Meeting Minutes for August 17, 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, August 17, 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)
Carl Barraco – Engineer, Barraco and Associates
Frank Savage – Engineer, Barraco and Associates
Mike Eckert – 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, Carl Barraco, the Engineer, Frank Savage, Engineer, Melissa Gindling of PDM, and Several Residents. Mike Eckert, the 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 8Av Proposal for Lake 10 Fountain
On MOTION by Vice Chair Jenner, seconded by Supervisor Meade, 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
John Teckorius commented about the maintenance of the monuments.
Helen Gray expressed her concern about the usefulness of the GIS map.
FIFTH ORDER OF BUSINESS Fiscal Year 2024 Budget and O&M Special Assessment Public Hearings
A. Consideration of Final Budget
District Manager Teague reviewed the proposed Budget and stated that there is no increase in assessments. Funds have been allocated for lake bank restoration and aerators, and there is a designation for the HOA electricity reimbursement costs. He stated that the R&M-General Account had not been used for many years, so it could be removed in the future. He also stated that the dates of the fiscal year have been added to the cover sheet.
B. Consideration of Assessment Rates
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with all in favor, the Budget and Assessment Public Hearing was opened at 1:11 p.m.
Helen Gray commented that the legal and engineering fees are currently over budget, and she was concerned that the FY 2024 budgeted amounts were too low. She was also concerned that the fund balance was unallocated. District Manager Teague noted that engineering and legal fees are difficult to project, because they vary from year to year. He also noted that the fund balance can be assigned, but historically that has not been done by the Board.
Chair Boland stated that the engineering fees probably rose because of violations and the resulting reparations. He also stated that the legal fees increased because of his request that the Attorney inform the Board of its rights and responsibilities.
No other public comment was offered.
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Budget and Assessment Public Hearing was closed at 1:18 p.m.
C. Resolution 2023-05: Adoption of FY 2024 Budget
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board approved Resolution 2023-05 adopting the Fiscal Year 2024 Budget.
D. Resolution 2023-06: Approval of FY 2024 Assessment Levy
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board approved Resolution 2023-06 adopting the Fiscal Year 2024 Assessment Levy.
SIXTH ORDER OF BUSINESS District Engineer Items
A. Updated South and Central Berm/Swale Discrepancies Observation Exhibit
Engineer Barraco noted that an updated exhibit had been distributed to the Board. He also stated that they have been talking with residents, and he believes that everyone seems to understand what needs to be done to complete the remediation.
B. Update on Lee County Code Violations for Lakes 8 and 12
Engineer Barraco stated that the contractor cannot complete the repairs until after the rainy season. The District may still be fined by Lee County, but he hopes that the fines can be waived or reduced, because the remediation is in process.
C. Revised Lake Bank LDO
Engineer Barraco noted that Lakes 8, 12, and 18 had been approved, and the revised LDO includes all of the remaining lakes. The Board can decide which lake or area to repair first, and they can also continue to repair other lakes if the Budget allows. Carl stated that the County will review the LDO, and the Engineers hope to submit it early next week.
D. Lee County Code Violations for Lakes 2, 4 and 5
Engineer Barraco stated that the County only gave the District 30 days to correct the code violations, and he believes that this is unreasonable. He stated that the reparations cannot be completed until after the rainy season, and staff would need to obtain bids first.
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
B. Motion to Approve Balance of Items
On MOTION by Supervisor Meade, seconded by Vice Chair Jenner, 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 June 15, 2023
Vice Chair Jenner requested that the name of the supervisor who pulled an item be designated in the minutes going forward. He also asked that a time be recorded when a supervisor leaves the meeting. Staff will see that this is done.
ii. Monthly Financial Summary for the Month of June 2023
iii. Monthly Financial Summary for the Month of July 2023
iv. Report on Pond Watch
v. July and August Maintenance Reports from AWC and Lake Doctors
vi. FEMA Reimbursement Update
vii. Action List
viii. Field Report for July
ix. Compliance Letter from SFWMD – Moody Canal
EIGHTH ORDER OF BUSINESS Business Items
i. Cabbage Palm Removal and Trimming Update
Supervisor Krukowski reported that the leaning cabbage palms and oak trees have been removed on Lakes 9 & 18. The Board had approved $2,500 for the removal, and the contractor only charged $1,500. The additional $1,000 was used to prune all of the palm trees on Lake 18. Supervisor Krukowski stated that a resident on Lake 18 complained that some overgrown palm trees which are overtaking the cypress trees behind their home were not removed.
ii. Aerator Upgrade Program
Supervisor Krukowski reported that a new aerator system has been installed in Lake 2, and a new compressor has been installed in Lake 17. He stated that compressors in Lakes 16 and 18 are not functioning, and the compressor in Lake 10 was hit by lightning, and is therefore not functioning.
Supervisor Krukowski stated that they had received proposals from Premier Lakes and Lake Doctors for upgrading the aeration systems on Lakes 9, 10, 12, 13, & 14, because those lakes had the most fish kills last winter. Supervisor Geltner asked why there was a need for aeration upgrades, and it was stated that it is due to aeration requirements stated in the County violation notices and to fish kills. In addition, Dr. Ernesto de la Vega had informed Supervisor Krukowski that more aeration could help control phosphorous and algae in the lakes.
On MOTION by Chair Boland, seconded by Supervisor Meade, with none in favor and 5 opposed, the Board approved Premier Lakes for an aeration upgrade program in Lakes 9, 10, 12, 13, & 14, not to exceed $55,000. Motion failed.
On MOTION by Chair Boland, seconded by Supervisor Meade, with 4 in favor and Supervisor Geltner opposed, the Board approved Lake Doctors for an aeration upgrade program in Lakes 9, 10, 12, 13, & 14, not to exceed $52,500.
iii. Proposals for Annual Aeration and Fountain Maintenance
Lake Doctors is the current provider for aerator and fountain maintenance, and Premier Lakes also submitted maintenance agreement proposals. The annual amounts for Lake Doctors are $1,650 for the aerators and $1,650 for the fountains. Premier Lakes came in at $4,800 for the aerators and $3,000 for the fountains. Field Manager Pepin noted that Lake Doctors was having trouble getting equipment for a while, but they seem to have corrected the issue. After discussion, the Board decided to keep Lake Doctors for aerator and fountain maintenance.
iv. Additional Invoice for Electrical Panel Repairs on Lakes 2, 7 and 15
Field Manager Pepin stated that the electrical contractor had made a miscalculation when submitting their proposal, and they had failed to include work on all of the lakes. They realize that it was their mistake, and they requested to be paid for materials and agreed not to charge for the labor costs.
On MOTION by Supervisor Krukowski, seconded by Chair Boland, with all in favor, the Board approved the payment to AA Action Electric for the cost of materials, not to exceed $3,245.06.
v. Proposal for Lake 10 Fountain
This fountain was struck by lightning or affected by an electrical surge and is no longer functional. John Teckorius and other residents stated that it is on a private lake, which is not seen by other residents, and they believe that the $10,000 needed to repair it should be used for lake maintenance. Some residents stated that the Board is responsible for maintaining all of the community, whether it is seen by all residents or not. A resident stated that she lives on Lake 10 and would like the fountain repaired.
On MOTION by Chair Boland, seconded by Supervisor Meade, with 3 in favor and Chair Boland and Vice Chair Jenner opposed, the Board approved Lake Doctors to replace the fountain on Lake 10, not to exceed $10,200.
Field Manager Pepin noted that the previously approved proposal from Lake Doctors for aerators on Lakes 9, 10, 12, 13, &14 also included the replacement of the fountain on Lake 10, so the additional $10,200 is not needed. The total cost is $49,986.60, which is below the previously approved amount of $52,500.
B. Stormwater Management
i. Proposed Stormwater Management Plan
The plan has been reviewed and comments were received from 2 supervisors and Attorney Eckert, and they were “red-lined” in the draft. The Board decided to table this until the next meeting, so they can review this draft again.
ii. Proposed Policy Related to Restoration and Maintenance of CDD Assets
Supervisor Geltner had drafted this policy, and it was included in the packet, along with Attorney Eckert’s comments on the draft.
On MOTION by Supervisor Geltner, seconded by Chair Boland, with all in favor, the Board adopted the policy for restoring and maintaining CDD assets, as drafted by Supervisor Geltner, and reviewed but not changed by the Attorney.
iii. Request for Regrading at 13331/13341 Seaside Harbour
A resident had complained of flooding in this area, and, after inspection, Engineer Kayne had suggested that it be regraded. The Board was sympathetic to the problem, but they are unsure about what is specifically requested. It was suggested that this area is not a part of the stormwater management system and therefore not CDD responsibility. It may be the responsibility of the ARC, so staff will investigate, and let the resident know if he needs to contact ARC. The Board also asked Engineer Kayne to be present for the next discussion, since he had evaluated the area.
C. Repair and Maintenance
i. Chain Link Fence Repair Proposal
Eagle Fence had submitted a proposal to repair 2 sections of the fence, but it was unclear if they were on CDD property. After discussion, it was decided that District Manager Teague and Supervisor Krukowski will determine if it is CDD property before the fence is repaired.
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board approved the repair of two sections of the chain link fence, not to exceed $3,000, contingent on the determination that the fence is on CDD property.
ii. Monument Signs
Chair Boland had requested that District Manager Teague clarify the facilities maintenance agreement between the CDD and the HOA to determine if monument sign maintenance is CDD responsibility. District Manager Teague asked for Attorney Eckert’s opinion, and Attorney Eckert stated that the agreement was not a well written document, and he believed that the CDD should take responsibility for maintaining the monument signs. He also recommended re-writing or amending the maintenance agreement, so that it only covers irrigation and landscape maintenance. Chair Boland suggested that the CDD follow the recommendations of Attorney Eckert. Susan Garling and Teresa Silva commented on the history of the agreement. The Board requested that the email from Attorney Eckert regarding the facilities maintenance agreement be forwarded to them.
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board approved taking responsibility for monument sign maintenance.
D. GIS Proposal Update
Helen Gray had raised several questions about the GIS map earlier in the meeting, and Chair Boland stated that he did not have the information to answer them. He recommended that this item be removed from the Agenda for the present time, and the Board agreed.
E. Financial Audit Selection Committee Recommendation
Proposals for auditor were received from two firms. Berger, Toombs, Elam, Gaines & Frank quoted $5,085 per year, and Grau & Associates quoted $3,400 per year. The Board agreed to accept the Audit Selection Committee’s rankings and authorized staff to negotiate with Grau & Associates as auditor.
On MOTION by Chair Boland, seconded by Supervisor Geltner, with all in favor, the Board approved the Audit Selection Committee’s rankings and authorized staff to negotiate with Grau & Associates as auditor.
NINTH ORDER OF BUSINESS Supervisors’ Items
Supervisor Krukowski requested to move the compressor from Lake 10 to another lake, if it is still functional. He also asked if the old fountain equipment from Lake 10 can be retained for use in another lake in the future. The Board agreed to both of these items.
TENTH ORDER OF BUSINESS District Counsel Items
A. Walkway at 13461 Seaside Harbour
Attorney Eckert stated that an encroachment agreement was entered into with this homeowner on May 18, 2023, requiring them to install a new drain on the side of their house and to bring a walkway leading to the dock at the rear of their property into compliance with the HOA Covenant, which provides that it be no more than 4 feet wide to avoid native vegetation to the maximum extent possible. The homeowner installed the new drain, but there had been no adjustment made to the walkway. On July 26, 2023 District Manager Teague had sent a follow up letter as a reminder, informing them that the encroachment agreement allowing their pool and pool deck may be revoked. The Board asked Attorney Eckert to send a letter to the homeowner, requiring them to complete the walkway portion of the agreement, and to note a deadline for the expected completion of this work.
The video/audio was no longer available due to technical issues.
ELEVENTH ORDER OF BUSINESS District Manager Items
A. Resolution 2023-07: Fiscal Year 2024 Meeting Dates
District Manager Teague presented a resolution for setting the Fiscal Year 2024 meeting dates. Chair Boland mentioned canceling the September, November and/or December meetings.
On MOTION by Supervisor Geltner, seconded by Chair Boland, with all in favor, the Board approved Resolution 2023-07 setting the Fiscal Year 2024 meeting dates for the third Thursday of every month at 1 p.m.
TWELFTH ORDER OF BUSINESS Field Manager Items
Field Manager Pepin’s report was covered in the Consent Agenda. There was nothing further to report.
THIRTEENTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Resident Helen Gray expressed her thanks to staff for the quick delivery of documents that she had requested.
Resident Rick Doran commented that he had been concerned about the lake maintenance budget and was encouraged to see that people are now concerned about lake maintenance, since he lived near the child who drowned in one of the lakes. He also thanked Supervisor Krukowski for his work on lake maintenance, and aeration and fountain maintenance.
A resident asked about the information from Barraco and Associates regarding ownership maps and other items. Staff noted that the information had been received from Barraco and Associates and was being reviewed.
Chair Boland asked if the Board would be agreeable to canceling the September meeting, and there were no objections. The next meeting will be in October.
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board agreed to cancel the September, 2023 meeting.
FOURTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Chair Boland, seconded by Supervisor Meade, with all in favor, the Board agreed to adjourn at 3:00 p.m.
The next Regular Meeting is scheduled for October 19, 2023 at 1:00 p.m.