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MINUTES OF MEETING BRANDY CREEK COMMUNITY DEVELOPMENT DISTRICT
The regular meeting of the Board of Supervisors of the Brandy Creek Community
Development District was held on Wednesday, February 27, 2019 at 6:30 p.m. at the Johns
Creek Phase 2 Amenity Center, 251 Huffner Hill Circle, St. Augustine, FL 32092.
Present and constituting a quorum were:
Gary Williams Meredith Payne Barbara Little Chuck Dicey Tenence Roese
Also present were:
Jim Oliver Jason Walters Kyle Nelson Jim Masters Kathy Sargent Carol Novak Dan Fagen Commissioner Jimmy Johns Greg Caldwell Rodney Cooper Phong Nguyen Deputy Lauren LeDoux Residents
Chairman Vice Chairman Supervisor Supervisor Supervisor
District Manager District Counsel Aquatics Director Operations Manager - Vesta Vesta/ Amenity Services Group Vesta/ Amenity Services Group Vesta/ Amenity Services Group SJC Board of County Commissioners St. Johns County Public Works St. Johns County Traffic Engineer St. Johns County Transportation St. Johns County Sheriffs Office
The following is a summary of the actions taken at the February 27, 2019 regular
meeting. A copy of the proceedings can be obtained by contacting the District Manager.
FIRST ORDER OF BUSINESS Roll Call
Mr. Williams called the meeting to order at 6:30 p.m. A quorum was present.
Brandy Creek CDD February 27, 2019
SECOND ORDER OF BUSINESS Introduction of St. Johns County Commissioner Jimmy Johns (District 1) and SJC Staff Discussion of Matters Related to County Road 2209 Construction and Future Traffic Impacts
Mr. Williams stated the purpose of this item was based on questions regarding the
County Road (CR) 2209 expansion, specifically the two entrances to Johns Creek, which did not
have traffic signals.
Commissioner Jimmy Johns, St. Johns County Assistant Public Works Director Greg
Caldwell SJC Traffic Engineer Rodney Cooper and SJC Transportation Development Manager
Phong Nguyen introduced themselves and their responsibilities. Mr. Nguyen and the Growth
Management Department has been planning CR 2209 for IO years and Mr. Caldwell and Mr.
Cooper were handling maintenance responsibilities.
Mr. Williams voiced the residents concern about traffic through the two new entrances
coming into the Johns Creek and having to cross the new CR 2209 without traffic signals. Mr.
Nguyen stated Silverleaf Developers (Silverleaf) was required to place traffic signals at three
major intersections, based on the number of units, but had no obligation to provide signalization
at Johns Creek because only one-third of residents would utilize the CR 2209 entrance.
However, once CR 2209 was fully constructed, the roadway would be conveyed to SJC and they
would monitor all intersections along CR 2209.
SJC staff provided a construction timeline for CR 2209 for the segment from CR 210 to
SR 16 and 16A and the data and criteria used to determine when traffic lights were
recommended for installation and activation, based on the Manual on Uniform Traffic Control
Devices. The road project would be contracted and funded by Silverleaf on land owned by
Silverleaf and upon completion in 12 to 18 months, CR 2209 and the related land would be
conveyed to SJC. Meanwhile, traffic counts were expected to remain below the threshold that
would trigger a recommendation to the County Commission for signalization, but future traffic
counts would be conducted annually.
Discussion ensued and the following was addressed:
► Residents questioned the timeline for SJC to approve the traffic signal. Mr.
Cooper estimated a couple of months to perform the analysis and a year to a
year-and-a-half to install the signal; however, based on the size of this community
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Brandy Creek CDD February 27, 2019
and the changing traffic pattern, it would be difficult to meet the criteria in the
short-term.
► Residents also inquired about the need for a U-Turn on CR 2209 by Publix. Mr.
Cooper stated drivers could make a U-Turn at the first signal past Publix on CR
2209, Cartwheel Bay Avenue. A resident stated the intersection had a "No U
Turn" sign. Mr. Cooper would remove it.
► Mr. Williams questioned when the new entrance on CR 2209 would be open. Mr.
Nguyen stated the road will not be open until the developer fully bonds the
roadway, but SJC was trying to allow access to a segment so the developer could
sell homes. Mr. Cooper noted the northern segment would be open before it
connects to SR 16 or 16A, but there was no projected target date as the road
construction was controlled by the developer. SJC will not issue the Certificate of
Occupancy (CO) to Silverleaf until CR 2209 was completed, inspected and
conveyed to SJC.
► Mr. Williams questioned the long-term plan for the intersection of CR 210 and
CR 2209. Mr. Nguyen stated an overpass was planned for CR 2209 to flyover CR
210. SJC was working with the Department of Transportation on a Feasibility
Study. Re-timing of traffic signals was also being addressed at Cimarrone
Boulevard to the interstate, CR 2209 to Race Track Road and Celestina just west
of CR 2209 to just past Payton Parkway. Mr. Cooper noted each traffic light
would have a crosswalk.
After further discussion ensued, Mr. Williams thanked Commissioner Jimmy Johns and
SJC staff for attending the meeting and that pictures of the roadway plan for CR 2209 would be
posted on the CDD website.
The meeting was recessed at 7: 15 p.m.
The meeting was reconvened at 7:30 p.m.
THIRD ORDER OF BUSINESS Public Comment
There being none, the next item followed.
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Brandy Creek CDD February 27, 2019
FOURTH ORDER OF BUSINESS Approval of the Minutes of the January 9, 2019 Meeting
On MOTION by Ms. Little seconded by Mr. Williams with all in favor the Minutes of the January 9, 2019 meeting were approved as presented.
FIFTH ORDER OF BUSINESS Discussion of Minimum Age Limit for Use of Fitness Room
Mr. Masters stated several years ago, the age limit for the Fitness Room was lowered
from 16-years-old to 14-years-old. However, several residents feel that 14-years-old was too
young and addressed frustration about 14-year-olds hanging out in the Fitness Room versus
working out and not putting the equipment back. Mr. Williams asked when this happened. Mr.
Masters stated mainly in the evening when staff was not present, staiting at 4:30 p.m. Mr. Fagen
noted other communities allowed 16-year-olds into their Fitness Rooms without an adult and 14-
year-olds with an adult. Mr. Payne believed the age group was appropriate based on 14-year
olds starting high school and training for football and other sports. Mr. Roese agreed, based on
the 14-year-olds being residents and having key cards, being isolated incidents and having
cameras in the Fitness Room.
After futther discussion, Mr. Williams suggested sending a reminder to residents about
teens using the Fitness Room appropriately, while Mr. Masters will monitor complaints from
residents between now and the next meeting. There was Board consensus.
SIXTH ORDER OF BUSINESS Consideration of Proposals from Unicorn Web Development for Website Maintenance and ADA Compliance
Mr. Oliver provided a proposal from Unicorn Web Development (Unicorn) for $3,495 to
get the CDD website ADA compliant, as many CDDs and other city and county governents were
being sued for website non-compliance with ADA Guideline regarding accessibility for persons
who are visually impaired. There would also be a maintenance fee of $150 every two months or
$900 per year. Mr. Oliver was comfortable with the proposal, felt it was a better fit for the
District versus other website companies, the current webmaster being unable to make existing
website ADA compliant, Unicorn being significantly lower in price and their record of working
with Vesta and several other Districts in the area.
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Brandy Creek CDD February 27, 2019
Mr. Dicey asked about the newsletter. Ms. Novak stated Ms. Sargent prepared the
newsletter. Mr. Oliver confirmed Unicom would be only involved in the development of the
new website and maintenance. Staff cu1Tently did not have access to the website and Unicorn
would allow the CDD to have access. Mr. Williams asked if the proposal included converting
documents to ADA format. Mr. Oliver noted yes, documents were in Word format, which was
ADA compliant, but documents not in Word would be converted. Mr. Williams felt that the
proposal was straightforward and there was a one-time expense. Mr. Walters advised the District
was required by Statute to have an ADA compliant website.
On MOTION by Mr. Williams seconded by Mr. Dicey with all in favor the Proposal from Unicorn Wed Development for website maintenance and ADA compliance in the amount of $3,495 was approved.
SEVENTH ORDER OF BUSINESS Other Business
Tb.ere being none, the next item followed.
EIGHTH ORDER OF BUSINESS Staff Reports
A. Attorney
Mr. Walters reported the Legislative Session started and the Legislative group in his firm
was monitoring bills and proposed legislation that could impact CDDs. A weekly newsletter
would be sent to the Board.
B. Engineer
There being none, the next item followed.
C. Manager
There being none, the next item followed.
D. Operations Manager
1. Report
Mr. Masters presented the Operations Manager Report, which was included in the agenda
package. Mr. Williams noticed a lot of activity from Yellowstone. At the last meeting, it was
reported that Yellowstone replaced sod in the worst areas at no charge, but there were still areas
to be addressed. Yellowstone committed to get the tlll'f back into good condition by changing to
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Brandy Creek CDD February 27, 2019
an account manager from the golf course indust1y that made replacing turf his number 1 priority.
Mr. Masters did not think Yellowstone would replace the entire turf at no charge and provided
proposals for areas they identified as the worst areas. Mr. Masters recommended monitoring
Yellowstone to see if they get the turf back into shape, but if there was no improvement, at some
point the Board would request proposals from other landscape companies.
The Board discussed the following:
► Mr. Williams asked if there were any concerns in Phase 2. Mr. Masters stated
Phase 2 had different grass, Zoysia, which was in much better shape. For this
property, Yellowstone enacted a new program and increased chemical
applications fi·om six to nine.
► Mr. Williams asked if the problems were with the age of the material. Mr.
Masters believed that some of it had to do with the age of the material, but from
Day 1, Phase 1 received seed and not sod Turf with seed never gets as thick as
sod.
Mr. Masters was comfortable that Yellowstone could get John's Creek Parkway from
Publix into the neighborhood looking good, but they would always have problems with the Oak
trees on the west side of Nature Walk Parkway, which do not get sunlight and proposed adding
some pockets of plant material in between the trees. Mr. Williams asked if the Board had any
proposals to consider. Mr. Masters obtained proposals on drainage and some sod, but did not
have proposals for Nature Walk Parkway, which he could obtain in the next few weeks. Mr.
Masters requested a Board Member work with him between now and the next meeting on
landscape improvements. Ms. Little volunteered. Mr. Masters questioned the amount Ms. Little
could approve in between Board meetings. Mr. Williams stated it would be helpful to know how
much was in the budget versus how much would have to be pulled out of the Capital Reserve
Fund, but was comfortable with Ms. Little approving expenditures up to $15,000.
► Mr. Williams questioned whether to give Yellowstone another year or to go out
for bids. Mr. Masters suggested staying with Yellowstone, since they were still
providing the fi·ee sod and correcting deficiencies, due to their lack of attention.
Mr. Williams moved to designate Supervisor Little to work with the Operations Manager on landscape improvements and spend an
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Brandy Creek CDD February 27, 2019
amount not-to-exceed $15,000 and Mr. Dicey seconded the motion.
Mr. Payne requested Yellowstone come back to the Board with exactly what was ► needed.
► Mr. Williams understood from Mr. Masters that Yellowstone had activities
planned and would monitor them this year to see what they come up with and go
from there.
► Ms. Little asked if Yellowstone had certified chemists. Mr. Masters stated
Yellowstone hired one this year due to problems, not only on this property, but
other properties and evaluated their entire chemical plan.
Mr. Masters provided an updated list of tasks Yellowstone were undertaking to improve
the turf.
► Mr. Roese agreed it was better to work with Yellowstone and work towards a
resolution as there was a lot of construction at the front entrance this year. Mr.
Williams concuned as the District worked with Yellowstone for a long time and
have been a good partner, but it was a make it or break it year.
► Mr. Dicey asked if other prope1ties had Bermuda grass.
► Ms. Little felt the change in staff was making a positive impact.
On VOICE VOTE with all in favor designating Supervisor Little to work with the Operations Manager on landscape improvements and spend an amount not-to-exceed $15,000 over the next 60 days was approved.
2. Drainage Proposal
Mr. Masters presented the following proposals:
1. Drainage improvements along John's Creek Parkway.
Mr. Masters obtained three proposals. Two companies proposed installing two large
drain basins and running a pipe out to the pond through a trench for $1,100 to $1,200, versus
Yellowstone's proposal for the same drainage basins, as well as installing 160 feet of French
drain next to the sidewalk, digging a trench, placing gravel and a tube to absorb water and fiber
and sod on top for $1,900. Mr. Masters recommended the proposal from Yellowstone as they
warrantee the work for one year and would talk to them about lowering the cost.
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Brandy Creek CDD February 27, 2019
Mr. Roese voiced concern about stormwater drainage. Mr. Masters stated it was no
different than drainage from the street where there was a sto1mwater drain to hold the water in.
The pond would be collecting more water from the new businesses. Mr. Walters advised the
District had an easement and there were cunent conditions on how to drain the ponds. Mr.
Williams questioned the impact to the budget. Mr. Oliver stated this expenditure would be paid
out of the landscaping contingency. Discussion ensued.
On MOTION by Ms. Little seconded by Mr. Roese with all in favor the proposal from Yellowstone for drainage improvements along John's Creek Parkway in the amount of $1,900 to be funded from the landscaping contingency was approved.
2. Nine pallets of Bermuda sod.
Mr. Masters obtained one proposal for $5,700 and one from Yellowstone for $4,900.
There was a suggestion to grade the land and lower the soil, but Yellowstone felt once they killed
the grass and weeds, they would lower the soil enough so that the new sod would be fine. The
remaining two or three pallets would be used along John's Creek Parkway from Publix to the
Phase 1 center. Mr. Masters recommended Yellowstone's proposal since they were doing the
drainage work and would guarantee the work. He wanted to bring in other companies so
Yellowstone would realize there were issues.
Mr. Roese asked if the price included any in-igation changes. Mr. Masters evaluated the
iITigation and if any heads needed to be moved, Yellowstone would address it, but he turned off
some controllers even though there were rain sensors on the four major irrigation controllers,
saving the District irrigation costs. Mr. Payne voiced concern about construction damage
affecting the area. Mr. Masters stated there were no issues with construction vehicles in the area.
On MOTION by Mr. Williams seconded by Mr. Dicey with all in favor the proposal from Yellowstone to replace nine pallets of Bermuda sod over the drainage work along John's Creek Parkway in the amount of $4,900 to be funded from the landscaping contingency was approved.
3. Shade structures for middle playground and Phase 2 playground.
Mr. Masters reported there was a structure providing shade at the middle playground, but
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Brandy Creek CDD February 27, 2019
there was no shade structure in Phase 2. He provided three proposals to cover two benches
around the playground, ranging from $2,000 to just under $2,900 for materials only. Staff would
install the structures. Mr. Williams questioned why staff would install it. Mr. Masters noted it
was not difficult to install. Discussion ensued.
Mr. Payne joined the meeting in person.
On MOTION by Mr. Williams seconded by Mr. Dicey with all in favor the proposal from BYO Playground for a shade structure on the Phase 2 playground to be installed by the Operations Manager in the amount of $2,000 for materials only to be funded from the Series 2015 Construction Fund was approved.
Mr. Masters provided the following update on the Phase 1 pool renovations:
► The Phase 1 pools will be open for Spring Break, which starts on March 15th.
► The Splash play pool pump and motor were replaced last week and will be
inspected by the county next week. The District has filed a claim against the
driver's insurance company from the individual that damaged the equipment in an
auto accident on Johns Creek Parkway that knocked out an FPL power box.
► Mulch was placed around the Palm trees instead of pine straw. The entire
neighborhood would be mulched at the end of March or early April.
Mr. Williams thanked Mr. Masters for overseeing the work. Mr. Masters introduced
Kyle Nelson, Head of Aquatics from Vesta who will oversee the pool monitors.
3. Lake Doctors Service Report
This item was included in the agenda package.
E. Amenity Manager - Report
Ms. Novak presented the Amenity Manager's Report, which was in the agenda package.
Everything was routine. The senior coffee was on the first Friday of each month, staiiing this
Friday. Dance classes were running smoothly. The Food Truck Friday and Movie Night was
moved to this Friday at Phase 2 and will occur the first of the month in April. There will be a
craft day and movie during Spring Break. A luau was planned for when the pool re-opened, but
due to inclement weather, it was postponed until June. Many events were planned for the next
several months with dates to be detennined. Mr. Williams asked if there was good participation
for the events. Ms. Novak noted good participation for past events, but if there was a lack of
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Brandy Creek CDD February 27, 2019
participation, the event would not be repeated. The spring garage sale was next weekend. There
was a concern about having the movie in the Phase 2 field, due to last night's rain. Ms. Novak
would take this into consideration and if it was too wet, the movie would be moved inside.
Discussion ensued.
NINTH ORDER OF BUSINESS Supe1·visor's Requests/ Audience Comments
Supervisor's Requests
Mr. Roese suggested "repairs in progress" signage where work was being performed.
Audience Comments
Residents addressed the following:
► Why the Phase 2 field held water. Mr. Masters noted a good rain will keep the
field soggy because the area was not built at the right level.
► Broken outdoor fitness trail equipment in Phase 1. Mr. Masters stated repairs
were made in the past, but parts were no longer available. One unit cost $4,000 to
replace so he will remove the unit. Mr. Williams asked Mr. Masters to look into
this matter further. Ms. Sargent suggested replacing the current equipment with
more versatile equipment.
TENTH ORDER OF BUSINESS Financial Reports
A. Balance Sheet and Income Statement as of January 31, 2019
B. Assessment Receipt Schedule
C. Check Registers
Mr. Oliver presented the January 31, 2019 Balance Sheet and Income Statement,
Assessment Receipt Schedule and Check Registers, which were included in the agenda package.
There is $305,000 in the Capital Reserve Fund, about half of which would go towards the Phase
2 entry construction work. There were no unusual variances. The District received a distribution
from SJC this week and assessment collections were 92%, which was typical this time of year.
On MOTION by Mr. Williams seconded by Mr. Dicey with all in favor the January Check Register was approved.
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Brandy Creek CDD February 27, 2019
ELEVENTH ORDER OF BUSINESS Next Scheduled Meeting - May 8, 2019 at 6:30 p.m. at Phase 2 Amenity Center
Mr. Williams stated the next meeting was on May 8, 2019 at 6:30 p.m. at this location.
TWELFTH ORDER OF BUSINESS Adjournment
favor the meeting was adjourned. On MOTION by Mr. Williams seconded by Mr. Roese with all in
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