Concorde Estates Community Development District

Transcription

1 Concorde Estates Community Development District Board of Supervisors Special Meeting August 22, 2018 District Office: 8529 South Park Circle, Suite 330 Orlando, Florida

2 CONCORDE ESTATES COMMUNITY DEVELOPMENT DISTRICT AGENDA AUGUST at 6:00 p.m. Concorde Estates Clubhouse 3151 Georgian Bay Lane Kissimmee, FL District Board of Supervisors Sailyn Alli Edwin Diaz Basam Alli Martha Mendez-Land Cesar Goyetche Board Supervisor, Chairperson Board Supervisor, Vice Chairman Board Supervisor, Assistant Secretary Board Supervisor, Assistant Secretary Board Supervisor, Assistant Secretary District Manager Anthony Jeancola Rizzetta & Company, Inc. District Counsel Gregg Johnson Garganese, Weiss & D Agresta District Engineer Steven N. Boyd, P.E. Boyd Civil Engineering All Cellular phones and pagers must be turned off during the meeting. The District Agenda is comprised of five different sections: The meeting will begin promptly at 6:00 p.m. with the first section which is called Audience Comments. The Audience Comment portion of the agenda is where individuals may comment on matters that concern the District. Each individual is limited to three (3) minutes for such comment. The Board of Supervisors or Staff is not obligated to provide a response until sufficient time for research or action is warranted. IF THE COMMENT CONCERNS A MAINTENANCE RELATED ITEM, THE ITEM WILL NEED TO BE ADDRESSED BY THE DISTRICT MANAGER OUTSIDE THE CONTEXT OF THIS MEETING. The second section is called Staff Reports. This section allows the District Manager, Engineer, and Attorney to update the Board of Supervisors on any pending issues that are being researched for Board action. The third section is called Business Administration. The Business Administration section contains items that require the review and approval of the District Board of Supervisors as a normal course of business. The fourth section is called Business Items. The business items section contains items for approval by the District Board of Supervisors that may require discussion, motion and votes on an item-by-item basis. Occasionally, certain items for decision within this section are required by Florida Statute to be held as a Public Hearing. During the Public Hearing portion of the agenda item, each member of the public will be permitted to provide one comment on the issue, prior to the Board of Supervisors discussion, motion and vote. Agendas can be reviewed by contacting the Manager s office at (407) at least seven days in advance of the scheduled meeting. Requests to place items on the agenda must be submitted in writing with an explanation to the District Manager at least fourteen (14) days prior to the date of the meeting. The final section is called Supervisor Requests. This is the section in which the Supervisors may request Staff to prepare certain items in an effort to meet residential needs. Public workshops sessions may be advertised and held in an effort to provide informational services. These sessions allow staff or consultants to discuss a policy or business matter in a more informal manner and allow for lengthy presentations prior to scheduling the item for approval. Typically no motions or votes are made during these sessions. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting is asked to advise the District Office at (407) , at least 48 hours before the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 7-1-1, who can aid you in contacting the District Office. Any person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that this same person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based.

3 CONCORDE ESTATES COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE 8529 SOUTH PARK CIRCLE SUITE 330 ORLANDO, FL August 15, 2018 Board of Supervisors Concorde Estates Community Development District Dear Board Members: AGENDA The regular meeting of the Board of Supervisors of the Concorde Estates Community Development District will be held on Wednesday, August 22, 2018 at 6:00 p.m. at the Concorde Estates Clubhouse, located at 3151 Georgian Bay Lane, Kissimmee, Florida The following is the agenda for this meeting: BOARD OF SUPERVISORS MEETING: 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AUDIENCE COMMENTS ON AGENDA ITEMS 4. STAFF REPORTS A. District Counsel B. 1. Discussion Regarding Response from Avex RE: Construction Debris B. District Engineer C. District Manager D. Clubhouse Manager 1. Amenity Management Report, August Tab 1 5. BUSINESS ADMINISTRATION A. Consideration of the Minutes of the Board of Supervisors Continued Meeting Held on July 11, Tab 2 B. Consideration of the Minutes of the Board of Supervisors Regular Meeting Held on July 25, 2018 (under separate cover) C. Consideration of the Minutes of the Board of Supervisors Special Meeting Held on August 6, 2018 (under separate cover) D. Consideration of Operation & Maintenance Expenditures July Tab 3 6. BUSINESS ITEMS A. Consideration of Proposal(s) in response to Landscape Maintenance & Irrigation Maintenance Services RFP 1. Down to Earth Landscape Irrigation & Golf.Tab 4 2. Duval Landscape Management....Tab 5 3. Infinity Landscape Solutions..Tab 6 4. Sitex Landscape.....Tab 7 B. Execution of InfraMark Contract for District & Facilities Services (under separate cover) C. Public Hearing on Fiscal Year 2018/2019 Final Budget 1. Consideration of Resolution , Adopting Fiscal Year 2018/2019 Final Budget..Tab 8 2. Consideration of Resolution , Imposing Special Assessments and Certifying an Assessment Roll..Tab 9 D. Consideration of Resolution , Setting Maximum Monthly Compensation for Supervisor Physical/Telephonic Meeting Attendance Tab SUPERVISOR REQUESTS AND AUDIENCE COMMENTS 8. ADJOURNMENT I look forward to seeing you at the meeting. In the meantime, if you have any questions, please do not hesitate to call me at (407) Very truly yours, Anthony Jeancola Anthony Jeancola, District Manager cc: Gregg Johnson, Garganese, Weiss & D Agresta Steve Boyd, Boyd Civil Engineering

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5 Amenity Management Report July 14-August 14 Prepared by Rizzetta Amenity Services, Inc. Interim Clubhouse Manager: Shannon Naskeos Clubhouse Address: 3151 Georgian Bay Lane Kissimmee, Florida Clubhouse Phone: (407) Maintenance and Improvements: Monitored amenity center and surrounding areas. Handled day to day operations at amenity center. Cleaned and maintained amenity center and surrounding areas. Arranged pool furniture everyday. Property drive through from 1pm-2pm daily includes; eye inspections of all common areas and trash pick-up.(7/21, 7/28, 8/4, 8/11 cancelled due to weather 7/24, 7/26 cut short due to weather). Followed-up with Access Control Technologies regarding condensation blurring out the feed from Camera #4 again. Access Control Technologies replaced camera #4 on 8/13. Camera in wrong positionadjustment requested. Contacted Exercise Systems regarding elliptical that is out of alignment and scrapping. Followed-up on 8/10. Followed-up with Admiral Furniture regarding sling replacements-two proposals sent to DM. Contacted District Manager regarding road repair by Amenity Center and damage to repair. Submitted supplys order to GEM supply. Worked with PSI and Anthony regarding security issues. Reported illegal dumping and landscape issues (mowers causing rutting, leaning tree) to Brightview. Followed-up with Brightview regarding ongoing maintenance issues. Confirmed needed repairs to pool ladders and showers. Club Room and Fitness fire extinguishers certified by Fire Tech on 7/26. Contacted Poolworks about splash pad not working/draining on 8/1. Repaired on 8/4. Reported damaged trashcan to DM-Currently working on proposals for replacement. Contacted 3 electric companies regarding flag lights at entrance-currently awaiting proposals. Resident Relations: Issued 6 new access card sets and 1 replacement card Booked 3 rental room parties.

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7 CONCORDE ESTATES COMMUNITY DEVELOPMENT DISTRICT July 11, 2018 Minutes of Meeting Page MINUTES OF MEETING Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. CONCORDE ESTATES COMMUNITY DEVELOPMENT DISTRICT The continued meeting of the Board of Supervisors of Concorde Estates Community Development District was held on Wednesday, July 11, 2018 at 6:00 p.m., at the Concorde Estates Clubhouse, located at 3151 Georgian Bay Lane, Kissimmee, Florida Present and constituting a quorum: Sailyn Alli Board Supervisor, Chairperson Edwin Diaz Board Supervisor, Vice Chairperson Basam Alli Board Supervisor, Assistant Secretary Cesar Goyetche Board Supervisor, Assistant Secretary Martha Mendez - Land Board Supervisor, Assistant Secretary Also present were: Anthony Jeancola District Manager, Rizzetta & Company, Inc. Gregg Johnson District Counsel, Garganese, Weiss, D Agresta & Salzman, P.A. (via phone) Audience Members Present FIRST ORDER OF BUSINESS Pledge of Allegiance Mr. Jeancola asked everyone to stand and recite the pledge of allegiance. SECOND ORDER OF BUSINESS Call to Order Mr. Jeancola called the meeting to order and read the roll. THIRD ORDER OF BUSINESS Audience Comments on the Agenda Items Mr. Land informed the Board of a sinkhole in the community. Ms. Land asked Mr. Johnson who they should contact. Mr. Johnson suggested that they reach out to department of public works Mr. Land commented that there has been a breach of contract on Rizzetta s part. He is asking the Board to discuss taking legal action against Rizzetta for pulling out of the contract without proper cause. Ms. Land asked Mr. Johnson about Rizzetta s decision to only provide part time services and terminating services prior to the end of the contract. She stated that the contract gives 4 reasons for terminating the contract early. She asked Mr. Johnson for those reasons. Mr. Johnson responded that he would have to look at it in detail but that generally includes terminating for cause but that either party can terminate with or without cause upon a 60-day notice. Ms. Land stated that the contract listed 4 reasons in which a contact could be terinated. Mr. Johnson replied that a contract could be terminated

8 CONCORDE ESTATES COMMUNITY DEVELOPMENT DISTRICT July 11, 2018 Minutes of Meeting Page for misfeasance, malfeasance, and nonfeasance. There was a brief discussion regarding dereliction of duty. Mr. Alli asked if Rizzetta s way of handling the situation was a breach of contract. Mr. Johnson replied that he could not answer that question as either side can terminate a contract with or without cause upon a 60-day notice. In order to have a breach of contract, there has to be a breach, duty, breach of that duty, as well as damages. Ms. Land believes that the District s damages are that they are in a rush to hire another management company and paying more as there is an urgent need. She stated that the actual reason for termination wound up being thrown out in court and that there wasn t an investigation. Discussion ensued. Ms. Alli sees a potential breach of contract as there isn t anyone filling the position and maintaining the community. She also stated that the sinkhole needs to be addressed. Ms. Land asked Mr. Johnson for copies of the RASI contract to be sent to the Board. The Board requested someone on site 5 days a week (10:00 am to 7:00 pm) with a 1-hour lunch. Mr. Land asked the Board do their job by holding Rizzetta accountable. He expressed his dismay with District Counsel as well. Ms. Alli asked Mr. Johnson if lunch was included in the 40 hours. Mr. Johnson responded that the contract does not specify that and just states full time personnel at 40 hours per week. The Board requested RASI to have someone on site 5 days a week. A question was raised as to whether there was a pending investigation. It was confirmed that there is not. FOURTH ORDER OF BUSINESS Presentation of RFP Documents Mr. Jeancola reviewed the District Management RFP with the Board. There was general discussion regarding advertising. Ms. Land asked Mr. Johnson if the advertisement could be posted to a website such as Indeed. Mr. Johnson stated that there isn t a requirement as to how or where the RFP is advertised. He prefers to run it at least once in a paper of general circulation. He has also compiled a list of about 6 potential management companies who he will send the RFP to. This will be in addition to the advertisement being placed. Discussion ensued. The Board agreed that bids would be due to Mr. Johnson no later than 3:00 pm on July 27 th, Mr. Johnson indicated that potential Amenities and Facilities management companies may want to be given a tour of the site prior to submitting their proposals. Ms. Land stated that she is available to give a tour. She will check her schedule and propose a few dates after July 19 th. The Board agreed to strike the last sentence of the 1 st paragraph in the RFP. The Board agreed to on holding a special meeting on August 8 th, 2018 at 6:00 pm in order to review and award the contract. Discussion ensued. Ms. Alli asked Mr. Johnson if the District s operating budget has to be included. Mr. Johnson stated that it doesn t have to be but that it gives potential management companies an idea of the size and what they could potentially be dealing with. Discussion ensued.

9 CONCORDE ESTATES COMMUNITY DEVELOPMENT DISTRICT July 11, 2018 Minutes of Meeting Page Mr. Diaz asked when the new management company would start. Mr. Johnson stated that if the contract is awarded on August 8 th, the contract would have to be signed and ratified at the next scheduled meeting. Their start day would be September 1 st, Mr. Anthony addressed Mr. Diaz s concerns regarding the transition of records. Mr. Jeancola stated that Rizzetta will work with the new management company prior to September 1 st, Ms. Land asked if there was a period of time that Rizzetta has to turn records over to the new management company by law. Mr. Johnson replied that there wasn t a law and that all documents are public record. He added that it is a matter of courtesy between companies. Mr. Jeancola stated that Rizzetta has already started the process by retrieving archives. Ms. Land asked if there was a checklist of required documents that need to be turned over. Mr. Johnson said that there isn t a specific checklist and that management companies are experienced in transitions. There may also be a resolution upon award of contract. Mr. Jeancola stated that there will be a listing of what is contained the boxes. Discussion ensued. Mr. Diaz brought up maintenance of the District s website which is currently handled by Rizzetta. This will also be part of the transition. Mr. Johnson briefly discussed the scope of services and indicated that they were as specific as possible. However, the RFP does not cover all possible responsibilities. Discussion ensued amongst the Board. Mr. Jeancola noted that the last sentence on page 3 in paragraph 1, should be stricken. He also noted that the second paragraph should specify August 8 th, On a motion by Ms. Alli, seconded by Mr. Diaz, with all in favor, the approved the issuance of the District Management RFP for publication, with noted changes, for Concorde Estates Community Development District. Mr. Jeancola briefly reviewed the District Management advertisement with the Board. On a motion by Ms. Alli, seconded by Mr. Diaz, with all in favor, the approved the District Management advertisement as presented, for Concorde Estates Community Development District. Mr. Jeancola reviewed the Amenities and Facilities Management RFP with the Board. As previously stated, Ms. Land is available to give a tour. She will check her schedule and propose a few dates after July 19 th. The Board agreed that page 8 will reflect August 8 th, 2018 as the contract award date. The scope of work will include a 40-hour work week (Tuesday through Saturday from 10:00 am until 6:30 pm). These hours will include a 1/2-hour unpaid lunch. Mr. Johnson will correct the RFP to reflect the above with the addition of Sunday/Monday (holidays as directed) to the second line.

10 CONCORDE ESTATES COMMUNITY DEVELOPMENT DISTRICT July 11, 2018 Minutes of Meeting Page Mr. Johnson stated that respondents would have to submit holiday rates as a part of their proposal as many companies charge extra for holiday work. Ms. Land indicated that the scope doesn t make any references to reimbursements. Mr. Johnson stated that proposals will include such information. The Board requested Mr. Johnson to make pool monitoring services optional. Ms. Alli would like the Board to come up with a checklist for the new amenity and facilities management company. Mr. Jeancola briefly reviewed noted changes as discussed. Brief discussion ensued. On a motion by Ms. Alli, seconded by Mr. Diaz, with all in favor, the approved the issuance of the Amenities and Facilities Management RFP for publication, with noted changes, for Concorde Estates Community Development District. Mr. Jeancola briefly reviewed the Amenities and Facilities advertisement with the Board. On a motion by Mr. Diaz, seconded by Mr. Goyetche, with all in favor, the approved the Amenities and Facilities advertisement as presented, for Concorde Estates Community Development District. Mr. Johnson asked Ms. Land to confirm her availability for the walk through as soon as she was able to. FIFTH ORDER OF BUSINESS Consideration of Revised Proposal Martinez Painting Group, LLC The Board reviewed and discussed the revised proposal received from Martinez Painting Group in the amount of $7, The Board wanted to combine services to include pressure washing of the walls as well as the flooring in the pavilions. The Board will request clarification from the vendor regarding the inclusion of water costs associated with the pressure washing. Ms. Land asked Mr. Johnson about how many hours were needed for her to conduct a site tour. Mr. Johnson responded a couple of hours at the most. He also suggested the earlier the better as proposals are due on July 27 th. She will confirm the advertisement run date with Mr. Jeancola first and then confirm her availability. On a motion by Mr. Diaz, seconded by Mr. Goyetche, with all in favor, the Board approved the revised proposal received from Martinez Painting Group, LLC in the amount of $7,500.00, contingent upon the inclusion of water costs associated, for Concorde Estates Community Development District.

11 CONCORDE ESTATES COMMUNITY DEVELOPMENT DISTRICT July 11, 2018 Minutes of Meeting Page SIXTH ORDER OF BUSINESS Supervisor Requests and Audience Comments Mr. Land asked Mr. Johnson if he was familiar with Osceola Ordinance numbers 22 through 39 regarding 18-wheeler trucks. Mr. Johnson was not familiar. Mr. Land indicated that the ordinance states that any truck with dual wheels cannot be parked in residential areas. If the trucks are not moved, the Osceola County Sherriff s Department will have it towed at their expense. Mr. Land also noted that the trash in the back is building and that trash cans are spilling over. This is due to not having an amenities and facilities manager. Mr. Land asked the Board if Mr. Smith sent them an following up on the reimbursements as previously discussed. The Board confirmed that they have not received anything. Mr. Land asked for feedback and follow up. Discussion ensued. Ms. Land has been corresponding with Mr. Smith regarding events (rental applications and refunds). Ms. Land found many discrepancies and brought them to Mr. Smith s attention. Discussion ensued. Mr. Land noted that some of the residents stated that Mr. McGath wasn t giving the checks back. In some instances, the security guard provided checks. Discussion ensued. Ms. Land expressed her frustration on the billing as there were plenty of red flags. She is upset that RASI did not catch this error. Mr. Goyetche asked Mr. Johnson if there would be a breach of contract as Mr. McGath didn t follow directions and is at fault. Mr. Johnson stated that it may potentially be a breach of contract. Ms. Alli expressed her concerns to Mr. Johnson regarding diminished services. Mr. Johnson stated that damages may be recovered as quantifiable. The Board indicated that they wanted a full-time person on site. Ms. Land believes that since there were no findings, Rizzetta should provide services through the end of the 60 days. Mr. Goyetche asked if it would be a breach of contract RASI didn t have someone onsite full-time. Mr. Johnson stated it would be a breach of contract but also brought up quantifying the value of loss since services were terminated. Discussion ensued. Mr. Land stated that the advice provided by Mr. Johnson is not sound. Discussion ensued amongst the Board and audience members. A resident inquired if the District can hire someone to quantify the damages. General discussion ensued. A resident asked if Brightview was being terminated by the District. It was confirmed that the District still has not paid them as discussed in previous meetings. Ms. Alli expressed her concern regarding diminished services and whether they can quantify damages. Mr. Johnson stated that he gave his legal opinion and that it will not change.

12 CONCORDE ESTATES COMMUNITY DEVELOPMENT DISTRICT July 11, 2018 Minutes of Meeting Page Mr. Jeancola stated that the next meeting would be held on Wednesday, July 25, 2018 at 6:00 p.m. at the Concorde Estates Clubhouse, located at 3151 Georgian Bay Lane, Kissimmee, Florida Subsequent to the above meeting, the Board will conduct a special meeting on August 8 th, 2018 at 6:00 p.m. at the Concorde Estates Clubhouse, located at 3151 Georgian Bay Lane, Kissimmee, Florida There will be a public hearing and regular meeting scheduled for August 22 nd, 2018 at 6:00 p.m. at the Concorde Estates Clubhouse, located at 3151 Georgian Bay Lane, Kissimmee, Florida A resident inquired about how to contact someone regarding the community. Ms. Alli stated that there is someone by the name of Shannon on site on Tuesdays, Thursdays and Saturdays from 10:00 am until 6:00 pm. She is on site part-time. There is also information posted on the door. Ms. Alli stated that there was an issue with one of the pool lights and that it was fixed. She asked that Shannon is aware that the trash needs to be picked up. General discussion ensued.

13 CONCORDE ESTATES COMMUNITY DEVELOPMENT DISTRICT July 11, 2018 Minutes of Meeting Page SEVENTH ORDER OF BUSINESS Adjournment On a motion by Mr. Alli, seconded by Mr. Diaz, with all in favor, the Board adjourned the meeting at 7:52 p.m., for Concorde Estates Community Development District. Assistant Secretary Chairperson/Vice Chairperson

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15 CONCORDE ESTATES COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE 8529 SOUTH PARK CIRCLE SUITE 330 ORLANDO, FLORIDA Operation and Maintenance Expenditures July 2018 For Board Approval Attached please find the check register listing the Operation and Maintenance expenditures paid from July 1, 2018 through July 31, This does not include expenditures previously approved by the Board. The total items being presented: $33, Approval of Expenditures: Chairperson Vice Chairperson Assistant Secretary

16 Concorde Estates Community Development District Paid Operation & Maintenance Expenditures July 1, 2018 Through July 31, 2018 Vendor Name Check Number Invoice Number Invoice Description Invoice Amount Basam Alli BA Board of Supervisors Meeting 06/04/18 $ Boyd Civil Engineering, Inc Engineering Services 06/18 $ CenturyLink /18 Acct# Clubhouse Telephone $ /18 Cesar Goyetche CG Board of Supervisors Meeting 06/27/18 $ Cleanwel Inc Amenity Cleaning Service 06/18 $ Commando Pest Control & Pest Control Service 09/17 $ Trappers, Inc Commando Pest Control & Pest Control Service 06/18 $ Trappers, Inc Custom Reserves, LLC R Retainer Payment $ 1, DIRECTV LLC Acct # Amenity TV Service $ /18 Edwin Diaz ED Board of Supervisors Meeting 06/04/18 $ Edwin Diaz ED Board of Supervisors Meeting 06/27/18 $ Florida Department of Sales Tax for 06/18 $ 9.52 Revenue 06/18 Kissimmee Utility Grasmere View Parkway VLITE $ 4, Authority 06/18 06/18 Kissimmee Utility KUA Summ 07/18 Electric Summary 07/18 $ 8, Authority Martha Mendez-Land ML Board of Supervisors Meeting 06/04/18 $ Martha Mendez-Land ML Board of Supervisors Meeting 06/27/18 $ McDirmit, Davis & Audit Services FYE 09/17 $ 3, Company, LLC Orlando Sentinel Acct #CU Legal Advertising $ Communications 06/18 Protection One Alarm Amenity Security System Monitoring $ Monitoring, Inc 07/18 Rizzetta & Company, Inc INV District Management Fees 07/18 $ 4, Rizzetta Technology INV Website Hosting Services 07/18 $ Services, LLC Sailyn Alli SA Board of Supervisors Meeting 06/04/18 $ Sailyn Alli SA Board of Supervisors Meeting 06/27/18 $

17 Concorde Estates Community Development District Paid Operation & Maintenance Expenditures July 1, 2018 Through July 31, 2018 Vendor Name Check Number Invoice Number Invoice Description Invoice Amount Toho Water Authority Toho Summ 07/18 Toho Water Summary 07/18 $ 3, United Concrete Service, LLC Grade Down Sidewalk in Nine Places $ 3, Report Total $ 33,038.93

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