Meeting Minutes for April 14, 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, April 14, 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
Chris Pepin – Field Manager, Community Field Services
Sheila Mourick – Administrative Coordinator, PDM
Gaby Novak – Project Specialist, PDM
Susan Garling – HOA Board President
Terri Silva – HOA Board Vice President
Patty Wachter – HOA Secretary
Omar & Thomie Abdoe – 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 was Cal Teague, the District Manager. Participating via web conference were Mike Eckert, the Attorney, Carl Barraco, the Engineer, Wes Kayne, the Engineer, and Chris Pepin, the Field Manager. HOA Officers Susan Garling, Teresa Silva, and Patty Wachter, and Residents Omar and Thomie Abdoe were present. Also participating via web conference were Gaby Novak, Project Specialist, and Sheila Mourick, Administrative Coordinator, of PDM.
SECOND ORDER OF BUSINESS Approval of the Agenda
Change item 8C i., ii., iii. to 9D i., ii., iii.
Add 8A i., ii., iii. and 8Bi.
On MOTION by Chair Pike, seconded by Supervisor Canoura, with all in favor, the Board approved the Agenda, as amended.
THIRD ORDER OF BUSINESS Resolution 2022-06 General Elections
After discussion, the Board approved the resolution, and it will be sent to the County.
On MOTION by Vice Chair Jenner, seconded by Chair Pike, with all in favor, the Board approved Resolution 2022-06 General Elections.
FOURTH ORDER OF BUSINESS Notice of Qualifying Period for Candidates for the Board of Supervisors
The Board approved the Notice of Qualifying Period for Candidates for the Board of Supervisors, and it will be posted on the website.
FIFTH ORDER OF BUSINESS Audience Comments on Agenda Items (3 minutes on Agenda items)
Teresa Silva commented on the lake repairs.
Patty Wachter commented on record requests and on the fountains that are turned off.
SIXTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Regular Meeting Minutes from March 10, 2022
On MOTION by Chair Pike, seconded by Supervisor Canoura, with all in favor, the Board accepted the Draft Regular Meeting Minutes from March 10, 2022, as submitted.
SEVENTH ORDER OF BUSINESS Staff Reports
A. Engineer
Engineer Barraco updated the Board on the status of the South Florida Water Management District (SFWMD) permit violations, and the inspection that was done by Engineer Barraco, Wes Kayne, Supervisor Teckorius, and a representative from SFWMD. Engineer Barraco stated that the inspector was pleased with the progress, but several violations were still a concern. Engineer Barraco will continue with the work on the project.
B. Attorney
i. Memorandum re: Best Practices for Responding to Public Records Request
The Board was in agreement on this process of requesting public records, as stated in the memorandum.
ii. HOA/CDD MOU
The Board discussed the current Facilities Maintenance Agreement with the HOA regarding stormwater the responsibilities of all the assets in this system. Supervisor Geltner presented some suggested changes, which will be a clear definition of ownership and responsibilities. The Board approved these changes, conditional to verification of ownership, which might need a review of development requisitions. In addition, the District will meet with the HOA to determine if this is an acceptable document.
On MOTION by Supervisor Geltner, seconded by Supervisor Teckorius, with all in favor, the Board approved the changes to the Memorandum of Ownership verifying the ownership and maintenance of the stormwater system, as submitted by Supervisor Geltner, contingent on the approval of the HOA.
The Board also discussed the review of ARC applications that might impact CDD easements. HOA Board President Susan Garling stated that the HOA will no longer approve these applications. The Board asked Attorney Eckert to prepare a list of the type of potential infringements on CDD easements.
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board authorized the Attorney to request copies of ARC applications that might infringe into the CDD easement.
C. District Manager
District Manager Teague presented his report and the following issues were discussed:
i. Management Company Transition Update
The previous management company still had not forwarded some documents, and Attorney Eckert will contact the principals to attempt receipt of these documents. In addition, District Manager Teague stated that the payroll information had not been turned over, which has resulted in nonpayment of the Supervisors.
ii. Financial Statements for March 2022
District Manager Teague reviewed the Financials for March, 2022.
On MOTION by Chair Pike, seconded by Vice Chair Jenner, with all in favor, the Board accepted the Financial Statements for March, 2022, as submitted.
iii. Discussion of Additional Contracted Field Management Services
District Manager Teague stated that the field management issues were taking more time to resolve than had been anticipated. He also felt that more inspections were justified. The agreed upon increased inspections will be ratified at next month’s meeting.
On MOTION by Supervisor Geltner, seconded by Vice Chair Jenner, with all in favor, the Board approved amendments to the Field Management Services contract which specifies an increase in fees to $500 per month for the Field Manager’s onsite visits, and changing quarterly field inspections to every two months, effective April 1, 2022.
iv. Fiscal Year Budget 2023
The draft budget was reviewed and will be discussed further at a continuation meeting.
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board agreed to have a continuation meeting for the Fiscal Year 2023 Budget on April 29, 2022 at 1:00 p.m.
D. Field Manager
i. Field Report
Chris Pepin reviewed his report, and answered questions:
Regarding lake management, the water is currently low, and the community is not eligible for reclaimed water from the County. Chris recommended transplanting littorals from lakes to those who are low on littornals.
In the preserves vegetation is encroaching on homes and tall trees are encroaching on cages. Attorney Eckert stated that the property owner can cut back encroaching vegetation.
PDM is sending letters to homeowners placing bird feeders in drainage swales, and if they are not moved, Chris will remove them.
ii. Follow-up Items
a. Garbage Cleanup around Lakes Updates
This project had been completed.
b. Lake 6 Fountain Lights Update
The second set will be installed within the next two weeks.
c. Compressor Repair on Lake 13 Update
This project had been completed.
d. Aerator Maintenance Log
The service reports had been provided to the Board in a packet for their review.
EIGHTH ORDER OF BUSINESS Old Business
A. Lake Bank Maintenance Discussions
i. Lakes 8 and 18 Updates
Lake 8 was 90% complete, and the work on Lake 18 was canceled until a direction going forward can be established.
ii. Erosion Prevention
Staff is preparing projected costs for addressing the repairs identified in Field Manager Pepin’s erosion report.
iii. Residential Roof Drains
Regarding Chair Pike and Supervisor Geltner’s request to see the impact of roof drains on water quality and erosion, District Manager Teague stated that washouts are from the swales coming out of the roof drains. The solution is to connect the downspouts of the roof drains and run them underground to the lakes. The homeowner would be responsible for running the roof drain underground, and the CDD would run the drains from the LME to the lake. This project is postponed for now.
There was a question about the depth of the lakes, and a bathometric quote for measuring the depth of the lakes and the silt, covidity, and other measurements was discussed.
B. Storm Water Maintenance
i. Proposal for Additional Cleaning
District Manager Teague stated that the storm sewers need a full cleaning, and two bids were received. The bid from MRI was $8,500, and the Sewer Viewer bid was $7,355.
On MOTION by Supervisor Canoura, seconded by Supervisor Geltner, with all in favor, the Board approved the cleaning of the storm sewer system by Sewer Viewer, not to exceed $7,355.
NINTH ORDER OF BUSINESS New Business
A. Replacement of Rusted Out Electrical Panels
The necessity of immediate replacement was discussed, and the Board decided to go ahead with the project.
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board approved the replacement of six electrical panels by West Coast Electrical, not to exceed $13,515.
B. Value of fountains
This was tabled until there can be further discussion at the next meeting.
C. Water Shortage issues/strategies
This was tabled until there can be further discussion at the next meeting.
D. Water Quality in the Lakes
This was tabled until there can be further discussion at the next meeting.
i. Water testing in the lakes
ii. Pond watch
iii. Treatment of the Lakes (copper sulfate)
TENTH ORDER OF BUSINESS Special Projects
There were no special projects.
ELEVENTH ORDER OF BUSINESS Next Meeting Quorum Check
It was determined that there will be a quorum for next month’s meeting.
TWELFTH ORDER OF BUSINESS Supervisor Requests/Comments
There were no Supervisor Requests or Comments.
THIRTEENTH ORDER OF BUSINESS Audience Comments (3 minutes on any topic)
Patty Wachter wondered how long the fountains are going to be shut off. District Manager Teague stated that they are shut off because of the low water level, and there was discussion about waiting to turn them back on until the rainy season.
Susan Garling asked when the swales and berms in the Central and South will be inspected, and if they will have the same specifications as those that had been done in the North. District Manager Teague will get a report from Engineer Barraco about the inspection.
Teresa Silva stated that she can provide all copies of any ARC applications.
FOURTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Chair Pike, seconded by Supervisor Canoura, with all in favor, the Board agreed to adjourn at 4:51 p.m., and continue the meeting on April 29, 2022 to discuss the 2023 Fiscal Year Budget only.
The Continuation Meeting is scheduled for April 29, 2022 at 1:00 p.m.
The next Regular Meeting is scheduled for May 12, 2022 at 1:00 p.m.