Draft Meeting Minutes for May 18, 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, May 18, 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)
Carl Barraco – Engineer, Barraco and Associates
Wes Kayne – Engineer, Barraco and Associates
Mike Eckert – Attorney, Kutak Rock, LLP
Kate John – Attorney, Kutak Rock, LLP
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, with Supervisor Geltner attending via web conference due to unforeseen circumstances. Also in attendance were Cal Teague, the District Manager, Carl Barraco and Wes Kayne, Engineers, Barraco and Associates, Kate John, Attorney, Kutak Rock, LLC, Melissa Gindling of PDM, and Several Residents. Participating via web conference were Mike Eckert, the Attorney, and Residents Michael Wenners and Lynn Morris.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
On MOTION by Supervisor Geltner, seconded by Supervisor Krukowski, with all in favor, the Board approved the Agenda, as presented.
FOURTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
Pull Items Di, Diii, Dvi
i. Public Comment on Balance of Items
B. Motion to Approve Balance of Items
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with all in favor, the Board approved the Consent Items Dii, Div, Dv, and Dvii.
C. Consideration of Items Pulled for Discussion
i. Public Comment Taken on Each Pulled Item as it is Considered
D. Consent Items
i. Meeting Minutes from April 20, 2023
Line 9 Change “except Supervisor Geltner” to “with Supervisor Geltner unable to attend due to unforeseen circumstances”
Line 59 Change “bi-monthly” to “every two months”, per Supervisor Geltner’s statement that the term is ambiguous.
On MOTION by Supervisor Krukowski, seconded by Supervisor Meade, with all in favor, the Board approved the Draft Meeting Minutes from April 20, 2023, as amended.
ii. Monthly Financial Summary for the Month of April 2023
iii. Report on Pond Watch
Supervisor Krukowski reviewed the recent pond watch report and stated that all ponds they tested were in overall good condition, and in response to Dr. Ernesto de la Vega’s recommendation, samples from all ponds will be retrieved this coming weekend. He also stated that they will be drafting a proposal for the use of Eutrosorb, and he noted that Aquatic Weed Control is doing a great job with lake maintenance.
On MOTION by Supervisor Meade, seconded by Supervisor Geltner, with all in favor, the Board accepted the Pond Watch report, as submitted.
iv. April Maintenance Reports from AWC
v. FEMA Reimbursement Update
vi. Action List
Supervisor Krukowski asked about the ownership of the chain link fence between Moody River South and Central, and District Manager Teague stated that it is probably CDD property, but it appears that it was installed by the HOA. Attorney Eckert stated that the CDD owns the fence, because no agreement or notice was provided by the HOA. Supervisor Krukowski suggested that proposals be obtained for repairs of the fence, which was damaged during the hurricane.
Supervisor Krukowski recommended that Lake 18 be remediated, along with Lake 5, and he does not believe that environmental encroachment violations should be corrected by the residents, because they have been asked not to interfere with anything in the preserves. District Manager Teague noted that Aquatic Weed Control had provided an estimate for completing the removal of all remaining encroachments for $1,900, and the task will be completed this week.
In his ride around with Field Manager Pepin, Supervisor Krukowski observed that the old irrigation lines had not been removed, as had been previously noted.
Supervisor Geltner requested the addition of the slides from the public information meeting to the CDD’s website.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with all in favor, the Board accepted the Action List, with the suggested recommendations.
vii. Audit Scope Letter
FIFTH ORDER OF BUSINESS Business Items
A. Stormwater Management
i. Proposed Stormwater Management Plan
The Board decided to table this until the next meeting.
ii. Proposed Policy Related to Restoration and Maintenance of CDD Assets
The Board decided to table this until the next meeting.
iii. Memorandum on Swale and Berm Responsibilities
Attorney Eckert had been asked to determine who has responsibilities within certain easements, in addition to berms and swales. He reviewed the memorandum that he had developed and forwarded to the Board, and he stated that the CDD is responsible to the permitting agencies for canal bank maintenance easements and drainage easement on the canal, and the Moody North and the non canal lots. He stated that the preserve lot is part of the stormwater management system, so the CDD is responsible for that area also. He noted that homeowners are not to damage or interfere with the operations of the stormwater management system.
Virginia Kelly stated that she had received a letter to correct ornamental vegetation. She also asked about tree branches that are growing toward her lanai, and Attorney Eckert stated that she can trim any branches up to the property line. In addition, she asked when residents will know who is responsible for the berm and swale issues in their yards. The Board noted that Engineer Barraco will meet with residents on a case-by-case basis to determine this, and residents should contact him to set up a meeting.
District Manager Teague noted that the CDD has not formally decided or authorized expenditures for addressing the berm and swale deficiencies.
Melody Van Horn noted that residents in Moody North were all required to pay for correction of deficiencies in their yards. She also noted that in the past, the HOA and the CDD had required vegetation removal, which led to increased erosion. She also stated that the HOA is trying to prohibit any future plantings on the berm and swale.
iv. Moody River South and Central Berm/Swale Discrepancies
This had previously been covered, but Engineer Kayne stated that the Public Information Meeting was held on the 16th, and he had provided the PowerPoint and recording to District staff. He will provide a link to this presentation for posting on the CDD website.
i. Lake Bank Remediation
Engineer Kayne stated that the field inspection was complete, and that maintenance is needed on a majority of the lake banks, and they are in the process of determining which lakes are the priority. They are drafting the observation exhibit, and it will serve as a guide for submission of an LDO. The Board will then decide to go ahead with any remediation plans as identified in the LDO.
ii. Update on Lee County Code Violations for Lakes 8 and 12
Engineer Barraco clarified that Lake 18 is not currently in violation, but it is out of tolerance. He stated that the contractor is almost finished with the remediation of Lakes 8 and 12, and he has inspected their work so far. He is concerned that some vegetation was borrowed from the lake slopes, and there may be a void where it was removed. Engineer Kayne presented illustrations that indicated that the lakes are down two feet from the control elevation, because of the removal of material, resulting in exposed lake bank. Engineer Barraco suggested that the Board ask for a warranty on the work in the event that the lake bank repair does not hold. Attorney Eckert confirmed that there is already a warranty in the contract. Engineer Barraco stated that he will draft a written document and forward it to the contractor, which will serve as notice that the work was not performed according to the requirements of the contract.
iii. Proposed Aerator Upgrade Replacement Program
Supervisor Krukowski stated that they had received a proposal for $9,983.95 from Lake Doctors for the replacement of the aeration system, including 5 diffusers, on Lake 2.
On MOTION by Supervisor Krukowski, seconded by Chair Boland, with four in favor, and Supervisor Geltner opposed, the Board approved Lake Doctors replacement of the aeration system on Lake 2, not to exceed $9,983.95.
iv. Fountain Operations
Supervisor Krukowski stated that the timers have been installed, and all fountains are now operational, except for the fountain on Lake 4. Also, he reported that running times have been adjusted to 7:30 – 11 a.m. and 4:30 – 9 p.m.
v. Frequency of Grass Mowing
An email exchange and a brochure from Bill Bonds were included in the packet, and there was some confusion regarding what the Board had requested at the previous meeting. It was noted that the CDD and staff are requesting better maintenance and trimming of the grass around the lakes, and that everyone now appears to be on the same page.
vi. Lake 4 Fountain Replacement Estimates
Supervisor Krukowski commented on the proposals Lake Doctors had submitted for a 5hp or a 3hp fountain for Lake 4. Instead, he suggested going with the 3hp fountain and having it installed on Lake 12, which currently has a 5hp fountain. The current 5hp fountain on Lake 12 would be relocated to Lake 4, and the new 3hp fountain would be installed on Lake 12.
On MOTION by Supervisor Krukowski, seconded by Chair Boland, with 4 in favor, and Supervisor Geltner opposed, the Board approved Lake Doctors to replace the 7.5hp motor from the fountain on Lake 4, and replace it with the 5hp motor from Lake 12 and install the new 5hp fountain at Lake 12 to Lake 4, not to exceed $12,000.
SIXTH ORDER OF BUSINESS Supervisors’ Items
Supervisor Geltner commented on the quality of the audio and stated that it is difficult to hear some people who are speaking, and he wondered if different equipment could be acquired. Mike Wenners also commented on the inability to hear some speakers. During discussion, it was suggested that speakers step up to the mic or speaker when they would like to make a comment. This will be investigated by staff.
Ms. Walker had a question concerning the encroachment agreement for the homeowner at 13461 Seaside Harbour Drive.
SEVENTH ORDER OF BUSINESS District Engineer Items
A. South Florida Water Management District – Moody Canal
This had previously been discussed in the meeting, and there were no further comments.
EIGHTH ORDER OF BUSINESS District Manager Items
A. Proposed FY 2024 Draft Budget
District Manager Teague reviewed the proposed Budget, including the changes that had been suggested at the workshop, and he stated that there will be no increase in assessments.
i. Resolution 2023-04: Approving the Proposed Budget and Setting Public Hearing
District Manager Teague stated that the resolution is for the purpose of approving the proposed Budget and setting the public hearing for the adoption of the Budget on August 17, 2023.
On MOTION by Supervisor Geltner, seconded by Chair Boland, with all in favor, the Board approved Resolution 2023-04 approving the proposed Fiscal Year 2024 Draft Budget and setting the public hearing for the adoption of the Budget on August 17, 2023.
B. Audit RFP Selection Process
This was included in the packet, and District Manager Teague stated that selection of an auditor occurs every 3 years, and the Board needs to appoint a committee to review qualifications of firms for these services.
On MOTION by Supervisor Geltner, seconded by Chair Boland, with all in favor, the Board approved the selection process as identified in the Agenda packet, pages 73 through 77, and the appointment of the Board as the audit selection committee, charged with the procurement of an auditor for the District.
District Manager Teague stated that there had been discussion concerning the institution of a GIS system, which defines the assets of the District, and Chair Boland suggested that the Board consider its development. District Manager Teague stated that he will request a proposal, which will be presented at the next meeting.
NINTH ORDER OF BUSINESS Field Manager Items
A. Field Report
Field Manager Pepin’s report was reviewed and there was discussion on the following items:
Chair Boland asked if the street sweeping had been completed, and it was confirmed that it was. The Board stated that it did not appear that it had been completed in all areas, and the Board asked Field Manager Pepin to investigate.
Chris stated that there have been fish kills, and Aquatic Weed Control stated that they probably resulted from a lack of oxygen, and the addition of aerators was recommended. Lake Doctors will be submitting a proposal.
Field Manager Pepin reported fallen cabbage palms on Lakes 8 and 18, and Supervisor Krukowski stated that there are cabbage palms in other areas also which need to be addressed. John Teckorius pointed out that cabbage palms are self pruning, so any others should not be removed. The Board asked Chris to review permitted restrictions and develop a proposal for removing and trimming the trees on Lakes 8 and 18. A resident also commented that there are shrubs and palms sprouting on Lake 10, and District Manager Teague stated that this will be investigated in Field Manager Pepin’s inspection.
Supervisor Krukowski asked about the progress of the monument repairs, and Supervisor Geltner stated that the CDD owns it , but the HOA is responsible for maintaining it. Management will ask the HOA when the repairs will be completed.
TENTH ORDER OF BUSINESS District Counsel Items
A. Easement Encroachment Agreement – 13461 Seaside Harbour Dr.
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 this property, and it 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 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 State’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.
ELEVENTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Lynn Morris commented that the hurricane cleanup invoice from Community Field Services indicated an excellent price for the cleanup, because the prices from the HOA seemed very high.
Supervisor Krukowski asked that proposals be presented at the next meeting for the repair of the chain link fence.
TWELFTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Geltner, seconded by Supervisor Meade, with all in favor, the Board agreed to adjourn at 3:17 p.m.
The next Regular Meeting is scheduled for June 15, 2023 at 1:00 p.m.