Meeting Minutes for July 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 Clubhouse at Moody River Estates, 3050 Moody River Boulevard, North Fort Myers, Florida 33903, and also via web conference on Thursday, July 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:
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
Susan Garling – HOA Board President
Teresa Silva – HOA Board Vice President
Patti Wachter – HOA Board Secretary
Gaby Novak – Project Specialist, 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, and 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, Mike Eckert, the Attorney, Patti Wachter of the HOA, and Several Residents, including Thomasina and Omar Abdoe, and Gaby Novak from PDM.
SECOND ORDER OF BUSINESS Approval of the Agenda
On MOTION by Chair Pike, seconded by Supervisor Julie Canoura, with all in favor, the Board accepted the Agenda, as submitted.
THIRD ORDER OF BUSINESS Audience Comments
Teri Silva wondered if there are funds in the Budget for maintaining the fountains.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
District Manager Teague discussed the option of verbatim minutes and presented the Go to Meetings option, which has transcription at no cost, but doesn’t identify the speaker. If this is used, everyone who speaks would have to state their name clearly, because the voice recognition is not the best. The contents of the transcription would be copied and pasted into the Meeting Minutes format, which would be more time consuming. The other option was to use a transcriptionist who would type a verbatim document of everything said, which would still have to be copied and pasted. District Manager Teague stated that the cost for this is $2.00 per minute, so a two hour meeting would cost $240. District Manager Teague stated that the Board could try using transcription and see if that is something that they would like to do.
The Board discussed the advantages and disadvantages of using transcription, and what would be of more historical value. They asked for Attorney Eckert’s and District Manager Teague’s recommendation. Attorney Eckert stated that, if the transcription is verbatim, there could be some misunderstanding about conclusions made and the final action of the Board. For litigation purposes, he recommended minutes that record the main points of discussion and the action taken. District Manager Teague stated that staff could make copies of the transcription available to the Board, but it would be difficult to put on the website. The Board decided to have transcription and minutes available at the meeting for two months.
On MOTION by Supervisor Canoura, seconded by Supervisor Teckorius, with three in favor, and Supervisor Geltner and Vice Chair Jenner opposed, the Board agreed to use transcription to record the meeting for two months on a trial basis, along with meeting minutes.
A. Draft Meeting Minutes from May 12, 2022
On MOTION by Supervisor Teckorius, seconded by Supervisor Canoura, with 4 in favor, and Chair Pike opposed, the Draft Meeting Minutes for May 12, 2022 were approved.
B. Draft Continuation Meeting Minutes from May 19, 2022
On MOTION by Supervisor Teckorius, seconded by Supervisor Canoura, with 2 in favor, and Supervisor Teckorius, Chair Pike, and Vice Chair Jenner opposed, the Board voted to accept the Draft Meeting Minutes for May 19, 2022. Motion failed.
Vice Chair Jenner and Supervisor Teckorius would like changes made, and District Manager Teague asked those with input for changes to the minutes to contact him, so the minutes can be approved.
C. Draft Meeting Minutes from June 9, 2022
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board approved the Draft Meeting Minutes for June 9, 2022.
FIFTH ORDER OF BUSINESS Staff Reports
Engineer Barraco reviewed his report and there was discussion and action taken on the following:
i. Barraco Addendum 2021-02/Lake Bank Slope Inspection
District Manager Teague stated that he had signed the addendum, with an authorization for $5K only. Engineer Barraco stated that they are ready to complete the project, but they will have to wait several months until the water recedes.
In response to District Manager Teague’s question, Engineer Barraco stated that he is the lead engineer for the District and Wes Kayne is his assistant.
Attorney Eckert is working on a legal opinion for the District to be reimbursed by the owners of certain properties for legal and engineering fees regarding inspection and remediation of any permit violations. He is also sending the memorandum of understanding for stormwater management, which he has sent to the HOA. Both of these will be discussed at the next meeting.
C. District Manager
District Manager Teague discussed the following:
i. Fiscal Year 2023 Budget with Approved Changes
A copy of the tentative Budget had been sent to the Board and it was also in their packet. Also included was the debt service and special assessments that are on the table. He stated that the mailed notice concerning the August 18, 2022 Public Hearing on the proposed budget will be sent out on July 25th. Supervisors Geltner and Teckorius had questions about the figures outlined in the Budget, and District Manager Teague stated that any changes can be made at the Public Hearing.
ii. Financial Statements for May and June 2022
The Financials for July had just been distributed, but they were not in the packet. Chair Pike requested that the Financials be sent out earlier. District Manager Teague stated that staff needed 10 days after the end of the month to close the books. Chair Pike wondered if they could move the meeting back, so staff would have time to close the books and get them to the Board earlier. District Manager Teague stated that as long as the meeting was on the 17th or after, he could have the Financials included with the Agenda packet, which is sent out 7 days before the meeting, if it is before the 11th. But if it is after the 11th, he can send it out separately before the meeting.
Chair Pike asked about the 4th Thursday of each month, but District Manager Teague stated that he had another community meeting, so he wasn’t available. The 4th Tuesday was suggested, and he said that he was available then.
On MOTION by Supervisor Canoura, with no second, it was proposed to move the regular meeting to the 4th Tuesday of the month. The motion was not supported, therefore, it was withdrawn.
SIXTH ORDER OF BUSINESS Field Manager
Field Manager Pepin reviewed the Field Report and the following items were discussed:
He stated that the electrical panel replacements had been completed by West Coast Electrical.
Chris reported that Anchor Marine was onsite finishing the erosion repairs on Lake 8, and they are just waiting on sod to complete the project. Supervisor Teckorius wondered if the control elevation had been marked, and Engineer Barraco stated that he can do so whenever the Board requests it. A motion was made and seconded requesting that Engineer Barraco inspect the work on Lake 8, but it was withdrawn, because the work may be done before the next meeting.
If the CDD decides to keep the fountains, Chris had a proposal from Solitude for $1,012.49 to replace a 7.5 hp starter box for one of the fountains on Lake 12.
The Board also discussed the proposal in their packet to replace the diffusers of the aerators on Lakes 2, 9, 13, and 21 for $2,469.10, and an additional $1,012.49 for sod.
On MOTION by Supervisor Geltner, seconded by Supervisor Teckorius, with all in favor, the Board approved the replacement of diffusers on the aerators at Lakes 2, 9, 13, and 21, not to exceed $5,000.
SEVENTH ORDER OF BUSINESS Old Business
A. Fountain Operating Costs & Updates
There was a spreadsheet in the packet reflecting the operating costs of each of the fountains in the community. Staff had also discovered that the HOA is paying the bills for the equipment repair at Lake 15 and the aerator compressor at Lake 7. They had also learned that the CDD is paying for the irrigation pump on the north side of Lake 6. The information that staff had obtained is not on the spreadsheet, because it does not pertain to fountains, just electric bills.
The Board discussed the advantages and disadvantages of turning the fountains on. Supervisor Canoura, Supervisor Teckorius, and Chair Pike were concerned about the funding available for maintenance, repair of aging fountains, and erosion, which the fountains contribute to. Vice Chair Jenner believes that the community would like the fountains on, and he is a representative of the community. Supervisor Geltner stated that there is the advantage of noise abatement, and he believes that there are ways to lessen the costs. He also would like to get input from the community as to their desire to have the fountains on.
On MOTION by Supervisor Geltner, seconded by Vice Chair Jenner, to turn on the fountains from 7:30-9:00, 11:00-1:00, and 5:00-8:00, with 2 in favor, and Chair Pike, Supervisor Canoura, and Supervisor Teckorius opposed. Motion failed.
B. Water Quality
i. Pond Watch Update
District Manager Teague stated that Dr. Ernesto’s report is in the packet, as well as, the results of the first two readings taken by the pond watch committee. He stated that one item that the report from the pond watch readings shows is the presence of nitrates and phosphates, which is the result of fertilizer use in the community.
C. HOA/CDD MOU Updated Agreement
As stated earlier in the meeting, Attorney Eckert will have this report at the next meeting.
EIGHTH ORDER OF BUSINESS New Business
A. Phase 2 Electrical Panel Replacement Estimates
i. Proposal 22-1786
ii. Proposal 22-1787
The packet had two additional estimates from West Coast Electrical to finish replacing the remaining electrical panels that are rusting out. Chris also included a pdf file that lists these panels from the worst to the best.
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board agreed to accept the proposals, but obtain additional estimates. After discussion, the motion was withdrawn.
The Board decided that more information should be obtained and put into the quotes.
On MOTION by Supervisor Geltner, seconded by Supervisor Canoura, with all in favor, the Board agreed to get more quotes for replacing electrical panels, with a breakdown of labor and material costs, and with a second option included to add the cost of using stainless steel.
B. Pesticide Licensed Workers
There had been a concern that any worker on site should provide his license number, and Ean from Solitude had done so, and would provide the license number for a technician he was training. Supervisor Canoura withdrew this concern, because the licensing bureau had told her that the workers on site do not need to have their own licenses, but had to be working under someone else’s license. There was no objection to having this withdrawn.
C. Workshop Directives 2022-07-07
District Manager Teague had received an email with the workshop directives included, and Supervisor Geltner had made his notes available. This will be sent to the Board.
NINTH ORDER OF BUSINESS Special Projects
Supervisor Geltner asked about the report on lake bank maintenance, and it was stated that the report noted that those lakes mentioned had been completed. Supervisor Teckorius was concerned about the violations that had been received, and Attorney Eckert will look at the 5 year agreement, and the remediation done to correct the violations, which would bring the lake banks into compliance. He was also concerned about the monuments maintenance and would like it in next month’s Agenda.
TENTH ORDER OF BUSINESS Supervisor Requests/Comments
Supervisor Canoura was concerned that there are not extended warranties on fountain repair, and she stated that Kasco can provide that. Field Manager Pepin stated that Kasco can only repair their own fountains. Supervisor Canoura would like the use of better parts with longer warranties to be investigated.
Supervisor Geltner would like to see an action item list placed in the Agenda, as had been previously discussed. He also stated that the CDD should work with the HOA to repair the tree signs with quality materials, and make sure that the tree being replaced at the monument is a banyan tree.
ELEVENTH ORDER OF BUSINESS Audience Comments (3 minutes on any topic)
Susan Garling commented that there was a mistake in Line 92 of the May 19th minutes, and she disagreed with the summary of the motion in Line 46 concerning the increase in the amount to remediate the lakes, according to the budget.
Al Basila commented that the presence of fountains is one of the reasons he purchased a home in MRE, and he does not want them eliminated. He also commented that rip rap on the lank banks prevents erosion, and that there are electric boxes that keep out moisture.
John Hofstetter commented that one of the reasons he moved here was the presence of fountains, and he knew of four others, who had left the meeting, that would also like the fountains turned back on.
Bill Krukowski is concerned about moving the Board meetings to the 4th Tuesday of the month, because the HOA Board meeting is on that same day in the evenings.
Thomasina Abdoe wondered if it is the responsibility of PDM to have a stenographer record the meeting, and she was concerned that there are too may inspections of work that is being done by the engineer, which is more expensive, She also suggested that the fountains could be on at alternate times.
Bill Bond reported that the pond watch committee will get samples of Lakes 11, 12, and 13 every month, and 4 other lakes will be tested alternately on a monthly basis.
Teri Silva commented that the community must be maintained, and this includes having the fountains on. She also wondered what the savings are with the fountains turned off.
Kevin Kelly commented that he would like to see the cost of maintaining the fountains broken down.
Natalie Manfred commented that the amount she believes the residents are expected to pay for the fountains is increasing.
Lynn Morris commented that she thinks the fountains are an enhancement to the community, and that rip rap is more beneficial than littorals for preventing erosion and would be less expensive.
Sid McKenna commented that it was originally decided to shut off the fountains until the water improves, and he believes that the water is higher and it is a good time to turn on the fountains.
TWELFTH ORDER OF BUSINESS Adjournment
On MOTION by Chair Pike, seconded by Supervisor Canoura, with four in favor, and Supervisor Geltner opposed, the Board agreed to adjourn at 3:14 p.m.
The next Regular Meeting and Public Hearing is scheduled for August 18, 2022 at 1:00 p.m.