Loading...
08/14/2023 Minutes I 6 I Agenda Page 132 MINUTES OF MEETING QUARRY COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of Quarry Community Development District was held Monday August 14, 2023 at 1:00 p.m. at the Quarry Golf Club, 8950 Weathered Stone Drive,Naples, FL 34120. Present and constituting a quorum were: Timothy Cantwell Chairperson Dean Britt Vice Chairperson Mel Stuckey Assistant Secretary Rick Fingeret Assistant Secretary William Patrick Assistant Secretary Also present were: Justin Faircloth District Manager Jacob Whitlock Assistant District Manager Stephen Bloom District Finance Director Andre McAden District Director of Accounting Wes Haber District Counsel (via phone) Albert Lopez CPH Scott Garvin Quarry Community Association Residents The following is a summary of the discussions and actions taken. FIRST ORDER OF BUSINESS Call to Order • Mr. Faircloth called the roll, and a quorum was established. SECOND ORDER OF BUSINESS Pledge of Allegiance • The Pledge of Allegiance was recited. THIRD ORDER OF BUSINESS Approval of Agenda On MOTION by Mr. Britt seconded by Mr. Stuckey with all in favor,the agenda was approved as presented. 5-0 FOURTH ORDER OF BUSINESS Public Comments on Agenda Items • There being no public comments, the next order of business followed. Unapproved Minutes Agenda Page 133 1 6 August 14,2023 Quarry CDD FIFTH ORDER OF BUSINESS Public hearing to Adopt Fiscal Year 2024 Budget On MOTION by Mr. Cantwell seconded by Mr. Britt with all in favor, the Public Hearing to Adopt Fiscal Year 2024 Budget was opened. 5-0 • No public comment was made regarding the Budget. On MOTION by Mr. Fingeret seconded by Mr. Stuckey with all in favor,the Public Hearing to Adopt the Fiscal Year 2024 Budget was closed. 5-0 • The Board asked questions about the budget regarding arbitrage rebate and the insurance narrative line items. Mr. Faircloth answered questions regarding the budget, noted that the reference to a 3% increase under Insurance-General Liability would be removed from the narrative, and inquired if it was acceptable to the Board to increase Insurance-General Liability under Administrative by 3% and take the increase from another miscellaneous line item under Administrative. The Board was in agreement with this change. • Mr.Cantwell inquired if a work in progress foot note should be included in the financial report due to contracts signed obligating use of the 304-Series 2020 Capital Projects Fund. • Discussion ensued regarding use of FEMA funds. • Mr. McAden noted there can be a separate line item on the balance sheet called Contracts Payable, or there can be a separate schedule to show the balances. The Board was good with this suggestion and Mr. McAden agreed to work with the accountant to make the change on the financials. A. Consideration of Resolution 2023-04, Adoption of Fiscal Year 2024 Budget • Discussion ensued regarding the budget. On MOTION by Mr. Britt seconded by Mr. Myhrberg with all in favor, Resolution 2023-04, for adoption of the Fiscal Year 2024 Budget, was adopted as amended. 5-0. I Unapproved Minutes 2 161 Agenda Page 134 August 14,2023 Quarry CDD B. Consideration of Resolution 2023-05 Levying of Assessments On MOTION by Mr. Stuckey seconded by Mr. Cantwell with all in favor, the Public Hearing to Consider the Levying of Assessments was opened. 5-0 • Public comments were received. On MOTION by Mr. Britt seconded by Mr. Cantwell with all in favor, the Public Hearing to Consider the Levying of Assessments was closed. 5-0 I On MOTION by Mr. Cantwell seconded by Mr. Britt with all in favor, the Resolution 2023-05, Levying of Assessments was adopted. 5-0 SIXTH ORDER OF BUSINESS New Business A. Financial Investment Policy Discussion • Mr. Faircloth noted the Board previously requested transfer funds to Valley Bank and close out the Hancock Whitney account, and stated the money was transferred. Mr. McAden will provide an update on whether the account was closed. • Mr. Fingeret requested more detail on the District's funds, such as what the bank is offering,what fund it is invested in,the ability to see a daily rate, Mr. Fingeret noted he should be able to review the account and see how safe it is, what it is invested in,the rating, the expense load in the money market. Mr. McAden and Mr. Bloom answered questions about the District's accounts and stated why the money was initially with Hancock Whitney as outlined by the indenture. Mr. McAden stated the rates the banks are paying on the District's funds are negotiated rates and do not fluctuate frequently. Mr. Fingeret inquired what were the allowable investments the District could invest in. Mr. McAden noted the District can invest in T-Bills, Money Market Accounts,and CDs as allowed by Florida Statute. Mr. Fingeret inquired what Inframark was doing on a monthly basis to get the best rates for the District. Mr. McAden noted that Inframark surveys banks on a monthly basis to determine what the rates are and, in some cases, negotiates with banks to obtain better rates. Mr. McAden explained how the District has to bank with Qualified Unapproved Minutes 3 Agenda Page 135 I 6 August 14,2023 Quarry CDD Public Depositories or QPDs. Mr. Bloom explained the options the District has to invest funds per Florida Statutes. The Board requested staff provide the documents from the banks on the District's accounts that were received when the accounts were opened. Mr. McAden stated he would also circulate the latest rate sheet obtained from various banks. B. Land Access Request • Mr. Faircloth provided an overview of the request and noted the request was regarding access to land purchased. • Mr. Haber noted there are two ways in which landlocked property owner is entitled to access to their property, under common law or statutory way of necessity. • The Board requested the engineer stake the northwest and southwest property boundaries of the preserve and provide survey markers. • The Board agreed to deny the request and have Mr. Haber inform Mr. Colosi of the Board's decision. C. Ratification of Glase Golf Fieldstone Lane Updated Contract& Proposal • Mr. Faircloth provided the Board with the updated contract and proposal in the amount of $66,735. On MOTION by Mr. Cantwell seconded by Mr. Britt with all in favor, Glase Golf Fieldstone Lane Updated Contract and proposal was ratified. 5-0 • Mr. Garvin thanked the Board for completing the Fieldstone Lane drainage project. • Mr. Garvin asked about insurance coverages for the QCA for future projects. SEVENTH ORDER OF BUSINESS Engineer's Report A. Shoreline Phase II B Observation Reports i. June 12,2023 ii. June 23,2023 iii. July 21,2023 iv.July 28,2023 • Mr. Lopez presented his report and noted the project is partially completed. Mr. Lopez noted there were issues with obtaining some littorals, but they should be planted within the week. Mr. Lopez noted one downspout at 91119 Cobalt Cove Circle was not connected, due to a pathway, but a tie in is present for the resident to do so. Unapproved Minutes 4 Agenda Page 136 1 6 I August 14,2023 Quarry CDD • Mr. Lopez noted the resident of 9704 Cobalt Cove Circle refused to tie in their downspouts into the drainage connection installed. Mr. Britt noted that the homeowner should be notified that they would be responsible for the cost if the shoreline needs to be repaired in the future due to the homeowner's failure to tie in their drainage. • Mr. Faircloth inquired if the QCA had formally adopted the stormwater guidelines and returned them signed. It was noted to date they have not. • It was discussed that the drainage installation was modified on about six drains from the exhibits presented in the stormwater guidelines. • Mr. Faircloth inquired why would the District not list these drains on the punch list as items that still need to be repaired per the plans. Mr. Britt noted this could be a valid solution, but if this procedure is selected CPH should help with the costs as they were on site daily inspecting work. • Mr. Faircloth provided comments received from James Glase notating he expressed concerns that Glase Golf was having to repair areas multiple times. Mr. Faircloth expressed concern that work be inspected and signed off on going forward otherwise they contractor may not agree to bid on future projects due to the fact they have to continue repairing areas multiple times. • Discussion ensued on how to avoid future project issues going forward and also how to determine where work should be completed in the future. • Mr. Garvin requested to be recognized for the minutes. He asked to know the number of down spouts connected. Mr. Lopez noted that about 60-62 connections had been made and that CPH would be updating the District's map to show these additional connections. • Mr. Garvin asked how many downspouts were left to be connected. Mr.Lopez noted that the work was completed on the current phase unless weather conditions required additional drainage to be added. • Mr. Garvin inquired about as-builts for the QCA and the homeowners and if these connections were recorded with the County and who would be doing so. • Mr. Faircloth noted that per the stormwater guidelines once the agreements were signed,they were to be recorded. Mr. Faircloth again inquired if the QCA had adopted the stormwater guidelines as previously provided by Mr. Haber to the QCA's attorney. Mr. Garvin inquired how he was to proceed with no signed agreements in place. Unapproved Minutes 5 16i Agenda Page 137 August 14,2023 Quarry CDD • Mr. Faircloth noted it was critical to have the QCA's agreement with the stormwater guidelines as the District does not have enforcement ability. It was additionally noted that the District should not be performing work on private property where agreements were not in place. Mr. Faircloth noted this process was discussed at the June 19, 2023 meeting where CPH was going to provide addresses and Mr.Garvin was going to obtain signatures from the homeowners. Mr. Garvin noted he was not obtaining signatures and that he been requesting the addresses for the connections. Mr. Faircloth noted that Mr. Lopez had sent out a list of addresses, but that at the June meeting it was discovered work was being performed without signatures and at that time it was noted that agreements had to be in place. Mr. Faircloth noted that it was still undecided how certain processes would take place and that it was anticipated that a document outlining this would be developed with the adoption of the stormwater guidelines by the QCA.Mr. Faircloth asked Mr.Haber if it was necessary to have the QCA join in the agreements. Mr. Haber noted a solution would have to be devised going forward. Mr. Haber noted the importance of the QCA joining into the agreement with the District regarding stormwater guidelines. • Mr. Garvin noted that the way he was finding out that work was being done was that Glase Golf staff would text him property addresses in the morning and then QCA staff would have to scramble to inform the residents. • Mr. Faircloth noted that such a process was not acceptable and that it takes time to connect people, communicate with them, and get documentation in place. • Mr. Lopez commented on his understanding of how the notification process was taking place and that the QCA was reaching out to residents at least 24-48 hours in advance. Mr. Lopez apologized if this procedure was not being followed. Mr. Haber noted that there is language within the covenants and restrictions that gives the CDD the ability to go on lots for stormwater related purposes. Mr. Haber noted that it still makes sense to get the license agreements in place. Mr. Haber noted that he would draft a letter to be reviewed by Mr. Cantwell and Mr. Lopez. Mr. Garvin stated he could send out an email to the community after the letters go out. Mr. Faircloth noted the exhibits that would need to be provided by the engineer for all parcels and that this would take some time. • Mr. Cantwell inquired if there was a simpler solution. Mr. Haber noted it might be possible with the QCAs assistance. Further discussion ensued on a letter from the District to owners Unapproved Minutes 6 16I Agenda Page 138 August 14,2023 Quarry CDD affected. • Mr. Garvin suggested a letter being sent to the QCA that could be considered at the annual meeting where language could be added to the Covenants, Conditions, and Restrictions that any installed drain lines are now the responsibility of owners. Mr. Garvin noted the meeting was not until February of next year. Mr. Garvin noted he would have to research the item, but it could be a possibility. Further discussion ensued on the suggestion.Mr.Cantwell noted the difficulty in sending out letters to sixty two owners, including two exhibits per home from the engineer, and getting signatures on the documents. Mr. Garvin noted an upcoming meeting to review proposed changes to the QCA documents and stated he would have language included as stated and would hopefully have a draft for the CDD to review at its next meeting and then include on the docket for the QCA's annual meeting in February. Mr. Cantwell suggested Mr. Haber drafting a letter to be reviewed by himself and Mr. Garvin. • Mr. Garvin inquired if the District could do work on private property. It was noted that the District can only do work on private property if there is a perceived benefit to the District for doing so. Mr. Faircloth noted in this instance the drainage improvement was the benefit to the District which would minimize further damage to the District's lake banks. Mr. Garvin inquired about the drainage issues previously noted along Copper Canyon Court. The Board noted the issue on Copper Canyon Court was a result of property owner modifications in the drainage swale. Further discussion ensued on the item. Mr. Garvin thanked the Board for the explanation, so he was better able to respond to owners and noted that five houses are now impacted. • Discussion ensued regarding the QCA and the District's downspout agreement. • Mr.Faircloth clarified that Mr.Haber was being directed to draft a letter,with Mr.Cantwell's approval that would go to the QCA regarding drainage that the District connected as a result of the project. Mr. Faircloth noted the Board would need to make a motion to that effect. On MOTION by Mr. Britt seconded by Mr. Fingeret with all in favor,Mr.Cantwell was authorized to approve the Letter to the QCA from Mr. Haber regarding installed drainage as a result of the erosion restoration project. 5-0 • Mr. Faircloth clarified that the District was not going to seek approval from the sixty-two Unapproved Minutes 7 16I Agenda Page 139 August 14,2023 Quarry CDD homes impacted by the drainage installations, but inquired if going forward the District would continue to follow the stormwater guideline process of obtaining homeowner signoff prior to installations. The Board notated that such a practice may no longer be necessary if the QCA approves the updated language. Mr. Britt noted that homeowners should be made aware of work that would need to occur on private property in advance. • Mr. Garvin noted a follow up email from the Chairman may be helpful to respond to inquires that might be received of why more properties were not connected. Mr. Cantwell noted he would want collective input for such a letter. Further discussion ensued. It was noted the information would come from the District but be distributed by the QCA. It was discussed an annual report might be helpful to be sent out to the community. Mr. Patrick agreed to spearhead the task of developing the annual report of work completed by the District. District participation at the QCA annual meeting was discussed. • Mr. Faircloth again inquired where the QCA was with approving the stormwater guidelines. Mr. Garvin agreed to bring it back up with the QCA Board, but questioned whether the agreement would now still be needed. Mr. Haber noted he would need to review the agreement considering the proposed changes that QCA may make,but stated he thought it still would make sense for the QCA to adopt them. • Mr. Faircloth inquired if a new public hearing was necessary due to any changes to the stormwater rules and guidelines. Mr. Haber stated it probably would make sense to do so for record purposes. Mr. Faircloth inquired if it would make sense to go ahead and make modifications to the stormwater rules and guidelines,present them to the QCA and allow them time to adopt them, and then once adopted by the QCA the District could then have a public hearing to formally adopt the changes. Mr. Haber agreed with the proposed process for the changes. • Mr. Garvin requested when the letter is sent to the QCA that the as-builts for the sixty-two homes impacted by the new drainage are included so the Board understands what they are signing off on. Mr. Cantwell noted that Mr. Lopez would need to provide the addresses of the homes impacted. • Mr. Garvin inquired about repairs to various areas impacted by the project, and it was noted that Glase Golf was still working to repair the areas affected. Unapproved Minutes 8 Agenda Page 140 1 6 I August 14,2023 Quarry CDD B. Fieldstone Land Observation Report i. July 31,203 • Mr. Lopez noted this project had been completed. C. Variance Easement Report Update There being no report,the next order of business followed. EIGHTH ORDER OF BUSINESS Old Business • There being no report, the next order of business followed. NINTH ORDER OF BUSINESS District Manager's Report A. Approval of the June 19,2023 Minutes On MOTION by Mr. Cantwell seconded by Mr. Stuckey with all in favor, the June 19, 2023 Minutes were approved. 5-0 B. Acceptance of the Financial Report,and Approval of the Check Register and Invoices as of June 2023 On MOTION by Mr. Fingeret seconded by Mr. Britt with all in favor, the Financial Report, Check Registers, and Invoices as of June 2023 were accepted. 5-0 C. Acceptance of FY 2022 Audit On MOTION by Dr. Cantwell seconded by Mr. Stuckey with all in favor, Fiscal Year 2022 Audit was accepted. 5-0 D. Ratifications Under Resolution 2020-01 i. CES Inv INV009662 On MOTION by Mr. Fingeret seconded by Mr. Britt with all in favor, CES INV 009662 under Resolution 2020-01was ratified. 5- 0 E. Consideration of FY 2024 Meeting Schedule(2 Options) • The Board would like to have their meetings on the second Monday of each month,with October through December 2023 meetings being held at the Golf Club, and January through September 2024 meetings being held at the Beach Club. • Mr. Faircloth noted that he had a conflict with the January 8, 2024 meeting and Mr. Whitlock might need to attend the meeting in his absence. Unapproved Minutes 9 Agenda Page 141 August 14,2023 Quarry CDD On MOTION by Mr. Britt seconded by Mr. Cantwell with all in favor,the Option(2)of the Fiscal Year 2024 Meeting Schedule was approved as discussed. 5-0 F. Field Management Report • Mr. Whitlock presented his report. G. Follow-up Items ii. Website Update iii.MRI Inspection Update • Mr. Faircloth provided an update. He noted the Board should have access to the website within the next few weeks. TENTH ORDER OF BUSINESS Attorney's Report There being no report,the next order of business followed. ELEVENTH ORDER OF BUSINESS Supervisor Requests A. Preserve Maintenance Discussion —Supervisor Dean Britt • Mr. Britt discussed the possibility of developing a walking trail through the preserves. TWELFTH ORDER OF BUSINESS Audience Comments • Mr. Steve Santoro commented on variance application requests and communication with the modification committee and requested updates on the following addresses: • 9332 Granite Court— looking for recording of the agreement. • Mr. Faircloth noted that recordings will take place after final inspection by CPH. • 9337 Quarry Drive — looking for recording of the agreement. Mr. Lopez was requested to check and see if the work was completed. • 9262 Marble Stone Drive— looking for recording of the agreement. • Mr. Faircloth and Mr. Lopez will work together reviewing the items and Mr. Faircloth will provide an update to the QCA and Mr. Santoro. THIRTEENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Britt seconded by Mr. Cantwell with all in favor the meeting was adjourned at 4:50 p.m. (5-0) Chairperson/Vice-Chairperson Unapproved Minutes 10