Amended Meeting Minutes for January 19, 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, January 19, 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)
Wes Kayne – Engineer, Barraco and Associates
Mike Eckert – Attorney, Kutak Rock, LLP
Susan Garling – Resident
Melissa Gindling – Project Specialist
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. Participating via web conference were Mike Eckert, the Attorney, and Several Residents, and Melissa Gindling of PDM.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with all in favor, the Board accepted the Agenda, as submitted.
District Manager Teague and Chair Boland explained that the Agenda will now include a Consent Agenda, which will include routine items to act upon at each meeting.
Supervisor Geltner requested that an Action Item list be developed and included in the Agenda packet, including items for follow up, with due dates and completion dates, and the Board agreed. District Manager Teague stated that this will be included in the packets going forward.
FOURTH ORDER OF BUSINESS Public Comments – Agenda Items Only
Chair Boland stated that the Public Comments at the end of the meeting will be included in the initial Public Comments section which was for Agenda items only. The Audience will comment on Agenda items first, and then the Public can comment or ask questions on other items.
There were two Public comments on drainage issues, but the speaker stated that he would wait until the item was discussed during the meeting.
FIFTH ORDER OF BUSINESS Consent Agenda
A. Meeting Minutes from November 17, 2022 and December 15, 2022
Line 33 Change pendant to Lis Pendens
Supervisor Geltner stated that he had included his notes in the packet, which summarized items that he believed should have follow up. District Manager Teague stated that his notes will also be included in the Record of Proceedings.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with all in favor, the Board approved the Draft Meeting Minutes from November 17, 2022 and December 15, 2022, as amended.
B. Financial Reports for November and December 2022
District Manager Teague stated that, as of October, 2022, the CDD only had $31,000, but after the assessments had been received, the fund balance is now $295,000.
Supervisor Geltner had a question about legal advertising and District Manager Teague will investigate.
SIXTH ORDER OF BUSINESS Business Items
A. Phase 2 Electrical Panel Replacement Vendor
District Manager Teague stated that the Board had approved AA Action Electric to replace the panels, but they had been unresponsive, and they have not signed the agreement that Attorney Eckert had developed. Staff will continue attempts to contact them, and Susan Garling stated that she will also speak to them. The Board wondered if West Coast Electrical could complete the project, but District Manager Teague stated that their services have a higher cost.
B. Fountain Operations
i. Updated Fountain Electric Costs
District Manager Teague stated that Field Manager Pepin had included in the packet a summary sheet indicating the cost of running the fountains from 5-9pm. Chris stated that the fountains had been approved to run from 1-9pm and he had made those adjustments to all the timers. District Manager Teague stated that if the motor size is reduced from 7.5hp to 2hp, he does not think that the fountains will be appealing to the residents. The Board discussed the costs of running aeration and fountains at the same time, as opposed to running just the aerators. The best options for each lake needing fountain repair or replacement were also discussed. It was decided that Supervisor Krukowski will coordinate with Lake Doctors to determine the best options for each lake.
ii. Shared Electrical Meters Proposal
Field Manager Pepin reported that the only estimate received was from West Coast Electrical. They proposed creating 2 new meters for the CDD fountains and aerator systems on Lakes 15 & 21S, and the total cost would be $9,500. The CDD is currently paying an average of $819 a month for the power usage at Lake 21S, when the cost could be closer to $125 to $150 a month for just an aerator compressor and 2hp fountain.
It was decided that District Manager Teague will work with Susan Garling to determine the cost sharing for the fountains.
Supervisor Geltner recommended that solar power be considered and that there be seasonal adjustments.
iii. Timing Equipment Costs and Discussion
Field Manager Pepin had stated that the timing was discussed several months ago, and he had mentioned that there are 2 setups on the fountains. The digital timers can be set to run two times a day, and the analog timers would require additional pins for the timer wheel. The cost would be approximately $100 for all the needed pins, with an additional cost for labor.
Supervisor Krukowski volunteered to collaborate with Engineer Barraco to speak with Lake Doctors about their recommendations for aerator size, timing, and all the aspects and costs of running aerators and fountains, and the requirements of the County. Supervisor Krukowski will present his findings at the next meeting.
iv. Lake 9 and Lake 16 Fountains Update
Lake Doctors had confirmed that both fountains are down due to motors that are in bad condition or are wearing out. The Board requested that repair and/or replacement options be included in the next Agenda packet, including options for smaller and more energy efficient units.
C. Monuments Maintenance
District Manager Teague stated they are waiting on a contract proposal, and that this will be submitted in the FEMA reimbursement request. The HOA reported that they will obtain repair costs, which will be submitted to FEMA for reimbursement.
D. Drainage Easement Encroachments Update
Engineer Kayne stated that 3 of the remaining 5 properties had contracted to have the repairs completed. The 4th had obtained a proposal from a landscaper for having the berm blowout and other issues repaired, but no one was certain what the proposal entailed, and therefore, it was still under consideration. The 5th issue includes a pool, and options for pursuing compliance are still being considered. The Board discussed the options for the CDD to remediate the 2 properties and bill the homeowners, or allowing the lack of compliance to be accepted. District Manager Teague stated that any remediation which could be completed by the CDD will depend on the results of the Engineer’s inspection and the legal requirements specified by Attorney Eckert. Engineer Kayne will conduct the inspection and report to the Board at the next meeting.
There was also the discussion on sending letters from the Engineer to the homeowners who were previously identified as having deficiencies, and outlining the actions required for remediation of the berms and swales on their properties. Supervisors Geltner and Meade stated that the requirements for remediation should be the same for all of the community. Supervisor Geltner stated that he believed all potential deficiencies should be identified before letters are sent.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with four in favor and Supervisor Geltner opposed, the Board approved the Engineer to send letters to all properties previously identified in his inspection as having deficiencies, outlining the actions required for remediation of the berms and swales on their properties.
The Board discussed the Engineer’s report on berm and swale deficiencies, and whether it included all potential violations. The Board decided that Chair Boland will ask the Engineer for a proposal to identify any additional berm and swale deficiencies in North, Central and South Moody River that were not included in the previous inspection.
E. Moody River Landscaping Concerns Email from Lee County
Pursuant to the email from Lee County, there was discussion on the CDD’s requirements for maintaining or removing vegetation in the berms and swales, and how it may differ from the HOA’s requests for removal. It was decided that District Manager Teague, Engineer Barraco, and Chair Boland will meet with the County for their input. The Board also requested Attorney Eckert to present the CDD’s obligations on the berm and swale issue at the next meeting and give his opinion for resolution.
Attorney Eckert presented his findings on the requested research he had done up to this point. He stated that he had referred to the plats, easements and permits when formulating his opinion:
- Concerning the remedy for the 2 properties that have not been repaired, he stated that the CDD’s requirements for Moody River North and the canal are contingent on the permits from the SFWMD, and the CDD is authorized to have the property that was altered repaired. In order to recoup the expense, he stated that the CDD could file a court action. Concerning the 2nd property at 13461 Seaside Harbor whose pool encroached into the easement, the CDD should send a letter to them stating that if the pool is not removed the CDD will take court action. He also stated that the CDD should not begin repair on the pool until there is a court order. The homeowner and the engineer could work together on the repair if an alternative is found.
- Concerning the CDD’s legal risk if the homeowner does not remove the pool, he stated that the District has the right to repair the drainage issue so that the requirements for maintaining the easement are met.
- Concerning the CDD’s need to vacate the easement for the lot owner to sell the property, he stated that the CDD should never vacate an encroachment on the easement, and that the resolution of the easement reparation is between the seller and the buyer.
- He also stated that the CDD cannot lien the property when the homeowners are not compliant, but they can file a court action to recoup the fine that the District will receive from the SFWMD. If the homeowner still does not pay, the District could place a lien on the property and impose a certificate of judgement.
- Concerning the hierarchy for the decision making between the CDD and the HOA when their positions differ, Attorney Eckert stated that the CDD has the right to enforce their easement requirements, and the HOA has the right under the declaration of covenants to put a lien on a property that is not compliant. If the CDD’s responsibility to meet the requirements of the permit is different from the HOA’s declaration of covenants, they would have to collaborate to resolve the issue. He stated that this needs more research.
- Concerning the CDD’s responsibility to restore and repair the canal to prevent natural erosion, he stated that they have that obligation, regardless of the HOA’s requirements.
Supervisor Meade wondered if the requirements for Moody River North and the canal are the same for Central and South, and he believes that they should be. The Board would like Attorney Eckert to do further research on the maintenance of the berms and swales for Central and South according to the engineers interpretation of the permit.
On MOTION by Supervisor Meade, seconded by Supervisor of Geltner, with all in favor, the Board authorized Attorney Eckert to research CDD responsibility for natural erosion in Moody Central and South and the non-canal area of the North, according to the permit.
After discussion the Board decided that they are happy with Attorney Eckert’s oral presentation and do not require a written interpretation, and a vote was not taken.
SEVENTH ORDER OF BUSINESS Staff Reports
A. District Manager Reports
i. FEMA Reimbursement Update
District Manager Teague referred to the Board’s copy of the report and stated that they will receive monthly reports. He stated that they had been paid $14,284 to date, which was mostly for debris cleanup. At their recent meeting with FEMA, staff had submitted to FEMA a project list, including the projected cost of $151,406, and they had also reported the actual cost to date. District Manager Teague stated that the inspection of the stormwater system will be in February, which has been submitted at $75,000. The preserves cutback was submitted at $10,000, and the monument reparation was submitted at $35,000.
ii. Arbitrage Report
He had included the annual report in the packet, and it indicated no issues.
iii. Lake 12 Violation Notice
District Manager Teague stated that the violation notice had been received. When Chair Boland, Engineer Barraco and District Manager Teague meet with the County, an extension will be requested.
B. Field Manager Reports
i. Field Report
Due to the length of the meeting, the Board decided not to review all of the report, but ask any questions they have:
Supervisor Krukowski requested that the old irrigation lines in Preserve CE-6 be removed. He also requested the replacement of the missing grate on Structure 131, and the removal of the debris on Structure #81 as soon as possible.
The Board discussed the raised drive and decided not to correct it, because it appears to be the property owner’s issue rather than the CDD’s issue.
ii. Hurricane Ian Cleanup
Chris reported that the cleanup is almost complete, except for the areca palm removal on Lake 3. He will conduct his final inspection this month to ensure that the cleanup is complete.
iii. Storm Water Management System Inspection Update
Chris stated that Sewer Viewer should be completing this sometime in February.
iv. Tall Grass Along Shorelines
District Manager Teague stated that the grass cut is complete at the carriage houses, but not at the single family homes. The Board requested better maintenance of the shoreline grass, and that a request be submitted to the HOA, so they can pass it on to the sub associations.
v. Manhole Cover Near Blue Jasmine Drive Follow Up
Chris reported that the work order has been created and is in line to be completed.
C. District Engineer Reports
i. North Moody Canal Violations Update
The Board decided to proceed with the repair of the washout and bill the homeowner who has not responded. They also requested that letters be sent to the homeowners with deficiencies in Central and South. The Board requested a proposal from Engineer Barraco for completing the map of violations, including any homes or areas that have not been covered previously.
ii. Future Lake Bank Remediation
Engineer Barraco had informed District Manager Teague that the lake banks should be mowed, and that the District should coordinate with the HOA. He stated that the mowing should be completed before the Board can receive his observation report.
D. District Counsel Reports
There had been no report requested. This was covered in the Business discussion.
EIGHTH ORDER OF BUSINESS Supervisor Requests/Comments
Supervisor Krukowski asked Chris to verify the maintenance and ownership reports. He also requested that Chris look at the removal of branches that are overhanging the sidewalks. Supervisor Krukowski commented that the old irrigation lines in the preserves had not been removed.
Chair Boland mentioned the previous discussion concerning the preserves assessment by Firewise. He also requested the cost for removing the old irrigation lines from the preserves.
NINTH ORDER OF BUSINESS Public Comments – Three (3) Minutes on any Topic
Susan Garling commented that AA Action Electric should be contacting PDM in the near future. She also offered to assist Supervisor Krukowski in his discussions with Lake Doctors. She asked about Attorney Eckert’s report on the homeowners responsibility for remediating their easement encroachment and the CDD’s right to litigate. Attorney Eckert clarified this for her.
Suzanne Pilnick wondered if the MOU was binding for the CDD’s maintenance of the easement to prevent natural erosion. She also asked the Board for a list of the vegetation that should be planted or removed to prevent erosion.
Mr. Foley was informed that the issue that he previously mentioned was not the CDD’s responsibility, because it was not an underground issue, but was probably caused by the roots of the palm trees.
TENTH ORDER OF BUSINESS Adjournment
Chair Boland adjourned the meeting at 4:28p.m.
The next Regular Meeting is scheduled for February 16, 2022 at 1:00 p.m.