MINUTES OF MEETING CELEBRATION COMMUNITY DEVELOPMENT DISTRICT

Transcription

1 MINUTES OF MEETING CELEBRATION COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Celebration Community Development District was held Wednesday, at 6:00 p.m. at Celebration Town Hall, 690 Celebration Avenue Celebration, Florida. Present and constituting a quorum were: Richard Quinn Peter Crow Steve Katz Linda James David Stofcik Also present were: Gary Moyer Brian Crumbaker (by phone) Larry Walter Matthew Forbes Charlie Eldredge Andrea Finger Matt Kelly Jim Parker Brian Smith Rick Woodville Brenda Wright Members of the Public FIRST ORDER OF BUSINESS Mr. Quinn called the meeting to order. Chairman Vice Chairman Secretary Supervisor Supervisor District Manager: Severn Trent Services Attorney: Hopping, Green & Sams Engineer: Hanson, Walter & Associates Walt Disney Imagineering CROA TCC TCC TCC District Manager s Office District Manager s Office District Manager s Office Call to Order SECOND ORDER OF BUSINESS Roll Call Mr. Moyer called the roll and noted a quorum was present. THIRD ORDER OF BUSINESS Public Comments Mr. Matt Kelly stated there were a couple of questions that came up related to some things that are going on in Celebration. I have maps that I will distribute to the Board. We have sold a site to the Catholic Diocese for a church site. Father Gregory was asked to attend this evening if you had any questions. The 4.3 acre site is located down Celebration Avenue just as you pass Lake Evelyn going toward Waterside Drive. They closed on the site two or

2 three months ago and they are under design as far as what they will build on that site. This is the third site we have sold and this is probably the second one that ends up getting built. Corpus Christi Catholic Church is the name of the Parrish. You have probably met Father Gregory, who is the priest in charge of the Parish. I do not have any pictures with me, but they are still working on specifically what the design looks like. Also, not related to the Catholic Church, but all churches, there is a public hearing coming up in relation to zoning to allow the churches that are here and the churches that will be built, to put a columbarium on their site. A columbarium is a place that is a becoming more and more popular. Some churches may choose to do this and some may not and it is an alternative to an urn that some people keep in their homes and it is a place where people s ashes can be placed and memorialized in a church location. These things sometimes have an outside garden setting and some are inside the church structure. The Presbyterian Church that is represented here tonight is interested in proceeding on that as soon as we get the zoning adjusted. You will be seeing some public hearing signs going up in two or three weeks for this. If you have any questions about this I can try to answer them for you. Another question that I have heard in the community and something the Board had an interest in was the future road to be built from where Celebration Boulevard stops down to the site the Four Seasons purchased about three years ago. Four Seasons owns the land, but they have not given us any indication when their development will start. Mr. Quinn asked are there any items in the agreement with Four Seasons regarding when they have to start? In the early days you had to start building within a certain number of months. Mr. Kelly stated I do not know the date exactly. There are some obligations that if they do not start building by a certain date, The Celebration Company retains the right to re-purchase the land. There are some obligations between us and Four Seasons about work we have performed for them and we are coming upon a deadline for that. Mr. Katz asked the roads are not going to have to be built by The Celebration Company? Mr. Kelly stated we always had an agreement with them to help manage the process of building that road and our obligation to help them do that is about to expire. We have not reached that deadline yet, but we are approaching it. Mr. Crow stated they said that deadline was at the end of the year. Is that true? 2

3 Mr. Kelly stated that is a private relationship between them and us, but our obligation to help them build that road expires at the end of this year. In that case, we would transfer the land to them so they could build the road on their own. They still have access to their property, but we do not necessarily have to be involved. Mr. Katz asked they have not given you an update? Mr. Kelly stated we have not heard from them for a few months. I thought they would have started a couple years ago and I do not understand why they are not moving forward quicker than they are. Mr. Katz asked is there anything going on with the property next to Sienna? Do you also have the right to buy that back? Mr. Kelly stated that date will show up in the future, but I do not know exactly when. The last conversation I had with them was three months ago. At one time they thought they were going to sell the land and I think they have re-thought that idea and have interest in developing it themselves as apartments, but they have given us no indication that they are ready to start any time soon. Mr. Katz asked it is still in their court to do what they want with the land? Mr. Kelly stated it is and even though some deadlines have passed, the only issue that is out there is that we have the right to buy it back if we choose to do so; it does not mean we would exercise that right at that point. Mr. Katz asked could you sell it to someone else? Mr. Kelly stated yes. The reason we put that in there is because we do want to sell it once we get it developed and finished because people do not want to live in a construction area long term beside a house that never gets finished. Mr. Katz stated that would be residential and could not be changed to something else. On that side of Celebration Boulevard down to the high school, in your mind, will that property always be residential use or could it be changed? Mr. Kelly stated it is residential use in our mind, but I think we have the ability to change the Development Order, which would be a public process we would have to go through. We do not even own the land today, so we have never thought of anything like that. Mr. Quinn stated I think it is currently zoned residential, the same way Spring Park was. 3

4 Mr. Kelly stated I would have to check on that to be sure, but what I do know for sure is that when we sold it to Pritzker they had no choice but to build multi-family. If they were to change they would have to come back and get permission. Mr. Katz asked is anything happening on the other side of Celebration Boulevard? Mr. Kelly stated yes. I will go through a few of these issues starting with the most recent. We have sold a piece of property for a 240-room hotel and that will be under construction shortly after the first of the year. This has been announced to the public. There are several other deals in the works, but I cannot tell you for sure that they are going to happen. We are working on two office building deals; one is half way down the boulevard, across from the vacant land we just talked about that Pritzker owns. We are working on a deal there to get about a 50,000 square-foot office building along with the Mona Lisa Hotel and some other things. The good news, at least from our standpoint, is that it is all being done by residents. The residents are the owners and investors for these. An office building along the boulevard is in the works and I think that will energize some of the boulevard. I do not think 50,000 square feet is a large building, but it will be three stories, it is intended to be condominium style so people can actually buy their office. It will be targeted to provide a product that is below the size you typically find in the buildings in Celebration Place or the buildings that Duke has built thus far. They are typically looking for larger tenants and 5,000 or 10,000 square feet is the minimum. The office condo will be targeted for people who might want to come in and own 500 or 600 square feet up to 3,000 square feet. People will be able to own larger spaces there. This building will be just south of where the electrical substation is. One thing you will see is a billboard that sits on that site today on I-4 and we are in the process of moving that billboard by the end of the year up farther on I-4 and it sits directly behind the substation so it will not block anyone s view. Less certain, but we are working on an office building directly across the street from the former Lincoln building. Lincoln did sell this building and closed on it about two months ago. They do not own it anymore, but they are still the manager and operator of it. We are working with a resident to build an office building there and it would be roughly the same size as the Lincoln building across the street with a similar look and completes the U-shape that we have. The Mona Lisa Hotel is also done in the same architectural theme. It will look very much like the office buildings in its architecture from the standpoint of the grill pattern on it and the same reds, whites and greens. It is not an 4

5 office building, it is a hotel so instead of being squares and rectangles it will have a lot of curves to the building. We are also working on a hotel for the resident owner/operator at the World Drive interchange and that one is in the early stages right now. It is on the north side of the interchange as you come off I-4. We did not sell the entire corner; we retained the corner piece ourselves to be sold and developed. That is a location for some out parcels and we are not working on any deals there at this point in time. It is a location that would potentially be another gas station. I think we are still looking for a site for a veterinary clinic. Someone suggested a carwash so we are listening to suggestions from the residents. As we come down to that interchange it is the last place where we have some smaller sites and out parcels left. There could also be a restaurant or two to go with the hotel, but it is also some place, as the community builds out, to build certain uses. Mr. Katz asked what are your thoughts on the interconnect between North Village and South Village? Mr. Kelly stated contrary to popular belief, we have not done much on that. This piece of road that we reserved a right-of-way, as shown on the map, also relates to another piece of road that flies over I-4 connecting Celebration with the land on the west side of Celebration. We had decided back in 1996 or 1997 when Celebration was being developed that it did not make sense to extend the community onto the other side because we felt that I-4 was a huge barrier to that. Those improvements were required in the Development Order because as we build over there we have a 1.5 million square-foot mall location sitting there and various other entitlements. As we put the traffic system together to support that development, there was the need for a flyover, over I-4 to connect Celebration Boulevard to get to this interchange. We were required to have two ways to get to the Green Way. We have not done anything since 1997 and assumed that we would never do that improvement over there and that we would be constrained by not building a flyover on that missing piece. As we thought about building Celebration, bringing traffic from whatever gets developed on the west side over into Celebration, we do not think it is a good idea and that is really what those two improvements were designed for. I know there are some people who would like this improvement to take traffic off of Golfpark, but again, we have never done any more work on that. There was some work done about a year ago on Golfpark that said it functions fine as far as current traffic. Mr. Katz asked would you like to deed that right-of-way over to us and let us improve it? 5

6 Mr. Kelly stated first of all, we all have to go through a development change when plans are changed to remove those areas and assign some type of land use to them. We are beholding to the County on issues and that is who we would deal with on those types of things. Mr. Katz asked would you be willing to at least consider the idea of letting us work on building the road between the two villages and let us deal with the County? You do not have any need for that right-of-way and we should let the community decide to go that way. Mr. Kelly stated all of this can be explored. I am still beholding to the County on those issues and I have not resolved any of those issues with the County. We know what was planned originally in the traffic model when the mall was planned over there, but I have a lot of changes to go through with them. I cannot just take any of those pieces of land and do anything with them until we have resolution with the County. Mr. Quinn asked do you need our help in getting that kind of a resolution with the County to make that happen? Mr. Kelly stated I do not believe so. There has been a lot of talk about that, but the reality is we have not done any work on that and we do not have any intention of going forward in trying to take the road out any time soon. I am sure at some point in time we will address that issue and we can talk more about it at that time. Mr. Katz asked do you want to pursue anything to work with the community on that road so it could possibly be a win-win for everybody? Mr. Kelly stated I think anytime we can find a win-win it would be a good idea. I could sit with any two of you, but that does not help me with the County. I have a County and State entitlement process that I must deal with. They are the people that tell me what I have to build, what I cannot build, what I can and cannot do, so I would not want to pledge any piece of land or an improvement here until we had the County or State adjusting our Development Order making those changes. Mr. Quinn stated I think what we are saying is, if representatives from the District and you went to the County as a cohesive voice and say that we do not need the land and we want to deed the land over to the District for the District to build a road, then ask the County if they would buy into that. 6

7 Mr. Walter stated with the Development Order they have now the road is planned and the intensity does not mean it needs to be built now. It is right-of-way and I am sure the County would not have any problem. Mr. Kelly stated we reserved this so we could build it if we needed it for traffic, but we do not believe we are going to need it for traffic. Mr. Quinn stated we would like to build it for the community and we would like for you to go with us to the County. Mr. Katz asked could the community build a road for you or do you want to hold that road back so you can do something else with it? Mr. Kelly stated I do not have any specific plans for the land. Mr. Katz stated in our official statement you have reserves and entitlements to build 150 golf course town homes because you are paying assessments. You have placed some of your entitlements in the only spot you can and that does not mean you have plans to build town homes, but my point to you is that if the community wants to build a road and is willing to do it, you are saying that it might 10 to 15 years before the density gets to the point where it gets close to it or it might never by the time the Development Order expires. Let us figure out a way to finance the road. Mr. Kelly stated that is a new idea and I think we could certainly consider it. My caveat on doing things is that we have to change Development Orders to make things work for all the rest of the land and that is not by people just agreeing to things, that is done by math and engineering that the County and the State holds us responsible for. I have never been in front of them to talk about it so I do not know what they are going to say. Mr. Quinn asked is that connector not currently in the Development Order? Mr. Katz stated the plan has that road there and all we are saying is to not worry about a traffic study, but let us pursue a method where I might be able to help you come out with how the financing might work where you do not have to pay for it. I sit next to the Planning Director on the Planning Commission every two weeks and we talk about all of these roads that are going on in Osceola County and their idea is, the developers were private parties who were paying and that means the County does not have to, so they are perfectly happy if a road gets built when somebody else pays for it. We are willing to help you get that done if you will let us do it now. We need to set up a meeting. 7

8 Mr. Kelly stated sometime after the first of the year. Mr. Charlie Eldredge stated CROA has just started televising their meetings and I would like to recommend to the CDD that you look into having these meetings televised on Comcast, even though they are only 50% on Comcast. It would be very important to let people know that this is an elected body by Celebration and even though we try to do the best job we can with the newspaper, having it televised is more of a fact that it is going on. I also have a question; we have been noticing that the sidewalk has disappeared over by Carlyle and the trees vicariously almost look like they are ready to collapse. We want to know what is going on. Mr. Quinn stated in regards to televising these meetings, as you know and it has been a matter of public record since February or March, the Board authorized an RFP for bids to perform two functions for the District that we felt was desperately needed in order to improve the communications capabilities between us and our constituents: (1) to develop a website so that all of the information schedules and maintenance issues are to be identified able to communicate with Mr. Smith when there is a problems; (2) to provide video services. I believe we got two responses on the web services, one response from the company that does the television services for the County, which was exorbitantly over produced. We then went back in the spring and had conversations with the folks from Town Hall and CROA at that time about collaborating on setting the room up and when they were ready to do televising of their meetings, we would utilize the same process to do ours. I am very happy to hear that the CROA Board is now going to be televising their meetings and it sounds like it is time for us to do the same. As far as the web services go, we are waiting on a proposal from Town Hall to put a CDD web underneath the Front Porch. I know they have been working on it and the last time I talked to Tim Duncan, he was in the midst of preparing that, but we have not received a formal response back from them yet. I think it makes absolute sense for us to do this. Mr. Katz stated I will talk about the sidewalk at length at the end of the meeting. Mr. Smith stated I want to introduce Steven Kapusta, who has somewhat of an ingenious idea. I distributed a use application to the Board and he would like to install an outlet at his mailbox for his nev. It might catch on because I know there are a lot of people that run extension cords from their houses across to their nevs that are parked out in front of their houses. If you would like, he is here to explain what he would like to do. 8

9 Mr. Quinn stated we are involved with it because it ends in our easement. Mr. Smith stated it is in our easement and he did pull a permit from the County. Mr. Kapusta stated I am going through the process right now. I went to the ARC and they approved it, contingent upon this Board approving it. I got the permit pulled and a master electrician from Palmer Electric came out and looked at the surveyed area. The next step was to see if this Board is okay with us doing it. The ARC was very happy with it and wanted me to patent it. It is built into the back of a mailbox with a false back in the mailbox, so it cannot be seen as you drive by. We are checking with the Post Master General to see if it will work out. We have other options like posts in the ground, which is close to the same thing in the Artisan parking lot. I talked to several electricians and it is a 20 amp outlet out there, so they are saying to do the electrical drawings is $75 an hour with a minimum of six hours. It is not a continuous load, it is ground faulted so it is perfectly safe and has been done everywhere on the outside of homes. I want to go by the book and say I have the permit and I wanted to come here to the meeting to see if this is something that could be worked out. Mr. Quinn stated I am not an electrician, but having done those things before, when you run wire underground it is not as simple a process as simply digging the trench and running wire into the ground; it has to be in a conduit and it has to be a particular kind of wire, which is probably what you are being quoted. Mr. Kapusta stated all of the electricians that I talked to have said that it is a pretty simplistic process, just a junction box on the outside. I think they are trying to get away from actually having to go through that process because when they went to the County, they did not require those drawings to get the permit, but they will be coming out to inspect to make sure it is 18 inches, and that it is proper wiring. Ultimately, the County and the electrician are responsible for making sure that it is safe. I want to put this before the Board to see what you thought and if it was something that we could move forward on. Mr. Katz stated use applications are typically temporary for use of our easement. Mr. Smith stated not necessarily. When somebody puts in a front walkway from the sidewalk to the street, it is somewhat permanent. Mr. Katz stated we never see those because it is something that staff takes care of. Mr. Moyer stated it is a little different. On the sidewalks you are right because that has been common place for the District. I think at one time the Board did address that and 9

10 approve, although it was not this Board, but previous Boards and since this is somewhat new, I told Mr. Smith we should bring it this Board to take a look at it, because it is an electric service within our right-of-way and there is liability, which was my concern if the District wanted to assume that liability, even though the permit itself provides for indemnification. I do not have a problem with it, but I think that is a decision, since we are going in a direction that we have not gone in before, that you be aware of. Mr. Smith stated you will probably see a lot more of them. Ms. James stated it is probably a precedent setting decision. Mr. Katz stated specifically we approve above ground use of our property. We have not been involved in below ground use of our property and we have other easement partners below ground, such as drainage, water/sewer and cable. There is a lot of underground utilities under the property. Could this be put in an alley? Mr. Kapusta stated no, the idea for it to be in the front is that people would much rather see nevs in front of the homes for Celebration s view than to see the SUVs and that is why ARC was adamant about. Also around the holidays they run extension cords across the walkways to plug in. With the process they start with the permit first to make sure you are allowed to do it and the ARC loved it and wanted to patent it and the next step was to come to this Board. They would be able to get the cars off the street and park the nevs in front of the home. Mr. Katz stated I think we should have a little more chance to talk and research this with the other easement partners to be sure that nobody else has an easement through there where we would get into trouble because we give utility easements and what you are doing is crossing over one of the easements. You came to us because we have a lot of other people that we have given opportunities to serve you as a home owner. Mr. Kapusta stated there are already a lot of people encroaching on the exact area you are talking about. Mr. Katz stated my point is that it is above ground. The staff handles drainage between two properties. We handle any drainage issues, but it is typically above the ground, the street or the gutters, but you are taking electric across other easements and I think we need to make sure that we have done everything right. You came to us because staff was concerned about making a decision on their own and we need to ask them to come back and be comfortable so 10

11 that we do not have to be put in the position of saying we did not give staff a chance to look at it. Mr. Kapusta asked what can we do to facilitate that? Mr. Katz stated let your experts talk to ours and let our engineer and professionals work to make sure we are not doing anything wrong. We want it to become the staff s ability to say yes from here on because the first time we have to spend some time looking at a new idea. We are the ones that take care of the underground. Mr. Kapusta asked what is the timetable and who would I interact with about the type of structure? Mr. Katz stated you have already done everything right by coming to us, but let Mr. Smith speak to your key person, because he knows everything about it. Mr. Smith stated I did ask him if he would submit schematic drawings of exactly what he wants to have done. His electrician is going to cost $75 per hour with a minimum of six hours. He wanted to come to the Board himself and that is why we did not give you any advanced notice. As far as our other utilities, there are drainage pipes that run underneath the sidewalk to the back of the curb where they have pop-offs and there are a lot of other things that builders in the past have installed such as irrigation, but those are the only two; we do not have any electrical. I do not do electrical inspections, it is the County whenever there is an electrical issue and they have to get a permit from the County and it has to be with a licensed master electrician. We would be more than happy if you want him to give more information and we will have Mr. Walter look at it to see what he thinks and have the Enterprise CDD be one of the entities in the easement along with Progress Energy and Sprint. Mr. Katz asked is this inside conduit? Mr. Kapusta stated yes. Mr. Walter stated I really do not think there is an issue with this except for recording where they are, because as we go back in there we will have to make repairs on existing utilities where they might, in fact, run into these, tear them up and have to replace them. As far as putting it there and sharing the easement, from a technical standpoint, I see no problem with that. I see more of an issue with the District keeping a record of where they are so that when someone needs to go repair something that is already in the easement, whether it be cable, electric or anything like that, then they know these things are there. 11

12 Mr. Kapusta asked can we do that by putting it in the use agreement as well, saying you have to give the exact location? We have sign off because by you guys only doing routine maintenance, I am responsible for it and you guys do not have to put it back in. Mr. Walter stated I think all you need is something that says that if it is for underground regular maintenance, they are responsible for putting it back and these guys just know where they are. Otherwise, I do not know of any technical reason that they cannot be there. Mr. Katz stated why not get the first thing done and then perhaps he can come back and let the Board know how you handled it. Mr. Kapusta asked would it be possible to process it with these gentlemen and eventually go in and show the final product? Mr. Katz stated I am hoping that staff will present us with what the idea is as opposed to us creating it up here. Mr. Moyer stated the threshold issue that I wanted to get over, which I sensed the Board is telling us to proceed and that is, if they have no interest in having an electrical service within our easement, then we would not spend money, time and effort or waste your money, time and effort to proceed. It sounds like if the issue can be addressed and we are all comfortable with it, then we will go ahead and issue the permit. I just wanted to get a consensus of the Board that we are not wasting your time. Mr. Kapusta asked do I need to spend the money for the electrical drawing center or can I work within what you have set up? Mr. Katz stated work with Mr. Smith and Mr. Walter s idea that there needs to be a marking on the location where the work is done. Mr. Moyer stated or we might impose the location, such as it has to be 100% perpendicular to the mailbox so that if anything ever has to be dug up we know there is a line there without having to survey it and we would know it is directly off of the mailbox going toward the sidewalk. Mr. Kapusta stated the ARC actually recommended that also and we had it running up through the mail post. Mr. Quinn stated the Post Office would frown on that. Mr. Kapusta stated they said that you all owned the post and not the mailbox. 12

13 Mr. Walter stated would rather see it and attached to the back of the post so you could recognize that it is there instead of being hidden. Mr. Quinn stated it could be coincident with the mailbox post. Mr. Moyer stated it has always been my approach that the first time you Supervisors take a look at it and after that it is routine. We will set the parameters and issue the permit. FOURTH ORDER OF BUSINESS District Manager s Report A. Financial Statements Mr. Moyer stated the check register, Attorney invoices and Engineering invoices are included in your agenda package and would ask you to consider and approve them. Approval of Invoices 1. Check Register of invoices paid 2. Approval of Attorney invoices from Hopping Green & Sams 3. Approval of Engineering invoices from Hanson Walter On MOTION by Mr. Katz, seconded by Mr. Crow, with all in favor, approval was given to the invoices. B. Discussion of Auditing Requests for Proposal Mr. Moyer stated our contract with Hoyman Dobson, the District auditors, was for a specific period of time and we are at the end of that engagement with them. The law was changed in the last Session of the Legislature that requires when a government agency goes out for auditing proposals, they establish an auditing committee and what we have done in the past and recommend in this case, is for the Board to serve as the auditing committee. Mr. Katz asked why not have just the one person on the Board, who knows about accounting? Mr. Moyer stated it is totally up to the Board. With the solicitation it is much like engineering in that you ask for respondents to provide their credentials and qualifications and in this we are not prohibited from asking for price, which is one of the things the Board can consider. This will then go back to the auditing committee, you go through a process of ranking them and then we will enter into a contract with them. The purpose of this item on the agenda is to consider who you want to be the auditing committee. 13

14 Mr. Katz stated in the past we go through a process where the staff rates all of the different qualities and we are not proposing to do that here. This is more of an interview process. Mr. Moyer stated but it is very similar; you look at the qualifications, scoring them based upon personnel, the ability to perform the audit, the timeliness of the audit and price can be considered. These are generally the things you would look at in these proposals and come up with a ranking. Ms. James stated the deliverables would be pretty much the same under each proposal. Mr. Katz stated in the past, as part of a screening process, when we hired Mr. Walter s firm, we had certain things we were looking for professionally and we had staff rank them in terms of what they were. They wanted someone familiar with the arbitrage tax regulations and the accounting firms could prepare that for us. Ms. James stated you are talking about services beyond the audit requirements. Mr. Katz stated it would be nice to know if they had that service so if we are just looking for auditors or a full service accounting firm, at least we would know what we might get and the price might be bid separately. Mr. Quinn stated essentially it would be two sets of scoring; one lists the mandated items that they have to be able to provide and rank those based on their proficiency in providing those services. The piece that you are talking about generally becomes the tie breaker if they also provide occasional services, which are not part of the mandated process, but are things that they have the ability to do and would become a stronger candidate. Mr. Katz asked do we need the entire Board to do this? Mr. Moyer stated you can come up with a committee. It does not require the entire Board, but in the end process what usually happens is all of these proposals come to all of you on the Board, you look at them and yes, it can be accompanied by a committee recommendation, but the reality is, at the end of the day all five of you are going to make the decision on who the auditor is. Mr. Quinn stated Mr. Woodville should be part of that auditing committee as well. Mr. Woodville stated regarding the full service issue, since Enron and Sarbaine Oxley, they do not provide a lot of those services anymore because it is a conflict of interest for you to provide accounting services and then do the audit. 14

15 Mr. Moyer stated what Mr. Katz is talking about are things that we need to do in addition to the audit like arbitrage rebate calculations and perhaps a couple of other things that we would need an accounting firm to do that does not really go to the heart of auditing, but I do not think there is any prohibition against an accounting firm doing arbitrage rebate. Mr. Katz stated also consulting, advising, financial planning and auditing were okay. Mr. Quinn stated I will sit on the committee along with Ms. James and Mr. Woodville. Mr. Katz stated the meeting will have to be noticed. Ms. Wright stated you have to anyway. If it is a committee of the Board you have to notice the meeting. Ms. James asked it is still needs to be noticed because it is still a public meeting no matter how many people are there? Mr. Moyer asked Mr. Crumbaker if it is a committee, do the meetings need to be noticed if there is only one Board member? Mr. Crumbaker stated you still have to notice the committee meeting. The Sunshine law is pretty clear with regard to committees being publicly noticed even if only one Board member of the Master Board is on that committee. The purpose of that committee is fact finding and formulating a recommendation to the full Board, so it would have to be a publicly noticed meeting. Mr. Katz asked the rules say it has to be a committee of the Board? Mr. Moyer stated yes. Mr. Crow asked what is the term on this contract? Mr. Moyer stated we usually have a contract that is three to five years that is activated annually through the submission of an engagement letter. If there is a change of price they point that out in the engagement letter and if you are satisfied with the service you would go ahead and approve the engagement letters. If it is not a term-specific contract we do this every year. Mr. Katz stated when our fiscal year ends, which is September 30 and we have requirements to send in our audits no later than six months after the bond issues. Ask them where the lion s share of their clients are in terms of fiscal year ending so that we would know that if their clients are June/July clients, we would be better of with them versus September/October. 15

16 Mr. Moyer stated by the consensus of the Board we have the audit committee. On MOTION by Mr. Katz, seconded by Mr. Crow, with all in favor, approval was given to the audit committee consisting of Mr. Quinn, Ms. James and Mr. Woodville. FIFTH ORDER OF BUSINESS Staff Reports A. Attorney Corrective Deed for Artisan Park Mr. Crumbaker stated Ms. Stuart could not make it to the meeting today. You have a copy of a special warranty deed for conveyance of certain real property within Artisan Park from the District over to the Artisan Park developer. You should also have two additional documents before you that are sketches; one is a sketch of Artisan Park and it has a substantial amount of yellow or gray highlighting, the areas being identified are the areas that should be in the District s ownership. There are certain roadway shoulders, intermediate parks and things of that nature. The second sketch identifies the properties that are actually going to be conveyed back to the developer. Mr. Quinn asked is the first labeled Exhibit A? Mr. Crumbaker stated the ones that I have are not labeled. Ms. James stated they are exactly the same, but one has more shading. Mr. Crumbaker asked is Vance Carper there? Ask him if he has the ability to assist everyone in identifying the areas that are supposed to be the District s and what is being conveyed back. Mr. Quinn stated he is not here, but one of them has tract 22, tract 14, tract 15, tract 12, tract 11 and tract 10 all in gray and the other one only has an unlabeled tract. Mr. Crumbaker stated on the one that has the most gray areas, the intent is for the District to own, operate and maintain. I believe these areas have already been previously conveyed by plat or by special warranty deed, whatever the case might be. The second drawing that has the unlabeled gray areas is the area that is the subject of the deed that we want to convey back to Artisan Park. Mr. Moyer asked have you checked whether or not we still own that or was that part of the conveyance to CROA? 16

17 Mr. Crumbaker stated it is actually a part of that lot that was inadvertently conveyed. That is an area that was not conveyed to CROA; it is my understanding that it was contemplated to be an area for development, but Mr. Carper might be able to elaborate on that issue. Mr. Moyer stated we do not have anyone here from Artisan Park. Mr. Quinn asked can we table this until we get all of the parties in the same room who know all of the ins and outs of this? Mr. Crumbaker stated I think that would be a good idea. There was supposed to be a representative present to assist the Board, but unfortunately with Ms. Stuart s absence, we were not able to have as much conversation as I would have liked. I do not think there are any issues with tabling this item until the next meeting. deed? Mr. Moyer asked Mr. Katz you are not going to have a problem with a special warranty Mr. Quinn stated it might have been deeded to us and then we might have deeded it over to CROA already, which means we do not have a warranty deed. Mr. Katz stated we might have to go back to the quit-claim deed. Mr. Crumbaker stated apparently there was a change from one plat to another and the change between the two plats is what facilitated the need for that, but without my knowing more than that and a representative of Artisan Park not being present, it might be best to table this item. B. Engineer - Update Regarding Roadway Acceptance Mr. Walter stated I do not have anything specific, but I do need direction from the Board. A couple of months ago I was contacted by Tom Phelps of the Celebration K-8 School dealing with the Mulberry/Celebration crossing. His concern is that it is a safety issue and said he was told that I could help him. I recommended to him that he go to the school and the District and get a safe route to school plan together and once he got that put together then I would be happy to bring it to the Board for approval and at the Board s direction I would do whatever I could to help. He came back recently from the School District saying that they do not do safe route to school plans and that he still believed that the crosswalk needed to be put in and he needed help in getting it resolved. I work at the discretion of this Board and not the School Board, so I am here to find out if you want me to help them get that crosswalk issue resolved without a safe route to school plan. 17

18 Mr. Katz asked is it the one going to Stetson College? Mr. Walter stated no, it is the crosswalk for the K-8 at Mulberry and Celebration. Apparently there was a crossing there at one time. Mr. Katz stated the County took it out. We put it in because we thought we needed to have a crosswalk there. Mr. Walter stated he wants it back and I need the Board s approval. I talked to the County and they still believe they need a safe route school plan, but that does not mean that we cannot get the crosswalk back there, so I need direction from this Board if you want me to do this. Mr. Quinn stated the County says that you need it, but they say they do not do it. Mr. Katz stated we put in handicapped ramps to satisfy the need for the crosswalk so that it would be an accessible crosswalk. The bottom line, we thought it was needed two years ago and we thought we would put it in. If you have a way of making the County say sure, we will put it back in. Mr. Walter stated I do not know that I can, but I need your permission to find out. Mr. Katz stated please do. There is also some history about Mulberry itself and I know Jim Parker and Matt Forbes know a lot more about it, but there have been a lot of questions about perhaps making it a one-way street, but the problem was which way would it go. That is the street between Founders Park and the school. Another possibility was having the County deed over that land to the School District so they could close it and the kids could walk over to Founders Park without having traffic to deal with. A lot of things are coming up about that and should you have the chance to talk to the County and Tom Phelps, perhaps they could have that discussion again. Mr. Walter stated I will approach the County to see if I can resolve the crosswalk issue. C. District Representative There being no report, the next item followed. SIXTH ORDER OF BUSINESS Review short list for replacement law firms to provide District counsel services Mr. Quinn stated we had a timeframe on this issue that this process was going to be completed by the end of the year. Where do we stand with this? 18

19 Mr. Moyer stated Ms. Stuart went back and looked at the attorneys that practice in the area of Community Development District law and she and I have discussed it because we are both familiar with those firms. There is an Orlando firm that we think would be a good fit and that is Tom Lang with Shuffield Lowman & Wilson. This firm is general counsel for Reunion, Bonnet Creek and a couple other CDDs. I have known Mr. Lang for many years and I think he is a good fit for this District. The other firm that Mr. Walter was familiar with was the Overstreet Law Firm in Osceola County and I will let Mr. Walter give you that update. My understanding is that they were contacted and this is not an area of law that they practice and they did not have an interest in being the District s counsel. Mr. Walter stated they did not want the additional work. They said thank you very much for offering, but they are in the slow down mode and not the speed up mode. Mr. Moyer stated we can address this at our regular December meeting and if you want me to pursue this I can certainly ask Mr. Lang to attend the December meeting. Mr. Quinn stated that would be a good idea. SEVENTH ORDER OF BUSINESS Progress report on trees, alleys and other capital projects Mr. Smith stated I distributed the update on the tree replacement to you and I found out today on the Longmeadow trees, CROA approved a contract yesterday for the replacement of the trees within Longmeadow. A portion of that, which $15,449.26, is for the CDD trees in the CDD common area between the sidewalk and curb. There are approximately 34 trees that are going to be 100 gallon oak trees and we will probably have assistance from the home owners in the placement of those trees and location. There will be fewer trees in the common area than there was originally. Mr. Quinn stated but better placement. Mr. Smith stated yes. There will probably be one per house. The trees will be easier to place with the houses there because there were no houses there yet when we put them in the first time. As you go down the list, the residential trees in North Village are 98% complete. We have two trees missing, but I believe those were installed today. The rest of the residential trees in North Village have been installed. We have the common area trees on hold until we can locate the proper areas where we actually need to replace common area trees. Celebration 19

20 Village is on schedule for December 12. I will keep you updated on a monthly basis with this list so you can see where we are with the tree replacements. Mr. Katz asked do we have any issues with any of the windstorms last month? Mr. Smith stated no, but we did have a couple of trees go down. Mr. Quinn stated we lost a couple of magnolia trees and I noticed that they finally just decided to remove it because it falls over every time a breeze goes by. Mr. Smith stated the next item is the alley update. Mona Summers with Mr. Walter s office is attempting to set up a meeting with Mr. Walter, Shawn Hindle, APAC Paving and myself sometime this month. We would like to try to have them start paving towards the end of January, depending on their schedule and availability. Mr. Katz asked this is the alleys? Mr. Smith stated yes, the Celebration Village alleys. Mr. Katz stated you have to work with Mr. Eldredge and his group on the trash collection because they are having a nightmare with the trash companies. A few years ago we got the trash company to use smaller trucks to fit our alleys, but we have to be sure that we do not pave these alleys and then have them torn up by a company that does not provide the right size trucks. I would ask you to talk to CROA about their plans for garbage. Mr. Eldredge stated we are forming a trash committee and one of the things we asked them to do was contact the CDD and find out what the weight limits are. Mr. Smith stated I contacted PBS&J and they have also contacted ESI that does the soil testing and PBS&J does not have any official information, but the original alleys were designed to take construction vehicles and that means concrete trucks and they might be able to help on that information. From what they are saying, the alleys can take the weight, but it is when they drive off the pavement or they drive on the corners where they break away the pavement, which was not necessarily part of the design. Early on from the very beginning, my understanding was that the intent was to have the smaller pickup type of truck used in the alleys, but they are using larger trucks now and the biggest problem we are having is the turning radius where the alleys meet. Mr. Quinn asked it is your garbage contract and how strict are you on liability for damages they incur in the process of collecting trash? If they are using the wrong size trucks out there and they are, in fact, destroying the alley ways, what do you do about it? 20

21 Mr. Eldredge stated I know they have been held responsible in the past, but I do not know the current situation. We are moving as expeditiously as possible to get RFPs and start looking for new trash companies and that is probably a month away. Mr. Moyer stated Mr. Crow called me on the same issue so I talked to Ms. Wasson and in the specification for trash collectors, they are specifying the smaller trucks. Mr. Eldredge stated yes, that is the specification in the existing contract that they started ignoring, which caused the uproar earlier and now, the last two times, their small truck has broken down and they have not picked up trash, so they are sending the big truck. Mr. Katz asked Mr. Walter what should we do? Can we wait until CROA has a new contract before we start paving? Mr. Walter stated I think it will all work out about the same way. We are going to have a meeting in December with the contractor and see what kind of schedule he is on, so in fact, the 30 days might not be an issue for us. The truth is, if they are going to bid, we need to specify the truck size. Mr. Katz asked is the Celebration Village alley not smaller than all the rest of them? Mr. Forbes did you start making the alleys larger when you got to North Village? Mr. Forbes stated that is correct and also the corners had increased to allow the navigation of vehicles. Mr. Katz stated those are the alleys we are paving now. The trucks you are planning on having them use really have to be small to get in Celebration Village. Mr. Quinn stated also South Village. Mr. Walter stated in addition, the CDD owns three to five feet from the alleys. I would imagine it is in the CDD s purview to expand that curb radius a little bit since it is already your land. Mr. Smith stated we have done that in many locations. Mr. Quinn stated Mr. Walter, on roadway construction there is a difference between building a road to be able to handle the sharp turn with a heavy load as opposed to building a road so it would be able to handle a continuous heavy load over an extended period of time. Is that true? Mr. Walter stated roads are designed for the frequency in cycles of each 20 loads, which is the heavier trucks. For instance, an arterial roadway where you are going to have a percent 21

22 of trucks of 20% to 25% heavy loads, the cycles of that are different than the cycles for a residential street. A residential street can handle a 20% load, it just cannot handle it at the frequency that an arterial roadway is designed to handle it, so basically it is the frequency of that loading that is detrimental to the roadway. Running over the curb and turning on the pavement deteriorates the road faster. It is done through a flexible pavement design sequence of how much percentage and frequency of those heavy truckloads that are on there. If you keep the heavy truckloads to a minimum or cut those loads down by specifying lighter trucks to be in there that extends the pavement life. Mr. Quinn stated the reason I asked that question, is that information that the CROA trash committee needs to have in their possession when they are discussing these issues with company? Mr. Eldredge stated it is the same specification we have always had, so we are not specifying anything lighter than we have had for the last seven years. Mr. Quinn stated the question that was asked earlier and did not really hear an answer to was, what, in fact, is the load configuration of those alleys. Mr. Walter stated I do not know about the structural index of the alleys, but I suspect it is a standard base construction nine, six and one, so it is around two and a half. This is a fairly typical base for a city or county road and they handle the H-20 loads, which would be a garbage truck. The alley ways are designed to handle that load, it is just the frequency of them because they are so small that they keep running on and off of it. I would have to look at the specs, but if he specified an H-10 load or an H-5 loading maximum that only protects for longevity. I will be happy to take a look at your loading requirements, but one of the problems that we really need to look at is what is the minimum size truck that they can officially pick up garbage with. Mr. Eldredge stated it has always been a pick up truck and they pick it up by hand. Mr. Walter stated I am talking about the back compactor. Mr. Eldredge stated it is a smaller version of that. There is a larger version that tears up the alleys. Mr. Walter stated my suggestion is, if you could make them have single axle compactors where you do not have the duel axles on the back, you are getting a much lower loading, which will have less impact on the alleys. 22