Meeting Minutes for July 14, 2021
Community Development District
The LLCA Roads Workshop of the Board of Supervisors of the Laguna Lakes Community Development District was held at the Laguna Lakes Clubhouse, 15300 Lakes of Laguna Boulevard, Fort Myers, FL and also via web conference on Wednesday, July 14, 2021.
Present (or attending via web conference) and constituting a quorum were:
Jonathan Busa – Chair
Ellen Young – Vice Chair
Mark Wessler – Assistant Secretary
Mike Cutler – Assistant Secretary
Paul Rumbold, Jr. – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager
Christopher Dudak – Assistant to the District Manager
Nancy Dudak – Assistant to the District Manager
Rudy Bailey – LLCA President
Khalid Nazir – LLCA Treasurer
Bruce Given – LLCA VP
Connie Bottinelli – Secretary
The following is a summary of the discussion and actions taken at the Laguna Lakes Community Development District (CDD) Board of Supervisors roads workshop meeting.
FIRST ORDER OF BUSINESS Call to Order & Roll Call
The meeting was called to order and Cal Teague, District Manager, called the roll. All Board members were present. Ms. Dudak was also in attendance. Mr. Dudak participated virtually. The LLCA Board also attended.
SECOND ORDER OF BUSINESS Approval of the Agenda
The Board reviewed the Agenda.
On MOTION by Supervisor Rumbold, seconded by Supervisor Wessler, with all in favor, the Agenda was approved.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There being none, the next Order of Business followed.
FOURTH ORDER OF BUSINESS Discussion Item
A. LLCA Roads Transfer to CDD Feasibility Discussion
The Chair thanked the LLCA Master Board for attending the meeting. He said that transferring the road maintenance from the Master Association to the CDD had to benefit everybody and be feasible. He suggested that they not take any action at this meeting, but just ask questions and take notes. It was stated that the Strategic Planning Committee of the LLCA who was represented is not a Master Board quorum.
The Chair said this came to be because the Board realized they were going to have to redo the roads, which are expensive, so they were looking for different ways to help the people of Laguna Lakes fund and maintain that project. He gave a description of what assets are included in Tract R for the project, but stated that he thinks an engineer will have to provide a legal description of the area involved. He stated that the LLCA currently collects funds and reserves for maintenance of the roadways and sidewalks. They maintain the landscaping and islands. There have been verbal or written agreements with the parcel associations regarding maintenance. The first thing to consider, he said, is whether both parties have the authority to enter into an agreement. A member of the LLCA stated that whatever they decide has to be good for the community.
The Chair stated that he understands that they want the CDD to take over the cost of surface roadways, surface maintenance and restoration. A member of the LLCA stated that they wanted to improve the roads in 2021 with sealcoating, and repair curbs and gutters. They spent $100,000 this year from Reserves to prolong the life of the roads. The Chair clarified that the information being considered is from Reserve estimates and that their due diligence will involve having an independent study completed on when the roads will need additional work. The last professionals who reviewed the roads said it will be 2024/2025 before they need additional work. The LLCA said they feel the CDD has more experience doing this type of work. They further stated that ultimately, the residents will have to pay for the maintenance, despite who manages the work.
Sidewalk maintenance and repair has been done within the operating budget, about $3,500 annually, not Reserves. Landscaping and trees were discussed to be taken care of by the LLCA, not the CDD. Landscaping for the islands will be handled the same. They discussed that the maintenance of the gate will also remain LLCA responsibility. Additionally, fire hydrants, street signs, light fixtures, and mailboxes will stay with the current entity, except the light fixtures and street signs will go to the CDD. The electronic sign and dog station will remain with the LLCA.
Laguna Lakes Master Association has governing documents that have use restrictions about certain rules and regulations, like overnight parking on the streets. The Chair said he does not want to be involved in enforcement. Access control procedures should be treated as public roads. They are currently a controlled access community. The Chair wants legal clarification of what liabilities they are responsible for on public roads. The Vice Chair stated that if this is going to happen, the residents need to understand the financial impact when it comes to the taxation increases. It was agreed that communication will be essential.
Budgetary concerns were addressed. It was stated that there could be about a $100 reduction in HOA assessments, and the same amount increase for the CDD. Reserves were discussed and whether or not a transfer of funds will take place. The group agreed on further analysis. Both sides expressed concerns about the Private to Public change. The owners will be given a chance to vote or participate in a survey on this issue.
FIFTH ORDER OF BUSINESS Supervisor Requests/Comments
The audiovisual connection was lost temporarily.
- Concerns were expressed about the public roadway, a need for the Engineer to assess the roadway, upfront costs/finances, safety and liability, property values, and public input. Collecting assessments through a tax certificate was suggested as a benefit of the CDD assuming ownership. Controlling expenses was a concern.
- The District Manager stated that if the roads are public through the CDD, which is a special purpose form of government, they would enjoy the protection of sovereign immunity. It was asked if that would give them Sheriff Department protection, and it was stated that they can enter an agreement with them.
- The Board said they want a Reserve study. They also requested engineering and legal opinions.
- The Board wants to understand the “negative transfer” and the impacts around it.
- Mr. Nazir believes this is financially a better decision for the community in general.
- Mr. Bailey said he supports the transfer and they need to understand what “public roads” will mean to the community.
- Mr. Given said that this financially sounds like the right decision. He is concerned about what “public roads” means.
SIXTH ORDER OF BUSINESS Audience Comments
There being none, the next Order of Business followed.
SEVENTH ORDER OF BUSINESS Adjournment
There being no further business, and
On MOTION by Supervisor Rumbold, seconded by Supervisor Wessler, with all in favor, the meeting was Adjourned at 6:42 p.m.
Next Meeting: July 28, 2021 at 4:30 p.m.