BLUE LAKE COMMUNITY DEVELOPMENT
DISTRICT

LEE COUNTY Regular Board Meeting
MARCH 14, 2023
1:00 P.M.

Special District Services, Inc.
The Oaks Center 2501A Burns Road
Palm Beach Gardens, FL 33410

www.bluelakecdd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA BLUE LAKE
COMMUNITY DEVELOPMENT DISTRICT
Conference Room of the Offices of Lennar 10461 Ben C. Pratt, Six Mile Cypress Parkway Fort Myers, Florida 33966
REGULAR BOARD MEETING
March 14, 2023
1:00 P.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
February 14, 2023 Regular Board Meeting…	Page 2
Old Business
New Business
Presentation on Wilson Retaining Wall Report…	Page 5
Discussion on Future Steps and Funding of Repairs
Consider Approval of Proposal for a Flow-Way Exotic/Nuisance Analysis…	Page 6
Administrative Matters
Manager’s Report
Engineer’s Report
Board Members Comments
Adjourn

Published Daily Naples, FL 34110

NANCY HEYRMAN
Notary Public State of Wisconsin

BLUE LAKE COMM. DEVE LOPMENT 2501 BURNS RD# A

PALM BEACH GARDENS, FL 33410-5207

Affidavit of Publication
STATE OF WISCONSIN COUNTY OF BROWN

Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said
Collier County, Florida; distributed in Collier and Lee
counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper issue(s) dated or by publication on the newspaper's website, if authorized, on

---------,---	----

lssue(s) dated: 09/30/2022

Subscribed and sworn to before on September 30, 2022:

My commission expires

Publication Cost: $406.00
Ad No: 0005421705
Customer No: 1501703 PO#: FY 22/23
# of Affidavits 1
This is not an invoice

BLUE LAKE COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023 REGULAR MEETING SCHEDULE
NOTICE IS HEREBY GIVEN that the Board of Supervisors of the Blue Lake Community Development District will hold Regular Board Meetings in the Conference Room of the offices of Lennar located at 10461 Ben C. Pratt, Six Mile Cypress Parkway, Fort Myers, Florida 33966 at 1:00 p.m. on the following dates:
October 11, 2022
November 8, 2022
December 13, 2022
January 10, 2023
February 14, 2023
March 14, 2023
April 11, 2023
May 9, 2023
June 13, 2023
July 11, 2023
August 8, 2023
September 12, 2023
The purpose of the meetings is to conduct any business coming before the Board. Meetings are open to the public and will be conducted in accordance with the provisions of Florida law. Copies of the Agendas for any of the meetings may be obtained from the District's website or by contacting the District Manager at 239-444-5790 and/or toll free at 1-877-737-4922 prior to the date of the particular meeting.
From time to time one or two Supervisors may participate by telephone; therefore, a speaker telephone will be present at the meeting location so that Supervisors may be fully informed of the discussions taking place. Said meeting(s) may be contin­ ued as found necessary to a time and place specified on the re­ cord.

If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to insure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based.

In accordance with the provisions of the Americans with Disabil­ ities Act, any person requiring special accommodations or an in­ terpreter to participate at any of these meetings should contact the District Manager at 239-444-5790 and/or toll free at 1-877- 737-4922 at least seven (7) days prior to the date of the paiticu­ lar meeting.

Meetings may be cancelled from time to time without adver­ tised notice.
BLUE LAKE COMMUNITY DEVELOPMENT DISTRICT
www.bluelakecdd.org
Pub Date: Sept. 30, 2022	No. 5421705

BLUE LAKE COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
FEBRUARY 14, 2023

CALL TO ORDER

The February 14, 2023, Regular Board Meeting of the Blue Lake Community Development District (the “District”) was called to order at 1:07 p.m. in the Conference Room of the Offices of Lennar located at 10461 Ben C. Pratt, Six Mile Cypress Parkway, Fort Myers, Florida 33966.

PROOF OF PUBLICATION

Proof of publication was presented which showed that notice of the Regular Board Meeting had been published in the Naples Daily News on September 30, 2022, as part of the District’s Fiscal Year 2022/2023 Meeting Schedule, as legally required.

ADMINISTER	OATH	OF	OFFICE	AND	REVIEW	BOARD	MEMBER RESPONSIBILITIES & DUTIES

Ms. Meneely administered the oath of office to Walter Fluegel and Mr. Haber went over the Sunshine Law and Public Records Law and the responsibilities of Board Members.

ESTABLISH A QUORUM

It was determined that the attendance of the following Board Members constituted a quorum:

Chairman	Christ Hasty who arrived at 1:18 p.m.	Present	
Vice Chairman	Scott Edwards	Present	
Supervisor	Tommy Dean	Present	
Supervisor	Walter Fluegel	Present	
Supervisor	Barry Ernst	Present	

Also virtually present were the following Staff Members:

District Manager	Kathleen Meneely	Special District Services, Inc.	
District Counsel	Wes Haber (via phone)	Kutak Rock LLP	
District Engineer	Carl Barraco	Barraco and Associates, Inc.	

Also present were Patricia and John Reis via phone.

ADDITIONS OR DELETIONS TO 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
December 13, 2022, Regular Board Meeting

The minutes of the December 13, 2022, Regular Board Meeting were presented for consideration.

A motion was made by Mr. Edwards, seconded by Mr. Fluegel and passed unanimously approving the minutes of the December 13, 2022, Regular Board Meeting, as presented.

OLD BUSINESS

There were no Old Business items to come before the Board.

NEW BUSINESS
Update on Wilson Retaining Wall Report

Mr. Barraco stated that Hans Wilson had been on-site and was preparing the report. He added that both his engineering office and the developer had provided the requested plans. Mr. Haber noted that the report should be ready by the next meeting and the Board will then need to discuss the steps they want to take to make the necessary repairs.

Mr. Barraco advised that they were also working with the adjacent community, Wild Blue CDD, and that orange fencing had been put up in the areas where there were significant drop offs. He asked the Board if they would like the same fencing put up in the District, where needed, and it was the consensus of the Board to proceed with such fencing where needed.

John Reis asked if the original designer of the seawall had been contacted to review the wall and Ms. Meneely stated that a neutral third party, Hans Wilson Engineering, had been hired to do the study, which is the one being discussed.

Chris Hasty arrived at 1:18 p.m.

ADMINISTRATIVE MATTERS
Manager’s Report

Ms. Meneely went over the upcoming meeting schedule of March 14, 2023, and April 11, 2023. She asked for a discussion on the best months for presenting the budget and final budget. There was a consensus of the Board to present the budgets at the April or May meeting and to avoid June due to schedule conflicts.

Engineer’s Report

Mr. Barraco stated that an old church on Alico Road had sold to developers where they are planning to build a gas station with up to 16 pumps. It was the consensus of the Board for the engineer to look at the permit for ground water concerns.

BOARD MEMBER COMMENTS

There were no Board Member comments.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Edwards, seconded by Mr. Dean and passed unanimously adjourning the meeting at 1:22 p.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair

DRAFT REPORT TO BE DISTRIBUTED
UNDER SEPARATE COVER

PAI Use Only: Project No.	17CAG2694

PROFESSIONAL SERVICES AGREEMENT

THIS IS AN AGREEMENT made as of 	, 2023, between Blue Lake Community Development District (“CLIENT”) and Passarella & Associates, Inc. (“CONSULTANT”).

This Agreement is for Vista Blue (“Project”) located in Sections 8, 17, and 20; Township 46 South; Range 26 East; Lee County, Florida.

CLIENT and CONSULTANT in consideration of their mutual covenants herein agree in respect of the performance or furnishing of professional ecological services (“Services”) by CONSULTANT with respect to the Project and the payment for those services by CLIENT as set forth below.

CLIENT and CONSULTANT each is hereby bound and the partners, successors, executors, administrators, assigns and legal representatives of CLIENT and CONSULTANT are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement.

SECTION 2 – SCOPE OF SERVICES

Execution of this Agreement by CONSULTANT and CLIENT constitutes CLIENT’S written authorization to CONSULTANT to proceed on the date first above written with the Services described in Exhibit A, (“Scope of Services”) and in the other exhibits listed below. This Agreement will become effective on the date first above written.

SECTION 3 – COMPENSATION

For services provided and performed by CONSULTANT for providing and performing the Task(s) set forth and enumerated in Exhibit A entitled “Scope of Services,” the CLIENT shall compensate the CONSULTANT as provided in Exhibit B.

For Reimbursable Expenses, in addition to payments provided for CONSULTANT and CONSULTANT’s Sub-Consultants, CLIENT shall pay CONSULTANT for reimbursable expenses incurred by CONSULTANT as set forth in Exhibit B.

Invoices for CONSULTANT’s services, Sub-Consultants, and Reimbursable Expenses will be prepared in accordance with CONSULTANT’s standard invoicing practices and will be submitted to CLIENT by CONSULTANT at least monthly. The amount billed for these services will be calculated on the basis set forth in Exhibit B. Invoices are due and payable on receipt.

If CLIENT fails to make any payment due to CONSULTANT for services and expenses within thirty days after receipt of CONSULTANT’s invoice, CONSULTANT may, after giving seven day’s written notice to CLIENT, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid.

If either the CLIENT or CONSULTANT terminates this Agreement, CONSULTANT will be paid for all services performed or furnished in accordance with this Agreement by CONSULTANT through the date of termination on the basis specified in Exhibit B including any costs reasonably incurred by CONSULTANT that are directly attributable to the termination. CONSULTANT will be paid for the

charges of CONSULTANT’s Sub-Consultants employed to perform or furnish services to the extent such services have been performed or furnished in accordance with this Agreement through the effective date of the termination. CONSULTANT also will be paid for all unpaid Reimbursable Expenses.

SECTION 4 – STANDARD OF PERFORMANCE

The standard of care for all professional consulting and related services furnished by CONSULTANT under this Agreement will be the care and skill ordinarily used by members of the CONSULTANT’s profession practicing under the same or similar circumstances at the same time and in the same locality. CONSULTANT makes no warrantees, expressed or implied, under this Agreement or otherwise, in conjunction with CONSULTANT’s services.

SECTION 5 – LIMITATION OF LIABILITY

CONSULTANT’s total liability to CLIENT for any loss or damage, including but not limited to special and consequential damages arising out of or in conjunction with the performance of services or any other cause, including CONSULTANT’s professional negligent acts, errors, or omissions, shall not exceed the CONSULTANT’s compensation, and CLIENT hereby releases and holds harmless CONSULTANT from any liability above such amount.

SECTION 6 – COUNTERPARTS

This Agreement may be executed in counterparts, each of which may be an original, but all of which together shall constitute one and the same agreement. Any counterpart may be delivered by facsimile transmission or by electronic communication in portable document format (.pdf) and the Parties agree that their electronically transmitted signatures shall have the same effect as manually transmitted signatures.

SECTION 7 – EXHIBITS

This Agreement is subject to the provisions of the following Exhibits (if checked) which are attached to and made a part of this Agreement:

Exhibit A.	!R “Scope of Services” Exhibit B.	!R “Compensation”
Exhibit C.	D “Consultant’s Hourly Rate Schedule” Exhibit D.	D “Reimbursables”

IN WITNESS WHEREOF, the parties warrant and represent that they are authorized to enter into this Agreement for Professional Services. CLIENT hereby authorizes the performance of the services in Exhibit A and agrees to pay the charges resulting therefrom as identified in Exhibit B. As CLIENT or CLIENT’s legal representative, I have read, understand, and agree to the business terms and conditions contained herein including the CONSULTANT’s Limited Liability printed on Page 1 of this Agreement.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

CLIENT:	CONSULTANT:
Blue Lake Community Development District	Passarella & Associates, Inc.

Signature			Signature	
By:		
Name Typed or Printed		By:	 Kenneth C. Passarella	 Name Typed or Printed	

Title:	Title:	President

Address for giving notices:	Address for giving notices:

Blue Lake Community Development District	Passarella & Associates, Inc.
27499 Riverview Center Boulevard, #253	13620 Metropolis Avenue, Suite 200 Bonita Springs, Florida 33134	 Fort Myers, Florida 33912
Phone:  (561) 630-4922	Phone:  (239) 274-0067
Fax:	(561) 630-4923	Fax:	(239) 274-0069

Attest: 	
Signature
(IF CORPORATION, AFFIX CORPORATE SEAL)

OR

State of 	 County of 	
The foregoing instrument was acknowledged before me this 	 day of 	, 20	, by
	 who is personally known to me or who has produced 	 as identification.

Notary Public
Name typed, printed or stamped	(Seal)

EXHIBIT A

Exhibit A consisting of one (1) page referred to and controlled by the terms and conditions contained in the Professional Services Agreement between CLIENT and CONSULTANT for professional services dated
	, 2023.

Services not set forth in this Exhibit A, or not listed or described herein, are expressly excluded from the Scope of the Professional Services of the CONSULTANT. The CONSULTANT assumes no responsibility to perform any services not specifically identified and/or otherwise described in this Exhibit A.
Initial: CLIENT 	
CONSULTANT 	
SCOPE OF SERVICES

Task	Description

1.0   Flow-Way Exotic/Nuisance Plant Analysis
Prepare supplemental report to analyze the exotic/nuisance plant coverage using existing annual preserve monitoring data within the flow-way for Project engineer’s submittal to Lee County staff.
Coordinate with Project engineer on flow-way certification regarding exotic/nuisance plant coverage.

The following assumption was used for the development of Consultant’s work scope and costs:

This work scope will be in accordance with the Project’s Hydrological Enhancement and Flow- Way Monitoring Plan dated September 2020 and prepared by Barraco and Associates, Inc.

Exhibit A	1 of 1

EXHIBIT B

Exhibit B consisting of one (1) page referred to and controlled by the terms and conditions contained in the Professional Services Agreement between CLIENT and CONSULTANT for professional services dated
	, 2023.

Initial: CLIENT 	
CONSULTANT 	
COMPENSATION

For services provided and performed by CONSULTANT for providing and performing the Task(s) set forth and enumerated in Exhibit A entitled “Scope of Services,” the CLIENT shall compensate the CONSULTANT as follows:

Task	Description	Fee Type	Amount	
1.0	Flow-Way Exotic/Nuisance Plant Analysis	LS	$2,500.00	
Total:	$2,500.00	

Fee Type Definition:

Lump Sum (LS): Includes all direct and indirect labor costs, personnel related costs, overhead and administrative costs, which may pertain to the services performed, provided and/or furnished by the CONSULTANT as may be required to complete the services in Exhibit A. The total amount of compensation to be paid the CONSULTANT shall not exceed the amount of the total Lump Sum compensation established and agreed to. The portion of the amount billed for CONSULTANT’s services which is on account of the Lump Sum will be based upon CONSULTANT’s estimate of the proportion of the total services actually completed at the time of billing.

Exhibit B	1 of 1