BLUE LAKE COMMUNITY DEVELOPMENT
DISTRICT

LEE COUNTY Regular Board Meeting
APRIL 22, 2025
3:00 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
WildBlue Social Building 18721 WildBlue Boulevard Fort Myers, Florida 33913
REGULAR BOARD MEETING
April 22, 2025
3:00 P.M.
Call- In: (800) 743-4099 Passcode: 7423990 (for residents)

Call to Order
Proof of Publication…	Page 1
Establish Quorum
Additions or Deletions to Agenda
Approval of Minutes
April 8, 2025 Regular Board Meeting…	Page 2
Old Business
Update on Negotiations with Developer
Update on Lake Bank Repair Project
New Business
Discussion Regarding Estimates to Build Revetment
Engineering Estimate on Amount of Rock Needed for Both Phase 1 and Phase 2 Repairs
Engineering Rough Order of Magnitude Estimate on Costs to Install Rock for both Phase 1 & 2
Estimate on Wall Demo and Removal
Estimate of Total Costs to Repair the Wall
Discussion on Preliminary Schedule for Phase 1 — Designs, Permitting and Start of Bidding
Administrative Matters
Manager’s Report
Next Meeting – May 13, 2025
Engineer’s Report
Update on Repairs for 14462 Blue Bay Circle – DiNitto Property
Attorney’s Report
Update on Removal of CDD from Deed at County for Lake
Comments from the Public for Items Not on the Agenda
Board Member Comments
Adjourn

•LocaliQ
Florida
GANNETT
AFFIDAVIT OF PUBLICATION

PO Box 631244 Cincinnati, OH 45263-1244

BLUE LAKE COMMUNITY DEVELOPMENT DISTRICT

Laura Archer
Blue Lake Comm. Development 250 I Burns RD # A

--PalmBeach Gardens FL 33410-SW-7

STATE OF WISCONSIN, COUNTY OF BROWN

Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Naples Daily News, a newspaper published in Collier County, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Govt Public Notices, was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues of, on:

03/31/2025

Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter SO, Florida Statutes.
Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 03/31/2025

My commission expires

Publication Cost:	$245.04	
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Payment Cost:	$245.04	
Order No:	11163510	
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PO#:	april board meeting	

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THIS IS NOT AN INVOICE!
Please do not use this form for payment remillance.

NOTICE OF APRIL 2025 REGU- LAR BOARD MEETINGS
NOTICE IS HEREBY GIVEN that
the Board of Supervisors of the Blue Lake Community Development District will hold two (2) Regular
Boa d-Meetings-in-the-WildBlue,	
Social Building located at 18721 WildBlue Boulevard, Fort Myers, Florida 33913 at 3:00 p,m. on April 8, 2025, and April 22, 2025.
The purpose of the meetings is to address any business to properly come before the Board. The meet­ ings are open to the public and will be conducted in accordance with the provisions of Florida law. A copy of the agendas for these meeting may be obtained from the District's website or by contacting the District Manager at 239-444-5790 and/or toll free at l-877-737-4922 prior to the date of the meetings.
From time to time one or two Super­ visors may participate by tele­ phone; therefore, a speaker tele­ phone will be present at the meeting location so that Supervisors may be fully informed of the discussions taking place. Said meetings may be continued as found necessary to a time and place specified on the record.
If any person decides to appeal any decision made with respect to any matter considered at these meet­ ings, such person will need a record of the proceedings and such person may need to ensure 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 Disabilities Act, any person requiring special accom­ modations or an interpreter to participate at these meetings should contact the District Manager at 239- 444-5790 and/or toll free at l-877-737- 4922 at least seven (7) days prior to the dates of the meetings,
Meetings may be cancelled from
time to time without advertised notice.
BLUE LAKE COMMUNITY DEVELOPMENT DISTRICT
www.bluelakecdd.org
No.l l l 6351O	March 31, 2025

NANCY HEYRMAN
Notary Public State of Wisconsin

Page 1 of 1

BLUE LAKE COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
APRIL 8, 2025

CALL TO ORDER

The April 8, 2025, Regular Board Meeting of the Blue Lake Community Development District (the “District”) was called to order at 3:02 p.m. in the WildBlue Social Building located at 18721 WildBlue Boulevard, 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 March 31, 2025, as legally required.

ESTABLISH A QUORUM

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

Chairman	Chris Hasty	Present	
Vice Chairman	Vacant		
Supervisor	Norbie Larsen	Present	
Supervisor	David Bello	Present	
Supervisor	Mark Rapponotti	Present	

Also 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	Frank Savage (via phone)	Barraco and Associates, Inc.	
District Engineer	Carl Barraco (via phone)	Barraco and Associates, Inc.	

Also present were the following: Paul Thell, Terry Vette, Jim Spaulding, Tom Cavanaugh, Brett Knickerbocker, Sean Clouse, Beth & Don Johnson, Bob & Nancy Szymkowski, Doug Henry, Tom Jusczak, Gregory Miholic, Wally & Barb Barholt, Linda Jones (HOA Pres), Greg Gosney, Franc Militello, Hank Milius and others via phone.

ADDITIONS OR DELETIONS TO AGENDA
There were no additions or deletions to the agenda.
APPROVAL OF MINUTES
March 11, 2025, Regular Board Meeting
The minutes of the March 11, 2025, Regular Board Meeting were presented for consideration.

A motion was made by Mr. Rapponotti, seconded by Mr. Bello and passed unanimously approving the minutes of the March 11, 2025, Regular Board Meeting, as presented.

Page 1 of 5

OLD BUSINESS
Update on Negotiations with Developer

Mr. Haber advised that two emails had been sent to the Supervisors from litigation counsel, noting that there was a willingness to mediate. Mr. Bello stated that his understanding was different, and that the mediation was contingent on subs being present and that Wild Blue and Blue Lake would be linked into one mediation. Mr. Rapponotti stated that he had spoken with litigation counsel yesterday and his understanding was that the developer had backtracked the original number and, in his opinion, was looking at a higher amount, which was positive. There was general discussion regarding filing a lawsuit if there were contingencies or no set date for mediation. Mr. Rapponotti stated he would not support a lawsuit if mediation were on the table as it creates bad blood and is extremely costly. He continued that it made sense to have co-defendants in the room for mediation and that the developer could be asked to execute a tolling agreement if timing was an issue. Mr. Bello stated that litigation counsel had looked at the facts and recommended filing as they were aware of all the facts, including a bad design. Mr. Hasty opined that Wild Blue was a different animal as their lawsuit maintained their rights since they were named in another lawsuit, whereby the Blue Lake filing was just for strategy. He continued that he had spoken to the developer and felt that filing would remove their need to go to mediation. Mr. Larsen asked what happened if all parties did not participate. Mr. Hasty responded that the developer relied on experts and they may want them at the mediation table, adding that he never got the message that if someone did not show up mediation would not be held as that seemed irrational. He suggested having Mr. Haber call litigation counsel to confirm the facts. Mr. Bello stated that litigation counsel said that every day there was a delay, the District was losing ground. Mr. Hasty stated that waiting 2-4 weeks does not slow the District down but rather strengthens the District’s case. Mr. Bello disagreed stating that litigation counsel had given their advice and they have more experience. Mr. Hasty stated that the entire Board needed to decide on what they felt was the right path. Mr. Larsen stated that he was okay with getting confirmation but at what point is the deadline date; he feels that the developer was in charge of his own subs and that should not be a contingency for mediation. He continued that the attorney should speak with litigation counsel and find out what the true situation was and that he can give them a little time to schedule the mediation. Discussions continued back and forth with resident participation regarding the right course of action. Mr. Larsen stated that he was willing to give the developer until the next meeting for a firm commitment on mediation and if it is not provided, then he would support moving forward with litigation. Mr. Hasty noted that Ms. Meneely was preparing the budget for the May meeting and asked if a line item for $2 Million for litigation should be added. Discussion ensued on the cost and timing with Mr. Hasty noting that it may take 60-90 days to schedule a mediation date on the books due to the chosen mediator’s schedule. Mr. Knickerbocker suggested that the District not negotiate for a dollar amount but rather to have the developer fix and deliver a wall that is at an acceptable level. Mr. Gosney agreed and stated that the wall still belonged to the developer and the District should insist it be repaired and then it will be accepted. After further discussion, it was the consensus of the Board directing Mr. Haber to get, in writing, by the next meeting, a commitment from Lennar to mediate without conditions.

Update on Financing from Seacoast Bank
Consider Resolution No. 2025-01 – Loan Approval
Resolution No. 2025-01 was presented, entitled:
RESOLUTION NO. 2025-01

Page 2 of 5

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BLUE LAKE COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING THE ISSUANCE OF ITS TAXABLE NON-REVOLVING LINE OF CREDIT NOTE, SERIES 2025, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,500,000 TO PROVIDE FUNDS, TOGETHER WITH OTHER  FUNDS  OF  THE  DISTRICT,  TO FINANCE THE COST OF A RETAINING WALL REPAIR PROJECT WITHIN THE DISTRICT AND RELATED COSTS; PROVIDING THAT SUCH NOTE SHALL BE PAYABLE FROM OPERATION AND MAINTENANCE SPECIAL ASSESSMENTS AND   DEBT ASSESSMENTS  UPON  BENEFITTED  PROPERTIES IN THE DISTRICT AS PROVIDED HEREIN; AWARDING THE NOTE TO SEACOAST NATIONAL BANK BY NEGOTIATED SALE; AUTHORIZING THE DISTRICT TO ENTER INTO A LINE OF CREDIT AGREEMENT WITH SEACOAST NATIONAL BANK; PROVIDING FOR THE RIGHTS, SECURITY AND REMEDIES FOR THE OWNER OF SUCH NOTE; PROVIDING FOR THE CREATION OF CERTAIN FUNDS; MAKING CERTAIN COVENANTS AND AGREEMENTS 1N CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
Mr. Hasty went over the background noting that the resolution approves the line of credit with Seacoast Bank for $2.5 Million with the up fronting of costs for designs from Cummins Cederberg before releasing the remainder with levied debt assessments. He further noted that there was no penalty for paying off the debt up front. Mr. Hasty stated that going through the bond process may result in better terms for construction costs. He further went over how annual assessments work and could be brought down if future funding is received.

A motion was made by Mr. Bello, seconded by Mr. Hasty and passed unanimously adopting Resolution No.2 025-01, as presented.

Update on Lake Bank Repair Project (combined with Item G-1)

Mr. Savage advised that Cummins Cederberg would proceed with the repair design, noting that the survey work was done in January. He reminded the Board that the scope for their design was for Phase 1 only of the damaged areas with a rock revetment. There was general discussion about getting a cost estimate for repairs and Mr. Barraco stated he was not receiving any responses from contractors. He explained that the source, size rock and shipping costs impact the price, with the quarries only selling directly to contractors. With such a tight market and no giant pit, there is no historical data with which to obtain an estimate that could be considered applicable. Mr. Knickerbocker suggested that Lennar may have historical records.

Mr. Hasty nominated Mr. Larsen to help find a source and possible cost information since he is in that field. The nomination was seconded by Mr. Rapponotti and passed unanimously.

Reconsideration of Repairs for 14462 Blue Bay Circle – Di Nitto Property

Ms. Meneely reminded the Board that they had previously approved a not-to-exceed amount of $5,000 for the repair but the proposal came in at $10,925. Mr. Bello asked about just filling with dirt and sod and Mr. Larsen responded that without the additional stabilization it would all just erode into the lake.

Page 3 of 5

Mr. Hasty stated that with the upcoming budget, the Board will be looking at debt assessments and should bite the bullet and keep moving forward on this repair.

A motion was made by Mr. Bello, seconded by Mr. Rapponotti and passed unanimously directing staff to move forward with the repairs.

NEW BUSINESS
Discussion Regarding Baracco Estimates to Build Revetment

This item was previously discussed.

ADMINISTRATIVE MATTERS
Manager’s Report

Ms. Meneely went over the financials. There were no questions from the Board Members.

Ms. Meneely advised that the next meetings were scheduled for April 22, 2025, and May 13, 2025.

Engineer’s Report

The District Engineer had nothing further.
Attorney’s Report
Mr. Haber had nothing further to report.
COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

There were no comments from the public for items not on the agenda.

BOARD MEMBER COMMENTS
Discussion Regarding Requirements to Remove CDD from Deed at County for Lake and Other Properties - Bello

Mr. Haber gave the background on this matter noting he had communicated to the developer’s attorney that the deed was not accepted and he received no response. He added that he was checking with the real estate attorneys in his firm regarding what document would need to be filed to correct the record. He stated that the other option was to see if Lennar was willing to record a document to update the record. It was the consensus of the Board authorizing the Chairman to execute any document in order to get the record cleared that the Board did not accept the deed.

Mr. Rapponotti apologized to Mr. Larsen as he felt he used a poor choice of words when they were in discussions regarding the lake bank repairs.

Consider Board Vacancy Candidates

Ms. Meneely indicated that she had receive several resumes from Doug Henry, Sean Clouse, Terry Vette and Scott Morrison, which were included in the agenda packet. Henry, Clouse and Vette were present and each went over their backgrounds, desire to be on the District Board, their residency status and the

number of Board meetings they had attended. Mr. Hasty admired the varied backgrounds as did Mr. Rapponotti who thanked all the applicants and nominated Terry Vette for the position. The nomination was seconded by Mr. Larsen and passed unanimously.

Ms. Meneely administered the oath of office to Mr. Vette and briefly went over the responsibilities and laws regarding the position. She further noted that she would pass along Mr. Vette’s information to Mr. Haber, who had to sign off from the meeting. Mr. Haber will bring Mr. Vette up to speed on the Board’s activities.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Vette, seconded by Mr. Rapponotti and passed unanimously adjourning the Regular Board Meeting at 5:30 p.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair