Amended Meeting Minutes for August 25, 2021
Community Development District
The regular meeting of The Board of Supervisors of the Laguna Lakes Community Development District was held at the Lakes Regional Library, 15290 Bass Road, Fort Myers, Florida and also via web conference on Wednesday, August 25, 2021.
Present (or attending via web conference) and constituting a quorum were:
Jonathan Busa – Chair
Ellen Young – Vice Chair
Mark Wessler – Assistant Secretary
Paul Rumbold, Jr. – Assistant Secretary
Mike Cutler – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager
Tad Kring – Irrigation Specialists
Christopher Dudak – Client Services Manager
The following is a summary of the discussion and actions taken at the Laguna Lakes Community Development District (CDD) Board of Supervisors roads regular meeting.
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order and all Board members were present. Also in attendance was Cal Teague, the District Manager. Participating via web conference were Tad Kring from Irrigation Specialists, and Christopher Dudak of PDM.
SECOND ORDER OF BUSINESS Approval of the Agenda
The Board reviewed the Agenda with a request to remove item 6C. Also were two additions, 10C, and move 12A to the top of New Business.
On MOTION by Supervisor Wessler, seconded by Supervisor Rumbold, with all in favor, the Agenda was approved as amended.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There were no audience comments on the Agenda items.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Roads Transfer Meeting Minutes for July 14, 2021
There were no changes or corrections to the Transfer Meeting Minutes for July 14, 2021.
On MOTION by Vice Chair Young, seconded by Chair Busa, with all in favor, the minutes of the July 14, 2021 Roads Transfer Meeting Minutes were approved as submitted.
B. Draft Meeting Minutes for July 28, 2021
As to Draft Meeting Minutes for July 28, 2021, change Page 11, Item 51: Ramirez maintains landscaping around the berm, rather than JVM. New plantings were cut too short near the berm.
On MOTION by Chair Busa, seconded by Supervisor Rumbold, with all in favor, Draft Meeting Minutes for July 28, 2021 were approved as amended.
FIFTH ORDER OF BUSINESS Fiscal Year 2022 Budget Public Hearing
The District Manager discussed the proposed Budget and identified suggested Budget adjustments which were included in the Budget worksheet.
On MOTION Chair Busa, seconded by Vice Chair Young, with all in favor, at 4:39 the public hearing was opened. There being no audience comments; On MOTION Supervisor Rumbold, seconded by Vice Chair Young, all in favor, at 4:40 the public hearing was closed.
A. Resolution 2021-04: Approval of Fiscal Year 2022 Budget
After a presentation from District Manager Teague, the Board agreed to increase R&M plant replacement by the perimeter wall from $2,500 to $5,000. Also, it was agreed to increase capital outlay to $105,000 and decrease R&M Lakes Erosion to $24,569. In addition, it was determined to create a line item for the Tucor subscription services for the controllers.
The Board discussed the proposed Budget and comments were made:
- Supervisor Mike Cutler would like the PDM fee to remain the current rate without a 3% increase, which it was last year. District Manager Teague stated that this would mean that any increase would be reduced to $54,478. Supervisor Cutler would also like to have Special Assessments removed from the budget, because the assessments are the same every year. He proposed no increase be allocated for this. In addition, Supervisor Cutler requested that Field Service Management also not be increased by 3% and kept at the current rate. He also is asking if Tucor is being changed to a separate line item from Irrigation Services for irrigation purposes. He wondered if there is justification for a 25% increase. In addition, he asked District Manager Teague to clarify that allocation for lake erosion should be $112,000 rather than $60,000.
- Supervisor Wessler proposed an increase in plant replacement. He also mentioned lake erosion, which was previously discussed.
- Vice Chair Young wants to make sure that allocation for lake erosion is still in the budget.
- Supervisor Rumbold wanted it clarified that the monies discussed by Supervisor Cutler for lake erosion were accurate. District Manager Teague assured the Board that the monies for lake erosion are correct as previously discussed.
- District Manager Teague stated that $5,000 will be allocated for plant replacement, and $105,000 for lake erosion and the perimeter wall.
On MOTION by Supervisor Rumbold, seconded by Chair Busa, with 4 in favor, Supervisor Cutler opposed, that Resolution 2021-04: Approval of Fiscal Year 2022 Budget be approved as amended.
B. Resolution 2021-05: Adoption of FY 2022 Assessment Levy
The District Manager Presented Resolution 2021-05 establishing the assessment to fund the adjusted Budget.
On MOTION by Vice Chair Young, seconded by Supervisor Wessler, with all in favor, adopted the Resolution 2021-05: Adoption of Fiscal Year 2022 Assessment Levy.
SIXTH ORDER OF BUSINESS Old Business
A. Irrigation Report
Tad Kring of Irrigation Specialists gave an update on the irrigation system and the snail issues. Mr. Kring is updating the chlorine injection system, and expects to give his report at the next meeting. He also commented that he would like to use the flush out installation funds to clean valves and filters. He will prepare a summary about how he proposes to use these funds.
i. Irrigation Services Contract Renewal
The Board discussed these areas of concern:
- Supervisor Cutler was asking why there is a 25% increase in funding.
- Schedule A needs to be completed and included in the final document.
- Supervisor Cutler would like to see copies of the Certificates of Insurance. These will be afforded him. He asked if there are licenses for worker’s compensation, liability, and automobile. Mr. Kring stated that Irrigation Specialists has state and local licenses on file.
- A clause regarding the prohibition of drug and alcohol usage on site.
- The requirements for license and copies of certificates of insurance need to be included, as well as any subcontractors Irrigation Specialists use.
- A clearer description of the monthly report that Mr. Kring presents. The Board is asking for more description of tasks performed in the monthly invoices and a listing of concerns during the month.
- A definitive date of the terms of the contract needs to be included.
On MOTION Supervisor Rumbold, seconded by Vice Chair Young, 4 in favor, Supervisor Cutler opposed, that the Irrigation Services Contract be adopted as amended.
Supervisor Rumbold asked if there are pumps down. Tad Kring states that they will check the tanks in the next week. If there is a problem, he recommends that residents contact the property manager. Upon inquiry, Mr. Kring stated that when the tanks are down, they automatically reboot. To answer a question by Supervisor Rumbold concerning the chlorine status, a report will be forthcoming and a new proposal will be considered.
Mr. Kring is installing four additional flush outs as agreed to in the last meeting. He said Lake and Wetland Management injects the lakes with copper sulfate, then Irrigation Specialists flushes the valves for dead snails, and they are eradicated in the system. Mr. Kring asked for additional funds for labor outside the contract limits. Supervisor Cutler requested that the filtration treatment be reviewed as compared to its effectiveness 10-12 years ago.
B. LLCA to CDD Roads Transfer Feasability Update
Chair Busa addressed concerns that were brought up at the last meeting:
- Are the residents in agreement about the proposal to transfer funds for road maintenance from the LLCA to the CDD? Chair Busa stated that the transfer cannot be completed unless a 2/3 majority of residents agree to it. Vice Chair Young asked when the residents will be approached with this proposal. It was stated that they need to get more information for the board before the residents are approached.
- On the question of liability, the CDD attorney reported that there is less liability for the CDD than for the LLCA.
- Concerning the financials, the LLCA would like a clear understanding of the financial implications of the transfer. It was determined that the LLCA will obtain a professional valuation study of assets for transfer before the first quarter of 2022.
SEVENTH ORDER OF BUSINESS New Business
It was agreed to amend the agenda and place 12A in New Business.
TWELFTH ORDER OF BUSINESS Attorney
A. Encroachment to Lake Maintenance Easement (LME)
A request was received by a person purchasing a home that a variance be allowed, because the pool was originally installed within the LME. This is to assure that title insurance can be issued to the buyer. It was stated that County documents suggested that an amendment was adopted to permit pool encroachments such as this. The Board approved a document being prepared by the buyer’s attorney, but it needs to be reviewed by CDD’s attorney. It was also approved by the Board to give the Chair authority to execute any requested documents after review by the Attorney. If a variance is not needed, then the buyer can proceed without Board action.
On MOTION by Supervisor Rumbold, seconded by Supervisor Wessler, with all in favor, that Chair Busa is authorized to sign an agreement for this request upon review by the Attorney.
EIGHTH ORDER OF BUSINESS Lakes Maintenance
This is covered in Field Manager Pepin’s report.
NINTH ORDER OF BUSINESS Field Manager
A. Field Report for July
This was briefly reviewed and there were no questions.
It was reported by Supervisor Cutler that Lake 6 fountain has been down for a week.
B. Work Orders for Approval
There were no work orders to present.
C. Other Follow-up Items
i. Muck Analysis Update
Instead of bacteria, Lake and Wetland Management is proposing the use of lime rock to help reduce the Ph and hardness of the water. which will help reduce algae. Field Manager Pepin is waiting for the proposal.
ii. Cane Toad Removal Proposal
Lake and Wetland Management has given a quote of $1500 to manually remove Cane Toad tadpoles. On the other hand, Solitude would provide traps to remove the tadpoles at $600 each. This would be approximately $9,500. It was suggested that 15 traps be used and placed 1,000 feet apart.
On MOTION by Supervisor Cutler, seconded by Supervisor Rumbold, with three in favor and Chair Busa and Supervisor Cutler against, to approve Lake and Wetland Management’s proposal to remove Cane Toad tadpoles, at a not to exceed $1,500.
The Board further discussed their desire to remove Cane Toads as well as Cane Toad tadpoles.
On MOTION by Supervisor Wessler, seconded by Chair Busa, with all in favor, that the previous motion be withdrawn.
On MOTION by Supervisor Rumbold, seconded by Supervisor Cutler, with all in favor, to authorize removal of Cane Toad tadpoles with traps, and to also remove adult Cane Toads manually, with the total not to exceed $11,000.
iii. Tabled Landscaping Proposal
Tabled until irrigation is up and running.
iv. Lake 6 Fountain Repair Update
The proposal has been signed and returned to Solitude and should be completed within the next few weeks.
v. Fountain Timers Checks
After checking the timers, there were only 2 units out of synch, and those were adjusted.
vi. Grossman 9200 Belleza Way Driveway Pavers Repair Update
The driveway is scheduled to be repaired by Conidaris Builders during the week of August 23, 2021.
TENTH ORDER OF BUSINESS District Manager
A. Update on FPL Reimbursement for Wire Cut Damage Insurance Claim
Masco, the FPL sub, has acknowledged their responsibility and the CDD is waiting for verification.
B. Resolution 2021-06: Fiscal Year 2022 Meeting Schedule
On MOTION by Supervisor Wessler, seconded by Supervisor Cutler, with all in favor, to adopt the Fiscal Year 2022 Meeting Schedule.
The Insurance Schedule was added to the Agenda.
C. Insurance Schedule
District Manager Teague distributed a copy of the assets covered for property by the insurance carrier. This includes two pump stations and the Tucor controllers. The Board agreed that no additional assets are to be included.
ELEVENTH ORDER OF BUSINESS Financial Statements
A. July 2021
It is 100% collected.
On MOTION by Supervisor Rumbold, seconded by Supervisor Young, with all in favor, the July 2021 financials were approved.
THIRTEENTH ORDER OF BUSINESS Engineer
Nothing to discuss.
FOURTEENTH ORDER OF BUSINESS Supervisor Requests/Comments
FIFTEENTH ORDER OF BUSINESS Audience Comments
SIXTEENTH ORDER OF BUSINESS Adjournment
The Next Regular Meeting is September 22, 2021 at 4:30 p.m.