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12/11/2014 Minutes 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