Loading...
04/11/2022 Minutes 16 it MINUTES OF MEETING FLOW WAY COMMUNITY DEVELOPMENT DISTRICT The Regular Meeting of the Board of Directors of the Flow Way Community Development District was held on Monday, April 11, 2022, at 10:00 A.M. at the Esplanade Golf and Country Club, 8910 Torre Vista Lane, Naples, FL 34119. Present and constituting a quorum: Zack Stamp Chairperson Ron Miller Vice Chairperson Martinn Winters Assistant Secretary Bart Bhatla Assistant Secretary Tom Kleck Assistant Secretary Also present were: James P. Ward District Manager James Messick District Engineer Greg Woods District Counsel Jessica Tolin District Counsel Audience: All resident's names were not included with the minutes. If a resident did not identify themselves or the audio file did not pick up the name, the name was not recorded in these minutes. PORTIONS OF THIS MEETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 10:00 a.m. Roll call was conducted, and all Members of the Board were present, constituting a quorum. SECOND ORDER OF BUSINESS Public Comments Public Comments for non-agenda items (Limited to three (3) minutes). Individuals are permitted to speak on items on the agenda during that item and will be announced by the Chairperson. Chairperson Stamp reviewed public comment protocols. THIRD ORDER OF BUSINESS Consideration of Service Agreement Consideration of approval of the Service Agreement, between HGS, LLC, d/b/a Angler Environmental, LLC and the District dated April 11, 2022, for consulting and expert testimony services related to litigation; HGS provides specialized litigation services 1IF . w. 16I 1 Flow Way Community Development District April 11, 2022 Mr. Greg Woods: We had a conference with the potential expert last week and we are going to use her as a consulting expert with her thoughts, but not as a testifying expert. She doesn't have a lot of testifying experience. She has generated some materials for us and has some very good ideas, but we don't think we want to move forward with her as a testifying witness. I guess we need approval to sign off on her agreement, but her services have mostly been performed already. There won't be a great deal of stuff in the future, maybe just periodic questions and issues. Mr. Bhatla: What kind of expertise is that? Ms. Jessica Tolin: She is an environmental engineer. She works with a big engineering company. She basically walks through the various permits, the South Florida Water Management District permits, the Army Corps of Engineers permits, and so we have been working with her on that to have a better understanding of the permit conditions, terms, the process with the District and the Corps. Chairperson Stamp: Do we have any kind of resume? Mr. Bhatla: Is this to deal with the water? Is it do deal with the preserves? It is going to be implied that the preserves are a benefit to the community, and I think we need also an expert to verify what is the benefit. We have an idea what the benefits are, but I think odds are only comments. We need expertise on that. I don't understand what kind of expertise we need on the water end. Ms. Tolin: She has expertise on both the South Florida Water Management District permit and the Corps permit, so we have been consulting with her as to both. Mr. Miller: So, the intention of this consultant is to help us with the preserve suit or is it with other things? Chairperson Stamp: It is with litigation we have filed. Mr. Miller: As we go down the path with the preserve suit we are seeking, it seems to me there were three things which are essential: one is what is the cost of maintaining these preserves, a second would be what would be the inflation factor in the future; and the third would be the preserves are to be maintained in perpetuity in the permits, so with the perpetuity factor you need a sum of money or principal amount that is in an escrow fund that does not deplete. The interest on that fund is intended to provide the maintenance in perpetuity. It's a pretty big number. (Indecipherable). I've been involved since the get go and I do have some background in finance. If it were to please the Board I would be happy to be a liaison with these people, so that the Board can stay involved. We know we can't have more than one involved because that would become a Board Meeting. Mr. Bhatla: I think we need that expertise for the Board. I don't think we need it for the legal because it's a cost issue and we have a historical need for it too because the preserve has been maintained for the past three years. Once a number is established it is strictly an economical analysis really. I understand that the consultant we are retaining is for environmental purposes,for the permit, not the preserve. The preserve is still under observation as far as the remediation is concerned, the success criteria. The other thing is, what is the cost involved for this consultant? Ms. Tolin: It has her rates in the agreement. Wage 16I1 ' • Flow Way Community Development District April 11, 2022 Mr. Bhatla: It is open ended? Mr. Ward: It is depending on what is authorized by Greg and Jessica to do the work, so I don't know what the total cost will be, but the rate schedule is in the agreement. It's like$175 to$280 a billing hour. Discussion ensued regarding the consulting rates. Mr. Miller offered to serve as a liaison between the Board and the finance consulting experts. Mr. Bhatla offered to serve as a liaison between the Board and the environmental consulting experts. Chairperson Stamp stated any Board Member could communicate with the lawyers at any point about anything they wished. He stated it certainly made sense for Mr. Bhatla to talk with the lawyers about the environmental issues and for Mr. Miller to talk about the financial issues. He noted Martinn Winters also had a financial background. He called for a motion. On MOTION made by Mr. Ron Miller, seconded by Mr. Bart Bhatla, and with all in favor,the Service Agreement, between HGS, LLC, d/b/a Angler Environmental, LLC and the District dated April 11, 2022, for consulting and expert testimony services related to litigation was approved. FOURTH ORDER OF BUSINESS Staff Items I. District Attorney—Woods,Weidenmiller, Michetti,&Rudnick a) Request to call Executive Attorney/client shade session. Discussion of lawsuit, File Number:20- CA-4147 Mr. Woods: Our mediation has been continued and will readjourn on Tuesday, April 26. That was the nonbinding arbitration date. The nonbinding arbitration date is going to be moved to May, probably in the May 20 to May 27 time period. The judge moved us back one trial period, so we are now in the July 11 to August 5 range trial docket. The defendants filed one motion for summary judgment as to the individual board members. The attorney has indicated that they will be filing another motion for summary judgment as to Taylor Morrison. The judges will work in some time to get those motions for summary judgment heard prior to trial, but that will probably occur in June. That's kind of an update of what has transpired in terms of scheduling and where we are at. Mr. Miller: We have had a mediation session and it has been continued to a later session? Mr. Woods: Correct. Mr. Miller: Based upon what has transpired in the first session do we have what need to have a shade session? Or do we have to wait until the next mediation? Wage 16ll Flow Way Community Development District April 11, 2022 Mr. Woods: I think we should go ahead and have the shade session to discuss the proposals that came out and to kind of talk to the board perhaps about a potential range of things that might be acceptable to the Board. 1 think for those purposes the shade session and settlement discussions would be worthwhile. Mr. Ward: What he is saying is, the mediation has happened. Apparently, there is some offer on the table. He would like to discuss that with you. That can be the subject of the shade session. It's recommended that that be Thursday,April 21, at the end of your meeting. We put in here who the attendees will be. It will be Zack Stamp, Ron Miller, Tom Kleck, Martinn Winters, Bart Bhatla, District Attorney Jessica Tolin and Greg Woods, and myself as your District Manager. We will be limited to that. There will be a court reporter that takes that session, and then we will go back in open session. If that is acceptable to you, then you will need a motion to set that as an executive session. On MOTION made by Mr. Ron Miller, seconded by Mr.Tom Kleck, and with all in favor, an Executive Attorney/client shade session was set for April 21,2022. II. District Engineer—Calvin,Giordano&Associates Mr. Bhatla: We are interested in the status of permitting. How is that going? Mr. James Messick: We submitted the permit transfer application and required documents at the beginning of the month. It is currently under process by the District. It will take over a month for them to address and give us approval for that. Mr. Bhatla: Approval to install another well? Mr. Messick: No, this is for permit transfer for us to be the applicant and permitee of the consumptive use permit. Mr. Bhatla: What about the well? Mr. Messick: I had the well as an action item I was to discuss next week with you, but the well— further investigation was done with a more detailed camera and the existing casing is actually in good condition, so we've ordered the new pump. It's going to take several weeks, maybe up until the end of the month before it can get installed. We are looking into whether or not we can drill a third well which would include permit modifications and we haven't heard back from the District on whether or not that would be acceptable or not. Mr. Bhatla: I think we should keep that in the back of our mind because we have only two wells and these are essentially mechanical devices which can easily fail. If we had a redundancy, it would be prudent because water is the lifeline of this community. Mr. Messick: We understand that. We definitely need some sort of redundancy. Based on our budget and what we can afford, we are looking to purchase a third well during this upcoming rainy 4IPage 16I1 ' Flow Way Community Development District April 11, 2022 season, so that we are ready for next dry season with a backup pump. I think that would be the redundancy that we would need right away. Mr. Bhatla: As you have some information from the groundwater experts as to the condition of the well, I would like to take a look at the information. Mr. Messick: I know they investigated the well casing further. I don't know if there is a copy of that video. Mr. Bhatla: Okay, we can talk about that afterwards. Mr. Kleck: A question on the related photos and videos I sent to Jim Ward. Have you had a chance to analyze what can be done with the lakes when the water is so low right now in regard to eliminating some of the growth and the weeds and the swamp grasses that are in there? Mr. Messick: We have a current aquatic vendor that's spraying the lakes. That's the tried and true method of containing and not letting these littorals get out of hand. I know our budget for that is somewhat limited right now and I think that's maybe why we see a little bit of the growth that you've documented in your emails. We are trying to address and pinpoint which of those littoral shelves we can address now. But certainly, as a whole, as of 2023, we have the budget to start being more aggressive and spraying those on a weekly basis. Mr. Kleck: Okay, because I know we did that with the golf course driving range pretty easily and efficiently and I thought now would be the time to do it before the waters come up, to do it to the rest of the lakes that need it. We don't have to do them all at once, but if we can effectively start an active program of doing that while the lakes are low. Mr. Messick: We do have an active program. I think we are going to look at seeing which lakes we can focus on, if there are some that are getting out of hand. Mr. Miller: The golf personnel, for spraying the aqua range, they have advised me that has been very helpful for them to accumulate golf balls and they wouldn't mind if we actually sprayed that a second time. Mr. Bhatla: Who is our contractor for spraying and other things? Mr. Ward: I don't know. I can get that for you. Mr. Messick: I think it's Ecologic Solutions. Mr. Ward: I think it's the same vendor the HOA has. III. District Manager—JPWard&Associates, LLC No report. FIFTH ORDER OF BUSINESS Audience Comments Wage j6 ! 1 Flow Way Community Development District April 11,2022 Audience Comments: Public comment period is for items NOT listed on the Agenda, comments are limited to three (3) minutes per person, assignment of speaking time is not permitted, however the Presiding Officer may extend or reduce the time for the public comment period consistent with Section 286.0114, Florida Statutes Chairperson Stamp asked if there were any additional comments or questions from the Board Members or audience members;there were none. He noted there were no audience members present. SIXTH ORDER OF BUSINESS Announcement of Next Meeting Announcement of Next Meeting—April 21, 2022 SEVENTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 10:25 a.m. On MOTION made by Mr.Tom Kleck,seconded by Mr. Ron Miller, and with all in favor,the Meeting was adjourned. Flow Way Comm .uni• Development District James .Ward,Secretary Zack Stamp,Ch.' pe son 6 ' Page