ARBORWOOD COMMUNITY DEVELOPMENT
DISTRICT

LEE COUNTY REGULAR BOARD MEETING
MAY 16, 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 May 16, 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
April 18, 2022 Regular Board Meeting…	Page 2
New Business
Consider Approval of Alvarez Partial Release of Easement Agreement…	Page 6
Old Business
Update on Request of Somerset’s for Memorial Bench
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 7
Update on FPL Streetlight Classification
Attorney’s Report
Update on Aeration Agreement
Engineer Report
Update on Erosion at Glastonbury & Epping Way Locations
Field Inspectors Report
Board Members Comments
Adjourn

The News-Press
media group

0005200936 I FNP-0000002787

news-press.com

Attn:
ARBORWOOD COMMUNITY DEVELOPMEN 2501 BURNS RD STE A
PALM BEACH GARDENS, FL 33410
STATE OF FLORIDA COUNTY OF LEE:

/.Y{COtL<

Be re.theJJnders a t personally appeared
<,. LU.,/J)	, who on oath says that
he or she is a Legal Assistant of the News-Press, a daily newspaper published at Fort Myers in Lee County, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of

ARBORWOOD COMMUNITY DEVELOPMENT DISTRICT REVISED FISCAL YEAR 2021/2022 REGULAR MEETING
SCHEDULE Regular Meetings of the Board of Supervisors of the Arborwood C

In the Twentieth Judicial Circuit Court was published in said newspaper editions dated in the issues of or by publication on the newspaper's website, if authorized, on :

04/08/2022

Affiant further says that the said News-Press is a paper of general circulation daily in Lee County and published at Fort Myers, in said Lee County, Florida, and that the said newspaper has heretofore been continuously published in said Lee County, Florida each day and has been entered as periodicals matter at the post office in Fort Myers, in said Lee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that
he or she has never paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper editions dated:

Sworn to and Subscribed before me this 8th of April 2022, by legal clerk who is personally known to me.

My commission expires

SHELLY HORA
Nota·rv pJblic State of Wisconsin

# of Affidavits 1
This is not an invoice

A GANNETT COMPANY

ARBORWOOD COMMUNITY DEVELOPMENT DISTRICT REVISED FISCAL YEAR 2021/2022 REGULAR MEETING SCHEDULE

Regular Meetings of the Board of Su­ pervisors of the Arborwood Communi­ ty Development District will be held at 9:00 a.m. in the Bridgetown at the Plantation Amenity Center - Barbados Room located at 11741 Kingsbridge Boulevard, Fort Myers, Florida 33913 on the following dates:
April 18,2022
May 16, 2022
June 20, 2022
July 18, 2022
August 15, 2022
September 19, 2022

The meetings are open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. The meetings may be continued in progress without additional notice to a time, date, and location stated on the re­ cord. Copies of the agenda for these meetings may be obtained from the District's website or from the District Manager, Special District Services, lo­ cated at 2501A Burns Road, Palm Beach Gardens, Florida 33410. There may be occasions when one or more Supervi­ sors will participate by telephone.

Pursuant to provisions of the Ameri­ cans with Disabilities Act, any person requiring special accommodations to participate in these meetings is asked to advise the District Office at least for­ ty-eight (48) hours before the meeting by contacting the District Manager at 561-630-4922 and/or toll free at 1-877- 737-4922. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800- 955-8770, who can aid you in contacting the District Office.

A person who decides to appeal any decision made at the meeting with re­ spect to any matter considered at a particular meeting is advised that per­ son will need a record of the proceed­ ings and that accordingly, the person may need to ensure that a verbatim re­ cord of the proceedings is made includ-
fiic h h!e!i;e lfs : i/b!  e upon

Meetings may be cancelled from time to time without advertised notice.

Kathleen Meneely District Manager
Arborwood Community Development District
www.arborwoodcdd.org
AD#5200936	Apr. 8, 2022

ARBORWOOD COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
APRIL 18, 2022

CALL TO ORDER

The April 18, 2022, Regular Board Meeting of the Arborwood Community Development District (the “District”) was called to order at 9:10 a.m. in the Bridgetown at the Plantation Amenity Center located at 11741, 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 April 8, 2022, 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; Ray Holter, Helen Shorey, Arthur Alvarez and Gene Crawford.

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

Mr. Alvarez requested the Board reconsider his swimming pool located at 12067 Westmoreland Way, which was built with an 8-inch encroachment into the CDD’s easement. He clarified that he was requesting a partial release of easement so that he would have a clear title on his property. He handed out a survey showing where the pool foundation and enclosure was built into the easement, which is arch shaped, so the corners encroach within the easement.  Mr. Franz asked if the HOA checked the construction and Mr. Holter indicated the
Page 1 of 4

encroachment was caught when they went to review the pool. Mr. Franz requested the HOA add a step to their process in the future to be sure pools are built where they are supposed to be. Mr. Crawford, who is on the HOA, stated that a process has been put into place so that this does not happen again. Mr. Evans stated that the encroachment does not cause a problem in the easement and Mr. Aycock opined that he was comfortable with the variance if the District is not going to need this small portion of the easement. Discussion ensued regarding setting a precedence and Mr. Haber explained that when you have a circumstance such as this one where there were several factors that make it unlikely to ever have the same factors again. He added that any such requests could be reviewed on a case-by-case basis.

A motion was made by Mr. Gordish, seconded by Mr. Aycock and passed unanimously approving a partial release of the easement in the areas encroached upon by the pool, based on the Board’s review that it will not impact stormwater maintenance and not intending to set a precedent; and further requiring the owner to pay the costs involved and authorizing the Chair to execute the release.

Mr. Holter asked for an update on the aeration agreement. Mr. Haber stated that he needed the legal description of where the aeration will be installed. Mr. Evans stated that if the HOA gets him the information, he can get it to Mr. Haber. Mr. Crawford stated that Dragonfly would like to install while the ponds are low. Mr. Evans indicated he could approve the equipment so it can be ordered, which would be at the HOA’s risk until the Board approves the agreement, but at least that would get the equipment on its way. Mr. Aycock stated he would like to see the plans on the solar panel locations.

APPROVAL OF MINUTES
March 21, 2022, Regular Board Meeting

The March 21, 2022, Regular Board Meeting minutes were presented for consideration. Mrs. Pattison noted on Page 3 the word “area” should be “error.”
A motion was made by Mrs. Pattison, seconded by Mr. Carr and passed unanimously approving the March 21, 2022, Regular Board Meeting minutes, as amended.

OLD BUSINESS

There were no Old Business items to come before the Board.

NEW BUSINESS
Consider Somerset’s Request for Memorial Bench

Ms. Meneely went over the correspondence received by the HOA, which requested placing a memorial bench on CDD property. Mr. Haber advised that if this was approved, a license agreement would need to be put into place authorizing the use and obligating maintenance and liability to the HOA. Mrs. Pattison asked if approving would set a precedence and Mr. Haber advised that it would since others may want memorial benches. He added that the CDD had the obligation to treat all homeowners the same unless there was different criteria. Mr. Carr expressed that this request was the definition of a slippery slope as far a setting a precedence. Mr. Gordish stated that there was a 2007 agreement between the District, Somerset and Pulte that may cover items such as this. Mr. Haber indicated he would look at the agreement, but doubted it covers items such as this. General discussion ensued regarding the location, slab size and bench size. There was a consensus of the Board to have Mr. Haber look into the agreement to determine if such a request would be allowed and for the HOA to provide more information regarding the bench and slab measurements.
Page 2 of 4

Consider Proposal for Flow Way Ditch Treatment

Mr. Hirniak went over the details of the Clarke proposal in the amount of $2,350.

A motion was made by Mr. Gordish, seconded by Mr. Carr and passed unanimously approving the Clarke proposal in the amount of $2,350 for the flow way ditch treatment, as presented.

Discussion Regarding Plantation Golf and Country Club Request for Repair of Lake Bank Erosion behind Number 13 Green

Mr. Franz advised that Frank Lyta, the former Superintendent of the golf course, had asked that this area be looked at for erosion. Mr. Evans indicated that it was the District’s responsibility, as it is a traditional lake slope back and will be evaluated during the annual lake bank inspection. He added that it may need to be addressed sooner, along with an area that Mr. Gordish had provided pictures of and noted that he would bring the information back to the next meeting.

ADMINISTRATIVE MATTERS
Manager’s Report
Financials

Ms. Meneely went over the financials. There were no questions.

Ms. Meneely reminded the Board that their next meeting was scheduled for May 16, 2022, and that the June 20, 2022, meeting would include a Public Hearing on the budget.

Update on FPL Streetlight Classification

Ms. Meneely went over the memo in the agenda, stating that FPL only put the streetlight classification rate in place in 2017. She added that FPL was reviewing and if approved, would need to close the current accounts and open new accounts under the streetlight rate.

Discussion Regarding Treeline Streetlight Maintenance Contract Requirements for Inspection/Repair

Mr. Gordish advised that there were three streetlights out on Treeline that have been out for at least three months. He questioned if the contract indicates inspections are required. Ms. Meneely noted she thought a monthly inspection was required and would send the contract to the Board Members as well as call for maintenance on the streetlights that are out.

Attorney’s Report
Update on Cell Tower Property Assessment Research

Mr. Haber advised that he had looked into the methodology with Mr. McElligott of SDS regarding the cell tower property. He explained that the parcel was never included in the methodology as it abuts a conservation area and was originally owned by Worthington, the developer. He stated that the CDD had a right to levy an assessment, which would require a needs analysis on the level of benefit, letters sent, resolutions drawn up and public notices published, including a map of the area. General discussion took place on the potential income versus the costs of obtaining such for the .23-acre parcel. No action was taken with the direction to look at this in the future at such time the methodology is revised.
Page 3 of 4

Engineer’s Report
Update on Somerset Pond Erosion Repairs

Mr. Evans stated the repairs were under contract with the material having been ordered and an anticipated start date of May 2, 2022. He added that it was approximately a three-week job and he will let Somerset know of the schedule.

Mr. Evans stated that he was almost finished with the Stormwater Needs Analysis required by the State of Florida.

Mr. Evans indicated that he had received the easement documentation for the water tank area, and he will provide same to the attorney and Ms. Meneely for the record.

Field Inspector’s Report

Mr. Hirniak noted that the ponds and vegetation looked dry, but normal. He added that the rainfall amounts were 50% of what was considered normal for this time of year.

BOARD MEMBER COMMENTS

There were no further comments from the Board Members.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Aycock, seconded by Mrs. Pattison and passed unanimously adjourning the Regular Board Meeting at 10:45 a.m.

Secretary/Assistant Secretary	Chair/Vice-Chair

Page 4 of 4

CONSIDER APPROVAL OF ALVAREZ PARTIAL RELEASE OF EASEMENT AGREEMENT

TO BE DISTRIBUTED UNDER SEPARATE COVER

Arborwood Community Development District
Budget vs. Actual
October 2021 through April 2022

Oct '21 - Apr 22	21/22 Budget	$ Over Budget	% of Budget

Income

01-3100 · O & M Assessments (On-Roll)	497,363 46		504,210 00		-6,846 54		98 64%	
01-3305 · O & M Assesments (Off-Roll)	0 00		3,565 00		-3,565 00		0 0%	
01-3812 · Debt Assessments (2018)	2,601,964 30		2,637,865 00		-35,900 70		98 64%	
01-3818 · Debt Assessments (2014)	572,340 00		812,114 00		-239,774 00		70 48%	
01-3822 · Debt Assess-Pd To Trustee-2018	-2,494,295 05		-2,532,350 00		38,054 95		98 5%	
01-3829 · Debt Asses-Pd To Trustee-2014	-548,657 05		-788,905 00		240,247 95		69 55%	
01-3830 · Assessment Fees	-9,993 54		-10,000 00		6 46		99 94%	
01-3831 · Assessment Discounts	-141,940 34		-148,892 00		6,951 66		95 33%	
01-9400 · Other Revenue	0 00		15,000 00		-15,000 00		0 0%	

Total Income	
476,781 78		
492,607 00		
-15,825 22		
96 79%	
Expense								
01-1130 · Payroll Tax Expense	443 70		880 00		-436 30		50 42%	
01-1131 · Supervisor Fees	5,800 00		11,000 00		-5,200 00		52 73%	
01-1310 · Engineering	18,269 88		32,500 00		-14,230 12		56 22%	
01-1311 · Management Fees	21,847 00		37,452 00		-15,605 00		58 33%	
01-1313 · Website Management	1,166 62		2,000 00		-833 38		58 33%	
01-1315 · Legal Fees	4,256 00		23,000 00		-18,744 00		18 5%	
01-1318 · Assessment/Tax Roll	0 00		5,000 00		-5,000 00		0 0%	
01-1320 · Audit Fees	0 00		5,350 00		-5,350 00		0 0%	
01-1330 · Arbitrage Rebate Fee	1,000 00		2,000 00		-1,000 00		50 0%	
01-1332 · Amortization Schedule Fee	0 00		500 00		-500 00		0 0%	
01-1450 · Insurance	9,983 00		12,000 00		-2,017 00		83 19%	
01-1480 · Legal Advertisements	1,218 32		5,500 00		-4,281 68		22 15%	
01-1512 · Miscellaneous	1,300 96		3,500 00		-2,199 04		37 17%	
01-1513 · Postage and Delivery	228 87		1,200 00		-971 13		19 07%	
01-1514 · Office Supplies	690 60		2,300 00		-1,609 40		30 03%	
01-1540 · Dues, License & Subscriptions	175 00		175 00		0 00		100 0%	
01-1555 · Trustee Fees	12,174 38		30,000 00		-17,825 62		40 58%	
01-1743 · Continuing Disclosure Fee	3,000 00		4,000 00		-1,000 00		75 0%	

Arborwood Community Development District
Budget vs. Actual
October 2021 through April 2022

	Oct '21 - Apr 22		21/22 Budget		$ Over Budget		% of Budget	

01-1811 · Professional Fee & Permits	
0 00		
1,250 00		
-1,250 00		
0 0%	
01-1816 · Treeline Preserve Maint-Exotics	0 00		6,000 00		-6,000 00		0 0%	
01-1818 · DRI / Traffic Monitoring	0 00		10,000 00		-10,000 00		0 0%	
01-1819 · Environmentl Cnsltng-Passarella	4,477 50		20,000 00		-15,522 50		22 39%	
01-1820 · Panther Mitigation Mnt-Exotics	0 00		80,000 00		-80,000 00		0 0%	
01-1822 · Street Lighting-Utility & Maint	4,100 67		15,000 00		-10,899 33		27 34%	
01-1824 · Field Inspector - Somerset Only	14,519 12		25,500 00		-10,980 88		56 94%	
01-1825 · Lake Maintenance-Somerset Only	26,873 00		46,100 00		-19,227 00		58 29%	
01-1826 · Preserve Maint - Somerset Only	0 00		35,000 00		-35,000 00		0 0%	
01-1827 · Flowway Maintenance	0 00		4,600 00		-4,600 00		0 0%	
01-1828 · Preserve Maint (Parcel C Only)	0 00		10,800 00		-10,800 00		0 0%	
01-1829 · Lake Bank Erosion Mte(Somerset)	0 00		36,500 00		-36,500 00		0 0%	
01-1830 · Strmwtr Drains Ins/MTE-Somerset	0 00		20,000 00		-20,000 00		0 0%	
01-1831 · Strmwtr Drains Ins (Bridgetown)	0 00		2,500 00		-2,500 00		0 0%	
01-1850 · Capital Outlay - Small	0 00		1,000 00		-1,000 00		0 0%	
Total Expense	131,524 62		492,607 00		-361,082 38		26 7%	

 et Income	
345,257.16		
0.00		
345,257.16		
100.0%	

Bank Balance As Of 4/30/22	
$	682,669.38	

Accounts Payable As Of 4/30/22	
$	62,768.92	

Other Assets As Of 4/30/22	
$	-	

Total Fund Balance As Of 4/30/22	
$	619,900.46