FIDDLER S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 REGULAR MEETING AGENDA

Transcription

1 FIDDLER S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 REGULAR MEETING AGENDA January 23, 2019

2 Fiddler s Creek Community Development District #1 OFFICE OF THE DISTRICT MANAGER 2300 Glades Road, Suite 410W Boca Raton, Florida Phone: (561) Fax: (561) Toll-free: (877) January 15, 2019 Board of Supervisors Fiddler s Creek Community Development District #1 ATTENDEES: Please identify yourself each time you speak to facilitate accurate transcription of meeting minutes. Dear Board Members: The Board of Supervisors of the Fiddler s Creek Community Development District #1 will hold a Regular Meeting on January 23, 2019 at 8:00 a.m., at the Fiddler s Creek Club and Spa, 3470 Club Center Boulevard, Naples, Florida The agenda is as follows: 1. Call to Order/Roll Call 2. Public Comments: Non-Agenda Items (3 minutes per speaker) 3. Special Counsel Update 4. Developer s Report 5. Engineer s Report: Hole Montes, Inc. 6. Continued Discussion: Responsibility for Replacement of Trees Damaged by Hurricane Irma and for Maintenance of the Lane 7. Continued Discussion: LED Streetlight Conversion 8. Consideration of Award of Contract - Landscape Maintenance 9. Continued Discussion/Update: Hurricane Irma Recovery 10. Acceptance of Unaudited Financial Statements as of December 31, Consideration of Minutes A. November 14, 2018 Regular Meeting B. December 12, 2018 Regular Meeting C. December 14, 2018 Continued Meeting 12. Action Items

3 Boards of Supervisors Fiddler s Creek Community Development District #1 January 23, 2019, Regular Meeting Agenda Page Staff Reports A. District Counsel: Woodward, Pires and Lombardo, P.A. B. District Manager: Wrathell, Hunt and Associates, LLC NEXT MEETING DATE: February 27, 2019 at 8:00 A.M. C. Operations Manager: Wrathell, Hunt and Associates, LLC 14. Supervisors Requests 15. Public Comments 16. Adjournment Should you have any questions, please do not hesitate to contact me directly at Sincerely, Chesley E. Adams, Jr. District Manager

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5 December 11, 2018 Fiddlers Creek CDD # Bonita Beach Road Suite #214 Bonita Springs, FL Attn: Cleo Crismond Project: CDD #1 LED Streetlight Conversion We propose to furnish labor and material to retrofit existing streetlights to LED, including disposal of existing ballasts and lamps. Scope includes bypassing and removing existing metal halide ballast and installing an LED corncob lamp, using the following quantities. 1. Fiddlers Creek Pkwy: 52 fixtures at 208V: $6, fixtures at 480V: $10, Club Center Blvd 34 fixtures at 240V: $4, fixtures at 480V: $3, Cherry Oaks Trail and Lane 23 fixtures at 240V: $2, Mahogany Bend 14 fixtures at 240V: $1, Total Job: $29, Thank you for the opportunity to submit this proposal. If you have any questions, please contact me at my office at (239) Accepted By/Date

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8 TO: FROM: Fiddlers Creek CDD #1 - Board of Supervisors Cleo Adams Assistant Regional Manager DATE: January 23, 2019 SUBJECT: Consideration of Award of Contract Landscape Maintenance Staff recently requested bids for the District s landscape maintenance program. Seven landscape companies were invited to attend the pre-bid meeting, with four companies requesting packages and attending the mandatory pre-bid meeting. As is typical with the District s contracts, this is a one year contract with a second year option to renew, at the sole discretion of the District s. The financial tabulation is as follows: Company 1 st Year Price: 2 nd Year Price: Laz s Lawn Services, Inc. $ 727, $ 727, Landcare USA, LLC $ 858, $ 858, Juniper Landscaping of Florida, LLC $1,124, $1,124, Superior Landscaping & Lawn Services, Inc. $1,403, $1,403, Landcare USA, your current contractor, has held the contract consecutively for the past ten years. Although their performance is not always at the level of service this project demands, their overall level of service is very good. With their replacement of Alfredo Molina with Kenny Flag, he has been very quick on response time and work-order completion request. Landcare USA currently manages Island Walk with a contract value of $1.1 Million as well as Verona Walk with a contract value of $1.7 Million. Their bid submittal has decreased $20K from the current contract value ($878K) for the first as well as the second year option. (Just over 2% savings). Laz s Lawn Services was established in 2003 with an office located in Naples. Their Client References include Oak Grove Resort & RV Park located in Labelle with an estimated value of $360K. Their assigned Foreman for this property is Alfredo Molina (formally with Landcare USA, and assigned to this project). Note that their references submitted are not comparable to Fiddlers Creek by size or value as required in the specifications of the contract. Laz s Lawn Services bid submittal is $150, less than the current contract value.

9 Juniper Landscaping of Florida, LLC and Superior Landscaping & Lawn Services, Inc. have the qualifications based on the information provided in their bid submittals. Juniper Landscaping of Florida has been in business since Of the references submitted, Isles of Collier Preserve has an estimated value of $1M. Note that Juniper Landscaping of Florida submitted an incomplete bid schedule. Juniper Landscape of Florida s bid submittal is $246, over the current contract value. Superior Landscaping & Lawn Services, Inc. was formed in 1998 located in Miami/Dade County. They have a local office located in Fort Myers, FL. Their local references include City of Bonita Springs with a contract value of $561K. Not that Superior Landscape of Florida failed to submit their equipment list and bank and credit references were not provided. Superior Landscaping & Lawn Services, Inc. bid submittal is $525, over the current contract value. Note that financial statements have not been provided from the contractors as they are not publicly available. Inquires for financial information will be provided upon request. For Fiscal Year 2018/19, the District has budgeted $900,000 to cover the costs of this landscape maintenance contract. The current contract price is $878, The District Reserves the right to accept or reject any and all bids, to waive irregularities, technical errors and formalities, and to award the contract as it deems will best serve the interest of the Districts. As stated in the District s Rules: The lowest, most responsive, responsible and best bid or proposal deemed to be the most advantageous to the District, as appropriate, shall be accepted. Lowest, most responsive, responsible and best bid or proposal means, in the sole discretion of the Board, the lowest cost bid or proposal that is: (A) submitted by a competent, responsible person or firm capable and qualified in all respects to perform fully the contract requirements, with the integrity and reliability, to insure full performance and timely completion; and (B) most responsive to the invitation to bid or request for proposals, as determined by the Board. Minor variations in the bid may be waived by the Board. Bids and proposals may not be modified after opening. If you should have any questions or require additional information, please contact me at (239) Glades Road, Suite 410W Boca Raton, FL Craig A. Wrathell President & Partner Toll-Free: Office: Fax: Pfilip G. Hunt, Jr. Vice President & Partner

10 Fiddlers Creek CDD #1 Bid Analysis - January 2019 Company Name: Qualifying Description: Comments: (Section 3.07) vi.) Subcontractor Qualifications Not provided. Laz's Lawn Service, Inc. 1. Use of Provided Submittal Form/Bid Surety Yes - Cashiers Check 2. Submitted in Sealed Envelope Yes 3. Subcontractor Letter Yes - Southeast Spreading & Tree Company and Fertilization/Pest-Power X 4. i.) Proof of Place of Business Yes - Collier County ii.) Adequate Resources Yes - Equipment List provided iii.) Suitable Financial Backing Unknown- List of Bank & Credit References Submitted only iv.) References of Similar size Scope No - Oak Grove Resort & RV Park - $360K, McCready Estate - $280K v.) Licenses, Cert. Yes vi.) Subcontractor Qualifications Yes & No - failed to submit Arborist License Landcare Lawn Service, Inc. 1. Use of Provided Submittal Form/Bid Surety Yes- Bid Bond 2. Submitted in Sealed Envelope Yes 3. Subcontractor Letter & Qualifications Yes - Power X, Southeast Spreading & Trees are Good 4. i.) Proof of Place of Business Yes - Collier County ii.) Adequate Resources Yes - Equipment List Provided iii.) Suitable Financial Backing Yes - Bank & Credit References Submited iv.) References of Similar size Scope Yes - Village Walk - $1.7 M v.) Licenses, Cert. Yes vi.) Subcontractor Qualifications Yes Juniper Landscaping of Florida, LLC 1. Use of Provided Submittal Form/Bid Surety Yes - Bid Bond 2. Submitted in Sealed Envelope Yes 3. Subcontractor Letter & Qualifications Yes - Southeast Spreading (pine straw) 4. i.) Proof of Place of Business Yes - Lee County ii.) Adequate Resources Yes - Equipment List Provided iii.) Suitable Financial Backing Yes - Bank & Credit References Submited iv.) References of Similar size Scope Yes - Isles of Collier Preserve - $1M v.) Licenses, Cert. Yes vi.) Subcontractor Qualifications Yes Superior Landscaping & Lawn Services, Inc. 1. Use of Provided Submittal Form/Bid Surety Yes - Bid Bond 2. Submitted in Sealed Envelope Yes 3. Subcontractor Letter & Qualifications No - all in-house 4. i.) Proof of Place of Business Yes - Lee County ii.) Adequate Resources Failed to submit equipment list iii.) Suitable Financial Backing Unknown - Bank & Credit References Not Provided iv.) References of Similar size Scope Yes - $1.3 M - ROW City of Miami Beach v.) Licenses, Cert. Yes vi.) Subcontractor Qualifications See #3 FINANCIAL SUMMARY Contractor: 1st Year: 2nd Year: Laz's Lawn Service, Inc. $727, $727, Landcare USA, LLC $858, $858, Juniper Landscaping of Florida, LLC $1,124, $1,124, Superior Landscaping & Lawn Services, Inc. $1,403, $1,503,645.00

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12 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 FINANCIAL STATEMENTS UNAUDITED DECEMBER 31, 2018

13 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 BALANCE SHEET GOVERNMENTAL FUNDS DECEMBER 31, 2018 General 001 ASSETS Operating accounts SunTrust 3,134,836 Debt Service Series 2013 Refunded 1999 Debt Service Series 2013 Refunded 2006 Debt Service Series Refunded 2002B Series A Refunded 2002A Series B Refunded 2002A Debt Service Series Refunded 2005 Debt Service Series Refunded 2005 Capital Projects Series 2005 Total Governmental Funds $ $ - $ - $ - $ - $ - $ - $ - $ - $ 3,134,836 Assessment account-iberia 300, ,407 Centennial Bank - MMA 76, ,919 Finemark - MMA 19, ,155 Investments Revenue - 209,931 61,208 92, , ,586 Reserve - series A - 441, , ,071 Prepayment - 2, , ,755 Prepayment B exchange - - 3, ,374 Due from other funds Debt service 2013 refund , ,167 Capital project , ,078 Due from Fiddler's Creek CDD #2 26, ,796 Assessments receivable - 606, , , ,356,055 Deposits 5, ,125 Total Assets $ 3,724,483 $ 1,259,767 $ 61,238 $ 470,399 $ 116 $ 724,109 $ 103 $ 109 $ - $ 6,240,324 LIABILITIES & FUND BALANCES Liabilities: Due to other funds General fund , , ,245 Debt service refunded , ,192 Debt service , ,064 Debt service , ,799 C&C tree svc retainage 4, ,942 Total liabilities 1,360,997-29, ,078 1,522,242 Fund balances: Restricted for Debt service - 1,259,767 32, , , ,486,674 Capital projects (132,078) (132,078) Unassigned 2,363, ,363,486 Total fund balances 2,363,486 1,259,767 32, , , (132,078) 4,718,082 Total liabilities and fund balance $ 3,724,483 $ 1,259,767 $ 61,238 $ 470,399 $ 116 $ 724,109 $ 103 $ 109 $ - $ 6,240,324 1

14 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GENERAL FUND 001 FOR THE PERIOD ENDED DECEMBER 31, 2018 Current Month Year To Date % of Budget Budget REVENUES Assessment levy $ 1,212,755 $ 2,099,713 $ 2,925,054 72% Assessment levy: off-roll - 75, ,056 17% Interest ,200 9% Miscellaneous - 2,559 15,000 17% Total revenues 1,212,841 2,177,488 3,392,310 64% EXPENDITURES Administrative Supervisors 1,076 3,229 12,918 25% Management 5,044 15,131 60,525 25% Assessment roll preparation 25,490 25,490 25, % Accounting services 1,647 4,941 19,764 25% Audit ,400 0% Legal 3,360 3,360 25,000 13% Legal - litigation 23,173 24,453 35,000 70% Engineering - 7,540 30,000 25% Telephone % Postage ,300 21% Insurance - 16,670 17,692 94% Printing and binding % Legal advertising ,000 34% Office supplies % Annual district filing fee % Trustee ,500 0% Arbitrage rebate calculation - - 4,000 0% Contingencies 72 1,675 5,000 34% Dissemination agent 986 2,957 11,828 25% Total administrative 61, , ,732 38% Field management Field management services 2,186 6,559 26,237 25% Total field management 2,186 6,559 26,237 25% Water management maintenance Other contractual 16,370 32, ,506 8% Fountains 5,661 11,642 60,000 19% Total water management maintenance 22,031 44, ,506 9% Street lighting Contractual services 1,405 31,419 15, % Electricity 3,118 6,470 38,000 17% Holiday lighting program ,000 0% Miscellaneous - - 1,500 0% Total street lighting 4,523 37,889 69,500 55% 2

15 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GENERAL FUND 001 FOR THE PERIOD ENDED DECEMBER 31, 2018 Current Month Year To Date % of Budget Budget Landscaping Other contractual - landscape maintenance 37,380 94,647 1,060,000 9% Other contractual - flowers ,000 0% Improvements and renovations 28,276 92, ,000 74% Contingencies ,000 0% Hurricane clean-up - 8,909 - N/A Total landscaping 65, ,024 1,242,000 16% Access control Contractual services 14,343 14, ,274 4% Rentals and leases ,419 0% Fuel 696 1,536 8,802 17% Repairs and maintenance - parts - - 4,126 0% Repairs and maintenance - gatehouse 419 4,739 13,753 34% Insurance - 4,630 4,951 94% Operating supplies 1,438 3,289 16,503 20% Utilities - - 4,951 0% Clickers - - 6,601 0% Capital outlay ,002 0% Total access control 16,896 28, ,382 6% Roadway Roadway maintenance ,000 0% Capital outlay ,310 0% Total roadway ,310 0% Irrigation supply Electricity % Repairs and maintenance 8,669 10,080 1, % Supply system 15,538 25, ,750 19% Total irrigation supply 24,236 35, ,000 26% Other fees & charges Property appraiser 7,378 7,378 45,704 16% Tax collector 24,255 41,994 60,939 69% Total other fees & charges 31,633 49, ,643 46% Total expenditures 228, ,947 3,392,310 15% Excess/(deficiency) of revenues over/(under) expenditures 984,142 1,671,541 - Fund balances - beginning 1,379, , ,062 Fund balances - ending $ 2,363,486 $ 2,363,486 $ 729,062 3

16 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES 2013 (REFUNDED SERIES 1999) FOR THE PERIOD ENDED DECEMBER 31, 2018 Current Month Year To Date % of Budget Budget REVENUES Assessment levy: on-roll net $ 358,572 $ 620,817 $ 875,727 71% Interest 982 3,063 - N/A Total revenues 359, , ,727 71% EXPENDITURES Debt service Principal ,000 0% Principal prepayment - 35,000 - N/A Interest - 46,900 93,800 50% Total debt service - 81, ,800 10% Other fees & charges Property appraiser 2,209 2,209 13,683 16% Tax collector 7,171 12,416 18,244 68% Total other fees & charges 9,380 14,625 31,927 46% Total expenditures 9,380 96, ,727 11% Excess/(deficiency) of revenues over/(under) expenditures 350, ,355 - Fund balances - beginning 909, , ,979 Fund balances - ending $ 1,259,767 $ 1,259,767 $ 678,979 4

17 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES 2013 (REFUNDED SERIES 2006) FOR THE PERIOD ENDED DECEMBER 31, 2018 Current Month Year To Date REVENUES Interest $ 83 $ 239 Total revenues EXPENDITURES Debt service - - Total debt service - - Excess/(deficiency) of revenues over/(under) expenditures Fund balances - beginning 31,988 31,832 Fund balances - ending $ 32,071 $ 32,071 5

18 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES (REFUNDED SERIES 2002B) FOR THE PERIOD ENDED DECEMBER 31, 2018 Current Month Year To Date Budget % of Budget REVENUES Assessment levy: on-roll - net $ 221,262 $ 383,084 $ 538,560 71% Interest N/A Total revenues 221, , ,560 71% EXPENDITURES Debt service Principal ,000 0% Principal prepayment - 45,000 - N/A Interest - 161, ,306 50% Total debt service - 206, ,306 40% Other fees & charges Property appraiser 1,358 1,358 8,415 16% Tax collector 4,425 7,662 11,220 68% Total other fees & charges 5,783 9,020 19,635 46% Total expenditures 5, , ,941 40% Excess/(deficiency) of revenues over/(under) expenditures 215, ,893 1,619 Fund balances - beginning 254, , ,139 Fund balances - ending $ 470,399 $ 470,399 $ 245,758 6

19 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES A (REFUNDED SERIES 2002A) FOR THE PERIOD ENDED DECEMBER 31, 2018 Current Month Year To Date Budget % of Budget REVENUES Assessment levy: off-roll $ - $ 114,849 $ 365,313 31% Interest N/A Total revenues - 114, ,313 31% EXPENDITURES Debt service Principal ,000 0% Interest - 115, ,313 50% Total debt service - 115, ,313 32% Excess/(deficiency) of revenues over/(under) expenditures - (249) - Fund balances - beginning Fund balances - ending $ 116 $ 116 $ 631 7

20 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES B (REFUNDED SERIES 2002A) FOR THE PERIOD ENDED DECEMBER 31, 2018 Current Month Year To Date Budget % of Budget REVENUES Assessment levy: on-roll $ 222,456 $ 385,151 $ 653,616 59% Interest 521 4,910 - N/A Total revenues 222, , ,616 60% EXPENDITURES Debt service Principal ,000 0% Principal prepayment - 1,040,000 - N/A Interest - 203, ,000 50% Total debt service - 1,243, , % Other fees & charges Property appraiser 1,649 1,649 10,213 16% Tax collector 4,449 7,703 13,617 57% Total other fees & charges 6,098 9,352 23,830 39% Total expenditures 6,098 1,252, , % Excess/(deficiency) of revenues over/(under) expenditures 216,879 (862,791) (12,214) Net change in fund balances 216,879 (862,791) (12,214) Fund balances - beginning 507,230 1,586, ,866 Fund balances - ending $ 724,109 $ 724,109 $ 478,652 8

21 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES (REFUNDED SERIES 2005) FOR THE PERIOD ENDED DECEMBER 31, 2018 Current Month Year To Date Budget % of Budget REVENUES Assessment levy: off-roll $ - $ 204,453 $ 589,800 35% Interest N/A Total revenues - 204, ,800 35% EXPENDITURES Debt service Principal ,000 0% Interest - 204, ,800 50% Total debt service - 204, ,800 35% Excess/(deficiency) of revenues over/(under) expenditures - (344) - Fund balances - beginning Fund balances - ending $ 103 $ 103 $ 174 9

22 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES (REFUNDED SERIES 2005) FOR THE PERIOD ENDED DECEMBER 31, 2018 Current Month Year To Date Budget % of Budget REVENUES Assessment levy: off-roll $ - $ 215,977 $ 627,900 34% Interest N/A Total revenues - 216, ,900 34% EXPENDITURES Debt service Principal ,000 0% Interest - 216, ,900 50% Total debt service - 216, ,900 34% Excess/(deficiency) of revenues over/(under) expenditures - (364) - Fund balances - beginning ,444 Fund balances - ending $ 109 $ 109 $ 2,444 10

23 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES CAPITAL PROJECTS FUND SERIES 2005 FOR THE PERIOD ENDED DECEMBER 31, 2018 Current Month Year To Date REVENUES $ - $ - Total revenues - - EXPENDITURES - - Total expenditures - - Excess/(deficiency) of revenues over/(under) expenditures - - Fund balances - beginning (132,078) (132,078) Fund balances - ending $ (132,078) $ (132,078) 11

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25 DRAFT MINUTES OF MEETING FIDDLER S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 The Board of Supervisors of the Fiddler s Creek Community Development District #1 held a Regular Meeting on November 14, 2018 at 8:00 a.m., at the Fiddler s Creek Club and Spa, 3470 Club Center Boulevard, Naples, Florida Present at the meeting were: Phil Brougham Chair Joseph Badessa Assistant Secretary Joseph Schmitt (via telephone) Assistant Secretary Robert Slater Assistant Secretary Also present were: Chuck Adams District Manager Cleo Adams Assistant Regional Manager Jason Olson Assistant Regional Manager Tony Pires District Counsel Terry Cole District Engineer Ron Albeit General Manager The Foundation Carrie Robinson (via telephone) Special Counsel Marie Puckett Fiddler s Creek Security Tony DiNardo Developer Chris O Conner AV TECH Gary Brousell Resident and Isla Del Sol Board Member Jon Portnoff Resident and Isla Del Sol Board Member Shannon Benedetti Resident Judy Tibbs Resident FIRST ORDER OF BUSINESS Call to Order/Roll Call Mrs. Adams called the meeting to order at 8:02 a.m. Supervisors Brougham, Badessa and Slater were present, in person. Supervisor Schmitt was not present at roll call. One seat remained vacant. SECOND ORDER OF BUSINESS Public Comments: Non-Agenda Items (3 minutes per speaker) Mr. Brougham noted Isla Del Sol Board Members who were in attendance and he wanted their requests and/or questions addressed. He previously circulated the questions to Mr. Cole. 1

26 FIDDLER S CREEK CDD #1 DRAFT November 14, 2018 Mr. Gary Brousell, an Isla Del Sol Board Member, noted in his to Mr. Brougham that Isla Del Sol spent approximately $500,000 giving the community a face lift, which ultimately resulted in assessing the residents, and, since the entire project is almost complete, he wanted confirmation as to who is responsible for its maintenance, when it is done, how often, etc. Mr. Schmitt joined the meeting at 8:06 a.m., via telephone. Mr. Brougham read: Question: Ascertain a clear and documented demarcation or boundary that defines Isla s responsibilities and CDD #1 boundaries and responsibilities, as applied to roads, signs, signage, landscaping improvements and landscaping maintenance. Mr. Cole stated that he is the District Engineer. From researching various historical documents, he identified, on the map, where the District s responsibilities end and Isla Del Sol s begins. The District s original intent was for Isla Del Sol to install and maintain the paver block work but the work was completed before the Licensing Agreement was executed and the area still needed a crosswalk added, either by painting the paver blocks or adding pavers. Mr. Brousell stated his concern about this being a required project and that communication failed between the CDD, Isla Del Sol, and the Engineers and, now, it was not included in the original scope of service and there are no funds available to complete it. He preferred not to fix the issue with paint and asked who was now financially responsible to resolve the issue. Mr. Brougham provided a timeline of various discussions that were held prior to the project commencing, beginning with when Mr. Marcos notified the District of the project about five months before the work was to be performed; at that time, the District informed Mr. Marcos that he must obtain, a Licensing Agreement, through his attorney, before any work was to be performed on CDD property. The Licensing Agreement was not initially obtained and the area was torn up before the Agreement was eventually executed. Mr. Brougham believed Isla Del Sol s Attorney or Engineer was responsible in complying with Mr. Pires request for a Licensing Agreement. County regulations required the crosswalk but not from the District and, because there was a pre-existing crosswalk, GradyMinor should have been aware of that requirement. Mr. Brousell stated he appreciated receiving this information, as someone needs to be held responsible for paying the expense, since Isla Del Sol was not prepared to do so. Mr. Brougham stated the pavers being in position, or the lack of a cross walk, or the expense associated, does not lie at this table. He suggested that Mr. Brousell go back to his 2

27 FIDDLER S CREEK CDD #1 DRAFT November 14, 2018 engineering company to make it right, as their Engineer most assuredly should have known the County required there to be a crosswalk. Mr. Brousell stated he would have this taken care of. Mr. Cole was directed to stake the areas noting where the District and its responsibilities end, regarding the entrance way relating to signage, landscaping, etc., and where Isla Del Sol s begins. Mr. Pires was directed to retrieve and highlight the areas in question on the Property Appraiser s website. In response to a request, Mr. Pires was directed to prepare a Licensing Agreement to Isla Del Sol to add the crosswalk and cite the County s regulations in a letter. Mr. Slater felt that, because of the lack of communication between parties, the easiest way to rectify the situation was to place the striping on top of the pavers, as was previously done; however, it will require approval from Design Review Committee (DRC). Mr. Brousell stated Isla Del Sol will make the decision of how to rectify the situation. Mr. Cole noted the location of the District s boundaries, pertaining to signage, landscaping, etc., via the Property Appraiser s website, and where Isla Del Sol s begins. It was noted the District is responsible for maintaining the landscaping in front of the monuments. In response to a comment about the lack of landscape maintenance in front of the monuments, Mrs. Adams stated mulch was installed in October and, it being wet season, a light dusting is scheduled. It was noted that Mr. Brougham or Mrs. Adams should be contacted if there are any issues. Mr. Brougham stated Mr. Marcos was also informed that certain procedures were to be followed, if they decided to renovate the landscaping in front of the monuments. Isla Del Sol will incur the expenses, engaging a Landscape Architecture to develop a plan, using the DRC s approved palette and plants, submit a request for approval to the DRC and, once approved, complete the project. In turn, the District will begin maintaining those new plants. Discussion ensued regarding whether any upcoming plant installation should be delayed until Isla Del Sol decides whether the pavers will be removed or painted, whether the County had time constraints associated with completing the crosswalk and whether the County performed a final inspection indicating any defaults. Mr. Cole noted the situation should be remedied sooner, rather than later. Mr. Brousell would see if the contractor can add the crosswalk to their remaining punch list items and noted all projects will be completed within 30 days. Mr. Adams reiterated that the Licensing Agreement contains a specific paragraph requiring compliance with all governmental regulations, permits, etc., and the District has a holdharmless indemnification, with regard to liability. 3

28 FIDDLER S CREEK CDD #1 DRAFT November 14, 2018 Question: Clear understanding of the paving project. Mr. Brougham stated that the question was whether the District can reimburse Isla Del Sol if they mill and repave a portion of CDD property, in conjunction with their paving project. Mr. Adams deferred to District Counsel. Mr. Brousell stated that a signage request would be made. He will submit graphic designs of No Outlet signs to the DRC for approval; the signs would be installed at the north gate, on Championship, which is District property. It was noted that a License Agreement was required. In response to a request, a copy of Isla Del Sol s paving project application will be forwarded to Mr. Pires. THIRD ORDER OF BUSINESS Special Counsel Update Ms. Robinson provided the following update: At the October 29 th hearing, the Judge being appointed in January agreed with the current Judge to rule in favor of U.S. Bank s motion to bifurcate the CDD #1 and CDD #2 cases, on the basis that joining the two trials would be too complicated. The first trial involves claims against U.S. Bank and ITG and the second trial involves the claims of CDD #1 against U.S. Bank. CDD #2 s trial will likely be heard first, since claim was filed first, and CDD #1 s trial will follow. The current Judge kept the same trial dockets for both cases. The new Judge must decide whether to hold the trial back to back. The four-week trial docket is April 24, through May 24, 2019, so Special Counsel must prepare for trial. Depositions continue. Mr. Reyes is deposing Mr. Scott Strodthoff on Friday and two ITG personnel next week; however, those two do not impact the CDD #1 trial. Expert depositions will follow. Discovery cutoff date is in mid- December. In response to Mr. Slater s question, Ms. Robinson explained that Collier s County process of assigning multiple cases to a trial docket does not necessarily mean they will contact them for trial, as other processes are involved; however, due to the age of the cases, she expected both to be heard during this trial period. In response to a request, Ms. Robinson directed Mr. Brougham not to discuss communications between Mr. Miller and others. Mr. Brougham directed Ms. Robinson to request an Executive Session for January, at the December meeting, to inform new Board Members about the details of the litigation. Ms. Robinson left the meeting. 4

29 FIDDLER S CREEK CDD #1 DRAFT November 14, 2018 FOURTH ORDER OF BUSINESS Developer s Report Mr. DiNardo stated the potential transaction that he mentioned at the last meeting went through on October 31 st. The Court approved rezoning and Taylor Morrison (TM) purchased the property. He identified the location of various properties on a map. TM plans to build 1,250 units, independent of Fiddler s Creek, which will be required to abide by the requirements of the DRI. Fiddler s Creek Community LLC plans to return and use the remaining unallocated property, to build approximately 1,900 units. Mr. Brougham asked for the time frame for linear park. Mr. DiNardo stated he would mention it again at The Foundation s upcoming meeting. The Foundation is proposing an increase to the Capital Acquisition Fee, from $15,000 to $18,000, and the Capital Reserve Fee, from $1,500 to $2,000, to go into effect January 1, 2019; these two items have not changed for the last 13 years. He expects this increase and the sale of 330 units in Oyster Harbor by the end of 2019, to accelerate the Delta Account and, once sales reach 400 units, those funds will be used to start construction of the wellness center. Increased lot activity is expected in 2020 and FIFTH ORDER OF BUSINESS Engineer s Report: Hole Montes, Inc. Mr. Cole stated that the Hurricane Irma Restoration Report that he distributed was similar to Mr. Dieckmann s report three weeks ago, with one exception. He reported the following: Inspections were completed of the vinyl fence along Mulberry and Hawk s Nest. Several punch list items remained and the contractor will be notified to make these corrections, once the materials arrive within the next few weeks. Mr. Brougham stated that he preferred not to use funds for relocating the position of the lock bars for the gates, as he felt that the position was sufficient. Mr. Schmitt agreed. Mr. Cole stated that, for the gates at Mulberry and Hawk s Nest, PVC pipes will be installed in the ground to receive the lock bar. The lock combinations were given to the groundskeepers and landscapers. A PVC pipe will also be installed for the gate at the other end of the property. Juniper added fill and plans to install sod to correct the elevation under that gate. Mr. Dieckmann will coordinate the completion of the street lights and signage remaining punch list items. 5

30 FIDDLER S CREEK CDD #1 DRAFT November 14, 2018 Mr. Cole continued the Hurricane Irma Restoration Report: A proposal for sidewalk repairs along Fiddler s Creek Parkway was received but the contractor s clarification of the unit prices was pending. The proposed priced was approximately $55,000. A proposal from Collier Paving was pending. If needed, Mr. Brougham agreed with Mr. Cole s suggestion of moving funds out of the lake bank erosion repair budget to the sidewalk repairs, since they are down to lower priority projects. Mr. Cole will review the repairs to be done, with Mr. and Mrs. Adams, and present recommendations at the next meeting. Mr. Brougham stated that, before the County will accept turnover of Championship Drive, from Pelican Lakes, it must be brought up to specifications. He suggests that, for safety issues, the CDD and Pelican Lakes share costs to double stripe the center line. Mr. Schmitt recalled that an agreement was executed, in the late 1990 s, between Fiddler s Creek, Pelican Lakes and Copper Cove, indicating who is responsible for maintaining the road and it did not involve the CDD. Mr. Albeit agreed. Mr. Pires was directed to research whether agreements exist, including any with the RV Park and report back. Mr. Albeit stated that, based on other research, it was not their responsibility. SIXTH ORDER OF BUSINESS Consideration of AV-Tech ISN Gate Keeper 5-Year Customer Service Agreement Mr. Brougham stated that the AV-Tech Agreement was revised to include additional changes discussed at the last meeting. Mr. Slater noted that Section 1. SERVICE, was not corrected to include specifically what as specified above entails. Mr. O Conner, of AV-Tech, stated that preventative maintenance will be performed on all the items noted on the Equipment List, on Page 3; equipment will be replaced due to normal wear and tear, unless damaged under other circumstances. Mr. Brougham directed Mr. O Conner to revise the contract to add language providing a full description of what preventative maintenance entails. Discussion ensued regarding cause for cancellation. On MOTION by Mr. Brougham and seconded by Mr. Slater, with all in favor, the AV-Tech ISN Gate Keeper 5-Year Customer Service Agreement, in substantial form, subject to AV-Tech providing additional information, as requested, was approved. 6

31 FIDDLER S CREEK CDD #1 DRAFT November 14, 2018 SEVENTH ORDER OF BUSINESS Consideration of Gate Arm Replacement Proposals A. Affordable Openers B. Megaarm.com C. TEM Systems D. Av-Tech Ms. Puckett stated that the proposals were for purchasing LED gate arms, which would be replaced with lighted ones as needed. Discussion ensued regarding the increase in cost, lighted arms preventing further accidents, cyclists who caused recent damages, etc. Ms. Puckett recommended AV-Tech. Discussion ensued regarding purchasing the arms all at once, the arms not being included as part of the recent maintenance contract, is installation included, the power source, etc. The DRC and Mr. DiNardo already approved the lighted arms, to resolve safety concerns. On MOTION by Mr. Slater and seconded by Mr. Badessa, with all in favor, the AV-Tech proposal for LED gate arms and installation, in a not-to-exceed amount of $9,425, was approved. EIGHTH ORDER OF BUSINESS Discussion/Consideration: Bentley Electric Co., LED Streetlight Conversion Proposals Mrs. Adams was previously directed to find out if the District paid a flat rate per light bulb. This item was deferred until Mrs. Adams determines which lights are metered and which ones received tariffs. Mr. Brougham directed Mrs. Adams to obtain a cost benefit analysis from Bentley Electric Co. Mr. Adams explained the supply source governs whether a tariff is warranted, specifically for those without meters. NINTH ORDER OF BUSINESS Continued Discussion/Update: Hurricane Irma Recovery Mr. Adams stated the Federal Emergency Management Agency (FEMA) was experiencing a lot of personnel changes and he is waiting for his new contact to provide an update. Another CDD started receiving funds about three months ago, when $15,000 of a $395,000 reimbursement request was received. 7

32 FIDDLER S CREEK CDD #1 DRAFT November 14, 2018 TENTH ORDER OF BUSINESS Staff Reports A. District Counsel: Woodward, Pires and Lombardo, P.A. Mr. Pires, will follow up on the results of yesterday s County Commission meeting. The Board of County Commission (BOCC) established a Collier County productivity committee to review the storm water utility issue; a December 13, 2018 meeting was scheduled. Mr. Pires and others will attend a meeting with County Staff, next Monday, to express the District s concerns, address his letter on issues involving CDDs and to focus on CDDs #1 and #2 and Pelican Marsh, which have full facilities, receive full exemptions, and no longer require individual property owners to apply for those exemptions. He will provide an update at the December meeting. Mr. Brougham stated that the BOCC declined to move forward with the conversion of Manatee Park to any type of housing. B. District Manager: Wrathell, Hunt and Associates, LLC NEXT MEETING DATE: December 12, 2018 at 8:00 A.M. The next meeting will be held on December 12, 2018 at 8:00 A.M. Mr. Adams noted that the minutes and financials will not be included in the next meeting due to the holidays and short turnaround time between meetings; they will be presented at the following meeting. C. Operations Manager: Wrathell, Hunt and Associates, LLC Mrs. Adams presented the November 14, 2018 Field Operations Report and highlighted the following: Landscape: Review of LandCare s landscaping maintenance and project completions, before their contract expires on January 31, 2019, continues. Landscaping contract bids packages were sent to six firms and one firm contacted and plans to attend the pre-bid meeting on November 16, Planting Projects: Most projects were completed. Since the current vendor is having employee issues, LandCare will plant Oak Tree on buffer between Pepper Tree and Bent Creek. Irrigation: Irrigation Design Group (IDG) will attend the next meeting. Mr. Brougham stated that gold dust will be added, adjacent to the fence line along Bent Creek, which Ms. Tibbs is aware of. Mrs. Adams stated it was just approved by Ms. Feser and she will forward it to the DRC for approval. 8

33 FIDDLER S CREEK CDD #1 DRAFT November 14, 2018 Hawks Nest Gates: Latches were ordered. Street Sign Insert Replacement Project: The schedule from Lykins-Signtek (Lykins) was pending. In response to a question, Mrs. Adams stated that Isla Del Sol, not the District, was responsible in replacing the royal palm tree at the backside of the sign in Isla Del Sol. ELEVENTH ORDER OF BUSINESS Supervisors Requests Mr. Slater recalled discussion at a prior meeting about a stump that needed to be ground and asked if it was done. Mrs. Adams stated that she will direct Kenny to grind the stump and install shrubs to fill in the gap, on the Parkway, at the western entrance into Bent Creek; from 951, it is the second entrance. Mr. Schmitt stated that Mrs. Adams was informed that Mulberry s HOA was replacing fencing and gates at the north and south end of Mulberry. He will inform their HOA that they are required to mirror the same instructions given to Isla Del Sol, engage a landscaper, purchase the items and obtain DRC approval before the District would maintain the items. TWELFTH ORDER OF BUSINESS Public Comments There being no public comments, the next item followed. THIRTEENTH ORDER OF BUSINESS Adjournment There being nothing further to discuss, the meeting adjourned. On MOTION by Mr. Brougham and seconded by Mr. Slater, with all in favor, the meeting adjourned at 9:21 a.m. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 9

34 FIDDLER S CREEK CDD #1 DRAFT November 14, 2018 Secretary/Assistant Secretary Chair/Vice Chair 10

35 FIDDLER S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 11B

36 DRAFT MINUTES OF MEETING FIDDLER S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 The Board of Supervisors of the Fiddler s Creek Community Development District #1 held a Regular Meeting on December 12, 2018 at 8:00 a.m., at the Fiddler s Creek Club and Spa, 3470 Club Center Boulevard, Naples, Florida Present at the meeting were: Phil Brougham Chair Joseph Badessa Assistant Secretary Joseph Schmitt Assistant Secretary Robert Slater Assistant Secretary Torben Christensen Assistant Secretary Also present were: Chuck Adams District Manager Cleo Adams Assistant Regional Manager Jason Olson Assistant Regional Manager Tony Pires District Counsel Terry Cole District Engineer Carrie Robinson (via telephone) Special Counsel Marie Puckett Fiddler s Creek Security Robert Dieckmann Interim Project Manager The Foundation Elysee Marshall Resident Frank Marcos Resident Jesse Fritz Resident Judy Tibbs Resident FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Brougham called the meeting to order at 8:00 a.m. All Supervisors were present, in person. SECOND ORDER OF BUSINESS Public Comments: Non-Agenda Items (3 minutes per speaker) Ms. Elysee Marshall, a resident, indicated the vinyl fence adjacent to the chain-link fence, on Mulberry Lane, has an 8 gap, allowing access into the community. Mr. Coles was directed to tour the site and make the repairs needed to close the gap. 1

37 FIDDLER S CREEK CDD #1 DRAFT December 12, THIRD ORDER OF BUSINESS Administration of Oath of Office to Newly Elected Supervisors, Joseph Badessa, [SEAT 1] and Torben Christensen, [SEAT 2] (the following to be provided in a separate package) Mrs. Adams, a Notary of the State of Florida and duly authorized, administered the Oath of Office to Mr. Joseph Badessa and Mr. Torben Christensen. Mrs. Adams provided and briefly explained the following items: A. Guide to Sunshine Amendment and Code of Ethic for Public Officers and Employees B. Membership, Obligations and Responsibilities C. Financial Disclosure Forms i. Form 1: Statement of Financial Interests ii. Form 1X: Amendment to Form 1, Statement of Financial Interests iii. Form 1F: Final Statement of Financial Interests D. Form 8B Memorandum of Voting Conflict Upon review of Sunshine Law, Supervisors do not have to keep documents provided by Management, as Management retains all District documents. Public records requests should be forwarded to Management and District Counsel. Mr. Pires explained the implications, civil and criminal penalties involved, in Board Members violating the Sunshine Law, and reiterated that no communication between Board Members should occur outside of a public meeting; and if they are ever in doubt they should contact Mr. Pires, Mr. Adams or Mrs. Adams for clarification and to forward them any public records requests they receive. FOURTH ORDER OF BUSINESS Consideration of Resolution , Electing the Officers of the Fiddler s Creek CDD #1, Collier County, Florida Mr. Brougham presented Resolution Mr. Slater nominated Mr. Brougham as Chair. Mr. Schmitt seconded the nomination. No other nominations were made for Chair. Mr. Brougham nominated Mr. Slater as Vice Chair. Mr. Badessa seconded the nomination. No other nominations were made for Vice Chair. With the addition of Mr. Christensen as an Assistant Secretary and the nominations of Mr. Brougham as Chair and Mr. Slater as Vice Chair and retaining the remainder of the slate of officers unchanged, the slate of officers was as follows: 2

38 FIDDLER S CREEK CDD #1 DRAFT December 12, Chair Vice Chair Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Treasurer Assistant Treasurer Phillip Brougham Robert Slater Chuck Adams Joseph Schmitt Joseph Badessa Torben Christensen Craig Wrathell Craig Wrathell Jeff Pinder On MOTION by Mr. Badessa and seconded by Mr. Slater, with all in favor, Resolution , Electing the Officers of the Fiddler s Creek CDD #1, Collier County, Florida, as nominated and stated, was adopted. FIFTH ORDER OF BUSINESS Special Counsel Update Ms. Robinson provided the following update: Discovery continues despite the December 14 th cutoff date. Counsels agreed to extend certain depositions, due to the upcoming holiday schedule and other extenuating circumstances. An Executive Session to discuss matters that are not appropriate for a public meeting was requested. Today s meeting will be continued to Friday, December 14, 2018 at 9:00 a.m., for the purposes of holding the Executive Session. The location will be either the 19 th Hole or old Board Room, the location will be confirmed before this meeting recesses. Ms. Robinson left the meeting. SIXTH ORDER OF BUSINESS Developer s Report There being no Developer s Report, the next item followed. In response to a question regarding providing Security with license plate and vehicle registration, Ms. Puckett instructed residents to submit their license plate registration information to the Safety Department, main gate staff or to it to her. 3

39 FIDDLER S CREEK CDD #1 DRAFT December 12, In response to a question regarding a comment by Mr. DiNardo about giving a presentation about The Foundation taking over Security fully, Ms. Puckett stated that she had no information about it. Mr. Adams recalled that the timing would be around or during the Fiscal Year 2020 budget deliberations. SEVENTH ORDER OF BUSINESS Engineer s Report: Hole Montes, Inc. Mr. Cole distributed the Hurricane Irma Restoration Report for December 12, 2018 and reported the following: Landscape restoration project was completed and follow up inspections of the remaining punch list items were being performed for areas such as along the Hawk s Nest fence and the landscape lighting. Streetlight repairs were completed. Signage: - Confirmation pending from Mr. Dieckmann regarding completion of the signage punch list items. Lock down rods for all double-sided gates were installed to the lock bar posts, locks were installed at the three locations and the keys were given to Ms. Puckett. Repairs to the fence panel along Mahogany were completed. Several surplus pallets of fence panels, in the yard North of Sandpiper, will be moved and, depending on availability, stored at one of the pump stations or staged in the parking lot located on Creative. Mr. Slater stated that striping was painted on CDD pavers, as opposed to the pavers on Isla Del Sol s property. Mr. Pires stated that, when he contacted Isla Del Sol s counsel to discuss a Licensing Agreement, he was told that, because work was already done, they no longer required a License Agreement. Mr. Cole explained that the original intent was to join the milling and repaving projects and engage one contractor but have separate contracts; however, the matter is now moot. Mr. Adams confirmed that, as long as the District is in compliance, an agreement was no longer necessary. Mr. Dieckmann is coordinating installation of pavers and park bench at Lake #88, adjacent to the irrigation pump house and at the Championship Drive bench location. Mr. Olson will inventory the number of benches within the District and obtain a proposal to replace all of them. 4