CFM Community Development District

Transcription

1 CFM Community Development District Board of Supervisors Meeting December 20, 2018 District Office: 9530 Marketplace Road, Suite 206 Fort Myers, Florida (239)

2 CFM COMMUNITY DEVELOPMENT DISTRICT Rizzetta & Company, Inc., 9530 Marketplace Road, Suite 206, Fort Myers, Florida Board of Supervisors Leah Popelka Chairman Scott Campbell Vice Chairman Paul Mayotte Assistant Secretary Bob Bishop Assistant Secretary Chip Jones Assistant Secretary District Manager Belinda Blandon Rizzetta & Company, Inc. District Counsel Michael Eckert Hopping Green & Sams, P.A. District Engineer David Robson Johnson Engineering, Inc. All cellular phones must be placed on mute while in the meeting room. The Audience Comment portion of the agenda is where individuals may make comments on matters that concern the District. Individuals are limited to a total of three (3) minutes to make comments during this time. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (239) If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or (TTY) (Voice), who can aid you in contacting the District Office. A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based.

3 CFM COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE 9530 MARKETPLACE ROAD SUITE 206 FORT MYERS FLORIDA Board of Supervisors CFM Community Development District Dear Board Members: December 12, 2018 AGENDA The regular meeting of the Board of Supervisors of the CFM Community Development District will be held on Thursday, December 20, 2018 at 11:30 a.m., at the office of Rizzetta & Company, Inc., 9530 Marketplace Road, Suite 206, Fort Myers, Florida The following is the agenda for the meeting: 1. CALL TO ORDER/ROLL CALL 2. PUBLIC COMMENT 3. BUSINESS ADMINISTRATION A. Consideration of the Minutes of the Board of Supervisors Meeting held on November 15, Tab 1 B. Consideration of the Operations and Maintenance Expenditures for the Months of October and November 2018 Tab 2 4. BUSINESS ITEMS A. Consideration of Conveyance Documents Related to Utilities in Parcels A and J... Tab 3 1. Attorney s Affidavit Parcel A P3 2. Quit Claim Bill of Sale Parcel A 3. Attorney s Affidavit Parcel J 4. Quit Claim Bill of Sale Parcel J 5. STAFF REPORTS A. District Counsel B. District Engineer C. District Manager 6. SUPERVISOR REQUESTS AND COMMENTS 7. ADJOURNMENT We look forward to seeing you at the meeting. In the meantime, if you have any questions, please do not hesitate to call us at (239) Very truly yours, Belinda Blandon Belinda Blandon District Manager cc: Mike Eckert, Hopping Green & Sams, P.A.

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5 CFM COMMUNITY DEVELOPMENT DISTRICT November 15, 2018 Minutes of Meeting Page MINUTES OF MEETING Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. CFM COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the CFM Community Development District was held on Thursday, November 15, 2018 at 11:30 a.m. at the office of Rizzetta & Company, Inc., located at 9530 Marketplace Road, Suite 206, Fort Myers, FL Present and constituting a quorum: Leah Popelka Board Supervisor, Chairman Scott Campbell Board Supervisor, Vice Chairman Paul Mayotte Board Supervisor, Assistant Secretary Chip Jones Board Supervisor, Assistant Secretary Bob Bishop Board Supervisor, Assistant Secretary (via speaker phone) Also present were: Belinda Blandon District Manager, Rizzetta & Company, Inc. Mike Eckert District Counsel, Hopping Green & Sams, P.A. Michelle Rigoni District Counsel, Hopping Green & Sams, P.A. (via speaker phone) David Robson District Engineer, Johnson Engineering Audience FIRST ORDER OF BUSINESS Call to Order Ms. Blandon called the meeting to order and read the roll call. SECOND ORDER OF BUSINESS Public Comment Ms. Blandon opened the floor for public comment. Ms. Streeter distributed a list of resident requests to be addressed by the CDD Board. Mr. Campbell asked that Mr. Bishop investigate any of the items related to construction. Mr. Robson advised the sidewalk repairs have been completed and a proposal will need to be obtained for any additional work. Ms. Blandon advised a proposal will need to be obtained for any work associated with roadway repairs. Mr. Eckert advised that there are funds held in escrow to do the final lift and the scheduling of the final lift is something that DR Horton would need to address. Ms. Popelka suggested approving a not to exceed amount of roadway repairs in order to not delay the work any further. Discussion ensued. Ms. Blandon suggested obtaining proposals for review by the Board. Ms. Blandon advised that she will review the list provided by Ms. Streeter and provide a response at a later date.

6 CFM COMMUNITY DEVELOPMENT DISTRICT November 15, 2018 Minutes of Meeting Page THIRD ORDER OF BUSINESS Consideration of the Minutes of the Board of Supervisors Meeting held on September 20, 2018 Ms. Blandon presented the Minutes of the Board of Supervisors meeting held on September 20, She asked if there were any questions related to the minutes. There were none. On a Motion by Ms. Popelka, seconded by Mr. Mayotte, with all in favor, the Board Approved the Minutes of the Board of Supervisors Meeting held on September 20, 2018, for the CFM Community Development District. FOURTH ORDER OF BUSINESS Consideration of the Operations and Maintenance Expenditures for the Month of September 2018 Ms. Blandon provided an overview of the expenditures paid for the period of September 1-30, 2018 which totaled $45, and asked if there were any questions related to any item of expenditure. On a Motion by Mr. Jones, Jr., seconded by Mr. Campbell, with all in favor, the Board Approved the Operations and Maintenance Expenditures for the Month September 2018, totaling $45,554.86, for the CFM Community Development District. FIFTH ORDER OF BUSINESS Discussion Regarding Accounts Receivable Balance on SPE Land Mr. Eckert advised that this subject is still in the information gathering phase and the District needs to analyze some accounts receivable balances to determine if they should be written off or not. SIXTH ORDER OF BUSINESS Presentation of Amended Fiscal Year 2017/2018 Budget Ms. Blandon provided an overview of the amended fiscal year 2017/2018 budget advising that the budget was amended to include an increase to the expense line item for the mitigation project to $332, and adding the additional revenue received from the bondholders. SEVENTH ORDER OF BUSINESS Consideration of Resolution , Amending the Budget for Fiscal Year Ms. Blandon provided an overview of the Resolution and asked if there were any questions. There were none.

7 CFM COMMUNITY DEVELOPMENT DISTRICT November 15, 2018 Minutes of Meeting Page 3 On a Motion by Mr. Mayotte, seconded by Mr. Campbell, with all in favor, the Board Adopted Resolution , Amending the Fiscal Year 2017/2018 Budget, for the CFM Community Development District EIGHTH ORDER OF BUSINESS Acceptance of Contract for Professional District Services Ms. Blandon provided an overview of the contract for Professional District Services and advised that the contract reflects an increase to the accounting fees as noted in the budget. On a Motion by Mr. Campbell, seconded by Ms. Popelka, with all in favor, the Board Accepted the Contract for Professional District Services, for the CFM Community Development District. NINTH ORDER OF BUSINESS Staff Reports A. District Counsel Mr. Eckert advised that Mr. Merritt of his office is continuing to work on golf course easements and land swaps. B. District Engineer Mr. Robson advised he had no report. Mr. Bishop asked that Mr. Robson update and distribute the colored responsibilities map. C. District Manager Ms. Blandon advised the next meeting of the Board of Supervisors is scheduled for Thursday, December 20, 2018 at 11:30 a.m. Mr. Mayotte advised he will not be able to attend the December meeting. TENTH ORDER OF BUSINESS none. Supervisor Requests and Audience Comments Ms. Blandon opened the floor for Supervisor requests and comments. There were ELEVENTH ORDER OF BUSINESS Secretary/Assistant Secretary Adjournment On a Motion by Mr. Jones, Jr., seconded by Mr. Campbell, with all in favor, the Board adjourned the meeting at 12:04 p.m., for the CFM Community Development District. Chairman/Vice Chairman

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9 CFM COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE 9530 MARKETPLACE ROAD SUITE 206 FT. MYERS, FLORIDA Operation and Maintenance Expenditures October 2018 For Board Approval Attached please find the check register listing the Operation and Maintenance expenditures paid from October 1, 2018 through October 31, This does not include expenditures previously approved by the Board. The total items being presented: $46, Approval of Expenditures: Chairperson Vice Chairperson Assistant Secretary

10 CFM Community Development District Paid Operation & Maintenance Expenditures October 1, 2018 Through October 31, 2018 Vendor Name Check Number Invoice Number Invoice Description Invoice Amount Department of Economic Opportunity Special District Fee FY 18/19 $ Johnson Engineering Inc Inv 129 General Engineering Services 09/18 $ 3, Magnolia Landing Golf, LLC Aerator Agreement & Water 010/18 $ Magnolia Landing Golf, LLC Aerator Agreement & Water 10/18 $ Magnolia Landing Golf, LLC Mill Row 10/18 $ Magnolia Landing Golf, LLC Intial Mow Parcel J 10/18 $ Magnolia Landing Master Association, Inc Landscape Maintenance 09/18 $ 3, Pavement Maintenance LLC Asphalt Repairs 09/18 $ 18, Rizzetta & Company, Inc INV District Management Fees 10/18 $ 3, Rizzetta & Company, Inc INV Assessment Roll FY $ 5, Rizzetta Technology Services, LLC INV Website Hosting & Services 10/18 $ Solitude Lake Management LLC PI-A Monthly Lake & Pond Service 10/18 $ 1, The Daily Breeze Legal Advertising 10/18 $ Walker Exotic Tree Eradication & Mitigation LLC Preserve Maintenance 2nd of 2 treatments 09/18 $ 8, Report Total $ 46,878.42

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27 CFM COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE 9530 MARKETPLACE ROAD SUITE 206 FT. MYERS, FLORIDA Operation and Maintenance Expenditures November 2018 For Board Approval Attached please find the check register listing the Operation and Maintenance expenditures paid from November 1, 2018 through November 30, This does not include expenditures previously approved by the Board. The total items being presented: $55, Approval of Expenditures: Chairperson Vice Chairperson Assistant Secretary

28 CFM Community Development District Paid Operation & Maintenance Expenditures November 1, 2018 Through November 30, 2018 Vendor Name Check Number Invoice Number Invoice Description Invoice Amount Dale S. Jones Jr DJ Board of Supervisors Meeting 09/18 $ Dale S. Jones Jr DJ Board of Supervisors Meeting 11/15/18 $ Haskins Inc Asphalt Patch Casle Pines Drive $ 9, /18 Haskins Inc Drive Way Repairs for 3271 Crosswater $ 12, Drive Hopping Green & Sams General/Monthly Legal Services 09/18 $ 3, Johnson Engineering Inc General Engineering Services 11/18 $ 5, Johnson Engineering Inc General Engineering Services 10/18 $ 8, LCEC /18 Street Lights 3000 Magnolia Landing $ 1, Ln 10/18 Leah Popelka LP Board of Supervisors Meeting 11/15/18 $ Lerner Reporting Services, Inc CFM Annual Disclosure Fee FY 18/19 $ 5, Magnolia Landing Golf, LLC Aerator Agreement & Water 11/18 $ Magnolia Landing Golf, LLC Aerator Agreement & Water 11/18 $ Magnolia Landing Master Association, Inc Landscape Maintenance 10/18 $ 3, Paul Mayotte PM Board of Supervisors Meeting 11/15/18 $ Rizzetta & Company, Inc INV District Management Fees 11/18 $ 3, Rizzetta Technology Services, LLC INV Website Hosting & Services 11/18 $ Robert Bishop BB Board of Supervisors Meeting 11/15/18 $ Scott Campbell SC Board of Supervisors Meeting 09/20/18 $ Scott Campbell SC Board of Supervisors Meeting 11/15/18 $ Report Total $ 55,625.52

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59 Project Name: Magnolia Landing Parcel A Phase 3 (FGUA Project No: NFMD) STATE OF Florida COUNTY OF ATTORNEY'S AFFIDAVIT ON THIS day of December, 2018, before me personally appeared Jason E. Merritt, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 119 South Monroe Street, Suite 300, Tallahassee, Florida (hereinafter "Affiant"), who, being duly sworn on [his or her] oath, does say: 1. This Affidavit is given as an inducement to the Florida Governmental Utility Authority, a legal entity and public body created by interlocal agreement pursuant to Section (7), Florida Statutes to accept the dedication or conveyance of Magnolia Landing Parcel A Phase 3 utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Lee County, Florida. 2. CFM Community Development District, is current and active within with the State of Florida and is a duly constituted community development district pursuant to the laws of the State of Florida. is authorized to execute the instruments on behalf of the entity in conjunction with the conveyance of the subject real and personal property. 3. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. Further Affiant sayeth naught. Jason E. Merritt State of Florida County of Palm Beach Sworn and subscribed before me this day of December, 2018, by Jason E. Merritt who is personally known to me and who did take an oath /0078 Name typed: Notary Public Commission My Commission Expires:

60 EXHIBIT A Property All o f t h e infrastructure b e i ng conv e y e d lies within t h e Public Utility Easements (PUE) and Florida Governmental Utility Authority Easements (FGUAE) located on Portions of Tracts RD-1, RD-2, and RD-3; Tracts LS-1, LS-2, LS-3, LS-4, LS-5, LS-6, LS-7, and LS-8; Tracts DR-2, DR-3, DR-4 and DR-5; and Lots 1 through 177 o f Magnolia Landing Parcel A Plat (Instrument Number ), of the Public Re cord s o f LEE County, Florida. Horton Property Lots 1 through 177 o f Magnolia Landing Parcel A Plat (Instrument Number ), of the Public Re cord s o f LEE County, Florida. CDD Property Tracts RD-1, RD-2, and RD-3; Tracts LS-1, LS-2, LS-3, LS-4, LS-5, LS-6, LS-7, and LS-8; and Tracts DR-2, DR-3, DR-4 and DR-5 o f Magnolia Landing Parcel A Plat (Instrument Number ), of the Public Re cord s o f LEE County, Florida /0078

61 Return to: Florida Governmental Utility Authority 280 Wekiva Springs Road, Suite 2070 Longwood, FL UTILITY FACILITIES QUIT CLAIM BILL OF SALE THIS QUIT CLAIM BILL OF SALE, effective as of the date and year set forth below, between CFM COMMUNITY DEVELOPMENT DISTRICT, whose address is 9530 Marketplace Road, Suite 206, Ft. Myers, Florida 33912, ( Seller ), and FLORIDA GOVERNMENTAL UTILITY AUTHORITY, a legal entity and public body created by interlocal agreement pursuant to Section (7), Florida Statutes, with its operations office located at 280 Wekiva Springs Road, Suite 2070, Longwood, Florida ( Buyer ). WITNESSETH: That said Seller, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00), and other good and valuable consideration, to Buyer in hand paid by Buyer, the receipt whereof is hereby acknowledged, hereby remises, releases and quit-claims unto the said Buyer and Buyer s successors and assigns forever, all the right, title, interest, claim and demand which the said Seller has in and to those certain wastewater utility facilities, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being within the following described land: See Exhibit A attached hereto and made a part hereof; To have and to hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Seller, either in law or equity, to the only proper use and benefit of the said Buyer forever. For the purposes of this conveyance, the facilities conveyed herein shall not be deemed to convey any fee interest in the lands described herein, which shall remain vested in Seller. DATED effective as of the day of December, Signed, sealed and delivered in the presence of: CFM Community Development District (Witness Signature) (Printed Name) By: Print Name: Its: (Witness Signature)

62 (Printed Name) STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this day of December, 2018, by, the of, who is [_] personally known to me or who has produced as identification. Notary Public (Affix Seal) Printed Name My Commission Expires Utility Facilities Quit Claim Bill of Sale Page 2 of 4

63 Exhibit A DESCRIPTION OF PROPERTY All of the infrastructure being quit claimed lies within the Public Utility Easements (PUE) located within Tract RD-1 and the Florida Governmental Utility Authority Easements (FGUAE) of Magnolia Landing Parcel A Plat (Instrument Number ), of the Public Records of Lee County, Florida, as set forth on the Utility As Built Record Drawing attached. Utility Facilities Quit Claim Bill of Sale Page 3 of 4

64 Utility Facilities Quit Claim Bill of Sale Page 4 of 4

65 Project Name: Magnolia Landing Parcel J (FGUA Project No: NFMD) STATE OF Florida COUNTY OF ATTORNEY'S AFFIDAVIT ON THIS day of December, 2018, before me personally appeared Jason E. Merritt, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 119 South Monroe Street, Suite 300, Tallahassee, Florida (hereinafter "Affiant"), who, being duly sworn on [his or her] oath, does say: 1. This Affidavit is given as an inducement to the Florida Governmental Utility Authority, a legal entity and public body created by interlocal agreement pursuant to Section (7), Florida Statutes to accept the dedication or conveyance of Magnolia Landing Parcel J utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Lee County, Florida. 2. CFM Community Development District, is current and active within with the State of Florida and is a duly constituted community development district pursuant to the laws of the State of Florida. is authorized to execute the instruments on behalf of the entity in conjunction with the conveyance of the subject real and personal property. 3. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. Further Affiant sayeth naught. Jason E. Merritt State of Florida County of Palm Beach Sworn and subscribed before me this day of December, 2018, by Jason E. Merritt who is personally known to me and who did take an oath /0078 Name typed: Notary Public Commission My Commission Expires:

66 EXHIBIT A Property All of the infrastructure being conveyed lies within the Public Utility Easements (PUE) and Florida Governmental Utility Authority Easements (FGUAE) on Tract RD-1, Tract LS-1, and Lots 1 through 61, inclusive, of Magnolia Landing Parcel J Plat (Instrument Number ), of the Public Records of Lee County, Florida, or on those lands deeded to the FGUA by Maxcy Development Group Holdings CFM, Inc., described as Tract A of Magnolia Landing Parcel J Plat, (Instrument Number ), of the Public Records of Lee County, Florida as set forth on the Utility As Built Record Drawing attached. Owner s Property Lots 1 through 61, inclusive, of Magnolia Landing Parcel J Plat (Instrument Number ), of the Public Records of Lee County, Florida. CFM Community Development District Property Tract RD-1 and Tract LS-1 of Magnolia Landing Parcel J Plat (Instrument Number ), of the Public Records of Lee County, Florida /0078

67 Return to: Florida Governmental Utility Authority 280 Wekiva Springs Road, Suite 2070 Longwood, FL UTILITY FACILITIES QUIT CLAIM BILL OF SALE THIS QUIT CLAIM BILL OF SALE, effective as of the date and year set forth below, between CFM COMMUNITY DEVELOPMENT DISTRICT, whose address is 9530 Marketplace Road, Suite 206, Ft. Myers, Florida 33912, ( Seller ), and FLORIDA GOVERNMENTAL UTILITY AUTHORITY, a legal entity and public body created by interlocal agreement pursuant to Section (7), Florida Statutes, with its operations office located at 280 Wekiva Springs Road, Suite 2070, Longwood, Florida ( Buyer ). WITNESSETH: That said Seller, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00), and other good and valuable consideration, to Buyer in hand paid by Buyer, the receipt whereof is hereby acknowledged, hereby remises, releases and quit-claims unto the said Buyer and Buyer s successors and assigns forever, all the right, title, interest, claim and demand which the said Seller has in and to those certain wastewater utility facilities, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being within the following described land: See Exhibit A attached hereto and made a part hereof; To have and to hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Seller, either in law or equity, to the only proper use and benefit of the said Buyer forever. For the purposes of this conveyance, the facilities conveyed herein shall not be deemed to convey any fee interest in the lands described herein, which shall remain vested in Seller. DATED effective as of the day of December, Signed, sealed and delivered in the presence of: CFM Community Development District (Witness Signature) (Printed Name) By: Print Name: Its: (Witness Signature)

68 (Printed Name) STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this day of December, 2018, by, the of, who is [_] personally known to me or who has produced as identification. Notary Public (Affix Seal) Printed Name My Commission Expires Utility Facilities Quit Claim Bill of Sale Page 2 of 4

69 Exhibit A DESCRIPTION OF PROPERTY All of the infrastructure being quit claimed lies within the Public Utility Easements (PUE) and the Florida Governmental Utility Authority Easements (FGUAE) and PUE located within Tract RD-1, Tract LS-1 and Lots 1 through 61, inclusive, all of Magnolia Landing Parcel J Plat (Instrument Number ), of the Public Records of Lee County, Florida, or on those lands deeded to the FGUA by Maxcy Development Group Holdings CFM, Inc., described as Tract A of Magnolia Landing Parcel J Plat, (Instrument Number ), of the Public Records of Lee County, Florida as set forth on the Utility As Built Record Drawing attached. Utility Facilities Quit Claim Bill of Sale Page 3 of 4

70 Utility Facilities Quit Claim Bill of Sale Page 4 of 4