01/13/2015 Minutes 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
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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
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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
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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
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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
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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.
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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.
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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
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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
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My Commission Expires: