MINUTES OF MEETING SIX MILE CREEK COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Six Mile Creek Community Development District was held on Wednesday, August 16, 2023 at 2:05 p.m. at the Renaissance World Golf Village Resort, 500 South Legacy Trail, St. Augustine, Florida. Present and constituting a quorum were: Gregg Kern Chairman Wendy Hartley Vice Chairperson Darren Glynn Supervisor Michelle Sutton Supervisor Barbara Bland Supervisor Also, present were: Jim Oliver District Manager Wes Haber District Counsel Alex Boyer Operations Manager Zach Brecht by phone District Engineer Kevin Anderson Dream Finder Homes Joe Cornelison GreenPointe Stephanie Douglas Operations Michelle Sharp FSR Terrence Rose FSR Colleen Specht FSR The following is a summary of the actions taken at the August 16, 2023 Six Mile Creek Community Development District’s regular Board of Supervisor’s Meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Oliver called the meeting to order at 2:05 p.m. Five Supervisors were in attendance at the meeting constituting a quorum. DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 2 SECOND ORDER OF BUSINESS Audience Comments Mr. Oliver explained audience comments are about items on today’s agenda. We will also have some hearings regarding the budget and assessment. If you have any questions regarding the budget or assessments if you can hold those comments to that section of the hearing. Then there will be a public hearing adopting rates and also regarding suspension and termination of privileges language for the amenity policies for both Reverie and Trailmark as a whole, it would be great if you can hold those comments until that part of the meeting. Finally, toward the end of the meeting under item 10 if there are any audience comments whether on the agenda or not regarding CDD matters you can bring those up at that point. THIRD ORDER OF BUSINESS Approval of Consent Agenda A. Engineer Items REQUISITIONS 1. Consideration of Requisitions 195 – 196 2021 Capital Improvement Revenue Bonds, Assessment Area 3, Phase 1 (Phases 9 & 11) 2. Consideration of Requisition 59 – 60 2021 Capital Improvement Revenue Bonds, Assessment Area 3, Phase 2 (Phase 10) 3. Consideration of Requisitions 135 – 140 2021 Capital Improvement and Refunding Revenue Bonds (AA2, Phase 3B)(East Parcel Phase 2) 4. Consideration of Requisitions 13 – 21 Capital Improvement Revenue Bonds – Series 2023 (2023 Project Area) (AA2 Phase 3C & AA3 Phase 3) Mr. Kern stated we are approving the consent agenda at least the requisitions and the change orders that were provided under separate cover that differs slightly from what is in the agenda package, with the remaining items being the same. CHANGE ORDERS 1. Jax Utilities Management, Inc. – Change Order No. 6 Trailmark Phase 12 2. Change Orders 1 – 3 Carlton Construction Trailmark Amenity Expansion Project B. Ratification of Agreements 1. Tree Amigos 2. OnPlace C. Balance Sheet as of July 31, 2023 and Statement of Revenues and Expenses for the Period Ending July 31, 2023 D. Assessment Receipt Schedule DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 3 E. Check Register On MOTION by Mr. Kern, seconded by Ms. Hartley, with all in favor, the Consent Agenda Items, were approved as presented. FOURTH ORDER OF BUSINESS Fiscal Year 2023/2024 Budget A. Overview of Budget Mr. Oliver stated this will be an overview of the budget. The general fund budget is also known as the operations and maintenance budget and this is for maintaining and operating all of the infrastructure that was built with the bond funds that have been issued throughout the history of the District. He noted there have been 10 bond issues to this point. He noted there are two general fund budgets. Pages one and two of the general fund budget covers all of Trailmark and that is all property owners in Trailmark whether they are within Reverie or not. The important thing to note about this budget is although the budget has gone up, assessments on a per unit basis stayed the same. This is because there are more platted units paying full rate on that budget and that started with last year’s budget. The next budget is the Reverie budget, and those assessments are only on the Reverie property owners to maintain all of the infrastructure that is within the Reverie which is for exclusive use by Reverie property owners and their guests. Also, that budget unlike the Trailmark budget, which is solely operated based on assessments, when we talk about t the Reverie budget, that is operated on the assessments on the platted lots, assessments on the unplatted areas, and also developer contributions. Mr. Oliver stated first the Trailmark budget has an increase of about $218,000. The administrative section for all of Trailmark to include Reverie as there is one administrative budget for the District and not two different ones. He noted it goes up in total about $24,000. One of the biggest parts of that is tied to increases with inflation but also tied to the many bond issues, 10 right now, you do see increases in both the cost of the audits and also dissemination with more bonds being maintained there. The next section is Operations and Maintenance. This section has had a $125,000 increase. One of the biggest drivers of that is property insurance. CDDs within Florida are seeing some pretty high increases in property insurance. He noted this one with an actual of about $29,000, we expect to have about a 41% increase and that is why it is budgeted just under $42,000. We will not sign a policy until September of this year after we are partway through hurricane season. He noted they have reached out to other insurance companies that specialize in DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 4 governmental insurance to see if they can achieve the savings and still get the coverage needed, we will bring that before the Board for approval. There is not much change in the landscape contract going from $300,000 to $320,000. There are some other smaller increases in the different line items with one of the biggest ones being irrigation maintenance going from $30,000 to almost $75,000. He noted the important thing to note about this budget is if we do overfund a particular line item, this Board has the ability to amend the budget and move money from one line item to another. Also, he noted there are some pretty large projects happening hopefully beginning at the end of this fiscal year but going into the next fiscal year. What the budget covers, the budget covers but the developer mentioned at the meeting that he would assist with anything that the budget does not cover. The next section is the amenity section with a total of $433,000 to $451,000 which is an increase of roughly $18,000. He noted the janitorial services were talked about last meeting and were at three days a week and the vendor has been changed to Keen on Klean. Originally, we contracted for three days a week and now it will be four days a week so that will come in at $30,000. He noted looking across the assessment table, you will see the net assessment is $900 per unit so when you gross that up by 6% that comes out to right at $957,000. He noted there is a 2% fee collected by the tax collector of the assessments are included on the property tax bills that are sent on November 1st. He noted also there is a 4% discount that is incorporated into the assessment so for those property owners who pay their tax bills by November 30th, their assessment is reduced by 4%. Mr. Oliver presented the budget for Reverie. He noted this budget has gone up approximately $268,000. Total revenues are expected to go from $680,000 to $948,000. He noted assessments are going up for the platted lots and also developer contributions are going up. Assessments on the tax roll go from under $200,000 to just over $403,000. The developer contributions at this point usually are ramping down but this one actually goes up about $61,000 from $482,000 to $543,000. Mr. Oliver stated there is no administrative budget for this District as it is covered by the administrative budget for Trailmark. He noted it is all one CDD. He noted a small increase in operations and maintenance from $324,000 to $347,000 for an increase of $23,000. He noted one of the biggest ones is tied to the entry gates and that shows a cost increase from about $22,000 to $40,000. The electric budget was budgeted at zero last year and looks like tracking this year to come in just over $5,000 so that is budgeted at $8,000 right now. He noted the amenity center shows some significant growth. The expenditure goes from $355,000 to DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 5 $522,000. He stated much of this is facility management on site administration and that goes up about $100,000. This is tied to the contract that was approved at the last meeting so there will be more on-site management services. He noted also pool maintenance goes up $15,000 from $30,000 to $45,000 and that was based on some of the feedback received. Other line items such as special events, holiday decorations, and repairs and maintenance go up by about $57,000. Property insurance increases because there was no property last year until during the fiscal year, we did not write a policy until we actually had improvements conveyed over to the District when they were completed. He noted they are billed at $20,000 for a partial year and with that more items coming online, we have a projection of property insurance to come in right at about $72,000. Mr. Oliver stated last year the assessment was at $500 net assessment and this year we have noticed a pre unit on net basis of $1020. The gross amount would be $1,085. He stated this is not a use it or lose it budget. He noted if it were a surplus, it would carry over to subsequent fiscal years. I do think from the makeup of this budget, there is not going to be a carry forward surplus because it is going to be heavily funded by developer contributions. Mr. Haber stated to Jim’s point of, if not use it or lose it so that only relates to assessments primarily Reverie you will see the amount of assessments is less than the total amount of the budget. If the total costs for Reverie are lower than what is budgeted, the developer will be billed for only the actual amount that it takes to operate Reverie for that fiscal year. The agreement does not obligate them to pay that full budgeted amount. B. Board Discussion Mr. Oliver stated the developer is funding the difference between assessments collected and actual expenditures. Mr. Kern stated often times if it goes over, the developer does step in and take over some of the things. Mr. Oliver replied that the developer funding obligation is for the amount of the adopted budget. Mr. Kern asked the status of that developer funding. Mr. Haber stated it would be the same form of agreement that they have had in the past with the difference being the amounts that will be in it. Once you adopt the budget, we will finalize that and provide it to Dream Finders for execution. Mr. Kern asked if the adoption today needs to be subject to that agreement. Mr. Haber stated yes, if for some reason they did not sign that agreement, it would significantly impact this budget and we would need to make changes to address the revenue amounts. He stated they can adopt the resolution and note that it is subject to the finalization of that agreement for purposes of confirming the developers attributed amount for revenue. DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 6 C. Public Hearing Adopting the Budget for Fiscal Year 2023/2024 Mr. Oliver asked for a motion to open the public hearing and if we have people that want to make comments on Trailmark come up first and people to comment on Reverie come up second. On MOTION by Mr. Kern, seconded by Ms. Bland, with all in favor, Opening the Public Hearing, was approved. Mr. Oliver asked for any comments. Mr. Oliver stated that everyone who owns property at Trailmark pays assessments in Trailmark and then everyone within Reverie also pays assessments to maintain and operate everything that is within Reverie. Mr. Oliver stated every year the Board of Supervisors will need to have a budget hearing and it will be up to the Board with input from residents on what the assessments will be. A resident asked if the roads were county owned. Mr. Oliver stated some are. Resident asked if the Trailmark roads and the roads that are county owned, is street cleaning provided by the county. Mr. Kern stated he is not aware if that is a county provided service. He noted we have the ability to fund that if we feel needed to clean. She asked about the capital reserve, there is a $50,000 allocation that goes to this coming project and there was nothing for last year. Is this something that has not happened before? Mr. Oliver stated that $50,000 is in place for this year. This FY24 budget is allocating $50,000 of the assessments to go into the capital reserve account so this is money not yet seen. A resident from Reverie asked about the entry gate access and how it is going up to $40,000. She noted she understands the gates open from 7 a.m. to 7 p.m. but feels they are not utilizing them to monitor the gates because the visitors are not going through the visitor’s side and just coming through the gate. She asked why they are paying during that time, and it is not reduced as they are not utilizing the service. Mr. Oliver stated he does not know that a reduced rate would be provided based on the hours of use of the gate. Mr. Oliver stated he will look into it. A resident asked what is included in the late contract and late contingency? Mr. Oliver stated that they are two different contracts, one to Trailmark and one specific to Reverie. This is for maintenance of the storm water management facilities or ponds. It is all part of the storm water management system for the treatment that the provider comes out and maintains the ponds, largely to treat algae and other growth in the ponds. This contract is once per month plus call backs. DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 7 A resident stated the treatment does not seem to be working at least with the Reverie ponds. Mr. Oliver stated the vendor is providing some additional proposals to take care of some of the trouble areas. A resident asked if the O&M for Trailmark is not going up this year. Mr. Oliver stated yes. A resident asked if the reserve is what they have been asking for since 2017 or a reserve that is something else. Mr. Oliver stated it is a reserve that can be used by the Board for any legal use, so it is not necessarily designated for a specific project but in general the reserves are collected for the repairs and replacement of capital assessments within the District. She asked if it is not the reserve that they were going to check into to start so when the developer is no longer and we have to take over all of fixing things, so that is not the reserve. Mr. Oliver stated it is certainly the beginning of it. Resident (George) from Trailmark asked about the 41% increase in the insurance, who is going to go after that and beat the daylights out of the insurance companies to lower their rates. Mr. Oliver stated they are reaching out to firms that specialize in this. He noted they do want a company that specializes in public and governmental entities. Mr. Kern stated as the District continues to grow our asset pool increases so we have more to insure and it’s not purely a rate increase. George from Trailmark asked about the “use it or lose it” on the budget. Mr. Oliver stated there is no incentive to spend all of that money and by good stewardship if you have money at the end it stays with the District and is not turned into some higher level of government. Resident (Barbara) rom Reverie asked if the budget is covering the cleanup for the ponds. Mr. Oliver stated yes. Resident from Trailmark asked about the landscaping for Trailmark, does it cover the pond line area between Wilgrove and Wineberry because nothing is done back there and it’s just becoming a mess. Mr. Oliver stated they just finalized an agreement on this. We have some areas that actually need to be bushhogged first before we can actually get a mower so we are waiting for that proposal to come through to start cutting it back. He noted we actually just did a site visit today for boundaries. He requested the engineer to get a wetland map because there are some areas that we want to make sure we are not cutting wetland. The goal is to be mobilized within the next couple of weeks to get that easement taken care of. She asked if they will be landscaping that as well or just mowing. He noted right now mowing is the only thing in this scope. Mr. Kern stated the intent overall is to be like the areas further North in the community is to be maintained included DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 8 in the landscape maintenance contracts. There is an intent to improve those areas overall. We are bound by what FBL will allow as they do not allow a lot of improvements within their easement. Resident from Trailmark asked about security patrol. Mr. Oliver stated they use off duty St. Johns Sherriff’s Deputy to patrol the neighborhoods and we do not announce their patterns. She asked about the vandalism at the amenity center. Mr. Oliver stated they are aware of the issue and there are some staffing changes being made related to those issues. He noted later on in the meeting we will consider more robust suspension and restitution policies. If someone is caught, they will be prosecuted but also suspended from using the recreational facilities at Trailmark. Resident from Reverie stated the amenity center is complete at Reverie and most of the people over 55 are using the amenity center so is there any possibility in the future that our share of $957 could be considered to be reduced because we are using more of the amenity center in Reverie. Mr. Oliver stated not for discussion today but hypothetically that is something that this Board and future Boards can consider so certainly not out of the realm. Mr. Oliver asked for a motion to close the public hearing. On MOTION by Mr. Kern, seconded by Ms. Sutton, with all in favor, Closing the Public Hearing, was approved. 1. Consideration Resolution 2023-11, Relating to the Annual Appropriations and Adopting the Budget for Fiscal Year 2024 Mr. Haber stated the substance of the resolution is what we just discussed, the budget. This is a process, sixty days ago you approved the proposed budget has been noted on record and the budget has been reviewed at subsequent meetings to ultimately arrive at what we have today. He noted your adoption of this resolution formally adopts those budgets. He noted the one thing to note on record as your Chair mentioned in particular the Reverie budget is contingent upon getting the developer funding agreement executed. We anticipate getting that executed shortly after today’s meeting now that we have these numbers to put in that agreement. If there is problem for some reason getting that budget signed, we would come back to you and let you know when there may be adjustments to that budget but do not anticipate that to be the case. Your adoption of this resolution will formally adopt these budgets and they will be placed on the CDD’s website and starting October 1, 2023 through September 20, 2024 that is your budget. He noted dollar amounts can be shifted from item to item and you can increase the budget without identifying a separate DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 9 revenue source which you are unlikely to do during that year. This is your final step in formally adopting the budget. On MOTION by Mr. Kern, seconded by Ms. Hartley, with all in favor, Resolution 2023-11, Relating to the Annual Appropriations and Adopting the Budget for Fiscal Year 2024 Subject to the Funding Agreement with the Developer, was approved. 2. Consideration of Resolution 2023-12, Imposing Special Assessments and Certifying an Assessment Roll for Fiscal Year 2024 Mr. Oliver stated these assessments are not only put on the property tax bills for the landowners out there, but we also have assessments for the developer of Reverie which is not included in the developer funding agreement. Mr. Oliver asked for a motion to open the public hearing to levy assessments. On MOTION by Mr. Kern, seconded by Ms. Bland, with all in favor, Opening the Public Hearing, was approved. Mr. Oliver asked for any comments on assessments and how they are collected. He stated that the assessments are collected on the property tax bill. Mr. Haber stated this resolution formally imposes those assessments and it certifies the assessments for collection. On MOTION by Mr. Kern, seconded by Ms. Bland, with all in favor, Closing the Public Hearing, was approved. On MOTION by Ms. Bland, seconded by Mr. Kern, with all in favor, Resolution 2023-12 Imposing Special Assessments and Certifying an Assessment Roll for Fiscal Year 2024, was approved. FIFTH ORDER OF BUSINESS Consideration of Agreements: A. Amended Evergreen Mr. Oliver stated this agreement is not completed yet to bring to the Board. Once this is reviewed, completed, and executed, we will bring this back to the Board for ratification. DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 10 B. Agreement with First Service Residential for Staffing at Reverie Amenity Center Mr. Oliver stated this agreement is not completed yet to bring to the Board. Once this is reviewed, completed, and executed, we will bring this back to the Board for ratification. SIXTH ORDER OF BUSINESS Public Hearing Adopting Rates and Suspension and Termination of Privileges Regarding District Amenity Facilities, Resolution 2023-13 Mr. Oliver stated they are considering raising the nonresident user fee for Reverie from $3,000 a year to $4,000 a year. He noted this means if a nonresident wanted to use those facilities, we have to provide access because these facilities were built with tax exempt bonds and there are certain requirements that we have to allow access but this rate is eventually adopted, it would cost someone $4,000 for that privilege. He noted there are many other CDDs that some people go to with a lesser fee than $4,000. He noted the other will be about making our suspension policy stronger. We will cover both of those items. Mr. Haber stated this process requires a public hearing so will provide some explanation but will need to open the public hearing at some point to allow public comment. He noted as Jim mentioned, the first aspect of this is the rate at $4,000. The Reverie improvements are for only Reverie residents which is generally true but if someone chooses to take advantage of this, it is the only other way that the Reverie recreation improvements can be used by someone other than Reverie residents or their guests. The next part is suspension and termination privileges. He noted the suspension and termination privileges that were included in both of the policies for Trailmark as well as the policies for Reverie were similar to suspension and termination policies included in amenity policies for a number of the CDDs that my office represents throughout the state. He noted there are issues that arise from time to time that my office sought to address by preparing the policies in front of you that we are recommending and trying to roll out to all of the Districts that we represent that own and operate and maintain amenity facilities. It is common for these policies to have a three-strike process. Rather than having the three-strike process, the policies in front of you give discretion to staff at the time that the violation takes place and then ultimately this Board to make a determination on the duration of the suspension. He stated the other thing is related to property damage. If someone vandalizes property and damages the property in addition to suspending them, you have the right to obligate them to reimburse the District for the damage they DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 11 caused to the District’s property. These policies provide for that and in addition provide that suspension will remain in place until the District is reimbursed. This also provides for administrative costs. This shifts legal fees to the violator and again the requirement to pay those would go in connection with the suspension and would last even if the suspension period expires. He noted the goal is to try and strengthen the suspension and termination process and also try to alleviate protest or contest or appeals. It does provide that appeal process because it is due process. You are taking someone’s right away to use facilities that they are paying for by paying their assessments, that is why we are adopting this at a public hearing as opposed to the vast majority of other policies. Mr. Haber asked for any questions. Mr. Oliver asked for a motion to open the public hearing. On MOTION by Ms. Hartley, seconded by Mr. Kern, with all in favor, Opening the Public Hearing, was approved. Mr. Oliver stated the public hearing is open and he asked for any audience member comments. Resident (Susan Newman) asked when you say staff, what staff do we have at Trailmark that can go to somebody and say get out. We do not have anybody that has that authority to reinforce your suspension and termination. She noted there is nobody to investigate at the pool. Mr. Oliver stated staff that sees action that is not in keeping with the District’s policy they have the right to tell that person to leave. She noted there is no staff. Mr. Oliver stated there are policies in place and will be enforced. It will be a step approach. He noted not only will someone be asked to behave or leave, when it goes beyond parents being involved, it will come to my desk and after looking at the facts I will write an interim suspension letter saying you have been suspended until the next meeting and have every right to come to the meeting and give the Board of Supervisors your version of events. He noted people often do not show up. If that is the case, the Board can go ahead and make that suspension based on the facts that they have. He noted sometimes it is a suspension for one month or sometimes a yearlong suspension. The Board stated we have talked about resources to help. Mr. Oliver stated there are new contracts in motion staffing at Reverie and staffing at Trailmark. He noted it is part of the big plan. He noted this Board is serious about making people comply with the policies they signed up for when they got their access cards. Mr. Kern stated enforcement is always an ongoing evaluation of how do we effectively enforce. We DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 12 are looking at some additional agreements beyond what we have already approved such as facilities type monitor and those kinds of services. The other aspect is we do expect staff to have the authority to ask people to follow the policies and maybe leave if that is the case. He noted if it gets too contentious, we are not going to put them in a harmful situation. They can still report that to District Manager or to any Board member and then we can take appropriate action. If it comes to a legal perspective, we can always call the Sheriff’s office and let law enforcement handle that. She suggested that all of the regulations need to be made clear in things posted around such as by the age for certain facilities and make clear what age is appropriate at each place as that has never been updated. She stated if you are going to have something in place where you enforce consequences then you need to have it clearly posted what the regulations are as to what, who, and when you are supposed to be able to use the amenity center. Resident (Randi Simmons) stated you mentioned suspension for 30 days or maybe up to a year. Legally can you cut off somebody’s fob for more than 30 days. Secondly, talking about getting a facilities manager there, what are the office hours of the office people because is that who we are supposed to go tell if there is an issue at the pool? How would you get their information to suspend them? Mr. Oliver stated he definitely wants you to tell the staff and let them know and they will prepare an incident report and send it to me so that will start the process. Randy asked when will there be a facility manager because if no one is in the office and it is 7:00 at night and people are still at the pool and that is when people might get rowdy, there is no one to do an incident report, how are we supposed to know if there are no cameras there to even show what the issue was to report the people? If no one is in the office, you can tell us the next day. Mr. Oliver stated things are going to get better with the camera system that we have purchased, the off-duty deputy’s and with the suspension program. We realize there will be some nonresidents there and this happens at every District and not unique to Trailmark but there will be ways of dealing with that including issuing trespass warrants for these people. Resident asked if there is any wiggle room since we are getting another lap pool, to get some indoor showers that work at the pool. The showers that are there now do not work. Mr. Kern stated he is not familiar enough with the plans to know if there is another shower included but will look to see. Resident asked regarding the termination of amenity privileges and suspension, is there protection for the staff. Is there is liability insurance on the staff if they confront somebody and DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 13 are subsequently sued and is it in the current insurance that we are paying. Mr. Oliver stated we do have public officials’ liability insurance and also have a resolution protecting staff. Mr. Haber stated in the agreements that we enter into with the people that are providing the staff, they are obligated to provide insurance and also obligated to indemnify the District. Resident stated we have had an issue with residents coming into the amenity center bringing their guests and dropping them off. What penalties will they get? Mr. Oliver stated you educate people first and a huge percentage of people would say I didn’t know that but won’t do it again but there will be some that will not comply and that is who these policies are strengthened to address. It could result in suspension of that family having access to the amenity facilities, and these policies are for both Reverie and Trailmark. She asked when you say someone loses their privilege, is it just the person or the whole family. Mr. Oliver noted if it is a child and we have made the parents aware of the issue, the parents are the ones who signed up for the access card so could be an entire family. Circumstances will drive what the penalties are and ultimately it is a Board decision. Resident stated there was an incident occurring at the Trailmark pool in the evening and staff was gone and I wasn’t sure how to approach it but I spoke to the person myself as a CDD member and identified myself as a CDD member. They had kicked a ball over the fence where the new pool is going to be, and the adult was trying to jump over the fence. I warned them of cameras there and that they will get fined so they looked at me and took their child and threw the child over the fence. The child retrieved the ball and came back. Do we have that ability as a CDD member? Mr. Oliver suggested to engage with caution. Mr. Oliver asked for any other comments on the policies, hearing none, he asked for a motion to close the public hearing. On MOTION by Mr. Kern, seconded by Ms. Hartley, with all in favor, Closing the Public Hearing, was approved. Mr. Oliver asked for any Board comment before taking up the resolution. On MOTION by Mr. Kern, seconded by Ms. Hartley, with all in favor, Resolution 2023-13 Adopting Rates and Suspension and Termination of Privileges Regarding District Amenity Facilities, was approved. DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 14 SEVENTH ORDER OF BUSINESS Consideration of Resolution 2023-14, Ratifying the Series 2023 Bonds Mr. Haber stated there was recently a new bond issuance. Each time the Board issues bonds, it adopts a resolution delegating authority to staff members as well as your Chairperson to sign various documents to effectuate that bond issue. This just ratifies the execution of those documents. Attached as an exhibit is the table of contents from the transcript of those bond documents. He stated that he would be happy to answer any questions. On MOTION by Ms. Kern, seconded by Ms. Sutton, with all in favor, Resolution 2023-14, Ratifying the Series 2023 Bonds, was approved. EIGHTH ORDER OF BUSINESS Other Business There being no comments, the next item followed. NINTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Haber stated no report unless there are any questions. B. Engineer – Update Regarding Pedestrian Walkway near Pickleball Court Mr. Oliver stated the engineer has left the meeting. He was on earlier for any questions. C. Manager Mr. Oliver stated there was nothing to report. D. Operations / Amenity Manager – Report Mr. Boyer stated that the vending machine has not worked properly so he wanted to discuss at this point in time we need to talk about the current project that we have. The company has been bought out three times in the last year so we are under the same vendor contract and having a lot of disconnections with things getting fixed and those sorts of things. I would like with Board’s approval to look at terminating the current agreement with them and then going out for bid to find another suitable vendor that will actually provide the community with a working vending machine. He noted it actually causes more problems with it being down all the time versus it sitting there and waiting for it to work for a day and then it is down for a month. I think with the turnover of the new owner, we just need to find a new vendor or organization to work with. DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 15 Mr. Kern asked if this contract needs a 30-day notice? Mr. Haber stated typically the 30- day notice is for termination without cause. It sounds like you have cause if you care to terminate it because it is not working so if you want to give 30 days you can, but I think you can say your terminating for cause because of the malfunctioning machines. Ms. Hartley stated Stephanie asked them why there was never any drinks in there and they said we are too far out so they don’t want to make the trip to fill it up. They don’t want to travel there. Would we be able to buy that machine as homeowners and supply it ourselves and take care of it? Mr. Kern stated just get a vendor who wants to service our neighborhood and our needs. Mr. Kern stated the new structure being built with the amenity expansion has space allocated for up to two machines that is built in and designated for that. He noted as you are going around and evaluating vendors, I would be particular about what type of machine they are providing and the upkeep of that machine and could solicit for two machines. The current one has been rusted and not very pleasing to look at. Mr. Boyer stated he would bring back quotes for the Board to consider. Mr. Boyer noted the next item with the new pool hopefully coming on sooner than later, hopefully everyone has noticed the cleanliness of the pool. We have started to do bulk chemical delivery. We are not having issues with chemicals. I think we are still having some issues with the grout and other things like vacuuming the pool. While we are evaluating whether it is being done properly or improperly, we also have the other pool to consider that will be coming on so I feel like this is more just information for people. We will go ahead and do a bid for both pools and that way can consider what the option is and at that point you can consider staying with the current company or picking a new one but we are going to the point that the scope is going to change regardless so will make sure we get quotes of the new scope and then can determine it from how you guys want to proceed from there. Mr. Kern asked if our facility has enough storage to support the new pool as well as our current pool with regards to chemicals. Mr. Boyer stated yes it should be able to provide adequately. He noted the other thing is a proposal for holiday lights. He stated we issued our check beginning October 1st for deposit for the holiday system. He noted the District owns the lights so you pay the vendor to install them each year and also store them but they are District property so if everything works you don’t pay extra. This year for them to store it and reinstall it, everything intact is only $7,800. You have the option of keeping the lights the way it is with what you have or we can switch everything out now for this coming fiscal year that you just adopted with the October 1 budget. The only difference is that it is an additional $1,000 over DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 16 the current budget. He noted he can work with them to try to work it in the budget. Each parcel has its separate budget. Mr. Kern stated managing the holiday decorations for Reverie going into this year but to the extent we can maybe select one vendor and still allocate the cost appropriately. Mr. Boyer stated the vendor has been passed along the information but to that point they have what was purchased so it is already set up and that would be covered by the cost of last year’s budget so it’s just anything in addition to the new budget, they would have to coordinate. They have the option to still work with the same vendor or go with a different one. Board member asked if we have ever considered using gemstone lights or some kind of lighting system that is LED that is trackable and can change the color for any holiday then you don’t have to store them. Mr. Kern stated that has never been considered or had any sort of pricing for it to his knowledge. I think that we could solicit pricing. Mr. Kern noted they could look into it. Mr. Boyer stated we are holding off the current proposal and going to consider other options once we can get it knowing that it is not to exceed the $12,000 projected budget dollars. The first number is to just put back up what we already have in storage $7,800. He noted if you wish, we can switch out the older lights that are not as bright to at least make it match or brighter to what you have experienced with the same vendor. The lights will go up around October/November timeframe so Chair if we want to change the concept this year, we can look at other proposals or other scopes or we can use next year to get numbers and make a formalized budget projection so right now everything is based off what we already have. Mr. Kern stated if you think it is what we need and Alex needs to manage that expectation, you guys can feel free to give him what your expectations may be or Chair the lighting committee. He noted he has no issue, if it needs to be $13,000 instead of $12,000 let’s just give them a not to exceed budget and allow them to work within that for this holiday season. Mr. Kern asked for any update on the projects that were approved at the last meeting. Mr. Boyer stated that Wes worked with him on getting the work order authorizations. Everything has been signed and I am actually meeting with the paint company on Tuesday to get timelines set up as we need to get with Carlton on some of the projects that are going on, on the back side of the gym. I do have a follow up meeting tomorrow with Titan to get their work order authorization signed so that we can start getting them scheduled. DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 17 Ms. Douglas reviewed upcoming events in the community. Ms. Specht noted there was a wonderful meet and greet last night. It was a great time. We are starting to work with the different groups that have been doing some things on their own. Michelle is meeting with them independently and in groups to try to get things organized a little bit better. There are a lot of great activities already going on and we are just going to help improve that and get organized. She asked to email her with any questions. She noted she has already ordered a sign. Pickleball is getting an AED probably by the end of this week. It will be located on court six with a canopy. There will be extra signage with respect to where the AED is. TENTH ORDER OF BUSINESS Supervisor’s Requests and Audience Comments Supervisor Requests: Mr. Kern stated the latest on the traffic light is that the county has agreed with us that a signal is warranted, and we are performing a structural analysis with a structural engineer to tell us what components if any are still structurally sound enough to utilize for the traffic signal. We are hoping that the foundations can be reused, which would help both in timing and cost. He noted they know for certain that the mast arms and other components need to be replaced. Next steps beyond that when we get the structural analysis back, that will determine or dictate what the design scope of work will be. We will move into that and get the design done then go through permitting and move into construction shortly after that. It is more progress than we have made in the last few years with the main hurdle being getting the county to allow us to do it. The timeline really depends on what components can be reused and what the final design ends up needing to be, ballpark you are probably 12 months or more away. Supervisor Kern mentioned donated money for a palm in the lake area. Audience Comments: Resident discussions included topics on cleaning, construction traffic, Reverie gates open from 7:00 a.m. to 7:00 p.m. Resident from Reverie stated they used to operate under Evergreen for fobs but under these new rules, regulations and agreements, who do we go to and what is the boundary, do I go to First Residential or go to Evergreen? Mr. Oliver stated we are in transition with this. We have got First Service on staff now and Evergreen here and also OnPlace coming on board so we would like to DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 18 give staff an opportunity to get all of those entities working together so we can come up with a process that makes it just really easy for the resident in terms of contacting any of us so that we can point you in the right direction. Mr. Oliver stated they would like to come up with some way for Reverie residents to have a key fob that can activate both places. Resident stated she went to Trailmark amenity center and none of the key fobs worked so who do we go to for that? Mr. Oliver stated it has been fixed, a setting had been adjusted for some reason where the resident side was not turned on, but it should work now. Resident stated we have a few sewer pumping stations at Trailmark, one on Trailmark Drive when you drive into Trailmark Drive on the right-hand side, the sulfur smell is back and it is horrendous. They have promised me that they are trying to work on it. There is a generator on top of their building that has got to be 10 years old, and I have asked them time after time to look at that. They did and put some additive in and the smell goes away but the smell comes back. The other ones are not smelling. This particular one is awful at night and awful after it rains. We pay to be here, and it is just unfair that the air quality in the back homes at Reverie and Trailmark are suffering. Someone has to follow up with county utilities on this. The other issue is a Trailmark/Reverie issue as there is reclaimed water running through the back of Delseto Drive. They are clogged up and the reclaimed water when pumped into the ponds is dirty. You can smell it. There is an issue going on with the ponds that you must be aware of as the smell is toxic. She noted the ponds are not being taken care of. She is begging for someone to assess what is going on with every pond between Trailmark and Reverie. The algae levels are horrible. She asked to please stop hiding the issues. Resident stated with hurricane season coming, some of the storm drains still have those yellow bumpers where there was construction and there is no more construction so even after construction is done, those are being forgotten about. Can somebody go around or contact whoever to have them come out and check all of those and remove them so the streets are not flooding? Mr. Oliver asked the construction experts if we could remove the gutter buddies. Mr. Kern stated once construction is completed in the area, they will allow you to remove them. We can make sure the builders remove them. It is really their responsibility to remove their erosion controls when they are done but that is the function of the HOA so I would ask Alex to make them aware of any that are there so he can follow up with the builders to make sure those are getting removed. DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 19 Resident asked can the community pull their money together to build a playground for children and can we put it within the area of the amenity center for the children or back where the big oak trees are? Mr. Kern stated the answer to both is yes. By way of update, the developer is planning and budgeting and pricing out for a playground expansion intended to be at the playground area where it is today for the amenity. He said to let them do that first for the community and then to the extent the community long term wants to supplement that with additional projects, this Board can utilize what mechanisms it has at its disposal. Mr. Kern stated they can’t develop by demand of every single resident and will not be able to meet everybody’s needs and expectations, but we will be able to make the best decision that we think is the best for the community. That is part of being a developer. I am open to hearing input but again it is not productive as we can’t listen to everybody’s input. He noted he doesn’t know if legally they can collect funds from individual residents but can certainly do special assessments. I offered that we take one step and make improvements and once the developer is gone and we aren’t investing any more money, this Board has the ability to fund new projects if they like and at that point you would be in a better position to decide how you want to spend your money. Mr. Kern noted the goal is that we want to appeal to all age groups and have the key functions of a playground and I think we have a good understanding of how to meet those needs of the community. Resident asked as developer is there any property that we have that we can do perhaps an RV and boat storage? I am seeing more boats, RVs, and work trucks in peoples’ driveways which is also an HOA thing but may be a revenue generating thing for the CDD. Mr. Kern stated he will keep it in mind, and it comes down to having the land available for it. Resident (Steve Thasher) stated you are talking about play areas for younger kids so was just wondering if there is any consideration for some sports fields for older kids? Mr. Kern stated they are working on a rec field too. ELEVENTH ORDER OF BUSINESS Next Scheduled Meeting – September 20, 2023 at 2:00 p.m. The next regular meeting date will be September 20, 2023, at 2:00 p.m. at their current location. TWELFTH ORDER OF BUSINESS Adjournment Mr. Oliver stated the Board and staff will have a closed meeting regarding security. DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8 August 16, 2023 Six Mile Creek CDD 20 On MOTION by Mr. Kern seconded by Ms. Sutton with all in favor, the meeting adjourned. ________________________ _____________________________ Secretary/Assistant Secretary Chairman/Vice Chairman DocuSign Envelope ID: BB3A613D-A0B3-4284-B2D7-72CE25FF89C8