kee,cau/. 16 t Jai1'i ?irtui PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 WENTWORTH ESTATES CCD 2900 NORTHEAST 12T"TERRACE STE 1 OAKLAND PARK,FL 33334 ATTN CORI DISSINGER Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority. personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County. Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 4/28/2021;5/5/2021 Subscribed and sworn to before on May 5th,2021 ?�lt a_ .Yvl rn{.Q.1 rx -• - Notary,State of WI,County of Brown TARA MONDLOCH Nki Notary Public State of Wisconsin My commission expires: August 6,2021 PUBLICATION COST:S2,018 00 AD NO:GCI0625725 CUSTOMER NO:530448 PO#:PUBLIC NOTICE 1611 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday,June 10, 2021, at 8:30 a.m., at the Treviso Bay Clubhouse,9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Robert Cody Vice Chairperson Steve Barger Assistant Secretary Joanne Lekas Assistant Secretary Andrew Gasworth Assistant Secretary Absent: Joe Newcomb Chairperson Also present were: James P. Ward District Manager Greg Urbancic District Attorney Brett Sealy MBS Capital Investments Bruce Bernard Assets Manager,Calvin Giordano&Associates James Messick District Engineer Audience: Sarah Zare MBS Capital Investments All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:35 a.m. He conducted roll call; all Members of the Board were present, with the exception of Joe Newcomb, constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Minutes May 13,2021—Regular Meeting Wage 16 1 1 Wentworth Estates Community Development District June 10, 2021 Mr. Ward stated the second order of business was consideration of the Minutes. He asked if there were any additions, corrections,or deletions to these Minutes. Mr. Gasworth noted on page 11 he seconded a motion; however, he was not present for the meeting. Mr.Ward indicated he would make the correction. He called for a motion. On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Steve Barger, and with all in favor, the May 13, 2021, Regular Meeting Minutes were approved subject to Mr. Ward being able to change the motion box. THIRD ORDER OF BUSINESS Consideration of Resolution 2021-6 Consideration of Resolution 2021-6, a Resolution of the Board of Supervisors of Wentworth Estates Community Development District amending Resolution 2021-4 adopted May 13, 2021, to Replace Exhibit "B" (General Fund Special Assessment Methodology and Assessment Roll due) to correct a clerical error, confirming its Certification of an Assessment Roll and approval of the General Fund Special Assessment Methodology Mr. Ward: Resolution 2021-6 amends the Resolution that we did at the last meeting that levied the assessments on the property for Treviso Bay for last year. Essentially, I included the incorrect assessment roll and methodology in your package for last month. It was a preliminary methodology and roll that was done, but it was just the wrong one that was included. The purpose of this resolution today is simply to amend Resolution 2021-4 and replace it with Exhibit B which is attached to this Resolution. The change obviously deals with the commercial property in the one referenced at the public hearing last month. It indicated we were assessing the commercial property 91 essentially equivalent residential units when we had already previously agreed in the current year that we are in that the commercial property represented 2.10050% of the assessment as they were reassessed based upon the 2012 assessments that we did for the existing debt level. The assessment on the commercial property will now be consistent with the way that we have levied assessments on that property for their existing debt service assessment. That is the only change to this Resolution that we have for you. Greg, did you have anything to add? Mr. Greg Urbancic: We just wanted to make sure we clarified it for the record. That's the purpose of the Resolution. Mr. Ward asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Robert Cody, seconded by Mr. Andrew Gasworth, and with all in favor, Resolution 2021-6 was adopted, and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Consideration of Agreement 2IPage tet } Wentworth Estates Community Development District June 10, 2021 Consideration of an Agreement with MBS Capital Markets for the re-financing of the District's Series 2018 Bonds Mr. Ward: Brett Sealy with MBS is with us today on video. As you recall, the District's bonds that were issued in 2006 were refinanced in 2018. We did a financing, I believe it was 20-year financing, it was placed with Hancock Bank. The interest rate on those bonds was 4%. There were no call provisions on those bonds such that we had to wait a period of time before we could do a refinancing. Brett will go through the market changes that have occurred from 2018 to 2021 with you, and now there is an opportunity to refinance those bonds at a substantially better rate and obviously better annual debt service savings for residents. Mr. Brett Sealy: Brett Sealy, Managing Partner with MBS Capital Markets. Within your Agenda Package is an investment banking agreement which is in substantially similar form to what we previously had entered into with the District and serving in the capacity as the underwriter for the refinancing of the 2007 bonds back in 2018. The proposed fee is the same as what we completed the financing for in 2018, and essentially, it's a contingency. We don't get paid unless there's a deal and until we deliver. We would respectfully request that you engage us for the purposes of making a presentation to you, to the extent in order for us to meet with regulatory requirements, to the extent that you don't like me, or you don't like what I have to say, or don't want to proceed with the refinancing, you can immediately terminate our agreement, we will waive our termination provisions, so the Board is under no obligation other than that we need to be engaged in order to provide advice to the District regarding a specific financing. Mr. Ward: What Brett is basically saying is we have to engage him first and then he can make the presentation to you, and if you don't like him then we can terminate it later after the presentation. Mr. Gasworth: Are we refinancing through you or are you just underwriting? Mr. Ward: Let's engage him and he can go through that with you. He called for a motion to approve the Agreement with MBS Capital Markets as presented. On MOTION made by Mr. Robert Cody, seconded by Mr. Steve Barger, and with all in favor, the Agreement with MBS Capital Markets as presented was approved. Mr. Gasworth: Why are we engaging them specifically. Are they a company you have worked with in the past? Mr. Ward: Yes, MBS Capital Markets, and the predecessor of the firm, I have worked with for the better part of 40 years at this point in time. They are the premier firm in this industry. Mr. Sealy: MBS Capital Markets was established in 2011. Our predecessor firm had started in 1991 and we specified in special tax district finance over the course of that 25-year period. We have completed more than 1,000 transactions representing about 15 billion in principal amount of bonds for about 450 Community Development Districts in the State of Florida. Over the last 10 years we have completed several billion dollars in refinancing representing about 175 transactions, including the refinancing that we completed for the District back in 2018. My firm doesn't do anything else. We specialize in 3IPage 1b1 1 Wentworth Estates Community Development District June 10,2021 Community Development District finance and would be very pleased to serve the Board once again in taking the proverbial second bite at the apple on a refinancing which is pretty rare, but as a result of the favorable structuring of the no call provision, as well as the current interest rate environment, the Board has a potential for second bite at the apple on a refinancing. Discussion ensued regarding the current bond's interest rate and potential interest rate. Mr. Sealy: The current interest rate is 3.83%. Most bonds are structured with call protection, either 5, 7 or 10 years. In this particular case there was no call protection structured within the 2018 series of bonds. We have been actively sending out credit packages to banks on a number of other refinancings, and based upon that activity, over the course of the last 30 days, we anticipate achieving a rate of around 2.5% or lower, so you are looking at about a 130 or so basis point reduction in interest rate. In addition to that, when we had done the 2018 refinancing, the project had not quite reached full credit maturity in the eyes of the bank, meaning that not 100% of the homes had been sold. There were still a number of vacant developed lots that have not yet achieved vertical completion yet. Therefore, there was what's know as a debt service reserve fund structured with that refinancing for which we are also confident that we would be able to structure much more favorably which would release existing cash out of the debt service reserve fund to be used as a source of funds towards the refunding which then again generates a better annual reduction in debt service. Under the assumption of the 2.5%interest rate, we have estimated that the annual reduction would be approximately $221,000 dollars annually which would begin with the District's fiscal 2022 tax roll which would be the tax bill that would be issued this November and that represents about an 11% annual reduction on debt service which is pretty healthy again for that proverbial second bite at the apple. The net present value savings would be approximately 8%. What's the importance of that 8.3%number? Most general governments will use a benchmark of 3 to 5% net present value savings to make a determination as to whether or not they will undertake a refinancing. We have estimated that 8.3%, which is in excess of that typical 3 to 5% benchmark that Collier County for example, or Naples, might use as their benchmark to make a determination as to whether to proceed with a refinancing. He asked if there were any questions. Mr. Barger asked how the process worked. Mr. Sealy: The next step in the process would be to update the credit package that we had prepared back in 2018 when we had undertaken the refinancing of the 2007 bonds. Once that credit package is updated, we would then send that out to a number of banks and set a specific response date for the banks to provide specific terms in which they would agree to refinance and purchase the refunding bonds. It shouldn't take us more than a week's time to update that credit package. We generally had been giving banks about 2 weeks or so to respond and deliver a term sheet, so from today until receipt of a term sheet we should be able to have something back within a 30-day period. Once we do receive those term sheets, we would then summarize the various terms that would be proposed by the banks, we would present those back to you, along with freshened up numbers. We will appear before you for that meeting and make sure we are handing out the summary of the proposed terms, the term sheets themselves, and the financial analysis that would correspond to the bank that provided the best terms, so at that point in time you could make a formal decision as to whether or not you would want to proceed with the refinancing. If you did, you could execute the term sheet with the bank, and then we would spend the next 30 to 45 days with the various staff members preparing bond documents in order to complete the refinancing. 4IPage leli Wentworth Estates Community Development District June 10, 2021 There were technical difficulties for approximately 1 minute, a connection was reestablished, and the meeting continued at 9:01 a.m. Mr. Sealy: I am not sure where we lost connection, but essentially, we will prepare the credit package, send it out to banks, receive proposals, bring those proposals back to the Board with a financial analysis based upon the term sheet provided by the bank that provided the best terms, and at that point you would make a decision as to whether or not you wanted to proceed with the refinancing. If you did, you would execute a term sheet with that bank and over the next roughly 30 to 45 days we would be working with staff in order to prepare all of the necessary bond documents to effectuate a closing. So, today to closing, under the assumption we receive favorable terms, and you elect to proceed, we should be able to complete a transaction within 60 to 75 days. Mr. Barger: Who buys these bonds? You say banks, which banks? Mr. Sealy: There are generally about 10 to 12 banks that we may mail a credit package to. At times it might be a smaller audience as a result of the underlying credit dynamics of a transaction, be it it's size or maturity. We have some banks that just absolutely will not participate a maturity beyond 12 or 15 years for example, and very few that will do 20 years. But there are generally about 10 to 12 banks. Most recently the banks that have participated in our transactions, or at least have provided firm sheets, would be Bank United, EBBA, Bank of Tampa (generally on a much smaller size deal), Hancock Bank. There generally have been about 3 to 5 banks that have been participating at any one given time, although we generally "throw the net out"so we are not limiting ourselves. Mr. Barger: What kind of maturity are we looking at? Mr. Sealy: The existing maturity date on your bonds is 2037, and we would match that maturity. We are actually prohibited under Florida law from extending the maturity. The original bonds could only be issued with an original maturity of no greater than 30 years. When we refinance bonds, we have got to match that maturity, so we are not simply extending a maturity in order to achieve annual debt service reduction, we have got to match that maturity, so the proposed final maturity on this proposed refinancing would be consistent with the existing 2018 bonds. Mr. Barger: Our only cost would be the 1%fee? Mr. Sealy: There are two different pieces of cost of issuance. One is the 1% that my firm would be paid that would be contingent upon the successful closing, and our fee gets paid out of bond proceeds, so you are not digging into your general fund in order to pay that fee. The other cost of issuance would be for the various professionals that need to prepare bond documents and an assessment methodology to correspond with the new financing. That portion, what we call the fixed cost of issuance, is also paid from bond proceeds so that, again, the District isn't taking money out of its general fund to pay cost of issuance. Most of the professionals, in light of the fact that bond documents aren't going to start until we actually have a term sheet, and you elect to proceed or not to proceed, there would not be any costs incurred with that process. The costs that would be incurred would be after you made the decision to move forward, and those fees would be paid with bond proceeds. Whenever we share estimated savings with you. There were again technical difficulties for a moment. Wage 16i1 Wentworth Estates Community Development District June 10, 2021 Mr. Sealy: 1 believe where we left off was regarding the costs of undertaking the refinancing. There are two components to it, the 1% placement, or underwriting fee, is paid to my firm contingent upon you electing to move forward and us completing the financing. That would be paid from bond proceeds. In addition to that, there are fixed costs of issuance that generally pertain to the preparation of the various bond documents. That's estimated somewhere between $125,000 to $135,000 dollars, and when we look back at your prior transaction this would be consistent. That is also paid from bond proceeds. When I was sharing with you estimated annual reduction in debt service, those were all net of any costs and fees related to the refinancing. We are very careful to make sure that when we are providing information to you on savings or reductions, it is always net of fees and costs,so there is never a surprise. When we run our numbers under the assumption that you elect to move forward and we receive term sheets, we will make sure to renumerate those estimated costs, illustrate them to you, and make sure that the information we are providing on savings or reduction reflect net of those costs. Mr. Barger: So, essentially, we increase the amount of the bond issue by the amount of all the fees, and you are paid out of those. Mr. Sealy: Typically, that might be the case; however, there is currently a balance of— What is the current balance in the reserve fund Sarah? Sara Zare: It is about$580,000 dollars. Mr. Sealy: So, you have sitting in what's known as the debt service reserve fund, which is very typical on the structuring of either a new money deal or a refinancing. A debt service reserve fund is there to pay debt service in the event of a default. In the event that the District doesn't collect sufficient revenues to be able to pay its debt service. Your prior 2018 deal was structured with a reserve fund. We believe that we will be successful in structuring the new refinancing with a reduced reserve requirement or no reserve requirement at all. What will happen is the proceeds that are sitting in that account will actually be utilized to offset the cost of issuance. We are projecting now, that the principal amount of bonds, would not be greater than the current outstanding principal amount of bonds based upon the availability of the use of the proceeds that are held within the existing trust estate. Mr. Barger: Who holds that reserve fund? Mr. Sealy: That is held in trust. It is held by the trustee, and those proceeds can only be utilized to pay debt service on the 2018 bonds to the extent that there is a lack of assessment revenues to pay. To the extent that the reserve fund was never utilized, which it is fully not anticipated to be utilized, the underlying credit dynamics of your District and your development are such that it is highly unlikely that there is going to be a failure by the District to collect 100% of the assessment revenues necessary to pay debt service. What happens is, at the final maturity, if those proceeds were still there, when Jim prepared his final assessment roll in the year of maturity, he would levy an amount of assessments less that amount of cash sitting in reserves. Essentially, it would be used to credit the final year's debt service payments for all of the residents'pro rata within the District. Mr. Barger: I'm looking at exhibit A and at the top it says, "the underwriter does not have a fiduciary duty to the District under the federal securities laws,"and says, "and are therefore, is required by federal law to act in the best interests of the District." How is that different from a fiduciary? 6IPage Wentworth Estates Community Development District June 10, 2021 16 ' t Mr. Sealy: We are doing something a little different on this transaction than would be normal for an underwriting transaction. Here, we are going to be serving in the capacity as a private placement. We are going to prepare a credit package, we are going to send it out, and require banks to bid. On an underwriting transaction, we wouldn't be going through quite the same process. Instead, we would be structuring a transaction, we would be mailing an offering document, and we would be balancing the interest rate against orders that we might be receiving from various institutions. We are required to provide disclosures that we don't serve in the capacity as a fiduciary. We are supposed to be fair dealing, which we do, but the underwriting role varies differently from that private placement role. In addition to that, we are not serving in the capacity as a municipal adviser, and a municipal adviser does have that fiduciary responsibility. Of course, their role isn't to underwrite the transaction, their role is to serve entirely in that fiduciary capacity without that underwriting role. Here we are still required to provide these disclosures to you, but the reality of the transaction is that we are going to prepare a credit package and force banks to bid on this deal. Underwriting does not come into play, but we are still required to provide you the disclosures. Mr. Ward asked if there were any questions; there were none. He thanked Mr. Sealy and indicated he looked forward to working with Mr. Sealy on this financing. Mr. Sealy indicated he would get started on updating the credit package, distribute it out to the banks, and bring the term sheets back to the Board for a decision regarding proceeding with the refinancing. FIFTH ORDER OF BUSINESS Staff Reports I. District Attorney No report. II. Asset Manager a) Operations Report June 2021 Mr. Bernard: We finished our lake bank restoration for the year. We are still watering and such to make sure (indecipherable 33:10) 1,000 plants behind Bella Firenze and lake 19, and also 1,000 plants over on lake 15, all the way at the far end of Trevi. We add some plantings along the edge line and down. We are planting pickleweed and spiked—they are just wetland plants, so I can try to build up the erosion barrier off the shoreline and give us a 4-to 6-foot-wide barrier around it. It acts in two ways, it is for water quality as it filters the water through the plants, and also acts as a barrier for waves. Mr. Barger: So, these plants—we spent a lot of time and money killing plants around these plants. These are actually in the water? Mr. Bernard: What we are spraying on is the weeds and torpedo grass and stuff like that which grows and chokes off the plants. When I came in there was a lot of torpedo grass and a lot of the sections were 15, 18, 20 feet wide going out into the lakes. After knocking back the torpedo grass around the lakes, some of the lakes didn't have any plants. That's why we are putting these plantings, to start building some of them up. 7IPage Wentworth Estates Community Development District June 10, 2021 Mr. Barger: But do we not get complaints from residents saying they don't want those plants? Mr. Bernard: By permit we are supposed to have them. Mr. Barger: But do we get complaints from residents? Discussion ensued regarding whether residents were complaining about the plantings; residents complaining about the torpedo grass not the plantings; needing to keep up with permit regulations; some areas being required to be 100% wetland plantings and this requirement causing residents to complain; and the District being liable for permit violations. Mr. Bernard: I am trying to work with the residents and refresh the plants up front this month, put some along the wall, on the easternmost end of the wall, on the entrance, inside and outside, and filled in where the flag holders were. We're taking care of the fountain. We finally got all of the leaves out and have the full flow of water there now. Mr. Ward: Any update on your buoys? Mr. Bernard: The buoys are still there and hopefully gone by December. III. District Engineer No report. IV. District Manager a) Financial Statements for period ending April 30,2021(unaudited) b) Financial Statements for period ending May 31,2021(unaudited) Mr. Ward: Bruce informed me there are a number of parcels, half a dozen I think, here in Treviso Bay that are still in Lennar's name, some of which need to come to the CDD, some of which need to go to the Master Homeowner's Association. We are going to be working on fixing that particular problem and getting those deeds transferred over. We will incur a little bit of expense in getting legal descriptions written. I have already contacted Lennar and they indicated they would work with the District for the transfer. This will be on a future agenda in the fall sometime. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests or questions from the Board;there were none. He asked if there were any audience members present by audio or video with comments or questions; there were none. SEVENTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at 9:20 a.m. Wage 16 1 Wentworth Estates Community Development District June 10, 2021 On MOTION made by Mr.Andrew Gasworth, seconded by Ms.Joanne Lekas,and with all in favor,the meeting was adjourned. ATTEST: WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT /414kel "Va Jame P.Ward,Secretary Joe ► -wcomb,Chairman 9IPage 16 ! 1m MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday, August 12, 2021, at 8:30 a.m., at the Treviso Bay Clubhouse, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairperson Robert Cody Vice Chairperson Steve Barger Assistant Secretary Joanne Lekas Assistant Secretary Andrew Gasworth Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Attorney Bruce Bernard Assets Manager James Messick District Engineer Richard Freeman Calvin, Giordano&Associates Niyala Harrison Greenberg Traurig Brett Sealy MBS Sara Zare MBS Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:30 a.m. He conducted roll call; all Members of the Board were present, constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Minutes June 10, 2021—Regular Meeting Mr. Ward stated the second order of business was consideration of the Minutes. He asked if there were any additions, corrections,or deletions to these Minutes. 1 I I) 1611 Wentworth Estates Community Development District August 12, 2021 Mr. Barger noted one correction. Mr. Ward indicated he would make the correction. He called for a motion. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth, and with all in favor, the June 10, 2021, Regular Meeting Minutes were approved as corrected. THIRD ORDER OF BUSINESS Consideration of Bank Response Consideration of Bank response for refinancing of the Districts Series 2018 Bonds Mr. Ward: Item 3 and 4 on your Agenda are to discuss the refinancing with respect to your Series 2018 bonds. You recall at your last meeting Mr. Sealy with MBS Capital Markets presented to you a financing alternative where the District would be in a position to refinance its 2018 bonds with a new series of bonds and lower the par debt assessments based on current interest rates, utilizing existing reserves so we would not have to pay any additional cost for financing. In addition to that, the interest rate was being lowered, I believe, from 3.8% to 2.2% which means residents would be able to see a significant savings on their annual debt service payment to the District for the remaining term of the debt that we have on the 2018 bonds which is 15 years. The normal way in which we do this, we do what's called a delegation bond resolution at today's meeting, and then we come back and do a final resolution at a future meeting. In order to make the certification date with the county property appraiser to be able to put assessments on the roles, we have to certify by September 3 of this year. It is a little early, but this is what Collier County does, so we have to do that. In order to do that, these documents have been changed to be basically the final resolution that you will consider and has the documents attached to them. The reason we are able to do that is because this type of refinancing we are doing, which is basically the exact same thing we did in 2018. All of the documents from the 2018 deal are what we will be using as the template for the 2021 financing with updates to the interest rates, the final term, the way in which the bank accounts are established with Hancock Bank, but it will be a much easier transaction that we did in 2018 based on that as a result. That is what this resolution will do. He asked Mr. Brett Sealy to review the financing. He noted Niyala Harrison would review the resolution. Mr. Brett Sealy: As Jim mentioned we were authorized to proceed with completing a credit package with the intent to send that credit package out to a number of banking institutions that have previously participated in CDD refinancing. We sent that package out customarily, we provided about a 2-week period for them to respond which culminated into a deadline for banks to provide a term sheet. As we have been experiencing more recently, while a number of the banks that we sent packages to have responded on other transactions, we found that given the merger of certain of the banks, specifically six of those banks merging into three banks, as the complete their mergers or involved in their mergers, we have had less responses, although we have been successful in each of the cases in obtaining a term sheet that was very consistent with terms in which we received multiple term sheets. Having said that, we received a term sheet back from Hancock Bank, who is the current bondholder of the series 2018 bonds. As Jim mentioned, the average interest rate on the existing bonds is 3.83% and the final maturity is in 2037. The term sheet that was provided by Hancock provides for an average rate of 2.212%, about a 160-basis-point reduction in interest rate. The duration of the bonds would not change;as mentioned in 2IPage 16 I Wentworth Estates Community Development District August 12, 2021 the presentation at the last meeting it is forbidden by law to extend the maturity on the bonds, so the maturity would be matched to the existing maturity and I'm looking at page 15 of the agenda package, which is page 3 or slide 3 of the presentation materials we have provided. The title of that is Estimated Refunding Results, and if everybody has that in front of them, I can go ahead and walk you through it. Starting with the top, the current outstanding principal amount of the bonds is$23,125,000 dollars. The current average interest rate is 3.83%. The bonds were structured to be callable at any time which is why we are able to come back and refinance this series of bonds. Typically, bonds are call protected; they have some period of call protection to ensure that the lender, purchaser of those bonds, will receive the stated interest rate for a specific period of time. The 2018 bonds were structured without optional call protection; therefore, that's what's providing the District the ability to come back and refund a refunding which is what's being undertaken here. The current maximum annual debt service on the existing bonds is about$1.95 million dollars. In terms of the refunding bonds, based upon the terms that have been provided by Hancock, the principal amount of the bonds will reduce to an estimated amount of$22,481,000 dollars; the estimated average coupon should be 2.12% (rather than the 2.2 as stated in the term sheet). Final maturity matched to the existing maturity on the outstanding 2018 bonds. Again, we are not extending maturity simply to get debt service savings. We have got to match the existing maturity. The net present value savings is$2.512 million dollars which is about 10.87%. You may recall in our presentation at the prior meeting we shared with you most governments will target a savings of between 3% and 5% in order to warrant undertaking a refinancing. In this particular case we are achieving well above that 3% to 5% net present value percentage savings benchmark. Also, taking into consideration that we are refunding the District, it's the proverbial second bite of the apple as it relates to a refinancing for a second time. The maximum annual debt service is projected to reduce to $1.66 million which would provide for an annual reduction of debt service of approximately$287,000 dollars a year beginning with the tax bill that would be issued this coming November. If all goes smoothly and we meet the deadlines, residents will begin to see the reduction in their annual debt service payments on the tax bill beginning this November which would represent about a 14.7% reduction in annual debt service. I will finish with:Is this net of 100%of the costs of this refinancing transaction?and the answer is yes. All of the costs of the transaction have been considered in conjunction with the numbers that we have provided you. The $287,000 dollars a year in estimated debt service reduction is the net debt service reduction and the net percentage is at 14.7%. He asked if there were any questions. Mr.Steve Barger: What are the refinancing costs? The estimated refinancing costs. Ms.Sara Zare: The total cost of the issuance would be about$357,835 dollars. Mr. Sealy: This represents the fixed cost of issuance, professional fees, as well as the private placement fee paid to MBS. This is the aggregate amount of costs, correct? Ms.Zare: Correct. Mr. Barger: And we are going to pay that with the reserve we are no longer required to have. Is that correct? Mr.Sealy: Yes sir. Mr. Barger: What happens to the difference? 3IPage 16I 1 Wentworth Estates Community Development District August 12, 2021 Mr.Sealy: It is used as a source of funds to further reduce the principal amount of the bonds outstanding and provide for the additional reduction in annual debt service. Mr. Ward: Per your reserve account, we have about$580,000 dollars in cash in our reserve account. The difference between the$354,000 dollars and the$579,000 dollars just goes in to reduce the par debt. I provided to you a comparison chart that's in draft form showing what your assessment levels currently are for the 2018 bonds and what they should go down to after refinancing. This is not perfect at the moment because we are in the process of running some final numbers, but this will give you the flavor of what the assessments will go down. The smallest decrease is on the smallest product lines, the four- story condominiums, it is $146 per unit per year and the 150-foot lots are the largest reduction of$667 dollars. They range between those two numbers over the different product lines you have in the community. These will be finalized when we finalize the final set of numbers, and I will provide you a final analysis when we finish. Mr. Barger: Did we not combine two lots in the peninsula? Does that have any effect on us? Mr. Ward: Whether there were two lots which were combined or not, with respect to this financing, is not material. They will still pay as if there were two lots. Discussion ensued regarding the combining of lots. FOURTH ORDER OF BUSINESS Consideration of Resolution 2021-7 Consideration of Resolution 2021-7, a Resolution of the Board of Supervisors of the Wentworth Estates Community Development District Authorizing the Issuance of not to exceed $23,125,000 Wentworth Estates Community Development District Special Assessment refunding Bonds, Series 2021 (The "Series 2021 Bonds") to refund all of its outstanding Wentworth Estates Community Development District Special Assessment Refunding Bonds, Series 2018 (The "Refunded Bonds"); (i) Determining the need for a negotiated sale of the Series 2021 Bonds and providing for a direct placement of the Series 2021 Bonds with Hancock Whitney Bank, a Mississippi State Chartered Bank; (ii)Appointing MBS Capital Markets, LLC as placement agent for the Series 2021 Bonds; (iii)Approving the Form and Authorizing the execution and delivery of a third Supplemental Trust Indenture with respect to the Series 2021 Bonds; (iv) Providing for the application of Bond proceeds and certain other moneys to refund the Refunded Bonds; (v) Directing the call for redemption of the Refunded Bonds; (vi) Authorizing the proper officials to take all actions deemed necessary in connection with the Issuance, Sale and Delivery of the Series 2021 Bonds and the refunding of the Refunded Bonds. (to be provided prior to the meeting) Mr. Ward asked Ms. Niyala Harrison to review the Resolution. Ms. Niyala Harrison: What you have before you is a resolution to authorize the issuance of not to exceed $23,125,000 dollars of Wentworth Estates Community Development District bonds. These are refunding bonds. What we do provide in the resolution is a not to exceed amount. My understanding is that the par amount will be less than this. We will know this once final numbers are determined. The 2021 bonds are to refund all of the outstanding 2018 bonds. This resolution provides that the bonds will be sold pursuant to a negotiated sale through a direct placement with Hancock Bank which is the prior bond holder, appointing MBS Capital Markets as the placement agent. The District did previously issue it's 4IPage Wentworth Estates Community Development District August 12, 2021 1 6 I 1 2006 bonds. Those were refunded by the 2018 bonds and these 2021 bonds will refund the 2018 bonds. In order to do that, the District has also entered into Trust Indentures including a Master Trust Indenture, a First Supplemental Trust Indenture, a Second and now the District would be on its Third Supplemental Trust Indenture. That is where all of the terms and the covenants of the bonds would be held. I am just going ahead and moving through delegation resolutions. I just mentioned that Third Supplemental Indenture; it is attached as an exhibit to this resolution and through this resolution the District will be approving and authorizing the execution and delivery of that indenture. It is provided in substantially final form, but then any changes that come in after this meeting will need to be approved by the District Manager. Jim is authorized by this Resolution to go ahead and approve those changes. The changes are not meant to be substantial. For the most part the changes will be the final numbers provided upon pricing. These bonds are going to be sold pursuant to a negotiated sale and there are several reasons why a negotiated sale is appropriate and in the best interest of the District. Those are found in section 4. Among those reasons are the complexity of the financing structure because of the market conditions for tax exempt bonds. Also, the fact that you have the bank and MBS having participated in the structuring of this deal since the beginning, so they can and have been helpful in helping the District to achieve the best possible financing. Finally, the District will not be adversely affected if the bonds are not sold pursuant to a competitive sale. Oftentimes and statutorily, bonds are sold competitively unless there are good and compelling reasons, such as the ones just outlined. The details and the final terms of the bonds will be outlined in the final third supplemental trust indenture, and the final pricing numbers upon pricing. Those would be available to the Board. The bond proceeds in terms of proceeds, proceeds will be used to, on the date of closing, once that date is determined, and I believe at this point we are shooting for June 30 as a closing date, all of those 2018 bonds would be paid off, redeemed at closing, and then the cost of issuance would be paid for the 2021 bonds. In connection with any refunding, we usually will have a verification agent on board, and that verification agent would be able to confirm that the monies provided, including some of the old 2018 monies, and the new 2021 monies, that those are sufficient to refund the outstanding 2018 bonds. There will be a verification agent that provides that opinion. She asked if there were any questions. Mr. Barger: We are going to give Jim Ward the authority to sign the final agreement on the understanding that there will not be any substantive changes in it? Mr. Ward: The actual documents are signed by the Chair and me as your Secretary. This will be just to finalize the changes in the documents. Mr. Greg Urbancic: There are going to be a couple little cleanup items in the Supplemental Trust Indenture that Jim and I talked about earlier. Nothing substantive, but just a couple cleanup items, one being the name of your report which has the summary of the funding, but otherwise everything looks pretty in order from my perspective. Mr. Ward asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth, and with all in favor, Resolution 2021-7 was adopted, and the Chair was authorized to sign. Mr. Ward: There is one other item that was included in your Agenda Package, and that was the Agreement with Greenberg Traurig to act as your Bond Counsel. Their fees are paid out of the bond issue SIPage 161 1 Wentworth Estates Community Development District August 12, 2021 that Sara and Brett referenced earlier. I will ask you for a motion to approve the Greenberg Traurig Fee Schedule and to act as your Bond Counsel on this refinancing. This was in the backup documents emailed to you yesterday. On MOTION made by Mr. Andrew Gasworth, seconded by Ms. Joanne Lekas, and with all in favor, to approve the Greenberg Traurig Fee Schedule and to approve Greenberg Traurig to act as your Bond Counsel on this refinancing. FIFTH ORDER OF BUSINESS Staff Reports I. District Attorney No report. II. Asset Manager a) Operations Report July 2021 Mr. Bernard: Changing the annuals out front at the main entrance next week (indecipherable). The (indecipherable) saying we will get a 50% reduction. I definitely can see that they do not have as much algae bloom as they did last year. The worst location is Lake 42 around the peninsula. They are thinking they have to get some bigger transmitters in there for that one because of the nutrients coming off the golf course, plus the construction turbidity stirring up the water. It is not a bad outbreak, but they still(indecipherable). Mr. Barger: They are saying it's an average of 50%(indecipherable). Mr. Bernard: They can see a reduction. We have triannual reports that we take (indecipherable). They are basing what they are reporting (indecipherable). It is definitely coming down. It is a win- win so far. Mr.Andrew Gasworth: You say it is a 50%reduction. What was it with the chemicals? Mr. Bernard: It's a 50%reduction in what it would have been with the waves. We are reducing what the algae blooms to about 50% of what it was before. That's based on their measurements of the chloroform in the water. Mr. Ward: It's not 50%reduction in the chemical use, it's a 50%reduction in the algae. Mr. Bernard: It's a 100%reduction in the chemical use in those lakes. Mr. Gasworth: But if we used chemicals what would be the reduction? Mr. Bernard: The problem with algae is it's based on the weather, the heat, how many nutrients are in the water, so you are adding chemicals as a reaction, not proactively. This is a proactive effort. Wage 1611 Wentworth Estates Community Development District August 12, 2021 When we use the chemicals, we have to wait for a reaction to happen to add the chemicals. It's harder to measure because we don't have something in the water to give us readings every day like they do. Mr. Gasworth: But it's a 50%reduction from the baseline which was last year at this time. Mr. Bernard: Yes, and it's a 100%reduction in the chemical use in the seven lakes. Mr. Gasworth: If you are looking at our Community from across 41, you have the bridge, you have walls that we own, if you go to the far left, past the wall, there is a pond there. Do we own any of that land? Mr. Bernard: No. That pond is not us. Even the canal is not us. We just have it from the west side of the canal bank up to the wall. Mr. Gasworth: That little bit of grass there we maintain. Mr. Bernard: That whole slope coming down to the wall, that's ours to maintain. III. District Engineer No report. IV. District Manager a) Financial Statements for period ending June 30,2021(unaudited) b) Financial Statements for period ending July 31,2021(unaudited) No report. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests or questions from the Board; there were none. He asked if there were any audience members present by audio or video with comments or questions; there were none. SEVENTH ORDER OF BUSINESS Next Meeting Date Announcement Announcement of Next Meeting—Friday,August 27, 2021 EIGHTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at 9:02 a.m. 7iPage t6I1 Wentworth Estates Community Development District August 12,2021 On MOTION made by Mr. Joe Newcomb, seconded by Mr. Robert Cody,and with all in favor,the meeting was adjourned. ATTEST: Wentworth Estates Community Development District 14/ / Jame P.Ward,Secretary J • ,omb, Chairman Wage 16I 1 Timestamp City 4/5/2021 13:26:05(CDT) Oakland Park Final Publication Date State 5/5/2021 0:00:00 (CDT) FL Ad Number ZIP Code GCI0625725 33334 Publication Your Name Daily News Michael Staley Market Email Address Naples mstaley@gannett.com Delivery Method Both Number of Affidavits Needed 1 Customer Email coridissinger@jpwardassociates.com Customer Name Wentworth Estates Ccd Customer Address 2900 Northeast 12 Th Terrace Suite 1 Oakland Park, FL 33334 Account Number (If Known) 530448 Name Cori Dissinger Street 2900 Northeast 12 Th Terrace Suite 1 161 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday, February 10, 2022, at 8:30 a.m., at the Treviso Bay Clubhouse, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairperson Robert Cody Vice Chairperson Steve Barger Assistant Secretary Joanne Lekas Assistant Secretary Andrew Gasworth Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Attorney Bruce Bernard Assets Manager Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:30 a.m. He conducted roll call; all Members of the Board were present, constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Minutes January 13, 2022—Regular Meeting Mr. Ward stated the second order of business was consideration of the Minutes. He noted there were a number of redline items (name changes) provided to the Board which would be corrected in the minutes. He asked if there were any other additions, corrections, or deletions to these Minutes; hearing none, he called for a motion. On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Steve Barger, and with all in favor, the January 13, 2022, Regular Meeting Minutes were approved as corrected. 1I '' Wentworth Estates Community Development District February 10, 2022 1 THIRD ORDER OF BUSINESS Consideration of Resolution 2022-3 Consideration of Resolution 2022-3, a Resolution of the Wentworth Estates Community Development District amending the Fiscal Year 2022 budget which began on October 1, 2021 and ending on September 30,2022 Mr. Ward: The primary purpose of the meeting today was to do a Budget Amendment for the capital items we had talked about at the last Board Meeting relative to your entranceway. The exhibit to the Resolution, the items marked in green were what we are taking out, and the items marked in blue are the additions to the budget for the current year. I think the important thing to note in here beyond the moving of the line items, is that$50,800 dollars of the cost of the program is coming from your storm events unforeseen capital reserve number. In the current budget we had $82,280 budgeted, we are reducing it by$50,800 dollars in the current year in order to fund this expenditure during the year. The rest of it is just some minor line item changes. Mr. Gasworth: So, if there is a bad storm, we could run short? Do you think we still have enough? Mr. Ward: I can't remember exactly when we established this, but I think within the last year or so. It is designed to just add cash to your fund balance in case we have an unexpected event, some capital items we need to do during the year, a storm event that may come up, that kind of thing. Mr. Barger: Jim, you've moved the money around here specifically for the landscape lighting project and for the landscape improvement project, but we haven't really approved those yet specifically, have we? We will get dollar quotes. Mr. Ward: You are talking about the installation work? Mr. Barger: Yes. Mr. Ward: Yes. Bruce goes through and gets vendor quotes for all of the work and then we issue purchase orders. Mr. Barger: Will that come back before the Board? Mr. Ward: Generally, it does not come back before you. Mr. Barger: So, I guess there was a little bit of concern about the preserve improvements. I see you've got that in here. Do we want to talk about that more? Is everybody good with that? Mr. Newcomb: I thought at the last meeting we agreed that we weren't going to do anything with the preserves. Mr. Bernard: We only talked about the entrance. Mr. Ward: If you don't want to do the preserves, that's easy. We just take that out and add the money back to the storm water reserve. Mr. Newcomb: We were going to let the preserves sit and not touch them I thought. Wage 16L1 Wentworth Estates Community Development District February 10, 2022 Mr. Barger: In line with that, there is a fence which identifies the property line there. In some cases, it is in bad repair. I'm wondering if we own that. Mr. Ward: The fence was well before my time. I am assuming it was a developer install. Whose land it sits on, I don't know. It may be HOA, or it may be CDD. Mr. Bernard: I brought it up to Will. Will said he was going to look into and see if he can find out any information on that fencing. Mr. Barger: Would you have to do a survey to see whose land it sits on? It's behind single family home and HOA property. Mostly, single family home. It's in disrepair in some areas. It's only a 4 foot high fence and in some areas it's 2.5 feet high. Mr. Bernard: The only indication it was put up by the builder is the fencing is on their side of the top rail, not back towards the CDD's side. If the CDD had put it in, they would have the fencing toward their property. Mr. Barger: I'm just thinking that's something that ought to be clarified because there will come a time when someone is going to say, "The fence behind my yard is bad, who is going to fix it?" Mr. Ward: From the District's perspective, if it isn't on property, since it's been there for so long, it ends up being ours. The question is whether we will fix it. It's whether you want to take it out and get rid of it, since it does sit up against the preserve. I have no clue why it was even put in. Mr. Bernard: To keep the turtles in. It's a turtle preserve. Mr. Ward: The question will become, at some point, do you want to fix it or take it out. I'm not used to seeing fencing around turtle preserves. We'll just see if we can figure out quickly whether it's on our property or not. I'll get somebody in CGA to figure it out for me and we'll go from there. If it's in disrepair we might as well take it out. It doesn't seem to me to be a big issue, unless you all have some desire to keep it. Mr. Barger: I think you'll find it's a big issue to the people. I think they want it. Discussion ensued regarding whether the residents wished to keep the fence; deer in the preserve area; the fencing keeping the deer in the preserve area;and the developer installing the fencing. Mr. Ward: Okay, so no preserves, and we will figure out the fence at another date. He asked if there were any additional questions; hearing none, he called for a motion. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Robert Cody, and with all in favor, Resolution 2022-3 was adopted, and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Staff Reports 3IPage February10, 2022 16 t 1 Wentworth Estates Community Development District I. District Attorney Mr. Urbancic: The Legislative Session is going and there are two we are just continuing to watch, one that would allow virtual meetings in an event of a declaration of a state of emergency. That would be a drastic change to our Sunshine Law and you can envision us using that maybe in a hurricane if we needed to hold a meeting and had some challenges and there was a declaration of a state of emergency. Hopefully, that one will pass because I think that's such a good idea, at least for when we are in that state. There is also one that would change—as a local governmental entity we have sovereign immunity, but there is a limited waiver by the government. Currently,for tort actions that would be against us, the limit is$200,000 per individual, and$300,000 in the aggregate. This bill would take it up to $1 million and then index defer inflation on every year. They made a run at this to try to increase it for the last several years and it has not been approved. I don't know whether this one will go, but this is a bigger step than they had tried previously, so we will just have to keep an eye on it and let you know because it's fairly significant in terms of potential liability against the District in the future. We will see what else pops up, but those are the two biggest ones. II. District Engineer a) Stormwater Reporting Requirements No report. III. Asset Manager a) Water Quality Report October 2021 b) Operations Report February 1,2022 Mr. Bernard: The lake bank restoration contractor started doing the lake bank restoration in Lake 21. They should be done there in the next two weeks and then they will be moving to Lake 6. Then they will move on to Lake 5 and the two right across from the clubhouse. The buoys have been taken out of all the lakes. That started Monday. They got them all out. We sent out our quotes to three electrical contractors for the lighting up front and next week I will send out the plans for the quotes for the landscaping up front. He listed the names of the companies he was obtaining quotes from for the electric and the landscaping. West Coast Electric tells us our light pole is down, and once they get their location, they are going to reset the light pole out at the entrance. We had to buy a whole new pole, but we have insurance on it. It cost$11,200 dollars. Mr. Barger: Have we thought about some cameras? We could even tie into the HOA system. We just upgraded the HOA's, and we may or may not have capacity to add more cameras. Mr. Bernard: We had a talk with Will a couple months ago about cameras, and he had talked with the HOA, and he said the vendor went out and looked. He was supposed to get back to us and he hasn't gotten back to us yet, but we are looking to get cameras. Mr. Ward: Time out. I didn't know that. The problem with cameras and a governmental agency is those become public records and they've got to be maintained. So, all of the audio and video of that is something that by law we have to maintain those records. We cannot dispose of them. This Wage let 1 Wentworth Estates Community Development District February 10,2022 District is not set up to maintain video files. If the HOA wants to do that and put it on their nickel and they do that, that's fine, but for the District to do that, that's extremely impractical. Mr. Gasworth: Do we really need that? Someone hit a light pole once in 15 years and you're looking at—the odds of needing it for something seems low. I mean we need them within the community, I get that, that's important. But down by the front? Mr. Ward: I would be very careful about installing cameras out there for us. I would not recommend that. Mr. Barger: Obviously, it's not a big issue right now. If it ever became one, I mean, you've got fountains that could be damaged or vandalized or whatever. That's all I'm thinking about. Stuff like that. It hasn't been a big issue, but I certainly understand the issue with the public records. I don't know how you maintain 24 hours of 8 camera video files. Mr. Ward: You just don't. (Indecipherable.) Mr. Barger: Our two fountain upgrades up front, we were planning to do the engineering this fiscal year. Do you have some timing on that? Mr. Bernard: Hopefully, we are looking at March or April, I will call some vendors to come out and take a look and give us a price and proposal of what it would take to do it. Then bring them back to the Board and let them decide whether they want to do it. Mr. Barger: I just want to be sure because we are heating up our Di Napoli fountain discussion and we want feedback with the CDD on that. Is All Fountains one of your vendors? Mr. Bernard: Yeah. All Fountains is one of the ones we talked about. Mr. Barger: Just keep Will in the loop on that deal. Mr. Ward: Now that we've got this approved, can we see a timeline on the design, bidding and install of all of this stuff? For whatever will be put in? Mr. Bernard: We will need to get proposals first. Hopefully on the next report I will have that and be able to get the timeline for you. Mr. Ward: Okay. Thank you. Mr. Bernard: The other thing I had was the GDS Services report on the lake water quality. The water quality of the lakes has been stable for the last year. Mr. Gasworth: Question on that. Is this impacted by the buoys? Is this something we should have seen before we voted against the buoys? Also, have the buoys had an impact on this report? Mr. Bernard: What you will see on this report, what the graphs will show you in this report, through the whole thing there was no dramatic change in the water condition. The water quality is not SIPage 161 1 Wentworth Estates Community Development District February 10, 2022 indicating how the algae control is, it's two separate issues. This is just telling us for reporting purposes that we are keeping the lakes the way they should be, and they are up to standard. IV. District Manager a) Financial Statements for period ending January 31,2021(unaudited) No report. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests or questions from the Board; there were none. He asked if there were any audience members with comments or questions;there were none. Mr. Barger: Can we talk about the financials? Mr. Ward: They are pretty standard. Mr. Barger: Our assessments are at 84%. Is that pretty much normal at this time of year? Mr. Ward: It depends on the community. It's a little low. I've seen with the property appraisers and tax collectors sending bills out earlier in the month of November, and Districts are getting money in the middle of December when we used to get them at the end of December and early January. It's a little low from what I'm seeing, but we may not have gotten the money in December. It may have come in January. They may be a little bit behind. It's actually a really good collection rate, but in terms of what I see state-wide, it's a little lower than normal right now. Mr. Barger: What's the$10,775 miscellaneous? Mr. Ward: That is the streetlight. Mr. Barger: Oh. Are we doing a bridge inspection this year? Mr. Ward: Yes, we are. Mr. Barger: Do we know when that will take place? Mr. Bernard: That is being handled by the District Engineer, not me. Mr. Ward: Sometime in the next few months. I usually schedule them in the summer. Mr. Barger: Then,for our utility services, you have electrical here, streetlights, pump station, and bridge. Is the electrical for the bridge just the lights on the bridge? Mr. Bernard: We have two meters up front. We have one up for the bridge and one up for the pump station. Wage 16 1 I Wentworth Estates Community Development District February 10,2022 SIXTH ORDER OF BUSINESS Next Meeting Date • March 10, 2022 Mr. Gasworth: Do you have a next meeting date in mind? Mr. Ward: It is scheduled in March, but I don't think we will need one in March. We will do one in April when we set the public hearing date. SEVENTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at 8:52 a.m. On MOTION made by Mr. Robert Cody, seconded by Mr. Andrew Gasworth,and with all In favor,the meeting was adjourned. Wentworth Estates Community Development District *tGo.o �s . �s� 101# Ja s P.Ward,Secretary • •"comb,Chairman 7IPage • • .,t a��Y�` 'jr�T��`�y r = f(Al S l'7 t 4y' � ��1� ,'. '.5, .. .i 1 1., tlFl PART OF Fl//THE USA TODAY NETWORK Published Daily Naples, FL 34110 WENTWORTH ESTATES CC D 2301 NE 37TH ST WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT FT LAUDERDALE, FL 33308-6242 (Hereinafter called"District") REQUEST FOR PROPOSALS The WENTWORTH ESTATES Community Development District is Affidavit of Publication requesting proposals from qualified firms of certified public ac STATE OF WISCONSIN countants, licensed to practice in the State of Florida, to audit its financial statements for the fiscal year ending September 30, COUNTY OF BROWN 2022 and in the sole and absolute discretion of the District for each fiscal year thereafter through September 30,2026. There is no expressed or implied obligation for the District to re- Before the undersigned they serve as the authority, imburse responding firms for any expenses incurred in prepar- personally appeared said legal clerk who on oath says that ng proposals in response to this request. he/she serves as Legal Clerk of the Naples Daily News, a Sealed technical and dollar cost proposals will be received by the District Manager's office until 5:00 p.m.,Friday,February 18, daily newspaper published at Naples, in Collier County, 2022, located at 2301 Northeast 37th Street, Fort Lauderdale, Florida; distributed in Collier and Lee counties of Florida; Florida 33308.Proposals received after this time will be returned unopened. that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the The Proposer shall submit a sealed and clearly marked envelope that includes both a pdf file along with seven (7) printed Tech- said Naples Daily News is a newspaper published at nical and Dollar Cost Proposals to be marked as follows: "Went- Naples, in said Collier County, Florida, and that the said worth Estates Community Development District, Professional Auditing Services Proposal." newspaper has heretofore been continuously published in said The Technical and Dollar Cost Proposal will be opened in the Of- fice of the District Manager at 5:00 p.m.,on Friday, February 18, Collier County, Florida;distributed in Collier and Lee 2022. counties of Florida,each day and has been entered as Proposals submitted will be evaluated by a five(5) member Au- second class mail matter at the post office in Naples, in ditor Selection Committee, ("Selection Committee"). The Audit said Collier County, Florida,for a period of one year next Selection Committee consists of the five (5) members of the Board of Supervisor's,who will review submissions. preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither The District reserves the right to retain all proposals submitted paid nor promised any person, or corporation an discount and to use, without compensation, any ideas in a proposal re Y , gardless of whether that proposal is selected. Submission of a rebate,commission or refund for the purpose of securing proposal indicates acceptance by the firm of the conditions con- tained in this request for proposals, unless clearly and specifical- this advertisement for publication in said newspaper I noted in the proposal submitted and confirmed in the con- issue(s)dated or by publication on the newspaper's tract between the District of and the firm selected. website, if authorized,on The District reserves the right to reject any or all proposals sub- mitted or to retain all proposals submitted and to use without compensation any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates ac- Issue(s)dated: 01/31/2022 ceptance by the firm of all of the conditions contained this Re- v- "-i..--- quest for Proposal. Wentworth Estates Community Development District — James P.Ward,District Manager Pub Date:Jan.31,2022 45109857 Subscribed and sworn to before on January 31,2022: r Notary, e'of WI, Cou ty o\�ff'JBBrr]o�w l Wi fr‘,vn^ /oh MViabFaatllxi toirZ71.00 Ad No: 0005109857 ......__..._... .. _... .. ..._.... . . . Customer No: 1308466 VI C KY F E LTY PO#: Notary Public #of Affidavits1 State of Wisconsin This is not an invoice 161 1 Publication Date 6/26/2022 Ad Number GC10899592 Publication Naples Daily News Market Naples Delivery Method Email Number of Affidavits Needed 1 Customer Name Wentworth Estates Ccd Customer Phone Number (954) 658-4900 Customer Address 2301 NE 37Th ST Ft Lauderdale, FL 33308-6242 Account Number (If Known) 530448 Customer Email coridissinger@jpwardassociates.corn Your Name Marita Froimson Email Address mfroimson@gannett.com • aptr i t Jimnt PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 WENTWORTH ESTATES CC D 2301 NE 37TH ST NOTICE OF ANNUAL MEETIGS FT LAUDERDALE, FL 33308-6242 WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Fiscal Year 2022 Regular Meetings of the Board of Supervi- sors of the Wentworth Estates Community Development District Affidavit of Publication will be held on dates noted herein at 8.30 A.M.,at the Treviso STATE OF WISCONSIN Bay Clubhouse, 9800 Treviso Bay Boulevard, Naples, Florida 34113. COUNTY OF BROWN October 14,2021 November 11,2021 December 9,2021 January 13,2022 Before the undersigned they serve as the authority, February 10,2022 March 10,2027 April 14,2022 May 12,2072 personally appeared said legal clerk who on oath says that June 9,2022 July 14,2022 he/she serves as Legal Clerk of the Naples Daily News, a August 11,2022 September 8,2022 daily newspaper published at Naples, in Collier County, The meetings are open to the public and will be conducted in Florida; distributed in Collier and Lee counties of Florida; accordance with the provisions of Florida Law for Community Development Districts. A copy of the agenda for the meeting that the attached copy of the advertising was published in may be obtained from the office of the District Manager, JPWard &Associates, LLC, 2301 NE 37th Street, Fort Lauderdale, said newspaper on dates listed. Affiant further says that the Florida 33308 at least seven (7) in advance of the meeting, by said Naples Daily News is a newspaper published at phoning (954)658-4900. In addition, the agenda's will be avail- able on the District's web site at www.wentworthestatescdd.org Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in Any meeting may be cancelled or continued to a date,time and said location specified on the record at the meeting. Collier County, Florida;distributed in Collier and Lee In accordance with the provisions of the Americans with Disabil- ities Act,any person requiring special accommodations or an in- counties of Florida,each day and has been entered as terpreter to participate at these meetings should contact the second class mail matter at the post office in Naples,in District Manager at(954)658-4900, at least five(5)days prior to the date of the meetings. If you are hearing or speech impaired, said Collier County, Florida,for a period of one year next please contact the Florida Relay Service at 1-800-955-8770, for preceding the first publication of the attached copy of assistance in contacting the District Office. advertisement;and affiant further says that he has neither if any person decides to appeal any decision made with respect paid nor promised any person,or corporation any discount, to any matter considered at these board meetings, such person rebate,commission or refund for the purpose of securing will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is this advertisement for publication in said newspaper made at their own expense and which record includes the testi- issue(s)dated: mony and evidence on which the appeal is based. Wentworth Estates Community Development District James P.Ward,District Manager Issue(s)dated:09/19/2021 Pub Date:September 19,2021 #4347776 Subscribed and sworn to before on September 19,2021: Notary, State of I Count Town My commission expires Publication Cost: $322.00 Ad No:0004911402 Customer No: 1308466 PO#: Annual Meetings NANCY HEYRMAAN ltofAffidavitsl Notary Public This is not an invoice State of Wisconsin 16I1 -' MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Wednesday, April 13, 2022, at 8:00 a.m., at the Treviso Bay Clubhouse, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairperson Robert Cody Vice Chairperson Steve Barger Assistant Secretary Joanne Lekas Assistant Secretary Andrew Gasworth Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Attorney Bruce Bernard Assets Manager Andrew Gill JPWard &Associates Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. [The majority of this meeting was inaudible due to poor Internet connectivity.] FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:00 a.m. He conducted roll call; all Members of the Board were present, constituting a quorum. SECOND ORDER OF BUSINESS Notice of Advertisement Notice of Advertisement of Regular Meeting. THIRD ORDER OF BUSINESS Consideration of Minutes February 10,2022—Regular Meeting 1I .. ,. - 16I1 .. Wentworth Estates Community Development District April 13, 2022 Mr. Ward asked if there were any additions, corrections, or deletions to these Minutes. A couple of changes were recommended. Mr. Ward indicated these changes would be made. He called for a motion. On MOTION made by Mr. Steve Barger, seconded by Mr. Joe Newcomb, and with all in favor, the February 10, 2022, Regular Meeting Minutes were approved as corrected. FOURTH ORDER OF BUSINESS Consideration of Resolution 2022-4 Consideration of Resolution 2022-4, a Resolution of the Board of Supervisors of the Wentworth Estates Community Development District Approving the Proposed Fiscal Year 2022 Budget and setting the Public Hearing on Thursday,June 9, 2022, at 8:30 A.M. at the Treviso Bay Clubhouse, 9800 Treviso Bay Boulevard, Naples, Florida 34113 Mr. Ward presented this Resolution. He discussed the budget and assessments. Discussion ensued regarding the Budget and Capital Improvements. Mr. Ward: We can go up in that line item, and then back it off at the public hearing if Bruce has a better number. Mr. Newcomb:I think we ought to have$100,000 dollars in there. Mr. Ward: Okay, let's up that to$100,000 dollars. The public hearing date was changed to July 14, 2022. Mr. Ward: A motion to adopt Resolution 2022-4 which approves the proposed budget with the change of increasing the Capital related to the fountain pump house construction to $100,000 dollars in 2023, and changing the public hearing date to July 14, 2022, would be in order. On MOTION made by Mr.Joe Newcomb, seconded by Mr. Barger, and with all in favor, Resolution 2022-4 was adopted as amended, and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Consideration of Proposals Consideration of proposals for providing Audit Services to the District for the Fiscal Years 2022-2026 Mr. Ward discussed the auditing services provided to the Board and presented the proposals noting Staff provided a ranking for consideration by the Board with Grau and Associates ranked as number 1, and Berger,Toombs as number 2. Discussion ensued regarding the proposals. Mr. Newcomb:Is there any value in having another firm take a look at it? 2 I . . :> , 1 6 I 1 Wentworth Estates Community Development District April 13, 2022 Mr. Ward: I generally like (indecipherable) where the numbers are getting so low and it's impossible to make an independent really do the in-depth work that's necessary(indecipherable). This audit is just like an SEC audit. It might not be a big District, but the volume of work to get to the point of getting it out to you is voluminous. (Indecipherable) a different set of eyes on it, but I don't know how you do these audits from the numbers anymore,so I don't have that opinion anymore. Discussion continued regarding the auditors and whether there was any value in bringing in fresh eyes. Mr. Greg Urbancic: There are some governmental entities in the State of Florida that are required to change their auditors every five years. We don't have that requirement, but the State does impose that statutorily and by regulation on some governmental agencies. Mr. Ward: Whoever you want is fine. Obviously, we are recommending Grau. The pricing is a little better than what we really need, and I don't know that it would do us much good to change eyes right at this point. On MOTION made by Mr. Robert Cody, seconded by Mr. Joe Newcomb, and with all in favor, the proposals were rated with Grau and Associate as number one and Berger,Toombs as number two. SIXTH ORDER OF BUSINESS Staff Reports I. District Attorney No report was made due to connection difficulties. II. District Engineer a) Stormwater Reporting Requirements No report. III. Asset Manager a) Operations Report March 1,2022 b) Operations Report April 1,2022 Mr. Bernard made a presentation on the pond banks. Discussion ensued regarding the pond banks. Mr. Cody asked about the pond bank improvement program. Mr. Bernard replied three out of the five ponds were finished and made other (indecipherable) comments. IV. District Manager 3IPage t6I1 Wentworth Estates Community Development District April 13, 2022 a) Notice of Qualified Elector Election—Seats 1,Joe Newcomb&Seat 2,Andrew Gasworth b) Financial Statements for period ending February 28,2022(unaudited) c) Financial Statements for period ending March 31,2022(unaudited) Mr. Ward discussed the two seats which were up for election this year, Seats 1 and 2, and the requirements involved in being elected or reelected to these seats. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests or questions from the Board. Discussion ensued which was largely (indecipherable). Discussion ensued regarding tax liens on property and the Southwest Boulevard landscape maintenance budget which was largely (indecipherable). He asked if there were any audience members with comments or questions;there were none. EIGHTH ORDER OF BUSINESS Next Meeting Date June 9, 2022 NINTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at approximately 8:35 a.m. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Robert Cody,and with all in favor,the meeting was adjourned. Wentworth Estates Community Development District /,,,a?WC7 James P. ard,Secretary o- -, omb, Chairman 41Page 16l1 MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday,July 14, 2022, at 8:30 a.m., at the Treviso Bay Clubhouse,9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairperson Robert Cody Vice Chairperson Steve Barger Assistant Secretary Joanne Lekas Assistant Secretary Andrew Gasworth Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Attorney Bruce Bernard Assets Manager Andrew Gill Audience: Linda and Anthony Marotta Patricia and Tim Karl Greg Camarato All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Andrew Gill called the meeting to order at approximately 8:30 a.m. He conducted roll call; all Members of the Board were present, constituting a quorum. SECOND ORDER OF BUSINESS Notice of Advertisement Notice of Advertisement of Public Hearing THIRD ORDER OF BUSINESS Consideration of Minutes June 9, 2022—Regular Meeting Mr. Gill asked if there were any additions, corrections,or deletions to these Minutes. 11Page Wentworth Estates Community Development District July 14, 2022 Mr. Gasworth indicated he saw a problem in the Agenda, in the list of meetings. He noted January 14 was a Saturday(meetings were not held on Saturdays). Mr. Gill indicated this would be corrected. He asked if there were any problems with the Minutes; hearing none, he called for a motion. On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Robert Cody, and with all in favor,the June 9, 2022, Regular Meeting Minutes were approved. FOURTH ORDER OF BUSINESS PUBLIC HEARING Mr. Gill explained the public hearing process including public comment, Board discussion and vote. a. PUBLIC HEARING—FISCAL YEAR 2023 BUDGET I. Public Comment and Testimony Mr. Gill called for a motion to open the Public Hearing. On MOTION made by Mr. Joe Newcomb, seconded by Ms. Joanne Lekas,and with all in favor,the Public Hearing was opened. Mr. Ward: The budget we have before the Board today is for the period that begins October 1 and ends on September 30 of 2023. This assessment is not a new assessment. It's the same assessment that's on your tax bill every year. The amount is just changing in 2023 to$805.55. On your tax bills right now it's$726.11. That's the only change that you will see in the assessment. It covers the full operations and maintenance of the District including all of its admin expenses, the storm water management system, your landscaping program which is primarily the entranceway and Southwest Boulevard, and your road and street facilities which are primarily the entranceway stuff. That's a simple summary of what the budget is for you. This is a public hearing, if you do have questions, I will ask that you please put your name of record and come up and state your question. Mr. 3:59: Just to understand the billing. On my bill last year, I had$2,838.98 CDD expense. Was the assessment in there? Mr. Ward: It's included in that. Your assessment on your tax bill is in two parts. It's a capital assessment which is a fixed amount every year that's been on the bill since 2006. Of that amount, $726 dollars of it was this assessment. That number will increase to $805, so your number will go up $80 bucks. It's inside the one number. They only put one line on the tax bill. We don't have two lines. Mr. Gill asked if there were any additional questions; hearing none, he called for a motion. 2IPage 16 1 I Wentworth Estates Community Development District July 14, 2022 On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth, and with all in favor,the Public Hearing was closed. II. Board Comment Mr. Gill asked if there were any Board comments or questions;there were none. III. Consideration of Resolution 2022-7 adopting the annual appropriation and Budget for Fiscal Year 2023 Mr. Gill called for a motion for Resolution 2022-7 relating to the annual appropriations, adopting the Budget for the Fiscal Year beginning October 1, 2022 and ending September 30, 2023. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth, and with all in favor, Resolution 2022-7 was adopted, and the Chair was authorized to sign. b. FISCAL YEAR 2023 IMPOSING SPECIAL ASSESSMENTS; ADOPTING AN ASSESSMENT ROLL AND APPROVING THE GENERAL FUND SPECIAL ASSESSMENT METHODOLOGY Mr. Gill indicated this public hearing was related to the imposition of the special assessments for the general fund, certification of an assessment roll, and approval of the special assessment methodology for the District. I. Public Comment and Testimony Mr. Gill called for a motion to open the Public Hearing. On MOTION made by Ms. Joanne Lekas, seconded by Mr. Andrew Gasworth, and with all in favor,the Public Hearing was opened. Mr. Gill asked if there were any public comments or questions regarding imposition of assessments; hearing none, he called for a motion to close the public hearing. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Robert Cody, and with all in favor,the Public Hearing was closed. II. Board Comment Mr. Gill asked if there were any Board comments or questions;there were none. III. Consideration of Resolution 2022-8 imposing special assessments, adopting an assessment roll,and approving the general fund special assessment methodology Mr. Gill indicated Resolution 2022-8 imposed the assessments, adopted the assessment roll, and approved the General Fund Special Assessment methodology. He called for a motion. 3Is: g ... leIl Wentworth Estates Community Development District July 14, 2022 On MOTION made by Mr. Andrew Gasworth, seconded by Ms. Joanne Lekas, and with all in favor, Resolution 2022-8 was adopted, and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Consideration of Resolution 2022-9 Consideration of Resolution 2022-9, a resolution of the Board designating date,time, and location for Regular Meeting of the Board of Supervisor's for Fiscal Year 2023 Mr. Gill explained one of the dates was being modified in January; otherwise, the time and dates were the same as written. He indicated Meetings would be on the second Thursday of each month at 8:30 a.m. at Treviso Bay Clubhouse, 9800 Treviso Bay Boulevard, Naples, Florida 34113. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth, and with all in favor, Resolution 2022-9 was adopted, and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS Staff Reports I. District Attorney No report. II. District Engineer a) Stormwater Reporting Updates Mr. Gill: I worked with the District Engineer in filing a storm water reporting requirement which is new for this year and was due by June 30. It reports on the storm water management system in the District and provides projections for a 20 year period in five year increments. We filed that to the County by the deadline. III. Asset Manager a) Operations Report July 1,2022 Mr. Bruce Bernard: We started the work at the entranceway for our landscape and our lighting project. The landscape is removing the material we need to remove. Outdoor Services are getting ready to start trenching and putting in some new conduit for our lights before we put the new landscaping back in. Also, we are meeting another couple of vendors on our fountain pump station replacement. The first vendor who came out has not been very responsive, so / am looking to get another quote from another vendor. Right now, the east fountain is down for repairs. The floor in the pit is leaking pretty good, so we are getting that fixed. In a couple of weeks hopefully it will be back in service. MRI is out here on site cleaning catch basins for our yearly maintenance to make sure our catch basins stay clear of debris. This month we have twelve locations that we needed to 4IPae 16I I Wentworth Estates Community Development District July 14, 2022 get some brick pavers that have sunk or risen repaired. We have had those done by Outdoor Landscape Services. IV. District Manager b) Report on Reserve Study c) Financial Statements for period ending June 30,2022(unaudited) Mr. Ward: As you may recall we started a Reserve Study a number of months ago for this project. The purpose of the Reserve Study was to outline the value of the assets that we have here within the community and also what we should do if anything at all with respect to reserving funds on an annual basis for those assets. The Report has shown that we have roughly $9 million dollars in assets. Of the$9 million dollars, about half of it, $4.5 million dollars, is really the bridge itself out at the entranceway. Another major piece of it are the monuments out front;that's another million plus dollars of assets. The rest of the program encompasses your water management system, primarily the lake banks which are the major asset that we have a rather large capital program on. The estimate for funding this kind of a program is very high. It's over half a million dollars a year on what they call a pooled cashflow basis, which simply means that's the amount of money you would need on an average yearly basis in order to fund whatever capital is needed in that particular year. On a straight line basis, it's showing about a million and a half in reserve funding each year. When I took a look at this, the change in the assessments would be rather enormous in order to try to fund this kind of an operation, but what we have done traditionally in this project, and what I think we should continue to do is fund our capital requirements on a recurring basis over a five year period, like we have been doing, and try to keep our assessment levels relatively constant on a year to year basis. It will keep our levels down to what's reasonable for this community without funding a bridge which really doesn't need to be replaced for 30 years or monuments that won't need this kind of improvement on an ongoing basis. I think the remaining capital improvements, which as I mentioned are your lake bank restoration program and making sure those drainage pipes are clean, and what capital we do on the landscaping program out front, of things of that nature. Bruce does a great job keeping up on all of those programs within the context of your existing budget and we have a five year capital program within the constraints of our operating budget anyway that we use. I think the report was worth getting done. It told us what the outside parameters are if we decided to do this and you all will obviously be able to choose to do this as we move into 2024, but obviously we finished it for 2023, but I want to put this on the shelf at this point. That's my recommendation to you. Mr. Gasworth: So, you're saying we are going to keep reserves to fund repairs, not replacements. Mr. Ward: Yeah. I think the repairs on an ongoing basis are what we need to do, but we can kind of look at it going forward for 5 years to see what our levels will be, and then we update it the following year to see if we have any major changes to it, but I don't think we need to do this. A motion to adopt the report would be in order to put it in the record, but we will not implement it. On MOTION made by Mr. Andrew Gasworth, seconded by Ms. Joanne Lekas, and with all in favor, the Reserve Study was accepted for purposes of inclusion in the record. SIPage t6 ! t Wentworth Estates Community Development District July 14, 2022 SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr.Gill asked if there were any Supervisor's requests or questions from the Board;there were none. He asked if there were any audience members present in person or on audio or video with any comments or questions; there were none. EIGHTH ORDER OF BUSINESS Next Meeting Date August 11,2022 Mr.Gill announced the next meeting would be on August 11,2022. NINTH ORDER OF BUSINESS Adjournment Mr.Gill adjourned the meeting at approximately 8:50 a.m. On MOTION made by Mr. Robert Cody,seconded by Ms.Joanne Lekas, and with all in favor,the meeting was adjourned. Wentworth Estates Community Development District James P.Ward,Secretary Robert Cody,Vic hairperson 6 ' Page r 16I I NalittS. BaitH ArtUS PART Of THE USA TODAY NETWORK Published Daily Naples, FL 34110 WENTWORTH ESTATES CDD 2301 NE 37TH ST FT LAUDERDALE, FL 33308 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 6/19/2022;6/26/2022 Subscribed and sworn to before on June 26th,2022 otary, State of ounty rown My commissi pyres'15 a NANCY HEYRMAN PUBLICATION COST:$2,016.00 Notary Public AD NO:GC10899592 State of Wisconsin CUSTOMER NO: 530448 POD: PUBLIC NOTICE AD SIZE: DISPLAY AD WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT to l l NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2023 BUDGET;AND NOTICE OF PUBLIC HEARING TO CONSIDER THE IMPOSITION OF MAINTENANCE AND OPERATION SPECIAL ASSESSMENTS; ADOPTION OF AN ASSESSMENT ROLL,AND THE LEVY,COLLECTION,AND ENFORCEMENT OF THE SAME;AND NOTICE OF REGULAR BOARD OF SUPERVISORS'MEETING. The Board of Supervisors for the Wentworth Estates Community Development District will hold two public hearings and a regular meeting on Thursday,July 14,2022,at 8:30 a.m.at the Treviso Bay Clubhouse,9800 Treviso Bay Boulevard,Naples, Florida 34212.The meeting is being held for the necessary public purpose of considering such business as more fully identified in the meeting agenda,a copy of which will be posted on the District's website at www,Wentworthestatescdd.oro. The purpose of the first public hearing is to receive public comment and objections on:he Fiscal Year 2023 Proposed Budget. The first public hearing is being conducted pursuant to Chapter 190,Florida Statutes.The purpose of the second public heanng is to consider the imposition of special assessments to fund the District's proposed operation and maintenance budget for Fiscal Year 2023 upon the lands located within the District,a depiction of which lands is shown below,consider the adoption of an assessment roll,and to provide for the levy,collection,and enforcement of the assessments.The second public hearing is being conducted pursuant to Florida law including Chapters 190 and 197,Florida Statutes.At the conclusion of the public hearings, the Board will,by resolution,adopt the budget and levy assessments to fund the operation and maintenance budget as finally approved by the Board.A regular board meeting of the District will also be held where the Board may consider any other business that may properly come before it. A copy of the proposed budget,preliminary assessment roll.and the agenda for the hearings end meeting may be obtained at the offices of the District Manager,Phone(954)658-4900,during normal business hours seven(7)days in advance of the meeting. In addition,you may obtain a copy of the proposed budget immediately on the District's web site,www.Wentworthestatescdd.ora The special assessments are annually recurring assessments and are in addition to previously levied debt assessments. The table below presents the proposed schedule of operation and maintenance assessments for Fiscal Year 2023.Amounts are preliminary and subject to change at the hearing and in any future year.The amounts are subject to early payment discount as afforded by law. Note that the operations and maintenance assessments stated below do not include any debt service assessments previously levied by the District and due to be collected for Fiscal Year 2023. Proposed Schedule of Assessments Residential $805.55 Commercial $24,750.13 The tax collector will collect the assessments pursuant to the uniform method,The District may choose to collect the assessments for developer owned land not pursuant to the uniform method. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title.All affected property owners have the right to appear at the public hearings and the right to file written objections with the District within twenty(20)days of publication of this notice. The public hearings and meeting are open to the public and will be conducted in accordance with the provisions of Florida Law for Commun,ty Development Distncls.The public hearings and meeting may be continued to a date,time,and place to be specified on the record at the hearings or meeting. Airy person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at(954)658-4900 at least forty-eight(48)hours prior to the meeting.If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1,or 1-800-955-8771(TTY)/1 800-955-8770(Voice),for aid in contacting the District Manager's Office Each person who decides to appeal any decision made by the Board with respect to any matter considered al the public hearings or meeting is advised that person will need a record of proceedings and that accordingly,the person may need to ensure that a verbatim record of the proceedings is made,including the testimony and evidence upon which such appeal is to be based. Wentworth Estates Community Development District James P.Ward,District Manager Publication Dated: C6/19/2022 and 06/26/2022 �r u XI .e<a� +... a. d+c Ge-4ry • 3V 4 e,i leo'5.4 i:. a'a,0tm i1 \• 4 .t f w.rsmf 0 0.25 0.5 C \ e. .s& * •J •ts �. s +�+ Vo 'Pa'"++6 O. e' VM J'J\ 'S.eMn +aF'f b !cn 44 Wvi.1n a6\ y tin T '," ' pies �ae' 'ey cm,.... 4�F1rlor �°+ e g. 9 i\- °ire 9 '�he ■rm.In ���\ �(+,1Rty 0. 4�i »a�P}e`' \r T Chy, lili 4 ^W: Y a'' a� 61 s Wentworth Estates COD ..u,•. Coeer County.Florida m 0o After Roe, Dems seek probe I. t ` , of tech's use of personal data ` E. i ''' ,♦. •Marcy Gordon ASSOCIATED PRESS WASHINGTON-With the Supreme .'c *Lr- • .e A F •_ + M .•ay .t Court ending the constitutional protec ' -'t A' r dd ti r '0R `0 Uons for abortion,four Democratic law ♦ .:a�. E�'I i '' makers are asking federal regulators t .!` ,ri-; - „`Ti 1 •..r - - Investigate Apple and Google for ageg r:. '- y - Mir .t. t s ..,.•..,rr r _ is edly deceiving millions of mobile phone 1 CLINIC C 'r•%�w. NIGHTLY SPM-5PM - j users by enabling the collection and sal - ' PARKING DINNER & ,• of their personal data to third parties , +++F'fA I,t BRUNCH U NCH ' ' . The decision Friday by the court conservative majority to overturn Roev. i,..,-• E. a>, • SUNDAY',O&M-7PM • Wade is expected to lead to abortionClink escort Kim Gibson stands i• I�' ,p) ,-` RESERVAPONS bans in about half the states.Privacy ex- outside the Jackson wornan's Health '"!' 7:r,•r" .7aa-SP4-6375,'r. - ports say that could make women vul- Organisation clinic in Jackson,Miss., A. ,1,' f seeable because their personal data calling out to incoming patients that t`. .. } could be used to surveil pregnancies the clinic is still open,moments after °• - r �� --.� i and sharedwithpoliceorsold tovigilan- the U.S.Supreme Court ruling '�..rc}b • .5-. • ', tics.Online searches,period apes,fit- overturning Roe v.Wade was Issued ,NYJ`�e'-' ,, A '.�,. ness trackers and advice helptnes could on Friday.POGEuo V.sous/AP c - ,( ` become rich data sources for such sw- t f,A u/ P'.7.1; art vei a efforts 4� sal The The request far an investigation.f bile phone users'data generally.They y the two California-based tech giants accused the companies of engaging in .;a. ' +• came Friday in a letter to Federal Trade unfair and deceptive practices by en- NAPLESGRANDE.COM! COMPLIMENTARY VALET PARKING ' Commission Chair Line Khan.It was abling the collection and sale of him- signed by Democratic Sens.Ron Wyden dreds of millions of mobile phone users' . ---- _ _ .._ ,_n/._.- of Oregon,Elizabeth Warren of Massa- personal data. chusetts and CoryBooker of New Jersey, The companies'knowingly faclirat- .. I •and Rep.Sara Jacobs of California.It err the harmful practices by building lo- . was sent shortly before the Supreme cation identifiers used for advertising Court announced its decision overturn- into their mobile phone operating Sys- , 'i _.- r. . 1.1 iJ i i'. (` ing the 1973 precedent and noted that terns,the lawmakers said.FTC spokes l/ttps:��trww.naplesnerrs.wm/coneesW `the court was likely redo no man Peter Kaplan confumed that the ' "Individuals seeking abortions and agency had received the letter but said Proud Member.' - other reproductive healthcare will be- there would be no comment on it. come particularly vulnerable to privacy Apple and Google didn't immediately harms,including through the collection respond to requests for comment. 1-Tome Gill�elT ,•, Micnn•LUa. t ,, and sharing of their location data,"the The lawmakers'letter noted that Ap- Famil Owned ffi O aced `,:,..„\-,.','p,su -lawmakers said In the tenet."Data boo- pie and Google now allow consumers to Y pe1 ,•„wf'.r kers are already selling,licensing and opt out of the data tracking.However,it Serving SW Florida fOrover 36years slaying the location information ofpeo- said that until recently,Apple enabled Huge Selection of Interior and Landscape/lusts •- 9 . a -, ple that wit abortion providers to any the tracking identifier by default and re- • ) one with a credit card" quired consumers to dig through con- They ,: They said precutors in states fusing phone settings to turn it off. - where abortion becomes illegal could gle still enables it by default,and until ' • _ soon be able to obtain warrants for loon- recently did not even provide consum• • -' f . ton information about anyone who has era with an opt-out,the letter said. 0 9'{7 9676 visited an abortion provider. Last month, Wyden, Warren and 'r - + m6jt Muth end a,} "Private actors will also be incentiv- Booker,along with Sens.Edward Mar- y�„q. f' iced by state bounty laws to hunt down key,D-Mass.,and Bernie Sanders,1-Vt., - n! '.9- women who have obtained or are seek- urged the CEOs of Google and Apple to VOTE ing an abortion by accessing location in prohibit apps on the Grogle Play Store .** # A formation through shady data brokers." and the Apple Apia Store from using da- thelawmakerawrote. ta-mining icesthat could facilitate DRI FTWOOD L FOR US! Theyasked Khan for an investigation the targeting of individuals seeking `,.-�[.�',S of Apple and Cootie's practices in mo- abortion services. .1 a I' F. .• l' s .. i i+ a ' n•mq•Phi•Lad.spin,.Mi„C.ek.:a•Po./ ' if WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT ,MO NOTICE OF �. 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Present and constituting a quorum: Joe Newcomb Chairperson Robert Cody Vice Chairperson Steve Barger Assistant Secretary Joanne Lekas Assistant Secretary Andrew Gasworth Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Attorney Bruce Bernard Assets Manager Tony Grau Grau and Associates Andrew Gill Mike Conner Audience: Scott Bertrand Treviso Bay Master Association Ed Callahan Treviso Bay Golf Association Joe Lawson All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. PORTIONS OF THIS MEETING WERE CONDUCTED OUT OF ORDER OF THE AGENDA AT THE DIRECTION OF THE DISTRICT MANAGER AND THE AGREEMENT OF THE BOARD. THE MEETING WAS TRANSCRIBED IN THE ORDER OF THE AGENDA. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:30 a.m. He conducted roll call; all Members of the Board were present, constituting a quorum. 1 I P ;.; 161 f Wentworth Estates Community Development District January 13, 2022 SECOND ORDER OF BUSINESS Consideration of Minutes August 12,2021—Regular Meeting Mr. Ward stated the second order of business was consideration of the Minutes. He asked if there were any additions, corrections,or deletions to these Minutes; hearing none, he called for a motion. On MOTION made by Mr. Andrew Gasworth, seconded by Ms. Joanne Lekas, and with all in favor, the August 12, 2021, Regular Meeting Minutes were approved as corrected. THIRD ORDER OF BUSINESS Consideration of Resolution 2022-1 Consideration of Resolution 2022-1, a resolution of the Board of Supervisors of Wentworth Estates Community Development District supplementing Resolution No. 2018-3 (as may have been previously modified and supplemented), which resolution previously equalized, approved, confirmed, imposed, and levied Special Assessments on and peculiar to property specially benefited(apportioned fairly and reasonably) by the District's projects: (i) approving and adopting Wentworth Estates Community Development District Summary of Bond Refunding report dated August 30, 2021; (ii) Adopting and confirming an Assessment Roll; (iii) ratifying the actions of the Chairman and Staff related to the District's Special Assessment Refunding Bonds, Series 2021; and (iv) providing for the recording of a Notice of Series 2021 Special Assessments Mr. Ward: Essentially, if you recall, in August of last year, we refinanced your prior series of bonds to achieve lower interest rates. They were done in August in order to ensure we were able to get those lower assessment rates on the tax bills that all residents received in November. That was accomplished and there was significant savings as a result of those bonds. What this resolution does is simply equalize and approve the final assessment levels, both the par debt on all outstanding lots and what we call maximum annual debt service, which is the amount that all residents pay on their tax bills on a yearly basis for the capital portion of the assessment that we have in place. Attached to the resolution is primarily my report that outlined the restructuring of the bonds themselves and the par debt on all of the lots that are here within Treviso Bay. Mr. Greg Urbancic: That was a good summary. It's just a long history of how we got to this point and the primary purpose is to adopt this summary report regarding what the assessment levels would be. Mr. Ward asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Andrew Gasworth, and with all in favor, Resolution 2022-1 was adopted, and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Consideration of Resolution 2022-2 Wage 161 1 Wentworth Estates Community Development District January 13, 2022 Consideration of Resolution 2022-2, a resolution of the Board amending the Fiscal Year 2022 Budget which began on October 1,2021,and ends on September 30,2022 Mr. Ward: This is a companion item to Item 3. What we are doing is amending the Budget that we adopted prior to the issuance of the bonds last year to now coincide with what we are doing on the new bond issue, and you actually will be able to see on Page 1, at the bottom, the new assessment rates for what we call the debt service fund, but which is your capital assessment for Treviso Bay. He asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Steve Barger, seconded by Mr. Andrew Gasworth, and with all in favor, Resolution 2022-2 was adopted, and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Consideration of Audited Financial Statements Consideration of the Audited Financial Statements for Fiscal Year 2021, which ended September 30, 2021 Mr. Ward: These audited financial statements were prepared by Grau and Associates and covered the period from October 1, 2020 through September 30, 2021. He explained no representative from Grau and Associates was present;therefore,this Item would be deferred until the next meeting. Following discussion of the landscaping enhancements, Mr. Ward indicated Mr. Grau called into the meeting and this Item could now be discussed. Mr. Tony Grau with Grau and Associates reviewed the Audited Financial Statements for the Fiscal Year ended September 30, 2021. He reported the audit opinion was on page 1 and 2 and reflected a clean opinion with respect to the financial statements and disclosures of the CDD. He indicated there was a new item in the audit report, Additional Information, which was required by the Auditor General. He stated the management discussion and analysis was a recap of the financial activity during the Fiscal Year. He indicated page 4 showed a condensed statement of net position with comparative numbers between 2021 and 2020 which was fairly consistent. He noted page 5 was the income statement (changes in net position) with comparative numbers to 2020; investments went up, and as the bonds were refunded there were bond issue costs which would not reoccur. He reported the financial statements were next and included the statement of net position. He stated following this was the statement of activities which was the income statement for the government wide financial statements. He reported after that was the funds' financial statements (general, debt service, and capital project funds). He stated the income statement was on page 11 and showed the assessments, expenditures, and debt service. He stated page 13 began the footnotes to the financial statements which were consistent with the prior year. He indicated on page 19 were the capital assets which showed appreciation during the year. He stated Note 6, on page 20, had all the information about the bonds: the 2018 bonds were refunded in 2021; long term debt activity reflected the 2018 bonds being eliminated and the addition of the new 2021 bonds. He reported next was the budget to actual statement on page 22,then on page 24 was the new information required by Florida Statute. He stated the remainder of the report contained the various reports required under government auditing Wage t6I1 Wentworth Estates Community Development District January 13, 2022 standards and by the Auditor General. He noted there were no findings and only clean opinions. He asked if there were any questions. Mr. Newcomb: On page 29, number 5, it says the District has not met one or more of the financial emergency conditions described in section... Mr. Ward: That's a double negative. Those are the words that they are required to use. It just means we did good. We didn't do anything that would put the District in a state of financial emergency. It's the stupidest sentence I've ever read in my entire career, but it's the required words pursuant to the statute. Mr. Grau: Yeah, if there was a problem it wouldn't be worded this way. Basically, if there was a financial emergency, for example if you don't pay your bonds, or you don't pay your vendors within a certain time period. That's what that is referring to. Mr. Newcomb: On the statement of revenues, page 11, it shows a net change in fund balance for the general fund of roughly$180,000 dollars. Does that mean that we ended up with$180,000 dollars more in cash than we started with? Mr. Ward: Yes. Mr.Ward asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Steve Barger, seconded by Mr. Andrew Gasworth, and with all in favor, the Audited Financial Statements for the Fiscal Year ended September 30,2021,were accepted for purposes of inclusion in the record. SIXTH ORDER OF BUSINESS Consideration of Landscaping Enhancements Consideration of the landscaping enhancements and electrical lighting improvements to the District by Calvin,Giordano,and Associates, Inc. Following discussion of the Asset Manager's Staff Report, Mr. Conner called in, so this Item could now be discussed. Mr. Bernard: As you know, we have a project we want to look at in the preserve south of Via Veneto. The pictures show some of the back areas that are behind Via Veneto where for some reason over time the preserve trees died and were never replaced. These people put together a plan which is on the right side, to replant slash pines and cabbage palms in that area. There are like 3 or 4 homes back there that would fill that preserve back in and make it a preserve, not just an area with sand. That was one of our first proposals. Mr. Newcomb: I went and looked at it and they are definitely bare back there. I guess my big concern is, is that really a dedicated turtle preserve? There are a lot of gopher tortoises back there. 4IPage 1611 Wentworth Estates Community Development District January 13, 2022 Mr. Ward: In Florida, the way the state law currently works, to the extent they are there, they are automatically preserved as a result of the law. If you want to relocate them, you literally have to relocate them somewhere else, provide another location where they can survive. So, if it's in the community, then it is kind of just there. Mr. Newcomb: But the thinking is this would not disturb any nests or whatever? Mr. Conner: Of course not. It is more just areas that are kind of barren. They don't have as much vegetation as some of the other areas. And being close to some of the homes, trying to fill it in with more of the same natural plants, native Florida plants, such as the slash pine and cabbage palms that are already there. In addition, some of the shrub material would be fakahatchee grass and pink muhly grass which again are native grasses that are already there. It's just filling in and putting more in there, so that it looks more complete, and it doesn't look as patchy. Mr. Newcomb: Just for information, the only people who are going to see this is the 6 or 7 houses that are right there. Unless, I'm assuming, it's legal to walk back in that preserve. Is that correct? Discussion ensued regarding whether it was legal to walk in this preserve area. Mr. Conner: There is part of the area if you look at the plan to the far left side, there is kind of a walkway that goes through the community. Those areas to the left are more visible to the public. The ones to the right are more behind people's houses. Most of the other areas are pretty full looking, so these are the areas we thought, again the bare areas, it looked like it was lacking. Ms. Lekas: Is this the area that abuts the land that just got sold? Mr. Newcomb: No. Mr. Bernard: This is the first project we are looking at. The second is the landscaping at the main entrance. Mr. Newcomb: What's the cost estimate for that project? Mr. Bernard: We got quotes on that in April in last year's budget. The price that came in was about $20,000 dollars. The next project, at the front entrance, we are looking to do landscaping. Mr. Conner: This project is kind of in conjunction with the upgrades to the landscape lighting at the entrance way too. I don't know if we want to talk about that now. But one of the things Bruce had mentioned to me in looking at the entrance way was the fact that a lot of the landscape up lights were either damaged or not working or in disrepair. We are looking at doing that, and also, at the same time, there was concern at the way that one particular plant, dwarf lobelia, which has a purple flower and a spiky plant, is kind of hard to maintain. It gets leggy. It doesn't really look good, so he asked me to look at a replacement for that particular plant in the entryway area. As a result of that, there were whole plants that I noticed were not performing very well, so we wanted to enhance the planting with more colorful plants to give you more punch of color as you come into the entry and drive up to the gate. The other aspect was to replace a couple of the royal palms that are very obviously missing. There are gaps in the plantings of royal palms behind the signs and the fountains. The second part of it is, with the new additional landscape lighting that goes forward on either side of the entrance along US 41, we are Wage t611 Wentworth Estates Community Development District January 13, 2022 putting a lot of the new up lights in front of the plantings shining back at the trees, so those fixtures would be visible, and this is a way of adding a little bit of ground cover in front of that fixture to conceal the fixture and you don't really notice it but at night. There will be a lot more landscape lit up on either side of the main entryway where all of the lighting is now currently. He discussed the plants which would be used in the landscaping which were hardy,easy to maintain plants. Mr. Bernard: One thing about the royal palms. These are the royal palms behind the walls of the fountains that were removed after the hurricane and never replaced. There are three on the east side and one on the west side. We are just putting them back right in the same place where the old ones were. Discussion ensued regarding the palms, and the dwarf lobelia (Mexican petunia) being considered invasive in some areas. Mr. Newcomb: On some of your up lighting, are you using the inground ones? I have used these in the past and have not had good success with them. They ended up leaking and once they get water— Mr. Conner: The reason we suggested using those fixtures is, going around the curve you have the paver walkway areas on both sides and there are raised planters, so those fixtures are the only ones that we are suggesting to be inground fixtures because they are already raised up 18 or 24 inches, so they are more at your eye level and you notice them more, and you are not going to have the ability to have plants hiding the fixture itself. Whereas for the ones in the other areas on the ground,just regular up lights in the landscaping will work fine. That was our reason for suggesting— Mr. Newcomb: Do you think they will last as long as the ones mounted above ground? Mr. Conner: As long as the fixture has an IP rating of 66 or better, they should be more watertight. Again, it's raised up in a raised planter, so there's not quite as much moisture getting into them as it would be. I think it will be fine. The manufacturing of light fixtures continues to get better and better in terms of the water proofing, so compared to 10 or 15 years ago, the technology and the seal on them has gotten much better. Mr. Newcomb: How long do you expect them to last? Mr. Conner: I would expect them to last another 10 to 15 years. Typically, the manufacturer warranty on landscape lighting like this is a minimum of 5 years but I would think that they would last a lot longer. Discussion ensued regarding the life expectancy of landscape up lighting, the up lighting being low cost LED, the existing lights being HID, and no new wiring needing to be run for replacement of existing lights. Mr. Conner reviewed the cost estimates:$94,500 for lighting, $21,000 for landscaping. Mr. Ward: I think the intent is, we are going to have to do this in phases. I think they can do some of the landscaping in the current year's budget. I will just do an amendment and we can cover that. The electrical fixtures and lighting are going to have to fall into the 2023 budget. That will most likely impact your assessment rates at that point. We will see what that does when we get there. So, if you guys are okay with it, I will go ahead and do a budget amendment for the landscaping portions of it. We will do it 6IPage 16II Wentworth Estates Community Development District January 13, 2022 in the current year. And I will ferret out all the rest of the financing pieces of that over the coming months. Ms. Lekas: So, the landscaping for the main entrance and the preserve area? Mr. Ward: It's up to you. I heard some concern about doing the preserves, so it's up to you whether you want to do that. Obviously, Bruce put it in here because we are recommending it, but it's up to you. Clearly, the entrance has to be done. Let's do the main entrance to start with. Let me delve into the preserve area a little more because there are some questions that I'm not sure I know the answer to that I'd like to. Let me do that. We will do the landscaping on the entrance. We will hold on the preserves, and then we will budget for the electrical work in the 2023 budget. We will probably start the design now on the electrical piece of it, and then we can fund the installation part of it next year. Seem reasonable? The Board agreed. Ms. Lekas: Are there any estimates of what we would actually save in electricity? Mr. Ward: I think that number is 0 or less. There are lights that currently are not working at all. SEVENTH ORDER OF BUSINESS Staff Reports I. District Attorney Mr. Urbancic: The legislative session just kicked off. There are a couple of bills that could affect us. We will take a look as we go. The two most prominent that I've seen would be one that would change the limited waiver of sovereign immunity for CDDs. Currently it's $200,000/$300,000 individual and per current and the aggregate, and so the bill proposal is to take it up to a level of$1 million dollars. We will see if that passes. It has been tried several times before and has failed, so we will see if it actually comes through. There is also one that allows us to conduct meetings when there is a state of emergency. I think it is broad enough to cover various types of emergencies which we could experience. We will see if that passes as well. I think there might be some momentum for that one. I'll update you at subsequent meetings as that comes through, and then we will talk about the storm water needs later. II. Asset Manager a) Operations Report July 2021 b) Operations Report August 2021 c) Operations Report October 2021 d) Operations Report November 2021 e) Operations Report December 2021 f) Water Quality Report June 2021 g) Water Quality Report July-September 2021 h) Water Quality Report October-December 2021 Mr. Bernard: In the last few months since we had a meeting, we have replaced the fountain in Lake 9 behind the pool clubhouse area. The motor had burnt out, so we had that replaced. We started the lake bank restoration program for this year. We are right now on Lake 21, and we will be going from 7IPage 161 Wentworth Estates Community Development District January 13, 2022 there up front to do four lakes. This year we will be doing 5 lakes in our lake bank restoration program. We are looking to be done by the end of April before the rainy season. Mr. Barger: We aren't doing every bit of the bank,just sections? Mr. Bernard: We walked the lake banks to see where the drop-offs came. If the slopes were fine, we didn't do those areas. We are doing about 4,400 linear feet this time. Some of them get totally done, like the little lake next to the fountain, on the roundabout. That we'll do completely, and the one just to the north of that gets like 80% of it done. The lake you live on gets 880 feet done. The next lake over, Lake 5, gets another 900 feet. We also had Coastline Tree Service come in last month and cut the trees up front at the main entrance and also trim all the royal palms on Southwest Blvd. Mr. Barger:I'd like to add something on a personal basis. If you have trees that need trimming, they are a great company to work with. Mr. Ward: As you remember, we entered into an agreement with FGCU a little more than a year ago to test the buoys in the lakes. At the end of the day, I read all of these reports and it seems like they work on one kind of particular algae, not another one. The lakes they have been most useful in are the front lakes where there is probably the least amount of fertilizers going into the lake systems. The buoys along the golf course, because of the amount of fertilizers, they seem to be less effective in those lakes. If you look at the cost of the program, in terms of this community itself,for us to treat them on a chemical basis versus this, they are probably $8,000 dollars a year more to use them instead of using the chemical program. Normally in a district of this size $8,000 dollars is not a particularly huge number. It works out to be$7 per unit per year. The good part about them from what I can tell is that they do reduce the amount of chemicals which has been something that I have heard about for a number of years in this community of not using the particular chemical glyphosate in this community that is in roundup and obviously in the chemicals that we use in the water management system also. We can't go away from the use of chemicals; we have to use them. All this does is really reduce by a very small percentage the amount of chemicals we put in the entire water management system. The downside of them is they are big, and they look like ski slopes to me. I know some residents have said to us they don't really care about the looks. Some have said yeah, they are really hideous, can you make them go away tomorrow kind of thing. If you want to enter into this kind of thing on a going forward basis, we can do that. I don't have a strong opinion one way or another on what we do with the buoy program. It does help some with the chemical use, but it is really your call. Mr. Bernard: As Jim said, it works out front. It doesn't totally remove the microalgae, but it does a pretty good job of containing it. The lakes in the back around the golf course, the one on 33, and right there at 42 around the peninsula, it might lessen it a little bit, but it really doesn't work that well. Mr. Barger: You are our lake expert. What do you think? Mr. Bernard: I'm not an expert. Like Jim said, if you want to go green, it's a greener way of going so you aren't using as many chemicals, or if the aesthetics aren't right then we can take them out and spend$8,000 dollars less. Mr. Barger: It would not eliminate glyphosate if we kept them. 8IPage !� Ii Wentworth Estates Community Development District January 13, 2022 Mr. Bernard: There is hardly anything out there that's going to eliminate that, because that's a water chemical for algae. There are not that many out there. We have looked for years to try to find other chemicals that would work, and there is really nothing out there cost wise that would do what we need done. It's the same thing in other CDDs. We are all basically using the same chemicals. Mr. Barger: My biggest concern is the aesthetics. They are hideous. Mr. Gasworth: Can that be changed? Are we stuck with the white? Are we stuck with those blue buoys sitting next to them? Mr. Bernard: We haven't talked with the manufacturer. What we are looking at right now is just keeping what we have here. On down the line if there is something else, we can talk with them, if we don't like how these look and you want to remove these and see if there is another form you can put them in that makes it more aesthetically pleasing, we can look at that. But right now, what was proposed by the vendor was to leave these in place and it would cost us$15,000 dollars per year to have them monitor them. Mr. Barger: Would it be possible to let the public comment on this? Mr. Ward: Yes, as soon as you finish your discussion, we will open it up to public comment. Ms. Lekas: Is it all or nothing? It sounds like it is useless on the back lakes here by the golf course. Mr. Ward: They are less effective. From what I can tell they are probably 50% less expensive when you look at all these reports within the golf course itself. I don't know if it is all or nothing. I asked Bruce to determine what it would take to keep the program going. The only big issue to me is whether or not you really want to begin to reduce the chemical use in Treviso Bay. This is a way to do that. If you decide that is an important feature, then keeping them is a good idea. If you decide that is not an important feature, then we don't need to keep them. As I said to begin with, I don't see a substantive difference in the chemical use by keeping them in place. We would use a little bit less, but not so much that I would go, yeah, we have to keep these because we see a significant reduction in chemical use and in the use of glyphosate. Glyphosate has been the subject of too many lawsuits, but they are primarily related to the Roundup issue, not necessarily the concentration levels we use in the chemicals in this system. It's just something to think about. I see no overriding concern either way with what you decide. He asked if there were any other questions or comments from the Board; hearing none, he opened the floor for public comments. Mr. Scott Bertrand(ph): I am the General Manager of Treviso Bay Master Association, as well as the Treviso Bay Golf Club. Our concern is the aesthetics. We have received nothing but negative comments about it. I got a comment recently from someone who moved into a $3 million dollar home at Peninsula complaining their view of the lake, about the aesthetics. I think there are probably lots of homes with views of these. When we hear that the results are not illuminating, I have to ask is it really worth it. If we are not getting enough bang out of our dollar, then is there a better way to do it. Certainly, if there were a way to make them more attractive, but other than sinking them under the water, I don't know how you are going to make them more attractive. He further discussed the poor aesthetics of the buoys and indicated he wished to see them removed. 91Page � 6I1 Wentworth Estates Community Development District January 13, 2022 Mr. Ed Callahan (ph): I am President of the Treviso Bay Golf Association and I echo Scott's comments. I would like to say from the golf course perspective, as part of our vision and strategic plan, one of our visions is to provide our members with a premier TPC golf experience in a pristine natural environment. To that end we have done that much to the dismay of some members. We don't have ball washers on every hole. We don't have big signs. From an aesthetic standpoint it has been a huge issue for us. We've had nothing but complaints. We've had nothing to defend it, so I appreciate your comments this morning. He further discussed the poor aesthetics of the buoys and indicated he wished to see them removed. Discussion ensued regarding the poor aesthetics of the buoys, the buoys not being as effective as hoped, terminating the buoy program, and the possibility of revisiting this in the future as technology improved. Mr. Ward explained the buoys could be revisited in the future as technology improved; however, the Board should be aware the buoys were expensive to purchase ($50,000 dollars each). When you look at it that way, if they go, the probability of us ever putting them back in is very slim just because the capital cost is huge. I think if they go, they are gone. We can revisit it, but I don't think you're going to want to spend that kind of money. Mr. Bernard: The only way I think we should revisit this is, if they improved the technology and wanted to do another test program, we could do the same thing to see if we get better results down the road. To me, you need smaller units and a different layout. You can't have them protruding out of the water like they do now. Mr. Ward: Okay, I think I got a sense of the Board. We are taking them out. Okay. The program ended, so all I have to do is authorize them to go away. I will go ahead and do that. There is no motion required. III. District Engineer No report. IV. District Manager a) State Law Requirements for Stormwater Reporting b) Closing Memo and Summary of Bond Refinancing c) Financial Statements for period ending August 31,2021(unaudited) d) Financial Statements for period ending September 30,2021(unaudited) e) Financial Statements for period ending October 31,2021(unaudited) f) Financial Statements for period ending November 30,2021(unaudited) g) Financial Statements for period ending December 31,2021(unaudited) Mr. Ward: At the last legislative session, the state amended a particular law that required districts to do long term storm water analysis planning. Essentially the law requires us to report, by June 30, 2022, the long-term capital restoration costs of your drainage system, the long term operating costs for that system, and then also to provide that on an ongoing basis every five years. The first report, as I said, is due June 30 of this year. I have already authorized Calvin Giordano to go ahead and prepare that in the next couple of months for us. Just as a matter of reference, this came out of 10IPage 16I 1 Wentworth Estates Community Development District January 13, 2022 nowhere out of the last legislative session, so every special district in the state is going through this process of trying to figure out what it is that we are even doing. The state did prepare some forms after the law was enacted to tell us at least initially what we are going to be doing. I believe that is in your package also. This is a new legal reporting requirement that we have to meet. It will impact our budget on a yearly basis. Obviously, this year it will impact it a little bit also. Mr. Urbancic: It is a five year requirement. The state promulgated that form to hopefully make it more uniform, but there is just so much uncertainty out there with how this whole thing is going to get reported and what they are going to use the information for, but it's just another layer of reporting that we have to do and there is no choice. Mr. Barger: There was a $9,000 dollar expense in November. It says for a reserve study report. Is that what this is related to? Mr. Ward: No, that is a whole other item we started, but I will go into that at another time. The only other item I have for you, I did put in your agenda package a summary of the bond financing, and I wanted to make sure we had it on the record. For our 2018 bonds we had par outstanding at$24.19 million. We lowered the par debt down to$22.485 million. Our interest rates now range from 1.06% to 2.5%. In the old issue they ranged from 2.2% to a little over 4%. So, we had a pretty significant reduction in interest rate, obviously a reduction in our par debt, and we were able to liquidate our reserve account(the account in place that sits in cash in the event there is a default on the bonds and triggers a state of financial emergency). We were able to liquidate that and use that towards the refunding. So, that basically is a summary of your bond issue. As I said, your assessment rates were significantly reduced going into the 2022 year. Mr. Gasworth: The sales center office. They owed us some money in unpaid assessments. Did we ever get that? Mr. Ward: Their assessments by the District are on the tax bill which were paid. So, we are good to go with those guys. Mr. Gasworth: So, those lawsuits or whatever the issues they had, that's all resolved? Mr. Ward: I never use the word resolved with lawyers, so I'm going to say it's kind of dead in the water at the moment. EIGHTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests or questions from the Board; there were none. He asked if there were any audience members with comments or questions. Mr. Joe Lawson (ph): I'm just curious on how long, what the expected life is, of the embankment program—is this something that gets done and it should take care of it? Is it just a continual program? Mr. Ward: In districts, cities, counties, whatever they may be, it is generally an ongoing program on a yearly basis. The lakes degrade over time as a natural course in Florida with storms and regular wave action, so they do have to be restored. It's generally an ongoing thing on a regular basis. 11IPage i6r1 Wentworth Estates Community Development District January 13, 2022 Mr. Lawson: Can a designated preserve within the CDD be changed to anything but a preserve? Is it going to be a preserve forever? Mr. Ward: It's going to be a preserve forever. The law allows you, and the regulatory requirements allow you, to go through a laborious process, depending on the kind of preserve it is, to change it in whatever you want to do to it. That's how developers build these kinds of communities because they move preserves around. They change them. Those kinds of things. For a community such as yours, the idea of trying to change your preserve, or go through that laborious expensive process, is probably never going to happen. They will stay as they are forever. Mr. Bertrand: Just on the list of the lakes, could we get a list of the lakes that are going to get—Is there a communication plan that we could get to the community? How could the Master Association help you get that notice out? We get asked a lot about when you start those types of projects, where they are going to be. We have a database that has everybody's information, so if you want to write something we would be happy to send it out on your behalf, out of our system, and then 1,432 people will get it. Mr. Ward: We will take a look at it. Mr. Bertrand: We have been requested— we hear this on the Master site quite often: What is the CDD and what do they do? We were wondering maybe if you'd want to come either to a meeting with us and provide something, or what I would recommend,just a little one sheet "CDD for dummies"and put what the CDD oversees and does, that we could share. Mr. Ward: You can direct residents to the District's website. It does have a pretty good writeup on that information. You can certainly provide a link on your website to ours so that they would have all of that information. I am more than happy to come to your Board Meetings and give a spiel on CDDs in general and Wentworth in specificity if that will help. We are going to try to do a little better this year in terms of putting our programs on the website. I'm in the middle of updating that entire website. Mr. Bertrand: (Indecipherable) Getting ready for next year, we are working with a vendor, getting a number, so if you want us to do it all in one, give you a number, -- Mr. Ward: We will take on the responsibility of designing it or have somebody design it and cost it out, and then I will put it in the District's budget, and this Board will determine over the summer whether or not we will do that. Probably May or June we will take a look at that for you. Mr. Bertrand: I would just recommend when you do your lighting project you put in as many outlets for that as you can. NINTH ORDER OF BUSINESS Next Meeting Date February 10, 2022 TENTH ORDER OF BUSINESS Adjournment 12IPage Wentworth Estates Community Development District January 13,2022 Mr.Ward adjourned the meeting at 9:30 a.m. I On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Steve Barger,and with all in favor,the meeting was adjourned. Wentworth Estates Communit •pment District #, (14 46/ 411111111,:-..._ OSP James .Ward,Secretary comb,Chairman 13IPage 16I1 '4" MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday, February 10, 2022, at 8:30 a.m., at the Treviso Bay Clubhouse,9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairperson Robert Cody Vice Chairperson Steve Barger Assistant Secretary Joanne Lekas Assistant Secretary Andrew Gasworth Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Attorney Bruce Bernard Assets Manager Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:30 a.m. He conducted roll call; all Members of the Board were present, constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Minutes January 13,2022—Regular Meeting Mr. Ward stated the second order of business was consideration of the Minutes. He noted there were a number of redline items (name changes) provided to the Board which would be corrected in the minutes. He asked if there were any other additions, corrections, or deletions to these Minutes; hearing none, he called for a motion. On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Steve Barger, and with all in favor, the January 13, 2022, Regular Meeting Minutes were approved as corrected. 1I 16I 1 Wentworth Estates Community Development District February 10, 2022 THIRD ORDER OF BUSINESS Consideration of Resolution 2022-3 Consideration of Resolution 2022-3, a Resolution of the Wentworth Estates Community Development District amending the Fiscal Year 2022 budget which began on October 1, 2021 and ending on September 30, 2022 Mr. Ward: The primary purpose of the meeting today was to do a Budget Amendment for the capital items we had talked about at the last Board Meeting relative to your entranceway. The exhibit to the Resolution, the items marked in green were what we are taking out, and the items marked in blue are the additions to the budget for the current year. 1 think the important thing to note in here beyond the moving of the line items, is that$50,800 dollars of the cost of the program is coming from your storm events unforeseen capital reserve number. In the current budget we had $82,280 budgeted, we are reducing it by$50,800 dollars in the current year in order to fund this expenditure during the year. The rest of it is just some minor line item changes. Mr. Gasworth: So, if there is a bad storm, we could run short? Do you think we still have enough? Mr. Ward: I can't remember exactly when we established this, but I think within the last year or so. It is designed to just add cash to your fund balance in case we have an unexpected event, some capital items we need to do during the year, a storm event that may come up, that kind of thing. Mr. Barger: Jim, you've moved the money around here specifically for the landscape lighting project and for the landscape improvement project, but we haven't really approved those yet specifically, have we? We will get dollar quotes. Mr. Ward: You are talking about the installation work? Mr. Barger: Yes. Mr. Ward: Yes. Bruce goes through and gets vendor quotes for all of the work and then we issue purchase orders. Mr. Barger: Will that come back before the Board? Mr. Ward: Generally, it does not come back before you. Mr. Barger: So, I guess there was a little bit of concern about the preserve improvements. 1 see you've got that in here. Do we want to talk about that more? Is everybody good with that? Mr. Newcomb: I thought at the last meeting we agreed that we weren't going to do anything with the preserves. Mr. Bernard: We only talked about the entrance. Mr. Ward: If you don't want to do the preserves, that's easy. We just take that out and add the money back to the storm water reserve. Mr. Newcomb: We were going to let the preserves sit and not touch them I thought. Wage 16t1 Wentworth Estates Community Development District February 10,2022 Mr. Barger: In line with that, there is a fence which identifies the property line there. In some cases, it is in bad repair. I'm wondering if we own that. Mr. Ward: The fence was well before my time. I am assuming it was a developer install. Whose land it sits on, I don't know. It may be HOA, or it may be CDD. Mr. Bernard: I brought it up to Will. Will said he was going to look into and see if he can find out any information on that fencing. Mr. Barger: Would you have to do a survey to see whose land it sits on? It's behind single family home and HOA property. Mostly, single family home. It's in disrepair in some areas. It's only a 4 foot high fence and in some areas it's 2.5 feet high. Mr. Bernard: The only indication it was put up by the builder is the fencing is on their side of the top rail, not back towards the CDD's side. If the CDD had put it in, they would have the fencing toward their property. Mr. Barger: I'm just thinking that's something that ought to be clarified because there will come a time when someone is going to say, "The fence behind my yard is bad, who is going to fix it?" Mr. Ward: From the District's perspective, if it isn't on property, since it's been there for so long, it ends up being ours. The question is whether we will fix it. It's whether you want to take it out and get rid of it,since it does sit up against the preserve. I have no clue why it was even put in. Mr. Bernard: To keep the turtles in. It's a turtle preserve. Mr. Ward: The question will become, at some point, do you want to fix it or take it out. I'm not used to seeing fencing around turtle preserves. We'll just see if we can figure out quickly whether it's on our property or not. I'll get somebody in CGA to figure it out for me and we'll go from there. If it's in disrepair we might as well take it out. It doesn't seem to me to be a big issue, unless you all have some desire to keep it. Mr. Barger: I think you'll find it's a big issue to the people. I think they want it. Discussion ensued regarding whether the residents wished to keep the fence; deer in the preserve area; the fencing keeping the deer in the preserve area;and the developer installing the fencing. Mr. Ward: Okay, so no preserves, and we will figure out the fence at another date. He asked if there were any additional questions; hearing none, he called for a motion. On MOTION made by Mr. Joe Newcomb, seconded by Mr. Robert Cody, and with all in favor, Resolution 2022-3 was adopted, and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Staff Reports 3IPage 16 1 1 " Wentworth Estates Community Development District February 10, 2022 I. District Attorney Mr. Urbancic: The Legislative Session is going and there are two we are just continuing to watch, one that would allow virtual meetings in an event of a declaration of a state of emergency. That would be a drastic change to our Sunshine Law and you can envision us using that maybe in a hurricane if we needed to hold a meeting and had some challenges and there was a declaration of a state of emergency. Hopefully, that one will pass because I think that's such a good idea, at least for when we are in that state. There is also one that would change—as a local governmental entity we have sovereign immunity, but there is a limited waiver by the government. Currently,for tort actions that would be against us, the limit is$200,000 per individual, and$300,000 in the aggregate. This bill would take it up to $1 million and then index defer inflation on every year. They made a run at this to try to increase it for the last several years and it has not been approved. I don't know whether this one will go, but this is a bigger step than they had tried previously, so we will just have to keep an eye on it and let you know because it's fairly significant in terms of potential liability against the District in the future. We will see what else pops up, but those are the two biggest ones. II. District Engineer a) Stormwater Reporting Requirements No report. III. Asset Manager a) Water Quality Report October 2021 b) Operations Report February 1,2022 Mr. Bernard: The lake bank restoration contractor started doing the lake bank restoration in Lake 21. They should be done there in the next two weeks and then they will be moving to Lake 6. Then they will move on to Lake 5 and the two right across from the clubhouse. The buoys have been taken out of all the lakes. That started Monday. They got them all out. We sent out our quotes to three electrical contractors for the lighting up front and next week I will send out the plans for the quotes for the landscaping up front. He listed the names of the companies he was obtaining quotes from for the electric and the landscaping. West Coast Electric tells us our light pole is down, and once they get their location, they are going to reset the light pole out at the entrance. We had to buy a whole new pole, but we have insurance on it. It cost$11,200 dollars. Mr. Barger: Have we thought about some cameras? We could even tie into the HOA system. We just upgraded the HOA's, and we may or may not have capacity to add more cameras. Mr. Bernard: We had a talk with Will a couple months ago about cameras, and he had talked with the HOA, and he said the vendor went out and looked. He was supposed to get back to us and he hasn't gotten back to us yet, but we are looking to get cameras. Mr. Ward: Time out. I didn't know that. The problem with cameras and a governmental agency is those become public records and they've got to be maintained. So, all of the audio and video of that is something that by law we have to maintain those records. We cannot dispose of them. This 4IPage 1611 Wentworth Estates Community Development District February 10, 2022 District is not set up to maintain video files. If the HOA wants to do that and put it on their nickel and they do that, that's fine, but for the District to do that, that's extremely impractical. Mr. Gasworth: Do we really need that? Someone hit a light pole once in 15 years and you're looking at—the odds of needing it for something seems low. 1 mean we need them within the community, I get that, that's important. But down by the front? Mr. Ward: I would be very careful about installing cameras out there for us. I would not recommend that. Mr. Barger: Obviously, it's not a big issue right now. If it ever became one, I mean, you've got fountains that could be damaged or vandalized or whatever. That's all I'm thinking about. Stuff like that. It hasn't been a big issue, but I certainly understand the issue with the public records. I don't know how you maintain 24 hours of 8 camera video files. Mr. Ward: You just don't. (Indecipherable.) Mr. Barger: Our two fountain upgrades up front, we were planning to do the engineering this fiscal year. Do you have some timing on that? Mr. Bernard: Hopefully, we are looking at March or April, I will call some vendors to come out and take a look and give us a price and proposal of what it would take to do it. Then bring them back to the Board and let them decide whether they want to do it. Mr. Barger: I just want to be sure because we are heating up our Di Napoli fountain discussion and we want feedback with the CDD on that. Is All Fountains one of your vendors? Mr. Bernard: Yeah. All Fountains is one of the ones we talked about. Mr. Barger: Just keep Will in the loop on that deal. Mr. Ward: Now that we've got this approved, can we see a timeline on the design, bidding and install of all of this stuff? For whatever will be put in? Mr. Bernard: We will need to get proposals first. Hopefully on the next report I will have that and be able to get the timeline for you. Mr. Ward: Okay. Thank you. Mr. Bernard: The other thing I had was the GDS Services report on the lake water quality. The water quality of the lakes has been stable for the last year. Mr. Gasworth: Question on that. Is this impacted by the buoys? Is this something we should have seen before we voted against the buoys? Also, have the buoys had an impact on this report? Mr. Bernard: What you will see on this report, what the graphs will show you in this report, through the whole thing there was no dramatic change in the water condition. The water quality is not Wage le11 Wentworth Estates Community Development District February 10, 2022 indicating how the algae control is, it's two separate issues. This is just telling us for reporting purposes that we are keeping the lakes the way they should be, and they are up to standard. IV. District Manager a) Financial Statements for period ending January 31,2021(unaudited) No report. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests or questions from the Board; there were none. He asked if there were any audience members with comments or questions;there were none. Mr. Barger: Can we talk about the financials? Mr. Ward: They are pretty standard. Mr. Barger: Our assessments are at 84%. Is that pretty much normal at this time of year? Mr. Ward: It depends on the community. It's a little low. I've seen with the property appraisers and tax collectors sending bills out earlier in the month of November, and Districts are getting money in the middle of December when we used to get them at the end of December and early January. It's a little low from what I'm seeing, but we may not have gotten the money in December. It may have come in January. They may be a little bit behind. It's actually a really good collection rate, but in terms of what I see state-wide, it's a little lower than normal right now. Mr. Barger: What's the$10,775 miscellaneous? Mr. Ward: That is the streetlight. Mr. Barger: Oh. Are we doing a bridge inspection this year? Mr. Ward: Yes, we are. Mr. Barger: Do we know when that will take place? Mr. Bernard: That is being handled by the District Engineer, not me. Mr. Ward: Sometime in the next few months. I usually schedule them in the summer. Mr. Barger: Then,for our utility services, you have electrical here, streetlights, pump station, and bridge. Is the electrical for the bridge just the lights on the bridge? Mr. Bernard: We have two meters up front. We have one up for the bridge and one up for the pump station. Wage 161 1,4` Wentworth Estates Community Development District February 10,2022 SIXTH ORDER OF BUSINESS Next Meeting Date March 10,2022 Mr. Gasworth: Do you have a next meeting date in mind? Mr. Ward: It is scheduled in March, but I don't think we will need one in March. We will do one in April when we set the public hearing date. SEVENTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at 8:52 a.m. On MOTION made by Mr. Robert Cody, seconded by Mr. Andrew Gasworth,and with all In favor,the meeting was adjourned. Wentworth Estates Community Development District 4f-ea.40Lehse4/ Ja s P.Ward,Secretary - *comb,Chairman 4eI 7IPage 1611 • MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Wentworth Estates Community Development District was held on Thursday,June 9, 2022, at 8:30 a.m., at the Treviso Bay Clubhouse,9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum: Joe Newcomb Chairperson Robert Cody Vice Chairperson Steve Barger Assistant Secretary Joanne Lekas Assistant Secretary Andrew Gasworth Assistant Secretary Also present were: James P. Ward District Manager Andrew Gill JPWard &Associates Greg Urbancic District Attorney Bruce Bernard Assets Manager Chris Sandel Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 8:30 a.m. He conducted roll call; all Members of the Board were present, constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Minutes April 13,2022—Regular Meeting Mr. Ward asked if there were any additions, corrections, or deletions to these Minutes; hearing none, he called for a motion. On MOTION made by Mr. Andrew Gasworth, seconded by Mr. Joe Newcomb, and with all in favor, the April 13, 2022, Regular Meeting Minutes were approved. 1I :s tb11*°` Wentworth Estates Community Development District June 9, 2022 THIRD ORDER OF BUSINESS Consideration of Resolution 2022- Consideration of Resolution 2022-5, a Resolution of the Board of Supervisors of the Wentworth Estates Community Development District, designating a Qualified Public Depository pursuant to the provision of Chapter 280, Florida Statutes, as amended; authorizing Signators of the account(s); authorizing the number of Signatories on bank documents; authorization of Truist Bank deposit account resolution Mr. Ward: Item 3 on your Agenda is basically a cleanup mechanism that I forgot to put on there when we did the refinancing of your bonds. If you remember, we moved our general checking account as a result of the issuance of the bonds. Your authorization back then allowed us to do it, but I want to cleanup the record and do a Resolution. All this does is names Whitney Bank as your qualified public depository pursuant to Chapter 28 of the Statutes. He asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Joe Newcomb, seconded by Ms. Joanne Lekas, and with all in favor, Resolution 2022-5 was adopted, and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Consideration of Resolution 2022-6 Consideration of Resolution 2022-6, a Resolution of the Board Of Supervisors Of Wentworth Estates Community Development District accepting certain conveyances from the Developer, Lennar Homes, LLC, and Treviso Bay Owners Master Association, Inc., relating to the clean-up of property ownership within the District; authorizing the Chairman or the Vice Chairman (in the Chairman's absence) to execute such conveyance documents to the extent necessary to evidence the District's acceptance Mr. Ward: Many moons ago, Greg and I were advised that there were a number of parcels of land within the community that were either common areas to be transferred to the HOA or part of the District's drainage system, all of which were still in Lennar's name. Over the last year, we have been working to get the legal descriptions ready to go to transfer that property from Lennar to either the homeowner's association directly or to the CDD. Resolution 2022-6 does this for you with respect to the property owned by the Community Development District, the land that is to go to the homeowner's association. Mr. Urbancic has been working with the attorney's counsel. I have also talked to Scott, but it was a long time ago, about ensuring the HOA would be comfortable with us accepting the transfer of that land. The ball is in their court to do that at this point. These conveyances transfer either by deed or be easement some of the property over to the CDD. Basically, lake maintenance easements and lake maintenance areas that should be part of the drainage system. Mr. Gasworth: So, we've already been maintaining them because Lennar obviously hasn't been. Mr. Ward: Either the HOA or us. It's really a cleanup item. Mr. Greg Urbancic: Essentially, we figured out what parcels were still owned by Lennar, or they had an interest in, and went through the team process to figure out which entity was the right one based upon 2IPage 16 1 1 Wentworth Estates Community Development District June 9, 2022 who was doing what at the current time or what the CDD paid for. Some of the attachments you see are a little bit over inclusive in terms of what we're concerned about, but we put it all on there anyway. You see there are essentially two quit claim deeds of parcels going to the CDD, along with assignment of dedications which are sort of ancillary easement rights. Also, shown in the exhibit, is a deed to the Master Association, and then one to one of the condominium associations. Those associations have approved those forms. We are essentially just waiting for a final "final"from Lennar's counsel on the transfer. When we kind of combed through it their initial reaction was, hey, I though we did all of this at turnover, but interestingly enough there are some more parcels, and the property appraiser is also designating them. We think this is in really good shape at this point in time. If there is anything that comes back which would change this in any material fashion, we will let you know. On MOTION made by Mr. Andrew Gasworth, seconded by Ms.Joanne Lekas, and with all in favor, Resolution 2022-6 was adopted, and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Staff Reports I. District Attorney No report. II. District Engineer a) Stormwater Reporting Updates No report. III. Asset Manager a) Operations Report May 1, 2022 b) Operations Report June 1,2022 Mr. Bruce Bernard: There is one portion on the bridge that needs to be repaired. There is some cracking on the northeast wall cap. That is the only recommendation that we had to do, but we have three other smaller items to do. We are going to get a structural contractor to get all that repaired. The lighting and landscaping project at the entrance will begin at the end of the month. We were able to find the fixtures that were holding it up, so we will be starting that at the end of the month. That should take a 30 day process. Lake bank restoration will be completed this week on Lake 8 and that will complete the project for this Fiscal Year. I'm still working on the fountain pump stations, trying to get additional quotes. It's hard to get contractors out there, so I'm also trying to get some quotes on rehabbing what we have there now. IV. District Manager b) Financial Statements for period ending April 30,2022(unaudited) c) Financial Statements for period ending May 31,2022(unaudited) Mr. Ward: The Stormwater Analysis has now been completed and filed with the County. They have been uploading it to the State system. It's finally finished and in five years we will go through the process again. 3IPage 6 1'' Wentworth Estates Community Development District June 9, 2022 SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr.Ward asked if there were any Supervisor's requests or questions from the Board; there were none. He asked if there were any audience members with comments or questions. Mr. Chris Sandel: We would be happy to send out a communication about that lighting and landscaping project, if you want to provide me some details that l can fit into a writeup, and we can send that out to the community. Mr. Ward: Okay, we will do that. As I said before though, 1 will make sure we will do a writeup and put it on the District's website. I would like you to include in your communication our website address for people to look at that in case they have any direct questions for the CDD. Mr. Chris Sandel: Vice President of the Board. We've invited guest speakers to the Board Meetings since this Board took over 14 months ago. Would you guys ever want a slot just to come in and do CDD does this, CDD does that,just as informational. Mr. Ward: We will do that if you want us to. Mr.Sandel: Maybe in the fall or January when we think we might have a bigger crowd. Discussion ensued regarding the CDD sending a representative to the HOA to speak; what would be discussed at the HOA meeting;the residents being uninformed regarding the CDD and CDD projects. SEVENTH ORDER OF BUSINESS Next Meeting Date July 14,2022 Mr. Ward stated the next meeting would be on July 14, 2022 and would include the public hearing for the budget. EIGHTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at approximately 8:45 a.m. On MOTION made by Mr. Andrew Gasworth, seconded by Ms.Joanne Lekas,and with all in favor,the meeting was adjourned. Wentworth Estates Community Development District (1/1//) /1/ Jame P.Ward,Secretary N comb,Chairman 4IPage 1611 4, ?'apLrø t ';.\4115 NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# WENTWORTH ESTATES CCD 2018552 Wentworth Estates Co Pub Dates May 21,2018 • / 1.ttaice_ 67Yeetelai (Sign ture of affiant) ;;' KAROLEKANGAS I Notary Public-State of Florida Sworn to and subscribed before me '• Anj Commission,GG 125041 This May 21,2018 `.z'-"''` "b E,�'.'mn,m2t I : gmdu nwftw000 m. WW1 ciryr (Signature of affiant) NAPLESNEWS.COM 1 MONDAY,MAY 21,2018 1 13D Commercial RE Lease Vehicles Wanted Public Notices Public Notices Wheels/Recreation ' ►RIMEOLDE NAPLES CORVETTES WANTED 99.061, Florida Statutes, The Wentworth Estates16 LOCATION 1450 soft Top dollar.Cash today.Call and must also be a qualified Candidates must qualify for Community Development former hair/nail Salon 941-809-3660 or 941-923-3421 elector of the District. A the office of Supervisor with District has two(2)seats up call:Diana(239)963-7319 LOOKING TO BUY VEHICLES qualified elector is any person the Collier County Supervisor for election,specifically seats classic&collector cars at least 18 Years of age who is of Elections,3750 Enterprise 1 and 2. Each seat carries Retail Space/Rent or vehicles or.low mi. a citizen of the United States, Avenue,Naples,Florida34103. a four year term off office. -8683. Will negotiate fair value, a legal resident of the State of CalnifiCates(may)pre2aaualI I and w�ll'be held at the same NAPLES DESIGN DISTRICT! arrange a timely pick up& Florida and of the District,and 0 to the official qualifying Luxury retail space seeks pay cash.(845)987-9267 ho is registered to vote with Pri•r tl time as the general election I rat.Design or Prof.No Fee. the Collier County Supervisor Period subject to Me rules an on November 6,2018,in the 1 yr lease$1,500.617479-3111 STEARNS MOTORS of Elections.Campaigns shall procedures of the Supervisor manner prescribed by law for MOST TRUSTED be conducted in accordance of Elections. Each candidate general elections. BUYER Since l9TT. with Chapter 106, Florida shall qualify for individual All Vehicles wanted tatutes. seats in accordance with For additional information. Buy Rod orlim(239)774-T360 Naples Heritage Section 99.061, Florida please Contact the Collie! Community Development Statutes and must also be County Supervisor of WE BUY CARS,TRUCKS,SUVS. District has three seats up for qualified electors of the Elections, 3750 Enterprise and Etc.Anything from election,specifically seats,3, District. A qualified elector Avenue,Naples,Florida 34103. Investments $1,000-$100,000.1 come to 4 and 5. Each seat carries is any person at least 18 years Telephone(239)252-8683. you.Please call Sam a four-year term of office. of ape who is a citizen of the Sell ATTENTION INVESTORS 1% (239)595-4021 Elections are nonpartisan United States,a legal resident Wentworth Estates l� RETURN GUARANTEED A and will be held at the same of the State of Florida and Community Development MONTH Auto Paris&Ace time as the general election of the District,and who is District here! local company in the area on November 6,2018,in theallies registered to vote with the James P. Ward, District for over 30 years,great rep- (3)BRAND NEW CAR TIRES manner prescribed by law for Collier County Supervisor of Man.er utatlofh No risk program255-55-R-17$100.each general elections. Elections.Campaigns shall be May 21,2018 No.2018552 place for 17 years.Al DuQuet (239)353-8791. For additional conducted in accordance with Rlae'sm ilk here! toCGLifieds CGC(239)571-3000 information, please contact Chapter 106,Florida Statutes. IXae e NEW BUSINESS LOOKING �� the Collier County Supervisor Naples Oawy Xewslaalfieds FOR INVESTORS-erowing f Elections. oa return. ea MayN 21,OTICE No.2003256Y Public Notices Public Notices Public Notices Greatms.Seture Negotiablent NRI DEOF QUALIFYING reputable na ie.Priv tely COLLIERCOUNTY MANI YPURCHAS OFDE SCATTERED SITE VGRANT reputable name.Privately PERIOD FOR CANDIDATES owned.Please contact Lewis P'•i s"n'al� FOR VISRS BOARD OF HABITAT NOTICEJMFIINTENT TO REQUESTCEEASE OF FUNDS LOTS (845)987-9267SUPERVISORS WAY OS OF THEQ FRIENDLY, ELDERLYo MALE, PEVEVOPMENTCOMMUNITYDISTRICT May 21,2018 with great sense if humor. DEVELOPMENT DISTRICT Invest./Income Property looking for friendly.elderly DIM NEEDED FOR female for dining,sunsets, Notice is hereby given that Collier County etc. Bonita resident for 30 Me candidates far period for 3299 Tamiami1 East on1 T$4M MORTGAGE years.Don't 5-3036e to call Supervisor far the office of (239)252.8999 2Naples,Florida934112 $4M property. Alex at 239-405-3036 Supervisor of the Flow Way (239)252.8999 Pay at B%per dnni7m Community Development Al DuQuet uet CGC (239)571-3000 District i c18 20 8 d On or about May 30,2018 Collier or they wed se of o request to the U.S.nt Block Gr n Housing noon on June I8.2018.and end Urban Developpment(HUD)for the release of Community Development Black Grant(CDBG) 2111AQclose at noon an dune qualify uzois.ring prods,contract s Habi at for 0016 under Title 1 of the Act t esid as amended,to throu ho t Candidates may Jne 2 during protect known as Habitat for Humanity Acquisition of Vacant Residential Lots located throughout a the early qualifying period Collier County. CDBG funds will be used only for acquisition of such lots. Other funds will be L which begins on June 4,2018. used for the construction of one single family home on each acquired residential lotto assist low to moderate income families.One single family home is to be constructed on each modest size Boats/Motors/Moline Candidates must qualify for vacant residential lot,each home of modest size will constructed on the acquired lots that are NOTICE OF QUALIFYING the office of Supervisor with located in established residential neighborhoods.The estimated funding combined with CDBG and 058AYLINER 2150 CAPRI CLAD- PERIOD FOR CANDIDATES the Collier County Supervisor Habitat for Humanity funds is anticipated to be approximately$1.890.000.00 for the acquisition of FOR THE BOARD OF af Elections located at vacant residential lots and new home construction.There are several known sites of interest for SIC BOWRIDER V8 SL Mer- cruiser,fast&economic.one SUPERVISORS OF Collier County Supervisor of acquisition and may include other sites yet unknown.The proposed know vacant residential lots owner.$8,950.(239)302-S193 HERITAGE BAY COMMUNITY Elections, 3750 Enterprise are located at 2796 54th Street SW 2580 47th Terrace SW),2590 47th Terrace SW,5413 Trammel DEVELOPMENT DISTRICT Ave, Naples, Florida 34104. Street and 5148 24th Avenue SW,Naples,Florida,Collier County,Florida. 35E16 FT,DOCK AT AR Telephone(239)252-8683. All Direct access, deepeep water, Notice is hereby candidates shall qualify for The activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from electric-30&so amp,gated. given that the qualifying individual seats in accordance National Environmental Policy Act(NEPA)requirements.An Environmental Review Record(ERR) $59,000.(605)39 489A period for candidates for with section 99.061.Florida that documents the environmental determinations for this project is on file at Collier County 60.SLIP ISLAND MARINA the office of Supervisor of Statutes,and must also be Community and Human Services,3339 Tamiami Trail,Building H,Room 211,Naples,FL 34112 and Deep Water,Floating dock,5 Heritage Bay Community a qualified elector of the (239)252-2273 and may be examined or copied weekdays 9 A.M to 4 P.M. min.to Gulf,Lease/Sale Development District (the Distract. A qualified elector 239-825-1235 District")will commence at any person at least Ili Years PUBLIC COMMENTS noon on June 18,2018,and of age who is a citizen of the close at noon on June 22 2018. United States,a legal resident Any individual,group,or agency may submit written Comments on the ERR to the Collier County BOAT SUP:MARCO ISLAND Candidates must qualify for of the State of Florida and Community and Human Services Department,3339 Tamiami Trail,Building H,Room 211,Naples,FL 44' max, direct access; the office of Supervisor with of the District and who is 34112 or by phone at(239)252-2273,Attention:Rosa Munoz Grants Coordinator.Comments may Marina at Factory Bay.AU the Collier County Supervisor registered to vote with the also be submitted via email at rosa.munozccollidered ty Igov.All comments received by May amenities Mold.$450.mo. of Elections located at 3750 Manatee County Supervisor of 29,2018.All comments received by will be considered by the Collier County prior to authorizing Avail.immed.(202)256-2072 Enterprise Avenue, Naples, Elections.Campaigns shall be submission of a request for release of funds. BOAT SLIP•Riverpolnte Florida 34104, 39452ify for conducted in accordance with Marina floating dock,direct All candidates shall qualify for Chapter 106,Florida Statutes. ENVIRONMENTAL CERTIFICATION access 34'LW L slip,electric/ individual seats in accordance water.570K,239-370-4027 with Section 99.061,Florida The Flow Way Community Collier County certifies to HUD that Leo E.Ochs,Jr.in his capacity as County Manager consents to LI Statutes,and must also be Development District has accept the jurisdiction of the Federal Courts if an action is brought to enforce re bean bilRiei in Naples CAPTAIN'S UCENSE C-7pak a qualified elector of the two(2)seats up for election, relation to the environmental review process and that these responsibilities have been satisfied. June llth 877-435-3187 District. A qualified elector specifically seats 2 and 4. HUD's approval of the certification satisfies its responsibilities under NEPA and related laws and is any person at least 18 years Each seat carries a four-year authorities and allows Collier County to use Program funds. of age who is a citizen of the term of office. Elections are United States,a legal resident nonpartisan and will be held at OBJECTIONS TO RELEASE OF FUNDS Ne FORMULA of the State of Florida and the same time as the general of the District,and who is election on November 6 2018, HUD will accept objections to its release of fund and Collier County's certification fora period IPS Diesel Formula/3°as in registered to vote with Me in the manner prescribed by of fifteen days following the anticipated submission date or Rs actual receipt of the request Stock at Our Dock Collier County Supervisor of law for general elections. (whichever is later)only if they are on one of the following bases:(a)the certification was not rio srs.spirit icons Elections.Campaigns shall be executed by the Certifying Officer of Collier County;(b)Collier County has omitted a step or o9 conducted in accordance with For additional information, failed to make a decision or finding required by HUD regulations at 24 CFR part 58;(c)the grant Remold Ilea ^ ini Chapter 106,Florida Statutes. please contact the Collier recipient or other participants in the development process have committed funds,incurred costs tieSOUTHPOINTE MARIN The Heritage Bay County Supervisor of or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by (In Windsta0 Boat Slip Community Development Elections at 3750 Enterprise HUD;or(d)another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written 55'x32'xe slip.Direct access, District has two seats up for Avenue,Naples,Florida 34103. finding that the project is unsatisfactory from the standpoint of environmental quality.Objections n close to Gulf,water and election, specifically seats Telephone(239)252.8683. must be prepared and submitted in accordance with the required procedures(24 CFR Part 58,Sec. electric,30 and 50 amp. 4,and 5.Each seat carries Flow Way Community 58.76)and shall be addressed to Miami HUD Office at Brickell Plaza Federal Building,909 SE First 599,000. 239470.4027 a four-year term of office. Development District Avenue,Suite 500,Miami,FL 33131-3028. Potential objectors should contact HUD to verify the period. are nonpartisan lames P. Ward, District actual last day of the objection period. and will be held at the same Manager time as the general election May 21,2018 No.2018624 Leo E.Ochs,Jr. WANTED:ALL MOTOR HONES on November 6,2018,in the NOTICE OF QUALIFYING County Manager,Collier County AND CAMPERS.Any cond. manner prescribed by law for Cash Paid. (954)789-7530. general elections. PERIOD FOR CANDIDATES FOR For additional THE BOARD OF SUPERVISORS CONDADO DE COLLIER Y HABITAT PARA LA HUMANIDAD DEL CONDADO DE COLLIER,INC.CON Golf Carts information, please contact OF THE COPPER OAKS FONDOS DE LA BECA DE CONCESION DE BLOQUES DE DESARROLLO COMUNITARIO(CDBG) LOTES Collier County Supervisor COMMUNITY DEVELOPMENT ADQUISICION DE LOTES VACANTES DE SITI05 DIISPERSOS CLUB CAR GOLF CART-1974 of Elections. DISTRICT AVISO DE INTENCION PARA SOLICITAR LA LIBERACION DE FONDOS 4 new batteries in Good Cond. May 21,2018 No.2002983 $1.200.(239)353-8791. Notice is hereby 21 de Mayo del,2018 Not,e lit s.ii' given that the qualifying Recreational Storage period for candidates for Condado de Collier NOTICE OF PUBLIC SALE the office of Supervisor of 3299 Tamiami Trail East STORAGE: MOTORHOMES the Copper Oaks Community Naples,Florida 34112 auto. 0 RVs, boat, auto. Covered To satisfy the owner's storage Development District will (239)252-8999 available. (239)643-0447 lien,PS Orange Co.Inc.will commence at noon of June sell at public lien sale on 18, and close at noon De o alrededor del ie de mayo de 2018,el a de loso de Collier presene la una solicitud Al A� May 30.2018,the personal on June 22,2018. Candidates Departamento de Ven bboa y Desarrollo Urban?de FE.UU.(HUD)pare la liberaci6n de los O property in the below-listedmust qualify for the the lee tondos del Subsidio en bite 09 para el desarrollo comunitaria(CDBG),contrat0#8-17-UC-12-0016 En nits.which maytinclude but of Supervisor with Lee ba'o el Tftulo 1 de la Ley.de 1974,seem enmendade,pars emprender un Proved?conocido comp are not limited to:householdand County Supervisor of Elections Habitat pare la Adquisician de Lutes Residenciales Vacantes pare Habitat para la Humanidad and personal items,office and located at Constitutional ubicados en todo el Condado de Collier.Los tondos de CDBG se usaran solo para la adquisici6n other equipment.The public Complex, 2480 Thompson de dichos dotes.Se usaran pups fondps Gera la construcciUrl de una case unifamiliar en cads dote Automobiles for S•aie sale of these items will begin St.,Fort Myers,FL 33901 and residential adquirido para ayudar a las families de ingresos bajos a moderados.Se oristruira una at 10:00 AM and Continue until the telephone number is 239- case unifamiliar en cads late residential de cameo?modest?,Cade case.de tamed?modest°se CONVERTIBLE2004 BMW 3251 CONVERTIBLE all units are sold. 533-8683.All candidates shall construira en los!trees adquinnos que se encuentran en verb oleos resi m denciales establecidos. White/black top.Excellent qualify for individual seats Se calcula que el financiamiento estimado combined°con fonds de CDBG y Habitat para La c$5200(3 tires/battery PUBLIC STORAGE # 27263, accordance with section Humanidad sera de aproximadamente$1,890,000.00 pare la adquisici6n de totes residenciales $5.200(309)253-5225. 11800 S Cleveland Ave, 99.061, Florida Statutes, desocupados y la construcci6n de viviendas novas.Hay varies sitips conocidos de interns para 2604 Se,700 n.turbo,con- Fort Myers,FL 33907, and must also be qualified la adquisici6n yY pueden incluir pups sitios min de7conocidos.Los totes residenciales propuestos vertible,71K mi,new tires& (239)936-7177 electors of the District. A estan localizados en 2796 54th Street SW 2580 47th Terrace SW),2590 47th Terrace SW,5413 brakes.$6K.NO DEALERS. Time:11:00 AM qualified elector is any person Trammel Street y 5148 24th Avenue SW,Naples,Florida,Condado de Collier,Florida. (989)277-1397, E040-Alcy.Esther at least 18 Years of age who is a citizen of the United States Las actividades ooster estan categy icamente excluidas bay las re laciones de HUD en Sports and Imp,is Public sale terms, ules, a legal resident of the State of 24 CFR Parte 58 dea los requisites de la Ley de Politica Ambiental National(NEPA).Un Registro de and regulations will be Florida and of the District,and Revisidn Ambiental(ERR)quo documents las determinaciones ambientales para este proyecto 2003 MERCEDES SL-500 made available prior to the who is registered to vote with este archived°en la Comunidad y Servicios Humans del Condado de Collier,3339 Tamiami Trail, Excellent to Up o like a ray, sale. All sales are subject the Lee County Supervisor of Edificio H,Habitacidn 211,Naples,FL 34112 y(239)252-2273 y pueden ester examinados o copiados Complete Up99 like new to cancellation.We reserve Elections.Campaigns shall be entre semana de 9 AM a 4 PM $13,995(516)2634796 the right to refuse any bid. conducted in accordance with 2006 MAZDA MIATA Payment must be in cash or Chapter 106,Florida Statutes. COMENTARIOS POBLICOS 11k miles,garage kepyt 5 spit., credit card-no checks;Buyers The Copper Oaks Community red/black,na accidents,like must secure the units with Departier persona,grape o agenda,puede envier comentarios per escrito bre el ERR al new,$I2,900(239)331-0316. their own personal locks. Development District has Departamentp,de Servici,5 pies,Ratios y Humans del Condado 8e Collier,3339 Tamiami Trail. e To claim tax-exempt status, two seats up for election, Eddicio H, de ien211,Naples,FL 34112 o Par telefono al(239)252.2213.Atencicn:Rosa Munoz. 2012 RED CORVETTE original RESALE certificates specifically seat#1,and seat Coordinadora de Betas.Los comentarios tamaien ser enviados per sorreo electrenlco rosa. black top convertible,red& for each space purchased is #3.Each seat Carnes a four munoz ocolliercountyfl.gov.Toils los comentarios serannrecibidos haste el 29 de mayo de 2018. black interior.under 6k mi. required. By PS Oraneeco, year term of office.Elections Todps los comentarios recibidos seran considerados per el Condado de Collier antes de autorizar 135k.(239)537-2511. Inc.,c. Western Avenue, are nonpartisan and will be la presentaci6n de una solicitud de liberaci6n de fondps. 2016 BLACK LAND ROVER Glendale,CA 91201.(818)244- held at the same time as the Range Rover Sport,Beige Lthr 8080. ge neral election on November CERTIFICACION AMBIENTAL int.V6 Supercharge HSe.22k- May 14,21.2018 No.2006605 •, 2018, n the manner mi.,$59,900(239)289-0295 prescribed by law for general El Condado de Collier certifies a HUD quo Leo E.Ochs,Jr.en sit calidad de Administrador del BMW XI5 2013 Sport Activity lectians. V Public Neiices Condado consiente en aceptar la Mri5dicci6n de las Tribunales Federates 5i Se inicia una action Package,low miles.like new For additional information, para hater cumplir las reSe ban bilidades en relation con el procese de revision ambiental y quo NOTICE OF QUALIFYING star resnoasabilidades se ban cumplido.La aprobaci6n de HUD de la certificacian rumple con cond. 27,900.239.219-4475. PERIOD FOR CANDIDATES please contact the Lee County sus responsabilidades bap"NEPA y las!eyes y autoridades relacionadas y permite quo el Condado FOR THE BOARD OF Supervisor af Elections. de Collier use los tondos del Programa. MIIPPIIAIIIIP SUPERVISORS OF NAPLES May 21,2018 No.2010 2015 DODGE GRAND CARAVAN HERITAGE COMMUNITY NOTICE OF QUALIFYING OBJECIONES PARA LA LIBERACION DE FONDOS Wheelchair Van with DEVELOPMENT DISTRICT PERIOD FOR CANDIDATES 10"lowered floor,ramp& FOR THE BOARD OF HUD neater quince a 511 liberade I de tondos y la Certlficanlnn del Condado de Collier per tie downs.(239)494 267 Notice is hereby SUPERVISORS OF er(odo de dies despues de la fecha de presentaci6n anticipada o!a reception real given that the qualifying COMMUNITY RTH ESTATES de la solicitud(lo que ocurra may fordo)solo 5i se encuentran en una de las sign enter bases: C la Ssie Cars period for candidates for COMMUNITY DEVELOPMENT (a)la cent a Collier no foe ejecutada por el Oficial de Certificaciin del Condado de Collier;(b)el the office of Supervisor of DISTRICT Condado de Collier ha omitido un peso o no ha tomado una decision o resulted°requerido,por las 1982 ROLLS ROYCE SILVER Naples NedtaBe Community regulacione5 de HUD en 24 CFR arte 58;(c)el dedtinatario de la Sunvencien u afros participantes SPIRIT 72K mi,serviced,lully Development District Notice is hereby given that en el proceso de desarrollo ban comprometld tondos,mcurrido en costos o emprendido PIRIT2Kmi,d,manyy new ("District.)will commence at the qualifying period for actividades no autorizadas par 24 CFR Parte 58 antes de la aprobacid de una liberaci6n de tondos loaded parts. clean d,many ne 7. noon on June 18,2018,and candidates for the office of or pate de HUD;o(d)otra ag9encia federal quo actor de conformided con el 40 CFR Parte 1504 dos t noon on June 22,2018. Supervisor of the Wentworth ha predentado una constataei6 esc to de quo el proyecto no es satisfactorio desde el panto de Candidates must qualify for Estates Community vista de la°elided ambiental.Las objeciones deben F epararse y enviarse de acuerdo con los Vehicles Wanted the office of Supervisor with Development District will procetlimientos requeridos(24 CFR Parte 58,Sec.58.76)y deben dirigirse a la Oficina de Miami AA.TOP DOLLAR PAID!for the Collier County Supervisor commence at noon on June HUD en Brickell Plaza Federal Building,909 SE First Avenue,Suite 500,Miami,FL 33131-3028.Los Classics Cars,Muscle f Elections located at 3295 18,2018,and close at noon depotenciales objetores dehen comunicarse con HUD para verifleer el Ultimo dla actual del period° &Sports Cars,Muscle(239)22 Cars,o Tamiami Trail East,Naples, on June 22,2018.Candidates de objecidn. Florida, shall 2- may,qualify during the early ABSOLUTELY ALL AUTOS- 8450. All candidates shall on period which begins Leo E.Ochs,Jr. wanted!Dead or Alive Top$ qualify for individual seats n June 4,2018. Administrador del Condado de Collierin FREE PICK UP! 2 39-2 5 5 4140 'n accordance with Section May 21,2018 saaeue No.2019788 lb '4 4, ?'apLcø Ott ? ruiø NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# WENTWORTH ESTATES CCD 1861728 RESOLUTION NO.2018- Pub Dates January 11,2018 • / cc,CcCC��l (Sig ture of affiant) Virdirdib_�N:" _ KAROLEKANGAS Notary Public-State of Florida llsaffirabimmdli Sworn to and subscribed before me , • AAj t•. conrniGGtxu,i This January 11,2018 , a�'—�'yeS" MyComm.�� 29• 1 aaNdYaaaphNaaaWNal ylaa6 \- and qomer (Signature of affiant) 14D I THURSDAY,JANUARY 11,2018 I NAPLES DAILY NEWS Sports.trip ilI1,104 1` N„tict•Of Sale 2015 NISSAN e!11en is located fi Collier 6 1 27K mi.Gray.excellent.cond. County Sheriff's Office,,3319 FL $13,000.(412)600-1418. Tamiami Trail E.Naples,FL Pohl!,Niel it:i•.s Public Notices Public Notices Public Notices 34112, telephone; 239-252- 0880,at least seven days prior RESOLUTION NO.2018-1 a W1,el Or1vi. to the proceeding:If hearing impaired, (TDD) 1-800-955. A RESOLUTION OF THE BOARD OF SUPERVISORS OF WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT 'I5GMC YUKONXL-SLT 8771,or Voice(V)1.800.955- RELATING TO THE REFUNDING OF THE WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT SPECIAL Show room cond.20"Miche- 8770,via Florida Relay Service. ASSESSMENT BONDS,SERIES 2006A;DECLARING SPECIAL ASSESSMENTS;INDICATING THE LOCATION,NATURE AND lins,white diamond tri-coat, No.1858008 ESTIMATED COST OF THOSE IMPROVEMENTS WHICH COST IS TO BE DEFRAYED IN WHOLE OR IN PART BY THE SPECIAL $6K under dealer 239-572-0321 ASSESSMENTS;PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYED IN WHOLE OR IN PART BY THE SPECIAL ASSESSMENTS;PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS V.11is SHALL BE MADE;PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE;DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED;PROVIDING FOR AN ASSESSMENT PLAT;ADOPTING A PRELIMINARY ASSESSMENT ROLL;PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID DODGE GRAND CARAVAN ASSESSMENTS AND THE RELATED IMPROVEMENTS;PROVIDING FOR NOTICE OF SAID PUBLIC HEARING;PROVIDING FOR 2014.Wheelchair Van with PUBLICATION OF THIS RESOLUTION;PROVIDING FOR CONFLICTS,PROVIDING FOR SEVERABILITY AND PROVIDING AN 10"lowered fir,ramp&tie EFFECTIVE DATE. downs.(239)494-8267 WHEREAS.Wentworth Estates Community Development District(the"District")is a local unit of special-purpose government �,�.�1.i1it,,I organized and existing in accordance with Chapter 190,Florida Statutes,as amended(the Uniform Community Development District Vi•liu Act of 1980)(the"Act"),created by Ordinance No.2004-37 of the Board of County Commissioners of Collier County.Florida,effective on June 15,2004,as amended by Ordinance No.2006-13 of the Board of County Commissioners of Collier County,Florida,effective AA+TOP DOLLAR PAIDI for on April 3,2006;and Classics Cars,Muscle Cars &Sports Cars.(239)221-3000 WHEREAS,the Board of Supervisors(the"Board")of the District previously authorized and approved the issuance of the District's ABSOLUTELY ALL AUTOS- $38,145.000.00 Special Assessment Bonds.Series 2006A(the"Series 2006A Bonds")and 826.315.000 Special Assessment Bonds, Series 2006B(the"Series 2006B Bonds")for the purpose of constructing certain public infrastructure and other public infrastructure Wanted!Dead or Alive Top$ improvements(collectively,the"2006 Project").The 2006 Project was originally described and detailed in the Revised Engineer's FREE PICK UP! 239-265.6140 Report for the Wentworth Estates Community Development District prepared by Johnson Engineering,Inc.and dated September 9, CORVETTES WANTED 2004,as supplemented by that certain Supplemental Engineer's Report for the Wentworth Estates Community Development District Top dollar.Cash ANTED Call prepared by Johnson Engineering,Inc.and dated April 2006(the"2006 Engineer's Report").The 2006 Project as described in the 9p1 dollar.C s 941-923-3421 2006 Engineer's Report was later amended and su plemented by that certain Supplemental Engineer's Report prepared by Johnson Engineering.Inc.and dated April 2009(the"2009 Supplemental Engineer's Report)in connection with the reallocation of certain of the debt assessments by the District to impose special assessments on property that was not originally assessed to pay the cost of STEARNS MOTORS the additional improvements describedin the 2009 Supplemental Engineer's Report.(The 2006 Engineer's Report as supplemented MOST TRUSTED and amended by the 2009 Supplemental l Engineer's Report is herein referred to as the"Original Engineer's Report");and BUYER Since 1977. All Vehicles wanted WHEREAS,on or about December 29.2011,the Series 2006B Bonds were presented to the District's trustee for cancellation and Rod or Jim(239)774-7360 are no longer outstanding;and WE BUY CARS,TRUCKS,SUVS, WHEREAS.pursuant to Resolutions 2012.6 and 2012-11 adopted by the Board,the Board approved a revised 2006 Project(the Etc. Anything from $1,000 "Revised 2006 Project")and in connection therewith adopted that certain Wentworth Estates Engineer's Report prepared by Morris thru $100,000. Please call Engineering and Consulting,LLC and dated August 2012(the"2012 Supplemental Engineer's Report"),which 2012 Supplemental Sam(239)595-4021 Engineer's Report supplemented and amended the Original Engineer's Report.The plans and specifications for the Revised 2006 Project are a part of the District's records,as approved by the Board in resolutions adopted by the Board in connection therewith.A copy of the 2012 Supplemental Engineer's Report is incorporated herein by reference and maintained on file at the offices of JP Ward and Associates,LLC 2900 N.E.12t Terrace,Suite 1.Oakland Park,Florida 33334.(the"District Manager's Office");and Announcements I WHEREAS,a portion of the Revisetl 2006 Project was previously constructed with the proceeds from the sale of the Series 2006A J Bonds pursuant to provisions of Chapter 190,Florida Statutes;antl ri try Lots WHEREAS,the Boardpreciously determined that it was in the best interest of the District to defray the cost of the construction Ci in of all ore portion of the 2006 Protect by levying special assessments against the certain lots and lands located within the District which are specifically benefited thereby,to pay installments of principal and interest as the same become due on the Series 2006A Bonds(the"Series 2006A Assessments");and WHEREAS,in levying the Series 2006A Assessments,the Board previously adopted,in accordance with Florida law,Resolutions 2004-I5.2004-16,2004.18 2006-03.2009-06,2009.07,and 2009-09,among others.Subsequently,the Board adopted Resolutions 2012- 6,2012-7,and 201211(the"Assessment Resolutions")to modify and reallocate the Series 2006A Assessments in connection with the adoption of the revised development plan outlined in the 2012 Supplemental Engineer's Report for the Revised 2006 Project;and /\ ill WHEREAS,the Board further determined in the Assessment Resolutions that benefits will accrue to the lots and land improved, Lewis the amount of those benefits,and that the Series 2006A Assessments would be made in proportion to the benefits received as set forth in the District's Special Assessment Methodology prepared by JPW and&Associates LLC and dated August 1.2012(the"Original Methodology Report");and LiiJ.ils re 20188ntl")forethe Board pupose of refunding it to Series 2006e A Bonds in oeous for lydere istrict to to take advantage)of lowere rinerestraesan bonds d reduthe ce the eries Notice Under Fictitious Name Tit ei F''C annual Series 2006A Assessment payments;and Law Pursuant to Section ll AAII WHEREAS,in order to achieve a reduction in annual Series 2006A Assessment payments,the District herebydeclares its intent N NOTICE Florida Statutes to allocate additional principal(i.e.in addition to the outstandingby outstanding theundersigned, IS HEREBY GIVEN that p principal 2006 representedectandthe thereby ireSeries 2006A principal amo nt the ndersipnetl,Kirs[in M. �0 the lets ecind ll as s ssmin the ni e tt erhaee ,with the from the f the prcos drdebt ssment increase i d theDiamount Vega PAdesiring to engage in 1 l of the special assessment lien imposed thereon,with the amount of the proposed debt assessments to be levied by the District on business under the age and such residential lots and lands to fund items including but not limited to,the debt service reserve and the costs of issuance on the name of Vega Massage and Series 2018 Bonds to be issued to refund the Series 2006A Bonds(the"Assessments");and Reflexology located at 1890 WHEREAS,hecause of the lower interest rate environment it is expectetl roar by issuing the Series 2018 Bonds to refuntl the 23rd St.SW, n the County Series 2006A Bonds,annual payments of Assessments will be lower than annual pa ments of Series 2006A Assessments would have of Collier, n Napless Florida place been;and y 34117,intends to register the said Dome with the Division o WHEREAS,notwithstanding the District's adoption of this Resolution to begin the process of levying the Assessments,the Series 200of Corporations of the p Y ;! yi g Florida Department of State a the Assessments issue to restructured shall remain valid and binding until such time as the District finalizes the levy of Tallahassee, Florida. Dated the Assessments and issues the Series 2018 Bonds,which maybe issued in multiple series,to be secured by the Assessments;and at Naples,Florida,January 9, 2018 WHEREAS,the District is empowered by Chapters 190 and 170,Florida Statutes to issue the Series 2018 Bonds,to continue Veg Ma11,a sagpe antl Reflexologyy implementation of the Revised 2006 Project,to levy the Assessments upon the lots and land located in the District which are January 11,2018 No.188593a here specifically benefited by the Revised 2006 Project to pay principal and interest due with respect to the Series 2018 Bonds,and to refund the Series 2006A Bonds;and Notice Under Fictitious Name Law Pursuant to Section WHEREAS,the Board finds that it is in the best interest of the District to pay all or a portion of the cost of the Revised 2006 Project 865.09, Florida Statutes by imposing,levying,and collecting the Assessments pursuant to Chapters 170,190 and 197,Florida Statutes;and NOTICE IS HEREBY GIVEN Real Estate that the undersigned,CORAL WHEREAS,the District hereby determines that benefits will accrue to the property improved,the amount of those benefits, SHED STUDIOS,LLC desiring and that the Assessments will be made in proportion to the benefits received as set forth in the Original Methodology Report,as to engage in business under supplemented and amended by that certain Series 2006A Special Assessment Report prepared by 1PWard&Associates LLC and the fictitious name of DGI dated December 14,2017(the"Supplemental Methodology Report").The Supplemental Methodology Report is file at the District Consulting,located at 1540 Manager's Office and is attached hereto and incorporated herein as Exhibit"A"to this Resolution. (The Original Methodology Oakes Blvd, in the County 141 Report,as supplemented and amended by the Supplemental Methodology Report are sometimes collectively referred to herein as of Collier,in Naples,Florida the"Assessment Methodology Report");and 34119,intends to register the said name with the Division WHEREAS,the District hereby determines that the Assessments to be levied will not exceed the benefits to the lots and land of Corporations of the benefited by the Revised 2006 Project. Florida Department of State, Tallahassee,Florida.Dated at NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WENTWORTH ESTATES COMMUNITY DEVELOPMENT Naples,Florida,January 10, DISTRICT THAT. 2018. DGI Conwltinp Section L. The foregoing recitals are hereby incorporated as the findings of the Board. January 11,2018 No.1886655 Find and won 2. The Assessments shall be levied to defray the cost of the refunding of the Series 2006A Bonds.which Series Notice Cl Sale 2006A Bonds were issued for purposes of acquiring and/or constructing all or a portion of the Revised 2006 Project. visit property Section 3. The nature and general location of,and plans and specifications for,the Revised 2006 Project is described in Notice of Sheriffs Sale the Supplemental Engineer's Report,which Supplemental Engineer's Report was previously adopted in connection with Resolutions NOTICE IS HEREBY GIVEN fittings in town, 2012.6 and 2012-11. The Supplemental Engineer's Report is maintained on file at the District Manager's Office and the District Engineer's Office. that pursuant to a WRIT OF EXECUTION issued in Localfieds are Section 4. The total cost of the Revised 2006 Project was$59,241,171.98.The total estimated cost of the refunding of the the County Court of Collier Series 2006A Bonds relating to the Revised 2006 Project is approximately$27,465,000.00(the"Estimated Cost"). County Florida,on the llth day i Aprils 2017, in the easier to read... Satin,5. The Assessments will defray elltroximately E27expen00.00 in bonded indebtedness which includes.without cause herein CAGU LLC, limitation,the Estimated Cost,plus financing related costs and expenses,capitalized interest.a debt service reserve and MENA, and .case nO helping you Contingency,applicable. MENA,5, said court; o ur case no. J.Rambo,in.sasScourt;I,Kevin Set,ion 6.suje The mannerfoswhleh the mental assessment shall obeons.The sesspen is set forth olg the orAssessment available y Florida,have levied find your new Report,Manager's rffce. sfor supplemental assessmentresolutions.The Assessment Methodology Report is also available at the County,Floria,have levied District Manager's Office. upon all the right,title and home sweet interest of the defendant(s). Section 7. The Assessments shall be levied within the District in accordance with the Assessment Methodology Report GUSTAVO MENA,in and to the on certain lots and lands,which are adjoining and contiguous or bounding and abutting upon the Revised 2006 Projector specially following described Personal home, benefited thereby and further designated by the assessment plat hereinafter provided for;provided,however,that no debt service property to-wit: assessments shall be levied on lots and land for which the Series 2006A Assessments securing the Series 2006A Bonds have been 2013 WHITE HYUNDAI prepaid in full. SONATA SE Section 0. There s on file at the District Manager's Office,an assessment Olaf showing the area to be assessed,with the VittJfSNPECATHW 6BIDH601MI Find yoursplan sand specifications describing the Revised 2006 Project and the Estimated Cost,all of which shall be open to inspection by the And on the25th dayof January, online^4Section 9. The District Manager has caused to be made a preliminary assessment roll,a copy of which is attached to the 2018,at the Collier County online AL Supplemental Assessment Methodology,in accordance with the method of assessment described in the Assessment Methodology Sheriff's Office 3319 Tamiami Report,which shows the lots and land assessed.the amount of benefit to and the Assessment against each lot or parcel of land Trail East Naples,FL 34112 and the number of annual installments into which such Assessment may be divided,which is hereby adopted and approved as the at the hour of 10:00 AM.or loew.lfteds District's preliminary assessment roll. shortly thereafter,I will offer for sale all of the defend . Section 10. Commencing with the year in which the Assessments are certified to the Collier County Tax Collector for GUSTAVO MENA,right,,title, collection.the Assessments shall be paid in not more than twenty0)annual installments or the maximum period of time permitted and interest in aforesaid by law then in effect,which installments shall include principal and interest as calculated in accordance with the Assessment property at public outcry and Pursuant to Florida Statute Methodology Report.The Assessments shall be payable at the same time and in the same manner as are ad-valorem taxes and as will sell same,subject to all Sections 83.801.83.809. prescribed in Chapter 197,Florida Statutes;provided,however,that in the event the uniform non ad-valorem assessment method prior liens, encumbrances CAIN-JONES SELF STORAGE of collecting the Assessments is not available to the District in any year,or the District otherwise determines not to utilize the ju dgments,udgments,if any,to the hereby gives notice of sale provisions of Chapter 197,Florida Statutes,the Assessments may be collected as is otherwise permitted by law. highest and best bidder for of property contained in the CASH IN HAND.The proceeds following units: Section II. The Board shall adopt a subsequent resolution to fix a time and place at which the owners of lots and land to to be applied as far as may be assessed or any other persons interested therein may appear before the Board and be heard as to the propriety and advisability be to the payment of costs Justine I.Bischof,61DU of the Assessments or the Revised 2006 Project,the cost thereof,the manner of payment therefore,or the amount thereof to be and the satisfaction of the (Boxes) assessed against each property asablelaw. improved;and to authorize such notice and publications of same as may be required by Chapter above described execution. Stephen Thorson.WX8 0.Florida Statutes,or other applicable l Vehicle may be seen at Bald (Furniture) Eagle Towing 3880 Enterprise Jean-Robert Meme,WZ6 Section 12. The District Manager is hereby directed to cause this resolution to be published twice(once a week for two Avenue,Naples.Florida 34104. (Household) (2)weeks)in a newspaper of general circulation within Collier County and to provide mailed notices to the owners of the property Kenia Vielman,X765 subject to the proposed Assessments and such other notice as may be required by law or deemed in the best interest of the District. Kevin J.Rambosk,as Sheriff (Household) Collier County Florida Knsti Lydon,Y813 Section 13. If any one of the covenants,agreements or provisions herein contained shall be held contrary to any express by:/s/April Ide,Deputy Sheriff (Household,Misc.) provision of law or contract to the policy of express law,but not expressly prohibited or against public policy,or shall for any reason Franklin Stork,Y836 whatsoever be held invalid,then such covenants,agreements or provisions shall be null and void and shall be deemed separable Dates Advertised: (Household,Furniture) from the remaining covenants,agreements or provisions and shall in no way effect the validity of the other provisions hereof. 12/21/2017,12/28/2017, William D.Kenney,Jr.,Z936 1/4/2018,1/11/2018 (Household.Desk) Section IA. All resolutions or parts thereof in conflict herewith are,to the extent of such conflict,superseded and repealed. Date:Jan 20,2018@10:00am In accordance with the 3500 Radio Rd..Naples, FL Section IS. This Resolution shall become effective upon its adoption. American with Disabilities 34104 Act,persons needing a special $50 CLEAN OUT DEPOSIT PASSED AND ADOPTED this 14th day of December,2017. accommodation to participate Bill Roye Auctions,ab737 In this proceeding should Bill Thomas Auctioneer au2146 WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT contact Becky Adams,Judicial CASH ONLY lames P.Ward,Secretary Process Manager, whose January 4.11,2017 No.1873047 January II,2018 No.1861728 iu •A„cuts i 6 I 3. ? apLcø flui PART OF THE USA TODAY NETWORK Published Daily Naples. FL 34110 WENTWORTH ESTATES CC D 2301 NE 37TH ST NOF FT LAUDERDALE, FL 33308-6242 PERIOD ORQUALIFYING CANDIDATES FOR THE BOARD OF SUPERVISORS OF WENESTATES Affidavit of Publication C MMUN TOYRDEVELOPMENT STATE OF WISCONSIN DISTRICT Notice is hereby given that COUNTY OF BROWN the qualifying period for can- didates for the office of Su- pervisor of Wentworth Estates Before the undersigned they serve as the authority, Community Development personally appearedlegalsaysDistrict will commence at P y said clerk who on oath that noon on June 13, 2022, and he/she serves as Legal Clerk of the Naples Daily News, a close at noon on June 17, dailynewspaper p 2022• published at Naples, in Collier County, Candidates must qualify for Florida; distributed in Collier and Lee counties of Florida; the office of Supervisor with ththat the attached copy of the advertising was published in ofeE ectionsCollierCoun lo located Sup r3750 said newspaper on dates listed. Affiant further says that the Enterprise Avenue, Naples, said Naples Daily News is a newspaper Florida 34104. Candidates published at may prequalify prior to the Naples, in said Collier County, Florida, and that the said official qualifying period sub- tand newspaper has heretofore been continuously published in dures ctoofh es the e I Supervisorocof said Elections. Each candidate Collier County, Florida;distributed in Collier and Lee shall qualify for an individual seat in accordance with Sec- counties of Florida, each day and has been entered as tion 99.061, Florida Statutes, second class mail matter at the post office in Na les, in and must also be a qualified P elector of the District. A said Collier,County, Florida,for a period of one year next qualified elector is any person preceding the first publication of the attached copyof at least 18 years of age who is a citizen of the United States, advertisement; and affiant further says that he has neither a legal resident of the State of Florida and of the District, paid nor promised any person, or corporation any discount, and who is registered to vote rebate,commission or refund for the purpose of securing with the Collier County Super- this advertisement for publication in said newspaper visor of Elections. Campaigns issues dated orancshall e with ted in accord- ( ) by publication on the newspaper's Chapter 106, Flori- website, if authorized,on da Statutes. Wentworth Estates Communi- ty Development District has three (3)seats up for election, specifically seats 1, 2, and S. Issue(s)dated: 05/25/2022 The two(2)seats receiving the most votes shall carry a four-- ievo ►z1 year term of office, the re- maining seat shall carry a two year term. Elections are non- partisan and will be held at Subscribed and sworn to before on May 25, 2022: the same time as the general election on November 8,2022, in the manner prescribed by gill&-- law for general elections. For additional information, `(� please contact the Collier County Supervisor of Elections Notary, State of WI, unty ,C'of Brown at 3750 Enterprise Avenue, Naples, FL 34104: (239) 252- 8683 or www.colliervotes.gov. Wentworth Estates Cornmuni- L _7 --f" ty Development District .7 J James P. Ward, District Man- My commission expires ager Publish Dated:05/25/2022 Publication Cost:$238.00 Ad No: 0005245397 Customer No: 1308466 . • PO#: KATHLEEN ALLEN #of Affidavitsi Notary Public State of Wisconsin This is not an invoice "" "`'" "" #1,Napir5 IU1U Ne�.�tE 16 PAR f OF 1HE USA I ODAY NETWORK Published Daily Naples, FL 34110 WENTWORTH ESTATES CC D 2301 NE 37TH ST NOTICE OF REGULAR FT LAUDERDALE, FL 33308-6242 MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT Affidavit of Publication The Board of Supervisors of STATE OF WISCONSIN the Wentworth Estates Com- COUNTY OF BROWN munity Development District will hold a Regular Meeting on Wednesday, April 13, 2022, Before the undersigned they serve as the authority, at 8:00 a.m., at the TPC Tour Club, 9800 Treviso Bay Boule- personally appeared said legal clerk who on oath says that yard,Naples,Florida 34113. he/she serves as Legal Clerk of the Naples Daily News, a The meeting is open to the daily newspaper published at Naples, in Collier County, public and will be conducted Florida; distributed in Collier and Lee counties of Florida; in accordance with the provi- sions of Florida Law for Com- that the attached copy of the advertising was published in munity Development Districts. said newspaper on dates listed. Affiant further says that the A copy of the agenda for the said Naples DailyNews is a newspaper meing may be obtained ppublished at from the office of the District Naples, in said Collier County, Florida, and that the said Manager, seven (7)days in ad- vance of the meeting, and on newspaper has heretofore been continuously published in the District's web site www.w said entworthestatescdd.org or by phoning(954)658-4900. Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as The meeting may be cancelled or continued to a date, time second class mail matter at the post office in Naples, in and location specified on the said Collier County, Florida, for a period of one year next record at the meeting. preceding the first publication of the attached copy of In accordance with the provi- advertisement; and affiant further says that he has neither lions of the Americans with Disabilities Act, any person re- paid nor promised any person, or corporation any discount, quiring special accommoda- rebate,commission or refund for the purpose of securing tions or an interpreter to par- ticipate at these meetings this advertisement for publication in said newspaper should contact the District issue(s)dated or by publication on the newspaper's Manager at (954) 658-4900, at least five (5) days prior to the website, if authorized, on date of the meetings. If you are hearing or speech im- paired, please contact the Florida Relay Service at 1-800- Issue(s)dated: 04/03/2022 955-8770, for assistance in contacting the District Office. If any person decides to ap- peal any decision made with respect to any matter consid- Subscribed and sworn to before on April 3,2022- ered at these board meetings, such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is made at their own expense and which re- cord includes the testimony lacy, tate of Coun Brown and evidence on which the appeal is based. S !(� Wentworth Estates Community District Development My commission expires James P.Ward District Manager 4/3/2022 #5168093 Publication Cost:$245.00 Ad No: 0005168093 Customer No: 1308466 PO#: NANCY HEYRMAN #ofAffidavitsl Notary Public This is not an invoice State of Wisconsin 16I n Ott ?'rw&,i• NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# WENTWORTH ESTATES CCD 2099270 Wenworth Estates Pub Dates August 27,2018 September 3,2018 • GLi<< Q(Sig/n? ure of affiant) I , ' . KAAOL EI(ANGAS of Florida Sworn to and subscribed before me 1 ' C�amiskPubliciniGGGG1226041 This September 04,2018 1 `•,'"'' MyCanm,ExpIrockd29,2021 eandietThAtaawrikftyma WW1 \- cvy‘e-dao (Signature of affiant) 24A J MONDAY,SEPTEMBER 3,2018 1 NAPLES DAILY NEWS t V L An intimate farewell as McCain buried at Naval Academy Family,friends, former classmates ` �� r;fir -4 r x l :;' „1 '— sr',. . share his final journey :.' y 7 • �rr �' Susan Walsh F • -jfiT,a } '••,s." -ASSOCIATED PRESS �+ y ' •��f'�' ' lir 4Ar ANNAPOLIS, Md. - Sen. John it`I" :1 a - ..'- `sh t-. ,y McCain's final journey ended Sunday on 11 ••'er. - .•- "- ,y p - a grassy hill at the U.S.Naval Academy '• PP r* ✓ -:.it., •' .y of a, .�,,. within view of the Severn River and ear- •r- • e ., _ r shot of midshipmen present and future, _ « y and alongside a lifelong friend. - • a y,. ,.), ( A horse-drawn caisson carrying the 'a senator's casket led a procession of mourners from the academy's chapel to } 11 its cemetery following a private service r * -✓ The senator's widow,Cindy,and his chil- 1'1 • A4,, �'' . II r a Y dren were among those who walked be- } hind the caisson.Joining them wereI ,. h • .�t�.- '- i r I a I' 1!I - family and friends as well as members of ,-4,� � `.••• __I _.- _ `'7. McCain's Class of 1958,military leaders aait t a• .{ i 11 and academy midshipmen. ;' •At about 4 p.m,a flyover of military G - I h ., ne _,; aircraft honored the Navy pilot who was - shot down over Vietnam and held more ' I i I 8-;t, 1y`- - T`: ••• it a—.- "•IV/ I- 1 than five years as a prisoner of war. —^ _ y1.,I i 1 V 7 ei 1111- ' \ ; `, " ,l/ ,1 1.,. After the American flag was removed - 1 from the casket, a grieving Cindy --- _ McCain pressed her cheek to its surface A horse-drawn caisson carries the casket of Sen.John McCain on Sunday.McCain,who died Aug.25 at age 81,Iwas buried and McCain sons Jimmy and Jack at the U.S.Naval Academy Cemetery in Annapolis Md.JOSE LUIS MAOANA/AP shared a hug. The burial was private as per the wishes of McCain,the Arizona Republi- hearts and waved American flags.Some vided by McCain's office were Frank much of Trump's presidency. can and 2008 presidential nominee died shouted,"God bless you." Gamboa,his academy roommate;De- "There's a lesson to be learned this Aug.25 from brain cancer at age 81 People in the crowd held signs that fense Secretary Jim Mattis; and two week about John McCain,"said Graham. One scheduled speaker at the service, read"Senator John McCain Thanks For men who were POWs with McCain in "No.1,Americans appreciate military Sen.Lindsey Graham,R-S.C.,said be- Serving!Godspeed"and"Rest In Peace Vietnam,John Fer and Everett Alvarez service....If you work hard and do your fore the service that he would tell the au- Maverick" Jr. homework and know what you're talk- dience that"nobody loved a soldier more For his final resting place,McCain Tributes to McCain began Wednes- ing about,people will listen to you.That thanJohn McCain,that I bear witness to picked the historic site overlooking the day in Arizona and continued for the re- if you pick big causes bigger than your- hisconunitmentto have their back,tray- Severn River, not Arlington National mainder of the week. On Saturday, self,you'll be remembered,"he told"Fox el where they go,never let them be for- Cemetery,where his father and grandfa- speeches by his daughter Meghan and News Sunday." gotten."Also expected to pay tribute ther,both admirals,were buried. two former presidents - Republican "He tried to drain the swamp before it were David Petraeus,a retired general Years ago,Chuck Larson,an admiral George W.Bush and Democrat Barack was cool,that you can fight hard and still and former CIA director,and McCain's himself and an ally Uuoughout McCain's Obama-remembered McCain as a pa- be respected.If you forgive,people ap- son Jack. life,reserved four plots at the cemetery- toot who could bridge painful rivalries. preciate it,and if you admit to mistakes, As the hearse carrying McCain two for McCain and himself,and two for While their remarks made cleartheir ad- you look good as a stronger man.That's passed through a gate and into the acad- their wives,now widows.Larson died in mirationfor him,they also represented a the formula,John McCain.This was a emy,there was loud applause from the 2014, and McCain wrote in a recent repudiation of President Donald civics lesson for anybody who wanted to several hundred people lining the street memoir that he wanted to be buried next Trump's brand of tough-talking,divisive listen.Why do we remember this man? outside on the hot and muggy summer to his friend,"near where it began." ,politics.Trump and McCain were at Because of the way he conducted his day.Many held their hands over their Among the pallbearers on a list pro- odds during the 2016 campaign and for public life." WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT NOTICE OF PUBLIC GETS;AND NOTICE OF PUBLIC HEARINGG TO ITO CONSIDER THE IMPOSITION OF MAINTENANCE A DER THE ADOPTION OF THE FISCAL YEAR 2019 BUD Bonita Springs BEST 55+Resort-Style OPERATION SPECIAL ASSESSMENTS;ADOPTION OF AN ASSESSMENT ROLL,AND THE LEVY, Rental Corn llll/rl l t y COLLECTION,AND ENFORCEMENT OF THE SAME;AND NOTICE OF REGULAR BOARD OF SUPER- VISORS'MEETING. The Board of Supervisors for the Wentworth Estates Community Development District will hold two public hearings and a regular meeting on Thursday,September 20,2018 at 8:30 a,m,at the TPC Tour Club,9800 Treviso Bay Boulevard,Naples,Florida 34212. The purpose of the first public hearing isle receive public comment and objections on the Fiscal ,� -�r Year 2019 Proposed Budgets.The first public hearing is being conducted pursuant to Chapter 190,Florida "sJ Statutes.The purpose of the second public hearing is to consider the imposition of special assessments to - • • fund the District's proposed operation and maintenance budget for Fiscal Year 2019 upon the lands located �t I within the District,a depiction of which lands is shown below,consider the adoption of an assessment - roE b,and to provide for the levy,collection,and enforcement of the assessments.The second public hear- ' '1us•, � rig is being conducted pursuant to Florida lawincluding Chapters 190 and 197.Florida Statutes.Al the s • conclusion of the public hearings,the Board will,by resolution,adopt the budgets and levy assessments l . ' • to fund the operation and maintenance budget as firmly approved by the Board.A regular board meeting - • _!¢ , of the District will also be held where the Board may consider any other business that mayrl - ' before it. PIOPe ycpm. .I I t.� .��'..' A copy of the proposed budgets,preliminary assessment roll,and the agenda for the hearings - and meeting may be obtained at the offices of the District Manager,Phone(954)658-4900,during normal _ - '- business hours seven(7)days in advance of the meeting.In addition,you may obtain a copy of the pro- posed budget immediately sp the District's aweb site:urww wssessments and ar org In The special assessments. chinare e recurring assessments and are it addition tom inters previously levied debt assessments.The tebe below presents the proposed schedule of operation and maintenance assessments for Fiscal Year 2019.Amounts are preliminary and subject to change at the hearing and Many future year.The amounts are subject to early payment discount as afforded by law.Note that the opera- tions and maintenance assessments stated below do not include any debt service assessments previously levied by the District and due to be collected for Fiscal Year 2019. Proposed Schedule of Aesessmens. - !r 1 DESCRIPTION FY2019 A i , • Residential(Per unit) $176.09 j -I J I i r-1 l e "1 J J _J I Z Commercial(Per unit) $178,09(Assigned 92 units) J_ - The tax collector will collect the assessments pursuant to the uniform method,The District may choose to collet the assessments for developer owned land not pursuant to the uniform method. This includes application fee,security deposit, Failure to pay the assessments will cause a tax certificate to be issued against the property ,J which may result Ina loss of Otte.All affected property owners have the right to appear at the public hear- ings and the right to file written objections with the Distract within twenty(20)days of publication of this and first mortth7s rent! notice. The public hearings and meeting are open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development District..The pubic hearings and meet- >>Join the fastest growing community in Bonita Springs may y b continued to a date,time,and place to be specified on the record at the hearings or meeting. There may be occasions when staff or board members may participate by speaker telephone. Any person requiring special accommodations at this meeting because of a disability or physi- cal impairment should contact the District Office at(954)658.4900 at least forty-eight(48)hours prior to R - "-" the meeting.B you are hearing or speech impaired,please contact the Fonda Relay Service by dialing 7-1-f,or1-800-955-8771 I>Th/1-800-955-8770(Voice),for aid in contacting the Distract Manager's Office » Luxurious apartments with an Each parson who decides to appeal any decision made by the Board with respect to any matter • a I' considered at the public hearings or meeting Is advised that person will need a record of proceedings and amenity-rich clubhouse I a—s that accordingly,the person may need to ensure that a verbatim record of the proceedings is made,includ- ing the testimony and evidence upon which such appeal is to be based, tt Rents starting at$1,955/mo. Wentworth Estates Community Development District o NO entrance or buy-in fees fir - ` `.'. - James P.Ward,District Manager �•.-;',\�. �`y c Heat,water,trash,and sewer induded �,. ,, Schedule a tour before the offer • • �r _��' expires! (239)221-6087 ,,i i. • i s Diamond Oaks y® www,DiamondOaksVillage.com VILLAGE , � 24110SouthTamiamiTrail Publication:August 27,September 3,2018 ND.2099270 Bonita Springs.FL 34134 1 6 I NDS only sends one copy of the actual ad with the affidavit. JPW r:AapirsJaihI NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# WENTWORTH ESTATES CCD 1862340 WE notice of public Pub Dates January 9,2018 January 16,2018 ti2642 (Sign ture of affiant) KAROLEKANGAS Notary Public-State of Florida Sworn to and subscribed before me Commission rGG1�a, t f. This January 16,2018 .? !" otddlMy "" "� �, f I and � ,•,..,: a�aaelhiaaphKNlaWxoYryAwt ( (old q c Q (Signature of affiant) NAPLESNEWS.COM 1 TUESDAY,JANUARY 16,2018 1 16A NOTICE OF PIIBLIC HEMUNGS TO IMPTASITION OE SPECIAL ROLL SMENTS AND CVS bans digital modification FI ADOPTION ADOPT STATUTES,OFAN BY THE WENTR ORTH FESSUANTTATM TO SECTIONS COMMUNITY 170.02 DEVELOPMENT DISTRICT t • of photos for store brands NOTICE°ESPECILMEEIINGOF THE WENTVORTH ESTATES OMM NITS DEVELOPMENTDISTRICT 16 �AND l a The Board of Supervuoss("Board",of the Wentworth Estates Community Development District("DM riot"1 will hold public heacuya and a special meeting on Monday,hussy 29,2018,a 6,00 p.m.N TPC Tam Club,9800 Treviso Bay Boulevard,Naples,Florida 34113.The Dumas is a spend purpose unit of local government established pursuant Pharmacy says it will is real and true,"Foulkes said in an in- t^Chapter 190.Florid,sntma The,Dinticv is comprised of approxwalely 973 aura and u locale]in Collier terview."To try to hold ourselves lip to Gmnty Flondayingwnhln S717.930.11.ana 12.Town rIi.,,mih.R,ngc 26Em.Morepreciaty.,he main projectenuanck i Hammock L's41and'S)) Bay' M',prviowm,, 1,f mem45000 WnCouhtyRoad place label on others be like those women is impossiblek be- a61 mun ty Den l pment ao„1 end I,, The ITasia)prSeviously A usual its Bonds, 2006AWentworth("Original cause even those women don't look like &mmwicc fund all or a p Dusis the(CoDiu County, al imp)Seem Assessment ct"). Series din("Original Nathan oom"),ed E all or,portion of the District capital es Community improvement plan("Proles").a described in more detail USA TODAY BarneyY how they appear m those i photographs."editing ,n the Rn g Inc.Engineer's:Report r September the W'mtwonh Evma Community d/or tvpment Dv up prepared en lohmon The company's ban on image editing E^d^==i^g oe.and NOR,Apo 1O,and 9.2c,. a supplemented t e"Eng revised by supplemental engirt«ring in its own beautymarketing,including wpru datedApr,luacuge anstorand ,nc.ug12ni unpivdy.thei,water"Engineer's Papn"j.Theaud otlnduated a without limietionovemeneandnormwnal Bonds are sec red byem<ms,wbt assessme sewesnts f("Origi and otherCVS Health said Monday it will ban store aisle displays and social media infrastructure,mPmremenu.The Original Bonds are secured by spend deb,wesamenD("Original Assessments") photo manipulation in its store-brand posts,Is scheduled to take full effeetb Imedonall bcecfiuedhnds within the District To lake advantage of current interestutr.,he Distiol isun,ideriIA Y rclinnnnng the Original B.nJa. makeup marketing and promotional April 2019. The purpose of the hearings is to consider the adoption or an assessment roll and the imposition of special dens displays, a move that acknowledges For other suppliers,the retailer will assessments("�^naneed Am^men'a"l n stone he proposed refinanced bonds("Refinanced Bondi')and on growing awareness of the harmful na- place an Icon with a"digitally modified" ,,.,,,N lands within t,c d,a,,A TtriITat,jso 0lb of the lands i fir to the Rcfinanacd Auuad bark is g Y and in the EnThereransalareas that arc the subjectmthe proposed R<fivmced Aueumens arc depre,ed below lure of touched-up images. warning message on any marketing ma- and in m=Enginari Report. The nations largest drugstore chain terials that don't comply with CVS'new The public hearvgs are being mnduemd puauav,to Chapter,170,190 and 197.Florida Stamina.A de idinn will also require other makeup and standard by2020.The company's oaf the pmpmy to be h Terrace. the amount m be aumed m each p7I l 1 pared of propeny,my be saartamed ers include larg- 6 29m Nor by wiling Tenue.Steil I.Oakland Pah.Flnnda 33J34(of the p Mchearin°ales,")Board m(y beauty brands that sail products m its est beauty product suppliers 6584900,or by vui,ing www.wmtwrthaniucddoq.At the wndmion of the public hearing/the Board may.by aisles to commit to a photo-manipula- Procter&Gamble,Johnson&Johnson, ,<snln oi"i levy R=',7,V Aa,,l,m<nt,as b,its appmvN by the Bc,ard r.aal,toed mating of 0te Ddtin winds lie Heldwhere the B..mmaymn<tn<r anytoner nwmaa teal mar pmpaly come Her ren. lion ban by 2020,or face havinganalert Unilever,I:Oreal,Maybelline and Cover- sdan9r aJ Aaawwm, label placed on the images. Girl owner Coty. The Distna intends to imp,,and/or,,-alloate non-,d valorem spend assessments on benefited lands within the With 9,600 stores nationwide,CVS is Images and products that haven't Disvim(ie the Refieanad Aesesanwns)in the manna tat Lwh in the District's smn 2006A Refinamzd Bond, one of the nation's largest sellers of been changedSadist A'it,s A men RaIse by ila ,i.,Aandauri g no and band,hours at t4.30n ct Marna„,,,, arg will get.new label called Reprt^j,which Amassment Report u on file and available during normal Muinus hours as this District Mameeri beauty products,giving the company the CVS Beauty Mark."If someone de- other.The mow by whidr the adr+mtion or assessments u to be,TM is set B+rth m the Assessment Report and significant influence over makeup mar- cides they still need todi tall modify a Rnpolanp,anmvd,,a,allomia,by pndumrype arcusn,eing inth,00a,d ant Repri.which Aucume^t gi Y dify a<prt war,prarnted,nd,ppmwa.t th<Ixamber l4.z017,meting or the ao,ed. keting. photograph,what we want is for girls The Assessment Rcpon identifies each tax parcel kemificatiu^number within the District to be assessed and the CVS Pharmacy President Helena and women in our stores to know that," auaamenu per parcel for each lane use category to hem/eased.As stated in the Assessment Report,the assessments arc levied based upon Equivalent Residential Units(URI.$)that have been assigned per product type.The proposed Foulkes, who made the official an- Foulkes said. schedule Al aaesamanu per product type for the Refinanced Assessments am err lnBnw, nouncement at the National Retail Fed- The move puts pressure on major eratiori s convention in New York,said CVS store makeup sellers to follow suit. the decision reflects an acknowledg- Early indications suggest that makeup ment that"unrealistic body images"are manufacturers may do so. "a significant driver of health issues," "Revlon and all of the brands in our se tot in 1,19a.20 23,453.36 especially along women. About company's portfolio support CVS'mis- Hr.partial 1 1,39216 Korey 80 percent of the chain's customers are sion to present positive and authentic 60.30t 75 1.904as 23,,013.46 women. images of women that reflect their indi- 60,0..1 1 1,440.64 20,440.83 "We're all consuming massive vidual characteristics and personal dis- IS Let 205 2.293.44 llzsat o2 amounts of media every day,and we're tinction,"Revlon North America Presi- 'm''^t 17 3,163.17 4629b.61 not necessarily looking at imagery that dent John Collier said in an email. Iw•let wrtai is 3.0479: 39,314.65 150'W 10 3,91301 55,531 96 150'lot meal 1 3,01.87 40.552.00 Coach limes 194 1,190.19 16,98663 Digitally 1 Original Mary Comomu,ae 204 1,011.91 u,4a2.e6 .glt^:fat, Story Contlomninm 600 BSaM 12,159.30 Commercial 1 01,00133 581,191.69 WIl Course , l I Total.• 1410 i 1` �. Zs,�! n: ) radar " ��!) - A digitally modified image,left,previously used in beauty product marketing �•! \ and the original image.cvs HEALTH 's 1 `raw 4 a s. / '�•1 a w.- 14 1 Seniors: Let's meet for Lunch! �• ,.-- is, MEI Seminar about Hearing Loss,Ringing Ear and Hearing Aids .'• �� J. -et f.4 \N• I` 3n PEOPLE ', ,- x'' t a - •, Dr.Katz �e_� —, NEEDEDReturns Fa,FREE Lunn . { , ' II 5.98 l by Popular Demand! For all Refinanced Assessments,and aubeet to any rate increase due to the bonds being deemed taxable,the District expects to collect no more than 527565.000 which reflects the aniinpated maximum par amount of the Refinanced ' w Bonds to be secured by the Refinanced Aunamens exclusive of fro and mats ofwlkctioe or enforcement,gross up • for early payment discount and the annual interest roan.On an anal basis.the District would colleen a maximum Did we mention it's FREE? T % amount d I SI9fial'2.5ope dthrough h f b Refinanced Bonds on May I,2037 I of tes,ay bep padm wh I- tan«s or may bep d in not more twenty(20)annual installments. M h ofh Refinanced Bonds.All am stated e Who:Anyone interested in Hearing Health Care! which may by h g Also.h Ientitled'Estimated 2018 S P Debt Outstanding'is inaddition to interest,rnlksnn costs and early parnent discounts The uhuf,a is not mt,nding the as of the Original Bonds pan of the refinancing,and so any savings a vould be as a mutt reduced interest rates. Perkins FORT MYERS Perkins BONITA SPRINGS NOTE The bond structure,lb.5 1,and diumsed in the Assessment Report contemplates a public offering with Tuesday,January 16th 02 PM Wednesday January 17th 62 PM semorhnA u irate aroaure,the Dunne,has also received a term sheet to do a direct bank pinata placement,which 14801 Tamiami Trail,Fort My 27941 Crown Lake Blvd.,Bonita Springs ,he District continues a negotiate.The internal rise quoted in the term sheet received by the District 6r such private (Gladiolous/Six Miles Depress&r41) (Corner of 41 and Bonita Beach Road) Placement u3>:h.If the District pmaeds with the private placement.the District will receive a legal opinion from he Districts Bond Counsel at the time of issuance of the Refinanced Bonds that the Refinanced Bonds are being Perkins NAPLES Perkins ESTERO a net on a tax-exempt ban That said.in the event that the Refinanced Bundy arc ever determined to be,fixable. tas^ppwen to tax-exempt,the Refinanced Aammmu will he a.husre t uupward(i.e.,assts.the maxwum amountsThursday,January 1 Bth m 2 PM Friday,January 19th 49 2 PM 3565 Pine Ridge Road,Naples 20320 Grande Oaks Shoppea Bind.,Estero se'forth herein),and without further notice.to reflect a tax equivaket yield of 523N,and may additionally include (Just West of 175,Next to Healey lesidaon) (Corkscrew&Ben Hill Griffin penalties pas'due rntemt,or other amounts due to governmental entities andfor bondholders as a consequence of he Original Bonds or Refinanced Bonds losing their tax exempt satm.Such amounts would be upre sly included u part of the RennaneN Assessments. SEATING IS LIMITED! ',Man Option Assessment, B Aar ivdiuted alcove,the pnampal amount of the Refinanced Benda wall be increased slightly as comparM,o theexu,ing priming amount of the Original Bonds in order to pay f r the closing costa of the refinancing.If you want to prepay You must R.S.V.P.to ensureaA�a Lunch RIeservation! in ull they Man lamuni of th29unNNnh t 12th tort.gone issuance of PeRefilunssd Bon.pleaseat contact Call239 208-6827 {�17a ,1900fnrpay-rt instructions THEIAST DATE FOR PREPAYMENT OF THE.ORIGINAI.ASSESSMENTS, ' oar AND BEFORE THE REFINANCED ASSESSMENTS ARE EFFECTIVELY LEVIED,IS 5:H P.M.,MONDAY, l JANUARY 15,2018.PREPAYMENTS MUST BE RECEIVED BY THE DISTRICT MANAGER AT THAT (It your plans change.please let as know so we can invite another person from our wait list TIME.These debt assessments are in ado, to any operations and maintenance aa,smeets levied annually by the District.and.aswNingly.any prepayment will nut affect such operations and mamtenana amessmcnts. Ca terie"a/Armament, WE WILL EDUCATE You ON THE TRUTH ABOUT HEARING AIDS Ann issuance of the Refinanced Bonds,the Refinanced Assessments may be prepaid M whole at any time,or in LEAVE YOUR CHECKBOOK AT HOME.No he aids will be sold at clads seminar. some in pan'or may be paid in annual imtallmens and through maturity on May I,2037.These annual 'ring wi0 be collected on the Collin County tax roll by the Collier County Tax Collector.Alternatively.the District may choose to directly Collect and mkt me these assessments For delinquent assessments that were initially MEET YOUR"LUNCH AND LEARN"PRESENTER: directly billed M.the District,the ihstria may minute,foreclosure action or may dace the delmcpsen,assessments n the next years county tax ball.The decision to collect special assessments by any particular method-e g.,on the Dr.Jamie Katz.AuD from Starkey Hearing Technologies.Dr.Katz will offer . x mu or by direct bill-does not mean that such method win be used to wile.special assessments in future years. and the District reserves the right in its.ode discretion to select collection methods In any given year.regardless of pact insight into the remarkable advancements in hearing aids in the past several practices.It I,important to pay your assessment since failure to pay win muse a tax certificate to be issued against years including digital technology,directional microphones,wireless and tnd property which may result in loan of tine,or for dime bored assessments.may result in a Duevinsure action.which also say result m a loss onale. Bluetooth applications,extended wear devices,and the invisible solutions beldam,5r for dealing with hearing loss.He will help sort through the Also.at the date.time and place identified above.the District's BuaA will hold a public mating m consider any other business that may lawfully bervns erect by the FloridaIncncrung and hearings are open to the nubile and will be many questions concerning hearing loss,consumer reports, conducted in accordance with the provisions of Florid law for community development districtt. s J ' and hearing aid prices and answer all questions about the AAlAiae✓N.da Pr.vuiue. rJ often confusing features and benefits of hearing aids. He A nary of the agenda(s)for the roaring and public heart,/may be obtained from the District Manegni Office from the District,websise at wwwwenttwrthestatescdd org. The public hearings and mating are open to the will also discuss the exerting new made-for-Apple(Phone nubile and will be conducted in accordance wan the provisions of!Ronda law for community development districts The public hearings and meeting may be wnonued to a date,time and plan to be specified on the record.There device called HALO,which gives patients who have Apple may be occasions when staff or Board Supervuon may participate by rpakcr telephone.Any pmun requiring Dr.Jenne a special accommodations at the haringa0 mecum haam<of a duandiiy or physical inlus uant should contact the u. devices more control over their hearing aids than ever before. District Manager's Of is at(954)658-4900 at least five(5)calendar days poor to the meeting.If you are hearing or speech unwind.peer come,the Honda Relay Service by tiding 7.1-I.er 1-800-955Y]71(Try,/1-800-955-8270 (Vo.I§CHOGLUND FAMILY HEARINGAND AUDIOLOGY CENTER tics-, Allaff,tmlpr aid wwnudirshang v tiniohct pp. :,c CAll aRmtN objecuyuwnenhe itrictMnaers and wmmenwety(20).hearings anal of and may also HISfile wnrrev decides t appeal the District Manager b Office Board twenty act days nl issuance of rho notice.Each Southwest Florida linnidls Nearing Calder parson who decides to appeal any d>uion made need a e Board with react to any rattler mmidered a the public hearings or coaling is Nvi,ed that parsec will nests a record or pmaeding,and tnal,aommgh�,the parson may To RSVP Please Call(239) 208`6827 'r"""'� need to mane that a verbatim record of the proceedings is made including the teatime,and evidence upon which such appeal it to be based. or small Madellnef@HoglundFamllyHeaelng.cem W'sNTW'oRri ESTATES COMMUNITY DEVELOPMENT DISTRICT DAMES P.WARD,DISTRICT MANAGER Malt www.HoolundFamlMHearing,com/education-semlBua himary98.16,2018 ND-1862340 "It Ar ?'apLrø at NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# WENTWORTH ESTATES CCD 1926965 NOTICE OF ANNUAL MEE Pub Dates February 16,2018 • (Sign ture of affiant) 1 ——— KAROLEKANGAS of Flo Sworn to and subscribed before me 1 f. Notary Commission w26041 ' i This February 16,2018 `? + ° MyCom. "` 29,2021 mQD l� 1 warm Nmwria.r (Signature of affiant) SOD 1 FRIDAY,FEBRUARY 16,2018 I NAPLES DAILY NEWS �`� � Allttltoottlll's file S.IIc` CI.,.. .1 r, 1.,;'.,�i� {';;,.I N.1 {'t111i1,N,I , Request for Billstit jy 1984 CHEVROLET CORVETTE 1927 STUDEBAKER the above referenced facility QUARRY COMMUNITY As noted below,proposals will Quality Enterprises USA, y'(\■ white immaculate condition VICTORIA COUPE$12,500 DEVELOPMENT DISTRICT be opened publlcally at that Inc.is seeking quotes from li it' must see$15,500 olio call 1931 MODEL A ROADSTER in order to complete the REQUEST FOR PROPOSALS date,time,and location;those Certified DBE,WBE and MBE (440)554.5215. ORIGINAL 0 BOTH CARS GOOD transaction. Extra Space FOR CONSTRUCTION received after the time and subcontractors and suppliers ORIGINAL(239)860-2726. Storage may refuse any bid SERVICES date stipulated above will be for the following project: 1994 RUl VK anLEsp6RE- and may rescind any winning bidder COLLIER COUNTY,FLORIDA returned u-opened to the DeOendfl0.transportation. 1966FORD MUSTAee-90%to ap OE. p until the sio f the proposer. Any proposal not Turf Runway Drainage $1,200/obo.3 V6e(810)g969- clate.$7dr p Min.sherd owner. takes possession of the Notice is hereby completed as specified or Improvements at Arcadia HYUNDAIA CENT Mate.S75k(23.)692.d Owner. February property. that the Quarry missing the required proposal Municipal Airport Make otter.(239)692.9013. February 16.23,2018 given y documents as provided in 2004 hatback4c1,Auto Community Development willt 2dr he front ires.Auto AC/, CADILLAC-I957 Whit top.Very Na.1925366 cei proposals i the Project Manual may be De Soto County, New front oires,brakes, Red with White top..671 receive Propposals for its Irma disqualified. Arcadia,Fit No.Florida battery&uns very good i. nice.$125,000 315729.6714. Nlltil:l'Of 1..1,'�I. DamageShoreline Repair FDOTe Fbruary0025 &ru 439)91230$2450 "" Project(the"Project"). All questions Quotes Due February 20,2018 (239)961-2307 - regarding the Project 2002 FORD THUNDERBIRD IN THE CIRCUIT COURT OF The contract will Manual or the Project shall Interested firms Should Hard Top Convertible 2010 CHARIOT PARK MODEL THE TWENTIETH JUDICIAL require contractors to provide be directed in writing only submit a detailed letter of white orig.condition,preen 37 FT,W Lanai,55 s.Senior CIRCUIT,IN AND FOR COLLIER construction services for Me to the District Engineer,J.R. interest which includes: sound&Ithr immaculate Living,Turnkey(239)825.3619 COUNTY,FLORIDA. Project,as more particularly Evans Engineering,P.A.,9351 List of services provided, S14,750(239)775.4288 described in the Project Corkscrew Road,Suite 102, Copy,of Certification,list of CASE No.2008-CA 7848 Manual and in accordance with Estero.Florida 33928,josh® reviously completed projects 2000 BUICK LESABRE Vt`IIi1:I,�.W,1,114"I the plans and specifications. phoneseneines com. Na with references. LTD,Perfect Condition,one DITECH FINANCIAL ILLCNG F/K/A phone inquiries please. owner,garage kept,100K ACl TOP DOLLAR PAID!for GREEN TREE SERVICING LLC, The Project Manual Information can be faxed to miles.$2500(239)774-7560. Classics Cars,Muscle Can, PLAINTIFF, will be available beginning Kathleen Dailey Meneely (239)435.7202 2000 MERCURY SABLE G5. 65ports Cars.(239)221-3000 March 2,2010,at 10:00 a.m.,at District Manager VS the following websde:www. An EEO/AAP Employer 53K original miles,end owner, ABSOLUTELY ALL AUTOS- PIPER'S POINT CONDOMINUM quarrycdd;Org. The Project QUARRY COMMUNITY February 16,2018 No.1927236 (x.3)773.white/gray 0iEst$2,495. Wanted! UPI or A9-i 6-T6pp$ ASSOCIATION INC.,ET AL. Manual will include,but not DEVELOPMENT DISTRICT (732)773-8450.in Estero FREE PICK UPI 239-365-6M0 DEFENDANT(S). be limited to,the Request February 16,2018 No.1925428 2007 FORD MUSTANG CORVETTES WANTED for Proposals,proposal and u There'SIDplaeehkchet 6 CONVERTIBLE Top dollar.Cash today.Call NONCE OF FORECLOSURE contract documents, and and �QThNesmdxellehere! Deluxe V-646kmi.exl.cond. 941.809.3660 or 941-923.3421 SALE constructionNaples DailyNewslocalfieds 598(703)489.2127. specifications. XIpINDaiti NewsLNllfieds p STEARNS MOTORS NOTICE IS HEREBY GIVEN 20068MW XS-white,good condition,needs waterpump. MOST TRUSTED of Foreclosure Final Judgment There will bra Pre- P.M.'Not Iii... Public Notices 141K miles$5000 BUYER Since 1977. of Foreclosure dated January proposal conference at the All Vehicles wanted 31,2018 n the above action, office of the District Engineer, (239)263-7401. All or Jim(239)774-7360 I will sell to the highest bidder J.R.Evans Engineeringg,P.A., NOTICE OF ANNUAL MEETINGS 2001 FORD TAURUS for cash at Collier County, 9351 Corkscrew Road,Suite WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT 4DR,White,V6,65.200M1. WE BUY CARS,TRUCKS,SUPS, Florida,on March 1,2018,at 102,Estero,Florida 33928,on The Fiscal Year 2018 Regular Meetings of the Board of Supervisors $1,690(239)793-8366. Etc. Anything from $1,000 11:00 AM,at Lobby 3rd Floor March 9,2018,at 1:00 p.m. Tof he Fiscal Wentworth Estates Community Development District willtheir $100.000(239595- Please call Courthouse Annex of Collier be held on dates noted herein at 8:30 A.M.,at the TPC Tour Club, 2014 GX460SUY Sam(239)595-1021 Co. 1'o .mi rail, 3315 Proposals will be 9800 Treviso Bay Boulevard,Naples,Florida 34113. N White,Black int.Like E. Tamiami Trail, Naples, evaluated in accordance with Y New,Allged$4548Kmi. Auto P;11 ts..A„ FL 34112 for the following the Criteria Chided n the Ma 10,2018 Gars 70-19900. described property: Project Manual. The District y (239)370.1969. reserves the right to reject August 9,2018 (4)TIRES $30 polo FORD FUSION-RED. Like New Unit No.U-104 PIPER'S POINTE, any and all proposals,make New$360. The meetings are open to the public and will be conducted in Loaded,low mileage, (201)401.7768(in Naples) a Condominium according to modifications to the work, accordance with the provisions of Florida Law for Communit Excellent Condition.$9.300. the OR Book 1570,PG 1927. award the contract in whole y (239)793.1537 2006 of the Public Records of or in part,with or without Development Districts. A copy of the agenda for the meeting Collier County.Florida,and cause,provide for the delivery W be Obtained from the office of the District Manager, 2011 HYUNDAI GENESIS any amendments thereto Of the project in phases,and 1P &Associates,LLC,tat NE I2th Terrace,Suite 1, Silver.4 Door,4.6 liter,118K together with an undivided waive minor or technical ofOaklandthe Park,Florida 33334 at least seven(7)in advance Highway Miles,Pert Cond. share in the common elements irregularities in any Proposal, of the meeting,by phoning(954)658-4900. In addition,the $8950(732)672-7807 appurtenant thereto as It deems appropriate,if it agenda's will be available on the District's web site at www. determines in its discretion wentworthestatescdd.org. 2013 DODGE DART LIMITED Cemetery It tts60K Any person claiming an that it is in the District's best ea m$blue,loaded,extra interest n the surplus from interests to do so. Any meeting may he cancelled Or continued to a date,time and clean.531,500.(434)579-3237 ROYAL PALM side by side he sale,if any,other than the location specified on the record at the meeting. '98 CHEVY CORVETTE Silver, crypt.Tray,plate.Intern- property owner as of the date Each proposal shall In 90,548 mi;$9,500 best ment fees Inc.239.592.7283 of the bs pendens must file a be accompanied by a proposal accordance with the provisions of the Americans with offer.Call Alex(267)566-1103 claim within six['(60)days guarantee in the form of a DDisabr an iliities Act,any pto erson participate at these meetings a should Pet s,u1,ils after the sale. The Court,in bid bond or certified cashier's the District Manager (954 658-4900,at least five(5)days Swirls and lm{Inns time at its discretion,may enlarge the check in an amount not less ) of the sale.Notice of the than five percent (5%) of Prior to the date of the meetings.If you are hearing or speech ST.IUDE,THANK YOU changed time of sale shall be the total bid to be retained impaired,please contact the Florida Relay Service at 1-800-955- 'II CORVETTE GRAND SPORT FOR ANSWERING ALL MY published as provided herein. in the event the successful 8770,for assistance{n contacting the District Office. Chrystal red.65ppd,46K mi PRAYERS. JEANNE B. in the er falls a execute a New NI OLV$S80 olio pDate:February 1,2018 contract with the District and If any person decides to appeal any decision made with respect NI Dr.6 580 to any matter considered at these board meetings,such person Front wheel Dr.68K mi$7500 file the requisite Performance will need a that a verbatim the Proceedings and such person may need 1400 CORVETTE 79,CONY. DWIGHT E.BROCK and Payment Bonds and to ensure that a verbatim record of the proceedings is made at Clerk of the Circuit Court period specified within the time 1400 mi.Silver,E79,500.olio their own expense and which record includes the testimony and Call(507)530-3776SEIM period s0ecified in the Project evidence on which the appeal is based. By:/5✓PaleAtMurphy Manual. 19Maroon93 RUIET CORVETTE Deputy Clerk of the Court Wentworth Estates CommunityDevelopment District M Codlitionr7r00000 Aul'Ii1�tliPliblil'S,il„ Any protestperson this who dames P.Ward,District Mangr Condition 9-1717 0 TrombergPr Lawby: wishes r Mathis noticerany 0 (889)61-Mk NOTICE OF PUBLIC SALE OF 1515 South Group P.A. Or the Project Manual,or February 16,2018 No.1926965 2tan th BMW o Mk grit extr PERSONAL PROPERTY 1515 South Federal Highway, component thereof,shall file tan clean,lownro I6kmi, Boca 300 with the District t written Public Notices very clean,moon roof,hatch Notice is hereby ra given that Boca Raton.FL 33432 seventy-two of protest within baer,$050ci17)9inon Eputra blic auction tionOon e the sl sell at theepublica(72on hours after TE NOTICE OF DISPOSITIONCOMMUNITY PROPERTY N THE BAYSHORE/ $8750(917)972-6252. public aucedn l ,t storage If you are a person with y the publication o date ofel the GATEWAY TRIANGLVITATIONr a REDEVELOPMENTaFasA AREA AND fheilie of below,,to satisfy disabilitycom h0 needs any otihe,forior,protests related INVITATION FOR PROPOSALS 200312 BMW 330 a blue. s the lien of the owner,at bidding on accommodation in order tog, to the notice,or,for protestsnual, e m4. 5.Blue/blue. Runs. sale bh ,201p8 at9:3 AM aghe participateantin thle,at no cost re a the nt Pao(72)t aours Notice oy dispositionesleeof real prRedevelopment Area, r the County, shore/ Great$4,995.(239)825-3T06. March Space Storage facility to you are to thetl, ono cast within seventy-two Manual Gateway Triangle Redevelopment Area,Collier County,Florida 2004 SAAB9-3 AERO Conc.VG Extra Space Storage facility to you,to the provision of after the Project Manual s hereby given to private developers or any persons interested cond.lOK mi.per y silver located at: certain assistance. Please is made available,and Shall In undertaking to redevelop real property. Proposals must be loaded$3,200.(973)534-2642. 10550 Goodlete Road N, contact ADA Coordinator file a formal written protest submitted by those interested to the Collier County Bayshore/ Naples,FL 34109 Collier County,John Carter, with the District within seven Gateway Redevelopment Office,3570 Bayshore Drive,Unit 102, 2006 NISSAN 3502 CONY, In 239-919-4804 Administrative Services (7)calendar days after the Naples,FL 34112 by 5:00 pm EST on March 19,2018. Naples I6kmi.exc condition, Manager at 239-252-8800 date of timely filing the initial $14,500(313)618.2790 04101 - Jennifer Sheartl - 3315 East Tamiami Trail, notice of protest. m will Notice is hereby given that the Collier County Community 2008 BENREY GT SPEED Clothing Tables Suite 501,Naples,FL 34112 be Perfected and deemed to Redevelopment Agency(the"Agency")is calling for proposals Sapphire color.35,000 mi. 04118 - Rohelia Sheartl - at least 7 days before your have occurred upon receipt by and will conduct a subsequent public meeting to consider 4P Clothes Orscheduled court appearance, the District Manager,Special proposals concerning the means and methods for disposition of Esc.$65,000. (716)880-6374 04026-Autumn Evans-Misc. or immediately upon receiving District Services, Inc., The certain property and use rights-to-wit: 2011 MASERAT1 GT S COUPE Household items this notification if the time Oaks Center, 2501A Burns 1. Disposition of Lt Blue/Ivory,24K mi,Clean 04061 - Wesley Hrzenak- before the scheduled Road,Palm Beach Gardens, approximately 17.89 acres now owned Carfax$44.950239-331-7731 Bedroom furniture,toys,Misc. appearance is less than 7 Floridaoticeo.Failure to timely by the Agency(The"Subject Property")within the area known household items days;if you are hearing or file a notice of protestor failure as the Bayshore/Gateway Triangle Redevelopment Area(the CADILLAC XLR 2004 CONY. voice impaired,call 711. to timely file a formal written "Redevelopment Area"). The Subject Property is s located Exc.cond.41K mi.Garaged. Purchases must be made February 9,16,2018 protest shall constitute a within the 1,739 acres Redevelopment Area in Section 14, 522K/obo(239)776-8520. with cash only and paid at No.1916767 waiver of any right to object Township 50 South,Range 25 East in Collier County. The to or protest the contents of (parcels are more commonlydescribed as 4265 Bayshore Drive The District'sol written poteslt 4315 BaFOlio yshore Drriiive(Folio f53401680005).and 7J61840840003)and shall state with particularity the facts and law upon which As soon as feasible,the Agency desires to embark upon Wheels/Recreation the protest is based. a substantial redevelopment Collier County property located unincorporatedy pursuant to the Firms desiring aayshore/Gateway Community Redevelopment Plan approved to provide services for the and adopted by the County on June 13,2000. Pursuant to Project must submit one(1) Section 163.380.Florida Statutes,the Agency desires to sell, original and nine(9)copies lease,dispose of,or otherwise transfer real property or any of the required proposal interest therein acquired by it for community redevelopment no later than 12:00 p.m.on in a community redevelopment area to any private person March 16,2018,at the offices Or persons,or may retain such property for public use. Such of the District Engineer,J.Q. disposition must be consistent with a community redevelopment Evans Engineering,P.A.,9351 plan for the area,subject to such obligations,covenants, Corkscrew Road,Suite 102, conditions,and restrictions running with the land as County Estero, Florida 33928. The deems is desirable to remedy blightedarea conditions and carry Distri public will conducts out the redevelopment of the Redevelopment Area. specialal public meeting at 12:00 p.m.on March 16,2018,at its 2. The Community Redevelopment Plan represents the office to open the proposals. guiding principles for the redevelopment initiative.The Agency No official action will betaken has negotiated with Arno, c.since November 2017 for an interest at the meeting. The meeting in the Subject Property,ty,but has no commitment or obligation to is open to the publici and will accept such proposal.Copies of the Bayshore/Gateway Triangle be conducted accordance Community Redevelopment Plan,the draft proposal from Arno, with the provisions of Inc.,and accompanying explanatory materials are available Florida law including but on the Bayshore/Gateway Triangle Community Redevelopment not limited to Chapter 190 Agency's website at www.coll{er9ov.net or may be obtained from The key to selling of the Floridae Statutes. a the Collier County Bayshore/Gateway Triangle ledevelo men[ copy of the agenda for the Agency Office s res Bayshore Dr.,Unit d p Naples,iFL cy.an 2. meeting y he brained The Agency desires o i matter alternative good public pocon and is from th trict's manager,s eu jeep si law he S{ubr Property,and redevelopment at the District's Manager's the disposition of a Subjectdan rolledlo y the office.or(239)/41-5790.The proposals involving lands owned y and controlled by the your car starts here meeting may be continued in Agency.The Agency encourages proposals from any interested progress without additional and capable persons. notice to a time,date,and location stated on the record. 3. Responsible proposers must be able to demonstrate Pursuant to provisions of the that they have the skill set,financial and legal ability to carry out Americans with Disabilities any proposal made.Any proposal received will be subject to the Act, any person requiring determination made by the Agency that it is in the public interest special accommodations to and in the furtherance of the purposes of Part III of Chapter Reach local buyers in the Localfieds.Easy acanning help fobs find30ur participate in this meeting,is 163,Florida Statutes,relating to ecommunityredevelopment. asked to advise the District All proposers are encouraged to carefully review Part III of faster.diet ad in buyers Office at least forty-eight Chapter 163,Florida Statutes,and particularl.Section 163.380 listing your buye your engines! (48)hours before the meeting thereof relating to disposition of property if a Agency community by contacting the District redevelopment area.All proposals received by theAgency wig Engineer at(904)642-8990. be evaluated in accordance with Section 163.380;as well as,the If you are hearing or speech criteria and objective in this Notice. impaired,please contact the It is anticipated that one or more proposers will be selected to Florida Relay Service at 1(800) negotiate and enter into an agreement which will achieve the 955.8770.who can aid You in Agency's objective of(a)accomplishingthe Agency's community Place your ad online at naplesnews.com contacting the District Office. redevelopment vision.(b)best recovering the substantial costs incurred by the Agency in acquiring the lands involved,and(ts Because this is initiate redevelopment as soon as feasible. The Agency will a project for repair of an consider all feasible alternatives which achieve the foregoing - fd9 f;414i News existing public facility,the objectives,including alternatives which involve assisting the District is not required to Agency in implementing the community redevelopment by 1.ocalfLecIs comply with Section 255.20, further entitling and accomplishing the successful marketing of Florida Statutes and any the subject property for community redevelopment purposes. variance from such section or other applicable law shall not 4. The Agency unequivocally reserves the right to reject be grounds fora protest. any and all responses. This notice is additionally provided in order to comply with the requirements of Part III,Chapter 163 Reach the locals! Proposals shall be in Florida Statutes.Questions or further inquiries may be directed pp the form rovided{nthe Project to Debrah Forester,Director at(239)331.3266. Manual nd Submitted{n a sealed envelope pursuant to Reference No:BGTCRA Proposal ITN 17-7169 the Instructions to Proposers. Published:February 16.2018 No.192587! - 1.0 - • 161 1' MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Landowners Meeting of the Currents Community Development District was held on Wednesday, September 11, 2019 at 11:00 a.m. at the offices of Coleman,Yovanovich& Koester,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Landowners: Tim Martin Also present were: James P. Ward District Manager Greg Urbancic District Counsel John Wollard Ryan Futch Jeremy Arnold Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order Mr.James P. Ward called the meeting to order at approximately 11:05 a.m. SECOND ORDER OF BUSINESS Election of Chairperson Election of a Chairperson for the Purpose of Conducting the Landowner's Meeting Mr. Ward noted Mr.Tim Martin was the only landowner present. He requested Mr. Martin's permission to continue to conduct meeting. Mr. Martin agreed. THIRD ORDER OF BUSINESS Election of Supervisors Election of Supervisors I. Determination of the Number of Voting Units Represented or Assigned by Proxy Mr. Ward stated Mr. Timothy Martin with Taylor Morrison was present and representing the developer. He noted Mr. Martin was an officer of Taylor Morrison and as such was authorized to vote in today's meeting. 1I 16l1 Currents Development District September 11, 2019 II. Nominations for Supervisor's(Five Positions) Mr. Ward asked Mr. Martin to nominate five individuals to serve on the Board of Supervisors. Mr. Martin nominated Mr. John Wollard, Mr. Robert D. Summers, II, Mr. Brian Keller, Mr. Ryan Futch, and Mr.Timothy Martin. III. Casting of Ballots Mr. Ward provided Mr. Martin with a ballot and noted the two individuals who received the highest number of votes (516 votes) would serve a four year term while the three individuals who received a lesser number of votes would serve a two year term. He asked Mr. Martin to fill out the ballot. IV. Ballot Tabulations and Results Mr. Ward reported Mr. Wollard received 516 votes and would be sworn in at the next meeting to serve a four year term. He reported Mr. Summers received 510 votes and would be sworn in at the next meeting to serve a two year term. He reported Mr. Keller received 510 votes and would be sworn in at the next meeting to serve a two year term. He reported Mr. Futch received 516 votes and would be sworn in at the next meeting to serve a four year term. He reported Mr. Martin received 510 votes and would be sworn in at the next meeting to serve a two year term. FOURTH ORDER OF BUSINESS Landowner's Question or Comments Mr. Ward asked if there were any landowner questions or comments;there were none. FIFTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at approximately 11:08 a.m. Currents Community Development District James P.hard,Secretary John (lard, Chairperson 2I OFFICIAL BALLOT 16 I 1 CURRENTS COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING—SEPTEMBER 11, 2019 For Election (5 Supervisors): The two (2) candidates receiving the highest number of votes will each receive a four (4) year term, and the remaining candidates shall receive a two (2) year term,with the term of office for each successful candidate commencing upon election. The undersigned certifies that the undersigned is executing this Official Ballot in his or her individual capacity as landowner, or in his or her capacity as an authorized representative of the entity named below as landowner, (hereinafter, "Landowner") and that Landowner is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Esplanade Lake Club Community Development District and described as follows: Property Description Acreage ,FEE tQti- '.A [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this ballot is: "3-1 L I, Ao t tr--( VI-1! T I On my individual capacity as Landowner; or in my capacity as an authorized representative of Landowner, an entity; or as the proxy holder pursuant to the Landowners Proxy attached hereto, do cast my votes as follows: NAME OF CANDIDATE NUMBER OF VOTES 1. v (-t t--) W o L-(.A ^- 51 (e 2. 10 'r D- su1-M t( S,P 3. ti 1 A,..i Gu EA— s l 4. Z2`1)/4r-, TG(4 S t (o 5. 'T 1014-L-1 l�J 1.o Date: ""1 t t l 1 a1 Signed: Printed Name: tr,-; t°'1 NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g.,bylaws,corporate resolution,etc.). 1611 MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Currents Community Development District will be held on Wednesday, September 11, 2019 at 11:00 a.m. at the offices of Coleman, Yovanovich& Koester,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: John Wollard Chairman Ryan Futch Vice Chairman Robert D. Summers, II Assistant Secretary Timothy Martin Assistant Secretary Absent: Brian Keller Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Jeremy Arnold Interim District Engineer Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 11:10 a.m. and all Members of the Board were present at roll call with the exception of Supervisor Keller. He noted all Members of the Board were elected at the Landowners Meeting held just prior to today's meeting. ORGANIZATIONAL MATTERS FOR THE DISTRICT SECOND ORDER OF BUSINESS Administration of Oath of Office Oath of Office for newly elected Board Members from the Landowners Meeting of September 11, 2019 I. Administration of the Oath of Office i Page 16I1 Currents Development District September 11, 2019 Mr. Ward stated he was a Notary Public in the State of Florida and as such he was authorized to administer the Oath of Office to the newly appointed Board Members. He distributed copies of the Oath of Office,administered the Oath of Office, and asked the newly appointed Members to sign and return the Oath to himself. II. Form 1—Statement of Financial Interests Mr. Ward provided a copy of the Form 1 — Statement of Financial Interests to the Board Members. He indicated this was required to be filled out and filed with the Supervisor of Elections in the County in which the respective Members of the Board each resided within 30 days or fines may be incurred. He noted for those who were already Members of another CDD Board, the Form should be amended to reflect the Currents CDD. He briefly explained the Form 1—Statement of Financial Interests. III. Guide to the Sunshine Amendment and Code of Ethics Mr. Ward provided copies of the Guide to the Sunshine Law and Code of Ethics for public employees. He recommended the Board Members read through these documents. He asked if all of the Board Members were familiar with these laws and codes. The Board Members responded in the affirmative; all were familiar with the Sunshine Amendment and Code of Ethics. Mr. Ward noted if there were any questions, the Board Members should feel free to contact himself or Mr. Urbancic. THIRD ORDER OF BUSINESS Consideration of Resolution 2019-1 Consideration of Resolution 2019-1 canvassing and certifying the results of the landowner's election of Supervisors held pursuant to Section 190.006(2), Florida Statutes. Mr. Ward reported Seat 1 would filled by John Wollard with 516 votes, Seat 2: Robert Summers with 510 votes,Seat 3: Brian Keller with 510 votes, Seat 4: Ryan Futch with 516 votes and Seat 5:Tim Martin with 510 votes. He reported Mr. Wollard and Mr. Futch would serve four year terms while Mr.Summers, Mr. Martin and Mr. Keller would serve two year terms. On MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin, and with all in favor, Resolution 2019-1 was adopted as presented and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Consideration of Resolution 2019-2 Consideration of Resolution 2019-2 designating certain officers of the Currents Community Development District Mr. Ward stated Resolution 2019-2 named the officers of the Board. He noted a Chairperson and Vice Chairperson should be selected and the remaining Board Members would serve as Assistant Secretaries while he served as Secretary and Treasurer. He called for a simple motion. 2I 1611 Currents Development District September 11, 2019 I[ MOTION made by Mr. Tim Martin, seconded by Mr. John Wollard, and with all in favor, John Wollard was appointed as Chairperson and Ryan Futch was appointed as Vice Chairperson. _ �1 RETENTION OF PROFESSIONAL STAFF FOR THE DISTRICT FIFTH ORDER OF BUSINESS Consideration of Resolution 2019-3 Consideration of Resolution 2019-3 designating JPWard&Associates, LLC as the District Manager Mr. Ward noted Resolution 2019-3 appointed his firm, JPWard & Associates, LLC, as District Manager pursuant to the agreement which was attached to the Resolution. He noted the agreement had been reviewed and approved by Mr. Urbancic. On MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin,-'I and with all in favor, Resolution 2019-3 was adopted as presented and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS Consideration of Resolution 2019-4 Consideration of Resolution 2019-4 appointing Coleman,Yovanovich&Koester as District Counsel Mr. Ward reported Resolution 2019-4 appointed the firm of Coleman, Yovanovich& Koester as District's General Counsel. He noted Mr. Urbancic with Coleman, Yovanovich & Koester was present. He stated he had worked with Mr. Urbancic in many of his CDDs. He indicated Mr. Urbancic and his firm were beyond reproach with respect to the representation of governmental agencies. 'On MOTION made by Mr. Tim Martin, seconded by Mr. John Wollard, land with all in favor, Resolution 2019-4 was adopted as presented and rthe Chair was authorized to sign. SEVENTH ORDER OF BUSINESS Consideration of Resolution 2019-5 Consideration of Resolution 2019-5 appointing FMS Bonds, Inc.as District Underwriter Mr. Ward stated Resolution 2019-5 designated the firm of FMS Bonds, Inc. as the district underwriter. He stated the agreement was attached to the agenda package. He noted the fee structure was based upon the issuance of bonds at a flat fee of 2% which was standard. He stated he highly recommended FMS Bonds, Inc. 3I 0 a lot ' Currents Development District September 11,2019 On MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin, and with all in favor, Resolution 2019-5 was adopted as presented and the Chair was authorized to sign. EIGHTH ORDER OF BUSINESS Consideration of Resolution 2019-6 Consideration of Resolution 2019-6 appointing Greenspoon Marder LLP as Bond Counsel, and authorizing the execution of an Agreement with Taylor Morrison of Florida, Inc. and Bond Counsel waiving any conflict of interest,relative to Greenspoon Marder LLP representation of Taylor Morrison of Florida,Inc. in various transactions unrelated to the District Mr. Ward stated Resolution 2019-6 appointed the firm of Greenspoon Marder LLP as Bond Counsel. He stated Denise Ganz with Greenspoon Marder was on the phone if there were any questions. He reported he had worked with Ms. Ganz for more than 30 years and highly recommended Greenspoon Marder and Ms. Ganz as Bond Counsel. On MOTION made by Mr. Tim Martin, seconded by Mr.John Wollard, sand with all in favor, Resolution 2019-6 was adopted as presented and the Chair was authorized to sign. NINTH ORDER OF BUSINESS Consideration of Resolution 2019-7 Consideration of Resolution 2019-7 appointing Waldrop Engineering as interim District Engineer and authorizing the preparation of the District's Engineer's Report for the Capital Improvement Program for the District Mr. Ward stated Resolution 2019-7 appointed Waldrop Engineering as the Interim District Engineer, and authorized preparation of the Capital Improvement Program. He explained the CDD had the ability to appoint an interim engineer; later in the Agenda there would be a Resolution regarding the Engineering Full Employment Act (Chapter 287 of the Florida Statutes) which required the District to advertise for Engineers on a qualification basis. He stated this would be done at a later date, but Waldrop Engineering could be appointed to serve in the interim. On MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin, .and with all in favor, Resolution 2019-7 was adopted as presented and the Chair was authorized to sign. _i ADMINISTRATIVE MATTERS OF THE DISTRICT TENTH ORDER OF BUSINESS Consideration of Resolution 2019-8 4I Currents Development District September 11, 2019 Consideration of Resolution 2019-8 designating the Registered Agent' designating the Office of Location of the Registered Agent,and designation the offices or location as the office of record for the Currents Community Development District Mr. Ward stated Resolution 2019-8 designated the Registered Office, the Local Office of Record, and the Registered Agent for the District. He indicated he would act as the Registered Agent and Registered Office. He explained the Local Office of Record would be Mr. Urbancic's office at 4001 Tamiami Trail N., Suite 300. On MOTION made by Mr. John Wollard, seconded by Mr.Tim Martin, land with all in favor, Resolution 2019-8 was adopted as presented and ,the Chair was authorized to sign. ELEVENTH ORDER OF BUSINESS Consideration of Resolution 2019-9 Consideration of Resolution 2019-9 setting forth the policy with regard to the support and legal defense of the Board of Supervisors and District officers Mr. Ward stated Resolution 2019-9 set forth the policy with respect to the legal defense of the Board and the Officers. He stated essentially the Resolution indicated if any Officers, Staff or Board Members were sued individually as Members of the Board or professional staff, the District would provide legal defense. He noted he was in the process of obtaining Director's and Officer's Liability Insurance. He explained this Resolution allowed the CDD to proceed forward in the event a suit was brought against the District, Board Members or Staff. On MOTION made by Mr. Tim Martin, seconded by Mr. John Wollard, 'land with all in favor, Resolution 2019-9 was adopted as presented and ,the Chair was authorized to sign. TWELFTH ORDER OF BUSINESS Consideration of Resolution 2019-10 Consideration of Resolution 2019-10 adopting an electronic records policy and policy on the use of electronic signatures Mr. Ward stated Resolution 2019-10 adopted an electronic records policy and the use of electronic signatures for the District. He indicated his firm was completely electronic with respect to records. He noted State Law had caught up with technology for the most part and this Resolution conformed to State Law and indicated the District wished to use an electronics records policy for record storage. 'On MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin, and with all in favor, Resolution 2019-10 was adopted as presented [and the Chair was authorized to sign. THIRTEENTH ORDER OF BUSINESS Consideration of Resolution 2019-11 5I - 16I 1 Currents Development District September 11, 2019 Consideration of Resolution 2019-11 designating a qualified public depository pursuant to Chapter 280 Florida Statutes, authorizing signatories on the account, authorizing the number of the signatories on the qualified depository account Mr. Ward stated Resolution 2019-11 designated a qualified public depository for the District pursuant to Chapter 280 of the Florida Statutes. He reported Statute required the CDD to name the bank which would hold the General Funds for the District. He explained a qualified public depository was a bank with more reserves for a public entity than for a private bank account. He noted most banks in the State of Florida were qualified public depositories. He stated he generally used SunTrust due to ease of use and recommended SunTrust; however, the CDD could choose whichever bank it wished. !On MOTION made by Mr. Tim Martin, seconded by Mr.John Wollard, land with all in favor, Resolution 2019-11 was adopted as presented ' land the Chair was authorized to sign. FOURTEENTH ORDER OF BUSINESS Consideration of Resolution 2019-12 Consideration of Resolution 2019-12 Authorizing the District Manager to advertise a Request for Qualification (RFQ), pursuant to the Chapter 287.055 F.S. (Consultants Competitive Negotiations Act) for a District Engineer Mr. Ward stated Resolution 2019-12 authorized the District Manager to advertise a Request for Proposal for the District Fngineer. He stated the Request for Proposal (or Request for Qualification)was attached for review. ;On MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin, land with all in favor, Resolution 2019-12 was adopted as presented 1 and the Chair was authorized to sign. FIFTEENTH ORDER OF BUSINESS Consideration of Resolution 2019-13 Consideration of Resolution 2019-13 providing for the Public's opportunity to be heard, designating a public comment period, designating a procedure to identify individuals seeking to be heard, addressing public decorum,addressing exceptions Mr. Ward stated Resolution 2019-13 was a resolution regarding the public's opportunity to be heard, designating a public comment period during meetings and establishing a procedure to identify individuals seeking to be heard. He stated this Resolution also established protocol which ensured decorum during Board Meetings. On MOTION made by Mr.John Wollard, seconded by Mr. Tim Martin, and with all in favor, Resolution 2019-13 was adopted as presented II „and the Chair was authorized to sign. p 6I 1611 Currents Development District September 11, 2019 SIXTEENTH ORDER OF BUSINESS Consideration of Resolution 2019-14 Consideration of Resolution 2019-14 designating the Regular Meeting Dates, time and location for Fiscal Year 2020 Mr. Ward stated Resolution 2019-14 designated the dates, times and locations of Board Meetings. He stated this Resolution did not bind the Board to designated dates, times and locations; the Board could change the meetings as deemed appropriate. He stated this Resolution set the Meetings for the second Wednesday of each month at 1:30 p.m. at the offices of Coleman, Yovanovich & Koester,4001 Tamiami Trail North,Suite 300, Naples, Florida 34103. On MOTION made by Mr. Tim Martin, seconded by Mr. John Wollard, land with all in favor, Resolution 2019-14 was adopted as presented i and the Chair was authorized to sign. SEVENTEENTH ORDER OF BUSINESS Consideration of Resolution 2019-15 Consideration of Resolution 2019-15 granting the authority to the Chairperson, Vice Chairperson to execute real and personal property conveyances and dedications documents, and plats and other document related to the development of the District's improvements, subject to the approval of the District Manager, District Engineer and District Counsel is legal, consistent with the District's improvement plan and necessary for the development of the Improvements Mr. Ward stated Resolution 2019-15 granted the authority to the Chairperson and Vice Chairperson to execute certain actions on behalf of the District between Board Meetings as required. On MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin, 'and with all in favor, Resolution 2019-15 was adopted as presented [and the Chair was authorized to sign. EIGHTEENTH ORDER OF BUSINESS Consideration of Resolution 2019-16 Consideration of Resolution 2019-16 designating a date, time and location of a public hearing regarding the District's intent to use the uniform method for the levy, collection, and enforcement of non-ad valorem special assessments as authorized by Section 197.3632, Florida Statutes Mr. Ward stated Resolution 2019-16 designated a date, time and location for a public hearing regarding assessments on October 14, 2019 at 11:00 a.m. at the offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. He explained Districts had the ability to place assessments on the tax bill distributed by the Tax Collector and this was the first step in the process of establishing this methodology. He briefly explained the methodology process. Discussion ensued regarding the Meeting on October 14, 2019, being required to advertise for a certain amount of time prior to the public hearing which prevented holding the public hearing at the Regular Meeting on October 9, 2019,and postponing the October 9, 2019 Meeting until October 14,2019. 7I . ., 16I 1 Currents Development District September 11, 2019 On MOTION made by Mr. Tim Martin, seconded by Mr. John Wollard, and with all in favor, Resolution 2019-16 was adopted as presented I' and the Chair was authorized to sign. FISCAL YEAR 2020 BUDGET MATTERS NINTEENTH ORDER OF BUSINESS Consideration of Resolution 2019-17 Consideration of Resolution 2019-17 Approving the Proposed Budget for Fiscal Year 2020 and setting a Public Hearing for Wednesday, October 14, 2019 at 11:00 A.M. at the offices of Coleman, Yovanovich &Koester,4001 Tamiami Trail North,Suite 300,Naples, Florida 34103 Mr. Ward stated Resolution 2019-17 approved the proposed Budget for Fiscal Year 2020 and set the public hearing for the budget on October 14, 2019. IOn MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin, and with all in favor, Resolution 2019-17 was adopted as presented and the Chair was authorized to sign. TWENTIETH ORDER OF BUSINESS Consideration of Agreement Consideration of Agreement with Taylor Morrison of Florida, Inc.to fund the District's Fiscal Year 2020 General Fund Operating Budgets in lieu of the District levying assessments Mr. Ward stated this was an agreement with Taylor Morrison of Florida Inc. to fund the Fiscal Year 2020 Budget in lieu of levying assessments. :On MOTION made by Mr. Tim Martin, seconded by Mr.John Wollard, land with all in favor, the Agreement with Taylor Morrison of Florida, Inc. was approved. CAPITAL IMPROVEMENT PROGRAM TWENTY FIRST ORDER OF BUSINESS Consideration of Resolution 2019-18 Consideration of Resolution 2019-18 declaring special assessments, designating the nature and location of the proposed improvements, declaring the total estimated cost of the improvements the portion to be paid by assessments, and the manner and timing in which the assessments are to be paid, designating the lands upon which the assessments shall be levied, providing for an assessment 8I 1 6 I i Currents Development District September 11, 2019 plat and a preliminary assessment roll, addressing the setting of a public hearing and providing for publication Mr. Ward stated Resolution 2019-18 declared special assessments, designated the total estimated costs, etc. He noted there were two exhibits attached to this Resolution: the Engineer's Report and the Special Assessment Methodology. He noted he would review this information if any Board Members were unfamiliar with the material. He stated the information could be reviewed for the Public at the public hearing on October 14, 2019. He noted this Resolution included significant land acquisitions for portions of water management which would be constructed, as well as the preserves within the community. He asked if there were any questions; there were none. On MOTION made by Mr. Tim Martin, seconded by Mr.John Wollard, and with all in favor, Resolution 2019-18 was adopted as presented [and the Chair was authorized to sign. TWENTY SECOND ORDER OF BUSINESS Consideration of Resolution 2019-19 Consideration of Resolution 2019-19 approving the District's post-issuance compliance guide for tax- exempt bonds Mr. Ward stated Resolution 2019-19 approved the post issuance compliance guideline for tax exempt bonds. He noted with the downturn of the real estate market the IRS came down hard on Districts with reporting requirements on bonds. He stated as a result bond counsel required CDDs to adopt these post issuance compliance guidelines. He indicated this was the same type of document the Board Members had seen in the past. On MOTION made by Mr. Tim Martin, seconded by Mr. John Wollard, I j and with all in favor, Resolution 2019-19 was adopted as presented Land the Chair was authorized to sign. TWENTY THIRD ORDER OF BUSINESS Consideration of Resolution 2019-20 Consideration of resolution 2019-20 of the currents community development district authorizing the issuance of its capital improvement revenue bonds, in one or more series, in an aggregate principal amount not exceeding $90,620,000.00 to finance the cost of public infrastructure and facilities benefiting district lands and/or acquiring related interests in land and for refunding purposes; approving the form of a master trust indenture relating to the bonds and bond anticipation notes and authorizing execution of the master trust indenture; providing for indentures supplemental thereto; appointing a trustee, paying agent and bond registrar for the bonds and bond anticipation notes; approving the form of and authorizing execution of the bonds and bond anticipation notes; authorizing the application of the proceeds of the bonds and bond anticipation notes; authorizing judicial validation of the bonds; providing for miscellaneous matters and authority; providing for severability;and providing an effective date 9I : ; i 6 1 1 Currents Development District September 11, 2019 Mr. Ward stated Resolution 2019-20 was relatively important. He asked Ms. Denise Ganz to review this Resolution. Ms. Denise Ganz reported the District would embark upon a financing program for issuing long term bonds for public improvements. She explained Chapter 190 which applied to Community Development Districts and the requirements regarding funding through bonds. She explained Resolution 2019-20 approved the long term bond financial plan including the short term bond anticipation note plan, and authorized the issuance of bonds in an amount not to exceed $90,620,000 dollars; it approved the form of a master trust indenture pursuant to which the bonds and notes would be issued, and authorized validation. 1On MOTION made by Mr.Tim Martin, seconded by Mr. John Wollard, ',and with all in favor, Resolution 2019-20 was adopted as presented G and the Chair was authorized to sign. TWENTY FOURTH ORDER OF BUSINESS Consideration of Resolution 2019-21 Consideration of resolution 2019-21 of the Currents Community Development District authorizing the issuance of not exceeding $15,000,000 in aggregate principal amount of its bond anticipation note, series 2019 to finance all or a portion of the cost of a series project consisting of the acquisition of certain interests in land to be improved as part of the infrastructure and facilities benefiting certain district lands,funding the series reserve account for the series 2019 note and paying costs of issuance of the series 2019 note; authorizing the issuance of its capital improvement revenue bonds in one or more series for the principal purpose of paying the principal of and interest on the series 2019 note at maturity or earlier permitted redemption; approving the form, and authorizing the execution and delivery, of a first supplemental indenture in connection with the series 2019 note; ratifying the appointment of a trustee, paying agent and bond registrar for the series 2019 note; providing for redemption of the series 2019 note; authorizing the application of the proceeds of the series 2019 note; approving the form, and authorizing the execution and delivery, of a note purchase contract providing for the negotiated sale of the series 2019 note; delegating to the chairperson or vice- chairperson, or in their absence any member of the board of supervisors, the authority to award the series 2019 note within the parameters specified herein; approving the form,and authorizing the use, of a preliminary limited offering memorandum for the series 2019 note; approving the distribution of a final limited offering memorandum for the series 2019 note and the execution thereof; approving the form, and authorizing execution, of a continuing disclosure agreement; providing for miscellaneous matters and authority; providing for severability;and providing an effective date Ms. Ganz stated Resolution 2019-21 was needed to enable the short term bond anticipation note financing. She explained this authorized the issuance of bond anticipation notes, not to exceed $15 million dollars, for the purpose of acquiring lands. She stated the Resolution authorized certain findings related to the negotiated sale of the note to FMS Bonds as the underwriter of the bonds and approved financing documents and marketing documents which would be needed to accomplish the sale of the notes. She further explained the Resolution and discussed the agreements and memorandums involved. She stated the parameters of the note were set forth through the Resolution: not exceeding$15 million dollars, not exceeding the maximum principle interest rate permitted by law, and not having a maturity of more than five years. She stated the plan was for a short term note, probably one year to eighteen 10IPage Currents Development District September 11,2019 16 I 1 months, while awaiting more information from the underwriters regarding the exact terms. She stated the note would be procured from the proceeds of special assessments or future series bonds issued to refinance the note. She stated this Resolution authorized the issuance of this note with those terms with the understanding the note would be paid at maturity from proceeds from a future series of bonds. She stated if this Resolution was approved, the CDD would not need to come back to the Board for any further authorization, but the note would not be issued until after the special assessments were equalized,after the public hearing on October 14, 2019. jiOn MOTION made by Mr. Tim Martin, seconded by Mr. John Wollard land with all in favor, Resolution 2019-21 was adopted as presented and the Chair was authorized to sign. TWENTY FIFTH ORDER OF BUSINESS Consideration of Agreement Consideration of Bond Financing Team Fund Agreement Mr. Ward noted there were two agreements with Taylor Morrison, one financed the General Operation Budget (approved earlier in the Meeting) and the other was the Bond Financing Team Fund Agreement which indicated if there were any costs related to the financing itself,the costs would be initially funded by the Developer,and the CDD would reimburse the Developer from bond proceeds. On MOTION made by Mr. Tim Martin, seconded by Mr. John Wollard, and with all in favor, the Bond Financing Team Fund Agreement was ,approved. TWENTY SIXTH ORDER OF BUSINESS Staff Reports Staff Reports a) District Attorney Mr. Urbancic stated a ministerial act would be recording the Notice of Establishment for the District. b) District Engineer No report. c) District Manager No report. TWENTY SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There were no Supervisor's requests and no audience members were present. 11 1 - t6ll Currents Development District September 11, 2019 TWENTY EIGHTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the Meeting at approximately 11:43 a.m.ran MOTION made by Mr.Tim Martin, seconded by Mr.John Wollard, and with all in favor,the meeting was adjourned. Currents Community Development District James P.Ward, Secretary John !lard, Chairperson 12 I NCW6 61 a ri � at u PART OF THE USA TODAY NETWORK Published Daily Naples. FL 34110 RESOLUTION 2019-17 CURRENTS CDD A RESOLUTION OF THE BOARD OF SUPERVISORS OF CURREI 2900 NE 12TH TER# 1 COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOS' BUDGET FISCAL YEAR 2020 AND SETTING A PUBLIC HEARIN' THEREON PURSUANT TO FLORIDA LAW;PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICT AND PROVIDING F, OAKLAND PARK,FL 333344447 AN EFFECTIVE DATE. WHEREAS.the District Manager has heretofore prepare° and submitted to the Board of Supervisors of the Currents Commun- Affidavit of Publication ity Development District (the "Board'). a proposed Budget for Fiscal Year 2020:and STATE OF WISCONSIN COUNTY OF BROWN WHEREAS.the Board has considered the proposed Budget and desires to set the required public hearing thereon. Before the undersigned they serve as the authority. NOW. THEREFOREBE IT RESOLVEDBY THE BOARD OF SUPERVI personally appeared said legal clerk who on oath says that SOBS OF CURRENTS COMMUNITY DEVELOPMENT DISTRICT. he/she serves as Legal Clerk of the Naples Daily News, a SECTION 1. INCORPATION OF WHEREAS CLAUSES. That the dailynewspaper foregoing whereas clauses are true and correct and incorporat published at Naples. in Collier County, ed herein as if written into this Section. Florida: distributed in Collier and Lee counties of Florida SECTION 2. APPROVAL OF THE PROPOSEDBUDGET. The pro- that the attached copy of the advertising was published to posed Budgets submitted by the District Manager for Fiscal Year said newspaper on dates listed. Affiant further says that the 2020 and attached hereto as Exhibit A is hereby approved as the said Naples Daily News is a newspaper published at basis for conducting a public hearing to adopt said budget. Naples, in said Collier County. Florida, and that the said SECTION3.A public hearing on said approved budget is hereby declared and set for the following date.hour and location. newspaper has heretofore been continuously published in said DATE: Wednesay.October 14.2019 HOUR: 11:00 A.M. Collier County, Florida. distributed in Collier and Lee LOCATION: Coleman.Yovanovich 8 Koester counties of Florida. each day and has been entered as 4001 Tamiami Trail North.Suite 300 Naples,Florida 34103 second class mail matter at the post office in Naples, in said Collier County. Florida for a period of one year next SECTION 4. SUBMITTAL OF BUDGET TO LEE COUNTY The District Manager has previously sent the proposed budget to preceding the first publication of the attached copy of Collier County at least 60 days prior to the hearing set above. In advertisement, and affiant further says that he has neither accordance wah Section 189 016, Florida Statutes, the Districts Secretary is further directed to post the proposed budget on the paid nor promised any person. or corporation any discount Districts website at least two days before the budget hearing rebate. commission or refund for the purpose of securing date. this advertisement for publication in the said newspaper. SECTION5 NOTICE OF PUBLIC HEARING. Notice of this public hearing on the budget shall be published in a newspaper of 20,2019, September 27,2019 general circulation in the area of the district once a week for Published:September Ptwo (2)consecutive weeks. except that the first publication shall —_T not be fewer than 15 days prior to the date of the hearing. The notice shall further contain a designation of the day. time. and place of the public hearing. At the time and place designated in the notice. the Board shall hear all objections to the budget as Subscribed and sworn to before on September 27.2019' necessary and may make such changes as the board deems s a Y SECTION6.SEVERABILITYAND INVALID PROVISIONS.If any one of the covenants. agreements or provisions herein contained shall be held contrary to any express provision of law or con- ,r i r,, I V\ vv,r c .1 ex_1-,_) tract to the policy of express law. but not expressly prohibited or against public policy, or shall for any reason whatsoever be Notary.State of WI.County of Brown held invalid, then such covenants agreements or provisions stall be null and void and shall be deemed separable horn the remaining covenants. agreements or provisions and shall in no r A Ft A NI O N L)L O C HI way effect the validity of the other provisions hereof.. That all Notary Public Sections or parts of Sections of any Resolutions, State o f W i s co n S i n Agreements or actions of the Board of Supervisor's in conflict are hereby repealed to the extent of such conflict. SECT:ON7 EFFECTIVEDATE This Resolution shall take effect immediately upon adoption. My commission expires August 6.2021 PASSED AND ADOPTED this 11th day of September.2019. Currents Community Development District James P.Ward,District Manager Pub Date:Sept.20.27.2019 #3784522 Publication Cost$1 106.00 Ad No'0003784522 Customer No 1387852 PO# 4 r ... 4 tbil r'i4 -ktiL ; tt'1 1i ?� � PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 NOTICE OF ANNUAL MEETINGS CURRENTS COMMUNITY DEVELOPMENT DISTRICT FLOW WAY COMMUNITY D EV.DISTR.JPWA 2900 NORTHEAST 12 TH TERRACE S The Fiscal Year 2020 Regular Meetings of the Board of Supervi- sors of the Currents Community Development District are sched- uled for the second Wednesday of each month at 1:30 P.M.,at the Offices of Coleman, Yovanovich & Koester, P A., 4001 OAKLAND PARK,FL 33334 Tamiami Trail North, Suite 300 Naples, Florida 34103,on the fol- lowing dates: October 9,2019 November 13,2019 Affidavit of Publication December 11,2019 January 8,2020 STATE OF WISCONSIN February 12,2020 March II,2020 April 8,2020 May 13.2020 COUNTY OF BROWN June 10.2020 July 0,2020 August 12,2020 September 9,2020 Before the undersigned they serve as the authority, The meetings are open to the public and will be conducted in personally appeared said legal clerk who on oath says that accordance with the provisions at Florida Law tot Community P Y pP 9 Y Development Districts, A copy of the agenda for each meeting he/she serves as Legal Clerk of the Naples Daily News, a may he obtained from the office of the District Manager, dailynewspaper at Naples, in Collier Count JPWard & Associates tLC. 2900 NE 121h terrace, Suite 1, publishedP y, Oakland Park, Florida 33334 (Phone 954 658 4900) at least Florida; distributed in Collier and Lee counties of Florida; seven (7) days in advance of the meeting. In addition, the Athat the attached copy of the advertising was published in ntscdd.orgwdl be posted on the District's web site at www.curre said newspaper on dates listed. Affiant further says that the said Naples DailyNews is a newspaper published at The meetings may be cancelled or continued to a date, time and location specified on the record at the meeting. Naples, in said Collier County, Florida, and that the said news a er has heretofore been continuouslypublished in In accordance with the provisions of the Americans with Disabil- P P ities Acl, any person requiring special accommodations or an in said terpreter to participate at these meetings should contact the Collier County, Florida; distributed in Collier and Lee District at (954)658.4900, at least five (5)days prior to the date of the meetings.. II you are hearing or speech impaired, please counties of Florida, each day and has been entered as contact the Florida Relay Service at I.800-955.8770, for assis second class mail matter at the post office in Naples, in lance in contacting the District Office. said Collier County, Florida, for a period of one year next If any person decides to appeal any decision made with respect preceding the firstpublication of the attached copyof to any matter considered at these board meetings, such person P 9 will need a record of the proceedings and such person may advertisement; and affiant further says that he has neither need to ensure that a verbatim record of the proceedings is norpromised anyperson, or corporation anydiscount, made at their own expense and which record includes the testi- paid P mony and evidence on which the appeal is based rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Currents Community Development District James P.Ward,District Manager September 23,2019 #3800704 Published:September 23,2019 Subscribed and sworn to before on September 23,2019: -.:- ,,Q c.ci- YV1.uvx(QA.rx_-_4_,_ Notary,State of WI,County of Brown TARA MONDLOCH Notary Public State of Wisconsin My commission expires August 6,2021 Publication Cost:$336.00 Ad No:0003800704 Customer No:1305088 PO#: 611 • 1 p +R • at tr, 111 $ �y ram a rR s '� aR sd u 'l 3 t v vAl Published Daily Naples, FL 34110 CURRENTS COMMUNITY DEVELOPMENT DISTRICT CURRENTS CDD NOTICE OF THE DISTRICT'S INTENT TO USE THE UNIFORM 2900 NE 12TH TER#1 METHOD OF COLLECTION OF NON-AD VALOREM ASSESSMEN' Notice is hereby given that the Currents Development District (*District') intends to use the uniform method of collecting OAKLAND PARK,FL 33334-4447 non-ad valorem assessments to be levied by the District pur- suant to Section 197.3632, Florida Statutes. The Board of Super- visors of the District will conduct a public hearing on October 14,2019, at 11 a.m. at the offices of Coleman, Yovanovich & Affidavit of Publication Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida STATE OF WISCONSIN 34103. COUNTY OF BROWN The purpose of the public hearing is to consider the adoption of a resolution authorizing the District to use the uniform method of collecting non-ad valorem assessments to be levied by the Before the undersigned they serve as the authority, District on properties located on land included in, or to be add- personalty appeared -sari legal clerk tiro on oat says that moots purpose the BiMrief. of financing, acquiring, maintain he/she serves as Legal Clerk of the Naples Daily News, a and/or operating community development facilities, services daily newspaper published at Naples, in Collier County, and improvements within and without the boundaries of the District. Owners of the properties to be assessedand other in- Florida; distributed in Colier and Lee counties of Florida; terested parties may appear at the public hearing and be heard thatregarding the use of the uniform method of collecting such the attached copy of the advertising was published in non-ad valorem assessments. said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at The public hearing is open to the public and will be conducted in accordance with the provisions of Florida law. The public Naples, in said Collier County, Florida, and that the said hearing may be continued to a date, time, and place to be newspaper has heretofore been continuously published in specified on the record. There may be occasions when Board n nid phone. hupervisors or District Staff may participate by speaker tele- Collier County, Florida; distributed in Collier and Lee Any person requiring special accommodations at this hearing counties of Florida, each day and has been entered as because of a disability or physical impairment should contact second class mail matter at the post office in Naples, in the District Manager, do JPWard and Associates, LLC, 2900 Northeast 12th Terrace, Suite 1, Oakland Park, Florida 33334, said Collier County, Florida, for a period of one year next Phone 954-658-4900, at least forty-eight (48)hours prior to the preceding the first publication of the attached copy of hearing. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 advertisement; and affiant further says that he has neither (TTY)/1-800-955-8770 (Voice), for aid in contacting the District paid nor promised any person, or corporation any discount, Manager. . rebate, commission or refund for the purpose of securing Each person who decides to appeal any decision made by the this advertisement for publication in the said newspaper. Board with respect to any matter considered at the public hear mg is advised that person will need a record of proceedings and that accordingly, the person may need to ensure that a verba- timPublished:September 19,2019, September 26,2019, record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. October 3,2019, October 10,2019 Currents Community Development District —mak James P.Ward,District Manager Sept.19,26,Oct.3,10,2019 #3762782 - - --Sifpscribed-and sworn la before an-October 10;2019: — . �GU ci.Wl.ay. Notary, - -- TARA MONDLOCH Notary Public State of Wisconsin My commission expires August 6,2021 Publication Cost:$1,512.00 Ad No:0003762782 Customer No:1387852 PO#: 161I üp1c t . fuEl OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 CURRENTS CDD 2900 NE 12TH TER#1 OAKLAND PARK,FL 33334-4447 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published In said newspaper on dates listed. Afflant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, In said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. Published:August 20,2019, August 27,2019 Subscribed and sworn to before on December 5,2019: _j 4ate.)Yl.ark_ Notary,State of WI,County of Brown TARA MONDLOCH Notary Public i State of Wisconsin My commission expires August 6,2021 Publication Cost:$881.28 Ad No:0003741159 Customer No:1387852 PO#: CCD This is not an invoice 161I NOTICE OF LANDOWNERS' MEETING AND ELECTION ANC ORGANIZATIONAL MEETING OF THE BOARD OF SUPERVISORS OF THE CURRENTS COMMUNITY DEVELOPMENT DISTRICT Notice is hereby given to the public and all landowners within the Currents Communi- ty Development District (the District") located in a 1..IUI Courtly. Florida, advising that a meeting of landowners will be held lot the purpose of electing live (5)persons to the District Board of Supervisors. Immediately following the landowners meeting there will be convened an organiza- tional meeting of the Board of Supervisors el the District! ("Board") for the purpose of considering certain matters of the Board to include election of certain District officers, the appointment of staff includ- ing, but not limited to. roam ager, attorney. and others as deemed appropriate by the Board, and to conduct any other business that may come before the Board. DATE/TIME: September 11, 2019 at 11:00 a.m. PLACE: The offices of Coleman, Yovanovlch & Koester 4001 Tamiaml Trail North, Suite 300 Naples,Florida 34103 Each landowner may vole in person or try written proxy. Instructions on now all land- owners may participate in the election. along with sample proxies. are available from the District's Manager. d o.JPWard e. Associates, U-C, 2900 Northeast 12th Terrace, Suite 1,Oakland Park,Florida 33334 ("District Office"). At said meeting each landowner or his or her proxy shall be enti- tled to nominate parsons for the position of Supervisor and cast one (1) vote per acre of land, or fractional portion thereof, owned by him or her and located within the District for each person to be elected to the position of Supervisor. A fraction of an acre shalt be treated as one acre, entitling the landowner to one (1)vote with iesuect theicto Platted lots shall be counted individu- ally and rounded up to the nearest whole acre. The acre- age of platted lots shall not be aggregated for determin- ing the number of voting units held by a landowner or a landowner's proxy. At the landowners' meeting the landowners shall select a per- son to serve as the meeting chair and who shall conduct the meeting The landowners meeting and the Board of Supervisors meeting are open to the pub BC and will be conducted it' accordance with the provi- sions of Florida law One or both of the meetings may be continued to a date, time, and place to be specified on the record at such meeting A copy of the agenda for these meetings may be obtained from the District Office. There may be an occasion where one or more supervisors will participate by speaker tele- phone Any nersnn renuirino special accommodations' to partici- 16 ' 1 pate in these meetings is asked to contact the District Office, at least forty-eight (48) hours before the hearing. If you are hearing or speech im- paired, please contact the Florida Relay Service by dial- ing 7-1-1, or 1-800955.8771 (TTY)/ 1.800-955-8770 (Voice), for aid in contacting the District Office. A person who decides to ap- peal any decision made by the Board with respect to any matter considered at the meeting is advised that such person will need a record of the proceedings and that ac- cordingly, the parson may need to ensure that a verba- tim record of the proceedings is made, including the lesti mony and evidence upon which the appeal is to be based. Currents Community Develop- ment District James P.Ward District Manager Pub Date:Aug?0,27,2019 #3741159 ,, 16I1 \apIc B Ott i 1115 PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 CURRENTS CDD 2900 NE 12TH TER# OAKLAND PARK,FL 33334-4447 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority. personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News. a daily newspaper published at Naples, in Collier County Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples. in said Collier County. Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida: distributed in Collier and Lee counties of Florida. each day and has been entered as second class mail matter at the post office in Naples, in said Collier County. Florida. for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person. or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Published:September 27.2019. October 4,2019 Subscnbea and sworn to before on October 4.ZU19 Notary State of WI.County of Brown 'ARA MONL)LOCH is Notary Public State of Wisconsin My commission expires August 6,2021 Publication Cost$2,548.00 Ad No'0003782036 Customer No. 1387852 PO#: ADV Res 2019-18 6I1 • OATH OR AFFIRMATION OF OFFICE I U�� ,` , a citizen of the State of Florida and of the United States of America, and being an officer of the Currents Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Currents Community Development District, Collier County, Florida. Signatu e _ , Printed Name: fk1n V6k STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this /'/ day of ../.2Grm4 d• - , 2019, by Oyu Ze/DGC.4.c0 , whose signature appears hereinabove, who is personally known to me or who produced as identification. // , '/ 9" NOTARY PUBLIC STATE OF FLORIDA +., JAMES/ WARD A `,`,C3nni SS 0n r F F 9 305 Print Name: _ .,:Elp.�s.A1,N 1.2 :- C.,:e3 fr..rn,Fan alL ana IN-yi7119 My Commiss ,. Mailing Address for Agendas: _ HOME OFFICE Cell Number Home Number 16I1 OATH OR AFFIRMATION OF OFFICE I I, r<7fBF1Z%1 5iri2tirrit/', a citizen of the State of Florida and of the United States of America, and being an officer of the Currents Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Currents Community Development District, Collier County, Florida. Signature Printed Name:./-J ,itA-yit w ,Ea 11-. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this ,,' day of =,o4Graa:i47-,c. , 2019, by /1f16C.t,— sur.inacs _L , whose signature appears hereinabove, who is personally known to me or who produced as identification. NOTARY PUBLIC STATE OF FLORIDA •. JAMES P.WARD Print Nam•,p, COrlrrissIcn•FF;€r308 • .; ;o;•tlp�res March 1.2523 y M Corn :raa.?.^.T'or fa.,,ns,,mu'07-1P019 Mailing Address for Agendas: HOME OFFICE Cell Number Home Number j61 t OATH OR AFFIRMATION OF OFFICE i, • . , a citizen of the State of Florida and of the United States of America, and being an officer of the Currents Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Currents Community Development District, Collier County, Florida. Signature Printed Name: I/r bw, . F `_A, ,,,, STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this // day of c rr,-cis,4l..ret , 2019, by .r1/A#1i Fa er! , whose signature appears hereinabove, who is personally known to me or who produced as identification. z//ifrit c '42`ii.94/ NOTARY PUBLIC STATE OF FLORIDA ;;,. JAMES P.WARD Print NamV.. r"` COM'issfon#FF966306 ':.- .% . Expires March 1,2020 My Co m m 553Er1Y!'i"X pfplr30'u Troy Fe.n lnsurena 800.38s.1019 w► Mailing Address for Agendas: HOME OFFICE Cell Number Home Number OATH OR AFFIRMATION OF OFFICE �� it I,-11 4 o'i (J citizen of the State of Florida and of the United States of America, and being an officer of the Currents Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Currents Community Development District, Collier County, Florida. Signature Printed Name: -ice'-t i*- - MA {t>t- i r--( STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this ,/. day of , 2019, by Tim,c7 /hi/Xi/id , whose signature appears hereinabove, who is personally known tome or who produced as identification. ��i ✓ /e// 7G" NOTARY PUBLIC STATE OF FLORIDA JAMES P CJARD ` Cor�rnss;on�FF966306 Print Nary E _zp:�eaMa�c.l�. 2�2t? P' or71n Trey Fa n ins:gnrt Pao s.7o1a My Commjccinn FYpirPc _ Mailing Address for Agendas: _ HOME OFFICE Cell Number Home Number 1611 MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Currents Community Development District was held on Wednesday,April 1, 2020 at 9:00 a.m. at the offices of Coleman,Yovanovich & Koester,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Charles Cook Chairperson Ryan Futch Vice Chairperson Robert D. Summers, II Assistant Secretary Brian Keller Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Rebecca Norton Notary Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward indicated with the State of Emergency in Florida, and pursuant to Executive Orders 20-52 and 20-69 issued by Governor DeSantis on March 9, 2020 and March 20, 2020 respectively, and pursuant to Section 120.54(5)9b)2., Florida, Statutes, this meeting was held utilizing communication media technology(via telephone) due to the current COVID-19 public health emergency. Mr. Ward called the meeting to order at approximately 9:00 a.m. and conducted roll call; all Members of the Board were present at roll call constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Minutes October 14, 2019 Regular Meeting Mr. Ward asked if there were any corrections, additions, or deletions regarding the October 14, 2019 Regular Meeting Minutes; hearing none, he called for a motion to approve the Minutes. On MOTION made by Mr. Brian Keller,seconded by Mr. Rob Summers, and with all in favor, the October 14, 2019 Regular Meeting Minutes were approved. Wage 16 ► 1 Currents Community Development District April 1, 2020 THIRD ORDER OF BUSINESS Consideration of Resignations Consideration of acceptance of the resignation of Mr.John Wollard from Seat 1 effective February 11, 2020,and Mr.Tim Martin from Seat 4 effective January 29,2020. Mr. Ward reported Mr. Wollard's and Mr. Martin's resignations were a matter of law as of the date of each resignation letter. He called for a motion to accept the resignations for inclusion in the record. On MOTION made by Mr. Rob Summers,seconded by Mr. Brian Keller, and with all in favor,the resignations of Mr.John Wollard and Mr.Tim Martin were accepted for inclusion in the record. I. Appointment of two (2) individuals to fill Seat 1 & 4 — with terms until November 2023 and November 2021 respectively. Mr.Ward indicated Statute permitted the Board to appoint two individuals to fill Seats 1 and 4 by simple motion and second. He asked if the Board wished to appoint any individuals to fill the vacant Seats. Mr. Rob Summers indicated the Board only wished to appoint one individual at present. On MOTION made by Mr. Brian Keller, seconded by Mr. Rob Summers, and with all in favor, Mr. Charles Cook was appointed to Seat 1 of the Board. II. Oath of Office. Mr.Ward noted Mr.Charles Cook was present with Ms. Rebecca Norton. Mr.Cook acknowledged his presence. Ms. Norton acknowledged her presence and indicated she was a Notary Public in the State of Florida and as such was authorized to administer the Oath of Office. Ms. Norton administered the Oath of Office to Mr. Charles Cook. Mr. Ward asked Mr. Cook to sign the Oath of Office and asked Ms. Norton to notarize the Oath of Office and Federal Express the Oath to his office. Ms. Norton agreed. III. Guide to the Sunshine Law and Code of Ethics for Public Employees. IV. Form 1—Statement of Financial Interests. Mr. Ward reported Mr. Cook served on other CDD Boards. He indicated Mr. Cook was provided a copy of the Form 1—Statement of Financial Interests and was required to fill out and file Form 1 with the Supervisor of Elections in the County in which Mr. Cook resided within 30 days or fines may be incurred. He noted if Mr. Cook had any questions, he (Mr. Ward) or Mr. Greg Urbancic would be happy to answer said questions. He stated as Mr. Cook was familiar with the Sunshine Law and Code of Ethics, unless Mr. Cook had questions, he would move on with the Agenda. Mr. Cook stated he had no questions. 2IPage 16I1 Currents Community Development District April 1, 2020 FOURTH ORDER OF BUSINESS Consideration of Resolution 2020-12 Consideration of Resolution 2020-12 re-designation the officers of the Currents Community Development District. Mr. Ward reported the position of Chairperson was vacant, as well as one Assistant Secretary position. He indicated Mr. Ryan Futch currently served as Vice Chairperson,while Mr. Rob Summers and Mr. Brian Keller served as Assistant Secretaries. He asked how the Board would like to designate the officers of the Board. Mr. Brian Keller moved to appoint Mr. Charles Cook as Board Chairperson, Mr. Ryan Futch as Vice Chairperson, and Mr. Rob Summers and Mr. Brian Keller as Assistant Secretaries. Mr. Rob Summers seconded the motion. On MOTION made by Mr. Brian Keller,seconded by Mr. Rob Summers, and with all in favor, Mr.Charles Cook was appointed Chairperson, Mr. Ryan Futch Vice Chairperson, and Mr. Rob Summers and Mr. Brian Keller Assistant Secretaries. FIFTH ORDER OF BUSINESS Consideration of Engineering Proposals Consideration of ranking of engineering proposals to serve as District Engineer and agreement with the Number 1 ranked firm. Mr. Ward reported two proposals were received in response to the RFPs which were sent out some time ago. He indicated one proposal was received from Waldrop Engineering and one from DRMP Engineering Company out of Fort Myers, Florida. He noted Statute required the Board to rank the proposals. He indicated the Board was provided a ranking sheet and whichever firm's proposal was ranked number one, said firm would enter into discussions with the CDD regarding the Master Engineering Services Agreement. He noted the Board was provided a copy of the Master Engineering Services Agreement for review. He indicated he would ask the Board to approve the Master Engineering Services Agreement substantively. He asked the Board to discuss the two proposals and rank said proposals accordingly. I. Ranking of engineering proposals Discussion ensued regarding the proposals. Mr.Cook stated Waldrop Engineering had experience in Collier County, was a known entity, and was an experienced engineering firm with which he was familiar. He recommended selecting Waldrop as the number one proposal. On MOTION made by Mr.Charles Cook,seconded by Mr.Rob Summers, and with all in favor, Waldrop Engineering was ranked as the number one proposal and DRMP Engineering Company was ranked as the number two proposal. II. Master Engineering Services Agreement Wage 16 I 1 Currents Community Development District April 1, 2020 On MOTION made by Mr. Charles Cook, seconded by Mr. Brian Keller, and with all in favor, the Master Engineering Services Agreement was approved in substantial form subject to any changes the attorney may have. SIXTH ORDER OF BUSINESS Consideration of Resolution 2020-9 Consideration of Resolution 2020-9 of the Board of Supervisors of Currents Community Development District authorizing the Acquisition of certain Potable Water and Wastewater Utility facilities from the developer,Taylor Morrison Of Florida, Inc.,and authorizing the conveyance of such Potable Water and Wastewater Utility Facilities to Collier County; Authorizing the Chairman or the Vice Chairman (In the Chairman's absence) to execute such conveyance documents to the extent necessary to evidence the District's acceptance and conveyance. Mr. Ward briefly explained Resolution 2020-9. He noted this was a standard utility conveyance package with Collier County. Mr.Greg Urbancic reported the companion Acquisition Agreement would be reviewed next. He explained the Acquisition Agreement set the framework in place for the acquisition. He stated acquiring these utility assets as part of requisitions, in this particular case as the bonds were not issued yet, included a promissory note component which indicated at the time the bonds were issued the CDD would process and pay the requisition at that time, but no funds were due at this point in time. He explained the acquisition of utilities was a two-step process: 1) Acceptance by the District and 2) Conveyance by the District to Collier County. He noted the forms for Resolution 2020-9 in the Agenda Packet today were standard forms which had been used by the County for twenty years. Mr. Cook stated he spoke with Waldrop regarding the Acquisition and he believed it was consistent with CDD intentions. Mr. Urbancic noted he would update the documents in Resolution 2020-9 to reflect the new Chairperson. On MOTION made by Mr. Brian Keller, seconded by Mr. Charles Cook, and with all in favor,Resolution 2020-9 was adopted,and the Chair was authorized to sign. SEVENTH ORDER OF BUSINESS Consideration of Acquisition Agreement Mr. Urbancic reported the Acquisition Agreement was included in the Agenda Packet. He explained the Acquisition Agreement was the agreement between the district and the developer to acquire assets. He explained the Agreement created a mechanism and set the procedures by which the CDD would conduct acquisitions over time. He noted the Agreement required the District Engineer to certify the costs and obtain backup documentation including invoices, property rights, etc. He asked for the Agreement to be approved in substantial form. 4IPage 16I t Currents Community Development District April 1, 2020 On MOTION made by Mr. Brian Keller,seconded by Mr. Rob Summers, and with all in favor, the Acquisition Agreement was approved in substantial form. EIGHTH ORDER OF BUSINESS Consideration of Resolution 2020-10 Consideration of Resolution 2020-10 of the Currents Community Development District authorizing the Issuance of not exceeding $50,000,000 in Aggregate Principal Amount of its Capital Improvement Revenue Bonds,Series 2020 the proceeds of which will be applied,together with other available funds, to currently refund and redeem its Bond Anticipation Note, Series 2019, currently outstanding in the original principal amount of$13,665,000,and finance a portion of the cost of a series project consisting of certain infrastructure and facilities benefiting certain district lands, paying capitalized interest on a portion of the Series 2020 Bonds, funding the Series Reserve Account for the Series 2020 Bonds and paying costs of issuance of the Series 2020 Bonds, as more fully described herein;Approving a second Supplemental Trust Indenture in connection with the Series 2020 Bonds and Authorizing the Execution thereof; Ratifying the Appointment ff a Trustee, Paying Agent and Bond Registrar for the Series 2020 Bonds;Providing for Redemption of the Series 2019 Note and for Redemption of the Series 2020 Bonds; Authorizing the Application of the proceeds of the Series 2020 Bonds; Approving the Form, and Authorizing Execution,of a Bond Purchase Contract providing for the negotiated sale of the Series 2020 Bonds;Delegating to the Chairperson or Vice-Chairperson,or in their absence any Member of The Board Of Supervisors,the Authority to award the Series 2020 Bonds within the parameters specified herein; Approving the form, and Authorizing the use, of a preliminary limited offering Memorandum for the Series 2020 Bonds; Approving the Distribution of a final limited offering Memorandum for the Series 2020 Bonds and the Execution thereof;Approving the form,and Authorizing Execution,of a continuing disclosure agreement; Authorizing preparation of preliminary and final supplemental Assessment Methodology Reports and an update and/or supplement to the Engineers' report and the use of such reports in the preliminary limited offering Memorandum and final limited offering Memorandum, as applicable,for the Series 2020 bonds. Mr. Ward stated Resolution 2020-10 essentially authorized the issuance of the District Series 2020 Bonds in an amount not to exceed $50 million dollars and authorized a number of documents, including but not limited to such items as the second supplemental indenture related to the bonds, a bond purchase contract, preliminary limited offering memorandum, continuing disclosure agreements and other documents related to financing. He indicated the real purpose of the Resolution was to be able to issue the District Series 2020 Bonds on or before the maturity date of District Series 2019 Bond anticipation notes which were used to purchase certain lands within the boundaries of the district. He reported the paramount of that debt was $13,665,000 dollars plus the accrued interest which would be due on November 1, 2020. He stated based on the current market he did not believe this would be done within the next thirty days, but Resolution 2020-10 put this process in place to enable the CDD to go to market as soon as reasonably possible based upon market conditions. He stated the interest rate would be within the threshold provided by Statute and the term of the bonds would not exceed thirty years plus the capitalized interest period. He noted there were certain provisions regarding the redemption of the Bonds which were on a standard thirty year maturity date with a ten year term for call provisions on the entire issue, plus the mandatory calls which the CDD was permitted to accept for prepayments from property owners moving forward. Wage } Currents Community Development District April 1, 2020 Mr. Cook noted Resolution 2020-10 did not size the bonds or establish assessments or methodology; Resolution 2020-10 established the bonding capacity. Mr.Ward concurred; Resolution 2020-10 included a preliminary sizing of the bonds; however, the Bonds would be sized at the time they went to market. Mr. Cook noted there was still ongoing discussion with the developer regarding bond sizing and the current environment. He stated he felt another conversation should be held with the developer to ensure the CDD was mirroring the current market conditions due to the COVID-19 issues. Mr. Ward stated Resolution 2020-10 clearly permitted the CDD to hold these conversations with the developer. He explained Resolution 2020-10 simply set the maximum parameters of the Bonds. On MOTION made by Mr.Charles Cook,seconded by Mr.Rob Summers, and with all in favor, Resolution 2020-10 was adopted, and the Chair was authorized to sign. NINTH ORDER OF BUSINESS Consideration of Resolution 2020-11 Consideration of Resolution 2020-11 Approving the Proposed Fiscal Year 2021 Budget and setting the Public Hearing on Wednesday July 1,2020 at 9:00 A.M.at the offices of Coleman,Yovanovich&Koester, 4001 Tamiami Trail North,Suite 300, Naples, Florida 34103. Mr. Ward stated Resolution 2020-11 approved the proposed Budget for Fiscal Year 2021 which began on October 1, 2020 and ended September 30, 2021. He stated the Public Hearing would be set for July 1, 2020 at 9:00 a.m. He indicated the Public Hearing would be held in person or telephonically pursuant to the State of Emergency on July 1, 2020. He explained the Budget included the basic operations of the District itself at this time; it did not include any field operations which the Board may want to consider. He stated if the Board wished to include any field operations, he would recommend deferring this Item until another meeting; if not,then he would recommend moving forward with Resolution 2020-11. Mr. Cook recommended deferring this Item until the next meeting. Mr. Ward indicated this Item would be deferred. TENTH ORDER OF BUSINESS Staff Reports a)District Attorney Mr. Urbancic stated a Bill was passed and was awaiting the Governor's signature which loosened the restrictions regarding posting Agenda backups online. He noted the new Bill required the Agenda to be posted seven days prior to the meeting;the backups would no longer be required. b) District Engineer No District Engineer was present;there was no report. c)District Manager a. Financial Statements—January 31, 2020(Unaudited) Wage 16 1 1 Currents Community Development District April 1,2020 b. Financial Statements—February 29,2020(Unaudited) Mr.Ward stated he had no report. He asked if there were any questions regarding the unaudited Financial Statements;there were none. ELEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There were no Supervisor's requests and no audience members were present. TWELFTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the Meeting at approximately 9:31 a.m. On MOTION made by Mr.Charles Cook,seconded by Mr.Rob Summers, and with all in favor,the meeting was adjourned. ^ Currents Commun' Develo ent District %</, Jamesard,Secretary Char! Cook,Chai a son 7 [ Pagc t61 1 MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Currents Community Development District was held on Wednesday, May 13, 2020 at 1:30 p.m., at the Offices Coleman,Yovanovich and Koester,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Charles Cook Chairperson Ryan Futch Vice Chairperson Robert D. Summers, II Assistant Secretary Brian Keller Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Counsel Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P.Ward called the meeting to order at approximately 1:40 p.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-52 and 20-69 issued by Governor DeSantis on March 9, 2020 and March 20, 2020 respectively, and pursuant to Section 120.54(5)9b)2., Florida, Statutes, this meeting was being held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board and Staff were present via videoconference or telephone;no persons were present in the on-site meeting room location. He asked all speakers to state their names for the record prior to speaking. He conducted roll call; all Members of the Board were present at roll call constituting a quorum. SECOND ORDER OF BUSINESS Consideration to fill Seat 5 Consideration to fill Seat 5,formerly Mr.Tim Martin whose resignation took effect January 29,2020 Mr. Ward indicated this was a carryover Item from the previous Meeting. He asked if the Board was prepared to appoint a new Member. He noted if not, this Item could again be continued until the next Meeting. Wage t61l Currents Community Development District May 13, 2020 Mr. Charles Cook recommended continuing this Item until the next Meeting. The Board agreed. I. Appointment of individual to fill Seat 5,whose term is set to expire November 2021 II. Oath of Office III. Guide to the Sunshine Law and Code of Ethics for Public Employees IV. Form 1—Statement of Financial Interests THIRD ORDER OF BUSINESS Consideration of Resolution 2020-13 Consideration of Resolution 2020-13 re-designation the Officers of the District Mr.Ward indicated due to the previous Item being continued,this Item would also be continued until the next Meeting. FOURTH ORDER OF BUSINESS Consideration of Minutes April 1, 2020 Regular Meeting Mr.Ward asked if there were any corrections,additions,or deletions of the April 1, 2020 Regular Meeting Minutes; hearing none, he called for a motion to approve the Minutes. On MOTION made by Mr. Brian Keller,seconded by Mr. Rob Summers, and with all in favor, the April 1, 2020 Regular Meeting Minutes were approved. FIFTH ORDER OF BUSINESS Consideration of Resolution 2020-11 Consideration of Resolution 2020-11 Approving the Proposed Fiscal Year 2021 Budget and setting the Public Hearing on Wednesday July 8,2020 at 1:30 P.M.at the offices of Coleman,Yovanovich&Koester, 4001 Tamiami Trail North,Suite 300, Naples, Florida 34103 Mr.Ward noted this Item had been deferred during the last Board Meeting. He stated he had revised and updated the Budget for Fiscal Year 2021 which was enclosed in the Agenda Package. He explained the Budget essentially included line items for the full operations of the District's stormwater management system which was intended to come online during the year. He indicated this was the primary change to the Budget. Mr. Ward: The one item that I will bring to your attention is that the cost per unit on a$500,000 dollar budget for only the Phase I units, the 263 lots, becomes an inordinately high number. It is well over$1,200 to$1,500 dollars per unit per year,so what we did on this budget is I'm showing you an estimate for a full buildout cost for the entire drainage system and the operations of the District itself. Then what I did was I took that buildout cost per unit and applied it only to the Fiscal Year 2021 Phase I units, which are 263. That generates about$154,000 dollars in revenue from assessments for just the Phase I area. Then, the balance of the funds will be in a line item which we call"Contributions,private sources, by Taylor Morrison" Wage 16 1 1 Currents Community Development District May 13, 2020 and that amount will be $345,536 dollars. The intent on this Budget is that property owners within the Phase / area will pay an amount consistent with the full buildout cost ranging between $305.71 a unit, upwards to $747.28 per unit, depending upon the size of the property that you have within the District. That is consistent with the way that the methodology was done for the Capital Improvement program. Then the difference between the$154,000 and what's anticipated to be needed for Fiscal Year 2021 will be an amount, which is a contribution, not to exceed the$345,536 dollars from Taylor Morrison. If it goes under that amount Taylor Morrison would only be required to pay up to that. If it goes over that amount the District would have to amend the agreement that we will have to put in place at the Public Hearing to allow for that. Both parties will need to agree to that at that point in time. That's kind of the substance of your Budget. Mr. Charles Cook: That's basically just like a deficit funding, like an HOA right? Same kind of a payment. And I don't have it in front of me right at the moment. What is the largest single expense the District is incurring in the coming year? Or maybe the top 2? Mr. Ward: The largest is the storm water management system operation. Then the balance of it really is just the administration of the District itself which is consistent from year to year. So, $500,000, of that $113,000 is really admin. The balance of it is really your storm water management system operations and maintenance. Mr. Cook: Okay. We prepared that exhibit which showed what the HOA's maintaining versus what the CDD is maintaining, and that's what you're basing the storm water management component on right? Those properties owned by the District. Mr. Ward: Correct. Mr. Cook: Is that payment made lump sum and pulled from as those expenses come up, or are they processed through that deficit funding mechanism? Mr. Ward: I generally bill it on a quarterly basis in advance, so I will bill%of it on a quarterly basis when we start the program. If there is any leftover at the end of the quarter that will roll into the amount that's billed to the following quarter. Mr. Greg Urbancic: Just so I understand, the theory here is that the Phase I units are getting a certain benefit, and that's why we are allocating a specific cost to them, and then the undeveloped properties are essentially getting the balance of it. Is that kind of what we are doing? Mr. Ward: Correct. Mr.Ward asked if there were any additional questions or comments;hearing none,he called for a motion. On MOTION made by Mr.Charles Cook,seconded by Mr.Rob Summers, and with all in favor, Resolution 2020-11 was adopted, and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS Staff Reports 3IPage 16 t i Currents Community Development District May 13,2020 a)District Attorney Mr. Urbancic: The only thing I wanted to mention was in connection with what you announced earlier. We also had two other executive orders. 1 know we need a checklist at this point, but 20-112 and 20-114 ultimately extended this 60 more days, our ability to have these conferences, so if we push that out we might ultimately be having that July hearing in this same manner if those executive orders are still in place. I just wanted to make that note. We will just have to keep tracking the orders and keep our laundry list going. b) District Engineer No District Engineer was present;there was no report. c)District Manager a. Report on Number of Registered Voters as of April 17,2020 b. Financial Statements—March 31,2020(Unaudited) c. Financial Statements—April 30,2020(Unaudited) Mr. Ward: The only thing 1 had for you is the Supervisor of Elections in the County where the District is located is required to report to us each year,as of April 15, the number of registered voters in the District. You have zero M. It becomes significant when you hit two thresholds. One is six years from the date of establishment and two is 250 qualified electors, you will begin to transition the District to a qualified elector-based election when you hit both of those thresholds. It looks like roughly November of 2026 before you begin that transition. There is no action required of the Board. If you have any questions, I will be glad to answer them for you. There were none. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There were no Supervisor's requests and no audience members were present. EIGHTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the Meeting at approximately 1:53 P.m. On MOTION made by Mr.Charles Cook,seconded by Mr. ian Keller, and with all in favor,the meeting was adjourned 1 Currents Co nit evelopment District mil e James P. Ward, Secretary Char oak, airperson 4IPage 4 4 16 1 1 \apLr'i ;JLIIL1; NILuLi PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 NOTICE OF ANNUAL MEETINGS CURRENTS COMMUNITY DEVELOPMENT DISTRICT FLOW WAY COMMUNITY D EV.DISTR.JPWA 2900 NORTHEAST 12 TH TERRACE S The Fiscal Year 2020 Regular Meetings of the Board of Supervi- sors of the Currents Community Development District are sched- uled for the second Wednesday of each month at 1:30 P.M., at the Offices of Coleman, Yovanovich & Koester, P A., 4001 OAKLAND PARK,FL 33334 Tamiami Trail North, Suite 300 Naples, Florida 34103,on the fol- lowing dates: October 9,2019 November 13,2019 Affidavit of Publication December 11,2019 January 8,2020 STATE OF WISCONSIN February 12,2020 March 11,2020 April 8,2020 May 13.2020 COUNTY OF BROWN June 10.2020 July 8,2020 August 12,2020 September 9,2020 Before the undersigned they serve as the authority, The meetings are open to the public and will be conducted in personally appeared said legal clerk who on oath says that accordance with the provisions of Florida Law lot Community P Y pP 9 Y Development Districts. A copy of the agenda for each meeting he/she serves as Legal Clerk of the Naples Daily News, a may he obtained from the office of the District Manager, dailynewspaper at Naples, in Collier County, .1PWard R Associates LLC. 2900 NE 12th terrace, Suite 1, publishedP Oakland Park, Florida 33334 (Phone 954 658 4900) at least Florida; distributed in Collier and Lee counties of Florida; seven (7) days in advance of the !meeting. In addition, the that the attached copy of the advertising waspublished in Agenda's will be posted on the District's web site at www.uurre ntscdd.org said newspaper on dates listed. Affiant further says that the said Naples DailyNews is a newspaper at The meetings may be cancelled or continued to a date, time and publishedlocation specified on the record at the meeting. Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuouslypublished in In accordance with the provisions of the Americans with Disabil- ities Act, any person requiring special accommodations or an in said terpreter to participate at these meetings should contact the Collier County, Florida; distributed in Collier and Lee District at (954)658.4900, at least five (5)days prior to the date of the meetings. If you are hearing or speech Impaired, please counties of Florida, each day and has been entered as contact the Florida Relay Service at 1-800-955.8770, for assis second class mail matter at the post office in Naples, in lance in contacting the District Office. said Collier County, Florida, for a period of one year next If any person decides to appeal any decision made with respect preceding the first publication of the attached copy of willanne d tarrecordofe het roc edinhese gst and meetings. ts ch such person advertisement; and affiant further says that he has neither need to ensure that a verbatim record of the proceedings is paid nor promised any person, or corporation any discount, mony ae ndtevideheir nce on wn expense h which the appeal is based and which record includes the tesli- rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Currents P. Communi Development District James P.Ward,Diss y trict Manager September 23,2019 #3800704 Published:September 23,2019 Subscribed and sworn to before on September 23,2019: -:.- .. cta_rr- Yv>..uv"c-0A.rx--_L,.-> Notary,State of WI,County of Brown r 1-AFIA MC)NDLOCH F Notary Public $tute of Wisconsin My commission expires August 6,2021 Publication Cost:$336.00 Ad No:0003800704 Customer No: 1305088 PO#: .. lei 1 s Baa ruin PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 NOTICE OF ANNUAL MEETINGS CURRENTS COMMUNITY DEVELOPMENT DISTRICT FLOW WAY COMMUNITY D EV.DISTR.JPWA 2900 NORTHEAST 12 TH TERRACE S The Fiscal Year 2020 Regular Meetings of the Board of Supervi- sors of the Currents Community Development District are sched- uled for the second Wednesday of each month at 1:30 P.M., at the Offices of Coleman, Yovanovich & Koester, P A., 4001 OAKLAND PARK,FL 33334 Tamiami Trail North, Suite 300 Naples, Florida 34103,on the fol- lowing dates: October 9,2019 November 13,2019 Affidavit of Publication December 11,2019 January 8,2020 STATE OF WISCONSIN February 12,2020 March 11,2020 April 8,2020 May 13.2020 COUNTY OF BROWN June 10.2020 July 8,2020 August 12,2020 September 9,2020 Before the undersigned they serve as the authority, The meetings are open to the public and will be conducted in personally appeared said legal clerk who on oath says that accordance with the provisions of Florida Law tot Community P Y9 Y Development Districts. A copy of the agenda for each meeting he/she serves as Legal Clerk of the Naples Daily News, a may be obtained from the office of the District Manager, JPWard 8 Associates I.L.C. 2900 NE 12th 'Ierrace, Suite 1, daily newspaper published at Naples, in Collier County, Oakland Park, Florida 33334 (Phone 954 658 4900) at least Florida; distributed in Collier and Lee counties of Florida; sever, (7) days tit advance of the meeting. In addition, the that the attached copyof the advertisingwaspublished in Agendas will be posted on the District's web site al www curie ntscdd.org said newspaper on dates listed. Affiant further says that the said Naples DailyNews is a newspaper at The meetings may be cancelled or continued to a date, time and Ppublishedlocation specified on the record at the meeting. Naples, in said Collier County, Florida, and that the said In newspaper has heretofore been continuously published in itlescAct.any pers with on requiring u�iringknspecialns of h acce ommodations scans thorJan m said terpreter to participate al ghhese meetings should contact the Collier County, Florida; distributed in Collier and Lee District al (954)658.4900, at least five (5)days prior to the date Y of the meetings.. If you are hearing or speech impaired, please counties of Florida, each day and has been entered as contact the t�Fonda Relay Service at 1•800-95541770, for assis second class mail matter at the post office in Naples, in lance in contacting the District Office. said Collier County, Florida, for a period of one year next If any person decides to appeal any decision made with respect preceding the firstpublication of the attached copyof to any matter considered at these board meetings. such person P 9 will need a record of the proceedings and such person may advertisement; and affiant further says that he has neither need to ensure that a verbatim record of the proceedings is aid norpromised anyperson, or corporation anydiscount, made at their own expense and which record includes the testi- P P mony and evidence on which the appeal is based rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Currents Community DevelopmentDistrict James P.Ward,District Manager September 23,2019 #3800704 Published:September 23,2019 •_Try,..,_ --_ Subscribed and sworn to before on September 23,2019: -:.. ..6(0._cr. Yv1.avx 4,I.rx_:_4_`:) Notary,State of WI,County of Brown ITARA NIONDLOCI-1 Notary Public State of Wisconsin My commission expires August 6,2021 Publication Cost:$336.00 Ad No:0003800704 Customer No:1305088 PO#: 16I 1 MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Currents Community Development District was held on Wednesday,July 8, 2020 at 1:30 p.m., at the Offices Coleman,Yovanovich and Koester,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Charles Cook Chairperson Ryan Futch Vice Chairperson Robert D. Summers, II Assistant Secretary Brian Keller Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Counsel Jeremy Fireline Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 1:58 p.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-52, 20-69, 20-112, 20-114, and 20-150 issued by Governor DeSantis on March 9, 2020, March 20, 2020,April 29, 2020, May 8, 2020, and June 23, 2020, and pursuant to Section 120.54(5)9b)2., Florida, Statutes, this meeting was held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board and Staff were present via videoconference or telephone; no persons were present in the on-site meeting room location. He asked all speakers to state their names for the record prior to speaking. He conducted roll call;all Members of the Board were present constituting a quorum. SECOND ORDER OF BUSINESS Consideration to fill Seat 5 Consideration to fill Seat 5,formerly Mr.Tim Martin whose resignation took effect January 29,2020 Mr. Ward indicated this was a carryover Item from the previous Meeting. He asked if the Board was prepared to appoint a new Member. He noted if not, this Item could again be continued until the next Meeting. 1iPage 16I1 Currents Community Development District July 8, 2020 Mr. Charles Cook recommended continuing this Item until the next Meeting. The Board agreed;the Item was continued. I. Appointment of individual to fill Seat 5,whose term is set to expire November 2021 II. Oath of Office III. Guide to the Sunshine Law and Code of Ethics for Public Employees IV. Form 1—Statement of Financial Interests THIRD ORDER OF BUSINESS Consideration of Resolution 2020-13 Consideration of Resolution 2020-13 re-designation the Officers of the District Mr.Ward indicated due to the previous Item being continued,this Item would also be continued until the next Meeting. FOURTH ORDER OF BUSINESS Consideration of Minutes May 13, 2020 Regular Meeting Mr.Ward asked if there were any corrections,additions,or deletions of the May 13,2020 Regular Meeting Minutes; hearing none, he called for a motion to approve the Minutes. On MOTION made by Mr. Brian Keller, seconded by Mr. Charles Cook, and with all in favor, the May 13, 2020 Regular Meeting Minutes were approved. FIFTH ORDER OF BUSINESS Consideration of Resolution 2020-14 Consideration of Resolution 2020-14, a Resolution of the Board of Supervisors of Currents Community Development District Authorizing the Acquisition of certain Potable Water and Wastewater Utility Facilities from the Developer,Taylor Morrison of Florida, Inc.,and Authorizing the conveyance of such Potable Water and Wastewater Utility Facilities to Collier County;Authorizing the Chairman or the Vice Chairman (in the Chairman's absence)to Execute such conveyance documents to the extent necessary to evidence the District's Acceptance and Conveyance Mr. Ward reported Resolution 2020-14 authorized the acquisition of certain wastewater utility facilities from the developer,Taylor Morrison, authorized the conveyance of these facilities to Collier County, and authorized the various documents to be signed by the Chairperson or Vice Chairperson for the District. Mr. Urbancic: We are going to see a couple more almost identical to this. Essentially you have the standard Collier County conveyance documents which are to make sure the utilities hit the District(water and sewer utilities) with one step to convey it to the District, and then onto the County. Then everything else is ancillary backup information to the requisition. This would be a future requisition once we fund the 2IRage tb % Currents Community Development District July 8, 2020 bonds. So, it's memorialized by the fact that there is a note pursuant to our existing acquisition agreement that we approved at the last meeting. Really, there are just the ancillary documents which go along with this just to convey title,show how much was paid, the backup information regarding contracts, where it's located, and those types of matters. Mr. Ward: Just for the record, I see we have this as an authorizing Resolution, but this has already been done and signed pursuant to previous authorization that the Board has in place, so this is really a ratification of actions that had been previously taken. Mr. Ward asked if there were any questions or comments; hearing none, he called for a motion. On MOTION made by Mr.Charles Cook,seconded by Mr.Rob Summers, and with all in favor, Resolution 2020-14 was adopted, and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS PUBLIC HEARINGS Mr.Ward indicated the next order of business was the public hearings with respect to the Fiscal Year 2021 Budget for the District. a. PUBLIC HEARING—FISCAL YEAR 2021 BUDGET I. Public Comment and Testimony Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. Brian Keller, seconded by Mr. Charles Cook, and with all in favor,the Public Hearing was opened. Mr.Ward noted this was the opportunity for any members of the public present by phone or video conference to ask questions or make comments with respect to the Budget. He indicated he saw no members of the public on video conference. He asked if there were any public comments or questions;hearing none,he called for a motion to close the Public Hearing. On MOTION made by Mr. Brian Keller, seconded by Mr. Charles Cook, and with all in favor,the Public Hearing was closed. II. Board Comment Mr. Ward indicated he transmitted a revision of the proposed Budget for Fiscal Year 2021 to the Board earlier in the day. He explained the primary change in this revision was to remove a number of the operating items which would continue to be handled by the developer during the permitting and compliance portion of the stormwater management preserve section. He stated the revised Budget included revised assessment levels for administrative operations and some minor operations related to the maintenance of the lake systems within the District. He indicated Wage tb Currents Community Development District July 8, 2020 it was important to note that the Budget was being levied over all 1,250 property units in the District and contemplated assessment levels ranging from $80.70 dollars per unit for multifamily units up to$197.46 dollars per unit for the 70 to 80 foot property line units. He noted contained within the Budget were also full buildout estimates, as if the District were in full operation at completion of construction of the project, and those assessment levels were substantively different than what would be adopted today. He explained these full buildout assessment levels were for reference only and would be updated on a yearly basis going forward. He reported the Debt Service Fund Budget was the same as previous; it contemplated the repayment of the bond anticipation note in place and the interest due next year. He stated at this moment it was anticipated this would be fully paid before Fiscal Year end, but for purposes of the budget today it was included. He explained at some point there would be an opportunity to amend the Budget for next year. He asked if there were any questions or comments from the Board; there were none. III. Consideration of Resolution 2020-15 adopting the annual appropriation and Budget for Fiscal Year 2021 Mr. Ward called for a motion for Resolution 2020-15 with the amended Budget provided to the Board. On MOTION made by Mr.Charles Cook,seconded by Mr.Rob Summers, and with all in favor, Resolution 2020-15 was adopted as amended,and the Chair was authorized to sign. b. FISCAL YEAR 2021 IMPOSING SPECIAL ASSESSMENTS; ADOPTING AN ASSESSMENT ROLL, APPROVING THE GENERAL FUND SPECIAL ASSESSMENT METHODOLOGY AND SETTING AN OPERATIONS AND MAINTENANCE CAP FOR NOTICE PURPOSES ONLY Mr.Ward stated the amounts contained in the exhibits for Resolution 2020-16 would be amended to correspond to the adopted Budget just approved pursuant to Resolution 2020-15. He stated Resolution 2020-16 put into place the assessment levels and authorized the assessments to be placed on the tax rolls this coming November. I. Public Comment and Testimony Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. Brian Keller, seconded by Mr. Charles Cook, and with all in favor,the Public Hearing was opened. Mr. Ward asked if there was any public comment or testimony; hearing none, he called for a motion to close the Public Hearing. On MOTION made by Mr. Charles Cook, seconded by Mr. Brian Keller, and with all in favor,the Public Hearing was closed. II. Board Comment 4IPage to I Currents Community Development District July 8, 2020 There was no Board Comment. III. Consideration of Resolution 2020-16 imposing special assessments, adopting an assessment roll,and approving the general fund special assessment methodology On MOTION made by Mr. Charles Cook, seconded by Mr. Ryan Futch, and with all in favor,Resolution 2020-16 was adopted as amended,and the Chair was authorized to sign. IV. Consideration of Resolution 2020-17 setting an operations and maintenance cap for notice purposes only Mr.Ward reported Resolution 2020-17 took the assessment rates adopted pursuant to Resolution 2020-16 and set in place a cap rate which if the District exceeded would then require the District to do mailed notice to all property owners in the District. He stated this was an optional Resolution which was recommended in order to ensure mailed notice did not need to be sent out annually. He asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Brian Keller, seconded by Mr. Charles Cook, and with all in favor, Resolution 2020-17 was adopted, and the Chair was authorized to sign. SEVENTH ORDER OF BUSINESS Resolution 2020-18 Consideration of Resolution 2020-18 designating dates,time,and location for regular meeting of the Board of Supervisor's for Fiscal Year 2021 Mr.Ward stated Resolution 2020-18 set the Board Meeting dates,time and locations for Fiscal Year 2021. He noted the dates, times and locations were not fixed and could be changed, added to, or subtracted from as the Board deemed appropriate. He indicated Meetings were scheduled for the second Wednesday of every month at 1:30 p.m. at the Offices Coleman,Yovanovich and Koester,4001 Tamiami Trail North,Suite 300,Naples,Florida 34103. He suggested changing the meeting time to 2:30 p.m.;there was no objection from the Board. He noted the schedule set the meetings for every month, but meetings would only be held as needed. Discussion ensued regarding the dates of future meetings, holding a meeting on July 21,2020 for the pending bond issue,and advertising the July 21,2020 meeting separately from this Resolution. Mr.Ward asked if there were any additional questions; hearing none, he called for a motion to adopt the Resolution as amended. On MOTION made by Mr.Charles Cook,seconded by Mr.Rob Summers, and with all in favor, Resolution 2020-18 was adopted as amended,and the Chair was authorized to sign. Wage Pagr 1611 Currents Community Development District July 8, 2020 EIGHTH ORDER OF BUSINESS Consideration of Proposals Consideration of proposals for providing Audit Services to the District for the Fiscal Years 2021-2025 Mr.Ward stated the next Item on the Agenda was consideration of Audit Proposals for the District for the Fiscal Years 2021 through 2025. He explained pursuant to Florida Statute the District advertised for Proposals; Requests for Proposals were sent to a number of auditing firms including Berger, Toombs, Elam, Gaines & Frank, Dufresne & Associates, Grau & Associates, Keefe, McCullough & Company, McDirmit Davis & Company, and Carr Riggs & Ingram. He reported two Proposals were received: one from Grau&Associates and one from Berger,Toombs,Elam,Gaines&Frank. He noted an auditor analysis form was included in the Agenda Packet. He indicated he prepared a draft of the auditor analysis form which ranked the audit firms by evaluating mandatory elements, technical qualifications, and price. He indicated the Board was not required to utilize the ranking provided by himself of the audit firms; it was a guide only. He stated both firms met the mandatory elements equally; in technical qualifications Grau rated slightly higher than Berger(this was a personal opinion in that he believed Grau's Staff was better than Berger's); and with respect to price Grau estimated $16,000 dollars and Berger estimated $21,400 dollars. He noted this was a substantial difference in pricing. He indicated according to the analysis Grau was ranked #1, and Berger was ranked #2; the Board was free to adopt the ranking of the firms as presented or change the ranking as deemed appropriate. He asked the Board to discuss the matter. On MOTION made by Mr. Brian Keller,seconded by Mr. Rob Summers, and with all in favor,Grau was ranked as the#1 audit firm and Staff was authorized to enter into an agreement with Grau. NINTH ORDER OF BUSINESS Staff Reports a)District Attorney No report. b) District Engineer No report. c)District Manager a. Financial Statements—June 30,2020(Unaudited) No report. TENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests or audience comments;there were none. Wage � 6I Currents Community Development District July 8,2020 ELEVENTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the Meeting at approximately 2:19 p.m. On MOTION made by Mr. Brian Keller,seconded by Mr. Charles Cook, and with all in favor,the meeting was adjourned. Currents Community Development District • //J1/ �/ James PiWard,Secretary Char! s Cook, airperson 7IPage 161 I • Napits i 4,, 4 a PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 CURRENTS CDD 2900 NE 12TH TER# 1 OAKLAND PARK, FL 33334-4447 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County. Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Published:06124/2020,07/01/2020 Subscribed and sworn to before on July 1,2020: Notary,State of WI,County of Brown 1 nr;A. MONr LOCI I Notr,ry Public Y :Mute of VVisconsin My commission expires August 6,2021 Publication Cost:S1,806.00 Ad No: 0004241617 Customer No: 1387852 PO#: of Affidavits 1 This is not an invoice 161 CURRENTS COMMUNITY DEVELOPMENT DISTRICT NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2021 BUDGETS; AND NOTICE OF PUBLIC HEAR- ING TO CONSIDER THE IMPOSITION AND LEVY OF MAINTE- NANCE AND OPERATION SPECIAL ASSFSSf1AENTS; ADOPTION(IF AN ASSESSMENT ROLL,AND THE USE OF THE UNIFORM COLLEC- TION,AND ENFORCEMENT OF THE SAME;AND NOTICE OF REG- ULAR BOARD OF SUPERVISORS'MEETING. The Roard of Supervisors for Currents Community Development District will hold two public hearings and n regular meeting on July 8, 2020 at 1:30 p.m. it the offices of Coleman, Yovanovich g Koester, 4001 Tamiami Trb7 North, Suite 300, Naples Florida 34103. Consistent with recent Executive Orders, there will not be any Supervisors or staff physically present at a specific meet- ing location for this meeting. The meeting is being held for the necessary public purpose of considering such business as more fully identified in the meeting agenda, a copy of which will he posted on the District's vwebsite at',aww,currentscdd.org, With the State of Emergency in Florida, and pursuant to Execu- tive Orders 20-52. 20.6T, 20-112 and 20-114 issued by Governor DeSentis on March 4,2020, March 20,2020, April 29,2020 and May 8, 2020, respectively, and pursuant to Section 120.54(5)9b)2., Florida, Statutes, this meeting will be held utiliz- ing communication media technology due to the current(OVID- 19 public health emergency. Toward that end, anyone wishing to listen and participate in the meeting can do so by connecting to a link that:rill be posted on the District's web site rmsv-curre ntscdd.org. The purpose of the first public hearing is to receive public com- ment and objections on the Fiscal Year 2021 Proposed Budgets. The first public hearing is being conducted pursuant to Chapter 19,o, Florida Statutes. The purpose of the second public hearing is to consider the Imposition of special assessments to fund the District's proposed operation and maintenance budget for Fiscal Yeur 2021 upon the lands located within the District, a depic- tion of which lands is shown below, consider the adoption of a cap rate for notice purposes only and to consider the adoption of ars assessment roll for the uniform collection, and enforce. mant of the assessments. The second public hearing is being conducted pursuant to Florida law including Chapters 190 and 197, Florida Statutes. At the conclusion of the public hearings, the Board will,by resolution, adopt the budgets and levy assess- ments to fund the operation and maintenance budget as finally approved by the Board. A regular board meeting of the District will also be held where the Board may consider any other business that may properly come before it- A copy of the proposed budgets, preliminary assessment roll, and the agenda for the hearings and meeting may be obtained at the offices of the District Manager, Ph:(954)658-4900,during normal business hours or on the District's web site svww-currant scdd-org at:east seven(7)days in advance of the meeting. In addition, you may obtain a copy of the proposed budget on the District's web site:www.currentscdd.org immediatefy. The special assessments are annually recurring assessments and are in addition to previously levied capital debt assessments. The table below presents the proposed schedule of operation and maintenance assessments for Fiscal Year 24)21 Amounts are preliminary and subject to change at the bearing and in any fu- ture year The amounts are subject to early payment discount as afforded by the uniform collection law. Note that the opera- tions and maintenance assessments stated below do not include any debt service assessments previously levied by the District and due to be collected for Fiscal Year 2021. The tax collector will collect the assessments pursuant to the uniform method. The District may choose to collect the assess- ments for deva!oper owned land not pursuant to the uniform method. Failure to pay the assessments collected by the Tax Collector us- ing the uniform method will cause a tax certificate to be issued against the properly which may result in a tax deed and foss of title, For delinquent assessments that were initially directly bil- led by the District, the District may initiate a foreclosure action or may place she delinquent assessments on the next year's county tax brill All affected property owners have the right to appear at the public hearings and the right to file written objec- tions with the District within twenty (20) days of publication of this notice. The public hearings and meeting are open to the public and will be conducted in accordance va,h the provisions of Florida Law for Community Development Districts. The public hearings and meeting may be continucn to a date, time, and place to be specified on the record at the hearings or meeting. Any person requiring special aecommodetions at this meeting because of a disability or physical impairment should contact the District Orrice at (954) i558-e900 at least forty-eight (48) boors prior to the meeting if you are hearing or speech im- paired, please cont:_..t the Florida Relay Service by dialing 7.1.1, or 1.800.955.811.1 (rTY)11.800.955-87 J0 (Voice), for aid in con- tact inn the District()ithe 161 Each person who decides to appeal any decision made by the Board with respect to any matter considered at the public nedr• ings or meeting is advised that person will need a record of pro- ceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be lased. Currents Community Development District James P.Ward,District Manager rfcra Pub Date:tune 24:July 1,2020 a14tEtaNg C 16I1 MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Currents Community Development District was held on Wednesday,August 12, 2020 at 1:30 p.m., at the Offices Coleman, Yovanovich and Koester, 4001 Tamiami Trail North,Suite 300, Naples, Florida 34103. Present and constituting a quorum: Charles Cook Chairperson Ryan Futch Vice Chairperson Robert D. Summers, II Assistant Secretary Brian Keller Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Counsel Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District ManagerJames P. Ward called the meeting to order at approximately 1:30 p.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-52, 20-69, 20-112, 20-114, and 20-150 issued by Governor DeSantis on March 9, 2020, March 20, 2020,April 29, 2020, May 8, 2020,and June 23, 2020, and pursuant to Section 120.54(5)9b)2., Florida, Statutes, this meeting was held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board and Staff were present via videoconference or telephone; no persons were present in the on-site meeting room location. He asked all speakers to state their names for the record prior to speaking. He conducted roll call;all Members of the Board were present constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Minutes July 21, 2020 Regular Meeting Mr.Ward asked if there were any corrections,additions,or deletions for the July 21,2020 Regular Meeting Minutes; hearing none, he called for a motion to approve the Minutes. 1lPage Currents Community Development District August 12, 2020 t6It On MOTION made by Mr. Charles Cook, seconded by Mr. Brian Keller, and with all in favor, the July 21, 2020 Regular Meeting Minutes were approved. THIRD ORDER OF BUSINESS Consideration of Resolution 2020-23 Consideration of Resolution 2020-23, a Resolution of the Board of Supervisors of Currents Community Development District Supplementing Resolution No. 2020-2, which Resolution previously equalized, approved, confirmed, imposed and levied Special Assessments on and peculiar to property specially benefited(apportioned fairly and reasonably)by the District's Projects;Amending Resolution No.2020- 4,which Resolution previously set forth matters relating to Special Assessments reflecting the specific terms of the Currents Community Development District Bond Anticipation Note,Series 2019; Approving and Adopting the Currents Community Development District Final Supplemental Special Assessment Methodology for Capital Improvement Bonds, Series 2020a and Capital Improvement Revenue Bonds, Series 2020b prepared by JPWard & Associates, LLC. Dated July 27t 2020, which applies the Master Methodology previously adopted to Assessments reflecting the Specific Terms of the Currents Community Development District Capital Improvement Revenue Bonds,Series 2020a and the Currents Community Development District Capital Improvement Revenue Bonds,Series 2020b;Providing for the Supplementation of the Special Assessments as set forth in the Improvement Lien Book Mr. Ward noted the primary purpose of today's Meeting was consideration of resolutions regarding the Series 2020 Bonds. He indicated Mr. Urbancic would review the resolutions. He reviewed the terms and conditions of the Series 2020A Bonds: The District was successful in issuing the Series 2020A Bonds, and the underwriter did an excellent job for the District in respect to the bonds. He indicated there were two series of Bonds, the 2020A Bonds in the amount of$11,460,000 dollars and 2020B Bonds in the amount of$15,310,000 dollars. He stated the Series 2020A Bonds covered the 509 units within the Phase I and Phase II development areas, were long term bonds which matured on May 1, 2051, had coupons in the range of 3%to 4%with an average coupon rate of 3.96,and had an all-in interest cost of 4.31%. He stated the Series 2020E Bonds covered all 1,250 units within the District and would pay off the 2019 Band that the District issued for purposes of the acquisition of certain drainage facilities. He noted the Series 2020B Bonds carried a coupon rate of 4.25%and had a bullet maturity of the full par amount$15,310,000 dollars on May 1, 2041. He stated between now and May 1, 2041 this would be paid interest only on May 1 and November 1, roughly in the amount of$325,340 dollars every 6 months. He indicated the District was set to close on August 25, 2020 for both series of bonds. Mr. Greg Urbancic: Resolution 2020-23 is our supplemental assessment resolution. We previously levied assessments related to the 2019 note which we are refinancing in this particular case and we are also levying assessments with respect to the Series 2020A Bonds. When we did our final assessment proceedings, it contemplated that at the time we actually issue bonds, we would do a supplemental resolution, which would be our bring down resolution, which would fix the assessments based upon the terms of the bond. What this assessment does is essentially acknowledge the history of what we have gone through regarding the assessments related to the 2019 note, and we are replacing those with the Series 20208 assessments and also we have the Series 2020A assessments that apply to the 2020A Bonds. Now, they are separate assessments, and they will each go in the assessment lien book that we have. This essentially adopts Mr. Ward's assessment methodology supplemental assessment report, which is in final 2IPage Currents Community Development District August 12, 2020161 I form at this point. That's really the purpose of this Resolution. It is not a long resolution, but it accomplishes a lot in terms of fixing the assessments for 2020A and 20208. Mr. Ward asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Charles Cook, seconded by Mr. Robert Summers, and with all in favor, Resolution 2020-23 was adopted, and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Consideration of Resolution 2020-24 Consideration of Resolution 2020-24 a Resolution of the Board of Supervisors of Currents Community Development District Authorizing the Acquisition of certain potable water and wastewater utility facilities related to Phase 1B from the developer,Taylor Morrison of Florida, Inc., and Authorizing the conveyance of such potable water and wastewater utility facilities to Collier County Mr. Urbancic: I'm going to describe the next three resolutions collectively and then we can take up motions individually. They are all basically the same. What they amount to—2020-24 has to do with the District's acquisition of certain potable water and sanitary sewer facilities in what we call Phase 18 of the development. We do this because we have to take the facilities and then convey them to Collier County which will allow us to fund them later when we issue the bonds. These documents are a memorialization, a sort of ratification of what was being done under the existing Acquisition Agreement. The first resolution will be Phase 1B, the second resolution will be Zeno Way, and the third resolution will be Phase 1D. The documents are substantially identical except for the material terms on where the facilities are located and how much we will ultimately pay for those facilities once we issue bonds. There are no funds transferring at this moment, but this is in part why we are issuing the Series 2020A Bonds to fund, not only these three items, but some other requisition items under the acquisition agreement. The first one is Resolution 2020- 24 which is Phase 1B. Just asking someone to approve that resolution which essentially ratifies and accepts the acceptance and conveyance documents. On MOTION made by Mr. Brian Keller, seconded by Mr. Charles Cook, and with all in favor, Resolution 2020-24 was adopted, and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Consideration of Resolution 2020-25 Consideration of Resolution 2020-25, a Resolution of the Board of Supervisors of Currents Community Development District authorizing the acquisition of certain potable water and wastewater utility facilities related to Zeno Way from the developer,Taylor Morrison of Florida, Inc.,and Authorizing the conveyance of such potable water and wastewater utility facilities to Collier County Mr. Urbancic: 2020-25, again, same document set, but these are the potable water and wastewater facilities for Zeno Way. I would ask for the same form of acceptance and ratification. 3IFage Currents Community Development District August 12, 2020 ' On MOTION made by Mr. Brian Keller, seconded by Mr. Robert Summers, and with all in favor, Resolution 2020-25 was adopted, and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS Consideration of Resolution 2020-26 Consideration of Resolution 2020-26, a Resolution of the Board of Supervisors of Currents Community Development District authorizing the acquisition of certain potable water and wastewater utility facilities related to Phase 1D from the Developer,Taylor Morrison of Florida, Inc., and authorizing the conveyance of such potable water and wastewater utility facilities to Collier County Mr. Urbancic: Last one is Resolution 2020-26. These are for Phase 1D. Again, same set of documents except as particular to this particular Phase. I would ask for someone to make a motion approving Resolution 2020-26 related to the Phase 1D. On MOTION made by Mr. Charles Cook, seconded by Mr. Robert Summers, and with all in favor, Resolution 2020-26 was adopted, and the Chair was authorized to sign. SEVENTH ORDER OF BUSINESS Staff Reports a)District Attorney Mr. Urbancic: The bonds are anticipated to close August 25`h; this will be our formal closing date. I will be happy to answer any questions, but I didn't have any further report. b) District Engineer No report. c)District Manager a. Financial Statements—July 31,2020(Unaudited) No report. EIGHTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests; there were none. He asked if there were any audience comments;there were none. NINTH ORDER OF BUSINESS Adjournment 4IPage 161 1 "' Currents Community Development District August 12,2020 Mr.Ward adjourned the Meeting at approximately 1:43 p.m. On MOTION made by Mr. Robert Summersseconded by Mr. Brian C Keller,and with all in favor,the meeting was adjourned. Currents Community Development District • LIl'(,. James P:Ward,Secretary Ch ok,Chair erson SIPage I 1611 MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Currents Community Development District was held on Wednesday, October 14, 2020 at 2:00 p.m., at the Offices Coleman,Yovanovich and Koester, 4001 Tamiami Trail North,Suite 300, Naples, Florida 34103. Present and constituting a quorum: Ryan Futch Vice Chairperson Robert D. Summers, II Assistant Secretary Brian Keller Assistant Secretary Absent: Charles Cook Chairperson Also present were: James P. Ward District Manager Greg Urbancic District Counsel Jeremy Arnold District Engineer Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P.Ward called the meeting to order at approximately 2:01 p.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-69, 20-112, 20-114, 20-150, 20- 179, 20-193 and 20-246 issued by Governor DeSantis on March 20, 2020, April 29, 2020, May 8, 2020, June 23, 2020, July 29, 2020, August 7, 2020 and September 30, 2020 respectively, and pursuant to Section 120.54(5)9b)2.,Florida,Statutes,this meeting was held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board and Staff were present via videoconference or telephone; no persons were present in the on-site meeting room location. He asked all speakers to state their names for the record prior to speaking. He conducted roll call; all Members of the Board were present constituting a quorum, with the exception of Supervisor Charles Cook. SECOND ORDER OF BUSINESS Consideration to fill Seat 5 Consideration to fill Seat 5,formerly Mr.Tim Martin whose resignation took effect January 29,2020. Wage Currents Community Development District October 14, 2020 1611 I. Appointment of individual to fill Seat 5,whose term is set to expire November 2021. II. Oath of Office. III. Guide to the Sunshine Law and Code of Ethics for Public Employees. IV. Form 1—Statement of Financial Interests. Mr.Ward asked if the Board wished to appoint an individual to fill Seat 5 at today's Meeting or if this Item should be deferred to the next Meeting. Mr. Brian Keller asked to defer this Item until the next Meeting; the Board agreed, and this Item was deferred. THIRD ORDER OF BUSINESS Consideration of Resolution 2021- Consideration of Resolution 2021-, Re-Designation of the Officers of the District This Item was a companion Item to the Second Order of Business;therefore,this Item was deferred until the next Meeting as well. FOURTH ORDER OF BUSINESS Consideration of Resolution 2021-1 Consideration of Resolution 2021-1 to amend Resolution 2020-18 which sets a revised time only for the Fiscal Year 2021 Meetings Mr. Ward: Resolution 2021-1 ratifies the time of the regular Board Meeting dates, time, and location for your 2021 Fiscal Year. There was an error in the last Resolution which the Board previously adopted, so I am just putting this back on the Agenda to ratify what the intent was. The Board Meeting dates, time, and location are notated in the Resolution: 2:00 p.m. at the Offices Coleman, Yovanovich and Koester, 4001 Tamiami Trail North,Suite 300,Naples, Florida 34103. He asked if there were any questions;hearing none, he called for a motion. On MOTION made by Mr. Brian Keller, seconded by Mr. Robert Summers,and with all in favor,Resolution 2021-1 was adopted,and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Consideration of Ratification Ratification of Agreement with Property Appraiser and Tax Collector to utilize the Uniform Method of Collection for Assessments levied by the District Mr. Ward: We went through this process a number of months ago. The agreement was signed by the Chair and signed by the Property Appraiser and Tax Collector. I just put this on the record to ensure we have a ratification for purposes of the record itself. He asked if there were any questions; hearing none, he called for a motion. 2IPage 16i1' Currents Community Development District October 14, 2020 On MOTION made by Mr. Brian Keller, seconded by Mr. Robert Summers,and with all in favor,the Agreement was ratified. SIXTH ORDER OF BUSINESS Consideration of Minutes August 12,2020 Regular Meeting Mr. Ward asked if there were any corrections, additions, or deletions for the August 12, 2020 Regular Meeting Minutes; hearing none, he called for a motion to approve the Minutes. On MOTION made by Mr. Brian Keller, seconded by Mr. Robert Summers, and with all in favor, the August 12, 2020 Regular Meeting Minutes were approved. SEVENTH ORDER OF BUSINESS Staff Reports a)District Attorney Mr. Greg Urbancic: This will probably be our last telecommunication Meeting. Given the Governor's statements we will probably have to convene in person, or have enough of a quorum present in person in order to have our meetings,as it has been indicated he will not extend the Executive Order, so unless something changes significantly health-wise, I think this is where we are. Everyone should prepare accordingly. b) District Engineer No report. c)District Manager a. Financial Statements—August 31,2020(Unaudited) b. Financial Statements for period ending September 30,2020(Unaudited) No report. EIGHTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests; there were none. He asked if there were any audience comments;there were none. NINTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the Meeting at approximately 2:10 p.m. 3IPage 1611a. Currents Community Development District October 14, 2020 'On MOTION made by Mr. Brian Keller, seconded by Mr. Robert Summers,and with all in favor,the meeting was adjourned. Currents Community Development District /41.4 _ James .Ward,Secretary Chari ok,Ch 'rperson 41Page 161 1 71: ktiL P PT OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 CURRENTS CDD 2900 NE 12TH TER# 1 OF ANNU OAKLAND PARK, FL 33334-4447 CURRENTS NOTICE COMMUNITYDEVELOPMENT DISTRICT Tiscae RegularMeetings o B of Supervi- sorshe ofF thleY Currentsar2021 CommunityMe Devetinlopmentthe Districtoard are sched- Affidavit of Publication uled for the second Wednesday of each month at 2:00 P.M.,at STATE OF WISCONSIN the Offices of Coleman, Yovanovich & Koester, PA.. 4001 Tamiami Trail North,Suite 300 Naples, Florida 34103,on the fol- COUNTY OF BROWN lowing dates: October 14,2020 November 11,2020 Before the undersigned they serve as the authority, December 9,2070 January 13,2021 personally appeared said legal clerk who on oath says that Aprill 1n 202 2021 March ay 12,202121 he/she serves as Legal Clerk of the Naples Daily News. a June 9,2021 July 14,2021 August 11,zozl September 8,2021 daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; The meetings are open to the public and will be conducted in accordance with the provisions of Florida Law for Community that the attached copy of the advertising was published in Development Districts. A copy of the agenda for each meeting said newspaper on dates listed. Affiant further says that the may be obta'ned from the office of the District Manager, said Naples Daily News is a newspaper JPWard & Associates LLC, 2900 NE 12th Terrace, Suite 1, published at Oakland Park, Florida 33334 (Phone 954 658 4900) at least Naples, in said Collier County, Florida, and that the said seven (7) days in advance of the meeting. In addition, the newspaper has heretofore been continuously published in ntsscdd Agenda's be posted on the District's web site at www.curre said The d t Collier County, Florida; distributed in Collier and Lee location specified ed s maon the record atbe cancelldrthe meecontinuting.o a date,time and counties of Florida, each day and has been entered as In accordance with the provisions of the Americans with a l- second class mail matter at the post office in Naples, in hies Act, any person requiring special accommodations orr an n in- terpreter to participate at these meetings should contact the said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of ofsthetmeeat tngs. If youarethearingleastve or(speech imparedhplease advertisement; and affiant further says that he has neither contact the Florida Relay Service at 1-800-955-8770, for assis- paid nor promised any person, or corporation any discount, lance in contacting the District Office. If any person decides to appeal any decision made with respect rebate, commission or refund for the purpose of securing to any matter considered at these board meetings, such person this advertisement for publication in the said newspaper. will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings s Published: 09/06/2020 made at their own expense and which record includes the testi- �`� mony and evidence on which the appeal is based. Currents Community Development District James P.Ward,District Manager Pub Date:September 6,2020 #4347695 Subscribed and sworn to before on September 6,2020: • .1)0a.u_IrV1, eevt r.t.L ex i-'. Notary,State of WI,County of Brown TARA MONDLOCIl Notary Public t— State of Wisconsin My commission expires August 6, 2021 Publication Cost: $336.00 Ad No: 0004347695 Customer No: 1387852 PO#: notice of annual meetings #of Affidavits This is not an invoice t611 OATH on (Art. STATE OF FLORIDA § ),Fla. Coast.) C[p/1 • � County of eo 2 1��� ! I do solemnly swear (or affirm) that I will support, rotes PP � protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State,and that I will well and faithfully perform the duties of S £>z v i SO w£~7W aR fS�a�'Ct`f cD.1) S£a(Title of Office) f 3 on which I am now about to enter, so help me God. [NOTE; If you affirm,you may omit the words "so help u meGod.» See§92.52,Fla.Stat.] 1).--P(A) Signature Zi/C:=) Sworn to and subscribed before me this day of Signature of Officer Administering Oath or of Notary Public Print, Type, or Stamp Commissioned Name V �Nory Public Personally Known 0 OR Produced Identification ❑ Type of Identification Produced - - - - - --- - -- - -- - - - - -- -- - - - - - - - - -- - -- -- -- - - - - ACCEPTANCE I accept the office listed in the above Oath of Office. Mailing Address: kiflome ❑Office ��.3 (l�•v� �(,, f ( W 7o rem Street or Post Office Box pp 7......eo a Cs tL . 354//3 l� City,State,Zip Co e Signature DS-DE 56(Rev.11/16) 16t 1 '=.{�Y - • _ �.✓' /---.-,��--` • "-----�.-- -.''_''' -'.Jam-• 6., . :4, ,.. . •••,, .., • „Ai,: •• .4 • . .--4e-.. -V—st26.- •tc.f.i,\-..:•` . . • '-'N iiityp 0), i.4 i r"tal - 410 IL ��j��� OF FI,QdA •,14 r ••••--\ 441' ri: . ., i: -...z- J ,› ... .., t i, t,�:: P �' IL • In the Name and by the Authority of the �?� f • STATEOFFLORIDA . ; I, Rick Scott, Governor of Florida, by virtue of the authority vested in me , P. , . Constitution and Laws ofthis State, do herebycommission , � ,, bytheC s • i Paul W Zotter ` •, who was duly elected on the Eighth day of November, A.D., 2016, to be - ' I ;, el Board of Supervisors, ` , ` Wentworth Estates Community Development District, , - ,. Collier County, Seat Three ,�µ for a term beginning on the Twenty-Second day of November, A.D., 2016, '<- f until the Sixteenth day of November, A.D., 2020, according to the f.-, Constitution and Laws of the State and in the Name of the People of the State of Florida to have, hold and exercise the said office, and all the powers and responsibilities appertaining thereto, and to receive the .j'' 1. !.-- privileges and emoluments thereof in accordance with the law.>. _. ti `�.�` ':;:� In Testimony Whereof, I do hereunto set my hand c ` ,I. •'� and cause to be affixed the Great Seal ofthe State, r .ter ... ` g± at Tallahassee, the Capital, this the Fifth day of ! ;✓.t ilr,; « December,A.D.,2016, and of the Independence of 9 t the United States the Two Hundred and Forty-First 7 r" itt t "' year.�; tom` '� ATTEST: ' K. , , I .--:: ) ( ':'',-? t'riAt ati;a° r4.( . . . f J Secretary of State Governor of Florida �... '• 1e 1 1 MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Currents Community Development District was held on Wednesday, February 10, 2021 at 2:00 p.m.,at the Offices Coleman, Yovanovich and Koester, 4001 Tamiami Trail North,Suite 300, Naples, Florida 34103. Present and constituting a quorum: Ryan Futch Vice Chairperson Robert D. Summers, II Assistant Secretary Brian Keller Assistant Secretary Absent: Charles Cook Chairperson Also present were: James P. Ward District Manager Greg Urbancic District Counsel Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 2:00 p.m. He conducted roll call; all Members of the Board were present constituting a quorum,with the exception of Supervisor Charles Cook. SECOND ORDER OF BUSINESS Consideration to fill Seat 5 Consideration to fill Seat 5,formerly Mr.Tim Martin whose resignation took effect January 29, 2020. I. Appointment of individual to fill Seat 5,whose term is set to expire November 2021 II. Oath of Office III. Guide to the Sunshine Law and Code of Ethics for Public Employees IV. Form 1—Statement of Financial Interests Wage 16 11�. Currents Community Development District February 10, 2021 Mr. Ward asked if the Board wished to appoint an individual to fill Seat 5 at today's Meeting or if this Item should be deferred to the next Meeting. The Board decided to defer this Item. THIRD ORDER OF BUSINESS Consideration of Resolution 2021- Consideration of Resolution 2021-, Re-Designation of the Officers of the District This Item was a companion Item to the Second Order of Business;therefore,this Item was deferred until the next Meeting as well. FOURTH ORDER OF BUSINESS Consideration of Resolution 2021-2 Consideration of Resolution 2021-2 a Resolution of the Board of Supervisors of the Currents Community Development District Extending the terms of office of all current Supervisors to coincide with the General Election pursuant to section 190.006 of the Florida Statutes. Mr. Ward: Resolution 2021-2 extends the terms of office for all current supervisors. The way in which the Statute works for Districts that were established in odd years, those Districts can adopt a resolution to extend or reduce their term to an even numbered year. The thought process is, then by the time you get to a qualified elector-based election they then coincide with general elections that we have here in the State. This resolution merely extends your terms of office until the next general election which would be the 2022 timeframe and your seats would be extended accordingly. So, they either go from 2021 to 2022, or 2023 to 2024 depending upon which seat you are on. He asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Brian Keller, seconded by Mr. Robert Summers, and with all in favor, Resolution 2021-2 was adopted, and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Consideration of Resolution 2021-3 Consideration of Resolution 2021-3, a Resolution of the Board of Supervisors of Currents Community Development District;Authorizing the execution and delivery of an Amended Engagement Letter with Grau&Associates to provide Financial Audit Services Mr. Ward: Resolution 2021-3 amends the engagement letter with Grau & Associates for our financial audit services. With the recent financing that we did for the 2020A and B bonds, we have additional compliance requirements and additional what we call funds which are basically balance sheets and income statements in the governmental world. As such, the auditor is requesting an additional fee for handling those additional services. The amount that they have recommended to increase are $1,000 dollars due to the additional funds that we have, so it raises the fee schedule for 2021-2024 to $4,100 dollars (in 2021), and that increases by$100 dollars each year to$4,200(in 2022), $4,300(in 2023), and $4,400 dollars(in 2024). He asked if there were any questions; hearing none, he called for a motion. Wage 611 Currents Community Development District February 10, 2021 Discussion ensued regarding the amount of cost increase and how the Resolution authorized said increase. On MOTION made by Mr. Brian Keller, seconded by Mr. Ryan Futch, and with all in favor, Resolution 2021-3 was adopted, and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS Consideration of Resolution 2021-4 Consideration of Resolution 2021-4, a Resolution of the Board of Supervisors of the Currents Community Development District ratifying the time of the Regular Meetings of the Board of Supervisors of the District Mr. Ward: This Resolution ratifies the time of the Regular Meeting of the Board of Supervisors. Essentially, we had to change the time slightly in order to accommodate schedules by removing it to 2:30 p.m. instead of 2:00 p.m., but in order to do that I am asking you to adopt a Resolution which ratifies that new schedule for you. It leaves the dates and the location at the same place. He asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Brian Keller, seconded by Mr. Robert Summers, and with all in favor, Resolution 2021-4 was adopted, and the Chair was authorized to sign. SEVENTH ORDER OF BUSINESS Consideration of Resolution 2021-5 Consideration of Resolution 2021-5, a Resolution of the Board of Supervisors of Currents Community Development District ratifying the acquisition of certain potable Water and Wastewater Utility Facilities from the Developer, Taylor Morrison Of Florida, Inc., and ratifying the conveyance of such potable Water and Wastewater Utility Facilities to Collier County; ratifying the Chairman's execution of such conveyance documents evidencing the District's acceptance and conveyance Mr. Urbancic: This is a bit of a routine process when we have utilities, potable water, and sanitary sewer, that are acquired by the District and thereafter sent on to the County. There are some time sensitive aspects, as you know, to getting utilities turned on. What this is, is a ratification of our acceptance of these utility facilities and authorizing the Chair to take any further actions necessary to convey them to Collier County. This is the next phase of utilities. It also memorializes the cost to the extent that we can capture this cost in future bond issues. Mr. Futch: This is the phase that's already turned over? Mr. Urbancic: That one is phase 1E. They've already submitted those to the County, so we are just ratifying this action. 31Page 1611 Currents Community Development District February 10, 2021 On MOTION made by Mr. Brian Keller, seconded by Mr. Robert Summers, and with all in favor, Resolution 2021-5 was adopted, and the Chair was authorized to sign. EIGHTH ORDER OF BUSINESS Consideration of Resolution 2021-6 Consideration of Resolution 2021-6, a Resolution of the Board of Supervisors of Currents Community Development District ratifying the Chairman's execution and delivery of an application to South Florida Water Management District (SFWMD) to amend the existing environmental resource permit relating to surface water management within the District;Authorizing the Chairman or(Vice Chairman in the Chairman's absence) to sign or execute such additional application documents as are necessary or required in connection with obtaining SFWMD's approval of the modification to the environmental resource permit Mr. Ward: As I understand this, our existing South Florida Water Management permit for this District is tied to a permit that the neighboring development of Fiddler's Creek has, and we are co-applicants on that existing permit. So, this Resolution would authorize the Chairman and applicable staff to amend that existing permit to essentially bifurcate that into a brand spanking new permit that is only for the Currents Community Development District and the existing permit that currently oversees the property will only be for Fiddler's Creek development. He asked if there were any questions; hearing none, he called for a motion. Mr.Summers: Would we need the other party to let us off the existing permit? Mr. Ward: Yes, we do, and as I understand it, the Fiddler's Creek development has agreed to that, but I only make the representations to you that I have been told. We would need to confirm that with Waldrop Engineering. Mr. Keller: I don't think they've done that yet. Can we push this until we have the Chairman at the next meeting, or do we need it this month? Mr. Ward: I understand this is urgent to get done. So, if you would like to approve it subject to mine and Greg's confirmation that the Fiddler's Creek will be bifurcated from ours, we can do it that way also, and I will be able to get something from Waldrop that memorializes that concept. Discussion ensued regarding the permit and wishing to be on a separate permit. On MOTION made by Mr. Brian Keller, seconded by Mr. Ryan Futch, and with all in favor, Resolution 2021-6 was adopted pending Greg Urbancic's and Jim Ward's confirmation of the requested information, and the Chair was authorized to sign. NINTH ORDER OF BUSINESS Consideration of Resolution 2021-7 4IPage 611.. Currents Community Development District February 10, 2021 Consideration of Resolution 2021-7, a Resolution of the Board of Supervisors of Currents Community Development District ratifying the Chairman's execution and delivery of an application to South Florida Water Management District as a co-applicant for a Water Use Permit for irrigation purposes; authorizing the Chairman or (Vice Chairman in the Chairman's absence) to sign or Execute such additional Water Use Permit application documents as are necessary or required in connection with obtaining SFWMD's approval of the Water Use Permit Mr. Ward: This does the same thing as the prior Item, but this was with respect to the Water Use Permit for irrigation services for the community. Again, as I understand it, this is also of a somewhat urgent nature. If you would like to approve this also subject to Greg, and my confirmation that we can bifurcate that permit, that would be appropriate. Mr. Urbancic: My understanding from reading the backup was that this was something where because of our ownership of the lake property, we actually physically own it, that the Water Management District was making the CDD be a co-applicant on this permit. On MOTION made by Mr. Brian Keller, seconded by Mr. Robert Summers, and with all in favor, Resolution 2021-7 was adopted pending Greg Urbancic's and Jim Ward's confirmation of the requested information,and the Chair was authorized to sign. TENTH ORDER OF BUSINESS Consideration of Minutes October 14, 2020 Regular Meeting Mr. Ward asked if there were any corrections, additions, or deletions for the October 14, 2020 Regular Meeting Minutes; hearing none, he called for a motion to approve the Minutes. On MOTION made by Mr. Brian Keller, seconded by Mr. Robert !Summers, and with all in favor, the October 14, 2020 Regular Meeting Minutes were approved. ELEVENTH ORDER OF BUSINESS Staff Reports I. District Attorney No report. II. District Engineer No report. III. District Manager a) Financial Statements for period ending October 31, 2020(unaudited) 5IPage 16)11 '' Currents Community Development District February 13,2021 b) Financial Statements for period ending November 30,2020(unaudited) c) Financial Statements for period ending December 31,2020(unaudited) No report. TWELFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests; there were none. He asked if there were any audience comments;there were none. THIRTEENTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the Meeting at approximately 2:15 p.m. On MOTION made by Mr. Brian Keller, seconded by Mr. Robert Summers,and with all in favor,the meeting was adjourned. ATTEST: Currents Comity Devel ment District James .Ward,Secretary Charl ok,Cha' per on 6IPage 14 1 Currents Community Development District February 13, 2021 b) Financial Statements for period ending November 30, 2020(unaudited) c) Financial Statements for period ending December 31, 2020(unaudited) No report. TWELFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests; there were none. He asked if there were any audience comments;there were none. THIRTEENTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the Meeting at approximately 2:15 p.m. On MOTION made by Mr. Brian Keller, seconded by Mr. Robert Summers,and with all in favor,the meeting was adjourned. ATTEST: Currents Community Development District James P.Ward,Secretary Charles Cook,Chairperson 6IPage 1611 MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Currents Community Development District was held on Wednesday,April 28, 2021 at 2:30 p.m.,at the Offices Coleman,Yovanovich and Koester,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Charles Cook Chairperson Ryan Futch Vice Chairperson Brian Keller Assistant Secretary Absent: Robert D. Summers, II Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 2:38 p.m. He conducted roll call; all Members of the Board were present constituting a quorum,with the exception of Supervisor Robert Summers. SECOND ORDER OF BUSINESS Consideration to fill Seat 5 Consideration to fill Seat 5,formerly Mr.Tim Martin whose resignation took effect January 29,2020 I. Appointment of individual to fill Seat 5,whose term is set to expire November 2021 II. Oath of Office III. Guide to the Sunshine Law and Code of Ethics for Public Employees IV. Form 1—Statement of Financial Interests Mr. Ward asked if the Board wished to defer this Item until the next meeting. The Board chose to defer this Item. THIRD ORDER OF BUSINESS Consideration of Resolution 2021- Wage Currents Community Development District April 28, 2021 Consideration of Resolution 2021-, Re-Designation of the Officers of the District This Item was a companion Item to the Second Order of Business;therefore,this Item was deferred until the next Meeting as well. FOURTH ORDER OF BUSINESS Consideration of Resolution 2021-8 Consideration of Resolution 2021-8, Approving the Proposed Fiscal Year 2022 Budget and setting the Public Hearing on Wednesday June 9, 2021 at 2:30 P.M. at the offices of Coleman, Yovanovich & Koester,4001 Tamiami Trail North,Suite 300, Naples, Florida 34103 Mr. Ward: Resolution 2021-8 approves the proposed budget solely for the purpose of setting your public hearing. Your public hearing is scheduled for Wednesday,June 9, 2021 at 2:30 p.m. here at the offices of Coleman, Yovanovich and Koester. What this really does is set in place the budget process for 2022 which begins October 1 of 2021 and ends of September 30 of 2022. It doesn't bind you to anything in this budget other than it sets the maximum assessment rates for your general fund for 2022. You will be able to lower the assessment rates or change any programs or services before your public hearing date, but once we get to your public hearing date you will be required to adopt the budget in whatever form you so choose to have that, and that sets in place then the final budget. Mr. Ward reviewed the budget. He stated this District had a prior series of bonds: 2020 Al and 2020 A2 bonds. He indicated the 2020 Al bonds were issued for infrastructure required for the District and assessments were in place for the Phase 1 and Phase 2 area for a total of 509 units. He explained the assessment rates would go on roll this year for all platted lots in Phase 1 and Phase 2 (all lots were platted at this time). He noted the assessment rates for the bonds remained constant and would not be changed until the bond debt was paid. He stated the 2020 A2 bonds were currently being prepaid by the developer as property was sold within the District. He explained the 2020 A2 bonds would be billed off roll to the developer as principal and interest came due on the bonds. He explained how the debt service for these bonds were affected by developer prepayment. He indicated the general fund covered the administration and operation of the District. He noted the general fund budget was exactly the same as Fiscal Year 2021 with the same assessment rates. He noted lake restoration was included in this budget. Discussion ensued regarding the lake restoration portion of the budget. Mr. Ward asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Brian Keller, seconded by Mr. Ryan Futch, and with all in favor, Resolution 2021-8 was adopted, and the Chair was authorized to sign. Mr. Ward stated at least three Board Members were required to attend the public hearing meeting on June 9, 2021 in person. He explained the advertisement for the public hearing was expensive and the date could not be changed. Wage 1611'" Currents Community Development District April 28, 2021 Discussion ensued regarding the location of the public hearing. Mr. Ward noted he advertised the meeting with a link and instructions to connect to the meeting via audio or video. FIFTH ORDER OF BUSINESS Consideration of Agreement Consideration of an Agreement between the Currents Community Development District and Calvin, Giordano&Associates for Field Maintenance operations within the District Mr. Ward: This is the form that I typically use to handle operations and maintenance activities here in Collier County. They have done work for me in a number of Districts. Greg has a couple of comments on the agreement which we will incorporate into it. Mr. Urbancic: I just wanted to beef up the public records and add an eVerify section which are requirements we need to have in there. I think we just pull the form we had used prior to some of those enactments and make sure we get those dropped in. I don't think it will be an issue for Calvin, Giordano. State of Florida requires companies in the state of Florida to use eVerify and it requires public agencies to make sure its contractors are using eVerify. Mr. Ward asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Charles Cook, seconded by Mr. Brian Keller, and with all in favor,the Agreement between the Currents Community Development District and Calvin, Giordano & Associates for Field Maintenance operations within the District was approved. SIXTH ORDER OF BUSINESS Consideration of Minutes February 10,2021 Regular Meeting Mr. Ward asked if there were any corrections, additions, or deletions for the Regular Meeting Minutes; hearing none, he called for a motion to approve the Minutes. On MOTION made by Mr. Brian Keller, seconded by Mr. Ryan Futch, I and with all in favor, the February 10, 2021 Regular Meeting Minutes were approved. SEVENTH ORDER OF BUSINESS Staff Reports I. District Attorney Mr. Urbancic: The Legislative Session is going. There are quite a few bills which could affect CDDs. I will give you an update when we get there. There is one that could change the limits of sovereign immunity, advertising, and things like that. Most of them are still in Committee and maybe in June I will have a better feel and will give you an update on what has actually passed. II. District Engineer No report. Wage 16 I 1 Currents Community Development District April 28,2021 III. District Manager a) Financial Statements for period ending January 31,2021(unaudited) b) Financial Statements for period ending February 28, 2021(unaudited) c) Financial Statements for period ending March 31,2021(unaudited) Mr. Ward discussed the number of qualified electorfs residing in the District. He explained this number became significant when the District hit two thresholds: 1) When 250 qualified electors were residing within the District and 2) When the District reached 6 six years from the date of establishment. He stated once these two thresholds were met the District began to transition from a landowner election Board to a qualified elector Board. He noted a qualified elector was an individual who lived in the State of Florida within the District and was registered to vote in Collier County. He stated as of April 15, 2021 there were four registered voters residing within the District. Mr. Urbancic: At the next landowner election we do have to make an effort to get some resident on the Board. He explained this was required by Collier County Ordinance. He noted this would be challenging, but the Board needed to keep this in mind moving forward. He suggested sending a notice to the registered voters within the District asking if any were interested in serving on the Board prior to the next election. Mr.Ward indicated the next election for this Board was November 2022. TWELFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests; there were none. He asked if there were any audience members present with questions or comments;there were none. THIRTEENTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the Meeting at approximately 2:53 p.nh. On MOTION made by Mr. Charles Cook, seconded by Mr. Brian Keller, and with all in favor,the meeting was adjourned. Currents Comm y Dev, pment District James .Ward,Secretary Cherie o k,Ch ' person 1611 NapLcii - tit Nritis PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 CURRENTS CDD 2900 NE 12TH TER# 1 CURRENTS COMMUNITY DEVELOPMENT DISTRICT OAKLAND PARK, FL 33334-4447 NOTICE OF REGULAR MEETING NOTICE IS HEREBY GIVEN that the Meeting of the Currents Communityyy Development District will be held at 2:30 PM on Affidavit of Publication , 2021 at the offices of Yovanoviich &KoesterApril ,84001Tamm iai Trail North, SuiteColeman 300, Na- STATE OF WISCONSIN pies Florida 34103. The meeting is being held for the necessary COUNTY OF BROWN public purpose of considering such business as more fully identi- fied in the meeting agenda, a copy of which will be posted on Before the undersigned they serve as the authority, the District's website at www.currentscdd.org. s that The purpose of this meeting is for the Board to consider any personally appeared said legal clerk who on oath sa Y business which may properly come before it. The meeting is he/she serves as Legal Clerk of the Naples Daily News, a open to the public and will be conducted in accordance with newspaper published at Naples, in Collier County, the provisions of Florida Law for Community Development Dis- dailyFlorida; distributed in Collier and Lee counties of Florida; trios. The locationt specified on the record at the be cancelled or continues to a date, time and that the attached copy of the advertisingwas g published in A copy of the agenda for the hearing and meeting may be ob- said newspaper on dates listed. Affiant further says that the tained seven (7)days prior to the meeting at the offices of the said Naples Daily News is a newspaper District Manager, located at 2301 Northeast 37th Street, Fort published at Lauderdale, Florida 33308, Ph: (954) 658-4900, during normal Naples, in said Collier County, Florida, and that the said business hours,or on the Districts website at www.currentscdd.o newspaper has heretofore been continuously published in rg. said Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact Collier County, Florida; distributed in Collier and Lee the District Office at (954) 658-4900 at least forty-eight (48) counties of Florida, each day and has been entered as hours prior to the meeting. If you are hearing or speech im- second class mail matter at the post office in Naples, in paired, please contact the Florida Relay Service at (800) 955- said Collier County, Florida, for a period of one year next 8770 for aid in contacting the District Office. preceding the first publication of the attached Co 0( In accordance with the provisions of the Americans with Disabil- PY ities Act, any person requiring special accommodations or an in- advertisement: and affiant further says that he has neither terpreter to participate at this meeting should contact the District Manager by telephone at(954) 658-4900 at least seven paid nor promised any person. or corporation any discount, (7) days prior to the date of the particular meeting. Toward rebate, commission or refund for the purpose of securing that end, anyone wishing to listen and participate in the meet- ing can do so by connecting to a link that will be posted on the this advertisement for publication in the said newspaper. District's web site:www.Currentscdd.org Published:04/21/2021 If any person decides to appeal any decision made with respect to any matter considered at this meeting, such person will need a record of the proceeding and such person may need to insure that a verbatim record of the proceeding is made at their own expense and which record includes the testimony and evidence on which the appeal is based. Subscribed and swum to before on April 21,2021: James P.Ward District Manager Currents Community Development District Pub Date:April 21,2021 �Ua_�t_VY'l rr t�:Q L.x.f.-,..' #4683960 Notary,State of WI,County of Brown TARA MONDLOCII Notary Public: Stele of Wisconsin. My commission expires August 6,2021 Publication Cost: $371.00 Ad No:0004683960 Customer No: 1387852 PO#: #of Affidavits 1 This is not an invoice 1e11 Timestamp Street 5/13/2021 14:46:40 2301 Northeast 37th St. Final Publication Date City 5/30/2021 Fort Lauderdale Ad Number State GCI0650655 FL Publication ZIP Code Naples Daily News 33308 Market Your Name Naples Laura Vergiels Delivery Method Email Address Both Iergiels@Iocaliq.com Number of Affidavits Needed 1 Customer Email coridissinger@jpwardassociates.com Customer Name Cori Dissinger Customer Phone Number 407-913-3545 Customer Address 2301 Northeast 37th St. Fort Lauderdale, FL 33308 Account Number (If Known) 364874 Name Cori Dissinger MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Currents Community Development District was held on Wednesday,June 9, 2021, at 2:30 p.m., at the Offices Coleman,Yovanovich and Koester,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Charles Cook Chairperson Ricky DeCamps Vice Chairperson Brian Keller Assistant Secretary Rob D. Summers Assistant Secretary Ryan Futch Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 2:30 p.m. He conducted roll call; all Members of the Board were present constituting a quorum. SECOND ORDER OF BUSINESS Consideration to fill Seat 5 Consideration to fill Seat 5,formerly Mr.Tim Martin whose resignation took effect January 29, 2020 I. Appointment of individual to fill Seat 5,whose term is set to expire November 2021 II. Oath of Office III. Guide to the Sunshine Law and Code of Ethics for Public Employees IV. Form 1—Statement of Financial Interests Mr. Ward asked if the Board wished to appoint an individual to fill Seat 5. The Board appointed Mr. Ricky DeCamps. 11Pa ; e 14 / 1 Currents Community Development District June 9, 2021 On MOTION made by Mr. Charles Cook, seconded by Mr. Brian Keller, I and with all in favor, Mr. Ricky DeCamps was appointed to fill Seat 5 with a term ending November 2021. Mr. Ward ensured Mr. Ricky DeCamps was qualified to serve on the Board. As a notary public, he administered the Oath of Office to Mr. DeCamps. He asked Mr. DeCamps to sign the Oath of Office and return the signed Oath to himself for notarization and to be made part of the public record. He discussed the Form 1—Statement of Financial Interests and noted Mr. DeCamps should call himself(Mr. Ward)with any questions regarding Form 1. He encouraged Mr. DeCamps not to forget to file Form 1 or risk incurring fees for late filing. Mr. Greg Urbancic indicated Mr. DeCamps was now a Public Official and as such was subject to the Sunshine Law and Code of Ethics; he reviewed the Code of Ethics, the Sunshine Law, and public record requirements. THIRD ORDER OF BUSINESS Consideration of Resolution 2021-9 Consideration of Resolution 2021-9, Re-Designation of the Officers of the District Mr. Ward stated currently, Charles Cook served as Chairperson, Ryan Futch served as Vice Chairperson; the remaining Board Members served as Assistant Secretaries while he served as Secretary and Treasurer. He explained with the addition of a new Board Member the Board had the ability to re- designate the officers of the Board. He asked the Board how it wished to proceed. The Board chose to appoint Charles Cook as Chairperson, Ricky DeCamps as Vice Chairperson, Rob Summers, and Brian Keller as Assistant Secretaries, with Mr. Ward as Secretary and Treasurer. Mr. Ryan Futch planned to resign;therefore, was not included in the Resolution. On MOTION made by Mr. Charles Cook, seconded by Mr. Rob Summers, and with all in favor, Resolution 2021-9 was adopted, and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Consideration of Minutes April 28,2021, Regular Meeting Mr. Ward asked if there were any corrections, additions, or deletions for the Regular Meeting Minutes; hearing none, he called for a motion to approve the Minutes. On MOTION made by Mr. Brian Keller,seconded by Mr. Rob Summers, and with all in favor, the April 28, 2021, Regular Meeting Minutes were approved. FIFTH ORDER OF BUSINESS PUBLIC HEARINGS Mr.Ward explained the public hearing process including public comment, Board discussion and vote. a. PUBLIC HEARING—FISCAL YEAR 2022 BUDGET I. Public Comment and Testimony 2IPage Currents Community Development District June 9, 2021 t611 Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. Charles Cook, seconded by Mr. Rob Summers,and with all in favor,the Public Hearing was opened. Mr. Ward asked if there were any public comments or questions with respect to the Fiscal Year 2022 Budget; hearing none, he called for a motion to close the public hearing. He noted there were no members of the public present in person. On MOTION made by Mr. Brian Keller, seconded by Mr. Charles Cook, and with all in favor,the Public Hearing was closed. II. Board Comment Mr. Ward asked if there were any Board comments or questions;there were none. Mr. Charles Cook asked about the Fiscal Year 2021 Budget versus actual budget. He noted he wished to compare the two in order to better understand the Fiscal Year 2022 Budget. Discussion ensued regarding comparing budgets and actuals. Mr. Ward: We are in fiscal year 2021. In the current year, in the document you have in front of you, we have the 2021 budget. Actuals, when I did this budget, which was January 31, the projection through year end in here, and then the budget for 2022, if you compared those, they are relatively consistent. Our Budget for 2021 is $171,000 dollars. Our anticipated actual on September 30, 2021, is $148,000 dollars, and we have a budget of$171,000 dollars, the same number,for 2022. This keeps consistent assessment rates from 2021 to 2022. Fiscal year 2020 was when we issued our first series of bonds, so 2020 to 2021 is always going to be different, but only because of the bond issue costs that are coming into play. Mr. Charles Cook: So, do we need to vote on that today or can I take a look at the numbers, both the $40,000 dollar delta between budget versus actual, and then more specifically what was in the expenditures of this current budget year? Can I have time to look at that before we take it up here? Mr. Ward: No, not unless you continue your public hearing today until another date. Mr. Charles Cook: Can we do that? Mr. Ward: You could do that. Discussion ensued regarding continuing the public hearing. Mr. Ward: I can tell you exactly what the difference is. The difference is $8,000 dollars of it is going to be Trustee Services that don't come into play until next year. That's $8,000 of the $10,000 dollars right there. 3IPage t6t 1 Currents Community Development District June 9, 2021 Mr. Cook: We have a surplus every year. We assessed and essentially as the developer paid that majority, I'm not sure how many residents we have, but what happens with that$40,000 dollar surplus? Mr. Ward: It rolls into the current year. Mr. Cook:But we don't adjust the budget for that, so in fact there's like$210,000 dollars in there now. Mr. Ward: We don't because you have to remember, the assessments don't go on the roll until November, so you don't get money until usually the week between Christmas and New Years at the earliest. You have got to float your District for October, November, and December. For this particular project, as you know, you sometimes do not pay your tax bills until the following calendar year, so we are floating the District October, November, December, January and February for this particular District for sure and what little is there, is not really covering it. That's how that works. Mr. Cook: If we can table, and then we can recircle. Mr. Ward: We have to pick a specific date. Discussion ensued regarding a date for the public hearing and needing three Board Members to be present for the public hearing. It was decided to table/continue the Meeting and both Public Hearings until June 23, 2021, at 3:30 p.m. On MOTION made by Mr. Brian Keller, seconded by Mr. Charles Cook, and with all in favor, the Public Hearings related to the Fiscal Year 2022 Budget, the imposition of special assessments, and the adoption of the assessment roll and methodology were continued, along with the remainder of the Meeting, until June 23, 2021, at 3:30 p.m. at the Offices Coleman, Yovanovich and Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. The Meeting was continued/adjourned until June 23, 2021, at 3:30 p.m. at the Offices Coleman, Yovanovich and Koester,4001 Tamiami Trail North,Suite 300, Naples, Florida 34103. Ill. Consideration of Resolution 2021-10 adopting the annual appropriation and Budget for Fiscal Year 2022 b. FISCAL YEAR 2022 IMPOSING SPECIAL ASSESSMENTS; ADOPTING AN ASSESSMENT ROLL AND APPROVING THE GENERAL FUND SPECIAL ASSESSMENT METHODOLOGY I. Public Comment and Testimony II. Board Comment III. Consideration of Resolution 2021-7 imposing special assessments, adopting an assessment roll,and approving the general fund special assessment methodology Wage 16 Currents Community Development District June 9,2021 SIXTH ORDER OF BUSINESS Consideration of Resolution 2021-8 Consideration of Resolution 2021-8 designating dates, time, and location for regular meeting of the Board of Supervisor's for Fiscal Year 2022 SEVENTH ORDER OF BUSINESS Staff Reports I. District Attorney II. District Engineer III. District Manager a) Financial Statements for period ending April 30,2021(unaudited) b) Financial Statements for period ending May 31,2021kunaudited) , EIGHTH ORDER OF BUSINESS Supervisor' Requests and Audience Comments NINTH ORDER OF BUSINESS Adjourn me it Currents Co mu . Develo ent District sO‘GE(Vadi Ja s P.Ward,Secretary Charle ooic,Chair erson 16 I NruI! E PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 JP WARD ASSOCIATES 2301 NORTHEAST 37T"ST FORT LAUDERDALE,FL 33308 ATTN CORI DISSINGER Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 5/23/2021;5/30/2021 Subscribed and sworn to before onMay 30th,2021 c_Q..-or Si-, Notary,State of WI,County of Brown TARA MONDLOCfI Notary Public Stets of Wisconsin My commission expires: August 6,2021 PUBLICATION COST:$2,620.80 AD NO:CCI0650655 CUSTOMER NO:364874 PO#:PUBLIC NOTICE CURRENTS COMMUNITY DEVELOPMENT DISTRICT NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2022 BUDGETS;AND NOTICE OF PUBLIC HEARING TO CONSIDER THE IMPOSITION AND LEVY OF MAINTENANCE AND OPERATION SPECIAL ASSESSMENTS; ADOPTION OF AN ASSESSMENT ROLL, AND THE USE OF THE UNIFORM COLLECTION, AND ENFORCEMENT OF TNT SAME;AND NOTICE OF REGULAR BOARD OPSUPERVISORS'-MBETING. The fluxed of Dupe visas Ior Cu,tents Communily Development District will hold Iwo public hearings and o regular mooring on June 5,2021 at 2:30 p.m.at the offices of Coleman,yovenovich 8 Koester,4001 Temiaml Trail North,Suite 300,Naples Florida 34103 The meeting is being held for the necessary public purpose of considering such business as more fully identified in the meeting agenda,a copy of which will be posted on the Districts websrle al 4,ti ct,prwll ill Jd.Wg Please be advised Met the Florida Governor's Office has declared a stale of emergency due to the Coronaveus(COVID-19) The venue for!his meeting has been specifically chosen such Thal the District will be able to meet social distancing guidelines for Board members end Stall during the meeting With the'irreligion la people in the meeting room the District encourages members of the Public to join by video or audio using a link Thal will be posted on the Orstnct's web site www.usrtgalul dd.te9 Masks will be required for all in attendance Foe the safely of all in attendance,social distancing measures will be In place limiting capacily al the meeting location to allow for the Centers for Disease Control guideline of a dislance of six feel between people Attendance al the meeting will be one first come first served basis and at others will need to participate using the remote participation option,which will be posted on the District's web site information page:MitrAtincritt,ctid.viLlnlihaftsaltUlortsj at least seven(7)days in advance of the meeting The purpose of the first public hearing is to receive public comment and objections on the Fiscal Year 2022 Proposed Budgets The first public hearing is being corducted pursuasl to Chapler 190 Florida Statutes The purpose of the second public hearing is to consider the imposition of special assessments to fund the District's proposed operation and maintenance budget for Fiscal Year 2022 upon the lands located within the District,a depiction of which lands is shown below,consider the adoption of a cap rate lot wake piepases rear end to consider the adoption of an assessment roll.Inc n amym collection.and enforcement of the assessments.The no-noon padre hearing is being conducted lenwant to Florida law no-Inrieg Chapters 190 and 197,Florida Statutes.At the conclusion of the public hearings,the Board will,by resolution,adopt the budgets end levy assessments to fund the operation and maintenance budget es Finally approved by the Board. A regular board meeting of the Dislricl will also be held where the Board may consider any other drsiness that may properly cane before II A copy of the proposed budgets,preliminary assessment roll,and the agenda for the hearings and meeting maybe obtained at the offices of the District Manager,Ph:(954)658-4900,during normal business hours or on the District's web site,yOysy, Gg®o13cdg,gfg al least seven(7)days in advance of the meeting In addition,you may obtain a copy al the proposed budget on the Isslnct's web site:ere y rsmr,ycdg,gr-g immediately The special assessments are annually recurring assessments and are in addition to previously levied capital debt assessments The table below presents the proposed schedule of operation and maintenance assessments tar Fiscal Year 2022 Amounts are preliminary and subject to change at the hearing and in any future year The amounts are subject to early payment discount as afforded by the uniform collection law. Note Thal the operations and maintenance assessments slated below do not include any debl service assessments previously levied by the District and due to be collected for Fiscal Year 2022 Proposed Schedule of Assessments Product Type FY 21 Rate Cap Rate Single Family 30' 39' S441.58 $116.48 Single Family 50' 59' $577.44 $152 41 Single Family 60' 69' 3679.35 $179.31 Single Family 70' 79' $747 28' $197.24 Multi-Family $305 71 $80.69 The tax collector will collect the assessments pursuant to the unllorm nlelhod The Dislricl may choose to collect the assessments for developer owned lard not pursuant to the uniform method Failure to pay the assessments collected by the Tax Collector using the uniform method will cause a lax certificate to be issued against the property which may result In a tax deed and loss of title.For delinquent assessments that were Initially directly billed by the District,the Dislricl may initiate a foreclosure cation or may place the delinquent assessments on the next year's county lax bill. All elected properly owners have the right to appear at the public hearings and the right to Re written objections with the District within twenty(20)days of publication of this notice The public hearings and meriting are open to the public and wit be conducted in accordance with the provisions of Florida Law for Community Development Districts The public hearings and meeting may be continued to a date,time.and place to be specified On the record al the hearings or meelt g Any person requiring special accommodations at this meeting because of a disabiily or physical impairment should contact the District Office at(954)658-4900 at least forty-eight(48)hours prior to the meeting II you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1,or 1-800-955-8771(ITY)/1-800-955-8770(Voice),for aid in contacting the District Office. Each person who decides to appeal any decision made by the Board with respect to err/matter men-.diced r Me potter hearings or meeting Is advised that person will need a record of proceedings and That act...nervily.the person may need 10 ensure that a verbatim record of the proceedings is made,including the testimony and evidence upon which such appeal is to be based, Currents Community Development District Jones P.Ward,District Manager Publish Dated:05/23/2021 end 05/30/2021 • • -`11,y 'PROJECT. yt`"fo :OCATION) • IV • • • • • • • rS�iS"•L rY- - C COD BOuhnAnv j CURRGNTS EXHIBITI-LOCATION MAP l• ,iWALDROP YaeraRWMV • era• -• .. "'•'• LNGINI1 RING TAYLOIt MONIISOH OF FLORIDA INC rxaw,rr,warurw,lr„ere 16I 1 MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Currents Community Development District was held on Wednesday,August 11, 2021, at 2:00 p.m., at the Offices of Coleman,Yovanovich and Koester, 4001 Tamiami Trail North,Suite 300, Naples, Florida 34103. Present and constituting a quorum: Ricky DeCamps Vice Chairperson Brian Keller Assistant Secretary Robert D. Summers, II Assistant Secretary Ryan Futch Assistant Secretary Absent: Charles Cook Chairperson Also present were: James P. Ward District Manager Greg Urbancic District Counsel Jackie Larocque District Engineer David Caplivski Grau and Associates Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 2:04 p.m. He conducted roll call; all Members of the Board were present, with the exception of Supervisor Charles Cook, constituting a quorum. Supervisor Ricky DeCamps was present via telephone. SECOND ORDER OF BUSINESS Notice of Public Hearing Notice of Advertisement of Public Hearing THIRD ORDER OF BUSINESS Consideration of Minutes Wage 16I1 Currents Community Development District August 11, 2021 June 9, 2021, Regular Meeting Mr. Ward asked if there were any corrections, additions, or deletions for the Regular Meeting Minutes; hearing none, he called for a motion to approve the Minutes. On MOTION made by Mr. Brian Keller, seconded by Mr. Rob Summers, and with all in favor, the June 9, 2021, Regular Meeting Minutes were approved. FOURTH ORDER OF BUSINESS PUBLIC HEARINGS Mr. Ward explained the public hearing process including public comment, Board discussion and vote. a. PUBLIC HEARING—FISCAL YEAR 2022 BUDGET I. Public Comment and Testimony Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. Brian Keller, seconded by Mr. Rob Summers, and with all in favor,the Public Hearing was opened. Mr. Ward asked if there were any members of the public present via audio or video with any comments or questions with respect to the Fiscal Year 2022 Budget; hearing none, he called for a motion to close the public hearing. He noted there were no members of the public present in person. On MOTION made by Mr. Brian Keller, seconded by Mr. Ricky DeCamps, and with all in favor,the Public Hearing was closed. II. Board Comment Mr. Ward asked if there were any Board comments or questions;there were none. III. Consideration of Resolution 2021-10 adopting the annual appropriation and Budget for Fiscal Year 2022 Mr. Ward called for a motion. On MOTION made by Mr. Brian Keller, seconded by Mr. Rob Summers, and with all in favor, Resolution 2021-10 was adopted, and the Chair was authorized to sign. b. FISCAL YEAR 2022 IMPOSING SPECIAL ASSESSMENTS; ADOPTING AN ASSESSMENT ROLL AND APPROVING THE GENERAL FUND SPECIAL ASSESSMENT METHODOLOGY 2I 6I1 ,4 Currents Community Development District August 11, 2021 I. Public Comment and Testimony Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. Brian Keller,seconded by Mr. Rob Summers, and with all in favor,the Public Hearing was opened. Mr. Ward asked if there were any members of the public present via audio or video with any comments or questions regarding the assessments or assessment methodology for FY-2022; hearing none, he called for a motion to close the public hearing. He noted there were no members of the public present in person. On MOTION made by Mr. Brian Keller,seconded by Mr. Rob Summers, and with all in favor,the Public Hearing was closed. II. Board Comment Mr.Ward asked if there were any Board comments or questions;there were none. Ill. Consideration of Resolution 2021-11 imposing special assessments, adopting an assessment roll,and approving the general fund special assessment methodology Mr. Ward called for a motion. On MOTION made by Mr. Brian Keller,seconded by Mr. Rob Summers, I and with all in favor, Resolution 2021-11 was adopted, and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Consideration of Resolution 2021-12 Consideration of Resolution 2021-12 designating dates, time, and location for regular meeting of the Board of Supervisor's for Fiscal Year 2021 Mr. Ward noted the meeting dates, time, and location were scheduled for the second Tuesday of each month at 2:00 p.m. at the Offices of Coleman, Yovanovich and Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. He noted these meeting dates could be adjusted as the Board deemed appropriate. On MOTION made by Mr. Brian Keller,seconded by Mr. Rob Summers, and with all in favor, Resolution 2021-12 was adopted, and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS Consideration of Resolution 2021-13 3 ' Page 6I 1 ' .1 Currents Community Development District August 11, 2021 Consideration of Resolution 2021-13,a Resolution of The Board of Supervisors of Currents Community Development District: (i) authorizing the acquisition of certain potable water and Wastewater Utility Facilities from the Developer,Taylor Morrison of Florida, Inc., and authorizing the conveyance of such potable water and Wastewater Utility Facilities to Collier County; and (ii) authorizing the Chairman or the Vice Chairman (in the Chairman's absence) to execute such conveyance documents to the extent necessary to evidence the District's acceptance and conveyance Mr. Greg Urbancic: This was what was called Phase 1C, water and sewer transfer acceptance and then conveyance to Collier County. Standard forms are already signed in the packet and are processing, so this is more of a ratification for us, but the important part is there could be payment from construction funds later because we don't have any construction funds at this time. There is a note that this is part of this package, that we could pay the developer at the next financing. He asked if there were any questions. Mr. Keller: Jackie, does not having certification affect us at all? With Real Pods not having the final certification, that doesn't affect this, correct? Ms. Jackie Larocque: We have utility certification, which is the only infrastructure which the District has taken. Mr. Keller: What's the timing of it? Ms. Larocque: It's already complete. The utility certification is complete. It's the site certification we don't have. On MOTION made by Mr. Brian Keller,seconded by Mr. Rob Summers, and with all in favor, Resolution 2021-13 was adopted, and the Chair was authorized to sign. SEVENTH ORDER OF BUSINESS Consideration of Acceptance Consideration of the Acceptance of the Audited Financial Statements for the Fiscal Year ended September 30, 2020 Mr.Ward stated Mr. David Caplivski with Grau and Associates would review the Audit. Mr. David Caplivski with Grau and Associates reviewed the Audited Financial Statements for the Fiscal Year ended September 30, 2020. He reported the audited opinion was a clean, or unmodified, opinion. He reported the governmental net position reflected the liabilities exceeded the assets of the District resulting in a net position deficit balance of$4.7 million dollars. He stated the change in the total net position from the prior year was a decrease of $4.7 million dollars; as of September 30, 2020, the governmental funds reported combined ending fund balances of$2.2 million dollars. 4IPage 16I 1 Currents Community Development District August 11, 2021 Mr. Ward: I just wanted to point out for the Board that the decrease was caused by a contribution of utility assets from the District to Collier County and some small amount was related to the cost of issuance related to your Series 2020 bonds. Mr. Caplivski agreed. He stated in regard to compliance reports, at the end of the financial statements, the District received a clean, or unmodified, report which indicated no material weaknesses or significant deficiencies were noted in the internal control over financial reporting. He stated there were no findings or recommendations reported. He noted the date on the report was June 21, 2021, which was within the required deadline and the report had been submitted to the State within the required deadline as well. He asked if there were any questions. Mr. Ward noted the Audit had been filed as a matter of law with the Auditor General and the Department of Banking and Finance. He asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Brian Keller, seconded by Mr. Rob Summers, and with all in favor, the Audited Financial Statements for the Fiscal Year ended September 30, 2020,were accepted. EIGHTH ORDER OF BUSINESS Staff Reports I. District Attorney Mr. Greg Urbancic: With the new law that was passed we have to do a storm water needs analysis by the end of next summer,July 31, 2022. I know that the State is looking to standardize how that is going to be done, but any special district which owns and operates a storm water system has to do one. It's going to be primarily engineering driven and a little management driven. I wanted to make that note so Jackie knows primarily that we will have to do that. And once the State creates the form, I think that's what we'll use. What happens is we have to submit it to the County; the County gathers them all together and submits them to the State. That's still yet to come but will have to be done. It's looking at what our storm water system is, what we expect to be capital improvements, that sort of stuff,for the whole development. Mr. Ricky DeCamps: Jackie, do you see any problem with that? Ms. Jackie Larocque: Not off the top of my head. We just have to get that one thing worked out on the ERP side. II. District Engineer No report. III. District Manager a) Financial Statements for period ending April 30,2021 (unaudited) b) Financial Statements for period ending May 31,2021(unaudited) Wage 16I 1 Currents Community Development District August 11,2021 c) Financial Statements for period ending June 30,2021(unaudited) d) Financial Statements for period ending July 31,2021(unaudited) No report. NINTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's requests; ther0 were none. He asked if there were any members of the public present via audio or video,or in person,with questions or comments;there were none. Mr. Ward: I do have one other thing. This is consideration of Resolution 2021-14. Last year when we issued the 2020A bonds we had already adopted the Fiscal Year 2021 Budget. In order to reform the Budget for this District for the last fiscal year to the 2020 band issue 1 have revised the debt service budgets for both your 2020A and your 2020B bonds to ensure that they are now consistent. The only reason I do this is to ensure that the auditor has a way to track what was done from budget year to budget year. He asked if there were any questions; hearing hone, he called for a motion. Resolution 2021-14 amends your fiscal year 2021 budget. On MOTION made by Mr. Brian Keller, seconded by Mr. Ryan DeCamps, and with all in favor, Resolution 2021-14 was adopted, and the Chair was authorized to sign. TENTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the Meeting at approximately 2:20 p.m. On MOTION made by Mr.Brian Keller,seconded by Mr. Rob Summers, and with all in favor,the Meeting was adjourned. WITNESS: Currents Corn nity D Iopment District /1-rind James P Ward,Secretary Char s Cook, a rperson Wage 16 Jaihj Nruii I'AR f Of 7 HE USA TODAY NETWORK Published Daily Naples, FL 34110 CURRENTS CDD 2301 NE 37TH ST FT LAUDERDALE,FL 33308 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper 7/25/2021;8/1/2021 Subscribed and sworn to before on August 1st,2021 Notary, State o County own My commissi expires: 5 ,/5.45 PUBLICATION COST: $2,620.80 AD NO: GC10678835 NANCY HEYRMAN CUSTOMER NO: 367874 PO#: PUBLIC NOTICE Notary Public State of Wisconsin g_URRENTS COMMUNITY_DEVELOPMENT DISTRICT NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2022 BUDGETS;AND NOTICE 6 I 1 OF PUBLIC HEARING TO CONSIDER THE IMPOSITION AND LEVY OF MAINTENANCE AND OPERATION SPECIAL ASSESSMENTS;ADOPTION OF AN ASSESSMENT ROLL.AND THE USE OF THE UNIFORM COLLECTION,AND ENFORCEMENT OF THE SAME;AND NOTICE OF REGULAR BOARD OF SUPERVISORS'MEETING. the Breen of:;upeleet v;Ire Iwn.•01,/,nmmunlly I1rvW,gnnv+tl 0910,.wla IK1ld Iwo pulse:hniv.n1a and n rpqular n e:cling•m A1Irn51 I I.;C;1 al 2Oft p a1 Vie ratites of Coleman),Yovannvn.h a K09,1er 41a11 laminro bail North. Stale till Naplr•.I buddy 34101.the limier,}n Hart 14un1 fie Inr n'cessary pub nlap.r-,r ill rnns,rinllnq such mire l ily alto ihln;d In Ile,mco,I..g an.rtda.a ropy 11 which will he nostod on Mr-Dirinr-t':.w1b511e a1 www, currentscdd org The tureen'm un tot pun,r hear eel V.In rA-iwt panic crnmxrtt Dna nhirrnn•n.the Fiscal Yea 2022 Pr.pnse 4 furfry4: flm laid hall' Immlrm rs tineryl rnmiMa:had pnlsuanl to Cl.aph,.190.rinrnfa 0tattee5 Ihr pa eprae of the;Is and Tana. 1.111141 Is Ill 1dn5el01 Ili:II Hpaly.nu M a,p.ae:.l alsesarrnnls In lino Irv,teeite'n iropnsyd npnlirinm loci,Maml.natr..•1991091 lie Fr+al Yeas JI;'i upon the Iaeu•.leraltvl.wllau Il.n Onuicl.a tlnpg.11nn n)wln,.h Linda I'. .uhwn I:,auw.wmhn Mr Ito•.eluuleet 01,11.0111.1111,lvr 1111.11..1.lea(N.sea,ery and dI Lna•arler 11.0 erh4a„n n1 an as,es,.rtn11 r„e nor the unilo,m,!.9rgren,and rnuarnutmtl n1 do nh'4-Ntn4,1s Ilse secs ni noble.11,111.11 is(Nine e,uelu.l.'.I Ini'at.a,(to Florid,taw et.lintel Chu111M I IN).a41 197.Fkhinn Stettliet.At ilea con.lrruu,ill Its public healoeic. the Beard will,by re,eras,.tdupl the midgets and luny a5laftmenea In hind the operation and 0umler,ance budget as finally approved by Iha Board A regular board meeting of the District wet also be held where the Board may consider any other business that may properly come before it A copy of the proposed budgets.preliminary asses-peel',AI.and the aerial.'ha Ihr hearings end meeting tray be obtained el the offices of the District Manager,Ph:(954)1a•N-Jnun,during loaned la cv_..hours or on Inn DrrIra t'i web site www currentscdd 0t9 al least seven(7)days in advance of the meeting In addition.you may obtain a copy of the proposed budge)on the District's web site:www currentscdd.org immediately Tl.e 491.,al 3s•r9.51l190lr lie.nnu..Yy It"-(nt 104 a;sa:,;lnt+,l•.aryl are v,add,llwt to Inocleu.ly Jawed capital delat assessment. The hello ltd,rw tweeted;It'll pn,pn;r:11 schedule nl nluhallon alit rnrnlon-.ne AM o'ismenLf Inc flsrll near 702 Atnnun'.err ln..larwmry and-Meta"In..harp,a1 Ile hears.,anal in any halm'your.The amauntt ate nutted In rally p..hnnnl rhuranl.is allied:d by ua•umlmrn rdleitIo n law Note Thud the npventints any$n,alrtnnnnco n.tes:an•nt,+1noo1 Ili Mow rN 1u4,rtMolr .ry Ii ei l,rs,r,,,,...,'raltnt11s 1.11,1 uwli'tuaar.I Try Ilur UIS1r1Ct anal am,to hq collected for Fiscal Year 2022 Proposed Schedule of Assessments Product Type FY 21 Rate Cap Rate Single Family 30'-39' S441.58 $116.48 Single Family 50'-59' $577.44 $152.41 Single Family 60'-69' $679 35 $179.31 Single Family 70'-79' $747.28 $197.24 Multi-Family $305.71 $80.69 1-14.ne 10 pay the a-.,9sar ll 4:t89194719a lay day Ise(,Who ha e'J(ly Ile ur111Unn Italllnld WIII rau59 a IaK carhhcale Ill Lx 1•;:1/1.r1 a0,114.1 lie INoprrty whet,diary't'=ult it a la..deed,writ Jos--.et Jae lot deh—e9.9nr ti ettametts Iha) wore.mlualy Meetly melee ny Uln D1slhrt,Ili Deane.may input,*II rraeclnruro nrtlrn..,r may place lire delinquent ,ssnssmnnlr rx1 ire np.t yeo':cr.mly lie tell All atter-len prtrpeUy nwnera clove the right to appear e1 ale magic hearings.rut In.,lean In he,written°bee lints wen 11n fA•:Ire I wdMn Twenty 1201 dlyr or publication ni dec.nullre The public hcannos and meeting are epee Ie the p,dec and will be conducted In accordance with the provisions of Florida Law for Comnemily Development 1 tisv.cts.The nutJ&:he:wings and meeting may be cuallnued to a date,lime, and place 10 be specified on the record el the hearings or meeting Any rastau,l terp,areal speual ttrLoom...da.ues al Isla l.nvle to let:au:e ul a drahAlly or physical irnpaw mein 5lalthl contact ha Dishkt Odic.of(354).15e.4I00 at k4111 lortyenghl play imam prior to Iho meeting 11 you are hearing or speech Ir.pnne.l ply a,e clnl,a.l liar reset,Belay`ew...Ly Jl.ahq 7 1 1,,r 1-901.1•955-87/1(TTY)/1•BW955-8770 (Voice),for aid in contacting the District 011ice. Fact,WWII wore akc1rk:lu.nt,tteel rip tte,:rn,n m.rdn by 11e1 BuorJ will.peeped to lily m1tty consdetlrl at the public learn gs or'ripely et n advr-ed II al i.o.u.,will na.rd a•ecced ul prcceeduug.and that accordogly,the(wrsrn.ay need to note,•rhul a WNhulen rr4rd 01 the pru.9odn0c I;made rt.ludieg rle testimony and evidence uban which such appeal is to be based Currents Community Development District James P.Ward,District Manager Publish Dated:07/25/2021 and 09/01/2021 NORTH • • f/ayC • 'II,, 'PROJECT' 1'"tt, yLOCATION, JJ fat , • • • . .. • cc CDO BOUNDARY is 2 CURRENT'S FXHIBIT I-LOCATION MAP IAi WALDROP raarAREOF0e .. - •.. 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Needs - '•e 'Yµ": I:•o Courumu.Palm awelh Sr.E.n4,S•-.e SSRM 11x41 Y to have a driver's FJ aY-Et WPM 11"'1 .user ueF.:Chulil f 0'-). SEM. lW is minting..1.1.e;glow, emW ]1 W. porcelain fiber.Via.. license. '""" a. jewelry,Titver Cartin aw.^'•Wrw.e.n.p Ia,rl.m eNr.I ma•ww.a Wcvkm. .Pr.•w me••i•f••y N_`rti..nlr�w.•wt...•••...eel•i 4,40 n+,� a lini old antiques, Wd bron• Call 239-289-6978. -:`.....:" •-- -a -~-� r r ... ��....` e 15f11 e01.O111 lnna inc rm.ywn .•a .we. Y a,•pw•:w Fr.M.e+i 1+IAwn.n.w.r••..•rwn.ne psaee,.W IbW Lr ......l••-'.N..4 wvwn w.•-.•••.w.. .awe.in, +® - _.__- _.. ._...____ aro n.elon•Mea a n..wa el.6-.Oe n•Mne --..- ._.�_••w•M .a.s wO.l rNnl�I••amens,ere ee.w.•me.•,x el.•..BM'•••••• .........w Nam.Memo.i,1 Solutions Plumbing Now Hiring; .naram al "�.ea"""-w""w°'`."✓lawasA° dent:beta at eono, g 'r'•A Ia.aenyra°'risernon.... f..F.bw,rOl.t...l-ImME-.»,nTl/tspO ay.anO I.OM kIl. . - Loon- M.d le Wwa•N.n.y u.Da..,aRe. a.MO t3}2S3-S]4. Looking 1.2 e.1++llwaa.w.•W00.r.•.l..••.=„wnl.n t Plumbers and '""' �` _• ,» lame Plumbers Helpers tl -:•I.Own.................OW. µ .... ✓ ...w .w..n ��,� _ F'r Experience is o plus ✓..a -.51..n.ro31.0. A.• Dover's License is required- •- .,.,le • ^^l Housekeeper Needed PRwEc7 . PENNI.swear seating r1 ~`l., LOOCA710N, .` form-F ..aan•el.a... BAR STOOLS•lal dark weed ••.•••••`••••••••••n•u •.N SOD rd w rr.r.:t,.1• u ar m wa . an S Maw .APF • wD a+wn.r-srn dre.vr Ina.all MO'ynt roue .nw•w•. r-p•tawr i.E.vew3» .1• ..,a6www.r a.. I\ .5:� E u.� ..rw,. Exclufiw Condominium +•ifs- I in Bay Colony Looking for a General Manager •=MEE= ►poMl to s.ehtee•ores,train..*dopg. it I r h eNon d M k.1.•dr•..1.♦ OASIS IA MO on/ma d. yl,w.a Mu a NEL*USN. r.au...t�-w. I1 R D altM1 rrr SOapIMiaNe ✓)*9,In t,y w.N.k. la.wr. .t Hl. ,Na Re N M1 IMI4So MOS .w E•rrn..w w.•n r .+sn+_ ••n1•..RL+r I{V SYLI1RIlP P.a.dr•s era.dal al k.le 11 �V 1. . M1 1 ad Its-alai.; If lnte.etted,pIo..a n. �:. - __ H. mes......,,,. t is..un.e.,*a 1.1a.abq.Cortt -- -- . NAPLESNEWS CON I SUNDAY,AUGUST 1 2021 I 110 16 I 1 To AUreiloe,ets t classifleds.naplen.ws.com Classifieds . I CInsilketle[mail elassITIodenaplaenove•corn 11 Nowt,NIonr.r Irlday 41:30arn•5,34pm t1::!......r.:::ar.....r=trie7..0:.';Z:f gr="ria'reatr-..rar'..4.4^.otet.417..rakfelrat.,Cr:rpraIrt7e=rtntt::a"rot•I'elart.lat.rr=r7Zettr;a":...irrn:.1'3=2:a.....''"''.....". ip cs050111,:g Mold NW Eset• ru"'""105 S'L'' •=2:1MI' *MTI:=INI "-s'-' Homes X - WANTED Public Notices Wooed Wu urn,ram/ha. to 1p arldr•VW,/ •,. I 1 ri 'i•i Many-1,an to perm. BY OWNER --;.- -,,---: r all lla ICI fleannof 4.ME: urn Nan...414.1./•4 1 IlA .ana'7.---...--.-.1. r.!'Fritra"no.Irrar".1r0% *C== 3149111bl. '1' ----- 'fr•.''•••'113r. ft t.,:i•!... .7• , ... ,,,... V. Nerd Ner 441 O gireo Ow IN1._11'/%4A a I,4 AIII. ,i I,.4 0:".11:4, ip C=121M Oly/l1El.1 labllblOb.0 O.lo Nara I IN Cloy fln MUM,, o......,..eny yam La, are,IA.r mmerm goo,11. Slb.t-d I aot 1. "..,r.„„cg.,,„.,tr.,ea, OM Ow. rat Lib on tarrnan .1,t Replacemenr Inniture riAann....Ir re....el+ 10./42111N f.1i Alb IAD el Pi localeel at 54.Fine Rio, •CE:= .raw.QM T ael.a41 tn.. ....m .W.*0, yrtt tl r• t.. _ . ... W./FM n pr.ear N orb, Road. Suite A. Naples. 1 I. I1/1 4,4/.it..1,444 444 54104 Mfg 261•2443.arll le a 0.4 LP'Aar 4 Id athawara mein open to ta•arrant.and ,,,r.,.....=7:717.44 ......1=1 WS IP..1,c...n.,11 cgregeg,,,e,re.r.a,,...&err pp rant 4 howl UR oto an all patient a.. rah be me,1 or.Alor Inol.mle.rook ...pc..cepa.wh ow fr.-, far Math try to 441Ir r tor"allot.91/.104..b.o. wadable ar rich location nuns alai. wagon./nun own,.ferano(ar onal /earl,/al Ur Ira, few mentfer If.•re.. P.Dares: 1/11 1. 7/25 .e.s /e6oke 011e r. 239 III- ba.....“..,„ue alany., ...M./J.4d,-ltalr 1 et'nan Inn.,Ills Ana.,• lob.luoI•,•11.1 WM,O OM ld LO 44416511 ... 7:a=i'et.tr'rlirrt7t:". PUt 'i.rno Int liO/AO W 1 Vola lifrfie lor e . ' ;2.:tur. No Pet,No Saplin ,,,.,...,...,,, 0 =„1 4.B/1-M 3g =AF11/11Tkati.e liki=11111.1111 ee wrfe=,1. Pron.. /Winner sonlna 1 Inro.ade ha.T14 ... howl In 4.11 0..00.A.S. r ,...i-a 1 Parr An one flUer I I. !1 i I I..II Veliial.i 111 2 9'1=0=110 .)4"'"f°'S'I'• '.;=e. 1Vdt:11..k!,i; ; • A' _ OuT of Stai• .,,., .„,.„,„, ,,,,3„„, •M AI.V irmir d Recreation g .4. , ...Arr.i,-01..4.1,141 le -......•el. 11-111.101,„MOW(ohnpeou. AA.TOP DOLLAR MIDI la g ., - 1 on!Lui 101-216.5669 . 3 "1=1=1 for Oars.CRT%Wad. .- CD St t .; •-- ..„ip;floatIng 8 Marine ....0111. ' c'tiAllnoir • Homes For Sale• . !.! 1191111 IllikS 20 1•••••Purtlau0 IVO.IVY. < , , 4. tills ono! ..s,..m, .‘ A...' 7:;;;Ianlr,Az ,--E ..:, 1941 Cleta CI nrxr.5.4°,1.7.7,,t,' •' • tr.,Fl.n3olyJ - Pre,.blew b...1e Al= t- hat/. IMMO/014+4.1, Me)2al.0) 450Nan.111 he/. 010 1104.4.,,On la r bran 2 Z se 3 NW raga .Dan. unlornithed N./Rath BEST DEAL ..•or.130 rm.'Awl,ilhi-o. Caviler...I ...0.9 . Cr.. Len Ira*lo ream4ohnorariaronovrON, rea,n,ark•If.Pre/ a 9, e. 11 ........-tun.11.h A MP DOL LAR FOR KI NK ------- nue.Mr.f•no•••• rage NNW.with CARS ANIS TRUCKS,Seole 1/1k I= ir i C2 ' .',mond 01.1 1/1111141 H. a.saAsia.tAnt I...stle . 4.s ph aSze•vd Inglioll Conon,aolulb.1 ICI arttallrat-1111 '.."114"a7/391•1%3951n 7 IMO...41/1014110.5 111k Wel.1„tra•••••1 CL, vi Fi .na,e,1 female 5 Lam en 4eta T.00.'ea 219 265-7777 L'i;1444t.11;4'4"; .1.5TirriatM.O. 1.11/001,NOAGI 1.4., 4.)64,asse „. ....„;". rm.1,01,lr,b1 111MR 1„.ob..Oillob allellale Mr talOI01110441 ta g.All? ire LT:::..,,......,....r. ..1=1.--- 1:40.0... I•••••.•,-,.., d..U.•4,051-06(.1. 9k.INN.per 4 14.1 10 :;7171gellgilVaL.Mb .7../.1.1V1.1:1=nr" .10111..-Y,A.'in C.-#,Zi=ff AP 1=1=11. 1P-MNEZE. Hendren.,toe er,bull access - 41,1 ow ubvilbou1.1 w .14/.."°-iulo tall ean.Wane..•• C.DIFILIMIC.CIMIKIN.ITY DEVELOPMENT DISTRICT 239.1 rs-aela Assorted 4.,......0,-w-..... 110.11C.Of ruauc MARINO TO 00011100ITME ADOPTION Of THE FISCAL VCART071.0.1...ANONOTICE 4'1113M ..•..'..••..."...'. ' .'in= Of KALIL MANI.10 COMLIDEA TM 10,03,1.11 A.LEY,'Of 1.1A1MTC•A.ZAHOCIPEAATI.SPECNI. n.0,,0•40.Itenriner. 4P1 1.41.1.......Am MIASESSMEM13;ADOPTION Or blY.816.314.ENT1101.,MO 111E USE OF 114C lltalballal COLOECTION,ONO Oji hn't°I 11,,.-. 4..lo .Lamm.... barn Nn anti Feb mailable F.Bo.le Sober/mon loaConnent.Coweenrioll.eloovreal PIO..•.1,inn...bin b.......,a.o nu.u „utouelue•an 14000 a month abr.rleanirte, melba tn Fug.11.20.11 al 209 a orh ai.c.1.11.4 Cd.rman Toraneren•noo.a.bop.,ban/lour 161.14,51.13 IC bou ub,shh.,F....•WOK leo*al.4.treld fee he a...ar.woe.a conackung ru:A 41,1=1121) .I,,,.141470..,II 00, am°•••••...1.14...lbelrn thar........foal,of ubich..1-.1.....,......,...... sranalgle...pi any l=311= bonenu.lory b NEW ENGLAND Collect. :11:1.7.=..!::,1::,77. s.eon.or Pa ran men ro.tam.a.....•arra.tn..OM ehroore 5.no or•re../Tr ven',lo buy all ry.s,of ....,,,....aa......,._.....,...„, 14.....Pubon.11.•1.1......••4.n lune o w•0,040...OM Wt...leil 1-buob:„be.11„woo te. bne anbqueo Relate you tz,:r•,...,....,../ .„.;.1 ;;;;,7.mb, ...••••••••••..............•..................•.-.......-.............,•....•,-..-.. sell please r all loo all .,...,,,..,... orow........anew sr,.•ion mos to..nara h....ere Normr.a...*• ether Ined re In t lf.•a..lo.on.•••••••11.....VP•aeolobeha.al•mroaa*..1 le re*No sur,..•-•.•- 2,14,..nmon you rnay be mono.,ate available .....,.11.... abseasnwee roll.i.umeavn Foleabn aus nolareeensni ol no auersoacts ene orem0 mac/wain',tong plc...illy ootpubed an enual oanorounily Pau i .--,:-.Z:Z.T37.Ton._ car..1•0 0UrSiAril lo Rama Ss incluting Ct.ten.913.1 147.Floosa sss.s.a Ir.•a.,,s a us pa.. <'.. ••• luashae 1 be 9 Oa•W•I by„nokorion bawl 1.duke./o./cer...0.1110.lo.lba.1,1 alb,an,1.1°.°,11• c - • .- b.oal...be...„be ihk Eno'. ANTIQUES&ART WANTED 4Wje:g!c.:',..o.",1,,jea'r7.. A rKI,....0 rnm•Nt d Irm Ent.w•sse trwhee...1 Me 00.R,[an...,w.y OP,t.nezt rr 11 ir, Caul-Leona rain.lix.h exi tol-chnra long lake VICW Cligh,ehiRe(n.alien ....4.........' Buyer seeks.Quality 1199,900 Chnnet 119-490-0336 A copy eras al..buergar raw.,asse...41 a.ea wpm..lha h..,val.°ft ru•Y•• oefonwatratarn la or Oa Wool mu...tan 19.11.Club aumb nun A sus..lohns cr on 0,9 1.••••••1.0 painlings.stoloaliole glass L.. /Wiper/rem ex hmi ...e#c....ex.:lox.xei xxx,m ex.•1 aliarkr•a its,n••••,a Pertelarn silo,wash... r, Me$, . rewelay I Many,COM, .• . _ __. _____ ____..- ...--.... mode rn art,Phew/Warhol Mtl Maslen Chin. Solutions Plumbing Now Hiring: ............nar•ea..an r.h.......ace a Nomura,•••••••••••,•.........4 for I tall ror ft.Aaa.an a-aanon ma h.,.r er rake,a Ira twoote.14••••4.4...Itn.en..rat aneilr(5il;roll.;3' LeAktng for otaeof or win pant.ran.on rota.In•.rearm ante errata bh•1.ea....•...lia be.77.. me•••••.te e.bluos•cu.bele...„ohl ou F..r„...............-.41.by Cloano••a r.,le be WiE=2:=3 Plumbers and 18775.I.••••••••••••,.. Repoli.'Schedule of Assessenents • Plumbers Helpers or...ryp. .V 21 V* ..•Ileolu L.30e I unly*.-.3; Crall-rnra Sante randy 50•59 SSW W 5 1ST AO. Experience is a phis &no.,...1,50-FA 5.IR 1 OE RI • Dn.Early 10-TS .1 14 1.1.97 Yr Driver's License is required Mulfi-Far. SMS f i NM 89 ..,. ./1)ia 11[10 N . ' . ",! , :::::4;::::...7:7,7•41:7==:: ,.. ,.-.:.: 111411.01401 St 1 I rowan fi•-. I t?.r."7aZ ire ZaTr.kr7.4="'"r."rtaft..4""''ernrrpr..;,,le'Vae.cl:I:efttnit:Z.cr'a Er Canary,Funny. Per wr 10 Cl lenn„brace1 1 I. . I .11,0,...c.num,goo••.1,an•••••la...It ena ue ow toralue:enn•.to unce nol.lhe IIMI,VCIS a) *rwirramputin Housekeeper Needed ,==.',7:7Z'.•;".:::'•,'Z',. ..........oreare rower t.nada 4...4 by*;0 1 a t foe*war.t Ty/Imam,A.One BEST BEAL rrio ale arm*,fit•14.1•44 1.4414 1.1"4 11044.1.14•••• lAmmel b.at n earner.Pe0.10/14. .E.paean.Loa.a morel.ma.maw era hem....earn any rnara ranama a,,• 4 pia° L•••1100•11 1.1.111P 0.4 nue.or we.,0-0.1.11ernit h•MAO p InOrd 01 pr..,anent.*corea./..awn.. ,-.(1.114.• Mona r Tanry,•01.WIMP* ewe ro mspre 1.I..en mond ell.r.......dr.a.4 rtas axiom.,pre nairroar aro amen,then rapt. pdartror. Incl./et bro. a.............,.•awe/war eel,appal•io to n.„..o Owen we bed wernatir tr& . 1/4 .............ess.aro l'2713);11749'" 2 1e 00 .......era.am, ) • ,.... r.... . ,......,,...... amen.Common,Derskaartual.1., Mo.P.Want 0,140 Maw, ...Da*onovra•...men lill,l I blown thembe COuth 11(3.17f1X1t..-AVAO*3117/.1 • ' . --""" """'• MtC11.001.lel f draw • •''''''•"MItl;.?"''''" i . i . .- .I •eae u••••une L. t . • ....... ... 11/AIM.,e vanorage,1/50 !-1 ..oleholb alladooble 1 11... 111,0•40.1.......o.5 11„ F .. - . ,Cash&Carry,141 524°- • o 111 re.il.1. 1 C....Feb.0.0M. ' ? •' 4 -'.01t1' • Exclusive Condominium 's e,,.. in Bay Colony .. .ocA - . ...11. - 1 (PROJECT riory T. ---..•, itt Looking f _or a General Manager ..., ..._ -----__ ___-____ _____ - ':17;:"°':=L - .'----gsverrile be kraing Ix of u-le vers..1 il•mere a.ea--- ,, I,MO 50101 1.0039%PO 99 Yon.lit.,UN 11.1,in,we.*ban ,......._.. jp,===, W t.•lbw 0 Plinti hel Igmrwari At Ba•M•111.91..NAI • newhalokast nes U i towel teems,/edam Ilaxgr;,'.1111) • ...= • wall.mute we id more. , . . -• ..1 , 1..•xux U1111.4.6414 .... I. 11.NA.ass pro tagrrat lowdd. i• ixt7:17;',.,..T,::e.',;rs It interested,plea.•nuill -it'. ,,,. .. 1.49041 Mare Itland ' drIbfflimnorwil9961.411.1•6•TaIONI in- . - • lad 2 14,11,MCI --__-•-- - -_ , : .1.1.........".t..*••' ' 1 4:-.S r --LA- ',, -.•••••,•••••-.,, .... i ,..,.1 ,,. .,,1 .... . , , --.•--\, c;ROTTA , -"-' "--'" ' ?, f,..•-. ...,. ...14.2s.....„.:4,., t•,,9t.11.4470119, .,-n.,..:.;.-...,,...1,....,ht•:....e.r,...:2;.... Executive i''',.'...".A.."'0--•-.. a t.:,....,,Ire r frea-..1 1.,1-19 11 111‘.1/1•• • _ chef or ...............,•..-...... ... __, ii,•• ., -0.--,-- ., Executive "'"""""'"'' ---- • •-•••••:,..i._ ..e er,,,x•,,r.--, ,A..dux,e, 1,14..../•••..•.4 1110.1„11. "'r• -.• R. 8°11-.1,.ner a.,...eek .......1.1F....1-.7.....:-.:.... I_ -1••••• I -----'---- a Needed ,-,--,••°.l,,,lex,ex-e.e...7' .,-... . U 16I1 1 MINUTES OF MEETING 2 CURRENTS 3 COMMUNITY DEVELOPMENT DISTRICT 4 5 The Regular Meeting of the Board of Supervisors of the Currents Community Development District was 6 held on Wednesday,January 12, 2022, at 2:00 p.m.,at the Offices Coleman,Yovanovich and Koester, 7 4001 Tamiami Trail North,Suite 300, Naples, Florida 34103. 8 9 Present and constituting a quorum: 10 Charles Cook Chairperson 11 Trisha Sing Vice Chairperson 12 Brian Keller Assistant Secretary 13 Rob Summers Assistant Secretary 14 15 Also present were: 16 James P. Ward District Manager 17 Greg Urbancic District Counsel 18 Andrew Gill 19 20 Audience: 21 22 All resident's names were not included with the minutes. If a resident did not identify 23 themselves or the audio file did not pick up the name, the name was not recorded in these 24 minutes. 25 26 27 PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE 28 TRANSCRIBED IN ITALICS. 29 30 FIRST ORDER OF BUSINESS Call to Order/Roll Call 31 32 Mr. Andrew Gill called the meeting to order at approximately 2:00 p.m. He conducted roll call; all 33 Members of the Board were present constituting a quorum. 34 35 SECOND ORDER OF BUSINESS Consideration of Resignations 36 37 Consideration of acceptance of the letters of resignation from Mr. Ricardo De Camps, from Seat 2 38 whose term is set to expire November 2022, effective October 15, 2021, and Mr. Ryan Futch, from 39 Seat 5 whose term is set to expire November 2024, effective November 29, 2021, of the Board of 40 Supervisors of the Currents Community Development District 41 42 I. Appointment of Individual for fill Seats 2 & 5, whose terms will expire November 2022 and 43 November 2024,respectively 44 II. Oath of Office 45 III. Guide to the Sunshine Law and Code of Ethics for Public Employees 46 IV. Form 1—Statement of Financial Interests 47 Wage 1611 • 4 Currents Community Development District January 12, 2022 48 Mr. Gill asked if the Board wished to appoint an individual to fill Seat 2. The Board appointed Trisha 49 Sing to fill Seat 2. 50 51 On MOTION made by Mr. Charles Cook, seconded by Mr. Rob 52 Summers, and with all in favor, Ms. Trisha Sing, was appointed to fill 53 Seat 2 with a term ending November 2022. 54 - -T—. 55 Mr. Ward ensured Ms. Trisha Sing was qualified to serve on the Board. As a notary public, he 56 administered the Oath of Office to Ms. Sing. He asked Ms. Sing to sign the Oath of Office and return 57 the signed Oath to himself for notarization and to be made part of the public record. He discussed 58 the Form 1—Statement of Financial Interests and noted Ms.Sing should call himself(Mr. Ward)with 59 any questions regarding Form 1. He encouraged Ms. Sing not to forget to file Form 1 or risk 60 incurring fees for late filing. He noted Ms. Sing was made familiar with the Sunshine Law previously. 61 He noted any questions regarding the Sunshine Law or Code of Ethics should be directed to himself 62 or Mr. Urbancic. 63 64 Mr. Gill asked if the Board wished to appoint an individual to fill Seat 5. 65 66 Mr. Ward: What I would suggest you do is, if you have someone in mind, you can appoint them 67 today, and then I will swear them in outside of today's meeting. 68 69 The Board wished to appoint Tanya Holden to fill Seat 5. 70 71 On MOTION made by Mr. Charles Cook, seconded by Mr. Rob 72 Summers, and with all in favor, Ms. Tanya Holden, was appointed to 73 fill Seat 5 with a term ending November 2024. 74 75 THIRD ORDER OF BUSINESS Consideration of Resolution 2022-1 76 77 Consideration of Resolution 2022-1, a resolution of the Board re-designating the Officers of the 78 Currents Community Development District 79 80 Mr. Gill stated currently, Charles Cook served as Chairperson, while Brian Keller and Robert Summers 81 served as Assistant Secretaries. He noted the Vice Chairperson position was vacant and Mr.James Ward 82 served as Secretary and Treasurer. He asked the Board how it wished to proceed. The Board chose to 83 appoint Trisha Sing as Vice Chairperson, Charles Cook as Chairperson, and the remaining Board 84 Members to serve as Assistant Secretaries,with Mr. Ward as Secretary and Treasurer. 85 86 On MOTION made by Mr. Charles Cook, seconded by Mr. Brian Keller, 87 and with all in favor, Resolution 2022-1 was adopted, and the Chair 88 was authorized to sign. 89 90 FOURTH ORDER OF BUSINESS Consideration of Minutes 91 92 August 11,2021, Regular Meeting 93 2 ' Page i6I 1 Currents Community Development District January 12, 2022 94 Mr. Gill asked if there were any corrections, additions, or deletions for the Regular Meeting Minutes; 95 hearing none, he called for a motion to approve the Minutes. 96 97 On MOTION made by Mr. Brian Keller,seconded by Mr. Rob Summers, 98 and with all in favor, the August 11, 2021, Regular Meeting Minutes 99 were approved. 100 101 102 FIFTH ORDER OF BUSINESS Staff Reports 103 104 I. District Attorney 105 106 No report. 107 108 II. District Engineer 109 110 No report. 111 112 III. District Manager 113 114 a) Memorandum regarding Stormwater Reporting Requirements 115 b) Financial Statement for period ending August 31,2021 (unaudited) 116 c) Financial Statement for period ending September 30,2021(unaudited) 117 d) Financial Statement for period ending October 31,2021(unaudited) 118 e) Financial Statement for period ending November 30,2021(unaudited) 119 f) Financial Statement for period ending December 31,2021(unaudited) 120 121 Mr. Ward: State Law was changed last year to require special districts to comply with some 122 reporting requirements. We have to report the renewal and replacement values of all of our 123 assets. Primarily for this District it is storm water improvement systems. Some districts have 124 utilities, and they would need to include that, but we do not have that issue. Then, this needs to be 125 continually reported on a 5 year basis. The first reporting period is due on June 30, 2022, then 126 every 5 years thereafter. We have already engaged your engineer to start the process of preparing 127 those reports. I would like to have them ready in the next 60 days or so in order to ensure that we 128 get them completed and filed on a timely basis. Some Board Members have asked me about 129 having work authorization for the Engineer. I am not recommending that because no engineering 130 firm has gone through this, as I have not and Greg has not, at this point in time, so we are going to 131 have to feel our way through this to determine how much it is going to cost on a periodic basis 132 going through this process. 133 134 Mr. Urbancic: The State promulgated a form to hopefully standardize this and make the reporting 135 a little more streamlined, but this is a first time case,so we will see how it goes. 136 137 138 SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments 139 Mr. Gill asked if there were any Supervisor's requests; there were none. He asked if there were any 140 members of the audience present with any questions or comments;there were none. 3IPage 6 I 1 Currents Community Development District January 12,2022 SEVENTH ORDER OF BUSINESS Adjournment Mr.Gill adjourned the meeting at approximately 2:10 p.m. On MOTION made by Mr. Charles Cook,seconded by Mr. Brian Keller, and with all in favor,the meeting was adjourned. Currents Com ni evelopment District 4Yg,i Jame .Ward,Secretary Char ook, airp erson 41Page 16 I 1 OATH OR AFFIRMATION OF OFFICE I, _ a citizen of the State of Florida and of the United States of America, and being an officer of the Currents Community Development District and a recipient of public funds as such officer, do hereby solemnly sWear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Currents Community Development District, Collier County, Florida. Signatur Printed Name: `ribg-Ci7k ' Si NC', STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me by means Of bt) physical presence or ( ) online notarization this 'a day ofuc, , 2022, by i CNS%c., Ca:0^ , whose signature appears hereinabove,pp einabove, who is per nail known to me or who produced as identification. `\\\ ``�,l� NIIIousio 0..N / • i, ••Now �.•, NOTARPUBLIC = STAT-EOF FLORIDA i ki ..... a �# 109 if -�'�:�•'^ ".�F. Print Name: i-►iG.wv.skA 1,.�Atd 11NNN.` My Commission Expires: 4 .3'd l laoitr Mailing Address for Agendas: HOME OFFICE Cell Number Home Number 16I1 OATH OR AFFIRMATION OF OFFICE I, Ta n Vic)IA@ Y', a citizen of the State of Florida and of the United States of America, and being an officer of the Currents Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Currents Community Development District, Collier County, Florida. Signature Printed Name: (t 1.() c. I ` c)wiL..✓� STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me by means of'(.) physical presence or ( ) online notarization this c ) day of .-3-cir c tc rD , 2022, by TCkr\j a NO'deo , whose signature appears hereinabove, who is personally known to me or who produced as identification. /(/ NOTARY PUBL C g.*arbr�i REBEKAHNORTON STATE OF FLORIDA •00. Commission#GG 329991 41,1 ,44 Expires May 10,2023 40F Locs Banda]!Nu BydgotNoirySa^+Ica! Print Name: &T V\ j*JO0U(1 My Commission Expires: m F1j d 0 t /.07.3 Mailing Address for Agendas: _ HOME X OFFICE /()Ci l"lot G-rCcrdE tY. SLti rte 22�!35 Cell Number P n i SI7r1"►'1O 1 J Home Number 16I 1 MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Currents Community Development District was held on Wednesday, May 11, 2022, at 2:00 p.m., at the Offices Coleman,Yovanovich and Koester,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Charles Cook Chairperson Trisha Sing Vice Chairperson Brian Keller Assistant Secretary Absent: Rob Summers Assistant Secretary Tanya Holden Assistant Secretary Also present were: James P. Ward District Manager Tony Grau Grau and Associates Andrew Gill Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Andrew Gill called the meeting to order at approximately 2:34 p.m. He conducted roll call; all Members of the Board were present, with the exception of Supervisor Summers and Supervisor Holden, constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Resolution 2022-2 Consideration of Resolution 2022-2, a resolution of the Board re-designating the Officers of the Currents Community Development District Mr. Gill stated this Resolution set forth the titles of the Board Members as Chairperson, Vice Chairperson, Assistant Secretaries, etc. He asked if there were any questions; hearing none, he called for a motion. Wage 16 ► 1 Currents Community Development District May 11, 202 On MOTION made by Mr. Charles Cook, seconded by Ms. Trisha Sing, and with all in favor, Resolution 2022-2 was adopted, and the Chair was authorized to sign. THIRD ORDER OF BUSINESS Consideration of Minutes January 12,2022—Regular Meeting Mr. Gill asked if there were any corrections, additions, or deletions for the Regular Meeting Minutes; hearing none, he called for a motion to approve the Minutes. On MOTION made by Mr. Brian Keller, seconded by Ms. Trisha Sing, and with all in favor, the January 12, 2022, Regular Meeting Minutes were approved. FOURTH ORDER OF BUSINESS Consideration of Resolution 2022-3 Consideration of Resolution 2022-3, a resolution of the Board of Supervisors of the Currents Community Development District approving the Proposed Fiscal Year 2023 Budget and setting the Public Hearing on Wednesday, July 13, 2022, at 2:30 P.M. at the offices of Coleman, Yovanovich & Koester,4001 Tamiami Trail North,Suite 300, Naples, Florida 34103 Mr. Gill explained this Resolution approved the proposed budget for FY 2023, and set the date, time, and location for the public hearing. He asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Charles Cook, seconded by Mr. Brian Keller, and with all in favor, Resolution 2022-3 was adopted, and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Consideration of Audited Financial Statements Consideration of the acceptance of the Audited Financial Statements for the Fiscal Year ended September 30, 2021 Mr. Gill introduced Tony Grau with Grau and Associates. Mr. Tony Grau with Grau and Associates reviewed the Audited Financial Statements for the Fiscal Year ended September 30, 2021. He reported pages 1 and 2 reflected a clean opinion with respect to the financial statements of the District. He stated page 3 was the management discussion and analysis which was a recap of the financial activity during the Fiscal Year. He indicated page 4 showed the condensed statement of net position and next was the income statement (changes in net position) which showed revenues, expenses, and the change in net position. He indicated both statements had comparative numbers with the prior year. He noted both years had large conveyances, but the conveyances in 2020 were much larger, at $2.6 million dollars compared to $500,000 dollars. He indicated the financial statements began on page 7 with the statement of net position, and statement of activities (income statement), both of which were on the full accrual basis. He stated the next page was 2IPage 1611 Currents Community Development District May 11, 2022 the balance sheet reflecting the general fund, debt service fund, and capital project fund which had a small deficit. He stated the income statement was on page 11 and showed the special assessments, prepaid assessments, and expenditures by fund. He reported on page 13 were the footnotes to the financial statements which were consistent with the prior year. He indicated on page 19 were the changes in the capital assets; there were additions and conveyance of infrastructure. He stated page 20 showed the long term debt which was paid down by $250,000 dollars leaving $26.5 million dollars in bond debt. He reported budget to actual was on page 22 and starting page 24 was the new schedule required by Florida Statute and the Auditor General. He stated the remainder of the report contained the various reports required under government auditing standards and by the Auditor General. He reported there were no findings and only clean opinions. Mr. Gill called for a motion. On MOTION made by Mr. Brian Keller, seconded by Mr. Charles Cook, and with all in favor, the Audited Financial Statements for the Fiscal Year ended September 30, 2021 were accepted for purposes of inclusion in the record. SIXTH ORDER OF BUSINESS Consideration of Resolution 2022-4 Consideration of Resolution 2022-4, a resolution of the Board of Supervisors of the Currents Community Development District approving the assignment of the Engineering Services Agreement, dated April 1, 2020,from Waldrop, Inc.to Atwell, LLC Mr. Gill explained this Resolution approved the assignment of the Engineering Services Agreement from Waldrop to Atwell, LLC due to a merger between Waldrop and Atwell. He asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Charles Cook, seconded by Ms. Trisha Sing, and with all in favor, Resolution 2022-4 was adopted, and the Chair was authorized to sign. SEVENTH ORDER OF BUSINESS Consideration of Resolution 2022-5 Consideration of Resolution 2022-5, a resolution of the Board of Supervisors designating a date,time, and location for a landowners' meeting and election; providing for publication;and establishing forms for the landowners'election Mr. Gill reported in this upcoming landowners' election, three seats were due: Seats 2, 3, and 5. He noted the landowners' meeting and election would be on November 1, 2022 at 4:00 p.m. in the Offices Coleman, Yovanovich and Koester. He noted this District was formed in 2019 and the number of qualified electors was less than 250; therefore, this would be a landowners' election as opposed to a qualified elector election. He asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Brian Keller, seconded by Ms. Trisha Sing, and with all in favor, Resolution 2022-5 was adopted, and the Chair was authorized to sign. Wage 16 I 1 Currents Community Development District May 11,2022 EIGHTH ORDER OF BUSINESS Staff Reports I. District Attorney No report. II. District Engineer a) Stormwater Reporting Update Mr. Gill explained on June 30, 2022 the District had a Stormwater Analysis Report due to the County which detailed the stormwater maintenance system in the District and projected costs and projects in five year increments over the next twenty years. He indicated Staff was working with the District Engineer to ensure this was provided to the County by the deadline. III. District Manager a) Report on the number of Registered Voters as of April 15,2022 b) Financial Statement for period ending January 31,2022(unaudited) c) Financial Statement for period ending February 28, 2022 (unaudited) d) Financial Statement for period ending March 31,2022 (unaudited) e) Financial Statement for period ending April 30, 2022(unaudited) Mr. Ward: There are 101 qualified electors in the District, and it was established in 2019, so the earliest we would transition at this point would be in 2026. There is no action required for you at this particular time. At some point there will be action because when we transition to a qualified elector election, I will tell you about that, and it will trigger other mechanisms under the statute. NINTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Gill asked if there were any Supervisor's requests; there were none. He asked if there were any members of the audience present in person or on audio/video with any questions or comments; there were none. TENTH ORDER OF BUSINESS Adjournment Mr.Gill adjourned the meeting at approximately 2:45 p.m. On MOTION made by Mr. Charles Cook, seconded by Ms. Trisha Sing, and with all in favor,the meeting was adjourned. Currents C unity De pment District James.Ward,Secretary Charl Cook,Ch " person 4 ' Page 16I 1 Naples - \ems PART OF THE USA TODAY NETWORK ORK Published Daily Naples, FL 34110 CURRENTS CDD 2301 NE 37TH ST NOTICE OF ANNUAL MEETINGS FT LAUDERDALE, FL 33308-6242 CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Fiscal Year 2022 Regular Meetings of the Board of Supervi- sors of the Currents Community Development Distnct are sched- Affidavit of Publication uled for the second Wednesday of each month at 2:00 P.M.,at the Offices of Coleman, Yovanovich & Koester, P.A., 41141 STATE OF WISCONSIN Tamiami Trail North,Suite 300 Naples, Florida 34103,on the fol- COUNTY OF BROWN lowing dates: October 13,2021 November 10,2021 December 8,2021 January 12,2022 Before the undersigned they serve as the authority, February 9,2022 March 9,2022 personally appeared said legal clerk who on oath says that April 13,2022 May 11,2022 June8,2022 July 13,2022 he/she serves as Legal Clerk of the Naples Daily News, e August 10,2022 September 14,2022 daily newspaper published at Naples, in Collier County, The meetings are open to the public and will be conducted in Florida; distributed in Collier and Lee counties of Florida; accordance with the provisions of Florida I aw for Community that the attached copy of the advertising was published in Development Districts. A copy of the agenda for each meeting may be obtained from the office of the District Manager, said newspaper on dates listed. Affiant further says that the JPWard &Associates LLC, 2301 NE 37th Street, Fort Lauderdale, said Naples Daily News is a newspaper published at Florida 33308 (Phone 954 658 4900)at least seven(7)days in ad- Naples, in said Collier County, Florida, and that the said vance of the meeting. In addition, the Agenda's will be posted on the District's web site at w ww.currentscdd.org newspaper has heretofore been continuously published in The meetings may be cancelled or continued to a date,time and Said location specified on the record at the meeting. Collier County, Florida;distributed in Collier and Lee counties of Florida, each dayand has been entered as In accordance with the provisions of the Americans with Disabil- ities Act, any person requiring special accommodations or an in- second class mail matter at the post office in Naples,in terpreter to participate at these meetings should contact the said Collier County,Florida,foraperiod of one year next District at(954) 658-4900, at least five (5)days prior to the date Yof the meetings. If you are hearing or speech impaired, please preceding the first publication of the attached copy of contact the Florida Relay Service at 1-800-955-8770, for assis- advertisement;and affiant further says that he has neither tance in contacting the District Office. paid nor promised any person,or corporation any discount, if any person decides to appeal any decision made with respect rebate.commission or refund for the purpose of securing to any matter considered at these board meetings, such person will need a record of the proceedings and such person may this advertisement for publication in said newspaper need to ensure that a verbatim record of the proceedings is issue 5 dated: made at their own expense and which record includes the testi- ( ) mony and evidence on which the appeal is based. Currents Community Development District James P.Ward,District Manager Issue(s)dated:09/19/2021 Publish Date 9/19/2021 #4912650 Subscribed and sworn to before on September 19,2021: otary,State of WI unty of wn My commission expires Publication Cost:$329.00 Ad No:0004912650 Customer No: 1387852 N AN CY H EY R M A N PO#: FY22 Annual Mtgs Notary Public #of Affidavits 1 State of Wisconsin This is not an invoice 16I1 Timestamp Street 7/6/2021 11:08:44 2301 NE 37Th ST Final Publication Date City 8/1/2021 Ft Lauderdale Ad Number State GCI0678835 FL Publication ZIP Code Naples News 33308-6242 Market Your Name Naples Jennifer DeWitt Delivery Method Email Address Both jldewitt@gannett.com 0+h er of Affidavits Needed + 442ctralki S Customer Email coridissinger@jpwardassociates.com Customer Name Currents CDD Customer Phone Number (951)658-4900 Customer Address 2301 NE 37Th ST Ft Lauderdale, FL 33308-6242 Account Number (If Known) AP-364874 Name Cori Dissinger 16I1 MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Currents Community Development District was held on Thursday,July 14, 2022, at 9:30 a.m. at the offices of Coleman,Yovanovich & Koester,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Charles Cook Chairperson Trisha Sing Vice Chairperson Brian Keller Assistant Secretary Robert D. Summers, II Assistant Secretary Absent: Tanya Holden Assistant Secretary Also present were: James P. Ward District Manager Andrew Gill Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Andrew Gill called the meeting to order at approximately 9:30 a.m. He conducted roll call; all Members of the Board were present,with the exception of Supervisor Holden,constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Minutes May 11,2022—Regular Meeting Mr. Gill asked if there were any corrections, additions, or deletions for the Regular Meeting Minutes; hearing none, he called for a motion to approve the Minutes. On MOTION made by Mr. Brian Keller, seconded by Mr. Charles Cook, and with all in favor,the May 11,2022, Regular Meeting Minutes were approved. 11Page 16I 1 Currents Community Development District July 14, 2022 THIRD ORDER OF BUSINESS Consideration of Resolution 2022-6 Consideration of Resolution 2022-6, a resolution of the Board of Supervisors of Currents Community Development District setting a revised Public Hearing date, time, and location for the Districts Fiscal Year 2023 Budget pursuant to Florida Law Mr. Gill explained this Resolution set a revised date for the District's public hearing. He indicated the date would be Thursday, August 4, 2022 at 9:30 a.m. at the offices of Coleman, Yovanovich and Koester, 4001 Tamiami Trail North,Suite 300, Naples, Florida 34103. Discussion ensued regarding the date and time of the public hearing; the Board chose not to change the revised public hearing date or time; it would be held Thursday,August 4, 2022 at 9:30 a.m. at the offices of Coleman,Yovanovich and Koester,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. On MOTION made by Mr. Brian Keller,seconded by Mr. Rob Summers, and with all in favor, Resolution 2022-6 was adopted, and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Staff Reports I. District Attorney No report. II. District Engineer a) Stormwater Reporting Update-Completed Mr. Gill: We did the 20 Year Storm water Needs Analysis. It was due June 30 of this year. We worked with the Engineer to get that done. It provides a 20 year projection on the storm water system in five-year increments. It was filed with the County last month. III. District Manager a) Financial Statement for period ending April 30, 2022(unaudited) b) Financial Statement for period ending May 31,2022(unaudited) c) Financial Statement for period ending June 30,2022(unaudited) Mr. Ward: Let's go ahead and do the resignation at this point. Rob, you just have to say on the record that you are resigning from the Board effective immediately and then you can leave. Mr. Rob Summers: This is Rob Summers. I will be resigning from the Currents CDD Board effective immediately. Mr. Ward: The record will reflect his resignation is effective immediately. The way in which the statute works is by motion and second you nominate someone to replace the balance of his term which is set to expire November of this year. Wage 16I 1 Currents Community Development District July 14,2022 On MOTION made by Mr. Charles Cook, seconded by Mr. Brian Keller, and with all in favor, Clayton Wasson was nominated to serve the balance of Rob Summers'term expiring November 2022. Mr.Gill,as a notary public, administered the Oath of Office to Mr.Clayton Wasson. Mr.Ward verified Mr.Wasson was qualified to serve on the Board. Mr. Gill noted Mr. Wasson would be provided a copy of the Guide to the Sunshine Law,the Code of Ethics, as well as a Form 1—Statement of Financial Interests. He discussed the Form 1—Statement of Financial Interests and encouraged Mr. Wasson not to forget to file Form 1 or risk incurring fees for late filing. Mr. Greg Urbancic discussed the Sunshine Law and Public Records Law explaining any subject related to the CDD could not be discussed outside of publicly advertised CDD Board Meetings and any communications received by Board Members regarding official CDD business should be forwarded to Mr. Ward and Mr. Gill to be included in the public record. He noted any questions regarding the Sunshine Law or Public Records could be directed to himself or Mr.Ward. Mr.Ward asked Mr.Summers to send a resignation email to himself;a Form 1F would be forwarded to Mr.Summers which needed to be filed within 60 days of resignation. He stated another regular Form 1 would be sent to Mr. Summers next year which also would need to be filed; this would be Mr.Summers final required filing. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Gill asked if there were any Supervisor's requests; there were none. He asked if there were any members of the audience present in person or on audio/video with any questions or comments; there were none. SIXTH ORDER OF BUSINESS Adjournment Mr.Gill adjourned the meeting at approximately 9:45 a.m. On MOTION made by Mr. Charles Cook, seconded by Ms. Trisha Sing, and with all in favor,the meeting was adjourned. Community Devel ment9 trict ames P.Ward,Secretary Charles ook,Cb irperson 3 ' Page avitts Battu Arms Alfr PART OF THE USA TODAY NE TWORK Published Daily Naples, FL 34110 CURRENTS CDD 2301 NE 37TH ST NOTICE OF REGULAR MEETING OF FT LAUDERDALE, FL 33308-6242 THE BOARD OF SUPERVISORS OF THE CURRENTS COMMUNITY DEVELOPMENT DISTRICT NOTICE IS HEREBY GIVEN that the Meeting of the Currents Affidavit of Publication Community Development District will he held at 9!30 AM on STATE OF WISCONSIN Thursday, July 14, 2022,at the offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300, Naples Florida COUNTY OF BROWN 34103. The purpose of this meeting is for the Board to consider any Before the undersigned they serve as the authority, business which may properly come before it. The meeting is open to the public and will be conducted in accordance with personally appeared said legal clerk who on oath says that the provisions of Florida Law for Community Development Dis- he/she serves as Legal Clerk of the Naples Daily News, a tricts. The meetings may be cancelled or continues to a date, time and location specified on the record at the meeting. daily newspaper published at Naples, in Collier County, Florida: distributed in Collier and Lee counties of Florida; A copy of the agenda for the hearing and meeting may be ob- tained seven (7) days prior to the meeting at the offices of the that the attached copy of the advertising publishedDistrict Manager, located at 2301 Northeast 37th Street, Fort said newspaper on dates listed. Affiant further says that the Lauderdale, Florida 33308, Ph: (954) 658 4900, during normal business hours, or on the Districts website at www.currentscdd.o said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been Continuous) ublished in Any person requiring special accommodations at this meeting Y P because of a disability or physical impairment should contact said the District Office at (954) 658-4900 at least forty-eight (48) Collier County, Florida;distributed in Collier and Lee hours prior to the meeting. If you are hearing or speech im- paired, please contact the Florida Relay Service at (800) 955- counties of Florida, each day and has been entered as 8770 for aid in contacting the District Office. second class mail matter at the post office in Naples, in In accordance with the provisions of the Americans with Disabil- said Collier County, Florida,for a period of one year next ities Act, any person requiring special accommodations or an of in- terpreter to participate at this meeting should contact the preceding the first publication of the attached copy District Manager by telephone at (954) 658-4900 at least seven advertisement;and affiant further says that he has neither (7)days prior to the date of the particular meeting. Toward that paid nor promised any person, or corporation anydiscount, end, anyone wishing to listen and participate in the meeting pcan do so by connecting to a link that will be posted on the Dis- rebate, commission or refund for the purpose of securing trict's web site: www.Currentscdd.org. this advertisement for publication in said newspaper If any person decides to appeal any decision made with respect issue(s)dated or by publication on the newspaper's to any matter considered at this meeting, such person will need website, if authorized, on a record of the proceeding and such person may need to ensure that a verbatim record of the proceeding is made at their own expense and which record includes the testimony and evidence on which the appeal is based. Issue(s)dated: 07/06/2022 James P.Ward District Manager Currents Community Development District Pub Date:July 6,2022 #5323110 Subscribed and sworn to before on July 6,2022: otar Stat I, ount Brown _Sr15 a3 My commission expires Publication Cost:$357 00 Ad No: 0005323110 , -- Customer No 1387852 a �c ::'r, `e�:.''.: .:4A PO#: #of Affidavits This is not an invoice Nra 1611�Tl ntlt & PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 CURRENTS CDD 2301 NE 37TH ST NOTICE OF REGULAR MEETING OF FT LAUDERDALE,FL 33308-6242 THE BOARD OF SUPERVISORS OF THE CURRENTS COMMUNITY DEVELOPMENT DISTRICT NOTICE IS HEREBY GIVEN that the Meeting of the Currents Affidavit of Publication Community Development District will be held at 9:30 AM on Thursday, July 14, 2022,at the offices of Coleman, Yovanovich STATE OF WISCONSIN & Koester, 4001 Tamiami Trail North, Suite 300, Naples Florida COUNTY OF BROWN 34103. The purpose of this meeting is for the Board to consider any Before the undersigned they serve as the authority, business which may properly come before it. The meeting is open to the public and will be conducted in accordance with personally appeared said legal clerk who on oath says that the provisions of Florida Law for Community Development Dis he/she serves as Legal Clerk of the Naples Daily News, a tricts. The meetings may be cancelled or continues to a date, time and location specified on the record at the meeting. daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; A copy of the agenda tar the hearing and meeting may be ob- tained seven (7)days prior to the meeting at the offices of the that the attached copy of the advertising was published in District Manager, located as 2301 Northeast 37th Street, Fort said newspaper on dates listed. Affiant further says that the Lauderdale, Florida 33308, Ph. (954) 658-4900, during normal said Naples DailyNews is a newspaper business hours,or on the Districts website at www.currentscdd.o Ppublished at rg_ Naples, in said Collier County, Florida, and that the said Any person requiring special accommodations at this meeting newspaper has heretofore been continuously published in because of a disability or physical impairment should contact said the District Office at (954) 658-4900 at least forty-eight (48) hours prior to the meeting. If you are hearing or speech im- Collier County,Florida;distributed in Collier and Lee paired, please contact the Florida Relay Service at (800) 955- counties of Florida,each day and has been entered as 8770 for aid in contacting the District Of fice. second class mail matter at the post office in Naples,in In accordance with the provisions of the Americans with Disahil- said Collier County,Florida,for a period of one year next ities Act,any person requiring special accommodations or an in terpreter to participate at this meeting should contact the preceding the first publication of the attached copy of District Manager by telephone at (954) 658-4900 at least seven advertisement;and affiant further says that he has neither (7)days prior to the date of the particular meeting. Toward that end, anyone wishing to listen and participate in the meeting paid nor promised any person,or corporation any discount, can do so by connecting to a link that will be posted on the Dis- rebate,commission or refund for the purpose of securing trict's web site: www,Currentscdd.org this advertisement for publication in said newspaper If any person decides to appeal any decision made with respect issue(s)dated or by publication on the newspaper's to any matter considered at this meeting, such person will need a record of the proceeding and such person may need to ensure website,if authorized,on that a verbatim record of the proceeding is made at their own expense and which record includes the testimony and evidence on which the appeal is based. Issue(s)date �07/06/ 2 James P.Ward District Manager Currents Community Development District Pub Date:July 6,2022 #5323110 Subscribed and sworn to before on July 7.2022 �l1 a `Y '11.4� Notary,State of WI, aunty of Brown ( ` 7 of My commission expires Publication Cost:$357 00 Ad No:0005323110 KgTHL �N q�L1=N Customer No: 1387852 Notary Public PO#: #of Affidavits: 1 State of W15COns`o This is not an invoice 16 I 1 MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Currents Community Development District was held on Thursday,August 4, 2022, at 9:30 a.m. at the offices of Coleman,Yovanovich & Koester,4001 Tamiami Trail North,Suite 300, Naples, Florida 34103. Present and constituting a quorum: Brian Keller Assistant Secretary Clayton Wasson Assistant Secretary Tanya Holden Assistant Secretary Absent: Charles Cook Chairperson Trisha Sing Vice Chairperson Also present were: Andrew Gill J.P.Ward &Associates Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Andrew Gill called the meeting to order at approximately 9:34 a.m. He noted the meeting was being held downstairs from Coleman, Yovanovich & Koester. He conducted roll call; all Members of the Board were present, with the exception of Supervisor Cook and Supervisor Sing, constituting a quorum. He indicated he checked upstairs at the offices of Coleman, Yovanovich & Koester and there were no members of the public present in person,or on audio or video. SECOND ORDER OF BUSINESS PUBLIC HEARING Mr. Gill explained this public hearing was for the fiscal year 2023 budget. He noted there were no changes to the budget since its previous presentation. a. PUBLIC HEARING—FISCAL YEAR 2023 BUDGET I. Public Comment and Testimony Wage 16 I 1 Currents Community Development District August 4,2022 Mr.Gill called for a motion to open the Public Hearing. �On MOTION made by Mr. Brian Keller, seconded by Mr. Clayton Wasson,and with all in favor,the Public Hearing was opened. P Mr. Gill: Due to unexpected circumstances, I believe the Board would like to continue this meeting to a later date. That date and time are set for next Thursday, August 11, at 9:30 a.m. at this location. On MOTION made by Mr. Brian Keller, seconded by Mr. Clayton Wasson,and with all in favor,the Meeting was continued. Currents Community Development District 1,/2�g� Charles James .Ward,Secretary Charles Cook,Chairperson Signature: Ch��f Cook lades Ceok(Nov 11 222 1421 EST' Email: chcook@taylormorrison.com Wage ,_ 4 " bli �� t � �1tt PART of ri If USA TODAY NETWORK Published Daily Naples, FL 34110 Currents CDD 2301 NE 37Th ST Ft Lauderdale, FL 33308-6242 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News,a daily newspaper published at Naples,in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County,Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person,or corporation any discount, rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper 7/17/2022,7/24/2022 rworn too,_.,,pat,_before `' on July 2�th,2022 �f a it (/�/Q � Notary,State of ,County of Brown My commission expires Publication Cost:$2620.80 K AT H L E E N A L L E N NotaryPublic Ad No: GC10913257 State of Wisconsin Customer No:AP-364874 PO#: CURRENTS COMMUNITY DEVELOPMENT DISTRICT NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2023 BUDGETS;AND NOTICE OF PUBLIC HEARING TO CONSIDER THE IMPOSITION AND LEVY OF MAINTENANCE AND OPERATION SPECIAL i 6 ' 1 1 ASSESSMENTS;ADOPTION OF AN ASSESSMENT ROLL,AND THE USE OF THE UNIFORM COLLECTION,AND ENFORCEMENT OF THE SAME;AND NOTICE OF REGULAR BOARD OF SUPERVISORS'MEETING The Board of&verdeors for Gramma Community Dovdopmonl District will hold two public howrngs and a regular mooting on August 4,2022,al 9,30 a.m al the oncces of Coleman,Yovanovlch 8 Koester,4001 Tamiaml Trail North,Suite 300,Naples Florida 34103 The meeting is being held for the necessary public purpose of considering such business as nide Idly identified,n the meeting agenda a copy of which will be posted on the District's weberte at wets LutKUL'c0ll_V!u The purpose of the lirsl public hearing is to receive public comment and objections on the Focal Year 2023 Proposed Budgets The first public hearing Is being conducted pursuant to Chapter 190,Florida Statutes The purpose of the second public Iwrothg is to consider the imposition of special assessments to fund the District's proposed operation and maintenance budget Ier Fiscal Year 2023 upon the lards located within the District,a depiction al which lands is shown below consider the adoptron nil a rap rale for notice purposes only and to consider the adoption of an assessment roll for the uniform collection and enforcement of the assessments The second public hearing is being conducted pursuant to Florida law inclutlung Chapters 190 and 197 Florida Statutes Al the conclusion of the public hearings,the Board will,by resolution adopt the budgets and levy assessments to fund the operation and maintenance budget as finally approved by the Board A regular board meeting of the District will also be held where the Board may consider any other business that may properly come before it A copy of the proposed budgets,pretmnary assessment roll,and the agenda for the hearings and meeting may be obtained al the ollices of the District Manager,Ph:(954)658-4900,during normal business hours or on the Distncis web site v rimmed tgd at least seven 17)days in advance o1 the meeting. In addition you may obtain a copy of the proposed budget on the District's web site:wwvr...urrenlxdrlug immediately The special assessments are annually recurring assessments and are In addition to previously levied capital debt assessments The lade below presents the proposed schedule of operation and maintenance assessments for Fiscal Year 2023 Amounts nts are preliminary and subject to change at the hearing and in any lulure year.The amounts are subject to early payment discount as afforded by the uniform collection law Note that the operations and maintenance assessments staled below do not include arty debt service assessments previously levied by the District and due to be collected fur Fiscal Year 2023 Ploposed Schedule of AssessmeMe Product Typo FY 2023 Single Family 30'-39' S116 29 Single Family 50'-59' 5152,07 • Single Family 60'-69' S178.90 Single Family 70'-79' S196.79 Multi-Family 580 51 The tax collector oil collect the assessments pursuant to the uniform method The District may choose to collect the assessments lot developer owned land not pursuant to the uniform method Feline to pay the assessments collected by the Ten Collector using the uniform method will cause alas certificate In be issued against the properly which may result in a lax deed end loss of title For delinquent assessments that were initially direedy billed by the District.the District may initiate a loreclosure action or may place the delinquent assessments on the next year's county tax bil.All affected properly owners have the right to appear al the public hearings and the right to file written objections u nth the District within twenty(20)days of publication of this notice. The public hearings and meeting are open to the public and will be conducted in accordance with the provolone of Florida Law for Community Development Districts.The public hearings and meeting may be continued to a date.lime,end place to be specified on the record al the hearings or sleeting Any person requiring special eccommodalions at This meeting because of a disabiily or physical impairment should contact the District Office at(954)658.4900 at least Tony-eight(48)hours prior 10 ale meeting If you are hearing or speech inytaned please contact the Florida Relay Service by dialing 7-1-1.or 1-800.955.8771(rTY)/1-800-955-8770(Vocel for eta in contacting the District 011ice Each person who decides to appeal any decision made by the Board with respect to any master considered al the public hearings or meeting is advised that pet son will need a record of proceedings and that accordingly the person may need to ensure Thal a verbatim record oI the proceedings is made,including the testimony and evidence upon which such appeal is to be based Currents Community Development District James P.Ward,District Manager Publish Dated:07/17/2022 and 07/24/2022 \• ti i PROJECT • ' 14'J4] LOCATION • • • • • • • • kX CDD BOUNDARY ' CURRENTS IXIIIlll1 I-LOC:1110N AI AI'.1A,'WALD80P Manecolua • • I-N4:1\LI I41M': IAI LUIt h;O:tKISUc GI It•riiTtr5 INt 1611 MINUTES OF MEETING CURRENTS COMMUNITY DEVELOPMENT DISTRICT The continued Regular Meeting of the Board of Supervisors of the Currents Community Development District was held on Thursday, August 11, 2022, at 9:30 a.m. at the offices of Coleman,Yovanovich& Koester,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Brian Keller Assistant Secretary Clayton Wasson Assistant Secretary Tanya Holden Assistant Secretary Absent: Charles Cook Chairperson Trisha Sing Vice Chairperson Also present were: James Ward District Manager Andrew Gill Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Andrew Gill called the meeting to order at approximately 9:30 a.m. He noted this meeting was continued from the meeting held on August 4, 2022. He conducted roll call; all Members of the Board were present,with the exception of Supervisor Cook and Supervisor Sing, constituting a quorum. SECOND ORDER OF BUSINESS Notice of Advertisement Notice of Advertisement of the Public Hearing THIRD ORDER OF BUSINESS Consideration of Minutes July 14,2022—Regular Meeting Mr. Gill asked if there were any corrections, additions, or deletions from the Minutes; hearing none, he called for a motion. Wage 16I 1 Currents Community Development District August 11, 2022 On MOTION made by Mr. Brian Keller, seconded by Mr. Clayton Wasson, and with all in favor, the July 14, 2022 Regular Meeting Minutes were approved. FOURTH ORDER OF BUSINESS PUBLIC HEARING Mr. Gill explained the public hearing process including public comment, Board discussion and vote. He noted there were no changes to the budget since its previous presentation. a. PUBLIC HEARING—FISCAL YEAR 2023 BUDGET I. Public Comment and Testimony Mr. Gill called for a motion to open the Public Hearing. On MOTION made by Mr. Clayton Wasson, seconded by Mr. Brian Keller,and with all in favor,the Public Hearing was opened. Mr. Gill noted there were no members of the public present in person, or via audio or video;therefore, he called for a motion to close the public hearing. On MOTION made by Mr. Brian Keller, seconded by Mr. Clayton Wasson, and with all in favor,the Public Hearing was closed. II. Board Comment Mr. Gill asked if there were any Board comments or questions;there were none. III. Consideration of Resolution 2022-7 adopting the annual appropriation and Budget for Fiscal Year 2023 Mr. Gill called for a motion for Resolution 2022-7 relating to the annual appropriations, adopting the Budget for the Fiscal Year beginning October 1, 2022 and ending September 30, 2023. On MOTION made by Mr. Brian Keller, seconded by Mr. Clayton Wasson, and with all in favor, Resolution 2022-7 was adopted, and the Chair was authorized to sign. b. FISCAL YEAR 2023 IMPOSING SPECIAL ASSESSMENTS; ADOPTING AN ASSESSMENT ROLL AND APPROVING THE GENERAL FUND SPECIAL ASSESSMENT METHODOLOGY Mr. Gill indicated this public hearing was related to the imposition of the special assessments for the general fund, certification of an assessment roll, and approval of the special assessment methodology for the District. 2 } 16I1 Currents Community Development District August 11, 2022 I. Public Comment and Testimony Mr. Gill called for a motion to open the Public Hearing. l On MOTION made by Mr. Clayton Wasson, seconded by Mr. Brian Keller,and with all in favor,the Public Hearing was opened. Mr. Gill noted there were no members of the public present in person, or via audio or video;therefore, he called for a motion to close the public hearing. On MOTION made by Mr. Brian Keller, seconded by Mr. Clayton Wasson,and with all in favor,the Public Hearing was closed. II. Board Comment Mr. Gill asked if there were any Board comments or questions;there were none. III. Consideration of Resolution 2022-8 imposing special assessments, adopting an assessment roll,and approving the general fund special assessment methodology Mr. Gill indicated Resolution 2022-8 imposed the assessments, adopted the assessment roll, and approved the General Fund Special Assessment methodology. He called for a motion. On MOTION made by Mr. Brian Keller,seconded by Ms.Tanya Holden, and with all in favor, Resolution 2022-8 was adopted, and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Consideration of Resolution 2022-9 Consideration of Resolution 2022-9, a resolution of the Board of Supervisors of the Currents Community Development District designating dates, time, and location for regular meeting of the Board of Supervisor's for Fiscal Year 2022 Mr. Gill indicated the meeting schedule was set for the second Thursday of each month at 9:30 a.m. at the offices of Coleman, Yovanovich & Koester. He asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Clayton Wasson, seconded by Ms. Tanya Holden, and with all in favor, Resolution 2022-9 was adopted, and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS Consideration of Resolution 2022-10 Consideration of Resolution 2022-10, a resolution of the Board of Supervisors of the Currents Community Development District re-designating the officers of the Currents Community Development District 3Ii=` 16 I 1 Currents Community Development District August 11,2022 Mr. Gill indicated this Resolution designated the officers as follows: Mr. Cook as Chairman, Ms. Sing as Vice Chair, and the remaining Board Members as Assistant Secretaries. He asked if there were any questions; hearing none, he called for a motion. On MOTION made by Mr. Brian Keller, seconded by Mr. Clayton Wasson, and with all in favor, Resolution 2022-10 was adopted, and the Chair was authorized to sign. SEVENTH ORDER OF BUSINESS Staff Reports I. District Attorney No report. II. District Engineer No report. III. District Manager a) Landowners Election reminder November 1,2022,at 4:00 p.m. at this location No report. EIGHTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Gill asked if there were any Supervisor's requests;there were none. There were no members of the public present in person, by audio, or by video. NINTH ORDER OF BUSINESS Adjournment Mr.Gill adjourned the meeting at approximately 9:35 a.m. On MOTION made by Mr. Clayton Wasson, seconded by Ms. Tanya Holden,and with all in favor,the meeting was adjourned. Currents Community Development District kk / Charles Cook James .Ward,Secretary Charles Cook, Chairperson Signature: clef Cook is harles Cook(Nov 14,202214:42 EST) Email: chcook@taylormorrison.com Wage 16I 1 m\i_ t fi * ttlt �cthL PART OF THE USA TODAY NE TWORK Published Daily Naples, FL 34110 CURRENTS CDD 2301 NE 37TH ST CURRENTS COMMUNITY DEVELOPMENT DISTRICT FT LAUDERDALE,FL 33308-6242 NOTICE OF REGULAR MEETING NOTICE IS HEREBY GIVEN that the Meeting of the Currents Community Development District will be held at 10:00 AM on Affidavit of Publication Thursday, December 9, 2021 at the offices of Coleman, Yovanovich &Koester, 4001 larmami frail North, Suite 300, Na- STATE OF WISCONSIN pies Florida 34103. The locating is being held for the necessary COUNTY OF BROWN public purpose of considering such business as more fully identi- fied in the meeting agenda. a copy of which will be posted on the District's website at www.Currentsukl,org. Before the undersigned they serve as the authority, The purpose of this meeting is for the Board to consider any personally appeared said legal clerk who on oath says that business which may properly come before it. The meeting is he/she serves as Legal Clerk of the Naples Daily News, a open to the public and will he conducted in accordance with the provisions of Florida Law for Contniunity Development Dis daily newspaper published at Naples, in Collier County, tricts. The meetings may be cancelled or continues In a date, Florida; distributed in Collier and Lee counties of Florida; time and location specified on the retard at the meeting. that the attached copy of the advertising was published in A copy of the agenda for the hearing and meeting may be said newspaper on dates listed. Affiant further says that the ob- tained seven (7) days prior to the meeting at the offices of the District Manager, located at 2301 Northeast 37th Street, Fort said Naples Daily News is a newspaper published at Lauderdale, Florida 33308, Ph: (954) 658-4900, during normal Naples, in said Collier County, Florida, and that the said business hours,or on the Districts website at www currentscdd.a rg. newspaper has heretofore been continuously published in said Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact Collier County,Florida;distributed in Collier and Lee the District Office at (954) 658-4900 at least forty-eight (48) counties of Florida,each day and has been entered as hours prior to the meeting. If you are hearing or speech im- paired. please contact the Florida Relay Service at (800) 955- second class mail matter at the post office in Naples,in 8770 for aid in contacting the District Office. said Collier County,Florida,for a period of one year next In accordance with the provisions of the Americans with Disabil- preceding the first publication of the attached copy of dies Act,any person requiring special accommodations or an in advertisement;and affiant further says that he has neither terpreter to participate at this meeting should contact the District Manager by telephone at (954) 658-49011 at least seven paid nor promised any person,or corporation any discount, (7) days prior to the date of the particular meeting. Tnwaccl rebate,commission or refund for the purpose of securing that end, anyone wishing to listen and participate in the meet ing can do so by connecting to a link that will be posted on the this advertisement for publication in said newspaper District's web site-www Currentscctd.org issue(s)dated: If any person decides to appeal any decision made with respect to any matter considered at this meeting, such person will need a record of the proceeding and such person may need to insure that a verbatim record of the proceeding is made at their own Issue(s)dated:11/28/2021 expense and which record includes the testimony and evidence ; �/ on which the appeal is based. d-D_{.A.A.Ad2e30 -J James P.Ward District Manager Currents Community Development District Subscribed and sworn to before on November 29.2021: Publish Date 11/28/2021 #5018225 Notary,State of County of Brown My commission expires Publication Cost:$371 00 Ad No:0005018225 Customer No: 1387852 K AT H L E E N A L L E N It PO4: Public Notary #of Affidavits 1 State of Wisconsin This is not an invoice Air 16I.1.11\aptrii1aiL ;ruts PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 CURRENTS CDD 2301 NE 37TH ST FT LAUDERDALE, FL 33308-6242 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate,commission or refund for the purpose of securing this advertisement for publication in said newspaper issue(s)dated or by publication on the newspaper's website, if authorized,on Issue(s)dated: 04/10/2022 Subscribed and sworn to before on April 10,2022: Notary, State of WI, C my of Brown My commission expires Publication Cost:$322.00 Ad No: 0005199603 K AT H L E E N A I_L E N Customer No: 1387852 Notary Public PO#: #ofAffidavitsl State of Wisconsin _�,This is not an invoice NOTICE OF REGULAR MEETING OF THE BOARD OF i 6 ' 1 SUPERVISORS OF THE CURRENTS COMMUNITY DEVELOPMENT DISTRICT NOTICE IS HEREBY GIVEN that the Meeting of the Currents Community Development District will be held at 2:30 PM on Friday, April 22, 2022, at the offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300,Naples Florida 34103. The purpose of this meeting is for the Board to consider any business which may properly come before it.The meeting is open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts.The meetings may be cancelled or continues to a date, time and location speci- fied on the record at the meeting. A copy of the agenda for the hearing and meeting may be obtained seven (7) days prior to the meeting at the offices of the District Manager, locat- ed at 2301 Northeast 37th Street, Fort Lauderdale, Flori- da 33308, Ph: (954) 658-4900, during normal business hours, or on the Districts website at www.currentscdd.org. Any person requiring special accommodations at this meet- ing because of a disability or physical impairment should contact the District Office at (954) 658-4900 at least forty— eight (48) hours prior to the meeting. If you are hearing or speech impaired, please con- tact the Florida Relay Service at (800) 955-8770 for aid in contacting the District Office. In accordance with the provi- sions of the Americans with Disabilities Act, any person re- quiring special accommoda- tions or an interpreter to par- ticipate at this meeting should contact the District Manager by telephone at (954) 658- 4900 at least seven (7) days prior to the date of the partic- ular meeting. Toward that end, anyone wishing to listen and participate in the meet- ing can do so by connecting to a link that will be posted on the District's web site: www.0 urrentscdd.org If any person decides to ap- peal any decision made with respect to any matter consid- ered at this meeting, such per- son will need a record of the proceeding and such person may need to ensure that a verbatim record of the pro- ceeding is made at their own expense and which record in- cludes the testimony and evi- dence on which the appeal is based. James P.Ward District Manager Currents Community Develop- ment District Publish:04/10/2022 #5199603 4 ` Nrui _ t 16I1 PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 CURRENTS CDD 2301 NE 37TH ST FT LAUDERDALE, FL 33308 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 6/19/2022;6/26/2022 Subscribed and sworn to before on June 26th,2022 otary. ate of . ounty row!r My commis n hires NANCY HEYRMAN PUBLICATION COST:$2,620.80 Notary Public AD NO: GCI0899129 State of Wisconsin CUSTOMER NO:364874 [ �r+� POtl:PUBLIC NOTICE AD SIZE: DISPLAY AD NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2023 BUDGETS; AND NOTICE OF PUBLIC HEARING TO CONSIDER THE IMPOSITION AND LEVY OF MAINTENANCE AND OPERATION SPECIAL ASSESSMENTS;ADOPTION OF AN ASSESSMENT ROLL,AND THE USE OF THE UNIFORM COLLECTION,AND ENFORCEMENT i OF THE SAME;AND NOTICE OF REGULAR BOARD OF SUPERVISORS'MEETING. -I he Board of Supervisors for Currents Community Development District will hold two public hearings and a regular meeting on July 13, 2022, at 2:30 p.m. at the offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300, Naples Florida 34103. The meeting is being held for the necessary public purpose of considering such business as more fully identified in the meeting agenda,a copy of which will be posted on the District's website at www.cuireniscdcl.org. The purpose of the first public hearing is to receive public comment and objections on the Fiscal Year 2023 Proposed Budgets.The first public hearing is being conducted pursuant to Chapter 190,Florida Statutes.The purpose of the second public hearing is to consider the imposition of special assessments to fund the District's proposed operation and maintenance budget for Fiscal Year 2023 upon the lands located within the District,a depiction of which lands is shown below,consider the adoption of a cap rate for notice purposes only and to consider the adoption of an assessment roll,for the uniform collection,and enforcement of the assessments. The second public hearing is being conducted pursuant to Florida law including Chapters 190 and 197,Florida Statutes. At the conclusion of the public hearings,the Board will,by resolution, adopt the budgets and levy assessments to fund the operation and maintenance budget as finally approved by the Board. A regular board meeting of the District will also be held where the Board may consider any other business that may properly come before it. A copy of the proposed budgets,preliminary assessment roll,and the agenda for the hearings and meeting may be obtained at the offices of the District Manager,Ph:(954)658-4900,during normal business hours or on the District's web site www.currentscdd.ona at least seven(7)days in advance of the meeting In addition, you may obtain a copy of the proposed budget on the District's web site: www.curr ntscdiJ_cgg immediately. The special assessments are annually recurring assessments and are in addition to previously levied capital debt assessments The table below presents the proposed schedule of operation and maintenance assessments for Fiscal Year 2023 Amounts are preliminary and subject to change at the hearing and in any future year. The amounts are subject to early payment discount as afforded by the uniform collection law. Note that the operations and maintenance assessments stated below do not include any debt service assessments previously levied by the District and due to be collected for Fiscal Year 2023. Proposed Schedule of Assessments Product Type FY 2023 Single Family 30'-39' $116.29 Single Family 50'-59' $152.07 Single Family 60'-69' $178.90 Single Family 70'-79' $196.79 Multi-Family $80.51 The tax collector will collect the assessments pursuant to the uniform method. The District may choose to collect the assessments for developer owned land not pursuant to the uniform method. Failure to pay the assessments collected by the Tax Collector using the uniform method will cause a tax certificate to be issued against the property which may result in a tax deed and loss of title. For delinquent assessments that were initially directly billed by the District,the District may initiate a foreclosure action or may place the delinquent assessments on the next year's county tax bill. All affected property owners have the right to appear at the public hearings and the right to file written objections with the District within twenty(20)days of publication of this notice. The public hearings and meeting are open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts.The public hearings and meeting may be continued to a date,time,and place to be specified on the record at the hearings or meeting. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at(954)658-4900 at least forty-eight(48) hours prior to the meeting If you are hearing or speech impaired,please contact the Florida Relay Service by dialing 7-1-1,or 1-800-955-8771 (TTY)/1-800-955-8770(Voice),for aid in contacting the District Office. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the public hearings or meeting is advised that person will need a record of proceedings and that accordingly,the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Currents Community Development District James P.Ward,District Manager Publish Dated:06/19/2022 and 06/26/2022 T • • •fi d To dasslflads.naplesnews.com 6 I 1 ' 1 ClassifiedsPhenlcless7rsITea 1 111 I 1 Classadvertises Entaivisit. 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W7-0N{ap ,earn Yamrn.mr,r oil more including 2 high end BR es a 4 Mafia ling Spec,al.p 1.101.0.11 0II Uo00ul sots.Mus15e111 f3lOD.OaO. ��Wanted to airy ati'�: t •'..:110511•: in tool.fl le gtm data oat 'lapelE S MIlls1,MO,0 VIECKS - 239-333.6535 Muss Seel' - lit.!OWN. 9'e al loin ,bri.<unp anry,toes' +NOM a WAt rH CMIdKAR -- ---- - Pen,Curio wo,ron with nrenaesa mein old Announcements YE/MEWL rOe moo BUNK BEDS-Dark solid Wilton 00brr,9 turnlo'aus U r reln,mM no am POLVtc11411en111a Ye,.area came t wee ,- -___ wood wnn„loess a matching L nod rosegcompinr mimeo a an Pl5F9,w\ C yy e.t We,led-MvCmel bolding'sadrs'ebu bat l date mw dim f66.P9 beach road being completed n or.Ago l olON root watt,Nolo M''ro6o Bay, eiwnwd forgo d Aymn• ran J39-71-i315 Pools!Andre-soot Nrpkr also won.239 35Zg75a nalnle a'eeesegrt Olds n01P1 It newt Se irMuk 7 even Mel Scorn rot ,.._ real ratoinw soling (e ) I.ands dace on ant : .Hors llama. sums am VD Pr.....not.,9 to ssullm stew eyf a wee a{fir AT•'9a'"'r•'�'P'•a T �w'w^�—r ran wad valw..dd...'Bien, .s.demure n Sash nog re Vane, ems t 01,OW e 5 set p Mom Weaaeaase.sMsAaewe W s,cwemse tri'newec ...win leaFOcllnSSOe kp•cnsl,,ll]'JlSrstl rl ._-_.- !oatefkl .lean R rn'newer Mr,n Starl.I yf lass ro-PMs .4=•e.P• 3.50opu 6I0 MG.Ia s rhait rvron Bret,Kndatolo, uW MI or 1-Newe a�iw�col rw..su.re f WitCh.1(235)450-nIla ©nMpwolul o htttl ihewn,s,floras loras 14011 leerr l'LlAe.\Ms ,•�'. In Mensal WMch.1239)a5p.4t! _._—_— ."'— t 1,Maples I W W Niea .aB. i .IRno 041. .rya (RP Public Notice '� Public Notices -+ Public Notices WWheth imeation IIAVANESE PUPPIES-Home GNRRE_f_TE GOMMVNTYPESIELOPMEHTDfgTRIGT Raised ARC,Best Health! 1635 NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2029 O f111dy111D next car here Store 1nshall9961 leark Ions Find W.OW or heat! VwtnahJlnlerLmm LEVYBUDGETS,P AND NOTICE OF PUBLIC HEARING TO CONSIDER THE IMPOSITIONDOPTONAND LEVY OF MAINTENANCE AND OPEMT/ON SPECIAL ASSESSMENTS;ADOPTION OF AN 60 N /0 N ASSESSMENT ROLL,AND THE USE OF THE UNIFORM COLLECTION,AND ENFORCEMENT Ode%ii'.//at OF THE SAME:AND NOTICE OF REOEAM BOARD OF SUPERVISORS!MEETING. Seeking a full time V .2'Smdda. 11q oJte 13,0= Development ep District hearings and regular n July 22et :ao 0.ci noc public el MAINTENANCE MANAGER Maltese Puppies Yovanovich a Koester,4001 Tamleml Toll North,Suite 300,Naples Florida 34103 The 6 Os old, .-vet c orlede meeting Isbeing held foe the consideringnecessary public purpose of considering such business a more for a hegMise condominium on Marco Island _ Noy Idnllasd In gin meeting agenda,a copy of which will be posted on the District's website e Maltese Puppies SYNY.CSIDe.nC06ag.R Monday-Friday 7;00a.m:3:3Op.m. ARC Pun bred.3 Females The purpose of the NSI public h•ar g is Io,.tees pubic comment and objections on 1 Male 6 weeks on W23 Vet the Fiscal Year 2023 Proposed Budgets.The era public hawing I.being conducted pvawnl rents Option to live on premises on wooing sseda ls^edysyo u n 6/231 to Chapter 190,Florida Statutes The purpose of the second public heating Is 10 C01Wdet the em Must be able to do basic repairs and se5a3e4063 Imposition of special aaaasrMns to fund the Dhfrki's proposed opeuan end maintenance preventative maintenance;change lights, Yehmire,eerier I weeks. budge Io Fiscal Yaw 2023 upon me lands looted within the District,a depiction of which lands e CKC rig,Bop shot, is shown below, elder the adoption of a cap rale for nodes purposes only and to coMider the painting,pressure washing,etc I dewstred,parenn on Ole adoption of an assessment rod,or the uniform collection,and enlacement of the assessments 2 main available info The second public hearings being conducted purswnl to Florida law Including Chapters 190 if inlemsted,P435e caU2)g(y2•aB72 _ D_H)227.5911 51,300 _ aod'97,Florida Statutes Althe conclusion of the public hearings,the BosBoniwill,by resolution, Ce email your,esume to tomespinmk -aym- mt ism Asd_ _---,knotted- es adopt the budgets and levy seurnens to hand the opmaintenancen and maintenance budget as holy - "-'-- approved by the Board �Ms.��1�- ��)) �77/'� A nguler bond meeting of the District will also be held where the Board may consider any �(is�` CRAIG 1 .Nat IIhntEEZI other business that may properly come before It I A copy of the proposed budges,preliminary eeeaemnl roll.and the agenda for the herrings HOME FURNISHINGS 1 `i.A3,11gw Cde[LOies end resoling maybe obtained at the oi5cea of the District Monger,Ph:(954)65B-4900,during normal bodiless noun or on the District%wab eta vise surionlu,Muea M lean Orion(7)days Now hiring for a Full-Time or Part-Timel ,Hats careman 7 Dow In advance or the masers Wooden loeWr:Excellent In eddklon,you may obtain a copy of ma proposed budget on the District's web etcCone$375 239 911437S SALESPERSON! A NEW ENG AND Collector aTY a . knmed'aa N. The special asseesm BA annually recurring assessments end an In addition to prwleusly sons m buy al types of levied capital debt auasvrrnls The table below presents the proposed schedule of°negatin I 1 a e M ntiq!ses aelore yes and menlenance osesaroants far Fiscal Yaw 2023 Amounts are plWminry and subject to ••Hiring Bonus Included!!"• rllsion you may End opldn,you may be change•I the hearing and in my future year TM amounts we ahµrt to early payment discount pleasndyy surprised esamodrn by PoonrimmrwanyBo Ica fits lhat manmapwlond mnnlan n"..011-:swot Family owned end operated since 2002,Alison Craig Bog-21F56n staled below do not include any debt service assessments previously levied by the District and Home Fund.Nngs Is looking for a Full-Time S0esoerson. des to be collected to Fiscal V.r 2023 ANTIQUES a ART WANTED Prepared Schinkin oFAe..esmmh Position includes: Courteous Palm leek •MWl experience preened seeks:(Nobly Pvorue tyre PT NM •Fat paced environment Paintings sculpture,glass Single Family 30'-09' si lsoS •Looking for outgoing.enthusiastic gown poulain,silver,waltneL Single Family 50'-59' 515207 •Maintains a positive and motivated attitude Jewelry,Tills ny,Cartier, •Job will regwre .:.coin cussmm�WWII n M•r-seem modem erg.Picasso,Warhol Single Family 60'-B9' S17B 90 •ON SITE TANNING old nsasten,Chinese Single Family 70'-79' S19679 •Selma Bonuses Offered antiques jade,bronze. •Flexible schedule etc.1561)601-0222 Multi-Family SSO 51 •Non-commissioned sales CO Mew Celina A•3arte The tam collector will collect the assessments pursuant to the uniform method The D{sirkt •Hieing Bonus dread at signing$5001' W d•Went I Cast may choose to collect O e assessments to developer owned land not pursuant to the uniform •Very generous pay raise with great enilude geld t o 4041 Method and.pelance Failure to pay the assessments collected by the Tax Collector using the unlloo n method will •Great Hearin Benefits i Cemetery lots cause al4 certificate to be issued against the progeny which may result in•las deed end loss of •Pay lime off/Paid Vecstion tills For delinquent assessments deal were initially directly billed by the District,the Dlslrkl may •Egual Opportunity Employer Naple>Memor,al 6ardns Initiate a foreclosure action or may the t assessments n the not Ppo Y p vim, 2 angle mines I only for Y pace delinquent yarn cony Cremation)Hope ChapM sea bill NI affected lamPery waters have the right to appar a1 the public hearings and the right Pints send resume*to:eii*oneretghom•Roomos.nal ranqudi y N„110 a I1.Call d Ile written otlecllos with Ire Dslr cl within twenty(20)days of publication of this notice T �elky IJ9-32 350f The public heannge and meeting are open to the public and will be conducted in accordance f-'. ' - with the provisions d Florid.Lew lot Community Development Ostrich The public hearings and meeting may be continued to a date,lime,red pace to be specified on the'word a1 Ise hearings +05 .N 'i: r of maanng _ r ,;. J•�•^ My pawn nospecaccommodationskg special accommodations at Isis meeting because of a disetallty or�' ; - hours prior o the t shoulddlcomel District Office at ry5.)650-a000 a1 least lorry-eight µ Y rtwalk,g you an hearing or speedo Impaired,please cnacm the Florida Rota 5 +a ` , t v Semite by dialing 7.1.1,0 1.800.935-0771 iTTy1 I 1-B00-955-0770(Voice)to aid in connecting 1. 'I i Ide Owtrat Office \ ' Each person who decides to appeal any decision made by the Bard with!aspect la any • •• meRr considered al Me public a ofenb c hrings meeting is advised m ewilld at person w need•reso of , ,, }•- f ^_ . M proceedings and m ad at padingy,the person may nod to ensure mat a veba0mead m o11M y proceedings Is Trade,Including the testimony and widnce upon which such appear is to be a based P`/ ; Currents Community Development District {. James P.Wad,District Manager Publish Dated 06,1012022 end 00124/2022 Earn$15K Sign On Bonus and Up T To$20K Student Loan Repayment Physician's Regional is a growing healthcare system that is known la out cardiac '—- :46 and orthopedic programs Toil be part eta team wild physicians.nurses.and other healthcare professionals that promotes a culture d empathy and innovation.You develop new ideas and solutions to challenges and we'll listen and coNaborate with you to make them a reality Spend your working hours in beautiful Naples,FL with us We can't wait to have you join your second family) O.1k. � Positions available in all [.Plu`Tal„si H R,tcau)dnt specialties and locations. Learn More: ,, a.- KC= 4k. 1611 apirs Battu ?ruts PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 CURRENTS CDD 2301 NE 37TH ST NOTICE OF ANNUAL MEETINGS FT LAUDERDALE,FL 33308-6242 CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Fiscal Year 2023 Regular Meetings of the Board of Supervi- sors of the Currents Community Development District, which Affidavit of Publication covers the period October 1,2022,through September 30,2023, are scheduled to be held at 9:30 A.M.on the second Thursday of STATE OF WISCONSIN each month, at the offices of Coleman, Yovanovich & Koester, COUNTY OF BROWN P.A.,4001 Tamiami Trail North, Suite 300 Naples, Florida 34103, on the following dates: Before the undersigned they serve as the authority, October 13,2022 November 10,2022 December 8,2022 January 12,2023 personally appeared said legal clerk who on oath says that February 9,2023 March 9,2023 he/she serves as Legal Clerk of the Naples Daily News, a April 13,2 May 1 , 2023 June 8,20233 July 13,2023 daily newspaper published at Naples, in Collier County, August 10,2023 September 14,2023 Florida; distributed in Collier and Lee counties of Florida; The meetings are open to the public and will be conducted in that the attached copy of the advertising was published in accordance with the provisions of Florida Law for Community said newspaper on dates listed. Affiant further says that the Development Districts. A copy of the agenda for each meeting may be obtained from the office of the District Manager, said Naples Daily News is a newspaper published at JPWard &Associates LLC, 2301 NE 37th Street, Fort Lauderdale, in said Collier County, Florida, and that the said Florida 33308(Phone 954 658 4900)at least seven(7)days in ad- Naples, vance of the meeting. In addition, the Agenda's will be posted newspaper has heretofore been continuously published in on the District's web site at www.currentscdd.org said These meetings may be cancelled nr continued to a date, time Collier County,Florida;distributed in Collier and Lee and location specified on the record at the meeting. counties of Florida,each day and has been entered as In accordance with the provisions of the Americans with Disabil- second class mail matter at the post office in Naples,in ities Act,any person requiring special accommodations or an in- said Collier County,Florida,for a period of one year next terpreter to participate at these meetings should contact the District at(954)658-4900, at least five(5)days prior to the date preceding the first publication of the attached copy of of the meetings. If you are hearing or speech impaired, please advertisement;and affiant further says that he has neither contact the Florida Relay Service at 1-800-955-8770, for assis- tance in contacting the District Office. paid nor promised any person,or corporation any discount, rebate,commission or refund for the purpose of securing If any person decides to appeal any decision made with respect to any matter considered at these board meetings, such person this advertisement for publication in said newspaper will need a record of the proceedings and such person may issue(s)dated or by publication on the newspaper's need to ensure that a verbatim record of the proceedings is made at their own expense and which record includes the testi- website,if authorized,on mony and evidence on which the appeal is based. Currents Community Development District James P.Ward,District Manager Issue(s)dated:09/04/2022 Sept 4,2022 #5385945 Subscribed and sworn to before on September 6,2022: Notary,State of WI,Count of Brown 1 q. r My commission expires Publication Cost:$336.00 V I C KY FELT-7-1 Ad No:0005385945 Notary F't l b l i c Customer No:1387852 State of Wisconsin PO#: #of Affidavits. 1 This is not an invoice 16 I l Publication Date 6/26/2022 Ad Number GC10899129 Publication Naples Daily News Market Naples Delivery Method Email Number of Affidavits Needed 1 Customer Name Currents CDD Customer Phone Number (951) 658-4900 Customer Address 2301 NE 37Th ST Ft Lauderdale, FL 33308-6242 Account Number (If Known) AP-364874 Customer Email coridissinger@jpwardassociates.com Your Name Marita Froimson Email Address mfroimson@gannett.corn . te 1 I Nap1rIai1LJ \rtu PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 CURRENTS CDD 2900 NE 12TH TER#1 OAKLAND PARK,FL 33334-4447 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission tli1 refund for the purpose of securing this advertisement Inr4utdlrcahon in the said newspaper. Puhlislied:'Se l 27 2019, October 4,2019 d Subscribed and sw m i to before December 6,2019: ..,— 62A.cL.YYL uvvcfc.AorL-`� Notary,State of WI,County of Brown 1 TARA MOND LOCH Notary Public State of Wisconsin My commission expires August 6,2021 Publication Cost:$2,548.00 Ad No:0003782036 Customer No:1367852 PO#: ADV Res 2019-18 This is not an invoice WHEREAS,the Currents Community Development District ("Ms- 16 I 1 trill") is a local unit of special-purpose government organized and existing under and pursuant to Chapter 190, Florida Stat- utes;and WHEREAS, the District is authorized by Chapter 190, Florida Statutes, to finance, fund, plan, establish, acquire, install, equip. operate, extend, construct, or reconstruct roadways, sewer and water distribution systems.slormwater management/eadhwork improvements, landscape, Irrigation and entry features, conser- vation and mitigation, street lighting and other infrastructure projects, and services necessitated by the development of, and serving lands within,the District;and WHEREAS,the District hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire. operate, and/or maintain the infrastructure im- provements and the acquisition of certain related interests In and ("Project")described in the District's Master Engineer's Re• port prepared by Waldrop Engineering, Inc.dated August. 2019 which is attached hereto as Exhibit A and incorporated herein by reference:and WHEREAS,it Is in the best interest of the District to pay for ail or a portion of the cost of the Project by the levy of special as- sessments("Assessments"), using the methodology set forth in that Master Special Assessment Methodology, dated September 11, 2019 which is attached hereto as Exhibit B, incorporated herein by reference, and on file with the District Manager at do JPWard 8 Associates LLC.2900 Northeast 12th Terrace, Suite 1, Oakland Park,Florida 33334.( "District Records Office');and WHEREAS, the District is empowered by Chapter 190, the Uni- form Community Development District Act, Chapter 170. Sup• elemental and Alternative Method at Making Local Municipal Improvements, and Chapter 197, the Uniform Method far the Levy, Collection and Enforcement of Non-Ad Valorem Assess ments, Florida Statutes. to finance. fund, plan, establish, an quire, construct or reconstruct, enlarge or extend, equip, ooilper ate, and maintain the Project and to impose, levy and collect the Assessments; NOW,THEREFOREBE IT RESOLVEDBY THE BOARD OF SUPER VI SORS OF THE CURRENTS COMMUNITY DEVELOPMENT DISTRIC Section 1.AUTHORITY FOR THIS RESOLUTION;INCORPORATIOP OF RECITALS.This Resolution is adopted pursuant to the provi- sions of Florida law, including without limitation Chapters 170, 190 and 197, Florida Statutes. The recitals stated above are in- corporated herein and are adopted by the Board as true and correct statements. Section 2.DECLARATION OF ASSESSMENTS.The Board hereby declares that it has determined to make the Project and to de- fray all or a portion of the cost thereof by the Assessments. Section 3.DESIGNATING THE NATURE AND LOCATION OF IM- PROVEMENTS. The nature and general location of, and plans and specifications for, the Project are described in Exhibit A, which is on file at the District ecords Office Exhibit B is also on file and available for public inspection at the same location Section 4.DECLARINGTHE TOTAL ESTIMATED COST OF THE IM- PROVEMENTS,THE PORTION TO BE PAID BY ASSESSMENTS AND THE MANNER AND TIMING IN WHICH THE ASSESSMENT ARE TO BE PAID. A.The total estimated cost of the Project is$76,253,138 67 ("Es- timated Cost"). B. The Assessments will defray approximately $90,620.000.00. which is the anticipated maximum par value of any bonds and which includes all or a portion of the Estimated Cost as well as other financing-related costs, as set forth in Exhibit B, and which is in addition to interest and collection costs. C.The manner in which the Assessments shall be apportioned and paid is set forth in Exhibit B,as may be modified by supple- mental assessment resolutions. The Assessments shall be paid in not more than (30) thirty yearly installments The Assessments may be payable at the same time and in the same manner as are ad-valorem taxes and collected pursuant to Chapter 197, Florida Statutes; provided, however, that in the event the uni- form non ad-valorem assessment method of collecting the As- sessments is not available to the District in any year, or if deter- mined by the District to be in its best interest, the Assessments may be collected as is otherwise permitted by law, including but not limited to by direct bill The decision to collect special as sessments by any particular method e.g., en the tax roll or by direct bill -does not mean that such method will be used to col- lect special assessments in future years,and the District reserves the right in its sole discretion to select collection methods in any given year,regardless of past practices Section 5.DESIGNATING THE LANDS UPON WHICH THE SPECtAI ASSESSMENTSHALL BE LEVIED.The Assessments securing the Project shall be levied on certain lots and lands within the District, as described in Exhibit B,and as further designated by the assessment plat hereinafter provided for Section 6.ASSESSMENTPLAT. Pursuant to Section 170 04, Flori- da Statutes there is nn tile at the District Records Office an as- ill 1 sessment plat showing the area to he assessed,with certain ' plans and specdications describing the Project and the estimat- ed cost of the Project, all of which shall he open to inspection by the public. Section 7.PRELIMINARYASSESSMEN1ROLL.Pursuant to Section 170.06, Florida Statutes, the District Manager has caused to be made a preliminary assessment roll. in accordance with the method of assessment described in Exhibit B hereto, which shows the lots and lands assessed,lhe amount of benefit to and the assessment against each lot or parcel of land and the num- ber of annual installments into which the assessment may be divided, which assessment roll is hereby adopted and approved as the District's preliminary assessment roll. Section 8-PUBLICHEARING DECLARED;DIRECTIONTO PROVIDE NOTICE OF THE HEARING. Pursuant to Sections 170.07 and 197.3632(4)(b), Florida Statutes, among other provisions of Flori- da law, there is hereby declared a public hearing to be held as follows: NOTICE OF PUBLIC HEARING DATE: October 14,2019 TIME: 11:00 A.M. LOCATION: Coleman,Yovanovich&Koester 4001 Tamiami Trail North, Suite 300 Naples,Florida 34103 The purpose of the public hearing is to hear continent and ob- jections to the proposed special assessment program for District improvements as identified in the preliminary assessment roll, a copy of which is on file and as set forth in Exhibit B. Interested parties may appear at that hearing or submit their comments in writing prior to the hearing at the District Records Office. Notice of said hearing shall be advertised in accordance with Chapters 170. 190 and 197, Florida Statutes, and the District Manager is hereby authorized and directed to place said notice in a newspaper of general circulation within Collier County (by two publications one week apart with the first publication at least twenty (20)days prior to the date o1 the hearing establish- ed herein) The District Manager shall tile a publisher s affidavit with the District Secretary verifying such publication al notice. The District Manager is further authorized and directed to give thirty (30)days written notice by mail of the time and place of this hearing to the owners of all property to be assessedend In- clude in such notice the amount of the assessment for each such property owner, a description of the areas to be improved and notice that information concerning all assessments may be as- certained at the District Records Office. The District Manager shall file proof of such mailing by affidavit with the District Sec- retary. Section 9.PUBLICATION OF RESOLUTION. Pursuant to Section 70.05. Florida Statutes, the District Manager is hereby directed to cause this Resolution to be published twice (once a week for two (2)weeks) in a newspaper of general circulation within Col tier County and to provide such olhei notice as may be required by law or desired in the best interests of the District Section 10. CONFLICTS.All resolutions or parts thereof in con- flict herewith are, to the extent of such conflict, superseded and repealed. Section 11. SEVERABILITY.If any section or part of a section of this Resolution be declared invalid or unconstitutional, the val- idity, force, and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired un- less it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitu- tional Section 12.EFFECTIV®ATE. This Resolution shall become effec- tive upon its adoption PASSED AND ADOPTED this 11th day of September,2019. Currents Community Developinunl District James P Ward,District Manager Sept 27;Oct 4,2019 #3782036 tell ivaptesBaritiArms PART OF THE USA TODAY NET WORK Published Daily Naples, FL 34110 CURRENTS COD 2900 NE 12TH TER# 1 CURRENTS COMMUNITY DEVELOPMENT DISTRICT OAKLAND PARK, FL 33334 4447 NOTICE OF REGULAR MEETING NOTICE IS HEREBY GIVEN that the Regular Meeting of the Cur- rents Community Development District will be hela at 11!00 Affidavit of PublicationA.M.AM on Tuesday. July 21. 2020 at the offices of Coleman, STATE OF WISCONSIN Yovanovich &Koester, 4001 Tamiami Trail North, Suite 300, Na- ples Florida 34103, Consistent with recent Executive Orders, COUNTY OF BROWN there will not be any Supervisors or staff physically present at a specific meeting location for this meeting. The meeting is being Before the undersigned they serve as the authori held for the necessary public purpose of considering such bust ty ness as more full identified in the meeting agenda, a copy of whicpersonally appeared said legal clerk who on oath says that dd org will be posted on the District's website at www.Currentsc he/she serves as Legal Clerk of the Naples Daily News, a dail newspaper With the State of Emergency 0-6 , in Florida.and pursuant to Execu- daily Ypublished at Naples, in Collier County, tive Orders 20-52, 20-69, 20-112, 20-114. and 20.150 issued by Florida; distributed in Collier and Lee counties of Florida; Governor DeSantis on March 9,2020. March 20, 2020.y April 29, that the attached copy of the advertising was published in suant oaSection220.54(S)9b)2.0. and June Florida, Statutes, this and Said newspaper on dates listed. Affiant further says that the will be held utilizing communication media technology due to said Naples Daily News is a newspaper the current COVID-19 public health emergency. published at Naples, in said Collier County, Florida, and that the said The purpose of this meeting is for the Board to consider any newspaper has heretofore been continuously published in ouen to theich may properly come before it. The meeting is Said P public and will be conducted in accordance with the provisions of Florida Law for Community Development Dis- tricts. The m be tancelled or continues to Collier County. Florida; distributed in Collier and Lee time and location pee fied on the record at the meeting. a date, counties of Florida, each day and has been entered as A copy of the agenda for the hearing and meeting may be ob- second class mail matter at the post office in Naples, in rained at the offices of the District Manager, located at 2900 Northeast loth Terrace, Suite 1, Oakland Park, Florida 33334, said Collier County, Florida, for a period of one year next preceding the first Ph:(954)658-4900,during normal business hours publication of the attached copy of advertisement; and affiant further says that he has neither Any person requiring special accommodations at this meeting paid nor promised an any because of a disability or physical impairment should contact Y person, or co oration discount, the District Office at (954) 658 4900 at least forty eight (48) rebate, commission Of refund for the purpose of securing hours prior to the meeting, if you are hearing or speech im- this advertisement for publication in the said news a paired, please contact the Florida Relay Service at (800) 955- paper. 8770 for aid in contacting the District Office. Published:07/14/2020 In accordance with the provisions of the Americans with Disabil- ities Act,any person requiring special accommodations or an in- ti,_.r= — terpreter to participate at this meeting should contact the District Manager by telephone at (954) 658-4900 at least seven (7) days prior to the date of the particular meeting. Toward that end, anyone wishing to listen and participate in the meet- ing can do so by connecting to a link that will be posted on the Subscribed and sworn to before on July District's web site:www.Currentscdd.org If any person decides to appeal any decision made with respect to any matter considered at this meeting, such person will need a record of the proceeding and such person may need to insure PM,..t-r. 1 vl ur\r 0.t ix I,-\ that a verbatim record of the proceeding is made at their own expense and which record includes the testimony and evidence Notary,State of WI,County of Brown on which the appeal is based. r James P.Ward I rAit/1 tv1DNI)LOCtI District Manager t N n l rt r y Nu b l i Currents Community Development District ii td1H of VVlsconsln Pub Date:July 14,2020 44279603 My commission expires August 6,2021 Publication Cost: $434.00 Ad No:0004279603 Customer No: 1387852 PO#: #of Affidavits 1 This is not an invoice 4 16 1 . NapLr Napirs BattuAleut PART OF THE USA TODAY NE TWORK Published Daily Naples, FL 34110 CURRENTS COD 2900 NE 12TH TER#1 CURRENTS COMMUNITY DEVELOPMENT DISTRICT OAKLAND PARK, FL 33334-4447 (Hereinafter called"District") REQUEST FOR PROPOSALS The CURRENTS Community Development District is requesting Affidavit of Publication proposals from qualified firms of certified public accountants, li- censed to practice in the State of Florida, to audit its financial STATE OF WISCONSIN statements for the fiscal year ending September 30,2020 and in COUNTY OF BROWN the sole and absolute discretion of the District for each fiscal year thereafter through September 30.2024. There is no expressed or implied obligation for the District to re- Before the undersigned they serve as the authority, imburse responding firms for any expenses incurred in prepar- personally appeared said legal clerk who on oath says that ing proposals in response to this request. he/she serves as Legal Clerk of the Naples Daily News, a Sealed technical and dollar cost proposals will be received by daily newspaper published at Naples, in Collier County, the District Manager's office until 11:00 a.m.,on May 28.2020, located at 2900 Northeast 12th Terrace. Suite 1, Oakland Park.Florida; distributed in Collier and Lee counties of Florida; Florida 33334.Proposals received after this time will be returned that the attached copy of the advertising was published in unopened. said newspaper on dates listed. Affiant further says that the The Proposer shall submit a sealed and clearly marked envelope said Naples Daily News is a newspaper published at that includes both a pdf file along with seven (7)printed Tech- in said Collier County, Florida, and that the said Tech- nical and Dollar Cost Proposals to be marked as follows: "CUR- Naples, RENTS Community Development District, Professional Auditing newspaper has heretofore been continuously published in Services Proposal." said The Technical and Dollar Cost Proposal will be opened in the Of- Collier County, Florida; distributed in Collier and Lee fice of the District Manager at 11:00 a.m.,on Thursday, May 28, counties of Florida, each day and has been entered as 2020- second class mail matter at the post office in Naples, in Proposals submitted will be evaluated by a five(5)member Au- ditor Selection Committee, ("Selection Committee"). The Audit said Collier County, Florida, for a period of one year next Selection Committee consists of the five (5) members' of the preceding the first publication of the attached copy of Board of Supervisor's,who will review submissions. advertisement; and affiant further says that he has neither The District reserves the right to retain all proposals submitted paid nor promised any person, or corporation any discount, and to use, without compensation, any ideas in a proposal re- gardless of whether that proposal is selected. Submission of a rebate, commission or refund for the purpose of securing proposal indicates acceptance by the firm of the conditions con- this advertisement for publication in the said newspaper. twined in this request for proposals, unless clearly and specifical- ly noted in the proposal submitted and confirmed in the con- tract between the District of and the firm selected. Published:05/08/2020 The District reserves the right to reject any or all proposals sub- mitted or to retain all proposals submitted and to use without compensation any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates ac- ceptance by the firm of all of the conditions contained this Re, May , quest for Proposal. Currents Community Development District James P.Ward,District Manager Pub Date:May 8,2020 it4184089 1)r,.t-ti iyt r'ss,ti.tr.- Notary, State of WI.County of Brown .r d rr\Rf MONI'lLOCiI rJui,,iy F'ufalii: ( :.,tatt+ of 1N'sconsin My commission expires August 6.2021 Publication Cost S378.00 Ad No 0004184089 Customer No 1387852 PO#. Professional Auditing Services of Affidavits1 This is not an invoice Aatitrs ; i6II 43iits PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 CURRENTS CDD 2900 NE 12TH TER#1 OAKLAND PARK,FL 33334-4447 Affidavit of Publication STATE OF 1MSCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Flonda: distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida: distributed in Collier and Lee counties of Florida. each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person. or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Published:September 20,2019 Subscribed and sworn to before on September 20,2019: f)i.i..i a V V 1 v v\r.Q_.1 oc...-.._' Notary.State of WI.County of Brown t 7ARA MONL)LOCII Prof iry Pvi,lic State of Wisconsin My commission expires August 6.2021 Publication Cost:$1.029.00 Ad No 0003800696 Customer No: 1387852 PO# REQUEST FOR QUALIFICATIONS("RFQ")FOR ENGINEERING SERVICES FOR THE CURRENTS COMMUNITY DEVELOPMENT DISTRICT The Currents Community Development District ("District"), located in Collier County, Florida, an- nounces that professional engineering services will be required on a continuing basis for the District. The engineering firm selected will act in the general capacity of District Engineer and, if so authorized, may provide general engineering services as well as engineering services for the design and construction administration associated with the District's capital improvement plan. Any firm or individual ("Applicant")desiring to provide professional services to the District must: 1)hold applicable federal,state and local licenses;2)be authorized to do business in Florida in ac- cordance with Florida law;and 3)furnish a statement("Qualification Statement")of its qualifica- tions and past experience on U.S. General Service Administration's "Architect-Engineer Qualifica- tions, Standard Form No.330,"with pertinent supporting data. Among other things, Applicants must submit information relating to: a)the ability and adequacy of the Applicant's professional personnel; b)whether the Applicant is a certified minority business enterprise; c)the Applicant's willingness to meet time and budget requirements; d) the Applicant's past experience and per- formance, including but not limited to past experience as a District Engineer for any community development districts and past experience with Manatee County: e) the geographic location of the Applicant's headquarters and offices;f)the current and projected workloads of the Applicant; and g)the volume of work previously awarded to the Applicant by the District. Further, each Ap- plicant must identify the specific individual affiliated with the Applicant who would be handling District meetings,construction services,and other engineering tasks. The District will review all Applicants and will comply with Florida law, including the Consultant's Competitive Negotiations Act,Chapter 287,Florida Statutes("CCNA"). All Applicants must submit eight (8) copies of Standard Form No. 330 and Qualification Statement by 12:00 p.m. on Ocotber18,2019 and to the attention of 1PWard and Associates,LLC,2900 Northeast 12th Terrace, Suite 1,Oakland Park,Florida 33334,Phone 954-658-4900("District Manager's Office"). The Board of Supervisors shall select and rank the Applicants using the requirements set forth in the CCNA and the evaluation criteria on file with the District Manager's Office, and the highest ranked Applicant will be requested to enter into contract negotiations. If an agreement cannot be reached between the District and the highest ranked Applicant,negotiations will cease and be- gin with the next highest ranked Applicant,and if these negotiations are unsuccessful,will contin- ue to the third highest ranked Applicant. The District reserves the right to reject any and all Qual- ification Statements. Additionally,there is no express or implied obligation for the District to re- imburse Applicants for any expenses associated with the preparation and submittal of the Qualifi- cation Statements in response to this request. Any protest regarding the terms of this Notice, or the evaluation criteria on file with the District Manager's Office, must be filed in writing with the District Manager's Office, within seventy-two (72)hours after the publication of this Notice. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven(7)calendar days af- ter the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object or protest with respect to aforesaid Notice or evaluation criteria provisions. Any person who files a notice of pro- test shall provide to the District,simultaneous with the filing of the notice,a protest bond with a responsible surety to be approved by the District and in the amount of Ten Thousand Dollars (S 10,000.00). Additional information and requirements regarding protests are set forth in the Dis- trict's Rules of Procedure,which are available from the District Manager's Office. Any and all questions relative to this RFQ shall be directed in writing by e-mail only to James P Ward,District Manager at JimWard®jpwardassociates.com. Currents Community Development District James,P.Ward,District Manager CURRENTS COMMUNITY DEVELOPMENT DISTRICT DISTRICT ENGINEER REQUEST FOR QUALIFICATIONS COMPETITIVE SELECTION CRITERIA 1)Ability and Adequacy of Professional Personnel (Weight:25 Points) Consider the capabilities and experience of key personnel within the firm including certification, training,and education;affiliations and memberships with professional organizations;etc 2)Consultant's Past Performance (Weight:25 Points) Past performance for other Community Development Districts in other contracts; amount of expe- rience on similar projects;character,integrity,reputation of respondent;etc. 3)Geographic Location (Weight:20 Points) 16I 1 Consider the geographic location of the firm's headquarters, offices and personnel in relation to the project. 4)Willingness to Meet Time and Budget Requirements (Weight:15 Points) Consider the consultant's ability and desire to meet time and budget requirements including rates, staffing levels and past performance on previous projects; etc. 5)Certified Minority Business Enterprise (Weight:5 Points) Consider whether the firm is a Certified Minority Business Enterprise. Award either all eligible points or none. 6)Recent,Current and Projected Workloads (Weight:5 Points) Consider the recent,current and projected workloads of the firm. 7)Volume of Work Previously Awarded to Consultant by District (Weight:5 Points) Consider the desire to diversify the firms that receive work from the District;etc. September 20,2019 #3800696 1611 ?'apLrø at rw NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed,Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV.DISTR. 2074962 Flow Way Pub Dates July 27, 2018 August 3,2018 • (Signature of affiant) ;":'+ KAROLEKANGAS I * Notary Public-State of Florida Sworn to and subscribed before me _• ' Commission cl o41 This August 03,2018 `••••• '`` ,„mMy edd;lo ,.Expires r, ,, (Signature of affiant) NAPLESNEWS.COM 1 FRIDAY,AUGUST 3,2018 1 SSA FLOW WAY Sex scandals could kill NOTICE OF PUBLICCOMMUNITY HEARING CONSIDER DEVELOPMENT ADOPTION OF THE t 6 ' 1 securityclearances TO ALCO YEAR 2019HE BUDGETS;O AND NOTICE OF INTEICN CE AND TO CONSIDER THE IMPOSITION AND LEVY OF MAINTENANCE AND OPERATION SPECIAL ASSESSMENTS,ADOPTION OF AN ASSESSMENT CAP FOR NOTICE PURPOSES ONLY;ADOPTION OF AN ASSESSMENT Bill would reryuire ground re-investigation ROLL, AND THE USE OF THE UNIFORM COLLECTION, AND Y under expedited prose- ENFORCEMENT OF THE SAME;AND NOTICE OF REGULAR BOARD OF investigations of dares for military brass SUPERVISORS'MEETING. and •senior •civilians en- brass by Pentagon snared in sex scandals. Loss of a security The Board of Supervisors for the Flow Way Community Development Smiler clearance can cost a re- District will hold two public hearings and a regular meeting on August 20,2018 Tom Vanden Brook tired officer tens of thou- at 3:00 p.m.at the offices of Naples Conference Center(NABOR),1455 Pine use TODAY sands of dollars per year,said Mark Ridge Road,Naples,Florida 34109 Zaid,a Washington-based national se- WASHINGTON-Generals,admirals curity attorney.Defense contractors of- ' The purpose of the first public hearing is to receive public comment and and senior Pentagon civilians caught in ten require employees to have access to objections on the Fiscal Year 2019 Proposed Budgets.The first public hearing sex scandals could lose their valuable classified information before hiring a is being conducted pursuant to Chapter 190,Florida Statutes.The purpose of access to classified Information-even retired officer. the second public hearing is to consider the imposition of special assessments in retirement-under a new bill passed Just one Army general out of 14 from to fund the District's proposed operation and maintenance budget for Fiscal Wednesday by the Senate. 2015 through August 2017 had his secu- An amendment to the National De- city clearance revoked after being is- Year 2019 upon the lands located within the District,a depiction of which fence Authorization Act would require sued a memorandumof reprimand,ac- lands is shown below,consider the adoption of a cap for notice purposes the Pentagon to investigate senior offi- cording to Pentagon records obtained only,and to consider the adoption of an assessment roll,for the uniform cials guilty of sexual assault,harass- byUSATODAY.Such amemo is typical- collection,and enforcement of the assessments.The second public hearing ment and fraud to determine whether ly a career-killing action taken after is being conducted pursuant to Florida law including Chapters 190 and 197, they should retain their security clear- misconduct has been found. Florida Statutes. At the conclusion of the public hearings,the Board will,by ances.The measure passed last week in That officer,David Haight,was bust- resolution,adopt the budgets and levy assessments to fund the operation the House,and the Senate approved the ed from a two-star officer to a Iieuten- and maintenance budget as finally approved by the Board. A regular board legislation Wednesday.It now awaits ant colonel after his extramarital affair meeting of the District will also be held where the Board may consider any President Donald Trump's signature. and allegations of a swinging lifestyle other business that may properly come before it. Continued access to top secret infor- became public. mation in retirement is often required Twelve were allowed to retain their A copy of the proposed budgets,preliminary assessment roll,and by defense contractors offering lucre- clearances in retirement,and the other rive jobs. general continued to serve on active the agenda for the hearings and meeting may be obtained at the offices Rep.Jackie Speier,D-Calif,a mem- duty and kept his clearance. of the District Manager,located at 2900 Northeast 12th Terrace,Oakland ber of the House Armed Services Com- All of the armed services would be Park,Florida 33334,Ph:(954)658-4900,during normal business hours. In mittee, proposed the amendment in affected by the measure,Including the addition you may contact the District Manager James Ward at JimWard®JP@ part after reporting by USA TODAY and Navy,which is struggling with one of its JPWardAssociates.com. In addition,budgets,preliminary assessment roll other news media on a spate of scandals worst-ever scandals.Named after the and agenda are available on the District's web site at www.flowwaycdd.org, involving senior officers and sexual defense contactor who lavished mon- approximately seven(7)days in advance of the meeting. misconduct. ey,meals and prostitutes on officers In The act authorizes$717 billion in mil- return for information that allowed him The special assessments are annually recurring assessments and are in itary spending.The Senate's action,by to gouge the Navy for his services inthe addition to previously levied capital debt assessments. The table below an 87-10 vote,approves a compromise Pacific, the 'Tat Leonard" saga has reached with the House. prompted the investigation of dozens presents the proposed schedule of operation and maintenance assessments "For too long,lax punishment of sen- of admirals. for Fiscal Year 2019 and the proposed cap rate for notice purposes.Amounts Mr military officers has let these viola- In February,Speier and Rep.Mike are preliminary and subject to change at the hearing and in any future year. tom get off easy and failed to deter other Coffman, R-Colo.,held a hearing on The amounts are subject to early payment discount as afforded by the uniform transgressions,"Speier said."The secu- senior officer misconduct prompted by collection law. rity clearances that retired military offi- reporting on unethical behavior. rem hold even after they retire is worth There have been 590 substantiated Proposed Schedule of Assessments its weight in gold. allegations of misconduct among gen- Per Unit $255.32 Fiscal Year 2019 "Those who have been found to com- erals,admirals and senior civilian offi- MAXIMUM CAP RATE mit crimes should not retain those vials from 2013 to 2017,although trends Per Unit $487.68 clearances. Increasing the likelihood show a steady decline in misbehavior, misconduct committers lose their clear- according to figures by the Defense De- The tax collector will collect the assessments pursuant to the uniform method. ances is an important step in the right partment Inspector General. direction;'Speier said."I look forward to But the overall number of corn- The District may choose to collect the assessments for developer owned land working with my colleagues to continue plaints against senior officials has more not pursuant to the uniform method. increasing accountability and justice in than doubled since 2008.Investigators the military." received 395 complaints in 2008 Failure to pay the assessments collected by the Tax Collector using the uniform against generals,admirals and senior method will cause a tax certificate to be issued against the property which Culture of accountability civilians.In 2017,there were 803 com- may result in a tax deed and loss of title. For delinquent assessments that plaints. were initially directly billed by the District,the District may initiate a foreclosure Defense Secretary Jim Mattis said The number of substantiated allege- action or may place the delinquent assessments on the next year's county the passage of the defense bill means"it tions of misconduct peaked in 2013 at tax bill. All affected property owners have the right to appear at the public is now our duty to implement these poi- 167 cases and dropped to its lowest hearings and the right to file written objections with the District within twenty ides responsibly and ensure a culture of point in 2017 with 58.In fiscal year 2017 (20)days of publication of this notice. performance and accountability." there were 963 generals and admirals in Speiei s amendment directs Mattis the ranks and another 1,364 senior ci- to conduct a security clearance back- vilian officials with an equivalent rank. The public hearings and meeting are open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts.The public hearings and meeting may be continued to a date,time, ,_ //11 and place to be specified on the record at the hearings or meeting. Earn `/V There may be occasions when staff or board members may participate by a•.r- .eal♦ir. J`�J(,Jr,` speaker telephone. v. up to r` } more interests Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at(954) • than the national average with 658-4900 at least forty-eight(48)hours prior to the meeting.If you are hearing kour Money Market Special. or speech impaired,please contact the Florida Relay Service at(800)955- t • 1 8770 for aid in contacting the District Office. 1 5ars? Each person who decides to appeal any decision made by the Board with - MidWestOne Money respect to any matter considered at the public hearings or meeting is advised ' Market Special that person will need a record of proceedings and that accordingly,the person may need to ensure that a verbatim record of the proceedings is made, 4 0.20% including the testimony and evidence upon which such appeal is to be based. `` -• Money Market in Natrona Averagn' - Flow Way Community Development District James P.Ward MoneyMarket SAVINGS District Manager EMPOWERED. Mnnry M,Iknr Cperi,l. July 27,August 3,2018 ND-2074962 Open our Money Market Special with Balance to obtain APY APY ,_,.— at least$25,000 in new money to qualify. $0424,999.99 0.10% Balances of$100,000 earn 1.50%APY, $25,000-$99,999.99 1.25% 1- v, guaranteed through June 30,2019! $100,000-$949,999.99 1.50% I----1 Offer available for a limited time, $950,000 and above' 0.20% ---- 1 i Ft Myers,FL I66s0 Gladiolus Drive Mid West One 239274.1900 \V Bank. Naples,FLI4099Tamlami Trail N,Ste.100 ----1 r I" 239430.2500 1 --� B N Amarket,paw,thap SI00. f I ivNIP,7Pla,a,ralrolatorlMr.3 s12 r } g..aranteed g:. 2019 e99 g Y n g bl - apply So $10000 5 99 99 00$9, 999:50000$.9 9099 510 00 $249.99.0;525000 aboveAm- $ r 0 f rams L.M.1 s pc P p 'Whorl Pre,.o paeyour acuuntalance Playnxbeee the rnrm.m balacefor the tnterst.er II you-sally balance -_r.0 seeds S040,90090,t-e entire balance 0111 earn 0.2096 API',Minimum balance to ovpm service fee,(SI,, -o consumer .ul..rbusi-n))Fe -u a r_ e eel op NiNut e.lable for vubll.hinds a b lNAs yve t'e-ann,Muney Meikei Assou0.sn our 0,,sso-sr r2 eu, .1:1,snel nlormatlo-about lees a-e ter—s. •MidWestOne.com Member FDIC y - - 1611 NaptrL i3a1Li4,1 PART OF THE USA TODAY NE T WORK Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWA RD &ASSOC LLC 2900 NE 12TH TER#1 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT OAKLAND PARK, FL 33334-4447 REQUEST FOR QUALIFICATIONS-DISTRICT ENGINEER NOTICE IS HEREBY GIVEN that the Flow Way Community Devel- opment District, located in Collier County, Florida announces Affidavit of Publication that professional District engineering services will be required on a continuing basis, with services to include planning, prepar- STATE OF WISCONSIN ing reports and preparing plans, designs and specifications on COUNTY OF BROWN behalf of the District. The engineering firm selected will act in the general capacity of Before the undersigned they serve as the authority, District Engineer and provide the District with engineering serv- ices, as required. Any firm or individual desiring to provide pro- personally appeared said legal clerk who on oath says that fessional services to the District must furnish a resume of its qualifications and past experience on Standard Form No. 330 he/she serves as Legal Clerk of the Naples Daily News, a with pertinent supporting data. daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; The District will review all applicants and will comply with the State procedures as established by the Consultants' Competitive that the attached copy of the advertising was published in Negotiations Act, Section 287.055, Florida Statutes. All appli- cants interested must submit one(1) pdf file electronically on a said newspaper on dates listed. Affiant further says that the USB drive to the District Manager of Standard Forms No. 254 said Naples Daily News is a newspaper published at and 255 (or such replacement forms) and letter of interest by Naples, in said Collier County, Florida, and that the said 12:00 P.M., on Friday, February 22, 2021. In addition, please submit(6)bound printed copies to the address below, all appli- newspaper has heretofore been continuously published in cants must ensure delivery of the electronic submittal by con- said tatting the District Manager. Collier County, Florida; distributed in Collier and Lee If applicants have any questions, they may contact the District counties of Florida, each day and has been entered as Manager as (954) 658-4900, or at 2301 N.E. 37th Street, Fort Lauderdale,Florida 33308 or JimWard@JPWardAssociates.com. second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next Flow Way Community Development District James P.Ward preceding the first publication of the attached copy of District Manager advertisement; and affiant further says that he has neither Pub Date:February 1,2021 1t4573773 paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Published:02/01/2021 Subscribed and sworn to before on February 1,2021: enn e kcx Notary,State of WI, County of Brown TARA MONDLOCH Notary Public State of Wisconsin My commission expires August 6,2021 Publication Cost:$252.00 Ad No:0004573773 Customer No: 1305088 PO#: #of Affidavits 1 This is not an invoice 16 I 1 Timestamp City 6/25/2021 10:57:09 Ft Lauderdale Final Publication Date State 7/5/2021 FL Ad Number ZIP Code GCI0678577 33308 Publication Your Name Daily News Michael Staley Market Email Address Naples mstaley@gannett.com Delivery Method Both Number of Affidavits Needed 1 Customer Email coridissinger@jpwardassociates.com Customer Name Flow Way CDD co JPWard &Assoc Llc Customer Address 2301 NE 37Th ST Ft Lauderdale, FL 33308 Account Number (If Known) 530108 Name Cori Dissinger Street 2301 NE 37Th ST ! ' . Naples Daily News le 1 i Naples, FL 34110 Affidavit of Publication Naples Daily News + FLOW WAY COMMUNITY DEV. DISTR. JAMES WARD 2041 NE 6TH TERR i WILTON MANORS FL 33305 REFERENCE: 059678 59755739 FLOW WAY COMMUNITY D _ 111Ni L[ffiOY i 4 State of Florida 1 Counties of Collier and Lee hfrom of Before the undersigned authority, personally a State. appeared Dan McDermott, says that he serves as the v[R7DGE ROAD ' fiscal 'e" Inside Sales Supervisor, of the Naples Daily News, GOLDEN (e°nding a daily newspaper published at Naples, in Collier West o•951, Managers County, Florida: distributed in Collier T«r.a and Lee counties of Florida; that the attached I P/ ► VaodNrhiit BFach' Yetmned copy of advertising was published in said Vineyards on the iudes eon and 1 75 or.riN K to�e newspaper on dates listed. East of 951 " 'i0"'l Affiant further says that the said Naples Daily ImmokoleeRd. eDstrilt News is a newspaper published at Naples, in said ` Collier County, Florida, and that the said WIDENGATE � r Selection BMWAY � rs' of the newspaper has heretofore been continuously day and has been entered as second class mail pc with.u.t prepow is matter at the post office in Naples, in said specihully Collier County, Florida, for a period of 1 yearill wee^ the next preceding the first publication of the «toreteln attached copy of advertisement; and affiant 1 RADIO ROAD °eS further says that he has neither paid nor k °p°"' promised any person, firm or corporation any i discount, rebate, commission or refund for the N.,„, �Dw`7SBOULEiARD "---='== purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 10/03 AD SPACE: 88 LINE FILED ON: 10/03/14 Signature of Affiant p` ,� Sworn to and Subscribed be/ rem thi day of 20l "� Personally known by me // :;k:. CAROL RAMONA '.: a. ;.; MY COMMISSION,EE 851758 1• •-11w-' EXPIRES:Novenber 28,2014 j611 NapLi hiiL � PART OF THE USA TODAY NE TWORI( Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWA RD &ASSOC LLC 2301 NE 37TH ST FT LAUDERDALE, FL 33308-6242 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida: for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate,commission or refund for the purpose of securing this advertisement for publication in said newspaper issue(s)dated or by publication on the newspaper's website, if authorized, on Issue(s)dated:09/04/2022 Subscribed and sworn to before on September 4,2022: otary, tate o , County rown S'l5 'c93 My commission expires Publication Cost: $318.50 Ad No: 0005383325 Customer No: 1305088 PO#: NANCY HEYRMAN #of Affidavits 1 Notary Public State of Wisconsin This is not an invoice 16I 1 NOTICE OF ANNUAL MEETINGS FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Fiscal Year 2023 Regular Meetings of the Board of Su- pervisors of the Flow Way Community Development District, which covers the peri- od October 1, 2022, through September 30, 2023, are scheduled to be held at 1:00 P.M. on the third Thursday of each month, at the Esplanade Golf and Country Club, 8910 Torre Vista Lane,Naples,Flori- da 34119 on the following dates: October 20,2022 November 17,2022 December 15,2022 January 19,2023 February 16,2023 March 16,2023 April 20,2023 May 18,2023 June 157 2423 July 20,2023 August 17,2023 September 21,2023 The meetings are open to the public and will be conducted in accordance with the provi- sions of Florida Law for Com- munity Development Districts. A copy of the agenda for each meeting may be obtained from the office of the District Manager, JPWard & Associ- ates LLC, 2301 NE 37th Street, Fort Lauderdale, Florida 33308 (Phone 954 658 4900) at least seven (7) days in advance of the meeting. In addition, the Agenda's will be posted on the District's web site at www. flowwaycdd.org. These meetings may be can- celled or continued to a date, time and location specified on the record at the meeting. In accordance with the provi- sions of the Americans with Disabilities Act, any person re- quiring special accommoda- tions or an interpreter to par- ticipate at these meetings should contact the District at (954) 658-4900, at least five (5) days prior to the date of the meetings. If you are hear- ing or speech impaired, please contact the Florida Relay Serv- ice at 1-800-955-8770, for as- sistance in contacting the District Office. If any person decides to ap- peal any decision made with respect to any matter consid- ered at these board meetings, such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is made at their own expense and which re- cord includes the testimony and evidence on which the appeal is based. Flow Way Community Devel- opment District James P. Ward. District Man- ager Pub:Sept.4,2022#5383325 161 1 ?'apLcø BMW ?'rwø NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 2159174 FLOW WAY COMMUNITY D Pub Dates November 26,2018 December 3,2018 • tifitett 0Y40-e,ai (Sign ture of affiant) . KAROLEKANGAS 1 ,: Notary Puhlk-State ofFlorida Sworn to and subscribed before me `,� � •: My "�lres a'29,1t This December 03,2018 �.,(?`'` 1 aawenaouonwuoarxm.yara (Signature of affiant) FLOW WAY COMMUNITY 16 I I DEVELOPMENT DISTRICT NOTICE OF LANDOWNERS MEETING AND REGULAR MEETING NOTICE IS HEREBY GIVEN that the Landowners Meeting and Regular Meeting of the Flow Way Community Development District will be held at 3:00 P.M.on Tuesday,December 18, 2014 at the offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103 The primary purpose of the Landowners Meeting is to elect one (1) Supervisors of the Flow Way Community Development District. Immediately thereafter, the District's Regular Board Meeting will take place. The purpose of this meeting is for the Board to consider any business which may properly come before it. The meeting is open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. The meetings may be cancelled or continues to a date, time and location specified on the record at the meeting. A copy of the agendas for these meetings may be obtained by contacting the District's Management office by phoning (954) 658-4900 at least five(5)days prior to the date of the meetings. If you are hearing or speech impaired, please contact the Florida Relay Service a 1-800- 955-8770 for assistance in contacting the District Office. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at this meeting should contact the offices of JPWard & Associates,LLC by telephone at (954) 658-4900 at least seven (7) days prior to the date of the particular meeting. If any person decides to appeal any decision made with respect to any matter considered at this meeting, such person will need a record of the proceeding and such person may need to insure that a verbatim record of the proceeding is made at their own expense and which record includes the testimony and evidence on which the appeal is based. James P.Ward, District Manager Flow Way Community Development District November 26,December 3,2018 No.215 NapIrktiI 1611 " PART OF THE USA TODAY NETWORK Published Daily Naples. FL 34110 NOTICE OF ANNUAL MEETINGS FLOW WAY COMMUNITY DEVELOPMENT DISTRICT FLOW WAY COMMUNITY D EV.DISTR.JPWA 2900 NORTHEAST 12 TH TERRACE S The Fiscal Year 2020 Regular Meetings of the Board of Supervi- sors of the Flow Way Community Development District are scheduled for the second Tuesday of each month at 3:00 P.M. OAKLAND PARK,FL 33334 at the offices of Coleman. Yovanovich & Koester, P.A., 4001 Tamiami Trail North,Suite 300 Naples,Florida 34103.on the fol- lowing dates: October 8,2019 November 12.2019 Affidavit of Publication December 10,2019 January 14.2020 STATE OF WISCONSIN February 1.2020 March 10,2020 April 14,2020 May 12,2020 COUNTY OF BROWN June 9,2020 July 14,2020 August 11.2020 September 8,2020 Before the undersigned they serve as the authority, The meetings are open to the public and will be conducted in personally appeared said legal clerk who on oath says that accordance wth the provisions of Florida Law for Community Development Districts. A copy of the agenda for each meeting he/she serves as Legal Clerk of the Naples Daily News. a may be obtained from the office of the District Manager, daily newspaper published at Naples, in Collier County, JPWard & Associates LLC. 2900 NE 12th lerrace, Suite 1, Oakland Park. Florida 33334 (Phone 954 658 4900) at least Florida. distributed in Collier and Lee counties of Florida; seven (7) days in advance of the meeting_ In addition, the that the attached copy of the advertising was published in Agenda's will be posted on the District's web site at www.flow waycdd.org. said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at The meetings may be cancelled or continued to a date. time and location specited on the record at the meeting. Naples, in said Collier County. Florida. and that the said newspaper has heretofore been continuously published in In accordance with the provisions of the Americans with Disabil. ies Act. any person requiring special accommodations or an in- said terpreter to participate at these meetings should contact the Collier County, Florida. distributed in Collier and Lee District at (954)658.4900. at least five 15)days prior to the date of the meetings II you are hearing or speech impaired, please counties of Florida. each day and has been entered as contact the Florida Relay Service at 1.800-955-8770. for assis second class mail matter at the post office in Naples, in tance in contacting the District Office. said Collier County. Florida. for a period of one year next If any person decides to appeal any decision made with respect preceding the first publication of the attached copy of to any matter considered at these board meetings. such person will need a record of the proceedings and such person may advertisement, and of iiant further says that he has neither need to ensure that a verbatim record of the proceedings is aid ronitsed an made at their own expense and which record includes the testi- p nor p y person or corporation any discount, mony and evidence on which the appeal is based. rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Flow Way Community Development District James P.Ward,District Manager Seat 12.2019 3783217 Qijk *kj Publish September 12,2019 Subscribed and sworn to before on September 12.2019: V1 cry%(12.J De'.1-t) Notary.State of WI.County of Brown TARA MONDLOCI-t Notary Public: State of Wisconsin My commission expires August 6.2021 Publication Cost S336.00 Ad No 0003783217 Customer No• 1305088 PO# Annual Meetings 16 1611 MEETING OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Flow Way Community Development District's Board of Supervisors was held on Tuesday, November 11, 2014, at 1:50 p.m., at the Offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: John Asher Chairman Keith Berg Vice Chairman Stephen Reiter Assistant Secretary Sal Simonetti Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel David Wilems District Engineer FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Ward called the meeting to order at 1:50 p.m. The record will reflect that all supervisors are present at roll call with the exception of Supervisor Burdett. SECOND ORDER OF BUSINESS Administration of the oath of office for the newly elected Supervisors from the Landowners' meeting held just prior to the regular meeting. • Guide to Sunshine Amendment and Code of Ethics for Public Officers and Employee • Form 1—Statement of Financial Interests Mr. Ward stated, for the record, I'm a notary in the state of Florida and authorized to administer this oath. I'll ask that you three repeat after me and state your name - Mr. Ward administered the Oath of Office to the newly elected supervisors: Stephen Reiter and Sal Simonetti. I'll ask that you sign the original oath and print your name in the two appropriate spots, return the original oath to me, I will notarize it and make it a part of the record for you. Since you're all seated on the Board you do not need to do anything with the Supervisor of 1 ' Page FLOW WAY CDD November 11, 2014 14 1 Elections, as long as you have filed your Form 1s in the appropriate time. Since I didn't hear from the state, I'm assuming you all did that. For the record, Mr. Burdett is not with us, so we will schedule the administration of the oath of office at your next meeting and swear him in at that time. THIRD ORDER OF BUSINESS Consideration of Resolution 2015- 1, canvassing and certifying the results of the November 11, 2014, Landowners Election. Mr. Ward stated in the resolution, in Section 1, Mr. Burdett will be filled in with 226 votes, and Mr. Reiter will be filled in for seat two with the same number of votes, 226, and Mr. Simonetti will be filled in for seat five with 220 votes. Then in Section 2 of the resolution, Mr. Burdett and Mr. Reiter will serve four-year terms, and Mr. Simonetti will serve a two-year term. With those changes to the resolution, it is in order and recommended for your consideration. Mr. Asher stated now it says 2015. Mr. Urbancic stated yes, it's because of our fiscal year, so our resolution number's go up, as our fiscal year starts on October 1. On MOTION made by Mr. Asher and seconded by Mr. Reiter, with all in favor, Resolution 2015-1 was approved with the changes noted above. FOURTH ORDER OF BUSINESS Consideration of Resolution 2015- 2, re-designating the officers of the officer of the Flow Way Community Development District. Mr. Ward stated your current slate is Mr. Asher is your Chair, and Mr. Berg is your Vice Chairman, and the balance of the Board serve as assistant secretaries. You may reorganize as appropriate or you can keep that same slate. If you do, we'll just add Mr. Burdett as an assistant secretary. It's up to you at this point. Mr. Asher asked any reason to change anybody? Mr. Ward asked no? Okay. Mr. Asher stated move that we keep the same slate then. 21Page i6I 1 FLOW WAY CDD November 11, 2014 Mr. Ward stated and we'll add Mr. Burdett as an assistant secretary. Mr. Asher stated correct. Actually, I hope that someday he's the Chairman. Mr. Ward stated well, he's not here. He can't do it now, because he's not on the Board yet, so we will schedule this for the next meeting for Board re-cosideration. Mr. Asher stated all right, we'll make him an assistant secretary. On MOTION made by Mr.Asher and seconded by Mr. Simonetti, with all in favor, Resolution 2015-2 was approved as follows: Mr.John Asher - Chairman Mr. Keith Berg - Vice Chairman Mr.Anthony Burdett -Assistant Secretary Mr.Stephen Reiter -Assistant Secretary Mr.Sal Simonetti - Assistant Secretary Mr.James P. Ward - Secretary/Treasurer FIFTH ORDER OF BUSINESS Consideration of Audit Proposals. Mr. Ward stated just in the way of some brief background. This District has never had an audit before; it was not required, however, pursuant to law, with the issuance of your bonds this past year, you now meet the threshold for conducting an audit for the year ending September 30, 2014. As with our strong engineering lobbying group in Tallahassee, the auditors seem to have one also, so there's this rather ridiculous, laborious process that we must go through in order to retain an auditor. It requires the District to advertise for auditing services that are basically non-price based, but we can ask for prices in the audit process, which we have done. We received proposals; and during this part of the process you sit as what we call the audit selection committee, pursuant to statute, and your job is to make a recommendation to the Board of Supervisors with respect to the audit proposals that we received. I provided to you the responses to the RFP that we sent out to the various firms that I know of that are qualified to perform this audit, and they've all responded to you. I have also included an analysis of the auditor's selection proposal, which I asked you all to fill out. Hopefully, you had time to do that before the meeting, and then we can rank them and select the number one ranked auditor, and then enter into an agreement with that firm, which agreement was also included in the request for proposals. 3 1 Page le l l FLOW WAY CDD November 11, 2014 The first thing I'll do is let's find out if anybody was good enough to fill out that auditor selection form before the meeting. Mr. Berg stated yes, but I filled out the ranking backwards. Mr. Ward stated that's okay, as long as you were consistently backwards. I'm heard that Mr. Berg has filled his out, so why don't you tell us what your selection was, how you ranked everybody. You all can either fill your own auditor analysis form out, or you can accept Mr. Berg's ranking of the auditors. Mr. Berg? Mr. Berg stated I had Grau as an initial choice, they were also a low price. They also had the highest list of comparable engagements that were specifically CDDs, 250 to 300, some CDDs that they did, which far exceeded anybody else from what they provided. So that kind of pushed them over the top of the list for the ranking. They were a smaller firm, I think they said they had 15 staff, half were CPAs, and they were out of Boca. Their experience seemed to be good with the resumes that they gave. Pretty close to a tie,just slightly below them was McDirmott, so I could go with either, McDirmott or Grau,the two favorites. Again, McDirmott was low, he was only $2,500 difference. McDirmott also had experience on CDDs, they're out of Orlando, they were another smaller firm with 26 people. Then there's a cluster then of Keefe and Dufresne and Carr. However, Carr didn't provide the information that was asked for in the mandatory elements, so I couldn't verify the top half except for the quality control report. They didn't provide the information asked for in their documentation like everybody else, so I'm sure they're qualified, perhaps, but they just didn't provide it. They were huge, they were national, they have 1,200 employees. The question I had was what is the budget for this? They range from $18,500 to $33,000. One of them inferred that they looked it up, and our budget was $32,500? Mr. Ward stated our budget is not$32,500. Our budget is $6,500. Mr. Urbancic stated, just for the record, and I know you guys know this, we're considering price as one of the criterion. The statute says if you consider it, it can't be the trump car, so that's why Jim laid out on the spreadsheet that it's kind of an equal factor, so we're considering it, but it's not unequally weighted versus everything else. Mr. Berg stated so, from my past CDD experience, I don't recall the entities that I dealt with, so I don't have any personal experience with any of these, I'm just going off the submittals, so any input that you all have. 4IPage 1611 FLOW WAY CDD November 11, 2014 Mr. Asher stated I think I have, over the years, worked with all of these at one time or another; all the names are familiar, and never had an issue from a board standpoint. We've always had clean audits, and it's not an issue. Mr. Urbancic stated yes, it's more like invisible to the board other than a report, it's your Manager who gets it. Mr. Ward stated yes-the brunt of it. Mr. Asher stated I would ask the Manager, from an ease of working with and providing information and receiving feedback, and the data, transfer of data back and forth, is there a preference, one way or the other, someone that's easier to deal with and more responsive? Mr. Ward stated the best of all of the six, in terms of responsiveness and, as I like to say, my least amount of babysitting that's required is the McDirmott firm. The most amount of babysitting is Grau. Carr is pretty good, I've not worked with Dufresne, and and Keefe is actually pretty good. Grau does an audit for one my other CDDs, as does McDirmit; either one of them is fine with me, McDirmit is just a little quicker in responding, and they require less babysitting, but either one of them is fine with me. Mr. Berg stated hearing that, I lean towards McDirmit from what I gather. Mr. Asher stated I would agree. I've dealt with Stromer on numerous occasions from a homeowner's standpoint, and they would probably be engaged with the developer from a homeowner's standpoint, so it's probably good that they not do the CDD. Just thinking ahead, you know, years down the road. That would be the other one that I've dealt with and had a lot of confidence with, so I think I would second Mr. Berg's recommendation on McDirmit based on the lack of babysitting and being more responsive. Mr. Ward asked any other discussion, questions? All those in favor of the selection of McDirmit as your auditor is in order. On MOTION made by Mr. Berg and seconded by Mr. Asher, with all in favor,the selection of McDirmit Davis & Company, LLC, as the District's auditor was approved. I Mr. Urbancic asked do you want to rank the other ones for the sake of? Mr. Ward stated he ranked them. I'll just go with that ranking. 5 1 Page FLOW WAY CDD November 11, 2014 tb SIXTH ORDER OF BUSINESS Staff Reports a) District Attorney Mr. Urbancic stated just really quick, and I could have brought the article, but apparently, and, Jim, you might have seen this in the papers over on your coast,just be wary of public records requests, even as a developer-controlled CDD. There's an outfit that is making some headlines about their requests for public records, and the number of lawsuits that they're undertaking against people, not only governmental entities, but third-party consultants who are doing work for governmental entities. So just be wary, to the extent you get some public records request; if you do, ask Jim or ask me. The public records law is out there for people intending to use it for a proper purpose, and there are some people using it for, what is arguing improper purpose, and setting quotas as to how many lawsuits they can file for public records requests. It's out there, the legislature is apparently going to take a look at it, if you believe some of the statements, so just be cautious, because there are some people out there using it for improper reasons to generate attorneys' fees. Mr. Asher asked what are they doing that we need to be aware of? What are their requests entailing, so we can be aware of how we would see it, basically. Mr. Urbancic stated they could email any one of you, requesting public records, and a lot of times, in alot of these lawsuits, they're asking engineering firms for public records, and engineering firms aren't responding, so engineering firms are getting hit with mega public records lawsuits, according to the articles I've read. So it would be something that may look innocuous, saying, "Please provide me with a copy of such and such a document in your records," or, "This here is a public records request." And, in the past, I've seen this outfit actually send it to supervisors; sometimes they send it to the registered agent, sometimes the manager, but other times it's just members of the Board. Mr. Ward stated up until this point, they've been innocuous requests. They've been schedules of meetings, things that are kind of easy, a set of minutes or things like that, or they want the minutes from last year, something of that kind of nature. In this particular District, we actually have gotten them, since I've been involved with it again, and usually the requests have gone to Greg, and he sends it to me, and I just normally respond to it. But Wage FLOW WAY CDD November 11, 2014 1 V 1 1 they've expanded their public records law requests recently, so if you get them, as Greg said, the best thing to do is to just get either one of us involved in it. We will help you through it, but the important thing is not to ignore it, is to make sure we respond to it, because we will get hit with a lawsuit, and the professionals will get hit with a lawsuit also if we don't respond. Mr. Asher asked what would be our appropriate response then if we don't have those records? Mr. Urbancic asked if we don't have the specific record? Mr. Asher stated if a Board member doesn't have those records. Mr. Ward stated that is your response, you don't have them. "What you're asking for, I have no such record." Mr. Asher stated well, if they want a copy of something, as long as you don't have it saved somewhere on your email. Mr. Ward stated, as a Board member, the easiest thing for you to do is really just coordinate that with Greg or I. Unless somebody has communicated to you all that we don't know about, it's going to be in the District's record. So, in that instance, you should coordinate with us. The District Engineer, however, is a different story, because their records are generally separate, and we do not have copies of all of that stuff. So you, as the District Engineer, you need to pay very close attention as to what you're being asked to respond to, if you get a request, and we will help you through it for sure. Mr. Asher asked how about discussions as the developer on future bond issues? You know, how many units do we have, what kind of debt do we want to place on them, what kind of infrastructure do we have to support that debt, those type of conversations that do deal with, and I do probably have emails and records of? Mr. Urbancic stated I think the question is, is it really you with your developer hat on, or is you as the Chairman of this Board having those discussions. More likely than not, it's probably you with your developer hat on having those discussions and wouldn't be subject to it, but if there were a more specific record, and you got a request, and you have a concern, we'll probably look at the particular record and say, "Hey, yes, maybe we should just disclose it or maybe we shouldn't." 7IPage 1b11 FLOW WAY CDD November 11,2014 Mr. Asher stated because I do have those conversations, and phone calls, and short meetings which haven't been discussed with the rest of the Board members for that purpose. A Male Speaker stated that would be like in the Tortuga CDD or whatever the other one is, where they say they keep emails separate, save them in a different email box, that kind of stuff. Mr. Urbancic stated that's a good idea, keep all your CDD stuff segregated from anything else. It's a good idea if you can do it. Mr. Asher stated they delete all ours anyway after a year. I know mine go after a month, because there are so many of them. Mr. Urbancic stated well, if you do get something that's CDD related, it has to be preserved, it's like seven years. Mr. Ward stated well, email transitions, I consider emails transitory, and under the statute and are deletable if their value is lost, once their value is lost, so I do not keep records, even as a permanent record for the District. The law is very, very clear on what we keep, how long we keep it, but transitory records, things that have lost their value can generally be disposed of immediately, specifically emails are referenced in there. Other documents, there are longer periods of time. Minutes, for example, are permanent, resolutions are permanent, agreements are permanent, accounting records are permanent. They vary between five and seven years. There's all sorts of different retention requirements on these documents. If you have a question, just send us what it is you have, and we can make the determination whether or not we have to keep it, or whether we have to dispose of it, or whether we need to disclose it to whoever. Mr. Urbancic stated that's it for me. c) District Engineer No report b) District Manager Mr. Ward stated I have nothing for you. SEVENTH ORDER OF BUSINESS Supervisors Requests and Audience Comments 81Page FLOW WAY CDD November 11,2014 le 1 1 Mr. Ward asked anything from the Board? Mr. Asher stated I have a request. Can we get our meetings noticed in an Outlook meeting request? Mr. Ward stated yes. Mr. Asher stated we're all running so crazy. These guys didn't have this meeting scheduled, and I got something later in the week. It would be very helpful for us to have the year's meetings, and as they get canceled, it's real easy to send a cancelation, and you move on. Mr. Ward stated okay, Outlook is not my most favorite thing, but I'll do my best at that for you. Mr. Asher stated we would greatly appreciate it. We almost didn't have the Landowners meeting today. Mr.Ward asked any other requests? EIGHTH ORDER OF BUSINESS Adjournment Mr. Ward stated a motion to adjourn would be in order. On MOTION made by Mr. Reiter and seconded by Mr. Asher, with all in favor,the meeting was adjourned at 2:07 p.m. , SA- /V-04— James P. Ward Secretary John A4h�r. Chairman 9I 1611 OATH OR AFFIRMATION OF OFFICE I, S/4c,44 ilc ,_/ ..Si ,.lL r/, a citizen of the State of Florida and of the United States of America, and being an officer of the Flow Way Community Development District and a recipient of public funds as such officer,do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida,and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Flow Way Community Development District, Collier County, Florida. Signature Printed Name: 5A i t_ MOA1 f; STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this // day of A _/ ,g4.-.c., , 2014, by a�v.4re -. 1i1r�e/+.I�rri , whose signature appears hereinabove, who is personally known to me or who produced as identification. /496/aid NOTARY P LIC STATE OF FLORIDA ;;04: JAA�ES P.WARD Print Name: NclkY , My Commission Expires: 16t1 OATH OR AFFIRMATION OF OFFICE I, „57 /61 e ►Tft._ , a citizen of the State of Florida and of the United States of America, and being an officer of the Flow Way Community Development District and a recipient of pub tit ins as such officer,do hereby soiernniy swear or affirm that i*Ai support the Constitution of the United States and of the State of Florida,and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Flow Way Community Development District, Collier County, Florida. Signature Printed Name: 2t31 - STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this ,i day of m,1e.,,,-,m, ,., , 2014, by Jre-,h' 'CO-irc•<- , whose signature appears hereinabove, who is personally known to me or who produced as identification. ,fir.,419,l-/��rf�NOTARY STATE OF FLORIDA Print Nam I J SP.W��� --�e�t�ron'I�E�t�0403— Expires February 26,2016 My Commi s iregerAn,T,,,,F.,,n n,,,,,,„,,m, %h '� . � 16I1 Flowway Community Development District Analysis of Auditor Proposals Firm Names: GRAD KEEFE STROEMER DUFRENSE CARR McDIRMIT i (4.:..) I. Mandatory Elements a. The audit firm is independent and licensed to practice in Florida. a,- V x'' ✓ � b.The firm has no conflict of interest with regard to any other work performed by the firm for the District. `f '✓ a .c. The firm adheres to the instructions in the Request for ✓ �. Proposal on preparing and submitting the proposal. ord.The firm submitted a copy of its last external quality control i review report and the firm has a record of quality audit work. '/ ✓ ✓ ✓ __ e. The firm provides information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three(3)years,as well as,an explanation of all pending litigation (including all accounts of Federal ./'. •r indictments) uP Legend for Mandatory Elements: C..A.. 6Oc a f+.14 e. Np)$Pros t�$Pk IA=n•,,,,,r OP.'... Y=Meets Criteria Gel go) .carsi oa •L v N=Does Not Meet Criteria $44--cFicI t A 5�B gv I _Y____ ____ _ t 1 Point 2. Technical Oualif cations: Range a.Exacta and Experience (!)rite firm's past experience and performance on comparable government engagements. 1-5 fj 2- / 1.-- (2)The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's , management support personnel to be available for technical consultation. 1-5 S" S 3 . S C (3)The firm provides information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three(3)years,as well as,an'explanation of all pending litigation (including all accounts of Federal indictments 1-5 J 5- b.Audit Aonroach (1)Adequacy of proposed staffing plan for various segments of � the engagement 1-5 5- C { 3 3 5- (2)Adequacy of sampling techniques 1-5 .5-- 3 S a 2. (3)Adequacy of analytical procedures 1-5 -S 3 S S y,. Sub-Total: Technical 3 O 2.1 L-1 2 Z Z 3 ?i q Weighting Factor 0.6 0.6 0.6 0.6 0.6 0.8 ik 4.„11,yt s G'SOO Total Pouts:Technical ! /'19..D /3,£+ /.4 A (3 1. /3,2 17..e 7ur 75751.1 ($ r5 Oo 33rpoo 1.3 p1,5 U,TS0 31,00a 2(,DO. 77 3• PrIce: 1-5 S / S {vo Z / 5- Weighting Factor 0.4 0.4 0.4 0.4 0.4 0.4 Ir Total Points:Price 2-5 O_.f 2-.o 0.1 O. f 2..t' �� ` Total Points: Technical/Price: 2-0.0 /cf.L. '6•'( l cf.cy el z„ `R.'t - 10,.u. A -- ,rl,.b.4-4. cii156 11p.1 to Be 161 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Flow Way Community Development District's Board of Supervisors was held on Tuesday, January 13, 2015, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: John Asher Chairman Keith Berg Assistant Secretary Anthony Burdett Assistant Secretary Stephen Reiter Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Jeremy Arnold District Engineer FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Ward called the meeting to order at 2:00 p.m. The record will reflect that all Supervisors are present at roll call with the exception of Supervisor Simonetti. SECOND ORDER OF BUSINESS Administration of the oath of office for Anthony Burdett who was elected at the November 11, 2014, meeting. • Guide to Sunshine Amendment and Code of Ethics for Public Officers and Employee • Form 1—Statement of Financial Interests Mr. Ward stated, for the record, I'm a notary for the State of Florida and authorized to administer this oath. Mr. Ward administered the Oath of Office to Anthony Burdett. I'll ask that you sign and print your name in the two appropriate spots in the oath, return it to me, I'll notarize it and make it a part of the permanent record for you. Attached to the Oath of Office is a Form 1 Statement of Financial Interest. I also emailed you an electronic copy of it. You are required to fill it out and return it to the Supervisor of Elections in the County in which you reside within 30 days of today's date. I know you are fully aware of all the fines 1 IPage 16t1 FLOW WAY CDD January 13, 2015 that may be levied, and fully aware of the laws relative to CDDs, so I won't take the time and go through that. If you have any questions, Greg or I are here to answer them for you. Mr. Burdett stated thank you very much. THIRD ORDER OF BUSINESS Consideration of Minutes a) November 11, 2014— Landowners' Meeting Mr. Ward stated I'll ask that you approve these minutes for purposes of inclusion in the record only. Those are your November 11, 2014, Landowners' Meeting minutes. If you have any additions, corrections or deletions, it would be appropriate at this time to so indicated, otherwise a motion to approve for purposes of inclusion in the record would be in order. On MOTION made by Mr. Berg and seconded by Mr. Asher, with all in favor, the November 11, 2014, Landowners' Meeting minutes was approved. b) November 11, 2014— Regular Meeting Mr. Ward stated if you have any additions, corrections or deletions, it would be appropriate to so indicate, otherwise a motion for their approval would be in order. On MOTION made by Mr. Berg and seconded by Mr. Asher, with all in favor, the November 11, 2014, Regular Meeting minutes was approved. FOURTH ORDER OF BUSINESS Consideration of Work Order — Walrdrop Engineering to provide engineering report, attending meetings relative to the Series 2015 Capital Improvement Program Mr. Ward stated this was related to the preparation of your Series 2015 Capital Improvement Revenue Bonds for Phase III of the project. The proposed scope of services and fee structure are identified on page 1 &2. The agreement is consistent with the Master Agreement that we have with Walrdrop Engineering for provision of fee services for the District. If you have any questions, I'd be glad to answer them for you. The funding will 2IPage 161 1sa FLOW WAY CDD January 13, 2015 come from the Series 2015 Bonds, if and to the extent we issue bonds, if not, it will come from our General Fund, and then I will probably end up doing a budget amendment to pay for the engineering services if the bonds are not issued at some point. With that, if you have any questions with respect to it, otherwise a motion to adopt the work order is in order. Mr. Asher asked are there going to be any legal descriptions that go along with this? Are we going to need surveying work? Mr. Ward stated I think the answer yes. That's not covered for purposes of this work authorization. But I would say yes. Mr. Asher stated sure, I'm just letting the Board know that then there may be something else. Mr. Ward stated there will be a lot more. When we get to the engineering report you'll see that there's $120,000 or a $130,000 in professional fees, some of which I assume is Walrdrop Engineering fees related to the acquisition of the infrastructure that we'll be doing within the project itself. Mr. Asher stated or past consulting fees. Mr. Ward stated or past consulting fees, yes; one of the two. On MOTION made by Mr. Asher and seconded by Mr. Berg, with all in favor, the Work Order for Walrdrop Engineering to provide engineering report, attending meetings relative to the Series 2015 Capital Improvement Program was approved. FIFTH ORDER OF BUSINESS Consideration of Resolution 2015-3, declaring special assessments; indicating the location, nature and estimated cost of those improvements which cost is to be defrayed in whole or in part by the special assessments, providing the portion of the estimated cost of the improvements to be defrayed in whole or in part by the special assessments; providing the manner in which such special assessments shall be made; providing when such special assessments shall be made; designating lands upon which the special assessments shall be levied; providing for 3 ' Page to I FLOW WAY CDD January 13, 2015 an assessment plat; adopting a preliminary assessment roll; providing for a public hearing to consider the advisability and propriety of said assessments and the related improvement; providing for notice of said public hearing; providing for publication of this resolution; providing for conflicts; providing for severability; and providing an effective date. Mr. Ward stated item five and six are related items. We'll do them in tandem at this point. The first one is Resolution 2015-3, but essentially what we are doing is setting up the process for the levy of the assessments for the Series 2015 Capital Improvement Revenue Bonds Phase III. We'll do this in four parts. One is I'll ask Jeremy to take a few moments and go through the Engineer's Report with you. I'll briefly go through the methodology with you. At the conclusion of those two presentations, we'll take up Resolutions 2015-3 and 2015-4. Mr. Arnold stated the Phase III Engineer's Report is basically just a build onto the previous Phase I, Phase II Engineer's Report where we are including additional units to Phase III and the Phase III assessment. The one little difference that you might notice is we added an additional unit type, 90-foot, but the methodology is consistent with the Master Agreement or the Master Report, and the previous Engineer's Report. Nothing has changed other than that. Mr. Ward stated okay. Did you just want to take a moment and go through the costs of the project, and the types of infrastructure we'll be constructing, and we'll go from there. Mr. Arnold stated the costs are outlined, starting on page six, Surface water management proportional individual according to our property costs levied on the different unit types based on the number of type and the number of unit for $2 million in surface water management. Mr. Asher asked like Table 25, wouldn't that be better. Mr. Arnold stated yes, I'm looking for that table; actually, that's what I was looking for. Yes, that's where I was pulling that information off that previous table. But that kind of outlines the different categories that are qualified for the CDD bonds: surface water management, potable water, wastewater, irrigation and exterior landscaping. It's all 4IPage t61 FLOW WAY CDD January 13, 2015 summarized and totaled at the bottom row of the table. In this assessment, we have 52- foot lots, 76-foot lots, and 90-foot lots, and it's pretty self-explanatory there. Mr. Ward stated the total estimated cost of the project is roughly $3.5 million for all of the infrastructure when we add bonding costs on top of that, the total cost is estimated at $4.8 million. We'll probably issue something lower than that. That number is on the high side for purposes of the levy of the assessment, so that when we issue, we don't go over the maximum assessment allocation that we're permitted, pursuant to law and the levy of the assessments in total. Do you all have any questions on the Engineer's Report? There were not questions. With respect to the methodology, again, as Jeremy had indicated to you, my methodology is exactly the same as what we accomplished with respect to this last series of bonds that we did for Phase I and Phase II. The methodology is built on two premises; one is a cost allocation, which is identified in the Engineer's Report. What that does is take the $3,453,575 and allocate it to all the of the different product types based upon the type of infrastructure that we are constructing within the District itself. That infrastructure includes the surface water management system, potable water, wastewater, and irrigation systems, exterior landscaping, offsite improvements, mitigation, miscellaneous, and also environmental mitigation, along with professional fees and permitting fees. Once we allocate those costs among the different product types, based upon the engineer's allocation, then we come up with a methodology that basically mirrors that allocation of cost by product types. We add onto that the cost of issuance of the bonds, which includes such items as a reserve account, capitalized interest, and cost of issuance with respect to the bonds. Such that, the total issuance is anticipated to be roughly $4.8 million. If you turn in my report to page 24, that chart on that page will give you the estimated par debt assessment per lot per product type. Where the Phase III bonds, we only have three product types, a 52-foot lot, a 76-foot lot, and the new category for the larger lots, which are the 90-foot lots. The allocations range from $32,363 up to $71,146, and then the report provides to you an estimated maximum annual debt service based upon an allocation of roughly $4.8 million. Then the final exhibit, which is on pages 26, 27 and 28 provide to you the assessment per unit for each of the folio numbers that are identified from the tax rolls that 5 Page 16 � t FLOW WAY CDD January 13, 2015 we have in the District, and subject to assessments that include parcels D, parcel E, parcel F, parcel H, for a total of $4.8 million in assessments. If you have any questions with respect to either the Engineer's Report or the methodology, I would be glad to answer them for you or Jeremy will. Mr. Asher stated no, I don't have any questions. Mr. Ward stated hearing none, then the next order would be to consider Resolution 2015-3, which declares the special assessments, indicates the location, nature and estimated cost of the improvements to be defrayed in whole or in part by the assessment program, provides the portion of the estimated cost to the improvements to be defrayed in whole or in part by the assessments. It provides the manner in which the special assessments shall be made, it designates the lands on which the special assessments shall be levied, and it provides for an assessment plat and assessment roll. It provides for the public hearing and advisability and necessity related to the special assessments. A couple of changes to the resolution that we have in your agenda package. One is in the first "Whereas". The Engineer's Report has been dated January of 2015, and that date will change. Also, in section four and five, the estimated cost is $3,453,574.71, and in section five, it will defray $4,800,000 in bonded indebtedness. With those changes, that resolution is in order and recommended for your consideration, and a motion would be in order. On MOTION made by Mr. Asher and seconded by Mr. Reiter, I with all in favor, Resolution 2015-3 was approved. SIXTH ORDER OF BUSINESS Consideration of Resolution 2015-4 setting a public hearing to be held on February 17, 2015, at 3:00 p.m. at the offices of Coleman, Yonvanvich & Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103, for the purpose of hearing public comment on imposing special assessments on certain property within the District generally described as the Flow Way Community Development District in accordance with Chapter 170, 190 and 197 Florida Statutes. 6IPage y FLOW WAY CDD January 13, 2015 16 Mr. Ward stated the final resolution that we will consider at today's hearing is to set the public hearing. That is not your normal board meeting date, and the reason that date has been picked is we need to provide 30 days' notice to all property owners. That will be sent out to all property owners tomorrow, so we must give them 30 days' notice by meeting back to that date, time and location. Hopefully you can make it. If you can't make it, we will need to restart this process, so hopefully your calendars will all be clear on that particular date and time. If you can handle it, then a motion to adopt Resolution 2015-4, setting the public hearing for February 17, 2015, at three o'clock at the Offices of Coleman, Yovanovich and Koester would be in order. On MOTION made by Mr. Berg and seconded by Mr. Asher, with all in favor, Resolution 2015-4 was approved. Mr. Reiter asked, Jim,just to keep Sal happy, can you send us a meeting notice? Mr. Ward stated absolutely. SEVENTH ORDER OF BUSINESS Staff Reports a) District Attorney No report b) District Engineer No report c) District Manager No report EIGHTH ORDER OF BUSINESS Supervisors Requests and Audience Comments Mr. Ward asked anything from the Board? The record will reflect that there are no members of the audience present. NINTH ORDER OF BUSINESS Adjournment Mr. Ward stated a motion to adjourn would be in order. 7IPage FLOW WAY CDD January 13, 2015 16 ' 1 On MOTION made by Mr. Burdett and seconded by Mr. Reiter, with all in favor, the meeting was adjourned at 3:22 p.m. h Jame . Ward Secretary John A4helr, Chairman r � 16k1 OATH OR AFFIRMATION OF OFFICE I, I r t.illSa3 -r , a citizen of the State of Florida and of the United States of America, and being an officer of the Flow Way Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Flow Way Community Development District, Col •er County, Florida. l Signatureff Printed Name: i'.r+t- %-b i STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this /f day of 2015, b j/Irl/G19.[j/ y /'i_',w#A/y /KA(oa/7- , whose signature appears hereinabove, who is personally known to me or who produced as identification. NOTARY P BLIC STATE O FLORIDA I _ JAhES P.WARD Conflsslon#EE 150403 Print Name ExpireSFeIniary26,2016 �.�•-- rr�iw�noyri,war=lo63e:--nte My Commission Expires: t4It MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Flow Way Community Development District's Board of Supervisors was held on Tuesday, February 10, 2015, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: John Asher Chairman Keith Berg Assistant Secretary Anthony Burdett Assistant Secretary Stephen Reiter Assistant Secretary Sal Simonetti Assistant Secretary (Arrived 3:37 p.m.) Also present were: James P. Ward District Manager Greg Urbancic District Counsel George Smith BMO- Bond Counsel (Telephonic) Jeremy Arnold District Engineer FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Ward called the meeting to order at 3:35 p.m. The record will reflect that all supervisors are present at roll call with the exception of Supervisor Simonetti. SECOND ORDER OF BUSINESS Consideration of Minutes a) January 13, 2015— Regular Meeting Mr. Ward stated you've been previously distributed a copy. If there are any additions, corrections or deletions, it would be appropriate at this time to so indicate. Otherwise, a motion for their approval would be in order. On MOTION made by Mr. Asher and seconded by Mr. Berg, with all in favor, the January 13, 2015, Regular Meeting minutes was approved. 1 IPage FLOW WAY CDD February 10, 2015 1b 1I. THIRD ORDER OF BUSINESS Consideration of Resolution 2015-5 of the Board of Supervisors of Flow Way Community Development District approving the removal of Wells Fargo Bank, National Association as trustee, registrar and paying agent for Flow Way Community Development District; approving U.S. Bank National Association as successor trustee and successor registrar and paying agent; authorizing the District Manager to provide such notices as are required to effectuate the foregoing removal of Wells Fargo Bank, National Association as trustee, registrar, and paying agent and the appointment of U.S. Bank National Association as the successor trustee and successor registrar and paying agent; providing for conflicts; providing for severability; and providing an effective date. Mr. Ward stated Resolution 2015-5 removes Wells Fargo Bank as your trustee for the Series 2013 Bonds and replaces them with U.S. Bank as trustee. The primary purpose of the change is related to the fact that Wells Fargo has moved their trust department out of Florida. They're now based in Pennsylvania and, to be quite frank, they're difficult to work with. As such, the resolution simply replaces the trustee with U.S. Bank, and they are also going to be the trustee on the Series 2015 Bonds, which is a part of the resolution that's next on your agenda. The fee structure that U.S. Bank has provided to you is consistent with what we have normally paid; I don't recall if it's slightly over or under the Wells Fargo number, but it's consistent with what I'm used to seeing from U.S. Bank. If you have any questions on the resolution, I'd be glad to answer them for you. Otherwise, it is in order and recommended for your consideration. The record will reflect that Supervisor Simonetti has joined us. On MOTION made by Mr. Asher and seconded by Mr. Simonetti, with all in favor, Resolution 2015-5 was approved. 2IPage FLOW WAY CDD February 10, 2015 le FOURTH ORDER OF BUSINESS Consideration of Resolution 2015-6 of the Board of Supervisor of Flow Way Community Development District authorizing the issuance of not to exceed $7,000,000 aggregate principal amount of its Flow Way Community Development District Special Assessment Bonds, [in one or more series] (the "Series 2015 Bonds"); determining certain details of the Series 2015 Bonds; approving the form of and authorizing the execution and delivery of a second supplemental trust indenture; authorizing the negotiated sale of the Series 2015 Bonds; appointing the underwriter; approving the form of and authorizing the execution and delivery of a contract of bond purchase contract with respect to the Series 2015 Bonds and awarding the Series 2015 Bonds to the underwriter named therein pursuant to the parameters set forth in this resolution; approving the form of and authorizing the distribution of the preliminary limited offering memorandum and its use by the underwriter in connection with the offering for sale of the Series 2015 Bonds and approving the execution and delivery of a final limited offering memorandum; authorizing the execution and delivery of a continuing disclosure agreement and the appointment of a dissemination agent, a true up agreement, an acquisition agreement, an assignment agreement, and a completion agreement; providing for the application of Series 2015 Bond proceedings; authorizing the proper officials to do all things deemed necessary in connection with the issuance, sale and delivery of the Series 2015 Bonds; making certain declarations; appointing a trustee; providing for the registration of the bonds pursuant to the DTC book-entry system; providing an effective date and for other purposes. 31Page FLOW WAY CDD February 10,2015 V 1 1 Mr. Ward stated the primary purpose of the meeting was the consideration of Resolution 2015-6, which was what we call a delegation bond award resolution. I know Mr. Smith is on the phone with us as your bond counsel, and I'll ask him to take some time and go through the pertinent business terms of the resolution with you. After questions from the Board, we'll ask for a motion to approve the resolution. Mr. Smith stated this is George Smith with the Law Firm of Bryant Miller Olive; we are bond counsel to the District, and we appreciate the opportunity to represent you. The resolution you have before you is to authorize not to exceed $7,000,000, an aggregate principal amount of your special assessment bond Series 2015. It approves certain matters in connection with those bonds, including a bond purchase agreement, as well as a second supplemental trust indenture, and a preliminary limit offering memorandum that will be used by the underwriter in connection with the offering of the bonds themselves. It also approves various other documents that will be used to make sure that those bonds are secured and repaid in a timely fashion, and it includes a bond purchase contract with the underwriter, as long as certain parameters are met. It delegates the authority to the Chair to enter that purchase contract, and those parameters are included in section six of the resolution under II. and I'll just go through those with you for one moment. It allows that the Chair may enter into that contract as long as the principal amount of the bond does not exceed $7,000,000, and as long as the interest rate is a rate not more than 300 basis points above the bond buyers 20 bond index, which was published in the month prior to the sale of the bonds. It requires that the price of the bonds be at not less than 98 percent, and the final maturity of those bonds be no later than November 1, 2048. I'd be happy to go through any portion of the resolution if there's any questions, but that's the main purpose of the resolution is authorizing entering the bond contract with the underwriter and allowing those bonds to be issued to finance the 2015 project. With that, I'll be happy to take any questions. Mr. Ward asked any questions from the Board? Hearing none, a motion to approve the resolution is in order. On MOTION made by Mr. Burdett and seconded by Mr. Simonetti,with all in favor, Resolution 2015-6 was approved. 4IPage 1 FLOW WAY CDD February 10, 2015 16 ' FIFTH ORDER OF BUSINESS Consideration of Resolution 2015-7 of the Board of Supervisors of the Flow Way Community Development District adopting continuing disclosure policies & procedures; and providing for severability and an effective date. Mr. Ward stated, as a way of some brief background, the continuing disclosure is a provision that we are required to enter into when we issue bonds. We did it for the 2013 bonds; we will do it again for the 2015 bonds. That provides that the District will report certain information on a continuing basis to the bondholders, and upload that to the national repositories. The form of the continuing disclosure that's attached to the resolution is consistent with what we've done for the 2013 bonds, and will be consistent for what we will do for the 2015 bonds. This is kind of like a belts and suspenders kind of resolution, since we also enter into an agreement as a part of the closing of those set of bonds related to the continuing disclosure. It is becoming significantly more important on an ongoing basis each year as the District issues debt. The important part is that it really requires us to not only disclose the information contained in this exhibit to the resolution, but it requires us to report if we do not report this information, that we have to notify the repositories that we did not receive the information from the primary developer. That's what we call a listed event pursuant to this disclosure information. If you have any questions with respect to the resolution, I'd be glad to answer them. Otherwise, it is recommended for your consideration. Mr. Asher asked what is the training requirement, the training of employees. Mr. Ward stated that would be me, but since I already know how to do it. Mr. Asher stated oh, it's for you. Mr. Ward stated yes, apparently, I am the employee pursuant to that. All it's really doing is saying that we have to report this information and, in the event that we don't, that we need to notify the national repository that we are not providing the information. Most of the information, if you look at it, is really related to the developer providing us the information on a regular basis. The yearly information that we are required to report, I actually report that information on a quarterly basis, but at the moment, it's primarily related 5 Page FLOW WAY CDD February 10, 2015 1 V I 1 to me, since I am your disclosure representative, pursuant to this continuing disclosure agreement. Any further questions? Hearing none, a motion to adopt the resolution is in order. rOn MOTION made by Mr. Asher and seconded by Mr. Berg, with all in favor, Resolution 2015-7 was approved. SIXTH ORDER OF BUSINESS Staff Reports a) District Attorney No report b) District Engineer No report c) District Manager I. Financial Statements—Interim as of December 31, 2014 Mr. Ward stated I have nothing for you. I've enclosed your December 31st, 2014, in your agenda package. If you have any questions with respect to them, I'd be glad to answer them. The District is kind of cruise control at this point, so there's really nothing that I need to bring to your attention. SEVENTH ORDER OF BUSINESS Supervisors Requests and Audience Comments Mr. Ward asked anything from the Board? The record will reflect that there are no members of the audience present. EIGHTH ORDER OF BUSINESS Adjournment Mr. Ward stated a motion to adjourn would be in order. On MOTION made by Mr. Burdett and seconded by Mr. Asher, with all in favor,the meeting was adjourned at 3:45 p.m. JamesJ4'Ward Secretary er,John Chairman 6IPage 16t1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Flow Way Community Development District's Board of Supervisors was held on Tuesday, February 17, 2015, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: John Asher Chairman Keith Berg Assistant Secretary Anthony Burdett Assistant Secretary Stephen Reiter Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel David Wilems District Engineer Brian Fender (Telephonic) FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Ward called the meeting to order at 3:00 p.m. The record will reflect that all supervisors are present at roll call with the exception of Supervisor Simonetti. SECOND ORDER OF BUSINESS Public Hearing a) Capital Improvement Program— Phase 3-Series 2015 Bonds I. Public Comment and Testimony Mr. Ward stated both your engineer and I made a presentation to you all at your last meeting with respect to both the construction program related to the infrastructure project for Phase 3, and I made a presentation to you with respect to your methodology, which we will not go through that again at this juncture, unless you want us to do that. This is a public hearing, so, Mr. Chairman, I would ask that you, by motion, open it up to any public comment or testimony. 1 IPage k1 FLOW WAY CDD February 17, 2015 �� On MOTION made by Mr. Asher and seconded by Mr. Burdett, , with all in favor, the opening of the public hearing to public comment and testimony was approved. Mr. Ward stated that the record will reflect that there are no members of the public present in person, nor have I received any written communications from any property owners with respect to your hearing today. On MOTION made by Mr. Asher and seconded by Mr. Berg, with all in favor,the closing of the public hearing to public comment and testimony was approved. II. Board of Supervisors' Comments Mr. Ward asked any Board members' questions or comments with respect to either the Engineer's report or the methodology, or would you like us to go through both of those with you today? It's your call. Mr. Asher asked there's been no changes since the last report? Mr. Ward stated no changes. Mr. Asher stated then I don't see any reason to go through them again then. Mr. Ward stated both David and I appreciate that. III. Consideration of Resolution 2015-8 of the Board of Supervisors of the Flow Way Community Development District authorizing District projects for construction and/or acquisition of infrastructure improvement; equalizing, approving, confirming, and levying special assessments on property specially benefitted by such projects to pay the cost thereof; providing for the payment and the collection of such special assessments by the methods provided for by Chapters 170, 190, and 197 Florida Statutes; confirming the District's intention to issue special assessment bonds; providing for true-up payments; making provisions relating to the transfer of real property to governmental bodies; providing for the recording of an assessment notice; providing for severability, conflicts and an effective date. (Minute Note: Resolution number is changed to 2015-8 from 2015-7) Mr. Ward stated this is Greg's resolution. I'll ask that you just take a few moments and go through that with the Board, I would appreciate it. 21Page FLOW WAY CDD February 17, 2015 1b Mr. Urbancic stated this is very similar to what we did on the first round, for those of you that were here. You will recall that at a prior meeting in January, we adopted two resolutions. One was to initially adopt a project, which was David's report, and to also adopt a special assessment methodology, which was Jim's report, and this flows on the heels of this. What it's reflecting is memorializing the fact that we already expressed our intent to undertake the project for the next phase, Phase 3, and develop an assessment methodology again, which Jim had prepared for that phase. We went through an extensive notice process, which we're required to by law, both advertising and also mailed notices, and it's a very extensive process, and one that it goes above and beyond, frankly. What this resolution does is it adopts a number of findings. It adopts the fact that we're adopting the report or formalizing the report. You are sitting as the equalization body here today in case we had any public that came and said, "Hey, this isn't fair because — ", and we didn't have that today. Now that we have the project, we're adopting a methodology that shows there's a special benefit, and how that benefit is going to be allocated, and it contains an assessment roll as to how the assessments will be allocated to the property. You're finding that it's in the best interest of the District to undertake the project, and to levy the cost of that project against the specific properties, and not all the property in the District, as you know, is being levied for this assessment, it's just a portion. Otherwise, this provides the method by which we'll collect. We'll use the uniform method of collection, which is the property tax rolls, and also this will provide for true-up payments, so when we go to the bond closings, we'll have a true-up agreement with the developer, which keeps things intact, so our assessment levies don't get out of whack. Those are the main points in this resolution. If anyone has any questions or comments, I'd be happy to address those. Mr. Ward asked any questions from the Board? Mr. Asher stated I have just a general question, not really relating to this, but I think Valerie in our office had received a question or a handful of questions from, I'm guessing, one of the prospective bond purchasers on whether certain things had been accounted for in our budgets, whether it' s an offsite improvement or the timing of that. If any of those 31Page FLOW WAY CDD February 17, 2015 16 , questions were brought up and somewhat valid, does this need to be addressed anywhere in any of these documents, or is it just something that can be an ancillary response to them? Mr. Urbancic asked it wasn't questions from somebody being assessed, it was somebody who might purchase bonds? Mr. Asher stated right. Mr. Urbancic stated I don't know that that's necessarily applicable to this resolution. Mr. Asher stated right. Mr. Urbancic asked was there a specific question? Mr. Asher stated I caught her passing in the hall, and said we do have a trigger that, I think, at our 400th CO we have to build an offsite roadway, but that's all been accounted for, and we've got it budgeted in our overall land development budget, so it's covered. But how would we get that information? Does that information need to get out formerly? Mr. Urbancic stated my guess is it maybe in the disclosure document, the offering memorandum, and maybe that's where the question came up, that they're reading the offering memorandum. Mr. Ward stated generally speaking, to the extent that it's outside of the context of this infrastructure program, and your underwriter thinks it's important enough for disclosure purposes, he will put it in a limited offering memorandum. Mr. Asher stated okay, so that's the place for those clarifications. Mr. Ward stated right. Mr. Asher stated and it could be edited up to the last minute before. Mr. Ward stated it generally is. Mr. Urbancic stated yes, the gentleman who's on the phone, Brian, he's the one that's primarily in charge of disclosure documents, so he's always looking at the land use stuff. So if before we go to print on the final offering memorandum, if we need to have a conversation about that, we would open up that dialog with Brian. Mr. Asher stated and I'm guessing Valerie may have already reached out to you or will in the near future. Mr. Urbancic stated yes, I haven't heard anything. Mr. Asher stated she thought she had some of the questions already answered or had information on it, but, again, it was a quick what if and move on. 41Page FLOW WAY CDD February 17, 2015 16 , 1, Mr. Urbancic asked any other questions? Mr. Ward stated hearing none, a motion to adopt Resolution 2015-7 is in order. On MOTION made by Mr. Asher and seconded by Mr. Burdett, with all in favor, Resolution 2015-8 was approved. THIRD ORDER OF BUSINESS Consideration of Agreement with FMSBonds and G-17 Disclosure related to the Series 2015 Bonds. Mr. Ward stated all the agreement really does is identify the same terms and conditions that we operated under when we issued our 2013 Bonds and provides for certain disclosure pursuant to the Securities & Exchange Commission (SEC) rolls also, which was disclosed to you at the same time we did the 2013 Bonds. If you have any questions with respect to the agreement, I'll be glad to answer them for you. Otherwise, it is recommended. Mr. Asher asked is this the agreement? Mr. Ward stated yes, pretty short and sweet. Mr. Urbancic stated section two is their payment terms. I think that is the same as what we had previously. Mr. Ward stated and as I said, these are exactly the same as what we did for the 2013 Bonds. On MOTION made by Mr. Asher and seconded by Mr. Reiter, with all in favor, the Agreement with FMSBonds and G-17 Disclosure related to the Series 2015 Bonds was approved. FOURTH ORDER OF BUSINESS Staff Reports a) District Attorney No report b) District Engineer No report c) District Manager No report 5 IPage 16H FLOW WAY CDD February 17, 2015 FIFTH ORDER OF BUSINESS Supervisors Requests and Audience Comments Mr. Ward asked anything from the Board? The record will reflect that there is no members of the public present. SIXTH ORDER OF BUSINESS Adjournment Mr. Ward stated a motion to adjourn would be in order. On MOTION made by Mr. Burdett and seconded by Mr. Asher, with all in favor,the meeting was adjourned at 3:11 p.m. e, _ --.. James P./Ward Secretary John Scher, Chairman 6IPagc 1611 ,,,,r am, A �'r— " EEING-� WOOL SWEATER. ��1 I ( / • 11 lar NAPLES DAILY NEWS a N' Published Daily I Naples,FL 34110 ,as ti by win Affidavit of Publication �� * i I I red State of Florida M3 t°'"' nts. Counties of Collier and Lee rags the I rs, oN,VoUeiof Before the undersigned they serve as the authority,personally $ I HAVE"ton appeared Daniel McDermott who on oath says that he serves as ALL THE the Inside Sales Manager of the Naples Daily News, a daily ates. newspaper published at Naples, in Collier County, Florida; A tress distributed in Collier and Lee counties of Florida; that the 1 the attached copy of the advertising,being a I #1/4.. and Tents Auto PUBLIC NOTICE $L is ollect ie tax ® 'base 6 W Int as in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on January 28,2015. IF I WERE ADRIFT ON A RAFT VD N MIDDLE OF THE OCEAN,YOU'D FLO �TC$55 ME A LIFELINE FROM l i t Affiant further says that the said Naples Daily News is a newspaper '/a j YOUR CRUISE SHIP, a,� to the WOULDN'T YOU?- 1 lit published at Naples, in said Collier County, Florida, and that the said -_ newspaper has heretofore been continuously published in said Collier ) la Law Count >~'lorida; distributed in Collier and Lee counties of Florida A DEPENDS. for.�-` S ,ay be each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one lstact E aired. year next preceding the firstpublication of the attached copyof 1 • `'4' yy 1 P � v�,«'` � Ides to advertisement; and affiant further says that he has neither paid nor t,w,,, promised any person, firm or corporation any discount,rebate, r. zs which edtoa commission or refund for the purpose of securing this advertisement for publication in the said s aper. Q � T DO THE.`( NAVE A TNE`( --�-C /L ) LOOK CAMOUFLAGE y TO FI (Signature of affiant) LIKE..? PATTERN ? s { Sw m to an• sub•cribe• before me _e 'l 3rd da •• -brua, `2Ol5 n lllllllluti' �� 1 II (Signature of notary public) aIIIII III Za.��t _ ce :ate'► ..,, CAROL POLIDORA r r P •Plato of Florid ., aloe s FF 185830 ,...1,—, I Clow Empires Doc 28.2018 Daft Mabry Ann. 161 1 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT NOTICE OF PUBLIC HEARING RELATING TO PUBLIC IMPROVEMENTS AND LEIN OF 1W11 A0 VALOREM SPECIAL.ASSESSMEi1TS NNO VURUG MEETt % NAPLES DAILY NEWS The Board of Supervisor's of the Flow Way Cormmuntty Development District will conduct a public hearing and a regular Published Daily nee on 11,7015 at 3.d6 p.m.,at time orates of Warren,`ry anairth a Koester,gA,coal Smrimarn•stain to., Naples,FL 34110 Sure 300,Naples,Florida. Da°apses of the Risk tlaazacq,is to more:out*.comment and oblariioostn Oa kenr .yt O Ot special esseramats to finance and secure certain public inmprovements d the Flow Way Community Development District(the*District')as Affidavit of Pu bIi c at Waldrop describedFa knpineermrgthe Flow inc.ay Community Development a D(tr,e"istrict Phase 3,r,sePa Engineer's,a Report for thectwh 2015it?,Project prepared by , and dated necembe;zm Enp T epori') d*tiO(t Prope►ifea is anown State of Florida below,to consider the adoption of an assessment mot,for the uniform collection and enforcement of the assessments, The District intends to provide infrastructure inprdvertreiits benefiting property within the District'fnctu g,but not limited Counties of Collier and Lee 1o,surface water management facilities,ut ,in1gat$on.imprpvementa,exterior landscape Improvements,irk, Janda:ening,environmental mitigation and monttakmg,off-ate Improvements,and other public infrastructure Improvements. The PutfiC t vaarnp wdh be 1xmalnxTEd outwit To CYnn�flt•e T14 send 580 and TBi,F aurrda Statutes.beady**areas, Before the undersigned the serve as the District P� (as> acontained elow)ivin be improved.m the Engineer's A description of the property to be assessed,the nature of the Yrgi Report)and the amount to be assessed to each piece or parcel of appeared Daniel McDermott who on F�be obtained at j'e officeswoof the District Manager,JPWard aAssociates,LW,2041 NE 8th Terrace,wain Inside Sales Manager°fate Napless The Distract intends to impose assessments on the benefited properties will*tie District in the manner set forth in the newspaper published at Naples,in C• *0dat Assessment meth0dology for Flow Way Community Development District prepared by JPWard&Associates, distributed in Collier and Lee countie ij-C.arwied abovedat tanuary The lass sme t Aeport for ie niti3ally ail tee asses men ros ai to the public at the address a attached copy of the advertising, bein coat aNacation method based upon Platted Pastel Wei and"tie srhnedrAstd �, 1ti, ertY le i District will be assessed in the principal amount nobto exceed$4,800 000.00,In the manner described in the assessment Report. The total amount'to be levledegainst benefited property within the District is S4,800,000.00,exclusive of fees and PUBLIC NQTICE �of collection or enforcement,gross up for early payment discount and the annual interest costs The assessments may be prepffid nit hurdle in sortie*loam tr may be paid in not more Mari Thirty y301)annual instilinner*s,m diuth g• any capitalized interest period,subsequent to the Issuance of debt to finance the improvements. The District will collect and enforce these assessments in accordance with Florida law,including but not limited to the use of the use of the tax in the matter of PUBLIC NOTICE 3cdttector Amounts preliminary at metrics The t�payment discount as was published in said newspaper 1 ti effmied by the uniform collection law. on January 28,2015. Parcel Type Number of units Total Assessment Estimated animal Assessment 52'Lot •64 $32.263.31 $2,451.12 76'Lot 23 $63,240.14 $4,804.51 Affiant further says that the said Na• 90'Lot 18 $71,145.84 $5,405.13 published at Naples, in said Collier Co `riot PrePertY do wnn t e Dis t went pets; t epp„blto iaccardfat the puictr hearing and itte r ecu file I newspaper has heretofore been continu ,should be filed with the District's Manager at 2041 NE fah Terrace,Wilton Manors,FL 33305. _ _ _ CQunty,Florida distributed in Collier i This Board meeting is open to the public and will be conducted in accordance with the provisions of the Florida Law ty Develop„'"nt Districts. This Board meeting may be continued to a date and time certain which may be each day and has been entered as secon fa Cement e me ni office in Naples, in said Collier Count `h at the meeting �+r person wiring special accommodations to participate in this nearing and meeting is asked to contact the District year next preceding the first pttblicatio office et 954-658-4900 at least five calendar days pnorto the veering end meeting, if you are hearing or speech knpeked, advertisement;and au ant further says please contact the Florida Relay Service at 1-800-955-8770,for aid in contacting the District Office. promised any person, firm or corporati There may when one a more members dthe Board will participate by Phone• Each person who decidesto appeal any decision of the Board with respect to arty Wetter considered at the hearing or at the meeti g,such person wlq commission or refund for the purpose o need a record of the proceedings and should accordin y ensure that a verbeHm record of the proceedings is made,which publication in the said n includes the testimony and evidence upon which sughappeal is to be based, The public hearing may be continued to a S aper. date and time certain that will be announced at the treeing. i Flow Way Community Development District James P.Ward,District Manager (Signature of affiant) - _ -- '• S fin to an. sub•cribe• before me — i K s3rdda • briar ;i?O15 ': / A ► � 1 � . — -- (Signature of notary public) �— No.231123931 January 28.2015 nun. •,,'► p Y;" ,r, CAROL pouDoft '''''s,*1",,,:....7.1.,•ii:',.'•* :11114411"1411.10111:164g• NNW GN►M Ore!a,?Ota 16 I 1 WAIF i BILLING PERIOD ADVERTISER/CLIENT NAME EINNa.p1r,L B ai1j Nem 02/10/15 - 02 10/15 FLOW WAY COMMUNITY DEV. DISTR. naplesnews.com TOTAL AMOUNT DUE *UNAPPLIED AMOUNT CI TERMS OF PAYMENT SCRIPPS 1,206 .96 33Er0622 Net 10 Days PHONE 239-435-3450 FAX 239-263-4703 a CURRENTNETAMOUNT DUE 69 30 DAYS 60 DAYS OVER 90 DAYS ADVERTISING INVOICE and STATEMENT 7 INQ/OICE N1 ' / PAGEO#'O7§I WNG DATE • BILLED ACCOUNT NUMBER ADVERTISER/CLIENT NUMBER 0 BILLED ACCOUNT NAME AND ADDRESS p REMITTANCE ADDRESS FLOW WAY COMMUNITY DEV. DISTR. l,leelelelI,ef,lelII,e,ll,lle,4le„ll,l,IfL„el,,l JAMES WARD NAPLES DAILY NEWS 2041 NE 6TH TERR P. O. BOX 630790 WILTON MANORS FL 33305 CINCINNATI, OH 45263-0790 000334062200001206960 PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE ID DATE dJ NEWSPAPER REFERENCE 12/13/14 DESCRIPTION-OTHER COMMENTS/CHARGES IDBI SLED UNITS 18 TIMES TRUN GROSS AMOUNT 0 NET AMOUNT 02/03 59763822 RESOLUTION NO. 2015- 2x71L 2 1,206.96 02/10 4A RESOLUTION OF THE NDN/FR,WEB/FR 0114 2046101 STATEMENT OF ACCOUNT AGING OF PAST DUE AMOUNTS a)CURRENT NET AMOUNT DUE a. 30 DAYS 60 DAYS OVER 90 DAYS "UNAPPUED AMOUNT TOTAL AMOUNT DUE Collection costs _ncurred on unpaid balances will be charged to your acct. Any questions call (239)435-3450 1,206_9g �� PHONE 239-262-3161 E.W.SCRIPPS NEWSPAPERS lllj Atwits BMiJtj Nrws 1100 Immokalee Road FAX 239-263-4703 'f°'IF2S Naples,Florida 34110 FED ID#31-0934851 'UNAPPLIED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DUE naplesnews.com P Qj INVOICE NUMBER ADVERTISER INFORMATION BILLING PERIOD BILLED ACCOUNT NUMBER ADVERTISER/CUENT NUMBER ADVERTISER/CLIENT NAME 3340622 02/10/15 - 02/10/15 059678 FLOW WAY COMMUNITY D NNMG Invoice Rev 0614 • � iN le l / Naples Daily News NOT Naples, FL 34110 em A RESO-OW WAY COMMUNITY Affidavit of Publication , own(BE HELD ONFEBRUARY 17,2013VANOVICH&KOESTER, Naples Daily News ndsofp; P.A, 4LORIDA34103,FORTHE PURPOI SPECIAL ASSESSMENTS + —LJILS tI) 01 CC RTArESCRIBED AS THE FLOW WAY (D_ANCE WITH CHAPTERS FLOW WAY COMMUNITY DEV. DISTR. stem. Si] no, EFFECTIVE DATE. JAMES WARD erved me 'f Flow Way NCo. 2015-y Develo{1 Resolution No. 2015- 2041 NE 6TH TERR l 7 entitlec WILTON MANORS FL 33305 Lth file- A RELtIEN WAY COMMUNITY THE I DEVELAENTS; INDICATING THE LOCATIIMPROVEMENTS WHICH ingmg inj COST li SPECIAL 4SSESSMENTS; PROVIl1E IMPROVEMENTS TO BE DEFRASMENTS;PROVIDING THE REFERENCE: 059678 WHEMANNSI BEN•MADE;PROVIDING �L WHICFPGPROVIDINGN F%I The prod ASSES!MENT ROLL;PROVIDING 59763822 RESOLUTION NO. 2015— FORAAND PROPRIETY OFSAID ASSESSV,DING FOR,NOTICE OF ling an SAID OF THIS RESOLUTION; State of Florida riealthca E AND PROVIDING AN Counties of Collier and Lee 1 . ``s-3,a preliminary assess- Dnders at merit rtedent set forth r�1.Chap- Before the undersigned authority, personally , terst7heafocementioneu public• hearintumersts are,available for_ appeared Dan McDermott, says that. he serves as the Lee, Chl ,.�°b,; „�o „400,sar ;. Inside Sales Supervisor, of the Naples Daily News, reties. amiTrfthe 3305tManagerat 1PWarclorida 33305. a daily newspaper published at Naples, in Collier I NE SUPERVISORS'OF FLOW WAY< County, Florida: distributed in Collier hgtobeheldonFebruary and Lee counties of Florida; that the attached `em, pati 17,20}Ich&'Koester,P.A.,4001 copy of advertising was published in said d are ui Tamiarf the purpose of hearing n commessessment program for 7 commr35sessment roll,a cowl newspaper on dates listed. whichh & Koester, P.A., 400, ler or am' TamiaR offices of the District Affiant further says that the said Naples Daily I Manase,Wilton Manors, Florida News is a newspaper published at Naples, in said hig " detcri areas t° be improved; e a ill hl deYvip expected to be assessed Collier County, Florida, and that the said I to erne ti may appear atsame hearinmeeting and submit same newspaper has heretofore been continuously `ve slzrget to thsociates, LLC 2oa1 NE 6 Terraci day and has been entered as second class mail its are ava irtised in accordance with matter at the post office in Naples, in said ha patient Chaptrstrrct Manager is hereby aufhorper of general circulation publislweek apart with the last Collier County, Florida, or a period of 1 year publictanng established herein). I The Lich the District Secretary next preceding the first publication of the i andfdroof ish furtherime, authorized attached copyof advertisement; and affiant �r thshandinetieinsuchpl notice acecf .x the ariner,naldescription of the further says that he has neitherpaid nor _ areas kiting all assessmentst 001 be as & Koester, PA., cool promised any person, firm or corporation any at, of the District Manager at 1PVBnors,Florida 33305. The discount, rebate, commission or refund for the Secreffidavit with the District purpose of securing this advertisement for yentsor provisions herein . ontaiof law or contract to the publication in the said newspaper. i4� olicylnst public policy,or shall .4" for ar.ovenantts, agreements or tied m PUBLISHED ON: 0 2/0 3 0 2/l a l a rremaidl in separabledo wa effect the A +iflic herl:with.are,to the extent • ' ,rrt ...se Its adoption. PO . FLOW By: . AD SPACE: 188 LINE ` ' i James No 7046101 FILED ON: 02/10/15 Signature of Affiant ' ( ____.) At' Sworn to and Subscribed e ore me i ; >` day of bir 20/`/ O Personally known by me II:��` f�' Notify Public-State of Florida I. CommNeioo 0 FF 185630 , •<;rr My Comm.Expires Dec 28,2018 . ' "' *Mod through Notional Notary Assn - t._.A 16 I 1 Naples Daily NOTICE NOTICE Nap 1 e s, FL 3 RESOLUTION NO.2015-4 A RESOLUTION OF THE BOARD OF SUPERVISORS OF.FLOW WAY COMMUNITY Affidavit of Pu DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD ON FEBRUARY 17,2015 AT 3:00 P.M.AT THE OFFICES OF COLEMAN,YOVANOVICH&KOESTER, Naples Daily PA., 4001 TAMIAMI TRAIL NORTH,SUITE 300,NAPLES,FLORIDA 34103,FOR THE PURPOSE OF HEARING PUBUC COMMENT ON IMPOSING SPECIAL ASSESSMENTS OIL CERTAIN PROPERTY WITHIN THE DISTRICT GENERALLY DESCRIBED AS THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH CHAPTERS 170,190 AND 197,FLORIDA STATUTES;AND PROVIDING AN EFFECTIVE DATE. FLOW WAY COMMUNITY DEV. DISTR. • WHEREAS, the Board of Supervisors("Board") of Flow Way Community JAMES WARD Development District (*District') has previously adopted Resolution No. 2015-3 2041 NE 6TH TERR entnl A RESOLUTION OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY WI LTON MANORS FL 33305 DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHICH COST IS TO BE DEFRAYED IN WHOLE OR IN PART BY THE SPEOAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYED IN WHOLE OR IN PAST BY THE SPECIAL ASSESSMENTS;PROVIDING THE REFERENCE• 059678 MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE;PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE;DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE, LEVIED; PROVIDING FOR AN 59763822 RESOLUTION NO. .2015 OR A PUBLIC HE RING OTO OI6ID RETHE IADV SABILLIIY AND OPRIEPTY OF SAID ASSESSMENTS AND THE RELAYED IMPROVEMENTS;PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVDING FOR PUBLICATION OF THIS RESOLUTION; State of Florida PROVIDING FOR CONFUCTS;PROVIDING FOR SEVERABIUTY;AND PROVIDING AN EFFECTIVE DATE. Counties of Collier and Lee WHEREAS, in accordance with Resolution No. 2015-3, a preliminary assess- Before the undersigned authority, ne ..., met roll hasweal beenprepared araidall other conditions ndi precedent set forth in Chap- 7 I , �." i dix'3 of the a:fa!emaMJnoed., hfl appeared Dan McDermott, says that he serve hearing have beent sae offi,ant the roll and related documents are availab a for y anti Tra If N.,Suite 300e Naples R 3410 nand a ooffices of Koester, ist,a Manage1'Semi- Inside Sales Supervisor, of the Naples Dai JPYYard&Associates,LLC,1041NE6Terrace,WiltonManors.Florida33305. a daily newspaper published at Naples, in NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS'OF FLOW County, Florida: distributed in Collier WAY COMMUNITY DEVELOPMENT DISTRICT: Section 1. There is herdly declared a public hearing to be held on February and Lee counties of Florida; that the atta 17,2015 at 300 p.m.,at the ofices of Coleman,Yovanowch a Koester,P.A.,4001 Tamiami Trail North,Suite 300,Naples, Florida,34103,for the purpose of hearing copy of advertising was published in said comment and objections to the proposed special assessment program for newspaper on dates listed. whiichh"K on improvements office as ofColeman, Yd in the ova ryes&sKe�roll,P.A.,copy 4001 Tamiami Trail N., Suite 300, laples, FL 34103 and the offices of the District Affiant further says that the said Naple Manager at JPWard &Associate, LLC, 2041 NE 6 Terrace, Wilton Manors, Florida 33305. Said Preliminary asseement roll indicates the areas to be improved, News is a newspaper published at Naples, 1 description of the project to be assessed and the amount expected to be assessed tCollier -County, Florida, and that the said or ufited their orco parcel property. Affected th parties may appear Ita thate hearingor submit their commeAs in writing,prior to the meeting and submit same newspaper has heretofore been continuously to :he Wiltonof the Districtoia Reneger at JPWard & Associates, LLC 2041 NE 6 Terrace,Wiho Manors,Florida 3i305. day and has been entered as second class m. section 2. Notice of said hearing shall be advertised In accordance with matter at the post office in Naples, in sa Chapters 170, 190i andt 1o7 Pamela Statutes,iceand thew aptrict Managereera is hereby authorized and directed to plan said notice in a newspaper of general circulation Collier County, Florida, for a period of 1 publishediwithin Collier Counweek forby two publicationsaf one week apart stab wshed the last publication at least one week lice to the date of the hearing established herein). next preceding the first publication of the The DistrictsManager shall files publisher's affidavitat with the DQ Secretary verifying such publication of mice. The District Manager is further authorized andattached copy of advertisement; and of f i ant this directed d t t(3wn)thirty aysp written noticee by mail f tncl time andu place of notice this hearing to the owners of a property to be assessed and include in such notice further says that he has neitherpaid nor tre amount of the assessments or each such property owner, a descriptionesm os the areas to be improved and note that information concerning all assessments may bepromised any person, firm or corporation a1 Tamiami ascertained at thee officesNfrf Coleman,3413theovice & Koester,Dist P.A., 4001 Manager Trail N.,Suite 300,Najes,FL 34103 or offices of the District Manager discount, rebate, commission or refund for atriot JPWard n ger Associates,hall 01 E 6 Terrace,Wilton Manors,av Florida 33e05. The District Manager shall file prof of such mailing by affidavit with the District purpose of securing this advertisement for Secretary. • Session 3. If any on of any covenants,vgronmenta or provisions herein publication in the said newspaper. contained shall be held contranto any express provision of law or contract to the policy of express law,but not ipressly prohibited or against public policy,or shall for any reason whatsoever beheld invalid, then such covenants, agreements or provisiornss shall be null and mid and shall be deemed separable from the PUBLISHED ON: 0 2/0 3 0 2/10 validity of the co enanther stage o m eta or provisions and shall in no way effect the Section 4. All resolulins or parts thereof in conflict herewith are,to the extent of such conflict supersede and repealed. Section S. This llesolution`sall become effective upon its adoption. PASSED AND ADOPTED this3th day of January,2015. FLOW WAY COMMUNITY DEVOPMENT DISTRICT AD SPACE: 188 LINE BY: P.Wa,d,District Manage • FILED ON: 0 2/10/15 February lain 26t No 10461°' Signature of Affiant , , ") .* ___,-)—(f. Sworn to and Subscribed a ore me i i day of 20 Personally known by me ...... _ r fr1s' i RO RY Pie*-Beata of Florida ir. CO too•FF 165630 c. k ,-,, COWL Expires Dec 26,2018 'p 1rPMMllror/t Nmond Notary Assn 1d I 1 PECIAL NAPLES DAILY NEWS TO BE THE Published Daily of H SUCH Naples,FL 34110 LANDS ARY Affidavit of Publication OFETM S State of Florida ai' plan, Counties of Collier and Lee certain ("Master Waldr Before the undersigned they serve as the authority,personally t `.. ,! ia appeared Daniel McDermott who on oath says that he serves as 03and Inside Sales Manager of the Naples Daily News,a daily fcuiaily newspaper published at Naples,in Collier County,Florida; . distributed in Collier and Lee counties of Florida;that the ,all , ,Pots attached copy of the advertising,being a eats and 1 PUBLIC NOTICE levying, ►f in the matter of PUBLIC NOTICE ''~ . was published in said newspaper 1 time in the issue , . . Phase on February 3,2015. f ltlllll • •,FL , i.Affiant further says that the said Naples Daily News is a newspaper i • by the published at Naples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier r THAT: County,Florida;distributed in Collier and Lee counties of Florida, • each day and has been entered as second class mail matter at the post •• and office in Naples, in said Collier County,Florida,for a period of one District year next preceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor "m promised any person, firm or corporation any discount,rebate, .. :ted commission or refund for the p se of securing this advertisement for a offices public tion in the said newspa • Phase 3, /1 d further `""[lV/ District (Signature of affiant) and the sr��+..r S • to and .u..cri.•d before me 1 T i andT 9th day • -bru. ,2415 L + :n the / same •� I A p NAPLES masbe on (Signatill of notary public) , y CAROL POUDONA other oir; ' of the *. tiMuy Ptak•NitsOt Florida .;and • canoeist I Ff 115130 • My Cum.Empires Dsc 2t1 z o 1 tl N ''',;.'..,:.1,--....-a :F yam— .w.,.:J •••/IIN Maw tiaat�NMI*try Aaaa. _ _ ,and li~ Y law or 16114 RESOLUTION NO.2015-3 A RESOLUTION OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DEVELPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS;INDICATING THE LOCATION,NATURE AND ESTIMATED COST Of THOSEMPROVEMENTS WHICH COST IS TO BE DEFRAYED IN WHOLE OR IN PART BY THE SPECIAL ASSESSMENTS;PROVIDING THE POrioN OF THE ESTIMATED COST OF THE NAPLES DAILY P IMPROVEMENTS TO BE DEFRAYED IN WHOLE OR IN PART BY THE SPECIAL ASSESSUNTS;ROVIDING THE MANNER IN WHICH SUCH Published Daily SPECIAL ASSESSMcNTS SHALL BE MADE;PROVIDING WHEN SUCH SPECIAL AcsrAterN3 SHALL BE MADE;DESIGNATING LANDS Naples,FL 34110 UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED;PROVIDING FOR AN ASSESMENT PLAT,ADOPTING A PRELIMINARY ASSFCSMENT ROLL;PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILRMND PROPRIETY OF SAID ie9FSSMENTS AND THE RELATED IMPROVEMENTS;PROVIDING FOR NOTICE OF SAiD PUBLIC HEARINC PROVIDING FOR PUBLICATION OF THIS Affidavit RESOLUTION;PROVIDING FOR CONFUC'tS;PROVIDING FOR SEVERABILITY;AND PROVIDIG AN EFFECTIVE DATE. State of Flor WHEREAS,the Board of Supervisors of Flow Way Community Development District(the'Boend')ereby determines to undertake,install,plan, establish,construct,reconstruct,enlarge or extend,equip,acquire,operate and/or maintain certain ublic Improvements described In that certain FlowWay Community Development District Master Engineer's Report prepared by Waldrop Ergin ing,Inc.and dated August,2013("Master Counties of C Engineer's Report'),as supplemented by that certain Flow Way Community Development District Phe 3 for the 2015 Project prepared by Waldrop Engineering,Inc.and dated December,2014(`Supplemental Engineer's Report"). Both the Masr Engineer's Report and the Supplemental Before the unde Engineer'sReport ort are maintained on file at the offices of the District Manager,JPWard&Associate.LLC,2041 NE 6th Terrace,Wilton Manors, FL 33305 and at the offices of the District Attorney,Coleman,Yovanovich&Koester,PA,4001 Tammi Trail N.,Suite 300,Naples,FL 34103 and appeared Dame are incorporated herein by reference. The public improvements associated with Phase 3 and the 215 Project,and which are more particularly Inside Sales M described In the Supplemental Engineer's Report,are hereinafter referred to as the'lmprovements'Yd newspaper publ WHEREAS,Flow Way Community Development District(the'District"is errpowered by Chepte190,the Uniform Community Development distributed' C District Act of 1980,Chapter 170,Supplemental and Alternative Method of Making Local Munich Improvements,and Chapter 197,Florida Statutes,to finance,fund,plan,establish,acquire,construct or reconstruct,enlarge or extend,equipsperate,and maintain the Improvements and attached copy to impose,levy,and collect the Assessments(as defined below);and WHEREAS,the Board finds that it is in the best interest of the District to pay all or a portion of the col of the Improvements by imposing,levying, PUBLIC NO and collecting special assessments pursuant to Chapters 170,190,and 197,Florida Statutes(the'4eeasments');end WHEREAS,the District hereby determines that benefits will accrue to the property benefited by thetrnprovements,the amount of those benefits, and that the Assessments will be made In proportion to the benefits received as set forth in that certn Special Assessment Methodology for Flow in the matter o Way Community Development District prepared by JPWard&Associates,LLC and dated January 1 2015(the"Assessment Report,for Phase was published 3,a copy of which is maintained on file at the offices of the District Manager,JPWard&Associates,LC,2041 NE 6th Terrace,Wilton Manors,FL 33305 and at the offices of the District Attorney,Coleman,Yovanovich&Koester,PA,4001 Tamiai Trail N.,Suite 300,Naples,FL 34103,and on February 3, which report Is incorporated herein by reference;and WHEREAS,the District hereby determines that the Assessments to be levied will not exceed lb benefits to the property benefited by the Affiant furth imPovem""ts• published at N NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DEVELOPMENT DISTRICT THAT: a er has won 1.The foregoing recitals are hereby incorporated as the findings of the Board. newspaper Section 2.Assessments shall be levied to defray a portion of the cost of the Improvements. County,Florida Section 3.The nature and general location of,and plans and specifications for,the Improvementrare described in the Engineer's Report and maintaines Officfile at the offices of Coleman,Yovenovtch&Koester,PA,4001 Tamiami Trail N.,bite 300,Naples,FL 34103 and the District each day and h2 , Manager'office in Naplel Section 4.The total estimated cost of the Improvements Is approximately 33,453,574.71(the'Estineted Cost'. year next precei Section 5.The Assessments will defray approximately 54,800,000.00 In bonded indebtedness whdt includes,without limitation,the Estimated advertisement' Cost,plus financing related costs,capitalized Interest a debt service reserve end contingency. Section 8.The manner in which the Assessments shall be apportioned and paid is set forth in the Assesment Report(which report Is Incorporated promised any p herein by reference),including provisions for supplemental assessment resolutions.The Assesemet Report is also available on file at the offices l 1 commis—sion or m C a)ccastec PA.4001 Temlaav Trail i t,Suds 90q A FL 341D3acd PuDiat icf Manages Section 7.The Assessments shall be levied In accordance with the Assessment Report referenced abve on ail lots and lands constituting Phase 3, ubli tion in t within the District,which are adjoining and contiguous or boundingand abuttinguponthe I publi nnpnovermts«speciaNy benefited thereby and further designated by the assessment plat hereinafter provided for. n Section 8.There is on file in the offices of Coleman,Yovanovich&Koester,PA,4001 Tamiami Trail ty Suite 300,Naples,FL 34103 and the District '-"V Manager's Office,an assessment plat showing the area to be assessed,with the plans and specifietions describing the Improvements and the (Signature ofaf&tinged Cost a>Pofwhit'r she be aporr to arago lior ray.Ala pcbik. Section 9.The District Manager has caused to be made a preliminary assessment roll,in accardane with the method of assessment described In the Assessment Report on Exhibit'B',which shows the lots and lands assessed within Phase 3,11e amount of benefit to and the Assessment against each lot or parcel of land and the number of annual installments Into which such Asseesmterrtney be divided,which is hereby edogtedarrd to and approved as the District's preliminary assessment roll. S Section 10.Commencing with the year in which the Assessments are certified for collection and subsequent to any capitalized interest period,the ' 9'h day f Assessments shall be paid.i),,oi mom than PLO thirty)assrly inatallmards TheAssassmards may by payable at the same time and in the same manner as are ad-valorem taxes and collected pursuant to chapter 197,Florida Statutes;provided,however,that in the event the uniform non l ad-valorem assessment method of collecting the Assessments is not available to the District in any leer,or if determined by the District to be In its best interest,the Assessments may be collected as is otherwise permitted by law. (Signature of q Section 11,The Board shall adopt a subsequent resolution to fix a time and place at which the mars of property to be assessed«anty other persons Interested therein may appear before the Board and be heard as to the propriety and advisrbllity of the Assessments or the making of the Improvements,the cost thereof,the manner of payment therefore,or the amount thereof to be assessed against each property as improved;and to authorize such notice and publications of same as may be required by Chapter 170,Florida Stables,or other applicable law. Section 12.The District Manager is hereby directed to cause this resolution to be published twice(once a week for two(2)weeks)in a newspaper of general circulation within Collier County and to provide mailed notices to the owners of the property subject to the proposed Assessments and such other notice as may be required by law or deemed In the best interest of the District Section 13.if any one of the covenants;agreements or provisions herein contained shall be held contrary to any express provision of law or contract to the policy of express law,but not expressly prohibited or against public policy,or shall for any reason whatsoever be held invalid,then such covenants,agreements or provisions shall be null and void and shalt be deemed separable from the remaining covenants,agreements or provisions and shall In no way effect the validity of the other provisions hereof. Section 14.All resolutions or parts thereof In conflict herewith are,to the extent of such conflict,superseded and repealed. Section 15.This Resolution shall become effective upon its adoption. PASSED AND ADOPTED this 13th day of January,2015. NORM Referenced Reports Flow Way Community Development District Phase - 3 Engineer's Report for the 2015 Project prepared by 1 C:1 Waldrop Engineering,g,Inc.and dated Decemtber,2014. { . SAsaetil .is essiesr i Meth y kit' now May I - $woo COO er fL— Colrmrauy Development District prepared by JPWard • , ' &Associates,LLC and dated January 13,2015,for .I" , , Phase 3. 2 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT r 1 ti iE ` ; e # a� v Br James P.Ward,District Manager , �r _- _ r I — -it-':.,_C' -• 16I 1 THE MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Flow Way Community Development District's Board of Supervisors was held on Tuesday, May 12, 2015, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: John Asher Chairman Keith Berg Assistant Secretary Anthony Burdett Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Elden McDirmitt McDirmitt Davis&Co. FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Ward called the meeting to order at 3:00 p.m. The record will reflect that all supervisors are present at roll call with the exception of Supervisors Reiter and Simonetti. SECOND ORDER OF BUSINESS Consideration of Minutes a) February 10, 2015 Mr. Ward stated if you have any additions, corrections or deletions, it would be appropriate at this time to so indicate. Otherwise, a motion for their approval would be in order. On MOTION made by Mr. Asher and seconded by Mr. Berg, with all in favor, the meeting minutes of February 10, 2015, was I approved. b) February 17, 2015 Mr. Ward stated any additions, corrections or deletions? Hearing none, a motion to approve them would be in order. 1i FLOW WAY CDD M Y 6 I 1 May 12, 2015 q On MOTION made by Mr. Berg and seconded by Mr. Asher, with all in favor, the meeting minutes of February 17, 2015, was Lapproved. THIRD ORDER OF BUSINESS Consideration of the acceptance of the Audited Financial Statements for the Year ended September 30, 2014. Mr. Ward stated the auditor who prepared them from McDirmitt Davis, Elden McDirmitt is on the phone with us, and I'm going to ask Elden to take a few minutes and go through those with you. After which if you have any questions, he'll answer them, and then a motion to approve them would be in order. Mr. McDirmitt stated good afternoon. I'm just going to briefly walk you through the audit report and the governance letter, and I'd be happy to answer any questions. I'm just going to be very brief. I'll start on pages one and two, which is our audit report just stating that we provide an unmodified opinion, which is the best or cleanest opinion that we can offer the finances for the District. In the prior year, the District had minimal activity, but for this year we had quite a bit of activity going on. As you know some of the highlights are that we issued a little over $7 million in bonds to finance certain infrastructure. During the current year, we expended about $5.7 million of that for infrastructure. It's construction in progress. If you look on page seven, you'll see that the statement of net position for the District, we actually end up with $177,000 deficit in our net position, primarily due to some bonds issue cost of about 330 something thousand, current interest payments and accrued interest that we accrued as through September 30 on the bonds. So that brings us into a deficit position; it's a temporary thing, but I just wanted to makes sure you're aware of that. On page ten, we show our revenue cmnd expenditures by fund. The special assessments were only for the General Fund for this year. I know you're aware of the special assessment for the debt service are coming in for this new, current year. You'll see under the capital projects, you'll see the $5.7 million that was expended for capital outlay. Page 12 was a report on the General Fund as the actual revenue and expenses relate to the budget, and other issues that relate to the budget. Expenditures were less than what you had budgeted, and actually, your revenue was a little more than what you had 2IPage FLOW WAY CDD 16 ! 1 '. May 12, 2015 budgeted. Page 25, we had a subsequent event note as it relates to an additional bond issue in April 2015 of almost $4 million to complete your financing the infrastructure. Then we're going to go into some of our other reports, required reporting. Page 26 to 27, there's a report on internal control for the District, and we're saying in that report that there's no material weaknesses in internal control, and there are no areas of noncompliance as it relates to financial matters. Page 28 through 30 are reports that we provide to the auditors, and there's no reportable matters as it relates to the Auditor General. Then in a separate letter, the same date, April 27, we have what we call our governance letter, just outlining our responsibility as it relates to the audit, and we also state in there that we had no difficulties or disagreements with management as we were going through the audit. That's all I wanted to highlight. I'd be happy to answer any question that you might have. Mr. Ward asked any questions from the Board? Hearing none, just a motion to accept your audited financial statements would be in order. On MOTION made by Mr. Berg and seconded by Mr. Asher, with all in favor, the Audited Financial Statements for the Year mended September 30, 2014 was accepted. FOURTH ORDER OF BUSINESS Consideration of Resolution 2015-9 of the Board of Supervisors of Flow Way Community Development District, accepting the certification of the District Engineer that the Series 2013 Project is complete; declaring the Series 2013 Project complete; finalizing the special assessments securing the District's Series 2013 special assessment bonds; providing for a supplement to the improvement lien book; declaring that certain true-up obligations remain the same; providing for severability, conflicts and an effective date. Mr. Ward stated this is a required resolution when we complete the infrastructure project that's associated with the series of bonds. This particular bond is related to your series 2013 bonds. What you're doing is you are accepting the certification of the 31Page 161 1 FLOW WAY CDD May 12, 2015 completion of the project from your engineer, which is an exhibit to the resolution, and we are finalizing the assessments at par. In this instance, at the liar amount of the debt issue, which was $7,050,000, and there's an assessment roll attached to this resolution that outlines that final assessment. Really, the only difference between the role that you have here and what you're seen in the past is this property is being sold, and as folios are added to the roll, then they're included in here. This particular document, I think I requested this sometime in the middle of March, so as of March this was what the sales had looked like within the District at that point. Do you have any questions with respect to the resolution, I'd be glad to answer them for you. Otherwise, the resolution is in order and recommended for your consideration. 'On MOTION made by Mr. Burdett and seconded by Mr. Asher, !'with all in favor, Resolution 2015-9 was approved. FIFTH ORDER OF BUSINESS Consideration of Resolution 2015-10 of the Board of Supervisors of Flow Way Community Development District, supplementing and amending Resolution 2015-8, which resolution previously equalized, approved, confirmed, imposed and levied special assessments on and peculiar to property specially benefited (apportioned fairly and reasonably) by the District's projects; approving and adopting the special assessment methodology for Flow Way Community Development District prepared by JPWard & Associates, LLC, and dated April 9, 2015, for Phase 3, which sets forth the specific terms of the Flow Way Community Development District special assessment bonds, Series 2015; providing for the supplementation of the special assessments, as set forth in the Improvement Lien Book; amending section 7(a) of Resolution 2015-8 to correct a scrivener's error, and providing for severability, conflicts, and an effective date. 4IPage FLOW WAY CDD May 12, 2015 16 I 1 Mr. Ward stated this resolution is related to your 2015 Series bonds, and what it is doing is finalizing the assessments that we did for those bonds at the par amount of the bonds that were issued, which, in this instance, is $3,950,000. The method of allocation and the engineer's report, nothing changes. All it really does is provide a final assessment roll as it relates to this series of bonds for the final par series of bonds that we issued for this District. If you have any questions, I'll be glad to answer them for you. Otherwise, that resolution is also in order and recommended for your consideration. ( llOn MOTION made by Mr. Asher and seconded by Mr. Berg, with inResolution 2015-10 was approved. all favor, . ..._. ___ .. SIXTH ORDER OF BUSINESS Consideration of Resolution 2015-11 of the Board of Supervisors of Flow Way Community Development District, approving a proposed budget for Fiscal Year 2016 and setting a public hearing thereon, pursuant to Florida Law; providing for severability; providing for conflict, and providing for an effective date Mr. Ward stated the purpose of the resolution is to approve the budget solely for the purpose of setting your public hearing. The public hearing is scheduled for Tuesday, September 8th, 2015, at three o'clock here at the Offices of Coleman, Yovanovich & Koester, The approval of the resolution and the budget doesn't bind the Board to any of the programs or costs contained therein. It merely lets you move forward towards your public hearing, which is scheduled for that date, and I just want to make sure, if you don't mind, that I didn't put the wrong date in there. Mr. Asher stated I think that's right. Mr. Ward stated that is right, okay. This budget is basically the same as what you have seen in the prior year. It does include the Series 2015 Bonds with respect to the bonds that were recently issued. It levies the assessments on the 105 lots that are within the Series 2015 bond issue. The assessment rate for the General Fund stays relatively the same as what we've had in the prior years for this District. The only thing that I will call your attention to is in the Debt Service Fund on the 2013 Bonds, which is on page five. If you 5 Pace FLOW WAY CDD May 12, 2015 16 ' 1 recall, in the prior year, we had capitalized interest through May of last Year. So the way we did this budget is we only levied assessments for half a year. That was a big benefit, because what it really does is defer the cash payment that's required on this to the following November. So you see in this budget that the way I've done this is we have what is called a negative carryforward of $312,000. That means that I will bill the developer off roll for that amount, which is the November of this year's payment. Then there's a four-year assessment going on for Fiscal Year 2016. The intent was really to just try to match the amount of money that we needed during the time we needed it in which year. It's the only major change that I will bring to your attention. If you have any questions, I'd be glad to answer them for you. If not, a motion to approve the resolution would be in order. Mr. Asher stated question for Tony. Right now the HOA takes care of a lot of the lakes. Is it ever going to go to the CDD? Mr. Burdett stated I would say at least until the District or the HOA changes their mind if we have a formalized agreement in place, and the HOA would maintain it until such time one of the parties changes their mind. But I don't anticipate that, at least while it's under developer control. Mr. Asher stated just checking, just curious. Because when you explain to people what the CDD typically does, they don't have those typical responsibilities. Mr. Burdett stated right, but a lot of the times it's easier to explain that it depends on which pocket. Mr. Asher stated right, absolutely. Mr. Burdett stated the folks in the community are members of both, the District, so they've got to pay for it one way or another. Mr. Asher stated helps justify their existence. Mr. Burdett stated then a lot of times, depending on how quickly the community is sold out, we get Board members on the District that may change, and often does. Mr. Ward asked any other questions? Hearing none, a motion to adopt Resolution 2015.11 would be in order. Wage FLOW WAY CDD May 12, 2015 t 6 I 1 On MOTION made by Mr. Asher and seconded by Mr. Burdett, with all in favor, Resolution 2015-11 was approved. SEVENTH ORDER OF BUSINESS Staff Reports a) District Attorney No report b) District Engineer No report c) District Manager Report of the number of registered voters in the District Mr. Ward stated the only thing I really had for you is the report of the number of registered voters in the District as of April 15 of each year. It's a statutory requirement. The information is provided from the Supervisor of Elections here in Collier County. There are 30 registered voters residing in the District as of this April 15th, and last year there were zero, so you have moved forward dramatically. It's important when you hit two thresholds: one is six years from the date of establishment, which you have hit that, and the second is when you hit 250 qualified electors, then you will begin the process to transition the Board from a landowner election to a qualified elector based election. At some point, when that occurs, then I'll walk you through the process of how that happens. Mr. Asher stated that could easily be next year. Mr. Ward stated wonderful. Mr. Asher stated so we only need 220 more. Mr. Berg stated I'm surprised that there actually 30, from the amount of cars that I see in the community. Most of them are part time. Mr. Burdett asked how many closings do we have now? We're up to 80 to 100? Mr. Asher stated right, so back in April. And a lot of them have filed for residency. mean they may not be here now, but they're Florida residents for tax purposes. Mr. Burdett stated which is unusual, because there's usually unkind tax consequences to being a Florida resident if you own homes in two locations. Mr. Asher stated right. No, the other location tries to get you. 7IPagc FLOW WAY CDD May 12, 2015 6 Mr. Ward stated there's no action required by the Board, and it will just be on your agenda every year after April 15th. EIGHTH ORDER OF BUSINESS Supervisors Requests and Audience Comments Mr. Ward asked anything from the Board? NINTH ORDER OF BUSINESS Adjournment Mr. Ward stated a motion to adjourn would be in order. On MOTION made by Mr. Burdett and seconded by Mr. Berg, 1 with all in favor, the meeting was adjourned at 3:15 p.m.___4()A-41A11- James P. Ward Secretary Johrii Asher, Chairman 8IPagc 16 t 1 ' ' MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Flow Way Community Development District's Board of Supervisors was held on Tuesday, September 8, 2015, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: John Asher Chairman Keith Berg Vice Chairman Anthony Burdett Assistant Secretary Steve Reiter Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:15 p.m., and roll call determined that all members of the Board were present with the exception of Supervisor Reiter. 2. Consideration of the Acceptance of the Resignation of Mr. Sal Simonetti and Replacement Member. Mr. Ward explained that Mr. Simonetti's resignation becomes effective as of the date of the letter that he submitted, which was May 18th, 2015. IOn Motion was made by Mr. Burdett and seconded by Mr. Berg to accept Mr. ISimonetti's May 18th, 2015 letter for purposes of inclusion in the record only, and !with all in favor was approved. Mr. Ward stated that the statute permits the Board to appoint someone to fill Mr. Simonetti's unexpired term, which is due to expire in November of 2016. On Motion was made by Mr. Burdett and seconded by Mr. Berg, to appoint Chris , Batchelor to fill Mr. Simonetti's vacancy on the Board, and with all in favor was I approved. 3. Consideration of Minutes: May 12, 2015 FLOW WAY CDD 16 ' September 8,2015 IOn Motion was made by Mr. Asher and seconded by Mr. Burdett, to accept the Meeting Minutes of May 12, 2015, and with all in favor were approved. 4 Public Hearings a) Fiscal Year 2016 Budget I. Public Comment and Testimony pn Motion was made by Mr. Asher and seconded by Mr. Berg to open the Public :Hearing, and with all in favor was approved. There were no members of the public present in person at the meeting and there have not been any written comments regarding the proposed budget received. On Motion was made by Mr. Asher and seconded by Mr. Berg to close the Public Hearing, and with all in favor was approved. II. Board Comment and Consideration There were no questions or comments from the Board. Ill. Consideration of Resolution 2015-12, the Annual Appropriation Resolution of the Flow Way Community Development District ("The District") Relating to the Annual Appropriations and Adopting a Budget for the Fiscal Year Beginning October 1, 2015 and Ending September 30, 2016; providing a Severability Clause; Providing for Conflict and Providing an Effective Date. On Motion was made by Mr. Asher and seconded by Mr. Burdett to accept , ,Resolution 2015-12 as described above, and with all in favor was approved. b) Fiscal Year 2016 Imposing Special Assessments; Adopting An Assessment Roll and Approving the General Fund Special Assessment Methodology. I. Public Comment and Testimony On Motion was made by Mr. Asher and seconded by Mr. Burdett to open the 'Public Hearing, and with all in favor was approved. There were no members of the public present in person at the meeting and there have not been any written comments regarding the proposed budget received. 2 611 FLOW WAY CDD September 8, 2015 On Motion was made by Mr. Asher and seconded by Mr. Burdett to close the Public Hearing, and with all in favor was approved. II. Board Comment and Consideration There were no questions or comments from the Board. III. Consideration of Resolution 2015-13 of the Flow Way Community Development District Imposing Special Assessments, Certifying an Assessment Roll, and Approving the General Fund Special Assessment Methodology; Providing a Severability Clause; Providing for Conflict and Providing an Effective Date. On Motion was made by Mr. Asher and seconded by Mr. Burdett to approve :Resolution 2015-13 as described above, and with all in favor was approved. 5. Consideration Of Resolution 2015-14 of the Flow Way Community Development District Designating Dates, Time And Location For Regular Meetings Of The Board Of Supervisors Of The District; Providing For Conflict; Providing for Severability and Providing an Effective Date. Mr. Ward explained that Resolution 2015-14 sets the Board Meetings' dates, times, and location for the fiscal year 2016. He noted that the District currently meets the second Tuesday of each month at 3:00 and that there was one board member who wanted to schedule it at a later time, but it's currently slated for 2:00. Mr. Ward indicated that it was up to the Board to decide the time they prefer. The Board decided to continue the meeting times at 3:00 P.M. On Motion was made by Mr. Asher and seconded by Mr. Burdett to approve Resolution 2015-14 as described above but with the time changed to 3:00, and with all in favor was approved. 6. Consideration of Ratification of a Partial Vacation of an Access, Utility and Irrigation Easement Rights over Various Tracks. Mr. Urbancic stated that Taylor Morrison approached them regarding a portion of Track R, which is part of a re-plat that is going on, and the District had an easement over a portion of the area being re-platted. Because of the roadway being narrowed a little bit, it made sense to vacate a portion of the easement and have it be re-granted as an easement once the re-plat is completed. This way there will be a new easement over the re-platted Track R. So that it didn't hold up their plat approval and cause problems due to encroaching easement, there was an execution of a partial vacation. Mr. Urbancic asked the Board to consider ratifying the Chairman's execution of the partial vacation and then they will follow up in the future and report back once the new easement is in place. 3IPage 16I1 FLOW WAY CDD September 8, 2015 E--- On Motion was made by Mr. Burdett and seconded by Mr. Berg to ratify the actions as described above, and with all in favor was approved. 7. Staff Reports a) District Attorney - Mr. Urbancic stated he has nothing further to report. b) District Manager - Mr. Ward asked that the Board to add Mr. Batchelor as an Assistant Secretary to the Board through Resolution 2015-15. On Motion was made by Mr. Burdett and seconded by Mr. Berg to accept Resolution 2015-15 as described above, and with all in favor was approved. c) District Engineer - Nothing to report. 8. Supervisor's Requests Nothing to request. 9. Adjournment On Motion was made by Mr. Asher and seconded by Mr. Burdett to adjourn the meeting, and with all in favor was approved. The meeting was adjourned at 3:21 p.m. at-- James P. Ward, Secretary Joh Asher, Chairman 4W age f I 16I1 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News i + FLOW WAY COMMUNITY DEV. DISTR. JAMES WARD 2041 NE 6TH TERR WILTON MANORS FL 33305 REFERENCE: 059678 59755739 FLOW WAY COMMUNITY D REQUEST FOR BID REQUEST FOR BID State of Florida FLOW WAY COMMUNITY DEVELOPMENT DISTRICT Counties of Collier and Lee REQUEST FOR PROPOSALS AUDIT SERVICES ersoi The eow War Community DevdoPmeM District ls requesting proposals from Before the undersigned authority, p ua, fi °f certified publk,a°untants licensed t°practice n the Stet`°f appeared Dan McDermott, says that he seri/ Florida,to audit r1 financial scan dies fi the fig XN`endmg September 30. thereafGr In theh ole anlxa�l disudon of the istrics for caa�fecal year Inside Sales Supervisor, of the Naples Dal °,im ,ed aYligation for the District to rohnburse responding a daily newspaper published at Naples, in firmsforany incurre infraparin9Propose in response tothnrequlst• County, Florida: distributed in Collier proposals will be reosfved by the District Manager's Sealed technical and dollar cost prD{Msa 21.`ter at 2W7 it 6Ur Tanana. and Lee counties of Florida; that the atta office„until r'trs0,°a:a33os?teals received'after this time will be returned copy of advertising was published in said unopened. that includes both r shall submit a sealer and clearly marked and Do Cast k t l newspaper on dates listed. pdfP alo„g with seven m ar M p;,tr,ctP'° ,I Affiant further says that the said Naple A ng5a' I rrop l Way �ritr News is a newspaper published at Naples, i The Technical and Dollar Cost Praaosal will be o tied in the Office of the District Collier County, Florida, and that the said ffanagerat7700a•m•.cnTuasda>aY°lsar2a' �ve (5) member Auditor on newspaper has heretofore been continuously c «wr`>ml�«1^:1 °'„�t" °' the five ls' 'Mmbers of the Board of supervisors,who will revie"uhath"ru. day and has been entered as second class m The District reserves the ri4ht to Kai sal I r gardl sosubmittedthat proposal k matter at the post office in Naples, in sa, comperxation, any ideas m arC°P e9a nice the firm °eKal`� Collier County, Florida, fora period of 1 selected_ Submission.of a Pousel mdreato accepts by conditions contained m this rtQest for proposals unless clearly and spec lY noted in the proposal submittd end confirmed in the contract between the next preceding the first publication of the Districtofandthehrmselected. attached copy of advertisement; and of f ianq The District reserves the right toieject any or all proposals submkted°.to reraln r �osaVs wtanitt.d and to sR wkfsosst comperrtien a idea`in a proposal further says that he has neither paid nor raga dfess of ,er that I:16 1 ls"'eCtd' ivied i °I a propose dlcate: acceptance by the firm of all of pndrtions contained the Request fw Pr promised any person, firm or corporation an Fl°wWayCornrnunityDev.l°pmfstDistrict discount, rebate, commission or refund for samsP Ward•DistriQMarsagar purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 10/03 AD SPACE: 88 LINE FILED ON: 10/03/14 Signature of Affiant __.-, Sworn to and Subscribed bp/ ore m thi day of 20111 Personally known by me ;�.. CAROL POLIDu ': ;:�A MY COMMISSION EE 851758 1, - EXPIRES:November 28 2014 pf k;a• 9oi+dad Thni Ffdrerd liewirne Agarny 1,6 I NAPLES DAILY NEWS Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority,personally appeared Daniel McDermott, who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples,in Collier County, Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising,being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 2 times in the issue on August 17 and 24,2015. Affiant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County,Florida, and that the said newspaper has heretofore been continuously published in said Collier County,Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertiserne nt; and affi nt 4 ,,-the:s.oya th't he hn t,c ther r, ;e1 nnr promised any person, firm or corporation any discount,rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspape • (Signature of;iffiant) Sworn to and subscribed before me This 26th day of August, 2015 (Signature of notary public) °moo Notary Public State of Florida Susan D Flora M Commission FF 040250 Vpis�C Exy pires 07/28/2017 . '......� ,../, «.t-. rulii,it NOTICE PUBLIC NOTICE FLOW WAY COMMUNITY 6 1 1 DEVELOPMENT DISTRICT r 1 NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2016 BUDGETS, AND NOTICE OF PUBLIC HEARING TO CONSIDER THE IMPOSITION AND LEVY OF MAINTENANCE AND OPERATION SPECIAL ASSESSMENTS,ADOPTION OF AN ASSESSMENT CAP FOR NOTICE PURPOSES ONLY; ADOPTION OF AN ASSESSMENT ROLL,AND THE USE OF THE UNIFORM COLLECTION, AND ENFORCEMENT OF THE SAME;AND NOTICE OF REGULAR BOARD OF SUPERVISORS'MEETING. The Board of Supervisors for the Flow Way Community Development District will hold two public hearings and a regular meeting on September 8,2015 at 3:00 p.m.at the offices of Coleman,Yovanovich&Koester,P.A.,4001 Tamiami Trail North,Suite 300,Naples,Florida 34103. The purpose of the first public hearing Is to receive public comment and objections on the Fiscal Year 2016 Proposed Budgets.The first public hearing is being conducted pursuant to Chapter 190,Florida Statutes.The purpose of the second public hearing is to consider the imposition of special Issessments to fund the District's proposed operation and maintenance budget for Fiscal Year 2016 upon the lands located within the District,a depiction of which lands is shown below,consider the adoption of a cap for notice purposes only,and to consider the adoption of an assessment roll,for the uniform collection,and enforcement of the assessments.The second public hearing Is being conducted pursuant to Florida law including Chapters 190 and 197,Florida Statutes.At the conclusion of the public hearings,the Board will,by resolution,adopt the budgets and levy assessments to fund the operation and maintenance budget as finally approved by the Board. A regular board meeting of the District will also be held where the Board may consider any other business that may properly come before it. A copy of the proposed budgets,preliminary assessment roll,and the agenda for the hearings and meeting may be obtained at the offices of the District Manager,located at 2041 Northeast 6th Terrace,Wilton Manors,Florida 33305,P .(954)fia6-490u,during nornwl ousnres::nui,rs. The special assessments are annually recurring assessments and are in addition to previously levied capital debt assessments. The table below presents the proposed schedule of operation and maintenance assessments for Fiscal Year 2016 and the proposed cap rate for notice purposes.Amounts are preliminary and subject to change at the hearing and in any future year. The amounts are subject to early payment discount as afforded by the uniform collection law. Proposed Schedule of Assessment Per Unit $310.90 Fiscal Year 2016 The tax collector will collect the assessments pursuant to the uniform method. The District may choose to collect the assessments for developer owned land not pursuant to the uniform method. Failure to pay the assessments collected by the Tax Collector using the uniform method will cause a tax certificate to be Issued against the property which may result in a tax deed and loss of title. For delinquent assessments that were initially directly billed by the District,the District may initiate a foreclosure action or may place the delinquent assessments on the next year's county tax bill. All affected property to appear at the public hearings and the right to file written objections with the Ditrict wihowners n tw rs have thedays right publication of this notice. twenty(20) of The public hearings and meeting are open to the public and will be conducted In accordance with the provisions of Florida law for Community Development Districts. The public hearings and meeting may be continued to a date,time,and place to be specified on the record at the hearings or meeting. There may be occasions when staff or board members may participate by speaker telephone. Any Person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (954) 658-4900 at least forty-eight (48) hours NOM prior to the meeting. ff you are hearing or I speech impaired,please contact the Florida Relay Service at (800) 955 11,70 for aid in M , contacting the District Uitcca. Each person who decides.to appeal any , I decision made by the Board with respect to } I " arty matter considered at the public hearings -- �D or meeting is advised that person �,»a w �� w,l! need II // ` a record of proceedings and that accordingly, the person may need to ensure that a verbatim t y record of the proceedings is made,including the testimony and evidence upon which such appeal is to be based. Flow Way Community Development District James P.Ward,District Manager No.231121503 FLOW WAY CDD — - — — Amara 17.x4-Z415 t611" MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Flow Way Community Development District's Board of Supervisors was held on Tuesday, October 27, 2015, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: John Asher Chairman Keith Berg Assistant Secretary Anthony Burdett Assistant Secretary Steve Reiter Assistant Secretary Chris Batchelor Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel David Wilems District Engineer 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:15 p.m., and roll call determined that all members of the Board were present. 2. Administration of Oath of Office - Mr. Batchelor Mr. Ward administered the Oath of Office to Mr. Chris Batchelor and explained the Guide to Sunshine Amendment and Code of Ethics for Public Officers and Employees as well as the Form 1-Statement of Financial Interests. 3. Consideration of Minutes: September 8, 2015 On Motion was made by Mr. Asher, and seconded by Mr. Reiter, to accept the Meeting Minutes of September 8, 2015, and with all in favor the motion was approved. 1 1611 Flow Way Community Development District October 27, 2015 Minutes 4 Consideration of Work Order -Waldrop Engineering to provide engineering report, attend meetings relative to the Series 2015-Phase 4 Capital Improvement Program. On Motion was made byMr. Berg, and seconded by Mr. Asher, to approve the Work Order as described above, and with all in favor the motion was approved. 1 ...__ 5. Consideration of Resolution 2016-1 declaring special assessments; indicating the location, nature and estimated cost of those improvements which cost is to be defrayed in whole or in part by the special assessments 1 providing the portion of the estimated cost of the improvements to be defrayed in whole or by part by the special assessments; providing the manner in which such special assessments shall be made; providing when such special assessments shall be made; designating lands upon which the special assessments shall be levied; providing for an assessment plat; adopting a preliminary assessment roll; providing for a public hearing to consider the advisability and propriety of said assessments and the related improvement; providing for notice of said public hearing; providing for publication of this resolution; providing for conflicts; providing for severability, and providing an effective date. On Motion was made by Mr. Berg and seconded by Mr. Asher, to approve Resolution 2016-1 as described above, and with all in favor the motion was approved. 6. Consideration of Resolution 2016-2 setting a public hearing to be held on Tuesday, December 1, 2015 at 3:00 P.M. at the offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples. Florida 34103, for the purposes of hearing public comment on imposing special assessments on certain property within the District generally described as the Flow Way Community Development District in accordance with Chapters 170, 190 and 197 Florida Statutes. On Motion was made by Mr. Asher, and seconded by Mr. Reiter, to approve 1Resolution 2016-2 as described above, and with all in favor the motion was lapproved. 7. Staff Reports a) District Attorney- Mr. Urbancic stated he has no additional report. b) District Engineer- Mr. Williams stated he has nothing to report. 2 1611 Flow Way Community Development District October 27, 2015 Minutes b) District Manager- Mr. Ward stated he has nothing further to report. 8. Supervisor's Requests and Audience Comments There were no members of the public present. 9. Adjournment Motion was made by Mr. Reiter, and seconded by Mr. Batchelor, to adjourn the meeting, and with all in favor the motion was approved. I The meeting was adjourned at 3:23 p.m. /,o4,1 l',01.,,r__ a.." Jamey P. Ward, Secretary John Asher, Chairman 3IPage 161 1 OATH OR AFFIRMATION OF OFFICE S t'C , a citizen of the State of Florida and of the United States of America, and being an officer of the Flow Way Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Flow Way Community Development District, Collier Coun Florida. Signature Printed Name: 0170471 . Lam.-;C NFL STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this ' day of •! , 2015, by %t, q//<he(.454t. , whose signature appears hereinabove, who is personally known to me or who produced as identification. l-1r•.;A1/444 NOTARY PUBLIC STATE OF FLORIDA Print N. JAMES P.WARD ` 26,2016 My Co " -=E�iOrfathl�a•NO-g-7313 1611 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News FLOW WAY COMMUNITY DEV. DISTR. FLOW WAY COMMUNITY DEV. DISTR. 2041 NE 6TH TERR WILTON MANORS FL 33305 REFERENCE: 530108 2015 717875 State of Florida Counties of Collier and Lee ned authority, personally NOTICE OF ANNUAL MEETINGS Before the undersigned FLOW WAY COMMUNITY DEVELOPMENT DISTRICT appeared Dan McDermott, says that he serves as The Fiscal Year2016 Regular Meetings of tile Board olSupervisor' the Inside Sales Supervisor, of the Naples Dailyof the Flow Way Community Development District are schedule( p for the second Tuesday of each month at 3:00 P.M..at the office. news, a daily newspaper published at Naples, in of Coleman, Yovanovich & Koester, P.A., 4001 Tamlami Tral North,Suite 300 Naples,Florida 34103,tm the following dales: Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates October 13,2015 November 10,2015 listed. December 8,2015 January 12,2016 February 9,2016 March 8,2016 Affiant further says that the said Naples Daily April 12,2016 May 10,2016 6 News is a newspaper published at Naples, in said August'9?016 Selptember13,2016 Collier County, Florida, and that the said newspaper has heretofore been continuously day and has been The meeting is open to the public and will be conducted in accordance with the provisions of Florida Law for Community entered as second class mail matter at the post Development Districts. A copy of the agenda for the meeting' office in Collier County, Florida, for a period of may be LLC,,2041hNortn Ne orftheast 6thhe DTerrac, Wiltonr'Manorrs, 1 year next precendin the first Florida 33305 (Phone 954 658 4900) at least five (5) days In 9 publication of the advance of the meeting. attached copy of advertisement; and affiant promised The meeting may be cancelled or continued to a date,time and any person, firm or corporation any discount, rebate, location specified on the record at the meeting. commission or refund for the purpose of securing In accordance with the provisions of the Americans with this advertisement forpublication in the said Disabilities Act,any person requiring special accommodations or an interpreter to participate at these meetings should newspaper. contact the District at (954) 658-4900, at least five (5) days prior to the date of the meetings.if you are hearing or speech impaired.please contact the Florida Relay Service at 1.880.955- AD SPACE:47 8770,for assistance in contacting the District Office. FILED ON:10/0 3/15 If any person decides to appeal any decision made with respect to any matter considered at these board meetings,such person will need a record of the proceedings and such person may reed to ensure that a verbatim record of the proceedings is mace at PUBLISHED ON: their own expense and which record includes the testimony and September 30, 2015 evidence on which the appeal is based. Flow Way Community Development District James P.Ward,District Manager September 30.2015 No.717875 Signature of Affiant l� Sworn to and Subscribed befor me this,, grf, , tvowa ooR i Personally known by me _ g �� • 'F Notary Public -State o1 Florida Commission a FF 900670 fT My Comm.Expires Jul 16,2019 i 6 I 1'. • hs —. • It.,tante 14 ik "•:..e1111f101) i• ' 6" at To 2!INA., .ilinc3 414.1 ..... • to 1611 THE MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Flow Way Community Development District's Board of Supervisors was held on Tuesday, November 10, 2015, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: John Asher Chairman Keith Berg Assistant Secretary Chris Batchelor Assistant Secretary Absent were: Anthony Burdett Assistant Secretary Steve Reiter Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel David Williams District Engineer Misty Taylor Bond Counsel (telephonically) 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:00 p.m., and roll call determined that all members of the Board were present. 2. Consideration of Resolution 2016-3 CONSIDERATION OF RESOLUTION 2016-3 OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,800,000 AGGREGATE PRINCIPAL AMOUNT OF ITS FLOW WAY COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, SERIES 2015 (PHASE 4 PROJECT), IN ONE OR MORE SERIES (THE "SERIES 2015 BONDS"); DETERMINING CERTAIN DETAILS OF THE SERIES 2015 BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A THIRD SUPPLEMENTAL TRUST INDENTURE; AUTHORIZING THE NEGOTIATED SALE OF THE SERIES 2015 BONDS; APPOINTING THE UNDERWRITER :APPROVING THE FORM OF AND AUTHORIZING THE 1 ! ib 1 1 Flow Way Community Development District November10, 2016 EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT WITH RESPECT TO THE SERIES 2015 BONDS AND AWARDING THE SERIES 2015 BONDS TO THE UNDERWRITER NAMED THEREIN PURSUANT TO THE PARAMETERS SET FORTH IN THIS RESOLUTION; APPROVING THE FORM OF AND AUTHORIZING THE DISTRIBUTION OF THE PRELIMINARY LIMITED OFFERING MEMORANDUM AND ITS USE BY THE UNDERWRITER IN CONNECTION WITH THE OFFERING FOR SALE OF THE SERIES 2015 BONDS AND APPROVING THE EXECUTION AND DELIVERY OF A FINAL LIMITED OFFERING MEMORANDUM; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT AND THE APPOINTMENT OF A DISSEMINATION AGENT, A TRUE UP AGREEMENT, AN ACQUISITION AGREEMENT, AN ASSIGNMENT AGREEMENT, AND A COMPLETION AGREEMENT; PROVIDING FOR THE APPLICATION OF SERIES 2015 BOND PROCEEDS; AUTHORIZING THE PROPER OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE SERIES 2015 BONDS; MAKING CERTAIN DECLARATIONS; APPOINTING A TRUSTEE; PROVIDING FOR THE REGISTRATION OF THE BONDS PURSUANT TO THE DTC BOOK-ENTRY SYSTEM; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Misty Taylor provided to the Board a brief summary of Resolution 2016-3 as described above. On Motion was made by Mr. Asher, and seconded by Mr. Berg, to adjourn the meeting, and with all in favor the motion was approved. 3. Staff Reports a) District Attorney - Mr. Urbancic stated he has no additional report. b) District Engineer- Mr. Williams stated he has nothing to report. c) District Manager- Mr. Ward stated he has nothing further to report. 4. Supervisor's Requests and Audience Comments There were no members of the public present. 5. Adjournment On Motion was made by Mr. Batchelor, and seconded by Mr. Berg, to adjourn the meeting, and with all in favor the motion was approved. The meeting was adjourned at 3:14 p.m. 21 16 I 1 Flow Way Community Development District November10,2016 Flow Way Community Development District % b 1J Jame . Ward, Secretary John Arher, Chairman 3IPage ibt i THE MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Flow Way Community Development District's Board of Supervisors was held on Tuesday, December 1, 2015, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester. P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: John Asher Chairman Keith Berg Assistant Secretary Chris Batchelor Assistant Secretary Absent were: Steve Reiter Assistant Secretary Anthony Burdett Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel David Williams District Engineer 1. Call to Order & Roll Call Mr. Ward called the meeting to order at 3:00 p.m., and roll call determined that all members of the Board were present except for Supervisors Reiter and Burdett. 2. Consideration of Minutes of the October 27, 2015 Regular Meeting On Motion was made by Mr. Asher, and seconded by Mr. Bachelor, to approve the] Minutes as described above, and with all in favor the motion was approved. 3. PUBLIC HEARING Capital Improvement Program - Phase 4 -Series 2015 Bonds I. Public Comment and Testimony 1 IPage 161 1 Flow Way Community Development District December 1, 2015 On Motion was made by Mr. Asher and seconded by Mr. Berg to open the Public Hearing, and with all in favor the motion was approved. There were no members of the public present in person at the meeting and there has not been any written correspondence from property owners regarding the public hearingError! Bookmark not defined.. On Motion was made by Mr. Asher and seconded by Mr. Bachelor to close the; Public Hearing, and with all in favor the motion was approved. II. Board of Supervisor's Comments There were no questions or comments from the Board. Error! Bookmark not defined. Ili. Consideration of Resolution 2016-4 of the Board of Supervisors of the Flow Way Community Development District ("The District") authorizing District projects for construction and/or acquisition of infrastructure improvement; equalizing, approving, confirming, and levying special assessments on property specially benefitted by such projects to pay the cost thereof; providing for the payment and the collection of such special assessments by the methods provided for by Chapters 170, 190, and 197 Florida Statutes; confirming the District's intention to issue special assessment bonds; providing for true-up payError! Bookmark not defined.ments; making provisions relating to the transfer of real property to governmental bodies; providing for the recording of an assessment notice; providing for severability, conflicts, and an effective date. Mr. Ward handed out a revised version of Resolution 2016-4 and asked Mr. Urbancic to discuss the Resolution with the Board. Mr. Urbancic explained that the Resolution is almost identical to what was seen in the prior bond issuances, including 2016-1 and 2016-2. He explained that 2016-1 basically set the foundation, as the engineer's report and preliminary assessment report were adopted and it was determined that the project would be undertaken. Resolution 2016-2 confirmed that the public hearing would be set. Mr. Urbancic stated the only difference from what the Board had seen prior is that the bonds were re-sized to the size of the actual bond issuance, and the assessment report was supplemented; otherwise, the project's necessity, benefits, and levy assessment procedure is the same. Motion was made by Mr. Asher and seconded by Mr. Berg to adopt Resolution 2016-4 as described above, and with all in favor the motion was approved. 2IPage 16 I Flow Way Community Development District December 1, 2015 4. Staff Reports a) District Attorney- Mr. Urbancic reported that regarding the requisitions, the pre-closing is occurring today with the closing scheduled for December 8th. Once the closing is completed, two requisitions from the developer for the construction fund will be processed almost immediately. One requisition is for potable water and sewer, and the other is surface water management and irrigation water system. Mr. Urbancic passed out to the Board packets including the draft documents in connection with the requisitions. b) District Engineer- Mr. Williams commented on the requisitions discussed above, stating that in requisition one the drainage facilities are the master storm water pipes and the storm water pipes that are draining some of the roadways within the development. He stated that the irrigation and the utilities are in the road right-of-way for the master system. c) District Manager- Mr. Ward stated he has nothing further to report. Motion was made by Mr. Asher and seconded by Mr. Bachelor to approve the documents as described by the District's Legal Counsel, and with all in favor the motion was approved. 5. Supervisor's Requests and Audience Comments There were no supervisor requests and no members of the public were present. 5. Adjournment Motion was made by Mr. Asher, and seconded by Mr. Berg, to adjourn the meeting, and with all in favor the motion was approved. The meeting was adjourned at 3:15 p.m. FIow,Way Cgt►�munity Development District /94,,/,4,42/ i James . Ward, Secretary Jo n Asher, Chairman 3IPage i6I1 THE MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Board Meeting of the Flow Way Community Development District's Board of Supervisors was held on Tuesday, May 10, 2016, at 3:00 P.M., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: John Asher Chairman Anthony Burdett Assistant Secretary Chris Batchelor Assistant Secretary Absent was: Steve Reiter Assistant Secretary Also Present were: James P. Ward District Manager Greg Urbancic District Counsel David Williams District Engineer 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:00 p.m., and roll call determined that all members of the Board were present with the exception of Supervisor Reiter. 2. Consideration of a replacement member of the Board of Supervisors to fill the unexpired term of office of Seat 4, which term expires November, 2016, and administration of the oath of office for the newly appointed member. i. Mr. Ward requested the Board to consider acceptance of the resignation of Mr. Berg. A copy of the letter of resignation was provided and was effective on April 15, 2016, as a matter of law. On Motion was made by Mr. Burdett and seconded by Mr. Asher to accept the Resignation of Mr. Berg, and with all in favor, the motion was approved. ii. Mr. Ward explained that the Board is not required to fill the vacancy created by the resignation of Mr. Berg at this time but is welcome to do so. Flow Way Community Development District May 10,2016 A Board discussion ensued. The decision was made to appoint Brian Keller to fill this vacancy. On Motion was made by Mr. Asher and seconded by Mr. Burdett to appoint Mr. Brian Keller to fill the vacancy described above, and with all in favor, the motion was approved. 3. Consideration of Minutes: November 10, 2015 and December 1, 2015 Meetings Mr. Urbancic was asked if he reviewed and thought that the Minutes were accurate and he answered in the affirmative. On Motion was made by Mr. Asher and seconded by Mr. Batchelor to approve the 1 Minutes of November 10, 2015, and December 1, 2015, and with all in favor, the motion was approved. 4. Consideration of the acceptance of the Audited Financial Statements for the Fiscal Year ended September 30, 2015 Mr. Ward stated that the auditor was not available by phone for the meeting. The Board had the choice of deferring acceptance of the audit to the next meeting or accepting it for inclusion in the record. Mr. Ward also indicated that the audit has been filed as a matter of law with the appropriate state agencies. On Motion was made by Mr. Burdett and seconded by Mr. Asher to accept the audit as presented, and with all in favor, the motion was approved. 5 Consideration of Resolution 2016-5 Approving the Proposed Budget for Fiscal Year 2017 and setting a Public Hearing for Tuesday, August 9, 2016, at 3:00 a.m. at the offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 334103. Mr. Ward explained that the budget attached to the resolution is consistent with prior years. The unit counts and the general fund have been adjusted to account for the lesser number of units in the various phases of the project. Mr. Ward also explained that the approval of the budget now allows the Board to move through the process to the public hearing at which time the budget will be adopted 2IPage 1611 Flow Way Community Development District May 10, 2016 and the assessment rate will be set in place, specifically for the general fund which essentially remains the same as it was last year. On Motion was made by Mr. Burdett and seconded by Mr. Batchelor to adopt Resolution 2016-5, setting a public hearing as stated above, and with all in favor, the motion was approved. 6. Consideration of setting Tuesday, November 8, 2016, at 3:00 p.m. at the offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103, as the date, time and location for the upcoming landowner's election for three seats on the Board of Supervisors. Mr. Ward reported that the statute requires the Board to set the landowner's election at least 90 days prior to the date of the election itself. The Board is also required to provide at that time the instructions, form of ballot and form of proxy for the landowner's meeting which were included in the agenda package. The seats that are open are Mr. Asher, Mr. Keller and Mr. Batchelor. On Motion was made by Mr. Asher and seconded by Mr. Batchelor to approve the setting of the date for the landowner's election as described above, and with all in favor, the motion was approved. 7. Consideration of Agreement with Lerner Reporting Services to provide for the Continuing Disclosure Obligations for the Series 2015, Phase IV Bonds. Mr. Ward explained that he does the reporting for bonds other than the Phase IV Bonds. He reported that Lerner Reporting Services charges fees consistent with all other services. On Motion was made by Mr. Burdett and seconded by Mr. Batchelor to approve` the Agreement with Lerner Reporting Services as described above, and with all in 'favor, the motion was approved. 8. Consideration of Acquisition Agreement, Promissory Notes for Parcel H2 and H1 with Taylor Morrison of Esplanade, Inc. to provide for the District to fund these facilities from future Bond Issues of the District. i. Mr. Ward requested Mr. Urbancic to answer questions on this issue. Mr. Urbancic indicated that the acquisitions have been accelerated because the developers have advised that they have homes that need to be closed 3 1. 6 Flow Way Community Development District May 10,2016 and utilities that need to convey to the county. That is a two-step process from the Board to the County. The Acquisition agreement was discussed. The Board was informed that the Bond Council has reviewed the agreement and has approved it. IOn Motion was made by Mr. Burdett and seconded by Mr. Asher to approve the 1 4Acquisition Agreement and Promissory Notes for Parcel H1 and H2 with Taylor Morrison of Esplanade, Inc. as described above, and with all in favor, the motion was approved. ii. Mr. Urbancic explained that H1 and H2 are virtually identical except for the legal descriptions. Each utility conveyance has a two-step process: 1) a utility easement from Taylor Morrison to the CDD, utility facilities Bill of Sale from Taylor Morrison to the CDD and an owner's affidavit to the CDD. 2) Documents from the CDD to the County include utility facilities Warranty Deed and Bill of Sale from the CDD to the County, owner's affidavit from the CDD to the County, and the Attorney's opinion from the CDD to the County. On Motion was made by Mr. Burdett and seconded by Mr. Asher to approve the Bill of Sale from Taylor Morrison to the CDD and from the CDD to the County for Parcels H1 and H2 as described above, and with all in favor, the motion was !approved. iii. The cost of the utilities will be memorialized by a requisition and promissory note. The utilities include water and wastewater. For H1 the water and wastewater component is $821,633.81. For H2 the cost is $251,364.50. lOn Motion was made by Mr. Burdett and seconded by Mr. Batchelor to authorize the Chairman to sign the Promissory Note for H1 in the amount of $821,633.81, and with all in favor, the motion was approved. On Motion was made by Mr. Burdett and seconded by Mr. Batchelor, to authorize the Chairman to sign the Promissory Note for H2 in the amount of $251,364.50, and with all in favor, the motion was approved. 9. Staff Reports a) District Attorney - Mr. Urbancic updated the Board on the legislation of three new Acts that have passed. 1)An amendment to Chapter 190 raised the acreage for forming CDDs through local government to 2500 acres. 2) Modifications of Chapter 189 which has to do with special districts; specifically, more administrative requirements 4 ' Page 16 1 1 Flow Way Community Development District May 10,2016 for keeping up a website and posting the meeting agenda on the website one week prior. 3) Change in the public records law that creates a new procedure for obtaining documents. b) District Engineer— No report c) District Manager - Mr. Ward advised the Board, as required by law, that there were 137 registered voters within the district as of April 15, 2016. This number becomes significant it reaches 250 qualified electors, which has not been met, and six years from the date of establishment, which has been met. No action is required by the Board. 8. Supervisor's Requests and Audience Comments There were no supervisor's requests. There were no members of the audience present. 9. Adjournment [On Motion was made by Mr. Asher and seconded by Mr. Batchelor to adjourn the meeting, and with all in favor was approved. The meeting was adjourned at 3:30 p.m. Flow Way Community Development District d � James . Ward, Secretary David Truxton, Chairman 5 Page 16 � ' THE MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Flow Way Community Development District for Tuesday, July 12, 2016, at 3:30 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: David Truston Chairman Anthony Burdett Vice-Chairman Chris Bachelor Assistant Secretary Steve Reiter Assistant Secretary Also Present were: James Ward District Manager Greg Urbancic District Counsel David Williams District Engineer 1. Call to Order & Roll Call Mr. Ward called the meeting to order at 3:00 p.m., and roll call determined that all members of the Board were present with the exception of Supervisor Keller, who was appointed at the last board meeting and not sworn in. 2. Administration of the Oath of Office for Seat 4 i. Mr. Ward has received a letter from Mr. Keller indicating that at this time he is not able to accept the position as a member of the Board. Mr. Ward asked for a motion to accept his resignation On Motion was made by Mr. Burdett and seconded by Mr. Bachelor to accept the resignation of Mr. Keller, and with all in favor, the motion was approved. ii. Mr. Ward explained that the Board has the ability to appoint an individual to fill that unexpired term of office. There was no discussion. 11Page 16 I 1 Flow Way Community Development District July 12,2016 On Motion was made by Mr. Burdett and seconded by Mr. Reiter to appoint Mr. Chesley E. (Skip) Adams to fill the vacancy described above, and with all in favor, the motion was approved. iii. Mr. Adams was not present, so the Administration of the Oath of Office for Seat 4 will be added to the agenda of the next board meeting. 3. Consideration of the acceptance of the resignation of Mr. John Asher A copy of the resignation was provided to the Board. This resignation was effective by law as of the date submitted, June 10, 2016. Mr. Ward asked that the Board accept it. On Motion was made by Mr. Burdett and seconded by Mr. Bachelor to accept the resignation of Mr. John Asher, and with all in favor, the motion was approved. 4. Consideration of the replacement member for Seat 3. There was no discussion. JOn Motion was made by Mr. Burdett and seconded by Mr. Bachelor to appoint Dave Truxton to fill Seat 3, and with all in favor, the motion was approved. ii. David Truxton was present, and Mr. Ward, being a Notary of the State of Florida and authorized to administer an oath, administered the oath of office. iii. The form 1 — statement of financial disclosure for the office was given to Mr. Truxton, which he was instructed to fill out, sign and submit to the Supervisor of Elections for the County in which he resides. 5 Consideration of Resolution 2016-6 - Re-designation of the officers of the district. Mr. Ward explained that since two members, Mr. Asher as Chairman and Mr. Berg as Vice Chairman, have left, it would be appropriate for the Board to discuss and appoint individuals to fill those two seats, and the remaining members would be Assistant Secretaries, and Mr. Ward would remain as Secretary/Treasurer. He asked that the Board discuss and re-designate these positions. 2IPage 16 l l Flow Way Community Development District July 12,2016 On Motion was made by Mr. Burdett and seconded by Mr. Truxton to approve Resolution 2016-to appoint David Truxton as Chairman, Anthony Burdett as Vice Chairman, Stephen Reiter as Assistant Secretary, Chris Bachelor as Assistant Secretary, Chesley E. Adams as Assistant Secretary, and James Ward as Treasurer with all in favor, the motion was approved. 6. Consideration of Resolution 2016-7, removing all existing checking account signatories on the SunTrust General Fund bank account and replacing with the current Chairman, Vice-chairman and Treasurer. Mr. Ward explained that Mr. Burdett and Mr. Truxton will now need to be added as signatories to the account. On Motion by Mr. Truxton and seconded by Mr. Reiter, Resolution 2016-7 to remove prior signatories and add newly elected Chairman and Vice Chairman, and to include James Ward with all in favor, the motion was approved. u 7. Consideration of Minutes of the May 10, 2016 Meeting On Motion was made by Mr. Burdett and seconded by Mr. Reiter to approve the !Minutes of the May 10, 2016 meeting, and with all in favor, the motion was approved. 8. Consideration of Acquisition of Utility Facilities for Parcel D1 (Warranty Deed, Bill of Sale, easement and owner's affidavit from Taylor Morrison Esplanade Naples, LLC), the issuance of a promissory note to Taylor Morrison Esplanade Naples, Inc., in the amount of $280,341.25, and finally, the conveyance by the District to Collier County of the D1 utility facilities, (Warranty Deed, Bill of Sale, and owner's affidavit from District to Collier County, attorney's affidavit of District Attorney to Collier County) Mr. Ward provided the Board a copy of the new back-up sheet for D1. That amount will be $147,880.65. The only change to the above item is the change in the amount of the promissory note. These documents were the same as provided previously. On Motion was made by Mr. Truxton and seconded by Mr. Bachelor to approve !the Acquisition as described above, the issuance of a promissory note to Taylor Morrison, and the conveyance of the utilities to Collier County, and with all in favor, the motion was approved. 3 Page 16t 1 Flow Way Community Development District July 12, 2016 9. Staff Reports a) District Attorney— No report b) District Engineer— No report c) District Manager - No report 8. Supervisor's Requests and Audience Comments i. Mr. Truxton advised that the developer is desirious of adding additional property to the District. As such, this will be requested at a future meeting of the Board. ii. 9. Adjournment On Motion was made by Mr. Truxton and seconded by Mr. Batchelor to adjourn the meeting, and with all in favor, was approved. The meeting was adjourned at 3:45 p.m. / Flow WayyCo itv Development District James P. Ward, Secretary �David Truxton, Chairman 4IPage 1611 OATH OR AFFIRMATION OF OFFICE I, 'Ow;k Tf 1� joy1. , a citizen of the State of Florida and of the United States of America, and being an officer of the Flow Way Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Flow Way Community Development District, Collier Coynt , lorida. ,d -7 1 Signature Printed Name: STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this 4 day of ‘14/4 f/ , 2016, by 17,Qv..9 .1 414/c FtJ , whose signature appears hereinabove, who is personally known to mg or who produced as identification. 401-40 4/Z,./E7/ NOTARY PUBLIC STATE OF ?<OMf3A - JAMES P.WARD �'`.;_Commission#FF 966308 Expires March 1,2020 Bonded Thru Troy Fain Insurance800.385.7019 Print Name, My Commission Expires: b l 1" MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Flow Way Community Development District for Tuesday, August 9, 2016, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: Anthony Burdett Assistant Secretary Chris Bachelor Assistant Secretary Steve Reiter Assistant Secretary Chesley (Skip) E. Adams Assistant Secretary Absent: Dave Truxton Chairman Also Present were: James Ward District Manager Greg Urbancic District Counsel David Willems District Engineer Audience Present were: Christopher Nirenberg Taylor Morrison 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:00 p m., and roll call determined that all members of the Board were present with the exception of Chairperson, Mr. Truxton. 2. Administration of the Oath of Office for Seat 4 to Mr. Chesley E. Adams i. Mr. Ward advised the board that the unexpired term of office for Seat 4 is due to expire in November, 2016, and at the prior meeting Mr. Chesley Adams was appointed to fill that unexpired term of office. As a Notary for the State of Florida, Mr. Ward administered the Oath of Office to Mr. 11Page 16I1 Flow Way Community Development District August 9,2016 Adams. Mr. Adams was instructed to fill out Form 1 and file it with the Supervisor of Elections in the County where he resides within 30 days. 3. Consideration of Minutes Mr. Ward called for any discussion. There was no discussion. Motion was made by Mr. Reiter and seconded by Mr. Bachelor to accept the Minutes for the July 12, 2016 meeting, and with all in favor, the motion was approved. 4. Public Hearings a. Fiscal Year 2017 Budget. Motion was made by Mr. Burdett and seconded by Mr. Bachelor to open the public hearing for the Fiscal Year 2017 Budget, and with all in favor, the motion was approved. i. Public Comment and Testimony There were no members of the public present, and no written or oral communications received regarding the 2017 budget. Motion was made by Mr. Burdett and seconded by Mr. Bachelor to close the public hearing for the Fiscal Year 2017 Budget, and with all in favor, the motion was approved. ii. Board Comment Mr. Ward stated that there have been no changes to the proposed fiscal year 2017 Budget. He asked for comments or questions from the Board. Their were no comments from the Board. iii. Consideration of Resolution 2016-8 adopting the Annual Appropriation and Budget for Fiscal Year 2017. Motion was made by Mr. Bachelor and seconded by Mr. Reiter to approve Resolution 2016-8 as described above, and with all in favor, the motion was 1 lapproved. 2 tell Flow Way Community Development District August 9,2016 b. Fiscal Year 2017 Imposing Special Assessments, Adopting an Assessment Roll, Approving the General Fund Special Assessment Methodology Motion wasmade by Mr. Burdett and seconded by Mr. Bachelor to open the Public Hearing as described above, and with all in favor, the motion was approved. Public Comment and Testimony There were no members of the public present, and no written or oral communications received regarding the Special Assessments, Adopting an Assessment Roll, or Approving the General Fund Special Assessment Methodology. Motion was made by Mr. Burdett and seconded by Mr. Reiter to close the Public Hearing as described above, and with all in favor, the motion was approved. ii. Board Comment There were no Board questions or comments. iii. Consideration of Resolution 2016-9 imposing Special Assessments, Adopting an Assessment Roll, and Approving the General Fund Special Assessment Methodology. Motion was made by Mr. Reiter and seconded by Mr. Burdett to approve Resolution 2016-9 as described above, and with all in favor, the motion was approved. 5 Consideration of Resolution 2016-10 designating the dates, time, and location for meetings of the Board of Supervisors for the fiscal year 2017. Mr. Ward explained that the meetings for 2017 are scheduled for the same date, time and location as the current meetings, the second Tuesday of each month at 3:00 p.m. at the offices of Coleman, Yovanovich and Koester. A question was asked if the current designation could be adjusted. Discussion ensued and a decision was made to change to the third Tuesday of each month. Motion was made by Mr. Reiter and seconded by Mr. Bachelor to adopt resolution 2016-10, modifying the day to the third Tuesday of each month for fiscal year 2017 at 3:00 pm, at the offices of Coleman, Yovanovich and Koester, and with all in favor, the motion was approved. 3 IPage 16 1 1 Flow Way Community Development District August 9,2016 6. Staff Reports i. Attorney Mr. Urbancic brought forward an item not on the agenda which was a resolution and agreement to amend the boundaries. The developer has asked the Board to add a portion of property into the district. The Board must petition the county to adopt an ordinance amending the existing ordinance to add the property. In order to do this, the Board must adopt Resolution 2016-11, which states that they agree to add this parcel to the District. Motion was made by Mr. Burdett and seconded by Mr. Bachelor to adopt Resolution 2016-11 as described above, and with all in favor, the motion was approved. In addition, Taylor Morrison Esplanade Naples is going to reimburse for the cost of the process because this is not a typical budgeted item. Motion was made by Mr. Burdett and seconded by Mr. Reiter to approve the agreement between the district and Taylor Morrison Esplanade Naples, LLC, to reimburse the district for the cost associated with the annexation of the property, and with all in favor, the motion was approved. ii. Engineer No report given. iii. Manager Mr. Ward stated that he had nothing further. He opened the meeting to the Board. 7. Supervisor's Requests and Audience Comments Mr. Bachelor stated that he is resigning from the Board effective immediately. Mr. Ward explained that the Board has the ability to appoint someone to fill the unexpired term of office of the member who has resigned. Motion was made by Mr. Burdett and seconded by Mr. Reiter to appoint Chris Nirenburg to the Board, and with all in favor, the motion was approved. Mr. Chris Nirenburg was present at the meeting, and Mr. Ward swore him into office. Mr. Ward provided a copy of Form 1 and the Guide to the Sunshine Amendment. Mr. Nirenburg will have 30 days to file Form 1 in the County in which he resides. 41Page 1 6 I 1 Flow Way Community Development District August 9,2016 8. Adjournment Motion was made by Mr. Burdett and seconded by Mr. Bachelor to adjourn the meeting, and with all in favor, the motion was approved. The meeting was adjourned at 3:45 p.m. James P,4 Ward, Secretary -slave Truxton, Chairman 5IPagc 1611 OATH OR AFFIRMATION OF OFFICE I, CA( SJUPker. M Ify'l citizen of the State of Florida and of the United States of America, and being an officer of the Flow Way Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Flow Way Community Development District, Collier County, Florida. Signature /� Printed Name: `(i le JV 1 ()e(it,be STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this /.:// day of cei7, I 4.5 , 2016, by 4 'j6,-zz6e,C9' , whose signature appears hereinabove, who is personally known to me or who produced as identification. /411�� NOTARY P BLIC STATE OF FLORIDA %' JAMES P.WARD ` `:Commission#FF 966306 Print Nance;: 'd:ca 'tiaM..,1 ?0*0_ yr, y� Bonded Thru Troy Fain Insurance 800385.7019 My Comn ;{�i :ti Yp�P` ---__ 16I 1 OATH OR AFFIRMATION OF OFFICE I, C_ eS[ey E A(Srarnc , a citizen of the State of Florida and of the United States of America, and being an officer of the Flow Way Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Flow Way Community Development District, Collier County, Florida. (,,.--,____,Q,L9 i/`-\Signature Printed Name: /U`f�fy •/t1 C1t f STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this , ' day of , 2016, by , whose signature appears hereinabove, who is personally known to me or who produced as identification. NOTARY PUBLIC STATE OF FLORIDA • ••. JAMES P.WARD Print Name: ``°'A% -tv hmm;asipnaEF966306 ra: Expires March 1,2020 My Corn miss ofT'E7tt'irowedThru Troy Fain Insurance eo0.36.7019 16 I 1 MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT Regular Meeting of the Board of Supervisors of Flow Way Community Development District was held Tuesday, October 18, 2016, at 3:30 p.m. at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: Dave Truxton Chairperson Skip Adams Assistant Secretary Chris Nirenberg Assistant Secretary Absent were: Anthony Burdett Assistant Secretary Steve Reiter Assistant Secretary Also Present were: James P. Ward Ward District Manager Greg Urbancic District Counsel 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:10 p.m., and roll call determined that all members of the Board were present with the exception of Supervisor Reiter and Supervisor Burdett. 2. Consideration of Minutes of the August 9, 2016 Meeting Motion was made by Mr. Adams and seconded by Mr. Niremberg to approve the Minutes of the August 9, 2016 meeting, and, with all in favor, the motion was approved. 3. Consideration of Resolution 2017-1 re-designating the officers of the District. Mr. Ward explained that with some of the additions they have had to the Board, the new resolution keeps the positions of current members the same and adds Mr. Niremberg as an Assistant Secretary. 161 Flow Way Community Development District October 18, 2016 Motion was made by Mr. Truxton and seconded by Mr. Adams to approve Resolution 2017-1 as described above, and, with all in favor, the motion was approved. 4. Consideration of Work Order—Waldrop Engineering to provide engineering report, attend meetings relative to the Series 2016 Capital Improvement Program. Mr. Ward informed the Board that this Work Order is for the engineering report for Phase 5 - 2016 Bonds. Motion was made by Mr. Truxton and seconded by Mr. Adams to approve the Work Order as described above, and, with all in favor, the motion was approved. 5. Consideration of the proposal from U.S. Bank for trustee fees to the Series 2016 — Phase 5 Bonds. Mr. Ward explained that the document for consideration explained the fee structure for the Series 2016 — Phase 5 Bonds, and it was consistent with what is currently being paid for other bonds. He commented that these fees were slightly less than usual. Motion was made by Mr. Truxton and seconded by Mr. Adams to approve the proposal from U.S. Bank as described above, and, with all in favor, the motion was approved. 6. Consideration of Resolution 2017-2 declaring special assessments; indicating the location, nature and estimated cost of those improvements which cost is to be defrayed in whole or in part by the special assessments, providing the portion of the estimated cost of the improvements to be defrayed in whole or in part by the special assessments; providing the manner in which such special assessments shall be made; providing when such special assessments shall be made; designating lands upon which the special assessments shall be levied; providing for an assessment plat; adopting a preliminary assessment roll; providing for a public hearing to consider the advisability and propriety of said assessments and the related improvement; providing for notice of said public hearing; providing for publication of this resolution; providing for conflicts; providing for severability; and providing an effective date. Mr. Ward explained that this document shows the location, nature, and the estimated cost of improvements, and it provides for the manner in which those assessments will be paid for by the District. 2IPage 1 (0 Flow Way Community Development District October 18, 2016 Mr. Ward indicated that there are essentially two documents attached to the resolution. He stated that the first is the engineers report for Phase 5 which identifies the infrastructure that the District will be either acquiring or constructing as a result of the issuance of the Phase 5 Bonds, the cost of that infrastructure, and the way in which that infrastructure shall be allocated to the different land use elements. The second report is the special assessment methodology that Mr. Ward prepared for the Board. This is also consistent to what they have seen in the past and simply identifies how the assessment is levied on all of the properties that are affected by the Series 2016 - Phase 5 Bonds. In this particular report and in the engineers report, the only difference is that the District is in the process of annexing a piece of land into the project, so these reports include the funding necessary for the annexation piece. Once the Bonds are issued, a re-assessment of the lands for the portion of the District to which the annexation is related will occur. Mr. Ward reported that, at this point, there is approximately $4.6 million in project costs, which relate to a bond issue of approximately $5,570,000. He stated tis figure will change based upon the actual interest rates, the reserve account requirement, the amount of the cost of issuance and the capitalized interest that will be needed for this particular project. Mr. Ward noted that specifically with respect to the capitalized interest, this will only happen for one year. The properties in the Phase 5 area will be assessed beginning next November. Mr. Ward called for questions. None was asked and there was no discussion. Motion was made by Mr. Truxton and seconded by Mr. Adams to approve Resolution 2017-2 as described above, and, with all in favor, the motion was approved. 7. Consideration of Resolution 2017-3 setting a public hearing to be held on November 22, 2016, at 3:00 p.m. at the offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite300, Naples, Florida 34103, for the purpose of hearing public comment on imposing special assessments on certain property within the District generally described as the Flow Way Community Development District in accordance with Chapters 170,190, and 197 Florida Statutes. Mr. Ward added that all property owners will be mailed notices 30 days in advance of the public hearing date. Mr. Ward called for questions. None was asked and there was no discussion. Motion was made by Mr. Truxton and seconded by Mr. Adams to approve the Resolution 2017-3 as described above, and, with all in favor, the motion was approved. 3IPage i6I1 Flow Way Community Development District October 18, 2016 8. Consideration of Resolution 2017-4 of the Flow Way Community Development District authorizing the issuance, not to exceed $12,000,000 aggregate principal amount, of its Flow Way Community Development District Special Assessment Bonds, Series 2016 (Phase 5 Project), in one or more series (The "Series 2016 Bonds"); determining certain details of the Series 2016 Bonds; approving the form of and authorizing the execution and delivery of a fourth supplemental trust indenture; authorizing the negotiated sale of the series 2016 bonds; appointing the underwriter; approving the form of and authorizing the execution and delivery of a bond purchase contract with respect to the Series 2016 Bonds and awarding the Series 2016 Bonds to the underwriter named therein, pursuant to the parameters set forth in this resolution; approving the form of and authorizing the distribution of the preliminary limited offering memorandum and its use by the underwriter in connection with the offering for sale of the Series 2016 Bonds and approving the execution and delivery of a final limited offering memorandum; authorizing the execution and delivery of a continuing disclosure agreement and the appointment of a dissemination agent, a true-up agreement, an acquisition agreement, assignment agreement, and a completion agreement; providing for the application of Series 2016 Bonds proceeds; authorizing the proper officials to do all things deemed necessary in connection with the issuance, sale and delivery of the Series 2016 Bonds; making certain declarations; appointing a trustee; providing for the registration of the bonds pursuant to the DTC Book-Entry System; providing an effective date and for other purposes. Mr. Ward introduced via telephone the bond counselor, Misty Taylor. Ms. Taylor explained to the Board that this resolution is an authorization/delegation resolution. She informed the Board that it accomplishes two things: authorizes the bonds to be issued and authorizes the sale of those bonds to FMS. Her office will make all of the necessary negotiated sale findings in the resolution, authorize all of the forms of the documents that are needed to move forward for the bond closing, which is a four supplemental trust indenture, a bond purchase contract, a preliminary limited offering memorandum, the continuing disclosure agreement, the true up agreement, the acquisition agreement, the assignment agreement and the completion agreement, and all developer district agreements. Ms. Taylor reported that they approve the forms of those documents; they believe them to be substantially final. However, she said that in any deal like this, with so many moving parts, there are changes to be made to perfect it. The delegation part of the resolution basically delegates to the Chair or Vice Chair authority to execute these documents and by executing them they approve any future changes. She states that it also authorizes the Chair to enter into that bond purchase contract subject to the parameters that are spelled out in the resolution. She expressed that those parameters are that the bonds will not exceed a par amount of $12 million, the bonds will not exceed the maximum interest rate allowed by Florida law, and the price parameter of 4 16 1 1 Flow Way Community Development District October 18, 2016 not less than 97.5, final maturity not later than 2049, final call date of November 1, 2030. If these parameters are met, the Chair is authorized to execute the purchase contract. Ms. Taylor informed the Board that normally they would deem bonds bank qualified, but in this circumstance, they delegate to the Chair the ability to deem the bonds bank qualified, which gives a preferential rate to certain types of institutions that may purchase and hold the bonds. She stated that they have provided an indenture that they can receive and issue bonds for construction proceeds on the annexed property and certain parameters must be met, including that the land is officially annexed and the assessments have been levied. She said this all must be done by December, 2017. Ms. Taylor asked for questions from the Board. Mr. Truxton asked at what point would the interest begin to be paid. Ms. Taylor responded that interest would commence being paid on May 1, 2017, and that it would be fund with bond proceeds for the first and second interest payments. She advised that principal payments will not be made until the assessments have been procured and are ready for collection. Mr. Ward added that the simple answer is that they will capitalize interest for May 1st and November 1st of next year; then November of 2018 is when the assessments will first be paid. Ms. Taylor pointed out that if the annexation does not take place by this date, then those bonds would be taken away, and no interest would be due. Motion was made by Mr. Adams and seconded by Mr. Neremberg to approve the Resolution 2017- 4 as described above, and, with all in favor, the motion was approved. 9. Staff Reports a) District Attorney — Mr. Urbancic reminded the Board that the Boundary Amendment will go before the Board of County Commissioners on November 15. He told the Board that he has been informed that it will be on the Summary Agenda, so if they do not get pulled off by an objecting commissioner, consent should be given. Mr. Urbancic says that he will monitor that, but it looks good. b) District Engineer— No report c) District Manager - No report 10. Supervisor's Requests and Audience Comments There were no comments by the Board and no audience present. 11. Adjournment 5 Page 16 I I Flow Way Community Development District October 18, 2016 Motion was made by Mr. Adams and seconded by Mr. Truxton to adjourn the meeting, and, with all in favor, was approved. The meeting was adjourned at 3:27 p.m. 'i77/ James . Ward Secretary ave Truxton, Chairman 6IPagc 161 1 ?'apLrEi Batill NaplesNews.com Published Daily Naples,FL 34110 Affidavit of PubVation State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication i^the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 1309715 NOTICE OF REGULAR ME Pub Dates October 17,2016 (Sign ure of affiant) 2( 6''.."/7 lidikoduridimibromordimaribriukidr Sworn to and subscribed before me 1 +"P2C••, IVONNE GORI 0 This October 2016 `("T.� Notary Public-State of FlorldsIg Commission a FF 9008/0 ' ' My Comm.Expires Jul 16,2019• 1=0. Bonded through National Notary Assn. ;OTLt -i ' (Signatur of affiant) ' 1611 MINUTES OF THE LANDOWNERS' MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Landowners' Meeting of the Board of Supervisors of Flow Way Community Development District was held Tuesday, November 8, 2016, at 3:00 p.m. at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Landowner's Present: Anthony Burdett Taylor Morrison of Esplanade, LLC Also Present were: James Ward District Manager Greg Urbancic District Counsel Skip Adams Member, Board of Supervisor's Chris Nirenberg Member, Board of Supervisor's 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:06 p.m. 2. Election of a Chairperson for the Purpose of Conducting the Landowner's Meeting. Mr. Ward stated that there was one landowner present and welcomed Mr. Burdett to conduct the meeting, but also offered to conduct the meeting for him. Mr. Burdett asked that Mr. Ward do so. 3. Election of Supervisors a. Determination of the Number of Voting Units Represented or Assigned by Proxy. Mr. Ward said there was one proxy by Taylor Morrison of Esplanade, LLC, assigning 328 votes to Mr. Anthony Burdett. b. Nominations for Supervisors 16 I 1 Flow Way Community Development District-Landowner's Meeting November 8, 2016 Mr. Ward explained there were three positions available: Mr. Truxton's, Mr. Adams' and Mr. Niremberg's, and he asked Mr. Burdett to nominate three individuals. Mr. Burdett nominated Mr. Truxton, Mr. Adams and Mr. Niremberg. c. Casting of Ballots Mr. Ward provided a ballot to Mr. Burdett and asked that he fill it out and stated that the two candidates receiving the highest number of votes would serve four-year terms and the one with the lesser number of votes would serve the two-year term. d. Ballot Tabulations and Results Mr. Ward announced that Mr. Truxton and Mr. Niremberg had received 328 votes and would be sworn in and serve four-year terms and Mr. Adams had received 327 votes and would be sworn in and serve a two year term. There were no landowner questions or comments. The meeting was adjourned at 3:10 p.m. "i-e.4/f / Jame Ward Secretary ave Truxton, Chairman 2IPage OFFICIAL BALLOT 1 b I 1 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING—NOVEMBER 8,2016 For Election (3 Supervisors): The two (2) candidates receiving the highest number of votes will each receive a four (4) year term, and the remaining candidate shall receive a two (2) year term, with the term of office for each successful candidate commencing upon election. The undersigned certifies that the undersigned is executing this Official Ballot in his or her individual capacity as landowner, or in his or her capacity as an authorized representative of the entity named below as landowner, (hereinafter, "Landowner") and that Landowner is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Flow Way Community Development District and described as follows: Property Description Acreage .h if [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.) The number of authorized votes for this--- ballot is: I, ��,N'1 at4 f r=e4"ih'my individual capacity as Landowner; or in my capacity as an authorized representative of Landowner, an entity; or as the proxy holder pursuant to the Landowners Proxy attached hereto, do cast my votes as follows: NAME OF CANDIDATE NUMBER OF VOTES 1. 1J�bJtiA j' 2t1�tt-r>IJ 2. C wczk t v2_ 3. C aLE y Po A 1J\`7 32-1 Date: kI / /i 4v Sned: Printed Name: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto.(e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY i b I 1 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—NOVEMBER 8, 2016 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: /i)iA.'J/JI Za/L�t?C 7" Proxf holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Flow Way Community Development District to be held at the offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjourn ent or adjournments thereof, but may be revoked at any time by notice thereof, in w in i d with the Secretary of the Flow Way Community Development District. Signature /l �rimy- Print Name Date Property Description Acreage SEE ATTACHED EXHIBIT 1 [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: .1;e,' NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto.(e.g.,bylaws,corporate resolution,etc.). 6 I 1 g i§§§§ x�aaasa§§`s ^ .saaaaaaAaaaq:�Xxsa..�a�"a555���a�a�9�a���9°£�a��9���9��a�9�9������?=s�asg��aaaaaaa33�xg3gR s a! x xxxxxxx:xxxx:xxxxx:xxxxxx::xx::x:::xx::xx333333-3---e.s3------3- �Q��3�333 a § r r r r r r r x r r r r 111 soxasasoE xa�sseesaa�euasssooaosaosasaaaaa�aaasaaaaa�osaaaaxaoaeaaooxassasaseneeeaaxsxxaaasxaasasa aaaaaan:f:A aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa aaaaaaaapggRgpaa^^^�^�Faaaaaaaaaaa�aRRR�AAARRAgAARRftRRARRAARARAARAARRR�AAAARRRa�aMMMaaa�aagaaq'"-"70�3� ^xa�aaXad�aRXXaAARAXaaAXXaARAXARAaaaAAAR9SRAgRaAF7XAAAApAAAAAAAA9q„AAgRaAxASSaaraq'gRARAAaAaAaAARARRA 1 § IU § 1MMCM"ss x=as§"s§ sW"s §§s s1"§ a § §§` § q 51MIMM 4 II! 111q111111111111=1111;;IIIIMM1111;110;11;111111;11;11111111111111WilM111111=1;11 III 111111111111i1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 I P I /PIPPP M LI PPPPPP@4IP;;;;FIFA P°PPPIP PP 5 11@1PPP@I PIIPPPPPI PPP/PPPIPPPP 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 e�aaaa^-aa._a aaaaaaa.aaaa=_aaa=aa9aaaaaaaaaaaaaa3a.aa a:saaaa.aaaaaaaa a a as as %axxxxxx XXXAXXXXXXXXaxxXXXXXX giiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii gtGGGttttGttte.t. 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Present and constituting a quorum were: Dave Truxton Chairman Skip Adams Assistant Secretary Chris Nirenberg Assistant Secretary Absent was: Anthony Burdett Vice Chairman Steve Reiter Assistant Secretary Also Present were: James Ward District Manager Greg Urbancic District Counsel David Williams District Engineer 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:00 p.m. 2. Oath of Office Mr. Ward stated he had previously sworn in Mr. David Truxton and made the oath of office a part of the record. 3. Consideration of Resolution 2017-6 Re-designating the Officers of the District Mr. Ward stated there was no change in the officers. Motion was made by Mr. Adams and seconded by Mr. Truxton to approve the Officers as described above, and with all in favor, the motion was approved. 16 1 Flow Way Community Development District November 22, 2016 4. Public Hearing: a) Capital Improvement Program — Phase 5 — Series 2016 I. Public Comment and Testimony Motion was made by Mr. Truxton and seconded by Mr. Adams to open the public hearing for the item described above, and, with all in favor, the motion was approved. Mr. Ward stated that there were no members of the public present, and no written comments were received related to this public hearing. Motion was made by Mr. Truxton and seconded by Mr. Adams to close the public hearing, and with all in favor, the motion was approved. II. Board of Supervisor's Comments Mr. Ward asked for comments and questions from the Board and there were none. Ill. Consideration of Resolution 2016-7 Mr. Ward stated that this Resolution authorized the construction projects and/or acquisition of the Series 2016 Phase Bonds, and equalized, approved, confirmed and levied the special assessments for the district. He stated that the only change was the final special assessment report: it now tied out to the par amount of bonds that had been anticipated for the project and levied the assessment at the rates that were enumerated in the report, which were slightly lower than the original preliminary methodology that were noticed to all property owners. Mr. Ward called for questions on the resolution, and none were asked. Motion was made by Mr. Adams and seconded by Mr. Niremberg to approve Resolution 2016-7 as described above, and, with all in favor, the motion was approved. 5. Staff Reports a) District Attorney Mr. Urbancic stated that Collier County Ordinance 2016-35, which explained boundaries, became effective on November 17, 2016. He said a notice of establishment would be recorded because the boundaries have been amended. 2 1.6 Flow Way Community Development District November 22, 2016 — ! 1 Mr. Urbancic stated that in connection with the bond issuance, there would be various requisitions that would be funded. He said the first one was Requisition 2 which recognized that a promissory note was issued which mandated if and when bonds were issued relating to those improvements, the amount would be paid. He said, therefore, that requisition would be paid. He explained that Requisition 3 was for Storm Water Management Improvements, which were primarily for blasting and excavation expenses, and needed authorization. He explained that there was a bill of sale, owner's affidavit, and a drainage easement which gave property rights. Motion was made by Mr. Adams and seconded by Mr. Niremberg to approve Requisition 3 and authorize the Chair to sign the documents on behalf of the CDD. With all in favor, the motion was approved. b) District Engineer— No report. c) District Manager— No report. 6. Supervisors' Requests and Audience Comments Mr. Ward called for comments, and it was clarified that Requisition 2 had been sent out by the previous Board, and Requisition 1 was the Cost of Issuance related to the issuance of the bonds. Mr. Ward stated there were no members of the audience present. 7. Adjournment Motion was made by Mr. Adams and seconded by Mr. Niremberg to adjourn the meeting, and with all in favor, the motion was approved. The meeting was adjourned at 3:09 p.m. Jame . Ward Secretary Dave Truxton, Chairman 3IPage td 11 ?'apLr 'i Datill Nr1116 NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 1341036 NOTICE OF REGULAR ME Pub Dates November 15,2016 /12‘‘ ?-".." (Sign ure of affiant) �.u"; IVONNE GORI Sworn to and subscribed before me 1 ,,.,� �.�,,•• This Novembe 23,2016 1 �, Notary Public-State of 1 �' •i Commission x FF 900870Floridaloci ?= My Comm.Expires Jul 16.2019 I .... Banded through National Notary Aun. 0i111Q - (Signatur of affiant) ' 16D Tuesday,November 15,2016 Naples Daily News R„r`nr:,I:sr Lull/I];]I;u ll flNowa Out of State �@ Campers&RV'ti Automobiles for Sale Notice A FURNISHED ROOM- NO BIG CANOE,GA SATURN VUE 2008 hybrid,80K M004 Mercedes Benz E5 S against you and you are Now accepting for 2/2t term Y ' deposit,private entrance, reservations 2/2 cabin Iles,Set,c as tow car. 2004 Mercedes Benz E500 required to Serve a Copy of cable.(239)774-6851Metallic red,chrome wheels. 4 condition, miles,Excellent your written defenses,if any to on 3 acres in the exclusive $8200,(239)642-8866, condition,Silver exterir ton Attorney Cheryl L.Burn, 16 Big Canoe mountain resort Iin,tnc sal or.Black leather interior, attorney for Plaintiff,whose Space Rentals an hour north of Atlanta. WANTED AU.MOTOR HOMES $8,500.Call Ulises in Naples address is Wemen.Weinberg COMMERCIAL/OFFICE Hot tub in deck and glorious NEED CAM AND CAMPERS.Any cond. at 262-914.4632. &Reis Co,L.P.A.,3705 Marlene views.Enjoy golf,tennis, We buy owner Cash Paid. (954)789.7530. MINI COOPERS Clubman Drive,Grove City, with 43123 900 square ft, $865 mo. king,waterfalls.Explore financed mortgages, and file the original with the (239)262-4121 &shop nearby mountain Receive money in 2010 R1t061A,fun car to clerk of the bove styled towns.For photos,rates one lump sum. Recreational Stott,o• drive!$9,991 Devoe Buick yler and availabilitysee listing Get afro¢quote. GMC,(239)649-1400 court, on of otherwise November °Real Estate y 25 2016; a default #4951666)VR1233 or (880)861-2003 STORAGE: auto. C OM ES SATURN VUE 2008 hybrid,80K will be entered against you (706)579-1233 2:11 ® RVs, boat, auto. Covered Iles,set up as tow a car. for the relief prayed for in the available. (239)643.0447 Metallic red,chrome wheels. This notice or peil k published l(rs8111 PAC 0(l8 O E8200.(239)642.8866. This notice shall be four 0once a week for four Real Estate Sports and lora,t,. consecutive weeks in the loCalfieds Commercial NAPLES DAILY NEWS Boats/Motors/Mann` BENTLEY CONTINENTAL GTC- WITNESS id hand and the Offir:es/Warehuiise/sale $69, 0.black,)26y 77K miles, seal of said count this 24 iar Up To 3Monthf FREE RENTI '01 RANGER CC I9FT 150NP E69.900.(239)269.7713. County.Ocober.Florida loHTday24 At FRENCH QUARTER AAA BEAUTIFUL SUITES Johnson.Trailer; Exc.Cond. Automobiles for Sale CHEVY CAMARO 2001 Z285S, of Clerk Name DWI Executive Suites and Triple FROM 5295.With conference $7,900. (239)877-4450. only 11K miles,COLLECTOR Clerk clerk Circuit BROCK Net Commercial Space, room.Call239-643-I600 50.SLIP,-WINDSTAR Marl '94 OLDSMOBILE CUTLASS CAR,$19,900.(139)269.7713. AS Clerk,Circuit Court Various Sizes.Beth Snake on Naples Bay.Lease$450 SUPREME Convertible;71K MAZDA CX-9 2010.Sur, COLLIER County,Florida 239.261.2888 Bus,n„ss newt!,-S.IIe mo.or for sale price call miles all white,ex,cond., 53,000 trouble free miles. By:/siuty Court Dick(508)364.6264. must see! $3,999. OBO. Exc!$11,500.(239)949-0383, By:Deputy Kathleen Murray SI,I.r„•Ulrits OFFICE SPACE FON SALE - Naples(207)651.7929. November clerk 1253 sf,3960 Radio Rd,Sale CAPTAINS LICENSE MERCEDES BENZ S 550 COUPE November B.15,22,&29.2016 A/C LOCKERS, 3'x4'u to or lease withoption possible. Naples OUPV-6.pale BUICK ENCLAVE 2014, 2016. AUG Sport, white, No.1350631 warehouse size,lowest sin Call Hoe,239.404-0298. Dec 5th 877-435-3187 QM6644,premium,only 15k huge options,only 3K mi., miles E35,991.DeVce Buick $129,900.(239)269-7713. There's 11tC1.G$j!Q place GMC, ERANO2013 black,15-BEN25L 600 2006 r Q Real Estate FORMULA black,15K miles,Renn-Tech ]j](e,„ fCl BUICK YE miles,great pkg.,$49,900.(239)269-7713. RENT R FAST.(! 05SC ae ModeI A I I Q for$1436,low miles, TOYOTA AVALON XLS 200T Naples Dail News tr�rorn sr.s.sro.I„ color$14,792.Devoe Buick Towner,89K mi.,leather, Real Estate offers special packages' 11181'B's no Place like-here rmuiaboataso,n. GMC,(239)649-1440 $7600.(239)514-4809. you Rent our - zss• JJ1110a to bolo Y - CADILLAC cell Premium, property now 1 1owner, excellent cords- Stunt Utility Vehicles f� $13tio 00 60 (2 new tires, Bert Rental Package . ��Ca'�J•'e�s 2006 ITASCA 35A 5uncruiser, 513,000 OBO.(239)440-2281. AWDNISSAN MURANO LE Z009 An •Naples Daily News work horse,3 slides,perfect, front and rear l nav,phone, •naplesnews,com top of the line,pits avail, CADILLAC DTS 2008. pearl front and rear heateA seats, •Marco Eagle $62,000. (239)642-8866. white, leather, loaded, black leather interior,grey •The Banser $10,600.Call(239)293-2332. body.New brakes and n 1!.00GL1.fieds ,e S/Rent 2009 WINNEBAGO Outlook •Collier Citizen - great condition.$17,500. TOLLGATE BUSINESS PARK Class C,30',2 slides,full CHEVROLET MALIBU 2005, (862)222.6073. 9 goes-14 Days 5235.50 Tollgate Plaza,Convenient paint,jacks,gen.,new tires, runs great,4 dr,123K miles, Other ackage options Naples Location 3000 5y upgrades.239-352-0868 many new pates, $3500. (\l,•r,ar,-„,,..,:Mopeds Notice TO Creditors available - ft;(2) 14ftx14ft overhead GET MORE FOR YOUR RV (239)791-6591 after 4PM 16.CP-002188 doors;Central A/C,2 offices, Selling or Consigning, LEXUS RE 3502012 2760 Smiles, Burg man hex. Email: 2 Baths;52800per month. Call Now: 7600 miles,dark blue,ed. T THE TWENTIETH)COURT OF$25,991.B299 only¢Buick Iles M never2ow6-gparaged. THETWN AND R COLLIE eb of cui y-ZH3-ws.co Available Now. Call Paul www.euyescapesrv.com 29)649Buick GMC On Marco(802)236-2909 CIOUNT,NAND FOR COLLIER Or CAU 239.263.4TN (239)253-4755 w(239)302-3789 (239)649-1400 2009 HARLEY DAVIDSON COUNTY,FLORIDA PROBATE Sportster motorcycle,excel- DIVISION lent condition.Contact Ross. File No.16-CP-002388 (239)771-3807 IN RE: ESTATE OF DONALD BMW 1200RS 2003, blue RICHARD DOLAN,Deceased. d whitemint condition, 54,400.Call(239)877-4450, NOTICE OF ADMINISTRATION Vans The administration corn of the estate , DONALD m CNRYSIER TOWN A COUNTRY oftheRICHARD state deceased, 2014.Wheelchair Van with File Number 16-C 88,is 10"lowered fir,ramp&tie pending in the Circuit Court downs.(239)494-8267. for Lee County, Florida, has a new feature! Probate Division,the address Vehicles Wanted of which is Lee County Justice ``a. Center, 2075 Dr, Martin "9 " ABSOLUTELY ALL AUTOS- Luther King Junior Blvd., Wanted!Dead or Alive Top$ Fort Myers,FL 33901. The FREE PICK UP 239-265-6140 names and addresses of the CASH FOR CARS personal representative and letY Condition the personal representative's We Buy Vehicley Condition attorney are set forth below. Newer Nation's Top Car Buyer upoAnyn interested • FREE Towing From Anywhere! won, upon Whom this .'114. 4611PCall NOW once is served who intends 888-657-4599 to challenge al the validity e, Me will,the qualifications of the personal representative, CORVETTES WANTED - Top venue,or jurisdiction of the dollar.Cash today. Call 941- court,and all persons having 809-3660 or 941-923-3421 claims against this estate who ' .'"41 FIAT$0()-1960 LARGEST BUYER IN FL-Autos, are served with a re y if this • rorornaton notice,are e pp ' •��%A , mfomaum trucks,Mrs,cycles.$1K to with this court such able file Information $100K.Dave,(239)250-2000 objection Eve �(� - Information or claim 'thin the later of STEARNS MOTORS three months after the date (555)555-1234 MOST TRUSTED of the first publication of this E!t BUYER ince 1917. All behicSles wanted date of service ay of as fcopter thef • Rod or Jim(239)774-7360 this notice on that person. • Persons having • Auto Parts&ACC claims against the estate who ore not known to the personal SET OF FLOOR MATS-for TT representative and whose AUTOmaticPhotos ' pea Avalon,new in box,$75. names or addresses are not (239)287-8362. reasonablyy ascertainable ' ` �� estate within claims against after the date of the first Le9als \'! publication of this notice. �,, ALL CLAIMS AND OBJECTIONS NOT SO FILED WILL BE FOREVER BARRED. N,.t„,• The date of first publication of this notice is Sell your car with016. 11RUCTICA-S32ER RICHARD r'R LAN NOTICE OF ACTION CONSTRUCTIVE SERVICE RICHARD A.DOres T THE CIRCUIT COURT OF 1716 Tangiers Representative ,/ THE I OF FLORIDA,R JUDICIAL Hender , 8Drive RCUI OF RCOONIN AND LORRAINE J. NV LON _ FOR COLLIER 1 COUNTY CIVIL2LORRAINE ROLAN the Daily N ews i9012 w ACTION NO.11.2n16-CA-832 3890 Al oval Representative 3oni Aloha Lane •'�"'""" ,,,d,,,,l,.,, �('rY)) ROETZEL AND ANDRESS Bonita Springs,FL 34134 • Vs, s �\ `.9f IEFF MOATS A/K/A JEFFREY STUART A.THOMPSON(Fla. •DON'T HAVE A PHOTO OF YOUR CAR TO \. MOATS Bar#894680) Attorney for Personal AN 016!NFINIT!w.. NOTICE BY PUBLICATION Representative EMAIL US?NO PROBLEM-stop by our office � .�1, • .r• 1 5052 Tamiami Trail North, tk ♦ TO: JEFF MOATS A/K/A Suite at the Naples Daily News,1100 Immokatee Road * \ 1 , JEFFREY MOATS Naples,FL 34103 137 and we'll take one for you! • .,l YOU ARE HEREBY NOTIFIED November915&22,2016 that°that a petition No.1357187 •AD RUNS DAILY IN THE CLASSIFIEDS z. AND SATURDAY IN THE SWFL WHEELS • NOTICE OF REGULAR MEETING PUBLICATION(Formerly AUTO CLASSIFIEDS) _`•••'�� L' FLOW WAY COMMUNITY DEVELOPMENT DISTRICT • --' The Board of Supervisors of the Flow Way Community for 30 days max(if your auto sells before, ft.... Development District will hold a Regular Meeting on Tuesday, November 22,2016 at 3:00 P.M., the offices of Coleman, then callus and we will take it off) r,an ichFlo a Koester,P.A.,man Tamiami Trail North,Suite 300 34103 •AD WILL ALSO BE SEEN ONLINE at • -_-• --- The meeting is open to the public and will be conducted in I:, 'w accordance with the provisions of Florida Law for Community http://www,naplesnews.com/cars/ -D- / Cry Development Districts. A copy of the agenda for the meeting _=^-__ `11�. !•`Ns-1�1 may be obtained from the office of the District Manager,JPWard •AD IS GOOD FOR 6 LINES /0 Flri Associates330 (Phone4954 658 4900)hatteleasst fivelt(5)Manors. in _ __ advance of the meeting.In addition,the agenda will be posted _ -r"' • - on the District's web site at www.flowwaycdd.org. r- t The meeting may be Cancelled or continued to a date,time and Call your NDN representative for}Fiore infortroat on ocation specified on the record at the meeting. r'')r�(�_•]6'•�_4�/00 �- In accordance with the provisions of the Americans with L,.7TLA.7�'F/VV tVl-F Sam-spin _ - ---"`' "--- Disabilities Act,any person requiring special accommodatons or an interpreter to participate at these meetings should contact _- the District at(954) 00.at least five(5)days prior to the - . - date of the meetings. s.If If you are hearing or speech impaired, ":r----..-_.._.:: please contact the Florida Relay Service at 1-800A55-8770,for assistance in contacting the District Office. • If any person decides to appeal any decision made with respect • to any matter considered at these board meetings,such person Naple�a Daily Ariu toell need a sureth cord that verbahe tim record ings ofthe proceedings ch person may edingsismadeed at to ensure that a verbatim record off the proceedings is made at �► .� their own expense and which record includes the testimony and ':roer evidence on which the appeal is based, 1100 Immokalee Road I Naples,FL 34110 • www.ndnadvert oin isin .c Flaw Way Community Development District p g James P.Ward,District Manager November 15,2016 No.1341036 16I 1 ? apLrE 4.. Battu NettiS NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 1341020 RESOLUTION NO.2017- Pub Dates November 7,2016 November 14,2016 1 a,r,e, ii?;•7-', (Sign ure of affiant) Sworn to and subscribed before me I ;+;w"••�"";.,,, IVONNE GORI This Novemb 16,2016 IçI : Notary Public-State of Florida 0 •1 Commission*FF 900e10 dF'= My Comm.Expires Jul 16.2019 D i.,i7 I g �.`•:•` Bonded through National Notary Assn. 1 (Signatur of affiant) Naples Daily News Monday,November 14,2016 130 Homes Unfurnished Moor.P,•"; '.. Automobiles for Sale Notice Notice ' CONVENIENT ESTATES LOCA- OFFICE OR WAREHOUSE in CADILLAC DTS 2011 Premium, VISION BUILDING& to register the said name with 1 TION-4410 5th Ave SW,3BR, UPSCALE Naples complex, 1 owner, excellent c ndi- REMODELING the Division of Corporations Clean 3 Bedroom 2 Bath 1K-3.5K sf.(239)254-1971 lion all around, new tires, NOTICE OF INTENT of the Florida Department of Golden Gate Estates home f13,000080.(239)440-2281. Notice TO REGISTER FICTITIOUS State, Tallahassee, Florida. features gourmet kitchen, large living areas, conve- -• CHEVROLET MALIBU 2005, NAME Dated at Naples, Florida, niently located west of 951 spec.1 pat runs great,4 tlr,123K miles, 15-103-DP-GNG November 10,201fi. between Vanderbilt and to help You Rent�o•T` many new parts, f3500. IN THE CIRCUIT COURT OF NOTICE OF ACTION VISION BUILDING& Pine Ridge-Room available Property now. (239)791-6591 after 4PM THE TWENTIETH JUDICIAL REMODELING for a boat,motor-home or LEXUS RX 3502012 CIRCUIT IN AND FOR COLLIER Notice Under Fictitious Name November 14,2016 No.1355973 commercial vehicle.Recent Best Rental Pack Law Pursuant to Section '' NapIOF Daily Nt B36377A,only 46,912 miles COUNTY,FLORIDA JUVENILE 865.09, Florida Statutes Improvements include:New - $25,991.DeVoe Buick GMC DIVISION A/0,New roof,recent paint 'is%esnews-c9m (239)649-1400 CASE NO.:IS-103-DP-GXG NOTICE IS HEREBY GIVEN (ors no place and fresh appliances.LOcat- ' The U Eagle that the undersigned,Vision ed on a quiet,friendly,cut- •The Banner NEIICEDES-BENZ E•CU55 IN THE INTEREST OF: Building LLC, desiring to ,,, •CNikr CXiten Matti Mercedes Benz E500 SELINA ELVER,DOB:08-03-01 engage efictit fictitious name of Vision D Schools:Laurel Oak 4Ma4 Mercedes miles,Excellentthe ffii OakridgeiMiddle and Gulf condition,Silvereaten- JORGE ELVER DOB:09-19-00 Building & Remodeling, Real Estate Coast High.Separate Guest Ilner-14 Dario t 9Y5 or,Black leather interior. JESUS GARLIN,DOB:07.27.98 located at 5500 Wilmer Lane house at the rear of the Other oacka99e ptians CHILDREN propertys tenant occupied. available $8,500.Call Ulises in Naples in the County of Collier,in '. at 262-914-4632. Naples,Florida 34112,intends Non-smoking.Monthly Rent: SUMMONS FOR RMINAT p RR Emaik MINI COOPER S Clubman to DINGS care. includes water/lawn �T7'd E1fATL DT D care. 410 5th Ave SW.Call ., ksnews 2010 R1706M,fun car to ADVISORY Elver, HEARING Keith(410)218.5800(773)505- - 7 drive!$9.99111eVoe Buick TO: Jorge Elrer, Address Iele'6 ROp)8C8like helm 672Eor(4703/2 FOR R. - III GMC,(2006hybod. UnknownDELA You are herebyy Naples Daily News Localfieds loCalfieds North Na le FOR RENT SATURN VUE u008 hybrid,8I- notified that an INVOWNTARY North Naples*Delasol- RIG CANOE GA miles, t p as tow car. PETITION under oath,a 3/2 w/2 car garage for rent. Now acceptingshort term Metallic red,chrome wheels, copy /On 2c/2 car garage for back $8200.(239)642-8866. of which is attached, has Notice Notice reservations or 2/2 cabin been filed in the above-styled yard.Available immediately. on 3 acres in the exclusive N Pet welcome w/approval. Big Canoe mountain resort Si!!r ls.tnil lmn„i I'' Court E the IGRT the NOTICE OF RESCHEDULED COMMUNITY R DISTRICT $2,250/month. en hour north of Atlanta. children, Jorge of the NOTICE OF NOVEMBER REGULAR MEETING Ask for Linda at 239-631.6199 Hot tub in deck and glorious BENTLEY CONTINENTAL GTC- Elver ge and Selina views.En' 2007,black,only 19K miles. Notice is hereby given that the previously scheduled November Joy golf,tennis, $69,900.(239)269.7713. You are commanded 30,2016 Regular Meeting of the Board of Supervisors of the C"n d'is orn'shi d hiking,waterfalls.Explore toappear before thellunerable Mediterra South CommunityDevelopment District has been FURNISHED MARCO ISLAND towns.Forarrby photos,mountain s COnIlyyY11KChump 2COLLECTOR Geoffrey N.Gentile,Judge of rescheduled to be held on Tesday,November 29,2016 at 9:00 2BD 2BA CONDO-Furnished and availabilit see listingCAR,$19,900.(239)269.7713. the 0C4D c Court,on1 the 15th eI?in the Board Room at the Club at Mediterra,15755 Corso yy day of December,201Aaif h0 Mediterra Circle.Na01e5,Florida 31110. Marco Island 2BD 2BA for #495166 on VRBO.com or MAZDA CX-9 2010.Sur. a.m.in Courtroom•IA^of the annual rental,avail Dec 1st (706)579-1233 53,000 trouble free miles. Collier County Government The purpose of the meeting is for the Board to consider any $1,650/mo No pets or EKG!$11,500.(239)949-0383. Center, 3315 East Tamiami r smokers.Call/Text Joe Trailr Naples, Florida 36112, business which may properly come before it.Copies of the 518-369.0009.Across from MERCEDES BENZ S 550 COUPE Semce must be effected prior agenda may be obtained from the District Manager,WRATHELL, Resident Beach. 2016. AMC Sport, hite, prior to the stated HUNT AND ASSOCIATES,2300 Glades Road,Suite 410W,Boca Real Estate huge°lions,only 3K mi., to 72 hours Raton.Florida 33431,(561)571-0010,during normal business MARCO ISLAND,FL CONDO Commercial 5129.900.(239)269.7713. hearing date as per FSS 39.502 hours. FOR RENT - 2BR, Marco (4)and FIa,RJuv.P.8,20(1), ME Island,FL Condo For Rent- RCEDES-BENZ SL 6d0 2006 8.530(a)(1). The meeting is open to the public and will be conducted in Ofhres/W,irrhol'sel S.d, black,15K miles.Rene-Tech accordance with the provisions of Florida law or community Great location,2 blocks to Pkg..$49,900.(239)269-7713. PERSONALLY APPEARAT p the beach,across from San pap BEAUTIFUL SUITES TOYOTA AVALON XIS 2007 THIS ADVISORY HEARING development districts.The meeting may be continued to date, Marco Church.2 bedroom, FROM$295.With conference CONSTITUTES CONSENT time,and lace to be specified on the record at the meetings. 2 bath,end floor (stairs) room.Ca11239.643.1600 I owner,89K mi.,leather, There may be occasions when Board Supervisors or District unit.Screened in lanai,pool, $7600,(239)514-4809. TO THE TERMINATION OF Staff may participate by speaker telephone. Washer dryer In unit.No BI e.in,titi pi'� PARENTAL RIGHTS OF THIS smoking no pets allowed. p''ty S,il,' Spirt Utility Vehicles CHILD(THESE CHILDREN). IF Any person requiring special accommodations at the meeting Assigned parking.Available OFFICE SPACE FOR SALE - YOU FAIL TO APPEAR ON THE because of a disability or physical impairment should Contact December January,Febru- 1253 sf,3960 Radio Rd.Sale NISSAN MURANO LE 2009 DATE AND MAY TIME All SPECIFIED, the District Office at(877)276-0889 at least forty-eight(48) ary,March and April Two or lease with option possible. AWD.5nd miles, phone, hours prior to the meeting.If you are hearing or speech months minimum rental, Call Hope,239-404-0298. front and rear heated Seats, RIGHTS AS A PARENT TO THE m aired,please contact the Florida Relay Service by dialing at$3,200 per month.Call black leather interior,grey CHILD OR CHILDREN NAMED 800-955.8770,for aid in contacting the District Office. Michelle at 914-403-7724. body.New brakes and in IN THE PETITION ATTACHED (titir,s;W,I"hr,i's,s-ail"n great condition.$17,500. (Florida Each person who decides to appeal any decision made by the (845)228-2844 TO THIS NOTICE. MOORINGS LAKEFRONT 2/2 TOLLGATE BUSINESS PARK (862)222-6073. Statutes Section 39.801(3) Board with respect to any matter considered at the meeting is Furn. Condo Ready now! Tollgate Plaza. Convenient (a). PURSUANT TO SECTIONS advised that person will need a record ofuret proceedings and that $1700,annual.239-595-2874 Naples Location 3000 sp Merin-cycles/Mopeds 39.802(4)(d)AND 63.082(6) accordingly,the person may need to ensure that a verbatim ft;(2) 14ftx14ft overhead (q)FLORIDA STATUTES,YOU record°f the proceedings Is made,including the testimony and PELCIAN BAY Inteifachen 2003 SUZUKI Bergman 650, ARE HEREBY INFORMED evidence upon which such appeal is to be based. 2/2 w/lanai.2nd floor, doors;Central A/C,2 offices, 7600 miles,dark blue,ex. OF THE AVAILABILITY OF Seasonal.4 mo-min,$4,600/ 2 Baths:$2800 per month. cond.,never down,garaged. PRIVATE PLACEMENT WITH AS District Manager mo.No Smokers/Pets. Available Nov.1,2016.Call On Marco(802)236-2909 AN ADOPTION ENTITY, AS Mediterra South Community Development District References.845-987-1524 Paul(239)253.4755 }p09 HARLEY DAVIDSON DEFINED IN SECTOIN 63.032(3), November 14,2016 p No.1357158 Sporcond motorcycle,excel- withFLORIDA STATUTES. Con PSI UnftllrllsE RD. IfY area person Other Public No.lent Condition.Contact Ross, with a disability who eds (239)771.3807 RESOLUTION NO.2017.3 951 i MANATEE RD. any accommodation in order to New Carpet$1,200.2/2,W/D, Ella BMW 1200R5 2003, blue participate in this proceeding, no pets.View!239-394.2376 and white,miM condition, you are emitted,at no cost to A RESOLUTION OF THE BOARD OF SUPERVISORS OF FLOW F inaocial 54,400.Cali(239)817-4450. yo,to the provision of certain WAY COMMUNITY DEVELOPMENT DISTRICT SETTING A Duplx/M nitplx UnFllrn assistance. Please contact PUBLIC HEARING TO BE HELD ON TUESDAY,NOVEMBER Vehicles W:l nt ril the Administrative Services NEED CASH? 22,2016 AT 3:00 P.M.AT THE OFFICES OF COLEMAN, NAPLESS PARK 2BR,1BA We buy owner Manager hose office N NORTH, &KOESTER,PA., 4001 TAMIAMI TRAIL n Naples,FL,34108 financed mortgages. ABSOLUTELY ALL AUTOS- located at 3315 Tamiami Trail NORTH,SUITE 300,NAPLES,FLORIDAMME 34103.FOR THE Close to Vanderbilt Beach, Receive moneymFREWanE PI Dead or 65 Top$ East,Naples,Florida number PURPOSE OF HEARING PUBLIC COMMENT ON IMPOSING Ritz Carlton,Mercato, FREE PICK UP 239-265-6140 and whose telephone number Restaurants& Get one lumpwin' is(239)252-8800,within two SPECIAL ASSESSMENTSE ON CERTB ASPR ERFL W Y CASH FOR CARS THE DISTRICT GENERALLY DESCRIBED AS THE FLOW WAY Shopping Malls. �• We Buy Any Condition king days of your receipt COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE Available now!Large 2BR, Vehicle 2000 and i this document;i1 you are WITH CHAPTERS 170,190 AND 197,RORIDA STATUTES; IBA,lots of closet space,Iw- Newer Nation's Top Car Buyer hearing or voice impaired,call AND PROVIDING AN EFFECTIVE DATE. ing/dining room,nice kitch- Investments FREE Towing From Anywhere! 1.800-955-8771- en.bathroom remodeled. INVESTOR/PARTNER-or new Cali NOW PLEASE BE WHEREAS,the Board of Supervisors("Board")of Large utility room.Nicely 888-657-4599 GOVERNED ACCORDINGLY Flow Way Community Development District("District")has No smoking.throughout,Pets. jetted profits.239-300-3611and Official Seal as Clerk of previously adopted Resolution No.2017-2 Yearly Lease,f1,300 Pets. CORVETTES CORVETTES WANTED - Top e Collier County Circuit last security.Good credit. dollar.Cash today.Call 941. Court this 4 day of November, A RESOLUTION OF THE BOARD OF SUPERVISORS OF Owner/Agent 809-3660 or 941-923-3421 2016. FLOW WAY COMMUNITY DEVELOPMENT DISTRICT Ana at 305.139-5512 or LARGEST BUYER IN R-Autos, Dwight Brock.Clerk DECLARING SPECIAL ASSESSMENTS;INDICATING THE Rene 305-S86-8862 , trucks,RY'$,cycles.$IK to Of Circuit Court IMPROLOCATION,NATURE AND ESTIMATED COST OF THOSE $100K.Dave,(239)250.2000 Collier County,Florida(SEAL) WHOLE OR INNS WHICH COST IS TOIBE DEFRAYED S: By:/s/Marilyn Hallwell PROVIDING I OR PART PORTION THE SPECIAL ASSESSMENTS; OF Seasonal/Vacation Rentals guilts!Mntnrs/Marine STEARNS MOTORS November 7,14,21&28,2016 THE IMPR THEVEMENTS BE THEF ESTIMATED IN EWHOLE OR MOST TRUSTED No.1342238 THE IMPROVEMENTS TOCI DEFRAYED IN WHOLE OR 3/2+DEN HOUSE FOR RENT '01 RANGER CC 19FT 150XP BUYER Since 1977. IN PART BY THE SPECIAL ASSESSMENTS;PROVIDING near Naples beach,Willough- Johnson,Trailer:Ex).Cond. All Vehicles wanted THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS by Acres,3 nip.min„ pool. $7,900. (239)877.4450. Rod or Jim(239)774-7360 SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL Pet ok,Owner(239)597-8430 50'SUP,-WINDSTAR Marina QReal Estate ASSESSMENTS SHALL BE MADE;DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE COQUINA SANDS CHARMING on Naples Bay.Lease$450 ,tr l,.,� 3BR,26A;Pool,outdoor liv- mo.or for sale price call There's no place like-here LEVIED;PROVIDING FORAN ASSESSMENT PLAT;ADOPTING rig area;Avail.Jan.Feb,Mar, Dick(508)364.6264. SET OF BOOR MATS-for Toy- - PUBLICPP HEARINGHIAR TO CONSIDER DRT ADVISABILITY ANDD Apr.$7000 mo(609)980.7208 CAPTAIN'S UCENSE ota Avalon,new in box,$75. LOCtLf te4S PRORI YSAID D SEMTHE ADVISABILITY T Naples OUPV-6-ak (239)287.8362. IMPROVEMENTS; OF ASSESSMENTS FOR AND THEERELATED NAPLESBeautifully BEACH DOWNTOWN tom P IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID Beautifully decorated,coin- Dec 5th 877.435-3187 PUBLIC NEARING:PROVIDING FOR PUBLICATION OF THIS pletely updated,turnkey, Pohl!.N"raei, Public Notices RESOLUTION;PROVIDING FOR CONFLICTS:PROVIDING 2/2 Condo,located three FOR SEVERABIUTY;AND PROVIDING AN EFFECTIVE DATE, blocks from Naples Beach, FORMULA PUBLIC NOTICE One block to 0CL Ave S. MARCO ISLAND,FLORIDA WHEREAS,in accordance with Resolution No.l2017-2. other RAINTREE CLUB. teas tee G,ou,l,t rlr� INVITATION TO BID a preliminary assessment roll has been prepared and all other Available now,great rate. conditions precedent set forth in Chapters 170,190 and 197, Call 239-220-0229 I '. .. City of Marco Island Aquifer Storage and Recovery(ASIO Filter Florida Statutes to the holding of the aforementioned public Tank Rehabilitation hearing have been satisfied,and the roll and related documents NAPLES PARK/500 BLOCK ITB No.17-004 are available for public inspection at the offices of Coleman, 5 minute walk to beach. Cam{leis:.RV's M ich&Koester,P.A-,4001 Tamiami Trail N.,Suite 300, 3BR 2BA,slit floor plan. Sealed bid proposals will be received by the City Clerk,City of Naples,FL 34103 and the offices of the District Manager at TV room.Separate Laundry 2006 ITASCA 35A Sunperfect. Marco Island,50 Bald Eagle Drive,Marco Island,Florida 34145, JPWard&Associates,LLC,2041 NE 6 Terrace,Wilton Manors, room. Private lanai,back- work horse,3 slides,perfect, until 2:00 PM(EST)on December 16,2016. Florida 33305. iog to pain trees. Available top of the line,pies avail, Monthly lan•rees..NOPetl. $62,000. (239)642-8866. GENERAL DESCRIPTION-PLEASE REFER TO PROJECT PLANS AND NOW THEREFORE BE OLVEDBYTNE BOARDORICT: VISORS $4850 per mo.For matt call 2009 WINNEBAGO Outlook SPECIFICATIONS FOR DETAILED REQUIREMENTS OF FLOW WAY COMMUNITY DEVELOPMENT DISTRICT: Skip (410)409.9671 Class C.30',2 slides,,full This project consists of removing and disposingexisting filter 1. There is herebydeclared a paint,jacks,Den.,new tires. 9 p public hearing NAPLES BEACH DOWNTOWN upgrades.23-352-0868 media and repairing four(4)existing ASR Filter Tanks(96-inch to be held on Tuesday,November 22,2016 at 3:00 m.,at the •CottaOes&Condos media vessels)onsite.Work nclu es:mobilization,vacuum offices of Coleman,Yovanovich&Koester,P.A.,4001 Tamiami *Luxury Designer Furnishings GET MORE FOR YOUR RV existing media,abrasive blasting to all interior components Trail North,Suite 300.Naples,Florida,34103,for the purpose *Amenities Galore Selling or Consigning• including but not limited to interior surfaces of tank,floors, of hearing comment and objection to the proposed special *Available Now Call Now! walls,piping,drains,anodes,etc.;cleaning debris and disposing assessment program for community improvements as identified •Details Call Q39)220.0229 www.easyesrapesrv,com per specifications:preparing in copy surface for new interior coating the preliminary assessment roll,a of which is on file SAND PIPER,BONITA BAY (239)302.3789 system including,but not limited mited to,repairing upper/lower at the offices of Coleman,Yovan°vich&Koester,PA„4001 High end fully updated unit, SATURN VUE 2008 hybrid,80K drains/laterals,main header pipes,all metal corroded:applying Tamiami Trail N.Suite 300,Naples FL 34103 and the offices Iles,set up as tow tar. coating system to all components of the tank(interior d f the District Manager at JPWard&Associates,LLC,2041 gated community,2BR 2BA, Metallic red,chrome wheels, exterior)per specifications;setting up new bed media Of(4) NE 6 Terrace,Wilton Manors,Florida 33305. Said preliminary l den w/trundle bed;sleeps vessels per specifications:installing new y improved.description 6.(4)flat screen TVs,Com- $8200.(239)642-8866. rain piping,pressure relief valves,anodes performing startup of the project Ito be assessed the andto ebaunt expected t be cast full pkg; high speed WANTED ALL MOTOR HOMES and commissioning of vessels.Project location:Source Water assessed to each benefited piece or parcel Of property.Affected ternet-Nov; Dec; Jan AND CAMPERS.Any cond. Facility at 7130 Collier Blvd,Naples,FL.This project is being bid parties may appear at that hearing or submit their comments in 54000 ma.;;�April S4500 no.: Cash Paid. (954)789-7530. as a lump sum contract. writing prior to the meeting and submit same to the office of the May-OH$4W0 ma District Manager at JPWard&Associates,LLC,2041 NE 6 Terrace, Call(609)209-3940 Recreation;'Stnraye It Is recommended that prospective bidders attend the pre-bid Wilton Manors,Florida 33305. WIGGINS BAY RENTAL meeting,which will be held at 10 AM(EST),Tuesday.November Wiggins Bay Villa,2/2, STORAGE: auto, C OM ES 2,2016 at 7130 Collier Blvd,Naples,FL 34114. 2. Notice of said hearing shall be advertised garage,Gated.Jan/Feb, RVs, boat, auto, Covered in accordance with Chapters 170,190 and 197 Florida Statutes. $4,000/mO+Tax,HOA. available. (239)643-0447 In accordance with State law and City ordinances,the City and the District Manager is hereby authorized and directed to 603-3neseD0 reserves the right to reject bids for administrative,including place said notice in a newspaper of general circulation published WINTE near Downtown contractor responsiveness and/or ref contractor responsibility,or within Collier County(by two publications one week apart with updated 2/2 condo, end budgetary reasons,unbalanced bids,reject any individual bid the last publication at least one week prior to the date of the floor, 1240 sq.ft.,resort- Transportation that does not conform to the Intent and purpose of the Contract hearing established herein). The District Manager shall file a style pool,tennis,Bocce,etc. Bidding Documents,bid from any person or entity that hasfailed publisher's affidavit with the District Secretary verifying such Now thru Jan,(614)571-3619 or is failing to perform similar work for the City,failed publication of notice.The District Manager is further authorized Aot"ni"hit,•',f'i Soh to satisfy claimss on on previous or current contracts with the City, and directed to give(30)thirty days written notice by mail of Simi Hc'rt.l l,, or has previously failed to perform properly or complete,on the time and place of this hearing to the owners of all property '94 OLDSMOBILE CUTLASS time,contracts o a similar nature.The prospective contractors to be assessed and include in such notice the amount of the COMMERCIAL/OFFICE SUPREME Convertible;71K shall be aware that performance as a prime contractor or assessment for each such property owner,a description of the 900 square ft $865 mo. miles all white,en,cond., subcontractor on previous or current City contracts or any areas to be improved and notice that information concerning (239)262-4121reft, must see! $4,900 OBO, current or past(within last 5 years)litigation against the City all assessments may be ascertained at the offices of Coleman. Naples see! 51-7929, might be taken into account in evaluating proposals received Maples,ith&Koester,P.A.,4001 Tamiami Trail N. Suite 300, Up To3 Montbs FREE RENT! BUICK ENCLAVE 2014. for this contract.Furthermore,the City reserves the right to Naples, 34103 or the offices of the District Manager at JPWard At FRENCH QUARTER QM6 postpone award of the contract for a period of time which shall &Associates,LLC,2041 NE 6 Terrace,Wilton Manors,Florida Executive Suites and Triple premium,only 15k not extend beyond 120 calendar days from the bid opening date. 33305.The District Manager shall file proof of such mailing by Net Commercial aI 577a miles$35,991.DeVoe Buick affidavit with the District Secretary. Various Sizes.Beth Snoke GMC,(239)649-1400 Information and Bidding v Documents can be obtained by 239-26s Size BUICK VERAN02013 downloading from .demandstar.com. Please direct 3. This Resolution Shall become effective upon QM6636,low miles,great questions to Line Upham,Purchasing and Fiscal Analyst t: its adoption. color$14,792.Devoe Buick luphamn:ue.Marco nano nil,Floridaom;or(239)389-5011;or 50 Bald Storage Units GMC,(239)6/9-II00 Eagle Drive,Marco Island,Fl 34145. PASSED AND ADOPTED this 18th date of October,2016 A/C LOCKERS, 3'x4'up to CADILLAC DTS 2008. pearl Dated this November 10,2016 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT warehouse size,lowest S's In white, leather, loaded, By:Roger T.Hernstadt,City Manager JAMES P.WARD,DISTRICT MANAGER Naples!(239)643.0447 $10,600.Call(239)293.2332. November M.2016 No.1357231 November 7&14.2016 No,1341020 1611 MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Flow Way Community Development District for Tuesday, January 17, 2017, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: Anthony Burdett Assistant Secretary Skip Adams Assistant Secretary Chris Nirenberg Assistant Absent were: Steve Reiter Assistant Secretary Dave Truxton Assistant Secretary Also Present were: James Ward District Manager Greg Urbancic District Counsel David Williams District Engineer 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:00 p.m., and roll call determined that all members of the Board were present with the exception of Supervisor Reiter and Supervisor Truxton. 2. Consideration of Minutes i. Regular Meetings — October 18, 2016, November 8, 2016, November 22, 2016 Motion was made by Mr. Adams and seconded by Mr. Niremberg to approve the minutes of the three regular meetings described above, and with all in favor, the motion was approved. 1 ' Page Flow Way Community Development District January 17,2017 16I1 ii. Landowners' Meeting — November 8, 2016 Motion was made by Mr. Adams and seconded by Mr. Niremberg to approve the minutes of the Landowners' Meeting of November 8, 2016, and with all in favor, the motion was approved. 3. Consideration of Utility Facilities for Parcel D-2 i. Mr. Ward stated the primary purpose of the meeting was to accept Utility facilities for Parcel D-2 and also to authorize the issuance of the Warranty Deed, Bill of Sale and the Owner's Affidavit to Collier County for the same utilities for Parcel D-2. He added that the documents were the same as all other utility acceptances and conveyances with the only difference being that they were also issuing to Taylor-Morrison a Promissory Note in the amount of the value of the infrastructure to be dedicated, which was $131,936.66. He said this amount was anticipated to be paid from the 2015 Phase 5 Bonds, once the procedure of assessing the lands that were annexed into the district in December for assessment purposes was complete. Motion was made by Mr. Burdett and seconded by Mr. Adams to accept the Utility Facilities for Parcel D-2, and to issue the Promissory Note, Deed, Bill of Sale, and the Owner's Affidavit to Collier County, and with all in favor, the motion was approved. 4. Staff Reports a) District Counsel Mr. Urbancic reported the expansion was complete and the amended Notice of Establishment of the District was recorded. He said the bonds had been closed and prior requisitions had been funded. He added when the additional Phase 5 becomes authorized, more funds will be available. b) District Engineer— No report c) District Manager- No report 8. Supervisor's Requests and Audience Comments i. No discussion from the Board or audience. 2IPage Flow Way Community Development District January 17, 2017 6 9. Adjournment Motion was made by Mr. Adams and seconded by Mr. Niremberg to adjourn the meeting, and with all in favor, was approved. The meeting was adjourned at 3:06 p.m. Flow Way Commu Development District James Ward, Secretary avid Truxton, Chairman 3IPage 16iI �e Batill N NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Pubii atioi State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 1437553 NOTICE OF ANNUAL MEE Pub Dates January 12,2017 (Sign ure of affiant) ,�.N`r ft IVONNE GORI Sworn to and subscribed before me I :''"eir:'�„ Notary Public-State of Florida This January 1 ,2017 + • Commission s FF 900870 � d,.e?= My Comm.Expires Jul 16.2019 4.1:4I P,;,,`o's Bonded through National Notary Assn. (Signatur of affiant) ' Naples Daily News Thursday,January 12,2017 13D Nni"„ N^II„' :f h Neu„ Oilier Public Notices Other Public Notices REVENUE BONDS,OR TO BE NOW,THEREFORE, of the District,including non- 34102,intends to register the w AFFECTED THEREBY: IT IS ORDERED residents awning property or said name with the Division !1 that all taxpayers,property andoth to taxation therein, Florida Corporations of the T f any others title or n Talla a Department of Dated The above cause owners and citizens o the any rights,title fe interest in Tallahassee, Florida.d Dated comes to be heard upon the District, including non- property to b affected by Me at Naples,Florida.January 9, °••°•� Complaint filed herein by residents owning property or Public Notice the Fronterra Community subject to taxation,and ot�iers affecteanced thereof Bonds or tone 2017. Development District in the having or claiming an affected therty,shall be and MANGROVE CAFE g y rights. are made party aefentlants t0 January 12,201] N0.1437407 NOD FY2017-2018 HUD Entitlement Application Cycle County of Collier, State of title or interest in property to this proceeding,and that this Florida,seeking to determine be affected by the issuance The Collier County Community and Human Services Department the authority of said District of the Bonds or to be affected Court shall have jurisdiction cycle.n During FY 20ening8.the Fier County a scheduled to of them to the and extent as 1,.,.� gr to Issue its Fronterra thereby, and the State of Ihl![PiSf10�d(PI�PINiP. cycle, During FY 2017-2018.Collier County Is scheduled to Community Development Florida, through the State if specifically and personally receive federal funds from the U.S.Departmenten Block and District Capital Improvement Attorney of the Twentieth named as defendants in said ©' � pj NPNSlM1S Urban Development(HUD)Community Development Block Grant Revenue Bonds,(the"Bonds") Judicial Circuit, in and for Complaint and personally p (CDBG)funds,HOME Investment Partnerships Program(HOME) 'n an aggregate amount not Collier County,Florida,appear served with process n this funds and Emergency Solutions Grant(ESG)funds. to exceed g$5.375,000, to On February 13,2017,at 2:00 cause. Nhtir t Of ti,ili• determine the legality of the DONE AND ORDERED g Y p.m before the Honorable at the Courthouse in Collier Pursuant to Florida Statute The application period will begin on Friday,January 13,2017 proceedings had and taken James R.Shenko in Room 3C at and wlII continue through 3 p.m.Wednesday,March I,2017.The n connection therewith,and the Collier County Government of County,Florida,this m day Sections 83.F0 STORAGE ptlications will be available through the CHS website at www. the legality of the provisions, Complex,3315 Tamiami Trail of November,2016. CAIN10NE5 SELF cohiergov.net under the CHS Main page link and paper copies covenants and agreements East,Naples,Florida 34112 /s/ Honorable lames R. hereby gives notice of sale of the a 7licatron ma also be obtained at our offices at 3339 therein contained, and County of Collier in said Shenko following property contained m the Tamiam➢Trail East,Suite 211,Naples.FL 34112. seeking a judgment of this Circuit,and show cause,if Circuit Judge following units: Court that (a) the District any there be,why the prayers January 12 8 19,2017 All applications must be consistent with the Collier County s has power to issue the Bonds of said Complaint for the No.1433641 Exana Senates Louis,V544 Consolidated Plan.More project details are provided in the and all series thereof and to validation of the Bonds should and Clothes) FV2017-2018 Grant Application instructions. incur the bonded debt as set not be granted and the Bonds, Knsti(Household. V813 forth in the Complaint:(b)the the proceedings therefore, I attar 5n0 lace iikeher&l ♦_al (Household.20177 Administered by the U.S.Department of Housing and Urban proceedings essential to the and other matters set forth in p Date:Jan Ra21dio 2d., Naples, Development(HUD)the federal program funds projects that onds and all series thereof said Complaint,should not be 3410 Radio Rd., Naples,FL meet one or more o{three national objectives: Naples Deity News Localfieds34104 when issued pursuant thereto, validated as prayed for in said AND the Pledgedv Revenues, Complaint. AND Benefits low-and moderate-income persons or John a older,Jr..A217 • including, it As limitation, IT IS FURTHER MANGROVE CAFE households who earn at or below 80%of the median the Special Assessments ORDERED that (Household) E prior Me date NOTICE R INTENT Andre Miou hot • income pledge l theror eof, redemptionment of the set for the hearing on said TO REGISTER FICTITIOUS (Tools,Household) Qualds ifies a a prevention oru genelimt need of slums or blight principal thereof,redemption Complaint for validation,the NAME Qualifies asacertl}ied urgent need premium,if any,and interest Clerk of this Court shall cause (roofs) Vargas,G13 hereon, and the Bond a copy of this Notice and Order NOTICE OF ACTION (Tools) The CHS Cepartment,consistent with the Collier County Sandra old el.G23 Resolution a slid and m published be published ln aft general approved Citizen Participation,Plan will hold these Public conformity with law;(c)upon (Household) Meetings and of general Notice Under Fictitious Name Date:Jan 21,2017017:00am 9s during this annual application cycle. due issuance of the Bonds in circulation in Collier County, Law Pursuant to Section 6166 Shirley St.,Naples,FL Technical Assistance will be provided for those that wish to conformance with the Bond being the County wherein attend the following meeting: , Florida Statutes 34109 Resolution and the Trust said Complaint for validation NOTICE IS HEREBY GIVEN $50 CLEAN OUT DEPOSIT g' Indentures, the Bonds will is filed,at least once each that the undersigned, 878 gill Rope Auctions,ab737 Wednesday,February 8,2017-3:30pm to 4:30pm-Golden Gate constitute valid and binding week for two(2)consecutive 5th Avenue S LLC,desiring gill Thomas Auctioneer au2146 obligations of the District and weeks,commencing with the to engage in business under CASH ONLY Community Center,Roam C.4701 Golden Gate Parkway Naples. FL will be enforceable by their first publication which shall the fictitious name Mangrove January 5&12,2017 terms as established by the not be less than twenty(20) Cafe, located at 878 South No.1420647 Bond Resolution and the Trust days prior to the date set for sty Avenue, in the County One-on-one technical assistance meetings are required in order Indenture;and(o)this Court said hearing, of Collier,in Naples, Florida to submit an application.Those interested in submitting an grant such other relief as is 1T IS FURTHER application for FY2017.2018 funding cycle should contact CHS to Just and appropriate. The ORDERED that by such =IMP Notice schedule a meeting.N applications will he accepted unless a aforesaid Complaint having publication of this Notice and one-on-one technical ass sistance meeting has occurred, been presented to this Court. Order,the State of Florida, Notice of and this Court being fully and the several taxpayers, Naples City Council Meeting any tquestions/comments/changesiand/or nodi mual B ilinb the technical advised in the premises: property owners and citizens The meeting listed below will be held in the City Council available a period nary 1 with individuals CHS will it made rough Chamber,735 Eighth Street South,Naples,Florida. available after February 17,2017 on the CHS website and through Other Public NMICe5 Oth,Pnhhc Noll, yRA)i' Community Redevelopment Agenc (C an email blast. hesday,1/1T/17-1:00 p.m. DEPARTMENT OF HOMELAND SECURITY Agenda and meeting packet is available from: Collier County the FairEqualsinAtOpportunity4 Employer.Collier et seq)County City Clerk's Office,City Hall,239-213-1015 compliesunt Hoth using O Housing Act(42 U.S.C.U.SS.C.3600,et and FEDERAL EMERGENCY MANAGEMENT AGENCY City website,htty//www.naplesgov.cam County Fair Ordinance 92.9. Proposed Flood Hazard Determinations for the City of Marco Formal action may be taken o NOTICE item discussed or added to Organizations seeking information,technical assistance with Island,Collier County,Florida, Cue Na.17-04-0130P.The this agenda. Any person who decides to appeal any decision the grant application process,by or at for anyother-2questions bye may Department of Homeland Security's Federal Emergency made by the City Council with respect to any matter considered contact iblin c Grblin v.phone (239)252.2399 or by email Management Agency(FEMA)solicits technical information at this meeting(or hearing)will need a record of the proceedings Publ'h Dite:Ja uary12v2017 or comments on proposed flood hazard determinations forand may need to ensure that a verbatim record of the proceeding Publish Date:January 12 2017 the Flood Insurance Rate Map(FIRM),and where applicable, made which record includes the testimony and evidence upon the Flood Insurance Study(FIS)report for your community. which the appeal is to be heard. Any person with a disability These flood hazard determinations may include the addition requiring auxiliary aids and services for this meeting may call or modification of Base Flood Elevations,base flood depths. e City Clerk's Office at 15 with requests at least two Special Flood Hazard Area boundaries or zone designations, business days before the meeting date. °•�"•�� AWO Peblim or the regulatory floodway. The FIRM and,if applicable.the lanuar 12,2017 No.1439353 FIS report have been revised to reflect these flood hazard Ciclo de Solicited de Asistencia del Alto Fiscal 2017-18 de HUD determinations through issuance of a Letter of Map Revision • N..,h. (LOMR),in accordance with Title 44.Part 65 of the Code of El Departamento de Servicios Comunitarios Humanos SCH) Federal Regulations, These determinations are the basis for NOTICE OF INTENT TO ADOPT RULES OFy S the floodplain management measures that your community THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT del Condado de Collierleon fiscalia 01-2018.D del ciclo de solicited is required to adopt or show evidence of having in effect to de asistencia del alto er est 018.Durance el alto fiscal qualify or remain qualified for participation in the National Flood Ceder 018.el condado de Collier esta asignado a recibir tondos Insurance Program. For more information on the proposed AFFECTED RULES:40E-10.041.40E-10.051,d0E-10.061,F.A.C. do lostes del Departamento de Vivienda y Desarrollo Urbane flood hazard determinations and information on the statutory SUMMARY: C• de EE.UU.(HUD)para el Programs Del Desarrollo de In a Inversiones 90-day period provided for appeals,please visit FEMA's website Subsection 373.223(4),Florida Statutes provides authority to the en Viviendamunidad(HOME),y el el P og a arama ede Solucione Asociacidn s en Emergeni a Informationtwww.en.yoo/plan/raven/fhm fbf e,or call th FEMA MAP District to reserve from use by permit applicants,water in such (ESG). In-oatn62 c glocations and quantities,and for such seasons of the year,as Januar 5&Januar 5 1 No.1423415 inits judgment the may be required and for the protection of fish and y de solicited m0 Gin.del 13 a antra del alto 017. wildlife or the public healtheandforsafety. E continuant erindohaste las car p,ca del 13 d Mario del alto 2017. During the rulemakingg to reserve water for the Las aplicaciones estan disponibles en el sitio web del Condado Duringa the rutee River(C-eff effort West resin Storage Reservoir de Collier que se encuentra en www.colliergov.net debajol p de la mento NOTICE OF Project(C-43 Reservoir),the District included language stating: de Serviciosn Comunitarios en la ar i ynHumaue nos.rt Copies enece nde la aplli aci6n REGULAR BOARD OF SUPERVISORS MEETING FOR THE "all presently existing legal uses of water shall be protected tambidn pueden ser obtenidas en nuestras oficinas en 3339 so long as such use is not contrary to the public interest."The Tamiami Trail East,Suite 211,Naples,FL 34112. KCY MARCO COMMUNITY DEVELOPMENT DISTRICT inclusion of this language was challenged in DOAH Case No. 141329RP. The administrative law''edge(A.L.J.)determined Todas las aplicaciones deben ser consistentes con el Plan 7hursda,January 19,2017 the language was invalid,stating that"[e]xisting legal uses are Consolidaoo del Condado de Collier.Mas detalles de los 8:Januar presumed not contrary to the public interest unless and until the proyectos se proporcionan en las instrucciones Be la solicitud District determines otherwise."The A.L.J.went on to state that del Alto 2017.18. while the District"can make a'not contrary'determination,"it Notice is hereby given that the Key Marco Community cannot do so prospectively for the duration of a permit. Administrado per el Departamento de EE.UU.de Vivienda y Development District Supervisors will meet on Thursday Desarrollo Urbano(HUD),este programa invierte en proyectos Jan 192017 at 8:30 AM at the Re Marto Commun Center Language similar to that found invalid in C'43 Reservoir federates que cumplen uno o Inas de los ties objetivos: -1,1-K lltITTIN2.7 W 7 rr XrSTirlME Mirr . a :oar• reservation case exists in the adopted water reservations for o Supervisors wi o' its regu ar meeting to conduct the Picayune Strand,Fakahatchee Estuary,North Fork of the St. rang eneficio a personas de bolas y mooerados ingresos. business of the Key Marco Community Development District,at Lucie River,and Nearshore Central Biscayne Bay,in subsections 0 a viviendas que 9 non iyual 0 menus de 80%de la the above stated time and date. 40E-10.041(1)and(2),40E-10.051,and Y 40E-10.061(2).F.A.C., renta mediana del Condado. respectively. Therefore,.rulemaking Is necessary to delete Ayuda en la prevenci6n o eliminacien de Areas Any person who decides to appeal a decision of this Board the language to be consistent with the A.L.I.'s ruling.No new insalubres o deterioradas will need a record of the proceedings pertaining thereto,and consumptive use permitting criteria,new or additional permit Califica como una necesidad certificada urgente therefore may need to ensure that a verbatim record of the analysis,or restriction of the allocation of surface water is El Departamento de SCH,en concordancia con el proceedings is made,which record includes the testimony and proposed. Plan de ParticiFacion Ciudadana del Condado evidence upon which the appeal is to be based. Collier ha aprobado mantener estas reuniones On November 10,2016,the Governing Board authorized staff to publicas durante este ciclo de aplicacidn anal. Any person requiring special accommodations at this meeting ublish a Notice of Rule Development to delete the language because of a disability or physical impairment should contact found invalid by the ALL,and to publish a Notice of Proposed Se prestara asistencia tecnica para aquellos que deseen asistir the District Office at(239)592.9115 at least five calendar days Rule,provided that no requests for workshops are received, a una o ambas Be las sipp ientes reuniones: prior to the meeting. The Notice of Rule Development was published in the Florida 8 de Febrero del 2016-Horario,3:30 p.m.a 4:300 p.m.- Administrative Register on November 23,2016. The District Localidad,Golden Gate Community Center,Room C,4701 Golden KEY MARCO COMMUNITY DEVELOPMENT DISTRICT staff intend to publish the Notice of Proposed Rule on or before Gate Parkway,Naples COLLIER COUNTY,FLORIDA January 12,2017,and thereafter seek authorization from the Las reuniones individuates pars asistencia tecnica son W.NEIL DORRILL.MANAGER/SECRETARY Governing Board in February 2017 to adopt the proposed rules. necesarias con el fin de presentar una solicitud.Las personas iJanuar 12Januar 12.2017 No.1422546 The public hearing to adopt the proposed rules will be held nteresa io en presentar una solicitud pars el tide de Burin the followin Governing Board meetin finances oplito FY2017-2018 tleben goners¢en contac a con Notice g g 9 SCH.Las aplicaciones de saran asistencia tecnica a ndivid al. se hays A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN alas cumpllasdo peegun auna s/n come0riocambis re individual. NOTICE OF ANNUAL MEETINGS BELOW: el trios dons,.Cando menica y/con indi id as seres durante FLOW WAY COMMUNITY DEVELOPMENT DISTRICT DATE AND TIME:February 9,2017,beginning 9:00 a.m. el�¢r(odo de asistencia despue el 1 ide Fe rer saran puesto l PLACE:Seminole Tribe of Florida,Hollywood Seminole Indian atio we ici6n delp atra deep as de nsaje electrnico. 17 en el The Fiscal Year 2017 Regular Meetings of the0oard ofSupervis Reservation Headquarters, 6300 Stirling Road,Hollywood,FL sitio web de SCH yatravas de un Mensal¢electr6nico. of the Flow way Community Development District are schedu 33024.Parking for the meeting will be located at Seminole Tribe El Condado de Collier es un Empleador de Igualdad de for the third Tuesday of each month at 3:00 gm,at the office. of Florida,5701 Stirling Road,Hollywood,FL.A shuttle will take Oportunid des.El Condado de Collier cumple con la Ley de Coleman,Yoeanov[ch&Koester,RA.,4001 Tamiami Trail N you to and from the meeting location.The directions,map and Vivienda Justa(42 USC 3600.et seq)y con la Ordenanza del Suite 300 Naples,Florida 34103.on the following dates: parking information will be available on the District's website Condado sabre Vivienda Justa(92.9.) at hops://www.sfwmd.gov/calendar/day/201702 on January 13, 2017. Las organizaciones que buscan informacion,asistencia tecnica November 15,2016 con el proceso de solicitud de aplicaciones o pare cualquier otra December 20,2016 January 17,2017 Pursuantto the provisions of the Americans with Disabilities Act, pregunta pueden comunicarse con Cormac Grblin(239)252.2399 February 21,2017 March 21,2017 any person requiring special accommodations to participate in o cormacy blinllc011iergov.net. April 18,2017 May 16,2017 this hearing is asked to advise the agency at least 5 days before January 12,2017 No,1428348 June 20,2017 July18,2017 the hearing by contacting:South Florida Water Management August 15,2017 September 19,2017 District Clerk's office,telephone:(800)432-2045,ext.6805,or (Sa con6tact the 05 If you using then Florida R or elay Service, e impaired,1(800lease )955- The meetings are open to the public and will be conducted in 8771(TDD)or 1(800)955-8770(Voice). accordance with the provisions of Florida Law for Community Development Districts.A copy of the agenda for each meeting A copy of the Notice of Proposed Rule may be obtained on the _A/ may be obtained from Me office of the District Manager,1PWard District's website at https://www.sfwmd.gov/doing-business- &&Associates LLC,2041 Northeast 6th Terrace,Wilton Manors. with-us/rules,or by contacting Jan Sluth,Sr.Paralegal,South Florida 33305(Phone 954 658 4900)at least Seven(7)days In lorida Water Management District,3301 Gun Club Road,West advance of the meeting.In addition,the Agenda's will be posted Palm Beach,FL 33406,(800)432.2045,ext.6299 or(561)682- on the District's web site at www.flowwaycdd,org. 6299,email:jsluth&I!sfwmdgov.A copy may also be found on the Florida Administrative Register copies of further notices for this or Sea location s0emfied on the retard at the meeting. other rule chapters or types of notices of interest �; Imo In accordance with the provisions of the Americans with The persons to be contacted regarding the proposed rule are V-l•4_ Disabilities Act,any person requiring special accommodations Jennifer Brown,Sr.Attorney,South Florida Water Management �eQ or an interpreter to participate at these meetings should contact District,3301 Gun Club Road,West Palm Beach,FL 33406, the District at(954)658-4900,at least five(5)days prior to the telephone:(561)682-2258.email:Water n Management,or Jan •Manage your subscription date of the meetings.If you are hearing or speech impaired, Sluth Sr.Paralegal,South Florida Water Management District .Find a newsstand to buy a paper please contact the Florida Relay Service at 1-800.955-8770,for 3301 Gun Club Road,West Palm Beach,FL 33406,telephone: assistance to contacting the District Office. (561)682.6299,email:isluth@sfwmd.gov. •Piece an obituary,classified ad or press release If any person decides to appeal any decision made with respect Appeals of any South Florida Water Management District Board •Submit news to any matter considered at these board meetings,such person decision require a record of the proceedings.Affected persons •Submit n letter to the editor ill need a record of the proceedings and such person may need are advised that it may be necessary for them to ensure that •Report a problem to ensure that a verbatim record of the proceedings is made at a verbatim record of the proceeding is made,.including the their own expense and which record includes the testimony and testimony and evidence upon which the appeal n to be based. www-naplesnews•com/eustomerservice evidence on which the appeal is based. Persons with disabilities or handicaps who need 'stance Flow WayCommunity Development y contact the District Clerk at(800)432-2045,ext.56805 or ,7� i[r opment Distdet (561)prints 05 at least five business days in advance to make Naples Asti j News lames P.Wale,District Manager appropriate arrangements. �.".."."..,°..,.. • January 12.2017 No 1437553 January 12,2017 N0.1432362 I 16I1 MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Flow Way Community Development District for Tuesday, March 21, 2017, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: David Truxton Chairman Skip Adams Assistant Secretary Chris Nirenberg Assistant Secretary Absent were: Anthony Burdett Vice Chairman Steve Reiter Assistant Secretary Also Present were: James Ward District Manager Greg Urbancic District Counsel David Willems District Engineer 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:00 p.m., and roll call determined that all members of the Board were present with the exception of Supervisor Reiter and Vice Chairman Burdett. 2. Consideration of Minutes i. Regular Meeting —January 17, 2017 Mr. Ward asked if there were any additions, corrections or deletions. A Board member said Mr. Nirenberg's name was spelled incorrectly. Mr. Ward said this would be corrected. Page k I Flow Way Community Development District March 21,2011 6 I 1 Motion was made by Mr. Adams and seconded by Mr. Truxton to approve the minutes of the January 17, 2017 meeting with corrections described above, and with all in favor, the motion was approved. 3. CONSIDERATION OF RESOLUTION 2017-8 OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHICH COST IS TO BE DEFRAYED IN WHOLE OR IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYED IN WHOLE OR IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. Ward stated that Items 3 and 4 on the agenda were essentially the same process that had been used over the last four or five years related to levying special assessments on property that was within the District. He said that this particular assessment was for what was commonly referred to as the Dillillo Annexation, which was the property that the Board annexed into the boundaries of the District, which became affective the middle of December of last year. He said $900,000 had been set aside when they had done the last bond issue to be used for the Dillillo Annexation once it was completed and once the District went through the process and assessed the lands within this annexed property. He stated there were two resolutions before the Board, 2017-8 and 2017-9. The first resolution indicated that the Board was going to impose special assessments on the property. This would defray the cost of those improvements through the issuance of bonds. He said the resolution provided for the preparation of an assessment role, which was attached to the resolutions, and provided for a notice of public hearing. Mr. Ward said the notice of public hearing was Resolution 2017-9 and indicated the public hearing was scheduled for April 25, 2017, at 3:00 p.m. at the offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. The engineers' report and the methodology used for the Dillillo 2 ' 16I1 Flow Way Community Development District March 21,2017 Annexation was exactly the same as that used for the issuance of the Series 2016 Bonds. He said it simply segregated out the Dillillo Annexation lands which were 47, 52-foot lots with this assessment process. Mr. Ward called for questions from the Board, and one member verified that the property was platted and they had the correct assessment roll. Mr. Ward responded that he had requested the assessment roll from the County and had it reviewed and all was well. Motion was made by Mr. Truxton and seconded by Mr. Niremberg to approve Resolution 2017-8 in its form attached to the agenda, and with all in favor, the motion was approved. 4. Consideration of Resolution 2017-9 CONSIDERATION OF RESOLUTION 2017-9 OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD ON APRIL 25, 2017, 2017 AT 3:00 P.M. AT THE OFFICES OF COLEMAN, YOVANOVICH & KOESTER, P.A., 4001 TAMIAMI TRAIL NORTH, SUITE 300, NAPLES, FLORIDA 34103, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON IMPOSING SPECIAL ASSESSMENTS ON CERTAIN PROPERTY WITHIN THE DISTRICT GENERALLY DESCRIBED AS THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Mr. Truxton and seconded by Mr. Adams to approve Resolution 2017-9 in its form attached to the agenda, and with all in favor, the motion was approved. 5. CONSIDERATION OF RESOLUTION 2017-10 OF THE BOARD OF SUPERVISORS OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT AMENDING RESOLUTION 2016-10 WHICH DESIGNATED THE DATES, TIME AND LOCATION FOR REGULAR MEETINGS OF THE BOARD OF SUPERVISORS OF THE DISTRICT FOR FISCAL YEAR 2017 TO PROVIDE FOR A LOCATION CHANGE BEGINNING WITH THE MAY 16, 2017 MEETING; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Mr. Ward stated that Resolution 2017-10 was a resolution that amended the Resolution 2016-10 which was adopted last year setting Board meeting dates, times and locations. He said at the January Board meeting, the Board had discussed moving the meetings to the Esplanade Golf and Country Club. He explained that this resolution changed the location but not the time or the date for each month. He said this change would occur beginning with the May 17, 2017 31Page 16I1 Flow Way Community Development District March 21,2017 meeting. He said the change required re-notification in the newspaper and to the County. A Board member asked for the reason for this change, and Mr. Ward stated that it was Board initiated. A discussion ensued, and it was decided to postpone this move until 2018. 6. Consideration of Utility and Water Management Facilities for Dillillo Annexation Parcel Mr. Ward stated that Mr. Urbancic would explain the many items on the list in the agenda. He stated that one motion to approve all of the items would be in order following Mr. Urbancic's presentation. Mr. Urbancic stated that there were three requisitions that would ultimately be paid with the Dillillo funds, which would be released once the assessment process was complete. The three were Requisitions 6,7,8. Requisition 6 had to do with the utility facilities for the Dillillo parcel. Mr. Urbancic said that in their packets they had the customary transfer documents. He explained what the documents were and the steps that he would take to execute them. Mr, Urbancic stated that Requisitions 7 and 8 were for the same items, storm water improvement and surface water management improvements. He said accounting asked that the requisitions be split into two. He explained there was a promissory note for Requisition 7 for $237,874.52 and Requisition 8 for $239,348.40. He stated that these requisitions and the ones approved at the last meeting would deplete the Dillillo sum. Mr. Urbancic added that also included in the packet was a bill of sale and an owner's affidavit, which said there were no liens on the improvements being transferred to the CDD. He said they would need to convey certain easements. Mr. Ward called for questions, and a Board member wanted clarification on right- of-way tracts, which Mr. Urbancic addressed. Motion was made by Mr. Truxton and seconded by Mr. Niremberg to approve Requisitions 6, 7, 8 as described above, and with all in favor, the motion was I approved. 4. Staff Reports a) District Counsel 4IPage 6 I 1 Flow Way Community Development District March 21,2017 Mr. Urbancic did not have a report, but Mr. Ward asked him to do completion certificates for the 2015 Phase 3 and 2015 Phase 4 Bonds. He also asked him to check to see if they had done certificates for 2013. Mr. Urbancic said he would have them for next meeting with accompanying resolutions. b) District Engineer— No report c) District Manager - No report 8. Supervisor's Requests and Audience Comments Mr. Ward asked for requests from the Board. A Board member asked if there was anything else on the agenda for the hearing in April. Mr. Ward said the two resolutions he just talked about would be on it. Also, it was said they would have some amendments as well. ii. Mr. Ward stated that there were no audience members present. 9. Adjournment Motion was made by Mr. Adams and seconded by Mr. Niremberg to adjourn the meeting, and with all in favor, was approved. The meeting was adjourned at 3:18 p.m. Flow Way Commun' Development District //*/Q4J James P. Ward, Secretary David Truxton, Chairman 5IPagc � 6I1 '4 MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Flow Way Community Development District for Tuesday, April 25, 2017, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: Dave Truxton Chairman Anthony Burdett Vice Chairman Chris Nirenberg Assistant Secretary Skip Adams Assistant Secretary Absent were: Steve Reiter Assistant Secretary Also Present were: James Ward (via telephone) District Manager Greg Urbancic District Counsel David Willems District Engineer Audience: Drew Miller Taylor Morrison 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:20 PM, and roll call determined that all members of the Board were present with the exception of Supervisor Reiter. 2. Consideration of Minutes Mr. Ward called for the approval of the minutes of the March 21, 2017 meeting. He asked if there were any additions, corrections or deletions. Hearing none, he called for approval. 1 ` Flow Way Community Development District April 25,2017 1 V I Motion was made by Mr. Truxton and seconded by Mr. Adams to accept the Minutes of the March 21, 2017 meeting, and with all in favor, the motion was approved. 3. Public Hearing Imposing Special Assessments on Certain Annexed Lands within the District, More Commonly Known as the Dilillo Annexation a) Public Comment and Testimony Mr. Ward stated this item was the main purpose of their meeting today. He said the process began about a month ago, and today the Board would be levying assessments pursuant to Chapters 170, 190, and 197 of the Florida statutes to levy those assessments. He said in 2016 bonds were issued and a sub-account was set up for funds to construct the infrastructure required for the lands that were being annexed within the boundaries of the District. Mr. Ward explained that normally first there would be a staff presentation of the engineering aspects and the methodology. However, the Board had seen this presentation when the last set of bonds were issued, and the information was consistent with all the bonds issued. He said he was not going to do the presentation again unless the audience requested it be done. Mr. Ward called for a motion to open the public hearing Motion was made by Mr. Truxton and seconded by Mr. Adams to open the public I hearing, and with all in favor, the motion was approved. Mr. Ward stated that he had not received any written comment or testimony with respect to the public hearing today. He asked the District Attorney to confirm that there were no members of the public present for the public hearing. Mr. Urbancic confirmed this. Motion was made by Mr. Truxton and seconded by Mr. Adams to close the public hearing, and with all in favor, the motion was approved. b) Board Comment and Consideration Mr. Ward called for any comments from the Board with respect to the special assessments for the Dilillo annexation piece, and there was no discussion. c) Consideration of Resolution 2017-10 Mr. Warded stated this resolution authorized the projects and the construction and acquisition of the infrastructure improvements. He said it equalized, 2 161 1 Flow Way Community Development District April 25,2017 approved, confirmed and levied special assessments on the property and authorized the District to pay for the costs of those projects. He added it provided for the method of assessment pursuant to Chapters 170, 190, and 197 Florida Statutes and confirmed the District's issuance of the special assessment bonds, provided for True-Up payments in the event that there were land use changes that occurred within the Dilillo annexation property. He said it also provided for the transfer of any property to other governmental bodies, specifically utilities. Mr. Ward stated that the resolutions that were in front of the Board were consistent with what had been used in the past for all of the other series of bonds that had been issued for the District. He called for questions, hearing none, a motion was made. Motion was made by Mr. Truxton and seconded by Mr. Adams to approve Resolution 2017-10 as described above, and with all in favor, the motion was approved. 4. Consideration of Amendment to Agreement Regarding the Acquisition of Certain Work Product Infrastructure and Real Property Related to the Series 2016 Phase 5 Bond Issue Mr. Ward introduced this item and stated that there were a number of agreements that had been entered into with the developer that provided for the acquisition and completion of certain facilities. He said the purpose of Agenda Items 4, 5, 6, and 7 were to amend all of those agreements to include the Dilillo annexation piece, which would provide in essence for the acquisition of the work product. It would amend the collateral assignment and assumption of development and contract rights relative to that phase of construction and amend the agreement with Taylor-Morrison regarding the completion of the infrastructure for the 2016 Phase 5 Bonds to include the Dilillo annexation. He said it also amended the True-Up agreement in the event that there were changes to the land use plan. He explained the agreements were exactly the same as what the Board had seen before, and they only added the Dilillo annexation land. Mr. Ward said they would handle the items with separate motions. First, there was a motion to amend the agreement regarding the acquisition of certain work product infrastructure and real property related to the Series 16 — Phase 5 Bonds. Motion was made by Mr. Truxton and seconded by Mr. Adams to amend the agreement regarding the acquisition of certain work product infrastructure and real property related to the Series 16 — Phase 5 Bonds, and with all in favor, the motion was approved. 3 I P 1611 Flow Way Community Development District April 25,2017 5. Consideration of Collateral Assignment and Assumption of Development and Contract Rights Relating to the Phase 5 Project Motion was made by Mr. Truxton and seconded by Mr. Adams to amend the agreement regarding the Collateral Assignment and Assumption of development and Contract Rights relating to the Series 16 — Phase 5 Bonds, and with all in favor, the motion was approved. 6. Consideration of Amendment to Agreement with Taylor-Morrison Esplanade Regarding the Completion of Certain Improvement Related to the Series 2016— Phase 5 Bond Issue Motion was made by Mr. Truxton and seconded by Mr. Adams to amend t ;agreement regarding the completion of certain improvement related to the Series 16 —Phase 5 Bonds, and with all in favor, the motion was approved. 7. Consideration of Amendment to True-Up Agreement with Taylor Morrison Esplanade Related to the Series 2016 - Phase 5 Bond Issue Motion was made by Mr. Truxton and seconded by Mr. Adams to amend the agreement regarding the True-Up agreement with Taylor Morrison Esplanade related to the Series 16 — Phase 5 Bonds, and with all in favor, the motion was approved. 8. Consideration of Certificated Related to the Series 2016 — Phase 5 Retainage Subaccount Mr. Ward explained that the final document was a certificate. He said it was a requirement of the 2016 Phase 5 closing that they created a subaccount. He said the subaccount held the funds that were contemplated to be utilized for the acquisition of the infrastructure for the Dilillo annexation piece. This certificate authorized the Trustee to move the monies out of the Retainage subaccount and into the District's main 2016 Acquisition and Construction account, and from that account funds could be requisitioned in the amount of $983,247.05 to pay for the infrastructure related to the Dilillo annexation or any facilities related to the 2016 Phase 5 Bonds. Motion was made by Mr. Truxton and seconded by Mr. Adams to approve the Certificate of the Retainage Account as dictated by the District Manager, and with all in favor, the motion was approved. Mr. Ward added that at previous meetings the Board had approved three or four separate acquisitions and issued notes to Taylor Morrison related to primarily the Dilillo annexation lands. He said now that they had finished the process, they would submit 4iPage 1 6 I 1 4 Flow Way Community Development District April 25,2017 the requisitions to the Trustees for payment to Taylor Morrison, and the promissory notes would be disposed from the District books and records. 9. Staff Reports a) District Attorney— Mr. Urbancic noted that there would be an amended restated record, which was an administrative function, so that anybody buying would be aware of these bonds and assessments. b) District Engineer— No report d) District Manager- No report 10. Supervisor's Requests and Audience Comments There was no discussion from the Board and no audience members present. 11. Adjournment Motion was made by Mr. Truxton and seconded by Mr. Adams to adjourn the meeting, and with all in favor, was approved. The meeting was adjourned at 3:35 p.m. Flow Way Community Development District "lel.4/ 2/ James/P. Ward, Secretary avid Truxton, Chairman 51Page t61 1 , :eapi\aplcø EittilgrWE NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 1550012 LEGAL RESOLUTION 201 Pub Dates April 11,2017 (Sign ure of affiant) 2ie---" Sworn to and subscribed before me I 4M,,iN •, IVONNE G0R1 This April 12, 17 I' çI : Commission #r FF 900010 = My Comm.Expires Jul 16.2019 -.154i ‘ 'a•Rim 1.; Bonded through National Notary Assn. (Signatur of affiant) ' jell . R a n - s a• i .11 1' 1 , I!' I i E 1 !!! r @ B 1 8+ ° 1= 11 la N pi p!t Chili 1 �{ �1: 4 R iR Po �a r EE111@e i" iN 153 ! 1p y 1 p 11 'p E-g 1 1 It°Iaa a. 1 a,I 9° e r p !�� 1 s ! t I, +p pEla E e! ! � I E ( •� ill °°9 a giig[ II! _ O�E i E E r3k" @ ii P n 's�! P i ie I O li 1' ++ y F 811 E M _ .:.�—� 1r Ilefie !•E! 1 9 sdl�, !si F 99°1 i $ '!'1 R �4Rg1@s54t4 g°rzFJfrPi� 5 § • ij1 g•!'ll '1'1€°I 1�� E �IIZE�lF�l°°EF Freles�•.i ! 'EFp�, ( lR a !1 s °i 1 I IE, il• , I 1 1 }Y1o. al p1! EI IC ° != Il u,i11 11a°p a1F1 9 R'J� c 1 � i E �`1 I ripI, Ea !I ,d!If°3E, p�„0„ .1; 1, a4!s°n E�%i d1@�r 1 s119 2."i! 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WT$`Ea 11Y 1s1 IN 1• -1lss1 IEe n1 l— n` 1 . s`L°g ng gy fi g II; ➢ s`2 n n` s:g i� a p €pr,93° 1 1?pet1 ! 141E a! r Il. yi oa_. € R = €eo 13 / Ift €& 11 ? ! o ? sEa1 i as Ili i #1 !aE $ e J k a�� PI 1��1IBk�sl:,E3tlsiga°lppl+$PSip,€1EEiFai51a5.1 3 1611 MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Flow Way Community Development District for Wednesday, June 14, 2017, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: David Truxton Chairman Skip Adams Assistant Secretary Chris Nirenberg Assistant Secretary Absent were: Anthony Burdett Vice Chairman Steve Reiter Assistant Secretary Also Present were: James Ward District Manager (Telephonic) Greg Urbancic District Counsel David Willems District Engineer 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:12 p.m., and roll call determined that all members of the Board were present with the exception of Mr. Burdett and Mr. Reiter. 2. Approval of the Minutes of the April 25, 2017 Meeting Mr. Ward stated there was a correction to the minutes in the placement of Mr. Willems name as staff, and the spelling of his name was corrected. 1Motion was made by Mr. Truxton and seconded by Mr. Adams to approve the minutes of the meeting of April 25, 2017, and with all in favor, the motion was approved. 1 Page 16 I 1 Flow Way Community Development District June 14, 2017 3. Consideration of Resolution 2017-11 Mr. Ward explained that Resolution 2017-11 was the primary purpose of the meeting, which was to approve the proposed Budget for Fiscal Year 2017 and set a Public Hearing for Tuesday, August 15, 2017, at 3:00 p.m. at the offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Mr. Ward stated the budget was the same as prior years, and the rate had actually gone down from $310 a unit to $255 a unit, which was based on the fact that there were more units. He added the Debt Service Funds were all the same as was seen in prior years with the exception of the 2016 Phase 5 Bonds. He called for discussion. Hearing none, a motion was made to accept the Resolution. Motion was made by Mr. Truxton and seconded by Mr. Adams to approve Resolution 2017-11 and set the Public Hearing as described above, and with all in favor, the motion was approved. 4. Staff Reports a) District Attorney— No report b) District Engineer— No report c) District Manager Mr. Ward confirmed there were 268 registered voters in the District as of April 15, 2017. He explained the number of voters would be significant after six years and 259 voters, both of which they have achieved. He said at the next General Election in 2018, Mr. Burdett's, Mr. Reiter's and Mr. Adams' seats would be up for election, and two would be elected by qualified electors and the third seat would be a landowner election. He stated the other two seats would be up for election in 2020 and would be elected by qualified electors as well. 5. Supervisor's Requests and Audience Comments There were no supervisor's requests or audience comments. 6. Adjournment 2IPage I, 611 Flow Way Community Development District June 14, 2017 Motion was made by Mr. Truxton and seconded by Mr. Nirenberg to adjourn the meeting, and with all in favor, was approved. The meeting was adjourned at 3:16 p.m. James P. Ward, Secretary avid Truxton, Chairperson 3IPaue 16 I ?'apLci Battu . wE1 NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Pupal cation State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Flor^da,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 1625632 NOTICE OF REGULAR ME Pub Dates June 6,2017 • /uttLLL( ®-&GZ�I (Sign ture of affiant) ;:..,......."•. KAROLEKANGAS I a.: Notary Pubk-State of Florida t Sworn to and subscribed before me •��(rw,` • commission GG12aa1 ;oi� AT: My Comm,EMplrea Jul 29,2021 This November 13,2017 I ?a:"`,. ttadMtlao plidavlNtegAtm. Alan (Signature of affiant) 4P > Ad Proof 16 , \ap1rJaiL rws Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori(naplesnews.com Date:05/24/17 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:530108(N059678) Please confirm placement prior to deadline by contacting your account Company Name:FLOW WAY COMMUNITY DEV.DISTR. rep at(239)262-3161 . Ad Id: 1625632 P.O.No.: Total Cost:$397.28 Contact Name: Email:jimwazd@jpwazdassociates.com Tag Line:NOTICE OF REGULAR MEETING FLOW WAY C Address:2041 NE 6TH TERR,WILTON MANORS,FL.33305 Start Date:06/06/17 Stop Date:06/06/17 Phone:(954)658-4900 Fax:(000)000-0000 Number of Times: 1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com [agree this ad is accurate and as ordered. NOTICE OF REGULAR MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of the Flow Way Community Development District will hold a Regular Meeting on Wednesday, June 14,2017 at 3:00 P.M.,at the offices off Coleman,Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 The meeting is open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. A copy of the agenda for the meeting may be obtained from the office of the District Manager,JPWard &Associates LLC, by calling 954 658 4900 or email 1imWard@ JPWardAssociates.com at least five(5)days in advance of the meeting. In addition,the agenda will be posted on the District's web site at www.flowwaycdd.org. The meeting may be cancelled or continued to a date,time and location specified on the record at the meeting. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at these meetings should contact the District at(954)658-4900,at least five(5)days prior to the date of the meetings. If you are hearing or speecn impaired, please contact the Florida Relay Service at 1-800-955-8770,for assistance in contacting the District Office. If any person decides to appeal any decision made with respect to any matter considered at these board meetings,such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is made at their own expense and which record includes the testimony and evidence on which the appeal is based. Flow Way Community Development District James P.Ward,District Manager June 6,2017 No.1625632 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 16I 1 MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Flow Way Community Development District for Tuesday, September 5, 2017, at 3:30 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: David Truxton Chairman Anthony Burdett Vice Chairman Chris Nirenberg Assistant Secretary Adam Painter Assistant Secretary Absent were: Steve Reiter Assistant Secretary Also Present were: James Ward District Manager Greg Urbancic District Counsel 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:30 p.m., and roll call determined that all members of the Board were present with the exception of Supervisor Reiter. 2. Consideration of Board Member Resignation and Replacement a) Mr. Ward stated the Board was considering the resignation and replacement of Mr. Adams who resigned from Seat 4 affective July 15, 2017. He asked the Board to accept the resignation. Motion was made by Mr. Burdett and seconded by Mr. Nirenberg to accept the resignation of Mr. Adams, and with all in favor, the motion was approved. b) Mr. Ward stated the statute permitted the Board to fill the unexpired term of office, which was set to expire in November, 2018, by simple majority vote of the Board, and so it would be appropriate for the Board to discuss and appoint a new member. 1 ' 6I1 Flow Way Community Development District September 5, 2017 Motion was made by Mr. Truxton and seconded by Mr. Nirenberg to nominate Adam Painter to serve on the Board in the unexpired term, and with all in favor, N the motion was approved. c) Mr. Ward administered the Oath of Office to Mr. Painter. He provided Mr. Painter with copies of a Statement of Financial Interests and the Guide to the Sunshine Amendment and Code of Ethics for Public Employees. He explained to Mr. Painter that he needed to file the Statement of Financial Interests with the County where he resided within 30 days. 3. Approval of the Minutes of the June 14, 2017 Meeting Mr. Ward asked for any corrections, additions or deletions to the minutes. Hearing none, he called for a motion to approve. Motion was made by Mr. Truxton and seconded by Mr. Nirenberg to approve thel minutes of the meeting of June 14, 2017, and with all in favor, the motion was approved. 4. Consideration of Resolution 2017-12 Mr. Ward explained that this resolution amended the Public Hearing date for the approval of the Budget to today's date. He said the date had been moved because there was not a quorum in June, and this resolution codified that action. Motion was made by Mr. Burdett and seconded by Mr. Painter to approve (Resolution 2017-12 and set the Public Hearing as described above, and with all in favor, the motion was approved. 5. Public Hearings a) Fiscal Year 2018 Budget Mr. Ward asked for a motion to open the Public Hearing. Motion was made by Mr. Burdett and seconded by Mr. Painter to open the Public 1 Hearing, and with all in favor, the motion was approved. j Mr. Ward stated that there were no members of the public present in person and he had not received any written comment or testimony with respect to the 2IPage 16I1 Flow Way Community Development District September 5,2017 adoption of the proposed Fiscal Year 2018 Budget. He asked for a motion to close the Public Hearing. Motion was made by Mr. Truxton and seconded by Mr. Nirenberg to close the Public Hearing, and with all in favor, the motion was approved. jj Mr. Ward said the budget had not changed, and asked if the Board had any questions. A question was asked concerning a change to the amount of the 0 & M assessment per unit. Mr. Ward responded it had gone down because units had been added. He said it was $310.93 a unit last year, and it was $255.33 this year. Mr. Ward called for a motion to adopt Resolution 2017-13. Motion was made by Mr. Truxton and seconded by Mr. Nirenberg to adopt Resolution 2017-13 the Annual Appropriation and Budget for Fiscal Year 2018, and with all in favor, the motion was approved. b) Fiscal Year 2018 Imposing Special Assessments; Adopting an Assessment Roll, Approving the General Fund Special Assessment Methodology and Consideration of Adopting a Cap Rate for the Land (commonly referred to as "Dilillo")Annexed into the District in November, 2016. Mr. Ward asked for a motion to open the Public Hearing. .-_ _____ _ _ Motion was made by Mr. Burdett and seconded by Mr. Painter to open the Public Hearing, and with all in favor, the motion was approved. Mr. Ward stated that there were no members of the public present in person and he had not received any written comment or testimony with respect to the adoption of the special assessments. He asked for a motion to close the Public Hearing. Motion was made by Mr. Burdett and seconded by Mr. Painter to close the Public Hearing, and with all in favor, the motion was approved. Mr. Ward asked for any Board comment with respect to the special assessments. Hearing none, he asked for a motion to adopt Resolution 2017-14, which imposed the special assessments for the General Fund, certified an assessment roll, and approved the General Fund special assessment methodology. A question was asked about the tax rolls being current, and Mr. Ward responded that they were. 3IPage 1611 ' Flow Way Community Development District September 5, 2017 Motion was made by Mr. Nirenberg and seconded by Mr. Truxton to adopt 1 Resolution 2017-14 as described above, and with all in favor, the motion was `t approved. Mr. Ward stated the final action was to adopt Resolution 2017-15, which established the cap rate for the Dilillo annexation piece. This cap rate was the same cap rate in place for the balance of the community, which was $341.85 per unit. Mr. Ward called for a motion to adopt the resolution. Motion was made by Mr. Truxton and seconded by Mr. Nirenberg adopt Resolution 2017-15 as described above, and with all in favor, the motion was approved. 6. Consideration of Resolution 2017-16 designating the dates, time and location for meetings of the Board of Supervisors Mr. Ward said this resolution designated the times for the Board meetings for Fiscal Year 2018. He said the meetings were set for the third Tuesday of the month at 3:00 p.m. The location at the offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103 would remain the same. Motion was made by Mr. Truxton and seconded by Mr. Nirenberg to ad t Resolution 2017-16 as described above, and with all in favor, the motion was approved. _1, 7. Consideration of Resolution 2017-17 Re-designating the Officers of the District Mr. Ward said he added Mr. Painter as an Assistant Secretary and the Board could reorganize the officers if they wished. The Board decided to not reorganize the officers and to add Mr. Painter as an Assistant Secretary. Motion was made by Mr. Truxton and seconded by Mr. Nirenberg to adopt 1 Resolution 2017-17 as described above, and with all in favor, the motion was approved. 8. Consideration of Utility Facilities for Parcel H3 (Phase 6 Improvements) Mr. Urbancic stated this was similar to what had been done in the past. He said they have had utility conveyances, which were a two step process. One to the District, and then from the District on to the County. He said the Board had three items in front of them. One was a promissory note for the cost of the facilities, $154,205.15. He said 4IPage 16I1 Flow Way Community Development District September 5, 2017 they would not be funding anything to the developer at that time because there were no construction funds, but they did not want to hold up the process. Mr. Urbancic explained the second step was the conveyance documents from Taylor-Morrison to the District: a utility easement, a utility facilities warranty deed bill of sale, and an owner's affidavit. He said the second step would be from the District to Collier County, which would include a utility facilities warranty deed, an owner's affidavit, and an attorney's affidavit. He said he needed the Board to accept the utility conveyance for H3 from Taylor- Morrison, authorize the Chairman to execute the promissory note in favor of Taylor- Morrison Esplanade Naples in the amount of $154,205.15, and then authorize the Chairman and staff to execute the transfer documents as necessary to convey the utility facilities from the District to Collier County. Mr. Ward called for a motion to that effect. Motion was made by Mr. Burdett and seconded by Mr. Nirenberg to approve the execution of the items necessary to complete the Utility Facilities for Parcel H3, and with all in favor, the motion was approved. 9. Staff Reports a) District Attorney— No report b) District Engineer— No report c) District Manager— No report 10. Supervisor's Requests and Audience Comments Mr. Truxton, stated as the engineer was not present, he asked Mr. Ward to convey the following request to him for consideration. It was pointed out that as part of the system there was a large wetland that surrounded the property, approximately 900+ acres. It was expressed that it should be considered to send out proposals to environmental firms for an ongoing maintenance program for these wetlands, not necessarily for this year's budget. A maintenance program that the District could entertain as opposed to having the Homeowner's Association maintain the wetlands. The question was asked if that property would be transferred to the District. The answer was possibly. He said the exotics had been removed, and a proposal would entail doing ongoing maintenance. 5 1611 Flow Way Community Development District September 5, 2017 11. Adjournment Motion was made by Mr. Painter and seconded by Mr. Burdett to adjourn the meeting, and with all in favor, was approved. The meeting was adjourned at 3:44 p.m. -A James P. ard, District Manager D d1 id Truxton, Chairperson 6 Page 1 6 i t OATH OR AFFIRMATION OF OFFICE I, ti.tiye. em-s 4d- , a citizen of the State of Florida and of the United States of America, and being an officer of the Flow Way Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Flow Way Community Development District, Collier County, Florida. Sig -/:/jL'— C nature Printed Name: tea,,,,‘ - j. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this ;/ day of -7,7a sfes.o c_. , 2017, by ,444 lo/ ✓7z K. , whose signature appears hereinabove, who is personally known to me or who produced as identification. NOTARY PU LIC STATE OF FLORIDA JAMES P.WARD Print Nam ;:Commission 8 FF 966306 ,x;o: txpves March 1,2020 '�' Iona Thn4 Troy Fain Insurance 10045 7019 My Comm1,,...:.r:..F44, .inn *ViCpire"�: 16I1 ?'apLr !i JaiL rwii NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 1709521 PUBLIC NOTICE Pub Dates August 21,2017 August 28,2017 ./( • t (Yee/a (Sign ture of affiant) •,�::. ._ KAROL E KANGAS I of Florida Sworn to and subscribed before me `• t•. Cam ssIon G�G1226O41 This October 26, 2017 '' �' My Cnmm.Et�lrcslid29,2o21 I 1 ":.: ea p w aiamro. aowMa.rba I ArilITOPwswwwwwqmorak qomerto(Signature of affiant) 8A Monday,August 28,2017 Naples Daily News In the Know R" 1 6 daring Continued from Page 3A �'f.. -` shows how . Starbucks _ and Tide Dry Greyhound encourages customers to use its website, _ -' Cleaners will a greyhound.com,or an 800 telephone number for fare - �� _ tor share and schedule information.Online tickets are available building de by calling Gracie,"your virtual travel consultant,"at -- - �� r I co under motion 800-231-2222. ' For instance,Gracie virtually can tell you that buses ZS "_ ——_— - 1 - L. __ on Old Trail a. depart Naples for Tampa at 10:45 m.and 2 p.m today. -„ ; - . Drive,just The approximate five-hour one-way trip costs$47.50 for t 1� -- — west of U.S. the morning trip and$45 for the afternoon trip. E..�. ;11 „'I 41 and next A full-service Greyhound bus station still operates in - -. • .�y a to Park Fort Myers at the Rosa Parks Transportation Center, -- 1{� .- shore Plaza 2250 Widman Way,which doubles as a LeeTran transfer %eat in Naples. station.For information call 239-334-101L �� a - f"- MIA J• ARCHITECTURE Park Shore project _ -.�� Ili PLANNING Q:Do you happen to know what will be located in the �' .°}:. new building being built on Old Trail across from Park . - ... Shore Plaza on one side and Alexander's Restaurant complex on the other?It is just behind a bank building that fronts U.S.41 and used to be a big parking lot. "Adding the prominent brands of Tide Dry Cleaners that role for the Creekside Corners retail center also —Roy Nash,Naples and Starbucks will enhance the already desirable loca- developed by Barron Collier Companies. Al Construction recently started on a new 2,200- tion of the MidWest One office building and serve as an The new retail duplex was designed by MHK Archi- square-foot Starbucks on Old Trail Drive,just west of added benefit to residents and professionals in the Park Lecture&Planning in"a commercial coastal contempo- US.41 in Naples.The new coffee shop drive-thru across Shore neighborhood,"Marinelli said. rary style,including climactically responsive details the street from the southern end of Park Shore Plaza The project is being developed by Naples-based and elegant massing,"according to a news release from will share a 5,000-square-foot building with Tide Dry Barron Collier Companies with Boston-based FoxRock Barron Collier Cos. Cleaners,which also will have a drive-thru service lane. Properties.The developers first teamed up two years Have a local question?Email it with your name and Both businesses with dedicated parking and outdoor ago to purchase the nearby Newgate Center at U.S.41 city of residence to intheknow@noplesnews.com.Tim patio seating are expected to open in early 2018,said and Pine Ridge Road. Aten's"In the Know"is published every Monday and Cee Cee Marinelli,director of leasing for Barron Colter Peninsula Engineering,the site developer and goner- Wednesday.Like In the Know on Face book at Cos. al contractor for the local project,most recently served facebook.comRimaten.intheknow. VA below standards—could not be validated. whether the thoracic surgeon had obtained medical his- "While several staff members voiced concerns dur- tories and conducted physical examinations within 24 ing our interviews regarding the thoracic surgeon's com- hours of a patient's admission. Continued from Page 3A potency and believed that the chief of staff was aware of The review was limited to whether the thoracic sur- staff concerns,these individuals could not provide us geon was timely in surgical consultations and whether with documentation of having raised these issues to the there were completed medical record documentation. "This is simply a case of an anonymous complaint that chief of staff or system director,"the report said."They "We also found the(evaluation)did not address pro- was largely deemed baseless by OIG and not reflective also stated that they personally had not brought these vider-specific items,such as surgical complication rates of the high quality surgical care delivered by our surgi- concerns forward to system leadership." that would allow the system to assess a provider's skills cal professionals who,on average,completed around 160 Despite dismissing the complaint,the investigator in accordance with VA policy,"the report states."Addi- thoracic cases per year,"Dangel said. found that the hospital system fell short on standards to tionally,the criteria did not relate to clinical diagnoses, Thoracic surgeons perform surgery on the heart and evaluate physician competency.In addition,a directive treatments or surgical outcomes,but focused on docu- lungs,esophagus,trachea and chest wall,which can in- on physician reviews was issued Aug.29,2016,from the mediation requirements and were therefore insufficient elude minimally invasive procedures. acting deputy under secretary for health for operations to evaluate the privilege-specific competence of the The OIG received the anonymous complaint Oct.25 and management. practitioner" and began an investigation Nov.9,with three site visits in The directive says that starting in August 2017,physi- The OlG recommended to Bay Pines that it review cri- November and December. cians with similar training should conduct ongoing pro- teria used for physician evaluations to be specific to the The complaint about the surgeon was made a few fessional practice and competency evaluations of other medical specialty involved. months after the body of a patient was left in a shower physicians. Suzanne!Clinker,director of Bay Pines,responded to room for more than nine hours in February,prompting The thoracic surgeon's evaluation,although conduct- the OIG that she agreed with the recommendations from another unrelated probe,where hospital staff violated ed before the August 2016 directive,was last done by an the OIG,stating in a response that a plan of action has polices for post-mortem care,according to the Tampa administrative psychiatrist in 2013,sometime between been developed to monitor physician competency based Bay Times. June and December,according to the DIG report on clinical specialty.The target date to have revamped The probe about the thoracic surgeon included inter- The review fell short,in part,because it was limited to evaluation process in place is Aug.31. views of clinical staff and review of medical records from 2014-17.The thoracic surgeon,the target of the complaint,was interviewed. The investigators brought in a consulting thoracic now WAY COMMUNm INDIWA NWAIT DISTRICT surgeon to review case files.Another surgeon Was NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR am BUDGETS:AND NOTICE OF PUBLIC HEARING TO CON810ER THE brought into proctor the surgeon in question,according IMPOSITION AND LEVY OF MAINTENANCE AND OPeoonn sPEc0L ASSESSMENTS,ADOPTION OF AN ASSESSMENT ROLL,ADOPTION OF A CAP RATE FOR THE to the OIG. Co ECTION.AND ENFORCEMENT OF THE ME:AND NOTI NOTICEORTON OF THE DISTRICT RECENTLY ANNEXED INTO THE AF REGULAR BOARD OF SUPERVISORS'MEERNGCT MORE COMMENT,KNOWN AS THE LO PARCEL;AND THE USE OF THE UNIFORM u Regarding the issue of high complication rates,the OIG found in interviews that that element of the cos- t Th.Bowof Sueemnnbrl.F,, Wry00,77TO*nont Dinipw.11 hob two puuichrringsndw egos meting on Se....5,20,i,a13:TOp.m. plaint was based on a perception the thoracic surgeon atA.aficr of Golsen.veynowcn SKo''1.r,pa.aw,r�.r:Tall Next,suds Soo,Nay'',Flondagalw. had a high rate of surgeries that began as minimally in- 0. a oft vs, .is es. t p.blo and obt.t,n %n he ^m Year ,lion is ",;,,, first q" e n c o vasive and had to be converted too n surgeries. se" `. .Chapter'w.los Fla Statutes.The o at t�one m�Diaries being Pe g ...m , N pnose oUn.loco -.ea tad ' hhlnd. below d a ewn'os ragnroe "We found that the surgeon's rate of conversion from nett«p only I Puy ec.�dy n,Med et me B..mom qp y tr we .a PP. .da'1ha woptlon a an (minimally invasive)to open procedures fell within pub- e.e''.mot all.tea n..n m .n$eo a and n.cr...f ten..... r .«odd i'a v e 5 y d w car. 'I'd...indm'ns cb'0 is0 lished rates,"the OIG report said. .rid ns7,F..statuta..At the conclusion of puns..nags,the eoaed welt by,''''Pion.adopt the Ada.t.and he r ese''memo to bed the°qr..N.maw :e p ... en.Y.p,o.w by die w me Boa..A regular bowel iwtom of tic ..A .we WO es hold Orion m.tics sows con..,any..business ilia may proper.... The other elements of the complaint—that the chief Agnroh•pmpaw budwta..nmr.ry r....mwn;mn,.net.nna.rorm.nrrieg.aria setrig mar e.obwn.a.t..ot..erm.Dlagt Manapn Po-. of staff and system director knew the surgeon's skill fell (eerie„Bsoo.Sine,armebeiee.no.endari�eu.tm.wen.haatltmaay.meduceof.e g.ImeddniaewumryobtainaonymtnepoPo.sod budget onm.o.mer.web ate:www.no eye dots immediately. T.speiY.ewrwn are annul''mourn.assessments and we in aceron t pmiou.H leered capital debt eases...The table below(Hess.the proposed schedule of rise menss.nc.mount.for Fiscal Yew 8018 and the proposed cap rate for notice purpose.An..are nr.Im,ney and wbiect to change at tie hearing end Plantation Shutters bNany awdoos .Theme.nt+M.e.bisc,tp.�pays.ntd,.e. a,nn,�by the undo.collection tew.Note that the operations and maintenance as...mentaetad include any I.Amosme.emem+pr.....by the Oise.and due to be coll..for Final Yesr2018. Per Und wove..Schedule of Asseeern.. S25i32 1.CAP PATE CALCUTATpiNce vw 2018 pe r eUna SgaS - s'/.ft. ha tax 10l nod_ l coiled...eeessmane pow.,to the umbra method.The Demm may choose to collect the assessments for developer owned land not pursuant to the Poplarc.IP"t pay the assessments collected by the T.Collector using the uniform V,sthod will c.ow a...rte000s issued .M.property which may Molt in.tax deed /J and loss of tltle For deinc....es...I.wee initury directly bead byth.0...the OMrict may initete a'oreclona action or may place the dN,nqunt assessments Bennett's ett's Interior Shutters tl"n.nyw.mnytexbin.consctedgmgeryowneehay.Meegntm.gP."atm.p.bF'he.nng..ndth.rigmt n.wnnn Oh1ecno.nth m.Ol.thctvnthin.eny Gary.e,pu icain o.me notice. A55-5672 i°c19la Ivpu°. a °meeti weop t01h oo.c ndwe.conduct.inaccwane.with Os provisions ofFlonde Law for Commu'0yDer opmwDIehieb.Thepublic h_ ..dmeetigmaybe er adatetue ndplacet p..ontheme.atthebasuneemraaba. Limited Availability There riled a peeaeons wen AA.A.members may p.$Ow.by+weer telephone. Any person rev..specie ace.rmodaeons.t this meeting bn.v,of•dl+.bi5y or physical in...lent should contest the District Office at{sea:e5B-4300 at least buy-boil(48)hours per to the moving.If you ars hseringV$F00ch mp.ed,pl.re content..Florida Relay Service at(8031855-8ITS for..contacting the District SELL_IORCASH: Office Each person who deco.toPtP I any decelon aced.by the Bow with spent to any mat.co...co....t..public hewn. c hen e,meting .bvl.. .0 that p..n.8 need a CONSIGN.._FOP,roe DOI I AR) recrdo'proceed .aedI ap ngy.thepe" w and on ayntoensurethatay.e. , ordofI.. e sop is to proceedings,Pmods,m tn aeuding .teamonyndevb.nceuponwhich Flaw Way Comb..Development Gimlet TRADE hoe Nh�ti P.mes P.Wad,Di..Magri PubiA Dates.08/21/2017 and C8/28/2017 FOR MORE INFORMATION,CONTACT JASON 6 TODD :_ DIAMOND DISTRICT h cart Vt.Se OW LINO A•Least Si 33478 _ au 23..471431 DMOSIDDItnU IVS.A L.A. t(t IA ..• !,row,ant,Fea.YF ems's.Saeees, : 1.._____J_ ' Bart's GRILL CLEANINGgilli 1-7 --I ) \,. 1 Nr.ren.t m...,�1 1 -Rem,,—, m,far.rr.nxena.nat .,,,,,,, �- ..., _— -- can be transferee.to your Mud •Helps extend the We of your Krill r•"" WE SERVICE S REPAIR MOST MAKES SaMODELS `Y 856.1•7.1210•batsrtKCleantnrnlcem AugAt tt nd25,2017 ND-17o3521 16 I 1 - ‘`'‘ h't, S UN NEWSPAPERS Charlotte •DeSoto • Englewood •North Port•Venice FLOW WAY COMMUNITY DEVELOPMENT DISTRICT NOTICE OF LANDOWNERS PUBLISHER'S AFFIDAVIT OF PUBLICATION MEETING STATE OF FLORIDA AND REGULAR MEETING NOTICE IS HEREBY GIVEN that the COUNTY OF CHARLOTTE: Landowners Meeting and Regular Meeting of the Flow Way Commu- nity Development District will be Before the undersigned authority personally appeared Holly Vinacco, who held at 3:00 P.M.. on Tuesday, November 8, 2016 at the of- on oath says that she is legal clerk of the Charlotte Sun and the Englewood Sun, Hces of Coleman Yovanovich each a newspaper published at Charlotte Harbor in Charlotte County,Florida; &Koester,P.A.,4 301 Naples, Trail North Suite 00,Naples, that the attached copy of advertisement,being a Notice of Meeting,was published Florida 34iO3 in said newspaper in the issue(s)of: The primary purpose of the Landowners Meeting is to elect three(3)Supervisors ul the FInw October 25,2016 and November 1,2016 Way Community Development i ct. ,mmediately thereafter, the Dis- Affiant further says that the said newspaper is a newspaper published at 'r i;_r.,Regular Board Meeting will ,e place. The purpose of this Charlotte Harbor, in said Charlotte County,Florida,and that the said newspaper meeting is for the Board to con- has heretofore been continuously published in said Charlotte County,Florida, pider any business which The properly come before it. The Sarasota County,Florida and DeSoto County, Florida,each publication day meeting is open to the public and wi11 be conducted in accordance and has been entered as periodicals matter at the post office in Punta Gorda with the provisions of Florida Law in said Charlotte County,Florida, for a period of one year next preceding for Community Development Dis- tricts.The meetings may be can- the first publication of the attached copy of advertisement; and affiant further celled or continues to a date,time says that he or she has neither paid nor promised any person, firm or corporation and location specified on the record at the meeting. any discount,rebate, commission or refund for the purpose of securing A copy of the agendas for these this advertisement for er.publication in the said newspaper. meetings may be obtained by con- p p tacting the offices of JPWard&As- sociates, LLC, 2041 N.E. 6th Terrace, Wilton Manors Florida f 33305 or by phoning(954)658- 4900 at least seven(7) prior to i the date of the meetings. In addi- 7//ilikedeZ.2* lion, the agenda's will be on the District's web site atww.(Signatu o gf nt) wflowwaycdd.org. If re are hearing or speech im paired,please contact the Florid Sworn and subscribed before me this 1st day of November, 2016 Relay Service a 1-800-955-8770 for issistan.e in :oflteclrng the District Office. fit In accordance with the provisions of the Americans with Disabilities Cc ou acc, any person ror aning spre er accommodations or an Interpreter to participate at this meeting (Signature of otary Public) should contact the offices of JP- \ Ward&Associates, LLC by tele- phone at(954)65&4900 at least ----•------- seven(7)days prior to the date of .;:k: PHYLIS MOLL the particular meeting. • �� r:: If anyperson decides to appeal MY COMhnfS.TON#FT 48827 •= any decision made with respect to -!'e,M; ' EXPiRES August 27.2017 any matter considered at this ,.,,: 53 rw,,akus sc, N.e meeting,such person will need a record of the proceeding and such verbatim record off the proceeure d that is made at their own expense and Personally Known OR Produced Identification which record includes the testi- -- mony and evidence on which the appeal is based. Type of Identification Produced i Way Community Development District James P.Ward,District Manager Publish:10/25/16 and 11/1/16 314056 3372889 16 I 1 MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Flow Way Community Development District for Tuesday, October 17, 2017, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: David Truxton Chairman Chris Nirenberg Assistant Secretary Adam Painter Assistant Secretary Absent were: Anthony Burdett Vice Chairman Steve Reiter Assistant Secretary Also Present were: J.P. Ward District Manager Greg Urbancic District Counsel Misty Taylor Bond Counsel 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:40 p.m., and roll call determined that all members of the Board were present with the exception of Supervisors Reiter and Burdett. Mr. Ward stated the assessment process for the Series 2017 Phase 6 Bond issues was being contemplated, and staff was recommending that this meeting be continued to October 25, 2017, at 1:00 p.m. at the offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103, in order to accommodate some additional changes necessary to the engineer's report and methodology before the process of levying the assessments could be continued. He said if that was acceptable to the Board and there were no questions or comments, he would call for a motion to continue to the meeting as referenced above. 1I 16l1 Flow Way Community Development District October 17, 2017 Motion was made by Mr. Truxton and seconded by Mr. Painter to accept the adjournment of this meeting and the continuance to the October 26, 2017, meeting described above, and with all in favor, the motion was approved. The meeting was adjourned at 3:42 p.m. //‘ James P. Ward, Secretary David Truxton, Chairperson 2I1' agc 1611 ? apLrø NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 1767431 FLOW WAY Pub Dates September 29,2017 Atabt (Sign ture of affiant) I ,•;V .'...., KAROLEKANGAS F Wary RuMk-State ofFlalda Sworn to and subscribed before me , •,�, �•` Mrs n GM MOO I This October 26,2017 ? „ ead,,,l,,,voNi,q,,,Koury gam. �j Cab V1C' (Signature of affiant; 10A Friday,September 29,2017 Naples Daily News Russia probes not likely to Community 16 I 1 health center end anytime in near future funding about Public impatience outruns to run out pace of inquiries,experts JAYNE O'DONNELL AND HOLLY say •. > FLETCHER USA TODAY NETWORK ERIN KELLY Community health centers, which USA TODAY e/elkr serve more than 27 million people,are at j't. risk of losing 70 percent of their funding if WASHINGTON-Eager to see the re- Congress doesn't act by Saturday to re- sults of all those Russia investigations • .i, store it. going on in Congress and in special Progress is being made as the deadline counsel Robert Mueller's office?Well, -04 approaches. take a deep breath.It's likely to be a ' . - Bipartisan legislation is pending in the while. 110 House to address the funding cliff,but a The constant stream of news about tri. solution could also be included with mea- witnesses,subpoenas and closed-door sures to extend the Children's Health In- testimony might make it feel like the ✓ surance Program and other health care- Russia probes have been going on for- related provisions known as"extenders" ever,but Mueller has only been on the - for which the money also runs out Satur- job about 414 months,and the three con- day.The bill is gaining House sponsors. gressional committees conducting in- Bipartisan negotiators are working in quiries didn't really start digging in un- both houses on a deal,said Dan Hawkins, til spring. 1 senior vice president for policy and re- That's not long when you consider __ search at the National Association of Com- that the Watergate investigation of Robert Mueller's investigation of meddling in the 2017 election could take a year to show manity Health Centers. Richard Nixon took about 20 months— results,legal experts say.1.scorn APPLFWICTUAR Without the new money,the Depart- considered relatively fast—and the meet of Health and Human Services esti- Whitewater investigation of Bill Clin- "Judged by other investigations and mates 2,800 healthcenter sites would close ton,which morphed into the Monica Le- Watergate are"roughly comparable in and eliminate more than 50,000 jobs and winsky investigation, spanned about given the breadth of thin one,I don't terms of the complexity." access to care for about 9 million patients. five years. think the public should be too "Judged by other investigations and The House and Senate will be in session "The public and the press have al- expectant but rather appreciate the given the breadth of this one,I don't for 24 days between October and mid-No- ways been impatient about how quickly complexity...and scope of the areas think the public should be too expec- vember, and Mary Bufwack, CEO of these types of investigations are mov- that both Mueller and congressional tant but rather appreciate the complex- Neighborhood Health,said that"the focus ing,but they have gotten more so,"said investigators are charged with ity...and scope of the areas that both will likely become getting a bill through Charles Tiefer,a professor at the Uni- looking into." Mueller and congressional investiga- Congress by Thanksgiving." versity of Baltimore deBaltimoreeu chief counsel School of Law.He ATTORNEY RICHARD BEN-VENISTE Re- was the specialtors are charged with looking into," It will be tough for the U.S.Health Ben-Veniste said. sources and Services Administration to for the House Iran-Contra committee's Bruce Udolf,a criminal defense at- get money to clinics on the Jan.1 cycle if investigation of the Reagan admini- torney in Florida who served as an as- legislation isn't passed by mid-November, stration. "The 24-hour news cycle campaign and Russian officials. sociate independent counsel during the Bufwack said. means that speculation outruns the ac- "They have difficult obstacles to Whitewater investigation,said he be- A continuing resolution signed by tual investigation and demands re- overcome,"Tiefer said. heves Mueller is"moving at lightning President Donald Trump extended 30 per- sponses." Among them:convincing reluctant speed"in putting together a team and cent of the funding temporarily. The Tiefer estimated it could take Con- witnesses to cooperate, obtaining questioning witnesses. HRSA could help withdiscretionary funds gress until spring and Mueller about a scores of documents from both inside Mueller is dealing with complicated through March if another continuing reso- year to begin to show initial results, the U.S.and Russia,and trying to per- issues of money laundering and ob- lution is passed. such as preliminary reports from the suede one of the targets to break ranks struction of justice,with witnesses and There's a bill in the House that could be committees or the first round of indict- and become a witness for the prosecu- evidence scattered across the globe, discussednext week in the House Commit- ments from the special counsel. Lion. Udolf said. tee on Energy and Commerce. The special counsel,the Senate and Attorney Richard Ben-Veniste,who "Of necessity,it's going to take a The bill,sponsored by Rep.Elise Stefa- House intelligence committees, and served as an assistant special prosecu- very long time,"he said."I would be nik,R-N.Y.,"already has over 150 biparti- the Senate judiciary committee are all tor in the office of the Watergate Spe- surprised if it was completed in less son co-sponsors,and we're working with investigating Russian interference in cial Prosecution Force and chief minor- than a year.But it sounds like he's mak- more offices now who are interested in the 2016 presidential election and pos- ity counsel to the Senate Whitewater ing a lot of progress.I'm sure his team signing on,"said her spokesman,Tom Fla- sible collusion between the Trump committee,said the Russia probe and is working around the clock." nagin. ADVERTISEMENT NOTICE OF ANNUAL MEETINGS Bayshore Memory Care Protects Residents, FLOW WAY COMMUNITY DEVELOPMENT DISTRICT Staff and Guests During Hurricane Irma The Fiscal Year 2018 Regular Meetings of the Board of Supervisors of the Flow Way Community Development District are scheduled for In recent weeks,Hurricanes Har- and medication in their supplies the second Tuesday of each month at 3:00 P.M.,at the offices of vey and Irma raised concerns to last for at least seven days.Part Coleman,Yovanovich&Koester,P.A.,4001 Tamiami Trail North, about the welfare of elderly popu- of the preparedness plan included Suite 300 Naples,Florida 34103,on the following dates: lations in senior living communi- having the emergency generator _ ties across the country.Bayshore inspected to reassure family mem- October 17,2017 November 21,2017 Memory Care in Naples is a perfect bars that their loved ones would December 19,2017 January 16,2018 example of the seamless execution be safe at Bayshore Memory Care. February 20,2018 March 20,2018 of emergency preparedness plan- - ning combined with expert in- AsHurricanelrmaboredownon April 17,2018 May 15,2018 community staff and leadership. our area,things became very hectic June 19,2018 July17,2018 very fast:'Pratt recalls."We began August 21,2018 September 18,2018 "Due to the preplanning and ex- receiving phone calls from other ecution of our emergency manage- senior living communities and the ment plan,residents of Bayshore public at large requesting shelter:' The meetings are open to the public and will be conducted in Memory Care were safe,comfort- Pratt said fortunately Bayshore accordance with the provisions of Florida Law for Community able and received the same level of Memory Care had available accom- Development Districts. A copy of the agenda for each meeting care and attention during the hur- modations that they used to house may be obtained from the office of the District Manager,JPWard ricane as they would have on any residents from The Glenview at &Associates LLC,2900 NE 12th Terrace,Suite 1,Oakland Park, other day:'says Alisha Pratt,Ex- Pelican Bay and Kiva House com- Florida 33334 (Phone 954 658 4900)at least seven(7)days in ecutive Director. "In fact,we were munities.As the eye of the storm advance of the meeting. In addition,the Agenda's will be posted on able to care for over 200 displaced approached our area,we moved the District's web site at www.flowwaycdd.org. residents from other communities, everyone into the interior hallways residents' family members, staff, and away from windows to ride out The meetings may be cancelled or continued to a date,time and staff family members and 20 pets, the storm:'Pratt says."We were location specified on the record at the meeting. in addition to providing food and able to mobilize within lO minutes!" shelter to all during the storm" In accordance with the provisions of the Americans with Disabilities Pratt says teamwork was the Act,any person requiring special accommodations or an interpreter Pratt says she made the deci- main theme throughout the di- to participate at these meetings should contact the District at(954) sion to accept residents from other caster, adding that her manage- 658-4900,at least five(5)days prior to the date of the meetings. communities after assessing the ment team remained at the corn- If you are hearing or speech impaired,please contact the Florida viability of her own community, manity throughout the event. Relay Service at 1-800-955-8770,for assistance in contacting the available space and resources. I Fortunately, Bayshore Memory District Office. couldn't live with myself if I had Care suffered no damange and turned away vulnerable seniors is welcoming new residents. who were then negatively impacted If any person decides to appeal any decision made with respect to by the storm. You have to be For more Information on any matter considered at these board meetings,such person will empathetic and willing to help Bayshore Memory Care, call need a record of the proceedings and such person may need to others during these desper- (239) 213-9370 or visit ensure that a verbatim record of the proceedings is made at their ate situations?' she remarks. BayshoreMemoryCare.com. own expense and which record includes the testimony and evidence on which the appeal is based. In the days leading up to the hurricane,Pratt notes they made Married byOLife Care Services't'164 Flow Way Community Development District sure there was ample food,water Assisted Living Facility Licensef12760 James P.Ward,District Manager September 29,2017 ND-1767431 161I apLri Battu ":,.-NrWS NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 2143665 FLOW WAY Pubic Heari Pub Dates October 22,2018 October 29,2018 • ``' GteCt YieVa (Sign ture of affiant) KAROL(KANGAS I s,.• NotaryPudk-StattofFlorida Sworn to and subscribed before me I ;• n • conwMslonKGG1NA41 This October 29,2018 I '%:41. My Comm,�Wm1d29.1olt Jl I ,,.,.: aonarathmphNNbiWWgyam 1 I Ctrd -. C1/Yker (Signature of affiant) 26D I SUNDAY,OCTOBER 21,2018 I NAPLES DAILY NEWS RESOLUTION N0.2018-17 A RESOLUTION OF THE ARD OF SUPERVISORS OF FLOW WAY COMMUNITY DE- Harry and Meghan VELOPMENT TTIONEFATYRE AED aND ESTRICT IMATED CO WHOLE OR IN ST TO LARING THOSE THE ASSESSMENTS; ASSESSMENTS;COST IPROVI TO BE bring rain to ING THE PORTION OFIN THE ESTI THE COSTIMPROVEMENTSOF THE NO MANDEFRANER IN WHOLE OR IN PART BY THE SPECIAL ASSESSMENTS;PROVIDINGT THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE;PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE;DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED;PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A ASSESSMENT ROLL;PROVIDING FOR A PUBLIC HEAR- drought-stricken ING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED MPROIVEMEN S;PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION;PROVIDING FOR CONFLICTS; Outback town PROVIDING FOR SEVERABILITY;Supervisors of FlowND PROVIDING AN EFFECTIVEr,Development DATE. ment WHEREAS,the Board of Supervisors of Flow Way Community DavalapmeM District(the'Board") WHEREAS, determines to undertake,instal,plan,establish,construct,reconstruct,enlarge or extend,equip, acquire,operate and/or maintain certain public improvements described in that certain Flow Way Com- munity Development District Master Engineers Report prepared by Waldrop Engineering,Inc.and dated Klrsty Wlgglasworth and Rod Megulrk the economic and environmental ray- August,2013("Master Engineers Report"),as supplemented by that certain Flow Way Community De- ASSOCIATED PRESS ages of the extended dry spell. valopment District Phase 8 Engineer's Report for the 2018 Project prepared by Waldrop Engineering,Inc. Drought conditions in New South and dated August 2018(-Supplemental Engineers Report").Both the Master Engineer's Report and the DUBBO,Australia-The Duke and Wales state this year havebeenthemost Supplemental Engineer's Report are maintained on file at the offices of the District Manager,JPWard& Of- Duchess of Sussex were jokinglywidespread since 1965. fieAss)rid a.LLC,2900 Northeast 12th Terrace,Suite 1,Oakland Park,FL 33334 t Manaiarpo Of- P N..s and at the offices of the District Attorney,Coleman,Yovanovlch 8 Koester,PA,4001 Tamiami Trail thanked fox bringing England's notori- Meghan held an umbxella over Harry N.,Suite 330,Naples,FL 34103 and are incorporated herein by reference.The public improvements as- misty inclement weather to a drought- as he gave a speech,acknowledging the sociated with Phase 8 Project.and which are more particularly described in the Supplemental Engineer's stricken Outback town on Wednesday hardships the drought brought totheru- Report,am hereinafter referred to as the irnorouesnenls;end in a rain-drenched visit to Dubbo during Ial community and urging drought vie- WHEREAS,Flow Wey Community Development District(the"Dlsthet9 is empowered by Chapter 190, their Australian royal tour. Elms not to suffer In silence. the Uniform Community Development District Act of 1980(as amended),Chapter 170,Supplemental The former Meghan Markle brought The crowd applauded when Harry end Alternative Method of Making Local Municipal Improvements,and Chapter 197,Florida Statutes,to banana bread that she baked in Sydneytouched on his own mental health fiancen fund,plan,establish,acqure,pee.ha,or reconsttuct,enlarge or extead,egn:I operate,and amily WHERE tSe the Boardoarfinds and to impoee,l best interest end tolf the the Actto pay all(ra portiotl of thwc stof on Tuesday as a gift to a fanning family struggles following the death of his WHEREAS, finds that it is in the beat of the District to pay all or a portion the cost of outside Dubbo who were struggling to mother,Princess Diana,in a car crash in the Improvement by imposing,levying,and collecting special assessments pursuant to Chapters 170, feed their cattle and sheep through two a Paris tunnel in 1997.He was 12 at the 190,end 197,Florida Statutes the"Assessments"):and years of below-average Iain. time. WHEREAS,the District hereby determines that benefits will accrue to the property benefited by the "When she heard she was coming to a Harry,now 34,revealed in an inter- Improvements,the amount of those benefits,and that the Assessments will be made in proportion to the benfamily home,she had to bring a plate,so view last year that he did not seekcoun- Plies 7repeivne as sal forth in that certain Supplemental special Assessment Report for series 2019 it was lovely,"farmer Elaine WoodleySe until he was1I1 his late 20s. Phase (Esplanade)and Phase 8 Bonds prepared by JPWard 8 Associates,LLC and dated September y3,2018 the"Assessment Resort"),a copy of which is maintained on file at the offices of the District said,referring to a dish to be shared. "You are all in this together and,if I Manager,JPWard 8 Associates,LLC,2900 Northeast 12th Terrace,Suite 1,Oakland Park,FL 33334 and The pregnant American former ac- may speak personally,we are all in this at the offices of the District Attorney,Coleman,Yovanovlch&Koester,PA.,4001 T iemi Trail N.,Suite tress and her husband,Prince Harry,got togethel,"Harry said."Because asking 300,Naples,FL 34103,and which report is incorporated herein by reference;and their hands dirty throwing cotton seed for help was one of the best decisions WHEREAS,the District hereby determines that the Assessments to be lasted wil not exceed the ban- onto hay used to feed the cows because that I ever made.You will be continually ¢fits to the property benefited by the Improvements. a lack of pasture. amazed how life changes for the better." NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FLOW WAY COM- ofHeavyrain startedwhen the Drought relief charityDrought An- MU SectITYion n1. T DEVELOPMENT inDIgTRICT THAT: falling � Battier 1. The foregoing rentals are hereby incorporated as the findings of the Board. royal couple arrived later at a Dubbo gels director Natasha Johnston corn- Section 2. Assessments shall be levied to defray a portion of the cost of the Improvements. park for a community picnic,but thou- mended the couple for their empathy. section 3. The nature and general location of,end plans end specifications for,the Improvements sands of cheering well-wishers re- "To have them recognize that our are described in the Engineers Report and maintained on file at the offices of Coleman,Yovanovlch& manned enthusiastic. farmers are hurting,and show up here, Koester,PA,4001 Tamiami Trail N.,Suite 300,Naples,FL 34103 and the Dlettict Manager's Office. "As your royal highnesses are aware, it's an honor,"Johnston said. Section 4. The total estimated cost of the Improvements is approximately$4 789 000 otlthe"Esti- our region has been hit by a terrible Harry and Meghan are on a 16-day matron Coen. Sxmoncl The Assessments,will defray ted Cost,tely fn 800 acing 00 in bondedts, Indebtedness drought,"Mayor Ben Shields told the tour of Australia,Fiji,Tonga and New which includes,without limitation,the Estimated plus financing related casts,capitalized inter- drenched crowd draped with water- Zealand. est,a debt service reserve and contingency. proof ponchos and holding umbrellas, The main focus of the tour is the In- Section 6. The manner in which the Assessments shall be apportioned and paid is set forth in who erupted in laughter. victim Games,which start in Sydney on the Assessment Report(which report is incorporated herein by reference).Including provisions for "So we're very pleased that you can Saturday.The sporting event,founded supplemental assessment resolutions.The Assessment Report is also available on file at the offices bring some of that English weather with by Harry in 2014,gives sick and injured of Coleman,Yovanovlch&Koester,PA,4001 T iemi Trail N.,Suite 300,Naples,FL 34103 and the you today,and hopefully it will bringmilitarypersonnel and veterans the o_ ;if Manage:s Ofsee. S ✓ Pe y P Sadler 7. The Assessments shall h se B, e the District, 1. the Assessment Report on all lots Some relief to the farming families," portunity to compete in sports such as and lands constituting the portion of Phase 8,within the District,being assessed)"Phase a Assessed Shields added. wheelchair basketball. land),which are adjoining and contiguous or bounding and abutting upon the Improvements or spa- While rain in recent weeks has been McGuirk reported from Canberra, Sally benefited thereby and further designated by the assessment plat hereinafter provided for, welcome,much more is needed to repair Australia. Section a There is on file in the offices of Coleman,Yovanovich 8 Koester,PA.4001 Tamiami Trail N.,Suite 300,Naples,FL 34103 and the District Manager's Office,an assessment plat showing the Phase 8 Assessed Land,ssth the plans and specifications describing the Improvements and the Estimated Cost,all of which shall be open to inspection by the public. LOCATED IN"sUAPOLITAN SHOPPING CENTER Section9. The District Manager has caused to be made a preliminary assessment roll,in accor- dance with the method of assessment described in the Assessment Report,which shows the lots �� and anlands each lot or parcel nfla Phase tAssessed Land,the amount benefit hahstch Assessment N1� I �f I\I against lot paths land and the ad number of annual einstalments into which such Assessment IIn-\U\\/IIIY may be divided,which is hereby adopted and approved as the District's preliminary assessment roll. 1 Section 10. Commencing with the year in which the Assessments are certified for collection and subsequent to any capitalized interest period,the Assessments shall be paid In not more than(30) LL�i_�`s4 thirty yeady installments.which instalments shall include principal and interest as calculated In ac- J cordance with the Assessment Report.The Assessments shall be payable at the same time and in the same manner as are ad-valorem tense and collected pursuant to Chapter 197,Florida Statutes; provided,however,that in the event the uniform non ad-valorem assessment method of collecting the VOJ`��� CL�`. Assessments iso not available to the Dlstrict in any year,or the District otherwise determines not to di- �,ED % Ilze the provisions of Chapter 197,Florida Statutes,the Assessments may be selected as is otherwise J�t� ✓ iyl permitted o by law. J ' Section 11. The Board shall adopt a subsequent resolution to fix a time and place at which the owners of property to be assessed or any other persons interested therein may appear before the /( n Board and be heard as to the propriety and advisability of the Assessments or the making of the Inn V`,j(/v[r /� 11 pmvements,the coat thereof,the manner of payment therefore,or the amount thereof to be assessed s"/I/te O 0 e(/ against each property as improved;and to authorize such notice and publications of same es maybe ""'�IVI (/�/ required by Chapter 170,Florida Statutes,or other applicable law. Section 12 The District Manager is hereby directed to cause this resolution to be published twice te /' T (once a week for two(2)weeks)in a newspaper of general circulation within Collier County and to " `TM�ki"JG ". provide mailed notices to the owners of the property subject to the proposedto be Assessments end such 11 Srpitdt other notice as they ebes required a law or deemed in the beat interest of the Distdct. p 'Mgi+E-Mgl1t•$I1riM Section 19. N any one of the covenants,agreements or provisions herein contained anal be held $NO tr.Whole p"C_ilou 1tr contrary to any express provision of law or contract to the pot cy of express law,but not expressly + pp oIt 9tII t_tQ MS•O prohibited or against public policy,or shall for any reason whatsoever be held invalid,then such cov- Salmrw,••Muzstle .., events,agreements or provisions shall be nut and void and shall be deemed separable from the Iohettr•New y>rk •Grouper•Kiuvr�Lrat.. remaining covenants,agreements or provisions and shall n no way effect the validity of the other g. r Slri •I=I 5* provisions hereof. '���Af'3` (_l1l<-kern . uI�HO �Ork L{1npC seatia,l4. Al resolutions or parts thereof in conflict herewith are,to the extent of such conflict ty�ll r`..Mort superseded and repealetl. . Section 15. Thu Resolution shall become effective upon Its adoption. 2. PASSED AND ADOTED this 1 Be day of September,2018. AO a -- Raw Wav coaaurm oGnelor M MAN aan Br:JAME.P.Wean MIMIC,MANAMA .4),J •Nr x '' Reports Incorporated By Reference: Master Engineer's Report prepared by Waldrop Engineering,Inc.and dated August,2013,as supple- ' a1Y• merited by that certain Flow Way Community Development District Phase 687 Engineer's Report for the M S 2017 Project prepared by Waldrop Engineering,Inc.and dated October 2017 ' re 3 ti\ l Special Assessment Report for Flow Way Community Development District,Series 2017-Phase 6 far each pp ' your party Capital Improvement Program prepared by JPWard&Associates LLC and dated October 25,2017 "lib f purchasei fie. -J:{_A �ae .r. '''A-..-- u-. -'.HFsne tea_ j r I ONLY ONLY $ 18Anything s17 Any 2 for $49 -`---1 Off the Menu* Grouper I Choose two entrées Featuring,,, Entrée with sides and f' Salmon,Mahi Mahi, a salad,plus a I Pastas,Grouper,Jumbo in the bottle of wine! r "1 Shrimp,New York Strip err 11 �--- and more. House J« _-_ __-.___.._ 'EICEUOES VAMP PRICE REMO PURCHASE OF A BEVERAGE REWIRED. I PURCHASE OF A BEVERAGE PEGBRFD. ,../MINABLE ONTO CLOSE. u",.me,"". PM,.ePM'p CIOSF. ...LE{PMTO CIOSE. f 1 Offers ova,loble for dine in only. • (4665) .a� 1 • 11 I' October 21,201B ND-2143647 NAPLESNEWS.COM I MONDAY,OCTOBER 29,2018 I 21A Floridians to decide fate of greyhound racing 16 I 1 Terry Spencer - - rities like Babe Ruth and Frank Sinatra,turned out in ASSOCIATED PRESS -�' ^„ its heyday. It's much different today.At Palm Beach,the in- WEST PALM BEACH-Several times a day,eight - � tense gamblers inhabit the track's poker room and sur- muzzled greyhounds spring from boxes at Palm Beach r, - round simulcast screens after placing bets on horse Kennel Club's starting line and hurtle forward in a races around the country. blurred mass. Florida greyhound tracks now must offer live racing A couple of hundred bettors watch from air-condi- - to operate poker rooms and accept wagers on horse tioned stands built for thousands.Lean speed ma- racing simulcasts.Amendmentl3 would let them keep chines with names like Bull Gator and Open Throttle 1s those more profitable side businesses. chase a mechanical lure fora third of a mile,their long • 1 Y The amount wagered on greyhound racing in Flori- strides propelling them past 40 mph.The greyhounds — r l da dropped from$15 billion in 1992,adjusted for in- cross the finish line with tails wagging-except for the 8atlon,to just over$200 million in 2017,state records occasional injured dog carried off by workers. show.After paying bettors,purses and taxes,five The scene soon may be history.The sport's demise tracks reported losses on the sport and the then-12 has long been predicted,with 50 U.S.tracks closing • tracks'combined net revenue on live racing was$20 sincethe1990s.On Nov.6 Florida voters will decide on A dog worker walks a muzzled greyhound racer to million.That's about a fifth their poker net. a measure banning greyhound racing by 2021that may the track before a race at the Palm Beach Kennel Racing proponents say the state's figures are mis- kill it nationally. Club In West Palm Beach.Florida voters will decide leading for popular tracks that simulcast races to bet- Amendment 13's supporters, including animal next month whether to ban greyhound racing In the ting parlors worldwide because that revenue is not re- rights groups,say dogs at Florida's lltracks frequently state by 2021.BRYNN ANDERSON/AP ported.Palm Beach telecasts races in 35 countries and are locked in crates up to 23 hours a day,some suf- 20 states.Spokeswoman Theresa Hume wouldn't dis- fering abuse-allegations trainers vehemently deny- close that revenue but said the track would take a hit if and risk gruesome injuries on the track. Florida became the first state to legalize betting on dog racing ends,even with poker and simulcast horse "This industry is on its way out,but meanwhile greyhound racing in 193E Some tracks dressed mon- wagering. dogs are suffering,"said Kate MacFall,Florida director keys as jockeys and strapped them to dogs'backs but "We are successful and profitable with greyhound for the Humane Society of the United States. stopped after many died.Thousands,including celeb- racing and want to continue,"Hume said. But racing supporters say greyhounds are treated better than most pets and are happiest when compet- ing.They say injured dogs get quality veterinary treat- ment and racing opponents exaggerate the frequency RESOLUTION NO.2018-1 a of injuries to gamer donations.Most injured or slow dogs are adopted,not destroyed,they say,and the in- A RESOLUTION OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY dustry supports 3,000 jobs. DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD ON NOVEMBER "If reincarnation exists,people should want to 7,2018 AT 10:00 A.M.AT THE OFFICES OF COLEMAN,YOVANOVICH&KOESTER,P.A., come back as a racing dog,"said Palm Beach trainer 4001 TAMIAMI TRAIL NORTH,SUITE 300,NAPLES,FLORIDA 34103,FOR THE PURPOSE Arthur Agganis,who has been Tuning greyhounds for OF HEARING PUBLIC COMMENT ON IMPOSING SPECIAL ASSESSMENTS ON CERTAIN 43 years and has five employees.He said his 120 dogs PROPERTY WITHIN THE DISTRICT GENERALLY DESCRIBED AS THE FLOW WAY COMMUNITY are outside,off-leash three hours daily and get walks, DEVELOPMENT DISTRICT IN ACCORDANCE WITH CHAPTERS 170,190 AND 197,FLORIDA massages and whirlpool baths.His income comes STATUTES;AND PROVIDING AN EFFECTIVE DATE. from winning,he said,and abused dogs are slow dogs. WHEREAS,the Board of Supervisors("Board")of Flow Way Community Development District("District")has He said the industry works to eliminate abusive previously adopted Resolution No.2018-17 entitled: trainers:"We police our own business-if we see something,see anybody do anything at all wrong,... A RESOLUTION OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY they are out." DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; INDICATING THE Opponents,however,say greyhound racing is in- LOCATION,NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHICH COST IS herently cruel,pointing to government reports of TO BE DEFRAYED IN WHOLE OR IN PART BY THE SPECIAL ASSESSMENTS;PROVIDING abused,drugged,injured and dead dogs.State records THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYED IN show that,on average two of the slate's approximate- WHOLE OR IN PART BY THE SPECIAL ASSESSMENTS;PROVIDING THE MANNER IN WHICH 8,000wdogsinjury orte's approximate- SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL lyracing die of ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL Sonia Stratemann,who has fostered more than ASSESSMENTS SHALL BE LEVIED;PROVIDING FOR AN ASSESSMENT PLAT;ADOPTING A 2,200 greyhounds overly years,has four former racers PRELIMINARY ASSESSMENT ROLL;PROVIDING FOR A PUBLIC HEARING TO CONSIDER loping around her ranch,nuzzling visitors.One,Bart, THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED has a back leg held together by screws.In a December IMPROVEMENTS;PROVIDING FOR NOTICE OF SAID PUBLIC HEARING;PROVIDING FOR race at Palm Beach,he was running second,video PUBLICATION OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR shows,when he clipped the leader's legs and went fly- SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. ing,spinning completely before crashing.Josephine WHEREAS,in accordance with Resolution No.2018-17,a preliminary assessment roll has been prepared hoe a jutting front leg from a break suffered in a 2015 and all other conditions precedent set forth in Chapters 170,190 and 197,Florida Statutes to the holding of the race. aforementioned public hearing have been satisfied,and the roll and related documents are available for public Flashing through photos of other injured,sick and inspection at the offices of Coleman,Yovanovich&Koester,PA,4001 Tamiami Trail N.,Suite 300,Naples,FL 34103 tick-infested dogs,Stratemann said some trainers love and the offices of the District Manager at JPWard&Associates,LLC,2900 Northeast 12th Terrace,Suite 1,Oakland their animals but others don't,and the business is Park,Florida 33334. dangerous to greyhounds. "They are running45 miles per hour;I don't see how NOW THEREFORE BE Ir RESOLVED BY THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY you make that safer,"Stratemann said. DEVELOPMENT DISTRICT: Florida's Amendment 13 needs 60 percent approval to pass.Without the state,the sport maybe too small 1. There is hereby declared a public hearing to be held on November 7,2018 at 10:00 a.m.,at to survive.Two tracks remain in West Virginia and one the offices of Coleman,Yovanovich&Koester,P.A.,4001 Tamiami Trail North,Suite 300,Naples,Florida,34103, each in Alabama, and Iowa.[n Texas,three for the purpose of hearing comment and objections to the proposed special assessment program for community Racks rotatean Arkansaskal meet. improvements as identified in the preliminary assessment roll,a copy of which is on file at the offices of Coleman, Yovanovich&Koester,PA.,4001 Tamiami Trail N.,Suite 300,Naples,FL 34103 and the offices of the District Manager at JPWard&Associates,LLC,2900 Northeast 12th Terrace,Suite 1,Oakland Park,Florida 33334. Said preliminary assessment roll indicates the areas to be improved,description of the project to be assessed and the amount r 1 expected to be assessed to each benefited piece or parcel of property.Affected parties may appear at that hearing I HEARING AIDS or submit their comments in writing prior to the meeting and submit same to the office of the District Manager at I JPWard&Associates,LLC,2900 Northeast 12th Terrace,Suite 1,Oakland Park,Florida 33334. rp 30-Day Trial Period �t N, 2. Notice of said hearing shall be advertised in accordance with Chapters 170,190 and 197 Florida I CCC\�__iYY//// I Statutes,and the District Manager is hereby authorized and directed to place said notice in a newspaper of general 239-451-6374 ►I circulation published within Collier County(by two publications one week apart with the last publication at least one week prior to the date of the hearing established herein). The District Manager shall file a publisher's affidavit with I www.NaplesHeoringAids.com I the District Secretary verifying such publication of notice. The District Manager is further authorized and directed to give(30)thirty days written notice by mail of the time and place of this hearing to the owners of all property to be I assessed and include in such notice the amount of the assessment for each such property owner,a description of �• e //-- I the areas to be improved and notice that information concerning all assessments may be ascertained at the offices of Coleman,Yovanovich&Koester,PA,4001 Tamiami Trail N.,Suite 300,Naples,FL 34103 or the offices of the District ffV// I Manager at JPWard&Associates,LLC,2900 Northeast 12th Terrace,Suite 1,Oakland Park,Florida 33334. The `Audiology Er Hearing Cm '� District Manager shall file proof of such mailing by affidavit with the District Secretary. J 3. This Resolution shall become effective upon its adoption. MK HOME FASHION 944 PASSED AND ADOPTED this 18th day of September,2018 UPHOLSTERY by JoAnn `._„ Sale -__ I 5 OFF rids __- ) uNpahol„asteur1tel0r 9d1coar el ------- --- • -- 'S w EI 7-DAY SERVICE .._. _____..-� _ on Cushions with In Stock Fabric �,m..•--- 597-7783•992-4292 5350A Shirley Street•Naples = 161 ' MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The is the continued meeting of the October 17, 2017 Regular Meeting of the Board of Supervisors of the Flow Way Community Development District being held on Wednesday, October 25, 2017, at 1:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: David Truxton Chairman Chris Nirenberg Assistant Secretary Adam Painter Assistant Secretary Absent were: Anthony Burdett Vice Chairman Steve Reiter Assistant Secretary Also Present were: James. Ward District Manager Greg Urbancic District Counsel David Williams Bond Counsel 1. Call to Order & Roll Call Mr. Ward called to order the continued meeting at 1:53 p.m., and roll call determined that all members of the Board were present with the exception of Supervisors Reiter and Burdett. This is the continued meeting of October 10. 2. Consideration of Resolution 2018-1 Declaring Special Assessments Mr. Ward stated the primary purpose of the meeting was to start the process relative to the assessments for Fiscal Year 2017. He said generally the process was to go through the engineer's report, and then Mr. Ward would go through the methodology. He said they would dispense with doing that. He advised the Board that the engineer's report and the methodology were exactly the same as what had been seen in the past. Basically, he said they would be financing about 30 units that were in the 2015 Phase 4 bonds with the 2017 assessments, plus 128 units in the 2017 Phase bond area. Mr. Ward stated there were two resolutions before them. The first was the resolution that declared the special assessments, and the second was the one that set 11 Flow Way Community Development District October 25, 2017 1 6 I the Public Hearing for Wednesday, November 29, 2017, at 3:00 p.m. at the Offices of Coleman, Yovanovich and Koester. Mr. Ward continued that in Resolution 2018-1, the only change was in Section 4. The total cost would be $5,936,328.97. Mr. Ward called for questions and no questions were asked. He called for a motion to set the Public Hearing. !Motion was made by Mr. Truxton and seconded by Mr. Nirenberg to adopt Resolution 2018-1 declaring special assessments as described above, and with all in favor, the motion was approved. _ y 3. Consideration of Resolution 2018-2 Setting a Public Hearing Mr. Ward called for a motion to adopt Resolution 2018-2, which set the Public Hearing for Wednesday, November 29, 2017, at 3:00 p.m. at the Offices of Coleman, Yovanovich and Koester. Motion was made by Mr. Nirenberg and seconded by Mr. Truxton to adopt Resolution 2018-2 to set the Public Hearing as described above, and with all in favor, the motion was approved. 4. Staff Reports a) District Attorney— No Report b) District Engineer— No Report c) District Manager— No Report 5. Supervisor's Requests and Audience Comments. Mr. Ward called for supervisor comments, and hearing none, stated no audience was present. 6. Adjournment The meeting was adjourned at 1:55 p.m. .Motion was made by Mr. Truxton and seconded by Mr. Nirenberg to adjourn the !meeting, and with all in favor, the motion was appr v d. /41411 / James) ames . Ward District Manager vid Truxton, Chairperson p 2IPagc i611 MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Flow Way Community Development District for Wednesday, November 8, 2017, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: David Truxton Chairman Chris Nirenberg Assistant Secretary Adam Painter Assistant Secretary Absent were: Anthony Burdett Vice Chairman Steve Reiter Assistant Secretary Also Present were: James Ward District Manager Greg Urbancic District Counsel Misty Taylor (via telephone) Bond Counsel 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:15 p.m., and roll call determined that all members of the Board were present with the exception of Supervisors Reiter and Burdett. 2. Consideration of Resolution 2018-3 Mr. Ward stated the primary purpose of the meeting was consideration of Resolution 2018-3, which was commonly referred to as a delegation award resolution for the Series 2017 Bonds. He introduced Misty Taylor, Bond Counsel, who was on the phone. Ms. Taylor said the resolution, if accepted, would approve all of the exhibit documents as to form and substance with additional changes. She said changes would continue to be made until the time the documents reached closing. She said the resolution would make all the negotiated sale findings required by state law in order to 1 ' pill. Flow Way Community Development District November 8, 201 sell the bonds on a negotiated basis. She said they were naming FMS Bonds as the underwriter and delegating to the Chairman the authority to enter into the bond purchase contract with FMS. She said she had set forth various parameters in order for the Chairman to be delegated that authority, which included interest rate parameters, maturity parameters, and an underwriter discount parameter. She said her firm authorized the Chairman to see the preliminary limited offering memorandum file, which would allow her to post it and use it in the marketing process to market the bondholders. She said the bonds would then be priced and all the documents would be put together for final execution at closing. She said this resolution would be the last full Board action to allow her firm to move forward. She asked for questions. Mr. Ward stated there was a meeting scheduled for the 29th when the Board would actually adopt the assessments, and the bond issue would not be closed until after that Board meeting. Mr. Ward also called for questions. Hearing none, he asked for a motion to adopt. rMotion was made by Mr. Painter and seconded by Mr. Nirenberg to adopt Resolution 2018-3 as described above, and with all in favor, the motion was approved. 4. Staff Reports a) District Attorney Mr. Urbancic said he and his staff were working on the documentation and working with the engineer to bring the requisition documents forward at the Board meeting on the 29th, so the requisitions could be approved and funded. b) District Engineer No report given. c) District Manager No report given. 5. Supervisor's Requests and Audience Comments. Mr. Ward called for supervisor comments. Mr. Truxton asked what was on the agenda for the meeting on the 29th and Mr. Ward responded it was the Public Hearing for the Assessments for the Issuance of the Bonds. He added Mr. Truxton, as Chairman, was required to be there, and following the meeting, there would be the closing. Mr. Ward said there were no members of the audience present. 2I ` Olt # I Flow Way Community Development District November 8, 2018 6. Adjournment The meeting was adjourned at 3:24 p.m. Motion was made by Mr. Truxton and seconded by Mr. Nirenberg to adjourn the meeting, and with all in favor, the motion was approved. 4%4, 24V(5A James,�P. Ward, SecretaryDavid Truxton, Chairperson P 3IPatle 16 • BatelB NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 2143647 FLow Way Special Ass Pub Dates October 21,2018 • 9,Y0-&a (Sign ture of affiant) /;;;;:........ KAAOLE KANGAS 1 Sworn to and subscribed before me CoNotartmmission onAGG 126041 This October 24,2018 4 '?a s?' My Comm.E�IrIsJi29 021 1 qn .. 1� '.,; Iaddt NaUdWlftyAm (Signature of affiant) RESOLUTION NO.2018-17 A RESOLUTION OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DE- VELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS;INDICATING THE LOCA- TION,NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHICH COST IS TO ' L� 4 { BE DEFRAYED N WHOLE OR IN PART BY THE SPECIAL ASSESSMENTS;PROVIDING J, THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYED 111 IN WHOLE OR N PART BY THE SPECIAL ASSESSMENTS;PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE;PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE;DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED;PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSMENT ROLL;PROVIDING FOR A PUBLIC HEAR- ING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS;PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION;PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDNG AN EFFECTIVE DATE WHEREAS.the Board of Supervisors of Flow Way Community Development District(the"Boad"1 hereby determines to undertake,install,plan,eeteblish,construct,reconstruct,enlarge or extend,equip, acquire,operate andor maintain certain public improvements described in that certain Flow Wry Com- munity Development District Master Engineer's Report prepared by Waldrop Engineering,Inc.end dated August,2013("Master Fnaineah Report"),as supplemented by that certain Flow Way Community De- velopment Dienct Phase 8 Engineers Report for the 2018 Project prepared by Waldrop Engineering,Inc. end dated August 2018("Suoglemenfal Engineer's Recce.).Both the Master Engineer'Report and the Supplemental Engineers Report are maintained on fib et the offices of the Distract Manager.JPWerd& Associates,LLC,2900 Northeast 12th Terrace,Suite 1.Oakland Park,FL 33334 CDietrinl Mlcfloer's OI- Sce)end at the offices of the District Attorney,Coleman,Yovenovich 3 Koester,PA,4001 Tamers Trail N.,Suite 300,Naples,FL 34103 and are incorporated herein by reference.The pubic improvements es- worked with Phase 8 Project,end which are more particularly described in the Supplemental Engineers Report.any hereinafter referred to as the"Improvements,and WHEREAS,Flow Wry Community Development District(the''District")is empowered by Chapter 190, the Uniform Community Development Distract Act of 1980(as amended),Chapter 170,Supplemental end Allemslrve Method of Meting Lout Municipal Improvements,and Chapter 197,Floids Statutes.to finance,fund.plan,establish,acquire,construct or reconstruct,enlarge or tend,equip,operate,end maintain the knpmvements and to impose,levy,and collect the Assessments(as defined below)and- WHEREAS,the Board finds that it is in the but interest of the District to pay all ore portion of the cot of the Improvements by imposing,levying,and collecting special assessments pursuant to Chapters 170, 190,and 197,FAnda Statutes(the"Assessments").and WHEREAS,the District hereby determines that benefrte will accrue to the property benefited by the Improvements,the amount of those benefits,and that the Assessments will be made in proportion to the benefits received as set forth in that certain Supplemental Special Assessment Report far Series 2018 Phase 7(Esplanade)and Phase 8 Bonds prepared by JPWard A Associates,LLC and dated September 3,2018(the"Assessment Report'1,a copy of which is maintained on file at the offices of the District Manager,JPWerd U Assacietee,LLC,2900 Northeast 12th Terrace,Suits 1,Oeldand Pair,FL 33334 end at the offices of the District Attorney,Coleman,Yovenovich A Koester,PA,4001 Tames.Trail N.,Suite 300,Naples,FL 34103,end which report is incorporated herein by reference;and WHEREAS,the District hereby determines that the Assessments to be levied will not exceed the ben- ..to the property benefited by the Improvements, NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FLOW WAY COM- MUNRY DEVELOPMENT DISTRICT THAT: S•Vtion 1. The foregoing recitals are hereby incorporated as the findings of the Board. Section 2. Assessments shall be levied to defray a portion of the cost of the Improvements. Section 3. The nature end general location of,end plane and epecifiutions for.the Improvements are deenbed in the Engineer's Report and maintained on fib at the offices of Coleman,Yovenovich& Koester,PA,4001 Temiami Trail N.,Suite 300,Naples,FL 34103 and the District Managers Office. Section 4. The total estimated cost of the Improvements is approximately$d]69 000 00(the"ESIE meted Cot"I. Section 6. The Assessments we defray approximately$0 800 000 22 in bonded indebtedeese which includes without limitation,the Estimated Cost,plus financing related costs,capitalized inter- ,a debt service reserve and contingency. Section 6. The manner In which the Assessments shall be apportioned and pad is sat forth in the Assessment Report(which report is incorporated herein by reference),including provisions to supplement assessment resolutions.The Assessment Report is also avaiable on fib at the offices of Coleman,Yovenovich&Koester,PA,4001 Temiami Trail N.,Suite 300,Naples,FL 34103 end the Distract Manager's Office. Notion 7. The Aameaments shall be bad in accordance nth the Assessment Report on a1 lots and lends constituting the portion of Phase 8,within the District,being assessed("Phase a Aaseaseg Land:),which are adjoining and contiguous or bounding and abutting upon the Improvements or spe- cwly benefited(hereby and further designated by the assessment plat hereinafter prodded for. Section 8. Them is an file in the offices of Coleman,Yovenovich 6 Koester,PA,4001 Temiami Trail N.,Suite 300,Naples,FL 30103 and the District Manager's Office,an assessment plot showing the Phase 8 Assessed Land with the plans end specifications describing the Improvements and the Estimated Cost,all of which shd be open to inspection by the public. Section 0. The District Manager has caused to be made a preiminay assessment roll,in eccon dance with the method of assessment described in the Assessment Report,which shows the lots end lands assessed within the Phase 8 Assessed Lend,the amount of benefit to and the Assessment against each lot or parcel of lend and the number of annual instalments into which such Assessment may be divided which ie hereby adopted and approved as the District's preliminary assessment rot. Section 10. Commencing with the year in which Me Assessments are certified for collection end subsequent to any cepilehzed interest period,the Assessments shall be paid in not more then(30) thirty yearly instalments.which instalments shall include principal and interest as cekulated in ac- cordance with the Assessment Repo,.The Assessments shall be payable at the same time and in Me same manner as are advalorem taxes and collected pursuant to Chapter 197,Florida Statutes, provided,however,that in the event the uniform non ad-valorem assessment method of collecting the Assessments is not available to the DieMct in any year,or the District otherwise determines not touts lea the provisions of Chapter 197,Florida Statutes,the Assessments may be collected as is otherwise permitted by law. Section 11. The Board shall adopt a subsequent resolution to fix a time and pleas at which the owners of property to be assessed or any other persons interested therein may appear before the Boeni and be head as to the propriety and advisability of the Assessments or the making of the Im- provements,the coat thereof,the manner of payment therefore,or the amount thereof to be assessed against each property as improved,and to authorize such notice and publications of sane as may be required by Chapter I/O.Florida Statutes,or other applicable law. Section 12. The District Meneger is hereby directed to cause this resolution to be published twice (once a week for two(2)weeks)in a newspaper of general circulation within Collier County and to provide mailed notices to the owners of the property subject to the proposed Asusamente and such other notice as may lea required by law or deemed in the beat interest of the Distncl. Section 13. I any one of the covenants,agreements or provisons herein contained shell be held contrary to any express provision of law or contract to the policy of expreas law,but not expressly prohibited or against public policy,or shall for any reason whatsoever be held invalid,then such cov- nants.agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants,agreements or provbons and Mall in no way effect the validity of the other provisions hereof. Section 10. Al reeok,tons or parts thereof in conflict herewith are,to the extant of such conflict, superseded and repealed. Section 15. This Resolution lid become effective upon its adoption. PASSED AND ADOPTED this 18^day of September,2018. FLoe War cossuan osutowarr oared Br:Jere,P.Waa,Cancel Mwraae Reports Incorporated By Reference: Master Engineer's Repot prepared by Waldrop Engineering,Inc.and dated August.2013,as eupple- msnted by that certain Flow Way Community Development Distract Phase 6 A 7 Engineer's Report Mr the 2017 Project prepared by Waldrop Engineering,Inc.and dated October 2017 Special Assessment Report for Flow Way Community Development District,Series 2017-Phase 6 Capita Improvement Program prepared by JPWad U Associates,LLC and dated October 25,2017 ) { 0010be121,2018 ND-2143647 ❑PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:FLOW WAY COMMUNITY DEV.PROOF CREATED AT:10/19/2018 8:59 AM SALES PERSON: [Yonne Gosi PROOF DUE:- NEXT RUN DATE:10/21/18 PUBLICATION:ND-DAILY SIZE:3 col X 18.75 in ND-2143647.INDD 26D I SUNDAY,OCTOBER 21,2018 I NAPLES DAILY NEWS RESOLUTION NO,2018-17 A RESOLUTION OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DE- IAS Harry and Meghan TIE,NAATURE IND E TI TLEA D COST EF HO E IMPRAVAS ETSMI WHICNHG PROVIDING bring rain to INNEWHOLEI ON OR ION F PART BYTHEI THE SPECIAL ASSESSMENTTS;ATED COST OF THEEFRAYED PROVIDING TOMENTS BTHE E EMANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE;PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE;DESIGNATING(ANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED;PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A PRELAIINARY ASSESSMENT ROLL;PROVIDING FOR A PUBLIC HEAR- drought-stricken THE ELATED IIMPROVEMENTS, AND PROPRIETY OF PROVIDING FOR NNO C SAID ASSESSMENTS E OF SAID PUBLIC HEARIND G; PROVIDING FOR PUBLICATION OF THIS RESOLUTION;PROVIDING FOR CONFLICTS; Outback town PROVIDING FOR d of Supervisor AND PROVIDING m EFFECTIVE DATE. WHEREAS,the Board of Supervisors of Flow Way Community Development District(title'BoW"I WHEREAS, determines to undertake,instal,plan,establish•construct,reconstruct,enlarge or extend,equip, acquire,operate and/or maintain certain public improvements described in that certain Flow Way Com- munity Development District Master Engineer's Report prepared by Waldrop Engineering.Inc.and dated Kirsty W lgglesworth and Rod McGuirk the economic and environmental Iay- August,2013("Master EnArteer's Report"),as supplemented by that certain Flow Way Community De- ASSOCIATED PRESS ages of the extended dry spell. velopment District Phase 8 Engineer's Report for the 2018 Project jec prepared by Waldrop Engineering,Inc. Drought conditions in New South and dated August 20181"Suaolemental Fnaineer's Report.).Both the Master Engineer's Report and the plemental Engineers Report are maintained on file et the offices of the District Manager,JPWard DUBBO,Australia-The Duke and Wales state this year have been the most Sup Associates.LLC,2900 Northeast 12th Terrace,Suite 1,Oakland Park,FL 33334("District Manaaer's Of- Duchess of Sussex were jokingly widespread Since 1965. GS and at the offices of the Disoct Attorney.Coleman,Yovanovich&Koester,PA,4001 Temiam;Trail thanked for bringing England's notori- Meghan held an umbrella over Harry N.,Suite 300,Naples,FL 34103 and are Incorporated herein by reference.The public improvements as- ously inclement weather to a drought- as he gave a speech,acknowledging the sociated with Phase 8 Project,and which are more particularly described in the Supplemental Engineer's stricken Outback town on Wednesday hardships the drought brought totheru- Report,are hereinafter referred toes the improvements";and in arain-drenched visit to Dubbo during rat community and urging drought vic- WHEREAS,Flow Way Community Development District(the"District")is empowered by Chapter 190, their Australian royal tour. tims not to suffer in silence. the Uniform Community Development District Act of 1980(as amended),Chapter 170,Supplemental The former Meghan Markle brought The crowd applauded when Harry and Alternative Method of Making Local Municipal Improvements,and Chapter 197,Florida Statutes,to finance,fthe I plan,estents end ose,ley,or reconstruct•enlargs or extend,equip,operate,and banana bread that she baked in Sydney touched on his own mental health maintain the Improvements end to Impose,lery,and collect the Assessments(as tlefined bebw(;and- on Tuesday as a gift to a fanning family struggles following the death of his WHEREAS,the Board finds that it Is In the best interest of the District to pay all ore portion of the cost of outside Dubbo who were struggling to mother,Princess Diana,in a car crash in the Improvements by imposing,levying,and collecting special assessments pursuant to Chapters 170, feed their cattle and sheep through two a Paris tunnel in 1997.He was 12 at the 190,end 197,Florida Statutes(the"Assessments");and years of below-average rain. time. WHEREAS,the District hereby determines that benefits will accrue to the property benefited by the "When she heard she was coming to a Harry,now 34,revealed in an inter- Improvements,the amount of those benefits,and that the Assessments will be made in proportion to the family home,she had to bring benefits received as set forth in that certain Supplemental Special Assessment Report for Series 2018 y ring a plate,so View last year that he did not Seek COUrI- Phase 7(Esplanade)and Phase 8 Bonds prepared by JPWard&Associates,LLC and dated September it was lovely,"fanner Elaine Woodley seling until he was in his late 20s. 3.2018(the"Aesessment Report"(,a copy of which is maintained on free at the offices of the District said,referring to a dish to be shared. "You are all in this together and,if I Manager,JPWard&Associates,LLC,2900 Northeast 12th Terrace,Suite 1,Oakland Park,FL 33334 and The pregnant American former ac- may speak personally,we are all in this at the offices of the District Attorney,Coleman,Yovanovich&Koester,P.A.,4001 Tamiami Trail N.,Suite tress and her husband,Prince Harry,got together,"Harry said."Because asking 300,Naples,FL 34103,and which report Is Incorporated herein by reference;and their hands dirty throwing cotton seed for help was one of the best decisions WHEREAS,the District hereby determines that the Assessments to be sued Al not exceed the ben- onto hay used to feed the cows because that I ever made.You will be continually eIM to the property benefited by the Improvements. Of a lack Of pasture. amazed how life changes for the better." NOW,THEREFORE,BE 1T RESOLVED BY THE BOARD OF SUPERVISORS OF FLOW WAY COM- Hea rain started fallingwhen the DroughtMUN Section n The DEVELOPMENT foregoing TFreh. Heavy relief charity Drought An- s«tion 1. The foregoing recitals are hereby incorporated as the findings of the Board. royal couple arrived later at a Dubbo gels director Natasha Johnston corn- section 2. Assessments shall be levied to defray a portion of the cost of the Improvements. park for a community picnic,but thou- mended the couple for their empathy. Section 3. The nature end general location of,and plans and specifications for,the Improvements sands of cheering well-wishers re- "To have them recognize that our are described in the Engineer's Report and maintaned on file at the offices of Coleman,Yovanovich& mained enthusiastic. farmers are hurting,and show up here, Koester,PA,4001 Tamiami Trail N.,Suite 300,Naples,FL 34103 and the District Managers Office. "As your royal highnesses are aware, it's an honor,"Johnston said. Section a The total estimated cost of the Improvements is approximately 34 76e oao 09ttne"Esti- our region has been hit bya terrible Harryhoard cost% egi and Meghan are on a 16-day Section 5. The Assessments will defray approximately 67 800 icing .00 In bonded indebtedness drought,"Mayor Ben Shields told the tour of Australia,Fiji,Tonga and New which includes,without limitation,the Estimated Cost,plus financing related costs,capitalized inter- drenched crowd draped with water- Zealand. est,a debt service reserve and contingency. proof ponchos and holding umbrellas, The main focus of the tour is the In- Section 6. The manner in which the Assessments shall be apportioned and paid Is set forth in who erupted in laughter. vicaus Gaines,which start in Sydney on the Assessment Report(which report is incorporated herein by reference),Including provisions for "So we're very pleased that you can Saturday.The sporting event,founded supplemental assessment resolutions.The Assessment Report is also available on file at the offices bring some of that English weather with by Harry in 2014,gives sick and injured ci Coleman,Yovarovich&Koester,P.A.,4001 Tamiami Trail N.,Suite 300,Naples,FL 34103 and the DisMlo Managers Ossss you today,and hopefully it will bring military personnel and veterans the op- section r. The Aasesemenn shall be levied in accordance with the Assessment Report on all lots some relief to the farming families," portunity to compete in sports such as and lands constituting the portion of Phase 8,within the District,being assessed("Phase 8 Asaeylyd Shields added. wheelchair basketball. LAIC,which are adjoining and contiguous or bounding and abutting upon the Improvements or spa- While rain in recent weeks has been McGuirk felarr ted from Canberra, daily benefited thereby and further designated by the assessment plat hereinafter provided for. welcome,much more is needed to repair Australia Section 8. There is on file in the offices of Coleman.Yovanovich&Koester,P.A.,4001 Tamiami Trail N.,Suite 300.Naples.FL 34103 and the District Manager's Office,an assessment plat showing the Phase 8 Assessed Land,with the plans and specifications describing the Improvements end the Estimated Cost,all of which shall be open to inspection by the pubic. LOCATED IN NEAPOLITAN SHOPPING CECTLR Section 9. The District Manager has caused to be made a preliminary assessment roll,in accor- dance with the method of assessment described in the Assessment Report,which shows the lots r I' �/r�I and lands assessed within the Phase 8 Assessed Land,the amount of benefit to and the Assessment M\Ylt�` l I�iage rest loch ld,w cams ofa laneby and tee and ap rofo ands he Di men's into which a ss s ssentment (,,,,/�ilj may be each lot which is hereby adoptedhe end approved as the Dlments preliminary assessment roll. �t`�YINII Section 10. Commencing with the year in which the Assessments are certified for collection end subsequent to any capitalized interest period,the Assessments shall be paid in not more than(3o) L — thirty yearly installments,which installments shel include principal and interest as calculated in etc- ' .•-aMEMBVILIMMII _ V /J cordence with the Assessment Report.The Assessments shall be payable at the same time and in — the same e ad-valorem taxes and collected pursuant to Chapter 197,Florida Statutes; provided,however,that in the event the uniform non ad-valorem assessment method of collecting the ,i t• tO J,�J LLUV Assessments is not available to the DisMct in any year,or the listed othervnae determines not to uti- V ED line the provisions of Chapter 197,Florida Statutes.the Assessments maybe colecte mas is otherwise • �� ' Perm by law. Sectionitted 11. The Board shall adopt a subsequent resolution to fix a lime and place at which the l oneers of property to be assessed or any other persons interested therein may appear before the tat n / Board and,the c to the n and advisabilityh r the Assessments or the making of the ed lQ.(/MjVL/ n Im- provements,the cost thereof,the manner of payment therefore,or the amount thereof to be assessed 0 0(i/((// . against each property as improved;and to au ho re such notice and publications same as may be required by Chapter 170,Florida Statutes,or other applicable law. _ T• Section 12. The District Manager is hereby directed to cause this resolution to be pubs abed twice AI f.l�A`r• a 1,I (once a week mailedf notices ea to the ow)in a ners of thepa�of genberatcc lion within Collier County and to i`.,, r'1/V 1 V>� provideproperty subject proposed Assessments and such • • • Scollop,: other nonce as may be required by law or deemed n the best Interest of the District. Maki—MSkL Section 13. If any one of the covenants agreements or provisions herein contained shall be held �� , S. SArim Ckowder contraryto anypolicy ofexpress presely �� peer•Wkote 9ELL pt express public p ton of ls f r any re to the c e law d,t not u y CLgrrols•0 en n'ts,a re age restrro corny,or shall for any reason whatsoever be held invalid,then such cov- $girklpN •Mu55eLS a C:r 4et •)SFC 4b enants,agreements or provisions shall be nuA and void and shall be deemed separable from the Lobeiii .New per•Kit Cr remaining covenants agreements or provisions and shall In no way effect the validity of the other �•/q :\ \ Y'rk Strip.FiteF.p� 5a0tweshereof ,l\ <-ilickeH ••Fruit ROr irk CItop3 section 16 Al resolutions or parts thereof in conflict herewith are,to the extent of such conflict, )., ofo superseded and repealed. Section 15. This Resolution shall become effective upon Its adoption. r PASSED AND ADOPTED this 18"day of September,2018. a.,.,.,"• Row WAY cowman IWVFLOPMENIoeelCT ' ` — — ie r • BY:JAMES P.WARo,DISTRICT MANASER ViI /1 •a in-1 Reports Incorporated By Reference: r `_ Master Engineer's Report prepared by Waldrop Engineering,Inc.end dated August,2013,as supple- mented by that certain Flow Way Community Development District Phase 6&7 Engineers Report for the _ ''j's 2017 Protect prepared by Waldrop Engineering Inc.and dated October 2017 1,ti '*4• Special Assessment Report for Flow Way Community Development District,Send 2017-Phase 6 j Y r party r r Capital Improvement Program prepared by JPWard&Assoc ate LLC and dated October 25,2017 ' y 1 a beverage. , ` A`,a, hv iP...- J ONLY ONLY J I. $18Anything Sri Any 2 for $49 -_ --f , Off the Menu* Grouper I Choose two entrees Featuring..- Entrée with sides and i Salmon,Mahi Mahi, a salad,plus a r ' Pastas,Grouper,Jumbo in the — bottle of wine! l i Shrimp,New York Strip House 4E5 r` _ _ and more. -- L� S el "Lemurs MARXET"RICE REM. PURCHASE OF A BEVERAGE REQUIRED. I Y —•--A-- RI VISE OF ADEVERAGE REQUIRED. 1 AVAILABLE Pe 10 cross �a -sue.. VAfiviAuf EN TO UBE. AMIABLE IPMTO CIORE. f it Offers avoaoble nor rime m only. • (4665)I _.. .. • i. IOctober 21,2018 ND-2143647 16It MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Flow Way Community Development District for Wednesday, November 29, 2017, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: David Truxton Chairman Anthony Burdett Vice Chairman Chris Nirenberg Assistant Secretary Absent were: Steve Reiter Assistant Secretary Adam Painter Assistant Secretary Also Present were: James Ward District Manager Greg Urbancic District Counsel David Willems District Engineer Misty Taylor Bond Counsel Scott Schuble US Bank Trustee Audience: Drew Miller Taylor Morrison 1. Call to Order & Roll Call Mr. Ward called the meeting to order at 3:13 p.m., and roll call determined that all members of the Board were present with the exception of Supervisors Painter and Reiter. 2. Approval of the Minutes of the September 5, 2017, October 17, 2017, October 25, 2017, November 8, 2017 Meetings 1 16I 1 Flow Way Community Development District November 29, 2017 Mr. Ward stated the next item on the agenda was the approval of four sets of minutes. He called for any additions corrections of deletions to these minutes. Hearing none, he called for a motion to approve all. 1Motion was made by Mr. Burdett and seconded by Mr. Truxton to approve the minutes of the meetings of September 5, 2017, October 17, 2017, October 25, 2017, November 8, 2017, and with all in favor, the motion was approved. 3. Public Hearing Mr. Ward explained this item was a Public Hearing to consider Resolution 2018- 4, which is the final resolution adopting the special assessments for the Phase 6 2017 Bonds. He said the first part of the Public Hearing was to have public comment or testimony. He called for a motion to open the Public Hearing. Motion was made by Mr. Truxton and seconded by Mr. Burdett to open the Public Hearing, and with all in favor, the motion was approved. Mr. Ward stated there were no members of the public present in person nor had he received any written comment or testimony with respect to the imposition of the assessments. He then called for a motion to close the Public Hearing. Motion was made by Mr. Truxton and seconded by Mr. Nirenberg to close the Public Hearing, and with all in favor, the motion was approved. Mr. Ward called for Board comment concerning Resolution 2018-4. Hearing none, he said the final action was to consider Resolution 2018-4, which authorized the District projects; equalized, approved, confirmed and levied the special assessments relative to the Series 2017 Phase 6 and 7 Bonds. He said if there were no questions, the Resolution was in order. Motion was made by Mr. Burdett and seconded by Mr. Nirenberg to adopt Resolution 2018-4, and with all in favor, the motion was approved. 4. Consideration of Resolution 2018-5 Mr. Ward stated this resolution supplemented Resolution 2018-4. He said the Board had just adopted the engineers report and the preliminary special assessment methodology that was done for Phase 6 and 7 related to the 2017 bonds. He added this particular resolution did nothing more that finalize the special assessments only related to the Phase 6 area based upon the actual terms and conditions at which Mr. 2 , 61 1 Flow Way Community Development District November 29, 201 Kessler (ph) had been able to settle the bonds. He said this resolution basically adopted the final special assessment resolution. He called for questions. Mr. Ward was asked if Resolution 2018-4 was the original engineer's report. Mr. Ward responded affirmatively and said Resolution 2018-5 did not change the engineer's report; it just updated the methodology to the final numbers.otion was made by Mr. Truxton and seconded by Mr. Nirenberg to adopt Resolution 2018-5, and with all in favor, the motion was approved. G 5. Consideration of Resolution 2018-6 Mr. Urbancic said essentially he wanted to delegate the Chair or the Vice Chair, in the Chair's absence, the authority to execute certain documents primarily in relationship to the closing costs. He said as part of the closing, the District entered into an acquisition agreement where they buy public improvements from the developer that were part of the project, and certain documents needed to be executed. He said this resolution would provide the Chair or the Vice Chair the authority to execute those types of documents. Hearing no questions, Mr. Ward called for a motion. Motion was made by Mr. Burdett and seconded by Mr. Nirenberg to adopt 1 ,Resolution 2018-6, and with all in favor, the motion was approved. 6. Staff Reports a) District Attorney Mr. Urbancic reported the staff had been working on a requisition that would follow in line with the bond issuance. He said they had also been working closely with the engineer to get all the documents prepared to complete the conveyance. He said that would be for an amount slightly in excess of the construction fund. b) District Engineer— No report. c) District Manager— No report. 3i 16 1 1 Flow Way Community Development District November 29, 2017 5. Supervisor's Requests and Audience Comments There were no supervisors' requests or audience present. 6. Adjournment Motion was made by Mr. Truxton and seconded by Mr. Nirenberg to adjourn the meeting, and with all in favor, was approved. The meeting was adjourned at 3:20 p.m. Flow Way Community Development Distri "Ge/afe/ .5)0(d.--- James . Ward, Secretary kJ aChairman 4II' agL' 1611 ? apLrø rs Datill NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County.Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 1816347 Notice of Public Hea Pub Dates November 15,2017 November 22,2017 • (Sign ture of affiant KAROLEKANGAS I n Notary Pudk-State ofFlorida Sworn to and subscribed before me comnbslontGGu o4I This November 22,2017 `.?a«'7 My Comm.Expires lul 29•2021 amdwiNoaphwtloniwounAan ant4 ArYler0 (Signature of affiant) 16A I WEDNESDAY,NOVEMBER 22,2017 I NAPLES DAILY NEWS Conyers confirms FLOW WAY COMMUNITY DEVELOPMENT DISTRICT NOOCE OF PUBLIC HEARING RELATING TO PUBLIC IMPROVEMENTS AND ■ 6 k LEVY OF NON AG VALOREM SPECIAL ASSESSMENTS AND PUBLIC MEETING ale harassment settlement nNo.Boa. 2Supervisor,of ee MO p.m, .an e .,Yoryow VenconductaA,4001 ens.g°n .,S 300, b 2a 2 ] m of C lame m District Venda 4uN hoe rry TnI•regular auit Naples.Florida 34103,at nw Rum.i ifda P m imposition of s...seurneed to fine. CoreySSO WilliamsATED . aWry nd Community Development ame certain public improvers.of e Flow CommunityRepo C lo Diet. re W Tee al describedrop E i 9 Inc. %ntl dated October,2017(the E R I. Sap' i N considerM II M m collection d i the T.District Improvements benefiting wiein DETROIT—John Conyers has dealt _ enne m.'o rinex•p.rwDm.r .ear.ea including, lscap g.enviimited to. ronmental megaton arw morwonnv,onna n-ne with various ethics investigations and a r . _ improvements,and o e prat infrastructure improvements. public corruption case that landed his The public hoeing will be cond..pursue„ %en to Chapter.ITo and 1d 197.Fonda Nadu..D.w .M°P .ere.s within the wife in prison during a U.S.House ca- '� oia'e,lee shown below)lea be armoury A description o,the property to be ann..nature of the improvement.propos. (as cuter e.mma Engineer,Report)and the amount m w..•aced to e..h piece rent al r of property maybe olaa0ad at the reer spanning more than five decades— once.of, e.N District Man IPA.A Aeeoa.w,uo.2000 Northeast, Tem.,SUN 1.0.1.Para,Florida 03334, longer than any other current member. - Pmsn•reso 53e4900. Allegations that the 88-year-old 1� l......111t EN.• me o,el2,thtn..to impose aue.amant on the Nen.ln.a prow.whin M.Direct in the manner as toms in the Special Michigan Democrat sexually harassed Assessment,thMethod.,for Flow Waycommunin Development Dipnc,p.p«ea by...9a 3Associates,LLD°nd Bata 0cmber 21,2017,mr.e Phase°ere a neon of thanes.79.s.-m1,t R0pertb,which is amiable to the ouam et the add..provided female staffmembers may be the tough- Leaders of the House Ethics wove.Th•An.erant Ryon mjttyale property wi.r.the D'etna on.coo elooaon method est opponent yet for the party's top Committee announced Tuesdaythat bale upon platted parcel type are the scheduleo means assessments The prop.in he blare will boas...In M�"' arc $7243,000.00. m .assessments a Anne n,Report The total amount M be levy member on the House Judiciary Corn- the panel had begun an investigation benefited property rani,the Dar- OW.Da.emus end= toilette p for ewe mittee• Into Rep.John Conyers,D-Mich.,after °,n.7:tpun°na Me.n°ua .r,;i�o,.mew.•n,.,hlr.�rb.urea.e�riwha.i..o7,.�,,.amB,c..;,marb.padth mmrover. .pot Dist,.m.00•4 .admnva,ysesiwi:.dint«.,accordncewi.Fluomew.incl°.ngeebtmnnpted Leaders of the House Ethics Commit- receiving allegations of sexual tothe the uoeeresmt.softhDist.Carreto.tocot.tte esse.e...m Thsinxcbme cress the rop.dudingba not ca.. °thetarea theleaofthe.,.r,l,f Phase 7., round re re.Tna tend below PasantINoropnsed The erof.ore tee bannouncedanti Tuesdaythatthenanel harassmentLEXANDOand age discrimination. b.cttoealypaymsanda7omm�ad.by amount aew.nosnav a,a.uq.nmm.ng•om.neallo-me e,pumt«. had begunanlnvestigation into Conyers ALE%BRANDON/AP •blectmesM payment tlix=un;ueawedbyeta undo,cglbcbon law. after receiving allegations of sexual ha- Pay N.. Total Ens..Annual rassment and age discrimination in- Tyne el Urns A...eam. A.asnea 52•Lot s4T,s6,.7 m ssso5.ls volving staff members as well as using bons of which he was unaware of and NI Let %e,939.:0 ts,OTs.se "official resources for impermissible denied." 75'Lot 25 S50,043.39 S6.820.39 personal purposes." "In this case,I expressly and vehe- Multi-Cede-Esplanade so SM.,. I2,8e4.58 Conyers said he would fully cooper- mently denied the allegations made Mue.F«..q-ve oso 2 328,210.20 52,010.33 ate. against me,and continue to do so,"Con- Act.eeo.d property owner,and int«.fed poisons hen the right to eppeer at the public hearing and the right to file written News website BuzzFeed reported yens said later Tuesday in his statement obi922419 ryh the 0smct within twenty uol days of tn•Animation of this none.Any sum wring,objections she.be filed with Monde night Conyers'officethe District,Mane.et MO Nonhent 12th rents,sums t.Oakland Pa.Florida 33334. y gt ye paida about the settlement. "My office re- womanmore than$27,000 under acon- solved the allegations—with an ex- This Bow meeting is open to the public andwill b.conducted m.ccorlaree with the provisions of Me Florida Law er Community fidentiality agreement to settle a corn- press denial of liability—in order to o.wopm.m Oise..Teti.Bow mooting may.continuedm.aet..na reme certain whim m.v b•announced at m.00l 72 plaint in 2015that she was fired from his save all involved from the rigors of pm- Aar Per,°,ratan'...ial aaomppd.ona m oaeic,Pat M Mt nearing area m.7.r0 is eked t....it IN p.n.or5t..t Washington staff because she rejected traded litigation." pi, .-4000 at leas.nveo.Nnes days prim to the..;rig end meeting.ny°uwe heenrry or speech impend,pl.xet°ntactthe Ronda Raley Service at 1.30005.770,for ad in contacting...Mot Office. his sexual advances. Since Conyers arrived in Congress in BuzzFeed also published affidavits 1965,he has easily won re-election bids. ."°r• .' wham .o,too «d 1.pang a ax Neer plea Y *ArY9 de.o.of and shou09cordinly•human..aver t hof the o,..m)79.).made. whr.nwides the twat BuzzFeed from former staff members who said In 2006,the House Ethics Committee end awnsdmuponwhich a accordingly to.asel public record to me proCeedmve to ad..wrom.homes me,aaem°rev aromas,:.^wnwh'rm.um.pt.a i.m5ebean m.p.blic hearing may w=on,mwd,o.do.and......o than lea be they had witnessed Conyers touching closed an investigation after three for- a,nouncw.,tea.n. female staffers inappropriately—rub- mer aides said Conyers used them as Flow wavc4mm,nity0•velop,7.0 D',,, bing their legs and backs—or request- baby sitters and personal servants while Jam.P.Wan Di1Nct M.002., ing sexual favors.One former staffer they were supposed to be working in his 1 said one of her duties was"to keep a list Michigan offices.The aides also said y j l® m of women that l assumed he was having Conyers had them pay restaurant and I y affairs with and call them at his request motel bills.Conyers agreed to clarify ,I l " and,if necessary,have them flown in work rules with his staff to ensure his Bourvo°Rr using congressional resources." office was in compliance with ethics When questioned at his home Tues- regulations. L day morning by The Associated Press, He emerged unscathed after his wife, \ Conyers denied settling any harassment Monica Conyers,pleaded guilty in 2009 I complaint and other allegations of inap- to conspiracy to commit bribery as a r ar propriate touching of staffers.The re- member of the Detroit City Council.She porter repeated to Conyers the claims admitted to taking bribes in exchange }y�lJ e made in the BuzzFeed report. for her vote on a$47 million sludge ..w..rq. Conyers'office said in a statement hauling contract.She entered prison in - 1(1.1 .➢ j that he was under the impression the AP 2010 and was released to a Detroit half- FLOW WAY CDD reporter was speaking of"recent allege- way house in January in 2012. November is 322,2017 6o-1818347 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE(S) Notice is hereby given that the Collier Canard...el County Commission.,wi0 hold a Rubl'eneanng on December Notice is hereby given that the Collor County Board of County CommiealonM will hoklsPublic 13,2017 commencing et 9:p0 e.m,.in me Board or county Dommr.r°ners memos.Third Floor.collier County Hearing on December 12,2017 commencing at 9:00 a.m.,In the Board of County Commissioners Government Contr.3299 E.Tarn anti r:ed.Nip)...FL Chamber,Third Flow,Collier County Government Center.3299 E.Tamiaml Trail,Naples,FL The purpose of the hearing is to con,iear: The purpose of the hearing Is to consider: AN ORDINANCE MENDING ORDINATE NO..-0G AS AMENDED.THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY.FLORIDA.SPECIFICALLY A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING MENDING THE FUTURE LAND USE ELEMENT TO REVISE THE VANDERBILT BEACH/COLLIER BOULEVARD AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, COMMERCIAL SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO ADD THE PREVIOUSLY REQUESTED 150.000 TO S0 ADDLAND50.000 SQUARE FEET OF GROSS LEASABLE FLOOR AREA TO THE EXISTING 200.000 SQUARE USE ELEMENT AND MAP SERIES TO REMOVE THE GOODLETTE/PINE RIDGE FF.r.T OP COMMERCIAL LAND USES AND TPF PREVIOUSLY REQUESTED NOR.SF OF COMMBRCIAL I.ANO COMMERCIAL INFILL SUBDISTRICT FROM THE URBAN COMMERCIAL DISTRICT USES FOR A TOTAL OF 400.000 SQUARE FLIT OF GROSS LEASABLE FLOOR AREA OF COMMERCIAL LAND USES:TO REMOVE A DEVELOPMENT RESTRICTION RELATED TO TRANSPORTATIO00dsrACTS:TO AMEND AND70 ADD THE GOTRICT,TWINE RIDGE MIXED-USE SUBDISTRESIDEN THE AND REORDER THE TEXT:AND PROVIDIG FOR TRANSMITTAL OF THE ADOPTED AMENDMENTS m THE URBAN MIXED-USE DISTRICT,TO ALLOW LIP TO375MEET1-FANCILY RESIDENTIAL FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY:PROVIDING FOR SETERABILITY:PROVIDING FOR RENTAL DWELLING UNITS AND 275,000 SQUARE FEET OF GROSS LEASABLE N EFFECTIVE DATE.THE SUMEC'T SUBDISTRICT IS 47.94A ACR9..N AND LOCATED ON THE NORTH SIDE. Q VANDERBILT BEACH ROEADAND APPROXIMATELY V.MILE WEST OF COLLIER BOULEVARD IN SECTION Si. COMMERCIAL DEVELOPMENT. AND FURTHERMORE RECOMMENDING TOWNSHIP.SOUTH.RANGE IO EAST.COLLIER COUNTY.FLORIDA IPL101.+001167I TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF AN A ECONOMIC OPPORTUNITY.THE SUBJECT PROPERTY IS 31 ACRES AND LOCATED AMENDING ORDINANCE NO.2 O.A19.THE C'AROLINNA VII.IAC.r�PLANNED LIAR DEVELOPMENT BY Y. CHANGING.THE QUADRANT DRANT OF PINE RIDGE ROAD AND GOODLETTE-FRANK AT THE NORTHEAST LA NAME OF THE PLANNED UNIT DEVELOPMEPA TO VNDERBILT COMMONS PUS:BY ADDING 50.000 SQUARE ROAD IN SECTION 10,'I'OWNSHIP 49 SOUTH,RANGE 25 EAST COLLIER COUNTY, FEET OF GROSS LEASABLE AREA FORA TOTAL OF 200.000 SQUARE FEET OF GROSS LEASABLE AREA FOR FLORIDA.IPL20160002360I cosi:H :1AL USES:BY DECREASING THE MAXIMUM NUMBER OF DSELLNG UNITS FROM 04 TO 53 DWELLING UNITS:BY REVISING 5NELEGALDESCIU 3ON VP600Ut CING THE AC.REAGEOF THEM,/FROM ' 15.3E ACRES TO 1449 ACRES:AND PROVIDING AN EFFECTIVE DATE.THE.Sl RIEC'T PROPERTY.CONSISTING C OF ISMH ACRES.IS LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY 1/4 MILE EAST OF COLLIER BOULEVARD IN SECTION 3A TOWNSHIP Id SOUTH.RAGE re EAST.COLLIER PROJECT C OO COUNTY.FLORIDA MUDMPL2 013 0 0 011.I LOCATION k rr,, ♦ rjn PROJECT Immokalee RD c� " 6 LOCATION > SEAGATE DR m PINE RIDGE RD t 1-75 O I CJ Vanderbilt Beach RD e+' m All Interested parties are invited to appear and be heard.Copies of the proposed RESOLUTION will Golden Gate BLVD W P° g1 1. g be made available for insped'wn at the GMD Department,Zoning Division,Comprehensive Planning :E Section,2800 N.Horseshoe Dr.,Naples,between the hours of 8:00 A.M.and 5:00 P.M„Monday 3 through Friday.Furthermore,the materials will be made available for inspection at the Collier County Pine Ridge RD ,,,, Clerk's Office,Fourth Floor,Collier County Government Center,3299 East Tamiaml Trail,Suite 401, Y Y Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Comprehensive Planning Section of the GMD Department,Zoning DNIsIon.Written AI interested panva are invh.to appear and be....Copies of m.proposed ORDINANCEI.)el be made av 1.s comments filed with the Clerk to the Board's Office prior to December 12,2017 will be read and inspectionfor at the DAD Department,Zoning Division.Comprehanan Planning Sec 4,42800 N.Horseshoe Dr..Naples. considered at the public hearing. between the noun of S:OO AM.and s:00 P.M.,Mondry M through Friday,FUarmere,the madonna will made me ay . for inspe,fion at the Collier County Ger.OM.,Fourth Hem,Collier County Government Center,3299 East Tamer;Trek Suite 401,N.Wes,one week prior to the scheduled nearing.Any queryn...en g tome documents should be directed If a person decides to appeal any decision made by the Collier hearing, Board of County Commissioners Me Comprehans.Planning Section of ee GAO Dwartmn,Zoning DiN«en,Written comment filed with ma Clerk to with rasped to any matter considered at such meeting or hearing,he will need a record of that the BOW.Office prim to D•P.mbsr 12,2017 inn be rasa and t°,«%.rod at ue public nearing. proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings r a prop,decides to appeal any decision made by the Collier County Board of county Commae,onerc win respect to is made,which record Includes the testimony and evidence upon which the appeal is to be based. any mane considered at such meet,or hearing..will need a record of met proceeding,and for such purpose he may need to ensure that a verbatim record el the proceedings is made,which record Includes the MEmony.nd evidence upon whtcn m some/ m be bead. If you area parson with a disability who needs any accommodation In order to participate In this a proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact If you are a person won,a disability Mt reads a-y accommodation in order to Partmipa.in this proceetling,you.re the Collier County Facilities Management Division,located at 3335 Temiami Trail East,Suite 101. entitled,at no cost to you,to the pr°v'ieom of certain entente.Neese contact.,Collier C.a.Facilities Management Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Division,lo meeting. at 3335 Tarry.Trail East,Suite 101,Naples,FL 34112-5356,(238)252-400-83B0,at least two den prior g.Assisted listening m the eeting.aesieted listening oeelces for the hearing impaired are available in the Board or co",commtseon«s devices for the hearing impaired are available in the Board of County Commissioners Office. office. BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS COLUER COUNTY,FLORIDA COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN PENNY TAYLOR,CHAIRMAN DWIGHT E.BROCK,CLERK By Means Vetowe.Deputy Clerk DWIGHT E.BROCK,CLERK (SEAL) By: Martha Vergers,Deputy Clerk November 22.2017 80-1826089 Novamber22,2017 ND-1825514 1611 , ?'apLrø aiLBattu !:ArittS NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 1816365 Resolution 2018-1 Pub Dates November 22,2017 • / thL& CZ�1 (Sign ture of affiant) ;: KAROL EKANGAS Nagy Putlk-State of Florida Sworn to and subscribed before me Commission lGG1260a1 � My Comm,Expires lul]9,2021 This November 22, 2017 ;�,, " a�eu wowMarosa qcvv\er (Signature of affiant) 18A I WEDNESDAY,NOVEMBER 22,2017 I NAPLES DA MY NEWS A RESOLUTION OF THE BOARD RESOLUTION SUPERVISORS UP IS 2018-1 RS O Zimbabweans hope for fresh DE- VELOPMENT DISTRICT DECLARING ECIAL ASSESSMENTS;INDICATINGT EITY LOCA- TION,NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHICH COST IS TO start as Mugabe re signs BE DEFRAYED IN WHOLE OR IN PART BY THE SPECIAL ASSESSMENTS;PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYED IN WHOLE OR IN PART BY THE SPECIAL ASSESSMENTS;PROVIDING THE MANNER Godwin Man Yd■ IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE;PROVIDING WHEN SUCH g Y SPECIAL ASSESSMENTS SHALL BE MADE;DESIGNATING LANDS UPON WHICH THE and Austin Davis SPECIAL ASSESSMENTS SHALL BE LEVIED;PROVIDING FOR AN ASSESSMENT PLAT; Special to USA TODAY ADOPTING A PRELIMINARY ASSESSMENT ROLL;PROVIDING FOR A PUBLIC HEAR- 4- ii,t.• otyy INS TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND HARARE, Zimbabwe — President T THE RELATED IMPROVEMENTS;PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION;PROVIDING FOR CONFLICTS; Robert Mugabe a s forced resignation , 1 PROVIDING FOR SEVERABILRY;AND PROVIDING AN EFFECTIVE DATE. Tuesday after 37 years in power ignited - • `, r, WHEREAS,the Board of Supervisors of Flow Way Community Development District(the"aged') cheers from residents in this Southern hereby determines to undertake,install,plan,establish,construct,reconstruct,enlarge or extend,equip. African nation who said the world's Old- acquire,operate and/or maintain certain public improvements deeorlbed in that certain Flow Way Com- \+� y munity Development Distict Master Engineer's Report prepared by Waldrop Engineering,Inc.and dated est leader had presided over a worsen- s, August,2013('Master Fnpineer s Report"),as supplemented by that certain Flow Way Community Do- ing economy and Iaimpant corruption. velopment District Phase 6 8 7 Engineer's Report for the 2017 Project prepared by Waldrop Engineering, "We feel very excited because we Zimbabweans celebrate President Inc.and dated October 2017("Supplemental Fnninaprs Report').Both the Master Engineer's Report and the Supplemental Engineer's Report are maintained on file et the offices of the District Manager,JPWard have been suffering for too long;"said Robert Mugabe's resignation Tuesday &Associates,LLC,2900 Northeast 12th Terrace,Suite 1,Oakland Park,FL 33334("District Manage're Victor Chirwa,47,asc2loolteacher."lam night In downtown Harare.BEN CURDS/AP Office")and at the offices of the District Attorney,Coleman,Yovenovich&Koester,PA,4001 Temiami happy he is gone—and he must go to Trail N.,Suite 300,Naples,FL 34103 and are incorporated herein by reference.The public improvements prison....I hope we will be able to lead a associated with Phase 6 and Phase 7 and the 2017 Project,and which are more particularly described in better life." for her lavish spending,to succeed him. the Supplemental Engineer's Report.are hereinafter referred to as the-Ir9nrovement,';and_ Mugabe,93,reluctant- Grace Mugabe entered Zimbabweandi WHEREAS,Flow Way Communiry Deveopment Diahict(the"p1slDgt")is empowered by Chapter 190, the UJtarra Community of Me opment District Act of 1980(as emended),Chapter 170,Supplemental ly resigned shortly after politics only two years ago. and Alternative Method Making Local Municipal Improvements,and Chapter 197,Florida Statutes,to ZlmbabWe's Parliament Mugabe find'-d a rival to his wife,Vice finance,fund,plan,establish,acquire,construct or reconstruct.enlarge or extend,equip,operate,and began impeachment pro- President Emmerson MrlarlgagWa,75, maintain the Improvements and to impose,levy,and collect the Assessments(as defined below);and ceeding3 against the only on Nov. 6. Nine days later, military president the country forces placed Mugabe and his wife lm- WHEREAS,the Board Inds that it is in the best interest of the District to pay all or a portion of the cost of the lmprovemeMs by imposing.levying,and collecting special assessments pursuant to Chapters 170, Mugabe has known since its Iran- der house arrest. 190,HE WHEREAS. the Di statutes(the"e ermine hat):end WHEREAS.the District hereby determines that benefits will accrue the m property benefited by the sition to majority Wile Although gunshots could be heard in Improvements,the amount of[hose benefits,and that the Assessments will be made in proportion to the from a white-run government in 1980. Harare as tanks rolled down the capi- benefits received as set forth in that certain Special Assessment Report for Flow Way Community Devel- Ina letter to Parliament,Mngehesaid tars boulevards, the military denied opment District,Series 2017-Phase 6 Capital Improvement Program prepared by JPWard&Associates, he was stepping down immediately for that the developments constituted a LLC and datetl October 25,2017 er"Aavesgm vas,LLort'7.a Nort of which is maintained on idle ai the "the welfare of the people of Zimbabwe coup, saying offices of the Dismct at the or.JPWard&Associates,LLC,2900 Northeast 12th Terace,Suite 1,PA,4arW P P P ying in a televised ad- Park,FL 33334 and at the offices of the District Attorney,Coleman,Yovenovich&Koester. 4001 and the need fora peaceful transfer of dress that it had"stepped in to quellthe Tamlami Trail N.,Suite 300,Naples,FL 34103,and which report is incorporated herein by reference;and pOWeI." turmoil within the president's party. WHEREAS,the District hereby determines that the Assessments to be levied will not exceed the ben- He stepped down days after the mil- The military's actions were heralded sits to the property benefited by the Improvements. itary placed him and his wife,Grace,un- by Zimbabweans who applauded the ef- NOW,THEREFORE,BEIT RESOLVED BY THE BOARD OF SUPERVISORS OF FLOW WAY COM- MUNITY DEVELOPMENT DISTRICT THAT: der house arrest and pressured him to fort to trigger a peaceful transition of Section 1. The foregoing recitals are hereby incorporated as the findings of the Board. relinquish the office.His ZANU-PF p0- power rather than engineer a violent Section 2. Assessments shall be levied to defray a portion of the cost of the Improvements. litical party expelled him from its ranks, takeover of the government. Section 3. The nature and general location of.and plans and specifications for,the Improvements choosing an exiled vice president to "I have been suffering with no job for are described in the Engineer's Report and maintained on file at the offices of Coleman,Yovenovich& Koester,PA,4001 Temiami Trail N.,Suite 300,Naples,FL 34103 and the District Manager's Office. succeed trim the last five years,and I think this opens Section 4. The total estimated cost of the!mprovemen.is approximately$5,936,328.97(the" Mugabe's ascent to power was a new chapter in my lifer said Moreb- timated coat"). markedbythemassacre of thousands of lessing Mapfumo,34,who last worked Section S. The Assessments will defray approximately$7,245,000.00 in bonded indebtedness civilians who opposed his rule.During as a secretary."I have been expecting which includes,without imitation,the Estimated Cost,plus financing related costs.capitalized inter- his tenure,Zimbabwe turned from one this for a long time.God is great" es<,a debt service reserve and contingency. of Africa's most prosperous nations to Others,however,were sus is iovs of Section 6. The manner in which the Assessments shall be apportioned and paid is set forth in P the Assessment Report(which report is incorporated herein by reference),including provisions for one of the world's worst economies, Mnangagwa because he had been dose supplemental assessment resolutions.The Assessment Report is also available on file at the offices wracked with crippling inflation,food to Mugabe,and said they'd prefer a of Coleman.Yovanovith&Koester.P.A..4001 Temiami Tra,l N.,Suite 300,Naples,FL 34103 and the shortages and high unemployment. democratic vote to give the country a District Managers Office. "Mugabe's departure brings about a fresh start. Section 7. The Assessments shall be levied in accordance with the Assessment Report on all Ion changethat I have always for," "His(Mugabe's) and lands constituting the portion of Phase 6,within the District,being assessed(-Phase 6 Assessed Y resignation is not land").which are adjoining and Contiguous or bounding and abutting upon the Improvements or ape- said Mary Jonasi,28,a recent graduate enough.We need free and fair elections daily benefited thereby and fuller designated by the assessment plat hereinafter provided for. of the University of Zimbabwe who has that will bring the change we all want," Section a. There is on file in the offices of Coleman,Yovanovich&Koester,PA.4001 Temiami long been looking for a job. said Gaber Ngwere,23,a student of in- Trail N..Suite 300,Naples.FL 34103 and the District Manager's Office,an assessment plat showing Mugabe's downfall appeared to be formation sciences."Eanenerson Mnan- the Phase 6 Assessed Land.with the plans and specifications describing the Improvements and the Estimated C6: ell of which shall be open to inspection by the public. triggered by his maneuvering for his 52- gagwa is going to take over,and I am Section 9. The District Manager has caused to be made a preliminary assessment roll,in accor- year-old wife,known as"Gucci Grace" afraid he is not different." dance with the method of assessment described in the Assessment Report,which shows the lots and lands assessed within the Phase 6 Assessed Land,the amount of bent to and the Assessment against each lot or parcel of lend and the number of annual installments into which such Assessment may be divided,which is hereby adopted and approved as the District's preliminary assessment roll. Section 10. Commencing with the year in which the Assessments are certified for collection and Mercan ti l subsequent to any capitalized interest period,the Assessments shall be paid in not more than(30) thirty yearly installments,which installments shell include principal and interest as calculated in ac- Bank cordance with the Assessment Report.The Assessments shall be payable at the same time and in the same manner as are ad-valorem taxes end collected pursuant to Chapter 197,Florida Statutes; provided,however.that in the event the uniform non ad-valorem assessment method of collecting the Assessments is not available to the District in any year,or the District otherwise determines not touti- lize the provisions of Chapter 197.Florida Statutes,the Assessments may be collected as is otherwise permitted by law. t sure is nice Section 11. The Board shell adopt a subsequent resolution fix a time and plate at which the ownersI of property to be assessed or any other persons interested therein may appear before the Board and be.t heard as er the he ma ry r of payment advisability h of the Assessments or the making of the ed Im- provements.the cost thereof,the manner of payment therefore,or the amount thereof to be assessed to see it grow against each property as improved;Manageand hereo by dir authorize such notice end publications of same as may be againsd by Chapter 170,Florida rov and t,or ho applicable schot law. Section 12. The District Manager is hero by other cause this resolution to be published twice (once a week for two(2)weeks)in a newspaper of general circulation within Collier County and to provide mailed notices to the owners of the property subject to the proposed Assessments and such other notice as may be required by law or deemed in the best interest of the Distract. Section 13. If any one of the covenants.agreements or provisions herein contained shall be held For a limited time contrary to any express provision of law or contract to the policy of express law,but not expressly a prohibited or against public policy,or shall for any reason whatsoever be held invalid,then such cov- enants,agreements or provisions shall be null and void and shall be deemed separable from the take advantage of these CD rates remaining covenants,agreements or provisions and shall in no way effect the validity of the other previsions hereof. exclusively onl ine. ae<aon 14. All resolutions or parts thereof in conflict herwith are,to the extent of such conflict, superseded and repealed. Section 15. This Resolution shall become effective upon its adoption. PASSED AND ADOPTED this 25^N day of October.2017. 12-Month Online CD FLOW WAY DpaMU,Y DEVELOPMENT Dnrt1 . BY:JAMES R WARD,DWI-RIDE Mks.. 67 Reports Incorporated By Reference: ipf Master Engineer's Report prepared by Waldrop Engineering,Inc.and dated August,2013,as supple. j0 merited by that certain Flow Way Community Development District Phase 6 S 7 Engineer's Report for the Spec 2017 Project Prepared by Waldrop Engineering,Inc.and dated October 2017 Assessment Report Flow Way Community opment ,Series 2017-Phase 6 Capital al Improvement Programrprepared by JPWard&Associates,LLC anndidated October 25,201 • APY" • p i 10 36-Month Online CD A IBORY 2.17°'° APYe ,e 1 -�"" e ra No checking account required. Visit us online at: 1 P .SE88760 CS / www.mercantilbank.com/opened J/\ll Mercantil,empowering your world I — r✓ web,. 'Domestic vanints pesoueeye.CAM is advantage ofeNs offer..mun be IMIdOK.AIJi�RO� - .'Cal) FDIC opening rgil3nf^ai nen,taaMs dare Bank ce u at, ad -ssoo„pmm..im„ma,uw,000 ` I(L S ) oorM00 5 '�iieor a:count customers.Maid ramie be a Ent O Qe 1 r.weDp se 4entrw nrambe.wa amount a'.,aeara4,nsnrbpw FLOW WAY CDD a ternaby.:(Mra"amrybeAmpme4 ew,drMe.eeam,rPn, aand-F U, ern wH renew fa,be,an,Ctremaltdeeu.n.n„aea4 ,aee4raaa,�.aaeaeabnE�a>d,d. November 22,2017 ND-1816365 i6 t 4r ?'apLrø Ott �t WS NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy ot advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 1809708 NOTICE OF REGULAR ME Pub Dates November 1,2017 • gttaht, Y,e2-ela,1 (Sign ture of affiant) KAROLEKANGAS I f. Notary Put�lk-Stahof odds Sworn to and subscribed before me I conwnlsslon4GG126Wt This November 01,2017 `.?� My Comm.EapaxAA29,2021 �• a�,..,: aonadthophUWaWKagyMA, qc,„0 (Signature of affiant) 24D I WEDNESDAY,NOVEMBER 1,2017 I S DAILY NEWS Vans � NMI( Notice E Ti,ICreditor Pubis Nei Public Ares 1 6 I 1 2005 CHRYSLER T&C Touring THE TWENTIETHIT OURT AF IO LI R COUNTY,FLO I FOR right,ttee, nhowit, what Districts.endfh coey of fay Van,6 passenger,w/folding THECITAND JUDICIALOLLI COLLIER COUNTY, S Respondent s interest,or li o be net fro thet may seats,exc cond.,70K miles. CIOUNT,N T FOR CLORIDA PROBATE DIVISION therortde has in or to be obtained from the office rd Gray,$5700.(239)867-4212. Auction/Public Sale COUNTY,STATE OF FLORIDA the property to show in the the t Manager,1PWarg CIVIL:II.201-CA-ION IN RE:ESTATE OF Petition,and yw cause &Associates54 LLC.byin calling CASE NO.:i1-2017-CA-000523- C2010.2RRIWN.RunswCOUNTRY NOTICE IS HEREBY GIVEN 0001-%% why that property should 9516584900,email limWard 2010.200K miles.Runs well. THATA SSSP Acquisitionsa File No.17.1719-CP and u taken for thethuses Jn thehedDssoct's web site or S3K/obo.(239)465.3746. D/B/es51 SIMPLY Airport SELF STORAGEppeti purposes set forth inthe t w District's www.flowwayedd.org t least at A Illinoiso limitedi LLC, DAVIDaDAVIDLANGHAM, fails petition. dolfsO a defaultxwill seven(7)days tin advance of DODGE GRAND CARAVAN LOCATED AT 1361 Airport Road an liablity aka IOXased. AM company, Deceased. Respondent entered against 2014.Wheelchair Van with S Naples,FI 34106 INTENDSthethat the meeting. 10"lowered fir,ramp&tie TO SELL OR OTHERWISE for the relief downs.(239)494-8267 DISPOSE OF THE PERSONAL s PlaintiN, NOTICE TO CREDITORS demanded in the Petition. The meeting may be cancelled PROPERTY DESCRIBED BELOW PLEASE TAKE NOTICE that or continued to a date,time TO ENFORCE S LIEN IMPOSED MAGASIN KHEOPS,et al., The administration a Declaration of Taking has and location specified on the Vehicles Wanted ON SAID PROPERTY UNDER of the estate of DAVID 1. been filed in this cause and record at the meeting. THE FLORIDA SELF STORAGE Defendant(s). LANGHAM, also known as that Petitioner will apply for FACILITY ACT STATUTES DAVID JOHN LANGHAM, an Order of Taking and any In accordance with the AA+TOP DOLLAR PAID!for FACIL1-83.809).THE PUBLIC NOTICE OF ACTION deceased,whose date of deathother order the Court deems provisions of the Americans Classics Cars,Muscle Can, SALE OR OTHER DISPOSITION STATE OF FLORIDA was February 7, 2016; File proper before the Honorable with Disabilities Act, any &Sports Can.(239)221-3000 OF THE FOLLOWING PROPERTY Number 17-1749-CP,is pending James R. of this, one of person requiring special WILL TAKE PLACE(UNLESS TO: MAGASIN KHEOPS n the Circuit Court for Collier the judges of this Court,on accommodations or an ABSOLUTELY ALL AUTOS- WILL TAKE PLACE VIA Whose residence County, Florida, Probate Tuesday,December 19,2017 at interpreter to participate at Wanted!Dead or Alive Top S ANON-LINEAUCTIONAT W W W. address is unknown Division,the address of which 1:30 p.m.at the Collier County these meetings should contact FREE PICK UPI 239.265-fi140 November 11 2017,BEGINNING ON s 3315 Tamiami Trail East, Courthouse,Building"L",3315 the District at(954)658-4900. November REASURE Y12 YOU ARE NOTIFIED Naples, FL 34112.5324. The Tamiami Trail East,Naples, at least five(5)days prior to CORVETTES WANTED AT APPROXIMATELY 12 that an action to Quiet title names and addresses of the Florida. All Respondents in the date of the meetings.If Top dollar.Cash today.Call PM AND CONCLUDING ON has been filed on the following personal representatives and this action may request a you are hearing or speech 9d1-809-3660 or941-923-3621 November 16, 2017, AT property In Collier County, the personal representatives' hearing at the time and place impaired,please contact the APPROXIMATELY 12:00 PM. Floritla December 6,2017: attorney are set forth below. designated and be heard.Any Florida RelayService at 1-800- THIS PUBLIC SALE WILL All creditors of the Respondent failing to file a 955-8770, fr assistance in ` MOSTTRUSTED MOTORS RESULT IN THE GOODS BEING The East 150 Feet of Tract decedent and other persons request for hearing shall contacting the District Office. STEARNSYMOR SOLD TO THE HIGHEST 56,GOLDEN GATE ESTATES, having claims or demands awe any right to object to BUYER Slate wanted BIDDER.CERTAIN TERMS AND Unit 41,According to the Plat against decedent's estate,on the order of taking. If any person decides to All Vehicles CONDITIONS APPLY: thereof recorded in Plat Book whom a copy of this notice is WITNESS my hand and the appeal any decision made Rod or Jim(239)774.7360 7, 26,of the Public required to be served,must seal of this Court on this 5 with respect to any matter Unit#2111-Jason eacardo Recordsords of of Collier County,FL. file their claims with this court day of October 2017. considered at these board WE BUY CARS,TRUCKS,SUMS Unit#3078-Veronica Mercado ON OR BEFORE THE LATER OF meetings, such person Etc. Anything from $1,00d Unit#3106--Veronica has been filed against you and 3 MONTHS AFTER THE TIME DWIGHT E.BROCK will need a record of the thru 00 Please call Unit#3124-Gail Cantrell yo are required to file your OF THE FIRST PUBLICATION Clerk of the Circuit Court proceedings and such Sam$100,95-4021 Unit#4132-Juan Cantrell Var as writteno defenses,if any,with OF THIS NOTICE OR 30 DAYS person may need to ensure November 1&8,2017 g the Clerk of the above Court AFTER THE DATE OF SERVICE By: /s/Leeona Heckler that a verbatim record of and to serve a copy within 30 OF A COPY OF THIS NOTICE ON the No.1808341 days after the first publication THEM. Leeona Cackler,Deputy Clerk their rown luduesn etesti hich Auto Paris a Ai I of this Notice of Action on All other creditors If you are a person with a record includes the testimony December 6,2017: of the decedent and other disability who needs any and evidence on which the (4)PIRELLI Tires x22 RE-ISSUED CALL FOR persons having claims or accommodation in order to appeal is based. Like New$480. orr trade trade for BUSINESS PLANS: Florida KALEI MCELROY demands against decedent's participate in this proceeding, BLAIR, Eq., Plaintiff's estate must file their claims you are entitled,at no cost to Flow Way Community Silver.(201)401-7768. Park Service seeks business partner to provide s,tor attorney, whose address with this court WITHIN 3 you,to the provision of certain Development District services at Fakahatchee is:1010 North Florida Ave., MONTHS AFTER THE DATE OF assistance. Please contact lamesP Ward, Strand Preserve State Park Tam Par FL 33602, and file THE FIRST PUBLICATION OF the Administrative Services District Manager n Copeland,FL.Mandatory the original with the Clerk THIS NOTICE. Manager whose off ice is November 1,2017 No.1809708 Meeting will be held at 9 am se this Court either before qLH CLAIMS NOT Trail,tl at ldin East Tamiami Eastern 11/8/2017. More at service on immediately thereafter;e FILED WITHIN THE TIME Trail, Building L, Naples, tioyurl.com/fppsCFBP or rwise PERIODS SET FORTH IN Florida,34112.(239)r 00 There's October 27-29,November I-6, otherwise a defaultwill FLORIDA STATUTES SECTION within 2 days of our receipt y Meetings 2017 No.1796464 be entered ae you for 733.702AR WILL BE FOREVER of e noticeurat leastle7 days the relief demanded in the BARRED before your scheduled court no place n��� Complaint or Petition. NOTWITHSTANDING appearance,orei immediately Q NMI Estate "If eu are a THE TIME PERIOD SET FORTH upon receiving this a5 •v`;- "'' Y person with ABOVE, ANY CLAIM FILED notification if the time before and .rid idthese disability who needs any TWO (2) YEARS OR MORE the scheduled appearance is hke...here! sufferingwithth addiction, There's no place like..here accommodations in order to AFTER THE DECEDENT'S DATE less than 7 days;.}you are marts at 7 pm Wednesd, ,,�.- participate in this proceeding. OF DEATH IS BARRED. hearing or voice impaired,call at Moorings ►resbyte 1pCµl fiedr you are entitled,at no cost to The date of first 1-800-955-8771. Church,791 Harbour D you,to the provision of certain publication of this notice is: Jennifer A.Belpedio,Esquire Real Estate and will gather in Moss H assistance. Please contact October 25,2017. Florida Bar No.186030 South,until further no Charles Rice, dministrhove Octbarer,on this 20th day of Col2017. lier County Attorney's Serviceoffice is located at ite5 East NOTICE OF INTENT TO3299 East Tamiami Trail.Suite Personals REGISTER FICTITIOUS NAME Tamiami Trail, Suite 501 Charles H.Lynch,Jr. 800 FL 34112 NOTICE OF ACTION Notice Naples h se telephone3numberr is Representatives for Personal Telephone:(239)252-8400fig MET YOU AT THE TRAIN Under Fictitious Name Law 239-252.8800,at least 7 days Florida Bar No.254703 Facsimile:(239)774-0225 STATION on 10-24-17 at Pursuant to Section 865.09. before your scheduled court Boyle&Anderson,P.C. COUNSEL FOR PETITIONER Ronkonkoma,NY.Call Justin Florida Statutes NOTICE appearance,or immediately 110 Genesee Street uite 300 jenniferbel in Florida(352)422-0440 IS HEREBY GIVEN that the pedio@colliergov. undersigned, et Carol Schrader notificationnon if the time before this pubs n,NY 13021 sherimalcolm@colliergnv.net ST.IUDE,THANK YOU desiring to engage in business he scheduled appearance is Telephone:315-253.0326 FOR ANSWERING ALL MY under the fictitious name of less than 7 days;If you are Email: EXHIBIT"A" lOCaLf7.@GZS PRAYERS.JEANNE B. Piano Lessons Naples located hearing or voice umpareid,call chlynch@boylefirm.com at 28650 Carriage Homes 7, Seconder Email: A Drive 4102,in the County of Y portion of Tract it Golden Lee,in Bonita Springs,FloridasmoconnorWboylefirm.com Gate Estates. Unit 77 Page PUBLIC NOTICE DATEDtob2n this 11 day ofS recorded in Plat Boot S,Pa sa ends register the October 2017. BARBARA A.HERBERT 15 iofre the Public Records of said name with the Division Personal Representative Collier County,Florida,lying The District School Board MOST SACRED HEART OF of Corporations of the CLERK OF THE CIRCUIT COURT 371 Waters Edge in Section 5, Township 49 will Collier County, Florida, Jesus.Pray for us;St.Jude, Florida Department of State, By:/s/Leeona Heckler Auburn,NY 13021 South,Range 28 East,Collier hold a Regular Tuesday, order of miracles,pray for Tallahassee,Florida. Deputy Clerk County,Florida,being more Board Meeting Tuesday, us;St.Jude,helper of the Dated at Naples, Florida, 9 November 14,2017,at 4J0 hopeless,pray for us.Amen. October 30,2017. November i,8,2017 BETH L.BURGMASTER particularly described as y .at the Dr.Martin Luther Thank you Salted Heart of Piano Lessons Naples No.1807139 Personal Representative follows: p.m. lr.Administrative Center, Jesus and St.Jude. MA November 1.2017 No.1808932 18 Brae Ridge Road 57j5 Osceola Trail, Naples, Auburn,NY 13021 The North 20 Feet of the South Florida,34109.The purpose of October 25,November I,2017 70 Feet of the West 180 Feet of the meeting will be to discuss No.1798545 Said Tact 99. any m hers legally brought October 25&November 1,2017 beforetheeoaro. No.1790030 The agenda for thethe School Boarde Public Notices NOTICE OF REGULAR MEETING availableM ontlnill the wwebste Wheels/Recreation IN THE CIRCUIT COURT OF FLOW WAY COMMUNITY (www.collierschools_com) THE TWENTIETH JUDICIAL DEVELOPMENT DISTRICT and at your local library on CIRCUIT IN AND FOR COLLIER Tuesday,November 7,2017. COUNTY,FLORIDA The Board Way Supervisors of CIVIL ACTION the Flow Community ill APPEALIF A PERSON D DECIDESIONTOE Development a Regular District willn BY ANY SCHOOLO MADE COLLIER COUNTY,FLORIDA,a hold a Ry,Nor mberit, on WITH THE BOARD Mpolitical subdivision of the Wednesday, at there Zees RESPECT TO ANY ate of Florida, at 3:00 P.M.,at the offices MATTER CONSIDERED, HE/ of Coleman, Yovanovich & SHE WILL NEED A RECORD Petitioner, Koester,P.A.,4001 Tamiami OF THE PROCEEDINGS AND, v Trail North,Suite 300 Naples, THEREFORE, MAY NEED TO Florida 34103 ENSURE THAT A VERBATIM Case NO.:17-CA-1452 Parcels: RECORD OF THE PROCEEDINGS Case N.44ORDUE, Parcels: The meeting is open to he IS MADE.THE RECORD MUST 439R443RDUE, 445RDUE JOHN in'Ol�accorrdanlCeee wicoth the EVIDted ENCE UPO THE N TESTIMONY THE R. BRUNNER; NANCY M. provisions of Florida Law for APPEAL IS TO BE BASED. I.11111111IRP ROBERTS as trustee of the Community Development November1,2017 No.1802327 Nancy Roberts Revocable Trust dated January 22,2016; A,„liar Pubhr.is,lii Auction/Public Sale RONALD G. ROBERTS; SCKARLEVERETETX 1.BARAHONA; NOTICE OF PUBLIC SALE is hereby given that we will sell or EVpERETi FINANC;AL,INC.,dba otherwise dispose of the contents of the following self storage RTGAGE ELECTRONIC Lending.reme ReG S7RATIION units in order to satisfy the delinquent storage lien placed gin SYSTEMS, INC. PENNY accordance with the State of Florida Statute 83.806. The key to MAC LOAN RADA;SERVICES. LLC; Public Sale Conducted Friday November 10,2017.Time:10:00 AM. CARLOS ESTRADA;YAMILET Goodlette Self Storage Of Naples,400 GOodlette Rd N,Naples, C. ESTRADA; SUNCOAST FL.34102.239-263-8 88.Unit contents sold as is/where Is to CREDIT UNION;LARRY H.RAY, highest bidder.William R.Thomas,Auctioneer AU 2146.13111 Roye Collier County Tax Collector; Auctions ab73UNIT#NAME CONTENTS L. DIAMOND INVESTMENTS, 0 INC; GEORGE W. HACKNEY; 1.A01 lean Eloseph Household se ing your ear FIFTHLUCINDA R HACKNEY; 2.BO6 Na01es Cat Alliance Garage sale items FIFTH THIRD BANK;MIGUEL A. 3.D86 Pierrela Lamour Washer/dryer&sundry items HERNANDEZ;MINNIE W. d.D123 Eric StantO Business equipment HERNANDEZ; and FRANK J. 5.F10 lames AubOurq Household FERNANDEZ 7.G13 Phyllis Viola Household Respondents g 25,G Michael Tools onel McNally Household Starts ere CPETITIONER COLLIER OUNTY'S NOTICE OF ACTION ll.D02 Aes Michael penally Household IN EMINENT DOMAIN (AND October 25,November 1,2017 No.1799177 NOTICE OF PETITION DATE) Public N:it ices Public Nclic:'S Reach local b in theocalfied s.E INVESTMENTS, CIAMOND AND 2017 IR'e� Easy scanning help ALL PARTIES CLAIMING REVISED PUBLIC MEETING SCHEDULE folks findyourINTERESTS BY, THROUGH, COLLIER MOSQUITO CONTROL DISTRICT listing faster.Get your ad in front of real buyers. UNDER OR AGAINST THE BOARD OF COMMISSIONERS NAMED RESPONDENTS; AND ALL PARTIES HAVING In compliance with Chapter 189.015(1),Florida Statutes,notice Sellers,Start your engines! OR CLAIMING TO HAVE ANY is hereby given that the remaining meetings of the Board of RIGHT,TITLE OR INTEREST IN Commissioners of the Collier Mosquito Control District will be THE PROPERTIES DESCRIBED held according to the schedule listed below. Meetings will be IN ATTACHED EXHIBIT A", held at District Headquarters,600 North Road,Naples,Collier AND ALL OTHERS WHOM IT County,Florida. All interested persons are invited to attend MAY CONCERN: these public meetings. your online at���.com A petition Eminent Domain Day Date Time Place�/U ad 11111LG has been filed to acVsi in in Tuesday November? Special Meeting 2:30 p.m. certain property interests Tuesday November 21 Regular Meeting 10:00 a.m. Collier County,Florida. Tuesday December 19 Regular Meeting 10:00 a.m. Each Respondent is required JoptEU�dflg 1v��a.t1 ELUfB to serve written defenses to If any person decides to appeal any decision made by the Board the Petition on Petitioner's of Commissioners of the Collier Mosquito Control District with he Jocc1fLe4s attorney, hose name and purose.he or any she m yneed to ensure that to verbatim hearing.of address Is below,on or before she respect to need a record considered the proceedings,atsuch meand that,for such Monday,December 11, for purpose.he 0rshemayneedto ensurethat erd that, dof and to file the original of the proceedings is made,which record includes the testimony the defenses with the Clerk and evidence upon which the appeal is to be based. of the Court either before service on the Petitioner's MichaelWilliams,Chair attorney or immediately November 1,2017 No.1807259 i6I1 MINUTES OF MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Flow Way Community Development District for Tuesday, May 15, 2018, at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum were: Anthony Burdett Chairman Adam Painter Vice Chairman Chris Nirenberg Assistant Secretary Steve Reiter Assistant Secretary Also Present were: J.P. Ward District Manager Greg Urbancic District Counsel 1. Call to Order & Roll Call Mr. Ward called the meeting to order at 3:00 p.m., and roll call determined that all members of the Board were present. 2. Consideration of Board Member Resignations and Replacements Mr. Ward stated he had received two resignations, one from Mr. Truxton, dated March 30, 2018, and one from Mr. Painter, dated May 8, 2018. He explained both would be effective as of the date of the letter. He asked for the Board to accept the resignations. Motion was made by Mr. Burdett and seconded by Mr. Nirenberg to accept the resignations of Mr. Truxton and Mr. Painter, and with all in favor, the motion was approved. Mr. Ward continued the statute provided that the Board had the ability to replace those members who resign for the balance of their terms of office. He said Mr. Truxton's term was through November of 2020, Seat 3; Mr. Painter's term, Seat 4, would end in November of 2018 and would then change to a qualified elector based seat. He asked the Board to nominate two people to serve in Seat 3 and Seat 4. 1 III age Flow Way Community Development District May 15, 2018 16 I 1 Motion was made by Mr. Burdett and seconded by Mr. Nirenberg to appoint Mr. Adam Painter to Seat 3, and with all in favor, the motion was approved. iMotion was made by Mr. Burdett and seconded by Mr. Reiter to appoint Mr. Drew Miller to Seat 4, and with all in favor, the motion was approved. Mr. Ward explained that as a notary in the State of Florida he was authorized to administer the Oath of Office, and he did so for Mr. Painter. He stated since Mr. Miller was not present at the meeting, he would either be sworn in at the next meeting or before the next meeting. He said since Mr. Painter was on the Board, no further record keeping needed to be done. 3. Consideration of Resolution 2018-7 Re-Designating Officers of the District Mr. Ward said for this resolution the Board would name a Chair and Vice Chair with the balance of the Board being Assistant Secretaries. rMotion was made by Mr. Burdett and seconded by Mr. Reiter to appoint Mr. ;Burdett as Chair and Mr. Painter as Vice Chair with the remaining members serving as Assistant Secretaries, and with all in favor, the motion was approved. 4. Consideration of the Minutes Mr. Ward asked if there were any additions, corrections or deletions to the minutes the November 29, 2017, regular meeting. Hearing none, he called for a motion. Motion was made by Mr. Burdett and seconded by Mr. Nirenberg to approve the ,Minutes of the November 29, 2017 meeting, and with all in favor, the motion was approved. 5. Consideration of Resolution 2018-8 Approving the Proposed Budget for Fiscal Year 2019 and Setting a Public Hearing Mr. Ward stated this resolution was the primary purpose of the meeting. He said Resolution 2018-8 would approve the proposed budget and set the Public Hearing for Monday, August 20, 2018, at 3:00 p.m. at the Naples Conference Center of the Naples Area Board of Realtors, 1455 Pine Ridge Road, Naples, Florida 34109. Mr. Ward explained the Budget for all of the Debt Service Funds was the same as the prior year, but the General Fund, on Page 2, the proposed Assessment Rate had increased from $255.32 per unit to $609.99 per unit, which was due to the Preserve Area Maintenance. 2IPage 16I1 Flow Way Community Development District May 15. 2018 Mr. Ward stated 30 days prior to the Public Hearing notices would be sent to the residents, and they would have the opportunity to appear before the Board and to comment on the assessment. Motion was made by Mr. Truxton and seconded by Mr. Nirenberg to adopt CResolution 2018-8, and with all in favor, the motion was approved. 6. Staff Reports a) District Attorney • Mr. Urbancic said the documents to transfer the preserves would be brought forward at the next meeting. b) District Engineer - No report. c) District Manager Mr. Ward reported there was a requirement under Chapter 190 that the Board determine as of June 1 of each year from the roles effective April 15, the number of registered voters within the District. He said there were 440 voters within Flow Way, and it would be significant when two thresholds were reached. Six years from the date of establishment and 250 qualified electors, both of which the District had met. He stated beginning November, they would transition two seats, Seat 4 and Seat 2, to qualified electors elections. He stated the qualifying period was June 18 - 22, and anyone who wished to qualify must be a registered voter in Collier County and live in the District. 7. Supervisor's Requests and Audience Comments There were no supervisors' requests or audience present. 8. Adjournment Motion was made by Mr. Reiter and seconded by Mr. Painter to adjourn the 'meeting, and with all in favor, was approved. The meeting was adjourned at 3:13 p.m. 1:1 James P. Ward, District Manager Adam Painter, Vice Chairperson 3IPage 16I1 OATH OR AFFIRMATION OF OFFICE I, tk, 1L,..,, , ( , a citizen of the State of Florida and of the United States of America, and being an officer of the Flow Way Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Flow Way Community Development District, Collier County, Florida. C_ 'e L'-- O.,.4 �_ Signature Printed Name: q.00,„y, paiv'c-12,e STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this ;;i day of , 2018, by 11.t7'7Di /°A/N;zid_ , whose signature appears hereinabove, who is _personally known to me or who produced as identification. NOTARY PUBLIC STATEOF FLO 1 JAMES P.WARD Commission R FF 966306 ' ir;Expires March 1,2C20 Print Name: f ,,." My Commission Expires: 1,6 "' aptrø Battu :;;WWS NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 2018624 NOTICE OF QUALIFYING Pub Dates May 21,2018 • / ttL&L 0Y®&ayi (Sign ture of affiant) •;;; KAROLEKANGAS I f ti Notary Pubk-State of Florida Sworn to and subscribed before me carnmissbnl GG 116041 This May 21,2018 I ``a 1• My Comm. 'es 29•p'1 I I laddu.ophN W ,roallotary& pft 1 ) (Signature of affiant) NAPLESNEWS.COM 1 MONDAY,MAY 21,2018 I 13D Cnnamii1:i.11 RE Lease Vi l,i,1,,(1.1,,l,'il Pelili,N„tit,•. Pub N„li,i s Public Nntot,'.. PRIME OLDE NAPLES CORVETTES WANTED 99.061, Florida Statutes, The Wentworth Estates Wheels/Reereation ' LOCATION 1450 sq.ft Top dollar.Cash today.Call and must also be a qualified Candidates must qualify for Community Development former heir/nail Salon 941-809-3660 or 941-923-3421 elector of the District. A the office of Supervisor with District has two(2)seats up rV' call:Diana(239)963.7319 LOOKING TO BUY VEHICLES qualified elector is any person the Collier County Supervisor for election,specifically seats classic&collector cars at least 18 ears age who is of Elections,s,FloridaEnterprise 1 and 2. Each seat carries L Rein II SP.IC.c;Rent or vehicles w.low mi. a citizen of theUnited States Avenue,Na01e Fl 34103. a four year term of office. Will negotiate fair value, a legal resident of the State of Telephone (239) 252.8683. Elections are nonpartisan NAPLES DESIGN DISTRICT- arrange a timely pick up& Florida and of the District,and Candidates may prUR�t alify and will be held at the same Luxury retail space seeks pay cash.(845)987.9267 who is registered to vote with Prior to the official qualifying time as the general election Int.Design or Prof.No Fee, the Collier County Supervisor period subject to the rules and on November 6,2018,in the 1 yr lease$1,500.617.879311E STEARNS MOTORS of Elections.Campaigns shall procedures of the Supervisor manner prescribed by law for MOST TRUSTED be conducted in accordance of Elections. Each candidate general elections. BUYER Since 3977. with Chapter 106, Florida shall qualify for individual All CARS,TRU774-7 Statutes. eats in accordance with For additional information. Buy Rod or Jim(239)771-7360 Naples Heritage Section 99.061, Florida please contact the Collier IA�rJJ WE BUY CARS,TRUCKS,SUVS, Community Development Statutes and must also be County Supervisor of Etc.Anything from District has three seats up for qualified electors of the Elections, 3750 Enterprise and g election,specifically seats,3, District. A qualified elector Avenue,Naples,Florida 34103.Investments $1,000-$10,000.I come to 4 and 5. Each seat carries is any person at least 18 years Telephone(239)252-8683. Sell you.Please call Sam a of term of office. of age who is a citizen of the AS ATTENTION INVESTORS I% (239)595-4021 Elections a nonpartisan United States,a legal resident Wentworth Estates RETURN GUARANTEED A and will be held at the same of the State of Florida and Community Development MONTH Auto Parts&Acc time as the general election of the District,and who is District here! Local company in the area on November 6,2018,in the registered to vote with te lames P. Ward, District for over 30 years,great rep- (3)BRAND NEW CAR TIRES manner prescibed by law for Collier County visor of Mariapper uanon,No risk program 255-55-R-17$100.each general elections. Elections.Campaigns shall be May 21,2018 No.2018552 place for 17 years.Al DuQuet (239)353.8791. For additional conducted in accordance with 7 CGC NEW )571-3000 information, please contact Chapter 106,Florida Statutes. {{sP�e.e0\ ezrl'i mplamliicalss iOCQ.lf1@ NEW BUSINESS LOOKING the Collier County Supervisor rI©Naples Daih NtustaaNrds FOR INVESTORS-Growing of Elections. vintage car dealership. Announcements May 21.2018 N°.2003256 Pnhli<Not icr`s Public Sol o,'. Great return.Negotiable NOTICE OF QUALIFYING `erms.Secure investment, PERIOD FOR CANDIDATES COLLIER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT reputable name.Privately I,,,''''' COLLIER , FOR THE BOARD OF HABITAT FOR HUMANITY PURCHASE OF SCATTERED SITE VACANT LOTS owned.Please contact Lewis SUPERVISORS OF THE NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS (845)987-9267 FRIENDLY, ELDERLY MALE, FLOW WAY COMMUNITY Invest./Income Proper with great sense of humor, DEVELOPMENT DISTRICT May 21,2018 t y looking for friendly,elderly Sint NEEDED FOR female for dining,sunsets, Notice is hereby given that Collier County 1ST MORTGAGE etc. Bonita resident for 30 the qualifying period for 3299 Tamiami Trail East on$4M property. years.Don't hesitate to call candidates for the office of Naples,Florida 34112 Alex at 239-405-3036 Supervisor of the Flow Way (239)252-8999 Pay at 8%per annum Corn munit Development Al Dupuet CGC (239)571-3000 Y District will commence at On or about May 30, Collier County will submit a request to the U.S.Department n Housing noon on June 18,2018,and and Urban Development(HUD)for the release of CommunityDevelopment Block Grant(CDBG) 2211Caclose at noon oo June 22,uring fuprods,ject contract ttHabittVum under cqui ton the Act tofesid,nti amended,te throughout the the early may qualify period Collect aunty.as Habitat for Humanity Acquisition of ucano of uc Lots locatedthroughout the qualifying Ju period18. 0 the co CDBG on of will b used only formo acquisitioneh acquired of such lots. Other to funds will w 1 which begins on June 4,2018. used for the income Osingle y home on each be n residential lot to assisttlow to vacant income,eafamilies.One singlef family home is to be constructed on fired modest size Boats/Motors/Marine NOTICE OF QUALIFYING Candidates must qualifyo for cet residential ishe each home eghbarh ods will beestimated the lots that PERIOD FOR CANDIDATES the Collie of SupervisorSa rwnh located for Hublishefunds is anl neighborhoods.proximitely$1undinqq.00 for the acgCDBGand 05 BAYLINER 2150 CAPRI CLAS- FOR THE BOARD OF the Collier County Supervisor Habitat forHumanity fundseantomecedt06e approximately several fi interest SIC BOWRIDER V8 M.Mer- of Elections located of vacant residential and iml lots and now home construction.unknow There are several vacant sines of dentest for SUPERVISORS OF cruiser,fast&economic.one HERITAGE BAY COMMUNITY CollierlecsCount 0uO Enterprise i r of acquisition and may include S restother SW 2580 et unknown.T Terrace he 590 47th90 know vacant,5413 Trammel lots mel owner.$8,950.(239)302-5193 DEVELOPMENT DISTRICT Elections,Naples, Florida 34104. St eet and 514824tth 2796 5Avenute SW,Naples,Florida,Collier County,Florida.Terrace 5W,5413 Trammel 35x16 FT.DOCK AT WINDSTAR Telephone(239)252-8683. All Direct access, deep water, Notice is hereby candidates shall qualify for The activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from electric-30&50 amp,gated. given that the qualifying individual seats in accordance National Environmental Policy Act(NEPA)requirements.An Environmental Review Record(ERR) $59,000.(605)390.1898. period for candidates for with section 99.061,Florida that documents the environmental determinations for this project is on file at Collier County 60'SUP ISLAND MARINA the office of Supervisor Of Statutes,and must also be Community and Human Services,3339 Tamiami Trail,Building H,Room 211,Naples,FL 34112 and Deep Water,Floating dock.5 Heritage Bay Community a qualified elector of the (239)252.2273 and may be examined or copied weekdays 9 A.M to 4 P.M. min.to Gulf,Lease/Sale Development District (the District. A qualified elector 239-8254225 District")will commence at is any person at least 18 years PUBLIC COMMENTS noon on June 18,2018,and of age who is a citizen of the close at noon on June 22,2018. United States,a legal resident Any individual,group,or agency may submit written comments on the ERR to the Collier County BOAT max, MARCO ISLAND Candidates must qualify for of the State of Florida and Community and Human Services Department,3339 Tamiaml Trail,Building H,Room 211,Naples,FL 44' direct access; the office of Supervisor with of the District,and who is 34112 or by phone at(239)252-2273,Attention:Rosa Munoz Grants Coordinator.Comments may Marina at Factory Bay.All the Collier County Supervisor registered to vote with the also be submitted via email at rasa.mill ho colli ty the C.All comments received by May amenities incld.$450.mo. of Elections located et 3750 Manatee County Supervisor of 29,2018.All comments received by will be considered by the Collier County prior to authorizing Avail.immed.Bleorp56.2072 Enterprise Avenue, tiepin. Elections.Campaigns shall be submission of a request for release of funds. BOAT SLIP-R)Verpointe Florida 34104,239-252-8636. conducted in accordance with Marina floating dock,direct All candidates shall qualify for Chapter 106,Florida Statutes. ENVIRONMENTAL CERTIFICATION access 34'LWL slip,electric/ individual seats in accordance water.S70K,239370-4027 with Section 99,061,Florida The Flow Way Community Collier County certifies tf HUD that Leo E.Ochs,Jr.in his capacity as County Manager consents to LICENSE Statutes,and must also be Development District has accept the(jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in Naples CAPTAIN'S UC-Fpak a qualified elector of the two(2)seats up for election, elation to the environmental review process and that these responsibilities have been satisfied. June llth 877.435-3187 District. A qualified elector specifically seats 2 and 4. HOD's approval of the certification satisfies its responsibilities under NEPA and related laws and s any person at least 18 years Each seat carries a four-year authorities and allows Collier County to use Program funds. of age who is a citizen of the term of office. Elections are United States,a legal ida t nonpartisan and will be held at OBJECTIONS TO RELEASE OF FUNDS V FORMULA of the State of Florida and the same time as the general of the District,and who a election on November 6 2018, HUD will accept objections to its release of fund and Collier County's certification for a period IPS Die BI Formula Sc is in llier o to Sure with rt in the manner prescribed by of fifteen days following the anticipated submission date or its actual receipt of the request 5ts6ck at Our DocdC Collier County shall of aw for general elections. (whichever is later)only if they are on one of the following bases:(a)the certification was not ..,,:.00drnuiahuatssour arm Elections.Campaigns shall be executed by the Certifying Officer of Collier County;(b)Collier County has omitted a step or loin Si.S.W.) conducted in accordance with failed to make a decision or finding required byHUD regulations at 24 CFR art 58;(c)the grant tzlslati-oleo For additional information, o SOUTXPOINTE MARINA Chapter 106,Florida Statutes. please contact the Collier recipient or other participants in the development process have committed funds,incurred costs The Heritage Bay County Supervisor of or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by (In Windstar)Boat Slip Community Development Elections at 3750 Enterprise HUD;or(d)another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written 55'xclose to Gulf,Direct wate andss, District has two seats up for Avenue,Naples,Florida 31303. finding thatthe project is unsatisfactory from the standpoint of environmental quality.Objections election, specifically seats Telephone(239)252-8683. must beprepared and submitted in accordance with the requiredelectric, 30 and 50 amp. 4,and 5.Each seat carries Flow Way Community 58.76)and shall be addressed to Miami HUD Office at Brickell Plaza Federal aBuilding,t O 09 SE First 59'3,800. 239-370-4027 a four-year term of office. Development District Avenue,Suite 500,Miami,FL 33131.3028. Potential objectors should contact HUD to verify the Elections are nonpartisan James P. Ward, District actual last day of the objection period. Campers&12V's and will be held at the Same Manager time as the general election May 21,2018 8624 Leo E.Ochs,Jr, WANTED:ALL MOTOR HOMES on November 6,2018,in the County Manager,Collier County AND CAMPERS.Any cond. manner prescribed by law for NOTICE OF QUALIFYING Cash Paid. (954)789-7530. general elections. PERIOD FOR CANDIDATES FOR For additional THE BOARD OF SUPERVISORS CONDADO DE COLLIER Y HABITAT PARA LA HUMANIDAD DEL CONDADO DE COLLIER,INC.CON Golf C.,l 1,. information.please contact OF THE COPPER OAKS FONDOS DE LA BECA DE CONl10ESION DE BLOQUES DE DESARROLLO COMUNITARIO(CDBG) the Collier County Supervisor COMMUNITY DEVELOPMENT ADQUISICION OE LOTES VACANTES DE SITIOS DIfSPERSOS CLUB CAR GOLF CART-1974 of Elections. DISTRICT AVISO DE INTENCION PARA SOLICITAR LA LIBERACION DE FONDOS 4 new batteries in Good Cond. May 21,2018 No.2002983 $1,200.(239)353-8791. Notice is hereby 21 de Mayo del,2018 N„Dire 01 S.11, given that the qualifying Rec I cation al Storado period fficcer of candidates for Condado de Collier NOTICE OF PUBLIC SALE 3299 Tamiami Trail East STORAGE: OMES the Copper Oaks Community Naples,Florida 34112 auto. C RVs, boat, auto. Covered To satisfy the owner's storage Development District will (239)252-8999 available. (239)643-0447 lien,PS Orange Co.Inc.will commence at noon of June sell at public lien sale on 18,2018 and close at noon En 0 alrededor del 30 de mayo de 2018.el condado de Collier presenter&una solicitud al May 30,2018,the personalon June 22,2018. Candidates Departamento de Vivienda y Desarrollo Urbana de los EE.UU.(HUD)Para la liberaci6n de los property in the below-listed must qualify fo i the office tondos del Subsidio en bloque para el desarrollo comunitario(CDBG),contrato a B-17-UC-12.0016 Transportation units,which may include but of Supervisor w it the Lee bat;el Tftulo l de la Ley de 1974,segun en endada,para emprender un proyecto conocido como are not limited to:household County Supervisor of Elections Habitat pars la AdquisiciRn de Lotes Residenciales Vacantes para Habitat pars la Humanidad and personal items,office and located at Constitutional ubicados en todo el Condado de Collier.Los Tondos de CDBG se usaran solo para la adquisicion Automobiles for Sale other equipment.The public Complex, 2480 Thompson de dichos totes.Se usaran afros Tondos Caraa construction de una casa unifamiliar en cadalote sale o these items will begin St.,Fort Myers,FL 33901 and residential adquirido pars ayudar a las familial de ingresos bajos a moderados.Se construira una 2004 BMW 3251 CONVERTIBLE at 10:00 AM and continue until the telephone number is 239- casa unifamiliar en calla late residential de tama6O modest°,coda casa de tama6o modest°se White/black top.Excellent all units are sold. qualify 8.All candidates shall construira en los totes adpuiridos gore se encuentran en vecindarios residenciales establecidos. qualif for individual seats are La c$5 200(309)2s/5225ry PUBLIC STORAGE R 27263, 99 061 ordanced a with Statutes, Humancidad sera de el l aproizlmadamente$to 1 890,0 0.00 para o combinado nla adquiss aci8ne Ode tBG otes Habitat aide C ales Ilan S Cleveland Ave, • and must also be desocupados y la widen melon- de viviendas nuevas.Hay varies sides conocidos de interns pars 2004 le,716 2.turbo,con- Fort Myers,FL 33907, qualified la adquismidn y uedes melon-afros lidos nun desconTerrac.Los totes residenciales propuestos v ruble,71K mi,new tires& (239)9364177 electors of the District. A scam localizadosen 2796 54th Street SW 2580 47th Terrace SW),2590 47th Terrace SW,5413 brakes.S9K.NO DEALERS. Times 11:00 AM qualified elector is any person Trammel Street y 5148 24th Avenue SW,Naples,Florida.Condado de Collier,Florida. (989)277-1397. E040-Alcy,Esther at least 18(rears of age who is a citizen of the United States Las actividades ropuestas estan categoricamente excluidas bajo las regulaciones de HUD en Sports and lmp„r is Public sale terms, rules, Floridaa and of thal resident e District.ttte e 0 24 CFR Parte 58 de los requisites de la Ley de Politica Ambiental Nacional(NEPA).Un Registro de and regulations will be Revision Ambiental(ERR)que documenta las tleterminaciones ambientales para este 2003 MERCEDES SL-500 made available prior to the who is registered to vote with esta archivado en la Comunidad y Servicios Humanos del Condado de Collier.3339 Tamiami T ail, Excellent Cond.50kmi.,Gray, sale. All sales are subject the Lee County Supervisor of Edificio H.Habitation 211,Naples,FL 34112 y(239)252-2273 y pueden estar examinados o copiados Elections.Complete Up9,like new to cancellation.We reserve Campaigns shall be entre semana de 9 AM a 4 PM $13,995(516)263-7796 the right to refuse any bid. conducted in accordance with 2006 MAZDA MIATA Payment roust be in cash or Chapter 106.Florida Statutes. COMENTARIOS POBUCOS 11k miles,garage kept.5 spit., credit card-no checks.Buyers The Copper Oaks Community red/black,no accidents,like must secure the units with Development District has Cualquier persona,grog°o agencies puede envier comentarios 7° strife sabre is ERR al new.$12,900(239)331-0316. their own personal locks. two seats for election, Departamento de Servicios Comunitanos y Humanos del Condado de Collier,3339 Tamiaml Trail To claim tax-exempt status, up Edificio H,Habitation 211.Naples,FL 34112 o par telefono al(239)252-2273.AtenciAn:Rosa Motor,2012 RED CORVETTE original RESALE certificates specifically seat and seat Coordinadora de Betas.Los comentarios tambien ser enviaios par cameo electronic° rasa. black top convertible,red& for each space purchased is #3.Each seat carries a four munozlcollieentariyfl.gov.Todos los comentarios seran recibidos haste el 29 de mayo de 2018. black interior,under 6k mi. required. By PS OrAvenue, year term of office.Elections Todos los comentarios recibidos seran considerados or el Condado de Collier antes de autorizar $35k.(239)537.2511. nc., 701 Western Avenue, held at the same time asl the la presentaci6n de una solicitud de liberaci6n de Tondos. 2016 BLACK LAND ROVER Glendale,CA 91201.(818)241- Range Rover Sport.Beige Lthr 8080. general election on November CERTIFlCACION AMMENTAL int,V6 Supercharge Xse,22k- May 14,21,2018 No.2006605 6, 2018, in the manner mi.,S59,900(239)289-0295 prescribed by law for general El Condado de Collier certifiea a HUD que Leo E.Ochs,Jr.en su calidad de Administrador del elections. BMW KS 2013 Sport Activity Public Notices Condado consiente en aceptar la jurisdicciOn de 1o5 Trlbunales Federates si se inicia una accide Para hater cumplir las rasllidades en relacidn con el proceso de revision ambiental y que Package,low miles.like new For additional Information, cond.$27,900.239-249-4475. NOTICE OF QUALIFYING estas responsabilidades see con hen c comp lido.La aprobaci6n de HUD de la certificaci6n cumole con PERIOD FOR CANDIDATES please perva°rtof ElectionSC°unty sus respons o odes bsjo NEPA y las!eyes y autoridatles relacionadas y permits que el Condado V.ins May FOR THE BOARD OF de Collier usea los s fondos del Programa. SUPERVISORS OF NAPLES y21.2018 No.2010 2015 DODGE GRAND CARAVAN HERITAGE COMMUNITY NOTICE OF QUALIFYING OBJECIONES PARA LA UBERACION DE FONDOS WM1eekhair Van with DEVELOPMENT DISTRICT PERIOD FOR CANDIDATES ]0"lowered floor,ramp& FOR THE BOARD OF HUD aceptara obijeciones a su liberaci6n de fondos y la certificacidn del Condado de Collier por tie lowered floor,ra 3 Notice is hereby SUPERVISORS OF un pre i do de quince dies despues de!a fecha de presentaci6n anticipada o!a recepciUn real given that the qualifying WENTWORTN ESTATES de la solicitud(lo que Ocurra mess tarde)solo si se encuentran en una de las si u entes bases: Classic Cars period for candidates for COMMUNITY DEVELOPMENT (a)la certificaCi6n no foe ejecutada por el Oficial de CertificaciOn del Condado de Collier;(b)el the office of Supervisor of DISTRICT Condado de Collier ha omitido an peso o no ha tornado una decision a resultado requerido por las 1982 ROLLS ROYCESILVFA Naples Heritage Community regulaciones de HUD en 24 CFR parte 58;(U el destinatario de la subvenci6n u 0tros panicipantes SPIRIT mi,serviced,fully Development District Notice is hereby given that en el proceso de desarrollo hen compro node Tondos,mcurrido en castes o 7rendido SPIRIT 72Kmi,s manynew ("District")will commence at the qualifying period for actividades no autorizadas por 24 CFR Parte 58 antes de la aprobaci6n de una liberaci6n de tondos Parts,$11500(845)987-9267, noon on June 18,2018,and candidates for the office of Tor parte de HUD;o(d)otra a encia federal que actua de conformidad con el 40 CFR Parte 1500 close at noon on lune 22,2018. Supervisor of the Wentworth ha presented°una cmnstatacidn escrita de que el peyecto no es satisfactorid desde el punt°de Vehicles Wanted Candidates must qualify for Estates Community vista de la calidad ambiental.Las objeciones deben 7 ey e y eigirse a de acuerdo con los Me office of Supervisor with Development District will p ace imiictos requeridos(24 CFR Parte 58,Sec.58.76)y deben dirigirse a a Oficina de Miami AA+TOP DOLLAR PAID!for the Colter County Supervisor commence at noon on June HUD en Bricks!!Plaza Federal Building,909 SE First Avenue.Suite 500,Miami,FL 33131-3028.Los Classics Can,Muscle Cars, of Elections located at 3295 18,2018,and close at noon depotenciales objetores deben comunicarse con HUD pare verdleer el ultimo dia actual del period° •Sports Cars.Muscle(239)Z2 Cars, Tamiaml Trail East,Naples, on June 22,2018.Candidates de objecibn. Florida,34112.5758,239-252- may qualify during the early ABSOLUTELY ALL AUTOS- 8450. All candidates shall qualifying period which begins Leo E.Ochs,Jr. _ Wanted!Dead or Alive Tops qualify for individual seats onJune 4.2018. Administrador del Condado de Collier FREE PICK UP! 239-265-6140 in accordance with Section May 21.2018 =atm No.2019788 �Z 161 1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of Flow Way Community Development District was held on Monday, September 18. 2018. at 3:00 p.m. at the offices of Coleman, Yovanovich & Koester, PA, 4001 Tamiami Train North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: John Wollard Chairman Adam Painter Vice Chairman Andrew Miller Assistant Secretary Chris Nirenberg Assistant Secretary Absent: Stephen Reiter Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Jeremy Fireline District Engineer Tim Hall Turrell, Hall and Associates Tammy Campbell McDirmit, Davis FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Ward called the meeting to order at 3:04 p.m. and all members of the Board were present at roll call with the exception of Supervisor Reiter. SECOND ORDER OF BUSINESS Consideration of the Acceptance of the Resignation of Mr. Tony Burdett Mr. Ward stated he had put a copy of the resignation letter in the Board's agenda package which would be affective, as a matter of law, on June 22, 2018. He called for a motion to accept this resignation. On MOTION made by Mr.r. Miller, seconded by Mr. Nirem b g and with all in favor, the resignation of Mr. Tony Burdett was , accepted. Mr. Ward asked for the Board to consider a replacement for Mr. Burdett's seat. The Board made a motion to appoint John Wollard to this seat. i � P Flow Way Community Development District September 18, 2018 16I1 MOTION made by Mr. Miller, seconded by Mr. Painter, and with all in favor, Mr. John Wollard as a replacement for Seat 1 was approved. Mr. Ward stated Mr. Wollard was present at the meeting, and as Mr. Ward was a notary, he administered the Oath of Office to him. Mr. Ward explained the Statement of Financial Interest to Mr. Wollard. He asked him if he was familiar with CDDs, and Mr. Wollard responded that he was. Mr. Ward provided him with a copy of the Sunshine Laws, and said if Mr. Wollard had questions to please contact him. THIRD ORDER OF BUSINESS Consideration of Resolution 2018-13 Mr. Ward stated this item named the officers of the District. He said the officers could be left as is and the Board could name a Chairman. Mr. Ward called for a motion. A motion was made to name Mr. John Wollard as Chairman. On MOTION made by Mr. Miller, seconded by Mr. Painter, and with all in favor, Resolution 2018-13 and naming Mr. John bWollard as Chairman were approved. p FOURTH ORDER OF BUSINESS Consideration of Minutes August 20, 2018 Mr. Ward stated copies of the minutes had been previously distributed and asked if there were any deletions, corrections or additions. Hearing none, he called for a motion for approval. On MOTION made by Mr. Painter, seconded by Mr. Miller, and with all in favor, the minutes of the August 20, 2018 meeting were approved. FIFTH ORDER OF BUSINESS Consideration of Landowners' Meeting Mr. Ward asked the Board to consider December 18, 2018 at 3:00 p.m. at the offices of Coleman, Yovanovich & Koester, PA as the date, time and location of the Landowners' Meeting for Seat 1, which was the final landowners' seat for the Board. He said he had enclosed in the agenda packet the required disclosure information. which were the instructions, official ballot and proxy. He called for questions, and hearing none, called for a motion. 2I P 16t l Flow Way Community Development District September 18, 2018 On MOTION made by Mr. Painter, seconded by Mr. Miller, and with all in favor, the Landowners' meeting was set as described above. SIXTH ORDER OF BUSINESS Consideration of Resolution 2018-14 Mr. Ward explained this Resolution accepted the conveyance of tracts P-1, P-2, P-3, P-4. P-6 and P-7, which were essentially the preserve area within the boundaries of the District. He said the Resolution also was an acceptance of the Bill of Sale for the transferred improvements, and the Resolution from the Board of Directors of the HOA, and a quit claim deed conveying the transferred interests. He said he had enclosed a copy of the exhibit which had the tracts. He called for questions. Mr. Ward stated the only other thing the resolution did was recognize that the value of the tracts are $18,289,962.50, based on 1.024.82 acres at a price of $17,847 per acre, which was the original land price by the developer. He said this would also satisfy any outstanding obligations of the developer, whether it was a contribution, either financial and/or assets for all of the existing series of bonds that had previously been issued and the anticipated 2018 or any further bond issues beyond that. He said there was also a map attached to the letter from Waldrop identifying the value for the preserve areas. He called for questions, and hearing none, called for a motion. The question was asked if once the transfer was done on the tracts, then would the Water Management District's permits need to be made. Mr. Ward responded positively. ,On MOTION made by Mr. Miller, seconded by Mr. Painter, and °with all in favor, Resolution 2018-14, as described above, was .approved. SEVENTH ORDER OF BUSINESS Consideration of Resolution 2018-15 Mr. Ward stated this Resolution appointed Turrell, Hall & Associates as the Environmental Asset Management and Field Services provider for the District. He said a copy of the agreement and the fee structure was enclosed in the agenda package. He called for questions, and hearing none, called for a motion. On MOTION made by Mr. Miller, seconded by Mr. Painter, and 1 with all in favor, Resolution 2018-15 was approved. EIGHTH ORDER OF BUSINESS Consideration of Award of Bid for Exotic & Nuisance Vegetation Maintenance Wage 16I 1 Flow Way Community Development District September 18,2018 Mr. Ward stated this item awarded the bid for maintenance of the exotic and nuisance vegetation of the 1, 024 acre preserve. He asked Mr. Tim Hall to give information on the bidding along with his recommendation for award. Mr. Hall said he had received bids from only four of the original six companies who had expressed interest. He stated as the preserves would need less maintenance as time went on, he had structured the maintenance on a progressive basis. He said the bids received ranged from $895.000 to $1.37 million. He explained he reviewed the bids on an annual basis and an overall basis. He said there was an issue with the lowest bidder in the way the cost breakdown was presented with 80% of the cost in the first two years with the amount in the last three years being really low. He felt this arrangement would be problematic. He also considered the highest bidder as not responsible as well. He said the two bids in the middle were less than $10,000 apart. He recommended Aquatic Weed Control due to the lower up front cost as well as the lower overall cost. He called for questions. It was asked if Mr. Hall had a working relationship with Aquatic Weed Control, and he said he did. Mr. Ward called for a motion to approve Aquatic Weed Control as the lowest responsive bidder. On MOTION made by Mr. Miller, seconded by Mr. Painter, and with all in favor, Aquatic Weed Control's bid for Maintenance of Exotic and Nuisance Vegetation was accepted. NINTH ORDER OF BUSINESS Consideration of Audited Financial Statements for Fiscal Year 2017 Mr. Ward stated from the firm of McDirmit Davis, Tammy Campbell was on the phone to give this information and review the audited financial statements. He said these statements had been filed as a matter of law. Ms. Campbell stated Page 1 of the audit report showed the District had received an unmodified opinion, the best that can be received. She said Page 5 showed some comparisons of balances between 2016 and 2017. She noted overall assets had decreased $122,000 as a result of decreases in capital assets, which was offset by an increase in investments; liabilities increased $3.9 million primarily due to the new bonds; revenues increased $426,000 due to increased assessments received: expenses increased $4.6 million due to $3.7 million in infrastructure which had been conveyed to the County and reported as an expense. She said Page 12 showed expenses were slightly over budgeted amount. She pointed out Note 4 on P. 22 showed the detail of capital assets; Note 6 showed the details of various bonds; Note 8 disclosed the concentration of revenue received from the developer. She said Page 29 showed the District was in compliance with various laws and regulations. There were no comments or recommendations for improvement, and the District was in compliance with the Florida Statutes on investment of public funds. 4 « <, t6I Flow Way Community Development District September 18, 2018 Mr. Ward called for questions, and hearing none, called for a motion. On MOTION made by Mr. Painter, seconded by Mr. Miller, and with all in favor, the Audited Financial Statements for Fiscal Year 2017 were accepted. TENTH ORDER OF BUSINESS Consideration of Resolution 2018-16 Mr. Ward said this Resolution authorized the acquisition of certain potable water, wastewater and utility facilities from the developer and then transferring of them on to Collier County. Mr. Urbancic said the material which was in the Board's agenda package included the engineer's certificate of standard completion which certified the cost of $262,853.11. He said typically Taylor Morrison would convey to the CDD and the CDD would convey to County. He said in this case bonds had not been issued yet for these particular funds, so there was a promissory note for $262,853.11. He said included was the utility facility bill of sale, the owner's affidavit, utility facility's warranty deed and bill of sale, owner's affidavit, and attorney's affidavit. He said these would be given to Collier County. He said this resolution would approve those documents and authorize him to convey them to the County. Mr. Ward called for questions, and hearing none, called for a motion. On MOTION made by Mr. Painter, seconded by Mr. Miller, and I with all in favor, Resolution 2018-16 was adopted. ELEVENTH ORDER OF BUSINESS Consideration of Resolution 2018-17 Mr. Ward said items 11 and 12 were the start of the special assessments process for the issuance for the next series of bonds. He said the first resolution declared the special assessments and attached an engineer's report and a methodology which were the same as what the Board had seen for the last five bond issues that had been done. Mr. Ward said the second resolution set the Public Hearing. He said this was set for November 7, 2018, at 10:00 a.m. at the offices of Coleman, Yovanovich and Koester, PA. Mr. Ward stated the assessment levels were consistent with past levels with one difference: It financed the Phase 7 Esplanade units which were part of the last series hearings, but the bond issue had not been done, plus the balance of the 2018 project. He said the final change was a new product line was a multi-family Esplanade Large which was to deal with a potential annexation of land by the developer. Other than that, he said the assessment 5I ;. 1 6 I 1 Flow Way Community Development District September 18, 2ui8 levels, the methodology and the engineer's report were consistent with what had been seen in the past. He called questions, and hearing none, called for a motion to adopt. On MOTION made by Mr. Miller, seconded by Mr. Painter, and with all in favor, Resolution 2018-17 was adopted. TWELFTH ORDER OF BUSINESS Consideration of Resolution 2018-18 Mr. Ward said this Resolution set November 7, 2018 as the Public Hearing date, time and location, Wednesday at 10:00 a.m. at the offices of Coleman. Yovanovich, and Koester, PA. jOn MOTION made by Mr. Miller, seconded by Mr. Painter, and dwith all in favor, Resolution 2018-18 was adopted. THIRTEENTH ORDER OF BUSINESS Staff Reports a) District Counsel - No report given. b) District Engineer - No report given. c) District Manager - No report given. FOURTEENTH ORDER OF BUSINESS Supervisors' Requests and Audience Comments There were no supervisor's requests and no audience comments. FIFTEENTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at 3:30 p.m. On MOTION made by Mr. Miller, seconded by Mr. Painter, and with all in favor, the meeting was adjourned. Flow Way Community Development District Wage 16I 1 Flow Way Community Development District September 18, 2018 6W1-0,404eG6A, Jam . Ward, Secretary Adam Painter, Vice Chairman 7IPage 16 Napirs - a u Nriu s PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 NOTICE OF REGULAR MEETIN FLOW WAY COMMUNITY FLOW WAY COMMUNITY D EV.DISTR.JPWA DEVELOPMENT DISTRICT 2900 NORTHEAST 12 TH TERRACE S The Board of Supervisors of me Flow Way Community De- velopment District will hold a OAKLAND PARK,FL 33334 Regular Meeting on Thursday, September 19, 2019 at 1:00 P.M., at the offices of Coleman, Yovanovich & Koester, P.A., 4001 Tandem' Affidavit of Publication Trail North, Suite 300 Naples, STATE OF WISCONSIN Florida 34103 COUNTY OF BROWN The meeting is open to the public and will be conducted in accordance with the provi- Before the undersigned they serve as the authority, sions of Florida Law for Com- personally appeared said legal clerk who on oath says that munity Development Districts. A copy of the agenda for the he/she serves as Legal Clerk of the Naples Daily News. a meeting may be obtained daily newspaper published at Naples, in Collier County, from the office of the District Manager, JPWard 8 Associ- Florida; distributed in Collier and Lee counties of Florida: aces LLC,by calling 954 658 that the attached copyof the advertisingwas 4900. email JimWard@JPWard published in Associates.com or on the Dis- said newspaper on dates listed. Affant further says that the trict's web site at www.floww said Naples Daily News is a newspaper published at aycdd.org at least seven (7) days in advance of the meet- Naples, in said Collier County. Florida. and that the said ing. newspaper has heretofore been continuously published in The meeting may be cancelled said or continued to a date. time Collier County, Florida: distributed in Collier and Lee and location specified on the record at the meeting. counties of Florida, each day and has been entered as second class mail matter at the post office in Naples. in In accordance with the provi- sions of the Americans with said Collier County, Florida. for a period of one year next Disabilities Act, any person re- preceding the first publication of the attached copy of quiring special accommoda- tions or an interpreter to par- advertisement; and affiant further says that he has neither licipate at these meetings paid nor promised any person, or corporation any discount. should contact the District at (954) 658-4900. at least five rebate, commission or refund for the purpose of securing (5) days prior to the date of this advertisement for publication in the said newspaper. the meetings. If you are hear- ing or speech impaired, please contact the Florida Relay Serv- icePublished:September 12,2019 at 1-800-955-8770, for as- sistance in contacting the District Office. If any person decides to ap- peal any decision made with Subscribed and sworn to before on September 12 2019 respect to any matter consid- ered at these board meetings, such person will need a record of the proceedings and such person may need to ensure �?r.2_x,. 1 V I o� .I.;! u_4 that a verbatim record of the proceedings is made at their own expense and which re- Notary,State of WI.County of Brown cord includes the testimony and evidence on which the appeal is based. TARA NlONIJL..00If Nolan/ Pubin Flow Way Community Devel- opment of Wilco= sin opmentDlstrlct State James P. Ward, District Man- ager Sept 12.2019 3760898 My commission expires August 6.2021 Publication Cost $248.50 Ad No:0003760898 Customer No. 1305088 PO 4: Flow Way Reg Meeting A. 161 1 ~ 4 ?�t r6 at rwi NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 1341286 RESOLUTION 2017-2 Pub Dates November 15,2016 1 771 (Sign ure of affiant) giildhodhaidowilindibighinewilbodbidgibmandhoir Sworn to and subscribed before me I ; rirn'i%:, IVONNE GORI This Novemb 23,2016 ( cry: Notary Public-State of Florida • = Commission #r FF 900870 My Comm.Expires Jul 16,2019 I "',43 �0 Bonded through National Notary Assn. 0�11'tl_ •- (Signatur of affiant) • j6t1 • • 0 Naples Daily News Tuesday,November 15,2016 9A RESOLUTION NO.2017-2 C Federal courts will shift DISTRICT)TION OF DECLARING SPEC�IILLOASSESSMEINTS;S OF FLOW WAY INDICATING THE COMMUNITY DEVELOPMENT NATURE ANDI_ ESTIMATED COST OF THOSE IMPROVEMENTS WHICH COST IS TO BE DEFRAYED IN WHOLE OR THE IMPROVEMENTS TO BE DEFRAYED IN WHOLE OR IN PART BY THE AL ASSESSMENTS; ING THE PORTION OF THE ESTIMATED COST OF © to the right under IN PROVIDINGU HSSP SPECIAL ASSESSMENTS SHALL BEDMADE;DESIGNATINGSHALL LANDSI UPON WHICH a) SPECIAL ASSESSMENTS SHNLL BE LEVIED;PROVIDING FOR AN ASSESSMENT PLAT;ADOPTING > RICHARD WOLF particularly crucial role since February, A PRELIMINARY ASSESSMENT ROLL;PROVIDING FORA PUBLIC HEARING TO CONSIDER THE USA TCOAY when Justice Antonin Scalia's death left ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; THIS the Supreme Court with only eight mem- ROVIDpESOLUITION;PROWOING FOORSCONFLICTS:PROVIDING FN SED PUBLIC HEARING; IVERABIIITV;ANOPUBLICgPROVIDING TION OF AN WASHINGTON-The legal world is bers.Republicans'refusal to confirm EFFECTIVE DATE. transfixed with the Supreme Court va- Obama's nominee—Merrick Garland, aA a fV panty President-elect Donald Trump is the chief judge of the D.C.Circuit court WHEREAS,the Board of supervisors of Row Way Community Development District gee•Roam•;hereby poised to fill.But his ter impact,at —forced the justices to leave lower- determines to undertake,;estop,plan,MM.h,construct,r«ondruct enlarge or este..equip.acquire,operate grey pa and,,,,ni,a,oMapuflpcim,.d fly .Jd,,peribedisra,c c.u-FlowWyoom,2iy,,,,,, .nldatrict ,� least in the short run,could come by fill- court rulings on Obama's immigration Vaster Engineer;Report prepared by Waldrop Engineering,Inc.and dated Augud,2013 Nader Engineer; ing vacancies and replacing retiring plan and the power of labor unions intact sawn..supplemented by byA,I.in Flow Way community Development Di..Pnoes Engineer•,Report judges on federal appeals courts that following 4-4 votes. for he 201e Project prepared Waldrop Engineering,Cc,and dated October 20/6 CSupplamemal Engineefe N hear 400 times as many cases, Garland nomination has been peed- rctw oil BOC Ce Masts,Engineer:Repon.nd me supFkmenW E"9"..":Report nro ma".. on fb at Ina Me D[tnet Manager,JPWam S Associates,LLC,2041 NE 9th Terrace Wilton Manors,FL 33306 and at It has taken President Barack Obama ing for eight months,almost twice as the ort¢es of the];Sind Attorney,Coleman,Yoveno h E Ka«ter.PA.,4001 Tam. N.Suite 300,Naples, O nearly eight years to liberalize a major- long as the previous record.But Senate 34 and are incorporated hero re in by reference. es The public improvements associated with Phe 6 and the (F.)� 0 eh1m it.Of those courts.At the end of George Republicans end Democrats view the rip- Pn..5 wolect,and with are more Particularly described in the Supplemental Engineer.Report,are hereinafter W.Bush's presidency,10 of the 13 circuit peals courts as so important that confir- '[renal m a.lha Impm,.menl.•;and courts had a majority of judges nominal- motion battles have stretched longer WHEREAS,vow way Community Dew District Ar."Decal is empowered by Chapter 190.theRI Dew...t M ed by Republican presidents.Today,nine 01811 Two years and led some nominees to unman community oraopm."1Detnot Act of19S0(as amended),Chapter 170,supplem.ttal and nxetaeve m.serf of them have a majority of Democratic withdraw from consideration. Method of Making Local Municipal Improvements,and Chapter 147,Florida Statutes,to finance.N.,plan, _ ..a web!.acquire.construct o reconswct enlarge or extend•equip,operate.and maintain the Improvements presidents'nominees. "Most of the fighting over nomina- i ikely to re- lions will be over those very circuit M,ammpoes.levy.and collect the Assessments per darned below).and I COy verse that advantage injust one term,es- courts,"said Curt Levey,a conservative WHEREAS,Ina 9a.and.that it a in re best'interest of the Dlamd to pay Atli or a portion of the cost of Ina 0 a a1 uj hing Republican control over nine attorney with usticemWorks and the Irmo,o.titlanm..by e.�.VV.learn,aineollecang specmi assessments pursuant to Chapter.no,190,and h at, appeals courts and leaving three others Committee for Justice.Under Trump,he ' U. 2 Cr Ce deadlocked,based on current retire- said,"groups on the right will be agitat- VMenEAa,ra.istrict hereby Ocean"estint benefits will accrue.the propertybenefited bymelmpreveme"u, ment trends, ing both for speed and for filling them the amount of mole benern,.and Cal the Assessments will be mad.In proportion to the benefits received as "He will quickly have an opportunity with the right constitutionalist,textual- .et mil,n mat pen."spmia 041M5Yerl Melnodaogy for Row Way Community Development Diem.,series 10 tip the balance back l0 Ultra-conserve- Isljudge5." 201E-Phase 6 Caoild Improvement Program prepared by JP ward S Associates,LLC and dated Oco e,Erfi • 2016 2016(the'Assessment Report"),a copy of which is maintainsct an Meat the offices of the District Manager, five control over a majority of the cir- Judges named by°barna to federal JP..a A1.o.mea.LC,2001 NE ern Terrace,Wilton Manors,FL 33305 and at the offices of the District Cl) coifs;'said Nan Aron,president of the appellate and district courts overseeing Attorney,c0Nmen,Yova"ovicn S c PA,4001 Temiemi Trail N.,Suite 300.Naples,FL 30103,and which O liberal Alliance for Justice."There will North Carolina,Texas,Michigan and report i.i,tcorp..ted hero"M.m.w,;fie;and he a huge ideological shift in these influ- Wisconsin voted during the recent politi- C WHEREA6,me Damn n.,.by aN.mines leron.wses.manl use laved will not exoesd the banana,o me O ential courts around the country." cal campaign season against restrictions p,ap.Iy benenl.d by lee lmprovm.nts. The projected reversal is crucial be- on voting imposed by Republican legis- N cause while the Supreme Court hears latures.Where Obama's judges had less NOW,THEREFORE,BE IT.RESOLVED BY THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY CD only about 75 cases each term,the rip- influence,such as Ohio and Virginia, DEVELOPMENT DISTRICT THAT: peals courts hear Same 30,000.Only the courts left restrictions on voting in s.cao,t 1. The foregoing r:ilm are hereby incorporated as the findings or the Board, most significant or divisive find their place. sectim z. A,aeesmme shell he Iav;ed m[.fray a portion of me cost of the Improvmanla, O way to the high court,which has slashed Looking ahead,Trump's appeals court a) a_ _ its caseload in recent decades. judges could play major roles in cases Seca.3. The nature and general location or,and plan.am.aecaicn9ons for,the Improvements are •- V C a The U.S.Court of Appeals for the Dis- testing the ability of religious objectors escribed in the Engine..Rep,end memwned on file N Ce elites of COlaman,Yovancumn A Koester,PA., 10 •L trict of Columbia Circuit,in particular, to sidestep government regulations,as Wool Tamiami Trail N.,suite 300,Napes,FL 34103 and the Di.me1 Manager.Office. plays a critical role in determining the well as cases involving the rights of a) en 4. The Mr.,.cod of the Improvement.isnyc,oximatay S10,951236.99(the"Estimated > N U .os Mr.,.ima In legality of administration policies and criminal defendants. The Supreme cost^I, regulations.That court currently is de- Court's decision in June striking down tiding whether to allow°barna%clean abortion restrictions in Texas still leaves imam 9. The Assessments MI defray eppmximateysss,GooDori In bonded i"mbled"ee.which includes, < < air regulations,which would require appeals courts with the job of deciding without limnamn,the Est...Cost,plus financing*Med costa,capita...ere.a dew service reserve and some coal-fired plants to shut down or in- which types of limits to permit. contingency. vest in natural gas,wind or solar power. Another major impact Obama has had Section S. The manner in which he Assessments shall be apportioned and paid is set forth in the Assessment So important is that court to a presi- on lower federal courts could he tested on Iwhin....00n i¢inc heroin by mare"cal,incl..Ow,',,,,tar aupnleme"tei assessment dent's priorities that Senate Democrats under'hump:the increased prevalence 'esol,tion,.Tne A,.e.sment Repot is also avail..on file at Ce offices of Coleman,...rich O.K...P.O., changed the rules in 2013 to prevent Re- of women and minorities.About 43 per- 0001 r miemi van N.,sate 300,Nedes,FL 341o3.nd the Direct e,Iua,r:once. publicans from being able to block low- cent of all his nominees have been wom- ...on 7. The Assessments shell be.vi.d in accordance with the Amur..Report referenced above on er-court confirmations with filibusters. en and 36 percent minorities,surpassing all lots and lands constituting Phase 5,within the D,1st.which are adjoining end contiguous or bounding end CThat cleared the way for Obama to fill previous records under Bill Clinton.s abutting upon the Improvements or specially benefited there.and further designated by the assessment plat three vacancies and install a majority of Republican presidents have nominat- rein"arter IIuOU.d I,,. 1C! the Democratic president's nominees. ed less than half that number.And Sepaana There is on file in the offices of Colman.Yov.nomch 3r Koester.P.A.4001 Tamiaml T,,I N.,Suil. N. The court is the most frequent stepping- Trump's list of 21 potential Supreme 300 Naples,FL 34103 ar.tn.ca.,cl Manage:OMce,an mamma.pa,showing Ina Phse 5 area to be 03 stone to the Supreme Court. Court nominees includes only four mom- ss••••.loth the plans end.y.Cs,atins describing the Improve....the Estimated Coat,as of which shall Federal appeals courts have played a en and three minorities.CO oe open to i".actin"by Tne public. V. Section 9. he District Manager,es caused to be made a preliminary assessment rot,in accordance with CO �( - - -- 1 the method of assessment deacnbed'in the Assessment Repos,which allows the lots and lends essassd Morin CslPhase 5.the amount of benefit to and the Assessment against each lot or parcel of land and the number al annual installments into which...Assessment may be divided,which is hereby adopted and approved a,the District'[ rs 0 preliminary assssment roll. Z U Meet Section 10. Commencing with Ina year in which the Assessments are terrified for collection and subsequent to ;mist ses e caPitalsed t period,the Ae not m ments.hell be Pe.in ore than(SC../yearly inaemen eta: ▪ L. z eon n.Nlm.na shall include principal and interests[Vaunted in accordance with the Assessment Report TM Assamantf shell he payable N the same time end In the same manners are ad-valorem taxes and collected ourauent to Cnecter 197,Florida Statutes;provided,however.that in the event the uniform non ad- L valorem assessment method of....the Assessments is not available to the District In any year.or the District C Janet Evanovich tl is no;,o utilize y l provision of Chapter 147,Florida Sleluts,the Assessments may be �lfw.s as t rmrnes n p.misetl by law. C Season 11. The Board shall adopt a subsequent resolution to fe a time and place at which the owners of roper.m be eaaeasd or erry other persrna 0...therein may appear before the Board and be heard s to L n eprop.y and advisability of the Assessments or the making of the Improvements,the cost thereof,the manner • Z - _ of payment therefore,a,the amount thereof to be asexual against ash propertyas improved;and to authorize JD CL JAN ET su notice and pub...of time as may be required by Chapter 170,Florida statutes,or other applicable law. C oc Sstlenl2. The Uo..Managerishereby c.c.to cabs this resolution to ba Published tw.lone a week C — +— ,or,..,s.(2)wasel in a...per of gee Dal circulation when CWi.County and to provde mailed notices to the • -t "' Owners of the property.. to the proposed Assns..and ouch other not.as may be required by law or L-- A deemed in the beet Interest of the District. Z N O EVANOVICH 9ectlen 13. If any one of tM covenants,agreements or.o sign herein Contained snail be held cenaary to N /O any express provision of law or contract to the policy of expedricw.but not expressly pron..or against Public ii '/^s edict',or shall for any reason whatsoever be hdd invalid,then such covenants,agreements or provision shall be V/ i moll and void and shall be deemed separade from the remaining covenants,agreements or provisions and Mall in __- way effect the validity of the other provision hereof. / 9ectlon 14. NI reeolttiona ar pens In.reof n cowilct nerawitn are,lo the Mont of such conaict superseded Turho,- eemg ,n. �� / Seetlenl6,PASSED AND ED s 16.day of ctober Twely} ?ee �� Report.Incorporated By Reference; CO Book Signing Master Engineer,Report p,eoared by Waldrop Engineering,Inc.and dated August,2013,ss supplemented by that certain Flaw Way Community Ceveopment District Prase 5 Engineer's Repast for the 2016 Project prepared !_ *Waldrop Engineering,Inc.end detect October 20,E 0 Saturday,November 19th,2pm Spec.Amer..Methodology for Row Way Community OevNopment District.Series 2016-Phase 5 Capital N Improvement Program prepared by JPWem aAmolats,LLC end dated October.16 2016 5377 Tamiami Trail i' I —1 tn E Naples(239)598-5200 some In the latest Stephanie Plum novel, L n1 0 cu • • the bounty hunter investigates sabotage ,( S� and murder at an ice cream factory. _ �.a �zau) I 1L i , ♦ L ® BARNES,'' NOBLE _ .' Z BN.COM ; Q . 4 w ace=;== �am' FLOW WAY CDD ''AA CO November 15,2016 ND-1341266 13 irtW e - F.- 16i1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Landowner Meeting of the Flow Way Community Development District was held on Tuesday, December 18, 2018 at 3:00 p.m., at the Offices of Coleman, Yovanovich & Koester, P.A..4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Landowner: Andrew Miller Taylor Morrison Esplanade Naples Also present were: Greg Urbancic District Counsel Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order District Counsel Greg Urbancic called the meeting to order at approximately 3:15 p.m. SECOND ORDER OF BUSINESS Election of a Chairperson for the purpose of conducting the Landowner Meeting Mr. Greg Urbancic stated if the Landowner present approved he would continue as Chairperson for the purpose of conducting today's meeting. There were no objections; it was agreed. THIRD ORDER OF BUSINESS Election of Supervisors a) Determination of the Number of Voting Units Represented or Assigned by Proxy Mr. Urbancic stated the purpose of the Landowner Meeting was to elect one individual to serve in the final landowner's seat for the Flow Way CDD. He stated it had been determined there were 670 votes which would be represented by Taylor Morrison Esplanade Naples who owned 669.12 acres/units within the District. b) Nominations for Supervisors (One Position) Mr. Urbancic called for a nomination for Seat 1. Mr. Andrew Miller nominated himself. There were no other nominations. c) Casting of Ballots 1I 6It Flow Way Community Development District December 18, 2018 Mr. Urbancic instructed Mr. Miller, as the authorized agent on behalf of Taylor Morrison Esplanade Naples,to cast the ballots. d) Ballot Tabulations and Results Mr. Urbancic tabulated the ballots: Mr Andrew Miller received 670 votes and was the candidate elected to fill Seat 1. FOURTH ORDER OF BUSINESS Landowner's Questions or Comments There were no Landowner's Questions or Comments. FIFTH ORDER OF BUSINESS Adjournment Mr. Urbancic adjourned the meeting at approximately 3:18 p.m. Following Adjournment Mr. Urbancic, as a Notary Public of the State of Florida, Administered the Oath of Office to Mr. Andrew Miller in preparation of future Board of Supervisor Meetings, and instructed him to sign said Oath to be forwarded to Mr James Ward. Flow Way Community Development District A James P. rd,Secretary ,Chairperson 2IPa i 6 I 1 " OATH OR AFFIRMATION OF OFFICE I, n AP e„J 1 _t1Itr , a citizen of the State of Florida and of the United States of America, and being an officer of the Flow Way Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Flow Way Community Development District, Collier County, Florida. Signature Printed Name: A nCI.1`e,,,, dM. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this (Z day of De,Q mloe - , 201 , by r)\ , 'tf- , whose signature appears hereinabove, who is personally known to e r who produced ` as identification. Gregory L Urban* •V NOTARY PUBUC NOTARY PUBLIC too -STATE OF FLORIDA '"414::.'. Camn*000174O6 STATE OF FLORIDA Expires 1V21/20120 Print Name: Cr-e.oc\cy l (ActActL My Commission Expires:I 570/I/Q0 16i1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Wednesday, February 6, 2019 at 2:00 p.m., at the Offices of Coleman,Yovanovich & Koester, P.A.,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Andrew Miller Chairperson John Willard Vice Chairperson Adam Painter Assistant Secretary Ronald Miller Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Counsel Audience: Ed Stayley All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order District Manager James P. Ward called the meeting to order at approximately 2:00 p.m.and all members of the Board were present at roll call. SECOND ORDER OF BUSINESS Administration of Oath of Office Administration of Oath of Office for the newly elected Supervisor for Seat 1 from the Landowners Meeting held December 18,2018. a) Guide to Sunshine Amendment and Code of Ethics for Public Officers and Employees b) Membership Obligations and Responsibilities c) Form 1—Statement of Financial Interests Mr. Ward, as a Notary Public of the State of Florida, administered the Oath of Office to Mr. Andrew Miller. Following Administration of the Oath, Mr. Ward asked Mr. Andrew Miller to sign a copy of the Oath and return the signed copy to him for notarization. Mr. Ward stated he would assist Mr. Andrew Miller with the Form 1 and explain the Sunshine Amendment, Code of Ethics, Membership Obligations and Responsibilities later during the Meeting. 1I Flow Way Community Development District February 6, 2019 t6I I THIRD ORDER OF BUSINESS Consideration of Resolution 2019-1 Consideration of Resolution 2019-1 Canvassing and Certifying the Results of the December 18, 2018 Landowners Election. Mr. Ward stated Mr. Andrew Miller was in seat 1 with 670 votes and would serve the final four year term. On MOTION made by Mr. Andrew Miller, seconded by Mr. Adam Painter, and with all in favor, Resolution 2019-1 was adopted as above Land the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Acceptance of Resignation Acceptance of Resignation of Christopher Nirenberg from Seat 5 and consideration of Replacement Member for Seat 5. a) Acceptance of Resignation of Mr. Nirenberg. Mr. Ward stated a copy of the Resignation Letter was enclosed in the Agenda package. He indicated it was effective,as a matter of law,on the date it was submitted. On MOTION made by Mr. Andrew Miller, seconded by Mr. Adam Painter,and with all in favor,the Resignation of Christopher Nirenberg was accepted for the purpose of inclusion in the record. b) Consideration of Replacement Member for Seat 5 Mr. Ward stated the balance of the Board could appoint someone to fill the unexpired term, which was effective through November of 2020. On MOTION made by Mr. Andrew Miller, seconded by Mr. Adam Painter, and with all in favor, John Willard was appointed to fill the unexpired term of Seat 5. c) Oath of Office(to be administered during the meeting) Mr. Ward, as a Notary Public of the State of Florida, administered the Oath of Office to Mr.John Willard. Following Administration of the Oath, Mr. Ward asked Mr. John Willard to sign a copy of the Oath and return the signed copy to him for notarization. 21 161 Flow Way Community Development District February 6,2019 FIFTH ORDER OF BUSINESS Consideration of Resolution 2019-2 Consideration of Resolution 2019-2 declaring a vacancy in Seat 2 on the Board of Supervisors pursuant to Section 190.006(3)(b). Mr. Ward stated Resolution 2019-2 declared a vacancy in Seat 2 on the Board of Supervisors which could then be filled. On MOTION made by Mr. Andrew Miller, seconded by Mr. Adam Painter,and with all in favor, Resolution 2019-2 was adopted as above and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS Consideration of Resolution 2019-3 Consideration of Resolution 2019-3 appointing a qualified elector to fill Seat 2 on the Board of Supervisors pursuant to Section 190.006(3)(b). Mr.Andrew Miller stated Mr.Tom Kleck was appointed to fill Seat 2 through Resolution 2019-3. On MOTION made by Mr. Andrew Miller, seconded by Mr. Ronald `Miller, and with all in favor, Resolution 2019-3 was adopted as above land the Chair was authorized to sign. a) Administration of the Oath of Office for the newly appointed Supervisor for Seat 2 Mr. Ward, as a Notary Public of the State of Florida, administered the Oath of Office to Mr.Tom Kleck. Following Administration of the Oath, Mr. Ward asked Mr. Tom Kleck to sign a copy of the Oath and return the signed copy to him for notarization. b) Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees Mr. Ward asked the newly elected Board Members to read through the Guide to the Sunshine Amendment and the Code of Ethics for Public Officers and Employees. He indicated he would be happy to answer any questions via email or phone call. He reported the Sunshine Amendment essentially stated no two public officials may do business outside of an open noticed public meeting, nor use staff or a member of the public to conduct business which may appear before the Board of Supervisors. He stated if there were any questions related to a matter which might be taken up at a future meeting, the best course of action was to call Mr. Ward or Mr. Urbancic, or hold said questions until a Board of Supervisors Meeting for discussion. He indicated a violation of the Code of Ethics was considered an Ethics Violation, and as such, the Directors and Officers Liability Insurance would not cover the violator for acts committed outside of spoken authority. He explained if a Board Member were charged with an Ethics Violation said Board Member would be required to deal with the issue personally and any cost associated would be the Board Member's responsibility. He noted he had never known a 3I ;> ,, :; I61i Flow Way Community Development District February 6, 2019 Board Member to be charged with an Ethics Violation. He indicated a good rule of thumb was never to talk with other Board Members about District business outside of Board Meetings. c) Membership Obligations and Responsibilities He stated each Member of the Board was allowed to receive a $200 dollar per meeting stipend. He noted the developer Board Members chose to forgo the receipt of that, and as such existing developer Board Members were no longer paid. He indicated most Board Members who were qualified electors chose to receive the $200 dollar stipend. He asked if the qualified elector Board Members chose to receive the stipend. The qualified elector Board Members responded in the affirmative. Mr. Ward stated Staff would be in touch with further paperwork in this regard. A Board Member 13:59 asked how many Meetings were held annually. Mr. Ward responded approximately four Meetings were held annually. He discussed which meetings were typically held when and indicated, if a Member were out of town, said Member could call in for the Meeting. d) Form 1—Statement of Financial Interest Mr. Ward indicated Form 1 was required to be filed with the Supervisor of Elections in Collier County within 30 days of today's date. He explained if a Board Member were to file Form 1 late the Supervisor of Elections had the right to charge a daily fine. He strongly recommended filing Form 1 in a timely manner and keeping a copy of the filing, including the transmittal letter. SEVENTH ORDER OF BUSINESS Consideration of Resolution 2019-4 Consideration of Resolution 2019-4 designating the officers of the Flow Way Community Development District. Mr. Ward noted generally he acted as Secretary and Treasurer, which were administrative positions in nature. He directed the Board to discuss and determine who the Chairperson and Vice Chairperson would be and noted the remaining three Members would be Assistant Secretaries. Discussion ensued and it was determined Mr. Andrew Miller would serve as Chairperson, Mr. John Willard would serve as Vice Chairperson, Mr. Adam Painter, Mr. Tom Kleck, and Mr. Ronald Miller would serve as Assistant Secretaries, and Mr. Ward would serve as Secretary and Treasurer. On MOTION made by Mr. John Willard, seconded by Mr. Andrew 'I Miller, and with all in favor, Resolution 2019-4 was adopted as above and the Chair was authorized to sign. EIGHTH ORDER OF BUSINESS Consideration of Minutes Mr. Ward stated there were two sets of Minutes: the September 19, 2018 Regular Meeting Minutes and the December 18,2018 Landowner Meeting Minutes. a) September 19,2018 Regular Meeting Minutes 4IPage 1611 Flow Way Community Development District February 6, 2019 Mr.Ward asked if there were any additions, corrections or deletions for the September 19, 2018 Regular Meeting Minutes. Hearing none, he called for a motion. 'On MOTION made by Mr. Andrew Miller, seconded by Mr. John Willard, and with all in favor, the Minutes from the September 19, 2018 Regular Meeting were accepted. b) December 18, 2018 Landowner Meeting Minutes Mr. Ward asked if there were any additions, corrections or deletions for the December 18, 2018 Landowner Meeting Minutes. Hearing none, he called for a motion. On MOTION made by Mr. Andrew Miller, seconded by Mr. John I Willard,and with all in favor,the Minutes from the December 18,2018 Landowner Meeting were accepted. NINTH ORDER OF BUSINESS Staff Reports Staff Reports a) District Attorney The District Attorney had no Staff Report. b) District Engineer The District Engineer had no Staff Report. c) District Manager I. Financial Statements October 31,2018(Unaudited) II. Financial Statements November 30,2018(Unaudited) III. Financial Statements December 31,2018(Unaudited) Mr. Ward stated he regularly included Unaudited Financial Statements in the Agenda Packets. He explained he did not normally review the Unaudited Financial Statements, but would review the statements if requested. He indicted he would always point out any items within the Statements of a financial significance related to the CDD. He noted there was nothing of consequence within the current Unaudited Financial Statements. He explained books and records were subject to an Audit annually on September 30; the Audited Financial Statements would be included on the next Meeting Agenda and would be presented by the Auditor. A Board Member 21:50 asked about the Balance Sheet and Bond Issues. Mr. Ward explained the General Fund was the account which paid general bills while Debt Service Funds and Capital Project Funds were related to the various Bond Issues. He explained the source of the 5I - , 6lt Flow Way Community Development District February 6,2019 various funds and the various requirements for each account. He noted the Account Group section included outstanding debt. Discussion ensued regarding the source of income being the CDD portion of the tax bill,tax bill payments, the debt associated with the bonds or general operations, operation and maintenance annual assessments, general operations assessment being $487.68 annually and included on the tax bill. Mr. Ward explained the general operations assessment charge could be raised annually by the Board by up to 8%; this would be discussed and determined during Budget Meetings. He noted if the Board determined the general operations assessment needed to be raised more than 8%, notice was required to be sent to all residents and a public hearing was required to be held in this regard. Discussion ensued regarding capital project funds, left over funds used to prepay Bonds, authorization being required for Bond prepayment, Capital Improvement Bonds, infrastructure from Capital Improvements owned by the District such as the water management system, berms, etc., the difference between the Debt Service Fund and Capital Project Fund, Bonds being sold at a discount or premium and how this affected the books, when Bonds were sold, mortgage payments, what the CDD was financially responsible for, what the Master HOA was financially responsible for, the Master HOA doing a good job with maintenance responsibilities, the CDD being ultimately responsible for maintenance if the Master HOA were remiss in its responsibilities, and the extreme difficulty of beautification of lake banks. Discussion continued regarding Bonds, the various accounts, funds, reserve funds, when Bonds were paid, what Bonds were issued, annual assessments, principle and interest payments, SEC requirements, and the operations budget being relatively fixed. TENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There were no Supervisor's Requests. Mr. Ed Stayley stated he understood the legal conveyance of the preserves and lakes had been made from Taylor Morrison to the CDD relatively recently. He asked if there was still maintenance work to be done by Taylor Morrison on the preserves and lakes. Mr. Ward responded in the negative; Taylor Morrison had fulfilled all responsibilities in regard to the preserves and lakes. Discussion ensued regarding a map of the preserves which was available on the CDD website. ELEVENTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at approximately 3:46 p.m. On MOTION made by Mr. Andrew Miller, seconded by Mr.Tom Kleck, and with all in favor,the Meeting was adjourned. 6Io 16lt Flow Way Community Development District February 6, 2019 Flow Way Community Development District ,11/4�J James Ward, SecretaryAndrew Miller,Chairperson P 7 I , :, 6I1 " apLcii Baiill NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY COMMUNITY DEV. DISTR. 2215327 NOTICE OF REGULAR ME Pub Dates January 25,2019 • 6. L(. 0 .12elai (Sign ture of affiant) __ '' KAAOL E KANGAS ' I n Notify MI K-State of Florida Sworn to and subscribed before me ComnYWon1GG12604l This January 25,2019 i '?a;,'' lane,,,wrph National, WW1 CrAer (Signature of affiant) 16 � NOTICE OF REGULAR MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of the Flow Way Community Development District will hold a Regular Meeting on Wednesday, February 6, 2019 at 2:00 P.M., at the offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North,Suite 300 Naples, Florida 34103 The meeting is open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. A copy of the agenda for the meeting may be obtained from the office of the District Manager, JPWard & Associates LLC, by calling 954 658 4900,email JimWard@ JPWardAssociates.com or on the District's web site at www.flowwaycdd.org at least seven (7) days in advance of the meeting. The meeting may be cancelled or continued to a date, time and location specified on the record at the meeting. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at these meetings should contact the District at(954)658-4900, at least five (5) days prior to the date of the meetings. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800- 955-8770, for assistance in contacting the District Office. If any person decides to appeal any decision made with respect to any matter considered at these board meetings, such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is made at their own expense and which record includes the testimony and evidence on which the appeal is based. Flow Way Community Development District James P.Ward, District Manager January 25,2019 No.2215327 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Supervisors of the Flow Way Community Development District was held on Tuesday, March 19, 2019 at 3 p.m. at the offices of Coleman, Yovanovich & Koester, P.A.,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Mr. Andrew(Drew) Miller Chairman Mr. Tom Kleck Assistant Secretary Mr. Ron Miller Assistant Secretary Mr.John Wollard Vice Chairman Also present were: James P. Ward District Manager Greg Urbancic District Attorney Jeremy Arnold Waldrop Engineering Tammy Campbell McDirmit Davis, CPAs FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Ward called the meeting to order at approximately 3:06 p.m. and all members of the Board were present at roll call. SECOND ORDER OF BUSINESS Consideration of the acceptance of Mr.Adam Painter's resignation Consideration of Acceptance of the resignation of Mr.Adam Painter from Seat three(3)effective February 13,2019 and the appointment to fill the vacancy in Seat three(3). a) Acceptance of Resignation of Mr. Painter. Mr.Ward indicated by law, Mr. Painter's resignation was effective on the date it was submitted to the District and the board should appoint a member to fill the unexpired term. He called for a motion to accept the Mr. Painter's resignation. Mr. Ron Miller asked, for clarification, if Mr. Painter joined the board in February. Mr. Ward confirmed Mr. Painter joined the board last month. Mr. Drew Miller added Mr. Painter was with Taylor Morrison for a few years, but he accepted another offer. ,1On MOTION made by Mr. Andrew Miller, seconded by Mr. Tom Kleck, and with all in favor, the acceptance of Mr. Painter's resignation was • [approved. 1I , Flow Way Community Development District March 19, 2019 6 ' b) Consideration of the Appointment to fill the unexpired term of office for Seat 3. Mr. Ward called for a motion to appoint a replacement member for Seat three (3), and the name of the individual. Mr. Drew Miller named Mr. Timothy Martin as Land Development Vice President for Taylor Morrison. On MOTION made by Mr. Drew Miller to appoint Mr. Timothy Martin to fill the unexpired term of Seat 3,seconded by Mr.Wollard,and with ';all in favor,the motion was approved. c) Oath of Office(to be administered during the meeting) d) Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees e) Form 1—Statement of Financial Interest Mr. Ward stated Mr. Martin was not in attendance; therefore, the administration of the Oath of Office would be deferred until the next meeting or be administered outside the current meeting. Mr. Drew Miller stated Mr. Martin would attend the next meeting. THIRD ORDER OF BUSINESS Consideration of Resolution 2019-6 Consideration of Resolution 2019-6 re-designating the officers of the Flow Way Community Development District. Mr. Ward stated this Resolution re-designated the officers of the Flow Way Community Development District; the current officers were as follows: Mr.Andrew Miller, Chairman Mr.Tom Kleck,Assistant Secretary Mr. Ron Miller, Assistant Secretary Mr.John Wollard,Vice Chairman He stated Mr. Adam Painter had served as an Assistant Secretary. He explained the Board had the right to reorganize the Board in totality or simply appoint Mr. Tim Martin to serve as an Assistant Secretary. He noted Mr. Martin could not hold the position of Chair or Vice Chair as he was not present. He indicated the Board could defer assigning posts at this time if it preferred. Mr. Drew Miller stated it would be fine for Mr. Martin to hold the Assistant Secretary position. FOURTH ORDER OF BUSINESS Consideration of Minutes February 6,2018 Regular Meeting Minutes 2I 16 � t Flow Way Community Development District March 19,2019 Mr. Ward noted each member received a previously distributed copy of the minutes. He asked if there were any additions,corrections or deletions for the February 6, 2018 Regular Meeting Minutes. Hearing none, he called for a motion. On MOTION made by Mr. Andrew Miller, seconded by Mr. John Wollard, and with all in favor, the February 6, 2018 Regular Meeting „Minutes were approved. I FIFTH ORDER OF BUSINESS Consideration the Audited Financial Statements for Fiscal Year 2018 Mr. Ward stated Ms. Tammy Campbell with the auditing firm McDirmit Davis, would give the Audit Report. Ms. Campbell summarized the report stating assets increased approximately $2 million, which was due largely to capital asset additions; liabilities increased approximately $3.5 million due to additional bonds issued during the year; revenue increased approximately $370,000 due to developer contributions for capital projects received; and expenses decreased by approximately $2 million, mainly due to the decreased value of assets conveyed to other governments during the year. She stated the district received an unmodified opinion, which was the highest obtainable rating. She concluded the audit report and asked the Board if there were any questions. Mr. Ron Miller asked for clarification of the financial obligation, asset allocation and acquisitions by the developer, Taylor Morrison, in relation to the role of the CDD (Community Development District), highlighting notes in the Audit Report on the developer's percentage (77%) of financial responsibility for the assets. Mr. Campbell explained part of the information regarding the assets was the assessment revenue paid on the land, individual lots, and not necessarily the fixed assets under construction. They(who is they? The CDD?Taylor Morrison? Please clarify this.)were responsible for a portion of that. Mr. Drew Miller added the period was October 1, 2017 through September 30, 2018. Their share today was much less,given the number of closings which had taken place since that time. A board member stated (12:12) prior to the sale of the lot to an end user Taylor Morrison was responsible for the payment of the assessment, both the debts of the fund and the general fund. With no additional questions, Mr. Ward called for a motion to accept the article for purposes of inclusion. On MOTION made by Mr. Andrew Miller, seconded by Mr.Tom Kleck, f and with all in favor, the motion to accept the audited financial I statements for fiscal year 2018 was ap•proved. SIXTH ORDER OF BUSINESS Staff Reports 3I td Flow Way Community Development District March 19,2019 a) District Attorney There was no District Attorney Report. b) District Engineer Mr. Jeremy Arnold had no official report. However, he advised the Board there was an encroachment on a part of the 1,000 acres of preserved land, owned by the CDD, by an adjacent property owner. He stated his department was currently working with regulatory agencies to rectify the issue. He explained no action was needed by the Board at this time and he would keep the Board abreast of any changes. c) District Manager No report. SEVENTH ORDER OF BUSINESS Supervisors' Requests and Audience Comments There were no supervisors' requests and no audience was present. EIGHTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at 3:20 p.m. On MOTION made by Mr. Andrew Miller seconded by Mr. Tom Kleck, and with all in favor,the meeting was adjourned. Flow Way Community Development District James, .Ward, District Manager Andrew Miller, Chairman 4 • 1 6 I 1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Wednesday,April 16, 2019 at 3:00 p.m.,at the Offices of Coleman,Yovanovich&Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Drew Miller Chairperson John Wollard Vice Chairperson Tim Martin Assistant Secretary Ronald Miller Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Audience: Tom Coffee All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order District Manager James P.Ward called the meeting to order at approximately 3:04 p.m. and all members of the Board were present at roll call. SECOND ORDER OF BUSINESS Administration of Oath of Office Administration of Oath of Office for Mr.Tim Martin Mr. Ward indicated Mr. Tim Martin submitted his original Oath of Office; therefore the Oath of Office did not need to be administered. He stated Mr. Martin was now a sitting Member of the Board. THIRD ORDER OF BUSINESS Consideration of Resolution 2019-6 Consideration of Resolution 2019-6 re-designating the officers of the Flow Way Community Development District. 1jPage t611 Flow Way Community Development District April 16, 2019 Mr. Ward stated currently the officers were Mr. Drew Miller as Chairman, Mr. Tom Kleck as Assistant Secretary, Mr. Ronald Miller as Assistant Secretary, Mr. John Wollard as Vice Chairman and Mr. Tim Martin was newly selected. He indicated the Board could reorganize the officer's positions as it deemed appropriate. Mr. Drew Miller suggested keeping the Board's structure as it was and adding Mr. Tim Martin as an Assistant Secretary. The Board concurred. fOn MOTION made by Mr. Drew Miller,seconded by Mr.John Wollard, land with all in favor, Resolution 2019-6 was adopted as above and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Consideration of Minutes March 19,2019 Regular Meeting Minutes Mr. Ward asked if there were any additions, corrections or deletions for the March 19, 2019 Regular Meeting Minutes. Hearing none, he called for a motion. On MOTION made by Mr.John Wollard,seconded by Mr. Drew Miller, and with all in favor, the Minutes from the March 19, 2019 Regular Meeting were accepted. FIFTH ORDER OF BUSINESS Staff Reports Staff Reports a) District Attorney No Report. b) District Engineer No Report. c) District Manager Financial Statements February 28,2019(Unaudited) Mr. Ward stated he had no report unless there were questions regarding the Financial Statement. Mr. Ron Miller asked if the General Fund, Invested Funds, Reserve Account and Amount Available in Debt Services Balances reflected cash amounts in the bank. Mr. Ward responded in the affirmative; all bank accounts held cash, unless a "due to/due from" was indicated. Mr. R. Miller asked if the Reserve Account funds were invested in money market accounts. Mr. Ward responded in the affirmative; these were trust accounts, restricted 2IPage i 6 I I Flow Way Community Development District April 16, 2019 investments and were invested generally in "overnight" bank accounts. He explained these invested accounts did not earn much, less than 1% generally. Mr. R. Miller stated Federal Money Market accounts were yielding around 2.3%, which was more than twice what these accounts were currently earning. He asked if a change could be made to take advantage of higher yield rates. Mr. Ward responded the monies in the revenue accounts flowed out on May 1, and then again on November 1;therefore, it was difficult to take advantage of money market rates as the outflow would prevent full earning. Mr. R. Miller asked if there were other options to be considered. Mr. Ward responded the Board was limited in its investment options; accounts were required to be AAA securities, and the funds were much less from May until November annually. He stated he would research other options if Mr. R. Miller wished. Discussion ensued regarding US Bank, the type of security required, restrictions, and liquidity. Mr. R. Miller stated he believed there was an opportunity to increase investment yields and wished to investigate further. Mr.Ward indicated he would research options. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr.Ron Miller:Discussion of meeting with Executive Director of CREW. Mr. Ron Miller stated he wished to discuss the external preserves within the Community Development District,yet outside the general development. He stated he did not have any level of certainty regarding the preserves; he was in a discovery phase and wished to know more. He stated Esplanade as a community had gone through a lengthy and tortuous legal experience over a 10 year period regarding environmental implications, as several different developers wished to build a development in the Esplanade area:the Toll Brothers,then I.M. Collier and finally Mirasol (a.k.a.Taylor Morrison). Mr. Drew Miller stated Taylor Morrison purchased the property from Mirasol. Mr. Ron Miller reported the developers were challenged by various environmentalists. He stated on 07/24/2007 Judge Donald Alexander ruled in favor of I.M. Collier as the Judge believed the development I.M. Collier proposed would not negatively affect the environment and may improve it. He read from the judgment: "the preserve areas included 846.95 acres external preserve area to the north and northeast of the area to be developed" and reported it was anticipated that this northern preserve area would ultimately be donated to an existing mitigation area known as the Corkscrew Regional Ecosystem Watershed, otherwise known as CREW, along with an interest bearing fund to ensure perpetual management. He noted more litigation followed this judgment. He stated in August 2012 a Public Announcement was made by the Audubon Society,National Wildlife Federation,Conservancy of Southwest Florida: "Mirasol has committed to donating a bulk of the onsite preserves, over 1,000 acres, after restoration, and if accepted, to the Regional Wetland and Habitat Resources Partnership Project called the Corkscrew Regional Ecosystem Watershed (CREW) or other public entity." He stated he believed Mirasol was Taylor Morrison, but he was unsure. He stated recently he came across sales disclosure information from Taylor Morrison which was now on the sales contract, but this was not present in his sales contract. He asked if the firm was involved in changing the sales disclosure language. Mr. Drew Miller responded in the negative. He explained he understood this sales disclosure was included in the original sales contracts, but the contract software was changed and as a result there were a handful of contracts which did not include the sales disclosure; however, this was fixed and the disclosure was again included. Mr. Ron Miller read the disclosure: "Esplanade Golf and Country Club of Naples has conservation preserve areas consisting of approximately 36 acres of onsite, and 1,087 acres of offsite conservation areas. In the future the offsite conservation areas may be conveyed either to a public, 3 ; page 161 1 " Flow Way Community Development District April 16, 2019 local, state or federal entity, or an environmental conservation group such as the CREW Land and Water Trust, a private nonprofit conservation organization dedicated... ...If the offsite conservation area is conveyed to another entity,seller will attempt to retain a passive recreation easement over the existing pedestrian trails for continued use by the owners; however, there is no guarantee that such an assessment will be granted. If the offsite conservation areas are conveyed to a receiving entity such as CREW the trails could be opened to the general public." He stated he wished to know what would happen with the offsite conservation area. He noted Taylor Morrison had conveyed this acreage to the CDD and the CDD now owned the acreage. He asked if the CDD was legally obligated to give this conservation area to CREW or another entity, could CREW demand the preserves and what would happen with the nature trails. He pointed out the 2007 ruling also indicated the preserve acreage would be donated with an interest bearing fund to ensure continued maintenance. He stated Mr. Tim Hall, a consultant, provided information which indicated the escrow account should be a non-wasting account able to generate sufficient funds to maintain the preserve in perpetuity. He noted Mr. Hall had indicated based on recent bidding this would equal $100 dollars per acre, per year; therefore, an account would need to be large enough to generate approximately$109,000 dollars per year. He stated long term Treasury Bonds, 30 year Treasury Bonds, had an interest rate around 2.5% to maybe 4.25%, which would require a fund balance of approximately 2.5 million dollars to 3 million dollars in order to generate $109,000 dollars annually. He stated he was unsure if this was actually legally required; he was still just investigating. He stated he believed it was important to figure out what was to happen with these preserves. Mr. Drew Miller stated private and public conservation entities always hoped for a perpetual entity to maintain conservation lands. He stated Taylor Morrison was at some point involved with this, but this project had many different developers considering this land. Mr. Ron Miller stated at some point Taylor Morrison took ownership of the land, including the preserves, and in 2018 Taylor Morrison conveyed the property to the CDD. He asked who would ultimately be the owner of the conservation property and who would fund it, because if the CDD was required to fund this land, then the CDD needed to ask Taylor Morrison for the funding. Mr. Drew Miller noted the CDD intended to maintain this preserve in perpetuity;therefore,the land would not go to CREW. Mr. Ron Miller stated if the CDD were required to maintain this property in perpetuity then the CDD should keep the property private for the enjoyment of the CDD residents. Mr. Ward noted for the CDD to continue to maintain the property in perpetuity, and keep it private, it would cost each home approximately $93 dollars per year, which he believed was a fair price. Mr. Ron Miller indicated he was in favor of the CDD retaining ownership, but worried the CDD might eventually lose control of the property and be required to donate it with funding. Mr. Drew Miller stated the CDD could request further legal opinion, but he understood the idea was for either CREW or a public entity to take this responsibility on in perpetuity. He explained the CDD was the public entity which would continue ongoing preservation maintenance, and only a Board action to give the preservation area away would change this. Discussion ensued regarding the disclosure. Mr. Drew Miller stated he believed the disclosure was satisfied; Taylor Morrison was to transfer the preserves either to CREW or a public entity, which was done when it was transferred to the CDD, a public entity. Mr. Ron Miller asked Mr. Drew Miller to obtain clarification from Taylor Morrison. He requested CDD Counsel to provide a written opinion regarding the community preserves; an opinion to specifically address the obligation of the CDD to turn over preserves to CREW or any other agency at any future time. He asked to know if there was an obligation to turn over the preserves if requested by CREW or other agency at any future time, as well as whether existing walking trails were included or excluded from any turnover, and to address any funding obligation of any turnover. He asked counsel to provide sites when providing the written opinion. Mr. 41Page 161 1 Flow Way Community Development District April 16,2019 Drew Miller stated he believed it would be beneficial to have Taylor Morrison give its opinion in this regard. Mr. Ron Miller stated he still wished to have Counsel's opinion. Mr. Drew Miller suggested asking the land use attorney,who worked for the CDD,to address this matter. Mr. Ron Miller stated the land use attorney could consult with Counsel and share information, but he still wished to have a written opinion for clarification purposes. Mr. Urbancic stated the land use attorney was his partner. On MOTION made by Mr. Ron Miller, seconded by Mr. Drew Miller, and with all in favor, the request to have Counsel provide a written opinion regarding the community preserve and the obligation of the CDD to turn over said preserves, including potential funding obligations,was approved. Mr. Drew Miller stated the walking trails were not within the preserve area, but residents could walk out into the preserves. Mr. Ron Miller thanked the Board for its attention to this matter. Mr. Tom Coffee stated the map included in his paperwork clearly indicated the trail was located within the District property,as well as corners and pieces of the preserves. He stated in his business endeavors over the years he had always done due diligence to be certain of all sales and purchases prior to completion of sales. He asked why the CDD had accepted property without ensuring all liabilities, contingent or otherwise,were covered. He stated if land use counsel for Taylor Morrison was a partner in this firm, and CDD counsel was a partner in this firm, it was pointless to complete separate review assessments. Mr. Ward explained intent in Florida: a public entity was required to maintain whatever facility it was given, utilities, preserves, roads, etc.; Districts throughout Florida consistently accepted preserve areas as a District was defined by law as a public agency. He explained under the stipulation Ron Miller mentioned, the CDD met the obligation of being able to take ownership of the preserve because the CDD was a public agency, and the CDD would not be obligated to give the preserve to CREW. He explained the funding obligation was written into the disclosure in case the preserve land went to CREW and CREW needed the money to maintain the preserves; however, the preserves did not go to CREW, the preserves went to the public agency (Flow Way Community Development District) for overall operation and maintenance. He stated the CDD had no obligation to give the preserves to CREW. He stated there was significant case law which indicated the CDD could not give the preserves to CREW regardless as it was a private not for profit agency. He explained Taylor Morrison, as a private company, could have given the preserves to CREW, but a public agency such as the CDD was not able to give the land to a private agency. Mr. Coffee stated he believed the CDD accepted this preserve land without ensuring the maintenance was funded properly and the CDD created a liability for itself as a result. He asked what the trade-off was in accepting this liability. Discussion ensued regarding all properties accepted were liabilities including lakes, lakes being within the district and the preserves being outside the District. Mr. Coffee asked why the CDD would accept the preserve lands if the preserve lands created a liability. Mr. Ward explained it benefitted the overall development and benefitted the community to accept the preserve lands to keep them private; CREW would have had the right to make the lands public. Mr.Coffee stated he disagreed as the land could not be developed, being preserves, and the trails were not included on the preserve property. He stated he felt the CDD should not have accepted the preserve lands. Mr. Ward indicated all public agencies in Florida accepted public facilities such as roads, utilities, parks, preserves, etc., for operation and 5IPage 1b11 � Flow Way Community Development District April 16,2019 maintenance on a long term basis. Mr. Coffee asked if the CDD could donate the preserves to another entity. Mr. Ward responded in the affirmative; the preserve land could be donated to another public entity, but not a private entity. Mr. Coffee asked if another public entity, such as the County would accept the preserve lands. Discussion ensued regarding the County not having the funds to maintain the preserves, the CDD being formed to manage the onsite infrastructure within the development,the CDD having the right to own lands outside the boundaries of the District, and CDD's being created to maintain public infrastructure for communities. Mr. Coffee asked who was on the Board at the time this preserve land was accepted by the CDD. He stated he wondered how many Board Members were also Taylor Morrison representatives. Mr. Ward stated all Board Members would have been representatives of Taylor Morrison. Mr. Coffee asked if this was a conflict of interest. Mr. Ward responded in the negative. Mr. Coffee listed the facilities owned and maintained by the CDD. He noted there were several of these facilities owned by the CDD which were maintained by the HOA. He asked why this was. Mr.Ward explained the HOA was not required to maintain the facilities, it chose to through an agreement with the CDD, but the HOA chose not to maintain the preserve area due to the complicated nature of the maintenance. Mr. Coffee asked if an independent engineer reviewed the design of the residential irrigation systems, stormwater management, lakes and ponds, ensuring these facilities were constructed according to specs, prior to the CDD acquiring these. Mr. Ward stated County Water certified all water facilities. Mr. Coffee stated he understood there were residential irrigation systems which were not working properly along some streets due to filters not being designed properly and snails were getting into the system. He stated there had been procrastination regarding fixing this. He stated he believed this problem might be due to a design flaw. He asked if the HOA assumed any responsibility for this. Mr. Ward responded in the affirmative. Mr. Coffee stated the CDD was ultimately held responsible and he wondered if there was any recourse if it was discovered that the design plans were flawed. Mr. Drew Miller stated the agreement with the HOA indicated the HOA was responsible for all maintenance; however, if there was capital renewal or replacement of components in the system, then this would be the obligation of the CDD. He explained this was not an atypical arrangement, but every community was different. He stated at this point it was necessary to determine exactly what the problem was. Mr. Coffee asked if, when the CDD accepted the residential irrigation systems, the contract indicated the CDD was assuming the facilities based on the facilities being properly built and maintained and did the CDD have recourse if this was not the case. Mr. Drew Miller responded in the negative. Mr. Coffee asked what the CDD's means of recourse was if there were flaws in facilities it acquired. Mr. Greg Urbancic responded Mr. Coffee was asking hypothetical questions which he could not answer as a blanket statement. He explained all circumstances were different and would be analyzed and approached as such. He noted the CDD owned assets which would never bring in money, but money would be spent to maintain the assets for the benefit of the community. He stated Mr. Coffee was asking good questions, but he could not give a blanket answer as there were too many variables to consider. Mr. Drew Miller stated Taylor Morrison was required to fulfill certain steps throughout the permit process which ensured the developer's obligations were satisfied and the CDD would not be accepting facilities with subpar construction. An Audience Member 58:02 stated on page 2 of the Maintenance Agreement between the CDD and HOA it read: "The Association agrees to meet with the District's representative no less than 1 time per month to walk the property, discuss conditions, schedules, terms of concern regarding this agreement..." He asked if this ever happened. Mr. Ward responded in the negative; the language was 6I 16l 1 Flow Way Community Development District April 16,2019 for the District's benefit if it chose to enforce this point. He explained the agreements were standardized, but none of his Districts had ever enforced this. The Audience Member 59:35 asked about the provision that annually the association would certify in writing to the District Manager, with copies to the Chair of the Board of Supervisors and District Counsel, its compliance specifically with its duties under the agreement. Mr.Ward responded in the negative. Discussion ensued regarding the contracts, Mr. Urbancic and Mr. Ward not micromanaging the HOA, the CDD being informed of capital problems and fixing said problems. The Audience Member 1:02:40 stated it seemed the Agreement listed specific happenings which signified a cooperative effort between the CDD and HOA which simply did not happen. Discussion ensued regarding the CDD being ultimately responsible for lake maintenance, the HOA working on behalf of the CDD, lake maintenance not being required early on with newer Districts, maintenance coming into play as time passed and/or hurricanes caused damage, and homeowners being responsible for property up to the lake bank edge. Mr. Ward explained HOA's were not required to do much in the way of maintenance besides spraying lakes to prevent algae buildup or weed growth. He explained this continued until restoration became necessary at which point responsibility fall back onto the CDD as the CDD had substantively more technical expertise and ability to perform restoration of a capital asset. An Audience Member 1:07:10 asked if reserve funds were being set up to pay for upcoming restorations. Mr. Ward responded in the negative. He explained the CDD had assessment authority and would assess over time in the future when needed. Discussion ensued regarding reserve funds and future problems with lake banks. Mr. Coffee stated he believed it would be better to build a reserve fund for future problems and he listed the reasons he felt this was important. He stated he felt the preserves were accepted without due diligence. He stated he believed all contracts and agreements should be followed to the letter to prevent litigation. He stated he believed there was too much intertwining between the HOA and the CDD. Mr. Ward stated Mr. Coffee should not be concerned regarding intertwining; there were no conflicts of interest. He stated the HOA took care of minor simple maintenance such as spraying the lakes and looked to the COD for capital restoration work. He indicated he did not foresee any difficulties with this arrangement. Mr. Coffee stated lake maintenance was more than just spraying the lake, sometimes trees would be removed by the HOA and plantings would be made. He stated last hurricane several trees fell into his lake and the HOA removed them. An Audience Member 1:18:15 asked why some lakes had weeds and plants growing along the banks, while other lake banks were barren. Discussion ensued regarding littoral plantings, environmental factors affecting growth and non growth, seasons affecting growth, and being unable to control bank plant growth. Mr. Ward stated he had a request to change the date of the Board Meetings. Discussion ensued regarding possible Board Meeting dates and the need to have at least three Board Members present to constitute a quorum. It was determined the next Board Meeting would be held on Thursday, May 16, 2019 at 1:00 p.m. Mr.Ward stated he would create a resolution labeled 2019-7 to this effect. 7IPage 1 6 I 1 Flow Way Community Development District April 16, 2019 On MOTION made by Mr. Drew Miller, seconded by Mr. Tom Kleck, and with all in favor, the request to change the next Board Meeting date to Thursday, May 16, 2019 at 1:00 p.m. (Resolution 2019-7) was approved. SEVENTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at approximately 4:28 p.m. On MOTION made by Mr. Drew Miller, seconded by Mr. Tom Kleck, and with all in favor,the Meeting was adjourned. Flow Way Community Development District Q iJ.o rat J es P.Ward,Secretary Drew Miller,Chairperson 81Page 1611 OATH OR AFFIRMATION OF OFFICE dTNJ L• A 2't 1>J, a citizen of the State of Florida and of the United States of America, and being an officer of the Flow Way Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Flow Way Community Development District, Collier County, Florida. Signature Printed Name: " 1 i V'1""T(4 ' t- ilLA A &T�� STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this day of 4/)(1 I , 2019, by Timothy Martin , whose signature appears hereinabove, who is personally known to me or who produced as identification. ae---beldt" Notary Public Slate or Florida NOTARY PUBLIC : ` Deborah K Belckett MyGommissionFF246140 STATE OF FLORIDA 45, EXPIre6 G811412019 Print Name: 10ra-k My Commission Expires: g' I y'ae PI le l l MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, May 16, 2019 at 1:00 p.m. at the offices of Coleman,Yovanovich& Koester, P.A.,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Drew Miller Chairperson John Wollard Vice Chairperson Tim Martin Assistant Secretary Ronald Miller(phone) Assistant Secretary Tom Kleck(phone) Assistant Secretary Also present were: James P.Ward (phone) District Manager Greg Urbancic District Counsel Jeremy Fireline District Engineer Audience: Tom Coffey Ed Stahley Martin Winters All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order District Manager James P. Ward called the meeting to order at approximately 1:00 p.m.and all members of the Board were present at roll call. SECOND ORDER OF BUSINESS Consideration of Minutes April 16,2019 Regular Meeting Minutes Mr. Ward asked if there were any additions, corrections or deletions for the April 16, 2019 Regular Meeting Minutes. Hearing none, he called for a motion. LLandOn MOTION made by Mr.John Wollard, seconded by Mr. Drew Miller, with all in favor, the Minutes from the April 16, 2019 Regular 1 Meeting were accepted. 1I 16 I 1 Flow Way Community Development District May 16, 2019 THIRD ORDER OF BUSINESS Consideration of Resolution 2019-8 Consideration of Resolution 2019-8 amending 2018-12 Setting the Board Meeting dates, times and location for the balance of the Fiscal Year 2019 which ends on September 30,2019. Mr. Ward stated Resolution 2019-8 considered changing the time, date and location of Board Member Meetings. He reported the possibility of holding Meetings at the Amenity Center 8906 Torre Vista Lane, Naples, FL was discussed previously. He noted if the Board wished to move Meetings to this location a time and date needed to be determined. Mr. Drew Miller asked if Mr. Ward had coordinated with Brittany to determine a time. Mr. Ward responded in the negative. Discussion ensued regarding speaking with Brittany regarding acceptable Meeting dates and times prior to approving Resolution 2019-8, holding Meetings on the third Thursday of each month, and tabling this Item. The Board agreed to table this Item. Mr. Ward stated he would coordinate with Brittany and email the Board regarding the date and time of the next Meeting. FOURTH ORDER OF BUSINESS Consideration of Resolution 2019-9 Consideration of Resolution 2019-9 Approving the Proposed Fiscal Year 2020 Budget and setting the Public Hearing on Thursday, August 20, 2019 at 3:00 P.M. at the offices of Coleman, Yovanovich & Koester,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Mr. Ward stated the Budget was required to be approved for the purpose of setting a Public Hearing date; approving the Budget at this point did not bind the Board to the programs or costs within the Budget. He stated he coordinated with Brittany to schedule the Public Hearing Meeting August 20, 2019 at 3:00 p.m. at the Amenity Center of the Esplanade Golf and Country Club in Naples. Mr. Ward briefly reviewed the Budget which was unchanged as compared with last year's Budget. He noted on page 1 through page 5 was the General Fund Budget and was exactly the same as in the prior year with an assessment of $487.68 per unit for each of the 1,157 units for Fiscal Year 2020. He explained while the cost of the maintenance of the preserve area went up and down dramatically on a yearly basis he created a reserve for future operations in an effort to keep the amount the same annually. He stated on page 6 through page 21 were the Bond Debt Service Funds and he briefly reviewed the Funds. He noted page 22 was a summary of the entire Budget which listed the General Fund,the Debt Service Fund, and the total which would be paid by Bond Series. Mr. Tom Coffee asked about the number of units. Mr. Ward explained 1,157 units was the number of potential units which could be constructed, exclusive of the Hatcher Units, including portions of Esplanade which were not built at this time. He stated this number would only change if Taylor Morrison did not build the total units. He stated the 1,157 units applied only to the General Fund; the Bond Series unit numbers were different. Discussion ensued regarding the number of units. Mr. Ronald Miller asked about the possibility of a better interest rate on cash funds. Mr. Ward responded he was in the process of investing the Reserve Funds in a five (5)year breakable Certificate of Deposit at 2.75%which met the requirements of the Trust Indenture. He explained it was necessary for the CD to be breakable. He noted he had not yet identified any new investment opportunity 2I 1611 Flow Way Community Development District May 16, 2019 appropriate for the Revenue Account. Mr. R. Miller aske:t ;f there were penalties associated with breaking the breakable CD if necessary. Mr.Ward responded in the negative. Mr. R. Miller asked about the possibility of money market funds or AAA commercial paper for the Revenue Accounts. Mr. Ward responded in the negative regarding money market funds; he noted he was still investigating possible options. He explained the money in the Revenue Accounts were present in full for approximately five (5) months annually. Mr. R. Miller stated commercial paper might be a good option. Mr. Ward noted he would take this into consideration. He stated he and the Trustee were investigating possibilities which might meet the indenture requirements. Mr. Tom Coffee asked about the internal and external preserve properties and maintenance costs. Mr. Ward explained the CDD only maintained preserve property which was owned by the CDD. Discussion ensued regarding when the external preserve property was transferred and the costs incurred upon said transfer. Mr. Ed Stahley asked about the phrase "external preserves." Discussion ensued regarding "external preserves" referring to the preserves which were located outside the footprint of the Community, internal preserves being located within the footprint of the Community, the CDD being transferred ownership of the external preserves in 2018. Discussion ensued regarding the Public Hearing date and time. Mr. Ward amended the Resolution as follows: Consideration of Resolution 2019-9 Approving the Proposed Fiscal Year 2020 Budget and setting the Public Hearing on Thursday, August 22, 2019 at 3:00 P.M. at the Esplanade Golf and Country Club,8918 Torre Vista Lane, Naples,Florida 34119. On MOTION made by Mr. Drew Miller, seconded by Mr. Tom Kleck, and with all in favor, Resolution 2019-9 was adopted as above and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Consideration of Retention of Counsel Consideration of Retention of Cheffy Passidomo as counsel to review the documents related to the transfer of the preserves from Taylor Morrison to the District. Mr. Ward reported at the last Meeting the Board discussed obtaining a legal opinion in regard to the abundant documents related to the preserves. He explained Mr. Greg Urbancic's office may have a conflict of interest with respect to any legal opinions. He stated Cheffy Passidomo, a well-known law firm in the Naples area, proposed to review the preserve documents. He noted the proposal was included in the Agenda Packet. Mr. Drew Miller suggested tabling hire of an attorney at this point. He stated Taylor Morrison contacted Lewis, Longman and Walker who were listed on many of the documents and had completed the permitting for the preserves. He explained through Lewis, Longman and Walker, Taylor Morrison could amend the permit to clarify the preserves would stay in perpetuity with the CDD, eliminating the possibility of CREW demanding ownership of the preserves. He stated he understood there was a desire for the CDD to pursue Taylor Morrison for $4.2 million dollars for preserve maintenance; however, Taylor Morrison was unwilling to relinquish $4.2 million dollars to the CDD as the CDD was designed to 3I 16I1 Flow Way Community Development District May 16, 2019 work in situations such as this. He stated he and Taylor Morrison felt the Community as a whole benefitted from the CDD owning and maintaining the preserve. Mr. Ronald Miller stated he disagreed and felt an outside legal opinion was still important. Mr. Tom Coffee stated he read the Court Summary regarding the preserve area which he felt indicated the Court clearly intended for CREW to take the preserves in perpetuity with an escrow fund whereby the financial stability was assured. He noted he did not recall there being an option to transfer the preserves to another entity. He stated as CREW and South Florida Water Management were intimately involved with the legal process over the years, he wished to have a representative of CREW and South Florida Water Management opine regarding the legal documents. Discussion ensued regarding Mr. Coffee's recommendation, the various other entities involved with this project who recommended donation/transfer to CREW,and the importance of discovering where the CDD stood legally. Mr. Drew Miller suggested asking specific questions of counsel to narrow the scope of research. Mr. Ward stated outside counsel was being asked specifically if the CDD had the right to continue to own the preserves in perpetuity, did another entity have the right to procure the preserves, would the CDD be held responsible in any way for the funding requirement, and would the CDD retain ownership of the current walking trail if another entity procured the preserves. Mr. Drew Miller noted the trail was outside preserves borders. Mr. Ward asked who owned the trail currently. Mr. Drew Miller stated he was unsure, but he believed if Taylor Morrison still owned the trail it would be deeded to the HOA this year. Discussion continued regarding the trail, the preserves, the contract property owners signed discussing the trail/preserve area, the language within said contract,the preserves being considered a Community amenity, the cost of preserve maintenance, who was responsible for the funds to maintain the preserves, how the preserves benefited the Community,the fact that the existence of the preserves was required by law, the environmental assessment of the preserves, the Memorandum of the Settlement Agreement imparting Notice of Covenant and Release of the Covenant, and discussion with Lewis, Longman and Walker being a good first step. Mr. Ronald Miller requested a copy of the Memorandum of the Settlement Agreement be distributed to the CDD. Mr. Drew Miller agreed. Discussion ensued regarding a cap for attorney fees. Mr. Ward stated if Cheffy Passidomo were retained, he would attempt to keep the fees as low as possible. Discussion ensued regarding attorney fees. On MOTION made by Mr. Ronald Miller,seconded by Mr. Drew Miller, t and with a 4 to 1 vote (Mr. Tom Kleck voted nay), retention of Cheffy Passidomo as counsel to review the documents related to the transfer of the preserves from Taylor Morrison to the District was approved. SIXTH ORDER OF BUSINESS Staff Reports Staff Reports a) District Attorney 4 I 16 I 1 Flow Way Community Development District May 16, 2019 There was no Report from the District Attorney. b) District Engineer There was no Report from the District Engineer. c) District Manager I. Financial Statements March 31,2019(Unaudited) There were no questions or comments regarding the unaudited Financial Statements of March 31, 2019. II. Report on the Number of Registered Voter's in the District Mr. Ward noted Statute required the District to determine the number of registered voters within the District by April 15'h yearly. He reported there were 649 Registered Voters in Flow Way. He explained this was applicable once two Statute thresholds were met, one was "six years from date of establishment" and the other was "250 qualified electors." He noted Flow Way met both thresholds; the elections began to transition last year and would continue over the next few years towards Registered Voter status. He stated the next election would be in November 2020. He stated Mr. Wollard's and Mr. Martin's seat would be vacated in 2020. He stated there was no action required by the Board; this information was provided as a matter of law. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr.Ronald Miller—Request to discuss preserves. Mr. Ronald Miller reported he had discussed the preserves at the previous Meeting; subsequently he discovered a significant amount of additional information. He noted the repeated use of the words "permittee" and "applicant" seemed only to apply to Taylor Morrison, not to the CDD, and any funding requirement seemed to be Taylor Morrison's responsibility. He noted he was untroubled by the idea of the CDD owning the preserves, but was worried about the possibility of the CDD being held responsible for funding preserve maintenance while not maintaining ownership. He read excerpts of the various court cases involved and reviewed his findings. He noted the transfer to the public management agency was to be done within six (6) months following litigation. He noted the maintenance Escrow Fund endowment was required to include extensive specific funding types such as fencing, insurance, monitoring fees, fire prevention, etc., and he believed it was clearly indicated Taylor Morrison was required to cover the Escrow Fund. He stated the Biological Report by Hall Associates reviewed the Escrow Fund as well. He read "the donation of the preserves to an entity specifically charged with property maintenance and preservation in lieu of perpetual management by a home owners association would be more appropriate" and stated he felt this meant the preserve was to be donated to an entity such as CREW or Southwest Florida Water. He read "maintenance and management of the preserve areas were the responsibility of the owner and developer in perpetuity" which he believed clearly indicated Taylor Morrison. He read "once restorations activities have met the success criteria the 5I 16I1 Flow Way Community Development District May 16, 2019 preserve will be offered to CREW or another suitable land management entity along with the escrow funds to perpetually maintain the preserve." He stated he believed this statement meant CREW or a similar entity was to take control of the preserves; however, he wished to obtain a professional legal opinion, especially to ensure the CDD would never be responsible for the escrow funding requirement. He reported turning the property over to the CDD in the fall of 2018 was a premature conveyance of the property. He noted he felt the property should have been turned over to the HOA or the CDD only after Taylor Morrison met the 90%sale bar, and only until such time as the property could be turned over to CREW or another such agency. He stated he wished to have an attorney's opinion in this regard as well. He stated he believed Taylor Morrison had full financial responsibility to bring the preserves up to the standards indicated in mitigation. He stated he believed the CDD should never have spent, nor should spend in the future a penny to bring the property up to the mitigated responsibility laid on Taylor Morrison. Mr. Drew Miller stated he would not support hiring an attorney to determine whether Taylor Morrison turned the property over prematurely. He suggested bringing in Mr. Tim Hall for discussion. He stated he believed Taylor Morrison had brought the preserves up to a maintenance only position. Mr. Ronald Miller agreed; Mr. Ward should contact Mr. Tim Hall regarding the mitigation process and timeline. He asked Mr. Drew Miller to discuss the situation with Taylor Morrison and provide feedback at the next Board Meeting. Mr. Drew Miller agreed. Mr. Drew Miller noted Taylor Morrison hired Lewis, Longman and Walker and intended to move forward with ensuring that the permits were properly amended regarding the CDD and CREW. He stated it was Taylor Morrison's opinion, once the success criteria was met, the burden to maintain the property would then fall to the CDD. Mr. Ron Miller stated if Taylor Morrison was indicating the CDD was an authorized public agency which could keep the preserves in perpetuity the documents specifically indicated Taylor Morrison was required to provide an escrow fund to said public agency (which in this case was the CDD). Mr. Drew Miller stated he was not an attorney, but he understood it was the intent of Taylor Morrison to amend the permits so the perpetual responsibility belonged to the CDD while no entity which was not financially able (such as CREW) could take responsibility of the perpetual maintenance. Discussion ensued regarding the attorneys making this determination regarding the escrow fund. Mr. Ron Miller suggested obtaining a warranty and an indemnity contract from Taylor Morrison which absolved the CDD from the escrow fund in perpetuity. Mr. Drew Miller stated he would discuss this with Taylor Morrison's internal counsel. Mr. Coffee stated he was concerned about where funding to maintain the preserves would originate. He stated he believed the CDD should engage South Florida Water Management System and CREW in conversation to determine said entity's positions. He intimated he believed Taylor Morrison was attempting to shift liability without funding and amending permits without approval from the entities with knowledge of the court cases. He stated Mr. Drew Miller needed to have a clear stance on what Taylor Morrison's legal and moral position was. Mr. Drew Miller responded Taylor Morrison's moral position was if Taylor Morrison were to establish a large escrow fund for perpetual maintenance it would be more beneficial to put the preserves into the hands of another entity (such as CREW). He stated Taylor Morrison believed, with the upcoming changes of flow through the area by the State, the CDD would benefit from maintaining control of the preserve property. Mr. Coffee asked what Mr. Drew Miller felt "a non wasting escrow fund being funded by the plaintiff' meant. Mr. Drew Miller stated he understood Mr. Coffee's point and was not arguing the language in the document. He stated Taylor Morrison wished to ensure the property and preserves were maintained in perpetuity by an entity which had the financial ability to maintain said preserves in perpetuity. 6 I a7 .. 16I1 -• Flow Way Community Development District May 16, 2019 Mr. Ronald Miller stated he understood Mr. Drew Miller's point; however, he believed the Courts determined the preserves would be owned by CREW or Southwest Water Management and there would be an escrow fund provided. He stated while he did not disapprove of the CDD owning the preserves in perpetuity, he did not believe it was an option; he believed the CDD was a transitory owner and said ownership would come to an end 6 months following mitigation. Mr. Drew Miller indicated Taylor Morrison had hired Lewis, Longman and Walker to ensure compliance of the requirements for the property. Mr. Coffee stated he was less concerned about who owned the preserves and more concerned about who was required to fund the preserves with an escrow fund. Discussion ensued regarding the escrow fund, the settlement, determining what the courts intended, and liability. Mr. Drew Miller stated Taylor Morrison would not leave the matter open ended in any way and would do due diligence in this regard. Mr. Ronald Miller stated he did not believe this would be a simple matter. Discussion ensued regarding whether CREW would fight for the preserve and the escrow account,and the circular language in the court documents. Mr. Drew Miller stated the CDD would obtain a legal opinion from Cheffy Passidomo while Taylor Morrison would continue with Lewis, Longman and Walker. He stated Taylor Morrison's intent was not to leave the CDD with a huge liability; it intended to leave the CDD with the perpetual maintenance ONM obligation on the preserves. Mr. Coffee stated he felt Mr. Drew Miller's statement was contradictory. Discussion ensued regarding Mr.Coffee's position. Mr. Ronald Miller stated he felt it was important for Cheffy Passidomo and Lewis, Longman and Walker to be in communication. Mr. Drew Miller concurred. EIGHTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at approximately 2:40 p.m. On MOTION made by Mr. Drew Miller,seconded by Mr.John Wollard, and with all in favor,the Meeting was adjourned. _ zs_ f gyp Flow Way Community Development District /Al'iA71 Jamesard,Secretary Andrew Miller,Chairperson 7 � 6I 1 '� ? apLr3 4JMt rwE NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# FLOW WAY 2272803 NOTICE OF REGULAR ME Pub Dates May 2,2019 • dfidtt (7Y0-61a1 (Sign ture of affiant) RirdffirderdWriddirliriabilibrilrat KAROLEKANGAS fi Notarg -State of Florida Sworn to and subscribed before me ;• CommItsonRGGl26O4I This May 03,2019 j `''? My Cornm.Expire j landscillenghNallonalNalariAsa(Signature of affiant) NOTICE OF REGULAR MEETING 1 ' i FLOW WAY COMMUNITY i DEVELOPMENT DISTRICT The Board of Supervisors of the Flow Way Community Development District will hold a Regular Meeting on Thursday,May 16,2019 at 1:00 P.M.,at the offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300 Naples,Florida 34103 The meeting is open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. A copy of the agenda for the meeting may be obtained from the office of the District Manager, JPWard & Associates LLC, by calling 954 658 4900,email JimWard@ 1PWardAssociates.com or on the District's web site at www.flowwaycdd.org at least seven (7) days in advance of the meeting. The meeting may be canceled or continued to a date, time and location specified on the record at the meeting. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at these meetings should contact the District at(954)658-4900, at least five (5) days prior to the date of the meetings. If you are hearing or speech impaired, please contact the Florida RelayService at 1-800- 955-8770, for assistance in contacting the District Office. If any person decides to appeal any decision made with respect to any matter considered at these board meetings, such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is made at their own expense and which record includes the testimony and evidence on which the appeal is based. Flow Way Community Development District James P.Ward,District Manager i‘ t6l1 ` MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday,June 20, 2019 at 1:00 p.m.at the offices of Coleman,Yovanovich &Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Drew Miller Chairperson John Wollard Vice Chairperson Tim Martin Assistant Secretary Ronald Miller(phone) Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Counsel Jeremy Fireline District Engineer Misty Taylor Bryant, Miller,Olive Tim Hall Turrell, Hall and Associates Jackie Larocque Waldrop Engineering Audience: Ed Staley All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order District Manager James P.Ward called the meeting to order at approximately 1:09 p.m. and all members of the Board were present at roll call. SECOND ORDER OF BUSINESS Consideration of Minutes May 16,2019 Regular Meeting Minutes Mr. Ward asked if there were any additions, corrections or deletions for the May 16, 2019 Regular Meeting Minutes. Hearing none, he called for a motion. 1I :, . . 16l1 Flow Way Community Development District June 20, 2019 On MOTION made by Mr. Tim Martin, seconded by Mr. John Wollard, and with all in favor, the Minutes from the May 16, 2019 Regular Meeting were accepted. 1. THIRD ORDER OF BUSINESS Consideration of Resolution 2019-10 CONSIDERATION OF RESOLUTION 2019-10 OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DEVELOPMENTDISTRICT DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHICH COST IS TO BE DEFRAYED IN WHOLE OR IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYED IN WHOLE OR IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. Ward stated Resolution 2019-10 was the start of the final stage of the special assessment process for Flow Way CDD for the remaining land to be developed by Taylor Morrison within the context of the District itself. He noted this was a two step process and described the process for the newer Board Members, which included declaration of special assessments, determination of assessment cost, Public Hearing,followed by finalization of the special assessments, and bond issuance. Mr. Jeremy Fireline stated he and Jackie Larocque were with Waldrop Engineering. He stated he prepared an Engineer's Report which was in support of the series 2019 bond issuance. He stated the total cost of Phase 8 of the development was just under $11.5 million dollars and included portions of the surface water management system, the potable water system, wastewater system, irrigation, exterior landscaping, buffering around the community, off-site improvements, environmental mitigation, professional fees and permits required. He reported these were public infrastructure improvements and were a portion of an overall master plan for the community. He explained how the costs were estimated. He reported Waldrop Engineering felt the improvements were necessary and sufficient to provide the benefit to the District, were consistent with local permitting guidelines, and were consistent with other residential communities. Discussion ensued regarding the location of Phase 8, the maps which illustrated Phase 8, and the main street into Esplanade being located within the District, but not being a financed improvement because this was a gated community and as such the road was private and not financed with District bonds. Mr. Ed Staley asked about off-site improvements. Mr. Fireline responded off-site improvements included roadway improvements which did not lie within the District boundaries, but were necessary to serve the development and District as a whole. 2 I - 6 I 1 Flow Way Community Development District June 20, 2019 Mr. Ward explained special assessment methodology, which took the costs associated with the project and added the preliminary financing costs to determine an estimated par amount of bonds. He explained initially all the assessments were levied on an unplatted acre basis, and as property was developed the unplatted acre was assigned according to how it was developed as single family, multifamily, etc. He noted his report included Phase 7, with 36 multifamily units, on page 30 of the report, and included the Hatcher Property Annexation which had 34 single family units (page 31). He reported when the bonds were issued the funds for the annexed property would be segregated into a separate bank account. He noted if the Hatcher Property was never annexed into the District the proceeds would be utilized to call bonds within a 12 month period of time after issuance. He explained the Total Paydown (found on page 27). He stated the estimated bond issue amount, at this point, was roughly $10,450,000 dollars based on an interest rate of 5%. He noted these numbers would change in a good way,as the market was trending down. Mr. Ward noted Resolution 2019-10 declared the special assessments and indicated location, nature and estimated cost of the improvements, etc. Mr. Greg Urbancic distributed an amended copy of the Resolution which reflected the total estimated cost as pulled from the updated methodology ($11,491,810.93 dollars) out of which $8,716,610.93 dollars would be financed, defraying approximately $10,450,000 dollars in assessments. He asked the Board to adopt revised Resolution 2019-10 On MOTION made by Mr. Drew Miller,seconded by Mr. Tom Kleck, ;and with all in favor, Resolution 2019-10 was adopted as revised above and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Consideration of Resolution 2019-11 CONSIDERATION OF RESOLUTION 2019-11 OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD ON TUESDAY,JULY 25, 2019 AT 1:00 P.M. AT THE OFFICES OF COLEMAN, YOVANOVICH & KOESTER, P.A., 4001 TAMIAMI TRAIL NORTH,SUITE 300, NAPLES, FLORIDA 34103, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON IMPOSING SPECIAL ASSESSMENTS ON CERTAIN PROPERTY WITHIN THE DISTRICT GENERALLY DESCRIBED AS THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH CHAPTERS 170, 190 AND 197,FLORIDA STATUTES;AND PROVIDING AN EFFECTIVE DATE. Mr. Ward stated Resolution 2019-11 set the Public Hearing for Thursday, July 25, 2019 at 1:00 p.m. and set in place a procedure of notification to all property owners within the assessment (identified on page 32 of the report). Mr. Ronald Miller asked if the Board Members were required to attend the Public Hearing. Mr. Ward responded in the affirmative; a quorum was required. He noted Mr. Ronald Miller was permitted to call in to the Public Hearing. „On MOTION made by Mr. John Wollard, seconded by Mr. Tom Kleck, and with all in favor, Resolution 2019-11 was adopted as above and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Consideration of Resolution 2019-12 31 16 1 1 Flow Way Community Development District June 20, 2019 CONDIDERATION OF RESOLUTION 2019-12 OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DEVELOPMENT DISTRICT ADOPTING POLICIES AND PROCEDURES RELATING TO THE PUBLIC'S OPPORTUNITY TO BE HEARD; DESIGNATING PUBLIC COMMENT PERIODS; DESIGNATING A PROCEDURE TO IDENTIFY INDIVIDUALS SEEKING TO BE HEARD; ADDRESSING PUBLIC DECORUM; ADDRESSING EXCEPTIONS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Mr. Ward reported Resolution 2019-12 adopted a set of policies and procedures for the Boards consideration with respect to how Board Meetings were to be conducted. He noted when many individuals spoke at the same time or when an individual did not identify themselves prior to speaking, it was impossible to record accurate minutes. He reported these policies were standard protocol for governmental agencies. He gave examples of protocol which included the chairperson or presiding officer recognizing an individual wished to speak, requiring a speaker's name for the record, and limiting public comments to a maximum of three minutes per any one item and three minutes total for any non- agenda item. He stated the Board may or may not choose to respond to the public regarding any item. He noted these rules applied to Board and the public, but primarily was written for the public audience. He stated the Agenda would change to reflect addition of a Public Comments portion. On MOTION made by Mr. Tim Martin, seconded by Mr. Drew Miller, and with all in favor, Resolution 2019-12 was adopted as above and t_he Chair was authorized to sign. �, SIXTH ORDER OF BUSINESS Consideration of Resolution 2019-13 CONSIDERATION OF RESOLUTION 2019-13 OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DEVELOPMENT DISTRICT RESCINDING RESOLUTION 2018-17 WHICH RESOLUTION, AMONG OTHER THINGS, DECLARED SPECIAL ASSESSMENTS AND THE MANNER IN WHICH SAID SPECIAL ASSESSMENTS WOULD BE MADE, AND CALLED FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID SPECIAL ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR SEVERABILITY,PROVIDING FOR CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Ward reported Resolution 2019-13 rescinded all actions as related to Resolution 2018-17 which in essence was the same as Resolution 2019-10. He explained this was being done to clean up the record. — - - --n —MOTION made by Mr. John Wollard, seconded by Mr. Tom Kleck—,-1 ;anrd with all in favor, Resolution 2019-13 was adopted as above and 1 the Chair was authorized to sign. SEVENTH ORDER OF BUSINESS Consideration of Resolution 2019-14 CONSIDERATION OF RESOLUTION 2019-14 OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DEVELOPMENT DISTRICT RESCINDING RESOLUTION 2018-18 WHICH RESOLUTION, AMONG OTHER THINGS, SET A PUBLIC HEARING FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON IMPOSING SPECIAL ASSESSMENTS; PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 4I 16I1 Flow Way Community Development District June 20, 2019 Mr. Ward reported Resolution 2019-14 rescinded all actions as related to Resolution 2018-18 which in essence was the same as Resolution 2019-11. He explained this was being done to clean up the record. jOn MOTION made by Mr. Drew Miller, seconded by Mr. Tim Martin, " and with all in favor, Resolution 2019-14 was adopted as above and the Chair was authorized to sign. EIGHTH ORDER OF BUSINESS Consideration of Resolution 2019-15 CONSIDERATION OF RESOLUTION 2019-15 OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $(11,000,000) AGGREGATE PRINCIPAL AMOUNT OF ITS FLOW WAY COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, SERIES 2019 (PHASE 7 AND PHASE 8 PROJECTS), IN ONE OR MORE SERIES (THE "SERIES 2019 BONDS"); DETERMINING CERTAIN DETAILS OF THE SERIES 2019 BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A SIXTH SUPPLEMENTAL TRUST INDENTURE; AUTHORIZING THE NEGOTIATED SALE OF THE SERIES 2019 BONDS; APPOINTING THE UNDERWRITER; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT WITH RESPECT TO THE SERIES 2019 BONDS AND AWARDING THE SERIES 2019 BONDS TO THE UNDERWRITER NAMED THEREIN PURSUANT TO THE PARAMETERS SET FORTH IN THIS RESOLUTION;APPROVING THE FORM OF AND AUTHORIZING THE DISTRIBUTION OF THE PRELIMINARY LIMITED OFFERING MEMORANDUM AND ITS USE BY THE UNDERWRITER IN CONNECTION WITH THE OFFERING FOR SALE OF THE SERIES 2019 BONDS AND APPROVING THE EXECUTION AND DELIVERY OF A FINAL LIMITED OFFERING MEMORANDUM; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT AND THE APPOINTMENT OF A DISSEMINATION AGENT,A TRUE-UP AGREEMENT,AN ACQUISITION AGREEMENT, AN ASSIGNMENT AGREEMENT,AND A COMPLETION AGREEMENT; PROVIDING FOR THE APPLICATION OF SERIES 2019 BOND PROCEEDS; AUTHORIZING THE PROPER OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE SERIES 2019 BONDS; MAKING CERTAIN DECLARATIONS; APPOINTING A TRUSTEE; PROVIDING FOR THE REGISTRATION OF THE BONDS PURSUANT TO THE DTC BOOK-ENTRY SYSTEM; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Ms. Misty Taylor with Bryant, Miller, Olive stated Resolution 2019-15 was a Bond Delegation Resolution. She explained when this District was formed a Master Bond Resolution was adopted which approved bonds to be issued over time, not to exceed a certain amount. She noted several series of the bonds in the Master Bond Resolution had been issued, with this being the final series. She reported the resolution authorized the financing team to implement the transaction and approved the various documents which were needed. She briefly reviewed said documents,which included a Trust Indenture, Underwriter Contract, Offering Memorandum, Continuing Disclosure Agreement, and various ancillary documents which included an Acquisition Agreement, True-up Agreement, Completion Agreement, and Collateral Assignment. She stated Resolution 2019-15 would delegate to the Chair the ability to sign various documents, particularly the Bond Purchase Contract. 5 � t6II Flow Way Community Development District June 20, 2019 On MOTION made by Mr.Tim Martin,seconded by Mr.Tom Kleck,and with all in favor, Resolution 2019-15 was adopted as above and the Chair was authorized to sign. NINTH ORDER OF BUSINESS Consideration of Resolution 2019-16 CONSIDERATION OF RESOLUTION 2019-16 OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING THE ACQUISITION OF CERTAIN POTABLE WATER AND WASTEWATER UTILTY FACILITIES FOR PHASE 5, PARCEL I FROM THE DEVELOPER, TAYLOR MORRISON ESPLANADE NAPLES,LLC AND AUTHORIZING THE CONVEYANCE OF SUCH POTABLE WATER AND WASTEWATER UTILITY FACILITIES TO COLLIER COUNTY; AUTHORIZING THE CHAIRMAN OR THE VICE CHAIRMAN (IN THE CHAIRMAN'S ABSENCE) TO EXECUTE SUCH CONVEYANCE DOCUMENTS TO THE EXTENT NECESSARY TO EVIDENCE THE DISTRICT'S ACCEPTANCE AND CONVEYANCE; PROVIDING FOR SEVERABILITY,PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Ward stated there were circumstances in which the District needed to acquire certain utility facilities identified in an Engineer's Report to the District in advance of bond issuance and issue a Promissory Note to the Developer for the cost of the infrastructure associated with the utility facilities subject to the issuance of the debt. He noted Resolution 2019-16 included the Bills of Sale and Warranty Deeds from Taylor Morrison, Esplanade, Naples, LLC to Flow Way CDD and also the Warranty Deed and Bill of Sale from the CDD to Collier County, along with a Promissory Note to codify the financial part of the transaction which occurred at the time of bond issuance. On MOTION made by Mr. Tom Kleck, seconded by Mr. Drew Miller, I and with all in favor, Resolution 2019-16 was adopted as above and the Chair was authorized to sign. TENTH ORDER OF BUSINESS Consideration of Resolution 2019-17 CONSIDERATION OF RESOLUTION 2019-17 OF THE BOARD OF SUPERVISORS OF FLOW WAY COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING THE ACQUISITION OF CERTAIN POTABLE WATER AND WASTEWATER UTILTY FACILITIES FOR PARCEL K3 AND K4 FROM THE DEVELOPER, TAYLOR MORRISON ESPLANADE NAPLES,LLC AND AUTHORIZING THE CONVEYANCE OF SUCH POTABLE WATER AND WASTEWATER UTILITY FACILITIES TO COLLIER COUNTY; AUTHORIZING THE CHAIRMAN OR THE VICE CHAIRMAN (IN THE CHAIRMAN'S ABSENCE) TO EXECUTE SUCH CONVEYANCE DOCUMENTS TO THE EXTENT NECESSARY TO EVIDENCE THE DISTRICT'S ACCEPTANCE AND CONVEYANCE; PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Ward reported Resolution 2019-17 was the same as Resolution 2019-16, but for a different location. He called for a motion. I On MOTION made by Mr. Drew Miller, seconded by Mr. Tom Kleck, and with all in favor, Resolution 2019-17 was adopted as above and the Chair was authorized to sign. 6I i6IIM Flow Way Community Development District June 20, 2019 ELEVENTH ORDER OF BUSINESS Staff Reports Staff Reports a) District Attorney There was no Report from the District Attorney. b) District Engineer There was no Report from the District Engineer. c) District Manager I. Financial Statements May 31,2019 (Unaudited) There were no questions or comments regarding the unaudited Financial Statements of May 31, 2019. II. Update on Cheffy Passidomo retention and status of legal opinion on Preserves. Mr.Ward stated Cheffy Passidomo which was the law firm retained for the legal opinion relative to the preserve area would be on the Agenda for next month's Meeting. He noted he had several conversations with Cheffy Passidomo and understood Cheffy Passidomo was doing due diligence in regards to research and discovery. He stated he looked forward to hearing the presentation. III. Update by Tim Hall (Turrell and Associates)on the operations of the preserves. He asked Mr.Tim Hall to give an update on the preserves. Mr.Tim Hall with Turrell, Hall and Associates reported the preserve area was broken down into five different areas as per the Water Management District (WMD) permitting reviews. He reported overall the preserves were in good condition; the contractor, in terms of maintenance, had made his way through the wading bird foraging areas, the internal preserves,the western preserve, and was approximately three quarters of the way through the northern preserves. He stated the internal preserve district(within the development boundary)just received the final sign-off from the WMD which meant,while continued maintenance was still required, the WMD no longer required submission of a written monitoring report for the internal preserve. He noted the wading bird preserve area required two more years of monitoring reports, the western preserve required three more years of monitoring reports,and areas 4 and S(northern preserves and section 11 preserves) required another four years of monitoring reports to be submitted to the Water Management District. Mr. Ron Miller asked if"original mitigation" which he defined as removal of all exotic species(such as melaleuca trees)was completed throughout the entire preserves. He asked if"maintenance mitigation" had been entered. Mr. Hall explained there were four types of mitigation: 1) preservation of the land through a conservation easement(which was 7I 1611 ' Flow Way Community Development District June 20, 2019 completed); 2) removal of exotics(which was completed); 3) habitat restoration of the areas negatively impacted by exotics removal;and 4)keeping the preservation clear of exotics in perpetuity. He stated the reestablishment of the native habitat was underway naturally; no supplemental plantings were required at this time. He stated keeping the preserves clear of exotics in perpetuity was considered part of maintenance; however, the first few years after initial clearing of exotics this was at a higher cost due to growth of unseen seeds and seedlings, but as time passed the cost for this type of maintenance would be reduced. Mr. Ron Miller noted there were several documents which indicated Taylor Morrison was responsible to provide a permanent escrow account to provide funding for the continued maintenance of the preserves. He noted specifically the Turrell, Hall and Associates reports indicated the preserves were to be turned over to an environmental agency and Taylor Morrison was to provide the funding. He asked what might have prompted Turrell, Hall and Associates to include this in its reports. Mr. Hall responded at the time the project was initially going through the permitting process,the district and the court were not excited about the idea of the preserves going to a home owner's associations because of compliance issues and the inability of an HOA to maintain a large preserve area. He stated all the documents he wrote signified the preserves would be "offered to" not"given to" the environmental agencies because there was no guarantee at the time that any environmental agency would accept the preserves. He stated the escrow account was to be set aside if the preserves were given to an entity such as CREW which did not have the ability to levy funds and could not afford to finance preserve maintenance. He reported since that time the agencies involved had become more comfortable with entities like CDDs managing preserves. He stated once the preserves became "clean" which would be in four years,the preserves could be offered to CREW, but it would be the responsibility of whichever entity was currently responsible for the preserves to finance preserve maintenance. Mr. Drew Miller reported Tim Turrell, as well as Lewis, Longman and Walker, had been hired to modify the permits to state the CDD would maintain ownership in perpetuity. He noted this process could take up to a year to complete. Mr. Ron Miller stated he looked forward to hearing from Cheffy Passidomo next month. He discussed the documents which indicated Taylor Morrison was required to hold an escrow account in perpetuity for preserve maintenance. He stated he did not believe this could be changed and felt Taylor Morrison was permanently responsible for maintenance financing, unless Taylor Morrison took the case to court for appeal. Discussion ensued regarding the differing court cases,the language used in the cases, and learning more about this at next month's meeting. TWELVTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ed Staley asked if it was a generally accepted practice for the developer to turn over the preserves to the CDD once the first two phases of mitigation were completed. He asked at what point it was appropriate for the turn over to occur. Mr. Hall responded this varied widely and turn over from the 81 Flow Way Community Development District June 20, 2019 developer to the development could happen at any time. He stated the responsible party (for the preserves)was required to be compliant with the permit. THIRTEENTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at approximately 2:07 p.m. F-________________ n MOTION made by Mr.Tim Martin,seconded by Mr.Tom Kleck,and ith all in favor,the Meeting was adjourned. _ _ __ ._�1 Flow Way Community Development District James .Ward,Secretary Andrew Miller,Chairperson Wage NapLci Battu News PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 NOTICE OF REGULAR MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of the Flow Way Community De- FLOW WAY COMMUNITY DEV. DISTR.JPWA velopment District will hold a Regular Meeting on Thursday, 2900 NORTHEAST 12 TH TERRACES June 20, 2019 at 1:00 P.M., at the offices of Coleman, Yovanovich & Koester, P.A., OAKLAND PARK,FL 33334 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 Affidavit of Publication The meeting is open to the public and will be conducted STATE OF WISCONSIN in accordance with the provi- sions OF BROWN of Florida Law for Corn- COUNTYmunity Development Districts. A copy of the agenda for the Before the undersigned they serve as the authority meeting may be obtained from the office of the District personally appeared Vicky Felty who on oath says that she Manager, JPWard & Associ- ates LLC,by calling 954 658 serves as a legal clerk of the Naples Daily News a daily 4900. email JimWard@JPWard newspaper published at Naples in Collier County Florida. Associates.com or on the Dis- trict's web site at www.floww distributed in Collier and Lee counties of Florida.that the aycdd.org at least seven (7) attached copy of the advertising was published in said days in advance of the meet- newspaper on dates listed.Affrant further says that the said irig. Naples Daily News is a newspaper published at Naples.in The meeting may be cancelled said Collier County,Florida,and that the said newspaper has or co to a e , time and location specifieddte on the heretofore been continuously published in said record at the meeting. Collier County, Florida,distributed in Collier and Lee In accordance with the provi- counties of Florida, each day and has been entered as sions of the Americans with e- second class mail matter at the post office in Naples, in Disabilities Act, any person quiring special accommoda- said Collier County. Florida.for a period of one year next lions or an interpreter to par- ticipate at these meetings preceding the first publication of the attached copy of should contact the District at advertisement and affiant further says that he has neither (954) 658-4900. at least five paidme nor promised any person or corporation any discount. (5) days n to the date - the meetinggsr s. If you are hearr- rebate. commission or refund for the purpose of securing ing or speech impaired, please this advertisement for publication in the said newspaper contact the Relay as- ice at 1-800-955-8770, forr as- sistance in contacting the June 7,2019 District Office. • T (3`v'9 It any person decides to ap- peal any decision made with respect to any matter consid- ered at these board meetings, Subscribed ands rn to before on June 10 2019 such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is made at their l)(11 ._ Y v 1 ovx( c c ? own expense and which re- Notary. State of WI County of Brown cord includes the testimony and evidence on which the appeal is based. Flow Way Community Development District _I A R A M O N L)L O C I-f - JameManag e.Ward,District MI Notary Public; Inn 9.2019 #3606705 j :hate of Wisconsin a — My commission expires August 6 2021 Publication Cost S255 50 Ad No 0003606705 Customer No 1305088 PO# � 611 " MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday,July 18, 2019 at 1:00 p.m. at the offices of Coleman, Yovanovich & Koester, P.A.,4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Present and constituting a quorum: Drew Miller Chairperson John Wollard Vice Chairperson Tim Martin Assistant Secretary Ronald Miller(phone) Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Counsel Tim Hall Turrell, Hall and Associates Clay Brooker Cheffy Passidomo John Asher GL Homes Audience: Ed Staley(phone) All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order District Manager James P. Ward called the meeting to order at approximately 1:00 p.m. and all members of the Board were present at roll call. SECOND ORDER OF BUSINESS Consideration of Minutes June 20,2019 Regular Meeting Minutes Mr. Ward asked if there were any additions, corrections or deletions for the June 20, 2019 Regular Meeting Minutes. Hearing none, he called for a motion. On MOTION made by Mr. John Wollard, seconded by Mr. Tom Kleck, 11 and with all in favor,the June 20, 2019 Regular Meeting Minutes were �accepted. 1 1 ' age tell Flow Way Community Development District July 18, 2019 THIRD ORDER OF BUSINESS Discussion of Legal Opinion Discussion of Cheffy Passidomo legal opinion regarding the preserves. Mr.Clay Brooker stated he was a land use attorney with Cheffy Passidomo. He indicated he was asked by Mr.Jim Ward to research the ownership and maintenance responsibility of the"main preserve." He noted he prepared an opinion letter which he distributed to the Board Members. He noted the letter was nine pages long and he delivered the letter, as well as the referenced documents, to District Attorney Greg Urbancic. He indicated he reviewed only the documents referenced in the letter, nothing else. He explained this project was two decades old; therefore, there were documents relevant to this project which he had not seen and was unaware of. He noted he had spoken with Mr. Tim Hall and Mr. Steven Walker regarding these issues. He indicated the first question he was asked to answer was "should the ownership and maintenance responsibility of the main preserve lie with the CDD in perpetuity." He stated based upon the documents he reviewed, which included the South Florida Water Management District ERP, ACOE permit, plat of the property, declaration of covenants and restrictions filed by the developer of Esplanade,the settlement agreement with the environmental groups,court rulings and statements,as well as PUD ordinances, etc., his opinions were as follows: 1) Upon completion of mitigation and restoration requirements, set forth in the environmental permits, a transfer of ownership of the main preserve must be offered to CREW or another appropriate public or land management entity capable of maintaining the preserve lands in perpetuity. He explained there was always a possibility the offer was not accepted. 2) Before mitigation and restoration requirements were completed, ownership and maintenance responsibility of the main preserve may be transferred to the property owners association or the CDD; however, the transfer of the property to the property owners association or the CDD was to occur after"turnover" of the project, as indicated in the SFWMD and the Army Corps permit. He stated the developer had not yet"turned over"the project,assuming that the phrase"turnover" referred to the transition of the control of the property association from the developer to the members and residents. He noted he was not certain this was what the term "turnover" actually meant in the permits; however, if he was correct the transfer of ownership to the CDD of the main preserve in 2015 and 2018 may have been premature, or at least at odds with the language in the environmental permits. 3) If ownership of the main preserve was offered to CREW or another appropriate entity which did not possess the inherent power or capability to finance the maintenance cost, and if CREW or another entity accepted the offer, then the transfer must include a non-wasting escrow fund in an amount sufficient to finance the cost to maintain the main preserve in perpetuity. 4)In his opinion the documents were ambiguous as to whether the non-wasting escrow fund was required if the appropriate entity ultimately owning the main preserve possessed the inherent power and capability to finance the maintenance cost. He noted according to his conversation with Mr. Tim Hall it was not the developer's intent to require the escrow fund under these circumstances. He stated it was his understanding modifications to the environmental permits would be sought to clarify the ambiguity. 5)The US Fish and Wildlife Service,which worked hand in hand with the Army Corps in terms of processing of this permit, must approve the entity which ultimately would own and assume maintenance responsibility for the main preserve in perpetuity. He stated it was his understanding both the South Florida Water Management District and the Army Corps had over the years warmed to the concept of a CDD or a Master Property Owners Association (MPOA) being an appropriate entity. He noted both a CDD and an MPOA had the inherent power to finance the cost by assessing membership. Mr. Brooker indicated currently the CDD was in ownership of the main preserve, the developer was the permittee under the environmental permits, the mitigation and restoration requirements were not yet 2I Pd it 1 Flow Way Community Development District July 18,2019 ' complete. He stated in 3 to 4 years, upon completion of mitigation and restoration requirements, the permits required an offer to CREW, unless the permits were modified in the meantime. A Board Member 10:15 asked for clarification of the sentence which referenced transfers "of the main preserve in 2015 and 2018 to the CDD may have been premature." Mr. Brooker explained in 2015 tract T5 of the main preserve was deeded to the CDD and in 2018 the remainder of the northern main preserve portion was deeded to the CDD. He stated the permits indicated the transfer to the CDD (or the MPOA) was not to occur until the time of turnover. He noted "turnover" was up for interpretation; however, HOAs typically deemed "turnover" to be a transition of control. He stated if these facts were true the transfer to the CDD was premature; however, the consequence of the premature transfer may be irrelevant or inconsequential; he was unsure. FOURTH ORDER OF BUSINESS Consideration of FMS Bond Agreement Mr.Ward reported FMS Bonds had been the underwriter for the District for approximately nine years. He noted a retainer agreement was required with FMS Bonds on an individual bond basis. He stated the Board had a copy of the fee structure and terms of the agreement. He noted the agreement letter was consistent with standard bond lawyer agreement letters. He noted the bonds had been issued and the CDD would be closing on the bonds next week. He recommended the Board approve the FMS Bond Agreement. On MOTION made by Mr. John Wollard, seconded by Mr. Tom Kleck71 and with all in favor,the FMS Bond Agreement was approved. FIFTH ORDER OF BUSINESS Resolution 2019-18 Consideration of Resolution 2019-18 regarding request to vacate a portion of two public access easements. Mr. John Asher with GL Homes reported he was very familiar with Esplanade, having been a former employee with Taylor Morrison. He noted GL Homes owned property immediately north of the Esplanade Preserve Property and had residents facing the preserves who complained of trespassers. He stated this problem began with the development of Logan Boulevard north, up to the northwest corner of the Esplanade Preserve and this opened access to the preserve for the general public. He indicated GL Homes was involved with the construction of Logan Blvd. and installed a fence and gate along the Logan Blvd. right-of-way from the Lee County line south extending approximately 2,000 feet which helped; however, visitors were still entering the Esplanade Preserve property. He displayed a map which illustrated parcels for sale(which were accessed through the Esplanade property),the Esplanade Preserves and surrounding area. He indicated where the public easements were located on the map. He stated he believed it was in the best interests of GL Homes and the Flow Way CDD to limit access to the area by vacating a portion of two public access easements. He stated GL Homes would construct a fence and gate to discourage trespassing once the public access easements were vacated. 31 Flow Way Community Development District July 18, 2019 16L :. Discussion ensued regarding the gate not eliminating all trespassers,the fence and gate sealing off public access onto the preserves,cattle fence being relatively ineffective,and cattle fence with a large diameter steel cable being more effective. Mr. Asher reported he obtained "no objection" letters from the public utility companies, sheriff's department,and transportation department, as well as the surrounding residents. Mr. Asher indicated Taylor Morrison of Esplanade Naples would be required to provide an easement for Flow Way to crossover. Mr. Tim Hall stated the gate would help prevent four wheel ATVs from driving through the preserve area and damaging the preserve. Discussion ensued regarding who would pay for the gate installation and be responsible for gate maintenance, GL Homes installing the gate, Flow Way being responsible for maintenance in perpetuity, no-trespassing signage, and the Resolution being amended to include the conditions contained in the letter. Mr. Ed Staley asked if this Resolution was premature with the questions of preserve ownership which were still unanswered. Mr. Ward responded in the negative. He explained this Resolution did not affect the preserves. He noted it did not hurt or harm the District's position with respect to the preserves whatsoever. Mr. Greg Urbancic explained the CDD was not vacating any property; the property in question was a public right-of-way on Taylor Morrison property, contiguous to property owned by the Flow Way CDD; GL Homes was required to obtain a "no objection" letter from the CDD prior to vacating the public right-of-way. He explained Resolution 2019-18 provided said "no objection" letter. He explained once the public right-of-way was vacated it would no longer be open to the public for access. He noted there was no reason for the public to have access to this property, in fact it was problematic. He indicated the"no objection"would not negatively impact the CDD in any way. Discussion ensued regarding the cost to maintain the gate and mow the land, a stipulation in the "no objection" statement to include a "no cost" to the CDD stipulation, the easement property not being included in the conservation area, the easement property measurements (approximately one acre), consideration of the easement property being of value to the CDD, and the easement property not automatically becoming preserve property upon vacation. On MOTION made by Mr. Drew Miller,seconded by Mr.Tom Kleck,and j with all in favor, Resolution 2019-18 was adopted with revisions to provide the vacation of the public easement right-of-way be done at no ,cost to the Flow Way CDD,and as a condition to granting no objection, Taylor Morrison would give the CDD and/or the CDD's successor an access easement over the property, and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS Staff Reports Staff Reports a) District Attorney 4I e 16 I 1 Flow Way Community Development District July 18, 2019 There was no Report from the District Attorney. b) District Engineer There was no Report from the District Engineer. c) District Manager I. Financial Statements June 30,2019(Unaudited) There were no questions or comments regarding the unaudited Financial Statements of May 31, 2019. Mr. Ward indicated there was a Board Meeting scheduled Wednesday July 25, 2019 for the closing on the Bonds. He reported the Bonds were sold. He noted the underwriter did an excellent job of selling the Bonds at outstanding rates. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There were no Supervisor's Requests. Mr. Winters asked if there was an opportunity to refinance any existing Bonds at a lower interest rate. Mr. Ward responded in the negative; no refinancing could be considered until 2023. Mr. Dave Boguslawski (ph)asked when the Cheffy Passidomo Legal Opinion would be posted on the CDD website. Mr. Ward noted the Opinion could be posted immediately; however, the extensive accompanying documents would take some time to transfer into website-friendly PDF format. An Audience Member 38:09 asked about the Property Appraiser payment in March 2019 for $3,600 dollars. Mr. Ward explained the Collier County Property Appraiser billed the CDD for assessment collection periodically. Discussion ensued regarding engineering services being reimbursed through bond issuance and environmental services being budgeted for. EIGHTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at approximately 1:40 p.m. rOn MOTION made by Mr. John Wollard, seconded by Mr. Tom Kleck,1 and with all in favor,the Meeting was adjourned. Flow Way Community Development District Jamey P. Ward,Secretary Drew Miller,Chairperson 5I 1. 6I1 ?'ap1c iIaiLu 4. ...Arum PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 NOTICE OF REGULAR MEETING FLOW WAY COMMUNITY D EV.DISTR.JPWA FLOW WAY COMMUNITY 2900 NORTHEAST 12 TH TERRACE S DEVELOPMENT DISTRICT The Board of Supervisors of OAKLAND PARK,FL 33334 the Flow Way Community De- velopment District will hold a Regular Meeting on Thursday, July 18, 2019 at 1:00 P.M.. at the offices of Coleman. Affidavit of Publication Yovanovich 8 Koester, P.A., STATE OF�VISCONSIN 4001 Tamiami Trail North, Suite 300 Naples, Florida COUNTY OF BROWN 34103 The meeting is open to the Before the undersigned they serve as the authority, public and will be conducted in personally appeared Vicky Felty who on oath says that she si accordance wLah tfo prow lons of Florida Law for Corn- serves as Legal Clerk of the Naples Daily News, a daily munity Development Districts. A copy of the agenda for the newspaper published at Naples. in Collier County, Florida: meeting may be obtained distributed in Collier and Lee counties of Florida: that the from the office of the District attached copy of the advertising was published in said Mesa LLCPWard & Asso,byy calling 954 658 ales LC8 newspaper on dates listed. Affiant further says that the said 4900. email JimWard@JPWard Naples Daily News is a newspaper published at Naples. in Aiot's webe .com or on the w !riot's site at www.0ovwv said Collier County. Florida. and that the said newspaper aycdd.org at least seven (7) in said days in advance of the meet- has heretofore been continuously publisheding. Collier County, Florida: distributed in Collier and Lee counties of Florida. each day and has been entered as The meeting may be cancel or continued to a date, time e second class mail matter at the post office in Naples, in and location specified on the said Collier County. Florida. for a period of one year next record at the meeting. preceding the first publication of the attached copy of In accordance with the D re- paid th and affiant further says that he has neither ons of the Americans Disabilities Act. any person re- paid nor promised any person, or corporation any discount. quiring special accommoda- rebate. commission or refund for the purpose of securing lions or an interpreter par- tings ticipate at these meetings this advertisement for publication in the said newspaper. should contact the District at (954) 658-4900. at least five 15l days prior to the date of i July 11,2019 the meetings. If you are hear r ing or speech impaired, please e contact the Florida Relay erv- 1 All ice at 1-800-955-8770, for as- sistance in contacting the District Office. Subscribed and sworn to before on July 13.2019. II any person decides to ap- peal any decision made with respect to any matter consid- ered at these board meetings, • f1 it i r i 4 v'l UY1 ru.l or ii.•..-A such person will need a record of the proceedings and such Notary.State of WI.County of Brown person may need to ensure that a verbatim record of the proceedings is made al their IAliA MONf)I Or)+. own expense and which re- Notar Pscon cord includes the testimony Y and evidence on which the t;tate of Wisconsin, appeal is based. Flow Way Community My commission expires August 6 2021 Development District James P.Ward, District Manager . 1t.2019 #3634701 Publication Cost S259.00 Ad No 0003634701 Customer No 1305088 PO St i611 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday,July 25, 2019 at 1:00 p.m. at the offices of Coleman,Yovanovich& Koester, P.A.,4001 Tamiami Trail North,Suite 300, Naples, Florida 34103. Present and constituting a quorum: Drew Miller Chairperson John Wollard Vice Chairperson Tim Martin Assistant Secretary Ronald Miller(phone) Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P. Ward District Manager Charles Thomson District Attorney Jeremy Arnold District Engineer Jeremy Fireline District Engineer Monique Spotts Bryant, Miller, Olive George Smith BMD Audience: Ed Stahley(phone) Dave Boguslawski (phone) Tom Coffee (phone) All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order District Manager James P. Ward called the meeting to order at approximately 1:00 p.m. and all members of the Board were present at roll call. Mr. Ward stated the purpose of today's meeting was to conduct a Public Hearing related to the assessments of the remaining units in the Phase 7 and Phase 8 Bonds, as well as to consider a resolution to conform the issuance of the bonds. SECOND ORDER OF BUSINESS Public Hearing Capital Improvement Program—Phase 7 and Phase 8 I. Public Comment and Testimony 1i 16 1 1 Flow Way Community Development District July 25, 2019 Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. John Wollard, seconded by Mr. Tom Kleck, ,and with all in favor,the Public Hearing was opened. Mr. Ward noted he had not received any public comments,written or verbal, with respect to the Public Hearing. He asked if there were any public comments; hearing none he called for a motion to close the Public Hearing. On MOTION made by Mr. John Wollard, seconded by Mr. Tom Kleck, land with all in favor,the Public Hearing was closed. II. Board of Supervisor's Comments There were no Board Comments. III. Consideration of Resolution 2019-19 of the Board of Supervisors of Flow Way Community Development District authorizing District projects for construction and/or acquisition of infrastructure improvement;equalizing,approving,confirming,and levying special assessments on property specially benefitted by such projects to pay the cost thereof; providing for the payment and the collection of such special assessments by the methods provided for by Chapters 170, 190, and 197 Florida Statutes;confirming the District's intention to issue special assessment bonds; providing for true-up payments; making provisions relating to the transfer of real property to governmental bodies; providing for the recording of an assessment notice; providing for severability,conflicts and an effective date. Mr. Ward briefly explained Resolution 2019-19 and asked if there were any questions; hearing none, he called for a motion to adopt the Resolution. {On MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin, tand with all in favor,Resolution 2019-19 was adopted and the Chair was authorized to sign. IV. Consideration of Resolution 2019-20 a resolution of the board of supervisors of Flow Way Community Development District supplementing resolution 2018-4 and resolution 2019-19 which resolutions previously equalized, approved, confirmed, imposed and levied special assessments on and peculiar to property specially benefited(apportioned fairly and reasonably) by the district's projects;approving and adopting the flow way community development district supplemental special assessment report for series 2019 phase 7(esplanade)and phase 8 bonds prepared by JPWard & Associates, LLC and dated July 16, 2019, which sets forth the specific terms of the Flow ay Community Development District special assessment bonds, series 2019 (phase 7 and phase 8 projects); providing for the supplementation of the special assessments as set forth in the improvement lien book; and providing for severability, conflicts, and an effective date. 21 16I1 Flow Way Community Development District July 25, 2019 Mr. Ward briefly explained Resolution 2019-20 and asked if there were any questions; hearing none, he called for a motion to adopt the Resolution. On MOTION made by Mr.John Wollard, seconded by Mr. Drew Miller, I. and with all in favor,Resolution 2019-20 was adopted and the Chair was authorized to sign. Mr. Ron Miller recommended refinancing the Bonds as soon as possible (in 2023) in an effort to reduce assessment costs for residents. Mr.Ward agreed. THIRD ORDER OF BUSINESS Resolution 2019-21 Consideration of Resolution 2019-21 designating the dates,time and location for meetings of the Board of Supervisors. Mr. Ward noted State Statute required the Board set a regular time, date and location for meetings. He explained if the Board chose not to set meeting dates, posted notice (through a public newspaper) announcing meeting time, location and date would be required. He noted the Board traditionally set a date,time and location,typically on the third Thursday of the month at the Offices of Coleman,Yovanovich & Koester. He explained the Community Center could not guarantee date, time and location availability on a recurring basis;therefore, he felt it was best to continue to hold meetings at Coleman,Yovanovich& Koester. He noted approval of Resolution 2019-21 did not prevent the Board from holding additional meetings or from canceling meetings. Mr. Ron Miller stated he was disappointed the meetings could not be moved to the Community Center as this would encourage resident participation. Mr. Drew Miller explained the Community Center was new and there was a lot of interest and activity in the facility. He explained when the Culinary Building opened a room would be available for meetings. Mr. Ron Miller stated if meetings were held at a Community facility, residents would find it easier to attend. Mr. Ed Stahley suggested Mr. Ward and Mr. Kleck sit down with the Community Center Manager and make an attempt to create an acceptable meeting schedule. Mr. Kleck asked who declined the CDD's request to hold meetings at the Community Center. Mr. Drew Miller responded the Community Center Manager did not refuse to permit the CDD to hold meetings at the Community Center; however, the Manager explained the Community Center was a very busy environment at the moment, many resident events were being held at the facility, and the CDD did not wish to force others out of the facility. Discussion ensued regarding the CDD being of higher priority than others, whether the CDD could or should be forceful regarding meetings at the Community Center, not wishing to push out residents to make room for CDD meetings,and who to speak with at the Community Center regarding CDD meetings. Mr. Ward stated approval of the Resolution did not preclude the Board from holding meetings at a different location. He noted he would reach out to the manager at the Community Center in an effort to procure the facility for CDD meetings; if he was successful he would propose another Resolution to the Board. 3I � 6I1 Flow Way Community Development District July 25, 2019 Mr. Dave Boguslawski (ph)agreed with Mr. Stahley. He stated he felt it was important to hold meetings at the Community Center and he encouraged Mr. Ward to meet with the Manager at the Community Center. On MOTION made by Mr. John Wollard, seconded by Mr. Tom Kleck, and with all in favor,Resolution 2019-21 was adopted and the Chair was authorized to sign. FOURTH ORDER OF BUSINESS Staff Reports Staff Reports a) District Attorney There was no Report from the District Attorney. b) District Engineer There was no Report from the District Engineer. c) District Manager There was no Report from the District Manager. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ron Miller indicated he had three separate motions to present to the Board. He gave a brief history regarding why he joined the CDD Board,as well as a brief history regarding his research into the preserves area. He stated he believed Taylor Morrison was not fulfilling its obligations. He noted he was not upset with the Taylor Morrison Board Members as the Taylor Morrison Board Members were not responsible for the situation. He explained he read the court case which ultimately stipulated the Army Corps permit was to be followed. He noted the Department of Fish and Wildlife permit, as well as the South Florida Water Management District permit, contained similar language to the Army Corps permit. He explained after reading the various permits he discovered the preserves had been conveyed to the CDD prematurely and the preserves required funding. He indicated he had been in contact with the South Florida Water Management District who agreed and was researching the premature conveyance of the preserves. He indicated he had been in contact with the Army Corps who agreed, and noted the outside Legal Opinion from Cheffy Passidomo agreed as well. He discussed Mr.Tim Hall's presentation regarding the preserves and indicated he did not agree with Mr. Hall's opinions. He reviewed the contract between the HOA and the CDD which indicated all maintenance activities would be conducted by the HOA (to include preserve maintenance). He stated if the CDD wished to maintain the preserves, rather than the HOA, then the contract should be amended. He indicated he wished for Mr.Ward to do a full accounting of all expenses the CDD incurred to date with respect to the external preserves by year and the internal preserves by year. He noted Taylor Morrison was attempting to amend the permits to reflect Taylor Morrison would not be responsible for the preserves financially if the CDD took ownership; however, he believed litigation, 4I 161 1 ' Flow Way Community Development District July 25, 2019 as well as input and permission of the CDD, would be required to amend the language retroactively. He stated he believed Taylor Morrison representatives could serve on the CDD Board without conflict of interest; however, Florida Law indicated once an individual accepted the position of Board Member, said Board Member had a fiduciary responsibility to act in the best interests of the Board, regardless of personal employment. He asked if there were comments or questions. There were none. MOTION made by Mr. Ron Miller, seconded by Mr. Tom Kleck,for the Board to take whatever action necessary to reconvey the preserves back to Taylor Morrison,the motion failed to pass by a vote of 2 aye to 3 nay Mr. Miller and Mr. Kleck voted in favor and Mr. Drew Miller, Mr. Martin and Mr.Wollard voted against the motion. Mr. Ron Miller, moved for the Board to take whatever action is necessary to obtain reimbursement of CDD expenses related to the preserves, both external and internal. Mr. Drew Miller noted if the landscaping(internal preserves) had not been conveyed to the CDD, it would have been conveyed to the HOA; therefore, the home owners were paying for the landscaping regardless. MOTION made by Mr. Ron Miller,seconded by Mr. Tom Kleck, for the Board to take whatever action necessary to obtain reimbursement of I CDD expenses related to the preserves, both external and internal, failed to pass by a vote of 1 aye to 4 nay. Mr. Ron Miller voted in favor 1 of the motion, and Mr. Kleck, Mr. Martin Mr. Wollard, and Mr. Drew Miller voted against the motion. Mr. Ron Miller stated he believed even if the internal preserves had been transferred to the HOA, said preserves would have still been transferred prematurely and the HOA would be in a position to request reimbursement of expenses. He indicated he felt the residents of Esplanade should not be required to pay the expenses and should be reimbursed. He stated, however, the reserves were transferred to the CDD, not the HOA, and therefore the CDD was incurring expenses. He made a motion for the Board to take whatever action necessary to obtain reimbursement of CDD expenses related to the preserves, both external and internal. There was no second;the motion died. Mr. Ron Miller moved for the CDD to immediately discontinue all funding of any maintenance or mitigation expenses until the situation was resolved. There was no second; the motion died. Mr. Tom Coffee (ph) stated he agreed with Mr. Ron Miller. He noted he recently reviewed the CDD's audited financial statements and indicated he would send an email to Mr. Ward with a list of detailed questions regarding the financial statements. He asked who was responsible for fiscal management of the CDD. He asked about landscaping maintenance costs and hurricane related costs. Mr. Ward responded he would be happy to answer Mr. Coffee's questions via email. He explained on a global perspective the Board had fiduciary responsibility to the CDD while CDD Staff collectively worked to ensure the law was met for infrastructure cost expenditures. 5I . ib l 1 Flow Way Community Development District July 25, 2019 SIXTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at approximately 1:42 p.m. On MOTION made by Mr.Tom Kleck,seconded by Mr.Tim Martin,and with all in favor,the Meeting was adjourned. Flow Way Community Development District //alms �-� JameyP.Ward,Secretary Drew Miller,Chairperson 6I a 16 I 1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday,August 22, 2019 at 3:00 p.m. at the Esplanade Golf and Country Club Naples, 8918 Torre Vista Lane, Naples, Florida 34119. Present and constituting a quorum: Drew Miller Chairperson John Wollard Vice Chairperson Tim Martin Assistant Secretary Ronald Miller(phone) Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Jeremy Fireline District Engineer Audience: Ed Staley Martin Winters David Mahaney David Boguslawski (ph) All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order District Manager James P. Ward called the meeting to order at approximately 3:00 p.m. and all members of the Board were present at roll call. SECOND ORDER OF BUSINESS Consideration of Minutes a) July 18,2019 Regular Meeting Minutes Mr.Ward asked if there were any additions,corrections or deletions for the July 18, 2019 Regular Meeting Minutes. Mr. Ronald Miller reported he felt there were some corrections required regarding motions he made during the meeting. Discussion ensued regarding the motions which were made and seconded; no corrections were required. 1 ' Page 161 Flow Way Community Development District August 22, 2019 On MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin, and with all in favor, the July 18, 2019 Regular Meeting Minutes were approved. b) July 25,2019 Regular Meeting Minutes Mr. Ward asked if there were any additions,corrections or deletions for the July 25, 2019 Regular Meeting Minutes. Hearing none, he called for a motion. On MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin, and with all in favor, the July 25, 2019 Regular Meeting Minutes were approved. THIRD ORDER OF BUSINESS Public Hearing Mr.Ward stated the primary purpose of today's meeting was to hold two Public Hearings,the first related to the FY-2020 Budget and the second related to assessments. a) FISCAL YEAR 2020 BUDGET I. Public Comment and Testimony. Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. John Wollard, seconded by Mr. Tom Kleck, and with all in favor,the Public Hearing was opened. Mr. Ward stated he had received no written or oral communications with respect to consideration of adoption of the FY-2020 Budget. He asked if there were any public comments or questions regarding the FY-2020 Budget. Mr. Ronald Miller noted it would be good to request the names of any audience members who might have called into the Meeting. Mr. Ward asked if any audience members had called in; there were none. Mr. Ward asked if there were any public comments or questions from those present. Mr. Martin Winters noted it was very difficult to hear Mr. Ronald Miller. Mr. Ward agreed. He stated unfortunately the room had poor acoustics. He invited Mr.Winters to move closer. Discussion ensued regarding possible solutions to the poor acoustics in the future. Mr. Ward asked if there any questions regarding the Budget; hearing none, he called for a motion to close the Public Hearing. 2 I P d ; .. 16 I 1 Flow Way Community Development District August 22, 2019 On MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin, and with all in favor,the Public Hearing was closed. II. Board Comment and Consideration. Mr. Ward asked if there were any Board comments or questions regarding the FY 2020 Budget. Mr. Ronald Miller stated he was opposed to having anything in the Budget related to preserve maintenance expenses. III. Consideration of Resolution 2019-22 adopting the annual appropriation and Budget for Fiscal Year 2020. Mr. Ward called for a motion to approve Resolution 2019-22 which adopted the proposed Budget for Fiscal Year 2020. On MOTION made by Mr.John Wollard, seconded by Mr. Drew Miller, and with three in favor and two opposed, Resolution 2019-22 was adopted and the Chair was authorized to sign. Mr. John Wollard, Mr. Drew Miller and Mr. Tim Martin voted in favor of the motion; Mr. Ronald Miller and Mr.Tom Kleck opposed the motion. The motion carried. b) FISCAL YEAR 2020 IMPOSING SPECIAL ASSESSMENTS; ADOPTING AN ASSESSMENT ROLL, AND APPROVING THE GENERAL FUND SPECIAL ASSESSMENT METHODOLOGY Mr.Ward noted the second Public Hearing was related to the imposition of assessments,adoption of the assessment role and approved the methodology for levying the assessments for the General Fund. I. Public Comment and Testimony Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin, and with all in favor,the Public Hearing was opened. Mr. Ward stated he had received no written or oral communications with respect to imposition of the assessments, adoption of the assessment roll, and approval of methodology. He asked if there was any public comment; hearing none, he called for a motion to close the Public Hearing. On MOTION made by Mr. Tim Martin, seconded by Mr. John Wollard, and with all in favor,the Public Hearing was closed. 3IPage 16I1 Flow Way Community Development District August 22, 2019 II. Board Comment and Consideration Mr. Ward asked if there were any Board comments or questions. Mr. Ronald Miller stated he objected to the CDD paying any preserve expenses whatsoever. III. Consideration of Resolution 2019-23 imposing special assessments, adopting an assessment roll and approving the general fund special assessment methodology Mr. Ward explained Resolution 2019-23 imposed the special assessments, certified the assessment roll and approved the general fund special assessment methodology for the District for FY-2020. On MOTION made by Mr. John Wollard, seconded by Mr. Tim Martin, and with three in favor and two opposed, Resolution 2019-23 was adopted and the Chair was authorized to sign. Mr. John Wollard, Mr. Drew Miller and Mr. Tim Martin voted in favor of the motion; Mr. Ronald Miller and Mr.Tom Kleck opposed the motion. The motion carried. FOURTH ORDER OF BUSINESS Consideration of Resolution 2019-24 Consideration of Resolution 2019-24 designating the dates,time and location for the Regular Meetings of the Board of Supervisors for Fiscal Year 2020 Mr. Ward reported Statute indicated, if the Board adopted a regular board meeting date, time and location, it be done through Resolution. He explained he would advertise the dates, times and location of the meetings once prior to the beginning of the Fiscal Year and post the dates on the website. He stated the adoption of Resolution 2019-24 did not bind the Board to the dates, times and locations; these may be changed as the Board deemed appropriate. Mr. Ward stated he spoke with the Esplanade Golf and Country Club facility; however, the facility could not confirm a specific date, time and room for CDD Meetings for the entire fiscal year. He asked the Board for its thoughts. Discussion ensued regarding holding meetings at the offices of Coleman, Yovanovich & Koester on the third Thursday of every month at 1:00 p.m. Mr. Ronald Miller stated he felt holding the meetings at the offices of Coleman,Yovanovich & Koester discouraged residents from participating in meetings. He stated he felt it would be better to meet at the local facility in an effort to encourage residents to attend. He stated he was disappointed the Esplanade facility manager could not accommodate the CDD. Discussion ensued regarding the location of board meetings; it was decided to hold meetings at the offices of Coleman, Yovanovich & Koester on the third Thursday of every month at 1:00 p.m. On MOTION made by Mr.Tom Kleck,seconded by Mr.Tim Martin,and with four in favor and one opposed, Resolution 2019-24 was adopted and the Chair was authorized to sign. Mr.Tom Kleck, Mr. Tim Martin, Mr. Drew Miller, and Mr.John Wollard voted in favor of the motion; Mr. Ronald Miller voted in opposition of the motion. The motion carried. 4IPage i611 Flow Way Community Development District August 22, 2019 FIFTH ORDER OF BUSINESS Consideration of Proposals Consideration of proposals for providing Audit Services to the District for the Fiscal Years 2019-2023 Mr. Ward reported State Statute required the District to have its books and records audited annually by a CPA firm. He stated he typically arranged five year contracts with auditors to enable consistency in the audits. He reported he prepared an RFP(request for proposal)which was advertised and the CDD received two proposals,one from Grau and Associates for$22,500 dollars and one from Berger Toombs for$20,695 dollars. He stated the process required the CDD to rank the auditing firms. He reported his accountant recommended ranking Grau as number one and Berger Toombs as number two. He stated both firms were eminently qualified to perform the audit and both had performed audits for him over the years. He noted Grau was a bit easier to work with than the Berger firm; however, either firm was an acceptable choice. On MOTION made by Mr. Tim Martin, seconded by Mr. Drew Miller, and with all in favor,Grau&Associates was ranked number one. SIXTH ORDER OF BUSINESS Staff Reports Staff Reports a) District Attorney District Attorney Greg Urbancic stated if and when the CDD met at the Esplanade Golf and Country Club the guard gate should be made aware of the necessity of granting access to the facility for those who wish to attend the CDD meeting. He stated he did not wish for FEMA to claim the CDD was not meeting on public property and as such not grant funds when needed to the CDD. Mr. Ward concurred and noted it was important for all who wished to attend meetings to have access. Discussion ensued regarding the hesitancy of the gate guard to allow entrance to the CDD Board Members. b) District Engineer There was no Report from the District Engineer. c) District Manager I. Financial Statements July 31,2019(Unaudited) Mr. Ward stated he had no report unless there were questions;there were none. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments SIPage 16I14 Flow Way Community Development District August 22, 2019 Mr.Drew Miller reported it was Taylor Morrison's intent to transfer the preserves to the CDD in perpetuity and protect the Community and CDD from any outside acquisition. He stated Taylor Morrison was working to modify the language within the permits to clearly identify the CDD as the responsible party for the preserves in perpetuity. He stated as such he needed to be appointed as Chairperson of the CDD to work with Taylor Morrison and sign any necessary documents or permits. He stated the CDD was required to be co-applicant on the permit modification application. Mr.Tom Kleck stated Mr. Robert Kirby indicated in an email"it is not appropriate for the HOA or the CDD to maintain in perpetuity the preserves." He asked, if Mr. Robert Kirby was against the CDD maintaining the preserves, why the CDD was proceeding along this path. Mr. Drew Miller responded Mr. Kirby was one person with one opinion and there were others who disagreed. He explained when the permitting was being obtained for this community CDDs were not well understood;however,the Districts have come to understand what types of services a CDD could provide. He noted previously it was felt the only method for preserve maintenance was through an entity such as CREW; however,as time progressed this changed and CDDs were considered acceptable entities to handle preserve maintenance. Mr. Tom Kleck stated Mr. Robert Kirby was in the Regulatory Division of the US Corp of Army Engineers and should be considered a reliable source. He stated he worried about not heeding Mr. Kirby's advice. Mr. Drew Miller stated Taylor Morrison would assume all permit costs, fees, attorney fees, and any costs associated with modification of the permits; however,the CDD was required to be a co-applicant for both the ongoing perpetual maintenance and the permit modification. Mr. Ronald Miller reminded Mr. Drew Miller he had a fiduciary obligation to work in the best interests of the CDD, not in the best interests of Taylor Morrison. He asked why Mr. Drew Miller felt it was in the best interests of the CDD to pay for the perpetual maintenance of the reserves rather than Taylor Morrison. Mr. Drew Miller responded he believed keeping the preserves under control of the CDD was the right decision. Mr. Ronald Miller stated currently Taylor Morrison was obligated to pay for the expenses of the preserve maintenance. He asked how the CDD taking on a financial burden which belonged to Taylor Morrison could be in the best interests of the CDD. Mr. Drew Miller explained he was working to shift the perpetual ownership and maintenance of the preserves from a third party entity to the Community which lived in the preserves and would best maintain the preserves. He stated morally and financially he believed it was in the best interests of the CDD to own and maintain the preserves. He stated he believed the CDD was better suited to maintain the preserves than any third party entity. Mr. Tom Kleck stated Mr. Robert Kirby's memo stated "the Corp of Engineers reiterates that we expect the permittee will transfer the property as proposed to CREW or another appropriate entity such as National Fish and Wildlife Foundation." Mr. Kleck stated these third party entities were trained to deal with these types of environments and were better equipped than the CDD to handle preserve maintenance. He asked why the CDD should take on the risk of preserve maintenance when the CDD was not equipped to handle, and did not have the funds to handle the care of the preserves, especially when an entity such as Fish and Wildlife was commissioned to do so. Mr. Drew Miller stated the Fish and Wildlife Foundation was not necessarily better equipped to handle preserve maintenance. He stated it was clear the CDD had the authority and the ability to maintain the preserves, as the CDD had been maintaining the preserves successfully thus far. He indicated he had full confidence in the ability of the CDD to maintain the preserves. He stated he believed the residents would be better served to have the CDD own and maintain the preserves. 6IPage i6I1 '4 Flow Way Community Development District August 22, 2019 Mr.Ward asked if there were any public comments or questions. Mr. Martin Winters stated he read the Legal Opinion and he noted the CDD's Counsel indicated the transfer of the preserves to the CDD was premature and was done without the Army Corp of Engineer's approval. He stated he believed this would end up in litigation. Mr. Ed Staley stated the eventual goal was perpetual care of the preserves once the success criteria were met. He discussed the intermediate goals and asked at what stage the preserves were in regarding intermediate goals. He indicated until the preserves had met the success criteria, the preserves could not be transferred to the CDD legally. Mr. Drew Miller responded each preserve area was at a different point and on a different timeline regarding the intermediate goals. He noted Mr.Tim Hall had provided a memo with this information. He stated he did not agree the ownership of the preserves could not be transferred until success criteria had been met. Discussion ensued regarding the intermediate goals,Tim Hall's memo and Tim Hall's statement"long term maintenance cannot occur until the preserves meet success criteria and are signed off on by State and Federal regulatory agencies. It is premature to offer them now." Mr. Drew Miller stated this meant it was premature to offer the preserves to CREW or other third party entity, but it did not preclude transfer of the preserves to the CDD. Mr. Staley stated he strongly disagreed. Mr. Ronald Miller stated the documents specifically discussed mitigation activities as being the responsibility of the permittee and applicant, which was Taylor Morrison. He stated there was specific language in the definition of success criteria which indicated a minimum of 80% coverage of native vegetation,with less than 4%exotic and nuisance vegetation,for a period of three consecutive years was required for success criteria to be met. He stated during the mitigation period, until the success criteria was met,the CDD should not incur any expense. He stated during the monitoring and maintenance period there was a possibility of turning the preserves over to the CDD; however,technically this turnover could not happen until the development project was turned over to the residents,which had not yet happened. He explained this meant nothing could be turned over until Taylor Morrison reached the 90% level, and yet the preserves had been turned over to the CDD. He stated documents indicated if Taylor Morrison reached 90% and the preserves had not yet met the success criteria, the preserves could temporarily transferred to the CDD until such time as the success criteria was met and the preserves could be offered to CREW or other like entity. He stated the outside Legal Opinion concurred. He discussed Mr.Tim Hall's and Mr. Robert Kirby's memos. He noted Mr. Hall indicated the preserve success criteria had not yet been met. He asked for Mr. Greg Urbancic's opinion. Mr. Greg Urbancic stated Clay Brooker opined the transfer of the preserves to the CDD may have been premature, but then Mr. Brooker stated he was unsure if the transfer was premature and was unsure if it made a difference. He noted Mr. Brooker used language which indicated it would be the responsibility of the CDD or the HOA to maintain the preserves. He stated he believed clarification from the Corp would be a good idea and this clarification could be made through the permit modification. Discussion ensued regarding the Legal Opinion by Clay Brooker and the language in the Legal Opinion. Mr.Urbancic noted often clubhouse features,amenity features,etc.,were transitioned to resident control or HOA ownership prior to the time of development turnover to residents. He stated the original declaration indicated the preserves would ultimately be owned by the CDD or the HOA and was disclosed 7IPage 16I1 Flow Way Community Development District August 22, 2019 as an expense. He recommended trying to find language clarification regarding ultimate responsibility. Discussion ensued regarding obtaining clarification from the Army Corp of Engineers regarding this language,Taylor Morrison turnover, success criteria, and Mr. Kirby's email. Mr. David Boguslawski stated he was a member of the HOA. He stated he wondered why District Counsel did not have a clear opinion regarding this matter. He asked about District Counsel's role in the CDD. Mr. Drew Miller explained a third party attorney was hired to form an opinion regarding this matter to prevent any residents from feeling there was a conflict of interest. He stated Mr. Boguslawski was welcome to read this Legal Opinion. Mr. Boguslawski stated he was not attempting to badger the CDD attorney; however, he believed when there were complicated matters on the table at some point the Board needed to be able to lean on the advice of CDD Counsel. Mr. Drew Miller indicated many legal opinions had been gathered and given regarding this issue and he felt it was time to vote regarding his motion in an effort to move forward with this matter. Mr. Ed Staley discussed turnover and success criteria and noted he agreed with Mr. Ron Miller's statements. On MOTION made by Mr. Drew Miller, seconded by Mr.John Wollard, with three in favor and two opposed, Mr. Drew Miller was nominated as CDD Chairperson to cooperate with Taylor Morrison and sign any documents or permits with regard to amending the Army Corp or South Florida Water Management District permits. J Mr. John Wollard, Mr. Drew Miller and Mr. Tim Martin voted in favor of the motion; Mr. Ronald Miller and Mr. Tom Kleck opposed the motion. The motion carried. Mr. Ward asked if there were any other comments. Mr. Drew Miller stated public comments would be limited to three minutes per person. Mr. Ronald Miller discussed the motions made at the previous Board Meeting as he felt there was some confusion. He discussed comments made by himself and Drew Miller at the previous Board Meeting. He discussed the HOA Declaration, and the definition of both golf property and club property. He stated he believed the CDD should recuperate preserve maintenance costs from Taylor Morrison. Discussion ensued regarding recuperation of funds from Taylor Morrison and Taylor Morrison's intent that the CDD or the HOA take ownership of the preserves. MOTION made by Mr. Ronald Miller, seconded by Mr. Tom Kleck, for the Board to take whatever action necessary to obtain reimbursement of CDD expenses related to the preserves, both external and internal, failed to pass by a vote of 2 in favor and 3 opposed. Mr. Ronald Miller and Mr.Tom Kleck voted in favor of the motion; Mr.John Wollard, Mr. Drew Miller and Mr. Tim Martin opposed the motion. The motion failed. MOTION made by Mr. Ronald Miller, seconded by Mr. Tom Kleck, for the Board to immediately discontinue to pay any future reserve expenses,failed to pass by a vote of 2 in favor and 3 opposed. Wage 16 I 1 Flow Way Community Development District August 22, 2019 Mr. Ronald Miller and Mr.Tom Kleck voted in favor of the motion; Mr.John Wollard, Mr. Drew Miller and Mr.Tim Martin opposed the motion. The motion failed. Mr. Ronald Miller stated (indecipherable 1:10:00). He discussed the preserves, Taylor Morrison, the preserve conveyance of western preserve B in 2015, and $414,000 dollars being reimbursed to Taylor Morrison for mitigation expenses. He noted he could not find any CDD Board resolution approving acquisition of this preserve property in 2015. He asked Mr. Ward and Mr. Urbancic to look into this matter. Mr. Drew Miller stated when going through a bond requisition process, one of the documents approved in connection with bond financing was an acquisition agreement. He explained the acquisition agreement defined the terms between the developer and the District in terms of how assets were acquired. He stated assets and improvements were acquired, or purchased, through the acquisition agreement. He further explained the function of the acquisition agreement. Mr. Ronald Miller stated he would like to see the Board resolution which indicated the Board accepted ownership of western preserve B. Mr. Ward stated there was no specific Board motion to accept transfer of ownership of western preserve B. Mr.Ronald Miller stated he did not believe western preserve B could be transferred via a form of requisition, but only by Board acceptance. Mr. Drew Miller stated the Board authorized and approved the acquisition agreement;the acquisition agreement contemplated transfer of western preserve B. Mr. Ronald Miller stated he questioned the validity of the transfer of western preserve B to the CDD. Mr. Drew Miller stated if the validity of the preserve transfer was questioned, then so also would the transfer of the lakes and other such assets which were transferred through the acquisition agreement. He noted an acquisition agreement was considered typical process. Mr. Ronald Miller stated all lakes and other such assets transferred through the acquisition agreement were within the boundaries of the CDD; however, the western preserves were external to the CDD boundaries. Discussion ensued regarding whether the Board actually owned the western preserves. Mr. Ward stated he would find the resolution which approved the acquisition agreement which contemplated the facilities being acquired by requisition; however,the acquisition agreement would not specifically list the western preserves or any specific assets. Mr. Ronald Miller asked if Mr. Urbancic felt there was a possibility the Board did not actually own the western preserves as the Board never approved transfer of ownership. Mr. Urbancic responded in the negative. He stated transfer of ownership of the western reserves was approved through the requisition process. Mr. Ronald Miller stated Mr. Tim Hall (under contract with the CDD) had worked with Taylor Morrison's attorney to amend the permit and he felt this was a conflict of interest. He asked for Mr. Hall's contract with the CDD to be terminated immediately. Mr. Drew Miller stated a motion was just approved which enabled the CDD to work in conjunction with Taylor Morrison to amend the permit;therefore, he did not feel there was a conflict of interest. MOTION made by Mr. Ron Miller, seconded by Mr. Tom Kleck, for the Board to immediately terminate the contract with Mr. Tim Hall due to a conflict of interest,failed to pass by a vote of 2 in favor and 3 opposed. 9IPage 16 I 1 Flow Way Community Development District August 22, 2019 Mr. Ronald Miller and Mr.Tom Kleck voted in favor of the motion;Mr.John Wollard, Mr.Drew Miller and Mr.Tim Martin opposed the motion. The motion failed. EIGHTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at approximately 4:25 p.m. IOn MOTION made by Mr. Tim Martin,seconded by Mr.John Wollard, and with all in favor,the Meeting was adjourned. Flow Way Community Development District ,r .r,,,, � James P. Ward,Secretary Drew Miller,Chairperson 10IPage 16I I. MINUTES OF MEETING FLOW WAY COMM`..'N'ITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Th rsday,January 21, 2020 at 1:00 P.M. in the conference room of the offices of Woods, Weidenmer, Michetti, & Rudnick, 9045 Strada Steil Court,4th floor, Naples, Florida 34109. Present and coirs'dituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Tom Kleck Assistant Secretary Martinn Winters Assistant Secretary Andrew Miller Also present were: James P. Wa-d District Manager Greg Woods District Counsel Jessica Tolin District Counsel Audience: David Bogus;" Joanne Holt Karl Schneider Kristin Howlett Ed Staley Bruce Bernard M chael Connor Jonathan Oriole All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINT:SS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted and all Members of the Board were present constituting a quorum. He stated there would be a period of public comment at the end of the meeting for non-agenda items. SECOND ORDER OF BUSINESS Public Comments for NON-Agenda items Wage 16I 1 Flow Way CommunL i : lopment District January 21, 2021 Individuais are permitted to speak on items on the Agenda during that item and will be announced by the Chairperson;comments limited to three minutes Chairperson Stamp indicated there wouid be a time for public comments regarding non-agenda items at the end of the meeting; however, he would be happy to recognize speakers for brief comments during regular Agenda Items. THIRD ORDER OF BUSINESS Consideration of Minutes December 17, 2020 Regular Meeting Minutes Chairperson Stamp asked if there were any additions or corrections to the Minutes; hearing none, he called for a motion to anorove the December 17, 2020 Regular Meeting Minutes as presented. On MO T ON made by Mr. Tom Kleck, seconded by Mr. Martinn 1 Winters, and with all in favor,the December 17,2020 Regular Meeting Minutes were approved. FOURTH CRDER OF BUSINESS Authorization to Advertise Authorization to Advertise for District Engineer in accordance with the Consultants Competitive Negotiaticns Act(Cl-apter 287 Florida Statutes) a) Letter of resignation of Waldrop Engineering as District Engineer for the Flow Way Community Development District,dated December 21, 2020 and effective March 21,2021 Chairperson Stamp askec District Manager Jim Ward to review this Item. Mr.Jim Ward: Waldrop Engineering who was the District Engineer has resigned as the District Engineer for this particular District. The effective date of the resignation is March 21, 2021. That is based the firms contract with the District. The way which the Statute works is Chapter 287 of the Florida Statutes indicates a District must advertise publicly for retention of a new District Engineer. You can hire interim people on a temporary basis. In order to have a permanent engineer, we need to go through the CCNA process. This means we need to advertise in the newspaper in Collier County and any engineer may submit their proposals to us. The way in which this statute works these are non-price-based proposals. They are only qualification-based proposals. Based on those qualifications, if you receive at least three of them you have to rank them, #1, #2, and #3. If you receive more you do not need to rank the additional ones, if you receive less you will rank however many you receive. Once you rank those three firms then I will have to go back and negotiate a contract with them. They will identify their fee structure. The fee structure will simply be what their hourly rates are for their charges and then I bring the contract back to you for approval at a Board Meeting. This process takes 3 months generally speaking. This particular item on the Agenda is simply for authorization to go through the process of advertising for a new District Engineer. 2IPage I6I1 Flow Way Community E avelopment District January 21, 2021 Mr. Rom Miller: Is this hourly or a set fee for ssrvices? Mr. Ward: They are generally hourly rate contracts, and then we authorize them to do specific tasks. If it's me authorizing, son-:'-imes when it's a 1-hour job, I don't ask for a proposal. If it's something more than that l will ask for c roecific scope. and fee to do that and sometimes I will bring it back to the Board depending upon how mach it is, or I will go ahead and authorize the work as appropriate. They don't have carte blanche to go out and do c ything. Mr. Stamp asked if there were any further questions; hearing none, he called for a motion. On MOTION made by Mr. Tom Kleck, seconded by Mr. Martinn Winters, and with all in favor, the District Manager was authorized to adverti'z for a District Engineer i-^ accordance with the Consultants Competitive Negotiations Act FIFTH ORDER OF BUSIN ISS Consideration of Resolution 2021-2 Consideration of Resc lion 2021-2, a Resolution of the Board of Supervisors of the Flow Way Community Developm€, t District Declaring Special Assessments; Indicating the Location, Nature and estimated cost of those Improvements which cost is to be defrayed in whole or in part by the Special Assessments; Providing the portion of the estimated cost of the improvements to be defrayed in whole or in part by the Special Assessments; Providing the manner in which such Special Assessments shall be made; Providing when such Special Assessments shall be made; Designating lands upon which the Special Assessments shall be levied; Providing for an assessment plat; Adopting a preliminary assessment roll; Providing for a Public Hearing :y consider the advisability and propriety of said Assessments and the related improvements; Providing for Notice of said Public Hearing; Providing for publication of this Resolution Chairperson Stamp: Next item is the consideration of the Resolution regarding the Hatcher property. Is there a motion on that? Mr. Drew •;iFller made a lotion to approve Resolution 2021-2. There was no second. Chairperson Stamp: Is t'iere a second? Hearing nor?, we'll move on. SIXTH ORDER OF BUSINESS Consideration of Resolution 2021-3 Consideration of Resoltion 2021-3, a Resolution of the Board of Supervisors of the Flow Way Community Development District setting a Public Hearing to be held on March 18, 2021 at 1:00 P.M. and held at a Location to be determined during this meeting, for the purpose of hearing public comment on Imposing Special Assessments on certain property within the District generally described as the Flow Way Community Development District in accordance with Chapters 170, 190 and 197, Florida Statutes Chairperson Stamp: Item 6 becomes moot. We will move on. Wage Page 1611 Flow Way Community C- -eiopment ?!strict January 21, 2021 SEVENTH ORDER OF BUSINESS Consideration of Resolution 2021-4 Consideran of Reso ton 2021-A, a Resolution of the Board of Supervisors of the Flow Way Community Developme c District designating new location for the remaining Regular Meetings of the Board of Supervisors of :ne District for Fiscal Year 2021 Mr. Ward: The District adopted a Resolution which sets our board meeting dates, times, and location. At that time, they were at the prior attorney's law offices. I have redone this Resolution to set the balance of the meetings for 2021, same dates, same times, but at the location here of Woods, Weidenmiller, Michetti, & Rudnick, 9045 Strada Steil Court, 4th floor, Naples, Florida 34109. This simply allows me to advertise the balance of the meetings at this one location rather than having to post a separate meeting notice for each neeting. it doesn't preclude you from changing dates, times, or locations of meetings in the future. it merely allows us to have a regular board meeting date, time, and location. Chairperson Stamp aske' if there were any questiors; hearing none, he called fora motion. On MOTION made by Mr. Ron Miller, seconded by Mr.Tom Kleck, and with all n favor, Resolution 2021-4 was adopted, and the Chair was authori ed to sign. EIGHTH ORDER OF BUSINESS Staff Reports Staff Reports I. District Attorney—Woods,Weidenmiller, Michetti,&Rudnick a.Code of Ethics Complaint process Mr. Drew Miller: Last month I asked Mr. Woods to review,just to make sure that the CDD wasn't opening itself up for any kind of litigation risk on not passing the Resolution 2021-2, and 2021-3 Hater Resolutic-s. Mr. Greg Woods: No, there is no exposure for not moving forward on those Resolutions. Mr. Ron Miller. I understand you maybe had a touch of COVID? How are you doing? Mr. Woods: I am in day 5 and day 5 is much better than days 1 and 2, but day 5 still isn't a picnic. I'm doing pretty good. Thank you, Ron. Mr. on Miller: I wish you a speedy recovery. Chai-person Stamp: You want to talk about the code of eth'cs complaint? Does anyone have any questions on that, 4IPage 16I1 Flow Way Community D'=velopment District January 21, 2021 Mr. Ron Miller: I think last month we left this open for further discussion. I've been back and that Section 112.1341 whatever, talking about Board Members being required to abstain from voting on financial matte: that would benefit their employer. i think that statute has been violated, and i think it has bee, violated numerous times. i would like to visit on what I think was the most egregious violatic It was where the three Taylor Morrison Board Members presented motions and passed then- to allow the Chairman to work with South Florida which was definitely an adverse position Ji,ancially for the CDD per statute with respect to Taylor Morrison it was to retroactively relic.e Taylor Morrison of mitigation and to totally eliminate the funding of the preserves. Clear', ft benefitted Taylor Morrison, and clearly it was adverse to the CDD. I think there has been a olation and my job kind of got at that time and it was brought up and clearly mentioned at the time about fiduciary responsibilities and even the site of the Florida Code of Ethics. That did not slow down the three Taylor Morrison Board Members. They made the motion and passed it, and so I think the Board needs to pursue the code of ethics violation. It might be unfair to the other Board Members to make a motion at this point because this might be pressure on your minds. Maybe you read the Statute, maybe you haven't. maybe you've thought about the South Florida situation, maybe you haven't. I want to at this point make a motion that we ask the CDD to file that Code of Ethics ✓iolation at this point. i would ask the Board Members to think about that between now and the February meeting where we can further discuss it and perhaps add that motion to do so. Mr. Tom Kleck: is there any recommendations from Counsel as to how the CDD should approach this? Mr. Woods: Because of the nature of our litigation against Taylor Morrison, I think there are a lot of reasons, in traditional litigation, and even for the CDD, i would recommend against filing the Ethics violation. if turns — Taylor Morrison will use it in the litigation against us and will say basically the CDD Board is now trying to be vindictive and taking personal shots back at them. i think it undermines our very good position in the litigation. That's the primary reason. The second, an ethics violation, it's arguable whether or not there was a technical violation or not. I understand your position and your reading of it, and you could get there, but it is not as clear cut as I think you thin'-it is. It would be an opportunity, if an individual not on the Board, if a resident of the community wanted to file an ethics violation, I think that would be fine, but I would try and dissuade the Board from engaging in that activity itself. Chairperson Stamp: i understand the frustration, with the Taylor Morrison people on the Board. The difference is, 'ndecipherable)As he said, if a private citizen wants to bring this, I wouldn't tell them not to. They-ould certainly do that on their own dime. And I also don't know that the CDD is authorized to bring this. I don't think they are authorized to own the preserve either, but that's another question. You know that what the duties of the CDDs are, they're there to file ethics complaints, but I'm not sure about that. That's my reading of it. Maybe it falls into some of our general powers to do that. I would also say we might want to revisit this down the road if what I think will happen happens, and that is during discovery we are going to find out that these earlier Taylor Morrison Meetings were totally scripted and directed outside of all the Sunshine Laws. If you look at their minutes, there is no debating, there is no discussion, there was no dissent, there was no "what's in the best interest of the resident?" It was all fairly scripted. I think that may come out and that may be something more substantial, more easily proven, than what you're talking about. So, we will leave it open as an item at this point. 5IPae 16I1 Flow Way Community Development District January 21, 2021 Mr. Martinn Wint',rs: l have a copy of the minutes from the September 18, 2018 Board Meeting wherein the Boara voted to accept the external preserves, and it looks like maybe some of the Taylor Morrison representatives on the Board were omitted from the litigation, and / was wondering whether or not the litigation is going to be modified to make sure we get all the Taylor Mcrrson Board N F_'nbers. Chairperson Stamp: There was a mistake there. There will be an amendment. Two of the named merbers will be dropped, two will be added. There might be a couple of other amendments as well. Potentially the homeowner's association, because it's my assumption and others that in a few months the homeowner's association will probably be a co-plaintiff with us. But they were brought in in an abundance cf caution, so any rights they had, if they wanted to preserve them, they were at the :able. So, yea,';', at the end of this we will talk about the lawsuit, and I've been working with counsel on getting that going. II. District Engineer No District Engineer report. III. Distric', Manager—.. Ward&Associates, LLC a) Financial Stateme;?ts ending December 31,2020(Unaudited) Mr. Ward: I have nothing for you. NINTH OFDER OF BUSK :SS Agreement with MHOA and District Agreemer:with Mt `: Jomeowner's Association and District Chairperson Stamp: Wr. had hoped have a joint call between the HOA and the HOA Council and the CDD Council, but unfor:••'ately that was not able to be arranged. It will be held next week to work this out, but it is my feeling, id I think mcst in here feel we ought to cancel this and move on, but Jim do you want to give us your thc. ghts? Mr. Ward: As you know, there is an agreement that has been in place with the Master Homeowner's Association since 2013 , 2014 and it really covers the maintenance of the District's water management system which are lakes or:d littoral shelf plantings, the use of irrigation line that supplies irrigation water to the community and entranceway landscaping. Generally speaking, in transition CDDs, many of them choose to move those agreements back into the CDD for operation and maintenance for efficiency purposes, and for the District's overall ability to actually manage that type of an asset in a fashion different than the way I see most homeowner's associations do that. Last year, this was in your budget. I recommended to you that it be done. I haven't changed that recommendation to you at all on a going forward basis, and I think it's something you should consider, especially now that I know you are going to begin the transition to a resident controlled HOA board which I know will put 10,000 things on their plate to deal with. Wage 1. 6 1 1 Flow Way Community Development District January 21, 2021 Mr. Drew Miller: You have property and landscaping. I pointed out the map last month. I suggest with you work with the HOA on a new agreement. Not to say the HOA would stop maintaining that area, but if you just wholesale get rid of this w it:'wut having an agreement on that area, to me why don't we vote one of you to coordinate with the HC' and at least put together something that makes sense. There are still property and assets :hat are in the CDD that probably make sense to stay in the HOA, like the front entrance landscaping. :at's probab;- r-he easiest thing, a simple amendment to the agreement rather than just a wholesale ge -id of it. it's up to you guys. I'm just throwing that out there to help. Mr. Ron Miller: I think the best way is to terminate that agreement, and we can do that on 30 days' notice, it's pretty easy for us to do. in my mind the question is more about timing. It's gone on this long and maybe think about 3 timing coterminous with the turnover on the HOA side. I like Drew Miller's thoughts about the landscaping. If that's the only landscaping the CDD is involved in and the HOA has everything else under the sun, we might want to continue. The HOA would have to go along with, but we need to think about saving that with the HOA. Mr. Drew Miller: I have `from last month's—things like 142, the landscape exhibit, it shows you what the CDD's land deeded ;.rat requires landscaping, it might help you to use that exhibit in the agreement and work something out where at the very least, they would take that. That would be my suggestion. Mr. Ward: There are three elements of the existing agreement. There is landscaping out on where the arterial road is, the irrigation system, and the drainage system. Drew has a good point with respect to the landscaping, and irrigation. i am unfamiliar with those two pieces of that puzzle. The water management system actually is, while the biggest part of the transaction, the easiest part to transition. Working out another agreement with them I think would not be that difficult to do, and clearly maybe they would like to keep that. Maybe it's better for you all to turn the landscaping and the irrigation over to the HOA and let the District handle the drainage system. In any event, waiting till that transition point is probably not something I would do. I would suggest we start that now, but unless we have some idea of where we want to gc with that, I think there is nothing to do. i would suggest we start that and at least have some direction. We can at least start that transition with one of those assets, at least with the drainage system, a maybe deal with the other two parts on a going forward basis without me having to terminate the entire agreement. I think l can take a look at that and pull-out pieces of it if necessary. Chairperson Stamp: We have to give them 30 days. We can give 60 days, which would give us time to work things out. Mr. Ward: Yeah, or alternatively if you just want to give me direction to work out a solution to this problem, whether it's ti:e entire agreement or parts of it, we could move forward with something without having to do a termination at this point. Mr. Winters: There has been a new story on Link News three times that Esplanade is laying off its employees, and while that may be a mandatory 60-day notice to the employees, it is having an unsettling effect on the employees and staff that maintain the HOA and my concern is that people are going to be paying more attention looking for jobs, than they are for maintaining things. I think as soon as we get control of the assets that the CDD is ultimately responsible for, the better. My second concern though is any more of Taylor Morrison's responsibilities than we already have, to the extent that there is deferred movements on some of the ponds and waterways, grasses growing where they shouldn't be, 7IPage 1611 Flow Way Community D ✓elopment District January 21, 2021 that neec to be removed. Plantings that haven't been done. I want to make sure the CDD does not inherit any of Taylor Morrison's responsibilities. They've deferred enough to the residents as it is. Mr. Kleck: I wanted to go along with what Mr. Winters'said and get some clarification for, not only the Board, but for the homeowners about the status of the lakes and the ponds. I'm getting several emails and nasty calls about W;y our ponds and lakes are turning into swamps. My point is, at this point I don't think the CDD is responsible for it, and doesn't the County have to approve it before you guys can turn that over Drew? Mr. Drew Miller: I don't know about vvhat the turnover process is. There is definitely a permit out and some bonds out. The fixtures I've seen are all looking good as far as I can tell with my laymen eyes. I don't think there is—but my understanding is we just hired somebody last time to go do the review of it, so I think cll of that is bey 7g processed. Mr. Kleck: So, who is responsible for it right now? Taylor Morrison? Mr. Drew Miller: I don't know that answer. There is some responsibility for both. Chairperson Stamp: Sc, would the solution here be to authorize Jim to move forward starting to negotiate the ultimate cancellation of the contract end let us cancel it at the next meeting? Does that get you to where you need to be from a time standpoint, and we can— Mr. Ward: If we cancer it or not is — if you want to start it, we need to start the process. it doesn't go anywhere without attic Mr. Ron Miller: Jim, it your thought process about moving forward, would we think we would be knocking with the HOA about that one'get their viewpoint before we start taking lateral action? Mr. Ward: I think talking to the homeowner's association is a good idea, whether the existing or whoever the new board members will be, it wouldn't hurt to have a talk and let's see what we can do about moving the process forward. That's always a good thing. Mr. Winters: is this sc :-ething we could do Jim? Could we get the authorization to do it? Or is it something one of us is better positioned to do? Mr. Ward: It's easy for, e to do it, but if you want to do it you can try to do it. I'll be glad to do it, but I'll be glad to work with you on it. Mr. Winters: You are probably better qualified to do this than I am, but I'm happy to ride shotgun with you and try to act as a liaison or go between with the HOA. Chairperson Stamp: So, the consensus here is you are going to terminate it at some point, but we are not agreeing on it being certain. Mr. Martinn Winters made a motion to give the District Manager authority to move forward to carve out sections of the maintenance agreement such as the appropriations CDD and lead with the HOA agreement towards something more appropriate with the HOA, and Mr. Ron Miller seconded the motion. Wage 1 Flow Way Community Ocvelopment District January 21, 2021t61 Mr. Tom Kieck: Will thy= CDD Board and the HOA Board have the ability to meet together and hold a meeting according to the Sunshine Lc;us; etc.? Mr. Ward: They are aiv'nys welcome to attend your meetings and provide input. A joint meeting would be them attending a CDD meeting. On !IC-TON made by Mr. Martian Winters, seconded by Mr. Ron Mill<rr, and with four in favor and one opposed, District Manager Jim War: w,-s given authority to move forward to carve out sections of the maintenance agreement such as are appropriate to the CDD and leave with the 'fOA what deems to be more appropriate for the HOA. TENTH ORDER OF BUSIN3SS Discussion of Preserve Funding Discussion of Future Fuming of Preserve Mitigation and Maintenance Chairperson Stamp: What I am thinking here is having the Board pass a nonbinding resolution saying that basically we are through funding the preserves coming from the Fiscal Year we are in and give Jim some direction on putting together the budget and also lets us go to the Corp of Engineers and say we don't intend to fund this anymore. We don't think we should. How are we going to work this out? This is not going to be a binding resolution. If I can go to them and say the board agreed 3 to 2 or whatever but that is certainly our -tent. We can go a different direction, but that's my thought. Mr. Ron Miller: So, you are looking for a nonbinding resolution to open a discussion with the Corp. Chairperson Stamp: Yes. i don't want to just walk in and say this is what I think as we are just going to do it. I want to be able to go in and say the Board has told me this is what they want. Mr. Drew Miller: Can w. ask Greg to ch,me in on whether making that motion opens us up for litigation from bond holders because we have an obligation to maintain the assets the CDD owns? I don't know how that ties into what the bond holder obligations are. Have we looked at that? If we are making a move that says hey, we are definitely not going to pay, are we making any kind of statement that might put us in jeopardy? Chairperson Stamp: We are not talking about not funding the operations and maintenance or paying off the capital debt. This is only the preserves. Greg, do you have an opinion? Jessica? Mr. Woods: We have not spoken with the bond holder's counsel as to any specifics. Our understanding is we would probably not be violating the terms, but we are trying to confirm that with the bond holder counsel, so I would like us to take a look at that before we express an opinion one way or another. Chairperson Stamp: Would it be your advice to hold off on this move of the Board for a resolution or otherwise deal with it? We can always come back and reverse it. Mr. Woods:(Indecipherable.) Wage ib I 1 Flow Way Community C elopment District January 21, 2021 Mr. Ron Miller: Greg, there are different reasons to be looking at the bond indentures, the 2014 bond indenture for the purposs of looking forward to refinancing it which we cannot do until 2014. For that reason, totally different from what we are talking about here, I just recently went through one of those, and I recall reading the indenture that was specific to the boundaries of the CDD and the internal preserves. I didn't se! anything that bond indenture with respect to the external preserves whatsoever. That bond holder didn't even know they existed; it wasn't a part of it. You might want to take a look.. but i don't t', nk that sh,o:, d be an issue because it is not even a part of the indenture. Mr. Woods: Let us confi rn. That's a good point Ron. Let us confirm that and if that is in fact the case, you are right. Mr.Zack Stamp: We would prefer if you could hold off until the next meeting on this issue. Mr. Ward asked if Mr. Ron Miller and Mr. Kleck were willing to withdraw the motion and second; the motion and second were withdrawn. ELEVENTH ORDER OF BUSINESS Staff Items I. District Attorney' a. Ethics Complaint Chai,person Stamp indicated this Item had already been discussed. b. Petition for Admi•istrative Hearing SFWMD Permit Modification transferring operations to the Flow Way CDD. Chairperson Stami, asked if there were any updates regarding this Item? Ms.Jessica Tolin: n the petition that was filed, there was the order entered dismissing it, so what you could do to pursue it further, there is a 30-day deadline to appeal. We are still within that 30 days. That woul: be somethi,ig that you all could consider doing. I think it would be our suggestion just to ;ursue the lawsuit at this paint, because the South Florida Water Management Dist•:ct's opinion ,,as essential'; that it is cut of their jurisdiction and they want the courts to decide, it probab'y makes sense : pursue the issue with the courts and let them come down to a position as opposed to putting it on appeal and potentially having an appellate decision happen first that may or may not be favorable for the CDD. Mr. Woods: We are kind of late to the game in the South Florida Water Management District action. Our stroncer position is with the Army Corp of Engineers and with the litigation itself. i would rather focus our efforts on the things i think are positive for us as opposed to trying to appeal the South Florida Water Management District where we are more likely to lose and diffuse the momentum we may gain in the other venues. 10IPage t6 1 1 Flow Way Community D welopment District January 21, 2021 Char-person Stam?: Would it be fair to say that South Florida didn't say necessarily that we were wrong, they said ;ou should have been bringing these actions years ago? But because Taylor Morrison controlled the Board-- Mr. Woods: That : a fair statement. Mr. Drew Miller: is it? I read it totally different. Approximately five years prior to the commencement c construction on September 13, 2007, the ERP was modified to update the long- term operating entity to the Flow Way Community Development District, a newly created CDD established by Collier County Ordinance 2002-09. Listen, it would not have come off the ground without modificati_ins to these permits. It's pretty clear. I just want to make sure anybody listening in the audience actually recognizes that, in my opinion, it is not at all what this letter says. This letter clearly__::ys that SFWMD sees the Flow Way CDD as the long-term operating entity. Chairperson Stamc: And if we didn't, we should have objected several years ago. We blew the timing. Mr. Drew Miller: i don't see where that says that anywhere. Mr. Ron Miller: I t• ought we hoc,already filed an appeal. Chairperson Stamp. We did, on. they ruled against us basic, !y saying, too late. Mr. Ron Miller: W'Ten did that cling come out? Ms. Tolin: I'm pui:ing up the document. You could do a judicial review, which would put it in the District Court of Appeals. It was January 5, 2021. Mr. Ron Miller: I find it somehow ironic to be talking in that regard, because the CDD was under control of Taylor Morrison people and those very people are the ones who asked on behalf of the CDD, to change t'r? permit, So, how could the CDD possibly object if they are the ones who requested it? Mr. Drew Miller: don't understand that logic because there is no point in a CDD period— if you follow that logic, that logic would go through for everything? Then it doesn't add up. There is no reason for a COD to do storm water and there is no reason for a CDD to do roads. Now you are finding the whole purpose of a COD and that seems different than what I felt your intent on this suit was. This seems interesting. That logic doesn't follow in my head. c. Memorandum/Complaint regarding Ownership and Maintenance responsibilities for the Main Preserve. Document Link: http://iimwardcdd.com/Files/FW - Taylor Morrison - Filing 12 30 2020.pdf Chairperson Starr:;.;: The complaint, as we indicated earlier in the conversation, there will be an amendment report coming, and the counsel will work on getting that fine-tuned. We will file that in the next couple of weeks if not sooner. Jessica or Greg do you have anything to add to that? 11 I Page 161I Flow Way Community Ca-felopment District January 21, 2021 Ms. olin: I think you've covered the primary changes, which is swapping out the two individual defendants that v✓ere previously named with the two that were on the Board at the time of the transfer in September 2018. Mr. ''on Miller: Je:>sica, at the last meeting, I thought what I heard was the intent was to name the five Taylor Morris personnel on the Board that approved the transfer of the preserves. Is that stilt true? Ms. Tolin: I'm sorry, my audio isn't that good. What were you asking? Mr. 'on Miller: 1 ought that when we discussed at the last meeting the intent was to name the five Taylor Morris,n personnel on the Board that approved the transfer of the preserves. Their names added. Is that my understanding? Ms. Tolin: Yes, that's what we are correcting it to do. Mr. Pon Miller: Okay. That's good. Ana we olso discussed, and we left it open, about adding the three new Taylor Morrison members, post conveyance of the preserves, as named defendants. Are we talking about that as well or is that a different subject? Mr. Woods: We are right now adding John Wollard and Drew Miller. Mr. Ron Miller: Why are we excluding Tim Martin who was part of the three working on the Board at the time? We're adding two, but not him as a third. Before we talk about that I would like to ask if you are a named defendant, can you be deposed or are you exempt from being deposed? Chairperson Stamp: He will be. Mr. Ron Miller:even if(lndecipherable.41:00) Chairperson Stamp: (Indecipherable.) Mr. Ron Miller: Why are we excluding Tim Martin? If we are naming two of the three, why not all th,re-? Mr. Zack Stamp: Correct me if I'm wrong then, but the thought was (indecipherable) bring in the property was the thing that triggers the liability (indecipherable) or other things putting a time period (indecipherable). Whatever our damages are, are our damages. I think we (indecipherable). Adding more defendants doesn't increase the number of the people that are liable. Ms. Tolin: The facts that we are focusing on are the transfer of the preserves which going off of that September 2018 Meeting Minutes and who was on the Board, that's where we got the named individual defendants from. Chairperson Stamp: I have the authority to sign off on the amendment if you want us to go back and look, but I don't think that naming him as a defendant adds anything to the suit. (Indecipherable 43:01.) 12 I Page 16 I 1 Flow Way Community Draeiopment District January 21, 2021 Mr. Drew Miller: sent Jim a letter, and if I(indecipherable;. I don't have to read the whole thing, do I? Do I have to read it if I want to get it :nto the minutes? I want to make something clear anyway. Mr. Ward: I don't have it yet. Mr. Drew Miller: Does it need to be read, or will it become part of the minutes from me sending it to you? Chairperson Stam3: Can we come back to this? Mr. Drew Miller: :=ssentially, 1 think, as a Board Member, i think I have the right to participate despite the pendir:c lawsuit. I have the right to participate even in the shade sessions and some of the privileged information; however, I don't think there is a conflict, but as far as any shade sessions or any behind the scenes is probably a better wcrd for that. Litigation material, I am going to abstain from that. Don't send it to me. i asked Jim not to send it to me. I'm not going to not vote, because ; think I have an obligatio7 to the CDD. i have an obligation to I believe the majority of the residents in the CDD that don't necessarily agree with the direction that this Board is headed. That said, I am going to abstain from any shade sessions or anything like that to avoid any impropriety. wanted to make sure that was on the record. Chairperson Stains:regarding the letters received?(indecipierable 46:20.) Mr. Ward: I have %t. I will make it a part of the record. II. District Manager a. Audit of Preserves Expenditures — In Process, Preliminary schedule - for February 18, 2021 Agenda Mr. Ward: I just finished the scope of services with the auditors. The auditors are a little bit myopic sometimes, but we've got to pass the myopic view. They are going to start that, I think next week, and hopefully it will only take a couple weeks to get it finished and I'll have it ready for you at the next meeting. Mr. Martinn Winters: Is that the same with regard to the CDD maintenance expenses for the preserves? Mr. Ward: All expenses, yes. Any fund related to the preserves. Mr. Ron Miller: Hove we asked the auditor to opine on whether or not the escrow fund, since we don't have it, is that an item required to be put on the books? Mr. Ward: That audit is in draft form. 1 have asked that question, but I think the partner is mulling that over. I suspect it will be a footnote to the audit versus something that is in the balance sheet. 13IPa ; e 16I 1 Flow Way Zommunity D-qeiopment District January 21, 2021 TWELVTH ORDER OF Bt.".'sNESS Board Items I. Board Member--M-,-tinn Winters—Preserves a) Calvin,Giordano Associates b) Ecological Services Associates Mr. Martinn W?nt,rs: We have a proposal for the preserves. We had four or five people that were contacted and into-viewed for the purpose of submitting a proposal for maintaining the preserves, and it came down: to two fira ,sts. There is one that we feel is more qualified based on past experience, expert ,witness testimony, contacts with agencies and so forth, and we are making a recommendation; one of the two. Mr. Ward: I as ; lave indicated before, be:ouse of the COVID situation here in this particular office, the two firr-is, they would just be available by video. i see Calvin, Giordano is with us today. I do know Ecolorr.al Services Associates; 173 is in federal court depositions today and is not available to meet. f you would like to hear from Calvin, Giordano, and Associates, they have made themselves available to do so. If not, then we can move on. it will be up to you. We have Mike Conrer and Bruce 7ernard here f.-orn Calvin, Giordano, and Associates. Chai-person Starr;:: Go ahead aid keep the presentation relatively brief. Mr. Ward: Please :;ive your name prior to spanking and keep your presentation to no longer than five minutes betw ..2n the two of you. Thank you. Mr. Michael Con: er: Senior Landscape Architect with Calvin, Giordano, and Associates. Good afternoon and The :k you for giv:ng us the opportunity to present our proposal to you. Mr. Conner gave a brief histe of Calvin, Giordano, and Associates (CGA), in business for over 70 years, as well as the serves provided by CGA which included planning, landscape architecture and environmental se ,ices. He indicated CGA had offices in multiple locations throughout the State of Florida and h A over 20 years' experience in overseeing preserve/conservation/wetland mitigation areas fc the City of Weston, FL and bringing these types of land to the end of the Army Corp of Engineer,' acceptance and permit requirements followed by taking over perpetual maintenance of these types of properties. He reported CGA was prepared to offer these services to the Flow Way CDD. He stated he understood the conservation area consisted of approximately 1,100 acres and there were contracts in place with a maintenance company for the physical actual mairtenance activities but the CDD was looking for a company to provide oversight of this activity. He stated CGA's proposal was to provide project coordination, assist in the administration and oversight of the maintenance contracts and contractor activities, review payment applications to ensure the contractor was fulfilling responsibilities, provide recommendations of approval to CDD Staff, and act as a project liaison as requested if needed to coordinate with contractors, regulatory agencies, and any residents who might have questions. He stated he understood the developer was still engaged with the firm Terrell, Hall and Associates who were finishing up the Army Corp of Engineers activities and had divided the preserve areas into four or five areas. He noted a couple of the areas had already been accepted, but a couple of the areas had not been accepted and might even require additional enhancements or plantings. He explained CGA would coordinate with Terrell, Hall, and Associates (THA) to ensure CGA was not in conflict with what THA was doing. Mr. Conner continued: We would provide this by inspecting the areas once a year, probably not all ar one visit. We would probably do it in a couple different visits. We would take 14IPage 1 6 I 1 Flow Way Community D:_\eiopment District January 21, 2021 photographs, ma'-•._ recommesmstions, comments, to pass on to the contractor and provide a report as well that we would;:tssent to the Board each year. As far as staff goes, in addition to myself, we have e,a environmental specialist who heads our environmental division, Sandra Lee. She would be ove seeing the e, -ironmental ecological aspects of the inspections. She has a field inspector through ..rdeman who goes all over the State looking at and providing these inspections for these environ_,_ntal areas, as well as myself, registered landscape architect and certified arborist, would be ;yelping wit;. - :ase and assisting with preparing the reports, exhibits, and math, and so forth as needed with the staff I have here in the main office in Ft. Lauderdale. Then, in our construction adm-estration services department we have Bruce Bernard who is also available on this call to answe- questions, :sat he is physically in the Naples area and is readily available to provide any services that we see:at any time for the Community. Our total price for providing this is $25,660 dollars ;For one year, and if that is agreeable to both parties, we could extend it for another two years at that same price. The other item Mr. Winters had asked us was to calculate the future cost to aintain the N-eserves and calculate the amount of perpetual escrow needed to pay for this maintenance. You would be looking at yearly maintenance costs from your maintenance contractor, which .tie understand may be in the neighborhood of$180,000 dollars perhaps, with the .addition of our fee of$25,000 dollars, that would be what you would be looking at in terms of a ye :-r y cost perhaps. We also think it is possible that after the other two areas are accepted by the rmy Corp of Engineers and through that permitting process, then the routine maintenance in perpetuity that the CDD is responsible for may actually reduce the amount of the contracts, mainly s r the maintenance contractor who may just not have as much to do because the requirements are not as stringent as they are when you still have the permit ongoing. He asked if there wers any questions and asked if Bruce Bernard had anything to add. Chairperson Stamp asked if there were any questions; there were none. He thanked Mr. Conner for the presentat;!..i. Mr. Ward indicates the Board would deliberate at this time. Mr. Conner and Mr. Bernard left the Meeting. Mr. Martinn Wint -s: The second proposal, i haven't had the discussions with Jim, and he's got some informatior :n that proposal. If we are going to make a recommendation, should we at least give the Boa: some information on? Mr. Ward: As Mc r*.inn alluded to, we had two proposals, one from CGA and one from Ecological Services Associates /ESA). It is a high-level view. I am familiar with the firm of CGA. They have done work for mr,ny of my CDDs for more than 20 years now. From my perspective they are geared towards just looking at the operations part of this. They are more than qualified to actually look at this partica'ar vendor and give us the reports that we want and need for the fee they are outlining. The sec sad firm that we have, ESA was a recommendation from one of the vendors that i know Martinn hcc'spoken to and i had spoken to who had decided not to bid on this project. I am unfamiliar with the firm. I am familiar with his credentials by just reading about him online and seeing what he is able to do. They are by far superior to CGA in terms of what they can do. His level of expertise is federal level work, so he is extremely well qualified to do this kind of a project and assist us in additional areas of those preserves if we get into, or have some kind of issue with, how that is maintained. He is clearly qualified in depositions. He is clearly qualified as an expert in state courts and federal courts to be deposed on these matters. His fee is$52,900 dollars a year, but if you look at just the monitoring part, and bench it against the CGA, it is about the same 15IPa e 161 Flow Way Community C_,elopment :.7tstrict January 21, 2021 number. It's $25 . 00 or may...;,. $30,000 dollars a year, so they are in the same ballpark. His additional services that he outlired in here went beyond what we were asking for. He was late to the game in term.f asking for ;proposal from him,so I haven't had the ability to flush it out. He is a good firm. IV:gut reaction- is to recommend him to you and say let's try this. I think he is a good vendor for u:. I think Mcrt;nn agrees with that. My recommendation would be to use ESA. Mr. Winters: Ti-s vendor came highly recommended to us by someone who came highly recommended fret Greg Woods law firm. In the chain of command, I think he comes well qualified and cred-able, and I do think if we are going to get into a fire fight, we probably need the most qualified ver.vor possible to represent us through expert witness testimony, or just his ability to gather facts an make sure are protecd. From my standpoint, the extra$20,000 dollars is well spent, but it up to the =card whether or not they want to go with the cheaper proposal as he is also well quc:Pied, he just doesn't have the same credentials as the second. Mr. Kleck: I wonc.. -ed about i,,sse contracts that vie signed with these folks. Are they binding for 30 days, 60 days cancellation type contracts? Mr. Ward: They > usually;or ' year or 2 years, whatever we need them for, but i always put a 30-or 60-day can::.;ilation clo us, at our sole discretion in all these contracts. Chairperson Star:. Is it your _xpectation Jtm that you will exclude the services that raise it to $50,000 dollars an:.in the it ll be more like$30,000 dollars? Mr. Ward: I thin.. I will splitt;:.em. So, we will have a scope of services that authorize specific elements that we do, and the rest of the elements will be there, but he will have to take specific direction from the =DD to implement those additional services. Mr. Ron Miller: I '."ought the se.-vices between the two are the same but that ESA is like $20,000 dollars more,so I :s confused on that, but the services are the same? Mr. Ward: The E.1,4 proposC, went beyond what the original scope was intended to be, so that's how you get the$50,000 dollars. If you do an apples-to-apples comparison of just looking at this vendor and be aching against CGA, you are not far off the same numbers. He may be$20,000 he may be $30,0C.;. They are n the same ballpark, but his credentials are just, I think, above and beyond in this. As Martinn indicated, he came from a vendor that was recommended by Greg Woods to start wi'. ;, sc his credentials are extremely good. Chairperson Stam Do we need a motion? Mr. Ward: Let's just do a motion to rank ESA as#1 and CGA as#2, then authorize the manager to negotiate with the 41 recommended. 1 On MOTION made by Mr. Tom Kleck, seconded by Mr. Martinn Winters, and with all in favor, Ecological Services Associates were ranked r 1, and Calvin, Giordano and Associates were ranked #2, and the Distract Manager was authorized to negotiate with the #1 ranked firm. 16IPae 1611 Flow Way Community L :::eiopment `;St+ict January 21, 2021 THIRTEENTH ORDER OF 5USINESS Auc once Comme Chairperson Stamp ask€: if there were any audience comments. Mr. Ward asked if there ;vas anyone .n the phone with questions or comments for the staff or Board. He asked speakers to sta:e their names prior to speaking. Mr. Dave Boguslawski: just wanted to pass along one piece of information. It involves the maintenance contract between the l-;:'A and the CDD. To the extent that the HOA has maintenance duties on CDD assets, Pope Golf is the '-2e who would be managing that, and Pope Golf has given termination notice to the homeowner's assoc . tion effective March 31. We have been going through a record gathering process with Pope Golf ...nd Taylor Morrison and they have been helpful, but we now have a shorter timeline, so if you have maintenance records needs, it is important to get your oar in the water pretty soon. That's just an FYI. That's all. Mr. Kleck: I have spoken with a couple of the homeowners about advertising that Taylor Morrison is doing for the Hatcher H-ames. One of the things that came is they are saying that there are no CDD fees associated with those ic,:otions. I would like to get some clarification on what exactly that means. Are they not part of Espionage? Are they not paying any fees? Mr. Ron Miller: What I s':w said CDD;ndecipherable 1:07:04). Mr. Drew Miller: That': the Hatcher parcel (indecipherable). That's the debt. We are not putting the debt on those houses, sc they don't have debt on those houses. I felt the best thing for the CDD would be to make it equal and ha > them— Mr. Ward: The answer lc your quesfo.n directly is; Hatcher is in the District. There are two types of assessments we levy: ore is a debt assessment. The Board did not adopt the two resolutions necessary to proceed forward with that(indecipherable 1:07:55)subject to operations going forward. Mr. Kleck: So, the main: nance is one of the things we get on a yearly basis with our tax bill. Is that not included in the Hatcher --operties? Mr. Ward: Hatcher we be on the tax bill for operations if the CDD Board chooses to put them in the General Fund Assessmer or your operating assessment, this summer. Mr. Kleck: Those who I've talked to are concerned about it. Chairperson Stamp: The/are going to pay operations and maintenance. Mr. Kleck: Which is how :such per year? Mr. 1:08:38: $517 dollars. Mr. Kleck: But they do not have to pay the debt that we are all paying for the structure that was set up? 17IPage 6II Flow Way Community Development District January 21,2021 Mr. Ward: There is no infrastructure that was paid for by the CDD in Hatcher that would warrant us the ability to levy an assessment. Mr. Kleck: So, they've paid for that in some other way? Mr. Ward: Obviously,yes. Mr. Ed Staley: Clarification, with respect to the lakes, it came up before, ownership, maintenance easement, water management system, just for clarification, it is my understanding that presently the lakes continue to be owned by Taylor Morrison, that there is a maintenance easement that runs in favor of the CDD because the lakes are part of the water management system, pursuant to the contract between the CDD and Developer at this present time, that water management system responsibility which includes the lakes resides with the HOA. Is that accurate? Mr. Ward: The ultimately responsibility lies with the CDD. The CDD has chosen a maintenance vendor which happens to be the HOA,but the responsibility is always the CDD as it owns that asset. Mr. Staley: So,you've got the three entities involved, the ownership entity, the easement of running and the contract. Mr. Ward: The land happens to be in the name of Taylor Morrison, but our easement allows us to operate and maintain whatever we have over that property in perpetuity. At some point I'm sure Taylor Morrison will obviously want to get rid of that land somewhere. Chairperson Stamp asked if there were any additional questions or comments. There were none. FOURTEENTH ORDER OF BUSINESS Announcement of Next Meeting February 18,2021 Chairperson Stamp: Our next meeting will be February 18,2021. FIFTEENTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 2:12 p.m. On MOTION made by Mr. Tom Kleck, seconded by Mr. Martinn Winters,and with all in favor,the Meeting was adjourned. ATTEST: Flow Way Community Dev I pment District • James p Ward,Secretary Zack Stamp,Chairper n 18jPage tbI ' MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, February 20, 2020 at 1:00 p.m. at the Esplanade Golf and Country Club Naples,8918 Torre Vista Lane, Naples, Florida 34119. Present and constituting a quorum: Drew Miller Chairperson John Wollard Vice Chairperson Ronald Miller Assistant Secretary Tom Kieck Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Counsel Jeremy Fireline District Engineer Audience: Charles Cook Taylor Morrison Ed Staley Martin Winters David Boguslawski Tom Coffey Zack Stany All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. FIRST ORDER OF BUSINESS Call to Order District Manager James P. Ward called the meeting to order at approximately 1:00 p.m. and all members of the Board were present at roll call. SECOND ORDER OF BUSINESS Public Comments I. The Public comment period is for items NOT listed on the Agenda, and individuals are limited to three(3)minutes per person,assignment of speaking time is not permitted,however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes. II. Individuals are permitted to speak on items on the Agenda in accordance with the procedure in I. above. 1 ' Page 16k ' Flow Way Community Development District February 20, 20zu Mr.Ward stated a number of months ago the rules for participation were amended to include a Public Comment section to enable residents to ask questions and make comments on an item not on the Agenda. He noted the Board had no obligation to respond to the comments or to answer the questions asked but could choose to address questions or comments. He noted public questions or comments regarding Agenda Items could be made after Board discussion of,and prior to the vote for, said Item. He asked for comments to be limited to three minutes per person. Mr.Ward asked if there were any Public Comments regarding Items not on today's Agenda. He asked those speaking to state their name for the record. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. Mr. Ed Staley: Pretty simple question. I would have thought with the passage of time that we haven't had a meeting that Tim Hall might be at this meeting to give us an update on the status of kind of where we are on various mitigation, monitoring, all those kinds of things, like where we are on the timeline and those kinds of ideas with the passage of time. Is that not appropriate or--? Mr. Ward: He is not normally asked to be at our Board Meetings. Our District Engineer is. Tim is really just a consultant on the environmental side, but our District Engineer is usually at all the meetings. If the Board would like Mr. Hall at a future meeting it doesn't bother me one way or another. We certainly could ask him to do that if you would like. Mr. Ed Staley: I just assumed he was part of the meeting process, but I am obviously wrong on that. Okay. An Audience Member: Will there be an opportunity later in the meeting for public comment and questions or is this the only opportunity? An Audience Member: Just to clarify, we can do comments this way. Technically our resolution is public comment on things on the Agenda and then if we were to add anything we would add additional public comment periods, but we certainly can do it the way you have structured on the Agenda, but the initial period is, we usually do it for Agenda Items, but we can definitely do it the way you have it structured today. It's fine. Mr. Ward: Okay. So, to answer his question, are we going to do it twice: at the beginning of the meeting and the end of the meeting? An Audience Member: I don't think you have another period for that. Mr. Ward: I didn't because I put it at the beginning of the meeting. An Board Member: Then 1 would do it now for anything that's not on the Agenda if there is a public comment reasonably related to our business. I would do it now. An Audience Member: Well, I don't know if this is on the Agenda, but I just want to make a comment about Director Indemnification. My understanding of Director Indemnification, and we have lawyers in the room who can correct me if I'm wrong, is that Director Indemnification applies when the 2IPage 16 I 14 . Flow Way Community Development District February 20, 2020 Directors are behaving in a fiduciary capacity and in my view this Board has acted in a fashion that is not representing the fiduciary interests of the residents of Esplanade, that Taylor Morrison is not in compliance with it's court order or the settlement agreement, that premature transfer was alluded to in the outside legal opinion that was obtained, that the success criteria has not been met, that 90% turnover hasn't been met. The Army Corp of Engineers states that Taylor Morrison is not in compliance with the success criteria that the outside reserves were supposed to be transferred to a land management agency like CREW with perpetual escrow fund, and the responsibilities of Taylor Morrison have been transferred to the CDD and the Esplanade homeowners with complicity of the CDD Board acting in Taylor Morrison's interest and not in the homeowners interest; thus, I believe this Board is not acting in a fiduciary capacity and the case can be made that Director Indemnity does not apply and there is personal liability amongst these Directors. Mr. Ward: Any other questions or comments from the audience? Okay, we will move on to the next Item. THIRD ORDER OF BUSINESS Acceptance of Resignation Acceptance of Resignation of Tim Martin from Seat 3 and consideration of Replacement Member for Seat 3. I. Acceptance of Resignation of Mr. Martin. Mr. Ward indicated Mr. Tim Martin resigned from his position as a member of the Board of Supervisors. He called for a motion to accept the resignation for inclusion in the record. He noted the resignation became a matter of law as of the date of resignation which was January 29, 2020. On MOTION made by Mr. Ron Miller,seconded by Mr.Tom Kleck,and with all in favor, the Resignation of Mr. Tim Martin was accepted for purposes of inclusion in the record. II. Consideration of Replacement Member for Seat 3 Mr. Ward reported Statute indicated the Board had the ability to appoint an individual to fill the unexpired term for Seat 3 (Mr. Martin's vacated seat) by a simple motion and second. He stated the term for Seat 3 would expire in November 2020. He stated Supervisors were required to be a Citizen of the United States, a resident of the State of Florida and not a convicted felon who had their civil rights removed. Mr. Ron Miller nominated Mr. Martin Winters to fill Seat 3. He indicated he believed Mr. Winters fulfilled the necessary criteria. Mr. Drew Miller asked if all nominations should be made now or if the current nomination needed to be voted upon prior to an additional nomination being made. Mr. Ward responded all nominations could be made now. Mr. Drew Miller nominated Charles Cook to fill Seat 3. He reported Mr. Cook was assisting with the permitting, was knowledgeable about the upcoming Hatcher annexation and would be a good fit for the Board. Wage Flow Way Community Development District February 20, 2020 On MOTION made by Mr. Ron Miller, seconded by Mr.Tom Kleck,with two in favor (Ron Miller, Tom Kleck) and two opposed (Drew Miller, John Wollard), the nomination of Mr. Martin Winters to fill Seat 3 on the Board of Supervisors failed. On MOTION made by Mr. Drew Miller, seconded by Mr.John Wollard, with two in favor (Drew Miller, John Wollard) and two opposed (Ron Miller,Tom Kleck),the nomination of Mr.Charles Cook to fill Seat 3 on the Board of Supervisors failed. Mr.Ward noted the Board could continue to nominate candidates or could choose to move on to the next Agenda Item. The Board decided to move on to the next Agenda Item for today. III. Oath of Office(to be administered during the meeting) a. Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees b. Form 1—Statement of Financial Interest FOURTH ORDER OF BUSINESS Consideration of Minutes August 22,2019 Regular Meeting Minutes Mr. Ward asked if there were any additions, corrections or deletions for the August 22, 2019 Regular Meeting Minutes. Hearing none, he called for a motion. On MOTION made by Mr. Drew Miller, seconded by Mr.John Wollard, and with all in favor, the August 22, 2019 Regular Meeting Minutes were approved. FIFTH ORDER OF BUSINESS Consideration of Resolution 2020-1 Consideration of Resolution 2020-1 of The Board Of Supervisors Of Flow Way Community Development District Authorizing The Filing Of A Petition With The Board Of County Commissioners Of Collier County For A Modification Of The District's Boundaries And The Jurisdiction Of The District Through Expansion; Providing For Certain Requirements Implementing Section 190.046(1) in agreement with Taylor Morrison Esplanade, LLC to fund the expansion (commonly known as the Hatcher expansion) I. Boundary Amendment Funding Agreement Mr. Ward reported Resolution 2020-1 authorized the filing of a petition to modify the District's boundaries to include what was commonly known as the Hatcher piece. He stated when the District issued its last series of bonds in 2019 there were funds put into a construction account,just over$1 million dollars, to build the infrastructure required for the Hatcher piece pending annexation of the land into the CDD and completion of land assessment for the bond issue. He explained Section 190.46(1) labeled the Board of Supervisors as the petitioner for the amendment to the boundaries of Wage 1611 Flow Way Community Development District February 20, 2020 the CDD;therefore, resolution by the Board was required. He stated the CDD had an agreement with the property owner to pay the cost of the annexation through Collier County. He noted processing of the annexation through Collier County could cost$25,000 dollars to over$30,000 dollars. An Audience Member: Does the CDD currently hold$1 million dollars cash? Mr. Ward: Yes,we hold it in what we call a reserve construction account,or a sub-construction account I think it might be termed. An Audience Member:And that money would ultimately be used for--? Mr. Ward: Infrastructure, construction in the Hatcher area; utilities— An Audience Member: Well, I didn't know the CDD actually did construction. Mr. Ward: Well, or acquisition from Taylor Morrison, whichever the case may be. An Audience Member_:And who provided the million? Mr. Ward: The bond series, when we issue bonds, the District obviously borrowed that money, large investors buy that, whoever that may be. They are generally large mutual funds that you see around the country. An Audience Member:Just help me understand. How did this motion or this Agenda Item actually arrive in today's meeting? Who put it there and how did it get--? Mr. Ward: It came to my attention actually when I was doing the audit this year and remembered that we had this Item out there and that money expires on a certain date. January of 2021 sticks in my head. After which it then reverts to a bondholder. It goes to redeem bonds I should say is the way the process works. The process to get through a petition and go through a special assessment process is at least 6 months or so, so in order to meet that deadline date I just basically had it to clear in my file to include it on an Agenda for you in case we could proceed forward. An Audience Member: Okay. Thank you for that. I've got a distinct thought on this. This is perhaps jumping ahead to some things I wish to get into which I think is at the end of the Agenda, but I think that one thing the Board Members here can agree on is that we have some pretty big disagreements over the preserves and Taylor Morrison's obligations. I think we would agree that we disagree on that. To me those are some huge issues out there and those issues at this point are no where near resolution. To do anything further with the CDD at this point I think would only exacerbate those issues. I think this whole thing should be tabled until such time as the bigger issues are resolved because this will exacerbate it. So, I would suggest that this thing be tabled or if somebody wants to have a motion on it, I would just tell you I'm going to vote no. I do not wish to expand the boundaries of the CDD. Mr. Drew Miller: I would like to just let you guys know that will exacerbate the issue for sure because timing wise if Taylor Morrison is not able to sell the infrastructure to the CDD all of the other initiatives that we talked about, everything that was discussed as far as going in when we decided to bring the Hatcher piece into the property, all those conversations will come back up. The other side of this is, if Hatcher doesn't get annexed and we don't move forward with this, the existing costs and every it of SIPage if, Flow Way Community Development District February 20, 2020 cost will just sit on the existing homeowners and those homeowners will have every benefit of Esplanade but without being a part of the CDD because those homes are going to come in and whether they are part of the CDD or not, especially if we have to make up additional funds, so I think we can continue having the conversation of the CDD and the preserves, but I don't think kind like poking TM in the eye so to speak is probably the right move on this particular issue.And I don't think it serves you guys the best interest in the long run either. At the end of the day there is additional 34 homes that are going to share whatever costs because there are costs associated with the CDD and associated with maintaining this community that you are going to not bring them in. They are not going to have to share that cost. Mr. 14:31: I think you are confusing the HOA with the CDD and this is the CDD Board. It is not an HOA Board. If Taylor Morrison brings those homes into the community, if they can do that with Collier County, that's one issue. And how they will share in the cost of the HOA which is not the business of this Board, is that issue. Mr. Drew Miller: But you pay a CDD fee now, both the ONM and the debt so the ONM will only be shared by the homeowners in the existing community. They will not be shared with these 34 homeowners. An Audience Member: The CDD residents pay their share distinctly for the bonds that have been issued for their debt portion and the operating and maintenance expenses on the overall CDD, the difference between 1,184 homes and 1,150 is totally insignificant as compared to the major issue that we have which can be—we can throw out numbers of 5, 10, 12 million with respect to the preserves. Totally insignificant. I do not think it is in the interest of the CDD to exacerbate that issue by expanding the boundaries and bringing in other people and other homes into it. I'm standing on,sitting on it I guess, that this item should be tabled until the bigger issues get resolved or if we wish to have a motion on it, I'll just tell you I'm voting no. An Audience Member: I've also got concerns about the compounding of the problem like Mr. Winters brought up, is who is going to be responsible for this when CREW originally was offering to take over that expense and now we are kind of sloughing it off onto the homeowners and the HOA and the CDD combined. So, I don't think we need to compound it any further. Mr. Drew Miller: So, CREW has voted unanimously not to accept the preserves just so you know. Both their board— An Audience Member: May I ask a question? You may not know the answer to this because this is a CDD meeting. It's not a Taylor Morrison meeting. Has Taylor Morrison made an offer? Mr. Drew Miller: It was presented and voted that they don't want it. They are trying to get rid of existing properties. An Audience Member: I was at that meeting when they had a presentation. There was no offer made by Taylor Morrison. Mr. Drew Miller: Okay. But anyway, the—I believe it's my opinion, and it will be proven that the Army Corp does see us in compliance and that we have been fiduciarily responsible. The CDD Board had the opportunity to sell additional bond to finance any of this stuff. There are many ways that it could have 6IPage ibI Flow Way Community Development District February 20, 2020 financed this. The CDD is in place to do so. Again, I'll just reiterate that I still feel like it's to the best benefit of the community that the preserves stay within the control of the community. I would like to end with a motion to approve resolution 2020-1. Mr.John Wollard: Wollard, second. Mr. Ward: All those in favor? Mr. Greg Urbancic: Public comment? Mr. Ward: Okay, any public comment on this particular item? Sorry about that. Could you put your name on record? Mr. Tom Coffey: I disagree it's in the best interest to keep the preserves in the community. The economic issue relative to perpetual maintenance is one issue which, and due respect to Ron, we don't know what that number is. Usually it's in the number of 7, 8, 12 million. I have no idea what that number could be. Tim Hall has a report that says long term maintenance plan is to do periodic burns and that's the way you control all these in the future. We don't know what the controlled burn will be, how much Collier County will assist in that, the Army Corp will assist in that, Fish and Wildlife will assist in that, could be very expensive. I bet you they don't let 1,000 acres burn at one time. That would be an ongoing thing and we just don't know what that cost is. We have no professional guidance yet. We would like to see that professional guidance. Over and above the economic aspect of it there is a significant liability aspect of it in my opinion. Because right now we have two separate legal entities. There is the CDD and the HOA. They have different, under different statutes of the Florida code, so they have different requirements. Right now, the way Taylor Morrison has it there is a contract that the HOA is responsible for everything on that CDD property. Compliance,maintenance, everything else, so they assume that liability. 1 mean somebody might argue it is the alter ego of the CDD now. And because of that I believe there is significant liability that goes along with that piece of property. We already heard several meetings ago people entering that property from the other end on 4 wheelers, kids and everything else, and having a couple of them go in and get severely injured or something even worse like death occurs. What happens if there is a forest fire in there that burns down some structures on adjoining community or even our own community? Our HOA could be held significantly liability. The HOA I think is only liable for up to$200,000 dollars because it's a government entity, so it sort of skirts that liability. I'm not sure about that. Mr. Ward: The HOA? Mr. Tom Coffey: No, the CDD. So, if the CDD is separate and we don't have any linkage. I'm afraid there is a linkage. To me, when it's just with an outside agency,completely a land conservation agency, and their entire purpose in the world is to do these types of things, it protects the homeowners. So, with all due respect, I disagree with your statement. Mr. Ward: Any other public comment? Mr.Ward asked those present to please state their names for the record. Mr. Martin Winters: As a homeowner/view this not as an amenity. I don't view it as a good thing, I view it as a liability and I think there are many, many homeowners who agree with that. Taylor 7IPage 6 I i Flow Way Community Development District February 20, 2020 Morrison has dumped its liability on the homeowners of Esplanade through this CDD Board with the complicity of this CDD Board. Mr. Ward asked if there were any other comments; hearing none he called for a vote. He noted the motion was to approve Resolution 2020-1 which authorized the petition to annex the Hatcher piece. On MOTION made by Mr. Drew Miller, seconded by Mr.John Wollard, and with two in favor (Drew Miller, John Wollard) and two opposed (Ron Miller,Tom Kleck),to approve Resolution 2020-1 failed. SIXTH ORDER OF BUSINESS Staff Reports Staff Reports a) District Attorney No report. b) District Engineer Mr. Ward indicated a couple of months ago he was asked to put together maps of the District's assets and preserves. He stated a very preliminary map of the assets of the District was prepared by Jeremy Fireline. He asked Mr. Fireline to review the map. District Engineer Jeremy Fireline displayed and discussed the preliminary map of the District's assets which included preserve areas owned by the District, preserve areas to be transferred to the District, drainage access easements,future drainage easements and open space. He noted the preserve areas owned by the District were in yellow. Discussion ensued regarding where Collier Blvd.was located on the map,where the back entrance was located,the access easement, and who owned the properties along the boundaries to the CDD's property. Mr. Dave Boguslawski:A couple of meetings ago there was a neighbor to the north that came to this body and tried to get approval of supporting something to eliminate access because it was bothering them. Was that that open block up there? Discussion ensued regarding the location of the property in question on the map. Mr. Dave Boguslawski: What I heard in that meeting was a discussion around the width of various easements that sort of cut through to these holes if you will, or these other properties, and some of them were very narrow easements and some of them were incredibly wide easements. So, there are also some easements that run through here. Are they marked on the map? Mr. Fireline: No. 8IPage 161 I Flow Way Community Development District February 20, 2020 Mr. Ward: They are on another map that Tim Hall is preparing for us. Mr. Tom Coffey: If we could get the ownership so we know in case something happens. When somebody comes and complains to the CDD because you all won't be here too much—maybe—we need to at least know that I think. Is this just me? Mr. Fireline: The survey would have that. Mr. Tom Coffey: A pictorial would help. The map is good on the boundaries, but I'm confused also because of that—so, under that contract in 2014, the HOA is responsible to maintain all the assets, but there is no list of assets, so what is it exactly—for instance, this is the whole footprint. Some of this is owned by the HOA,some is technically owned by the CDD, but the HOA has assumed that liability to maintain. I would like two separate lists as to what are those specific things that the HOA is responsible for and under that contract responsible for making sure we stay in compliance with it. What are the things in the HOA budget? We are responsible for our own assets. I'm not trying to complicate things, and I don't need it right now, but at some point in time we need to have that clarity, I think. Mr. Ward: That's on the list of things to do. Mr. David Boguslawski: Were there any other lands that are not shown on this map, be it another county, another part of Collier County, that will become the obligation of either this CDD or this HOA as a result of this entire transaction? Mr. Ward: I can't answer for an HOA, but the CDD, this is it. Mr. David Boguslawski: So, there is no other preserves, like 25 acres 200 miles away that we need to pay for? Mr. Ward: No. I'm not aware of any. Mr. Fireline summarized:The Board wished to know the easements,widths, and beneficial parties of each. Mr. Ward stated Mr.Tim Hall had started the process of mapping these out. He recommended Mr. Fireline collaborate with Mr. Hall. Mr. Fireline noted the Board also wished to learn who owned the adjoining properties with a map of the property lines. He noted this information was readily available on the Property Appraiser's website; however, he would be happy to collect this information for the Board. Mr. Boguslawski: If we could have something, either on this document or another document, that said that. I've been to several seminars recently about turnovers and there is a lot of homeowner's associations and CDDs that have been burned by remote properties without knowing,so an early representation of that would be helpful. Mr. Ron Miller: If somebody would allow me, I would like to build on what Mr. Coffey just said because it actually was on my mind as well, my Agenda, this contract that we have with the HOA later on today if I'm allowed to. I forgot to ask you to put that on the Agenda today, but it's on my notes to cover today. But one of the things, and Jim you might look at me and say, "Well, you should know." But 1 really don't. I would like to get a specific list of the CDD assets, so that as a Board Wage t611 Flow Way Community Development District February 20, 2020 Member I know what my responsibilities are for. I have generalities. I know we got the preserves, this, that, the lakes, ponds, whatever, but I don't know specifically what is ours, where we have governance and management responsibilities for. So, if we can just put that on kind of an agenda to followup in the future? Mr. Ward: We will get that too. I know what he wants,so just add that to your list. Mr. Fireline: Okay. Mr. Tom Coffey: Let me give you a couple examples, because I think Jim and I talked a little with email. I know there are somethings in the documents that say something about the landscape area on the front of the development is part of the CDD, but I don't know where that boundaries end. Are the walls it or the guard house? And there was something in there, and I think Jim was surprised by it too, something about the homeowner's irrigation system. Does the HOA own that or the CDD? Because in one place it says it's the CDD and another place I think you thought it was HOA. I think it's going to matter in the future. We just need to know who owns what even for insurance purposes. c) District Manager I. Financial Statements December 31,2019(Unaudited) Mr. Ward stated he had no report. He asked if there were questions regarding the financial statements. He noted the audits were approximately 98%finished and would be included on one of the next Agendas for acceptance. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward indicated Mr. Ron Miller had a list of discussion items. Supervisor Ron Miller: a) FY 2020—Meeting Schedule b) Preserve—Permit Obligations c) Army Corps—Permit Modification for Preserves d) District Expenses for Mitigation Maintenance e) Request of Board to Approve request for Counsel to draft letter regarding various preserve items. Mr. Ron Miller indicated he had many items to discuss and this would take some time. Mr. Drew Miller indicated his family had left for vacation and he was short on time. He noted he would gladly make himself available for in-depth discussion at a future date but asked for Mr. Ron Miller to be respectful of his time. Mr. Ron Miller reported a great deal had happened since the last Board Meeting in August 2019. He stated there was a long history with respect to the preserves. He reviewed the history of the preserves beginning with the court case: That court case succinctly talks about the CREW and turning the land over and the fund to go along with it;that's sunk into the court case. The reason I want to start there 101Fage 611 Flow Way Community Development District February 20, 2020 as a history lesson is even if the Corp would have modified the permit at the request of Taylor Morrison, that still would not have changed that court case. There would still have been a huge issue for Taylor Morrison to deal with. Moving right along, in addition to that court case, there are, to my knowledge three significant permits out there: The Corp, US Fish and Wildlife, and South Florida Water Management District. All of which have this requirement in there. Biological things that we meet success criteria, about turning it over to CREW or some other land conservation agency, and there's timelines and all that. We know all that. But up to last August when we had those kinds of discussions. Essentially it was kind of a future tense, what's going to happen? We don't know what's going to happen. We heard I think in two separate board meetings Taylor Morrison intended to modify the permit language so that the CDD would become the permanent owner without funding. Now, a number of things have happened and maybe start with that because these now are factual past tense events which have not occurred at the last. Taylor Morrison did in fact apply for permit modification with the Corp and the Corp rejected it in totality and even their rejection letter specified sections that pertain to the success criteria and also to the funding. So, that's been rejected. That's a subsequent event. But in the lead up to that there were some interesting things as well because prior to that modification request being final, Mr. Kirby (ph) enforcement office of the Corp, had asked Tim Hall some questions and in Tim Hall's responses to those questions Tim Hall acknowledged that success criteria had not been met. That was an acknowledgement by Taylor Morrison's representative. Then in the actual application for the modification request, Tim Hall again acknowledged that the success criteria had not been made. Then further that, and if I need to Mr. Ed Staley is present here behind me, the two of us were given the opportunity to make a presentation to the Executive Committee of CREW in December. I made that presentation which was, I will categorize it as they understood that this was not a Board presentation by the CDD it was my presentation, but I will kind of summarize it by saying my presentation was an encouragement for them to consider taking ownership of the preserves with the fund at such time as Taylor Morrison could make that offer. There was significant discussion that went on for a while, and in that discussion process Tim Hall represented Taylor Morrison at that meeting, and Tim Hall also made a presentation. His was just an oral presentation. He had nothing to share, but in discussion questions came from the Executive Committee Members of CREW. Among them "Well, tell us about the success criteria"and some things like that, and Tim Hall mentioned in 2018 a portion of the preserves had met the success criteria, but it was a small portion, (I'm paraphrasing now), but the vast majority of the preserves have not yet met success criteria (this would be December of 2019,just a few months ago). When he made that statement, I asked him what has met the success criteria. What area? How much?I didn't really get a good answer to that. I didn't get an answer that may be fully understood. Maybe it was a good one and maybe I didn't understand it well, but I came away with a takeaway that the preserves which have met the success criteria in 2018 is a smaller wooded area over in this area here. That's my belief. I wouldn't take an oath on that because it is confusing, but if that's the case—we did not get into it at that meeting, but I would like to share it with Board Members — if that's the case, that particular section of the preserves was conveyed to the CDD in 2015 with a substantial$400,000 dollar plus mitigation bill, and we have been paying maintenance on it ever since. And Mr. Hall stated that with the balance of the majority of the preserves, as of December, they still have not met the success criteria, yet those preserves were conveyed to the CDD in 2018 when Taylor Morrison had all five seats on the Board. These are factual subsequent events which have occurred. Another question that came out from one of the Executive Committee Member was "What do you think this fund would be? How much do you think it would be?" and Mr. Hall replied "Oh, I think it would be in the area of$3 to$4 million dollars." That came as kind of a surprise that Taylor Morrison would go in there and even acknowledge that there was a funding requirement of any amount. But many of that, with a further few questions of that$3 to$4 million dollar arena that he presented, he said was based upon his view of the future annual 11IPage 16 % 1 Flow Way Community Development District February 20, 2020 maintenance cost and a 5%interest rate. Let me tell you 30-year treasury bills are at 2%and so even if his cost estimate is correct it is 2.5 times more than what he is suggesting based upon interest rates. So, we're talking about large sums of money here. But again, those are subsequent actual events that have occurred that are on the table with all this. Another matter, this will be somewhat repetitive, the permits require Taylor Morrison to receive approval for the transfer of ownership of the preserves. Whether it be to the COD or CREW approval is required and transfer of them to the CDD has not had an approval. That was part of—I think that had discussion characteristics in the modification request. So, when we think about the past,and then we think about these factual events that have occurred since we've last met, and the evidence is so clear that these things exist, and the Corp of Engineers has totally rejected the modification request, which incidentally brings a thought which I left out, is that if there was actually no problem with respect to these preserves and the funding of the preserves, why did Taylor Morrison even need a modification request. Why didn't Taylor Morrison simply say, "No. There's no obligation here." I think the fact that they even requested the modification is an acknowledgement that there is an issue. Having gone through all of that, I would like to repeat some motions I have made in the past based upon this new factual evidence. I take note of what Mr. Winters had said earlier that Board Members do have an obligation to vote fiduciarily in the best interests of the COD. It has nothing to do with Taylor Morrison. That's something that maybe has some sympathy for because of the awkward position that the Taylor Morrison employees are in because the paycheck comes from Taylor Morrison, but they have a fiduciary obligation to vote in the best interests of the CDD which is not in the best interests of Taylor Morrison. It's an awful position to be in. I recognize that,but I didn't create it and I do think the Taylor Morrison folks here should think about that because their—get the time to look at some statutes. You might want to take a look at 190.007 and 112.311 in the Florida Statutes. That's pretty much on point. it's interesting in fact that the 190 Statute which deals specifically with CDDs has a section which addresses conflict of interest. The Statute is saying that there is a conflict of interest for a developer employee to be on the Board. We recognize that there is a conflict of interest, so therefore, in order for the CDD to operate, we are granting a waiver of conflict of interest. Otherwise, Taylor Morrison employees couldn't be on the Board to begin with. However, if you go to the Code of Ethics section, a totally non-CDD section, that does not forgive a Taylor Morrison employee from following the Florida Code of Ethics on conflicts of interest. It only allows you to be the Board where otherwise you couldn't be. So, having said all that, I am making a motion for the Board to seek reimbursement from Taylor Morrison for all past mitigation and maintenance expenses incurred by the CDD to date. Mr. Ward: Any comments from the public? Mr. Tom Coffey: I tend to agree with the comments that the CDD has a responsibility to evaluate all assets that are acquired or transferred to it. And in that they have to do their appropriate due diligence. Understand that. That goes along with any organization, corporate organization or otherwise. I would think that professional consultants and counsel should advise when they see something that is maybe not in accordance with proper business form, and in this case it was very specific that the mitigation wasn't completed, and that it didn't meet the success criteria. This should have been questioned by the Board and documented by the Board, why in their judgment they thought it was appropriate to acquire these preserves or accept transfer of the preserves. Secondly, the provision where it was mathematics were— I think it was around$8 million dollars in that proposal when it was transferred over, and that was the fair value of the property, and that was supposed to be a consideration. That's bogus. I mean the whole property had to be acquired for Taylor Morrison to make a profit. They acquired that property knowing it was a liability. That was just the cost of 12IPae 611 Flow Way Community Development District February 20, 2020 doing business. That was factored into their profitability model when they decided how many homes they were going to build. That land is a liability. It is not an asset to anybody other than the conservation groups and the general population of Collier County protected preserves. It is not an asset to anybody that is associated with that property. It is a liability. So,for somebody to put that mathematics on that piece of paper is to me, inappropriate, and it doesn't meet appropriate valuation methodologies. That's the end of my comments. Mr. Ward: Are there any other comments? Mr. Drew Miller: I wanted to respond to yours because you pointed out the fact that we went into amend this points to something, but I want to remind you the reason we went in was because you initially asked it and brought it up in the meeting and at that time we actually agreed— Mr. Ron Miller: I did? I don't think so. Mr. Drew Miller: You asked about, at that time, what it was and the risk. And I had described that we had done all of the initial—Taylor Morrison at that time had done all of the initial exotic removal, and that your concern at that time was if CREW or somebody else were to come and take the property from you guys and then ask for the money would you be liable for it. So, I agreed at that time that we would amend the permit so that it was 100%clear. So that is what triggered this. At that time Taylor Morrison believed, and still believes, that the CDD was the intended long term maintenance entity for this and that the reason we did was because we wanted to be perfectly clear when we left we left you guys in a good spot to where you felt comfortable with it. That was why we went to it. We disclosed it in the sales contract. We disclosed it when we had the meeting and the CDD took over the maintenance. I did a presentation at one of the meetings with all of the—like all the neighborhood meetings. There wasn't a big uprise at that point. It wasn't until you guys got on the Board, started looking at the permits, and had made some decisions along the way that you've kind of changed your mind. Even the attorney that the CDD hired—I mean, I voted for—to have the CDD give the opinion to the CDD Board of what the liability was on these permits, to make it sound like we are not following our fiduciary responsibility or we're not being transparent or working with you, I'm kind of offended by that. We hired the CDD attorney. They came back and said that it wasn't—forgive me — the attorney at that time stated that he did not see an issue. There wasn't an issue with that. I wanted to note that Tim Hall, and we can have him back at the next meeting, he also states that the CDD, and believes that the COD, that the permit allows the CDD to own the property, or the property be transferred to the CDD prior to meeting success criteria, that the permit specifically states that. That's his belief. We can ask him certainly at the next meeting. An Audience Member: Is he a lawyer? Mr. Drew Miller: No, but he's not a financial guy either, a capitalist. So, you are going to rely on him to make the point that he should know how much money should be in an escrow fund. What he is, is the permitting entity. He is the environmentalist that did this, that knows this. So, if there were two things that he should be asked about, this would be the one thing. Not how much money in an escrow account would fund something. Now, he would be the guy to say how much money is it going to cost us every year to maintain. That's probably in his world of expertise, but not the financial and all that to it. I think that's kind of the thing. That's pretty much what it is. The asset and the liability comment. I agree if you're a CPA it's a liability,but if you're in the community most things—everything that you're benefiting from in that community is a liability. Most of what we enjoy is technically a liability, so I 13IPae 16 % t Flow Way Community Development District February 20, 2020 still believe it's the right thing for the community to maintain and own this property. This was a big win with the environmentalist and with what it is I think it makes a big statement about this community and keeping that in the community says a lot about the people that live there and about the community itself. I think to that end, it's an asset. An Audience Member: Can I ask a question? What is the reasoning, or the downfall,for CREW to do what we're doing? Why couldn't CREW do what we're doing? Mr. Drew Miller: They don't have the same funding abilities as a CDD for one. They don't have the same —it's the same reason why I don't think, in my personal opinion, any of these entities are the right ones. I believe that in the long term, mark this, in the long-term maintenance entities, any of these nonprofits only survive if they have funding, and the CDD has a taxable benefit. If this preserve is truly something worth saving, which I feel like was should agree, a CDD is probably the best way, in my opinion the best way, to ensure that it does remain native preserve in perpetuity. It's the only one. Otherwise, you're trusting Wall Street, some finance guys, to figure it out, and a group of people that may not be interested in the long run in actually preserving that. What the CDD does it makes sure that preserve — it's the biggest thing that the CDD is going to manage. It ensures that will be maintained in perpetuity what is was intended to be. Mr. Ron Miller: Lets get back to the basics. CDD gets it and wants the CDD to pay for it instead of Taylor Morrison paying for it. That's the basics. Are we ready to vote? Mr. Ward asked if there were any additional comments; hearing none he called for a vote The MOTION made by Mr. Ron Miller,seconded by Mr.Tom Kleck,with two in favor (Ron Miller, Tom Kleck) and two opposed (Drew Miller, John Wollard), for the Board to seek reimbursement from Taylor Morrison for all past mitigation and maintenance expenses incurred by the CDD to date failed. Mr. Ron Miller: Move to have the CDD discontinue future funding of the preserves. Mr.Ward asked if there were any questions or comments; hearing none, he called for a vote. The MOTION made by Mr. Ron Miller,seconded by Mr.Tom Kleck,with two in favor (Ron Miller, Tom Kleck) and two opposed (Drew Miller, John Wollard), for the Board to discontinue future funding of the preserves failed. Mr. Rcn Miller: Third motion: That the Board take whatever action is necessary to return preserve ownership to Taylor Morrison. Mr. Ward: That one I'll tell you you can't do. There is no legal authority for us to transfer this asset back to a private corporation. No government can do that. Correct? An Audience Member: I mean to unwind it—it would be difficult to do and I'm not even sure that would be in compliance with the permit. 14IPage 16I 1 Flow Way Community Development District February 20, 2020 Mr. Ward: Governments in Florida generally can't just give back something to somebody, or transfer it to a private— Mr. Ron Miller: Let me try to state this differently. Since Taylor Morrison has conveyed ownership prematurely an has no legal right to do that, it is in error, I make a motion that we take whatever action is necessary to correct that error and to return ownership to Taylor Morrison. Mr. Drew Miller: We have been told by every profession that we have asked that question to that we were—the premature side, I don't believe is what anybody has indicated is the case, so Nay. Mr. Ron Miller: Let me clarify that to taking legal action to void the transaction so that the transaction doesn't exist essentially. Whatever action is necessary to do so. The MOTION made by Mr. Ron Miller,seconded by Mr.Tom Kleck,with two in favor (Ron Miller, Tom Kleck) and two opposed (Drew Miller, John Wollard), for the Board to take whatever action is necessary to void the transaction with Taylor Morrison regarding ownership of the preserves failed. Mr. Ron Miller: I have one more item, and we have already pretty much beat it up for today,so I'll just get it on the table and maybe Jim can work on this. Just get back to the contract that the CDD has with the HOA. It does seem to be an odd contract. My concern, which I expressed some time ago, probably a year ago now, and really shame on me for not having followed up on it. It's an operational thing. In some respects,for the CDD to engage the HOA to do this maintenance makes some sense because maybe the HOA can get some economies of scale and it might be cheaper overall for the Esplanade residents. I'm not trying to draw a conclusion on that. I'm just tossing that out,but it seems to have some other issues surrounding it because as I mentioned a year ago or so, that just having this contract in place doesn't forgive the CDD from its governance. The CDD does have responsibility for the maintenance;it's just using the HOA as a subcontractor is all. And as I sit here on the CDD Board, I'm just going to be perfectly honest, I have no idea what maintenance is necessary. Personally speaking, I don't have any expertise to know what maintenance is necessary, and even if I did, I don't know what maintenance is actually being done. So that bothers me. We need to get to the bottom of it. The assets that the CDD owns and the maintenance that should be done, and the maintenance which is being done. We need to get into that. And so, I'm going to followup on that in the following meeting, but just to put that on the table for now so that we know that's coming. And I guess that I would end that by saying that, and this is just getting feedback from people in the community, various feedback, I don't think that some people, particularly if you're on the other side of this, the HOA, the HOA people, are particularly happy with this contract and it would take Board approval on both ends probably in order to cancel the contract. So,just toss that out there, I think— Mr. Drew Miller: If there is a way we can clarify a contract with the HOA, I don't hear anything that you guys have said about trying to make sure that we know where the lines are, and the contracts are in order. I think that's something, if it's reasonable, that the Board would be— 15IPage � 611 Flow Way Community Development District February 20,2020 Mr. Ward: That's fine. The District does have the ability to unilaterally cancel that if it wants to. Actually, it would do that roughly in the next couple months because we have to do —actually I'm going to start budgets next month or April,so we would need to take action on that. Mr. Drew Miller: i would say maybe if you guys don't mind working with Nathan a little bit, and Jim, and Waldrop can really help with that too as far as trying to identify maybe what should stay with the CDD and what maintenance items need to be held up,so that we can kind of firm that up and make it make sense to you guys going forward. So,if we are going to take the time to do it, lets just go ahead and take the time to do it right and get the agreements in place that the Board and HOA want. An Audience Member: If i could see a list, and Ron could see a list, of things that we are responsible for. An Audience Member: Yeah, we'll start that and work with Nathan to provide some of those things as well on the HOA end. And your input will be important for that. Mr. Dave Boguslawski: i am on the HOA Board and it is unclear to me what value added there is putting somebody else in the middle of somebody's obligation. So, a discussion when this is all had later around this issue would be very helpful. i also am sitting here just confused to death as to why the HOA would ever want to be in the middle of this. We don't need an answer now,but it's a disaster waiting to happen and it seems to me that a separation of the COD Board responsibilities including the oversight from the HOA responsibilities including their oversight should be based on the assets that each one holds at the time. That would be cleaner. It would be easier to manage. But with that said, I'm open to listening to whenever you all discuss it. But it does seem to be twisted all around and a backwards way of managing things. Mr. Drew Miller: One point. i wasn't there, and I don't now where the lines are specifically on the— like on the landscape at the front entry—that's just one item that like if we start to put into a list might make more sense just to keep in the HOA, or have an agreement to maintain the entry landscaping just because you are already maintaining the rest of the community. There might be some of those things that you kind of look at,but I'm open to helping facilitate that,however you guys work through it. We will start with the list that we were all kind of staring at it. And then i think working with Nathan on the rest of that too would be helpful on how you guys want to go forward. EIGHTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at approximately 2:02 p.m. On MOTION made by Mr. Ron Miller,seconded by Mr.Tom Kleck,and with all in favor,the Meeting was adjourned. Attest: Flow Way Community Development District James P.Ward,Secretary Drew Miller,Chairperson 161 Page 1611 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday,April 16, 2020 at 1:00 p.m.via telecommunication. Present and constituting a quorum: Drew Miller Chairperson John Wollard Vice Chairperson Ronald Miller Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Jeremy Fireline District Engineer Tim Hall Turrell, Hall and Associates, Inc. Audience: Tom Coffey Martin Winters Dave Boguslawski All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District ManagerJames P.Ward called the meeting to order at approximately 1:07 p.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-52 and 20-69 issued by Governor DeSantis on March 9, 2020 and March 20, 2020 respectively, and pursuant to Section 120.54(5)9b)2., Florida, Statutes, this meeting was being held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board and Staff were present via videoconference or telephone;no persons were present in the on-site meeting room location. He asked all speakers to indicate their names prior to speaking. He called roll and all Members of the Board were present constituting a quorum. SECOND ORDER OF BUSINESS Public Comments 1iPage 16I1la Flow Way Community Development District April 16, 2020 I. The Public comment period is for items NOT listed on the Agenda, and individuals are limited to three(3)minutes per person,assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes. II. Individuals are permitted to speak on items on the Agenda in accordance with the procedure in I. above. Mr. Ward: Item 2 on the Agenda, we normally do a Public Comments section at the beginning of the meeting. Since we are doing this telephonically today, and by video, I think with the Board's permission we will skip this, go through each Agenda Item, ask for public participation during the Agenda Item, and then if it's a matter that doesn't appear before the Board we can have an audience comment section later in the Meeting. The Board agreed. THIRD ORDER OF BUSINESS Consideration of Resolution 2020-2 Consideration of Resolution 2020-2 Re-Designating the Officers and consideration of Replacement Member for Seat 3. I. Consideration of Replacement Member for Seat 3 Mr. Ward asked if the Board wished to consider a replacement Member for Seat 3 to fill Mr. Martin's vacated seat, or if the Board wished to continue this Item and move on with today's Agenda. The Board consensus was to move on with today's Agenda. II. Oath of Office Ill. Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees IV. Form 1—Statement of Financial Interest FOURTH ORDER OF BUSINESS Consideration of Minutes February 20, 2020 Regular Meeting Minutes Mr. Ward asked if there were any additions, corrections, or deletions for the February 20, 2020 Regular Meeting Minutes. Hearing none, he called for a motion. On MOTION made by Mr.John Wollard, seconded by Mr. Drew Miller, and with all in favor, the February 20, 2020 Regular Meeting Minutes were approved. FIFTH ORDER OF BUSINESS Consideration of Resolution 2020-3 Consideration of Resolution 2020-3 of The Board of Supervisors of Flow Way Community Development District approving a proposed Budget for Fiscal Year 2021 and setting a Public Hearing Thereon pursuant to Florida Law. Wage 16I1 Flow Way Community Development District April 16, 2020 Mr. Ward reported Resolution 2020-3 was the Resolution to begin the Budget process for Fiscal Year 2021. He indicated the Statute required the District Manager to present the Budget to the Board prior to June 15 annually for Board consideration and the Board must approve the Budget for purposes of setting the Public Hearing only. He explained approval of the Budget at this point did not bind the Board to any of the programs or costs contained in the Budget, it merely permitted the Board to move forward through the process towards a Public Hearing date at which time the Board must adopt a Budget and set the assessments in place. He stated pursuant to the Resolution,the Public Hearing was scheduled for Thursday June 18, 2020 at 1:00 p.m. He noted the address was written as the Esplanade Golf and Country Club in Naples;however,he suspected the State would still be under a State of Emergency in June and subject to holding the meeting via videoconference. He indicated attached to the Resolution was a copy of the proposed Budget. Mr. Ron Miller asked if Mr. Tim Hall was present on the call. Mr. Ward responded in the affirmative. Mr. Ron Miller asked if Mr. Tim Hall could make his presentation prior to discussion of the Budget. It was agreed. Mr. Tim Hall asked Mr. Ward if he distributed the prepared memo and maps to the Board Members. Mr. Ward responded in the affirmative. Mr. Hall: First thing I'll do is just run through the status of the preserves as they exist today. The internal preserves, wood stork foraging areas and the western preserve have all been treated and undergone the initial maintenance activity for this year, for 2020. The internal preserves are compliant with all of the permits. They have been meeting their success criteria for the last three years and the District has agreed that they no longer need to be subject to the annual monitoring reports to the District. They've declared the internal preserves as compliant. The wood stork and western preserve areas are also still compliant, but they have another year to go after this year's monitoring report. I would anticipate the western preserve being compliant and no longer needing future monitoring reports to the District. The wood stork areas we anticipate being done in 2021. The northern preserve areas and the section 11 are undergoing treatment now. Anticipate that being done probably the end of May and with some followup treatments to occur on some of those areas. There was some work done back in December to get some initial treatment on some of the grasses that were coming in on the northern end. This year the monitoring of those norther areas also includes an analysis of the regeneration of vegetation and whether or not any supplemental plantings are going to have to be done. We think that there may be a couple of areas along the very northern line where some of the mechanical staging occurred that may need to meet the criteria for replanting. We should know that in a couple more months what the extent of that might be once the treatment is done and we complete the monitoring that's associated with those areas. This is year two. All of the areas are supposed to have at least 50% vegetative coverage. Next year, year three, it's supposed to be up to 75% and then compliance is 80%. We are still working towards that. The vast majority of the area is within those parameters right now, except for some of the little staging areas along the very northern north property line. That's kind of it for the status of the preserves. I know I had also provided a couple of exhibits a while back to Mr. Ward related to adjacent property owners around the preserves and some of the existing easements that are adjacent to or through the preserve areas and I am happy to answer questions related to those as well. Wage 16I1 Flow Way Community Development District April 16, 2020 Mr. Tom Kleck: What kind of plantings are you doing and are you doing any of them on the lake banks? Mr. Hall: The plantings that would be associated with the preserves are only in the preserve area and those would be depending upon the type of habitat. There are some pine areas where if we do plantings it will be three to four-foot-tall pine trees and possibly some ground covers like Andropogon or saw palmetto. Then in the more open prairie areas there may be very limited number of trees and mostly grass planting like Aristida and Maidencane, that would help fill in the ground cover component of those areas. The littorals and all of those would be associated with the lake bank or the actual Flow Way conveyance along the outside edge of the development area are not part of the preserves,so they are not really part of what I'm doing any plantings associated with those would be up to the civil engineer or the CDD association if you are trying to increase plantings in some of those areas. Mr. Kleck: As of right now we are not doing any lake bank plantings. Is that how I understand that then? Mr. Hall: No sir. Not any of the work that I have been asked to do anything with has anything to do with the lake banks. Mr. Kleck: Okay. I would like to know personally if and when that starts, that we as a Board be made aware of it. Mr. Hall: Any planting associated with the lakes that was going to be done, I would think would be done already. That would be part of the overall signoff. If it's not done yet it would have to be done before any turnover or any signoff with the Water Management District. Mr. Drew Miller: What Tim's saying is we would have to initiate it Tom. I think it would have to be initiated by the Board. Mr. Kleck: I was involved with an area on another CDD Board where we planted a lot of littorals on the lake banks, Greg is very familiar with it, and it was a complete disaster. I don't want to be throwing money away planting in an area that wont grow. That's why I would like to at least discuss it when we get to that. Mr. Hall: If the Board wanted to move forward with any plantings and all, I can help to guide or offer advice in terms of the types of plants that could go in and where they would be most appropriate or least appropriate in terms of their ability to survive and the conditions that they would be subjected to. There are no lake bank plantings that I am aware of that we are doing at the moment. Mr. Kleck: I agree that we shouldn't do anything until we discuss it further with the lake banks within the development. Mr. Ward asked if there were any other questions for Mr.Tim Hall. Mr. Ron Miller: Tim, I listened as well as I could to your update on the preserves and thank you for that update. If you would please help me understand which preserves— there are half a dozen Wage 16 1 1 Flow Way Community Development District April 16, 2020 categories of preserves or so that you went through—and I think I heard you say that the internal preserves have met the success standards, but I didn't hear that any other preserves have yet met the success standards. Am I hearing that correctly? Or please help me understand. Mr. Hall: I may have said it that way. The internal preserves have met the success standards for three consecutive years and so no longer have to be included in annual monitoring reports to the Water Management District. The Corps has not signed off on them yet, but they know that the Water Management District has. The wading bird foraging area has met the success criteria for two years, but they were not consecutive, so they way it stands right now, it has met it for one year and this year it's compliant, and if it's compliant next year then that would be the three consecutive years and it could be signed off on. The western preserve, which is to the west of the project, has met success criteria for two years and we anticipate this being the third year that it will meet,so at the end of this season, when the monitoring reports go in, we will request that the western preserve be signed off on and approved,so it no longer has to be included in. The northern preserves in section 11 areas are into the second year right now and once we finish the monitoring, I will be able to say whether they meet the success criteria or not. I believe that there are some small areas at the north end that are going to require some supplemental planting in order to meet that success criteria and if that happens this would be the first year for them to be compliant and then they would have two more successive years before they could be signed off on by the agencies. Does that help? Mr. Ron Miller: Is it a correct statement for me to say that apart from the internal preserves, no other preserves, at this very moment, met the success criteria. Mr. Hall: No, they still meet the success criteria, but they haven't met it for the three years that are necessary to get the agencies to sign off on future monitoring. Mr. Ron Miller: So, you agree they have not fulfilled the success criteria time period? Mr. Hall: The time period, correct. The western preserve should fulfill it this year. We haven't completed the monitoring out there, but once we complete the monitoring every I've seen to date says it will meet it, so the western preserve will have met it this year and could be signed off on. The wading bird area has one more year to go and the northern areas have two more years to go. Mr. Ward asked if there were any more questions for Mr. Hall; there were none. He continued with discussion of the Budget. Mr. Ward: I'm really going to focus primarily on the first three pages of the Budget that you all have in front of you. That is your General Fund Operation. The remaining Budget that you see behind that area the Debt Service Funds related to the various series of bonds that this District has issued. That entire budget is driven only by the principle an interest that's due on the bonds. The revenue is driven by the assessments that come in from property owners related to those bonds and there is nothing we really can do about those versions of the budget. We will focus on the General Fund. From a high level perspective the budget is consistent with what we have had in the prior year, what has been added to this budget are the assets that are currently being maintained by the home owner's association which include landscaping at the entrance to the community, the entire lake's littoral shelves, lake bank systems within the District itself and some amount for the irrigation system which also belongs to the District. The budget numbers for those 5IPage � 6I1 Flow Way Community Development District April 16, 2020 are driven at the moment only from the information I have been able to ascertain from the homeowner's association for what their existing budget levels are in 2020 for that program. So those are the numbers that you have in here for those portions of the budget. If you choose to move forward and keep this in the budget, there is essentially an accompanying item, which is the next item on the Agenda, that requires the District to give notice to the home owner's association that we are going to terminate that existing contract and the District will assume that on a going forward basis. Secondarily, the next major part of this budget is obviously the preserve areas. That budget is consistent with basically—basically it is exactly the same—it is slightly different, but it is basically exactly the same financially as what we have had in the 2020 year going into 2021, and then the lesser part of this entire budget is the administrative side of the budget. That generally remains consistent from year to year for this budget. With that, you will see on the bottom of page 3 the assessment rates that it generates as a result of the preparation of this budget. The way in which I was able to keep this essentially the same—let me go back and explain this in more detail. The District, a couple of years ago, established what we call a cap rate. A cap rate is a rate that as long as our overall operating Budget does not exceed that number then we do not have to do mailed notice to all individual residents of the community. With the operating side of this the addition of the operations for your landscaping etc., the rate becomes$525.08 for next year. The cap rate is$525.10,so we were able to bring this in without having to do the mailed notice and that is in comparison to your existing rate which was$487.67 per unit per year for 1,150 units. The way in which I was able to do this was that 1 did have in here$119,000 dollar reserve in the existing budget, Fiscal Year 2020 budget, that essentially gets consumed by the assumption of the lake program, landscaping program and the irrigation system going into 2020 to keep your rate under the cap rate. I'll stop at this point and open it up to the Board for any discussion, comments, or questions that you all may have. Mr. Kleck: 1 would like to read a statement from one of the homeowners Mr. Tom Coffey: "The proposal to terminate the maintenance contract with the HOA and put charges in the 2021 COD budget, based on his comments, I think terminating the contract between the HOA and CDD is a good thing since we have to maintain a clear delineation between the two legal entities. The cost will be technically the same. Budget looks like to me that the preserve maintenance cost is expected to be about $260,000 dollars in 2020 and the same in 2021. This does not consider insurance, some contingencies and other costs required by the NCOE permit. Treasury bills are one year for 0.16%, ten year will be a 0.62%, 30 year 1.27%. If you factor in future inflation an effective yield is equal to or possibly even negative. So,how much would be required for an escrow fund? $260,000 plus 10%contingency at 0.0127 equals$22.5 million dollars. Note: This is using the 30-year treasury bond rate which is not considered the risk free rate and with no inflation. The risk free rate is usually considered the 90-day T bill rate which is currently 0.09%. $286,000 dollars equals$318 million dollars." Mr. Ron Miller: How much did you say? Mr. Kleck: The T bill rate which is currently 0.09%--$286,000 at that percentage rate equals$318 million dollars. Continuing Mr. Tom Coffey's comments: "We need to stop having our Board Members throw numbers out like$8 to$10 million dollars. We need a professional assessment of the true future costs before we can calculate the present value required for an escrow fund. What is the real cost of a controlled burn? How often will these have to occur? What other costs are truly involved? The clearing of down trees in 2020 is only estimated at$1,000 dollars and the same in 2021. Why is this? There are downed trees all over the preserve. What is the responsibility Wage 16I1 Flow Way Community Development District April 16, 2020 of the CDD to have these trees cleared now and in the future? Environmental consultants reporting on regulating agencies, sampling and monthly visits are a total of$31,700 dollars for 2020 and 2021. Why are the monthly reports and copies of the reports to agencies part of the Board presentation and Agenda? I believe these are reports to stay in compliance,so I would deem this to be material information. Tim Hall has included overall status report for each preserve area as part of the current month's agenda. This report gives an estimate of future maintenance cost and no mention of controlled burning. Why not as this was stated as a primary way to control the preserves in the future in the overall mitigation, monitoring and maintenance plans. Maps, who owns the trails and canal? New lake bank maintenance costs in 2021 of$81,600 dollars. Where were these costs in 2020? How do we know that the lakes and the lake banks were in compliance before Taylor Morrison turned them over? We know they are already doing additional work because of the lake bank erosion and not adequate littoral shelf plantings in Tivoli to begin with. New landscaping budget's amount of$80,400 dollars, 2013 bonds at 6.5%, 2015 bonds, phase 3, at 5%, and 5.375%, 4%, 4.8%, 5%, 2017 bonds at 3.4%, 4%, and 5%, 2019 bonds at 3.35%, 3.7%, 4.125%, and 4.375%. Shouldn't all of these bonds be considered for refinancing now with historic low interest rates? What would be the cost benefit of refinancing each series? I think we should hold firm on not accepting Taylor Morrison's nominee." He asked Mr. Ron Miller to comment on a Cheryl Palmer (ph) letter dated March 2, 2020. Mr. Ron Miller asked if Mr. Coffey was on the conference call. Mr. Kleck responded in the negative. Mr. Ron Miller: Well, thank you for reading that. If Tom were present, I would like to thank him for his comments because I think they are very good comments and get to the point and I've got some further comments to make on that in a few moments. In any event, to respond to Tom's question about the Cheryl Palmer letter which I have written and sent to her and to the Taylor Morrison President of the Florida Division;she received a letter as well. By the way, I will apologize for my lack of technical skills. The letter which I sent to Jim Ward, which is included in the Agenda material, had some edits that weren't properly done. I want to assure the Board members that I did get out a clean letter to both Cheryl and the other president and the letter I sent to Jim Ward still had some red line edits that thanks to my lack of technical skills was an accident, but the proper letter without edits went out to the recipients of the letter. Mr. Ward: We do have a number of audience numbers present who are on voice call. They do include Mr. Coffey. They are muted at the moment and in order for them to speak I have to unmute them for purposes of this call. At this point this is a Board discussion. I will let you all discuss that. When we open it up to Public Comment, I will unmute them and ask them for any comments they may have at that point. The audience can hear you is what I'm telling you at this point. Mr. Ron Miller: Good. Tom Coffey, you can hear me,and thank you for the research and the input that you have provided to the Board today. I will make some further comments on that in a few minutes. The letter that went out to Cheryl Palmer was a summary version recapping all of what we have discussed in the past about the payment of past preserve expenses, the lack of funding for future expenses. The same things that Tom Coffey has put in the information that Tom Kleck just read to us. We could go over that letter together and read it together if we wanted to, but I think it's pretty self-defining in the letter, so maybe just open it up for comments. It's just going over the history of this thing. But I was asking for Cheryl Palmer to intercede and to do something to rectify this situation. I have had no feedback from anyone at Taylor Morrison with respect to that. So, I have nothing further to report. 7IPage 16 I 1 Flow Way Community Development District April 16, 2020 Mr. Ward: This is a novel experience for all of this in doing it this way,so would you like to reserve any future Board Comments, we will open it up to Public Comments, we will close it and then take it back to the Board so you can decide what you want to do with this budget at this point? Is that a reasonable way to handle this? (No response heard.) I'm guessing that's a yes,so Steve, do you want to unmute the audience for me please? We do have a number of audience members on the phone with us today. I cannot see them because they are on audio and not video. If an audience member would like to make some comments specifically related to the item on the Agenda, which is the consideration of the District's Fiscal Year 2021 Budget, I'll ask that you please state your name, make your comments, we will try to respond to you, and at the conclusion of that we will close the audience portion of this and go back to the Board's consideration. Do we have any audience comments on the Budget? Mr. Tom Coffey: Tom, thank you for reading those comments. I'll try to go through the comments that Tom provided. My comment on the$260,000 dollars for the preserve maintenance for 2021, and it looks like the same number for 2020, it's really an observation. That observation was looking back to the Army Corps of Engineer's permit which requires a 10% contingency, and insurance and some fencing and some other things to be included as well, and really my calculations were just looking at the current T bill rates and doing nothing more than mathematics and the calculation was just an observation. The calculation if there was a funded escrow fund, the present value of that would be, could be, a pretty significant number, but the question I have, and I guess this is a question for Tim Hall, is that we have the current maintenance budget for 2020 and 2021 but there is no mention anywhere in the budget so far as to what he puts in his mitigation, monitoring and maintenance plans where he says that the largest long term maintenance will be controlled burns and I'm curious as to what that means, how involved that will be with getting all the interested parties involved such as Fire, Fish and Wildlife, etc., how complicated that is, how many acres would you be allowed to do at once? Is there any idea of what really the long-term maintenance cost, all in, complying with the permits, will truly be? That's my first question and rather than go through the whole list of other questions, maybe, do we want to hear Tim respond to that or do you want me to go through my other questions? Mr. Ward: Let's do it one at a time, I think that's more sensible at this point. Mr. Hall? Mr. Hall: The question about the burns — you're talking about the mitigation, monitoring and maintenance plan where we talked about the controlled burning? Most of the public entities that do this kind of work use burning as their primary maintenance tool. It's not required, but it's generally a lot cheaper for them to burn than it is to go in and do other types of mechanical maintenance,so from a monetary and manpower standpoint they are able to burn their properties a lot easier. That's why it's in the plan. Burning is not a requirement, but the plan and the permitting that was established for it allows that to happen if that is a future maintenance event that wants to occur. You are correct, numbers for that have not been added or included in any of the budgeting that we do. The budgeting right now is simply for the hand spraying and removal of exotics and material by hand is what's included in the budget right now. If fire does get added, most of those habitats out there are an open type community where the frequency of burn would probably in the neighborhood of 9 to 12 years would be about right for them and that would have to be coordinated with all of the surrounding communities, as well as the Department of Forestry and most likely the Water Management District. Most of the entities that do things like that will contract with the Department of Forestry to actually conduct the burn and in that case, a cost standpoint, it can be anywhere from $16 to$60 dollars an acre depending on what they think is Wage 611 '' Flow Way Community Development District April 16, 2020 going to be required to protect all of the surrounding communities from that. But like I said, it's not a requirement, it's an option that's available if the CDD or long-term entity decides to pursue it. Mr. Coffey: Thank you, I understand much better now. So, we have budgeted is the handpicking and work we are doing for 2020 and 2021. Your expert opinion is by continuing that long term, at that size of dollar value,factor in inflation or whatever else,irrespective of controlled burning, that would be adequate to continue to maintain these preserves? Mr. Hall: Yes, I think so. There are a limited number of upland, like palmetto communities up there, where if a load gets heavy or whatever we could bring in a mower for a year and kind of mow the area to do that as a replacement or alternative to burning. You don't have to deal with all of the adjacent communities being concerned about smoke or fire getting away from you or something. There may be little things like that that come up, but the actual maintenance cost, like for 2020 and 2021, I expect that number to continue to go down when the preserves are all brought under control and all of the exotics are on top of where it is mostly these grasses now. I expect the long term cost to go down somewhere around$80 to$100 dollars an acre, whereas right now we are looking at$150 because we are having to do 2 and sometimes 3 treatments a year to stay on top of these little pockets of exotic grasses that we are still trying to deal with. Mr. Coffey: Okay. I see in 2020 we are estimating$1,000 dollars for clearing of downed trees and in 2021 the same number. What does that encompass? Because as I walk the trail, I see all kind of downed trees, so obviously $1,000 dollars isn't enough to clear those downed trees. What downed trees are we speaking about in the budget? Mr. Hall: That was to cover trees that fell into the berm itself Most of the trees that fall into the preserves and are not a danger to any structures or anything else are just left as they are, but the money for if a tree needs to be cleared is if one falls from the preserve across the walking path, or into berm to the point where it's an obstruction that needs to be removed. That's why that number is so low because the incidents of that happen, we don't think will be very often. Mr. Coffey: Who owns the walking trail and the canal? Mr. Hall: The trail outside of the Flow Way itself is part of the berm protecting the Flow Way, so whoever owns the Flow Way is going to own that trail as well. It is not part of the preserves. It is actually tied to the water management feature of the swale itself. Mr. Coffey: Do we know who owns the swale or the canal? Mr. Hall: If it has not been turned over yet, then it would still be under Taylor Morrison's ownership. Mr. Coffey: Okay, so that will be part of the HOA? Mr. Ward: I can't answer for what Taylor Morrison will do. To the extent it is part of the water management system, those properties, if we don't already have easements over them, should be dedicated to the CDD, especially the drainage system. As I understand what Tim said, that is a 9IPage 16 I lam Flow Way Community Development District April 16, 2020 part of the water management system, but it is outside of the preserves or next to it. We can find that out for you. I don't know off the top of my head. Mr.Jeremy Fireline: The CDD does have easements over those. Mr. Ward: Mr. Fireline is our District Engineer, so we have an easement. I think the question, Jeremy, is who owns it, so I suspect if we have an easement, it is still in Taylor Morrison's name, but we will check that for you. Mr. Ron Miller: Are we coming to the point where we think that when it is turned over, we think it will be turned over to the CDD? Mr. Ward: It is not in the ownership of the CDD, but it would normally get turned over to a CDD. It can get turned over to your homeowner's association. The District has an easement over it which means we have the right to use it for our purposes, so the ownership becomes less important to the COD, but either entity would be fine. Personally, I think it should be the CDD but-- Mr. Ron Miller: That is yet to be determined is what we think? Mr. Ward: Correct. Mr. Martin Winters: I have two questions. I understand we are going to be terminating the HOA contract which I presume means the CDD is going to be taking over maintenance responsibilities that are currently being billed through the HOA. Does the $260,000 dollars that's in the 2021 Budget take into account the maintenance responsibilities that the CDD is going to be taking over from the HOA or should that number be higher? Mr. Ward: The$260,000 dollars is only related to preserves. The Budget includes additional line items for the water management system which is $81,600 and for the landscaping which is $80,400. Those are included in the Budget, but they are in addition to the$260,000. Mr. Winters: So that does take into account what the HOA is currently doing? Mr. Ward: It takes into account what they are currently doing of the CDD's assets. As I indicated, that number is based on the information I have that is used by the HOA in their budgeting process. Mr. Winters: Okay. My second question is, I see in the budget an amount for insurance of$6,300 dollars which I presume does not include much liability coverage for anything that happens in the CDD. Have you priced or shopped a higher general liability limit in the event that something happens in the CDD that impacts the surrounding community? Mr. Ward: I think our limit is$2 million dollars on this policy. Generally, my experience tells me that works just fine for a CDD. We don't have that much intrusion or problems. But I certainly don't have a problem bringing additional information to the Board that would give them additional options, or looking at that myself, either one. Mr. Coffey: I see in the budget that Mr. Hall submits regular reporting to various agencies for sampling, monthly visits, and my comment would be, and this is not a yes or a no, it's something 10IPa e � 6I1 � Flow Way Community Development District April 16, 2020 the Board might want to consider. I think those reporting to regulatory agencies, if/was on the Board, I would be in favor of material reports, especially considering the preserves, I as a Board Member would like to have those as part of access to the records we could look at periodically. This is just a comment. The Board has to consider that. The other observation I would make is that as I go through the bonds and the interest rates that Tom Kleck was referring to, the 2013 bonds were 6% and 6.5% interest respectively, the 2015 phase III bonds were 5% and 5.8% respectively, the 2015 phase IV 5.38%. You down these lists and with today's interest rates, obviously there is a cost of refinancing, but I think it would be prudent for the Board to bring in the finance expert with the current historic low interest rates and consider whether plausible,feasible, and economical, especially considering the constituency of all the residents, to refinance these bonds. That's something I, as a resident, would suggest the Board might want to consider. Mr. Ron Miller: I couldn't agree more. If you can refinance today, then you're going to get a much better interest rate than is currently in place. It is my understanding and please Jim, or anyone else that might have some information on this please, speak up. But I think we raised this, or I raised this perhaps a year or year and a half ago, and my memory, which may be poor, but my memory is that with respect to each of the Bond issuances, the first call that we have the possibility of doing a refinancing is 10 years,so we are stuck with the current interest rates for ten years from date of issue. If that is correct, then certainly as a Board we should be very much on top of this and refinance each and every one of them as soon as possible, but my understanding is there is a 10-year call period. Mr. Ward: Ron is absolutely correct. He did raise this question a year or more ago with me, and each Bond issue separately has a 10-year call protection on them. That is what all CDDs in the entire State and some local governments use also. The first opportunity for refi would be 10 years from the issuance date, so the 2013 Bonds would be 2023. That is always on my radar screen as we get closer to that 10-year call period for us to do that. So, not in 2021, but sometime later next year we will have to look at that process. I don't remember the exact date of the issuance of the 2013 Bonds, but probably at the latter part of next year when we should start doing that,and then they renew in sequence from there based on the issuance dates. Mr. Ward asked if there were any other questions or comments from the audience; there were none. He indicated as such Board discussion would continue at this point. Mr. Kleck: One of the questions I have for you, and it's more curiosity than anything else, I understand and know what a simulated burn is. I believe you alluded to it's more of a mechanical and a spraying burn, or simulated burn that eliminates a lot of the ground cover that needs to be taken out. From a cost standpoint how less is a real burn versus a simulated burn per acre? Mr. Hall: Honestly, it depends a lot on the habitat type that you are working in. It could be as simple as running a mower or a small disc through the area—roller choppers they call it that kind of chops up the palmettos and it puts a lot of the dead material down onto the floor where it will break down really quickly and opens up the upper components so that the plants can sprout out and put out a lot of new growth. Something like that is really inexpensive in terms of it's a guy on a tractor pulling the piece of equipment. That can be very inexpensive. A burn can be inexpensive or expensive. I would anticipate if we do try to do actual controlled burns on this property it will be a little bit more expensive because of the care and the labor intensiveness that would be needed to make sure that it doesn't get away into the surrounding communities. Because our preserve is 11 I P a g e 16I 1 Flow Way Community Development District April 16, 2020 kind of a cul-de-sac going down into communities on really three of the four sides the care that would be needed and the timing—just because you want to burn doesn't mean you would be able to if the conditions and the wind and the relative humidity and all are not right, then you're not going to be able to get permission to burn,so sometimes the conditions don't present themselves for several years to be good for doing that. When we wrote the management plan, we wanted to leave burning in there as an option so that no matter who took them on as a long-term project, that they would be able to manage them in the manner that they are accustomed to. Mr. Kleck: Thank you Tim. Mr. Ward asked how the Board wished to proceed. Mr. Ron Miller: I have some suggestions. My suggestions go down the path of moving the Budget forward by severing the Budget in two pieces, which I'll make a motion on in a few moments. But I intend to motion to sever the Budget into two pieces:The Debt Service piece and the Operational Budget piece. With respect to the Debt Service piece only, I want to make it very clear that I am in favor and do intend to vote in favor of its approval. We do not want to do anything at this point which would jeopardize the debt service as I think there would be some significant consequences to both the residents, as well as to Taylor Morrison if we did not fund the Debt Service. Mr. Drew Miller: You're going to have to explain to me how that would work Jim. So, if we sever those two; who processes the payments? Who manages that? Who actually manages the Budget Operation in the Debt Service Budget? Mr. Ward: I do that. Mr. Drew Miller: Where is your budget in there? Mr. Ward: Within the Operating Budget itself you'll see there is a section called appropriations. It has legislative, executive, other contractual, all the way down. Mr.Drew Miller: So,it would be in the Operational portion. It's not in the portion that he's looking to separate. Mr. Ward: Mr. Ron Miller is separating it into two pieces. The General Fund Budget does include the generalized administrative part of the District, and then the Debt Service Budgets are just the principle and interest due on the Bonds. There are no administrative costs within those budgets. Mr. Drew Miller: So, if that Budget gets passed, but the other Budget does not get passed, the General Budget does not get passed, there is nobody to manage and actually fund and pay and do all the pieces to manage it. So, we are not in any better position. On that note I couldn't support that motion. Mr. Ron Miller: Looking ahead to the operating portion of the Budget,first of all 1 want to really emphasize, and I'm saying this from a high integrity level of fiduciary obligation capacity and whatnot, that we need to fund the Debt Service. For that to fail, I believe, and this is just my opinion, there could be some dire consequences to both the residents and to Taylor Morrison. I think it is imperative that the debt portion of the budget be approved and move forward as always. 12IPage 16I 1 Flow Way Community Development District April 16, 2020 With respect to the Operational Budget, where I'm going to go with that in a few moments with a motion is to motion that we do approve the Operating Budget but for taking out of the Operation Budget all of the funding related to Tim Hall and all of the Budget related to maintaining the preserves for all the same reasons we have been over this time and time again. We should not be paying for those. I know Tim Hall is on the phone, and I'm glad he's on the phone, because I would like to talk a couple of comments there as well. Nothing I'm saying here is meant to be at all disrespectful to Tim Hall's expertise. He has a great deal of expertise on what he does, and I respect that. That's not my point. My point is, and I'll give you a couple of words of history on this thing where I've been before, is that I now know of two specific situations where Tim Hall has represented Taylor Morrison outside of the CDD:One is where he represented them to amend the Corps of Engineers permit and the other is when he represented Taylor Morrison in a true executive committee meeting. He was clearly representing Taylor Morrison and not the CDD. It would be interesting for me to know, and we will eventually find out. Mr. Hall can maybe make a comment now if he wishes. He doesn't have to. But it would be interesting to know whether his representation of Taylor Morrison on those two instances were billed separately by him, or whether he is being paid by the CDD for those representations, but either way it goes, I am for de- funding Tim Hall and defunding the preserve maintenance. We can vote on that as a separate thing where Drew Miller's good observation, I do not propose to de fund Jim Ward because we do need for the CDD to go onward and to be properly managed. Mr. Drew Miller: There are a couple of items on the Budget that I think are worth discussing. From what I understand there is time to discuss this couple of line items before we do the final approval; however, I think we have an obligation to these preserves,so in my mind there is no option to not fund that. The CDD is responsible for paying that and we have a responsibility. I wanted to put a motion on the Board to move this Budget forward as it stands, asking for a second. MOTION made by Mr.Ron Miller,seconded by Mr.Tom Kleck,and with two in favor (Tom Kleck, Ron Miller) and two opposed (Drew Miller, John Wollard), to sever the Budget into two pieces: Debt Service and Operational Budget failed. Mr. Ron Miller: I would like to make a couple consequences because I do think there can be some diabolical consequences and I really want the Debt Service to be funded and go forward. I think as Board Members we have that fiduciary responsibility for that to occur. The consequences I see by not approving the Debt Service would be, and I've read the indenture on, at least I looked at the indenture on one of the Bond Series and I presume the others are the same. This would, and I'm speaking off the top, but I believe all it would take is some time, maybe a year or two years, the Bond holders do have some rights in the bonds and they would ultimately put liens on the resident's homes. We don't want that to occur. What would happen more quickly in my humble opinion, and I believe I'm the only person on the Board who has ever had real time experience in working with rating agencies such as, specifically, S&P, Standard and Poor's and Moody's and actually going to Wall Street to raise funds. I've had that experience. If we were to miss a debt service payment, even one, apart from the consequences of a year or two later when the bond holders would exercise their rights, I doubt that Taylor Morrison could do another CDD. And also, Taylor Morrison is a public company. I took a loot at their financial statement, their balance sheet. Taylor Morrison current has about $2 billion dollars in debt on the balance sheet. That would go probably immediately to junk status for default on the bonds. I think we should get together on this thing, because 13I Page 16I1 ' Flow Way Community Development District April 16, 2020 we have common interests and approve that debt service. I can't emphasize that more by saying we should approve that so there is not a default. On MOTION made by Mr. Drew Miller, seconded by Mr.John Wollard, and with two in favor (Drew Miller, John Wollard) and two opposed (Ron Miller,Tom Kleck),to approve the Budget as presented failed. Mr. Greg Urbancic: I just wanted to make sure everyone understands what we are doing is preliminary approval of the Budget. This is not the final approval of the Budget. We actually have to have a public hearing, so this allows us to set a public hearing, and while we cannot go up on the Budget, we certainly can go down. I just want to make sure everybody understood that this was a first order of process for us to have this so we can set a public hearing. This isn't the last bite of the apple for this discussion. Mr. Ron Miller: Thank you for that observation. I was aware of that, but/think we should get this on the table today, so we don't come to the public hearing and have this discussion. Mr. Urbancic: That's fair. I just wanted to make sure everybody was on the same page. Mr. Drew Miller: I understand at one level what you're trying to do with severing this, but I read into that saying that we are going to get a continued 2 to 2 vote on the General and the rest of it. I'm having a hard time understanding what one does or benefits us more than the other. Separating it is just causing us to push the issue we are having. We still have to address the issue at hand which is passing a budget which pays for the responsibilities and obligations of the CDD. All I hear is we are trying to maneuver a situation to keep us out of one problem and jump us into another problem and I don't think that solves our problems. If we need to have the discussion on the preserve maintenance, I feel like now is the time to have a discussion on maintaining the preserves and not try to do one thing so we can postpone and have catastrophe not happen on one thing, but have catastrophe happen on something else. I feel like, lets just have the conversation. It's the CDD's obligation to fund those. I don't think that there is a disagreement with that. I understand where your disagreement is, but the CDD owns them, the CDD has,through many documents and budgets and last year's budgets, and acquisition documents. We have accepted that responsibility. I think walking away from that responsibility is not acceptable of the Board. Mr. Ron Miller: I do appreciate where you're coming from on that. Let me offer up some additional thoughts. These thoughts are not toward Drew Miller or John Wollard personally, but we've all been through this time and time again. I do want to fund the debt service very, very much. For Drew and John. I do recognize that you're in a tough position. I understand that. And I'm sorry that we can't have this kind of conversation outside of a Board Meeting where we can dig into this kind of stuff in more detail and share ideas and thoughts, but unfortunately, we can't. we just have to surprise each other at Board Meetings. There's nothing we can do about that. But this is a very serious matter that we're talking about, quite serious. I would just throw this out for Drew and John that if they're having some nervousness here, which they may very well be,perhaps, and this isn't really your call so to speak, this is probably above your pay grade and if you just want to stop the Board Meeting and we all go home and you take this information back to Taylor Morrison in corporate we can have another Board Meeting next week. 14I Pa e 16I 1 Flow Way Community Development District April 16, 2020 Mr. Drew Miller: I don't know what information you mean. I'm trying to understand how are we, as a Board, going to vote to fund our obligations. Those obligations include the preserves. I guess that's the problem. We are running on a time clock. We're trying to get a Budget approved, so I feel I don't understand what— Mr. Ron Miller: I'm being transparent. I do not intend to approve the funding of the preserves or Tim Hall's contract. If we are going to cause the entire Budget to be not approved, and the debt service not to be approved, that's a very significant matter that Taylor Morrison corporate may want to know. I'm just offering this up, not to catch them by surprise, maybe let them think about that and have you come back. Mr. Drew Miller: I'm going to need some help here just understanding what is your take on this. What's our obligation as a CDD Board to fund the General Fund as well, and the preserves specifically? Mr. Greg Urbancic: Ultimately the Statute provides basically "thou shalt." Thou shall approve a Budget. So, from your standpoint as Board Members you have an obligation to go ahead and approve a Budget to maintain your facilities and fulfill your obligations. We have existing contractual obligations, so a concern of mine is that if we decide to un-fund some of these provisions, we do have contractual obligations out there and otherwise it could have ramifications for our maintenance obligations. Either not approving a budget or approving a budget in part for operation and maintenance is going to have some other ramifications in term of contractual or other potential liabilities for us. We had better get our hands around all those things if we are only going to approve it in part. Mr. Ron Miller: It's perfectly okay with me if Taylor Morrison would come to the table and fess up and pay for their obligations for the maintenance of the preserves. That's where I think this goes to. It is not the CDD's obligation to do so. Mr. Drew Miller: I think the CDD and even what Greg just said— that obligation is to fund our maintenance responsibilities and to fund this. I don't know how in good conscience we can say if the residents there have something to take up with Taylor Morrison, I don't know that this is the venue to do so. The CDD right now has an agreement in place and has obligations to maintain those preserves. I don't see how our position on the Board is, what you kind of hinted to. I don't know if it is fiduciarily responsible for us to not fund our contracts and fund our obligations and fund the assets that we accepted and that we are responsible for maintaining. Mr. Ron Miller: The obligation to fund the preserves is Taylor Morrison's, not the CDDs. I think we've just reached an impasse is all. Taylor Morrison can step up to the table, and they can fund the CDDs, and we heard Tim Hall tell us succinctly in his presentation that apart from the internal preserves, no other preserves have yet met the success criteria. Mr. Drew Miller: I understand the distinction. The internal preserves were maintained by the HOA and funded through the HOA up until the point in time where they were funded through the CDD, so the funding mechanism—there was an agreement in place. The HOA maintained it. There are some nuances there, but I don't fully understand the difference. There was a responsibility to 15IPae 1, 6I1 Flow Way Community Development District April 16, 2020 maintain, they were maintained,and they are getting turned over. Again, I can't vote for anything that will not fund the CDD's obligations. Mr. Ron Miller: So, you are in favor of voting Taylor Morrison's pocketbook, not your fiduciary obligation to vote in the best interest of the CDD. That's what I'm hearing you say. Mr. Drew Miller: I don't think I understood what you said. Mr. Ron Miller: As Board Members we have a fiduciary obligation to vote in the best interest of the CDD, not Taylor Morrison. What I'm hearing you say is you would rather vote in favor of Taylor Morrison's pocketbook as opposed to the CDD's pocketbook. We are simply at an impasse. Mr. Drew Miller: I absolutely disagree with you. Vehemently disagree with you. And we have had this discussion ad nauseum. So, no. I don't like you putting words in my mouth. I think you heard me completely wrong and I think you know that. I do believe that this Board and the question at hand has nothing to do—it wasn't a question of do we take and do we accept responsibility for these things. That's not the motion on the floor. We have already accepted the property. It is in the ownership—the contract was written—I'm pretty sure that you guys voted for the Budget and the contract at the time. That was the time to have those discussions. Now we are at a point in time where we have to maintain that. If there is a grievance with it, it's not this Board's grievance with the contract or with the budget or with those things. We have an obligation. Greg has just confirmed we have taken on those assets. We have an obligation to fund the maintenance responsibilities of those assets. That's the question at hand and that's where I feel my fiduciary responsibility lies as a CDD Board Member and that's why I can't vote to not fund our obligations. I can't do it. If we need to think about it, we have next month. We can take a breath, but I really want—and we can table it and come back to next month, but I implore you guys to think really hard about that. That is our obligation and I'm hoping that we are going to be able to make that happen. I feel like it's the only choice we really have. Mr. Ron Miller: I want to correct you on one thing. No resident CDD Board Member has ever approved the transfer of the preserves and their funding requirements to the CDD. That was done by a Board of five Taylor Morrison personnel. I am not taking this lightly. This is a serious matter and we are not able to discuss it outside of a Board Meeting, so this is catching you by surprise and I understand that. So lam offering up the possibility that we just end the Board Meeting, you take this information back to Taylor Morrison Corporate because it's a big decision for you guys and it's catching you by surprise. Mr. Drew Miller: I don't know if it's catching me by surprise. I think you guys have been pretty transparent along the way about what you were going to do on this. I just think that—that's find, if we're at an impasse, we're at an impasse. I think there is a motion on the floor. Mr. Ward: No. There are no motions on the floor. Both motions failed. Mr. Drew Miller: Okay, we can table this until next month if the Board needs more time to think about it. Do we have time to think about it? 16 I page 1 6 I 1 Flow Way Community Development District April 16, 2020 Mr. Urbancic: Yeah, our deadline for adopting a preliminary Budget is June 15. I know Jim likes to have it done before that so he can make sure we have all the notices done, but that is our deadline for adopting a preliminary budget. Mr. Drew Miller: I just want to touch base on one other thing that popped up on this budget and with the resolution that follows this one is the contract to void the agreement with the HOA. I do think, and that was my only comment on two of the line items in this budget, I'm okay with the dollar value and some of that, but I don't know that we have worked out enough of the details with the HOA and what that would look like, so in terms of it, I do think, we'll probably need to revisit some of the maintenance budget items in this thing, as well as that agreement. I think it needs a little more work before terminating any maintenance agreements. Mr. Ron Miller: In response to the motion which hasn't yet been made to cancel that agreement with the HOA—I'm in favor of doing that, but if you wish to have more time to think about it, that's perfectly okay with me. Mr. Drew Miller: The last meeting we met and had asked the District Engineer to put together an exhibit to start looking at it. Like, there are some landscaping questions I have up front. What we've got budgeted in here for littorals—it looks like some of the stuff in here came from the HOA, but I just want to make sure that that's been vetted out with the HOA, that they're on Board with what the changes are and I don't know if there has been enough discussion. Maybe there has. Who's had those conversations, that kind of stuff. I guess why I'm going that direction is if we are looking at it for next month, maybe there is some research that needs to be done ahead of time. Mr. Ron Miller: I'm quite amenable to that. Mr. Ward: I've remained relatively silent but let me respond to Drew's question on the maintenance. The numbers that are in this budget are wholly from the homeowner's association's budget. As the manager, I don't know whether those numbers are right or wrong at this point. In order to get them done correctly, I clearly need to have some firm that is capable of evaluating the system and determining what we need maintain, what the numbers need to be, what the scope of services need to be with respect to that. That can be done by the District Engineer or another firm as the case may be. But if you want to proceed, it's something that's, although not budgeted, we clearly have sufficient funds to do that, and come up with a better set of numbers for you. If you want to move down that path it was going to be an item that I recommended that we proceed to do at this point in time, giving me the authority to retain the necessary firm to do that. I think the number, probably to do it correctly, is somewhere in the$10,000 to$15,000 dollar range. That's what I have traditionally been used to spending when these turnovers retain the firm correctly to evaluate these assets. Mr.Jeremy Fireline: One of the things on the landscaping. So, definitely Drew I hear what you're saying coming up with which piece is which. The difficulty and the challenge that we're having right now is that we've got what we refer to as code minimum and scaping, and I know you know what that means. That's the minimum number of trees required by the code to be put in for instance on a permit or buffer. In addition to that, the communities such as Esplanade and Naples are built to a much, much higher standard than what would be required for code minimum. It's a beautiful community. So, the question that we have is how we tease apart some of the dollars associated with what's the quantity of trees for instance. I think there is comingled landscaping, 17IPage 16I1 Flow Way Community Development District April 16, 2020 and it's hard to tell from just the specific documentation specifically what is what. We know the areas, we just,for instance, one of the requisitions calls out trees and sod, so we definitely know what that is, but if there are pieces over and above that, how does that maintenance work then if both the HOA and the CDD were to have assets in the same location. Mr. Ward: Jeremy, maybe I can help you. Frankly, that doesn't make any sense. If the District owns an asset, whether it's landscaping or a drainage system, whatever it's constructed to now is the scope of services and the cost that need to be in this Budget. It's not split between an HOA and the CDD. It's either one or the other. It doesn't matter which one. If we can't put our fingers on what the District owns, that in my mind is a big problem. But if we can at least identify what we own and what our maintenance responsibility is, and the scope of service is, then it's not hard to put together a budget for all of this stuff. It doesn't matter whether it is code minimum or built with gold standards. It doesn't matter. It is what it is. Mr. Drew Miller: I was just thinking more along the lines of do we have HOA's approval. Has the HOA Board said yes? Does this make sense? They are going to do this; we are going to do this. That's my point. I want more clarification and maybe some buy-in on both sides of the equation to make sure that everybody agrees what the scope is and why we're doing which one we're doing, and whatever. I think last meeting I said I'm amenable to working through it, but let's just make sure everybody's good and on the same page of why we're doing the things we're doing. Mr. Ron Miller: The real issue we're talking about, and the CDD has unilateral right to cancel this contract,so the real issue is do we believe that it should be canceled and to put that maintenance expense and responsibility back onto the CDD, or should we continue to have the HOA acting as a subcontractor and comingling the two organizations. With respect to the amount of money it takes, whether the numbers Jim has estimated are correct or not, is in some respect irrelevant because whatever the numbers turn out to be in the end are going to be the numbers and the CDD would have the responsibility to do that, or the HOA has to do that, and when you get down to the pocketbooks it's the same pocketbooks. It's the residents. So, without trying to opine whether Jim's estimates or numbers are correct or not correct, I think it's a little higher issue on do we think this is the right thing to do and then move on. I'll repeat myself. I'm okay, Drew, if you want to postpone this and give this some more thought and touch base with your folks back on the HOA. I'm okay with that. Mr. Drew Miller: Okay. That sounds good. Mr. Ward: Okay. So, we are punting on Items 4, 5 and 6 for this meeting? It was the consensus of the Board to continue Items 4, 5 and 6 until the next meeting. SIXTH ORDER OF BUSINESS Consideration of Resolution 2020-4 Consideration of Resolution 2020-4 of the Board of Supervisors of Flow Way Community Development District Authorizing the District Manager to Notify Esplanade Golf and Country Club of Naples, Inc. of the Termination of that certain agreement between Flow Way Community Development District and the Esplanade Golf and Country Club, Inc. It was the consensus of the Board to continue this Item until the next meeting. 18IPage 16 1 1 Flow Way Community Development District April 16, 2020 SEVENTH ORDER OF BUSINESS Staff Reports Staff Reports I. District Attorney Mr. Urbancic had nothing to report. II. District Engineer a) District Asset Report(Waldrop Engineering) b) Preserve Maintenance Report(Turrell &Associates) Mr. Fireline had nothing additional to report. III. District Manager a) Financial Statements January 31,2020(Unaudited) b) Financial Statements February 29,2020(Unaudited) c) Financial Statements March 31,2020(Unaudited) Mr. Ward stated he had no report. He asked if there were questions regarding the financial statements. There were none. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any additional Supervisor's Requests. There were none. Mr.Ward asked if there were any further audience comments. Mr. Tom Coffey: I think one of the questions Drew was asking regarding the lake bank maintenance issues and the littoral plantings and the maintenance costs that are going to be assumed by the CDD and taken out of the HOA budget. If the CDD owns the property, I think they should be maintaining it. I think one of the questions in my mind is, I know there was a memorandum put out by the HOA that they were doing some lake bank restoration, remediation, or whatever you want to call it because of erosion on Arrizo Court(ph) and Trivoli Terrace(ph), and they want to look at other lake banks also. I really believe that is because the County came and said certain standards weren't met. The question in my mind is not just a simple transfer of what might have been budgeted by the HOA for lake bank maintenance or what the CDD would assume, but if it's one of those remediation costs to be absorbed by Taylor Morrison and not the HOA. That's a question we all should be asking at present. But the real point is, from a budget perspective, as long as we know what the CDD owns and as long as we have a separate contract with a contract or separate billing as to what they are going to do for those things the CDD owns, if you budget, for instance$100,000 dollars an actually billing comes in to$80,000 dollars, well it's budget versus actual variance or if you budget and it came in at$110,000 and you budgeted at$100,000 dollars. It's still budget versus actual. So,from a budgeting perspective, the dollar amount doesn't matter as much as the actual 19IPage 1611 Flow Way Community Development District April 16,2020 maintenance of the property owned by the CDD. I think everybody understands that, so I think it's really definitional. Mr. Dave 8oguslawski: Tom hit one of mine, but a related comment or question really is, this whole line of demarcation on who awns what assets. Drew mentioned that there's some work. There are some exhibits that were going to be prepared. Who is doing that and who is overseeing it? Mr. Ward: Mr. Fireline with the District Engineers is responsible for the preparation of that. Mr. Boguslawski: Is there an estimate on when that's going to be done? Mr. Fireline: We have the exhibits in draft form right now. We will be 100% done two weeks from this date. Mr. 8oguslawski: We hod an earlier question on the call about the trail that exists. Just a really rough response if you could. Where do you see roughly the dividing fine? is the river there, the Flow Way bank that's on the golf course side, sort of the place where the split occurs between HOA and CDD under this planned split? Mr. Fireline: Speaking under the terms of a water management permit, the water management system itself includes the water and the lake, and then there's a requirement for how high that water gets during the regulatory storms. To answer the question, it kind of varies from lake to lake, but it's basically at the permitted top of bank. That would be the demarcation. It doesn't really depend on trail or any amenity features. It has more to do with the function of the water management system itself. Mr. 8oguslawski: Okay. 1 don't want to get too detailed here. I'm right with Drew's thinking on terms of the level of detail we need to think through while macroscopically it's a pretty easy situation. As we get on the property and look at things, we've got maintenance along the golf course which is a set of issues. Those landscaped beds meander onto the course. We've got bridges that cross the water. So,having that map early to enable the discussions is pretty important. i appreciated a couple of weeks out. Thank you. Mr. Ward asked if there were any additional questions from the audience. There were none. EIGHTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at approximately 2:46 p.m. On MOTION made by Mr. Drew Miller, seconded by Mr.John Wollard, and with all in favor,the Meeting was adjourned. Flow Way Community Development District James P.Ward,Secr tary Drew Miller,Chairperson 20IPage 1 6 I 1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, May 21, 2020 at 1:00 p.m. via telecommunication. Present and constituting a quorum: Drew Miller Chairperson John Wollard Vice Chairperson Ronald Miller Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Jeremy Fireline District Engineer Racquel McIntosh Audience: Tom Coffey Martin Winters Dave Boguslawski Ed Staley Zack Stamp All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District ManagerJames P.Ward called the meeting to order at approximately 1:04 p.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-52 and 20-69 issued by Governor DeSantis on March 9, 2020 and March 20, 2020 respectively, and pursuant to Section 120.54(5)9b)2., Florida, Statutes, this meeting was being held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board and Staff were present via videoconference or telephone;no persons were present in the on-site meeting room location. He asked all speakers to state their names for the record prior to speaking. He conducted roll call; all Members of the Board were present constituting a quorum. SECOND ORDER OF BUSINESS Public Comments 1 ' Page 16I 1 Flow Way Community Development District May 21, 2020 I. The Public comment period is for items NOT listed on the Agenda, and individuals are limited to three(3)minutes per person,assignment of speaking time is not permitted,however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes. II. Individuals are permitted to speak on items on the Agenda in accordance with the procedure in I. above. Mr. Ward: We will use the same format we used last time, so we will just do public comments during the items we consider on the Agenda today. THIRD ORDER OF BUSINESS Consideration of Resolution 2020-2 Consideration of Resolution 2020-2 se-Designating the Officers and consideration of Replacement Member for Seat 3. Mr. Ward noted this Item was a holdover from the previous Agenda. He asked if the Board wished to continue this Item until the next Meeting. Mr. Tom Kleck: Are you accepting nominations for new Board Members? Mr. Ward: This to replace the resignation of Mr. Martin from the Board, Seat 3. Mr. John Wollard: I agree based on the last couple of stalemates that we've had, we punt this, or move this particular item until the residents have the majority vote and at that point the can elect who they want. Mr. Kleck: Eventually, we are going to have all homeowners as Board Members;is that correct? Mr. Ward: Yes, early qualification is next week and whoever qualifies the week after will be elected in November if there is only one. If there is more than one you will have an election in November. Mr. Kleck: It will be for one more Board Member, is that correct? Mr. Ward: Yes. Early qualifying is next week, and qualifying period runs I think June 1 through June 6. Greg you can correct me if I'm wrong, if more than one person runs for that one seat then there will be an election on the first Tuesday in November and whoever the winner is will take their seat immediately following the certification of the election results. So,it will generally be the end of the first week,beginning of the second week of November before we have the certified results from the Supervisor if more than one person qualifies. Mr. Kleck: But if only one qualifies, when does that person start? Mr. Ward: Same time period, after the November election. Mr. Greg Urbancic indicated there were two open seats. Mr. Ward concurred. 2IPage t6I1 Flow Way Community Development District May 21, 2020 Mr. Urbarcic: The qualifying period is noon on June 8 through noon on June 12. They would, under the law, after the election, the new Supervisors are seated two weeks after the election date, so two weeks after the general election will be the dote that those persons are seated. Mr. Kleck: Greg, can you let the people that are on the phone listening, and those attending this meeting, know where they need to go and what they need to do to get a seat. Mr. Urbancic: Yes, absolutely we can. Jim, I think we did a notice of qualifying for this District. That's probably the handiest tool. They'll need to go to the Supervisor of Elections, all that's done through the Collier County Supervisor of Elections. They'll have the paperwork that needs to be filled out which can be obtained off their website and needs to be submitted between those particular dates:June 8 at noon and June 12 at noon. Mr. Kleck: Thank you. FOURTH ORDER OF BUSINESS Consideration of Minutes April 16, 2020 Regular Meeting Minutes Mr. Ward asked if there were any additions, corrections, or deletions for the April 16, 2020 Regular Meeting Minutes. Hearing none, he called for a motion. On MOTION made by Mr. John Wollard, seconded by Mr. Tom Kleck, and with all in favor,the April 16, 2020 Regular Meeting Minutes were approved. FIFTH ORDER OF BUSINESS Consideration of Resolution 2020-3 Consideration of Resolution 2020-3 of The Board of Supervisors of Flow Way Community Development District approving a proposed Budget for Fiscal Year 2021 and setting a Public Hearing Thereon pursuant to Florida Law Mr. Ward reported Resolution 2020-3 was the Resolution to approve the proposed Budget for Fiscal Year 2021 and to set the Public Hearing. Mr. Drew Miller moved to approve Resolution 2020-3 and Mr. John Wollard seconded the motion. Mr. Ron Miller asked for discussion. Mr. Greg Urbancic:Jim, just for the record theres a motion and a second on the floor to approve that resolution, is that my understanding of what we are going to discuss? Mr. Ron Miller: I want this discussion to be apart from the motion so maybe we have to complete the motion first, I just want to have a discussion first. Wage t6I1 Flow Way Community Development District May 21, 2020 Mr. Ward: ok, you can have it as either part of the motion or you can vote on the motion and have a discussion afterwards. If you have nothing to say at this point Mr. Ronald Miller ill go ahead and call the roll and if it passes fine and you can have a discussion after. Mr. Ron Miller: I haven't changed my approach to this from the last meeting. 1 intend to present a motion to sever the Budget into two pieces and to approve the Debt Service Budget which 1 think is very, very critical. Then, with respect to the General Operating Budget, approve it, but however in that approval process remove the entire Budget related to preserve maintenance which would include money to pay the biological engineers, as well as all the preserve mitigation and maintenance for the upcoming year. That's what I intend to do. But I also would like to, maybe Jim, have you make a couple of comments. I have something in the back of my mind that August 31 was some kind of"drop dead date"and there may also be another, what I'll just label a "drop dead date"wherein you have to supply data to Collier County for the assessments to get on our real estate tax bill. Those could be the same dates, or they could be different situations. I don't know, but it would seem to be pretty critical that we don't miss that Collier County drop dead date. So, could you help the Board understand the criticalness of those dates? Mr. Ward: The law specifically states that we have till September 15 in order to certify the rolls. However, each county I find is different. Some of them required it a little earlier than that, some of them are right on the September 15, some of them are generally a little after that date. I will always use the August 31 date to get them to the county to ensure that we can put them on the tax rolls. If we go past that date, there is a good likelihood that we are not able to get them on the roll. Remember this is not something you can tell me on August 31, and it happens within minutes. This is weeks' worth of work to get to the point of getting on the roll. The file is ready to upload to the county,send the certifications that are needed to be done, etc. Although that date is rather hard and fast, it would be greatly appreciated to be able to have that information at least 7 days in advance of that. Mr. Urbancic: The statutory requirement is that on or before June 15, a District Manager has to present a Budget to the Board in preliminary status and the Board has to act on that Budget. And then there is a 60-day period in which we need to provide notice to Collier County of the proposed Budget. It's more just informational. It's not for them to review and comment. In addition to the period Jim indicated, we do have this obligation under the Statute to adopt the preliminary Budget so that we can do the trickle down which includes sending it to the County and providing the public notice for the public hearings so that ultimately Jim can do what he needs to do for the roll purposes. I think the extension of that as well is also contractual obligations we have to make sure are in order depending on how this all transpires. Mr. Ron Miller: So,Jim has already dutifully met his obligation. He has presented a proposed budget,both last month and again this month. Mr. Ward: Yes, I have met that obligation. Mr. Ron Miller: Then, the Board's obligation is to approve a budget? Mr. Urbancic: The obligation is to adopt the preliminary budget for purposes of notice, both to the county, and doing whatever notice we're required to do depending on whether there is an increase or if the budget has stayed the same from the prior year. That will dictate what type of notices we need to do via mail and newspaper. Then we will hold a public hearing, and in that public hearing you will adopt a final budget. That final budget—I think we talked about this before and I think you know—we can go down in terms of our budget at that final budget hearing, we just can't go up. So, once we set that preliminary Budget, 41Page t6I1 Flow Way Community Development District May 21, 2020 that's where we are sort of fixed to from an adoption perspective. We don't have time to go back and redo it. There is time to make changes to go downwards if we have to in the future in terms of the O&M budget, but we can't go up at that point. Mr. Ron Miller: 1 definitely do want to adopt the Debt Service Budget. With respect to the Operating Budget, 1 do not want to adopt the preserve maintenance and biological engineer part of that. With respect to the rest of the Budget I do want to adopt it. So, that's where I'm going, but I'm not going to adopt the provisions of the budget with respect to the preserve maintenance and the biological engineer. And Greg, you may want to come back in with the consequences if we come to a stalemate on this, but that's kind of where I am. You can make further comments if you wish or we can go on to the motion which has been made which I'll vote against. Mr. Urbancic: In terms of consequences, one is, missing the budget deadline, the preliminary adoption, obviously sets down a trickle effect of us not necessarily being in compliance with statutorily with our requirements and then being able to comply with all the notice requirements. So, there are some deadlines. And ultimately making sure everything gets on the roll, but in terms of the overall budget and what we have to adopt, if I broke it down in a couple categories of my concern of making sure we do these things are: One, we have the statutory obligations and deadlines we have to meet. We have potential contractual obligations and contracts out there that we have to make sure we're in compliance with, that we don't get out of whack with, and not have money to pay a contractor or a consultant. We also have, for portions of our project that we did finance with bonds, we have to make sure that we're always in compliance with our trust indenture and there are many bond covenants under there which require us to adopt a budget and maintain portions of our project. And then beyond that there are also permit requirements and general ownership requirements where you own property, you need to maintain it, so that nothing bad would happen, nobody gets injured, things like that. We do maintenance requirements, so our insurance doesn't get out of whack. So, there are those aspects I think we need to be cognizant of as we move forward to that June 15th date. Mr. Ron Miller: That's good information and good advice and I think that the Board should continue to do all of that with the exception of the preserve maintenance. Mr. Drew Miller: I know we've kind of gone round and round on this. In the package, I don't know the timing of it, last time we had Ron Miller's letter to Taylor Morrison, and I believe Ron Miller at the Board was supplied a letter. I want to make sure it does get into this record for this month. I don't see it, and again I don't know the timing of that, but I would like to understand some of Ron Miller's take on some of those responses. I know that Taylor Morrison has taken this very seriously. Barbara is the new Division President for that area and there was a very solid and I would say very experience group of attorneys who were hired to review every aspect of this situation. I think in that letter you start to see a lot of the detail that was put behind that effort. I think Taylor Morrison's leadership and wanting to make sure they were A)doing right by the residents, and B)following what our permits and obligations are. They've made sure that is the case and have, I think, outlined it very well in the response letter. I'm happy to read it if that's what's required, but I think you guys got it. I would like to get some of Ron Miller's feedback from that because I do have concerns. I at least feel like there has been a lot of meetings where some daggers or straight up arrows have been thrown at me and my fiduciary responsibility to the Board and my tie to Taylor Morrison, but I would argue that may be an issue, but it's my own issue. If we look at the permit requirements. If you look at the letter that's been crafted for us and these attorneys have, to make sure that we are in compliance and that we aren't doing anything wrong. There's an obligation here, and I don't know how we vote for a budget that does not fulfill the funding for that obligation. Ron I'd like to 5IPage let ' Flow Way Community Development District May 21, 2020 get some feedback from you on that letter and how are you recognizing that difference in your mind, where it's okay, as a CDD Board representative, when you have to vote for the CDD on behalf of the CDD. Not on behalf of your pocket and what the cost is there, but on behalf of the CDD. How do you reconcile those two? Because I'm having a hard time. I want to move a budget forward, but I'm having a hard time understanding how to do that. Ron Miller: I'd be pleased to comment on that. But before commenting, can I ask a question? Is Barbara Kenneworth (ph), the lady who wrote that letter to me, is she actually an Officer of Taylor Morrison or is that just titular title? Do you know? Mr.Drew Miller: She is the Division President for the Naples Division. I don't know what the organizational title is, but she is the Division President for that, yes. Ron Miller: Then I'm not sure whether we have a letter which is a binding letter from Taylor Morrison Officer,or whether it's just a letter from an employee who has an Officer. I'll just put that out there because there is a difference. If an Officer of a company puts something out it becomes somewhat binding, versus not if it comes from somebody else. Anyway,my response to that is I'm quite pleased that Taylor Morrison responded to my letter, but the reason I'm pleased is because that it now closes yet another loop in this divisiveness. Until we had received that letter we didn't really know as Board Members what Taylor Morrison's intentions were and this letter has now closed that loop that Taylor Morrison does not intend to fund its obligations and I think that doesn't change anything with respect to adopting this budget without the maintenance. That's still where this is going. Mr. Drew Miller: Ron, my question was, Taylor Morrison has funded it in turning it to the CDD and putting it into the CDD and obligating the CDD to the ongoing maintenance. That is the funding mechanism for that obligation. I think that was spelled out. It's interesting that—I'm glad that letter clarified it for you but, I feel like that's the exact same thing I've been saying the whole time was the intention. I'm pretty sure if you read the minutes, I was very clear over and over again that Taylor Morrison has no intention of putting a big escrow account together, but that's neither here nor there. I'm glad that's clear now for you and my question still stands. As a chair on the CDD Board, sitting in one of these chairs, and you have an obligation to the CDD, a fiduciary responsibility, this arrow that you guys have sort of been throwing at me. I don't know how to vote for a budget that doesn't fund its obligations. How do you reconcile that? How do you feel as a customer, or about Taylor Morrison, but as a CDD Board Member, I need help in trying to make my vote and 1 need to understand how you reconcile that fiduciary responsibility of a CDD Board and it's obligations and your position on this vote. Mr.John Wollard: It's pretty simple. At the end of the day, the CDD is the responsible entity to maintain the preserves, so rather than talking about it or fighting about it back and forth, who's going to pay for it now, who's going to pay for it later—the CDD is responsible. Taylor Morrison wrote their opinion on it. That's not going to change. We as the Board have a responsibility to continue that maintenance obligation for all of those reasons, the permits, the perpetuity, everything that's been represented, the declarations. We got to keep it going. If and when the Board transfers control to the majority of residents, if you guys decide to take that risk, we can's stop you at that point, but for today's meeting, you would have to approve the budget with the maintenance. We cannot not approve it. Mr. Tom Kleck: 1 read Barbara's five page letter three times and she appears to have explained all the issues to my satisfaction, and Ron Miller, I wanted to relay to you, that I've had the prior experience with another CDD up at Visari where you and I both lived, and one of the things that the CDD is designed to do Wage 16I 1 Flow Way Community Development District May 21, 2020 is exactly what it's doing. It's providing the funding to maintain it and to take care of this piece of property after the developer leaves. So, I don't understand where your hang-up is on this whole thing either Ron. Mr. Ron Miller: I don't know why there is a misunderstanding of my position. I'll just repeat my response. It is Taylor Morrison's obligation to fund and pay for these things and they have put that responsibility on the CDD, but it is Taylor Morrison's permit responsibilities to do so. As a Board Member on the CDD I do not intend to approve a budget that's going to tax the residents for Taylor Morrison's obligations. Mr. Tom Kleck: But Ron, the whole purpose of this CDD is to provide that shield, so to speak,from the homeowners, and that's how it's done. Mr. Drew Miller: It's a funding mechanism for the development. So, every resident in that community benefitted from this permit, benefitted from all of the road, the infrastructure, everything that was put into this. There were two ways that got built, one was through developer money and one was through a CDD, and the ability that the CDD has provided through the statutes and that's what it's there for. That is the funding mechanism. That is the obligation that was created. Mr. Wollard: Can we maybe vote on the motion on the table and then if there's more discussion to be had we can kind of continue on? Mr. Urbancic: Can we take public comment first Jim? Mr. Ward: Before we get to that. John, we started down the road of having Board discussion,so the Board really needs to finish the discussion at this point. Before you vote on the motion, we open it up to public comment and then you guys will vote on the motion. He asked if there were any other comments from the Board; hearing none, he asked if there were any public comments. Mr. Dave Boguslawski: I also appreciate the fact that Taylor Morrison sent in the letter. One month ago, we didn't have the letter and we had different views. Now, while we have a letter, it is one side of the story and it is being reviewed, and it explains some things as Ron said, but I would just make the comment to Mr. Kleck that there are some holes in the letter that are being reviewed, and I would urge giving a chance for that review to happen and would urge you to consider Mr. Ron Miller's position. Mr. Tom Kleck: Who is reviewing the letter? Mr. Boguslawski: We have hired counsel through the Esplanade Transition Fund. Mr. Kleck: When will they have an answer? Mr. Boguslawski: They literally just got the letter and they understand the urgency. Mr. Kleck: Will we have an answer by June 15? Mr. Boguslawski: I am not the point person on this. I was on one of the calls, but there has been another call since I have been involved. I would assume we would have some sort of idea where some of the holes are in the letter. 7IPage 6I1 Flow Way Community Development District May 21, 2020 Mr. Drew Miller: Along those lines, this is again the first draft. We are going to have another vote. It can't go up from there, but it can go down. So, at this point, I just want to make the comment that it's included now and that will give time and if you guys want to review it, this is not the final vote on the budget, but it does start us in a position that is correct with what our obligations are. So, I would suggest we vote for it, and if you guys have some miracle out of it that comes through that's totally different than all of the other viewpoints that makes you feel different, there is an opportunity later to have that conversation again. Mr. Ron Miller: I want to reiterate June 15th is not a magic date. What I'm hearing from Jim is really the magic date is August 31, but he needs a few weeks ahead of that to pragmatically process the data and I see no purpose in approving a budget or adopting a proposed budget only then to have this same conversation and discussion in a public manner and then trying to reduce it at that later time. I think now is the time to continue the process of where I'm going with this. We will have plenty of time between now and mid-August for another meeting or two or three as the case may be. Mr. Urbancic: I understand what you may be saying, but we do have that statutory requirement of adopting this so Jim can do all the notices that are required for the hearing, which include notifying the County, etc. While agree adoption of the final budget is critical and so is adoption of the assessment roll, we do have this initial statutory requirement that sets Jim in motion to do what he needs to do for that final hearing. And as Drew said, the budget can go down if we have other discussions, or you can shift line items around, but this is the first step in the process that Florida Statute set up. Mr.Zack Stamp: As Ron has just pointed out. The June 15th deadline has been met. The Budget has been proposed, so that fades away. It's been accomplished, you can check that off. And probably they will not have a definitive opinion by the 15th of June. I don't want to mislead anybody. There are a lot of permits to be pulled. There are a lot of things to be looked at. And just as David said, it just landed on their desk. I don't want to mislead you Tom that we are going to have something on your desk, or something to the CDD by June 15th, but that requirement has been checked off. Mr. Tom Kieck:Greg, what's your response to Zach's comments on the dates? Mr. Urbancic: When you look at the Statute I still think we have to adopt, even though there's a preliminary, and the Budget has been submitted by Jim, we still have to adopt it under the statute so Jim knows what he's providing. The Statute says at least 60 days prior to the adoption we have to submit the proposed budget to the local government authority, and then as well Jim has to run with the notice so he knows when he's advertising the Public Hearing. That's why you see the Resolution on the Agenda because as I that sort of sets in motion everything Jim needs to do to set the stage for the public hearing. Mr. Tom Kleck:Ok, thank you Mr. Zach Stamp: It says on or before June 15th the District manager shall prepare a budget, and that is what he has done. Mr. Greg Urbancic:correct and then it says.... Mr. Zach Stamp: I understand, I understand. yeah, but don't pad those notices on, subtract them from August 31 or September 15, back up to a different date. Wage 16I 1 Flow Way Community Development District May 21, 2020 Mr. Greg 'irbancic: I understand and Disagree, it says the board shall indicate its approval by adoption of the budget by resolution. Then you read on at least 60 days prior to adoption of the final budget the district shall submit the budget to the local governing authority. So,so, we have all these other items that need to trickle down so we don't know what to do until we adopt the preliminary budget. Mr.John Wollard: I think we are getting in the weeds a bit. What we are trying to do here is set a cap on the Budget, and if we want to have a continuing conversation around what the Budget numbers are, or if that wants to be revisited when the majority vote switches, that's obviously the risk of the Board at that time, but for today, can we move forward with the Budget as proposed. Mr. Drew Miller: We assessed the discussion points from the audience, and I think we've been pretty lax on the conversational piece of it. We try to accommodate as much as we can, but I do think I agree with Supervisor Wollard. If you guys bring up good points and one of the Board Members have a question surrounding that, that's probably the direction we need to take, not so much the back and forth between the audience. Mr. Ward: Okay Mr. Chairman, we will do that. Any other questions from the Board? Hearing none, he called the rolicall vote for the motion. On MOTION made by Mr. Drew Miller, seconded by Mr.John Wollard, and with three in favor and one opposed, Resolution 2020-3 was adopted,and the Chair was permitted to sign. Mr. Ron Miller was opposed; the remainder of the Board Members were in favor. The motion carried. SIXTH ORDER OF BUSINESS Consideration of Resolution 2020-4 Consideration of Resolution 2020-4 of the Board of Supervisors of Flow Way Community Development District Authorizing the District Manager to Notify Esplanade Golf and Country Club of Naples, Inc. of the Termination of that certain agreement between Flow Way Community Development District and the Esplanade Golf and Country Club, Inc. Mr. Ward: The Budget does include, now that it is approved, the District assuming back the responsibility for the operation and maintenance of its entire water management system and certain irrigation facilities that were currently in the HOA. Greg, I believe we have a 30, 40 or 90 day, I don't remember, termination clause in that agreement, but if we are going to now continue down the path the road we have now set on with the approval of this budget we would need to notify the Esplanade Golf and Country Club of Naples Inc. HOA that we are going to terminate that agreement effective September 30 of this year. Mr. Urbancic: It's a 30-day notice Jim under the agreement. Mr. Drew Miller: The way I read it, there's not an obligation either way, it's sort of an elective. The Board can work with the HOA Board really in any manner to maintain. Obviously, the ultimate permit responsibility is with the CDD and that may end up being where the two Boards agree, but at this point, I 9IPage 1611 Flow Way Community Development District May 21, 2020 haven't seen the documents or understood whether both are in full agreement over it. My opinion is we table this until there is continued discussion. 1 think the Engineer has provided the documents. I just don't know how much coordination has happened with the HOA. Again, I have no big picture issue with whatever kind of agreement makes the most sense, but I just don't know if we've gotten there to just get rid of the agreement now. Mr. Ron Miller: Having adopted a proposed Budget, that proposed Budget does include your estimate of expenses based upon the termination of this contract. Where I thought, and still think, this might wind up. Nothing's for certain, but where it might wind up, would be the contract, if it's a 30 day termination, and I think I recognize that either party can unilaterally terminate it, but if we wanted to terminate it, it could be done September 1, to coincide with the 30 day termination, and then the funds would be available effective October 1, if that Budget stays in place, and if for some reason it's decided not to terminate the contract, then the general operating budget would simply be over funded for the next fiscal year. Have I said all that correctly? Mr. Ward: Yes sir. You are correct. Mr.Ron Miller: Where I'm going with this is that I think we are covered in either event, whether it's decided to terminate or to continue. Mr. Ward: Yes sir. I think we are covered either way. Mr. Ron Miller: Drew, do you have any suggestion as to how you wish to proceed? Mr. Drew Miller: In November you guys can do anything. I'm just trying to be helpful. I know that there is some landscaping which is technically the District's up front,just from how it was funded originally. I'm all for doing it. There was conversation originally from when we started this process that they wanted to get clarity to exactly where the lines are drawn. That's all I'm suggesting. Take your time. If you're over funded by$15 dollars a house this year then I don't know that that's the end of the world, and you guys can continue to get your heads wrapped around exactly what, and then maybe the agreement isn't just wholesale gotten rid of, but more amended to be clear what exactly is being maintained where. Maybe it's you or Tom as the Board member who kind of coordinates, or Jim coordinates with Nathan and David Boguslawski. I don't know how to work it. Jim, help me understand how they would navigate that, but just to coordinate that and make sure everybody is on the same page. Mr. Ron Miller: 1 don't have any major opposition to this. Are you suggesting that we just let status quo ride until the residents get the majority on the Board and let them make the decision? Is that really your preference here? Mr. Drew Miller: Yeah. That would be my preference. I have no problem helping. If somebody comes and says we want to do this now for this reason, and it's compelling, I'm willing to work with you guys. I don't have a heartburn about anything in particular. But yes, might as well have you guys take over the Board and do the same thing I'm suggesting now. Either way works for me. Mr. Ron Miller: I would invite public comments and comments from Mr. Kleck, but I think that's amenable to me. The budget has funds for this next year and I think it would be advisable that we wouldn't terminate the contract until October 1—we could terminate it now if we wanted to effective October 1, but since the CDD doesn't have any funds between now and October 31, I think where we would want to go if we 10I Page 16 1 Flow Way Community Development District May 21, 2020 terminated it today anyway would be to delay the effective date so that the HOA would fulfill it's obligations until October 1 anyway. I'm amenable to that approach and I'm also amenable to terminating it with an effective October 1 date as well. Mr. Kleck: I think we should wait. Mr. Wollard: It sounds like we're all saying the same thing. Why don't we remove this Item from the Agenda today? Mr. Ward: Okay. Done. SEVENTH ORDER OF BUSINESS Consideration of Acceptance of Financial Statements Consideration of the Acceptance of the Audited Financial Statements for the Fiscal Year ended September 30, 2019 Mr.Ward indicated Ms. Racquel McIntosh with Grau&Associates would present the Financial Statements via conference call. He explained this was a completed audit; therefore, he would only ask the Board to accept the Audit for inclusion in the record. It has been filed with the Department of Banking and Finance, the Auditor General and any other person or firm who may have wanted the Audit. Ms. Racquel McIntosh with Grau & Associates reviewed the Audited Financial Statements for the Fiscal Year ended September 30, 2019. She stated page 1 reflected the Independent Auditor's Opinion. She indicated Grau &Associates had an unmodified/clean opinion of the Financial Statements, which meant Grau believed the Financial Statements were presented fairly in all respects. She stated page 9 was the Balance Sheet which showed the ending fund balance for the District; the general fund ended with just under$4.1 million dollars; of that, $1.1 million dollars was for the Capital Projects Fund, $2.8 million was for Debt Service, and the General Fund ended with just under $196,000 dollars. She stated the Debt Service and Capital amounts were restricted, but the General Fund portion was unassigned and available for spending at the Board's discretion. She stated on page 11 of the report was the Statement of Revenues, Expenditures,and Changes in Fund Balances. She reported the net change in the Fund Balance was$1.8 million dollars across the board,the majority of which came from the Capital Project Fund which was just under$1.1 million dollars;the Debt Service Fund increased by$607,000 dollars and the General Fund realized$145,000 dollars. She indicated on page 22 was the Budget to Actual Report for the General Fund. She stated the Board approved a Budget of$164,245 dollars in revenues and appropriations. She reported on the revenue side the District was just shy at$549,000 dollars and on expenditures the District spent under$404,000 dollars, so the Budget exceeded for the Fiscal Year end. She stated Grau's report on the District's Internal Control over Financial Reporting and Compliance reflected Grau did not detect any material weaknesses or significant deficiencies in the Internal Controls, nor did Grau have any compliance related findings or other findings related to Internal Controls. She reported Grau also had an unmodified opinion regarding the District's Compliance with Florida Statute 218.415 which meant Grau believed the District complied in all material respects with the requirements of Florida Statute 218.415. She stated page 28 of the report indicated there were no current or prior year findings for the Fiscal Year ended September 30, 2019. Mr.Ward asked if there were any questions or comments. 11I Page i6I1 Flow Way Community Development District May 21, 2020 Mr. Ron Miller: I'd like to apprise the Auditors what I would label as a subsequent event, because you probably don't have any prior knowledge of this, but this doesn't go per se with the Audit Report that she just presented, but there is a very significant issue going on within the CDD. It revolves around the permanent funding of the preserves and a fund for that, and the permits that belong to Taylor Morrison, not to the COD, require a fund and the amount of that fund has been the subject of much discussion, but it would be easy for me to say that it's in the range of$10 million to $20 million dollars and that's an unfunded liability that's out there that somebody has to pay. I will fully admit I know nothing about what I will call government accounting, but I do have some background in gap, and I just want to apprise you of this situation because this may affect how you do your auditing in future periods and it may even effect this particular audit as a subsequent event. Ms. McIntosh: Thank you sir. This would probably affect the upcoming audit. Not the audit that has gone before. Typically the subsequent events that would be included in the reports would be if there was litigation filed regarding that permit or how the funding of that reserve would go, then that would be something that we would put into the report, but if there is just disagreement as to who will fund it, that's normally not something we would put into a subsequent event footnote. But it would get addressed within the next year's audit. Mr. Ron Miller: I would make a further comment just to make sure—I don't want to put you out there with unawareness. That the liability of the fund does have existence. There is disagreement over who has to fund it, but the obligation of the fund has present existence. Mr. Drew Miller: No. I disagree with you. There isn't a requirement for a fund. There is a requirement in the permitting to fund the ongoing maintenance which currently is about$220,000 dollars a year, $185 dollars a resident. And it has been forecasted it's going to be about$77 dollars a resident or$92,000 dollar annually give or take. And that's what you're talking about. Not this $10 million to $20 million dollar number that you're talking about. And as stated in the letter that was just sent to you, the CDD is the funding mechanism and it's being collected through the O&M and it will prove out that that is the appropriate entity for it. While I understand where you're coming from Ron, it's your opinion, it's not factual. At this point I just want to make sure I'm putting that on the record since you're eloquently putting the other opinion on the record. Mr. Ron Miller: I just want to make the auditor aware that there is this fund obligation and the fund obligation is very significant. Mr. Ward: Ron,just for you're information,obviously by you putting it on the record,it's in here and Raquel is on the phone,so I'm sure she is scribbling a little note right now to ask that question. Ms. McIntosh: Yes, 'am. Mr. Ron Miller: Thank you Jim. On MOTION made by Mr.John Wollard, seconded by Mr. Drew Miller, and with all in favor, the Audited Financial Statements were accepted for inclusion in the record. 12IPae 161 1 Flow Way Community Development District May 21, 2020 EIGHTH ORDER OF BUSINESS Staff Reports Staff Reports I. District Attorney Mr. Greg Urbancic had nothing to report. II. District Engineer/Environmental Consultant Mr.Jeremy Fireline had nothing to report. III. District Manager a) Report of Number of Registered Voters as of April 17,2020 b) Financial Statements April 30,2020(Unaudited) Mr. Ward: The only think 1 have for you is, although you are transitioning this District currently to a qualified elector, there is a provision in the Statute that as of April 15 each year the Supervisor of Elections reports to you the number of registered voters or qualified electors residing within the District. You now have 816. You have obviously met both of the thresholds in the State as to the number of years from the effective date of the Ordinance establishing the CDD and 250 registered voters, and you are in that transition process. You will see this on the Agenda every year. There is no action required of the Board at this point. He asked if there were questions;there were none. NINTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr.Ward asked if there were any Supervisor's Requests. There were none. Mr. Ward asked if there were any audience comments. Mr. David Boguslawski: On the HOA/CDD contractual responsibility, that whole contract thing. I wasn't entirely clear. 1 thought, Drew, you had said the study had been completed that was asked for regarding mapping or delineation of— Mr. Drew Miller: I think it was included in the last Agenda, the map, if I recall. Mr. Ward: We do have that David. Mr. Boguslawski: 1 think this issue to be a difficult one to run down and I'm trying to find the best way to do it, so maybe we can—could I get a copy of the map? Mr. Drew Miller: 1 also think we have over complicated it. So, it's probably a lot simpler than it seems. But yes, send him the map and I think it will be clear. 13IPage DocuSign Envelope ID:403D85FA-CA0A-4988-A094-E6CD4D03E447 16 I + Flow Way Community Development District May 21, 2020 Mr. Boguslawski: We had a long conversation with Nathan, I'm going to say the other day. We've had the County out fora very lengthy field review, and a lot of this is just tied to the littorals, but it's also the washouts going on. We know there are performance bonds involved and I'm not quite sure who owns this other than Taylor Morrison. But in the meantime, and I'm raising it here only because again, CDD responsibility, HOA responsibility, Taylor Morrison responsibility, it con get very confusing in a hurry. We have another meeting coming up with another Supervisor from the County and it's very clear that Taylor Morrison is nowhere near completing the work that is required by permits. I'm talking with respect to littorals, I'm talking with respect to the tiering of the lakes and river, and so I'm trying to understand. And I don't need an answer now Drew, I'm really raising this for your knowledge. Nathan has committed to us to go back to the engineering and land planning guys and stop them from going after the performance bonds. Because until we work through this issue. Because we still have some work to do. I'm only raising it here informationally for you, but again/would appreciate your help with Nathan's to help work through this who does what here—HOA, CDD, Taylor Morrison. It's pretty clear to me getting the performance bonds back is sort of everything on Taylor Morrison's tab, but again, if somebody could send me that map, I could at least give it to our folks responsible for landscaping and engineering. Mr.Ward asked if there were any additional questions from the audience. There were none. TENTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at approximately 2:05 p.m. On MOTION made by Mr. John Wollard, seconded by Mr. Ron Miller, and with all in favor,the Meeting was adjourned. ATTEST: Flow Way Community Development District rDocuSig ned by: 9fj/ d /4: !. G .4ff,P , . - James W. Ward,Secretary esr'i lt' Chairperson 14 ? ; e (( 161 1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday,July 16, 2020 at 1:00 p.m.via telecommunication. Present and constituting a quorum: Drew Miller Chairperson John Wollard Vice Chairperson Ronald Miller Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Counsel Jeremy Fireline District Engineer Audience: Tom Coffey Martin Winters Dave Boguslawski Ed Staley Zack Stamp All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P.Ward called the meeting to order at approximately 1:03 p.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-52, 20-69, 20-112, 20-114, and 20-150 issued by Governor DeSantis on March 9, 2020, March 20, 2020,April 29, 2020, May 8, 2020,and June 23, 2020, and pursuant to Section 120.54(5)9b)2., Florida, Statutes, this meeting was held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board and Staff were present via videoconference or telephone; no persons were present in the on-site meeting room location. He asked all speakers to state their names for the record prior to speaking. He conducted roll call;all Members of the Board were present constituting a quorum. SECOND ORDER OF BUSINESS Public Comments Wage j6I 1 Flow Way Community Development District July 16,2020 I. The Public comment period is for items NOT listed on the Agenda, and individuals are limited to three(3)minutes per person,assignment of speaking time is not permitted,however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes. II. Individuals are permitted to speak on items on the Agenda in accordance with the procedure in I. above. Mr.Ward indicated public comments would be taken during Agenda Items and at the end of the Meeting. THIRD ORDER OF BUSINESS Consideration of Minutes May 21,2020 Regular Meeting Minutes Mr. Ward asked if there were any additions, corrections, or deletions for the May 21, 2020 Regular Meeting Minutes. Hearing none, he called for a motion. On MOTION made by Mr. Tom Kleck, seconded by Mr. John Wollard, and with all in favor,the May 21, 2020 Regular Meeting Minutes were approved. Mr. Ron Miller: At some point I would like to have the opportunity to entertain a discussion about the approval of the proposed budget before we have any motions on it. Mr. Ward explained the public hearing process which would give Mr. Miller this opportunity. FOURTH ORDER OF BUSINESS PUBLIC HEARINGS Mr.Ward indicated the next order of business was the public hearings with respect to the Fiscal Year 2021 Budget for the District. a. PUBLIC HEARING—FISCAL YEAR 2021 BUDGET I. Public Comment and Testimony Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. Drew Miller,seconded by Mr. Ron Miller,and with all in favor,the Public Hearing was opened. Mr.Ward asked if there were any public comments or questions; hearing none, he called for a motion to close the Public Hearing. On MOTION made by Mr. John Wollard, seconded by Mr. Tom Kleck, and with all in favor,the Public Hearing was closed. 2IPage t611 Flow Way Community Development District July 16,2020 II. Board Comment Mr.Ward asked if there were any Board Comments. Mr. Ron Miller: I've got two things to go over;one is a repeat from the last Board Meeting. Recall that I wanted to defund the Budget with respect to all of the preserve maintenance and mitigation, as well as the Tim Hall Contract. Also, recall having made that motion, it failed and at this point, I don't want to get back into that issue. It's somewhat water under the bridge. Another Board Member may wish to resurrect that, but I don't intend to again at this time. I would, however, go on to say I felt very strongly then, and continue to feel very strongly now that the CDD should not be paying for the Taylor Morrison permit obligations that nevertheless we will just leave that alone for now. I might also add to that, while I just represent one vote on this Board, and come November after we have a somewhat fresh Board elected, I'll still only represent one Board vote at that time, so I'm not trying to make any predictions as to which way the Board will go in November. That will be a situation to develop. That kind of segues me into an amendment that I would like to have in this Budget before it's approved. I'm not make a motion at this point; I just want to get into a discussion. The discussion I would like to entertain is again saying that I can't predict what other Board Members are eventually going to do when the Board freshens up in November, but having said that, as I get into this, I could use words like "might, may, likely, highly likely, etc."but in my opinion I think there is a distinct possibility that when the Board freshens up and comes under control of the residents, that there could be legal action taken against Taylor Morrison for all of the discussions we have had in the past. Because of that possibility, I would like to see an amendment put into this Budget to put a line item in the Budget for$100,000 dollars of legal expenses. The way I propose to go about doing that is to utilize $100,000 dollars of the unspent carryover money from the current year, to use that into the next fiscal year. In other words, I would like to see this line item of$100,000 dollars for legal expenses for potential action against Taylor Morrison, but this proposal will not be to increase the assessment that is somewhat locked into at this point. It is only to put in the Budget to utilize existing money, so it will not change the assessment, and I don't think that violates anything. I think that's a permissible thing. I'm not suggesting that everyone will vote in favor of it, but I'm suggesting it as a permissible action that can be taken. That's where I am on that. To close the loop on other Board Members who might raise an issue,for the other Board Member's ears, 1 have already discussed this with Jim Ward to the extent that Jim believes there will be excess money carried over from the current fiscal year of maybe approximately$300,000 dollars. This$100,000, I would like to see as a legal expense budget line item, there is plenty of money to do so. But nevertheless, to close the potentiality I would make the motion to the extent that we put in $100,000 dollars for legal expenses, or if less, whatever money remains from the current year to carry over. That would cover the possibility that if Jim's forecast of$300,000 dollars falls short, there may not be a full $100,000 dollars, so it would be for$100,000 or if less, whatever is left over. That's where 1 want to go with this. He asked if there was further discussion. Mr. Kleck: I have similar concerns as Ron, being a homeowner in Esplanade. One of questions I had for the Board in general,and maybe Greg could explain it. Does the CDD Board have any fund right now to pay attorneys for such as lawsuits that would come up at a later date? Mr. Urbancic: We have a Budget line item, but it is just a normal line item from general services. I think where Supervisor Ron Miller was going was potentially using excess funds, or fund balance of the District, to potentially fund that in the future. It would be something that I suppose could 31Page 16I1 Flow Way Community Development District July 16,2020 be pulled over from that fund balance. Otherwise, your fund balance is used for contingency type factors, or emerging C type purposes. That's sort of why it's there, but Jim can speak more to that. Mr. Ward: The Budget is amendable at any time after today. We could amend it next month;we could amend it six months from now. It doesn't really matter when. We could always move the fund balance today, tomorrow, it doesn't really matter when you do it. The key today is the assessment level. Obviously, you have to adopt a budget with something in it, but we do have the ability to amend it, and we do have around$326,000 dollars in cash at 9/30/2020 of this year based on our current spending levels. Mr. Kleck: So, setting up a separate fund is not a problem? Mr. Ward: Now or in the future, as long as we have the cash, no that is not a problem. As long as we have the$300,000 dollars it is not a problem. Mr. Drew Miller: What I'm hearing is you don't have to identify those dollars on here now, so I think if that was the concern, that the dollars could be used for that, I think if we are going to amend the Budget to reflect the legal and use that, I would like to look at amending to reducing some of those. If he wants to have $100,000, and we think we will have $300,000 in the contingency, are we able to reduce some of that contingency for this year in order to not collect additional funds that are unnecessary from the existing residents that are out there. I'm not saying not to fund what Ron's concerns are, but how much excess is necessary for a CDD like this. How much money do they need to be in a good spot? Mr. Ward: That's a loaded question, and it's loaded because of the preserve issue. Based on your spending level, which is$600,000 a year, that means you need about$125,000 to$150,000 dollars to get through December, and that's because the bills don't go out till November. You don't pay bills until the end of November. The District doesn't get money until the week between Christmas and New Year's, so there has to be between $125,000 and$150,000 dollars sitting in the bank every year in order to fund the first three months in operations. But even if you did that you would still have another$150,000 left over based on the current projections I've run. Mr. Drew Miller: So, currently there is not$300,000 dollars in an excess contingency fund. Some of that is a cash flow element. Mr. Ward: In our world we call it fund balance. How much is in your bank account at the end of the year. At the end of September, I expect$326,000 to be left in that bank account. That's called fund balance. Of that amount we need $150,000 to operate the District on for the next three months. Mr. Ron Miller: I understand what Mr. Ward says about cash flow,but adding this$100,000 dollar line item for legal expenses, it does not mean that the$100,000 is going to be spent between now and then on a cash flow basis, so if there were to become a cash flow issue, that money could be deferred to be spent for a few more months. I don't think that changes the equation here. Mr. Ward: I'm fully agreeing with Ron. You could put $100,000 in it, and I would just move $100,000 from fund balance to fund the $100,000 contingency, within the constraint of the budget, is all I would do. Then next year if it doesn't get used, so be it, it doesn't get used. 4IPage I 6 1 1 Flow Way Community Development District July 16,2020 Mr. Drew Miller: I think if we had just said$100,000 dollars in contingency it would have been the more polite way to have this conversation, but it is definitely tough on people who are employed by Taylor Morrison to hear that the way it was stated. It's kind of unfortunate. I don't mind having the money in there that puts the CDD in a good position, but it sounds to me that the future CDD Board can make those changes at any point in time, so why make it now other than just to throw dust in the wound. To me, I don't know if it's necessary and it's worth us even amending to do it at this point. I would ask that we don't make that change now. That would be my request. Mr. Ron Miller: I do want to make that change now. I do recognize what has been said, that changes can be made in the future. It is not that I'm not listening to that, but I wish to make that change today as part of the Budget approval process. Mr. Drew Miller: Could you explain why? I want to do what I can. Help me understand what the —is it strictly because you believe that in the future the CDD intends to sue Taylor Morrison? Is that what I understand? Mr. Ron Miller: As I mentioned earlier, we don't know what the future Board will do, but I think it's fair to use words like "may, might, likely, highly likely,"so I think it's important, in anticipation of the change of the Board, to get this line item in there now so the Board will at least have that opportunity and will take any further discussion out of having the funds available to do so. Mr. Kleck: I think it is a possibility that the association or maybe other entities might see fit to sue or come after the CDD and we need to have some protection for the CDD in case that ever happens. Mr. Ron Miller: That's another good point. Mr. Wollard: Jim, can any excess fund be put into reserve. Is that viable option here? Mr. Ward: Reserve, in the governmental world, in respect to a general operating account,is a very loose word. We have$326,000 dollars that is projected to have in cash at year end. This Board, or any future Board can do whatever it wants with that cash. We just need to understand that we need$150,000 dollars to operate the CDD in the first three years. If we move it up to a line item called contingency or legal, whatever you want to do is fine, or call it a reserve, that's fine too. I just move it into a carryforward that shows we're using cash from the prior year. Mr. Drew Miller: The money is there, so in my mind it doesn't really matter one way of the other, so if that's the way it is run, so be it. I don't see a big difference. It's unfortunate the way it came out, but I tend to agree more with the way Tom stated it. There is certainly going to be some things that are going to happen in the future from figuring a lot of this stuff out, so I'm okay with allocating it wherever. It's going to change whenever it changes. So,if they move the conversation forward, I can't see continuing any further talks about it. Mr. Ron Miller: Just clue me in as to when it's the proper time to make the motion to approve the Budget with that one amendment. Mr. Ward asked if there were any more questions from the Board; there were none. He asked the Board if the audience could be unmuted for questions or comments;the Board did not object. Wage 1611 Flow Way Community Development District July 16,2020 Mr. Ward asked if there were any questions or comments from the audience about the Budget; there were none. III. Consideration of Resolution 2020-15 adopting the annual appropriation and Budget for Fiscal Year 2021 Mr. Ward called for a motion for Resolution 2020-4 to include the motion to amend the Budget as described during discussion. On MOTION made by Mr. Ron Miller, seconded by Mr.Tom Kleck,and with all in favor, Resolution 2020-4 was adopted as amended to include a $100,000 dollar line item for legal expenses utilizing carryover funds, and the Chair was authorized to sign. b. FISCAL YEAR 2021 IMPOSING SPECIAL ASSESSMENTS; ADOPTING AN ASSESSMENT ROLL, APPROVING THE GENERAL FUND SPECIAL ASSESSMENT METHODOLOGY AND SETTING AN OPERATIONS AND MAINTENANCE CAP FOR NOTICE PURPOSES ONLY Mr.Ward explained Resolution 2020-5 imposed the special assessments for the General Fund for next year. He noted Debt Service Fund assessments remained in place but were included in the Budget to memorialize the assessments for the current year. I. Public Comment and Testimony Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. Ron Miller, seconded by Mr.Tom Kleck, and with all in favor,the Public Hearing was opened. Mr. Ward noted the assessment rate for this coming year was $525.08 which was as adopted by the Board at the previous public hearing. He asked if there were any public comments or questions; hearing none, he called for a motion to close the Public Hearing. On MOTION made by Mr. John Wollard, seconded by Mr. Ron Miller, and with all in favor,the Public Hearing was closed. II. Board Comment There was no Board Comment. III. Consideration of Resolution 2020-5 imposing special assessments,adopting an assessment roll, and approving the general fund special assessment methodology Mr.Ward called for a motion for Resolution 2020-5. 6IPage Flow Way Community Development District July 16,2020 On MOTION made by Mr.John Wollard, seconded by Mr. Drew Miller, and with all in favor,Resolution 2020-5 was adopted,and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Consideration of Resolution 2020-6 Consideration of Resolution 2020-6 designating dates, time, and location for regular meeting of the Board of Supervisor's for Fiscal Year 2021 Mr. Ward stated Resolution 2020-6 set the Board Meeting dates,time and locations for Fiscal Year 2021. He noted the dates, times and locations were not fixed and could be changed, added to, or subtracted from as the Board deemed appropriate. He noted if this Resolution were not adopted, he would be required to advertise all Board Meetings individually as opposed to the entire calendar once at the beginning of the year. He recommended approval. Mr. Ron Miller indicated he agreed with the concept of creating a schedule of meetings. He asked about the meeting location. He noted he wished the Board Meetings to be held "on location." Mr. Ward: If we advertise it that way,it just means that the "on location"has to agree to all of these dates for next year, which has in the past been a little bit difficult. If I were you Ron, I would advertise it at this location for now and if we can get that on a going forward basis, I can always amend the Resolution. Mr. Kleck: I think the conditions and the environment at the learning center where we had our last Board Meeting were less than acceptable. I think until we get a good clubhouse with a nice Board Room with quietness and private-ness, I think we should continue to do as we are doing now. I was not a bit pleased with the way that meeting was held with all the distractions and noise in the background. It did not suit our purposes. Mr. Ron Miller asked if there would be opportunity in the future to change meeting locations. Mr. Ward responded in the affirmative;changes to the date,time and location could be made in the future. Mr.Ward asked if there were any additional questions; hearing none, he called for a motion. On MOTION made by Mr. Ron Miller, seconded by Mr.Tom Kleck,and with all in favor, Resolution 2020-6 was adopted, and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS Staff Reports Staff Reports I. District Attorney Mr. Greg Urbancic had nothing to report. 7IPae tb I 1 Flow Way Community Development District July 16,2020 II. District Engineer/Environmental Consultant Mr.Jeremy Fireline had nothing to report. III. District Manager a) Financial Statements May 31, 2020(Unaudited) b) Financial Statements ending June 30,2020(Unaudited) Mr. Ward had nothing to report. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any audience comments. Mr. Martin Winters: On June 9, Nathan Stith (ph)put out a communication to the residents of Esplanade. Among other things, he made the statement that regarding the external preserve, that hiking, mountain biking, and equestrian activities are all permitted in the preserves. I would like to ask Drew Miller to comment on whether or not those activities are permissible under the Army Corp of Engineer Permit, and if so, who has responsibility for monitoring those activities? Who has access to those activities? Does the general public have access to the external preserves? Who establishes the rules? Who has liabilities for any accidents or fires or injuries or danger to or from the animals? What happens to any damage to the ecosystem in there as a result of all of these activities? If these are not permissible activities under the Army Corp of engineer Permit, why would Nathan Stith make such a misstatement of fact? Mr. Drew Miller: Let me confirmation and I can follow up with that. I know passive recreation is permitted, but if I started to tell you exactly what passive recreation is, I don't want to tell you the wrong thing, so I would like to get Tim on Board. We can ask for a request for him to identify that. But it is my understanding that passive recreation like walking,hiking and those things are. I think as far as injury there,you're talking about residents;right now it is residents only because it's part of the CDD and it's part of your community, so I don't know if there is any different liability from them walking at the amenity site or any of the trails or riding bikes than in the preserves. I'm not really sure how to answer that question. Maybe Greg will be able to answer liability wise better, but I can get an answer from Tim on the rest. Mr. Urbancic: I do agree with the statement Drew made. Liability is going to be—if it's property of the District we have liability as if we have any other property. Really, it could be a variety of claims, but probably going to be something like a negligence claim perhaps, if something were to happen. But the question comes back to whether or not we had a duty? Did we breach the duty? And was that the proximate cause of whatever injury existed or occurred? So, there is a bit of an analysis that comes in. I mean the one benefit from the District is we have a limited waiver sovereign immunity which provides a liability cap. As to what our exposure is in a typical tort situation that could arise. That is one benefit to the District. In terms of wild animals, this is sort of an unsettled area of the law, but one that's come up in the last several years because of alligators in Orlando. There was that one prominent sort of situation. Essentially, there is no strict liability from a wild animal attack in their native habitat;however, the courts have sort of trended toward the situation of if there was a situation where we reasonably knew, or that we could have warned about, then there could be some liability to CDD or Community Association, but that case law hasn't really developed entirely, so there is some speculation as to potential liability for a 8IPage t611 Flow Way Community Development District July 16,2020 CDD and HOA. I guess I would say in that particular context, if we know of a particular danger, then as a Board would try to take some reasonable steps either to ward or prevent that danger in some way. I think we would have to determine what was reasonable. I may have gone beyond what the scope of the question was, but I just was trying to address liability. If I didn't hit it,feel free to ask a followup. Mr. Ron Miller: I was surprised by the email blast that Nathan put out because I didn't think that anyone was allowed to enter the preserves. They have all the signs saying you can't enter. I was confused and remain confused by that. What I'd like to do is to ask the Chairperson, Mr. Drew Miller, to maybe have a conversation with Nathan and see if it would be worthwhile, assuming there are some issues here, to put out an additional message about that to clarify it. Just being pragmatic. Mr. Drew Miller: I think it's worth a conversation. I'll reach out. I've said in the past I believe me, as Taylor Morrison, and Taylor Morrison didn't do well enough. We did the trails map that's kind of up on the wall, and if you look at the trails map up in the preserve area, there's little feet that go up there, and there's a panther on it, so we had intended to do a better job of marketing the benefits of the preserve and some of the passive recreation, so I think that's what they are doing,just trying to get the word out that hey, this is an accessible area, and it's nice. I will get with Nathan and we will get with Tim and I would also look at the liability waiver that the community has signed for the HOA. Maybe there is a chance to expand that a little bit too. I think that makes sense. We can look into both of those topics. Mr. Ward: Two or three months ago, I don't know when I was made aware of some — the external preserves, as you can get into them from outside of Esplanade, were problematic. And I have authorized No Trespassing signs from the preserves that we own that you can get to from outside of Esplanade. They will be going up in the next couple of months. Mr. Martin Winters: Greg, it is your understanding that mountain biking is a permissible activity in the preserve? Can you provide Army Corp Engineer documents that show this is a permissible activity? And as a second question:we know that there are bears in the preserve because they come into our community, so there are known hazards and risks in the preserve, are you suggesting that all residents have unfettered access to the preserve without trials or safety signs or gateways or specific trails that are marked? Or do we just have free access to go mountain biking anywhere we want to in the preserve? Mr. Urbancic: I had not seen the letter, and I didn't know of the issues, so I have not looked into it. I don't know the specific answer to the question without having the Board have me go and take a look at that particular issue. In terms of bears, it's really one of those situations of a wild animal in its habitat. Essentially what the law is trending to, is if we knew, or reasonably should have known of some hazardous condition or activity under our control that could injure a plaintiff, and we have reasonable opportunity to guard against the hazard, then the recommendation is we should take reasonable security measures to prevent that from happening. Now the question is, what is reasonable? What is reasonable under our particular circumstance? It may be simply warning people of the habitat, so we can always talk about what's reasonable in those particular circumstances. I think that may answer your part 2, I just don't have the answer to part 1. Mr. Ron Miller: Just to remind everybody, I believe that the CDD has given South Florida Water Management District the total easement to all of these external preserves,and maybe that's the document or that's the organization that has some play or some authority in this. 9 ! Pa e DocuSign Envelope ID:721E4DlE-96CC-43DB-9og8-1oBDo30FBD31 1' 1 Flow Way Community Development District July 16,2020 Mr. Ward indicated he would look into the situation along with Mr. Drew Miller. He asked if there were any additional questions from the audience;there were none. He asked if there were any additional Board Member questions or comments;there were none. EIGHTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at approximately 1:45 p.m. On MOTION made by Mr. Tom Kleck, seconded by Mr. Ron Miller, and 11 with all in favor,the Meeting was adjourned. Attest: Flow Way Community Development District ff DocuSigned by: James,0. Ward,Secretary 9ret4.21* i34hairperson 101Page teIl 011\ir alito, ttitu PART Of THE USA TODAY NETWORK Published Daily Naples,FL 34110 FLOW WAY CDD C/O JP WARD & ASSOC LLC 2900 NE 12th TER#1 OAKLAND PARK FL 33334 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authonty personally appeared Joe Heynen who on oath says that he serves as legal clerk of the Naples Daily News. a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida: that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples.in said Collier County, Florida. and that the said newspaper has heretofore been continuously published in said Collier County, Florida: distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 6/25/2020:7/2/2020 Subscribed and sworn to before on July 2.2020: /3C1 A.Li YYt W (' (rx f t Notary,State of WI,County of Brown a s TAW\ MOND1.O(„H M Notary Public State of Wisconsin My commission expires: August 6.2021 Publication Cost.$$2_419 20 Ad No(i('10424944 Costumer No:324415 I'O : FLOW WAY COMM PUR 111=.ARING 7116 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT 16 I 1 NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2021 BUDGETS;AND NOTICE OF PUBLIC HEARING TO CONSIDER THE IMPOSITION AND LEVY OF MAINTENANCE AND OPERATION SPECIAL ASSESSMENTS; ADOPTION OF AN ASSESSMENT ROLL,AND THE USE OF THE UNIFORM COLLECTION,AND ENFORCEMENT OF THE SAME;AND NOTICE OF REGULAR BOARD OF SUPERVISORS'MEETING. lee Roard 01 SuperNycR.for the Flew fray Coeuntinry Development Deana ell hold two ptbac hxanngm and a MguLr muacmq dr,July 16,2020 at 1:00 p.m,at the offices of Coleman,Yovanovich and Koester,4001 Tamiarrli Trail FL,Suite 300, Naples Florda 34103. Consistent wan recent Excculive Orders,there will not be any Supervisors or staff physically present a1 a specific meeting Ior,hor for Ira-.meet•nq the nn:ling is bang held for the necessary public purpose et considering •a.ch hu^..ne;c as more hid y aderda ine et lice meetme agenda.a copy o'when will oe posted on the Dislnctr weh;de at runny 1,0m..tycdd erg Please be advised that the Florida Governor's Office has declared a state of emergency due to the Coronavirus (COVID•19). As reported by the Center for Disease Control and World Health Organization,COVtD-19 can spread from person-to-person through small droplets tram the nose or mouth,including when an individual coughs or sneezes.These droplets may land on obiecte and surfaces.Other people may contract COVID-19 by touching these objects or-urincos, then touching their eyen,on.to.,or mouth.Therefore,merely ele:ming facilities,while extremely Important and vital in Mrs Crisis,may not be enough to stop the spread of this virus.Those with weakened immune systems may want to avoid the District's meeting in order to avoid a potential exposure to the virus. With the State of Emergency in r Iorda.sine uurr.uant to Executive Orders 20.52,20-69,20-112 and 20-114 issued by Governor DeSantfs an March 9,2020,March 20,2020,April 29,2020 and May 8,2020,respectively,and pursuant to Section 120.5415)9b)2.Florida.S1at.n(f,this meeting will be nele ub6nng cmnmumeaeon media technology due fe the currra,t COVID-iIt public health emergency Toward that end.anyone wtshng to listen and participate on the Meeting can do 60 by connecting to a link that%V tie posted a,'he Dwtnct',wee:ate vow ftoww7yydd.org The purpose of the first puhhc heanne,,to receive uoolre comment and objections an the F sea:Year 2021 Proposes Uetdgets The fret pubic hearing IS beclq conducted pursuant to Chapter 190.Florida Statutes.The purptr.t of the Second public hear log is to consider the imposition of speaal assessments 10 fund the Oislrict's proposed ape-Once and maintenance budge,.Ter Fiscal Year 2021 upon the la'tde.located within the District,a depictor of which rands is Ynown below,and to consider the adopt on nt an a:et.•.meet roll,he:he uniform collection,and enforcement of the❑saesrnentc.Al lee contluvon of the public hennees,the Bnarrd real ny rr-at,U'ion .Rtopt the budget-and levy a-:.es^morns to funs the operation one maintenance budget as li t_lily improved by the Board A regr,l.rr board men'rig of the Dearict al+l also he meld where the Bumf may con•a,:er fury outer out,inese that may properly came before rt A copy nl the prepas,(l octane'•.nrnim.nary;I .e cmeril roll,and the agenda foe the Hearings::rid mooting may he obtained at the orrice:of the District 1.1.elagc.Itw,.aau at 2000 Nurtaces:121h Terrace,Oakland Park,Florida 33334,Ph.tgb4)6594900, awing normal busmen,,hour..In addihIXn you may contact the D,stne(Manager James Ward at cimWardRapr'SJPYVareVinecciair5 earn In addition,budget:.pden.nary asseticment roll and agenda are ava table on the District':web cite a1 wirert_gowwaycdcLesg.apornxvr ately seven,ll d.ry•.m ad(anti of the meetwg The special assessments a'.'.mnsally rec urn ng a;U:r.;mr,•nte and art in addition to previously levied capful debt art essmcnh,The labia below pre•amla the nopo:ed schedule of Operation and maintenance aseessmenls for Fecal Year 2021. Amounts are prehmmary and subject to change al the hearing and in any haver year The amounts are Subject to carty payment discount afforded by the•unaorru tailecbon LAW Proposed Schedule of Assessments Per Unrt S52.1.17 The lax collet:tor wit collect the S.sessments pursuant to the uniform method. Thu District may choose to collect thy assessments for develop',owned land rot pursuant to Me uniform method. Fariure to pay the assessments collected by the Tax Collector se no the uniform method oil caste a tax certificate to be issued against the property which may resin re a tax deed and loss of title. For delinquent:raocommltc trot were initially directly bi dud by Ilse District.the Distrtn may initiate a torectosure arlren or may place the detmgcant nsseafmants en the next year's county tax bill All affected pronely owners have the nght to appear at the public hearings and the reht to foe written obioUlrwns with the lkstrnt withal twenty(2(I)days of p,M,Cation al let;rotwu. foe public hearings and meetng are open to the public and will be conducted in accordance with the provision;of Florida Law fen Canmutrty Develconent Dntncts The public hearings and meeting may be continued to a dote.tone,and place to be specified on lite record JI the'taanngs or meeting Any err .soli•reecienq•.peu-J.,csammodauurw at Pais meeting oocause of a disability or physical impairment should contact the Distract Office at(954)h58-4900 at lent forty-eight(48i hours,prior to the meeting. If you are hcanr..q or Seeeeh imoored, ales rnntact the Fiends Relay Service at 1800)955 8770 for aid in contacting the District Office. Ecch person who dead,;to appeal any decision made by the Board with respect to any matter considerert at the public hewing',"or meeting ii,advised than oilmen wri need a record of proceedings and that accordingly the person may need to ensure '.hat a veteat•nl record of:nit prot.scuings„made,including the to timony and evidence upon which such appeal is to be based. Flow Way Community Development District James P.Ward District Manager 11 ll tietsty I oil Liketr ie Vll' a • PROJECT LOCATION • I - , --' '-. . e ' - 1I 1y4va 1K.11nI kit lU � I • 1\It ARb 110 U'ti lee Alt jr. J PROJECT I.00'ATION MAP 1'\Fit ill sl l-[IONS I(6 Iin% lien'is 510 I I1,R 1NIrl met AS I 101 t rrl Lit R eta NTI'.rltletD.s se.ell WALDROP F\GINE F RING Ira\IIIII\fen I\IIIRtr 1'R1 P 1R111 I t,l ltil'Rlydl sill lit Nets I I op l 111 i On •.r. test •.n, 1611 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday,April 16, 2020 at 1:00 p.m.via telecommunication. Present and constituting a quorum: Drew Miller Chairperson John Wollard Vice Chairperson Ronald Miller Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Jeremy Fireline District Engineer Tim Hall Turrell, Hall and Associates, Inc. Audience: Tom Coffey Martin Winters Dave Boguslawski All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P.Ward called the meeting to order at approximately 1:07 p.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-52 and 20-69 issued by Governor DeSantis on March 9, 2020 and March 20, 2020 respectively, and pursuant to Section 120.54(5)9b)2., Florida, Statutes, this meeting was being held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board and Staff were present via videoconference or telephone;no persons were present in the on-site meeting room location. He asked all speakers to indicate their names prior to speaking. He called roll and all Members of the Board were present constituting a quorum. SECOND ORDER OF BUSINESS Public Comments 11 Page t6I141 Flow Way Community Development District April 16, 2020 I. The Public comment period is for items NOT listed on the Agenda, and individuals are limited to three(3) minutes per person,assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes. II. Individuals are permitted to speak on items on the Agenda in accordance with the procedure in I. above. Mr. Ward: Item 2 on the Agenda, we normally do a Public Comments section at the beginning of the meeting. Since we are doing this telephonically today, and by video, 1 think with the Board's permission we will skip this, go through each Agenda Item, ask for public participation during the Agenda Item, and then if it's a matter that doesn't appear before the Board we can have an audience comment section later in the Meeting. The Board agreed. THIRD ORDER OF BUSINESS Consideration of Resolution 2020-2 Consideration of Resolution 2020-2 Re-Designating the Officers and consideration of Replacement Member for Seat 3. I. Consideration of Replacement Member for Seat 3 Mr. Ward asked if the Board wished to consider a replacement Member for Seat 3 to fill Mr. Martin's vacated seat, or if the Board wished to continue this Item and move on with today's Agenda. The Board consensus was to move on with today's Agenda. II. Oath of Office III. Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees IV. Form 1—Statement of Financial Interest FOURTH ORDER OF BUSINESS Consideration of Minutes February 20,2020 Regular Meeting Minutes Mr. Ward asked if there were any additions, corrections, or deletions for the February 20, 2020 Regular Meeting Minutes. Hearing none, he called for a motion. On MOTION made by Mr.John Wollard, seconded by Mr. Drew Miller, and with all in favor, the February 20, 2020 Regular Meeting Minutes were approved. FIFTH ORDER OF BUSINESS Consideration of Resolution 2020-3 Consideration of Resolution 2020-3 of The Board of Supervisors of Flow Way Community Development District approving a proposed Budget for Fiscal Year 2021 and setting a Public Hearing Thereon pursuant to Florida Law. Wage 16 I 1 Flow Way Community Development District April 16, 2020 Mr. Ward reported Resolution 2020-3 was the Resolution to begin the Budget process for Fiscal Year 2021. He indicated the Statute required the District Manager to present the Budget to the Board prior to June 15 annually for Board consideration and the Board must approve the Budget for purposes of setting the Public Hearing only. He explained approval of the Budget at this point did not bind the Board to any of the programs or costs contained in the Budget, it merely permitted the Board to move forward through the process towards a Public Hearing date at which time the Board must adopt a Budget and set the assessments in place. He stated pursuant to the Resolution,the Public Hearing was scheduled for Thursday June 18, 2020 at 1:00 p.m. He noted the address was written as the Esplanade Golf and Country Club in Naples;however, he suspected the State would still be under a State of Emergency in June and subject to holding the meeting via videoconference. He indicated attached to the Resolution was a copy of the proposed Budget. Mr. Ron Miller asked if Mr. Tim Hall was present on the call. Mr. Ward responded in the affirmative. Mr. Ron Miller asked if Mr. Tim Hall could make his presentation prior to discussion of the Budget. It was agreed. Mr. Tim Hall asked Mr. Ward if he distributed the prepared memo and maps to the Board Members. Mr. Ward responded in the affirmative. Mr. Hall: First thing I'll do is just run through the status of the preserves as they exist today. The internal preserves, wood stork foraging areas and the western preserve have all been treated and undergone the initial maintenance activity for this year, for 2020. The internal preserves are compliant with all of the permits. They have been meeting their success criteria for the last three years and the District has agreed that they no longer need to be subject to the annual monitoring reports to the District. They've declared the internal preserves as compliant. The wood stork and western preserve areas are also still compliant, but they have another year to go after this year's monitoring report. I would anticipate the western preserve being compliant and no longer needing future monitoring reports to the District. The wood stork areas we anticipate being done in 2021. The northern preserve areas and the section 11 are undergoing treatment now. Anticipate that being done probably the end of May and with some followup treatments to occur on some of those areas. There was some work done back in December to get some initial treatment on some of the grasses that were coming in on the northern end. This year the monitoring of those norther areas also includes an analysis of the regeneration of vegetation and whether or not any supplemental plantings are going to have to be done. We think that there may be a couple of areas along the very northern line where some of the mechanical staging occurred that may need to meet the criteria for replanting. We should know that in a couple more months what the extent of that might be once the treatment is done and we complete the monitoring that's associated with those areas. This is year two. All of the areas are supposed to have at least 50% vegetative coverage. Next year, year three, it's supposed to be up to 75% and then compliance is 80%. We are still working towards that. The vast majority of the area is within those parameters right now, except for some of the little staging areas along the very northern north property line. That's kind of it for the status of the preserves. I know I had also provided a couple of exhibits a while back to Mr. Ward related to adjacent property owners around the preserves and some of the existing easements that are adjacent to or through the preserve areas and lam happy to answer questions related to those as well. 3IPage 16I1 Flow Way Community Development District April 16, 2020 Mr. Tom Kleck: What kind of plantings are you doing and are you doing any of them on the lake banks? Mr. Hall: The plantings that would be associated with the preserves are only in the preserve area and those would be depending upon the type of habitat. There are some pine areas where if we do plantings it will be three to four-foot-tall pine trees and possibly some ground covers like Andropogon or saw palmetto. Then in the more open prairie areas there may be very limited number of trees and mostly grass planting like Aristida and Maidencane, that would help fill in the ground cover component of those areas. The littorals and all of those would be associated with the lake bank or the actual Flow Way conveyance along the outside edge of the development area are not part of the preserves,so they are not really part of what I'm doing any plantings associated with those would be up to the civil engineer or the CDD association if you are trying to increase plantings in some of those areas. Mr. Kleck: As of right now we are not doing any lake bank plantings. Is that how I understand that then? Mr. Hall: No sir. Not any of the work that/have been asked to do anything with has anything to do with the lake banks. Mr. Kleck: Okay. I would like to know personally if and when that starts, that we as a Board be made aware of it. Mr. Hall: Any planting associated with the lakes that was going to be done, I would think would be done already. That would be part of the overall signoff. If it's not done yet it would have to be done before any turnover or any signoff with the Water Management District. Mr. Drew Miller: What Tim's saying is we would have to initiate it Tom. I think it would have to be initiated by the Board. Mr. Kleck: I was involved with an area on another CDD Board where we planted a lot of littorals on the lake banks, Greg is very familiar with it, and it was a complete disaster. I don't want to be throwing money away planting in an area that wont grow. That's why I would like to at least discuss it when we get to that. Mr. Hall: If the Board wanted to move forward with any plantings and all, I can help to guide or offer advice in terms of the types of plants that could go in and where they would be most appropriate or least appropriate in terms of their ability to survive and the conditions that they would be subjected to. There are no lake bank plantings that I am aware of that we are doing at the moment. Mr. Kleck: I agree that we shouldn't do anything until we discuss it further with the lake banks within the development. Mr. Ward asked if there were any other questions for Mr.Tim Hall. Mr. Ron Miller: Tim, I listened as well as I could to your update on the preserves and thank you for that update. If you would please help me understand which preserves— there are half a dozen Wage 16I 1 Flow Way Community Development District April 16, 2020 categories of preserves or so that you went through—and I think I heard you say that the internal preserves have met the success standards, but I didn't hear that any other preserves have yet met the success standards. Am I hearing that correctly? Or please help me understand. Mr. Hall: I may have said it that way. The internal preserves have met the success standards for three consecutive years and so no longer have to be included in annual monitoring reports to the Water Management District. The Corps has not signed off on them yet, but they know that the Water Management District has. The wading bird foraging area has met the success criteria for two years, but they were not consecutive, so they way it stands right now, it has met it for one year and this year it's compliant, and if it's compliant next year then that would be the three consecutive years and it could be signed off on. The western preserve, which is to the west of the project, has met success criteria for two years and we anticipate this being the third year that it will meet,so at the end of this season, when the monitoring reports go in, we will request that the western preserve be signed off on and approved,so it no longer has to be included in. The northern preserves in section 11 areas are into the second year right now and once we finish the monitoring, I will be able to say whether they meet the success criteria or not. I believe that there are some small areas at the north end that are going to require some supplemental planting in order to meet that success criteria and if that happens this would be the first year for them to be compliant and then they would have two more successive years before they could be signed off on by the agencies. Does that help? Mr. Ron Miller: Is it a correct statement for me to say that apart from the internal preserves, no other preserves, at this very moment, met the success criteria. Mr. Hall: No, they still meet the success criteria, but they haven't met it for the three years that are necessary to get the agencies to sign off on future monitoring. Mr. Ron Miller: So, you agree they have not fulfilled the success criteria time period? Mr. Hall: The time period, correct. The western preserve should fulfill it this year. We haven't completed the monitoring out there, but once we complete the monitoring every I've seen to date says it will meet it, so the western preserve will have met it this year and could be signed off on. The wading bird area has one more year to go and the northern areas have two more years to go. Mr. Ward asked if there were any more questions for Mr. Hall; there were none. He continued with discussion of the Budget. Mr. Ward: I'm really going to focus primarily on the first three pages of the Budget that you all have in front of you. That is your General Fund Operation. The remaining Budget that you see behind that area the Debt Service Funds related to the various series of bonds that this District has issued. That entire budget is driven only by the principle an interest that's due on the bonds. The revenue is driven by the assessments that come in from property owners related to those bonds and there is nothing we really can do about those versions of the budget. We will focus on the General Fund. From a high level perspective the budget is consistent with what we have had in the prior year, what has been added to this budget are the assets that are currently being maintained by the home owner's association which include landscaping at the entrance to the community, the entire lake's littoral shelves, lake bank systems within the District itself and some amount for the irrigation system which also belongs to the District. The budget numbers for those 51Page i611 Flow Way Community Development District April 16, 2020 are driven at the moment only from the information / have been able to ascertain from the homeowner's association for what their existing budget levels are in 2020 for that program. So those are the numbers that you have in here for those portions of the budget. If you choose to move forward and keep this in the budget, there is essentially an accompanying item, which is the next item on the Agenda, that requires the District to give notice to the home owner's association that we are going to terminate that existing contract and the District will assume that on a going forward basis. Secondarily, the next major part of this budget is obviously the preserve areas. That budget is consistent with basically—basically it is exactly the same—it is slightly different, but it is basically exactly the same financially as what we have had in the 2020 year going into 2021, and then the lesser part of this entire budget is the administrative side of the budget. That generally remains consistent from year to year for this budget. With that, you will see on the bottom of page 3 the assessment rates that it generates as a result of the preparation of this budget. The way in which I was able to keep this essentially the same—let me go back and explain this in more detail. The District, a couple of years ago, established what we call a cap rate. A cap rate is a rate that as long as our overall operating Budget does not exceed that number then we do not have to do mailed notice to all individual residents of the community. With the operating side of this the addition of the operations for your landscaping etc., the rate becomes$525.08 for next year. The cap rate is$525.10,so we were able to bring this in without having to do the mailed notice and that is in comparison to your existing rate which was$487.67 per unit per year for 1,150 units. The way in which / was able to do this was that/did have in here$119,000 dollar reserve in the existing budget, Fiscal Year 2020 budget, that essentially gets consumed by the assumption of the lake program, landscaping program and the irrigation system going into 2020 to keep your rate under the cap rate. I'll stop at this point and open it up to the Board for any discussion, comments, or questions that you all may have. Mr. Kleck: I would like to read a statement from one of the homeowners Mr. Tom Coffey: "The proposal to terminate the maintenance contract with the HOA and put charges in the 2021 CDD budget, based on his comments, I think terminating the contract between the HOA and CDD is a good thing since we have to maintain a clear delineation between the two legal entities. The cost will be technically the same. Budget looks like to me that the preserve maintenance cost is expected to be about $260,000 dollars in 2020 and the same in 2021. This does not consider insurance, some contingencies and other costs required by the NCOE permit. Treasury bills are one year for 0.16%, ten year will be a 0.62%, 30 year 1.27%. If you factor in future inflation an effective yield is equal to or possibly even negative. So,how much would be required for an escrow fund? $260,000 plus 10%contingency at 0.0127 equals$22.5 million dollars. Note: This is using the 30-year treasury bond rate which is not considered the risk free rate and with no inflation. The risk free rate is usually considered the 90-day T bill rate which is currently 0.09%. $286,000 dollars equals$318 million dollars." Mr. Ron Miller: How much did you say? Mr. Kleck:The T bill rate which is currently 0.09%--$286,000 at that percentage rate equals$318 million dollars. Continuing Mr. Tom Coffey's comments: "We need to stop having our Board Members throw numbers out like$8 to$10 million dollars. We need a professional assessment of the true future costs before we can calculate the present value required for an escrow fund. What is the real cost of a controlled burn? How often will these have to occur? What other costs are truly involved? The clearing of down trees in 2020 is only estimated at$1,000 dollars and the same in 2021. Why is this? There are downed trees all over the preserve. What is the responsibility Wage 16I1 Flow Way Community Development District April 16, 2020 of the CDD to have these trees cleared now and in the future? Environmental consultants reporting on regulating agencies, sampling and monthly visits are a total of$31,700 dollars for 2020 and 2021. Why are the monthly reports and copies of the reports to agencies part of the Board presentation and Agenda? 1 believe these are reports to stay in compliance, so I would deem this to be material information. Tim Hall has included overall status report for each preserve area as part of the current month's agenda. This report gives an estimate of future maintenance cost and no mention of controlled burning. Why not as this was stated as a primary way to control the preserves in the future in the overall mitigation, monitoring and maintenance plans. Maps, who owns the trails and canal? New lake bank maintenance costs in 2021 of$81,600 dollars. Where were these costs in 2020? How do we know that the lakes and the lake banks were in compliance before Taylor Morrison turned them over? We know they are already doing additional work because of the lake bank erosion and not adequate littoral shelf plantings in Tivoli to begin with. New landscaping budget's amount of$80,400 dollars, 2013 bonds at 6.5%, 2015 bonds, phase 3, at 5%, and 5.375%, 4%, 4.8%, 5%, 2017 bonds at 3.4%, 4%, and 5% 2019 bonds at 3.35% 3.7%, 4.125%, and 4.375%. Shouldn't all of these bonds be considered for refinancing now with historic low interest rates? What would be the cost benefit of refinancing each series? I think we should hold firm on not accepting Taylor Morrison's nominee." He asked Mr. Ron Miller to comment on a Cheryl Palmer (ph) letter dated March 2, 2020. Mr. Ron Miller asked if Mr. Coffey was on the conference call. Mr. Kleck responded in the negative. Mr. Ron Miller: Well, thank you for reading that. If Tom were present, I would like to thank him for his comments because I think they are very good comments and get to the point and I've got some further comments to make on that in a few moments. In any event, to respond to Tom's question about the Cheryl Palmer letter which I have written and sent to her and to the Taylor Morrison President of the Florida Division;she received a letter as well. By the way, I will apologize for my lack of technical skills. The letter which I sent to Jim Ward, which is included in the Agenda material, had some edits that weren't properly done. I want to assure the Board members that I did get out a clean letter to both Cheryl and the other president and the letter I sent to Jim Ward still had some red line edits that thanks to my lack of technical skills was an accident, but the proper letter without edits went out to the recipients of the letter. Mr. Ward: We do have a number of audience numbers present who are on voice call. They do include Mr. Coffey. They are muted at the moment and in order for them to speak I have to unmute them for purposes of this call. At this point this is a Board discussion. I will let you all discuss that. When we open it up to Public Comment, I will unmute them and ask them for any comments they may have at that point. The audience can hear you is what I'm telling you at this point. Mr. Ron Miller: Good. Tom Coffey, you can hear me,and thank you for the research and the input that you have provided to the Board today. I will make some further comments on that in a few minutes. The letter that went out to Cheryl Palmer was a summary version recapping all of what we have discussed in the past about the payment of past preserve expenses, the lack of funding for future expenses. The same things that Tom Coffey has put in the information that Tom Kleck just read to us. We could go over that letter together and read it together if we wanted to, but I think it's pretty self-defining in the letter, so maybe just open it up for comments. It's just going over the history of this thing. But I was asking for Cheryl Palmer to intercede and to do something to rectify this situation. I have had no feedback from anyone at Taylor Morrison with respect to that. So, I have nothing further to report. 7IPage 16 I 1 Flow Way Community Development District April 16, 2020 Mr. Ward: This is a novel experience for all of this in doing it this way,so would you like to reserve any future Board Comments, we will open it up to Public Comments, we will close it and then take it back to the Board so you can decide what you want to do with this budget at this point? Is that a reasonable way to handle this? (No response heard.) I'm guessing that's a yes,so Steve, do you want to unmute the audience for me please? We do have a number of audience members on the phone with us today. I cannot see them because they are on audio and not video. If an audience member would like to make some comments specifically related to the item on the Agenda, which is the consideration of the District's Fiscal Year 2021 Budget, I'll ask that you please state your name, make your comments, we will try to respond to you, and at the conclusion of that we will close the audience portion of this and go back to the Board's consideration. Do we have any audience comments on the Budget? Mr. Tom Coffey: Tom, thank you for reading those comments. I'll try to go through the comments that Tom provided. My comment on the$260,000 dollars for the preserve maintenance for 2021, and it looks like the same number for 2020, it's really an observation. That observation was looking back to the Army Corps of Engineer's permit which requires a 10% contingency, and insurance and some fencing and some other things to be included as well, and really my calculations were just looking at the current T bill rates and doing nothing more than mathematics and the calculation was just an observation. The calculation if there was a funded escrow fund, the present value of that would be, could be, a pretty significant number, but the question I have, and I guess this is a question for Tim Hall, is that we have the current maintenance budget for 2020 and 2021 but there is no mention anywhere in the budget so far as to what he puts in his mitigation, monitoring and maintenance plans where he says that the largest long term maintenance will be controlled burns and I'm curious as to what that means, how involved that will be with getting all the interested parties involved such as Fire, Fish and Wildlife, etc., how complicated that is, how many acres would you be allowed to do at once? Is there any idea of what really the long-term maintenance cost, all in, complying with the permits, will truly be? That's my first question and rather than go through the whole list of other questions, maybe, do we want to hear Tim respond to that or do you want me to go through my other questions? Mr. Ward: Let's do it one at a time, I think that's more sensible at this point. Mr. Hall? Mr. Hall: The question about the burns — you're talking about the mitigation, monitoring and maintenance plan where we talked about the controlled burning? Most of the public entities that do this kind of work use burning as their primary maintenance tool. It's not required, but it's generally a lot cheaper for them to burn than it is to go in and do other types of mechanical maintenance,so from a monetary and manpower standpoint they are able to burn their properties a lot easier. That's why it's in the plan. Burning is not a requirement, but the plan and the permitting that was established for it allows that to happen if that is a future maintenance event that wants to occur. You are correct, numbers for that have not been added or included in any of the budgeting that we do. The budgeting right now is simply for the hand spraying and removal of exotics and material by hand is what's included in the budget right now. If fire does get added, most of those habitats out there are an open type community where the frequency of burn would probably in the neighborhood of 9 to 12 years would be about right for them and that would have to be coordinated with all of the surrounding communities, as well as the Department of Forestry and most likely the Water Management District. Most of the entities that do things like that will contract with the Department of Forestry to actually conduct the burn and in that case, a cost standpoint, it can be anywhere from$16 to $60 dollars an acre depending on what they think is Wage e 6I1 .a Flow Way Community Development District April 16, 2020 going to be required to protect all of the surrounding communities from that. But like I said, it's not a requirement, it's an option that's available if the CDD or long-term entity decides to pursue it. Mr. Coffey: Thank you, I understand much better now. So, we have budgeted is the handpicking and work we are doing for 2020 and 2021. Your expert opinion is by continuing that long term, at that size of dollar value,factor in inflation or whatever else,irrespective of controlled burning, that would be adequate to continue to maintain these preserves? Mr. Hall: Yes, I think so. There are a limited number of upland, like palmetto communities up there, where if a load gets heavy or whatever we could bring in a mower for a year and kind of mow the area to do that as a replacement or alternative to burning. You don't have to deal with all of the adjacent communities being concerned about smoke or fire getting away from you or something. There may be little things like that that come up, but the actual maintenance cost, like for 2020 and 2021,I expect that number to continue to go down when the preserves are all brought under control and all of the exotics are on top of where it is mostly these grasses now. I expect the long term cost to go down somewhere around$80 to$100 dollars an acre, whereas right now we are looking at$150 because we are having to do 2 and sometimes 3 treatments a year to stay on top of these little pockets of exotic grasses that we are still trying to deal with. Mr. Coffey: Okay. I see in 2020 we are estimating$1,000 dollars for clearing of downed trees and in 2021 the same number. What does that encompass? Because as I walk the trail, I see all kind of downed trees, so obviously $1,000 dollars isn't enough to clear those downed trees. What downed trees are we speaking about in the budget? Mr. Hall: That was to cover trees that fell into the berm itself. Most of the trees that fall into the preserves and are not a danger to any structures or anything else are just left as they are, but the money for if a tree needs to be cleared is if one falls from the preserve across the walking path, or into berm to the point where it's an obstruction that needs to be removed. That's why that number is so low because the incidents of that happen, we don't think will be very often. Mr. Coffey: Who owns the walking trail and the canal? Mr. Hall: The trail outside of the Flow Way itself is part of the berm protecting the Flow Way, so whoever owns the Flow Way is going to own that trail as well. It is not part of the preserves. It is actually tied to the water management feature of the swale itself. Mr. Coffey: Do we know who owns the swale or the canal? Mr. Hall: If it has not been turned over yet, then it would still be under Taylor Morrison's ownership. Mr. Coffey: Okay,so that will be part of the HOA? Mr. Ward: I can't answer for what Taylor Morrison will do. To the extent it is part of the water management system, those properties, if we don't already have easements over them, should be dedicated to the CDD, especially the drainage system. As I understand what Tim said, that is a Wage 16 I 1 e' Flow Way Community Development District April 16, 2020 part of the water management system, but it is outside of the preserves or next to it. We can find that out for you. I don't know off the top of my head. Mr.Jeremy Fireline: The CDD does have easements over those. Mr. Ward: Mr. Fireline is our District Engineer, so we have an easement. I think the question, Jeremy, is who owns it, so I suspect if we have an easement, it is still in Taylor Morrison's name, but we will check that for you. Mr. Ron Miller: Are we coming to the point where we think that when it is turned over, we think it will be turned over to the CDD? Mr. Ward: It is not in the ownership of the CDD, but it would normally get turned over to a CDD. It can get turned over to your homeowner's association. The District has an easement over it which means we have the right to use it for our purposes, so the ownership becomes less important to the CDD, but either entity would be fine. Personally, I think it should be the CDD but-- Mr. Ron Miller: That is yet to be determined is what we think? Mr. Ward: Correct. Mr. Martin Winters: I have two questions. I understand we are going to be terminating the HOA contract which I presume means the CDD is going to be taking over maintenance responsibilities that are currently being billed through the HOA. Does the $260,000 dollars that's in the 2021 Budget take into account the maintenance responsibilities that the CDD is going to be taking over from the HOA or should that number be higher? Mr. Ward: The$260,000 dollars is only related to preserves. The Budget includes additional line items for the water management system which is $81,600 and for the landscaping which is $80,400. Those are included in the Budget, but they are in addition to the$260,000. Mr. Winters: So that does take into account what the HOA is currently doing? Mr. Ward: It takes into account what they are currently doing of the CDD's assets. As I indicated, that number is based on the information I have that is used by the HOA in their budgeting process. Mr. Winters: Okay. My second question is, I see in the budget an amount for insurance of$6,300 dollars which /presume does not include much liability coverage for anything that happens in the CDD. Have you priced or shopped a higher general liability limit in the event that something happens in the CDD that impacts the surrounding community? Mr. Ward: I think our limit is$2 million dollars on this policy. Generally, my experience tells me that works just fine for a CDD. We don't have that much intrusion or problems. But 1 certainly don't have a problem bringing additional information to the Board that would give them additional options, or looking at that myself, either one. Mr. Coffey: I see in the budget that Mr. Hall submits regular reporting to various agencies for sampling, monthly visits, and my comment would be, and this is not a yes or a no, it's something 10I Page � 6I 14 Flow Way Community Development District April 16, 2020 the Board might want to consider. I think those reporting to regulatory agencies, if I was on the Board, I would be in favor of material reports, especially considering the preserves, I as a Board Member would like to have those as part of access to the records we could look at periodically. This is just a comment. The Board has to consider that. The other observation I would make is that as I go through the bonds and the interest rates that Tom Kleck was referring to, the 2013 bonds were 6% and 6.5% interest respectively, the 2015 phase Ill bonds were 5% and 5.8% respectively, the 2015 phase IV 5.38%. You down these lists and with today's interest rates, obviously there is a cost of refinancing, but I think it would be prudent for the Board to bring in the finance expert with the current historic low interest rates and consider whether plausible,feasible, and economical, especially considering the constituency of all the residents, to refinance these bonds. That's something I, as a resident, would suggest the Board might want to consider. Mr.Ron Miller: I couldn't agree more. If you can refinance today, then you're going to get a much better interest rate than is currently in place. It is my understanding and please Jim, or anyone else that might have some information on this please, speak up. But I think we raised this, or I raised this perhaps a year or year and a half ago, and my memory, which may be poor, but my memory is that with respect to each of the Bond issuances, the first call that we have the possibility of doing a refinancing is 10 years,so we are stuck with the current interest rates for ten years from date of issue. If that is correct, then certainly as a Board we should be very much on top of this and refinance each and every one of them as soon as possible, but my understanding is there is a 10-year call period. Mr. Ward: Ron is absolutely correct. He did raise this question a year or more ago with me, and each Bond issue separately has a 10-year call protection on them. That is what all CDDs in the entire State and some local governments use also. The first opportunity for refi would be 10 years from the issuance date, so the 2013 Bonds would be 2023. That is always on my radar screen as we get closer to that 10-year call period for us to do that. So, not in 2021, but sometime later next year we will have to look at that process. I don't remember the exact date of the issuance of the 2013 Bonds, but probably at the latter part of next year when we should start doing that, and then they renew in sequence from there based on the issuance dates. Mr. Ward asked if there were any other questions or comments from the audience; there were none. He indicated as such Board discussion would continue at this point. Mr. Kleck: One of the questions I have for you, and it's more curiosity than anything else, I understand and know what a simulated burn is. I believe you alluded to it's more of a mechanical and a spraying burn, or simulated burn that eliminates a lot of the ground cover that needs to be taken out. From a cost standpoint how less is a real burn versus a simulated burn per acre? Mr. Hall: Honestly, it depends a lot on the habitat type that you are working in. It could be as simple as running a mower or a small disc through the area—roller choppers they call it that kind of chops up the palmettos and it puts a lot of the dead material down onto the floor where it will break down really quickly and opens up the upper components so that the plants can sprout out and put out a lot of new growth. Something like that is really inexpensive in terms of it's a guy on a tractor pulling the piece of equipment. That can be very inexpensive. A burn can be inexpensive or expensive. I would anticipate if we do try to do actual controlled burns on this property it will be a little bit more expensive because of the care and the labor intensiveness that would be needed to make sure that it doesn't get away into the surrounding communities. Because our preserve is 11I Page 1611 Flow Way Community Development District April 16, 2020 kind of a cul-de-sac going down into communities on really three of the four sides the care that would be needed and the timing—just because you want to burn doesn't mean you would be able to if the conditions and the wind and the relative humidity and all are not right, then you're not going to be able to get permission to burn,so sometimes the conditions don't present themselves for several years to be good for doing that. When we wrote the management plan, we wanted to leave burning in there as an option so that no matter who took them on as a long-term project, that they would be able to manage them in the manner that they are accustomed to. Mr. Kleck: Thank you Tim. Mr. Ward asked how the Board wished to proceed. Mr. Ron Miller: I have some suggestions. My suggestions go down the path of moving the Budget forward by severing the Budget in two pieces, which I'll make a motion on in a few moments. But I intend to motion to sever the Budget into two pieces:The Debt Service piece and the Operational Budget piece. With respect to the Debt Service piece only, I want to make it very clear that I am in favor and do intend to vote in favor of its approval. We do not want to do anything at this point which would jeopardize the debt service as I think there would be some significant consequences to both the residents, as well as to Taylor Morrison if we did not fund the Debt Service. Mr. Drew Miller: You're going to have to explain to me how that would work Jim. So, if we sever those two; who processes the payments? Who manages that? Who actually manages the Budget Operation in the Debt Service Budget? Mr. Ward: I do that. Mr. Drew Miller: Where is your budget in there? Mr. Ward: Within the Operating Budget itself you'll see there is a section called appropriations. It has legislative, executive, other contractual, all the way down. Mr. Drew Miller: So,it would be in the Operational portion. It's not in the portion that he's looking to separate. Mr. Ward: Mr. Ron Miller is separating it into two pieces. The General Fund Budget does include the generalized administrative part of the District, and then the Debt Service Budgets are just the principle and interest due on the Bonds. There are no administrative costs within those budgets. Mr. Drew Miller: So, if that Budget gets passed, but the other Budget does not get passed, the General Budget does not get passed, there is nobody to manage and actually fund and pay and do all the pieces to manage it. So, we are not in any better position. On that note I couldn't support that motion. Mr. Ron Miller: Looking ahead to the operating portion of the Budget,first of all I want to really emphasize, and I'm saying this from a high integrity level of fiduciary obligation capacity and whatnot, that we need to fund the Debt Service. For that to fail, I believe, and this is just my opinion, there could be some dire consequences to both the residents and to Taylor Morrison. I think it is imperative that the debt portion of the budget be approved and move forward as always. 12IPage 1 6 I I Flow Way Community Development District April 16, 2020 With respect to the Operational Budget, where I'm going to go with that in a few moments with a motion is to motion that we do approve the Operating Budget but for taking out of the Operation Budget all of the funding related to Tim Hall and all of the Budget related to maintaining the preserves for all the same reasons we have been over this time and time again. We should not be paying for those. I know Tim Hall is on the phone, and I'm glad he's on the phone, because 1 would like to talk a couple of comments there as well. Nothing I'm saying here is meant to be at all disrespectful to Tim Hall's expertise. He has a great deal of expertise on what he does, and I respect that. That's not my point. My point is, and I'll give you a couple of words of history on this thing where I've been before, is that I now know of two specific situations where Tim Hall has represented Taylor Morrison outside of the CDD:One is where he represented them to amend the Corps of Engineers permit and the other is when he represented Taylor Morrison in a true executive committee meeting. He was clearly representing Taylor Morrison and not the CDD. It would be interesting for me to know, and we will eventually find out. Mr. Hall can maybe make a comment now if he wishes. He doesn't have to. But it would be interesting to know whether his representation of Taylor Morrison on those two instances were billed separately by him, or whether he is being paid by the CDD for those representations, but either way it goes, I am for de- funding Tim Hall and defunding the preserve maintenance. We can vote on that as a separate thing where Drew Miller's good observation, I do not propose to de fund Jim Ward because we do need for the CDD to go onward and to be properly managed. Mr. Drew Miller: There are a couple of items on the Budget that I think are worth discussing. From what I understand there is time to discuss this couple of line items before we do the final approval; however, I think we have an obligation to these preserves,so in my mind there is no option to not fund that. The CDD is responsible for paying that and we have a responsibility. I wanted to put a motion on the Board to move this Budget forward as it stands, asking for a second. MOTION made by Mr.Ron Miller,seconded by Mr.Tom Kleck,and with two in favor (Tom Kleck, Ron Miller) and two opposed (Drew Miller, John Wollard), to sever the Budget into two pieces: Debt Service and Operational Budget failed. Mr. Ron Miller: I would like to make a couple consequences because I do think there can be some diabolical consequences and I really want the Debt Service to be funded and go forward. I think as Board Members we have that fiduciary responsibility for that to occur. The consequences I see by not approving the Debt Service would be, and I've read the indenture on, at least I looked at the indenture on one of the Bond Series and I presume the others are the same. This would, and I'm speaking off the top, but I believe all it would take is some time, maybe a year or two years, the Bond holders do have some rights in the bonds and they would ultimately put liens on the resident's homes. We don't want that to occur. What would happen more quickly in my humble opinion, and I believe I'm the only person on the Board who has ever had real time experience in working with rating agencies such as, specifically, S&P, Standard and Poor's and Moody's and actually going to Wall Street to raise funds. I've had that experience. If we were to miss a debt service payment, even one, apart from the consequences of a year or two later when the bond holders would exercise their rights, I doubt that Taylor Morrison could do another CDD. And also, Taylor Morrison is a public company. I took a loot at their financial statement, their balance sheet. Taylor Morrison current has about $2 billion dollars in debt on the balance sheet. That would go probably immediately to junk status for default on the bonds. I think we should get together on this thing, because 13 I Page 1611 Flow Way Community Development District April 16, 2020 we have common interests and approve that debt service. I can't emphasize that more by saying we should approve that so there is not a default. On MOTION made by Mr. Drew Miller, seconded by Mr.John Wollard, and with two in favor (Drew Miller, John Wollard) and two opposed (Ron Miller,Tom Kleck),to approve the Budget as presented failed. Mr. Greg Urbancic: I just wanted to make sure everyone understands what we are doing is preliminary approval of the Budget. This is not the final approval of the Budget. We actually have to have a public hearing, so this allows us to set a public hearing, and while we cannot go up on the Budget, we certainly can go down. I just want to make sure everybody understood that this was a first order of process for us to have this so we can set a public hearing. This isn't the last bite of the apple for this discussion. Mr. Ron Miller: Thank you for that observation. I was aware of that, but I think we should get this on the table today, so we don't come to the public hearing and have this discussion. Mr. Urbancic: That's fair. I just wanted to make sure everybody was on the same page. Mr. Drew Miller: I understand at one level what you're trying to do with severing this, but I read into that saying that we are going to get a continued 2 to 2 vote on the General and the rest of it. I'm having a hard time understanding what one does or benefits us more than the other. Separating it is just causing us to push the issue we are having. We still have to address the issue at hand which is passing a budget which pays for the responsibilities and obligations of the CDD. All l hear is we are trying to maneuver a situation to keep us out of one problem and jump us into another problem and I don't think that solves our problems. If we need to have the discussion on the preserve maintenance, I feel like now is the time to have a discussion on maintaining the preserves and not try to do one thing so we can postpone and have catastrophe not happen on one thing, but have catastrophe happen on something else. I feel like, lets just have the conversation. It's the CDD's obligation to fund those. I don't think that there is a disagreement with that. I understand where your disagreement is, but the CDD owns them,the CDD has,through many documents and budgets and last year's budgets, and acquisition documents. We have accepted that responsibility. I think walking away from that responsibility is not acceptable of the Board. Mr.Ron Miller: I do appreciate where you're coming from on that. Let me offer up some additional thoughts. These thoughts are not toward Drew Miller or John Wollard personally, but we've all been through this time and time again. I do want to fund the debt service very, very much. For Drew and John. I do recognize that you're in a tough position. I understand that. And I'm sorry that we can't have this kind of conversation outside of a Board Meeting where we can dig into this kind of stuff in more detail and share ideas and thoughts, but unfortunately, we can't. we just have to surprise each other at Board Meetings. There's nothing we can do about that. But this is a very serious matter that we're talking about, quite serious. I would just throw this out for Drew and John that if they're having some nervousness here, which they may very well be,perhaps, and this isn't really your call so to speak, this is probably above your pay grade and if you just want to stop the Board Meeting and we all go home and you take this information back to Taylor Morrison in corporate we can have another Board Meeting next week. 14Ipae 161 1 Flow Way Community Development District April 16, 2020 Mr. Drew Miller: I don't know what information you mean. I'm trying to understand how are we, as a Board, going to vote to fund our obligations. Those obligations include the preserves. I guess that's the problem. We are running on a time clock. We're trying to get a Budget approved, so I feel I don't understand what— Mr. Ron Miller: I'm being transparent. I do not intend to approve the funding of the preserves or Tim Hall's contract. If we are going to cause the entire Budget to be not approved, and the debt service not to be approved, that's a very significant matter that Taylor Morrison corporate may want to know. I'm just offering this up, not to catch them by surprise, maybe let them think about that and have you come back. Mr. Drew Miller: I'm going to need some help here just understanding what is your take on this. What's our obligation as a CDD Board to fund the General Fund as well, and the preserves specifically? Mr. Greg Urbancic: Ultimately the Statute provides basically "thou shalt." Thou shall approve a Budget. So, from your standpoint as Board Members you have an obligation to go ahead and approve a Budget to maintain your facilities and fulfill your obligations. We have existing contractual obligations, so a concern of mine is that if we decide to un-fund some of these provisions, we do have contractual obligations out there and otherwise it could have ramifications for our maintenance obligations. Either not approving a budget or approving a budget in part for operation and maintenance is going to have some other ramifications in term of contractual or other potential liabilities for us. We had better get our hands around all those things if we are only going to approve it in part. Mr. Ron Miller: It's perfectly okay with me if Taylor Morrison would come to the table and fess up and pay for their obligations for the maintenance of the preserves. That's where I think this goes to. It is not the CDD's obligation to do so. Mr. Drew Miller: I think the CDD and even what Greg just said— that obligation is to fund our maintenance responsibilities and to fund this. I don't know how in good conscience we can say if the residents there have something to take up with Taylor Morrison, I don't know that this is the venue to do so. The CDD right now has an agreement in place and has obligations to maintain those preserves. I don't see how our position on the Board is, what you kind of hinted to. I don't know if it is fiduciarily responsible for us to not fund our contracts and fund our obligations and fund the assets that we accepted and that we are responsible for maintaining. Mr. Ron Miller: The obligation to fund the preserves is Taylor Morrison's, not the CDDs. I think we've just reached an impasse is all. Taylor Morrison can step up to the table, and they can fund the CDDs, and we heard Tim Hall tell us succinctly in his presentation that apart from the internal preserves, no other preserves have yet met the success criteria. Mr. Drew Miller: I understand the distinction. The internal preserves were maintained by the HOA and funded through the HOA up until the point in time where they were funded through the CDD, so the funding mechanism—there was an agreement in place. The HOA maintained it. There are some nuances there, but I don't fully understand the difference. There was a responsibility to 15IPage t611 Flow Way Community Development District April 16, 2020 maintain, they were maintained,and they are getting turned over. Again, I can't vote for anything that will not fund the CDD's obligations. Mr. Ron Miller: So, you are in favor of voting Taylor Morrison's pocketbook, not your fiduciary obligation to vote in the best interest of the CDD. That's what I'm hearing you say. Mr. Drew Miller: I don't think I understood what you said. Mr. Ron Miller: As Board Members we have a fiduciary obligation to vote in the best interest of the CDD, not Taylor Morrison. What I'm hearing you say is you would rather vote in favor of Taylor Morrison's pocketbook as opposed to the CDD's pocketbook. We are simply at an impasse. Mr. Drew Miller: I absolutely disagree with you. Vehemently disagree with you. And we have had this discussion ad nauseum. So, no. I don't like you putting words in my mouth. I think you heard me completely wrong and I think you know that. I do believe that this Board and the question at hand has nothing to do —it wasn't a question of do we take and do we accept responsibility for these things. That's not the motion on the floor. We have already accepted the property. It is in the ownership—the contract was written—I'm pretty sure that you guys voted for the Budget and the contract at the time. That was the time to have those discussions. Now we are at a point in time where we have to maintain that. If there is a grievance with it, it's not this Board's grievance with the contract or with the budget or with those things. We have an obligation. Greg has just confirmed we have taken on those assets. We have an obligation to fund the maintenance responsibilities of those assets. That's the question at hand and that's where I feel my fiduciary responsibility lies as a CDD Board Member and that's why I can't vote to not fund our obligations. I can't do it. If we need to think about it, we have next month. We can take a breath, but I really want—and we can table it and come back to next month, but I implore you guys to think really hard about that. That is our obligation and I'm hoping that we are going to be able to make that happen. I feel like it's the only choice we really have. Mr. Ron Miller: I want to correct you on one thing. No resident CDD Board Member has ever approved the transfer of the preserves and their funding requirements to the CDD. That was done by a Board of five Taylor Morrison personnel. I am not taking this lightly. This is a serious matter and we are not able to discuss it outside of a Board Meeting, so this is catching you by surprise and I understand that. So lam offering up the possibility that we just end the Board Meeting, you take this information back to Taylor Morrison Corporate because it's a big decision for you guys and it's catching you by surprise. Mr. Drew Miller: I don't know if it's catching me by surprise. I think you guys have been pretty transparent along the way about what you were going to do on this. I just think that—that's find, if we're at an impasse, we're at an impasse. I think there is a motion on the floor. Mr. Ward: No. There are no motions on the floor. Both motions failed. Mr. Drew Miller: Okay, we can table this until next month if the Board needs more time to think about it. Do we have time to think about it? 16I Page 16 I 1 Flow Way Community Development District April 16, 2020 Mr. Urbancic: Yeah, our deadline for adopting a preliminary Budget is June 15. I know Jim likes to have it done before that so he can make sure we have all the notices done, but that is our deadline for adopting a preliminary budget. Mr. Drew Miller: I just want to touch base on one other thing that popped up on this budget and with the resolution that follows this one is the contract to void the agreement with the HOA. I do think, and that was my only comment on two of the line items in this budget, I'm okay with the dollar value and some of that, but I don't know that we have worked out enough of the details with the HOA and what that would look like, so in terms of it, I do think, we'll probably need to revisit some of the maintenance budget items in this thing, as well as that agreement. I think it needs a little more work before terminating any maintenance agreements. Mr. Ron Miller: In response to the motion which hasn't yet been made to cancel that agreement with the HOA—I'm in favor of doing that,but if you wish to have more time to think about it, that's perfectly okay with me. Mr. Drew Miller: The last meeting we met and had asked the District Engineer to put together an exhibit to start looking at it. Like, there are some landscaping questions /have up front. What we've got budgeted in here for littorals—it looks like some of the stuff in here came from the HOA, but I just want to make sure that that's been vetted out with the HOA, that they're on Board with what the changes are and I don't know if there has been enough discussion. Maybe there has. Who's had those conversations, that kind of stuff. I guess why I'm going that direction is if we are looking at it for next month, maybe there is some research that needs to be done ahead of time. Mr. Ron Miller: I'm quite amenable to that. Mr. Ward: I've remained relatively silent but let me respond to Drew's question on the maintenance. The numbers that are in this budget are wholly from the homeowner's association's budget. As the manager, I don't know whether those numbers are right or wrong at this point. In order to get them done correctly, I clearly need to have some firm that is capable of evaluating the system and determining what we need maintain, what the numbers need to be, what the scope of services need to be with respect to that. That can be done by the District Engineer or another firm as the case may be. But if you want to proceed, it's something that's, although not budgeted, we clearly have sufficient funds to do that, and come up with a better set of numbers for you. If you want to move down that path it was going to be an item that I recommended that we proceed to do at this point in time, giving me the authority to retain the necessary firm to do that. I think the number, probably to do it correctly, is somewhere in the$10,000 to$15,000 dollar range. That's what I have traditionally been used to spending when these turnovers retain the firm correctly to evaluate these assets. Mr.Jeremy Fireline: One of the things on the landscaping. So, definitely Drew I hear what you're saying coming up with which piece is which. The difficulty and the challenge that we're having right now is that we've got what we refer to as code minimum and scaping, and I know you know what that means. That's the minimum number of trees required by the code to be put in for instance on a permit or buffer. In addition to that, the communities such as Esplanade and Naples are built to a much, much higher standard than what would be required for code minimum. It's a beautiful community. So, the question that we have is how we tease apart some of the dollars associated with what's the quantity of trees for instance. I think there is comingled landscaping, 171Page 16 I 1 Flow Way Community Development District April 16, 2020 and it's hard to tell from just the specific documentation specifically what is what. We know the areas, we just,for instance, one of the requisitions calls out trees and sod, so we definitely know what that is, but if there are pieces over and above that, how does that maintenance work then if both the HOA and the CDD were to have assets in the same location. Mr. Ward: Jeremy, maybe 1 can help you. Frankly, that doesn't make any sense. If the District owns an asset, whether it's landscaping or a drainage system, whatever it's constructed to now is the scope of services and the cost that need to be in this Budget. It's not split between an HOA and the CDD. It's either one or the other. It doesn't matter which one. If we can't put our fingers on what the District owns, that in my mind is a big problem. But if we can at least identify what we own and what our maintenance responsibility is, and the scope of service is, then it's not hard to put together a budget for all of this stuff. It doesn't matter whether it is code minimum or built with gold standards. It doesn't matter. It is what it is. Mr. Drew Miller: I was just thinking more along the lines of do we have HOA's approval. Has the HOA Board said yes? Does this make sense? They are going to do this; we are going to do this. That's my point. I want more clarification and maybe some buy-in on both sides of the equation to make sure that everybody agrees what the scope is and why we're doing which one we're doing, and whatever. I think last meeting I said I'm amenable to working through it, but let's just make sure everybody's good and on the same page of why we're doing the things we're doing. Mr. Ron Miller: The real issue we're talking about, and the CDD has unilateral right to cancel this contract,so the real issue is do we believe that it should be canceled and to put that maintenance expense and responsibility back onto the CDD, or should we continue to have the HOA acting as a subcontractor and comingling the two organizations. With respect to the amount of money it takes, whether the numbers Jim has estimated are correct or not, is in some respect irrelevant because whatever the numbers turn out to be in the end are going to be the numbers and the CDD would have the responsibility to do that, or the HOA has to do that, and when you get down to the pocketbooks it's the same pocketbooks. It's the residents. So, without trying to opine whether Jim's estimates or numbers are correct or not correct, I think it's a little higher issue on do we think this is the right thing to do and then move on. I'll repeat myself. I'm okay, Drew, if you want to postpone this and give this some more thought and touch base with your folks back on the HOA. I'm okay with that. Mr. Drew Miller: Okay. That sounds good. Mr. Ward: Okay. So, we are punting on Items 4, 5 and 6 for this meeting? It was the consensus of the Board to continue Items 4, 5 and 6 until the next meeting. SIXTH ORDER OF BUSINESS Consideration of Resolution 2020-4 Consideration of Resolution 2020-4 of the Board of Supervisors of Flow Way Community Development District Authorizing the District Manager to Notify Esplanade Golf and Country Club of Naples, Inc. of the Termination of that certain agreement between Flow Way Community Development District and the Esplanade Golf and Country Club, Inc. It was the consensus of the Board to continue this Item until the next meeting. 18IFage 16 I 1 Flow Way Community Development District April 16, 2020 SEVENTH ORDER OF BUSINESS Staff Reports Staff Reports I. District Attorney Mr. Urbancic had nothing to report. II. District Engineer a) District Asset Report(Waldrop Engineering) b) Preserve Maintenance Report(Turrell&Associates) Mr. Fireline had nothing additional to report. III. District Manager a) Financial Statements January 31,2020(Unaudited) b) Financial Statements February 29, 2020(Unaudited) c) Financial Statements March 31,2020(Unaudited) Mr. Ward stated he had no report. He asked if there were questions regarding the financial statements. There were none. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any additional Supervisor's Requests. There were none. Mr. Ward asked if there were any further audience comments. Mr. Tom Coffey: I think one of the questions Drew was asking regarding the lake bank maintenance issues and the littoral plantings and the maintenance costs that are going to be assumed by the CDD and taken out of the HOA budget. If the CDD owns the property, I think they should be maintaining it. I think one of the questions in my mind is, I know there was a memorandum put out by the HOA that they were doing some lake bank restoration, remediation, or whatever you want to call it because of erosion on Arrizo Court(ph)and Trivoli Terrace(ph), and they want to look at other lake banks also. I really believe that is because the County came and said certain standards weren't met. The question in my mind is not just a simple transfer of what might have been budgeted by the HOA for lake bank maintenance or what the CDD would assume, but if it's one of those remediation costs to be absorbed by Taylor Morrison and not the HOA. That's a question we all should be asking at present. But the real point is, from a budget perspective, as long as we know what the CDD owns and as long as we have a separate contract with a contract or separate billing as to what they are going to do for those things the CDD owns, if you budget, for instance$100,000 dollars an actually billing comes in to$80,000 dollars, well it's budget versus actual variance or if you budget and it came in at$110,000 and you budgeted at$100,000 dollars. It's still budget versus actual. So,from a budgeting perspective, the dollar amount doesn't matter as much as the actual 19IPage 16l 1 Flow Way Community Development District April 16,2020 maintenance of the property owned by the CDD. i think everybody understands that, so l think it's really definitional. Mr. Dave Boguslawski: Tom hit one of mine, but a related comment or question really is, this whole line of demarcation on who owns what assets. Drew mentioned that there's some work. There are some exhibits that were going to be prepared. Who is doing that and who is overseeing it? Mr. Ward: Mr. Fireline with the District Engineers is responsible for the preparation of that. Mr. Boguslawski: Is there an estimate on when that's going to be done? Mr. Fireline: We have the exhibits in draft form right now. We will be 100% done two weeks from this date. Mr. Boguslawski: We had an earlier question on the call about the trail that exists. Just a really rough response if you could. Where do you see roughly the dividing line? Is the river there, the Flow Way bank that's on the golf course side, sort of the place where the split occurs between HOA and COD under this planned split? Mr. Fireline: Speaking under the terms of a water management permit, the water management system itself includes the water and the lake, and then there's a requirement for how high that water gets during the regulatory storms. To answer the question, it kind of varies from lake to lake, but it's basically at the permitted top of bank. That would be the demarcation. it doesn't really depend on trail or any amenity features. it has more to do with the function of the water management system itself. Mr. Boguslawski: Okay. I don't want to get too detailed here. I'm right with Drew's thinking on terms of the level of detail we need to think through while macroscopically it's a pretty easy situation. As we get on the property and look at things, we've got maintenance along the golf course which is a set of issues. Those landscaped beds meander onto the course. We've got bridges that cross the water. So,having that map early to enable the discussions is pretty important. i appreciated a couple of weeks out. Thank you. Mr.Ward asked if there were any additional questions from the audience. There were none. EIGHTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at approximately 2:46 p.m. jOn MOTION made by Mr. Drew Miller, seconded by Mr.John Wollard, and with all in favor,the Meeting was adjourned. Flow Way Community Development District James P.Ward,Secr tary Drew Miller,Chairperson p n 201Page 16 I 1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, May 21, 2020 at 1:00 p.m. via telecommunication. Present and constituting a quorum: Drew Miller Chairperson John Wollard Vice Chairperson Ronald Miller Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P.Ward District Manager Greg Urbancic District Counsel Jeremy Fireline District Engineer Racquel McIntosh Audience: Tom Coffey Martin Winters Dave Boguslawski Ed Staley Zack Stamp All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P.Ward called the meeting to order at approximately 1:04 p.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-52 and 20-69 issued by Governor DeSantis on March 9, 2020 and March 20, 2020 respectively, and pursuant to Section 120.54(5)9b)2., Florida, Statutes, this meeting was being held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board and Staff were present via videoconference or telephone;no persons were present in the on-site meeting room location. He asked all speakers to state their names for the record prior to speaking. He conducted roll call; all Members of the Board were present constituting a quorum. SECOND ORDER OF BUSINESS Public Comments 11Page 16 I 1 Flow Way Community Development District May 21, 2020 I. The Public comment period is for items NOT listed on the Agenda, and individuals are limited to three(3)minutes per person,assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.O114, Florida Statutes. II. Individuals are permitted to speak on items on the Agenda in accordance with the procedure in I. above. Mr. Ward: We will use the same format we used last time, so we will just do public comments during the items we consider on the Agenda today. THIRD ORDER OF BUSINESS Consideration of Resolution 2020-2 Consideration of Resolution 2020-2 Re-Designating the Officers and consideration of Replacement Member for Seat 3. Mr. Ward noted this Item was a holdover from the previous Agenda. He asked if the Board wished to continue this Item until the next Meeting. Mr. Tom Kleck: Are you accepting nominations for new Board Members? Mr. Ward: This to replace the resignation of Mr. Martin from the Board,Seat 3. Mr.John Wollard: I agree based on the last couple of stalemates that we've had, we punt this, or move this particular item until the residents have the majority vote and at that point the can elect who they want. Mr. Kleck: Eventually, we are going to have all homeowners as Board Members;is that correct? Mr. Ward: Yes, early qualification is next week and whoever qualifies the week after will be elected in November if there is only one. If there is more than one you will have an election in November. Mr. Kleck: It will be for one more Board Member, is that correct? Mr. Ward: Yes. Early qualifying is next week, and qualifying period runs I think June 1 through June 6. Greg you can correct me if I'm wrong, if more than one person runs for that one seat then there will be an election on the first Tuesday in November and whoever the winner is will take their seat immediately following the certification of the election results. So,it will generally be the end of the first week,beginning of the second week of November before we have the certified results from the Supervisor if more than one person qualifies. Mr. Kleck: But if only one qualifies, when does that person start? Mr. Ward: Same time period, after the November election. Mr. Greg Urbancic indicated there were two open seats. Mr. Ward concurred. 2IPage I6I1 .~ Flow Way Community Development District May 21, 2020 Mr. Urbarcic: The qualifying period is noon on June 8 through noon on June 12. They would, under the law, after the election, the new Supervisors are seated two weeks after the election date, so two weeks after the general election will be the date that those persons are seated. Mr. Kleck: Greg, can you let the people that are on the phone listening, and those attending this meeting, know where they need to go and what they need to do to get a seat. Mr. Urbancic: Yes, absolutely we can. Jim, I think we did a notice of qualifying for this District. That's probably the handiest tool. They'll need to go to the Supervisor of Elections, all that's done through the Collier County Supervisor of Elections. They'll have the paperwork that needs to be filled out which can be obtained off their website and needs to be submitted between those particular dates:June 8 at noon and June 12 at noon. Mr. Kleck: Thank you. FOURTH ORDER OF BUSINESS Consideration of Minutes April 16, 2020 Regular Meeting Minutes Mr. Ward asked if there were any additions, corrections, or deletions for the April 16, 2020 Regular Meeting Minutes. Hearing none, he called for a motion. On MOTION made by Mr. John Wollard, seconded by Mr. Tom Kleck, and with all in favor,the April 16, 2020 Regular Meeting Minutes were approved. FIFTH ORDER OF BUSINESS Consideration of Resolution 2020-3 Consideration of Resolution 2020-3 of The Board of Supervisors of Flow Way Community Development District approving a proposed Budget for Fiscal Year 2021 and setting a Public Hearing Thereon pursuant to Florida Law Mr. Ward reported Resolution 2020-3 was the Resolution to approve the proposed Budget for Fiscal Year 2021 and to set the Public Hearing. Mr. Drew Miller moved to approve Resolution 2020-3 and Mr. John Wollard seconded the motion. Mr. Ron Miller asked for discussion. Mr. Greg Urbancic: Jim, just for the record theres a motion and a second on the floor to approve that resolution, is that my understanding of what we are going to discuss? Mr. Ron Miller: I want this discussion to be apart from the motion so maybe we have to complete the motion first, I just want to have a discussion first. 3IPage 16 1141 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday,August 20, 2020 at 1:00 p.m.via telecommunication. Present and constituting a quorum: Andrew Miller Chairperson John Wollard Vice Chairperson Ronald Miller Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Jeremy Fireline District Engineer Audience: Ed Staley Zack Stamp All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P.Ward called the meeting to order at approximately 1:02 p.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-52, 20-69, 20-112, 20-123, 20- 139, 20-150, 20-179, and 20-193 issued by Governor DeSantis on March 9, 2020, March 20, 2020, April 29, 2020, May 8, 2020, June 23, 2020, July 29, 2020, and August 7, 2020 respectively, and pursuant to Section 120.54(5)9b)2.,Florida,Statutes,this meeting was held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board and Staff were present via videoconference or telephone; no persons were present in the on-site meeting room location. He asked all speakers to state their names for the record prior to speaking. He conducted roll call;all Members of the Board were present constituting a quorum. SECOND ORDER OF BUSINESS Public Comments I. The Public comment period is for items NOT listed on the Agenda, and individuals are limited to three(3) minutes per person,assignment of speaking time is not permitted, however the Presiding 1 ' Page 16 I 1 Flow Way Community Development District August 20, 2020 Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes. II. Individuals are permitted to speak on items on the Agenda in accordance with the procedure in I. above. Mr.Ward indicated public comments would be taken during Agenda Items and at the end of the Meeting. THIRD ORDER OF BUSINESS Consideration of Minutes July 16,2020 Regular Meeting Minutes Mr.Ward asked if there were any additions,corrections,or deletions for the July 16,2020 Regular Meeting Minutes. Hearing none, he called for a motion. On MOTION made by Mr. Tom Kleck, seconded by Mr. Ronald Miller, and with all in favor, the July 16, 2020 Regular Meeting Minutes were approved. FOURTH ORDER OF BUSINESS Staff Reports Staff Reports I. District Attorney Mr. Greg Urbancic noted the next meeting would likely be held via telecommunication;otherwise, he had nothing to report. II. District Engineer/Environmental Consultant Mr.Jeremy Fireline had nothing to report. III. District Manager a) Financial Statements ending July 31, 2020(Unaudited) Mr. Ward had nothing to report. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any audience comments or questions;there were none. I. Supervisor Ron Miller: a) Update on Preserve E-mail (to Chair)—July 16,2020 Meeting 2IPage 16I1 Flow Way Community Development District August 20, 2020 Mr. Ward: There was an open item from the last Board Meeting that Mr. Miller had asked about specifically regarding the email sent out by the homeowner's association with respect to the preserves. If you all recall that was the email that I included in the Agenda that was sent out by the homeowner's association to all residents and the CDD regarding access to the preserves, etc., with other ancillary information. I think the question was primarily, how did that get disseminated to the community without it at least going through the CDD. Mr. Ron Miller: I agree with everything you said, but was also hoping to get, not only how it got disseminated without involving the CDD, but the accuracy of it seemed to be way out of line. I'm drawing a conclusion on that, but it just seemed to be. We were hoping that Drew would visit with —I think he agreed to visit with other people and give us a report back for clarity or something. Mr. Drew Miller: I don't think it's out of line. I'm following now. This is regarding the access. The permit allows for—I think Jim, if you need additional clarification it needs to come from Tim Hall. They can have access to, providing they don't destroy vegetation. I believe there were some questions about restricting some of the use. I think the association is moving forward with some landscaping, some additional signage, as well as Jim and I think we'd put some additional signage out there through the CDD for offsite areas. The CDD has the ability to restrict access. I just don't know that we'd want to or not. I don't particularly think we need to. Mr. Ward: It's up to the Board what you all want to do. I'll tell you during the interim Drew, and for the balance of the Board, prior to even seeing this email, I was clearly having No Trespassing signs put up on the external preserves such that they would have no trespassing and even some recent locations that I've learned about in the last week or so. On the internal of the preserves, my thought was at least until the CDD Board comes up with a firm position on how it wants to provide access to the internal preserves, the CDD should put up signage at some interval in this location to at least notify residents of these wildlife animals in here, and their danger, and probably not go into those preserves for the moment until we come up with some way to at least identify for residents what's in these preserves, etc. I have asked Tim to come up with some signage for that, that I know he is working on for me during this interim period until the Board comes up with a firm position on this matter. I don't know the answer to this matter. And I think the bigger issue is I don't even know the extent of the kinds of animals that are in that preserve as they relate to the permit. So, whether the email is correct or—I don't see anything wrong with the email in terms of my discussions with Tim Hall, but I also don't know the extent of animals that are in that preserve at this point. Mr. Drew Miller: Greg, how much liability does the CDD have if its residents and members of the CDD access the preserve. Mr. Greg Urbancic: I got into this at the last meeting. It is a bit of an unsettled area of the law when you go into what might be a natural habitat of a particular wild animal do you have responsibility. I think some of the commentary and some of the case law that started to come up after the incident at Disney World with the alligator seem to suggest, at least in terms of discussions about an HOA type of contact, which I would deem somewhat applicable, provides that there should at least be some sort of warning. You have to take some steps. The question is one of negligence. Would someone ever say we had a duty to protect them, and that we breached that duty, and the breach of that duty was the proximate cause of them being injured. We could debate the theory of that. I think discussions we had on a Staff level is, well, it wouldn't hurt to put up warning signs at a Wage 16I 1 Flow Way Community Development District August 20, 2020 minimum because then we at least could say, maybe we had a duty, but we also tried to mitigate that duty by warning people what the situation was. It's a bit of a theoretical debate as to whether or not there would be any sort of liability. There other aspect I want to say is just by our very nature of being a governmental entity we have potential sovereign immunity. There is a limited waiver under the Florida Statutes, but certainly it provides quite a bit more protection than if we were just some private entity that had an interest there. There is that benefit for us that we do have a cap in the event of some sort of tort claim. Mr. Ron Miller: I was hoping to get some additional clarification on the threshold point. I'm one of the first residents in the place and there has always been signs for the external preserves No Trespassing, Keep Out, No Entrance, or whatever that say. I was always under the layman's view that nobody can enter those preserves whatsoever. Then the Nathan Stiff(ph) email blast comes out saying oh, it's a happy thing, we can all go have happy times in there or whatever. I'm trying to understand just the basics of can the CDD allow the utilization of the preserves or are those preserves put away in an easement which prevents their utilization. Mr. Drew Miller: Yes, they can be utilized as passive. The permit allows for passive recreation in there. So, biking and things like that are allowed. Mr. Urbancic: I would have to pull the permit, but my understanding, my recollection, it's been a while, but I think there is language in the permit, in the conservation easement, that allows for passive recreation. I guess the next question Ron would be whether or not, given that the CDD's obligations or interests out there, whether or not we could initiate some sort of rule making to dictate what we are going to permit out there. It is one thing to have it permitted to be allowed;it's another thing of whether or not we are going to ultimately allow it. Mr. Ron Miller: Thank you. You read my mind. I'm not against preventing activity out there. If we can use it for some good things that's fine, but Greg you hit the nail on the head what is it that the CDD, not Nathan Stiff, but what would the CDD like to allow to happen out there? As I'm sitting here right now, I don't have a list of things that I would want to say are "do's and don'ts"but isn't that something the Board and the CDD should develop? Mr. Urbancic: Yes, I think that's a good idea. I would recommend we go through the rule making process in order to determine this is what we're going to allow to be done in the preserves. That would require a public hearing. I think that would be a good idea if we went down that road. Then we could figure it out and determine based on what may be permissible, what we are actually going to allow. Mr. Tom Kleck: There are a lot of CDD organizations throughout the State of Florida. I would think there would be some kind of guidelines or established do's and don'ts already. Are not all CDDs the same Greg? Mr. Urbancic: Not all of them are the same. Every once in a while we establish rules in various districts as to what you can do on certain properties,but I can do a little research, but all the Districts I represent I don't think it's been an issue for other Districts. Other Districts have onsite preserves, maybe not as vast, but they have certain preserves. We've not had to go in there and dictate what can be done and what can't be done. Not all of them are designated as passive recreation. I think if you look at some other communities they may not have the same ability to use the preserves for Wage i6I 1 Flow Way Community Development District August 20, 2020 certain things or they may be limited to things like boardwalks and the like which have never been built, and therefore it's not really an issue. I don't know that there is an actual template. Somebody may have a draft somewhere that they did for another community we might be able to piggyback off of and not start from scratch, but I haven't done it myself personally. Mr. Ron Miller: In the meantime,for discussion purposes, would it be wise to prohibit the utilization because we don't know what we want to do? Mr. Drew Miller: I'm willing to go with whatever you want to. I think we are overanalyzing some of this. I'm not too concerned personally, but I would go with whatever you want to do. I think everybody in the community signs liability waivers, so I don't know how that applies to this but— Mr. Urbancic: I think it's a policy matter and I think you can make the decision as to whether or not you want to do that, and then go through the process of evaluating what you are going to do, or you can keep the status quo and do that evaluation. I would just say it might take a little bit of time to get the signage up there to let the public know exactly what is transpiring. Mr.John Wollard: I would recommend on this particular topic maybe get a Florida Native Habitat sign up in the entrance points and maybe that will suffice for the liability concern while we work out the rules over the course of the next 30 or 60 days. Mr. Urbancic: I think Jim was coming up with some kind of sign that warned of the particularly potentially dangerous species that might be out there:bears and snakes and things like that. Maybe that would meet what Supervisor Wollard had just said. Mr. Ward: Before the email went out, I was on the side of nobody is going in it anyways so let's not worry about it. But the email kind of suggests that people should go out there. So, there are two kinds of signs:one that just says these animals are in here, no trespassing, or please don't enter and another sign that says these are the potential animals that are in here, they are dangerous, beware or stay on a path or something. My gut reaction, until the Board develops a firm set of policies on access, is there is too much potential for hurting a human being, which I tend to be more cautious about, so putting up a Do Not Enter or No Trespassing until you can develop a full set of rules or procedures. The email that went out was extraordinarily broad. I'm not going to question the voracity of the email, if it's correct, it's correct; but I do think we need some kind of signage. My leaning is towards more of a no trespassing, or do not enter sign than anything else. Mr. Tom Kleck: I feel that a lot of this is common sense, and if we are going to forbid our neighbors from trespassing in this area, how are we going to keep the bears from trespassing on our areas? We've got more bears coming into our neighborhoods than I think are in the preserves. Mr. Wollard: We do live in Florida. All of our lakes in the communities tend to have alligators. I just question how far you take the signage. In theory we could say no swimming, and alligators in every lake. Again, I'm with Drew, if we feel like we need to put no trespassing signs there and lock it out we can. I don't necessarily feel like it's the right thing to do, but we will go with your gut on it. Mr. Drew Miller: If we are going to spin our wheels for 30 days or 60 days putting no trespassing signs up, and then come up with rules—the rules in my mind are going to be simple. It's going to be straightforward. If we focus on putting some kind of warning sign up that says enter at your own 5IPage 1611 Flow Way Community Development District August 20, 2020 risk, this is native habitat for these animals, it's going to take us just as long. I don't want to restrict the community from access due to a far chance of them suing us and us being responsible for their actions that the probably already know anyway because it's common sense. If you go out in the woods, you're in nature. Mr. Ward asked for the consensus of the Board. Mr. Drew Miller: I would like the sign to say Beware, Enter at Your Own Risk and I think Tim should be the one to help us create it. When you go to a State Park, they don't have any scary signs out front. Let's maybe take notes from a State Park. I think Tim is probably qualified and has see this and done this at a State Park. It's not much different from a State Park in my opinion. The Board agreed. Mr. Ron Miller: Should we commission a study to be more specific in the future or just leave it at this and we are done? Mr. Ward: Well, we need to develop rules, but let's go to step one and put up beware signs. I've already gotten with Tim,so I have some ideas of what to do. Then we can deal with that as we move forward. Mr. Drew Miller: In creating rules I think you should let Tim start it from the permit, then if we feel like there is something else that needs to be added we can. Mr. Ron Miller: So, Tim Hall is going to come up with some guidelines for us to consider? Mr. Ward: I will be glad to ask him to do that if you'd like and will do the signs in advance of that. The Board agreed. Mr. Ward: Tim did develop a sign that I saw. It says "Caution: Wildlife. Do not feed the animals. Keep pets on a leash. Keep children close by." It has our name on the bottom of it. It is a rectangular sign we can put toward the entrances. I will forward this email to you so you can see it. He asked if there were any additional Board comments. Mr. Kleck: I noticed there were emails and correspondence regarding Taylor Morrison proceeding with the development of the Hatcher property. How are they able to do that when in fact the preserve in that area has not been approved or accepted by the CDD yet? Mr. Drew Miller: I don't understand. Mr. Kleck: We had a vote on whether we would accept the Hatcher property into the preserve area. Mr. Drew Miller: It wasn't the preserve area;it was into the CDD boundaries. We voted not to keep it in the CDD. It's still going to get developed and brought into the community. It will be part of the HOA; they just won't pay the dues or be part of the CDD or have any CDD obligations. Wage 1611 Flow Way Community Development District August 20, 2020 Mr. Ron Miller: I agree with what Drew just said. The Hatcher property has been approved by Collier County and if Taylor Morrison wants to proceed on developing it outside of the CDD they have that privilege. Mr. Drew Miller: We would still be more than willing to bring it into the CDD if you would like to, but it got voted down, which I advised against at the time because they won't have any CDD debt and won't pay any CDD dues, but they are still going to have most of the privileges of the CDD with the exception of potentially being kept out of the preserves. Mr. Ron Miller: I think I would rather defer that until the Board is freshened up in November so there are other voices from the resident's side on that. Mr. Drew Miller: It won't be a deferment. Either we act now, or it won't happen. Once we start development there is not going to be any benefit. We are up against a time clock. At some point you will be getting their permission as well. If you wanted to bring them into the CDD at a later date you would have to get all of the homeowners in that area to agreed. Mr. Urbancic: That's correct. The legal basis is statute. In order to be subjected to the CDD the owner has to consent. Once they transfer a unit to a private owner then that situation is probably lost unless the owner decides they want to be part of the CDD. That's the reason for some of the timing. Mr. Kleck: Drew, do you know how many acres are in that Hatcher property, that are potentially CDD preserves? Mr. Drew Miller: I don't think there are any preserves. There might be a little bit of a grassy area. It's really not about the preserve as much as it is about the homes at the time. They would obviously be paying for their portion of the overall preserves. I think there are 30 some odd units in there, that would be added to the CDD, and obviously the budget would be split up by that many more units. Mr. Ward: There are 36 homes in there. Mr. Kleck: Are you telling me they would not be paying into the CDD fund as everybody else is now? Mr. Drew Miller: Currently. Correct. Mr. Kleck: 1 don't think that's fair to the existing homeowners. Mr. Drew Miller: I agree. Taylor Morrison at the time would like to have put it in and I feel certain they still would. I will have to confirm we haven't passed our deadlines. Mr. Ron Miller: Bringing Hatcher into the CDD boundaries does not benefit the CDD or any of the current residents in the CDD. That would be brought in as a different separate phase and all of the infrastructure done would be paid for just by those 36 homes. There is no crossover of us paying for some of theirs or them paying for some of ours. With respect to the HOA, irrespective of whether that's in the CDD boundaries or not, the same HOA fees are going to apply for their use of the common amenities of Esplanade. I don't think this has any bearing on the benefits or detriments to the current residents. 7IPage 1 6 I 1 Flow Way Community Development District August 20, 2020 Mr. Kleck: There is a fee for every homeowner in here, a CDD fee, which is at the bottom of your tax bill. I just got ours in the mail, the preview of what's to come, and it was about$2300 dollars a year on top of our regular real estate taxes, payable to the CDD. These 36 homes will not be charged with the CDD fee, or will they? Mr. Urbancic: They won't have the debt assessment or the O&M. The large part of that assessment is probably the debt assessment, but they would not have either item, basically because they are not subject to the CDD. Mr. Ron Miller: Yes, those things are on all of our tax bills, and the current residents pay for those, but those are done by the individual phases. The CDD assessment you pay for your phase is different than my phase. If that were to come into the boundaries, they would pay the assessments just for their phase. The bigger picture is it's not a freeloading situation. If it comes into the CDD there will be infrastructure bonds issued and those CDD people will have to pay for those, not other CDD members like us. Without that infrastructure development, that simply raises the cost for Taylor Morrison and Taylor Morrison then either prices that into the properties,or doesn't price it in. That's purely up to Taylor Morrison as to how they want to price their properties. In theoretical mode, if you figured out the cost of that infrastructure that now would be paid for by Taylor Morrison and not by the COD, if that number is$25,000 per lot(I'm just making up numbers here), Taylor Morrison can up the lots by$25,000 dollars and those people pay that in the cost of their house. Or Taylor Morrison can make a$25,000 dollar less profit margin. It doesn't really impact the rest of us. It's all about the cost of the development and the pricing of the property. Mr. Drew Miller: The O&M and the ongoing things are what would be an additional cost split between and additional 36 people. The debt assessment you are correct on. The CDD did sell bond debt already in anticipation of that. It's sitting in the account. That was intended when Hatcher was closed on;it would be annexed into the CDD and the debt would then go back. As currently planned, it's going to go back to the bond holders and pay off that obligation, and then these 36 residents or so would not pay O&M. Any future plans, anything owned by the CDD, any structure that needs to be repaired or rebuilt in the future, these 36 homes would not be obligated to do so. Mr. Kleck: I see no real advantage to not bringing those folks into the CDD, especially when the funds they are going to be paying are included in our maintenance fund for the long term. Mr. Urbancic: Yeah, they will pay their share of operation and maintenance, so basically your denominator gets bigger by 36 units if they are in the CDD. Mr. Kleck: Can I make a new motion? Mr. Urbancic: If we are going to do it, what we would typically do in these situations would be to authorize the boundary expansion and authorize Staff to do it, and probably as a condition,you area going to want to have Taylor Morrison pay the fees for the expansion so they don't have to get saddled with my costs or Jim's costs or the Engineer's costs. Mr. Drew Miller: I don't know if we have a Taylor Morrison representative on that's working in the community, but that portion is going to be fine. The question for Taylor Morrison is going to be whether we still have time to do this and recognize the bond proceeds. Wage 1611 Flow Way Community Development District August 20, 2020 Mr. Urbancic: Taylor Morrison has to know, I don't know where you are in your sales process,you've got to have disclosures in your sales documents. Mr. Drew Miller: I guess the question is, if we do it now, how would we caveat it, or do we need to set it up for 30 days from now? Mr. Urbancic: You could authorize it. I don't see any reason you couldn't authorize it. Jim, is there any reason we couldn't authorize it if that's what the Board decides to do? Mr. Ward: No. Mr. Drew Miller: 1 just texted Taylor Morrison and they say they still want Hatcher in the CDD. So, Taylor Morrison would still like to have Hatcher in the CDD. It's still available. Mr. Ward read Resolution 2020-7: Consideration of Resolution 2020-7 of the board of supervisors of Flow Way Community Development District authorizing the filing of a petition with the Board of County Commissioners of Collier County for a modification of the District's boundaries and the jurisdiction of the District through expansion; providing for certain requirements implementing Section 190.046(1) in agreement with Taylor Morrison Esplanade, LLC to fund the expansion (commonly known as the Hatcher expansion) which authorized Collier County to modify the District's boundaries and bring the Hatcher property under the jurisdiction of the CDD. He recommended Resolution 2020-7 be approved with an amendment requiring understanding from Taylor Morrison that Taylor Morrison would pay the District Counsel and District Engineer service costs in bringing Hatcher into the CDD. Mr. Ron Miller: We rejected this because there really isn't any benefit per se for the other residents, and we've got this much broader issue out there with respect to the preserves, the premature transfer, the funding. We've got all this going on, so I continue to be totally opposed to it, unless Taylor Morrison was wanting to settle this entire thing rather than adding this on top of everything. I don't think it's a good idea to reverse that resolution which was agreed upon and I don't see any issue with the CDD going forward without that property being in the CDD. Taylor Morrison simply has the privilege of developing that land and they can price it,pay for development of that land,and they can price it to their customers. I don't see this as an issue for us to be involved in any further. Mr. Kleck: I personally don't see that we are going to add any leverage for ourselves onto Taylor Morrison by withholding this information. They are going ahead with their development anyway and it's no skin off of their back. As you say, they will raise the prices of their properties to get what they want, and my only problem is, with the future bills that are going to be coming to maintain these preserves, I suggest we have 36 more homes to help fund it. Mr. Drew Miller: Jim, is there a specific motion? How do I say it? Mr. Ward: This was done in resolution format. It is simple a motion to adopt Resolution 2020-7 as I had read into the record with addition to require Taylor Morrison to pay the cost of the expansion of the District's boundaries. He asked if there were any public questions or comments regarding Hatcher property. 9IPage 16I 1 Flow Way Community Development District August 20, 2020 Mr.Zack Stamp: Under the Florida Sunshine Law, can you take final action on something that didn't appear on the Agenda? There has been no public notice that this would be considered. Mr. Urbancic: It isn't necessarily a Sunshine Law issue. The District is able to take up items that don't appear on the original Agenda. The Agenda doesn't bind you to just those specific items. The District is one that meets on a periodic basis and it has to address the business that comes forth, and things can be added that are deemed time sensitive, or whatever the case may be. The Board has some discretion to take action. Mr. Ward asked if any other members of the public had questions;there were none. On MOTION made by Mr. Drew Miller,seconded by Mr.Tom Kleck,and with three in favor and one opposed, Resolution 2020-7 was approved as amended and the Chair was authorized to sign. Mr. Ward asked if there were any other questions or comments. Mr. Ron Miller: As we probably all know,some information came in, and I'm going to paraphrase it as best I can. What Jim sent out to all of us seemed to be Tim Hall's responses to a few questions which came to him from South Florida Water Management District about what seems to be a request to amend the permits with respect to the mitigation and maintenance and the funding of the preserves. That's what I think it's about, but since we don't have that information and cannot be sure, but the information we did receive used the words "co-applicants"and that would lead me down the road that if it's a co-applicant perhaps the CDD was one of the applicant in the co-applicant wording. The Board did approve for Drew, a year ago at this time, to work with Taylor Morrison or Tim Hall or other people to get permit modifications,so there is no issue in Drew doing that because he was authorized by the Board, but where I'm going with this—when I asked Drew have you been working on something — have you been working on something with South Florida Water Management District? Mr. Drew Miller: Yes. Mostly Tim has been doing the leg work, but yes, we are still working to amend the language that was ambiguous or had discussions of the fund to make sure it is clear the CDD—if you remember, this was in context of your concern that somebody could come later and claim the property and ask for money. We don't believe that's the case but agreed at the time to move forward with cleaning up the language and that is what we are moving forward with. Mr. Ron Miller: So, you have been representing the CDD in that endeavor? Mr. Drew Miller: Correct. Mr. Ron Miller: Are you going to provide the CDD Board and administrator with all of those documents, so we can read them? Mr.Drew Miller: Yes. We can get with Tim and have him send the documents which were submitted. Mr. Ron Miller: Have you been working with Jim Ward or Greg Urbancic on this or have you just been working directly with Taylor Morrison and Tim Hall as their representative? 10IPage 1611 ' Flow Way Community Development District August 20, 2020 Mr. Drew Miller: For the most part yes, that's correct. They do have an attorney helping with the permitting as well. Mr. Ron Miller: I would like to make on off the Agenda motion not because you cannot do what you're doing because you've been authorized to do so, but because the rest of the Board has no knowledge and we don't have any information I would like to make a motion the COD withdraw your authority to represent it in this matter until such time as we have all the information and have had time to review it. Mr.Ward asked if there was a second to Mr. Ron Miller's motion;there was none;the motion died for lack of a second. Mr.Drew Miller indicated he would have Mr.Hall send over the requested information to the Board. Mr. Ron Miller: I would like to move to withdraw the application pending further review because the Board has not had an opportunity to review it. Mr. Ward asked if there were any public comments or questions;there were none. On MOTION made by Mr. Ron Miller,seconded by Mr.Tom Kleck, and with one in favor and three opposed, the motion to withdraw the application pending further review failed. EIGHTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at approximately 1:57 p.m. On MOTION made by Mr.Ron Miller,seconded by Mr.Drew Miller,and with all in favor,the Meeting was adjourned. Attest: Flow Way Community Development District James 0. Ward,Secretary Drew Miller,Chairperson 11jF1 �,: 16I 1 • Ak,Air k i ktttt tilts PARE OF THE USA TODAY NE T WORK Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWA RD &ASSOC LLC 2900 NE 12TH TER# 1 NOTICE OF QUALIFYING PERIOD FOR CANDIDATES OAKLAND PARK, FL 33334-4447 FOR THE BOARD OF SUPERVISORS OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT Notice is hereby given that the qualifying period for candidates Affidavit of Publication for the office of Supervisor of the Flow Way Community Dever opment District will commence at noon on June 8, 2020, and STATE OF WISCONSIN close at noon on June 12, 2020. Candidates may qualify during COUNTY OF BROWN the early qualifying period which begins on May 25,2020. Candidates must qualify for the office of Supervisor with the Collier County Supervisor of Elections located at 3750 Enterprise Avenue, Naples, Florida 34104. All candidates shall qualify for Before the undersigned they serve as the authority, individual seats in accordance with section 99.061, Florida Stat personally appeared said legal clerk who on oath says that utes, and must also be a qualified elector of the District. A qualified elector is any person at least 18 years of age who is a he/she serves as Legal Clerk of the Naples Daily News, a citizen of the United States, a legal resident of the State of Flor- daily newspaper published at Naples, in Collier County, Ida and of the District, and who is registered to vote with the Collier County Supervisor of Elections. Campaigns shall be con- Florida; distributed in Collier and Lee counties of Florida; ducted in accordance with Chapter 106,Florida Statutes. that the attached copy of the advertising was published in The Flow Way Community Development District has two (2) said newspaper on dates listed. Affiant further says that the seats up for election,specifically seats 3,and S. Each mat carries a four-year term of office. Elections are nonpartisan and will be said Naples Daily News is a newspaper published at held at the same time as the general election on November 3, 2020,in the manner prescribed by law for general elections.Naples, in said Collier County. Florida, and that the said For additional information, please contact the Collier County newspaper has heretofore been continuously published in Supervisor of Elections at www.colliervotes.com. said Flow Way Community Development District Collier County, Florida; distributed in Collier and Lee James P.Ward,District Manager counties of Florida, each day and has been entered as AD44184150 5/25/2020 second class mail matter at the post office in Naples, in said Collier County. Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Published:05/25/2020 Subscribed and sworn to before on May 25, 2020: �rrirc Yvtr'vtrvrr;r ti Notary,State of WI, County of Brown 1-sn.fin 1v1rlNDLOCll Nn1,a:y l- uolic Stole of Wiscorasir, My commission expires August 6.2021 Publication Cost:$210.00 Ad No.0004184150 Customer No: 1305088 PO#: qualifying election µ of Affidavits1 This is not an invoice 16I1 .4 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE NOTICE IS HEREBY GIVEN, pursuant to Section 190.046 and Section 125.66, Florida Statutes, that the Collier County Board of County Commissioners will hold a Public Hearing on October 13,2020 at 9:00 a.m.(or as soon thereafter as may be heard)in the Board of County Commissioners Chambers,Third Floor, Collier County Government Center, 3299 Tamiami Trail, Naples, Florida, to consider the following ordinance based upon a petition ("Petition") filed by Flow Way Community Development District ("District")to amend the District's boundaries: ORDINANCE NO.2020 AN ORDINANCE AMENDING ORDINANCE NO. 2002-09, THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT, AS PREVIOUSLY AMENDED BY ORDINANCE 2016-35; AMENDING THE DISTRICT BY EXPANDING THE EXTERNAL BOUNDARIES, INCREASING THE DISTRICT FROM 849.40 ACRES TO 859.40 ACRES, OR 10.00 ADDITIONAL ACRES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. The District is located generally on the north side of Immokalee Road, west of Collier Boulevard (C.R. 951). The land proposed for addition into the District's boundaries is depicted on the attached map. All interested persons and affected units of general-purpose government shall be given an opportunity to appear at the hearing and present oral or written comments on the Petition. A copy of the proposed Ordinance, the Petition and other documentation relating to the Petition, including the statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes, is available for review at the Office of the County Clerk,Collier County,3299 Tamiami Trail East,Suite 401, Naples,FL and at the County Comprehensive Planning Section,2800 N. Horseshoe Drive,Naples,FL. In accordance with Section 286.0105,Florida Statutes, if any person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, that person will need a record of the proceedings, and, for such purpose, that person may need to assure that a verbatim record of the proceedings is made, which record would include any testimony or evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devises for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BURT L. SAUNDERS, CHAIR CRYSTAL K.KINZEL,CLERK i6 1 i NORTH COUNTY LINE SCALE:NTS CURRENT FLOW WAY CDD BOUNDARY FLOW WAY CDD BOUNDARY EXPANSION IMMOKALEE RD (CR-846) C) 0 0 r is W VANDERBILT BEACH RD (CR-846) I6It* " Timestamp City 9/23/2020 9:57:08 (CDT) Oakland Park Final Pub Date State 9/27/2020 0:00:00 (CDT) FL Ad Number ZIP Code GCI0499193 33334 Publication Your Name Daily News Ben Dailey Market Email Address Naples bdailey@localiq.com Delivery Method Both Number of Affidavits Needed 1 Customer Email coridissinger@jpwardassociates.corn Customer Name Cori Dissinger Customer Phone Number (954) 658-4900 Customer Address 2900 NE 12Th TER# 1 Oakland Park, FL 33334 Account Number(If Known) 530108 AdPoint#324415 Name Cori Dissinger Street 2900 NE 12Th TER# 1 16 I 1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday,September 17, 2020 at 1:00 p.m.via telecommunication. Present and constituting a quorum: Andrew Miller Chairperson John Wollard Vice Chairperson Tom Kleck Assistant Secretary Absent: Ronald Miller Assistant Secretary Also present were: James P. Ward District Manager Greg Urbancic District Counsel Audience: Zack Stamp Jessica Cohen (ph) Charles Cook Tom Winters (ph) All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call District Manager James P.Ward called the meeting to order at approximately 1:16 p.m. He reported with the State of Emergency in Florida, and pursuant to Executive Orders 20-52, 20-69, 20-112, 20-123, 20- 139, 20-150, 20-179, and 20-193 issued by Governor DeSantis on March 9, 2020, March 20, 2020, April 29, 2020, May 8, 2020, June 23, 2020, July 29, 2020, and August 7, 2020 respectively, and pursuant to Section 120.54(5)9b)2.,Florida,Statutes,this meeting was held utilizing communication media technology due to the current COVID-19 public health emergency. He explained all Members of the Board and Staff were present via videoconference or telephone; no persons were present in the on-site meeting room location. He asked all speakers to state their names for the record prior to speaking. He conducted roll call; all Members of the Board were present with the exception of Supervisor Ron Miller, constituting a quorum. Wage 16I I Flow Way Community Development District September 17, 2020 SECOND ORDER OF BUSINESS Public Comments I. The Public comment period is for items NOT listed on the Agenda, and individuals are limited to three(3)minutes per person,assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes. II. Individuals are permitted to speak on items on the Agenda in accordance with the procedure in I. above. Mr.Ward indicated public comments would be taken during Agenda Items and at the end of the Meeting. THIRD ORDER OF BUSINESS Consideration of Minutes August 20,2020 Regular Meeting Minutes Mr. Ward asked if there were any additions, corrections, or deletions for the August 20, 2020 Regular Meeting Minutes. Hearing none, he called for a motion. On MOTION made by Mr.Tom Kleck, seconded by Mr. Andrew Miller, and with all in favor, the August 20, 2020 Regular Meeting Minutes were approved. FOURTH ORDER OF BUSINESS Staff Reports Staff Reports I. District Attorney Mr. Greg Urbancic: At the last meeting, the Board authorized moving forward with the annexation of the Hatcher piece which is approximately 10 acres. As I think most people know, it was contemplated in the 2019 bond documents, that this piece would ultimately be annexed into the District or that it would be attempted to be annexed into the District at some point, so the petition has been submitted to Collier County. My expectation right now is that it is going in front of the Board of County Commissioners on October 13,2020. That would be the date that presuming the Board agrees to take that action, it would be approved on that date, and subsequently the ordinance filed with the Secretary of State as is typical for county ordinances. Contemplated in those bond documents were once we complete that process, just as a brief summary, somewhat of a refresher for everybody, we'd file amended notice of establishment as we did when we did the Dilillo piece, expanding the District, and then the next aspects of that were once it was annexed, some of the agreements were self-operating in a sense of the project would be expanded. The next step really is to start the assessment process. Presuming it is successful in front of the County, we would have to go through a two-step process as we have gone through in every other phase of the development, which would mean an initial meeting to adopt an amendment to an Engineer's Report and the methodology for the new piece, and also set the public hearing. Just looking forward, as a timeline, we would have the Board hearing on the 13th, presuming the Ordinance gets filed pretty quickly, we could have the initial part of the assessment Wag 16I1 Flow Way Community Development District September 17, 2020 process at our October Meeting and then subsequent to that we would have the final assessment public hearing; there would be advertisements which had to happen. I know Mr. Winters and Mr. Stamp are on the phone. They will be seated, and as the schedule turns out, it looks like they would be seated at the top of the public hearing, presuming we go on that schedule. He noted the process was very similar to what was done with Dilillo. He asked if there were any questions. II. District Engineer/Environmental Consultant No report. III. District Manager a) Financial Statements ending August 31,2020(Unaudited) No report. Mr. Ward asked if there were any questions regarding the Financial Statements;there were none. He noted the Audit would begin in a month or so. He indicated the new Board Members would take seats 10 days after the election in November 2020. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any audience comments or questions. Mr. Charles Cook: If there are any questions about the Hatcher annexation—Here in the Naples office we are directly engaged with the Waldrop Team to develop that property. We are recording that plat as we speak. We are going through the CDD annexation process after the last action from last month's meeting. To the extent that the Board, or any of the new Board Members coming on in November have any questions, I am available. If you would give my contact information to them if they would like to ask anything either now, or anytime thereafter. I just want to make sure what we have been working on the next year, although it's going to happen after Drew and John are off the Board, we are still looking forward to having the annexation take place, and if there are questions along the way, I am here to answer them. Mr. Tom Kleck: What is the model size of home that is going into the Hatcher property? Could you explain that? Mr. Cook: These are 50-foot wide homesites Tom. Very similar to what we have in Esplanade Naples. Jeremy, maybe you can help me with a neighborhood name that Tom might recognize. It's the same product that has been well received in the marketplace there. Mr. Kleck: What specific models are those? Mr. Cook: 1 believe it is the Bellazio, the Izzuro, and Farnice, but I can confirm that for you and verify. Mr. Kleck: Would you please? Mr. Cook: Yes sir. I will. 3 ( Page ! 6I1 Flow Way Community Development District September 17, 2020 Mr. Ward asked if there were any audience questions; there were none. He asked if there were any Supervisor's requests;there were none. SIXTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at approximately 1:26 p.m. On MOTION made by Mr. John Wollard, seconded by Mr. Tom Kleck, and with all in favor,the Meeting was adjourned. Flow Way Community Development District James P.Ward,Secretary Drew Miller, Chairperson 4IPage 16I1 MINUTES CP MEETING FL( i WAY COMM:.UNITY DEV _OPMENT DISTRICT The Reg.. Meeting pf e Board rectors of the Flow Way Community Development District was held on 7. sday,0_:a' 15, 2020 a 1:00 p.m.via telecommunication. Pr::sent and c.or tituting a c;:. rum: A +rew Milk ' Chc person Jor n Wollard Vice Chairperson Tc Kleck Assistant Secretar' R.- !aid Miller Ass'stant Secreta- At:-,o present we e: Ja.ies P.Ward Dist-ict Manager Gr. g Urbanc Dis: ict Counsel AF_':Bence: k Stamp EC Staley AL resident's na es were not included with the minutes. If a resident did not identify themselves or :he audio le id not pick r,;p the name, = name was : :t recorded in these minutes. POE', `NS OF TFS'..S EETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST Oi;- nZ OF BU :S Cai' co Order/Roll Call District Manager Jar. _ Nard cal meeting to order at app oximately 1:07 p.m. He reported with the State of Emerge _y Florida, an ;pursuant to _xecutive 0rd:_-s 20-69, 20-112, 20-114, 20-150, 20- 179, 20-193 and 20-246 issued by Governor DeSan'_is on March 20, 2020, April 29, 2020, May 8, 2020, June 23, 2020, July 29, 1020, August 7, 2020 and September 30, 2020 respectively, and pursuant to Section 120.54(5)9b)2., 'arida,Statutes,this meeting was held utilizing communication media technology due to the current CCTV -19 public health emergency. He explained all Members of the Board and Staff were present via videoccnference or telephone; no persons were present in the on-site meeting room location. Le asked al s takers to state their names for the record prior to speaking. He conducted roll call; all Members of the Board were present with the exception of Supervisor Ron Miller, constituting a quorum. SECOND ORDER OF BUSINESS Corsideration of Minutes September 17, 2020 Re.p.alar Meeting Minutes 1 ' Page 1 6 I 1 Flow Way Communit L _;elopment trice October 15, 2020 Mr.Ward asked if there ere any add : ins,corrections,or deletions for the September 17,2020 Regular Meeting Minutes. H'a- none, he ;:_''ed fora motion. Mr. Ronald Miller a_ke. if it was app:opriate for him to vote regarding these Minutes as he was not present at the Septe -_b 17, 2020 ry ea ing. Mr. Ward responded in the affirmative; it was appropriate for him to vote regardir _these Minuts.s Mr. Greg Urbancic: The Minutes are,ust a memorialization of the action. They are not your consent to any particular item or c -,;thing in thc_e Minutes. It's just a memorialization, so just joining the motion that's mac`n bysome ,n, f;e would not cause an issuT,but if you felt it appropriate,you could vote against. On MO ON made bl Mr. Tom Kleck, seconded by Mr. Andrew Miller, and wit all in favor,the September 17,2020 Regular Meeting Minutes were aF ;:,roved. THIRD OF: OF BUSH S 5 Reports Staff Rept. s I. District Attorne-, Mr. G,eg Urbar `c On Tuesda>, the Board of County Commissioners approved the Amendment relate_' to the H annexation_ I'm waiting on the Ordinance. It has an Ordinance number and I'm told it's beer: si led, but I dcr't have it. i will probably have it later today. The Ordinance is effect;ve upon f' c with the Secretary of State which the Clerk told me that would be done today. Once nat's done; c 'otice of estaolishment of:he amended boundaries will be placed in the Public Record. That pertic' of the process will be co17-plete. Ultimately, we levy an O&M assessment and also if we levy the c 'bt assessme `s that were contemplated : the last bond issuance, we will have to go through the p cess. So, -,ct knowing when we were going to get the executed ordinance in relatic.i to this (:'lee '7g, clearly J.1 _re were some challenges of putting proposed documents on the Agenda,so I will lea, E that to the Board to decide how they want to handle that. The Board can discuss that later if they,'ike The only otI ?r update is t;:s will probably be our last fully virtual meeting. The Governor gave an f tension at the 11' hour and basically sent out a memo saying get prepared because that's it, i the future our Board Meetings will need at least three Supervisors physically present as a qucrur . We may have, depending how and where we hold meetings, we will have to accommodate memhers of the public and the like, and comply with CDC requirements, but in terms of fully v'-tual, as cf November 1, that will probably be off the table for us unless or until the law gets changed. II. District Engineer No report. III. District Manager a) Financial Statements ending Se atember 30,2020(Unaudited) 2IPage 16I1 Flow Way Community Development District October 15, 2020 Mr. Ward: With the expectation that the Governor's Order will not be extended into November, and the location of our current meeting room is Greg's actual office location, l have made arrangements to meet at a Hampton inn not far from his office for the November Meeting so that we can meet some of the CDC guidelines for social distancing. !will send you out the location of the Meeting for November once we do the advertising for that, but we will be meeting in November in a different location in order to continue with the CDC guidelines. The room is not huge, I will tell you. It will only accommodate about 15 people in order to keep the social distancing,so 1 will still set up a WebEx call-in line for those individuals who would like to participate by telephone to do so, mostly audience members. Keep that in mind. Board Members, you may attend in person, and you will still be able to attend by the WebEx Meetings that we are doing, but three Board Members will need to be in attendance in November assuming the Governor does not extend the Order. FOURTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ward asked if there were any Supervisor's Requests; there were none. He asked if there were any audience comments or questions;there were none. FIFTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at approximately 1:15 p.m. On MOTION made by Mr.Andrew Miller,seconded by Mr. Tom Kleck, and with all in favor,the Meeting was adjourned. Flow Way Community Development District James .Ward,Secretary Print Name: Chairperson 3 ( ? age lbt 1 °I\-iiist.._ aiLti t .�{r apIc6Datiti ,,,,- PART OF THE.USA TODAY NE f WORK Published Daily Naples,FL 34110 FLOW WAY CDD CO JPWA RD&ASSOC LLC 2900 NE 12TH TER# 1 NOTICE OF ANNUAL MEETINGS OAKLAND PARK, FL 33334-4447 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Fiscal Year 2021 Regular Meetings of the Board of Supervi- sors of the Flow Way Community Development District are Affidavit of Publication scheduled for the third Thursday of each month at 1:00 P.M.,at the offices of Coleman. Yovanovich & Koester, P.A., 4001 STATE OF WISCONSIN Tamiami Trail North,Suite 300 Naples,Florida 34103,on the fol lowing dates: COUNTY OF BROWN October 15,2020 November 19,2020 December 17,2020 January 21,2021 Before the undersigned they serve as the authority, February 18.2021 March 18,2021 personally appeared said legal clerk who on oath says that April 15,2021 May 20,2021 June 17,2021 July 15,2021 he/she serves as Legal Clerk of the Naples Daily News, a August 19,2021 September 16,2021 daily newspaper published at Naples, in Collier County. The meetings are open to the public and will be conducted in Florida; distributed in Collier and Lee counties of Florida; accordance with the provisions of Florida Law for Community that the attached copy of the advertising was published in Development Districts. A copy of the agenda for each meeting may be obtained from the office of the District Manager, said newspaper on dates listed. Affiant further says that the JPWard & Associates LLC, 2900 NE 12th Terrace, Suite 1, said Naples Daily News is a newspaper published at sevennd{7)Pdaks i n idvanceda 34 of theone 954 meet meeting.65In4900) on,least the Naples, in said Collier County, Florida, and that the said Agenda's will be posted on the District's web site at www.flow newspaper has heretofore been continuously published in waycdd.org. said The meetings may be cancelled or continued to a date,time and Collier County, Florida: distributed in Collier and Lee location specified on the record at the meeting. counties of Florida, each day and has been entered as In accordance with the provisions of the Americans with Disabil- second class mail matter at the post office in Naples, in ities Act, any person requiring special accommodations or an in- said Collier County, Florida, for a period of one year next terpreter to participate at these meetings should contact the District at(954)658-4900, at least five(S)days prior to the date preceding the first publication of the attached copy of ofco the meetings. iFlorida you Relay Service at 1-8 or 00.955 eech impaired, 7 iredorpassss advertisement; and affiant further says that he has neither tance in contacting the District Office. paid nor promised any person, or corporation any discount,rebate, commission or refund for the purpose of securing If any person decides to appeal any decision made with respect to any matter considered at these board meetings, such person this advertisement for publication in the said newspaper. winell edneed a toensureord thatof a the proceedings erecorrd ofdthech person proceedings as made at their own expense and which record includes the testi- Published:09/0612020 mony and evidence on which the appeal is based. .,-----e,—+ Flow Way Community Development District James P.Ward,District Manager #4347731 Pub Date:September 6,2020 Subscribed and sworn to before on September 6.2020: Notary,State of WI,County of Brown 1 'Ai-(A M(.JNl)i (,CI I 1 PJ(Itt,iy Public: A State of Wisconsin. My commission expires August 6,2021 Publication Cost: S336.00 Ad No:0004347731 Customer No: 1305088 PO#: annual meetings notice #of Affidavits/ This is not an invoice ACCOUNT NAME ACCOUNT# PAGE# N a p i e s Flow Way CDD co JPWard&Assoc LLC 324415 1 of 1 STATEMENT# BILLING PERIOD PAYMENT DUE DATE DailyNews 0003497767 Aug 1-Aug 31,2020 September 20,2020 PARTO.T1E USA TODAY Pat '.YOwww PREPAY UNAPPLIED TOTAL AMOUNT DUE (Memo Info) (included in amt due) S0.00 -S210.00 $2,163.70 BILLING ACCOUNT NAME AND ADDRESS BILLING INQUIRIES/ADDRESS CHANGES FEDERAL ID 1-877-736-7612 or smb(a?ccc.gannett.com 47-1939744 Terms and Conditions Past due accounts are subject to interest at the FLOW WAY CDD CO JPWARD &ASSOC LLC rate of 1216 per annum or the maximum legal rate (whichever is less). 2900 NE 12TH TER UNIT 1 Advertiser claims for a credit related to rates incorrectly invoiced or paid OAKLAND PARK, FL 33334-4447 must be submitted in writing to Publisher within 30 days of the invoice date or the claim will be waived.Any credit towards future advertising must be 1 )(I � I1 rl used within 30 days of issuance or the credit will be forfeited. if I�t,l�I.1 II11 I IIr'I' ,r I11 1r �7J�I�I� ' II r�lrl� ' All funds payable in US dollars. 0000324415000000000000034977670021637012644 IContact abgspecial@gannett.com to sign-up for the convenience of having your invoice e-mailed to you. Once signed up you can also enjoy the convenience of making online-payments. r— Date Description Amount 8/1/20 Balance Forward 52,373.70 8111120 PAYMENT-THANK YOU -S210.00 - PLEASE DETACH AND RETURN THIS PORTION W TH YOUR PAYMENT Naples ACCOUNT NAME PAYMENT DUE DATE AMOUNT PAID Flow Way CDD co JPWard&Assoc LLC September 20, 2020 DailyNews ACCOUNT NUMBER STATEMENT NUMBER PART OF Tv*USA TODAY PJErF:ORK 324415 0003497767 CURRENT 30 DAYS 60 DAYS 90 DAYS 120+DAYS UNAPPLIED TOTAL AMOUNT DUE DUE PAST DUE PAST DUE PAST DUE PAST DUE PAYMENTS $0.00 $1,164.10 $1,209.60 $0.00 $0.00 -$210.00 $2,163.70 REMITTANCE ADDRESS (Include Account#&Invoice;on check} TO PAY WITH CREDIT CARD PLEASE FILL OUT BELOW: n VISA n MASTERCARD 0 DISCOVER 0 AMEX Naples Daily News P.O. Box 1412 Card Number Charlotte, NC 28201-1412 Exp Date i CVV Code Signature Date 0000324415000000000000034977670021637012644 16 I 1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, November 19, 2020 at 1:00 p.m. in the Palm Room of the Hampton Inn Naples- Central, 3210 Tamiarni Trail North, Naples, Florida 34103. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Tom Kleck Assistant Secretary Martinn Winter_ Assistant Secretary Andrew Miller Also present were: James P.Ward District Manager Greg Woods District Counsel Jessica Ford Tolin District Counsel Audience: Charles Cook Carlo Racioppo Karl Schneider Gary Leiter Diane Ford Tom McLaughlin C. Doyle-Hefferr an Jerry Peters Marty Teperow Jeremy Arnold Howard Ready John Hinnen Bill Boscintini Gail Neylan Joanne Hahn David Boguslawski Ed Staley Ron Fischer Karen Bosse Sam Miller Tom Coffey James Haderer Joe Reis John Kowalski Barry Nelsor Jack Neylan (x2) Marc Drolet Bob Hennessy Douglas Wells Kirsten Howlett John Nisson All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF Ti-i;S EETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. Wage 1611 Flow Way Community Development District November 19, 2020 FIRST ORDER OF BUSINESS Cali to Order/Roll Call District Manager James P. Ward called the meeting to order at approximately 1:03 p.m. He conducted roll call; all Members of the Board were present constituting a quorum. SECOND ORDER OF BUSINESS Administration of Oath of Office Appointment of qualified electors Mr. Zack Stamp and Mr. Martinn E. Winters to fill the vacancy in Seats (3) and (4)to the Board of Supervisors pursuant to Section 190.004(4) Florida Statutes following the General Election. a) Oath of Office. Mr. Ward indicated he was a notary public with the State of Florida and authorized to administer the Oath. He administered the Oath of Office to the newly elected Board Members and asked said Board Members to sign the Oath of Office and return the signed Oath to himself for notarization and to be made part of the public record. THIRD ORDER OF BUSINESS Consideration of Resolution 2021-1 Consideration of Resolution 2021-1 Re-Designating the Officers of the Flow Way Community Development District Mr. Ward reported he generally served as Secretary and Treasurer. He asked how the Board wished to appoint the Officers of the Board. Discussion ensued: Mr. Zack Stamp was nominated to serve as Chairperson, Mr. Ron Miller was nominated to serve as Vice Chairperson, and Mr. Tom Kleck, and Mr. Martinn Winters were nominated to serve as Assistant Secretaries. Mr. Ward called for a motion. On MOTION made by Mr.Tom Kleck, seconded by Mr. Ron Miller, and with all in favor, Resolution 2021-1 was adopted as above, and the Chairperson was authorized to sign. Mr. Martinn Winters: Cal we give Chairman Stamp the authority to designate Members of the Board, or assign duties,for tasks that are going to be coming before us? Mr. Ward: No, not without making them formal committee members, so I would not suggest you do that. Chairperson Zack Stamp: I want to "set the table"for what's happening here today and explain to the 15 listeners or whatever we have out there what's going on here, as well as the community at large. First, I would like to start by thanking the other members for their confidence in me by electing me chair. There is a lot of work in front 9f us, but I am very happy to undertake that. I would also like to thank Ron and Tom who have labored under a Taylor Morrison controlled board for these years when they couldn't really do much except show up and voice their objections. I can tell you that help has arrived and as you 2IPage 16I1 Flow Way Community Development District November 19, 2020 know the balance has shifted. Taylor Morrison has for years, as we all know, with their Board control, systematically, repeatedly, improperly, prematurely, shifted their legal obligations to the residents of Esplanade. That ends today. Today we begin to slow down, stop, and reverse these actions by Taylor Morrison. I expect, and we should all prepare for Taylor Morrison with its vast resources and political connections, to strike back at court and with threats to the residents, the HOA turnover, and other developments back at our home community. The donations to the Esplanade Transition Fund, which Martinn if I could impose on you, how many donors do we have approximately? Mr. Martinn Winters: 287. Chairperson Stamp: 287 who have donated to the Esplanade Transition Fund, have allowed us to get a running start at the undertaking before us, but this is still going to take time at the best of times, and with COVID out there, these are not the best of times. We need to be prepared for a long hard slog. I want to tell the people, the residents, unlike the HOA and the ETF, the CDD is a unit of local government. A CDD is subject to the Sunshine laws and the ethics laws of the State of Florida. While the HOA and the ETF board members may feel free to talk to each other anytime, anywhere, about anything they want, the CDD Board cannot do that. The only time Members of the CDD Board can talk to each other is a scheduled Board Meeting given with all the proper legal notice. I cannot walk down the street two or three doors and ask Torn Kleck what he thinks about something at the CDD. It is just improper, and it's going to make things awkward. So, for the people out there listening, at times it may appear we are disorganized or unprepared, that comes from not being able to talk to each other and anticipate and prepare, but the State of Florida, and I'm not saying they are wrong, have traded efficiency for transparency. We will do everything we can to comply with the law. The law does, however, allow free and unlimited discussion between the residents and the Members of the Board at any time, on the golf course, at the tiki bar, wherever you run into us you are free to come up and talk to us, tell us what you think. Input and participation are very welcome. There may be some working groups or groups put together who will assist us in some of the things we are going to talk about. You are not bound by that; the Members are bound by that. Keep that in mind. Okay, let's begin. I want to say there will be a period of public comment. Any time there is an item on the agenda, I will recognize anybody who wants to address that briefly, and then at the closing there will be another period for comment if we haven't talked about something that you want to address the Board about. So, with that, I'll start. FOURTH ORDER OF BUSINESS Consideration of Minutes October 15, 2020 Regular Meeting Minutes Chairperson Stamp called for a motion to approve the October 15, 2020 Regular Meeting Minutes. On MOTION made by Mr. Tom Kleck, seconded by Mr. Martinn Winters, and with all in favor, the October 15, 2020 Regular Meeting Minutes were approved. FIFTH ORDER OF BUSK .ASS Consideration of Resolution 2021-2 3IPage 16I1 Flow Way Community Development District November 19, 2020 Consideration of Resolution 2021-2, a Resolution of the Board of Supervisors of the Flow Way Community Development District Declaring Special Assessments; Indicating the Location, Nature and estimated cost of those Improvements which cost is to be defrayed in whole or in part by the Special Assessments; Providing the portion of the estimated cost of the improvements to be defrayed in whole or in part by the Special Assessments; Providing the manner in which such Special Assessments shall be made; Providing when such Special Assessments shall be made; Designating lands upon which the Special Assessments shall be levied; Providing for an assessment plat; Adopting a preliminary assessment roll; Providing for a Public Hearing to consider the advisability and propriety of said Assessments and the related improvements; Providing for Notice of said Public Hearing; Providing for publication of this Resolution Chairperson Stamp asked Mr. Ward to explain Resolution 2021-2 and Resolution 2021-3. He indicated he planned to recommend these Resolutions be postponed until the December Meeting. Mr. Ward: In 2018 or 2019, the District had issued 't's final series of special assessment bonds for the Flow Way Community Development District and within the constraints of that bond issue, there was certain land Taylor Morrison had purchased or had under contract more commonly known as the Hatcher Parcel, which pursuant to those bond documents was anticipated to be annexed into the District at some point in the near future at that time. That land was, as i said, subject to annexation. The Board approved the process to go through that annexation September or October of this year. That has gone through the process at the County Commission level and the Hatcher land is now annexed into the District. Once that was done the contemplation was that the District would go through the process of levying special assessments on the Hatcher land for the capital funds included in the last bond issue done by the District. Resolutions 2021-2 and 2021-3 are the two initial assessment resolutions that are required by the Board to consider for levying those capital assessments on only the Hatcher land. If you choose to move forward with this issue the public hearing is scheduled for January 21, 2020. There is a rather long period of time between adoption of these resolutions and your public hearing in order to meet all the advertising requirements and notice requirements pursuant to law. 60 days is not it, but it is generally about 40 days of time from the day you start you process until you finish it in order to get these special assessments in place. Chairperson Stamp: It is my understanding doing these resolutions in December would not imperil or impede anything. Mr. Ward: No. The drop-dead date on this is March 15, 2021. If they are not adopted on or before that date, then what's remaining in those construction funds automatically will get used to redeem bonds on May 1, 2021. As long as you get through that 40-day process before that date, and I have time to notice the trustee of that then you are fine. Mr. Ron Miller: What are the consequences of failing to pass these resolutions? Mr. Ward: The authority of a Board to levy special assessments is truly at your desire. You may choose to do this or not as the case may be. You certainly have that within your authority. The bond documents clearly contemplated that would be done. I have no clue what the Hatcher owners would do as a result of not adopting these assessments. Mr. Ron Miller: I think I understand the concept, what happens in the event of inaction. Wage I 6 I 1 Flow Way Community Development District November 19, 2020 Mr. Ward: Nothing, other than the bond funds will transition to a redemption account and bonds will be called on May 1, 2021. That is the consequence of the inaction. Mr. Ron Miller: I think I heard you say that continued inaction on these resolutions, ultimately would result in the funds that have been received, the sale of the bonds, being used to redeem the bonds per the indenture. Mr. Ward: Correct. That's what inaction would mean to the District. Mr. Ron Miller: With that inaction, and the redemption of those bonds, the actual property that would require those assessments does not happen and the CDD would simply be unable to purchase the infrastructure assets? Mr. Ward: Let me separate the special assessments. The special assessments are two parts. One is a capital assessment for the construction of infrastructure and operating assessments, so it is within the boundaries of the District, with respect to future operating assessments, this Board would always have the authority to levy those on a year by year basis as you solely determine. With respect to capital assessments, it simply means that those funds within that existing bond issue would automatically go away as a result of the indenture requirements. It doesn't preclude you in the future from levying assessments, but I will tell you practically speaking, levying capital assessments and trying to do a bond issue for$1 million dollars is not practical. Mr. Ron Miller: So, then the consequences of the capital assessments to simply have continued inaction on the capital assessments, aside from the debt to the infrastructure...one or two things happen, some of the assets like water and sewer, those are dedicated over to the County. The other items such as the pond... (indecipherable 18:00). Mr. Ward: Correct. Mr. Ron Miller: I will just say what I have said in the past (indecipherable 18:32). I don't have an appetite for(indecipherable). • Mr. Drew Miller: There was an agreement(indecipherable 19:48). That doesn't mean that there won't be other consequences. It doesn't mean vie don't have to take credit; it just means that the funds we don't pay taxes, I don't know that it means the COD can refuse the infrastructure. The storm water infrastructure, that is the property of the CDD. The Master Engineers Report contemplated the storm water to be part of the CDD. So, to complete what the CDC's obligation is and as a whole to all of the previous bond sales, original ordinance, and master engineers reports were all contemplated with the CDD taking over (indecipherable). I don't know the answer, but I don't think it's just as simple as (indecipherable 21:13). Chairperson Stamp: Drew, you keep saying there was an agreement. Who were the two parties of the agreement? Mr. Drew Miller: The CDD and the developer and the party of the bond sale. 51Pa e 16I1 ~ Flow Way Community Development District November 19, 2020 Mr. Tom Kleck: I don't think(indecipherable 21:50). Hatcher property was going to proceed whether we liked it or not, and why they should be segregated, or not part of the Esplanade neighborhood, was one of my concerns. Chairperson Stamp: This is why I'm saying nothing is hurt by putting it off another month. Maybe we can figure out where we are at. And maybe we will be at inaction in a month. Mr. Martinn Winters: If the CDD lacks the funds to purchase these assets, does that mean that the assets don't transfer or does some other party have to pay for these assets? Mr. Ward: To the extent that any developer, not just Taylor Morrison, is developing the Hatcher property, obviously that infrastructure has to go in, in order to ensure the entitlements that they have under the development allow them to do that. The CDD is simply a mechanism to do the financing for all of that, so whatever Taylor Morrison decides, or any developer decides, on how they are going to provide infrastructure, that is obviously within their purview. Where it gets transferred to ultimately in this specific instance could be the HOA, the CDD, it could be an HOA that is just over Hatcher. It could be a number of entities, but water management permits are probably the most complicated because those are probably under a Master South Florida Water Management District permit that is either in this District's name of Taylor Morrison's name and has to get transferred somewhere at some point, so someone will have an obligation to maintain that drainage system at some point in the future. I would have no clue who that is because I am not privy to any of those existing South Florida permits for that drainage system. Mr. Ron Miller: The assets that would under normal process would be dedicated over to the county. Wouldn't that process just go on? Mr. Ward: Yes. That process just goes on. Mr. Ron Miller:So those assets that are not dedicated to the County, those would be looking for a home. Mr. Ward: They need a home, yes. Mr. Winters: To follow up, mechanically the developer pays for the infrastructure cost that the CDD is later to reimburse the developer for. Is that mechanically how it works? Mr. Ward: Yes. I would change a few of the words but generally speaking that is the way it happens. Mr. Winters: So, if the developer is not reimbursed for these costs, do the assets still get transferred? Mr. Ward: That is up to the developer. The District has no control over that. Whoever put the asset in would transfer it somewhere. As Mr. Ron Miller indicated, utilities are easy. That's going to go to Collier County, they will accept them as a matter of course. The drainage system is really the one that "needs a home"as Mr. Ron Miller indicated. Mr. Ron Miller: It seems like afterwards, those assets could still be transferred to the CDD and the CDD could take over the maintenance. Mr. Ward: Yes. Whatever home they go to, that homeowners needs to take it. Wage 16I 1 Flow Way Community Development District November 19, 2020 (indecipherable 25:52 and unsure who is speaking) Mr. Drew Miller: I would say we were (indecipherable 26:19) not doing the agreements that we have in place to fund this infrastructure. What is our personal drive? You just took the oath of office, both of you, we all have now, what would be the—there is no COD benefit to this. It doesn't benefit or hurt the CDD. It is all outside of the CDD. Ali motivations for that infrastructure. CDDs are created for this exact purpose. All motivations for ignoring the funding mechanism already in place is not in the best interest of the CDD, especially if you say we are going to take the infrastructure. Chairperson Stamp: It is a little strange to hear you argue about the best interests of the CDD after dumping the preserves on them and saying that's consistent with your oath of office. If you want to argue Taylor Morrison needs the money that's fine, but don't come in here and say for the good of the CDD. You have been here to try to do everything you can to destroy or burden the CDD, so I don't accept that argument. I'm for putting it off for another month so we can talk about it, have a discussion to the extent we can talk through Jim and obtain information, but don't lecture us on being here for the good of the CDD. We know who you are here for. Mr. Drew Miller: Again, CDDs are created for that function. What we did—when you read the original ordinance that this COD was established by it was created for the purpose of building infrastructure. Chairperson Stamp: But not the preserves. Mr. Drew Miller: The preserves are the mitigation. I don't know that I see the difference there. I just think, and I would say, we put it in the original bond, it has been above board all the way through the process what the intention is (indecipherable 28:22)just recently confirmed that they agree the CDD is the ultimate perpetual maintenance. Chairperson Stamp: We will get to that in a minute. Let's just focus on what's in front of us. Mr. Winters: If, the developer does not get reimbursed for this infrastructure, and the infrastructure gets transferred to the CDD, is it possible to go forward with the assessment, segregate the assessment, so that you strip out the portion that is allocable to the bond repayment portion of the assessment, and just do the assessment as it relates to the maintenance of the infrastructure so that the CDD doesn't get burdened with just the maintenance. Mr. Ward: Yes. They are separate anyway as a matter of law, so the capital assessment stands on it's own and you, each year, when you adopt the budget, can levy an operating assessment that would include Hatcher because it is now within the boundaries of the COO. Mr. Winters: So, we can approve the operating assessment as part of the CDD function but disapprove the bond portion of the assessment. Mr. Ward: Yes. Mr. Ron Miller: (Indecipherable 30:05.) I wasn't able — I didn't have the information available (indecipherable), but I did take a look at this, (indecipherable). I did the math for perspective of what it costs resdents(indecip~erable). if the CDD were to (indecipherable) the CDD is not going 7IPage 16I1 Flow Way Community Development District November 19, 2020 (indecipherable) about $9 dollars, so it is a very, very inconsequential number. The bigger issue (indecipherable). Chairperson Stamp: We have a few people who want to speak. Various individuals began speaking smultaneously, the audience was muted to enable the Chairperson to gain control of the meeting. Mr. Ward: For those of you who are on audio with us today, you have the ability to "raise your hand" and ask to speak. I see M-. Boguslawski has his hand raised and would like to speak. Mr. Boguslawski: i will be very brief. i just wanted to give you some audio feedback. The table setting is apparently in a way where who I cannot here virtually at all is Ron Miller. Drew is hard to hear, Tom Kleck is hard to hear, but whatever you can do with the mic or whatever would help the audience. Thank you. Chairperson Stamp: My recommendation is there is more discussion to be had on this and more research to be done. Nothing is harmed by waiting another 30 days or whenever the next meeting is, approximately 30 days. Let's defer this. Mr. Winters: My only comment to that is, how can we make any progress in the next 30 days if we cannot talk to each other. Chairperson Stamp: If you have any questions, you will have to talk either to counsel, when we get a counsel, or to Jim and try to gain information. Yeah, it's going to be awkward. Mr. Winters: Can we have a meeting ahead of time? Chairperson Stamp: With notice. Mr. Ward: Yes, 7 days in the paper,sc I need 10 days to give notice. Mr. Winters: So, we can have another meeting. Chairperson Stamp: Right and we can also have another meeting after the next meeting because there is no magic — we can probably have it in early January. The point is, I don't want to run to the wrong decision when we don't have to make a decision at all today. Okay? Mr. Ward: So, this item will stand deferred. Chairperson Stamp: Deferred. Both of them. This Item was deferred until the next Board Meeting. SIXTH ORDER OF BUSINESS Consideration of Resolution 2021-3 Wage 16I1 Flow Way Community Development District November 19, 2020 Consideraiion of Resolution 2021-3, a Resolution of the Board of Supervisors of the Flow Way Community Development District setting a Public Hearing to be held on January 21, 2021 at 1:00 P.M. and held at a Location to be determined during this meeting, for the purpose of hearing public comment on Imposing Special Assessments on certain property within the District generally described as the Flow Way Community Development District in accordance with Chapters 170, 190 and 197, Florida Statutes This Item was deferred until the next Board Meeting. SEVENTH ORDER OF BUSINESS Staff Reports Staff Reports I. District Attorney Mr. Ward: I think i sent to you this morning the letter from Mr. Urbancic resigning as general counsel from the District effective immediately with the submittal of his resignation. As a Board with respect to your professional team, you have the ability to decide as you deem appropriate to retain any law firm that you would like to handle the general affairs and any other matters that you have for the District. Since I just got the letter late last night, I will let you all discuss how you would like to handle that at this point. Mr. Ron Miller: Do we need tc take any action on that? Mr. Ward: No. His resignation is effective as a matter of law as noted in his resignation letter. I just made it a part of the ..ecord,so you are fine. Chairperson Stamp: My suggestion would be that you authorize me to engage legal counsel. I can say that Martinn and I through the ETF have been working with counsel which we are very comfortable recommending assume this role, as well as be litigation counsel. We put $100,000 dollars in the budget for litigation and I would propose doing two agreements if you would give me that ability. Mr. Rcn Miller: So moved to authorized the Chairman to engage counsel. Mr. Ward: 1 think the Chairman was saying authorization to engage counsel immediately, whoever he desires that to be, and that would give me the authority to engage that professional as he deems appropriate. Mr. Kleck: Can we do the negotiation with an attorney as a group or as a meeting or separate outside? Wage 1611 Flow Way Community Development District November 19, 2020 Mr. Ward: No, you cannot do that at all. If you are going to negotiate with someone, I am the only one who can do t:hc outside of the context of the Sunshine Law. If you want to give your Chairman individually the authority to do that, that's fine, but he may talk to any of you about that process. That's what the motion just did. Mr. Ron Miller:(Indecipherable 38:10) we would rank the consultants(indecipherable). Mr. Winters: Is this motion going to authorize Zack Stamp to pursue action against Taylor Morrison or just to engage the attorney to represent the COD. Mr. Word: The motion was just to engage the attorney. The attorney can be for all matters as you choose it to be. It doesn't have to be limited to just general counsel. It can be counsel. We can separate that into whatever kind of counsel you want it to be, so if he engages counsel, or this District engages counsel, the form of it is not material. Mr. Winters: So, are we giving Supervisor Stamp the authority then to engage in whatever legal action he deems necessary or would that be a separate motion. Mr. Ward: That would be a separate action. Chairperson Stamp: If this motion passes, we would engage the counsel. They are here sitting in front of you as a matter of fact. Then we would hove a general discussion about how we would proceed on litigation, but I would not be comfortable, and i do not think you should be comfortable with me going out and authorizing litigation. i think the appropriate thing would be for me to come back at the next meeting ideally with a draft complaint and a memorandum supporting that litigation and let the Board vote on going forward. I am not asking for and do not want the authority. Now, if i continue in this role, I may ask for authority at some point on motions and that kind of thing, but not this step. Mr. Kleck: Could we have some discussion about doing a financial audit? Chairperson Stamp: We will get to that. On MOTION made by Mr. Ron Miller, seconded by Mr.Tom Kleck, and with 4 in favor and 1 against, Mr. Zack Stamp was given the authority to engage legal counsel. Mr.Andrew Miller votes against the motion. Chairperson Stamp: The firm that the CDD is going to engage through Mr. Ward is the Woods Law Firm (Woods, Weidenmiller, Michetti, & Rudnick) which the ETF engaged, and Greg Woods is the principle partner, sitting in front of you. I will ask him to say a little bit about his firm and introduce one of his staff attorneys. Mr. Greg Woods: Greg Woods of Woods, Weidenmiller, Michetti& Rudnick. I have been in Naples 20 years. My firm has top 14 top lawyers. I do all kinds of complex commercial litigation and outside trial counsel for Collier County for the last 10 years, so I have familiarity with a lot of governmental, 10IPage I 6 1 1 Flow Way Community Development District November 19, 2020 environmental, and other issues. With me today is my qualified associate Jesse Tolin who works with me on county matters. Mr. Ron Miller: (indecipherable 42:36) counsel would come back to you or us with a complaint (indecipherable). In order to get that process(indecipherable 43:41). Chairperson Stamp: I don't think so. Mr. Ward: No. Chairperson Stamp: Just for the record, what I envision here is for them to review the situation and the law. They have done a lot of this work with ETF(Esplanade Transition Fund)already. And to see what remedies we have with Taylor Morrison, possibly Tim Hall, and almost certainly the Taylor Morrison Director of the Board and President. Those would be the three things, there might be four or five, but I car: report through Jim if we have preliminary draft or something to be shared and can take it from there. i think I have all the authority I need. II. District Engineer No report. III. District Manager a) Financial Statements ending October 31,2020(Unaudited) Mr.Ward welcomed Chairpersoi Stamp. He indicated he had no report. EIGHTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments I. Review of third-party consultants II. AiAhorize communication of any changes to affected third parties III. Discussion of HOA maintenance Agreements IV. Discussion of Future Funding of preserve mitigation and maintenance V. Request of full accounting of preserve mitigation and maintenance expenses through Fiscal Year 2020 VI. Authorization of communication with Esplanade residents regarding the current resident Board of Supervisors for the Flow Way Community Development District VII. Discussion regarding change of venue for future Board meetings Mr. Ron Miller: I have a couple of things. I'd like to make a motion to remove Drew Miller's authority in any capacity. Chairperson Stamp: Obviously, he can always represent himself as a Board Member, but he has no authority. 11 I Pae 1611 Flow Way Community Development District November 19, 2020 On MOTION made by Mr. Ron Miller, seconded by Mr. Martinn Winters, and with 4 in favor and 1 opposed, Mr. Drew Miller was stripped of his CDD Board Member authority. Mr. Drew Miller voted against the motion. Mr. Ron Miller: The next thing i would like to do is make a motion to terminate Tim Hall and his firm and part of that motion would be to discontinue all activities/services related to the District. Mr. Winters:Second. Mr. Drew Miller: What is this exactly is all activities/services. Chairperson Stamp: 'c answer for Ron. I think we don't know and that's part of the problem. Mr. Drew Miller:the Con,-act is for monitoring of the preserves only. Mr. Ward: Monitoring of the preserves and it would not permit him to make any representations on behalf of the CDD. Mr. Tom Kieck: Are there other companies that do this or is this something we can do without? Mr. Ward: With as many preserves the answer is no, you cannot do without it, and yes there are other firms that do this work. Discussion ensued regarding finding a new company to monitor the preserves and discussing this at a future meeting. On MOTION made by Mr. Ron Miller, seconded by Mr. Martinn Winters, and with 4 in favor and 1 opposed,Tim Hall and his firm was terminated. Mr. Ron Miller: I've got one more. This is not a motion, but a good idea, just to belay any possible apprehension about the Manager. Mr. Ward has done an incredible job of being fair and impartial in his counsel to the District Board. Discussion ensued regarding Mr. Ward and his good work. Chairperson Stamp: Okay, notifying the third parties, we've got on here as authorize communication changes to third parties. Obviously, South Florida Water Management District, South Florida, and I will come to that more specifically, the Corp, other groups, that there has been a change in the Board, that we are no longer a Taylor Morrison Board, but a resident Board, and they need to be notified. Any permits, anything in process, on hold. Does anybody know of anything out there pending? I would take a blanket motion to have!im authorized to let anybody know. Mr. Winters: I don't think we have a full accounting of Tim Hall's activities, so we don't really know what all permits Tim Hall has been up to or trying to modify. 12IPage 16I1 Flow Way Community Development District November 19, 2020 Mr. Ward: I'm only awc•e of South Florida and the Corp of Engineer's, but we can verify that as we move forward. There can't b_ any more than that anyway, but I will verify with Tim. I will work with your attorney on the notification and get that ready for you all. Chairperson Stamp: Which brings me to the status of the South Florida Water Management. Can you tell us what has happened there and what you propose to do going forward? Mr. Greg Woods: The South Florida Water Management District has issued a notice of action letter. The time to appeal that letter is November 24. The notice to appeal is a fairly simple process, so if the Board wants to contest that latest action approving the permit transferring to the CDD you need to do that prior to Tuesday. If you want to authorize us to get to work on that notice. Mr. Ward: That would require Board authorization. Chairperson Stamp: There are two things, right? There is the appeal and then there is just to notify them, well, as co-app permittee we want to withdraw. Mr. Woods: That is tr:..e. If you wanted to do just a notice letter. I would probably do a quick (indecipherable 52:00). Chairperson Stamp: I just want to make it clear we are talking about two separate actions here in the same motion unless someone wants to divide the motion. I assume everybody is going to vote yes or no on the motions combined, but if somebody wants to split the motion that's something they are entitled to. So, I move that our counsel engage to one,file an appeal, and two, to notify the Water Management District that as a co-pe-mittee we object to the issuance of the permit and do not comply with it and withdraw it. Mr. Ron Miller: I'm all in favor, but have the(indecipherable 52:47) Chairperson Stamp: Yes, we do. Mr. Ron Miller: Then,second. On MOTION made by Mr. Zack Stamp, seconded by Mr. Ron Miller, and with 4 in favor and 1 opposed,counsel was engaged to one,file an appeal, and two, to notify the Water Management District that as a co-permittee the CDD objects to the issuance of :he permit and do not comply with it and withdraw it. Mr. Drew MHer voted against the motion- Chairperson Stamp: The HOA maintenance agreement. There has been some discussion about whether we should get out of that, stay in that, what we should do with that. Here again I am going to suggest that we have a general discussion, but defer it until December and let legal counsel weigh in on what exactly they think we should be doing on that or we can thump it today, but that's going to be my recommendation. Thoughts? 13IPae 16I1 Flow Way Community L _,elopment . ict November 19, 2020 Mr. Ron Miller: I essentially agree with you, but that contract, this contract item (Indecipherable 54:35). The other comment i would throw out there is that, I think it would make sense if we wanted to have this discussion to invite Cave 3oguslawsk;to our CDD Meeting,so we can get some HOA perspective on this. Chairperson Stamp: And probably the HOA counsel as well. Mr. Ron Miller: Yes, so are not acting unilaterally. Chairperson Stamp: Ok-;, so the consensus is we defer. I know there had been some discussion a couple of months agc about wat we ought to do with the funding of the preserves. Anybody have any thoughts on that? Mr. Winters: I think we should put the third parties on notice that the way this new Board sees the funding of the maintenance of the preserves as an open question and that we would like these third parties, namely the Army Corp of Engineers, Fish and Wildlife, South Florida Water Management District to be partners with us in coming up with a resolution for this because the future funding of it is in jeopardy, that we don't discontinue funding immediately, but we do have a conversation about what is the limit of our willing less to continue to fund the maintenance and the mitigation of the external preserves. Chairperson Stamp: Do °'a need a motion on that? Mr. Ward: No. The or`y thing / will tell you, the maintenance contracts we have with that vendor I believe the work starts again next summer. May or June sticks in my head, so there is no money being spent on that existing vendor until May of next year, so we will have to come up with a solution since we just got rid of Mr. Hall, have to come up with a solution for that piece of it by then if we are going to continue to engage that vendor or terminate that contract before that date, but I will look at that further in the next month or two. Mr. Winters: I guess the question is, who is authorized to speak to these third parties and what is the form and format of thoss conversations? Mr. Ward: If you wouic ike to give that authority to myself and your attorney, we would both have the authority to do that. Mr. Winters: Would a Board Member be allowed to have those conversations? Mr. Ward: If you appoint him as a full Board, he becomes a committee of one, so no, but as the Chair he could help with that process with your attorney and myself, or the Vice Chair could do that. But as an appointed person to do something, that constitutes a committee in my world. Mr. Winters: So, what is the best way to advance the conversation with these third-party permit holders. Mr.Ward: I think we have the authorization already to do that. I think you are on solid ground. Chairperson Stamp: And I can be around in my position. Mr.Ward: Correct. 14 I Page � 6 I 1 Flow Way Community Development District November 19, 2020 Mr.Winters: Do we need a motion for that? Mr. Ward: No. Chairperson Stamp: Accounting firm has come up a couple of times today and has come up previously in the community: where people want to know if we are going to get some sort of accounting. Whats has actually been spent by the CDD on maintenance going back to the owners of the CDD. Martin you seem to have a better handle -In this. Mr. Winters: Well, I'm recommending that we do a gall forensic accounting of all the expenses that have been paid by the CCD for mitigation and maintenance going back to fiscal 2014. I noticed that in the forward funding there was $258,000 dollars taken in mitigation expense in 2015 simultaneous with the transfer cf the external preserves to the CDD, so it appears that the CDD through a bond fund reimbursed Taylor Morrison for its mitigation expense. I would like all the direct operating expenses to be captured historically and put on the letterhead of our accounting firm certifying how much retroactively and through the current fiscal year has been spent for external preserve mitigation and maintenance expense including the expenses paid through bond funds. I would also like a legal opinion as to whether or not it is appropriate for bond funding to pay for external preserve mitigation maintenance expense since it ha; nothing to do with internal waterways, infrastructure, the development itself. Mr. Ron Miller: 1 have an additionci cc-rment. When investigating(Indecipherable 1:00:10.) Chairperson Stamp: Is it in my authority to appoint Martinn to be the lead person on that? Mr. Ward: You cannot npoint anyoody to do anything as a Board Member. You could ask him to do that. Chairperson Stamp: Mcr?inn will you? Mr. Winters: 1 would be happy to. Mr. Ron Miller: 1 wish I would have thought of this earlier, but I didn't. I would like accounting to look at unfunded liabilities and I'm going to talk a bit here and draw an analogy from my own personal experience. (Indecipherable 1:02:19.) Mr. Ron Miller discussed Taylor Morrison, unfunded liabilities, and the external preserves as an unfunded liability. Mr. Ward: I can ask. Chairperson Stamp: The lakes and littorals, I thought we should have a conversation about. Again, Martinn you seem to have spent a lot of time on that. Mr. Martinn Winters: We have some outstanding performance bonds; Taylor Morrison has outstanding performance bonds on the lakes and littorals. There are also some outstanding performance bonds until mitigation is reached on the external preserves. The developer Taylor Morrison is currently involved in trying to bring the lakes and littorals up to a proper standard so they can get those performance bonds released. The HOA is looking at it from their side. !think we should look at it from our side because the 15IRae 16I1 Flow Way Community Development District November 19, 2020 CDD is going to be the recipient of these lakes and littorals once those performance bonds are released. They are going to try to .`ransfer those assets over to the CDD. I think we should hire an engineer to work in tandem with Collier County before those performance bonds are released and do a full evaluation of the lakes and waterways to make sure they are up to proper standards before Taylor Morrison tries to transfer those assets over to the CDD. Mr. Tom Kleck: I agree with that. My previous experience as a CDD member was that the littorals in particular need a chance to grow if they will grow. We had spent thousands of dollars in Vasari on the lake banks, and they diin't survive #1, and all the money that we spent was for naught. I guess, how long do we have to mak? it right if someone says it's okay, how much time is out there before we have to give them the money so to speak? Are there any guarantees? Mr. Ward: Let's separate the issues. With respect to the performance bonds, those are between Taylor Morrison and Collier County. We have no input into that process. Well, you have input into that process all you want, but the county will do what it does. if you want to get the separate inspections by an engineer that Mr. Winters had raised, that certainly is a possibility. As far as the ownership of those things, the District has paid for and does already own that drainage system, the littorals, the lake banks, those things. The underlying fee title to the land, however, i believe most of it is still in the name of Taylor Morrison with an easement over top of it which grants the District the right to operate and maintain its drainage system, so your drainage system. If that clears it up for you any. Chairperson Stamp: Can they turn over part of the water system? it seems like if you have an integrated water system, it seems lice giving like ialf a bathtub. Mr. Ward: The count;' permits are different. I am unfamiliar with the performance bonds Taylor Morrison has, or any de.'elopment has, with the county. It is not my forte. With respect to your drainage permits. Generally, the regulatory agencies will let you turn those permits over at certain stages. It may or may not be completed at 100%at that time. Whoever it is going to turn it over to, that agency has to accept the operation and maintenance responsibility and that's where the rubber meets the road so to speak. If those permits are still in the developer's name, or somebody else's name for that matter, before that could come to the CDD you ail would have to sign off on that. Mr. Winters: If Taylor Morrison decides to deed these underlying assets over to the CDD, does the CDD have to receive them? Are we required to accept them? Mr. Ward: It doesn't matter. You have an easement over them for operations and maintenance, so if you own the underlying title it makes no difference to you, but you don't have to take it because you already have an easement. From our perspective, it doesn't matter. You already have the rights to do whatever you want to ao. They are going to want to obviously get that property out of their name at some point to some agency. It needs a home. At some point, that land needs a home to go to. Chairperson Stamp: Will you look into this a little more? Mr.Winters: I will be happy to. Mr. Ward: I'm around al,'weekend if you need me. 16IPagre 161 1 Flow Way :ommunity Development District November 19, 2020 Chairperson Stamp: Ne;;t, communications to Esplanade. If you will let them know that there is a "new sheriff in town" and things are going to be different and to kind of give them an update on what's happening today. Let'stalk about what we want tc do, what we can do. I know what we can't do. We can't all sit down and write a newsletter together because that violates Sunshine, but I'm not sure what we can do. Mr. Winters: Can we send an email blast out to the homeowners about the meeting, what was discussed, the minutes of the meeting? Mr. Ward: Let's talk about that. What's important to recognize is if you as an individual place your email with a governmental agency it is in fact a governmental record and disclosable if I'm asked for that, so I do not keep, other than all of you who may have given me your email addresses, I don't keep email addresses of your entire community and/would have actually no way to do that if you said for me to do that. The only way for me to get information to your community if I don't have access to that is by direct mail. Direct mail being prepare a newsletter the old-fashioned way and mail it out to everybody. Or by sending it to the homeowner's association and asking them to email blast it out to everybody. Discussion ensued regarding posting information or. the HOA website, communication being important, Taylor Morrison refusing to allow communications, and submitting a synopsis of the meeting to the advisory committee. Chairperson Stamp: Tom, you mentioned this earlier, to replace Tim Hall. I know there is a process to do that in Statute which ties into what you said about ranking people specifically. The two questions are, do we want to do it and if so, what parameters do we have to do? Mr. Ward: There are a number of statutes that you are required to abide by obviously. Under Chapter 190 there is no requirement for that. Chapter 287 is what we call the Consultants Competitive Negotiation Act. That controls the process to retain civil engineers, or any kind of an engineering firm, auditors, that kind of a thing and the auditors actually have their own statute for that, but an environmental consultar doesn't fall under that statute because he is not acting as an engineer. He is acting as a different person. I don't fall under that statute. The attorney doesn't fall under that statute. Those kinds of things, so you can simply identify firms that do that work and i could get proposals from them, or do that on my own in concert with Greg and who might be able to do that, and bring those back to you, but for that particular service there is no specific statute that we need to follow. Especially if we limit it to j ust preserve consulting, and not engineering. Mr.Tom Kleck: Can we set up contracts with vendors with a 30-day cancellation? Mr. Ward: We do that al.r the time. Mr. Martinn Winters: What's the process for identifying environmental engineers, getting quotes from them, vetting them, etc. Mr. Greg Woods: One of you could do that or you can ask Jim or I or both of us to put together a list. Mr.Ward: Yeah, we can do that. 17 IPage 1611 Flow Way Community Development District November 19, 2020 Mr. Winters: To me, it's also an open ended question about do we need approval for somebody to interview engineers to look at the lakes and the waterways, in addition to somebody who is going to do preserve maintenance. i would be happy to volunteer to that if you ask me to do that. I've already had some conversations and preliminary interviews with engineers. i know the HOA has gotten an RFP. The Advisory Committee to the HOA has gotten proposals back from an engineering firm to do both the infrastructure and the lakes and littorals. They are going to segregate those two contracts. We could interview that same engineering firm to do the lakes and littorals under our purview and then also I've had some conversations with some engineers about doing the ongoing maintenance for the external preserves. I would be happy to continue in that role if the Board wants me to. Mr. Ward: I think that's fine to do that. That way— Mr. Tom Kleck: The one other thing I think I would request is if we have a vendor who we are focusing one, that we bring the .'endor in and let him pitch the Board so to speak. That way we can ask them questions if we've got them. Mr. Ward: Why don't you let us identify them, and identify a scope and a fee structure, and then we can take it to the next step when we get to that point and you can interview them or not as the case may be. You may not need to. We may not have a lot of people who want to do that. We will work with Martin on identifying that. He seems to have done a lot of work in that-egard already. No need to retry that whole issue. We will get with you and do that. Mr. Ron Miller: I think I heard Jim earlier say that we do have some time. That there really isn't any need to work with this(/'F`.`ii summer. Mr. Ward: Correct. ''VVeli, early summer, May. Mr. Kleck: we wouldn't be behind the eight ball, but the littorals that could be more urgent than the preserves. Mr. Ward: That is a little more urgent, and that's a civil engineer, but the Statute does give us the authority to spend, I thi,`;i;, up to$20,000 or$25,000 without going through the request for qualification process wi;ich it should r early not cost that much money to do that. Mr. Martian Winters: I would like to have someone identified and brought before the Board at the next meeting,just to make a decision on them. Mr. Ward: Why don't ;you get with us. The next meeting is a little short to do that because it is only basically a two-week time schedule to get that all in and on the agenda for December, so it might be January. 1 really don't see falling to January being a major problem, but we will work on that with you. Chairperson Stamp: On my list of things, is the change of venue. Obviously, we are not going back to Urbancic's firm. Woods'firm is available. They've got a conference room. I would like to eventually go back to the development, but I think that's not going to happen until Taylor Morrison is out of there. I understand when we tried to have a meeting there before they were totally uncooperative in scheduling and facilities and everything else. Discussion ensued regarding a venue to hold future meetings. 18IPage 1 6 I 1 Flow Way Community Development District November 19, 2020 Mr.Woods: Our offices are at the Air, ort Vanderbilt in the galleria area. Chairperson Stamp: i talked with Jim about this a little bit. I think I speak for everybody. 1 don't know where exactly our boundaries are. I've never been the preserves. I know we don't have access to the preserves even though we are supposed to have equestrian events out there according to the newsletter. I was thinking you could set up some kind of a tour and have us go one at a time with somebody and drive around and see. I wsuld like to see what's— Discussion ensued regar: sag the possi ility of meeting as a group to drive through the preserves. Mr. Ward: That constitutes a meeting, so it has to be noticed, you have to advertise it, it has to be transcribed, and the whole kit and caboodle. So, one at a time please. Mr. Drew Miller: Just for the record, this Board said you cannot access it. Chairperson Stamp: This Board has changed dramatically in case you haven't noticed, but I think there are some permits that prohibit us from going out there. Discussion ensued regarding which Board Members did and did not want to visit the preserves. Chairperson Stamp: The is all i had. Does anyone have any other items they wanted to cover? Mr. Ron Miller: Have we approved/reviewed the contract with US Fish and SW Florida? Chairperson Stamp: /think we implicitly did. Mr. Ward: You have given the authority to staff to proceed to do that. We can clearly, as your staff, talk to the Chair as we deem appropriate. He noted Chairperson Stamp had the authority to work with SW Florida. Mr. Charles Cook: 1 h.. spoken with some of you before. I'm with Taylor Morrison and helping to transition various point_ ;:articulariy with the Flow Way CDD and with the regulatory agencies. if you need a point of contact, if I can be of help, I am happy to make myself available. I am local, unlike Drew who is in Tampa. Mr. Ward attempted to unmute the audience to allow for audience comments; however, this was not possible due to various audience members speaking in the background and creating too much background noise to hear individual speakers. Mr. Boguslawski "raised his hand" to request to speak. Mr. Ward unmuted Mr. oguslawski indi iidually. Mr. Dave Boguslawski: I just wanted to mention two things. First of all, I do like the discussion on the communications. I think this is where you landed, but I just wanted to confirm. I'll make it as a statement as opposed to a question. i think if you work from the CDD's side, developing product to communicate, we can help with the distribution thereof, with or without Taylor Morrison's support. Second thing, I think Martinn asked the questions I was going to ask regarding the engineering study. As I understand it, that is being left in a way where Martinn is going to do some work, come back to the group in the December meeting, and it will be up to the Board to decide whether to go ahead and hire 19IPage 16I1 Flow Way Community Cevelopment District November 19, 2020 somebody with whate imit there is i guess Jim as you were noting. I think it's been left in a good place. I just wanted tc firm that that's where things are. Mr. Ward: That is confirmed other than it may take until January just because we only have two weeks between now and the next meeting for me to produce an agenda. We will do the best—it is not urgent, especially on the preserves. The civil engineering may be a little different. Mr. Boguslawski: Thank you, and/ashy, ;wanted tc compliment the Board members. I thought this was a very good Board Mee'crg. Mr. Ward: That is the only audience member I see who has raised his or her hand. Chairperson Stamp: One other thing i did think of and this is just for clarification, some of us talked again, when we could talk, about advisory commitrees, or putting together a group of CPA accountants or some of the environmental engineering people to assist the various Board Members in doing something. You had some guidelines. i thought you said don't call them a committee, don't call them a subcommittee, I don't know what the magic word is here, if you have directions on how to do that. Mr. Ward: What I essentially indicated. the Sunshine law covers the Board, it does not include me or the attorney. if you appoint either one of us, or both of us to a committee, then that law applies to us at the same time, so we never want to be a committee. As a Board Member you may go do whatever it is you want to do. If you appoint, as a Board, individuals outside of the five of you to go do something, those people constitute a legal committee. They are then subject to the Sunshine law. They have to notice their meetings. They have to take minutes. They cannot talk to each other. They can't do anything—the same requirements that you all have sitting here today. What I suggest is if somebody wants to go do something, go do it. If you have a group of residents that wants to go do something, they can go do what they want and bring things back to you, give it to Greg or I and we can vet it for you before it ever gets to you. Whatever you want to do. But when you formally move to appoint people to whatever committee you want it to be it then becomes subject to the public records law, the Sunshine law, communications laws, a:I of those laws that you all have to abide by. Mr. Tim Hall: How is it that Tim Hall was able to not do that when he was engaged by Taylor Morrison to represent the District Mr. Ward: You appointed Drew individually to do that. What he did beyond that, which was as Taylor Morrison, engaged Turre;l and Associates, to do that work. That's totally outside of our purview. Tim wasn't appointed to a committee. Drew wasn't a committee. He was just appointed as an individual to do something. Mr. Winters: So, if I have a resident of Esplanade who volunteers to assist in interviewing engineers on an ad hoc basis, does tha fall under any Sunshine laws? Mr. Ward: No. You can do whatever you want. Chairperson Stamp: Any comments or questions? if not, I need a motion to adjourn. NINTH ORDER OF BUSINESS Adjournment 20IPage 16I1 Flow Way Community Development District November 19, 2020 Mr.Ward adjourned the meeting at approximately 2:30 p.m. On MOTION made by Mr. Zack Stamp, seconded by Mr. Tom Kleck, and with all in favor,the Meeting was adjourned. ATTEST: Flow Way Community Development District James .Ward,Secretary Zack Stamp, Chairper 21 I ? age 16I 1 MINUTES OF MEETING FLOW WAY COMV'LAITY DEVELOPMENT DISTRICT The Regul:: Meeting. ,f ::Ie Board of D:rectors of t.`{e Flow Way Community Development District was held on ,rsday, Dl Member 17, 2020 at 1:00 P.M. the conference room of the offices of Woods, Weidenmi"er, Mich ` i, & Rudnick, 9045 Strada Ste':'Court,4th floor, Naples, Florida 34109. Present and ssituting a quorum: Zak Stamp Chairperson Rc., Miller Vice Chairperson Tc .i Kleck Assistant Secretary Andrew Mill,:- Assistant Secretary IV: tirn Wir Assistant Secretary Ai> presen Ja les P. WE _: District Manager Gi _g Woods District Counsel Je.pica Tolin Ai,dience: CI-arles Coo: Ec Staley Joe Reis Torn Conricose Di:7.ne Ford Al- resident's names were not included with the minutes. If a resident did not identify th€mselves or ' _a audio file did not pick up the name, the name was not recorded in these m utes. PORTIONS OF THIS EETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted and all Members of the Board were present constituting a quorum. He noted new technology was being utilized. He asked speakers to clearly identify themselves prior to speaking and to refrain from talking over others. SECOND ORDER OF BUSINESS Public Comments for NON-Agenda items 11Page 16I1 Flow Way :ommuni : eiopmert .-ict December 17, 2020 Individual., are perr : to speak 7,, items on the Agenda durir;that item F:-ci will be announced by the Chair. rson;co - its limited '._:three minutes Chairpers Stamp 7.. - .ted there v:.,'J!d be a time for public comments at the end of the meeting; however, would .7 to recur e speaker:, brief comr ents during regular Agenda Items. District V lager Jirr a ked f = were any members of the public/audience present who had a question ,::r the Boa.,.; there were ,one. He indicated he saw no individuals participating via telephone THIRD OVER OF BU' ' Cal _''deration of'.tinutes October F',2020 Rer°.°' Meeting M'' tires Chairpers , Stamp aski'd if there were any additions or corrections to the Minutes; hearing none, he called for motion t a -ove the Nc' ember 19. 2C20 Regular Meeting Minutes as presented.rOn '^N made ':y Mr. Tom Kleck, seconded by Mr. Martinn Win' :nd with a'",furor,the r!ovember 19,2020 Regular Meeting Min-,,._ ere ap„r'- --:d. FOURTH r. `.DER OF :SS Consideration of Resolution 2021-2 Considers on of F .:tion 2021-.i a Resolui:io 1 of the Boa:d of Supervisors of the Flow Way Communi Develo District De:; ,ring Speca Assessments; Indicating the Location, Nature and estimates: :ost of th nprovements which cost is to be defrayed in whole or in part by the Special Assessme ts; Providing the portion of the estimated cost of the improvements to be defrayed in whole or part by t''c =,aecial Assessments; Providing the manner in which such Special Assessments shall be r de; Prov- ' when such Special Assessments shall be made; Designating lands upon which the Speci Assessr shall be levied; Providing for an assessment plat; Adopting a preliminary assessme roll; Pr •g for a Public Clearing ::o consider the advisability and propriety of said Assessme `5 and th s `ed improvements; Providing for Notice of said Public Hearing; Providing for publicat � —:his Re: .:on Chairpersoi Stamp asked if there were a motion for Resolution 2021-2. Mr. Drew Miller moved to approve R:-solution 202 1_ 2;there was -10 second. Mr. Ron Miller: Spe for myself, 7a✓e no lute- `ion of ever approving this Resolution until such time as Taylor i +orrison s..- 'o to the plate and do thei,legal and moral obligation regarding the preserves. Having sa that, I wcU ice to comment on the legal and moral aspects of this. The Board has no legal obligation :o approve tf h_,. Is there any disagreement? Mr. Andrew Miller: This is a good question. We should ask and know the answer to prior to making a decision because not c- ,y did the Board decide to accept the property into the CDD — I'm definitely interested in understar .ing what the implications are to the CDD with the potential for negative 2IPage 16 I 1 Flow Way ..ommunity C "elopmeni ;ir ct December 17,2020 outcomes Ire if we :'c `'follow t, : c,h with the rest of what may be an obligation. If we don't understan: that, I do 7'` ::nk we are ,c t ing a decision with all knowledge. Mr. Ron A 7.rer: I wi' r the sc.,, pent as tefore. I don't think the Board has a legal obligation to apprcv• Mr. Greg 'oods: I _e_ .a take thi. ,`r advisen-,ent. i would he happy to give the Board my opinion after I take a good h .c, •ak at it. Mr. Ron N. 'ler: The aspect c,� the moral aspect. I th k we should reflect back on the entire history of.=splanade iromen . J:en Taylor %'orrison startcd this development, they put together a CDD anc the CDD -or and an existing number of units and a plan. As a part of that plan the CJ D was ti f ..:er of in:- J, ture and has done so. The CDD concept is well known in the State of F. rida. At 'a r point i;7 ': T ylor Morison came in and added the Dillillo property. At the time, they still had c 'i member!rc of control, and they expanded the CDD boundaries and passed the fundi- 7 so the c id take cd :"tage o; t, -:t. The residents have had a nonresident Board throughoc . Taylor son took ac' cage of t-± opportunity a-nd i would say they had the legal right to take ad '-ntage o h )pportunity don't think.i Bey had the moral right, but they had the legal right. Now we c •me up tc lc catcher pro: • : which is similar, but a different situation, because we have a non-Taylo. Board r , . sntation, z:. -c.ylor Morrison has once again added more property to the developrr ;t. I belie property as been approved by-Collier County, so those houses are going to be built, he ques n canes in w . respect to `he CDD and the CDD has previously expanded its boundarie to induce t property :,,.- so forth +A ith funding. don't think the CDD Board Members have any coral dut c any moral sc;:se of obligo•.on to cooperate with Taylor Morrison whatsoever. This is all bout Ta; ':i -orrison. it is not about ,:he residents or about our community. It's actually adding mc.-e people 7 resident's ''nenities. What it amounts to - think about the big picture - is that Taylc Morrison this is just `usiness, Taylor Morrison is going to charge the market price they can get fc those he • with or witi-c ut this funding. They will charge every dollar that they can, so if this funding comes r this is situp 1, going to gc to Taylor Morrison's bottom line. It's as simple as that. Tay". Morrisc:- i canting us tc c:-ce again be their bottom line play toy in giving them$1 million dollars a: bringing tr into our community and at the same time they simultaneously they are disgracefc y dishonorin their permits and the funding of the preserves. The final aspect from a moral perspectiv:, stand in 'h, -hoes of the :'4 people who are eventually going to buy those homes. Are they harmed? don't thi They've been helped because they are going to pay the market price with or without t s funding a they are Going to step :nto a situation where they do not have the CDD payment. They are got ; to be in a r:_tter position than all of us, the rest of the residents, so we would actually be doing them c , avor and not harming them whatsoever. I just wanted to share those thoughts with the ard. Mr. Drew hiller: Greg, -ould you please give us the context to what we would be able to vote as a CDD Board Mennber? Obvio -'y, there are personal agendas here as well and I just want to understand, not only do we have a leg4 cligation, b, as a sitting Board Member, what is the decision that we have to make as a Board Merit; not necessarily as a resident? Chairpersc 1 Stamp: , you mentioned at the last meeting that there was an agreement between Taylor Mc -ison and )D on this property. Jim, do we have a copy of that agreement? 3jPage 16 I 1 Flow Way :ommuni'.r C r-opment ._ : ict December 17, 2020 Mr. Ward 'could n. ? the G s records th it there is a specific agreement between the District and Taylo r4orriso. x the p This property was contemplated to be annexed within the constraint of the Is i cs of bons,. t-at were done. There are provisions in those bond documents essential} ndicatinb if. when tf,: :',s annex d to the District, it was contemplated they would be subject ;ssessme t be District ert through 'hat legal prc less that Ron just asked the question about of;, ether or •ct = Board h: s `': legal obi:ption to do t' Chairperson Stamp: Bu re CDD Bo.; ;.', then controlled by Taylor Morrison, did not enter into any kind of an agreement wit Mon . : •ing if you. this, we »i, _o that? Mr. Ward, ;could not f, ;ay sees;;:` eeme.nt t that. Discussior ::ontinue r -ding CDC Taylor t orrison not a itering into an agreement regarding annexing e Hatche p y. Mr. Drew •liller: My cc :ern, or cc. .. . _ ., is not necessarily a wri•:en agreement, but what we've asked Greg to is K at through, :s bond sgi_ s,-id through ?,ringing them into the CDD, if there was any kind of legal action that we r• ght be ope-,ng ourselves up to, because I do believe there is an implicit agreemen that wh-r. brougr' r -- as a G_:D Board Met ber who voted to bring it in, I would have expe ted, the folic •ing thing t;; open weulc'be to levy assessments and follow through with the original in ant of the bo sale. Chairpers: • Stamp: M :ther quest':• : :s, you also mplied with, because Martinn and I have taken an Oath of C. Ice. I dor - where it says in there ,ave to vote for Taylor Morrison's resolutions. Mr. Greg rods: If no ag _ ✓ou oc ?: re to vote f; it. Chairpersc Stamp: -_ • =rre is sti;i r :ssond, /will move on to Resolution 2021-3. FIFTH Ott R OF BUSIN :>S Consideration of Resolution 2021-3 Consider;; an of Resc .;:;on 2021 a Resolution of the Board of Supervisors of the Flow Way Community Developme .t District setting a Public Hearing to be held on January 21, 2021 at 1:00 P.M. and held at a Locatior to be determined during this meeting, for the purpose of hearing public comment :n Impos ,vial Assessments on certain property within the District generally described as the Flaw Way Cot, ':iity Devel•,oment District in accordance with Chapters 170, 190 and 197, Florida St :utes Mr. Ward xplained :Res . .,pion 202: :..u;d not be considered as lesolution 2021-2 was not approved. SIXTH OR-_ =R OF BUSIN Staff Reports Staff Repo -ts I. Distrir:' Attorney-' haods,Weide miller, Michetti,&Rudnick Wage 16 I 1 -• Flow Way .ommuni iopment _ ::tic: December 17, 2020 Mr. V. •ods: WE `r e petitio, th the Sout Florida Wate Management District per the Board's instru -ions. Th - we were : er;y 5road, sa we went bac and narrowed it to the specific things that v rre mod, : Taylor ;Or in tee it ct 9 months c' so, so we have now filed a modified petitk - with th 5: Florida :ter Managetnent District, it is my personal opinion, I think we have :hot with 77rath Flcric. Water Manaement Distri'. . but we are kind of late to the game. thinl: our strov e csition is ;. _batty with cue Army Cori of Engineers, but I think we have a decen shot with th icuth Florin. :,Voter Management District. With regard to the draft complaint again., Taylor l 7 7, you wit' to char the -'OA is listed c.s a defendant. The HOA is a nominal defenc ant. The a just in there because they currently own some of the internal preserves and lakes id s'nce ei : hts can be ,angentially affected, they have to be listed. The CDD is not suing the HC-A. If an( w litigation .-arnmences, `s important that you watch your communications with 2. Email tc are pote a!!y discover,._-ble, so be ccgnizant of that fact. We are a public body, .:a that kir °ormation Lecomes pote:-jolly available to the public. Chair,, :rson Sta, p: einyone ha:; ;uestions, w will come bacL:to this during Old Business. II. Distric Enginee Chair,. .,se:1 Sta ed Mr. W :o explain v '6,,this Item U•is included in the Agenda. Mr. V rd: In a . . _ense, the and has thre_•consultants, ie attorney, engineer and myself as District Manage C erally spec::-gig, these ite.-fs are on the Agenda if we have a matter that needs to apk=ar before yo that will be c-ctioned on, or alternatively we know is going to be a pending actin- the near-fc re. Often tr Engineer doesn't have anything to report, especially in a District that c esn't hay ;r in operal cs. I rarely an anything uncer my report because I make sure it gets the Age; ::7 an item.. - an:y tirre I Al say somet :•gig to you under my report is if it ends up on radar bet ce.n the time cf publication of the Agenda and the Board meeting date. So, unless ask the Eng, -er to be he or we have once sort of re port, we generally do not have an Engin. =r with us, III. Distric Manage — Vard&Associates, LLC a) Fine vial Staten-- s ending vember 30,2020(Unaudited) Mr. lard: Ida ke . ;your finan_ :is on the Agenda on a monthly basis in case you have any que fans. In t ie erim, you a s always welcome to ask me questions on financials outside of an ope .cublic boara ::eeting. I have nothing for you today. Cha 9erson S m The front r . e of the CD.: web page is rothing more than an advertisement for ylor Mot .cc- That's bee . taken down. In preparing for this meeting and interacting with cone Junity memL e-s it would be handy if we could develop some quick links of some kind on the from.page where „u could just co on and clicz the Agenda, the minutes of the last meeting, or now the litigat'on. Those are tile things people are wading through the 190 or so pages and hav;-g trouble fin 7g. Mr. card: We wr ry to work rough the te::'7nical and financial impacts of that to get it on the we;_4te as you we it put thee:: 5IPage 16I1 Flow Way ..r-muni --'opment L..,:n,_ December 17, 2020 SEVENTH 3DER OF _,. !'JESS Oic :easiness I. Agree :ent witl- Homeov. -er's Associa':)an and Distract II. Discu:. 'on of FL .voiding of 7, 23erve Mitiga. on and Mai: tenance III.Discus 'on of AL it ?reserves cnditures Chairp_rson Sto c. r'e have a :' some discussion back and forth about whether we ought to contir e this(A _nt with NI:. HOA or s_rminate it. Is there any discussion? Mr. Ri 7 Miller: No ve seen en-.ils going around about some requirements Taylor Morrison were still o ending t: order to get Collier Cou:asy to sign off on the lakes and whatever. I am genes izing her is going o in the bockg.,. und. From a layman's perspective, when I play golf and g around t and port ;see a!at c. stuff about 3 feet high, growing out of 2 or 3 feet of water i am ass. ..lese are :apes' litt ral. (Mr. Ward confirmed these were called littorals.) And w h what's jc: on with a :.he sour es permission as remedy, what is really happening? Are w. trying to those IL. Are we . ',ling to add some where it is deficient? Mr. N rtinn Winter. Generally, Taylor Morrison is required to plant the banks with materials that surviv- in high v,ai- :And in low water so that the banks do not erode, and because so many of the banks re makes -en't have c v plcntin.gs o r. all, Taylor Morrison is required to go back and plant in ord;: to get t _ . sections dose to get their performance bonds released. By and large the plan is to c back ai hem of: .: ively tc ha .s something -at will hold the banks from eroding. Now I hove a and with latcher prc _- ty that the have to take care of, so we are some mont!. away I from the 6 cf signin_: with Taylor 'Morrison as the littorals are properly planter'. Discof ensu: aiding Tayi. Morrison's ;;!antings of the littorals. Mr. C N Mille 1.. :ted littorc _ 'iUd mcre t:) do with water quality than bank erosion. It's not nec--_s. rily if yc ee one i 'eons toot_hot needs on€, there is just a threshold of a certain perce, age of lit -Lives nee. be plcatec" Mr. R. Miller: Coi tiering who`; going c; I a ve reread the HOA contract and it specifically says the H 1 is to p :v = all service.: It seems to me that the HOA contract includes mitigation and maint ?once of '.e eserves. Ti .:`has never"appened. The mitigation and maintenance that has occur -a'prior tc smitting this -Ito the CDC, Taylor Morrison paid some of those expenses in the past, I:it the lio, K. of it has b,--en paid for by the CDD. I find it odd that the CDD has been paying for thr;e expens • ereas the c. -tract requires the HOA to pay for these expenses. This may seem circulc. but it seem 'a me the CLT would have some cause of action with the HOA and say we want our n; ney back. ' -it's a bit cir.. ,0r because it's the same residents whether it's the CDD or the HOA. _`ut then i wo d raise the ciestion, is it really the same? The way the budget comes together throu , the HO bsidized or;ended by Taylor Morrison as it should be. You can't go back and redo five year !c fidget, so if 'e CDD were to ask for it's money back where would that money come -am? It cot.`r:n't come oc : of the current year's budget, so that then falls back on Taylor Morn. n to reimbu e the HOA v '-o then can reimburse the COD for all those past expenses. I think that's .-omething w= nave got to ;et on the table. I think Taylor Morrison can very well be held accou table for tho.,' expenses th- ugh that medium. 6IPage 16 I 1 * Flow : •;muni C • eiopment C 'ric December 17, 2020 Mr. D „✓ Miller T ,: internal pr. -erves and c tot of the preserves that have the initial mitigation done ere being C c and maint, :ad through the HOA prici to the final mitigation efforts on the exte-r presery �,ce the init- mitigation na complete `lr the external preserves and we went into r •intainin the prope was accep - d by the CL ), we started maintaining all of the preset -es includ 2 internal a. _: the externs, so there wa_ a point in time when some of the cost was it ide of th<< it budget. 1 t ..,k the differences between the CDD budget and the HOA budget, at leo: in conte. ;hat you are >ny:hg, are very similar, bee ause the HOA budget is deficit funded, but if .au put i .Jlar value i te. the budget it raises fees, similar to the CDD. If the cost is $200,. 0 dollar.: `c maintain the ;reserves, and it's in the h')A, it is spread across the number of units c id Taylor.'4c v:son deficits %ds it. S,imilc'ly, in the CDC., it is spread across all the landowners and Ter `ar More a- finds its proccrtionate share as well. l can't know about back history or what that:, ,ld mea wither ent vi s mount_-ring it,for e_ :h resident it is very similar. Chairs .-son Sta a. "ou said mi.'. tion was c>mpleted. Is -hat your opinion, that mitigation has been c ,-np!eted i . e external Mr. D :ti Miller. Y. it went in Tointenon . You may be trying to catch me on whether it's a permit or it has t= maintained. There was an initial mitigation that was done. Remove all of the nuisa exotics fete. Pr/0 the CCD acnepting it, rn, "ors of dollars were spent to mitigate. Simile 1 speaki, _ the wood s Liks and those kinds of this:_s, yes, there was a lot of money spent to cre, the ar , .tigate the area, and then there is an ongoing perpetual maintenance scenario that h s to be c So, the tin frame, and ✓✓hether you are talking did we get signoff for that main:- -once dt, oat time p_ ed — I don't want to split hairs — it was being maintained or is being airtaine now in a r ntenance st.rte. Chairf: 'rson Star':a: y recollect en is Tim Hali stating we are still mitigating some of this property. We at not oka :c „ ? to the ne. step. There could be some overlap, but there is mitigation and there maintennnc Mr. L v Miller. 't know if l':st matters ti t much or if!.n misspeaking a little bit. But it's in a mats, _ :ance co xi what I wo :`:i consider th 'nftial mitigation orders to be. Mr. R :1 Miller: or what you are saying. I understand what you are saying, but factually speak g, the CL : . spent a cc! s derable amount of mane .very year on whatever you want to call it, ;iitigatio iaintenanc_ cr both. Factually speaking there has been a budget spent every year the CD, a ne extern -.•eserves. There has been money spent and the HOA contract specif :ally says "te HOA has pay for that. The HOA did not pay for it, the CDD did. So, why shout.-,'t the CC % ;ore the op: ::n of going to the HOA and saying we want our money back. You didn't =vlfill your s act. Mr. IA raters: At the .rst meeting v-e asked for the accounting firm to go backwards and look at all those Tenses and ~.:cumulate uc through this year of what those expenses are, so maybe Jim, you can te us what yot :.pink the tir.-::frame is for naving those expenses on the table, so we will know the m. gnitude of de ors we are ;king about that we would need to roll into the claim or bill back to the -10A or hove,_r we want to handle that. 7IPage 16 I 1 Flow —rnuni L eiopment G ,crict December 17, 2020 Mr. I. i. 1 a he prcc?s: _;atherinc he inform the auditor needs. I have some quest; s for th cer, but i , . .:id say with six weeks , /ill have this. Mr. is ters: A point in tin ve will ha something :a put on the table and the Board can decide :hat we a do about hat that ru o,ber is. I have another point, disassembling the HOA contrc t from tl . and that we have turnover coming ' the HOA soon. My understanding is Decer er is wh hit 90% i. ;!os,rig, wh;L means 90 d.;-s later turnover occurs, which would be Mc :1-1 15Y. the case, have to co to terms with what the CDD is maintaining, do we cance Tat con ,hat is the . maintai ;y, and what is left for Taylor Morrison to mitigate that(.1 _sn't bec .e expense either the Ct)D or the HO 1 think we need a schedule of duties as to :o is res; . ie for what ood rake the ,next 60 days t try to figure out how we disassemble that c -itract an::: as;'gn the dutie: :-a the respective departments. Mr. C ;w Mille Jree. If yc look at the Waldrop Lao iscape Maintenance exhibit, there is actua;. ,propert ,ront entra. F.. and the r: ad. I think thct should be a consideration when you guys c -e lookin( are procc going to ;. ;t some fort of agreement between the CDD and the H and s( k getting i - duties iror::.J out, includ: who maintains this green and pink area, somethi : probably to do bef e you wholes a get rid of the agreement. Chai4 'rson Ste Vlartinn do 'ou have ar" more about the audits? Have you put a team toget Mr. IA. ter: 1 h. : .t put a tea; together. - -e been wa; '' g to hear what the timeframe is for our ex sting accc rg firm to core up with v;, :;t the past expenses are, so we have an initial set of numb -s to look at will be inte ,:owing soc people to assist with overlooking that, and at our next r-reting I wr e some nor es to recommend. Mr. '-d: If yo .c toga-he. :o do whatev.r it is you want, that is not a problem, but if Board = through sor process of Ir:king at that and saying yes to it, then it becomes a committee subject t the Sunshine _aw. Maybe you just want to do your thing and be done with it. Chair;: rson Stamp. formally aG : c committee. IV.Litigat an Matters a) Pet on for A.:mi strative He :gig :FWIMD 7ermit Modification transferring operations to the Flay. Way CDC Cha Gerson S -. Anything c ':-_ to add or, the South Florda Water Management District? Just to clear, i .r I accept a : :otion giving me the authority if we have to file any motions, add tans, corn etc. that '-i1aht have tr.Pe. On MO" )N made b Mr. Ron Mii;er, seconded by Mr.Tom Kleck, and with fc • in favor a.c one opposed, Chairperson Zack Stamp was given t- authority :o file any motions, additions, corrections, etc., regardi, the SFWML: permit modinccation as netAed. Mr. rew Miller v, opposed;t- remaining Board Members were in favor;the motion passed. Wage I611 ' Flow Way .ommunit,, i. .'elopment strict December 17, 2020 b) Met, orandun ,paint reg<. Owner: F and Main.enance responsibilities for the Main Prey Awe loca` -ir the be caries of FQ: ov Way CDD, Chc. -aerson S. The litiga - r;ith Tayir "Morrison is it your packet. You have had a chance to it. at it. -c,. -fully, there a rnemora am to accor ;any that. We have counsel here to ans er any qr Mr. on Mille: - • re has bee:. discussion i , :he past aboc what is the amount of money which war, > be the aer amour?: .1 money fa - the perma. .Ent escrow funding of the external pres. :-ves. Tk as never bey-r a come to ether on that subject. Lots of people have lots of opir .ns, but i se ns to be so .2thing we irately have a come together on. I think we have had some dis. ss n on hiring Tim Hall ty replaceme . to give us their view on what that woo -'be. At-. pint I would ce to bring o_ •attention to :he fact that Taylor Morrison has their opir n on this er already. all recent -eceived an =;nail from Taylor Morrison where they specifically told a is$242 dollar per resident. I have no idea how they computed that number, but --ireg, I'm -r: :an get tha. discovery. That's $286,528 dollars a year and at the Corp of Eng. -eer's 2% -r ate, that's;_: ,326,400 do ors. I would :rggest the Board would consider that as c offer fr ,ylor Morris:. . With whc:ever actions 3reg is taking, going forward, I think Gre_ at least umber that<•.,e can discuss, that Taylor ri"c'rrison has given to us. Chic. .person S. Under Flor;,;a law there is a way that has to be handled. Mr. ard: Ac the numb is the District's number. as actually asked that question and 1 took the budr, ✓ided it by tie number of units, and gave it to —actually it was Mr. Cook who ask: me the c -on,so that'. Mere the nu•nber came from. Cha 'erson S. If there is c settlement o,,Ir, they have to come and tell me that they want to offe .as somet Putting it in a newsletter is not a settlement offer. I wish it were that easy. Mr. .n Miller �erstand th but I think :ounsel now he something to look at. Mr. Woods: is ; number obviously. It's :a number used by the District and perhaps Taylor Mo; son, whit`, r . good start ground, l: obviously in a lawsuit we would have to prove the nun ::;er and it an offer ur' they send something it writing offering it to us, which I have not °en. Mr. an Miller I read throar, i there, I tia k I picked up e named defendants are five Taylor Mot 'son Boar('iu _"abers from : e past. Are they named de;pendants? Mr. :Hoods: If thr 3oard appro,es the filing, they would be named defendants. They were on the Boa•x at the time ,at we contend the CDD prematurely agreed to take the property. Mr. -ion Mille there some •Eason why subsequent Tal or Morrison Board Members such as Johr. Wollard, Miller, ant- `le first one ""ho resigned aat I can't remember, why have they bee? excluded that? 9IPage Flow Way .ommun . C:. elopmeni . riot December 17, 2020 16 I 1 Mr. -'nods: L iller wcs ;r' the Sc ; at the time at the properties were accepted, and tha- the big. our opi;• biggest . -ci; of fiducic duties when they prematurely took the, prcperti ;e would e respons for that. Mr. ,n Miller .ee with . I think thai 's factually c_ -ect, but subsequent to that, and this cam up at a ty of the Br:-rd Meetings since I have b?en sitting on the Board, we've talked abc :fiduciar rations ear` .r;d every t 'r:e, and Taylor lorrison's representatives continue to vote :gainst t -d on ever, :melon that i ed to do with :ur pocketbook, the CDD's pocketbook wiry `he mitig Ind main:e nee: subsea; ant to that trensfer. While I understand and concur wit, :hat you ying, wou,- gout the sob. ?quent violat• s. Mr. . oods: J arify, unc me CDD st: -ates, the deve oiler is allowed to have it's appointed Board Membe the Board. That's not a conflict of interest. It is a matter of degree and a mat :r of leve :eing to the- -property wu_ potentially problematic. The approving of budgets anc rings fa 2 to Tayir Morrison cord be. There is an argument that yes, that could potL --jelly be 'ch. It's a 'er line, and t's up to the hard, but as your litigation counsel i wen" r'like to '✓ard with -c't believe be the stro gest arguments. That's how we have tare :ed this That'_, . t my opin _. If you wan: me to look at the potentiality of the oth 3oard N -s, I can lc,: :.rt it. I just tr'ek it detracts from some of our stronger stuff. W. on Mille would alsoriot out, ar, this was me: tioned in a Board Meeting to Taylor Morison Dire e 'it that time-: We talked;`equently about the fiduciary obligation, but it was also •ointed c -lcridgr.c; C de of Et:'cs Statute, and lam going to site Section 112.3143 whi. ; specific , ys that tar are to abstc7 from voting any time any benefit would inure to the employe they vote 51 _ch and eve-, time on those motions against the CDD. I don't see any rason to them fie) Cha .Jerson S As someoc who used '< play being a lawyer, it's my opinion that it might be gooc' to do ti , ° a lot of reasons, but any damages recovered for say Drew voting for the bud_ -ts, are c 3 get some etset of the -ger picture. We are not going to get a recovery for eve membe; voted. If tie dcmages -e $14 million plus whatever past they should have pair we are rng to get : doubled or : ~pied by four or five Board Members. I guess I am ogre ing with 21 that it's r w rth the ::rndle for the v.'ax. As far as the ethics violation, that v✓oc not be . :d in the suit anyway. i don't think that would be actionable. You would hae' a file an complain: "'ndecipherabie 43:07). Mr. :"inters: .would be in rived with f'. ; an ethics complaint? Mr. 1!oods: T,c, 's a form on`iine for the DBPR. i believe the agency DBPR has a form that you can ctually fi = :Wine and e `the proce_ rolling. Any member of the public is free to do this. Wit the conf •nterest, yo re going to ::ave to show—they are going to want specifics. You have to look a ' necific vote and the specific action. Mr. 'on Miller - unless actt—i were brought more forcefully, let's just theorize. Let's say that Flor'-`a would that they vi:'noted that Cr-'e of Ethics Statute. End of story? Mr. floods: - c's fines. 'iere's criminal penalties. There can be a third-degree felony. Certrinly, a mi cie eanor, and;: ere are monetary penalties. 10IPage 16 I Pe Flow Way ommunii .elopmeni `rici December 17, 2020 Mr. on Mille. rik it's c s.'• ••,e that Ta•;;or Morrison N its employees in this very awkward pcs en. Nev ss, they re in that '. itiorI ano' the voted for Taylor Morrison each and ever, time. Ti -ice fiduc.'e.- • a; the broke Statute on voting when they should abst in from and 1 tr.::r actions have consequences. I'm not going to do anything here todc,:or make tion to cc Char aerson S 'Wou'd ;c want io counsel to :c,.< into that before the next Board Mee`ing with -..71 and whc • 'e need tc Mr. on Miller ask course' a think ab,a,;`putting them as named defendants in the lawsuit. Cha. Person S 1 can certa --v ask that if you give me permission to sign off, I will probably sign If ivitho m in there trey can c -rays be addel later, because I truly believe there is no :ecause; not gong get any n —if we find all the subsequent directors to them to be g ilty, unle tell me diffs:-ent, it is no.,:going to increase the amount of the award. You are still cing to c a sun of ;ne y. ii`s a.:`like it gets 0.—,nything. Mr. an Miller -e but that a is people's attention. Cho' aerson S : Well, the' 't does./ can these e ;:;t Taylor Morrison Board Members tolle tively, he: :: they've gel '14 million collars. Mr. Winters: Jo: we approv, :his litiggat.c as it is currently crafted with a request for you to corn back to ,- a second creating with same suggestions about filing an ethics complaint at the nex7: $oard me Choi-person S. -'a:: Yeah. Why don't we fin sh the discussion on the litigation, and ! will take a mot n on tha Mr. _rew Millf <ve a couple questions if i could. I guess on the ethics, if you are going to bring any, ing on b iou wouldn't mind articuating what would be different for a Taylor Morrison ems ayee voti the Board .ersus a resident voting on the Board. It seems to me there would be s Tiler con. interest pcentially. Mr. Woods: (.ou an individuc resident have a conflict cf interest? They could, but the thing aboa t Taylor Morn!scn is because you are the developer there is an inherent conflict of interest. Mr. '?rev!Miller: at permitted. Mr. loads: Pern- `ed to a certc;,.level on ce'tain items. Mr. rew Miller: there is no conflict of interest because—I think I understand. Mr. -'on Miller. are not emp:eyed by the resident. We do not receive Ay paychecks. Mr. Irew Miller: a, but you h2'e obviously benefit from it. How long do you think this litigation wou i take? 11 I Page 16 I 1 Flow W -; Trnuni elopme ici December 17, 2020 Mr. loods: T no tei erage litigc_`ion in Collier County is anywhere from 18 months to 24 c. :orbs. N ,:cos:. _ somew-i r along the w'y. Mr. .: <:Mille- much peter 5 `' ;sing to cos` ';e CDD to litigate? Mr. c ds: olutei ends or. ,r Morrison :d how much they fight. Sest guess initi •oula ut$2C0•:" dollars to T0,000 dollars. Mr. -ew Mill -.ot do you rk the iikeir god of success is? Mr. °cis: i ;ere a. r ucrantees ;itigation. Mr. ,revi Mi; re the pas. .:nd ,pre_e;'i CDD Board rbers covered by the DNO liability insu ance that - CD pays rc Mr, goods: T ould be. tVard: icy are is_ an enity ir.irsues either on existing or past board members it is con_ Jered to _ ng itself ant: there is no DNO protectio;-for any member who is sued in that indr r'ual cap_ Mr. ~ev✓Mill: you are suL yourself, u don't have :overage. Cho .:erson S: r. I think for -re -ecord, ` t did become a criminal case it might — there is no DNS "o so a c: r• l wouldn`° : ote that. Mr. on Mille o back in e, a year, 18 months ago,just out of my own Board Member curie 'ity, I cor number agencies, like land conservation agencies (indecipherable 50:17) becc 'se Taylo bison was s,. ;posed to pass the preserves on to a conservation agency and had not 'one that ; , ent out and '7lked to some agencies to see if there would be any interest in ther having t Not that the Board :d the author:.y to do anything at the time, but just test g the ak _ of the og ices. l fourd a couple. -le named a couple of agencies and indi::tee'. he ! --uch with Sa agencies.) Recently the _Yecutive director of the Audubon has core• back to bout the stc' c. They com`inue to have nterest in these external preserves. i tool. •nto cony c`ion where <.. are and tc'd them yes, the Board might have some interest in donating the i the Audubon, but frankly we do not have any funding to give them. i will go bad' and talk ._m again, je.::' on my ow but they ha'; interest. I just wanted to make the Boa 'aware t 'ere are pass.cilites out there. I would e Taylor Morrison's ears to hear that the; are posa 2s out t hers . :hat perh�i s there is a p::ssibility with the Audubon or others whe this thing c..rld all come _rcgether. I don't think the Audubon is going to take it without any money, nor wouic :nyone else icke it without any money. Maybe there is something out there for Tay •Morrison tc %xplore and come back to us with. Mr. rew Mille . that note, --re we even c:le to move the property or give the property away? Righ now, it i. teral for bc. ds potentially? it may be something to look into if you are asking that cxuestion. 't know if w are even able to, as a CDD Board, to transfer the property. 12IPage 16I1 Flow Way ommuni'i L. ,-eiopmer.t :Lrct December 17, 2020 Mr. lard: Th -,n't matter is like tr :`erring a utiii , Transferring the preserves would be like • -ansferrir `ility. Chat Jerson S If there is ;o further c'i-cu.�sion, I wil take a motion authorizing Woods to fina e this lit 7rd a.j:l.: :,it's fliine. '''e target bet--before the end of the year. Mr. rew Mill • ,ink the - - 'ittle ch.-•ice that this , a success and I think we are wasting the . 'strict's r• and I cc - cood conscious vote yes, so no. On ;I'N mace Mr. Wrt:ir, ' Winters, sr,:cnded by Mr. Tom Klee' r c' with four :r, favor and ane against, Woods, Weidenmiller, Mic & Rudn°ck -as authcrizrd to move f, rward with litigation aga; _ --4or Moir. ;-:n as presitly styled and Chairperson Zack Stan 1.1 is given tl ,. authority to make modifications as deemed necessa Mr. ev✓Mill , again_.: ' remaini: :card Members voted in favor;the motion passed. Cha :Jerson S I will tc (:: motion: -`_ --rding counse' exploring ethics violations and come bac. `c us nex 'th ✓✓ith mor-. detail on how, why, and when. Mr. rev,Miller• I conflicte' ^ere? How or 1 vote legally? Am I permitted to abstain? Mr. 'rods: II "sticr-`',_ so i thi- :';can vote. Mr. rew Milk 'rote no ar- canfl'c` 'rterest? Mr. 'foods: No; ±- are fine. On MOT'ON made fry Mr. Mart ° n Winters, seconded by Mr. Ron Miller; 1 with four 'n favor and one against, Woods, Weidenmiller, Miche" $: Rudnick -"as asked to look into the mechanics of filing ethics , ations agar st the Taylor Morrison Directors and report to CDD Bo_rd at the next meeting. Mr. rew Miller v. ed against;I remaining 3oard Members voted in favor;the motion passed. V. Envirc imental Ccnr itant Services—Preserves VI.Civil Er gineer for E. :::uation of Water Management System a) Conn deration of ',rge Engineering Proposal Mr. -Vinters: V/ ave a proposal for Forge Engineering to do an evaluation of the lakes and litto•-11s, the inte waterways, all the water management systems within Esplanade and he has mac a propose: iich is contained within the Agenda for today. It is probably best to let Tom spec for himse;f to what tha scope of services is and haw he views this assignment. The idea behi rd this is to e -o:uate these assets before all the performance bonds are released to make sure all t: 3 water con' systems were designed, built and operating functionally correct before Taylor 13 Page 16I1 • Flow Way ommunity C .eiopmert strict December 17, 2020 Mor son is re cf any r. . iI iI ty for i and that we c et a time where we report back to the Boa- in a ma .t ai;a ; :o i iteract L.ith the Count, with regard to those permits and the insr _.lions ar =-th. a = hefef: - doing so is . -mewhere in the ballpark of$10,000 doh', s. Mr. cm Conr i ar; Ferge Eny veering. We ginally were asked to respond to an RPP ch was b!t:` .r Assccioiicn. Later t.=a` ,wrk was split into two pieces, one for the DD and t;c- . issociation. This sco,ee o work is focused on the littoral zones and ;le water- ;gemeni sy- r•m across the entirety of e District and it is in response to the D s: rot t: ..sociat- -he scope c` work is to c back and lock at the history of the per Ling of `ire de.rei cot, with to: Water Mar 7ement District and the Army Corp of Eng ers an: cat whcc ;;e ob-gc _ns were of permitting process and what the reg. :rrents end then ::n eva`u :i. ; on site of r _;w it was constructed and we would pro a repc < to the CL• oard and eke recomme -dations for work related to Flow Way and lything 'ated to the '.-'aterMcnagementDistric=. Mr. ../7n ers: was asp: .. o make `h ; :,resentation because the resident advisory group is con:=mplatinc =orge to a. :he buildirg roads, bridges and so forth so that one firm would be c .'a to har : e ' : ,t fc° the infra'si .eture, but we bifurcated the proposal so t :t part o.; _ to the a -part goes to .he HOA and I don't believe your firm has cen engc, :t on the H,:',' side. is tee right? Mr. onricose: have not beFr engaged, out we have conducted multiple interviews with the trar `lion tear' , ,HOA Mr. cm Kleck ,e had s2 questia _ cm homeow rs. I understand the responsibility of tak core of" :es and the .:nds no' en Taylor A. rrison. is that correct? Mr. 'ard: Yes Mr. dear: W e they go.. :`o start La.' 7g care of it? A lot of the neighbors think that the littorals are to-r:ir into a swam and we have our lakes that are almost overtaken in a lot of cases by t. :use weer u ` them .4. Littorals ,o me are a fie .Yering plant usually put on the banks of _ lakes c Yids. So r:_,_ _` now, it cesn't seem v , are getting any kind of cleanup or main :-enance will on the:: 'akes or po .ds. I've noticed that Collier County has a guy in a boa out fron: Flow Wa, er whatever that's called, killing off the lily pads and the weeds and he tall g that are g; wing inside the water and I think the neighbors need to have som .aody tak -e of it bef is turned o Mr. onricose: G. ;cope of we which we have not started yet would be to take a look at what was 'ermitted tt- amount of area, the littorals, the types cf littorals, ail of that would be part of the ermit re Then, we -'ould go out and actually take measurements in the field to data mine hot are perforce rig and whet er they have died off Mr. 'eck: M), ons may be .`or Taylor M:rrison. Why isn't that being done now? Mr. raw Miller is being done 14IPage 16 I 1 Flow Way '.:ommunit.,' •eIopment r;strict December 17, 2020 Mr. "`,dries Cc cr Mon Taylor VI. ,rison is moniv ring the lakes and maintaining them. Mr. eck: Art o rg aryabout it: Monitoring in ane thing but taking the product and to.• care of , :;ther. Mr. 'oak: Sur: of the n. wrth t i;i:-County is re owing the littoral shelves, the slopes, the - cund co we arc . .c process .f going three:,a all of those and giving basically an aud, of the sty. :-ter syste Mr. 'seek: W esponsrc'_ ``e s,Jar :s, the lakes, that are filling up with lilt; pads and gra: S? Mr. -cok: 1 Fr;: seen lily p,.:.._. The grasses are native . :asses. I've seen some pictures, but i woe 'be hap - .:ke a lock : .rhatevcr yr.:might have far as specifics I might ncI.-be aware of. Mr. eck: I hcl'<_ _tos of epic:. she lc'.>c .';d waterway' that are being encroached by a lot of gras..es and we ,md lily poG; 'just took e pictures th 5 last week. It appears it is not being mci".dined as :... ect. Mr. on Miller: - help me v.- this, beco:: e :continue t be confused. We have this stuff that is g; :'ing in t,:". s. I wou!c them ,vec .s. Those are ttorals? Mr. ".eck: Nc g to disagree with people who call that littorals. I was on the CDD in Bonita Sprir's for 3 ycc : and we hac the same issues up there, and we as a CDD organization had to phy. :ally pay - . lye spent cf mc: sy, -.housands o`..ollars to keep those lakes cleaned up. We ever hoc :d somebo : with a b: .at to regulate. Either cut them out, as low as they coin aet. WE ?eople go it :-nd manual!, rut this stuff cut, so it didn't encroach on the rest of th end . ; spent a r f mon_;• c: littorals tha` were strictly to keep the banks from erot ..g, whir ' e way, veer_ not effectiv_" at al!. We'd plant them and they would float after the eters ca. Cha: Gerson S We are he ng a debate .Mere. We are talking about engaging an expert who can erne bac ._ttle this d:- :ate, so let's o back to tha:. Mr. on Mille `we are se: .g out there it the moment is not what we want? Mr. .' 'eck: No 'utely not. i.t wasn't there when we moved here. Mr. 'artin: I '•r .1 like to c1: :fy if certain items are wif. •`n your proposed services. We have son-: existing issues 1c :he comma;-. 'y. Namely golf courses don't drain properly. Ther_ are sev the greens :hat are just soggy and wet. The drain lines are full, they don't drain. Will yc . cart of you; ?ssignment be able to look at where those drainpipes go into the lakes and por, give us a east a preliminary assessment as to what you think is going on with `hose dre systems? Mr. :onricose limited w because our scope was modeled to be fairly limited and then ider.fy problc '"at we cou;c explore further if we needed to. There are a lot of technologies 15IPage 16I1 Flow Way mmuni': a opmera ALI December 17, 2020 ava/ 'sle to gr explore tr ::se pipes furOer. if there is sedimentation of catch basins in the pipe raken ced co.:_r eipes, or c ;of those tyt. :s of issues, we aren't going to define thos We m a pro: bu:: then rE ;wire further r 'estigation. We would report to you tha7: 'e think e cater; that are. .;l; we can do .-;.at fairly easily, but if there is failure of a -ipe bet; -e catcc .: and e°n,;tr :r, we aren't _:Ding to be able to do that unless we brin 'n some. ✓.deo t _ . _s ana ide tify where we .'lave root intrusions,failed pipes, any of sorts in the :eater mar;agement system. Mr. and: W :s contes .ee drainog_ system, these pipes going from the golf course to a lake c:r from r: t to a . t• ings of .hat nature, are generally not in CDD ownership. I do not ink they the owr'e. of the CE) in this particular District. 1 do need to check that. So, st portic scope, i are going do that, I need to check that for you and see if that is re y withi D scce° services; c if that shoulu be in the HOA scope of services, or who er own._ ;pipes Mr. "inters: =: ' is looking -he lakes ar.'the lake is the recipient of one of these pipes. Can her at leas;` 'to the pie,.. le, sec if it's- Mr. '"•ard: Th ,e of it is f r_. but they a:• usually stick a camera in the pipe to see if there is any r'idup o ' in a pe- : :' of time that 'Ices happen. I do not know whether leng :_ c or Tayle-Morrison, or the HOA. I do not think they are CDD own_d at this Mr. :sinters: f the 'evels, f r , the lakes are full, are too high versus where the boit r of the :' What :s engin__ improperly and built improperly? Mr. :nricose ouid be :o see c`at : comparing :2ermit documents with site conditions whe we are c re investiga;e y. Mr. "inters: item is gre:-Tdwater monitoring wells. Nill you be looking at those? ,nricose did not i; _ ice that in ,he scope because that is not something we would nor elly scope a 'r as the tureover, but we could look at that, particularly once we get into the per docum_ ;d find cr: ::v they wet'permitted. Mr. 'inters: is t,1 `considered -_DO property? Mr. �`ard: I c ,ink so, buy can look at I don't thirr, it's a bad idea to do it, so I think we will ;,tc figu 'low to sol:: :.'iat problem Mr. 'inters: ibout the Ill. station? We are getting cc.-nplaints about the odors coming from the 't station 'le can sme• sewage. Mr. 5 nricose: antly, the p�-mosal we have before the COD does not include anything on the war or was :r system. -;s part of the proposals to the association, we would normally inck e a boo,' :ter and se✓ier infrastructure throughout the development and in that we woo. .'identify oblem and ,aok further into it and see if it's an upsizing issue, if it's in need of a bic side or so :her treatme.-t and then make a recommendation back to the association. 16IPa e 16 1 1 Flow Way cmmunV:, Fi opme cc December 17, 2020 Mr. :'inters: `: water sys :,r;s and sewc"e systems not part of the COD? Mr. Ward: Tr and :;•stem .r originally c:suired by the COD, but they have all beer turned o oilier Cc for owner:•-ap, operation, and maintenance at this point. They are. ownec ;er he he C,`. . -hey are ovine Collier County. Mr. '.'nters: -`s'de the ,':ty of tie _ D to evalua t ihat the problem is? • Mr. "yard: I v ;L agree wit' :::king c !ce at it for whatever the design perspectives are but doir: sorriethi-a :ut:t aP. "cot wou'c`.`,11 to the Ccu ;ty. Nlr. i ors: 1` '.•r re iraa, desr ne would that ga back to the developer? Mr. 'ard: I'm ;ing to aas i he legal c estion. I oaf l ;nly tell you they are owned by Collier Ccc to take Mr. ','inters: aving to elite takinc a look at ti; v because it is a hot button in the con- .pity or ait ur.: , c :iDA s es• "es their enga ering agreement, we may be several ma: down . ;)efore t tually -- Mr. _id: I would are a pro: cm. It's a governmental asset, so I don't have a a. with .a putting :stc its scope. if that's what you want to do, but other than being in tr:scope arc i, : stifying it, v .;rould then lave to kick it over to the County to deal with. Mr. 'raters: . stand, least take - look at the : station to give us some preliminary ass: agent w bar, :biem, a_st giving us ,ur opinion as to what you think the issu_ 's with t s`ations. ,;'ik it wouic :se very help;.'. You may decide to hand this off to the c. :her side evaluation, ; ce they get engaged, but at least start a preliminary look at the lifts rich. Mr. ':onricose. ': ':at we woui do is take a look at the County Utility Ordinance which would desc 'be the pr esign of i`at lift statio . We would mpare that to the plans, and if the plar coincide : hays c' . for in the -aunty Utility -dinance, and we talk to the County Utilr ,and say ,c d you come :at and evaluate this because of issue A, B and C. Mr, inters: i'ly . -,derstanalt- s that Co(ii:: County is unhappy about this also. Hopefully, we will a et good part =rship with t`::m. What about the mainline irrigation system? Mr. aonricose do not have the mainline irrigation system in that proposal either. We could cert Ily take at the related = what's constructed and give you an opinion of any- ,.ngwef Mr. moors: Con .0 include tn.:-`in your proaosai? Mr. -anricose. :an. Mr. 'inters: And e entrance rdscaping? hat is a CDD asset. 171Page 1 6 I 1 Flow Way .ommunin; eiopmem tract December 17, 2020 Mr. snricose: _-- we br`:. ; the pro;.:sal, we left e7 the landscaping in the HOA piece of the oposal. Mr. .lard: It is • asset, _ i; c Forge :>'ould go aheL, 1 and do the work as it relates to CDD asses which i, c; es !andsce,c ;: irrigation. all of that stuff, and if there is any hardscape out then'. Mr. /inters: Ok Include ti:e :so then. You may need tc modify your proposal to include these addi onal scope Mr. on Miller as''<,d if the weeds, which he previously thought were littorals, would need to be eras :ated. Mr. 'eck: If,:,r.� c bought ai(srront property to look at that, I think they are getting something the:, 't pc guess other c,..,rmunity I have been involved with, there are crews thcr wit with Ind saws and weed killer to eliminate this eyesore, because it is not corals in es. Somebc:w has got to be responsible for taking care of them. Mr. ,n Mille riembe,' s:. -- in other- _ommunities, people in boats, people in hip waders gain.: out and : _s!!y pulling -nese weeds. Chc erson S 't satins's s ;✓e are g_` ing where we need to go. Since he is going to be me ing his 7 -al, do we s.d a motion allow you to finalize it? Mr. 'ord: Ye •nuld just be c motion to accept the Forge proposal subject to modifications as deer ed epprc �y the Ma ?:. Mr. 3reg Wo 4:11: "rn y;rr e'- doing your wsrk, you will be documenting what you see c id takin: is of sort of thing? Mr. Conricose: Ye , sir. On ��G. 1 made by Mr. Marti-, Winters, seconded by Mr. Tom Kleck, s_,d with all in favor, Forge Engineering was retained to do an evaluat , of the ,';es, littorals, ponds, waterways, and water system: identified in this Meeting subject to Jim Ward's ability to modify ' agreement. EIGHTH ORDER OF BUS .SS Supervisor's Requests Chairpersc Stamp: Arc :eere any other comments Mr. Winte. s: At next mc-rth's meeting we will have three proposals from environmental engineers to do the mainte-lance of the n'ternal preserves. I am in the process of getting those proposals in. They have all agreed :o come ansv questions end make presentations. 18IPage t6I1 Flow Way _ ommuniTy C .relopme:st L .,:riot December 17, 2020 Chairpers • Stamp c v for._ ;p esec1;si•on would be. -,1r. Winters responded he expected each pres'. :station tc 10 miru ?:. Mr. Wint. We t ost got'_ second is paganda pie c from Taylor Morrison on what an amenity t: _ ex-`ernc err. 7 s:se/c can have egsestrian events out there. We had our prior cour 81 look it . Jim 'iv coked irtc 't and could rat find any legal authority for having equestrian .vents a xte,-;c 'rves. i we have th propaganda piece which proports to treat this it is a f c ;nrpli tho: preserves .lave been tras:sferred to the CDD and just be happy with this ).ndcrful ity you hey.- • wcndcr:gig if there is so-)mething we can put out to rebut this propagan, r that Tc n -'ar:son , ...e ow. t.: .":e community= In light of the litigation that we are going to c gage in, .3( that speak , itself or is ,t advisable for us as a Board or a resident advisory group to F out a c PR piecs -,-e comrnun;y saying don't believe a word of this. Mr. Wooc When pa:,'`. I r,: - , hat would c :,:e better from a homeowner group personall. Mr. Winte 1_ thenconflict .v' of yo; a;.1 doing that yr_should be careful about what we say and how y say it? Mr. Wood:: No. Ju. t ware you g: is are under :;he Sunshine rows and all emails and such come into play. You an decor dived in so t ing ii `,;at, particular,, :n dividually it's fine, but anything we have disco sea so fc iblic recurs. would ay keep it in sreralities. Once we file the lawsuit, you can r crence t r in the lc✓;:.. ` aecause . .s of record, Lit generally we don't want things of strategy o where w 7; ;eaded r a:sscrily c-o : _Ito the publi_. Mr. Winte Since elk offlir•_here, do I hove any guidance from the Chair? Chairpers Stamp: r`'iought was is that we cc•: get a quick r?i; established on the web page with the lawsw and we c - art referent.--,; I would;, e to see our committee back in Esplanade come back with some <ino'of re .ing . .;. c t a eal and they are not doing us a favor. i would be in favor of tr--:t. It ha. : a fact heavy, 'actual and rot confrontational. I would encourage them to do that. NINTH OR:OER OF BUS!`• :SS Audience Comments Chairper_ Stamp z= r if there vrer:_ =:iy pubic comments. Mr. Ward sked if tl er vere any m. oers of the- ;-public on audo or video who had questions for the Board; thee were non: He asked if there were any questions from the audience members who were present. Mr. Ed St, ey: Whe were discussing the litigation, it was mentioned that the HOA was a nominal defendant Did I ur and correctly that one of the reasons for pulling them in had to do with the internal pi- serves a' t the HOA c.vred the internal preserves? I wasn't aware that the HOA owned the intern presery was my ur-%erstanding t;-rat all of the preserves, internal and external, were owned by ';e CDD. 19 I P a g e 16 11.4 Flow Way Community Development District December 17,2020 Mr. Woods: I may have meant the lakes. You are correct. TENTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 2:21 p.m. On MOTION made by Mr. Tom Kleck,seconded by Mr. Ron Miller,and with all in favor,the Meeting was adjourned. Flow Way Community Development District James P Ward, Secretary Zack Stam ,G! air erson 20IPage 16I Naptc 4111Nw PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWA RD&ASSOC LLC 2900 NE 12TH TER# 1 NOTICE OF REGULAR MEETING OAKLAND PARK, FL 33334-4447 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of the Flow Way Community Develop- ment District will hold a Regular Meeting on Thursday, Decem- Affidavit of Publication ber 17,2020 at 1:00 P.M.,at the offices of Woods,Weidenmiller, STATE OF WISCONSIN Michetti, &Rudnick, 9045 Strada Steil Court(4th floor), Naples, FL 34109. COUNTY OF BROWN The meeting is open to the public and will be conducted in ac- cordance with the provisions of Florida Law for Community De- velopment Districts due to the current COVID-19 public Health Before the undersigned they serve as the authority, Emergency. The District fully encourages public participation in personally appeared said legal clerk who on oath says that a safe and efficient manner. he/she serves as Legal Clerk of the Naples Daily News, a Toward that end, anyone wishing to listen and participate in daily newspaper published at Naples, in Collier County, the meeting may do so remotely, via the WebEx.com weblink Florida; distributed in Collier and Lee counties of Florida; posted to the District's website www.flowwaycdd.org. A copy of the agenda for the meeting may be obtained from the office that the attached copy of the advertising was published in of the District Manager, JPWard&Associates LLC, by calling 954 said newspaper on dates listed. Affiant further says that the 658 4900, email JimWard®1PWardAssociates.corn or on the Dis- trict's web site at www.flowwaycdd.org at least seven (7)days said Naples Daily News is a newspaper published at in advance of the meeting. Naples, in said Collier County, Florida, and that the said The meeting may be cancelled or continued to a date, time and newspaper has heretofore been continuously published in location specified on the record at the meeting. said In accordance with the provisions of the Americans with Disabil- Collier County, Florida; distributed in Collier and Lee ities Act, any person requiring special accommodations or an in- counties of Florida, each day and has been entered as terpreter to participate at these meetings should contact the District at(954) 658-4900, at least five(5)days prior to the date second class mail matter at the post office in Naples, in of the meetings. If you are hearing or speech impaired, please said Collier County, Florida, for a period of one year next contact the Florida Relay Service at 1-800-955-8770, for assis- tancereCedln the first in contacting the District Office. precedingpublication of the attached copy of advertisement; and affiant further says that he has neither If any person decides to appeal any decision made with respect to any matter considered at these board meetings, such person paid nor promised any person, or corporation any discount, will need a record of the proceedings and such person may rebate, commission or refund for the purpose of securing need to ensure that a verbatim record of the proceedings is this advertisement for publication in the said news a made at their own expense and which record includes the testi- P Per. mony and evidence on which the appeal is based. Published'12/06/2020 Flow Way Community Development District James P.Ward,District Manager Pub Date:December 6,2020 ti4492129 Subscribed and sworn to before on December 6,2020: yNil am c.:0 t.rx.9s� Notary, State of WI,County of Brown TARA MONDLOCH Notary Public State of Wisconsin My commission expires August 6,2021 Publication Cost: $315.00 Ad No: 00044921 29 Customer No: 1305088 PO#: #of Affidavits 1 This is not an invoice 16I1 MINUTES CF MEETING FLOC, WAY DEVELOPMENT DISTRICT The Reg_ . ieetin, Board of Directors of Flow Way Community Development District was held on T. 'scay, IV. 7 3, 2021 at ..00 P.M. in conference room of the offices of Woods, Weidenr- Mich.. Zudnick, 9 5 Strada Ste:. :_ourt,4th floor, Naples, Florida 34109. ?nt anc Muting a quorum: Stamp Chairperson 41iller Vic:= Chairperson (lock Ass .cant Secretary W Ass1sant Secretary Mil ;IV-, Miller left the: meeting during the Engineering Dre:; ntations.) =sen' Wt Dis:.-ct Manager G : ,C foodh District Counsel is Tolir. Distict Counsel Grau Sr, ; and Associa-. 2s Caplh Gnu ; and Assccia ?.s A ::Fence: D; 'd 3ogus'::w. St en Murray Jc ;:han Oriole Je a Martinets: Cah'in, Giordano Associates Ja es Messi_; Calvin, Giordano R: Associates D Underhill Bar-Vs Engineering David Schmidt Hole, Montes and Associates Cl-_i lie Krebs HOle, Montes and Associates Ar -';new Tiltc Joh,:son Engineering Jc an Varbie Johnson Engineering Ac ian Robaina Connect Engineering Daniel Green: Connect Engineering Rc 'ney Dew,: -a Con -..ect Engineering All resident's r times were r :t included with the minutes. If a resident did not identify the rnselves or - - , audio file - d not pick up the name, the name was not recorded in these minutes. PORTI'' INS OF EETING WE9i=TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. 1IPage 16 I 1 Flow Way ommuni. .. L.. elopment C << ict March 18, 2021 FIRST OR. :rt OF BU ;Order/F c'' :all Chairpe - Zack St . :Iliad th_ r ;o or&i.. at approxima:.ely 1:00 p.m. Roll call was conducted and all IV Tlbers of .yard we e; constit iting a quorum. He stated there would be a period of public c. mment a and of the --Feting for no--agenda item;. SECOND C ',DER OF ; SS Pu'::iic Comments or NON-Agenda items Individual:•are perr ,o spea< :t.J;1s on thc. Agenda durir z that item and will be announced by the Chain =rson;co-_ ,r,-. ;s limited t_:three minutes Chairpersc Stamp I -ed there ' : be a time for public cor :,n.ents regarding non-agenda items at the end c- 'lie mee` : �wever, he '.;ouid be haday to recognize speakers for brief comments during regularA Iten- _sked how Drew f.` wa_ doing- Mr. Drev.• I h _r.tiai e:: Jut ever `ping was okay. Chairpers Stamp' -r•ed the H: c': Boar. embers prr: for today's Meeting. THIRD,c,:r 1.1 OF B[. 7,S Cc ideration of r iinutes January 2 .2021 Re '1eethc n<.,., :_es Chairpers Stamp _.-`< if there -e any additicis or corrections to the Minutes; hearing none, he called for motion t : a; • rove the Jar' a.v 21, 2021 Regular Meet'--•e Minutes as presented. iOn 'ON made cv Mr. Tom i<leck, seconded by Mr. Martinn Wir _ with z:! '- favor, the January 21, 2021 Regular Meeting 'Mir _ ere appro, sd. Chairpers Stamp: at the ,c::: i/7eeting 3,6:: said you were voting against some of this stuff because t > comma -as not sup,eert ng what we are doing here. Could you explain to us what the basis of t!`- .statem Mr. Drew 711er: I c :;lave tho:: ",e entire com'aunity supports the lawsuit and the dollars that are going to c spent, th:: ' :hat I meant. Chairpers: -Stamp: . .d agree the 's probably a true statement. Mr. Drew I.'er: I he taken a poi!. Have you taken a poll? Chairpers7;Stamp: let's go ararea the room, :s that what ycu're hearing Tom? Mr. Tom r-ck: I thin: :rybody is for it. 2IPage 6I1 Flow Way om. uni 'eiopment March 18, 2021 Mr. Ron A; liar. Pe( ::mp io , t.'e, golf c:. ;e and whe:r `:;n out walking my pooch ground the communiz people r ,-;to me, c,.. ::on't eve. now some c, 'hem, and they say, "Sure glad you're doing this, and"ke: going." Mr. Mart ; IV'i.ntei awe heard c ;Iy positive comments. The only negative comment I heard was "isn't a sr .ve h( ::e Taylor. -o-rison." Chairpers Stamp: 'card that- :; t-,.at it; c '_ the comm. / to have to do this, but they didn't say don't it. I w . : curious .;, on you made `:hot statemer. if you had any polling or research or how mud .:me you 7 the corrm.rnity talking .bout it. FOURTH I DER OF ?`zS Ci `deration of inking of Engineering Proposals Consider- on of rs, a' enginzi=. ig propo:a1 to serve as 1-;strict Engineer and agreement with the Nunn: r 1 ranke Chairpers Stamp < : _h;trict oar.Jim 1Na: o review thy_ Mr. Jim --G: A: :,,re away : ' go thrc,:_'gh a process: called the Consultants Competitive Negotiati: Act. It -gineer's, employme; act, or the auditor's full employment act, where we go throug a proce _''e we ac )t proposals .`or whatever services we are looking for on a non- priced ba_< . . They s' 'nose props_.o.'s to you. - Bey are qualification based. The Board has to review them. Yo r,:ay use ,er forum. :c..: c''ecide in t: -ns of ranking. You can use the format I put in your Agenda. may jr. :'ss it ano r them as; 2u deem appropriate. To the extent that you receive more tha one pro ;ou have _ rank at le_: t the top thee. Beyond that there is no ranking required. -.re proce . that I an: s_;ggesting tc ou is all oft-e engineers be given 10 minutes or so in order tc -3rovide r, aresentaticco to you. Then they will ben a position to answer questions that you have 'ith resp their propcsa(s and then we will go on to the next proposal. In normal circumsta :es, in pr. _ days, we generally asked those firms who were not presenting to step out of the room. -hat is a y thing :t they can do or not do, but with the use of the video call-in, all of the partic ants wil each other_ oresentations. I want the Board to be aware of that as you hear each of tr present: put the.:- 'n order on your Agenda, in alphabetical order. You may listen to them in ti order th : entified or Jr any other order the Chair deems appropriate. Chairpers: Stamp: fine. I. Prese' :-anion by ers a. Bank Engines: b. Calvi . Giordar iodates c. Conr::ct Engine d. Hole. 'lontes G „c ociates e. John: .)n Engineer' Mr. Ware The first ._n- leer is Ban;.::, Engineeric c Mr. Dave Underhill is on the phone with us today represent 7 that firm. He asked f'1r. Underh i to take no more than 10 minutes to make his presentat and the,'e ,Aver questions. 31Page 16I 1 Flow We.- nun; oprne;t _. March 18, 2021 Mr. Gre_ ,::'s: N co you f the Dili` .;c ttorrey a: `,;urns during the interview process? Chairpc ,.e free 3 -- Mr. Wooc . Let us k hen the l resum t Mr. Dave inclerhil :duced Ba Eigineeri , 80 emplc. ces, offices in Ft. Myers and Port Charlotte, with a s;: in priva- aid develo ,rnent. Mr. _ : derhill indicated he had been with Bank's En; :leering years and :ornpletec ;umerous pr. acts similar to Esplanade Golf Course Commu;'.i . He in; he had r : involved v. th more than 20 CDDs through the formation and funding c '!)e Dist writing E :c s Reports. He noted Bank's Engineering remained as the District = :ar fo CDDs. a ed once ,_'ojects were . mpleted Bank's Engineering served more as : -call maintena::e items suet s lake bank erosion, traffic calming, etc. He led he gown :r� ;.', :for seve al decades, worked with Mr. Ward in several Districts a: enjoye- :ing with N-1,- 'rVard. He c.oted he lived lcally in Long Shore Lake. He stated he was r ;liar wit e=spiana&. 'eject. He ' dicated he been involved with the Parklands developnm: it which .1. ;ow River:_ns which had suffered the same environmental litigation as did Mirasol. - _ noted , e plans ma; 'cc a little di` erent, but the main points were the same: wetland preserve!; wpass c c. He at- he was `aaa liar with this :.e-oject. He noted Bank's was used to working :1 large ; vial cony, , es, golf cc- ::se commun._ rs, and would be happy to work with Flow Wa\\ 'OD as a : t Engineer. e asked if tb :-e were any qeestions. Mr. Ron 1 ier: Are ,:-rently we n t'vith airy ,mrnunities li a ours in the area at the moment? Mr. Under ill: We c Collier Coun We work far Cedar Hammock. That's a District I designed back in the fats .:990s ant ,ft, lave staye with then-c :ust to the nc th of you in Bonita lam involved with a number r Districts "c'ands, Pc ; : West, c' several athe out at the east end of Bonita Beach Road. Mr. Kleck What sp_ :i . .,?y would> ;ave in : , . 1 for our pre.:erves and our lakes? Have you done any revie.' -et? Hay Doked at cj.. ilitr'es Mr. Unde,'ill: I have_ r- gone throe c u the projec or reviewed it or walked the lakes or anything like that. Coll usually a. higher stc :ard since of. 'he lakes end p being surveyed and at the time the excavatio; ,rnpleted .r: k-kes are :as :ally in pretty good shape, but again, lakes always need mail •enance. is always s 'r,e erosion, bank erosion. We are doing projects where we are going bac in and re ra, Ling some yo-a drains and installing drains and things like that to help stop the erosion, ir. .ailing sc is _,2ofabrics c':j gent thir_s like that if:you have problems. But no, I haven't gone thrc ih the pr, o see who ,a of conch;, n everything in. Mr. Kleck. Zan you _r ' e what's ';:c oh✓ed with tr;e County acc_pting the lakes to turnover by Taylor Morrison the CDC ' iat does that involve? Does the County have specifications they are looking at before the will alloy 7:.- or Morrison o turn that over to the CDC? Mr. Unde "ill: I thi,:< - .t you are really describing two separate processes. The County excavation permit wi. ; Collier r.: :s surveys tc be completed and inspections to be performed for the County to close out :e permit:. :at would have happened immediately following construction, so if the lakes have not sen turns a:' ?r to the CDD a quick look at the property appraiser site indicated that the 41Page 16I1 Flow Way ".ommunity C: 'elopment Cr>trict March 18, 2021 District own .es, se I a< :;cw rr` h,_ have forma::,'accepted them or not, but really the District w cont: process ..he accep c'7ce of them. it wouldn't be unreasonable for the District tc .,-epare t 7 inspectic r•rd the!- v,. ;nt to accept :Ices that are in good shape, but again that wou, r sep; sue. Mr. Kleck: 'asically, o r-e saying u to us at r fis point whether we accept them or not? Mr. Undo I do; it is qui,_ simple, I .rt I think yor rantrol the process and if you haven't accepted sm, ago ;ink you mu, ,save fundec them, you mry have easement rights over them. I don't thi, .:•u can :,'no yea , take ti s but it's not -reasonable to have them be in good shape ai, t :ct them E. a:nt rep-:r to be done , _fore you accept them if you have not already a;_ that. Mr. Wint_ 1-low . experience ,c you have .:eating with t. = Army Corps of Engineers and what experierr ou h. .. .eeing ho .; -ow funds ..re calculated ar eternal maintenance funding? Mr. Uncle • iii: I hay "„`., involved ';,:tie bit thrc :gh projects that are typically donated properties to Crew whs' . Crew he escrow e pint that set per acre. Other than that, I don't know of any others wt e there .yet process um familiw vith the Corps, but normally in projects that we are involved the ei rental corrs:,.'tants woui sake the lead on permitting things with the Corps or handling • use proc . Typically, :se funds a associated v. th the long-term maintenance of the exotic re :vat arc ,irg tho: ;going is tenance. T,pically, those costs are what the environm '-al cons,: they take :'' e lead mare than I would. Chairpers Stamp: - one yos ,r c to h.e:s us out of th_ Ft. Myers office? Mr. Under rli: Yes. Chairpers: Stamp: ;-ou, or ar ,u now, doir; any work for aylor Morrison? Mr. Uncle.-- We r ,robably dei ' some work"or Taylor Mo-rison. We generally work for most of the natio, builder. ' will soy t recall du,-g a project fo Taylor Morrison and I don't have any ongoing; -k right: h Tay,'cr 'son. Chairpers Stamp: "ity busine : The scor'l : sheet Jim go:e us has a column for that. You have any certij ation or = you emp :y or contract with that allows you to claim to be certified in minority L, 1:iness? Mr. Uncle Our, :ot a r'-ir c ti-business. .s far as working with other firms, we work with all the envirc :•rental fi. 'uund the 'r , •r. We are .?exible to use .vho the District wants to use. Chairpers: -Stamp: _'c ,a have an, >: erlence working with Troun, our new incoming manager? Mr. Uncle, ill: No. la ` the mainte- ince compan.i? Who is that? Tom Kleci< They are -- -iagement c'mpany who is going to be esponsible for all our management of the Esplar le Golf c. : ,ntry Club. <:ierything inc sive. 5IPage 16I1 Flow Wad, ommuni' f; iopment ct March 18, 2021 Mr. Una So, going tc : tyre golf cc rse and take care of the wetlands and the grounds and all c .' I ar emiliar wit. Mr. We: eyare t ';re place Goif. Chairmen p: C ;ues i ok;.� aN these pro. usals, I think everybody could do the job. W ,'d we oc? Ever, . :ras :',e irne certificat ons, and the narration is pretty much the same e wa h. Wl. :s you sta-r !cut from the others? Mr. UndE dor that on;- s :as out. Us engineers, 1 would look at it as being pretty be Your ,unity is pre :;r rilar :o -e developme is throughout the region. I think the other en is.; s tha rve—you hnsc.. •;ineering a dole Montes that I recogr,:ze—those are two r: rnos to hi s th r. cn. I think; really going to come dow„ to the fit with yo unk you like the best and who fits. I'm sure that the =r firm ua(ifie . .. Mr. War -I Mr. essick to Mr. Jim 1' ->i:k CDD fry apper :y to possibi• :;ovide District Engineering Services for Flow He ted he v., ;;e th' . oject mama?, - and main contact responsible for overseeir Prof District srincs Se :ces. He int: ced Calvin, Giordano & Associates, a smal' crdisciF - firm a:': provide many inhcr a services (engineering, planning, environs, engi Iandsca;: . :•,;tec; rr, survey, cons:ruction management and inspection, traffic ei _Eying, and con, mar t:_ s:ce service He indicated there were others available rreswer :ns. He rc _d the :C submittal nc_ing each discipline needed for a CDD were loci r in the office. He ' ::r:i the communities for •ivhich he and CGA served as District Engineer, .:ding north CDD, mar Lai CDD, Aqua .r_s CDD, Bonaventure Development District, a Indian Developme strict. I- discussed, tf:> work and responsibilities of CGA in these cor. unities. e sted he be,i.-red the sery ::es expected by Flow Way CDD were in line with the services ,-, e„peril .A previp ;;cider', stated the multi-disciplinary services p:-ovided by CGA wou t seam ail Flow CD. r e aicated he ould serve as District Engineer, would always =be ailable ely mannee is he wet; be happy to Nerve Flow Way CDD. Mr. Wirt. s asked I ich exper'.e Mr. h :s_- ,: had in den ing with the Army Corps of Engineers and how r . ch expe Mr. Mess: i,ad in the c_'culation and =:stablishment of escrow funds. Mr. Mess respon: had sever-- projects where he was the Engineer of Record which had wetland impacts. e noted -.ad e ,tal staff and similar tc Bank's he would be overseeing the environm- rtal staff ssisting is he permitting process. He indicated he was familiar with the permittinz, 'rocess. -?icated he as the client 'iaison for the Florida Department of Environmental Protection He star )r to mox i to the east coast he worked at a small engineering firm in Ft. Myers arn as ver ar with th=.. ' Dater Management District and the permitting requirements in Naples, Cc er and i_ nty. Mr. Winte s asked i'; e.ssick ha• v experienc in establishing escrow funds. 6IPage 16I 1 Flow Wv `,,[:runt eloamen ict March 18, 2021 Mr. Me.:. 've h _ ccsis ` would bE sed by the Board to establish future replacer costs s We ha worked al: ;gside, but haven't directly worked, to put thos -ts to Mr. Wi -e yc a:Ali,: nc manog-rrent agencie.: that might be willing to take over our extern;. 'e w rc;an fang:'; Mr. Mess ?:'o bt d be 1,... groan a' ,nning trying ,Jo that for you if you select us to be your Dist: Enginee is some t woui:. be right up c afley of services to provide. Ms. Jens: 'vlsrtinet ."): Mr. (;. . Bernard ^rho is working over there doing a lot of the field mainteno _e for sor he other C_ ,, he is faniliar with those types of companies and that would also be sc -thing ec - et going c ;~�.nediate'; Mr. Klee at e; :e have join; := :; nsition, vd'ere a CDD is new like we are, and the Board P _ s ar. . 'rl; rev.; c are a, going thro_,, a changeover or transitian from a develops: Li. wit` .r surprises, wanted- check and make sure you guys have the experience to handle ase and s as we!- Mr. Mess;: We ac •mere with J :- Word at th Wentworth estates CDD where we helped turnover and core'. e all of ,,_pe:c :r oll of C ,arious corn: unities within that District, alongside the Asset Mager over the fith, and the _ sponsibilities for maintenance,for all of the c . .s ac .o the 'a'. c, i acr : mewhat for iliar with that process and we have provided • s for a c is COD. Chairpers Stamp: .J on the ec.r:coast? Mr. Mess : Right r-, locate- . Lauder_ -'e in our corporate office. We have offices in Estero which i a work oc we need ing re:. rig. I can m,. sure I am available at any time. I have twc :Is on th oast, c: c ,:`_k t;e,7 on Fridays _:nd we are able to usually to work out those trm times c own time sec-use i am a 'er there a lot for them. I used to be in Ft. Meyers before I :red over rc' t t -r. there a is': with work, and 1 don't see it being a problem. Chairpers. Stamp: `or Taylc, ;on? Pa relationship? Mr. Mess . No. I c gave a rep . :ship with Morriso Chairpers. Stamp: have an, • nowledge of Ysplanade, where we are at and what challenges we are facing: Mr. Mess. Not :tailed info motion. I hove looked at an aerial and looked over the layout briefly, bc:i again if, . -e to selec: .a, we would start digging in a lot more detail in permits and any other doc: ,entatio tight have ^ct we need to familiarize ourselves with. Chairpers: Stamp: ty business Mr. Mess,- We prooc would not ;ya!ify for tha`. 7 ! Page 16I 1 Flow W!'a'. nuni ;- iorjmer.t t,ict March 18, 2021 Chairpe:-3 ;ng with o; new manag:ment company? Mr. Mess. •?s, w , ,_ . j Na'c` Chairpe-, mp: • —roan Mr. Mess . i,of m • ._-:gym an c;set side if'iv:: rave worked with them. I would have to get be•:: ;,ou tc on that. Mr.WE _;ted • :o,.no .:;rgineering, arias Robaina. Mr. Ad-= aina onnect ig ;t - he woul: H the project manager for the District. He stat:: ey C n ' Do oer,z also press. He stated Connect Engineering was a small . :y firr cscuss: 'ificatic; and the qu ::rations of Connect Engineering. He stated Co c.: Eng was a c e igneering company with experience with FDOT, municipalities and the is al:c sec stated : : - rig had grow in the homeowner's association and condorn r :omr • sector .r,-...ade Co act Enginee i,ng uniquely qualified to work with public co ities s.:;s:e' ;rcwth o= :.nnect Engir -eying over the years. He indicated Connect ; ,Ieerin.: , call ;nr-; a day. stated he derstood how a community worked and how Eoarc r•c•..rs. He ;:. icated Cc' act Engineering had experience with permits, ions c. mar , char. _ .rders, spec assessments,consultants, etc. Mr. Roc; lever< }Juced He no.y.ci he would :erve as a Deputy Project Manager; howeverBoa.• ; in'.-. of would -amain Mr. obaina. He discussed his various qualifica He nv E. nr,,ect Eng '•.?ering had a `sli understan sing of client services and could take a Board's v. on and L. it t to fruitrc" He noted Connect conduc`ed its due diligence and would bring value to „ Way. oted Cc. was fao, r with pc involvement, understanding how to explain ;;. in IE terms. .;.as-:ced`:hc :"•D for the c; aortunity. Mr. Rob: a statec tact Engirt r'-,g won -tracts with he Village of Estero for continuing engineer se:vicer, the Town Myers -:ach. He in: ..aced Connect Engineering would be very invo a with ti sanity. Mr. Wig:` s: Do ve exec working ,`'h the Coy,_ and establishing escrow funds for perpetura- oi. tena ',re you • •v.• with a and manager'lent agencies that might be willing to take our G acre • ves? Mr. Roba --a: No, v rot have a-; experience out from what ! understand this is one of the things that i4 need to r n. Mr. Deve : With _t to expe ---ce, we do nave experience with respect to the Army Corps of Engineers .,here we 7c :: done wet;-:a mitigation; on several projects, however, when it comes to the land man:.;ement c c io would cc: taking over the district, nc we do not. But again, we have the capability' f assistin, c. doing the r-<_'.,etirch to assist when it moves in that direction. Chairpersc ,Stamp: :Ding t ;die this out of the Ft. Lauderdale office? BIPage 16 1 1 Flow Wa-s„. jmmuni March 18, 2021 Mr. Roic Jo, w-: n;`; NT an ode County, :i to 40 minutes away. Chairpe mp: ;; <t Morrisor Mr. De . we Chairp: : -mp.. ✓, :dc, :,Wade? Mr. We coni -e._: a: 'ng well. I see'`n not even on screen at the mc, The C s a: he e pr_je or done any behind the scenes work regard this :to Mr. Darr -c enbe .nect E :): Ws ave done ou research. We have not been to the comma, ` sica hu ur .. i;gence. r✓ have looked into the issue with the preserve 's so 1 :;ear s, -,:king with `: = District as soon as hopefully we are selectee.. `s sc iai n = led thre c project handoff meeting, doing a mainten; Dery he .ence v1. ;Filar corn .pities just like your own. Our office is not too jc unc e ne_ , cc. `y. We ,, a- -stand what you are going through as far as do- orient - r->w c .c s ar as doing ec -due diligence, we have done that. Mr. De e do c d t, e .v o, r.;; , purposes cj the District and one of the first things of cour.:,-z fina t also tr• rc tructure rich is going -o be required for the golf and country club cc, ant s,rne . . lso to N. ice secondi;, tith the infrastructure that's going to be nee: . appc Arc. ,.Nally to pi_ :+.e the operation and ultimately the mainte `the .. :y. tha:a:' all, that is th purpose that Flow Way is looking to accom Mr. Wa; ited to _ esent. Mr. Day, iidt v e, Mcr ` ,c,sscc;e - stated he been with Hole, Montes for over 10 years arc south F or. ove" . s. H pied he was ery familiar with the area. He noted he was ,vi' eng e out was 7 Iticliscipiire:: in the civil engineering field. He discussed his experienc: He not, i =,lie Krecs .as present EL: well. He rev ewed a brief history of Hole, Montes and Ass: `es (HN a of t`e d ,g firms southwest c.orida. He stated HMA offered civil engineer: service develc;:-. it, utility v•::rk, transportation work, surveying and landscape architect': He nc :MA woe lc -irg in specr.':zed consultor s when needed for services such as electrical. ;a indica r', 4/A was s', nay serving :approximately 1.6 CDDs. He listed some of the CDDS HMA pro, ed servi s `ncludina ;d'er's Creel. Lakeland Community Development, and others. He asked Mr -ebs to s Mr. Char' . Krebs st: o was a ,c;\ 2ngineer v✓1.:, worked out of the Hole, Montes and Associates Ft. Meyers o' ce. He st: tc lie worked 7-th several diFtricts in Lake County. He stated he worked with Mr. Ward for veral ye rs multiple c -.lmunities. He stated the first CDD he ever worked with was in Estero, Pe :an Sour'=. i 1996. He cc! he was still working witr Pelican Sound (River Ridge CDD). He stated Ha Monte: a, , Associate:- . a longevity with the com:lrunities it served. He noted he had experienc orovidin ti- services n ied whether t be engineering, landscaping or assistance finding contracts to do v ?t° . d preser.< .c~c or help with water quality. He stated Hole, Montes and Associate: :new the -e '..ices ava. t i i the cor munity and knew how to draw said resources in to 9 ' Page 16 I 1 Flow VV.,: -nun ;, March 18, 2021 provide - ..:s to ac tes and Associates for 27 years. He indicate, had f.. I t Mr. Win:-, `low • hoe th establishir escrow funds and do you know any land me ent c _ wrfirr :c; take over external preserves with the proper funds? Mr. Schur have --: see,; inve • establis",ing escrow f r.nds for environmental needs. I have been invc vith g r.;unic. estob%skiing a capita mprovement program budget which would !c :•`) the ::;lane cc _ also in`; the future a "ttle bit, so they can be setting aside some c,' mot : _ me = : .. tha: I - ' are able complete some larger scale type improve. withc ;; to g: ne:e y. One of: 2. districts has water and wastewater facilities s'•ey do a. soore sps need: • far as makiry sure they do have funds for regular plan imp- _;rents c re ;forth. Mr. Krei. the have s ave c _d with env! ,mentalists to come up with those escrow s, de -,Y the 'c -our.cs, ; t they are us. ;fly the lead. As for finding an agency who wd, will take eu manage,--_nt, I know have discussed it before in other commuri, ,gut ar: `v have . c'y co.a: -ward and sc, cliey would rake over wetland areas and relic :he CDD -t burden. II can't say _T have been s :cessful anywhere. Mr. Klee u gu had a :6eriencc rth SW Flora you know what some of the builders do in dek '7g a -y. cl-a'-ages 1 thin; act we are going to have here is, in addition = pre 'll be :es an:r `s waterway.: that right now ! think are critically mismanc, or take e o; to the in,:that they are becoming swamps again. I want to know if you have any ,-4ence hat your c:h wou'e 37 to alleviate ::hose issues in our community. Mr. Sch.- We'c ith t: same CDDs, espec ally some of the older ones who are having t eros ::rr. We -..re a: ' =look at diff _at ways that we could mitigate that and also r the , brir, ack :at they had :en before. There is also the need to make sur. ,cu are ra:rig t' a : forth and making sure the littoral plantings are maintaine Mr. Kleck, 4 lot of -?e sue as I sae a are the ia;<: banks are a -liner part of our problem. The lakes when we wed her rr '01:', the �r, the c lity and the c amount of open water, was a lot more signified), can whc aday. - < :'ere has ' en a lack of cintenance on the lakes that we are going tc ave to p ch up •,: . are of is that some;ping that needs an ongoing crew or somethinc :;hat can 'fated witt -egular maint snance? Mr. Krebs As far c s : ter -'nanag:: -ent, we wo-, closely with Solitude and other lake and wetland providers help wi ter quality, help with maintaining alg 2 and littoral plants and improve the clarity of e water. s he District aineer that would be one of the goals, to work with whoever the lake and etland m. - -once corn_:n; is to resolve any shore erosion, to resolve any water quality issues, the are in th manager-ant system. Mr. Kleck; wou.d t able to afire us to those management ':ompanies that would be able to take care of th issue? I: orrect? 10IPage i 6 I 1 '4 Flow Wav .ommunL [ 'eft men[ ' ,rict Maros 18, 2021 Mr. Kra-: Correc . e :ave =a' ..ritf over the /ears, and we can provide contact informal` c cd star ,!a win Chairpe,.� Stamp: h office project? Mr. Sch ,Je w ': r ►g of the Nape,-, office. We are ten to fifteen minutes away fr.. c: at th .'22. Of we have and ma;: other resources in Naples and also in Ft. Myers e a the . yens of,`.-c :?rc babi y .)e ,:; than a half;:..or away so if we need to bring some resource: ^,_a there :o `ave able. Chairper.s Stamp: -c you ever, -re you lour :.rrently doinc :,vork for Taylor Morrison? Mr.Schm :: l am n . :.-e ;f c:. _: wen' ; Taylor'Vo;:- :or,. lam not even sure we have done work in sr po.-rt for r<: • Chairpe.s: . Stamp: c = e Jevelopmer. . 1s there anything you can advise us on? Next eps or pi Mr. Schn, One o, , a;i+ J../ def get up to speed on is the .ending litigation and so forth. Ge ng famil ,ur n,' its,=`f, is the key ::king, getting familiar and helping you guys our ,err very > ` _ s. rmunity one the important things is making sure that regu r inspec do the facilitie to make se they are being maintained, being proactive ;here is f r e ti;a` ..ids to bey ale •led for. That the budgets are there. That you' got the "r:: c ±ose ,m:: gtenance ite, s. Chairpers Stump: .on _ 47agement; rnpany? Mr.Schr- Idonc a -ye; ` .vitr Mr. Ward :dicated reser va: ;ohrtsc ngineering, Andrew Tilton. Mr. Antix ' Tilton ,on •, g sve brief histor. Johnson Engineering no 'ng he had worked Jo;inso: :,ee ing : 1 :6. e. ated Jordar :arble was also present. He stated Johnson gineerin : extensive ,perience ' 'bking with governmental entities in the State of Florida i•z :ding be : City Engl' for the of Clewiston. He discussed his personal experience which six neci four :Je c es in sc Flc.r:da. -.oted Johns( - Engineering was a broad-spectrum service c np0ny N. exp rienc; v'ater, se er, stormwc.:er, roads, groundwater, landscape architect! e.ectri' gineering, ,ironmental experts, permitting, and water quality improvement. He indicat,.d Johnso w.::-ked for o. : `_wo dozen C:)Ds currently. He noted Johnson Engineering had a number pecialist. a taff, inci a penthe . cia ist. Mr. Jorda Varble .ohnson En- eering stated he and Mr. Tilton had expertise in surface water permitting; and desi . e discusses: local regional watershed :fanning study he and Mr. Tilton had worked o together I- noted Johnsen Engineering's utility groups were working with Collier County regarding le lift sta':ion in Collier C: ,ity including the lift station in Esplanade. Mr. Tiltor ndicatec iae .inderstocc. ow Way he: ongoing litigation; Johnson Engineering were not litigation cperts but h. done expe..o testing for Bond validaticas for Chapter 120 hearings and had 111Page 16I1 Flow Way ommuni March 18, 202` served as xpert wi- a er coy :a relating to past work or problems which he been en N .c ?nson E ,sneering had a lot of experience with Communi DeveloE :ric_ Fier: a well as t .. Tampa area. He explained Johnson Engineers was a r. c ine , r.o vvc. . provide the )D with a single point of contact and would br' ; the exr :: _ de: pr He .stated J' inson Engineering was established in 1946. He dcated` ar.c; . 'ow U'da} ';'D were in Ft. Myers and Naples. Mr. Wint. s: '-low sr:: . :u -=aiing with = Corps and/or establishing escrow funds, on car you 2. nc na e: t agency .eke over the preserves if we get an escrow f c es`ablis c Mr. Tiltor Our em rental peop:: have a lot o' experience with the Corps. Sometimes, it takes a long time . deal IN, ps. ;;: .,sec' ;,�- roject that 'oak all of about 14 months to get the water me -rgement 2 it and abcc 42 months ts, get the Corps hermit, but eventually we get there because keep we them dowe his far as re'..frig to find an agency to take over. We've done that a couple cc'es. I co;: yam:: ; < .'c : ouki li< it to be, so I am not going to tell you that's a ink c c , pre,. ;an '1e, ,vork wit;, t'. c. The Conservancy or somebody else maybe r; ccred it with .. else t;: ;they are Mr. Win _ Do e, ;cc 'cuiating es ,row funds or helping to get them establish: Mr. Tiltc: ter:, hay xr. r t 2 . .; ajects a establishing the cost and evaluation that gcc. " :c tha t c sic of tho., things also have a major financial compose era IOU v 2W, so been c: :es :hat hove teen part of that process. Chairpers Stamp: we ylc- fson? Mr. Tilton Our corr ar r"have: sly .7'with them, :gut our company has in the past. I've talked me recenti, c'eve ru: .�c.'s dealt tb them and one, we are not working for them w, and t: si bn er; ey don't hc, e to work them in the future, they are going to is very hap Chairpers Stamp: er jack ;c:, :. 'eed for Flow i 'ay CDD. Could you tell me what you did for th& ?and when) u did it? Mr. Tiltor, I think that as probaL,' mis;crini. Ec, as Jordan r :e ctioned, long before it was Flow Way CDD, we : j do the : o' 'ing in the , i believe "c intended t_ put Cypress CDD there, and not Flow Way. Chairpers Stomp: asrience ion - Jement corgi:;Ty? Mr. Tilton The Cre on,zation, have worked with them. One of the things we did with Water lylanagen it Distric , 7e early 20 ' s was when they were expanding Crew into the area on the east side of B rita Spri: s, north your ccm.mw-iity. We hod done the initial South Lee County Watershe Plan, an. ,s • tgrowti of that, the `v later Management District was acquiring properties, some of v ich had to g -hrcugh c a. ,oe.-ty taking and we worked with Crew and South Florida to help them thrc 7h that l, 3 -ecess of c siring those cc reels. 12IPage 16 1 1 Flow V''r: T. March 18, 2021 Mr. Warc ated c ec :is p of the hea-ng should be closed to continue. elib: Chairpe•s -Fmp call to e :)w the CDD Board to delibere Mr. Ron ;er thani gi pa pre,;. :,ns. IL Board s oussior 'n C, Mr. Ror • !_r: I ho c. , .cou ad 'c se has worked with these people in the past they w: r , Mr. Warr Other th r =:a`-;ht am old s_.e days, I have now worked with all of these firr Usually f:r rem 'r >' irhe;`' The firms lam most familiar with currently are Calvin, C daro an :-es c, "rat ad .+', tea ,s:' ied what is row the City of Weston, from a ) to a C . •`'s a-ity v `_, them; it g.: :: back more than 20 years. Banks Engineer Hole, r i hove kr'oss since he was 20 something years old as Johns Encinee s:. L': tricts that I :,anaged at that time. Hole, Montes more rear: and :esser e;sent on some of their projects. I hate to provide recommer ations tc s use ' your d_:ision. l will work with any of them that you want. I think fcr, .r art, I w :r. _elf ya :^ink CGA eery good firm. Johnson Engineering is a very firm. t,; >s `` •_ .articular.'y ink are the better ones. l don't know anything )out Col : I c' • - i Ju f y are good, Mad or indifferent. Their resume is impressiv can te. t , , :2d is - 7 impressive resume. Banks and Hole, Mantes, are also gooc: '-ms, but -s_5�r e-a_ 3 _red spc ',hat/know , cu need for this project I think one of the other .71s wour c,. b rte" Chairpe , Stamp: o 'a: < _ t.e are :;n.ng to hire `n, Giordano as the field manager. Is there ar:;. conomy 71 -• i d QT.? : ,cm a leg up: :oordinate? Mr. Warr l don't v. to ;:_ `here a ; ; up. It does , ravide some significant hell) to me on an admin .rsiress it cf coorr_ .t,o-; of the c ;y-to-day activ`ties of an entity. Now, CGA does field managem:nt and engir :gyring servics for my CDD,:. CGA also works with Hole, Montes on one of the CDDs tha have wh ' re the ". se: Vlansger and Hole, Mentes is the District Engineer. I do find it much eas r to have ,, ;;erson to ;.1 versus 2 or 3, and it also is better coordination within the firm itself if tl,. ' are doi. :h sdes = ecuatior. ;ole, Montes :es not do the asset management or field mar. ;ement s tee wo �GL. does. the next iL a on the Agenda, as your Chair had mentione is the flu I recomr; .de:-.; the fie'', nanagement or asset management side of that, so there are: 'me symr. _l(..rtions": 'get when having them in both seats. Mr. Kleck: )oes the ccc . on of their o ,7ces matter? Mr. Warc No. The b a monagem" it offices are here on the ;r-2st coast. They are based in Estero, if my mem; / serves _ The actualdividual her lives in Nap 2s that does all of that. And as Mr. Messick r I pointec to ;ou, i . e -r have a problem with the:rr if i need them on this coast at any time from ,o engine •it aerspectivs 13 I Page 16I1 Flow Way _ommuni. .C :eoprriera March 18, 2021 Mr. Win:: =rom h'e d p: '; _; y one of .,,:: firms and they would all do a good job. The -e oil qua hn ;va ry s thense s, in my opinion, and i have based on my ques.` 3 bic: c: f he 7d post :: eence with Army Corps of Engineers, and/or e F!o;.hing rtrs," es, and/o cki.;g for I,Or S manage.mer`agencies. The two that stand out to me are and Erg , viti r i}.,e a i ': 'dge to Calvin, Giordano because (indecip,' - ) Br. - : gh li:_ .isn't on t'; :all, was recognized by one of the speakers 1ru.ing t :`ex:- in.;:co" .g with ore •:d management agencies that might be willin_ ;e or, sse st reas::-,, I guess I vv. ,d put Calvin, Giordano in a 1 position and Johr; Engine in the _ ssition, Also, for ;-easons that Jim stated, as Calvin, Giordano l:l give 4 .one ef" -he .'c. fuss op<rc Mr. Ron ; e,: l he N, and ed ;t . and Banks : #3. By the way. l know I didn't ask question- : .. did I,` pre -dons arc'k ;`came to the same conclusion that Martinn c ne to. 7 ~noecr . ,III aua';);sd and scme oat homogenous and that led me to asking Ji: r,3 hac Mr. Klec` '!'y first c : cvc Jid seco choice viou be Calvin, and my third choice would be Banks. Chairpers Stomp: v.c•' nuw '- :7ivin 1, Nc,l_ ^.4ontes 2, Johnson 3. Discussio -ontinue he of the ' g veering Fir s. It was decided the ranking would be as fo ws: 1. 3 Giorda Assoc: es; 2. Hole. viontes and Associates; 3. Johnson Engineer C-n ` ?Nmade s Mr, Torn 'k, seconder` by Mr. Zack Stamp, and 311 favor, 11e nginee _. firms were ranked as follows: 1. Calv ord:sno a ).1!: :ia+:^ ^'e 'V n 's and Associates; 3. Johr : ngineerirg Ill. Cons ...shn of of Agree;-; Mr. Ward. There ar .nays to Oa :-is. The Sta' -`e normally says that I would go back and negotiate with the r ranked id bring on. areemert Z:_k to you for the April Meeting. If you would like to circumver that be: these are - ` .:—:ngs t,c save never L�?en written before, I did put in your Agenda P ,<age a standard _ Temen:: t;ic use, and most other firms use, with engineers and CDDs arc d the Stc you would , ce to approve this in substantially the form that's in your package and then : .'ow me, : ( the exte:.t . sY need Woods, he .,.portunity to make any changes to it, you may that or ;finalize ti : .s.;ore tbe. ext meeting, ,which is what I would recommend to you. Mr. Winte We di 'k about ec:nomics with ,_hese proposals. Is there a material difference in the numbers tween t1-c)i .cial aspec if the cost of these? Mr. Ward. No. The ,s all have standard scr. dule of fees:or whatever their engineers— there is probably, "ist of 20 ' 3n all of eir,fee schea:.ies. They are all generally the same. 14 Rage 1 6 I 1 Flow WE smmuni eiopmen March 18, 2021 Mr. W17. wo ':7cse we e r, and to nego .-.te the conrr:cct based on what was provide: : Age, On _ ON made. M:a; ;+ Winters, s. conded by Mr. Tom - was authorized to neg. a contra on -,n of Agree•dent provided in the Age FIFTH Cr - `: F Bl tion ra` :reement Conside )f Ag -t`with :_,rdan:: Associates t provide field management services Mr. W(-3, . rder `s the f;:;: _owner's association to the CDD, this is the fa _gree t f r to do . et. If you choose to do that, l would suggest do _- the) - ;srons wit'. homeowner's association which I know is ra sitic _ a lly ,a; Morrison individuals, that are now represent by indr z 'rll glee -:r a step up to have that in place in case yob s to a Mr. Ron, c We :=a at ,` <-_. (7 couple of -les. Where ' am on this, ; think we would be t serve ue ue M;e -IA/CDD -:c sot at least anti! we get through the transitic% iiici"7 we = vc un 31, and ;.: haps even extending until sometime after the thoc s is hair r .sr for rr: years and to me it's kind of making (indecip „ie)elec a )s e yo 7e e'ecc .1 it's irrevocc 'e and you can't go back on it. I don't see any•:' .'7s-de in 3 r,g the t or into the f: We don't know whether or not a surprise a two may -,r -r this tra;. • eeriod ., :ere the HOA .-till has the vendor responsibility to do mainter..: : c 7 eve.. c rid the :tea '_ Mcr:lso. who has done all of the past budgets in this re! 1. So, s no._ at th_ giant a si;..ation of the 'TOD versus the HOA. This is a bigger picture si 7tion of t situatic. - _r.e resin:: its of the coy pity. We are they. I don't see any upside 'r iceling i.` : -nd just s pray . :t a while ;or_ Chairper: Stomp: do you t 7as an: .npacton the ;,wsuit? Mr. Greg gods: I\r_ / n.';:think can cc- ::n,ly wait anti the homeowners are in charge of the HOA ono aluate it -t time. Mr. Wir:. To me c and the o it is, if the COD takes cc ntrol of it we might get better service. The con i_ ?at if we xk t over, we -ght be inhering some oft e maintenance that hasn't been done that shop,. be done ac couldn't br_ - expense b t should be Tc;lor Morrison's expense. Mr. Kleck. agree w h :Yt and I thin :iat our attorney should pe-haps make that decision for us. Mr. Wooc I don't c:al sny decisio- :t i your c;'.vision, but you:r attorney would recommend that we wait until -e new H'A and is in prc 15IPage � 6I1 Flow`^ -nuni ct Mar:n 18, 2021 Mr. Re, At _ 51, j and on th :,ecipherable 1:26:29). We are they. We she sake 'k toge` with the HCA Board. This Ita. amo SIXTH C F Bl Cor..:`aeration of - edited Financial Statements Conside are of AL it, oci :rents ::r " s..«I Year 2C7: which ended September 30, 2020 Mr. WE : :ated ra: au ; r;d ,sociates wa' present via telephone to review the Audited al S - ?e the r a �.`inai St-a. ments that should be accepted for purpose 'usio • ar_i Mr. Tor , :as wits wi_..e he Audited -lancial Statements Fiscal Year 2020 ended 5a :griper 3 . le a , ft opinion wa_ un page 1 and 2 and reflected a clean opinion spec = per; c : disclosure_: of the CDD. He stated management discussi -;rsis . : •;nci a ,ty during Fiscal Yea-. He indicated page 4 reflecte: ,::mar on hi showed th . assets and liabilities and net position including i;al as 'c : . : aic.': d age 5 sho ..:d the changes in net position and compare amour can the \'asrs; e • .nge in net osition went from a loss of$190,000 dollars s of dollars :scal Yea ' ; 2C. He repc : d the government-wide statements were or anc s :-as t' in:`'-� n as in the -.,anagement discussion and analysis, just in r': tail, paga ec r,e a:'vernmentai 'unds, assets (cash and investments), and fund 3larces, 3.2 millio ;;1z in tle : ebt service f'.nd, the capital project fund had $1.1 million C: ...a and t e:-.ji funs d ,anprox ;naiely $366,000 dollars. He reported page 11 showed the inc. -eme s awed ap.aaial ass 3.;sments, rev: ..:es, expendftures, general fund, and debt sery _. ie st ge 13 b the notes The financL statements. He indicated the notes were sin to the ,al. H; Were WE a no new acc.runting standards which required any major chi ;es to th 1,was the su: nary of the capital assets; $23 million dollars in `r asiruct ':l- 2. : .alla-s ppreciation, and a balance of$20.4 million dollars. He stated age 19 r a descr ; :rn cf the dif?=arent bonds issued throughout the years. He stated page 20 r' lected t` c : nges in tip: :ebc for the .principal paid during the fiscal year. He noted the District c d appro. y $31.5 r :aolla s a_, f Septembe- 30, 2020. He reported on page 21 the amortizat sched. .. .ved how :.,ch debt we id be paid o"' per year for the first five years and summariz'' in five-,,.a ncrements. -le noted the"e was a disclosure on the litigation. He stated on page 22 • :s the b. ,'g to actual indicated . ,e remainde of the report contained the various reports t aired un_ar ;overnmenc 'editing star.ands. He no-.ad there were no findings and clean opinions. asked ' i_i _ were ar', esf-ions. Mr. Wintc : Your f a on litiga' 'n scys nonwastirg escrow fund cannot be determined at this time. hould WE S. :oking a co - -gent liat for that nonwasting escrow fund? Mr. Grau No. Ths it works c contir ' ,cy is, it's recorded, and this is subjective because obviously we knev e -tly what as, and if rt 'as a liability it would be recorded, so there are two criteria. It is prof. }b that the e.'t - has occ; and 2) it co:.rld be reasonably estimated what the amount is At this ft is not pr: sable and c: estimate the amount, it is too broad right now to accurate': =stimate the first c `eria basics a, as long as he land is not turned over, then you 16 I Page 1611 ' Flow Way 'nmmuni'; ` elopmenf . r-ict March 18, 2021 don't hc. a estabi , r point is asn't been :: ermined whether that will happen or not. Tl . -e thin; v.,Jald re.: :ae neget rted; you wo-, d have to come up with the amount. Let's say at in a ye ,.r, now it does apen, and we negotiate, and we know the amount even afte . ce. year is ; t::•_,1 we . :1oo1<it. :.es that help Can you hear me? There we echnicz i'.S:s w;_ +i.:aio :o. oxmat�iy minute. Mr. Wie But if r: to ,.'c t;ansfer land to a (..• oper land management ag:_ncy there would b c escrow -cc ai-ec m to accei. the transfer. Chairpe' Stump: ; :kc it with:; cone. Mr. Ron .-er: In r r< y 'a g oat there maintain the preserves in perpetuity subject tc ny chap. _ _. gc: ;c r're CDD wig, c hammered with that in the future. Even if t -. is l thir :L. c of dam ;es, those day rages would come over to the CDD to fund that ability, b ;iebility i_ . 't is mcr . of a situatic: due to accounting rules that require you to r ;.. anize the cnn F. %r the bee. . cr.-put r -e financial statements as a foot note or do ncr y. Who - coring is . -ase it is stiff ,ague enough that there is no reason to do anything at this tir bet the change .`_,, tame we ._t to this poi; `next year. The only solution to that long terr old v ^e cis - 7E_ ws ;hat are jug gable, is that this Board would then have to ,e re Co we assessinc :e residents `cc something we think is not a CDD respors -hat f, 'ou_; c 1-there Chairrrc a: V .;._ody c . :Let. = assessing ::m for something that we think is not a CDC )ility Mr. Rcr. But . C r'tenr; ' isct:n is gig. Chairmc n: i, it is any c'i,`:-rent than an government body that knows it going to har._ 'tale, -ve ro r 'ntain the str ets out there forever. They have the ability t: the h ? :i'ity of main;_ firing the streets in perpetuity and put that on t, .oks c Mr. Ron t ler: But jumpi. ,c a: :! that the Bc rd would approve a motion to tax the residents the futu .amethinc some B 'Members r 7ht not approve of. Discussio -ensued r = '-ow r: 'tai:c ng the eserves core. Jared to city street maintenance, and liability yt ;us non r Same s conven e, _.1 was indec,)herable.) Mr. Wirt.. -: I think Sr "visor Mt; _ question is. what are the accounting rules regarding booking a potential ability, ar ; ar that it :o vague to ;tgure out whet the mechanics are of estimating the amount, c d I actua, nk the mec rics of estimating the amc ant are fairly straightforward. It's the annual cc - divided y vestment ,. s of return, which the Army Corps of Engineers has historically always us 2%. So, -r 's the der_. ',ator ana the numerator our annual costs, so we could in fact recognize number, =v If it is a ro- of numbers. I guess what "m hearing is that the only reason not to do it is at the ev .. lity of this co vague frt. ;i an account'fig standpoint to recognize it as yet. Is that corrs: -? 17 I Page 1 6 I 1 Flow VV= omen' .-irt March 18, 2021 Mr. Gre At ever:- c ;ring that :uld trigger that, the liability has not been in ✓ou r. ti ;: > tiered. Tie gger is when the land is transferred. Mr. Ror it a -e been tray. 'ed. Mr. We y frc Mr. Gra%:. you 'ike yoc :laintain the . .nrnon area, that's something you do every ys 7 the .21y' . ar becate3 e not been incurred yet. That's just the way •s. Vl are :v. fables. ;7: . .•ent has not occurred yet that would trigger `i det. : have up wit,: `re annual maintenance cost that has to be age- .:ion c _ `low, ye said that the used 2%. From reading the permit it did not it it ... d_:`•_ ned. If i.3 then it is an enormous amount of money c.. _,.?d tc bu`t` ,ver the disc ;nt rate, then the higher the amount. Mr. Wir. ' That's c.:, _ vith tin Corps of En ineers. That's what I was told by one of their eentat, c's ecc ::i,ody can r: `; agree on what the rate is and the rate flue:, Rig! e C 5;',' 196, so the 4 .:'ps defaults to 2%. Mr. Gra: ~h, bu ;: neCarie ce arguee, ecause if you are funding something long tern;- " a per c; t:;c -r. lookirr •Wore at like i e 6%to 7%. But again, it depends on what gee. • to the-e :' it;s. Mr. Ron I we e `y con that 6% c 7% is not eve.i possible because I have taken a look at it, an: ores C3', ;-ury'i:'i Mr. Gra;: is lot v :ould itin, it is ,, .t they could ',vest it in. Mr. Wa I th ,r analc ; C. Trey c Lasically the s:me at this point. They act in similar fashion -. do, _ r irvestrr: may be a .'.`:'e bigger, but basically the rates are the same. Mr. Ron Net sss, Florida c e'nment ?ncies are re tricted by Statute as to what they can invest in, -7at's ,''y treasu;-i •ates. i think you can probebly the CDD's or money market funds, but base •iasur Chairper; Scamp: 'e were -e-ring it ; somebody "se, they might not be under those restrictic. Mr. War: :or'ect. Mr. Ron 1 7er: if al •untant is : r- •ng that we Need neither r booking liability, nor even a footnote, if those an the accc rules, i a 'od with that. I simply we .`ed to make sure that our accountant was aware .:f our sit ' so there .:d not be a'r oversight of t lis. Mr. Grau. ,Ve base: 'sc iosure • r; what the e-torneys had le their letters and updates. There was no amour crovidec ;t what .>nlc•sed, bee.use it is unknown. 18IPage 1611 Flow Way orrimunit., _. ;opmer ..: ;ct Marc t. 2021 Mr. War ` ou ar.- with that; : > .4 ask for a :notion to acc_ot them for inclusion in the record. ; will finaliz hem anc file them :'; the appro -fate regulato-v agencies. On ;ON made :4 Mr. Ton- deck, seco;- sd by Mr. Martinn Winer; and all in ' for, the Auc tad Financial Statements for Fiscal Year 2_1 0, ended :,� ember 30, :020 were accepted for inclusion in the SEVENT R OF NESS Sr: Reports Staff Repo 's I. Distri, :•=i•orne, oods,Wei- ,;miliier, Mic cttii,&Rudniic. Na inee No ill. Distrri, :Manage,. -. Ward&Ass :.fetes, LLC a) Fir siae State =. is ending? , :ram 31,202'.(Unaudited) b) Fi Stat rdi;:c .a-j 2., 'i_ (Ursaudite;. EIGHTH C ('ER OF E Ag' . 2ment with 71OA and District Agree; ;.h ME iomeowr:: ascociatior. -nd District ii-;ntinuing Item until Final Decision) This I s: ontir NINTH OF cR OF B1,. . :SS Dis:..fission of Preserve Funding Discussio°: of Futur : g or P. _•:,erve Mitiga`°on and Mairsenance (Continuing Item until Final Decisio This Ites sntir TENTF° - 3F B 'ems arne 19IPage 4, 1 6 I 1 Flow Way nmuni` _ :iupme March 18, 2021 a. Con '.dint red. ; Cwnerr .rid Mainte, .once respons::rilities for the Main Preserve located wit, be es o b. Dev _r rel n of Re: . 'Nalkwav ite to 10(II) (b)) M . is: file {. " : for Morris. -,as filed a motion to dismiss. Fairly star pros ;ie a:o .-,;s aid the ' :.: nical requirements involved. Our gen ositk _ s just o ^patter of mee ng requirements. Crc S -i:nk their c:'•,,nces are? N~. is: I ;a be r: .ed with lea, to —a judge would not d;s,. it in ti i it is cl.a : up the plecdings, so to speak. The judc .,Id gr DC : . or of— ;._ . rg the judge says "yeah, i think they are 't on th Chc -ion Si : us up tc c; on Tim Ho' :rid the HOA? Mr. :is: with 7 ,.co; he will ;-Daking an appearance shortly in the law :ssur sues wig gage or s':. _'.h'ng like Tim Hall is in the lawsuit and they w,i! ci ably otioi as tic. : .:oat is st; -id procedure. I would expect that sho: The ` spoke ;ylor Meg' : an's counsel .-Ind they had asked for an extension regc the ';i the „r 14 Board t involved. ; agreed to that extension to whatever data BOA subsea: : Taylor IV r- son decidea "o retain an attorney for the HOA. An auto ap in :y th, cil S i he has f: T _r motion to dismiss the HJA. I have no •hy c i that. be surer' h if they coui.'even get a hearing on the motion to disc :s. If th a hearing the motic o dismiss h:ard, by the time we had the leave to am• the HC . ci!e tt. ,et and,c ore jump; through— Mr. an Miller- are they c :g that? Mr. '':,-,cds: ,d g:: discuss/or. with the N attorney. st keeping each other info .=c'of is Chc -on 5 .'r st so mne knows reg, I and Decipherable) and Dave Boguslawski he :. som ca,'/s as 'Indeciphe _ae 1:49:30., :all it the trespass letter. Mr. :is: spass le:t.r cnr out. =ceived a response just a little while ago which I will fors- -d to lin- 'a':g anc r`.c rt of it r their response generally doesn't follow Florida law, but assent/c s toe dev r '-ad an ii vernal of the l-^..;, in the Declarations, they have the abii to mot:- ` -7gs and t,� cart of this: s, but it rear does not address the fact that the pro, :-ty is no ''DD's pm y and not HOA's. That would be a significant flaw in their logi: I will shr a t with ycr. rid we will ar oft a stern response. Cha -erson Si-ir i was ha -g that Dre.', or Mr. Cook were here because if you look in the pac I had atact hir rut the brio,a, the bridge probably a legitimate thing they had to c • and ask -' , what arc -:;; doing, arc' why are you doing it. The response we got back 20IPage 16I 1 Flow W v y --nuni elc c rile March 18, 2021 a, they c'a': _ re ,:r,. its; they v, . into the buffer of the preserves. I loo,• `a:the r . In '!dia - coy bu1r id they retL a an easement over a buffer? !1,r- is: If ;.' to car vi h South =',Jrida Water Mianagement permitting t;-_ teve - , v,..,-; ,l; .5e to cc. .act Jim Ward, give him the plans, let h , whc - givc cof of insu. _ cc, all the standard things you do for y'' :..hbot T`.:; oohing. .y just said, ,,are we go, here's what vr= .' lg. rri,r:r,. .,pas _acs kind of _re we are at on that issue. P .ers: _ ;Ic := -nec rw;:. a lock at tt: -idge to see if it creates any— we've a, ,: _of a a ;cs - vi:1; i.: and gran :;nd everything growing in the pond. D. mak r :-a.r _ Jo: or ma :xpensive that we now have a bridge tc yin? or engine,: :g plan of this thing to review. No a,... wet _ -3. -• -so 7 we a: ;'t gotten their attention yet. I want U.. - , -r act th r a. ..-'en they ed to accept these preserves, should tice r Mc .alo, recuse er-,selves :r, the vote based on the Ethics Law tha ;,_y shot tc cc a 1 . ;.ena,`.'_.: .sir employc nancially? 11, ,-. . c 1s: T e .:c is T':c quest;.. is whether the facts—when did they hay ;rac.wled, : _ :: - tc : We dc- ' know all the facts. If South Florida 4'v`a -anag _ -i,::_ ft,: .and sat '.y, we've got to have (indecipherable 1:. ._ _ ; :hen - .;:c : rs st-:. `:-e; were r swore of that. That we do not know a: - 'nt. IVr. crs: vs :" corre'c., .:tween t... -wo events. They also, the Taylor Ai or emi - i.- favor amending e. permit with South Florida Water Mar ge rent ;ic` they shot.: have recuse. themselves from. And I'm wondering whc ive s, arps of --giineers the_ .hey've made this modification to the pre: vas witi -c _ -ar as c _view. This is another example of them acting with in _i and. . _ _ ave ye. 'itten their at -ention, that they need to act like they arc :i st a hiie v c ; Through it c id get it all figured out. Mr. )o Js:I: : .cy Cara:; a good idea 'adecipherable 1:54:15). C on S- Did you c A o;n the ccu,: y far permit Mr. '✓ads: (I:- le iherable.. ,r real estate People (indec pherable), but yeah, we are checking to r- -ure , "the pry, _ %al sty perm.. The probi is the legal process takes a long time to : iere : ani to gc. -e ,,ou ;de '-ere you wii . _ happy with the results, but there is not 'ot you c instantane :sly. Mr. -`inters: . .. ?rstand. ! ., ;w where Su_,ervisor Miller stands on the Ethics complaint. I am star -:g to get in favor r-,-: . I have not;c_and Supervise--Kleck state an opinion. Mr. eck: I c if it's gc; ;o get us IL; .:her down tic-_ road, and it's going to get us some sati. -ction, I c.:' s. If it's -;_ );na to gad- . anything, I ?ink your recommendations were that 21IPage V 16I1 Flow W , Yr nuni r:- March 18, 2021 A/ is: or.. Jes not affec :''hat Taylor Morrison is doing or rot dt.' Mr. cr;: It's - fere:n u,final— Mr. 'cods: 1 r.d , r,: the con._:iairt were s :-:essful, you would end up with a fine ay:; < i.ie ir, E : A of;- • collars. .)uld be more, but it's not typically a huh Inc. It's ly . ✓<.: , Jr-Go : Sla Mr is: C • v. :e seen. N - Miller : rr comp - -s? is: f -I c: t ;hat ccessful against someone which the t we he ag. ci not to rur, for public office in the fu hat =ar -oc3ss. lus_ .;v way of example. You never know going exarr;:r. ors: ?p, it looks to. - like this gc f cart trail has nowhere to "r ord: golf cc rt trail, they :. ie to enlarge the pond or shrink the por. -reat cuss r ore now in r e buffer zone of the pond. So, do you ant the to ; cane up v. • an Engineer's report to modify the pr.- -der ail N: is: T st:r-abr. c:d not re!,,on Taylor P' :on to figure that out. I believe that we _ca to ur -e and he : . �+ Engineer rke a look(Mt' see what kind of problems have been crec nd sc )iutions. M ?rs: the 1 as of._ -eers have ieigh in on what happens to a pond tha :?ing r ed witho ';eir %nvolverrent and appr. ai? Do we put a stop work order in pi,o-• we c m io the to make they do `h c r operly, or do we just allow them to c Join: they a•c - ; cird wait, : it to be dcr - before we make--? What would you re: nd? _ds: I e respects. . busines_ recision to .c .:nest kind of would like a fully built no: vay, :ay.-."it in • _- d(incec :nerable 1:5S �. Mr. 'lard: I eigh in o: - st question. Those lakes .ere financed with bond funds. This Dist- .:t has to 'ssively par: e anybody v a tries to modify that water management system in any 'ay, shop, .)rm. So, -tor Morris°, or anybody, the homeowner's association, wants to g fill n a p a lake, C:. ,:s to be agg, ssively purst. up front. Mr. linters: , you k: hey do :? That's the, oblem. 22 I Page 14I 1 Flow Way Jmrnuni it_.mer` March 18, 2021 M . 'art: R 5.;: ::, 7,nd he ca,,, -?e, then I'm going to say call Greg bec, sc Ne n y - sta _ _orre ,,v to stop chcdi . ork from moving forward. That's a maj b >ach, ic::. 'pry . 'OiIo.' do not put: : that. Mr. 'n;ers: uts is it _s,i'on to M 'igilant about everything that they do because they are :ominc F tc, to with IL: any way,shape or form. Cnc en S r; `0 'arc: sir _ a note, I c. , 't seen it yet, saying you told us you we; going tc t. +ation a d you have • ✓en us nothing, so I think after this me. r roe sr 1 r HDA :'ect Board an: :cide, and I was going to have Greg w, irouc e. M . is: Ir It; ;ay. Ch.: on S. aridge. Mr. v1ille a r , thrcc.o' ny mind: wn :-e do we go from here, what are the co-. . aces Mr. ocds: i a, - mpt to get t`. f 2ounty out there to take action. We woc have tc : 'think that's .obably easy to prove. You could get the :y to 'or, a'ic e.5 ,nbo which -.daps we want because at that point rya =cot. otiate. Mr. ors: c ei :.ention. Tr.,,just seem to be oblivious to the fact tha, le, have h re. 't all. Mr. ocds: (I :heroble 2 :24 ;halfwn; 'lone as it is, rut you've got this corner of a building in t -t pa. of a way ;; It'_ c .- :ard, so I cc; : imagine they would just leave it the we Mr. )r ✓lille r. th 's t 7 sequences. we in danger of shooting ourselves in i foot h as✓se th rt s .r. -dy telling t'ern that they must do this with no alte ative, ar they are fro,n :,at they car do this? Where does that go? Mr. loads: shut there „vnn, they ore going to hove to negotiate with us, getting out per; n to Mich is =y have done the start. That's the real problem. If ti d co :s and I or . 'cnation, p ovided a reasonable plan, reasonable pro' �s, v �t have : gc .: ,nd do it. E it that's not what they did. They just dec c :hey -re of going with the SOD and just do what they wanted to do. That's the pro, :?m. So, guys wcr to try arc -et a stop wo-k order, you are going to get their atte Mr. on Milk .iey've tag:: he pc sr-`1ca to go forward, and if they get caught ask for for e,ness. Ij on't forgive err• and we rhut them down, then we've got a couple of places in our :mrnunit -e the trai _=tops and'times to a dec-i end. 23 I Paga' 1611 Flow Way .am-nuni- . elc: , r„ March 18, 2021 Mr. _mac;: Tl . .. _ , _ ) ,;;:ess -_-;: jc on the gravel. From a litigation of . ,cilt is i ::o n.. a:_ A • cod force 0-ern to the table or to let :07son ei. . . is: I . • er • de.. :.s ..tually it just shows a developer run c- . hey 'n;_ J•t ,- ;,sing to do and put everything else c nee >r._ -__:st keep being idiots. Mr. _. .: I ri „ s.: ;eir colors too many times to our orgc a;Jon, I are y 1. ; themselves deeper and deeper. Mr. •inters: ,. ,-c, ern gc, i, 'Ye and change the pond, right? IV.. 0-.1: Let arato a es . ;;ruwc':, : -,ething that sits on top of our water rra je;gent n. When ' th.. .c o;;d ' ?,_• a about it, and it was — okay, we und: staid it ._ to get c ;t c::ec done aiasc 'ely wrong, but it's got to be fixed at son- punt. 7 • t p, r ; ,c ,to ',hc .:a lank is substantively more dangerous fc: ,ic,-nts. in. d:;; ;;r Mort-is:, tries to go ir: here, or anybody tries to go in there, and 71 that lc because 1 .-'s where trc t cart path is now, that's where we have to say the ru,b meets ad and . ._ ,.o s`c, e:•r,from dolt - that because that impacts a system ti-c, 'as pair :Jr. von( _ _-nd we -ie a respons .fllty to maintain the integrity of that sysi. a and nc . nybody r-r_ i use kinds ;f modiflcatic, s. > ors: 'ie needs t,: If you intend to do anything, we are gc. �uti' - :n Wille! `s, , : '"aylor Morris :1n solve the safety issue by building a ve' Jr ficar . , . .. e' , ':.acipherable 2: 5:43.) Mr. 'inters: you say a. ,etKrig like solar this is -arly CDD property, and we have an obi' 7 ba the bcoc ob,ig.:u. ,i' to maTht waterways, we insis` that you inve. in t: :ring prc� Mr. °ocds: I ha is a e:_er.L.e:c, se if you say 'we insist" we are not doin ' it on the bac _;f on inv . If Tay.. - cr:-rson the: ignores us, we can at least proceed witi- seeking a stop cork orde , factual'; t?e lawsuit:his proves— Chc :e. on Si , 51✓e alsc - Mil::: ;: :re which is t' ,se stakes, and we have no idea what the; 're, up th : side of : : -ty. ' <. 3 are about<"stakes. Mr. ✓inters: ,c because ,,,,,pie bo:-d•,alk started o it as a series of stakes, so it indicates tha' omethinc 's ing to hap;; Cha aerson Sty .n Are they aag co move :~e fence? Move the sidewalk? So, is the consensus her. `hat we c rig to prat : a �w;'th ant`i- -letter and t;en we are going to go for a stop work ord. ? (indeci ale 2:07" :ct the •-ps. 24 I P a g e 16I1 Flow Uli v _ nuni :,7,e; March 18, 2021 G u, n, r,:= :e is going be permitted through South Florida V f. snag it is ;_ but I wee probably start with the Corps, Collier ,ermit G. e c ,i 07 :e that we r_ . a problem. is:A, 5. a at. i, egement ibis -ct? i ': So ge ,;._n ct, II. nage a. A✓ .i?rese ,p-: id t-1 a+ :' :ociates) b. i :;a�:r rel. c = kv, S• .spe ' .es and a cls who was hired. • I i;.;ers: `i tte Ib e .:er than t'icc, : -e knee deep in the process and they h.,:. ,,, :ed a: ,_ Vie ✓er about t:e ' _are trail that goes around. k:c 'and: T :red' ee;; s ed their fleic 'ork with respect to all of that with of c r at, cameras r.,c:; >ed to go into the pipewcrk systems fcr they tc m _se I will ae_ 'o get a vendor on board to do that. 7 :e _„t ohas sta-,-chc. : of` e .tort. They c.: ;'t give a time schedule, but I suspect 11-'s at least , er we r. ;the -e>f ore we eve see a draft of a report and at least a six v ` c vi r ::ec :. . ,> they won: use to do the inspection work. 1 am :t wii cc cc !-efar :._ tics : s,nt of the e: : Board, the full report. f: l✓Iille ✓e : use • ,✓lec,"ge to the cenc of the littorals on the lake banks? as t, cLJ.,a be? `hey ov: gown? Are 5y not enough? Are they the right I h _en -evic. littora; tuation and lake banks and what I see is, what my cerience re. the.- littorals on that lake sank. Very few and very slim. I don't see; ad have r has adde, any more littorals to the lake banks s. cc beer ie :sses and t,';: lily pads, in both the flow way, which is . canal s, out crr look at the canal along lmmokalee, it's clear. It's pe: clea, _ , ; ;he west side of our property is full of lily pads and swc rassr ar the I jt s t,rnk that the:, e ignored our lakes and our ponds cv r 'y. r✓ 4ille rr s✓✓ar-p g ss. They seem to have a limit based up. dept n;: 10 or 12 fee of water. M . The. 1G.„j .,scantly. Mr , Millet err. ?nsider apprc riate littorals fora pond. Mr. eck: As .a dealt wh• in the past, they are not supposed to be U 25 I Page 16I1 Flow Wsy ;r='rnuni. . [ Icrrner: March 18, 2021 M•. ✓lille,' e. -?? N Li ,ney c;s ;ot cut back d trimmed on a regular basis, and I ha no 7c `akes that?c:, 'or Morrison would put in there in the 16, I've t; been in .`ho neighborhood I have not see them do ar,y sac to communities you will see down on °e. 7 alle; immokar'ee crystal clear. We need to push them he hat I be in a _ituation w.her,_ it's out of control to the point where the 1 < aw - r - stuck '-th it. As I se it right now, they have not done ar: C;,- onS 14 :ers: - _ s will addres it. And when we take over the me nce IV! 0 : _ • ai ou are e:solutely rigf:r, we can correct it, but be -- :he E ,c 'ith r. Iv : Ar 4orr so, going to fix it before they give it to us Mr r,r.1: Th Mr. Wf , a: _x 'e . :ur be done: IV I s. .e . ;,'cu wi:. 1;, the report. Di. sicnen° :ve-cat tieingMa;cY but officially May 31. M. ': Tf. 'xpc:c es that ,.e c'talked about some time ago. Tony Gru ill w oary s. _cud him f::r : :;se efforts today. Tony I will ask you go and r rtviev. 'eser,,e .,:.cit that you d. M' : If: ula hoic' :r `lave Davie :cme in as he is the one who did the we M:. I Cal. I cm an c - crtne, > a_ Grau cr i Associates and we were engaged to per: r.m an a upon pro,- _lures engag_ment. Basically, we received two schedules from Dist :t Mona! t that repn c="ted the cc `of the Distr,;:t from October 1, 2013 to September 30, :i.2C. Tht 're 750 ite: those cc.:edules that ..esented$30.4 million dollars. The pro: lure we med is -:petted t1 a 'nvoices anti equisitions that were represented on tho, schedulf the wora p s ac-ve. Appe; 7.ix A, on page 4 of the report, shows the 44 invoices we, unc that `he wora;. Apper::ix B, on page 5, shows the one requisition we found the, -ad the 1. _reserve. C, st:; ring on page 7 and through the end of the report, is 25 IPai e 16 I 1 Flow V.- -nuni March 18, 2021 c pag: : thct ✓i: the word preserve. It was a pretty two any qt.,. `ons or comments. Mr. ?rs: Joked c cery page and reconstructed this in a sp :: _ ieet yea. what is shows is that there were $.23 doll = , .for 2:1 or 2017. In 2018 there was $5,400 dol" s,aent 'twit ;OG jar legal. `-1,100 other for a total of $18,000 dc; !n 2C N "-:,COO dollc for maintecance, $13,630 for legal, of _ in 205 c;d in 202C there was $205,000 for MC' 'r nce, _. ;2,8,375 do r: in 2020, which stops in September, so i no:' It s:o:. the fiscal year. The grand total is %.;: dol. this .re- .etive account so we would have a o inc t rest., ' Pt . Aille _ as den; I'm sorry I didn't look at this earlier, I jut d it. : ookirg *he expense_, is that too narrow of a ss. are 'hatevc .lcurred the:: don't have that word pr_ -• the a like :_enario. When Tim Hall gives us his bii usir, U e1 e say p erve work? Or would it say general bill! sere, e ' 7vge ace; t t of money in expenses by narrowing i tc vord • f: T on pa;, 1 of their report includes all of the ve.7 hat r ber 1, :3 through September 30, 2020. This is e end: ly, ,cok at the;. .'endors and tell you whether or not, Juts sing e ,;ork in cr 'Jr this District that are related to the inte 'rese erg _. ;r example, c_cause I know all these vendors, I was obi( oint 71 ors wi'. knew were n this District related to any type of pre: = wotl word r' _-serve in all cc their invoices. He further explained h+_ ,rent a` e preserves He noted he was able to look at this aud poir c : y d to the ver.Tors who worked on the preserves. fv: : Ye It, ',`'o;;? Mr. 'ar:i: Ye. Mr. _cr.: Is t -e c.,_ , N. aer ' 7'7 to Y 72 - 000 dollars is the correct number. It gm This y cpc _. ode at number now that we are starting up t t 'u me or the E ?SF, a'in. We tee ced Tim Hail. Mr. Mille; en we go '.ci the 20_S amount of`2258,000 dollars. That has an April 28 date i .;n try find this.c.. tr. e I have seen it once, bu.-my recollection is that the wood stork area ;c' coni ever some 2015. was somehot, connected to a bond issue and some bar, ds. . .ect to tre ent of ' ..2ecipherable :23:12.) were we actually paying for exp, ec or r: sing Tay'. sor: f xpenses inc,, ed prior to the actual conveyance of the sperty :OD Th:' _gin feature. ',decipherabie 2:23:46.) 27 ' Page 6 I 1 Flow U' gun' March 18, 2021 IV `;anl: :r joining u_ ,day. and ELEVE ER f, rns There 3oar TWEL; _R C Comn ._ Chairp. mp n,mc' _ -re were no audience comments. Mr. Rc : _ I ju° vrth the L:: .d. Over the past number of weeks, I have curl ar;e thro _. this situation, alleging that they are still in the ss as the but why would they allege that? It seems , ey a. :. :- got be r; z , background? I am curious with the Hatche `y, ti . 1c `hir7gs. So, :hink I know some things, but it may just no Kee, some>v and what I think is the case, Taylor Morriso: -espe sc.< n its and that's a fact. Why they have sold nc :r goc e stupdr.- in line. Probably they can't. I spent length, the : 7 y P'anni,1g; lane Lynn, who gave me two hours of her tin~: ells h.. to cone tc )lller County with construction plans. The pr. bee, =or.:1 t me, but no _;nstruction plans, and so it hasn't yet entere_ . age. Mir; maybe ti are going tc need to do something between , nd Pr g. ,`. r wuI.. :" :log past that thing all the time and see the c I h. :ils 7: as the a .roved project in back and forth with Collier . . Pictt. at . _ There an existing lake. Small, but existing, and th- w be r _ :i to the sou' The original lake has an elevation of 12.2 fe_ ?d h :;; aor hat deep a . then the extension of that, this says propose ?xpa. eva: !t does have legend on t that shows littorals as oppose:: 'ecip e c''v r eeper, dow, `'rough the engineering on that, the Waldrer_ 'erim ..Jr?s t:f It expansion ..th basically the same elevation of 12 feet dee, arly - C ',, they have ;t dug down. They have raised the proper it, " :t c; higher. makes me vr. der if Taylor Morrison is going to go back tc. Cou; -phe,:.` Basically, -hey have completed that project, to come in a. `wou .t seem.. me, what ;e see is what we get. It seems to me that the;- = ;aing Tr c i .:.:.n't out it on _ without our permission, so they are going to i -n th o pr_;,'t t,-ct off they re.-J to retain control of the HOA. I think as a comr we .ometh:r•; is going on. 7e CDD can insulate itself somewhat, but can ILA? f -ding ri7e HOA we:: a ensure its legality(indecipherable). They can : earner = CDD ,_, I just think ' re is something going on there, that even the e ma ourse,-i-.::,from it, bur e need to have an awareness. Mr. Winne •'e gc ng;n t;': •-t area. You c see it and stop and look cat it. Some kind of pin hey' 28IPage 16I 1 Flow Way Community Development District March 18,2021 Discussion ensued regarding the lake having naturally dried up, the lake refilling in the spring and summer, the lake reverting to mud in the winter, and residents who purchased lots during the summer being disappointed in the winter. Mr. Winters: I agree with Ron. The reason they have delayed turnover of the HOA is so they can get whatever done. They have a timeline somewhere on the Board in Taylor Morrison's office, the milestones they have to reach before they allow turnover to the residents. Mr. Kleck: They want to have control as long as they can. Mr. Winters: They don't want to deal with a resident controlled HOA. Mr. Ron Miller recommended bringing this up to the HOA Board Elect. Mr. Woods: I have recommended to them that they have Urbancic at least send Taylor Morrison a letter saying whatever happens between March 8 and May 31, we are not going to accept responsibility for if it is detrimental to us. We should be in control and we are not— Mr. Ron Miller: I would take that a step further and have the board take(indecipherable 2:35:09). THIRTEENTH ORDER OF BUSINESS Announcement of Next Meeting April 15,2021 Chairperson Stamp: Our next meeting will be April 15,2021. FOURTEENTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 3:40 p.m. On MOTION made by Mr. Tom Kleck, seconded by Mr. Martinn Winters,and with all in favor,the Meeting was adjourned. Flow Way Community Development District -1? James .Ward,Secretary Zack Stamp, Chairpe n 29IPage llaiLii ' 16I1 ap iss PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWA RD &ASSOC LLC 2900 NE 12TH TER# 1 NOTICE OF ANNUAL MEETINGS OAKLAND PARK, FL 33334-4447 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Fiscal Year 2021 Regular Meetings of the Board of Supervi- sors of the Flow Way Community Development District are Affidavit of Publication scheduled for the third Thursday of each month at 1:00 P.M., at the offices of Woods, Weidenmiller, Machetti, & Rudnick, 9045 STATE OF WISCONSIN Strada Steil Court, Suite 400, Naples, Florida 34109 on the fol- COUNTY OF BROWN lowing dates: January 21,2021 Before the undersigned they serve as the authority, February 18,2021 March 18,2021 April 15,2021 May 20,2021 personally appeared said legal clerk who on oath says that June 17,2021 July 15,2021 he/she serves as Legal Clerk of the Naples Daily News, a August 19,2021 September 16,2021 daily newspaper published at Naples. in Collier County, The meetings are open to the public and will be conducted in Florida; distributed in Collier and Lee counties of Florida; accordance with the provisions of Florida Law for Community Development Districts. A copy of the agenda for each meeting that the attached copy of the advertising was published in may be obtained from the office of theDistrict Manager, said newspaper on dates listed. Affiant further says that the JPWard &Associates LLC, 2301 NE 37th Street, Fort Lauderdale, Florida 33308 (Phone 954 658 4900) at least seven (7) days in said Naples Daily News is a newspaper published at advance of the meeting. In addition,the Agenda's will be post- Naples, in said Collier County. Florida, and that the said ed on the District's web site at www.flowwaycdd.org. newspaper has heretofore been continuously published in The meetings may be cancelled or continued to a date,time and said location specified on the record at the meeting. Collier County, Florida; distributed in Collier and Lee in accordance with the provisions of the Americans with Disabil- counties of Florida, each day and has been entered as ities Act,any person requiring special accommodations or an second class mail matter at the post office in Naples, in- terpreter to participate at these meetings should contact the in District at(954) 658-4900, at least five (5)days prior to the date of the meetings. If you are hearing or speech impaired, please said Collier County, Florida, for a period of one year next contact the Florida Relay Service at 1-800-955-8770, for assis- preceding the first publication of the attached copy of tance in contacting the District Office. advertisement, and affiant further says that he has neither If any person decides to appeal any decision made with respect paid nor promised any person, or corporation any discount, to any matter considered at these board meetings, such person rebate, commission or refund for the purpose of securing will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is this advertisement for publication in the said newspaper. made at their own expense and which record includes the testi- mony and evidence on which the appeal is based. Published:01/10/2021 Flow Way Community Development District James P.Ward,District Manager Pub Date:January 10,2021 #4537315 Subscribed and sworn to before on January 10, 2021: Notary,State of WI, County of Brown TARA MONDLOCI— Notary Public $tttte of Wisconsin My commission expires August 6,2021 Publication Cost:$322.00 Ad No:0004537315 Customer No: 1305088 PO#: #of Affidavits 1 This is not an invoice 16I1 MINUTES OF MEETING FLOW WAY COMVJNI TY DEVELOPMENT DISTRICT The Regular Meeting of e Board of Directors of tl-i Flow Way Community Development District was held on Thursday,April ._a, 2021 at 1:00 P.M. in the conference room of the offices of Woods, Weidenmiller, Michetti, & Rudnick, 9045 Strada Steil Court,4th floor, Naples, Florida 34109. Present and tuting a quorum: Zack Stamp Chairperson Rc; Miller Vice Chairperson Tom Kleck Assistant Secreta, Martinn Winte- Assistant Secretary Andrew Miller Also present were: James P. Ward District Manager Jessica Tolin District Counsel James MessizA District Engineer Audience: Ed Staley All resident's names were not included with the minutes. If a resident did not identify themselves or :he audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted and all Members of the Board were present constituting a quorum. He stated there would be a period of public comment at the end of the -..ieeting for non-agenda items. SECOND ORDER OF BUSINESS Public Comments for NON-Agenda items Individuals are permitted to speak on items on the Agenda during that item and will be announced by the Chairperson;comments limited to three minutes. Chairperson Stamp indicated there would be a time for public comments regarding non-agenda items at the end of the meeting; however, he would be happy to recognize speakers for brief comments during regular Agenda Items. 11Page 16I1 Flow Way Community L.,E✓elopment District April 15, 2021 NEW BUSINESS THIRD ORDER OF BUSlf':SS Consideration of Minutes March 18,2021 Regular Meeting Mi- fps Chairperson Stamp asked if there were any additions or corrections to the Minutes; hearing none, he called for a motion. On MC-_ ON made '1y Mr. Torn !deck, seconded by Mr. Martinn Winters; and with all in favor, the March 18, 2021 Regular Meeting Minutes were approved. FOURTH ORDER OF BU ESS Staff Reports Staff Reports I. District Attorney- oods,Weidenmiller, Michetti,&Rudnick No report. II. District Engineer-Calvin,Giordano&Associates Mr. James Messick introduced himself as a professional licensed engineer in the State of Florida working for Calvin, Cordano &Associates. Chairperson Stamp idicated he and Mr. Messick were going to inspect the sidewalks, cart path and bridge following the meeting. Mr. Ron Miller asked what was being done with the sidewalks and cart path. Chairperson Stamp explained the cart path had been moved away from the lake hopefully into a location where it was permitted to be placed. He indicated he and Mr. Messick were going to check the placement of the cart path today. Mr. Ron Miller discussed the construction of the path cart and the grading in the area. Chairperson Stamp discussed the construction the cart path,and other construction in the area. III. District Manager-JPWard&Associates, LLC a) Financial Statements ending March 31,2021(Unaudited) No report. OLD BUSINESS FIFTH ORDER OF BUS?N Agreement with MHOA and District Wage 16I1 Flow Way Community; 'elooment ict April 15, 2021 Agreemer -with Ma:t:c ;omeowne, 7 Association and District(Continuing Item until Final Decision) This Item was contir ad. SIXTH ORDER OF BUSIN':35 Discussion of Preserves Discussior of Futur 'ding of Proserve Mitigation and Maintenance (Continuing Item until Final Decision) This Item was cont ; ed. SEVENTH "'RDER OF EL 'JESS Staff Items I. Distric Attorney a. Complaint regarding Ownership and Maintenance responsibilities for the Main Preserve located within the boundaries of Flow Way CDD. b. Developer relocation of Resident Walkway/Golf cart Pathway 1. 1s`Notice of Trespass to Taylor Morrison—March 9,2021 2. Response to 1st Notice of Trespass—March 18,2021 3. 2"d Notice of Trespass to Taylor Morrison—March 22, 2021 4. Response to 2' ''otice of Trespass—March 31,2021 Ms. Jessica Tolin in :.ated a motion to dismiss was again filed by Taylor Morrison. She noted the arguments were ap_roximately the same as previously raised and responses to the motion were being prepared. Sh indicated a motion to dismiss was also filed by the HOA again with similar arguments as well. She stated the hearing for this motion was May 20, 2021. Mr. Ron Miller aske Chairperson Stamp had contacted the Army Corps of Engineers. Chairperson Stamp responded it the negative; District Counsel wanted to wait for a bit before contacting the Army Corps of Enir Chairperson Stamp asked if there was an update on the relocation of the bridges, cart path, and walkways. Ms. Tolin responder in the negative; there was no update. Mr. Martinn Winte asked abou the Hatcher pond. He noted the Hatcher pond was not a CDD property but could e a CDD property. He stated the pond was in terrible condition. He stated Taylor Morrison we. urning the pond into a "m:d pit." Mr. Tom Kleck stated Taylor Morrison was not informing the CDD of the changes being made and he wondered why no notification was given when these types of changes were being made. Mr. Winters indicated the situation was being investigated, but there were no answers yet. At one time there was water in the pond, and then they were digging a hole and putting a pipe under the street, and then there was no water in the pond, which leads me to believe they poked a hole in the pond somehow, then rather than fix it, they decided to turn it into a mud pit, and they got the county to approve changing the plans from a pond to a mud pit. That's what I understand. 3IPage 16 I 1 Flow Way Communi slopmeut C.::strict April 15, 2021 Mr. Ron Miller: some tim' ._n the phone with some Collier County personnel and the original plans called for : ea to be c ai1c and to re fully extended with a depth of 9 feet during wet season and 6 feet ci..ring dry season. I saw those plans and they weren't being followed. The initial person I was speak ,3 with expressed concern about this. This was an inspector enforcement guy. That kind of led fro,, one thing to .pother to were I was then told the plans have been changed as they are now. While we are on the subject, I think i agree with your statement that the CDD does not own that infrastruc ire. I would further go on to say that I would vote against taking ownership of that. I don't know 'here that leaves us about the property. I suppose it has to be up to Taylor Morrison to be look: 2 into puttin : that with the HOA. I don't know whether the HOA is looking into that or not. Mr. T:,M Keck: :he HOA bee,-1 involved at all in this Hatcher property? Do they know what's going on there? Mr. Winters: I do not nave any inter action with the HOA, so I don't know. I have recommended that our attorneys step p and say whatever the; do during this questionable period before actual turnover occurs, anc whatever decisions they make from March 8 to May 30 be held in abeyance and we might have a ck n based on tree actions the they are taking now. I don't know where the HOA counsel has acted c_ that. I don't Have any direct knowledge since Taylor Morrison doesn't act with any transparency a. we don't know what they are up to and they don't tell anyone what they are doing, you'd have t-:; catch them Yt their game after they do it. After the damage is done. We do have Drew Miller c the phone who might eMighten us as to what Taylor Morrison is doing and plans to dc. Dre you have any comments to make on the Hatcher pond? Mr. Drew Miller: ')n't. l didr:'t '.ircw there w..s an issue with it, but/am happy to look into it and find out. Chairperson Stamp: `"/e would appreciate that. Mr. Ron Miller: Doe anyone know if we have a legal requirement to take the Hatcher property? Ms. To/in: Greg, and I have talked about this and we don't think there is a legal obligation to accept it. Not accc -g it, it we rid likely shift to the HOA, would be my assumption, at which point it could end up b 11 issue for the CDD anyway. Mr. Tom Kleck: Dc that include the existing- lakes in the Flow Way area? The County has not allowed them to turf; that over yet because they have not fulfilled their finish work. If we elect not to accept the ponds ar., the lakes, will they in fact go to the HOA? Mr. Ward: The exis' ng lakes are a different story. They are already in easements dedicated to the CDD,so they alread;- 'tave that responsibility. Mr. Winters: l seco -1 what Ron Miller said. I would not be in favor of the CDD taking ownership of the Hatcher pond. Chairperson Stamp: But you know what's going to happen. While they are still in control of the HOA, they will magr_-nimously agree to take it over. Wage � 6I 1 Flow Way Community E =:velopment strict April 15, 2021 Mr. Ron Miller: if ere on th.o eggit HOA Bcea-d, I might have a meeting to reject ownership in advance of the illeg rate Boars conveying that to the HOA. II. District Manages Mr. Ward: I have nc :id business. EIGHTH OM ER OF BUS. -ESS Board Items Chairperson Stamp: and i ha" been talking about revamping the Agenda and the whole presentation packet sr .ow to mci2 it more manageable. Any suggestions anybody has along those lines please get them tc _;s. The other thing is i want to start using the Board item as a time where we can talk, since we can't talk outside of meetings. This will be the time when we can talk about things like Hatcher or others and s:-art making that a permanent part where everyone understands we are going to get that discussion v he caveat .r. c ;t will be recorded as part of the meeting and you may want to temper some of your ac erbs and adject::ves. There is a lot of stuff going on. For example, if somebody drives off of that new b:edge who is responsible? T7e HOA, the COD, Taylor Morrison? Because I saw a kid just about go ove e other do,_ A little kid v:ns just about to go over, and his parents caught him just before he went:: e ,,e one-foot railing. if somebody on a bicycle hits that they could easily bounce over. Mr. Ron Miller: Since y: . are brir,ginci that up, we probably ought to discuss the other bridge which has been there for some on the bac% nine which also has a small railing. Discussion ensued rega ring the bridge for the golf cart path; less risk on the golf cart path bridge; the new bridge along the t ,:it posing a liability; both cridges having 1-foot railings; and all other bridges having 3-foot railings. Mr. Ron Miller: Jim Wa-d and I have been bouncino some emails back and forth; what happens to non- payments, or defaults, on CDD assessments? We are going to have 1,181 units and with that number of units there are bound tc ae a few people along the way who just don't pay. Jim was attempting to put me into the picture as to the process of how we don't have an issue with that, and he lost me along the way. Jim, ';ow does ail t;at work? Mr. Ward: In Florida. I: .use we are a governmental agency, we use what's called the uniform method of collection for assess ts. That simply means that we can pi our assessments on the tax bills that you receive in Novemb: :f each year. You know t`ot when you pay your tax bill you have to pay your entire tax bill subject to `ccounts that you pay in Nc vember or December, etc. If you do not pay your tax bill by the end of Marc it goes into a delinquent stage. In Florida, the process is that the tax collector creates what's called a certificate for your property which means that you did not pay your tax bill and that is sold in the s rmmer to an;,'one who wants to bid on that certificate. The bidder bids on an interest rate. The higher the interest rate that someone bids on the certificate, the more likely they are to take title to that cer:ficate itself. Once they own the certificate, that requires them to pay the tax amount, all of the taxes on that tax bill, and what happens then is that money is then remitted to whatever government 's on there, including the CDD. So, we become whole at that point. Some taxpayers, during the ye . ; if you're over 65 and you have certain conditions, you can go on the payment plan, etc. That is out sere, but you still at the end of the day are whole when they make those payments. The only time those certificates are not sold, i have found in all the years I've done this, is for 5 ' Page + 6I1 Flow Way Communi elopmert District April 15, 2021 generally undeveloped i,: ;d where the lean devalue ratio, the amount of the tax bill versus the value of your property and yaur• ,me that's c 7 it, is upside down. When that occurs the certificate won't sell, but if you have a tax $5,000 :', ass or $10,000 dollars on a home that's $500,000 dollars, the certificate is going to se Then that's it, you're done. The District is out of the process. There is another process for the certifica-`_ holders if they keep hold of that certificate, they can actually take title to that property in 3 years, I be-eve State Law says, but we are basically out of it. At the end of the day, we are always whole on all of t; assessments that come through subject to that certificate process. Mr. Tom %leck: That as::essment is then paid through our tax bill? The homeowner does not get a separate bill for the CDC .:ssessment each year. Mr. Ward. Correct. Discussion ensued reg�s . g assessments and the ax bill; the purchase of delinquent tax certificates at 18% to 20%; the home vner being responsible to pay for the delinquent taxes and the 18% to 20% interest rate; the hom-.yawner having three years to redeem the certificate plus interest, following which, if unpaid,the cer` 'cate holcier would foreclose on the property. Mr. Ward: It is not acte -:ty a foreclosure as you understand it. They apply for what we call a tax deed in Florida. If they make pplication and the certificate is out there, it does go before a judge, but at the end of the day, they -. -s issue the tax deed on the property and it is recorded at that point. It is not that long of a forecic, rocess. Discussion continued re girding purchasing of tax certificates, potential profits, and the length of time it takes to make said prof Mr. Ron Miller: I'm war, -?g to get a detailed list of the assets which are on the books of the CDD. We do have a monthly statem t, but we c sc have an arnual audited financial statement, and if referring to the audited statement, there is a discrete number of assets that we own and there is depreciation on those assets, but I have idea what assets we own. That information should be available somewhere. Mr. Winters: There mus`be a fixed asset depreciation schedule that the accounting firm has. Mr. Ward: I just got it. n going to email that to you tomorrow. The list is helpful;it tells you the phase the asset is in, what it is Whether it's water,sanitary or irrigation, environmental, so it's pretty detailed. Mr. Ron Miller: I am going north in May, so I won't be able to physically come to these meetings until October or November. ';at puts the quorum down to four. I hope three of the four can continue to come. Mr. Tom Kleck: I am gc ,g to be goo,' in May as well, but I am not sure if it's going to be during —it's only for a couple of weeks. I don't know the date, but it will be before the next Board Meeting. I'm going to be gone from the 16' through probably the 28'. Mr. Ward: Okay,so we icse the quorum unless Drew is coming dcv✓n. Drew, can you make the May 20th meeting? Mr. Drew A,?iller: I believe I am planning to be there. 6IPage 1611 Flow Vday'..crnrnuniy is -: elopment r,istrtct April 15, 2021 Mr. Warc' cted any 'sere not 'acai could still call in to the Meeting; at least three individuals were requirea t be prese erson tc :,eke quorum. Mr. Ron Ai.;:ter: I'm I that fo:the 2022 budget we will not need to increase any fees, we can keep it the same. For the think we agreed the budget, which was $37 dollar increase per person, and going into the next year budget, part of the 2021 budget was we cpproved monies to take over the HOA contract and maybe a few other things, and of course we didn't take that over, so we haven't spent that money, and I'm hoping we have enough buffer that we can avoid an increase for the next year. Part of the reason i say that:is -re have been numerous occasions whers people were upset, they know I'm on the Board, and they • 'pset because cf their horrendous increase in their CDD fees for this year. Of course, after the sec.. ;;. :casion ;started carrying my two previous tax receipts in my pocket so I could show people, "look, you dn't have a horrendous increase, it was$37 dollars." People were really upset, but the increase was Iv; -espect the HOA. If we can have a year without an increase, I think that will be a plus. Mr. Winte-=: Vie are gc g to considc• whether or rot we continue funding maintenance on the external preserves, and in the e+.: 1:that we ;c:: the authorities know that we don't see that as our responsibility and we stop funding the , there vet y'veil could be a decrease. Mr. Ron Miller: I wish ti discuss ME Fnvironmentai Report and specifically the lakes and the lake banks, what Tim Hall is respons'le for. What goes through my mind is l don't understand any of it, but we have the lakes ctjt there. r'e know Tay I-Morrison has yet to fulfill some responsibilities before the County will sign o;f so they car. -e turned over. I have no .idea what those remaining responsibilities are, but I would like to. Then woo be post-Taylor Morrison responsibilities which are upon us. Some people think the ponds look okay, ot. rs think it's awful. Tom calls it swamp grass, I know he doesn't like it, but I don't know whether the swamp gross we have out there is proper grass; do we have too much, not enough, this whole thing is a mystery to me. I'm hoping we get some information soon. Mr. Tom Kleck: Jimmy 's there c 1`,'ection or an ability by you to give us that information as what normally should be t rer n the lakes 7d the ponds or is it the way it is supposed to be? Mr. Messick: I can go hack and lock at the premises and see if there are specific species of littoral plantings or if there is a directicr g,•"en in the permits that woula hold you responsible to that. Mr. Winters: That's one think we have asked Forge to include in their scope of work, is to evaluate, not only the drainage systems; but the condition of the ponds and littorals versus what the County is going to require and the performance bonds before they release them. i have the same questions Ron does, I don't understand what R..supposed_`o be there. Discussion ensued rega:: ing the ponds; the ponds being pristine years ago; whether the plantings were overgrown; what were the proper plantings; the CDD not wanting to shirk responsibilities, but not wanting to take over Taylor Morrison's responsibilities; and whether the County would force Taylor Morrison to fulfill its resaonsibilities. Mr. Ward: Wait till we get the Forge Report. If we need to supplement that with Jimmy's work then we can do that at that point in time, but I think the Forge will give you a good handle on where it is right now in relation to the existing permit requirements. 7IPage 16I1 Flow Way Community elopment District April 15, 2021 Mr. Ron i Filler: I haw. t yet grvs,: J,c: on this Code of Ethics violation. To my surprise last month Supervisor Winters sear =s a'to jump '!at as well The two of us may be inclined to pursue that matter. I don't understand why He Board i_ -eticent or Counsel is reticent in pursuing this. We have litigation against Taylor Morriscr; and it v.'o`,;^ seem to me that a Code of Ethics violation would bolster our position in front of a jucoe saying tr;%t the State of Florida even agrees the Board Members violated the Code of Ethics in their a `ens in do something detrimental to the CDD in helping their employer avoid the responsibility of paying for the preserves as it should. If a legal analysis of it were to say it is a rather iffy thing to get that Cc of Ethics o.-complished with the State of Florida, then I don't think the Board should go down than ro,..j, but if a !e J analysis shows there might be closer to 75% to 80%likelihood it would be approved by t`s State of Florida, I think it would bolster our legal case. I'm still on Board in pursuing this. Chairperson Stamp: 2. 7, correc Y,;_, if I am wror , but I don't ti-ink it would be admissible. Ms. Jessie, Tolin: To jur iO in, it is confidential the proceedings of the Code of Ethics violation, unless the respondent were to cur: to waive cdentiality which I doubt would be the case. Mr. Kleck: I got the- c ,'on when r counsel talked about that at one of our last meetings. We are chasing a rabbit doy.-- ebbit hoe this point. It is not going to get us anywhere. In fact, it might work aga'hst us in Jger pictare, so I'm willing to go along with what Counsel says and their recommendations. Mr. Winters: I have -ent take c:;; that, and thct is as witness what they are doing with the Hatcher pond, Taylor Morris. ;tinues to act with impunity. No matter what we do, they don't act with transparency. They et anything they are doing with us. They don't ask for permission. They don't ask for coordination. Tr just do what they do and then it's our job to catch up with them and try to fix the damage that the;' My view is that the Code of Ethics complaint might get the attention of other Taylor Morrison emplo-.ass at headquarters that we are serious about pursuing Taylor Morrison to fix the damage that the -ausing to our community that they continue to do even as we are sitting here speaking. And this is 'ay to rr_oc^ out to them and get their attention in headquarters. Mr. Tom Kleck: -,ake the: -fc'mation know to our Counsel? Ms. Tolin: 'can spec Greg. Discussior ensued rega°;ring the Code of Ethics violation; the fine going to the County for the Code of Ethics; spc iding thousa-ts of dollars with no fisca: .-eturn for the Code violation; whether the CDD had the right t:.;file an ethics complaint. Ms. Tolin: If it is going to be filed it should be from an individual standpoint as opposed to on behalf of the CDD Soard, one due to those concerns, and two due to the fact that if there was a finding of no violation then there is the potential. they could basically tax attorney's fees against the Board. Chairman Stamp: And h`they did win, i would assume they would waive confidentiality and try to get it in. Wage 16 I 1 Flow Way Communit, C ,elopment District April 15, 2021 Mr. Ron Miller: So, yob •e saying the Code of Ethics is irrelevant in the State of Florida. You can do as you wish without conse( aces. Who 's the point of having the Ccde of Ethics? Discussion continued retarding the Code of Ethics; individuals being able to file a Code of Ethics violation complaint; a ode of Ethics violation complaint being a private matter unless both parties agreed to waive confidentiality; and there being no public record of Code of Ethics violations unless confidentiality was wain- J. Chairperson Stamp: I t, :.ik if you really want to do something on this, when we get into discovery, we are going to find that 7aylor Morrison sat around in a room or circulated emails in violation of the Sunshine Laws to script `7ese meetings. They are not doing what we do which is not talk to each other. In that you might have s L-cie meat on the bone then. That's a whole different thing. Mr. Winters: They a down here rn a car and voted the same way without talking to each other? Chairperson Stamp: :ure somebody had these property acquisitions on the Agenda and said these are properties the a should accept. I think there would be some better use of our resources than wasting time on an e :omplaint. Mr. Winters: I agree w.::: Supervisor Miller. It's a shame to have this law in the books and have it be a complete .;paste of tine d unenforceab'e. FINAL BOARD ITEMS NINTH ORDER OF BUSwESS Audience Comments Chairperson Stamp asked if there were any audience comments;there were no audience comments. TENTH ORDER OF BU.:SP'ESS Announcement of Next Meeting May 20,2C21 ELEVENTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 1:52 p.m. On MO:1iON made by Mr.Tom Kleck, seconded F:y Mr. Ron Miller, and with all in favor,the Meeting was adjourned. Flow Way Community Development District James P. IAP. A Zack James P. Ward, Secr _ Zack Stamp, Chairperson 9IPage Signature: zwksta Signature: P uJ 16 1 Zack Stamp(Jun 4,2 115:57 EDT Email: zackstamp@gm2 i.:: Email: jimward@jpwardassociates.com I 6 I 1 FW - Minutes 04 15 2021 to be signed Final Audit Re[ _Ti: 2021-06-07 Created: 2021-06-0z By: Cori D:ssincer(coridissinger ?wardassociates.com) Status: Signed Transaction ID: CBJCHBCAABAAmdLn50r-.E:grrhGfM1cwXtnGoRg5SuYa5x1 "FW - Minutes 04. 15 2021 to be signed" History it. Document created by Cor' Dissinger(coridissinger@jpwardassociates.com) 2021-06-04-7:35:48 PM GMT- r'address:35.153.123.180 ti Document emailed to Zac: Stamp (zackstamp@gmail.com)for signature 2021-06-04-7:36:17 PM GMT Email viewed by Zack Stamp (zackstamp@gmail.com) 2021-06-04-7:36:23 PM GMT-IP address:66.102.8.96 rya Document e-signed by Zack Stamp (zackstamp@gmail.com) Signature Date:2021-06-04-7:57:49 PM GMT-Time Source:server-IP address:71.208.18.73 Document emailed to Jim Ward (jimward@jpwardassociates.com)for signature 2021-06-04-7:57:51 PM GMT "": Email viewed by Jim\1Vard (jimward@jpwardassociates.com) 2021-06-07-'5:56:42 AM GMT-IP address:3.82.77.77 6. Document e-signed by Jim Ward (jimward@jpwardassociates.com) Signature Date:2021-06-07-10:57:09 AM GMT-Time Source:server-IP address:3.82.77.77 Q Agreement completed_ 2021-06-07-10:57:09 AM GM? 13 Adobe Sign 16I1 MINUTES Cf= MEETING FLOW WAY COM NrY DEVELOPMENT DISTRICT The Reg i etin Board or rec`ors cf FfcW Way Community Development District was held on I 7 7 ly,Jc 2021, at S ' A.i'?. in ti,:e ::nfe;ence ro.:m of the offices of Woods, Weidenm Mich `i, ' Rudnick, : .-3 Strada 4 Court,4th floor, Naples, Florida 34109. t anc 2tuting a c: un: amp Jerson ler Chairperson Eck _. - -rot Secrstar Mil Wir :._`:ant Secretar- wiser- '.W - Co. 'ct Manager ood, -'ct Counsel /less _ Cct Engineer . ce: )gus _r: OA A resident r nes were )t included .vith the minutes. If a resident did not identify tr mselves or • audio HE c'-d not pick ap the name, '.he name was not recorded in these rr tes. PORT ' S OF TI`;.x ::ET?NG ._ - + ANSCEi _C VERBATIM, ALL VERBATIM PORTIONS WERE F;"•iNSC' E:: ' IN ITALICS. FIRST ORf'':R OF BIJ.: N C S Call to Order/Roll Call Chairpers :ck Sti,mn f :ailed the r, >sting to order at approxima'ely 9:00 a.m. Roll call was conducted, and all • ors c Board \.c2 ,r€ ent, .�"i the excepti of Martina Winters, constituting a quorum. :atec would l <_ p,_-ioc commer at the end of the meeting for non- agenda it. SECOND C ;DER OF ESS Public Comments'tor NON-Agenda items Individua are perrnitt. to speak c items on the Agenda during that item and will be announced by the Chan; rson;comm : is limited s : Three minutes 11Page 16 I 1 Flow Way :: n nuni J: -e 3, 2021 Chairper-. tamp c' then _ bi is regarding non-agenda items at the end c a mee . -ver; a be to reccg, speakers for brief comments during regular AL la lter NEW BUS THiRD G" 71 OF BE ` ratio: ' 'inutes April 9. `x, Reg, rtng F.' Chairpe.: tamp t re was _ ror i , n'snutes v'h needed correction. Mr. Waro Jr); page above thr oard rs. where the :Thairperson is talking, we are going to change th senten( =ad "1 r— ie'- -he(= arty acquisit'ons on the Agenda and said these tyre prop Di;t- I'd his t` would be Some better use of our resources on wast - rn ar -rnpiai;t ' We will mc' that change as appropriate. Chairpers Stamp a kf: if there w= ar•:other acoc+itions or corrections to the Minutes; hearing none, he called a motic On 'N mace M Tc,-- etc, seconder' by Mr. Drev-' I�/faller, and r: al' in fa' *` , 7021, Pe.€; 'ar Meetng ,Minutes war al raved as Md�d. _ FOURTH r :DER OF i:SS Corr deration of Resolution 2021-4 Considers. >n of :ion 201 :;f The i?.ard of Supervisors of Flow Way Cµrnmunity Developr yet Distriroving a z. .posed Bud'fcYt for Fiscal Year 2022 and setting a PuVr. Hearing for Thurs ,,'July 1` : ' .1., at 1:00 n. thereon 7:mrsuant to Fielda Law to be held at the Offices of Woods,V 'denmili hetti, & r. sic 9U.;; adaa Steil Cot. Suite 400, Naples, Floric!a 34109 Mr. Ward =iscal Ye 2 '2 starts Cc er 1 of a'-and ends September 30, 2022. The Statute requires rr to;prese .fidget to y; !:refure J r 5 of each yea;. You are required to approve it, solely for e purpos tting your 'uiic hearir- . Public hearing.: is scheduled for Thursday,July 15, 2021, at 1 '0, here c Law Offices of Woods, Weidenmiller, Michetti, & Rudnick, 9045 Strada Steil Court, Sul; 400, Naries =lorida 341[ I will point nut to you that the approval of your budget today does not i 'you tc -f the serv.. and progress contained tr?rein. You may change those as you deem app ,priate be cw: =n now anc e date of your public hearing. It does bind you, however, to the maximurr ssessme -s that are :cntemplated pursuant to the preparation of the budget itself for Fiscal Yea :022. Ti- is$525.C,' per unit, per year,for 1,150 :.mits which does include the Hatcher property f 2022. i Jarison yc r 2021 assessment rate is$5;5.08,so we came in a whopping 4 cents undo your exi ate. Discussion ensued fig the nun of Hatcher units and the lumber of total units being assessed. 2 ' Page 16I1 Flow -nun . '-spmerr.. _ June 3, 2021 Mr. Wa nun _ units i .. .:Tv ° she .::es'this nun-. - four times. This is the fixed number of units, e wi D'st bo: da, ` eluding tie r• etcher piece this year. It should eventual 3nsis ith the -e-once it 1-,us ueen cc-ma teiy built out. Mr. Ton- Is t; includes these numbers? Mr. War: unit don ' ,ha th,E .ar king let as to the sales center is. Mr. We. are Mr. Wai c. 1 it v Mr. Ror :ske ; es include:' the assessment roll. Mr. Wa fined in tue s ,essment roll for 2022 for purposes of open-: d rr ^d her proper us had no debt and as such would not be lu .:_1 in tF 'SST =t`s boric' Mr. Wa ; ,_?rms 3udget a es_s, ; the serve c what we had in FY-2021 and includes °. rm v :ancgerr:.. , =m !ssu• ption that we will take that over at some point. It does inch e apt to levels o. -ding 1,fir:; -spect to the:''igation we have ongoing for FY-2022. The way _. ced : get t/i itic_t _ being paic', . r through cash carryforward, so that will basLr ep tl essrnem - sa; r.:' ?y into 2022. 4t some point that rubber will hit the road in sc ture a`you exc., of tha ies that -✓e in the general fund as appropri;: you a that, c r✓il.` Y s r ve us.: o carry over. At some point, in 2023 probably, don' .he assE__ t: over number, hen you end up having to reduce your bud: :;ordi order to _ •;eiisate f�,, _:h-hat problem. . will just point that out to you. The balance c s budg :xactly the e as who- a have seen it the prior years. All of the debt service funds b; deco, n c ._ , .y the prig tit: I and interest due on the bonds. The assessrre. ?s fo. he proasi . -saes as_ 'ed with the vs sous bond issues remain the same from ye:, 'E ar sit :e evy or . s cu.'le:; r; rn manic sebt service. As principal and interest changes c a ye r-t /ear boss_ insight':.is i;tile lover •_ enue than what's due for principal and intern a lit ?n -e revenue: s due tc, 'rc pal and in; :rest, but the assessment rates remain cc art. Mr. Ron r indict was st;' used abc, tree Hatcher c Dperties. Mr. Ward f you loc _age 22, 1'. you the u er which : - did i say 1,150 units earlier?—it is 1,184 urn subject t- issessms: F-20.22. 124 is the c cct number. Sorry about that. He asked if tF -•e were a r;N .restions; r:- ng none, he called for a motion. He explained approval of the Resolutio: ..t the p tearing di. Mr. Ward 'dour pub'i: ;ring is Jui Once ycv -at to the pub bearing, you can't change this budget be ,use I ha - way to sec v/ate asses;., arts during ti T public hearing. I will put this on your regu. Agenda r,e month an: a couple c; eeks again,jest to see if you have any more questions comme `s h respect t. and the • the public hearing it has to be adopted. Mr. Ron t4 er asked Budget/a: ssment cat 2' could be lowered at the public hearing. 3IPage I 6 I 1 Flow Wa nun; c:;n e- June 3, 2021 Mr. Warc 'hy 4 10E o .`i if 0 ::'L, 1 am going to have to calculate the rates `her but%t'- =ferable in tic;:-s world not to do that. So, if we have any thane she tc iiake ri your ns ;t meeting ch I believe is in two weeks. Mr. Ron!1 sr: l th, Vic: ' give • 69 days'notice to the County. I don't thin c have Mr. We ?e Stat ce cr-e•i u approve it, so I actually did the notice 7, ago. 'On oreri„ Mr. Ron Miller, and wit! 11' f as apron+_.!, and the Chair was l'aut• iri FIFTH L 'F Bh ns I. Dis arne = , 3,R; . , a. Woc have t al. •=lorida Wafer Management DL 3cisic a on the _ • --ire Sown, F.;:)rida Water Management District tha: F were.one .arred by _/op£-, - : His taken c•evious to our involvement. In co_, _ opir :'e is red ,, _ :_:-tin r: ppeal of South Florida Water Mo = lent r. Basics .ou:, r i; da `.later-N+r: nnagement District had limited us to verb aw c the las: nog; Beca:'s s CDD had been listed by the dev _,er as c `jai one; e,tity;r tip: original peso "s and in the 2012 amendments, we wen r;t alloy i '. ; i on. . '=i -n ~l;e sta' e developer did previously, I don't th r s wort -ne or me i -o-the G s to appea,. Cho -non S _ hat > r " The new HOA? is: It ut s (indecii :,cble). M.r. Allier • t reall}% at, ocr 1 ?re saying ver well. Mr. :gods: B :c e of the de _ cper's prior ctions in listin 'the CDD as a potential operating ent `he 2 -rrnit and '"?::2 ar',_ --ert, it,:;ace t difficult for us to appeal with the Sou =;crida Manager. District. The South Floridc, Water Management District limited our :peal to very late odiificaticr Het was done in the fall of 2020. Because of that limi area ti could app :cite fro.Ji , counsel believes it would be a waste of resources to t and app of at very lirr _;issue, and-`"at we need to focus our efforts on the Army Corps and . e litigat Mr. eck: Do : -mean v,'" u c better c`.-ance with the Army Corps? 4IPage 1 6 I 1 Flow Way 7,nnrnuni`' C. alopmer: ct June 3, 2021 Mr. is: 7 , ,v; .aze e d affect the other. Cl:a rc -on 5: �p/ou'N the Bi , r o,n the :7 dismiss and where we are at? Mr, As: V a ix.trr la, %;, c;`s, defer ,'s, motions.`o dismiss. The court me _ c',; liti iil pro;-.E..c 1. Somewhere up the road there will be v on fc ,x -rmar;!c _ ient, but 'hey can't dco tat until after discovery and a bunch of s' ';;; so the occur ,eras, c *s up the f a: Cha -erson 5 The PO' are rea-,q ng? What ar: they doing? M rr. c'Is: I the i10f :e retc new couns_ 'Jew counsel will be making an ap. ce. _. s in litigat.c : to align with us. This is my and ` idinc en: is •, ; or logE t_: the Master HOA Meeting. I!. Leis neE Mr. otec r Mr. c: I -k;ng on tas;.: st.rrtina the :/t meeting, or July, we will have an Engia 3epo 'dentifies rstending ite is I am lookin;at. III. Dist' - iag€ lard &,`- :tes, L._C a. Rep nu f Reg:stc, veers.7s o \pril 15,2021 b. Fins _ Stat for per . :; ng Marcie 31, 2021(unrudited) c. Fine :iai Stat- for peri : ::ding April 30,2021(unar.dited M aril indi : :e was re -ed to rerorl to the Board t re number of registered voters resi g withi ;strict ar: He note: as of Aprii 15 2021,the District had 1,115 reg e J vol noted } anger sign,: _ant for the Flow Way District as the Boa would r transitic to a qui Vie:: elector Boar:' in November of 2022. He noted no acti wv,s re- OLD BUS! 7.5 SIXTH OFF 1 OF Bt. . `g' -,ement with i.1HOA and District Agreemer with Maste ,omeowne ';Association and District(Cantinuing Item until Final Decision) Mr. Ward n uerms `tie histc: ',e nave an c greement witr the Master homeowner's association to maintc the Dis :ssets. T - 'riclude e✓c. thing with ti=e exception of the external preserves which we . doing '"'n- ise"fort rarnent. Th.,: 2020 Budget contemplated the District terminating the agree ant with t`hE ''aster ho ,vner's assc 'ation. We ci :se not to do that. The 2022 budget P pe 1 6 I 1 Flow V\1,. , 'nuni -. June 3, 2021 has the _ ance I c.. call -;ir: .ine of the new members of the HOA Board eeks bout hc•.. '-ansiticr : facilities t--,.. s the CDD owns over to the CDD and keep thou• '.. , the :hat neec t. : there or, cn ongoing L c We are in the throws of preparing that ag at me. co.' e ?,c:r .✓ith this 7 .. "-eeting in the near future. The big decisior D Bc ii ticvc _ is w,;e'.;. :or not,. 7 assume those responsibilities from the HO.: :. Ding .. . '7 ild n: cane in co- c, .ith the HOA. Mr. Klee - .`ere c "a" ;t,' n;'rhas :'igations `hc are going to be responsible for? A specif 'i:ems: Mr. VV- bud. c :err: cost of those programs. :n order to do the 'st yc ' "- ,c et :;to : •_ .rational part of this job and put that togeth: rally lo. wi. c 4 e to do ona day-to-day basis. Mr. Kle iuld . K,- . '. goi,.a ;e specifically before we take on the obliga Mr. W., an :rc 'an what we have in the budget. Mr. Kle, s exa.. cf what or : `aking tasks, for example, fountain mainte Mr. WE . A to :gether a ,. c.et0.:. of CDD vers s HOA obligations. Conceptually what I was t vas 3f the ass ;cc wi`" '3:: ryin with the -OA that's ours is the reuse irrigation system., s the ed to - ac. , : :u ert' < :.c;°1-:.nuni4. -- at is better served operationally to be within t.`:c 2xt o 10A, s;, n ijrt;-;. _:scope fa. 7t they need to do for that, to operate and mah pat r ysterr. - to a,_:t 1 `o actucl.-y -epare that for us. Once I have that done, I v✓i. 'o, anoth, ke for oti . ces. Chairp c Stamp: if we tc .' r, we";e g rt the money: the budget, correct? Mr. W. 'rect. t.- , 5 :,c;.,_: the ex:s in contract. They have a longer period. They a- r ter _ , ;te :id unilaterc terminate that, and we would have to take :k as cber 15`c. as point ' c"ose to do: a. Chairpers imp: time to ;,act this change. Mr. Warc e de. . -I- is arobably stober 1, our new budget year, would be a good ing f . ; My;:hour' :t is, if the HCA wants it dcoe sooner, we could it soon :id give ;s a couple cf rt aths over the summer to aet prepped for an Oct Jer 1 sta d Mr. Ron F 'ler: I'm a, ✓ to see ty, re proposer' budget induces the funds so the CDD can take this over and i. y for its s :nsibilities - ;- %t this ocint in time 1 think i would rather continue it as we have been con: suing it, uch tim.a -cylor Vor-son fulfills i..`.3 obligations have been fulfilled and approved the Co still am : --= view that something coed come out of the woodwork that we just cannc anticipa- :. •ferring th.: ,-il that'tic-a: I think would still be the best approach. We should 6IPage i6I14 Flow Ws. . rr nuni :I3prnen; _. June 3, 2021 also coon this {- 2 `ew 2 we are one and the same. I would be interes i the ;oirt ;J Mr. Dal,. aslat, U cst :. so, let' Taylor Morrison out of this for the moment ass s` y t', ?/. won.' . ;nnclude funding in the budget for mainter.: ld CL a is j-4 te. Mr. We -c 7't tc ;: : lC; c;"r,;., but: the CDD's current budget. Mr. Sc;; ;r. S foliowec` ; assumption that CDD would do the funding, e've r ;ot hor that assumption. Setting aside any reasons king c pair: HOA where we are having to pay $16,OOC pl udget. _'s a big chunk of change to fund mainter -r th _ e iirtually y.:! ; going to be, if you build a budget assume' r foi vant tc :ooperatively on some end state that makes . be 'e iO. , :: :� is in the middle of that. We have got tin_. ?rs c c -.. Gorski ar c Olson, the task of leading that for us: who = ape re s, etc. i'a , to get there as quickly as we can to get our andi: is not in e: -udget. From the HOA's point of view it is cre. role; 4 w ,;e l.'s 'n ;,e don't`:c - . Chairper; Stamp: :: r . an ce this ould do that would come out of the woodwc. c: wo! ` r bat` `, OA and the CDD are both the same people. Mr. Warn o'ree. ?/- and C. e the ss'r pool of peon. The assessments are the same pool of peop . Seth. :e . 40;' ;.ris point avc.,. have no affect on any deficiencies or good tr t ha re cc i 7 ' : T._• -:one and the came. Mr. ;Ore .r: S.: ^, an cc; op with a f o; ling agreement with the HOA, so we wouldr to h .r, _a sr ^ve ccu s pay the HOA; they could keep the contrac.. : hat ct t ends. Mr. Wa:.. c We a,- ,` r HC Mr. Ron er. Has _.gr y v rison on the :rids? Mr. War: .n't;. . .e answ;_ c We will h< ,:e to find out. i think it's close, but I don't this.. s total Mr. Bogy ws'ci: T Morrison s :i an :;c;.. menz with t.' -IQA documenting Taylor Morrison's commitmt 't tc us. in and Bar - had a s_ 'c°s of meetings with the Board elect before turnover. The agree, ,enr bas .ays the pc - -s wou.a s ',ft to the ope ational phase and we would become responsib for then 'tor Morris could coat:'ue to fund a performance bonds for a couple of years ana 7y -or a; 'ticnai plan -es to meet :-iteria, evenextended beyond the two years. This was then,- =lling us .vas going rapper co-, they were a;: eeable, and it was their idea to put together : agrees .. o docurr.e; .' at their c_'nmitment we . On the county inspection issue, my understc' :g is thc have con a at, the Cci.nty has come out, and done a series of inspections 71Page 4 16 i 1 Flow W nuni ;.m June 3, 2021 around _t erior 7+, 'I r j's to b:: :'nc:. _auate, and pointed out some other things the " re ai 'c " and wash ?. `s and things of that nature. Taylor Morrisc :hat outings. `c_ '.aressed some of the washouts and I don't be e Cc c 7'ed off•ce) but progress has been made. We both hi..e 1e et c, J ;, e HOA, t. tiorm turnover related due diligence work, a; e als : u he lake_,. ink we have a handle on what the shortcc, _, , re, a it a xc whate: e sse findings happen to be and try to work wit', y. Mc oi:i_:o'c:or all sides. Mr. Ron r Bee .` z I . u.nty I.a;r: ;ned off, and Taylor Morrison hasn't complete: e Nork :,r'ng th, a: .lent for a while until that all occurs but let's c c: ck tc ag't C: the money me budget, and I would be happy to pass a me ;o th. the s`y; c_ and Taylor -rison has done what it's supposed to do, cou;:;': do : :ng as a ni. • have the C commit to retroactively funding this thing and ?ursi, -'OA uoo 'etio' Mr. We , we c , `o pa', .24 pursuant to that agreement. It is just not,o e. V i;ire t:: c'nE ;at's fine, r;. :ctually reimbursing them is just not somethir, voul• a e to co. Mr. Wocc i,gree 'r. Ward. Chairpc ,rmp: _ oentogee :!ng over the contract immediately? What ben -c Des t i�_ ';e HOA 7 Mr. Klec?-. V l Ta, :rrisa, ` den:': = to complete al' of these unfinished projects: t e lal the p: .e . . .,sues: sticed they are out there working on them now no I wa_ 'ering iif given :1 a date when riot's going to be completed. Mr. Bogu. 'ri: , t in the ct ; ^lathan and .-bara signed what they thought the timeline IC like. salty she .er. 's of the per,_ :nce bonds as they complete various chunks of . Th ` of the 7 broken u_ y—i think the preserves are broken into areas -i. ire is corimr r: know whe, the end is reached regarding success criteria cx 'y Thi: of those hE• . .e said :ey'd do this. They plan to do it. Mr. Ron. ' :+ I cc to have -trust ir: ':ylor Morrisur I'm sorry to hear that the CDD can't retroactn, reimb;. e HOA. _' ter'.es concerned at nut the HOA suffering a deficit for a period of e- ecai • .e it sorts ;s still the money and the deficit that the HOA may run. a-raril; 'inply res: • s--!uce " ;'fees in `he : re and the residents are whole. The residents rat at :re with fu. 'rig. It is on, 'a matter of ow it happens, and/ would like to see this thin_ !etec gned of; ne C: C :aces that :?;act. Mr. Bogs: rs;i: YE money cc ::'.t of 1"''E •7me pockets, ut if we have to pick up$100,000, we are goi-7c educ e service ,•IOG,;701 My polo!. `he $100,000 has got to eliminate somethinc nc'it's: • ing that r, s wi.' It will be c .:me if don't deal with the near term. We just w t'roue ' 'over. Res , are e rc e sing things t:. "mediately start improving. Chairs_e mp: outcome • ,. Da.e. :-:.:,nt out of Ors What would be your ideal outcome? Wage 161 1 Flow t', muni ; oK,rrer Ju 3, 2021 Mr. Bc is S, o.', is c. to vs'':= Board is, i r✓ould like to see, unless it is so 7urtf ;lc I. 6 ;t v! c ow we budgeted for the thing. We agreed t we to b.= a. .. ..rc not; 1 that. Chairp imp: s b e, t` we wo -;sve as early as today. If not today, then at jun ig n `c ;rr ti irt; : -atice for termination? Mr. Boon- ws ci: I c ink tcd. or' c fak so-Jr- :other than later. It sounds like Jim is close e hav ::e ; ,- . es. Y to run your process and we need to run our_ :'s us arc a', c ;s bo ; s. Chairpe• ; amp: su' i:. c . Bonds the next met:ing. Hopefully, Jim can get together with G I Ols :s. r 1. c p `erminctir:- the agreement. It makes sense to do that fro I knc ,n': s_: c riunity der any benefit by keeping it with you. Mr. Dr r: I . :k `he ag' t. I think 2 landscaping is in the HOA b:. g d it r. ; it r 1 !c. 2 you gi.' -le in and a'c a strip that we are not manag;i_ 5 Boar of Iona. t,' ''re going :: Wend it, correct? Mr. Ward. 'was act going to agroc.-'sat and put'i`; new scope attached to it. Reuse was the big o: Mr. Dr:_v; '!i'r: L ,at $E0, . ' : -s rdscape ser ss,, and $80,000 in lake bank littoral ce,ls. S r. -e gc vor.c th; :sc::=. 'r:'make.Si; =are aligned on that. Mr. We 's tr !ght, yes Mr. Ror or I lih lea o .ac c ;;s abilities a. ,d, such as the entrance landscaping so we cc 2 on scope c : :c:r for i, whole corn,:' '.;ity. I think long term, what I am hearing, .r better s 'a than v- urrec :ave. Chairpers Stamp: : -e anyth!r _ ye:, 1';.-,t to give as 7 update regarding what happened in your HO.AA -ee ing? Mr. Bogus -rwsW: N covered -:,iscu sec meeting link r.'.:Implications. SEVENTH RD,'R Of LESS Di ;fission of Pre'=rves Discussic° 3f =utur :'sing of N' :. z: -n and Mar imance (Continuing Item until Final Decision,' Mr. Wooc. In the . Tim Ho.: rreil H. (indeciphera e)procedure, they have proposals for settlemen I Teed to the ;our ';- a proposals i settlement in a shade session. Jim what is th ,anc 'e could at? Mr. Ward The regu . e Meetir :;-edurs' r,-June 17 et' 0 p.m. 9lPage � 6I1 Flow V nuni ioamen': June 3, 2021 Mr. VVc eed : o svi: . :ten.ar.'for that so :an get the list set. Mr. We : a ne( , ".c _hink Jute : as a problem because we have two Board r( : s wh 1/;c, 1'1 Jo is we wi st the four Board Members, with the exceptp. = n,fc ;s. ti: , I `11 hove cc afterwa�-:�'s if Ron can make it. If he can; :it, ). SC._ sion sca,se,ou :':have a gecrum. Mr. Dre:: r: I ', s „)c aut of it. I :' ',c technically I could attend this, but becaus: and _ .n_ ,cght p::ocesses on i < • to handle a proposal for settlement, it is quite _ly that c -racr -s -ag aroposai for_'ittlement. Mr. Roe .r I'm _ rd but if`hem were a need to have a quorur: ping r, t:.,: old fly.r necessary to make sure we do aoru Mr. VA gure . t a fter t Mr. Rc Ge : :)a ..'a :ommen'.. . Taylor Mc-rison's commitments. I read tr: hat, fot,,lc w .:y ,+::.-e .'alking abc :ive preserve areas where they had commit a co; :he fund, :u . ==s er:a w re . ';shed, but;didn't find any definition of wha five :'e areas Thatrc sed a quest: in my mina. Has Taylor Morrison committs ake : the funs "e ex.-et :ri preserves ritil they meet success criteria, or are they to 'y abc internal Mr. lac tie tic =c'- f' sr- : a I don't 'm: what it says cr doesn't say. Mr. Be <i: I tt s con i c ?a by are,-; as the preserves are defined on the maps -allp Mr. Rc Doe c, cc c = the excrnal preserve. ? Mr. Be ;i: I i :. = _abject io G: ,g back and checking. Mr. Re We has Tayl or c cited to stc 'a:nding the external preserves until-- ? Curre :` CDi -ding the pr_° ; ;:o meet ` : ccess criteria and has been doing so now for se >ra year Taylor N _ cc now ste toed up and a geed to finish that funding so the CDD can disc': tha: Chairpers J imp: the way : 'no. tr-:y will main- the bonds on those properties, not that the,, a th< g. But r, t is they are at.' c-vledging for the first time that they didn't ha the mai e done :Bey ti:rne i'it over, wh c was one of the Corps'requirements. It's a fa.-: oo,J adr oy them r r="y were;:-emature at :-t. That's how I read it. Mr. Woc I 'ould Mr. Ron "r,'le I interests • .: have c;,"emitted to something, which is somewhat of an admissici ,at they 't been do ;;nd they :vili continue +got fund it. 1101Page 16I 1 Flow 1/Uay ;nmuni ,:-!iopmen' c June 3, 2021 Chairpe.'s Stamp: several c. -_ Ind't to kind of biz-. Mr. Bogu: ti: Ti their doc „%that the, drafted and eared with us. They added one or two things :.:c -- sugc the tai at spek: to their corm fitment beyond 2 years regarding the funding, : thei leritatioi commitment. Discussi_• (!:inue' -ding the /orr isor document. EIGHTF OF t :3S Sty ;items I. Dis orne a. C. it ref; Owners; Mainte: ance respons a:lities for the Main Preserve located ; e bo: 2s of Flo - DD. Dnal corn Mr II. Distri nag( A'c - t. NINTH c' r OF B 0fx c items Chairpe-s it imp: 7v:-is rr:•;•.ing these r . .sings eventually back to the site, and what the -ing we et. ' m, would ye kke to work with management there to seer:,), -kly t jt us 'we chose .cove? Mr. Klecr: r,ould ;editions c' include private, quit:. board room to have our meetings. Maybe ','a be 5ut in that,- 'nities Center it isn't going to work. Mr. Wan_ =-cm a perspect ,c:tober 1 is a good date, because 1 have advertised everything through S etember 721. Yot. , c'st meeti. ; will have ?solution which will set your Board Meeting c es, time' °cations = caber 1 c so by then, probably the 1'of August, we need to have a :alined Ic . I have 7.7cts over there so— Mr. Bogus wski: Re ' :. slly, the c. ;cort, `h: som in the 2ck of the culinary center, is also very noisy. WE xvz an i c cs proble h `;ui'd gs that we a trying to address, but either place is going to,t noisy. Mr. Ward ' can to noisy rc !.most ire ciossible, espe.ially for those of us who cannot hear well. Mr. Kie is to )rivate `ror:-nen ;or the elect,- ':ics and for the Board Members who have he- ?ficits 11IPage 16I1 Frown 1. nun t e S. 2021 Chair-7, imp, the a •ts to k on cat _ I would like to get there. Mr. Bo. <i: V a. We want have on-campus meetings too. We will figL. _ way <e t„_:sc i Mr. RC-7 Be ye move c Irem rm ber 7 — The COD has provided a budget for the preserves ?hi jatio; ;air ten° t ,v .Ptinuiry the ;object of whether the COD will in fact provide t: f:;ndin .411 decide s:op th? ing. That is still an open item, but we have the funding it :he bud! 'he even r. n"e c: e forward funding up to meeting the success criteria Chairpe -`imp: =t. Mr. Ro; I jr„ . to bs sc y Ne hu.. .'t committ•:: here today tc continuing funding the external c ies. Chairpers , imp. Vie have r: ii`ted `c wing the re. :urges in the budget to do that. It's similar o -nmi ;iavi ig t e vrces f c -ie law firm .'oes not mean we are going to give it all to th it it' if we nee Mr. Ro: Has ::D at this :it contactec,:he Army Con: of Engineers? Mr. W_ 2 ha tired a re a ?tter; hov aver, I want,. discuss that revised letter with the HOA. ve b it up yes. :Icy but wasn't in a posit; : to do so. I am hoping tc discuss a follow with and see :-re✓want tc In a letter. `cpe to be getting that out soon. Chairt.: - mp: _t a„sw .have nc but we are _ -:,.,aring to do that. FINAL__ TER TENTH 01 OF B S Audience Comme its Chairpe._ Stamp c :<c there w'. <, any audience comments;there were no audience comments. ELEVENTI . `ER C '"SS n :;uncement c: Next Meeting June17, 2 1 TWELVET:: ORDER iiNESS Adjsurnment Chairpers Stamp tic ed the rr at appros rnately 10:03 a.m. 12 ' Page � 6I1 Flow Way Community Development District June 3,2021 On MOTION made by Mr. Tom Kleck, seconded by Mr. Drew Miller, and with all in favor,the Meeting was adjourned. Flow Way Community Development District zackstamp James .Ward,Secretary Zack Stamp, Chairperson Signature: L' . Zack Stamp(Jul 19,2 2112:16 PDT) Email: ZEC 'c @gm 13 I Page FW - Minutes 06 03 2021 - To be signed i 6 I 1 Final Audit 2021-07-19 _ . —•- Created: 2021- By: Cori 7.1 .vardazsociaes.com) Status: Signe Transaction CBJC --qnX9SXyz!--CqQ7wxgHlUf "FW - Mi ‘,Lites 03 2C::: - To be signed" History Documen :,-,at'ad by ssinger 3singer@jpwardassociate's.com) 2021-07-19-E. 0:19 PM C - address:35 ' 123.180 El. Document f. naiied to stamp (za : :.E-np@gmail.com)for sign:: re 2021-07-19-E 0:44 PM C Email viewE by Zack o (zackste: 2021-07-19-E 3:50 PM G T- address:66.':T.3.3 4 Document c signed Stamp .s'amp@gm .corn) Signature DatE 2021-07-1 , 7 .:56 PM GMT- in Source:servar-iP address:71 2.38.45.239 0 Agreement ompleted. 2021-07-19- 9:56 PM GV7 ing Adobe Sign # - N 3 . oiet‘apirs 4 attUr 1 6 I 1 PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWA RD&ASSOC LLC 2301 NE 37TH ST FT LAUDERDALE, FL 33308-6242NOTICE REGULAR MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT Affidavit of Publication The Board of Supervisors of STATE OF WISCONSIN the Flow Way Community De- velopment District will hold a COUNTY OF BROWN Regular Meeting on Thursday, June 3, 2021 at 9:00 A.M., at the offices of Woods, Before the undersigned they serve as the authority, Weidenmiller, Michetti, & Rpersonally appeared said legal clerk who on oath says that Courrtc(4thgfl or), Naples, FL he/she serves as Legal Clerk of the Naples Daily News, a 34109. daily newspaper published at Naples, in Collier County, The meeting is open to the Florida; distributed in Collier and Lee counties of Florida; public and will be conducted provi- that the attached copy of the advertisingwas in accordance with the published in sions of Florida Law for Com- said newspaper on dates listed. Affiant further says that the munity Development Districts. said Naples Daily News is a newspaper The District fully encourages published at public participation in a safe Naples, in said Collier County, Florida. and that the said and efficient manner. Toward newspaper has heretofore been continuous/ that end, anyone wishing to y published In listen and participate in the said meeting may do so remotely, Collier County, Florida; distributed in Collier and Lee via the WebEx.com weblink posted to the District's counties of Florida, each day and has been entered as website www.flowwaycdd.org A copfor the second class mail matter at the post office in Naples, in meeting f may thea bed obtained said Collier County, Florida, for a period of one year next from the office of the District JPWard preceding the first publication of the attached copy of aces LgLC, by calling&954ss658 advertisement; and affiant further says that he has neither 4900, email JimWard®1PWard Dis- paid nor promised anycorporation any Associaeb m or on the person, or cor ration discount, trict's web site at www.floww rebate, commission or refund for the purpose of securing aycdd.org at least seven (7) this advertisement for publication in the said newspaper. ing. in advance of the meet- Published: 05/25/2021 The meeting may be cancelled or continued to a date, time ..► and location specified on the record at the meeting. In accordance with the provi- 5ubseribed and sworn to before on May25.2021: sions of the Americans with Disabilities Act, any person re- quiring special accommoda- tions or an interpreter to par- ticipate at these meetings should contact the District at I)Lt.1.0. 'r v t ev\,a L r. y....:\ (954) 658-4900, at least five (5) days prior to the date of Notary,State of WI,County of Brown the meetings. If you are hear- ing or speech impaired, please contact the Florida Relay Serv- I A R A fv10 N D l o C i! ice at 1-800-955-8770, for as- Notary Public sistance in contacting the District Office. State of Wiscons.n If any person decides to ap- peal any decision made with respect to any matter consid- My commission expires August 6,2021 ered at these board meetings, such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the Publication Cost: $287.00 proceedings is made at their Ad No: 0004732837 own expense and which re- cord includes the testimony Customer No: 1305088 and evidence on which the PO#: mtg 6/3 appeal is based. #of Affidavits 1 Flow Way Community Development District This is not an invoice James P.Ward, District Manager 05/25/2021 4732837 41, Natitts Datil; Artin5 1611 PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWA RD &ASSOC LLC 2900 NE 12TH TER# 1 NOTICE OF REGULAR MEETING OAKLAND PARK, FL 33334-4447 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of the Flow Way Community Develop- ment District will hold a Regular Meeting on Thursday, January Affidavit of Publication 21, 2021 at 1:00 P.M.,at the offices of Woods, Weidenmiller, STATE OF WISCONSIN Michetti, &Rudnick, 9045 Strada Steil Court(4th floor), Naples, FL 34109. COUNTY OF BROWN The meeting is open to the public anda will be conducted in ac- cordance with the provisions of Florid Law for Community De- Before the undersigned they serve as the authority, velopmentt Districts due to the current COVID-19 public Health Emeency The personally appeared said legal clerk who on oath says that a afe and efficienttlstrict ma neully encourages public participation in he/sher. serves as Legal Clerk of the Naples Daily News, a Toward that end, anyone wishing to listen and participate in newspaper the meeting may do so remotely, via the WebEx.com weblink dailypublished at Naples, in Collier County, posted to the District's website www.flowwaycdd.org. A copy Florida; distributed in Collier and Lee counties of Florida; of the agenda for the meeting may be obtained from the office that the attached copy of the advertising was published in 658 4900, email ana J mW rr ard@JpWardAssociates.co or onhthe D54 is- trict's web site at www.flowwaycdd.org at least seven (7)days said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper in advance of the meeting. published at The meeting may he cancelled or continued to a date,time and Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in location specifie on the record at the meeting. Said In accordance with the provisions of the Americans with Disabil- ities Act,any person requiring special accommodations or an in- Collier County, Florida; distributed in Collier and Lee terpreter to participate at these meetings should contact the District at(954) 658-4900, at least five (5) days prior to the date counties of Florida, each day and has been entered asof the second class mail matter at the post office in Naples, in contact nthe�Florida. If yRelayou r Serve ice at t speechr 0-955-8770feforpassis- said Collier County, Florida, for a period of one year next tance in contacting the District Office. preceding the first publication of the attached copy of If any person decides to ap peal any decision made with respect advertisement; and affiant further says that he has neither to any matter considered at these board meetings, such person anydiscount, will need a record of the proceedings and such person may paid nor promised any person, or corporation need to ensure that a verbatim record of the proceedings is rebate, commission or refund for the purpose of securing made at their own expense and which record includes the testi- this advertisement for publication in the said newspaper. moray and evidence on which the appeal is based. Flow Way Community Development District Published:01/10/2021 James P.Ward,District Manager Pub Date:January 10,2021 #4538054 Subscribed and sworn to before on January 10,2021: i-vt cm Notary,State of WI, County of Brown TARA MONDLOCFI Notary Public: State of Wisconsin My commission expires August 6,2021 Publication Cost:$308.00 Ad No:0004538054 Customer No: 1305088 PO#: #of Affidavits) This is not an invoice 16i2 ' �� MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday,June 17, 2021, at 1:00 P.M. in the conference room of the offices of Woods, Weidenmiller, Michetti, & Rudnick, 9045 Strada Steil Court, Suite 400, Naples, Florida 34109. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Tom Kleck Assistant Secretary Martinn Winters Assistant Secretary Andrew "Drew" Miller Also present were: James P. Ward District Manager Greg Woods District Counsel James Messick District Engineer Audience: Dave Boguslawski HOA All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted, and all Members of the Board were present, constituting a quorum. He stated there would be a period of public comment at the end of the meeting for non-agenda items. SECOND ORDER OF BUSINESS Public Comments for NON-Agenda items Individuals are permitted to speak on items on the Agenda during that item and will be announced by the Chairperson;comments limited to three minutes Chairperson Stamp indicated there would be a time for public comments regarding non-agenda items at the end of the meeting; however, he would be happy to recognize speakers for brief comments during regular Agenda Items. 11Page 16I1 Flow Way Community Development District June 17, 2021 NEW BUSINESS THIRD ORDER OF BUSINESS Consideration of Minutes June 3, 2021,Regular Meeting Minutes Chairperson Stamp noted there were a couple of typos in the minutes which needed correction. Mr. Ward indicated he would make the appropriate changes. Chairperson Stamp asked if there were any other additions or corrections to the Minutes; hearing none, he called for a motion. On MOTION made by Mr.Tom Kleck,seconded by Mr.Martinn Winters, and with all in favor, the June 3, 2021, Regular Meeting Minutes were approved as amended. FOURTH ORDER OF BUSINESS Consideration of Forge Engineering Report Consideration of Forge Engineering Report on the condition of the District's Assets I. Forge Engineering Report—Report of Water Management System Study II. Discussion of MRI Proposal for the cleaning of the water management system drainage pipes (See Appendix E to Forge Report)—MRI proposal to provide services Mr. Martinn Winters: What I failed to do to the last time, Tom Conrecode, was to allow him to introduce himself and give a brief background on his resume. I think I would like to give him a few minutes to present himself. Mr. Tom Conrecode: I've been with Collier County for 34 years where l served both the public sector and private sector. I was the public works administrator for the County in the late 80s and 90s and went into private development work after that. Private engineering work, where I am today. Forge Engineering was retained to work with both the CDD and with the homeowner's association transition committee to work through some of the transition and turnover issues related to the development of this project. I'm a licensed civil engineer in Florida. I have a Master's from Southern California as well and many other qualifications over 40 years in the industry. Mr. Winters: The HOA interviewed several engineering firms to do the studies for the physical plant and equipment within Esplanade and as part of that assignment we asked them to include the lakes, ponds, waterways, and drainage systems within Esplanade and that are rightfully included within the CDD properties. We asked Tom to split the proposal so that one part goes to the HOA and the other part goes to the CDD. It has been a little tough at times to figure out where the dividing line in between the two because the lines blur when you get around the lakes and the ponds and who controls what. I think Tom has done an admirable job working through the differences with Jim's help and mine on rare occasion. I consider his report to be very thorough, very complete, and very well documented. It shows that there is roughly$800,000 dollars worth of remedial work that needs to be done on the lakes and ponds to get them up in the proper condition and then we asked for 2 ' Page 16I1 Flow Way Community Development District June 17, 2021 them to engage MRI to do a scuba diver search of ail the drainage pipes going into the ponds and they concluded that they have probably never been maintained properly. Half of them are clogged up. It is going to cost around$90,000 dollars to go in and do the maintenance work that Taylor Morrison failed to do. We have got close to$900,000 dollars'worth of work that's on Taylor Morrison's tab that we are going to try to figure out how to get done and who is going to pay for it. Tom, do you have any clarity? Mr. Ward: I would like Tom,for the record, to go through and present your report to the Board and then let them discuss it as they deem appropriate. Mr. Conrecode: Thank you for letting me work with you on this transition. I have to pay a compliment to the h'OA and members of the Boards involved in this. They did an incredible job putting together documentation and materials and making our job easier. Generally speaking, you will see in our report this is a large and complex project. A lot of moving parts on it and I think our findings speak to the size and complexity of that. A lot of things we pointed out in our report are going to require the attention of this Board on an ongoing basis. !think you've got a good engineer in place to help you work through that on an ongoing management basis. In our findings, lake bank erosion is a huge problem and that's a big chunk of that large number. We think there is going to be a requirement for heavy equipment to come in and remove sedimentation, sand, erosion of the banks,from the lakes and then rebuild the banks in a large number of the lakes that are out there. That, by the way, is also going to be required for permit compliance which is a separate issue. You saw from the MRI work the degree of sedimentation and system blockages in place that need to be removed. That's not unusual in new construction, and going forward, once that's cleaned out, we recommend that you inspect it annually and properly maintain it, either on an as needed basis, or every five years, so that sedimentation will not continue to rebuild over time. That too will be important to your ongoing operations and permits from Storm Water Management System. The preserves are another very large and complicated part of this project. They are going to require annual and ongoing inspections to make sure you aren't getting invaded by exotics from your neighbors or from wildlife transitions. The next major item is littoral plantings. Those were permitted and planned in the permanent process, and they are to be maintained in perpetuity and provide two functions really:to maintain the water quality in the lake system and to download nutrients from the water column into the plant material. Those littoral planting zones become habitats for exotics if they are allowed to invade,so again, it is an inspection and maintenance operation ongoing. Irrigation is another item we found you will have to keep an eye on, because although you've corrected the operations and maintenance side of the irrigation system. We found no record for monitoring withdrawals, and you do have caps on the amount of water you are allowed to withdraw from your two withdrawal wells. That's a permit condition as well. We found some erosion on the south rock crested weir of the flow way. That is best addressed early because if you let it go,particularly through this wet season, you are probably going to see additional erosion for the edges of that rock crested weir. The north rock crested weir seemed to be in fine shape. In addition to the flow way and storm water system things we looked at, we were also asked to look at wastewater pump stations and lake 11 revisions/expansions permitted by the developer. What we found with the wastewater pump stations, particularly the problematic one at the south end of the flow of wastewater from the system, there were two issues:maintenance of the media that treats the odor and then secondly was the flow of what was occurring, where surges and flow at the peak time of the day would overwhelm that pump station and emit odor as a result of the flows. We had an excellent reception from Collier County Wastewater Department in terms of being responsive to odor complaints and making sure those two medias are kept current on a quarterly basis or 3IPae 16I 1 Flow Way Community Development District June 17, 2021 thereabouts, as needed. On the lake 11 expansion there was an original design and then a revised design we think was linked to the developer's desire to not have to blast the rock. There is cap rock about 5 or 6 feet down which would have affected properties around and would have been expensive. They have instead converted it to a littoral planting zone, a very large one. That littoral zone is actually being surveyed today. I should have results Monday to make sure they complied with permit conditions and will have a subsequent meeting with the County Engineer. We spoke briefly about the additional work we did, primarily on structures, some areas of overlap in the general infrastructure for the HOA. That report i think would be readily available to everybody in this room. We have begun some coordination with your District Engineer and will continue to do that on an on-call basis. Mr. Tom Kleck: I did read this in its entirety. i want to complement you on your thoroughness. As part of the information, you indicated the limitations of the report, and that actual cost will be much higher than$800,000 dollars. What is the best guess for a complete bid with a price tag? Mr. Conrecode: The most difficult way to answer that question is not knowing what the current market conditions are going to give you in terms of the price. Contractors are extremely busy, it has taken me two weeks to get a survey done, and that's a half a days'worth of work. That's going to dictate some of the response of pricing. You are going to have to have a company familiar with bank stabilization and the technology and the materials necessary to do that. We think the number that we put in there, a little over$700,000 dollars for the bank stabilization, is fairly close. If you plan for plus or minus 10%, I think you will be safe. Mr. Kleck: You think it will be under$1 million dollars? Mr. Conrecode: I think you will be approaching$1 million dollars if you include the cleanouts that MR/had proposed. Mr. Kleck: What was the cost of this report to the COD? Mr. Conrecode: Without Lake 11 and wastewater system it was$17,000 dollars. Mr. Kleck: Is there a way we could get a drawing or a layout showing the specific lakes and their numbers? Mr. Conrecode: There is a specific exhibit in the final report which identifies every structure and every lake by number. The structure numbers tie into the MRi report. Mr. Kleck: What plants currently mentioned in the report are not acceptable items and are there a lot of them? Mr. Conrecode: Melaleuca is the prominent cne, but I am not a biologist and cannot give you all the names. You have a report attached to the final report from another outside agency which went through the plant zones and identified the species which were helpful and productive, and those that were not. Mr. Kleck: What is the floating vegetation and how do we get rid of it? 4IPa e 161im Flow Way Community Development District June 17, 2021 Mr. Conrecode: Again, I would defer to the biological experts on that, but it's primarily algae and there are a number of things, temperature, oxygen level, that will help you control the algae, but you are not going to prevent it. Mr. Kleck: The lily pads that float on top of the water, especially on the flow way, is that a species we don't want in the water? Mr. Ccnrecode: Again, I would defer to the biologist. Mr. Kleck: Are the lakes interconnected through the pipes? Mr. Conrecode: The lakes are designed to be interconnected, but as you will see in the MRI report, many of the interconnects are 100%blocked. The whole system is intended to rise and fall at the same level. The only exception is two lakes where irrigation wells pump into which will rise and fall slightly differently from the other lakes based on the wells. Mr. Kleck: What are the diameters of the interconnect pipes? Mr. Conrecode: They range. I would have to look at all the different civil drawings to tell you. They vary anywhere from 16 inch to 24 inch or other sizes. Mr. Winters: I don't have any more questions other than who is supposed to do the work. It's a lot of work that Taylor Morrison was supposed to do and once again didn't do, and we need to sort that out. We need to talk about taking over maintenance of it and what does that mean versus the mitigation of it. I think that's for a followup discussion. Mr. Ron Miller: This development started in 2013,so it's a young development. What is your experience in a development like this when it's turnover time? Is what you found here pretty typical? Is what you found surprising? Mr. Conrecode: There weren't very many surprises. I think the scale and scope of this project is what makes it different from a lot of the projects we do turnover work on. This is 3 square miles of land, thousands of homes and the magnitude was further complicated by the permitting for the 1,800 acres in that there were challenges from the environmental agencies, challenges by the Army Corps of Engineers and Water Management District that made the design of the flow way and interconnected systems very complex. Mr. Ron Miller: Were you surprised about the amount of deferred maintenance? Is what you found kind of what all developers do, and the communities wind up in the situation we are in? Mr. Conrecode: I hate to use the term all developers, but it is pretty common for there to be items that don't get done by the developer and in the turnover process are addressed by engineers like us who go in and say hey, they need to look at these items. Then we quantify them with a dollar value for the purposes of homeowner's associations and CDDs to negotiate getting the work done either by the developer or with the developer's cash. Mr. Ron Miller: I thought I heard you mention regulatory violations? In the experience we have had with Taylor Morrison to date, Taylor Morrison will drag feet and try not to fulfill obligations. They SIPae j611 Flow Way Community Development District June 17, 2021 seem to pay more attention to the situation if there is some regulatory agency involved as is the case recently with Collier County requiring them to do some bank work. Are there some violations that the regulators would be a part of here and be requiring Taylor Morrison to do something before they were to sign off? Mr. Conrecode: The Water Management District, before they converted this project from a construction permit to an operational permit, should have sent out an inspector. I found no record that ever occurred. They relied on the engineer's written statement that said everything was in order. All of those permits have now been converted to operating permits and turned over to the HOA or the CDD. That should have triggered an inspection by field personnel at the Water Management District. In the case of the County on the lake embankments and such, I have been in contact with the County Engineer on multiple occasions and he has not released any of the permits they are holding, or the bonds associated with those permits and in fact will do a final inspection before the end and those get released. We are waiting on the survey data that is being done today, that I will have on Monday, and I will schedule him to come back out, with one or more of his staff. They will hold a strong position regarding the configuration of the lakes, bank erosion, sedimentation, etc. Mr. Ron Miller: So, with respect to the$800,000 dollars or$900,000 dollars of remedial action that we think we need, do you think there could be some latent involvement by South Florida, or Collier County? Mr. Conrecode: Definitely by Collier County because they have already agreed not to release the permits until everything complies. The Water Management District has already converted from construction to operation. Mr. Ron Miller: Does Collier County have any knowledge of what we are talking about here and the need to be involved? Mr. Conrecode: Yes, I've talked to the County Engineer several times. Mr. Winters: Does Waldrop Engineering have any liability for signing off on the condition of these lakes and ponds that South Florida Water Management District is accepting their reports? They are the ones who are certifying that the work has been done. Mr. Drew Miller: Do you know when the washout would have occurred? Mr. Conrecode: It has been occurring over years. Mr. Drew Miller: So, it's not necessarily that it happened prior to engineering signing off of it. Mr. Conrecode: No, it would have happened. They signed off in March 2021. Mr. Rcn Miller: That's interesting. If you had said March of 2019, much of this could have occurred subsequent to the signoff, but in March of 2021,just common sense tells me most of what you found occurred prior to the signoff. Mr. Conrecode: It has happened all through construction. 6IPage 16I1 Flow Way Community Development District June 17, 2021 Chairperson Stamp: You talked about the caps cn the withdrawals. What do we do there? Mr. Conrecode: If you have your pumps set up to withdraw water for an hour, and it's 1,000 gallons a minute pump,you know you've got 60,000 gallons a day x 365 days in the year. You can do it that way. Or you can provide electronic controls with gauges and whatnot to actually measure the flow. Chairperson Stamp: How do we remedy the past? Mr. Conrecode: The past is the past. You can estimate it, but I don't think you can. Chairperson Stamp: if somebody wanted to go after Taylor Morrison because they had never bothered to try to measure, who would that be? Mr. Ccnrecode: I think the Water Management District would have to say we demand to know what you've pumped each year since this has been submitted. Chairperson Stamp: The bank stabilization, I assume you are talking about not doing that until next dry season? Mr. Conrecode: I think there is a lot of erosion that could be fixed throughout the year. It doesn't have to wait for the dry season. Some of the bank stabilization as the water rises is going to be more difficult to achieve. Chairperson Stamp: Okay, so we don't have to wait. I assume Martinn is going to be working with Olson and Gorski to try to put together a priority list? They are not going to everything tomorrow, but I assume you are going to work on what needs to be done in the next 30, 60, 90 days, and these can wait? Mr. Winters: The first thing is to clean out the pipes, so the system drains properly. It looks like it's never been maintained. Mr. Ccnrecode: That's not unusual during construction. When you are doing construction, you have exposed soils and rain events which washes sediment into the system, so it's not unusual, but should be maintained. You'll see in the pictures grates that have filter fabric in them to prevent sedimentation in the system, but it still occurs. Mr. Winters: So, that would be first on the list and then the erosion immediately thereafter, I guess. Chairperson Stamp: In my area, I thought they did a good job sloping the ground, but there was no groundcover, so already with the last two rains you can tell with the gullies within the next few weeks it is going to undo most of what they did a few weeks ago. Mr. Kleck: What are the plans to keep that facade? Gravel? Rip rap? Mr. Conrecode: Rip rap is an option. Soil fabric is another good option to stabilize banks. Planting it with sod is another way. A lot of the damage that has occurred is because this home was built, a trench was excavated with a 6-inch diameter pipe that lays down the lake and subject to the report, 71Pae 16I1 Flow Way Community Development District June 17, 2021 but then there are others where that pipe goes into an area of rip rap, and it displaces the energy of the water flow before it can erode the bank of the lake. There are examples of good practice and examples of bad practice of that drainage and what happens as a result of the practice. We saw both out here. Chairperson Stamp: You said South Florida signed off with no inspection. Is there any good way to call that to their attention? Or is it political suicide to go in and say you screwed up on this? Mr. Conrecode: It is not political suicide. I can contact them. They will send somebody out to confirm. Chairperson Stamp: You will be doing that? You are nearing the end of your contract. Mr. Ccnrecode: With the exception of Lake 11, I think we are at the end of our engagement. We are available to help. We have already committed to transitioning with your District Engineer to help in any way we can. Mr. Winters: How do we get to a proper design for what to do with the lake banks so that the work is done correctly. If we allow Taylor Morrison to do it, they are going to do their usual shoddy work. I would like to see some kind of design in place so that the banks are stabilized properly, even if it costs a little more to do the job properly. Do you do that work for us? Who can we talk to, to help us come up with an overall design and a planning scheme that will not only meet the County's requirements? God forbid we spend resident money to help Taylor Morrison get their performance bonds released, and so that in the future this erosion doesn't continue and get worse. Mr. Conrecode: I promise you, erosion will continue, but there are things you can do to fix what has happened so far and stabilize it going forward. Most good civil engineers can come up with that solution. It is going to be a combination of rip rap in some locations, and fabric for the soil in others, and in some it's as simple as sodding and rebuilding. There is an area where several condominiums come together where it's just washed out, not even the lake bank, but the area leading up to it. There are some areas of trail which go all around the community and discharge into the gully and washed out there. I think that's more an HOA issue than it is a CDD issue, but if you walk around the community, you see the washout and the repairs vary by each and every individual situation. Mr. Winters: But is the process to bring in a contractor to go pond by pond and come up with an individual program for each pond? To bid out the entire thing and then have them come in and evaluate each pond independently? What's the correct methodology to go about fixing this? Mr. Ward: I will help with that part. We engage either CGA or Forge. It doesn't matter, but we will figure that out internally. To do an evaluation, come up with a set of plans, to repair all of that cost estimates, and we've got to come up with a plan on how we want to do it in terms of number of years to do it, and then put that in place within the context of our operating plans. We will do that over the coming months. Chairperson Stamp: The weir, the south weir, is that something that is an emergency or is that a couple years? 81Pag 16 I 1 Flow Way Community Development District June 17, 2021 Mr. Conrecode: The erosion, when the water reaches the crest of the weir it goes around the edges, and in doing that it washes out the soil and the gravel and everything. Those are concrete weirs that are embedded into the bank,some of that is eroded. If you don't repair it, it will continue to erode. Chairperson Stamp: We need to do it now or a year from now? Mr. Conrecode: !would suggest that you do it this year. Only because it will be more difficult and more expensive to do it later. The purpose of the weir is to hold water back and as that washes down water is going to flow around it more and more and the water level of the lakes and the whole system is going to drop. It is not that serious, but if you don't attend to it, it will become very serious. The Beard thanked Mr.Tom Conrecode. FIFTH ORDER OF BUSINESS Consideration of Agreement Consideration of Agreement with Master Homeowner's Association I. Consic eration of Existing Agreement with the Esplanade Golf and Country Club, Inc. II. Consideration of Agreement with Calvin, Giordano, and Associates to provide field management services Chairperson Stamp: We talked at the last meeting about getting this canceled as quickly as we could. I have nad subsequent conversations with David 8oguslawski who may be joining us. They have asked us to hold off. They have had discussions win their counsel and would like to have some joint discussions with our counsel and their counsel to make sure that they know what all is involved. At this point they want us to hold on taking any further action. Mr. David Boguslawski: I think that's right. We have a lot of moving parts here and I aplaud Martinn for working with Forge and coming up with this report and that raised a number of questions. I think we need to sort out things together a little bit more and i don't think we ought to be rushing. I was the one pushing it. I found out the number is less than$8,000 dollars a month. It's not$16,000 dollars a month. That helped. I don't want to let it linger too long, but I think we should sort out what the right maintenance agreement plan is going forward including what we do about some of the near- term items identified by Forge should be. I think that's all in a matter of a month or two. Chairperson Stamp: Certainly, we can do nothing, but having said that, there is the issue with the pump that failed because of lack of maintenance. There was some discussion about the CDD going and picking that up when we thought we were going to be terminating the contract. The question was whether or not under the terms of the contract that was capital or equipment. If the Board decides that we should pay it, we can certainly pay it,even if we could argue whether it is capital or equipment. I would think in the spirit of cooperation with the HOA we should authorize Jim to pay for the repair/replacement of that pump. Discussion? Discussion ensued regarding the cost of the pump. Mr. Boguslawski: We authorized Troon to go forward with the procurement of a pump which I recall being 6 or 7, and there was risk of that expanding to other equipment, and if the other equipment was damaged, to go forward with another 10. They haven't come back and said that they need the other Wage 16I1 Flow Way Community Development District June 17, 2021 10,so I think the number is in the 6 or 7 range. The reason we did that is, it's a redundant system, but the lead time is more than a three-week lead time,and they think it is going to be measured potentially twice as long as that, to bring this other pump:- Chairperson Stamp: The question was, under the contract, we were obligated to pay for capital expenses even with the HOA contract in effect. We could argue that it was equipment not capital. If Taylor Morrison were still there, we probably would argue that, but since we are all the same, they have asked us if we can step up and help with the problem. Mr. Ron Miller: I'm happy to defer to Chairperson Stamp. Chairperson Stamp called for a motion to pay for the pump. Mr. Ward: To the extent that they have already ordered it, we would have to work out that particular problem. Chairperson Stamp: They ordered it, but they put both of our names on the order. Mr. Word: Okay, that solves that problem. On MO 7ON made by Mr. Ron Miller, seconded by Mr.Tom Kleck, and with all ;^favor,it was agreed the CDD would pay for the pump. Chairperson Stamp: The other two items under 5, 1 don't think we need to consider given that we are deferring the topic. SIXTH ORDER OF BUSINESS Staff Items I. District Attorney—Woods,Weidenmiller, Michetti, & Rudnick Mr. Woods: With regard to the MRI report on the$9,000 for the clogged drain, we sent out correspondence to Taylor Morrison relative to them picking up responsibility for that. We gave them until tomorrow to respond so we are waiting to hear if they are going to pick up on that item or not. Sounds like maybe I need to send a second letter with regard to lake repair, so if the Board is interested in pursuing that let me know. Chairperson Stamp: I would assume that we are. Mr. Rcn Miller: Yes, we are. Mr. Winters: Yes. I have a question though as to whether we are going to get an evaluation of cost first or just put them on notice we want them to get started on it? What would be your recommendation? Mr. Woods: You want to put them cn notice regardless. You can finesse it. We can leave open whether they want us to undertake repairs, whether they would like to undertake repairs, and finance and all that stuff I think you can give them the opportunity to propose what they would like 10I Pa e 16 I i ' Flow Way Community Development District June 17, 2021 as a remedy in all fairness. I can send a demand letter, put them on notice, and then give them the opportunity to respond. On MOTION made by Mr.Martinn Winters,seconded by Mr.Tom Kleck, and with all in favor, counsel was given authority to send a demand letter to Taylor Morrison regarding lake bank repair. Mr. Woods: The Army Corp letter went out, the HOA joined us in that letter. We have asked the court for a potential to meet with the HOA and the CDD relative to the status of this permit by Zoom. Being the government, I would not expect a response any time soon, but hopefully within a couple of weeks or a month. The lawsuit is proceeding on, discovery is going back and forth and back and forth. Tim Hall has filed a motion for summary judgment. They tried to argue that their liability is limited to the contract. They were trying to set their hearing right away. I think I convinced counsel that under Florida Law nonmovement to allow time to do discovery, etc.,etc. If they try and proceed forward, we will try and convince the judge to give us time. Chairperson Stamp: Has Taylor Morrison filed anything additional? Mr. Woods: Taylor Morrison has filed a motion to dismiss. The discovery with Taylor Morrison is still pending an extension. It will probably be a little while before we get their documents. II. District Engineer-Calvin,Giordano&Associates Mr. Messick: I just want to be sure you are aware I am available if Taylor Morrison plans to come in and ycu would like me to review, I can certainly take a look at them. III. District Manager—JPWard&Associates, LLC a. Financial Statements for period ending May 31,2021(unaudited) No report. OLD BUSINESS SEVENTH ORDER OF BUSINESS Discussion of Preserves Discussion of Future Funding of Preserve Mitigation and Maintenance (Continuing Item until Final Decision) Chairperson Stamp: Any discussion of this item? Mr. Winters: I have a Question for Counsel. If you succeed in getting this Zoom meeting with the Army Corps, are you going to bring up the fact that we are discussing suspending paying for maintenance of the external preserves? Mr. Woods: I will mention it as an option. 11IPage 16I 1 Flow Way Community Development District June 17, 2021 Chairperson Stamp: I will be on the call, and it will get mentioned. EIGHTH ORDER OF BUSINESS Staff Items I. District Attorney a. Complaint regarding Ownership and Mainterance responsibilities for the Main Preserve located within the boundaries of Flow Way CDD No report. II. District Manager a. Proposed Fiscal Year 2022 Budget—further questions and comments. Mr. Ward: The hearing is next month, I believe,July 15, and you will go to public hearing where you will be asked to adopt a budget and set your assessment rates. NINTH ORDER OF BUSINESS Board Items Chairperson Stamp: Anything anyone wants to discuss? Mr. Ron Miller: Is there anything that the Board Members wish to discuss about the Budget? I've looked over the Budget and as 1 see it, 1 am reasonably happy with it. FINAL BOARD ITEMS TENTH ORDER OF BUSINESS Audience Comments Chairperscn Stamp asked if there were any audience comments;there were no audience comments. ELEVENTH ORDER OF BUSINESS Announcement of Next Meeting July 15,2C21 Chairperson Stamp: The next meeting will be July 15. TWELFTH ORDER OF BUSINESS Executive Session Attorney/Client Executive Session to Discuss Proposed Settlement Related to Case of Flow Way Community Development District v. Taylor Morrison of Florida,Inc.,et al. (File Number:2020-CA-4147.) THIS IS A CLOSED SESSION AND IS NOT OPEN TO THE PUBLIC—At the conclusion of the executive session, the District will re-open the meeting to the public and the Chairman will announce that the executive session is closed. 12 I Pugs 16I 1 " Flow Way Community Development District June 17,2021 executive session, the District will re-open the meeting to the public and the Chairman will announce that the executive session is closed. Chairperson Stamp: Now, we are going to go into a shade session. This will be a first for me. This is a meeting to consider a proposed settlement, and we will move into an executive session, or a shade session, which the only members that will be in attendance will be Martinn, myself,Drew if you choose? Mr. Drew Miller: No. Chairperson Stamp: So, Drew will step out. Jim will be in the room, counsel will be in the room, and the court reporter will be in the room. That will be it. We will take a five-minute break here so we can clear the room. Mr. Kleck: At the last meeting there was discussion about moving our meeting in October to the club house at Esplanade. I spoke with Dave Cupsis (ph), and he indicated he was open to the idea of us using the wine tasting room (like a board room) and I'm going to meet with him tomorrow and check out the facility to make sure it is okay from a sound standpoint. Are there any electronic requirements or physical hookups that you need? Mr. Ward: Just WiFi service and electrical connections for the computers. Chairperson Stamp: We have to now shut down the link, so Ron will not be a part of the shade meeting. We will reopen after the shade session. The meeting was recessed at approximately 1:56 p.m., and executive session began at approximately 1:58 p.m. The meeting reconvened following the executive session. Chairperson Stamp: Is there anybody in the audience who wants to participate? There were none. Mr. Ron Miller rejoined the meeting. Mr. Ron Miller: I am back on board but have nothing further. THIRTEENTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 2:15 p.m. On MOTION made by Mr. Tom Kleck, seconded by Mr. Martinn Winters,and with all in favor,the Meeting was adjourned. Flow Way CommunityDevelopment District yJames P ard,Secretary Zack Stamp,Chairperson 13IPage 16 I 1 MINUTES OF MEETING FLOW WAY COrliV:iNITY DEVELOPMENT DISTRICT The Regular Meeting of ° e Board of Directors of the Flow Way Community Development District was held on TI'L.srsday,Juiy 1=•, 2021,at 1:CO P.M. in the conference room of the offices of Woods, Weidenm er, 'Michc J, x Rudnick, 9045 Strada Steil Court, Suite 400, Naples, Florida 34109. Pr-sent and .Dr-stituting a quorum: Zack Stamp Chairperson Rol Miller Vice Chairperson Tom Kleck Assistant Secretary Mutinn Winters Assistant Secretary At:o present we:,e: James P. WE Dis ict Manager Greg Woods District Counsel James Mess;, District Engineer Jessica Tolin District Counsel Mare Conne Calvin, Giordano&Associates Audience: DE-re Bogusiaw . H C All resident's - -nes were not included with the minutes. If a resident did not identify themselves n.. ? audio file did not pick up the name, the name was not recorded in these m lutes. PORTIONS OF TI- E TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORC._R OF BUSIN= :S Cali to Order/Roll Call Chairperson Zack Sty- ailed the meeting to order at approximately 1:00 p.m. Roll call was conducted, and all Members of t::c . and were present, constituting a quorum. He stated there would be a period of public comment at the end of the meeting for non-agenda items. SECOND ORDER OF BUSINESS Public Comments for NON-Agenda items Individuals are permitted to speak on items on the Agenda during that item and will be announced by the Chairperson;comments limited to three minutes Wage 16 I 1 Flow Way Communi D t,-ict July 15, 2021 Chairpers_ Stamp indicated there would be a time for public comments regarding non-agenda items at the end of the meeting; however, he would be happy to recognize speakers for brief comments during regular Agenda Items. Chairpers- Stamp note Mr. Dreg', "'?r resigned from the Board. NEW BUSINESS THIRD OF ER OF BI " SS Consideration of Minutes June 17, T' 1, Regu ^eting lV',-, :. , Chairpers. Stamp FSked if there were any additions or corrections to the Minutes; hearing none, he called for motion. 'O ON made by Mr. Tom -deck, seconded by Mr. Martinn Winters, and with all in favor, the June 17, 2021, Regular Meeting Minute' .vere approv}ed. I FOURTH ORDER OF BUSINESS PUBLIC HEARING Mr.Ward explained the public hearing process including public comment, Board discussion and vote. a. PUBLIC HEARING— 7•CAL YEAR 2022 BUDGET I. Public Comment and Testimony Mr. Ward called for a motion to open the Public Hearing. On MOTION made by Mr. Martinn Winters, seconded by Mr. Tom Kleck, and with all in favor,the Public Hearing was opened. Mr. Ward askec !r there were any members of the public present by audio or video with any comments cr questions respecting the Fiscal Year 2022 Budget; there were none. He noted there were no members of the public present in person. He called for a motion to close the public hearing. On MCTiON made by Mr. Tom Kleck, seconded by Mr. Martinn 1 Winters, and with all in favor,the Public Hearing was closed. II. Board Comment Mr. Ward asked there were any Board comments or questions. 2IPage 16I1 Flow Way Communit% E reiopme r act July 15, 2021 Chairperson 'c p: Next we are going to have to raise the budget. The assessments are gong to go ;less we wrap up the lawsuit in a very favorable way. We are going to hear reports todc ar the fencing, border fencing, the lakes, and some stuff that needs to get done richt away. /f if Taylo' f✓:c-r/son ends up paying all or a substantial portion of this, it's going to be way d- vn road. and next year's budget is going to have to go up. I don't see any way around it w = expens?s t,;a:` Taylor Morrison is frankly dumping on us of things that were le, undone. : _,viously, the lawsuit could change that. If we could somehow access the performance ;cads, that could change that. I just want to be on the record that we are looking at an increa:.- r rt year. Mr. Ward as' "c there v;,, r other questions;there• 'are none. III. Consideratic Resolution 2021-5 adopting the annual appropriation and Budget for Fiscal Year 2022 Mr. Ward ca`:?(- or a motion for Resolution 2021-5. On rrO'T'DN made by Mr. Ron Miller, seconded b-y Mr.Tom Kleck, and with all in favor, Resolution 2021-5 was adopted, and the Chair was La uthari:c_d to sign. b. FISCAF_YEAR 2022 I`1PO5ING SPECIAL ASSESSMENTS;ADOPTING AN ASSESSMENT ROLL AND APPROVING THE GENERAL FUND SPECIAL ASSESSMENT METHODOLOGY Mr. Ward indicated this public hearing was related to the imposition of the special assessments for the general fur', -Jdoption of an assessment roll, and approval of the special assessment methodology fo, `h" District. I. Public Comr-=r and Testimony Mr. Ward ca a motion to open the Public Hearing. On ,V1 'ON made by Mr. Tom Kleck, seconded by Mr. Martinn Winter and with all in favor,the Public Hearing was opened. Mr. Ward askec if there were any members of the public present by audio or video with any comments ^ questions; there were none. He noted there were no members of the public present i- aerson. He called for a motion to close the public hearing. On MCTION made by Mr. Tom Kleck, seconded by Mr. Martinn Winters_and with all in favor,the Public Hearing was closed. II. Beard Comment Mr. Ward askec if there were any questions:there were none. Mr. Kleck: Do we have an idea of how much individual homeowners will pay? 3IPage 16 I 1 Flow Way Community .:::oome r t July 15, 2021 Mr. Ward: S52 J4 per u•7it. `--e same as t;Te current year. He asked if there were any other questions;tl- ., no._ III. Ccrosideraticn • R.esolut "r,; .^"):11-6 Imposing Special Assessments, adopting an Assessment Roil,and appro • ng the Generei Fund Special Assessment Methodology M . Ward co 'c `-r a motion. On MC"- ON male `;v Mr. Torn Kleck, seconded by Mr. Martinn Winter „ncl with -:I favor, Resolution 2021-6 was adopted, and the 'Chair wa authorized to sign. FIFTH ORDER OF Bl.s Conideration of Resolution 2021-7 Consider?son of Resal ;:ion 2021 designating da:es, time, and location for regular meeting of the Board of Supervisor's f.. Fiscal Year<<a2:2 Chairperson Stamp ir i ':ed there: .snie discussion regarding moving the meeting location. Mr. Kleck: When I tc to Dave :Cup.is, ne indicated that 1:00 p.m. may interfere once in a while with something scheduled: -at room. 'Ir?"1 not so much concerned about the golfers or the restaurant, but the room that we are g 'g to be uc: -1 is the wine tasting room, and right now they are using it once a week, but `_-'s only on il. day nigh:, or Tuesday, so the Thursday date was good for him and as far as, I think Corr may have 7 to Dave asaut setting up a firm date or firm meeting, and they mentioned that the time could c , >. I'm open to any time really. I think whatever Dave says. Mr. Ward: Cori is n- 'istant,for fhr record. What I had asked was we set up a firm schedule simply because if for whateve- reason, `':e• change, we can't meet there, the date's wrong or they have an event and they cancer, t have tc hav_notice at least 15 days ahead of the Board meeting date in order for me to readvertise it for a new date, time and location, so what we were going to do is put all of these dates on their schedule, and he said that was fine. ri'e would do that, and they would not change it on us on a going forward basis but if they have a wine party, I'm sure that might change things. Discussion ensued re;a ranee`: ng times and loc *ion; advertis g the meeting for the clubhouse but not room specific to al? v a mee-:ing rcom shift if necessary. It was agreed to hold meetings at 1:00 p.m. at the clubhouse ti--_: third Thursday of the month. Mr. Ward called for a motion to adopt the Resolution as presented. r =On MC' ION made by Mr. Tom Kleck, seconded by Mr. Martinn Winters, and with all in favor, Resolution 2021-7 was adopted as presented,and the Chair was authorized to sign. 41Page 1611 Flow Way Community C.r•ieiopme... C :str ct July 15, 2021 SIXTH ORDER OF BUSIN 35 52re`.items I. District Attorney +ods,V1 ? F:: rrsi ler, Mich tti,&Rudnic- a) Noti::e to TM c i "- rge Report. Mr. Woods: The f st item, we have the Forge Engineering Report on the stormwater drain, etc. They requested 3 7ys, but 3C days is about up. We are going to send a followup letter to them and is our in ?r probably put the County on notice of our issue. Maybe copy the County with my prior letter of•:,ur issues with w,iat Taylor Aorrison has done just so the County is aware as well and eve will copy it to the South Florida Water Management District. They represented that they are undertaking eforts to clean rt up, but we do not know the extent or what their efforts are going to includs c .?is point. r ' r,iestions? Mr. :',9artinn Wint::: s: Have they had any communication with you besides this initial letter saying we v"NI get bad,:tc -ou in 30 Mr. Voods: No. Mr. Vinters: L don't krc :.f`'nay are planning to undertake cleaning out the pipes or anyt 7ing? Mr. Woods: The i Tiplication was they were planning on cleaning out some pipes, but we don't know the nature cr extent or if tl ey are going to comply with everything that we would like done. Mr. /inters: This 'oard has to make a decision about whether we are going to spend resident moo =y to clew _ ,.ipes ou_.c ,`c ke sure they are functioning. Before we do that, it would be nice,:o know if the,'plan to de anything, and if so, when. Do you anticipate any meaningful com.-iunication f .n them? Mr. Voods:I will. 'iow more after my followup correspondence in response to that. 1 would say I will •robably hr omething I'r couple weeks. b) Summary of T Amended Complaint and Responses. Mr. Woods: We p evailed on their motions to dismiss. We'll get our allegation or wherefor clause about damages it sie declaratory judgment action asking the court to interpret contracts, documents, etc., s 2 we inadvertently had a damages thing that we removed. No big deal. We have got our ame 'red pleading and the defense are all answering. The association has filed a motion to amend:.heir pleadings, and basically, they are going to go from a nominal defendant to basically adopting our positions in their complaint against the other defendants. It is a two-step process for them, isut they will ultimately be aligned with us in terms of the lawsuit. The Taylor Morrison Board Members filed an answer in affirmative defense, and they are trying to make a claim that the CDC should reimburse them for their attorney's fees in defending themselves against our actions. We have found case law, etc., and the statute stated as they exceeded the scope of their auti c rity, they don't get the benefit of being reimbursed by the CDD,so we will Wage Page 16 I 1 Flow Way ommunit+,i E_;elopment Dili!;ct July 15, 2021 resis that on c ', ';ts. W ;y will not have to reimburse them for attorney's fees. That foraid the road.g will a,set ;�� nc� n som,��-✓.� �•�= Mr. on Miller. Will we know something definitive about that before the process is finished so we are ° .tsurpris enc7 Mr. loads: Yes. would p;:; •. 1;:e to hav'a deposition of one of the Board Members before that Nets heard be.effuse I be t some of the documents of things might be very helpful in regard to our position with the hearing. It's not something that has to wait until the end. We can get i. teed up Mr. ..'eck: Is tr r._ ,y, rec awsuits by homeowner's associations against the builder? Mr. !cods: Plen; i f the. _ ets its pleadings in line with us, obviously they will be suing ray:::r Morriss a eiL Th :tentially add additional claims as things are discovered. Mr. :eck: Do -e -;now when suit is going to happen, the HOA? Mr. /oods: it in the •t is a matter of when the court has a hearing and grants their leave to am€ J. That is yet to be set for a hearing. it is hard getting a hearing time. Unfcrtunately, litig tion me s _ y. If you :-sk for a hearing now, it might be 6 or 8 weeks from now. i will followup with HCA counsel. Mr. linters: 5a, HOA hcs :: fed to align with us in the lawsuit? Mr. foods: That . my undo,s..: -g, yes. Mr. linters: Doe- -at requ re c !?oard vote fa-the HOA to do that? Mr. 'Woods: They -e a part r lawsuit. i don't think it would require a Board vote. I'm not goir to tread:nti: '.'eir ope :i jut l don't think it would. c) Arb°: ation Heart iL -January ",_a, Mr. Woods: The croitration 'awsuit has been set for January 18, 2022. It's not in binding. Most of the bigger cases i.- Collier County get ordered 'n nonbinding arbitration. It's something the judges do. 't kind of marlitigation m J:-e expensive. It reminds the parties they have to set aside a time for the lawsuit, c -,d it's the judge's way of helping encourage cases to settle. Whatever the arbitrator, the or,-day deal, it's fairly informal. You don't even have to put on witnesses. The attorneys are clic id to profs what the positions are, what they think the evidence will show, etc. Basically, the whole process will take four or five hours. The arbitrator has ten days to issue a rulinc. Either side has the ability to appeal or file for trial de novo from the arbitrators ruling typically when on 7 side or the other is unhappy and the case just moves on. The judge doesn't know what happened in arbitration, you just move on theoretically through the trial. One thing abo"t not nonbinding arbitration is if you do worse at trial by 25% then for what the arbitrator's awc d was, then s;at party could potentially be liable for the other side's attorney fees. It usually puts the last few rr:onths attorneys'fees in play. Wage 1 6 I 1 Flow Way ..:o nmunity relopment C ct July 15, 2021 Mr. filler: Se, ti .-e`s a re^u. d . rbitratior, hearing, but it's nonbinding, but we could agree at that ?oint if we w zed to. Mr. Voods: Yes. serve o., b gyrator arc' have done several arbitrations. I did one where I aworrded one e,veral hunt -d thousand dollars and neither side appealed. They both agreed it we s the con 'ng. In ;y :?rience thoz only happens about 10%of the time. Cho 'Jerson S Janua-; `_ ;-a then 1. days for that, and then we will have a meeting to discrss the an s rulir,r,, Mr. /inters: :any dis ; going on between now old then? Mr. loods: Is c _ :overed ir_ We have. received several thousands of documents. Ms. Tolin and `are just beginning to reviev'hese. Taylor Morrison has a rolling production, and we get new dote rents once c %✓eek. Disc: e , is ongoing. We want to have all the documents, get through then', and then wr .vill start or c'erositions. Cha' person S` %have tee ;;-king wit- Jim on the website for Flow Way and we are going to start trying all the lega• pleadings up there so we can see what pleadings have been filed, not le answe . , :ssarily cr . ;,-nds of pages. Disc ssion cor _d regarding ^e discovery documents. Mr. 4iller: I b_ :e you have SE,sr she Corp a 'nformation letter to let them know the lawsuit is in procsss. Have card anythir ';Pack from the Corp? Mr. 1/cods: T _ _: p has not =.; : ,r ded. We may try another followup. Cha; person S',;:T. Part of th,s, too, will be how they respond on the pipes and everything else. That would be a good excuse to update them. Mr. Woods agreed II. Distric:Engineer-C .'vin,Giorda io &Associates a. Engheering Repo i. S` IMD Monitc r4g Well program and locations Mrs James Mess :s's: South Florida Water Management District reached out to Flow Way in he sses that they : uld access `s,e external preserves in attempts to install a surface water and ground monitoring system so that they could collect data from their overall basin for monitoring and modeling of arts. We met with them on the 12tc'and came up with potential onsite location on the east preser-ve line, and another offsite which has nothing to do with Flow Way, and they identified that the proposed monitoring well would be a 10 foot by 10 foot square area powered by solar panels c :d they wouldn't need to damage any trees or make any impacts to the wetlands. They . auld need to access it quarterly and if we were to agree they would provide us with a standard agreement form to review. They don't anticipate starting construction for 7IPage 16I 1 Flow Way Community D-_veiopment District July 15, 2021 arother year a, ;-a and the-e °aid be nofinancial or maintenance requirements from the CE,.). It is a goo opportunity..o reach out a;,d make friends and the Water Management District has a great reputation for doing hydrological work for south Florida and we recommend working w, .h them on th monitor..;, With your approval I will continue working with them. .V Miller: Wi-i. are we cr g? Mr. Messick: V✓._ are mon ,cri ; .nothing. S'=WMD wants to monitor the surface water, ground water levels,jus so they have idea of different times of the year what the water level is at. N Ward: I se more re; .a in nature or local to Flow Way? M . Messick I. i regional. Florida V. xter Management District covers all of south Fk::-ida and monitor.: t: 11 and th., are trying to get more and more monitoring wells so they can be more accurate :vith their model. From my understanding this is the first in this pc tion of C. County, ba; s c critical portion for their hydraulics. Chairperson Stc a: When do -c a anticipate getting the contract from them? M: Messick ! -ot sure. c 1,'y in the; ext couple of months they will have their decision or which loc. and as scar a get it, i vv..'forward it tc the CDD for review. Mr. Boguslaws< . Will the well or solar panels be visible to homeowners? Mr. Messick: Nc. While we were walking around, they inquired whether or not there would be perent/al tc :ne on property line and I shut it down saying that the homeowners wr-'rid be aL ce that coCo so they have honed-in on the eastern edge of the preserves ar 'it is far._ . b out that r._ ,ae will be able to see it unless actively looking in the preserves for it. ii. Pedestrian Bride over CDD leke and Golf Cart Path M Messick: Tl- -e was canoe,a that the golf cart path had an abrupt turn prior to the lake bank slope and there ere concerns of golfers raining down into the lake. It was originally permitted and certified an; completed, and since the construction the developer has moved the path of the cart path me-e c ntrally located. -does meet requirements for placement adjacent to a lake, but i would reco amend that we require physical and visual barriers to be put up for curbs typical in a golf cart path. The second is a pedestrian bridge outside of the walkway of the community. it,-fas originally :ermitted in 201 5 and they nave modified the permits in 2021 and built a rehcated pedes ran bridge over a lake and there does not appear to be apparent certification for that permit. my opinion it does not meet the Florida Building Code. It does say in the report for handr;Is, but i need to make a correction, that's guards or guard rails,and that's the Florida Building Code,Section 1015, but there is a drop condition into a waterway, so we need to protect pedestrians. Discussion ensued regarding the dangerous nature of the pedestrian bridge; and the needed guard rails being 30 inches in height. Wage Fage 16 I 1 Flow Way :ommunil:i L ielopmert :_.t;ict July 15, 2021 Ci airperson:>t. p: 'Your to work with Greg regarding the letter we will send, the ncice we will p' them on. D you have a chance to look at the golf cart bridge, between 15 and 16. Al .: Messick: 1 c look at r. the same bridge and 1 believe that when they modified the pe-mit, it refer.:-1 to that bridge and that's why it was built with the condition without— Al.. Kleck: It's t same t.rcg ,y the one :n the golf car:, between 15 and 16, is only for gofers. It's not,tor bicycle riders or walkers or anything else. M:. Messick: I u:-derstand the uses are diffe-ent, but in my opinion, you're right between re.•dences that :auld easily :r it whether they are supposed to or not, and we are here to pr;tect those re_ rdents. Al . Kleck: Is it a late tc gc _c :and get e guard rail for that one between 15 and 16? Al:. Messick: I IV. Kleck: Ther would cc :h ' well. M.V. Messick: I think the "kick,,late"for the golf carts is sufficient to build a handrail on top of. IC:substantial nature ail: t : .c n get a s:!i uctural engineer to come up with a design. Al;.- Miller: How would we req Je_st it and to whom? To Taylor Morrison? Mr.. Woods: our~eqL e d be to Tc for Morrison, especially if they are not permit cc 1pliant. De cussion e a regarding T .y;or Morrison installing the bridges originally and needing to meet permit recuirements. IV Dave Bogus a;wski: We 1c.?sent Taylor Morrison basically an email about the bridge and the need for guard rails. They awe us a response on that. We are trying to get it addressed inf.�rmally. Reg_ riling the condo, the one with the picture with the golf cart path, I would hate to see a guard rr'il go there. I think that is entirely unnecessary, but we should do something, bushes, or sc ng to have visual barrie Mr. Messick: Ti guard ra.. is t required. There is no fail hazard adjacent to the lake. My re-.:ammendatio a physical a. `e;, such as a curb, and not a guard rail. iii. Preserve Tree Removal Mr. Messick ask=d Mike Conner, landscape architect for CGA,to speak. Mr. Mike Conner: In addition to being a landscape architect, I am also an ISA certified arborist as well. At the req est of Mr. Ward, we put together services for your consideration. It is an est!mated hour/; not to exceed, kind of cost for the implementation of this plan. 9IPage 16I1 Flow Way .ommunity [2:,yelopmert July 15, 2021 fvi.-. Ward: The and is not c .c , of the preserve tree removal process, so let's go through and ex;..Main wha'- ee doing. N Conner: is concern t`Ic at the ed: 3s of the preserve area, adjacent to where people's he, nes back it or along t`e roadway or sidewalk,people are walking next to the preserve, sc ie of the es might pose„ hazard or an unsafe condition. We are proposing to do an as:essment of those areas and identify any dead or wisafe trees that really pose a risk to lc; ing and it r ;j someone cr 'imaging p cperty. That': ,•vhat the plan is about. We would go in -nd;dent, se trees, deve:op a report,present it tot CDD Board and then present that to the South Flo (a Water Mcno7ement District to get permission to fell those trees or remove th:m complete! whichever is easiest. A lot of times you j rt let them fall down and not physically remc them all. Sometimes they can be completely removed, but the pretty much wont the reser4:: creas to be kept untoucher, so this has to be a situation where the tree is dead ana'unsafe, and :here is a target or fall area where it is impacting either CDD property or public use, a walkway, :`,ose kinds a, ; irgs. We v. ould then approach the Water Management District an;d get permies e? to go onto r, preserve area and take care of those trees through a local tree veedor. We c 'd do this inite is I; the first year, and after that we would plan an annual visit to sec if there arc 'Jitional tree_posing a sire;tar hazard. We will also have a process to come out in between c visits, maybe after storm events, or if a resident had a specific concern about a:aecific tre Mr. Winters -eriodica!ly;c,asked by residents to remove dead trees and the question is, w`at if a tre not preset `razard, bte it is dead, and/or the tree has already fallen, and it is,ust an eyesc!_ Is there o .y,o,:p ortunity : remove dead trees within a visible range of the hones? ivy.-. Conner: Du , -eliminory a'icussions SFWMD is no. it has to be unsafe, or it has to be dead and close e ough to a target that we could reach it. Our in the middle of the preserve area, or if it is adjacet .`a lake where there is no walkway, then really the policy is not to. Now, I think in `he first go-rc when we c f.-oach the ; and go through the first assessment, we could ask them that quest and probe '%tale bit fort;;er into what they would allow or not allow. But, generally speak ;g,policy is to leave everything the way it is. Mr`. Winters. re an a-gu:'.e it to be mode that it helps exacerbate a fire hazard by leaving dead trees arou.rd? iV . Conner: Th den is that a dead tree in the middle of the preserve is a snag in which a bird wi'nest. It becomes habitat, aecays, increases the biodiversity of the area. D_cussion :c.1 regarding de d trees; ho, ;to determine if a dead tree posed a threat; w;ether a dead :-ee was a firs- hazard if ace:ed near a home. Mr. Conner: Fo he most part;think there is a good enough distance for most of the houses; the dead trees are not right up against them. I don't know what that buffer width would be. Mr. Kleck: My f-�mer neighborhood we had a bunch of coach homes that abutted a small preserve and th e was a lot of dry wood in mere. They called the fire department, and the fire department care out and ruled against the fact that they were not cleaning it up. They required 10IPage 16 I 1 Flow Way .omrnunity C ,;elopment District July 15, 2021 tr. associatl:. the CDC to :,ean up that ,'ea because t ere was a concern, but it took the fire de)artment anL -;re chief to:gst it done. TV Conner: r at aware cf _`rat. Thank you for bringing that to my attention. We were thaking more i; .he terms of_torms and falling trees causing damage. That would be a dr, -erent kind o ::action. I' s'efinitely ✓a:;d. !haven't really done my full first assessment. If ye move fc- ,n with this, I will be able to assess the whole entire area and see how much of that kind of .n,o. .,g or underk-ush is there and whether it poses a threat or not. Discussion ensu:.ii regarding dead trees potentially being a fire hazard; and getting the fire department i,w :'ed in the e•u s.ivation process to see if dead trees were a fire hazard. M- Conner: Wr...t we put together was more for dead trees falling and storm damage so perimeters close:close :t to the public areas or private backyards were safe if a storm came. M:-. Winters: H• you assess scl what risk•vve have at the moment or is this prospective? Mr. Conner: ;d..'a brief visit a'ready and 1 did see some trees which would qualify in my opinion without doing a fu!!assessment. So, parts of the walking trail and parts of the golf course area an ithatsortof: .ng. M . Miller: Wit espect to th fr;-e hazard, there are some trees which are really close to cor?dos or houses and presented a fire hazard, i think it would make sense, but I would also suggest, be car:_., of what yo ask for in engaging the fire department because they could give us a$1 million- $2 million-dollar problem. M . Ward: Ron on that one. Discussion e u : regarding e possibility of a controlled burn. Mr. Ward indice`ed a motion was needed. Mr. Ward: Just rased on what Mike said, in order to do this, the initial scope to prepare the initial plan is$5 `.J0 dollars. An annual basis after that would be$2,100 dollars a year. If, as he mentioned, if a: needs it:io ie on an individual basis, it would be a$490 dollar charge for that. it's a goo.;price. It's recso;able in terms of what I've seen. This does not include the work; thi;is for the re_:crt only. Mr. Conner: it would also help you to establish for your budgeting how much you want to spend each year. Mr. Ward: Conceptually, the idea was to put a plan in place, so we would have available to the community whe we would do this on a regular basis and if we needed to do it on an individual basis we could o.,thorize it, but here's how it would be done. Then we could publish that for the community so e,r rybody knew what we were going to do on a regular basis. Mr. Kleck: Is the t something we need to do =very year? At the other community we did it every these years. 11IPage 16I1 Flow Way Community C_ relopmer,t July 15, 2021 M Conner: We ere doing i l_r another community now and we are doing it once a year. I think vv :h nature one :`orm ever._ end that sc: `thing, it only takes one storm, and we are going to he more(MSG trees.trees. Ye y only have four or five trees in the next year, but at least you or_ checking it cad you have a system in place to look at it regularly. lv Messick. 4: you may cc able to stay c top of the dead trees before they fall and help pr:vent fire frinc"^g. Iv . Conner: Sir; sore ;_reserve are s were not ye released by the District, they wanted tc Fee our plan e. d see a pr::c ees. Mr. Winters: Se -he$5,000 co!ars includes :he initial assessment of what the clean-up would be' Me Conner: nudes prep: 4-g a report based on that assessment, presenting that to the dr,inage dis- ic: et7 ing t'<e : approval,soliciting some paces from at least 3 different contractors, one then having r-,em do the work. The cost of the actual work would be from the coatractor. M- Ward cc'ler .-a mat'o, Mr-- Miller: I he Counsel has is ears open; because that's just another matter in the need for pr?serve fundir. :,n tore la,isr Mr. Woods: Ur ,...~stood. On MC^'JN made r: Mr. Marti,-n Winters, seconded by Mr. Tom Klec't, 4 • with all favor, the Preserve Tree Removal proposal was approv: iv. 5': .-,nwater Sys. rn Maintnce M .. Messick: 1 had a chance t: listen to the =orge Report presentation last month at the Board Meeting. The p pose of the t=orge Report ° is to document existing conditions and identify that there is outstan,:. g mainteno-ce and impre wements required. After review of his report, the pie-thora of Pict. es, and I did obtain some field notes from their office to give a little more insight of how t: -.,y put that Lgether, I'm in agreement about the condition of the existing system as being s:nsidered r or. Having sad that, I did go through their recommendations and ourlined a schec fcr the restoration of the storm water management system. I did that in four phases. The firs. two being items that should be addressed immediately and those being the broad crested weir on the south side;both ends ore starting to erode. Their estimate of$8,000 dollars is in line ,vith what it snould cost. The second being the sediment and debris removal for the structures that have over 25%blockage. Following those immediate items that I would recommend adj.eting is phases Ill and IV wt- ch could be done in consecutive years. I broke those into both lake bank restoration and littoral -elf aquatic plant restoration of the same lakes, so ye:'could do ore during the dr;v season and me during the wet season. l haven't in detail 12 I P a e i4I1 Flow Way ::ommunity I •'elopment :.strict July 15, 2021 id= itifled whici ,e would lie a,c exactly w`_h half of the costs here and half the costs there, but b ed on their: e ld notes tier did note ,Tin :nal, moderate, and extensive erosion for the lake bulk mainte;;are:e and I've of deve;ope. a map that we can get into more detail if we are ap2roved to do is work, ::.r_ is pretty much in line with :he year one, year two schedule which i have prepa-ed. Again, the exotics will need to be removed by a qualified environmental specialist and 0-e littoral she;i restored pric to the next dry season. It's typical that the stc.-rmwater -c :gement sy;.Fit is evaluate:1 at least every 5 years. Because the immediate a on of rer the sec'ime `and debris in the stormwater management system structures a._1 pipes of ;e structure: that have me-e than 25%debris, we may want to push that 5- ye.-r reeval!,. ; up to 3.EC,rs just to make sure that we ore not getting worse on the remaining sir-actures th en't clea;le; immediately. This is my review of the Forge Report and my sci edule rec �ndation. M. Miller: ✓ -se are pone:. are intercom hated, and i th;,nk the development has a retention pc, ,d with a ., that goys unu it. I'm 'eking that w _n it rains hard, that the system is designed so --he ponds; »p, overflew ',to the golf cc -se, and then water comes up on the steeets, but befo.-e it floods il;; ,souses it goes over some d. ns designed for that and goes out ini:o the flow wc; and the canal. Is that kind of the way this thing is designed? IV Messick. your surface water management permit, environmental resource permit, th-Dugh the Dis ';ct establishes a finished floor based on a 100-year storm event, and you are cc rect, it w, erischarge v.:__'rr.irg the. tai .eater conditic is don't restrict that discharge, but thet would have -othing to de with the sedir cent in your storm water management system, it we uld have t:: c with the ta.`;,:pater conditic.is outside of your development. Mr. Miller: i tormwater system is clogged, would that create the possibility of a flood be:ause it cc ,t drain c e-' N Messick. There is c'-_, oiteiy potential of what's called subbasin or specific lake areas th t if they a:e. :t draining and connected with adequate drainage because of sediment bu 'dup, those specific areas would have a delay in allowing release of the storm water rainfall fr n the high in nsity event. it is critical tc gave your stomwater system functioning properly a: 't was originally designed and that's where Forge stepped in and did a report to identify those itc ns that need 3 be addressed. M . Miller: My •ncern is we c o need to get these things functioning,so we don't flood some of or neighbor.-it . hurricane. C' ;irperson.;cr Would you recommend we start at the 90%and work down? Mr. Messick: Ye',could ask the contractor to start in that manner, but it may be more of his needs and meth._ s for how to tackle it to get it done in a timely manner and let him get in and address what needs to be finished and letting him take care of how he is going to set up and go through the wh,'e system. It is probably better to let him decide than us. Chairperson Sta a: How do they clean them? 13 I Page ' 6I 1 Flow Way 2ommunity C.velopment July 15, 2021 N: . Messick. _illy a vac ,:k. They pull .ie grate,sticl:the vac truck down in the structure a;- clean it unt `he water,s ear. If they realize that sediment is all the way down in the pipe, th y will take a .:and pull ;• rough the pi.-e and bring the sediment onto the structure and sr, :k it agair that stru: - rV Kleck: / _ re any cr-:•<•<=d or broren M. Messick hasn't bee;)determined, nut you would notice sediment buildup quicker in tr,-se areas. Iv Kleck: Vz,it. : Chu t be sc.- : thing we .:o d add to our Taylor Morrison want list? Ii Woods: . t; rghr our tec. 7 that went t. 'cugh the pipes would have noted something like th t. N, Winters: •V .,nderstate rg is that the r nes were so clogged up that they couldn't do an e',.rluation c ondition u,[ !:le pipes. The will take place after the pipes are cleaned out. C: ,Id we loc +em while ore doing t t: cleanout as one process? Iv! Messick would h: to come bac. out and look at them when there is room for a cc Hera. M Winters: ; :rid propose we take another look once we get them cleaned up and see if they ar: built right, r- _k right, and nolding up prcoerly. Anothe~question:Does the sediment get pi sically re,;-.c - „when the,puil it out of ,e pipe? Does it get dumped into the ponds? Messick: R oved. They Jo not dump F:ack into the ponds. Cf,-rirperson Ste e: The weir, ore they just going to put rip rap on both sides? Mr. Messick: T:e-e are severe'options that we could look at, one being a structural wing wall to pi.:vent erosior . you could cve a revetment or rip rap. !Cs very expensive, with design costs and constructio- costs if you are going to increase the structure from a weir to more of a control st 'cture;$E;0. s it line wit: rip rap and think both arefine from an erosion standpoint. Chairperson Stano: When you talked about the littoral plantings and you said restore, does that m:on plant r 'nove both er does that mean just do more plantings? Conner: ierally wcu'.: be removing exotics and planting new littorals. D:cussion ecis. regarding littoral restoration with removal of exotics and planting new lit orals;and thr' plant shelf preventing wave action during high winds. Chairperson Ste p: Earth Balance, l don't know if this is Taylor Morrison or not, it isn't us, was in there two days ago moving some plants, but they also looked like they were getting ready to plant more som= ✓here. The guy was out there selectively taking out plants, so they are doing something. The' -nay be Taylor Morrison's response by saying, oh yeah, we are out there ac wely workinc:. 14IPage 16 I 1 Flow Way ommunity L July 15, 2021 Mr. Winters: Ti is phase ili A 4 phase IV AB, is there a list of lakes to go along with these phases? IVr. Messick include one in my report. I was looking at their field notes and drafted which w a+d be inc : :n ill ana /eh would be 'acluded in IV. M . Winters: Sc s this some ing we want `o budget in f. •succeeding periods and deal with o., c a perio a, .: re? Ci .irperson o: !think 'we definitely ha.a to deal with this over a period of time. ^✓ Ward: V s i d do the chase 1 and pi- .-se II in the cu.-rent year, now, and then when we go into 2022, a sough we j us:`adopted tha budget, we will phase in phase IiI A, and phase IVA a; Bin 2023 a ie.2024 depending upon what we decide at that point. That will be a future ye is item, as ! be MRI co .-ing in and locking at the storm drainage system on a yearly basis. IV Winters: s=:: these per,..es on the nex,. :age, and I may be jumping the gun here, but we he re some perfc,mance bonds that go with some of these permits. Is there any opportunity to us some of' c. -,coney rat;e,than waiting for 2022/2023 and spending the residents'money? Chairperson Sta-rp: Greg and'have been talking about that, if there is some way we can trigger th.:se because i; .ou rems,; : T cylor Mor -.ion claimed cy transferred the bonds to the homeowner's associations. Maybe the homeowner's associations are the owners of the bonds. I ar not sure L cgally cc+.'c :o what they M Woods: tr ,:k we are gci g to want to put the bond companies on notice; whether or not th y will ste, .r o the plat,: `: another issue. TV Winters: Is -'-atsomethirs the County con help us with? N.' Woods: "-`ic I unty's de L..z'r-I/nation wo 'd be helpful to us yes. (Indecipherable)basically somebody has c r to repair them. M . Ward: It w, id not he/s a in the phase i/phase ii process. It is a separate matter. Dir,cussion ensued regarding the necessary motion. M . Miller askec' about Phase : and Phase II rimeframes. IV Word: I bei -e that was the letter that was sent to Taylor Morrison almost a month ago at this point wit a response ,ihich basically said we are on it and will get back to you in 30 days. This will continu'to wait until such time as aylor Morrison responds to that letter. Chairperson Sta.--o: We can authorize it t000y and wait until we get the response on the letter w.'ch should be ' the next to days. I don't know that you could even get started in ten days. M Winters: I c ?stion whet'=r we should :st table it until next month. I think next month we sr:.uld have a p„`ty good Jet 15IPage 16I1 Flow Way i.omrnuni::y L-:,elopment ,:ric!t July 15, 2021 Ci :firpersor 2: The pro. v-•ith that, -t least with t-;e weir is, are we in danger? If that st ~ts wash. e. we go fr.:: , ar 8,000 do Jar problem to a huge problem. Di_cussion e regarding '-e weir; it was decided the weir was too urgent a problem to wait. I Boguslc 'don't we ie c ndervulue cleaning out the silt, the pipes, and the storm water m nagemer 7 :.em. We es:-:;?a a disaster with the tropical storm, and you get a big storm w. h a lot of :ncl you a ,j to have ocalized flooding on the streets. With that said, ye.7, let's giv or Mortise ,_ chance to respond, but please don't put it off until the next b. :rd meet, Ci rirperson There r _ ce a sprciai card meetinc in a couple weeks. We can take it up at hat pain . :use we wi': :pefilly hove a response by then. M . Word: i : . ze it, ale :„St p at it hold for two or three weeks. We will get started, we will do the v. , vie can a;r':arize the.25- I will just put it on hold as the manager until we an ready to • , -erred ors 'e IV Wier: ' e we need ai some ac on soon but_chive Taylor Morrison an opportunity to re cond anc have Grea e: something, we don't like their response, to at least let them kr-'w that this r :'~:gels us tc ~--ke at least th>minimal act'on in order to prevent the flooding so th •t we don'`a -,'_,t the-e `rr vithar t`aylor Morriss involvement or responsibility. V Woods: ` °on; th- 'c:rd be t70 trategy. Cr 7irperson Sta if that ~ceptable, i,v'ill take a motion with that understanding for the Prose l and Pha::a 'l. On '?C- OP, made- '-,i, PPr. Ton' <leck, secor ed by Mr. Martinn Wir .. gad with ?' i' favor, the Phase 1/Phase 11 work as identified by C Giardanc C. Associates wis authorized b. Prey',Ave Perir !nvestigatic Mr. 4essick: Perimeter investigate- 7 was done to determine what improvements are neccesary to :::e external preserves from trespassers. There have been a few noted tres risers thct are not supposed to be be:k there; specifically, fencing and access gates. We corr leted a revie.'.' on the scr-oe day that w;. met with the SFWMD about the monitoring wells, and ✓alked the e- ee perirnete:, or rode a baggy around t' e entire perimeter, and prepared this reps-t. The fencing is in disrepair or in bad condition and needs to be replaced. There are several area: where there is open access where anybody can drive back to the external preserves and there are several tes, metal gates, which hove been broken and are just on the ground being run over by whoever i driving back there or walking back there. The proposed improvements I have identified in my re port which would bring the external preserves to a satisfactory level with regard to the perimeter, Tress, egress, and points of access, and security for keeping out trespassers. I have prepared ar e4hibit that _7entifies the existing conditions, and in my summary, I go through 16IPage Flow Way .:omrnuni' ? elopment trici July 15, 202 the ,cur differ - 'cations, Le ; the northe'n limits in which there is one point of access from Log. = Blvd, t ,,as no gent: :t that loco."ons. I recommend installing a metal gate at this loco on. The ads preset gate woula prevent anyone from driving off Logan Blvd directly into :Jr presE but anyh.. who can get into Parklands can also get into Flow Way. Other no to the r proper 'snits there ae other residential neighborhoods; however, there is fence , •eir props-t,• and there are existing stc•mwater management systems which wort a prevent from just a'king into c sr preserves, o I did not include those areas in my recc nmendat •improve:: • ,is for fencir j. The next area was Collier Blvd access; at the end of : paved r. ou can g_ , ht down the dirt path anc continue on in and have access right in 7e middle c `,e preserve While can': put a gate L. : at the end of Collier Blvd, we could prop.se two gate. •ust west c; .: north of thc:four-point intersection which would prevent people from entering _reserves;reel Collier Blv:.. Along with those two gates I would recommend reinstalling an replacing the existing field fence. The next area is the southern entrance and outp ircels. Ti,e sting fence, exising sect :y and guard„ouse are doing their jobs and I don't have any concern_, with trespassers from lmmakalee Road. The last section would be the western prop rty limit:. ere he exist g fence is in bad conditior and proposed to be replaced and the two gates the ;nett an access from Logan, more centrally located between Parkland and Ter_ 'na, those tt, gates are e Jken, and I v uld recommend replacing them. The cost of metal gat:.: is only$: JC ~ollars. The idol cost wou,_'be$186,320 dollars. Me. 'eck: lsn -,gaily a de. uper's proble to protect the development? Mr. 'toed: ? one of those fringe ones, that could be a Taylor Morrison responsibility. It doe -'t have z 'a pristine s,gape, probable not. What you look at more is, ordinary wear and tea: s okay, b ybe they he e let it go so caapidated, or it has been so long it should have been repi_'sed. Coulc tell how old the fencing was? M . lard: Some :his is origin._-;fencing from the 50s. Mr. "essick: Sarr of it is very 'a' I would ek;sect that that fencing, if there were any remnants of it, I .o not note i :rs being or. ::k:fisting fence. It was the new fence from this development that I have, noted in pry ✓estigatior : Mr. ',Vinters: By -cue of the feet that Taylor r4iorrison dumped this responsibility on the CDD and the 'ADD now fine:, it mandatory to secure the fence, it becomes our responsibility because Taylor Mor 'son dumper it on us. would say from that standpoint, it's a Taylor Morrison claim. Re;: -dless of the -endition of the fence, we have got security issues, and we have an obligation to ma.' tain the prey-. ves to make sure people aren't using them for rodeos and four-wheel events, an: -,at sort of t, g. I woulc soy it's part of:he claim personally. Mr. vliller: This exacerbates my frustration about the preserves in total, and Taylor Morrison's obligation to do t``e funding. I think the Army Corps of Engineers permit even specifies fencing. We ultimately ha to do something about this, I can accept that, but this is just another facet of the lawsuit. Chaff-person Starr. Short term. we are going to have to do this stuff, and it may come out of our poc et, and we.m ultimately recover some, all, or none of this. 17 I Page 1611 Flow Way ..:ommuni elopment . Juiy 15, 2021 Mr. ','ood: M; 'e r is gett,, ger. Mr. :inters: ' '.- e a fence a: :_'rid what was notated as p 'vate property? Mr. ;essick: know. ' -ote this wa,: a non-access :ie area. I did not notice fence on the irnr diate ad, paths. W tc ,,er it picks Lack up behind.he private property is not known. Mr. Writers: here these •_d hash marks are, around the private property, and then going bact up north ere it says c )en access, and then back around, we don't know if there is fence then, now? M . "essick: een the p .:._ property -nd where it _•ays open access to the north, that is no,: as barL'.c ire fence. ut all barbed wire fence shown in this exhibit is not in good cone tion. Discussion contir. =d regarding .}e fencing and access points. Mr. Messick: r14. :valuation :n es not include fencing around the entire perimeter. It is more foci ea/on the ss points ci :he fencing : : restrict those from the main areas from being able to c :ess the i- %e. Mr. linters: could have pother bill later on, right? Chc :erson There cot 1. . s mainte- nce bill as fences do need to be maintained. Mr. .essick: t:e are some tons where -he wire had just unstapled from the wood post, and the;• said they es ' come cc ` • reattach ;` and there wi be some savings if they can salvage the cisting pc t d attach tc at. Mr. 'linters: A.T.•_,ne who wancs in there bad enough is going to take some wire cutters and get the jh it any • %ut we car ;east not me F it easier for them. Mr. 'lessick: I :ic ote in my resort observing an existing trailer that was just outside of our limits, but :ey had a gone thrc.gh our preserve to get to that location. The horses were riding aloe the wee roperty lip e:. It felt iron-: I was going out there to investigate the perimeter fo -spasser: : here were .`-.,:spassers in t T preserves. Mr. ;'inters: marked a: non-access:nie area, and yet you were able to determine there we - trailer t Mr. 4essick: On e northern roperty line; from Logan Blvd, you can access all the way to the ver) ^,estern lirni- Put the por*'cn where the--e is an "x"fence along the panhandle portion, that's whe e it is inacce )le. The tra 'sr was up on the northern property line. Disc ssion ens a egarding hc.:w the trailer accessed the preserves; the locations of the other gate ; trespas :cessing the preserves vie the Immokaiee gate to fish in the canal; and the pos_ 3ility of i ng the sec.-:i,y of the Immokalee area to prevent trespassers. 18IPage 16I1 Flow Way .ommuni 'elopment G strict July 15, 2021 Mr. "essick: include iru eased Immc .alee security. I will note that, but I wouldn't expect that o substa increase ,:ost of the project. Disc_ssion ens .garding de':nsive landscaping such as cacti. Mr. 9iller: If compellec: ro take some action with some fencing, then so be it, but I think this •7oes mo _ vn the line that Greg should put Taylor Morrison on notice that we are cony elled to c ;ething on t';e preserves t: at the CDD is not in the business to do. The CDD is not the bus: .3: .f an enviroc:mental agency, nor security for property which lies outside of the CDC:soundaric c l make sure Taylor Morrison is aware and the arbitrator becomes keenly aware that ye are be impelled to `_eke action do.?to Taylor Morrison's failure. Mr. .'oods: T :ou Ron. Chairoerson Si - You said it .vas the 5-strand barbed wire. Can we go to the 3-strand and save a lit a money. Mr. "essick: = ,. Mr. ' :'inters: - -e being ask ,d to fund $ 37,000 dollars today or is this something we would pho; in? Mr. :'ard: We as going tc ha' to r.d ase tF._ in. Obviousl, prioritize it in some way. VVe wanted to g.t this report o see what n eded to be do e. Obviously in the next couple of months I will ask Jim' :1 to phase tl- in and come up with a pia? to do the work. Chai Berson Starr We need 'e tcke a loc at our budget and see what we can carry. At a subsequent meet: x we can do this. Mr. Vinters: Do have any cc tingency fun.is or reserve funds that we can tap? Mr. lard: No. Mr. `linters:Sour:I:like we she^'id going forward. Cho' Jerson S_ Next year i assessmen' :s going to c a to go up. Mr. °linters: ' - . 3e a one-t -ine special assessment? Cho' Jerson Si. - Depends 'io,y the lav,suit comes out, where we are with Taylor Morrison, etc. Mr. "!ard: W, at time. We are just starting 2022. All of this work is great for us to get done nov, Because 'be able to plan what little bit we can do in 2022 and then moving on to 2023 whc our budget. ;<oing to be. Cho' Jerson Stair - Do we need a motion today? 19IPage 1611 Flow Way Community LT :ielopment C trict July 15, 2021 Mr. :1ard: No. % :s will be an :going item. We will add it to a planned list of things we need to do. III. Distric Manager—.! Ward&Associates, LLC a. Fine vial StatemE ,ts for period ending June '),2021(unaudited) No r<port. OLD BUST` SS SEVENTH ORDER OF BI..'' NESS Continued Item Agreemer?. with Maste. iomeowner's Association and District(Continuing Item) Chairpersc,-;Stamp: Da.= Boguslawsl an; I have talked and the HOA's feeling is they want to leave it in place at th's point. EIGHTH ORDER OF BUS \IESS Continued Item Discussior of Future Fir ding of Preserve Mitigation and Maintenance(Continuing Item) Chairpers. Stamp: Vl _ have talked a lot about this and whether we can trigger those bonds, and otherwise 'e are pretty ,uch waiting on the lawsu;:to see what happens. NINTH ORDER OF BUSI' 1:SS Staff Items I. District Attorney Nore. .t. II. Distri Manager No rerort. TENTH OF ER OF BUS! :3S Boyd Items Chairperscn Stamp: Ai rew Miller has resigned, so we are down to four members. I want to have a general discussion abo how people vent to proceed. Do we want to advertise this, take resumes, do interviews,fill the sect- lay? How d3- the Members want to proceed with this? Let me also say, we are looking to try to have a other meeting late in the first week of August because we are going to be in a situation Mere I will be Europe, Rc; will be in the Ozarks, and you two will be down to two members, so there 3. )n't be three ;eople here to have a meeting. We probably want to move expeditiously, but maybe not. If we don't -Fed a meeting in August, maybe we say this becomes a September issue. 20 I Page i 6 I 1 Flow Way Community E :eiopment % trict July 15, 2021 Discussior ensued r_, 'ng the pos lbility of an ,xtra meeting .le first week in August to discuss a Board Member; the Jr_ .,aility of hearing from Taylor Morrison before the August meeting; when to hold the next meet"E vhether to )ntinue with an unfilled seat for the remainder of the term or appoint s ieone to = 2 seat for ti remainder cf the term; and waiting until September for the next meeting. Mr. Warc '-.dicated as Auld keep ab east of the Taylor Morrison situation and if the Board needed to meet to c cuss a resrc _e from Taylc Morrison, he would call a meeting. Discussion ensued rega sling the sele:`ion of an individual to fill the seat; how to select an individual; and inter,. awing inc 's as a Bcsr Chairperson Stamp: my reason tie would neec a fifth meeting, other than filling this seat, would be if we neec some kin 'sponse for. aylor Morrisc I think with the authority the Board has given me, I can respond accor and we cc just cancel _'le August meeting as there are only two members who coulc ;hysicaliy ,ere. Mr. Wood If Taylor 'rison were tell us to g- pound sand regarding the sand in the pipes, is Jim authorizes to have then Begin on the pipe cleaning? Chairpe Stamp: Mr. Ward Yes. Chairpers Stamp: brings us bo-<to how do :u want to praceed? Mr. Kleck: What's Jir ;perience in replacing Boar Members? Mr. Ward: My expe has been fiat the Board would come up with one or two or three people and talk about t. The in w process, r so much. And come to a consensus in a public meeting on what you want co do. You b-'ng your experiences to the table, and you make a decision as a group and be done with and then a otion and a=:cord and an affirmative vote on one of those people. 1 would not recommend the intervie process. Mr. Winters: Could = into a close: session and lave a discussion? Mr. Ward, No, you h: a do this in caen session. Mr. Winters: Could e: ,-us bring a 7me to the- 'xt meeting a_ a recommendation and then discuss? Mr. Ward: The bad par 7bout this is, 't is a public cnd open process, so just whoever you think is a good candidate; just use your pest judgmen`, bring them Here. There is no disparaging anybody's reputation, it's just th;s is someone think would be a good fit and you have a simple easy discussion about it and make a de.ision. Discussion ensued reg.}ding choosing an individual with good qualifications and someone not a snowbird. 21 I Page 16I1 Flow Way 2ommuni alopment E str a July 15, 2021 Mr. Mille I have .he libel:; _,;ntacting '"an Mancuso who is a fulltime resident, and in my opinion, would mak:_ :cellent Board Member. He has not given me a yes. He wants to think about it for a few i,ays. In r .,ersatior him I mac'._ it clear there would be other names that are going to be pres2ited, so he iiuldn't feel sensitive or have any hurt feelings in the event that he says yes, and he is not selected. I Oink that's c problem. Mr. Bogy:'Jwski: ;oing to b dropping of' [the call] ar.-' I think your last minute or two of discussio: where) , ht to hecc on';gc fir ,ames, go for _;ualifications as a first step. Chairpers: 7 Stamp: f : ::_d. By all rr'ans, if you k :ow somebody who stands out, please communicate with me one of the a` r Members. Mr. Win:._. I have iscussions v. ,',1anmohc • "Bart"Bhat c. who was on the transition committee who is an wironmentc' ;:;gineer wit- 30 years'experience. He has done environmental work for major corporatic: s around •crld, anc h,. Ys expresso i on interest. Mr. Kleck: While we o, throwing oc names, Johr Coles (ph). I think John brings a lot to the table as well. Chairpersc n Stamp: Sc. the consensus at this poir,, that we will delay this decision until September? Discussior =nsued - ling a mee' ,F in August or September. It was decided to hold the next meeting ir; September. Mr. Ward: If somethir . :omes up, 0'4 we don't have that meeting and we need it for some reason, I will get in :)uch with ; d viduc i :'set somet .ing up. FINAL BO'?D ITEMS, ELEVENTH ORDER OF - 1ESS Aucience Comments Chairpers:. Stamp t_ i7 there vier ar+,T audienc comments;t ere were no audience comments. Mr. Winte-s: I had c : :st thing. 0 lake 11, we have the eievation survey, and the elevation survey that our s.,veyor ca with differs rom that pre tided by Waldrop by one to two feet. Chairpers Stamp: level you me :r,? Mr. Wintc The g 'eve!. :hey were s aposed to ha,'e graded and made available for the final perrr is differ ::•m that which Waldrop p ovided, and he was going to do an inspection with the Count;, inspecto 1<him does this comply or not, because apparently it doesn't. And, he has not been able 3 get a meet`a set up in the last two weeks. Chairpersc Stamp: r✓`✓: ^you aware f that? Mr. Messir<: I was, h: .m said he w-os going to h ie some grading shots. 22 ' Page t6 I 1 Flow Way Community Development District July 15,2021 Mr. Winters: I will have more information about this later. TWELFTH ORDER OF BUSINESS Announcement of Next Meeting No meeting in August unless necessary; next meeting September 16,2021. THIRTEENTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 2:45 p.m. On MOTION made by Mr. Tom Kleck, seconded by Mr. Martinn Winters,and with all in favor,the Meeting was adjourned. Flow Way Com I. . - i;,lpment District James P. ard, Secretary Zack Stamp,Chair. on 23IPage 161 B Fttt\'apLrit ri is PART Of THE USA TODAY NETWORK Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWARD&ASSOC LLC 2301 NE 37T"ST FT LAUDERDALE,FL 33308 ATTN CORI DISSINGER Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 6/28/2021;7/5/2021 Subscribed and sworn to before on June 5th,2021 l t a u_.Yvti uv‘c-Q 1 tx:.L. Notary,State of WI,County of Brown r-- TARA MONDLOCH Notary Public State of Wisconsin My commission expires: August 6,2021 PUBLICATION COST: $2,080.52 AD NO: GC10678577 CUSTOMER NO: 530108 PO#: PUBLIC NOTICE 111�" FLOW WAY COMMUNITY DEVELOPMENT DISTRICT �� N NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2022 BUDGETS;AND NOTICE OF PUBLIC HEARING TO CONSIDER THE IMPOSITION AND LEVY OF MAINTENANCE AND OPERATION SPECIAL ASSESSMENTS;a ADOPTION OF AN ASSESSMENT ROLL, AND THE USE OF THE UNIFORM COLLECTION, AND • ENFORCEMENT OF THE SAME;AND NOTICE OF REGULAR BOARD OF SUPERVISORS'MEETING. The Board of Supervisors for the Flow Way Community Development District will hold two public hearings and a regular meeting on July 15,2021 at 1:00 p.m.at the offices of Woods,Weidenmiller,Michetti&Rudnick,9045 Strada Steil Court, Suite 400,Naples,FL 34109. The meeting is being held for the necessary public purpose of considering such business as more fully identified in the meeting agenda,a copy of which will be posted on the District's website at www.flowwaycdd.org. The purpose of the first public hearing is to receive public comment and objections on the Fiscal Year 2022 Proposed Budgets.The first public hearing is being conducted pursuant to Chapter 190,Florida Statutes.The purpose of the second public hearing is to consider the imposition of special assessments to fund the District's proposed operation and maintenance budget for Fiscal Year 2022 upon the lands located within the District,a depiction of which lands Is shown below,and to consider the adoption of an assessment roll,for the uniform collection,and enforcement of the assessments.At the conclusion of the public hearings,the Board will,by resolution,adopt the budgets and levy assessments to fund the operation and maintenance budget as finally approved by the Board. A regular board meeting of the District will also be held where the Board may consider any other business that may properly come before it. A copy of the proposed budgets,preliminary assessment roll,and the agenda for the hearings and meeting may be obtained at the offices of the District Manager,located at 2301 Northeast 37th Street,Fort Lauderdale,Florida 33308,Ph:(954)658-4900, during normal business hours In addition you may contact the District Manager James Ward at JimWard®JP@JPWardAssociates. corn. In addition,budgets,preliminary assessment roll and agenda are available on the District's web site at www.flowwaycdd.org, approximately seven(7)days in advance of the meeting. The special assessments are annually recurring assessments and are in addition to previously levied capital debt assessments. The table below presents the proposed schedule of operation and maintenance assessments for Fiscal Year 2022. Amounts are preliminary and subject to change at the hearing and in any future year. The amounts are subject to early payment discount as afforded by the uniform collection law Proposed Schedule of Assessments Per Unit $525.04 The tax collector will collect the assessments pursuant to the uniform method. The District may choose to collect the assessments for developer owned land not pursuant to the uniform method. Failure to pay the assessments collected by the Tax Collector using the uniform method will cause a tax certificate to be issued against the property which may result In a tax deed and loss of title For delinquent assessments that were initially directly billed by the District,the District may initiate a foreclosure action or may place the delinquent assessments on the next year's county tax bill. All affected property owners have the right to appear at the public hearings and the right to file written objections with the District within twenty(20)days of publication of this notice. The public hearings and meeting are open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts The public hearings and meeting may be continued to a date,time,and place to be specified on the record at the hearings or meeting. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at(954)658-4900 at least forty-eight(48)hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at(800)955-8770 for aid in contacting the District Office. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the public hearings or meeting is advised that person will need a record of proceedings and that accordingly,the person may need to ensure that a verbatim record of the proceedings is made,including the testimony and evidence upon which such appeal is to be based. Flow Way Community Development District James P.Ward District Manager I l I I I 1 NORTH • LEE('OUFTY I COLLIER COUNTY f--� PROJECT' JLOCATION : ' • o ce IMMOKALE:F ROAD 0 ct l— - y w '—� VANDERBILTBEACH ROAD cc ce u 0 ` V PROJECT LOCATION MAP PART OF SECTIONS 15&22 TOWNSHIP 48 SOUTH,RANGE 26 EAST COLLIER COUNTY,FLORIDA tNU SCALE; ND-G000611sr i-Vl 16 I Nrwø apirs Baitll PART OF THE USA TODAY NETWORK Published Daily Naples,FL 34110 FLOW WAY COD CO JPWARD&ASSOC LLC 2301 NE 37TH ST FT LAUDERDALE,FL 33308 ATTN CORI DISSINGER Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida ,for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 6/28/2021;7/5/2021 Subscribed and sworn to before on June 5th.2021: (LA (ilex a 1.rx-.h__� Notary,State of WI,County of Brown TARA MONDLOCH Notary Public Stote of Wisconsin My commission expires: August 6,2021 PUBLICATION COST: $2,080.52 AD NO: GC10678577 CUSTOMER NO: 530108 PO#: PUBLIC NOTICE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT il 4 NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2022 BUDGETS;AND NOTICE lib II 1 OF PUBLIC HEARING TO CONSIDER THE IMPOSITION AND LEVY OF MAINTENANCE AND OPERATION SPECIAL ASSESSMENTS;a ADOPTION OF AN ASSESSMENT ROLL, AND THE USE OF THE UNIFORM COLLECTION, AND ENFORCEMENT OF TI-IE SAME;AND NOTICE OF REGULAR BOARD OF SUPERVISORS'MEETING. The Board of Supervisors for the Row Way Community Development District will hold two public hearings and a regular meeting on July 15,2021 at 1:00 p.m.at the offices of Woods,Weidenrniller,Michetti&Rudnick,9045 Strada Steil Court, Suite 400,Naples,FL 34109. The meeting is being held for the necessary public purpose of considering such business as more fully identified in the meeting agenda,a copy of which will be posted on the District's website at www.flowwaycdd.org. The purpose of the first public hearing is to receive public comment and objections on the Fiscal Year 2022 Proposed Budgets.The first public hearing is being conducted pursuant to Chapter 190,Florida Statutes.The purpose of the second public hearing is to consider the imposition of special assessments to fund the Districts proposed operation and maintenance budget for Fiscal Year 2022 upon the lands located within the District,a depiction of which lands is shown below,and to consider the adoption of an assessment roll,for the uniform collection,and enforcement of the assessments.At the conclusion of the public hearings,the Board will,by resolution,adopt the budgets and levy assessments to fund the operation and maintenance budget as finally approved by the Board. A regular board meeting of the District will also be held where the Board may consider any other business that may properly come before it. A copy of the proposed budgets,preliminary assessment roll,and the agenda for the hearings and meeting may be obtained at the offices of the District Manager,located at 2301 Northeast 37th Street,Fort Lauderdale,Florida 33308,Ph:(954)658-4900, during normal business hours.In addition you may contact the District Manager James Ward at JlrnWardaJP0L1PWardAssoc,ates. corn. In addition,budgets,preliminary assessment roll and agenda are available on the District's web site at www.flowwaycdd.org, approximately seven(7)days in advance of the meeting. The special assessments are annually recurring assessments and are in addition to previously levied capital debt assessments. The table below presents the proposed schedule of operation and maintenance assessments for Fiscal Year 2022. Amounts are preliminary and subject to change at the hearing and in any future year. The amounts are subject to early payment discount as afforded by the uniform collection law Proposed Schedule of Assessments Per Unit $525.04 The tax collector will collect the assessments pursuant to the uniform method. The District may choose to collect the assessments for developer owned land not pursuant to the uniform method. Failure to pay the assessments collected by the Tax Collector using the uniform method will cause a tax certificate to be issued against the property which may result in a tax deed and loss of title. For delinquent assessments that were initially directly billed by the District,the District may initiate a foreclosure action or may place the delinquent assessments on the next year's county tax bill. All affected property owners have the right to appear at the public hearings and the right to file written objections with the District within twenty(20)days of publication of this notice. The public hearings and meeting are open to the public and will be conducted in accordance with the provisions or Florida Law for Community Development Districts. The public hearings and meeting may be continued to a date,time,and place to be specified on the record at the hearings or meeting. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at(954)658-4900 at least forty-eight(48)hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at(800)955-8770 for aid in contacting the District Office. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the public hearings or meeting is advised that person will need a record of proceedings and that accordingly,the person may need to ensure that a verbatim record of the proceedings is made,including the testimony and evidence upon which such appeal is to be based. Flow Way Community Development District James P.Ward District Manager I NORTH • li..._ LEE COUNTY tij, COLLIER COUNTY ( ) \. ...- PROJECT 1 -t LOCATION) • • 1 C < _7 C ce 1MMOKALFE ROAD) Z O F 4 • rn • to z_ a o a VAN DE RBI LP BEACH ROAD co • ' 11 O U J PROJECT LOCATION MAP PART OF SECTIONS 15&22 TOWNSHIP 48 SOUTH,RANGE 26 EAST COLLIER COUNTY,FLORIDA (NO SCALE) no-Gci0e7e57T-0, 16I1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday,September 16, 2021, at 1:00 P.M. in the conference room of the offices of Woods, Weidenmiller, Michetti, & Rudnick, 9045 Strada Steil Court, Suite 400, Naples, Florida 34109. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Torn Kleck Assistant Secretary Martinn Winters Assistant Secretary Also present were: James P.Ward District Manager Greg Woods District Counsel James Messick District Engineer Jessica Tolin District Counsel Audience: Ed Staley Bart Bhatla All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted, and all Members of the Board were present, constituting a quorum. SECOND ORDER OF BUSINESS Public Comments for NON-Agenda items Individuals are permitted to speak on items on the Agenda during that item and will be announced by the Chairperson;comments limited to three minutes Chairperson Stamp indicated there would be a time for public comments regarding non-agenda items at the end of the meeting; however, he would be happy to recognize speakers for brief comments during regular Agenda Items. Wage 16 I 1 Flow Way Community Development District September 16, 2021 THIRD ORDER OF BUSINESS Consideration of Minutes July 15,2021, Regular Meeting Minutes Chairperson Stamp asked if there were any additions or corrections to the Minutes; hearing none, he called for a motion. On MOTION made by Mr.Tom Kleck,seconded by Mr. Ron Miller, and with all in favor, the July 15, 2021, Regular Meeting Minutes were approv?>J. FOURTH ORDER OF BUSINESS Consideration of Replacement Consideration of Replacement Member for Seat 1 I. Oath of Office II. Form 1—Statement of Financial Interest III. Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees Mr. Ward: You are filling Mr. Miller's Seat. The requirement is that the individual has to be a citizen of the United States and a resident of the State of Florida. There is no requirement at this point that the individual be a qualified elector residing within the District itself. At the next election, which will be in 2022, then the individual will need to be a qualified elector. The way this procedure works, you will discuss the matter, and by simple motion, second, and an affirmative vote, you can appoint someone to fill the unexpired term. If they are not here, I cannot swear them in today, but I can swear them in after today's meeting and they will be able to sit and vote at your next Board Meeting. They would have to be here in person for me to swear them in physically. Mr. Martinn Winters: I am recommending Bart Bhatla. Bart is on the call remotely and he has an extensive background in environmental engineering and land planning and so forth. He has helped me go through some of these issues and has demonstrated a willingness to serve on the Board. I think we are well-served to have somebody with his credentials on the Board going through the issues that we are going through. He fills a gap in our experience and knowledge. I recommend Bart to be a Board Member. Mr. Tom Kleck: Bart, are you a resident of Esplanade? Mr. Bart Bhatla: Yes. I am at Montelanico Loop. I have been here about a year and a half. Mr. Winters asked Mr. Bhatla to introduce himself. Mr. Bhatla: I have been in the consulting engineering business for about 40 years. I started with a company and retired with the same company, but at the time I joined the company we were only about 16 employees, and we grew to about 5,000. Fairly eminent company in the county. Roy 2IPage 6 I 1 Flow Way Community Development District September 16, 2021 Weston, Inc. I started as a lab director there and I basically served in many positions from Project Manager to Project Director to VP, etc. 1 was in Italy about 5 years, in Milan. I started a consulting company for the company. Then I was in Cleveland for about 4 years and ran a consulting engineering company there. It was basically a civil engineering company, and I was the president of the company for about 4 years. Basically, I am a problem solver. Have been and enjoy it. Have been through all aspects of doing and managing and overseeing businesses. As for the educational background, I am undergraduate in civil engineering, master's in public health and I have a PhD in environmental engineering from Oklahoma State University. I kind of started in environmental business as it was starting to take hold in the U.S. Mr. Winters: You understand the nature of the permits that we are operating under and so forth? Have you had an opportunity to lock at any of those permits? Mr. Bhatla: I hove leafed through those as a part of the HOA engineering team. I haven't studied them in detail, but I am fairly familiar with them, and I understand the issues on the table, particularly the issue of transition and the deficits in the permitting requirement, etc. Mr. Winters: Bart and I met, Bart was on the HOA transition committee, the engineering group, and I was working with the CDD group and so that's how Bart and I first got together. I felt it was a good collaboration. Mr. Ron Miller: Eased upon Bart's background, and his willingness to serve, based upon my expertise, this would raise the elevation of our expertise. Mr. Ward asked Mr. Bhatla if he was a United States Citizen, and a resident of the State of Florida. Mr. Bhatla responded in the affirmative. On MC ION made by Mr. Martinn Winters, seconded by Mr. Tom Kleck, and with all in favor, Mr. Bart Bhatla was appointed to fill the unexpired term of Seat 1. The Board welcomed Mr. Bhatla. Mr. Ward explained his office would forward Mr. Bhatla an Oath of Office to be signed and notarized and returned to himself. He noted he would send Mr. Bhatla a Guide to the Sunshine Law and Code of Ethics for Public Employees. He encouraged Mr. Bhatla to review these. He explained as a public official Mr. Bhatla was required to abide by a number of laws, but the Sunshine Law was the most prevalent. He stated the Sunshine Law prohibited communication between Board Members outside of publicly noticed meetings regarding anything which could possibly be Board related CDD business. He discussed ethics violations and indicated Mr. Bhatla was welcome to reach out to himself(Mr. Ward)or Mr. Woods with any questions. FIFTH ORDER OF BUSINESS Consideration of Resolution 2021-8 Consideration of Resolution 2021-8, a Resolution of Board of Supervisors of the District Re- Designating the Officers of the District 3IPage i 6 I 1 Flow Way Community Development District September 16, 2021 Chairperscn Stamp noted Mr. Bhatla could be added as an Assistant Secretary and the remaining Board Members could keep their current officer's positions. The Board agreed. On MOTION made by Mr.Tom Kleck,seconded by Mr. Ron Miller, and with all in favor, Resolution 2021-8 was adopted, and the Chair was authorized to sign. SIXTH ORDER OF BUSINESS Staff Items I. District Attorney—Woods,Weidenmiller, Michetti, &Rudnick a. Notice to TM on Forge Report—There are two letters,one for the MRI report item and one for the lake banks/littoral shelves b. Arbitration Hearing:January 18, 2022,at 9;30 a.m. Ms.Jessica Tolin: Where we are in the litigation currently is the discovery process. We had a deposition of Tim Hall. There is a second deposition day in the works of being scheduled, a couple discovery requests that we're responding to, and currently there is consideration of a potential amendment to address certain issues with the lakes. Chairperson Stamp asked about the Arbitration Hearing. Ms. Tolin: There is a nonbinding arbitration that a representative of the Board would need to attend. It is just a one-day event. Generally. i don't anticipate it being longer than one day for this one. All sides would essentially present their case before the arbitrator. The arbitrator would in turn award, the award would be sealed. It would not be presented to the court until it needed to be and there are some legal implications from the award that we could get into. Everyone should just be aware that there is an arbitration that is occurring. Chairperson Stamp asked about the two lette;-s. Ms. Tolin: There were letters that were sent to Taylor Morrison's attorneys previously on the lakes as well as enclosing a copy of the Forge Report on those conditions. Chairperson Stamp: That's the one that went some time age. Ms. Tolin: Correct. To date there has not been a substantive response from Taylor Morrison to address those issues. Mr. Miller: This arbitration hearing, the judge is not aware of what comes out of it? Ms. Tolin: Correct. The judge would not see the award unless there was need. Mr. Miller: And with respect to letters that have gone to Taylor Morrison about the drainage system and so forth, they have not responded to our letters. Wage 1 6 I 1 Flow Way Community Development District September 16, 2021 Ms. Tolin: There was a response that essentially said they were looking into it, but there has not been any response indicating that there would be repairs or any sort of remedial action taken to substantively address the issues. Mr. Miller: Before we spend a dime on anything, should we send Taylor Morrison one further letter that essentially says your nonresponse is compelling us to take actions? Ms. Tolin: There is another type of letter that will be sent pertaining to particularly default items. That is a direct that we can work with Zack on. Chairperson Stara 3: And we hove already spent a considerable amount of money trying to cure some of these things because we are concerned about the rainy season and the impact that not fixing them would lave. Mr. Miller: I just want to be certain we have Taylor Morrison on notice that they put us in a corner and are compelling us to spend money. Chairperson Stamp: That would be a 558 letter? Ms. Tolin: That would be the notice letter with respect to anything considered a construction defect at this point. II. District Engineer-Calvin,Giordano&Associates a. Preserve Tree Removal Process b. Stormwater System Repairs (i) Broad Crested Weir (ii)Sediment and Debris Removal Mr.James Messick: i put together the report for this meeting. It is pretty brief, but I will go through it. There are two items i want to discuss. The first is the preserve tree removal. Our landscaping architect and arborist Mike Connor(ph) who you met a couple months ago has completed his initial investigation, has walked around the site, identified, and logged all of the trees that he feels could potentially fall into and affect any public use areas, such as sidewalk, golfcart paths, and perimeter walking/biking trails. He is preparing a full report for the Board, and I will include it in my Engineer's Report for next month and if you would like we can have him come and discuss with you and go through it with you. I think we can coordinate that and then he will be able to prepare and submit to South Florida Water Management District for approval to go through with removal or felling of dead trees. Chairperson Stamp: Do you anticipate we will have the report before our meeting? If we have it before we can determine if we need to have him present. I don't want to waste his time. Mr. Messick: I will reach out to him. I know we try to get this Engineer's Report in Jim's hand a couple weeks in advanced. I will find out from him by the end of this week if that is possible. If so, I will have it included in the report and you can let me know if you would like him to be in attendance. SIPage 16 I Flow Way Community Development District September 16, 2021 Mr. Miller: Do we think at this point what we are talking about is extensive or just minor? Mr. Messick: He said it was more extensive that what he thought. It took him more than what he thought, but he was able to finish his first walkthrough and he said there were more trees. He said it was obvious this hasn't been done before and this first time around will be pretty extensive. He said we can certainly go through and address this in phases, get the more critical areas first, and then work from there. He will be prepared to talk about that. Mr. Kleck: Is his report going to cover just the preserves or the trails as well? M:-. Messick: Both. Mr. Kleck: I'd life to get an update on what needs to be done to put the trails back in Al condition. Mr. Messick: Okay. in regard to the dead trees that are near them? Mr. Kleck: In regard to the trees that are blocking and coming in, the grass that is growing over the trails. My wife drives those trails everyday on her bike and she says they look like crap. So, my question would be are they going to be responsible for those as well? Mr. Ward: Are you talking about the trails inside the preserve? Mr. Kleck: Yes. Mr. Ward: His initial report is only for tree removals. We are not addressing the trails within the preserve areas. M;-. Kleck: Okay. Chairperson Stamp asked about the stormwater system repairs. Mr. Messick: We were able to get quotes for both phase 1 and 2. Those were the immediate items of importance that we wanted to address ASAP. The broad crested weir to the south and the sediment and debris removal. We were able to start construction/restoration and debris removal earlier this month on September 8. They anticipate the length of construction to take a month to a month and half. They started on the control structures of lake 1, 2 and 5A. They are moving along a little slower than we would like. I think they are going to get a second team in to finish in the time frame they estimated. I will be coordinating with them to make sure that happens. The phase 1 broad crested weir was also contracted to MRI and that was a little bit behind the sediment and debris removal portion, but they are going to start on the 27th now. They think it is only going to take a couple days in the field,so once they get started, they will have their specialized equipment on site. They will be able to bring the rock and rip rap to the site and get it staged and set up and finalized by the end of this month. Mr. Winters: How much of this is considered remedial and how much is considered routine maintenance. is this all remedial work that should have been done? Wage 1611 Flow Way Community Development District September 16, 2021 Mr. Messick: I would have liked to see the original design have some of this incorporated into it, so I can't say this is maintenance. We let it slip a little bit to the point where it got to be a little bit more erosion than what we would like. 1 couldn't tell you if that happened in one rainy season or if it happened over years of erosion. I think once we get this addressed the continual maintenance w'!i be much easier and little to none actually once we get the rip rap installed. Mr. Winters: I guess what I'm getting at is, we have got an MRI condition report which showed the status of the lakes and drainage systems at turnover, which showed a lot of this work needing to be done which wasn't done, and I am questioning whether we should be keeping tabs on how much we are spending on all of this to include in our claim. Mr. Ward: We are going to keep tabs on all of it and that will be provided to Jessica and Greg, and they will be the two who can decide on what to do with it at that point. Chairperson Starnp: Part of it will be routine maintenance and part of it will be deferred maintenance that they should be liable for. Jessica, do you have everything you need for the bridge/railing? Ms. Tolin: Those were also included in the prior(indecipherable). Mr. Messick: The only other thing in my report that changed from the last time is I did include the pass-through weir detail that they used. It shows the rip rap both in plan view and detail view and outlines what they will be constructing in case you had any questions about that. Ill. District Manager—JPWard&Associates, LLC a. Financial Statements for period ending July 31, 2021(unaudited) b. Financial Statements for period ending August 31,2021(unaudited) Chairperson Stamp: I would like you to walk us through this fiscal year which is about over and the next fiscal year. We're getting a lot of expenses that were unanticipated, so just give us a general over✓iew. Mr. Ward:Our budget is in essence$680,000 dollars in the current year, both revenue and expenditures. We will either meet or slightly exceed that amount of expenditures in the current fiscal year. If you recall, a part of the revenue stream we are using is$100,000 dollars of our cash balance from last year, so our cash balances will drop down into the$210,000/$220,000 dollars range before we go into our 2022 year. Obviously, the big expenditures are the legal fees, the cleanout for the drainage system and the weir structure. The issue going into 2022 we will have to consider is we will no longer have cash available that we can use to fund our budgets for 2023, so we already will have a large deficit. You have$400,000 dollars plus maintenance on these littoral shelves and lake banks. If that is not repaired, it will need to be dealt with. Plus, we will need to get whatever our operating costs are and any legal fees going into the 2022/2023 year. We will have a very difficult budget process in 2023. It will be a different 2022 trying to keep expenditures in line with the same budget that we have in the current year knowing the cash position is starting to get low. Mr. Kleck: The reason for this is the amount of work that Taylor Morrison has left for us to do? 7I Page ' 611 Flow Way Community Development District September 16, 2021 Mr. Ward: It is twofold. One, it's obviously the legal fees associated with all of this. We are at $110,000 dollars in legal fees as of the end of July and we are running$10,000 to$15,000 dollars per month at this point on legal fees and court reporters and stuff like that. We had almost $100,000 dollars we are spending this month alone on cleaning out the drainage pipes and the weir structure repairs. Those are very big budget expenditures in a very short period of time. Mr. Kleck: What is the projected time frame where we could possibly see some kind of a settlement if it comes to that. Ms. Tolin: Right now, we are on the settlement front. It's hard to say. Chairperson Stamp: What's our likely trial date? Ms. Tolin: Off the top of my head, I don't recall exactly when we are set for trial, or at least the trial docket that we are on. Generally speaking, it takes 2 years from the date of filing, so it would be likely next year. Mr. Ward: For some reason i remember Greg saying it would be the fall of next year. Ms. Tolin: There would eventually be a mediation that would happen, and so there is an opportunity there depending on negotiations. Mr. Xleck: That was one of the big issues. They've left us no kind of escrow money to work on. Mr. Ward: You are correct. From a monetary sense. Going into the next year we are going to have a very big financial increase in our budgets in order to meet the operating requirements of the District on a going forward basis for what we need to do,just under general operations. And I can already tell based upon what we had budgeted for operations, even though we didn't do it, it is woefully inadequate to operate this District on a going forward basis. I had mentioned to Zack I think we are going to start the budget process earlier than we normally do and have to work our way through this process next year. Chairperson Stamp: Part of that will be phasing in the fencing and pipes and other things. Even if we settle with Tayor Morrison, that's going to be a year or more down the road, so we are going to have to get two budget cycles with the assumption there is not going to be penny. And if there is then it's good, but we cannot assume that. Mr. Ward: Maintenance of the lake banks, the littoral shelves, once we spend the$400,000 dollars, assuming that's the right number, we are going to have to take over the maintenance of that at that point. We can't let that kind of investment go without being maintained in a proper manner. The preserves, obviously whatever we decide to do, the tree removal, the fencing issues, as you call them the trailways within the preserves, nothing is being maintained and I am realizing now, the more we get into this, we have a very big nut to crack. Mr. Winters: On a routine maintenance basis, how much would you say we were short? Do you have an estimate? Wage 16I1 Flow Way Community Development District September 16, 2021 Mr. Ward: I have no idea. I am going to tell you it is going to take Jimmy and I probably two months to put something together that is even reasonable on this kind of a District. Now that I think we are all really understanding the level of maintenance that's even needed on this project. It is not in the HOA's budget either, so we are going to have to just take this on. Mr. Bhatla: Have we taken the ownership of the lakes? Mr. Ward: Some of the lakes are owned by the CDD. Some of them have fee title ownership to the HOA, but the District has an easement to all of the water management system. Mr. Bhatla: The lakes are still under a provisional permit. in other words, they are not approved by the County as to be in a state to be issued a permit. If we done have the ownership of the lakes, anything we are spending is in anticipation. i think that's the responsibility of Taylor Morrison. I just wondered why we are starting to maintain them and not the owner of the property so to say. Mr. Ward: Within the context of the regulatory environment, there are construction permits from the regulatory agencies, whether that is South Florida Water Management District or Collier County. Obviously there have been signifcant issues about whether the County or South Florida will or has already accepted those permits to be in compliance with those construction permits. There are now also operating permits from South Florida Water Management District, none are required from Collier County. Those operating permits have been transferred into the name of both the CDD and I believe the HOA is also a co-permitee on those operating permits. Now, both the CDD and the HOA have the responsibility for the maintenance of the system itself. Separate and apart from whether there are any deficiencies in the system itself is a separate legal matter that is being dealt with, but we do have a requirement, whether it is the CDD or the HOA, but the community as a whole, both of us combined, have a responsibility to maintain that system. Mr. Bhatla: Have you talked to the County relative to the bonds that they have? Mr. Ward: Yes, that was not a particularly fruitful discussion. The County has basically indicated at this point that they don't want to get in the middle of a discussion between this District and Taylor Morrison as far as they were concerned, and they have basically said they are acceptable to us as the County from a construction perspective. Mr. Winters: A letter was sent to the County showing them the engineering reports that were done and the work that was not done by our law firm, asking the County to weigh in on why these performance bonds were being released. And that was the response that we basically got back was that as far as they are concerned, they met all the requirements. Mr. Shatla: My understanding was about 6 months ago I was informed by Taylor Morrison that they had an engineer engaged who was looking into all the deficiencies pointed out by the County, and they were going to prepare a report which would indicate that everything has been completed. I don't know if that report was ever issued to the County in order to obtain the permit, because everything was on a provisional basis. It seems like that event has occurred. Has anybody seen that report? Mr. Ward: I can te'l you from my office, no, we have not seen it. Wage Flow Way Community Development District September 16, 2021 6 I 1 Ms. Tolin: I don't believe I have seen that report either. I will say though, in the discovery process, in the litigation, we received numerous documents from Taylor Morrison. It is possible it is in that production set, and I have not gotten to it yet. We may have it. In any event, with a 558 notice you can also request documents including any sort of reports,so that is something we can also request and try to get from them if not. Mr. Bhatla: Is arbitration the way to go? Is that the requirement in the contract? Ms. Tolin: The arbitration that we would be participating in for this case was ordered by the judge for us to attend. Mr. Bhatla: It is a boatload of money we are spending which is the responsibility of Taylor Morrison. So, we did have a meeting with the County face tc face and that's how it came out? Ms. Tolin: There was a letter sent from our firm on behalf of the CDD to the County. Basically, as Martinn was explaining, including the Survey, comparing that with the Waldrop Engineering Survey, and the County responded. Mr. Bhatla: I'm not very comfortable that everything has been done, because it's an awesome responsibility for us to assume all the expense because the regulatory agency is in the middle of it. They can't walk away from it. It seems to be that way. Chairperson Stamp: Bureaucrats can always come up with reasons not to do things. Having been one I can tell you that. It's always easy to figure out a reason not to do something. Mr. Bhatla: I kind of feel like we need a meeting with the County face to face and invite also Taylor Morrison if they want to come. It won't be a legal meeting. It will be a technical meeting. We want to understand what their complete decision-making process is because I think the legal avenue is fine, but that is very costly and the results will be achieved in I don't know how long, and I am kind of hoping that we might have a short cut here. At least we need to explore it. We should not take on all the responsibility and the expenditure. True we will have a legal fight, but before that, if we can do something, and we can agree on an escrow with Taylor Morrison and we can have an engineering consultant acceptable to both parties we could do the work on that basis. At least I feel like we need to explore this. It is not very costly to meet with the County and have that discussion, and also have them on record that they have followed proper procedures. There are basically three regulatory agencies involved here, including the Corp. Mr. Kleck: I think if the County already responded to that letter-- Is that what you're telling us Jessica? That they wouldn't change their ideas or their mind? Mr. Winters: Tom Conricode introduced me to the supervisor of the fellow who responded in the letter. Jeff McGenna (ph). I was supposed to have a call with him and his staff before I went out of town and we were never able to hook up, but he indicated a willingness to talk to me about this issue and before he and I could talk, the letter came back from the head of inspections for Collier County telling us basically he was satisfied with the conditions, and it was our problem. I think we could probably circle back with his supervisor and say we would like to appeal that decision and I would be happy to be a part of it, but we have all of these sunshine rules about how much we can't talk to each other before meetings like that occur, which would mean either one of us shows up at 10Iae 16I1. Flow Way Community Development District September 16, 2021 that meeting or ail of us shows up at that meeting,so mechanically, logistically, there is difficulty in setting that meeting up and who is going to be at that meeting and who is going to be the spokesperson. I'd be happy to be a representative to the County, but I think Bart is probably a lot more qualified than I am. If there was a way that more than one of us could meet with the County, i would be happy to do it. I just don't know how you would manage it between meetings. Mr. Ward: It's not possible. Mr. Bhatla: I am not completeiy familiar with the Sunshine Laws, but can we use our engineer to have a conversation between you and me and other Board Members? Mr. Ward: You cannot do that. That is a blatant violation of the Sunshine Law. Mr. Bhatla: How do you protect your interests then if you cannot talk to each other? Chairperson Stamp: You have to do it in an open meeting format like this. Mr. Bhatla: I would like to meet with the County and make sure we have followed all their procedures and we want to go to as high up as we need to go in the county. This is a matter of several million dollars, and we have a responsible party who has the obligation and there is some record of that also. How do we put our heads together on this? Mr. Miller: I'm glad to hear Bart is bringing this up for more discussion. It seems to me there is a possible workaround to meet with the right person in the County if they were willing to help us. We could have a Board Meeting and invite the person in the County we wish to speak with to attend the Board Meeting. With the performance bonds, I have always found this confusing, here is what I think, when standing in the shoes of the insurance company who has issued these bonds, and the insurance company's obligation is to step in and finish completion of uncompleted work by a developer, so if a developer walks away and doesn't complete the project, then the insurance company would be held accountable to do so. If there is work that is uncompleted, the performance bonds would come into play, and we should be filing a claim with the insurance company. On the other hand, if the work has been completed, that doesn't mean it doesn't have deferred maintenance. That's a whole different subject that the project could be technically completed, and the performance bonds could be released, but that still doesn't take off the table the fact that it has been turned over to us with maintenance that has not been done for the last five years, and that should be part of what we are going to have to catch up on, and that's what we would be going after Taylor Morrison for in addition to what we have already gone after them for. Mr. Bhatla: You are right. I was thinking the lakes and littorals were all owned by Taylor Morrison, and they are under a provisional permit. Recently; about a year ago, the County came, and they surveyed every lake and they pointed out the deficiencies. All of those were basically journalized by Taylor Morrison and they had an engineer have everything to be completed and then prepare a report that everything has been completed according to the requirement of the County and that will then serve as a basis for issuing a permit and release of the bond. If that process has not been done and we have assumed the responsibility of what the scheme is then. If the new owner knowingly has assumed the responsibility the regulatory agency will go after the new owner. If the new owner is not willing to do it, they have to go back to Taylor Morrison. I 11 I Fags 16 I 1 Flow Way Community Development District September 16, 2021 don't know if we have assumed the responsibilities of the lakes for the provisional permit, then knowingly we are agreeing to the expense to bring it to a level where it can be permitted. That is the part of the discussion that i think we need to have with the County. Where is the report which says everything has been completed? The report has to be an independent consultant report, not based on their feeling. There is a very defined process, and we would like to see if the process has been followed or not. How we do this under the Sunshine Law i don't know yet, but I think we will figure out a way. Chairperson Stamp: You could certainly talk to the County. There is nothing to prohibit you as a resident. Mr. Bhatla: We want to talk to the County and want to get from them that they have followed the process, where is the completion report, etc. Mr. Winters: Could I get Tom Conricode to introduce Bart to the supervisor at the County? Chairperson Stamp: Yes. Mr. Bhatla: I would like to do that. I would like to understand where they are at. At least we could get the background. I don't have the complete background. I was involved from the HOA, and 1 did talk to Taylor Morrison, and they told me all this, that they have an engineer who is preparing a completion report. And now I understand we already own the lakes and that makes a difference. I think we are also a governmental body. It is not anything that the County can ignore. We have a strong standing there to talk to them on that basis. Chairperson Stamp: I think Mort-inn has given us the way forward, to introduce you and then you can follow up with the County. Mr. Winters: !think Bart will know better what questions tc ask than I would. He has been through this before,so what!propose tc do is have Tom Co-ri:o set up an introduction between that supervisor and Bart. Chairperson Stamp: Anybody but another Board Member can go with you to the meeting. Mr. Messick can go with you. You cannot have two Board Members there. Mr. Messick: Collier County Property Appraiser lists the preserves owner as Flow Way CDD. The tracts for the preserves, internal and external,state the owner is Flow Way CDD, but the lakes all say Esplanade Golf and Country Club of Naples. Is that title for the HOA or for the CDD? Mr. Ward: That's the HOA and the District has easements over top of all of that. Mr. Messick: So, the actual land is not owned oy the CDD, there is just an easement that we are able to maintain that system. Mr. Ward: We own it, operate it, and maintain it. Mr. Miller: Can the Board Member meet with the County and then come back to a Board Meeting and present the discussions he had with the County? 12 I Paga t6I1 Flow Way Community Development District September 16, 2021 Mr. ward: Yes, sir. SEVENTH ORDER OF BUSINESS Old Business I. Agreement with Master Homeowner's Association and District(Continuing Item) II. Discussion of Future Funding of Preserve Mitigation and Maintenance(Continuing Item) Chairperson Stamp: This is on here in case anything has changed, and I don't think anything has changed with these:terns. EIGHTH ORDER OF BUSINESS Audience Comments Audience Comments: Public comment period is for items NOT iisted on the Agenda, comments are limited to three (3) minutes per person, assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the pubic comment period consistent with Section 286.0114, Florida Statutes Chairperson Stamp asked if there were any audience comments. Mr. Ed Staley: I understand the whole idea of the easement and maintenance system and all that, but I was always under the impression that the fee simple ownership of the lakes continued to be with Taylor Morrison. Am I being told that they have fairly recently, the documentation has been filed, so that ownership has indeed been transferred? Mr. Ward: I have no reason to believe what Mr. Messick said would be untrue or wrong, so apparently, they have transferred the underlying title to the HOA at this point, which/was not aware of either. Mr. Staley: Could you read how it is titled again? Mr. Messick: It is titled Esplanade Golf and Country Club of Naples, tract L21,for this particular tract. Mr.Staley: I believe that's the legal entity of Taylor Morrison for the development of this subdivision. Mr. Messick: The next one says Esplanade Golf and County Club of Naples Incorporate, 28100 Bonita Grand Drive Ste 201. Ms. Tolin: There is Tay'cr Morrison Esolanade Naples LLC, I think is the name, and that is one of the developer's entities of Taylor Morrison and one of the defendants in the lawsuit. The Esplanade Golf and Country Club, inc., is the HOA's legal entity. Mr. Miller: I'm not happy about this, but I'm not sun prised, we went through turnover this year, and at turnover time Taylor Morrison would have deeded over to the HOA everything, including this, as part of the turnover process, correct? I'm hearing that the HOA now owns the lakes, and I'm not surprised because Taylor Morrison's required to turn over everything. 13IPae 16l1 Flow Way Community Development District September 16, 2021 Ms. Tolin: is that something that(Indecipherable 59:44). Mr. Messick: The date of sale was December 21, 2020,for all the lake parcels. Mr.Staley. With respect to the trails, i thought the trails were outside of the preserve. So, some portions of the trails are within the preserves? i thought there were a tiny number of trails within the preserves, but they were being redirected or something. Do we still have a reasonable length of trails inside the preserves? Mr. Messick: When I'm talking about tree removal, I'm not talking about internal to the preserves. I thought you were talking about the trail walking path external of the whole community. Our report of the dead and fell trees are going to be just on the outside of the preserves near external sidewalks, ride- ways,pubisc areas, not inside the preserves. Mr. Staley: When you were talking about it, Mr. Kleck followed up talking about the condition of the trails themselves, and I just wanted to make clear that those trc.ls, or the work that you're doing, the trails are not within the preserves. Chairperson Stamp: The asphalt trails belong to the HOA. Mr. Miller: That is my belief, that the asphalt trails are external tc the preserves. Mr. Kleck: That is why Taylor Morrison moved that trail and the bridge, to get them out of the preserves. Mr. Winters: It is my understanding from the last meeting that the performance bonds have been transferred to the HOA. Should we have a discussion about what that means or table that for another meeting. Chairperson Stamp: I know our legal team is talking about it, and we can't illuminate the subject until they are done talking about it. Mr. Winters: Does that mean that we basically owe the money to ourselves? Ms. Tolin: It means that the HOA is currently the principal on the bonds. So, if you were looking to find any sort of notice of default under the bonds, technically as the principal, the HOA is now the party that would have to address the defaults and so it would rot go against Taylor Morrison at this point. Mr. Winters: And the law allows them to do this apparently. Chairperson Stamp: I questioned it at the time, and still question it. Mr. Miller: I don't u iderstand this discussion. I would find it too hard to believe that performance bonds could be transferred to the ownership of the HOA without the permission of the insurance company who issued the bonds. Chairperson Stamp: i agree. I thought this smelled from the beginning, but I know they were talking about it, and Taylor Morrison agreed to continue to pay the premiums on a policy they no longer own. This all- 14I page 16I1 Flow Way Community Development District September 16,2021 Mr. Miller: That doesn't make any sense. The insurance company has to agree to that. You can't just do that. Chairperson Stamp: I agree with you. Mr. Kleck: They don't care where the premiums are being paid from, I bet. Chairperson Stamp: Anyway, we know it's an issue. NINTH ORDER OF BUSINESS Announcement of Next Meeting October 21, 2021, at the Esplanade Golf and Country Club, 9810 Torre Vista Lane, Naples, Florida 34119 Chairperson Stamp: The next meeting will be on campus so to speak, at Esplanade, in the Culinary Center on October 21, 2021, at 1:00 p.m. Just wanted to put people on notice we are changing that location and you might have noticed the Agenda has changed somewhat in format. We have page numbers to refer to documents. If anybody has any further suggestions, please let Jim know. We have added a new item, asking Board Members if they are going to be there on the 215t TENTH ORDER OF BUSINESS Quorum Call Quorum Call for October 21,2021 Mr. Ward took a quorum call and all Supervisors plan to be in attendance at the next meeting, save Mr. Martinn Winters. ELEVENTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 2:15 p.m. On MOTION made by Mr. Tom Kleck, seconded by Mr. Martinn Winters,and with all in favor,the Meeting was adjourned. ATTEST: Flow Way Community Development District QJJIGoL 44, .zGl'G�(c�tq�L e Zack Stamp(Oct 22,2 21 13:12 PDT) es P.Ward,Secretary Zack Stamp,Chairperson 15IPage FW - Minutes 09 16 2021 - To be signed ib 1 i Final Audit Report 2021-10-22 Created: 2021-10-22 By: Cori Dissirer(coridissingerf..P1pwardassociates.com) Status: Signed Transaction ID: CBJCHBCAABAAuO_x1i18QC7czgWrfiNXRnweu2y-VEVZ "FW - Minutes 09 16 2021 - To be signed" History Document created by Cori Dissinger(coridissinger@jpwardassociates.com) 2021-10-22-7:37:22 PM GMT-IP address:35.153.123.180 i :Y Document emailed to Zack Stamp (zackstamp@gmail.com)for signature 2021-10-22-7:38:36 PM GMT `� Email viewed by Zack Stamp (zackstamp@gmail.com) 2021-10-22-7:38:42 PM GMT-IP address:66.102.8.43 c Document e-signed by Zack Stamp (zackstamp@gma?.com) Signature Date:2021-10-22-8:12:00 PM GMT-Time Source:server-1P address:71.208.58.62 Q Agreement completed. 2021-10-22-8:12:00 PM GMT 0 Adobe Sign 16I1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, October 21, 2021, at 1:00 P.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Tom Kleck Assistant Secretary Bart Bhatla Assistant Secretary Absent: Martinn Winters Assistant Secretary Also present were: James P. Ward District Manager James Messick District Engineer Jessica Tolin District Counsel Mike Conner(ph) Audience: Ed Staley Dave Boguslawski All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Public Comments for non-agenda items(Limited to three (3) minutes). Individuals are permitted to speak on items on the agenda during that item and will be announced by the Chairperson. Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted, and all Members of the Board were present, with the exception of Martinn Winters, constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Minutes September 16, 2021, Regular Meeting Minutes 1 I Pape 16I 1 Flow Way Community Development District October 21, 2021 Chairperson Stamp asked if there were any additions or corrections to the Minutes; hearing none, he called for a motion. On MOTION made by Mr. Tom Kleck, seconded by Mr. Bart Bhatla, and with all in favor, the September 16, 2021, Regular Meeting Minutes were approved. THIRD ORDER OF BUSINESS Consideration of Amendment Consideration of the amendment to the Professional Services Auditing Agreement between the District and Grau and Associates,dated September 5,2019 Mr. Jim Ward: We have an agreement with Grau and Associated who handles the audit for this District. We did an agreement for five years with the company beginning with the 2019 Audit. They have requested a fee increase for the remaining term of their contract for 2021, 2022 and 2023. The price is increased basically$1,000 dollars per year,from$4,500 dollars to$5,500 dollars, etc., on down the line. I am seeing these consistently in some of my CDDs this year, obviously due to the workforce problems that many firms are having, including auditing and professional firms. The firm is very good. I would recommend that we accept the amendment to the agreement and authorize the increase in their fee structure. Mr. Ron Miller: Do not take this as me being opposed, but did I hear you say they are under contract? Mr. Ward: Yes, sir. Mr. Miller: If we don't approve the new rate, what happens? Mr. Ward: They won't want to do the audits. Mr. Miller: Yeah, but if they are under contract, don't they have to do the audits? Mr. Ward: Yeah, I don't remember this agreement very well. I'm sure there is a termination provision by either party. I'm looking for it. Mr. Miller: $1,000 dollars isn't a lot of money, but I guess it does rub me a bit wrong that when you have a contract, and somebody just wants to negate it. Mr. Ward: Under normal circumstances Ron I would say I agree with you, let's just terminate and move on, but as I said, not only auditing contracts, but other contracts, I've just seen vendor price changes due to basically workforce problems this year. As I said, their firm is a very good firm and does good work. Even if we re-bid it, I'm sure their fee would go up to the numbers they said. Trying to hold them to their fee is difficult, and we do have a termination provision by the District for any reason on 10 days'notice. They don't get the same provision in the contract, but other than that, that's the only termination provision we have. 2IPage 16I1 Flow Way Community Development District October 21, 2021 On MOTION made by Mr. Tom Kleck, seconded by Mr. Bart Bhatla, and with all in favor, the amendment to the Professionals Services Auditing Agreement was approved. FOURTH ORDER OF BUSINESS Staff Items I. District Attorney—Woods,Weidenmiller, Michetti,& Rudnick a. Updates on Notice 558 b. Update on Litigation experts and upcoming depositions c. Arbitration Hearing-January 18,2022,at 9:30 a.m. d. Proposed meeting to discuss lakes with County representative Ms. Jessica Tolin: So, with respect to the 558 Notice, their deadline to respond, meaning Taylor Morrison's, is November 1, 2021. We still have not received any formal response to the 558 Notice. All that really means is that we kind of checked that box as a prerequisite if we wanted to move forward with claims related to the lake construction, and so we will plan to amend the complaint accordingly, assuming that there is no response received by then. If there is, then we will circulate it and go from there. Ms. Tolin: With the next item, litigation experts and upcoming depositions, just so you are all aware, they have requested the deposition of the corporate representative of the CDD. Zack is going to be the corporate representative. That deposition is going to be November 15. They have also requested the CDDs Engineer's deposition which, that's James Messick. His deposition will be the next day, November 16. Then they've also requested to take Jim's deposition which will be the first week of December. We also have Tim Hall's continued second day of his deposition that will be November 3. That is going forward as well. With respect to experts, as you all know Tom Conrico (ph)is currently an expert working for the CDD. We are also looking into an environmental engineering expert as well and still waiting to obtain some information on that. Ms. Tolin: The next item, arbitration hearing, that's just so everyone is aware that's up and coming. That will be January. The last item I'll direct over to(indecipherable). Mr. Stamp: But before you do that, what kind of update can you give us on the HOA and them joining the lawsuit or on timing? Ms. Tolin: They are still, as far as I know, trying to get a date for their hearing on their motion that's currently pending which would have them assert cross claims against Taylor Morrison and once that's set, we will let you know. They are also looking into some of the 558 issues. We haven't seen their 558 letter go out yet, but I understand it's underway. Mr. Kleck: Would you explain the 558 issues? Ms. Tolin: 558 is the Chapter of the Florida Statute that pertains to construction defects. We had sent one out with respect to the lakes and the construction that was done with respect to particularly Lake 11 based on some of the surveys. So, they have that, as well as the report Calvin Giordano did related to the fence and other items. 3IPage 1 6 I 1 Flow Way Community Development District October 21, 2021 Mr. Stamp: You sent the letter and they have so many days to either correct the defect, or deny the defect? Ms. Tolin: Correct. Once they get the notice, they have 30 days to conduct an inspection if they would like to do that. They have 45 days from the notice to provide a response. If no response is received, we can then proceed with bringing claims related to the construction defects in the litigation. It's really a prerequisite that has to happen before you move forward with that. Mr. Kleck: And how many days have we been on the clock? Ms. Tolin: Their deadline will be November 1. After that we can move forward. Chairperson Stamp: Bart, you want to talk about the meeting with the County? Mr. Bart Bhatla: We had requested copies of the (indecipherable). We essentially requested the probation which was (indecipherable)through the handover. Their position was that Taylor Morrison complied with all the (indecipherable) that they had pointed out by the end of the year. They did not give us any documents. They said the documents were on site. They(indecipherable), so 1 asked Torn if he could go on the site and review the documents. We are aware that (Indecipherable) or could be prepared for Taylor Morrison by Waldrop. They did not give us any indication of there being(indecipherable). Discussion ensued regarding the meeting with the County, much of the conversation was (indecipherable). Mr. Bhatla: They also (indecipherable) related to (indecipherable), and they found that Taylor Morrison complied, so they basically released the bond. So, actually we left there (indecipherable) the document, then compare the deficiencies whether they were addressed by the county or not. Number two we talked about the blockage of the pipes because that would be operationally cheap, and County said that they did not pay any attention to it, but they said that if there (indecipherable) it would be a violation of the code, and the procedure is that we would have to approach the County and plead essentially that there are blockages and they would do an investigation and then issue a report. And of course, the report would go to the owner of the facility who was affected by this. It means that we have to go back to Taylor Morrison; however, the important issue here is, if we want a document to present to Taylor Morrison, that they are in violation of the code, then I think we will have to go to the County. There is a procedure that basically(indecipherable). That was essentially the conclusion. Mr. Kleck: Is the County's report of the deficiencies that they found when they inspected? Are there documents that we are asking for? Mr. Bhatla: As I understand, and this is previous information through the HOA that I was involved in, the County inspector had inspected and pointed out the deficiencies to the builder. The County did not have a document. They indicated to me that that was being prepared by their (indecipherable). So, we need that report, and it is kind of up in the air if there is a report or not. The County doesn't find it. (Indecipherable) the impression I had was it was going to be 4IPage 16I1 Flow Way Community Development District October 21, 2021 (indecipherable). But the County just said(indecipherable)etc. etc.. I think we have to look for the documents. Chairperson Stamp: These items, most of them, will have been repaired, particularly the pikes and the blockage. What recourse does the County have if they all of a sudden say gee, you're right, they didn't. They can't take back the bond if they released them. Mr. Bhatla: The County's position is that they examine, and they send to us about any code violation, and they did not—it just got away from them—they did not look into it any further. We said to them if we present you with evidence what would be the outcome. They said we would have to go through the process and if it's a code violation; however(indecipherable), if it was so it would be a code violation. And then the owner, in this case is us, we would have to rectify it, but if we want that evidence to be presented then(indecipherable). Chairperson Stamp: We would just have to add it to our list of what we are suing them over for damages. The County was not going to do anything. Mr. Bhatla: No, the County is not going to do anything. In fact(indecipherable). Chairperson Stamp: Okay, so you're going to gather the documents and then we will talk about this again. Mr. Bhatla: Yes, I've asked Tom to pull the documents together, what the County has approved, what(indecipherable). Mr. Ron Miller: Without asking for any of the details, has anyone made contact with the Corps of Engineers yet? Are they in the picture? Ms. Tolin: We had sent at least two, and possibly even three, letters trying to followup with the Corps at various times and just have not received any response from them one way or the other. I'm not sure about if anyone else has followed up separately, outside of our office as of this time, but we have not gotten a response. Chairperson Stamp: It's the whole desire that once the HOA joins the lawsuit, we can use that as an impetus to go back to them and say, okay, things have changes from the last time we contacted you and put it in front of them again. In a little bit we are going to be talking about some budgetary items that might get their attention too. We will revisit that. II. District Engineer-Calvin,Giordano&Associates a. Preserve Tree Removal Process b. Stormwater System Repairs (i) Broad Crested Weir (ii) Sediment and Debris Removal (iii) Update to correspond to report Mr.James Messick: (audio dropped for 30 seconds). --pages 1 and 2 in the strategic operational plan,for item number 1, the preserve tree removal, I have Michael Conner from our office who 5IPage 16I1 Flow Way Community Development District October 21, 2021 did the initial inspection and prepared a draft report which I have attached in the appendix of my report. He asked Mr. Conner to review the draft report. Mr. Michael Conner: In preparation for this meeting, I have prepared a draft report which is included in your agenda packet. At the beginning of last month, I visited the site and started to examine and analyze the dead or hazardous types of trees that are around the perimeter of the preserve areas that could pose a hazard if they were to fall during a storm event or for natural reasons. What you see is identified. I inspected approximately 128 trees, and there is a map we are developing which kind of shows where those trees are located. The report describes that as well. I prioritized the risk factor if you will for each of the locations, with one start being lowest risk, primarily pedestrian nature trail where it is just the occasional person going by. A 2-star rating would be something more along the back of a house, back of a screened enclosure, close to the pickle ball courts, the public sidewalk, sidewalks within the communities, that sort of thing. A 3 star would be the highest risk and those were trees located along the golfcart path and the public sidewalk out along Immokalee. There are a few trees out there which could fall over that sidewalk as well. If you look at grouping the 2-and 3-star, highest risk trees, it comes out to approximately 30 trees, and the remaining 98 trees which were primarily around the nature trail and pedestrian trail around the project. The map kind of indicates the highest concentration of those 1-star trees are in the northeast/north section of the pedestrian trail which goes around the development and then it's more sporadic as you go around to the northwest and the west side. The next steps would be to determine what action the Board wants to take. If you want to designate, or recommend some funds to be expended, roughly about$32,000 for all of them at once, or you could phase it and the logical first phase would be to do the 2 and 3 star rated risk level, or it could be somewhere in between. Once that's determined, we will finalize the report, we will make that a better-quality map, we will that to the South Florida Water Management District Staff for them to review and approve, and we will get prices from three local contractors that can go in and cut the trees down. Most of them would stay in place if they fell and were staged in the preserve areas. When they cut them, if they fall outside the preserve area into a maintained landscape area, of course, we would cut up the trunks and pull them out of there. We have an estimated price per tree based on previous work we have done in similar situations in developments, so that could obviously depend on the actual bid. It could be more, it could be less, but we think this is a pretty conservative number of the per tree price that we can work with. Chairperson Stamp asked if there were any questions;there were none. Mr. Messick: We should move forward with the highest rated trees? Chairperson Stamp: We are going to talk about the Budget in a little bit. We may ask you to divide and prioritize the trees further. Some of those trees may be standing for— Mr. Messick: I wanted to make sure we have some direction. Chairperson Stamp: That's the direction we will want to take; take care of the immediate dangers, but some of those we may leave standing. Mr. Messick: The second item two major improvements for our stormwater management system. As I mentioned in the last Board Meeting, we have taken the report that had 6IPage � 6I1 Flow Way Community Development District October 21, 2021 recommendations for improvements and immediate actions we identified as phase 1 were the broad crested weir and phase 2 sediment debris removal. We are currently constructing the broad crested weir. I visited the site this morning. Unfortunately, we got there (indecipherable) but they should really finish this week. Tomorrow(indecipherable). I have noted a percentage of completion. They are following the schedule that (indecipherable). Phase 2 is at the very tail end. They've identified the drainage structures that they've cleaned, including the outfalls and pipes. They still have four structures left to clean and they told me by the 29th, next Friday they will have a report and invoice for(indecipherable). Chairperson Stamp: We are leaving the ones that are 25%or less alone for right now. Mr. Messick: Correct. The last item is the operational plan. We kind of explained the process for the District and that's to provide a safe and useful (indecipherable) and it is a continuous process over time. Although I think the structure will deteriorate, (indecipherable). An example is just the phase 1 weir project. Planning a long-term strategy for infrastructure operations and maintenance cost is the first step. We prepared a (indecipherable) which will start this process for the Flow Way CDD. The work will include preparations of CDD maps, the viewing documentation share point file, (indecipherable), CDD asset inventory (indecipherable) and preparation of a CDD budget report. This shall be completed by what Engineering and Construction (indecipherable). Much of Mr. Messick's statement was(indecipherable). Chairperson Stamp: We are going to come back to that topic shortly. It is a little bit more detailed. If anybody has any questions or comments now, we will take them. There were no questions or comments. Ill. District Manager—JPWard&Associates, LLC a. Discussion of Future Operating Plans (Consideration of CGA Proposal) b. Financial Statements for period ending September 30,2021(unaudited) c. Financial Statements for period ending August 31,2021(unaudited) Mr. Ward: What I would like to do with the Board, to help you better understand and help the residents better understand where we are, our fiscal years are from October 1 through September 30 of the next year. We just started what we call fiscal year 2022. That will run through September 30 of next year. The year that we just ended, we had a net loss in our operations of roughly$20,000 dollars. That was a contemplated net loss that we anticipated primarily due to the litigation we are in. We used a significant portion of our cash to anticipate the expenses coming as a result of litigation, and specifically to ensure that we did not raise our assessments in 2021. Going into 2022, the year we are currently in, we anticipate that we will reduce our cash reserve that now stands at $345,000 dollars approximately. That will get reduced down to $190,000 dollars going into September of next year. That is due to understanding what our litigation costs will or are anticipated to be for the current year. That entails some amount of money, roughly $200,000 dollars that we have in our current year budget for operations. The existing operations of the CDD were anticipated to be the items that the homeowner's association is currently maintaining, our stormwater management system, the reuse system within the community and the entranceway buffer landscaping. At this point in time, already where we are in 2022, we have committed approximately$95,000 dollars of that$200,000 dollars for unplanned work that we did not know about when we prepared the original 2022 budget. That is the cleaning 7IPage 1611 Flow Way Community Development District October 21, 2021 of the storm water pipes that Mr. Messick just mentioned to you, and the repair to the weir structure for this community. We also know that the homeowner's association has some desire for the District to take on the operations of its storm water system and the other two assets we will be in discussion with them about. So, going into 2022, knowing that we have already spent$95,000 dollars, knowing that we are going to have some amount of expenditures for operations, 2023 is going to be a very difficult year. One of the things I want to point out, the operating budget that we have in place for our operations was done 2 years plus ago, and it was information provided to me by the homeowner's association at the time, which was obviously Taylor Morrison. I think what we are all learning, both the existing homeowner's association and the CDD, is that information, that financial information, needs a lot of help at this moment in time. It just is not right. So, a significant part of what we need to do going into this coming year, is to take a look at all of our District's assets, the proposal that Jimmy just mentioned. We need to know what we own, how many lakes we have, where all of these pipes are, all of this landscaping; we need to create a real-life budget for all of these assets. That's what this proposal is going to do, and we need to value these assets, so we understand what our program is going to be going into 2023. The hard part, and this is where the rubber hits the road, although our budget starts October of next year, we have to back up to probably February or March to start the preparation of this budget. By law, I am required to submit a budget to you by June 15th of next year. In order to do that I need to prepare a budget at least 3 months in advance of that date. You are required to approve it no later than essentially August 31, under the law. In reality, those dates are too late in the game because we must certify our tax rolls by that date and it takes a month to get that done, plus it takes a couple of months to get through this process. The plan, what I'm suggesting to you is that we plan now by authorizing Calvin Giordano to do the work that is needing to be done for 2023 in terms of these assets. So, we will have a better understanding of our budget by March or April of next year. That will tell us how much the assessments are going to go up in 2023. Realize that they will have to go up in 2023 because we are using existing cash in order to fund the existing operation. Our cash balance will drop to a point that we will have no more available cash to use going into 2023 which then automatically drops your budget at least$150,000 dollars for the 2023 fiscal year. That's basically where we are going into 2023 and the timelines in order to do all of this project, and the problems that I think we are seeing now in terms of preparing our budget, understanding what we have in terms of the operating requirements for the assets we own, and be able to come up with a plan necessary to understand that. It is going to be difficult going into 2023 and 2024 knowing what we are doing because it clearly is changing on a regular basis, but this will be a good start for us going into 2023. Mr. Bhatla: Who is in charge of the spreadsheet?Itemizing all these items. Mr. Ward: That would be my office and the professional team, but primarily me. Mr. Bhatla:(Indecipherable). Mr. Ward: No, because in order to do what I need to do, I need the engineer's information in order to prepare the budget, and to do his work is 2 to 3 months, probably 2 months' worth of work in order to get me a document in sufficient form, so I can do your budget for 2023. So, we are basically November 1, end of January I will get something, a month for me to get it out the door and start your process in March at the latest. Mr. Bhatla:(Indecipherable). 8IPage 1bI1 Flow Way Community Development District October 21, 202 Mr. Ward: Him. Only him. Chairperson Stamp: Talk to Jim because he's got the past years'budgets and comparisons and can give you a historical look at what we've done. Mr. Miller: I think I get the big picture Jim has presented to us, and I think we should give him our full support and do what he asks. But a couple of details, we are going to have to do the statutory requirement of informing the residents about an increase in the levy rate, so that needs to be thrown into the hopper. Having said that, I would like to kick around the thought of, even though we wouldn't need to use it all, increasing the sufficient amount that we wouldn't be going back year after year with the same requirement, and every time you do it should probably alarm at least a handful of residents who are going to be asking a lot of questions. Is there a way we can maybe do enough of this at one time so we wouldn't have to repeat the process for a few years? Is that possible? Mr. Ward: Yes, sir, that is exactly the plan. Mr. Miller: Paying for the maintenance of the preserves—should that be in the budget, should we pay for it? Should we advise Taylor Morrison and the Corps of Engineers that we are not paying for it? Should we put it in the budget and raise the cash just in case but not spend the money? I guess I would add to those comments to kick around, when we are talking about the preserve budget, there is in the Corps documents a requirement for mitigation up to a certain point, the 4% or whatever, and once you've reached that level, in order to obtain that approval and sign off by the Corps in South Florida, they have to be maintained 3 consecutive years. The last time we talked about this, I think there was at least part of this that had to be started over because it failed in one of those years and we were starting that process anew. When we get to thinking about whether we are going to pay for the preserves and then go after Taylor Morrison for some more money, or just say no we are not going to do it and let the chips fall where they may. We certainly can go after Taylor Morrison. We might not be successful, but we can go after them if the 3-year test fails and has to start over. If we allow or cause the 3-year period to happen, are we shooting ourselves in the foot in that regard, or if we fail the 3-year test? If we don't maintain the preserves in the year 2022, and somebody comes in and says we don't like it, you failed, so you start over in 2023 and so you go out and spend some money and start over again. Is it really a money issue in that respect? Or is it simply 3 more years that we don't care about? I just want to get these thoughts on the table because we are talking maybe a quarter of a million dollars on the preserves every year, and Martinn is not on the phone, but we kind of think alike, and we don't want to pay for it. That's where my big picture thought is. Chairperson Stamp: Let me summarize this a little bit, some things we've got to think about, and this is going to require a lot more discussion Ron. The lawsuit is very unlikely to be approved in time to be incorporated into the 2023 budget. We are just not going to know. So, we have zero dollars coming in on that. That's going to be nothing but a mouthful of cash, so that's one. Two, the maintenance of the preserves, as you mentioned Ron, we have to seriously step back and look at two ways: one, do we want to fund them at all, or do we want to say we are going to put $100,000 in? We are not going to put$250,000 dollars in, and what does that do to the Corps, or what does that do to Taylor Morrison if anything? I think that's just a discussion we are going to have to have. We have asked counsel before to weigh in on it. I won't ask them to do it today, but 9IPage 1611 Flow Way Community Development District October 21, 2021 probably at the next meeting, what they think the ramifications of not funding the preserves, or funding the preserves at a lower level, but that's something that is going to have to be seriously put on the agenda. The canceling of the HOA contract, which we are going to do in a little bit here, as Jim indicated, it's not known out there because nobody trusts Taylor Morrison's numbers. We don't know what we don't know about what's going to break next or what we didn't anticipate. That's going to be an unknown cost which hopefully will clear up over time. The next item is fencing of the preserves. The permits say we have to fence it, but does fencing mean fence laying on the ground, do we need a couple gates up, what's that mean? That's$180,000 dollars. It may get deferred for a long time, forever. Banks, lakes and littoral, pipes, that's another issue which goes back to Jim's plan and the overall what we still don't know is out there. I just wanted to communicate that the next budget is going to be a mess and is going to require some pretty hard decisions by this Board, and we are going to have to make them fairly soon. Mr. Miller: Zack, I think you and I are saying the same thing in different ways. Chairperson Stamp: In my mind we have basically three things, one, we have to protect the residents from falling trees and flooding lakes and those kinds of things, we have to protect infrastructure and we've got to do it in a way that's affordable. Not cheap, but affordable. Those would be the three things I'm going to be looking at as we move forward. Again, Ron, I think we've kind of been on opposite sides in the past about funding the preserves or not funding it, in nuanced ways, but I think(indecipherable). What are you going to do about it? But at some point, we are going to have to cross that bridge. We may say we are going to fund it fully and raise the rate. That's not out of the realm of possibility. It's certainly an option. Jim and I have been talking about this for a couple of months. Mr. Kleck: When do we have to have these discussions? We need to have them sooner than later. Chairperson Stamp: Jim has to present a budget to us by June 15 and I think it would be handy for him to know a couple of months in advance what we are planning on doing. But he has got to wait on the Engineering Report to— Mr. Ward: My plan was to actually start your budget process in May of next year, but in order for me to get to that date, I need Jimmy's work which is 60 days and 30 days, so (indecipherable) but May is the drop-dead date. I have to start this process. Once you approve this budget, we have a public hearing to get to in 60 days after that, but the key to that public hearing is we have to mail notice to all residents this year on what the assessment rate is going to be for next year. That's 60 days' worth of work to get that out the door and to residents, set up a location that will house a big enough space to hold the residents and hold a public hearing to do that. It might seem like a long time, but it's a tight schedule from right now. Chairperson Stamp: We might be having these conversations in February or March to help you get ready to do it in May. Mr. Ward: Right. Mr. Bhatla:(Indecipherable). 10 I Page 16I1 Flow Way Community Development District October 21, 2021 Mr. Ward: The items of uncertainty which we have which are the subject of the CGA Report, there is no way for me to actually figure out what the number really is. Everything I have in the existing budget, other than the operations, that's easy. I can do that tomorrow, but in order to get the real number, which is the big part of your budget, which is the assets, we have to go through this process to get him to prepare this report. Then I can prepare the rest of it in relatively quick order for you. Chairperson Stamp: We know what the administrative costs are going to be, we know what the Board costs are going to be, or within a few dollars, so it's the unknowns out there— Mr. Kleck: Do you not have a history of the maintenance schedules since Taylor Morrison took over this neighborhood? Mr. Ward: No. I have no clue. The HOA was never required under the existing agreement and to this day, the HOA is not required to supply us with financial information on what they are spending on our component parts. I would seriously doubt they even keep that level of a number. The bigger issue is, I'm not confident in those numbers. I don't think anybody is confident in those numbers. I hear from the HOA they are not confident in those numbers. I can clearly tell you I'm not confident in numbers that were prepared 2 years ago, not by me, but by the prior HOA people. I would be much happier if we had a correct report to deal with a long term look at what we need for our operations. Not going back to this well every single year. We need this level of information. Chairperson Stamp: Keep in mind, even if we had perfect number, if we had totals, Taylor Morrison didn't ever do any maintenance. We know what they've spent on fencing for the past 6 years is probably zero. We know what they've spent on cleaning the pipes is probably zero. Mr. Ward: A good point is these $95,000 dollars we just spent cleaning out drainage structures. That's a yearly ongoing program which should be done in a community of this size. It's just normal maintenance. It just wasn't done. So, even if I had them, I wouldn't trust them. Mr. Bhatla:(Indecipherable). I'd like to be involved in that to see what's going on. Mr. Messick: We will have inspectors and construction department members come out, walk the assets, document the assets, provide an assessment of the assets, and then that will give us a base for quantity(indecipherable). Mr. Bhatla:(Indecipherable). Mr. Messick: We are starting from ground zero. Chairperson Stamp: In a minute, we will authorize him to do that. Mr. Messick: Each month I will include in my report on what I'm doing, an update. Mr. Ward: The only thing I need from you is a motion to approve the agreement with Calvin Giordano&Associates as Mr. Messick had identified for you. 11 I Page 16I1 Flow Way Community Development District October 21,2021 On MOTION made by Mr. Tom Kleck, seconded by Mr. Bart Bhatla, and with all in favor, the Agreement with Calvin Giordano & Associates was approved. FIFTH ORDER OF BUSINESS Old Business I. Agreement with Master Homeowner's Association and District Chairperson Stamp: Dave Boguslawski and I have had discussions. I think it is our agreement that the CDD will terminate that contract given the required 30 days'notice and that should give about 75 days' notice. We will terminate it effective December 31, and so there is some certainty we can start moving on our side, the CDD's side, to assume the functions. I would say, because we are a government entity subject to Florida ethics and bidding laws and requirements, we can't simply go ahead and assume their contracts. We may be able to do that, but there are going to be some hoops we have to jump through since we are a public body, so this 75 plus number, between now and December 31, that gives Jim the time to do that, to give the HOA some certainty. I would take a motion to terminate that contract. Mr. Kleck: The list of things that we are going to take over for the HOA, do we already have this? Mr. Ward: I have a general idea. I know the assets we need to take over. Clearly, we know that. The question will be what's the scope of services, how much is this going to cost, things like that. We are going to use the existing vendor contracts as a base with which to start with, and we will either use those existing contracts or enter into new contracts once we figure out what the real scope is over the next 60 days. Mr. Kleck: Will the CDD be reimbursed by the HOA for these? Mr. Ward: No, there is no intent for the CDD to be reimbursed. Mr. Kleck: Does the HOA have a fund? Mr. Ward: I think the HOA is— Mr. Miller: You mean there is no intention of the CDD to reimburse the HOA? Mr. Boguslawski: We had agreed a year ago that you were going to budget for it, we were not. For it being the cancellation of the services. So, we have nothing in our budget. I will also connect it with what Jim said earlier, which is we all have a clean slate of paper that we've got to figure out what's on it. Whether it's still right or not, because we inherited it from Taylor Morrison. Whatever they did in fact. And the records of transfer weren't clean. Boxes of paper documents, we went and picked them up, 15 or 20 boxes, and we've been having trouble, and now that Troon are managing the place they've done a good job of organizing and recategorizing them. I think the approach is in the suggesting let's start with what the property is and let's start with what the requirements are that we must do, and let's work with the appropriate people to help us with that, and then figure out if we have options and let's identify what the options are and proceed. I tell you the consideration that we had was at one point Jim was saying maybe we should just take all the services and, you 12IPage 16I1 Flow Way Community Development District October 21, 2021 know, we take some, you take some. Tearing anything apart is hard and it's often better to say let's cancel the agreement, let's start anew, there's a bunch of (indecipherable). Those are the ones we've got to zoom in on. There are also going to be some parts that are not regulatory requirements, but they are putting plants in the right places so it's pretty. Okay? I think we will work towards another agreement at some point. The appropriate time to figure out what we've got to maintain collectively, get it going, and then before your next budget process and our next budget process, let's work towards a new agreement that's logical and complete. But right now, I am 100% with what Jim said earlier. We have sort of inherited a pretty messy, unclear, set of history, that we have got to sort out and get right first. Mr. Kleck: With that being said David, we all(indecipherable), we knew we were going to pay fees and that number we assumed it was set up to pay for all of the overhead of the corporation and I was wondering if any of that money that you as the HOA take in, in the form of fees, should any of that be included in what we are talking about here? Mr. Boguslawski: None. I told you, we budgeted nothing this year. Chairperson Stamp:(Indecipherable). Mr. Boguslawski: To be clear, there probably was some historic spending that Taylor Morrison did, or authorized to do, on the property that was related to this maintenance agreement that they put in place, but the agreement we had between us going back a ways was you would take it over. For good reason, more legal reasons than anything else, we didn't cancel it, you didn't cancel it, we are now beyond that. But we have nothing in our budget right now. Are we spending some money on some of the services? Yes, but I couldn't recite what exactly they are. We are spending money, but it is unbudgeted money,so we are probably going to take that into consideration. Mr. Miller: Zack, did I hear you say that you and David Boguslawski have discussed this offline? And the two of you think it is best to terminate the contract on December 31? Chairperson Stamp: Yes. The reason is that it gives us, the CDD, time to assume those contracts or replace those contracts. If it was just a simple handoff, one day they work for the HOA and the next day they work for the CDD, we wouldn't need to. Mr. Boguslawski: And the other reason, Ron, is we are interested in knowing, is we are in the middle of a budget process right now and we will be presenting that November 3. We will have budget workshops for all the members, and we need to know whether to put anything in the budget for this or not. If you guys cancel, we won't, but if you don't cancel, we have to. Mr. Miller: I've never been opposed to canceling the agreement and for the CDD to assume responsibility for paying for the maintenance of these things. It's never been a money issue to me because we are all one happy family. It's going to come out of the same people's pockets. I have heretofore been very hesitant on canceling the agreement because of potential legal reasons where the HOA might be in a better position than the CDD to pursue Taylor Morrison for any deficiencies because Taylor Morrison should have been doing that under the agreement. If those things are no longer a concern, the agreement itself is not terribly important to me as to the cancellation date and the CDD taking over its responsibilities. I think I have heard discussions in the past about at least one piece of what the CDD is responsible for. I think it's the landscaping exterior to the gate. I thought I 13 I P a g e 16I1 Flow Way Community Development District October 21, 2021 heard some people say it might be better left with the HOA forever, and that gets back to the big picture of the same people are going to pay for it. Those are my big picture thoughts. I don't have any hesitancy on the agreement per se. Chairperson Stamp: We have discussed the legal issues, with counsel for the CDD and the HOA, David and I. I think the feeling at this point is whatever damage was done to the HOA has been done to the HOA, and so they have a cause of action, and now they are simply mitigating that. That was a concern early on, something that was unknown. It may be still as an unknown, but we think we are getting to where we know what we are doing. We didn't ignore that as a consideration. Mr. Kleck: A question for our District Attorney, do courts that are ruling against builders favor homeowners or CDDs? Ms. Tolin: There is really no favoring one side or the other. I would say it depends on the facts of the case. I know that's a very lawyer answer, but it just depends on the facts of the case and the claims being presented. Mr. Bhatla:(Indecipherable). Mr. Boguslawski: We have a budget we have to prepare for next year, and I'm looking to (indecipherable). If we don't cancel it, we will plug a bunch of money in the HOA budget (indecipherable). You guys are already going to have it in your budget too. It's always helpful to do more research. What we have done is,Jim has asked me for a name. I responded this morning. We are going to try to get a couple of people together from both sides and figure it out. I think the right thing to do long term is, anything with a regulatory overlay requirement belongs with the CDD. I think it's safer for all of us, and there are some optional things that you all don't have to do, that we could do, but it is going to take us a while to sort through that. Mr. Bhatla: So, at least(indecipherable). Mr.Stamp:I think we have an idea. Mr. Ward: Bart, I am fully in agreement with the homeowner's association's idea to terminate this agreement now. This will help the District in identifying some of the items out there that we can actually go just get them done and do them. We know it's a water management system. There are lakes, littoral shelves, pipework. From my perspective, and I know Jimmy's perspective, this is easy for us. We can go out there, we can identify what we need to do, we have scopes that we know we are going to use for all of this. So, now it's just a matter of us getting the vendors to do all of this work and getting them on board to do it. The landscaping out front, same thing. That's not rocket science. We know where it is. We know how to get it done. The limits may be 2 feet this way, 2 feet that way, who cares? It's something we know how to do. And same for the reuse system in the community. You have to give us 60 days to get this done and we will know the scopes and some preliminary pricing that we will be able to move forward with, with a long-term plan of doing a better evaluation. We will have that on a more long-term basis, but this actually helps the District to get this process started now versus trying to put some plans in place and scopes in place that I think are just going to change over time anyway. Mr. Bhatla: What is being stopped if we don't cancel it today? 14IPage 1 6 I 1 Flow Way Community Development District October 21, 2021 Chairperson Stamp: The HOA is going to continue to have responsibility for these maintenance agreements. They are not ours;they are theirs. Mr. Ward: I've been a proponent of this for more than a year now, but this District, we know as a matter of fact that these assets are not being maintained correctly, simply because of what happened with the storm water pipe system and the weir structure itself. To continue to let that problem move on over the next 3 months, 6 months, whatever, is probably not the right thing to do. The HOA has enough on it's plate dealing with all of the bigger issues that this District ought to be responsible for the operation of its assets. We own the system, and just because we have an agreement with them that was entered into by predecessor HOA, that should not be material. I think we need to take this responsibility on, more now than later. Yeah, we have some unknowns, but they are not huge unknowns. We will work through them over the next few months, next year, whatever it needs to be, but we should move this process forward at this point. Mr. Bhatla:(Indecipherable). Chairperson Stamp: (Indecipherable). As Jim indicated, when Taylor Morrison controlled both entities, the CDD and the HOA, it really didn't matter to them how they did it. So, the bookkeeping or whatever, they shifted everything to the HOA. They had the HOA managing, but when Taylor Morrison had control, they were responsible for doing all of that, and I think we paid them in theory $10 per year to do that. Now, it's come to the time where it is not all Taylor Morrison controlled and we are going to separate them now to what their functions should have been all along by canceling that maintenance contract for the landscaping, water management, the reuse system, and taking that into control. We've discussed it several times during the (indecipherable), but you would not have benefited from that. We could sit down and put together a document, but it would be another 30 days, unless we called a special meeting, which takes 15 days'notice. It's not as simple as putting together a 2-page memorandum. I wish it was, but it's not. That's where we are at. We may want to, at the end of the day say, okay, the HOA takes this back, like the front gate. But let's cancel this, and then we can come back with another agreement, or at least that's my feeling. Mr. Ward: I agree with you. Chairperson Stamp: And you can sit down with us after the meeting to talk— Mr. Ward: Let me be clear, you can sit down with us (staff), you can't sit down with them (Board Members). Mr. Boguslawski:(Indecipherable). Mr. Ward: I think we are all in the same boat that you are. It's a learning curve. Chairperson Stamp called for a motion. A motion was discussed; no motion was made. (Indecipherable). Mr. Ward: We are going to do our best to get that done. I am going to push for it very hard. Mr. Kleck:(Indecipherable). 15IPage 1611 "" Flow Way Community Development District October 21, 2021 Mr. Ward: I am confident we can get it by January 1st. I was not sure we could it done sooner. I would like to get it done sooner than that, but we are going to have two major holidays soon. We have clearly,Jimmy's firm, and I, know vendors who can do all of this work. We just need to get with the HOA, understand where all of this stuff is located, and transition it. We will be able to do it. The drainage system, landscaping, an entranceway and a reuse system. I'm not going to tell you we are making mountains here. This is a really small hill. We can fix this problem quickly. Mr. Miller: My reticence for the last year, which maybe put me in a minority, I was concerned about us, as a community, having the strongest position against Taylor Morrison. I think I heard Zack say, maybe in context with Dave Boguslawski saying that the lawyers have now looked at this and the lawyers don't think that cancellation in the end of December would weaken our position. If I have got that correct— Ms. Tolin: That is correct. Mr. Miller: Then I'm okay with the Board today giving Jim the go ahead to do the cancellation sending a letter to the HOA canceling effective December 31. Mr. Ward: Is that your motion? Mr. Miller: Yes. Mr. Bhatla asked if the Board could have an update in a month. Mr. Ward: Of course. Chairperson Stamp: Of course, we have a meeting in a month. Feel free to pick up the phone and call Mr. Ward and ask him questions. Just don't call us because of the Sunshine law. On MOTION made by Mr. Ron Miller, seconded by Mr.Tom Kleck, and with all in favor, authorizing Mr. Ward to send a letter to the HOA canceling the Agreement effective December 31. II. Future Funding of Preserve Mitigation and Maintenance Chairperson Stamp: I don't think this needs to be discussed. If anyone wants to revisit this, we can. SIXTH ORDER OF BUSINESS Audience Comments Audience Comments: Public comment period is for items NOT listed on the Agenda, comments are limited to three (3) minutes per person, assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes Mr. Boguslawski: anything we can do to help you with communicating about that work to residents before it starts,just let us know. 16IPage i6I1 Flow Way Community Development District October 21,2021 SEVENTH ORDER OF BUSINESS Announcement of Next Meeting Quorum Call for November 18,2021 Chairperson Stamp: The next meeting will be November 18, back in this room. Do you have anything else Jim? Mr. Ward: For quorum purposes— It was determined at least four Board Members would be present in person at the next meeting. EIGHTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 2:40 p.m. On MOTION made by Mr. Tom Kleck, seconded by Mr. Bart Bhatla, and with all in favor,the Meeting was adjourned. ATTEST: Flow Wa * '' : . . ent District ////1/217,, +111111r- .L[ amen P.Ward,Secretary Zack Stamp,OM n 171Page ,� 161 1 NapLri4Ianu i PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWA RD&ASSOC LLC 2301 NE 37TH ST FT LAUDERDALE, FL 33308-6242 FL NOTICE OF ANNUAL MEETINGS OW WAY COMMUNITY DEVELOPMENT DISTRICT FiscalThe upervi- so s of the eFlow ZWayy Community ngDe Developms of the ent Di of strict are Affidavit of Publication scheduled for the third Thursday of each month at 1:00 P.M., at STATE OF WISCONSIN the Esplanade Golf and Country Club,8910 Torre Vista Lane, Na- COUNTY OF BROWN pies,Florida 34119 on the following dates: October 21,2021 November 18,2021 Before the undersigned they serve as the authority, December 16,2021 January 20,2022 February 17,2022 March 17,2022 personally appeared said legal clerk who on oath says that June April 16,2022 July 21,,2022 he/she serves as Legal Clerk of the Naples Daily News, a August 18,2022 September 15,2022 daily newspaper published at Naples, in Collier County, The meetings are open to the public and will he conducted in Florida; distributed in Collier and Lee counties of Florida; accordance with the provisions of Florida Law for Community A cothat the attached copy of the advertising was published in may DeveIbement obtainnedricts.from theyooffficeeofgtheaDfor trctc Managerr,, fiant further says that the JPWard &Associates LLC, 2301 NE 37th Street, Fort Lauderdale, said newspaper on dates listed. Af Said Naples Daily News is a newspaper Florida 33308(Phone 954 658 4900) at least seven(7)days in ad- saidpublished at vance of the meeting. In addition, the Agenda's will be posted Naples, in said Collier County, Florida, and that the said on the District's web site at www.flowwaycdd.org. newspaper has heretofore been continuously published in The meetings may be cancelled or continued to a date,time and said location specified on the record at the meeting. Collier County, Florida; distributed in Collier and Lee In accordance with the provisions of the Americans with Disabil- counties of Florida,each day and has been entered as ities Act,any person requiring special accommodations or an in- terpreter to participate at these meetings should contact the second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next District at 658-4900,o ret least hearingve or(speecdah impaired, e date lease of the meetings. p preceding the first publication of the attached CO of contact the Florida Relay Service at 1-800-955-8770, for assis- advertisement; and affiant further says that he has neither tance in contacting the District Office. discount, If any person decides to appeal any decision made with respect paid nor promised any person, or corporation an y any matter considered at these hoard meetings, such person need a record of the proceedings and such person may rebate, commission or refund for the purpose of securing will this advertisement for publication in said newspaper need to ensure that a verbatim record of the proceedings is issue(S)dated: made at their own expense and which record includes the testi- mony and evidence on which the appeal is based. Flow Way Community Development District James P.Ward,District Manager Issue(s)dated: 10/24/2021 Oct 24,2021 #4969594 Subscribe and sworn to before on October 24,2021: Nota e of WI, C unty of Brown I /21 )-2— '' My commission expires Publication Cost: $322.00 Ad No:0004969594 Customer No: 1305088 , . -' 1'( u L IJ #of Affidavits 1 (`�i '._.! Al c, L;DiIC This is not an invoice 1 ..- • ' unsin NiapIts 4t-- attil Arms 410 PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWA RD&ASSOC LLC 2301 NE 37TH ST NOTICE OF ANNUAL MEETINGS FT LAUDERDALE, FL 33308-6242 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Fiscal Year 2022 Regular Meetings of the Board of Supervi- sors of the Flow Way Community Development District are Affidavit of Publication scheduled for the third Thursday of each month at 1:00 P.M.,at OF WISCONSIN the Esplanade Golf and Country Club,9810 Torre Vista Lane,Na- STATEples,Florida 34119 on the following dates: COUNTY OF BROWN October 21,2021 November 18,2021 December 16,2021 January 20,2022 Before the undersigned they serve as the authority, February 17,2022 March 17,2022 April 21,2022 May 19,2022 personally appeared said legal clerk who on oath says that June 16,2022 July 21,2022 he/she serves as Legal Clerk of the Naples Daily News, a August 18,2022 September 15,2022 daily newspaper published at Naples, in Collier County, The meetings are open to the public and will be conducted in Florida; distributed in Collier and Lee counties of Florida; accordance with the provisions of Florida Law for Community Development Districts. A copy of the agenda for each meeting that the attached Copy of the advertising was published in may be obtained from the office of the District Manager, said newspaper on dates listed. Affiant further says that the JPWard &Associates LLC, 2301 NE 37th Street, Fort Lauderdale, Florida 33308(Phone 954 658 4900) at least seven(7)days in ad- said Naples Daily News is a newspaper published at vance of the meeting. In addition, the Agenda's will be posted Naples, in said Collier County, Florida, and that the said on the District's web site at www.flowwaycdd.org. newspaper has heretofore been continuously published in The meetings may be cancelled or continued to a date,time and Said location specified on the record at the meeting. Collier County, Florida;distributed in Collier and Lee In accordance with the provisions of the Americans with Disabil- counties of Florida,each day and has been entered as ities Act,any person requiring special accommodations or an in- terpreter to participate at these meetings should contact the second class mail matter at the post office in Naples, in District at(954)658-4900, at least five (5)days prior to the date of the meetings. If you are hearing or speech impaired, please said Collier County, Florida,for a period of one year next contact the Florida Relay Service at 1-800-955-87/0, for assis- preceding the first publication of the attached copy of tance in contacting the District Office. advertisement;and affiant further says that he has neither If any person decides to appeal any decision made with respect paid nor promised any person,or corporation any discount, to any matter Considered at these board meetings, such person will need a record of the proceedings and such person may rebate,commission or refund for the purpose of securing need to ensure that a verbatim record of the proceedings is this advertisement for publication in said newspaper made at their own expense and which record includes the testi- issue(s)dated: mony and evidence on which the appeal is based. Flow Way Community Development District James P.Ward,District Manager Issue(s)dated:09/19/2021 Pub Date:September 19,2021 #4911380 Subscribed and sworn to before on September 19,2021: Notary, tate o ounty o wn My commission expires Publication Cost:$322.00 Ad No:0004911380 Customer No: 1305088 N A N C Y H E Y R M A N PO#: Annual Meetings Notary Public #ofAffidavitsl State of Wisconsin This is not an invoice - ø'Lt. MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, November 18, 2021, at 1:00 P.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Tom Kleck Assistant Secretary Bart Bhatla Assistant Secretary Martinn Winters Assistant Secretary Also present were: James P. Ward District Manager James Messick District Engineer Greg Woods District Counsel Andrew Gill JP Ward and Associates Audience: Lynn Gorski (ph) Doug Hansel (ph) All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Public Comments for non-agenda items(Limited to three (3) minutes). Individuals are permitted to speak on items on the agenda during that item and will be announced by the Chairperson. Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted, and all Members of the Board were present, constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Minutes October 21,2021, Regular Meeting Minutes 1 I P :; g 16 I 1 Flow Way Community Development District November 18, 2021 Chairperson Stamp asked if there were any additions or corrections to the Minutes; hearing none, he called for a motion. On MOTION made by Mr.Tom Kleck, seconded by Mr. Ron Miller, and with all in favor,the October 21, 2021, Regular Meeting Minutes were approved. Chairperson Stamp noted public comments regarding Agenda items were permitted during the meeting. He asked any who wished to speak to identify themselves and come forward to speak. He noted speakers would be given three minutes to make comments. He indicated there would be a period for public comment regarding anything not on the Agenda at the end of the meeting. THIRD ORDER OF BUSINESS Staff Items I. District Attorney—Woods,Weidenmiller, Michetti, &Rudnick a. Request to call Executive Attorney/client shade session. Discussion of settlement matters with Tim Hall and Turrell and Associates(File Number:2020-CA-4147) b. Arbitration Hearing-January 18, 2022,at 9:30 a.m. Mr. Greg Woods: The executive session is recommended for Thursday December 16, 2021, at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119, after the District's regular meeting. The sole purpose of the executive session was to discuss the settlement of the Flow Way development and File Number:2020-CA-4147. This is a potential partial settlement. The executive session can be expected to last approximately 20 minutes. The attending members shall be the following members of the Board:Supervisors Zack Stamp, Tom Kleck, Martinn Winters, Ron Miller, Bart Bhatla, District Attorney Greg Woods and District Manager James Ward. The executive attorney/client session is closed to public. The entire session will be recorded by a certified court reporter.At the conclusion of the executive session, the District will reopen the regular meeting. Chairperson Stamp:At one point there was discussion about moving it to December 2, 2021. Do we still need to do that? Would that be your preference? Mr. Woods:I would like to informally poll the Board for their availability. The earliest we could have the executive session would be December 2, and I was just curious if the whole board would be available. Mr. Ward: If you do December 2, it would be a continuation of this meeting because 1 don't have time to advertise because of the holiday. We would just recess this meeting until December 2. Discussion ensued regarding who would be available on December 2, 2021,for an executive session. Portions of this discussion were (indecipherable). It was decided the executive session would be held December 2, 2021, at 8:00 a.m. Mr. Ward: The record will reflect that the continued meeting,for purposes of the executive attorney/client session, will be December 2, 2021, at 8:00 a.m. 2IPage tell Flow Way Community Development District November 18, 2021 Chairperson Stamp: There will be no public participation at this meeting. In some states this is called a closed meeting or shade session. There will be a transcript and eventually it will be made public. Mr. Woods: The arbitration hearing will be on January 18,2022. It starts at 9:30 a.m. I do not recall where the meeting will be located, it could be by zoom. We could all meet here for instance, or maybe at my office. Chairperson Stamp: We can't meet for the arbitration hearing;it would be a violation of the Sunshine Law. Mr. Woods:(Indecipherable). Also, we are in the process of filing the report(indecipherable). Mr. Ron Miller:I made a bad presumption that the executive session would be about the (indecipherable), but since we are going to arbitration in January, it seems to me that there ought to be an executive session or something for the Board to discuss strategy or whatever for the arbitration. Chairperson Stamp: It is my understanding that we cannot meet in shade session unless there is a bonified offer on the table. We can't meet to talk about litigation strategies in general. Mr. Miller: What's going to happen at that session? Mr. Woods: I can't actually say(indecipherable). It's tougher for mediation (indecipherable),just a Board or judge because it costs parties money. It reminds the parties(indecipherable). Basically, the lawyers will do what's called proffers. I will go: We expect the evidence is going to show--, but the Army Corps Permit says this and this. The Taylor Morrison witness is going to say this. This witness is going to say this and for all these reasons we are going to win. Taylor Morrison's lawyer will go:No, we have this defense, and we have this defense and it's going to show this, and the arbitrator, who is an attorney, will then, after 10 days, will issue a ruling declaring one side or the other as the winner or(indecipherable). Either side can appeal the non-binding arbitration. (indecipherable). The only advantage of winning in non-binding arbitration is that if we go to trial and the party who appeals receives a number 25%worse than the result of the arbitrator's award the party can potentially file for attorney fees from 30 days after the arbitration. Mr. Miller: It's a starting point? Mr. Woods: Yes. Mr. Miller: I've been involved in arbitration a few times in my life. An arbitrator's job really is to bring an offer to the table. Do we think numbers will be discussed at that? Mr. Woods: If you were at the true arbitration I would agree. Sometimes the arbitrator will ask the parties if they want to negotiate settlements. I don't believe that's going to happen in this instance. This is truly just a process the clients have to jump through as part of the lawsuit. It is fairly standard. It just adds cost to the litigation. We will probably not be doing settlement Wage 16I1 Flow Way Community Development District November 18, 2021 discussions. We will probably not be able to do that even if you try to push. He's just going to hear your party's position and issue some kind of rule based on what is discussed. Mr. Miller: Just on the outside chance that something would come out of that, I would think anything like that should be brought before the full board. Mr. Woods: (Indecipherable). Chairperson Stamp: I have no authority to settle by myself. You gave me authority a couple of meetings ago to reject frivolous offers, so we didn't get drawn into shade sessions anytime somebody said I'll give you a dollar or something. I've got that, but I don't have the authority to settle. Mr. 14:45:(Indecipherable). II. District Engineer-Calvin,Giordano&Associates a. Preserve Tree Removal Process b. Stormwater System Repairs i. Phases 1&2 ii. Strategic Operational Plan Mr.James Messick:good afternoon, I have a couple of items to discuss. We can add the gauging station for discussion. The first item is an update from the preserve tree removal. I have drafted a report that you reviewed, and you gave us direction to move forward on the priority 2 and 3 trees, a total of 30 trees. That is being prepared and is anticipated to be submitted for approval by the end of November. He stated he anticipated the cost of this tree removal would be$7,500 dollars. He stated the request would be submitted to South Florida for approval. Mr. Bhatla: As for the cost for these, do you get 3 bids or do you have a contracted source? Mr. Messick: I think the quote that we have been given is typical for costs that we see from contractors;$250 dollars a tree, is a useful quote. If we get a quote that is higher than that, we will be certain to go out and bid it to other contractors. Mr. Bhatla: Is it the policy of the Board that we at least get three bids before we award? Can (Indecipherable)public interest, that we don't have a favored contractor. Mr. Ward: Right now, the Board follows the law requirements,so the law indicates that anything under$195,000 dollars a year was not subject to what we call the competitive bid process which means we advertise it in a newspaper, we take formal bids, and we then award a contract based upon lowest and best price from that procedure. On operations, generally speaking, as Jimmy indicated, we try to ensure that the prices we get are consistent with what I see and he sees in other communities that we are working on in the local area, to the extent that they are not consistent with that, then we will go out and get more pricing on it. And sometimes, we just as a matter of course do that. Right now, I will tell you we are not doing that simply because we are trying to transition the operations over before the 15t of January. We are 4IPage 16l1 Flow Way Community Development District November 18, 2021 utilizing many of the vendors that the homeowner's association is currently using and just separating those contracts out at this point in time. That's the process we are currently using. Chairperson Stamp: I would add the estimated cost of this is$7,500 dollars. If it were$75,000 dollars we would seek bids, even if we didn't have to under the law. Mr. Messick: That's our estimated cost. If they come back at twice that, or even$12,000 dollars, we will go out to make sure we are getting the best price. Mr. Bhatla: I just want to make sure that the public can't come back and critique us that we have a favorite contractor. I want to avoid that perception. Mr. Ward: I agree. Mr. Messick: The second item is the storm water management plan. Obviously, the failures have been set up from the Forge Engineering Report which was presented to the Board back in June. Phases 1 and 2 have been completed. Phase 1 being the broad crested weir erosion, completed on October 22. We were invoiced and paid them for that work. Phase 2 being sediment and debris removal for the entire stormwater management system including catch basins, pipes, etc. They completed the work at the end of October. They did note that there were three structures that needed additional work which was beyond the scope of the contract, and I have noted those structures:structures 1040, 1057 and 83, in three different sections of the development. I went out and looked at those sections myself. Currently, the water is too mucky, and you can't see down into them, but based on the report and discussions with them, they kind of explained what the problems were, and they gave us a quote for those three structures. I'm working on getting a quote from another contractor and as soon as I get those costs. I will recommend fixing those three structures. The remaining items will be Phases 3 and 4 and will be captured in the strategic operational phase plan being prepared. Mr. Winters: When we got started on this several months ago, we asked for, as part of due diligence, to have cameras run up the pipes to see if they were in decent shape and were told that they couldn't do it because the pipes were so clogged that they inaccessible. Now, that they've been cleaned out, is it a good idea to go back and do what we tried to do in the first place, now that the cameras can see how the pipes are constructed? Mr. Messick: In my experience, my opinion would be to look at these same structures to see the if they have the same sediment problem. At this point, we've got the most important pipes and structures cleaned out and as part of the strategic plan we will go back and look at that system and make sure that the sediment hasn't taken place again in the system and then we can go to other ways of looking at the system and see if there is a broken pipe or something upstream that we can't see. Mr. Winters: So, there will be followup. Mr. Messick: There will be followup, definitely. 5IPage 16 I 1 Flow Way Community Development District November 18, 2021 Discussion ensued regarding whether the pipes should be videoed to evaluate the condition of the pipes;the possibility of there being pipe defects due to a construction error by Taylor Morrison;and the cost of videoing the pipes being relatively high. Mr. Miller: Apart from the pipes that are broken, what you saw and what we found, is that common, or is this extraordinary, or should there have been maintenance done previously? Mr. Messick: If it hasn't been maintained on a five year basis, it is not uncommon to see sediment buildup over 50%to 85%. I think what I would like, is not Tying the entire storm water management system, but Tying the structures that had a significant amount of sediment built up in them in the last 7 years. Mr. Miller: Thinking long term, when do we need do this again, clean out the sediment? A year from now, 5 years from now? Mr. Messick: Every 5 years. Discussion ensued regarding the cost of cleaning out the stormwater management system structures and how often the pipes should be cleaned of sediment. Mr. Messick: The Forge Engineering Report which included costs from MRI to do the cleaning, was more than$80,000 dollars. The$80,000 was just the structures that had more than 25% sediment. Chairperson Stamp asked what was wrong with the three structures mentioned. Mr. Messick: Structure 1040 was a 36 inch RCP which is reinforced concrete pipe,substantially cracked. The recommendation is to replace 16 feet, or two sticks, of RCP pipe, in lake 6. Structure 1057 was 2 inch pipe in the MRI report, and they suggested replacing it. I haven't gotten the cost back yet. Mr. Bhatla indicated it would be good to know the cost of replacing structure 1057, as well as the cost of repairing structure 1057. Mr. Messick: The third structure is structure 83. That particular structure had a significant amount of debris and rocks stuck in the pipe and they couldn't clean it out by hand. In order to clean it they are going to have to plug the upstream and down stream structures to clean this structure. It was not a significant amount, but it is located in lake 14 which is centrally located. The last is just an update on the strategic operational plan. The CDD asset investigation report from October report was reviewed from the current CDD Staff. The utility and asset investigations have started. I met with our inspectors who were walking lakes this morning. I've done that for the last week or so, and we will continue to(indecipherable). Confirmation of the CDD's ownership for maintenance of the roadway entries and landscape buffers have been requested through the legal team and we are awaiting a response from them. (Indecipherable). Chairperson Stamp: So, you are going to put together a proposal for Wing certain pipes, ones you think need to be, and you're going to bring that back to us? Wage i6I1 Flow Way Community Development District November 18, 2021 Mr. Messick: Yes. Mr. Miller: Do we have any wastewater? Mr. Ward: Just storm water. Mr. Winters: The maintenance of the lakes is still under the HOA's management. Is that correct? Mr. Ward: Yes, at the moment. Mr. Winters: I don't know what the status is of the CDD taking over that contract, but just as a general housekeeping matter, I get calls and emails periodically from residents saying there is something wrong, can you send somebody out?I'm getting those kinds of requests and 1 don't know what to do with them other than to ask Jim to send you guys out to look at it and tell us what it is. like a drain pipe coming from a house which had been installed improperly, which is not acceptable. My question is, who is the proper person to point to, to send somebody out to look at these problems? Wouldn't the HOA management company be the intermediary for these kinds of requests? Mr. Ward: Based upon the last meeting, we are actively transitioning all of the operations that are part of the CDD into the CDD. We will have that transition done for the water management system, and the landscaping on or around December 1, of this year, and then the irrigation system on January 1. With respect to the process, at least initially, what I would recommend is that whether they contact you or contact me or Jimmy directly, I would like to at least leave it at this level for some period of time so we can see and understand what's happening in the systems and making sure that we respond to them in an appropriate manner. After some period of time, we may transition that to another member of Jimmy's team that will be able to handle that kind of stuff on a day to day basis, but right now, in a transition, I think it's most appropriate to handle it at this level. Mr. Winters: I just want everyone to be in agreement as to what the process is. Mr. Ward: I clearly would like it to come to me and Jimmy so we can handle it. Mr. Bhatla: I think we need an inventory of the complaints. Mr. Ward: We honestly don't get that many of them. We are pretty good about taking care of them. Mr. Bhatla: My issue is responsiveness. A complaint comes in and it ends up on Facebook, we don't want that to happen. Mr. Ward: I agree. We take care of that stuff immediately. Mr. Miller: (Indecipherable). Does anybody know how many miles of shoreline we have? 7IPage 161 1 Flow Way Community Development District November 18, 2021 Mr. Ward: We don't know yet. We are just in the beginning stages of actually putting together all of the assets that we own, shorelines, littoral shelves, lakes, everything in the system. Part of the program that you authorized last month for CDA is when that strategic plan comes out in February or March, we will have a much better handle on all of the assets that we have, what we own, what their values are, how we are going to operate them, what the cost of the operations of all of the systems are going to be on a going forward basis. We are going to try to project that over a couple year program,so we know going into our 2023 budget how much it is really going to take to operate and maintain the system. Ms. Lynn Gorski(ph): I am the Chair of the(indecipherable), so I get(indecipherable). Mr. Doug Hansel(ph): I live on lake 22. Lake 22 has zero amount of littoral plantings, has zero percent. (Indecipherable). I've looked at County Code 3-5-10 for storm management ponds and also the current(indecipherable)brochure, and all those documents say that all ponds (indecipherable). The lake has about 25 homes, (indecipherable). What's the plan for putting littoral plants on that lake? (Indecipherable). It looks really terrible especially when the water goes down. I'm just here to find out what is being done. Mr. Messick: Part of the lake bank restoration will include littoral planting, and we will look at the permit requirements, whether it's per lake or permit wide requirements, and will make sure to include that in our plan for upcoming years of littoral planting restoration. It will coincide with the lake bank restoration. Mr. Hansel: Part of what I wondered is Lake 22 has no plantings. Mr. Messick: I'm not certain that was originally permitted or acceptable with the permitting agencies, but if there is a problem with the lake bank that needs lake bank restoration, if there is a slough off into the lake, those littorals will help that and those will be part of the restoration of the lake banks. Mr. Hansel:(Indecipherable). Mr. Messick: Well right now we still aren't maintaining that. It's in the process of being transferred from the HOA to the CDD. We will put together a plan, we will have the immediate action items for this coming fiscal year and several years out. Mr. Kleck: I worked with the CDD Board or was on the Board at Vasari and the lakes and littoral banks issues are ongoing. Believe me, it's a never ending issue. One of the things I think you need to understand is this CDD Board is fairly new from an owner controlled standpoint, and that project is one I am very familiar with, and a pet peeve of mine, because these lakes and ponds are awful. There are very little littorals. The promising thing that I've noticed is that Audubon, their lakes and banks are beautiful, so it can be done, and what I would recommend to the Board, or to you Jim, is that we contact Audubon when we get to that point, and we can do something and find out what they've done to get to that point. Ms. Gorski: We've already contacted Audubon and(indecipherable). (Indecipherable). Wage 16I1 Flow Way Community Development District November 18, 2021 Mr. Bhatla: We investigated. We did meet with the County, and they have approved everything, and they were holding a bond close to a million dollars, and they have released the bond. Our expectation was that they were going to, that Taylor Morrison was going to present a unified report showing the completion of littorals in every lake, but we haven't found those documents. They don't exist. We have done the search. We are here where I think Taylor Morrison has done an incomplete job and they have squeaked through as approved from the County,so we have to resolve that issue. It's not been a part of the communication, we will have to see. Mr. Hansel: We can add littorals to that as well. Mr. Bhatla: All that is a capital expense. Of course, there is going to be an ongoing expense of maintaining the littorals, but I think at least up to the point of transfer, we wanted everything in reasonably good shape, and that has not been done. Mr. Hansel: We could potentially recover what should have been done per code at the time of turnover. Discussion continued regarding the littorals;the County's signing off on the lakes;the County utilizing third party engineering firms to sign off on permit requirements;the lack of documentation from Taylor Morrison regarding what was completed in terms of fulfilling permit requirements;whether the engineering firms were culpable to the extent that records were not kept;the County not wishing to "mess with"Taylor Morrison;the County being the control point and if the County approved,then the engineering firms could not be held accountable. Much of this discussion was indecipherable. Chairperson Stamp: It's going to cost us a lot of money, like$800,000 or$900,000 dollars to do all of these, and our budget for operations and maintenance is what a year? For the year we are in? Is it half of that? Mr. Ward: Not even half. Chairperson Stamp: So, it would actually double our budget just to do that and not do the other things. It's going to be a long process and it's going to take some time. We are going to have to put together a plan and work the plan. Some people are going to be first and some people aren't. We have to start somewhere. We will have to rely on the engineers to tell us what the priority is and where we have to start and how we can do this in the most cost effective way. I don't want to hold out any hope that it will be next year. Mr. Hansel:So, could the homeowners themselves do the littoral planting? Chairperson Stamp: I doubt it. Nobody's ever asked that question, but I can't imagine you could go into the water. Mr. Kleck: We had a staff that came in full time to Vasari, and we spent literally thousands of dollars to plant littorals and 50%of them never made it and we went back and spent another thousands of dollars. It is an ongoing, almost impossible task to keep these lakes looking good. I'm ashamed to say it, but I don't know what the answer is unless Audubon has the answer because I'm impressed with what they've done. 9IPage 16I1 Flow Way Community Development District November 18, 2021 Mr. Winters: Do we have anything in the 2022 budget as far as the plantings go? Mr. Ward: No. Not even close. In the current year we are in, the budget is extremely limited. We've spent close to$100,000 dollars already of a$225,000 or$250,000 dollar operation piece of this budget. I think we are going to have to wait a number of months before we even know, but we clearly don't have much more money left other than to do the basic operations of just taking over what the HOA wants to do. Even the Tying of the lines, based on other Districts, that's a$40,000 dollar job. We are not going to have the money to do that. I can tell you we can get the numbers and see where we need to go, but it's going to be a really, really tight year. Chairperson Stamp: Can we talk about the gauging station? Mr. Messick: Sure. I don't have anything prepared in my report. I do have some picture, but do not have them with me. I did forward the agreement on to our attorney to take a look at it. Gauge stations now are a smaller footprint and through USGS rather than through South Florida Water Management District. They do have a different location in mind than what we originally discussed. It is not in the direct view of any resident. It is along the western property line up next to one of the cow ponds, kind of tucked away behind some trees there. I will attach the pictures into December's report if you want to come back after you have looked at them with any questions. I will request to come back to the Board for approval once(indecipherable). They want to start this fiscal year and get it constructed prior to next rainy season. The first quarter of their fiscal year(indecipherable). Mr. Bhatla: Is the only issue the aesthetics? Mr. Messick: They are taking care of the maintenance. There's no cost, there's no permitting, there's no environmental impacts. Greg can speak to(indecipherable). Mr. Woods: I've added a footnote to the agreement that basically says we are involved in litigation, and we may not ultimately be the owner of this property subject to(indecipherable). Mr. Messick: This footprint goes down to a much smaller size, 24 x 30 feet. Mr. Bhatla:what about the elevation? Mr. Messick:the elevation is 2—4 feet. It may stick up a little bit, but nothing of reflectivity and the(indecipherable)the way they orient the solar panel, there's not going to be any glare to residents. Mr. Bhatla: So, in your judgment, the visual impact is insignificant. Mr. Messick: In my judgment there is zero visual impact. III. District Manager—JPWard&Associates, LLC a. State Law Requirements for new Stormwater Reporting. b. Financial Statements for period ending October 31,2021 (unaudited) 10IPage j6I 1 Flow Way Community Development District November 18, 2021 Mr. Ward: The State law was amended this past year to require a number of agencies, including Community Development Districts, to do these long term needs analyses. Although none of us know exactly why they want these long term needs analyses, the supposition is that they are being accumulated up into larger city or county plans for needs analyses across county-wide areas within the state. For this District it means there are two parts. One is a water and wastewater analysis. The other is a storm water analysis. We obviously would not have to comply with the requirements of the water and sewer analysis, but we do have to comply with the detailed programing requirements for the storm water analysis. These are five year programs. The first one is due in June of next year and then they are due every 5 years thereafter to both the state and Collier County. The program is required to include projected costs for facilities over five year increments and more long term, including the useful life of the assets, cost of the useful life of the assets and annual contributions that need to be made by the entity in order to achieve the requirements of funding under the plan itself. This has been handed off to Jimmy's team to begin the process of looking at it and identifying the needs analysis. One of the questions I do get asked periodically is do we know what the cost of this is. The answer is I have no idea because it is a new program in the State and from an engineering perspective, we are just going to have to go through this process for the first year before we figure it out on a going forward basis. I have asked Jimmy's firm to try to get this analysis done well before the June 30 date,so we have time to review it and then send it on to the appropriate agencies afterwards. Are there any questions? Chairperson Stamp: I did want you to talk a little bit about where we are at in the budget process. Mr. Ward: Our budget, we have roughly$360,000 in our budget for operations for 2022. Of that $360,000 dollars, roughly$180,000 to$190,000 is the external preserve maintenance. The remaining amount is for operations. Of that remaining amount, we have already spent close to $100,000 of it at this point in time cleaning the pipes, repairing the weir, but we will have this other repair work. We are transitioning the operations now. I don't have numbers yet. I will have them probably within the next week or two. I suspect we will hit or exceed the overall$360,000 budget for operations during this current year,just to take over the operations from the HOA at their level of service that they have, not being able to do any increased operations during the current fiscal year. As I mentioned at the last meeting, we will finish the strategic operations plans. That will include operational requirements at levels different from what we are taking over from the HOA, but more in tune with what I see in a community that is more built out on a going forward basis. I expect these numbers to go up dramatically in 2023. We will just have to pay attention to that as we go forward and budget for them accordingly. One of the things I know that we don't have in this plan, and I doubt the homeowner's association had in their budgets, are reserves for these assets. So, a large part of this program is going to be to identify the cost of this program and what we feel are appropriate reserves to keep these assets going on a long term basis. You will see that as a part of the program also. I have a couple of districts I have done this for in the last year. The numbers were staggering for operation reserves on a going forward basis and we just done have them in CDD budgets at the current period. We will just have to keep that in our minds on a going forward basis, but this next budget year will be a challenging budget year, but we will be able to see some of the fruits of the labor of Calvin Giordano hopefully by March of next year. FOURTH ORDER OF BUSINESS Old Business 11IPage 1611 Flow Way Community Development District November 18, 2021 I. Future Funding of Preserve Mitigation and Maintenance Chairperson Stamp: I am going to read a statement and then there can be some discussion, and I don't anticipate, I don't hope, I don't ask, that anybody here (Counsel or Jim) give us a definitive answer to all of these or any of these questions. But I think it's something we need to put out on the table as we go forward, and that's how much money we are going to spend on these external preserves which we are trying to get Taylor Morrison to take back. With that understanding: Assuming we must maintain all of the CDDs assets pursuant to the bond covenants, at what level must we maintain them? Do half of what we are doing now, three quarters of what we are doing now? We don't know. The bond holders do not object to Taylor Morrison doing little or no maintenance or repairs on the pipes, the interconnect, the pumps, the weir, the fencing, so why would they object if we reduced funding for the preserves. Or would anybody object? Nor do they seem to be monitoring or concerned about the current litigation as far as we know. The lock interconnects could have had a major impact on the property and the assets and residents as opposed to what a couple more melaleuca trees or Brazilian peppers and how are they going to be harmed if we let those slide so we can do pipes and we can do littorals and things like that because we are not going to do everything. Failure of the weir obviously could have been catastrophic in some ways. In addition, the efforts toward success criteria that the Flow Way is currently under, what we think we have to do, was we are doing that pursuant to the Corps permits that Taylor Morrison obtained and they obtained those with the idea that they were eventually going to transfer these external preserves. Well, they've transferred them. Maybe we're contesting that, but they've transferred them,so do we have to maintain let's say rate of mitigation, or can we say that those are moot. That's no longer there. Can we do half of that? What do we have to do? We've got to look at those and we've got to have those discussions as to what we can do. In the for instance, could we find somebody else who would be willing to assume the liability without the trust fund and simply turn it over to them? I don't think we we're going to find anybody that can do that, but we've got to throw that out on the table. Can we slow down or stop the mitigation? That's something we are going to have to think about. What are the parameters of that? What are we going to have to do from the bond holder perspective and from the perspective of the permits? What can we do? We've got to consider that South Florida Water might be the one to enforce it, the standards, if there are standards as to what we have to do if we don't comply with the permit. Those are questions that we have to ask and decide. We also have to think about what the ramifications to the lawsuit are if we decide to go down this path. Are we going to help ourselves or are we going to hurt ourselves? I think we definitely have to consider what those ramifications are. I just wanted to make that—if Jim or Greg have any off the top comments, we'd appreciate it. Otherwise, I just threw it out there for the discussion that we are going to have to have. Because as Jim said, the budget is going to be terrible and a big part of that is going to be what we do with the preserves. If we do it with the preserves, we can't do it anywhere else. It's going to be a balancing act. Mr. Kleck: I've been involved in two CDDs. Vasari CDD was one third the size of this preserve and this CDD. I'm wondering if we've bitten off more than we can chew by taking over a preserve of this size. Jim, have you had any experience with any of your CDD companies or neighborhoods that are larger than Esplanade? Mr. Ward: I have obviously done CDDs much bigger than Esplanade. I don't have any CDDs and never have had any CDDs with a preserve this big in it, or at least that has required this much financial capital to go in it in terms of operations and maintenance. The only preserves that 1 am 12 I Page 16 I Flow Way Community Development District November 18, 2021 aware of that I have been associated with larger than this did not require any active ongoing financial maintenance obligations pursuant to the permits. This obligation clearly far exceeds anything I am used to seeing. Mr. Kleck: That goes with my question. Have we bitten off more than we can chew? Mr. Bhatla: Why do we want to keep the obligation of maintaining the preserves? Chairperson Stamp: That's the question that I'm trying to answer. Mr. Bhatla: We've got no value from it. It's only liability. We don't have the expertise either. I think the trust has to be to divest it. It should go back to Taylor Morrison because it had a great deal of value for them. For us, we cannot justify the ongoing cost. Chairperson Stamp: I think the Board's in agreement with that. That's why we filed the lawsuit. But the question is, between now and whenever the lawsuit is resolved, what are our obligations? We do own it now. We are the fee simple owner of that property whether we like it or not and we don't, but do we have an obligation? Is the Corps going to come in and say we're going to fine you, or is South Florida Water Management District going to come in and say we're going to fine you? That's one of the things I'm relying on these two guys to give us some input on, what we can do, and I just wanted to throw that out there. Mr. Bhatla: Is there a clear definition of the penalties that they can apply? Discussion ensued regarding possible penalties; the possibility of minimally maintaining the preserves; how much it would cost to minimally maintain the preserves; and not wanting to do anything to negatively affect the lawsuit. Much of this discussion was indecipherable. Mr. Ward: June of next year is when we would start the maintenance of the preserves. It is generally June, July, August, September, but that's when you need to gear up to get started, so we have until May basically to decide what to do in next year's budget for that, and I think between now and then probably, in the winter, we can work on what Greg had suggested and that is trying to minimize the maintenance and not do any aggressive work and lets see what the number is. Discussion continued regarding the budget for the preserves; and the best time of year to work in the preserves. Mr. Bhatla: We should ask our engineer to tell us what the minimum maintenance requirement is. Safety and security are at the top of everything, and then if there are any monitoring requirements in the budget, we need to consider those. Mr. Ward: The Corps permitting requirements are to keep melaleuca out of there, spraying exotics, removing some larger dead trees, those kinds of things. Clearly, we need to find out what the minimum is for that level of service going forward. The timing of it on a yearly basis is on our part. It's not a Corps requirement as I recall it in those permits of when we do it, so we may be able to push them out to September, October, November, December, something like that, but the obligation itself at the moment is a quarter million dollars. We spent less than that this year on it. We spent, I think, $160,000 dollars this year. It may be less than that going forward. And maybe the$160,000 is 13 I Page 16I1 Flow Way Community Development District November 18, 2021 a result of the maintenance of the prior years and it's just starting to go down all of a sudden which was what was contemplated under this kind of a program pursuant to that original Corps permit. We will have to see how we want to do this. Mr. Bhatla:is there any kind of reporting you have to provide? Mr. Ward: The consultant we have that does that for us does a report on a yearly basis, after the work is completed. Chairperson Stamp: Keep in mind that none of this year's does anything on the fencing. There's $190,000 dollars'worth of fence repair that needs to be made out there that we have spent zero on and maybe we can get by spending zero. Discussion ensued regarding the fencing; the definition of fencing; and what the fencing was intended to keep out of the preserves. Mr. Miller: I think that the CDD is an inappropriate agency to handle keeping people out of the preserves. That is not our mission. These preserves are outside of the CDD boundaries. (Indecipherable). Chairperson Stamp: So anyway, we are going to have more discussions about the budget. I just wanted to put that out there. Mr. Hansel: What's our liability if someone drives a car out there, crashes and dies. Chairperson Stamp: The CDD has some statutory limits on liability. Mr. Woods: Correct. Mr. Ward: Government agencies in Florida have sovereign immunity limits and they are relatively low, so we are covered for most of that. Someone dies out there, I'm going to tell you, that's a different ballpark because those are federal lawsuits not subject to the sovereign immunity limits for governmental agencies, but we do own it, we do carry enough insurance on it to cover us for the most likely of events that occur. FIFTH ORDER OF BUSINESS Audience Comments Audience Comments: Public comment period is for items NOT listed on the Agenda, comments are limited to three (3) minutes per person, assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes Chairperson Stamp asked if there were any additional audience comments; there were none. He asked if there were any additional Board comments. Mr. Miller: (Indecipherable). 14I Page 16I1 Flow Way Community Development District November 18, 2021 Mr. Ward: We can remove that word Hatcher out of the title because we redeemed all the bonds that were associated with the Hatcher property, so I'll just change the title. It's now just Phase 7 and 8. We used the money. We moved it and redeemed the bonds that were due. Chairperson Stamp: Our insurance went up 150%for this year,so we do have insurance. Mr. Ward: Yes. We do. That number is going to change dramatically again going into 2023 now that we are taking over the operations of all of our assets, which at the moment are all in the HOA for insurance purposes. Chairperson Stamp: Anything else? If not, we are not going to adjourn, but we will recess this meeting until December 2, 2021, at 8:00 a.m. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. The shade session should not take very long. If there is nothing else, I will take a motion to continue. On MOTION made by Mr. Ron Miller, seconded by Mr. Bart Bhatla, and with all in favor,the Meeting was continued. Attest: Flow Way Commu y ' ='elopment District Jame P.Ward,Secretary Zack Stamp,Charon 15IPage � 6I1 -.4 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The continued Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, December 2, 2021, at 8:00 A.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Tom Kleck Assistant Secretary Bart Bhatla Assistant Secretary Martinn Winters Assistant Secretary Also present were: James P. Ward District Manager Jessica Tolin District Counsel Court Reporter Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp indicated the meeting was back in session for the continued November 18, 2021, CDD session. Roll call was conducted, and all Members of the Board were present, constituting a quorum. Chairperson Stamp noted when the meeting went into executive session a court reporter would be present to record the session. SECOND ORDER OF BUSINESS Executive Session Chairperson Stamp called for the executive session to begin at approximately 8:03 a.m. Mr. Ward ordered the video recording to cease so the executive session could be called to order. [The audio and video recording ceased at this point.] 1 I P , i6I Flow Way Community Development District December 2,2021 Staff Items I. District Attorney—Woods,Weidenmiller, Michetti,&Rudnick a) Call to order Executive Attorney/client shade session; discussion of settlement matters with Tim Hall and Turrell and Associates(File Number:2020-CA-4147) II. District Engineer—Calvin,Giordano&Associates III.District Manager—JPWard&Associates,LLC [Following the executive session audio and video recording began again.] At approximately 8:18 a.m. Chairperson Stamp indicated the continued public meeting was back in session. He noted the attorney/client shade session (executive session) was closed. He called for a motion. On MOTION made by Mr. Bart Bhatla, seconded by Mr. Tom Kleck, and with all in favor,the settlement offer was accepted. THIRD ORDER OF BUSINESS Adjournment Chairperson Stamp asked if there were any additional business to discuss;there was none. He called for a motion to adjourn until the next CDD meeting on November 18, 2021. On MOTION made by Mr. Ron Miller,seconded by Mr. Tom Kleck, and with all in favor,the Meeting was adjourned. ATTEST: Flow Way Co "elopment District 0).,A07 James .Ward,Secretary Zack Stamp,Cha Tper". 2IPage 16Iid' MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, January 20, 2022, at 1:00 P.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Tom Kleck Assistant Secretary Bart Bhatla Assistant Secretary Absent: Martinn Winters Assistant Secretary Also present were: James P.Ward District Manager James Messick District Engineer Greg Woods District Counsel Andrew Gill JP Ward and Associates Tony Grau Grau and Associates Audience: Marty Teperow Jordan Ball All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name,the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted, and all Members of the Board were present, with the exception of Supervisor Martinn Winters, constituting a quorum. SECOND ORDER OF BUSINESS Public Comments Public Comments for non-agenda items (Limited to three (3) minutes). Individuals are permitted to speak on items on the agenda during that item and will be announced by the Chairperson. Chairperson Stamp reviewed public comment protocols. Wage 16I 1 Flow Way Community Development District January 20, 2022 THIRD ORDER OF BUSINESS Consideration of Minutes I. December 2,2021-Meeting II. December 16,2021—Regular Meeting Chairperson Stamp asked if there were any additions or corrections to the December 2,2021 Minutes; hearing none, he called for a motion. On MOTION made by Mr. Bart Bhatla,seconded by Mr.Tom Kleck,and with all in favor, the December 2, 2021, Meeting Minutes were approved. Chairperson Stamp asked if there were any additions or corrections to the December 16, 2021 Minutes; hearing none, he called for a motion. On MOTION made by Mr.Tom Kleck,seconded by Mr. Bart Bhatla,and with all in favor, the December 16, 2021, Meeting Minutes were approved. FOURTH ORDER OF BUSINESS Consideration of Audited Financial Statements Consideration of Audited Financial Statements for Fiscal Year 2021,which ended September 30, 2021 Mr. Ward introduced Tony Grau of Grau and Associates. Mr.Tony Grau reviewed the Audited Financial Statements for the Fiscal Year ended September 30, 2021. He reported page 1 and 2 reflected a clean opinion with respect to the audit of the financial statements of the District. He indicated there was a new item in the audit report on page 2,an additional information spreadsheet,which was now required by Florida Statute. Mr. Bhatla: You said clean audit. We are in the hole for the budget this year because of the assumption of the(indecipherable) we have the preserves. Has that been uncovered by you? Is that not in the last fiscal year? Mr. Ward: It's not in the last fiscal year. Mr. Grau stated the next section was the management discussion and analysis which was a recap of the financial activity during the Fiscal Year. He indicated page 4 showed the statement of net position with comparative numbers to 2020. He stated page 5 was the income statement(changes in net position)with comparative numbers. He reported pages 7 and 8 were the government wide financial statements,which were on a full accrual basis and included capital assets and long term debt. He stated page 9 was the fund financial statements reflecting the general fund, debt service fund, and capital project fund. He noted Flow Way CDD had approximately $3.5 million dollars in fund balance, most of which was in the debt service fund. He stated page 11 was the income statement for the governmental funds showing the assessments, expenditures,general fund, maintenance and operation, and debt service. He noted there was a large transfer out of the capital project fund into the debt service fund during the current fiscal year. He reported next were the footnotes to the financial statements which were similar to the prior year. He 2IPage 16I 1 Flow Way Community Development District January 20, 2022 indicated on page 19 was the transfer for Note 5, the capital assets which reflected the appreciation in the current year. He stated Note 7 itemized the long term debt for the different phases. He noted debt was paid down by approximately $1.7 million dollars. He reported there were very large prepayments during the year,one for approximately$1 million dollars. He noted page 21 was the amortization schedule and the Note related to the preserves. He indicated page 22 was budget to actuals; page 24 was the new schedule required by Florida Statutes and the Auditor General which was basically additional information supplied by management. He stated the remainder of the report contained the various reports required under government auditing standards and by the Auditor General including the newly required additional data which was supplied by management. He noted there were no findings and only clean opinions. Chairperson Stamp asked if there were any questions. Mr. Bhatla asked for a copy of the Audited Financial Statements. Mr. Ward noted the Audited Financial Statements were included in the Agenda Packet. Chairperson Stamp asked if there were any additional questions; hearing none, he called for a motion. On MOTION made by Mr.Tom Kleck,seconded by Mr. Bart Bhatla,and with all in favor,the Audited Financial Statements for Fiscal Year 2021 were accepted for purposes of inclusion in the record. FIFTH ORDER OF BUSINESS Discussion Discussion of use of lake maintenance easements and recreational use of the lakes and water management system Chairperson Stamp: We are having issues arising from the lakes. One is, there is a 10 foot maintenance easement around all of these lakes and there has been a couple of different scenarios where we believe Taylor Morrison built right up against the easement and put the landscaping in the easement which wasn't the buyers fault. The second, we have had at least one, if not a few, who have built out or put landscaping into the easement. We need to talk, and the HOA needs to talk, because the HOA technically has jurisdiction over that, about a general policy. I am not prepared to do anything today, but I wanted to raise this,because Jim and I and Greg will probably be talking with the HOA,or maybe Bart would be better brought into this than me,about what kind of policy we are going to have and how we are going to address it when there are issues. I assume there will be some landscaping that really doesn't matter and landscaping that really matters, and how we are going to treat each of those could become important. I just wanted to put this on people's radar as something we going to be doing. Mr. Miller: Do we know the measurement of this 10 foot easement from the(indecipherable)? Mr. Ward: The easement is going to be 10 feet over from what's called"control." Control is an imaginary line from where the water reaches its highest point. The water when it gets to its highest level, the easement starts 10 feet above that, so it will vary all year long. You might see 10 feet of lake bank, you might see 8 feet, you might see 12 feet of lake bank or more depending on the elevation. Mr. Miller: Does the easement fluctuate with the water level? 3IPage I 6 I 1 Flow Way Community Development District January 20, 2022 Mr. Ward: The water level fluctuates, but the easement doesn't. Generally speaking, you can look at any lake and the top of the slope of the lake bank is the top of the easement. Mr. Bhatla: So, what is the issue. Chairperson Stamp: The issue is a couple things. One, what do we as the CDD, hopefully in conjunction with the HOA, want to do about people who have planted in the easement,some unintentionally and some intentionally? In some places it may not matter. Obviously, it will matter more if it's a tree versus a bush. We need to start developing a policy regarding how it's going to be handled and Jim can fill you in on what some others have done where they have a notice that goes out that basically says, "We know you built these, but you know you're in the easement. We reserve the right if we ever need to come in for maintenance or emergency to take out what's there, and you agree we have the right to do that." We need to work this out with the HOA. We don't have the authority to fine someone for building in that, where the HOA has the authority to fine or take remedial action. Mr. Kleck: If they've got the authority, why are we getting involved? Chairperson Stamp: We need the access. Mr. Ward: The lake bank is an integral part of your water management system. It was issued under the permit that's requires it remain in place and that the integrity of the lake bank be maintained. What I see sometimes in Districts is landscaping is the easy part. It's the fences, really big trees, pavers, air conditioners, and this other stuff. Some Districts have, and what's been recommended to you, is we might want to come up with a procedure,so if someone wants to put something in the easement, other than just landscaping, then we can go through a procedure where we can permit that, and they sign an agreement which says if we have to go in there, then we would be able to remove that structure (encroachment). That's the concept. Mr. Bhatla: My impression was we could not plant a tree in the easement area and the HOA was very strict and they do it through the architectural committee. I think in this transition everything got kind of lax because people started to plant in their backyards, etc. A year and a half ago it was a "no-no." You just couldn't do it. So, probably it's an enforcement issue of the HOA. They have it. They have a policy in place, but I think it is not being enforced at the moment. We need to talk to them. Chairperson Stamp: We need to talk to them. There are innocent violations and outright violations. The other issue, of which I've only seen one example, is a few weeks ago, there was a man, woman, and dog kayaking in one of the lakes. Again, we need to talk to the HOA. Frankly, I'm okay that they are out there. I'm more worried about the liability if there's a problem. I don't want the CDD or HOA assuming liability if something happened to a boater or a boater caused some other problem. That's another issue. We will be addressing that. This was just an informational item. SIXTH ORDER OF BUSINESS Staff Items I. District Attorney—Woods,Weidenmiller, Michetti,&Rudnick a. Discussion of outcome of Motion for leave to amend hearing b. Non-Binding Arbitration Hearing-February 28, 2022 Wage l6I1 Flow Way Community Development District January 20, 2022 Mr. Greg Woods: Since we last met, we had a hearing on our motion for leave to add the claim with regard to the lakes and fencing and that stuff. The Taylor Morrison fought it and because their position was if we add those claims, they are going to have to bring in their subcontractors and subcontractors take another 60 days and it's going to blow all the current scheduling in the case. The judge agreed with them, so we have to file a separate action. We are coordinating with the HOA because the HOA needs to file an action on their issues as well. The HOA is kind of lagging. They still need a couple reports and things of that nature, but I think they will ultimately be filing suit. We will probably join in their suit on those different defective construction etc. claims. Mr. Bhatla: So, it would be an addendum. How would you classify this? Mr. Woods: It would be a separate lawsuit. I will probably need Board approval when the time comes to approve the filing of the second lawsuit on the construction defects. Chairperson Stamp: Or we could give you the authority to do it when the time comes. Mr. Woods: The Board already approved adding it to the case. I think the Board would probably approve now even though it has to be done separately. Mr. Miller: I would be open to a motion on that just to move forward in the most expeditious manner. Indecipherable). Mr. Woods: I think the motion would be along the lines of the Board is authorizing the filing of a second lawsuit for construction defects relative to the lakes, the piping system in the lakes, the fencing, and any other construction issues that may arise in the interim. As a part of that, do you want to make Mr.Stan Foss(ph) the liaison for the litigation attorney for the second case as well. Mr. Bhatla: What is the practicality of combining that with the HOA lawsuit? Because the majority of their lawsuit is going to be for construction deficiencies and defects. Is that practical? Mr. Woods: We are working with them to potentially file a different lawsuit. We could file ours separately. We could file jointly. I think there are advantages to filing jointly. I don't think there are any changes in economics because we haven't prepared our claims, they haven't prepared their claims, and actually there are some savings in that we can kind of share-- Mr. Bhatla: What about the processing and preparing both if they have to handle and schedule two different. Mr. Woods: There is a little bit of a delay with an extra set of attorneys when you try to schedule things,but that is a minor delay. I think the benefits of having two attorneys on the same side asking questions and depositions, we can take turns if we are having discovery. Some of that stuff can be shared too which is a cost savings. There are overall benefits. But obviously the HOA has to agree that they want to file the suit with us. So, we have to deal with that as well. But there are benefits to doing this jointly. On MOTION made by Mr. Ronald Miller, seconded by Mr. Bart Bhatla, and with all in favor,the Board authorized the filing of a second lawsuit Wage 1 6 I 1 4 Flow Way Community Development District January 20, 2022 for construction defects relative to the lakes, the piping system in the lakes, the fencing, and any other construction issues that may arise in the interim. Chairperson Stamp: What about the HOA joining the underlying lawsuit, switching from being a defendant to a plaintiff? Mr. Woods: We have been encouraging the HOA's attorneys to do so. They just haven't quite gotten there yet. There is intent to go that direction. The nonbinding arbitration got moved. It is now February 28. It probably needed to be moved because we need some discovery. On Monday I will be deposing another one of the Taylor Morrison Board Members. I forget his name, but after speaking with some people, we felt he would be a good person to call for his deposition based on the information we are trying to elicit. We will take that deposition and then Taylor Morrison has designated Barbara Kininmonth, their President of the local branch here, as their corporate representative, and then they also named their outside attorney as their corporate representative on some of the legal issues which is somewhat unusual, but we will have those depositions coming up as well. Hopefully, we should have them all done ahead of the nonbinding arbitration,so we can put that information in front of the arbitrator. Mr. Miller: Do you think we are still on target for May? Mr. Woods: We are currently, I believe, on the end of June docket. He discussed the difficulties in scheduling due to COVID. Based on other cases I have in the pipeline, my best guess is June might be optimistic. Chairperson Stamp: I want to point out a couple things from Drew Millers'deposition. He was very candid in that they never intended to honor the permits. Their intent from the beginning was to give it to the CDD, the permits be damned. Keep in mind, he didn't know who his employer was or what his job title was. There were a lot of things he didn't know if you read the deposition. Mr. Miller: (Indecipherable). He did not know who his employer was. He did not know where his paycheck came from, and he did not know his title. Chairperson Stamp: In fairness to him, I get that he was trying to draw distinctively that he didn't know if he was employed by Taylor Morrison Florida, Taylor Morrison Esplanade, or Taylor Morrison --, but he was being too cute in not knowing who he worked for. Discussion continued regarding Drew Miller's deposition. Mr. Bhatla: What's the implication of these two people who are being presented, the VP and the other? These are the additional people that we are going to depose? Mr. Woods: We can ask for the deposition of their corporate representative. The corporate representative's testimony on a specific topic can bind the company. For instance, Drew Miller testified, but this is just Drew Miller as an individual testifying. You want to bind the company on its specific legal positions for the case. But they are entitled to decide who they put up as their corporate representatives, so they split it into two. 6JPage 16I1 Flow Way Community Development District January 20, 2022 Mr. Bhatla: I think that's a good move because I've gone through the deposition and Drew gives the impression that basically the permit exists, but it doesn't mean anything. That was his attitude. Chairperson Stamp: They were doing us a big favor. He made that very clear, that we should be eternally thankful for them giving us a debt. II. District Engineer-Calvin,Giordano&Associates a. Preserve Tree Removal b. Strategic Operational Plan c. 20-Year Stormwater Needs Analysis d. USGS/SFMWD Surface Recorder Mr.James Messick: I have five things to review with you. Number 1 is Preserve Tree Removal. After our submittal to the District,South Florida Water Management District, Mike Connor met with their Staff to review the submittal and trees that were requested as the priority to be removed. That took place on January 13. After the visit, I spoke with Mike and there were some conflicting opinions about trees and Mike is going to revise those priority trees so that it is acceptable to the District to get approval from them to be removed. He is in the middle of revising his plans. Chairperson Stamp asked if the safety hazard the trees presented was discussed. Mr. Messick: Yes. If it's 35 feet off of the path, and it is a 32 foot tall tree, Mike may have pushed a little bit to have that tree removed, the dead tree. Another thing that they brought up was that they expected the trees they did approve to have the top half of the trees removed while the bottom half of the trees would be left in place (if it weren't a safety hazard) in case there were woodpeckers or other types of birds who might want to use those trees as a habitat. Mr. Bhatla: Who is the approving party on that? Mr. Messick: South Florida Water Management District. They have an environmental department that he met with, and they went and looked at all the different trees. 1 would like to note that the prices we gave you were just to cut down the trees; that's what we've done in other communities. Their request to cut down a portion and actually remove the portion, would increase the cost for those trees, but it may be offset by the fact that not all of the trees were agreed upon,so there may be less trees, but more cost per tree. We will have a revised budget and approach once we have a revised plan submitted and approval from the District. Mr. Bhatla: Removed to where? Mr. Messick: They would have to be removed offsite and be disposed of. Mr. Bhatla: Why? Can't we just ask the Authority to drop it there in the preserve? Mr. Messick: I think it causes a threat if there is a forest fire and there is a lot of kindle and other trees that are dead and just laying around. They want it removed out of the preserve. 7IPage 16 I 1 Flow Way Community Development District January 20, 2022 Discussion ensued regarding leaving the cut tree portions onsite;the potential problems the trees could cause by impeding water flow and providing fuel for forest fires; and the existing dead trees in the preserve area already being fuel for fire. Mr. Messick: Item number 2 is Strategic Operational Plan. I want to give you an update on the items we are currently working on. We have approximately 90% of the assets investigated and have performed several site visits to evaluate those assets and the draft report is being prepared. Some of the deliverables I've noted. Last month we gave you the 2021-2022 fiscal year budget. We are working and trying to finish the draft budget for fiscal year 2022-2023 by the end of this month. We are about 25% with the 5 year CIP program (capital improvement program), and we are almost complete with the lake bank slope erosion report and the asset evaluation report. Those are being finalized hopefully before our next Board meeting. We have secured vendors for various assets. I've gone through and listed those; under the lake maintenance we have Ecologic Services for aquatic lake and wetland plant maintenance; under landscape maintenance we have Estates Landscaping Lawn Management which is for the interim planting and the First Class Pools which is the main entry fountain. The Everglades Pine Straw, the mulching is still under negotiations. For the irrigation pump station, we have both Metro Pumping Station and MRI undergoing services for their respective maintenance and treatment programs. Mr. Bhatla: Is that all under the permit? The improvements we are making? Mr. Messick: All the vendors are to maintain the various assets. We are not making any improvements;we are just maintaining the existing assets we have. Landscaping, the pumpstation, etc. those are the vendors we currently have,and we are in negotiations and have actually prepared P.O.s for this fiscal year. Mr. Bhatla: Is that at the entrance? Mr. Messick: Yes. Primarily the landscape buffers are on the south side and at the entrance. The next item I would like to present is the 20-year Storm water Needs Analysis. Based on recent Florida legislature, there is a need for a long term plan in process for storm water and wastewater. Obviously, wastewater is not applicable for Flow Way. Per section 403.9302 Florida Statutes requires a 20 year Needs Analysis for local governments. That includes CDDs providing stormwater services. The analysis will be completed by June 30,2022 for the first round of the Storm water Needs Analysis. CGA has reviewed the template and prepared the analysis of existing storm water management system. A lot of the items included in the previous item, Strategic Operational Plan, will be incorporated into this template and the draft will be provided to the District Manager by March 2022 for review. Attached in Exhibit 3 are the memorandum of Stormwater Needs Analysis and the template worksheet that we will use. Chairperson Stamp: Okay, want to talk about the Service Recorders? Mr. Messick: We got the revised draft agreement approved at the last supervisor meeting and the District Manager signed fully executed agreement was sent by our counsel to USGS and South Florida on January 12, 2022. As stated before, this program is intended to be completed this Fiscal Year,so our ability to work with them cooperatively was much appreciated. Mr. Bhatla: What are we doing here? Is this the USGS station you were talking about? Wage 16 1 1 Flow Way Community Development District January 20, 2022 Mr. Messick: This is the surface water recorder. It is a gauging station they will use to update their water models. We do not maintain it. It is fully owned and operated by them. It's just on our land. Chairperson Stamp: It's powered by a solar panel and is way off in the northwest corner of our property in the preserves. Mr. Bhatla: What is our role in that? Chairperson Stamp: We just have to approve them placing it there. Mr. Messick: The fifth thing I wanted to discuss was the South Florida Water Management Consumptive Use Permit Transfer. We are currently investigating and preparing documents to transfer that, and supervisor Bhatla had requested public records from South Florida that we are currently waiting on. They actually just replied to me requesting a fee of$74.40 that we have to pay them to get the public records released. Mr. Bhatla: I think we should spend the money and also, I would recommend we have a pre-permit application meeting with the Agency. It usually avoids a great deal of revisions and going back and forth, and you understand their intent,and they will provide direction on how much work is involved. You want to minimize the amount of work and establish an understanding because it is so important to get your water permit. It is very customary to do that. Mr. Messick: That is something we can perform and attend with you or by ourselves and then we can— Mr. Bhatla: I think we need the owner present there, in other words the CDD. We are the owners and I think we'd like to be there. I will volunteer to be there. Chairperson Stamp: We have a visitor who has a comment. I would like to go out in the preserves and see them. I don't want to set up a special visit, but if one of the vendors, or yourself, is going out there and has room on a gator or something, I would like to go out and see the place. I think some of the other members might like to go, but we cannot go together because then it becomes a public meeting. Mr. Marty Tepero(ph): I am noticing a very large imbalance on the height of the lakes, depth of the lakes, particularly if you look behind (indecipherable). The lakes there are lower than I have ever seen in my life and here it is only mid-January. I'm wondering, does anybody come out and look at this and monitor the lakes and walk the area to see the imbalance? Mr. Messick: There are monitoring wells that we can refer to on a quarterly basis if we can get our hands on the report to get some historical water level elevations, but those are primarily not in the lakes, but in the preserve areas. I can certainly talk to my Staff that's out there in the field and get their opinion about the water levels, but we have not been the District Engineer for more than a year, so we don't have the experience that you may have been here for four years. We have only been through one dry season. This would be our second dry season. But if I can get my hands on some of those water table monitoring reports, then I can look back at years past to see where we are at and see if there is any historical significance with the water level. 9IPage 16l 1 Flow Way Community Development District January 20, 2022 Mr. Miller: It might be a good thing if we could identify the lake he is referring to and then it is my understanding that all the lakes are interconnected with pipes,so the levels of all the lakes, with one exception, should be the same. If the water level on one lake was not the same, that might be an indication that we have a clogged pipe. Chairperson Stamp: Jim, it might be worth looking at the pipe to see if any interconnects are not working. Marty is going to send pictures and I will forward them on. Mr. Messick: If we can identify the exact location that would be great. Mr. Miller:(Indecipherable). Chairperson Stamp: I explained to Marty when he came in, if you have specific questions on specific agenda items,just get my attention;otherwise, there will be a public comment period at the end. Mr.Jordan Ball:(Indecipherable). Chairperson Stamp: Jimmy can you hear the questions? Mr. Messick: No. You will have to paraphrase what he's asking. Sorry. Chairperson Stamp: They are concerned about the lakes, the littoral plantings in them, and now balls are getting lost in the littorals. Mr.Jordan Ball:if you go to any other driving range with a lake. The edge of the lake banks is clear. You can walk right down. It's sand, but here we don't have that luxury, so we lose—as fast as we can put golf balls into circulation, we lose them. Not to mention (indecipherable) we have a boat they go out on, but because the littorals are so thick, and with the drop-offs, they can't get the balls, so we have a big problem with members not having golf balls, and with the supply chain issues currently we can't buy golf balls. At this rate within the next couple of weeks we are going to be totally out of golf balls. Mr. Bhatla: Do you have a suggestion? Mr.Jordan Ball: I do. My first suggestion is,long term suggestion, how can we along the lake banks, get rid of the vegetation? Is there a certain percentage of lake bank planting that needs to stay? If that's the case, can we clear out the driving range lake and count the other lakes at the percentage? If not, is there an opportunity for us to put a boom in it which is a floatation device which contains the golf balls. A short discussion ensued regarding the driving range which was (indecipherable). Mr. Messick: I can speak on this. I did talk to my environmentalist about littorals and whether or not we can modify them. The approved South Florida permit has littorals on the aqua range, primarily on the south side of the lake and the kind of wrap around the east on the preserve and the west on the flow way. It does not creep along the east and west sides of the lake and there are no littorals required on the north side of the lake immediately adjacent to where they are driving from. 10IPage 16I14 Flow Way Community Development District January 20, 2022 So, we can move littorals, we can shift littorals, as long as we keep the minimum linear foot of required littorals in that lake preserved, we don't have to go back to the District. It is all a maintenance issue. We can cut down littorals and replant if you want to move them to a different area. There are certainly things we can look at to try to make it easier with your operations at the driving range,so you don't have problems retrieving all the golf balls being hit into the lake. Mr.Jordan Ball: Would it be possible to set up a meeting for myself and Joe to meet with you in the near future to look at that in detail and come up with an Agenda, and if that is the case where we have to have a certain percentage of littoral on the driving range lake, we could at least identify that and then get with the HOA Board on putting a boom in to eliminate golf balls from getting into the littorals. Mr. Messick: The first thing I can do is prepare an email and send it to the District Manager to coordinate with you and I can show you where the littorals are permitted. If there are littorals in other areas,you can remove them as long as you keep the permitted littorals in the permitted areas. If you want to meet on site to look at them in more detail, I can certainly meet with you myself or as I said, I have Staff that's out there every week and are more familiar with the lakes and lake banks and they have don't a lot of the strategic investigations of the assets for the CDD. Mr. Jordan Ball: Once we identify that area, is there any CDD restriction on us putting in a boom, which is a floatation device? Mr. Ward: That would need to be permitted. We need to give you permission to do that, which I don't see being a problem, but you have to go through the process. Chairperson Stamp: The only problem I see here is "quick." I don't know what quick means. (Indecipherable). We can meet quickly but reaching a solution— Mr.Jordan Ball: Understood. Mr. Kleck: Does every lake have the same percentage of the among of littorals that they are supposed to have? Mr. Messick: Not the same. In fact, there is an interior lake, I believe someone got up and spoke about not have any littorals before, and that lake does not have any required littorals. There never was supposed to be littorals in that lake. We can certainly add littorals to that, but there was a zero percentage on that lake and there are other lakes that have higher percentages. The average littoral percentage is anywhere from 30%to 50%depending on the lake. Discussion ensued regarding littoral percentages in lakes; the lake without littorals; helping to get the driving range lake littorals to a manageable level;the CDD's budget limitations; and the cost of moving littorals. Portions of this discussion were (indecipherable). Mr. Miller:if a lake only has 25%littorals planted. If that's the case, I think what I'm hearing, what they would be asking, is much less than removing 25%. If it's only a 25%requirement, we could help them achieve their objective easily by removing littorals in the places where balls are found. This whole matter came to my attention a couple of weeks ago. I don't use the range, but I'm hearing other people whining about the lack of balls. There just aren't any golf balls to hit at that point, and 11IPage 16I 1 Flow Way Community Development District January 20, 2022 one thing led to another. I had a tour which was quite interesting, I learned a lot. The guy in the boat was trying to net balls and that wasn't working. There was another guy on the north shore taking them out one at a time,dodging the people on the range hitting balls right at them. I wouldn't want that job. I do fully support doing what we can for them quickly. (Indecipherable). Perhaps we don't know what the real critical need is, or top two critical needs, and assuming we can remove the littorals,finding out how much that might cost. Are we talking$5,000 dollars, $10,000 dollars? We can come up with that kind of money. We as a CDD must do things (indecipherable) and should want to do things to help the community. I would prefer postponing the$7,500 dollar tree cutting and spending$7,500 dollars to pull the weeds out of the lake. I haven't heard a single person say, Ron, when are they going to cut down those trees? I've only heard complaints about the range. Mr. Bhatla: I want to propose that we should assign somebody through Jimmy who can go ahead and prepare a sketch, etc., of the project we need to do and that could be the basis, but I think this seems to be urgent because if we don't do this, we'll have a lot of unhappy people. I think we need to attempt this,Jimmy, as quickly as possible. Chairperson Stamp: I have heard a couple of complaints, but more because the trees are ugly, but it is certainly not a predominant theme out there. Jimmy will be in touch to set up a meeting. Mr. Bhatla: Hopefully the problem will be resolved inside a month. Chairperson Stamp:If we are going to do that, we need a process to do that, and we need a budget to do that. Mr. Bhatla: So, we need a definition of the problem and the amount involved, and then we can act. Mr. Ward: As Ron indicated, he did bring this to my attention a couple of weeks ago. I have gotten CGA involved in the process to determine what we can do and how quickly we can do it within the constraints of our existing budget, and then to the extent it's not in there we would have to figure out what the cost is going to be, whether we can afford it etc. I clearly have the authority to do that outside of the Board Meetings and will continue to move forward and do that process. If it's out of control and the number is not fathomable, we will have to come back to you, but it is on our radar. Mr. Miller: What is your authority level in spending money without Board approval? Mr. Ward: Within the constraints of the budget, I have authority to do so, but the budget is kind of a hot mess at the moment. We are going to go through that in a minute. I can move things around as I deem appropriate. Mr. Kleck: Jimmy,if you meet a few guys from the golf course,are you able to give them an estimate of what they want to have done would cost? Mr. Messick: Yes. Ill. District Manager—JPWard&Associates, LLC a. Review of Operations Financial Position—Remainder of Fiscal Year 2022 b. Review of Questions and Answers to Audience Questions from the December 16,2022, meeting 12IPage 16I1 Flow Way Community Development District January 20, 2022 c. Financial Statements for period ending December 31, 2021 (unaudited) Mr. Ward: I provided to you our current fiscal year 2022 operations. From an overall perspective, we have roughly$753,000 dollars in our budget for our entire operations during the current year. Of that$753,000 we are anticipating using about$150,000 dollars of existing cash to fund it. Taking over the operations of all of our assets, you will see in the estimated expenditures out, they include the lakes, the MRI cleaning, the landscaping for(indecipherable)as you come into the community, the irrigation, a little bit of a contingency, and we have also identified in the last two months alone extra items that have come to our attention as items that should have been repaired in the past,but haven't been repaired, like the video of the drainage pipe, the structure repairs and broken pipes, the entrance (indecipherable) which were partially inoperable, and the preserve tree removal. In total, in just what we know today, there is$1,172,000 dollars in anticipated operating expenditures through September of 2022. That simply means there is not enough cash in the bank to fund this entire operation for the balance of this fiscal year. I put together items that either can be deterred or not done in the current year, including your preserves and all of the extra items that we have identified to date. Even doing all the operations excluding program reductions, by the end of this year, I anticipate our cash balance to drop to $82,000 dollars. That is insufficient to fund the operations in October, November and December. Just doing normal course of business for that time period would be roughly$203,000 dollars in operations. If we are going to continue down this road, clearly all the extra items we cannot do. The preserve item we can defer the decision on doing that but based on the purchase orders we already have written, in order to do the landscaping, doing the preserves in June is not something I think we are going to be able to do at this point. I will continue to update this for you as we go forward through each month. As I mentioned to you, it seems like every time we turnover a rock something new pops out that we did not know about and it's not a $2,000 dollar item, it's always a 5 digit number item we have to deal with. This is the state of financial affairs that we are in at the current time. Mr. Bhatla: You made a comment about the already purchase orders relative to the preserve that you can't implement. Is that what you said? Mr. Ward: Yes. That is what I said. In order to handle the standard operations for lakes, landscaping, irrigation system, there won't be sufficient funds, I don't think, to do the preserve maintenance item that is normally at this sum. I'm going to caveat, "I don't think,"because we will know that in a few months when we get there. The number may not be$250,000;it may be another number this year. It does seem to be going down on a yearly basis in terms of what we are actually spending to do the maintenance, but it's a decision we will have to make in two months. Mr. Miller:do we have the authority to borrow money? Did we think about getting a line of credit to get us through this time? Mr. Ward: I have been reaching out in the last three or four weeks to numerous professionals that I know that would know, and there are only two that I have come across:Synovus is one bank, and I forgot the name of the other bank. I will be reaching out to them, but it's unlikely that we will be able to do that, but it's something I want to try. No other banks I have found do that. Mr. Miller: Is it reticence on the part of the banks? 13 I P a g e t6I1 ' Flow Way Community Development District January 20, 2022 Mr. Ward: The reticence is there is no security for the pledge of the borrow. It's like a bond anticipation note. The pledge is you would be required to levy an assessment next year to fund the repayment of that note. You can't guarantee that right now because you haven't gone through the public hearing process,you haven't levied the assessment. It's a chicken and egg thing. Mr. Miller: It might take some creativity,but don't we have substantial deposits with several banks? Mr. Ward: All of the money that we have, which is millions of dollars obviously, is in trust accounts or pledged to the bond issues. Those cannot be pledged for any other source. The only money we have is our cash account which as I said is$350,000/$400,000 whatever the number may be, but it's not enough to pledge what I know we are going to need. But I still want to proceed and figure out if a solution is discoverable, but I am not optimistic at this point. Mr. Bhatla: The implication is,if we don't do the maintenance of the preserves, we have internalized the problem it seems to me, through lawsuit and we haven't brought the Corps into it, at least informing them that we have this conundrum. We have to solve it because if in future they apply a fine etc., part of the consideration of this is that they will say you never informed us about these issues. We need to bring them in and share our problem, and I think they will understand about the delay. Also, I think we need to bring to the surface that we have to explain to the court what has happened. We have assumed responsibility without the funds, and we are unable to do this. What is their take on it? We don't have a downside on that. We are involved anyway. We have to get it done. But I think not to inform the regulatory agency and internally just deciding we will delay—we need to be transparent. Everything we do is essentially transparent. I propose we meet with the Corps,and the theme is the permit application because that permit also has to come to us eventually. The court indicated there is no need to make a transfer at this point in time because they were concerned about the success on the part of Taylor Morrison, so they might have some comments, and they might call Taylor Morrison and say hey guys, we want to do this, that or the other. I think we need to bring up the problem in the open and not just internalize it. By internalizing I mean is we are trying to recover the fund through our lawsuit, but the agency is controlling us, and we are not informing them of what's going on. I don't think it's a good idea because when push comes to shove if there are any penalties, one of the considerations is cooperation and information sharing. We don't want to fall into that because everything we do is— Chairperson Stamp: I don't think anybody here would disagree with that. The problem is we've asked the Corps for a meeting, and they haven't given it to us. We could ask again. Before the lawsuit was filed, we asked. Mr. Bhatla: They won't meet with us? Mr. Woods: If you approach them as a preapplication meeting and then perhaps I could bring a letter with deposition excerpts. Mr. Bhatla: We do the preapplication meeting. They may say no, no, you can't do this etc. I think I'd like us to approach them, if you think it's alright, not on a legal basis. Because the protocol is, if you bring your attorney you have to inform them,and they bring their attorney,and the conversation will be different. We are speaking of preapplication requirements, etc., so at least we get some feedback. If you like, I think we can approach them. 14 I Page t611 Flow Way Community Development District January 20, 2022 Chairperson Stamp: Who do you mean by"we?" Through Jim? How do we approach them? Mr. Bhatla: I think through Jim or us. We make a call as a CDD and ask. They may say write a letter in this form and then we'll respond. I don't think it hurts anything. Chairperson Stamp: I don't think it hurts anything, but two concerns come to my mind. As individual board members we don't really have the authority to do anything. It doesn't mean we can't reach out. The other thing is, would that come back and bite us in the lawsuit. That's my two concerns. Mr. Woods: It could be beneficial to have an open frank discussion. I just worry if they ask hard questions and then take a different— Mr. Bhatla: Like what? We just are playing the game. Mr. Woods: Well, let's not play a game because I'm tendering legal advice here. Chairperson Stamp: You are also on public record. Mr. Bhatla: lam asking what is the potential downside? Mr. Woods: I don't want to explain the downside on the public record. Chairperson Stamp: When I say you don't have any authority, it does not mean you cannot act. It just means you cannot act with any authority as an individual member. It doesn't mean you can't meet. You can meet and say you're a member of the board,you just don't have the authority to bind the board. Mr. Ward: I must support Greg in this. It's really difficult to know what the Corps is going to do, good or bad. And if you anticipate what they normally do as being more bad than good to start with, I would be very careful of calling or setting up appointments or doing anything with respect to —I think you could look at this permit to begin with. If you don't do the maintenance, all it really does is extend your maintenance program another year or whatever time needed to meet the success criteria. I don't think it's a particularly onerous decision to defer it. It just extends the time period you have in order to do the maintenance. I would tend to be really careful, especially because we are in litigation, about doing anything at the Corps level. Mr. Bhatla: I view this in this way, that we are not a party to the permit. We are by implication, by default we took ownership, and we assume we are the permit holder. We are not the permit holder. The Corps,I think,assumes that anybody they gave the ownership to, they give them the funds. That is how I think the discussion—as long as we don't do anything legally with the Corps, then technically are not going to be involved. Chairperson Stamp: Question for legal counsel:Is the ability for the court to come to a decision, isn't that information going to come up in the trial that we got more than we can chew so to speak, and we got property that never got funded for? Won't that come out in the trial? Mr. Woods: That will come out in the trial, but the Corps is not a participant in the trial. We have sent the Corps a very lengthy detailed letter on the position and the fact that there is no escrow fund 15IPage 16 1 1 Flow Way Community Development District January 20, 2022 and all. The Corps is aware of that. The Corps has previously made several determinations in our favor, but Taylor Morrison tried to modify the permit to basically pass it off to us and the Corps said no, you are not going to modify the permit at this time. So, Taylor Morrison is still on the block. In response to what Jim said, delaying the success criteria, I don't think the Corps will let Taylor Morrison off until the success criteria are met,so that keeps Taylor Morrison as permittee out there. I believe we should, perhaps after depositions, we may want to send supplemental correspondence to the Corps just on some of the information we have gleaned. I don't know if you want to push them to make a decision now, but you want to keep them informed and let them know what's going on and that there is still no escrow fund and there might be a mention about our budget. Chairperson Stamp: Is there anything to telling Taylor Morrison you are still the permittee by the way, and we are not going to fund this. Mr. Woods: Taylor Morrison is probably aware of it. I bet Taylor Morrison pays attention to our meeting minutes. I think they are aware of the situation we are in. Mr. Miller: Leaving this to the judgment of counsel, if there came a point in time, we might want to try an innocent communication with the Corps, I could be used as a vessel to do so as a citizen and not acting on behalf of the Board as I have had conversations and several pieces of correspondence before this thing really took off. Mr. Woods: I could have a discussion one on one with you about timing and when a good time might be to do that. Mr. Miller: The trust funds we have for the debt, they are on deposit with some bank or banks. It would seem they would probably like to give us a line of credit. Mr. Ward: The trust bank is U.S. Bank,so most of these other banks, most of the trust departments in these larger banks over the last few years have been sold off There are not many of them left in this state. As a matter of fact, our Florida U.S. Trust and Wells Fargo are the only two left. And Wells Fargo just sold theirs to some Hedge Fund. That is an opportunity, but it's not a strong opportunity, but it's something I could explore. Mr. Bhatla: What about our reserves? Do we have reserves? Mr. Ward: We have no reserves, so to speak, in our operations. None whatsoever. What you see in reserves is only for our bond issuance. Chairperson Stamp: You are saying to fully be funded and get caught up we would basically have to do another$250 dollars per door basically for the preserves? Mr. Ward: Correct. Chairperson Stamp: And our current ballpark assessment per door is about$2500 dollars, so we would be talking about going up to$2750 roughly? Mr. Ward: Correct. 16IPage 16I1 'a Flow Way Community Development District January 20, 2022 Chairperson Stamp: But that doesn't take into account any of the other lakes,fencing, any of the other hiccups, and if we wanted to fully get caught up next fiscal year with all the deferred maintenance that we are aware of, and who knows what tomorrow is going to bring, what size increase in the assessment are we looking at? Mr. Ward: I will not know that for another 45 to 60 days, until the CDD finishes the operating budget for 2021-2022 and we identify where all the deficiencies are, and then we can plan them out. Chairperson Stamp: But if you don't plan them out and just say we are going to do it all in one year Mr. Ward: I don't know because I don't know the number. For example, we know the lake banks are in poor condition and there's hundreds of thousands of dollars there. We know the littorals need work. We know a lot of things that need to be done, we just don't know the value of all of that yet. Chairperson Stamp: Would$1 million dollars be a ballpark figure? Mr. Ward: I think that's a good ballpark. Chairperson Stamp: That would be basically raising everybody's assessment from $2500 to$3500 or more roughly. That gets us caught up in one year and it could go back down after that. Mr. Kleck: That could be a one-time assessment of$847 dollars per door. Mr. Miller: There is no such thing as getting caught up. We will be doing this every year. Frankly I would be opposed to paying$1000 dollars for a catch up which wasn't going to catch anything up as opposed to assessing someone with a slow increase. Discussion continued regarding the assessment. Mr. Ward: The operating program numbers are a good quarter million dollars below where they really are, so you've got$250,000 dollars to$300,000 dollars more per year coming online just to do your operations,plus to do the capital over a period of time, and then that is a recurring program that you do every 3 years, 5 years, whatever it may be and that's another$200,000 to $300,000 dollars, so I'm guessing$1 million dollars is not out of the ballpark. It's probably going to be that, but it's going to go up and$100 dollar increase is not going to cut it. Chairperson Stamp: We are talking serious numbers here. We are talking $250 to $500 dollars minimum for next year. It could be more. I just want to get that out there so people can start to understand. Mr. Ward: The only other thing I have for you, I sent you under a separate cover, I did a memo that outlined the questions that you asked from the residents last month and what my answers are. I will just quickly go through those with you. Our fiscal year is set by statute from October 1 through September 30; no changes need to be made to that. Our bonds have a call provision and can only be refinanced in the call provision. The first series of bonds would be the year 2013 bonds and the refinance is for December 2023. They are at 645 for an average coupon, so we will be able to do that refinancing a few months before December of 2023 and we will start in January of 2023 to do 17IPage j61 t Flow Way Community Development District January 20, 2022 that financing. I gave you a schedule for when the refinancing dates are for the remaining bonds. The question asked about election of the board members, obviously you know you are elected by landowners when the District is established and after a specific period of time you transfer to qualified electors. That means all of you who sit on the board now, and which will forever sit on this board, must be citizens of the United States, residents of the state of Florida, and a resident in Flow Way CDD who has registered to vote with the supervisor of elections here in Collier County. Those are the requirements. The concept that someone outside of this District could be a board member is not going to happen from this point forward. Somebody asked about termination clauses in contracts. We do have termination clauses in contracts or purchase orders as we deem appropriate. They are relatively strong. The Hatcher property does pay assessments for operations. Obviously, the District did not fund this with any of its capital infrastructure, so as a result there is no capital infrastructure, and as the auditor mentioned, we lowered our bonds by$1,075,000 dollars due to redemption of bonds for the capital which was supposed to go into the infrastructure. Mr. Bhatla: We are electors. When the CDD was created, electors were the people who own land. Mr. Ward: They are called landowners. Mr. Bhatla: After everybody buys residences, is it landowners then? Mr. Ward: Not landowner. To register to be a voter in the state of Florida, or anywhere else in this country,you have to live in the geographic location. You can be a renter, but as long as you live here and are registered to vote in the county where the agency is located, then you can sit on a particular board, county commission, city commission, whatever it may be. That is what you have here. Mr. Bhatla: I was interested in the creation of the CDD. How in this case, could Taylor Morrison, they were the landowners, so they put everybody on the board? Is that the idea? As we have residential people come in, then they can become also electors, right? Mr. Ward: Yes, they become electors. The minimum requirements are 6 years from the date of establishment and 250 qualified electors within the District. SEVENTH ORDER OF BUSINESS Old Business Future Funding of Preserve Mitigation and Maintenance Chairperson Stamp: We may as well take this off here going forward because it's going to get rolled into the budget issue. EIGHTH ORDER OF BUSINESS Audience Comments Audience Comments: Public comment period is for items NOT listed on the Agenda, comments are limited to three (3) minutes per person, assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes Chairperson Stamp noted there were no audience members left in attendance. He asked if there were any additional comments or questions from the Board Members;there were none. 18 I Page i6 I 1 Flow Way Community Development District January 20,2022 NINTH ORDER OF BUSINESS Announcement of Next Meeting Announcement of Next Meeting—February 17,2022 TENTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 2:40 p.m. ------------- On MOTION made by Mr.Tom Kleck,seconded by Mr. Ron Miller,and with all in favor,the Meeting was adjourned. Flow Way Community Deve <pment District James P. ard,Secretary Zack Stamp,Chairpers 19lPage ‘43.5 -yJcit Pis RTOFTHEUSA TODAY NETWOR1c Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWA RD &ASSOC LLC 2301 NE 37TH ST NOTICE OF SPECIAL MEETING FT LAUDERDALE, FL 33308-6242 FLOW WAY COMMUNITY DE- VELOPMENT DISTRICT The Board of Supervisors of Affidavit of Publication the Flow Way Community STATE OF WISCONSIN De- velopment District will hold a Regular Meeting on Thursday, COUNTY OF BROWN December 2, 2021, at 8:00 A.M., at the Esplanade Golf and Country Club, 8910 Torre Before the undersigned they serve as the authority, Vista Lane, Naples, Florida 34119. personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News, a The meeting is open to the public and will be conducted daily newspaper published at Naples, in Collier County, in accordance with the provi- Florida; distributed in Collier and Lee counties of Florida; sions of Florida Law for Com- munity Development Districts. that the attached copy of the advertising was published in The District fully encourages said newspaper on dates listed. Affiant further says that the public participation in a safe and efficient manner. Toward said Naples Daily News is a newspaper published at that end, anyone wishing to Naples, in said Collier County, Florida, and that the said listen and participate in the meeting may do so remotely, newspaper has heretofore been continuously published in via the WebEx.com weblink said posted to the District's website www.flowwaycdd.org Collier County, Florida; distributed in Collier and Lee .A copy of the agenda for the counties of Florida,each day and has been entered as meeting may be obtained from the office of the District second class mail matter at the post office in Naples, in Manager, JPWard & Associ- said Collier County, Florida, for a period of one year next ates LLC, by calling 954 658 4900, email JimWard@JPWard preceding the first publication of the attached copy of Associates.com or on the Dis- advertisement; and affiant further says that he has neither trict's web site at www.floww aycdd org at least seven (7) paid nor promised any person, or corporation any discount, days in advance of the meet- rebate, commission or refund for the purpose of securing ing. this advertisement for publication in said newspaper The meeting may be cancelled issue(s)dated: or continued to a date, time and location specified on the record at the meeting. In accordance with the provi- Issue(s) dated: 11/22/2021 sions of the Americans with Disabilities Act, any person re- quiring special accommoda- tions or an interpreter to par- ticipate at these meetings should contact the District at Subscribed and sworn to before on November 22,2021: (954) 658-4900, at least five (5) days prior to the date of the meetings. If you are hear- ing or speech impaired, please contact the Florida Relay Serv- ice at 1-800-955-8770, for as- sistance in contacting the Notary, S ate of W, unty of n District Office. If any person decides to ap- peal any decision made with respect to any matter consid- ered at these board meetings, such person will need a record of the proceedings and such 5./0 , 6 person may need to ensure that a verbatim record of the proceedings is made at their My commission expires own expense and which re- Publication Cost. $280 00 cord includes the testimony Ad No: 0005012160 and evidence on which the appeal is based. Customer No: 1305088 NANCY HEYRMAN Flow Way Community Devel- PO#: Flow Way CDD opment District • Notary Public James P. Ward, District Man- #of Affidavits 1 State of Wisconsin ageNovr22,2021 #5012160 This is not an invoice �. .. ..,. I611 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, December 16, 2021, at 1:00 P.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Tom Kleck Assistant Secretary Bart Bhatla Assistant Secretary Martinn Winters Assistant Secretary Also present were: James P. Ward District Manager James Messick District Engineer Greg Woods District Counsel Andrew Gill JP Ward and Associates Audience: Christopher Jackson Ms. Whitney Jackson Joe Sicliano (ph) All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Public Comments for non-agenda items (Limited to three (3) minutes). Individuals are permitted to speak on items on the agenda during that item and will be announced by the Chairperson. Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted, and all Members of the Board were present, constituting a quorum. SECOND ORDER OF BUSINESS Consideration of Minutes November 18,2021, Regular Meeting Minutes 1 ' Page loll Flow Way Community Development District December 16, 2021 Chairperson Stamp asked if there were any additions or corrections to the Minutes; hearing none, he called for a motion. On MOTION made by Mr. Ron Miller, seconded by Mr.Tom Kleck, and with all in favor, the November 18, 2021, Regular Meeting Minutes were approved. THIRD ORDER OF BUSINESS Consideration of Resolution 2022-1 Consideration of Resolution 2022-1, A Resolution of the Board of Supervisors of the Flow Way Community Development District approving the execution and delivery of an application to the South Florida Water Management District requesting a transfer of the existing Water Use Permit from Taylor Morrison to the District; (i) authorizing the District Manager to sign or execute such additional application documents as are necessary or required in connection with obtaining further approvals of any modifications to the water use permit Mr. Ward: In essence, in order to provide irrigation water to the community, there is an existing water use permit with the South Florida Water Management District that authorizes the withdrawal of that water in order to irrigate the community. As a part of what we were doing in terms of transferring those assets that were in with the maintenance of the homeowner's association to the CDD, one of the things that Jimmy had looked at was the existing South Florida Water Management Use Permit that is in place. That permit is in the name currently of Taylor Morrison. I believe it is set to expire 2025, so this item would be to authorize the Staff to effectuate the transfer of that permit from Taylor Morrison to the CDD. It is not urgent that it be done today, but it is something that at some point needs to be done. Mr. Bhatla: This is an opportunity to make any modifications we want to and approach the agency on that basis, and to understand if there were any compliance issues, any penalties, etc. I would propose that the engineer should advise us if we need any modifications. I propose that we meet with the agency. This is an opportunity to meet with the agency and establish a contact. Chairperson Stamp: Would it be your preference that we just delay this until January? Mr. Bhatla: I think we can wait and meet with the agency if we can get a date. Chairperson Stamp: Okay, we will defer this Item. FOURTH ORDER OF BUSINESS Staff Items I. District Attorney—Woods,Weidenmiller, Michetti,&Rudnick a. Arbitration Hearing-January 18,2022,at 9:30 a.m. Mr. Greg Woods: Arbitration was set in January. The other side has asked to potentially move it because we filed an action for the lakes and water retention system and fencing, so the court has 2IPage b11 " Flow Way Community Development District December 16, 2021 to grant us leave to add those points, and the hearing on that is January 12, so opposing counsel's position is, because it's now a part of the claim they want it to be part of the arbitration, so we are going to move with the other side and push the arbitration into February, so we have all our claims in front of the arbitrator before the arbitration. Discovery is going on. Mr. Stamp was deposed the other day. Mr. Ward has been deposed. We are taking Drew Miller's deposition on Tuesday. They also have a designated corporate representative from which we want a deposition before arbitration as well. Chairperson Stamp:Pursuant to the shade meeting, Tim Hall has been dismissed. Mr. Miller: Are Board Members allowed to attend that arbitration or would that represent a Board Meeting? Mr. Woods: That's the problem. I think you can only have a representative. Mr. Miller: I would volunteer to go, but if somebody would prefer for Zack to volunteer, that's fine. Mr. Woods: We have to have one representative of the Board in attendance. They can't make a final decision until the full Board approves. Chairperson Stamp: You expect this to take basically all day? Mr. Woods: Yes. It will be an all day affair. II. District Engineer-Calvin,Giordano&Associates Chairperson Stamp explained Mr. Messick was calling in for today's meeting due to an exposure to COVID. Mr. Messick: I want to mention that I found a separate water use permit for the Hatcher Parcel that is in Taylor Morrison's name. I'm going to get both of those over to Jim, and we can discuss them at January's meeting. I also reached out to South Florida Staff about some of the questions that our Board had. They forwarded my request on to public records and once we get a response from them, I will email that to you Bart. So, you see my current items are the usual suspects. The first is a Preserve Tree Removal. That should have been submitted. That's for the $7,500 dollars for the 30 trees in the top importance and then the remaining phases will be integrated into the strategic operations plans once that's been prepared. I think we have already pushed the first phase back into the next fiscal year, but we can go over that once we get more detail, and once we get approval from South Florida, we can decide on whether we want to take action on those trees or not. He asked if there were any questions;there were none. Mr. Messick: The next item is the Storm water Maintenance Plan and maintenance of the stormwater system. As requested, I got a proposal for Tying the entire stormwater management system, all the underground pipes. The copy of that proposal is attached in the exhibits. MRA gave us a price of$32,000 dollars. We still have the three structures that need additional work. We have included those three structures into our costs for the fiscal year 2022 and the Wing is not included at this time. Item 3 is the Strategic Operational Plan: We have gone through—we have started on—draft maps have been completed. I think they are working 3IPage 16I1 Flow Way Community Development District December 16, 2021 on the last couple. I have reviewed some of them and I would like to get those in your hands after the holiday break. I mean Jim needs to take a look at them first before we go to the Board, but we are working on evaluating, analyzing, the existing assets. We have reviewed approximately half of the assets; they've been investigated, and the next step is to assess and evaluate that inventory. The investigation is expected to be complete by the end of the month and we still need confirmation for maintenance and ownership of several of the landscape buffers and front area. I kind of put together some deliverables and percent completes. The fiscal year budget 2022 is attached and complete. We are working on almost halfway done, 40% complete,for fiscal year 2023. The 5 year CIP program is just getting started and is about 25% complete. The lake bank slope erosion reports are a little further along than 55%. We have completed and tallied all of the lake banks. We have approximately 77,000 lake bank feet in the lakes, and about 20,000 lake banks on the flow way. Together that's around 97,400 linear feet, about 18.4 miles of lake bank, that we have walked in the last couple of months. We will put that report together in January for Jim. Lastly is the Flow Way CDD Asset Valuation Report, an all encompassing report of the costs of the assets owned by Flow Way. I also included the revised estimates for operations for fiscal year 2022 and provided a table and definitions of those descriptions in that table. I am not going to get into detail on this, but I just wanted to give you a little snippet of what's to come. He asked if there were any questions. Mr. Miller: The littoral plantings that we see throughout the community, which have been expanding in the lakes, seem to have stopped expanding. Does it stop when it gets to a certain depth of water, or will those eventually encroach from shore to shore? Mr. Messick: No. they will stop. They only thrive in certain depths of lake area, so that they get enough sunlight through the environmental process of photosynthesis. They will spread all along the lake bank, and we try to keep them at bay to a point, but we do encourage those to protect the lakes, but you won't see them growing all the way across the lake. At some points we do try to keep the width of the littoral shelf limited so that you are not cutting away from the lake view that the residents have, but they are certainly there and a positive part of your storm water management plan. We want to keep a health amount there. Chairperson Stamp: I assume the exception to that is Lake 11 which is probably going to grow totally in with littorals or some kind of planting. Mr. Messick: Lake 11, as you know, they have proposed and constructed a littoral shelf for the southern half of that lake. During rainy season it will look like a wet marshy area, and during dry season it will be a littoral shelf. Chairperson Stamp: That's the one by the border of the Hatcher Property, Lake 11, the south end, we call it the mud pit. Mr.Joe Sicliano: What property does the CDD have control over? Looking at the map I couldn't find the lake behind my house. Chairperson Stamp: If you show us the map you are looking at, I'm sure we could get back to you. Give us your address and we can go look. 4IPage 16I1 Flow Way Community Development District December 16, 2021 Mr. Sicliano: It's very hard to identify which belongs to the CDD and which James P Ward, to the HOA. Chairperson Stamp: We have all the lakes at this point, so if there is a lake there, it is ours. It is our jurisdiction. Mr.Sicliano: (Indecipherable). Chairperson Stamp: That's a different question. Jimmy, did you hear that? Mr. Messick: No, you will have to repeat that for me. Chairperson Stamp: I think he would just like to have a better map that makes it clear which lakes are which, by number, so that it's easier for the residents to look at it and say I live on lake 2, or I live on lake 7. A better map than we currently have on the website. He would like the street names as well. Mr. Bhatla: Should we install signage at each of the lakes? We don't have signs there. Lake 2, Lake 7, so that it's easy to identify. Mr. Messick: I don't think signage at the lakes is necessary. We are working on CDD maps that we will provide to you, that you can put on your website, and they will be open for the public to look at and reference. They will be easy to read. They will have road names, and the lakes, so we can easily reference those moving forward. Mr. Miller: I agree with no signs. I think the people who would be looking at those signs would be unhappy. Chairperson Stamp: Did we get his name for the record? Mr. Ward recorded the speaker's name and address for the record. Mr. Bhatla: I assume that the inventory of the assets includes the groundwater wells and distribution system, and we are assuming responsibility of it. Mr. Ward: Correct. Mr. Messick: The last item is the USGS Surface Water Recorder Gauging Station Agreement. We discussed last month about receiving this and providing comments back to the District. They have modified it, and I have attached the agreement that I believe our legal team is in favor of and has accepted. If you could provide a digital signature or authorization for Jim to provide a digital signature, to get that back to the District, I would like to let them know we are on board for this coming dry season's installation at the location in our external preserves along our west property boundary line. Mr. Miller: One of your attachments was related to Taylor Morrison's original permit which shows quite a number of different items, like usages and permit fees, and I'm curious, were those SIPage 16I1 Flow Way Community Development District December 16, 2021 one-time permit fees that Taylor Morrison paid to get the permit? Or are these fees that are ongoing that we pay for the amount of water that we use? Mr. Bhatla: That is just a schedule, I think. Mr. Miller: Yes, but I don't understand what they mean. Were they original one-time fees or are they monthly or quarterly fees? Mr. Bhatla: Usually it is a one-time fee. I think it says we have to pay $300 dollars when we transfer the permit, but it is only a one-time fee. Mr. Miller: That's good. Ill. District Manager—JPWard&Associates, LLC a. Discussion of Future Operating Plans(Consideration of CGA Proposal) b. Financial Statements for period ending November 30,2021(unaudited) Mr. Ward: The revised operating expenditures for fiscal year 2022: Included in Jimmy's report was a chart that he and I both worked on with respect to the latest expenditure estimates based upon the fact that we have now terminated the homeowner's association agreement and that we have taken over the maintenance responsibilities for the assets that belong to the District. It is clear, what we had in the existing budget, and even in the higher budgets for operations, was woefully inadequate for handling what even the existing homeowner's association with resident control is paying for the operations and maintenance of all of those assets. The bad news is that there's about$700,000 dollars in expenditures that we will hit in operations only for the balance of this fiscal year. That clearly is over what we will have in cash at the end of the year in order to meet these operating expenditure requirements. At some point we will need to make the decision of what is outlined in this chart that Jimmy prepared for you for reductions in programs. The program reductions that I put in here are related to the preserves and obviously the drainage pipe video investigation for the year. As I said, that doesn't need to be made today, but that will have to be made. I want to point out to you also that our opening cash balance was $335,000 dollars when we started this fiscal year. If we expended all of the monies that are in this chart, we would be short over $200,000 dollars by September 30, so cash reductions, or reductions in certain programs, are going to be required at some point during the year. Even with the programs that are outlined in here, and the reductions that I anticipated, it is still going to bring our cash balance down to under$100,000 dollars with the reductions I've outlined, and that still doesn't meet our operating cash requirements going into the next fiscal year. So, this information I wanted to have available for you today. As I said, it is not urgent that we make decisions today, but going forward we are going to have to make some decisions on what to do. I will tell you; we do have under contract all of the vendors necessary to maintain the assets that are outlined here, and they have already started the work as of this point in time. Changes that we make going forward we will have to make over the next couple months or so. Mr. Kleck: What does our fiscal year end? Mr. Ward: October 1 through September 30 of 2022. Wage 16I 1 ' Flow Way Community Development District December 16, 2021 Mr. Miller: When I was looking at the financials, I was looking at the General Fund Balance Sheet, it has an item on there for $500,000-plus thousand dollars which has been designated as debt structure money, and I'm wondering if that is something totally obligated in order to fund the debt service or whether that is a contingency for debt service? Could some or all of that money potentially become available for the operating fund? Mr. Ward: Any of the monies that are in the debt service funds are for the bonds and are reserved solely for debt service. They can't be used for any other purpose. There are two basic accounts that we have in there. One is called a revenue account which is when the resident pays their assessment, that money goes in there to pay minimum debt service, and then there is a reserve account that is something you cannot touch. It is there in case of a default on the bonds, but it is pledged to the bond issue in its entirety through the life of those bonds. Mr. Miller: So, it will stay in the general fund, but it's not available for use? Mr. Ward: It's in what we call a debt service fund. It's available for use for principal and interest on bonds, but not for use in general operations. Chairperson Stamp: Clearly, we do not have to make a decision today. I would encourage people after the holidays to feel free to call Jim with specific questions or ideas, but with the responsibilities that Taylor Morrison has dumped on us for the lakes and for the preserves and the fencing and assuming the contracts from the HOA, we do not have enough money and some of these things are going to be cut. Whether we cut proportionately or we cut some of these out entirely, and what the consequences of those actions are, are things we are going to have to talk about going forward. Maybe in January or February. You have to present the budget June 30? Mr. Ward: I am required by law to present a budget to you no later than June 15. As I mentioned, I would like to get that to you no later than March or April. That gives us two or three months to go through the process. Assessment rates are obviously going to go up proportionately based upon what these new operating requirements are going to be. That's going to trigger a mailed notice public hearing to all residents on what the new assessment rates will be once we get to that, so I would like to have as much time as possible to get through that process before we have to finally adopt a budget generally by the mid to later part of August. Chairperson Stamp: If we did everything on here for next year what would that do to our rates? Mr. Ward: You are currently at$525 dollars per unit now. It's going to be$1,100 dollars to$1,300 dollars next year if we did everything based upon what I know today. Chairperson Stamp: So, we are going to have to talk about phasing some stuff in or doubling the rates. Mr. Kleck: The list of projects that we will be voting on to either cut or eliminate, will those be separated out so we can delineate which we need to discuss or how we are going to handle? Mr. Ward: Yes sir. We will do that for you. 7IPage 16I1 '4 Flow Way Community Development District December 16, 2021 Chairperson Stamp: Now that we are resident controlled, we can do that. We are going to do things in a little more democratic way. Mr. Bhatla: The landscaping at the entrance, we are planning on spending $108,000 dollars. Is that one time? That's pretty expensive. Mr. Ward: That is from basically December through September 30, 2022. A full year's budget will be slightly over that, but that's almost a whole year's maintenance program. Mr. Bhatla: You expect to stay at that? Mr. Ward: I expect it to go up in 2023 because this is basically only 11 months' worth of expenditures, so you are going to go up at least another month's worth of service, plus whatever the scope of service you all decide will be in 2023. Chairperson Stamp: You are going to see this chart several more times. There are going to be some choices that need to be made. Mr. Christopher Jackson: This is my first gated community. Is there that much disorganization for a community? I mean this community has been here for five,six years. Or is it just Taylor Morrison hand-over time and now things are hell in a hand-basket? Chairperson Stamp: I would say it's the latter. Mr.Sicliano: This just sounds like monetary disorganization, and I'm not an accountant, but it does not sound good for a resident who bought here and expects to live here for quite some time. Chairperson Stamp: Taylor Morrison clearly did not do much, or any, maintenance over the lakes, the fencing around the preserves, and they have thrown all that to us. The lakes are around $900,000 in things that need to be done, and there is $190,000 dollars' worth of fencing that should have been done. The south weir was in danger of being eroded away, and they just threw all that at us. Discussion ensued regarding Taylor Morrison's negligence and the lawsuit; needing to make decisions regarding the budget prior to resolution of the lawsuit; and Taylor Morrison having control of the Board upon creation of the community until recently. Mr. Sicliano stated he felt there should have been some due diligence by the Board prior to taking on this budget. Mr. Woods: You have to appreciate the size of this community and how many different issues there are, and then engineering reports take months. Once turnover occurs, then you have control of financing, and you have control of force. That's when you do the investigation and develop a final solution. Mr.Sicliano:(Indecipherable). Wage i 6 I 1 Flow Way Community Development District December 16, 2021 Chairperson Stamp: It's an automatic turnover. There didn't have to be an agreement. It wasn't a voluntary transaction. Discussion continued regarding the turnover of control from Taylor Morrison to the residents. Mr. Sicliano: This community, a lot of it is being run by corporate components, but you've got to realize there is also social political components, which is sticky and horrible and noisy, so my advice to both boards is when these things come up, give a foundation. Don't just say we stepped in the pond, and it was 10 feet deep, not 2 feet, so give us something on social political(indecipherable). Just communication. Ms. Jackson: I'm in Coach Homes III, turning over at the end of January, so I'm a member on the Board with Taylor Morrison, so I've had the exact problem you were saying. I have my list of things and I can't get anything done, and I'm trying to get things done before they turn over, but I can't get these things done. (Indecipherable). I tried to get things done but got the runaround from Taylor Morrison and trying to get things fixed. The CDD did the right thing and I appreciate that. (Indecipherable), but they still won't do it, I've documented this, but I'm in that same situation where I have no real power. So, I appreciate the situation you are in. FIFTH ORDER OF BUSINESS Old Business Future Funding of Preserve Mitigation and Maintenance Chairperson Stamp: Obviously, this gets rolled up in the budget discussions we are going to have. SIXTH ORDER OF BUSINESS Audience Comments Audience Comments: Public comment period is for items NOT listed on the Agenda, comments are limited to three (3) minutes per person, assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes Chairperson Stamp asked if there were any additional audience comments. Mr. Sicliano: I have some questions. The first thing is, the CDD, the budget runs from October 31 through October 31, correct? Mr. Ward: October 1 through September 30. Mr.Sicliano: The HOA, their budget runs from January 1? They are on a calendar budget? Mr. Miller: A calendar I believe. Mr. Sicliano: When it comes to money allocation to (indecipherable). Is there any way you can retro- settle this and then both entities (indecipherable) on the same budget? I know you have to work up a Chapter 190 and there just so much room you have for legal, but if you think about it, we are on two 9IPage 16I1 :. Flow Way Community Development District December 16, 2021 different budget years, and you have to make their projections. They have to make their projections. Your projections are going to over run theirs. They don't have any money set aside. Think about if it's legally possible to work out some sort of deal(indecipherable) the same budget year. Now is the time to do it, when it's in its infancy, before budgets start, and money gets put aside for (indecipherable). The other one is, and a lot of it is dealing with the process. The CDD is going to take over the operation, maintenance and care of many parts of this facility, so I would ask the CDD to come up with a preventative maintenance plan, in which you will identify all of your equipment, make, model, serial numbers, etc., and then share that with the HOA, so the HOA can see you are maintaining the assets. That's an important part. It's a big process. You can both work together. The HOA can — Taylor Morrison may still have this data — Taylor Morrison should have had a preventative maintenance schedule, but I don't know where it is. (Indecipherable). There should be some continuity of records. I'm going to tell you what the answer is: (indecipherable). They work for the HOA, but they worked under direction of Taylor Morrison. Mr. Kleck: I don't think so. (Indecipherable). Mr. Sicliano: (Indecipherable) with Taylor Morrison paying bills. Who paid them, Taylor Morrison, or the HOA? Mr. Kleck: I don't think— Mr. Sicliano: I'm not trying to sandbag it but look into it. Plus, (indecipherable) was here before, so technically there should be a lot of continuity of records with the ARC as far as what was approved, what wasn't. I suspect everybody is going to say I was just following orders and those records were left with Taylor Morrison. That's probably what you are going to get, but you should look back and talk to these people and try to maintain some continuity. The next thing, the budget: (indecipherable). Statute 190. You were issued these bonds which we have to pay off. What interest rate were those bonds issued at? Chairperson Stamp: It's about 4.5 across the board. Mr.Sicliano:(Indecipherable)reissued here? Chairperson Stamp: 10 years. Mr. Sicliano: Okay, so we have a little more time, but sometimes (indecipherable), we might want to refinance. Chairperson Stamp: We'd love to do it today. Mr. Miller: We are keenly aware of the refinance situation. The bonds have a 10 year call privilege like other bonds on the open market, so we cannot call those bonds for 10 years. We then have the privilege of refinancing. This Board is aware of that, and I promise you we will be on top of that. But I want to take it a step further in that there are probably five or six phases of bonds which have been issued and they can only each be refinanced after a 10 year call period. So, the 2013 bonds will be eligible for refinancing in 2023. You may be living in a phase that is 3 years after that. Refinancing of the bonds of the phase you are living in may not be the first ones because each bond issuance has a 10 year call period. 10IPage i. 6 l 1 A Flow Way Community Development District December 16, 2021 Mr. Sicliano:1 realize that. All I said is(indecipherable). 1 realize there is a process, but it is coming up on some of them in the next 3 to 5 years and you should look at it; maybe interest rates will be better. You can't do a bond issue by going to a local bank either. I realize that too. But the general statement is, one day they can be refinanced, and I assume you will look at the rates. Mr. Miller: Indeed, we are looking at that. Mr. Sicliano: The CDD has a lot of power. It can raise, through our annual taxes, the fees. Whatever the CDD agrees to, the HOA has no authority to approve or disapprove. We just have to pay it. Now, to be a member of the CDD you have to be a citizen of the United States, and a resident of Florida. You don't have to be a resident of Esplanade. Mr.Stamp: Yes, you do. Mr. Sicliano: I'm just going to warn you about this, looking at the Board Members, what happens is, if there is a vacancy, or an election, or need to fill that spot until it turns over. Chairperson Stamp: We are aware of that. That's how Bart got here. Mr. Sicliano:(Indecipherable). Why not(indecipherable)a CDD through these appointments, that there's a majority of 9 residents on there(indecipherable). Mr. Ward: That's actually not true. Two of your points are correct, the rest of it is they have to be a registered voter here in Collier County and live in Esplanade. Discussion continued regarding how individuals were appointed to the CDD and the legal requirements to be a qualifying Board Member. Mr. 53:00:(Indecipherable). Chairperson Stamp: Send us the letter. We will respond. Mr.Sicliano: (Indecipherable). Mr. Ward: That is not true. Chairperson Stamp: Legally, we cannot. Mr.Sicliano: (Indecipherable). Last one, I read about in a previous (indecipherable). In your contracts do you have clauses for terminating with or without cause? Or just a 30 termination clause? How do you terminate the agreement with the COD? The CDD may have (indecipherable) with cause or without cause, and some people may say it will never happen, but trust me, I've seen it happen, and be careful about these clauses. (Indecipherable). You should get something in writing. (Indecipherable). Mr. Chris Jackson:It's just come to my attention that the new development Hatcher will not be paying or will be paying a reduced price and why is that? Because another 34 homes would help everyone else to take on the burden. 11IPage 41 Flow Way Community Development District December 16,2021 Chairperson Stamp: They do not have the bond portion to pay because we as a Board say Taylor Morrison should pay that. We are not going to fund any more bonds for Taylor Morrison. They will pay the operation and maintenance fees just like everyone else. Some of them may be surprised when they get the bill because I think Taylor Morrison made them think they might not be paying that, but they will be paying that. Is there anything else to come before the Board? Mr. Miller: I recently came across some information that stated with respect to a majority of the external preserves that they have not yet met the success criteria, and the success criteria is expected to be met in 2022 or 2023. Does anybody know, does Taylor Morrison as the permittee, have responsibilities to follow through on that success criteria? Or have they done a Pontius Pilot washing of the hands? Mr. Woods: It is not a clear issue. It depends on what the court says honestly. We technically own them now. It is one of our positions in the lawsuit, that they should comply with all of their obligations to the community, including those set forth in the permits. That's one of the things we are litigating. Mr. Miller: So, they would be alleging that we (indecipherable)and it's not their problem? Mr. Woods: They are alleging that we are the owner, so it's our problem. That's what their contention is. Chairperson Stamp: That's part of what they have thrown at us and just from speaking quickly on my deposition, they kept reiterating what a big favor they have done for us, and we should be very appreciative of the obligation of the preserves. SEVENTH ORDER OF BUSINESS Announcement of Next Meeting Announcement of Next Meeting—January 20,2022 Quorum Call for January 20,2022 EIGHTH ORDER OF BUSINESS Adjournment Chairperson Stamp: Okay,motion to adjourn, anybody? On MOTION made by Mr. Ron Miller,seconded by Mr.Tom Kleck, and with all in favor,the Meeting was adjourned. Flow Way Co elopment District • �ei* eV P.Ward,Secretary Zac Stamp,Chairpers 12IPage 16I 1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, February 17, 2022, at 1:00 P.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Martinn Winters Assistant Secretary Bart Bhatla Assistant Secretary Absent: Tom Kleck Assistant Secretary Also present were: James P. Ward District Manager James Messick District Engineer Jessica Tolin District Counsel Audience: Dave Boguslawski Ed Staley All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted, and all Members of the Board were present, with the exception of Supervisor Tom Kleck, constituting a quorum. SECOND ORDER OF BUSINESS Public Comments Public Comments for non-agenda items (Limited to three (3) minutes). Individuals are permitted to speak on items on the agenda during that item and will be announced by the Chairperson. Chairperson Stamp reviewed public comment protocols. 1 13, a s 16I 1 Flow Way Community Development District February 17, 2022 THIRD ORDER OF BUSINESS Consideration of Minutes January 20,2022—Regular Meeting Chairperson Stamp noted corrections had been made to the minutes by Mr. Ward. He asked if there were any additional corrections to the Minutes; hearing none, he called for a motion. On MOTION made by Mr. Bart Bhatla, seconded by Mr. Ron Miller, and with all in favor, the January 20, 2022, Meeting Minutes were approved as amended. FOURTH ORDER OF BUSINESS Consideration of Resolution 2022-1 Consideration of Resolution 2022-1, a resolution of the Board of Supervisors of the Flow Way Community Development District amending the District's Fiscal Year 2022 General Fund Budget to account for the addition of the maintenance responsibilities of the District's assets from the Esplanade Lake and County Club, Inc(Master HOA) Mr. Ward: The purpose of the Amendment is to align our existing adopted fiscal year 2022 budget to the programs that the District is now operating and maintaining that we essentially took over the responsibility for maintenance as of approximately January 1 of this year. The line items that are now in your budget are consistent with what I've shown you in the past in terms of what we are doing, and they take reductions out of your budget to the extent of your preserve maintenance in order to be able to fund the full budget. At the end of the day, it still anticipates a$243,000 dollar decrease in our fund balance by the end of this fiscal year assuming all of these projections are correct and would leave us with about $92,000 dollars in cash going into fiscal year 2023. That is the purpose of the Amendment. The reductions are essentially the removal of all of the work related to the 1,000 acres preserve maintenance outside of the boundaries of the CDD; this is where all of it is coming from. Mr. Bhatla: Jim, you said that we took over the preserves starting this year? Mr. Ward: No, we took over the maintenance previously being done by the homeowner's association. That includes the storm water system, littoral shelf maintenance, landscaping at the entrance buffers, irrigation pump station, those kinds of things. Chairperson Stamp: Jessica, it is my understanding from talking to you and Greg that you would prefer that we at least leave something in there, even if it is $10,000 dollars, for maintenance. Is that a fair statement? Ms.Jessica Tolin: Yes. Chairperson Stamp: I will make a motion in a minute to move $10,000 dollars from somewhere to at least have a minimum $10,000 dollars for maintenance of the external preserves. I want to preface that by saying our law firm has deposed Barbara Kininmonth from Taylor Morrison on the issues which she agreed to be deposed on and there will be another corporate deposition on the other issues. In the course of that deposition she said, under oath, that Taylor Morrison was spending hundreds of thousands of dollars on areas 4 and 5 of the preserves, which was totally unknown to us, and saying they 2IPage 16I1 Flow Way Community Development District February 17, 2022 were doing so with permission from someone they couldn't identify. She also indicated that areas 1 and 3 were totally done, so keep in mind, based on their representation, under oath, there will still be several hundred thousand dollars spent on the preserves. Now, you've got to believe them, so we are not totally shutting off funding for the preserves. It was an interesting side note that she indicated that 1, 2 and 3 were completed, but she didn't know who told her and when they told her. With that as background I'd like to make an amendment to this to move the $10,000 dollars we've allocated for the South Florida Water Management District litigation, which I'm assured by counsel was over and there shouldn't be any expenditures and move that over to some line contingencies for the preserve. Mr. Ward: We will just put it in contingencies. Mr. Bhatla: Where is that$10,000 dollars coming from? Chairperson Stamp: We've got $10,000 dollars budgeted for legal for the South Florida Water Management District, but that action is essentially over. We didn't know at the time whether we would need it at some point. It's pretty obvious we are not going to. On MOTION made by Mr. Zack Stamp, seconded by Mr. Ron Miller, and with all in favor, Resolution 2022-1 was adopted as amended, and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Discussion Discussion of Proposal from Truist Bank (formerly SunTrust) to provide a one (1) year Revenue Note financing anticipated operating expenses for the remainder of Fiscal Year 2022 Mr. Ward: As you recall a couple of months ago, when we took over the maintenance responsibilities of the District, we knew that obviously there would not be enough cash to fund this through the end of the fiscal year. We did have some discussion about whether there are any short term financings available to us. I was not particularly thinking at the time that we would have any banks that might be available to this. Truist, who is essentially the new version of Sun Trust Bank, is the bank that we use for our general operating account. I did reach out to them, and they indicated that since we are an existing customer, they would be willing to do a short term, what we call a revenue note,for this particular District. The amount I gave them was an amount not to exceed$400,000 dollars. It would be due 12 months from the date that we sign the deal. It would be due exactly in one year. All principal and interest would be due at maturity. Interest rate on it is 1.25%. It is a relatively standard letter from the bank that obviously this District would be able to meet. The one thing I want to talk about with you all is the actual need to do this kind of a financing. The first and most important thing is that if you decide to borrow the $400,000 dollars, on our part, the cost of actually borrowing the money would require us to pay basically two legal fees to go with this. One is a general counsel fee and the second is a bond counsel fee. The general counsel fee gives the opinion to the bank that would be required that the District is a legally established entity, that it has the right to borrow this money on a short-term basis, and whatever documents that need to be prepared in relation to the issuance of the note, which in our world is a little bit substantive. And a bond counsel opinion would be required related to the tax status of the note, whether it is tax exempt or even it's taxable. Those two opinions are going to cost anywhere between $40,000 and$50,000 dollars while the interest on this is relatively minor. It's $5,000 or$6,000 dollars. The one thing it really does do, beyond the fact of the cost of issuance of this note, is that it's due date is 3IPage 16I 1 Flow Way Community Development District February 17, 2022 one year which means in our fiscal year 2023 budget we would need to fund the full value of that note to be able to make the repayment, and that would be a requirement of the obligation that is issued for this note. The$400,000 dollars is automatically going to raise your assessments I think around$400 dollars or so, roughly$400 dollars a unit a year, which is almost what we levied in the current year for the total assessments. My initial thought is that we probably don't need to do this in the current year. We can budget appropriately and use cash and then fund that over a few years process and basically replenish our cash going forward, but it does give us the opportunity, if we do this, to do it. The downside is really you're borrowing money to fund operations which is, in many worlds, especially government, not probably something thought of as a good thing in the market. Those are basically the upsides and downsides of this kind of a financing. As I said in my memo, my recommendation is to continue going as we have done over the last few months, without the note proceeds, but waiting and let's see where we are with our 2023 budget. I don't think this financing is needed at this point. Mr. Ron Miller: $40,000 thousand dollars in legal fees to obtain $400,000 dollars in financing for one year is a non-starter for me. Chairperson Stamp: Jim and I discussed it and I don't think it's the right way to go either. But I've had some people in the community ask why we could not just borrow, so I asked Jim to run that down and see what borrowing would look like. Mr. Winters: This is for remediation of the lakes that Taylor Morrison was supposed to do? Mr. Ward: We had not discussed a particular use of the funds, but generally the answer to that specific question would be no. It would be used to fund existing operating costs so our cash would not be depleted through the end of the fiscal year. We are running short on cash simply because the cost of taking over the operations was more than what we really had within the context of our existing budget. Mr. Winters:Are we are running short on cash because of(Indecipherable)? Mr. Ward: We are running short on cash simply because the cost of taking on the operations was more than what we really had within the context of our existing budget. Chairperson Stamp: It only does in the sense that if they would have left us with pipes in good shape, we would not have had to use $90,000 dollars on — so, there is totally something. This wouldn't be earmarked. This would go into our general fund, and we could then budget it out. Mr. Winters: Has the study been completed as far as what needs to be done around the front entrance? Mr. Ward: Jimmy and his team are working on those reports right now. They should be finished and ready—I'm scheduled to hopefully have them for you probably at your April meeting at the latest, March if I can get it done. It will include all of your assets and all of the work that needs to be done on a long term basis. Mr. Winters: I'm still not clear about — I understand the pavers on the bridge coming in are our responsibility and it looks like there are a number of them that need to be replaced or reconfigured. The flowering plants coming into the front entrance look nice now, but at some point, they are going to need to be replaced. The fountains need to be repaired and my understanding is the HOA used to perform 4IPage j611 Flow Way Community Development District February 17, 2022 those responsibilities and now they are ours, so does that mean we are only going to be paying a little bit at a time as we go to try to cure those things or are we going to try to fix those all at once at some point? Mr. Ward: We are strategically trying to prioritize those elements that I think are the most critical for you, whether it's a lake bank restoration, littoral shelf issues, some of the items that you mentioned, they will be strategically planned out as to what's most needed in your 2023 budget with a more longer term plan of what to do over 2024, 2025, and 2026. You will see that as we have this budget come out to you. Mr. Winters: So, we are going to prioritize the expenditure money based on what we believe the highest need is, but at some point, we are going to run out of funds and then at that point we do what? Mr. Ward: You're going to run out of funds this year. That's the easy part. So, the 2023 budget that you see will have a plan in it that tells you what you need to do from 2023 on in order to correctly fund this District. Chairperson Stamp: And it will require an increase in assessments depending on how much you want to do in year 1, 2, 3— Mr. Winters: Are we going to be able to get through the end of this fiscal year, getting some of this work done with the amount of money we have now? Mr. Ward: We can only get done the basic work at the moment. So,for example, you mentioned the pavers. That is not going to be done this year. We have broken flow meters for the irrigation system, that's $6,000 dollars. That's not going to be done this year. Cleaning up the littoral shelves, no lake bank restoration is going to be done. Just the basics for the balance of this fiscal year. The 2023 budget is when you will begin to see strategically how best to stronger manage those assets and repair those things that need to be repaired. For example, I think you also mentioned the pumps in the fountain. They need to be replaced. So, at the moment they are being repaired and we are going to be able to continue to do that through the balance of this year, but next year we are going to have to probably fund something like that. That will come out as part of your larger plan in another month or so. Mr. Winters: I think at the moment, most of the residents think that it's the HOA's responsibility to do these things, and so it's going to make the HOA look bad if we are not maintaining this. I was just wondering if we should have some communication out to the public so that you, Dave (Boguslawski), are not getting all the complaints and the public understands what the issue is. Mr. Ward: Before Dave says anything, I will say that I don't see a degradation in the service through September 30 of this year. I would say to you clearly, if we can't keep this level of service and fund it correctly into 2023, you will see a degradation of service, but I think we will be able to get through this year. If something pops up, I mean, a flow meter not working is a regulatory issue. The pumps go out at the fountain, I'm probably going to make a phone call to Dave and say we have a problem at this point. But so far, I think we are okay right now. Mr. Winters: Except that the pavers continue to get worse. You can see them getting worse. Mr. Ward: Correct. As I've been advised, so far, the pavers will be fine until we get into the 2023 budget year. Wage 161 Flow Way Community Development District February 17, 2022 Mr. Bhatla: What is the downside on stopping the maintenance of the preserves? We are not informing the Corps. We do this on our own. What is the downside? Are we exposed to a fine or any other action? Has our engineer advised us on those things? Mr. Ward: I have asked Jimmy to speak with our environmental consultant that does that. My layman's understanding of what that permit says is that to the extent that we don't do the maintenance and you have more exotics growing in those preserves between now and the time that we do it, what it's really doing is extending the time and cost obviously to reach the success criteria that's outlined in that permit. The cost is going to happen, it's just going to be on the backside of it versus the inside. I don't think we are going to be subjected to fines at this point over exotic removals. Chairperson Stamp: It is an open question. But again, Taylor Morrison claims they are spending hundreds of thousands of dollars to do that now, so I guess we will take them at their word. Mr. Bhatla: My question also is, we have the ownership, but we don't have the permit, so we are doing all these actions on behalf of Taylor Morrison. Could we invoice them saying "we will maintain, here's the invoice?" Chairperson Stamp: That's certainly the basis of the lawsuit for past historic performance. Jessica, do you have thoughts on that? Ms. Tolin: That's part of the damages that we are claiming through the lawsuit, is essentially to be reimbursed for any of the maintenance costs that have been incurred because we are claiming we shouldn't have been responsible for those. Mr. Bhatla: In my interpretation yes, we have it, you have the permit, and we will maintain it, and we will send you the bill. The lawsuit is eventually resolving of all this. I'm just thinking, and it's an open question. Chairperson Stamp: I can't imagine they are going to pay the invoice and acknowledge that they owe the money. It might be a novel thing to do, but I can't imagine it would be a productive thing to do since they say it's our responsibility. In the lawsuit, clearly, they view that they have no responsibility. Mr. Winters: Should we do it just as a record keeping matter though to keep track of how much we are spending? Ms. Tolin: My opinion is that it wouldn't be necessary given the claims in the lawsuit. That is the demand essentially and the position of the CDD with respect to those costs that have been incurred and ongoing costs for the maintenance. Chairperson Stamp: And they have that information through discovery. Mr. Boguslawski: I know that Taylor Morrison has, upon turnover of the community to its members, put to us a number of things, and I'm just wondering if some of those things were permits or permit requirements. Whenever you turn over control of anything, you transfer with it lots of responsibilities, everything from bank accounts to member records to, on and on. I know that there were series of documents associated with surety bonds that I've been signing along the way. I've been working with 6IPage i 6 I 1 Flow Way Community Development District February 17, 2022 lawyers, both HOA and CDD as well, before I sign anything. I'm sitting here wondering about, before you conclude that Taylor Morrison still holds all the permits, we have to verify that. Chairperson Stamp: I think Jimmy has been putting together an inventory of all the permits and who's got them, and who's name they are in. Mr. Miller: The lawsuit that we have filed is all about the preserves and the transfer of the ownership, so we do have ownership whether we like it or not, and as such we become a successor in interest to those permits whether we like it or not. So, our name may not be on it as the permittee, but because they transferred title— Chairperson Stamp: It was interesting at the deposition, Barbara Kininmonth referred to the CDD at least twice, if not three times, as the perpetual maintenance entity for the preserves. So, she may be wanting to throw it to you. Ms. Tolin: With respect to Tim Hall's deposition, one of the things that he had stated with respect to the preserves is that the CDD was initially going to be that interim holder of the preserves, but then it became the perpetual owner. Or they are wanting it to be the perpetual owner after the success criteria. Chairperson Stamp: Yeah, there is a difference between what he said and what she said. I agree. The bottom line is, we will listen to counsel, but I don't see a need to send them an invoice. They are not going to pay it. They've got the demand for the lawsuit, and we are certainly keeping track of all the expenses. It's not like they don't know. Mr. Bhatla: As far as ownership is concerned, it is very interesting. We talked to South Florida Water Management District, and we said that we wanted to transfer the water use permit over, and their question was "what do you own? You have to have proof of ownership of something that we can award you the permit. Unless you show us a document that you own something,"so essentially, they just need to see, and I think Jim is going to be working on the ownership issue of all our assets. What do we own? We own only the pumps and the monitoring wells and the piping. We don't own the real estate. I don't know. All those issues have to be answered before we can have a permit transfer, and that was their take. So, it's very interesting. The other thing is, Taylor Morrison had approached the Corps to transfer the permit. The Corps said, "no, you still have five years to show the success, you will hold the permit." That was their take. On our side, our take is we have gotten the ownership, so we are assuming we have to do all those things, so I think all that has to be resolved through our counsel. What does the ownership in this case mean while the agency is indicating we don't want to transfer the permit to anybody else at this point in time, except Taylor Morrison. Chairperson Stamp: We have effectively, with the last amendment to the budget, defunded the preserves, except for the$10,000 dollars. That's what the amendment did. So, we will see. Mr. Miller: With respect to ownership of assets, apart from the external preserves, the legitimate assets the CDD has, as the community progresses and the CDD issues bonds and buys assets and reimburses Taylor Morrison for infrastructure and they transfer the ownership of the infrastructure to the CDD, and the CDD now owns it, there has to be some documentation at the time these are transferred over to us. Mr. Ward: Correct. From my perspective, it's clear what we own, or purchased, as a part of the bond process. The entrance is a perfect example because everybody sees that. The underlying fee title to land 7IPage 16I 1 Flow Way Community Development District February 17, 2022 along the entranceway happens to be in the name of the CDD. The CDD acquired the landscaping for what I call the berm, the area from the bridge west along that way, but we own the underlying fee title to the rest of the area, but we weren't given a bill of sale for that, probably because we never bought it, but we own the underlying land. At the moment, I've said, don't worry about it. Let's leave it in the CDD, the bridge, the pavers, all that kind of stuff, because we own the underlying fee title of the land and it's not smart to split that baby right now, and we will do that, but at some point, we need to go back and clean some stuff up and recognize between the HOA and the CDD who is going to maintain it and do a document to that. That's a good example, but a majority of everything else, the lake, the water management system, the littoral shelves, the drainage pipes, the big assets, are easy to figure out. The pump station is a little more difficult because the land is in the HOA's name, the lake is in the HOA's name, but the District bought the asset, we paid for the pump station. So, it's a little convoluted in some instances, but it's not overly complicated to fix. It just isn't something that has to be done this second. We have other things on the plate. I'm getting to it. It will be 3 or 4 months when we get past the budget, and we will clean who does what to who over time. Chairperson Stamp: I asked Jim to start working on that list, and Dave Boguslawski and I have had conversations about it. At some point, several months down the road, we may have to trade some easements back and forth to clean up who owns what, who's going to take care of what, but we need to get through the budget first and then we can start cleaning stuff up. Mr. Bhatla: Another interesting thought is the Hatcher property and the permit. What do we own in the CDD? Only the pump station; everything else is owned by the HOA. We are only providing the water because we don't do the distribution of the irrigation water to homes. In that case, the interesting thing was, that permit, it goes until 2035 or 2039. Under the requirements, the amount of water to be pumped, it is below the reporting threshold, so the agency indicated don't change anything on that one. The question is who would want to hold the permit, HOA or COD? We will have to clean that up too. Mr. Ward: All of that has to be cleaned up, yes sir. SIXTH ORDER OF BUSINESS Staff Items I. District Attorney—Woods,Weidenmiller, Michetti, &Rudnick a. Status Report on Litigation b. Non-Binding Arbitration Hearing-February 28, 2022 Ms. Jessica Tolin: An update on where we are at with the depositions. The deposition of Barbara Kininmonth was taken about a week ago. She was the corporate representative of Taylor Morrison of Florida and Taylor Morrison Esplanade. Her deposition was fairly short, primarily because she was designated only for a limited number of topics, including things like the maintenance work or mitigation work being performed in the preserves and the discovery requests in the lawsuit. All of the main issues that are really the center of the lawsuit in the claims, those are topics that the other corporate representative, which is the attorney Michelle Diffenderfer, will address for Taylor Morrison of Florida and Taylor Morrison Esplanade. Her deposition is March 1. Her depo will be taken the day after the non-binding arbitration which is still set for February 28. The only other thing I wanted to mention is, we sent out some additional discovery recently to Taylor Morrison, both the Taylor Morrison entities, primarily concerning what type of work they are doing in the preserves, who is doing that scope of work, and how much has been expended on that. Wage 16I1. Flow Way Community Development District February 17, 2022 Chairperson Stamp: To that last point, the law firm did send out a letter to Taylor Morrison asking for all of that information as well and informing them that they have not notified us, they are trespassing, and they should coordinate with Jim what they are doing, when they are doing it, so we are aware. Again, she claimed that they had some permission from somebody to be out there but didn't know who. Ms. Tolin: If you are contacted Jim,just let us know as well. Mr. Bhatla: Is there anybody involved in the deposition from Taylor Morrison from the corporate office? This is the Florida Corporation that they had. My intent in asking that question is, is the corporate office aware that we have this lawsuit? Ms. Tolin: I don't know the answer to that because that would be someone within Taylor Morrison and I don't know who they report to or who has to be involved on their end once litigation is brought against them, but the two entities that we are suing in the lawsuit, those are the ones that are,for purposes of a representative being present at a deposition, they are present on behalf of Taylor Morrison of Florida, Inc. and Taylor Morrison Esplanade. Mr. Bhatla: So, really there is no attorney involved from Arizona? Ms. Tolin: I don't believe any of the attorneys are involved from Arizona. They have Florida attorneys representing them in the case. Now whether they have some in-house counsel somewhere, I'm not sure. But it's Florida attorneys in the case. Mr. Bhatla: Okay, because as a side issue, the corporate Taylor Morrison, they have embraced the ESG policy (Environmental Sustainability and Governance), and they have a very big deal about it because the investment community really depends on that investing in Taylor Morrison. That's at the corporate office, and I'm just wondering if the news has ever gotten to the top. That was my interest. Ms. Tolin: It wouldn't have come from our office if it did. My assumption would be it came internally from within Taylor Morrison, if at all. I'm just not sure. Chairperson Stamp: From an ethical standpoint, I don't think we could communicate over their head, or shouldn't communicate over their head. Mr. Bhatla: True. Mr. Miller: Apart from the lawsuit which we have already filed with respect to the preserves, we have been discussing an additional lawsuit with respect to these maintenance issues, which we were discussing earlier. Where are we with putting together that lawsuit. Ms. Tolin: With that lawsuit, we are working with the HOA's attorneys as well because if we are going to bring a suit on construction items and maintenance items, as I understand it, the association is also in the process of a 558 notice of claim as well. So, it makes sense if both entities are going to have claims relative to defects and maintenance of property within Esplanade, that those claims be brought together in a suit. 9IPage 16 I 1 Flow Way Community Development District February 17, 2022 Mr. Miller: What comes to mind is that it's only since January 1 of this year that the CDD has taken the ownership responsibility of maintaining these assets. Prior to January 1, it was the HOA's responsibility. With that in mind, is it really the HOA that should be suing Taylor Morrison and we are joining them? If you just follow the contracts, isn't our beef with the HOA, and the HOA has a counter beef with Taylor Morrison? Ms. Tolin: So, the reason the HOA would be involved is because of the ownership of the various items that are alleged to be defective. Some of the items are HOA items, common property, that should be brought by the HOA, the party withstanding, to bring those claims. For those that are CDD owned property items, or potentially that are a maintenance responsibility item, those could be brought by the CDD, but it is a lawsuit I think you would want to bring in conjunction with the HOA. Mr. Miller: I really like the cooperation aspect of it, but since we had a contract with the HOA, do we have standing to go after Taylor Morrison for the HOA's failure? Mr. Bhatla: I think it is a good question. Would the counsel advise us to take a defective property and take ownership because it's coming basically secondhand to us? The HOA has issues with Taylor Morrison and are we being advised to step in and assume ownership of the property which in my mind is a defective property. Chairperson Stamp: Let me jump in for a second. We had an audience member here a couple of months ago that made it sound like we had an option. This came to us by operation of law. We didn't have an option to negotiate with them on whether we wanted it or not. It was basically a here-catch. Even though we had a nominal fictitious contract with the HOA, of course we had$10 a year which we never even paid them, to do all this maintenance when it was Taylor Morrison, that's still our property, and just because we hired the wrong vendor to take care of it, still we were the ones damaged and I think we still have a cause of action. I understand your point, but we hired a bum contractor to take care of it and they obviously didn't. Mr. Miller: That's my concern. Do we chase the bum contractor or we do we chase Taylor Morrison? Do we have a standing to go after Taylor Morrison? Chairperson Stamp: It was still our property which was damaged. I understand your point. Ms. Tolin: That goes back to the owner of the property. Depending on which property you are referring to it may be the CDD that's better suited to bring that claim, or it may be the HOA that's better to bring that claim,just depending on what particular item it is. Mr. Miller: Lake bank maintenance. The HOA contracted to do that and didn't, so who's our beef with? Ms. Tolin: Well, at the time, Taylor Morrison was also in charge of the HOA, so that's where— I think our initial thought with a lot of these items was that it's the developer that the claim would be against, which is why the 558 notice was sent out. 10IPage 1 6 I 1 Flow Way Community Development District February 17, 2022 Mr. Miller: We can look through the HOA because of the developer board members and go after the developer? Ms. Tolin: From a practical standpoint you would want to think about suing and the effects of what a lawsuit against the HOA would look like. Because you both have the same constituents. I think that if there are particular items that you are contemplating bringing suit against Taylor Morrison for, that involve the HOA, I would say to give Greg or I a call so that we can discuss, and we would likely want to bring in the HOA's attorneys as well to discuss with them what the best way to proceed is on those. Mr. Miller: I think that would be a good idea, getting together and deciding. I'd hate to get this thing up to the court and the court just throws it out because we are chasing the wrong person. Ms. Tolin: There are no construction defects as part of this current lawsuit that you have against Taylor Morrison. We attempted to bring a claim for that, and the court basically said no, you can't do that, it needs to be brought as a separate suit as it's based on a separate set of underlying facts. That's where the HOA was also sending out a 558 notice to Taylor Morrison for their particular items, and as I understand it, they are still in that process. Chairperson Stamp: We have been having talks about this. This has been an ongoing discussion. Keep in mind that if we sued the HOA and won, the HOA would have to assess the members to pay us, so that's why we are cutting through the corporate veil to go to Taylor Morrison. Mr. Boguslawski: The HOA board can meet in confidence with the attorneys. We don't have to have public meetings and then go into executive session, which is the preferred way to do this. There is coordination going on between the attorneys and to the extent you all have ideas in public session here, your attorney is taking them all in, which then can feed into a process attorney to attorney and evaluate them. We as the HOA are going through the experts, making rounds, golf course, the audit and the audit is coming, we are then going to package it all up and see what we've got and then we would go through the process with Taylor Morrison per the law. There are regular conversations going on behind the scenes. We have HOA counsel. We have litigation counsel. Mr. Bhatla: It seems to be, at least, that the lead in the lawsuit should be HOA. We are essentially supporting them. The impression I got from the counsel last time, we are the lead agency, and the HOA also has issues to resolve. It appears to me that the HOA was the owner, so they have all the issues. They have the primary, and we got it because we had no choice, so we would be the secondary. It's an issue of who is taking the lead. Chairperson Stamp: I understand your point and don't disagree. I think what Greg was referring to the last time was the underlying suit; we are definitely the lead on that, and we actually named the HOA as a defendant. They will be switching, I assume, sides to join us. We only sued them because we thought that they were an indispensable party that had rights that might need to be litigated. On the 558 action I think we are at least equal partners, and you may be right on who we call the lead on that because definitely the damages that I assume the HOA will be seeking are probably a lot bigger than the damages we will be seeking, so you may be right on that, but the judge wouldn't let us put them together, so there are going to be two different lawsuits at least out there. 11IPage 161 1 Flow Way Community Development District February 17, 2022 Mr. Bhatla: I had also gotten the impression that the HOA was more deliberate and slower in this action, and it was a concern. That's another piece of input. Chairperson Stamp: Their turnover was several months after our turnover. We turned over in November; the residents took control and didn't take control until May 31 of the HOA. So, they are definitely behind and catching up in putting things together. The ETF, the Esplanade Transition Fund, was helpful for both us and for the HOA, but if it had been 3 or 4 times bigger it might have helped a lot too. They are in the process of catching up, but they haven't had the time like we've had. Mr. Winters: Is the solution just to name the HOA as a named party,just like we named the Army Corps of Engineers. Chairperson Stamp: They are not a named party in the lawsuit, the Corps is not. We could not name them as a defendant and then be co-plaintiffs with them. Our intention is, at this point, that we will join them in the 558 lawsuit, both of us together. I understand they will be at the table at this point with us. Now, Taylor Morrison might file a cross claim saying no, it's those guys sitting next to you who ought to be paying. That could happen, but I don't think we would initiate it. Ms. Tolin: Yes, we would be filing the lawsuit together. Mr. Miller: Do we have a forecasted date for that? Ms. Tolin: Not at this time. I believe we are waiting to hear more from the HOA. Chairperson Stamp: I think we pretty much have our 558 claims T'd out, but again they haven't been able to put things in motion as quickly as we could. Mr. Boguslawski: Our deadline is 3 years from now for our claims. We are going to beat that by a mile. We are in the stage—Taylor Morrison's financial audit through May 31 is still not done. The auditor is still telling us to make entries we don't agree with for our books. So, we are asking for clarification of that. Until that happens, and there's lots of back and forth on that now, until that happens, our auditor can't get going. That's going to be the trailing issue. The other issues are proceeding along. This is not an issue about rushing into it. This is an issue of entering the fray when you are ready to enter the fray. Make sure your witnesses have done their homework and make sure you put together the best case you can. There is enormous coordination going on and you need the agreed party being the lead. That's part of the reason why we've got the attorneys we've got collectively working on this thing. A lot of the coordination is between them. At the right time,fortunately it is a public process in your setting, and at the right time there's going to be talking to do. In the meantime, what I would advise is you keep raising your questions because you have Jessica soaking things up like a sponge and that's a good thing. Let's allow them to be the lawyers and us be the businesspeople. Mr. Winters: Are we able to move forward with our construction defects claim before the HOA is ready or are we supposed to wait until the HOA is ready? 12lPage i6I 1 Flow Way Community Development District February 17, 2022 Chairperson Stamp: We could, but it's the advice of counsel that we would be better off with more leverage, going in together. We could file ours today, in essence. But then again, keep in mind, that would also entail us hiring a bunch of experts with money that we don't have, to get ready for that lawsuit once we get started down that road. So, it could be a while. Mr. Boguslawski: One more thing. You've filed your 558 with Taylor Morrison which caused us, the HOA, to take a part of our 558 and file it early. Mr. Miller: What's a 558? Ms. Tolin: 558 is a chapter in the Florida Statutes and it particularly pertains to construction defects where you have to give the contractor, in this case the developer, notice of what the defects are, and it's a prerequisite that you have to do before you can file a suit against them. There's a particular time frame that has to be met, and so when we say our claims are ready to be filed if we wanted to, it means the deadlines under that process have since passed for us. So, we could theoretically file a claim early, but for all the reasons we have been discussing, it would be our advice to wait so we can coordinate further with the HOA. Mr. Miller: I'm hearing the joint lawsuit seems to be in the distant future, but I say, let's do it now. Mr. Bhatla: We had better be prepared to beef up the fees in the budget and the assessments because we won't see any money coming in soon. I think be prepared for increase of fees. Chairperson Stamp: Best case scenario for the one lawsuit that has been filed, we go to trial in June, which I don't think will go in June. Ms. Tolin: It could be July or August. Chairperson Stamp: Then nothing prohibits Taylor Morrison from appealing any adverse decision, so we could be several months before we see anything, even if we are successful at every stage. You are right, this is not going to be quick cash. And Ron, part of the 558 is you give them a period to cure in case they say "hey, you're right, we did miss that." That's why there is a time period built into it. Mr. Miller: Has that period expired for us? Chairperson Stamp: For the 558 claims we have made, it has expired. Discussion ensued regarding whether to move to file the 558 lawsuit immediately. Ms. Tolin: I would advise against that. Mr. Miller: I will withdraw the motion. II. District Engineer-Calvin,Giordano&Associates a. Preserve Tree Removal b. Strategic Operational Plan 13 IPage I611 Flow Way Community Development District February 17, 2022 c. SFWMD Water Use Permit Transfer d. Preserve Area Fire e. 20-year Stormwater Needs Analysis Mr.James Messick: I have put together an engineer's report for February. It's got four items on it. Three are just updates with one new one at the end. The first item is a little update on the preserve tree removal. As you know, we met with the District last month. They agreed about half of the trees were acceptable. We went ahead and resubmitted our plan and since I've prepared this engineer's report, I've found out that the District approved our plan to remove about half of the originally proposed 30 trees. We've sent out plan approval to a contractor just to confirm prices and we will start addressing these items in the future when we have the budget for it. The second item is just a Strategic Operational Plan update. Basically, we have investigated all of the CDD assets. We've completed our investigations. We are now in the process of wrapping up our reports which I'm day to day working with Jim to get these drafts completed. We are really close on a lot of them. We just finished investigations on the littoral plantings, so now we can finalize different segments of different portions of each report. I hope to have those done in the next couple of weeks. The asset vendors list was updated so the Everglades Pine Straw mulching p.o. is scheduled for the next fiscal year. They won't have to do anything this year. The third item is the SFWMD water use permit transfer. Supervisor Bhatla and myself attended a preapplication meeting on February 9"' with the Water Management District where we spoke with a gentleman who went over the process with us. We had several questions for him. I think it went pretty well. We learned a little bit about the overall consumptive use individual permit that's part of the District, but we also learned a little bit about the general permit that's on the Hatcher parcel and as Supervisor Bhatla mentioned, we could modify the permit to bring both permits together, but if we do that then there's a reporting requirement that gets added onto the current individual permit reporting, so there is additional cost that's really not necessary since it's a small amount for the Hatcher property. There's a transfer. It typically takes 1 to 2 months to do that transfer. We did have a question about what the recorded copy of documents effectuates in transfer of ownership would be allowed, and we've reached out to another Staff member at the District to try to inquire about that and we are waiting to hear back from them. Mr. Bhatla: Jimmy, it was a very good meeting. I think you did extensive preparation, and we got a great deal of very good input and I think the most significant thing we learned was we were not using the well water. That set alarms because it's the only source of water we have. The lakes have been going down very much and we need to pump the amount of water we have allocated so that we have enough water. In addition, if we don't pump, the wells could get silted and it costs a lot of money to develop them and in extreme cases to drill new wells. We don't want to be in that position. As I understand, I talked to Jim, and he took the action to start pumping the wells. I think it is a good thing for HOA and us. We had a good meeting and they expressly indicated that they were glad we came in. He says it is a very useful thing to do, so that the application process is smooth and also, they can clarify any doubts and so forth. Mr. Messick: It was a good meeting. You bring up a good point. I did speak with my Staff and the District believes we are not using the recharge pumping at all to balance out the lakes, and that that's natural flow from the water table into the lakes, it's not necessarily true. Apparently, the flow meters on those pumps are just not being read and working, so that's something we've addressed and will have to replace in the future, but they are not exceeding any kind of permit allowance for the recharge pumping requirements. 14 I Page 16I1 Flow Way Community Development District February 17, 2022 Mr. Bhatla: But the concern is the water. Mr. Messick: We are exceeding the annual allocation over several months in 2021 and that's something we will have to address with the HOA and sit down and talk to them. My understanding is, based on Mr. Bhatla's description to me, is that each homeowner has a controller, but the HOA has access to those controllers, so if we can look at the numbers of what we are exceeding and what we're allowed, especially at final buildout once these carriage homes are completed, then we will have to make sure we don't overirrigate based on this permit. If we are going to transfer it to our name, then obviously they can come to us and request we meet permit conditions. The last item is a new item, Golf and Country Club Staff was retrieving golf balls from the southeastern corner of the aqua lake driving range when their golf cart caught on fire in the path that separates the preserve from the lake. No one was hurt and the fire department was called out to extinguish the fire. I did include some pictures that were provided and an email chain between the Board and the District Manager. No remedial efforts are necessary. The tarnished area should be overgrown with new ground cover in the next several months. You can see in appendix C the pictures of the golf cart on fire, and some of the aftermath, and cleanup that had to be done in that area. The fire did create a line of communication on what may be able to be done in the future and I reached out to the District about what would be allowed. Similarly, to the tree removal, there is debris cleaning in the preserve areas, and we can certainly request from the District any type of removal of downed trees or debris. We can put together a report for you and submit that for approval, and with the certain amount of money which would have to be allocated, which I am not sure we have anything in our budget for, we can start cleaning up debris and trees in the preserves. It is something we can do should you want us to pursue that. Mr. Bhatla: Jimmy, our concern is all our assets are properly insured to the extent that we want to have risk mitigation. Chairperson Stamp: Jim is going to cover that with the District Manager's report. Mr. Martinn Winters: When do you think you will have your report on the assessment of all the work that needs to be done on the front entrance HOA property? Mr. Messick: I'm planning to have my draft reports to the District Manager for his review by the end of this month. Maybe the first week of the next month. I'm really trying to get those done next week and the week after. When you all will be able to see it,Jim can answer that. Mr. Ward: Contextually, Jimmy's reports are going to feed into the preparation of the 2023 budget, so once I have his initial draft of the documents, he and I will review them. To the extent there are any changes that we need before it comes to you, we will go through that. I will then take that information and include it in your 2023 budget and your longer term capital plan, and the entire thing will come to you at the next meeting. At the very latest it will be your April meeting. There is a short window between the time he will give it to me and the time I will have to produce an agenda for you, so with luck it will be in March, but more likely it will be your April meeting. Mr. Boguslawski: I'm under the impression that we went through the process of smashing everything together and handing it to you in part to help sort things out. What it is that the CDD 15I Page 16 I 1 Flow Way Community Development District February 17, 2022 should maintain, should own, should have the permits for, and what should be HOA owned, maintained, etc. Ideally there would be a nice separation. I'm under the impression we are going through that process before both of our 2023 budgets happen so that you can budget for the right things, we can budget for the right things, and at least I'm hearing a couple of things in this meeting that cause me to think you are putting budgets ahead of the separation. Mr. Ward: Our budget process is way ahead of your HOA process. We have to get a budget adopted basically and approved by the Board probably in April or May in order to go through and do a public hearing in June or July. At the very end of the day, the Board has to adopt a budget at the latest at their July Board meeting in order to hit the November tax rolls. My assumption, and I understand what you're saying, is that the delineation of the assets, who does what to who, in my head I'm relatively clear on what we are doing right now. If we decide to put it back in the HOA, we do it in 2023 or 2024, it doesn't really matter, but they are pretty clear at the moment that it doesn't matter if we keep all of the stuff that we've already taken over to me. It's a very clear delineation of the assets themselves. If for some reason you want it back, you can have it, but at the moment I don't think it's a problem moving forward the way I'm moving forward unless you decide you want to change it somehow. Mr. Boguslawski: I'm not trying to force anything, I'm just hearing about the pressure you're going to have, and we know that there is going to be some ongoing movement followed by changing who owns things, like the bridge and the pumps and I just think the sooner we can get to straightening all that out, and having a planning basis together, I think that's going to be a good thing. If that is not doable before your April timeframe, I would hope we could be at the final budget that you all have so that maybe you could knock some parts out and we could put some parts in. Mr. Ward: That, we can do. Chairperson Stamp: We are going to leave a lot of things unfunded, so if we are able to pass some costs back to you, we can pick up stuff that we are going to leave on the table right now. Jim has to present to the Board a budget proposal by the 15th of June, so we won't adopt it at that point, but— Mr. Ward: That's my statutory deadline, but in Collier County, because I have to certify tax rolls in August, and I know we have to do mailed notice this year to all residents of our public hearing, that's a 45 day process to get those mailed notices out. I need 60 days before that in order to at least get the budget and go through at least one workshop board meeting in order to get it approved to go to the public hearing, so we are on a very tight time schedule. July would be an unbreathable time for me to get assessments on the rolls. I really want to get this done before then. Mr. Miller: One of the things you did on the map, Jimmy, was to show where the littorals are permit required and that's very good, thank you. Does that mean that those are required in each lake? You can have more, but you can't have less than that? Mr. Messick: Correct. 16IPage i 6 I 1 Flow Way Community Development District February 17, 2022 Mr. Miller: With respect to where the littorals are shown, does the permit require they be in that exact spot, or could we move them? Mr. Messick: Yes, you can move them around as long as they meet the minimum length of littorals on the lake bank per lake, not overall. You can see on lake 22, there are no required littorals. Chairperson Stamp: We are hoping to get the maps up on the CDD website soon. III. District Manager—JPWard&Associates, LLC a. Internal Preserve—Golf Cart Fire(Insurance and Liability) b. Financial Statements for period ending January 31, 2022(unaudited) Mr. Ward: The only thing I had for you is I wanted to address the insurance issue with respect to the fire that happened. The District is fully insured with liability insurance for the fire that occurred, and we would have been fully protected including any physical damage to property that would have been done as a result of that. I can tell you, irrespective of this, we are going to be updating our insurance going forward to deal with some issues that are coming into our realm this year. For example, the pump station, the bridge, that all needs to be insured, but at the moment, with respect to the entire water management system, you are fully insured, including the preserves from a liability perspective. Chairperson Stamp: Don't we have a cap on liability for sovereign immunity? Mr. Ward: We do have sovereign immunity limits. The legislature has loosened those limits to the benefit of other parties, not the governmental agency. We do have some limits with how you sue a District and what that is, but generally speaking our insurance covers any of the sovereign immunity issues that we may experience. SEVENTH ORDER OF BUSINESS Audience Comments Audience Comments: Public comment period is for items NOT listed on the Agenda, comments are limited to three (3) minutes per person, assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes Chairperson Stamp asked if there were any additional comments or questions from the Board Members or audience members. A conversation lead by Ed Staley was held regarding the success criteria of the preserves which was largely(indecipherable). Mr. Staley: --doing something to determine the status of 1, 2, 3, because if I remember success criteria, it's not precise, but it's not totally imprecise either. A certain percentage of the good stuff and a certain percentage of(indecipherable), so is somebody looking at where we are on the preserves? We were told in an email by Tim Hall that not that long ago only the internal preserves had met success criteria. None of the external preserves had met the success criteria even though they had been there for years. 17IPage i611 Flow Way Community Development District February 17, 2022 (Indecipherable). We need to know as precisely as we can where we are on all of the preserves, on that continuing basis. (Indecipherable). Mr. Miller: With respect to the success criteria, if you have to meet it for three consecutive years, if you were to miss a year it would start over for three years if some part of it failed. Chairperson Stamp: The answer is, we will be doing it. Like you saw, we just pulled all the money from the preserves, so we are probably not going to get to it until the next fiscal year, but it's certainly going to be:one, part of the lawsuit, and two,part of what we are going to be doing moving forward. Mr.Staley: (Indecipherable). Chairperson Stamp: Keep in mind, our damages are what we have spent. If they fund the trust, it will be going forward. It all plays into the damages. Does anyone have anything else? If not, my intentions going forward on the budget is that Jim will present it when it's ready. He called it a workshop, where we will go through the budget line by line, what it is, why it's there, what it does, and then we will vote on the budget or adjust the line items. Ron tried to do that back when it was a Taylor Morrison controlled board and they wouldn't let him. Everybody is going to get that opportunity. Keep in mind that if we add, we are adding to the assessment. The budget that will be presented will have an assessment increase based on what is presented. You will get an idea what it is. Mr. Bhatla: When are we going to have the workshop? Chairperson Stamp: When Jim presents it. Mr. Ward: Based upon when I get this budget out to you, I will put a schedule in there of what it will take in order to get to the public hearing and the timing to do that. Within the context of what that open period is, I planned on recommending a couple of dates to you, but I don't have them as of this moment. I haven't written that part of it, but I do know the general outline. At the very latest we will start the budget process in April. With any luck at all, it will be March, and then April and May we will have time for at least one or two meetings. It will have to be approved either before that, or at the very latest in May, in order to make a public hearing. Chairperson Stamp: Keep in mind, at the public hearing we can still take the amount down, but not up. Mr. Ward: I will counsel you, however, to calculate an assessment rate at a public hearing, to change numbers, is virtually impossible for me to do, because we are doing notice to residents. By the time we finish the budget process we should be in a position ready to go, unless something extraordinary happens between the 60 days intervening the notice date and the public hearing date for you. My point is, try to think now versus later in the process. EIGHTH ORDER OF BUSINESS Announcement of Next Meeting Announcement of Next Meeting—March 17,2022 NINTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 2:30 p.m. 18 I Page Flow Way Community Development District i b I 1 February 17,2022 On MOTION made by Mr. Ron Miller, seconded by Mr. Martinn Winters,and with all in favor,the Meeting was adjourned. Flow Way Comma Development District /4W Jam ,Secretary Zack Stamp,Chairpers 19I Page 161 1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, March 17, 2022, at 1:00 P.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Martinn Winters Assistant Secretary Bart Bhatla Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P. Ward District Manager James Messick District Engineer Greg Woods District Counsel Audience: Dave Boguslawski Jim Hadder(ph) All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted, and all Members of the Board were present, with the exception of Supervisor Ron Miller, constituting a quorum. Supervisor Miller arrived 10 minutes late. SECOND ORDER OF BUSINESS Public Comments Public Comments for non-agenda items (Limited to three (3) minutes). Individuals are permitted to speak on items on the agenda during that item and will be announced by the Chairperson. Chairperson Stamp reviewed public comment protocols. He stated due to the anticipated length of the meeting certain Items would be taken out of order of the published Agenda. He asked District Council to proceed with the Staff Report, District Counsel, portion of the meeting. 1 I Pag 16I1 Flow Way Community Development District March 17, 2022 Mr. Greg Woods indicated the HOA filed a revised answer in the lawsuit; the HOA did not file for a counterclaim but appeared via an answer. He stated the HOA changed their status and were no longer defendants. He reported under the case management plan,trial was set in the May/June trial docket; in the case management plan, mediation had to be completed prior to trial; therefore, he was trying to coordinate a date with Taylor Morrison in the first two weeks in April for mediation. He stated Mr. Stamp would be a representative of the Board but would have no power to bind the Board to any decision; a proposal would be brought to the Board during a shade session, discussed and voted upon. He stated a couple more depositions would be done of corporate Taylor Morrison. He stated discovery would be completed by the end of April. He stated the nonbinding arbitration was still set for April 26 and if they did not settle at mediation, and Mr.Stamp would attend the nonbinding arbitration. Mr. Bhatla asked if the corporate persons being deposed belonged to the national Taylor Morrison corporate office, or the Florida Taylor Morrison corporate office. Mr. Woods responded the Board was suing Taylor Morrison Esplanade, LLC., which was the entity who owned and owns property in the Esplanade development, as well as Taylor Morrison of Florida, Inc., which was Taylor Morrison's arm in the State of Florida. Mr. Ron Miller joined the meeting via audio and indicated he was en route. Chairperson Stamp indicated Item 6 would be discussed once Mr. Miller arrived. He stated the purpose of today's meeting was not to adopt a budget; therefore, the consideration of Resolution 2022-3 would be held until July when the Budget would be adopted. He asked if there were any items which would be discussed while waiting for Mr. Miller to arrive. Mr.Tom Kleck noted Mr.Jim Hadder wished to speak about various lake concerns. Mr. Jim Hodder: Throughout the golf course, especially on the 16t' hole, there are unusual growths. There are trees there that are dead and dying. They done belong in the littorals. They don't even belong on the golf course. They are kind of in the way. I was wondering if you would consider allowing the superintendent to remove anything that was non-littoral in fashion. I've shown pictures to Ron and Tom Kleck, and they don't belong there. So, at no expense to the CDD, if you could authorize the superintendent to remove those along the littoral banks, we would appreciate it. Mr. Ward stated Mr. Hadder needed to meet with Jim Messick and if Mr. Messick approved then the undesirable plantings could be removed. No additional Board approval was needed. Mr.James Messick stated that they could meet while the arborist was onsite to work together. Mr. 10:20 asked for photos and locations of the undesirable plants; he would ensure the plants were actually undesirable nuisance plants which could be removed. Mr. Hadder stated the Grounds Committee, of which he was a member, was in a planning state, planning range expansion. He noted there was a section of the driving aqua range which was deemed to be eroded and could be filled in. He stated this eroded section was on the right side of the driving range between the range and Tee Boxes. He stated the preliminary bill to take care of the erosion would be $39,000 dollars just to fill in and did not include the cost of building up the littoral banks. He stated it might be advantageous to both the CDD and HOA to include this cost in next year's budget. 2IPage 16I1 Flow Way Community Development District March 17, 2022 Mr. Messick asked if the intent was to fill a portion of the lake which was eroded. He asked for a sketch of what Mr. Hadder proposed to do. Mr. Hadder displayed a photo of the area and discussed what the plans were. Discussion ensued regarding Mr. Hadder's recommendation. Most of this conversation was (indecipherable), no audio was picked up. There was approximately three minutes of lost audio at this point. Chairperson Stamp noted audio was back and asked Mr. Ron Miller to discuss Item 6 on the Agenda: Supervisor's Request - Discussion of additional Taylor Morrison lawsuit for construction defects and deferred maintenance. Mr. Ron Miller thanked the Board and Chairperson Stamp. He noted the court date for the lawsuit was fast approaching. He noted the Board had never had a discussion regarding how much money it wished to obtain through the lawsuit. He asked if there were any possibility of having this conversation off this record. Mr. Woods stated the desired amount could not be discussed ahead of time; if a settlement was proposed by the other side, the Board could then be brought into a shade session for discussion. He stated discussing lawsuit money in a public session would create multiple problems for multiple reasons, and from a litigation standpoint, should not be done. Mr. Miller asked if the judge or jury would ask what the CDD wanted. Mr. Woods responded in the affirmative; he would be making a request for a certain amount of money based upon the testimony to date. He stated Mr. Tim Hall testified the amount of money needed to take care of the preserves in the future was in the$3 million dollar range. He stated claims were made for past payments in an amount close to$1 million dollars. Mr. Miller stated he believed if Mr. Woods polled all five Board Members, Mr. Woods would receive five different numbers. He stated $3 million dollars was just scratching the surface. Mr. Woods stated the opinions of the Board Members did not matter in a court of law. He explained only someone with expertise in the actual cost of the environmental cleanup could make a determination. Mr. Miller stated it was a matter of maintenance in perpetuity, not a matter of specific numbers. He noted the CDD had limited investment options; funding for a $250,000-dollar annual maintenance cost in perpetuity would not be covered by$3 million dollars. Mr. Bhatla stated he understood the engineer would determine the operation and maintenance costs; however, an engineer could not make the necessary funding estimate; an actuary was needed. He noted he spoke with an actuary consultant who estimated more like $8 million to $10 million dollars would be needed. He recommended the lawyers bring in an actuary expert. Mr. Miller agreed. 3IPage 6I1 Flow Way Community Development District March 17, 2022 Chairperson Stamp noted the Corps had mentioned it would apply a 2-3% interest rate. Mr. Winters agreed indicating the Corps said the benchmark was 2%. Mr. Miller stated the best circumstance would be if an offer were received and the shade session was entered. He stated it was important to hold this discussion. He noted the attorney needed a roadmap. Mr. Woods explained the lawsuit was attempting to declare the transfer invalid, so Taylor Morrison would still hold the title to the preserves. He stated if this were accomplished, the $3 million would become irrelevant. He noted whatever amount the Board indicated it wished to receive through the lawsuit was irrelevant as he was required to have an expert opine as to the cost of the remediation and ongoing maintenance expense, and another expert opine as to the calculation of the fund needed to maintain the preserves. He stated the interest rate used would follow the lines of what the Corps would typically use. He noted an expert could opine as to the percentages based on the Corps' numbers. He stated these would happen at trial. He noted in terms of settlement, when there was an actual settlement offer, then numbers could be negotiated and discussed; however, the opinions of the Board Members would be irrelevant for the trial. He stated he would try for the highest number possible, but at the same time you did not want to appear with a number which was too high and lose credibility. Mr. Miller stated he wanted to discuss filing a second suit for construction defects. He stated in August of 2018 Taylor Morrison lost a $17.3 million dollar suit to Aqua Lakes Community Association and in November 2021 Taylor Morrison lost a $35 million dollar suit to Poinciana CDD. He noted Taylor Morrison had two other lawsuits pending against them. He discussed the motion he made and withdrew during the last Board Meeting regarding filing a second lawsuit for construction defects. Mr. Woods stated the judge ruled a separate suit would have to be filed regarding any defective construction issues. Mr. Miller stated he felt this should be done sooner rather than later. He noted the Board now had significant numbers it had to assess to the residents because of Taylor Morrison. He stated while it would be wonderful to file a joint suit with the HOA for construction defects, he did not want to wait for the HOA if the HOA were not ready to file. He stated he wanted to have this second suit filed before entering the courtroom for the first suit. He noted he understood the Board did not have a lot of money to spare at this time, but he did not feel it would cost much to just file the suit; the time and money came later with due diligence, discovery, depositions, etc., and this could be deferred until the funds were available. He asked how the other Board Members felt about this idea. Mr. Winters stated (indecipherable). Mr. Woods indicated he could not hear Mr. Winters. Chairperson Stamp stated Mr. Winters was saying in effect, the Board already authorized a second lawsuit as it authorized trying to amend the lawsuit to add the claims. Mr. Woods stated Mr. Miller was correct, a second suit could be filed, and it would not be expensive to get the filing done;the costs came later. He stated if the Board wished this to be done, he could file the secondary suit relatively quickly. He stated Counsel's preference was to try and file this suit with the 4IPage ! 61 1 Flow Way Community Development District March 17, 2022 HOA as a plaintiff. He noted the HOA was hopeful to be ready to file suit in 6 to 8 weeks; from a strategic standpoint he would like to be joined with the HOA in the same suit, but this might not occur for a couple of months or longer; therefore, if the Board wished to proceed with filing the suit this could be done. Mr. Kleck stated he felt hearing Taylor Morrison was losing other cases was a good indication the CDD had a good chance of winning its case as well. Mr. Bhatla stated he felt authorization to file a construction defect suit had already been given. He stated before increasing the residents' assessment the CDD needed to show it was taking action and it needed to show cause for why assessments were being raised. He stated he was watching corporate Taylor Morrison carefully and watching the Taylor Morrison annual reports. He noted Taylor Morrison seemed to be underrepresenting its potential environmental liabilities. He stated he felt the SEC would not be pleased. Chairperson Stamp discussed reporting rules as related to the SEC. Mr. Bhatla discussed ESG and the Taylor Morrison Corporation. He noted Taylor Morrison had eight presidents and the President of Taylor Morrison of Florida may or may not communicate with the Corporate Office. Mr. Ron Miller stated he did not know whether the President of the Taylor Morrison Corporation knew of the lawsuit specifically, but he knew the President of Taylor Morrison in Phoenix was aware of the situation. He noted he wrote the President of Taylor Morrison in Phoenix a letter a long time ago. Chairperson Stamp stated he agreed he was given the authority to move forward with filing a second lawsuit; it was more a judgment regarding tactics and strategy that this was delayed. He noted it was the advice of Counsel, and he agreed, that it was better to wait and file with the HOA. He noted at some point it may be necessary to move forward without waiting for the HOA, but he did not feel this was necessary yet. He stated if the case went to trial in June, and there was an excellent chance the trial would be postponed,the secondary case could be filed the week before the trial and there was plenty of time to wait for the HOA to be ready to join the case. He added if the purpose was to show the public the CDD was trying, the Budget was not going to be adopted until July and the construction defect case could even be postponed until July. He noted there had been discussion between CDD counsel, HOA counsel, and the HOA. He stated it was possible, in the next 60 days plus, which would still be before the June trial date and the July budget public hearing, even if filing a joint case with the HOA fell through, the CDD could still accomplish its goals. Mr. Ron Miller suggested not taking any action today but perhaps during the April Board Meeting this could be considered again, and he might make a motion during the April meeting to file suit no later than May 31, 2022. Chairperson Stamp thanked Mr. Woods. THIRD ORDER OF BUSINESS Consideration of Minutes February 17,2022—Regular Meeting 51P g 16 1 1 Flow Way Community Development District March 17, 2022 Chairperson Stamp asked if there were any corrections to the Minutes; hearing none, he called for a motion. On MOTION made by Mr. Tom Kleck, seconded by Mr. Bart Bhatla, and with all in favor, the February 17, 2022, Meeting Minutes were approved as amended. FOURTH ORDER OF BUSINESS Consideration of Resolution 2022-2 Consideration of Resolution 2022-2, a resolution of the Board of Supervisors of the Flow Way Community Development District: (i)approving the execution and delivery of two applications to the South Florida Water Management District requesting a transfer of an existing Water Use Permit from Taylor Morrison to the District;and (ii) authorizing the District Manager to sign or execute such additional application documents as are necessary or required in connection with obtaining further approvals of any modifications to the Water Use Permits Mr. Ward: This is the authorization to transfer the existing water use permits for the irrigation system within all of Flow Way from its current ownership, which is Taylor Morrison, to the CDD. We deferred it for a couple of months. I think Bart was going to go look at some items with respect to that permit along with Jimmy and they are in concurrence it is time to move forward with transferring those water use permits over to the CDD. Mr. Messick agreed it was appropriate for the CDD to maintain and take responsibility for ownership of the irrigation consumptive use permits. Mr. Kleck asked about potential expenses as a result of this transfer. Mr. Bhatla: It is only the fee involved, which is$100. Mr. Kleck discussed his previous experiences with a different HOA in which the HOA took over responsibility for the fountains in the neighborhood which ended up being a tremendous expense to maintain. Mr. Ward: Yes. There is a substantial expense for the District to get into the business of maintaining the assets it owns. This irrigation system is one of those assets. We will incur a significant expense as a part of the 2023 budget for which we will get into all of the costs of that, including the irrigation system, when we talk about the budget. We do have estimates of that, and if you don't mind, we will do that as a part of the budget process. Mr. Winters: Should we know what that number is before we vote to take it over? Mr. Messick: We have looked at the assets. We do know that one of the reuse pumps is being looked at today, so we will find out the cost to get that back up and running this week. Mr. Ward: I want to point out, because Martinn's question is good, we already are maintaining these assets. All of the assets of the District have come into the CDD basically as of January 1 of this year, so all of the expenses, the reuse/irrigation system, the storm water system, the lake banks, littoral shelves, Wage 161 1 Flow Way Community Development District March 17, 2022 entranceways, the fountain, roadway, bridge, landscaping, etc., all are in the CDD and being maintained by us right now. So, this facility is a CDD facility. All we are doing with respect to the permit is just ensuring that 374 million gallons of irrigation water that's in this community is permitted correctly on a going forward basis. We can always change the permit. That's clear we can do that. That permit is integral to, and important to, the integrity of the assets of this entire community and has to go somewhere, so it has to get out of Taylor Morrison's name and come to the CDD. The cost of the maintenance, whether the HOA does it or the CDD does it, is not insignificant. Mr. Winters asked if there were any deferred maintenance or construction defects associated with the asset. Mr. Ward: As a part of your budget process, we are going to go through all of the capital elements that need to be repaired, replaced, etc. I don't really see any major issues with the reuse/irrigation system. We do obviously have some problems with it at the moment, which are being worked on and repaired, but we will get into that with the budget process. These are minor at the moment. Mr. Bhatla: I think it is reasonable to ask our engineer to prepare a brief report indicating the expense that we are learning about, like an information item, so the Board Members are aware of the cost. Everything you said was appropriate. It has to come to us. He asked for a report including information about the ground wells,etc.,the replacement and repair costs, etc. Mr.Ward indicated this could be done. Mr. Dave Boguslawski indicated he had information regarding the pump which was inspected. Mr. Ward asked him to defer this until later in the meeting. Chairperson Stamp called for a motion. On MOTION made by Mr. Bart Bhatla, seconded by Mr. Tom Kleck, and with all in favor, Resolution 2022-2 was adopted, and the Chair was authorized to sign. FIFTH ORDER OF BUSINESS Fiscal Year 2023 Budget Plan Fiscal Year 2023 Budget Plan and Five(5)Year Capital and Asset Evaluations Mr. Ward: I am required to prepare and present a budget to you on or before June 15th of each year. At some point during the process, you have to approve it so we can set a public hearing and do the mailed notice requirements. Conceptually, the process would be that we would start that process today by reviewing your proposed budget. We will have today, April and your May 19th Meeting for purposes of review of the budget. At the main meeting you will need to make a decision on,for lack of a better term, approval. It does not bind you to anything, but it merely allows Staff to proceed forward to your public hearing. Then in June we will do the mailed notices and at the July meeting you adopt the budget. Approval lets you move forward, and adoption puts in place the assessment rates and the programs with respect to your budget. Today, we are going to start that process with you and in preface to actually 7IPage tell Flow Way Community Development District March 17, 2022 preparing the budget, you had authorized in the latter part of 2021, Calvin Giordano (CGA) to prepare a number of reports for that outlined the status of the existing assets, values of our existing assets,five year capital plan for all of those assets, what needs to be done on a short term basis for 2023, and on a five year basis for the restoration of all those assets, and how to handle that on a going forward basis. Then one they finish that with you, I will get into the financial impacts of the plans that have been prepared for you by CGA for all of your assets. We will start with Jimmy with his three reports and when he's finished, I will summarize that with a review of your proposed 2023 budget. All of the information and the costs that he has in his reports then fall into your proposed budget for 2023. I. Calvin,Giordano&Associates—Capital and Asset Reports a. Capital Improvement Program b. Asset Replacement Cost Report c. Stormwater Erosion Report Mr. Messick discussed his process including investigative work researching various permits. With regard to the environmental resource permit through South Florida Water Management District, there were quite a few permits. There was a family of 22 applications that have been submitted to the District for approval. Originally in 2002 the original PRP was submitted. It's application 000518-10. Since the original permit there have been various permit extensions and compliance minor mods that were submitted, until 2012 in November, the conceptual approval and (indecipherable). Mr. Messick continued to discuss the various permits which were approved and modified over the years. He indicated he also researched the plats submitted to Collier County which outlined what parcels and what dedications were required for the HOA, Esplanade Golf and Country Club of Naples, Inc., Collier County Water and Sewer District, Collier County, Public Utility Easements, North Collier Fire Control District, and reserves to the developer. He explained this research allowed him to do an inventory of the assets. He reported assets included the drainage system, irrigation system, entry feature, entry roadway, and landscaping. He reported the drainage system consisted of lakes and canal banks, pipes, and structures; the irrigation system was primarily the pump house, pumps, controls, irrigation mains; the entry feature was the roadway, landscaping, curbing, striping, signage, marquis sign, and fountain at the entrance along Immokalee; and the landscaping included the landscape buffers and internal common elements identified. Mr. Messick indicated his first report identified what the asset replacement costs were; the total projected asset replacement costs were estimated at $12.2 million dollars. He noted these numbers should be updated annually to account for construction and District changes due to inflation, labor rates, material availability, taxes, and insurance. He noted the purpose of this report was to provide the CDD with asset replacement construction costs in order to establish a capital reserve program. He discussed the irrigation pump house and system; the pump station located northeast was well landscaped and the overall irrigation reuse system used surface lakes for withdrawal for irrigation systems through the community. (Indecipherable). He reported the Hatcher parcel had a separate system which had its own pump station,valve, motor with electrical and filter, and included its own mains. He discussed the stormwater drainage system which included the control structures, weirs, culverts, drainage structures, littorals, pipes, etc. He discussed the next asset, the entry feature, which included paver brick roadway, curb and gutter, 8 Page 16I1 Flow Way Community Development District March 17, 2022 pavement markings, signage, marquis sign and entrance water fountain. He stated lastly was the landscaping and a map was included which identified the landscaping areas. He discussed the various landscaping buffers. He stated the report also included pictures of the various assets. Mr. Messick reported in order to develop an accurate 5-year Capital Improvement Plan (CIP), all the permit conditions were taken into consideration. He discussed the condition of the lake banks noting the easements and slopes in the community had deteriorated and been compromised by weather and wave erosion, as well as installation of downspout yard drains. He noted rip rap was installed to help with erosion, but he recommended not allowing any future installation of downspout yard drains. He stated the homes, or the affiliated association, would be responsible for rectifying these downspout conditions prior to lake bank restoration. He discussed the footage per lake which would require corrective action or reconstruction, explained the materials required for lake restoration, and the fiscal impact of providing these improvements. He noted the permit held the CDD responsible for correcting erosion. He discussed lake bank erosion restoration options and costs. He noted dredging or recovering the fill which had been eroded, and re- grading the lake banks, particularly into Geotubes, was the recommended option as it was the least intrusive and disruptive to residents and cost $49.50 per foot, totaling $618,629 dollars. He stated these numbers were also included in the Capital Improvement Plan based on the lake erosion evaluations and ratings identified; rating was from 1 through 5, with 5 being worst with over 30 inches of lake bank restoration necessary to meet permit conditions. He stated GIS prepared maps for review. He noted there were tables which identified necessary lake bank restoration and costs per lake. He stated the cost for littorals were also included in the CIP. Mr. Messick stated the last item prepared was a Capital Improvement Program which was a "cliff notes" of all the CIP projects. (Indecipherable). He read the executive summary: "The Capital Improvement Program establishes, prioritizes, and plans funding for programs to improve existing infrastructures and facilities. CIP promotes better use for the CDDs limited financial resources, reduces costs, and assists in coordination of community asset maintenance. The CDD's CIP is a five year program which identifies the major expenses over and above routine annual operating expenses. While the CIP serves as a long-range plan, it is reviewed and revised annually. Priorities may be changed due to funding opportunities or circumstances that cause more rapid deterioration of the community's asset." He indicated the Capital Improvement Program included the capital improvements proposed in the budget for Fiscal Year 2023 through Fiscal Year 2027. He discussed the different sections of the Capital Improvement Plan including stormwater management services, erosion restoration, drainage pipes, internal and external preserves, irrigation pump station and community (indecipherable). He noted the Program outline included who,what,where, when, and why for each project. Mr. Kleck asked when his lake would be fixed. He noted the report indicated it would only cost $1,485 dollars to fix his lake. Mr. Messick responded his lake was projected to be fixed in 2027 as it was a small lake with little erosion. Mr. Kleck asked what the$1,485 dollars would fix. Mr. Messick responded the slope of the bank would be restored to permit requirements. 9 ' Page 161 1 Flow Way Community Development District March 17, 2022 Discussion ensued regarding the reports presented by Mr. Messick; a previous estimate of $500,000 dollars to bring littoral plantings up to permit requirements; and the investigation of lake bank littorals revealing there were no littoral areas missing; all littoral plantings were up to and exceeding permit requirements. Mr. Messick indicated the CIP included lake bank erosion restorations, littoral plantings, drainage pipes and structures. He explained the immediate actions needed in pipes and structures were identified, as well as lake bank restoration. Discussion ensued regarding littoral plantings, permit requirements for littoral plantings; and the lake maps including permitted littoral plantings. Mr. Messick noted not all lake banks were required to have littoral plantings. Mr. Kleck noted the Audubon Golf Course, which was also a Troon property, and the lakes at the Audubon were gorgeous. He discussed the flowering littorals around the lake and the clear water. He asked if anyone had contacted the Audubon regarding how it was maintaining its lakes. He stated he felt whatever plan the Audubon followed was clearly working very well. Mr. Messick responded he had not communicated with Audubon. Mr. Kleck asked if it would be possible to communicate with Audubon. Mr. Messick responded in the negative. An unidentified member of the audience stated: You have to keep in mind too, the developer giving you a starting point of what they were required to do, so maybe they have gone and done further enhancements on top of that. What we've found is that the plants are all where they are supposed to be and there are additional plants around portions of the lake in addition that have either volunteered or were over planted. They are also all the same plant more or less, 80%to 90% of the littoral plants are spikerush and cordgrass. He noted there were some littoral plants which did flower in some of Flow Way's lakes, but this was not widespread, while Audubon may have had mostly flowering littorals permitted and planted. Mr. Ron Miller made comments in regard to other communities using creeks to control the water levels in the lakes. Mr. Messick: You see, with storm water setups that are setup with positive inflow and a discharge, you will get the clearer water, it will pass through to make it a little bit cleaner. In this case the Flow Way canal on the outside is what's leading water from the preserves to the north to the Cocohatchee canal on Immokalee and we don't reap the benefits of that fresh water coming in. The Flow Way is not feeding our lakes, but it is connected. We have overflow control structures that discharge to the canal. Typically, you are going to see water leaving, not water coming in. Mr. Winters: This is a 5 year plan, and I assume there are assets whose lives last longer than 5 years. My question is,for those long-lived assets, are we establishing preserves, or should we be establishing preserves, to replace some of these more expensive items that are going to fail in year 6 or 10? 10IPage i6I 1 Flow Way Community Development District March 17, 2022 Mr. Ward: In my perfect world the answer is absolutely we should be doing that. But we are operating on a cash basis. Mr. Winters: Is it worth setting up a contingency(indecipherable)? Mr. Ward: I don't think it's large enough to really need it. If we did it, in a project this size, it's going to be a $150,000 dollar a year addition to your budget for that kind of a reserve. I don't think we need it right now. I think in three years we could take a look at that. Chairperson Stamp: Part of it will be how the lawsuits come out. Discussion ensued regarding the necessity of setting up a reserve account; and revisiting the reserve account in a few years. Mr. Ron Miller asked a question to Jimmy Messick and made some comments regarding assessments on the residents increasing, while looking at a 5-year plan that instead of killing everyone on year one, looking at options of moving items from the budget by priority. Mr. Messick: The priority level is based on how much erosion the lakes have, so lakes 12, 20 and 21 were put in front of lakes 7 and 8 because they have more erosion to them, but certainly the Board, if you want us to move one in front of the others, the work could be done. (Indecipherable) could make the case to let them do the improvements and they will come in and finish the lake bank restoration after they're done, whether that's in 2024 or we can push it back to 2025. We have the time to decide that. This discussion is good because that wasn't considered in our— Mr. Miller: Or we can leave things just the way they are, and make those decisions at that time? Mr. Ward: The answer is yes. We can do that. If you look in the 2023 capital program, we do keep a contingency. I'm keeping a contingency item within the erosion restoration, so there is a $10,000-dollar contingency item in here, plus what we don't know right now is whether lake 11 and lake 21 are going to be at those total numbers. They might be under; they might be over. So, we have some leeway. It's not going to be October, November, December, January leeway, but maybe by March or April next year we will have a better understanding of whether we can actually say yes to moving it, but conceptually we can make those kinds of changes on a going forward basis. It's just something we should look at maybe after the winter. Mr. Messick: It's worth mentioning that we will put out an RFP for contractors to bid on for all five years, so we will that will hold those pricing down they will have to stay to those prices for that period and see those prices now. Mr. Miller: I just wanted to make sure that we have the opportunity to cooperate in the (Indecipherable). Chairperson Stamp: We have pretty good transferability between lines. We can pretty much move stuff around, but we have to have a good rationale for doing it. 11IPage tell Flow Way Community Development District March 17, 2022 Mr. Bhatla: I got the impression that the lakes and littorals we got from the developer were in good shape, in other words they complied with the permit requirements. Mr. Messick:yes. Mr. Bhatla: So essentially the capital improvement program, operations, and maintenance, is not including(indecipherable). Mr. Messick:yes. Mr. Bhatla: So, all this information would also provide us information about what we might have had as deficiencies at the time of the turnover. We need these starting points. II. Proposed Budget—Fiscal Year 2023 Mr. Ward: I'm going to start on page 1. Pages 1 through 4 are the meat of your operations budgets. One of the most important elements of this budget is how much cash we will have at the end of the existing fiscal year that will carry us through December 31 when we begin to receive a lot of the assessment revenue from the project. Our estimate is that we will only have about$90,000 dollars left by the end of this fiscal year that will let us pay bills October, November, and December. What I've calculated here is a way to get that cash level up to roughly$350,000 dollars to$400,000 dollars by the end of 2026,so we will then have enough money to carry our budget. I have included$91,000 dollars in this year's budget. You'll see it as a negative number in the far right column. A negative number in a government in this line item is really money coming in. That's money that will come in, in 2023, 2024, 2025, and then going into 2026 we will have enough money to basically operate the district on the first three months. I've spread that pain out over a three-year period, for lack of a better term, in order to try to meet these requirements. In actuality, the number is roughly 2.7 months of your current year operating budget. The 2.7 comes in because these days we tend to get money around the 18`n 20tn 215; 22"d of December just due to the way the appraisers and the collectors send us money on an ongoing basis. Mr. Ward: This budget is broken down by department. Departments are just the segments of the way in which we will operate the District. The first section is all of the administrative costs of the District which we have had in this budget from the beginning of this District. In the current year we are in, it's a $306,000 dollar a year operation. In 2023, that is a $350,000 dollar a year operation. Really, the only change to it from budget year to budget year is legal fees and a little increase in insurance projected for 2023. Obviously that number can go up or down simply as a result of the legal fees. The remaining items in here are relatively static items that stay consistent from year to year with some minor changes based on contract changes that we have on a year-to-year basis. Your engineering fees are the second part of this administrative piece. In the current year we are in, your budget is $25,000 dollars. I've increased it to $55,000 dollars for 2023. We have a significant cost in the current year we are in simply to get all of the kinds of reports we've developed with Calvin Giordano in the current year necessary to operate this District beginning in 2023-2024, etc. We go to the next part. Your stormwater management system is broken down into essentially two parts. One part is your favorite part of this entire budget which is the external preserve maintenance item. The budget has traditionally been roughly$260,000 dollars a year. It's basically the same as what it was in 2023, except for $55,000 dollars that are coming into the budget from some capital improvements, and if you look on the capital plan, that is simply the fencing for the external 12 ' Page 161 1 Flow Way Community Development District March 17, 2022 preserves that's been scheduled in over the five-year period. The next part of your storm water is the lakes, the lake banks, the littoral shelves, the capital associated with that, and how we are going to operate that in fiscal year 2023. Interestingly enough, our 2022 budget has that number at roughly $81,600 dollars for the current year. Those are the numbers that we had been consistently carrying for a couple of years in our budget. Now that this is the first year of pay operations and the first year that we have really had an opportunity to evaluate what it really costs to maintain the system, that number needs to go up to $476,000 dollars for fiscal year 2023, and that includes the capital elements that I will get to in a few moments and that Jimmy has mentioned on an ongoing basis in order to maintain the system. I'm not going to tell you that's the Audubon's scale of operations, because I don't know that obviously, but it will get us to an operational base that I think is substantively more reflective of a community that's built out and that we need to have on a year-to- year basis going forward. You will see improvements from what we have now. The next part of this budget and the other part of the program is the community wide irrigation system. The irrigation permits, as Jimmy referenced, were permitted at 374 million gallons a year of irrigation water for this entire community. It sounds like a lot of water but for a community of this size it's pretty normal. It included the pump station, the pumps, and wells with the station, etc. In the past, it was estimated at$35,000 dollars. The real number is roughly$125,000 dollars a year in order to operate and maintain that system including a few minor capital elements that go with it. Then another big piece is the landscaping systems and those assets at the front entranceway. They include your fountains, pavers, the bridge which surprised me. It's a private bridge, not maintained by Collier County. It's a bridge specifically for Esplanade, so it's got to be insured, it's got to be operated and maintained correctly. That budget is $268,000 dollars for fiscal year 2023. In our old budgets we had roughly$45,000 dollars, obviously not even close to what it's going to require to maintain that bridge. So, your overall operating budget is$1,653,000 dollars for fiscal year 2023, plus the$92,000 dollars to try to move some of the cash balance up, so your total assessment is going to be roughly $1,744,000 dollars for fiscal year 2023. What does that mean? It means our existing assessment is $525.04 dollars per unit. Our projected assessment for fiscal year 2023 is $1,473.28 dollars. Although it is a pretty significant number in terms of the change, what we tried to do in terms of this budget was make that number sustainable for five years. Basically$1,500 dollars a year is what we think we will need, but maybe with some minor increases or decreases, most of that I think will be more litigatory in nature in terms of increases, and if we have any other unexpected expenses, it may have an impact on that number. Mr. Bhatla: Certain systems have been moved from HOA to CDD, so essentially the cost it isn't going up because we were spending it already. Mr. Ward: What's in the existing anticipated columns we pulled over basically from the HOA. But then we did do an external separate evaluation of the cost it would take us to do that, including the capital costs, which is a significant portion of this entire budget process. Chairperson Stamp: But there is a difference. When the HOA was under developer control, they didn't do the maintenance. We are building in numbers for maintenance that they didn't. Mr. Bhatla: In other words, the irrigation system was being operated by HOA, now we are just taking it over, so we are increasing our costs, and the HOA is decreasing their costs. Would there be a net number? Mr. Ward: No this is not a net number. 13IPage 16I 1 Flow Way Community Development District March 17, 2022 Mr. Miller: I think what he's saying is that there isn't additional money for the residents, it's just that if the Taylor Morrison HOA was to do this, but they didn't and that's why we are suing them. Mr. Ward: Right. That's what I'm saying. Mr. Bhatla: So, it's all an additional amount. Mr. Ward: A lot of it is. The one thing we, as a government, cannot do — I don't make representations that an HOA number should go down by what we are doing. We independently looked at this entire system, and at what the existing HOA is doing, and what was being done by Taylor Morrison, and we came up with an independent analysis of that. That's what all of Jimmy's reports do for us, come up with the real cost of maintaining the system. Whether the HOA does it or we do it, this is the number. This is what it's going to take to run this program for this year,for this coming year and for the four years thereafter, on a reasonable basis for this community. As Ron was trying to say, the numbers we had in our budget were old Taylor Morrison HOA budget numbers. They were just not right. They were too low. They never were right. So, the $1,473.28 is the assessment rate proposed for 2023. The other number that's important is what we call the cap rate. That's the rate that we establish where we don't have to do mailed notice every year to the community. This year we are going to send out 1,183 notices to the community. The cap number is $1,767.94. That means as long as we don't go over that assessment rate for the next however many years, then we will not need to do mailed notice if we stay within the constraints of this budget. Along with the capital program element for the next five years, and what we anticipate may be some changes, either increases or decreases going forward for operations, I'm confident we should be able to stay within the$1,700 dollar number. Mr. Winters: What's the importance of not having to send mailed notice. Mr. Ward: It's more just doing it. It's a $5,000 dollar expenditure for us to go through that entire process. Mr. Bhatla: These costs include the maintenance of the preserves? Mr. Ward: Yes. Mr. Bhatla: Which of course is very much a subject of discussion. Why this should be included? Mr. Kleck: The perimeter fencing issues, do we have monies in there for that? Mr. Ward: Yes, we have phased those in over a 2-to-3-year period to handle the fencing. Mr. Miller made comments which were (indecipherable). Chairperson Stamp: Jim and I worked to put this together and the thought is, some of these numbers are probably high, but it is my intent to let all of the Board Members go through this line by line at a meeting and say, I want to increase or decrease this line, and we can come to a consensus and vote on it. We can do that. We can shape it. These are the parameters of what would implement the plan with the obligations as they exist today. Maybe not as they exist after the court case or down 14 I Page tee Flow Way Community Development District March 17, 2022 the road, but that's the framework we wanted to put together. It's an attempt to capture everything. Keep in mind that it is easier to reduce than it is to add. In fact, we get to a point legally where we can't add. Mr. Kleck: That being said, these numbers probably won't get any worse than what they are now in this report. Mr. Ward: In terms of if you want to add something, the answer is no. My intent and Jimmy's intent was to make it something that is sustainable for us for a 5 year period. Mr. Miller:I think it's good that we know the actual operating cost as this budget presents it, but still think we could remove some funding to preserves. Mr. Ward: One thing I think it's important to remember, the adoption of the budget doesn't commit you to spending it exactly the way it's here. So, even though I have,for example, the budget for the preserves, what they are, that decision —personally I think leaving it in is a good idea just because we need to sustain the assessment level. It doesn't mean we have to do it. Mr. Miller: but if we approve it, we have to assess it and don't have to spend it, what I'm suggesting is that we reduce the amount so that when we do the assessments that amount isn't included in the assessments. Mr. Winters: I know you've beat this to death in prior meetings, but it's worth rehashing again, responding to Ron's point, are we liable to the Army Corps of Engineers for not maintaining it if we don't? Is that a legal question? Chairperson Stamp: That's a legal question and I'm not a lawyer anymore. The simple answer is we don't know if we don't do it if they are going to go after Taylor Morrison or us. We can speculate and argue either side of that, but until it happens, we don't know. Mr. Winters: I guess the next question is, has our counsel been in contact with Corps, and if so, have they offered any hope that they are going to step in and do anything or are they just waiting for Taylor Morrison to reach maintenance phase before they come back to finalize the permit. Chairperson Stamp: The Corps has offered no guidance. There has not been any contact in quite a while. We've gotten no feedback from the Corps about anything. I guess the nature of government bureaucracy is, and I used to be part of one, is to wait for someone else to make the decision. That may be unfair to the Corps, but they know about all this; they have been advised but they are just not responsive. Mr. Winters: So, is it fair to say that their current posture is that they are going to wait for Taylor Morrison to get through the mitigation phase before they have to sign off on? Chairperson Stamp: I'm not sure they are going to do anything even then. Discussion ensued regarding the Corps; most of this discussion was (indecipherable). Mr. Miller: Jim, do we have the opportunity to get that stuff that to the(indecipherable)? 15IPage t61 1 Flow Way Community Development District March 17, 2022 Mr. Ward: Yes. Mr. Miller: Then I would suggest at least for the purposes of this meeting, that the Board consider eliminating the preserve maintenance, continuing to maintain the internal preserves plus$10,000 for additional preserves and let the chips fall where they may and we will take care of emergency when they happen. Chairperson Stamp: Remember Barbara Kininmonth indicated that the 1 and 3 preserves were done, and that they were spending literally hundreds of thousands of dollars on the preserves in the north end. So, it's not like they are being ignored if you believe what she said under oath. Again, we've got two more months. We could do it next month or the month after, or we could actually reduce the budget at the July hearing if we want to do that. Mr. Bhatla: Is the preserve an independent piece of property with its own title, or is that wrapped up in the community? Chairperson Stamp: There are separate specific deeds for that property that are not part of the Esplanade development. Mr. Bhatla: Then the question would be how could the CDD accept that because this is an independent free standing property? Chairperson Stamp: That was done by a Board controlled by Taylor Morrison. That is part of the lawsuit, that they violated their fiduciary duty when they accepted those parcels with essentially no debate at all. That is in essence the lawsuit against the directors; they should not have accepted it. And if there are any other items people want to make motions on, either up or down, we can't communicate with each other, but you could let Jim know as that would be helpful in facilitating what we are going to do. Also, if we do fully fund the preserves as recommended and we don't spend it, we are just adding to our contingency expenses down the road. Mr. Miller:(Indecipherable). Mr. Winters: Does that legal fee line item include the anticipated cost of the second lawsuit? Chairperson Stamp: No. Mr. Winters: Should we put an additional$50,000 dollars in there? Chairperson Stamp: We can do that. (Indecipherable). Keep in mind if we go to trial in June, which again is not likely, given the way they do it. They schedule a bunch of cases on the same days, knowing some will settle before trial, and you don't know if the line will get to you or not. But assuming we win everything, there is going to be an appeal, and it's going to drag out. We are not going to walk out of the courtroom with a check or anything, but after the trial our legal fees should be substantially reduced as trial time is very expensive. Mr. Winters: I just think it would be a good idea to earmark funds for the second lawsuit. 16IPage 16 I 1 Flow Way Community Development District March 17, 2022 Chairperson Stamp: That's reasonable. III. Consideration of Resolution 2022-3, a resolution of the Board of Supervisors of the Flow Way Community Development District approving the Proposed Budget for Fiscal Year 2023 Chairperson Stamp indicated Resolution 2022-3 would be held until July 2022 when the Budget would be adopted. SIXTH ORDER OF BUSINESS Supervisor's Request Mr. Ron Miller - Discussion of additional Taylor Morrison lawsuit for construction defects and deferred maintenance This Item was discussed during the Second Order of Business—Public Comments portion of the meeting. SEVENTH ORDER OF BUSNESS Staff Items I. District Attorney—Woods,Weidenmiller, Michetti, &Rudnick a. Status Report on Litigation b. Non-Binding new Arbitration Hearing date—April 26,2022 c. Update on discussions with HOA as to potential new litigation These Items were discussed during the Second Order of Business — Public Comments portion of the meeting. II. District Engineer-Calvin,Giordano&Associates a. Preserve Tree Removal b. Strategic Operational Plan c. SFWMD Water Use Permit Transfer d. Preserve Area Fire e. 20-year Stormwater Needs Analysis Mr. Messick indicated these items were covered previously and he did not have anything additional to add. Mr. Bhatla: We are still pumping at normal? How much is it? Mr. Messick: Yes. I believe that one pump is pumping full and the other pump they are looking at. Mr. Ward indicated he would provide an update about the pump during his report. III. District Manager—JPWard&Associates, LLC a. Manager's Report February 2022 b. Financial Statements for period ending February 28,2022(unaudited) 16I 1 Flow Way Community Development District March 17, 2022 Mr. Ward: There are two wells that supply irrigation water to the community along with a lake which is where the water is flowed into. Those two wells house two pumps. One of the wells and the pumps is working just fine. The second well and pump are flowing at very low volumes. The pump and the motor have been pulled. The well casing itself is going to have to be inspected. It looks like there could be some damage to the well casing itself and I have no clue what that's going to cost, but we will know that as soon as we get it done. The main issue, it looks like the pump is shot, but the motor is in good shape, so the pump will go back to the shop for either repair or replacement more than likely, and then the casing needs to be looked at before either of those go back in the system. That one will be offline. I don't have a time since this well and pump were just pulled while we were having this meeting. As soon as I have more information, I will advise you at your next meeting or sooner if it becomes egregious. Mr. 2:10:57: Do we have adequate water? Mr. Ward: For the moment I think (indecipherable). I think the lakes are low because we are not pumping as much as we really need to pump. The community is getting enough water, but it does need to be fixed soon. Mr. Keck: The discrepancy we are finding now, is that due to a lack of maintenance on Taylor Morrison's part? Mr. Ward: The pump and the motor are 30 feet down, so there is no maintenance to do on them unless they break. It broke. And it just broke two weeks ago. So, I can't say it's — this could happen to us 2 or 3 years from now. They should last a long time, but this one didn't. If it's been in the ground since 2013, it's 2022, so it's been the ground a while. Mr. Bhatla: I hope it's the pump only. Mr. Ward: Me too. I hope it's not the well casing. Chairperson Stamp: We also have the issue of is there a pump available, what with the supply chain. Mr. Ward: If a new one is not available, we will refurbish it for now and order a new one, but the well casing is the most important thing. Discussion ensued regarding the pump and well casing; and the importance of being able to pump sufficient water. EIGHTH ORDER OF BUSINESS Audience Comments Audience Comments: Public comment period is for items NOT listed on the Agenda, comments are limited to three (3) minutes per person, assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes Chairperson Stamp asked if there were any additional comments or questions from the Board Members or audience members. 18IPage 16I1 Flow Way Community Development District March 17, 2022 Mr. Boguslawski: A lot of good thinking going on in this meeting. I am very impressed with you guys and the work you did putting the budget together, putting the initial numbers together. If I were in your shoes thinking about a budget, I'd ask where the numbers could go down and where they could go up. You were sort of doing that. One of the big areas where you will see some shifting is from the HOA to the CDD and we've got to do that. It's a big unknown to me too, but obviously as we think about budgets, we are very interested in the irrigation system. We are very interested in that front bridge. So, some of your bigger costs, there are things that as we do the tear might come from you back to us. We have a different year than you do timing wise. Ron, I don't think you were here when Jim Hadder spoke. He covered the aqua range a little bit, but the near term thing, (indecipherable) keep the golf balls within the aqua range. I really think the aqua range stuff is an earlier thing, not a later thing. We are going to try and make it happen. I don't know if we will be successful. Jimmy, you said something about downspouts spilling on the ground and having to be fixed before erosion is addressed? Mr. Messick: Yes. Mr. Boguslawski: If there is a need for us to do something on the HOA side just get a hold of me and we will connect you with the right people. That sounded to me like something we've got to get a hold on. Mr. Messick: The downspouts from the house to the lake were not permitted and (indecipherable) recommend it get fixed or you are going to have the same problem again. Mr. Boguslawski: Part of your answer is a straight shift. Taylor Morrison was subsidizing the lots, every year the subsidies drop, but we are still finding things that they didn't do. Some of it was the removal of the Taylor Morrison subsidies. They used to put flowers all over the place to make it look nice coming in and they paid for that entirely so that they could sell houses. The last issue is, on the failed pumps, I think the situation is a little bit worse than Jim said. Neither pump is working. When the first one came out, they shook it and it apparently started working. The first pump was down for quite a while. The second pump did not appear to be working. It turns out that the simple test (indecipherable) pulled 30 gallons of water in a minute for a pump that was supposed to be pumping 3 to 5 gallons per minute, so that pump obviously had a problem. The field report that I got before I came in here is that pumps are available at$20,000 dollars per pump. I didn't hear about the pump versus—I didn't hear the split that you heard. I heard that the field guy thought that might have been (indecipherable). There are questions about how deep the well is. I clearly heard that the well may need to be not only inspected, but redrilled. So, there are going to be some costs there. That is, to me, a priority item. Then there are some downstream things about whether there was a defect in construction. There are some things associated with that, based on what the inspections find. We are finding lots of things that are failing at year (indecipherable). That tends to be due to the quality of materials or quality of assets that the developer did. Discussion ensued regarding whether the pump issues could be a result of a construction defect. Chairperson Stamp asked if there were any additional comments or questions;there were none. NINTH ORDER OF BUSINESS Announcement of Next Meeting Announcement of Next Meeting—April 21,2022 19IPage ie 1 Flow Way Community Development District March 17,2022 TENTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 3:30 p.m. On MOTION made by Mr. Tom Kleck, seconded by Mr. Martinn Winters,and with all in favor,the Meeting was adjourned. Flow Way Comm it elopment District ye/647/ James .Ward,Secretary Zack Stam.,' ha n 20JPage 16 it MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Monday, April 11, 2022, at 10:00 A.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Martinn Winters Assistant Secretary Bart Bhatla Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P. Ward District Manager James Messick District Engineer Greg Woods District Counsel Jessica Tolin District Counsel Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 10:00 a.m. Roll call was conducted, and all Members of the Board were present, constituting a quorum. SECOND ORDER OF BUSINESS Public Comments Public Comments for non-agenda items (Limited to three (3) minutes). Individuals are permitted to speak on items on the agenda during that item and will be announced by the Chairperson. Chairperson Stamp reviewed public comment protocols. THIRD ORDER OF BUSINESS Consideration of Service Agreement Consideration of approval of the Service Agreement, between HGS, LLC, d/b/a Angler Environmental, LLC and the District dated April 11, 2022, for consulting and expert testimony services related to litigation; HGS provides specialized litigation services 1IF . w. 16I 1 Flow Way Community Development District April 11, 2022 Mr. Greg Woods: We had a conference with the potential expert last week and we are going to use her as a consulting expert with her thoughts, but not as a testifying expert. She doesn't have a lot of testifying experience. She has generated some materials for us and has some very good ideas, but we don't think we want to move forward with her as a testifying witness. I guess we need approval to sign off on her agreement, but her services have mostly been performed already. There won't be a great deal of stuff in the future, maybe just periodic questions and issues. Mr. Bhatla: What kind of expertise is that? Ms. Jessica Tolin: She is an environmental engineer. She works with a big engineering company. She basically walks through the various permits, the South Florida Water Management District permits, the Army Corps of Engineers permits, and so we have been working with her on that to have a better understanding of the permit conditions, terms, the process with the District and the Corps. Chairperson Stamp: Do we have any kind of resume? Mr. Bhatla: Is this to deal with the water? Is it do deal with the preserves? It is going to be implied that the preserves are a benefit to the community, and I think we need also an expert to verify what is the benefit. We have an idea what the benefits are, but I think odds are only comments. We need expertise on that. I don't understand what kind of expertise we need on the water end. Ms. Tolin: She has expertise on both the South Florida Water Management District permit and the Corps permit, so we have been consulting with her as to both. Mr. Miller: So, the intention of this consultant is to help us with the preserve suit or is it with other things? Chairperson Stamp: It is with litigation we have filed. Mr. Miller: As we go down the path with the preserve suit we are seeking, it seems to me there were three things which are essential: one is what is the cost of maintaining these preserves, a second would be what would be the inflation factor in the future; and the third would be the preserves are to be maintained in perpetuity in the permits, so with the perpetuity factor you need a sum of money or principal amount that is in an escrow fund that does not deplete. The interest on that fund is intended to provide the maintenance in perpetuity. It's a pretty big number. (Indecipherable). I've been involved since the get go and I do have some background in finance. If it were to please the Board I would be happy to be a liaison with these people, so that the Board can stay involved. We know we can't have more than one involved because that would become a Board Meeting. Mr. Bhatla: I think we need that expertise for the Board. I don't think we need it for the legal because it's a cost issue and we have a historical need for it too because the preserve has been maintained for the past three years. Once a number is established it is strictly an economical analysis really. I understand that the consultant we are retaining is for environmental purposes,for the permit, not the preserve. The preserve is still under observation as far as the remediation is concerned, the success criteria. The other thing is, what is the cost involved for this consultant? Ms. Tolin: It has her rates in the agreement. Wage 16I1 ' • Flow Way Community Development District April 11, 2022 Mr. Bhatla: It is open ended? Mr. Ward: It is depending on what is authorized by Greg and Jessica to do the work, so I don't know what the total cost will be, but the rate schedule is in the agreement. It's like$175 to$280 a billing hour. Discussion ensued regarding the consulting rates. Mr. Miller offered to serve as a liaison between the Board and the finance consulting experts. Mr. Bhatla offered to serve as a liaison between the Board and the environmental consulting experts. Chairperson Stamp stated any Board Member could communicate with the lawyers at any point about anything they wished. He stated it certainly made sense for Mr. Bhatla to talk with the lawyers about the environmental issues and for Mr. Miller to talk about the financial issues. He noted Martinn Winters also had a financial background. He called for a motion. On MOTION made by Mr. Ron Miller, seconded by Mr. Bart Bhatla, and with all in favor,the Service Agreement, between HGS, LLC, d/b/a Angler Environmental, LLC and the District dated April 11, 2022, for consulting and expert testimony services related to litigation was approved. FOURTH ORDER OF BUSINESS Staff Items I. District Attorney—Woods,Weidenmiller, Michetti,&Rudnick a) Request to call Executive Attorney/client shade session. Discussion of lawsuit, File Number:20- CA-4147 Mr. Woods: Our mediation has been continued and will readjourn on Tuesday, April 26. That was the nonbinding arbitration date. The nonbinding arbitration date is going to be moved to May, probably in the May 20 to May 27 time period. The judge moved us back one trial period, so we are now in the July 11 to August 5 range trial docket. The defendants filed one motion for summary judgment as to the individual board members. The attorney has indicated that they will be filing another motion for summary judgment as to Taylor Morrison. The judges will work in some time to get those motions for summary judgment heard prior to trial, but that will probably occur in June. That's kind of an update of what has transpired in terms of scheduling and where we are at. Mr. Miller: We have had a mediation session and it has been continued to a later session? Mr. Woods: Correct. Mr. Miller: Based upon what has transpired in the first session do we have what need to have a shade session? Or do we have to wait until the next mediation? Wage 16ll Flow Way Community Development District April 11, 2022 Mr. Woods: I think we should go ahead and have the shade session to discuss the proposals that came out and to kind of talk to the board perhaps about a potential range of things that might be acceptable to the Board. 1 think for those purposes the shade session and settlement discussions would be worthwhile. Mr. Ward: What he is saying is, the mediation has happened. Apparently, there is some offer on the table. He would like to discuss that with you. That can be the subject of the shade session. It's recommended that that be Thursday,April 21, at the end of your meeting. We put in here who the attendees will be. It will be Zack Stamp, Ron Miller, Tom Kleck, Martinn Winters, Bart Bhatla, District Attorney Jessica Tolin and Greg Woods, and myself as your District Manager. We will be limited to that. There will be a court reporter that takes that session, and then we will go back in open session. If that is acceptable to you, then you will need a motion to set that as an executive session. On MOTION made by Mr. Ron Miller, seconded by Mr.Tom Kleck, and with all in favor, an Executive Attorney/client shade session was set for April 21,2022. II. District Engineer—Calvin,Giordano&Associates Mr. Bhatla: We are interested in the status of permitting. How is that going? Mr. James Messick: We submitted the permit transfer application and required documents at the beginning of the month. It is currently under process by the District. It will take over a month for them to address and give us approval for that. Mr. Bhatla: Approval to install another well? Mr. Messick: No, this is for permit transfer for us to be the applicant and permitee of the consumptive use permit. Mr. Bhatla: What about the well? Mr. Messick: I had the well as an action item I was to discuss next week with you, but the well— further investigation was done with a more detailed camera and the existing casing is actually in good condition, so we've ordered the new pump. It's going to take several weeks, maybe up until the end of the month before it can get installed. We are looking into whether or not we can drill a third well which would include permit modifications and we haven't heard back from the District on whether or not that would be acceptable or not. Mr. Bhatla: I think we should keep that in the back of our mind because we have only two wells and these are essentially mechanical devices which can easily fail. If we had a redundancy, it would be prudent because water is the lifeline of this community. Mr. Messick: We understand that. We definitely need some sort of redundancy. Based on our budget and what we can afford, we are looking to purchase a third well during this upcoming rainy 4IPage 16I1 ' Flow Way Community Development District April 11, 2022 season, so that we are ready for next dry season with a backup pump. I think that would be the redundancy that we would need right away. Mr. Bhatla: As you have some information from the groundwater experts as to the condition of the well, I would like to take a look at the information. Mr. Messick: I know they investigated the well casing further. I don't know if there is a copy of that video. Mr. Bhatla: Okay, we can talk about that afterwards. Mr. Kleck: A question on the related photos and videos I sent to Jim Ward. Have you had a chance to analyze what can be done with the lakes when the water is so low right now in regard to eliminating some of the growth and the weeds and the swamp grasses that are in there? Mr. Messick: We have a current aquatic vendor that's spraying the lakes. That's the tried and true method of containing and not letting these littorals get out of hand. I know our budget for that is somewhat limited right now and I think that's maybe why we see a little bit of the growth that you've documented in your emails. We are trying to address and pinpoint which of those littoral shelves we can address now. But certainly, as a whole, as of 2023, we have the budget to start being more aggressive and spraying those on a weekly basis. Mr. Kleck: Okay, because I know we did that with the golf course driving range pretty easily and efficiently and I thought now would be the time to do it before the waters come up, to do it to the rest of the lakes that need it. We don't have to do them all at once, but if we can effectively start an active program of doing that while the lakes are low. Mr. Messick: We do have an active program. I think we are going to look at seeing which lakes we can focus on, if there are some that are getting out of hand. Mr. Miller: The golf personnel, for spraying the aqua range, they have advised me that has been very helpful for them to accumulate golf balls and they wouldn't mind if we actually sprayed that a second time. Mr. Bhatla: Who is our contractor for spraying and other things? Mr. Ward: I don't know. I can get that for you. Mr. Messick: I think it's Ecologic Solutions. Mr. Ward: I think it's the same vendor the HOA has. III. District Manager—JPWard&Associates, LLC No report. FIFTH ORDER OF BUSINESS Audience Comments Wage j6 ! 1 Flow Way Community Development District April 11,2022 Audience Comments: Public comment period is for items NOT listed on the Agenda, comments are limited to three (3) minutes per person, assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes Chairperson Stamp asked if there were any additional comments or questions from the Board Members or audience members;there were none. He noted there were no audience members present. SIXTH ORDER OF BUSINESS Announcement of Next Meeting Announcement of Next Meeting—April 21, 2022 SEVENTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 10:25 a.m. On MOTION made by Mr.Tom Kleck,seconded by Mr. Ron Miller, and with all in favor,the Meeting was adjourned. Flow Way Comm .uni• Development District James .Ward,Secretary Zack Stamp,Ch.' pe son 6 ' Page 16I 1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, May 19, 2022, at 1:00 P.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Bart Bhatla Assistant Secretary Tom Kleck Assistant Secretary Martinn Winters Assistant Secretary Also present were: James P. Ward District Manager James Messick District Engineer Greg Woods District Counsel Audience: Joseph Stigliano All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted, and all Members of the Board were present, constituting a quorum. SECOND ORDER OF BUSINESS Public Comments Public Comments for non-agenda items (Limited to three (3) minutes). Individuals are permitted to speak on items on the agenda during that item and will be announced by the Chairperson. Chairperson Stamp reviewed public comment protocols. Mr. Joe Stigliano thanked the Board for the new asset map which was informative. He noted, however, the street names on the map on the website needed to be made larger so as to be legible. He indicated he wished to discuss the budget. Wage 16I1 Flow Way Community Development District May 19, 2022 Chairperson Stamp asked Mr. Stigliano to wait to discuss the budget until the budget Item on the Agenda. Mr. Ron Miller asked for speakers from the audience to approach the microphone as he was unable to hear Mr. Stigliano. THIRD ORDER OF BUSINESS Consideration of Minutes I. April 11,2022—Meeting II. April 21,2022—Meeting Chairperson Stamp asked if there were any corrections or deletions. Mr. Ron Miller made some comments regarding the Minutes and asked for a correction to be made. Chairperson Stamp indicated this would be done. On MOTION made by Mr.Tom Kleck, seconded by Mr. Ron Miller, and with all in favor, the Minutes for the April 11, 2022 Meeting Minutes and the April 21,2022 Meeting Minutes were approved as amended. FOURTH ORDER OF BUSINESS Continued Discussion Continued Discussion—Fiscal Year 2023 Budget and Five(5)Year Capital Plan I. Fiscal Year 2023 Budget and Five(5)Year Capital Plan II. Consideration of Amendments by Board of Supervisors to Proposed Budget III. Consideration of Resolution 2022-3, a resolution of the Board of Supervisors approving the Fiscal Year 2023 Proposed Budget and setting the Public Hearing on Thursday,July 21,2022,at 4:00 P.M. at the Esplanade Golf and Country Club,8910 Torre Vista Lane, Naples, FL 34119 IV. Required Mailed Notice Letter to Property Owners Mr. Ward: The public hearing is scheduled for July 21, 2022 at 4:00 p.m. at the Esplanade Golf and Country Club. The purpose today would be for you to finalize any changes to the budget prior to us going to the public hearing so that we can send out the mailed notice, a copy of which is also enclosed in your Agenda Package, in accordance with the statute. This would be the Board's last time to make changes to the budget before the public hearing. During the public hearing, you can make any changes to the budget you desire, as long as you do not go over whatever you approve today pursuant to the resolution that is in your Agenda. The Budget has not changed, other than the one change that I've included in your package today, and that includes the backup pump and motor for the irrigation system which includes an additional $20,000 dollars and changes the assessment rate to$1,495.24 per year. That is the only change I have to the budget. Other than that, there are no changes to what was originally presented to you. Chairperson Stamp: This is the meeting that we will accept any amendments any Board Member wanted to offer for the budget. Ron, you had one? Wage i6I 1 Flow Way Community Development District May 19, 2022 Mr. Miller: Let me go over it once again. There is approximately$210,000 dollars in the budget for the maintenance of the external preserves. For this fiscal year I think it would be best to rule that back to $10,000 dollars to be used as an "emergency budget" because Taylor Morrison really has that responsibility and that's what we are suing about. Supposedly, Taylor Morrison is addressing these issues as we speak. Then, we can come back with an addition to the budget of$100,000 dollars as a contingent to make sure we have enough money in the budget should something else arise. So, the budget would go down a net$100,000 dollars. Discussion ensued regarding the changes proposed by Mr. Miller; exactly how much the budget would be reduced,and exactly which line item Mr. Miller proposed to change (external preserves). Mr. Bart Bhatla asked about the external preserves versus the internal preserves. He stated he thought the preserves were the preserves, be it external or internal. He asked if there were additional funds assigned to the internal preserves which Mr. Miller was excluding from his proposed changes. Mr. Miller responded he was not trying to change the internal preserve budget, only the external preserve budget. He explained the internal preserves had never been an issue with Taylor Morrison. He stated the Board acknowledged the internal preserves were a part of CDD's responsibilities. Mr. Bhatla disagreed. He stated he believed the preserves were a package and the preserves were a compensatory easement to do the development. All these preserves, external or internal, it does not matter. At least as my understanding of the preserves as it is put forth. I want clarification. If there are internal preserve maintenance costs, I think they should— Mr. Miller: The difference is, if you go back to the documents, like the Corps, South Florida, US Fish and Wildlife, the documents make a distinction between the internal and external. Only the external preserves were to be eventually transitioned over to some kind of environmental agency along with the permanent funding of an escrow account. There is a second document which relates to the internal preserves and that document there was no language to transfer those to anybody, nor was there any language about any escrow fund. The actual permit documents that bind Taylor Morrison were different for the two different kinds of preserves, external versus internal. Mr. Bhatla: I missed that. I thought preserves as a definition was a preserve region compensatory for issuing the permit. I'll have to read that again. Chairperson Stamp: There has never been any doubt we are responsible for the internal preserves. Mr. Woods: The lawsuit involves the external preserves, not the internal preserves. Chairperson Stamp called for a motion. Mr. Ward: I suggest the motion reduce the line item we call the western preserve, northern preserve area 1, and northern preserve area 2, in the amount of$210,895 dollars in the budget, and we will include a contingency of$10,000 dollars in storm water services preserves and add a contingency as another line item for$100,000 dollars. I will probably put it in your main storm water program. 3 ! Page 16I 1 Flow Way Community Development District May 19, 2022 On MOTION made by Mr. Ron Miller, seconded by Mr. Bart Bhatla, and with all in favor, the western preserve, northern preserve area 1, and northern preserve area 2 line items were reduced in the amount of $210,895 dollars, a contingency of $10,000 dollars in stormwater services preserves were added and a contingency of $100,000 dollars was added as another line item. Mr. Joseph Stigliano asked if resident recommendations regarding the budget could be taken into consideration at the public hearing or was the budget finalized at that point. Chairperson Stamp explained the budget would not be finalized and resident recommendations could be considered; however, once the Resolution was adopted today, the cap rate would be set, and the Budget could not go higher than the cap rate. If you come in and want us to spend half a million dollars on something, we would have to take it out of somewhere else; we can't go up. The cap is the cap. Mr.Stigliano: At what point will we know how much the assessment will be increased. Chairperson Stamp: We can give you a close number today, but on July 21 you will have the exact number. Mr.Stigliano: Will you explain how it is derived? Whether it is a percentage of your tax assesses? Chairperson Stamp: It is not ad valorem. It is per unit. Mr. Ward: It was$1,495.24 before the change today, so it's going to go down slightly from that. It is going to go down approximately $80 dollars. In addition, you will get a mailed notice from the District, sometime in the latter part of May, before the public hearing, which will give you the cap rate number. Mr. Stigliano thanked the Board and Mr. Ward. Chairperson Stamp: Okay, consideration of Resolution 2022-3. Mr. Ward: The Resolution sets your public hearing date for July 21, 2022, Thursday, at 4:00 p.m. Keep that time in your heads. It will be at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. It approves your proposed budget as amended today. Mr. Miller: Jim, you've got an explanation letter going on this. Maybe you could put some additional language in the letter indicating this did not represent an increase in the overall operating expenses of Esplanade;it is simply the result of the transfer of responsibility from the HOA to the CDD because the HOA had been previously paying for this. Maybe smooth it down a little bit, because that's the reality of what's going on. Whether or not the HOA actually did that under Taylor Morrison is a different subject, but in concept it is moving it from one pocket to another. Mr. Ward: I tend to stay away from that type of language when we do these transfers because it does tend to imply that the HOA should do something, and whether they do or don't is not a District 4IPage 16I1 ' Flow Way Community Development District May 19, 2022 decision. I understand the concept, but I tend to stay away from those kinds of words in a governmental letter for this kind of a budget. Chairperson Stamp: Jim and I have talked about the letter several times and the reality is, a lot of this stuff wasn't done by the Taylor Morrison controlled HOA and probably should have been done by the Taylor Morrison HOA, and they didn't do it,so it's kind of misleading to the people to say this was an HOA expense as it was never funded. Mr. Bhatla agreed. Mr. Miller: Okay. On MOTION made by Mr. Bart Bhatla, seconded by Mr. Martinn Winters,and with all in favor, Resolution 2022-3 was adopted,and the Chair was authorized to sign. Mr. Ward: I will just tell you, your public hearing is July 21, so I am going to schedule this to be mailed roughly the end of the second week of June in order to meet the deadline. I want to point out, we use the County Property Appraisers Rolls for purposes of the mailing. That may or may not be perfect. People's addresses change, the don't change them with the County, property sells between the time I get a roll and the time the letter goes out. They may have the home in a trust. There are a lot of reasons why a person might not get it. But we are required to use the rolls from the County for purposes of the mailing. You will get people who will say they never got the letter, but those are the reasons why this happens. Mr. Bhatla: Is that address the same as the County tax rolls? Mr. Ward: Yes. Chairperson Stamp: We will post it on our website and give it to the HOA to post. FIFTH ORDER OF BUSINESS Staff Items I. District Attorney—Woods,Weidenmiller, Michetti, & Rudnick a) Status Report on Litigation i. Depositions of Current Director have been requested ii. Deposition of Former Engineer scheduled for May 27,2022 iii. Deposition of Former Attorney around the last week of May 2022 b) Update on mediation held on April 26, 2022 c) Non-Binding new Arbitration Hearing scheduled for May 31,2022 d) Former Directors' Motion for Summary Judgement scheduled for Hearing on June 21,2022 e) Anticipated trial period between July 11,2022,and August 5,2022 f) Update on discussions with HOA as to potential new litigation Mr. Woods: Mediation was held on April 26, 2022 with the HOA and Taylor Morrison. I will talk more about the mediation in our executive session. Subsequent to the mediation we have requests SIPage 16I1 ' ' Flow Way Community Development District May 19, 2022 for additional depositions. The Taylor Morrison list is to depose the currents directors. Mr. Bhatla was deposed yesterday. Mr. Miller has already been deposed and Mr. Martin Winters and Mr. Kleck is coming up. We will be deposing the former CDD Engineer on May 27, and the former CDD Attorney May 30 or so based on the Taylor Morrison former Board Members filing a motion saying they relied on the former engineer and former attorney for making their decisions. We are going to investigate. All that is upcoming. The new date for the nonbinding arbitration is May 31, 2022. Interestingly though, Taylor Morrison has recently filed a motion for leave to amend its defenses and counterclaims. Defenses are the estoppel and(Indecipherable). The counterclaim is basically against the Board for allegedly not complying with the prior agreements between the CDD and Taylor Morrison. They are trying to add that to the lawsuit. That motion for leave to amend will be heard next week. If the court grants it leniency (indecipherable). (Indecipherable) August or early September trial docket. Then, because of these new claims, I suspect Taylor Morrison will request to push back the arbitration a little bit to see if these claims are incorporated into the lawsuit, so we are arbitrating all of the additional claims to hear them all together. There is a chance that the May 31 nonbinding arbitration is pushed back as well. The former Directors have a motion (indecipherable) that's scheduled for June 15Y. Taylor Morrison has a motion for a summary judgment scheduled in July. Those will all be activities leading up to (indecipherable). We have a lot going on in the case, but we will discuss the mediation aspects of it in executive session. Mr. Bhatla asked about the mediation between Taylor Morrison and the HOA. Mr. Woods:(Indecipherable). Mr. Bhatla: Has the HOA filed their claim? Mr. Woods:(Indecipherable). A discussion was held regarding Taylor Morrison and the HOA claims; and Taylor Morrison being aware the HOA would be filing a claim. Mr. 32:52: (Indecipherable). Mr. Miller and Mr. Kleck discussed the technical difficulties being experienced. Mr. Woods summarized: Essentially, Taylor Morrison has asked for all of the Board Member depositions. We are lining all that up. There will be depositions of the former District Engineer and former District Attorney that we are taking based on Taylor Morrison former Board Members' claims that they relied on those gentleman's opinions to make their decisions. The mediation occurred on April 26. We will talk about that in executive session. Taylor Morrison filed a motion to have leave to amend their pleadings. They are adding a couple of permanent defenses based on having gotten off the permits, and a (indecipherable) based on some grievance between the CDD and Taylor Morrison dating back to 2013 and 2015. They have also filed a counterclaim against the CDD saying that the CDD has breached it's prior agreements by essentially not taking care of the preserves. They are trying to add that to the lawsuit. If the judge grants the motion for leave than the pleadings are open, and we will file our own defenses related to those claims and so it's pushing things back. The court has already moved the trial period from July/August to August/September. I anticipate with the May filing of the new pleadings that the nonbinding Wage 16 I 1 Flow Way Community Development District May 19, 2022 arbitration may be moved. There are a lot of moving parts at the moment, but this is normal as you get closer to trial. The other items and mediation should be addressed during the executive session. Mr. Miller: If the judge allows those changes by Taylor Morrison, could we then ask a second time to have them include our grievances from the second lawsuit into the first and then not have to file a second? Mr. Woods: We could try that, but the problem is that their amendments fairly relate to the existing claims in the case, whereas with the construction defect claims, Taylor Morrison would then be adding the subcontractors who did the work to the case, and by adding subcontractors, they are obviously entitled to do a lot of discovery which will take the case back another year or so. That's why the judge wouldn't allow us to bring in construction defect claims. Mr. Miller: I understand the difference. Chairperson Stamp: If they are saying it's moot because the HOA is now the permittee and they are no longer the permittee, how do they have standing to bring a suit for us for not doing the maintenance? Are they in or are they out? Mr. Woods: They are basing it on agreements between the former CDD and Taylor Morrison when they controlled it. Mr. Bhatla: Is legal action the only avenue available to use for construction defects? Is there a non-legal mediation in which we could put forth the construction defects and have them talk about it? Mr. Woods: You would be asking Taylor Morrison to cooperate and do a pre-suit mediation, which in theory they did with the HOA present. Mr. Bhatla: what was discussed? Mr. Woods: We can't talk about it. Mr. Bhatla: But that came under the umbrella of the legal action. They haven't started any legal action at this point. Mr. Woods: They have not, but in order for a pre-suit mediation to work, you have to have two parties that want to negotiate in good faith, and I'm not sure that you have that in this situation. Chairperson Stamp: Parties could always get together and agree, but they haven't shown any inclination to do that. Mr. Woods: So, the HOA has been having discussions with them, but it appears that the HOA will also be in litigation with Taylor Morrison, by all appearances. 7 ' Page 16I 1 Flow Way Community Development District May 19, 2022 Mr. Martinn Winters: Did/ understand correctly that Taylor Morrison's position now is that they are going to throw their counsel and engineer under the bus by saying they acted on bad advice gotten from their hired professionals? Mr. Woods: The former Board Members are going to say they relied on the professionals. That is a large part of the motion for summary judgment. Chairperson Stamp: They are not going to say it was bad judgment. They are going to say it was a reasonable judgment "because the engineer and attorney told us." I think that's what they are trying to slide it under. They are kind of throwing them under the bus, but not exactly throwing them under the bus. Mr. Stigliano: I understand what the mediation is doing. With the nonbinding arbitration can you make a motion to the arbitrator for discovery from the other party, which you wouldn't be able to do at mediation? Mr. Woods: No. Nonbinding, no. Basically, the court proceedings (indecipherable), so you get the discovery through the court process. Mr. Stigliano: Between mediation and nonbinding arbitration, arbitrators mediate, and mediators arbitrate. It's a very fine line, and that's why I was wondering. The definition is about the same for both, but if they would turn it over to a real arbitrator(indecipherable)so, you can't get discovery. Mr. Woods: Correct. II. District Engineer—Calvin,Giordano&Associates a) Engineer's Report 1. Strategic Operational Plan 2. SFWMD Water Use Permit& Pump Maintenance 3. Water Quality Report Mr. James Messick: There are three items to discuss. Maybe we can wait until the end for questions. The first thing is Strategic Operational Plan. Ultimately, there are no changes. Second item is the South Florida Water Management District Water Use Permit. I did make a submittal to the SFWMD for the Water Use Permit transfer application on March 31. The day after last month's board meeting, we received a request for additional information from SFWMD asking for evidence of applicant's legal control over the irrigation facilities. Because the parcels and tracts included in the irrigation easements are limited the HOA will need to be added as a joint permittee. I am currently awaiting a response from the HOA. I will follow up with them. The last item to discuss, water quality sampling, GHB Services provided water quality sampling services for the CDD in five locations. He discussed what was measured at each location, noting there were no water quality concerns at this time. He noted the next sampling event was planned for June. Chairperson Stamp: Bonita wants to put in temporary pumps, or permission to utilize— Will you explain it to us? Wage 1.6 1 , Flow Way Community Development District may 19, 2022 Mr. Messick: The County had a board meeting where those things were discussed. Bonita Springs applied for a temporary permit to pump from the Logan right-of-way south into Collier County which would be immediately discharged into our preserves. The proposed structure they don't have the details for in theory. The permit is an emergency permit. They would need to get approval after the (indecipherable) for Lee County. They will have a certain number of days wherein if they meet certain criteria for flood requirements, then they can get approval from the District to discharge to the south. It is a program that was prepared in joint between the District and Bonita Springs which is rare. (Indecipherable). They do have (Indecipherable) requirements downstream that show there is no flooding internally higher than pre-hurricane or pre- emergency situation. (Indecipherable). Mr. Kleck and Mr. Miller discussed the technical difficulties being experienced. Mr. Woods: I was contacted by Commissioner Andy Solis here at the County. Mr. Solis told me, essentially, this area of Bonita has always flooded, and despite that, the City of Bonita Springs issued permits for people to build in the flood area. Now, the City of Bonita Springs is seeking this emergency permit to pump out these flood areas and essentially, they will pump the excess water into our preserves and some of these houses are on septic, so you're going to get seepage and leakage, and that would be passed on down into Collier County. Additionally, when you get events like Hurricane Irma, you have problems with flooding down the canal, so these communities like Palm River and Collier Preserve have issues. But because of the type of water being pumped in the preserves, it should be of some interest to this community clearly, and so I think Mr. Solis talked about calling a Town Hall Meeting at some point. You guys might want to think about sending a representative to that and think about maybe being politically active on this issue. Mr. Bhatla: Should we request they provide us an engineer's assessment of the environmental impact on the preserve? Mr. Woods: You'll have to ask Jimmy, but I would assume that's part of the dealing with the South Florida Water Management District that they would have to do a lot of that. We may want to get the County to take a lead role in this. Mr. Bhatla: I believe we need to be visible because this is going to impact us. Chairperson Stamp: I suggest Jimmy and Greg work to get some more details and prepare jointly a resolution to bring back to the next Board meeting, if appropriate, that we tell Collier County we would like to join them but have a resolution to consider at the next meeting. It may be no more than tell them we are interested, but it will depend on where the data takes us. III. District Manager—JPWard&Associates, LLC a. Financial Statements for period ending April 30,2022 (unaudited) b. Update on Discussions with HOA regarding ultimate ownership/maintenance responsibilities Mr. Ward: The items on the Agenda are continuing on, otherwise, I have nothing for you today. SIXTH ORDER OF BUSINESS Audience Comments Wage 16I1 ' Flow Way Community Development District May 19, 2022 Audience Comments: Public comment period is for items NOT listed on the Agenda, comments are limited to three (3) minutes per person, assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes Chairperson Stamp asked if there were any additional comments or questions from audience members. Mr. Stigliano: You brought up a good point about the water which could be pumped into the preserves. There could be sewage in there, diesel oil, a lot of things. Maybe have real time sampling at the pump head of the quality of water coming through and then in some cases have a remediation program in place in case they have to add chlorine or add some sort of neutralizing agent, so at least we know what's coming. Once they pump it out, then you have to go back like this thing with Taylor Morrison and ask who did it, when did it happen, did it come from underground, etc. I would go for real time monitoring, and at least you'll know what we are getting and what problems you're going to face. Then if there's hazardous waste coming through there, chemicals, you can do some remediation. You can't stop it from coming, but we should know what we are getting. That information should be made somewhat publicly available, like with the blasting with the seismic readings. In Manhattan when we did blasting, we had to put seismic measuring all over the place, and that had to be real time access to people. Mr. Bhatla: You make an important point. We need to understand what all we are going to get. Chairperson Stamp: I think that will be a part of Jim and Greg to put together. I don't think this resolution will commit us to anything that we can't modify or change going forward as we learn more or things develop. Mr. Messick: I did reach to the District and talk to my contact and requested more information about it. I'm still waiting to hear back. Chairperson Stamp: This is all fairly new. Mr. Ward: What is the timing for all of this? Is there something out there that says the regulatory agency will grant whatever the parameters are to issue that permit in the event of--? Is that coming up in a month? Mr. Messick: They have prepared a program. The program is in place that matches the pumps they have at their site. The program would be used after emergency conditions, and therefore, they are accelerating the approval process to allow them to start pumping. Mr. Woods: The County Commissioner is calling a Town Hall Meeting to give information to give information. Mr. Ward: The County and us are basically in defensive positions that we have to act to stop it at this point because it's already done. Got it. Chairperson Stamp read: "The sole purpose of the executive attorney/client session is to discuss a settlement in the Flow Way Community Development District's lawsuit. The executive session is 10IPage b11 Flow Way Community Development District May 19,2022 expected to last approximately thirty minutes. At the conclusion of the executive session the Board of Supervisors will go back into Regular Session to conduct the balance of the regular agenda items. The attending parties shall be the following members of the Board of Supervisors: Zack Stamp, Martinn Winters, Bart Bhatla, District Attorney Greg Woods, and District Manager James Ward. At the close of the executive session the Board will reopen the meeting for any additional items to be considered by the Board of Supervisors." He noted a court reporter would be present recording the proceedings. He noted the records would become public following the lawsuit. He indicated the sole topic of the shade session would be settlement offers. He dismissed the public for purposes of entering a shade session. He noted the audience was welcome to wait outside until the shade session was complete. SEVENTH ORDER OF BUSINESS Executive Session Executive Session of the Board of Supervisors(Closed to Public) The sole purpose of the executive attorney/client session is to discuss a settlement in the Flow Way Community Development District's lawsuit,File Number:20-CA-4147. The executive session is expected to last approximately thirty (30) minutes. At the conclusion of the executive session the Board of Supervisors will go back into Regular Session to conduct the balance of the regular agenda items. The attending parties shall be the following members of the Board of Supervisors: Zack Stamp, Martinn Winters,Bart Bhatla, District Attorney Greg Woods,and District Manager James Ward. At the close of the executive session the Board will reopen the meeting for any additional items to be considered by the Board of Supervisors. Chairperson Stamp called the regular meeting back to order. EIGHTH ORDER OF BUSINESS Announcement of Next Meeting Announcement of Next Meeting—June 16,2022 Chairperson Stamp announced the next meeting would be held June 16, 2022. NINTH ORDER OF BUSINESS Adjournment The meeting was adjourned. On MOTION made by Mr.Tom Kleck, seconded by Mr. Ron Miller, and with all in favor,the Meeting was adjourned. Flow Way Community Development District James .Ward,Secretary Za Stam , . p rson 11IPage 4r " apIr Datil; 1' 6I1 �l��.t r 1 PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWA RD & ASSOC LLC 2301 NE 37TH ST NOTICE OF SPECIAL MEETING FT LAUDERDALE, FL 33308-6242 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of Affidavit of Publication the Flow Way Community De• STATE OF WISCONSIN velopment District will hold a Special Meeting on Monday, COUNTY OF BROWN April 11, 2022, at 10:00 A.M., at the Esplanade Golf and Country Club,8910 Torre Vista Before the undersigned they serve as the authority, Lane,Naples,Florida 34119. personally appeared said legal clerk who on oath says that The meeting is open to the he/she serves as Legal Clerk of the Naples Daily News, a public and will be conducted in accordance with the provi- daily newspaper published at Naples, in Collier County, sions of Florida Law for Corn- Florida; distributed in Collier and Lee counties of Florida; rnunity Development Districts. The District fully encourages that the attached copy of the advertising was published in public participation in a safe said newspaper on dates listed. Affiant further says that the and efficient mariner. toward that end, anyone wishing to said Naples Daily News is a newspaper published at listen and participate in the Naples, in said Collier County, Florida, and that the said meeting may do so remotely, via the WebEx.com weblink newspaper has heretofore been continuously published in posted to the District's said website www.flowwaycrld org .A copy of the agenda for the Collier County, Florida; distributed in Collier and Lee meeting may he obtained counties of Florida, each day and has been entered as from the office of the District Manager, JPWard & Associ- second class mail matter at the post office in Naples, in ates LLC, by calling 954 658 said Collier County, Florida,for a period of one year next 4900, email JimWardt JPWard Associates.com or on the Dis- preceding the first publication of the attached copy of trict's web site at www.floww advertisement; and affiant further says that he has neither ayrdd.org at least seven (7) days in advance of the meet- paid nor promised any person, or corporation any discount, ing. rebate, commission or refund for the purpose of securing The meeting may be cancelled this advertisement for publication in said newspaper or continued to a date, time issue(s)dated or by publication on the newspaper's and r co attionthe meeting.ed on the website, if authorized, on In accordance with the provi- sions of the Americans with Disabilities Act, any person re- Issue(s)dated: 04/03/2022 quiring special accommoda- tions or an interpreter to par- ticipate at these meetings should contact the District at (954) 658-4900, at least five (5) days prior to the date of Subscribed and sworn to before on April 3, 2022 the meetings. If you are hear• ing or speech impaired, please contact the Florida Relay Serv- ice at 1-800-955-8770, for as- sistance in contacting the District Office. otary, State Count o town If any person decides to ap- peal any decision made with respect to any matter consid- ered at these board meetings, 5 is ;a — such person will need a record ,,,J of the proceedings and such person may need to ensure My Commission expires that a verbatim record of the proceedings is made at their own expense and which re- cord includes the testimony Publication Cost: $276.50 and evidence on which the Ad No:0005186627 appeal is based. Customer No: 1305088 Flow Way Community Development District PO#: James P. Ward, District -- -- Manager [ NANCY H E Y R M A N #of Affidavits 1 April 3,2022 #5186627 This is not an invoice Notary Public State of Wisconsin 4 4r �1 plifi U u 'N 1 b I 1 PART Of THE USA TODAY NETWORK Published Daily Naples, FL 34110 WENTWORTH ESTATES CC D 2301 NE 37TH ST OF SPECIAL ETING FT LAUDERDALE, FL 33308-6242 FLOW WAY TICE COMMUNITY TY DE ELOPMENT DISTRICT The Board of Supervisors of the Flow Way Community Develop- ment District will hold a Special Meeting on Thursday, May 19, Affidavit of Publication 2022, at 1:00 P.M., at the Esplanade Golf and Country Club, STATE OF WISCONSIN 8910 Torre Vista Lane,Naples,Florida 34119. COUNTY OF BROWN The meeting is open to the public and will be conducted in ac- cordance with the provisions of Florida Law for Community De- velopment Districts. The District fully encourages public partici- pation in a safe and efficient manner. Toward that end, anyone Before the undersigned they serve as the authority, wishing to listen and participate in the meeting may do so re- personally appeared said legal clerk who on oath says that motely, via the WebEx.com weblink posted to the District's he/she serves as Legal Clerk of the Naples Daily News, a website www.flowwaycdd.org. A copy of the agenda for the newspaper p y meeting may be obtained from the office of the District Manag- dailypublished at Naples, in Collier County, er, JPWard &Associates LLC, by calling 954 658 4900, email Jim Ward@JPWardAssociates.com or on the District's web site at ww Florida, distributed in Collier and Lee counties of Florida; w flvy that the attached copy of the advertising was published in meet ng aycdd.org at least seven (7) days in advance of the said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper The meeting may be cancelled or continued to a date, time and published at location specified on the record at the meeting. Naples, in said Collier County, Florida, and that the said In accordance with the provisions of the Americans with Disabil- newspaper has heretofore been continuously published in ities Act,any person requiring special accommodations or an in- said terpreter to participate at these meetings should contact the District at(954) 658-4900, at least five (5) days prior to the date Collier County, Florida;distributed in Collier and Lee of the meetings. If you are hearing or speech impaired, please counties of Florida, each day and has been entered as contact the Florida Relay Service at 1-800-955-8770, for assis- second class mail matter at the post office in Naples, in tance in contacting the District Office. said Collier County, Florida,for a period of one year next If any person decides to appeal any decision made with respect of to any matter considered at these board meetings, such person preceding the first publication of the attached copy will need a record of the proceedings and such person may advertisement; and affiant further says that he has neither need to ensure that a verbatim record of the proceedings is made at their own expense and which record includes the testi- paid nor promised any person, or corporation any discount, mony and evidence on which the appeal is based. rebate,commission or refund for the purpose of securing this advertisement for publication in said newspaper Flow Way Community Development District James P.Ward,District Manager issue(s)dated or by publication on the newspaper's Publish Dated:05/9/2022 website, if authorized,on Issue(s)dated: 05/09/2022 Subscribed and sworn to before on May 9,2022: ( �N Notary, State of WI, County f Brown My commission expires VICKY FELTY Publication Cost. $294.00 Notary Public Ad No: 0005247971 State of Wisconsin Customer No: 1308466 PO#. Special Meeting notice #of Affidavits) This is not an invoice MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, April 21, 2022, at 1:00 P.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Bart Bhatla Assistant Secretary Tom Kleck Assistant Secretary Absent: Martinn Winters Assistant Secretary Also present were: James P. Ward District Manager James Messick District Engineer Jessica Tolin District Counsel Audience: Ms.Jackson (ph) Mr. Mike Tepero (ph) Mr. Dave Boguslawski All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted, and all Members of the Board were present, with the exception of Mr. Martinn Winters, constituting a quorum. SECOND ORDER OF BUSINESS Public Comments Public Comments for non-agenda items (Limited to three (3) minutes). Individuals are permitted to speak on items on the agenda during that item and will be announced by the Chairperson. Chairperson Stamp reviewed public comment protocols. Wage i6I1 Flow Way Community Development District April 21, 2022 THIRD ORDER OF BUSINESS Consideration of Minutes March 17,2022—Regular Meeting Chairperson Stamp asked if there were any corrections or deletions. Mr. Ron Miller made some comments regarding the Minutes, but made no corrections. On MOTION made by Mr. Ron Miller, seconded by Mr. Bart Bhatla, and with all in favor, the Minutes for the March 17, 2022 Regular Meeting were approved. FOURTH ORDER OF BUSINESS Continued Discussion Continued Discussion—Fiscal Year 2023 Budget and Five(5)Year Capital Plan I. Fiscal Year 2023 Budget and Five(5)Year Capital Plan II. Resolution 2022-3, approving the Proposed Budget and Setting the Public Hearing date, time and location for Fiscal Year 2023(this item will also be considered at the May 19,2022,meeting) Chairperson Stamp noted this item would continue to be on the Agenda for the next few months to give the public the opportunity to learn, understand, and comment on the upcoming Fiscal Year 2023 Budget and Five Year Capital Plan. He stated at the public hearing he would allow the Board Members to offer amendments to increase or decrease the budget; however, he asked the Board Members to inform Mr. Jim Ward of these amendments prior to the public hearing. He stated he would like to have the Budget as close to final form as possible before the public hearing. He asked if there were any comments about the Budget. Mr. Ron Miller asked that the board consider looking at the $211, 000 for the external persevere maintenance reflected in the proposed budget and reduce it down, much of this was (Indecipherable). Mr. Bart Bhatla: Are you referring to the preserve area? Mr. Ron Miller: Yes, the external preserves. Mr. Bhatla: We are presuming that it is our responsibility to do and to fund it. I'm just concerned if we keep maintaining it, maybe by precedent we have taken responsibility of doing it and funding it. Is there concern if we don't do it and do absolutely the emergency stuff only. At some point in time, we might want to inform the court that we don't have the budget. We have the property. It was an incomplete transfer, so we are at an impasse and allow the court to comment. What could be the downside? The downside could be the court cannot cancel the permit. It's not in our name, it's in the name of the builder. Let's see what happens. If we keep funding it, I think it will be very difficult to argue that we don't have the money. The basic element is, we do not have the permit. It's in the 2IPage 6I1 Flow Way Community Development District April 21, 2022 name of the builder and the Corps has not agreed to transfer it over to anyone else yet because the Corps was asked this question by the builder and they said no, there's no need to do it at this time. Chairperson Stamp: The Corps did transfer the permit to the HOA in the last couple of weeks before they turned over,so the HOA is technically now the permittee. Ms. Jessica Tolin: That is correct. Taylor Morrison transferred the Corps permit over to the HOA. Taylor Morrison is now off the Corps permit. To the extent that the Corps would take any action at this point it would likely be against the HOA. Mr. Bhatla: the Corp essentially signed off on the permit modification? Ms. Tolin: The HOA signed off on the modification to transfer the permit to the HOA. Chairperson Stamp: That was when it was still Taylor Morrison controlled HOA though just to be clear. It was not resident controlled. Mr. Bhatla: Both the Corps and the Fish and Wildlife organization have to approve it before they can transfer it. I don't know if they have gone through all the paperwork. Ms. Tolin: There is still a final signoff required by Fish and Wildlife, but that is after all success criteria has been met which we are not there yet. But in the meantime, they still transferred the permit over to the HOA. Mr. Kleck: By transfer of the property, did that mean the preserves and where the residents live, the whole property? Chairperson Stamp: They transferred the permit, not the property. Ms. Tolin: The permit status is, the CDD is the owner by way of deeds that they had executed and the HOA is the permittee. Mr. Bhatla: So, essentially the preserve property is a standalone property, and we own it, the CDD owns it. The property was transferred to us. So, to transfer the permit to the HOA doesn't make any sense. It should be to the CDD who is the owner of the property. How do we square that? Chairperson Stamp: I think you are absolutely right, and in the deposition, the Taylor Morrison representative made it clear that the owner ought to be the permittee, but then she went on to say that the CDD wouldn't take it, so they gave it to the HOA. It makes no sense at all. But that's the legal status if you look at the documents today. The turnover happened the 31st of May and the permit transfer happened the 21st of May, right before they went out the door, and that complicates things immensely. Ms. Jackson: I think last time you were talking about reducing the landscaping maintenance. It was $106,000 dollars. Is it$95,000 dollars moving forward? Is that your reduction? For the landscape maintenance of the community entrance? 3IPage 16 I 1 ` 4 Flow Way Community Development District April 21, 2022 Mr. Ward: If you are looking at the Fiscal Year 2022 budget that is only a partial year since we started operations in January. Ms.Jackson: I'm looking at the top. It's the year 2023 budget. It says$95,000 to that item. Mr. Ward: So, the level of service anticipated in 2023 is the same level of service that the HOA had prior to the District taking it over and what we are doing now. Ms. Jackson: So, not reducing it. What would you anticipate the increase would be to homeowners for the CDD assessment for the year? Mr. Ward: Based on the proposed budget, I'm going to recommend one change today, but the assessment goes to$1494.09 per unit per year beginning with the November tax bills that you get. It was$525 in your last year. Chairperson Stamp: So, roughly$900 dollars. Mr. Mike Tepero (ph): I don't understand the difference between the permit and the success factors. (Indecipherable). If not, wouldn't that then say we don't have to fund it because they haven't reached the success factors? Ms. Tolin: In terms of the status, I don't think we know specifically where Taylor Morrison is at, other than some of the smaller preserve areas have (indecipherable), the larger preserve areas have not yet through a deposition of(indecipherable). I'm not quite sure where they are at with that. The lawsuit that the CDD currently involved with against Taylor Morrison is challenging the ownership of the preserves and the permit obligation that we (indecipherable). Chairperson Stamp: I think we would probably agree with your assessment where we ought to be, but the developer controlled CDD was paying those. That's the question now. They, the developer, are also claiming that they are spending a lot of money unbeknownst to us, that they've been still doing stuff because of the goodness of their heart. They made it very clear they don't have an obligation to do it, but because they are good citizens, they are doing it. These are all issues that are going to play out in the lawsuit one way or another and we can't answer them it's because the documentation and the testimony is a little confusing at this point. But yes, it is certainly our position that they should not have turned them over to us and we should not be paying for them yet, but they have been. That goes to Bart's question too: are we setting a precedent. And just because we paid in 2019, 2020 and 2021, do we have to continue to pay going forward, and if we don't pay, what is the hammer fall? Mr. Bhatla: The transfer of the property happened but it is incomplete, because it was called for that it transfers along with a sustaining fund. It means that the transfer is defective and incomplete. I don't know if that's a case we can make. Chairperson Stamp: That's the basis of the lawsuit, but we clearly have the deeds. The deeds have been signed and recorded that we are the owner. It is a question of whether they should have been or were they properly transferred. That's the lawsuit. There were several conditions they had to meet, most of which they had not when they made the transfer. 41Rage 16I 1 . I Flow Way Community Development District April 21, 2022 Mr. Ron Miller:(Indecipherable)none of them had been met. Chairperson Stamp: At the time of the transfer none of them had been met. They may have ticked off a couple of boxes since then. Mr. Bhatla: 1 think if we don't maintain it and we object and, in this case, we don't even pull the permit, we inform the Corps, the Corps would have to have a ruling, and at that ruling, the people would comment, and I think that opens the can of worms we want to open. 1 think everybody involved they're accountability would be in question. I don't know if that is worth pursuing. At some point in time, we may consider a parallel action indicating to the court it is not our responsibility. Ms. Tolin: So, the Corps was provided a copy of our complaint. They have not responded. Mr. Bhatla: They haven't responded because we haven't forced them. We just asked them would you like to join, and I think they, being a governmental agency, If we say we are not going to maintain it, it was an incomplete transfer, we will maintain it if we have the funds, and we don't have the funds, we cannot maintain it. We are asking Corps, what are you going to do, and the Corps has to make a ruling as to the permit. They would have to call in the permit order, even that is HOA. Still, I think the same argument would carry through. I think we need to call them on this because only the lawsuit, I don't think it is enough. Chairperson Stamp: Frankly, they have threatened to go to the Corps and turn us in as being bad boys, but then I think they are going to say, hammer the HOA. We are not on the permit anymore. We are just out here. It's a little more complicated. It would have been nice if the Corps had come in and played and said, yes, this wasn't proper, but they chose not to. We will talk about that when we go into shade session. Mr. Boguslawski: So, when we talk about the numbers and the impact on a home here, are we talking the O&M piece or the all-including budget? Mr. Ward: It's the O&M piece only. Mr. Boguslawski: So, we are not talking the whole budget. If I recall the operations and maintenance expense portion of the budget is a fraction of the total for most homes. Mr. Ward: Yes, it's not anywhere near what the debt assessment is. Chairperson Stamp: For me, it's about a fifth, about 20% of it. Jim had one other thing, because of the pump situation, Jimmy can talk about that. Jim Ward will talk about making an addition to the budget for the pump situation, and then Jimmy(Messick)can talk about it a little bit later. Mr. Ward: One change to the budget we are going to make is that due to the well problem we had this year, we are going to include in the budget an additional backup pump and motor to have on standby in case one of the two pumps and motors goes down, so we are going to add $25,000 dollars to the budget that I will prepare for you in anticipation of your next board meeting. That will raise the assessment to the$1494.09 number that I referenced to you last month. The other change is, we put in one of the meters with the new pump and motor that went in the last couple of weeks, so I will be able to take out$3,000 from one of the meters that was anticipated to go in next year. Wage 1611 Flow Way Community Development District April 21, 2022 Mr. Bhatla: $25,000 dollars for a pump? Mr. Ward: Yes, $25,000 dollars for a pump and motor. Mr. Bhatla: We need to look into that. Mr. Ward: That's what we just paid for the one that's in there. It was pretty hard to find. Mr. Bhatla: Is that the installed price? Mr. Ward: Just the pump and motor. This is a reserve pump. We will put it in reserve and if it has to be installed, we will have to pay to get it installed. But we do have a new one in there now, so that's a good thing. Chairperson Stamp: The resolution is there for informational purposes. This concludes the budget portion. FIFTH ORDER OF BUSINESS Supervisor's Requests Mr. Ron Miller - Discussion of additional Taylor Morrison lawsuit for construction defects and deferred maintenance. Chairperson Stamp: Ron, I would ask to hold Supervisor's Requests, Item 5, until the shade session. I think we can have a better discussion of it next month. But if you want to address it you can. Mr. Ron Miller: I think want to address it. I think it is in the CDD's best interest to file the second lawsuit before going to court. I still think it would be a good idea to file a second lawsuit. The motion I would make a motion to authorize the law firm to file the second suit prior to us going to court but delaying it as long as possible in the hopes that the HOA lawsuit Is filed. The CDD should continue to work with the HOA but will file the second suit prior to the HOA's suit, if necessary. Mr. Bhatla: I thought we talked about this last meeting, and we resolved that we had authorized in the past our counsel to do that. It is only the advice of the counsel and our input as to when it should be done. Am 1 right? Chairperson Stamp: Correct. The discussion last month determined I had the discretion to do that, and it was my discretion not to do it at this point. But if you want to reaffirm that or revoke it that's certainly an option. If you remember, we tried to add the 558 claims to the existing lawsuit and the judge rejected that, and I authorized trying to include that in the original lawsuit, so I still think I have that authority, when the time comes, when the time is right, but on advice of counsel we are holding at this point. Mr. Miller: I agree that has been done and you have that discretion. My motion is move forward with the second lawsuit. Mr. Tom Kleck: What position does our attorney think we will have if there might be a second or third lawsuit coming after these guys? How will that effect the outcome do you think? Wage 161 Flow Way Community Development District April 21, 2022 Ms. Tolin: Our position has consistently been that we need to partner with the HOA in bringing a second suit. We have been meeting with the HOA on that. The need to wait extends a large part from, with 558 claims there is a specific statutory process that is in place, and there is that line that has to be followed as prerequisites before you can even bring a claim. Some of the HOAs claims are still coming through the 558 process,so the HOA's claims would not be ready to file. If we are going to combine forces, we would want to wait until that time period has lapsed, which we would probably need another 55 days or so on that. Chairperson Stamp: 558 is construction defects. Mr. 33:05: (Indecipherable). Chairperson Stamp: Sure. Mr. Ward: They are not on the website. I could put them on there. They are public information. If you give me three or four days, I will get them from Jessica and put them on the website for you. Mr. Miller: If all of that resolves itself the intention is(indecipherable). Chairperson Stamp: What's the urgency that it has to be done before the July docket? Mr. Miller: to get in on record, and to make people well aware that(Indecipherable). Chairperson Stamp: Certainly, Taylor Morrison is aware since they got our 558 letters. There's no surprise in that. And we can't combine them at trial so we can't even mention them, so it gives us nothing strategically or tactically other than filing the lawsuit, but if that's the wish of the Board we can do that. Mr. Dave Boguslawski: We on the HOA side,for the 558 letters, we have one that will be posted on our website in the next couple of days, if it's not there already. We have a second one that was filed yesterday or the day before. That one, I've asked to have posted on the website no later than Monday. That one covers lots of the building and grounds issues. It covers the golf course issues. It does not cover, because it's not an appropriate way to file it, it doesn't cover the financial audit claims that will be coming. That process is underway, and we have asked the firm who is doing it to fast track it, but that will be a trailing item coming in the next couple of weeks. Chairperson Stamp: Any more comments? Mr. Bhatla: Why is the HOA important to us? We are an independent governmental body. We have a beef with the builder, we proceed and then HOA comes in and they have a suit. Is there any specific advantage? I just want to make sure we don't have this impression that we are working for the HOA. Everything we do is for HOA, but we have an independent fiduciary responsibility to act. I think that part, as long as we don't compromise that, I'm okay. Chairperson Stamp: There are some overlaps, particularly on the lakes and lake maintenance that are claims for which our claims interrelate which is one of the reasons we are doing it. There are some where they clearly won't, like the golf course, but the thought was there will be some and there's no 7IPage 16I 1 ' I Flow Way Community Development District April 21, 2022 sense having dual tracks out there doing discovery, and having us depose witnesses, and them depose witnesses, etc. That's the reason. So, we've got a motion and a second. Roll call? On MOTION made by Mr. Ron Miller, seconded by Mr.Tom Kleck, and with all in favor, the law firm was authorized to file the second suit prior to the CDD's court date, but hold until the HOA files suit. SIXTH ORDER OF BUSINESS Staff Items I. District Attorney—Woods,Weidenmiller, Michetti, & Rudnick a) Status Report on Litigation b) Continued Mediation—April 26,2022 c) Non-Binding new Arbitration Hearing date — Rescheduled to May 2022. Final date to be determined d) Anticipated trial period between July 11,2022,and August 5,2022 e) Update on discussions with HOA as to potential new litigation Ms. Tolin: A couple things leading up to the trial itself. There was previously a mediation held with Taylor Morrison and the mediation was continued to April 26, so that will be ongoing. There is also a deposition set in the meantime for a former Board Member. Then Mr. Miller is being deposed on April 25, so on Monday, and we've already previously deposed Barbara Kininmonth for Taylor Morrison, as a representative. There is also a nonbinding arbitration that we have now set for May 31, that should be ongoing as well. In terms of what's been filed in the meantime by the defendants, there is, from the Taylor Morrison former Board Members of the CDD, who are individual defendants in the case, they have filed a motion for summary judgment on the two claims relative to them. They've also served (indecipherable), by motion, which we can discuss implications of in terms of settlement. The fist of what those types of motions are is that they could object to (indecipherable). We Individual board members also have a counter claim in the suit already. The motions for summary judgment likely will be heard(indecipherable). Chairperson Stamp: Did you want to request a shade session for the May meeting? Ms. Tolin: Yes. Because we have a mediation set on the 26th, we'd like to go ahead and set a shade session so we can discuss any offers that may arise during that mediation. Chairperson Stamp: That will be May 19`h. He noted the Board Members could not attend the shade session remotely; in-person attendance was required. II. District Engineer—Calvin,Giordano&Associates a) Engineer's Report 1. Strategic Operational Plan 2. SFWMD Water Use Permit&Pump Maintenance 3. Lake Drainage System Maintenance Wage 1 6 I 1. Flow Way Community Development District April 21, 2022 Mr. James Messick: For the Strategic Operational Plan, there are really no updates. The next couple of itmes in the reports I would like to go over; The South Florida Water Management District Water Use Permit, or consumptive use permit. I did submit the application for the permit transfer on March 31 and it's currently with the permit coordinator with SFWMD. I think we will get permit approval by May, maybe by the next Board Meeting. The other item for the water use permit is the recharge pump maintenance. Apparently, those two wells can draw water from the aquifer at a rate of 385 gallons per minute per well. It was noted that the replaced pump is keeping up with that which is good, and we are starting to catch back up to the lake levels. Initially, the casing was thought to be broken, but a second more intensive video investigation found the case was still intact and did not need to be replaced. The flow meters were both broken. One has since been replaced. The other will be included in the 2023 budget for replacement. We also looked into the significance of insuring backup and what the permits would require if we were to pump, drill another well in its entirety, as a redundant system. We recommend having a backup pump in place and then we will do further investigations in 2023 to see what the costs are for drilling a new well, and what the permit requirements are. Right now, the new pump, in 2023, is estimated at$25,000 dollars. That should carry until(indecipherable). Mr. Bhatla: Do we have an explanation of why(Indecipherable). In the past was it pumping 385 and now it's pumping (indecipherable)? Mr. Messick: It was pumping 30. It was designed to pump 385. We have since replaced that pump, so now both pumps should be pumping to capacity at 385. They pulled the pump and investigated what the reasons were, and it just wasn't pumping at the proper flow. Mr. Miller:How deep are these wells? Mr. Messick: They are 150 feet deep, anywhere between 65 and 75 feet of casing, so you can drop the pump 60 feet down in that casing to draw the water up. Mr. Miller:(Indecipherable). Mr. Bhatla: To get another pump in, another well installed, I think we can start an informal inquiry because usually that is a very(indecipherable). Mr. Messick: The inquiries are slated for 2023, but certainly we will look into it in the rainy season and try to have something prepared for a recommendation before the dry season. Mr. Bhatla: Because it is a terribly involved process. We need to get the information. Mr. Messick: I did speak with the reviewers at the SFWMD about whether or not modeling would be required. They basically did a grid based on the coordinates and a scaling factor. If you propose the third backup, not primary but backup well, within that same grid, they won't require you to remodel prior to a permit. So, we may be able to get away with a letter mod and we just have to find out the cost to drill the well. The next item is lake drainage system maintenance. At the last Board Meeting a request was made for me to reach out to the Audubon's Country Club to ask about their lake program to achieve high water quality levels. After speaking with their Course Manager and their aquatic vendor who maintains the 27 lakes, they feel their approach is typical industry standard, but are using weekly spray. He mentioned 9IPage 16 I 1 Flow Way Community Development District April 21, 2022 the occasional visitors may seem to think that their system is in great shape, but he did experience similar ups and downs as the other water systems in the area. The water levels are not necessarily superior in water quality. Their existing soil condition and drainage system both geographically layout and the aquatic wetland species included in initial planting play a big part in how a system may function and every system in South Florida is a little bit different in the layout and species initially planted. They have their own typical problems that they deal with in any given season, but they do recommend keeping that weekly spraying to address problems early on before they get out of hand. We had a follow up conversation on the different approaches to take during dry season versus the rainy season. The other item on the lake bank system maintenance is the littoral maintenance. Mr.Jim Harder(ph)had brought to the Board's attention several trees that were growing in the littoral shelves. At the request of the District arborist Michael Conner as well as the District Engineer reviewed this request and takes no exception to them removing the identified volunteer species as long as no damage is made to the adjacent permanent species. This determination is an exception and should not set ground for future maintenance for landscaping for littoral shelves by the golf and country club. The CDD still shall have the final and sole authority over these decisions. Additionally, overgrown littoral shelves have been brought up in Lake 23. The length and width exceed the minimum requirements. Coordination with our aquatic vendor in this area has been addressed and they have sprayed those areas. We do plan on increasing the level of service to weekly, in 2023. As mentioned before that's kind of the standard in South Florida. Right now, we are looking at two to three times per month but staying on top of it is important and our budget will allow us to in 2023. We are also forming a reporting function in fiscal year 2023 which includes water quality testing three times per year to ensure the system meets water quality standards prior to discharge to the Flow Way. Lastly, we are implementing a quarterly report for each lake that includes wetland plantings and littoral shelf conditions. These reports will highlight any conditions and concerns. Mr. Kleck: Question on Mr.Jim Hadder's request. Didn't we vote on giving approval for that? Chairperson Stamp: We gave him permission to meet with the engineers. An unidentified member of the audience: There is so much talk about littorals. I'm a little confused. Some of the lake beds have absolutely no littorals. Is there anything in the budget to address getting littorals into areas that have absolutely nothing? Mr. Messick: There are lakes that have minimal littoral plantings that were spreading to make sure it doesn't overcome the whole shelf and part of the lake bank restoration is to make sure the littorals are per permits. If it's not required, that would be in addition to the permit requirements, but that's something I'd have to look into after we get through the typical maintenance of the littorals. I think we are addressing the minimum permit requirements first and then as we go forward, we will be addressing some of the others. Chairperson Stamp: The minimum is 20%roughly? Mr. Messick: Typical minimum is 20%, but it varies by basin. Chairperson Stamp: 20%of the lake bank has to have littorals. That's what Taylor Morrison had to do. 10IPage 16 I 1 Flow Way Community Development District April 21, 2022 Mr. Messick: It's 20%per basin. Some basins have multiple lakes, so you'll see some littorals on some lakes and maybe not on others. It's based on their water quality calculations which is typically 20%per basin. III. District Manager—JPWard&Associates, LLC a) Financial Statements for period ending March 31, 2022 (unaudited) Mr. Ward: There is a requirement in the statute that you determine the number of registered voters within the District as of April15 of each year. The information comes from the Supervisor of Elections here in Collier County. As of April 15rh' of this year, you have 1,232 active registered voters. It doesn't require you to make an action today but the recording requirement and the obligation to make it of record doesn't go away pursuant to the statute. As you know, you do have elections coming up in November of this year. The qualifying periods will be June 13 through June 17 and early registration begins on May 25 this year. Seat 1 (Bart Bhatla), Seat 2 (Tom Kleck), and Seat 4 (Ron Miller) will be up this year. You will need to go down and qualify at the appropriate time this year for the November elections. SEVENTH ORDER OF BUSINESS Audience Comments Audience Comments: Public comment period is for items NOT listed on the Agenda, comments are limited to three (3) minutes per person, assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes Chairperson Stamp asked if there were any additional comments or questions from the Board Members or audience members; there were none. He dismissed the public for purposes of entering a shade session. He stated following the shade session the meeting would be reopened and adjourned. He noted the audience was welcome to wait outside until the shade session was complete. EIGHTH ORDER OF BUSINESS Executive Session Chairperson Stamp called for the executive session to begin at approximately 2:05 p.m. Mr. Ward ordered the video recording to cease so the executive session could be called to order. [The audio and video recording ceased at this point.] Executive Session of the Board of Supervisors(Closed to Public) The sole purpose of the executive attorney/client session is to discuss a settlement in the Flow Way Community Development District's lawsuit, File Number: 20-CA-4147. The executive session is expected to last approximately thirty (30) minutes. At the conclusion of the executive session the Board of Supervisors will go back into Regular Session to conduct the balance of the regular agenda items. 11IPage i 6 I 1 Flow Way Community Development District April 21,2022 The attending parties shall be the following members of the Board of Supervisors, Zack Stamp, Ron Miller, Tom Kleck, Martinn Winters, Bail Bhatla: District Attorney Greg Woods and Jessica Tolin, District Manager James Ward. At the close of the executive session the Board will reopen the meeting for any additional items to be considered by the Board of Supervisors. At approximately 2:38 p.m. Chairperson Stamp indicated the continued public meeting was back in session. He noted the attorney/client shade session (executive session) was closed. He called for a motion to adjourn. NINTH ORDER OF BUSINESS Announcement of Next Meeting Announcement of Next Meeting—May 19,2022 TENTH ORDER OF BUSINESS Adjournment The meeting was adjourned at 2:38. P.M. On MOTION made by Mr. Ron Miller, seconded by Mr.Tom Kleck, and with all in favor,the Meeting was adjourned. Flow Way Community Development District ddivi James A.Ward,Secretary Zack Stamp, Ch 'r rson 12IPage ....' . . 1b I 1 . . INT a r al H - env ...._. .. ... . . ._. PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWA RD&ASSOC LLC 2301 NE 37TH ST FT LAUDERDALE,FL 33308 6242 NOTICE OF QUALIFYING PERIOD FOR CANDIDATES FOR THE BOARD OF SUPERVISORS OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT Affidavit of Publication Notice is hereby given that the qualifyinggow period for candidates Dfer the vel- opment Dlstrlctfwill commer nce at he moon onyJune 3 Community STATE OF WISCONSIN close at noon on June 17,2022. COUNTY OF BROWN Candidates must qualify for the office of Supervisor with the Collier County Supervisor of Elections located at 3750 Enterprise Avenue, Naples, Florida 34104. Candidates may prequalify prior Before the undersigned they serve as the authority, to the official qualifying period subject to the rules and proce- of the Sr ofdivalt- personally appeared said legal clerk who on oath says that fyures for an individualevseat in accordanceEach wi Sectiondate Flori- da Statutes, and must also be a qualified elector of the District. he/she serves as Legal Clerk of the Naples Daily News, a A qualified elector is any person at least 18 years of age who is daily newspaper published at Naples, in Collier Count y, a citizen of the United States, a legal resident of the State of Florida, distributed in Collier and Lee counties of Florida; Florida and of the Distnct, and who is registered to vote with that the attached copy of the advertisingwas the Collier County Supervisor of Elections. Campaigns shall be published in conducted in accordance with Chapter 106,Florida Statutes. said newspaper on dates listed. Affiant further says that theseats up for The Flow Way Community Devyyelopmerrt District has three (3) said Naples Daily News is a newspaper published at seatsreceiving!the election, votes(shall carry a four---year term of Naples, in said Collier County, Florida, and that the said of- fice, the remaining seat shall carry a two year term. Elections newspaper has heretofore been continuous are nonpartisan and will be held at the same time as the gener- ly published in al election on November 8, 2022, in the manner prescribed by said law for general elections. For additional information, please contact the Collier County Collier County,Florida;distributed in Collier and Lee Supervisor of Elections at 3750 Enterprise Avenue, Naples, Flori- counties of Florida,each day and has been entered as da 34104 or www.colliervotes.com. second class mail matter at the post office in Naples,in Flow Way Community Development District James P.Ward,District Manager said Collier County,Florida,for a period of one year next Publish Dated: 0525/2022 preceding the first publication of the attached copy of advertisement;and affant further says that he has neither paid nor promised any person,or corporation any discount, rebate,commission or refund for the purpose of securing this advertisement for publication in said newspaper issue(s)dated or by publication on the newspapers website,if authorized,on Issue(s)dated:05/ MLkA& v � Subscribed and sworn to before on October 18,2022: 0 16141 Notary,Staten Br ty of own Mycommission 111, is expires Publication Cost:$231.00 Ad No:0005245343 ..� — Customer No: 1305088 V I C KY F E LTY PO It. Notary Public #of Affidavits: 1 State of Wisconsin This is not an invoice 16II MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, June 16, 2022, at 1:00 P.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Bart Bhatla Assistant Secretary Tom Kleck Assistant Secretary Absent: Martinn Winters Assistant Secretary Also present were: James P. Ward District Manager James Messick District Engineer Jessica Tolin District Counsel Audience: Dave Boguslawski All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted, and all Members of the Board were present, with the exception of Supervisor Winters, constituting a quorum. SECOND ORDER OF BUSINESS Public Comments Public Comments for non-agenda items (Limited to three (3) minutes). Individuals are permitted to speak on items on the agenda during that item and will be announced by the Chairperson. 1 I ,P zi lb l l Flow Way Community Development District June 16, 2022 Chairperson Stamp reviewed public comment protocols. THIRD ORDER OF BUSINESS Consideration of Minutes May 19,2022—Regular Meeting Chairperson Stamp asked if there were any corrections or deletions. Mr. Ron Miller: I have no corrections or deletions; however, I had difficulty understanding what Mr. Jimmy Messick was saying regarding Lee County's desire to pump storm water into our preserves and so when I read the Minutes in preparation for this Meeting, that was really the first awareness I had of that whole discussion. I'm just hoping somebody can help me understand what that meant. Chairperson Stamp: That's going to be on our Agenda. We are going to get a report from the lawyers and from Jimmy on what they know. At the last meeting we were just finding out about it too, so we will get to that. Mr. Miller: Okay. On MOTION made by Mr. Tom Kleck, seconded by Mr. Bart Bhatla, and with all in favor, the Minutes for the May 19, 2022 Regular Meeting were approved. FOURTH ORDER OF BUSINESS Staff Items I. District Attorney—Woods,Weidenmiller, Michetti,&Rudnick a) Status Report on City of Bonita Springs application to SFWMD to discharge floodwater into Collier County(including the Preserve) b) Status Report on Litigation c) Update on non-binding new Arbitration Hearing scheduled for May 31,2022 d) Former Directors' Motion for Summary Judgement scheduled for Hearing on June 21,2022 e) Defendants' Motion for Summary Judgment scheduled for Hearing on July 6,2022 f) Anticipated trial period between August 22, 2022,and September 16, 2022 g) Update on discussions with HOA as to potential new litigation h) Request to call Executive Attorney/client shade session; discussion of lawsuit, File Number: 20- CA-4147 Chairperson Stamp: Jessica, I think we can probably do B, C, D, E, and F and hold those for the shade session unless there is something you think we want to talk about particularly on those to give us a general update. The shade session isn't today obviously, but we will start with the first item which is the City of Bonita Springs application. Ms.Jessica Tolin: From what we've learned, and we've spoken with the County briefly on the issue, as well as we've been working with Jimmy, and it essentially right now is just a temporary or 2IPage 16 1 1 Flow Way Community Development District June 16, 2022 emergency permit, not what started as a (indecipherable). That application was (indecipherable). We are a little bit on a wait and watch kind of scenario to see what it is they are actually going to be looking to do. They, meaning the City of Bonita Springs. There is some language in the conservation easement that Jimmy and my office are looking at to see if that maybe gives us something to contest it if we need to, but we do plan to stay in contact with the County and try to get provided updates on any plan of action they may be taking and then seeing what transpires at future meetings and what the discussions are between the County and the City on this. Chairperson Stamp: What kind of actions—I mean the permit's been issued. The master permit, or whatever the plan— Ms. Tolin: I may be going a little out of order, but maybe Jimmy could touch on this. Mr. Bhatla: Who are you talking to? Engineering staff or somebody else? Ms. Tolin: We spoke to the County attorney. Jimmy talked to the engineers. Mr. Jimmy Messick: I included this as one of my items in my list. I'm going to jump to my Item number 3 which is the City of Bonita Springs Floodwater Diversion Plan. It didn't make it to today's Agenda. We printed out copies, so you have a copy of what I'm about to read, but I know you haven't had a chance to read it before the meeting. On May 26, the CDD was made aware of Bonita Springs Floodwater Diversion Plan that was previously discussed at the Collier County Board of County Commissioners meeting held on April 26, 2022. At this meeting District 2 Commissioner Andy Solis presented to the Board of Commissioners the City of Bonita Springs Plan to divert floodwater from Bonita Springs Blvd, and adjacent residential neighborhoods, through Logan Blvd canal system and into Collier County's Caloosahatchee Canal via our CDD's external preserves and canal. Upon further investigation and discussions with South Florida Water Management District's principal engineer of the Big Cypress Bradley Jackson, two plans have been prepared by the City of Bonita Springs. The first utilizes existing emergency pumps and the second plan is to construct permanent facilities that would pump floodwater and specific tailwaters at specific tailwater thresholds. Mr. Jackson has since confirmed the application for the permanent facilities project have been withdrawn and is thought to be no longer pursued by the City of Bonita Springs. However, the emergency pump option is still being considered by the City as an emergency floodwater operations plan which was prepared collaboratively between South Florida and the City of Bonita Springs and could be used for an emergency permit. That hasn't been submitted yet. It will be submitted if there is a state of emergency, and the plan is in place to submit for an emergency plan at that time. Actually, who I spoke with, Mr. Jackson, would be responsible for approving that plan. He has the ability to approve it and he would consider downstream tailwater conditions, maybe whether or not Collier County was in a state of emergency, or he would look at elevations in the Caloosahatchee before he would approve that emergency plan by the City of Bonita Springs. I've made a request to the City of Bonita Springs for the Bonita Springs Floodwater Operations Plan,for both improvements, a list of questions for them, and I'm waiting to hear back from Mr. Jackson. He was busy last week with preparations for the tropical storm that was approaching. This week I reached out to him again and I found out he's on vacation for a week. Next week I will followup with him again, and hopefully get my hands on the operation plan for the City of Bonita Springs. Wage 1611 Flow Way Community Development District June 16, 2022 Mr. Bhatla: Is this a one time emergency or is this an emergency plan for every time an event occurs? Mr. Messick: They can use the operation plan they collaboratively came up with together every time there is a state of emergency. They would have to place the emergency pumps every time; the pumps are not installed. Chairperson Stamp: What kind of notice would we get, the County get, or— Mr. Messick: I don't know. I don't think it being an emergency permit there isn't a whole lot of approval process there. Ms. Tolin: Right, the specific criteria that has to be checked in order for it to be issued, being an emergency permit, there have been some organizations that have sent in planners already to the South Florida Water Management District, specifically the Conservancy and the Audubon Society has. We've sent in a public records request also to South Florida Water Management District and the City of Bonita Springs with respect to their documents, so we are still waiting on these documents. With that we should at least see one of the interested parties that sent in a request, but to the extent that there is notice, I'm not sure there is going to be some formal heads up whenever they do that. Chairperson Stamp: What's the gist of the letters from the Audubon and Conservancy? We want to be kept informed or we don't like it? Ms. Tolin: I have not gone through those letters yet. I just know that they sent them in. Chairperson Stamp: Get us copies and give them to Jim— Mr. Bhatla:I'd be interested to know if an impact analysis has been done. Ms. Tolin: Again, we are waiting to see what transpires with this and we need to get the documents initially on what the emergency permit and temporary plan is in the meantime. Mr. Bhatla: I guess we need to see the plan and then(indecipherable). Ms. Tolin:(indecipherable). Mr. Miller: From a layman's perspective the only time it would seem Bonita Springs would want to exercise their emergency pumping privilege would be when there was a true emergency which would apply to everybody. Maybe you get a hurricane with two feet of rain where Esplanade may already be in jeopardy of flooding and then Bonita Springs would cinch that and flood us out. So, why would we agree to allow Bonita Springs to pump their floodwaters into our floodwaters. Mr. Messick: I can speak to that. And I appreciate your point of view. When I spoke to the District, I had the same question, and he was specific to the point that the tailwater conditions in the Caloosahatchee Canal would have to recede before he would approve their permit for emergency pumping. The point of the emergency pumping is that our basin drains well through the canal. Their basin just north of the county line doesn't drain as fast and they have standing 4IPage 16t1 Flow Way Community Development District June 16, 2022 water for longer amounts of time. This emergency permit will pump the flooding waters after the floods have receded in Collier County, but who keeps track of that and who is really operating the pumps. We're not sure yet. Chairperson Stamp: I don't think anyone is disagreeing with you about what the problems and concerns are, Ron. The question is how do we block it, monitor it, modify it, etc.? Mr. Bhatla: We can't comment on anything if we don't have a plan in front of us. Right now, it's a concept. Mr. Ward: In layman's terms the City of Bonita Springs has not sufficiently provided drainage in the area that floods, so they do that by draining the emergency condition into Collier County, and potentially Esplanade. Mr. Miller: Why doesn't Bonita Springs fix their own problem? Mr. Ward: Exactly. This is a money thing. Chairperson Stamp: This is going to be on the Agenda for the foreseeable future as we wade through this. Hopefully, no storms come to trigger. Okay, back to the legal. Ms. Tolin: On the litigation, to address a couple items, I do want to talk about the summary judgment hearings because there has been a quick change on that as of this morning. Because there has been an arbitration award issued, we get 20 days from issue of the award to determine whether to accept or to file for motion for trial de novo. We can discuss that in a shade session which we will get to, but to allow for that time period we are going to move that summary judgment hearing next week. What we are trying to do, if the Court will allow it, is have both motions heard on July 6 if necessary. Once we have that confirmed you will be provided the new date. Then the trial period currently is still anticipated to be between August 22 and September 16. We won't know specifically where we are set on that until it gets closer to the timeframe. In terms of a shade session, you are 20 days from the date of issuance which we need to have a decision on what the Board would like to do, so that's going to put the deadline to do that June 30. We will need to get a shade session scheduled prior to that. Mr. Bhatla: So, the clock has already started. Ms. Tolin: Correct. The issuance date was June 10. Chairperson Stamp: The 30th is when we have to notify the court of our intentions. We can have the shade session and you can put something in the mail? Ms. Tolin: That's the last day by which we could do something. There are options we can discuss in the shade session. Mr. Miller: I have read the outcome of that. Are we compelled to take any action in this 20 day period? What happens if we fail to take any action? 51Page 16I1 Flow Way Community Development District June 16, 2022 Ms. Tolin: Well, you have 20 days, if you didn't want to accept what the decision was then you have 20 days by which you can file a motion for trial de novo with the court. If you don't file a motion and the other side doesn't file a motion, everyone is deemed to have accepted the decision. It is a strict deadline. It is not one that gets extended. Either party can file what's called a motion for trial de novo; if one party files it, then depending on what's filed, how it's filed, the case would still proceed. There are, again, options we can discuss as to what that may look like, but it would proceed onward from there. If both parties take no action and file no motions, then the decision is accepted by both parties, and it becomes the decision. Chairperson Stamp: You can't participate in a shade session unless you are physically present. We would like to try to have all five Board Members present. It's not open to the public and does not have to be at 1:00 p.m. like these and on any day. What works for people? Discussion ensued regarding what would be a good date and time for a shade session. No decision was made. Chairperson Stamp: While we are waiting do you want to talk about the 558 claims or anything else? Ms. Tolin: We really don't have any new updates on the 558 claims. We still want to work with the HOA on it. Chairperson Stamp: Do you know how close they are to doing anything? Ms. Tolin: I do not. Discussion continued regarding what would be a good date and time for a shade session. Internet connection was lost, and the meeting audio was lost for approximately 3 minutes at this point. Audio returned and it was decided to hold the shade session June 22, 2022 at 10:00 a.m. Mr. Ward: When we close today, we are just going to continue the meeting, recess. II. District Engineer—Calvin,Giordano&Associates a) Engineer's Report 1. SFWMD Water Use Permit(Consumptive Use Permit) 2. City of Bonita Springs application to SFWMD to discharge floodwater into Collier County (including the Preserve) Chairperson Stamp: Jimmy, you are done? Mr. Messick: Yes. Ill. District Manager—JPWard&Associates, LLC a. Fiscal Year 2023 Budget Public Hearing—July 21,2022 (4:00 P.M.) b. Financial Statements for period ending May 31, 2022(unaudited) c. Update on Discussions with HOA regarding ultimate ownership/maintenance responsibilities Wage 16I1 Flow Way Community Development District June 16, 2022 Mr. Ward: A reminder, your public hearing is scheduled for July 21, the time is 4:00 p.m. We are going to be in the larger dining room area. Try to get there around 3:30 p.m. the latest to be available for the meeting. Chairperson Stamp: We are working on a slide show presentation which will be part of the budget public hearing. It will in effect be three meetings that will all run consecutively/concurrently. The one will be the budget, then after we pass the budget we will set the rate, and then we will do our regular agenda. We are working on a slide show. Jimmy is going to have a presentation inside of that talking about the Capital Program. It will be a fairly big production. Jim, I want to ask about what we are doing with the HOA regarding ownership maintenance responsibilities. Mr. Ward: Sure. Let me go back and add I sent you all an email yesterday. The mailed notice to all property owners went out yesterday afternoon so they will start to get them in the mail tomorrow. You will see that happening. A copy of the mailed notice is on the District's website, along with the budget, along with all of the capital programs associated with the budget. With respect to the HOA, Jimmy is working on an analysis of all of the assets that are being maintained by the District right now. Where all the permits are located, who has the permits, making sure we have all of the easements, etc. Jessica's firm and Jimmy are trying to get us all the easement information. Hopefully, that will be ready for us to take a look at just after your public hearing and we will be able to meet with the HOA at that point. Mr. Bhatla: I think an important item is that in the budget we mention that we have taken responsibility for several items previously being handled by HOA. I think people will be interested in whether there would be a reduction in the HOA. At least we need to address that somehow or the other. Mr. Ward: I think the problem is that the change in the budget was from the developer controlled budget to a resident controlled HOA Board. That budget obviously changed substantially at the same time ours is changing. I don't want to say that the HOA should go down or go up. They are different animals. They are just two different beasts. We took over from the HOA, but the HOA also changed at the same time to a resident controlled board and what they are maintaining and how they are doing is substantively different than when it was done by the developer controlled board. You can just see that in what we both need to maintain on a going forward basis. I think that's the fair way to say that. It's not reflective of whether the HOA increases, decreases, or keeps at the same. It's just a different beast at this point. Chairperson Stamp: I think we can say Taylor Morrison just didn't do some of the things they were supposed to do or didn't do them very well, and they probably did subsidize to a certain extent some of the things that we have taken over and may or may not continue to do in the same manner they did. It would probably be a fair statement that had we not taken them over the HOA assessment might be higher than it is because somebody has to do these functions, but I don't think we can say we'd lower the HOA assessment by doing it. Once we have a plan worked out with the HOA where we can sit down and trade stuff or assign some of these things —like we are responsible for the Christmas decorations, but maybe that should be an HOA function. But because of the way Taylor Morrison set it up and did, it is a CDD function. There are a lot of things like that. 7IPage 16l 1 Flow Way Community Development District June 16, 2022 Mr. Bhatla: We can explain that we have a change as opposed to it's a give and take. Mr. Ward: I think our letter did a good job at doing that. The power point I am working on with everybody basically says exactly the same thing. FIFTH ORDER OF BUSINESS Audience Comments Audience Comments: Public comment period is for items NOT listed on the Agenda, comments are limited to three (3) minutes per person, assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes Chairperson Stamp: Dave did you have anything you wanted to add? Mr. Dave Boguslawski: One of the things we've both learned, the CDD and HOA, is Taylor Morrison really didn't do any preventative maintenance, and so anything we are taking over needs to have some assessment of preventative maintenance, not just fixing things when they break. We are at the stage where we are doing catchup in that regard. I like where you are going though and any help you would like or need in any communications around that,just let us know. Chairperson Stamp: Dave, if you want to address the 558, the floor is yours. Mr. Boguslawski: So, we filed the 558s prior to the last mediation session. Taylor Morrison, after that session, asked for a 14 day extension to respond. I think they have 60 days to respond to the letters. Peter granted the extension and they immediately followed with they wanted another 60 days beyond that. So, the extension to our 558 claims letters are now out maybe three more months from now. Peter had granted that extension too. Their request on need for extension dealt more with the golf course more than anything else. They want to come onsite and perform more of their own inspections. That's the reason he felt it was necessary to grant that. That's what's going on with our 558s. Chairperson Stamp: Martinn and I and Jim have received preservation letters to preserve any correspondence, emails, materials we have from our involvement with the Esplanade transition fund. We will be talking to counsel for both the HOA and the CDD about how to proceed with that. That was nothing more than a letter saying don't destroy anything and preserve any documents you've got. Mr. Bhatla: I was interested about the July Board Meeting. Is that going to be on the 21'after or prior to the presentation? Mr. Ward: The presentation is within the context of the whole budget. It is basically three meetings in one. Chairperson Stamp: It is essentially going to be one meeting divided into three parts. SIXTH ORDER OF BUSINESS Announcement of Next Meeting Announcement of Next Meeting—Public Hearing on July 21,2022 BIPage 16I 1 Flow Way Community Development District June 16,2022 SEVENTH ORDER OF BUSINESS Adjournment/Recess The meeting was recessed until June 22, 2022 at 10:00 a.m.at 8910 Torre Vista Lane, Naples, FL 34119. Flow Way Communi y Development District // // James P.Ward,Secretary Zac Stamp,Chairper n 9 ' Page j61 1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday,June 22, 2022, at 10:00 A.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Bart Bhatla Assistant Secretary Tom Kleck Assistant Secretary Martinn Winters Assistant Secretary Also present were: James P. Ward District Manager Greg Woods District Counsel Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 10:00 a.m. Roll call was conducted, and all Members of the Board were present, constituting a quorum. SECOND ORDER OF BUSINESS Public Comments Public Comments for non-agenda items (Limited to three (3) minutes). Individuals are permitted to speak on items on the agenda during that item and will be announced by the Chairperson. Chairperson Stamp reviewed public comment protocols. THIRD ORDER OF BUSINESS Executive Session Executive Session of the Board of Supervisors (Closed to Public) 1 ' Page 1611 Flow Way Community Development District June 22,2022 Chairperson Stamp indicated the Board was about to enter into the Executive Session. He read for the record: "The sole purpose of the executive attorney/client session is to discuss a settlement in the Flow Way Community Development District's lawsuit, File Number: 20-CA-4147. The executive session is expected to last approximately thirty(30) minutes. At the conclusion of the executive session the Board of Supervisors will go back into Regular Session to conduct the balance of the regular agenda items. The attending parties shall be the following members of the Board of Supervisors, Zack Stamp, Ron Miller, Tom Kleck, Martinn Winters, Bart Bhatla: District Attorney Greg Woods, District Manager James Ward. At the close of the executive session the Board will reopen the meeting for any additional items to be considered by the Board of Supervisors." The Board went off the record and entered the Executive Session. Mr. Ward: We will go ahead and continue the Meeting of the Flow Way Community Development District. It is 11:13 in the morning and all of the Board Members are still here. FOURTH ORDER OF BUSINESS Announcement of Next Meeting Announcement of Next Meeting—Public Hearing on July 21,2022 FIFTH ORDER OF BUSINESS Adjournment/Recess Chairperson Stamp recessed the meeting until June 30, 2022 at 10:00 a.m. at 8910 Torre Vista Lane, Naples, FL 34119. On MOTION made by Mr. Bart Bhatla, seconded by Mr. Tom Kleck, and with all in favor,the Meeting was recessed. Flow Way Comnw ' . ,elopment District James P.Ward,Secretary Zack Stamp,Chairper n 2 ( Page j6I1 MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Thursday, July 21, 2022, at 4:00 P.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Bart Bhatla Assistant Secretary Tom Kleck Assistant Secretary Martinn Winters Assistant Secretary Also present were: James P. Ward District Manager Greg Woods District Counsel Jimmy Messick District Engineer Andrew Gill JP Ward &Associates Audience: Dave Boguslawski Homeowners Association Martin Teperow Joseph Stigliano AL Ferranti Frits Riep Charles Weller Howard Greenfield Phyllis Stellatos James A. Storer Patricia Marlines Doc Durinzi Dee Durinzi Mary Ann Buil Diane Ford Janice Maline Brent Lilliston All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. THIS MEETING WAS TRANSCRIBED VERBATIM BY A COURT REPORTER PRESENT DURING THE MEETING, AND WHOSE TRANSCRIPT IS ATTACHED AS EXHIBIT A TO THESE MINUTES. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 4:00 P.M. Roll call was conducted, and all Members of the Board were present, three members in person and the remaining two via zoom, constituting a quorum. We welcome you all here, I'm going to make a few comments before we get to the agenda, which I hope you all picked up over there. If you haven't, it's all over there. The question a lot of you have asked is 1 I P t g 16I 1 Flow Way Community Development District July 21, 2022 why a 520-page agenda? Why don't you just give us a number? The number is$875 per year increase in the CDD assessment. Taking another$875 from you or from us is not something we took lightly --take lightly. We pay it,too. You're entitled to know more than just what we're asking for. You're entitled to know several things. You're entitled to know what the CDD really does, where your money's going. You're entitled to know how we see our obligations to the residents. You're entitled to understand,or at least hear from us,what the challenges are going from a developer controlled CDD when Taylor Morrison controlled the board, to a board controlled by residents, which has happened less than two years ago; and, indeed,you're entitled to know how we intend to spend that money. The Board's goals, and I hope your goals are these: One, protect the residents; two, protect the residents' property, preserve the district assets, which you're going to hear a lot about today; deliver the desired services and prepare adequately for future events. None of these appeared to be Taylor Morrison priorities, which is part of our problem. The process to get to this budget is this:Jim Ward,who you'll meet in a minute,and I began working on this back in January,after we were able to have an engineering study completed. We exposed the budget to the other board members in March, in April and in May when we finally amended it and prepared it to present to the residents. This process gave the board members, the residents, and other vendors,time to examine the proposal, make comments, ask questions, and propose amendments. Hopefully, it demonstrates that we looked at a lot of different options, allowed us to formulate a long- term plan, which you're going to hear more about, and show you in detail where that money would be spent. Jim Ward, the District Administrator, and Jimmy Messick, the District Engineer, who are on the panel up here today, are going to walk you through a PowerPoint presentation on the slides. At the conclusion of their presentation, the board will take comments and questions from the residents. We'll do the residents that are here first,and if there's any residents on Zoom that want to answer(sic) I would ask them to -- or ask or comment -- I would ask them, I guess the parlance is raise your hand, somehow make it known that you want to participate, and I'll call on you. I'm going to take the people who are here first before we move on. I would ask whatever the comments are, the questions are, if you think the assessment is too high, please, also tell us what programs you would cut, what services you would cut, what expenses would you delay, how would you get to a lower number, because certainly any budget out there can always be cut. It's just the question of what the consequences of the cut in the budget are. As a side note, I can tell you we cannot raise the$875, because that's what we sent out in the mailing. So, if anybody came here today to advocate for a higher rate, we can't do it by law. I don't think there probably are any, but if there are,we can't do that. Following the questions and comments the board will have a discussion. SECOND ORDER OF BUSINESS PUBLIC HEARING Public Comments for non-agenda items (Limited to three (3) minutes). Individuals are permitted to speak on items on the agenda during that item and will be announced by the Chairperson. Chairperson Stamp reviewed public comment protocols. a. PUBLIC HEARING—FISCAL YEAR 2023 BUDGET I. Public Comment and Testimony Mr. Ward called for a motion to open the Public Hearing. 2 ' Page 1 6 I 1 Flow Way Community Development District July 21, 2022 On MOTION made by Mr.Zack Stamp,seconded by Mr.Tom Kleck,and with all in favor,the Public Hearing was opened. Chairman Stamp:The board members can ask questions of whoever they want and of each other and make comments, then we will have a vote on three different resolutions on your agenda. It may look a little convoluted and confusing, that's because it is, but that's the way the Florida law requires that we do it, and we will follow the law. At the conclusion of our budget part of our hearing,we'll probably take a short break, and move on to what they normally call the regular agenda, which is the other items that we deal with on a routine basis every week. During that portion of the meeting, if anybody wants to comment or ask questions on something on that part of the agenda,or anything,we always allow people time to do that,so we will do that. I would ask the first part we address ourselves,concern ourselves with the budget. The second part can be the other items on the agenda, or any item you choose to raise. With all that, I'll ask Jim to walk us through the presentation. Mr. Ward: Sure. Thank you, Mr. Chairman. I'm going to walk you through a couple of slides to begin with to set the stage. From here, Jimmy will take over, and as the Chair indicated, we'll go through the detailed reports that we prepared for the hearing today for the board and for the past few months with respect to this budget, and then I'll summarize towards the end with the financial impacts. Usually the first question I get asked when I get a phone call is, "Why are we having a public hearing in July? Why isn't this in January or March or some other date?" So, our budget year runs from October 1 through September 30th. It is set by state law. We cannot change that, and as a result of that our hearings are required to be held usually between the months of June and July through August of this year. Those are statutorily set,and that's why our hearing is in the summer months of each year because all governments, most all governments, I should say, in Florida have an October 1st fiscal year start date; that's when we put the assessment on tax bills. You get them in November of each year. As Zack had mentioned to you, we began this process in January of this year. I think we submitted the budget to the board in March,and they began their deliberations from March, April, May and the June time schedule, reviewing at great length and in great detail all the asset reports that our engineer, Jimmy Messick, and his firm, Calvin, Giordano & Associates, prepared. It was approved by the board in May for the purpose of setting the public hearing today at today's date. The approval basically set the upper limits of what we can do, as Zack had mentioned before. So, whatever we change today,we can only come down from that number. We can't go up from that number. All of you were sent,as required by law,a mailed notice to all of your homes. Many have said, some has said, it's a little bit long. I do apologize for that. We were a little— writing that a lot, so, and your public hearing set for today, and as I mentioned to you a minute ago,they will go on the assessment rolls this—later this summer,and you will receive your bills in November of this year. The agenda is a review of--by me and by Jimmy Messick. I will ask you all,or the Chairman will,since he is running the meeting, if you do have a question or comment, don't feel bashful. Please,come up and ask your questions. All we ask is that you be respectful of everyone in the room, you put your name on record, so we know who you are. Try to limit your questions as much as possible so other residents can have time to answer all of your questions --ask other questions of us, and we will be as respectful to all of you by trying to answer as in-depth as we possibly can, all of your questions that you have today. Please, direct your questions to the Chair. He will assign them to the appropriate professional team member to respond to you, and we ask that you, please, try not to have a debate amongst yourselves in the audience. We can't get it on the record. We don't hear you. So that's all we can ask for you to do today. Those are the extent of my opening comments and I'm going to turn it over to Jimmy Messick. Wage 16I 1 Flow Way Community Development District July 21, 2022 Mr. Messick: Thank you,Jim. Good afternoon, everyone. My name is Jimmy Messick. I am the District Engineer for Flow Way CDD, and also a professional engineer in the state of Florida. Calvin, Giordano & Associates was awarded the district's engineering services contract in 2021, and amongst other things, one of my first major items that Jim asked me to prepare was my investigation into inventory, and report to support the capital improvements program today. Today my presentation will go over the steps that I took to investigate and provide inventory and report for the development of the CIP. First, investigations had to do with permit research and CDD files review,asset inventory of the four main categories of assets the CDD is responsible for maintaining,and finally the report preparation,asset-mapped preparation,and the CIP for the next five years. First item in investigations was permit research. There are two main permit municipalities -- permitting agencies: that's the Army Corps of Engineer and South Florida Water Management District. The Army Corps of Engineers permit was pulled in 2012 under the name Mirosal, and South Florida Water Management District has two permits. One, consumptive use permit and the other is an environmental resource permit. The environment resource permit has been modified. There's a family of 22 permits that was researched that finally came to the final layout that you have today. The consumptive use permits an irrigation permit where we withdraw from the lake systems for irrigations, and we're allowed a certain amount of water per year, that's been modified, and there's two main permits,one's for the overall, and one for half parcel. Additionally,there was a CDD permit and research that was done by a Share Point file from the previous engineer of record, or district engineer, and asset maps that were reviewed. We also took a look at the plats that had been developed and submitted to Collier County, and there is plats in total, and these plats include items such as dedications of--to the HOA, Collier County Water Sewer District, Collier County Public utility easements and so forth. The asset inventory includes the drainage system,irrigation system,entry features along Immokalee Boulevard,and the landscape buffers. We then, after the inventory of the assets were completed, were able to put together the CDD maps that you see along the side on these easels,and the two maps on the boards here, the lakes map and the irrigation maps, and if you were able to zoom in on the lakes maps, you see the lake numbers,the hole numbers,and we also have a drainage map that gets more detailed with the pipe and inlets throughout the community. The irrigation map has the pump stations located, the source pumps located, and the irrigation main throughout the communities that extends to all different parcels throughout the community. The other two maps that we were able to prepare is a preserves map, both external and internal preserves are shown on this map, along with the project acreage, or preserves acreage, and the overall ownership which really just lists the various tracts that there is ownership with, whether the HOA or the CDD claims ownership to those areas. We then were able to, after the inventory had been completed, really analyze the assets, and determine where we thought more money would be going into to make the improvements,to maintain those assets, and we prepared two reports; that was the Asset Replacement Cost Report and Storm Water Erosion Report,and those reports really support the capital improvements program that we're providing you currently today. The first is the Asset Replacement Costs Report. Really the purpose of this is to establish the quantity and replacement cost used as a basis for the development of the CIP, and reserve study if needed by others. The total asset project value for the Flow Way CDD is projected at$12.2 million. The next report is the Storm Water Erosion Report,and this really provides a lineal foot of existing lake banks that requires corrective action to comply with the South Florida permit. Erosions we've seen in the community is primarily due to wind-generated wave action, seasonal water level fluctuations, park storm disaster events, and rainwater leader surface point discharge. We've selected Geotubes as a recommended restoration construction method, and these costs were used to prepare the CIP, and the CIP really establishes and prioritizes and plans funding programs to improve the existing CDD infrastructure. There's four categories in the CIP. The storm water management system, the internal/external preserves, the irrigation pump station and mains, and the community entrance along Immokalee. Along 4IPage 161 1 Flow Way Community Development District July 21, 2022 with the main worksheet at the front of the program, there's also project data sheets that supplement and explain each one of the projects, and that really gives you the five W's,who,what,when, where and why,for each project. And with that I can turn it back to Jim. Mr. Ward: A couple of things I want to focus on just going forward is how we got to where we are, and then what the plan is for'23 and beyond. So as the Chairman had mentioned to you, we took over this project, we are being the CDD, took on the maintenance responsibilities of this project basically in December of last year. It was a transition from essentially the prior Taylor Morrison controlled, both HOA boards,and the CDD boards to resident-controlled boards,and the CDD took on the responsibility of those operations. That has proven to be an enormous challenge, not only financially, but operationally,trying to build a budget for this CDD for the current year that we are in. We make it work to maintain the$13 million-- $12.2 million worth of assets that we have, and keep it going and try to do as much improvements as we possibly can. This slide—or the next slide--excuse me. I think it's important to recognize,Jimmy focused on numbers, but you have 190 acres of lakes in this project, 19 miles of lake banks, almost 16 acres of littoral plantings,which are all the plantings you see around all of the lakes, 33,000 lineal feet of drainage pipe in this system,and one--more than 1,000 acres of preserves within either external or internal to the community itself.The irrigation system is a pump house with two pumps,which we had big problems with this year, a lake that feeds those pump and waters, and two recharge wells that were drilled into the Lower Tamiami Aquifer that supplement the irrigation water that goes into the community, and then a general entranceway landscaping which runs from Immokalee Road to Addison Boulevard, and includes the entrance bridge pavers, all of the landscaping along that road, and your entrance monuments. So those are the major challenges and opportunities and components of our operational aspect of this budget that we have this year, and as I said, it's become one big challenge to handle that, and going into 2023,we know that the monies that we had to maintain this system aren't clearly even close to sufficient that's necessary to maintain the level of service that we're required for this community. One of the questions that I also get on a regular basis is, well, the amount that you sent us the letters for, or I know the other board members have received letters or comments about, is,well,that's not what's on our tax bill,and that's because your tax bill is comprised of two items. One is your general operations assessment, and the other part of it is what we call a capital assess or debt service assessment. You have a fixed assessment that's on your tax bill that was for infrastructure that was constructed initially within this community, and you pay for that in a fixed amount over time, over a 30-year basis, basically, and that included utilities and drainage systems and landscaping,whatever else it may have included in the system. So that is a fixed amount that's on your tax bill,and I'll show you later how that impacts you,and then the operating assessment is what we have that is on top of that. The right side of the slide basically shows you what the bonds—we have capital bonds that are outstanding,what their terms basically are,and they are refinanceable after a certain amount of time, although nothing is refinanceable at this moment in time, and probably won't be for the near future, and that debt automatically transfers to owners over time. The next slide that I want to show you is just a summary of your budget. So,this budget is broken down into basically the same parts that the asset program that Jimmy had mentioned to you are. They include the landscaping program,the storm water,the reuse program, and the landscaping program. So, we have a general administrator budget, which includes the administration, legal and engineering costs of the District. Those have not changed much from year to year since we started this district a number of years ago, but they remain relatively constant as we go through time. The preserve program is really the maintenance of the external preserves within the community. We have a little budgeted for the current year-- excuse me--the fiscal year 2023 that we are moving into. We really have--we've used some of the monies from the preserve line item to handle the regular maintenance of the other items that we have for the current year that we are in. The lake bank program, the irrigation system, and the 5IPage 16 1 1 Flow Way Community Development District July 21, 2022 landscaping, you can see on those charts are the real reasons for the changes. As I mentioned to you earlier, the reason for the changes is that we had transitioned this from a developer-controlled board to a homeowner-controlled board and transitioned your homeowner's -- your homeowner's association board transitioned also from developer to homeowner. As you can see what was budgeted for in the current year that we're in, and prior years,was clearly not sufficient in order to maintain those budgets. So we've basically went from approximately a$860,000 a year budget;the budget that's before the board today is$1,472,000, includes not only the operations, but as Jimmy noticed—noted to you we have done in the context of this budget a five-year capital plan. So we took the time, evaluated those assets, understood where all of the problems are, didn't load up--did not load up the budget to fix all of that in year one, but handle that over a five-year period, based upon the severity of the need for that asset to be repaired. Most of which the monies you'll notice on here really is in the erosion restoration and drainage pipes and those kind of things. So those are the major components of the capital budget,which are now melded into this operating budget. The intent, obviously, is to try to keep your assessment levels relatively reasonably priced over the coming five years, with as minimal changes as we can effect on a going-forward basis. The assessment rates are shown on the existing chart. Your existing assessment is$525.04 per year; that's what everybody pays. If you looked at your tax bill they range from various numbers, but$525 is a part of your overall budget. The assessment is going up to $1,399.81, if the board chooses to adopt that, as your Chairman indicated, that's $875 a unit change. I have been asked, and I know the board members have been asked what -- how does that compare to what's on our existing tax bill? So, this project was developed over a period of years,and it has different debt service assessment rates as we call them. So those are shown on the right, depending on what your product type is, and when the project was--when your community was built,you would pay anywhere from$1,200 a year up to$4,000 for your debt service assessment; in addition to what's on the tax bill for your capital assessment. So that's the overall look at it. If you look on your tax bill,you basically add another$800 to it,$875 to it,and that will get you what your estimated amount will be going into next year. And,finally, in the notice that we sent to you we had what we call a cap rate. A cap rate is an amount of money that we,the board,can say today that if we put that in place before we do another one of these large public hearings,we do go through regular public hearings on a yearly basis and we do notices in the newspapers, et cetera, but we don't do the mail notice piece of that. This kind of setup is a little bit more intimate or smaller than we do here. So whatever goes over that number, then we have to go back and do one of these large, notice mail public hearing types of things, but it doesn't mean you are not noticed. You clearly get notice. Our website has all of the information on it. It always does. It has all of our budgets on it,tells our meeting notices. You may join us by WebEx at any time for any meeting we have, including any one of these meetings, and they are also published in the newspaper as required by law. So,with that, Mr. Chairman, I will end, and turn it back over to you. Chairman Stamp: Thank you,Jim. Okay. We'll go ahead and move to public comments and questions. If anybody here has one, I would ask you to come up and address us from the podium, as I indicated earlier, and then after that we will move to people on the zoom. Yeah,Joe. Mr.Stigliano: Joe Stigliano,9402 Carretto Drive. Couple of quick questions. One,with the assessments, how do they apply to coach homes and condos,which don't have the square footage of the lot widths? Chairman Stamp: Go ahead--well, every door pays the same operation and maintenance. Mr. Stigliano: The chart showed by the square footage,some lots bigger than others. Wage 16 I 1 Flow Way Community Development District July 21, 2022 Chairman Stamp: That's your--that's your debt service. Mr. Stigliano: So it's just by the door? Chairman Stamp: Operation and maintenance is by door. Mr. Stigliano: And one question quick about the storm water action report. I'm looking prospectively now because there's another issue coming up with flooding in Bonita and stuff. Have you made any projections on how that comes to fact and fruition? Have they talked this over whether that's going to affect us somehow, where that water might mitigate into our lakes and water runoffs, or is that for the next part of the meeting? Chairman Stamp: No,that's a legitimate question for this, and the question is we're still looking into it. The emergency permit has not yet been issued, but it could be issued if there was an emergency. We are fighting that. We are advocating against doing that, and it hasn't happened yet, but we've got a lot of unanswered questions about exactly what water they're going to pump down here under what circumstances,so,Joe, I would like to be able to tell you I have an answer, but I don't. Mr. Stigliano: Well, I'm just asking if you -- if you're looking at a crystal ball, but you can't see into it yet. Chairman Stamp: It's a very,very strong crystal ball. Mr. Stigliano: I would be concerned where the water is going and if it winds up in the lakes and stuff. Our lakes this time of the year get maxed out almost, and we're not even into the heavy rain season, hurricane season. Thank you. Chairman Stamp: You're welcome. Mr. Riep: Hi, I'm Fritz Riep. Thank you for holding the meeting; 9333 Terresina Drive, and so a couple questions. One, it's enlightening to me. It's confusing as to what's being done by the homeowner's association and who you call. In the past, I kind of assumed landscaping and irrigation and things went to the homeowner's association, and I guess if you can kind of clarify a little bit around it. A lot of it, looks like a lot of overlap to me, I mean,who does what to me. Chairman Stamp: Yeah. I'm going to ask Jim to answer that. I'll make a prefatory comment. Up until the turnover the CDD--when Taylor Morrison controlled the CDD,had an agreement with the HOA where they did everything--well,almost everything. We're in the process of untangling that. I will readily agree with you a lot of it doesn't make any sense, but we are in the process of working with the HOA to develop, "this is ours; this is yours, and let's untangle that." Jim, go ahead. You want to muddle that up a little more? Mr. Ward: So generally speaking the entranceway on the outside of your gate is a district asset, and we maintain that,all the way down to your perimeter. Once you get inside the gate,your lakes and the littoral shelves and the lake banks,we are maintaining that. The preserves is the little pocket preserves you see in the community, and the big external preserve, we are maintaining that, and what we call the reuse irrigation system, but the part of the reuse irrigation system that we maintain is the two wells. We have two—excuse me --the wells and two pumps, and a couple of interconnecting lakes, some of which are part of the water management system. The district is maintaining those, and the main irrigation lawn, 7IPage 16I1 Flow Way Community Development District July 21, 2022 which is for irrigation through the roadways,the district maintains those. Once the--a lateral lift comes off of that main to your home, or wherever it goes, that goes probably to your homeowner's association for maintenance. I don't think you all maintain that individually, so they do that. I do want to point out one thing,the relationship that we have with the homeowner's association is really great. We work very closely together, so it kind of doesn't matter who you ask the question to. It either gets to me, or the reverse happens, I send it back to the homeowners association and we all work cooperatively together. Hopefully we don't push you off to one another. We try to do it internally and work together to funnel whatever questions we get. Mr. Riep: Okay. So if there's something that looks like an issue on the lake, basically what I've done in the past is just call the homeowners association and say, you know, there's a corrugated plastic pipe floating around in the lake, and they go, well, we don't do that, and it's sat there floating for weeks. It may have sunk. I don't know what happened. Mr. Ward: Sir, generally speaking if you go to the district's website, my personal e-mail address is on there, as is my cell phone number, as is you can e-mail the entire board, and it comes to me and then I either respond to it or forward it onto to a board member. So, there is a number of ways to get to us. Generally, if you go to the website, you should find all of that. The HOA does send me those kinds of questions all of the time and I do take care of them or assign people to take care of them, but you can go to our website, and we'll help you. Mr. Riep: Okay. Then kind of the final thing I would ask,so the erosion on the lakes certainly looks like a problem. I know a year ago they came around and tried to put some—flatten it out and raise it up, and yet behind our house there is a spots where it's like two-foot cliff where it's continued to erode. I guess the question is,and I'm sure it's part of a longer-term plan, but there may be some cases where you need to you do something beforehand. How would you address that? Mr. Ward: Okay. So, we did two things. One is the drain -- what we call the drainage pipe, there's piping systems that go basically from roadways to the lakes and go lake to lake,that kind of thing. Those were all cleaned this year. Those were--it was the very first thing we did. They were 85 percent clogged when we took over this project. So,the reality of a flooding was very,very real, so that's probably what you saw out in the field was all of that work going on. The next part of the system is,when we looked at all of the lake restoration program,which is two,three,four,five,six,seven, it's about$900,000 worth to work to repair all the lake banks in this community that we need to repair. Those were prioritized and will be dealt with beginning in '23, and on those lakes they're lakes 21 and 22 and another one. Those will be done in '23, and then we move on to the '24, and so we've got a full five-year program. We knew trying to say,give us a million dollars on day one is not going to work, so we scheduled them in the order that we knew from a priority perspective the most critical to the least critical. We did them over a five- year period to make that work for you. So that is -- and that's looked at constantly. So, if something changes, which it will, we can move the schedule up. We can move it back. We can make changes to make that work. Mr. Riep: I guess as a final,what prevents erosion in the future? I mean, is it going to be more than just, you know, kind of re-dredging stuff up? Chairman Stamp: Jimmy, how are we going to fix this? 8IPage 16I 1 Flow Way Community Development District July 21, 2022 Mr. Messick: What we're proposing,the Geotube, really has a liner that we dredge the sediments that's been eroded to the lake, and stick it inside the Geotube, and that kind of sets the edges for the lakes, so you won't have that constant erosion from the storm water systems. We're also looking at trying to remove the above-ground rainwater leader discharges into the lake. There is a specific lake, and I don't have it off the top of my head, but there is rainwater leaders that discharge to the ground and then it just funnels towards the lake,so we have a constant funneling,that's where you get a lot of erosions and spot erosions along the edges of the lakes. So we're trying to address those along with the bank restoration. Mr. Riep: So it seems like in addition to that--that makes sense. It seems like certain points in the long lakes at the end where the waves come in and it's from the wave action and seems like there ought to be some sort of landscaping or rocks or something to reduce the erosion at certain points. Mr. Messick: We can consider the landscapings. We have littoral planting, renourishment really, along with the lake bank restoration, so we can consider strategically placing those. Really the way that the placement is for the benefit of the residents' view from their house, first and foremost, and we can look and see if there is a better place for that when they do the lake bank restoration. Mr. Riep: Okay. Thank you. Chairman Stamp: Let me--I want to make a general comment based on some issue that you raised. I'm sure people are out there sitting and wondering how do we go from$550 assessment to the amount we're going to? The reason is Taylor Morrison didn't do these things. They let the lake banks go. They let pipes be clogged, let the pumps fail. The weir,the south weir down by Immokalee,we had to do an emergency repair on that,or it would've probably been washed out by now. Had they been realistic about what they were supposed to be doing, it would've been much higher in the past,and would have been cheaper had they maintained it, but they didn't, and that's a big reason for the jump here, is trying to get caught up and get ahead of the curve. Any other questions? Mr. Teperow: Marty Teperow, 9433 Benvenuto Court. There was a comment made that the average cost of the exterior preserve maintenance is approximately$250,000 a year. So, as I look at the budget, it's obviously not funding that, it's funding about$1,000; isn't that correct? Chairman Stamp: That's correct. Mr. Teperow: Okay. And then the other, the 17 and 10, but to the naked eye, to the untrained eye, I look out and see a bunch of dead trees, I see a bunch of grass, lawn grass, see some live trees, animals back there, I'm wondering how could it cost$250,000 to maintain the preserves? Chairman Stamp: Well, the reason it costs $250,000, and it should go down, is part of it's misleading to call it, and I do it,too, call it maintenance, because part of it was mitigation. They went in and took out the Brazilian Peppers and the Mallaluca trees,and things like that. They have to have a program of making sure they stay out for a period of time,so it's not just leaving things alone and letting it go. It's mitigation -- I'll say this right-- mitigation, maintenance, and monitoring. We all kind of lump it together and call it maintenance, which is our fault for doing the shorthand. Over time that should go down because once you've got all of those things eliminated, or we're down to the percentages that are acceptable, that number should drop, and that's still something we're in contention with Taylor Morrison about, who has the responsibility to do that so... 9IPage 16I1 Flow Way Community Development District July 21, 2022 Mr.Teperow: So you did answer my--you did take my thunder away on the other one. I was looking at the budget and I said how much of this budget is the responsibility-- is Taylor Morrison's responsibility, or in litigation, is it half of this budget, or just ballpark? I mean, if we were to win the lawsuit— Chairman Stamp: I don't know how to answer that. The lake banks are 600-some thousand, but some of that is routine maintenance, so what portions they had done,the pipes, again, because you get into a question of what's usual wear and tear versus the condition, they left them in; that's what makes them very difficult questions to answer. There is certainly a big portion of that, and had they done realistic maintenance, we wouldn't be where we're at. The district, the CDD, as well as the HOA, anticipate filing at some point what we in shorthand call a 558 lawsuit against Taylor Morrison for defects and failure to maintain, and those haven't been done for a variety of reasons, but are still out there in the pipeline to come, and, you know, we'll see what the results are to that. So this is an ongoing -- it's not over. Let's leave it at that. Mr.Teperow: Comment? Chairman Stamp: Sure. Mr.Teperow: I think somebody said we have$12 million worth of assets? Chairman Stamp: Yes. Mr. Teperow: As I look at this five-year plan, it's very, very small, very,very, very conservative. I don't know there is any risk. We're looking at a million one. I know you want more money, but is it realistic? Mr. Ward: I think both --Jimmy can answer operation. I will tell you financially it's realistic for us to handle it this way. The amount of work that went into identifying what that number was is huge. We've spent months working on this, and,Jimmy, you can answer. Mr. Messick: The $12 million,that's noted as replacement cost, not a maintenance cost. So,there's no need for$12 million worth of maintenance cost in the next 12 years. Mr.Teperow: But this is capital, right, this is$12 million in assets? Mr. Messick: Yes. Mr.Teperow: Call that capital? Mr. Messick: Yes. Mr.Teperow: Okay. You said we need a million one over the next five years to maintain? Mr. Messick: To maintain --to bring it up to code and maintain. Mr. Teperow: Okay. Last comment. I live on Benvenuto. And you had a quick discussion over here about the erosion. We have no littorals there. It is just completely bear. So I'm just wondering are we --do you know if Benvenuto is in the 2023? You had numbers. I don't know where we were. 10IPage 16I 1 Flow Way Community Development District July 21, 2022 Mr. Ward: I don't know where location is. We just know by numbers at the moment. Jimmy will, after the meeting, he will be more than happy to talk to you. Chairman Stamp: The budget shows lake by lake every year,so we can break down for you the numbers, but off my head,we can't bring it up. Mr.Teperow: Thank you. Chairman Stamp: You're welcome. (A court reporter interruption was had. The proceedings continued as follows:) Mr. Stigliano: 9402 Carretto Drive. Chairman Stamp: Yeah,we don't need your address,just your name. Mr. Stigliano: You know who I am and where to find me. Over the quarry they put rickrack, the rock around it,and the last hurricane tore it up,and that was a big assessment to fix that. So,what I'm saying, I don't think there is any permanent solution. Although, Wild Blue is putting bulkheads in literally, but that's extreme. So as a resident, I don't expect any permanent solution. We're going to have some erosion. The other thing,this is the second community that we've moved into,we've bought a house in, that's gone through turnover. I talk a lot to my friends and neighbors, and they're wondering why are things going up,when we bought in here or came here it's less? Well, people that haven't been through the turnover, you gotta realize, and I don't want to spend more than I have to, but we've had the same situation with Pulte in the other community. They didn't maintain things. The CDD was left with an infrastructure that was not taken care of. The HOA was left with a lot of expenses that were deferred. They collected the money, but,you know, big corporation,they move it around a lot easier than we can. So, I would tend to think the people that have never been through a turnover, this may sound like why are we charging so much money? I don't want to pay more than I have to, but you justify what you're doing. I thought I would get that out, because people have misnomers as to why you're doing this. Thank you. Chairman Stamp: Thank you. Anybody else in the audience? Do we have--Steven, we have anybody that's raised their hand on the— Mr. Murray: We have three online, but none have raised their hands,sir. Chairman Stamp: Give them a couple seconds to find the button if they want to. If not, open it up to the board members. I'll do the same thing,take the board members that are here, if they want to comment, and do the board members on Zoom. I don't know if anybody else wants to say anything? Mr. Bhatla: No. Chairman Stamp: No? We're good. Mr. Miller: Mr. Chairman,this is Ron Miller. Can you hear me? Chairman Stamp: I can hear you now. 11 I Page 16I1 Flow Way Community Development District July 21, 2022 Mr. Miller: Okay. I'm glad. I don't know what's going on, but I was pushed out of the meeting visually. I could still hear what's going on. Apparently,you can hear me, but I can't get back in. Chairman Stamp: Well, you're in. I'm going to let the board members that are on Zoom comment now, if they want to make any comments before we go to the motions. Martinn? Mr. Winters: I don't have comments, other than I thought you guys did a great job. Chairman Stamp: All right. Mr.Winters: Can you hear me? Chairman Stamp: Yeah,we heard you. Mr. Winters: Yeah. I think you guys did a great job. Thank you. Chairman Stamp: Ron, anything? Mr. Miller: No,sir. I'm good. Chairman Stamp: All right. Mr. Miller: Just to say good job guys. III. Consideration of Resolution 2022-4 adopting the annual appropriation and Budget for Fiscal Year 2023 Chairman Stamp called for a motion for Resolution 2022-4. On MOTION made by Mr.Tom Kleck,seconded by Mr. Bart Bhatla,and with all in favor, Resolution 2022-4 was adopted, and the Chair was authorized to sign. Chairman Stamp asked if there were any members of the public present by audio or video with any comments or questions; there were none. He noted there were no members of the public present in person. He called for a motion to close the public hearing. On MOTION made by Chairman Zack Stamp, seconded by Mr. Tom Kleck,and with all in favor,the Public Hearing was closed. II. Board Comment Chairman Stamp asked if there were any questions;there were none. 12IPage 16I1 ' Flow Way Community Development District July 21, 2022 II. d.) FISCAL YEAR 2023 PUBLIC HEARING TO IMPOSE SPECIAL ASSESSMENTS;ADOPT AN ASSESSMENT ROLL,APPROVE THE GENERAL FUND SPECIAL ASSESSMENT METHODOLOGY AND SET AN OPERATIONS AND MAINTENANCE CAP FOR NOTICE PURPOSES. Chairman Stamp: Next item will be a public hearing to impose the special assessment adopted to fund the budget. We'll ask if Jim wants to add anything to that? Mr. Ward: I don't. Chairman Stamp: He does not. Again,there is a period of public comment or question. Anything that's happened in the last two minutes raised new questions or comments? This will be a time for them. (No response). Okay. Hearing none. Anything -- any board discussion? Anybody raise their hand on the Zoom calls? All right. Mr. Murray: No,sir. Chairman Stamp: It would be in order now for consideration of Resolution 2022-5 imposing the assessment. Is there a motion? On MOTION made by Mr. Bart Bhatla,seconded by Mr.Tom Kleck,and with all in favor, Resolution 2022-5 was adopted, and the Chair was authorized to sign. III. e.) FISCAL YEAR 2023 PUBLIC HEARING TO IMPOSE SPECIAL ASSESSMENTS: SETTING AN OPERATIONS AND MAINTENANCE CAP FOR NOTICE PURPOSES. Chairman Stamp: Next is consideration of Resolution 2022-6, which is the cap rate, and is there any discussion on the cap rate? (No response). I mean, I would be surprised if everybody understands what the cap rate is, not because it's that complicated, it's just we get so used to dealing with it,we sometimes forget that other people aren't familiar with dealing with it. So just so everybody understands,the cap rate is the maximum that we can assess going forward without going to another special hearing like this, which entails the mailing of notice and public hearing. We do have about $200, round numbers, that we can go up over the next five years, gives us room for inflation,which when we started this budget back in January,we didn't think it was going to be here, but it's here, but that is the purpose of the cap rate. It's a protection for you that says we have to give you extraordinary notice before we violate. We can do it,we can raise it in the future, but we have to give an extraordinary notice to the public, and that's the purpose of the cap rate. So, if there's no discussion,take a motion on adoption of the cap rate. On MOTION made by Mr. Bart Bhatla, seconded by Mr.Tom Kleck, and with all in favor, Resolution 2022-6 was adopted, and the Chair was authorized to sign. THIRD ORDER OF BUSINESS Public Comments(non-Agenda Items) 13IPage 1611 Flow Way Community Development District July 21, 2022 Chairman Stamp: Are there any public comments on any non-agenda item? This is an opportunity to get up and address the board, ask a question or make a comment. We allow three minutes to do that. If there's something that comes up on the agenda you want to get my attention, we'll let you address it then, and as always, at the end of the meeting if you decide there is something you do want to say. We'll give you another opportunity to do that at that time. (No response). Seeing nothing, let's go on -- oh, yes. Go ahead. Mr.Ferranti: Al Ferranti,Galleon Terrace. Maybe the question is for our engineer.Are our lakes sufficient enough to handle any floodings, any hurricanes? I was here during Irma,and I notice if you walked on the path, we have the spillways that go out to Immokalee. Going forward with the work that's already been done, will our lakes handle the water that could be coming our way with any tropical storms and hurricanes? Mr. Messick: The lakes,when they are permitted through the South Florida Water Management District, they have modelling that's required and stage storage that identifies at a minimum the finished floor elevations of all the residents;within the permit it can handle above the 100 year,three-day storm event. The criteria that's set by the state is that the houses are above that storm water level. Now,there's also other criteria whether or not you're in a floodplain,which I don't believe this was in a floodplain and didn't have that criteria to meet. So, it can handle 100-year, three-day storm event. Now, if there is a storm event like Houston, a 500-year storm event and the Flow Way is already saturated,there is no guarantee; that's when we will have to take a look at insurance and stuff like that. Mr. Ferranti: Is the city or the county doing any improvements along Immokalee with the system that, I guess,goes out to the Gulf? Mr. Messick: Well, they are always maintaining the system continuously. I'm not aware of any future improvements they're doing along Immokalee, but certainly we are in contact with the county. If there are any,they'll notice,give us notice, and we'll be made aware of those improvements. Chairman Stamp: Thank you,Al. We have somebody that's raised their hand on the Zoom call. Mr. Murray: We have a David Boguslawski. He then lowered his hand, so I'm not sure if he wants to speak or not. David,you're unmuted. Mr. Boguslawski: Okay. Thanks. Yeah, Dave Boguslawski. I was just practicing raising my hand, Zack. I wanted to see how it works. But I also want to say, I think with respect to the budget,the purpose of it, I have a comment and question. I think Marty's comment about littorals, and probably Frits' as well, is probably where you're going to find some people wanting more to be done over time to improve the look of the place. It's not just lake bank erosion, but it's also plants, and if you feel that pressure, or we feel that pressure, is there a way to do it within this budget, or the cap rate that you guys have set? Chairman Stamp: I mean, my initial comment, and then I'll ask Jim and Jimmy to respond is, it's obvious a question of degree. We've got a couple hundred more we could go up for fiscal year 2024. I don't know what that gets us, in terms of what the demand is going to be. Can we solve everybody's wish list? I'm sure the answer to that is an absolute no, and we're --we don't know where the lawsuits are going to come out. We don't know what --we don't also know what other surprises we're going to get. For the audience,we've had two pumps fail that apparently--within the first few months of us taking over-- 14IPage 16I1 Flow Way Community Development District July 21, 2022 that apparently Taylor Morrison had never done any maintenance on at all. So, who knows what rock we're going to turn over, what's going to run out from under it. So, Dave, I can't answer your question. We've got some room. We can certainly go in 2024, if we thought we had the pressure to take it up roughly$200, but then we're at the cap rate again. So,we're going to have to wait and see. Mr. Boguslawski: I just would like to make one last comment. You're fielding the same calls probably more than I am, but one of the discussions I've had with a couple members is the fact the CDD apparently right now does not have any reserve funding. So,when something breaks, like a pump,there's no kitty to go to. You're basically moving the money around to fund the most—the highest priority items. Any-- any thoughts going forward on creating a reserve funding? Chairman Stamp: Well, the budget that we just adopted and funded does have a reserve fund, the beginning of a reserve fund, but we're not even back to where we really need to be;that's what allowed us to do the emergency repairs like the lake banks and pipes and the weirs this last time. You're absolutely correct. We've effectively wiped it out,so if it happens in the next three months,we could be in trouble. If it happens after October 1st,we might not be in quite as much trouble, but might be in trouble. Mr.Ward: A little less. Chairman Stamp: A little less trouble. Keep in mind,these tax bills go out in November. Some people pay them right away to get the discount, other people don't. • So that money will start flowing into the district November, December,January,and we will start, obviously,spending some of it on these projects that we just approved in the budget. We will,obviously,start putting some back for the reserve because you're absolutely right. We do not have an adequate reserve right now. We're kind of standing here naked. I know that's a wonderful thought for some people. It may show you the depth of our problem. Mr. Boguslawski: Thank you. All set. Chairman Stamp: Okay. Anything else? (No response). Chairman Stamp: All right. Close public comments. We will come back to them, and I don't think we probably need a break. We got through the budget faster than I thought we would. FOURTH ORDER OF BUSINESS Consideration of Minutes June 16,2022, Regular Meeting Minutes June 22,2022—Continued Regular Meeting Chairperson Stamp:The next item for consideration is the minutes. We've got two sets of minutes here. We've got the minutes of the June 16th, 2022, regular meeting, and,with that, if there's no objection, I'll also include the special, the continuation of the regular meeting on June 22nd, and any additions or corrections to either of those? (No response). On MOTION made by Mr.Tom Kleck,seconded by Mr. Bart Bhatla,and with all in favor,the June 16,2022,and June 22,2022, Regular Meeting Minutes were approved. 15 I Page I611 Flow Way Community Development District July 21, 2022 FIFTH ORDER OF BUSINESS Consideration of Resolution 2022-7 Consideration of Resolution 2022-7 designating dates, time, and location for regular meeting of the Board of Supervisor's for Fiscal Year 2023 Chairman Stamp: Next item is Resolution 2022-7, which sets the meeting dates for the regular meeting for the upcoming fiscal year, which starts October 1st. It's in the board packet. It will stay on the third Thursday of every month at 1:00 here at the culinary center. I know there's a little confusion. We moved this to 4:00 thinking we might get better attendance. I don't know if we did or not. The usual attendance is about four people, so I guess we got more than four. I don't know if it was because of the special assessment or it would've got more if we left it at 1:00; that's the reason we moved it to 4:00, to try to make it more available to people. So, anyway, resolution, motion to adopt. On MOTION made by Mr. Bart Bhatla,seconded by Mr.Tom Kleck,and with all in favor, Resolution 2022-7 was adopted as presented, and the Chair was authorized to sign. Chairman Stamp: Next item will be staff items. District Attorney Greg Woods is with us,and he will walk us through his agenda,which you should have in front of you as well. SIXTH ORDER OF BUSINESS Staff Items I. District Attorney Mr.Woods: Good afternoon. Greg woods. I'm sure most of you are aware of the City of Bonita Springs is seeking an approval of an operation plan for emergency pumps. Just in case you haven't heard of it, I will give you a brief overview. They're seeking to—the City of Bonita Springs has areas that flood. Their infrastructure is not adequate to get rid of the water. So, they have asked the South Florida Water Management District to give them the ability to pump water into Collier County, and more specifically into the preserves adjacent to Esplanade. So, obviously, an issue of concern for us, and we are paying particular attention to this. The Collier County --we worked with the Collier County Attorney's Office. They are aware of the issue. Actually,the city—the county commissioner for North Collier,Andy Solis, is on the issue. He has been pushing the county to make sure they stay on top of this, because, obviously, you know,with this kind of a plan,we do not want this water coming into the preserves when you don't know the quantity,the quality of the water. There has been no environmental studies to assess the quality of the water that will be pumped into the area,and we don't know the overall effects as the water moves down. It has to move down to the Gulf,and it would affect other areas of Collier County as well. The City of Bonita Springs withdrew their plan from consideration, because they knew there was kind of an uproar of all of this,and they're continuing to work on it. We have a bit of a concern, because even this new plan has not been approved. There was a prior plan that's kind of still in place,and they could,theoretically, if a storm came, they could apply to South Florida Water Management District for an emergency permit, and because of an emergency,South Florida Water Management District may issue it, like, right then and there. We would have no notice or ability to deal with that at the time. Now, obviously,that's an area of concern,and I will say this is a situation they've only used the pumps twice and since. The City of Bonita 16IPage 1611 Flow Way Community Development District July 21, 2022 Springs has pumped in 1995, and they pumped in 2018. So there have been storms that came through where they didn't pump, so that's somewhat good news. Obviously, we're still concerned about a big storm now, and pumping the preserves now, and what it's going to do to the preserves and the wildlife. Who is going to pay for cleanup? Who is going to handle the cleanup? What's the timing of the cleanup? These all are issues we've raised with the South Florida Water Management District in a letter I sent on July 1st of this year. There's also --there is a kind of an advisory board that sits under this. It's the Big Cypress Basin Board. They also --they have kind of preliminarily addressed this plan issue. They were going to put it on the agenda, and then they did not; pulled it off of the agenda. Mr. Stamp and some others attended their meeting. The Conservancy, a lot of environmental groups are very interested in this issue even before us. So,we have a lot of support within the environmental groups for taking--you know, including anything happening without proper analysis and studies and answers to what's going to happen. So great deal of support. Those groups also showed up at the Big Cypress Basin. Mr. Stamp made some very good remarks on our behalf. So,we're waiting for it to come back on the agenda at the Big Cypress Basin, and then we will make a presentation. The district engineer will participate in that. We will make a presentation to that board. Again, they don't make the decision. South Florida Water Management makes the decision, but I would hope they would take the input of their advisory board relative to those points. So that's kind of where that stands generally. Everybody is keeping a close eye on it, because, obviously, it's a matter of concern to the community. Chairman Stamp: Greg, let me just jump in. The next Big Cypress meeting is August 25th. We do not know if it will be on the agenda. The chairperson, chairwoman, indicated they might get an update, whatever that means. So, we'll be watching. If it is on agenda,we will certainly be there to participate and make the community aware of it. We just can't answer that question right now. Mr.Woods: We would also encourage the residents,if and when it gets on the agenda,a resident turnout also helps. These boards and bodies are all political. If you get a good resident turnout and express your concern as well, I think that assists in the cause. So anybody interested in the subject and friends and neighbors, come on out if this stuff gets on the agenda. We encourage that. The next item I have is the arbitration award. On June 10th the arbitrator entered a nonbinding arbitration award in the lawsuit. Essentially, all the parties had 20 days from that date to file a motion for trial. No party did so. So, the arbitration award becomes final, and is final as between Taylor Morrison and the CDD. There is an issue in the 20-day period. The judge heard the former director's motion for summary judgment, and she granted that motion for summary judgment. So,the former directors are contending that they weren't a part of that award. They're seeking a judgment of the motion for summary judgment. We contend if they wanted to do that, in order to get a final judgment,they had to also file for a motion for new trial or trial de novo,and they didn't do that. So,we filled a motion with the judge to adopt the arbitration award, and those are issues before the judge. We have a lot of follow-up kind of strategy issues in that regard that I can't talk about with you, because it would be a waiver of the attorney-client privilege, and you don't want to talk a litigation strategy in an open forum and do it the record. There are some other actions that we intend to take that would further some of the positions we had in the litigation. I don't know-- I prefer not to go into those, just, again, it's a strategy thing, and we want to take advantage of our positions while we can without getting opposition ahead of time from Taylor Morrison. One of the other items that we will be doing, Mr. Stamp, I think mentioned it, we will be filing a complaint for our construction defect claims against Taylor Morrison, and so that is pending. Those will be coming up. I suspect that we'll file those in the Fall. We'd like to file those in a coordinated effort with the HOA. The HOA will be bringing fairly significant construction defect claims against Taylor Morrison. So,we want to join them,coordinate our efforts in that litigation when it's filed as well. So that's another avenue we are pursuing against Taylor Morrison. 17 IPage 1 6 I 1 Flow Way Community Development District July 21, 2022 Chairman Stamp: Questions from the board? Anything, Martin, Ron? Mr. Miller: I'm good. Mr. Winters: No questions. Chairman Stamp: Okay. Mr. Stigliano: Can we get questions? Chairman Stamp: Joe? Mr. Stigliano: Question? Chairman Stamp: As long as it's on this topic. Mr.Stigliano: Yes. I want to thank Greg for his presentation. It's really an interesting situation, because as he said, they can declare a health emergency and throw the switch. When they pumped in the past, you mentioned they pumped twice in the past. Did they pump the water into the woodland slough at that time? Mr. Woods: Actually,that would be a question for the engineer. Mr. Messick: When I spoke with the district about past storm events, he mentioned that they didn't pump into our preserves, but those are --those are storms which they would have been able to pump. The level,the amount of water that they received in Bonita Springs was an event high enough where they would have pumped, but they did not. Mr. Stigliano: That was a number of years ago. Looking at what's going on in the Bonita side, they've gotten state money for some very high output pumps. This is big equipment, not something you're going to get from a rental place. As you go forward in your discussions,this is really,when you have a situation where there's a practical solution, and, obviously, a political solution, unfortunately, it's the political solution we need to resolve first. Bonita got money from the state to buy pumps. In one of the documents,they cc'd to the state representative. Have we been in touch with our state representative? I would suggest we reach out into the political structure. I don't want to sound like Machiavelli, but just so we have a discussion on the practical end, I would reach out to our state representative. They cc'd -- I've been watching what's going on. They cc'd their documents to Adam. He was the first person,their state representative. Unfortunately,we are going through redistricting. I'm not sure who is going to be our state representative when we vote on election day. Two other comments. One, I've had some experience in the public sector. Looking at what's going on in Bonita and our response, this is very specific, but it's the most ambiguous situation. They are literally going to flush their toilet on our side of the fence, and they set it up so if somebody sees an alligator on Bonita Beach Road, that's a health emergency and they're going to throw the switch. Jim, as you're involved with them, there is a way of bypassing. According to Bonita's documents,the pumps are going to be right on Bonita Beach Road and Logan. All right? Woodland slough runs along Logan. Why not suggesting to Logan right away they put piping, and 99 percent of that piping is going to be above ground. The only place you have that's a problem is going to be the one community where the entrance is on Logan. Other than that, I would 18IPage 16I 1 s Flow Way Community Development District July 21, 2022 throw that out to give some cover to the politicals, too, on this. There is a solution, and that will -- of course, it doesn't address what the real problem is,when it goes down Collier, Immokalee Road, are they going to be able to handle it, but that's not our problem. If we take a position we're going to dig in and say it's either our way,or we don't have response to this, if this ends up in the courts or ends up with the boards, governing boards, they are more political than they are practical on this stuff. They say they're practical, but they're not. We should expand a little into the political end of this. We're matching them gun for gun here,that was my comment on that. Thank you. Chairman Stamp: Thank you. I know we copied the commissioner. I don't know if we copied the state rep or not? Mr. Woods: That's actually a very good idea. Chairman Stamp: Okay. District engineer report. I. District Engineer-Calvin,Giordano&Associates a. Engineering Report Mr. Messick: Yeah. I had several items in my report,too, I was going to speak on. One of the two I was going to speak on was the Bonita Springs Floodwater Diversion Plan,which has been covered by Greg Woods. I don't think I need to reiterate the things he mentioned, or the items he discussed. The only other thing I wanted to mention was the preserve tree removal. I have a landscaping architect arborist by the name of Mike O'Connor here. He has been working with contractors to follow-up with the first phase of tree removal in the immediate adjacent preserve areas,and that work plans to be completed by the end of the month in 2022. Chairman Stamp: And just to piggyback off of what he said, if you've got a comment, I'll take it. Marty talked about; we can't cut down every dead tree. They have to present some kind of a risk to people and/or property. It costs us. There is a whole process. We have to get permits. You and I can go out with a chain saw and take care of it in an afternoon. It's $25 a tree permits. They have to get them approved. it's not that easy. I wish it was. Like I said,you prioritized 30-some trees in three categories, depending on how much of a danger they are. Most of the trees you see are going to fall over,and that's what it's all about. Do you have anything? Mr. Riep: I think you just answered it. I guess the question was it dead trees or was it— Chairman Stamp: Oh,your name again for the record. Mr. Riep: Oh, right. Yes,was it invasive trees or— Mr. Messick: No,just dead trees that pose a hazard to the community. Mr. Riep: So dead trees that don't pose a hazard left to— Mr. Messick: Yeah. 19 I Page j6I1 Flow Way Community Development District July 21, 2022 Chairman Stamp: If they're invasive we can take them out,that's part of the maintenance-- mitigation, maintenance, and monitoring program. They're fair game, no matter what. Now we are to the District Manager. II. District Manager Mr.Ward: I have nothing for you, Mr. Chairman. SEVENTH ORDER OF BUSINESS Audience Comments Chairperson Stamp asked if there were any audience comments;there were no audience comments. Mr. Murray: No hands raised, sir. Chairman Stamp: No hands raised. I thank you. This is by far the biggest meeting we had as far as attendance. I appreciate you coming out,and we'll be around a little bit. If you've got a specific question, we can try to address those, or at least help get to the answer with you. If nothing else, I'll take motion to adjourn. NINTH ORDER OF BUSINESS Adjournment/Recess There being no further business for the good of the District, the meeting was adjourned by order of Chairperson Stamp adjourned the meeting at approximately 5:13 p.m. On MOTION made by Mr.Tom Kleck,seconded by Mr. Bart Bhatla,and with all in favor,the Meeting was adjourned. Flow Way Community Development District /1144kel James P Ward,Secretary Z Stamp, air erson 20 I Page Flow Way CDD Meeting 115 I 1 July 21, 2022 TRANSCRIPT OF THE MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS Naples, Florida, July 21, 2022 LET IT BE REMEMBERED, that the Board of Supervisors, met on this date at 4 : 00 p .m. at the Esplanade Golf and Country Club, 8901 Torre Vista Lane, Naples, Florida, with the following members present : CHAIRMAN: Zack Stamp Ronald Miller, Vice Chairman Manmohan Bhatla, Assistant Secretary Tom Kleck, Assistant Secretary Martinn Winters , Assistant Secretary James Ward, District Manager Jimmy Messick, District Engineer Gregory Woods, District Counsel REPORTED BY: Janice R. Maline U. S . Legal Support, Inc . U.S . Legal Support 1 www.uslegalsupport .com Flow Way CDD Meeting it, 1 1 July 21, 2022 Page 2 Page 4 1 PROCEEDINGS 1 The process to get to this budget is this: 2 CHAIRMAN STAMP: We're here for this special 2 Jim Ward, who you'll meet in a minute, and I began 3 meeting, the July 21st meeting of the Flow Way. 3 working on this back in January, after we were 4 I'd like to call the meeting to order and ask for 4 able to have an engineering study completed. 5 roll call. 5 We exposed the budget to the other board 6 MR. WARD: Supervisor Bhatla? 6 members in March, in April and in May when we 7 MR. BHATLA: Here. 7 finally amended it and prepared it to present to 8 MR. WARD: Supervisor Kleck? 8 the residents. 9 MR. KLECK: Here. 9 This process gave the board members, the 10 MR. WARD: Supervisor Winters? 10 residents, and other vendors, time to examine the 11 MR. WINTERS: Here. 11 proposal, make comments, ask questions and propose 12 MR. WARD: Supervisor Miller? 12 amendments. Hopefully, it demonstrates that we 13 MR. MITT,RR: Here. 13 looked at a lot of different options, allowed us 14 MR. WARD: Supervisor Stamp? 14 to formulate a long-term plan, which you're going 15 CHAIRMAN STAMP: Here. A11 five members 15 to hear more about, and show you in detail where 16 being either physically present or present by 16 that money would be spent. 17 Zoom, we do have three members present in person, 17 Jim Ward, the District Administrator, and 18 so we have a quorum, and we'll proceed with the 18 Jimmy Messick, the District Engineer, who are on 19 agenda. 19 the panel up here today, are going to walk you 20 We welcome you all here. I'm going to make a 20 through a PowerPoint presentation on the slides. 21 few comments before we get to the agenda, which I 21 At the conclusion of their presentation, the 22 hope you all picked up over there. If you 22 board will take comments and questions from the 23 haven't, it's all over there. 23 residents. We'll do the residents that are here 24 The question a lot of you have asked is why a 24 first, and if there's any residents on Zoom that 25 520-page agenda? Why don't you just give us a 25 want to answer (sic) I would ask them to -- or ask Page 3 Page 5 1 number? The number is $875 per year increase in 1 or comment -- I would ask them, I guess the 2 the CDD assessment. Taking another $875 from you 2 parlance is raise your hand, somehow make it known 3 or from us is not something we took lightly -- 3 that you want to participate, and I'll call on 4 take lightly. We pay it, too. You're entitled to 4 you. I'm going to take the people who are here 5 know more than just what we're asking for. You're 5 first before we move on. 6 entitled to know several things. 6 I would ask whatever the comments are, the 7 You're entitled to know what the CDD really 7 questions are, if you think the assessment is too 8 does, where your money's going. You're entitled 8 high, please, also tell us what programs you would 9 to know how we see our obligations to the 9 cut, what services you would cut, what expenses 10 residents. 10 would you delay, how would you get to a lower 11 You're entitled to understand, or at least 11 number, because certainly any budget out there can 12 hear from us, what the challenges are going from a 12 always be cut. It's just the question of what the 13 developer-controlled CDD when Taylor Morrison 13 consequences of the cut in the budget are. 14 controlled the board, to a board controlled by 14 As a side note, I can tell you we cannot 15 residents, which has happened less than two years 15 raise the $875, because that's what we sent out in 16 ago; and, indeed, you're entitled to know how we 16 the mailing. So if anybody came here today to 17 intend to spend that money. 17 advocate for a higher rate, we can't do it by law. 18 The Board's goals, and I hope your goals are 18 I don't think there probably are any, but if there 19 these: One, protect the residents; two, protect 19 are, we can't do that. 20 the residents' property, preserve the district 20 Following the questions and comments the 21 assets, which you're going to hear a lot about 21 board will have a discussion. The board members 22 today; deliver the desired services and prepare 22 can ask questions of whoever they want and of each 23 adequately for future events. None of these 23 other and make comments, then we will have a vote 24 appeared to be Taylor Morrison priorities, which 24 on three different resolutions on your agenda. It 25 is part of our problem. 25 may look a little convoluted and confusing, that's U.S . Legal Support 1 www.uslegalsupport . com 2 to 5 Flow Way CDD Meeting 16 I 1 July 21, 2022 Page 6 Page 8 1 because it is, but that's the way the Florida law 1 Calvin, Giordano & Associates, prepared. It was 2 requires that we do it, and we will follow the 2 approved by the board in May for the purpose of 3 law. At the conclusion of our budget part of our 3 setting the public hearing today at today's date. 4 hearing, we'll probably take a short break, and 4 The approval basically set the upper limits 5 move on to what they normally call the regular 5 of what we can do, as Zack had mentioned before. 6 agenda, which is the other items that we deal with 6 So whatever we change today, we can only come down 7 on a routine basis every week. 7 from that number. We can't go up from that 8 During that portion of the meeting, if 8 number. 9 anybody wants to comment or ask questions on 9 All of you were sent, as required by law, a 10 something on that part of the agenda, or anything, 10 mailed notice to all of your homes. Many have 11 we always allow people time to do that, so we will 11 said, some has said, it's a little bit long. I do 12 do that. 12 apologize for that. We were a little -- writing 13 I would ask the first part we address 13 that a lot, so, and your public hearing set for 14 ourselves, concern ourselves with the budget. The 14 today, and as I mentioned to you a minute ago, 15 second part can be the other items on the agenda, 15 they will go on the assessment rolls this -- later 16 or any item you choose to raise. With all that, 16 this summer, and you will receive your bills in 17 I'll ask Jim to walk us through the presentation. 17 November of this year. 18 MR. WARD: Sure. Thank you, Mr. Chairman. 18 The agenda is a review of -- by me and by 19 I'm going to walk you through a couple of slides 19 Jimmy Messick. I will ask you all, or the 20 to begin with to set the stage here. From here 20 Chairman will, since he is running the meeting, if 21 Jimmy will take over, and as the Chair indicated, 21 you do have a question or comment, don't feel 22 we'll go through the detailed reports that we 22 bashful. 23 prepared for the hearing today for the board and 23 Please, come up and ask your questions. All 24 for the past few months with respect to this 24 we ask is that you be respectful of everyone in 25 budget, and then I'll summarize towards the end 25 the room, you put your name on record, so we know Page 7 Page 9 1 with the financial impacts. Usually the first 1 who you are. Try to limit your questions as much 2 question I get asked when I get a phone call is, 2 as possible so other residents can have time to 3 "Why are we having a public hearing in July? Why 3 answer all of your questions -- ask other 4 isn't this in January or March or some other 4 questions of us, and we will be as respectful to 5 date?" 5 all of you by trying to answer as in-depth as we 6 So our budget year runs from October 1 6 possibly can, all of your questions that you have 7 through September 30th. It is set by state law. 7 today. 8 We cannot change that, and as a result of that our 8 Please, direct your questions to the Chair. 9 hearings are required to be held usually between 9 He will assign them to the appropriate 10 the months of June and July through August of this 10 professional team member to respond to you, and we 11 year. 11 ask that you, please, try not to have a debate 12 Those are statutorily set, and that's why our 12 amongst yourselves in the audience. We can't get 13 hearing is in the summer months of each year 13 it on the record. We don't hear you. So that's 14 because all governments, most all governments, I 14 all we can ask for you to do today. 15 should say, in Florida have an October 1st fiscal 15 Those are the extent of my opening comments 16 year start date; that's when we put the assessment 16 and I'm going to turn it over to Jimmy Messick. 17 on tax bills. You get them in November of each 17 Jimmy? 18 year. 18 MR. MESSICK: Thank you, Jim. Good 19 As Zack had mentioned to you, we began this 19 afternoon, everyone. My name is Jimmy Messick. I 20 process in January of this year. I think we 20 am the District Engineer for Flow Way alp, and 21 submitted the budget to the board in March, and 21 also a professional engineer in the state of 22 they began their deliberations from March, April, 22 Florida. 23 May and the June time schedule, reviewing at great 23 Calvin, Giordano & Associates was awarded the 24 length and in great detail all the asset reports 24 district's engineering services contract in 2021, 25 that our engineer, Jimmy Messick, and his firm, 25 and amongst other things, one of my first major U. S . Legal Support 1 www.uslegalsupport . com 6 to 9 Flow Way CDD Meeting 16 ' 1 July 21, 2022 Page 10 Page 12 1 items that Jim asked me to prepare was my 1 numbers, the hole numbers, and we also have a 2 investigation into inventory, and report to 2 drainage map that gets more detailed with the pipe 3 support the capital improvements program today. 3 and inlets throughout the community. 4 Today my presentation will go over the steps 4 The irrigation map has the pump stations 5 that I took to investigate and provide inventory 5 located, the source pumps located, and the 6 and report for the development of the CIP. 6 irrigation main throughout the communities that 7 First, investigations had to do with permit 7 extends to all different parcels throughout the 8 research and CDD files review, asset inventory of 8 community. 9 the four main categories of assets the CDD is 9 The other two maps that we were able to 10 responsible for maintaining, and finally the 10 prepare is a preserves map, both external and 11 report preparation, asset-mapped preparation and 11 internal preserves are shown on this map, along 12 the CIP for the next five years. 12 with the project acreage, or preserves acreage, 13 First item in investigations was permit 13 and the overall ownership which really just lists 14 research. There are two main permit 14 the various tracts that there is ownership with, 15 municipalities -- permitting agencies; that's the 15 whether the HOA or the CDD claims ownership to 16 Army Corps of Engineer and South Florida Water 16 those areas. 17 Management District. 17 We then were able to, after the inventory had 18 The Army Corps of Engineers permit was pulled 18 been completed, really analyze the assets and 19 in 2012 under the name Mirosal, and South Florida 19 determine where we thought more money would be 20 Water Management District has two permits. One, 20 going into to make the improvements, to maintain 21 consumptive use permit and the other is an 21 those assets, and we prepared two reports; that 22 environmental resource permit. 22 was the Asset Replacement Cost Report and Storm 23 The environment resource permit has been 23 Water Erosion Report, and those reports really 24 modified. There's a family of 22 permits that was 24 support the capital improvements program that 25 researched that finally came to the final layout 25 we're providing you currently today. Page 11 Page 13 1 that you have today. The consumptive use permits 1 The first is the Asset Replacement Costs 2 an irrigation permit where we withdraw from the 2 Report. Really the purpose of this is to 3 lake systems for irrigations, and we're allowed a 3 establish the quantity and replacement cost used 4 certain amount of water per year, that's been 4 as a basis for the development of the CIP, and 5 modified, and there's two main permits, one's for 5 reserve study if needed by others. The total 6 the overall, and one for half parcel. 6 asset project value for the Flow Way CDD is 7 Additionally, there was a CDD permit and 7 projected at $12.2 million. 8 research that was done by a Share Point file from 8 The next report is the Storm Water Erosion 9 the previous engineer of record, or district 9 Report, and this really provides a lineal foot of 10 engineer, and asset maps that were reviewed. 10 existing lake banks that requires corrective 11 We also took a look at the plats that had 11 action to comply with the South Florida permit. 12 been developed and submitted to Collier County, 12 Erosions we've seen in the community is 13 and there is 11 plats in total, and these plats 13 primarily due to wind-generated wave action, 14 include items such as dedications of -- to the 14 seasonal water level fluctuations, park storm 15 HOA, Collier County Water Sewer District, Collier 15 disaster events, and rainwater leader surface 16 County Public utility easements and so forth. 16 point discharge. 17 The asset inventory includes the drainage 17 We've selected Geotubes as a recommended 18 system, irrigation system, entry features along 18 restoration construction method, and these costs 19 Inmokalee Boulevard, and the landscape buffers. 19 were used to prepare the CIP, and the CIP really 20 We then, after the inventory of the assets 20 establishes and prioritizes and plans funding 21 were completed, were able to put together the CDD 21 programs to improve the existing CDD 22 maps that you see along the side on these easels, 22 infrastructure. 23 and the two maps on the boards here, the lakes map 23 There's four categories in the CIP. The 24 and the irrigation maps, and if you were able to 24 storm water management system, the 25 zoom in on the lakes maps, you see the lake 25 internal/external preserves, the irrigation pump U. S . Legal Support 1 www.uslegalsupport . com 10 to 13 Flow Way CDD Meeting 16 1 1 July 21, 2022 Page 14 4 Page 16 1 station and mains, and the community entrance 1 that, and going into 2023, we know that the monies 2 along Immokalee. Along with the main worksheet at 2 that we had to maintain this system aren't clearly 3 the front of the program, there's also project 3 even close to sufficient that's necessary to 4 data sheets that supplement and explain each one 4 maintain the level of service that we're required 5 of the projects, and that really gives you the 5 for this community. 6 five Ws, who, what, when, where and why, for each 6 One of the questions that I also get on a 7 project. And with that I can turn it back to Jim. 7 regular basis is, well, the amount that you sent 8 MR. WARD: A couple of things I want to focus 8 us the letters for, or I know the other board 9 on just going forward is how we got to where we 9 members have received letters or comments about, 10 are, and then what the plan is for '23 and beyond. 10 is, well, that's not what's on our tax bill, and 11 So as the Chairman had mentioned to you, we 11 that's because your tax bill is comprised of two 12 took over this project, we being the CDD, took on 12 items. One is your general operations assessment, 13 the maintenance responsibilities of this project 13 and the other part of it is what we call a capital 14 basically in December of last year. 14 assess or debt service assessment. 15 It was a transition from essentially the 15 You have a fixed assessment that's on your 16 prior Taylor Morrison controlled, both HOA boards, 16 tax bill that was for infrastructure that was 17 and the CDD boards to resident-controlled boards, 17 constructed initially within this community, and 18 and the CDD took on the responsibility of those 18 you pay for that in a fixed amount over time, over 19 operations. 19 a 30-year basis, basically, and that included 20 That has proven to be an enormous challenge, 20 utilities and drainage systems and landscaping, 21 not only financially, but operationally, trying to 21 whatever else it may have included in the system. 22 build a budget for this CDD for the current year 22 So that is a fixed amount that's on your tax 23 that we are in. We make it work to maintain the 23 bill, and I'll show you later how that impacts 24 $13 million -- $12.2 million worth of assets that 24 you, and then the operating assessment is what we 25 we have, and keep it going and try to do as much 25 have that is on top of that. The right side of Page 15 Page 17 1 improvements as we possibly can. This slide -- or 1 the slide basically shows you what the bonds -- we 2 the next slide -- excuse me. I think it's 2 have capital bonds that are outstanding, what 3 important to recognize, Jimmy focused on numbers, 3 their terms basically are, and they are 4 but you have 190 acres of lakes in this project, 4 refinanceable after a certain amount of time, 5 19 miles of lake banks, almost 16 acres of 5 although nothing is refinanceable at this moment 6 littoral plantings, which are all the plantings 6 in time, and probably won't be for the near 7 you see around all of the lakes, 33,000 lineal 7 future, and that debt automatically transfers to 8 feet of drainage pipe in this system, and one -- 8 owners over time. 9 more than 1,000 acres of preserves within either 9 The next slide that I want to show you is 10 external or internal to the community itself. 10 just a summary of your budget. So this budget is 11 The irrigation system is a pump house with 11 broken down into basically the same parts that the 12 two pumps, which we had big problems with this 12 asset program that Jimmy had mentioned to you are. 13 year, a lake that feeds those pump and waters, and 13 They include the landscaping program, the storm 14 two recharge wells that were drilled into the 14 water, the reuse program and the landscaping 15 Lower Tamiami Aquifer that supplement the 15 program. 16 irrigation water that goes into the community, and 16 So we have a general administrator budget, 17 then a general entranceway landscaping which runs 17 which includes the administration, legal and 18 from Immokalee Road to Addison Boulevard, and 18 engineering costs of the District. Those have not 19 includes the entrance bridge pavers, all of the 19 changed much from year to year since we started 20 landscaping along that road, and your entrance 20 this district a number of years ago, but they 21 monuments. 21 remain relatively constant as we go through time. 22 So those are the major challenges and 22 The preserve program is really the 23 opportunities and components of our operational 23 maintenance of the external preserves within the 24 aspect of this budget that we have this year, and 24 community. We have a little budgeted for the 25 as I said, it's become one big challenge to handle 25 current year -- excuse me -- the fiscal year 2023 U.S . Legal Support 1 www.uslegalsupport . com 14 to 17 Flow Way CDD Meeting 16 I 1 July 21, 2022 Page 18 Page 20 1 that we are moving into. We really have -- we've 1 our existing tax bill? So this project was 2 used some of the monies from the preserve line 2 developed over a period of years, and it has 3 item to handle the regular maintenance of the 3 different debt service assessment rates as we call 4 other items that we have for the current year that 4 them. 5 we are in. 5 So those are shown on the right, depending on 6 The lake bank program, the irrigation system 6 what your product type is, and when the project 7 and the landscaping, you can see on those charts 7 was -- when your community was built, you would 8 are the real reasons for the changes. As I 8 pay anywhere from $1,200 a year up to $4,000 for 9 mentioned to you earlier, the reason for the 9 your debt service assessment; in addition to 10 changes is that we had transitioned this from a 10 what's on the tax bill for your capital 11 developer-controlled board to a 11 assessment. 12 homeowner-controlled board, and transitioned your 12 So that's the overall look at it. If you 13 homeowner's -- your homeowner's association board 13 look on your tax bill, you basically add another 14 transitioned also from developer to homeowner. 14 $800 to it, $875 to it, and that will get you what 15 As you can see what was budgeted for in the 15 your estimated amount will be going into next 16 current year that we're in, and prior years, was 16 year. 17 clearly not sufficient in order to maintain those 17 And, finally, in the notice that we sent to 18 budgets. So we've basically went from 18 you we had what we call a cap rate. A cap rate is 19 approximately a $860,000 a year budget; the budget 19 an amount of money that we, the board, can say 20 that's before the board today is $1,472,000, 20 today that if we put that in place before we do 21 includes not only the operations, but as Jimmy 21 another one of these large public hearings, we do 22 noticed -- noted to you we have done in the 22 go through regular public hearings on a yearly 23 context of this budget a five-year capital plan. 23 basis and we do notices in the newspapers, et 24 So we took the time, evaluated those assets, 24 cetera, but we don't do the mail notice piece of 25 understood where all of the problems are, didn't 25 that. This kind of setup is a little bit more Page 19 Page 21 1 load up -- did not load up the budget to fix all 1 intimate or smaller than we do here. So whatever 2 of that in year one, but handle that over a 2 goes over that number, then we have to go back and 3 five-year period, based upon the severity of the 3 do one of these large, notice mail public hearing 4 need for that asset to be repaired. Most of which 4 types of things, but it doesn't mean you are not 5 the monies you'll notice on here really is in the 5 noticed. You clearly get notice. 6 erosion restoration and drainage pipes and those 6 Our website has all of the information on it. 7 kind of things. 7 It always does. It has all of our budgets on it, 8 So those are the major components of the 8 tells our meeting notices. You may join us by 9 capital budget, which are now melded into this 9 WebEx at any time for any meeting we have, 10 operating budget. The intent, obviously, is to 10 including any one of these meetings, and they are 11 try to keep your assessment levels relatively 11 also published in the newspaper as required by 12 reasonably priced over the coming five years, with 12 law. So with that, Mr. Chairman, I will end, and 13 as minimal changes as we can effect on a 13 turn it back over to you. 14 going-forward basis. 14 CHAIRMAN STAMP: Thank you, Jim. Okay. 15 The assessment rates are shown on the 15 We'll go ahead and move to public comments and 16 existing chart. Your existing assessment is 16 questions. If anybody here has one, I would ask 17 $525.04 per year; that's what everybody pays. If 17 you to come up and address us from the podium, as 18 you looked at your tax bill they range from 18 I indicated earlier, and then after that we will 19 various numbers, but $525 is a part of your 19 move to people on the zoom. Yeah, Joe. 20 overall budget. 20 MR. STIGLIANO: Joe Stigliano, 9402 Carretto 21 The assessment is going up to $1,399.81, if 21 Drive. Couple of quick questions. One, with the 22 the board chooses to adopt that, as your Chairman 22 assessments, how do they apply to coach homes and 23 indicated, that's $875 a unit change. I have been 23 condos, which don't have the square footage of the 24 asked, and I know the board members have been 24 lot widths? 25 asked what -- how does that compare to what's on 25 CHAIRMAN STAMP: Go ahead -- well, every door U. S . Legal Support 1 www.uslegalsupport . com 18 to 21 Flow Way CDD Meeting 16 I 1 July 21, 2022 Page 221 Page 24 1 pays the same operation and maintenance. 1 does what to me. 2 MR. STIGLIANO: The chart showed by the 2 CHAIRMAN STAMP: Yeah. I'm going to ask Jim 3 square footage, some lots bigger than others. 3 to answer that. I'll make a prefatory comment. 4 CHAIRMAN STAMP: That's your -- that's your 4 Up until the turnover the CDD -- when Taylor 5 debt service. 5 Morrison controlled the CDD, had an agreement with 6 MR. STIGLIANO: So it's just by the door? 6 the HOA where they did everything -- well, almost 7 CHAIRMAN STAMP: Operation and maintenance is 7 everything. 8 by door. 8 We're in the process of untangling that. I 9 MR. STIGLIANO: And one question quick about 9 will readily agree with you a lot of it doesn't 10 the storm water action report. I'm looking 10 make any sense, but we are in the process of 11 prospectively now, because there's another issue 11 working with the HOA to develop, "this is ours, 12 coming up with flooding in Bonita and stuff. Have 12 this is yours, and let's untangle that." Jim, go 13 you made any projections on how that comes to fact 13 ahead. You want to muddle that up a little more? 14 and fruition? 14 MR. WARD: So generally speaking the 15 Have they talked this over whether that's 15 entranceway on the outside of your gate is a 16 going to affect us somehow, where that water might 16 district asset, and we maintain that, all the way 17 mitigate into our lakes and water runoffs, or is 17 down to your perimeter. 18 that for the next part of the meeting? 18 Once you get inside the gate, your lakes and 19 CHAIRMAN STAMP: No, that's a legitimate 19 the littoral shelves and the lake banks, we are 20 question for this, and the question is we're still 20 maintaining that. The preserves is the little 21 looking into it. The emergency permit has not yet 21 pocket preserves you see in the community, and the 22 been issued, but it could be issued if there was 22 big external preserve, we are maintaining that, 23 an emergency. 23 and what we call the reuse irrigation system, but 24 We are fighting that. We are advocating 24 the part of the reuse irrigation system that we 25 against doing that, and it hasn't happened yet, 25 maintain is the two wells. We have two -- excuse Page 23 Page 25 1 but we've got a lot of unanswered questions about 1 me -- the wells and two pumps, and a couple of 2 exactly what water they're going to pump down here 2 interconnecting lakes, some of which are part of 3 under what circumstances, so, Joe, I would like to 3 the water management system. The district is 4 be able to tell you I have an answer, but I don't. 4 maintaining those, and the main irrigation lawn, 5 MR. STIGLIANO: Well, I'm just asking if you 5 which is for irrigation through the roadways, the 6 have -- if you're looking at a crystal ball, but 6 district maintains those. 7 you can't see into it yet. 7 Once the -- a lateral lift comes off of that 8 CHAIRMAN STAMP: It's a very, very strong 8 main to your home, or wherever it goes, that goes 9 crystal ball. 9 probably to your homeowners association for 10 MR. STIGLIANO: I would be concerned where 10 maintenance. I don't think you all maintain that 11 the water is going and if it winds up in the lakes 11 individually, so they do that. 12 and stuff. Our lakes this time of the year get 12 I do want to point out one thing, the 13 maxed out almost, and we're not even into the 13 relationship that we have with the homeowners 14 heavy rain season, hurricane season. Thank you. 14 association is really great. We work very closely 15 CHAIRMAN STAMP: You're welcome. 15 together, so it kind of doesn't matter who you ask 16 MR. REID: Hi, I'm Frits Reid. Thank you for 16 the question to. It either gets to me, or the 17 holding the meeting; 9333 Terresina Drive, and so 17 reverse happens, I send it back to the homeowners 18 a couple questions. One, it's enlightening to me. 18 association and we all work cooperatively 19 It's confusing as to what's being done by the 19 together. 20 homeowners association and who you call. 20 Hopefully we don't push you off to one 21 In the past, I kind of assumed landscaping 21 another. We try to do it internally and work 22 and irrigation and things went to the homeowners 22 together to funnel whatever questions we get. 23 association, and I guess if you can kind of 23 MR. REID: Okay. So if there's something 24 clarify a little bit around it. A lot of it, 24 that looks like an issue on the lake, basically 25 looks like a lot of overlap to me, I mean, who 25 what I've done in the past is just call the U. S . Legal Support I www.uslegalsupport .com 22 to 25 Flow Way CDD Meeting 16 I 1 July 21, 2022 Page 26 Page 28 1 homeowners association and say, you know, there's 1 we've got a full five-year program. We knew 2 a corrugated plastic pipe floating around in the 2 trying to say, give us a million dollars on day 3 lake, and they go, well, we don't do that, and 3 one is not going to work, so we scheduled them in 4 it's sat there floating for weeks. It may have •4 the order that we knew from a priority perspective 5 sunk. I don't know what happened. 5 the most critical to the least critical. 6 MR. WARD: Sir, generally speaking if you go 6 We did them over a five-year period to make 7 to the district's website, my personal e-mail 7 that work for you. So that is -- and that's 8 address is on there, as is my cell phone number, 8 looked at constantly. So if something changes, 9 as is you can e-mail the entire board, and it 9 which it will, we can move the schedule up. We 10 comes to me and then I either respond to it or 10 can move it back. We can make changes to make 11 forward it onto to a board member. 11 that work. 12 So there is a number of ways to get to us. 12 MR. REID: I guess as a final, what prevents 13 Generally if you go to the website you should find 13 erosion in the future? I mean, is it going to be 14 all of that. 14 more than just, you know, kind of redredging stuff 15 The HOA does send me those kinds of questions 15 up? 16 all of the time and I do take care of them or 16 CHAIRMAN STAMP: Jimmy, how are we going to 17 assign people to take care of them, but you can go 17 fix this? 18 to our website and we'll help you. 18 MR. MESSICK: What we're proposing, the 19 MR. REID: Okay. Then kind of the final 19 Geotube, really has a liner that we dredge the 20 thing I would ask, so the erosion on the lakes 20 sediments that's been eroded to the lake, and 21 certainly looks like a problem. I know a year ago 21 stick it inside the Geotube, and that kind of sets 22 they came around and tried to put some -- flatten 22 the edges for the lakes, so you won't have that 23 it out and raise it up, and yet behind our house 23 constant erosion from the storm water systems. 24 there is a spots where it's like two-foot cliff 24 We're also looking at trying to remove the 25 where it's continued to erode. I guess the 25 above-ground rainwater leader discharges into the Page 27 Page 29 1 question is, and I'm sure it's part of a 1 lake. There is a specific lake, and I don't have 2 longer-term plan, but there may be some cases 2 it off the top of my head, but there is rainwater 3 where you need to you do something beforehand. 3 leaders that discharge to the ground and then it 4 How would you address that? 4 just funnels towards the lake, so we have a 5 MR. WARD: Okay. So we did two things. One 5 constant funneling, that's where you get a lot of 6 is the drain -- what we call the drainage pipe, 6 erosions and spot erosions along the edges of the 7 there's piping systems that go basically from 7 lakes. So we're trying to address those along 8 roadways to the lakes and go lake to lake, that 8 with the bank restoration. 9 kind of thing. Those were all cleaned this year. 9 MR. REID: So it seems like in addition to 10 Those were -- it was the very first thing we 10 that -- that makes sense. It seems like certain 11 did. They were 85 percent clogged when we took 11 points in the long lakes at the end where the 12 over this project. So the reality of a flooding 12 waves come in and it's from the wave action, and 13 was very, very real, so that's probably what you 13 seems like there ought to be some sort of 14 saw out in the field was all of that work going 14 landscaping or rocks or something to reduce the 15 on. 15 erosion at certain points. 16 The next part of the system is, when we 16 MR. MESSICK: We can consider the 17 looked at all of the lake restoration program, 17 landscapings. We have littoral planting, 18 which is two, three, four, five, six, seven, it's 18 renourishment really, along with the lake bank 19 about $900,000 worth to work to repair all the 19 restoration, so we can consider strategically 20 lake banks in this community that we need to 20 placing those. 21 repair. 21 Really the way that the placement is is for 22 Those were prioritized and will be dealt with 22 the benefit of the residents' view from their 23 beginning in '23, and on those lakes they're lakes 23 house, first and foremost, and we can look and see 24 11, 21 and 22 and another one. Those will be done 24 if there is a better place for that when they do 25 in '23, and then we move on to the '24, and so 25 the lake bank restoration. U.S . Legal Support 1 www.uslegalsupport . com 26 to 29 Flow Way CDD Meeting 16 1 July 21, 2022 Page 30 Page 32 1 MR. REID: Okay. Thank you. 1 about, who has the responsibility to do that so... 2 CHAIRMAN STAMP: Let me -- I want to make a 2 MR. TEPEROW: So you did answer my -- you did 3 general comment based on some issue that you 3 take my thunder away on the other one. I was 4 raised. I'm sure people are out there sitting and 4 looking at the budget and I said how much of this 5 wondering how do we go from $550 assessment to the 5 budget is the responsibility -- is Taylor 6 amount we're going to? The reason is Taylor 6 Morrison's responsibility, or in litigation, is it 7 Morrison didn't do these things. They let the 7 half of this budget, or just ballpark? I mean, if 8 lake banks go. They let pipes be clogged, let the 8 we were to win the lawsuit -- 9 pumps fail. 9 CHAIRMAN STAMP: I don't know how to answer 10 The weir, the south weir down by Immokalee, 10 that. The lake banks are 600-some thousand, but 11 we had to do an emergency repair on that, or it 11 some of that is routine maintenance, so what 12 would've probably been washed out by now. Had 12 portions they had done, the pipes, again, because 13 they been realistic about what they were supposed 13 you get into a question of what's usual wear and 14 to be doing, it would've been much higher in the 14 tear versus the condition they left them in; 15 past, and would have been cheaper had they 15 that's what makes them very difficult questions to 16 maintained it, but they didn't, and that's a big 16 answer. 17 reason for the jump here, is trying to get caught 17 There is certainly a big portion of that, and 18 up and get ahead of the curve. Any other 18 had they done realistic maintenance, we wouldn't 19 questions? 19 be where we're at. 20 MR. TEPEROW: Marty Teperow, 9433 Benvenuto 20 The district, the CDD, as well as the HOA, 21 Court. There was a comment made that the average 21 anticipate filing at some point what we in 22 annual cost of the exterior preserve maintenance 22 shorthand call a 558 lawsuit against Taylor 23 is approximately $250,000 a year. So as I look at 23 Morrison for defects and failure to maintain, and 24 the budget, it's obviously not funding that, it's 24 those haven't been done for a variety of reasons, 25 funding about $111,000; isn't that correct? 25 but are still out there in the pipeline to come, Page 31 Page 33 1 CHAIRMAN STAMP: That's correct. 1 and, you know, we'll see what the results are to 2 MR. TEPEROW: Okay. And then the other, the 2 that. So this is an ongoing -- it's not over. 3 17 and 10, but to the naked eye, to the untrained 3 Let's leave it at that. 4 eye, I look out and see a bunch of dead trees, I 4 MR. TEPEROW: Comment? 5 see a bunch of grass, lawn grass, see some live 5 CHAIRMAN STAMP: Sure. 6 trees, animals back there, I'm wondering how could 6 MR. TEPEROW: I think somebody said we have 7 it cost $250,000 to maintain the preserves? 7 $12 million worth of assets? 8 CHAIRMAN STAMP: Well, the reason it costs 8 CHAIRMAN STAMP: Yes. 9 $250,000, and it should go down, is part of it's 9 MR. TEPEROW: As I look at this five-year 10 misleading to call it, and I do it, too, call it 10 plan, it's very, very small, very, very, very 11 maintenance, because part of it was mitigation. 11 conservative. I don't know there is any risk. 12 They went in and took out the Brazilian Peppers 12 We're looking at a million one. I know you want 13 and the Mallaluca trees, and things like that. 13 more money, but is it realistic? 14 They have to have a program of making sure 14 MR. WARD: I think both -- Jimmy can answer 15 they stay out for a period of time, so it's not 15 operation. I will tell you financially it's 16 just leaving things alone and letting it go. It's 16 realistic for us to handle it this way. The 17 mitigation -- I'll say this right -- mitigation, 17 amount of work that went into identifying what 18 maintenance and monitoring. We all kind of lump 18 that number was is huge. We've spent months 19 it together and call it maintenance, which is our 19 working on this, and, Jimmy, you can answer. 20 fault for doing the shorthand. 20 MR. MESSICK: The $12 million, that's noted 21 Over time that should go down because once 21 as replacement cost, not a maintenance cost. So 22 you've got all of those things eliminated, or 22 there's no need for $12 million worth of 23 we're down to the percentages that are acceptable, 23 maintenance cost in the next 12 years. 24 that number should drop, and that's still 24 MR. TEPEROW: But this is capital, right, 25 something we're in contention with Taylor Morrison 25 this is $12 million in assets? U. S . Legal Support 1 www.uslegalsupport . com 30 to 33 Flow Way CDD Meeting 16 1 i July 21, 2022 Page 34 Page 36 1 MR. MESSICK: Yes. 1 HOA was left with a lot of expenses that were 2 MR. TEPEROW: Call that capital? 2 deferred. They collected the money, but, you 3 MR. MESSICK: Yes. 3 know, big corporation, they move it around a lot 4 MR. TEPEROW: Okay. You said we need a 4 easier than we can. 5 million one over the next five years to maintain? 5 So I would tend to think the people that have 6 MR. MESSICK: To maintain -- to bring it up 6 never been through a turnover, this may sound like 7 to code and maintain. 7 why are we charging so much money? I don't want 8 MR. TEPEROW: Okay. Last comment. I live on 8 to pay more than I have to, but you justify what 9 Benvenuto. And you had a quick discussion over 9 you're doing. I thought I would get that out, 10 here about the erosion. We have no littorals 10 because people have misnomers as to why you're 11 there. It is just completely bear. So I'm just 11 doing this. Thank you. 12 wondering are we -- do you know if Benvenuto is in 12 CHAIRMAN STAMP: Thank you. Anybody else in 13 the 2023? You had numbers. I don't know where we 13 the audience? Do we have -- Steven, we have 14 were. 14 anybody that's raised their hand on the -- 15 MR. WARD: I don't know where location is. 15 MR. MURRAY: We have three online, but none 16 We just know by numbers at the moment. Jimmy 16 have raised their hands, sir. 17 will, after the meeting, he will be more than 17 CHAIRMAN STAMP: Give them a couple seconds 18 happy to talk to you. 18 to find the button if they want to. If not, open 19 CHAIRMAN STAMP: The budget shows lake by 19 it up to the board members. I'll do the same 20 lake every year, so we can break down for you the 20 thing, take the board members that are here, if 21 numbers, but off my head, we can't bring it up. 21 they want to comment, and do the board members on 22 MR. TEPEROW: Thank you. 22 Zoom. I don't know if anybody else wants to say 23 CHAIRMAN STAMP: You're welcome. 23 anything? 24 (A court reporter interruption was had. The 24 MR. BHATLA: No. 25 proceedings continued as follows:) 25 CHAIRMAN STAMP: No? We're good. Page 35 Page 37 1 MR. STIGLIANO: 9402 Carretto Drive. 1 MR. MILLER: Mr. Chairman, this is Ron 2 CHAIRMAN STAMP: Yeah, we don't need your 2 Miller. Can you hear me? 3 address, just your name. 3 CHAIRMAN STAMP: I can hear you now. 4 MR. STIGLIANO: You know who I am and where 4 MR. MIT.T,FR: Okay. I'm glad. I don't know 5 to find me. Over the quarry they put rickrack, 5 what's going on, but I was pushed out of the 6 the rock around it, and the last hurricane tore it 6 meeting visually. I could still hear what's going 7 up, and that was a big assessment to fix that. 7 on. Apparently, you can hear me, but I can't get 8 So what I'm saying, I don't think there is 8 back in. 9 any permanent solution. Although, Wild Blue is 9 CHAIRMAN STAMP: Well, you're in. I'm going 10 putting bulkheads in literally, but that's 10 to let the board members that are on Zoom comment 11 extreme. So as a resident, I don't expect any 11 now, if they want to make any comments before we 12 permanent solution. We're going to have some 12 go to the motions. Martinn? 13 erosion. 13 MR. WINTERS: I don't have comments, other 14 The other thing, this is the second community 14 than I thought you guys did a great job. 15 that we've moved into, we've bought a house in, 15 CHAIRMAN STAMP: All right. 16 that's gone through turnover. I talk a lot to my 16 MR. WINTERS: Can you hear me? 17 friends and neighbors, and they're wondering why 17 CHAIRMAN STAMP: Yeah, we heard you. 18 are things going up, when we bought in here or 18 MR. WINTERS: Yeah. I think you guys did a 19 came here it's less? 19 great job. Thank you. 20 Well, people that haven't been through the 20 CHAIRMAN STAMP: Ron, anything? 21 turnover, you gotta realize, and I don't want to 21 MR. MILLER: No, sir. I'm good. 22 spend more than I have to, but we've had the same 22 CHAIRMAN STAMP: All right. 23 situation with Pulte in the other community. They 23 MR. MILLER: Just to say good job guys. 24 didn't maintain things. The CDD was left with an 24 CHAIRMAN STAMP: All right. So we're closing 25 infrastructure that was not taken care of. The 25 out this portion of the meeting, and we're going U.S . Legal Support 1 www.uslegalsupport . com 34 to 37 Flow Way CDD Meeting ' 6 ' 1 July 21, 2022 Page 38 Page 40 1 to take the motion to adopt the resolution, which 1 MR. WINTERS: Aye. 2 is on your agenda, Resolution 2022-04, which is 2 MR. WARD: Supervisor Miller? 3 the budget. Do I have a motion?. 3 MR. MITJ,FR: Aye. 4 MR. KLECK: So move, Tom Kleck. 4 MR. WARD: Chairman Stamp? 5 MR. BHATLA: Second. 5 CHAIRMAN STAMP: Aye. Motion carries five to 6 CHAIRMAN STAMP: Any discussion, or further 6 zero. Next is consideration of Resolution 2022-6, 7 discussion? 7 which is the cap rate, and is there any discussion 8 (No response). 8 on the cap rate? 9 CHAIRMAN STAMP: Roll call, please. 9 (No response). 10 MR. WARD: Supervisor Bhatla? 10 CHAIRMAN STAMP: I mean, I would be surprised 11 MR. BHATLA: Uh-huh. Yes. 11 if everybody understands what the cap rate is, not 12 MR. WARD: You can say no. It's up to you. 12 because it's that complicated, it's just we get so 13 All right. Supervisor Kleck? 13 used to dealing with it, we sometimes forget that 14 MR. KLECK: Aye. 14 other people aren't familiar with dealing with it. 15 MR. WARD: Supervisor Winters? 15 So just so everybody understands, the cap 16 MR. WINTERS: Yes. 16 rate is the maximum that we can assess going 17 MR. WARD: Supervisor Miller? 17 forward without going to another special hearing 18 MR. MILLER: Aye. 18 like this, which entails the mailing of notice and 19 MR. WARD: Supervisor Stamp? 19 public hearing. 20 CHAIRMAN STAMP: Aye. Motion carries five to 20 We do have about $200, round numbers, that we 21 zero. Next item will be a public hearing to 21 can go up over the next five years, gives us room 22 impose the special assessment adopted to fund the 22 for inflation, which when we started this budget 23 budget. We'll ask if Jim wants to add anything to 23 back in January, we didn't think it was going to 24 that? 24 be here, but it's here, but that is the purpose of 25 MR. WARD: I don't. 25 the cap rate. It's a protection for you that says Page 39 Page 41 1 CHAIRMAN STAMP: He does not. Again, there 1 we have to give you extraordinary notice before we 2 is a period of public comment or question. 2 violate. We can do it, we can raise it in the 3 Anything that's happened in the last two minutes 3 future, but we have to give an extraordinary 4 raised new questions or comments? This will be a 4 notice to the public, and that's the purpose of 5 time for them. 5 the cap rate. So if there's no discussion, take a 6 (No response). 6 motion on adoption of the cap rate. 7 CHAIRMAN STAMP: Okay. Hearing none. 7 MR. BHATLA: I make a motion. 8 Anything -- any board discussion? Anybody raise 8 CHAIRMAN STAMP: Been moved. 9 their hand on the Zoom calls? All right. 9 MR. KLECK: Second. 10 MR. MURRAY: No, sir. 10 CHAIRMAN STAMP: Moved and second. No 11 CHAIRMAN STAMP: It would be in order now for 11 further discussion, roll call, please? 12 consideration of Resolution 2022-5 imposing the 12 MR. WARD: Supervisor Bhatla? 13 assessment. Is there a motion? 13 MR. BHATLA: Aye. 14 MR. BHATLA: I will make a motion. 14 MR. WARD: Supervisor Kleck? 15 CHAIRMAN STAMP: Moved. 15 MR. KLECK: Aye. 16 MR. KLECK: Second. 16 MR. WARD: Supervisor Winters? 17 CHAIRMAN STAMP: Moved and seconded. Any 17 MR. WINTERS: Aye. 18 discussion? 18 MR. WARD: Supervisor Miller? 19 (No response). 19 MR. MIT,T,PR: Aye. 20 CHAIRMAN STAMP: Roll call, please. 20 MR. WARD: Chairman Stamp? 21 MR. WARD: Supervisor Bhatla? 21 CHAIRMAN STAMP: Aye. Motion carries five to 22 MR. BHATLA: Yes. 22 zero. Are there any public comments on any 23 MR. WARD: Supervisor Kleck? 23 non-agenda item? This is an opportunity to get up 24 MR. KLECK: Yes. 24 and address the board, ask a question or make a 25 MR. WARD: Supervisor Winters? 25 comment. We allow three minutes to do that. If U. S . Legal Support 1 www.uslegalsupport . com 38 to 41 C Flow)ul Way 21,DD 2022 Meeting b I is 4 y Page 42 Page 44 1 there's something that comes up on the agenda you 1 then lowered his hand, so I'm not sure if he wants 2 want to get my attention, we'll let you address it 2 to speak or not. David, you're unmuted. 3 then, and as always, at the end of the meeting if 3 MR. BOGUALAWSKI: Okay. Thanks. Yeah, Dave 4 you decide there is something you do want to say. 4 Bogualawski. I was just practicing raising my 5 We'll give you another opportunity to do that at 5 hand, Zack. I wanted to see how it works. But I 6 that time. 6 also want to say, I think with respect to the 7 (No response). 7 budget, the purpose of it, I have a comment and 8 CHAIRMAN STAMP: Seeing nothing, let's go on 8 question. 9 -- oh, yes. Go ahead. 9 I think Marty's comment about littorals, and 10 MR. FERRANTI: Al Ferranti, Galleon Terrace. 10 probably Frits' as well, is probably where you're 11 Maybe the question is for our engineer. Are our 11 going to find some people wanting more to be done 12 lakes sufficient enough to handle any floodings, 12 over time to improve the look of the place. 13 any hurricanes? I was here during Irma, and I 13 It's not just lake bank erosion, but it's 14 notice if you walked on the path, we have the 14 also plants, and if you feel that pressure, or we 15 spillways that go out to Immokalee. Going forward 15 feel that pressure, is there a way to do it within 16 with the work that's already been done, will our 16 this budget, or the cap rate that you guys have 17 lakes handle the water that could be coming our 17 set? 18 way with any tropical storms and hurricanes? 18 CHAIRMAN STAMP: I mean, my initial comment, 19 MR. MESSICK: The lakes, when they are 19 and then I'll ask Jim and Jimmy to respond is, 20 permitted through the South Florida Water 20 it's obvious a question of degree. We've got a 21 Management District, they have modelling that's 21 couple hundred more we could go up for fiscal year 22 required and stage storage that identifies at a 22 2024. I don't know what that gets us, in terms of 23 minimum the finished floor elevations of all the 23 what the demand is going to be. 24 residents; within the permit it can handle above 24 Can we solve everybody's wish list? I'm sure 25 the 100 year, three-day storm event. The criteria 25 the answer to that is an absolute no, and we're -- Page 43 Page 45 1 that's set by the state is that the houses are 1 we don't know where the lawsuits are going to come 2 above that storm water level. Now, there's also 2 out. We don't know what -- we don't also know 3 other criteria whether or not you're in a 3 what other surprises we're going to get. 4 floodplain, which I don't believe this was in a 4 For the audience, we've had two pumps fail 5 floodplain and didn't have that criteria to meet. 5 that apparently -- within the first few months of 6 So it can handle 100 year, three-day storm event. 6 us taking over -- that apparently Taylor Morrison 7 Now, if there is a storm event like Houston, 7 had never done any maintenance on at all. So who 8 a 500-year storm event and the Flow Way is already 8 knows what rock we're going to turn over, what's 9 saturated, there is no guarantee; that's when we 9 going to run out from under it. 10 will have to take a look at insurance and stuff 10 So, Dave, I can't answer your question. 11 like that. 11 We've got some room. We can certainly go in 2024, 12 MR. FERRANTI: Is the city or the county 12 if we thought we had the pressure to take it up 13 doing any improvements along Immokalee with the 13 roughly $200, but then we're at the cap rate 14 system that, I guess, goes out to the Gulf? 14 again. So, we're going to have to wait and see. 15 MR. MESSICK: Well, they are always 15 MR. BOGUALAWSKI: I just would like to make 16 maintaining the system continuously. I'm not 16 one last comment. You're fielding the same calls 17 aware of any future improvements they're doing 17 probably more than I am, but one of the 18 along Immokalee, but certainly we are in contact 18 discussions I've had with a couple members is the 19 with the county. If there are any, they'll 19 fact the CDD apparently right now does not have 20 notice, give us notice, and we'll be made aware of 20 any reserve funding. 21 those improvements. 21 So when something breaks, like a pump, 22 CHAIRMAN STAMP: Thank you, Al. We have 22 there's no kitty to go to. You're basically 23 somebody that's raised their hand on the Zoom 23 moving the money around to fund the most -- the 24 call. 24 highest priority items. Any -- any thoughts going 25 MR. MURRAY: We have a David Bogualawski. He 25 forward on creating a reserve funding? U.S . Legal Support 1 www.uslegalsupport . com 42 to 45 V Flow Way CDD Meeting 6 ' 1 July 21, 2022 Page 46 Page 48 1 CHAIRMAN STAMP: Well, the budget that we 1 MR. BHATLA: Yes. 2 just adopted and funded does have a reserve fund, 2 MR. WARD: Supervisor Kleck? 3 the beginning of a reserve fund, but we're not 3 MR. KLECK: Aye. 4 even back to where we really need to be; that's 4 MR. WARD: Supervisor Winters? 5 what allowed us to do the emergency repairs like 5 MR. WINTERS: Aye. 6 the lake banks and pipes and the weirs this last 6 MR. WARD: Supervisor Miller? 7 time. 7 MR. MILLER: Aye. 8 You're absolutely correct. We've effectively 8 MR. WARD: Chairman Stamp? 9 wiped it out, so if it happens in the next three 9 CHAIRMAN STAMP: Aye. Minutes are approved 10 months, we could be in trouble. If it happens 10 as presented. Next item is Resolution 2022-7, 11 after October 1st, we might not be in quite as 11 which sets the meeting dates for the regular 12 much trouble, but might be in trouble. 12 meeting for the upcoming fiscal year, which starts 13 MR. WARD: A little less. 13 October 1st. 14 CHAIRMAN STAMP: A little less trouble. Keep 14 It's in the board packet. It will stay on 15 in mind, these tax bills go out in November. Some 15 the third Thursday of every month at 1:00 here at 16 people pay them right away to get the discount, 16 the culinary center. I know there's a little 17 others people don't. So that money will start 17 confusion. We moved this to 4:00 thinking we 18 flowing into the district November, December, 18 might get better attendance. I don't know if we 19 January, and we will start, obviously, spending 19 did or not. The usual attendance is about four 20 some of it on these projects that we just approved 20 people, so I guess we got more than four. 21 in the budget. 21 I don't know if it was because of the special 22 We will, obviously, start putting some back 22 assessment or it would've got more if we left it 23 for the reserve, because you're absolutely right. 23 at 1:00; that's the reason we moved it to 4:00, to 24 We do not have an adequate reserve right now. 24 try to make it more available to people. So, 25 We're kind of standing here naked. I know that's 25 anyway, resolution, motion to adopt. Page 47 Page 49 1 not a wonderful thought for some people. It may 1 MR. BHATLA: Make a vote. 2 show you the depth of our problem. 2 CHAIRMAN STAMP: Moved. 3 MR. BOGUALAWSKI: Thank you. All set. 3 MR. KLECK: Second it. 4 CHAIRMAN STAMP: Okay. Anything else? 4 MR. MILLER: Second. 5 (No response). 5 CHAIRMAN STAMP: Seconded. Any discussion? 6 CHAIRMAN STAMP: All right. Close public 6 (No response). 7 comments. We will come back to them, and I don't 7 CHAIRMAN STAMP: If not, roll call, please. 8 think we probably need a break. We got through 8 MR. WARD: Supervisor Bhatla? 9 the budget faster than I thought we would. 9 MR. BHATLA: Yes. 10 The next item for consideration is the 10 MR. WARD: Supervisor Kleck? 11 minutes. We've got two sets of minutes here. 11 MR. KLECK: Aye. 12 We've got the minutes of the April 16th, 2022 12 MR. WARD: Supervisor Winters? 13 regular meeting, and, with that, if there's no 13 MR. WINTERS: Aye. 14 objection, I'll also include the special, the 14 MR. WARD: Supervisor Miller? 15 continuation of the regular meeting on June 22nd, 15 MR. MILLER: Aye. 16 and any additions or corrections to either of 16 MR. WARD: Chairman Stamp? 17 those? 17 CHAIRMAN STAMP: Aye. Resolution is adopted 18 (No response). 18 five to nothing. Next item will be staff items. 19 CHAIRMAN STAMP: If not, I'll take a motion 19 District Attorney Greg Woods is with us and he 20 to approve as presented. 20 will walk us through his agenda, which you should 21 MR. KLECK: So moved. 21 have in front of you as well. 22 MR. BHATLA: Second it. 22 MR. WOODS: Good afternoon. Greg woods. I'm 23 CHAIRMAN STAMP: Been moved and seconded. 23 sure most of you are aware of the City of Bonita 24 Roll call, please. 24 Springs is seeking an approval of an operation 25 MR. WARD: Supervisor Bhatla? 25 plan for emergency pumps. Just in case you U. S . Legal Support 1 www.uslegalsupport . com 46 to 49 Flow Way CDD Meeting 16 t 1 July 21, 2022 Page 50 Page 52 1 haven't heard of it, I will give you a brief 1 and what it's going to do to the preserves and the 2 overview. They're seeking to -- the City of 2 wildlife. Who is going to pay for cleanup? Who 3 Bonita Springs has areas that flood. Their 3 is going to handle the cleanup? What's the timing 4 infrastructure is not adequate to get rid of the 4 of the cleanup? 5 water. 5 These all are issues we've raised with the 6 So they have asked the South Florida Water 6 South Florida Water Management District in a 7 Management District to give them the ability to 7 letter I sent on July 1st of this year. There's 8 pump water into Collier County, and more 8 also -- there is a kind of an advisory board that 9 specifically into the preserves adjacent to 9 sits under this. It's the Big Cypress Basin 10 Esplanade. So, obviously, an issue of concern for 10 Board. 11 us, and we are paying particular attention to 11 They also -- they have kind of preliminarily 12 this. 12 addressed this plan issue. They were going to put 13 The Collier County -- we worked with the 13 it on the agenda, and then they did not; pulled it 14 Collier County Attorney's Office. They are aware 14 off of the agenda. 15 of the issue. Actually, the city -- the county 15 Mr. Stamp and some others attended their 16 commissioner for North Collier, Andy Solis, is on 16 meeting. The Conservancy, a lot of environmental 17 the issue. 17 groups are very interested in this issue even 18 He has been pushing the county to make sure 18 before us. So we have a lot of support within the 19 they stay on top of this, because, obviously, you 19 environmental groups for taking -- you know, 20 know, with this kind of a plan, we do not want 20 including anything happening without proper 21 this water coming into the preserves when you 21 analysis and studies and answers to what's going 22 don't know the quantity, the quality of the water. 22 to happen. So great deal of support. 23 There has been no environmental studies to 23 Those groups also showed up at the Big 24 assess the quality of the water that will be 24 Cypress Basin. Mr. Stamp made some very good 25 pumped into the area, and we don't know the 25 remarks on our behalf. So we're waiting for it to Page 51 Page 53 1 overall effects as the water moves down. It has 1 come back on the agenda at the Big Cypress Basin, 2 to move down to the Gulf, and it would effect 2 and then we will make a presentation. The 3 other areas of Collier County as well. 3 district engineer will participate in that. We 4 The City of Bonita Springs withdrew their 4 will make a presentation to that board. 5 plan from consideration, because they knew there 5 Again, they don't make the decision. South 6 was kind of an uproar of all of this, and they're 6 Florida Water Management makes the decision, but I 7 continuing to work on it. 7 would hope they would take the input of their 8 We have a bit of a concern, because even this 8 advisory board relative to those points. So 9 new plan has not been approved. There was a prior 9 that's kind of where that stands generally. 10 plan that's kind of still in place, and they 10 Everybody is keeping a close eye on it, because, 11 could, theoretically, if a storm came, they could 11 obviously, it's a matter of concern to the 12 apply to South Florida Water Management District 12 community. 13 for an emergency permit, and because of an 13 CHAIRMAN STAMP: Greg, let me just jump in. 14 emergency, South Florida Water Management District 14 The next Big Cypress meeting is August 25th. We 15 may issue it, like, right then and there. We 15 do not know if it will be on the agenda. The 16 would have no notice or ability to deal with that 16 chairperson, chairwoman, indicated they might get 17 at the time. 17 an update, whatever that means. 18 Now, obviously, that's an area of concern, 18 So we'll be watching. If it is on agenda, we 19 and I will say this is a situation -- they've only 19 will certainly be there to participate and make 20 used the pumps twice and since. The City of 20 the community aware of it. We just can't answer 21 Bonita Springs has pumped in 1995, and they pumped 21 that question right now. 22 in 2018. So there have been storms that came 22 MR. WOODS: We would also encourage the 23 through where they didn't pump, so that's somewhat 23 residents, if and when it gets on the agenda, a 24 good news. Obviously, we're still concerned about 24 resident turnout also helps. These boards and 25 a big storm now, and pumping the preserves now, 25 bodies are all political. If you get a good U. S . Legal Support 1 www.uslegalsupport . com 50 to 53 Flow Way CDD Meeting 16 ' 1. July 21, 2022 Page 54 Page 56 1 resident turnout and express your concern as well, 1 are pursuing against Taylor Morrison. 2 I think that assists in the cause. So anybody 2 CHAIRMAN STAMP: Questions from the board? 3 interested in the subject and friends and 3 Anything, Martin, Ron? 4 neighbors, come on out if this stuff gets on the 4 MR. MILLER: I'm good. 5 agenda. We encourage that. 5 MR. WINTERS: No questions. 6 The next item I have is the arbitration 6 CHAIRMAN STAMP: Okay. 7 award. On June 10th the arbitrator entered a 7 MR. STIGLIANO: Can we get questions? 8 nonbinding arbitration award in the lawsuit. 8 CHAIRMAN STAMP: Joe? 9 Essentially, all the parties had 20 days from that 9 MR. STIGLIANO: Question? 10 date to file a motion for trial. No party did so. 10 CHAIRMAN STAMP: As long as it's on this 11 So the arbitration award becomes final, and 11 topic. 12 is final as between Taylor Morrison and the CDD. 12 MR. STIGLIANO: Yes. I want to thank Greg 13 There is an issue in the 20-day period. The judge 13 for his presentation. It's really an interesting 14 heard the former director's motion for summary 14 situation, because as he said, they can declare a 15 judgment, and she granted that motion for summary 15 health emergency and throw the switch. When they 16 judgment. 16 pumped in the past, you mentioned they pumped 17 So the former directors are contending that 17 twice in the past. Did they pump the water into 18 they weren't a part of that award. They're 18 the woodland slough at that time? 19 seeking a judgment of the motion for summary 19 MR. WOODS: Actually, that would be a 20 judgment. We contend if they wanted to do that, 20 question for the engineer. 21 in order to get a final judgment, they had to also 21 MR. MESSICK: When I spoke with the district 22 file for a motion for new trial or trial de novo, 22 about past storm events, he mentioned that they 23 and they didn't do that. 23 didn't pump into our preserves, but those are -- 24 So we filled a motion with the judge to adopt 24 those are storms which they would have been able 25 the arbitration award, and those are issues before 25 to pump. The level, the amount of water that they Page 55 Page 57 1 the judge. We have a lot of follow-up kind of 1 received in Bonita Springs was an event high 2 strategy issues in that regard that I can't talk 2 enough where they would have pumped, but they did 3 about with you, because it would be a waiver of 3 not. 4 the attorney-client privilege, and you don't want 4 MR. STIGLIANO: That was a number of years 5 to talk a litigation strategy in an open forum and 5 ago. Looking at what's going on in the Bonita 6 do it the record. 6 side, they've gotten state money for some very 7 There are some other actions that we intend 7 high output pumps. This is big equipment, not 8 to take that would further some of the positions 8 something you're going to get from a rental place. 9 we had in the litigation. I don't know -- I 9 As you go forward in your discussions, this 10 prefer not to go into those, just, again, it's a 10 is really, when you have a situation where there's 11 strategy thing, and we want to take advantage of 11 a practical solution, and, obviously, a political 12 our positions while we can without getting 12 solution, unfortunately, it's the political 13 opposition ahead of time from Taylor Morrison. 13 solution we need to resolve first. 14 One of the other items that we will be doing, 14 Bonita got money from the state to buy pumps. 15 Mr. Stamp, I think mentioned it, we will be filing 15 In one of the documents, they cc'd to the state 16 a complaint for our construction defect claims 16 representative. Have we been in touch with our 17 against Taylor Morrison, and so that is pending. 17 state representative? I would suggest we reach 18 Those will be coming up. I suspect that we'll 18 out into the political structure. 19 file those in the Fall. 19 I don't want to sound like Machiavelli, but 20 We'd like to file those in a coordinated 20 just so we have a discussion on the practical end, 21 effort with the HOA. The HOA will be bringing 21 I would reach out to our state representative. 22 fairly significant construction defect claims 22 They cc'd -- I've been watching what's going on. 23 against Taylor Morrison. So we want to join them, 23 They cc'd their documents to Adam. He was the 24 coordinate our efforts in that litigation when 24 first person, their state representative. 25 it's filed as well. So that's another avenue we 25 Unfortunately, we are going through U. S . Legal Support 1 www.uslegalsupport . com 54 to 57 Flow Way CDD Meeting July 21, 2022 16 k Page 58 Page 60 1 redistricting. I'm not sure who is going to be 1 covered by Greg Woods. I don't think I need to 2 our state representative when we vote on election 2 reiterate the things he mentioned, or the items he 3 day. 3 discussed. 4 Two other comments. One, I've had some 4 The only other thing I wanted to mention was 5 experience in the public sector. Looking at 5 the preserve tree removal. I have a landscaping 6 what's going on in Bonita and our response, this 6 architect arborist by the name of Mike O'Connor 7 is very specific, but it's the most ambiguous 7 here. He has been working with contractors to 8 situation. 8 follow-up with the first phase of tree removal in 9 They are literally going to flush their 9 the immediate adjacent preserve areas, and that 10 toilet on our side of the fence and they set it up 10 work plans to be completed by the end of the month 11 so if somebody sees an alligator on Bonita Beach 11 in 2022. 12 Road, that's a health emergency and they're going 12 CHAIRMAN STAMP: And just to piggyback off of 13 to throw the switch. 13 what he said, if you've got a comment, I'll take 14 Jim, as you're involved with them, there is a 14 it. Marty talked about, we can't cut down every 15 way of bypassing. According to Bonita's 15 dead tree. They have to present some kind of a 16 documents, the pumps are going to be right on 16 risk to people and/or property. It costs us. 17 Bonita Beach Road and Logan. All right? Woodland 17 There is a whole process. We have to get 18 slough runs along Logan. 18 permits. You and I can go out with a chain saw 19 Why not suggesting to Logan right away they 19 and take care of it in an afternoon. It's $25 a 20 put piping, and 99 percent of that piping is going 20 tree permits. They have to get them approved. 21 to be above ground. The only place you have 21 It's not that easy. I wish it was. 22 that's a problem is going to be the one community 22 Like I said, you prioritized 30-some trees in 23 where the entrance is on Logan. 23 three categories, depending on how much of a 24 Other than that, I would throw that out to 24 danger they are. Most of the trees you see are 25 give some cover to the politicals, too, on this. 25 going to fall over, and that's what it's all • Page 59 Page 61 1 There is a solution, and that will -- of course, 1 about. Do you have anything? 2 it doesn't address what the real problem is, when 2 MR. REID: I think you just answered it. I 3 it goes down Collier, Imnokalee Road, are they 3 guess the question was it dead trees or was it -- 4 going to be able to handle it, but that's not our 4 CHAIRMAN STAMP: Oh, your name again for the 5 problem. 5 record. 6 If we take a position we're going to dig in 6 MR. REID: Oh, right, Reid. Yes, was it 7 and say it's either our way, or we don't have 7 invasive trees or -- 8 response to this, if this ends up in the courts or 8 MR. MESSICK: No, just dead trees that pose a 9 ends up with the boards, governing boards, they 9 hazard to the community. 10 are more political than they are practical on this 10 MR. REID: So dead trees that don't pose a 11 stuff. 11 hazard left to -- 12 They say they're practical, but they're not. 12 MR. MESSICK: Yeah. 13 We should expand a little into the political end 13 CHAIRMAN STAMP: If they're invasive we can 14 of this. We're matching them gun for gun here, 14 take them out, that's part of the maintenance -- 15 that was my comment on that. Thank you. 15 mitigation, maintenance and monitoring program. 16 CHAIRMAN STAMP: Thank you. I know we copied 16 They're fair game, no matter what. Now we are to 17 the commissioner. I don't know if we copied the 17 the District Manager. 18 state rep or not? 18 MR. WARD: I have nothing for you, 19 MR. WOODS: That's actually a very good idea. 19 Mr. Chairman. 20 CHAIRMAN STAMP: Okay. District engineer 20 CHAIRMAN STAMP: Okay. Any final comments 21 report. 21 from the audience? Questions from the audience? 22 MR. MESSICK: Yeah. I had several items in 22 (No response). 23 my report, too, I was going to speak on. One of 23 MR. MURRAY. No hands raised, sir. 24 the two I was going to speak on was the Bonita 24 CHAIRMAN STAMP: No hands raised. I thank 25 Springs Floodwater Diversion Plan, which has been 25 you. This is by far the biggest meeting we had as U.S . Legal Support 1 www.uslegalsupport . com 58 to 61 Flow Way CDD Meeting 16 1 July 21, 2022 Page 62 1 far as attendance. I appreciate you coming out, 2 and we'll be around a little bit. If you've got a 3 specific question, we can try to address those, or 4 at least help get to the answer with you. If 5 nothing else, I'll take motion to adjourn. 6 MR. KLECK: So moved. 7 CHAIRMAN STAMP: Is there a second? 8 MR. BHATLA: Second. 9 CHAIRMAN STAMP: All in favor? Aye. 10 MR. BHATLA: Aye. 11 MR. KLECK: Aye. 12 MR. WINTERS: Aye. 13 MR. MILLER: Aye. 14 CHAIRMAN STAMP: Opposed? 15 (No response.) 16 CHAIRMAN STAMP: Meeting is adjourned. Thank 17 you. 18 19 + + . . : + 20 There being no further business for the good 21 of the District, the meeting was adjourned by order of 22 the Chair at 5:13 p.m. 23 24 25 Page 63 1 CERTIFICATE 2 3 STATE OF FLORIDA ) 4 COUNTY OF LEE 5 6 I, JANICE R. MALINE, Court Reporter and 7 Notary Public in and for the State of Florida at large, 8 do hereby certify that, pursuant to notice of the 9 meeting in the above-titled cause, the foregoing 10 proceedings were reduced to print by means of 11 computer-assisted transcription under my personal 12 supervision, and that the said transcription 13 constitutes a true record of the proceedings. 14 I further certify that said proceedings were 15 taken at the time and place specified hereinabove and 16 that I am neither of counsel, nor solicitor to either 17 party in said suit, nor interested in the event of the 18 cause. 19 WITNESS my hand and official seal in the 20 County of Lee, State of Florida, this 15th day of 21 August, 2022. 22 23 /01444 r/•!�jH/•�i� 24 JANICE R. MALINE 25 Notary Public, State of Florida U.S . Legal Support 1 www.uslegalsupport . com 62 to 63 Flow Way CDD Meeting 16 I 1 July 21, 2022 1, 000 2022-5 $ 15 : 9 39 : 12 5 10 2022-6 $1,200 31 : 3 40 : 6 500-year 20 : 8 100 2022-7 43 : 8 $1, 399 . 81 42 : 25 43 : 6 48 : 10 520-page 19 : 21 10th 2023 2 : 25 $1,472, 000 54 : 7 16 : 1 17 : 25 558 18 : 20 11 34 : 13 32 : 22 $111, 000 11 : 13 27 : 24 2024 30 : 25 12 44 : 22 45 : 11 $12 33 : 23 21 6 33 : 7, 20 , 22 , 16 27 : 24 600-some 25 15 : 5 21st 32 : 10 $12 . 2 16th 2 : 3 13 : 7 14 : 24 47 : 12 22 $13 17 10 : 24 27 : 24 8 14 : 24 31 : 3 22nd $200 19 47 : 15 85 27 : 11 40 : 20 45 : 13 15 : 5 23 $25 190 14 : 10 27 : 23 , 60 : 19 15 : 4 25 9 $250, 000 1995 24 9333 30 : 23 31 : 7 , 9 51 : 21 27 : 25 $4, 000 1: 00 25th 23 : 17 20 : 8 48 : 15 , 23 53 : 14 9402 $525 1st 21 : 20 35 : 1 19 : 19 7 : 15 46 : 11 9433 3 30 : 20 $525 . 04 48 : 13 52 : 7 19 : 17 30-some 99 $550 2 60 : 22 58 : 20 30 : 5 30-year $800 20 16 : 19 A 20 : 14 54 : 9 30th $860, 000 20-day 7 : 7 ability 18 : 19 54 : 13 33 , 000 50 : 7 51 : 16 $875 2012 15 : 7 able 4 :4 11 : 21, 24 3 : 1 , 2 5 : 15 10 : 19 12 : 9, 17 23 :4 19 : 23 20 : 14 2018 4 56 : 24 59 : 4 $900, 000 51 : 22 above 27 : 19 2021 4 : 00 42 : 24 43 : 2 9 : 24 48 : 17 , 23 58 : 21 1 2022 above-ground 47 : 12 60 : 11 28 : 25 1 2022-04 absolute 7 : 6 38 : 2 44 : 25 U.S . Legal Support 1 www.uslegalsupport .com 1 1611 Flow Way CDD Meeting July 21, 2022 absolutely adopted ambiguous apply 46 : 8 , 23 38 : 22 46 : 2 58 : 7 21 : 22 51 : 12 acceptable 49 : 17 amended appropriate 31 : 23 adoption 4 : 7 9 : 9 acreage 41 : 6 amendments approval 12 : 12 advantage 4 : 12 8 : 4 49 : 24 acres 55 : 11 amount approve 15 : 4 , 5, 9 advisory 11 : 4 16 : 7 , 47 : 20 action 52 : 8 53 : 8 18 , 22 17 : 4 approved 13 : 11, 13 advocate 20 : 15 , 19 8 : 2 46 : 20 22 : 10 29 : 12 5 : 17 30 : 6 33 : 17 48 : 9 51 : 9 actions advocating 56 : 25 60 : 20 55 : 7 22 : 24 analysis approximately Adam affect 52 : 21 18 : 19 30 : 23 57 : 23 22 : 16 analyze April add afternoon 12 : 18 4 : 6 7 : 22 20 : 13 38 : 23 9 : 19 49 : 22 and/or 47 : 12 Addison 60 : 19 60 : 16 Aquifer 15 : 18 agencies Andy 15 : 15 addition 10 : 15 50 : 16 arbitration 20 : 9 29 : 9 agenda animals 54 : 6 , 8 , 11 , 25 Additionally 2 : 19 , 21 , 25 31 : 6 arbitrator 11 : 7 5 : 24 6 : 6 , 10 , annual 54 : 7 additions 15 8 : 18 38 : 2 30 : 22 arborist 47 : 16 42 : 1 49 : 20 answer 60 : 6 address 52 : 13 , 14 4 : 25 9 : 3 , 5 architect 6 : 13 21 : 17 53 : 1, 15 , 18 , 23 : 4 24 : 3 60 : 6 26 : 8 27 : 4 23 54 : 5 32 : 2 , 9, 16 area 29 : 7 35 : 3 ago 33 : 14 , 19 50 : 25 51 : 18 41 : 24 42 : 2 3 : 16 8 : 14 44 : 25 45 : 10 areas 59 : 2 17 : 20 26 : 21 53 : 20 12 : 16 50 : 3 addressed 57 : 5 answers 51 : 3 60 : 9 52 : 12 agree 52 : 21 Army adequate 24 : 9 anticipate 10 : 16 , 18 46 : 24 50 : 4 agreement 32 : 21 around adequately 24 : 5 anybody 15 : 7 23 : 24 3 : 23 ahead 5 : 16 6 : 9 26 : 2 , 22 35 : 6 adjacent 21 : 15 , 25 21 : 16 36 : 12 , 36 : 3 45 : 23 50 : 9 60 : 9 24 : 13 30 : 18 14 , 22 39 : 8 asked administratio 42 : 9 55 : 13 54 : 2 2 : 24 7 : 2 n alligator apologize 10 : 1 19 : 24 , 17 : 17 58 : 11 8 : 12 25 50 : 6 administrator allow apparently asking 4 : 17 17 : 16 6 : 11 41 : 25 37 : 7 45 : 5 , 6 , 3 : 5 23 : 5 adopt allowed 19 aspect 19 : 22 38 : 1 4 : 13 11 : 3 appeared 15 : 24 48 : 25 54 : 24 46 : 5 3 : 24 U.S . Legal Support 1 www.uslegalsupport .com 2 Flow Way CDD Meeting 1 6 ' 1 July 21, 2022 assess Attorney ball Benvenuto 16 : 14 40 : 16 49 : 19 23 : 6 , 9 30 : 20 34 : 9 , 50 : 24 Attorney' s ballpark 12 assessment 50 : 14 32 : 7 better 3 : 2 5 : 7 7 : 16 attorney- bank 29 : 24 48 : 18 8 : 15 16 : 12 , client 18 : 6 29 : 8 , Bhatla 14 , 15, 24 55 : 4 18 , 25 44 : 13 2 : 6 , 7 36 : 24 19 : 11, 15, 16, audience banks 38 : 5, 10 , 11 21 20 : 3 , 9 , 11 9 : 12 36 : 13 13 : 10 15 : 5 39 : 14 , 21, 22 30 : 5 35 : 7 45 : 4 24 : 19 27 : 20 41 : 7, 12 , 13 38 : 22 39 : 13 August 30 : 8 32 : 10 47 : 22 , 25 48 : 22 7 : 10 53 : 14 46 : 6 48 : 1 49 : 1, 8 , assessments automatically based 9 21 : 22 17 : 7 19 : 3 30 : 3 big asset available bashful 15 : 12 , 25 7 : 24 10 : 8 48 : 24 8 : 22 24 : 22 30 : 16 11 : 10 , 17 avenue basically 32 : 17 35 : 7 12 : 22 13 : 1, 6 55 : 25 8 : 4 14 : 14 36 : 3 51 : 25 17 : 12 19 : 4 16 : 19 17 : 1, 52 : 9 , 23 24 : 16 average53 : 1, 14 57 : 7 30 : 21 3 , 11 18 : 18 asset-mapped award 20 : 13 25 : 24 bigger 10 : 11 27 : 7 45 : 22 22 : 3 assets 54 : 7 , 8 , 11 , 18 , 25 Basin bill 3 : 21 10 : 9 awarded 52 : 9, 24 53 : 1 16 : 10 , 11, 16, 11 : 20 12 : 18 , basis 23 19 : 18 21 14 : 24 9 ' 23 20 : 1, 10 , 13 aware 6 : 7 13 : 4 18 : 24 33 : 7, 16 : 7 , 19 bills 25 43 : 17 , 20 7 : 17 8 : 16 49 : 23 50 : 14 19 : 14 20 : 23 assign 46 : 15 9 : 9 26 : 17 53 : 20 Aye 58 : 11, 17 bit assists bear 8 : 11 20 : 25 54 : 2 38 : 14 , 18 , 20 23 : 24 51 : 8 40 : 1, 3 , 5 34 : 11 Associates 41 : 13 , 15, 17, began Blue 8 : 1 9 : 23 19, 21 48 : 3 , 4 : 2 7 : 19, 22 35 : 9 association 5 , 7 , 9 49 : 11, begin board 18 : 13 23 : 20 , 13 , 15 , 17 6 : 20 3 : 14 4 : 5 , 9, 23 25 : 9 , 14 , beginning 22 5 : 21 6 : 23 18 26 : 1 27 : 23 46 : 3 7 : 21 8 : 2 assumed B behalf 16 : 8 18 : 11, 23 : 21 12 , 13 , 20 attendance back 52 : 25 19 : 22 , 24 48 : 18 , 19 4 : 3 14 : 7 behind 20 : 19 26 : 9 , 21 : 2 , 13 26 : 23 attended 11 36 : 19, 20 , 25 : 17 28 : 10 believe 21 37 : 10 52 : 15 31 : 6 37 : 8 43 : 4 attention 39 : 8 41 : 24 40 : 23 46 : 4 , benefit 48 : 14 52 : 8 , 42 : 2 50 : 11 22 47 : 7 53 : 1 29 : 22 10 53 :4 , 8 56 : 2 U.S . Legal Support I www.uslegalsupport . com 3 Flow Way CDD Meeting 1 6 I 1. July 21, 2022 Board' s 16 18 : 19 , 23 cap certainly 3 : 18 19 : 1, 9, 10 , 20 20 : 18 40 : 7, 5 : 11 26 : 21 boards 30 : 24 32 : 4 , 8 , 11, 15 , 25 32 : 17 43 : 18 11 : 23 14 : 16 , 5 , 7 34 : 19 41 : 5, 6 44 : 16 45 : 11 53 : 19 17 53 : 24 38 : 3 , 23 45 : 13 cetera 59 : 9 40 : 22 44 : 7, capital 20 : 24 bodies 16 46 : 1, 21 10 : 3 12 : 24 chain 53 : 25 47 : 9 16 : 13 17 : 2 60 : 18 Bogualawski budgeted 18 : 23 19 : 9 Chair 43 : 25 44 : 3 , 4 17 : 24 18 : 15 20 : 10 33 : 24 6 : 21 9 : 8 45 : 15 47 : 3 budgets 34 : 2 Chairman bonds 18 : 18 21 : 7 care 2 : 2 , 15 6 : 18 17 : 1, 2 buffers 26 : 16 , 17 8 : 20 14 : 11 Bonita 11 : 19 35 : 25 60 : 19 19 : 22 21 : 12 , 22 : 12 49 : 23 build Carretto 14 , 25 22 : 4 , 50 : 3 51 :4 , 21 14 : 22 21 : 20 35 : 1 7 , 19 23 : 8 , 15 57 : 1, 5 , 14 built carries 24 : 2 28 : 16 58 : 6 , 11, 17 20 : 7 38 : 20 40 : 5 30 : 2 31 : 1 , 8 59 : 24 bulkheads 41 : 21 32 : 9 33 : 5 , 8 Bonita ' s 35 : 10 case 34 : 19 , 23 58 : 15 bunch 49 : 25 35 : 2 36 : 12 , bought 31 : 4 , 5 cases 17, 25 37 : 1, 35 : 15 , 18 button 27 : 2 3 , 9 , 15, 17 , Boulevard 36 : 18 categories 20 , 22 , 24 11 : 19 15 : 18 buy 10 : 9 13 : 23 38 : 6 , 9, 20 39 : 1, 7, 11, 60 : 23 Brazilian 57 : 14 15 , 17 , 20 31 : 12 bypassing caught40 : 4 , 5, 10 break 58 : 15 30 : 17 41 : 8 , 10 , 20 , 6 :4 34 : 20 cc 'd 21 42 : 8 47 : 8 C 57 : 15 , 22 , 23 43 : 22 44 : 18 breaks CDD 46 : 1, 14 45 : 21 3 : 2 , 7 , 13 call 47 : 4 , 6 , 19 , 23 bridge 2 :4 , 5 5 : 3 9 : 20 10 : 8 , 9 48 : 8, 9 49 : 2 , 15 : 19 11 : 7, 21 6 : 5 7 : 2 5 , 7 , 16 , 17 brief 16 : 13 20 : 3 , 12 : 15 13 : 6 , 53 : 13 56 : 2 , 50 : 1 18 23 : 20 21 14 : 12 , 17 , 6 , 8 , 10 bring 24 : 23 25 : 25 18 , 22 24 : 4 , 5 59 : 16 , 20 34 : 6 , 21 27 : 6 31 : 10 , 32 : 20 35 : 24 60 : 12 bringing 19 32 : 22 45 : 19 54 : 12 g gcell chairperson 55 : 21 34 : 2 38 : 9 53 : 16 broken 39 : 20 41 : 11 26 : 8 chairwoman 17 : 11 43 : 24 47 : 24 center 53 : 16 budget 49 : 7 48 : 16 challenge 4 : 1 , 5 5 : 11, calls certain 14 : 20 15 : 25 13 6 : 3 , 14 , 25 39 : 9 45 : 16 11 : 4 17 : 4 challenges 7 : 6 , 21 14 : 22 Calvin 29 : 10 , 15 3 : 12 15 : 22 15 : 24 17 : 10 , 8 : 1 9 : 23 U.S . Legal Support 1 www.uslegalsupport .com 4 Flow Way CDD Meeting 16 1 1 July 21, 2022 change close community conservative 7 : 8 8 : 6 16 : 3 47 : 6 12 : 3 , 8 13 : 12 33 : 11 19 : 23 53 : 10 14 : 1 15 : 10 , consider changed closely 16 16 : 5 , 17 29 : 16 , 19 17 : 19 25 : 14 17 : 24 20 : 7 consideration changes closing 24 : 21 27 : 20 39 : 12 40 : 6 18 : 8 , 10 37 : 24 35 : 14 , 23 47 : 10 51 : 5 19 : 13 28 : 8 , coach 53 : 12 , 20 constant 10 21 : 22 58 : 22 17 : 21 28 : 23 charging code compare 29 : 5 36 : 7 34 : 7 19 : 25 constantly chart collected complaint 28 : 8 19 : 16 22 : 2 36 : 2 55 : 16 constructed charts Collier completed 16 : 17 18 : 7 11 : 12 , 15 4 : 4 11 : 21 construction cheaper 50 : 8 , 13 , 14 , 12 : 18 60 : 10 13 : 18 55 : 16 , 30 : 15 16 51 : 3 59 : 3 completely 22 choose come 34 : 11 consumptive 6 : 16 8 : 6 , 23 21 : 17 complicated 10 : 21 11 : 1 chooses 29 : 12 32 : 25 40 : 12 contact 19 : 22 45 : 1 47 : 7 comply 43 : 18 CIP 53 : 1 54 : 4 13 : 11 contend 10 : 6 , 12 comes components 54 : 20 13 : 4 , 19 , 23 22 : 13 25 : 7 15 : 23 19 : 8 contending circumstances 26 : 10 42 : 1 comprised 54 : 17 23 : 3 comment 16 : 11 contention city 5 : 1 6 : 9 8 : 21 concern 31 : 25 43 : 12 49 : 23 24 : 3 30 : 3 , 21 6 : 14 50 : 10 context 50 : 2 , 15 33 : 4 34 : 8 51 : 8 , 18 18 : 23 51 : 4 , 20 36 : 21 37 : 10 53 : 11 54 : 1 continuation claims 39 : 2 41 : 25 concerned 47 : 15 12 : 15 55 : 16 , 44 : 7 , 9 , 18 23 : 10 51 : 24 continued 22 45 : 16 59 : 15 conclusion 26 : 25 34 : 25 60 : 13 clarify4 : 21 6 : 3 continuing 23 : 24 comments condition 51 : 7 2 : 21 4 : 11 , 22 cleaned 32 : 14 continuously 27 : 9 5 : 6 , 20 , 23 condos 9 : 15 16 : 9 43 : 16 cleanu 21 : 23 52 : 2 ,p3 , 4 21 : 15 37 : 11, confusing contract 13 39 : 4 9 : 24 clearly 5 : 25 23 : 19 41 : 22 47 : 7 contractors 16 : 2 18 : 17 58 : 4 confusion 60 : 7 21 : 5 48 : 17 controlled commissioner cliff 50 : 16 59 : 17 consequences 3 : 14 14 : 16 26 : 24 5 : 13 24 : 5 communities clogged 12 : 6 Conservancy convoluted 27 : 11 30 : 8 52 : 16 5 : 25 U.S. Legal Support 1 www.uslegalsupport . com 5 Flow Way CDD Meeting if) ' 1 July 21, 2022 cooperatively covered dead desired 25 : 18 60 : 1 31 : 4 60 : 15 3 : 22 coordinate creating deal detail 55 : 24 45 : 25 6 : 6 51 : 16 4 : 15 7 : 24 coordinated criteria 52 : 22 detailed 55 : 20 42 : 25 43 : 3 , 5 dealing 6 : 22 12 : 2 copied critical 40 : 13 , 14 determine 59 : 16 , 17 28 : 5 dealt 12 : 19 corporation crystal 27 : 22 develop 36 : 3 23 : 6 , 9 debate 24 : 11 Corps culinary 9 : 11 developed 10 : 16 , 18 48 : 16 debt 11 : 12 20 : 2 correct current 16 : 14 17 : 7 developer 30 : 25 31 : 1 14 : 22 17 : 25 20 : 3 , 9 22 : 5 18 : 14 46 : 8 18 : 4 , 16 December developer- corrections curve 14 : 14 46 : 18 controlled 47 : 16 30 : 18 decide 3 : 13 18 : 11 corrective cut 42 : 4 development 13 : 10 5 : 9 , 12 , 13 decision 10 : 6 13 :4 corrugated 60 : 14 53 : 5 , 6 different 26 : 2 Cypress declare 4 : 13 5 : 24 cost 52 : 9, 24 56 : 14 12 : 7 20 : 3 12 : 22 13 : 3 53 : 1, 14 dedications difficult 30 : 22 31 : 7 11 : 14 32 : 15 33 : 21, 23 D defect dig costs 55 : 16 , 22 59 : 6 13 : 1, 18 danger defects direct 17 : 18 31 : 8 60 : 24 32 : 23 9 : 8 60 : 16 data deferred director' s county 14 : 4 36 : 2 54 : 14 11 : 12 , 15 , 16 date degree directors 43 : 12 , 19 7 : 5 , 16 8 : 3 44 : 20 54 : 17 50 : 8 , 13 , 14 , 54 : 10 delay disaster 15 , 18 51 : 3 dates 5 : 10 13 : 15 couple 48 : 11 deliberations discharge 6 : 19 14 : 8 Dave 7 : 22 13 : 16 29 : 3 21 : 21 23 : 18 44 : 3 45 : 10 deliver discharges 25 : 1 36 : 17 David 3 : 22 28 : 25 44 : 21 45 : 18 43 : 25 44 : 2 demand discount course day 44 : 23 46 : 16 59 : 1 28 : 2 58 : 3 demonstrates discussed court days 4 : 12 60 : 3 30 : 21 34 : 24 54 : 9 depending discussion courts de 20 : 5 60 : 23 5 : 21 34 : 9 59 : 8 54 : 22 depth 38 : 6 , 7 39 : 8 , cover 47 : 2 18 40 : 7 58 : 25 41 : 5, 11 49 : 5 U.S . Legal Support 1 www.uslegalsupport . com 6 Flow Way CDD Meeting 16 1 July 21, 2022 57 : 20 6 : 25 21 : 12 eroded discussions E 29 : 11 42 : 3 28 : 20 45 : 18 57 : 9 57 : 20 59 : 13 erosion district e-mail 60 : 10 12 : 23 13 : 8 3 : 20 4 : 17 , 18 26 : 7, 9 ends 19 : 6 26 : 20 9 : 20 10 : 17, earlier 59 : 8 , 9 28 : 13 , 23 20 11 : 9 , 15 18 : 9 21 : 18 engineer 29 : 15 34 : 10 17 : 18 , 20 easels 4 : 18 7 : 25 35 : 13 44 : 13 24 : 16 25 : 3 , 6 11 : 22 9 : 20 , 21 erosions 32 : 20 42 : 21 easements 10 : 16 11 : 9, 13 : 12 29 : 6 46 : 18 49 : 19 11 : 16 10 42 : 11 Esplanade 50 : 7 51 : 12 , 53 : 3 56 : 20 50 : 10 14 52 : 6 53 : 3 easier 59 : 20 36 : 4 essentially 56 : 21 59 : 20 engineering 14 : 15 54 : 9 district ' s easy 4 :4 9 : 24 establish 9 : 24 26 : 7 60 : 21 17 : 18 edges 13 : 3 Diversion 28 : 22 29 : 6 Engineers establishes 59 : 25 10 : 18 13 : 20 effect documents 19 : 13 51 : 2 enlightening estimated 57 : 15 , 23 23 : 18 20 : 15 58 : 16 effectively 46 : 8 enormous et doing 14 : 20 20 : 23 22 : 25 30 : 14 effects entails 51 : 1 evaluated 31 : 20 36 : 9, 40 : 18 18 : 24 11 43 : 13 , 17 effort entered 55 : 21 event 55 : 14 54 : 7 42 : 25 43 : 6 , dollars efforts entire 55 : 24 7 , 8 57 : 1 28 : 2 26 : 9 either events door entitled 3 : 23 13 : 15 21 : 25 22 : 6 , 8 2 : 16 15 : 9 3 :4 , 6 , 7 , 8 , 25 : 16 26 : 10 56 : 22 drain 11, 16 everybody 27 : 6 47 : 16 59 : 7 Y Y election entrance 19 : 17 40 : 11, drainage 14 : 1 15 : 19, 15 53 : 10 11 : 17 12 : 2 58 : 2 20 58 : 23 15 : 8 16 : 20 elevations everybody' s 42 : 23 entranceway 44 : 24 19 : 6 27 : 6 15 : 17 24 : 15 everyone dredge eliminated entry 28 : 19 31 : 22 8 : 24 9 : 19 11 : 18 exactly drilled emergency environment 23 : 2 15 : 14 22 : 21, 23 10 : 23 30 : 11 46 : 5 examine Drive environmental 4 : 10 49 : 25 51 : 13 , 21 : 21 23 : 17 14 56 : 15 10 : 22 50 : 23 excuse 35 : 1 52 : 16 , 19 58 : 12 15 : 2 17 : 25 drop equipment 24 : 25 31 : 24 encourage 53 : 22 54 : 5 57 : 7 existing due erode 13 : 10 , 21 13 : 13 end 26 : 25 19 : 16 20 : 1 U.S . Legal Support I www.uslegalsupport .com 7 Flow Way CDD Meeting 16 1 1 July 21, 2022 expand faster 36 : 18 44 : 11 Florida 59 : 13 47 : 9 finished 6 : 1 7 : 15 expect fault 42 : 23 9 : 22 10 : 16 , 35 : 11 31 : 20 firm 19 13 : 11 expenses features 7 : 25 42 : 20 50 : 6 5 : 9 36 : 1 11 : 18 first 51 : 12 , 14 experience feeds 4 : 24 5 : 5 52 : 6 53 : 6 58 : 5 15 : 13 6 : 13 7 : 1 Flow explain feel 9 : 25 10 : 7 , 13 2 : 3 9 : 20 14 : 4 8 : 21 44 : 14 , 13 : 1 27 : 10 13 : 6 43 : 8 exposed 15 29 : 23 45 : 5 flowing 4 : 5 feet 57 : 13 , 24 46 : 18 express 15 : 8 60 : 8 fluctuations 54 : 1 fence fiscal 13 : 14 extends 58 : 10 7 : 15 17 : 25 flush 12 : 7 Ferranti 44 : 21 48 : 12 58 : 9 extent 42 : 10 43 : 12 five focus 9 : 15 field 2 : 15 10 : 12 14 : 8 exterior 27 : 14 14 : 6 19 : 12 focused 30 : 22 fielding 27 : 18 34 : 5 15 : 3 external 45 : 16 38 : 20 40 : 5, follow 12 : 10 15 : 10 fighting 21 41 : 21 6 : 2 17 : 23 24 : 22 22 : 24 49 : 18 follow-up extraordinary file five-year 55 : 1 60 : 8 18 : 23 19 : 3 Following 41 : 1, 3 11 : 8 54 : 10 , 28 : 1, 6 33 : 9 extreme 22 55 : 19, 20 5 : 20 35 : 11 filed fix follows 19 : 1 28 : 17 eye 55 : 25 34 : 25 31 : 3 , 4 53 : 10 files 35 : 7 foot fixed 10 : 8 13 : 9 16 : 15 18 , 22 F filing footage 32 : 21 55 : 15 flatten 21 : 23 22 : 3 26 : 22 fact filled foremost floating 22 : 13 45 : 19 54 : 24 29 : 23 26 : 2 , 4 fail final forget flood 30 : 9 45 : 4 10 : 25 26 : 19 40 : 1350 : 3 failure 28 : 12 54 : 11, formulate 12 , 21 flooding 4 : 14 32 : 23 22 : 12 27 : 12 fairly finally forth 4 : 7 10 : 10 , 25 floodings 11 : 16 55 : 22 42 : 12 fall 20 : 17 forum financial floodplain 55 : 5 55 : 19 60 : 25 43 : 4 , 5 familiar 7 : 1 forward 40 : 14 financially Floodwater 14 : 9 26 : 11 14 : 21 33 : 15 59 : 25 40 : 17 42 : 15 family floor 10 : 24 find 45 : 25 57 : 9 26 : 13 35 : 5 42 : 23 U.S . Legal Support 1 www.uslegalsupport . com 8 Flow Way CDD Meeting 1,6 I 1 July 21, 2022 four generally going-forward 10 : 9 13 : 23 24 : 14 26 : 6 , 19 : 14 H 27 : 18 48 : 19 , 13 53 : 9 good 20 Geotube 9 : 18 36 : 25 half friends 28 : 19 , 21 37 : 21 , 23 11 : 6 32 : 7 35 : 17 54 : 3 Geotubes 49 : 22 51 : 24 hand Frits 13 : 17 52 : 24 53 : 25 5 : 2 36 : 14 23 : 16 getting 56 : 4 59 : 19 39 : 9 43 : 23 Frits ' 55 : 12 gotta 44 : 1, 5 44 : 10 Giordano 35 : 21 handle front 8 : 1 9 : 23 governing 15 : 25 18 : 3 14 : 3 49 : 21 give 59 : 9 19 : 2 33 : 16 fruition 2 : 25 28 : 2 governments 42 : 12 , 17 , 24 22 : 14 36 : 17 41 : 1, 3 7 : 14 43 : 6 52 : 3 full 42 : 5 43 : 20 granted 59 : 4 28 : 1 50 : 1, 7 58 : 25 54 : 15 hands fund glad grass 36 : 16 38 : 22 45 : 23 37 : 4 31 : 5 happen 46 : 2 , 3 goals great 52 : 22 funded 3 : 18 7 : 23 , 24 happened 46 : 2 goes 25 : 14 37 : 14 , 3 : 15 22 : 25 funding 15 : 16 21 : 2 19 52 : 22 26 : 5 39 : 3 13 : 20 30 : 24 , 25 : 8 43 : 14 Greg happening 25 45 : 20, 25 59 : 3 49 : 19 , 22 52 : 20 funnel going 53 : 13 56 : 12 happy 25 : 22 2 : 20 3 : 8 , 12 , 60 : 1 34 : 18 funneling 21 4 : 14 , 19 ground head 29 : 5 5 : 4 6 : 19 29 : 3 58 : 21 29 : 2 34 : 21 funnels 9 : 16 12 : 20 groups health 29 : 4 14 : 9 , 25 16 : 1 52 : 17 , 19, 23 56 : 15 58 : 12 future 19 : 21 20 : 15 guarantee hear 3 : 23 17 : 7 22 : 16 23 : 2 , 43 : 9 3 : 12 , 21 4 : 15 28 : 13 41 : 3 11 24 : 2 guess 9 : 13 37 : 2 , 3 , 43 : 17 27 : 14 28 : 3 , 5 : 1 23 : 23 6 , 7, 16 13 , 16 30 : 6 26 : 25 28 : 12 heard 35 : 12 , 18 43 : 14 48 : 20 37 : 17 50 : 1 G 37 : 5, 6 , 9, 25 Gulf 54 : 14 40 : 16 , 17 , 23 43 : 14 51 : 2 Galleon 42 : 15 44 : 11, hearing 42 : 10 23 45 : 1, 3 , 8 , gun 6 :4 , 23 7 : 3 , gate 9 , 14 , 24 59 : 14 13 8 : 3 , 13 24 : 15 , 18 52 : 1, 2 , 3 , 12 , guys 21 : 3 38 : 21 gave 21 57 : 5 , 8 , 37 : 14 , 18 , 23 39 : 7 40 : 17, 4 : 9 22 , 25 58 : 1, 44 : 16 19 general 6 , 9 , 12 , 16 , hearings 15 : 17 16 : 12 20 , 22 59 : 4 , 7 : 9 20 : 21 , 22 17 : 16 30 : 3 6 , 23 , 24 heavy 60 : 25 23 : 14 U.S . Legal Support 1 www.uslegalsupport . com 9 Flow Way CDD Meeting July 21, 2022 16 1 1 held huge 11 : 17 15 : 19 internal/ 7 : 9 33 : 18 17 : 17 18 : 21 external help hundred including 13 : 25 26 : 18 44 : 21 21 : 10 52 : 20 internally helps hurricane increase 25 : 21 53 : 24 23 : 14 35 : 6 3 : 1 interruption high hurricanes indeed 34 : 24 5 : 8 57 : 1, 7 42 : 13 , 18 3 : 16 intimate higher indicated 21 : 1 5 : 17 30 : 14 I 6 : 21 19 : 23 inventory highest 21 : 18 53 : 16 10 : 2 , 5, 8 45 : 24 idea individually 11 : 17 , 20 HOA 59 : 19 25 : 11 12 : 17 11 : 15 12 : 15 identifies inflation investigate 14 : 16 24 : 6 , 42 : 22 40 : 22 10 : 5 11 26 : 15 identifying information investigation 32 : 20 36 : 1 33 : 17 21 : 6 10 : 2 55 : 21 immediate infrastructur investigation holding 60 : 9 e s 23 : 17 Immokalee 13 : 22 16 : 16 10 : 7, 13 hole 11 : 19 14 : 2 35 : 25 50 : 4 involved 12 : 1 15 : 18 30 : 10 initial 58 : 14 home 42 : 15 43 : 13 , 44 : 18 Irma 25 : 8 18 59 : 3 initially 42 : 13 homeowner impacts 16 : 17 irrigation 18 : 14 7 : 1 16 : 23 inlets 11 : 2 , 18 , 24 homeowner' s important 12 : 3 12 : 4 , 6 13 : 25 18 : 13 15 : 3 input 15 : 11, 16 homeowner- impose 53 : 7 18 : 6 23 : 22 controlled 38 : 22 inside 24 : 23 , 24 18 : 12 imposing 24 : 18 28 : 21 25 : 4 , 5 homeowners 39 : 12 insurance irrigations 23 : 20 , 22 improve 43 : 10 11 : 3 25 : 9 , 13 , 17 13 : 21 44 : 12 intend issue 26 : 1 improvements 3 : 17 55 : 7 22 : 11 25 : 24 homes 10 : 3 12 : 20 , intent 30 : 3 50 : 10 , 8 : 10 21 : 22 24 15 : 1 19 : 10 15, 17 51 : 15 52 : 12 , 17 hope 43 : 13 , 17, 21 interconnects 54 : 13 2 : 22 3 : 18 in-depth ng 53 : 7 9 : 5 25 : 2 issued house include interested 22 : 22 15 : 11 26 : 23 11 : 14 17 : 13 52 : 17 54 : 3 issues 29 : 23 35 : 15 47 : 14 interesting 52 : 5 54 : 25 houses included 56 : 13 55 : 2 43 : 1 16 : 19, 21 internal item 6 : 16 10 : 13 Houston includes 12 : 11 15 : 10 43 : 7 18 : 3 38 : 21 U.S . Legal Support 1 www.uslegalsupport .com 10 Flow Way CDD Meeting if) I 1 July 21, 2022 41 : 23 47 : 10 jump 37 : 4 44 : 22 law 48 : 10 49 : 18 30 : 17 53 : 13 45 : 1, 2 46 : 25 5 : 17 6 : 1, 3 54 : 6 June 48 : 16 , 18 , 21 7 : 7 8 : 9 items 7 : 10 , 23 50 : 20 , 22 , 25 21 : 12 6 : 6 , 15 10 : 1 47 : 15 54 : 7 52 : 19 53 : 15 lawn 11 : 14 16 : 12 justify 55 : 9 59 : 16 , 25 : 4 31 : 5 18 : 4 45 : 24 36 : 8 17 lawsuit 49 : 18 55 : 14 known 32 : 8 , 22 54 : 8 59 : 22 60 : 2 K 5 : 2 lawsuits 45 : 1 J keep L layout 14 : 25 19 : 11 10 : 25 January 46 : 14 lake leader 4 : 3 7 : 4 , 20 keeping 11 : 3 , 25 13 : 15 28 : 25 40 : 23 46 : 19 53 : 10 13 : 10 15 : 5 , leaders Jim kind 13 18 : 6 29 : 3 4 : 2 , 17 6 : 17 19 : 7 20 : 25 24 : 19 25 : 24 leave 9 : 18 10 : 1 23 : 21, 23 26 : 3 27 : 8 , 33 : 3 14 : 7 21 : 14 25 : 15 26 : 19 17, 20 28 : 20 leaving 24 : 2 , 12 27 : 9 28 : 14 , 29 : 1, 4 , 18 , 25 31 : 16 38 : 23 44 : 19 21 31 : 18 30 : 8 32 : 10 left 58 : 14 46 : 25 50 : 20 34 : 19 , 20 32 : 14 35 : 24 Jimmy 51 : 6 , 10 44 : 13 46 : 6 36 : 1 48 : 22 4 : 18 6 : 21 52 : 8 , 11 53 : 9 lakes legal 7 : 25 8 : 19 55 : 1 60 : 15 11 : 23 , 25 17 : 17 9 : 16 , 17 , 19 kinds 15 : 4 , 7 22 : 17 15 : 3 17 : 12 23 : 11, 12 legitimate 26 : 1522 : 19 18 : 21 28 : 16 kitty 24 : 18 25 : 2 33 : 14 , 19 26 : 20 27 : 8 , length 45 : 22 7 : 24 34 : 16 44 : 19 Kleck 23 28 : 22 job 29 : 7, 11 letter 2 : 8 , 9 38 : 4 , 42 : 12 , 17 , 19 52 : 7 37 : 14 , 19 , 23 13 , 14 39 : 16 , landscape letters Joe 23 , 24 41 : 9, 16 : 8 , 9 21 : 19 , 20 14 , 15 47 : 21 11 : 19 23 : 3 56 : 8 landscaping letting 48 : 2 , 3 49 : 3 , 31 : 16 join 10 , 11 15 : 17, 20 level 21 : 8 55 : 23 knew 16 : 20 17 : 13 , judge 28 : 1, 4 51 : 5 14 18 : 7 13 : 14 16 : 4 54 : 13 , 24 23 : 21 29 : 14 43 : 2 56 : 25 know 55 : 1 3 : 5 , 6 , 7 , 9 , 16 60 : 5 levels judgment 8 : 25 16 : 1, 8 landscapings 19 : 11 54 : 15 , 16 , 19, 19 : 24 26 : 1, 29 : 17 lift 20 , 21 5 , 21 28 : 14 large 25 : 7 July 32 : 9 33 : 1 , 20 : 21 21 : 3 lightly 2 : 3 7 : 3 , 10 11, 12 34 : 12 , lateral 3 : 3 , 4 52 : 7 13 , 15 , 16 25 : 7 limit 35 : 4 36 : 3 , 22 9 : 1 U.S . Legal Support 1 www.uslegalsupport . com 11 Flow Way CDD Meeting i,V 1 I July 21, 2022 limits look mailing making 8 : 4 5 : 25 11 : 11 5 : 16 40 : 18 31 : 14 line 20 : 12 , 13 main Mallaluca 18 : 2 29 : 23 30 : 23 10 : 9 , 14 11 : 5 31 : 13 lineal 31 : 4 33 : 9 12 : 6 14 : 2 management 13 : 9 15 : 7 43 : 10 44 : 12 25 : 4 , 8 10 : 17 , 20 liner looked mains 13 : 24 25 : 3 28 : 19 4 : 13 19 : 18 14 : 1 42 : 21 50 : 7 list 27 : 17 28 : 8 maintain 51 : 12 , 14 44 : 24 looking 12 : 20 14 : 23 52 : 6 53 : 6 lists 22 : 10 , 21 16 : 2 , 4 18 : 17 map 12 : 13 23 : 6 28 : 24 24 : 16 , 25 11 : 23 12 : 2 , literally 32 : 4 33 : 12 25 : 10 31 : 7 4 , 10 , 11 35 : 10 58 : 9 57 : 5 58 : 5 32 : 23 34 : 5 , maps litigation looks 6 , 7 35 : 24 11 : 10 , 22 , 23 , 23 : 25 25 : 24 maintained 24 , 25 12 : 9 32 : 6 55 : 5 , 9 , 26 : 21 30 : 16 March 24 little lot maintaining 4 : 6 7 : 4 , 21, 5 : 25 8 : 11 , 12 2 : 24 3 : 21 10 : 10 24 : 20 , 22 17 : 24 20 : 25 4 : 13 8 : 13 22 25 : 4 Martin 23 : 24 24 : 13 , 21 : 24 23 : 1, 43 : 16 56 : 3 20 46 : 13 , 14 24 , 25 24 : 9 maintains Martinn 48 : 16 59 : 13 29 : 5 35 : 16 25 : 6 37 : 12 littoral 36 : 1, 3 maintenance Marty 52 : 16 , 18 14 : 13 17 : 23 30 : 20 60 : 14 15 : 6 24 : 19 55 : 1 29 : 17 18 : 3 22 : 1 , 7 Marty' s littorals lots 25 : 10 30 : 22 44 : 9 34 : 10 44 : 9 22 : 3 31 : 11 , 18 , 19 matching live lower 32 : 11 , 18 59 : 14 31 : 5 34 : 8 5 : 10 15 : 15 33 : 21, 23 matter load lowered 45 : 7 25 : 15 53 : 11 44 : 1 major 19 : 1 located axe lump 9 : 25 15 : 22 m23 d3 12 : 5 31 : 18 19 : 8 maximum location make 40 : 16 34 : 15 M 2 : 20 4 : 11 mean 5 : 2 , 23 12 : 20 21 :4 23 : 25 Logan 14 : 23 24 : 3 , 58 : 17 , 18 , 19, Machiavelli 10 28 : 6 , 10 28 : 13 32 : 7 23 57 : 19 40 : 10 44 : 18 made 30 : 2 37 : 11 long 39 : 14 41 : 7 , means 8 : 11 29 : 11 22 : 13 30 : 21 53 : 17 56 : 10 43 : 20 52 : 24 24 45 : 15 meet 48 : 24 49 : 1 long-term mail 50 : 18 53 : 2 , 4 : 2 43 : 5 4 : 14 20 : 24 21 : 3 4 5 19 meeting mailed 2 : 3 , 4 6 : 8 longer-term makes 27 : 2 8 : 10 29 : 10 32 : 15 8 : 20 21 : 8 , 9 53 : 6 22 : 18 23 : 17 U.S . Legal Support 1 www.uslegalsupport . com 12 Flow Way CDD Meeting 1,6 ' 1 July 21, 2022 34 : 17 37 : 6 , million month municipalitie 25 42 : 3 13 : 7 14 : 24 48 : 15 60 : 10 s 47 : 13 , 15 28 : 2 33 : 7 , months 10 : 15 48 : 11, 12 12 , 20 , 22 , 25 6 : 24 7 : 10 , 13 MURRAY 52 : 16 53 : 14 34 : 5 33 : 18 45 : 5 36 : 15 39 : 10 meetings mind 46 : 10 43 : 25 21 : 10 46 : 15 monuments melded minimal 15 : 21 N 19 : 9 19 : 13 Morrison member minimum 3 : 13 , 24 naked 9 : 10 26 : 11 42 : 23 14 : 16 24 : 5 31 : 3 46 : 25 members minute 30 : 7 31 : 25 name 2 : 15 , 17 4 : 6 , 4 : 2 8 : 14 32 : 23 45 : 6 8 : 25 9 : 19 9 5 : 21 16 : 9 minutes 54 : 12 55 : 13 , 10 : 19 35 : 3 19 : 24 36 : 19, 39 : 3 41 : 25 17 , 23 56 : 1 60 : 6 20 , 21 37 : 10 47 : 11, 12 Morrison' s necessary 45 : 18 48 : 9 32 : 6 16 : 3 mention Mirosal motion need 60 : 4 10 : 19 38 : 1, 3 , 20 19 : 4 27 : 3 , 20 mentioned misleading 39 : 13 , 14 33 : 22 34 : 4 7 : 19 8 : 5, 14 31 : 10 40 : 5 41 : 6 , 7, 35 : 2 46 : 4 14 : 11 17 : 12 misnomers 21 47 : 19 47 : 8 57 : 13 18 : 9 55 : 15 36 : 10 48 : 25 54 : 10 , 60 : 1 56 : 16 , 22 mitigate 14 , 15 , 19, 22 , needed 60 : 2 22 : 17 24 13 : 5 Messick mitigation motions neighbors 4 : 18 7 : 25 31 : 11 , 17 37 : 12 35 : 17 54 : 4 8 : 19 9 : 16 , move modelling never 18 , 19 28 : 18 42 : 21 5 : 5 6 : 5 36 : 6 45 : 7 29 : 16 33 : 20 19 modified 21 : 15 , news 34 : 1, 3 , 6 10 : 24 11 : 5 27 : 25 28 : 9 , 51 : 24 42 : 19 43 : 15 10 36 : 3 38 :4 56 : 21 59 : 22 moment 51 : 2 newspaper method 17 : 5 34 : 16 moved 21 : 11 13 : 18 money 35 : 15 39 : 15, newspapers Mike 3 : 17 4 : 16 17 41 : 8 , 10 20 : 23 60 : 6 12 : 19 20 : 19 47 : 21, 23 non-agenda miles 33 : 13 36 : 2 , 7 48 : 17 , 23 41 : 23 45 : 23 46 : 17 49 : 2 nonbinding 15 : 5 57 : 6 , 14 Miller moves 54 : 8 money' s 51 : 1 North 2 : 12 , 13 3 : 8 50 : 16 37 : 1 , 2 , 4 , 21, moving 23 38 : 17 , 18 monies 18 : 1 45 : 23 note 16 : 1 18 : 2 5 : 14 40 : 2 , 3 muddle 19 : 5 noted 41 : 18 , 19 24 : 13 48 : 6 , 7 49 :4 , monitoring 18 : 22 33 : 20 14 , 15 56 : 4 31 : 18 notice 8 : 10 19 : 5 U.S . Legal Support 1 www.uslegalsupport .com 13 Flow Way CDD Meeting 1,611 July 21, 2022 20 : 17 , 24 26 : 19 27 : 5 opportunities 27 : 1, 16 21 : 3 , 5 40 : 18 30 : 1 31 : 2 15 : 23 31 : 9, 11 41 : 1, 4 42 : 14 34 : 4 , 8 37 :4 opportunity 54 : 18 43 : 20 51 : 16 39 : 7 44 : 3 41 : 23 42 : 5 participate noticed 47 : 4 56 : 6 opposition 5 : 3 53 : 3 , 19 18 : 22 21 : 5 59 : 20 55 : 13 particular notices once options 50 : 11 20 : 23 21 : 8 24 : 18 25 : 7 4 : 13 parties November 31 : 21 order 54 : 9 7 : 17 8 : 17 one 2 :4 18 : 17 parts 46 : 15 , 18 3 : 19 9 : 25 28 : 4 39 : 11 17 : 11 novo 10 : 20 11 : 6 54 : 21 party 54 : 22 14 : 4 15 : 8 , 25 output 54 : 10 number 16 : 6 , 12 19 : 2 57 : 7 past 3 : 1 5 : 11 20 : 21 21 : 3 , outside 6 : 24 23 : 21 8 : 7 , 8 17 : 20 10 , 16 , 21 24 : 15 25 : 25 30 : 15 21 : 2 26 : 8 , 12 22 : 9 23 : 18 25 : 12 , 20 outstanding 56 : 16 , 17 , 22 31 : 24 33 : 1817 : 2 path 57 : 4 27 : 5 , 24 28 : 3 32 : 3 33 : 12 overlap 42 : 14 numbers 23 : 25 pavers 12 : 1 15 : 3 34 : 5 45 : 16 , 17 55 : 14 overview 15 : 19 19 : 19 34 : 13 , 50 : 2 pay 16 , 21 40 : 20 57 : 15 58 : 4 , 22 59 : 23 owners 3 :4 16 : 18 one' s 17 : 8 20 : 8 36 : 8 0 11 : 5 ownership 46 : 16 52 : 2 ongoing 12 : 13 , 14 , 15 paying O' CONNOR 33 : 2 50 : 11 60 : 6 ne pays objection onl 61 15 P 19 : 17 22 : 1 47 : 14 open packet pending obligations 36 : 18 55 : 5 48 : 14 55 : 17 3 : 9 people opening panel obvious 9 : 15 4 : 19 5 : 4 6 : 11 44 : 20 21 : 19 26 : 17 operating parcel obviously 16 : 24 19 : 10 11 : 6 30 : 4 35 : 20 19 : 10 30 : 24 36 : 5 , 10 46 : 19 , 22 operation parcels 40 : 14 44 : 11 50 : 10 , 19 22 : 1, 7 33 : 15 12 : 7 46 : 16 , 17 51 : 18 , 24 49 : 24 park 47 : 1 48 : 20 , 53 : 11 57 : 11 operational 13 : 14 24 60 : 16 October 15 : 23 parlance Peppers 7 : 6 , 15 46 : 11 operationally 5 : 2 31 : 12 48 : 13 14 : 21 part percent Office operations 3 : 25 6 : 3 , 10 , 27 : 11 58 : 20 50 : 14 14 : 19 16 : 12 13 , 15 16 : 13 percentages 18 : 21 19 : 19 22 : 18 Okay 31 : 23 24 : 24 25 : 2 21 : 14 25 : 23 U.S . Legal Support 1 www.uslegalsupport . com 14 Flow Way CDD Meeting 1 6 1 1 July 21, 2022 perimeter 32 : 12 46 : 6 12 , 18 59 : 10 , preserve 24 : 17 piping 13 3 : 20 17 : 22 period 27 : 7 58 : 20 politicals 18 : 2 24 : 22 19 : 3 20 : 2 place 58 : 25 30 : 22 60 : 5, 9 28 : 6 31 : 15 20 : 20 29 : 24 portion preserves 39 : 2 54 : 13 44 : 12 51 : 10 6 : 8 32 : 17 12 : 10 , 11, 12 permanent 57 : 8 58 : 21 37 : 25 13 : 25 15 : 9 35 : 9, 12 placement portions 17 : 23 24 : 20 , permit 29 : 21 32 : 12 21 31 : 7 10 : 7 , 13 , 14 , placing position 50 : 9 , 21 18 , 21 , 22 , 23 29 : 20 59 : 6 51 : 25 52 : 1 11 : 2 , 7 13 : 11 plan positions 56 : 23 22 : 21 42 : 24 4 : 14 14 : 10 55 : 8 , 12 pressure 51 : 13 18 : 23 27 : 2 possible 44 : 14 , 15 permits 33 : 10 49 : 25 9 : 2 45 : 12 10 : 20 , 24 50 : 20 51 : 5, possibly prevents 11 : 1, 5 9 , 10 52 : 12 9 : 6 15 : 1 28 : 12 60 : 18 , 20 59 : 25 Powerpoint previous permitted plans 4 : 20 11 : 9 42 : 20 13 : 20 60 : 10 practical priced permitting planting 57 : 11 , 20 19 : 12 10 : 15 29 : 17 59 : 10 , 12 primarily person plantings practicing 13 : 13 2 : 17 57 : 24 15 : 6 44 : 4 prior personal plants prefatory 14 : 16 18 : 16 26 : 7 44 : 14 24 : 3 51 : 9 perspective plastic prefer priorities 28 : 4 26 : 2 55 : 10 3 : 24 phase plats preliminarily prioritized 60 : 8 11 : 11, 13 52 : 11 27 : 22 60 : 22 phone please preparation prioritizes 7 : 2 26 : 8 5 : 8 8 : 23 10 : 11 13 : 20 physically 9 : 8 , 11 38 : 9 priority prepare 2 : 16 39 : 20 41 : 11 3 : 22 10 : 1 28 : 4 45 : 24 picked 47 : 24 49 : 7 12 : 10 13 : 19 privilege 2 : 22 pocket prepared 55 : 4 piece 24 : 21 4 : 7 6 : 23 8 : 1 probably 20 : 24 podium 12 : 21 5 : 18 6 : 4 piggyback 21 : 17 present 17 : 6 25 : 9 60 : 12 point 2 : 16 , 17 4 : 7 27 : 13 30 : 12 pipe 11 : 8 13 : 16 60 : 15 44 : 10 45 : 17 12 : 2 15 : 8 25 : 12 32 : 21 47 : 8 presentation 26 : 2 27 : 6 points 4 : 20 , 21 6 : 17 problem pipeline 29 : 11 , 15 10 : 4 53 : 2 , 4 3 : 25 26 : 21 32 : 25 53 : 8 56 : 13 47 : 2 58 : 22 pipes political presented 59 : 2 , 5 19 : 6 30 : 8 53 : 25 57 : 11 , 47 : 20 48 : 10 U.S . Legal Support 1 www.uslegalsupport . com 15 Flow Way CDD Meeting if) t 1 July 21, 2022 problems protection push quite 15 : 12 18 : 25 40 : 25 25 : 20 46 : 11 proceed proven pushed quorum 2 : 18 14 : 20 37 : 5 2 : 18 proceedings provide pushing 34 : 25 10 : 5 50 : 18 R process provides put 4 : 1, 9 7 : 20 13 : 9 7 : 16 8 : 25 rain 24 : 8 , 10 providing 11 : 21 20 : 20 23 : 14 60 : 17 12 : 25 26 : 22 35 : 5 rainwater product public 52 : 12 58 : 20 13 : 15 28 : 25 20 : 6 7 : 3 8 : 3 , 13 putting 29 : 2 professional 11 : 16 20 : 21 , 35 : 10 46 : 22 raise 9 : 10 , 21 22 21 : 3 , 15 5 : 2 , 15 6 : 16 program 38 : 21 39 : 2 Q 26 : 23 39 : 8 10 : 3 12 : 24 40 : 19 41 : 4 , 41 : 2 14 : 3 17 : 12 , 22 47 : 6 58 : 5 quality raised 13 , 14 , 15 , 22 published 50 : 22 , 24 30 : 4 36 : 14 , 18 : 6 27 : 17 21 : 11 quantity 16 39 : 4 28 : 1 31 : 14 pulled 13 : 3 50 : 22 43 : 23 52 : 5 programs 10 : 18 52 : 13 quarry raising 5 : 8 13 : 21 Pulte 35 : 5 44 : 4 project 35 : 23 question range 12 : 12 13 : 6 pump 2 : 24 5 : 12 19 : 18 14 : 3 , 7 , 12 , 13 12 : 4 13 : 25 7 : 2 8 : 21 rate 15 : 4 20 : 1, 6 15 : 11 , 13 22 : 9, 20 5 : 17 20 : 18 27 : 12 23 : 2 45 : 21 25 : 16 27 : 1 40 : 7, 8 , 11, projected 50 : 8 51 : 23 32 : 13 39 : 2 16 , 25 41 : 5 , 6 13 : 7 56 : 17 , 23 , 25 41 : 24 42 : 11 44 : 16 45 : 13 projections pumped 44 : 8 , 20 rates 22 : 13 50 : 25 51 : 21 45 : 10 53 : 21 19 : 15 20 : 3 projects 56 : 16 57 : 2 56 : 9, 20 reach 14 : 5 46 : 20 pumping questions 57 : 17 , 21 proper 51 : 25 4 : 11, 22 5 : 7 , readily 52 : 20 pumps 20 , 22 6 : 9 24 : 9 property 12 : 5 15 : 12 8 : 23 9 : 1, 3 , real 3 : 20 60 : 16 25 : 1 30 : 9 4 , 6 , 8 16 : 6 18 : 8 27 : 13 proposal 45 : 4 49 : 25 21 : 16 , 21 59 : 2 4 : 11 51 : 20 57 : 7, 23 : 1, 18 realistic propose 14 58 : 16 25 : 22 26 : 15 30 : 13 32 : 18 4 : 11 purpose 30 : 19 32 : 15 33 : 13 , 16 8 : 2 13 : 2 39 : 4 56 : 2 , 5 , proposing 7 reality 28 : 18 40 : 24 41 : 4 27 : 12 prospectively 44 : 7 quick realize 22 : 11 pursuing 21 : 21 22 : 9 35 : 21 56 : 1 34 : 9 protect reason 3 : 19 18 : 9 30 : 6 , 17 U.S . Legal Support 1 www.uslegalsupport . com 16 Flow Way CDD Meeting 6 ' 1 July 21, 2022 31 : 8 48 : 23 remove resident 19, 25 reasons 28 : 24 35 : 11 53 : 24 result 18 : 8 32 : 24 renourishment 54 : 1 7 : 8 receive 29 : 18 resident- results 8 : 16 rental controlled 33 : 1 received 57 : 8 14 : 17 reuse 16 : 9 57 : 1 rep residents 17 : 14 24 : 23 , recharge 59 : 18 3 : 10 , 15 , 19 24 15 : 14 repair 4 : 8 , 10 , 23 , 24 reverse recognize 27 : 19 , 21 9 : 2 42 : 24 25 : 17 15 : 3 30 : 11 53 : 23 review recommended repaired residents ' 8 : 18 10 : 8 13 : 17 19 : 4 3 : 20 29 : 22 reviewed record repairs resolution 11 : 10 8 : 25 9 : 13 46 : 5 38 : 1 , 2 39 : 12 reviewing 11 : 9 55 : 6 replacement 40 : 6 48 : 10 , 7 : 23 redistricting 12 : 22 13 : 1, 3 25 49 : 17 rickrack 58 : 1 33 : 21 resolutions 35 : 5 5 : 24 redredging report rid 28 : 14 10 : 2 , 6 , 11 resolve 50 : 4 reduce 12 : 22 , 23 57 : 13 right 29 : 14 13 : 2 , 8 , 9 resource 16 : 25 20 : 5 refinanceable 22 : 10 59 : 21, 10 : 22 , 23 31 : 17 33 : 24 17 : 4 , 5 23 respect 37 : 15 , 22 , 24 regard reporter 6 : 24 44 : 6 38 : 13 39 : 9 55 : 2 34 : 24 respectful 45 : 19 46 : 16 , regular reports 8 : 24 9 : 4 23 , 24 47 : 6 6 : 5 16 : 7 6 : 22 7 : 24 respond 51 : 15 53 : 21 18 : 3 20 : 22 12 : 21, 23 9 : 10 26 : 10 58 : 16 , 17, 19 47 : 13 , 15 representativ 44 : 19 risk 48 : 11 e response 33 : 11 60 : 16 Reid 57 : 16 , 17, 21, 38 : 8 39 : 6 , 19 road 23 : 16 25 : 23 24 58 : 2 40 : 9 42 : 7 15 : 18 , 20 26 : 19 28 : 12 required 47 : 5 , 18 49 : 6 58 : 12 , 17 29 : 9 30 : 1 7 : 9 8 : 9 16 :4 58 : 6 59 : 8 59 : 3 reiterate 21 : 11 42 : 22 responsibilit roadways 60 : 2 requires ies 25 : 5 27 : 8 relationship 6 : 2 13 : 10 14 : 13 rock 25 : 13 research responsibilit 35 : 6 45 : 8 relative 10 : 8 , 14 11 : 8 Y rocks 53 : 8 researched 14 : 18 32 : 1, 29 : 14 remain 10 : 25 5 , 6 roll 17 : 21 reserve responsible 2 : 5 38 : 9 13 : 5 45 : 20 , 10 : 10 39 : 20 41 : 11 remarks restoration 47 : 24 49 : 7 52 : 25 25 46 : 2 , 3 , removal 23 , 24 13 : 18 19 : 6 rolls 27 : 17 29 : 8 , 8 : 15 60 : 5 , 8 U.S . Legal Support 1 www.uslegalsupport . com 17 Flow Way CDD Meeting 1 6 1 July 21, 2022 Ron 49 : 5 seven slide 37 : 1, 20 56 : 3 seconds 27 : 18 15 : 1, 2 17 : 1, room 36 : 17 several 9 8 : 25 40 : 21 sector 3 : 6 59 : 22 slides 45 : 11 58 : 5 severity 4 : 20 6 : 19 roughly sediments 19 : 3 slough 45 : 13 28 : 20 Sewer 56 : 18 58 : 18 round see 11 : 15 small 40 : 20 3 : 9 11 : 22 , 25 Share 33 : 10 routine 15 : 7 18 : 7, 15 11 : 8 smaller 6 : 7 32 : 11 23 : 7 24 : 21 sheets 21 : 1 run 29 : 23 31 : 4 , 5 14 : 4 Solis 45 : 9 33 : 1 44 : 5 shelves 50 : 16 running 45 : 14 60 : 24 24 : 19 solution 8 : 20 Seeing short 35 : 9, 12 runoffs 42 : 8 6 : 4 57 : 11, 12 , 13 22 : 17 seeking shorthand 59 : 1 runs 49 : 24 50 : 2 31 : 20 32 : 22 solve 7 : 6 15 : 17 54 : 19 show 44 : 24 58 : 18 sees 4 : 15 16 : 23 sort 58 : 11 17 : 9 47 : 2 29 : 13 S selected showed sound 13 : 17 22 : 2 52 : 23 36 : 6 57 : 19 sat send shown source 26 : 4 25 : 17 26 : 15 12 : 11 19 : 15 12 : 5 saturated sense 20 : 5 south 43 : 9 24 : 10 29 : 10 shows 10 : 16 , 19 saying September 17 : 1 34 : 19 13 : 11 30 : 10 35 : 8 7 : 7 sic 42 : 20 50 : 6 says service 4 : 25 51 : 12 , 14 40 : 25 16 : 4 , 14 side 52 : 6 53 : 5 schedule 20 : 3 , 9 22 : 5 5 : 14 11 : 22 speak 7 : 23 28 : 9 services 16 : 25 57 : 6 44 : 2 59 : 23 , scheduled 3 : 22 5 : 9 58 : 10 24 28 : 3 9 : 24 significant speaking season set 55 : 22 24 : 14 26 : 6 23 : 14 6 : 20 7 : 7 , 12 sir special seasonal 8 : 4 , 13 43 : 1 26 : 6 36 : 16 2 : 2 38 : 22 13 : 14 44 : 17 47 : 3 37 : 21 39 : 10 40 : 17 47 : 14 58 : 10 sits 48 : 21 second sets 52 : 9 specific 6 : 15 35 : 14 28 : 21 47 : 11 29 : 1 58 : 7 38 : 5 39 : 16 sitting 41 : 9 , 10 48 : 11 30 : 4 specifically 47 : 22 49 : 3 , 4 setting situation 50 : 9 seconded 8 : 3 35 : 23 51 : 19 spend 39 : 17 47 : 23 setup 56 : 14 57 : 10 3 : 17 35 : 22 20 : 25 58 : 8 U.S . Legal Support 1 www.uslegalsupport . com 18 Flow Way CDD Meeting 1 6 1 i July 21, 2022 spending 56 : 2 , 6, 8 , 10 6 , 7, 8 51 : 11, 14 , 16 , 18 46 : 19 59 : 16 , 20 25 56 : 22 47 : 25 48 : 2 , spent 60 : 12 storms 4 , 6 49 : 8 , 10, 4 : 16 33 : 18 standing 42 : 18 51 : 22 12 , 14 spillways 46 : 25 56 : 24 supplement 42 : 15 stands strategically 14 : 4 15 : 15 spoke 53 : 9 29 : 19 support 56 : 21 start strategy 10 : 3 12 : 24 spot 7 : 16 46 : 17, 55 : 2 , 5 , 11 52 : 18 , 22 29 : 6 19 , 22 strong supposed spots started 23 : 8 30 : 13 26 : 24 17 : 19 40 : 22 structure sure Springs starts 57 : 18 6 : 18 27 : 1 49 : 24 50 : 3 48 : 12 studies 30 : 4 31 : 14 51 : 4 , 21 57 : 1 state 50 : 23 52 : 21 33 : 5 44 : 1, 24 59 : 25 7 : 7 9 : 21 study 49 : 23 50 : 18 square 43 : 1 57 : 6 , 4 : 4 13 : 5 58 : 1 21 : 23 22 : 3 14 , 15 , 17, 21 , stuff surface staff 24 58 : 2 22 : 12 23 : 12 13 : 15 49 : 18 59 : 18 28 : 14 43 : 10 surprised stage station 54 : 4 59 : 11 40 : 10 6 : 20 42 : 22 14 : 1 subject surprises Stamp stations 54 : 3 45 : 3 2 : 2 , 14 , 15 12 : 4 submitted suspect 21 : 14 , 25 statutorily 7 : 21 11 : 12 55 : 18 22 : 4 , 7, 19 7 : 12 sufficient switch 23 : 8 , 15 24 : 2 stay 16 : 3 18 : 17 56 : 15 58 : 13 28 : 16 30 : 2 31 : 15 48 : 14 42 : 12 system 31 : 1, 8 32 : 9 50 : 19 suggest 11 : 18 13 : 24 33 : 5 , 8 steps 57 : 17 15 : 8 , 11 34 : 19, 23 10 : 4 suggesting 16 : 2 , 21 18 : 6 35 : 2 36 : 12 , Steven 58 : 19 24 : 23 , 24 17, 25 37 : 3 , 36 : 13 summarize 25 : 3 27 : 16 9 , 15 , 17 , 20 , stick 6 : 25 43 : 14 , 16 22 , 24 38 : 6 , 28 : 21 systems 9, 19, 2 0 summary Stigliano 17 : 10 54 : 14 , 11 : 3 16 : 20 39 : 1, 7, 11 , 21 : 20 22 : 2 , 15, 19 27 : 7 28 : 23 15, 17 , 20 6 , 9 23 : 5 , 10 40 : 4 , 5 , 10 summer 35 : 1, 4 56 : 7, 7 : 13 8 : 16 T 41 : 8 , 10 , 20 , 9 , 12 57 : 4 21 42 : 8sunk 43 : 22 44 : 18 storage 26 : 5 take 46 : 1, 14 42 : 22 Supervisor 3 :4 4 : 22 5 : 4 storm 6 : 4 , 21 47 : 4 , 6 , 19 , 23 2 : 6 , 8 , 10, 12 , 26 : 16 , 17 48 : 8 , 9 49 : 2 , 12 : 22 13 : 8 , 14 38 : 10 , 13 , 5 , 7 , 16 , 17 14 , 24 17 : 13 15, 17 , 19 32 : 3 36 : 20 52 : 15 , 24 22 : 10 28 : 23 39 : 21, 23 , 25 38 : 1 41 : 5 42 : 25 43 : 2 , 43 : 10 45 : 12 53 : 13 55 : 15 40 : 2 41 : 12 , U.S . Legal Support 1 www.uslegalsupport . com 19 Flow Way CDD Meeting 16 ' 1 July 21, 2022 47 : 19 53 : 7 Terresina 32 : 10 tore 55 : 8 , 11 59 : 6 23 : 17 three 35 : 6 60 : 13 , 19 thank 2 : 17 5 : 24 total taken 6 : 18 9 : 18 27 : 18 36 : 15 11 : 13 13 : 5 35 : 25 21 : 14 23 : 14 , 41 : 25 46 : 9 touch taking 16 30 : 1 60 : 23 57 : 16 3 : 2 45 : 6 34 : 22 36 : 11, three-day tracts 52 : 19 12 37 : 19 42 : 25 43 : 6 12 : 14 talk 43 : 22 47 : 3 throw transfers 34 : 18 35 : 16 56 : 12 59 : 15, 56 : 15 58 : 13 , 17 : 7 55 : 2 , 5 16 24 transition talked Thanks thunder 14 : 15 22 : 15 60 : 14 44 : 3 32 : 3 transitioned Tamiami theoretically Thursday 18 : 10 , 12 , 14 15 : 15 51 : 11 48 : 15 tree tax thing time 60 : 5 , 8 , 15 , 20 7 : 17 16 : 10 , 25 : 12 26 : 20 4 : 10 6 : 11 trees 11, 16 , 22 27 : 9, 10 7 : 23 9 : 2 31 : 4 , 6, 13 19 : 18 20 : 1, 35 : 14 36 : 20 16 : 18 17 : 4 , 60 : 22 , 24 10 , 13 46 : 15 55 : 11 60 : 4 6 , 8 , 21 18 : 24 trial Taylor things 21 : 9 23 : 12 54 : 10 , 22 3 : 13 , 24 3 : 6 9 : 25 26 : 16 31 : 15 , tropical 14 : 16 24 : 4 14 : 8 19 : 7 21 39 : 5 42 : 6 42 : 18 30 : 6 31 : 25 21 : 4 23 : 22 44 : 12 46 : 7 27 : 5 30 : 7 trouble 32 : 5, 22 45 : 6 51 : 17 55 : 13 46 : 10 , 12 , 14 54 : 12 55 : 13 , 31 : 13 , 16 , 22 56 : 18 17, 23 56 : 1 35 : 18 , 24 timing try 60 : 2 9 : 1, 11 14 : 25 team 52 : 3 19 : 11 25 : 21 9 : 10 think today 5 : 7 , 18 7 : 20 48 : 24 tear 3 : 22 4 : 19 15 : 2 25 : 10 trying 32 : 14 5 : 16 6 : 23 9 : 5 14 : 21 33 : 6, 14 35 : 8 tell 8 : 3 , 6 , 14 28 : 2 , 24 29 : 7 5 : 8 , 14 23 : 4 36 : 5 37 : 18 9 : 7 , 14 10 : 3 , 40 : 23 44 : 6 , 9 30 : 17 33 : 15 4 11 : 1 12 : 25 tells 47 : 8 54 : 2 18 : 20 20 : 20 turn 21 : 8 55 : 15 60 : 1 today' s 9 : 16 14 : 7 tend thinking 8 : 3 21 : 13 45 : 8 36 : 5 48 : 17 toilet turnout third 58 : 10 53 : 24 54 : 1 Teperow 48 : 15 Tom turnover 30 : 20 31 : 2 thought 38 : 4 24 : 4 35 : 16 , 32 : 2 33 :4 , 6 , 21 36 : 6 9 , 24 34 : 2 , 4 , 12 : 19 36 : 9 top 8 , 22 37 : 14 45 : 12 16 : 25 29 : 2 twice terms 47 : 1, 9 50 : 19 51 : 20 56 : 17 17 : 3 44 : 22 thoughts topic two Terrace 45 : 24 56 : 11 3 : 15 , 19 thousand 10 : 14 , 20 42 : 10 11 : 5, 23 U.S . Legal Support 1 www.uslegalsupport . com 20 Flow Way CDD Meeting ` 6 ' 1 July 21, 2022 i 12 : 9, 21 utilities 18 , 21 37 : 11 waves 15 : 12 , 14 16 : 20 42 : 2 , 4 44 : 6 29 : 12 16 : 11 24 : 25 utility 50 : 20 55 : 4 , way 25 : 1 27 : 5 , 18 11 : 16 11, 23 56 : 12 2 : 3 6 : 1 9 : 20 39 : 3 45 : 4 57 : 19 13 : 6 24 : 16 47 : 11 58 : 4 wanted 29 : 21 33 : 16 59 : 24 V 44 : 5 54 : 20 42 : 18 43 : 8 two-foot value 60 : 4 44 : 15 58 : 15 26 : 24 13 : 6 wanting 59 : 7 type 44 : 11 ways 20 : 6 variety 32 : 24 Ward 26 : 12 types various 2 : 6 , 8 , 10 , 12 , wear 21 : 4 12 : 14 19 : 19 14 4 : 2 , 17 32 : 13 vendors 6 : 18 14 : 8 Webex U 4 : 10 24 : 14 26 : 6 21 : 9 27 : 5 33 : 14 website versus 34 : 15 38 : 10 , Uh-huh 32 : 14 21 : 6 26 : 7, 38 : 11 12 , 15 , 17 , 19, 13 , 18 view 25 39 : 21, 23 , unanswered 29 : 22 25 40 : 2 , 4 week 23 : 1 violate 6 : 7 41 : 12 , 14 , 16 , understand 41 : 2 18 , 20 46 : 13 weeks 3 : 11 26 : 4 visually 47 : 25 48 : 2 , understands 37 : 6 4 , 6 , 8 49 : 8 , weir 40 : 11, 15 vote 10 , 12 , 14 , 16 30 : 10 understood 5 : 23 49 : 1 washed weirs 18 : 25 58 : 2 30 : 12 46 : 6 unit watching wells 19 : 23 53 : 18 57 : 22 15 : 14 24 : 25 unmuted W 25 : 1 water 44 : 2 ent wait 10 : 16 , 20 w18 : 18 23 : 22 untangle 45 : 14 11 : 4 , 15 24 : 12 12 : 23 13 : 8 , 31 : 12 33 : 17 waiting widths untangling 52 : 25 14 , 24 15 : 16 24 : 8 17 : 14 22 : 10 , 21 : 24 waiver Wild untrained 55 : 3 16, 17 23 : 2 , 31 : 3 11 25 : 3 35 : 9 walk wildlife upcoming 4 : 19 6 : 17, 19 28 : 23 42 : 17, 48 : 12 49 : 20 20 43 : 2 52 : 2 update walked 50 : 5 , 6, 8 , 21, win 53 : 17 22 , 24 51 : 1, 32 : 8 42 : 14 12 , 14 52 : 6 wind- upper want 8 : 4 53 : 6 56 : 17 , generated 4 : 25 5 : 3 , 22 25 13 : 13 uproar 14 : 8 17 : 9 51 : 6 waters winds 24 : 13 25 : 12 15 : 13 23 : 11 usual 30 : 2 33 : 12 32 : 13 48 : 19 35 : 21 36 : 7, wave Winters 13 : 13 29 : 12 2 : 10 , 11 U.S . Legal Support 1 www.uslegalsupport .com 21 Flow Way CDD Meeting 16 1 1 July 21, 2022 37 : 13 , 16 , 18 Ws 38 : 15 , 16 14 : 6 39 : 25 40 : 1 41 : 16 , 17 Y 48 : 4 , 5 49 : 12 , 13 Yeah 56 : 5 21 : 19 24 : 2 wiped 35 : 2 37 : 17 , 46 : 9 18 44 : 3 withdraw 59 : 22 11 : 2 year withdrew 3 : 1 7 : 6 , 11, 51 : 4 13 , 16 , 18 , 20 wonderful 8 : 17 11 :4 47 : 1 14 : 14 , 22 wondering 15 : 13 , 24 30 : 5 31 : 6 17 : 19 , 25 34 : 12 35 : 17 18 : 4 , 16 , 19 woodland 19 : 2 , 17 56 : 18 58 : 17 20 : 8 , 16 woods 23 : 12 26 : 21 49 : 19 , 22 27 : 9 30 : 23 53 : 22 56 : 19 34 : 20 42 : 25 59 : 19 60 : 1 43 : 6 44 : 21 work 48 : 12 52 : 7 14 : 23 25 : 14 , yearly 18 , 21 27 : 14 , 20 : 22 19 28 : 3 , 7 , 11 years 33 : 17 42 : 16 3 : 15 10 : 12 51 : 7 60 : 10 17 : 20 18 : 16 worked 19 : 12 20 : 2 50 : 13 33 : 23 34 : 5 working 40 : 21 57 : 4 4 : 3 24 : 11 33 : 19 60 : 7 Z works 44 : 5 Zack worksheet 7 : 19 8 : 5 14 : 2 44 : 5 worth zero 14 : 24 27 : 19 38 : 21 40 : 6 33 : 7 , 22 41 : 22 would've zoom 30 : 12 , 14 2 : 17 4 : 24 48 : 22 11 : 25 21 : 19 writing 36 : 22 37 : 10 8 : 12 39 : 9 43 : 23 U.S . Legal Support 1 www.uslegalsupport . com 22 AIIP apIt kti1 ? PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 FLOW WAY CDD CO JPWA RD& ASSOC LLC 2301 NE 37TH ST FT LAUDERDALE, FL 33308-6242 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate,commission or refund for the purpose of securing this advertisement for publication in said newspaper issue(s)dated or by publication on the newspaper's website, if authorized,on Issue(s)dated: 06/26/2022,07/03/2022 Subscribed and sworn to before on July 3,2022: otar , St 1, my of Brown � 15c�3 My commission expires Publication Cost:$1,512.00 Ad No:0005310362 Customer No: 1305088 N A N C Y H E Y R M A N PO#: Notary Public #of Affidavits 1 Stare of Wisconsin This is not an invoice FLOW WAY COMMUNITY DEVELOPMENT DISTRICT NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2023 BUDGETS;AND NOTICE OF PUBLIC HEAR- ING TO CONSIDER THE IMPOSITION AND LEVY OF MAINTE- NANCE AND OPERATION SPECIAL ASSESSMENTS; ADOPTION OF A CAP RATE FOR NOTICE PURPOSES ONLY: ADOPTION OF AN ASSESSMENT ROLL. AND THE USE OF THE UNIFORM COLLEC- TION, AND ENFORCEMENT Of THE SAME; AND NOTICE OF REG- ULAR BOARD OF SUPERVISORS'MEETING. The Board of Supervisors for the Flow Way Community Develop- ment District will hold two public hearings and a regular meet- ing on July 21, 2022, at 4:D0 p.m. at the Esplanade Golf and Country Club,B910 Torre Vista Lane, Naples, Florida 34119-The meeting is being held for the necessary public purpose of con- sidering such business as more fully identified in the meeting agenda, a copy of which will be posted on the District's website at wti+Av,flowwaycdd.org. The purpose of the first public hearing is to receive public com- ment and objections on the Fiscal Year 2923 Proposed Budgets. The-first public hearing is being conducted pursuant to Chapter 190, Florida Statutes. The purpose of the second public hearing is to consider the imposition of special assessments to fund the District's proposed operation and maintenance budget for Fiscal Year 2023 upon the lands located within the District, a depic- tion of which lands is shown below, consider the adoption of a cap rate for notice purposes only and to consider the adoption of an assessment roll, for the uniform collection, and enforce- ment of the assessments. The second public hearing is being conducted pursuant to Florida law including Chapters 190 anti 197, Florida Statutes, At the conclusion of the public hearings, the Board wile by resolution, adopt the budgets and levy assess- ments to fund the operation and maintenance budget as finally approved by the Board. A regular board meeting of the District will also be held where the Board may consider any other business that may properly come before it, A copy of the proposed budgets, preliminary assessment roll, and the agenda for the hearings and meeting may be obtained at the offices of the District Manager, located at 2301 Northeast 37th Street, Fort Lauderdale, Florida 33308, Ph: (95e) 6584900, during normal business hours. In addition, you may contact the District Manager James Ward at JlmWard0JPWardAssnciates.ro m. In addition, budgets, preliininary assessment roll and agenda are available on the District's web site at www.flowwaycdd.org, approximately seven(7)days in advance of the meeting. The special assessments are annually recurring assessments and are in addition to previously levied capital debt assessments. The table below presents the proposed schedule of operation and maintenance assessments for Fiscal Year 2023 and the cap rate. Amounts are preliminary and subject to change at the hearing and in any future year. The amounts are subject to early payment discount as afforded by the uniform collection law_ Note that the operations and maintenance assessments stated below do not include any debt service assessments previ- ously levied by the District and due to be collected for .Fiscal Year 2023. Fiscal Year 2023 Proposed Schedule of Assessments Per Unit S1,399.81 CAP Rate S1,679.713 The tax collector will collect the atseisment5 pursuant to the uniform method. The District may choose to collect the assess- ments for developer owned land not pursuant to the uniform method. Failure to pay the assessments collected by the Tax Collector us- ing the unitorm method will cause a tax certificate to be issued against the property which may result in a tax deed and loss of title. For delinquent assessments that were initially directly bil- led by the District, the District may initiate a foreclosure action or may place the delinquent assessments on the next year's county tax bill. All affected property owners have the right to appear at the public hearings and the right to file written objec- tions with the District within twenty (20)days of publication of this notice_ Thepublic hearings and meeting are open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. The public hearings and meeting may be continued to a date, time, and place to be specified on the record at the hearings or meeting_ Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at r954) 658-4900 at least forty-eight {48) hours prior to the meeting. If you are hearing or speech im- paired, please contact the Florida Relay Service at (800) 955- 8770 for aid in contacting the District Office. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the public hear- ings or meeting is advised that person will need a record of pro- ceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings 15 made, including the testimony and evidence upon which such appeal is to be based. Flow WayCommunity Development Disirirt 1 ' James P.Ward District Manager Publish Datecf p6J26,07J03f2U22 #5.310362 • h5I • 11�/ 4 I. I l I I• F pg1 i FL 1 j611 MINUTES OF THE LANDOWNERS' MEETING OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Landowners' Meeting of the Board of Supervisors of Flow Way Community Development District was held Tuesday, November 8, 2016, at 3:00 p.m. at the Offices of Coleman, Yovanovich & Koester, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Landowner's Present: Anthony Burdett Taylor Morrison of Esplanade, LLC Also Present were: James Ward District Manager Greg Urbancic District Counsel Skip Adams Member, Board of Supervisor's Chris Nirenberg Member, Board of Supervisor's 1. Call to Order& Roll Call Mr. Ward called the meeting to order at 3:06 p.m. 2. Election of a Chairperson for the Purpose of Conducting the Landowner's Meeting. Mr. Ward stated that there was one landowner present and welcomed Mr. Burdett to conduct the meeting, but also offered to conduct the meeting for him. Mr. Burdett asked that Mr. Ward do so. 3. Election of Supervisors a. Determination of the Number of Voting Units Represented or Assigned by Proxy. Mr. Ward said there was one proxy by Taylor Morrison of Esplanade, LLC, assigning 328 votes to Mr. Anthony Burdett. b. Nominations for Supervisors 16I 1 Flow Way Community Development District—Landowner's Meeting November 8,2016 Mr. Ward explained there were three positions available: Mr. Truxton's, Mr. Adams' and Mr. Niremberg's, and he asked Mr. Burdett to nominate three individuals. Mr. Burdett nominated Mr. Truxton, Mr. Adams and Mr. Niremberg. c. Casting of Ballots Mr. Ward provided a ballot to Mr. Burdett and asked that he fill it out and stated that the two candidates receiving the highest number of votes would serve four-year terms and the one with the lesser number of votes would serve the two-year term. d. Ballot Tabulations and Results Mr. Ward announced that Mr. Truxton and Mr. Niremberg had received 328 votes and would be sworn in and serve four-year terms and Mr. Adams had received 327 votes and would be sworn in and serve a two year term. There were no landowner questions or comments. The meeting was adjourned at 3:10 p.m. ,44/tY Jame . Ward Secretary ave Truxton, Chairman 2IPagc OFFICIAL BALLOT 16 I 1 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING-NOVEMBER 8,2016 For Election (3 Supervisors): The two (2) candidates receiving the highest number of votes will each receive a four (4) year term, and the remaining candidate shall receive a two (2) year term,with the term of office for each successful candidate commencing upon election. The undersigned certifies that the undersigned is executing this Official Ballot in his or her individual capacity as landowner, or in his or her capacity as an authorized representative of the entity named below as landowner, (hereinafter, "Landowner") and that Landowner is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Flow Way Community Development District and described as follows: Property Description Acreage 1`Jrh4rr [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this ballot is: I, , "' "'y individual capacity as Landowner; or in my capacity as an authorized representative of Landowner, an entity; or as the proxy holder pursuant to the Landowners Proxy attached hereto, do cast my votes as follows: NAME OF CANDIDATE NUMBER OF VOTES 1. IbJt� VYTVQ 2. W(ZAV \-e- 4 3. Ley p,c,A�s 3Z'? Date: 11 igit40 Signed: Printed Name: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto.(e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY FLOW WAY COMMUNITY DEVELOPMENT DISTRICT �7 LANDOWNERS MEETING—NOVEMBER 8, 2016 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: gt).Gay.oyL!/lt?/ Proxolder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Flow Way Community Development District to be held at the offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournrent or adjournments thereof, but may be revoked at any time by notice thereof, in wyifin i d with the Secretary of the Flow Way Community Development District. Signature (2)n .f J . SccLiEtr r o?DI Print Name Date Property Description Acreage SEE ATTACHED EXHIBIT 1 [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. 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Board Members Present: Joe Newcomb (via telephone) Chairman James Oliver Vice Chairman Paul Zotter Assistant Secretary David Negip Assistant Secretary Russell Smith Assistant Secretary Also present were: James Ward District Manager Greg Urbancic District Attorney Curt Keyser District Engineer Audience Bob Cody Resident Mike Helmer Resident David Caldwell Lennar Stu Axelrod Resident Joe Herring Resident Gregory Jack TPC Treviso Bay 1. Call to Order & Roll Call Mr. Ward called the meeting to order at 8:57 a.m. 2. Election of a Chairperson for the Purpose of Conducting the Landowners' Meeting 1 Page 1611 Wentworth Estates Community i)e\ek pment District May 10. 2018 Landowner's Meeting Mr. Ward explained the process of the Landowners' meeting to the audience. He said the meeting was solely for the purpose of electing one member to the Board of Supervisors through the term of 2020. He indicated if there were any questions, that individuals wait to be acknowledged before asking. He continued there was a provision in the statute which permitted the landowners to elect a chairperson for the purpose of conducting the meeting, which was primarily ministerial. Mr. Ward stated with the consent of the landowners present, he would act as the chairperson for the meeting. The landowner's present noted that Mr. Ward shall act as chairperson for the purpose of conducting the meeting. 3. Election of Supervisor a) Mr. Ward explained this item was to elect one person to serve on the Board through November of 2020. He said that the first item is a determination of the number of voting units was represented or assigned by proxy. He said he had three proxies: one from Mr. Zotter, who had 13 votes; another from Mr. Oliver who had 3 votes; and one from Mr. Smith who had 17 votes. He said there were residents present who would be voting in person and that information is in the record from their attendance at the meeting today is recorded. Mr. Ward instructed that the statute did not indicate there had to be any specific number of people present or percentage of interest within the community at this meeting, and that those present in person or holding a proxy constitute the quorum for purposes of a landowner's meeting. b) Mr. Ward called for nominations for an individual to serve on the Board. He explained anyone who held a proxy or was a resident in the community could nominate someone. He asked for hands to be raised for nominations. Mr. Smith asked if there was an open seat or was a Board member being replaced. Mr. Ward responded this is Sear 5, Mr. Smith's seat that is up for election at the meeting today. Mr. Zotter nominated Bob Cody. t6I Wentworth Estates Community Development District May 10. 2018 Landowner's Meeting Mr. Ward called for further nominations, and there were none. c) Casting of Ballots Mr. Ward provided ballots to each of the proxy holders and to residents at the meeting and gave instructions for their completion. Mr. Ward collected the ballots and said there were no other individuals casting ballots. d) Ballot Tabulations and Results Mr. Ward reported after tabulating the ballots that Mr. Cody had won the election with 39 votes. (This is a correction to the audio file, since Mr. Ward said 29 votes and the correct votes is 39). 4. Landowners' Questions or Comments Mr. Helmer asked if Lennar had discussed Treviso Bay Sales Center sale to the CDD in advance of the sale that would give the new property owner access to using the bridge for vehicles entering and exiting the property. Mr. Ward responded the developer was not required to discuss with the CDD anything related to the sales of any property within a Community Development District in this State. 5. Adjournment Mr. Ward announced the meeting would stand adjourned. Wentworth Estates Community Development • Dt \//)- ,/( _ Mines P. Ward, Secretary / Jos- Newcomb, Chairman 3iPage 16I 1 Wentworth Estates Community Development District Voting Units Represented - May 10, 2018 Landowner's Meeting Number of Name Votes Joseph Hering 1 Michael K Helmer 1 Stuart Axelrod 1 Robert Cody 1 Paul Zotter 14 James Oliver 4 Russell Smith 17 Total: 39 OFFICIAL BALLOT 16 I 1 1 WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING-MAY 10, 2018 For Election (1 Supervisor): The candidate receiving the highest number of votes will receive a term which will terminate in November, 2020 with the General Election, with the term of office for the successful candidate commencing upon election. The undersigned certifies that the undersigned is executing this Official Ballot in his or her individual capacity as landowner, or in his or her capacity as an authorized representative of the entity named below as landowner, (hereinafter, "Landowner") and that Landowner is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Wentworth Estates Community Development District and described as follows: Property Description Acreage Qz-,14c (6, )t'4-1 GA, CGC GC''LC N/4/'��= � [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this ballot is: I, .7c''5 . r—I ( /efatfin my individual capacity as Landowner; or in my capacity as an authorized representative of'(andowner, an entity; or as the proxy holder pursuant to the Landowners Proxy attached hereto, do cast my votes as follows: NAME OF CANDIDATE NUMBER OF VOTES • 1. Cede / Date: Signed: Printed Name: ✓G%c._i�< l— , �'k--j,14e7 NOTE: It the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution, etc.). OFFICIAL BALLOT 161 1 WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING — MAY 10, 2018 For Election (1 Supervisor): The candidate receiving the highest number of votes will receive a term which will terminate in November, 2020 with the General Election, with the term of office for the successful candidate commencing upon election. The undersigned certifies that the undersigned is executing this Official Ballot in his or her individual capacity as landowner, or in his or her capacity as an authorized representative of the entity named below as landowner, (hereinafter, "Landowner") and that Landowner is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Wentworth Estates Community Development District and described as follows: Property Description Acreage ' .. 4? / A%d 2I' 1) 9/ [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this ballot is: /c/7/ming individual capacity as Landowner; or in my capacity as an authorized representative of Landowner, an entity; or as the proxy holder pursuant to the Landowners Proxy attached hereto, do cast my votes as follows: NAME OF CANDIDATE NUMBER OF VOTES 1. e7c/ Date: ./71 y/C Signed: Printed Name: /1s� o G A' ff 4,02'/Z NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws.corporate resolution,etc.). OFFICIAL BALLOT 16 I I «m WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING—MAY 10, 2018 For Election (1 Supervisor): The candidate receiving the highest number of votes will receive a term which will terminate in November, 2020 with the General Election, with the term of office for the successful candidate commencing upon election. The undersigned certifies that the undersigned is executing this Official Ballot in his or her individual capacity as landowner, or in his or her capacity as an authorized representative of the entity named below as landowner, (hereinafter, "Landowner") and that Landowner is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Wentworth Estates Community Development District and described as follows: Property Description Acreage pncflre_ [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.) The number of authorized votes for this ballot is: I I, 5t,y-'r Ake► e/ , in my individual capacity as Landowner; or in my capacity as an authorized representative of Landowner, an entity; or as the proxy holder pursuant to the Landowners Proxy attached hereto, do cast my votes as follows: NAME OF CANDIDATE NUMBER OF VOTES 1. 10-A ( /� Date: /0/l Signed: Printe a e: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution,etc.). OFFICIAL BALLOT i 6 I I WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING—MAY 10, 2018 For Election (1 Supervisor): The candidate receiving the highest number of votes will receive a term which will terminate in November, 2020 with the General Election, with the term of office for the successful candidate commencing upon election. The undersigned certifies that the undersigned is executing this Official Ballot in his or her individual capacity as landowner, or in his or her capacity as an authorized representative of the entity named below as landowner, (hereinafter, "Landowner") and that Landowner is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Wentworth Estates Community Development District and described as follows: Property Description Acreage 76/141 "v43‹ [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this ballot is: / ,/ f , in my individual capacity as Landowner; or in my capacity as an authorized representative of Landowner, an entity; or as the proxy holder pursuant to the Landowners Proxy attached hereto, do cast my votes as follows: NAME OF CANDIDATE NUMBER OF VOTES 1. . //:r ,+,�^ Date: Signed: Printed ryame:l, _ipi NOTE: If the fee simple landowner is not an individual, and is instead acorpo_ration, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf o`the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution, etc.). OFFICIAL BALLOT ¶ 6 ' I4111 WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING —MAY 10, 2018 For Election (1 Supervisor): The candidate receiving the highest number of votes will receive a term which will terminate in November, 2020 with the General Election, with the term of office for the successful candidate commencing upon election. The undersigned certifies that the undersigned is executing this Official Ballot in his or her individual capacity as landowner, or in his or her capacity as an authorized representative of the entity named below as landowner, (hereinafter, "Landowner") and that Landowner is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Wentworth Estates Community Development District and described as follows: Property Description Acreage 7'c2 3 )c,u c- v L [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this ballot is: I, R ` 70 "64 , in my individual capacity as Landowner; or in my capacity as an authorized representative of Landowner, an entity; or as the proxy holder pursuant to the Landowners Proxy attached hereto, do cast my votes as follows: NAME OF CANDIDATE NUMBER OF VOTES 1. o� oe* /V Date: s1/o Signed: (l l _ Printed Name: 7c,,,_ ( 27/i t NOTE: If the fee simple landowner is not an individual. and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution, etc.). LANDOWNER PROXY WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: ? JL 7 Ott R Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, 7r ing, f d with the Secretary of the Wentworth Estates Community Development District. ttA-kikt Signatur ?49Uov1 'boce °,A t kAN !, Za t e Print Name Date Property Description Acreage 92 14 J E+o L A nt 1\14c>2.t,5, F L. ' 4 113 [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: 4 NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY 1 WENTWORTH ESTATES '. 1 6 I COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: � cu.) Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with th Secretary of the Wentworth Estates Community Development District. ,--A Signature s I 1 critcNiALF-2 ccaprzi;y Print Name Date Property Description Acreage 7d, Ue AA-4) R (i 3 yi/ 3 [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY t61I WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjoumments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to,the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Wentworth Estates Community Development District. 1 c=' Signature `" Print Name Date ' ? 1' Property Description t' Acreage [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: _ NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY ' WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: ark t1 Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Wentworth Estates Community Development District. , , irN a c_ I 1/4/u R Signature illfl 0 e /414f,e,eA (1()o A/ Print Name Date Property Description Acreage (L1 ) /OU ry i/Pfi,i [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: f' NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY WENTWORTH ESTATES 16 I 1.4 COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: ai ) / f� Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in g, filed the Secretary of the Wentworth Estates Community Development District. • Signature Cr , l Print Name Date Property Description Acreage 9,;2. 7s- �_. L) (6) [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: / NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto.(e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY tt WENTWORTH ESTATES ! U ' COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: VOL) ii '\�- , 1 - Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, fil with the Secretary of the Wentworth Estates Community Development District. W :. , 1 Signature Nk s--- \ /t / (fi Print Name Date Property Description Acreage Ca 7 a \..)t' ii\ - 0 w 1. , 1,'c,ki`wj t k, u ►i- [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY 16 % W WENTORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: PA'? Z e 77(7 /z Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to,the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Wentworth Estates Community Development District. Signature FI/V /A>) / 7 V//7 Print Name Date Property Description Acreage [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY WENTWORTH ESTATES V COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING-MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: 11-pri ' /7, 14i- Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, wn filed with the Secretary of the Wentworth Estates Community Development District. //1/7,7 v.,. Sigft ure • /.0,41PRZ7 if A/ //..e7:4C.//(gfS/ "a/AS-. Print Name Z/C--Yt Date Property Description `� 'V3 2` v (`7 Acreage [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: .,, NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY WENTWORTH ESTATES 1611 COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: fivf Zd . Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writin , d with a Secretary of the Wentworth Estates Community Development District. Signature -5-#/ r Print Name Date Property Description Acreage Ve /Vr 1 [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution, etc.). LANDOWNER PROXY i6 1 1 . WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: Avg c\---k�2 Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, ' ing, filed with the Secretary of the Wentworth Estates Community Development District. ign ture q Print Name Date Property Description 2-4 Z `l'CrAE 1 C 1 ( Nkal)l - Acreage [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY WENTWORTH ESTATES i 6 I` 1 COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING-MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, fled with the Secretary of the Wentworth Estates Community Development District. Signature / / C>/(e Print Name Date Property Description Acreage C"-7-Z, r [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] ( \ The number of authorized votes for this proxy is: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto.(e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY W WENTORTH ESTATES 6 { COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjo9Ament adjouanments thereof, but may be revoked at any time by notice thereof, in writing, filed w. ►rthe 'cretary of the Wentworth Estates Community Development District. Signature 013Th - EL CO / ti 05 B1 ;i Print Name Date ' Property Description 1 Acreage ( .6, ( Ifs FL [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY 1611 WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: i I 0 771 . Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjour t or adjour7rrents thereof, but may be revoked at any time by notice thereof, in writ' g filed w.ii th5ecretary of the Wentworth Estates Community Development District. Signature 6 Ar Ko /\;" o s- < < Print Name Date / I Property Description Acreage i° [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment heretp.) The number of authorized votes for this proxy is: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution, etc.). OFFICIAL BALLOT 16 i 1 WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING — MAY 10, 2018 For Election (1 Supervisor): The candidate receiving the highest number of votes will receive a term which will terminate in November, 2020 with the General Election, with the term of office for the successful candidate commencing upon election. The undersigned certifies that the undersigned is executing this Official Ballot in his or her individual capacity as landowner, or in his or her capacity as an authorized representative of the entity named below as landowner, (hereinafter, "Landowner") and that Landowner is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Wentworth Estates Community Development District and described as follows: Property Description Acreage Ci605 Pctñ s (ô '9 /th 1P) 1'L .31//3 l > [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.) L/ The number of authorized votes for this ballot is: I, J L/1`PJ 1"tizM.V I t Ue, in my individual capacity as Landowner; or in my capacity as an authorized representative of Landowner, an entity; or as the proxy holder pursuant to the Landowners Proxy attached hereto, do cast my votes as follows: gO NAME OF CANDIDATE NUMBER OF VOTES 1. b a _ 9 I IDate: I/O5 11 Signed: L.,,a• 34/ QQ('Afr-e. Printed �e: 4r"Gr i • 1t'E'.s--- NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution,etc.). 0718 12:55p p 1 LANDOWNER PROXY ■ WENTWORTH ESTATES I.b 1 COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10,2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: J Ot o er Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unpiatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to,the election of members of the Board of Supervisors and may vote in accordance with their discret'on on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, .n writing, filed with the Secretary of the Wentworth Estates Community Development District. /76 (A Signature • C. _S7;2///. -C' Print Name Date Property Description C/i- 'T re:, '- 7 - Acreage l [insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] A The number of authorized votes for this proxy is: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto.(e.g.,bylaws,corporate resolution,etc.). • LANDOWNER PROXY WENTWORTH ESTATES / 6 I 1 COMMUNITY DEVELOPMENT DISTRICT 1 LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: Cc)ZA-74--- Proxy‘-, - --,41 holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in wri '1: filed with the Secretar the Wen worth Estates Community Development District. ignatur, 7 /i Print Na Date Property Description Acreage -4-?... 4,4z- Z7; ./ Z . (7Z'--3 [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] / The number of authorized votes for this proxy is: , NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws,corporate resolution,etc.). LANDOWNER PROXY WENTWORTH ESTATES 1 61 1 COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: • m. Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, May 10, 2018 at 8:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to,the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to cpntinue in force from the date hereof until the conclusion of the landowners meeting and any aljourn ent or adjournments thereof, but may be revoked at any time by notice thereof, in w ing, fi ith the Secretary of the Wentworth Estates Community Development District. Sign ture Print Name Date Property Description Acreage 160 Ali !�T [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: 1_ NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws, corporate resolution,etc.). OFFICIAL BALLOT WENTWORTH ESTATES A b 1 COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING-MAY 10, 2018 For Election (1 Supervisor): The candidate receiving the highest number of votes will receive a term which will terminate in November, 2020 with the General Election, with the term of office for the successful candidate commencing upon election. The undersigned certifies that the undersigned is executing this Official Ballot in his or her individual capacity as landowner, or in his or her capacity as an authorized representative of the entity named below as landowner, (hereinafter, "Landowner") and that Landowner is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Wentworth Estates Community Development District and described as follows: Property Description St L aNit ac-k . ' 'ray Acreage [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this ballot is: irk I, s e4t LMAA, in my individual capacity as Landowner; or in my capacity as an authorized representative of Landowner, an entity; or as the proxy holder pursuant to the Landowners Proxy attached hereto, do cast my votes as follows: NAME OF CANDIDATE NUMBER OF VOTES 1. 3 e.c.1)1 I RT Date: s I ► 0 I Signed. :14 Printed Name.1 ' iA. bC 1\ Snt i4 NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g., bylaws, corporate resolution, etc.). LANDOWNER PROXY 1 6 % 1 i WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MAY 10, 2018 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: Russell Smith Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113 on Thursday, February 8, 2018 at 8:30 A.M.; said) meeting published in a newspaper in Collier County; and at any adjournments thereof, acc.r•ing to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally press t, upon any question, proposition, or resolution or any other matter or thing which may come :efore said meeting including, but not limited to, the election of members of the Board of Super '.ors and may vote in accordance with their discretion on all matters not known or determi,ed at the time of solicitation of this proxy, which may legally come before the meeting. Any prox, heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to cont e in force from the date hereof until the conclusion of the landowners meeting and any adjou \lent or adjournments thereof, but may be revoked at any time by notice thereof, in writing, •. with the Secretary of the Wentworth Estates Community Development District. Signature %LA. t C01 lz_--( 11q Print Name Dat Property Description Acreage See Exhibit A Attached [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: [r NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g.,bylaws,corporate resolution,etc.). , b11. a } < > < } < >_ < } Q >_ 0 J > m > m > m > m > m a m Q r+ u O v O v O LI O v 0 0 0 w Qa,nQ Vt Q vi Q v, Q '^ Z V) LU < cC > oC > a= > z > cc > < > Z V' cC w cc w ce w cc W cc w cc w W W Cr W C_ W 2 W cc W C_' W C: 0 .J F- I- I- I- I- I•- I- I- I- I-- > I- 11 U U U U U U-A J J J J J J J J J J J J -.I - V1 V) V) V1 in V1 Vl < 0 0 0 0 0 0 0 z I I I r I = Z I < < < < < < < Z Z Z Z Z Z 7_ Z Z Z Z Z Z J J J J J J J O. rn m m m m rn m 1-1r1 .-9 r. .1 .- r-1 00 N 1 .-� '-1 .-1 ri ri C IL o- m m m m m rn NiM W N 0! 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MINUTES OF MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Wentworth Estates Community Development District's Board of Supervisors was held on Thursday, May 10, 2018, at 9:00 a.m., at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida 34113. Present and constituting a quorum were: Joe Newcomb Chairman James Oliver Vice Chairman Paul Zotter Assistant Secretary David Negip Assistant Secretary Robert Cody Assistant Secretary Also present were: James Ward District Manager Greg Urbancic District Attorney Curt Keyser District Engineer Audience: Mike Helmer Resident David Caldwell Lennar Stu Axelrod Resident Joe Helmer Resident Gregory Jack TPC Treviso Bay Russ Smith Lennar 1. Call to Order & Roll Call Mr. Ward called the meeting to order at 9:06 a.m., and roll call determined all members of the Board were present with the exception of Mr. Newcomb. (See note later in minutes Mr. Newcomb joined the meeting via phone) 1 Wentworth Estates Conutmunit De\elopment District May 10, 201 K 1 6 I 1 2. Administration of the Oath of Office for the Newly Elected Supervisor from the Landowners' Meeting Mr. Ward stated for the record he was a notary and authorized to administer the Oath of Office and he did so. He provided to Mr. Cody the Guide to Sunshine Amendment and Code of Ethics for Public Officers and Employees and a Form 1 Statement of Financial Interests. He instructed Mr. Cody regarding these documents. At this point, audience member Stu Axelrod stated on behalf of the Turnover Steering Committee and in preparation of the homeowners, also landowners, for turnover of control of the Board of Directors of the community called Lennar, and in this regard, as part of our preparation, we have retained legal counsel, and I am head of that committee. He continued Bob Cody was also on the committee. In that regard, he stated they had had contact in the past with their attorney with regard to CDD members. He asked should Mr. Cody continue in this regard and be copied on legal correspondence between the turnover committee and their attorney with regard to CDD matters, would this then become a matter of public record. Mr. Ward responded affirmatively; it would be a public record. 3. Consideration of Resolution 2018-8 Canvassing and Certifying the Results of the May 10, 2018 Landowners' Election of Supervisors Held Pursuant to Chapter 190 Mr. Ward said this item was consideration of Resolution 2018-8 Landowner's Election for Seat 5. (Mr. Newcomb joined the meeting via telephone.) Mr. Ward continued in Section 1 would be indicated Mr. Robert Cody in Seat 5 with 39 votes; Section 2 would indicate the term would expire in November, 2020. (The record will reflect that Mr. Ward stated 29 votes, however the count is correct at 39, and attached to these minutes is the analysis of the votes, proxies and ballots which total 39 votes.) Mr. Ward called for a motion. Motion was made by Mr. Oliver and seconded by Mr. Zotter to approve Resolution 2018-8 as described above, and with all in favor, the motion was approved. Wentworth Estates Community Development District May ID. 2(►18 1 6 I 1. 4. Consideration of Resolution 2018-9 Re-Designating the Officers of the Wentworth Estates Community Development District Mr. Ward informed the Board of the current officers, which included Mr. Newcomb as Chair, Mr. Oliver as Vice Chair, Mr. Ward as Secretary/Treasurer, and Mr. Negip and Mr. Zotter as Assistant Secretaries. After a brief discussion, the Board decided to continue with the current officers and to add Mr. Cody as Assistant Secretary. Motion was made by Mr. Oliver and seconded by Mr. Zotter to approve Resolution 2018-9 as described above, and with all in favor, the motion was approved. 5. Consideration of the Minutes of the February 8, 2018 Meeting Mr. Ward said the minutes had been previously distributed and asked if there were any additions, corrections, or deletions. Motion was made by Mr. Zotter and seconded by Mr. Negip to approve the minutes of the February 8, 2018, meeting, and with all in favor, the motion was approved. 6. Consideration of Resolution 2018-10 Approving the Proposed Fiscal Year 2019 Budget and setting the Public Hearing on Thursday, August 9, 2018 at 8:30 a.m. at the TPC Tour Club, 9800 Treviso Bay Boulevard, Naples, Florida Mr. Ward stated this was the first budget with respect to the refinancing of the Series 2006 Bonds. He began with Page 6 of the Budget in the Assessment Rate Schedule and explained there was a change in rates, which were lower due to the refinancing. He said other than that, the rest showed the flow of funds, which was how the revenue was coming in and the principal and interest on the bonds being paid and an amortization schedule. It was asked if the rates were the numbers Mr. Ward was expecting with the refinancing. Mr. Ward responded these were the numbers he expected. He continued Page 1, General Operations, showed the District was slightly short on cash, and so the rate in the current year had been $162.47, which he had increased to $176.12, just under the cap rate. He reported this would give roughly $50,000 in cash going into the following year. 3IPage 16 I Wentworth Estates C'omrnunit) De\elopment District May 10. 201 ti He said approximately 90% of the operating cost went out in the first three months, which included the insurance for the bridge ($60,000) and the property appraiser ($60,000); of the $260,000 budget, $120,000 was going out in the first three months. He said there had been no changes in any of the programs. Mr. Ward reported one change. He explained a question had been raised to the District with respect to an inspection of the bridge itself. An inspection had been done in 2011. In order to obtain insurance for the bridge, now was a good time for a re-inspection, and so he had included funds to inspect the bridge. He said it would include doing a load bearing rating. It was asked if the bridge inspection would cover everything about the bridge. Mr. Ward responded it was a structural inspection. A comment was made it was rumored the bridge had been built originally to be over dry land. The Board was assured by an individual who had seen the plan drawings that it had been designed to be over water. Mr. Axelrod said many residents had raised concerns at town hall meetings about the bridge. He said he would like to see the CDD treat the bridge as if it were a bridge over a public roadway and require it to comply with DOT regulations requiring an inspection every two years. The Board responded this was an important suggestion which should be taken under consideration and be consulted with counsel and the manager to understand it more fully. Mr. Newcomb stated it would be important to have the bridge inspected prior to the turnover so Lennar could be held responsible for repairs. Mr. Ward responded the bridge was constructed by the prior developer and acquired and owned by the CDD and so Lennar would not have any liability. Mr. Axelrod said he disagreed that Lennar had no responsibility for the bridge because Lennar was responsible for any deficit funding of the HOA, which was responsible for bridge maintenance. 4 161 Wentworth Estates Community Development District May 10. 2018 Mr. Helmer said he was getting questions in regard to the sale of the property and the possible use by heavier vehicles of the bridge. He said there was an HOA website for homeowners only, and he was going to keep notes about updates from meetings such as this one. He said homeowners' concern was Shadi of Naples was able to bring trucks over the bridge where there were pavers, and this would have an impact. He stated he agreed with Mr. Axelrod that the bridge should meet FDOT standards. He said if the construction road was no longer available for use by Shadi of Naples and the bridge had to be used by bigger vehicles, it would have an impact on the property owners' tax bill. Mr. Ward said with the load bearing inspection and signage, restrictions could be made as long as the restrictions were in accordance with the inspection. The imposition of a toll for trucks was suggested, but it was decided this would be difficult to do, but perhaps if the bridge was damaged in some way, a claim could be brought. It was decided this would be difficult to do as well. Mr. Ward stated there was one alternative available through the General Assessment program: If it was found there was excessive use which was causing excessive wear and tear by the heavy vehicles, then on a yearly basis assessments on the property could be increased. It was commented the bridge needed to be inspected as soon as possible as this was key and could limit the size of vehicles which could travel over the bridge. Mr. Keyser said the proposals solicited for the bridge inspection included recommendations for maintenance and inspection. He said he would urge the Board to weigh and consider those recommendations along with resident concerns prior to adopting any policies on maintenance. Mr. Keyser was asked how long the inspection process could take, and he said probably a month. He said the report would include an actual inspection, an inspection report, a load rating, and recommendations on maintenance and upkeep Mr. Ward said as soon as the cash was available, he would order the inspection. Mr. Helmer said as part of Turnover preparation, funds had been raised and there may be a surplus which could be advanced to the CDD for the inspection. Mr. Ward stated he did not see any legal reason this could not be done. page 611 Wentworth Estates Community l)ex elopmcnt District May 10, 201 1.1 Mr. Helmer said he would bring this up at the steering committee today. Mr. Ward was asked when he thought the CDD would have the funds to do the inspection. He responded not until December. Mr. Ward was asked if payment in advance was required, and he responded it would be paid after the reports were received. An audience member said the timeline for the inspection was urgent as he had been notified Lennar had requested a turnover earlier than anticipated. The turnover from Lennar to the Master Association would be sometime in September. It was stated one of the things being considered was to request whoever was engaged to do the inspection, as part of the contract to accept payment in December and do the work now. This would be in the event the Turnover Committee could not advance the funds for the inspection. Clarity was asked for concerning the responsibility of the bridge in terms of after the inspection. It was asked if Lennar would have any responsibility whatsoever with any deficiencies in the bridge. Mr. Ward responded if there was a material defect in the bridge, that was caused after the last inspection, then Lennar may hold some responsibili ty for not notifying the CDD. He said Lennar did not build the bridge; it was built by the prior developer. He said their liability was very limited, and the inspection in 2011 showed no structural defects. He said the possibility of there being any material defects was remote. The point was made that the community and the residents owned the bridge and were responsible for it. Mr. Ward indicated there were no problems in 2011 and he doubted there would be any in 2018. It was said the bigger issue was if there was a safety problem, it needed to be addressed. Mr. Cody asked if one inspection would satisfy the needs of both the CDD and the HOA. 6IPage Wentworth Estates Community De\elopment District May 10, 2018 1b I Mr. Ward responded the HOA had asked for the load bearing rating, which had been included. Mr. Helmer said there was an issue with the impact of the load bearing on the pavers, and this needed to be considered by the inspectors. He informed the Board the building of a hotel on site was being considered; and if this happened, many heavy vehicles would use the bridge. Mr. Axelrod said he thought the issue was continued construction at Treviso Bay by Lennar and Sunwest. He said there was ingress and egress to the site via Route 41. He said he did not think the issue was construction traffic. He said he had had a meeting with Frank Rizzo at this intersection with a FDOT engineer who informed them that the construction entrance was originally opened under a temporary permit which more than likely had expired. He said the engineer would be getting back to them about the issue, but he thought the FDOT would be amenable. If Shadi of Naples, the landowner now, was amenable to further application to keep this road open, it could be open for up to two years. A discussion of this issue continued. Mr. Helmer said Shadi of Naples, Mohammed Rahman, had said he was an investor, and he would be willing to consider selling a portion of that land for investment purposes. Mr. Helmer was asked what portion of the property Mr. Rahman was considering. Mr. Helmer responded he did ask, and an example would be from the road to the hedge which separated that portion of the property from the actual sales center. It was suggested the steering committee representing the HOA could discuss with Mr. Rahman that eventually the HOA would be interested in purchasing part of the property. The comment was made this conversation should occur after the turnover took place; and right now, the committee was doing due diligence. Mr. Ward explained the CDD could have purchased the property before the refinancing, but now there was no opportunity to do so. Mr. Ward asked if all matters pertaining to the bridge has been discussed. Further comment was made concerning the load rating. It was said the inspector would assess the bridge and decide the maximum load carrying capacity, and that was it. Then 7 Wentworth Estates Community Development District May 10. 20I k — it would up to the Board to post signage. He said that would be another issue to figure out. Mr. Ward called for a motion to adopt the resolution, then acknowledged the Mr. Helmer. Mr. Helmer asked why there wouldn't be an opportunity for a bond supplemental. Mr. Ward responded due to the covenant the CDD in it's most recent bond issue, we could not issue any further parity debt on the land and the debt would have to be subordinate. He said there was no way to do a CDD financing with subordinate debt at a reasonable rate. Motion was made by Mr. Oliver and seconded by Mr. Zotter to adopt Resolution 2018-10 as described above, and with all in favor, the motion was approved. 7. Consideration of Resolution 2018-11 Accepting Certain Conveyances from the Developer, Lennar Homes, LLC, Relating to Property within the District Mr. Ward explained when refinancing for the bond issue, staff had begun the work of looking at all of the properties in the boundaries of the District, along with the developer. He said they were trying to determine which properties needed easements, on which the CDD had facilities, and which properties needed deeds, etc. He reported through the extremely hard work of Mr Urbancic and Mr. Keyser, and most recently, Mr Caldwell, all of the necessary documents had been put together for the District to take by title for all of the properties within the District. He asked Mr. Urbancic and Mr. Keyser to review these documents. Mr. Urbancic stated in Resolution 2018.11, it contemplated the Board to accept two different items. One was a Quitclaim Deed, which was a deed for all the properties which were either dedicated by plat or had not had a deed to complete the dedication. He said a list of these properties was included. A question was asked concerning who was paying the taxes on these properties. Mr. Urbancic replied most were designated as common areas and there was no taxable value. Mr. Urbancic continued the other aspect was a drainage easement for a certain portion of the facilities related to the golf course, GC 1, GC 2, GC 3. He said there was an area Wage Wentworth Estates Community Development District May 10. 2018 1 pipe on GC 5, which was a maintenance facility and still needed a legal description to be complete for an easement. Mr. Urbancic concluded these were the two documents which were part of the resolution which needed to be approved today subject to Mr. Keyser reviewing the final legal description for GC 5 tract. Mr. Keyser explained the map and said the orange color on the map was easement which had been conveyed. He said the remainder of the golf course was going to be an easement and was presently for consideration. He added the lakes in the golf course were currently easements and now ownership would be conveyed to the CDD, which included 7 lakes and 5 water treatment areas, which were in blue on the map. He said the preserve areas were in yellow and were deeded to the District by plat and were being conveyed currently. He said in preserve area 4, there were two cart paths which went through CDD preserve area and easement documents had been prepared which would be conveyed to the golf course prior to the deeding of the parcel to the District. Mr. Urbancic commented the conveyance to the golf course had already been done. Mr. Ward called for questions. A question was asked about what exactly was being done here as far as the property being conveyed. Mr. Keyser responded his understanding was the CDD currently had responsibility for these areas; and it was clarifying some of the blurred lines to make sure that if there was a responsibility for maintenance, there also was ownership of the property being maintained. Mr. Urbancic explained stated this was for legal purposes as the CDD already had what was a kin to an easement right. This resolution was cleaning up everything from a property perspective and a property tax roll perspective. He said it was already dedicated to the CDD and nothing was being changed. Hearing no further questions, Mr. Ward called for a motion. Motion was made by Mr. Oliver and seconded by Mr. Negip to adopt Resolution 2018-11 as described above, and with all in favor, the motion was approved. Wentworth Estates Community Development District May 10, 20181 6 ' 8. Staff Reports I. Attorney -No report given. II. Engineer -No report given. III. Manager Mr. Ward stated the statute required the Supervisor of Elections in the County in which the District was located to provide, as of April 15 of each year, the number of registered voters within the District. He said it became significant when two thresholds were reached. One was 250 qualified electors and the second was six years from the date of establishment. He reported both thresholds had been met. He said there were 591 registered voters and Mr. Negip's seat would be the last seat which would go up for election in November, 2018, and would transition to a qualified elector based election seat at that point. He said the Board would be fully transitioned at that point from a landowner board to a qualified elector based board. 9. Audience Comments and Supervisor's Requests Mr. Ward called for any supervisor requests or audience comments. A question was asked about ownership of landscape irrigation, and the answer was probably the HOA, not the CDD. 10. Adjournment ,Motion was made by Mr. Oliver and seconded by Mr. Negip to adjourn the meeting, and with all in favor, the motion was approved. The meeting was ended at 10:02 a.m. Wentworth Estates Community Development District 71-j mes P. Ward, Secretary Joseph Newcomb, Chairman 10 A € 1 1 OATH OR AFFIRMATION OF OFFICE I, /5t/-J' (26"1 , a citizen of the State of Florida and of the United States of America, and being an officer of the Wentworth Estates Community Development District and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me as a member of the Board of Supervisors of the Wentworth Estates Community Development Distr'ct,Coll' r County, Florida. U S. nature Printed Name: : t- ( /:-0�i STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) before me this day of ``.'i`:-I , 2018, by o.zoit G'o.7 , whose signature appears hereinabove, who is personally known to me or who produced as identification. Q A'��n/ NOTARY UBLIC STATE 6F FLORIDA Print Name: JAMES P.WARD '• .:Commission P FF 966306 es Mazth 1,2D20 ' My Commis?r: `i�T.:,r,,52,.,�„�ooa,esre,s. ✓3 16 � t~ MINUTES OF LANDOWNER'S MEETING WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT The Landowner's Meeting of the Wentworth Estates Community Development District was held on Thursday, March 12, 2015, at 9:00 a.m., at the Treviso Bay Sales Trailer, 9014 Tamiami Trail East, Naples, Florida 34113. Landowners Russell Smith Joe Newcomb Staff: James P. Ward District Manager Greg Urbancic District Counsel Others: Dalton Drake Lennar Homes Michelle May Lennar Homes David Negip Lennar Homes FIRST ORDER OF BUSINESS Call to Order Mr. Ward called the meeting to order at 9:30 a.m. SECOND ORDER OF BUSINESS Election of a Chairperson for the purpose of conducting the Landowners' Meeting Mr. Ward stated and with landowner's present you may elect a person to serve as your Chairperson or I will be glad to continue on in that roll during this meeting. Mr. Smith stated that we can proceed under the later course of that recommendation. THIRD ORDER OF BUSINESS Election of Supervisors . a. Determination of the number of voting units represented or assigned by proxy Mr. Ward stated that I have one proxy from Lennar Homes, appointing Russell Smith from Lennar Homes to vote 412 votes at today's meeting, and I know Mr. Newcomb is with 1 1Page 1611 WENTWORTH ESTATES CDD March 12, 2015 us today and he is a property owner in the District and represents one vote today, and the record will reflect that there are no other landowner's present. b. Nominations for Supervisors (Three positions) Mr. Ward stated there are three (3) positions up for election today, Mr. Newcomb's seat, the vacancy created by the resignation of Mr. Burdett, and Ms. Michelle May's seat, as such, it would be appropriate for the landowner's to nominate three individuals to serve on the Board of Supervisor's. Mr. Smith stated that he would nominate Mr. Newcomb, Ms. May and Mr. David Negip. Mr. Ward asked if there were any other nominations, and hearing none. Mr. Ward stated that he will provide Mr. Smith with the official ballot and noted that the two individuals receiving the highest number of votes will serve a four (4) year term and the one individual receiving the least amount of votes will serve the two (2) year term. Each individual can receive up to 412 votes. Mr. Smith asked if he has 411 or 412 votes. Mr. Ward responded that you have 412 votes. Mr. Ward asked Mr. Newcomb if he would like to vote at today's meeting. Mr. Newcomb responded that he did not want to vote at today's meeting. c. Casting of ballots Mr. Ward provided Mr. Smith an official ballot to fill out. d. Ballot tabulations and result Mr. Ward stated for the record that Mr. Smith has returned the official ballot, and Mr. Negip and Mr. Newcomb received 412 votes, Ms. May received 405 votes, and those three (3) individuals will be sworn in at the meeting being held just subsequent to today landowner's meeting. FOURTH ORDER OF BUSINESS Landowners' questions or comments Mr. Ward asked if their were any landowner's questions or comments. Their were none. 21Page 161 1 WENTWORTH ESTATES CDD March 12,2015 FIFTH ORDER OF BUSINESS Adjournment Mr. Ward adjourned the meeting at 9:32 a.m. Qo4/ Jame . Ward, Secretary 3IPagc OFFICIAL BALLOT 16 ' 1 WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING—MARCH 12,2015 For Election (3 Supervisors): The two (2) candidates receiving the highest number of votes will each receive a four (4) year term, and the remaining candidate shall receive a two (2) year term, with the term of office for each successful candidate commencing upon election. The undersigned certifies that the undersigned is executing this Official Ballot in his or her individual capacity as landowner, or in his or her capacity as an authorized representative of the entity named below as landowner, (hereinafter, "Landowner") and that Landowner is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Wentworth Estates Community Development District and described as follows: Property Description Acreage [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this ballot is: L{ ( Z I, VAL/ tl\mi in my individual capacity as Landowner; or in my capacity as an authorized representative of Landowner, an entity; or as the proxy holder pursuant to the Landowners Proxy attached hereto, do cast my votes as follows: NAME OF CANDIDATE NUMBER OF VOTES 1. 2. ► tp 412 . 3. i L �l� e Wkrai 311� [ 2a Date: ! 5 Signe . Printed Nam'e: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto.(e.g.,bylaws,corporate resolution,etc.). i61 1 LANDOWNER PROXY WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—MARCH 12,2015 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: Ste- G ( rest i 411 Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Wentworth Estates Community Development District to be held at the Treviso Bay Sales Trailcr, 9014 Tamiami Trail East, Naples, Florida 34113 on March 12, 2015 at 9:00 A.M.; said meet ng published in a newspaper in Collier County; and at any adjournments thereof, acco .ing to the number of acres of unplatted land and/or platted lots owned by the unde !igned landowner which the undersigned would be entitled to vote if then personally prese upon any question, proposition, or resolution or any other matter or thing which may come fore said meeting including, but not limited to, the election of members of the Board of Supervk ors and may vote in accordance with their discretion on all matters not known or determ`ed at the time of solicitation of this proxy, which may legally come before the meeting. Any prox . heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to cont e in force from the date hereof until the conclusion of the landowners meeting and any adjou , ent or adjournments thereof, but may be revoked at any time by notice thereof, in writing, .I:d with the Secretary of the Wentworth Estates Community Development District. Signature c°�✓► �LVt.t.f 12 to gal 14 Print Name ` Date Property Description Acreage SEE ATTACHED EXHIBIT 1 [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto.(e.g., bylaws,corporate resolution,etc.). 1611 ►- z 0 0 J O .-1 S. G M N M aa M O .4 -• -, e I .-1 .•.. - N m •r N tD N OO 7' .-, - Y .l, ,A N D N u1 . V .-, .- .-, N '+1 .4 V1 l0 N II 86 ,d66 N W t7 to t7 .7 m m m m m m m 11 ♦- Z Z Z Z J .., J J r J J J J -J J -J J J J J Z 2 z z z z Z Z Z W L. w U. L. w U. ,u U. W W W w '-U W W W W O N •V g N N N N N N N N N N N N y N N NN N N N O •", N N N N N N N N N < Z Z Z Z Z Z Z Z z Z W W L, Z Z Z w Z Z Z Z Z 4 V Q � W W W w W w W W ,.. W W W W W W W W W � � Z .Z Z 2 Z Z Z Z Z W 4 4 u. Y. U. U. U. U. U. L. U. U. U. � U. U. 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M O � »2 � a e d 3 cH. vuuu J J J J J J J J J tel 1.01 N tel VI UJ W Ili Las UJ 0 0 0 0 0 _ _ _ _ _ fY CC C4 re cc a a a a Q z z z z z z z z z z UJ UJ UJ UJ UJ .-I SD N h N N N N O ID 1 .�-1 O sqr0 00 Q O O 0 Cm } 8 a0 u 2 a tb ' 1 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS' MEETING The Landowners' Meeting of the Flow Way Community Development District was held on Tuesday, November 11, 2014, at 1:30 p.m., at the Offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. Landowners: John Asher Esplanade of Naples, LLC Staff: James P. Ward District Manager Greg Urbancic District Counsel David Wilems District Engineer Others: Keith Berg Taylor Morrison Stephen Reiter Taylor Morrison Sal Simonetti Taylor Morrison FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Ward called the meeting to order at 1:45 p.m. SECOND ORDER OF BUSINESS Election of Chairperson for the purposes of conducting the Landowners Meeting Mr. Ward stated Mr. Asher since you are the sole landowner present, you can appoint someone to conduct the meeting today, or I'll be glad to do that for you. Mr. Asher stated I would elect Mr. Ward to be the Chairperson. THIRD ORDER OF BUSINESS a) Determination of the number of voting units represented or assigned by proxy No Discussion b) Nominations for Supervisors (Three positions) Mr. Ward stated the purpose of the meeting today is to elect three members to serve on the Board of Supervisors. We have seat one, which is vacant, seat two, which is held by 1 IPage FLOW WAY CDD November 11, 2014 161 1 Mr. Reiter, and seat five by Mr. Simonetti. It would be appropriate for you (Mr. Asher) to nominate three individuals to serve on the Board. Mr. Asher stated for seat one, I would nominate Tony Burdett, seat number two, I would like to re-nominate or reappoint Mr. Reiter,and for seat three, Mr. Simonetti. c) Casting ballots Mr. Ward stated I'm going to provide to you a copy of the official ballot. I'll ask that you fill it out, remembering that the two individuals receiving the highest number of votes will serve a four-year term, and the individual serving the two-year term will receive the lesser number of votes. Mr.Asher stated here's the ballot. d) Ballot tabulations and results Mr. Ward stated the record will reflect that Mr. Burdett and Mr. Reiter received 226 votes, and Mr. Simonetti received 220 votes, so those individuals will be sworn in at the regular meeting that is being held just subsequent to today's meeting. FOURTH ORDER OF BUSINESS Landowners questions or comments Mr. Ward asked any questions form the landowners? Mr.Asher stated no questions. FIFTH ORDER OF BUSINESS Adjournment Mr.Ward adjourned the meeting at 1:47 p.m. James P. Ward Secretary 2I % 611 OFFICIAL BALLOT FLOW WAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING—NOVEMBER 11,2014 For Election (3 Supervisors):The two (2) candidates receiving the highest number of votes will each receive a four (4) year term, and the remaining candidate shall receive a two (2) year term,with the term of office for each successful candidate commencing upon election. The undersigned certifies that the undersigned is executing this Official Ballot in his or her individual capacity as landowner,or in his or her capacity as an authorized representative of the entity named below as landowner, (hereinafter, "Landowner") and that Landowner is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Flow Way Community Development District and described as follows: Property Description ,SEE Exiwj r l'r Acreage [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this ballot is: 2 ZG I, 0-5//4/ Wst-/Ee , in my individual capacity as Landowner; or in my capacity as an authorized representative of Landowner, an entity; or as the proxy holder pursuant to the Landowners Proxy attached hereto,do cast my votes as follows: NAME OF CANDIDATE NUMBER OF VOTES 1. -MAN /3Okde/ Z24 /2. S7ep4Cm I 'eifL e 22G 3. SAj S!/mane-7v Z20 Date: f/`1/ /7 Signed: 041—,6 Printed Name. TbNw ASNER NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto.(e.g.,bylaws,corporate resolution,etc.). LANDOWNER PROXY 1 6 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS MEETING—NOVEMBER 11, 2014 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: /OHN 4SHER Proxy holder For and on behalf of the undersigned to vote as proxy at the meeting of the Landowners of the Flow Way Community Development District to be held at the offices of Coleman, Yovanovich & Koester, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to,the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy,which may legally come before the meeting. Any proxy her tofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue ' force from the date hereof until the conclusion of the landowners meeting and any adjourn r journments thereof, but may be revoked at any time by notice thereof, in writing, f it e Secretary of the Flow Way Community Development District. Sig_riatti jOH^/ S. K&Mprrd /t/7//Ll Print Name Date Property Description Acreage SEE ATTACHED EXHIBIT 1 [Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.] The number of authorized votes for this proxy is: 2Z6 NOTE: If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity,evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto.(e.g.,bylaws,corporate resolution,etc.). 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Inc., a Florida profit company ("Petitioner"), hereby submits this Petit ion to the Board of County Commissioners of Collier Ch pie ty, Florida, pursuant to the Uniform Community Developmea190, Florida Statutes, to t District Act of 1980,establish a Community Development District with respect to the land described herein. In support of this Petition,Petitioner states as follows Collier County, Florida, Loon and ize. proposed District is located in 1. The " „ eneral location of the de and contains approximately 516.28 acres. Exhibit 1 pboundaries of the District is set project. The metes and bounds description of the external forth in Exhibit"2". t d hereto as Exhibit "3" and made a part hereof in Z. Landowner Consen s Attache to be included within the this written consent of the owner of l00% of the real property District. proposed name of the District to be established is Currents 3, N_at e- The pro P Community Development District(the'`District"). Init l Boa M b e . The five person designated to serve as initial members of 4, ervisors of the proposed District are as fo ows: the Board of Sup 2.Ryan Futch 1. John Wollard 4.Timothy Martin 3,Andrew Miller 5. Richard Brown 16L1 ` All of the above listed persons are located at 551 Cattlemen Road. Suite 200, Sarasota, Florida 34232, are residents of the State of Florida and citizens of the United States of America. 5. Existing Land Uses. The existing land uses within and abutting the proposed District are depicted in Exhibit "4". The adjacent property to the west is zoned Marco Shores/Fiddler's Creek PUD. The adjacent property to the east is zoned Agricultural and Village Residential. The adjacent property to the north is zoned Agricultural. Industrial. C-5 and C4. The adjacent property to the south is zoned Marcc Shores/Fiddler's Creek PUD. The lands within the proposed District are zoned Marco Shores/Fiddler's Creek PLED. 6. Future Land Uses. The future general distribution, location and extent of the public and private land uses proposed within the District are shown on Exhibit "5", These proposed land uses are consistent with the state comprehensive plan and Collier County Comprehensive Plan. The proposed development of the lands within the District, as approved by Collier County Ordinance No. 84-42, as amended (the Marco Shores;Fiddler's Creek PUD Ordinance") contemplates the construction of approximately 1250 single and multi-family residential units on 516.28 acres. The land within the District will consist of approximately 516.28 acres. The County Future Land Use Element designates the land contained within the proposed District as Rural Fringe Mixed Use District. Exhibit "6" shows the proposed development plan for the lands within the District. 7. Major Water and Wastewater Facilities. Exhibit "7" shows the existing major trunk water mains and sewer connections serving the lands within the District. Exhibit "7" also depicts the major outfall canals and drainage system for the lands within the proposed District. 8. District Facilities and Services. The Petitioner presently intends for the District to participate in the funding and construction of the following described improvements: 16 I 1 a. Stormwater management; b. Water distribution; c. Wastewater collection; and d. Rights-of-way and open space improvements. Exhibit "8" describes the type of services and facilities Petitioner presently expects the District to fund, construct and install. The estimated costs of construction are also set forth in Exhibit "8". The proposed timetable for construction is shown in Exhibit "9". These are good faith estimates but are subject to change. Actual construction timetables and expenditures will likely vary, due in part to the effects of future changes in economic conditions upon costs such as labor, services, materials, interest rates and market conditions. 9. Statement, of estimated Regulatory Costs. Exhibit "10" is a Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes. 10. Petitioner and Authorized Agent. The Petitioner is Taylor Morrison of Florida, Inc., a Florida profit company, whose address is 4900 N. Scottsdale Road, Suite 2000, Scottsdale, AZ 85251. Copies of all correspondence and official notices should also be sent to the authorized agent for the Petitioner: Coleman,Yovanovich&Koester, P.A. Attn. Richard D. Yovanovich, Esq. 4001 Tamiami Trail North,Suite 300 Naples, Florida 34103 Phone:(239)435-3535 Fax: (239)435-1218 11. This petition is to establish the Currents Community Development District should be granted for the following reasons: a. Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with any applicable element or 16I1 portion of the state comprehensive plan or the effective local government comprehensive plan. b. The area of land within the proposed District is part of a unified plan of development that has been or will he approved by Collier County. It is of a sufficient size and is sufficiently compact and contiguous to be development as one functional and interrelated community. c. The proposed District will be the best alternative available for delivering community development services and facilities to the area to be served without financially impacting persons residing outside the District. Establishment of the District in conjunction with a comprehensively planned community.. as proposed, allows for a more efficient use of resources. d. The community development services and facilities of the District will be compatible with the capacity and use of existing local and regional community development services and facilities. In addition. the establishment of the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District services and facilities in the future, e. The area to be served by the proposed District is amenable to separate special-district government. WHEREFORE, Petitioner respectfully requests the Board of County Commissioners of Collier County. Florida to: a. Hold a public hearing to consider the establishment of the Currents Community Development District in accordance with the requirements of Section 190.005(2)(4 Florida Statutes: and b. Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and establishing the Currents Community Development District. 1611 SUBMITTED this 2t,-r^ day of tyaec4.2019. Taylor Morrison of Florida,Inc. By: .j..._..d.. Andrew Miller,Authorized Agent 1611 I. Cammie LaRhae Longenecker, Vice President of Taylor Morrison of Florida. Inc., hereby authorize Andrew'`Drew" Miller. as Authorized Agent,in matters involving Taylor Morrison of Florida, Inc.. and/or Currents Community Development District,with any Governmental Agency, including but not limited to Collier County Board of County Commissioners. Executed this $-14‘ day of April. 2019. TAYLO MORRISON OF FLORIDA,INC. a Florid jrofit company By/Title. Vice resid nt Print: Cammie LaRhae Longenecker STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ‘ day of April,2019,by Cammie LaRhae Longenecker . Vice President of Taylor Morrison of Florida, Inc..a Florida profit company and who is personally knowp. ..me or who has produced as identification. My Commission Expires: Notary Public _,�n• iyowy Pudric S*1tS d Floridaa? N Deborah K. Beckett cpmmKsion FF�6044 Print Name of Notary Expires 08,1412019 s611 ' Letter of Purpose CYIK 4001 lomiami Trail Nar+h: Sure 300 Noples, Florida 34103 6I1 ` T. 239 435.3535 I F: 239 .135.118 cc{[MAN ; YOVANOVICH I KOESTER Email. rvovanovichuxyklawfim.cotn April 9, 2019 Via Mail Collier County Board of County Commissioner 3299 Tamiami Trail East Suite 303 Naples, Florida 34112 Dear Chairman and Commissioners: Transmitted herewith is a Petition pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, to amend the Fiddler's Creek Community Development District 42 to contract 210.003 acres of land. The District contains approximately 1059.73 acres and is located in the unincorporated area of Collier County as described in the Petition. The sole purpose is the contracted area will be combined with approximately 516.275 acres and a new Community Development District will be formed. The property within the proposed District is amenable to operating as an independent special district for the following reasons: a. Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of the effective Collier County Comprehensive Development Master Plan, as amended. b. The area of land within the proposed District is part of a planned unit development for which a development plan has been approved by Collier County, Ordinance 84- 42, as amended. The land encompassing the proposed District is of sufficient size and is sufficiently compact and contiguous to be developed as one functional interrelated community. c. The community development facilities the District proposes to finance will he compatible with the capacity and use of existing local and regional community development services and facilities. cyklawfirm.com April 9,2019 i 6 I 1 Page 2 of 2 d. The proposed District is the best alternative available for delivering community infrastructure to the area to be served because the District provides a governmental entity for delivering the infrastructure in a manner that does not financially impact persons residing outside the District. If you have any questions or require additional information, please do not hesitate to contact me, Sincerely, itd Richard D. Yovanovich, Esq. cyklawfirm.com 1611 EXHIBIT " 1 " 16114 ' NORTH frr' Z.O 40, /� n rou�e o, a �� i PROJECT ' I LOCATION -1) , 4 L�e.„s 9f 0. F_ Z • • i CDD BOUNDARY v, z4 a xo‹ oc N .../)1_,, t.____ CURRENTS EXHIBIT 1 - LOCATION MAP MI WALDROP PREPARED FOR: SICiION• TOWN SHIP• RANGE. 'LMIDALun/chnuAW1"1wnffl"" ENGINEERING TAYLOR MORRISON OF FLORIDA,INC. 13 18,19 51 25 `"""6""""' )AAIUN=I wi°eur[,wct=rEc,wc 551 NORTH CATTLEMEN ROAD CULl lEE COLT'3\' FLORIDA lama MIR4llYln10111Va•KM SARASOTw.FLORIDA 34233 FILE hAS96 JEREMY H.ARNOLD,P.E. PI NIman of-777/F.GS.a::cFi11,11 PHONE(941)371.000E FAX(91 1)371-7998 SHEETOF 13 FL LICENSE%O 68421 ($A4 wuMpPnMU +i..IwnYr.VPin 1611" ' EXHIBIT "2" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 13,TOWNSHIP 51 SOUTH, RANGE 26 EAST AND SECTIONS 18 AND 19.TOWNSHIP 51 SOUTH, RAGE 27 EAST,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 18,TOWNSHIP 51 SOUTH, RANGE 27 EAST,COLLIER COUNTY, FLORIDA.THE SAME BEING A POINT ON THE BOUNDARY OF THOSE CERTAIN LANDS DESCRIBED IN THAT SPECIAL WARRANTY DEED BETWEEN FIDDLER'S LAND INVESTOR,LLC AND TAYLOR MORRISON OF FLORIDA, INC.,MADE OCTOBER 30TH, 2018;THENCE RUN THE FOLLOWING FOUR(4)COURSE ALONG THE BOUNDARY OF LAST SAID LANDS: COURSE NO. 1:SOUTH 00°19'26" EAST, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 19,TOWNSHIP 51 SOUTH, RANGE 27 EAST. COLLIER COUNTY, FLORIDA,A DISTANCE OF 908.82 FEET;COURSE NO.2: SOUTH 89°37'25" WEST,5,121.01 FEET;COURSE NO.3: NORTH 00°22'35" WEST, A DISTANCE OF 1,364.92 FEET: COURSE NO,4: NORTH 84°46'05" WEST, 505.52 FEET TO A POINT ON THE BOUNDARY OF THOSE CERTAIN LANDS DESCRIBED IN THAT PARTITION SPECIAL WARRANTY DEED BETWEEN FC OYSTER HARBOR, LLC AND TM OYSTER HARBOR, LLC,MADE OCTOBER 30T11 2018;THENCE RUN THE FOLLOWING FORTY ONE(41)COURSES ALONG THE BOUNDARY OF LAST SAID LANDS;COURSE NO. 1: CONTINUE NORTH 84°46'05' WEST.7.72 FEET(FOR A TOTAL OF 513.24 FEET);COURSE NO.2: NORTH 77°45'48" WEST,68.76 FEET; COURSE NO.3:NORTH 88°51'30" WEST, 65.94 FEET;COURSE NO.4: NORTH 84°45'16" WEST, 595.29 FEET;COURSE NO. 5:NORTH 08°46'55" EAST. 15.19 FEET;COURSE NO. 6:NORTH 81°13'05" WEST, 86.83 FEET TO A POINT OF CURVATURE;COURSE NO. 7: SOUTHWESTERLY,40.61 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 93°04'05" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 52°14'52"WEST.36.29 FEET; COURSE NO. 8: SOUTH 05°42'49" WEST,A DISTANCE OF 16.93 FEET TO A POINT OF CURVATURE:COURSE NO.9: SOUTHWESTERLY,49.00 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET. THROUGH A CENTRAL ANGLE OF 112°17'57" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 61°5I'48" WEST,41.52 FEET;COURSE NO. 10:NORTH 61°59'14" WEST,75.11 FEET TO A POINT OF CURVATURE;COURSE NO. 11:NORTHERLY,42.43 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE EASTERLY,HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 81°02'25" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 2I°28'01" WEST, 38.98 FEET TO A POINT OF REVERSE CURVATURE;COURSE NO. 12;NORTHWESTERLY,213.13 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 90.00 FEET,THROUGH A CENTRAL ANGLE OF 135°41'08" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 48°47'22" WEST, 166.71 FEET TO A POINT OF REVERSE CURVATURE:COURSE NO. 13: WESTERLY. 61.99 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 65.00 FEET,THROUGH A CENTRAL ANGLE OF 54°38'43" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 89°18'35" WEST, 59.67 FEET;COURSE NO. 14:NORTH 61°59'14"WEST,36.90 FEET;COURSE NO. 15:NORTH 21°37'59" EAST,250,74 FEET TO A POINT OF CURVATURE;COURSE NO. 16:NORTHERLY. 121.17 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE WESTERLY. HAVING A RADIUS OF 230.00 FEET, THROUGH A CENTRAL ANGLE OF 30°11'06" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 06°32'26" EAST, 119.77 FEET TO A POINT OF REVERSE CURVATURE; 16 1 COURSE NO. 17:NORTHERLY,34.24 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 65.00 FEET,THROUGH A CENTRAL ANGLE OF 30°11'06" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 06'32'26" EAST, 33.85 FEET;COURSE NO. 18: NORTH 21°37'59" EAST. 100.89 FEET TO A POINT OF CURVATURE;COURSE NO. 19:NORTHERLY, 162.28 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE WESTERLY. HAVING A RADIUS OF 1,190.00 FEET, THROUGH A CENTRAL ANGLE OF 07°48'48" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH I7°43'35" EAST, 162.15 FEET TO A POINT OF REVERSE CURVATURE:COURSE NO.20: NORTHERLY, 138.92 FEET ALONG THE ARC OF A CIRCULAR CURVE.CONCAVE EASTERLY, HAVING A RADIUS OF 510.00 FEET,THROUGH A CENTRAL ANGLE OF 15°36'23" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 21°37'22" EAST, 138.49 FEET TO A POINT OF REVERSE CURVATURE; COURSE NO,21: NORTHERLY.376.91 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE WESTERLY.HAVING A RADIUS OF 890.00 FEET.THROUGH A CENTRAL ANGLE OF 24°15'51"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 17°17'38" EAST,374.10 FEET TO A POINT OF REVERSE CURVATURE: COURSE NO.22. NORTHEASTERLY. 56.89 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY,HAVING A RADIUS OF 50.00 FEET,THROUGH A CENTRAL ANGLE OF 65°11'08" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 37°45'17" EAST,53.87 FEET;COURSE NO.23: NORTH 68°59'19" EAST,25.61 FEET;COURSE NO. 24: SOUTH 51°48'02" EAST, 171.93 FEET TO A POINT ON A NON-TANGENTIAL CURVE;COURSE NO.25: NORTHEASTERLY, 143.41 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY,HAVING A RADIUS OF 895.00 FEET,THROUGH A CENTRAL ANGLE OF 09°10'51" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 44°I 1'54" EAST, 143.26 FEET TO A POINT OF REVERSE CURVATURE;COURSE NO.26: NORTHEASTERLY, 157.90 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 668.60 FEET,THROUGH A CENTRAL ANGLE OF 13°31'53" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 42°01'23"EAST, 157.53 FEET TO A POINT OF COMPOUND CURVATURE;COURSE NO.27: NORTHEASTERLY, 185.88 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 500.00 FEET.THROUGH A CENTRAL ANGLE OF 21°18'01"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 24°36'26" EAST, 184.81 FEET;COURSE NO, 28:NORTH 13°57'25" EAST. 434.86 FEET TO A POINT OF CURVATURE; COURSE NO.29: NORTHEASTERLY.389.88 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE SOUTHEASTERLY,HAVING A RADIUS OF 495.00 FEET,THROUGH A CENTRAL ANGLE OF 45°07'42" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 36°31'I6"EAST, 379,88 FEET TO A POINT OF REVERSE CURVATURE;COURSE NO. 30: NORTHEASTERLY. 151.58 FEET ALONG THE ARC OF A CIRCULAR CURVE.CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET,THROUGH A CENTRAL ANGLE OF 57°54'01"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 30°08'06" EAST, 145.21 FEET TO A POINT ON A NON-TANGENTIAL CURVE;COURSE NO. 31; EASTERLY, 303.95 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHERLY. HAVING A RADIUS OF 255.00 FEET, THROUGH A CENTRAL ANGLE OF 68`17'37" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 72°41'19" EAST.286.27 FEET TO A POINT OF REVERSE CURVATURE; COURSE NO.32: NORTHEASTERLY,214.76 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF 250.00 FEET.THROUGH A CENTRAL ANGLE OF 49°13'09" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 63°09'05" EAST,208.22 FEET TO A POINT OF REVERSE CURVATURE:COURSE NO. 33: 1fi11 NORTHEASTERLY.248.23 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 210.00 FEET,THROUGH A CENTRAL ANGLE OF 67°43'34"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 53'53'52" EAST, 234.03 FEET TO A POINT OF REVERSE CURVATURE;COURSE NO. 34:NORTHEASTERLY. 122.11 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 100.00 FEET,THROUGH A CENTRAL ANGLE OF 69°57'55"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 55°01'02"EAST, 114.67 FEET TO A POINT OF REVERSE CURVATURE;COURSE NO.35: EASTERLY, 57.32 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHERLY, HAVING A RADIUS OF 100.00 FEET. THROUGH A CENTRAL ANGLE OF 32°50'27" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 73°34'46" EAST. 56.54 FEET;COURSE NO. 36:NORTH 57°09'32" EAST, 115.02 FEET; COURSE NO.37:NORTH 04°35'06" WEST. 86.36 FEET TO A POINT ON A NON-TANGENTIAL CURVE;COURSE NO. 38: NORTHEASTERLY,528.63 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 830.00 FEET,THROUGH A CENTRAL ANGLE OF 36°29'32"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 66°47'03" EAST, 519.74 FEET TO A POINT OF REVERSE CURVATURE;COURSE NO. 39: EASTERLY, 403.75 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE SOUTHERLY. HAVING A RADIUS OF 300.00 FEET,THROUGH A CENTRAL ANGLE OF 77'06'37"AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 87°05'36" EAST,373.96 FEET;COURSE NO. 40: NORTH 35°38'54" EAST, A DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL(U.S.41);COURSE NO.41: SOUTH 54°21'06" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,A DISTANCE OF 859.24 FEET TO A POINT ON AFOREMENTIONED LANDS DESCRIBED IN THAT SPECIAL WARRANTY DEED BETWEEN FIDDLER'S LAND INVESTOR,LLC AND TAYLOR MORRISON OF FLORIDA, INC., MADE OCTOBER 30'", 2018;THENCE RUN THE FOLLOWING THREE(3)COURSES ALONG THE BOUNDARY OF LAST SAID LANDS;COURSE NO. l, CONTINUE SOUTH 54°21'06"EAST. ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,2,779.06 FEET(FOR A TOTAL DISTANCE OF 3,638.30 FEET);COURSE NO. 2: SOUTH 54°23'36"EAST ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE,953.19 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 18;COURSE NO. 3: SOUTH 00°31'32" WEST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 18. 1,272.89 FEET TO THE POINT OF BEGINNING. CONTAINING 22,488,941 SQUARE FEET OR 516.275 ACRES,MORE OR LESS. 1611 EXHIBIT "3 " 1611E EXHIBIT 3 EVIDENCE OF WRITTEN CONSENT OF OWNER'S CONSENT TO ESTABLISHMENT OF CURRENTS COMMUNITY DEVELOPMENT DISTRICT TAYLOR MORRISON OF FLORIDA,INC., ("Owner"), by and through its authorized representative Andrew Miller, Authorized Agent. hereby certifies that it is the owner of certain property located in unincorporated Collier County. Florida. more particularly described on Schedule A hereto (the "Property"). By signing below, the Owner hereby gives its full consent to the establishment by Collier County, Florida of the CURRENTS COMMUNITY DEVELOPMENT DISTRICT (the "District") in accordance with Section 190.005, Florida Statutes,and to the inclusion of the Property within the boundaries of the proposed District. The Property comprises 100%of the property to be included within the boundaries of the proposed District. IN WITNESS WHEREOF,the undersigned has hereunto set his hand this 10th day of April. .019. TAYLOR MORRISON OF FLORIDA, INC., a Florida profit company By: Andrew Miller, Authorized Agent STATE OF FLORIDA ) COUNTY OF COLLIER The foregoing instrument was acknowledge before me this loth day of April, 2019, by Andrew Miller,Authorized Agent of Taylor Morrison of Florida, Inc.. who is personally known to me [ X ] or produced as identification. Notary Public Signat 16frnilA Printed Name: Jessica K. L n �tme .� �May ComAsu iepmFstra m;al rifnida 8aa- n02Eexy rF'eu9Notary Stamp b3�ir {611 EXHIBIT "3A" "' it LEGEND NORTH ,�MO1 COD BOUNDARY ,�,., PROPOSED LAKE SCT IC.-ALE PROPOSED SPREADER LAKE -•1 PRESERVE r_ _ STORM PIPE INTERCONNECTS ❑ INLET A FLARED END Q JUNCTION BOX T-if/.4,. T • CONTROL STRUCTURE Ir♦ `-te I ♦ °7i e, „.. -4_1=l!r.. --.‘, .' 4.,' : -:', P,'::-r; .•1',-11..„ 44: .-N'--166 .. %• . ---..j2.-1,_ i'•'7,-;-P.\l',..1',... '.... ': ' 1 . 7-1.,, :r ,•1/. Is: ii_F:46-. • . -, 1 - '- '‘‘., •'-s.-r....);„?'•,,..-:". _f•-•_c z`iNri j--1,.. , cr _iN/..."..\\ it--..„. -•RF T,. � L' , ' /*/ ' ,•',.. -----__,R frirr,.. jo. ,, ...:.. ,,,-_,4,P,. ,,,. rrji:. /1„zz,Pt-.., _ 't, ' 1 ..•• .,Ttf, •rt-' . :- . • ".,.." ,(,••J'-' r ''.. - 1 r� •!' "�--:k • ' ' . .-? 1 ,•PRESERVE 112 i t '' iIJ . I-.' r, NNN � l � r I. 1 ( 11 • II f COD BOUNDARY 11 `� - (�J • r ir `r, `:,-. 1 . I J - 11 -I�., C. 1 f' I i!. 11 I LI _ .. 1 ii, , 4., ,.4t lie . _ ..mie.rta II 11 CURRENTS OF NAPLES EXHIBIT 3A - STORM WATER MANAGEMENT I WALDROP PREPARED FOR: SECTION: TOWNSHIP. RANGE "'''°''"1'''''c•""'wr"""i'n°14" ' RENGINEERING ESTANCIA COMMUNITY DEVELOPMENT DISTRICT 13,IL 19 51 25 (mi cu;.Ewrre 1 w.u•s I wsa•t 01 •ea:vE 00 JP WARD R ASSOCIATED LLC COLL I!R COUNTY FLORIDA 211106 00 114 4141•01 P.1R•M11N 006 1900 NORTHEAST PARK, TL•'RRAC L•.SU[Tli I FILE NAME• IEREMY H.ARNOLD,P_F.. P.bpi,,wos`..`n±4iki s:uia7s OAKLAND PARK,FLORIDA 37114 FL LICENSE NO.6642 I ew11-1emm.rm.p1.1E..d.4"vn SHEET: OF 1.1 1611 EXHIBIT " 3B " ib i 1 r LEGEND 1 NORTH • !. CDD BOUNDARY i_.„1, Mii rws—, PROPOSED LAKE wor 103cxa W.. PROPOSED Vfi iA SPREADER LAKE I I PRESERVE FORCE MAIN —do—_ PROPOSED GRAVITY SEWER PROPOSED r�Jlf,.r WASTEWATER J17ii. PUMP STATION / , Igt r EXISTING ♦ , .. o,J ` FORCE MAIN II /r ` - 's EXISTING 12"FORCE MAIN re 4 r1` fs• f I: rr f'' r t r fl N. F ` t - `: f-fir s , _ 1 �11 ,r .Ie _r 1 ,v-- .,,..... ,...• , __„, ,,, J _rj,..1. ' •fri I ,J JJ..IJ`S .1 ^J l ��•, I! ` I � JJ.4 -vi I ir _ r't -� ram. i_r. 1 1r�..; I '�l l _ ..A ::T ..r :: • • • • P1 $ERVEMZ �,. �.1. 1 r' I it ri r i' 'i ",I}' , I. f\/ J . __r', r rr , , 1 �r, _ , / -+ = COD BOUNDARY r — - ''-- 1-' I' t' III F'rJ'r�' IL-ram . (/II � �I. 1 rly. '1 ,t,1I 1_ III /�i it 1 1 11 I �I -!i ' li_1 (I j I 11 'r�•awr- -1`—`�'— --I_—.U.1— ME--MN l'ma-um-Ns-11=7"i--_im'marlio-uorim_ r bnc.ln ^W31r....kw) I' CURRENTS OF NAPLES EXHIBIT 3B — WASTEWATER PLAN 1 1 WALDROP PREPARED FOR; SECTION TOWNSEIP RANGE: rLwma•nnnrAnnr"ir""I'''•,er °'• ENGINEERING ESTANCIA COMMUNITY DEVELOPMENT DISTRICT I3,18.I7 51 25 crc1NCAVINC niwh4c1,Uw07:•1G AK.111r,rr 00 rP WARD&ASSOCIATED Lie COLLIER ColTT1' I Lnxn]n IA MO ROWS GRUM DIM•!MK Ali 2900 NORTHEAST I 27H TI;RRACx.SUITI:• FILE NAME. JEREMY H.ARNOLD,P.E. 9a� u%Wn a'faiwia>rwo OAKLAND PARK,FLORIDA 3S3]a Fi.L:CE SEND.Ir692 i ElI I .1911 w SHEET' rlr: Mror.rgao4.4.i.lono to t EXHIBIT "3C " 1 6 I 1 f LEGEND 1 NORTH I E COD BOUNDARYiMIIMI 1[ ' f PROPOSED LAKE r =cs p5;�q PROPOSED l�� SOREADER LAKE (` 1 PRESERVE PROPOSED WATER MAIN EXISTING WATER MAIN / t P "TterRq'C tip 'I�' .. �N rG�°i f I 1 .' I ` /.- !XI$TING C7"wATER MAI, I �,r�tk ./ JYA �r �f- ••• e r r . . ' s ` ■■ \ r fi:' ¢ Jif' I ,` • fr\ rl • rJ ti -. N. • 1 r . rr-1 '� - . I r'�'h Y - f _ s. r i� +�irS, I 'J!"::. •` rrr.:I'll"..11r--_rijIlii.: 4 4 1.:-Ii:I.'-II-7 1...: .1111:1 • ' 1 J_r I3�, �y;� � ' •rr 'r•' Esa`Rve.z r l�,1'� 1 ;�J I ar-f. -_ I, j rii .ftf • • ri ; y .-ssli I i d�'_ i f1 _ . — I , � 's ,, IiIiii,J 4.j I (� .. .__I I CV)SOLRDARY I 1_y ,. .• � I-LJ1,(� — �� I 'it 1. 11 4.' r rlj Y ,• . ' 4i -II !- a4 11 CURRENTS OF NAPLES EXHIBIT 3C — PROPOSED WATER PLAN IA j WAIJ)HCP I PREPARED FOR' SECTION TOWNSHIP. RANGE: /'°11p"`L"II•"f"1"-"",IL`T0"""" , NGINEERING IiSTANCIA COMMUNITY DEVELOPMENT DISTRICT I .IA.19 51 25 :en.i.u+lae I e..wl wosca.c+Pc na+a 00JP WARD aASSOCIATkDLLC COLLIERC0J 1Y riARIC1A 76711010WN GRAMME ORE-MAY b7 :906 NORTHEAST.2T11 TERRACE,SCITE I FILE NAIVE: JEREMY H.ARNOLD,P.E. emu�y7m q t 99►.161F71M OA K LANs PARK,FLORIDA 33334 SllL•GT lll.Li FL LICENSE NO.66421 !Ault 1nr/wlitape r w 4M •44.w i611 ' EXHIBIT "4" 16I1 NORTH O cc } Nor rosow, w 4O iti \ 5 J� \\ r- -74,,/�� 1v 14' C.) CL AGRICULTURE I MARCO SHORES/FIDDLERS CREEK - `tea (RPUD) -I COD BOUNDARY J a O: z z CURRENTS OF NAPLES EXHIBIT 4- EXISTING LAND USE MAP WALDROP PREPARED FOR' SECTION:TOWNSH:P RANGE: mom.CanrK.crowrnuuA.,n11t..N" ENGINEERING TAYLOR MORRISON OF FLORIDA,INC. I' I"•1° 51 -�5 maw:m C I ur'�I Km'Atemicerim SSI NORTH CATTLEMEN ROAD COLLIER COUNTY FLORIDA MIMINMI&MLUAtDn><•SUN 305 SARASOTA.FLORIDA 142)2 FILL NAME MCQUELIN M.LAROEQUE P.E r,a3°�°iF}Sm elnlitrj,•.ala.roe-% PHONE:(011)371.0DDS FAX:(041)371.700M SHEET: OF 13 lrmo,vnWA- WiiukloPfirmenWeelntoms 16 I 1 EXHIBIT "5 " t611 f LEGEND 1 NORTH CDD BOUNDARYit n PROPOSED LAKE rn+ro c:aE ElPROPOSED SPREADER LAKE PRESERVE } NN T, 444, NY \� `♦ / r ••• \N.'. lk t...:// ,42)..„,:,.....,,,,NN N ,-;\ NN.„.., ,e,„,7! i / ///>'? \S \.:1,....40' 4: '' / / \„ ''''',.// / / \ \k „ L s„.. /NN.,,,..1%k ri ( `,. , q41/ it ..,,,, icoiiihh,- f \\ �� 11 \ ,%iimis Ilior-ftwirillftriftr-... j'''* \ .1. / I i/ i II 1 ii . / ( / 1 1 '`J5 ) % (J _ CDD 6JUNDAR. -' C i i 1 Fr, ____ ) ,, I I 1 til 1 ,,,, . , Li r---------1 « Myer.# CURRENTS EXHIBIT 5 - LAND USE MAP ,. 1 WALDROP PREPARED FOR: SISCTION:TOWNli111r: kMi .n",' ♦" o.' '.''1'''A'}U'I '""''nln II" ENGINEERING 13.14.19 51 25 GSt E4 MEN111L I RWIp !u1G7 W!MEhctCME TAYLQR,1dORRISON OF FLORIDA,INC. COLLIEk COUNTY ILORI DA $51 NORTH CATTL EM LN ROAD Mil DO NOWA mimic NOM1}."IL JD, SAkn50"in,FLORIDA 3413? FILL NAM:: JEREMY H.ARNOLD.P.E. n2�i0647}I i:2344I.71 PHONE;f9dI1371-00118I'AX:(941)371-+ 1tl S11EEt: „J.I! Vt.LICT*ISE NO.hhI21 MILIn'.r.Wrw..illmerrw.nn 1611 EXHIBIT "6" + 611 I " r LEGEND NORTH COD BOUNDARY 1 ..�.", PROPOSED LAKE .or Giea[ FRIPROPOSED SPREADER LAKE _ 1 PRESERVE J NN. .1-44„, 4,.,... • c.,„. \'.., \\11\ / . / I >., / if 7.,, , 'i- \„\- ASS. ERVE it N. / I t: liN/ \\Al\ N \A, _. i., J Il4\`1 ! N / \\ • ii",..0 I/ (/ I. \-91;4, -,-`101,,„ " 14-,.., if Lo \oi, i . : . . 1/46.111001 0,111, '..PA Xx �- . .:6/./ / 1 ."1 'I 1 - )rrr • - 1 COD HOUNDARY y, 1 , .... _ I r i (I( Ir, r� r -I r'I ))I I, / , I / 1 1 r I� i rJ / f II CURRENTS OF NAPLES EXHIBIT 6 - PROPOSED DEVELOPMENT PLAN WALDROP PREPARED FOR: SECTION TOWNSHIP RANGE '.^.arnrn.,.iaa,.ul'mz'''''"` ENGINEERING ti$TANCIA COMMUNITY DEVELOPMENT DISTRICT I].iA.19 SI 25 e...,TN:1.11,”,a .uv+nc.-•.a•-.as.c»-ielonf CAD JP WARD&ASSOCIATED LLC COLL1EP.CDUMTY FLORIDA 3.109101fl.tM%I h IM-ILIA 3413 2900 NORTIIEAST TERRACE.SUITE I PILL NAME. T.srHKs.liln36 OAKLAND PARK,FLORIDA DIV IEREMY H.ARNOLD,ARNO[.i7 P.E. r xs+r.osnn F.als.asar�y SHEET- 1Jw li FL LLCENSE WO.66421 lwR:14.....ly.•V.. .44.1.w•- 1611 EXHIBIT "7 " 16 1 1 ` r LEGEND -1 NORTH P CDD BOUNDARY I..- ' f."r`1 'ROPOSEDLAKE zROPOS£D SPRFAOSR LAKE -I PRESERVE ........... EXISTING WATER MAIN EXISTING FORCE MAID: l r r a — ` ,; ` EXISTING 12"WATER MAIN j ` Ill• -v: y s ` .i I5 ▪ .' i./T' .' • 4` �!� ' , `' ,f EXISTING 12'•FORCE MAIN ,e,,*. '• .r...ri.. -.\, \ ,,, 13,,• \,.:, ,,-,.4, , , ... .., •,, rirrif 0-9 • '', ...%., ":. ..,e 'rli .../. :1)• --2::. . ,.. ....... . -- , ' ': 's / / r l` I ,� . /4 4,-- / % � _ Ir . fi kr ‘4_,-.11?-k...... p e ifiry,/,.,- ,-,.., /1 .' it/ .4,//: .--p -- • -.-. • ' i � } • s fir_. a ff r-11,/<7:Z:s• '."‘'e4.-T.. f. Jjk.'- .‘',..e.cei41-1_14/7,-1-1'" it'''''%1AC.:., ,''' ,, ' ssr 6(il'.,t`y .ram. r. J ,t r.:.17:1 i Fn rrrJ1,, `ti ,a,,- - '1' /. `, rre ''f-JAL..`-I if.,i' •11'4 r'ti • rlI=a, ; .Jr'�' ., !- g �� fl J'i :S'' or j]yf I;:'PRESERVE Ml - ( II 11 1 Y v,- `, 'f r='Y -'; -... .‘ Tirrri ji?" #.7 - .- -,•://.... / lor , II �A-1 I kr 1 - ..� is ',;:�.,� � . �IT � — � )' COD BOUNDARY ,. 1' _ -1_ ,,-.. ... ......... g '( I I ( i , ,fir r (', ,,, \ ,___ , , _. ,__„ _ c , ran I! , J ► Ir-.. I r .auawea E?l CURRENTS OF NAPLES EXHIBIT 7 -EXISTING UTILITY MAP IAI WALDROP PREPARED FOR: SECTION.TOWNSIIIP:RANGE ruler.r an.!env rEnun.iYWI Inv--I, ENGINEERING ESTANCIA COMMUNITY DEVELOPMENT DISTRICT U,i2'19 5I 25 ow•..:.n+lu I lu.•I":I..n•Lcrr-,rc:+uv C1O1P WARD 6:ASSOCIATED LLC COLLIER COUNTY FLORIDA y11,yytlOMfA mum 10lim fill 10i NCO Z4ORTIIEAST I_'TII TERRACE,SUITE I n0.414sv+l'ccII."1u IIL6 NAME: JERCMY II.ARNOLD,P.E. P zzo-,m•rzzr t zzo+oszezu QAKtAND PARK.FLORIDA i]lla FL LICENSI.NO.66+'_I (MAw'.Iw..WdnM.....M6 a.." SHEET: OI�I] EXHIBIT " 8 " 16I1 CONSTRUCTION COSTS ESTIMATES CURRENTS COMMUNITY DEVELOPMENT DISTRICT PHASE 1 PROFESSIONAL& PERMIT FEES $1,156,501.84 ENVIRONMENTAL, PRESERVATION & MITIGIATION FEES $347,9$5.00 EARTHWORK $16.61 1,385.43 IRRIGATION FACILITIES $975,829.11 LANDSCAPING $1,161,458.00 PERIMTER WALLS $367.500.00 POTABLE WATER SYSTEMS $1,216,240.00 SANTARY SEWER SYSTEMS $2,444,878.52 DRAINAGE SYSTEMS $1,436,1 1 7.00 OFF-SITE IMPROVEMENTS $1,271,465.77 CONTINGENCY @ 10% $4,048,404.10 TOTAL ESTIMATED COSTS-PHASE 1 $31,037,764.77 ENTIRE PROJECT PROFESSIONAL& PERMIT FEES $4,062,211.32 ENVIRONMENTAL, PRESERVATION & MITIGIATION FEES $347,985.00 EARTHWORK $16,611,385.43 IRRIGATION FACILITIES $3,606,479.44 LANDSCAPING $3,815,538.00 PERIMTER WALLS $772,600.00 POTABLE WATER SYSTEMS $4.984,531.00 SANTARY SEWER SYSTEMS $9,844,389.82 DRAINAGE SYSTEMS $6.694,378.00 OFF-SITE IMPROVEMENTS $1,271,465.77 CONTINGENCY @ 15% $7,842,144.57 TOTAL ESTIMATED COSTS-ENTIRE PROJECT $60,123,108.34 16 1 1 EXHIBIT "9" 16 1 ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE CURRENTS COMMUNITY DEVELOPMENT DISTRICT PHASE I IMPROVEMENT START DATE COMPLETION DATE EARTH WORK 06/2019 06/2020 WASTEWATER SYSTEM 08/20I9 06/2020 WATER SUPPLY SYSTEM 10/2019 06/2020 SURFACE WATER MGMT 08/2019 06/2020 ROADS AND PAVING 10/2019 06/2020 LANDSCAPING& IRRIGATION 04/2020 07/2020 ENTRANCE FEATURES 04/2020 07/2020 FENCES&GATES 12/2019 03/2020 ENTIRE PROJECT IMPROVEMENT START DATE COMPLETION DATE EARTHWORK 06/2019 06/2028 WASTEWATER SYSTEM 08/2019 06/2028 WATER SUPPLY SYSTEM 10/2019 06/2028 SURFACE WATER MGMT 08/2019 06/2028 ROADS AND PAVING 10/2019 06/2028 LANDSCAPING& IRRIGATION 04/2020 07/2028 ENTRANCE FEATURES 04/2020 07/2028 FENCES &GATES 12/2019 03/2028 1611 EXHIBIT " 1 0" 16I1 CURRENTS COMMUNI TYDEVEL OPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS PETITION TO ESTABLISH THE DISTRICT Prepared by: 2/27/2019 JPWard& Associates LLC James P.Ward, Chief Operating Officer JPWard& Associates, LLC jimWardia.ji'WardAssociates.com 2900 NORTHEAST 12TH TERRACE , SUITE 1 OAKLAND PARK , FL 33334 954 . 658 . 4900 111, 16I1 JP Ward and..Associates L C 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the Petition to Establish ("Petition")the Currents Community Development District("District").The District encompasses 516.275 acres of land, more or less. located within Collier County; Florida.Tne limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), F.S. (governing D strict formation or alteration)as follows. "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the dcvelgpment is not material or relevant (emphasis added)." 1.2 Overview of the Development and the District A Community Development District ("COD,") is an independent unit of special purpose local government created and chartered by Chapter 190, Florida Statutes, to plan, finance, construct, operate and maintain community-wide infrastructure in large, planned community developments. It may be established on the proposed property by ordinance and this SERC is related only to the petition to establish. CDD's provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure to service projected growth without overburdening other governments and their taxpayers." Section 190.002(1)(a), F.S. A CDD is not a substitjte for the local, general purpose,government unit, i.e.,the County in which the CDD lies. A CDD does not have the permitting, zoning or police powers possessed by general purpose governments. A CDD is an alternative means of financing, constructing, operating, and maintaining community infrastructure for planned developments The scope of this SERC is limited to evaluating the consequences of approving the propose to establish the District. 2.0 Statement of Estimated Regulatory Costs 2.1 Requirements for a Statement of Estimated Regulatory Costs Section 120.541(2). F,S., defines the eiements a statement of estimated regulatory costs must contain the following elements: a) An economic analysis showing whether the rule directly or indirectly: 1 ) Pa ? : I 6 I 1 JP Ward and Associates LLC i. Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of$1 million in the aggregate within 5 years after the implementation of the rule. ii Is likely to have an adverse impact on business competitiveness, :ncluding the ability of persons doing business in the state *.o compete with persons doing business In other states or domestic markets, productivity, or innovation in excess of$1 million in the aggregate within 5 years after the implementation of the rule. iii Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. b) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. c) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues. d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule. As used in this section, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices,and include filing fees,the cost of obtaining a license,the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule,additional operating costs incurred, the cost of monitoring and reporting, and any other costs necessary to comply with the rule. e) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of the impact on small counties and small cities as defined in s. 120.52. The impact analysis for small businesses must include the basis for the agency's decision not to implement alternatives that would reduce adverse impacts on small businesses. f) Any additional information that the agency determines may be useful 2l2cgv lb JP T4larcd and Associates LLC g) In the statement or revised statement, whichever applies, a description of any regulatory alternatives submitted under Section 120.541(1)(a)and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. The references to the "rule" .n the statutory requirements for the Statement of Estimated Regulatory Costs also apply to an "ordinance" under Section 190.00S (2)(a), F.S. as amended. 3.0 Analysis of Required Elements of the Statement of Estimated Regulatory Costs 3.1 Questions: 3.1.1 Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule. 3.1.2 Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. 3.1.3 A good faith estimate of the number of individuals aria entities likely to be required to comply with the rule,together with a general description of the types of individuals likely to be affected by the rule, 3.2 Responses: 3.2.1 The ordinance to establish the District will not have any adverse impact (direct or indirect) on economic growth, private sector job creation or employment, private sector investments, business competitiveness, the ability of persons doing business in the State to compete with persons doing business in other states or domestic markets, productivity, or innovation. Any increases in regulatory costs, principally dealing with transactional costs as a result of imposition of special assessments by the District will be the direct result of facilities and services provided by the District to the landowners within the District, and it should be noted that property ownership in the District is voluntary and all costs associated with the 3JPaga t6t JP Ward and Associates LLC District are required to be disclosed to prospective purchasers prior to sale, these costs are self-imposed and offset by the benefits derived from the services provided by the District. Next, the sole reason for the establishment of the District is to provide public facilities and services to support the development of the Community. The D,strict will promote local economic activity, create local value, lead to local private sector investment and is likely, at least in the short term, to support local private sector employment and/or lead to local new job creation. The District will allow to plan, fund, implement, operate and maintain, for the benefit of the landowners within the District, various pubiic facilities and services necessary for the continued development of the community_ Such facilities and services, will allow for the development of the land within the District for private use. The provision of District's infrastructure and the subsequent development of the private land will generate private economic activity, private economic growth, private investment and employment, and job creation. The District will use proceeds of indebtedness to fund construction of public infrastructure, which will be constructed by private firms, and once constructed, will use private firms to operate and maintain such infrastructure/provide services to the landowners and residents of the District. While similar economic growth, private sector job creation or employment, ar private sector investment could be achieved in the absence of the District by the private sector alone, the fact that the District was requested by the private developer means that the private developer considers the operation of the Distrct as beneficial to the process of land development and the future economic activity taking place within the District, which in turn will lead directly or indirectly to the economic growth, likely private sector job and/or support private sector employment,and private sector investments. When assessing the question of whether the District is likely to directly or indirectly have an adverse impact on business competitiveness, including the ability of persons doing business ;n the state to compete with persons doing business in other states or domestic markets, productivity, or innovat;on, one has to compare these factors in the presence and in the absence of the District in the development. When the question is phrased in this manner, it can be surmised that the 41Pag, 0 1611 JP Ward and Associates LLC District is likely to not have a direct or indirect adverse impact on business competitiveness, productivity, or innovation versus that same development without the District. Similarly to a purely private solution, District contracts will be bid competitively so as to achieve the lowest cost/best value for any particular infrastructure or services desired by the landowners under a "lowest responsive/responsible bid' method, which will insure that contractors wishing to bid for such contracts will have to demonstrate to the District the most optimal mix of cost, productivity and innovation. Additionally, the District for the development is not likely to cause the award of the contracts to favor non-local providers any more than if there was no District. The District in its purchasing decisions will not vary from the same principles of cost, productivity and innovation that guide private enterprise. 3.3 Question: 3.3.1 Likelihood on an increase in regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. 3.4 Response: 3.4.1 The District will not increase any regulatory costs of the State or the County. The District will pay a one-time filing fee to Collier County to offset any expenses that the County may incur in the processing of this petition. Similarly,the District will be required to pay the annual Special District Filing Fee, which fee is meant to offset any State costs related to its oversight of all special districts in the State. The establishment of the District will, however, directly increase regulatory costs to the new landowners within the District. Such increases in regulatory costs, principally the anticipated increases in transactional costs as a result of likely imposition of special assessments and use fees by the District will be the direct result of facilities and services provided by the District to the landowners within the District. However, as property ownership in the District is completely voluntary, all current property owners must consent to the establishment of the District and the likelihood of additional transaction costs, and all initial prospective buyers must have such additonal transaction costs disclosed to them prior to sale, as required by State law, such increases should be considered voluntary, 5 I F. a ,T c. 161 JP Ward and AssocE res LLC self-imposed, and as a tradeoff for the services and facilities provided by the District. As to the anticipated amount of the transactional costs in the aggregate within 3 years, they are anticipated to not exceed approximately $59,818,400.00 as more fully described in the cost estimate table in the Petition and this SERC 3.5 Question: 3.5.1 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. 3.6 Response: 3.6.1 The establishment of the District serves land that comprises 434.063 acres in size and in the master planned residential development, currently planned to be made up of an estimated 1,090 residential dwelling units along with a clubhouse/amenity feature such as pool and meeting roorn(s) and outdoor recreational uses. The property owners in the District will be individuals that may operate industrial, manufacturing and other retail and non-retail related businesses outside the boundaries of the District. 3.7 Question: 3.7.1 A good faith est.mate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule,and any anticipated effect on state or iocal revenues. 3.8 Response: 3.8.1 There is nc state agency promulgating any rule relating to this project that is anticipated to effect state or local revenues. In this regard it is important to note that any debt obligations Incurred by the District to construct its infrastructure, or for any other reason,are not debts of the State of Florida, the County, or any other unit of local government. In accordance with State law. debts of the District are strictly its own responsibility. 161 I JP Ward and Associates LLC 3.9 Question: 3.9.1 A good faith estimate of the transactional costs likely:o be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule. As used in this section, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices,and include filing fees,the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, the cost of monitoring and reporting,and any other costs necessary to comply with the rule. 3.10 Response: 3.10.1 Individuals and Entities: Table 1 below provides an outline of the various facilities and services the District may provide. Description Constructed Ownership Maintenance by Earthwork CDD CDD CDD/HOA Wastewater Facilities COD Collier Cty. Collier Cty. Surface Water Managment CDD CDD. CDD/HOA irrigation Systems COD COD CDD/HOA Off-Site Improvements CUD COD CDD/HOA Environmental Facilities CDD CDD CDD/HOA Landscaping CDD CDD CDD/HOA Permetiter Wall and Fences COD COD CDD/HOA Professional Fees CDD CDD COD Contingency(10%) CDD CUD COD 7IPage 16I1 JP Ward and Associates LLC The District may enter an agreement with the Homeowner's Associations for the operations and maintenance of the facilities that will remain in the ownership of the District. The petitioner has estimated the design and development costs for providing the capital facilities as outlined in Table 1. The cost estirrates are shown in Table 2 below. Total design and development costs for these facilities are estimated to be approximately $38,813,500.0C. The District may levy non-ad valorem special assessment (by a variety of names) and may issue revenue and other bonds to fund the management of these facilities. These bonds would be repaid through non-ad valorem special assessments (by a variety of names) levied on all properties in the District that receive special and peculiar benefit from the District's capital improvement grogram as outlined in Table 2. Prospective future landowners in the Development may be required to pay non-ad valorem special assessments levied by the District to provide for facilities or operations and maintenance and secure any debt incurred through bond issuance. In addition to the levy of non-ad valorem special assessments which may be used for debt service, the District may also levy a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. However. locating in the District by new residents is comp,etely voluntary and levy of such assessments, as well as the prospect of such assessments, are noticed and disclosed fully. So, ultimately, all owners and users of the affected property choose to accept the non-ad valorem assessments as a tradeoff for the services and facilities that the District will provide. In addition, state law requires all assessments levied by the District to be disclosed by the seller to all prospective purchasers of property within the District. A Community Development District "CDD" provides the property owners with an alternative mechanism of providing public services; however, special assessments and other impositions levied by the District (and collected by law) represent the transactional costs incurred by landowners as a result of the establishment of the District Such transactional costs should be considered it terms of costs likely to be incurred under alternative public and private mechanisms of service provision, such as other independent Special Districts, County or its 8I7' ag� 16 ' 1 JP Ward and Associates LLC Dependent Districts or county management, but financing with municipal service benefit units and municipal service taxing units which are not Districts, or private entities, all of which can be grouped into three major categories: public district, public other,and private. With regards to costs of public district mechanism of public services delivery to the developments within the proposed area, Dependent and other Independent Special Districts :an be used to manage the provision of infrastructure and services, however,they are limited in the types of services they can provide, and likely it would be necessary to employ more than one district to provide all services needed by the development. Transaction costs resulting from the employment of more than one district would likely be higher than those resulting from a single entity such as a CDD. Other public entities, such as municipalities and counties, also are capable of providing services, however, their costs in connection with the new services and infrastructure required by the new development, transaction costs, would be borne by all taxpayers, unduly burdening existing taxpayers and would also be inconsistent with the State's policy of"growth paying for growth". Lastly, services and improvements could be provided by private entities. However, their interests are primarily short-term profits and there is no public accountability. The marginal benefits of tax-exempt financing utilizing CDDs would cause the COD to utilize its lower transactional costs to enhance the quality of infrastructure and services. In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those residents in the District will receive a higher level of public services which in most instances will be sustained over longer periods of time than would otherwise be the case Second, a CDD is a mechanism for assuring that the community services will be completed concurrently with development of lands wilhir the Development.This satisfies the revised growth management legislation, 91Pa JP Ward and Associates LLC and it assures that growth pays for itself without undue ourden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands Table 2_ Cost Estimate for District Facilities Descriptor ofFacilities to be Constructed by Estimated District Construction Cost Earthwork $16,612,000.00 Wastewater Facilities S 9,845,000.00 Potable Water Facilities $ 4,985,000.00 Water Management Facilities $ 6,695,000.00 irrigation Facilities $ 3,607,000.00 Off-Site Facilities $ 1,272,000,00 Environmental Facilities $ 348,000,00 Landscaping Facilities $ 3,816,000.00 Perimeter Walls&Fences $ 773,000.00 Professional Fees $ 4,063,000.00 Contingency(10%) $ 7,802,400.00 Total: $59,818,400.00 Third, a COD is the sole form of local governance which is specifically established to provide District landowners with planning, construction, implementation and short- and long-term maintenance of community infrastructure at sustained levels of service. 10IPage I611 JP Ward and Associates LLC The cost impact on the ultimate landowners in the Development is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above, if applicable, what the landowners would have paid to install infrastructure via an alternative financing mechanism.Given the low cost of capital for a COD due to tax-exempt financing, landowners within the District can usually expect the marginal benefits of finance savings directed toward higher quality of infrastructure than landowners in similar developments not located within CDDs. State Governmental Agencies: There will be only a modest cost to the Department of Economic Opportunity and any other State governmental entity to implement the establishment of the District. The District as proposed is within unincorporated Collier County, Local Government: (Collier County) -he proposed land for the District is in Collier County, Florida and consists of approximately 516.275 acres more or less. Collier County and its staff may process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources. The costs to review the record of the local hearing, the transcript of the hearing, and the ordinance adopted by the local general-purpose government will be offset by the filing fee required under 190.005(1), F.S. These costs to Collier County are modest for a number of reasons. First, according to Chapter 190, F.S., review of the Petition to establish the District does not include analysis of any community developments within the boundaries of the District.Second.the Petition itself provides much of the information needed for a staff review. Third, local governments already possess the staff needed to conduct the review without the need for new staff Fourth. there is no capital required to review the Petition_ Fifth, the potential costs are offset by the required filing fee. Finally, general purpose local governments routinely process petitions for land uses and zoning changes that are far more complex than is the Petition to establish a community development district. 11 ( Page JP Ward and A.ssociatcs LL. The annual costs to the County, are minimal, in that they consist of the District filing certain reports with the County, such as proposed and adopted budgets, notice of annual meetings,etc. 3.11 Question: 3.11.1 An analysis of the impact on small businesses as defined by s. 288.703, F.S.. and an analysis of the impact on small counties and small cities as defined in s. 120.52, F.S. The impact analysis for small businesses must include the basis for the agency's decision not to implement alternatives that would reduce adverse impacts on small businesses. 3.12 Response: 3.12.1 There will be no impact on small businesses because of the establishment the District. If anything, the impact may be positive. Collier County has an estimated population that is greater than 75,000 according to the Census estimates as of July, 2016 ; therefore the County is not defined as a "small " County according to Section 120.52 (18), F,S, and there will accordingly be no impact on County because of the establishment of the District. 3.13 Question: 3.13.1 Any additional information that the agency determines may be useful. 3.13.2 In the statement or revised statement, whichever applies, a description of .any regulatory alternatives submitted under paragraph (1)(a) of Chapter 120.541 and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. 3.14 Response: 3.14.1 The analysts provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. inputs were received from the Petitioner's Engineer and other professionals associated with the Petitioner 12iPage 16I1 JP Ward and Associates LLC Finally, it is useful to reflect upon the question of whether tile proposed establishment of the District is the best alternative to provide community facilities ano services to the project. As an alternative to the District, Collier County could approve a dependent special district for the area, such as an MSBU or a special taxing district. Either of these alternatives could finance the improvements contemplated in Table 2 in a fashion similar to the District. There are a number of reasons why a dependent district is not the best alternative for providing community facilities and services to the proposed District. First, unlike the District, the alternatives would require the County to administer the project and its facilities and services. As a result,the costs for these services and facilities would not be attributed to the land directly benefiting from them, as the case would be with the District. Administering a project of the size and complexity of the development program anticipated for the lands to be included in the District is a significant and expensive undertaking. Second, a District is preferable from a government accountability perspective. With a District, residents and landowners in the District would have a focused unit of government ultimateiy under their direct control. The District can then be more responsive to resident needs without disrupting other County responsibilities. By contrast, if the County were to establish dependent districts, then the residents and landowners of the proposed District would take their grievances and desires to the County. Third, any debt of a District is strictly the District's responsibility. While it may be technically true that the debt of a County-established, dependent special district is not strictly the County's responsibility, any financial problems that the special district may have will inevitably entangle the County. This will not be the case if the proposed District is established. Another alternative to the District would be for a homeowners association ("HOA") to provide the infrastructure, operations and maintenance of community facilities and services. A District is superior to a HOA for a variety of reasons. First, unlike a HOA, a District can obtain low cost funds from the municipal capital markets. Second, the 131 P -eg,: if) , JP Fard and Associates LLC District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a HOA. Third, the proposed District is a unit of local government. This provides a higher level of oversight and accountability. 14lf a : 1611 Affidavit Pre-Filed Testimony i611 BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER IN RE: PETITION TO ESTABLISH THE CURRENTS COMMUNITY DEVELOPMENT DISTRICT I AFFIDAVIT ADOPTION WRITTEN, PRE-FILED TESTIMONY STATE OF FLORIDA COUNTY OF COLLIER I. Jeremy N. Arnold, P.E., Senior Vice President of Waldrop Engineering, P.A., a Florida corporation, its general partner. being duly sworn, do hereby state for my affidavit as follows. 1. I have personal knowledge of the matters set forth in this affidavit. 2. My name is Jeremy H. Arnold, P.E. and I am Senior Vice President of Waldrop Engineering, P.A., a Florida corporation. 3. The prepared, written, pre-filed testimony, submitted under my name to Collier County relating to the establishment of the Currents Community Development District. and attached hereto, is true and correct. 4_ If 1 were asked the questions contained in the pre-filed testimony orally, my oral answers would he the same as the written answers presented in my pre-filed testimony. 5. My pre-filed testimony generally addresses the nature of the services and facilities to be provided by the proposed Currents Community Development District, the truth and accuracy of the Petition to establish the proposed District, and compliance with the factors to he considered in the establishment of a community development district. 16I1 tinder penalties of perjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executive this(- ' day of k7r1 I , 2019- Jeremy H. Arnold, P.E., Senior Vicc President of Waldrop Engineering, P.A., a Florida corporation. By Jc re>Fny1 H. Arnold. P.E. SWORN TO and SUBSCRIBED before me by the Affiapt, on this'" , day of - 2019. JES5ICA K t INN state or Flor da•Motary Public N ry Public State of Florida ril Commission n GIG 170813 My Cornrnissiol Expires April 16. 2022 j-s ci z- K . (mil Typed Name of Notary Public Personally Known Type Identification produced 16114 Testimony of Jeremy II. Arnold, P.E. April 4. 2019 1. Please state your name and business address. Jeremy 11. Arnold. P.F. Waldrop Engineering, P.A. 28100 Bonita Grande Drive Suite 305 Bonita Springs, FL. 34135 2. By whom arc you employed and in what capacity? Waldrop Engineering, P.A., Senior Vice President 3. And what is the nature of your firm's business? Civil Engineering 4. Please describe your experience and credentials, including your current employment. Director of operations and senior project manager for Waidmp Engineering. Land Development expert in water management, utility systems,grading. roadway and site planning. 5. Please provide your professional background, with degrees earned, major areas of study, year of degree, and institutions attended. Graduate from University of Kentucky with a BS in Cix it Engineering with over 16 years of experience practicing civil engineering in south west Florida. 6. Do you hold any professional designations or certifications? Florida Professional Engineer(FL #664211 7. Are you a member of any professional associations? Member of the FES Caloosa Chapter 8. Prior to your current employment, by wham were you employed and in what position? Barron Collier Companies, Land Development Project Manager. 1611 9. Do you consider yourself an expert in civil engineering? I have been deemed an expert. 10. Please describe your experience with civil engineering relating to community development districts ("CDDs") and special districts? Lead engineering for the development and establishment of multiple CDDs; including but not limited to Flowway CDD(Collier County). Esplanade Lake Club (Lee County)and LT Ranch (Sarasota County). 11. Do you consider yourself an expert in civil engineering, capable of rendering expert opinions on CDDs, and specifically on infrastructure for CDD services? Yes 12, What has been you role with respect to the Petition to Establish ("Petition") Currents Community Development District("Currents CDD")? Project Manager in charge of CDD Engineer report and budget. 13. Are you familiar with the Petition filed to establish Currents CDD? Yes 14. Have you reviewed the contents of the Petition? Yes 15. Are there any changes or corrections to the Petition at this time? None 16. Are there any changes or corrections to any of the exhibits attached to the Petition at this time? None 17. Are you generally familiar with the geographical areas,type, and scope of development and the available services and facilities within the Currents CDD? Yes 18. Please provide us with a brief description of Currents CDD boundaries and location? 1 6 I 1 500+1_ AC CDD Boundary adjacent to the existing development known as Fiddler's Creek in Collier County Fl_ 19. Are the contents of the Petition and exhibits attached to it true and correct to the best of your knowledge as of the date your prepared testimony is filed? Yes Let me ask you a few questions about certain opinions you may have based on your experience with CDDs,civil engineering, real estate development, and the development of lands within Currents CDD in particular. 20. Based on your experience, do you have an opinion as to whether the proposed Currents CDD is of sufficient size,sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? Yes 21. What is your opinion? 500 Acres and over 1200 dwelling units is adequate size for a CDD. 22. What is the basis for your opinion? Experience in the industry. 23. Based on your experience, do you have an opinion as to whether Currents CUD is the best alternative available to provide community development services and facilities to the area that will be served? Yes 24. What is your opinion and the basis for it? The establishment of a CDD is a good choice to provide long term services to the development 25. Based on your experience, do you have an opinion as to whether the services and facilities to be provided by Currents CDD will be compatible with the uses and existing local and regional facilities and services? Yes 26. What is your opinion and the basis for it? t61t Currents CDD is adjacent to an existing CDD that function and provides similar services. 27. Based on your experience, do you have an opinion as to whether the area to be included within Currents CDD is amenable to being served by a separate special district government? Yes 28. What is the basis for your opinion? At this time I don't believe the Currents CDD would not be amenable. 29. Turning now to the state and local comprehensive plan criteria of Section 190.005(1)(c)2., do you have an opinion as to whether the establishment of Currents CDD is inconsistent with any applicable element or portion of the State Comprchensi%c Plan? Yes 30.What is your opinion? Currents CDD is consistent with local Comp. Plan. 31. What is the basis of your opinion? Industry Experience 32. Do you have an opinion, as someone with expertise in planning. as to whether the establishment of Currents CDD is inconsistent with any applicable element or portion of the Collier County Comprehensive Plan? Yes 33. What is your opinion? The establishment of the Currents CDD is consistent with the Collier County Comp. Plan. 34. Does this conclude your testimony? Yes 4 1611 Warranty Deed 1611 INSTR 5633311 OR 5568 PG 3814 RECORDED 11/5/2018 3:27 PM PAGES 9 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $252,000.00 REC $78.00 CONS 536,000,000.00 This Lutrument prepared by: Mart./. Woodward,Esquire Woodward Pires&Lombardo,P.A. 3200 Tamland Trail N.,Suite 200 Naples.Florida 34103 Naples,FL 34103 Parcel ID 4 00763480006 and parkas of'00763920414 and#00763882617 Grantee's TIN# SPECIAL WARRANTY DEED This Indenture, made this 3 Q•Pay of October, 2018, between FIDDLER'S LAID INVESTOR,LLC,a Delaware limited liability company, hauin res at Io Fortress Credit Advisors LLC, 1345 Avenue 2 of the Americas, 46th Floor, New Yo cyl�t )fi1 OR,and rvx TAYLOR MO OF FLORIDA,I .fit- •,ride corporation GRANTEE whose post offic dd ens Sl!Y. Cat • • Road, uite 00,Sarasota, Florida 34232 WITNESSET71, that the G tot; o • 7 of EN DOLLARS, and other good and valuable consideratio to i.'.•Gr•. . � rf'b • • G •nt.e, the receipt whereof is hereby acknowledged, hat g • •. •!!• • sat, . •• d Grantee's heirs and assigns forever, the following dent ited • . situate, lying an,• ,eing 're th •• . my of Collier, State of Florida, to Wits r f f As I ,C) • ATTACHED IXHIB ,<X. SUBJECT to taxes, assessments a s t , lac ,?.'le for the year 2018 and all subsequent years and also to the Permitted Exceptions *A , attached Exhibit "B", without, re-Imposing the MM. And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever,claiming by, through,or under Grantor but against none other. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed,sealed and delivered in the presence of: FIDDLER'S LAND INVESTOR, LLC, a Delaware limited liability corn y id/Alit 11. Print Name: ► a ,eP,.,W+ By: WG I K.,r Michael hfcNamara, as Authorized Signatory, f and not in his individual capacity Prlr Name: 1,1..--1 (CORPORATE SEAL) ibll"' OR 5568 PG 3815 STATE OF 1°ea,+.)'la'4. COUNTY OF h%r.. yo-!L The foregoing instrument was acknowledged before this 24 day of October, ZQl8, by Michael McNamara. as Authorized Signatory of Fiddler's Land Investor, LLC, a Delaware limited liability company,on behalf of the limited liability company. He is personally known to me and did take an oath. Print a e: ILltA qe, +4. 0.a.� "',,.lr`;r► ., —,,v . r� Notary Public , 915 .t''' .......... `,. Commission No. Commission Expires: j"' .� 4."U.A ' !�' ' '' 57- rC w 7.....„....„--- MARLOH A CLANI(Ea . �' I i:e` �j.. / ` • .ta„VitI c•4ato of Nafw;Vock%, i.. '.,`' '` ..•�'O0�`1 4,7 �.01CL6297367 + O ; t:C 'Jell din Nassau County . , .f4.r I$$11,s ss ' I rim mts Ian Expires Feb 1e,'2022 (.e. i 0 7 - cMC DOC ID.2441338B.2 j 6 1 1 on 5568 PG 3816 EXHIBIT "A" A PARCEL OF LAND LOCATED IN SECTION 13,TOWNSHIP 51 SOUTH,RANGE 26 EAST AND SECTIONS 18 AND 19, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SECTION I8,TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN ALONG THE EAST LINE OF SECTION 19, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, SOUTH 00°19'26'EAST,A DISTANCE OF 908.82 FEET;THENCE SOUTH 89°37'25"WEST, A DISTANCE OF 5,121.01 FEET; THENCE NORTH 00'22'35" WEST, A DISTANCE OF 1,364.92 FEET;THENCE NORTH 84°46'05"WEST,A DISTANCE OF 505.52 FEET;THENCE NORTH 05°13'55"EAST,A DISTANCE OF 123.12 FEET TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5054, PAGE 2038, PUBLIC RECORDS OF COLLIER COUNTY, Fit - 4 SAME BEING A POINT ON A NON TANGENTIAL CURVE TO THE Ili ' '0114 tart: ALONG SAID BOUNDARY FOR THE FOLLOWING THIRTY-S •URSES AA ANCES, 1)EASTERLY 134.08 FEET ALONG THE ARC O CURVE, HAV A ' • DNS OF 80.00 FEET, A CENTRAL ANGLE OF 9 °0 ' 1 E• 'IN.. S'UTH 85°12'44" EAST, A DISTANCE OF 118.93 FE O A PO ' + ' A ' VERSE 4 URVE TO THE RIGHT; 2) THENCE EASTERLY 61. 4 triOlir S • I' CURVE, HAVING A RADIUS OF 80.00 FEET, C G 4 ('HORD BEARING NORTH 68°55'02" - !,.. o , EAST, A DIST - 3) .�-_ OUTH 88 5616 EAST, A DISTANCE OF 664.33 FE mar A POINT ON O T$'ENTIAL CURVE TO THE LEFT;4)THENCE EASTE •' .45 FEET ALON 1 gi OF SAID CURVE,HAVING A RADIUS OF 285.00 FEE , '• • NTRAL ANGL + °35'10", (CHORD BEARING SOUTH 79°38'52" EAST, A DI` AN '_ IF 92.1 a , 5) THENCE SOUTH 88°56'27" EAST, A DISTANCE OF 322.37 .- FTp 611,47 ON A CURVE TO THE LEFT; 6) THENCE NORTHEASTERLY 371.61 FE •. el,`G THE ARC OF SAID CURVE, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 94°37'47 (CHORD BEARING NORTH 43°44'40" EAST, A DISTANCE OF 330.79 FEET); 7) THENCE NORTH 03°34'14" WEST, A DISTANCE OF 87.88 FEET TO A PONT ON A CURVE TO THE RIGHT; 8) THENCE NORTHEASTERLY 339.06 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 260.00 FEET, A CENTRAL ANGLE OF 74°43'05", (CHORD BEARING NORTH 33°47118" EAST, A DISTANCE OF 315.54 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE LEFT;9)THENCE NORTHERLY 84.57 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 107°40'34", (CHORD BEARING NORTH 16'59'07"EAST,A DISTANCE OF 72.66 FEET)TO A POINT ON A NON TANGENTIAL CURVE TO THE LEFT; 10) THENCE EASTERLY 483.85 FEET ALONG THE ARC OF SAID CURVE,HAVLNG A RADIUS OF 365.00 FEET,A CENTRAL ANGLE OF 75°57'07", (CHORD BEARING NORTH 78°42'43" EAST, A DISTANCE OF 449.19 FEET); 11) THENCE SOUTH 51°28'34" EAST, A DISTANCE OF 105.27 FEET; 12) THENCE SOUTH 38°3126" WEST, A DISTANCE OF 111.08 FEET TO A POINT ON A CURVE TO THE LEFT; 13) THENCE SOUTHERLY 91.65 FEET ALONG THE ARC OF SAID CURVE, HAVLNG A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 116°41'28",(CHORD BEARING SOUTH 19°49'I8"EAST,A DISTANCE OF 76.61 FEET); 14) THENCE SOUTH 78°10'02" EAST, A DISTANCE OF 194.68 FEET TO A POINT ON A f T11 VF Tr') TI-1P 1 PPT'• 1S1 T1-TFN('1: ll'i lPTNF iCTPP1 V Q7 511 "PPPT AT (WC T1-1U 1 1? 1611 GR 5568 PG 3817 (CHORD BEARING NORTH 45°55'00" EAST, A DISTANCE OF 74.54 FEET)TO A POINT ON A REVERSE CURVE TO THE RIGHT; 16) THENCE NORTHEASTERLY 450.20 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 300.00 FEET,A CENTRAL ANGLE OF 85°58'55", (CHORD BEARING NORTH 32°59'29" EAST, A DISTANCE OF 409.13 FEET) TO A POINT ON A REVERSE CURVE TO THE LEFT; 17) THENCE NORTHEASTERLY 389.19 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 300.00 FEET,A CENTRAL ANGLE OF 74°19'47",(CHORD BEARING NORTH 38°49'03'1 EAST, A DISTANCE OF 362.47 FEET) TO A POINT ON A REVERSE CURVE TO THE RIGHT; 18) THENCE NORTHERLY 139.04 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 26°33'16", (CHORD BEARING NORTH 14°55'47" EAST, A DISTANCE OF 137,80 FEET); 19) THENCE NORTH 28°12'25"EAST, A DISTANCE OF 70.46 FEET TO A POINT ON A CURVE TO THE LEFT; 20)THENCE NORTHERLY 48.52 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 61'46'37", (CHORD BEARING NORTH 02°40'53"WEST, A DISTANCE OF 46.20 1 ` ' 0 A POINT ON A REVERSE CURVE TO THE RIGHT; 21) THENCE NORT I �t, ('G I. II, ET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS O V , • tik' , . . ANGLE OF 18°38'25",(CHORD BEARING NORTH 24°15'00" tria. , A DISTANCE • II.'7 FEET) TO A POINT ON A REVERSE CURVE TO THE NCE OR -E` RLY 46.86 FEET ALONG THE ARC OF SAID CUR ,H• VINaNfa--A.,,v,,B4LIS 45.00 zT, A CENTRAL ANGLE OF 59°39'38", (CHORD BEAR G e''$k '• i,. .°ten 1S ANCE OF 44.77 FEET)TO A POINT ON A NO. • G Ian C +•t. •• ckk f• I T E LEFT; 23) THENCE NORTHEASTERLY 386.52.Ii, ' ' s,1 . 4.5 - • •'_C O i.S; VE,HAVING A RADIUS OF 1,190.00 FEET, A C ' ' AL ANGLE OF • :°36 16" ORD BEARING NORTH 38°57'3I" EAST, A DISTAN 0F 384.82 FEET) TJz• "U N A COMPOUND CURVE TO THE LEFT; 24) THENC. +r s •THERLY 165. 2 ', ONG THE ARC OF SAID CURVE, HAVING A RADIU 01 _10.00 FEET RAL ANGLE OF 29°39'13", (CHORD BEARING NORTH 14°4' ." • _.d ,ar'+ • . . 'E OF 163.77 FEET);25)THENCE PI:00°00'00' EAST, A DISTAN ` - ►4. ET; 26) THENCE NORTH 90°00'00" WEST,A DISTANCE OF 113.79 FEET;27)THENCE NORTH 00°00'00"EAST,A DISTANCE OF 130.00 FEET TO A POLNT ON A NON TANGENTIAL CURVE TO THE RIGHT; 28) THENCE NORTHWESTERLY 18.33 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET,A CENTRAL ANGLE OF 52°30'11",(CHORD BEARING NORTH 63°44'48" WEST, A DISTANCE OF 17.69 FEET) TO A POINT ON A REVERSE CURVE TO THE LEFT; 29) THENCE NORTHWESTERLY 24.89 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 95.00 FEET,A CENTRAL ANGLE OF 15°00'34",(CHORD BEARING NORTH 45°00'00" WEST, A DISTANCE OF 24.82 FEET) TO A POINT ON A REVERSE CURVE TO THE RIGHT; 30)THENCE NORTHWESTERLY 18.33 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 20.00 FEET,A CENTRAL ANGLE OF 52'30'17",(CHORD BEARING NORTH 26°15'09"WEST,A DISTANCE OF 17.69 FEET);31) THENCE NORTH 90'00'00"WEST,A DISTANCE OF 100.00 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; 32) THENCE SOUTHWESTERLY 18.33 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 52°30'17",(CHORD BEARING SOUTH 26°15'09' WEST,A DISTANCE OF 17.69 FEET) TO A POINT ON A REVERSE CURVE TO THE LEFT; 33) THENCE SOUTHWESTERLY 24.89 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 95.00 FEET, A CENTRAL ANGLE OF 15°00'34', (CHORD BEARING SOUTH 45°00'00" WEST, A DISTANCE OF 24.82 FEET) TO A POINT ON A REVERSE CURVE TO THE 16I1 OR 5568 PG 3818 HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 52°30'17", (CHORD BEARING SOUTH 63°44'51' WEST, A DISTANCE OF 17,69 FEET); 35) THENCE NORTH 90°00'D0" WEST,A DISTANCE OF 58.44 FEET TO A POINT ON A CURVE TO THE RIGHT; 36) THENCE NORTHWESTERLY 289.19 FEET ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 110°27'S0", (CHORD BEARING NORTH 34°46'05" WEST, A DISTANCE OF 246.44 FEET) TO A POINT ON A REVERSE CURVE TO THE LEFT; 37) THENCE NORTHERLY 457.02 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 350.00 FEET, A CENTRAL ANGLE OF 74°48'56", (CHORD BEARING NORTH 16°56'38" WEST, A DISTANCE OF 425.24 FEET); 38)THENCE NORTH 35°38'54"EAST,A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (US 41) (STATE ROAD 90); THENCE CONTINUE ALONG SAID RIGHT-OF-WAY, SOUTH 54°21'06" EAST, A DISTANCE OF 2,779.06 FEET; THENCE RUN ALONG SAID RIGHT-OF-WAY, SOUTH 54°23'36'1 EAST, A DISTANCE OF 953.19 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF THE AFOREMENTIONED SECTION 18; THENCE RUN ALONG SAID EAST LINE, SOUT T34"M y DISTANCE OF 1,272.89 FEET TO THE POINT OF BEGINNING. ^�ti f V� CONTAINING 306.39 ACR , I�AR S_E S. �I )(1 16II : OR 5568 PG 3819 EXHIBIT "B" PERMITTED EXCEPTIONS zo,, r 3.-ex eoU nEC 0 P ' _k% ( ‘..- - . \) 16 I I OR 5568 PG 382E EXHIBIT`B" ESTANCIA PERMITTED EXCEPTIONS 1. Taxes and assessments for the year 2018 and subsequent years which are not yet due and payable. 2. Reservation of an Easement along the East 30 feet of that portion of Section 18 as reserved on Deed by and between Evemia Corporation to A. Duda& Sons, Inc., a Florida Corporation,as recorded in Official Records Book 220,Page 699, Public Records of Collier County, Florida. 3. Ordinance No. 75-20,filed May 19, 1975,in O.R.Book 619,Page 1177,of the Public Records of Collier County, Florida, regulating the installation of any water distribution system and waste water collection system within a public right of way or easement. 4. Ordinance No. 75-21.filed May, ,tnt,,Fri tOpy+ 19,Page 1182,of the Public Records of Collier County, Florida,pr : ertain trees . oilier County. 5. Ordinance No, 75-24,file. M ok 6 !,P e 1191,of the Public Records of Collier County,Florid-,re ulating es ictin the cre.do ,construction,alteration,etc„ of buildings,locations,c c. 6. Resolution by the Board gig . .� 1 . s' s Es he lnunokalee Area Planning District and the Coastal V. = . Planning District rec rd: O.R. Book 649, Page 1239, Public Records of Collier : y, Florida. 0 7. That certain Planned Unit De••11, •.0 D, ut : Collier County under Ordinance No. 84-4 1 (84-42) on June 12, ':•.ticatner*• Ordinance Nos. 88.48 and 89-34, as issued on May 24,1988 and June 13, I`:-, ended by Ordinance No. 96-74, as issued on November 26, 1996 respectively, Collier County,Florida,and as amended. 8. Notice of Adoption of Development Order for Unit 30, Isle of Capri Commercial and Key Marco(Horr's Island)and part of Marco Shores Planned Unit Development located in Sections 11, 14, 22, 23, 24 and 33,Township 41 South,Range 26 East and Sections 14, 15,21,22,23, 26 and 28,Township 52 South, Range 26 East,Collier County.Florida,executed by Robert L. Weintraub, Esquire, States Department Order recorded in Official Records Book 1505, Page 1728 through 1782 and Amendment in Resolution 89-149,recorded in Official Records Book 1505, Page 1795 through 1803, Resolution 88417 recorded in Official Records Book 1505, Page 2348 through 2351 "shall not constitute a lien, cloud, or encumbrance on any real property,or actual constructive notice of any of the same",recorded March 21, 1990 in Official Records Book 1514, Page746 through 760 and amendment recorded in Official Records Book 2774 page 3254,all Public Records of Collier County,Florida,as further amended. 9. Notice of Adoption of Development Order recorded in Official Records Book 2274 page 2129, and Notification of the Adoption of a Development Order Amendment recorded in Official Records Book 2774 page 3254,Public Records of Collier County,Florida. OR 5568 PG 3821 I 6 I I 10. Portions of subject property are within the boundaries of the Fiddler's Creek Community Development District #2 as evidenced by Notice of Establishment of Fiddler's Creek Community Dev. District #2 recorded in Official Records Book 3174, Page 3473, notice recorded in Official Records Book 3191 page 1020 , Final Judgment recorded in Official Records Book 3222 page 458,Agreement recorded in Official Records Book 3315 page 2999, Declaration of Consent recorded in Official Records Book 5217 page 1764, Amendment recorded in Official Records Book 5217 page 1776,Collateral Agreement recorded in Official Records Book 5217 page 1785 and True-Up Agreement recorded in Official Records Book 5217 page 1796, Agreement to Assign Reservations and Dedicate and/or convey recorded in Official Records Book 3315,Page 2999,Grant of temporary construction and access easement recorded in Official Records Book 3323, Page 875, Certificate of Secretary of the Fiddler's Creek Community Development District #2 recorded in Official Records Book 5567, Page 1680,Public Records of Collier County,Florida,which provides the property described therein will not receive or require any serve i •it II a#2 and therefore will not be subject to assessments levied by CDD#2. ��E Otjh 1 11.Terms, covenants, conditi• s, ' frictions, easements, .ses • nts and possible liens created by and set forth in the • en. d`ii kRe3tated aratio of eneral Covenants, Conditions and Restrictions for Fid•ler'. C eek r , . in ficial "ec.•ds Book 3685 page 319 and amendments recorded i Of' i. • • • . j� . .15I Official Records Book 4793 page 188, Official Reco ds •• -5 0 ••:e 1 I :a-d f t i. eeords Book 5330 page 129,of the Public Records of a ..nt• - .ri:.,::s ar • 's exception applies to only Conservation Area 1 an. - described on Lx •!c is •A- ' d "A-2" to the Supplemental Declaration recorded at 0.' : ,'ok 5330,Page 1 ugh, rds of Collier County,Florida] 12. Assignment and Assumption . ' ,. ..d late • • between 951 Land Holdings,Ltd., a Florida limited partnership, GB' goiiiit�3.t•., a Florida limited partnership and DY Land Associates Ltd., a Florida limite• p.r nership, Assignor, and DY Land Associates II., LLC, a Florida limited liability company, by instrument recorded in O.R. Book 4362, Page 2617, Notice of Assignment and Assumption Rights by and between 951 Land Holdings,Ltd., a Florida limited partnership,GBFC Development, Ltd., a Florida limited partnership and DY Land Associates Ltd., a Florida limited partnership, Assignor, and DY Land Associates II, LLC, a Florida limited liability company, by instrument recorded in O.R. Book 4362, page 2689, Declaration of Density Allocation recorded in Official Records Book 4362 page 2990 and amendment recorded in Official Records Book 5054 page 1820, Assignment of Density Allocations recorded in Official Records Book 4717 page 1352, Assignment of Density Allocations recorded in Official Records Book 4717 page 1477, Assignment of Density Allocations recorded in Official Records Book 4717 page 1640, Assignment of Density Allocation (400 Units)recorded in O.R. Book 5557, Page 898, all of which were recorded in the Public Records of Collier County, Florida. 13.Notice of Assignment and Assumption Rights by and between 951 Land Holdings, Ltd., a Florida limited partnership,DY Land Associates Ltd.,a Florida limited partnership and GBFC Development, Ltd., a Florida limited partnership, Assignor, and FCC Commercial, LLC, a 16 I 1 *" OR 5568 PG 3822 *** Florida limited liability company, by instrument recorded in O.R. Book 4362, page 3390, Public Records of Collier County, Florida. 14.Notice of Assignment and Assumption Rights by and between 951 Land Holdings, Ltd., a Florida limited partnership,DY Land Associates Ltd.,a Florida limited partnership and. GBFC Development, Ltd.,a Florida limited partnership,Assignor, and FC Parcel 73, LLC. a Florida limited liability company, by instrument recorded in O.R. Book 4362, page 3488, Public Records of Collier County, Florida. 15. Property is subject to Collier County Ordinances and/or Resolutions which establish mandatory garbage and solid waste collection in Collier County,said property is subject to all assessments made under said Ordinances/Resolutions. 16. Amended and Restated General Assignment and Assumption recorded in Official Records Book 5567,Page 1685,Public Recor ounty,Florida. 17.Deed of Conservation Easem it o Southh7a a • .ter Management District recorded in Official Records Book 5 ge 135,Public Recor. of oilier County, Florida. 1 CI 0 1 \aptIEi Niws PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 CURRENTS CDD 2900 NE 12TH TER#1 OAKLAND PARK,FL 33334-4447 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples. in Collier County, Florida, distributed in Collier and Lee counties of Florida. that the attached copy of the advertising was published in said newspaper on dates listed. Affant further says that the said Naples Daily News is a newspaper published at Naples. in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County. Florida. distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples. in said Collier County, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person or corporation any discount. rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Published:September 27.2019, October 4,2019 Subscribed and sworn to before on December 9.2019 JQ1(l VYI.av'c>Zt.or_L....) Notary,State of WI.County of Brown TARA MONDLOCH Notary Public State of Wisconsin My commission expires August 6 2021 Publication Cost $2,548.00 Ad No.0003782036 Customer No: 1387852 PO# ADV Res 2019-18 This is not an invoice 611 WHEREAS,the Currents Community Development District ("Dis- trict") is a local unit of special-purpose government organized and existing under and pursuant to Chapter 190, Flonda Stat- utes:and WHEREAS, the Distnct is authorized by Chapter 190. Florida Statutes, to finance, fund, plan. establish, acquire. install, equip, operate, extend. construct, or reconstruct roadways, sewer and water distribution systems.stormwater management/earthwork improvements, landscape, irrigation and entry features. conser- vation and mitigation, street lighting and other infrastructure projects. and services necessitated by the development ot. and serving lands within,the District:and WHEREAS,the District hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire. operate, and/or maintain the infrastructure im- provements and the acquisition of certain related interests in land ("Project")described in the District's Master Engineers Re- port prepared by Waldrop Engineering. Inc dated August. 2019 which is attached hereto as Exhibit A and incorporated herein by reference:and WHEREAS.it is in the best interest of the District to pay for all or a portion of the cost of the Project by the levy of special as- sessments("Assessments"), using the methodology set forth in that Master Special Assessment Methodology. dated September 11. 2019 which is attached hereto as Exhibit B, incorporated herein by reference, and on file with the District Manager at c JPWard & Associates LLC.2900 Northeast 12th Terrace Suite 1 Oakland Park,Florida 33334.( "District Records Office'):and WHEREAS. the District is empowered by Chapter 190, the Uni- form Community Development District Act. Chapter 170. Sup- plemental and Alternative Method of Making Local Municipal Improvements, and Chapter 197, the Uniform Method for the Levy, Collection and Enforcement of Non-Ad Valorem Assess ments. Florida Statutes, to finance, fund, plan. establish. ac- quire, construct or reconstruct. enlarge or extend, equip oper- ate. and maintain the Project and to impose. levy and collect the Assessments. NOW,THEREFOREBE IT RESOLVEDBY THE BOARD OF SUPERVI SORS OF THE CURRENTS COMMUNITY DEVELOPMENT DISTRIC Section 1.AUTHORITY FOR THIS RESOLUTION:INCORPORATIOP OF RECITALS.This Resolution is adopted pursuant to the provi- sions of Florida law, including without limitation Chapters 170. 190 and 197. Florida Statutes. The recitals stated above are in- corporated herein and are adopted by the Board as true and correct statements. Section 2.DECLARATION OF ASSESSMENTS.The Board hereby declares that it has determined to make the Project and to de- fray all or a portion of the cost thereof by the Assessments, Section 3.DESIGNATING THE NATURE AND LOCATION OF IM- PROVEMENTS. The nature and general location of and plans and specifications for, the Project are described in Exhibit A. which is on file at the District Records Office. Exhibit B is also on file and available for public inspection at the same location Section 4.DECLARINGTHE TOTAL ESTIMATED COST OF THE IM- PROVEMENTS,THE PORTION TO BE PAID BY ASSESSMENT; AND THE MANNER AND TIMING IN WHICH THE ASSESSMENT ARE TO BE PAID. A. The total estimated cost of the Project is$76.253.138 67 ("Es- timated Cost") B. The Assessments will defray approximately $90,620,000.00. which is the anticipated maximum par value of any bonds and which includes all or a portion of the Estimated Cost.as well as other financing-related costs. as set forth in Exhibit B. and which is in addition to interest and collection costs. C The manner in which the Assessments shall be apportioned and paid is set forth in Exhibit B.as may be modified by supple- mental assessment resolutions. The Assessments shall be paid in not more than (30) thirty yearly installments The Assessments may be payable at the same time and in the same marner as are ad-valorem taxes and collected pursuant to Chapter 197. Florida Statutes. provided. however. that in the event the uni- form non ad-valorem assessment method of collecting the As- sessments is not available to the District in any year or if deter mined by the District to be in its best interest, the Assessments may be collected as is otherwise permitted by law. including but not limited to by direct bill. The decision to collect special as- sessments by any particular method -e.g., on the tax roll or by direct bill -does riot mean that such method will be used to col led special assessments in future years and the District reserves the right in its sole discretion to select collection methods in any given year.regardless of past practices. Section 5.DESIGNATING THE LANDS UPON WHICH THE SPECIAI ASSESSMENTSHALL BE LEVIED. The Assessments securing the Project shall be levied on certain lots and lands within the District. as described in Exhibit B,and as further designated by the assessment plat hereinafter provided for. Section 6.ASSESSMENTPLAT. Pursuant to Sectior 170 04. Flori- da Statlilec 1hPrP. is nn file at the District Records Offirp an as- sessment plat showing the area to be assessed,with certain plans and specifications describing the Project and the estimat- ed cost of the Project. all of which shall be open to inspection by the public. Section 7.PRELIMINARYASSESSMEN1ROLL.Pursuant to Section 170.06. Florida Statutes. the District Manager has caused to be made a preliminary assessment roll, in accordance with the method of assessment described in Exhibit B hereto, which shows the lots and lands assessed.the amount of benefit to and the assessment against each lot or parcel of land and the num- ber of annual installments into which the assessment may be divided, which assessment roll is hereby adopted and approved as the District's preliminary assessment roll Section 8.PUBLICHEARING DECLARED;DIRECTIONTO PROVIDE NOTICE OF THE HEARING. Pursuant to Sections 170.07 and 197.3632(4)(b), Florida Statutes. among other provisions of Flori- da law, there is hereby declared a public hearing to be held as follows: NOTICE OF PUBLIC HEARING DATE: October 14.2019 TIME: 11:00 A.M. LOCATION: Coleman Yovanovich 8 Koester 4001 Tamiami Trail North. Suite 300 Naples.Florida 34103 The purpose of the public hearing is to hear comment and ob- jections to the proposed special assessment program for District improvement as identified in the pretimmar assessment roll, a copy of which is on file and as set forth in Exhibit B. Interested parties may appear at that hearing or submit their comments in writing prior to the hearing at the District Records Office. Notice of said hearing shall he advertised in accordance with Chapters 170, 190 and 197 Florida Statutes, and the District Manager is hereby authorized and directed to place said notice in a newspaper of general circulation within Collier County (by two publications one week apart with the first publication at least twenty (20)days pnoi to the date of the hearing establish- ed herein) The District Manager shall file a publisher s affidavit with the District Secretary verifying such publication of notice. The District Manager is further authorizeo and directed to give thirty (30) days written notice by mail of the time and place of this hearing to the owners of all property to be assessedand in- clude in such notice the amount of the assessment for each such property owner. a description of the areas to be improved and notice that information concerning all assessments may be as- certained at the District Records Office. The Distnct Manager shall file proof of such mailing by affidavit with the District Sec retary. Section 9.PUBLICATION OF RESOLUTION. Pursuant to Section 170.05. Florida Statutes. the District Manager is hereby directed to cause this Resolution to be published twice (once a week for two (2)weeks) in a newspaper of general circulation within Col- lier County and to provide such other notice as may be required by law or desired in the best interests of the District. Section 10. CONFLICTS.All resolutions or parts thereof in con- flict herewith are. to the extent of such conflict, superseded and repealed. Section 11. SEVERABILITY.If any section or part of a section of this Resolution be declared .nvalid or unconstitutional, the val- idity, force. and effect of any other section or part of a section of this Resolution snail not thereby be affected or impaired un- less it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitu- tional. Section 12.EFFECTIVB)ATE. This Resolution shall become effec- tive upon its adoption PASSED AND ADOPTED this 1 tth day of September,2019. Currents Community Development District James P.Ward,District Manager Sect 27:Oct 4,2019 #3782036 • • • • `M , .ors ,- . _ l a r� r; p VERONA WALK COMMUNITY DEVELOPMENT DISTRICT e 6 ' 1_ c/o Special District Services, Inc. i 2501 Burns Road, Suite A Palm Beach Gardens,Florida 33410 (561) 630-4922 Fax: (561) 630-4923 May 19, 2023 VIA CERTIFIED MAIL— RETURN RECEIPT REQUESTED Clerk of the Circuit Court Collier County Courthouse 3315 Tamiami Trail East,#102 Naples, Florida 34112-5324 Re: Verona Walk Community Development District To Whom It May Concern: Pursuant to Florida law, enclosed please find a copy of the following document relative to the above referenced community development district: 1.) Proposed Fiscal Year 2023/2024 Budget(Oct. 1,2023—Sept. 30,2024) If you have any questions or comments,please contact our office. Sincerely, SPECIAL DISTRICT SERVICES, INC. Laura J. Arc er Enclosure 1bll Verona Walk Community Development District Proposed Budget For Fiscal Year 2023/2024 October 1, 2023 - September 30, 2024 CON TENTS b ' I PROPOSED BUDGET II DETAILED PROPOSED BUDGET III DETAILED PROPOSED DEBT SERVICE FUND BUDGET(SERIES 2013) IV DETAILED PROPOSED DEBT SERVICE FUND BUDGET(SERIES 2018) V ASSESSMENT COMPARISON PROPOSED BUDGET 16 I VERONA WALK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024 OCTOBER 1,2023-SEPTEMBER 30,2024 FISCAL YEAR 2023/2024 REVENUES BUDGET O&M ASSESSMENTS 311,297 DEBT ASSESSMENTS-SERIES 2013 515,565 DEBT ASSESSMENTS-SERIES 2018 582,044 OTHER REVENUES 0 INTEREST INCOME 600 TOTAL REVENUES $ 1,409,506 EXPENDITURES MAINTENANCE EXPENDITURES _ FIELD INSPECTOR 42,600 VEHICLE-INSURANCE 1,000 VEHICLE-EQUIPMENT(SMALL TOOLS) 1,545 VEHICLE-GAS&MAINTENANCE 2,750 GOLF CART STORAGE 1,200 LAKE SPRAYING(SOLITUDE-CLARK) 77,500 LAKE WATER QUALITY TESTING(BENCHMARK) _ 6,000 LAKE LITTORAL PROJECTS 6,000 LAKE BANK MOWING 16,500 OUTFALL PIPE&STRUCTURE INSPECTION&CLEANING 5,000 STORM PIPE&EROSION REPAIRS 48,000 DREDGING 1,000I MISCELLANEOUS MAINTENANCE 1,250 TOTAL MAINTENANCE EXPENDITURES S 210,345 ADMINISTRATIVE EXPENDITURES ENGINEERING 14,500 MANAGEMENT 49,788 SECRETARIAL 4,200 LEGAL 16,0001 ASSESSMENT ROLL 10,000 AUDIT FEES 4,100 ARBITRAGE REBATE FEE-SERIES 2013 650 ARBITRAGE REBATE FEE-SERIES 2018 _ 650 INSURANCE 7,250 LEGAL ADVERTISING 2,050 MISCELLANEOUS/CONTINGENCY 2,000 POSTAGE 700 OFFICE SUPPLIES 1,075 DUES&SUBSCRIPTIONS 175 WEBSITE MANAGEMENT 2,000 TRUSTEE FEES-SERIES 2013 4,730 TRUSTEE FEES-SERIES 2018 4,100 CONTINUING DISCLOSURE FEE 1,000 TOTAL ADMINISTRATIVE EXPENDITURES $ 124,968 TOTAL EXPENDITURES 335,313 REVENUES LESS EXPENDITURES $ 1,074,193 BOND PAYMENTS(SERIES 2013) (476,898) BOND PAYMENTS(SERIES 2018) (538,391) BALANCE $ 58,904 COUNTY APPRAISER&TAX COLLECTOR ADMINISTRATIVE COSTS (48,647) DISCOUNTS FOR EARLY PAYMENTS (57,108) EXCESS/(SHORTFALL) $ (46,851) CARRYOVER FROM PRIOR YEAR 46,851 NET EXCESS/(SHORTFALL) $ - Note:Projected Available Funds Balance As Of 9-30-23 is$570,000 5/182023 12.03 PM I DETAILED PROPOSED BUDGET 16 I 1 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024 OCTOBER 1,2023-SEPTEMBER 30,2024 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2021/2022 202212023 2023/2024 REVENUES ACTUAL BUDGET BUDGET COMMENTS 0&M ASSESSMENTS 311,423 311,297 311,297 Expenditures Less Interest&Carryover/.925 DEBT ASSESSMENTS-SERIES 2013 515,777 515,565 515 565 Bond Pa ments/.925 DEBT ASSESSMENTS-SERIES 2018 582,893 582,655 582,044 Bond Pa ments/.925 OTHER REVENUES 0 0 0 INTEREST INCOME 838 480 600 Interest Projected At$500 Per Month TOTAL REVENUES $ 1,410 931 $ 1 409 997 $ 1 409 506 EXPENDITURES MAINTENANCE EXPENDITURES FIELD INSPECTOR 43,530 42,000 42,600$600 Increase From 2022/2023 Bud.et VEHICLE-INSURANCE 0 1,000 1,000 No Change From 2022/2023 Budget VEHICLE-EQUIPMENT(SMALL TOOLS) 0 1,545 1,545 No Chan.e From 2022/2023 Bud.et VEHICLE-GAS&MAINTENANCE 248 2,750 2,750 No Change From 2022/2023 Budget GOLF CART STORAGE 1,200 1,200 1,200 No Chan.e From 2022/2023 Bud.et LAKE SPRAYING(SOLITUDE-CLARK) 67.800 77,500 77,500 FY 22/23 Expenditure Through April 2023 Was$39.550 LAKE WATER QUALITY TESTING BENCHMARK 4,224 6,000 6,000 No Chan.e From 2022/2023 Budget LAKE LITTORAL PROJECTS 0 20,000 6,000$14,000 Decrease From 2022/2023 Budget LAKE BANK MOWING 16,200 12,000 16,500$4,500 Increase From 2022/2023 Budget OUTFALL PIPE&STRUCTURE INSPECTION&CLEANING 0 5,000 5 000 No Chan.e From 2022/2023 Bu•.et STORM PIPE&EROSION REPAIRS 23,959 50,000 48,000$2,000 Decrease From 2022/2023 Budget DREDGING 0 1,000 1,000 No Change From 2022/2023 Budget MISCELLANEOUS MAINTENANCE 10,851 1,250 1,250 No Change From 2022/2023 Budget TOTAL MAINTENANCE EXPENDITURES $ 168,012 $ 221,245 $ 210,346 ADMINISTRATIVE EXPENDITURES ENGINEERING 8 989 14,500 14 500 No Chan.e From 2022/2023 Bud.et MANAGEMENT 46,944 48,348 49,788 CPI Adjustment(Capped At 3%) SECRETARIAL 4,200 4,200 4,200 No Change From 2022/2023 Bud.et LEGAL _ 10,945 16,500 16,000 FY 22/23 Ex•enditures Through Jan 2023 Were$2,466 ASSESSMENT ROLL 10 000 10,000 10 000 As Per Contract AUDIT FEES 3,800 3,900 mi il 1 itiEnAcce•ted Amount For 2022/2023 Audit ARBITRAGE REBATE FEE-SERIES 2013 650 650 650 No Change From 2022/2023 Budget ARBITRAGE REBATE FEE-SERIES 2018 650 650 650 No Chan.e From 2022/2023 Bud.et INSURANCE 6,022 7,250 7,250 Insurance Estimate LEGAL ADVERTISING 679 2,050 2,050 No Change From 2022/2023 Budget MISCELLANEOUS/CONTINGENCY 1,155 2,200 2,000$200 Decrease From 2022/2023 Bud.et POSTAGE 700 700 No Change From 2022/2023 Budget OFFICE SUPPLIES NM 1,075 1,075 No Chan.e From 2022/2023 Bud.et DUES&SUBSCRIPTIONS 175 175 No Chan.e From 2022/2023 Budget WEBSITE MANAGEMENT 2,000 2,000 2,000 No Change From 2022/2023 Budget TRUSTEE FEES-SERIES 2013 4,730 4,730 4,730 No Change From 2022/2023 Budget TRUSTEE FEES-SERIES 2018 3,709 4,100 4,100 No Chan.e From 2022/2023 Bud.et CONTINUING DISCLOSURE FEE 1,000 1,000 1,000 No Chan.e From 2022/2023 Bud.et TOTAL ADMINISTRATIVE EXPENDITURES $ 107,126 $ 124 028 $ 124 968 TOTAL EXPENDITURES $ 276 138 $ 346 273 $ 336 313 REVENUES LESS EXPENDITURES $ 1 135 793 $ 1 064,724 $ 1 074 193 BOND PAYMENTS(SERIES 2013) (486,494) (476,898) (476,898)2024 Principal&Interest Payments BOND PAYMENTS(SERIES 2018) (549,800) (38,956 538,391 2024 Principal&Interest Pa ments BALANCE $ 99,499 $ 48,870 $ 58,904 11111111 COUNTY APPRAISER&TAX COLLECTOR ADMINISTRATIVE COSTS (20,031 Three And One Halt Percent Or Total Assessment Roll DISCOUNTS FOR EARLY PAYMENTS (52,909) (57,085) (57,108)Four Percent Of Total Assessment Roll EXCESS/(SHORTFALL) $ 26 659 $ 66 843 $ 46 851 CARRYOVER FROM PRIOR YEAR 0 56,843 46,851 Carryover From Prior Year NET EXCESS/(SHORTFALL) $ 26,569 $ - $ - Note:Projected Available Funds Balance As Of 9-30-23 is$570,000 5/18I2023 12'.03 PM I I DETAILED PROPOSED DEBT SERVICE(SERIES 2013)FUND BUDGET VERONA WALK COMMUNITY DEVELOPMENT DISTRICT 1 6 ` 1 FISCAL YEAR 2023/2024 OCTOBER 1,2023-SEPTEMBER 30,2024 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2021/2022 2022/2023 2023/2024 REVENUES ACTUAL BUDGET BUDGET COMMENTS Interest Income 1,157 25 100 Projected Interest For 2023/2024 NAV Collection 486,494 477,985 476,898 Maximum Debt Service Collection Prepaid Bond Collection 0 0 0 Prepaid Bond Collection Total Revenues $ 487,651 $ 478,010 $ 476,998 EXPENDITURES Principal Payments(2013A-1) 245,000 260,000 265,000 Principal Payment Due In 2024 Principal Payments(2013A-2) 15,000 15,000 15,000 Principal Payment Due In 2024 Interest Payments(2013A-1) 192,272 178,413 167,997 Interest Payments Due In 2024 Interest Payments(2013A-2) 11,500 11,088 10,375 Interest Payments Due In 2024 Bond Redemption 45,000 13,509 18,626 Estimated Excess Debt Collections Total Expenditures $ 508,772 $ 478,010 $ 476,998 Excess/(Shortfall) $ (21,121) $ - $ - Series 2013A-1 Bond Refunding Information Original Par Amount= $6,455,000 Annual Principal Payments Due= May 1st Interest Rate= 1.1%-4.375% Annual Interest Payments Due= May 1st&November 1st Issue Date= June 2013 Maturity Date= May 2035 Par Amount As Of 1/1/23= $4,320,000 Series 2013A-2 Bond Refunding Information Original Par Amount= $650,000 Annual Principal Payments Due= May 1st Interest Rate= 4.5%-5.0% Annual Interest Payments Due= May 1st&November 1st Issue Date= June 2013 Maturity Date= May 2035 Par Amount As Of 1/1/23= $170,000 5/18/2023 12.03 PM III DETAILED FINAL DEBT SERVICE (SERIES 2018) FUND BUDGET 16 ' 1 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024 OCTOBER 1,2023-SEPTEMBER 30,2024 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2021/2022 2022/2023 2023/2024 REVENUES ACTUAL BUDGET BUDGET COMMENTS Interest Income 19 25 100 Projected Interest For 2023/2024 NAV Collection 549,800 538,956 538,391 Maximum Debt Service Collection Prepaid Bond Collection 0 0 0 Prepaid Bond Collection Total Revenues $ 549,819 $ 538,981 $ 538,491 EXPENDITURES Principal Payments 328,000 338,000 350,000 Principal Payment Due In 2024 Interest Payments 215,995 199,843 188,363 Interest Payments Due In 2024 Bond Redemption 0 1,138 128 Estimated Excess Debt Collections Total Expenditures $ 543,995 $ 538,981 $ 538,491 Excess/(Shortfall) $ 5,824 $ - $ - Series 2018 Bond Refunding Information Original Par Amount= $7,677,000 Annual Principal Payments Due= May 1st Interest Rate= 3.25%-5.375% Annual Interest Payments Due= May 1st&November 1st Issue Date= March 2018 Maturity Date= May 2037 Par Amount As Of 1/1/23= $6,318,000 5/18/2023 12:03 PM IV - Verona Walk Community Development District 1 6 11. Assessment Comparison Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Lot 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 Size Assessment' Assessment' Assessment' Assessment' Projected Assessment' Phase One Townhome 26' O&M $ 162.13 $ 162.13 $ 162.13 $ 162.13 $ 162.13 Cayman QeJ $ 540.00 $ 540.00 $ 540.00 $ 540.00 $ 640.00 Total $ 702.13 $ 702.13 $ 702.13 $ 702.13 $ 702.13 Duplex 36' 0&M $ 162.13 $ 162.13 $ 162.13 $ 162.13 $ 162.13 Capri/Carrington Debt $ 540.00 $ 540.00 $ 540.00 $ 540.00 $ 640.00 Total $ 702.13 $ 702.13 $ 702.13 E 702.13 $ 702.13 Single Family 50' 0&M $ 162.13 $ 162.13 $ 162.13 $ 1622.13 $ 162.13 Oakmont 201 $ 635.00 $ 635.00 $ 635.00 $ 635.00 $ 635.00 Total $ 797.13 $ 797.13 $ 797.13 $ 797.13 $ 797.13 Single Family 60' 0&M $ 162.13 $ 162.13 $ 162.13 $ 162.13 $ 162.13 Carlyle Debt $ 730.00 $ 730.00 $ 730.00 $ 730.00 $ 730.00 Total $ 892.13 5 892.13 $ 892.13 $ 892.13 $ 892.13 phase TwQ Duplex 36'/SF 40' 0&M $ 162.13 $ 162.13 $ 162.13 $ 162.13 $ 162.13 Capri/Camngton D $ 511.00 $ 511.00 $ 511.00 $ 511.00 $ 511.00 Total $ 673.13 $ 673.13 $ 673.13 $ 673.13 $ 673.13 Single Family 40' 0&M $ 182.13 $ 162.13 $ 162.13 $ 162.13 $ 162.13 Garden Qgpj $ 577.00 $ 577.00 $ 577.00 $ 577.00 $ 577.00 Total $ 739.13 $ 739.13 $ 739.13 $ 739.13 $ 739.13 Single Family 50' 0&M $ 162.13 $ 162.13 $ 162.13 $ 162.13 $ 162.13 Oakmont Q� $ 601.00 E 601.00 $ 601.00 $ 601.00 $ 601.00 Total $ 763.13 $ 763.13 $ 763.13 $ 763.13 $ 763.13 Single Family 60' 0&M $ 182.13 $ 162.13 $ 162.13 $ 162.13 $ 162.13 Carlyle pgki $ 691.00 $ 691.00 $ 691.00 $ 691.00 $ 691.00 Total $ 853.13 $ 853.13 $ 853.13 $ 853.13 $ 653.13 Single Family 85' 0&M $ 162.13 $ 162.13 $ 162.13 $ 162.13 $ 16213 Estate DAM $ 759.00 $ 759.00 $ 759.00 $ 759.00 $ 759.00 Total $ 921.13 $ 921.13 $ 921.13 $ 921.13 $ 921.13 Assessments Include the Following: 4%Discount for Early Payments 2%County Property Appraiser Costs 1.5%County Tax Collector Costs Community Information: Phase I Maximum Annual Lot No.of Units Type Front Footage Name Debt Assessment Bond Prepayments Differential Prepayment' 246 Townhome 26' Cayman $ 540 6 68 350 Duplex 36' Capri/Carrington $ 540 11 0 242 Single Family 50' Oakmont $ 635 7 -35 21 Single Family 60' Carlyle $ 730 1 1 935 r 25 34 Phase II Maximum Annual Lot Disclosure No.of Units Type Front Footage Name Debt Assessment Bond Prepayments Differential Prepayment" 443 Duplex/SF 36740' Capri/Carrington $ 511 7 -4 58 Duplex 40' Garden $ 577 0 4 325 SF 50' Oakmont $ 601 8 0 161 SF 60765' Carlyle $ 691 0 0 12 SF 65' Estate $ 759 0 0 1019 15 0 1 New Bond Prepayer For 2023/2024 Budget(Phase 2-Oakmont) 'Developer made Bond Prepayment in August 2014 for 34 lot differential(68 Phase 1 Caymans replaced with 34 Oakmonts) •Developer made Bond Prepayment In November 2014 for 1 lot differential(1 Phase 1 Carlyle replaced with 1 Oakmont) "Developer built Carrington Homes on Garden Lots(Karina Street)-Debt Assessments for those lots was$678-now$577. "Developer made Bond Prepayment in November 2014 for 4 lot disclosure differential(4 40'disclosed at 36740'rate) Total Lots A ed For O&M=1920 6/18/2023 12:03 PM V VERONA WALK COMMUNITY DEVELOPMENT DISTRICT 1 b c/o Special District Services, Inc. 2501 Burns Road, Suite A Palm Beach Gardens, Florida 33410 (561) 630-4922 Fax: (561) 630-4923 May 19, 2023 VIA CERTIFIED MAIL— RETURN RECEIPT REQUESTED Clerk of the Circuit Court Collier County Courthouse 3315 Tamiami Trail East, #102 Naples, Florida 34112-5324 Re: Verona Walk Community Development District To Whom It May Concern: Pursuant to Florida law, enclosed please find a copy of the following document relative to the above referenced community development district: 1.) Proposed Fiscal Year 2023/2024 Budget(Oct. 1, 2023—Sept. 30,2024) If you have any questions or comments,please contact our office. Sincerely, SPECIAL DISTRICT SERVICES, INC. Laura J. Arc er Enclosure if) 11 Verona Walk Community Development District Proposed Budget For Fiscal Year 2023/2024 October 1, 2023 - September go, 2024 CONTENTS t ' I PROPOSED BUDGET II DETAILED PROPOSED BUDGET III DETAILED PROPOSED DEBT SERVICE FUND BUDGET(SERIES 2013) IV DETAILED PROPOSED DEBT SERVICE FUND BUDGET(SERIES 2018) V ASSESSMENT COMPARISON PROPOSED BUDGET ' 1 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT v FISCAL YEAR 2023/2024 OCTOBER 1,2023-SEPTEMBER 30,2024 FISCAL YEAR 2023/2024 REVENUES BUDGET O&M ASSESSMENTS 311,297 DEBT ASSESSMENTS-SERIES 2013 515,565 DEBT ASSESSMENTS-SERIES 2018 582,044 OTHER REVENUES 0 INTEREST INCOME 600 TOTAL REVENUES $ 1,409,506 EXPENDITURES MAINTENANCE EXPENDITURES _ FIELD INSPECTOR 42,600 VEHICLE-INSURANCE 1,000 VEHICLE-EQUIPMENT(SMALL TOOLS) 1,545 VEHICLE-GAS&MAINTENANCE 2,750 GOLF CART STORAGE 1,200 LAKE SPRAYING(SOLITUDE-CLARK) 77,500 LAKE WATER QUALITY TESTING(BENCHMARK) 6,000 LAKE LITTORAL PROJECTS 6,000 LAKE BANK MOWING 16,500 OUTFALL PIPE&STRUCTURE INSPECTION&CLEANING 5,000 STORM PIPE&EROSION REPAIRS 48,000 DREDGING 1,000 MISCELLANEOUS MAINTENANCE 1,250 TOTAL MAINTENANCE EXPENDITURES $ 210,345 ADMINISTRATIVE EXPENDITURES ENGINEERING 14,500 MANAGEMENT 49,788 SECRETARIAL 4,200 LEGAL 16,0001 ASSESSMENT ROLL 10,000 AUDIT FEES 4,100 ARBITRAGE REBATE FEE-SERIES 2013 650 ARBITRAGE REBATE FEE-SERIES 2018 650 INSURANCE 7,250 LEGAL ADVERTISING 2,050 MISCELLANEOUS/CONTINGENCY 2,000 POSTAGE 700 OFFICE SUPPLIES 1,075 DUES&SUBSCRIPTIONS 175 WEBSITE MANAGEMENT 2,000 TRUSTEE FEES-SERIES 2013 4,730 TRUSTEE FEES-SERIES 2018 4,100 CONTINUING DISCLOSURE FEE 1,000 TOTAL ADMINISTRATIVE EXPENDITURES $ 124,968 TOTAL EXPENDITURES $ 335,313 REVENUES LESS EXPENDITURES $ 1,074,193 BOND PAYMENTS(SERIES 2013) (476,898) BOND PAYMENTS(SERIES 2018) (538,391) BALANCE $ 58,904 COUNTY APPRAISER&TAX COLLECTOR ADMINISTRATIVE COSTS (48,647) DISCOUNTS FOR EARLY PAYMENTS (57,108) EXCESS/(SHORTFALL) $ (46,851) CARRYOVER FROM PRIOR YEAR 46,851 NET EXCESS/(SHORTFALL) $ - Note:Projected Available Funds Balance As Of 9-30-23 is$570,000 5/18/2023 12 03 PM DETAILED PROPOSED BUDGET i ©` I 1 4 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024 OCTOBER 1,2023-SEPTEMBER 30,2024 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2021/2022 2022/2023 2023/2024 REVENUES ACTUAL BUDGET BUDGET COMMENTS 0&M ASSESSMENTS 311,423 311,297 311,297 Expenditures Less Interest&Carryover/.925 DEBT ASSESSMENTS-SERIES 2013 515,777 515,565 515,565 Bond Payments/.925 DEBT ASSESSMENTS-SERIES 2018 582,893 582,655 582,044 Bond Payments/.925 OTHER REVENUES 0 0 0 INTEREST INCOME 838 480 600 Interest Projected At$500 Per Month TOTAL REVENUES $ 1,410,931 $ 1,409,997 $ 1,409,506 EXPENDITURES MAINTENANCE EXPENDITURES FIELD INSPECTOR 43,530 42,000 42,600$600 Increase From 2022/2023 Budget VEHICLE-INSURANCE 0 1,000 1,000 No Change From 2022/2023 Budget VEHICLE-EQUIPMENT(SMALL TOOLS) 0 1,545 1,545 No Change From 2022/2023 Budget VEHICLE-GAS&MAINTENANCE 248 2,750 2,750 No Change From 2022/2023 Budget GOLF CART STORAGE 1,200 1,200 1,200 No Change From 2022/2023 Budget LAKE SPRAYING(SOLITUDE-CLARK) 67.800 77,500 77,500 FY 22/23 Expenditure Through April 2023 Was$39,550 LAKE WATER QUALITY TESTING(BENCHMARK) 4,224 6,000 6,000 No Change From 2022/2023 Budget LAKE LITTORAL PROJECTS 0 20,000 6,000$14,000 Decrease From 2022/2023 Budget LAKE BANK MOWING 16,200 12,000 16,500$4,500 Increase From 2022/2023 Budget OUTFALL PIPE&STRUCTURE INSPECTION&CLEANING 0 5,000 5,000 No Change From 2022/2023 Budget STORM PIPE&EROSION REPAIRS 23,959 50,000 48,000$2,000 Decrease From 2022/2023 Budget DREDGING 0 1,000 1,000 No Change From 2022/2023 Budget MISCELLANEOUS MAINTENANCE 10,851 1,250 1,250 No Change From 2022/2023 Budget TOTAL MAINTENANCE EXPENDITURES $ 168,012 $ 221,245 $ 210,346 ADMINISTRATIVE EXPENDITURES ENGINEERING 8 989 14,500 14,500 No Change From 2022/2023 Budget MANAGEMENT 46,944 48,348 49,788 CPI Adjustment(Capped At 3%) SECRETARIAL 4,200 4,200 4,200 No Change From 2022/2023 Budget LEGAL 10,945 16,500 16,000 FY 22/23 Expenditures Through Jan 2023 Were$2,468 ASSESSMENT ROLL 10,000 10,000 10,000 As Per Contract AUDIT FEES 3,800 3,900 4,100 Accepted Amount For 2022/2023 Audit ARBITRAGE REBATE FEE-SERIES 2013 650 650 650 No Change From 2022/2023 Budget ARBITRAGE REBATE FEE-SERIES 2018 650 650 650 No Change From 2022/2023 Budget INSURANCE 6,022 7,250 7,250 Insurance Estimate LEGAL ADVERTISING 679 2,050 2,050 No Change From 2022/2023 Budget MISCELLANEOUS/CONTINGENCY 1,155 2,200 2,000$200 Decrease From 2022/2023 Budget POSTAGE 526 700 700 No Change From 2022/2023 Budget OFFICE SUPPLIES 952 1,075 1,075 No Chafe From 2022/2023 Budget DUES&SUBSCRIPTIONS 175 175 175 No Change From 2022/2023 Budget WEBSITE MANAGEMENT 2,000 2,000 2,000 No Change From 2022/2023 Budget TRUSTEE FEES-SERIES 2013 4,730 4,730 4,730 No Change From 2022/2023 Budget TRUSTEE FEES-SERIES 2018 3,709 4,100 4,100 No Change From 2022/2023 Budget CONTINUING DISCLOSURE FEE 1,000 1,000 1,000 No Change From 2022/2023 Budget TOTAL ADMINISTRATIVE EXPENDITURES $ 107,126 $ 124,028 $ 124,968 TOTAL EXPENDITURES $ 275,138 $ 346,273 $ 335,313 REVENUES LESS EXPENDITURES $ 1,135,793 $ 1 064,724 $ 1,074,193 BOND PAYMENTS(SERIES 2013) (486,494) (476,898) (476,898)2024 Principal&Interest Payments BOND PAYMENTS(SERIES 2018) (549,800) (538,956). (538,391)2024 Principal&Interest Payments BALANCE $ 99,499 $ 48,870 $ 68,904 COUNTY APPRAISER&TAX COLLECTOR ADMINISTRATIVE COSTS (20,031) (48,628) (48,647)Three And One Half Percent Or Total Assessment Rot DISCOUNTS FOR EARLY PAYMENTS (52,909) (57,085) (57,108)Four Percent Of Total Assessment Roll EXCESS/(SHORTFALL) $ 26,669 $ (56,843) $ (46,851) CARRYOVER FROM PRIOR YEAR 0 56,843 46,851 Carryover From Prior Year NET EXCESS/(SHORTFALL) $ 26,559 $ - $ - Note:Projected Available Funds Balance As Of 9-30-23 is$570,000 5/15/2023 12 03 PM I DETAILED PROPOSED DEBT SERVICE (SERIES 2013)FUND BUDGET 1 6 i I VERONA WALK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024 OCTOBER 1,2023-SEPTEMBER 30,2024 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2021/2022 2022/2023 2023/2024 REVENUES ACTUAL BUDGET BUDGET COMMENTS Interest Income 1,157 25 100 Projected Interest For 2023/2024 NAV Collection 486,494 477,985_ 476,898 Maximum Debt Service Collection Prepaid Bond Collection 0 0 0 Prepaid Bond Collection Total Revenues $ 487,651 $ 478,010 $ 476,998 EXPENDITURES Principal Payments(2013A-1) 245,000 260,000 265,000 Principal Payment Due In 2024 Principal Payments(2013A-2) 15,000 15,000 15,000 Principal Payment Due In 2024 Interest Payments(2013A-1) 192,272 178,413, 167,997 Interest Payments Due In 2024 Interest Payments(2013A-2) 11,500 11,088 10,375 Interest Payments Due In 2024 Bond Redemption 45,000 13,509 18,626 Estimated Excess Debt Collections Total Expenditures $ 508,772 $ 478,010 $ 476,998 Excess/(Shortfall) $ (21,121) $ - $ - Series 2013A-1 Bond Refunding Information Original Par Amount= $6,455,000 Annual Principal Payments Due= May 1st Interest Rate= 1.1%-4.375% Annual Interest Payments Due= May 1st&November 1st Issue Date= June 2013 Maturity Date= May 2035 Par Amount As Of 1/1/23= $4,320,000 Series 2013A-2 Bond Refunding Information Original Par Amount= $850,000 Annual Principal Payments Due= May 1st Interest Rate= 4.5%-5.0% Annual Interest Payments Due= May 1st&November 1st Issue Date= June 2013 Maturity Date= May 2035 Par Amount As Of 1/1/23= $170,000 5/13/2023 12.03 PM I I I ' DETAILED FINAL DEBT SERVICE (SERIES 2018) FUND BUDGET i 6 I 1 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024 OCTOBER 1,2023-SEPTEMBER 30,2024 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2021/2022 2022/2023 2023/2024 REVENUES ACTUAL BUDGET BUDGET COMMENTS Interest Income 19 25 100 Projected Interest For 2023/2024 NAV Collection 549,800 538,956 538,391 Maximum Debt Service Collection Prepaid Bond Collection 0 0 0 Prepaid Bond Collection Total Revenues $ 549,819 $ 538,981 $ 538,491 EXPENDITURES Principal Payments 328,000 338,000 350,000 Principal Payment Due In 2024 Interest Payments 215,995 199,843 188,363 Interest Payments Due In 2024 Bond Redemption 0 1,1 38 128 Estimated Excess Debt Collections Total Expenditures $ 543,995 $ 538,981 $ 538,491 Excess/(Shortfall) $ 5,824 $ - $ - Series 2018 Bond Refunding Information Original Par Amount= $7,677,000 Annual Principal Payments Due= May 1st Interest Rate= 3.25%-5.375% Annual Interest Payments Due= May 1st&November 1st Issue Date= March 2018 Maturity Date= May 2037 Par Amount As Of 1/1/23= $6,318,000 5/1B/2023 12'.03 PM I V • Verona Walk Community Development District 1 ei % 1 • Assessment Comparison Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Lot 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 Size Assessment* Assessment' Assessment' Assessment' Projected Assessment* Phase One Townhome 26' 0&M $ 162.13 $ 182.13 $ 162.13 $ 162.13 $ 162.13 Cayman 120.b $ 540.00 $ 540.00 $ 540.00 $ 540.00 $ 540.00 Total $ 702.13 $ 702.13 $ 702.13 $ 702.13 $ 702.13 Duplex 36' 0&M $ 162.13 $ 162.13 $ 162.13 $ 182.13 $ 162.13 Capri/Carrington De $ 540.00 $ 540.00 $ 540.00 $ 540.00 $ 540.00 Total $ 702.13 $ 702.13 $ 702.13 $ 702.13 $ 702.13 Single Family 50 0&M $ 162.13 $ 162.13 $ 162.13 $ 182.13 $ 162.13 Oakmont j2ept $ 635.00 $ 635.00 $ 635.00 $ 835.00 $ 635.00 Total $ 797.13 $ 797.13 $ 797.13 $ 797.13 $ 797.13 Single Family 60' 0&M $ 162.13 $ 182.13 $ 162.13 $ 162.13 $ 162.13 Carlyle Ogp $ 730.00 $ 730.00 $ 730.00 $ 730.00 $ 730.00 Total $ 892.13 $ 892.13 $ 892.13 $ 892.13 $ 892.13 phase Two Duplex 36'/SF 40' 0&M $ 162.13 $ 162.13 $ 162.13 $ 182.13 $ 162.13 Capri/Carrington p.sw $ 511.00 $ 511.00 $ 511.00 $ 511.00 $ 611.00 Total $ 673.13 $ 673.13 $ 673.13 $ 673.13 $ 673.13 Single Family 40' 0&M $ 162.13 $ 162.13 $ 162.13 $ 162.13 $ 162.13 Garden as $ 577.00 $ 577.00 $ 577.00 $ 577.00 $ 577.00 Total $ 739.13 $ 739.13 $ 739.13 $ 739.13 S 739.13 Single Family 50' 0&M $ 182.13 $ 162.13 $ 162.13 $ 162.13 $ 162.13 Oakmont 12.9k1 $ 601.00 $ 601.00 $ 601.00 $ 601.00 $ 601.00 Total $ 783.13 $ 763.13 $ 763.13 $ 763.13 $ 763.13 Single Family 60' 0&M $ 162.13 $ 162.13 $ 162.13 $ 162.13 $ 162.13 Carlyle Debt $ 691.00 $ 691.00 $ 691.00 $ 691.00 S 691.00 Total $ 853.13 $ 853.13 $ 853.13 $ 853.13 $ 853.13 Single Family 65' 0&M $ 162.13 $ 162.13 $ 162.13 $ 162.13 $ 16213 Estate 9.2$1 $ 759.00 $ 759.00 $ 759.00 $ 759.00 $ 759.00 Total $ 921.13 $ 921.13 $ 921.13 $ 921.13 $ 921.13 •Assessments Include the Following 4%Discount for Early Payments 2%County Property Appraiser Costs 1.5%County Tax Collector Costs Community Information: Phase I Maximum Annual Lot No.of Units Type Front Footage Name Debt Assessment Bond Prepayments Differential Prepayment' 246 Townhome 26' r Cayman $ 540 6 68 350 Duplex 36' Capri/Carrington $ 540 11 0 242 Single Family 50' Oakmont $ 635 7 -35 it Single Family 60' Carlyle $ 730 1 1 935 25 34 Phase II Maximum Annual Lot Disclosure No.of Units Type Front Footage Name Debt Assessment Bond Prepayments Differential Prepayment" 443 Duplex/SF 36'/40' Capri/Carrington $ 511 7 -4 58 Duplex 40' Garden $ 577 0 4 325 SF 50' Oakmont $ 601 8 0 161 SF 60'/65' Carlyle $ 691 0 0 32 SF 65' Estate $ 759 0 0 1019 15 0 1 New Bond Prepayer For 2023/2024 Budget(Phase 2-Oakmont) 'Developer made Bond Prepayment in August 2014 for 34 lot differential(68 Phase 1 Caymans replaced with 34 Oakmonts) •Developer made Bond Prepayment In November 2014 for 1 lot differential(1 Phase 1 Carlyle replaced with 1 Oakmont) Developer built Carrington Homes on Garden Lots(Karina Street)-Debt Assessments for those lots was$678-now$577. •.Developer made Bond Prepayment in November 2014 for 4 lot disclosure differential(4 40'disclosed at 36140'rate) Total Lots A ed For O&M=1920 5/18/2023 12.03 PM V