Meeting Minutes for February 24, 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 Wednesday, February 24, 2022 at 12 p.m.
Present (or attending via web conference) and constituting a quorum were:
Edward Pike – Chair
Chris Jenner – Vice Chair
Julia 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
Carl Barraco – Engineer
Bill Sowers – Assistant District Manager
Christopher Dudak – Client Services 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.
Audit Selection Committee Meeting
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order and all Board members were present, with Supervisor Teckorius attending via web conference. Also in attendance were Cal Teague, the District Manager, Carl Barraco, the Engineer. Participating via web conference were Mike Eckert, the Attorney, Bill Sowers, the Assistant District Manager, and Christopher Dudak of PDM.
SECOND ORDER OF BUSINESS Audit Selection Committee
A. Review Proposals
There was a proposal to select one firm for audits, because the other firm will not be able to make audits on time. This is a three-year contract, with the price the same for each of the three years. Supervisor ??? expressed concern with the auditor’s integrity, because of the serious issue with a management company in Collier County. He also stated that he believes that the language is vague.
On MOTION by ???, seconded by ???, with all in favor, the Board accepted the proposal of one firm for audit for, with the stipulation that the price is the same for each of three years.
B. Develop Recommendations
THIRD ORDER OF BUSINESS Audience Comments (3 minutes on Agenda items)
There were no Audience comments.
FOURTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board agreed to adjourn the meeting at 1:10, with the Regular Meeting to follow.
Regular Meeting of Moody River Estates
FIRST ORDER OF BUSINESS Call to Order and Roll Call
All attendees were previously specified in the Audit Selection Committee Meeting.
SECOND ORDER OF BUSINESS Approval of the Agenda
Add 6C District Records Policy
A resident wondered about a letter from District Manager Teague in the Agenda. He mentioned three points, and he was informed that they will be discussed in the meeting.
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board accepted the Agenda, as amended.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items (3 minutes on Agenda Items)
Rick Durant wondered if there is a 5-year plan for lake maintenance on all 21 lakes. There was also a discussion on 4:1 slopes on the lakes. Mr. Durant wondered if the slope of the lakes is in compliance with the South Florida Water Management District (SFWMD) requirements. District Manager Teague stated that there had been no citations from SFWMD. He also stated that Field Manager Pepin will do a spot check on the slopes of the lakes, and an engineering firm would be needed to do a full analysis. Supervisor Geltner ??? stated that Engineer Barraco had been hired for this purpose. Supervisor Teckoris would like to be sure that a requirement for a 4:1 slope on all lakes be in writing.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Regular Meeting Minutes from January 25, 2022
Supervisor Canoura had submitted some changes. Other changes are as follows:
Pg 8 Line 25 change rules to officers
Line 38 change to Attorney Eckert made no comment, because he didn’t ask for it in his report
Pg 6 Line 5-6 Supervisor Teckoris stated that he would like to see all residents that attended listed in the minutes
Pg 7 Line 16 change Sullivan to Silva
P 9 Line 35 change to Engineer Barraco will not certify the work in completion until all work is done properly.
On MOTION by Supervisor Geltner, seconded by Supervisor Teckorius, with all in favor, the Board approved the Draft Regular Meeting Minutes for January 25, 2022, as amended.
FIFTH ORDER OF BUSINESS Staff Reports
i. Stormwater Management 20 Year Needs Analysis Update
The Board would like to see the template that was provided by the State.
In response to Supervisor Teckorius’s question, Engineer Barraco stated that the proposal is a cost plus, not a lump sum.
It was stated that the proposal is for $6,000. The Board wondered what the actual cost is for the project. District Manager Teague stated that once the State receives the analysis, they will determine what is acceptable.
On MOTION by Supervisor Teckorius, seconded by Chair Pike, with all in favor, the Board accepted the proposal for the 20 year needs analysis, not to exceed $10,000.
ii. Lake Bank Maintenance Lakes 8 & 18 Update
Lake 8 was completed, but they were waiting to cut the bank. Lake 18 is completed. Supervisor Teckorius had observed that Lake 8 is the best looking lake in the community. There was also additional discussion on these lakes previously.
iii. Scope of Work for Competitive Bids for Lakes Compliance
There was a question as to what a scope of work entails. Per District Manager Teague and Engineer Barraco, the scope of work discusses what work is to be done in detail. The Board approved District Manager Teague to oversee the maintenance of the lakes without micromanaging him. He will work with Field Manager Pepin on projects and investigate all necessary solutions.
SIXTH ORDER OF BUSINESS Staff Reports
Attorney Eckert reviewed his report and the following was discussed:
He reported that a refund payment of over $2,000 from WHA will arrive shortly.
i. HOA/CDD ARC Communications Process
The documents had been received from Susan Garling of the HOA, and he will make a 1 page protocol. He saw the need to streamline the process so that there is no interference with the CDD easement rights.
ii. Discussion of Maintenance, Repair, and Replacement of Stormwater Facilities adjacent to Private Roadways
When speaking with Susan, she thought that a revised CDD/HOA agreement be drawn up to delineate the responsibility for the long term maintenance of the stormwater structures. Attorney Eckert was working on the agreement. Supervisor Teckorius would like the engineer to provide a detailed drawing specifying which assets belong to the CDD and which belong to the HOA. Attorney Eckert stated that this could be done in an exhibit. The Board requested that they be allowed to submit issues they would like included in the agreement.
C. District Manager
District Manager Teague presented his report and the following issues were discussed:
i. Board Goals and Objectives Discussion
District Manager Teague would like to have the Board send in ideas for the CIP with the goal of narrowing them down to 3-5 projects in the next six months. In response to Supervisor Teckorius’s question, Chair Pike would like to have a long term plan. The Board would like to see a model copy of long term plans from other communities.
ii. Management Company Transition Update
The documents received from the previous management company, WHA, are incomplete. The Board suggested that WHA and PDM meet to resolve the records transition. PDM will make another attempt to address this with WHA.
iii. Website ADA Compliance and Documents on the Website
There was a discussion on the requirements for ADA compliance when documents are put on the website. Client Services Manager Dudak from PDM stated that it is not necessary to have the whole Agenda packet on the website. If that is done, there are some documents that are hard to translate to the correct format. The Florida legislature has changed its requirements, but Moody River Estates rules have remained the same. The only items that are now required are the Agenda and the Minutes.
On MOTION by Supervisor Geltner, seconded by Supervisor Teckorius, with all in the favor, the Board agreed to place only the the Agenda and Minutes of the Board meetings on the website, as stipulated by Florida law.
iv. Financial Statements for December 2021 & January 2022
They are not available as of yet, because some forms and payroll records have not been transferred from US Bank.
v. Fiscal Year 2022 Election; Seats 1 & 5
Supervisor Jenner and Canoura are up for election. The instructions for filing are on the website and in a handout.
vi. Fiscal Year 2023 Budget Schedule
The Budget workshop schedule is being finalized, and the meetings could be every second or third Thursday. The deadline for the budget schedule is June 15, 2022. The Board decided that workshops do not have to be every month. They can be scheduled when needed.
B. Field Manager
i. Field Report
District Manager Teague reviewed the Field Report, and the following was discussed and action taken:
Field Manager Pepin would like a budget from the Board without needing approval from the Board for work on projects. He will soon begin work, and will present proposals when needed. It needs to be determined whether the responsibility for lake water quality is the CDD or the HOA.
On MOTION by Chair Pike, seconded by ???, with all in favor, the Board approved that the work of the Field Services crew need not have prior Board approval for work on projects, not to exceed $1,000 per month.
ii. Follow-up Items
a. Stormwater Scoping and Cleaning Concerns
Field Manager Pepin updated MRI’s cleaning proposals in a handout. This was tabled until the next meeting.
b. Preserve Markers
The location of the preserve markers will be logged in the April inspection.
c. Lake 6 Fountain Pump & Motor Repair
All repairs had been completed.
d. Lake 12 Fountain
District Manager Teague is waiting on a response to the request for work on the Lake 12 fountain, which was forwarded to Field Manager Pepin from Chair Pike. When District Manager Teague has received it, he will pass it on to the Board.
e. Garbage Cleanup around Lakes
This is scheduled to be completed by March 9th and 10th, 2022.
SIXTH ORDER OF BUSINESS Old Business
A. Permit Violation Concerns and Solutions
i. SFWMD General Inspection Report Update
This was discussed earlier in the meeting. Concerning the second letter to those have not taken action on the violations issued by the SFWMD, the Board will give the residents until March 7th, or March 14th, 2022 to respond. Engineer Barraco will inspect the work that has been done and report back to the Board.
B. Fiscal Year 2022 Meeting Schedule Re-review
There were three proposals in the packet for the regular Meeting schedule.
On MOTION by Chair Pike, seconded by Vice Chair Jenner, with all in favor, the Board approved the second Thursday of every month for the regular Board Meeting.
C. Discussion of Existing District Records Retention Policy
The Board agreed to continue retaining all the District records, and no further action was needed.
SEVENTH ORDER OF BUSINESS New Business
A. Audit Selection
District Manager Teague suggested the firm of Berger Toombs for all audits.
On MOTION by Vice Chair Jenner, seconded by Supervisor Teckorius, with all in favor, the Board accepted the firm of Berger Toombs for all audits.
B. Resolution 2202-05 Depository Change
District Manager Teague recommended Valley National Bank as the best depository for the District.
On MOTION by Supervisor Geltner, seconded by Supervisor Teckoris, with all in favor, the Board agreed to approve Resolution 2202-05, which changes the District’s depository to Valley National Bank.
C. New Proposal for Lake 6 Fountain Lights
Solitude submitted an estimate for replacing the lights which are no longer functioning properly.
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board approved the proposal to replace the Lake 6 fountain lights with LED bulbs, not to exceed $1,850.18.
EIGHTH ORDER OF BUSINESS Special Projects
Upon Supervisor Geltner’s suggestion, the Board agreed that all communication for requests from the Board and residents be sent to District Manager Teague, instead of contacting the Attorney or any other staff directly.
NINTH ORDER OF BUSINESS Next Meeting Quorum Check
The next meeting will be on March 10, 2022 at 1:00 p.m. A quorum will be present, with Supervisor Canoura reporting to District Manager Teague on her availability.
TENTH ORDER OF BUSINESS Supervisor Requests/Comments
Supervisor Geltner requested that the Board discuss the tree image that is on the monument. The Board decided that the banyan tree should be on all monument signs.
ELEVENTH ORDER OF BUSINESS Audience Comments (3 minutes on any topic)
Susan from the HOA commented that a letter was received from the SFWMD that provides an extension of permit issues. Supervisor Geltner will forward the letter to her. Also, she commented that the HOA had received quotes from Ameriscape to make repairs to monument signs for approximately $75,000.
Bill requested that a Board member attend the HOA meetings and report on what the CDD is doing. Attorney Eckert explained the requirements of the Sunshine Law.
The residents and the Board discussed the unequal treatment of the entire community regarding inspections. They were also considering whether the inspections can be done by Field Manager Pepin, rather than Engineer Barraco, to save money.
TWELFTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board agreed to adjourn at 4:55 p.m.
The next Regular Meeting is scheduled for March 10, 2022 at 1:00 p.m.