Draft Meeting Minutes for October 19, 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, October 19, 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)
Frank Savage – Engineer, Barraco and Associates
Kate John – Attorney, Kutak Rock, LLP
Chris Pepin – Field Manager, Community Field Services
Melissa Gindling – Assistant District Manager, PDM
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, Frank Savage, Engineer, Melissa Gindling of PDM, and Several Residents. Kate John, Attorney, Chris Pepin, the Field Manager, and Several Residents participated via web conference.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 7Civ: Street Sweeping Concerns
Add 10C: Resolution 2024-01: FY 2023 Budget Amendment
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
Resident C. Walter commented on the fountain lights that are not working. He also commented that two trees had fallen on Lake #11, and he wondered if these trees will be replaced. In addition, he commented on some of the vegetation around the lakes.
Resident Melody Van Horn commented on the plantings in the easement.
FIFTH ORDER OF BUSINESS District Engineer Items
A. South and Central Berm/Swale Discrepancies
Engineer Frank Savage reported that the Engineers continue to gain information from residents who have contacted them, thereby delineating CDD property from residential property, and that an updated map had been provided at the August meeting. After discussion, the Board asked the Engineers to define a scope of work and devise estimates for the engineering cost and work for completing the berm and swale project. Engineer Savage will work with District Manager Teague to formulate this information.
B. Lee County Code Violations for Lakes 8 and 12
District Manager Teague reported that the contractor is working on these lakes now, and he hopes to have them completed this week, or at the latest by next week. District Manager Teague will also contact the County to see if they will waive the fines. The Board requested management to provide the total amount of the fines that could be assessed to the District.
C. Lee County Code Violations for Lakes 2, 4 and 5
Engineer Savage stated that they are asking the County to include all of the lakes in the LDO, not just Lakes 8, 12, and 18, and they are waiting for approval. Once they have obtained approval, the Board can decide the order in which the lakes will be repaired. Supervisor Krukowski stated the importance of beginning the project at least by January to avoid delays during the rainy season.
D. Request for Regrading at 13331/13341 Seaside Harbour
Engineer Savage reviewed the background emails and photos of the drainage concerns at this property. He did not recommend action by the CDD at this time, since the 6” variation in the swale is not out of the permit requirements. He noted that the swale is designed to hold water, and since the previous violations in the canal area had been addressed, it is possible that there could be more standing water after a rain event than there previously had been. The Board also noted that the issue could have resulted from the initial construction on the homeowner’s property. Chair Boland stated that it is his understanding that when a homeowner installs a structure, such as a walkway, they are required to ask permission, and he wonders why this was not enforced. He also asked why the residents were asked to remove plants and trees when they had not been required to gain permission for altering the swale. In addition, he stated that there is an issue if some are granted an easement use agreement and others are not. It was noted that one of the homeowners did not get permission for the walkway that runs through the easement, and that the CDD should reach out and request an easement use agreement with the homeowner. This will be discussed further at the next meeting.
SIXTH 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
B. Motion to Approve Balance of Items
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 August 17, 2023 – Audit Selection Committee
ii. Meeting Minutes from August 17, 2023 – Regular Meeting
iii. Monthly Financial Summary for the Month of August 2023
iv. Monthly Financial Summary for the Month of September 2023
v. Report on Pond Watch
vi. Maintenance Reports from AWC and Lake Doctors
vii. Action List
viii. Current Field Report
SEVENTH ORDER OF BUSINESS Business Items
i. Aerator Upgrade Program Follow-up
District Manager Teague stated that new aerator systems have been installed in Lakes 10, 13, 14. The Board discussed Field Manager Pepin’s report on the aerator and fountain issues. Lake Doctors provided proposals for aerator systems for Lakes 15, 18 and 20. The Board approved the proposal quoted at $13,200.
On MOTION by Supervisor Krukowski, seconded by Supervisor Geltner, with all in favor, the Board approved Lake Doctors to install aerator systems in Lakes 15,18 and 20, not to exceed $13,200.
ii. Fountain Proposals for Lake #3 and Lake #11
Supervisor Krukowski reported on the progress of fountain installation in the lakes. He also stated that the fountain in Lake 3 was damaged due to a lightning strike and needs to be replaced, and the Board reviewed two options. The first was to replace the current 7.5hp fountain with a 5hp fountain. The second option was to move the fountain in Lake 11 to Lake 3 and install a new 3hp fountain in Lake 11, which would avoid the purchase of a 5hp fountain. After discussion from the Board, Field Manager Pepin, District Manager Teague, and the Audience, the Board approved the first option at the cost of $12,548, which was slightly higher than the second option.
On MOTION by Supervisor Krukowski, seconded by Chair Boland, with 1 in favor and Chair Boland, Vice Chair Jenner, and Supervisors Meade and Geltner opposed, it was proposed to move the fountain in Lake 11 to Lake 3 and to install a brand new 3hp fountain in Lake 11. Motion failed.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with 4 in favor and Chair Boland opposed, the Board approved Lake Doctors to replace the current 7.5hp fountain on Lake 3 with a 5hp fountain, not to exceed $12,548.
Supervisor Krukowski also reported that the light systems on Lakes 11 and 15 are no longer working and need to be replaced. Lake Doctors provided proposals for new light kits for Lake 11 at $2,463.72 and Lake 15 at $2,563.49. The Board approved both proposals.
On MOTION by Supervisor Geltner, seconded by Supervisor Meade, with all in favor, the Board approved Lake Doctors to install new light kits on Lake 11, not to exceed $2,463.72.
On MOTION by Supervisor Krukowski, seconded by Supervisor Meade, with all in favor, the Board approved Lake Doctors to install new light kits on Lake 15, not to exceed $2,563.49.
iii. Lake Bank Maintenance Concerns
Supervisor Krukowski reported that the mowing performed by Ameriscape along the lake banks is not sufficient, and he provided photos of the lake banks in the community. He suggested installing grasses that do not need cutting. The Board asked staff to send a letter to Jon Hosey from Ameriscape, letting him know that mowing every 8 weeks is not sufficient.
iv. Maintenance Contract Renewals from Aquatic Weed Control
District Manager Teague stated that the current agreements are not auto-renewed, so Aquatic Weed Control (AWC) has submitted new agreements for next year. There are no price increases, and, after discussion, the Board approved renewing both.
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board approved the renewal of two contracts with Aquatic Weed Control.
B. Stormwater Management
i. Proposed Stormwater Management Plan
This item was tabled until a future meeting.
ii. Policy Related to Restoration and Maintenance of CDD Assets
District Manager Teague stated that Supervisor Geltner’s policy in reference to restoration and maintenance of CDD assets was approved at the last meeting. Based on the discussion at the meeting, staff was not sure if it was clear that Attorney Eckert’s comments had not been incorporated into this draft. The Board asked Supervisor Geltner to work with Attorney Eckert to revise the document, and he was authorized to finalize the document or bring it back to the Board for approval.
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with 4 in favor and Supervisor Meade absent, the Board approved Supervisor Geltner to confer with the Attorney concerning the restoration and maintenance of CDD assets draft, and he was authorized to finalize and approve the document, with the Attorney’s comments included.
iii. Request to Add SFWMD Brochure to CDD Website
Chair Boland requested that this be removed from future Agendas.
C. Repair and Maintenance
i. Amendment to Facilities Maintenance Agreement
Chair Boland stated that there is a need for an amendment to the facilities maintenance agreement, because the monuments are now in disrepair. He stated that Attorney Eckert had drafted the amendment, stating that the monument signs will be removed from the maintenance agreement. The Board approved this amendment and asked staff to share this with Jon Hosey of Ameriscape for his review.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with all in favor, the Board approved an amendment to the facilities maintenance agreement, removing the monuments from the agreement, and authorizing the District Manager to forward the document to Ameriscape for signature.
ii. Monument Signs
The Board requested to have the signs fixed, after the agreement is approved and signed. They also requested that Field Manager Pepin obtain proposals for the most prominent signs needing repair, and stated that the remaining signs can be restored at a later time. The CDD does not have funds for this project, so the HOA reserve funds will be used up to $150,000. Supervisor Geltner also noted that the signs should display a banyan tree symbol, as opposed to what is believed to be an oak tree.
iii. Discussion Regarding CDD/HOA Ownership of Lakes and Preserves
District Manager Teague reported that some of the preserves appear to be owned by the HOA, not the CDD, and therefore they may not have protection under sovereign immunity. Resident John Teckorius has also pointed out that the drainage portion of the bridge at the entrance may be owned by the CDD, and there are some erosion issues that need to be addressed. The Board requested that Field Manager Pepin and Engineer Savage conduct an inspection and report back.
iv. Street Sweeping Concerns
Supervisor Krukowski reported that he observed the street sweeper and discovered that they had not been sweeping the entire community and did not appear to be sufficiently completing their contracted work. After discussion, the Board directed staff to cancel the street sweeping contract as soon as possible. Staff will also consider getting the last invoice waived, since the work did not appear complete.
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with 4 in favor and Supervisor Geltner opposed, the Board approved the cancellation of the contract with the street sweeping company with 30 days notice, with the last invoice waived, if possible, and with the District Manager authorized to cancel the contract.
D. Lessons Learned from SFWMD Violations
Chair Boland and District Manager Teague noted that during the easement use agreement process with a resident, confusion had resulted from HOA Board members representing HOA decisions at CDD meetings which did not appear to have approval from the HOA Board. It was stated that, in the future, it would be more acceptable to receive information from the HOA in writing. In addition, Supervisors should not communicate CDD decisions publicly, unless the Board was authorized to do so at a CDD public meeting.
Resident Melody Van Horn presented a petition, which had been signed by some property owners on the north canal. It expressed their concern for the poor condition of the canal, which they believe is a result of the HOA’s requirement to remove vegetation in the easement. She asked the Board if there were any issues with the residents re-planting the area. Chair Boland stated that the CDD has no objection, but Attorney Kate John advised the Board that this should be tabled until it is researched. After discussion, including comments from residents, the Board tabled the issue, and staff will conduct research for future consideration.
EIGHTH ORDER OF BUSINESS Supervisors’ Items
Supervisor Geltner commented about a walkway that needs to be trimmed, but it was confirmed that this is the responsibility of the HOA.
Chair Boland noted later in the meeting that the Board has the option to re-organize in November and elect a new chair and other officers, if they so desire.
NINTH ORDER OF BUSINESS District Counsel Items
Attorney John stated that they will be presenting the ethics training requirements for Board Supervisors in the next month or two.
TENTH ORDER OF BUSINESS District Manager Items
A. FEMA Reimbursement Update
District Manager Teague reported that the FEMA public assistance program delivery manager (PDMG) was not allowed access to the community, and on September 14, 2023 they uploaded a memo to the grant’s portal, which is used for the eligibility review for all of PDM’s CDD applications. Staff believes that they are planning to use a slight change in the wording of their requirements for CDD’s to deny the application, which states that reimbursement is only available for “an eligible facility that is open to and serves the general public.” In 2020, the phrase was “an eligible facility that is accessible to the general public.” Staff will appeal this decision if that occurs.
B. November and December Meeting Dates
After discussion, the Board decided to keep the November meeting and cancel the December meeting. District Manager Teague stated that he cannot attend the November meeting, but Assistant District Manager Gindling will attend.
On MOTION by Chair Boland, seconded by Supervisor Meade, with 4 in favor, and Supervisor Geltner opposed, the Board approved keeping the November 2023 meeting and canceling the December 2023 meeting.
C. Resolution 2024-01: Fiscal Year 2023 Budget Amendment
District Manager Teague stated that this will allow necessary changes to the Budget.
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board approved Resolution 2024-01 Fiscal Year 2023 Budget Amendment, as presented.
ELEVENTH ORDER OF BUSINESS Field Manager Items
A. Project Updates
i. Chain Link Fence Repair Update
Supervisor Krukowski had spoken with the contractor, and the contractor informed him that no permit is required to repair the fence. The contractor stated that the fence company will begin work on the fence next week.
TWELFTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Resident Patti Wachter commented that the letter which had been prepared by the HOA had been distributed to the Board only. She also commented that she had informed Ameriscape that the trimming around the lakes is deficient and is not acceptable.
Resident Steve Thomas asked if he could install native plants in the easement.
Resident John Teckorius asked for clarification concerning the area in question and wondered if it is called a recreational buffer.
THIRTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Meade, seconded by Supervisor Geltner, with all in favor, the Board agreed to adjourn at 3:46 p.m.
The next Regular Meeting is scheduled for November 16, 2023 at 1:00 p.m.