Amended Meeting Minutes for October 20, 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 Clubhouse at Moody River Estates, 3050 Moody River Boulevard, North Fort Myers, Florida 33903, and also via web conference on Thursday, October 20, 2022 at 1p.m.
Present (or attending via web conference) and constituting a quorum were:
Chris Jenner – Chair
John Boland – Vice Chair
Julie Canoura – Assistant Secretary
Robert Geltner – Assistant Secretary
Shawn Meade – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Carl Barraco – Engineer, Barraco and Associates
Chris Pepin – Field Manager, Field Management Services
Mike Eckert – Attorney, Kutak Rock, LLP
Kate John – Attorney, Kutak Rock, LLP
Susan Garling – HOA Board President
Teresa Silva – HOA Board Vice President
Patti Wachter – HOA Board Secretary
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 four Board members were present, with Supervisor Geltner attending via web conference. Also in attendance were Cal Teague, the District Manager, Carl Barraco, the Engineer, and Several Residents, including Susan Garling, Teresa Silva, and Patti Wachter of the HOA. Participating via web conference were Mike Eckert, the Attorney, and Kate John, Attorney, and Several Residents.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Combine 9C and 9D
On MOTION by Supervisor Meade, seconded by Supervisor Canoura, with all in favor, the Board accepted the Agenda, as amended.
FOURTH ORDER OF BUSINESS Audience Comments (3 minutes, agenda items only)
There were no Audience comments on the Agenda.
FIFTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes from September 1, 2022
Line 4 Remove John Boland and Shawn Meade
Line 21 Add “comments from each applicant” and “select candidates for both seats today”
Line 25 Add “give his recommendations, including adding of the Pledge of Allegiance before each meeting”
Line 84 Change “cold to could”
On MOTION by Supervisor Meade, seconded by Supervisor Canoura, with all in favor, the Board approved the Draft Meeting Minutes from September 1, 2022, as amended.
B. Draft Meeting Minutes from September 12, 2022
Line 52 Change “will be discussed earlier” to “will be discussed later”, as submitted by Attorney Eckert.
On MOTION by Supervisor Meade, seconded by Supervisor Canoura, with all in favor, the Board approved the Draft Meeting Minutes from September 12, 2022, as amended.
SIXTH ORDER OF BUSINESS Staff Reports
Engineer Barraco stated that he had met with Vice Chair Boland, District Manager Teague, and Lee County staff concerning the requirements and issues for lake bank remediation, and he felt that it was a very productive meeting. District Manager Teague stated that the County staff was open to 1 LDO for the entire community, with various options permissible for remediation of the lake banks, and it would not require renewal each year. He also stated that the District could submit a lake bank remediation proposal for the County’s consideration. Vice Chair Boland stated that his understanding was that the County would accept all options for restoration, except rip rap.
Engineer Barraco stated that each development order has a published duration, which he believes is up to 5 years, and the order can be set up for the whole community and divided into phases. He also stated that it was not the County’s intention to give the District several different options, but the CDD could choose an option out of all those that are available. In addition, he stated that each repair method has a different cost and a different level of reliability, and the CDD would need to decide on the method with the best reliability. In response to Supervisor Meade’s question, Carl stated that different methods can be used for different lakes. Supervisor Canoura wondered if there would be a warranty for workmanship and materials, and Engineer Barraco stated that it could be inserted into the contract, but there is no guarantee that the company would agree to it.
Carl also stated that SFWMD had clarified 5 areas with violations of the north berm elevations, with 4 to 6 other areas that they will evaluate, and he hopes to receive a letter detailing what needs to be addressed. The Board requested that Engineer Barraco develop a proposal for remediation of the north berm and present it at the next meeting.
Supervisor Canoura had been asked by residents if violations from the SFWMD can be waived, and Attorney Eckert stated that they could not.
Attorney Eckert stated that his associate Kate John is also present via web conference and will be working with him on Moody River Estates, but the District is only paying for one attorney, when the attorneys are in attendance.
He reported that the MOU that the Board had authorized has been completed and sent out, and District Manager Teague will be working with the HOA on its execution.
C. District Manager
i. Financial Statements for August and September 2022
District Manager Teague reviewed the Financials and stated that the fund balance at the end of the fiscal year before Audit is $77,858, and it will take them through a couple months until the assessments begin coming in. Supervisor Boland noted that it will be tight, because of the needed expenditures. Supervisor Canoura had questions about the arbitrage rebate and the status of funds that will not be used for the study to consider the purchase of the Moody River East property for the boat launch.
On MOTION by Supervisor Meade, seconded by Vice Chair Boland, with all in favor, the Board accepted the August and September 2022 Financials, as submitted.
ii. Hurricane Ian Storm Damage Discussion
District Manager Teague stated that the CDD can be reimbursed by FEMA for cleanup costs, including the debris in the preserves. Staff has already opened an account and filed a small project category, which is less than $1 million. Supervisor Canoura suggested that Firewise perform a risk analysis report for fire hazards in the preserves, which will aid in the cleanup. She also asked if the lakes can be inspected for debris, and District Manager Teague stated that they can get a diver. In response to Chair Jenner’s question, Attorney Eckert stated that the CDD is not liable if a tree with no defect on CDD controlled property falls onto homeowner property as a result of the hurricane.
ELEVENTH ORDER OF BUSINESS Field Manager
Field Manager Pepin reviewed his maintenance report and updated the Board on several issues:
A. Shoreline Maintenance
Chris reported that the Condo Associations had cut the tall grass around the lake banks. He stated that, after his inspection, the shorelines look much cleaner and it is much easier for the lake management company to access the lakes.
B. Fish Kill Cleanup Agreement
Chris reported that Solitude’s ground crew had been onsite for 3 days completing this task, at the cost of $6,996, and they are requesting an agreement from the CDD, so they can be reimbursed for the project’s completion. The Board requested a more detailed report before they can make a determination.
C. Pole Sticking Up in Lake 10 Update
This is a large PVC pipe that is sticking out of the water and was more than likely placed there during the construction phase to easily locate the inter-connect pipe within the lake. The pipe is on the larger side, and we will attempt to remove it or cut it down, when the water levels get lower this winter.
EIGHTH ORDER OF BUSINESS Old Business
A. Fountain Operating Costs & Updates
District Manager Teague stated that 2 meters had been transferred, one to the CDD and one to the HOA, with two others needing to be adjusted, so the different services can be properly billed to either the CDD or the HOA.
He reported that the fountains are on from 5 p.m. to 9 p.m., and Supervisor Geltner wondered why they were not on at staggered times throughout the day, as had been previously agreed upon. Chair Jenner stated that there would have been more cost if they were turned off and on multiple times during the day. The Board agreed to continue the 5 p.m. to 9 p.m. operation.
Supervisor Canoura had researched Eagle Fountains as a company to replace Solitude, and Vice Chair Boland will investigate the merits of the company.
B. Water Quality
i. Bill Kurth at Solitude Project/Contract Follow Up
Staff met with the regional manager that replaced Bill Kurth, and he acknowledged the problems with invoicing, delay of response, and delay of services, but there was no resolution. They say that they will work to correct these issues.
ii. Pond Watch Update
The report had been distributed to the Board, and District Manager Teague stated that this will no longer be on the Agenda, unless there is a specific item from the report that the Board would like to discuss.
C. Lake #8 Status
i. Littoral Planting Follow Up
Engineer Barraco recommended that the lake remediation be completed before littorals are planted. This will be tabled until a later date.
ii. Repositioning the Fountain Update
This project had been completed.
D. Lake Bank Erosion Remediation
Chris had noted during his inspections after the hurricane that some of the newly restored shoreline on Lake 8 had been damaged by the mowers. Engineer Barraco will investigate and report back to the Board.
E. Phase 2 Electrical Panel Replacement Quote Updates
They were having trouble getting quotes from companies for completing the project. They will continue with inquiries.
F. Lake, Fountain, Aerator & Preserve Maintenance Bids Follow Up
The Board was asked if they would like to discontinue services with Solitude, and, if so, Chris recommended Aquatic Weed Control for lake and preserve maintenance, and Lake Doctors for fountain and aerator maintenance, with the total annual cost of $32,768. District Manager Teague also stated that Premier Lakes was sending a proposal for all services. Supervisor Canoura stated that she has been favorably impressed in her contact with Lake Doctors. The Board decided to verify the previous bids and investigate Premier Lakes.
NINTH ORDER OF BUSINESS New Business
A. Hurricane Ian Clean Up Update
i. Chris reported that the cleanup along the edges of the preserves started on October 17th. The vegetation that had fallen out of the preserves is being pulled back in and spread out.
ii. Multiple areas along the black chainlink fence adjacent to the preserves that have been damaged will need to be replaced. If this is a CDD expense, all the locations will be logged, and Chris will start obtaining repair estimates.
iii. A trash and debris cleanup of all the lakes will be completed in the upcoming weeks.
iv. The trees around the lakes that have been destroyed by the storm will be cut down and removed. They are also addressing the issues that arise as they cut back vegetation that has fallen out of the preserves.
v. All fountains have been turned back on and are operating from 5 p.m. to 9 p.m. The fountain on Lake 16 cannot be turned on until the vegetation blocking the control panel has been cut back. An update stated that this has been completed. There is an aerator out on Lake L-9, which will be repaired.
vi. The homeowner at 3100 Midship Drive had a pine tree fall on their house during the hurricane, and they would like reimbursement for its removal. They will send pictures and an estimate to staff for having the CDD cut and remove the tree, and it will be sent to the Board for their consideration for reimbursement.
vii. Staff recommends that the stormwater management systems be inspected, and the Board agreed to have this done.
viii. Staff pointed out that there will be additional expense for field management as they clean up the community.
Supervisor Canoura left at 2:47 p.m.
B. Fountain Selection
The Board agreed that fountains will only be replaced when needed, and they will consider other companies than Solitude for their replacement.
C. SWFWMD Stormwater System Brochure and Workshop Discussion
Vice Chair Boland recommended placing a brochure on stormwater systems from the SWFWMD on the website. The Board agreed to do so, but they will obtain a brochure from SFWMD and use it instead.
Vice Chair Boland also recommended that a workshop on stormwater management be held in December. The Board agreed to do so and will ask for presentations from experts. The Board will finalize a workshop and/or regular December meeting at the November meeting.
TENTH ORDER OF BUSINESS Supervisor Requests/Comments
A. Monuments Maintenance
Table until the next meeting.
B. Discussion on Usage and Process for Legal Assistance
Table until the next meeting.
Supervisor Meade commented on the late arrival of his Agenda packet from Fed-Ex.
ELEVENTH ORDER OF BUSINESS Audience Comments (3 minutes on any topic)
Teresa Silva complimented the Board on a shorter meeting.
Bill Krukowski commented on the fountains running at night, and he believes that they should run earlier in the day. He also reported that the pond watch committee takes samples from Lakes 10, 11, and 12 each month for a baseline, and then they test one other lake. In addition, he commented that if the Board reimburses the homeowner for removal of the tree that fell on their property, this could start a precedent of other homeowners asking for reimbursement each time a tree falls on their property.
Susan Garling commented that she observed 2 new electric meters that need replacement, in addition to those that are already being replaced. She also commented that she needs a list of those lake banks that had been damaged from the mowers after the hurricane. In addition, she commented that the lakes that don’t need remediation need littorals replaced.
TWELFTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Meade, seconded by Vice Chair Boland, with all in favor, the Board agreed to adjourn at 3:06 p.m.
The next Regular Meeting is scheduled for November 17, 2022 at 1:00 p.m.