EAST CHARLOTTE DRAINAGE DISTRICT

CHARLOTTE COUNTY REGULAR BOARD MEETING JANUARY 21, 2024
9:00 A.M.

Special District Services, Inc.
27499 Riverview Center Boulevard, #253 Bonita Springs, FL 33134
www.eastcharlottedd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA EAST CHARLOTTE
DRAINAGE DISTRICT
Charlotte Harbor Event Conference Center 75 Taylor Street
Punta Gorda, Florida 33950
REGULAR BOARD MEETING
January 21, 2025
9:00 A.M.
Call to Order
Pledge of Allegiance
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
November 12, 2024 Regular Board Meeting Minutes…	Page 2
Old Business
New Business
Manager’s Report
Financial Report…	Page 6
Field Report…	Page 10
Engineer’s Report
Consider Approval of Proposal to Modify Permit to Suspend Groundwater Sampling…	Page 12
Attorney’s Report
Administrative Matters
Board Members Comments
Adjourn

PUBLISHER’S AFFIDAVIT OF
PUBLICATION STATE OF FLORIDA COUNTY OF CHARLOTTE:

Before the undersigned authority personally appeared Amber Douglas, who on oath says that she is the Legal Advertising Representative of The Daily Sun, a newspaper published at Charlotte Harbor in Charlotte County, Florida; that the attached copy of advertisement, being a Legal Notice that was published in said newspaper in the issue(s)

09/30/24

as well as being posted online at www.yoursun.com and www.floridapublicnotices.com.
Affiant further says that the said newspaper is a newspa- per published at Charlotte Harbor, in said Charlotte County, Florida, and that the said newspaper has heretofore been continuously published in said Charlotte County, Florida, Sarasota County, Florida and DeSoto County, Florida, each day and has been entered as periodicals matter at the post office in Punta Gorda, in said Charlotte County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.

(Signature of Affiant)

Sworn and subscribed before me this 30th day of September, 2024

(Signature of Notary Public)

Personally known _X_ OR 	Produced Identification

EAST CHARLOTTE DRAINAGE DISTRICT
FISCAL YEAR 2024/2025 REGULAR MEETING SCHEDULE
NOTICE IS HEREBY GIVEN that
the Board of Supervisors (the “Board”) of the East Charlotte Drainage District (the “District”) will hold Regular Board Meetings (the “Meeting” or “Meetings”) in the Charlotte Harbor Event and Conference Center located at
75 Taylor Street, Punta Gorda, Florida 33950 at 9:00 a.m. on the following dates:
October 15, 2024
January 21, 2025
April 15, 2025
July 15, 2025
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 www.eastcharlottedd.org or by contacting the District Manager at (941) 786-3716 or by email at kmeneely@sdsinc.org and/ or toll free at 1-877-737-4922 prior to the date of the partic- ular meeting. The Meetings are open to the public and will be conducted in accordance with the provisions of Florida law for special districts. The Meetings may be continued to a date, time and place to be specified on the record at the 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 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 meetings, 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 accommodations or an inter- preter to participate at any of these meetings should contact the District Manager at (941) 786-3716 and/or toll free at 1-877-737-4922 at least seven

days prior to the date of the particular meeting.
Meetings may be cancelled from time to time without advertised notice.
EAST CHARLOTTE DRAINAGE DISTRICT
Publish: 09/30/24 119664 3939930

EAST CHARLOTTE DRAINAGE DISTRICT REGULAR BOARD MEETING NOVEMBER 12, 2024

CALL TO ORDER

The November 12, 2024, Regular Board Meeting of the East Charlotte Drainage District (the “District”) was called to order at 9:00 a.m. in the Charlotte Harbor Event Conference Center located at 75 Taylor Street, Punta Gorda, Florida 33950.

PLEDGE OF ALLEGIANCE

PROOF OF PUBLICATION

Proof of publication was presented that notice of the Regular Board Meeting had been published in the Fort Myers News-Press on November 1, 2024, as legally required.

ESTABLISH A QUORUM

It was determined that the attendance of the following Supervisors constituted a quorum and it was in order to proceed with the meeting:

Supervisor	Calvin Sill	Present	
Chairman	David Kemeny	Present	
Vice Chairman	Phillip Varner	Present	

Staff members in attendance were:

District Manager	Kathleen Meneely	Special District Services, Inc.	
General Counsel	Robert Diffenderfer	Lewis, Longman & Walker	
Field Consultant	James Shattles		

Also present was Nick Bixler of Lewis, Longman & Walker and District residents Todd Harris and Franz Leppla.

ADDITIONS OR DELETIONS TO THE 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
July 16, 2024, Public Hearing & Regular Board Meeting

Page 1 of 4

A motion was made by Mr. Kemeny, seconded by Mr. Varner and passed unanimously approving the minutes of the July 16, 2024, Public Hearing & Regular Board Meeting, as presented.

OLD BUSINESS

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

NEW BUSINESS
Consider Resolution No. 2024-04 – Adopting a Fiscal Year 2023/2024 Amended Budget

Resolution No. 2024-04 was presented, entitled:

RESOLUTION NO. 2024-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE EAST CHARLOTTE DRAINAGE DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2023/2024 BUDGET, PURSUANT TO CHAPTER 197, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

A motion was made by Mr. Varner, seconded by Mr. Sill and passed unanimously adopting Resolution No. 2024-04, as presented.
Consider Resolution No. 2024-05 – Adopting Goals and Objectives
Resolution No. 2024-05 was presented, entitled:

RESOLUTION 2024-05

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE EAST CHARLOTTE DRAINAGE DISTRICT ADOPTING GOALS, OBJECTIVES, AND PERFORMANCE MEASURES AND STANDARDS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

Ms. Meneely advised that this was a new State requirement and Mr. Diffenderfer added that it was typical of much legislation that there is no guidance on accountability measures but must be adopted.
A motion was made by Mr. Varner, seconded by Mr. Kemeny and passed unanimously adopting Resolution No. 2024-05, as presented.

MANAGER’S REPORT
a. Financial Report

Ms. Meneely went over the financials. The Board Members had no questions.

FIELD REPORT

Mr. Shattles went over his report. There were no questions regarding his report.

Page 2 of 4

ENGINEER’S REPORT

There was no Engineer’s Report at this time.

ATTORNEY’S REPORT
Policy Regarding Use of Graham Road from Outside the District
Consider Request to Join District

Mr. Diffenderfer advised that there were two requests; one from Caldis and one from Traulsen, both requesting use of Graham Road. He stated they went back in the records over the history of who had the ability to use Graham Road and added that the District had not been charging a maintenance fee equivalent and what transpired was not captured in the minutes. He noted that there was no current agreement in place but in 2006 there was a $1,000 buy-in that was returned. Regarding the Traulsen request, Mr. Diffenderfer went over the process to extend District property, noting it was expensive and would cost at least $50,000 to put through the legislature. He added that the District could charge a reasonable fee but there was no law of what that amount would be and no clear policy. Mr. Kemeny stated that $50,000 was spent last year for upkeep of the road and mentioned that motorcross park use is supposed to be for emergency use only. Mr. Varner stated that there was a lot of traffic on weekends and Mr. Sill indicated that because of construction, people were using Graham Road as a detour. Mr. Kemeny stated that he told the operation three times to stop using the private road and Mr. Varner noted that there must be a liability for others using the road. Mr. Kemeny indicated that nothing needed to be decided today and expressed that as an agricultural area, it should be maintained as such. He opined that opening the door to others’ use would bring up a myriad of other issues that the road cannot sustain, adding that there was no one to manage the road access. There was general discussion on use of an access gate or electronic gate. Mr. Kemeny noted that he did not see a benefit to opening the road and it was not cheap to cover the costs of managing a gate, adding that $1,000 an acre would not cover the expense of the road these days. Mr. Sill stated that the Board needed to make a policy of what will be allowed and Mr. Kemeny agreed by stating that the only use should be for agriculture commodities. Mr. Diffenderfer indicated he would coordinate with the District engineer on ways to secure the road and will look through the zoning file at the County to see if emergency access had been granted anywhere. He further added that he would get with the mine on an easement and access and as to why they think they can use the road. Mr. Kemeny stated that the issue never came to the Board, and he felt it was sneaky that the entity was trying to circumvent the District. Upon further discussion, it was consensus of the Board that the attorney look at the zoning file and draft a policy on the use of the road to be brought back at a future meeting. The Board also asked the attorney to communicate to the requesters the requirements of joining the District including the legislative fees, management fees and costs which would all be borne by the applicant.
ADMINISTRATIVE MATTERS

Ms. Meneely advised that the next meeting was scheduled for January 21, 2025.

BOARD MEMBER COMMENTS

There were no further comments from the Board Members.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Varner, seconded by Mr. Kemeny and passed unanimously adjourning the Regular Board Meeting at 9:52 a.m.

Page 3 of 4

	
Secretary/Assistant Secretary	President/Vice President

Page 4 of 4

East Charlotte Drainage District

Financial Report For December 2024

EAST CHARLOTTE DRAINAGE DISTRICT MONTHLY FINANCIAL REPORT DECEMBER 2024

REVENUES	
Annual Budget
10/1/24 - 9/30/25	

Actual Dec-24	Year To Date Actual
10/1/24 - 12/31/24	
Assessment - Maintenance	225,470	23,405	24,076	
Assessment - Capital Unit 1	0	0	0	
Assessment - Capital Unit 2	0	0	0	
Assessment - Shell Roads Maintenance	6,011	415	415	
Miscellaneous Income	0	0	0	
Interest Income	720	0	0	
Total Revenues	$	232,201	$	23,820	$	24,491	
				
EXPENDITURES				
Management Fees	31,560	2,630	7,890	
Contractual Services	24,000	0	0	
Weed Control	27,432	0	0	
Mechanical Cleaning (Canals)	30,000	0	0	
Road Maintenance	24,241	1,187	14,577	
Control Structures	17,689	0	0	
Water Analyses	240	0	0	
Legal Fees	12,000	0	18,435	
Legal Advertising	850	0	120	
Engineering	8,500	0	3,258	
Audit Fees	9,400	0	0	
Postage & Delivery	350	12	13	
Assessment/Tax Roll	0	0	0	
Office Supplies	500	65	71	
Website & ADA Compliance	0	0	0	
Meeting and Membership Dues	1,200	0	175	
Miscellaneous	725	0	300	
Insurance	4,500	0	4,260	
Discharge Pump, Section 16	500	0	0	
Interest on Credit Line (LOC)	275	0	0	
Miscellaneous Maintenance	2,500	0	0	
General Maintenance/Reserve	21,850	0	0	
				
Total Expenditures	$	218,312	$	3,894	$	49,099	
				
Revenues Less Expenditures	$	13,889	$	19,926	$	(24,608)	
				
County Appraiser & Tax Collector Fee	(4,360)	(458)	(608)	
Discounts For Early Payments	(9,259)	(953)	(979)	
				
Excess/ (Shortfall)	$	270	$	18,515	$	(26,195)	
				
Carryover From Prior Year	0	0	0	
				
Net Excess/ (Shortfall)	$	270	$	18,515	$	(26,195)	

Bank Balance As Of 12/31/24	$	356,316.00	
Accounts Payable As Of 12/31/24	$	15,316.36	
Accounts Receivable As Of 12/31/24	$	-	
Available Funds As Of 12/31/24	$	340,999.64	

East Charlotte Drainage District
Budget vs. Actual
October through December 2024

Oct - Dec 24	24/25 Budget	$ Over Budget	% of Budget
			
Ordinary Income/Expense Income
01-3101 Assessments - Maintenance	24,075.74	225,470.00	-201,394.26	10.68%
01-3104 Assessments - Shell Roads Maint	415.45	6,011.00	-5,595.55	6.91%
01-3830 Assessment Fees	-607.74	-4,630.00	4,022.26	13.13%
01-3831 Assessment Discounts	-979.60	-9,259.00	8,279.40	10.58%
01-9410 Interest Income	0.00	720.00	-720.00	0.0%
Total Income	22,903.85	218,312.00	-195,408.15	10.49%
			
Gross Profit	22,903.85	218,312.00	-195,408.15	10.49%
Expense
01-1311 Management Fees	7,890.00	31,560.00	-23,670.00	25.0%
01-1480 Legal Advertisements	120.12	850.00	-729.88	14.13%
01-1513 Postage and Delivery	12.62	350.00	-337.38	3.61%
01-1600 Contractural Services	0.00	24,000.00	-24,000.00	0.0%
01-1620 Weed Control	0.00	27,432.00	-27,432.00	0.0%
01-1640 Road Maintenance	14,576.75	24,241.00	-9,664.25	60.13%
01-1650 Control Structures	0.00	17,689.00	-17,689.00	0.0%
01-1660 Water Analyses	0.00	240.00	-240.00	0.0%
01-1670 Legal Fees	18,435.09	12,000.00	6,435.09	153.63%
01-1680 Engineering	3,257.50	8,500.00	-5,242.50	38.32%
01-1690 Audit Fees	0.00	9,400.00	-9,400.00	0.0%
01-1700 Mechanical Cleaning	0.00	30,000.00	-30,000.00	0.0%
01-1720 Office Supplies	70.90	500.00	-429.10	14.18%
01-1725 Meetings & Membership Dues	175.00	1,200.00	-1,025.00	14.58%
01-1730 Miscellaneous	300.00	725.00	-425.00	41.38%
01-1740 Insurance	4,261.00	4,500.00	-239.00	94.69%
01-1797 Discharge Pump, Section 16	0.00	500.00	-500.00	0.0%
01-1815 Miscellaneous Maintenance	0.00	2,500.00	-2,500.00	0.0%
01-1816 Interest - Line of Credit	0.00	275.00	-275.00	0.0%
01-1817 Reserve	0.00	21,850.00	-21,850.00	0.0%
Total Expense	49,098.98	218,312.00	-169,213.02	22.49%
			
Net Ordinary Income	-26,195.13	0.00	-26,195.13	100.0%
Net Income	-26,195.13	0.00	-26,195.13	100.0%

EAST CHARLOTTE DRAINAGE DISTRICT TAX COLLECTIONS
2024-2025

#	

ID#	

PAYMENT FROM	

DATE	

FOR	

Tax Collect
Receipts	

Interest
Received	

Commissions
Paid	

Discount	

Net From Tax Collector	
Maintenance Asssessment Income (Before Discounts & Fees)	
Capital Unit 1 Asssessment Income (Before Discounts & Fees)	
Capital Unit 2 Asssessment Income (Before Discounts & Fees)	Shell Road Maintenance Asssessment Income (Before Discounts & Fees)	
Maintenance Asssessment Income (After Discounts & Fees)	
Capital Unit 1 Asssessment Income (After Discounts & Fees)	
Capital Unit 2 Asssessment Income (After Discounts & Fees)	Shell Road Maintenance Asssessment Income (After Discounts & Fees)	
				GROSS'					$231,481	$225,470	$0	$0	$6,011	$225,470	$0	$0	$6,011	
				NET"					$217,592	$211,942	$0	$0	$5,650	$211,942	$0	$0	$5,650	
	F	Charlotte County MSBU Dept	10/01/24	Fees			$	(137.50)		$	(137.50)					$	(137.50)				
2	1	Charlotte County Tax Collector	11/27/24	NAV Taxes	$	671.10		$	(12.88)	$	(26.85)	$	631.37	$	671.10				$	631.37				
	2	Charlotte County Tax Collector	12/05/24	NAV Taxes	$	1,342.20		$	(25.78)	$	(53.69)	$	1,262.73	$	1,342.20				$	1,262.73				
4	3	Charlotte County Tax Collector	12/12/24	NAV Taxes	$	3,793.02		$	(72.82)	$	(151.70)	$	3,568.50	$	3,774.95			$	18.07	$	3,551.50			$	17.00	
	4	Charlotte County Tax Collector	12/19/24	NAV Taxes	$  18,684.87		$	(358.76)	$	(747.36)	$  17,578.75	$  18,287.49			$	397.38	$  17,204.90			$	373.85	
6																		

																		
10																		
11																		
12																		
13																		
14																		
15																		
16																		
17									$									
18									$									
19									$									
20									$									
					$  24,491.19	$	(607.74)	$	(979.60)	$  22,903.85	$  24,075.74	$		415.45	$  22,513.00	$		390.85	

Assessment Roll = $231,480.88	Collections 10.58%

* Note: $231,481, $225,470, $0, $0 and $6,011 are 2024/2025 Budgeted
assessments before discounts and fees.
** $217,592, $211,942, $0, $0 and $5,650 are 2024/2025 Budgeted
assessments after discounts and fees.

$  24,491.19		
$	$	22,903.85	
$ (24,075.74)	$  (22,513.00)	
$	$	
$	$	
$	(415.45)	$	(390.85)	
$		$	
$	(0.00)	
$	(0.00)	

Page 9

EAST CHARLOTTE DRAINAGE DISTRICT OUARTERLY FIELD REPORT

l)	MAJOR PURCHASES I EXPENDITURES

OFFICE TO FILL OU

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EAST CHARLOTTE DRAINAGE DISTRICT QUARTERLY FIELD REPORT

FOR THE MONTHS OF	

PROJECTS COMPLETED AND WELLS
jEAl) °lc,t.s wAT/;f	/lJi'TL&t'<lcJ  /lll2#/f,

PROJECTS PENDING

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East charlotte drainage district

To:

Kathleen D. Meneely
East Charlotte Drainage District 2501A Burns Rd
Palm Beach Gardens, FL 33410

From:

Peter A. Brown, P.E. RESPEC
6561 Palmer Park Circle, Suite D Sarasota, FL 34238

Date:

January 13, 2025

Subject:

Modification of Special Conditions – WUP No. 20002689.020 Dear Ms. Meneely,
RESPEC Company, LLC (RESPEC) proposes to submit a modification of Southwest Florida Water Management District (SWFWMD) Water Use Permit (WUP) No. 20002689.020 to suspend periodic groundwater sampling as required by Special Condition No. 26. This condition states that existing District ID Nos 2, 13, 14, 15, and 96 are to be sampled for specific conductance in January, May, and September.

District staff has previously indicated that this condition can be removed if historic sampling data does not reflect any increasing trends of specific conductance. A review of recorded data performed by RESPEC appears to show stable groundwater quality conditions. Therefore, RESPEC will prepare and submit a Letter Modification to SWFWMD on behalf of the ECDD for a fee of $1,500. A public notice will also be prepared and filed by RESPEC as required by SWFWMD.

If you have any questions or require any additional information, please contact our office at (941) 667-5413.

Sincerely,
Peter A. Brown, P.E

6561 Palmer Park Circle Suite D
Sarasota, FL 34238
914.552.5657

Water Resource Engineer RESPEC

respec.com