Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. The regular meeting of the Board of Supervisors of the Preserve at Wilderness Lake Community Development District was held on Wednesday, December 3, 2014 at 6:30 p.m. at The Preserve at Wilderness Lake Activity Center at the Lodge located at 21320 Wilderness Lake Boulevard, Land O Lakes, Florida, 34637. Present and constituting a quorum: Lou Weissing Board Supervisor, Chairman Beth Edwards Board Supervisor, Vice Chairman Scott Diver Board Supervisor, Assistant Secretary Julie Hankins Board Supervisor, Assistant Secretary Angelo Daniel Board Supervisor, Assistant Secretary Also present were: Scott Brizendine District Manager, Rizzetta & Company, Inc. Clifton Fischer District Manager, Rizzetta & Company, Inc. John Toborg Operations Manager, Rizzetta & Company, Inc. Vivek Babbar District Counsel, Straley & Robin Kelly Evans RASI Terri Spicola Event Coordinator Tish Dobson Lodge Manager Audience FIRST ORDER OF BUSINESS Call to Order Mr. Brizendine called the meeting to order and performed roll call confirming a quorum for the meeting. Ms. Hankins asked all those in attendance to join her in reciting the pledge of allegiance. SECOND ORDER OF BUSINESS Administration of Oath of Office to Newly Elected Supervisors Mr. Brizendine administered the oath of office to Ms. Edwards and Mr. Diver individually. Both swore and affirmed to the oath as read into the record. He stated that as a normal course of business whenever new Supervisors are sworn in he generally reviews the form 1 and sunshine law requirements. However, both Ms. Edwards and Mr. Diver have served for a number of years and are well aware of the requirements.
Page 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 THIRD ORDER OF BUSINESS Consideration of Resolution 2015-01, Redesignating Officers Mr. Brizendine stated that following an election, it is customary to review the slate of officers including the Chairman, Vice Chairman, and Assistant Secretaries. He asked that he and Clifton Fischer be appointed as Assistant Secretaries for signatory purposes. Ms. Hankins announced that she would like to step down as Chairman and nominated Lou Weissing to serve as Chairman. On a Motion by Ms. Hankins, seconded by Mr. Daniel, with all in favor, the Board of Supervisors appointed Lou Weissing as Chairman for the Preserve at Wilderness Lake Community Development District. Mr. Diver nominated Beth Edwards to serve as Vice Chair. On a Motion by Mr. Diver, seconded by Mr. Daniel, with all in favor, the Board of Supervisors appointed Beth Edwards as Vice Chairman for the Preserve at Wilderness Lake Community Development District. On a Motion by Ms. Hankins, seconded by Ms. Edwards, with all in favor, the Board of Supervisors approved Resolution 2015-01, designating Lou Weissing as Chairman, Beth Edwards as Vice Chairman, and Julie Hankins, Scott Diver, Angelo Daniel, Scott Brizendine, and Clifton Fischer as Assistant Secretaries for the Preserve at Wilderness Lake Community Development District. FOURTH ORDER OF BUSINESS Audience Comments/ Board & Staff Responses Resident comments were entertained regarding the possibility of webcasting meetings, the need to put vendors on notice that they will be expected to hold or reduce fees for the next year s budget, and concerns with having revenue generated at the clubhouse being put into the general fund. A brief discussion was also held regarding what can legally occur relative to posting specific religious holidays or events on the calendar, event board, or in the newsletter; to include Staff wishing residents a Merry Christmas, Happy Hanukah, etc. The Board indicated that there have never been any restrictions regarding residents holding religious celebrations at the clubhouse, as long as District funds are not being expended on them. Mr. Babbar informed those in attendance that the courts have deemed that Christmas is not only a religious event but a cultural period of time and has historical roots, so it is not illegal to say Merry Christmas or display holiday decorations including Christmas trees. The key is that the District can not expend funds to host specific religious events or promote one religion over another.
Page 3 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 Discussion was held in response to the other resident comments relative to the budget and general store revenue. It was noted that while that revenue generated at the Lodge is not kept separate from other sources of revenue, Staff is tracking those funds and was given direction to utilize those funds to cover the cost of events as budgeted. Should revenue sources be less than what was budgeted costs must be reduced in kind. It was noted that excess revenue should be used for additional events and there is a comparison of income and expenses for events included in the agenda books each month. Ms. Edwards stated that she does not feel that the Board left any money on the table when it was establishing the current budget and assessments are back to the same level as they were years ago. She stated that the Board worked very hard to balance the needs of an aging community and reduced costs as much as possible. FIFTH ORDER OF BUSINESS Board Supervisor Requests and Walk-on Items Requests were made for specific items to be included on the agenda for the January workshop to include a review of the budget, reserves, the general store, lodge playground, guard station, and a structure for the Town Hall meeting. Mr. Diver requested that copies of the resident emails from Mr. Fischel and Mr. Gill be included with the minutes of this meeting and a brief discussion ensued. Concern was expressed with including emails that may not contain accurate information and a preference stated for them to be included with the Management Report as a checklist of emails received. Mr. Brizendine explained that any email that gets sent to a Board member becomes a matter of public record and his concern is that he would not want to see a resident embarrassed by an email that was sent in a moment of frustration. The emails can be summarized if that is what the Board wants. Mr. Weissing indicated that he would not be in favor of including the emails with the minutes as it is not a practice that has been in place prior to tonight and is not on the agenda for discussion and Board action. Mr. Weissing addressed the limitations the Board faces regarding communication between meetings that lead to decisions on particular topics taking several months to occur. He also noted his long term goals for the community over the next two years. (A brief recess was taken at 7:45 p.m. The meeting reconvened at 7:50 p.m. with all Supervisors in attendance at the break still in attendance.) SIXTH ORDER OF BUSINESS District Counsel s Report Mr. Babbar led discussions on public records regulations, reminding the Board, Staff, and members of the general audience of the need to retain any emails, text, facebook comments, etc. regarding District matters as they are a matter of public record.
Page 4 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 Mr. Babbar stated that the period of time that such items need to be retained varies and is determined by the Florida Division of Library and Information Services. He recommended that texting or social media not be used to discuss or comment on District matters, because it is not only difficult to retain the material but could result in inadvertent sunshine law violations. A brief discussion ensued regarding the use of private email accounts versus the District email accounts. It was stated that the reason for establishing the District account was to create one central master account where the information could be stored indefinitely and individual Board members would not have to create a folder for them. Mr. Babbar opined that the choice of what email address to utilize is up to the individual Supervisor, providing they maintain them appropriately and the website has the correct information listed on it prior to October of 2015. However, maintaining District information with personal records could lead to personal information being released in the event of a records request. SEVENTH ORDER OF BUSINESS Discussion Regarding Web-casting Meetings Mr. Brizendine stated that a request was made to web-cast meetings and he verified that the District s website does have the capability of doing so if this is something the Board wants to consider. Discussion was held regarding the pros and cons of web-casting meetings and it was ultimately decided against pursuing this avenue of communication for the residents. Other means of improving communication were discussed, such improving the functionality of viewing the agenda books, minutes, etc. on the website, providing a brief summary of items discussed during the meeting for posting on the website, in the newsletter, and in an e-blast that would provide highlights of what was discussed during the last meeting without a lot of details. Residents would be directed where to go to obtain additional information on topics they would like more information on. On a Motion by Mr. Diver, seconded by Ms. Hankins, with all in favor, the Board of Supervisors directed Staff to prepare a bullet point summary of meetings for Board review and then distribution to residents via e-blast, the website, and the newsletter for the Preserve at Wilderness Lake Community Development District. (A brief recess was taken at 8:45 p.m. The meeting reconvened at 8:50 p.m. with all Supervisors in attendance at the break still in attendance.) EIGHTH ORDER OF BUSINESS Review of Financial Information Mr. Brizendine stated that a copy of the reserve study completed by Mr. Cawthra was distributed to the Board, but Mr. Cawthra was unable to attend this evening s meeting. Discussion was held regarding the amount included for roof replacement, the need to combine the new spreadsheet with the old one, and options for determining how much the Board should be funding for the reserves on an annual basis, as well as the process for paying invoices out of the reserve account. It was noted that there were a few expenses paid out of the general fund last year that should have come out of the reserve account. Staff recommended that these be deducted from the $200,000 that was borrowed to cover expenses until assessments start to come in from the County.
Page 5 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 The Board decided to continue discussions on the reserve study until the January meeting and took the following Board action relative to formalizing the process of obtaining Board approval prior to payments out of the reserve account. On a Motion by Ms. Edwards, seconded by Mr. Diver, with all in favor, the Board of Supervisors approved a policy requiring Board approval before processing payment of invoices out of the reserve account for the Preserve at Wilderness Lake Community Development District. A lengthy discussion was held regarding the tax roll revenue and the event budget vs current spending levels. Ms. Edwards emphasized that the budget includes projected revenue, as well as approved expenditures associated with the Lodge and it is imperative that the two items remain connected and that both Management and Staff understand that unless revenues increase, spending cannot. It was stated that it really doesn t matter what the source the revenue is (event fees or sponsorships). Members of the Board expressed their concerns and opinions on the topic and it was decided to include the event budget as a separate agenda item going forward. It was noted that the status of the operating budget does not need to be included as a separate agenda item, providing the financial statement is included in the agenda book. NINTH ORDER OF BUSINESS General Interest Items A. District Engineer It was stated that there was nothing new to present at this time; therefore, District engineer is not in attendance. B. Lodge Manager Ms. Dobson asked if there were any questions on the report and a brief discussion ensued regarding whether the residents on Cormorant Cove were informed of the status of the project as requested last month. Ms. Dobson stated that they have not been yet as she does not have the details from Gaydos as to the timing and plant selection. (A brief recess was taken at 9:40 p.m. The meeting reconvened at 9:45 p.m. with all Supervisors in attendance at the break still in attendance.) Ms. Dobson briefly reviewed her report, stating that she and Amy completed the inspection of the sidewalks in front of District property. Mr. Brizendine stated that the sidewalks are not owned by the District, so the Board needs to decide if they want to take on the responsibility of making repairs. He stated that in his mind there is a difference between maintenance, such as pressure washing, etc, and repairs. Discussion ensued regarding this distinction, the potential for future damage due to the location of street trees, and concerns with safety hazards that exist. A recommendation was made that the District Engineer be asked to get involved in determining costs, etc. before a final decision is made.
Page 6 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 In a Motion by Ms. Edwards, seconded by Mr. Daniel, with all in favor, the Board of Supervisors directed Staff to prepare a priority list of monuments and islands that need repairs and to obtain quotes for those repairs and authorized District Engineer s involvement if necessary for the Preserve at Wilderness Lake Community Development District. Ms. Hankins recommended that the Lodge Store discussions be tabled until the workshop. Ms. Dobson asked that she be provided with a budget to work with in creating the plan and it was noted that the focus should not be on making money, but rather staying within the budgeted expenses. Any excess revenue would be a bonus. In a Motion by Mr. Diver, seconded by Ms. Hankins, with all in favor, the Board of Supervisors approved tabling discussion on the Lodge General Store plan of action until the January workshop for the Preserve at Wilderness Lake Community Development District. C. Operations Manager Mr. Brizendine touched briefly on the inspection report, noting that the issues mentioned behind the fence on the café property were found to be not on District property and therefore the requested proposal was not actually needed. Discussion was held regarding concerns with maintaining property not owned by the District, especially given the performance of the landscapers. Mr. Brizendine confirmed that the RFP for landscaping services will be forwarded to District Counsel for review shortly. Discussion was held regarding the fact that it is obvious that Luke Brothers under bid the project and they can expect to see an increase in the contract. Concern was expressed with the new plantings that were just installed and keeping the vendor beyond the 30-day notice. A motion was made and seconded that a temporary solution be put in place once Luke Brothers is given their 30-day notice. Ms. Edwards questioned the validity of assuming that things couldn t get worse and whether it might not be better to wait it out. Mr. Brizendine noted that any temporary firm would charge a premium rate and they would not be familiar with the property and would therefore be prone to missing things. He stated that they could ask Luke Brothers to change out some of the plantings if the Board so desires. In a Motion by Ms. Hankins, seconded by Mr. Daniel, with all opposed, the Board of Supervisors failed to approve hiring a temporary firm to provide landscaping services between the period of finalizing a new contract and providing Luke Brothers with their 30-day notice for the Preserve at Wilderness Lake Community Development District. Ms. Edwards inquired as to the status of the rust control and asked that Mr. Brizendine follow-up on this item.
Page 7 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 TENTH ORDER OF BUSINESS Consideration of Minutes of the Board of Supervisors Meeting Held on October 1, 2014 On a Motion by Ms. Hankins, seconded by Ms. Edwards, with all in favor, the Board of Supervisors approved the minutes of the Board of Supervisors meeting held on October 1, 2014 as presented for the Preserve at Wilderness Lake Community Development District. Mr. Brizendine stated that he would be working with Mr. Weissing regarding the layout of the agenda and the administrative items can be moved back up to the front of the agenda if he so desires. ELEVENTH ORDER OF BUSINESS Consideration of Operation and Maintenance Expenditures for September and October On a Motion by Ms. Hankins, seconded by Ms. Edwards, with all in favor, the Board of Supervisors ratified the operation and maintenance expenditures for September totaling $122,664.20 and October totaling $148,965.94 for the Preserve at Wilderness Lake Community Development District. TWELFTH ORDER OF BUSINESS Discussion Regarding Roofing Consultant Mr. Brizendine informed the Board that the resident who offered to assist with the roofing project was interested more in the preparation of the scope of service and oversight, and has indicated that given that the District has already obtained a few proposals, he would prefer not to get involved with the project. Ms. Hankins recommended that the proposals obtained be thrown out and a scope of services be written by an outside firm and the project re-bid. The consulting firm would then be responsible for oversight. Mr. Diver expressed his preference that a roofer be selected from the existing bids as timing for completion of the project is a concern. A recommendation was made that Management reach back out to the resident and to Mr. Geesey asking for revised proposals that tie into what the District discussed and to attend the January meeting. On a Motion by Mr. Daniel, seconded by Ms. Hankins, with all in favor, the Board of Supervisors authorized Management to re-engage with the resident (Jason) and Mr. Geesey and request pricing for writing a scope of service, review of bids, and oversight of the project for the Preserve at Wilderness Lake Community Development District. Mr. Weissing will serve as the liaison for the project.
Page 8 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 THIRTEENTH ORDER OF BUSINESS Staff Reports A. District Manager Mr. Brizendine informed the Board that the CD with Florida Bank is maturing and sought direction regarding whether or not the Board wants to cash it out or roll it over. On a Motion by Ms. Edwards, seconded by Ms. Hankins, with all in favor, the Board of Supervisors authorized Management to roll the CD from Florida Bank over for the Preserve at Wilderness Lake Community Development District. FOURTEENTH ORDER OF BUSINESS There were no Supervisor requests put forward. SIXTEENTH ORDER OF BUSINESS Supervisor Requests Adjournment On a Motion by Ms. Edwards, seconded by Ms. Hankins, with all in favor, the Board of Supervisors adjourned the meeting at 11:10 p.m. for the Preserve at Wilderness Lake Community Development District. Assistant Secretary Chairman/Vice Chairman