Amended Meeting Minutes for September 1, 2022
Moody River Estates
Community Development District
The rescheduled 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 was available via web conference on Thursday, September 1, 2022 at 1p.m.
Present (or attending via web conference) and constituting a quorum were:
Chris Jenner – Chair
Julie Canoura – Assistant Secretary
Robert Geltner – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Carl Barraco – Engineer, Barraco and Associates
Wes Haber – 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 regular 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, and Several Residents, including Teresa Silva, and Susan Garling of the HOA. Participating via web conference were, Carl Barraco, the Engineer, Kate John and Wes Haber, Attorneys, Patti Wachter of the HOA, and Several Residents.
SECOND ORDER OF BUSINESS Approval of the Agenda
On MOTION by Supervisor Julie Canoura, seconded by Supervisor Geltner, with all in favor, the Board accepted the Agenda, as submitted.
THIRD ORDER OF BUSINESS Audience Comments (3 minutes, agenda items only
Teri Silva stated that a petition was distributed throughout the community, requesting that all of the fountains be turned on, and it had the signatures of approximately 233 people. She gave it to the Board. She also commented that she does not believe that the Board needs 12 meetings per year, and that the meeting expense savings could be applied to the cost of running the fountains.
Sid McKenna commented that he supported the petition.
Lynn Morris commented that her review of the July meeting referencing the cost of fountain maintenance seemed inexpensive, and she requested information that would show that the costs are extremely high. She also commented that she would like more information on the erosion resulting from operating fountains and the costs of repairs.
John Hofsteader requested that the visible pipe at Lake 10 be cut shorter.
Margaret Lawrence commented that she appreciated the answers she had received from the Board about the fountains, and she would like to have had more information provided.
FOURTH ORDER OF BUSINESS Consideration of Resignation of Supervisor Pike
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board accepted the resignation of Supervisor Pike.
FIFTH ORDER OF BUSINESS Consideration of Appointment to Fill Vacant Seat #2
Vice Chair Jenner stated that there were three items to cover in the selection process. First, he asked if the Board would like to fill both available seats today. Secondly, he asked if the Board would like comments from each applicant, and thirdly, he asked if the Board would have any questions that they would like to ask the candidates. The Board decided to select candidates for both seats today, allow the candidates to make a presentation, and to ask the candidates questions, if any Board member desired to do so.
There were six candidates who made application to be on the Board of Supervisors. They each gave presentations and answered questions from the Board. They were:
Melody Van Horn summarized her business background, and stated that her main goal would be to promote the transparency and communication of the Board with the community. She also stated that she will look at the hard facts and look at the CDD’s financial capability to address the issues.
Shawn Meade stated that he had been on the ARC committee at another community, and he is therefore familiar with stormwater management. He also understands surveys and can read and interpret plats. As a retired police officer, he understands how government works and is familiar with government statutes and the issuance of bonds. He believes that there should be more cooperation between the HOA and the CDD. He stated that he had concerns about lake management as it relates to the budget.
Al Young summarized his experience in engineering domestically and in the military and in running a large business company. He has experience in leadership on numerous committees for community improvement and has served in an HOA. His concerns include lake management, and he is willing to study the budget and give his recommendations, including addition of Pledge of Allegiance before each meeting.
John Boland stated that he had been a CEO at Storm Smart, and that he had been the president of an HOA where he oversaw the recovery from Hurricane Irma. He also stated that he has experience in economic development and was an executive officer with Lee County. In addition, as a Marine Corps officer, he was involved in the rebuilding of a community. He stated that he is concerned about lake management at Moody River Estates, and he has reviewed the budget.
Bill Krukowski stated that he had been a deputy sheriff, and that he had run his own business. He also summarized his involvement in the community wherever he has lived.
John Eastham stated that his background is in accounting and finance, and that he would look out for the fiscal needs of the community.
At that point the Board deliberated and gave their recommendations.
On MOTION by Supervisor Geltner, seconded by Vice Chair Jenner, with all in favor, the Board appointed John Boland to fill vacant seat #2, effective upon completion of the oath of office.
SIXTH ORDER OF BUSINESS Oath of Office
The Oath of Office was administered to John Boland by District Manager Teague.
Supervisor Boland joined the Board for the meeting.
SEVENTH ORDER OF BUSINESS Consideration of Resignation of Supervisor Teckorius
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board accepted the resignation of Supervisor Teckorius.
EIGHTH ORDER OF BUSINESS Consideration of Appointment to Fill Vacant Seat #4
Supervisor Canoura nominated Shawn Meade to fill vacant seat #4.
On MOTION by Supervisor Canoura, seconded by Supervisor Boland, with all in favor, the Board appointed Shawn Meade to fill vacant seat #4, effective upon taking the oath of office.
NINTH ORDER OF BUSINESS Oath of Office
The Oath of Office was administered to Shawn Meade by District Manager Teague via web conference. He stated that Supervisor Meade could sign the appropriate documents when he returned from his trip.
On MOTION by Supervisor Geltner, seconded by Vice Chair Jenner, with all in favor, the Board accepted Shawn Meade’s participation in the meeting via web conference.
TENTH ORDER OF BUSINESS Resolution 2022-11 Officers of the District
On MOTION by Supervisor Canoura, with no second, John Boland was nominated to be Chair of the Board of Supervisors. Motion died.
On MOTION by Supervisor Geltner, seconded by Vice Chair Jenner, with 3 in favor, and Supervisor Canoura and Supervisor Boland opposed, the Board appointed Vice Chair Jenner as Chair.
On MOTION by Chair Jenner, seconded by Supervisor Canoura, with all in favor, the Board appointed Supervisor Boland as Vice Chair of the Board of Supervisors.
Attorney Wes Haber stated that the oath of office for Mr. Meade cannot be administered via web conference without a notary present with Supervisor Meade. He can be considered as appointed as supervisor, but he cannot vote. Supervisor Jenner stated that this negates the previous votes for Chair and Vice Chair.
On MOTION by Supervisor Geltner, seconded by Vice Chair Jenner, with all in favor, the Board appointed Vice Chair Jenner as Chair.
On MOTION by Chair Jenner, seconded by Supervisor Canoura, with all in favor, the Board appointed Supervisor John Boland as Vice Chair.
On MOTION by Supervisor Geltner, seconded by Chair Jenner, with all in favor, the Board adopted Resolution 2022-11 appointing officers of the District, as amended, with Christopher Jenner as Chair, John Boland as Vice Chair, Calvin Teague as District Manager, and Supervisors Julie Canoura, Robert Geltner, and Shawn Meade as Assistant Secretary.
ELEVENTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes May 19, 2022 Follow Up
Chair Jenner had sent an amendment request to District Manager Teague, and those changes had been made.
On MOTION by Supervisor Geltner, seconded by Chair Jenner, with all in favor, the Draft Meeting Minutes for May 19, 2022 were approved, as amended.
B. Draft Meeting Minutes July 14, 2022
*July 14, 2022 Meeting Transcription Attached
At the last meeting, the Board requested a verbatim transcript, and a 6 page sample transcript was compiled and sent out. A 156 page transcript was attached to the July 14, 2022, draft meeting minutes. District Manager Teague stated that the draft meeting minutes are the official minutes, so they need to be approved or amendments can be suggested. The transcript is not to be defined as minutes, it is just an attachment that records everything that was said.
On MOTION by Supervisor Geltner, seconded by Chair Jenner, with all in favor, the Draft Meeting Minutes for July 14, 2022 were approved, as submitted.
TWELFTH ORDER OF BUSINESS Staff Reports
Engineer Barraco reviewed the following items that had been included in his report and which the Board had received:
He stated that the Moody Canal violations are now in compliance, except for 5 homeowners. Three had responded and have developed plans to correct the violation, but two had not. Supervisor Geltner stated that although the North had been inspected, he wondered if there was a report on the inspection of the Central and South for possible violations. Engineer Barraco stated that the report will be sent to the Board in the next few days. Chair Jenner asked if the SFWMD had also inspected it, and Engineer Barraco stated that they had not, but that they only come onsite if there is a significant issue.
Engineer Barraco also reported that the remediation of Lakes 8 and 18 had been started. However, the County required an LDO, which was submitted by Engineer Barraco, and approved by the County. The contractor, Anchor Marine, was retained to complete the repair to Lake 8, with Lake 18 being deferred. Upon Carl’s inspection, he found that it was not completed to his satisfaction, probably because they were making repairs when it was too wet. He plans to ask the County for an extension from the September 22, 2022 deadline, so the project can be completed in the dry season. Vice Chair Boland asked if this could be a problem, and Carl does not believe that there will be any problem with obtaining an extension. District Manager Teague believed that the contractor would leave the project, because they feel that it was complete, and they have not been paid.
A resident that lives on Lake 8 commented on her dissatisfaction with the contractor’s work, and her communication with a County official.
Supervisor Geltner asked about the status of the 20-year stormwater management plan. District Manager Teague will send the Board a copy of the plan that Engineer Baraco had submitted.
Supervisor Canoura stated that she had received a letter from the County that stated that there were no current violations in their records. The Board wondered if this is because the current violation on Moody River Estates North and Lake 8 were being acted on.
Attorney Wes Haber stated that the Sunshine Law, Public Record Law, and the Code of Ethics from the Florida statutes needs to be reviewed with the new Board members. Upon Vice Chair Boland’s request, Attorney Haber or Attorney Eckert will review these with them before the next meeting.
Attorney Haber also stated that Attorney Eckert is working on the MOU and it will be presented at the next meeting.
Supervisor Geltner stated that he believed that the Board had decided to limit the Board members contact with Attorney Eckert, so that the attorney fees are lessened. He stated that he believed that they should direct their statements and requests to District Manager Teague, who will then pass them on to Attorney Eckert. He also suggested that the homeowners be reminded to contact District Manager Teague rather than Attorney Eckert. Chair Jenner also asked to have clarification on the May 30, 2022 invoice. Attorney Haber will pass on these concerns and requests to Attorney Eckert.
C. District Manager
i. Financial Statements for July 2022
District Manager Teague reviewed the financials and the following was discussed:
He stated that, after receipts, there is approximately $37,000 available, which will carry the District to the end of the fiscal year and 2 to 3 months into the next year. He also stated that the available funds can be reviewed when the FY2023 Budget is discussed.
District Manager Teague stated that the FY2021 Audit is complete and will be presented at the next meeting.
On MOTION by Supervisor Canoura, seconded by Chair Jenner, with all in favor, the Board accepted the Financial Statements for Audit for July 2022 .
ii. Resolution 2022-08 FY 2023 Meeting Dates
The Board discussed the need for 12 meetings a year, and if workshops should be added to the meeting dates. District Manager Teague and Attorney Haber stated that this schedule could be posted, and meetings could subsequently be canceled or workshops added.
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, the Board approved the Fiscal Year 2023 meeting dates, setting the meetings for the 3rd Thursday of every month at 1:00 p.m., with the understanding that they can be changed as needed.
THIRTEENTH ORDER OF BUSINESS Field Manager
District Manager Teague reviewed Field Manager Pepin’s Field Report and the following items were discussed:
A. August 2022 Field Management Report
There were no questions on the Field Report.
B. Shoreline Maintenance
Chris stated that the maintenance of the tall grass and weeds around the shorelines of the lakes needs to be addressed. Grass is not being maintained and in some areas there are grasses, weeds, and exotics ranging from 3 to 7 feet in height behind the homes. There was discussion on the responsibility of the CDD, and it was clarified that the CDD is responsible for the areas from the high water mark, and the homeowners are responsible for what is behind it. It was agreed that the grass should be cut more often, but at a height that will secure the bank from erosion and protect from nutrient loading. The HOA should be informed of the issue. Supervisor Geltner asked if the CDD could cut the grass and then bill the HOA, and District Manager Teague stated that they must be given the opportunity to remediate the problem.
C. Service Reports
No reports had been received recently.
D. Lake, Aerator, Fountain & Preserve Maintenance Bids Update
District Manager Teague stated that all proposals from lake maintenance companies are due September 2, 2022, and will be on the next meeting’s Agenda.
FOURTEENTH ORDER OF BUSINESS Old Business
A. Fountain Operating Costs & Updates
There was a spreadsheet in the packet demonstrating the electrical costs for running the fountains. Supervisor Canoura summarized information that she had received, referring to the costs of running fountains at different horsepower speeds, and she believed that they could run at a lower horsepower speed to reduce costs, lessen wave motion and help reduce erosion. In addition, the County informed her that they have no record of any violations for lake remediation, so this could result in less costs for lake maintenance. She also believed that the assessment could possibly be lowered. District Manager Teague recommended that the fountains be run at least 4 hours per day.
On MOTION by Supervisor Geltner, seconded by Vice Chair Jenner, with all in favor, the Board ratified the district manager’s recommendation to turn on the fountains 4 hours per day, and to turn on the fountains from 7:30-9:00 a.m., 11:00 a.m.-1:00 p.m., and 5:00-8:00 p.m.
After discussion, Supervisor Boland stated that he had built pumps in the past, and he will investigate the costs and see what equipment other communities are using. Supervisor Geltner stated that the Board should further investigate all of these factors.
B. Water Quality
i. Bill Kurtz at Solitude/Contract Follow Up
District Manager Teague stated that Bill Kurtz was not able to attend the meeting.
The lack of information in the Solitude invoices was also discussed.
ii. Pond Watch Update
A representative from the pond watch committee stated that they had taken samples and the results had been received from Dr. Ernesto.
C. Lake 8 Status
The repairs had been completed by the contractor, and all of the concerns that were previously discussed were addressed. The contractor was confident that the repairs will pass Engineer Barraco’s inspection, but in earlier discussion, Engineer Barraco had not approved the work.
i. Littoral Planting
Solitude had provided an estimate of $3,135 to plant 3,300 plants around the lake, which would fill the voids in front of the bullrush. The proposal includes pickerelweed, arrowhead, spike rush, golden canna, and swamp lily. It was stated that the amount of plants can be reduced if the Board would like to lessen the cost. Supervisor Canoura was concerned about the level of salinity from certain littorals. The Board decided to table it until the October meeting.
ii. Repositioning the Fountain
District Manager Teague stated that it would cost $214.00 to recenter the fountain on Lake 8. The Board approved implementing the project.
D. Lake Bank Erosion Remediation
Chris updated his erosion remediation costs by increasing the Anchor Marine basic restoration costs to $35 a foot. So if the Board decides to repair Lakes 12, 13, & 3, which includes 2,851 feet of shoreline, the cost would be $85,530. He commented that Lakes 12 & 13 have a mixture of medium and high severity erosion, and Lake 3 has medium severity erosion. Considering the issues on Lake 8, District Manager Teague stated that they are waiting on approval from the County as to what processes are acceptable. The Board agreed to have a plan to restore all the lakes and complete them based on available funds.
Supervisor Geltner stated that he believes that erosion is also caused by homes with no gutters and also irrigation wash outs. There is a concern that no progress had been made up to the current time, which may have repercussions with the County and the South Florida Water Management District. District Manager Teague stated that he is still working with officials to develop an acceptable plan. Engineer Barraco stated that he will set up a meeting to accomplish this, and Vice Chair Boland agreed to participate.
E. Phase 2 Electrical Panel Replacement Quote Updates
They have reached out to 5 local electricians, but they are not E-Verified. Excel Electric from Naples is interested in the project, is E-Verified, and they are working on an estimate.
FIFTEENTH ORDER OF BUSINESS New Business
A. Request for Proposal: Lake Maintenance
The proposals are due by September 2, 2022 and will be reviewed at the next meeting.
B. Cypress Planting on Lake 12 Estimate
A cypress tree that had snapped needs to be removed from the bank and replaced, but only a 3-gallon tree is available. Also, there is a Brazilian pepper tree and an earleaf acacia tree, which are exotics, and vegetation that needs to be removed. The Board had no objection to having this completed.
C. Preserve Vegetation Clean Up Estimate
A homeowner is concerned about the vegetation from the preserve that is encroaching into his property, making it difficult to mow. The estimate to complete this project is $356 plus a disposal fee. The Board had no objection to having this completed.
On MOTION by Chair Jenner, seconded by Supervisor Geltner, with all in favor, the Board agreed to have a Cypress tree removed and replaced with a 3-gallon tree on Lake 12, to have a Brazilian peppertree and an earleaf acacia tree removed, to remove the vegetation, not to exceed $668.
SIXTEENTH ORDER OF BUSINESS Supervisor Requests/Comments
A. Action List/Project Log Requested by Supervisor Geltner
Supervisor Geltner distributed to the Board two documents that outlined his ideas on determining the assessment roll, and on other issues that might affect the Budget. He also distributed a memo that summarizes information that should be sent to the whole community about the activity and accomplishments of the CDD. He also congratulated Vice Chair Boland and Supervisor Meade on their appointment to the Board.
B. Monuments Maintenance
This had been discussed earlier in the meeting.
Supervisor Canoura commented that those with a fixed income need to be considered when the actions of the CDD affect the HOA fees.
SEVENTEENTH ORDER OF BUSINESS Audience Comments (3 minutes on any topic)
A resident commented that she has not seen any erosion from fountains on the lakes that she has observed.
Ellen Gray commented that she appreciated that the lake bank near her home had been trimmed. She is also happy that the fountains will be turned on, and she commented on the costs of running them and how this affects the FY2023 Budget.
Dan Hofsteader wondered about the cost of electricity when fountains and aerators were off.
A resident wondered about the issue of the billing of residents behind the canal. She also commented on the effectiveness of the fountains being turned on and off during the day. She appreciated the Board’s interest in how the CDD’s action affects the HOA fees, and she was concerned about how someone was treated earlier in the meeting. Another comment was unintelligible.
Teri Silva commented on the erosion evaluation summary in reference to the Budget, and she believed that the fountains should be turned on longer during the day.
Bill Krukowski commented on the fountain that had a high spray and the one that had been on continuously over a weekend. He also commented that he is happy that the fountains will be turned on and that efficient equipment should be installed. He commented that they could do remediation on less lakes per year to alleviate costs.
A resident commented on the noise coming from the fountains.
Tomi Abdoe wondered if other communities had been contacted about their management of the remediation of lake bank erosion.
Cindy LeRoy wondered how often other lake management companies are considered.
EIGHTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board agreed to adjourn at 4:13 p.m.
A Rescheduled Meeting and Public Hearing is scheduled for September 12, 2022 at 1:00 p.m.