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12/07/2023 Minutes Heritage Bay Community Development District 16 1 A 1 Inframark, Community Management Services 210 N. University Drive, Suite 702, Coral Springs, Florida 33071 Tel. (954) 603-0033 • Fax (954) 345-1292 DATE: March 27, 2024 TO: Mr. Derek Johnssen CLERK OF THE CIRCUIT COURT Finance Department Derek.johnssen@collierclerk.com FROM: Janice Swade Lead Recording Administrator RE: Minutes of the December 7, 2023 Meeting, as Approved at the March 21, 2024 Meeting Enclosed for your records is a copy of the minutes and corresponding attachments from the above referenced meeting of the Heritage Bay Community Development District, which are to be kept on file for public access. Encl: Cc: Mr. Gregory Urbancic gurbancic@cyklaw.com justin.faircloth@inframark.com 16IA1 MINUTES OF MEETING HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Bay Community Development District was held on Thursday, December 7, 2023 at 9:00 a.m. in the Heritage Bay Clubhouse, 10154 Heritage Bay Blvd., Naples, Florida. Present and constituting a quorum were: Edwin Hubbard Chairman Jack Arcurie Vice Chairman Allen Soucie Assistant Secretary Also present were: Jacob Whitlock Assistant District Manager Andy Mendenhall Inframark— Regional Manager Albert Lopez District Engineer (via phone) Bailey Hill SOLitude Amy Daily CPH (via phone) Residents The following is a summary of the minutes and actions taken. FIRST ORDER OF BUSINESS Call to Order Mr. Whitlock called the meeting to order and called the roll. A quorum was established. SECOND ORDER OF BUSINESS Approval of Agenda l On MOTION by Mr. Arcurie seconded by Mr. Soucie with all in favor, the agenda was approved. THIRD ORDER OF BUSINESS Public Comment on Agenda Items • None. 161 A : December 7, 2023 Heritage Bay CDD FOURTH ORDER OF BUSINESS Engineer's Report B. CPH Water Quality Monitoring -September 2023 Water Testing Update i. Discussion of Open Items and Potential Concerns with pH Levels — Mr. Soucie • Mr. Lopez addressed the water quality results noting they would be happy to answer any questions the Board may have. • Mr. Soucie reviewed the pH evaluation noting he questioned whether the test results were correct. o Mr. Soucie continued addressing on pH levels noting September 2023 at 8.33 is approaching the maximum level. He inquired why the pH continues to increase from year-to-year, test-to-test and what they can do about this. o Ms. Daily noted the pH fluctuates daily and is usually higher in the daytime. pH is an indicator of the health of the water — if the pH is too acidic or too basic there may be fish kills. Neutral is 7 and there is a swing between going towards basic or acidic. This is what they have seen here and not seen anything that would indicate pH is a problem. o CPH noted they changed the way they measure pH because they felt they needed a more accurate determination. o Discussion ensued on the use of an onsite meter, the ranges, and low water levels. • Mr. Hubbard noted the next water testing is in March. Mr. Soucie can accompany them if he wants to. • Ms. Hill addressed the presence of vegetation increasing the pH over time noting they have more plants now. If it gets higher, they can use Alum to decrease the pH level. FIFTH ORDER OF BUSINESS SOLitude A. Monthly Inspections and Service Reports • Ms. Hill reviewed the report. She noted there is some new hydrilla growth in Lake 5, it is not enough to do a SONAR treatment, but they will monitor it and treat as needed. 2 16fAl December 7, 2023 Heritage Bay CDD • Discussion ensued on grass carp and barriers, with Mr. Hubbard noting he is in favor of killing the project. • Ms. Hill noted Lake 4 is turbid but was treated recently and the plant material breaking down is probably contributing to it, along with the lake bank restoration. • Ms. Hill reported SOLitude has a new tech here, Eric Martinez. He is a Senior Tech and has been with them for over eight years. • It was noted there is some green algae on a couple of the lakes. B. Discussion of Items Identified in the November Field Manager's Quarterly Report • Mr. Hubbard inquired about the reaction to the quarterly review. o Ms. Hill noted it was informative to see what the expectations are. o Mr. Whitlock noted he thought it was great to have Ms. Hill onsite to provide insight on what is going on. • Mr. Hubbard noted the SOLitude contract calls for multiple visits per month and there were two in November. o Ms. Hill noted she would speak with Mason Maher and the techs about this. SIXTH ORDER OF BUSINESS Attorney's Report • Mr. Whitlock reported he did not have anything from the attorney. • Ethics Training was discussed with Mr. Mendenhall noted they are working with one of the legal teams to develop a training. He can speak with Mr. Faircloth about how they are setting it up and see if it is also an opportunity here. SEVENTH ORDER OF BUSINESS Old Business A. Project Planning 2024 i. Veranda IV: Request for Gutter Installations & Drainage Requirements — Association Acceptance • Mr. Hubbard reported the association has accepted the CSEI proposal and has approved a gutter installation with plans to go to ARC in January for approval. 3 1 6 I A 1 December 7, 2023 Heritage Bay CDD • It is moving forward for next summer. Veranda IV has requested the CDD not start the work until late March or April. He has requested they install the gutters and downspouts before the CDD starts their work. ii. Copeland Southern Communications Regarding Approved Contracts & Potential Timing of Work a. Request to Copeland to Quote on Lake 4/SE Corner Rip Rap Removal • Mr. Hubbard addressed CSEI doing a drainage analysis of Veranda II between the garages and buildings. The CSEI quote for Lake 4 was reviewed. With the projects approved in August this will put about $31,275 over budget including the umbrella money. On MOTION by Mr. Hubbard seconded by Mr. Arcurie, with all in favor, the CSEI proposal for Lake 4 SE Corner for riprap removal, sod and swale drainage installation Option 1 in the amount of $3,775 and Option 2 in the amount of$2,875 were approved. v. Joint CDD and Club Projects for Summer 2024 • Mr. Hubbard discussed the area behind the Club's maintenance building noting the General Manager has cleaned this area up. There are two shipping containers that club maintenance is working out of, and they will be installing electric to them. • Mr. Hubbard proposed that they make Lake 1 a red category and look at it next summer. He has concerns about the lake banks. B. Performance Review & Update — Inframark • Mr. Hubbard addressed the minutes and meeting summaries. He noted he thought they made good progress at the last meeting, noting on page 43 there is a good summary of the performance discussions. • Mr. Hubbard noted his previous life when talking to staff was based on three simple things — 1) follow-up, follow-up, follow-up, 2) when you make a commitment, live to the commitment and 3) if you cannot meet the commitment, you renegotiate it. 4 I 6 I A 1 December 7, 2023 Heritage Bay CDD • It was noted the six months was extended to March and absent any major issues between now and then they will close it out and continue to monitor. • Mr. Arcurie noted you can pinpoint where things started to slip and appeared they did not have the focus they did originally. Mr. Faircloth and Mr. Whitlock are doing everything they can and want to make it right. They will have their radar up to make sure the balance of the level of service stays the same. • Mr. Hubbard addressed The Quarry noting he knows Mr. Faircloth has his hands full. • Mr. Mendenhall noted he understands where they are coming from and as they have had some of the changes and growth what they are saying is accurate. They have brought Mr. Whitlock on, but there is more growth, and they are still addressing that. He further outlined some of the steps and creating a pipeline of additional resources and working with Mr. Faircloth on some efficiencies. • Mr. Hubbard noted he thinks they are making good progress and Mr. Mendenhall has added to his belief that they did the right thing by highlighting their concerns, working through the issues and helping Mr. Faircloth as they did at the last meeting. He provided an editorial comment on the minutes regarding Mr. Whitlock outlining his responsibilities. Mr. Hubbard cautioned to be careful about HOA management interfering with Mr. Faircloth and Mr. Whitlock's work noting there are a lot of other management companies out there. On MOTION by Mr. Hubbard seconded by Mr. Arcurie, with all in favor, the First Amendment to the Inframark Management Services Master Agreement was approved. EIGHTH ORDER OF BUSINESS New Business A. CDD Property Parcels Discussion • Mr. Hubbard addressed the CDD property parcels and Section 806 of the Indenture noting until the Series 2018 Bonds are paid off the property is only for CDD use. 5 16IAl December 7, 2023 Heritage Bay CDD NINTH ORDER OF BUSINESS Manager's Report A. Approval of the Minutes of the November 2, 2023 Audit Committee and Regular Meeting On MOTION by Mr. Hubbard seconded by Mr. Soucie, with all in favor, the minutes of the November 2, 2023 Audit Committee were approved as presented. • Mr. Hubbard provided a clarification on agenda page #39 second bullet regarding the watch list noting the minutes did not need to be changed. On MOTION by Mr. Arcurie seconded by Mr. Soucie, with all in favor, the minutes of the November 2, 2023 regular meeting were approved as presented. B. Acceptance of Financials — October 2023 • Mr. Hubbard addressed the revenues on agenda page #50 noting they budgeted $51,000 for income investments and are only showing $478 and inquired if this is a timing issue. o Mr. Mendenhall noted with these being the October financials there are expenditures from the previous year due to timing and the interest probably had not come in yet. o Discussion ensued on current interest rates. • Mr. Hubbard addressed page #51 noting they do not have Roads & Alleyways and inquired why it is included. o Mr. Mendenhall noted they will follow up to find out. o It was noted it should be R&M — Stormwater System. On MOTION by Mr. Hubbard seconded by Mr. Arcurie, with all in favor, the Financial Statements were accepted as amended for Roads & Alleyways to be corrected. i. Resolution of Concerns Raised — Year End September 2023 Financials • Mr. Hubbard addressed the management consulting services that had netted out to the budget. Field Management is netted out to the budget, but he believes Inframark owes the District two/three months of charges. He also did not understand the water quality line showing they are in the red by $1,800. 6 164Al December 7, 2023 Heritage Bay CDD C. Field Manager & Supervisor Quarterly Report Update — Tour Conducted November 7th • Mr. Hubbard inquired if he will be maintaining the excel spreadsheet or if Mr. Whitlock will maintain it. o Mr. Whitlock noted he would be happy to do either/or, or a hybrid of both. He does not know how involved Mr. Hubbard wants to be in the process and wants to do it the way they want it done. o Mr. Hubbard noted he would like Mr. Whitlock to do it and hopefully tick things off versus adding things. He would add Veranda's Lake 5 to the sheet as a yellow item. o Mr. Hubbard noted for the Lake 10 item he believes it is on a homeowner's property and should not be on the list. Discussion ensued with it being noted a letter will be sent to the homeowner. Remove from report. o Discussion continued on the excel spreadsheet with it being noted they will continue to refine. • Mr. Hubbard addressed Veranda II with regards to drainage at the bank noting this will be on the Association to repair when needed. D. Review and Discussion of Action Items on DM's November 2 "Open Items" Report • Add "Open Items" Report to the agenda. • March meeting re-advertisement. Mr. Whitlock noted he will confirm. • Mr. Hubbard would like Mr. Faircloth to explain Item #10 to him. • Item #16 - remove. • Item #19 - remove. TENTH ORDER OF BUSINESS Supervisors' Reports, Requests, and Comments • None. 7 16IAl December 7 2023 Heritage Bay CDD ELEVENTH ORDER OF BUSINESS Chairman's Comments • Mr. Hubbard addressed Bonita Bay taking three lakes and making one massive lake noting Heritage Bay lakes seem to be benefitting from this with water levels rising. • Mr. Hubbard noted they may have water running out of the main control structure. TWELFTH ORDER OF BUSINESS Audience Comments • Mr. Steven Bachenberg introduced himself, outlined his career as a Civil Engineer and noted he is now a full-time resident. He would be interested in pursuing the position on the Board. • Mr. Hubbard outlined the requirements to serve on the Board noting they are not prepared to act on anything today. • Mr. Mendenhall reported he spoke with accounting and noted the Roads & Alleyways should be R&M — Stormwater System. • Mr. Mendenhall addressed the advertising noting it would be scheduled around February 22nd. THIRTEENTH ORDER OF BUSINESS Adjournment The next meeting will be March 21, 2024, at 9:00 a.m. There being no further business. IOn MOTION by Mr. Hubbard seconded by Mr. Soucie, with all in favor, the meeting was adjourned at 10:58 a.m. I Edwin Hubbard Chairman 8