ARBORWOOD COMMUNITY DEVELOPMENT
DISTRICT

LEE COUNTY Regular Board Meeting
FEBRUARY 19, 2024
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
February 19, 2024
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
January 15, 2024 Regular Board Meeting…	Page 2
Old Business
Update Regarding Road and School Impact Fee Credits
Update Regarding Treeline Streetlighting
New Business
Update on SFWMD December 2023 Visit to Review Tree Topping…	Page 5
Kutak Discussion Regarding Required Ethics Training…	Page 13
Administrative Matters
Manager’s Report
Financials…	Page 17
Attorney’s Report
Engineer Report
Field Inspectors Report
Preserves Compliance Updates
Board Members Comments
Adjourn

Publication Date 2024-02-09

Subcategory Miscellaneous Notices

NOTICE OF REGULAR BOARD MEETING
ARBORWOOD COMMUNITY DEVELOPMENT DISTRICT
The Board of Supervisors (the Board) of the Arborwood Community Development District (the District) will hold a Regular Board Meeting (the Meeting) on February 19, 2024, at 9:00 a.m. in the Amenity Center Community Room, Somerset at the Plantation, 10401 Dartington Drive, Fort Myers, Florida, 33913. The purpose of the Regular Board Meeting is for the Board to consider any business which may properly come before it.
The Meeting is open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. The Meeting may be continued in progress without additional notice to a time, date, and location stated on the record. A copy of the agenda for the Meeting may be obtained from the Districts website or by contacting the District Manager, Special District Services, at (941) 223-2475. There may be occasions when one or more Supervisors will participate by telephone.
Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this Meeting is asked to advise the District Office at least forty-eight (48) hours before the Meeting by contacting the District Manager at (561) 630-4922. 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 respect to any matter considered at the Meeting is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based.
Meetings may be cancelled from time to time without advertised notice. District Manager
Arborwood Community Development District www.arborwoodcdd.org
Feb 9, 2024

Page 1

ARBORWOOD COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
JANUARY 15, 2024

CALL TO ORDER

The January 15, 2024, 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 of 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 January 15, 2024, 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	Joan Pattison	Present	
Vice Chairman	Jeff Gordish	Present	
Supervisor	Jack Aycock	Present	
Supervisor	Donald Schrotenboer	Present	
Supervisor	Karin Hagen	Present	

Staff members in attendance were:

District Manager	Michelle Krizen	Special District Services, Inc.	
General Counsel	Wes Haber (via phone)	Kutak Rock, LLC	
District Engineer	Ryan Lorenz	JR Evans Engineering	
Field Inspector	Bohdan Hirniak		

Also present was Bethany Brosious of Passarella & Associates.

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
October 16, 2023, Regular Board Meeting
The October 16, 2023,Regular Board Meeting minutes were presented for consideration.
Page 1 of 3

Under Old Business 2. Updated regarding Treeline Streetlighting - it should read Mr. Gordish was correct regarding the proposal, not Mr. Aycock.

A motion was then made by Mr. Schrotenboer, seconded by Mr. Gordish and passed unanimously approving the October 16, 2023, Regular Board Meeting minutes, as amended.

OLD BUSINESS
Update Regarding Road and School Impact Fee Credits

Letters were mailed to both entities who are entitled to the credits. Ms. Krizen heard back from Stephanie Parry who represents Brain Stock and Stock Development. Ms. Parry was planning to gather the necessary documents to proceed with claiming the credits. The other developer has not made contact as of yet. Ms. Krizen will resend that letter.

Update Regarding Treeline Streetlighting

AIS has reached out to FPL regarding the outage. FPL reported to AIS that the power will be restored this week. The hurricane and other repairs are currently being completed. There is a streetlight installed north of the Marina Bay that should be a blank plate, it is not on the plans. Ms. Krizen will follow up with AIS.

Discussion Regarding Individual Environmental Resource Permit
There has been no further communication with the developer.
Update Regarding Dead Trees

Ms. Brosious reported that an inspection and follow up with SFWMD had identified 12 more trees that are eligible to be removed or topped. The report will be shared with Ms. Krizen. Ms. Krizen will share the report with Bridgetown. Bridgetown is responsible for the removal and topping in the preserve in their community. Ms. Krizen will get a proposal from Woods and Wetlands for the other trees.

NEW BUSINESS
Consider Quote for Flow Way Treatment by Solitude Lake Management at Somerset
A motion was made by Mr. Gordish, seconded by Ms. Hagen and passed unanimously approving the Solitude Lake Management quote in the amount of $644.31 to treat the cattails, which is currently reducing the ability to handle the volume and flow.
ADMINISTRATIVE MATTERS
Manager’s Report

Financials

Ms. Krizen presented the financial. The Board had no questions.

Ms. Krizen advised that the next meeting was scheduled for February 19, 2024.

Attorney’s Report
Page 2 of 3

Mr. Haber gave an update regarding Form 1, which is now required to be completed electronically.

Mr. Haber reminded the Board that the new law went into effect January 1st requiring 4 hours of ethics training.

The Board was also reminded that two seats were up for reelection. If the current Board Members are interested in running, they will need to qualify with the Supervisor of Elections.

Engineer’s Report

Dragonfly is working on finishing a punch list of items.

Field Inspector’s Report

There continues to be below average rainfall.

Preserves Compliance Report

Aquatic weed control is being completed on the off-site parcel. The annual inspection will occur in either February or March.

BOARD MEMBER COMMENTS
Mr. Gordish commented that 4 parcels in Sommerset were not correct in the GSI or the County map. Part of the golf course is platted incorrectly to the CDD. The County will look into it. Mr. Gordish will reach out to the golf course so they are aware and can work to correct the platting.
ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Schrotenboer, seconded by Ms. Hagen and passed unanimously adjourning the Regular Board Meeting at 9:53 a.m.

Secretary/Assistant Secretary	Chair/Vice-Chair

Page 3 of 3

nsulrlng gi,r

PASSARELLA
&n-A.-SSOCIATES

TO: FROM: DATE: RE:

Arborwood Community Development District Board Ramsey Fisher ;/!
February 5, 2024

Tree Removal
Somerset at the Plantation and Bridgetown at the Plantation Project No. 02WCO749

As discussed before and during the Community Development District (CDD) meeting on January 15, 2023, additional slash pine (Pinus elliottii) trees eligible for removal were identified in both Somerset at the Plantation and Bridgetown at the Plantation communities. The trees are located on the preserve edges and the coordinates of the trees are included in the table below. These trees were flagged in the field with blue survey ribbon. Removal or topping of the identified trees has been reviewed and authorized by South Florida Water Management District (SFWMD) staff.

Table 1.	Locations of Tress Eligible for Topping or Removal

Dead Slash Pine No.	Coordinates	
Somerset at the Plantation	
3	26.558448, -81.777313	
4	26.558448, -81.777313	
Brid2etown at the Plantation	
5	26.580664, -81.772493	
6	26.572729, -81.774651	
7	26.572729, -81.774651	
8	26.572073, -81.777961	
9	26.572073, -81.777961	
10	26.572073. -81.777961	
11	26.572073, -81.777961	
12	26.572073 -81.777961	

Aerial photographs depicting the locations of these dead trees in both the Somerset and Bridgetown communities are attached as Figures 1 and 2, respectively.
In addition, non-native plants were observed planted within a small region of the preserve in the Bridgetown community, specifically behind the property located at 10856 Dennington Road. The SFWMD requests that the non-native plants be removed, and native plants be planted within this

Offices in Florida and South CaroUna
13620 Metropolis AYenue • Suite 200 • Fort Myers, Florida 33912 • Phone: (239) 274-0067 • Fax: (239) 274-0069 • www.Passarella.net

Arborwood Community Development District February 5, 2024
Page 2

area. A photograph of the area of concern is included at the end of the photo pages and the location is illustrated in Figure 2.

Yard trimmings and discarded house plants were noted within the preserve limits of both the Somerset and Bridgetown communities. Residents and maintenance crews should be made aware that discarding any materials within the preserve areas is not permitted.

The absence of preserve signage was recently noted. Preserve signs should be installed along the preserve edges in accordance with permit requirements.

Please feel free to contact me if you have any questions. RF/ma
Enclosures

cc:	Michelle Krizen, w/enclosures

LEGEND
   
    
 

E

PL

SA

ATE CIR

TREELINE AVE

BAVARIA RD

PROJECT LOCATION

WESTLINKS DR

¶

No. 3 & 4

0	400	800
Feet

LD

G

COMMONWEAL



   
    
    
  

REVISIONS

DA TE

DR AWN BY
T.S., P.F.
DE SIGNED BY
R.F.
REVIEWED BY

DA TE
1/2/24
DA TE
1/2/24
DA TE

13620 Metropolis Avenue
Suite 200
Fort Myers, Florida 33912 Phone (239) 274-0067
Fax (239) 274-0069

SOMERSET AT THE PLANTATION
AERIAL WITH BOUNDARY AND TREE LOCATIONS

DR AWING No.

02WCO749
SHEET No.
FIGURE 1



R.F.	1/2/24

LEGEND
   
    
 
  

L

PROJECT LOCATION

AU

THGOW

No. 5

SA

G

GATEWAY	¶

U

0	400	800
Feet

E

P

Nos. 6 & 7

Nos. 8-11

No. 12

V

Planted non-native vegetation
R

E P

Y PL



   
    
    
  

REVISIONS

DA TE

DR AWN BY
T.S., P.F.
DE SIGNED BY
R.F.
REVIEWED BY

DA TE
1/2/24
DA TE
1/2/24
DA TE

13620 Metropolis Avenue
Suite 200
Fort Myers, Florida 33912 Phone (239) 274-0067
Fax (239) 274-0069

BRIDGETOWN AT THE PLANTATION
AERIAL WITH BOUNDARY AND TREE LOCATIONS

DR AWING No.

02WCO749
SHEET No.
FIGURE 2



R.F.	1/2/24

Removed

No. 3

No. 4

Dead Slash Pine No. 3 and 4

No. 5

Dead Slash Pine No. 5

No. 6

No. 7

Dead Slash Pine No. 6 and 7

No. 8

No. 10

No. 11

No. 9

Dead Slash Pine (Pinus elliotti) No. 8,9,10, and 11

Dead Slash Pine (Pinus elliotti) No. 12

Representative discovered plants within preserve limits

Representative discarded yard trimmings within preserve

Planted non-native vegetation

Tricia Lascasas

From:	Kutak Rock Communications <Communications@KutakRock.com>
Sent:	Friday, January 5, 2024 4:50 PM
To:	Willson, Alyssa C.
Subject:	Ethics Training 2024

ABOUT US	SERVICES	NEWS & PUBLICATIONS

Development and Improvement Districts Practice Group

District Managers,

As of January 1, 2024, all Board Supervisors of Florida Community special districts are required to complete four (4) hours of ethics training each year that addresses at a minimum, s. 8, Art. II of the State Constitution, the Code of Ethics for Public Officers and Employees, and the public records and public meetings laws of Florida. The purpose of this email is to notify you of free, on-demand resources available to Board Supervisors to satisfy this requirement. Further information regarding the requisite training is available on the Florida Commission on Ethics’ (“COE”) website.

Please share this information with Board Supervisors or include in the next available agenda package. As always, if you have any questions, please do not hesitate to reach out to your Kutak Rock attorney.

Free Training Resources

The COE has produced several free, online training tutorials that will satisfy the ethics component of the annual training. The on-demand videos are available at the link below. Further, the website provides

additional links to resources that Supervisors can access to complete the training requirements.

Florida Commission on Ethics Training Resources

Please note that the COE-produced content only provides free training for the ethics component of the annual training. However, the Office of the Attorney General of the State of Florida offers a free, two- hour online audio course that covers the Sunshine Law and Public Records Act components of the requisite training. The on-demand audio course is available at the link below.

Office of the Attorney General Training Resources

Compliance

Each year when Supervisors complete the required financial disclosure form (Form 1 Statement of Financial Interests), Supervisors must mark a box confirming that he or she has completed the ethics training requirements. At this time there is no requirement to submit a certificate; however, the COE advises that Supervisors keep a record of all trainings completed (including date and time of completion), in the event Supervisors are ever asked to provide proof of completion. The training is a calendar year requirement and corresponds to the form year. So, Supervisors will not report their 2024 training until they fill out their Form 1 for the 2025 year.

We have received multiple inquiries as to whether Board Supervisors are required to annually file Form 6 in addition to Form 1. Currently, Board Supervisors continue to be exempt from the requirement to file Form 6.

Finally, with respect to the annual filing of Form 1, beginning this year the Commission on Ethics will be requiring electronic submission of Form 1. Filers, including Board Supervisors, should be receiving an email directly from the Commission on Ethics, providing detailed information about the electronic filing process and the upcoming deadline of July 1, 2024. Note the submission of the forms will no longer be handled through county Supervisor of Election's offices.

Kutak Rock's Development and Improvement Districts Practice Group

Kutak Rock's Florida Development and Improvement Districts Practice Group

Jonathan Johnson Partner

(850) 264-6882

Joseph Brown Partner

(850) 692-7303

Lindsay Whelan Partner

(850) 692-7308

Katie Buchanan Partner

(850) 294-5184

Michael Eckert Partner

(850) 567-0558

Tucker Mackie Partner

(850) 692-7300

Alyssa Willson Partner

(850) 661-9973

Bennett Davenport Associate

(850) 692-7300

Kate John Associate

(850) 692-7330

Michelle Rigoni Associate

(850) 692-7310

Cheryl Stuart Attorney

(850) 692-7300

Wesley Haber Partner

(850) 566-3413

Sarah Sandy Partner

(850) 556-5947

Jere Earlywine Of Counsel

(850) 692-7300

Ryan Dugan Associate

(850) 692-7333

Kyle Magee Associate

(850) 692-7300

Ashley Ligas Attorney

(850) 692-7300

Betty Zachem Attorney

(850) 692-7300

kutakrock.com

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Arborwood Community Development District
Budget vs. Actual
October 2023 through January 2024

Oct '23 - Jan 24	23/24 Budget	$ Over Budget	% of Budget
   
Income

01-3100 • O & M Assessments	507,147.39		539,375.00		-32,227.61		94.03%	
01-3812 • Debt Assessments (2018)	2,476,278.65		2,633,569.00		-157,290.35		94.03%	
01-3818 • Debt Assessments (2014)	581,731.40		618,715.00		-36,983.60		94.02%	
01-3822 • Debt Assess-Pd To Trustee-2018	-2,371,657.95		-2,528,226.00		156,568.05		93.81%	
01-3829 • Debt Asses-Pd To Trustee-2014	-557,153.90		-593,966.00		36,812.10		93.8%	
01-3830 • Assessment Fees	-11,715.00		-10,000.00		-1,715.00		117.15%	
01-3831 • Assessment Discounts	-138,883.59		-151,642.00		12,758.41		91.59%	
01-9400 • Other Revenue	0.00		18,000.00		-18,000.00		0.0%	
Total Income	485,747.00		525,825.00		-40,078.00		92.38%	
Expense								
01-1130 • Payroll Tax Expense	153.00		880.00		-727.00		17.39%	
01-1131 • Supervisor Fees	2,000.00		11,000.00		-9,000.00		18.18%	
01-1310 • Engineering	1,219.20		50,000.00		-48,780.80		2.44%	
01-1311 • Management Fees	13,240.00		39,720.00		-26,480.00		33.33%	
01-1313 • Website Management	666.64		2,000.00		-1,333.36		33.33%	
01-1315 • Legal Fees	3,047.50		22,000.00		-18,952.50		13.85%	
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	0.00		2,000.00		-2,000.00		0.0%	
01-1332 • Amortization Schedule Fee	0.00		500.00		-500.00		0.0%	
01-1450 • Insurance	12,466.00		12,000.00		466.00		103.88%	
01-1480 • Legal Advertisements	480.58		5,500.00		-5,019.42		8.74%	
01-1512 • Miscellaneous	614.34		3,300.00		-2,685.66		18.62%	
01-1513 • Postage and Delivery	201.86		1,150.00		-948.14		17.55%	
01-1514 • Office Supplies	174.50		2,300.00		-2,125.50		7.59%	
01-1540 • Dues, License & Subscriptions	175.00		175.00		0.00		100.0%	
01-1555 • Trustee Fees	8,492.50		30,000.00		-21,507.50		28.31%	
01-1743 • Continuing Disclosure Fee	0.00		4,000.00		-4,000.00		0.0%	
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%	

Arborwood Community Development District
Budget vs. Actual
October 2023 through January 2024

	Oct '23 - Jan 24		23/24 Budget		$ Over Budget		% of Budget	
01-1818 • DRI / Traffic Monitoring	0.00		10,000.00		-10,000.00		0.0%	
01-1819 • Environmentl Cnsltng-Passarella	4,560.30		22,000.00		-17,439.70		20.73%	
01-1820 • Panther Mitigation Mnt-Exotics	0.00		80,000.00		-80,000.00		0.0%	
01-1822 • Street Lighting-Utility & Maint	76,055.04		10,000.00		66,055.04		760.55%	
01-1824 • Field Inspector - Somerset Only	7,730.96		25,500.00		-17,769.04		30.32%	
01-1825 • Lake Maintenance-Somerset Only	15,509.56		46,100.00		-30,590.44		33.64%	
01-1826 • Preserve Maint - Somerset Only	11,250.00		35,000.00		-23,750.00		32.14%	
01-1827 • Flowway Maintenance	0.00		4,600.00		-4,600.00		0.0%	
01-1828 • Preserve Maint (Parcel C Only)	0.00		7,000.00		-7,000.00		0.0%	
01-1829 • Lake Bank Erosion Mte(Somerset)	0.00		45,000.00		-45,000.00		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%	
01-1839 • Lake Bank Inspection-Somerset	0.00		6,500.00		-6,500.00		0.0%	
01-1840 • Lake Bank Inspection-Bridgetown	0.00		6,500.00		-6,500.00		0.0%	
01-1850 • Capital Outlay - Small	0.00		1,000.00		-1,000.00		0.0%	
Total Expense	158,036.98		525,825.00		-367,788.02		30.06%	
Net Income		327,710.02			0.00			327,710.02			100.0%	

Note: Street Lighting - Utility & Maintenance Includes $74,590 Expenditure which was almost entirely covered by Fiscal Year 2022/2023 Insurance Claim Reimbursements.

Bank Balance As Of 1/31/24	$  1,152,107.02	
Accounts Payable As Of 1/31/24	$	395,402.60	
Other Assets As Of 1/31/24	$	-	
Total Fund Balance As Of 1/31/24	$	756,704.42	

Series 2014A-1 Bond Balance As Of 1/31/24	$ 4,220,000.00	
Series 2014A-2 Bond Balance As Of 1/31/24	$	890,000.00	
Series 2018A-1 Bond Balance As Of 1/31/24	$ 18,750,000.00	
Series 2018A-2 Bond Balance As Of 1/31/24	$ 6,470,000.00	
Total Bond Balance As Of 1/31/24	$ 30,330,000.00