MINUTES OF MEETING BELLA COLLINA COMMUNITY DEVELOPMENT DISTRICT

The Regular Meeting

Thursday, November 8, 2018

of at

the Bella Collina Community

9:30 a.m. at the Bella Collina

Development District was held Clubhouse, 16350 Vetta Drive,

Montverde, Florida.		
Present and constituting a quorum were:	
Randall Greene	Chairman	
David Burman	Vice Chairman	
Duane Owen	Assistant Secretary	
Dutch Holt	Assistant Secretary	
Andrew Gorrill	Assistant Secretary	
Also present were:		
George Flint	District Manager	
Jan Carpenter	District Counsel	
Andrew d' Adesky	District Counsel	
Jeff Einhouse	District Engineer	
Alan Scheerer	Field Manager	

FIRST ORDER OF BUSINESS

Mr. Flint called the meeting to order.

Roll Call

SECOND

ORDER

OF

BUSINESS

Public

Comment

Period

There being no members

of

the public present, the next item is followed.

THIRD

ORDER

OF

BUSINESS

Organizational

Matters

A.

Administration

of

Oaths

of

Office to Newly Elected

Board

Members

Mr. Flint: Just prior to go ahead and administer Landowners' Meeting: Mr.

to the Board Meeting, we had the Landowners' Meeting, so we need		
the	Oaths of Office to the three individuals that were elected in the		
			
Greene, Mr. Holt, and Mr. Gorrill. Mr. Flint being a Notary Public of		

the State

of

Florida,

administered the

Oath

of

Office

to

Mr.

Green,

Mr.

Holt

and

Mr.

Gorrill.

Mr. Flint: Okay, if at the top where the blank

you could sign where is. Since you all were

it says Board Supervisor and print current members of the Board, we

your name up don't need to

November 8, 2018

Bella

Collina

CDD

go through Public

Records

or

the Sunshine Law, other than you will

continue

to be mailed the

Form

1 -

Financial Disclosure done

by

the

Supervisor

of

Elections.

It's

due

by

July

l5	•	
	1	

B.	Consideration	of Resolution 2019-01	Canvasing and Certifying the Results		
					
	Landowners' Election			

of

the

Mr. Flint: Every time	we	hold a	Landowners' Election, the	Board sits as the canvasing		

Board that certifies the results of the	Landowners' Election, so we			
				provided you with a resolution		
in your agenda,					Mr.  Gorrill, and Mr. Holt's		
Resolution 2019-01, and we will insert Mr. Greene,			

names

with

579 and 578 votes, respectably.

Any

questions

on

the

Resolution?

On MOTION by Mr.			
Burman, seconded by Mr. Greene,		
favor, Resolution 2019-01	Canvasing and Certifying the		
the			
	was approved.		
Landowners' Election,			

with all in Results of

C.

Election

of

Officers

Mr.	Flint: The	
	Statutes provide that each time	
elect officers, so we have included Resolution 2019-02	

you have an election, you are required to in your agenda electing officers.

D.

Consideration

of

Resolution 2019-02 Electing Officers

Mr.  Flint:  It  designates		a	Chairman,  Vice  Chairman,  Secretary,  Treasurer,  Assistant		
							
Secretaries, and Assistant	Treasurers. You can take each seat individually, or if a Board Member		
			
wants to						all at once. Currently, Mr. Greene is Chairman, Mr.		
nominate a slate, we can handle them			
Burman is Vice Chairman, Mr.	Owen, Mr. Gorrill, and Mr. Holt are		
							Assistant Secretaries, and		
Ariel Lovera is Treasurer. Is there a desire to	change those or	does the Board want to keep the		
									
same officers?									
Mr. Burman: I make a	motion to keep it the same.			
					
On MOTION by Mr. Holt, seconded by Mr. Greene, with all in favor,		
Resolution 2019-02	Electing the Slate of Officers,	was approved.		

FOURTH ORDER

OF

BUSINESS

Approval of Minutes
Meeting

of

October

11,

2018

Mr.

Flint:

Did

the

Board

have

any

comments

on those?

If

none, is there a motion to approve

them?

2

November 8, 2018	Bella Collina CDD		

On MOTION by Mr. Greene, seconded		
favor, the	Minutes of October 11, 2018		
presented.			

by Mr. Burman, with all Meeting, were approved

in as

FIFfH

ORDER OF BUSINESS

Consideration of 2019-03

Fiscal Year 2018 Budget

Amending  the

Mr. Flint: The District is		if the total expenditures exceed the total budget in a		
		required,			
particular fund, to amend the budget	within 60 days of the end of the fiscal year, which would be		
					
the end of this						
	month. So, we have included in your agenda Resolution 2019-03, it is amending		
the Water & Sewer Enterprise Fund budget, and increasing the revenue by $153,422 and increasing		
the expenses by $153,422. Basically, this lines up our		
					revenue with our actuals and our expenses		
with our		the largest					
actions, one of						
		expenses was the repairs and maintenance. We have done a		
number of	repairs to the	plants that was not specifically budgeted, although we do have funds		
				
available for emergency						
	items. Any questions on the		
					proposed budget amendment?		
	On MOTION by Mr. Burman,	seconded by Mr. Greene, with all in		
	favor, Resolution 2019-03 Amending the Fiscal Year 2018 Budget,		
	was approved.					

SIXTH ORDER OF BUSINESS

Consideration of Proposals for WWTP Maintenance Berm Construction

Mr. Flint: We have a couple of				
				proposals.  At the berm at the wastewater plant, there is a		
small holding pond, and when our Environmental Engineer Jim Boyd inspected the plant as part		
of our permit requirements, it's in the	packet. When Jim Boyd was inspecting the water and		
							
wastewater plants and the ponds, he noticed that the holding pond was receiving storm water runoff		
from the area around it, and it is not designed as a storm water pond it's designed as a holding		
pond  for  any	access  flow	or  reclaimed.  As  a  result	of that,  part  of his  inspection  and		
					
recommendations is that the pond berm needs to be regraded so that the storm water is directed		
away from that pond.							
Mr. Scheerer: We had solicited 3 different companies:		
						Camcor out of Osceola County, who		
we have done work with, All-Terrain	Services, who we have done work with, and then Kodiak		
						
that does  work with	Tom	Felton,  who  is  with  General  utilities  and  operates  the  water and		
					
wastewater facility for Bella Cpllina CDD. We did not get a		
						response from Camcor, I'm not sure		
why. All-Terrain was	obviously the most expensive of the 2	quotes. I asked Kodiak to break down		

their		I handed out today-as to how they got to their $29,225.		
number-which			

3

November

8,

2018

Bella Collina

CDD

Mr. pavement?

Owen:  What  was  the  reason  why

we

were  moving  the  1600-square-feet

of

the

Mr. Scheerer: There is a part of that					
							driveway that comes into the		
										plant that goes virtually		
up to the edge of the pond.									
Mr. Flint:	You can see it attached to the All-Terrain. It	might help to look at that.		
Mr.											
	Greene: Was the berm degraded?					
Mr. Scheerer: No, that's the way it was	designed when it was first installed. There is also		
										
an old pump unit there that needs to be	moved. It just needs to be relocated. We're not going to		
									
throw away or anything.									
Mr.	It's	interesting that All-					
	Flint:							
							Terrain has bid the side alone for $26,000.		
Mr.											
	Scheerer: They are bidding 50,000 square feet a side.			
Mr. Greene: How many square feet a side did you say?				
Mr. Scheerer: 50,000.								
Mr. Flint:	Our	recommendation because Kodiak does work with General Utilities, who is		
					
the plant												
operator, and they are	obviously the low bidder, we believe that they are qualified to do		
								
the work. They understand what needs to be done.				
Mr. Scheerer:										
		They are licensed and insured, which they have		
										forwarded me copies of all		
of that.												
Mr.	d' Adesky:	And we would obviously prepare a contract that has		
										indemnification, our		
typical 30-day out, and other	insurance provisions in it.				
									
Mr.	Scheerer: There is a	requirement that needs to be performed by the contractor prior to		
								
the work starting this fall.									
Mr. Flint:	Jim Boyd provided the grating				
								plan, so they were both provided a grating plan.		
Mr.	Scheerer: All we	had to do was hand	them to a				
								contractor, and they bid the exact same		
thing. I've got a copy on my	iPad, I can pull it up.				
								
Mr.	Flint:	We	are happy to get other pricing if there are other		
										contractors that anyone is		
familiar		you would recommend, but we believe we	are			
with that			okay to go forward with the		
												
Kodiak proposal if the	Board is comfortable with it.				
							
Mr. Greene:  George,		I would be afraid to go out and get it re-bid because Kodiak will		
realize they made a big mistake.							
Mr.	Flint: We might see a						
						change order anyways.				

4

November

8,

2018

Bella Collina COD

Mr. the scope. Mr. Mr.

Greene: That's why I was asking	if we went and				
because		looked at the broad end		
				
Scheerer: Yes sir.					
Flint: If the Board is okay, is there a motion to				
	approve the Kodiak proposal?		
On MOTION by Mr. Greene, seconded by Mr.		favor,		
	Holt, with all in			
the  Proposal  for  WWTP  Maintenance  Berm  Construction  from		
Kodiak Environmental Contraction, LLC was approved.				

of

SEVENTH ORDER OF BUSINESS	Staff Reports		
		A.  Attorney							
		Mr. Flint: Andrew, do you have anything?				
		Mr. d' Adesky:							
				Yes, let me just update everyone on where we are regarding the expansion		
procedure and what has	expired to this day. We	have had some	conversations with the Chairman		

regarding what has							
				gone on, but I'm just					
						going to inform the whole		
									Board. We received all of the		
necessary engineer exhibits, and we were prepared to submit to the state, but the prior step to that		
is to submit to both the							
				County we are in, which is Lake				
							County, as well as any municipality which		
we	border. In this case, we					
						border Monte Verde.	They have the option of		
									holding a public hearing		
of their own to have a							
				recommendation and submit a recommendation to the State as to whether		
or not to approve our expansion. Once again, it is a recommendation to the State, and that is an		
optional hearing, but we	have to provide them	with a chance to hold that hearing prior to our		

submission to the state. We					
						submitted a letter on October 18	th			
								and we sent it out to both the City		
and the County.	We've	called both of					
						them to let them know it is coming. That included our		
petition, a	filing fee-we		had to pay both of them a $1,500 filing	fee-as well as our entire petition		
								
package. We also included a cover letter, which indicated please check here whether or not you		
are	going to hold a public hearing. In the past, they haven't wasted the time and money hearing		
			
holding a public hearing. Just like these meetings cost us money, holding an extra public hearing		
costs them								
			money. In the past, it is					
						something they haven't chosen to exercise. To date, we haven't		
received a response from them as to whether or not they are going to hold a public hearing. We		
have had telephone conversations with Montverde and their Counsel, and they have indicated that		
they do	oppose our expansion at this time, but they haven't indicated that they will hold a public		
				
hearing.										

5

November

8,2018

Bella Collina CDD

Mr.

hearing?

Gorrill:

Do

they have a time frame that they

have

to

respond

and

hold

that

public

Mr.

d'

Adesky:

There

is no particular time frame

for

them

to

hold

the

public hearing,

but

to

respond.											
Ms.			There isn't a time frame, and their argument is under the Utility Agreement		
	Carpenter:				
as opposed to the	expansion. So, we	have provided them with information that they requested, they		
					
supposedly had an									
		internal meeting and made their				
							decision, but they do not have a time frame.		
Mr. d'Adesky:		They did indicate that they would come to	our public hearing, because we		
are required to hold a public hearing on this matter	when we are finalizing this, and once we have		
submitted to the state. So, they have	indicated for	us to tell them	when we are having our public		
										
meeting, because	they		are going to come here and object at our meeting. Procedurally, we are		
going to give them a call saying that	we sent them the letter, to please respond to us, and	send them		
one final letter saying,	please tell us whether or not you are holding your hearing by	'X' date,		
							
giving them another 2		weeks or so,	or we will file	with the State under the assumption that you		
								
will not hold the hearing. So, that is	where we are at right now with the procedure.			
								
Mr.	Greene: What are the chances of them filing a lawsuit against the CDD to stop us?		
Ms.	Carpenter:		We don't know yet, but we	have provided them the information showing		
						
that the utility connection is within the CDD, that the CDD is providing the service, and	they have		
not											
responded since they got that information.					
Mr.	d'Adesky:	Colloquially, an injunctive relief is fairly expensive to try to pursue; you're		
talking about tens	of thousands of dollars in both filing fees and				
							attorney's costs to actually proceed		
with that.											
Ms. Carpenter:	Also, it							
				would be tough because monetary	damages wouldn't cover it. We		
										
just need to find out what it really is that they want from the CDD.			
Mr.	d' Adesky: Once again, under the statute they have a				
							recommendation, not a final say.		
So, that is where we are at with that.							

B.

Engineer Mr. Flint: Jeff, do you have anything? Mr. Einhouse: I don't have anything.

C.

District Manager's Report			
i.	Approval of	the Check Registers		

6

November 8, 2018		Bella Collina CDD		
				
Mr. Flint: You have the check			
	register for October for the General Fund, Enterprise Fund,		
Enterprise Reserves, and	check register? If not, is		
	Payroll of $77,246.55. Any questions on the			
there a motion to approve?			
On MOTION by Mr. Holt, seconded by Mr. Greene, with all in favor,		
the Check Register for the month October, totaling $77,246.55, was		
approved.				
ii.	Balance Sheet and Income Statement			

Mr. there's any

Flint: You have the unaudited financial questions, we can discuss those.

statements

through

the

end

of

September.

If

iii.

SBA Florida PRIME Monthly Summary Report

There

is

Mr. Flint: Then you no action required on

have the State Board either of those.

of

Administration Investment monthly report.

EIGHTH ORDER

OF

BUSINESS

Other Business

Mr. Flint: I received an email from Jim Boyd who is the			
District's Environmental Engineer,		
and he is looking at the Consumptive Use Permit issue and			
issues with usage and renewal of that.		
He is comparing what is produced by the water plants versus what is		
	billed. One of the things you		
look at is water loss;			
anything over 10% is an issue from a permit	perspective. We have two water		
			
plants, two different	found that we are exceeding the		
permits, so he did 2 different analyses. He's			
allowable water loss. On the Hillcrest side, it's an excess of 20%	, so we are going to be working		
with the plant operators, with our contractor, Utility Technicians, that does our meter readings, as		
well as The Club landscape			
contractor's POA and come up with a plan on how we will look into		
that. Whether it's unmetered connections, which may be a possibility, bad meters, etc. there's a		
number of different things that can cause that. We will be working on that, and we will bring back		
the information to the			
Board at a future meeting.			
Mr. Greene: What was the percentage on the other side?			
Mr. Flint: It exceeded 10%, but it wasn't as bad as the			
Hillcrest side. The Hillcrest side for		
some reason was higher. I will be updating the Board at a future meeting about what our findings		
are.			
Mr. Burman: These			
connections that the builders are making without telling anybody, that		
could be a cause.			

7

November 8, 2018	Bella Collina CDD		
			
Mr. Flint: It could			
partially be a cause, but the			
percentage that we are talking about, we will		
need to look into it			
further. We will get back with the Board on it. When we have builders connect		
without a meter, we typically find			
it pretty quick. We haven't had any recently with that situation,		
and normally it's just for construction water when they do it so the usage	is not significant. I will		
update at the next meeting on where we are with that issue, but we will be	looking into that.		

NINTH ORDER OF BUSINESS Hearing none, the next item is followed.

Supervisor's

Requests

TENTH

ORDER

OF

BUSINESS

Adjournment

Flint: Hearing no other business, is there a motion to adjourn?

On MOTION by Mr. Greene, seconded by Mr. favor, the meeting was adjourned.

Burman,

with

all

in

o

_\

s

~-

Secretary/Assistant Secretary

8