Amended Meeting Minutes for April 20, 2023
Moody River Estates
Community Development District
The Regular Meeting of The Board of Supervisors of the Moody River Estates Community Development District was held at the Clubhouse at Moody River Estates, 3050 Moody River Boulevard, North Fort Myers, Florida 33903, and also via web conference on Thursday, April 20, 2023 at 1p.m.
Present (or attending via web conference) and constituting a quorum were:
John Boland – Chair
Chris Jenner – Vice Chair
Shawn Meade – Assistant Secretary
William Krukowski – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Carl Barraco – Engineer, Barraco and Associates
Mike Eckert – Attorney, Kutak Rock, LLP
Chris Pepin – Field Manager, Community Field Services
Matt Lewis – Lake Doctors
Melissa Gindling – Project Specialist, PDM
The following is a summary of the discussion and actions taken at the Moody River Estates Community Development District (CDD) Board of Supervisors rescheduled meeting.
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order and all Board members were present, with Supervisor Geltner unable to attend due to foreseen circumstances. Also in attendance were Cal Teague, the District Manager, Carl Barraco, the Engineer, Matt Lewis from Lake Doctors, Melissa Gindling of PDM, and Several Residents. Participating via web conference were Mike Eckert, the Attorney, Chris Pepin, the Field Manager, and Some Residents.
SECOND ORDER OF BUSINESS Pledge of Allegiance
Chair Boland turned the meeting over to Supervisor Krukowski, and he also noted that the meeting will largely address lakes and fountains.
THIRD ORDER OF BUSINESS Approval of the Agenda
Add Dvi District Voter Count as of 4/15/2023
On MOTION by Supervisor Krukowski, seconded by Chair Boland, with all in favor, the Board approved the Agenda, as amended.
FOURTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
No Items were pulled for discussion.
i. Public Comment on Balance of Items
John Teckorius requested the voter count for the District, and District Manager Teague stated that the registered voter count is 1,145 as of 4/15/2023, and he stated that this will be added to the meeting minutes.
B. Motion to Approve Balance of Items
On MOTION by Supervisor Krukowski, seconded by Chair Boland, with all in favor, the Board approved the Consent Items.
C. Consideration of Items Pulled for Discussion
i. Public Comment Taken on Each Pulled Item as it is Considered
No Items were pulled.
D. Consent Items
i. Meeting Minutes from March 16, 2023
ii. Monthly Financial Summary for the Month of March 2023
iii. Report on Pond Watch
iv. March Maintenance Reports from AWC & Lake Doctors
v. FEMA Reimbursement Update
vi. District Voter Count as of 4/15/2023
District Manager Teague presented the registered voters of the District, which is required by statute to be in the meeting minutes. The District has 1,145 registered voters as of 4/15/2023.
FIFTH ORDER OF BUSINESS Business Items
A. Discussion with Lake Doctors Regarding Aerators and Fountains
Supervisor Krukowski introduced Matt Lewis from Lake Doctors, and stated that he will give a presentation on lakes, fountains, and aerators. Supervisor Krukowski also stated that he has attended pond watch meetings and conferred with Dr. Ernesto de la Vega and Mr. Lewis and discovered that most of the lakes in Moody River are under-aerated.
Matt Lewis distributed handouts on diffused aeration, and he stated, that during his 20 years of experience, there have been many studies on the necessity of aeration, and it is recommended that there be aeration in lakes and ponds. He stated that there cannot be too much aeration, because the oxygen saturation varies depending on the time of the year. He stated that it is better to run aerators consistently rather than on timers. From his inspection, he observed that some of the lakes in Moody River have enough aeration and some do not, and he gave examples of the amount of aeration, and the condition of compressors and diffusers in some Moody River lakes. There was discussion on the proposals submitted, which detail those needing attention, and the cost of those repairs and replacements. District Manager Teague stated that there is information in the Board’s packets giving pricing for aerator and compressor options.
Mr. Lewis did not recommend solar panels, because they would probably not push enough of the required air for the Moody River lakes. He also noted that they are very large and must be removed for protection during storm events. In addition, he stated that the aerators would not receive enough power on overcast days. For these reasons, he recommends using electricity.
He stated that there is a technology called Eutrosorb that it is used for phosphorus deactivation. Supervisor Krukowski stated that most of their ponds have a high level of phosphorus and nitrogen. Mr. Lewis stated that, from his experience, Eutrosorb is effective against phosphorous, and it’s effect could possibly last 15 to 20 years, but it is a new treatment, and there is no data to support this conclusion. Mr. Lewis stated that he could draft a quote for Eutrosorb with the information from the pond watch reports. District Manager Teague asked about the use of bio blockers and copper sulfate, and Mr. Lewis explained the advantages and disadvantages of those treatments.
District Manager Teague asked if he and Field Manager Pepin could put a proposal together for aerator repairs and replacement, and if they could also verify the water permits.
Supervisor Krukowski asked if he could develop a proposal for replacing some bulbs in a fountain on Lake 10.
John Teckorius commented that it is his understanding that the diffusers are calculated by the area of surface on the lakes, and Mr. Lewis explained how he does his calculations.
B. Action List Format/Review
An updated action list had been sent to the Board, which included Attorney Eckert’s and District Manager Teague’s feedback. The Board agreed that its format is acceptable, and some items on the list were clarified and suggestions given. This list will be updated for each meeting.
Supervisor Krukowski asked if there could be a calendar illustrating when vendors are onsite, and what they are addressing. District Manager Teague stated that Field Manager Pepin monitors the progress on each issue, documents it, and verifies that it has been completed before invoices are approved.
C. Moody River South and Central Berm/Swale Violations Discrepancies
i. Letters to Homeowners
Staff had prepared the letter, and it had been distributed to the Board. The Board approved the letter.
ii. Public Information Meeting
The Board decided to move the public information meeting from May 8th to May 16th at 6:30 p.m. at the Clubhouse. District Manager Teague stated that the letter to homeowners will be sent next week with the new date. Attorney Eckert stated that a notice should be published, stating that multiple Board members will be present, District business will be discussed, and no action will be taken. Staff will coordinate with Attorney Eckert to ensure that the notice is sent according to his recommendations.
D. Street Sweeping Proposal
Proposals had been submitted by Sweep Corporate America, and several options were presented. The first is $2,695 per sweep semiannually, and the second is $1,500 per sweep, if done every other month. After discussion, the Board approved the street sweeping proposal that indicated it will be completed every two months at $9,000 per year. Engineer Barraco recommended that the company provide the weight of the debris removed.
On MOTION by Chair Boland, seconded by Supervisor Meade, with three in favor, and Supervisor Krukowski opposed, the Board approved Sweep Corporate America to conduct sweet sweeping bi-monthly at $1,500 per sweep, not to exceed $9,000 per year.
SIXTH ORDER OF BUSINESS Supervisors’ Items
A. Proposed Stormwater Management Plan
The Board decided to table this item.
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with all in favor, the Board approved moving the item discussing the Proposed Stormwater Management Plan to the next meeting.
B. Proposed Policy Related to Restoration and Maintenance of CDD Assets
The Board decided to table this item.
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with all in favor, the Board approved that discussion of the item concerning the Restoration and Maintenance of CDD assets be moved to a future meeting.
C. Proposed Aerator Upgrade Replacement Program
Field Manager Pepin stated that there are currently 2 or more lakes that have non-working compressors, and some lakes that need new aerators. He stated that Lake Doctors is developing a proposal for lakes that need additional aerators, diffusers, and larger compressors. He also stated that the approximate cost for compressor replacement is $1,000 to $1,200, and the cost is more to upgrade the aeration in certain lakes. Also, Matt Lewis had submitted proposals for aerator upgrade to add adequate aeration at the cost of $5,000 to $10,000 per lake. Supervisor Krukowski proposed replacing the compressor on Lake 17, and adding aerators in Lake 2. The Board decided to have the compressor replaced on Lake 17. They also asked for a proposal for rebuilding the aerator system on Lake 2. They decided to wait on other aerator repair until they receive the report from Lake Doctors.
On MOTION by Supervisor Krukowski, seconded by Chair Boland, with all in favor, the Board approved replacing the compressor on Lake 17 with a 1/3 hp compressor as soon as possible, not to exceed $1,032.03.
SEVENTH ORDER OF BUSINESS District Engineer Items
A. South Florida Water Management District – Moody Canal
i. 13461 Seaside Harbour Drive
Engineer Barraco stated that he included in the packet a potential solution for the encroachment at this address, and that it was acceptable to the SFWMD. The Board agreed to approve this proposal and to draft an encroachment agreement, with the understanding that the District retains the right to demand removal of the encroachment at any time. It was also stated that this will not be setting a precedent, because it is a unique issue.
On MOTION by Supervisor Krukowski, seconded by Supervisor Meade, with all in favor, the Board approved that an encroachment agreement be prepared by District Counsel, with the stipulation that the homeowner at 13461 Seaside Harbour Drive complete the improvements as directed by the Engineer within 45 days, and with the understanding that the District retains the right to demand removal of the encroachment at any time that it sees fit, with the Chair authorized to sign.
B. Lake Bank Remediation
Engineer Barraco stated that the mowing of the lake banks has been completed, and he has concluded the inspections and is preparing the report.
EIGHTH ORDER OF BUSINESS District Manager Items
A. Update on Lee County Code Violations for Lakes 8 and 12
Engineer Barraco stated that the contractor has started the remediation on Lakes 8 and 12, and it should be complete according to his satisfaction within 2 to 3 weeks. Engineer Barraco stated that the lake banks need more compaction of the material to pass the inspection, and is requesting that the contractor follow his direction on the reparation. He stated that the deadline for the code enforcement agreement was yesterday, and the District could be fined, although no notice has been received. Field Manager Pepin submitted a proposal for planting the required trees along the lakes. Chris will ensure that the trees meet the requirements of the permit and are inexpensive.
Update: A fine was received and it is $50/per day until the issue is corrected, beginning April 19, 2023. District Manager Teague has communicated with the contractor, and they expect to have everything completed by the end of next week. This has also been communicated to Lee County.
On MOTION by Supervisor Krukowski, seconded by Chair Boland, with all in favor, the Board approved the planting of 11 trees total on Lakes 8 and 12, with the understanding that they satisfy the requirements of the permit and the requirements of Lee County, with the Chair authorized to sign, not to exceed $4,000.
B. FY 2024 Draft Budget
This was included in the packet, and District Manager Teague stated that it indicates no increase in assessments, and he also outlined the funds available for proposed projects. He stated that at the next meeting they will need to schedule a public hearing where assessments can be increased, if desired, and where a tentative Budget will be approved. A final Budget will be approved in August.
C. Budget Workshop Options
The Board decided to schedule a workshop on May 11th from 12:00 p.m. to 3:00 p.m. to further discuss the Budget before the next regular meeting.
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with all in favor, the Board approved that a Budget workshop be held on May 11, 2023 from 12:00 p.m. to 3:00 p.m.
NINTH ORDER OF BUSINESS Field Manager Items
A. Storm Water Management System Cleaning Update
Field Manager Pepin stated that Sewer Viewer is making progress throughout the community, and they report that the project should be completed by next week.
B. Fence Line Clearing Update
Chris stated that Lee County and the SFWMD had approved trimming the branches along the perimeter fences.
On MOTION by Supervisor Krukowski, seconded by Vice Chair Boland, with all in favor, the Board approved a 3-day cleanup along the fences, asking the contractor to prioritize the worst areas, not to exceed $7,500.
While onsite the SFWMD noticed dumped vegetation and ornamental plants in the preserves, and they issued a violation notice for these items. District Manager Teague will coordinate with Field Manager Pepin to send letters to the homeowners, asking them to remove these items within 30 days.
C. Phase 2 Electrical Panel Replacement
Chris stated that this project is progressing very slowly, and AA Action is preparing a permit application for Lee County, so they can move ahead.
D. Fountain Operations
Chris reported that the fountains for Lakes 9 and 16 have been installed and are operational. The deposit has been paid for the Lake 12 fountain, and the parts have been ordered. The fountain on Lake 4 is down, and Lake Doctors is troubleshooting. Lake Doctors confirmed that the lights on Lake 10 are in poor condition and need to be replaced. They submitted an estimate of $1,514.55 for replacing them with LED lights. The Board decided to wait on the light replacement and consider it in September or October.
Supervisor Krukowski suggested changing the time that the fountains are on for the enjoyment of the community. After discussion, the Board decided to change the times for running the fountains.
On MOTION by Supervisor Krukowski, seconded by Chair Boland, with all in favor, the Board approved having the fountains on from 7:30 a.m. to 11:00 a.m. and 4:30 p.m. to 9:00 p.m.
Supervisor Meade stated that he had seen dead fish along the lakes, and Chris stated that Aquatic Weed Control had inspected the shorelines and only saw 3 dead fish. Supervisor Krukowski stated that they were probably tilapia, which are sensitive to changes in the water.
TENTH ORDER OF BUSINESS District Counsel Items
A. Memorandum on Berm and Swale Responsibilities
Attorney Eckert stated that he had forwarded the memorandum to the Board on April 6th, and the Board decided to table discussion until the next meeting.
Attorney Eckert stated that the legislation on the requirement for ethics training is advancing, and he will inform the Board about any further progress.
Chair Boland stated that he had recently been voted onto the HOA Board, and he consulted with Attorney Eckert about any possible conflicts. He asked Attorney Eckert to review the law and policies in regards to Board members’ communication. Attorney Eckert stated that the Sunshine Law requires that 2 or more Board members cannot discuss CDD business outside of any advertised meetings, and this also applies to HOA meetings. He also recommends that if there is an issue that affects the HOA, especially financially, any discussion would create a conflict, and should therefore not occur. In response to Supervisor Krukowski’s question, Attorney Eckert recommends that, if a Board member is speaking at an HOA meeting, the other Board member(s) present should leave the room.
Chair Boland asked what the ramifications would be if the HOA merges with the CDD. Attorney Eckert stated that this is probably impossible, because the assets are funded by tax exempt bonds and public bonds, and those assets must be owned by a public entity. He stated that it is possible, if the bonds are paid off, that the CDD could be dissolved and transfer the assets to the County, who would then transfer them to the HOA.
ELEVENTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Patti Wachter stated that the Clubhouse is available for the public information meeting and the Budget workshop. She also stated that residents would like notice when vendors, such as Sewer Viewer, are onsite. District Manager Teague stated that he will have staff send out a notice when major projects are scheduled.
Ms. Wachter also commented that mowing around the lakes has not been done on a regular basis, only when requested, and Field Manager Pepin stated that it would be beneficial for lake maintenance personnel and others who need access to have it done on a monthly basis. Supervisor Krukowski commented that it is possible to have enough plants around the lakes so a grass buffer is not needed, and this could be discussed at a future time.
Ms. Wachter additionally commented that the drainage system affects a particular walkway, and it needs to be addressed.
A resident commented that she believes that the walkway Ms. Wachter is referring to is the one leading to the dock at 13461 Seaside Harbour Drive. She stated that it is imbedded and 6 feet wide, which is not allowed. There was discussion on whether the removal of this walkway is included in the proposed remediation plans. Since Engineer Barraco had left the meeting, District Manager Teague will follow up.
John Teckorius commented about fence ownership and the Ameriscape contract.
TWELFTH ORDER OF BUSINESS Adjournment
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with all in favor, the Board agreed to adjourn at 3:44 p.m.
A Budget Workshop Meeting is scheduled for May 11, 2023 from 12:00 p.m. to 3:00 p.m.
A Public Information Meeting is scheduled for May 16, 2023 at 6:30 p.m.
The next Regular Meeting is scheduled for May 18, 2023 at 1:00 p.m.