Amended Meeting Minutes for January 25, 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 Blvd., North Fort Myers, Florida 33903, and also via web conference on Wednesday, January 25, 2022 at 12 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 – Attorney
Carl Barraco – Engineer
Chris Pepin – Field Manager
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 Supervisor Canoura attending via web conference. Also in attendance were District Manager Cal Teague, District Attorney Mike Eckert, and District Engineer Carl Barraco. Participating via web conference were Field Manager Chris Pepin and Christopher Dudak of PDM.
SECOND ORDER OF BUSINESS Meeting Conduct Protocols
District Manager Teague reviewed the protocols to be followed in meetings. He stated that the rules would be under parliamentary procedures, and not Roberts Rules. Audience comments can be made at the beginning of the meeting, and also at the end, and they need to be presented in a polite manner. Only the Board will speak during business items, and the audience will not be involved in the discussions. In response to Supervisor Canoura’s question, District Manager Teague stated that the Board can address topics not currently on the agenda during the Supervisor Comments agenda item.
THIRD ORDER OF BUSINESS Approval of the Agenda
The Agenda had been amended to include 8E Audit RFP.
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board approved the Agenda, as presented.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items (3 minutes on Agenda Items)
Terri Silva, the Director of the HOA Board, would like the full agenda packets available to the residents. District Manager Teague stated that he will send these to anyone who requests them by email. The Board would like to have the option to put the whole packet on the web. This will be investigated by staff.
FIFTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Regular Meeting Minutes from October 21, 2021
P. 9 Dudashay should be spelled Dudycha in two instances
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board approved the Draft Regular Meeting Minutes for October 21, 2021, as amended.
B. Draft Continuation Meeting Minutes November 16, 2021
P. 17 Youther should be spelled Huether
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board approved the Continuation Meeting Minutes for November 16, 2021, as amended.
C. Ratification of Continuation Meeting Minutes for November 23, 2021
Attorney Eckert explained that he completed the minutes, because WHA did not do them. Supervisor Geltner believed that no Board action to change Board officers should have been made at this meeting. Attorney Eckert explained that he had used the standard form. District Manager Teague stated that any change in officers calls for a new vote.
On MOTION by Chair Pike, seconded by Vice Chair Jenner, with 4 in favor, and Supervisor Geltner voting no, the Board approved the Continuation Meeting Minutes for November 23, 2021, as presented.
SIXTH ORDER OF BUSINESS Staff Reports
i. Stormwater Management 20 Year Needs Analysis Update
Engineer Barraco stated that this new report is now required, and he is establishing a proposal. Attorney Eckert stated that the deadline is the end of June. Mr. Barraco stated that he had received a template from the state, and it is an extensive process that will need coordination with the District Manager. It is a requirement for any CDD with a stormwater system.
ii. Lake Bank Maintenance Lakes 8 & 18 Update
The Board discussed the status of the repairs and if they should include other lakes at this time, which would be all 21 lakes that could be completed along with Lakes 8 & 18. District Manager Teague stated that there is a five year plan for all the lakes that he believed was approved previously by the Board. They also discussed the need to have the slopes at 4:1, and that it is a requirement of the Southwest Florida Water Management District. District Manager Teague stated that Field Manager Pepin will look at all the lake banks and map out what is needed. Supervisor Teckorius was concerned that there would be legal concerns if the Field Manager examines and reports on the lakes. Attorney Eckert agreed that the Engineer should be the one to make the plan and then coordinate with the District Manager. This item will be discussed further a future meeting.
iii. Scope of Work for Competitive Bids for Lakes Compliance
Engineer Barraco reported that this had previously been a discussion item, but there was no action taken. Attorney Eckert suggested that the Board ensure that the Engineer is in charge of any lake remediation. There was concern that engineering and legal are already over budget. It was stated that Field Manager Pepin will do his inspection later in January, and the Board should wait on the shoreline reports until the water is lower. The best time to investigate erosion is March. At this point Lake 8 has the tube in and the sod will be placed in the rainy season. The District Manager will review the system and work with the Engineer as needed.
In response to Supervisor Canoura’s question, Engineer Barraco stated that he will inspect properties that had violations to see if reparis were done correctly. He will not certify any individual work until all properties’ remediations have been completed. Then it will be reported to the CDD and South Florida Water Management District for their records.
i. Counsel Opinion Regarding District/Board Liability Exposure
Attorney Eckert had no comment, because he had not asked to have it in his report.
ii. Resolution 2022-04: Prompt Payment Policy
Attorney Eckert reported that the State legislature changed the late payment charge for contractors from 1% to 2%, unless the policy is followed. This resolution is to require that a late payment policy to dispute an invoice be followed to avoid penalty. This replaces a District policy currently in place.
On MOTION by Supervisor Teckorius, seconded by Chair Pike, with all in favor, the Board approved Resolution 2022-04: Prompt Payment Policy.
C. District Manager
i. Board Goals and Objectives Discussion
District Manager Teague would like the Board to send him suggestions on the priorities that it would like to accomplish. At this meeting they have discussed swales, violation notices, the 20 year plan, erosion, among others.
ii. Transition Update
Documents from the previous management company continue to come in. They paid themselves through the end of December, 2021, but their contract ended on December 20, 2021. Chair Pike and Attorney Eckert were following up on this.
Supervisor Geltner was concerned that all of the documents from WHA will not be received. Chair Pike stated that District Manager Teague is noting what as come in and what is still needed.
The Board discussed the need for a record retention policy. Chair Pike stated that he would like to see this on the next Agenda.
iii. Record Retention and Website ADA Compliance
This was discussed previously.
iv. Unaudited Financial Statements for September, October, and November 2021
District Manager Teague stated that PDM is working on the December financials. In the future, the reports will be available after the 10th of each month.
The Board discussed various items from the budget.
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board agreed to accept the Financial Statements for September, October, and November, 2021.
D. Field Manager
i. Expectations from the Board
Field Manager Pepin stated that he will have the initial inspection completed in the near future and will send it out to the Board.
ii. Stormwater Concerns
a. MRI Inspection Report
District Manager Teague reported that the inspection report was completed on October 27, 2021. At the time of the report the entire pipe at the opening structures had been cleaned and vacuumed.
The Board discussed the advantages of cleaning the pipes without inspection. District Manager Teague stated that the cleaning would be approximately $50,000. The Board would like three bids on cleaning all 57 pipes. If there is a place in the community to dump the material, there won’t be a charge; otherwise the cost is $300 per load. The Board and the HOA could possibly look for a property. Chair Pike believed that the contractor should deal with the disposal of the soil and possible contaminates. Upon District Manager Teague’s request, Engineer Barraco will get the total length of the pipe to the staff.
b. Stormwater System Inspection Frequency Discussion
District Manager Teague stated that Field Manager Pepin does the stormwater inspections quarterly.
Supervisor Geltner stated that the signage for the conservation areas needs to be updated. District Manager Teague stated that Field Manager Pepin will inspect this and have it in his report. The specifics of placement and sign verbage will follow Moody River’s plan, which is in the rules.
SEVENTH ORDER OF BUSINESS Old Business
A. Ratification of Resolutions 2022-02 and 2022-03
Resolution 2022-02 concerns the Board reorganization, if necessary. Resolution 2022-03 gives the Chair the authority to sign checks between meetings.
On MOTION by Chair Pike, seconded by Vice Chair Jenner, with 4 in favor, and Supervisor Geltner opposed, the Board accepted Resolution 2022-02.
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board accepted Resolution 2022-03.
B. Permit Concerns and Solutions
i. SFWMD General Inspection Report
The Board also discussed the first letters that had been sent out to those with stormwater swale violations. It was reported that half of those contacted had responded. They thought that it was time to send out a second letter to those who had not.
On MOTION by Supervisor Teckorius, seconded by Chair Pike, with all in favor, the Board commissioned Attorney Eckert to send a second letter to those who had not responded concerning stormwater violations, and to do so in a timely manner by March 31, 2022.
C. MRI Proposal for Dewatering Lakes 9 to 12
This proposal was on the Agenda in October, and it addressed the need to clean the structures and pipes going in to Lakes 9-12. The Board and District Manager Teague discussed the cleaning, and it was stated that this could be done when all the pipes are being cleaned.
D. Correspondence Regarding Review of Facilities Maintenance Agreement
This was from the October meeting, and it referred to the cleaning of the monuments and the facilities maintenance agreement between the CDD and HOA. This was tabled.
EIGHTH ORDER OF BUSINESS New Business
A. Fiscal Year 2022 Meeting Schedule
The Board discussed the difference between workshops and townhalls, and decided that all previously scheduled workshops should be changed to be meetings to allow for Board actions at them. They also decided to change the time of the meetings to 1:00 p.m.
On MOTION by Vice Chair Jenner, seconded by Supervisor Teckorius, with all in favor, the Board agreed to change workshops to meetings and to begin all meetings at 1:00 p.m., beginning on the February, 2022 meeting.
B. Lake 6 Fountain Pump & Motor Repair Proposal
It was mentioned that the pump and motor could be purchased online at a lower price than that previously quoted.
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board authorized the District Manager to negotiate a price for the Lake 6 Fountain Pump and Motor purchase, not to exceed $4,323.87.
C. MRI Stormwater System Inspection Proposals
This was discussed previously in the meeting.
D. ARC Applications
The ARC had been directed to contact the CDD for review of permit applications impacting anything being done on CDD property. Attorney Eckert will address this with the HOA.
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board authorized the Attorney to develop the process for the HOA and the CDD collaboration on ARC applications.
E. Audit RFP Package
As previously discussed, District Manager Teague stated that the current auditor declined to do the audit this year. Staff will get proposals from other auditors by February 18, 2022. There will be a committee meeting before the next meeting to discuss the proposals. The draft audit RFQ had some clerical errors, which includes the following:
Section 4 title should be consistent
Section 4 insert Moody
Section 5 reference to Section 12
Section 12D delete sentence after the words renewals all sections referring to bonds
Changes in calendar hours
On MOTION by Supervisor Geltner, seconded by Vice Chair Jenner, with all in favor, the Board agreed to have the clerical errors changed in the previous Audit Request for Qualifications except for the deadline date.
NINTH ORDER OF BUSINESS Next Meeting Quorum Check
The next meeting will be on February 24, 2022 at 1:00 p.m. A quorum will be present.
TENTH ORDER OF BUSINESS Supervisor Requests/Comments
Supervisor Teckorius referred to Pgs 106-112 in the SFWMD report noting that the Engineer should document the remedies for the violations. Engineer Barraco does not agree that this is what was stated. Supervisor Teckorius believed we should find out the cost for remedying the violations.
Supervisor Geltner would like the next Agenda to include his report on a potential violation of the Sunshine Law.
Supervisor Canoura pointed out that a power point presentation is available on water management of the lakes and other related items.
ELEVENTH ORDER OF BUSINESS Audience Comments (3 minutes on any topic)
Susan Garling asked if there had been follow up with the Moody River North residents that had received violation notices. She also encouraged a complete audit of the status of compliance for these violations. She would like more information included in reports about the stormwater quarterly inspections. In addition, she would like email addresses for sending ARC applications.
A resident wondered if the central and south sections of the District have had inspections completed for potential swale violations.
Omar Abdoe had enjoyed the availability of zoom meetings today. He also stated that they had used rip rap when he lived up north, and he wondered if that is used here. In addition, he stated that there is a rumor about the CDD starting a project on the boat launch, and he was concerned about the cost.
TWELFTH ORDER OF BUSINESS Adjournment
On MOTION by Chair Pike, seconded by Supervisor Canoura, with all in favor, the Board agreed to adjourn at 3:08 p.m.
The next Regular Meeting is scheduled for February 24, 2022 at 1:00 p.m.