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Copy of Draft Meeting Minutes for May 12, 2022

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 at the Clubhouse at Moody River Estates, 3050 Moody River Boulevard, North Fort Myers, Florida 33903, and also via web conference on Thursday, May 12, 2022 at 1p.m.

Present (or attending via web conference) and constituting a quorum were:

Edward Pike – Chair
Chris Jenner – Vice Chair
Julie Canoura – Assistant Secretary
John Teckorius – Assistant Secretary
Robert Geltner – Assistant Secretary

Also present (or attending via web conference) were:

Cal Teague – District Manager, Premier District Management (PDM)
Mike Eckert – Attorney, Kutak Rock, LLP
Carl Barraco – Engineer, Barraco and Associates
Wes Kayne – Engineer, Barraco and Associates
Susan Garling – HOA Board President
Teresa Silva – HOA Board Vice President
Patti Wachter – HOA Board Secretary
Brian Finn – Resident

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 was Cal Teague, the District Manager. Participating via web conference were Mike Eckert, the Attorney, Carl Barraco, the Engineer, Wes Kayne, the Engineer, Susan Garling, Teresa Silva, and Patti Wachter of the HOA, and Resident Brian Finn.

SECOND ORDER OF BUSINESS Approval of the Agenda

Add 6Civc Resolution 2202-07
Add 6Dic Aerator Maintenance
Delete 6Ciii PDM Contract for Field Services
Delete 6Civa Creating GIS Program

On MOTION by Chair Pike, seconded by Vice Chair Jenner, with all in favor, the Board accepted the Agenda, as amended.

THIRD ORDER OF BUSINESS Water Quality Discussion

A. Presentation by Hyacinth Control District Speaker; Dr. Ernesto Lasso de la Vega, Biologist

Dr. de la Vega gave a presentation on the conditions of the community lakes, and the value of monitoring the water quality through a volunteer community effort called Pond Watch. He identified several steps in developing a plan for pond management. After a Pond Watch group has been established, the plan would be to determine the process for conducting water quality testing, and monitoring the lake management company efforts. In addition, assessments of erosion and littoral plants would be needed.

He identified high salinity in Lakes 4, 15, and 21, and chlorophyll issues in Lakes 5, 6, 11, and 12. Those lakes also had phosphorus and nitrogen concerns.

Also present at the meeting were representatives from the lake management company, Solitude, Ameri-Scape landscapers, and Florida extension services, who gave their input.

B. Water Testing in Lakes

For the present, the Board agreed to participate in the Pond Watch program, and they were open to the testing options, which will be discussed further at a later date.

C. Pond Watch and Mileage Reimbursement

Upon agreement to participate in the Pond Watch program, the Board approved mileage reimbursement for any volunteer taking the samples and delivering them to the County Water Hyacinth Control District.

On MOTION by Supervisor Geltner, seconded by Chair Pike, with three in favor, and Vice Chair Jenner and Chair Pike opposed, the Board agreed to reimburse Pond Watch volunteers mileage for taking water samples, and transporting them to the County Water Hyacinth Control District at $0.441/2 per mile.

D. Littoral Planting Around the Lakes Discussion

There was high interest in planting littorals on the lake banks, and the Board agreed to start an active planting program, which will be considered for the next fiscal year.

E. Chemical Treatments of the Lakes

The use of copper sulfate was discussed, and Dr. de le Vega felt that chelated copper might be a better option. The Solitude representative commented that they had been instructed not to use copper sulfate in any of the lakes. The Board asked Field Manager Pepin to investigate this.

Dr. Ernesto Lasso de la Vega left the meeting at 2:23 p.m. during the discussion on chemical treatment of the lakes.

FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items

Susan Garling, and Patti Wachter of the HOA made comments on the minutes and suggested changes.

FIFTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes from April 14, 2022

Change the spelling of Patty to Patti
Line 32 Make clarification changes
Strike Line 98

On MOTION by Chair Pike, seconded by Supervisor Teckorius, with all in favor, the Board approved the Draft Meeting Minutes for April 14, 2022, as amended.

SIXTH ORDER OF BUSINESS Staff Reports

A. Engineer

Wes Kayne commented on the drainage swale violations in the North Moody River section. He and a representative of the South Florida Water Management District had conducted an inspection, and he is preparing a report for the Board to review.

B. Attorney

Attorney Mike Eckert commented on the proposed changes to the HOA/CDD Memorandum of Understanding, and stated that the updated MOA will be sent to the HOA by District Manager Teague.

He also referenced the Public Records Request process that he had presented at the last meeting, and District Manager Teague confirmed that this was the process that is being followed.

C. District Manager

District Manager Teague presented his report and the following issues were discussed:

i. Management Company Transition Update

District Manager Teague stated that this is still ongoing. It needs to be noted that the previous management company had not turned some records over, so, if requested, the petitioner will be told that the records do not exist.

ii. Financial Statements for April 2022

District Manager Teague reviewed the Financials and there was some discussion.

On MOTION by Chair Pike, seconded by Supervisor Canoura, with all in favor, the Board approved the April 2022 Financial Statements for Audit, as submitted.

iii. PDM Contract Amendment for Additional Field Services

District Manager Teague reported that the contract had been amended by Attorney Eckert and signed by Chair Pike, based on its approval at the last meeting.

iv. Fiscal Year Budget 2023 Discussion

There is the potential for an increase in assessments to avoid use of the fund balance and to address capital needs. The Board decided to discuss this in a continuation meeting on May 19, 2022.

a. Consideration of Creating a GIS Program

This was tabled for now.

b. Lake Bank Restoration

This will be covered during the Budget discussion at the continuation meeting.

c. Resolution 2022-07 Setting Public Hearing for Adoption of Tentative Budget

This will be discussed at the continuation meeting.

D. Field Manager

District Manager Teague reviewed the progress of the Follow-up items, as reported by Field Manager Pepin:

i. Follow-up Items

a. Lake 6 Fountain Lights Update

Field Manager Pepin had reported that the lights had been installed, and they will be turned on when the fountains are activated.

b. Garbage Cleanup Around the Lakes Update

This project had been completed.

c. Aerator Maintenance Log

Field Manager Pepin had created a log for aerator and fountain maintenance, and it was given to the Board. It will be available every other month.

Supervisor Geltner left the meeting at 4:01 p.m. during the discussion of the aerator maintenance log.

d. Replacement of Rusted Out Electrical Panels Update

The permits had been filed, and LCEC had been contacted to shut down electrical services. LCEC will inform West Coast Electrical when they will be shutting down service, and, at that time, West Coast can complete the needed repairs. The fountains and aerators will be down during the repairs.

e. Storm Water Maintenance

All water structures that Community Field Services identified in their first and second field reports had been cleaned up by their maintenance technician.

E. Storm Drain Cleaning Structures B12 thru B28 Update

This project should be completed by the end of May.

SEVENTH ORDER OF BUSINESS Old Business

A. Lake Bank Maintenance Discussions

i. Lake 8 Erosion Repair; Erosion Prevention; and Residential Roof Drains Discussion

The Lake 8 project is in process and should be completed in one or two weeks. Once completed, Engineer Barraco will certify that the repairs were completed to specifications, and Field Manager Pepin will monitor the progress. A hearing on the permit violation is in progress. The steps for erosion control are still being discussed, and addressing the impact of roof drains will be discussed on all future erosion repair projects.

B. HOA/CDD MOU Update

The agreement will be sent to the HOA for their feedback.

EIGHTH ORDER OF BUSINESS New Business

A. Value of Fountains

The electrical costs for fountains and their age and condition was discussed, and their ecological value compared to aerators. It was commented that they were aesthetically pleasing to some residents, and they could offer sound abatement. This will be discussed further at a later meeting.

B. Water Shortage Issues/Strategies

After discussion, the Board tabled this for a later time.

NINTH ORDER OF BUSINESS Special Projects

There were no special projects.

TENTH ORDER OF BUSINESS Next Meeting Quorum Check

At the continuation meeting on May 19th a quorum will be present, and Vice Chair Jenner might be late.

TENTH ORDER OF BUSINESS Supervisor Requests/Comments

Supervisor Canoura apologized for her comment about PDM, and how it was perceived. She would also like to have people other than staff at meetings that could give their viewpoint.

ELEVENTH ORDER OF BUSINESS Audience Comments (3 minutes on any topic)

Teresa Silva commented on the value of fountains and on erosion repairs.

Patti Wachter commented that she is in favor of town hall meetings, so the residents can have information about what the CDD is doing. She would also like the fountains to remain.

Susan Garling commented on her support of the town hall meetings. She also asked about the stormwater berm inspection, and if the other properties were also going to be inspected and violations reported.

TWELFTH ORDER OF BUSINESS Adjournment

On MOTION by Supervisor Teckorius, seconded by Chair Pike, with all in favor, the Board agreed to continue the meeting on May 19, 2022 at 1:00 p.m.

The Continuation Meeting of the May 12, 2022 meeting is May 19, 2022 at 1:00 p.m.

The next Regular Meeting is scheduled for June 9, 2022 at 1:00 p.m.

Secretary/Assistant Secretary
Chair/Vice Chair