A. Draft Meeting Minutes for August 10, 2021

A. Lake L-6: Transfer to Private Control Legal Opinion

• Attorney Urbancic stated that we cannot convert public or CDD property to private property without substituting comparable property. Because Lake 6 is part of the stormwater system, and bond funds were possibly used to pay for developing it, we should be careful in transferring it, but we should be able to transfer it.
• In response to Supervisor Breisch’s question regarding if Lake-6 was owned by the CDD, District Manager Teague stated that the CDD does own it, and it is reflected in the Property Appraiser tax records.
• Supervisor Breisch also stated that there was a high probability of transfer from an engineering and legal standpoint.
• District Manager Teague asked about an easement and cost sharing with the HOA. Attorney Urbancic stated that they are still converting the use of it, unless the CDD will retain and operate it.
• Supervisor Breisch asked what is comparable value, is it based upon square footage of the surface or real estate value? Attorney Urbancic responded that it could be both or either. Supervisor Breisch asked if the city has any say. Attorney Urbancic stated that the State determines if we can modify the permit. Any legal stipulations will have to be addressed by the HOA and the CDD.
• Engineer Marshall stated that the cost/value is determined by South Florida Water Management District (SFWMD) and permitting could be $8-10,000 or more if other issues need to be addressed. Other unseen issues could possibly incur another $5,000 in expenses. A SFWMD permit is good for 6 years, and the city permit is good for 6 months. Both are needed, so you need to wait to apply until you have decided what to do.
• Attorney Urbancic stated that the Board should address the HOA first as to intent or use. There should be no question as to the intent of private use of public funds.
• Vice Chair Switzer asked Attorney Urbancic if he has ever transferred public land to private, and he stated that he had.

• Engineer Marshall stated that the NPDES annual report is due at the end of October, and there will not be an audit required next year.
• District Manager Teague reminded the Board that there will be Engineering expenses for compliance and for creating a report for system maintenance monitoring to comply with the requirements of HB 53, which is due by October of 2022.

A. Lodge Valley Gutter Replacement Discussion

i. New Proposal for 4′ Wide Gutter

• County Concrete provided an estimate for a 5′ wide gutter in front of the lodge for $16,350. CSG had previously presented a proposal for a 4′ wide gutter for $6,974. County Concrete’s proposal was more expensive because it would replace the asphalt and they believed that 5′ was the best to get the desired effect. The Board and the HOA President agreed that a 5′ wide gutter pan was best and CSG will present this to their contractor and request the proposal for the 5′ gutter pan and repair of the asphalt.
• Engineer Marshall stated that a trench drain is more expensive and has a maintenance cost for cleaning it periodically. He also stated that the longevity may not be as good.
• Engineer Marshall stated that a grate won’t make the noise that a plate will.
• In response to Supervisor’s Breisch question, Engineer Marshall recommends using concrete over asphalt, because water flow strips out the aggregate.

Motion failed.

The Meeting moved to the Field Manager report at 9:13 because of Field Manager Pepin’s time constraints.

B. 11158 Wine Palm Drainage Discharge Over Sidewalk

• Field Manager Pepin reported that no modifications have been made as of 9/24/2021. The HOA continually pressure washes it to reduce the algae and slime from building up on the concrete, and it is still roped off with cones and tape.
• Chair Whitten stated that the flow from the bubbler is steady, and he confirmed that it is a closed system, so there is no golf course ground water runoff.
• Attorney Urbancic stated that the CDD has no authority to demand that the homeowner cap it, nor to complete it and then send him the bill. A demand can be made, but there is no enforcement authority.
• After discussion, the Board desires to have it completed and to put the issue to rest. Chair Whitten believed that the homeowner would reimburse the CDD for the extension of the pipe, but that hasn’t been confirmed.
• The Board agreed to have Conidaris do a temporary fix, because there has been no response from the homeowner, and then send the homeowner the bill. Attorney Urbancic will send a letter to the homeowner stating that in the interest of public safety, the District will have the drain extended.

A. Penzance Gate Turnaround Surface Damage

• Garbage trucks and other service vehicles are using this area to turn around, and it is tearing up the recent repairs.
• The Board will ask Engineer Marshall and Field Manager Pepin to examine it and determine what can be done, including the possible use of concrete in the area.

B. Pressure Washing Contract 2019 through 2021 Discussion

Last year the Board inquired about having another pressure washing company conduct this year’s roadway pressure washing. There is currently a 3 year contract with Premier Pressure Washing, which ends this year, and the Board is not happy with the work they have done. The Board needs to decide if they want to cancel the contract or proceed with it.

C. Lake L-7 Bulkhead Repair Discussion

Field Manager Pepin reached out to Artistic Structures asking them to look at the bulkhead concerns and to give us the cost to repair it. He is still waiting to hear back from them.

A. Field Report for August

• Field Manager Pepin stated that there is more trash in general in the lakes.
• He also stated that various lakes have compressor issues.
• He reported that no adult apple snails have been found this year, and the Field Manager has killed any egg pods he finds.
• The L-7 bulkhead is in need of repair, and Field Manager Pepin will have an estimate for the repair at the next meeting. In response to Vice Chair Switzer’s question, the Bulkheads are pressure washed periodically, but not stained. Field Manager Pepin has done a full inspection and has classified repair needs in order of priority.
• Various lakes needed sod replacement at wash outs he identified, and the sod has been replaced.

B. Follow-up Items

i. Various Fences Repair Updates

• Field Manager Pepin stated that the project is delayed until water levels along the fences go back down for the winter. When the water recedes, the repairs and replacement will be done on the fences previously approved.
• Regarding the new fence for Casa Del Lago, the property lines have been established and can be installed on CDD property. Chair Whitten stated that Casa Del Lago residents request that the fence be put 6′ into Heritage Palms property. They do not want anyone working on their property, so the fence material will need to be transported through the preserve/ drainage swale during the dry months to complete the project.

ii. Mosquito Fish Seeding

• Last month Lee County Mosquito Control released 25 mosquito fish into Lakes 3, 4, 6, 7, 14, and 29. These lakes were selected on the recommendation of Lake and Wetland Management.