ARBORWOOD COMMUNITY DEVELOPMENT
DISTRICT

LEE COUNTY REGULAR BOARD MEETING
JANUARY 17, 2022
9:00 A.M.

Special District Services, Inc.
27499 Riverview Center Boulevard, #253 Bonita Springs, FL 33134

www.arborwoodcdd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA
ARBORWOOD COMMUNITY DEVELOPMENT DISTRICT
Amenity Center Community Room Somerset at the Plantation 10401 Dartington Drive
Fort Myers, Florida, 33913
REGULAR BOARD MEETING
January 17, 2022
9:00 A.M.

Call to Order
Proof of Publication.	Page 1
Establish Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
November 15, 2021 Regular Board Meeting…	Page 2
Old Business
New Business
Discussion Regarding Excessive Littoral Trimming in Bridgetown
Administrative Matters
Manager’s Report
Financials…	Page 6
Engineer Report
Discussion Regarding Plans and Timing for Somerset Pond Bank Repairs
Field Inspectors Report
Board Members Comments
Further Discussion on Maintenance of Floway – Aycock
Adjourn

Page 1

ARBORWOOD COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
NOVEMBER 15, 2021

CALL TO ORDER

The November 15, 2021, Regular Board Meeting of the Arborwood Community Development District (the “District”) was called to order at 9:00 a.m. in the Amenity Center Community Room at the Somerset at the Plantation located at 10401 Dartington Drive, Fort Myers, Florida 33913.

PROOF OF PUBLICATION

Proof of publication was presented that notice of the Regular Board Meeting had been published in the Fort Myers News-Press on October 6, 2021, as part of the District’s Fiscal Year 2021/2022 Meeting Schedule, as legally required.

ESTABLISH A QUORUM

It was determined that the attendance of the following Supervisors constituted a quorum and it was in order to proceed with the meeting:

Chairman	Gary Franz	Present	
Vice Chairman	Joan Pattison	Present	
Supervisor	Jack Aycock	Present	
Supervisor	Lawrence Carr	Present	
Supervisor	Jeff Gordish	Present	

Staff members in virtual attendance were:

District Manager	Kathleen Meneely	Special District Services, Inc.	
General Counsel	Wes Haber (via phone)	Kutak Rock, LLC	
District Engineer	Josh Evans	JR Evans Engineering	
Field Inspector	Bohdan Hirniak		

Others present were: Neale Montgomery, Chris Anderson, Helen Shorey and Charles Humphreys.

ADDITIONS OR DELETIONS TO THE AGENDA

There were no additions or deletions to the agenda.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

There were no comments from the public for items not on the agenda.

APPROVAL OF MINUTES
September 20, 2021, Regular Board Meeting

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The September 20, 2021, Regular Board Meeting minutes were presented for consideration.

A motion was made by Mr. Gordish, seconded by Mr. Carr and passed unanimously approving the September 20, 2021, Regular Board Meeting minutes, as presented.

OLD BUSINESS
Consider Ratification of Town Plantation South De-Watering Agreement

Mr. Haber explained that the Board had previously approved the agreement, subject to certain provisions, which had been included. He added that the agreement had been signed by the Chair and was included today for ratification.

A motion was made by Mr. Gordish, seconded by Mrs. Pattison and passed unanimously ratifying the Town Plantation South De-Watering Agreement, as presented.

NEW BUSINESS
Discussion Regarding Attorney Status with Kutak Rock, LLC

Mr. Haber advised that in between meetings, HGS had ceased to exist and the special district practice group joined the firm of Kutak Rock LLC. He added that the law requires a letter to its clients giving it the choice of #1 - authorizing an agreement with the new firm and transfer of records; or #2 - seek new legal counsel and transfer records to that firm. He added that if the Board chooses #1, the rates remain the same as they were with HGS.

A motion was made by Mr. Aycock, seconded by Mrs. Pattison and passed unanimously choosing the first option of authorizing an agreement with the new firm and the transfer of records

Introduction of Bethany Brosious of Passarella & Associates, Inc.

Mike Myers advised that he was retiring in January and thanked the Board for the many years he has worked with them. He then introduced Bethany Brosious who will be taking his place and indicated that she had done work in the development. Bethany gave her background and the Board welcomed her. They also wished Mr. Myers well in his retirement.

Consider Agreement with Passarella & Associates, Inc.

Mr. Myers stated that work was being performed without a formal agreement. He presented a formalized document prepared by Mr. Haber.

A motion was made by Mr. Gordish, seconded by Mr. Aycock and passed unanimously approving the agreement with Passarella & Associates, Inc., as presented.

Consider Release of Sign Easement

Mr. Haber gave the background of the easement and where the sign was located. He added that there was a maintenance agreement for the sign with Centex/Pulte and Pulte was near completion in the development. Mr. Haber went on to state that if the Board wanted to release the easement, the landowner could take the signs and maintain them or have them removed. Mr. Montgomery, representing the landowner, stated they would like to control the area. Mr. Gordish stated that the irrigation for the area was from Somerset and would need
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to be capped off to which Mr. Montgomery stated capping the line was fine. Mr. Haber explained that if the Board was interested in releasing the easement, they would need to terminate the agreement with Centex. Mr. Montgomery stated that he had a conversation with Mike Hueniken of Pulte and they were not motivated to maintain the sign. Mr. Haber stated that all three parties needed to get on the same page, as it can shorten the timeframe if all parties agree.

After discussion, a motion was made by Mr. Aycock, seconded by Mr. Carr and passed unanimously directing staff to communicate with Centex to mutually terminate the agreement and work with the landowner; and further authorizing the Chair to effectuate any documents in order to do so.

ADMINISTRATIVE MATTERS
Manager’s Report
Financials

Ms. Meneely went over the financials. There were no questions from the Board Members.

Ms. Meneely advised of the upcoming meeting dates: December 20, 2021, and January 17, 2022. There was a consensus of the Board to cancel the December meeting.

Engineer’s Report
Update on Design of Baffles for Basin 1’s Control Structures

Mr. Evans advised he was working on a draft design to send to Mr. Aycock and their community could decide what to do with it and if they are willing to pay to have it installed. Mr. Aycock gave the background on the structure and stated that a backhoe would be needed in order to build the trench and it would also need to be approved by the South Florida Water Management District (SFWMD). He added that he was hoping the CDD would participate in the costs.

Mr. Carr stated that the CDD only owned the lakes in Somerset and Bridgetown. Mr. Aycock responded that Bridgetown had some water that flows to this control structure. Mr. Carr asked if this benefitted the preserve and Mr. Evans stated that it did not; it only creates a more manageable system.

Mr. Franz asked if there was any reason Botanica Lakes would not be responsible for the expense of their own structure. Mr. Aycock stated it was because Botanica Lakes was taking care of part of the District’s water. Mr. Evans added that the baffles should have been in the original permit, but were not, as it reduces maintenance. He further stated his intent was to prepare the conceptual design and hand it off to Botanica Lakes to pay for the installation. Mr. Franz asked for a rough cost estimate to which Mr. Evans stated it was between $3,000 and $8,000. Mr. Aycock expressed his opinion that it was in fairness that the CDD would participate. Mr. Carr stated that the CDD does not own the structure and the CDD’s participation is Mr. Evans’ time on the design. Mr. Franz agreed that the CDD could give technical expertise and the design, but the cost of installation and maintenance should remain with Botanica Lakes. He continued that Botanica Lakes has the obligation to maintain the structure and the CDD can put them on notice if not doing what is necessary in order to hold up that responsibility. Mr. Carr stated the CDD does not even have the ability to inspect the area. There was general discussion on the original permit and Mr. Franz stated that the CDD should not be involved with SFWMD, as Botanica Lakes should be the ones approaching them and doing their own negotiations for the baffle construction. He added that the CDD protects what is their responsibility and Botanica Lakes should take care of theirs. It was the consensus of the Board to provide the design, but not participate in negotiations with SFWMD or the cost of installation and maintenance. Mr. Evans stated that if Botanica Lakes wanted to

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hire him on this issue, he would be glad to do it if the District Board was okay with him doing so. It was the consensus of the Board to allow him to do so.

Field Inspector’s Report

Mr. Hirniak advised that everything was operating normally and that the area was going into the dry season. He indicated that there were some issues with Brazilian pepper and added that there was an issue of areas being oversprayed, which killed the grass. He will check with Clark on the issue. Mr. Hirniak also noted that depending on the area, some are sprayed for the sidewalk or occasionally by boat.

Mr. Hirniak also noted that there was an issue with a pool construction on Milford where they dumped the water in the front and flooded the area. He added that it was unsightly, but did not impact the lake and was back to normal.

BOARD MEMBER COMMENTS
Discussion on Pool Plan Guidance – Gordish

Mr. Gordish stated that when new contractors are working in the development, he thought Mr. Evans had some type of plan guidance to provide to them. Mr. Evans stated the contractors get guidance from the City and it would take about 4-5 hours for him to put together a document. Mr. Carr stated that Bridgetown ARB has such a drawing and they would be glad to share it. There was general discussion on proper dewatering in the yards and not on the driveway or curb.

Discussion on Maintenance of North Side of Flow Way – Gordish

Mr. Aycock advised that at the Marina Bay annual meeting residents complained about the spikerush blocking the flow way and indicated it was getting out of hand. He added that the CDD had the responsibility to maintain the flow way. Mr. Evans stated he would take a look at it to see if it was restricting the flow. Mr. Aycock stated it was not restricting the flow. Mr. Gordish stated that if it was not effecting the flow way the HOA could maintain the banks and it was not a CDD issue.

Mr. Gordish stated he had requested info on the Lee County street lights and the annual cost of operation. Mr. Evans stated he knew where the lights were and could get Mr. Gordish what he has. Ms. Meneely stated she could pull out the costs for the lights.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mrs. Pattison, seconded by Mr. Carr and passed unanimously to adjourn the Regular Board Meeting at 10:40 a.m.

Secretary/Assistant Secretary	Chair/Vice-Chair

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