Amended Meeting Minutes for December 15, 2022
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, December 15, 2022 at 1p.m.
Present (or attending via web conference) and constituting a quorum were:
Chris Jenner – Chair
John Boland – Vice Chair
Robert Geltner – Assistant Secretary
Shawn Meade – Assistant Secretary
William Krukowski – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Wes Kayne – Engineer, Barraco and Associates
Mike Eckert – Attorney, Kutak Rock, LLP
Susan Garling – HOA Board President
Teresa Silva – HOA Board Vice President
John Teckorius – Former Board of Supervisors Chair
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. Also in attendance were Cal Teague, the District Manager, Wes Kayne, the Engineer, and Several Residents, including Susan Garling and Teresa Silva of the HOA, and John Teckorius, former BOS Chair. Participating via web conference were Mike Eckert, the Attorney, and Several Residents.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Oath of Office for Re-Elected Board Seat 1
The Oath of Office for Seat 1 was administered, signed, and returned before the meeting.
FOURTH ORDER OF BUSINESS Board Reorganization: Resolution 2023-03
Vice Chair Boland was nominated as Chair, and Chair Jenner was nominated as Vice Chair.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with all in favor, the Board appointed John Boland as Chair, Chris Jenner as Vice Chair, with all other officers remaining the same, including William Krukowski, Robert Geltner, and Shawn Meade serving as Assistant Secretaries.
FIFTH ORDER OF BUSINESS Approval of the Agenda
On MOTION by Supervisor Meade, seconded by Vice Chair Jenner, with all in favor, the Board accepted the Agenda, as presented.
SIXTH ORDER OF BUSINESS Audience Comments (3 minutes, agenda items only)
John Hofstetter commented that he would like the fountains to be on from 12 p.m. to 10:15 p.m.
Helen Gray commented that she is also in favor of the fountains being on longer.
Ms. Nostramo commented that she would like the duck weed and potato weed removed from the CDD ponds. District Manager Teague commented that both are classified as beneficial littoral plants.
SEVENTH ORDER OF BUSINESS Fountain Discussion
On MOTION by Vice Chair Jenner, seconded by Supervisor Geltner, with all in favor, the Board approved turning on the fountains from 1 p.m. to 9 p.m.
Supervisor Geltner stated that he would like recommendations on the acquisition of timing equipment, because of the multiple times the fountains will turn off and on each day, and the costs to do so. District Manager Teague will investigate and report back to the Board.
Supervisor Krukowski commented that the Lake 16 fountain is not working.
EIGHTH ORDER OF BUSINESS Stormwater Management Workshop
Chair Boland closed the Regular Meeting, per Attorney Eckert’s instruction, and the Workshop began at 1:18 p.m.
A. Moody River North Violations Discussion
Engineer Wes Kayne stated that the District has been given an extension until January 23, 2023, and he felt that there will be no other extensions given.
The original violation was regarding property on Seaside Harbour and Seaside Key, and he reported that most are now basically in compliance, except for four properties, as was previously reported.
It was stated that there were 4 properties in noncompliance, and 3 of those have begun reparations. The remaining one has a significant washout in the berm, and he has been unable to reach them.
Chair Boland wondered why 13461 Seaside Harbour was not on the list.
Chair Boland stated that he believes that a standard should be set for all residents, and Attorney Eckert stated that there may be different circumstances, and the only requirements are that the stormwater management system functions, and that the CDD is in compliance with any permits issued to the District.
Chair Boland also reported that the SFWMD had stated that there is a pool encroachment, and Engineer Kayne stated that it was determined that the pool deck was not having an adverse effect on the easement and that nothing needed to be done. He stated that something like a french drain could be installed, if the CDD would like it to be addressed.
In response to the query that a noncompliant homeowner cannot be reached, Attorney Eckert stated that the CDD could perform the reparation, and the homeowner could be taken to court for a monetary judgement, and if none was forthcoming, there could be a judgement lien placed on the property. Supervisor Geltner asked if there could be a lis pendens placed on the property. Attorney Eckert will investigate. District Manager Teague asked if letters should be sent, and it was stated that numerous letters have gone out, and because there has been no response, a contractor can be hired to begin the project.
B. Moody River Central and South Berm/Swale Discussion
There was discussion on the concern over easements not being in place when the property abuts the preserves. Engineer Kayne reported that many berms are nonexistent, and the swales have settled over time, and are therefore missing.
A few pools being constructed were discussed, and it was determined that the homeowners will be contacted and informed about the CDD easement restrictions before the pools are finished.
The Board discussed developing a berm/swale standard and informing residents of the maintenance requirements.
C. Stormwater Management Assets
Chair Boland stated that there are assets to maintain, and many of them last about 50 years, and funds need to be accumulated, to keep up with maintenance and replacement. He stated that he has drawn up a spreadsheet specifying approximately $8 mil worth of assets, and he pointed out that there is no capital reserve for maintenance. He suggested having a workshop to study how the District could set aside the necessary funds.
There was discussion on the different assets that the District is responsible for, and that the bond is attached to those assets. Attorney Eckert was asked to forward to District Manager Teague the engineering exhibit of the 1st bond, which identifies the assets, including the bond financing.
D. SFWMD Permit Conditions Governing Stormwater Management
Engineer Kayne stated that the District needs to ensure that any stormwater run off is contained within the current stormwater management system, and also to ensure the maintenance of lake slopes and the preserves, which are a part of the District’s stormwater management system.
Chair Boland has a copy of the SFWMD plan which can be utilized for a maintenance plan, and he can forward it to the Board. One requirement is street sweeping, which the SFWMD plan recommends that it be completed once every other month.
E. Drainage Easement Encroachments
HOA Board Vice President Teri Silva commented on the areas near the canals that the HOA is responsible for, and the areas that are the CDD’s responsibility. She was concerned about the violations that the Architectural Review Committee has received in reference to plantings, and how this is effected by lack of action on canal erosion by the CDD. Attorney Eckert stated that he would need to investigative to determine if the CDD has ownership of the easement, and if they are responsible for maintenance. Chair Boland stated that discussion on drainage easement encroachments should be tabled until research can be completed.
F. Current State of Stormwater System
Engineer Kayne stated that the lank banks are low, and that they will be doing a review in mid January when the water levels are down.
District Manager Teague stated that there had been $6,400 approved to do a visual inspection of the stormwater management system, if needed.
A resident commented on a catch basin in Moody Central that needs to be cleaned.
Chair Boland closed the workshop and opened the Regular Meeting at 2:53 p.m.
NINTH ORDER OF BUSINESS Supervisor Requests/Comments
Supervisor Meade commented on the pool deck at 13461 Seaside Harbour and asked if the only option is to install a french drain and a grate. Engineer Kayne stated that this is correct, and he suggested that a small pump could also be installed.
Supervisor Krukowski commented that the fountain at Lake 16 has not been working for at least a month, and he wondered if Solitude is aware of it. He also commented on trees adjacent to homeowners’ properties that are leaning as a result of the hurricane and wondered if they can be removed. The Board asked Field Manager Pepin and Supervisor Meade to investigate.
Supervisor Geltner congratulated the two new Board officers that had been selected, and he also commented that he appreciated Supervisor Krukowski moving some debris out to the curb. He also commented that the professionals the Board has retained are not giving enough guidance, so that issues in the District can be resolved.
Vice Chair Jenner commented that there are 3 fountains that have not been working.
TENTH ORDER OF BUSINESS Audience Comments (3 minutes on any topic)
A resident commented that he believes that Moody River Estates should have a seawall.
John Teckorius thanked the CDD for their action on the maintenance of the berms and swales, and that he would like to see continued action on these issues.
He also commented on the violation on Lake 8 and is concerned that the issue has not been resolved.
District Manager Teague reported on the progress of hurricane cleanup, including damage to the fountains, aerators and the monument that can be claims forwarded to FEMA. He also commented on the planned visual inspection of the stormwater management system.
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board approved Attorney Eckert to research the responsibility of the CDD for canal bank maintenance of the easement, and to send a letter with a notice of action to the homeowner at 13441 Seaside Harbour concerning their violation.
ELEVENTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with all in favor, the Board agreed to adjourn at 3:24 p.m.
The next Regular Meeting is scheduled for January 19, 2022 at 1:00 p.m.