Amended Meeting Minutes for September 12, 2022
Moody River Estates
Community Development District
The rescheduled meeting and public hearing to adopt the FY 2023 Budget and to establish the assessment rates to support it by 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, September 12, 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 all Board members were present. Also in attendance were Cal Teague, the District Manager, Carl Barraco, the Engineer, and Several Residents, including Teresa Silva, and Susan Garling of the HOA. Participating via web conference were Mike Eckert, the Attorney, and Kate John, Attorney, Patti Wachter of the HOA, and Several Residents.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
The Board decided to add the Pledge of Allegiance to the Agenda and to each meeting going forward, per the suggestion of a resident at a previous meeting.
On MOTION by Supervisor Geltner, seconded by Supervisor Meade, with all in favor, the Board approved the addition of the Pledge of Allegiance to the Agenda and to each meeting going forward.
Add 6A Electric Meter Review
Add 6B Landscape Issues
On MOTION by Supervisor Geltner, 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)
Teri Silva commented that she would like the Board to consider having less than 12 meetings per year. She also wondered how many lakes will be remediated per the FY2023 Budget.
Lynn Morris commented that she would like the Board to reconsider the amount designated in the FY2023 Budget for the repair and maintenance of the fountains, because she believes it is too low.
Melody Van Horn commented on the MOU concerning the berms and swales and the expense to the residents for actions by the CDD.
Cindy LeRoy expressed her appreciation to the Board members who have researched the cost for the repair and maintenance of the fountains and the suggestion that there be a lower speed for the pumps, and she appreciated the Board members who were considering the costs to the residents in another tax bracket. She wondered why there had not been more done to the lakes and ponds in the last 7 years. She also wondered if the purchase of the boat ramp is a dead issue.
Tammy Gannon was concerned about the cost to residents for the repair and maintenance of the fountains.
FIFTH ORDER OF BUSINESS FY2023 Budget and O & M Special Assessment Public Hearings
On MOTION by Supervisor Canoura, seconded by Vice Chair Boland, with all in favor, the Board opened the Public Hearing on the Fiscal Year 2023 Budget at 1:15p.m.
There were no comments from the Public.
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board closed the Public Hearing on the Fiscal Year 2023 Budget at 1:16 p.m.
A. Resolution 2022-09: Approval of FY2023 Budget
Supervisor Geltner had sent a handout to the Board concerning the Budget. He presented a review of this document, which discussed the lake erosion report and the assessment increase needed for lake remediation. He stated that if the assessment was decreased from $300 to $150 for $38 per linear foot, for example, the assessment would need to be in effect for 6 years, with 3 to 4 lakes remediated each year.
He had a concern about stormwater maintenance. District Manager Teague stated that he was concerned about the lack of a cleaning program for stormwater pipes and structures, which needs to be considered when reviewing the Budget, to ensure that the system can handle storms. Regarding the actions taken for MRE North for berms and swales, Supervisor Geltner was concerned that no action had been taken for MRE Central and South and what effect this would be on the Budget.
Supervisor Canoura stated that the original $324 that was proposed was that, from her understanding of the information she had previously received from the County about violations, all 21 lakes should be remediated at one time. The County had recently told her that there were no violations, and she was now reconsidering this figure, because all 21 lakes do not need to be repaired at the same time. Supervisor Boland commented on the information from the South Florida Water Management District concerning a violation in 2017, when they stated that the Board needed to be more proactive and less reactive. SFWMD had also stated that they would only do periodic inspections to see if progress was being made, if the Board was more proactive.
Responding to Supervisor Geltner’s statement, District Manager Teague stated that he believed the Board could provide recommendations and that staff would speak to the County on the need for an LDO. He stated that they were soliciting input from the County about the best way to go forward. He stated that the costs were varied and went from $28 to $78.The Board discussed what materials should be used, and District Manager Teague stated that the priority should be stormwater management and then lake bank restoration. He stated that the Board needs to budget for stormwater maintenance, preserve maintenance and all maintenance responsibilities with the funds that they assess. Attorney Eckert summarized what he had heard from the Board members, and that a decision needs to be made on the repair method they will use to satisfy SFWMD and the County. Engineer Barraco stated that they should choose the method that is most reliable. District Manager Teague stated that there should be an adjustment to the allocation for other responsibilities, so that lake bank restoration is covered. District Manager Teague also stated that a $150 allocation is only for maintenance and is not enough for restoration. Vice Chair Boland reviewed his study about what the District responsibilities are, and he emphasized the need for accountability. He stated that administrative costs exceeded the Budget, and that they could move funds from administration to stormwater management and other needed projects, reduce engineering and legal expense, have less meetings, and move administration to the R & M budget. Supervisor Canoura stated that the changes could reduce assessments. Vice Chair Boland stated that he will give District Manager Teague the spreadsheet regarding his proposed changes.
Attorney Eckert stated that he cannot use District Manager Teague as a conduit for communications between supervisors and the chair, and that supervisors should speak directly to Attorney Eckert.
On MOTION by Vice Chair Boland, seconded by Supervisor Meade, with 4 in favor, and Supervisor Canoura opposed, the Board approved the proposed increase in assessments to $324, with the adjustments to the Budget proposed by Vice Chair Boland.
On MOTION by Supervisor Meade, seconded by Supervisor Canoura, with all in favor, the Board approved Resolution 2022-09 approving the Fiscal Year 2023 Budget, as presented, with the expenditure changes proposed by Vice Chair Boland.
On MOTION by Supervisor Geltner, seconded by Chair Jenner, with 4 in favor, and Supervisor Meade absent, the Board opened the Public Hearing on the FY 2023 Assessment Levy at 2:21 p.m.
Mr. Foley commented on the O & M and the debt structure for the District.
Teri Silva appreciated Vice Chair Boland’s work on the Budget and his proposal for the reduction in expenses.
A Resident commented on the possible necessity of raising assessments next year.
A Resident commented on the cost of maintaining the fountains.
Cindy LeRoy commented that the Board should prioritize what has to be done, and then determine how expenses can be reduced.
Lynn Morris commented on the necessity of communication with the residents and on prioritizing expenditures in the Budget.
A Resident asked if the assessment will be raised yearly.
A Resident commented on long term planning and prioritizing.
On MOTION by Supervisor Meade, seconded by Supervisor Canoura, with all in favor, the Board closed the Public Hearing on the FY 2023 Assessment Levy at 2:36 p.m.
B. Resolution 2022-10: Approval of FY 2023 Assessment Levy
On MOTION by Supervisor Canoura, seconded by Supervisor Meade, with all in favor, the Board approved Resolution 2022-10 approving the Fiscal Year 2023 Assessment Levy, and authorizing the County to levy the assessments.
SIXTH ORDER OF BUSINESS Staff Reports
Concerning the Lake 8 Lee County violation, Engineer Barraco stated that the CDD had previously approved the project and that it was completed, but he could not certify it because it was done during the wet season, and it was not completed properly. He stated that the County had then extended the project for another 141 days.
On MOTION by Supervisor Geltner, seconded by Vice Chair Boland, with all in favor, the Board authorized Chair Jenner to execute an agreement with the County to extend the project on Lake 8 for another 141 days.
Concerning lake bank remediation, Engineer Barraco stated that he will meet with District Manager Teague and Vice Chair Boland to avoid any “Sunshine Law” issues.
The MOU will be discussed later in the meeting.
C. District Manager
i. FY2021 Audit Review
District Manager Teague reviewed the audit.
On MOTION by Vice Chair Boland, seconded by Supervisor Meade, with 4 in favor, and Supervisor Geltner opposed, the Board accepted the Fiscal Year 2021 Audit, as submitted.
SEVENTH ORDER OF BUSINESS Field Manager
A. Electric Meter Review
District Manager Teague stated that some of the meters for fountains, aerators, and irrigation pumps were charged to the CDD and some were charged to the HOA. Field Manager Pepin stated that the meters for the 1722 and 3743 central irrigation pumps were paid for by the CDD but were an HOA asset. The Board asked staff to talk to LCEC and have it switched over. The Board also asked staff to separate the CDD electric costs from the HOA, with the CDD responsible for the aerator on Lake 21 and the south pump, and a shared meter separating Lake 21 and Lake 15 into two accounts. District Manager Teague will get this done and set up these accounts by working with Susan Garland, President of the HOA.
B. Landscape Issues
Field Manager Pepin submitted Estimate 1029 for adding $668 to remove the exotics and a dead cypress tree on Lake 12. Estimate 1030 included the replacement of the cypress tree on Lake 12.
On MOTION by Supervisor Geltner, seconded by Vice Chair Boland, with all in favor, the Board approved Estimates 1029 and 1030 for removing the exotics and a dead cypress tree on Lake 12, and replacing the cypress tree on Lake 12.
He also presented a resident’s request for trimming the encroaching vegetation on the side of 13109 Silver Thorn Loop. The Board had no objection to the implementation of this project.
Chris gave an update on the fish kill, which included dead tilapia, and he stated that he was waiting for Solitude to give him their water quality findings. He also stated that fish kills are common this time of year, and that they could be caused naturally.
EIGHTH ORDER OF BUSINESS New Business
A. Lake, Fountain, Aerator & Preserve Maintenance Bids
District Manager Teague stated that the Board should review the proposals in the bid packet that they had received, and decide if they want to interview any of the companies or keep Solitude. He stated that the bid summary provided a breakdown of all the bids, and the Board should decide if they want to hire any new companies for the maintenance items. He recommended Aquatic Weed Control for the lakes and preserves, and Lake Doctors for the aerators and fountains. The combined cost for the two companies would total $32,768 per year, which is an annual savings of $2,863.12. The Board decided to table this until the next meeting.
NINTH ORDER OF BUSINESS Old Business
A. HOA/CDD MOU Updated Agreement
Attorney Eckert stated that he appreciated the input from Susan Garland of the HOA, and he had included comments from Supervisor Geltner in the MOU draft, which was in the packet.
Attorney Eckert stated that the purpose of the document was to deteremine how the CDD and the HOA can work together efficiently to benefit the residents of MRE in the maintenance, repair, and replacement of the structures in the stormwater system. The original purpose was to ensure that the curbs and gutters along the private roadways, that are owned by the HOA, can be maintained when there is major work on the roadways, such as milling and resurfacing. He stated that various components of the stormwater system had been subsequently added to Exhibit A, and that they can be adjusted at any time. He recommended that the document, or a summary of it, be distributed to the community, so that they understand how the HOA and CDD have worked together, and that it also specifies the responsibilities of each. There were minor changes to the document suggested, and Attorney Eckert will make those changes.
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board approved the MOU submitted by Attorney Eckert between the HOA and CDD for management of the stormwater system, as amended.
B. Phase 2 Electrical Panel Replacement Quote Updates
Field Manager Pepin stated that this is a safety issue, and that the replacement should be done as soon as possible. He had received two proposals, and he recommended West Coast Electrical, which submitted a lower estimate. He will send a list of the electricians contacted and the specifications needed for the project to the Board. The Board decided to table this until the next meeting.
TENTH ORDER OF BUSINESS Supervisor Requests/Comments
Supervisor Canoura stated that she would like to revisit the purchase of the boat launch, which had been requested by a resident.
Supervisor Geltner stated that he would like better communication between the CDD and the community, and he submitted a document as a template to use for communicating. Supervisor Meade volunteered to report on the actions of the CDD at the monthly HOA meetings.
ELEVENTH ORDER OF BUSINESS Audience Comments (3 minutes on any topic)
Teri Silva commented that she did not see the need for law enforcement’s presence at the meeting.
Lynn Morris wondered if there are any limitations for the candidates that seek a seat on the Board to give a presentation before the yearly election.
TWELFTH ORDER OF BUSINESS Adjournment
On MOTION by Vice Chair Boland, seconded by Supervisor Geltner, with all in favor, the Board agreed to adjourn at 3:24 p.m.
The next Regular Meeting is scheduled for October 20, 2022 at 1:00 p.m.