Draft Meeting Minutes for January 23, 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, January 23, 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)
Mike Eckert – Attorney, Kutak Rock, LLP
Carl Barraco – Engineer, Barraco and Associates
Frank Savage- Engineer, Barraco and Associates
Kyle Roehm – Fountain Kings
Melissa Gindling – Assistant District Manager, PDM
Residents
Attending remotely:
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, Mike Eckert, the Attorney, Carl Barraco, the Engineer, Frank Savage, Engineer, Kyle Roehm from Fountain Kings, Melissa Gindling, the Assistant District Manager, and Four Residents. Two Residents participated remotely.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Move Item 9 to Item 6: The Board asked to move District Counsel Items to Item 6 after District Engineer Items and asked that the Agenda be ordered this way going forward. The Agenda was approved with this change.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, 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 Frank Savage gave an overview of the violations on all the lakes. He reported that the Engineers met with the County on January 3rd to discuss a plan going forward. Regarding Lakes 8 and 12, the Engineers have inspected and certified the work, and as of this morning, these lakes are certified by the County inspectors. The Engineers have asked Code Enforcement to sign off on these two lakes. However, it was noted that the contractor still needs to plant more littorals and replace one tree that had died when the weather warms up. It was also noted that on Lake 12, the trees were not staked correctly and not mulched, which needs to be corrected as soon as possible. Engineer Barraco noted that there are enough littorals on Lakes 8 and 12 to meet permit requirements, but some have died. District Manager Teague stated that they will be installed by the end of February, bar any weather conditions that would prevent planting. The Engineers will conduct an inspection when these tasks are complete, and District Manager Teague recommended that the Chair accompany them. The next step on these two lakes is for District Manager Teague to follow up with the County and ask for the accruing fines to be waived, since the District is in the process of addressing these violations.
ii. Lakes 1-7, 9-11, and 13-21
Engineer Savage gave an overview of a new violation, #2023-07352, which stated that Lake #7 had been expanded without a development order. He researched the history of this lake, and with the use of historical aerial photos from the County, he determined there was no evidence that the lake had been expanded. The photos depict that there were only variations of the water levels. The Engineers asked the County if this violation could be withdrawn, and they are now awaiting a response from the County.
The Engineers reported that, during their meeting with the County, they discussed the remaining 19 violations, and they communicated the District’s budget restrictions. It was stated that the District will address these issues over time. The County appeared to understand this issue and stated that these 19 violations are not currently accruing fines, and suggested that open communication and a schedule for completing the work will be essential.
District Manager Teague discussed several letters shared by Supervisor Geltner regarding the lake bank violations. District Manager Teague provided a brief history of the lake bank maintenance projects and stated that this concern has been on every Agenda except for two, since PDM became the management company, and lake bank restoration has been addressed by the District during this time. He also gave an overview of the proposed lake restoration plan, which allows for the lake bank concerns to be addressed reasonably over 5-6 years, without requiring a new bond. He also stated that year 1 of the plan is nearly complete. Supervisor Geltner stated that he wanted to share these letters to refresh everyone’s memory and asked if new violations have been received since then. He requested that the repairs get done.
Engineer Barraco suggested that while the CDD has to wait for the LDO to be approved before any violations are corrected, it would be a good idea to provide a timeline and budget for the repairs to the County to show that the CDD is committed to addressing the issues. He asked the Board to provide a budget amount to work with, so he could finalize the maintenance plan, which could be approved by the Board at the next meeting. He will also keep the County informed of the CDD’s plan to address the violations.
The Board asked to use a Budget amount of $200,000 per year, and suggested that they could commit to spend at least 75% of this amount each year on lake bank restoration for 6 years. They also asked Supervisor Krukowski to be the Board representative on this project. Staff will provide the draft minutes for the January meeting to Engineer Barraco as soon as possible, so that he can forward this to the County and show that the Board is committed to addressing the violations.
B. South and Central Berm/Swale Discrepancies
At the last meeting, the Engineers provided a rough estimate of $140,000 for the areas of CDD responsibility. It was discussed that, while these areas are out of compliance, it is not a public safety issue at this time, and the current priority should be any Lee County violations for berms and swales. Supervisor Geltner asked that, if there are any drainage or flooding issues in the community, to please report them to District Manager Teague rather than report them to the County. The Board requested the discussion of this item during Budget planning, so a plan could be drafted for addressing the issues over a period of time.
C. Faux Bridge at Community Entrance
Engineer Savage reported that they have inspected this area and will submit their findings at a later time.
D. Request for Regrading at 13331/13341 Seaside Harbour
The Engineers have inspected this area and will provide a report at a later date. Supervisor Geltner asked if a permit or structural engineer will be needed for the monument repairs. The Engineers will look into this and report at the next meeting.
SIXTH ORDER OF BUSINESS District Counsel Items
Item 9 District Counsel Items moved to Item 6
A. Supervisor Ethics Training Cost Reimbursement
Chair Boland broached the subject of Supervisor reimbursement for required ethics training. Attorney Eckert stated that he had called the Committee of Ethics on this question, and they stated that they did not know. Attorney Eckert researched further and stated that the statutes are not totally clear on this issue, but it appears that if Supervisors were reimbursed it could be argued that it is legal. He also clarified that there are free training options, and he suggested that Board members record when they took the training, in the event that they ever need to prove that it was completed.
He also asked if the Board would like to discuss the Moody East issue at the February or March meeting, because he would need an answer on whether the Board would like to proceed with this request before he spends more time on the issue. The Board asked that it be included on the February Agenda.
Supervisor Krukowski asked about the assessments on a parcel with 14 single family homes, and Attorney Eckert stated that changes would require an update of the assessment methodology.
SEVENTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
No items were pulled.
i. Public Comment on Balance of Items
Supervisor Geltner asked if the CDD is exempt from the arbitrage report requirement, and Attorney Eckert will investigate.
B. Motion to Approve Balance of Items
District Manager Teague expressed concern about the amount of time that staff was spending on Supervisor Geltner’s documents and questions regarding the Action List. Supervisor Geltner stated he does not expect answers to all questions or notes at each meeting and will put “response requested” on any documents in the future.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with all in favor, the Board approved all of the Consent Items.
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 November 16, 2023
ii. Monthly Financial Summary for the Month of November 2023
iii. Monthly Financial Summary for the Month of December 2023
iv. Reports on Pond Watch
v. Maintenance Reports from AWC and Lake Doctors
vi. Action List
vii. Current Field Report
EIGHTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
i. Fountain and Aerator Operations
Supervisor Krukowski reported that it takes Lake Doctors a tremendous amount of time to respond to service calls, sometimes months out. He consulted with Field Manager Pepin, and he suggested changing contractors to Premier Lakes or Fountain Kings. Fountain Kings was onsite this past weekend to survey the equipment, and they provided maintenance and repair proposals.
Kyle Roehm from Fountain Kings was present at the meeting and answered several questions. He stated that most of the units are Kasco9 and that he is not a Kasco dealer, since he believes the equipment to be sub-par, but he can handle any warranties that may be necessary on this equipment. He suggested using other equipment, such as Vertex, which works better in Florida conditions. He also stated that he would be happy to proceed with the aerator upgrades as directed by the Board.
Mr. Roehm stated that Fountain Kings currently has two techs, and one more starting soon. He stated his response time will be no longer than 5 days, and he would be happy to put that in the contract.
After the recommendation of Attorney Eckert, the Board authorized staff to negotiate a new contract with Fountain Kings for fountain and aerator maintenance, which will begin after the notice period to Lake Doctors. They also authorized staff to send a termination letter to Lake Doctors when the contract has been finalized.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with all in favor, the Board authorized staff to negotiate a new contract with Fountain Kings for fountain and aerator maintenance, which will begin after the notice period to Lake Doctors, not to exceed $5,800 per year, and authorizing staff to send a termination letter to Lake Doctors when the contract with Fountain Kings has been finalized.
Supervisor Krukowski noted several fountain issues that need to be addressed. Chair Boland suggested addressing work orders and repair items at the next meeting when the contract with Fountain Kings has been finalized.
ii. Lake Bank Maintenance Concerns
District Manager Teague stated that tall grass and shrubs are still present around some of the lakes, and vegetation along Lake 9, adjacent to the open fields, has never been maintained. The Board requested Field Manager Pepin to obtain a proposal for the maintenance of these areas and to segregate the area by the open fields.
Supervisor Krukowski reported that lights on Lake 4 are not working and have not been fixed. He also stated that there are light issues on Lake 10, and a control panel has rusted on Lake 8.
iii. Proposals for Banyan Tree Removal
District Manager Teague stated that there are 2 banyan trees within Wetland WL-2 CE11 that Lee County is asking for removal, because they are considered exotic. Due to their locations and the restrictions on the manner in which they must be removed, which is no disturbance to the preserve vegetation below the trees, the removal cost is very high. Aquatic Weed Control quoted $15,200 and Pristine Lakes quoted $10,500 to complete this project. The Board authorized staff to contact the County regarding an exception for this removal. If they do not allow the exception, the Board approved the Pristine Lakes estimate.
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board authorized staff to contact Lee County regarding an exception for the removal of banyan trees within Wetland WL-2 CE11. If they do not allow the exception, the Board approved the Pristine Lakes to remove the banyan trees, not to exceed $10,500.
B. Stormwater Management
i. Policy Related to Restoration and Maintenance of CDD Assets
The Board approved moving this to the February meeting.
On MOTION by Supervisor Meade, seconded by Chair Boland, with all in favor, the Board approved tabling the policy on restoration and maintenance of CDD assets discussion until the February, 2024 meeting.
ii. Proposals for Storm Drain Cleaning Along Canal Area
Chair Boland stated that Pristine Lakes sent a proposal to clean every catch basin in Moody River North. Due to the location, a vactor truck cannot be used, therefore the contractor will need to use shovels to clean out the basins. The Board accepted this proposal.
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board approved cleaning every catch basin in Moody River North.
The Board also asked Field Manager Pepin to obtain more proposals for storm drain cleaning along Sail Away, Silver Thorn, and the structure in Moody South that is filled with silt.
C. Repair and Maintenance
i. Proposal for Canal Bank Cleanup and Exotic Removal
Pristine Lakes provided an estimate of $3,800 to complete this task. The Board approved this proposal. They also asked to add a budget line item to the next proposed budget for canal bank maintenance.
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board approved Pristine Lakes to clean up a canal bank and remove exotics, not to exceed $3,800.
NINTH ORDER OF BUSINESS Supervisors’ Items
Supervisor Jenner asked if anyone has completed the required ethics training. Supervisor Krukowski stated that he had, and Chair Boland stated that he has investigated it.
Chair Boland reminded everyone that 3 seats will be up for election this year, and he does not plan to run again for his seat. Supervisor Meade stated that he also does not plan to run.
Supervisor Krukowski reported that he looked through the recent violations that had been received and suggested getting proposals to have the exotics removed from all of the lakes as soon as possible. He also removed a shopping cart and some other trash from the preserves. Supervisor Geltner suggested that a CDD newsletter be compiled for distribution to the community, and he will start a draft. He also proposed an annual review checklist, and this will be discussed on the February Agenda. He also asked about the list of major legislation affecting CDDs, and Attorney Eckert stated that he will update the Board concerning the recent changes and distribute it to them.
Chair Boland commented that he would like to skip the March meeting. The Board also asked District Manager Teague to present a spending authorization resolution at the February meeting.
TENTH ORDER OF BUSINESS District Manager Items
A. Fiscal Year 2025 Budget Schedule
District Manager Teague stated that this was included in the packet for the Board’s information.
B. Resolution 2024-03: Confirming Use of Lee County Supervisor of Elections
On MOTION by Chair Boland, seconded by Supervisor Geltner, with all in favor, the Board approved Resolution 2024-03 authorizing the Lee County Supervisor for the District’s elections.
ELEVENTH ORDER OF BUSINESS Field Manager Items
There was nothing further discussed.
TWELFTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Attorney Eckert clarified that Supervisors are not required to complete Form 6, but they are still required to complete Form 1.