Amended Meeting Minutes for February 24, 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 at the Clubhouse at Moody River Estates, 3050 Moody River Boulevard, North Fort Myers, Florida 33903, and also via web conference on Wednesday, February 24, 2022 at 1:10 p.m.
Present (or attending via web conference) and constituting a quorum were:
Edward Pike – Chair
Chris Jenner – Vice Chair
Julie Canoura – Assistant Secretary
John Teckorius – Assistant Secretary
Robert Geltner – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Mike Eckert – District Counsel
Carl Barraco – District Engineer
Bill Sowers – Assistant District Manager (PDM)
Christopher Dudak – Client Services Manager (PDM)
The following is a summary of the discussion and actions taken at the Moody River Estates Community Development District (CDD) Board of Supervisors regular meeting.
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order and all Board members were present, with Supervisors Canoura and Teckorius attending via web conference. Also in attendance were District Manager Cal Teague and District Engineer Carl Barraco. Participating via web conference were District Counsel Mike Eckert, PDM Assistant District Manager Bill Sowers, and PDM Client Services Manager Christopher Dudak. Also in attendance were residents including HOA President Susan Garling, Rick Doran, Robert Bethman, Bill Krukowski, Rolland Lareay, Daniel Schramm, William Wisp, Michael Gemi, and Fran O’Neill.
SECOND ORDER OF BUSINESS Approval of the Agenda
Add 6C District Records Policy
Supervisor Teckorius questioned the summary letter from District Manager Teague in the Agenda Packet. He mentioned three issues, and he was informed that they will be discussed in the regular meeting.
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board accepted the Agenda, as amended.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items (3 minutes on Agenda Items)
Rick Doran wondered if there is a 5-year plan for lake maintenance on all 21 lakes. There was also a discussion on 4:1 slopes on the lakes. Mr. Doran wondered if the slope of the lakes is in compliance with the South Florida Water Management District (SFWMD) requirements. District Manager Teague stated that there had been no citations from SFWMD. He also stated that Field Manager Pepin will conduct an erosion analysis of all the lake banks, which includes a visual inspection of the slopes of the lakes, and the District’s engineering firm would be needed if the Board wants a full analysis. Supervisor Geltner stated that Engineer Barraco had been hired for this purpose. Supervisor Teckorius would like to be sure that a requirement for a 4:1 slope on all lakes would be in writing.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Regular Meeting Minutes from January 25, 2022
The District Manager states that Supervisor Canoura had submitted several changes before the meeting and are noted below along with other changes requested at the meeting:
Line 4: change Julia to Julie.
Pg 8, Line 25: reference to “a change in rules” should be a “change in officers.”
Line 38: change to Attorney Eckert made no comment, because he didn’t ask for it to be in his report.
Pg 6, Lines 5-6: Supervisor Teckorius stated that he would like to see all residents who attended to be listed in the minutes.
Pg 7, Line 16: change Sullivan to Silva.
Pg 9, Line 35: change to Engineer Barraco will not certify the work in completion until all work is done properly.
On MOTION by Supervisor Geltner, seconded by Supervisor Teckorius, with all in favor, the Board approved the Draft Regular Meeting Minutes for January 25, 2022, as amended.
FIFTH ORDER OF BUSINESS Staff Reports
i. Stormwater Management 20-Year Needs Analysis Update
The Board would like to see the template that was provided by the State and referenced by the Engineer.
In response to Supervisor Teckorius’s question, Engineer Barraco stated that the proposal is a cost plus, not a lump sum.
It was stated that the proposal is for $6,000. The Board wondered what the actual cost is for the project. District Manager Teague stated that once the State receives the analysis, they will determine what is acceptable.
On MOTION by Supervisor Teckorius, seconded by Chair Pike, with all in favor, the Board accepted the proposal for the 20-year needs analysis, not to exceed $10,000.
ii. Lake Bank Maintenance Lakes 8 & 18 Update
Lake 8 was completed, but they were waiting to cut the bag. Lake 18 is being researched to confirm if it is completed. There was also additional discussion on these lakes previously.
iii. Scope of Work for Competitive Bids for Lakes Compliance
There was a question as to what the scope of work entails. Per District Manager Teague and Engineer Barraco, the scope of work discusses what work is to be done in detail. The Board approved District Manager Teague to oversee the maintenance of the lakes without micromanaging him. He will work with Field Manager Pepin on projects and investigate all necessary solutions.
SIXTH ORDER OF BUSINESS Staff Reports
Attorney Eckert reported that a refund payment of over $2,000 from Wrathell, Hunt & Associates, LLC will arrive shortly.
i. HOA/CDD ARC Communications Process
The documents had been received from Susan Garling of the HOA, and he will work with the HOA to make a 1 page protocol. He saw the need to streamline the process so that there is no interference with the CDD easement rights.
ii. Discussion of Maintenance, Repair, and Replacement of Stormwater Facilities adjacent to Private Roadways
When speaking with the HOA president Susan Garling, Mr. Eckert and she discussed that a revised CDD/HOA agreement should be drawn up to delineate the responsibility for the long term maintenance of the stormwater structures. Attorney Eckert was working on the agreement. Supervisor Teckorius would like the engineer to provide a detailed drawing specifying which assets belong to the CDD and which belong to the HOA. Attorney Eckert stated that this could be done in an exhibit to the revised agreement. The Board requested that they be allowed to submit issues to Mr. Eckert they would like included in the agreement.
C. District Manager
District Manager Teague presented his report and the following issues were discussed:
i. Board Goals and Objectives Discussion
District Manager Teague would like to have the Board send in ideas for the Capital Improvement Plan (CIP) with a goal of narrowing down to three to five projects that can be completed in the next six months. Chair Pike would like to have a long term plan. The Board would like to see a model copy of long term plans from other communities.
ii. Management Company Transition Update
The District Manager presented a summary identifying what documents had been received from the previous management company, Wrathell, Hunt & Associated, LLC (WHA) and not all documents have been received. The Board suggested that WHA and PDM meet to resolve the records transition. PDM will make another attempt to address this with WHA.
iii. Website ADA Compliance and Documents on the Website
There was a discussion on the requirements for ADA compliance when documents are put on the website. Client Services Manager Dudak from PDM stated that it is no longer required to have the whole Agenda Packet or all “meeting materials” on the website. In all meeting materials, there are many documents that are hard to covert to a fully ADA compliant format. The Florida legislature had changed this requirement; the only agenda materials now required to be on the website are the Agenda and the approved Minutes. However, Moody River Estates CDD’s rules retain the original Florida Statutes requirement for all meeting materials to be on the website. Attorney Eckert stated that the Rules of Procedure also contain a clause allowing for suspending application of the rules without an official rules change procedure, in the event that Florida Statutes change. The Board agreed to place only the state-required agenda materials on the website, along with a statement in each agenda telling interested parties how to request an electronic copy of any meeting materials.
On MOTION by Supervisor Geltner, seconded by Supervisor Teckorius, with all in the favor, the Board agreed to suspend the application of the Rules of Procedure that requires more than current state law be posted on the website, to reduce the placement of meeting materials on the website to the Agenda and approved Minutes of the Board meetings as allowed by Florida law.
iv. Financial Statements for December 2021 & January 2022
They are not available as of yet, because some forms and payroll records have not been transferred.
v. Fiscal Year 2022 Election; Seats 1 & 5
Supervisors Jenner and Canoura are up for election. The instructions for filing are on the website and were presented in a handout.
vi. Fiscal Year 2023 Budget Schedule
The budget schedule was presented with three different options: the current meeting schedule, a new meeting schedule based on meetings on the 2nd Thursday of the month, and one based on a meeting schedule on the 3rd Thursday of the month. These options were presented as the Board either needed to ratify the meeting schedule change from the schedule approved on January 25, 2022 or adopt a new meeting schedule. This topic is later on the agenda of this meeting.
The deadline for approval of a tentative budget is June 15, 2022. The Board reaffirmed their decision at the January 25, 2022 regular meeting to not have workshops in their current schedule, and that workshops can be scheduled in the future if needed.
B. Field Manager
i. Field Report
District Manager Teague reviewed the Field Report, and the following was discussed and action taken:
The District Manager recommended a monthly budget for addressing small maintenance needs, without needing pre-approval from the Board. Supervisor Teckorius stated that it needs to be determined whether a responsibility for lake water quality exists for the CDD or the HOA.
On MOTION by Chair Pike, seconded by Vice Chair Jenner, with all in favor, the Board approved small maintenance workforce not to exceed $1,000 per month.
ii. Follow-up Items
a. Stormwater Scoping and Cleaning Concerns
Several inspection and cleaning proposals from MRI were presented. The topic was tabled until the next meeting for additional information.
b. Preserve Markers
The Field Manager will be recording the location of the preserve boundary markers when he conducts the April inspection.
c. Lake 6 Fountain Pump & Motor Repair
All repairs had been completed.
d. Lake 12 Fountain
District Manager Teague is waiting on a response to the request for work on the Lake 12 fountain, which was forwarded to Field Manager Pepin from Chair Pike. When District Manager Teague has received it, he will pass it on to the Board.
e. Garbage Cleanup around Lakes
This is scheduled to be completed by March 9th and 10th, 2022.
SIXTH ORDER OF BUSINESS Old Business
A. Permit Violation Concerns and Solutions
i. SFWMD General Inspection Report Update
This was discussed earlier in the meeting. Concerning the second letter to those properties that have not taken action on the violation letters issued by the Engineer in response to the SFWMD violations report. The Board will give the residents until March 7th, or March 14th, 2022, to respond. Engineer Barraco will inspect the work that has been done and report back to the Board. Those who have not corrected the identified violations will be sent a second letter as a reminder of the deadline for compliance, which has been extended to May 11, 2022.
B. Fiscal Year 2022 Meeting Schedule Re-review
There were three options in the packet for the upcoming regular Meeting schedule for the remainder of Fiscal Year 2022. Two of the three options were to create a consistent meeting schedule for ease of scheduling and attendance.
On MOTION by Chair Pike, seconded by Vice Chair Jenner, with all in favor, the Board approved the second Thursday of every month at 1 p.m. for all remaining regular Board Meetings, except for the August 18, 2022 regular meeting and budget public hearing which is scheduled for the third Thursday of the month.
C. Discussion of Existing District Records Retention Policy
The Board agreed to continue retaining all the District records, and no further action was needed.
SEVENTH ORDER OF BUSINESS New Business
A. Audit Selection
The Audit Selection Committed presented its recommendation to approve the firm of Berger, Toombs, Elam, Gaines & Frank for the Fiscal Years 2021, 2022, and 2023 audits.
On MOTION by Vice Chair Jenner, seconded by Supervisor Teckorius, with all in favor, the Board accepted the proposal of Berger, Toombs, Elam, Gaines & Frank for the Fiscal Years 2021, 2022 and 2023 audits.
B. Resolution 2202-05 Depository Change
District Manager Teague recommended Valley National Bank as the depository for the District, due to the higher interest rate being paid for deposits with no banking charges.
On MOTION by Supervisor Geltner, seconded by Supervisor Teckoris, with all in favor, the Board agreed to approve Resolution 2202-05, which changes the District’s depository to Valley National Bank.
C. New Proposal for Lake 6 Fountain Lights
Solitude submitted an estimate for replacing the lights on Lake 6, which are no longer functioning properly.
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board approved the proposal to replace the Lake 6 fountain lights with LED bulbs, for $1,850.18.
EIGHTH ORDER OF BUSINESS Special Projects
Upon Supervisor Geltner’s suggestion, the Board agreed that all communication for requests for special projects from the Board and residents be sent to District Manager Teague, instead of contacting the Attorney or any other staff directly.
NINTH ORDER OF BUSINESS Next Meeting Quorum Check
The next meeting will be on March 10, 2022 at 1:00 p.m. A quorum will be present, with Supervisor Canoura reporting to District Manager Teague on her availability.
TENTH ORDER OF BUSINESS Supervisor Requests/Comments
Supervisor Geltner requested that the Board discuss the tree image that is on the monument. The Board decided that the Banyan tree should be on all monument signs.
ELEVENTH ORDER OF BUSINESS Audience Comments (3 minutes on any topic)
Susan Garling, HOA President, commented that a letter was received from the SFWMD that provides an extension of permit issues. Supervisor Geltner will forward the letter to her. Also, she commented that the HOA had received quotes from Ameriscape to make repairs to monument signs for approximately $75,000.
Bill Krukowski requested that a Board member attend the HOA meetings and report on what the CDD is doing. Attorney Eckert explained the requirements of the Sunshine Law and his concern if more than one Supervisor was present at an HOA meeting.
The residents and the Board discussed any potential unequal treatment of neighborhoods and that the entire community should be treated equally regarding any inspections that could lead to violations. They were also considering whether the inspections can be done by Field Manager Pepin, rather than Engineer Barraco, to save money.
TWELFTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board agreed to adjourn at 4:55 p.m.
The next Regular Meeting is scheduled for March 10, 2022 at 1:00 p.m.