Amended Meeting Minutes for March 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, March 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)
Wes Kayne – Engineer, Barraco and Associates
Mike Eckert – Attorney, Kutak Rock, LLP
Morgan Brown – Sewer Viewer, Inc.
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, Wes Kayne, the Engineer, Melissa Gindling of PDM, and Several Residents. Participating via web conference were Mike Eckert, the Attorney, Morgan Brown from Sewer Viewer, and Some Residents.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Chair Boland stated that the Audience can comment after each motion.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, 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
Items 4Di, 4Dii, and 4Diii were pulled for discussion.
i. Public Comment on Balance of Items
There were no public comments.
B. Motion to Approve Balance of Items
All items were pulled. There was no balance of items on the Consent Agenda.
C. Consideration of Items Pulled for Discussion
i. Public Comment Taken on Each Pulled Item as it is Considered
There were no public comments on pulled items.
D. Consent Items
i. Approve Meeting Minutes from February 16, 2023
Lines 25 & 102 Change “Teresa Silva” to “Susan Garling”
Line 53 Remove second sentence
Line 56 Verify Mary Ann’s name
Line 57 Change “aerators be installed in the fountains” to “fountains be installed on Lakes 9 and 16”
On MOTION by Supervisor Geltner, seconded by Supervisor Meade, with all in favor, the Board accepted the Meeting Minutes from February 16, 2023, as amended.
ii. Monthly Financial Summary for the Month of February 2023
Chair Boland had several comments on the Financials:
He asked why the revenue funds are short, and District Manager Teague stated that it is because the taxes are not due yet.
Chair Boland asked why there was a large charge to the legal advertising account. District Manager Teague stated that some advertising invoices were sent to the previous management firm, so the account had to be caught up and paid.
Chair Boland stated that he forecasts that the CDD’s legal and engineering expenses will overextend, and the Board should be aware of adding charges.
District Manager Teague stated that the fund balance will be approximately $87,914 when taxes start coming in, which is better than last year, and they should receive approximately $23,000 from FEMA. He stated that the interest earned levels are also at a desirable rate of 4%.
On MOTION by Chair Boland, seconded by Supervisor Geltner, with all in favor, the Board accepted the February 2023 Financials, as submitted.
iii. Report on Pond Watch
Supervisor Krukowski summarized his report and stated that he had recently attended a seminar. He stated that the lakes are in good condition, except for high phosphorus levels. He stated that he is researching Eutrosorb, which could possibly be used as a treatment for the phosphorus. He stated that ponds and aeration will be added to next month’s Agenda.
On MOTION by Supervisor Krukowski, seconded by Supervisor Geltner, with all in favor, the Board accepted the February Pond Watch report, as presented.
FIFTH ORDER OF BUSINESS Business Items
A. Action List Format/Review
There was discussion on the format and the purpose of the Action List, and which items should be tracked. It was decided that Vice Chair Jenner and Supervisor Geltner will separately confer with District Manager Teague, and the Action List will be revised after their discussion.
B. Letters to Moody River South and Central Homeowners Regarding Berm/Swale Violations
District Manager Teague had included a draft of the letter in the packet. Supervisor Geltner was concerned about the use of the word “violation”, and the Board agreed. He stated that the letters should have more detail, specifying what the issue is and the requested remediation. There was discussion on the desired language of the letter, and what it should include. There was also discussion on how Barraco and Associates would bill the residents. Engineer Kayne stated that the overall goal for sending the letter is to have issues resolved, so that there is not an eventual violation of a permit. The manner of informing the residents of their specific issue, and the steps that would be taken to assist them in remediation were discussed. With input from Attorney Eckert, it was stated that the CDD should pay for the initial visit to the homeowner and the verification of successful remediation, and that the homeowner should pay for the remediation. The homeowner could select Barraco and Associates or an engineer of their choosing for the reparation. Engineer Kayne recommended that a workshop be scheduled so that the residents can further discuss the issue, and it was stated that the time and place should be added to the letter. Supervisor Geltner believed that he should abstain from a vote on the letter, because he lives in one of the areas in question, and Attorney Eckert agreed.
On MOTION by Supervisor Krukowski, seconded by Vice Chair Jenner, with 4 in favor and Supervisor Geltner declaring a potential conflict and abstaining, the Board approved the distribution of a letter to residents in Moody River Central and South concerning issues with berms and swales, with revisions made by the District Manager, including the addition of a time and place for a workshop. The letter should first be sent to the Board members for review and information, and to the Engineer for final approval.
SIXTH ORDER OF BUSINESS Supervisors’ Items
A. Proposed Stormwater Management Plan
Chair Boland had included in the packet a draft of a sample stormwater management plan, and he asked the Board to review it and send their comments to District Manager Teague. He recommended finalizing a plan by the end of the year. Supervisor Geltner suggested the inclusion of a reference to the 20 year needs analysis, which is prepared and submitted by Engineer Barraco.
B. Discussion of Monthly Street Sweeping
There was discussion on the needed frequency for street cleaning, and 3 to 4 per year was considered. District Manager Teague stated that Chris had estimated the cost at $750 per sweep. The Board decided to obtain a proposal which would include several frequency options and their cost.
C. Proposed Policy Related to Restoration and Maintenance
Supervisor Geltner stated that restoration and maintenance of CDD assets should comply with State law. After reviewing the statutes, Attorney Eckert did not see any legal reason to establish a policy, as long as there is consultation with the District engineer and District counsel. After discussion, it was decided to table this until the next meeting, after the Board has had the opportunity to review the issue and Attorney Eckert’s comments.
SEVENTH ORDER OF BUSINESS District Engineer Items
A. South Florida Water Management District – Moody Canal
i. 13441 & 13461 Seaside Harbour Drive
Engineer Kayne stated that the homeowner at 13441 had satisfactorily completed the remediation, but the issue on 13461 has not been resolved. The homeowner’s pool encroaches into the CDD’s easement, and Engineer Kayne met with the homeowner to discuss possible options for a resolution. After consultation with Attorney Eckert and District Manager Teague, the Board determined that the homeowner should remove the encroachment or produce an agreement or option for its correction.
B. Lake Bank Remediation
Engineer Kayne stated that some of the lakes have been mowed, and the rest should be completed by next week, and the Engineers can then complete their inspection.
He also stated that they will be submitting the LDO amendment for Lake 12, after it is signed after today’s meeting.
EIGHTH ORDER OF BUSINESS District Manager Items
A. FEMA Reimbursement
District Manager Teague had included a summary of the current and proposed expenditures in the packet, and he stated that $20,803 had been spent to date, which includes the stormwater system inspection and debris cleanup. The stormwater system cleaning, preserve cutbacks, and monument cleaning will be submitted for FEMA reimbursement, if the Board desired to pursue these issues.
B. Update on Lee County Code Violations for Lakes 8 and 12
District Manager Teague stated that the code agreement for the inspection had been approved and signed. He stated that there was a meeting with the contractor last week, and they are just waiting for the contract to be signed, with revisions, and sent to the vendor. The cost will be $15/foot for Lake 8 and $35/foot for Lake 12, and the anticipated start time is two weeks. Mr. Teckorius recommended that Barraco and Associates stake a control line to identify the high water elevation, and Engineer Kayne stated that there would be a cost. Chair Boland stated that the control line is for risk control, and he asked Engineer Kayne to have it done. Chair Boland recommended that residents be notified about the construction, and Susan Garling stated that she will ensure that they are notified.
C. Shared Electrical Meter Arrangement
Attorney Eckert had drafted an agreement between the HOA and the CDD, stating that two meters with shared use will be transferred to the HOA, and the CDD will pay the HOA quarterly for electric usage consumed by CDD equipment. Supervisor Geltner stated that he did not believe that the agreement was necessary, and Attorney Eckert stated that they must ensure that the CDD is not paying for non-public entities. The Board agreed to approve the agreement and send it to the HOA.
On MOTION by Supervisor Krukowski, seconded by Supervisor Meade, with all in favor, the Board approved the agreement between the CDD and the HOA to transfer meters #17223743 and #3900034 to the HOA, with the CDD paying the HOA quarterly for electricity, and with the Chair authorized to sign.
D.FY 2024 Budget Goals and Objectives
District Manager Teague requested that the Board send him any requests for the Budget, and he stated that the draft Budget will be forwarded to them before the next meeting. Chair Boland recommended scheduling a workshop on the Budget, and the Board agreed to schedule it at the next meeting.
E. Monument Signs Proposal
District Manager Teague stated that Field Manager Pepin had observed damage to the monument signs after the hurricane. They have been unable to secure a contractor, but the HOA had a contractor who could complete the project, and he had submitted a proposal. After discussion, the Board determined that the repairs needed are not hurricane-related and should be addressed by the HOA per the current maintenance agreement. The Board also requested District Manager Teague to remove this item from the FEMA requests for reimbursement.
NINTH ORDER OF BUSINESS Field Manager Items
A. March Field Maintenance Report
The report was included in the packet, and there was no discussion.
B. Storm Water Management System Inspection
Morgan Brown from Sewer Viewer summarized his report and stated that the system is in overall good condition and is working well. He stated that there are some construction materials that need removal in the North catch basins, and a missing grate needs to be replaced in Central. In S-14 and S-27 of his illustration the lake banks have sloughed off and the lake connector pipes should be fixed and cleaned. He recommended cleaning 54 maintenance basins, and he will ensure that a proposal is forwarded to the Board. Chair Boland asked how often the system should be cleaned, and Morgan stated that periodic cleaning would be sufficient, but not every year, and the system should be cleaned after a major event. District Manager Teague stated that the cleaning has been submitted to FEMA at the cost of $75,000, and since FEMA requires alternate bids, the Board will seek other proposals. After questions and further discussion, the Board approved the cleaning of 54 basins in the stormwater management system. They also decided to ask Field Manager Pepin for a proposal for cleaning other issues in the system.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with all in favor, the Board approved cleaning 54 basins of the stormwater management system, not to exceed $75,000, with the Chair authorized to sign.
C. Fence Line Clearing Estimate
A proposal was received from Pristine Lakes to cut back all vegetation along all the preserve fences at the cost of $16,050.
Supervisor Meade, seconded by Supervisor Krukowski, motioned to approve Pristine Lakes to cut back all vegetation along all the preserve fences. Motion withdrawn prior to Board vote.
There was discussion on the area to be cut back, and how far into the preserve the trimming should be. Attorney Eckert stated that it should be verified that the proposed trim is permitted by Lee County code and any conservation permit or easement that is applicable. Chair Boland stated that it also should be determined if Ameriscape has already trimmed it. He asked District Manager Teague to request that Field Manager Pepin ascertain what can or cannot be trimmed, what has been trimmed, and the requirements of the preserve permit.
D. Phase 2 Electrical Panel Replacement
District Manager Teague stated that the agreement with the contractor has been signed, but they are still waiting for AA Action Electric to send them their deposit invoice. He stated that Chris is following up weekly, but they have not been responsive.
E. Fountain Operations
The fountain on Lake 12 is down because of a bad pump, and Lake Doctors had submitted a proposal to replace it at a lower horsepower. Supervisor Krukowski stated that Chris was successful in his request to Lake Doctors for an increased warranty. He also stated that fountains and aerators will be on the Agenda next month because of issues which need to be addressed.
Chair Boland asked Supervisors Krukowski and Meade to work independently with District Manager Teague on next month’s Agenda.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with all in favor, the Board approved the replacement of the pump on Lake 12 with a 3 horsepower pump, not to exceed $9983.34.
Vice Chair Jenner left the meeting at 4:00 p.m.
TENTH ORDER OF BUSINESS District Counsel Items
A. CDD Responsibility of Berm and Swale
Attorney Eckert stated that he will present his written memorandums for Moody River South, Central and North at a later date.
B. Recommendation for 13461 Seaside Harbour
Attorney Eckert had provided his opinion earlier in the meeting, and he stated that the recommended letters had been mailed.
C. Vegetation Issue
Attorney Eckert stated that he has been in communication with the HOA’s attorney concerning vegetation in CDD easements. He communicated to their attorney that any removal of vegetation or installation of new plantings in CDD easements is not allowed, if they interfere with the functioning of the stormwater management system. He stated that the attorney has been very responsive.
ELEVENTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Lynn Morris commented that the vinyl fencing is owned by the HOA, and she wondered if there is liability because a fence is down. She also suggested lake signage.
Helen Gray commented that a fountain light in Lake 10 has been out for 2 months.
John Hofstetter commented that there is a pole sticking out of Lake 10, and there is also overgrown vegetation on the lake bank.
TWELFTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Geltner, seconded by Supervisor Meade, with all in favor, the Board agreed to adjourn at 4:34 p.m.
The next Regular Meeting is scheduled for April 20, 2023 at 1:00 p.m.