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 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, September 2, 2015 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 Beth Edwards Scott Diver Angelo Daniel Also present were: Clifton Fischer John Vericker Tonja Stewart John Toborg Kelly Evans Mariah Lacy Audience FIRST ORDER OF BUSINESS Board Supervisor, Chairman Board Supervisor, Vice Chairman Board Supervisor, Assistant Secretary Board Supervisor, Assistant Secretary District Manager, Rizzetta & Company, Inc. District Counsel, Straley & Robin District Engineer, Stantec Consulting Field Operations, RASI RASI Resident Services Coordinator Call to Order Mr. Weissing called the meeting to order and Mr. Fischer read the roll call confirming a quorum for the meeting. Mr. Weissing asked all those in attendance to join him in reciting the pledge of allegiance. SECOND ORDER OF BUSINESS Consideration of Board Supervisor Resignation (Julie Hankins) Mr. Fischer announced that he received an email from Ms. Hankins expressing her desire to resign effective immediately. On a Motion by Ms. Edwards, seconded by Mr. Daniel, with all in favor, the Board of Supervisors accepted the resignation of Julie Hankins as Board Supervisor for the Preserve at Wilderness Lake Community Development District.
Page 2 45 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 79 80 81 82 83 84 85 A brief discussion ensued regarding the options for filling the vacancy and the following Board action taken: to post the upcoming the newsletter and send out an e-blast with a deadline to submit resumes of no later than October 14, 2015. Mr. Daniel will act as the Board liaison on this matter. It was noted that the current meeting schedule should be included in the notice as this may impact their ability to serve and that potential candidates should include their phone numbers on the resumes. On a Motion by Mr. Weissing, seconded by Ms. Edwards, with all in favor, the Board of Supervisors approved posting the opening in the upcoming newsletter and via an e-blast with a deadline for interested parties to submit resumes no later than October 14, 2015 (any resumes received after that date will not be considered) with the Board considering the appointment of a replacement Supervisor during the November meeting for the Preserve at Wilderness Lake Community Development District. THIRD ORDER OF BUSINESS Presentation by Rizzetta Amenity Services Ms. Evans introduced Mariah Lacy as the new Resident Services Coordinator and provided a brief overview of her responsibilities. She reviewed the events planned for the first quarter of the new fiscal year and responded to Board questions regarding them. Ms. Evans confirmed that she continues to interview candidates for the Event Coordinator position, but has not found the right person to fill the position to date. FOURTH ORDER OF BUSINESS Audience Comments/ Board & Staff Responses The Board responded to a request from a resident who would like to have the contract requirement waived for the tennis lessons that he provides to resident, whether the resumes received for the Supervisor seat will be screened or all of them will be reviewed by the full Board, and concerns with drainage into Wetland ponds. The Board indicated that it was not willing to make an exception to the current policy for vendors and that all resumes will be reviewed by the Board. A request was made that a separate agenda item be on next month s agenda to discuss the wetland drainage concerns. FIFTH ORDER OF BUSINESS Board Supervisor Requests and Walk on Items Mr. Diver asked that contractors be contacted regarding obtaining options to address sidewalks that are being lifted by Oak trees. It was noted that currently this is the responsibility of the individual and the HOA has an established procedure in place to address this issue.
Page 3 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 SIXTH ORDER OF BUSINESS Minor revisions were requested to lines 50 and 187 of the minutes. Consideration of Minutes of the Board of Supervisor s Meeting Held on August 5, 2015 approved the minutes of the Board of Supervisor s meeting held on August 5, 2015, as amended, for the Preserve at Wilderness Lake Community Development District. SEVENTH ORDER OF BUSINESS Consideration of Operation and Maintenance Expenditures for July Ms. Edwards noted that the expenses related to the Deerfield drainage matter were not broken out as requested. Mr. Fischer stated that he had addressed this matter with accounting already and confirmed that he would have accounting go back and move the expenses as discussed. Discussion was also held regarding funding for expenses for the first couple of months of the new fiscal year. Mr. Fischer stated that he would provide the Board with an estimated amount prior to next months meeting and place it on the agenda for approval next month. On a Motion by Mr. Diver, seconded by Ms. Edwards, with all in favor, the Board of Supervisors ratified the operation and maintenance expenditures for July totaling $282,673.88 for the Preserve at Wilderness Lake Community Development District. EIGHTH ORDER OF BUSINESS Review of Financial Information Ms. Edwards asked that copies of both the Fiscal Year 2014/2015 and 2015/2016 budgets be included in the agenda book for the next few months. approved the inclusion of both the Fiscal Year 2014/2015 and 2015/2016 budgets in the agenda book for the next few months for the Preserve at Wilderness Lake Community Development District. NINTH ORDER OF BUSINESS Discussion on District CD Mr. Fischer stated that he was informed by the finance department that the District has a CD coming due and they are recommending that the Board approve rolling over the CD for another five year term. Discussion was held regarding other District CD s and the fact that they are laddered, so that they do not all come due at the same time. It was noted that the amounts for each CD are stated in the financial statements. On a Motion by Mr. Weissing, seconded by Mr. Daniel, with all in favor, the Board of Supervisors approved extending the term of the District s CD that is coming due on September 8, 2015 for another 5 years for the Preserve at Wilderness Lake Community Development District.
Page 4 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 TENTH ORDER OF BUSINESS Staff Reports A. District Counsel s Report Mr. Vericker spoke regarding the rising number of requests for the District to address trees that have fallen or are in danger of falling as a result of the large amount of rainfall that has occurred. He recommended that the Board consider either adopting or updating a tree policy. Ms. Edwards spoke regarding the existence of three related policies and further discussion ensued. B. District Engineer Ms. Stewart reported that she and Mr. Diver met with Deerfield residents to discuss the Deerfield drainage issues, as requested by the Board last month, and came up with four options, including replacing the existing 6 underdrain with a 12 underdrain, removing hedges on CDD owned land, regrading of back yards, and the construction of a retaining wall along the CDD owned landscaped berm behind the Eshelman s lanai door stoop. These items were discussed during the latest field meeting and she obtained pricing for those options. She reminded the Board that during previous site visits during heavy rainfall, no drainage problems were observed. Mr. Diver led discussions regarding the options and recommended that the Board only approve replacing the existing 6 inch drain system with a 12 pipe. Ms. Stewart responded to questions regarding the construction of the retaining wall as part of the regrading project and the removal of the hedge. She confirmed that the regrading would be on private property. She concurred with Mr. Diver s recommendation. A representative from the HOA spoke regarding her understanding of what was discussed during the field meeting. Mr. Vericker spoke regarding the legal ramifications for the District to approve all of the options available to the Board. He stated that the Board would have to make a determination that replacing the existing drainage pipe with the 12 pipe has a public purpose and is needed to improve the drainage of stormwater District wide. It would also need to be contingent upon receipt of a written easement consent form from all affected property owners authorizing the expanded drainage pipe. Mr. Vericker stated that if the Board wants to include any regrading it would have to be deemed essential to the overall District drainage system and based on recommendations from the Engineer s findings. He emphasized that consent from all of property owners would need to be obtained. Individual Supervisors, the District Engineer, and residents discussed the options and whose responsibility each option would be. Ms. Stewart stated that there is no simple solution to the situation as they are trying to make water flow in a direction contrary to the approved grading plans. She expressed her frustration with the discussion because she thought the options being presented were agreed upon at the last field meeting and would be acceptable for approval at this meeting and being asked to come up with a plan that will not fail as there are too many moving factors and too many parties involved to make that a reasonable expectation.
Page 5 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 Mr. Weissing made a motion to table the matter for another month to consider that the District only look at considering options one (the drainage pipe) and three (installing the wall), and authorize Counsel to draft a release removing the District from any further responsibility. Ms. Edwards seconded the motion and additional discussion ensued. Mr. Weissing stated that time is needed to develop a plan to determine which entities will be funding the various proposed options. Opinions against the motion were expressed by both other Board Supervisors and residents. The following Board actions were taken: On a Motion by Mr. Weissing, seconded by Mr. Diver, with one in favor (Lou Weissing) and three against (Beth Edwards, Angelo Daniel, and Scott Diver), the Board of Supervisors failed to table action on the drainage matter, to strike items three and four, and did not authorize Counsel to draft the release for the Preserve at Wilderness Lake Community Development District. On a Motion by Mr. Diver, seconded by Mr. Daniel, with all in favor, the Board of Supervisors approved replacing the 6 pipe with a 12 pipe contingent upon receipt of the required written easements from affected property owners for the Preserve at Wilderness Lake Community Development District. On a Motion by Ms. Edwards, seconded by Mr. Daniel, with two in favor (Beth Edwards and Angelo Daniel and) and two against (Lou Weissing, and Scott Diver), the Board of Supervisors failed to approve splitting the cost with the HOA /Homeowners to construct the block wall contingent upon receipt of the required written easements from affected property owners for the Preserve at Wilderness Lake Community Development District. Mr. Vericker stated that based on the Board s approval to replace the drainage pipe, he will prepare the easement agreements for the three affected lots. He stated that he will need legal descriptions and sketches for those lots from the District Engineer, as well as the design of the pipe. Work can not begin until those easements are recorded with the County. (A brief recess was taken at 8:45 p.m. The meeting reconvened at 8:50 with all Supervisors in attendance at the onset of the meeting still in attendance) C. Operation Manager s Report Mr. Toborg provided a brief update regarding the status of the approved plantings throughout the community and a brief discussion ensued. He stated that the project is coming in under budget and he anticipates that additional areas will be able to be addressed. Ms. Edwards asked that the additional areas not be annual plantings that need to be replaced on a regular basis. Mr. Toborg touched briefly on his latest inspection, noting the removal of numerous pine trees and that he and Mr. Cemark are exploring reasons for the rise in the decline of the Pines. Ms. Edwards stated that she has requested that Mr. Toborg prepare a tree replacement plan that can be utilized to ensure that trees are replaced on a timely manner and holes are not left in the landscaping.
Page 6 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 Mr. Potantus and Mr. Toborg responded to Board questions regarding landscaping, irrigation, and up-lighting matters throughout the community. D. Lodge Manager s Report Ms. Evans provided a brief update to the report, stating that the tile replacement in the Nature Center is scheduled to begin tomorrow and the new furniture will be in by the end of the month. Ms. Edwards asked if the Board would like to look at the current use for the theatre area and Nature Center at a future meeting and a brief discussion ensued. The Board indicated that it would like to keep the theatre as a theatre. A request was made for a presentation by Ms. Stewart on the drainage system be included on next month s agenda. A resident asked that information on the original design models be included in the presentation. Ms. Edwards expressed concern with the amount of the proposal for holiday lighting as it is utilizes the entire budget for decorations this year and leaves nothing for other events. She also noted that the deposit can not be paid until October. On a Motion by Mr. Diver, seconded by Mr. Daniel, with two in favor (Scott Diver and Angelo Daniel and) and two against (Lou Weissing, and Beth Edwards), the Board of Supervisors failed to approve the proposal from Illuminations Holiday Lighting in the amount of $6,000 for the Preserve at Wilderness Lake Community Development District. On a Motion by Ms. Edwards, seconded by Mr. Daniel, with all in favor, the Board of Supervisors approved a not-to-exceed amount of $5,500 for holiday lighting for the Preserve at Wilderness Lake Community Development District. Ms. Evans stated that the Board requested that a proposal be obtained to replace all of the up-lighting with LED lights. She recommended that the Board continue to remove the lights as replacements are needed due to the cost of doing all of them at once. A brief discussion ensued, with it being noted that the funding to complete all of them at once is not in the budget. On a Motion by Mr. Diver, seconded by Ms. Edwards, with all in favor, the Board of Supervisors approved continuing with the current light replacement program for the Preserve at Wilderness Lake Community Development District. ELEVENTH ORDER OF BUSINESS Further Discussion on Playground Options Mr. Weissing indicated that he would like to see a task force put into place to work on the project with residents. A brief discussion ensued regarding the meeting on the 19 th for residents to look at possible design options in a relaxed event atmosphere. Concern was expressed with not advertising the event as a workshop as there is a possibility for sunshine law violations to occur should more than one Supervisor attend. It can still be more of a fun event than a formal workshop.
Page 7 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 Ms. Edwards made a motion to appoint Mr. Weissing as the Board liaison for the playground project and authorize him to establish a task force. Mr. Vericker reminded the Board that should a task force be established those meetings would need to be advertised and Ms. Edwards amended her motion. appointed Lou Weissing as the playground liaison to solicit ideas from the community and to fact find from vendors, etc. for the Board for the Preserve at Wilderness Lake Community Development District. authorized Staff to advertise a workshop on September 19, 2015 at for the Preserve at Wilderness Lake Community Development District. TWELFTH ORDER OF BUSINESS Consideration of Rizzetta Contract for District Management Services Ms. Edwards expressed her concern with the contract and the way it was presented to the Board and indicated that she would not vote to approve the contract at this time. Mr. Daniel expressed an opposing opinion on the contract itself and made a motion that it be approved. Discussion ensued. Mr. Fischer emphasized that the only change to the contract is an additional fee for meetings that run over three hours or for additional meetings and a copy of the contract was provided to the Chairman. Mr. Vericker stated that he has not completed a thorough review of both contracts but is comfortable that the only substantive change relates to the length of meetings and meetings above the standard monthly meeting and one workshop. Mr. Diver asked that the motion be amended to include a not-to exceed amount of $6,000 for the increase. Mr. Fischer stated that he is not in a position to negotiate the contract and after additional discussion, the motion was rescinded and the following Board actions taken: On a Motion by Mr. Daniel, seconded by Mr. Diver, with all in favor, the Board of Supervisors tabled action on the Rizzetta Contract for the Preserve at Wilderness Lake Community Development District. On a Motion by Ms. Edwards, seconded by Mr. Daniel, with all in favor, the Board of Supervisors moved that the proposed Rizzetta contract be reviewed by District Counsel for significant changes and ensure that it is in the best interest of the District for the Preserve at Wilderness Lake Community Development District. THIRTEENTH ORDER OF BUSINESS Staff Reports A brief discussion was held regarding work completed behind Mr. Daniel s residence.
Page 8 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 FOURTEENTH ORDER OF BUSINESS Supervisor Requests A request was made that Mr. Fischer check with Ms. Stewart to determine if Gaydos should be asked to attend next month s meetings to be part of the drainage review discussions, given the information included in this months report pertaining to ponds that flow into the Groves. Mr. Diver spoke regarding a resident complaint that was received pertaining to the fact that the drainage ditch was not cleaned out this year. It was stated that just because the District does something one time does not obligate it to do so it again. FIFTEENTH ORDER OF BUSINESS Adjournment adjourned the meeting at 10:57 p.m. for the Preserve at Wilderness Lake Community Development District. Assistant Secretary Chairman/Vice Chairman