09/05/2017 Minutes 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.
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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
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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.
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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
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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.
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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
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