GREENEWAY IMPROVEMENT DISTRICT BOARD OF SUPERVISORS' MEETING MINUTES

FIRST ORDER OF BUSINESS

The Board of Supervisors' Meeting for the Greeneway Improvement District was called to order on Tuesday, January 15, 2019 at 3 :03 p.m. at the 6900 Tavistock Lakes Blvd., Suite 200, Orlando, FL 32827. Members listed below constituted a quorum.

Richard Levey Chad Tinetti Amanda Kost

Also attending:

Lynne Mullins JeffNewton Scott Thacker Tucker Mackie

SECOND ORDER OF BUSINESS

Chair
Board Member Board Member

Fishkind & Associates
Donald W. McIntosh Associates Construction Committee Hopping Green & Sams

Public Comment Period

Mr. Levey announced that there were no public comments at this time.

THIRD ORDER OF BUSINESS		Consideration of Minutes of the December 18, 2018 Board of Supervisors' Meeting

Board Members reviewed the minutes from the December 18, 2018 Board of Supervisors' Meeting.

On Motion by Mr. Levey, second by Mr. Tinetti, with all in favor, the Board of Supervisors for the Greeneway Improvement District approved the minutes of the December 18, 2018 Board of Supervisors' Meeting.

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FOURTH ORDER OF BUSINESS		Consideration Courtney's Letter

Ms. Mullins requested a motion to accept the resignation letter from Ms. Courtney.

of	Ms. Resignation

On Motion by Ms. Kost, second by Mr. Tinetti, with all in favor, the Board of Supervisors for the Greeneway Improvement District accepted Ms. Courtney's Resignation Letter.

FIFTH ORDER OF BUSINESS		Consideration of Resolution 2019-03, Election of Officers

Ms. Mullins explained that there is some change to District staff. She requested to add herselfas Assistant Secretary. At the last meeting two Board Members resigned and there are two new Board Members. There is an open Vice-Chair position and three Assistant Secretaries.

Ms. Mackie asked ifthere were any nominations for Ms. Courtney's former seat at this time. Mr. Levey stated that he was not aware ofany nominations.

Mr. Levey explained the position of Vice-Chair and requested a nomination.

On Motion by Ms. Kost, second by Mr. Levey, with all in favor, the Board of Supervisors for the Greeneway Improvement District approved Mr. Tinetti as Vice-Chair.

Ms. Mullins asked ifMr. Levey wanted to nominate Ms. Kost as an Assistant Secretary.

On Motion by Mr. Levey, second by Mr. Tinetti, with all in favor, the Board of Supervisors for the Greeneway Improvement District approved Ms. Kost and Ms. Mullins as Assistant Secretary and approved Resolution 2019-03, Election of Officers, as presented.

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SIXTH ORDER OF BUSINESS		Consideration	of Authorization to Issue Request for Qualifications for Traffic Signal Design

Mr. Newton stated that this is related to some pre-approved qualified and ranked Signal Design Consultants. The No. 1 Signal Design Consultant is who the District has been using and in the past the Construction Committee's experience with them has been less than satisfactory from a time and performance standpoint. Being that they are ranked No. 1 it is who the Construction Committee goes to first. Ms. Mackie stated that if negotiations break down or if staff does not agree with pricing or timing, they can then go to the No. 2 bidder. Ms. Mackie stated that the thought at the Construction Committee meeting was to re-open the RFQ process for other vendors. She stated that District staff must engage with the No. 1 ranked bidder first as the rules provide. Mr. Levey asked what the District can do to modify the method in which the District ranks them so that the Construction Committee has flexibility in recommending to the Board the most appropriate consultant for the particular job. Ms. Mackie stated that staff discussed at the Construction Committee level, as the District goes through the next review of Rules ofProcedure, finding ways in which to disqualify particular consultants or put in place in the rules the ability to put in a process up front to put in a rotating selection.

Mr. Levey agreed with the process for disqualifying based on performance and he thinks the Board should look at a system that allows some flexibility to pre-qualified firms that the District can go to more than one and get bids from more than one and see what they get. He discussed adding them on a continuing services master agreement.

Ms. Mackie will look at the Rules of Procedure and come up with suggestions for the next Board Meeting.

SEVENTH ORDER OF BUSINESS		Consideration of Special Warranty Deed for Nemours Parkway Phase 6- Sidewalk Parcel

Ms. Mackie stated that previously she had noted to the Board that the District would be asked to consider acquiring this at a future time when the District executed certain easement agreements concerning the landscapingoutside ofthis section ofright ofway. She stated that now that drainage issues and roadway issues have been resolved it is clear that this is the area that would be encompassed by the corner cut that the District would maintain. Within this parcel is a small amount ofsidewalk and landscaping.

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Mr. Newton explained that this is the sidewalk that goes into the school and it was built with a clip of the corner and because ofthe alignment ofthe sidewalk, it made more sense to do a comer clip conveyance then it did to tear out and rebuild a piece ofthe sidewalk.

Ms. Kost asked ifthere are long te1m costs associated with this. Ms. Mackie replied that the District would be maintaining it regardless but it is not within platted right ofway which would have been conveyed to the City and it is a parcel owned by Lake Nona so it does make sense to put this in the District's name for purposes ofmaintenance.

On Motion by Ms. Kost, second by Mr. Tinetti, with all in favor, the Board of Supervisors for the Greeneway Improvement District approved the Special Warranty Deed for Nemours Parkway Phase 5- Sidewalk Parcel.

EIGHTH ORDER OF BUSINESS		Consideration Management Assessment Agreement

of	District
and Consultant

Mr. Levey asked ifthe existing agreement is expiring. Ms. Mullins stated that there is an agreement in place whereby Fishkind & Associates would be acquired by PFM. She noted that costs and staff will remain the same. Mr. Levey asked ifthis was an assignment or a new agreement. Ms. Mackie stated that District Counsel reviewed the documents and provided comments. She noted that the compensation for District Management and Assessment Consultant Service is in line with what the District is currently paying. This District has previously engaged PFM relating to certain financings in the past and that is the Financial Advisory Agreement behind Tab 6 in the agenda packages. She noted that the Financial Advisor would receive a certain percentage ofthe amount issued for whatever issuances transpire in the future for which they provide advisory services. She noted that it is not uncommon for the Financial Advisory Agreement to be executed in advance of a financing contemplated as opposed to something that is in place cmTently with no financing anticipated.

Mr. Levey asked about the changes to the District Management and Assessment Consultant Agreement. Ms. Mackie stated that the changes were not concerning because section 3 was not previously included in Fishkind's Agreement and that is the Municipal Advisor Role that they can serve because they have the requisite licensing to provide those services. She discussed the limitations of liability for willful misconduct, bad faith, gross negligence, and reckless disregard that were added. Ms. Mackie had no issue with those changes. Counsel requested that certain

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language be added to clarify that this is both a District Management and Assessment Consulting Services Agreement.

On Motion by Ms. Kost, second by Mr. Tinetti, with all in favor, the Board of Supervisors for the Greeneway Improvement District approved the District Management and Assessment Consultant Agreement.

NINTH ORDER OF BUSINESS		Consideration Financial Agreement

of	the Advisory

The Board discussed the agreement and whether or not to enter into the Financial Advisory Agreement. District Counsel stated that she is making no recommendations other than to say she has no comments to the form of the agreement. Mr. Levey recommended tabling the Financial Advisory Agreement until such time as it is necessary.

TENTH ORDER OF BUSINESS		Consideration of Resolution 2019-04,	Designating
District	Manager, Assessment Consultant, and Financial Advisor

Mr. Levey stated that this would have to be modified to eliminate the Financial Advisor component. Ms. Mackie stated that the resolution contemplates the transaction that the Board just reviewed in terms ofFishkind & Associates being acquired by PFM and at such time in the future PFM would be the contracting entity with the District for District Management and Assessment Methodology services.

On Motion by Mr. Tinetti, second by Ms. Kost, with all in favor, the Board of Supervisors for the Greeneway Improvement District approved resolution 2019-04, Designating District Manager and Assessment Consultant, as amended to remove the Financial Advisor Component from the Resolution.

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ELEVENTH ORDER OF BUSINESS		Ratification of Requisition Nos. 607 - 613 Approved in December 2018 in an amount totaling $532,794.88

Board Members reviewed Requisition Nos. 607 -61 3 Approved in December 201 8 in an amount totaling $532,794.88.

Ms. Mullins noted that these have already been approved and paid and just need to be ratified by the Board.

On Motion by Mr. Tinetti, second by Ms. Kost, with all in favor, the Board of Supervisors for the Greeneway Improvement District ratified Requisition Nos. 607 -613 Approved in December 201 8 in an amount totaling $532,794.88.

TWELFTH ORDER OF BUSINESS		Ratification of Operation and	Maintenance Expenditures Paid in December 2018 in an amount totaling $102,338.74

Board Members reviewed the Operation and Maintenance Expenditures paid in December 2018 in an amount totaling $1 02,338.74.

Ms. Mullins noted that these have already been approved and paid and just need to be ratified by the Board.

On Motion by Ms. Kost, second by Mr. Tinetti, with all in favor, the Board of Supervisors for the Greeneway Improvement District ratified the Operation and Maintenance Expenditures paid in December 201 8 in an amount totaling $1 02,338.74.

THIRTEENTH ORDER OF BUSINESS

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Recommendation of Work Authorizations/Proposed Services

Mr. Newton stated that there are no work authorizations for this District.

FOURTENTH ORDER OF BUSINESS		Review of District's Financial Position and Budget to Actual YTD

Board Members reviewed the District's statement of financial position. There was no action required.

Ms. Mullins provided an overview of the District's financials for the new Board Members. Ms. Mackie noted that some items are booked once as opposed to monthly so Supervisors may see the entire budget for one item to hit at the beginning of the year. Ms. Mullins invited the Board Members to email her with any questions.

FIFTEENTH ORDER OF BUSINESS	Staff Reports

District Counsel - District Manager - District Engineer

No Report

Ms. Mullins noted that the next meeting is February 19, 2019.

Mr. Newton circulated the Construction Contract Status Memorandum (Minutes Exhibit A). Nemours Parkway Phase 6 is working on closeout and Nemours Parkway Phase 7 is just starting construction. Kellogg Avenue and Centerline Drive extensions are in closeout and the contractor will probably stripe them next month. Mr. Tinetti asked where the closeout documents go. Mr. Newton replied that they are submitted to the City and copied to Tavistock digitally.

Ms. Kost asked if there is a section of the budget that shows the Change Order items. Mr. Newton responded that the Capital Budget for the District is done a little differently. He explained that an Engineer's Report is prepared before a bond financing is done and it has a map that shows the various Capital Projects that the District intends to unde1iake. This repmi lists how much money they think they are going to spend on roadways, utility systems, and various components of the projects and it comes up with an overall amount ofcapital money so there is not a specific budget per se for Nemours

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Parkway Phase 7. He noted that contracts arc required to stay within the bid, unless the Board specifically authorizes change orders, and that is what his log shows in the back of the Construction Contract Status memorandum.

Construction Supervisor- No Report

SIXTEENTH ORDER OF BUSINESS

There were no audience comments or Supervisor requests

Supcnisor and Audience Comments & Adjournment

zh�m�RJM-:

On Motion by Ms. Kost, second by Mr. Tinetti, with all in favor, the January 15, 2019 Meeting of the Board of Supervisors for the Greeneway Improvement District was adjourned.

Secretary/Assistant Secretary

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EXHIBIT A

DoNALo W. MclNrosH	DATE:	January J 5, 2019
ASSOCIATES, INC,

MEMORANDUM

TO: FROM: RE:

Greeneway Improvement District Board of Supervisors
Donald W. McIntosh Associates, Inc. District Engineer
Construction Contract Status

SURVEYORS

2200 Park Ave. North

Winter Perk, FL

32789·2355

Fox 407-644-831 B

407-6444008

I 11.tp://www. dwma. 00111

Dear Board Members,
Please accept this correspondence as a current summary of our construction contract status. Listed below by project is a brief summary of recent contract activity. Copies of the latest Change Order logs are attached.
Nemours Pal'kwav Phase 6 - Jr. Davis Construction, Inc. / IlrigbtVicw
Construction Status: Final as�built surveys have been received from the Contractor and the final project ce1tification was submitted to the City ofOrlando on December 12, 2018. Review comments from the City Surveyor were received by DWMA on .JaJrnary 11, 2019, and forwarded to the Contractor for review and correction.
Change Order (C.O.) Status: None at this time.
Recommended Motion: None at this time.

Nemours Parkway Phase 7 - Jr, Davis Construction, Inc.
Coostrucdon Status: The Contrnctor has set the li'ft station wet well and is continuing with the installation of the underground storm and sanitary sewer systems and has initiated installation of the pressure utilities (i.e., potable and reclaimed water systems). Revised shop
drawings for the ·sanitary sewer lift station generator fuel tanks and components have been 1:eceive9, reviewed by DWMA and submitted for City review on December 18, io18. The fuel tank and component submittals were received from the City, Approved as Noted, ani:l returned to the Conlractoi· on Januaiy 2, 2019. Shop drawings for the lift station generator, pumps and
panels wore received from the Conn·actor, reviewed by DWMA and submitted for.City re view on December 20, 2018. The lift station pumps and panel submittal was received from the City on January 8, 2019, Approved as Noted, and returned to the Contractor on January 9, 2019. The lift station generator submitta,1 was received from the City on J;rnuary 8, 2019 marked for revision and resubmittal and was returned to the Contractor on January 9, 2019 for con:ections. District Staff is coordinating with the Developer regarding a proposed change in lighting fixtures from cobra heads to straw hats, which may require a plan change to show revised junction box locations.
Change 01·der (C.O.) Status: None at th.is time.
Recommended Motion: None ut this time.

F:IPl'Qj2003123216\BNOudmin\C\ccl265.do��

Me,iiorandum
Re:	Greeneway" Improvement District Construe/ion Contract Status
Janumy 15, 2019
Page 2

Lake Nona Kellogg Avenue Extension - DeWitt Excavation
Constl'uction Status: The final lift of asphalt is complete and final striping is currently scheduled for February 6, 2019. DWMA is coordinating with the Contractor Qn final as-built survey� and related documents needed for prnject close-out.
Change Order. (C.O.) Status: None at this time.
Recommended Motion: None at this time.

Should there be a11y questfrms, please advise. Thank you.. 
End of memor�ndum.

c:		Larry Kaufmann Troy Davidson Scott Thacker Lan(1e /ayk�on James C, Nugent T�rek Fahqiy

f:•IP,oi2003l2:I)DJ\1'.\,LO.,W65.Mcl NTOSH  Associates.,

Inc.

2200 PARKAVEN�"l\laA'f l'-t:''Wl'11

l�A4PA�rc.AFL□RI□A 327as.2355 ••14071 e44.aoss . FAX 14071 s-1'1-ss1s

Days

C.0.#	Date	Description of Revision	Additional

LAKE NONA SOUTH
Greeneway Improvement District Nemours Parkway Phase 6 Change Order Log

New

Jr. Davis

Amoun(	Status

ContractAmowt
�inal Conlract Dale 11/17/17
 		$2,070,587.60

To Board	Approval Date

Notes

1	
7/10/2018	a" Direction21 Bcce	
0	s	
10,874.88	
Ap;roved	s	
2.081,462.48	
7117/2018	
7/17/2018	
i	
6/20/2fJ18	
Cu!ve<t Ral lnslallation	0	s	
13,464.00	
Approved	s	
2.094,926.48	
7/17/2018	
7/17/2018	
1	
7/16/2018	
OCPS sidewalk revision	
30	s	
42,220.54	
Approved	s	
2.137.147.02	
7117/2018	
7/17/2D18	

F:\Forms"\Construction\Logs\COD LOGS.xis

CONemoors 6 GteenNay (3)

1/11/2019	Page 1

LAKE NONA SOUTH
Greeneway lmprovement District Nemours Parkway Phase 7 Change Order Log
Jr. Davis

Days

C.0.#	Date	Description of Revision	Additional

F:\FQrm$1Cor>struction\l.ogs\CDD LOGS.ids

New
Amount	Status	C<riractAmcunl
Origr,a!ComactOate

$5,721,337.59

CO Nemours 7 Green,r.iy

To8oanl	Appnwal Date	Notes

1/11/2019 Page 1

Additional

LAKE NONA SOUTH
Greeneway Im provement District Kellogg Avenue Extension Change Order Log

New

Dewitt Excavating

C.0. #	Date	Description of ReYlslon	Days		Amount	Status	Original Contract Date	To Board	Approval Da	
					$1,797,324.58			
1	7/12/2018 Developer Portion - StabJize Construction	
0		
$230,500.00	
App-oved	
S2.027.824.58	
7/17!2018	
7/17/2018	
l	8/1/2018 Add � to cont=t ooe towealhef	
8	s		-	App"oved	
$2,027,824.58	
8/2:3/20f8	
8/23/2018	

Ccnlrac:t Amo.rt

1e	Notes

	
9/14/2018	oucAccess Revision - e!eanc and street lighting layout con:tgu-alm- KeJogg Averue	
0	s	
(2.146.88	
Approved	
52,025,677.70	
9/18/2018	
9/18/2018	
	
9114/2018	OUCAccess Revision- elecmc and street ligtting layout configuration- Hart....-el Coln	
0	s	
65,127.18 	
Approved	
$2,090,804.88	
9/18/2018	
9118/2018	

5	
10/15/2018	
ChangeofOak Trees 1D Ace; Rubrum		s	
(500.00)	
Approved	
$2,090,304.88	
10/16/2018	
10/16121)18	
6	10/16121l18  Adcfilion ofcon;postto plant area for Carq,y	s	1,691.88	
S2.091,996.76	
11/19/2018	
11/19/2018	

Ai:x:es.s Road an:! Import Al

Extension

TreesoNy

F:\Forms\Construclicn\Logs\COD LOGS.xis

CO Kellogg Greenway

1/11/2019	Page 1