Packet - Fiddler`s Creek CDD #2

Transcription

FIDDLER’S CREEK
COMMUNITY DEVELOPMENT
DISTRICT #2
REGULAR MEETING
AGENDA
February 24, 2016
Fiddler’s Creek Community Development District #2
2300 Glades Road, Suite 410W●Boca Raton, Florida 33431
Phone: (561) 571-0010●Fax: (561) 571-0013●Toll-free: (877) 276-0889
February 18, 2016
Board of Supervisors
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 #2 will hold
a Regular Meeting on Wednesday, February 24, 2016 at 10:00 a.m., at the Fiddler’s Creek
Club and Spa, 3470 Club Center Boulevard, Naples, Florida 34114. 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: Litigation Activities
4.
Consideration of Second Supplement to Sixth Supplemental Trust Indenture (2014-3
Bonds)
5.
Developer’s Report/Update
6.
Engineer’s Report
7.
Approval of Unaudited Financial Statements as of January 31, 2016
8.
Presentation: Insurance Coverage and FIA Proposal for Additional Crime Coverage
[Mark Grimmel, Egis Insurance and Risk Advisors]
9.
Consideration Resolution 2016-5, Authorizing the District to Borrow Funds from
Iberiabank, in the Form of a Revolving Line of Credit in a Principal Amount Not to
Exceed $500,000.00 to Provide an Immediate Source of Capital Upon the Occurrence
of an Unexpected Emergency; Approving a Term Sheet; and, Providing an Effective
Date
10.
Approval of January 27, 2016 Regular Meeting Minutes
11.
Other Business
February 24, 2016, Regular Meeting Agenda
Page 2
12.
Staff Reports
A.
District Counsel
B.
District Manager
i.
C.
NEXT MEETING DATE: March 23, 2016 at 10:00 A.M.
Operations Manager
13.
Supervisors’ Requests
14.
Adjournment
Should you have any questions, please do not hesitate to contact me directly at 239-464-7114.
Sincerely,
Chesley E. Adams, Jr.
District Manager
SECOND SUPPLEMENT TO SIXTH SUPPLEMENTAL TRUST INDENTURE
(2014-3 BONDS)
THIS SECOND SUPPLEMENT TO SIXTH SUPPLEMENTAL TRUST
INDENTURE (the “Second Supplement”) dated as of February __, 2016, by and between
FIDDLER’S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 (the “District”) to
WILMINGTON TRUST, NATIONAL ASSOCIATION AS SUCCESSOR TO U.S. BANK
NATIONAL ASSOCIATION, as trustee (the “Trustee”), a national banking association under
the laws of the United States of America.
WHEREAS, Fiddler’s Creek Community Development District # 2 (the “District”) is a
community development district duly organized and existing under the provisions of Chapter
190, Florida Statutes, as amended (the “Act”), for the purpose, among other things, of financing
and managing the acquisition, construction, maintenance, and operation of the major
infrastructure within and as provided in the Act without the boundaries of the District; and
WHEREAS, the District has entered into a Master Trust Indenture dated as of June 1,
2003 (the “Master Indenture”) with the Trustee, as ultimate successor to SunTrust Bank, to
secure the issuance of its bonds as defined in the Master Indenture (the “Bonds”), issuable in one
or more series from time to time; and
WHEREAS, on or about July 31, 2014, the District issued its Special Assessment
Revenue Bonds, Series 2014-3 (the “2014-3 Bonds”) pursuant to the Master Indenture and a
Sixth Supplemental Trust Indenture dated as of July 1, 2014 (as supplemented as described
herein, the “Sixth Supplemental Indenture” and together with the Master Indenture, the
“Indenture”); and
WHEREAS, on November 23, 2015, the District and the Trustee, with the direction and
consent of the Beneficial Holder of all of the 2014-3 Bonds (the “2014-3 Holder”) as required by
Section 9.2 of the Master Indenture, entered into a First Supplement to Sixth Supplemental
Indenture (the “First Supplement”) to amend certain provisions of the Sixth Supplemental
Indenture to reflect the defeasance of a portion of the 2014-3 Bonds and related matters; and
WHEREAS, the District and the Trustee, with the direction and consent of the 2014-3
Holder as required by Section 9.2 of the Master Indenture, wish to further supplement the Sixth
Supplemental Indenture to add additional covenants and to create a reserve account for the 20143 Bonds; and
WHEREAS, as evidenced by the Consent of Beneficial Holder attached hereto, the
2014-3 Holder, as the Beneficial Holder of 100% of the aggregate principal amount of the
Outstanding 2014-3 Bonds, has given such direction and consent; and
WHEREAS, pursuant to Resolution No. 2016-__ adopted by the Governing Body of the
District on February __, 2016, the District has authorized the execution and delivery of this
Second Supplement.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THIS SECOND
SUPPLEMENT TO SIXTH SUPPLEMENTAL TRUST INDENTURE WITNESSETH:.
ARTICLE I
DEFINITIONS
Section 101. Definitions. All terms used herein that are defined in the recitals hereto are
used with the same meaning herein unless the context clearly requires otherwise. All terms used
herein that are defined in the Master Indenture or the Sixth Supplemental Indenture are used with
the same meaning herein (including the use of such terms in the recitals hereto) unless (i)
expressly given a different meaning herein or (ii) the context clearly requires otherwise.
ARTICLE II
AMENDMENTS; APPLICATION OF FUNDS
Section 201.
Amendments.
(a)
Definitions. (i) The definition of “Series Reserve Account Requirement” is
hereby deleted.
(ii)
On and after the date hereof, the following capitalized terms shall have the
meanings set forth below:
“Substantially Absorbed” means that date on which at least 90% of the principal portion
of the 2014-3 Special Assessments have been assigned to residential units within the District that
have received certificates of occupancy.
“2014-3 Reserve Account Requirement” means, as determined from time to time,
______________ percent (___%) of the Maximum Annual Debt Service Requirement for the
2014-3 Bonds. Initially the 2014-3 Reserve Account Requirement shall be equal to
$_____________.
(b) Additional Covenants by the District. The District covenants not to issue any other
Bonds or other debt obligations secured by the 2014-3 Special Assessments. In addition, the
District covenants not to issue any other Bonds or other debt obligations secured by non-ad
valorem assessments levied on lands subject to the 2014-3 Special Assessments to finance any
capital project unless and until the 2014-3 Special Assessments have been Substantially
Absorbed; provided the foregoing shall not preclude the imposition of Special Assessments or
other non-ad valorem assessments on such lands in connection with capital projects that are
necessary for health, safety or welfare reasons or to remediate a natural disaster, upon delivery to
the Trustee of a certificate of the District certifying that such additional debt is required for
health, safety, or welfare reasons or to remediate a natural disaster, such certificate to be
accompanied by a written opinion or affidavit from any two of the District Manager, Counsel to
the District or the Consulting Engineers. The Trustee and the District may rely on a certificate
from the District Manager regarding such status of the residential units and the 2014-3 Special
2
Assessments. Such covenants shall not prohibit the District from issuing refunding bonds or
exchange bonds.
(c)
2014-3 Reserve Account. There is hereby established to be held by the Trustee a
2014-3 Reserve Account; amounts on deposit therein shall be applied in accordance with Section
5.5 of the Master Indenture and this Second Supplement.
On the date hereof, $___________ representing the 2014-3 Reserve Account
Requirement shall be deposited by the 2014-3 Holder with the Trustee. Upon receipt of such
funds, the Trustee will deposit such funds into the 2014-3 Reserve Account.
Amounts on deposit in the 2014-3 Reserve Account, except as provided elsewhere in this
section shall be used only for the purpose of making payments into the 2014-3 Interest Account
and the 2014-3 Sinking Fund Account to pay the 2014-3 Bonds, without distinction as to 2014-3
Bonds and without privilege or priority of one 2014-3 Bond over another, when due when the
moneys on deposit in such Accounts and available therefor are insufficient.
Notwithstanding the foregoing, on the earliest date on which there is on deposit in the
2014-3 Reserve Account sufficient monies taking into account other monies available therefor,
to pay and redeem all of the Outstanding 2014-3 Bonds, together with interest and redemption
premium, if any, on such 2014-3 Bonds to the earliest date of redemption permitted therein and
herein, then the Trustee shall transfer the amount on deposit in the 2014-3 Reserve Account into
the 2014-3 Redemption Account to pay and redeem all of the Outstanding 2014-3 Bonds on the
earliest date permitted for redemption.
Earnings on investments in the 2014-3 Reserve Account (i) to the extent the balance in
the 2014-3 Reserve Account equals or exceeds the 2014-3 Reserve Account Requirement, shall
be deposited in the 2014-3 Revenue Account unless otherwise directed by the District and (ii) to
the extent there is a deficiency in the 2014-3 Reserve Account, shall be retained in the 2014-3
Reserve Account. On each Interest Payment Date, any surplus in the 2014-3 Reserve Account
shall be deposited in the 2014-3 Revenue Account unless otherwise directed by the District.
ARTICLE III
MISCELLANEOUS
Section 301. Application of Provisions of Sixth Supplemental Indenture. As
supplemented by this Second Supplement, the Indenture is in all respect ratified and confirmed,
and this Second Supplement shall be read, taken and construed as a part of the Indenture so that
all of the rights, remedies, terms, conditions, covenants and agreements of the Indenture, except
insofar as modified herein or by the First Supplement, shall apply and remain in full force and
effect with respect to this Second Supplement and to the 2014-3 Bonds. To the extent of any
conflicts between the terms and provisions of the Indenture and this Second Supplement, the
terms and provisions hereof shall control.
Section 302. Counterparts. This Second Supplement may be executed in any number of
counterparts, each of which when so executed and delivered, shall be an original; but such
counterparts together shall constitute but one and the same Second Supplement. The exchange
3
of copies of this Second Supplement and of signature pages by facsimile or PDF transmission
shall constitute effective execution and delivery of this Second Supplement as to the parties
hereto and may be used in lieu of the original Indenture for all purposes. Signatures of the
parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for
all purposes.
Section 303. Severability. If any clause, provision or section of this Second Supplement
is held illegal or invalid by any court, the invalidity of such clause, provision or section shall not
affect any of the remaining clauses, provisions or sections hereof, and this Second Supplement
shall be construed and enforced as if such illegal or invalid clause, provision or section had not
been contained herein. In case any agreement or obligation contained in this Second Supplement
is held to be in violation of law, such agreement or obligation shall nevertheless be determined to
be the agreement or obligation of the District to the fullest extent permitted by law.
Section 304. Governing Law. This Second Supplement shall be governed in accordance
with the laws of the State of Florida.
Section 305. The Trustee. The Trustee shall not be responsible in any manner
whatsoever for or in respect of the validity or sufficiency of this Second Supplement or for or in
respect of the recitals contained herein, all of which recitals are made solely by the District.
[signatures appear on the following page]
4
IN WITNESS WHEREOF, Fiddler’s Creek Community Development District # 2 has
caused these presents to be signed in its name and on its behalf by its Chairman, and its official
seal to be hereunto affixed and attested by its Secretary, thereunto duly authorized, and the
Trustee has caused these presents to be signed in its name and on its behalf by its duly authorized
officer.
FIDDLER’S CREEK COMMUNITY
DEVELOPMENT DISTRICT # 2
[SEAL]
By:
Chairman, Board of Supervisors
ATTEST:
By:
Secretary
WILMINGTON TRUST, NATIONAL
ASSOCIATION
as Successor Trustee
By:
Vice President
B-1
CONSENT OF BENEFICIAL HOLDER
The undersigned hereby (i) represents that it is the sole Beneficial Holder of all of the Outstanding 2014-3
Bonds (as evidenced by the attached Confirmation of Ownership) and has the authority to execute this
Consent of Beneficial Holder and to provide the directions stated herein, (ii) consents to and
acknowledges the form and content of the foregoing Second Supplement, (iii) directs the Trustee to
execute and deliver the foregoing Second Supplement, and (iv) waives any requirement of prior notice
thereof, all as of this ____ day of February, 2016:
Fiddler’s CDD Investor LLC
By: Mount Kellett Master Fund II, L.P., its managing member
By: Mount Kellett Capital Partners GP LLC, its general partner
By: Mount Kellett Capital LLC, its managing member
By:
Name:
Title: Authorized Signatory
B-2
[attach confirmation of ownership from custodian]
75066332_2.docx
B-3
FIDDLER'S CREEK
COMMUNITY DEVELOPMENT DISTRICT #2
FINANCIAL STATEMENTS
UNAUDITED
JANUARY 31, 2016
FIDDLER'S CREEK
BALANCE SHEET
GOVERNMENTAL FUNDS
JANUARY 31, 2016
Debt
Service
Series 2003
General
ASSETS
Cash
Investments
Revenue A
Revenue B
Reserve A
Reserve B
Prepayment A
Prepayment B
Remedial
Construction
Optional redemption
COI
Due from other funds
Debt service fund series 2003
Undeposited funds
Prepaid int expense series A
Prepaid int expense series B
Total assets
$1,293,437
$
Debt
Service
Series 2004
-
$
-
Debt
Service
Series 2005
Debt
Service
Series 2014-1
Debt
Service
Series 2014-2
Debt
Service
Series 2014-3
Debt
Service
Series 2014-4
Debt
Service
Series 2015A-1
Debt
Service
Series 2015A-2
Debt
Service
Series 2015B
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
Capital
Projects
Series 2014-2
Capital
Projects
Series 2015A-1
Total
Governmental
Funds
$
$
-
$ 1,293,437
-
-
5,584,111
73,752
172,676
110
1,948,112
3,534,047
10,186
-
242,249
50,007
467,157
-
180,905
50,007
9
-
55,510
205,166
-
1
-
193,690
69
-
1
-
108,514
724
36,238
3,041
184,844
5,303
978,410
-
5,126,509
-
6,256,467
73,752
602,286
110
2,620,444
3,534,047
10,186
6,104,919
69
9,068
3,000
$ 1,296,437
244,175
178,802
46,220
$ 11,792,191
$
759,413
51
25,559
$ 256,531
$
260,676
1
193,759
1
109,238
39,279
190,147
978,410
$ 5,126,509
51
269,734
3,000
178,802
46,220
$ 21,002,592
$
$
$
$
$
$
LIABILITIES AND FUND BALANCES
Liabilities
Accounts payable
$ 158,030
Principal payable - A1
Interest payable - A1
Due to other funds
Due to Fiddler's Creek CDD #1
24,644
Due to Developer
110,735
Total liabilities
293,409
Fund balances:
Restricted for:
Debt service
Capital projects
Unassigned
1,003,028
Total fund balances
1,003,028
Total liabilities & fund balances
$ 1,296,437
1,097,937
2,015,922
3,500
-
3,500
-
-
$
$
-
$
$
-
$
$
-
$
$
-
$
$
-
$
$
-
$
$
-
-
165,030
1,097,937
2,015,922
51
3,113,910
244,175
25,559
273,234
3,500
-
-
-
-
-
-
-
-
-
244,175
25,610
24,644
110,735
3,684,053
8,678,281
8,678,281
$ 11,792,191
486,179
486,179
759,413
253,031
253,031
$ 256,531
260,676
260,676
260,676
1
1
1
193,759
193,759
193,759
1
1
1
109,238
109,238
109,238
39,279
39,279
39,279
190,147
190,147
190,147
978,410
978,410
978,410
5,126,509
5,126,509
$ 5,126,509
10,210,592
6,104,919
1,003,028
17,318,539
$ 21,002,592
$
$
$
$
$
$
$
$
$
1
FIDDLER'S CREEK
STATEMENT OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
GENERAL FUND
FOR THE PERIOD ENDED JANUARY 31, 2016
Current
Month
Year to
Date
Budget
100,304
21,648
71
122,023
$ 1,243,566
86,591
35,730
1,365,887
$1,715,660
259,774
7,500
1,982,934
72%
33%
476%
69%
EXPENDITURES
Administrative
Supervisors
Management
Assessment roll preparation
Audit
Legal -general
Legal - litigation
Engineering
Engineering - FC Pkwy
Telephone
Postage
Insurance
Printing and binding
Legal advertising
Office supplies
Annual district filing fee
Trustee
Arbitrage rebate calculation
Contingency
Total administrative
861
7,055
3,543
65,178
1,325
783
22
19
50
45
79
78,960
4,091
28,220
22,500
6,919
65,178
4,079
1,854
88
1,136
4,450
199
8,300
230
175
10,500
302
158,221
12,275
84,662
22,500
12,000
15,000
50,000
15,000
263
2,000
9,245
595
2,000
750
175
25,500
8,000
25,000
284,965
33%
33%
100%
0%
46%
130%
27%
N/A
33%
57%
48%
33%
415%
31%
100%
41%
0%
1%
56%
Field management
Field management services
Total field management
952
952
3,808
3,808
11,424
11,424
33%
33%
4,280
8,801
13,081
10,240
31,525
41,765
77,607
132,500
210,107
13%
24%
20%
1,231
1,231
3,309
3,309
7,500
12,500
1,000
21,000
0%
26%
0%
16%
REVENUES
Assessment levy: on-roll - net
Assessment levy: off-roll
Interest & miscellaneous
Total revenues
Water management
Other contractual
Fountains
Total water management
Street lighting
Contractual services
Electricity
Miscellaneous
Total street lighting
$
% of
Budget
2
FIDDLER'S CREEK
GENERAL FUND
Current
Month
Year to
Date
Budget
% of
Budget
Landscaping
Other contractual
Improvements and renovations
Contingencies
Total landscaping
28,796
3,053
31,849
99,309
3,896
103,205
670,000
75,000
5,000
750,000
15%
5%
0%
14%
Access control
Contractual services
Rentals & leases
Fuel
Repairs & maintenance - parts
Repairs & maintenance - gate house
Insurance
Operating supplies
Capital outlay
Total access control
9,116
2,679
365
173
17
1,400
6,231
19,981
44,270
2,679
1,255
932
1,849
3,268
6,248
6,231
66,732
240,157
15,297
6,316
2,961
9,869
4,282
17,764
7,895
304,541
18%
18%
20%
31%
19%
76%
35%
79%
22%
Roadway maintenance
Contractual services (street cleaning)
Roadway maintenance
Capital outlay - traffic signal
Total roadway services
150
4,885
457
5,492
400
53,135
1,619
55,154
10,000
55,000
65,000
4%
97%
N/A
85%
Irrigation
Controller repairs & maintenance
Supply system
Total irrigation
18
5,832
5,850
54
17,715
17,769
4,000
86,848
90,848
1%
20%
20%
2,005
2,005
159,401
24,870
24,870
474,833
26,807
35,743
62,550
1,800,435
0%
70%
40%
26%
(37,378)
891,054
182,499
Other fees & charges
Property appraiser
Tax collector
Total other fees & charges
Total expenditures and other charges
Excess/(deficiency) of revenues
over/(under) expenditures
Fund balances - beginning
Fund balances - ending
$
1,040,406
1,003,028
111,974
$ 1,003,028
$
163,211
345,710
3
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2003
Current
Month
REVENUES
Assessment prepayments
Special assessment - direct bill
Interest
Total revenues
$
EXPENDITURES
Debt service
Principal A
Principal B
Interest A
Interest B
Total debt service
Property appraiser
Tax collector
Total expenditures
$
Year to
Date
121,312
51,359
3,384
84
176,139
1,504,028
571,501
5,076
400
2,081,005
$ 2,086,260
1,902,400
3,988,660
72%
0%
N/A
N/A
N/A
52%
-
-
555,000
1,644,243
1,441,903
258,157
3,899,303
0%
0%
0%
0%
0%
2,425
2,425
30,079
30,079
32,598
43,464
76,062
0%
69%
40%
2,425
30,079
3,975,365
1%
173,714
2,050,926
13,295
6,627,355
8,678,281
5,462,428
$ 5,475,723
8,504,567
8,678,281
$
Budget
% of
Budget
$
4
FIDDLER'S CREEK
Current
Month
REVENUES
Interest
Total revenues
$
EXPENDITURES
Debt service
Principal - on-roll
Interest - on-roll
Total debt service
Property appraiser
Tax collector
Total expenditures
$
Year to
Date
18,105
4
18,109
$
224,467
33,226
23
257,716
Budget
$
% of
Budget
314,496
314,496
71%
N/A
N/A
82%
-
115,256
115,256
70,000
232,538
302,538
0%
50%
38%
362
362
362
4,489
4,489
119,745
4,914
6,552
11,466
314,004
0%
69%
39%
38%
17,747
137,971
493
348,208
486,179
1,075,765
$ 1,076,258
468,432
486,179
$
5
FIDDLER'S CREEK
Current
Month
REVENUES
Interest
Total revenues
$
EXPENDITURES
Debt service
Principal: on-roll
Interest: on-roll
Total debt service
Property appraiser
Tax collector
Total expenditures
$
Year to
Date
13,476
13,476
$
167,076
4
167,080
Budget
$
% of
Budget
230,281
230,281
73%
N/A
73%
-
79,050
79,050
55,000
158,100
213,100
0%
50%
37%
269
269
269
3,341
3,341
82,391
3,598
4,798
8,396
221,496
0%
70%
40%
37%
13,207
84,689
8,785
239,824
253,031
$
168,342
253,031
$
585,341
594,126
6
FIDDLER'S CREEK
DEBT SERVICE EXCHANGE FUND SERIES 2014-1 (SERIES 2005)
Current
Month
REVENUES
Interest
Total revenues
$
EXPENDITURES
Debt service
Principal
Principal prepayment
Interest
Total debt service
Property appraiser
Tax collector
Total expenditures
Year to
Date
4,766
2
4,768
$
$
81,621
723,980
805,601
72%
41%
N/A
N/A
69%
-
395,000
315,394
710,394
185,000
617,625
802,625
0%
N/A
51%
89%
95
95
1,181
1,181
1,275
1,700
2,975
0%
69%
40%
95
711,575
805,600
88%
4,673
$
59,088
293,300
203,935
16
556,339
% of
Budget
Budget
256,003
260,676
(155,236)
$
415,912
260,676
1
$
4,800
4,801
7
FIDDLER'S CREEK
Current
Month
REVENUES
Interest
Total revenues
$
Year to
Date
475,649
1
475,650
$ 1,281,300
1,281,300
37%
N/A
37%
-
475,650
475,650
330,000
951,300
1,281,300
0%
50%
37%
Total expenditures
-
475,650
1,281,300
37%
-
-
-
EXPENDITURES
Debt service
Principal
Interest
Total debt service
$
-
1
1
$
% of
Budget
Budget
$
1
1
$
-
8
FIDDLER'S CREEK
Current
Month
REVENUES
Interest
Total revenues
$
EXPENDITURES
Financial Expenses
Debt service
Principal
Interest
Total debt service
Property appraiser
Tax collector
Total expenditures
$
Year to
Date
15,941
46
15,987
197,639
398,338
72
596,049
$
272,788
1,018,757.00
1,291,545
72%
39%
N/A
46%
-
475,800
475,800
330,000
951,600
1,281,600
0%
50%
37%
318
318
3,952
3,952
4,262
5,683
9,945
0%
70%
40%
318
479,752
1,291,545
37%
15,669
116,297
-
178,090
193,759
$
% of
Budget
Budget
$
77,462
193,759
$
-
9
FIDDLER'S CREEK
Current
Month
REVENUES
Interest
Total revenues
$
EXPENDITURES
Debt service
Principal
Interest
Total debt service
Year to
Date
-
$
% of
Budget
Budget
323,700
1
323,701
$
872,400
872,400
37%
N/A
37%
-
323,700
323,700
225,000
647,400
872,400
0%
50%
37%
Total expenditures
-
323,700
872,400
37%
-
1
-
$
1
1
$
1
$
-
10
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2015A-1
Current
Month
Year to
Date
REVENUES
Interest
Total revenues
1
1
EXPENDITURES
Receipt of bonds proceeds
Cost of issuance
-
Total expenditures
$
% of
Budget
Budget
-
N/A
N/A
(337,287)
228,050
(109,237)
-
N/A
N/A
N/A
-
(109,237)
-
N/A
1
109,238
-
109,237
109,238
1
1
$
109,238
$
-
11
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2015A-2
Current
Month
Year to
Date
REVENUES
Interest
Total revenues
-
EXPENDITURES
Proceeds from refunded bonds
Cost of issuance
Pymt to refunded escrow agent
-
Total expenditures
$
% of
Budget
Budget
-
N/A
N/A
(1,779,680)
65,737
1,674,664
(39,279)
-
N/A
N/A
N/A
N/A
-
(39,279)
-
N/A
-
39,279
-
39,279
39,279
-
$
39,279
$
-
12
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2015B
Current
Month
Year to
Date
REVENUES
Interest
Total revenues
-
EXPENDITURES
Proceeds from refunded bonds
Cost of issuance
Pymt to refunded escrow agent
-
(5,832,012)
190,300
5,451,566
(190,146)
Total expenditures
-
-
$
190,147
190,147
1
1
$
% of
Budget
Budget
-
N/A
N/A
-
N/A
N/A
N/A
N/A
(190,146)
-
N/A
190,147
-
190,147
$
-
13
FIDDLER'S CREEK
CAPITAL PROJECTS FUND EXCHANGE 2014-2 (SERIES 2005)
Current
Month
REVENUES
Total revenues
$
EXPENDITURES
Capital outlay
Total expenditures
$
Year to
Date
9
9
$
50
50
-
398,826
398,826
9
(398,776)
978,401
978,410
$
1,377,186
978,410
14
FIDDLER'S CREEK
CAPITAL PROJECTS FUND 2015
Current
Month
REVENUES
Bond Proceeds
Total revenues
EXPENDITURES
Capital outlay
Total expenditures
$
Year to
Date
46
46
64
5,590,120
5,590,184
-
463,675
463,675
46
5,126,509
5,126,463
$ 5,126,509
$ 5,126,509
-
$
15
Egis Insurance & Risk Advisors
Is pleased to provide a
Proposal of Insurance Coverage for:
Fiddlers Creek II Community Development District
Please review the proposed insurance coverage terms and conditions carefully.
Written request to bind must be received prior to the effective date of coverage.
The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or
describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage, please refer
directly to the Coverage Agreement documents. Specimen forms are available upon request.
Page | 1
Quotation being provided for:
c/o Wrathell, Hunt & Associates, LLC
2300 Glades Road, Suite 410W,
Boca Raton, FL 33431
Term: December 15, 2015 to October 1, 2016
Quote Number: 100115574C
PROPERTY COVERAGE
Limits
Blanket Building & Contents Limit
Not Included
Inland Marine
Not Included
Flood Limit
Excess of NFIP, whether purchased or not
Not Included
Earthquake Limit
Not Included
Boiler & Machinery
Not Included
TRIA
Not Included
Deductibles
Per Occurrence Building & Contents and Extensions of Coverage
Per Occurrence for Named Windstorm
Not Applicable
Not Applicable
Subject to Minimum of:
Not Applicable
Per Flood, (except zones A, V see page 8, Terms and Conditions) excess of NFIP,
whether purchased or not
Not Applicable
Per Earth Movement
Not Applicable
* of Total Insured Values per location, at each affected location throughout Florida subject
to a minimum of per occurrence, per Named Insured.
TOTAL PROPERTY PREMIUM
Not Included
Page | 2
Extensions of Coverage
If marked with an "X" we will cover the following EXTENSIONS OF COVERAGE under this Agreement, These limits of liability do not
increase any other applicable limit of liability.
(X)
Code
Extension of Coverage
Limit of Liability
X
A
Accounts Receivable
$500,000 any one occurrence
B
Animals
No Coverage
X
C
Business Income
$1,000,000 any one occurrence
X
D
Debris Removal Expense
$250,000 per insured or 25% of loss, whichever is greater
X
E
Demolition Cost,
Operation of Building
Laws and Increased Cost of
Construction
$500,000 in any one occurrence
X
F
Duty to Defend
$100,000 any one occurrence
X
G
Errors and Omissions
X
H
Expediting Expenses
X
I
Fire Department Charges
X
J
Fungus Cleanup Expense
$100,000 in the annual aggregate in any one occurrence
X
K
Lawns, Plants, Trees and
Shrubs
X
L
Leasehold Interest
Included
X
M
New locations of current
Insureds
$1,000,000 in any one occurrence for up to 90 days except 60 days for Dade,
Broward, Palm Beach from the date such new location(s) is first purchased,
rented or occupied whichever is earlier. Monroe County on prior submit basis
only
X
N
Personal property of
Employees
X
O
Pollution Cleanup Expense
X
P
Professional Fees
X
Q
Recertification of Equipment
Included
X
R
Service Interruption Coverage $100,000 in any one occurrence
X
S
Transit
Page | 3
X
T
Vehicles as Scheduled
Property
Included
X
U
Preservation of Property
X
V
Property at Miscellaneous
Unnamed Locations
X
W
Additional Expenses
$1,000,000 in any one occurrence
CRIME COVERAGE
Description
Forgery and Alteration
Limit
$1,000,000
Deductible
$25,000
Theft, Disappearance or Destruction
$1,000,000
$25,000
Computer Fraud including Funds Transfer Fraud
$1,000,000
$25,000
Employee Dishonesty, including faithful performance, per loss
$1,000,000
$25,000
AUTOMOBILE COVERAGE
COVERAGES
SYMBOL
LIMIT
DEDUCTIBLE
LIABILITY
N/A
Not Included
Not Included
HIRED NON OWNED LIABILITY
N/A
Not Included
Not Included
PERSONAL INJURY PROTECTION
N/A
Not Included
Not Included
AUTO MEDICAL PAYMENTS
N/A
Not Included
Not Included
UNINSURED MOTORISTS/ UNDERINSURED MOTORISTS
N/A
Not Included
Not Included
AUTO PHYSICAL DAMAGE
N/A
Not Included
Not Included
Page | 4
GENERAL LIABILITY COVERAGE (Occurrence Basis)
Bodily Injury and Property Damage Limit
Not Included
Personal Injury and Advertising Injury
Not Included
Products & Completed Operations Aggregate Limit
Not Included
Employee Benefits Liability Limit, per person
Not Included
Herbicide & Pesticide Aggregate Limit
Not Included
Medical Payments Limit
Not Included
Fire Damage Limit
Not Included
No fault Sewer Backup Limit
Not Included
General Liability Deductible
Not Included
PUBLIC OFFICIALS AND EMPLOYMENT PRACTICES LIABILITY (Claims Made)
Public Officials and Employment Practices Liability Limit
Public Officials and Employment Practices Liability Deductible
Per Claim
Not Included
Aggregate
Not Included
Not Included
Supplemental Payments: Pre-termination $2,500 per employee - $5,000 annual aggregate.
Non-Monetary $100,000 aggregate.
Page | 5
PREMIUM SUMMARY
c/o Wrathell, Hunt & Associates, LLC
2300 Glades Road, Suite 410W,
Boca Raton, FL 33431
Term: December 15, 2015 to October 1, 2016
Quote Number: 100115574C
PREMIUM BREAKDOWN
Property (Including Scheduled Inland Marine)
Not Included
Crime
$795
Automobile Liability
Not Included
Hired Non-Owned Auto
Not Included
Auto Physical Damage
Not Included
General Liability
Not Included
Public Officials and Employment Practices Liability
Not Included
TOTAL PREMIUM DUE
$795
IMPORTANT NOTE
Defense Cost - Outside of Limit, Does Not Erode the Limit for General Liability, Public Officials Liability,
and Employment related Practices Liability.
Deductible does not apply to defense cost. Self-Insured Retention does apply to defense cost.
Additional Notes:
Annual premium for this proposal $1,000
Page | 6
PARTICIPATION AGREEMENT
Application for Membership in the Florida Insurance Alliance
The undersigned local governmental entity, certifying itself to be a public agency of the State of Florida
as defined in Section 163.01, Florida Statutes, hereby formally makes application with the Florida
Insurance Alliance (“FIA”) for continuing liability and/or casualty coverage through membership in FIA,
to become effective 12:01 a.m., 12/15/2015, and if accepted by the FIA’s duly authorized
representative, does hereby agree as follows:
(a) That, by this reference, the terms and provisions of the Interlocal Agreement creating the Florida
Insurance Alliance are hereby adopted, approved and ratified by the undersigned local
governmental entity. The undersigned local governmental entity certifies that it has received a copy
of the aforementioned Interlocal Agreement and further agrees to be bound by the provisions and
obligations of the Interlocal Agreement as provided therein;
(b) To pay all premiums on or before the date the same shall become due and, in the event Applicant
fails to do so, to pay any reasonable late penalties and charges arising therefrom, and all costs of
collection thereof, including reasonable attorneys’ fees;
(c) To abide by the rules and regulations adopted by the Board of Directors;
(d) That should either the Applicant or the Fund desire to cancel coverage; it will give not less than
thirty (30) days prior written notice of cancellation;
(e) That all information contained in the underwriting application provided to FIA as a condition
precedent to participation in FIA is true, correct and accurate in all respects.
(Name of Local Governmental Entity)
By:
Signature
Print Name
Witness By:
Signature
Print Name
IS HEREBY APPROVED FOR MEMBERSHIP IN THIS FUND, AND COVERAGE IS EFFECTIVE December 15, 2015
By:
Administrator
Page | 7
RESOLUTION 2016-5
A RESOLUTION OF THE BOARD OF SUPERVISORS OF
FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT
NUMBER 2 ("DISTRICT"); AUTHORIZING THE DISTRICT TO
BORROW FUNDS FROM IBERIABANK, IN THE FORM OF A
REVOLVING LINE OF CREDIT IN A PRINCIPAL AMOUNT
NOT TO EXCEED $500,000.00 TO PROVIDE AN IMMEDIATE
SOURCE OF CAPITAL UPON THE OCCURRENCE OF AN
UNEXPECTED EMERGENCY; APPROVING A TERM SHEET;
AND, PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FIDDLER'S CREEK
COMMUNITY DEVELOPMENT DISTRICT NUMBER 2 THAT:
Section l. Authority for this Resolution. This Resolution is adopted pursuant to the
provisions of Chapter 190, Florida Statutes, and other applicable provisions of law.
Section 2. Definitions. The following words and phrases shall have the following
meanings when used herein:
"Act" means Chapter 190, Florida Statutes, and other applicable provisions of law.
"Assessments" means a maintenance special assessment as described in Section 190.021,
Florida Statutes.
"Bank" means IBERIABANK.
"District" means Fiddler's Creek Community Development District Number 2, a
community development district of the State established pursuant to the Act.
"Note" means the Note of the District authorized by Section 4 hereof.
"Chairman" means the Chairman or Vice-Chairman of the District.
"Resolution" means this Resolution.
"Secretary" means the Secretary/Treasurer of the Board of Supervisors of the District.
"State" means the State of Florida.
"Supervisor" means a member of the Board of Supervisors of the District pursuant to the
Act.
Section 3. Authorization of Note. Subject and pursuant to the provisions of this
Resolution, an obligation of the District in the form of a revolving line of credit is hereby
authorized to be issued in a principal amount not to exceed $500,000.00 for the purpose of
providing funds, together with other available funds of the District, to provide an immediate
source of capital upon the occurrence of an unexpected emergency, as determined in the
discretion of the District by the adoption of a resolution of the Board of Supervisors of the
District. The Note shall be dated the date of its execution and delivery, which shall be a date
1
agreed upon by the District and the Bank, and shall have such other terms and provisions,
including the interest rate and maturity date, as stated in the form of the Term Sheet dated
February 10, 2016, a copy of which is attached hereto as Exhibit "A" [the "Term Sheet"].
Section 4. Loan Agreement. Notwithstanding any other provision hereof, the Note shall
not be issued nor shall the District be obligated to issue the same, unless and until the District
and the Bank shall execute a Loan Agreement as approved by the District Counsel and District
Manager, consistent with the terms and provisions of the Term Sheet, together with such
changes as shall be approved by the Chairman, such approval to be conclusively evidenced by
the execution thereof by the Chairman.
Section 5. Severability. If any provision of this Resolution shall be held or deemed to
be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not
affect any other provision herein or render any other provision (or such provision in any other
context) invalid, inoperative or unenforceable to any extent whatever.
Section 6. Applicable Provisions of Law. This Resolution shall be governed by and
construed in accordance with the laws of the State.
Section 7. Rules of Interpretation. Unless expressly indicated otherwise, references to
sections or articles are to be construed as references to sections or articles of this instrument as
originally executed. Use of the words "herein," "hereby," "hereunder," "hereof,"
"hereinbefore," "hereinafter" and other equivalent words refer to this Resolution and not solely
to the particular portion in which any such word is used.
Section 8. Captions. The captions and headings in this Resolution are for convenience
only and in no way define, limit or describe the scope or intent of any provisions or sections of
this Resolution.
Section 10. Effective Date. This Resolution shall take effect immediately upon its
adoption.
Passed and approved this _______________ day of February, 2016
ATTEST
BY:__________________________
Chairman, Board of Supervisors
____________________________
Secretary, Board of Supervisors
2
Exhibit "A"
3
FOR DISCUSSION PURPOSES ONLY
TERM SHEET
BY AND BETWEEN
IBERIABANK
AND
Fiddler’s Creek Community Development District 2
February 10, 2016
Borrower:
Loan Amount:
$500,000.00
Interest Rate:
4.25% Fixed
Loan Fee:
1,250.00
Facility Type:
Revolving Line of Credit
Term:
12 months
Purpose:
To serve as an immediate source of capital upon the occurrence of an
unexpected emergency, as determined in the discretion of the Borrower by the
adoption of a resolution of the Board of Supervisors of the Borrower.
Repayment Terms:
Monthly interest only payments. Principal and any unpaid interest due at
maturity
Prepayment Penalty:
None
Collateral:
Pledge of maintenance assessments i.e. assessments imposed, levied and
collected by Borrower for operations and maintenance (O&M) activities,
including any special assessments imposed, levied and collected by the
Borrower related to O&M activities
Guarantor(s):
None required
Financial Reporting:
1. Annual audited Financial Statement
2. Annual “Statement of Condition” by May 1st of each year with respect to
any units with unpaid tax bills, resulting in the sale of a tax certificate.
Other Terms &
Conditions:
1. Borrower shall maintain a deposit relationship with IBERIABANK representing
not less than $300,000 of general fund revenues, generated from maintenance
assessments.
2. This term sheet and any extension of an offer of credit is subject to review
and approval by legal counsel engaged by IBERIABANK and an opinion of
District counsel in form and substance satisfactory to IBERIABANK and its
counsel, specifically with respect to the Borrower’s ability to borrow money
and to offer the collateral as indicated above.
3. The note and other documentation evidencing the facility will establish such
conditions as are required by IBERIABANK to enter into the facility, as well
as conditions to be met by the District for drawing on the facility including,
but not limited to, (a) a representation by the District that it will include in
the O&M budget for the next ensuing fiscal year of the District an amount
sufficient to repay the amount of the drawing (including interest) in the next
ensuing fiscal year of the District, and (b) the provision of evidence that the
District holds sufficient funds to pay the interest on the amount drawn until
it begins collecting the O&M assessments identified in clause (b) above.
4. Draw down to occur upon delivery of Resolution determining an emergency
accompanied by the signature (s) of either the Chair/Vice-Chair/treasurer of
Borrower and the District Manager.
5. No mandatory drawdown.
Costs:
Borrower will be responsible for all costs associated with this transaction
including the loan fee, and all attorney fees (with the IBERIABANK
attorney’s fees NTE $7,500), including the cost of document preparation
This Term Sheet is for your information exclusively.
This Term Sheet is for discussion purposes only. This is not intended to be a loan commitment. If the foregoing
terms and conditions are acceptable to you, we will process your loan application, and if applicable, prepare a
formal commitment letter for your signature.
Thank you for this financing opportunity. We look forward to working with you and hope to further establish a
mutually beneficial relationship with you for years to come.
Best Regards,
Karen Shawdee
VP-Commercial Relationship Manager
IBERIABANK
2150 Goodlette Rd N
Naples Fl 34102
1
2
3
4
MINUTES OF MEETING
FIDDLER’S CREEK COMMUNITY DEVELOPMENT DISTRICT #2
A Regular Meeting of the Board of Supervisors of the Fiddler’s Creek Community
5
Development District #2 was held on Wednesday, January 27, 2016 at 10:00 a.m., at the
6
Fiddler’s Creek Club and Spa, 3470 Club Center Boulevard, Naples, Florida 34114.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Present at the meeting were:
James Robertson
Elliot Miller
Victoria DiNardo
Bill Klug
Chair
Vice Chair
Assistant Secretary
Assistant Secretary
Also present were:
Chuck Adams
Cleo Crismond
Tony Pires
Carrie Robinson (via telephone)
Terry Cole
Ron Albeit
Mike Charbonneau
Linda Viegas
Shannon Benedetti
Tony Spinelli
Bob Fried
Allen Kassman
District Manager
Assistant Regional Manager
District Counsel
Tobin & Reyes, P.A., Litigation Counsel
District Engineer
The Foundation
The Foundation
Resident
Resident
Resident
Resident
Resident
FIRST ORDER OF BUSINESS
Call to Order/Roll Call
Mr. Adams called the meeting to order at 10:03 a.m., and noted, for the record, that
34
Supervisors Robertson, Klug, DiNardo and Miller were present, in person. Supervisor Mayer
35
was not present.
36
37
38
39
SECOND ORDER OF BUSINESS
Public Comments: Non-Agenda Items (3
minutes per speaker)
1
FIDDLER’S CREEK CDD #2
January 27, 2016
40
Ms. Shannon Benedetti, a resident, and member of the landscape advisory team (LAT),
41
toured the property and made observations, which were presented to CDD #1, this morning,
42
along with pictures. Ms. Benedetti was especially concerned about white fly.
43
A meeting was held with all committee members to discuss the observations. CDD #2
44
does not have many problem areas; CDD #1 had more, specifically, at the front entrance. In
45
CDD #2, the bougainvilleas in the medians, are not thriving. The Board was asked to consider
46
replacing the bougainvilleas with alternative plants. Ms. Cathy Feser, the Horticulturalist, will
47
observe the medians, this Friday, and make recommendations. Ms. Benedetti provided a copy of
48
her report to Ms. Crismond, to forward to the District’s landscape company.
49
Mr. Miller asked if there is an alternative to the bougainvilleas. Ms. Benedetti indicated
50
that recommendations will be provided on Friday, after Ms. Feser provides her
51
recommendations.
52
Mr. Robertson suggested waiting until March, as bougainvilleas thrive in the spring. Ms.
53
Benedetti clarified that the requested consideration was for the future, especially along Sandpiper
54
Drive, to the Veneta entrance.
55
Ms. DiNardo asked how this matter was resolved in CDD #1. Ms. Benedetti indicated
56
that different species were planted in one section, which is being monitored; so far it looks good.
57
Ms. Crismond stated that the xanadu philodendrons were replaced with firebush but CDD #1
58
wanted to review the bougainvilleas, again, in a few months. In response to Ms. DiNardo’s
59
comment, Ms. Crismond reported that the firebush were planted last summer. It is a native plant
60
that is very hardy and thrives in all weather conditions.
61
bougainvilleas are usually beautiful, this time of year but they thrive in dry conditions and it has
62
not been dry, recently.
Ms. Crismond indicated that
63
Ms. Benedetti will provide a recommendation at the next meeting.
64
Ms. Benedetti observed a dead cassia tree and reported it to Ms. Crismond. Ms. DiNardo
65
recalled that all cassia trees were to be replaced. Ms. Crismond indicated that some cassia trees
66
were replaced last year and will follow up to determine why this cassia tree was not replaced.
67
Ms. Benedetti toured through CDD #2 and observed sparse areas in the Veneta circle.
68
Ms. Benedetti spoke to Ms. Crismond about the Ficus trees, by the utilities, which were damaged
69
by white fly. Ms. Benedetti determined that there was no white fly and asked Ms. Crismond to
70
instruct the landscaper to trim the tops of the Ficus trees damaged by the white fly, as it is
2
January 27, 2016
71
unattractive. In response to Ms. DiNardo’s question, Ms. Benedetti indicated that the density is
72
good at the bottom of the trees but there are holes at the top due to white fly damage. Several
73
bougainvilleas in front of the fountain were removed; however, one remained. Ms. Crismond
74
indicated that this item was included in her report.
75
76
Mr. Miller asked Mr. Adams to report on the bougainvilleas that were cut at the Veneta
entry.
77
Mr. Adams is obtaining proposals to replace two trees; however, the trees are not covered
78
by insurance. He explained that the only time a landscaping item is insurable is if it is attached
79
to an insured facility, such as a guardhouse. If there was landscaping around the guardhouse, for
80
example, and the guardhouse caught on fire and the landscaping burned, it would be insured for
81
replacement. Mr. Adams recommended installing cameras around the fountains because people
82
are hitting the shut-off button, entering the fountain, vandalizing the fountain, etc. Ms. DiNardo
83
noted that this is a serious problem because people walk on top of the rim of the fountain, put
84
their feet into the fountain, stomp on the area and the District is responsible, if someone falls into
85
the fountain. Ms. DiNardo suggested posting signage indicating that no photos are allowed at
86
the fountain. In response to Mr. Miller’s question, Mr. Adams confirmed that the District has
87
general liability insurance.
88
Regarding whether the District has liability exposure, Mr. Pires advised that it depends
89
on whether the District has a duty and there is an obvious hazard. He recommended posting
90
signs, to protect the District against exposure. Ms. DiNardo suggested posting a sign to prohibit
91
anyone from entering a certain area. Mr. Adams suggested deferring this discussion until the
92
next meeting when the insurance agent will be in attendance. Mr. Pires agreed.
93
Mr. Miller asked Mr. Charbonneau to provide his version of the events.
94
Charbonneau believed that the vandalism occurred late Saturday into Sunday and the storm was
95
used as a cover. Mr. Charbonneau noted that the trees were sawed through just enough, by a
96
hand saw, giving the appearance that the damage was caused by wind. The remaining tree was
97
much larger in circumference and had three faint saw marks through the base. Mr. Miller asked
98
if there is a written report. Mr. Charbonneau indicated that there was an internal report, which
99
was provided to Ms. Crismond and Mr. Adams; the report filed with the Sheriff’s Department is
100
available within five business days.
101
investigate. Mr. Adams advised that the vandalism is documented.
Mr.
Mr. Miller asked if the Sheriff’s Department will
3
January 27, 2016
102
Mr. Klug asked if a camera system should be installed, to monitor the area, prior to
103
replacing the trees. Mr. Miller suggested talking to the insurance agent, first, to see if vandalism
104
coverage is available. Mr. Klug believed that the vandalism was an act of motivation and not
105
random and that the individual has an objection to the visual obstruction of the trees to the
106
fountain. Mr. Klug recalled that, several months ago, it was decided that the trees should remain.
107
Ms. Crismond received several emails from Veneta residents complaining about the
108
bougainvillea trees and requesting that the trees be cut down or trimmed back. Mr. Klug
109
anticipated a reoccurrence if a monitoring device is not installed.
110
Mr. Miller was in favor of considering security cameras that could be viewed by the
111
rover. Mr. Albeit is working with TEM Systems, Inc., (TEM), and suggested offering a reward
112
for information leading to the apprehension of the criminal. Mr. Miller disagreed. Mr. Albeit
113
noted that a person can provide information anonymously. In response to Mr. Miller’s question,
114
Mr. Albeit stated that the vandalism occurred last week; he just started talking to TEM about a
115
power source, which is off of the fountain.
116
necessary. Mr. Albeit is working with TEM on hard wire cameras. Ms. DiNardo asked if the
117
cameras will be installed this year or next year. Mr. Albeit indicated that, once the logistics are
118
finalized, he will present a proposal from TEM. A suggestion was made to purchase a game
119
camera, which is inexpensive and works by motion sensor. Mr. Albeit will research it.
Mr. Klug pointed out that fiber optics were
120
Ms. DiNardo felt that it was counterproductive to install additional plantings, if there was
121
a security issue. The priority should be security cameras, which will resolve the issues with
122
people going near the fountains.
123
124
125
126
127
THIRD ORDER OF BUSINESS
Special Counsel Update:
Activities
Litigation
Ms. Robinson had nothing to report, as court was not in session.
128
Mr. Miller was disappointed, as he expected a ruling by this meeting. Ms. Robinson
129
expected to receive the ruling, as, in an unrelated matter with Judge Shenko, the judge
130
acknowledged his plan to dedicate his holiday to work on the ruling; however, the judge’s
131
schedule and the holidays, caused a delay.
132
Mr. Miller voiced his opinion that it should not take long to sign proposed orders, despite
133
how busy the judge is. Ms. Robinson explained that the intention was to use the written orders
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January 27, 2016
134
he requested, in Word format, via email, to complete the order; however, U.S. Bank’s order was
135
30 pages. Mr. Miller surmised that the judge was anticipating an appeal. Ms. Robinson agreed,
136
as she recalled the judge stating, several times, during the hearing, that an appeal was likely.
137
In response to Ms. DiNardo’s question, Ms. Robinson indicated that the judge has had the
138
orders since mid-November and there is no time limit in state court. Mr. Pires suspected that a
139
case that he is involved in, which was assigned to Judge Shenko, may be taking a great deal of
140
Judge Shenko’s time, as many summary judgments were requested, in advance of a February
141
trial date. Mr. Pires felt that Judge Shenko was conscientious and his approach to ensuring a
142
good record and order for appeal are due to issues in Collier County, in the past two years. Mr.
143
Miller believed that decisions from prior judges played a part. Mr. Pires agreed.
144
Mr. Miller hoped that Judge Shenko was compiling a record, so that, if the ruling was in
145
the CDD’s favor, it would be difficult to overturn, on appeal. Ms. Robinson concurred and noted
146
no concerns about the delay, other than the holidays. Mr. Miller pointed out that the District is at
147
a standstill, as discovery issues are shaped by determination; therefore, it is futile to schedule
148
depositions or submit additional interrogatories. Ms. Robinson agreed.
149
***Ms. Robinson left the meeting.***
150
151
152
153
Developer’s Report/Update
FOURTH ORDER OF BUSINESS
There being no report, the next item followed.
154
Engineer’s Report
155
156
157
FIFTH ORDER OF BUSINESS
158
The wall panels are being installed and landscaping will be installed, at the end of February.
Mr. Cole reported that work commenced on the US 41 wall, by the construction entrance.
159
Mr. Miller recalled that, last year, an Aviamar resident complained about noise and
160
requested sound barriers; however, a representative from the Florida Department of
161
Transportation (FDOT) indicated that sound barriers would not be installed. Mr. Cole pointed
162
out that these are landscape walls, not sound walls. Mr. Adams noted that landscape buffer walls
163
are smaller than typical sound walls. Mr. Cole advised that the landscape wall will start at the
164
end of the sound wall, behind the mobile home park. In response to Mr. Robertson’s question,
165
Mr. Cole stated that the linear footage of the landscape buffer wall is 800’.
5
166
January 27, 2016
In response to Mr. Miller’s question, Mr. Cole indicated that the sound impacts from the
167
landscape buffer wall would be minimal.
Ms. DiNardo had the same recollection. Mr. Cole
168
explained out that the walls help attenuate the sound for a home within 200’ of the right-of-way
169
(ROW).
170
Mr. Cole reported that Waste Management hydraulic fluid spills occurred in Menaggio.
171
He started receiving emails about it on Sunday. Mr. Klug asked if there was a dribble or single
172
dump of fluid. Mr. Cole stated that, when Waste Management stopped to pick up a canister, a
173
blob of hydraulic fluid spilled onto the pavement, similar to what occurred on Cherry Oaks Trail,
174
although not as bad. Mr. Klug asked if the spill occurred on both sides of the street. Mr. Cole
175
replied affirmatively.
176
177
Mr. Tony Spinelli, President of the Menaggio HOA, indicated that not all of the spill
areas were cleaned.
178
Mr. Cole reported that staff was on site on Monday, took pictures and emailed them to
179
Mr. Dan Rodriguez, Collier County Solid and Hazardous Waste Management Division Director.
180
Yesterday, Mr. Rodriguez replied: “Thank you for reporting this to me. I will call Larry Berg of
181
Waste Management to find out what is going on here. I will also have a new truck on your
182
route”. Mr. Cole indicated that Ms. Crismond mentioned that Waste Management has brand
183
new trucks which, supposedly, are leak prone. Mr. Miller asked what Mr. Rodriguez meant by a
184
new truck. Mr. Cole will follow up.
185
Mr. Klug asked if the origin of the spilled liquid related to the mechanics of the truck or
186
the hydraulics, as the spill on Corfu Court was a hydraulic spill. Mr. Cole indicated that it was a
187
hydraulic spill but the spill on Cherry Oaks Trail, occurring several years ago, was oil, not
188
hydraulic fluid. Mr. Cole pointed out that Mr. Berg, of Waste Management, worked with the
189
District on past spills but the county must contact Mr. Berg when Waste Management spills
190
occur. Mr. Cole will follow up with Mr. Rodriguez.
191
Mr. Klug asked if the pavement will be pressure washed or repaved. Mr. Bob Fried, a
192
resident, advised that the spill occurred last Thursday and, on Saturday morning, Waste
193
Management power washed the road, from the pool house to the cul-de-sac but, when the road
194
dried, the spill was still visible.
195
Ms. DiNardo asked if Mr. Cole had difficulties working with Waste Management. Mr.
196
Cole recalled that, when the major spill occurred, in Aviamar and on Cherry Oaks Trail, he and
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January 27, 2016
197
Mr. Pires met with Waste Management, several times; however, that was a larger repair. The
198
issue was eventually resolved but it required a lot of effort. Mr. Miller recalled that the county’s
199
intervention was helpful.
200
Mr. Pires indicated that, under the Franchise Agreement between Collier County and
201
Waste Management, the county has discretion to ensure that the results are appropriate and
202
effective. Mr. Rodriguez evaluated the road and advised Waste Management that the action
203
taken by Waste Management was not sufficient and milling and repaving were necessary.
204
Mr. Miller asked what other areas were involved. Mr. Spinelli indicated that the cul-de-
205
sac area was affected. Mr. Cole advised that the spill is more visible when the pavement is dry.
206
Mr. Cole will follow up with Mr. Rodriguez and conduct another inspection to determine the
207
results of the cleaning.
208
209
Mr. Klug agreed with Mr. Fried that pressure washing the roads was ineffective. Mr.
Miller anticipated having to mill the road.
210
In response to Mr. Miller’s question, Mr. Cole confirmed that he assessed the cul-de-sac
211
and noticed distinct stains that were larger than basic dribbles. There was a trail, leading from
212
one canister to the next.
213
Ms. DiNardo believed that Waste Management acknowledged the issue, as they sent
214
someone out, immediately, and were responsible for resolving the issue. Mr. Cole pointed out
215
that Cherry Oaks Trail was re-paved in two to three months. Mr. Klug noted that Waste
216
Management was quick to resolve the spill on Corfu Court. Ms. Benedetti reported the spill on
217
Cherry Oaks Trail to Waste Management, at the end of November and, by the beginning of
218
January, Waste Management re-paved the roads, as pressure washing was ineffective. It required
219
Mr. Rodriguez’s involvement to get Waste Management to repave the roads. Mr. Cole noted that
220
700’ feet of roadway was repaved. Mr. Benedetti felt that Waste Management was aware of the
221
problems.
222
223
In response to a question, Mr. Cole indicated that roads can be sealed; however, the roads
must be re-sealed every few years.
224
Mr. Fried suggested that Mr. Cole evaluate Campanile Circle, in Menaggio, to determine
225
if Waste Management cleaned the spill areas. Mr. Fried confirmed that the cul-de-sac was dry,
226
yesterday. Mr. Cole indicated that a meeting will be planned, shortly.
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January 27, 2016
227
Mr. Cole presented Draw #126, for approximately $25,000, for the Series 2005 A/B
228
bonds; $9,000 was for sidewalk and handicap ramps in Phase 5, Unit 2, $1,500 was for the east
229
entry gate by the old Duda Farms entrance, for construction traffic, and soft costs of $10,500, for
230
work performed by Q. Grady Minor & Associates, P.A. (Grady Minor) to coordinate the
231
preliminary acceptance of the Phase 5, Unit 2 subdivision improvements, which they received,
232
yesterday.
233
necessary for final approval.
The sidewalk improvements that Grady Minor completed were the last item
234
Regarding the Series 2005 bond, Mr. Cole provided a revised cost estimate to complete
235
the remaining work. There is approximately $1 million remaining in the construction budget.
236
He noted that Item 3, the asphalt striping and curb repair amount, was reduced to $500,000, due
237
to completion of the Aviamar Phase 5, Unit 2 work and the total cost of Item 5, the 951 and
238
Championship Parkway traffic signal, was changed to $232,000, based on the final traffic light
239
expenses. In response to Mr. Miller’s question, Mr. Cole indicated that he will receive the final
240
amount after the contractor receives final payment, upon completion of several punch list items
241
and final inspection by Collier County. The contractor completed the punch list items and is
242
waiting for a response from the county. Mr. Cole anticipated final completion in the next two
243
months. Mr. Miller pointed out that CDD #1 has the money and CDD #2 will not pay CDD #1
244
until this matter is resolved.
245
Mr. Miller asked what projects were planned for the $200,000. Mr. Cole indicated that
246
an existing construction entrance, just south of the construction gate, will be closed when the
247
majority of the Aviamar construction is completed. In response to Mr. Miller’s question, Mr.
248
Cole advised that a portion of the $200,000 is for gatehouse upgrades for the future permanent
249
gatehouse. Mr. Miller asked if this is the gatehouse that is part of the litigation to recover
250
$650,000 from US bank. Mr. Cole replied affirmatively. Ms. DiNardo questioned the total cost,
251
once completed. Mr. Cole estimated $300,000 to $500,000 but some of the money is security
252
and technology related. In response to Ms. DiNardo’s question, Mr. Miller noted that the
253
projected gatehouse completion is predicated on the status of the litigation.
254
Mr. Miller asked what the 2003 bond covers. Mr. Cole indicated it is for the existing
255
construction entrance, on Fiddler’s Creek Parkway, south of the Veneta fountain. The cost will
256
cover paving removal and landscaping installation.
8
257
January 27, 2016
Mr. Klug asked if the second lift of asphalt and striping is for Campanile Circle. Mr.
258
Cole indicated that it is for the southern portion of Campanile Circle.
Mr. Cole and Ms.
259
Crismond spoke about restriping the entry to the Aviamar fountain and recommended that the
260
Fiddler’s Creek Parkway crosswalk, at the Veneta fountain, should be restriped. Mr. Cole will
261
provide an inventory of the areas needing restriping to Ms. Crismond and obtain estimates. Mr.
262
Cole planned to complete the Campanile Circle repaving and restriping at the same time as the
263
Fiddler’s Creek Parkway crosswalk restriping, in April or May.
264
As requested, at the last meeting, Mr. Cole provided full-size maps of Fiddler’s Creek.
265
Mr. Klug asked if all Campanile curb repairs were completed and the asphalt overlay and
266
267
268
striping are pending. Mr. Cole replied affirmatively.
Mr. Cole recalled that the Serena road lease was delayed, due to a paint spill. The paint
was removed.
269
Mr. Spinelli asked when the signs will be removed at the front entrance, on Fiddler’s
270
Creek Parkway, exiting the community. Mr. Cole indicated that the signs will be removed after
271
the final inspection, which is expected in the next few weeks.
272
Mr. Robertson recalled that, two years ago, CDD #1 installed a streetlight, in the median
273
at the end of Fiddler’s Creek Parkway, and asked if a similar streetlight can be installed, on
274
Sandpiper Drive, between the new gatehouse and US 41, as it is very dark at night. Mr. Cole
275
will investigate. Mr. Miller agreed, due to the future development of Oyster Harbor, and asked if
276
commencing the process to install a traffic light on US 41 was reasonable. Mr. Adams pointed
277
out that a warrant study would need to be conducted, which is relatively inexpensive. Ms.
278
DiNardo felt that this was premature.
279
280
Mr. Adams recommended, when the decision is made to conduct the warrant study, in the
middle of the season.
281
Mr. Spinelli asked if the trees can be cut back at the back exit, on Sandpiper Drive,
282
entering onto US 41, as there is a visibility issue. Mr. Adams anticipated that the road ROW will
283
be raised with the completion of the entrance onto US 41. Mr. Cole will view the area.
284
285
286
287
SIXTH ORDER OF BUSINESS
Approval
of
Unaudited
Financial
Statements as of December 31, 2015
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January 27, 2016
288
Mr. Adams presented the Unaudited Financial Statements as of December 31, 2015. A
289
significant portion of the on-roll assessment revenue collections were received in December,
290
which is typical. 67% was collected; however, a large portion of the on-roll assessments are paid
291
by the developer for platted units and the developer typically waits until the last week of March
292
to pay. Expenses were in line, with the exception of “Legal advertising”, due to publishing
293
requirements for the annexation of the CDD property, which was not anticipated.
294
Mr. Robertson pointed out that, due to receipt of the on-roll assessments, the District has
295
seven-and-a-half months of cash readily available. Mr. Adams noted that the District is in good
296
shape. Mr. Robertson wondered if the line of credit was necessary. Mr. Adams recommended
297
proceeding with the line of credit.
298
Mr. Klug asked why “Interest & miscellaneous” was 475% of the budget. Mr. Adams
299
explained that the Tax Collector and Property Appraiser take the full amount of their
300
percentages, at the beginning of the fiscal year, and perform a reconciliation over all special
301
districts and provide a credit back to the District, at the end of the fiscal year. Mr. Adams
302
surmised that the check arrived earlier than expected and this is considered “found money”.
303
Regarding the line of credit with Iberia Bank, Mr. Adams reported that, according to a
304
representative from Iberia Bank, there is no value in the District moving all of its operating
305
accounts to Iberia Bank. Iberia Bank said no to a reduction of the loan fee, could not guarantee
306
locking in the interest rate and only reduced the attorney’s fees from $9,500 to $7,500.
In response to Mr. Miller’s question, Mr. Adams indicated that a flat fee was proposed, as
307
308
long as there was not a tremendous amount of negotiation.
309
Regarding the interest rate, Iberia Bank refused to provide a commitment on future
310
renewals; future rates will be based on the market rate, which fluctuates. The loan fee is locked
311
in at a quarter of a point, amounting to $1,250, annually. Typically, Iberia Bank charges one half
312
to one full point but felt that a quarter of a point was more than fair, with a $300,000 required
313
balance, identical to what was negotiated for CDD #1. Mr. Adams noted that the representative
314
realized that the District would not be depositing money, as the District receives no revenues
315
until December or January, and, to the extent that the District wanted to draw upon it, in the later
316
part of the fiscal year, between October 1 and the end of December, the District has the ability to
317
do so.
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January 27, 2016
318
Mr. Adams recommended that the District not move their operating accounts to Iberia
319
Bank, since there was no incentive to do so. There is a requirement for a minimal balance in a
320
money market account.
321
The Board directed Mr. Adams to proceed with obtaining the line of credit. Mr. Adams
322
will place this item on the February agenda and include a term sheet and resolution, so the Board
323
can direct Staff to finalize the documents.
324
Mr. Robertson felt that having a lock-in on the rate was wishful thinking. Mr. Miller
325
recalled that, in exchange for moving the operating accounts to Iberia Bank, the Board wanted
326
concessions. Mr. Adams stated that this was not important to Iberia Bank. Mr. Miller believed
327
that the $1,200 commitment fee is standard. Mr. Klug commented that $1,200 is minimal. Mr.
328
Pires indicated that his fees were significantly less than the fees charged by Iberia Bank, as there
329
is less preparation work for CDD #2, versus CDD #1.
330
331
332
333
334
SEVENTH ORDER OF BUSINESS
Highview Roost Road Zoning [excerpted]
(for informational purposes)
335
Registered Agent, Mr. Pires received information regarding a county neighborhood meeting, as
336
the District has property within 500’ of the Highview Roost Road re-zoning area. Mr. Pires
337
viewed documentation on the City’s portal and noted no transportation impacts within the
338
District; the county is using Manatee Road as the primary access point.
339
scheduled for January 28, 2016, at 5:30 p.m., at the South Collier Regional Library.
Mr. Pires advised that this item was on the agenda for informational purposes. As
The meeting is
340
341
342
343
344
345
EIGHTH ORDER OF BUSINESS
A.
Approval of Minutes
November 18, 2015 Regular Meeting
Mr. Adams presented the November 18, 2015 Regular Meeting Minutes and asked for
any additions, deletions or corrections.
346
The following changes were made:
347
Line 66: Change “punitive” to “putative”
348
Lines 75, 78 and 84: Change “$1,025,000” to “$1,250,000”
349
Lines 84 and 85: Change “plus legal fees” to “plus treble damages”
350
Line 206: Change “residents’ yards” to “CDD property”
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January 27, 2016
351
Mr. Klug referred to Lines 253 through 255 and asked if Mr. Albeit’s statement preceded
352
the award of the landscape services contract or was after this discussion. Mr. Adams recalled
353
that Mr. Albeit questioned the shortfall amount and Mr. Adams explained that some of the
354
shortfall would be offset by the contingency. Mr. Adams did not recall Mr. Albeit saying that
355
the shortfall would be $283,896, not $68,896.
356
Mr. Albeit explained that these numbers were in the financial report and, compared to
357
what was budgeted, the difference was $283,896, and the variance was $68,896. Mr. Adams will
358
amend the record to state “Mr. Albeit questioned the shortfall of $283,896.”
359
360
Line 253: Change “believed that the shortfall would be $283,896, not $68,896” to
361
“questioned the shortfall of $283,896”
362
363
Mr. Miller pointed out that Lines 349 through 355 confirmed that Mr. Adams’
explanation to Mr. Albeit, regarding the shortfall, was valid.
364
Line 397: Delete “,as of last night,” and Change “yesterday.” to “last night.”
365
Line 389: Change “contract that was negotiated by the developer to the District, with a
366
contractor” to “contract that was negotiated with a contractor by the developer to the District.”
367
Line 428: Change “definitive” to “definite”
368
Line 439: Change “sold” to “transferred”
369
Line 460: Insert “payments on” before “the 2003A and B bonds”
370
Line 461: Change “balance” to “balances”
371
372
373
374
375
376
377
378
379
On MOTION by Ms. DiNardo and seconded by Mr. Klug, with
all in favor, the November 18, 2015 Regular Meeting Minutes,
as amended, were approved.
B.
December 9, 2015 Regular Meeting
Mr. Adams presented the December 9, 2015 Regular Meeting Minutes and asked for any
additions, deletions or corrections.
380
381
Line 76: Change “the bonds” to “2003 A bonds”
382
Line 88: Insert “funds available to pay” after “interest”
383
Line 95: Insert “Fiddlers CDD Investor, LLC must agree to” before “Waiving”
12
January 27, 2016
384
Line 98: Insert “now” before “is” and “agreed upon” after “balance”
385
Line 99: Change “cover” to “make”
386
Line 100: Insert “to the principal balance” after “agreed” and Change “does not pay” to
387
“does not agree to the principal balance”
Lines 101 and 102: Change “the bonds are no longer in default” to “bonds would no
388
389
longer be in default”
390
Mr. Miller reported that, as of a couple of days ago, ITG had not agreed to the principal
391
balance and Wilmington Trust did not make the payment. Mr. Miller indicated that, since
392
monies were not paid and ITG did not agree to the principal balance, the Interpleader is in effect.
393
394
Line 113: Change “counsel brought this action” to “counsel then brought another
395
Interpleader action”
396
Mr. Miller clarified that the District started the Interpleader process when a letter was
397
received from ITG’s lawyer, instructing the District not to pay the B bonds but to pay the A
398
bonds and then Wilmington Trust’s counsel filed another Interpleader action.
399
400
Lines 117 through 120: Change “property” to “promptly” and “the Board informed
401
Wilmington Trust that the CDD would not pay their legal bills and payment would be remitted
402
from the proceeds of the action,” to “the Board informed Wilmington Trust that its lawyers be
403
paid out of the proceeds of the Interpleader and not by the CDD”
Line 124: Change “settlement” to “proceeds of the Interpleader” and begin a new
404
405
paragraph after “litigation”
406
Line 126: Change “supposed to” to “supposed to”
407
Line 127: Delete “and CDD #2 and ITG were not paying the interest”
408
Line 138: Insert” against U.S. Bank” after “lawsuit”
409
Line 140: Change “this” to “the refunding”
410
Lines 141 and 142: Delete “which the CDD did not agree to” and Insert “which is” before
411
412
413
414
“and”
Lines 152 and 153: Change “is a third-party defendant, on behalf of ITG” to “was
brought in by ITG”
Line 154: Delete “pleadings”
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January 27, 2016
415
Line 215: Change “in Aviamar” to “on Campanile Circle”
416
Line 486: Delete “the interest” and Insert “to additional renewal periods” before “and”
417
418
419
420
421
422
423
424
425
On MOTION by Mr. Klug and seconded by Ms. DiNardo, with
all in favor, the December 9, 2015 Regular Meeting Minutes, as
amended, were approved.
NINTH ORDER OF BUSINESS
Other Business
Mr. Adams reported that, based on statistics from the Department of Safety, in response
426
to the number of warnings versus citations, and observations that there are more speeding and
427
stop signs violations. CDD #1’s Chair directed District Counsel to prepare a letter to the Sheriff,
428
requesting that the Sheriff look into and address inefficiencies in the off-duty patrols. CDD #1
429
did not feel that they were getting “the bang for our buck” because not enough citations were
430
issued.
431
Mr. Miller questioned whether this was endearing the District to the Sheriff. Mr. Adams
432
did not know if the District would get anywhere but it will communicate the District’s frustration
433
in not receiving response that is expected.
434
Mr. Pires reported that CDD #1 Chair Brougham provided statistics of warnings versus
435
citations over the years from 2009, forward, which was 25% in 2009, 12.6% in 2010, 21.7% in
436
2011, 17.6% in 2012, 25.6% in 2013, 12% in 2014 and 6.8% in 2015.
437
In response to Ms. DiNardo’s question, Mr. Pires indicated that Mr. Brougham was
438
concerned about increased volume, increased residents and increased violations. Mr. Brougham
439
wanted the Sheriffs to consider exercising discretion.
440
Mr. Miller felt that the District pointing out inefficiencies in the Sheriff Department’s
441
operation would not endear the District to the Sheriff. Mr. Pires noted that was not the intent of
442
the Board, as CDD #1 invited Lieutenant Mullholland and Collier County Sheriff Kevin
443
Rambosk to discuss this issue.
444
Ms. DiNardo asked if there is a possibility that people are obeying the law and it was not
445
necessary to write the letter. Mr. Adams indicated that the biggest concern was the statistics and
446
the percentage of traffic stops, versus warnings, versus citations. The percentages of citations to
447
warnings was skewed in the past two years; 6.8% in 2015 to .04% in 2016. Ms. DiNardo
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January 27, 2016
448
understood but questioned if this was necessary, as the belief is that the Sheriffs are not
449
aggressive, as in the past. Mr. Adams stressed that the statistics for citations to warnings show a
450
significant decrease over a three-year period.
451
Mr. Pires pointed out that the purpose of the letter was to recognize that the Sheriffs have
452
discretion, which the Board appreciates, and is requesting suggestions from the Sheriff. Mr.
453
Miller agreed, if the letter is phrased in a more pleasant way. Mr. Pires acknowledged that the
454
letter is not confrontational and addresses the concerns.
455
Regarding Ms. DiNardo’s comments, Mr. Miller noticed an enormous number of cars
456
speeding in Chiasso at night, since the houses are now occupied. Ms. DiNardo asked if there are
457
patrols at night. Mr. Adams indicated that there are random patrols in four-hour shifts. In
458
response to Ms. DiNardo’s question, Mr. Miller advised that the speeding occurs between 7:30
459
p.m. and 8:00 p.m.
460
Mr. Fried asked if a citation is a ticket. Mr. Miller replied affirmatively. Mr. Fried asked
461
if the Sheriffs are harsh. Mr. Miller stated that the Sheriffs are too lenient. Mr. Adams clarified
462
that there are too many warnings and not enough citations. Mr. Fried agreed. Ms. Crismond
463
pointed out that the Sheriffs do not like to give citations.
464
According to Mr. Brougham, Mr. Pires explained that the number of stops in 2009 was
465
226 in 2009, 237 in 2010, 207 in 2011, 244 in 2012, 367 in 2013, 375 in 2014 and 264 in 2015.
466
Mr. Miller pointed out that the population increased.
467
In response to Ms. DiNardo’s question, Mr. Adams indicated that the statistics are overall
468
and random, although, when Ms. Crismond receives feedback from the community and the
469
Board that there are hot spots, she will communicate the information to the off-duty coordinator.
470
Mr. Adams agreed that there are concerns but the location and method of enforcement are at the
471
Sheriff’s discretion.
472
Mr. Miller acknowledged that the community is becoming more populous and it is
473
expanding and there must be enforcement for more than four hours, as some Sheriffs will sit and
474
wait for people who run stop signs. Mr. Miller observed more violations at night.
475
Ms. Crismond recalled that at the CDD #1 meeting, this morning, major concerns were
476
addressed about early morning traffic off of Sandpiper Drive onto Fiddler’s Creek Parkway and
477
construction traffic from 3:00 p.m., to 5:00 p.m. Mr. Klug disagreed, as he felt the issue was
478
residents thinking that stop signs are optional. Ms. Crismond noted that the largest number of
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January 27, 2016
479
violations are for stop sign violations. Mr. Miller wondered how people can miss the stop signs
480
when there are warning signs indicating that there are stop signs ahead. Mr. Robertson pointed
481
out that this issue has been discussed for over ten years and felt that letters to the Sheriff will
482
“irritate them”.
483
Mr. Adams reported that the CDD #1 Board approved sending the letter first; then, an
484
invitation will be extended to Sheriff Rambosk and Lieutenant Mullholland to speak to the
485
Board. The CDD #1 Board also approved off-duty Sheriffs providing daily patrols, for a two-
486
week period in February, pending availability. The Board felt that providing a presence will
487
curb the behavior in the other direction.
488
Mr. Klug surmised that the desired end result is to issue more tickets and, hopefully,
489
word will spread and everyone will slow down. Mr. Adams noted that there are secondary
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benefits, such as peer pressure and the embarrassment of being pulled over in your own
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community. Mr. Adams requested that the Board approve this request by the CDD #1 Board, for
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a two-week period.
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Ms. DiNardo requested rephrasing the letter to Sheriff Rambosk, as it gives the
impression that the Board is monitoring the Sheriff.
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Mr. Adams suggested that the CDD #2 Board stand back on this one and let CDD #1
send the letter and see where it leads. The Board agreed.
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Mr. Adams will invite Sheriff Rambosk and Lieutenant Mullholland to the next Board
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meeting. CDD #2’s meeting will be advertised 30 minutes earlier; in the last 30 minutes, CDD
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#1 will commence the joint discussion. Mr. Adams noted that there could be a timing issue with
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advertising requirements depending on response time from the Sheriff’s office.
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Mr. Miller asked how much the off-duty officers are paid. Mr. Adams estimated $45 per
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hour, for a four-hour minimum. Mr. Adams indicated that Ms. Crismond was directed by the
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CDD #1 Board to contact the Florida Highway Patrol (FHP).
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TENTH ORDER OF BUSINESS
A.
Staff Reports
District Counsel
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Mr. Miller asked about the status of the Naples Lending subpoena. Mr. Pires spoke to
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opposing counsel regarding an affidavit, which they are signing. In response to Mr. Miller’s
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question, Mr. Pires indicated that the response was favorable.
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January 27, 2016
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Mr. Pires reported that Requisition #1 for the Oyster Harbor bond issue was processed.
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He received Requisition #2, yesterday, and performed a preliminary review. Mr. Pires will
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respond whether additional documents are needed or provide his approval, no later than Friday.
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He will work with Ms. Valarie Lord.
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Regarding the boundary change, Mr. Pires reported that Ms. Lord coordinated a
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conference call with all professionals, last week, and an email was sent to county staff requesting
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a pre-application meeting.
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Mr. Pires spent yesterday preparing for and attending the summary judgment hearing.
B.
District Manager
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i.
NEXT MEETING DATE: February 24, 2016 at 10:00 A.M.
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Mr. Adams indicated that the next meeting is scheduled for February, 2016 at 10:00 a.m.,
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at this location.
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C.
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Operations Manager (to be provided under separate cover)
Ms. Crismond reported that several Ficus trees abutting the pump houses must be cut
down and removed. The cost will be shared with CDD #1 because it impacts the pump stations.
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Ms. DiNardo asked if the removal is imperative. Ms. Crismond replied affirmatively, as
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the Ficus trees will cause damage to the foundation and the piping underneath the pump houses.
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In response to Ms. DiNardo’s question, Ms. Crismond indicated that the plant material is not
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known, at this time, as the priority is cutting down the trees; however, CDD #2 will be
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responsible for replacement.
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Mr. Miller asked how close the trees are to becoming a calamity. Ms. Crismond replied
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close enough, as Staff is already removing roots. Root barriers are not effective, due to the
533
downward growth. Staff will stump grind and chemically treat the roots to prevent re-growth.
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In response to Ms. DiNardo’s question, Ms. Crismond indicated that nine Ficus trees are
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planted around two pump stations. Ms. DiNardo voiced concern that the area will be bare. Ms.
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Crismond recommended cutting the trees down first and will provide a proposal for
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replacements, at a later time. Ms. DiNardo commented that the cost for cutting is known but not
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the replacement cost and the Board should have the “full picture” versus “half a picture”. Ms.
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Crismond stressed that the Ficus trees must be cut out, regardless, as the roots will cause serious
540
damage.
17
January 27, 2016
541
Mr. Klug asked about the large disparity between Davey Tree and the other bidders. Ms.
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Crismond indicated that Davey Tree is the District’s contractor and LandCare and GulfScapes
543
would probably hire a subcontractor to perform the work.
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Mr. Adams noted no impacts with the removal of the trees because, when the pump
house was originally developed, a Ficus buffer was placed around it, which has matured.
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Ms. DiNardo reiterated her request for information on the replacement cost. Mr. Adams
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suggested first viewing impact of the removed trees, as he felt that no plantings would be
548
necessary.
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Mr. Miller asked if this request must go through the Landscape Committee. Mr. Adams
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replied no, because the trees are not within the corridors; they are offsite. In response to Mr.
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Miller’s request, Mr. Adams will advise the Landscape Committee. Mr. Miller asked Mr.
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Adams to speak with Ms. Benedetti.
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Mr. Klug pointed out that GulfScapes has the contract for the Aviamar section and asked
554
Ms. Crismond if she spoke with GulfScapes about maintaining the entrance into Oyster Harbor
555
and all the way down Sandpiper Drive, as the landscaping is pristine and he does not want the
556
Oyster Harbor entrance to look like the Fiddler’s Creek Parkway entrance. Ms. Crismond
557
replied affirmatively.
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559
In response to a question, Ms. Crismond indicated that LandCare is replacing the dead
palm tree.
560
Mr. Klug asked if the Board must take action on the Ficus trees. Mr. Robertson indicated
561
that Staff must speak to the Landscape Committee, first. Mr. Adams reported that a motion is
562
not required, as this is an informational item. Mr. Miller stated that, of the three proposals,
563
Davey Tree should be awarded the contract.
564
Mr. Klug disagreed with Ms. Benedetti’s observation that the bougainvilleas are in bad
565
shape. He felt that her assessment was premature. Ms. Crismond noted that bougainvilleas are
566
beautiful when they are in bloom. Mr. Klug did not want to cut down the bougainvilleas. Ms.
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DiNardo stated that, if a few die, the bougainvilleas can be replenished. Mr. Adams reported that
568
several beds need to be replaced. Ms. DiNardo did not want to remove all of the bougainvilleas
569
and start all over.
570
571
Mr. Pires clarified that the Naples Lending affidavit was discussed with Mr. Frank Harris,
an attorney, and he will provide an opinion.
18
572
573
574
January 27, 2016
Supervisors’ Requests
ELEVENTH ORDER OF BUSINESS
There being no Supervisors’ requests, the next item followed.
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576
577
578
TWELFTH ORDER OF BUSINESS
Adjournment
There being no further business to discuss, the meeting adjourned.
579
580
581
582
583
584
585
On MOTION by Ms. Klug and seconded by Mr. Miller, with
all in favor, the meeting adjourned at approximately 11:57
a.m.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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19
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January 27, 2016
_________________________
Secretary/Assistant Secretary
____________________________
Chair/Vice Chair
20
TO:
Fiddlers Creek CDD #2 Board of Supervisors
FROM:
Cleo Crismond – Assistant Regional Manager
DATE:
February 24, 2016
SUBJECT:
Monthly Status Report – Field Operations
Lake Maintenance: Lake tour has been scheduled for Friday, February 19th.
Landscape: Management continues to meet with Landcare & GulfScapes on a monthly basis.
Our next tour will be completed on Friday, February 19th.
Note: Management is currently awaiting additional proposals to replace the Bougainville trees
removed from the Veneta entry. As discussed, this project is on hold until security cameras have
been installed.
Foundation Correspondence: See attached memo received surrounding on on-site review
made by Cathy Feser. Staff will be reviewing the items pertaining to the District and will be
addressing accordingly.
.Street Signage Repairs: Note the following out for repairs:
Replacement Inserts: Directional sign insert replacements were identified (Museo Circle and
Tesoro Lane); currently awaiting confirmation of project completion. Cost to the District $1365.00.
Street Light Repairs: Note the following out for repairs:
Street light knocked down located on Aviamar lot 68. This light post has been removed from the
property and will not be replaced until construction has been completed in that area.
Patrol Services: As approved at last month’s meeting; The Sheriff’s Department has been onsite daily February 1st thru the 14th (4 hour blocks). Currently back to the regular schedule of 2
x’s per week through the Easter holiday.
Note: Concerns surrounding the am (7 to 9) and pm (3 to 5) as well as speeding on Campinelle
Circle was provided.
Fees: Collier Sheriff’s Department - $42.50 per hour with a 3 hour minimum shift.
Florida Highway Patrol (FHP) - $45.00 per hour with a 3 hour minimum + $45.00 travel
fee + $3.00 per hour administrator fee.
For both departments, it is the officer’s discretion on issuing warnings/citations.
Note: In 2007 the District’s hired FHP to work within Fiddlers Creek however, after three
months, and no presence, the District went back to working with the Sheriff’s Department.
February Stats: As of February 16th; Total Stops: 88, (14) Details, (77) Warnings and (11)
Citations issued. (39) Issued to Residents, (9) issued to Guest, (19) issued to Vendors.



STOP sign: 61
Speeding:
19
Other:
08
www.whhassociates.com
2300 Glades Road, Suite 410W Boca Raton, FL 33431
Toll-Free: 877-276-0889 Office: 561-571-0010 Fax: 561-571-0013
www.whhassociates.com
Craig A. Wrathell | President & Partner
Pfilip G. Hunt, Jr. | Vice President & Partner

Packet - Fiddler`s Creek CDD #2

Transcription

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