Meeting Minutes for May 15, 2024
Laguna Lakes
Community Development District
The regular meeting of The Board of Supervisors of the Laguna Lakes Community Development District was held at the Laguna Lakes Clubhouse, 15250 Lakes of Laguna Boulevard, Fort Myers, Florida and also via web conference on Wednesday, May 15, 2024.
Present and constituting a quorum were:
Jonathan Busa – Chair
Mark Wessler – Vice Chair
Michelle Martel – Assistant Secretary
Bruce Given – Assistant Secretary
Mike Cutler – Assistant Secretary
Also present were:
Cal Teague – District Manager, Premier District Management (PDM)
Melissa Gindling – Assistant District Manager, PDM
Vickie Rose – Resident
Rudy Bailey – Resident
Mark Cohen – Resident
Attending remotely:
David Schmitt – Engineer, Hole Montes & Associates
Chris Pepin – Field Manager, Community Field Services
Aaron Smith – Insight Irrigation
The following is a summary of the discussion and actions taken at the Laguna Lakes Community Development District (CDD) Board of Supervisors regular meeting.
FIRST ORDER OF BUSINESS Call to Order and Roll Call
All Board members were present, and the District Manager, Cal Teague, called the meeting to order. Also in attendance were Melissa Gindling, the Assistant District Manager, and Residents Vickie Rose, Rudy Bailey, and Mark Cohen. Attending remotely were David Schmitt, the Engineer, Chris Pepin, the Field Manager, and Aaron Smith from Insight Irrigation.
SECOND ORDER OF BUSINESS Approval of the Agenda
Add 5Aiv: Request for Additional Zones at 9250 Paseo De Valencia Follow-up
Add 8E: Reminder of Ethics Training and Electronic Filing of Form 1.
On MOTION by Supervisor Martel, seconded by Vice Chair Wessler, 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 Agenda items.
FOURTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion
No Items were pulled.
B. Motion to Approve Consent Items
On MOTION by Vice Chair Wessler, seconded by Chair Busa, with all in favor, the Board approved all of the Consent Items.
C. Consideration of Items Pulled for Discussion
D. Consent Items
i. Draft Regular Meeting Minutes for March 20, 2024
ii. Financial Statements for March 2024
iii. Financial Statements for April 2024
iv. May Field Report
v. Irrigation Work Orders Log
vi. Annual District Registered Voter Count – 979
vii. Attorney Fee Adjustment Letter
FIFTH ORDER OF BUSINESS Old Business
A. Irrigation
i. Irrigation Pump Replacement Update
District Manager Teague reported that the pump installation was completed on May 9th, and the landscape repair was completed recently.
He also stated that the new pump has a one year maintenance plan, and the District will receive a renewal contract before the 1-year expiration date. The maintenance plan includes a visit from Hoover and remote monitoring with Flowguard software. Assistant District Manager Gindling explained that Flowguard allows staff to diagnose small issues before they become larger problems and no other preventive maintenance is required. Hoover will send out a technician for any major issues detected by Flowguard.
Vice Chair Wessler requested a financial summary of this project, which was provided to the Board. District Manager Teague explained the specifics of the summary. An e-blast was also sent to the residents, informing them of the pump replacement project.
ii. Proposal for Monitoring Services
Insight Irrigation sent over a proposal for their monitoring services with the cost of $2,012.50 per month. This includes remote monitoring of the pump station, flow alerts and the clocks, and addressing alerts and alarms from the pump. Insight will perform weekly diagnostics and maintain a schedule and map of the irrigation in the community. Insight will also communicate with No Limit regarding irrigation issues. Insight does not communicate with residents directly, but they will provide updates to staff, who can follow up with residents.
Aaron from Insight Irrigation joined online to review his proposal and answer questions from the Board. He explained that they can monitor the flow of water and any issues arising in the community, and this will give them the capability to diagnose the issue and correct it. He explained the communication process, including who will be notified of an issue, and how the issue will be resolved.
The irrigation issues in Monterrey were discussed, including the concerns about the smaller pipe sizes in the area. Aaron reported that he would try to regulate flow in this area, and determine if too many zones are running at the same time, and if this is impeding irrigation. Aaron also reported that it will take at least 2 months to develop the irrigation schedule for the community.
The Board approved this proposal.
On MOTION by Vice Chair Wessler, seconded by Chair Busa, with all in favor, the Board approved Insight Irrigation to monitor the irrigation system, not to exceed $2,012.50 per month.
iii. Irrigation Issues at 9189 Paseo De Valencia Follow-up
The issues at this address were discussed briefly, and since no further complaints have been received recently, it was removed from the Agenda.
iv. Request for Additional Zones at 9250 Paseo De Valencia Follow-up
This request was approved at the January meeting, stating that the CDD will pay for $905 of the proposal, and the homeowner is responsible for $1,200. The homeowner reached out to staff last week and stated that they would like to proceed, and they will be sending the CDD a check for $1,200. When this is received, staff will ask No Limit to proceed with the project.
B. Resident Plantings in CDD Berm at 15460 Laguna Hills Drive Follow-up
The resident at this address planted a considerable amount of vegetation in the CDD’s easement and drainage swale.
Field Manager Pepin presented an overview of the project:
He stated that the owner was sent 4 letters, which gave him time to remove the vegetation from the CDD drainage easement. The homeowner failed to remove any of the vegetation by the deadline given in the 4th letter.
Chris stated that, during the field inspection on May 9th, they had tied green survey tape to 10 or 11 plants that were on the CDD berm, which were scheduled to be removed by JVM on May 13th. Upon subsequent inspection, it was noted that some survey tape had been removed, and the homeowner had placed it on his property.
Chris spoke to the homeowner on May 14th and the homeowner informed Chris that he moved the survey tape over the weekend and began removing some of the vegetation. He stated that he must have placed the removed survey tape near the patio area of his home, which is probably why he saw landscapers on his property removing plants from that location, while they were also removing a few plants on the CDD easement. Chris stated that the homeowner informed JVM that he had removed the survey tape. Chris stated that JVM has been in communication with the homeowner and has agreed to reimburse the homeowner when he purchases replacement plants, which will be installed around his patio.
Chris stated that the homeowner became very hostile during his last phone call with him on May 14th, and he did not feel comfortable sending someone to his property today to take photos, which would illustrate whether any plants remain on the CDD drainage easement.
The resident, Mark Cohen, was in attendance, and related his version of the event. He stated that he spoke with Field Manager Pepin’s wife, who suggested that the plantings were acceptable. He had concerns about the CDD’s contractor trimming one the trees on his private property, damaging an AC unit. Regarding the plants in the drainage swale, he confirmed that he did not call the CDD after receiving the letters. When he saw the green tape attached to the plants, he removed some of the tape and began to remove a few of the plants in the swale. He indicated that the contractor, JVM, removed plants from the area around his patio on private property, and that he has video evidence of this. He did confirm that JVM offered to replace the plants they removed around the patio area.
Vice Chair Wessler stated that the CDD never gave instructions to the contractor to go onto or near the resident’s patio. District Manager Teague also reminded everyone that Engineer McCleary staked the property line to ensure that the plants to be removed were in the CDD’s easement.
The fact that Field Manager Pepin’s wife does not have authority over the CDD’s easement was discussed, only the Board can make that decision, and that the resident had ample opportunity to contact the CDD and remove the plantings, since the 4 letters offered over 6 months’ notice. The Board also asked about the video evidence that the resident mentioned, and although Field Manager Pepin has requested a copy, it has not been provided. The Board agreed that, as long as the plants are removed from the swale, they will not take further action.
SIXTH ORDER OF BUSINESS New Business
A. Berm Planting Proposals
JVM provided multiple proposals to replace the dead or damaged plants along the exterior berm and along the interior side of the eastern berm, for a total cost of $57,612.50. The Board decided to delay the consideration of these proposals for at least 2 months, so the irrigation system can first be optimized. They asked staff and No Limit to come up with ideas for the Bass Road area, so that the vegetation in this area has a better survival rate. They also asked No Limit to install soaker hoses for the Sylvester palm trees.
B. Fountain Repair Proposals
District Manager Teague stated that Fountain Kings submitted two proposals:
The first is for the fountain in Lake 8 that is down due to a bad motor, pump, cable and starter box. They sent over a repair proposal of $4,780.08 to replace all of these components. It was noted that this motor was last replaced in March, 2021. The Board approved this proposal.
On MOTION by Vice Chair Wessler, seconded by Supervisor Martel, with all in favor, the Board approved the replacement of the fountain motor, pump, cable and starter box on Lake 8, not to exceed $4,780.08.
The second proposal is for the replacement of 14 burnt out light bulbs, a bad light cable and 7 analog timers, at the cost of $7,305. The Board approved this proposal and asked that they keep all of the light colors the same.
On MOTION by Vice Chair Wessler, seconded by Supervisor Martel, with all in favor, the Board approved the replacement of 14 light bulbs, a bad light cable and 7 analog timers, with lights of the same color, not to exceed $7,305.
SEVENTH ORDER OF BUSINESS Field Manager
Field Manager Pepin’s report was in the packet, and the following was discussed:
A. Project Updates
i. Sod on Belleza Way
Field Manager Pepin reported that the sod installation will hopefully be completed by the end of the month.
ii. Sylvester Palms Behind the Monuments
As was previously discussed, the palms still appear stressed, so the Board asked No Limit to install soaker hoses.
On MOTION by Supervisor Martel, seconded by Vice Chair Wessler, with all in favor, the Board approved the installation of soaker hoses for the Sylvester palms, not to exceed $500.
EIGHTH ORDER OF BUSINESS District Manager
A. FEMA Reimbursement Update
District Manager Teague stated that they have received denial memos from FEMA, and that appeals are unlikely to overcome all of the objections. He stated that FEMA appears to be enforcing all its regulations more rigorously than they did after Hurricane Irma. Projected future cost to submit the appeals is approximately $3,000, and the Board did not have any interest in pursuing an appeal.
B. Fiscal Year 2025 Proposed Budget
i. Resolution 2024-04: Approving Proposed Budget and Setting Public Hearing
District Manager Teague reported that the Proposed Budget had no increase in assessments, and the fund balance is approximately $105,000. The Board approved the resolution.
On MOTION by Vice Chair Wessler, seconded by Supervisor Martel, with all in favor, the Board approved Resolution 2024-04, approving the Proposed Budget.
C. Line of Credit Update
Since the reserves will be reduced by the end of the fiscal year, District Manager Teague reported that a line of credit is an option for the District. He spoke with a banker who offered a line of credit for the District, if needed. If the credit is used, it will incur a charge of about $6,000. He stated that no action is necessary at this time.
D. House Bill 7013 – Goals, Objectives, and Measures Annual Reporting
District Manager Teague stated that there was new legislation passed, which will require the District to design a goals document that includes the methods in which goals are tracked and evaluated. It must be published on the District’s website annually by October 1st, and at the end of the Fiscal Year, a findings report must be published by December 1st. He stated that the Board must approve a goals document in the next few months, so that it can be posted on the District’s website. Staff is currently drafting suggestions.
E. Reminder of Ethics Training and Electronic Filing of Form 1
Information on the upcoming elections, with instructions for those seeking reelection, was included in the packet, as well as, information on the required ethics training. District Manager Teague asked the Board to please reach out to staff, if there are any follow-up questions.
NINTH ORDER OF BUSINESS Attorney
There was no report from Attorney Cohen.
TENTH ORDER OF BUSINESS Engineer
Engineer Schmitt provided an email update in the Additional Materials, and noted that he has been following the District’s projects and concerns during the meeting.
ELEVENTH ORDER OF BUSINESS Supervisor Requests/Comments
Supervisor Martel asked if the District is ready for hurricane season. It was agreed that the storm drains were cleaned after the last storm, so the District should be in good condition. She also mentioned that she hears a lot of cane toads at night, and asked Field Manager Pepin to move the traps again.
TWELFTH ORDER OF BUSINESS Audience Comments
Rudy Bailey commented about the eastern berm and the near flooding that occurred during the last storm. The Board clarified that this area has been re-graded, and this should help the area function more effectively.