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Draft Meeting Minutes for June 9, 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 Clubhouse at Moody River Estates, 3050 Moody River Boulevard, North Fort Myers, Florida 33903, and also via web conference on Thursday, June 9, 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:

Gaby Novak – Project Specialist, Premier District Management (PDM)
Mike Eckert – Attorney, Kutak Rock, LLP
Chris Pepin – Field Manager, Community Field Services
Carl Barraco – Engineer, Barraco and Associates
Patti Wachter – HOA Board Secretary
Teresa Silva – HOA Board Vice President
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 Gaby Novak of PDM, and Mike Eckert, the Attorney, and Several Residents, including Teresa Silva and Susan Garling of the HOA. Participating via web conference were Chris Pepin, the Field Manager, Carl Barraco, the Engineer, and Patti Wachter of the HOA, and Residents, including Thomasina and Omar Abdoe, and Ronaldo (last name not available).

Attorney Mike Eckert commented that he would be running the meeting, and that it would be run more like a city or county meeting. The Board stated that they were all in agreement.

SECOND ORDER OF BUSINESS Approval of the Agenda

Add 6Aiii Inspect Swales and Berms
Add 6C Replacement of Rusted Electrical Panels Update
Add 8A Fountains Discussion

On MOTION by Supervisor Julie Canoura, seconded by Chair Pike, with all in favor, the Board accepted the Agenda, as amended, with the inclusion of 6Aiii Inspect Swales and Berms, 6C Replacement of Rusted Electrical Panels Update, and 8A Fountains Discussion.

THIRD ORDER OF BUSINESS Audience Comments

Teresa Silva commented that she would like to have the fountains in the community on.
Sid McKenna commented that he is looking forward to the discussion on fountains later in the meeting.
Susan Garling wondered when the fountains will be turned back on, with one of the advantages being noise abatement. She mentioned that residents had come to her with complaints about noise from the fountains.
Other comments were made, but were unintelligible due to audio difficulties.

FOURTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes from May 12, 2022 and Draft Continuation Meeting Minutes from May 19, 2022

Chair Pike commented that the minutes were not accurate and lacked detail, the Board discussed their concern about the lack of detail, and also that no action items were identified. Approval of the May 12, 2022 Draft Meeting Minutes and the May 19, 2022 Draft Continuation Meeting Minutes will be further discussed at the next meeting. The Board agreed to review both sets of minutes and address specific concerns to PDM.

FIFTH ORDER OF BUSINESS Staff Reports

A. Engineer

Engineer Barraco reviewed his report and there was discussion and action taken on the following:

i. N. Moody River Drainage Swale Violations Update

Engineer Barraco reported that some of the remediation along the canal had been done, and South Florida Water Management District has given them more time to complete the project.

The Board discussed tracking the amount of time spent at each residence, so they can be billed accordingly. Chair Pike asked the Board if everyone was still in agreement with invoicing the residents for the Engineer’s time spent on making repairs.

On MOTION by Chair Pike, seconded by Supervisor Teckorius, with no vote, the Board approved sending invoices to residents for the amount of time the engineer spent on the remediation of the North Moody River drainage swale on their property.

Engineer Barraco stated that they are tracking the amount of time spent on each project, and the Board agreed that Engineer Barraco will continue to do so, and later the times can be segregated for invoicing the residents, if the Board decides to do so. The Board also agreed that the homeowners can be billed when the project is complete, rather than monthly. The Board wanted to make sure that the residents are informed in advance that they will be charged for the engineering work that is done. The Board they asked Attorney Eckert to draft a motion concerning billing, collection, and how time spent on the project is to be segregated, and present it at the next meeting.

After this discussion, the motion was withdrawn, because Engineer Barraco is already keeping track of time spent, and will continue to do so.

ii. Permimeter Inspection

They have completed the field observations on the South and Central berm, noting on aerials the contingencies. Carl stated that there is pool construction adjacent to perimeter areas, and he wants to make sure the perimeter is as it should be after the construction is complete. He stated that he will have his report ready at a later time.

Supervisor Teckorius referenced Barraco Addendum 2021-2 from June 14, 2021, and commented that some of this project had been completed. However, he stated that the lake bank maintenance review had not been completed, which was to take a GPS survey of lank bank slopes on 21 lakes, at the cost of $5,000. Carl stated that, to his knowledge, they had not been released by the Board to have this done. Chair Pike and Supervisor Canoura wanted to make sure that there was money to complete this project, or if it had already been spent, before authorizing it.

Supervisor Teckorius was also concerned about the hazardous risk management, and that there is no insurance coverage on the lakes. It was discussed that the lakes are currently overflowing, so the Board wondered if this is a good time to complete the survey. Supervisor Teckorius would like to get input from Engineer Barraco as to the timing to complete the project. Supervisor Geltner suggested that this could be added to next year’s Budget. Attorney Eckert also suggested that this could be visited again at the next meeting. Chair Pike would also like to get recommendations from District Manager Teague.

On MOTION by Supervisor Teckorius, seconded by Supervisor Geltner, with 4 in favor, and Chair Pike opposed, the Board approved that an onsite observation of the GPS location be done on 21 lakes to inspect the lake bank slopes, not to exceed $5,000, contingent on the availability of funds, ensuring that the money has not already been spent, and approval by the engineer.

B. Attorney

Supervisor Teckorius asked why Attorney Eckert would be reluctant to assist with advising on CDD management and/or taking a more active role to guide the Board. Attorney Eckert stated that he participated to the extent that the Board allows it, which is currently in a reactive role when decisions are made, and when documents need the correct verbiage. Attorney Eckert stated that he could be more proactive if the Board deems it necessary, and this could possibly benefit the Board. He asked for opinions regarding his involvement from each Board member:

Supervisor Canoura stated that she does not think that Engineer Barraco needs to be at each meeting, which would save on finances, and that only Attorney Eckert needs to be there.

Chair Pike stated that he believes the District Manager should be the gateway for communication between the Board and other staff, and that Attorney Eckert does not need to be copied on each email.

Supervisor Geltner stated that he believes that only District Manager Teague should be contacted on issues, and then he can contact the appropriate staff on the issue.

Supervisor Teckorius was concerned about communication with Attorney Eckert on the most recent court dates, CDD negligence on properties, which is resulting in liabilities, and Attorney Eckert’s lack of access to information.

Vice Chair Jenner would like Attorney Eckert to take a more proactive approach.

Attorney Eckert will prepare a document addressing a more proactive role for the Attorney and present it at the next meeting.

C. District Manager

Gaby Novak reviewed District Manager Teague’s report and the following issues were discussed:

i. Transfer of District Records

Staff is waiting on the State for unemployment tax numbers. This is necessary along with the EIN that Moody River Estates already has. PDM will follow up as soon as they hear from the State.

ii. Financial Statements for May 2022

The Financial Statements were not available, and therefore, they will be reviewed at the next meeting.

D. Field Manager

Field Manager Pepin reviewed the Field Report and the following items were discussed:

Chris’s staff has developed a system for determining the percentage of total coverage of littorals on the lakes, which will be used in the planning of littoral placement in the future. In reference to Chair Pike’s question, Chris stated that they are seeing bull rush, and possibly soft rush, and he has asked Solitude to inspect it, so they can remove the bull rush, if necessary.

Chair Pike asked about the electricals around the monuments and wondered if the open boxes had been covered. Chris stated that the HOA might be doing work on them.

Supervisor Geltner would like Chris to give the Board estimates for the work that needs to be done in Fiscal Year 2023. Chris stated that he is putting together this list and is itemizing the projects by priority.

Supervisor Teckorius wondered if the aerators should be repaired, since they are approximately 15 years old.

Field Manager Pepin reviewed the progress of the Follow-up items:

A. Follow-up Items

i. Lake Maintenance Efforts

Chris reported that most of the lakes are in good condition. However, there is an increase of torpedo grass in Lakes 7, 8, 9, 10, 11, 12, 14, and 21. Lake 9 is heavily infested with torpedo grass and dollar weed. He has reported this to Solitude, and they will be treating the lakes.

ii. Aerator Maintenance Log Update

There were no major updates, but there are broken air stations on Lakes 2, 9, 13, and 21. Solitude will check on the replacement of diffuser disks in those air stations. The compressor on Lake 10 is down, and Chris will be working on this.

iii. Inspect Swales and Berms

Vice Chair Jenner asked about the inspection of swales and berms, and Chris stated that Wes had inspected them and made a list of issues.

B. Stormwater Cleaning Update

Sewer Viewer had completed cleaning stormwater structures B21 through B28. During the project, they discovered a buried manhole cover which was under one foot of dirt. Community Field Services wondered if it could be raised up, but they discovered that it was not feasible. They recommended filling the hole with filter fabric and rip rap, which can be removed if access to the manhole is needed.

C. Replacement of Rusted Electrical Panels Update

West Coast Electrical had completed the repairs to Lake 12. They provided a list of dates for the shutdown of electrical services, which will allow for the repair of the electrical panels.

i. Lake 1: Scheduled for shutdown and repair on July 5th.
ii. Lake 5: Scheduled for shutdown and repair on June 29th.
iii. Lake 13: Scheduled for shutdown and repair on June 30th.
iv. Lake 14: Scheduled for shutdown and repair on July 5th.
v. Lake 16: Scheduled for shutdown and repair on July 6th.

Supervisor Canoura mentioned an odor behind a house close to the guard house, and Chris stated that there is most likely a well behind their home. Any suggested solutions could be further discussed with PDM.

SEVENTH ORDER OF BUSINESS Old Business

A. Water Quality

i. Pond Watch Update

Vice Chair Jenner stated that they do not have a clear direction on the process of collecting samples. After discussion, it was ascertained that the volunteer leader should contact Dr. Ernesto for instruction.

B. HOA/CDD MOU Update

Attorney Eckert stated that he had received an update from the HOA, clarifying responsibility, and he will present the most recent version of the agreement to the HOA and PDM.

EIGHTH ORDER OF BUSINESS New Business

A. Fountains Discussion

The Board discussed the advantages and disadvantages of having fountains vs. aerators. The advantages include, noise abatement and their aesthetic appeal. Disadvantages include, the cost of running, and the fact that they cause erosion. They would like to get a recommendation from Dr. Ernesto.

On MOTION by Supervisor Geltner, seconded by Vice Chair Jenner, with 2 in favor, and Supervisor Canoura, Supervisor Teckorius, and Chair Pike opposed, the Board agreed to turn the fountains back on and get recommendations from District Management and Dr. Ernesto.

Motion failed.

B. Consideration of Agreed Code Enforcement Order

The District had received a notice of a code violation, and a hearing had been set for June 20, 2022. At the hearing, it was determined that the violation could be remedied, and the date for remedy was extended to September 14th. If not completed by then, they are subject to a $50/day fine. Field Manager Pepin stated that the work could be started in July.

On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board agreed to approve the agreement to correct the code violation on Lake 8, authorized the Chair to sign, and approved the staff to work on the project.

NINTH ORDER OF BUSINESS Special Projects

There were no special projects.

TENTH ORDER OF BUSINESS Supervisor Requests/Comments

Supervisor Canoura was concerned about the licensure of those doing work in the community, specifically Joe Comer, who uses pesticides. She would also like a continued discussion on placing littorals in the lakes and turning on the fountains.

Chair Pike would like to have feedback from the community concerning their desire to have fountains, and what the majority would like.

Supervisor Geltner suggested that the community elect Board members at the upcoming election that would follow the homeowners desires for work in the community, such as, whether the fountains should be on.

Supervisor Teckorius stated that the CDD has been negligent in resolving issues in the community, and wondered about any lawsuits that might result from this. He also wondered if caution tape should be placed in areas that need repair and that are a hazard. He also mentioned that he had spoken with a biologist who worked in Parker Lakes, who had given him information on the projects they had completed in their community, and that Moody River Estates should get recommendations from them. In addition, he stated that the proposed Fiscal Year 2023 Budget needs further discussion and that it should be on the Agenda for the July meeting.

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

Helen Gray commented that the Board should be able to determine the cost of fountains upkeep from the time they have been turned off until now. She would like to have them on, because of the enhancement to the environment, benefits to wildlife, and quality of life for the residents, and that the Board should not make a determination until they know what the actual costs would be to have them on.

John Hofstetter commented that he believes that a lot of people would like the fountains on and that he finds them to have aesthetic value and that they help greatly with noise abatement.

William Krukowski commented that the fountains should be turned on, no matter what the cost, and that they are aesthetically pleasing. He stated that the presence of fountains is one of the reasons he came to this community.

Susan Garling commented that she thought the Board agreed at the last meeting that Field Manager Pepin would give a report on the level of the lakes and if this would help determine if the fountains should be turned on, and it was not discussed at this meeting. She also stated that the electrical work on the monuments had been done. In addition, she stated that the HOA is waiting for a proposal from the vendor with specific costs for the repair of the monuments.

Teresa Silva commented that there would be a cost to abandon and remove the fountains. She also believed that the length of the Board meetings is increasing the attorney fees. She wondered if North Moody River residents will be billed for the inspection as well as the remediation.

Bill Bond believed that the fountains help with noise, and, as a member of the irrigation committee, he believed that there is significant cost to maintain the fountains.

Rick Doray was pleased that Field Manager Pepin is gathering projected costs for lake maintenance for the Fiscal Year 2023 Budget, and wondered if Engineer Barraco could see if there are lake construction needs, and what those costs would be.

Thomasina Abdoe commented that there may be some erosion from the fountains, but there are other causes for the erosion as well. She believed that they are important to the community and that they benefit the wildlife.

Steve (last name not available due to audio issues) stated that the community was not told that there would be charges for the the GPS survey. He also wondered why the District is now receiving violations, even though inspections had been done.

TWELFTH ORDER OF BUSINESS Adjournment

On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board agreed to adjourn.

The next Regular Meeting is scheduled for July 14, 2022 at 1:00 p.m.

Secretary/Assistant Secretary
Chair/Vice Chair