FIDDLER S CREEK COMMUNITY DEVELOPMENT DISTRICT #1

Transcription

1 FIDDLER S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 REGULAR MEETING AGENDA January 25, 2017

2 Fiddler s Creek Community Development District #1 OFFICE OF THE DISTRICT MANAGER 2300 Glades Road, Suite 410W Boca Raton, Florida Phone: (561) Fax: (561) Toll-free: (877) January 18, 2017 Board of Supervisors Fiddler s Creek Community Development District #1 ATTENDEES: Please identify yourself each time you speak to facilitate accurate transcription of meeting minutes. Dear Board Members: The Board of Supervisors of the Fiddler s Creek Community Development District #1 will hold a Regular Meeting on Wednesday, January 25, 2017 at 8:00 a.m., at the Fiddler s Creek Club and Spa, 3470 Club Center Boulevard, Naples, Florida The agenda is as follows: 1. Call to Order/Roll Call 2. Public Comments: Non-Agenda Items (3 minutes per speaker) 3. Special Counsel Update 4. Developer s Report 5. Engineer s Report 6. Presentation/Consideration: Gatehouse Gates and Technology Equipment Report and Proposed Preferred Customer Agreement from TEM 7. Discussion: Mahogany Bend Drainage Ditch/Berm Condition 8. Discussion/Informational: Antilles Second Neighborhood Information Meeting Notice 9. Acceptance of Unaudited Financial Statements as of December 31, Consideration of Minutes A. November 2, 2016 Continued Meeting B. November 16, 2016 Regular Meeting C. December 7, 2016 Regular Meeting 11. Action Items 12. Other Business

3 Boards of Supervisors Fiddler s Creek Community Development District #1 January 25, 2017, Regular Meeting Agenda Page Staff Reports A. District Counsel B. District Manager i. NEXT MEETING DATE: February 22, 2017 at 8:00 A.M. C. Operations Manager 14. Supervisors Requests 15. Public Comments 16. Adjournment Should you have any questions, please do not hesitate to contact me directly at Sincerely, Chesley E. Adams, Jr. District Manager

4 PREFERRED CLIENT AGREEMENT 5 Year Effective Date: No. Of Inspection(s): 2 Month of Inspection(s): June/December Between "Client" And TEM Systems, Inc., Corporate Office, 4747 Nob Hill Road, Suite 5, Sunrise, Florida Ph: // (800) //FAX: Lic #EG In consideration of the customer's payment of the annual fee provided herein, TEM agrees to provide the service listed below during an initial term of three (3) years, with respect to the equipment listed below. The annual fee for the 1st year shall be $16,800. The annual fee for years 2 thru 5 will be $16,800 per year (billed annually). NOTE: Florida Sate Sales tax will be added if applicable. TEM will render its initial invoice in advance, upon receipt of a signed copy of this Agreement. SERVICE As a Preferred Client you will receive preferential treatment as specified herein for the term of this agreement. TEM shall provide service and preventative maintenance inspections as specified on equipment listed herein-under on an annual basis. Additional inspections will be provided at customer request and will be billed at TEM's then prevailing rates. PREFERRED CLIENT AGREEMENT PROVIDES Preferred Treatment over Non-Agreement Clients No Charge Parts and Labor, due to normal wear and tear or malfunctions Six Business Hour Response Time Goal Two (2) Preventative Maintenance Inspections per Year Two Hours Free Telephone Support * 25% Discount on Database Maintenance** 10% Discount on any Additional Training Needs 15% Discount on Parts and Labor Not Covered by This Agreement (i.e. Vandalism) Standard Service Monday thru Friday (excludes holidays) Service during TEM normal business hours (Travel and Labor No Charge) as needed Parts Replacement due to Normal Wear and Tear Scheduled Inspections - Necessary Adjustments - Field Cleaning - Lubrication Factory Trained Technicians to Service Your Equipment and Systems Down Time Held to a Minimum * Base contract price, excluding sales tax, must exceed $1, If less than $1,000.00, One (1) hour of Phone support is provided at no charge. ** Initial-programming fees excluded. ***See attached Equipment List for equipment that is covered** Preventative maintenance inspections will be completed by the month scheduled or at the time of an emergency service call. When, in TEM's opinion, equipment replacement is necessary because normal repair and parts replacement cannot keep the equipment in satisfactory operating condition or equipment is unrepairable, TEM will submit a cost estimate for reconditioning and/or replacement. Such work, if authorized by the customer, will be in addition to the above-mentioned annual fee. If repair authorization is not granted, TEM may refuse renewal of the Service Agreement on the unit-requiring repair. NO EXPRESSED OR IMPLIED WARRANTIES. 5 Year PCA Agreement rev of 3 1/18/2017

5 THE SOLE OBLIGATION OF TEM UNDER THIS AGREEMENT IS TO INSPECT AND MAKE NECESSARY REPAIR OF THE EQUIPMENT, AND CUSTOMER HEREBY AGREES THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH WOULD IMPOSE UPON TEM ANY OTHER OBLIGATION OR LIABILITY. TEM SHALL NOT BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE TERMS AND CONDITIONS BELOW ARE PART OF THIS AGREEMENT. CANCELLATION Due to the special pricing, contract can be cancelled after Year 3 with a 90 days prior written notice to other party. In the event of cancellation, credit will be prorated on a quarterly basis. RENEWAL FEE The renewal billing for any extension period fee will be rendered to the customer in advance of expiration of the current term. There shall be added to all charges any taxes levied on such charges. DEFAULT If customer does not pay the fees or charges due hereunder: TEM may (a) refuse to continue the services provided for herein or (b) furnish such services only on a C.O.D. "Per Call" basis. EMERGENCY FIELD SERVICE DOES NOT INCLUDE: 1. Travel, or parts and labor charges, required as a result of accident, fire, storm, water, negligence, misuse, vandalism, power failure, current fluctuations, lighting surges, failure due to non TEM installation, parts, service attachments, or devices, or any cause external to the equipment not caused by TEM. 2. Specification changes, program changes, resets, Daylight Savings Time Changes, power failures. 3. Service on weekends, holidays or times other than TEM's normal business hours of 8:30 a.m. to 5:00 p.m. (unless otherwise agreed to in writing in this document). 4. Coverage of loss of revenue or any financial claims due to equipment malfunction or down time. 5. Non equipment items such as doorstrikes, door closures, concrete, electrical etc. GENERAL TEM shall not be responsible for failure to render service due to strikes, fire, flood, and other causes beyond its control. This Agreement constitutes the entire contract between TEM and Client with respect to service of the equipment and no representation of statement not expressed herein shall be binding on TEM. Equipment Covered under the PCA Agreement is attached. Coverage includes loops, detectors, switches and/or accessories associated with the operation of the listed equipment only. Repairs required prior to this agreement being accepted by TEM are attached. Agreed To and Accepted by: Agreed to and Accepted By: Client (Print Name): Consultant: Jan Longo Client Title: Title: PCA Dept. Client Signature: Signature: Jan Longo 5 Year PCA Agreement rev of 3 1/18/2017

6 EQUIPMENT LIST MODEL DESCRIPTION SERIAL # LOCATION *Includes loops, detectors, switches and/or accessories associated with the operation of the above listed equipment only. *Repairs Prior to PCA agreement being accepted: 5 Year PCA Agreement rev of 3 1/18/2017

7 Equipment ID. Description Location Color Camera Kit Tele-Entry Tele-Entry Tele-Entry Tele-Entry P500 Card Reader Galaxy Controller Door Unit AKR-1 Stand Alone Keypad w/ Radio AM2 Access Control Panel AM-WOR Receiver AV2115 IP Dome camera AV2115 IP Dome camera AV2115 IP Dome camera AV2115 IP Dome camera AV2115 IP Dome camera AV2115 IP Dome camera AV2405 IP Dome camera AV2405 IP Dome camera AV3146 IP Dome camera AV3146 IP Dome camera AV3146 IP Dome camera AV5115 IP Dome camera AV5115 IP Dome camera AV5115 IP Dome camera AV5115 IP Dome camera AV5115 IP Dome camera AV5115 IP Dome camera AV5115 IP Dome camera AV5115 IP Dome camera AV5115 IP Dome camera AV5115 IP Dome camera AV5225PMTIRS IP Dome camera

8 AV5225PMTIRS AV5225PMTIRS AV5225PMTIRS AV5225PMTIRS AV5225PMTIRS AV5245DN BA-200 BA-200 EVAC12-N EVAC24N GFS JK-1MD JO-1MD LI4278TRBU0100 LI4278TRBU0100 LI4278TRBU0100 MS1204FZY NB F NB F NS NS NS IP Dome camera IP Dome camera IP Dome camera IP Dome camera IP Dome camera 5MP IP Dome BAI BAI EVAC EVAC Fixed Barcode Scanner Video Intercom Base Video Intercom Master Station Barcode Scanner Barcode Scanner Barcode Scanner Fixed Mount mini scanner Nema Enclosure Nema Enclosure IP Dome camera IP Dome camera IP Dome camera SCCC-4201 SCCC-4201 SCCC-4301 SCCC-4355 SCCC-4355 SCCC-4355 SLD-211 SLD-211 Vista 20 Kit License Plate Reader Camera License Plate Reader Camera IP Dome camera License Plate Reader Camera License Plate Reader Camera License Plate Reader Camera 1/2 HP Slide Operator 1/2 HP Slide Operator Alarm Kits

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15 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 FINANCIAL STATEMENTS UNAUDITED DECEMBER 31, 2016

16 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 BALANCE SHEET GOVERNMENTAL FUNDS DECEMBER 31, 2016 General 001 ASSETS Operating accounts SunTrust 1,067,725 Debt Service Series 2013 Refunded 1999 Debt Service Series 2013 Refunded 2006 Debt Service Series Refunded 2002B Debt Service Series Refunded 2002A Debt Service Series Refunded 2005 Debt Service Series Refunded 2005 Capital Projects Series 2005 Total Governmental Funds $ $ - $ - $ - $ - $ - $ - $ - $ 1,067,725 Assessment account-iberia 300, ,119 Centennial Bank - MMA * 76, ,230 Finemark - MMA * 68, ,580 Investments Revenue - 653, , , , ,752,131 Reserve - series A - 433,582 25, ,591 Prepayment , , ,712 Prepayment B exchange Due from other funds 130, ,950 Due from Fiddler's Creek CDD #2 27, ,302 Deposits 5, ,125 Total Assets $ 1,676,031 $ 1,087,417 $ 419,063 $ 376,346 $ 462,998 $ 1 $ 1 $ - $ 4,021,857 LIABILITIES & FUND BALANCES Liabilities: Accounts payable $ 1,387 $ - $ - $ - $ - $ - $ - $ - $ 1,387 Due to other funds General fund , ,950 Landshore Enterprises retainage 4, ,688 Total liabilities 6, , ,025 Fund balances: Assigned: Debt service - 1,087, , , , ,345,826 Capital projects (130,950) (130,950) Unassigned 1,669, ,669,956 Total fund balances 1,669,956 1,087, , , , (130,950) 3,884,832 Total liabilities and fund balance $ 1,676,031 $ 1,087,417 $ 419,063 $ 376,346 $ 462,998 $ 1 $ 1 $ - $ 4,021,857 1

17 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GENERAL FUND 001 FOR THE PERIOD ENDED DECEMBER 31, 2016 Current Month Year To Date % of Budget Budget REVENUES Assessment levy $ 1,165,370 $ 1,495,180 $ 2,335,284 64% Developer assessment 35, , ,999 20% Interest ,200 12% Miscellaneous 2,205 2,492 15,000 17% Total revenues 1,203,687 1,605,910 2,889,483 56% EXPENDITURES Administrative Supervisors 861 3,875 12,918 30% Management 5,043 15,131 60,525 25% Assessment roll preparation 25,490 25,490 25, % Accounting services 1,647 4,941 19,764 25% Audit ,400 0% Legal 5,232 5,232 25,000 21% Legal - litigation 4,083 4,083 35,000 12% Engineering - 7,590 20,000 38% Telephone % Postage ,000 42% Insurance - 16,677 21,540 77% Printing and binding % Legal advertising ,000 97% Office supplies % Annual district filing fee % Trustee 10,500 10,500 15,500 68% Arbitrage rebate calculation - - 4,000 0% Contingencies 1,350 1,562 22,000 7% Dissemination agent 966 2,899 11,596 25% Total administrative 56, , ,999 34% Field management Field management services 2,187 6,560 26,237 25% Total field management 2,187 6,560 26,237 25% Water management maintenance Other contractual 15,794 31, ,355 8% Fountains 5,535 11,331 60,000 19% Total water management maintenance 21,329 42, ,355 10% Street lighting Contractual services ,500 3% Electricity 3,011 6,019 38,000 16% Holiday lighting program 11,900 11,900 12,000 99% Miscellaneous - - 1,500 0% Total street lighting 14,911 18,528 69,000 27% 2

18 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GENERAL FUND 001 FOR THE PERIOD ENDED DECEMBER 31, 2016 Current Month Year To Date % of Budget Budget Landscaping Other contractual - landscape maintenance 157, ,549 1,060,000 25% Other contractual - flowers ,000 0% Improvements and renovations 10,725 24, ,000 17% Contingencies ,600 0% Total landscaping 168, ,439 1,282,600 23% Access control Contractual services 11,442 51, ,757 14% Rentals and leases ,975 0% Fuel 714 1,380 7,372 19% Repairs and maintenance - parts ,253 7% Repairs and maintenance - gatehouse 4,832 5,625 14,178 40% Insurance 43 4,298 5,104 84% Operating supplies 2,078 13,263 25,520 52% Capital outlay ,342 0% Total access control 19,250 76, ,501 17% Roadway Contractual services ,000 6% Roadway maintenance 5,300 52, ,000 47% Total roadway 5,450 52, ,000 46% Irrigation supply Electricity % Repairs and maintenance ,500 26% Supply system 13,476 23, ,400 19% Total irrigation supply 13,615 24, ,650 19% Other fees & charges Property appraiser - 35,528 36,489 97% Tax collector 23,307 29,903 48,652 61% Total other fees & charges 23,307 65,431 85,141 77% Total expenditures 324, ,891 2,889,483 23% Excess/(deficiency) of revenues over/(under) expenditures 878, ,019 - Fund balances - beginning 791, , ,452 Fund balances - ending $ 1,669,956 $ 1,669,956 $ 674,452 3

19 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES 2013 (REFUNDED SERIES 1999) FOR THE PERIOD ENDED DECEMBER 31, 2016 Current Month Year To Date % of Budget Budget REVENUES Assessment levy $ 421,829 $ 541,211 $ 902,504 60% Interest N/A Total revenues 421, , ,504 60% EXPENDITURES Debt service Principal ,000 0% Principal prepayment - 50,000 - N/A Interest - 77, ,600 50% Total debt service - 127, ,600 15% Other fees & charges Property appraiser - 13,730 14,102 97% Tax collector 8,436 10,824 18,802 58% Total other fees & charges 8,436 24,554 32,904 75% Total expenditures 8, , ,504 17% Excess/(deficiency) of revenues over/(under) expenditures 413, ,380 - Fund balances - beginning 674, , ,215 Fund balances - ending $ 1,087,417 $ 1,087,417 $ 634,215 4

20 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES 2013 (REFUNDED SERIES 2006) FOR THE PERIOD ENDED DECEMBER 31, 2016 Current Month Year To Date % of Budget Budget REVENUES Assessment levy $ 260,822 $ 334,637 $ 551,539 61% Interest N/A Total revenues 260, , ,539 61% EXPENDITURES Debt service Principal ,000 0% Interest - 18,216 36,431 50% Total debt service - 18, ,431 3% Other fees & charges Property appraiser - 8,391 8,618 97% Tax collector 5,216 6,693 11,490 58% Total other fees & charges 5,216 15,084 20,108 75% Total expenditures 5,216 33, ,539 6% Excess/(deficiency) of revenues over/(under) expenditures 255, ,341 - Fund balances - beginning 163, , ,531 Fund balances - ending $ 419,063 $ 419,063 $ 109,531 5

21 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES (REFUNDED SERIES 2002B) FOR THE PERIOD ENDED DECEMBER 31, 2016 Current Month Year To Date Budget % of Budget REVENUES Assessment levy: on-roll - net $ 260,964 $ 334,819 $ 548,352 61% Interest N/A Total revenues 260, , ,352 61% EXPENDITURES Debt service Principal ,000 0% Interest - 176, ,450 50% Total debt service - 176, ,450 33% Other fees & charges Property appraiser - 8,342 8,568 97% Tax collector 5,219 6,696 11,424 59% Total other fees & charges 5,219 15,038 19,992 75% Total expenditures 5, , ,442 35% Excess/(deficiency) of revenues over/(under) expenditures 255, ,561 (4,090) Fund balances - beginning 120, , ,607 Fund balances - ending $ 376,346 $ 376,346 $ 220,517 6

22 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES (REFUNDED SERIES 2002A) FOR THE PERIOD ENDED DECEMBER 31, 2016 Current Month Year To Date Budget % of Budget REVENUES Assessment levy $ 262,290 $ 336,520 $ 1,110,219 30% Developer assessments - 333,557 - N/A Assessment prepayments 129, ,510 - N/A Interest N/A Total revenues 391, ,593 1,110,219 72% EXPENDITURES Debt service Principal - 355,000 0% Principal prepayment - 360,000 - N/A Interest - 377, ,219 50% Total debt service - 737,609 1,110,219 66% Other fees & charges Tax collector 5,245 6,730 - N/A Total other fees & charges 5,245 6,730 - N/A Total expenditures 5, ,339 1,110,219 67% Excess/(deficiency) of revenues over/(under) expenditures 386,555 55,254 - Fund balances - beginning 76, ,744 8,914 Fund balances - ending $ 462,998 $ 462,998 $ 8,914 7

23 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES (REFUNDED SERIES 2005) FOR THE PERIOD ENDED DECEMBER 31, 2016 Current Month Year To Date Budget % of Budget REVENUES Assessment levy $ - $ 214,799 $ 589,600 36% Interest N/A Total revenues - 214, ,600 36% EXPENDITURES Debt service Principal ,000 0% Interest - 214, ,600 50% Total debt service - 214, ,600 36% Excess/(deficiency) of revenues over/(under) expenditures Fund balances - beginning Fund balances - ending $ 1 $ 1 $ - 8

24 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES (REFUNDED SERIES 2005) FOR THE PERIOD ENDED DECEMBER 31, 2016 Current Month Year To Date Budget % of Budget REVENUES Assessment levy $ - $ 226,949 $ 623,900 36% Interest N/A Total revenues - 226, ,900 36% EXPENDITURES Debt service Principal ,000 0% Interest - 226, ,900 50% Total debt service - 226, ,900 36% Excess/(deficiency) of revenues over/(under) expenditures Fund balances - beginning 1 1 2,367 Fund balances - ending $ 1 $ 1 $ 2,367 9

25 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES CAPITAL PROJECTS FUND SERIES 2005 FOR THE PERIOD ENDED DECEMBER 31, 2016 Current Month Year To Date REVENUES $ - $ - Total revenues - - EXPENDITURES Capital outlay - - Total expenditures - - Excess/(deficiency) of revenues over/(under) expenditures - - Fund balances - beginning (130,950) (130,950) Fund balances - ending $ (130,950) $ (130,950) 10

26 MINUTES OF MEETING FIDDLER S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 A Continued Meeting of the Board of Supervisors of the Fiddler s Creek Community Development District #1 was held on Wednesday, November 2, 2016 at 3:00 p.m., in the Board Room, 2 nd Floor, at the Fiddler s Creek Club and Spa, 3470 Club Center Boulevard, Naples, Florida Present at the meeting were: Phil Brougham Chair Gerald Bergmoser Vice Chair Richard Peterson Assistant Secretary Robert Slater Assistant Secretary Also present were: Chuck Adams District Manager Rick Reyes Special Counsel Court Reporter FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Adams called the meeting to order at 3:03 p.m., and noted, for the record, that Supervisors Brougham, Bergmoser, Peterson and Slater were present, in person. Supervisor Turner was not present. Mr. Adams, Mr. Reyes and a court reporter were also present. Mr. Adams indicated that the primary purpose of the Continued Meeting was to hold the Executive Session. SECOND ORDER OF BUSINESS Executive Session Mr. Adams stated that Special Counsel requested the Executive Session at the last meeting. Mr. Adams recessed the public session at approximately 3:04 p.m. The Executive Session convened at approximately 3:04 p.m. THIRD ORDER OF BUSINESS Reconvene Public Session 1

27 FIDDLER S CREEK CDD #1 November 2, Mr. Adams reconvened the Continued Meeting at 4:00 p.m., and noted that Supervisors Brougham, Bergmoser, Peterson and Slater were present, in person, along with himself and Mr. Reyes. FOURTH ORDER OF BUSINESS Consideration of Any Actions Resulting from Executive Session As a result of the Executive Session, the Board was in favor of authorizing settlement discussions, through Special Counsel, based upon the parameters established during the Executive Session. On MOTION by Mr. Brougham and seconded by Mr. Bergmoser, with all in favor, authorizing settlement discussions, through Special Counsel, based upon the parameters established during the Executive Session, was approved. FIFTH ORDER OF BUSINESS Other Business There being no other business, the next item followed. SIXTH ORDER OF BUSINESS Adjournment There being nothing additional to discuss, the meeting adjourned. On MOTION by Mr. Bergmoser and seconded by Mr. Turner, with all in favor, the meeting adjourned at 4:02 p.m. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 2

28 FIDDLER S CREEK CDD #1 November 2, Secretary/Assistant Secretary Chair/Vice Chair 3

29 MINUTES OF MEETING FIDDLER S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 A Regular Meeting of the Board of Supervisors of the Fiddler s Creek Community Development District #1 was held on Wednesday, November 16, 2016 at 8:00 a.m., at the Fiddler s Creek Club and Spa, 3470 Club Center Boulevard, Naples, Florida Present at the meeting were: Phil Brougham Chair Gerald Bergmoser Vice Chair Richard Peterson Assistant Secretary Robert Slater Assistant Secretary Charles Turner (via telephone) Assistant Secretary Also present were: Chuck Adams District Manager Cleo Crismond Assistant Regional Manager Tony Pires (via telephone) District Counsel Terry Cole District Engineer Carrie Robinson (via telephone) Special Counsel Ron Albeit The Foundation Mike Charbonneau The Foundation Shannon Benedetti Landscape Advisory Committee Frank Weinberg Resident Joe Schmitt Resident, Supervisor-Elect Michael Buck Resident, CDD#2 FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Adams called the meeting to order at 8:00 a.m., and noted, for the record, that Supervisors Brougham, Peterson, Slater and Bergmoser were present, in person. Supervisor Turner was attending via telephone. On MOTION by Mr. Slater and seconded by Mr. Bergmoser, with all in favor, authorizing Mr. Turner s attendance and full participation, via telephone, due to exceptional circumstances, was approved. 1

30 FIDDLER S CREEK CDD #1 November 16, Mr. Brougham stated that the General Election was held and he and Mr. Slater were reelected and Mr. Joe Schmitt, a resident, was elected to fill Mr. Peterson s seat. Mr. Brougham thanked Mr. Peterson his service on the Board. SECOND ORDER OF BUSINESS Public Comments: Non-Agenda Items (3 minutes per speaker) There being no public comments, the next item followed. THIRD ORDER OF BUSINESS Special Counsel Update Ms. Robinson did not hear from U.S. Bank s counsel regarding the settlement. In response to Mr. Brougham s question, Ms. Robinson believed that Mr. Reyes contacted U.S. Bank s counsel immediately after the November 2 Executive Meeting, or the next day. Regarding discovery, Ms. Robinson stated that depositions were attempted but unsuccessful. The efforts to reschedule them would be in January or February, due to the availability of witnesses and counsel. ***Ms. Robinson left the meeting.*** FOURTH ORDER OF BUSINESS Developer s Report Mr. Brougham received a call from Mr. Dennis Albaugh, developer of Antilles, who wanted to discuss new plans. Mr. Brougham informed Mr. Albaugh that he did not represent Fiddler s Creek but would meet with him this afternoon. Based on County regulations, Mr. Alba s application for Antilles lapsed. Mr. Albaugh told Mr. Brougham that he was seeking an amendment to the application. Mr. Brougham would suggest that Mr. Albaugh meet the County regulations and schedule a neighborhood information meeting, so Fiddler s Creek residents could hear about the new plans. Mr. Brougham asked if Mr. Albaugh must rename the development if the original application was amended. Mr. Cole replied affirmatively. FIFTH ORDER OF BUSINESS Engineer s Report Mr. Cole stated that the lake erosion contractor was supposed to complete the Phase 5 work this week, since water levels dropped. As water levels continue receding, Mr. Cole would inspect and prioritize work to be included in Phase 6. The high and medium priorities were 2

31 FIDDLER S CREEK CDD #1 November 16, completed and the lower priorities were underway. Since the original review was six or seven years ago, there could be additional areas. Mr. Cole stated that the sidewalk repairs for CDD #1 were underway; however, two areas that were noted by residents and on the list to be completed were not repaired. In response to Mr. Brougham s question, Mr. Cole did not know if the sidewalks were marked but would mark them today. Discussion ensued regarding various sidewalks with lifts and the repairs and inspections. Mr. Cole stated that the easement documents for the Runaway Lane boat ramp were signed. GradyMinor Engineering (GradyMinor) obtained additional topographic data necessary for the review of the boat ramp. The accurate map and legal description should be provided soon and, once received, Mr. Cole would provide comments. Mr. Brougham asked if construction was underway. Mr. Albeit stated that permits were being obtained. Mr. Pires stated that the easement was recorded on November 1. Mr. Cole met with Mr. Ken van Assenderp and State agency staff, two weeks ago, to review the draft documents for the petition to amend the CDD #1 boundaries. Revised language was provided to Mr. van Assenderp. It was anticipated that the petition would be formally submitted to the State within a few weeks. In response to Mr. Brougham s question, the boundary change added 50 to 60 acres in the southeast corner. Mr. Slater stated that, in CDD #2, the pavers around the Veneta fountain, at the end of Fiddler s Creek Parkway were sinking into the ground. Mr. Cole stated that the repair work was awarded and the area would be added to the list. Mr. Bergmoser recalled that the Board agreed not to spend more than $1,500 on the sidewalk repairs. Mr. Cole stated that the bid was $600 to $700. SIXTH ORDER OF BUSINESS Acceptance of Unaudited Financial Statements as of October 31, 2016 Mr. Brougham presented the Unaudited Financial Statements as of October 31, SEVENTH ORDER OF BUSINESS Consideration of Minutes A. October 17, 2016 Continued Meeting Mr. Bergmoser presented the October 17, 2016 Continued Meeting Minutes and asked for any additions, deletions or corrections. 3

32 FIDDLER S CREEK CDD #1 November 16, On MOTION by Mr. Peterson and seconded by Mr. Slater, with all in favor, the October 17, 2016 Continued Meeting Minutes, as presented, were approved. B. October 26, 2016 Regular Meeting Mr. Brougham presented the October 26, 2016 Regular Meeting Minutes and asked for any additions, deletions or corrections. The following changes were made: Line 87: Insert start to before complete Line 97: Change Curb Systems to SSS Line 132: Change breech to breach Line 158: Insert in substantially final form after execution On MOTION by Mr. Brougham and seconded by Mr. Bergmoser, with all in favor, the October 26, 2016 Regular Meeting Minutes, as amended, were approved. EIGHTH ORDER OF BUSINESS Action Items Mr. Brougham stated that all Action Items were included in the agenda. NINTH ORDER OF BUSINESS Other Business There being no other business, the next item followed. TENTH ORDER OF BUSINESS Staff Reports A. District Counsel Mr. Pires briefly discussed the financial disclosure forms and Sunshine Law. Mr. Brougham stated that Supervisors would be sworn in on December 7. Mr. Pires stated that, under the statute, Supervisors take office on November 22. B. District Manager i. NEXT MEETING DATE: December 7, 2016 at 8:00 A.M. The next meeting will be held on December 7, 2016 at 8:00 a.m., at this location. 4

33 FIDDLER S CREEK CDD #1 November 16, C. Operations Manager Ms. Crismond distributed the Operations Report. The landscape bids would be presented at the December meeting. Palm pruning and pine straw installation commenced. Discussion ensued regarding the fall flower rotation, shrubs, tiering, color and irrigation of the flowers. Mr. Brougham asked about the shrubbery around the backflow at the end of Cherry Oaks Lane. Mr. Albeit stated that there were concerns about who owned the property. In response to Mr. Brougham s question, Mr. Pires stated that the spreadsheet detailing property conveyed to the CDD was prepared but it must be sent to Mr. Cole and Mr. Adams for review. It would be provided to the Board in advance of the next Board meeting. Mr. Brougham asked if the spreadsheet included areas within CDD property that were not conveyed. Mr. Pires would prepare a separate spreadsheet. Mr. Slater asked if cameras were installed at the Mulberry gate and, if not, requested the timeline for the cameras to become operational. Mr. Adams stated that the cameras were installed and had power but did not know when they would be connected. At Mr. Brougham s request, Ms. Crismond would contact LandCare about restoration of a trenched area. Mr. Brougham stated that LandCare and Girard submitted landscaping proposals and asked about LandCare s performance. Ms. Crismond stated that, overall LandCare was doing a good job, since Mr. Molina was onsite, full-time. ELEVENTH ORDER OF BUSINESS Supervisors Requests Mr. Slater asked Mr. Albeit if the problems with the potable water were due to the satellite control area, as Bent Creek and Pepper Tree do not receive potable water, even though they were connected; residents must manually water their lawns. In response to Mr. Albeit s question, Mr. Slater confirmed that the areas were not on the potable water list. Mr. Crismond stated that Bent Creek and Peppertree were on the potable water list. Mr. Albeit advised Mr. Slater to contact Mr. Jim Vajen to test the line. Mr. Brougham recalled that, last year, Peppertree had a malfunctioning board in a control box. Mr. Albeit stated that, last week the golf course had the same problem. Mr. Brougham stated that, last year, when his community had a problem getting water, the central site sent a signal which was received by the remote box; however, the remote box did not receive the signal correctly. 5

34 FIDDLER S CREEK CDD #1 November 16, TWELFTH ORDER OF BUSINESS Public Comments Mr. Schmidt asked if the retaining wall with large bricks that hold fill at the Marsh Cove entrance belonged to the CDD or Marsh Cove; some bricks were displaced or fell down. Mr. Albeit believed that it was owned by the golf course. Mr. Cole would take pictures. Mr. Peterson voiced concern that the retaining wall could fall. Mr. Michael Buck, a CDD #2 resident, stated that, at the main entrance to Fiddler s Creek, off of Collier Boulevard, there was debris in the road. Mr. Brougham stated that it was not the District s responsibility to maintain the roadway and advised Mr. Buck, as a citizen of Collier County, to call the County Transportation Department, who maintained the roadway. THIRTEENTH ORDER OF BUSINESS Adjournment There being no further business to discuss, the meeting adjourned. On MOTION by Mr. Brougham and seconded by Mr. Bergmoser, with all in favor, the meeting adjourned at approximately 8:41 a.m. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 6

35 FIDDLER S CREEK CDD #1 November 16, Secretary/Assistant Secretary Chair/Vice Chair 7

36 MINUTES OF MEETING FIDDLER S CREEK COMMUNITY DEVELOPMENT DISTRICT #1 A Regular Meeting of the Board of Supervisors of the Fiddler s Creek Community Development District #1 was held on Wednesday, December 7, 2016 at 8:00 a.m., at the Fiddler s Creek Club and Spa, 3470 Club Center Boulevard, Naples, Florida Present at the meeting were: Phil Brougham Chair Gerald Bergmoser Vice Chair Robert Slater Assistant Secretary Charles Turner Assistant Secretary Joseph Schmitt Supervisor-Elect Also present were: Chuck Adams District Manager Cleo Crismond Assistant Regional Manager Tony Pires District Counsel Terry Cole District Engineer Carrie Robinson (via telephone) Special Counsel Ron Albeit The Foundation Mike Charbonneau The Foundation Wes Cleaves Girard Environmental Services Mark Swanson LandCare Alfredo Molina LandCare FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Adams called the meeting to order at 8:00 a.m., and noted, for the record, that all Supervisors were present, in person. SECOND ORDER OF BUSINESS Public Comments: Non-Agenda Items (3 minutes per speaker) There being no public comments, the next item followed. 1

37 FIDDLER S CREEK CDD #1 December 7, THIRD ORDER OF BUSINESS Administration of Oath of Office to Newly Elected Supervisors: Joseph Schmitt, SEAT 3, Robert Slater, SEAT 4 and Phillip Brougham, SEAT 5 (the following to be provided in a separate package) Mr. Adams, a Notary of the State of Florida and duly authorized, administered the Oath of Office to Mr. Schmitt, Mr. Slater and Mr. Brougham. He provided and briefly explained the following items: A. Guide to Sunshine Amendment and Code of Ethics for Public Officers and Employees B. Membership, Obligations and Responsibilities C. Financial Disclosure Forms i. Form 1: Statement of Financial Interests ii. Form 1X: Amendment to Form 1, Statement of Financial Interests iii. Form 1F: Final Statement of Financial Interests D. Form 8B, Memorandum of Voting Conflict FOURTH ORDER OF BUSINESS Consideration of Resolution , Electing Officers Mr. Adams presented Resolution for the Board s consideration. Statutorily, the Board was required to consider its slate of officers following an appointment or election. Prior to the election, Mr. Brougham served as Chair, Mr. Bergmoser as Vice Chair, the remaining Supervisors as Assistant Secretaries, himself as Secretary and Mr. Wrathell as Treasurer. Mr. Adams requested that Mr. Schmitt serve as an Assistant Secretary. Mr. Slater nominated the current slate of officers, with Mr. Schmitt as an Assistant Secretary. Mr. Bergmoser seconded. On MOTION by Mr. Slater and seconded by Mr. Bergmoser, with all in favor, Resolution , Electing Officers, as nominated, was adopted. FIFTH ORDER OF BUSINESS Special Counsel Update Ms. Robinson stated that the deposition of Ms. Kathy Broecker, of U.S. Bank, was scheduled for January 24, 2017 but it could be moved, based on when the trial was set for the 2

38 FIDDLER S CREEK CDD #1 December 7, Naples Lending litigation, which was contemplated for February or March. A hearing was scheduled for January 3, Last week, Ms. Robinson received an order from Judge Shenko. Judge Shenko denied Fiddler s Creek CDD Investors request for U.S. Bank to pay for Harvey Pitt s second deposition, in advance but there could be reconsideration, if further information was received. In response to Mr. Brougham s question, Ms. Robinson stated that Mr. Pitt s deposition was not rescheduled and no fees were pending. Fiddler s Creek CDD Investors were weighing options on how to proceed. Mr. Brougham asked if there were any responses on former actions taken by the District. Ms. Robinson stated that settlement discussions were ongoing and, if additional information was received, an Executive Session would be scheduled. Mr. Brougham recommended that Mr. Schmitt contact Mr. Adams about the litigation. Mr. Adams suggested that Mr. Schmitt speak to Ms. Robinson, directly. ***Ms. Robinson left the meeting.*** SIXTH ORDER OF BUSINESS Developer s Report There being no report, the next item followed. SEVENTH ORDER OF BUSINESS Engineer s Report Mr. Cole stated that the sidewalk repairs for CDD #1 were continuing and, after the last meeting, areas brought to his attention were checked; most were already on the list. He would follow up with the contractor to ensure that these areas were repaired. Discussion ensued regarding the sidewalk and lake bank repair projects. Mr. Slater asked what happened on the corner of Fiddler s Creek Parkway and Mulberry Lane. Ms. Crismond stated that a subcontractor from TEM Services, Inc. (TEM) performed boring work. Mr. Schmitt stated that the subcontractor left the area in an unacceptable condition and requested that a clause be included in all contracts. Mr. Adams suggested including a restoration provision in TEM s contract for damage or the District could perform the restoration work and bill TEM, so there would be an accurate bill and the work would be performed to the District s satisfaction. Mr. Schmitt felt that the work should be warranted and paid for by the contractor. 3

39 FIDDLER S CREEK CDD #1 December 7, Discussion ensued about restoring the area, who should perform the work, who should pay for restoration, etc., along with restoration of damages in other areas. Mr. Schmitt asked if contractors inform Mr. Adams what work needed to be performed to complete the contract and if the contract to install electrical connections to the cameras was a District contract. Mr. Adams replied that it was a CDD contract with TEM and a TEM subcontractor performed the boring work. TEM informed Mr. Adams that some trenching and removal of landscaping was necessary. There were no specifics and Mr. Adams deemed the work to be miniscule. The largest damage was the truck pulling out of the travel lane onto the road ROW. Mr. Schmitt asked if the cameras were approved by the Board. Mr. Brougham replied affirmatively. Regarding the sidewalk repairs, Mr. Schmitt asked if there was a schedule. Mr. Cole replied that a portion of the work was approved by the District but a few items were added. Mr. Cole was waiting for the contractor to provide a revised proposal and schedule for the additional work, which would not exceed $1,500. Mr. Adams recalled that the Board approved a not-toexceed amount of $15,000, for the sidewalk repairs, which was in line with the proposal from Curb Systems of SW FL and Sarasota, LLC (Curb Systems); however, another contractor proposed $6,000 to $8,000. With the additional work, Mr. Adams anticipated that the total amount for the sidewalk repairs would not exceed $10,000. Mr. Schmitt asked if the contract included golf cart crossings. Mr. Cole replied affirmatively. Mr. Schmitt questioned the areas to be completed first. Mr. Cole stated, along Fiddler s Creek Parkway, some areas were completed but the orange striping was starting to wear. Mr. Cole would verify and hoped to be completed with the project at the end of January. EIGHTH ORDER OF BUSINESS Consideration of Award of Contract: Landscape Maintenance Ms. Crismond stated that the contract went out to bid and 15 companies were invited to attend the pre-bid meeting. Five companies requested bid packages and attended the pre-bid meeting and LandCare USA, LLC (LandCare) and Girard Environmental (Girard) submitted bids. Both companies were qualified and capable of meeting the Scope of Services. The current contractor, LandCare, held the contract for eight years, with some positives and negatives over the years but, overall, LandCare performed well. Girard had offices around the State but not in the area and managed the Brooks of Bonita Springs CDD, landscaping; however, their contract 4

40 FIDDLER S CREEK CDD #1 December 7, was not renewed. Based on Girard s history, Ms. Crismond did not believe that they had the capability or resources to maintain the District s property at the level of service that the community demanded. LandCare bid the current contract amount, which increased by $50,000, due to performing a double sweep and four annual flower rotations. Mr. Pires stated that, according to Ms. Crismond s Memorandum, Girard failed to submit evidence that all of their subcontractors hold valid necessary State, County and local licenses and their subcontractors qualifications. The Board could deem Girard s proposal nonresponsive or waive the requirement, as an irregularity, and accept Girard s bid. Mr. Wes Cleaves, of Girard, stated that some work would be performed in-house but a backup subcontractor was available. Regarding the license renewal issue, all paperwork was submitted to the State and the County but the time to process the paperwork was lengthy. Mr. Brougham asked when the paperwork was submitted. Mr. Cleves replied that the certificate holder on the Certificate of Competency to renew must be changed by the State and required substantial paperwork. It may take 30 to 60 days before the renewal was approved but all paperwork was submitted in a timely fashion. Mr. Cleaves acknowledged problems with several properties but Girard was making strides internally and he was overseeing those properties. Mr. Cleaves expressed his desire to work with the District and detailed his previous experience, familiarity and understanding of the landscaping in the District, since its inception. Mr. Mark Swanson, of LandCare, stated that LandCare maintained the property for several years and has the experience and knowledge to continue maintaining the property. There were some issues over the years but, overall, LandCare showed consistency to provide the results expected by the District. The most recent challenge was replacing the Account Manager to someone who was highly experienced in the property and able to take the direction that residents expected. Mr. Brougham clarified that Mr. Swanson was referring to Mr. Molina. Mr. Swanson stated that Mr. Molina was performing well and would continue performing well. Mr. Brougham noted no issues with LandCare s subcontractor letter and qualifications. Mr. Pires stated that the Department of Business and Professional Regulation (DBPR) website showed that Girard s license expired on August 31, Mr. Slater asked how quickly Girard could have their employees onsite, if chosen. Mr. Cleaves stated that he had local staff and outside support staff. Girard would open a satellite facility close to the property that would be staffed with a full-time Account Manager, a team and 5

41 FIDDLER S CREEK CDD #1 December 7, a small nursery to provide onsite support. The team would be recruited locally and be onsite on day one. Girard was 100% e-verified. Mr. Bergmoser asked if LandCare s increase from year one to year two was due to higher labor costs. Mr. Swanson explained that labor costs over the last several years increased as much as 20%, due to all of the construction and development in the area. Costs were held back this year. A 3% increase was calculated, which was minimal and less than the actual cost of the services. Mr. Bergmoser asked how many other Managers and Supervisors were onsite, other than Mr. Molina. Mr. Swanson replied that there was another lead Supervisor, who was familiar with the property for six years that provided observations to Mr. Molina. Mr. Molina was on property 70% to 80%. In response to Mr. Bergmoser s question, Mr. Swanson indicated that Girard was contracted to maintain three properties in Fiddler s Creek. Mr. Cleaves responded to questions regarding his work history. Mr. Turner asked if whoever managed the contract reported to Ms. Crismond. Ms. Crismond replied affirmatively and responded to questions about her working relationship with the current contractor, regarding their response time. Discussion ensued regarding possible additional task orders, amendments to the contract, withholding payment, etc. Mr. Slater asked if the increase from the first year to the second year was automatically awarded or renegotiated and if the option for the second year could be renegotiated with the contractor. Mr. Pires did not believe that language was included in the bid documents or specifications. In response to Mr. Slater s question, Ms. Crismond stated that this would be a one year contract with a second year option and, if the District did not want to renew for the second year, it could go out to bid. Mr. Slater noticed that Girard bid the same amount for the second year and asked if the District could contract with LandCare for the first year and Girard for the second year. Mr. Adams replied affirmatively, if Girard was willing to honor their bid amount. Mr. Pires advised that, if the District did not exercise this option, the District must recommence the selection process. Mr. Adams explained that the Board could terminate LandCare and select the next, lowest, responsible bidder. Mr. Brougham stated that the Board could terminate a contract with 30-days notice, without cause, due to service, quality or price but could not just award the contract to Girard. The District must do it through a formal rebid. 6

42 FIDDLER S CREEK CDD #1 December 7, On MOTION by Mr. Brougham and seconded by Mr. Bergmoser, with Mr. Brougham, Mr. Bergmoser, Mr. Schmitt and Mr. Turner in favor and Mr. Slater dissenting, award of the contract for landscape maintenance to LandCare USA, LLC, for two years, was approved. (Motion passed 4-1) NINTH ORDER OF BUSINESS Staff Reports A. District Counsel Mr. Pires stated that the inventory of the properties conveyed to the CDD and acquired by the CDD was not completed. Regarding the boundary change, all documents were being finalized and would be submitted to the Chair by the next meeting. Mr. Brougham asked if the District was incurring legal fees. Mr. Pires replied that the fees would be paid by the developer. B. District Manager Mr. Brougham asked if Mr. Molina would attend the January 19 meeting and repaired the clock. Mr. Molina replied affirmatively. Mr. Albeit stated that the purpose of the January 19 meeting was to discuss the irrigation system and satellite controls. Presidents from each village were participating, along with Management, the irrigation company and the gentleman responsible for maintaining the satellite system from the golf operations computer to the satellites. The entire system and how it works would be discussed, as well as educating everyone what to do if the system did not work. Mr. Albeit requested that Property Management and the landscaping company attend. The Board did not need to attend. In response to a Board Member s question, Mr. Pires advised that, if Board Members wanted to attend, no interaction should occur between the Board Members. Mr. Brougham stated that the meeting did not pertain to CDD business. Mr. Adams advised that the meeting pertained to District operations. ***Mr. Swanson and Mr. Molina left the meeting.*** Mr. Brougham stated that there were no unaudited financial statements. Mr. Adams stated that this was due to the holidays. In response to Mr. Slater and Mr. Brougham s question, Mr. Adams indicated that tax revenues were in transit. 75% of the annual tax collections were paid by the end of November and should be received by mid-december. Mr. Brougham stated that Fiscal Year 2016 ended with $600,000 in the operating fund. Mr. Adams stated that there were no minutes, due to the quick start time between meetings and Thanksgiving. Minutes would be provided at the January meeting. 7

43 FIDDLER S CREEK CDD #1 December 7, i. NEXT MEETING DATE: January 25, 2017 at 8:00 A.M. The next meeting will be held on January 25, 2017 at 8:00 a.m., at this location. C. Operations Manager Ms. Crismond presented the Operations Report. Regarding the Mulberry gate, Ms. Crismond stated that Mr. Turner advised that several drains appeared to be clogged on Club Center Drive between The Club and The Rookery. M.R.I. UnderWater Specialists Inc. (MRI) inspected the drains and five need to be cleaned. They will be cleaned in January. TENTH ORDER OF BUSINESS Supervisors Requests Mr. Turner reported issues with the Championship Gate and Main Gate Arms. The Championship Gates were either broken or removed and, over the weekend, the outbound gate was not working, at the Main Gate. According to Ms. Crismond s report, the camera was not working at the Championship Gate. Mr. Adams stated that the camera was replaced. Mr. Turner asked if there were functionality issues at the Championship Gate. Mr. Adams stated that there was aging technology, which would eventually be replaced or repaired. Mr. Turner stated that the gate arms were not functioning and people were removing them, creating access control issues. Mr. Albeit stated that there was a power failure on Friday and, as a result, the gate arms were removed but were reattached, once power was restored. The Championship Gates malfunctioned after the power failure. Mr. Turner wanted strategies in place to replace the gates and the equipment and asked why the outbound gate, at the Main Gate, was coned off for two days. Mr. Albeit stated that there was a water valve issue. Mr. Turner stated that the gate was bent down and he asked the guards to remove it to allow people through. Mr. Turner wondered why it was taking a long time to make repairs and if funds should be budgeted to replace the existing equipment. Mr. Brougham asked about the roving patrol process when a gate needed attention. Mr. Albeit stated that The Foundation s IT Department troubleshoots to determine the issue and correct it, so that the District would not have to pay for outside services. Then the IT Department contacts TEM. Mr. Turner stated that there is a volume of activity at the gates and there should be funds if the entire mechanism must be replaced, versus making band-aid repairs. Mr. Adams stated that operating funds were available to match the need of the repair 8

44 FIDDLER S CREEK CDD #1 December 7, and/or replacement on an annual basis. Parts were changed out on an as needed basis. Generally, a motor needs to be replaced. In response to Mr. Brougham s question, Mr. Adams estimated a new motor costing a few hundreds of dollars; however, gates typically break after hours, resulting in overtime charges. Mr. Brougham asked if TEM responded on an emergency basis, even if overtime was necessary. Mr. Adams replied that the District had a Preferred Client Agreement with TEM for emergencies. Mr. Brougham requested that TEM perform a complete inventory of the equipment, regarding age, service ability, expected life and replacement costs. Mr. Turner suggested evaluating the vendor. Mr. Brougham requested that TEM attend the next meeting to discuss the current contract, potential upgrades, spare parts on critical components, frequency of breakdowns over the last 18 months and a preventative maintenance contract. Mr. Albeit distributed a Safety Department Activity Log. Thermal cameras were activated on Sandpiper Drive and Championship Drive from 10:00 p.m., to 6:00 a.m., and at the main gate from 12:00 a.m., to 6:00 a.m. When a thermal camera was activated, it automatically alerts the main gate and the rover received a picture of the vehicle on their ipad. The report did not include statistics for the main gate and would be included on the next report. Mr. Albeit reported that each rover had a Global Positioning System (GPS). Mr. Charbonneau and Mr. Albeit meet weekly to discuss how the GPS was used on each shift, which averaged 100 miles per day. The morning shift was 6:00 a.m., to 2:30 p.m., the afternoon shift was 2:30 p.m., to 10:00 p.m. and the evening shift was 10:00 p.m., to 6:30 a.m. There were ping marks throughout every village and buildings, showing the movement of the rover. Every officer must complete an Activity Log. Mr. Slater asked why the thermal camera was not activated at 6:00 p.m. Mr. Albeit explained that activity at that time was extremely active and changing the time would add another burden to the guards. In response to a question, Mr. Albeit stated that the thermal cameras were activated at the Championship gate, from 10:00 p.m., to 6:00 a.m. Mr. Pires advised the Board to take the position that the GPS information for the roving patrol qualified as part of a security system plan and the records were exempt from public records requests. Mr. Slater asked why LandCare watered Fiddler s Creek Parkway every morning, versus at night when there was less traffic. Mr. Albeit stated that it was programmed this way. Mr. Slater stated that it should not be programmed in the morning between 6:00 a.m., and 8:00 a.m. 9

45 FIDDLER S CREEK CDD #1 December 7, and from 4:00 p.m., to 6:00 p.m. Ms. Crismond confirmed that the watering was operating manually and would speak to LandCare about changing the hours to the middle of the day. These were primarily wet checks. Mr. Turner reported that when the water main valve at the main gate was repaired, the area was dug up and staked with yellow security tape but not covered. Mr. Albeit stated that it was the backflow preventer for the restrooms. Mr. Brougham stated that backflow preventers must be accessible for County maintenance and no action could be taken by the District. Mr. Brougham distributed information about Antilles. Last week, Mr. Brougham, Mr. Slater and Ms. Eileen Robertson met with Mr. Dennis Albaugh, the developer of Antilles, his attorney, Mr. Richard Yovanovich and the engineer. At the neighborhood information meeting, last April, residents were against Mr. Albaugh s proposal for three story homes, with two stories over parking. Mr. Brougham felt that what Mr. Albaugh currently proposed was an improvement. Around the perimeter, which borders Mulberry, Bent Creek and Pepper Tree, Mr. Albaugh proposed two story homes, with one story over parking and pastel colors. If this was approved, Mr. Albaugh committed to plant landscaping to shield the view from the back of these homes from residents of Mulberry, Bent Creek and Pepper Tree. Mr. Slater stated that Mr. Albaugh planned a setback of 40 from the fence line, with garages in front of the property. The height of the two story homes would not exceed 35. Mr. Brougham felt that Mr. Albaugh addressed resident concerns. Mr. Albaugh was scheduling a neighborhood informational meeting in mid-january or as soon as full renderings were completed. In response to a question, Mr. Schmitt stated that the plans were not approved by the Planning Commission. ELEVENTH ORDER OF BUSINESS Public Comments There being no public comments, the next item followed. TWELFTH ORDER OF BUSINESS Adjournment There being no further business to discuss, the meeting adjourned. On MOTION by Mr. Brougham and seconded by Mr. Bergmoser, with all in favor, the meeting adjourned at approximately 9:36 a.m. 10

46 FIDDLER S CREEK CDD #1 December 7, Secretary/Assistant Secretary Chair/Vice Chair 11

47 ACTIVE ACTION ITEMS Action Item status updates to be provided prior to or at the meeting. MEETING DATE ADDED 1. 12/11/13 Per Mr. Brougham s direction, Mr. Cole, Mr. Pires and Ms. Crismond are responsible for providing Mr. Adams with a status update of their items, so Mr. Adams can update the Action Items list. STATUS: ONGOING 2. 12/11/13 Going forward, Mr. Adams will ensure that information is disseminated to all Board Members, not just Mr. Brougham. STATUS: ONGOING 3. 11/19/14 Per Mr. Brougham, Staff will communicate anything of major importance to residents, via The Foundation, such as about the tree removal referenced by Ms. Robertson, so that residents are aware of what will occur. STATUS: ONGOING 4. 06/24/15 Per Mr. Brougham, Ms. Crismond will include an informational item in the Operations Report, if an out-of-the-ordinary project was completed. STATUS: ONGOING 5. 06/22/16 District Engineer will schedule and perform a semi-annual sidewalk review for trip hazards, slip/fall, cleaning needs and structural integrity. STATUS: ONGOING 6. 10/05/16 Mr. Albeit will remind the village boards to submit their whitefly treatment data. STATUS: ONGOING 7. 10/26/16 Mr. Turner and Mr. Charbonneau will establish parameters, benchmarks or criteria that, once met, would prompt consideration of additional security coverage. Mr. Brougham wanted the parameters established and ready for inclusion on agendas, beginning in late spring or early summer, 2017, when Fiscal Year 2018 budget discussions commence. STATUS: ONGOING 8. 11/16/16 Mr. Cole will work with Southern Striping Solutions on completing sidewalk repairs. STATUS: ONGOING 9. 11/16/16 Mr. Cole will add the pavers around the Veneta fountain, at the end of Fiddler s Creek Parkway that were sinking into the ground, to the CDD #2 repair list. STATUS: ONGOING /16/16 Mr. Albeit will speak to the DRC about the clusia hedge around backflow structure. STATUS: ONGOING /16/16 Mr. Pires will send the spreadsheet detailing every piece of property conveyed to the CDD, to Mr. Cole and Mr. Adams for review and provide to the Board prior to the December meeting. Prepare a separate spreadsheet including areas within CDD property that were not conveyed. STATUS: ONGOING /16/16 Mr. Adams will speak with Mr. Albeit or Mr. DiNardo about the connection of the cameras. Per Mr. Brougham, Ms. Crismond will contact LandCare about the restoration. Sod must be added to cover the trenching down Mulberry Lane. STATUS: ONGOING 1

48 ACTIVE ACTION ITEMS Action Item status updates to be provided prior to or at the meeting. MEETING DATE ADDED /07/16 Mr. Cole will obtain a lake bank repair schedule from the contractor and inspect the Phase Six lake banks next month. STATUS: ONGOING /07/16 Mr. Cole will speak with the contractor about the sidewalk repairs along Fiddler s Creek Parkway. In some areas the orange striping was starting to wear. STATUS: ONGOING /07/16 Per Mr. Brougham, Mr. Adams will ask TEM to perform a complete inventory of the equipment, regarding age, service ability, expected life and replacement costs and attend the next meeting to discuss the current contract, potential upgrades, spare parts on critical components, frequency of breakdowns over the last 18 months and a preventative maintenance contract. STATUS: ONGOING /07/16 Ms. Crismond will speak to Landcare about changing the watering hours on Fiddler s Creek Parkway to the middle of the day. STATUS: ONGOING / 2

49 COMPLETED ACTION ITEMS MEETING DATE MOVED TO COMPLETED 1. 10/05/16 Ms. Crismond to provide the landscape contract bids for consideration at the December meeting. STATUS: COMPLETED 2. 10/26/16 As requested by Mr. Brougham, Mr. Adams will include all resolutions on the website with an index. STATUS: COMPLETED 3. 10/26/16 Mr. Adams will provide information to the Board for a capital improvement program to identify aging assets and issuing bonds to fund the improvements. STATUS: COMPLETED 4. 10/26/16 Mr. Brougham directed Ms. Crismond to locate a vendor that will source, acquire, plant and maintain seasonal flowers. STATUS: COMPLETED 5. 10/26/16 Ms. Crismond to advise LandCare that they must increase the maintenance, with their detail crew working on the flower beds because the crew should be taking more care. STATUS: COMPLETED 6. 10/26/16 Ms. Crismond will the Board Member who asked for an with the details of the tree approvals. STATUS: COMPLETED 7. 10/26/16 For the next meeting, Mr. Brougham directed Mr. Adams to speak with CDD #2 regarding the shared cost items. STATUS: COMPLETED 8. 10/26/16 Mr. Brougham directed Ms. Crismond to procure proposals for shrubbery. STATUS: COMPLETED 9. 10/26/16 Staff to prepare a letter requesting relocation of the Main Entry Models For Sale sign further away from the monuments. STATUS: COMPLETED /26/16 Consideration of proposals for LAC proposed landscaping to be considered at the July meeting. STATUS: COMPLETED /26/16 Per Mr. Turner s request, Mr. Adams to provide a spreadsheet detailing projected expenditures for October through December, STATUS: COMPLETED /26/16 Ms. Crismond to resend paperwork about the gates to Alison. STATUS: COMPLETED /26/16 Mr. Brougham directed Mr. Cole to prepare a report, for presentation at the July meeting, answering the questions posed regarding water management work performed by LakeMasters and other questions regarding whether annual reports are submitted and to whom they are submitted. STATUS: COMPLETED /26/16 Per Mr. Pires suggestion and Mr. Brougham s direction, annual monitoring reports to be posted on the CDD website. STATUS: COMPLETED 3

50 COMPLETED ACTION ITEMS MEETING DATE MOVED TO COMPLETED /26/16 Mr. Adams to research whether a $150,000 loan could be procured for a two-year period. STATUS: COMPLETED /26/16 District Engineer to inspect the bulkhead and, if structurally sound, delaying the bulkhead project. STATUS: COMPLETED /26/16 Mr. Brougham asked what redress the Board would have if a financial penalty was not allowed for non-performance for the audit. Mr. Pires would research the statutes. STATUS: COMPLETED /26/16 Mr. Brougham wanted clarification regarding responsibility to repair trip hazards in situations between privately owned pavers and public sidewalks. STATUS: COMPLETED /26/16 Mr. Brougham directed Management to inspect the pavers under park benches throughout the community, which require repair. STATUS: COMPLETED /26/16 Regarding lake and wetland maintenance, Mr. Pires noted that Mr. Adams s recommendation was different from the July 13, 2016 Memorandum and felt that the record should be clear and suggested that Mr. Adams modify when maintenance activities were scheduled. Mr. Pires wanted the record to reflect that the recommendation was modified, as indicated by Mr. Adams. Mr. Adams stated that the memo would be modified for the file. STATUS: COMPLETED /26/16 Mr. Brougham recommended that the District pay to install shielding landscaping, on three sides, around the backflow. Ms. Crismond would secure proposals for the project. STATUS: COMPLETED /26/16 Mr. Brougham suggested that the District offer plans to improve the empty land in the same vicinity. Ms. Crismond would secure proposals for that project, as well. Mr. Albeit did not realize the plot was District land and agreed to obtain proposals. STATUS: COMPLETED /26/16 Regarding The Foundation s request for an easement for a boat ramp, Mr. Pires to check with Bond Counsel to ensure that it would not pose an issue with leasing or licensing of District land, to the extent that it would be for recreational use of bond proceeds. STATUS: COMPLETED /26/16 Mr. Pires to draft an easement. STATUS: COMPLETED /26/16 Staff would obtain bids for the sidewalk repair project. STATUS: COMPLETED /26/16 Mr. Pires to record the Easement, once executed and the corrected Exhibit A is attached. STATUS: COMPLETED /26/16 Mr. DiNardo to proceed with the boat launch project unless advised to stop work. STATUS: - COMPLETED 4

51 COMPLETED ACTION ITEMS MEETING DATE MOVED TO COMPLETED /26/16 At the November meeting, Ms. Crismond would provide details of the number of flower rotations previously approved. STATUS: COMPLETED /26/16 Mr. Brougham directed Ms. Crismond to emphasize his concerns about the low ratio of citations issued, compared to the high number of warnings issued, to the Sheriff s Department. STATUS: - COMPLETED /16/16 The Board directed Ms. Crismond to raise the spray height behind the new flowers. STATUS: COMPLETED /16/16 Mr. Cole to inspect and prioritize work to be included in Phase 6. STATUS: COMPLETED /16/16 Mr. Cole to speak to Mr. Alfredo Molina, of LandCare to add more backfill by the sidewalk across from Cascada, on the north side of Fiddler s Creek Parkway. STATUS: COMPLETED /16/16 Mr. Adams to provide Form 1F, Final Statement of Financial Interests to Mr. Peterson. STATUS: - COMPLETED /16/16 Mr. Cole to take pictures of the retaining wall with large bricks that holds fill at the Marsh Cove entrance and provide to the golf course. Some bricks are displaced or fell down. STATUS: COMPLETED 5

52 TO: FROM: Fiddlers Creek CDD #1 Board of Supervisors Cleo Adams Assistant Regional Manager DATE: January 25, 2017 SUBJECT: Monthly Status Report Field Operations Lake Maintenance: Lake tour has been scheduled for Thursday, February 17 th. Landscape: Staff continues to tour/review the property to ensure project completions as well as day to day activities are being met. Staff toured on December 7 th, Friday December 16 th and Friday, January 13 th. Note: Royal Palms located on Sandpiper as well as the Parkway, just before the gatehouse have been replaced. Club Center BackFlow Structure: For Board discussion/consideration Landscape Design Proposal received from our Landscape Architect Dale Slabaugh for the amount of $ Information previously provided to the DRC for consideration/approval to plant/buffer the equipment with a hedge was denied. The DRC has requested that the District resubmit with a complete application to include a survey denoting exact location, landscape plan which conforms to any applicable code requirements, written confirmation that the District will be responsible for all cost of install as well as maintenance, as well as written approval from Cathy Feser. Flower Change-out: Spring change-out is scheduled for the first week of February. Flowers consist of Dusty Miller and Pink/Purple Petunias. Note: Numerous Red Salvia located at the gatehouse died due to clogged irrigation heads over the weekend of January 13 th. Landcare has ordered and will be replacing approximately 200 no later than Friday. Bougainvillea s: In December, Staff identified several locations in the center medians that defoliated due to fungus. They were treated and fertilized on December 6 th and have shown much improvement. WhiteFly: Dr. Doug Caldwell will be a guest speaker at the next Village Council meeting, which has been scheduled for Tuesday, March 21 st. Representatives of the District will be in attendance for that meeting.

53 Palm Pruning/Pine Straw: Reported incorrectly at the December meeting, Staff has identified several locations that have not been completed. Note: Hardwood Pruning exercise is currently underway. This includes lifting, pruning clearance of roadways, etc. Pruning of all flowering trees will be completed in the late Spring. (Cassia, Crape-Myrtle, Orchid & Royal Poinciana). Mahogany Bend Drive: Open Space Buffer/Drainage area abutting Lake Tract 22 to be discussed as an agenda item, and is included in the agenda package. Irrigation Water Quality: It has been brought to Staff s attention that there have been challenges with clogged heads. Monday, November 16 th MRI inspected and cleaned the pump intakes located on Creative Drive. There was an abundance of bryazoa found from that inspection. Staff would like the Board to consider changing out the current treatment method and installing an automatic chemical injector feed that has the ability to chemically treat all lines, etc The cost for this install is $16K, with on-going monthly maintenance of $ This procedure was installed at another Client location. Since the install, the wells have gone from monthly dive cleaning to yearly. Note: This in no way will bring resolution to resolving Bryazoa growing in the lines, however this form of treatment has a tremendous amount of cost savings to the District. Note: Current chemical treatment method is not as optimal as it should be. The Intake and Recirculation treatments have been increased to two times per week, to the wet wells. Irrigation Meeting Report: Irrigation meeting was held on December 19 th, Representative for the District in attendance was Alfredo Molina. Wesco held a Toro Certification Class on Monday, January 16 th (8:00 am to Noon), in which Landcare attended as well. Note: Irrigation site survey report provided by Kevin Powers of Wesco Turf is attached. The District is in the process of addressing the items identified in the report. Mulberry: Staff has identified required fence repairs and has provided to Coastal Concrete. Gatehouse Backflow: At the December meeting there was some discussion/request that a cover be placed over the above ground backflow. Upon discussion with Terry Cole, he has indicated that it must remain as is; as this is the County standard for backflows. Pressure Cleaning: Staff has identified sidewalk locations that require cleaning. Florida Painters has been contacted and advise to schedule. (Intersection of Sandpiper/Parkway) Glades Road, Suite 410W Boca Raton, FL Craig A. Wrathell President & Partner Toll-Free: Office: Fax: Pfilip G. Hunt, Jr. Vice President & Partner

54 Patrol Services: The Sheriff s Department is currently patrolling daily (7 days per week) through the month of February. As of Monday, January 16 th : Stats Provided: Total Stops: 23, (5) Details, (16) Warnings and (5) Citations issued. (19) to Residents; (1) to Guest and (3) to Vendors. STOP sign: 21 Speeding: 01 Other: 01 Note: Staff has contacted the Sherriff s Department advising that the Stats are not being submitted. Note: March thru the Easter Holiday (Sunday, April 16 th ); patrols will continue at 2 days per week, 4 hour patrols Glades Road, Suite 410W Boca Raton, FL Craig A. Wrathell President & Partner Toll-Free: Office: Fax: Pfilip G. Hunt, Jr. Vice President & Partner

55 1/9/17 Mr. Jim Vajan Fiddler s Creek Dear Jim, The following information was gathered during my visit last week as I performed a detailed site survey. Many of the controller sites Richard and I visited showed improper or poor maintenance practices. Our goal is to educate the property managers so they can provide quality maintenance for your properties. Regards, Kevin Powers Field Service Manager The following is a list of test results from our survey. A reading of 85 decibels is considered passing. Anything above 85 db is going to provide marginal connectivity. Anything below 85db is considered exceptional. Our baseline readings recorded outside of the golf maintenance facilities was exactly 30db. This is as good as it gets. Group Controller Location Signal Reading Radio Type Comments 1 1 Sales Center 80db Motorola Pass 1 2 Guard House 85db Motorola Pass 2 3 Whisper Chase 81db Motorola Pass 2 4 Bent Creek 96db Maxon Add Antenna

56 Group Controller Location Signal Reading Radio Type Comments 2 5 CDD 93db Motorola Add Antenna 2 6 PepperTree 81db Motorola Pass 2 7 Mulberry Row 88db Motorola Pass 2 8 Second Tunnel 75db Motorola Pass 2 9 Club & Spa 88db Motorola Pass 2 10 Third Tunnel 96db Motorola Add Antenna 2 11 Cotton Green 71db Motorola Pass 2 12 Deer Crossing 88db Motorola Pass 2 13 CDD 85db Motorola Pass 2 14 Champ Mulrow 86db Motorola Pass 2 15 Hawks Nest 91db Motorola Add Antenna 2 16 Mallard Landing 76db Motorola Pass 2 17 Cardinal Cove 91db Motorola Add Antenna 2 18 CDD Guardhouse 2 90db Motorola Add Antenna 2 19 Isla Del Sol 70db Motorola Pass 2 20 CDD at 4 th Tunnel 71db Motorola Pass 2 21 Cascada 79db Motorola Pass 2 22 Mahogany Bend 90db Motorola Add Antenna 2 23 Majorca 88db Motorola Add Antenna 2 24 Bellagio 79db Motorola Pass 2 25 Montreux 91db Motorola Add Antenna 2 26 Cherry Oaks 82db Motorola Pass 2 27 Cranberry Crossing 58db Motorola Pass 2 28 FCP North 96db Motorola Add Antenna 2 29 CDD Varenna/Laguna 96db Motorola Add Antenna 2 30 Luguna 92db Motorola Add Antenna 2 31 Varenna 91db Maxon Add Antenna 2 32 Club Center 78db Motorola Pass

57 Group Controller Location Signal Reading Radio Type Comments 2 33 Venetta 90db Motorola Add Antenna 2 34 Sandpiper Drive 67db Motorola Pass 2 35 Serena 87db Maxon Add Antenna 2 36 Menaggio 93db Maxon Add Antenna 2 37 Venetta Wall 75db Maxon Pass 2 38 Merengo 61db Maxon Pass 2 39 Sauvignon 75db Maxon Pass 2 40 Millbrook 70db Maxon Pass 2 41 Chiasso I 71db Maxon Pass 2 42 Sandpiper II 82db Motorola Pass 2 43 Campanile Buffer 74db Maxon Pass 2 44 Calista I 67db Maxon Pass 2 45 Calista II 53db Maxon Pass 2 46 Sandpiper III 66db Motorola Pass 2 47 Amador 91db Motorola Add Antenna 2 48 Millbrook II 70db Maxon Pass 2 49 Marsh Drive 58db Maxon Pass 2 50 Marsh Cove Entry 75db Maxon Pass 2 51 Runaway Bay South 89db Maxon Add Antenna 2 52 Chiasso II 86db Maxon Pass 2 53 Runaway Bay North 71db Maxon Pass 2 54 Runaway Bay North II 71db Maxon Pass 2 55 Runaway Bay South II 88db Maxon Pass 2 56 Lagomar on Carmini I 68db Maxon Pass 2 57 Lagomar on Carmini II 74db Maxon Pass 2 58 Millbrook III 55db Maxon Pass

58 We also tested the four corners of the property to gather signal readings. South Gate Signal 55db Gate House Champ Drive Signal 88db Club & Spa Callista Signal 75db Signal 59db The following are some of the pictures I took showing issues that need to be corrected. Someone decided it was a good idea to throw Orothene powder all over the timing plate on this controller. Terrible as the petroleum based product will damage the components.

59 Controller cabinet left open to the elements and pests.

60 This antenna is mounted completely wrong. A Yagi antenna is directional and should be mounted horizontally and aligned with the base station antenna back at the golf operations facility.

61 This controller is full of Fire Ants and their nesting materials. Ants will short out the electrical components.

62 This controller is infested with Fire Ants as well.

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