Amended Meeting Minutes for February 16, 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, February 16, 2023 at 1p.m.
Present (or attending via web conference) and constituting a quorum were:
John Boland – Chair
Chris Jenner – 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)
Carl Barraco – Engineer, Barraco and Associates
Mike Eckert – Attorney, Kutak Rock, LLP
Chris Pepin – Field Manager, Community Field Services
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. Also in attendance were Cal Teague, the District Manager, Carl Barraco, the Engineer, Melissa Gindling of PDM, and Several Residents. Participating via web conference were Mike Eckert, the Attorney, Chris Pepin, the Field Manager, and Several Residents.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
There was discussion of 4Diii, Approve and Record CDD Disbursements per Florida Law, and it was agreed that the item would remain on the Agenda, but would be removed from future Agendas.
On MOTION by Supervisor Geltner, seconded by Supervisor Meade, with all in favor, the Board accepted the Agenda, as submitted.
FOURTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
Item 9C Discuss earlier in the meeting.
Item 4Di, Approve Meeting Minutes from January 19, 2023, was pulled for discussion. All others were accepted.
i. Public Comment on Balance of Items
There were no public comments.
B. Motion to Accept Balance of Items
All items were approved, except 4Di.
On MOTION by Supervisor Geltner, seconded by Supervisor Krukowski, with all in favor, the Board accepted Items Dii, Diii, Div on the Consent Agenda, as presented.
C. Consideration of Items Pulled for Discussion
i. Public Comment Taken on Each Pulled Item as it is Considered
Susan Garling requested that HOA Board members be designated as residents, not HOA Board members.
A resident commented that some properties in North, Central and South are also owned by the HOA, and this should be taken into consideration when addressing drainage issues.
D. Consent Items
i. Approve Meeting Minutes from January 19, 2023
Line 20 Change “pendant” to “lis pendens”
Line 46 Add homeowners “of all properties”
Lines 20 & 40 Remove HOA Titles
The Board requested a copy of the letter that was previously sent to Central and South residents.
On MOTION by Supervisor Geltner, seconded by Supervisor Meade, with all in favor, the Board accepted the Draft Meeting Minutes from January 19, 2023, as amended.
ii. Present Report on Monthly Financial Summary for the Month of January 2023
iii. Approve and Record CDD Disbursements per Florida Law
iv. Approve FY 2024 Budget Schedule
FIFTH ORDER OF BUSINESS Business Items
A. Present Report on Action List
The draft of the Action List was presented and there were several comments. The Board requested a larger font, adding a column for the responsible party, assigning each item a number, and adding closed items to the bottom of the list. Vice Chair Jenner will provide PDM a copy of the Action List previously used, which can be utilized for a template. After discussion, it was decided that Supervisors will contact District Manager Teague with any changes, and the Action List will then be updated with this information.
B. Present Report on Phase 2 Electrical Panel Replacement
District Manager Teague stated that AA Action Electric had requested three changes to the contract that had been created by Attorney Eckert. The first is changing the time of completion from 40 days to 150 days. They had stated that delays with permitting is the major reason for the extension. Chair Boland commented that the CDD should be mindful of any delays, because permits have a time limit, especially if the CDD pays a deposit.
The second change was that the payment terms be changed to 50% deposit and 50% paid at final completion.
The third is changing the warranty from 2 years to 1 year.
These changes had been made, with the approval of Chair Boland, and sent to AA Action Electric, and staff is waiting for their response.
C. Present Report on Fountain Operations
i. Present Report on Timing Equipment
Timers were discussed and Supervisor Krukowski commented on the timing schedules that are used in other communities. There was also discussion on the design of fountains, and Chair Boland suggested that a fountain committee be established. Attorney Eckert stated that a committee must meet publicly at advertised meetings, and it is bound by Sunshine Laws.
ii. Present Report on Shared Electrical Meters
District Manager Teague noted that the shared meters will remain with the HOA, and he suggested that the CDD pay the HOA each month for a percentage of the power used. The Board requested Attorney Eckert to draft a cost sharing arrangement agreement.
iii. Present Report on Fountain Replacement Options for Lakes 9 and 16
Supervisor Krukowski stated that the Board’s focus is the replacement of the motors and pumps on the two fountain aerators. He noted that several options for repairing and replacing the fountains were included in the packet. There was discussion on running the fountains all the time and the expense saved by running them in increments. Engineer Barraco stated that there is aeration required in some lakes.
Teresa Silva stated that she had previously presented a petition stating that 223 residents want fountains in the community.
On MOTION by Supervisor Geltner, seconded by Chair Boland, with Supervisor Geltner and Chair Boland in favor, and 3 opposed, the Board did not approve buying timers that would allow the fountains to run at alternate times, not to exceed $100.
On MOTION by Supervisor Geltner, seconded by Chair Boland, with Supervisor Geltner in favor and 4 opposed, the Board did not approve not repairing or replacing the fountains that fail and are no longer operational.
Mary Ann commented that the community has fountains to improve aesthetics, and she believes that fountains that are no longer functioning should be replaced.
On MOTION by Supervisor Geltner, with no second, proposed that solar fountains be installed at the fountains on Lakes 9 and 16.
Supervisor Krukowski suggested that the fountains be replaced with 3 hp motors and be used as a benchmark for replacing future fountains.
Field Manager Pepin stated that Lake Doctors had submitted a proposal for $15,531 to replace the fountain units, using the existing light systems. There was also a proposal from Fountain Kings for $22,000.
On amended MOTION by Supervisor Krukowski, seconded by Supervisor Meade, with all in favor, the Board approved Lake Doctors to replace the fountains on Lakes 9 and 16 with 3 hp motors, not to exceed $22,000. The Board requested that Field Manager Pepin make the decision for the best purchase between Lake Doctors and Fountain Kings.
iv. Present Report on Pump Sizing
Engineer Barraco noted that anything deeper than 12 feet is considered a “deep lake” in Lee County. He stated that MRE has 2 deep lakes, and he is going to investigate which pump and aerator are mandatory for these two lakes to avoid potential violation from the County.
D. Present Report on Accuracy of CDD/HOA Maintenance Maps
District Manager Teague noted that he has not seen any issues with the maps, and he asked Supervisor Krukowski to report any issues to him.
SIXTH ORDER OF BUSINESS Supervisors’ Items
Supervisor Geltner presented a proposed policy regarding lank bank restoration, conservation area maintenance, and maintenance of other assets and recommended that they be discussed at a future workshop or meeting.
Supervisor Geltner also requested discussion of the pond watch report at the next meeting. He also noted that the geotube on Lake 5 is visible.
Supervisor Krukowski volunteered to take responsibility for the pond watch report and present it at the next meeting. The Board agreed. He also mentioned that Ernesto Lasso de la Vega will give a presentation on March 13th, and the location will be announced at a later date.
SEVENTH ORDER OF BUSINESS District Manager Items
A. Present Report on FEMA Reimbursement
District Manager Teague presented an updated list of hurricane invoices and potential FEMA claims, and he suggested that PDM handle the FEMA claims without the help of a consultant in the future, because PDM can complete the submissions and the amount the consultants charge is prohibitive in relation to potential reimbursement amounts.
B. Present Report in Lee County Code Violations for Lakes 8 and 12
District Manager Teague stated that Field Manager Pepin had submitted a proposal from Pristine Lakes and Wetlands for repairing and replacing the fountains, which is in the packet. He stated that the current contractor is no longer responding, and the violations need to be addressed by April.
The Board approved the proposal and asked District Manager Teague, Attorney Eckert, Engineer Barraco, and Field Manager Pepin to work with the contractor to revise the proposal to include reference to the original plans and also to include sod restoration.
On MOTION by Supervisor Geltner, seconded by Supervisor Meade, with no vote, the proposal from Pristine Lakes and Wetlands to complete the lake bank remediation on Lakes 8, 12, and 18, contingent on the revisions of the proposal, including reference to the original plans and also sod restoration, not to exceed $85,000, was not approved.
Engineer Barraco recommended that Lakes 8 and 12, which are in violation, be addressed by a new contractor and that their work be evaluated before any other lakes are addressed.
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board authorized Barraco and Associates, in coordination with District Manager Teague, Attorney Eckert, and Field Manager Pepin’s collaboration with Pristine Lakes and Wetlands, to complete the lake bank remediation on Lakes 8 and 12, with the option of repairing Lake 18 if the efforts on Lakes 8 and 12 are acceptable, contingent on the inclusion of reference to the original plans and sod restoration, not to exceed $85,000.
C. Present Report on Monuments Maintenance
District Manager Teague stated that the HOA has obtained a proposal, and it will be submitted to FEMA.
EIGHTH ORDER OF BUSINESS Field Manager Items
A. Present Report on Field Maintenance Report
Field Manager Pepin’s Report was in the packet, and he answered questions from the Board:
Supervisor Meade asked if the stormwater management system had ever been cleaned out, and Chair Boland stated that it had not. District Manager Teague stated that Sewer Viewer will give an estimate after their inspection is complete, and they will report the amount of blockage in the system. Chris stated that the inspection should be complete within the next 2 weeks.
Supervisor Geltner asked if street cleaning is needed for the cleanup of leaves, and Chris stated that someone should remove them, because they will be in the catch basin after a heavy rainfall event, and will cause debris buildup in the stormwater management system. Chair Boland stated that SFWMD had recommended street cleaning as a part of community maintenance.
Supervisor Geltner also asked if the tree branches adjacent to the perimeter walkway that are hanging down are being addressed, and it was stated that the HOA will be trimming those trees. Chair Boland suggested, now that the Board has been made aware of these branches that may fall on the walkway, that the Field Manager go ahead and remove these branches immediately, to which Attorney Eckert concurred.
There followed a discussion about branches from trees in the preserve areas hanging over the fences, which was referenced in the Field Report. Chair Boland stated that there is a need to trim the trees in the preserve that are encroaching on the fences, which will prevent future damage to the fencing, if permitted by applicable permits. The Chair requested the Field Manager provide a proposal for this work.
Supervisor Krukowski asked if silt from the hurricane is being addressed, and Chris stated that this will be a part of Sewer Viewer’s report. Supervisor Krukowski also asked about the cleanup of the stormwater system in the preserves, and Chris stated that it is on the list of tasks to be completed.
Chris stated that there is a fountain down on Lake 12 which will be addressed by Lake Doctors.
B. Present Report on Hurricane Ian Cleanup
Chris reported that all known CDD vegetation issues have been completed.
C. Present Report on Storm Water Management System Inspection
Chris stated that Sewer Viewer’s inspection is almost complete, and their findings are indicating that extensive cleaning is needed. He stated that the report will be available at the next meeting.
D. Present Report on Structure 131 Missing Grate and Damaged Catch Basin
Chris stated that his technicians located a structure discovered outside the basin in the lake, and the grate was retrieved and placed on the structure. He stated that the grate is structurally sound at the present time.
NINTH ORDER OF BUSINESS District Engineer Items
A. Present Report on South Florida Water Manager District – Moody Canal
i. 13441 & 13461 Seaside Harbour Drive
Engineer Barraco stated that there is not much change, and no work has been started. He stated that the homeowner at 13441 Seaside Harbour Drive has sent a proposal, but it does not fully address the issue. He stated that Engineer Kayne will need to approve the plans before the project is started. They had received no response from the homeowner at 13461 Seaside Harbour Drive, and the Board asked Attorney Eckert for a proposal which would recommend the next step.
B. Present Report on Berm and Swale Grading Encroachments Central & South
This was discussed earlier in the meeting.
C. Present Report on Lake Bank Remediation
Carl stated that the grass needs to be cut before the inspection. Susan Garling stated that an email should be sent to Jon Hosey requesting that grass be cut in appropriate areas.
D. Present Report on Moody ERP Certification (2014)
Carl clarified that this certification was approved on March 13, 2014, and a copy of the letter was emailed to the Board.
E. Present Report on Berm Study of Central & South
During discussion it was stated that Engineer Barraco had already submitted a report on the berm study of Central and South, and a copy will be sent to the Board. Carl reviewed how the issues in the report will be addressed. District Manager Teague is coordinating with Engineer Barraco to draft new letters which will address issues noted in the report.
TENTH ORDER OF BUSINESS District Counsel Items
A. Present Report on Vegetation Removal from Berm
Attorney Eckert stated that he had spoken with HOA counsel, and he seems to understand Attorney Eckert’s concerns about the responsibility for the vegetation along the canal bank. The HOA counsel is drafting a response taking into account the District’s concerns.
The Board had previously asked Attorney Eckert’s opinion on the CDD’s responsibility to maintain the berms and swales on the canal banks, and he stated that the CDD is responsible. However, homeowners also have a responsibility to avoid damaging or changing the berms and swales.
There was discussion on providing homeowners a document outlining their responsibilities regarding the berms and swales, and the Board asked Mike to draft his opinion in writing.
Attorney Eckert had also been asked if the CDD has responsibility for the swales and berms in Central and South along the preserves, and if the CDD has responsibility for the swales and berms at the back of the lots in Moody North that are not canal lots. He stated that the CDD does have responsibility for the maintenance of both areas through the SFWMD permit, and they should ensure that the stormwater management system is not compromised. The homeowners also have a responsibility to avoid damaging or changing the berms and swales. Supervisor Geltner recommended that a document be available for homeowners outlining their responsibility in regards to these two issues and Attorney Eckert agreed.
ELEVENTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
There were no public comments or questions.
TWELFTH ORDER OF BUSINESS Adjournment
Chair Boland adjourned the meeting at 3:53 p.m.
The next Regular Meeting is scheduled for March 16, 2023 at 1:00 p.m.