Meeting Minutes for March 10, 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, March 10, 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
Bill Sowers – Assistant District Manager, PDM
Susan Garling – Resident
Teresa Silva – Resident
Patty Wachter – Resident
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, with Supervisor Canoura attending via web conference. Also in attendance were Cal Teague, the District Manager, and Carl Barraco, the Engineer, with Barraco and Associates. Participating via web conference were Mike Eckert, the Attorney, with Kutak Rock, LLP, Wes Kayne, the Engineer, with Barraco and Associates, Residents Susan Garling, Teresa Silva, and Patty Wachter, and Bill Sowers, the Assistant District Manager of PDM.
After the call to order and roll call, there was a discussion concerning Supervisor Canoura participating via web conference. The some of the Board members inquired if Supervisor Canoura had a significant hardship allowing her to participate virtually.
On MOTION by Supervisor Geltner, seconded by Supervisor Teckorius, the Board was requested not to recognize Supervisor Canoura’s significant hardship, and that she not be allowed to participate in the meeting via web conference.
Voting aye were Supervisors Geltner and Teckorius, voting nay were Chair Pike and Vice Chair Jenner. Therefore, Motion failed, due to a lack of majority in favor of the motion, and Supervisor Canoura was allowed to participate in the meeting via web conference.
SECOND ORDER OF BUSINESS Approval of the Agenda
On MOTION by Chair Pike, seconded by Vice Chair Jenner, with all in favor, the Board accepted the February 24, 2022 Agenda, as submitted.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items (3 minutes on Agenda Items)
Susan Garling from the HOA commented on the ARC application and the sharing of information, as had been discussed with Supervisor Geltner in the February, 2022 meeting. She also inquired about the status of the maintenance agreements between the HOA and CDD. Attorney Eckert stated that this will be presented at the next meeting.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Audit Committee Meeting Minutes from February 24, 2022
Add a statement that Supervisor Teckorius was not in attendance.
On MOTION by Chair Pike, seconded by Supervisor Teckorius, with all in favor, the Board approved the Audit Committee Meeting Minutes for February 24, 2022, as amended.
B. Draft Regular Meeting Minutes from February 24, 2022.
Strike Supervisor Teckorius comments on Lake 8.
P11 L42 Strike from minutes.
P12 L58 Add Supervisor Geltner’s name.
Change Supervisor Conoura’s name from Julia to Julie.
On MOTION by Supervisor Teckorius, seconded by Supervisor Canoura, with all in favor, the Board approved the Draft Regular Meeting Minutes for February 24, 2022, as amended.
FIFTH ORDER OF BUSINESS Staff Reports
A. Engineer
Engineer Barraco discussed the following items:
i. SFWMD Permit Violation Concerns and Solutions
District Engineer Barraco commented on the violation letter issued by the South Florida Water Management District (SFWMD), regarding the District’s permit and identifying the residents who are encroaching into the District’s easement. He presented a spreadsheet identifying the status of compliance of the residents who had drainage easement violations, and those who are making corrections. He also identified 8 violators who had not complied, and who have not responded favorably or not at all. He suggested that he contact SFWMD and request a representative to inspect the Sevale area and report on the current status of the recertification. Engineer Barraco would join the inspection team.
a. Reminder Letters to Properties with Violations
The Board decided that the following actions should be taken:
Engineer Barraco and his team will identify the lot numbers of the homeowners that are still in violation.
Engineer Barraco will ask SFWMD for a possible extension of the date that the District should comply.
The Board directed Attorney Eckert to draft a letter that is to be sent to those 8 residents who are not in compliance. He will send it to Chair Pike for review before sending it out.
The Board was concerned about the HOA letter stating that the residents had until May 11, 2022 to comply. The May 11th date was for the District to be in compliance, but the residents need to correct the issue as soon as possible, not at the last minute.
On MOTION by Supervisor Geltner, seconded by Vice Chair Jenner, with all in favor, the Board agreed that Attorney Eckert will draft a letter to be sent to the 8 homeowners who have not responded favorably or at all, and not otherwise corrected the SFWMD’s violations on their property, with the review and approval of Chair Pike.
B. Attorney
Attorney Eckert stated that he will have two items on the Agenda at the next meeting:
He will present a draft memo of understanding on the stormwater issue raised by Supervisor Teckorius.
He will also present a draft protocol agreement concerning the ARC process affecting CDD easements between the HOA and the CDD.
C. District Manager
District Manager Teague presented his report and the following issues were discussed:
i. Board Goals and Objectives Discussion
District Manager Teague stated that he had received several suggestions, and he felt the manageable goals would be overall lake bank maintenance, stormwater management system maintenance, preserve maintenance, and overall community maintenance and appearance. The community maintenance is being addressed with the appropriation the Board had approved at the last meeting. There will be other items discussed over the next few months, and a plan will be developed, with a strategy for completing these goals. The plan will be presented to the Board when it is ready to be reviewed.
ii. Management Company Transition Update
District Manager Teague continues to seek documents from the District’s previous management company. He stated that the goal is to obtain those that the District is legally required to possess. He had sent a letter to WHA with a list of these required documents, and he requested a meeting to discuss acquiring them.
iii. Financial Statements for December 2021, January 2022, and February 2022
District Manager Teague had forwarded the Financial Statements to the Board prior to the meeting. He said the PDM staff had prepared these statements, and he explained that they are in a different format than that of the previous management company. He and the Board discussed the specifics of the revised format, and how the finances were being presented. The question was asked if all properties had been assessed.
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board approved the Financial Statements for December 2021, January 2022, and February 2022.
D. Field Manager
The next Field Report will be presented at the April meeting. District Field Manager Pepin and the Board discussed the follow-up items below:
i. Follow-up Items
a. Stormwater Scoping and Cleaning Concerns
The Board accepted the proposal of MRI to clean the stormwater lines and structures for $8,500. This will be paid out of the R&M budget line for the stormwater system. Inspection and cleaning needs will be an ongoing process, and the subsequent goals and tasks that the CDD will address will be explained.
On MOTION by Supervisor Geltner, seconded by Chair Pike, with all in favor, the Board approved Proposal 3266, specifying that MRI will clean the lines and structures in the stormwater system, as identified within the proposal, not to exceed $8,500.
b. Lake 12 Fountain
There were no new concerns, so this item will be removed from the Agenda.
c. Garbage Cleanup around Lakes
This project is progressing with the supervision of Field Manager Pepin. He will present an update on what has been completed at the next meeting.
d. Lake 6 Fountain Lights Update
The proposal that the Board approved had been sent to Solitude, and the project should be completed in the near future.
e. Compressor Repair on Lake 13 Update
The proposal that the Board approved had been sent to Solitude, and the project should be completed in the near future.
SIXTH ORDER OF BUSINESS Old Business
A. Lake Bank Maintenance Discussions
Field Manager Perpin had sent an erosion inspection report to the Board before the meeting. He had identified erosion and washout issues on all of the lakes and ponds, and he had a projected budget to correct the issues on the lakes, using the current pricing and restoration process. District Manager Teague stated that this is just a portion of the efforts needed to restore the lakes to their original condition. He reported that Field Manager Pepin will be available to answer questions at the April meeting. Lake bank maintenance is one portion of the lake maintenance efforts that will be considered. The staff will also be presenting budget requests for shoreline littoral plantings of the lake banks, and the testing of lake conditions, so that a solid lake maintenance strategy can be developed.
SEVENTH ORDER OF BUSINESS New Business
There was no New Business.
EIGHTH ORDER OF BUSINESS Special Projects
Supervisor Teckorius commented on the pictures he had sent to District Manager Teague and to the Board. He suggested that all Supervisors look at the lake banks identified in the erosion study that had been presented. District Manager Teague stated that the Board could look at other communities to see how they have dealt with erosion. Supervisor Teckorius also suggested that Engineer Barraco develop a scope of work that can be provided to contractors who bid on the repairs to the lakes. He also commented that he liked the detail in Field Manager Pepin’s Field Report.
NINTH ORDER OF BUSINESS Next Meeting Quorum Check
The next meeting will be on April 14, 2022 at 1:00 p.m. A quorum will be present.
TENTH ORDER OF BUSINESS Supervisor Requests/Comments
There were no Supervisor Requests or Comments.
ELEVENTH ORDER OF BUSINESS Audience Comments (3 minutes on any topic)
Teresa Silva requested a copy of the Financials and a copy of Field Manager Pepin’s erosion report on the lake banks. District Manager Teague stated that he can email these documents to any resident.
TWELFTH ORDER OF BUSINESS Adjournment
On MOTION by Chair Pike, seconded by Vice Chair Jenner, with all in favor, the Board agreed to adjourn at 3:36 p.m.
The next Regular Meeting is scheduled for April 14, 2022 at 1:00 p.m.