Copy of Draft Amended Meeting Minutes for June 15, 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, June 15, 2023 at 1 p.m.
Present (or attending via web conference) and constituting a quorum were:
John Boland – Chair
Chris Jenner – Vice Chair
Shawn Meade – Assistant Secretary
William Krukowski – Assistant Secretary
Robert Geltner – 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
Kate John – Attorney, Kutak Rock, LLP
Chris Pepin – Field Manager, Community Field Services
Felipe Lemus – Florida GIS Solutions
Melissa Gindling – Assistant District 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. Also in attendance were Cal Teague, the District Manager, Wes Kayne, Engineer, Barraco and Associates, Melissa Gindling of PDM, and Several Residents. Mike Eckert, the Attorney, and Kate John, Attorney, Kutak Rock, LLC, Chris Pepin, the Field Manager, Felipe Lemus from Florida GIS Solutions, and Several Residents participated via web conference.
SECOND ORDER OF BUSINESS Pledge of Allegiance
For health reasons, Chair Boland turned the meeting over to District Manager Teague.
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 4Dix Acceptance of FY 2022 Audit Report and Chair Authorization to Sign AFR
Add 6A Resident Request for Tree Branch Trimming
Move Item 7 District Engineer Items to Item 5 Business Items
Move Item 10 District Counsel Items to Item 6 Supervisors’ Items
On MOTION by Supervisor Geltner, seconded by Chair Boland, with all in favor, the Board approved the Agenda, as amended.
FOURTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
Di Workshop Minutes from May 11, 2023
Dii Meeting Minutes from May 18, 2023
Dv May Maintenance Reports from AWC
Dvi FEMA Reimbursement Update
Dvii South and Central Berm/Swale Discrepancies Update
Dviii Action List
Dix Acceptance of FY 2022 Audit Report and Chair Authorization to Sign AFR
i. Public Comment on Balance of Items
B. Motion to Approve Balance of Items
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with all in favor, the Board approved the Consent Item Div: Report on Pond Watch.
C. Consideration of Items Pulled for Discussion
i. Public Comment Taken on Each Pulled Item as it is Considered
D. Consent Items
i. Workshop Minutes from May 11, 2023
Lines 32 and 34 Change $3,300 to $1,650
ii. Meeting Minutes from May 18, 2023
Lines 9 and 23 Change “unforeseen” to “foreseen”
Line 15 List each Item and who pulled it
Line 23 Change “the term is ambiguous” to “the dictionary defines bi-monthly as twice a month or every two months”
Line 35 Add “the Engineer’s public information meeting of May 16, 2023”
Lines 46 and 48 Add “resident” before the resident’s name
Line 87 Change “Chris” to “Field Manager Pepin” each time he is mentioned
Line 62 Change “Bonds” to “Bond”
Line 55 Supervisor Geltner requested that the District Manager provide the document that is specified
Line 96 Supervisor Geltner requested that the Actions List include the memo from the Attorney on ethics training
iii. Monthly Financial Summary for the Month of May 2023
Supervisor Geltner had several questions about the assessment discounts and the differences between budget amounts and actual interest rates, which were explained.
iv. Report on Pond Watch
v. May Maintenance Reports from AWC
Supervisor Geltner asked about the presentation of the reports, and why Lake 21 is not mentioned. District Manager Teague and Supervisor Krukowski noted that each report was for a different service event, and page 42 was discussing the ornamental encroachment removal.
vi. FEMA Reimbursement Update
It was noted that there have been no payments received from FEMA yet.
vii. South and Central Berm/Swale Discrepancies Update
The Board asked if there was any further update, and Engineer Kayne stated that he will cover this during his report.
viii. Action List
The addition of several items was requested along with the following:
The Board requested the addition of Central & South berm discrepancies, two areas of damaged sod, and the Attorney’s memo regarding ethics training to the action list. It was stated that adding a separate line item to the Budget for the electrical cost-sharing agreement with the HOA is needed.
ix. Acceptance of FY 2022 Audit Report and Chair Authorization to Sign AFR
This report was received the morning of the meeting. Supervisor Geltner noted that the Board was not approving the audit but accepting it.
After the Consent Items were discussed, the Board approved and accepted the items with the amendments noted above. District Manager Teague asked if the Board should continue to use a Consent Agenda, and there was some discussion regarding its usefulness. Attorney Eckert and Supervisor Boland asked the Board to contact the District Manager before the meeting with any questions or corrections to the Consent Items, so that the Consent Agenda could be approved more quickly. Supervisor Boland also noted that, if after speaking with District Manager Teague, supervisors still have questions or concerns about Consent Items, they should pull the item at the meeting.
On MOTION by Supervisor Meade, seconded by Supervisor Geltner, with all in favor, the Board approved all remaining Consent Items, as amended.
FIFTH ORDER OF BUSINESS Business Items
A. Stormwater Management
i. Proposed Stormwater Management Plan
Chair Boland stated that he is presenting a draft document which defines the SFWMD permit for stormwater management, so the Board can review it and establish those standards. Supervisor Geltner suggested its inclusion in the 20 year plan. Attorney Eckert stated that he can review the Board’s policy after the Board has completed the final product. It was decided that the Board will review it and give their input to District Manager Teague, and it will be presented at the next meeting.
ii. Proposed Policy Related to Restoration and Maintenance of CDD Assets
Supervisor Geltner had submitted an update of a proposed policy on lake bank restoration, conservation area and maintenance, and the maintenance of other assets. The purpose is to avoid micromanagement and ensure that the Engineer and Management advise the Board on all applicable federal, state, and county laws, policy rules and regulations, and ensure that they are followed.
i. Update on Lee County Code Violations for Lakes 8 and 12
After discussion, the Board decided to move forward with repairing the lake banks that had washed out due to the removal of roof gutters during the condo’s re-roofing project.
On MOTION by Supervisor Geltner, seconded by Chair Boland, with all in favor, the Board approved Pristine Lakes to restore the lake banks which were damaged by washouts, not to exceed $7,300.
ii. Lake Bank Observation Exhibit Update
Engineer Kayne is still drafting this document.
iii. Cabbage Palm Trimming Proposals
There was discussion on the proposal from Pristine Lakes for $4,300, and it was noted that it included the cabbage palms on Lakes 9 & 18 and the removal of 2 fallen palms on Lake 9. Supervisor Krukowski stated that the cabbage palms on Lake 18 are invading the cypress trees.
It was discovered that there was an additional fallen palm on Lake 18, and Field Manager Pepin had not received a revised proposal. He had stated that the cost would increase approximately $200.
Supervisor Krukowski also noted that there was a fallen oak tree on Lake 18 which should be added to this proposal, and Field Manager Pepin stated that he will investigate.
There was discussion on the CDD’s responsibility for trimming the trees around the lake. Attorney Eckert stated that there are instances, according to the Lee County property appraiser website, where the CDD owns property on the lake bank, and there are trees on that lake bank. Field Manager Pepin stated that he believes that the trees are on CDD property due to their proximity to the lake.
After extensive discussion on whether the trees can be trimmed, the Board decided to remove the dead trees only. They asked Field Manager Pepin to obtain a separate proposal for tree trimming and present it at the next meeting.
On MOTION by Supervisor Krukowski, seconded by Chair Boland, with 4 in favor, and Supervisor Geltner opposed, the Board approved the removal of cabbage palms on Lakes 8 & 18 and an oak tree on Lake 18, not to exceed $2,500.
Chair Boland asked if the Board would be agreeable to cancelling next month’s meeting. The Board agreed to cancel it.
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board agreed to cancel the July 2023 meeting.
C. GIS Mapping Proposal
Felipe Lemus from Florida GIS Solutions joined online to discuss his GIS proposal. He explained and illustrated on slides the many assets and data layers that can be entered into a GIS map, and he stated that this provides all of the information in one place. It was stated that Engineer Barraco has similar information, and several residents noted that he has documentation on a flash drive. Mr. Lemus and District Manager Teague stated that the program can be updated on a continual basis, and they also stated that he has insurance which covers errors and omissions. The phases of its installation were discussed, as well as, resident access. There was some concern about the cost and accuracy of the program. The Board tabled this discussion until the next meeting so staff can research Engineer Barraco’s data. They also asked that Mr. Lemus’s proposal be revised to include only CDD assets in Phase 1.
On MOTION by Supervisor Geltner, seconded by Chair Boland, with all in favor, the Board approved that the discussion on a GIS map is tabled until staff has researched the information available from the Engineer.
SIXTH ORDER OF BUSINESS Supervisors’ Items
A. Resident Request for Tree Branch Trimming
Vice Chair Jenner and Supervisor Meade had been approached by a resident asking if they can trim a tree branch in the preserve. They stated that this had previously been approved, and Field Manager Pepin stated that he had previously completed some trimming in that area. The Board did not remember approving the trimming of this tree. Field Manager Pepin stated that he had inspected the tree and found that it is alive and well, so the CDD is not responsible for its trimming, and he suggested that the homeowner trim the branch up to the property line. Supervisor Geltner provided several documents, including a legal memorandum from Attorney Eckert, which noted that the CDD is not responsible for trimming a tree that is alive and well. After discussion, the Board asked staff to inform the resident that the CDD cannot trim the tree, based on legal opinion.
SEVENTH ORDER OF BUSINESS District Engineer Items
A. South Florida Water Management District – Moody Canal
Engineer Kayne noted that the SFWMD approved an extension for this violation, since the agreement had been agreed upon and signed, and the resident at 13461 Seaside Harbour Drive will proceed with the approved swale restoration plan.
Regarding the Central and South berm and swale discrepancies, he noted that he has met with most of the residents, and he will be putting together an exhibit which indicates whether each remediation item is the CDD’s responsibility or that of the resident. At this time, he estimated that 40-60% of the areas are CDD responsibility.
Engineer Kayne stated that they are still working on the lake bank exhibit, and he noted that the majority of the lake banks are out of tolerance with the SFWMD. Their field technicians had measured the areas of erosion and the severity of the erosion, and the lake banks of the highest priority for remediation are being determined.
Regarding the letter noted in the May 18, 2023 meeting minutes on Lakes 8 and 12, Engineer Kayne noted that a letter had not been prepared, because the washout happened a few days after that meeting, and they are coordinating some issues with the contractor. Engineer Kayne stated that the focus is now on repairing the lake banks from that damage.
In response to Supervisor Krukowski’s question, District Manager Teague stated that the HOA contractor informed staff that he will be installing the gutters and re-installing the drains tomorrow. He stated that the project is almost complete, except for the installation of vegetation. He also stated that they cannot restore the bank to the 4:1 slope until the water has receded. There was discussion on the financial responsibility for the problems with drainage during the repair, and Attorney Eckert suggested a review of the HOA contractor’s insurance coverage before approaching the condo association for reimbursement.
Chair Boland also mentioned 3 or 4 homes near the canal with extensive erosion, and the erosion resulting from a pool installation. He asked Engineer Kayne to investigate, and he stated that he would.
Supervisor Krukowski asked Engineer Kayne if he is keeping a record of those who are complying and those who are not, and Engineer Kayne stated that he is, and that he is investigating the restoration needed for each property and the history of residents’ pool installations.
EIGHTH ORDER OF BUSINESS District Manager Items
A. Enhanced Audio for Meetings
District Manager Teague reported that staff had researched podiums with speakers, and he had included the information in the packet. These and other options were discussed, and Chair Boland asked if the Board could purchase a new speaker system with additional speakers. It was decided that the HOA podium with a mic will be used at the next meeting to see if the audio improves.
NINTH ORDER OF BUSINESS Field Manager Items
Field Manager Pepin’s report was reviewed and there was discussion on the following items:
Supervisor Meade asked about the progress on the replacement of the fountain on Lake 12, and Field Manager Pepin noted that Lake Doctors will be ordering the fountain when they receive the deposit this week. It was noted that there is a delay in completing the Lake 17 aerator work, and he will follow up.
TENTH ORDER OF BUSINESS District Counsel Items
Attorney Eckert reviewed an encroachment agreement which he had drafted, with the assistance of Engineer Barraco, concerning the installation of a trench drain along the side of the house to possibly accommodate any negative impacts on storm damage caused by the pool and pool deck on his property, and which also addresses the encroachment of the berm. This accommodation is given, so that it will not be necessary for the homeowner to remove the pool deck.
Supervisor Geltner asked if there should be a statement that the owner will consent to the placement of a lien on his property, if he fails to make the payments that may be required. Attorney Eckert stated that he does not foresee that this would be the case, because the District will go to court to file an injunction, if the District requires the removal of the pool deck, and the court will order the homeowner to remove it.
On MOTION by Supervisor Geltner, seconded by Chair Boland, with all in favor, the Board approved an encroachment agreement between the District and the homeowner at 13461 Seaside Harbour Drive.
Attorney Kate John presented two updates from the Florida legislature:
She stated that a bill which would have affected the District’s immunity and liability did not pass.
Secondly, Attorney John stated that the bill requiring ethics training for Board Supervisors had passed and will go into effect January, 2024. She stated that she is researching the requirements for the training, and she will report this information to the Board.
Attorney Eckert noted that the encroachment agreement had been signed, as had previously been discussed, and he stated that he will provide an update on the ethics legislation in October or November.
Supervisor Geltner asked if there had been any changes to the policy of tree trimming or removal, which Attorney Eckert had provided previously, and Mr. Eckert stated that it remains the same. Specifically, the regulation is that the homeowner is entitled to remove or trim trees up to their property line, and the CDD is responsible for removing or trimming a tree if it is defective. If the tree is not defective the CDD is not liable.
Supervisor Geltner raised the question of the removal of cabbage or sabal palms, and Mr. Eckert stated that the CDD may remove the trees on the lake banks, which is CDD property, if the Lee County ordinance allows it. Mr. Eckert stated that it must be remembered that tree removal is not advisable if it compromises the integrity of the pond bank. There was further discussion on tree removal and whose responsibility it is for different instances. Chair Boland volunteered to ask about this ordinance at his upcoming meeting with the County.
There was discussion concerning the Attorney’s fees and the requirements of the Sunshine Laws concerning communication between Board members. They also discussed the manner in which the Board would like to receive the Attorney’s work product. The Board decided to submit Supervisor Geltner’s second draft of the policy to Attorney Eckert for his review.
Resident John Teckorius commented on the proactive policy.
ELEVENTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Resident Helen Gray requested that public presentation be added to the beginning of the meetings, as well as, its current placement at the end. She also was concerned that the fountain light and aerator on Lake 10 had not been addressed. She was disappointed that the CDD raises fees, but they are not addressing maintenance issues. Supervisor Krukowski noted that the Board had decided to wait on the consideration of the fountain light until the fall, when they can ensure that the funds are available.
Resident Teresa Silva was concerned about a fish kill last year, and Supervisor Krukowski stated that the Board is developing an aerator program, which Field Manager Pepin had stated would be a good solution to this problem.
Vice Chair Jenner left the meeting during the public presentation.
Resident John Teckorius asked if the CDD will be stocking the lakes with fish.
TWELFTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Meade, seconded by Chair Boland, with all in favor, the Board agreed to adjourn at 4:08 p.m.
The next Regular Meeting is scheduled for August 17, 2023 at 1:00 p.m.