Draft Meeting Minutes for February 15, 2024
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, February 15, 2024 at 1 p.m.
Present 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 were:
Cal Teague – District Manager, Premier District Management (PDM)
Carl Barraco – Engineer, Barraco and Associates
Melissa Gindling – Assistant District Manager, PDM
Residents
Attending remotely:
Mike Eckert – Attorney, Kutak Rock, LLP
Residents
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, Carl Barraco, the Engineer, Melissa Gindling, the Assistant District Manager, and Twelve Residents. Mike Eckert, the Attorney, and One Resident participated remotely.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 6C: Easement Use Agreements
Add 10A: Agenda Alteration – Supervisor’s Agenda
Add 10B: Usage of Attorney and Engineer
Remove Item 6A: Request for Modification of Deed Restriction for Moody East Parcel, and place on next Agenda
Move Item 10: District Manager Items to Item 7
On MOTION by Supervisor Meade, seconded by Supervisor Geltner, with all in favor, the Board approved the Agenda, as amended.
FOURTH ORDER OF BUSINESS Public Presentation of Matters by Citizens on Agenda Items Only
The Citizens had no comments.
FIFTH ORDER OF BUSINESS District Engineer Items
A. Lee County Code Violations
i. Lakes 8 and 12
Engineer Barraco reported that these lakes have been certified and accepted by the County. However, District Manager Teague reported that the lake restoration contractor recently had a meeting with Carol Lis from the County, and they have mulched and staked the trees on Lakes 8 and 12, per her direction. He is also installing the littorals and replacing the tree today. The County will be re-inspecting these two lakes, and staff will follow up regarding the fines and approval by Carol Lis.
ii. Lake Restoration Plan
Engineer Barraco stated that the LDO is still being reviewed, and work on the remaining lakes must wait until this is accepted by the County. A draft repair schedule was presented by Engineer Barraco, and the schedule addressed the smaller lakes first, and the larger lakes last. The repair schedule addressed the repairs over an 8-year period, with an annual budget of $200,000. The schedule will also be subject to the wet and dry seasons and any additional erosion.
It was clarified that the contractor will install new material rather than reclaiming material from the lakes.
After discussion, the Board accepted this plan and acknowledged that staff can revise it, as discussed. The Board representative on this project remains Supervisor Krukowski.
On MOTION by Supervisor Geltner, seconded by Supervisor Krukowski, with all in favor, the Board accepted the draft repair schedule for the restoration of the lakes, as presented by the Engineer, not to exceed $200,000 per year.
B. Faux Bridge at Community Entrance
The Engineers are still developing their report for this area.
C. Request for Regrading at 13331/13341 Seaside Harbour
The Engineers have inspected this area and are developing suggestions for correcting the issues. Engineer Barraco also suggested that the HOA notify the CDD, when they are approving pool construction projects.
D. Drainage Concern at 13071/13081 Seaside Harbour
A resident has reported drainage issues in this area. Field Manager Pepin has observed the area, and his photos and comments were included in the packet. The Engineers recommended cleaning the 18” concrete pipe that was filled with silt, which has already been scheduled. The Engineers will continue to review the issues that were submitted by the homeowners, but none were visible during their inspection.
E. Monument Repairs
At the January meeting, Supervisor Geltner requested the Engineers to report if a permit and a structural engineer will be needed for the monument repairs. Included in the packet are all of the estimates that Field Manager Pepin has received up to this point. Those estimates are for foam repair, power washing and structural repairs. However, it was stated that the HOA has not signed the amendment to the maintenance agreement, which allows for the transfer of reserve funds from the HOA to the CDD. It was suggested that the HOA and the CDD attorneys schedule a call to discuss this issue. The Engineers reported that, if the monuments are replaced, a structural engineer should be consulted. However, if the monuments will only be repaired, there is no need for Engineer involvement. This item was removed from the Engineer’s responsibilities, and it was agreed that Supervisor Geltner will serve as the Board liaison with the HOA and Attorney Eckert for monument repairs.
SIXTH ORDER OF BUSINESS District Counsel Items
Item 6A: Request for Modification of Deed Restriction for Moody East Parcel was removed from this Agenda and will be added to the next meeting Agenda.
A. Resolution 2024-04: Spending Authorization Resolution
Attorney Eckert explained that this resolution provides District Manager Teague the ability to approve expenses up to $10,000, or up to $20,000, with approval by the Chair, when issues arise between Board meetings which need to be addressed. It also allows District Manager Teague to authorize emergency expenses, such as a pond bank blow-out. The Board accepted this resolution.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with all in favor, the Board approved Resolution 2024-04, authorizing the District Manager to approve expenses up to $10,000, or up to $20,000, with approval by the Chair, when issues arise between Board meetings which need to be addressed.
B. Easement Use Agreements
The District Manager Teague reported that Attorney Kate John had suggested that the CDD charge residents to pay the cost of legal and engineering fees related to the numerous easement use agreements that are likely to be requested shortly. She noted that this is a common policy in other CDDs. The Board asked the Attorneys to bring more information and examples to the next meeting for discussion.
SEVENTH ORDER OF BUSINESS District Manager Items
Item 10 District Manager Items was moved to Item 7.
Items 7A and 7B were added to the Agenda.
A. Agenda Alteration – Supervisor’s Agenda
District Manager Teague presented an Agenda, which could be implemented, containing additional notes to assist the Board in preparation for their meetings. The notes will include summaries of key items and financial impact. The Board was in favor of this and asked that it be initiated.
B. Usage of Attorney and Engineer
District Manager Teague noted that, when he has questions for Attorney Eckert and Engineer Barraco, he consults with them, and they charge the District for that time. He submitted this as information for the Supervisors, because there had been some concerns expressed about professional fees. The Board had no objections, and they stated that District Manager Teague can continue to consult with Attorney Eckert and Engineer Barraco.
EIGHTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
Supervisor Geltner pulled 8Di: Meeting Minutes from January 23, 2024, and Item 8Dv: Action List.
i. Public Comment on Balance of Items
A resident asked when the repairs on Lake 7 will be completed, and it was stated that the lake bank repairs were scheduled for year 2 of the lake restoration plan. It was clarified that the aerator repair on this lake will be discussed later in the meeting.
B. Motion to Approve Balance of Items
On MOTION by Vice Chair Jenner, seconded by Supervisor Krukowski, with all in favor, the Board approved Consent Items Dii, Diii, Div, and Dvi.
C. Consideration of Items Pulled for Discussion
i. Public Comment Taken on Each Pulled Item as it is Considered
Supervisor Geltner noted he did not remember Line 26 as it was presented in the January 23, 2024 minutes. Attorney Eckert clarified that he discussed the 75% in relation to the lake repair budget.
Supervisor Geltner also did not remember the statement in Line 70. Staff noted that a motion had been made regarding the banyan trees, as was noted in line 72. The Board approved the meeting minutes as presented, with Supervisor Geltner opposed.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with 4 in favor and Supervisor Geltner opposed, the Board approved the Meeting Minutes from January 23, 2024.
Regarding the Action List, Supervisor Geltner noted that he was concerned that due dates were not being assigned to all items, and suggested removing the column, if there is not a designated due date. Supervisor Geltner also asked the other Supervisors to review his notes that were handed out. The Board accepted the Action List, with Supervisor Geltner opposed.
On MOTION by Supervisor Krukowski, seconded by Supervisor Meade, with 4 in favor, and Supervisor Geltner opposed, the Board approved the Action List.
D. Consent Items
i. Meeting Minutes from January 23, 2024
ii. Monthly Financial Summary for the Month of January 2024
iii. Report on Pond Watch
iv. Maintenance Reports from AWC and Lake Doctors
v. Action List
vi. Electronic Filing of Form 1
NINTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
i. Fountain and Aerator Operations
Staff reported that Lake Doctors has been sent a termination letter, and the maintenance contract with Fountain Kings will begin March 1st.
Supervisor Krukowski reported that Fountain Kings submitted proposals for the upgrade of aerators and repairs of fountains. District Manager Teague stated that Lake 5 was included in the upgrade of aerators because pleco catfish had been observed gasping for air in that area.
On MOTION by Supervisor Krukowski, seconded by Chair Boland, with all in favor, the Board approved Fountain Kings to upgrade the aerators on Lakes 5,6, 7, and 8, not to exceed $27,110.
On MOTION by Supervisor Krukowski, seconded by Supervisor Meade, with all in favor, the Board approved Fountain Kings to repair the fountains on Lakes 4, 6, and 8, not to exceed $1,980.
ii. Lake Bank Maintenance Concerns
At the January meeting, the Board requested a proposal for the cleanup of the shoreline around Lake 9, which has not been maintained.
District Manager Teague stated that the proposal submitted separated this maintenance into two areas of the lake bank, and it was suggested that area #1 should be maintained by the HOA or the homeowner. Supervisor Meade wondered if the CDD should clean up this area and ask for reimbursement from the HOA or the homeowner, and Attorney Eckert agreed. Area #2 is in the CDD’s easement so they are responsible for its cleanup. After discussion, the Board agreed to clean up both areas, and the CDD will ask the Homeowners Association to reimburse the CDD for the cost of the area #1 cleanup. The Board asked staff to obtain the best price for the project.
On MOTION by Supervisor Krukowski, seconded by Supervisor Meade, with all in favor, the Board approved the cleanup of all areas of the lake bank on Lake 9, not to exceed $5,300.
iii. Proposals for Exotic Removal Around Lakes
Proposals from Aquatic Weed Control and Pristine Lakes were submitted for the cleanup and exotic removal around the lakes, as had been designated in the Lee County code violations. The Board approved the cleanup.
On MOTION by Supervisor Meade, seconded by Chair Boland, with all in favor, the Board approved Pristine Lakes to clean up and remove exotics around all of the lakes, not to exceed $7,500.
iv. CDD/HOA Ownership of Lakes and Preserves
District Manager Teague stated that the HOA currently owns the preserves in the community, but the CDD maintains these areas. He asked if the Board would like to assume ownership of these areas to avoid future confusion. He stated that CDD ownership would also provide sovereign immunity on the properties. After discussion, the Board asked Attorney Eckert to pursue the transfer of property by initiating a phone call to the HOA’s attorney.
B. Stormwater Management
i. Policy Related to Restoration and Maintenance of CDD Assets
Attorney Eckert and Supervisor Geltner have presented a revised version of this document, which was forwarded to the Board. The Board approved the version labeled “clean version” and it was noted that this replaced any prior versions.
On MOTION by Supervisor Geltner, seconded by Supervisor Meade, with all in favor, the Board adopted the policy on the restoration and maintenance of CDD assets, as presented in the document submitted by Supervisor Geltner and Attorney Eckert.
ii. Proposals for Storm Drain Cleaning
Chair Boland stated that Pristine Lakes quoted $1,500 to clean out the catch basins along Sail Away Street and Silver Thorn Drive, along with 1 structure in the South. The Board approved this proposal.
On MOTION by Supervisor Geltner, seconded by Supervisor Meade, with all in favor, the Board approved Pristine Lakes to clean the catch basins along Sail Away Street and Silver Thorn Drive, along with 1 structure in Moody River South, not to exceed $1,500.
C. Repair and Maintenance
i. Annual Review Checklist
Supervisor Geltner presented this document for the other Supervisors to consider.
D. District Newsletter
Supervisor Geltner’s draft of a newsletter was included in the packet. Attorney Eckert recommended that his contact information be removed from the newsletter, to save cost. Chair Boland suggested adding a pie chart indicating what funds have been withdrawn from the Budget up to this time. Supervisor Geltner noted he would like to add some information regarding the Home Front Heroes project. Several options for sending the newsletter were discussed, including posting it to the District’s website, sending an e-blast, mailing copies to residents, or setting out copies in the Clubhouse. The Board also suggested including Supervisor qualifications for serving on the Board. It was decided that Supervisor Geltner will revise his draft of the newsletter, and Vice Chair Jenner will review it.
TENTH ORDER OF BUSINESS Supervisors’ Items
Vice Chair Jenner discussed the ethics training, and asked Supervisor Krukowski to clarify which class he had taken, and Supervisor Krukowski stated he will do so.
He also asked about the invasive fish, such as tilapia and pleco, in the lakes. District Manager Teague reported that pleco are harmful to the lake banks, but there is no effective way to remove them. Allowing residents to fish was discussed briefly.
Supervisor Geltner asked the Board to review his notes.
ELEVENTH ORDER OF BUSINESS Field Manager Items
Chair Boland noted that the invasive plants along the canal on Seaside Harbour have been removed. He also reported a large Brazilian Pepper growing on the bridge by Hidden Acres, and asked staff to report it to the County.
TWELFTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Debbie asked if Midship Drive close to the gate could be added to the drain cleaning project. Staff will investigate.
A resident asked about the timeline of the monument repairs. The Board discussed the repairs and decided to approve them. They asked staff to present a recommendation for the repair of the first group of monuments, and also asked that the rust issue be addressed, so it does not occur again. Attorney Eckert will also approach the HOA’s attorney regarding the reserve funds.
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board approved monument repairs, not to exceed $100,000.
Chair Boland recommended canceling the March meeting, and the Board approved this cancellation.