ARBORWOOD COMMUNITY DEVELOPMENT
DISTRICT

LEE COUNTY REGULAR BOARD MEETING
APRIL 18, 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
Bridgetown at the Plantation Amenity Center - Barbados Room 11741 Kingsbridge Boulevard
Fort Myers, Florida 33913
REGULAR BOARD MEETING
April 18, 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
March 21, 2022 Regular Board Meeting…	Page 2
Old Business
New Business
Consider Approval of Somerset’s Request for Memorial Bench…	Page 6
Consider Approval of Proposal for Flow Way Ditch Treatment…	Page 8
Discussion Regarding Plantation Golf and Country Club Request for Repair of Lake Bank Erosion Behind Number 13 Green
Administrative Matters
Manager’s Report
Financials…	Page 11
Update on FPL Streetlight Classification…	Page 13
Discussion Regarding Treeline Streetlight Maintenance Contract Requirements for Inspection/Repair
Attorney’s Report
Update on Cell Tower Property Assessment Research
Engineer Report
Update on Somerset Pond Erosion Repairs
Field Inspectors Report
Board Members Comments
Adjourn

Page 1

ARBORWOOD COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
MARCH 21, 2022

CALL TO ORDER

The March 21, 2022, 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: Bethany Brosious of Passarella & Associates; Michael McElligott of Special District Services, Inc. (via phone); Gene Crawford, Ray Holter, Helen Shorey, Arthur Alvarez and Dave Hempleman.

ADDITIONS OR DELETIONS TO THE AGENDA

Mr. Aycock requested the addition of a discussion on the baffles. Mr. Carr requested the addition of a discussion the pool encroachment.

There was a consensus of the Board to add both items to the agenda.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

Page 1 of 4

Mr. Crawford indicated that Bridgetown would like to install 3 aerators in Lakes 2, 3 and 4 with one of the aerators being solar. Mr. Haber noted since the District was the permit holder, Mr. Evans would need to review the installation to be sure it will not impact the stormwater system. He also advised that an easement document granting access and maintenance rights that provides for damages, insurance and indemnification would need to be executed. Mr. Crawford indicated that Mr. Evans had already been consulted. Mr. Evans added that aeration was a positive thing and there would be no equipment in the District’s maintenance area. Mr. Haber stated he would draft an agreement. Mr. Evans noted he would check out the proposed equipment.

Mr. Crawford advised that the Alvarez pool that had been built infringing on the lake maintenance easement sits 8-10 inches into the easement due to curvatures of the land. He added that it had not been built to plans and the two corners were off. He asked what relief could be provided to the homeowner. Mr. Haber stated the Board could either relinquish a portion of the maintenance easement, which is a forever alternative, or they could record a license agreement that allows the encroachment, but requires its removal if it ever becomes egregious to use of the easement. There was general discussion that this was a builder area and that option 2 of providing a license agreement best protected the District.

A motion was made by Mrs. Pattison, seconded by Mr. Gordish and passed unanimously directing the attorney to draw up a license agreement, as discussed.

APPROVAL OF MINUTES
February 21, 2022, Regular Board Meeting

The February 21, 2022, Regular Board Meeting minutes were presented for consideration. Mr. Gordish pointed on Page 3, Item F, the amount should be “per month” not “this year”.
Mr. Aycock noted on Page 4, Item J, under Board Member Comments that he had asked that a $5,000 amount be added to the budget for Board Members to individually speak to staff.

A motion was then made by Mr. Aycock, seconded by Mrs. Pattison and passed unanimously approving the February 21, 2022, Regular Board Meeting minutes, as amended.

NEW BUSINESS
Consider Resolution No. 2022-01 – Adopting a Fiscal Year 2022/2023 Proposed Budget

Resolution No. 2022-01 was presented, entitled:

RESOLUTION 2022-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ARBORWOOD COMMUNITY DEVELOPMENT DISTRICT APPROVING PROPOSED BUDGETS FOR FISCAL YEAR 2022/2023 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICATION REQUIREMENTS; ADDRESSING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Mr. McElligott went over the proposed budget with no assessment increases, stating that any increase would require letters to homeowners.

Page 2 of 4

Mr. Gordish asked why the cell tower property owner does not pay a CDD assessment. Mr. McElligott stated that the parcel was carved out of the initial methodology for assessments, but the reason was unknown. Mr. Gordish stated it should be investigated and a general discussion ensued regarding the benefits the property receives from the District as well as the potential debt and O&M assessment.

A motion was made by Mr. Gordish, seconded by Mrs. Pattison and passed unanimously directing the attorney investigate whether or not the property is eligible for bond assessments not to exceed two hours’ worth of work.

Mr. Aycock stated, based on the discussion about raising assessments, he was withdrawing his request for funds for Board Members to individually speak with staff.

Mr. Holter questioned the District taking responsibility for the stormwater drainage in Botanica Lakes and the maintenance of the preserve land on the property behind the storage tank. Ms. Brosious stated that land would be treated during the annual maintenance for exotics. Mr. Franz stated that the District does not have responsibility for Botanica Lakes, as the permits are in Botanica Lakes’ name. Mr. Carr added that Botanica Lakes owns its structure and in the past, they have prevented the District from inspecting. Mr. Gordish added that the District could always call South Florida Water Management District if they are not maintaining the structure.

Discussion ensued concerning the baffles being potentially designed by the District, provided that the community is receptive and responsible for permitting and installation. Mr. Franz added that the District could commit once it knows that the community is moving forward.

OLD BUSINESS
Update Regarding FPL Arborwood CDD Tax Exemption and Rate

Ms. Meneely advised that FPL had refunded the taxes back to 2019. Mr. Gordish asked about the categorization rate, stating that it should be streetlights. Ms. Meneely stated that staff had sent that question to FPL and was awaiting a response. Mr. Franz commended Mr. Gordish for sniffing out this refund.

ADMINISTRATIVE MATTERS
Manager’s Report
Financials

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

Update on Meeting Location

Ms. Meneely stated, beginning in April, the location of the Board Meetings would be at the Bridgetown Amenity Center at 11741 Kingsbridge Boulevard during the renovation of the Somerset Community Room.

Announcement of Qualification Period

Ms. Meneely advised that Seats 1 (Carr), 2 (Franz) and 3 (Aycock) expire this year and if interested in continuing on the Board, the respective Supervisors would need to file for such during the qualification period. Mr. Haber advised that the qualification period runs from noon on June 13, 2022, to noon on June 17, 2022.

Attorney’s Report
Page 3 of 4

There was no Attorney’s Report at this time.

Engineer’s Report

Mr. Evans advised, pursuant to the last meeting, the drainage project had been reduced to fit in the budget and the contract was ready to be signed. Ms. Shorey asked for a timeline and Mr. Evans advised that it would be as soon as possible and before the rainy season. He added that he would send the HOA an exhibit and that light erosion control would take place on those areas held over.

Mr. Gordish asked about the traffic study and Mr. Evans indicated that 2018 was the last report, as a variance was received in 2020 and would be requested again. He added that this was a requirement of the DRI as a truth-up test, but the trips being used in the last report were not near the number of trips initially anticipated.

Field Inspector’s Report

Mr. Hirniak stated that the conditions of the lake were good.

Mr. Franz advised that he had given Mr. Evans a letter from the golf course to discuss erosion issues on Hole #13, which they feel the CDD should repair. Mr. Evans stated he would look into it.

Update on Over Spraying Issues at Somerset

Mr. Hirniak stated that the over spraying issue was inconclusive, as to the culprit, after a field trip and that if anyone ever notices such issues to please call him right away.

BOARD MEMBER COMMENTS

Ms. Meneely advised that the baffles and pool encroachment issues added to the agenda were addressed earlier in the meeting.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Carr, seconded by Mr. Aycock and passed unanimously to adjourn the Regular Board Meeting at 11:14 a.m.

Secretary/Assistant Secretary	Chair/Vice-Chair

Page 4 of 4

Somerset at the Plantation Community Association, Inc.
10401 Dartington Drive Fort Myers, Florida 33193 239-225-6300

April 7th, 2022

Arborwood Community Development District 1801 Lee Road, Suite 255
Winter Park, Florida 32789 Attention: Chairperson

RE: Somerset at the Plantation Installation of Bench at Vicars Lane

Dear Chairperson:

Recently, the community’s first Board president passed away. One of his neighbors is interested in memorializing him by placing a bench near his home. The community would like to work with the homeowner and help install the bench. The bench would be installed by the community using a licensed and insured contractor. The HOA would indemnify the CDD and the HOA would take on the responsibility of maintaining the bench and removal, if required.
The HOA intends on hiring a contractor to pour a concrete slab to attach the bench. Afterwards, our in- house maintenance personnel will secure the bench to the slab.
Below you will find the proposed location of the bench in front of 12126 Vicars Lane.

Somerset at the Plantation Community Association, Inc.
10401 Dartington Drive Fort Myers, Florida 33193 239-225-6300

Please let me know if this is acceptable and if you require any other documentation from the HOA to grant his request. We thank you in advance for your kind consideration.

Sincerely,

Adam Smalley, LCAM, CMCA Community Association Manager
Somerset at the Plantation Community Association, Inc.

	 A Global Environmental Products and Services Company

Price Quote

PROJECT NAME:	Somerset Flow Way Single Service Maintenance ATTENTION:	Bohdan Hirniak
PRICE QUOTED:

Description	No. of Events	Total	
Single Service Treatment	1	$2,350.00	

SCOPE OF WORK:

Single Service Treatment to Flow Way

Clarke® will provide the labor and materials for one event to treat, torpedo grass in the middle of the ditch, cattails (Typha spp.) and willow (Salix caroliniana) within one flow way area at the Somerset at Plantation community/ Arborwood CDD. Treatment area map is located below. All species will be killed-in-place with an appropriate herbicide approved for use. All work will be directed by a qualified project manager licensed to apply pesticides by the State of Florida.

	 A Global Environmental Products and Services Company

Price Quote (continued)

PROJECT NAME:	Somerset Flow Way Ongoing Maintenance

CONDITIONS:
This quote shall remain valid for a period not to exceed thirty (30) days beyond the submittal date of March 4, 2022. If not accepted within this period, Clarke® reserves the right to modify any portion thereof or withdraw the quotation in its entirety. This agreement and the attached terms and conditions shall be effective upon its full execution.

QUOTED BY: Lori Clemence
Control Consultant Clarke® lclememnce@Clarke.com

IN WITNESS WHEREOF, this Agreement is executed on the dates hereinafter stated.

CLARKE®	CLIENT

By:		By:	

Printed:		Printed:

Title:	Aquatic Consultant		Title:

Date: 	, 2022	Date: 	, 2022

PLEASE INDICATE IF THE CLIENT IS ALSO THE OWNER OF THE PROPERTY ON WHICH THE SERVICES/WORK WILL BE PERFORMED:
	_ OWNER		 NOT THE OWNER

IF THE CLIENT IS NOT THE PROPERTY OWNER, PLEASE PRINT THE NAME AND CONTACT INFORMATION FOR THE PROPERTY OWNER:
Name:		_ Address:_	_
	 _ Phone Number:	_

A Global Environmental Products and Services Company

PRICE QUOTE TERMS AND CONDITIONS

Services. Clarke® hereby agrees to provide all supervision, labor, materials, equipment, and other facilities to complete the Work as described in the attached Price Quote ("Scope of Work" or “Work”). Clarke® agrees to use its best efforts in completing the Work. The Work shall be accomplished in a workmanlike and professional manner using the degree of skill and care ordinarily exercised by a reputable member of Clarke's® profession practicing in the same or similar locality. No other warranty, express or implied, is made or intended, unless provided in the Scope of Work.

This agreement is limited to tasks identified in the attached Price Quote and does not include additional or repeat W ork resulting from changes to the project or the information upon which this agreement is based. Modification to the final work products performed at the request of the Client that is not the result of the Contractor’s errors or omissions shall be billed to the Client as additional services.

Time. This quote shall remain valid for a period not to exceed thirty (30) days beyond the date of submittal. If not accepted within this period, Clarke® reserves the right to modify any portion thereof, or withdraw the quotation in its entirety. This agreement shall be effective upon its full execution.

Duty to Cooperate. Client agrees to cooperate with Clarke® in all respects in connection with Clarke’s® efforts to discharge the Scope of Work. Client shall make Client’s property available to Clarke®, shall timely comply with Clarke’s® requests for information, and shall execute all documents reasonably required by Clarke® in discharging the Scope of Work. Client agrees to inform Clarke® of any known job site hazards including, but not limited to, hazardous substances, buried debris, ordnance or explosives, sinkholes, wildlife hazards, etc.

Payment. Client agrees to pay a fee for the Work performed based upon the information contained in attached Price Quote. As soon as may be practicable at the beginning of each month, Clarke® shall invoice Client for all work performed in the prior month and any other sums due Clarke®. Client shall pay the invoice amount within thirty (30) days after the invoice date. Clarke® may cease performing work under the attached Price Quote if any payment due hereunder is not paid within thirty (30) days of the invoice date.

Client agrees that Clarke® may place a lien upon the Property for Work performed under the attached Price Quote and that Clarke® may record and enforce the lien for Work performed in accordance with the provisions of Florida's Construction Lien Law. In any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. In addition, if Clarke® places this executed Price Quote in the hands of an attorney for the collection of any sums due hereunder, Client agrees to reimburse Clarke® for its reasonable attorney's fees and costs relating thereto.

Termination and Default. This agreement may be terminated by either party giving the other party thirty (30) days written notice of intent to terminate. In addition, upon default by Client, monetary or otherwise, this agreement may be terminated by Clarke® with seven (7) days written notice of intent to terminate if the default remains uncured after such notice period. Clarke’s® liability to Client or any related party for any claim related to or arising out of (i) this agreement or (ii) Clarke’s® Work shall be limited to two times the amount of fees paid by Client hereunder.

Force Majeure Event. Clarke® shall not be liable to Client for damages resulting from delay in or termination of Clarke’s® Work because of fire or casualty, riots, strikes, picketing, boycotts, lockouts, labor disturbances, shortages of materials, war, terrorism or combined action of the workmen or others, governmental delays, or any acts of God including, but not limited to, severe snowstorms, earthquakes, hurricanes, floods, or any other cause or condition beyond its control making it inadvisable in Clarke’s® determination to proceed with the Work (collectively, a “Force Majeure Event”). Clarke® shall have no obligation to resume Work discontinued under this Section. If Clarke® elects not to resume the Work, Client’s sole and exclusive remedy shall be payment on a pro-rata basis for the percentage of Work that has actually been completed as of the date of its receipt of Clarke’s® notice of the Force Majeure Event.

Miscellaneous. The invalidity of any provision of the agreement shall not impair the validity of any other provision. If any provision of this agreement is determined to be unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and the remaining provisions of the agreement shall be enforced.

This agreement shall be construed and interpreted in accordance with, and the validity of this agreement shall be judged by, the laws of the State of Florida.

This agreement sets forth the entire agreement and understanding of the parties hereto. It may only be amended, modified or terminated by the written mutual consent of all of the parties hereto and duly executed by the authorized representatives of the parties hereto.

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From: Tori Shamy <tshamy@sdsinc.org>
Sent: Friday, April 8, 2022 10:28 AM
To: Kathleen Dailey <kdailey@sdsinc.org>
Subject: RE: Arborwood FPL Kathleen,
I just heard back from FPL (Alan Hartman). Alan did a bit of research, and the streetlight rate was not created until 2017. These accounts were opened prior to that. That is why they are not classified under that rate. For the accounts to be switched to that rate, Alan must send the information over to the service planning department. They will do some work to make sure that only streetlights are powered by these meters. Once that is complete, they will need to close these accounts and open new accounts under the streetlight rate. He is not sure how long that will take, but Alan is going to monitor the process and follow up once the review is complete. I will keep you posted.

Tori Shamy
Special District Services 2501 A Burns Rd
Palm Beach Gardens, FL 33410 561‐630‐4922