Meeting Minutes for November 17, 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, November 17, 2022 at 1p.m.
Present (or attending via web conference) and constituting a quorum were:
Chris Jenner – Chair
John Boland – Vice Chair
Robert Geltner – Assistant Secretary
Shawn Meade – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Carl Barraco – Engineer, Barraco and Associates
Chris Pepin – Field Manager, Field Management Services
Mike Eckert – Attorney, Kutak Rock, LLP
Bill Krukowski – Supervisor Elect
Susan Garling – HOA Board President
The following is a summary of the discussion and actions taken at the Moody River Estates Community Development District (CDD) Board of Supervisors rescheduled meeting.
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order and four Board members were present. Also in attendance were Cal Teague, the District Manager, Carl Barraco, the Engineer, Bill Krukowski, Supervisor Elect, and Several Residents, including Susan Garling of the HOA. Participating via web conference were Mike Eckert, the Attorney, Chris Pepin, the Field Manager, and Several Residents.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Remove 7C, upon District Manager Teague’s request.
On MOTION by Vice Chair Boland, seconded by Supervisor Geltner, with all in favor, the Board accepted the Agenda, as amended.
FOURTH ORDER OF BUSINESS Audience Comments (3 minutes, agenda items only)
Susan Garling distributed a handout to the Board and commented that the easement measurements from the document referred to in 6A of the Agenda do not match the plat. The Board will discuss this further when 6A is discussed in today’s meeting.
FIFTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes from October 20, 2022
District Manager Teague distributed a handout showing changes that Attorney Eckert had made.
Line 26 Add “up to” 5 years
Line 34 Add “Moody River East” property for the boat launch
Line 37 Add reimbursed “by FEMA” for cleanup costs
Line 49 Add turned off and on “multiple times a day”
Line 49 Change “this period of” to “the 5 p.m. -9 p.m.” hours of operation
On MOTION by Supervisor Meade, seconded by Vice Chair Boland, with all in favor, the Board approved the Draft Meeting Minutes from October 20, 2022, as amended.
SIXTH ORDER OF BUSINESS Staff Reports
i. North Moody Canal Violation Update
Engineer Barraco reported that they have been given an extension for the completion of the remediation, and that 4 homeowners are working on the project, and there has been no response from 1. He stated that, upon completion, he will certify that the remediation has been done properly and submit it to SFWMD. The Board discussed sending the homeowners a letter which would give them a deadline for completion. Carl suggested that they could be fined for noncompliance, and Attorney Eckert stated that the noncompliance issue would require small claims court or county court intervention. He also stated that the CDD should hire a contractor to complete the work and take the appropriate action.
On MOTION by Vice Chair Boland, seconded by Supervisor Geltner, with all in favor, the Board approved sending a certified letter to the homeowners requiring that the remediation to the CDD easement be completed by January 1, 2023 to the satisfaction of and certification by the engineer, and the completion of the remediation by the engineer if the homeowners do not meet the deadline.
Supervisor Geltner stated that they had addressed the issues on the North Moody Canal, but there had been no discussion on the South and Central. The Board requested to have this put on the Agenda for a future meeting.
ii. Future Lake Bank Remediation
Engineer Barraco stated that they will need to wait until the water levels recede before preparing plans for an LDO. He stated that the plan could be completed by June, 2023. There was discussion about being proactive and sending information to homeowners to help them correct any issues that would cause the need for lake bank remediation. Vice Chair Boland and staff will work together on compiling this information for distribution to the community.
iii. CDD Water Management Easement Requirements
After discussion, Vice Chair Boland and Engineer Barraco explained that the drainage easements were designed and were included in the original plat approved by the County and federal and state permitting agencies and that the drainage easements along the back of the properties are dedicated to the District as a non-exclusive drainage easement. This denotes that a homeowner can use the drainage easement for plantings, not structure, and in an agreement with the HOA, any plantings are subject to ARC approval, as long as they don’t obstruct the flow of water in any direction. The District only can install a structure. He stated that the Board’ s discussion should be aimed at determining a standard for what the District will allow, in accordance with the requirements of SFWMD and Lee County. Engineer Barraco stated that there must be a berm and a swale on the home side, which the District is responsible for maintaining. Susan Garling stated that the HOA was told that 25′ from the water line native trees are to be preserved, but could be moved or relocated. It was further stipulated that the first 10′ buffer needs to stay native vegetation and vegetation can be added in the remaining 15′ area. Vice Chair Boland stated that he has received letters from homeowners stating that they have received violations for the vegetation they added, and they are asking the CDD if they should be removed. It was determined that this is an HOA issue, not a CDD issue, and the CDD can only make a recommendation to the HOA that they change their requirements and allow vegetation to be planted.
i. Proper Use of Surplus Property Resolutions
Attorney Eckert stated that the information he provided is for the Board, as there may be assets in the future to be determined as surplus property.
ii. Record Retention Policy Resolution 2023-01
The Board adopted a record retention policy in the past, and Attorney Eckert is recommending that this be amended to allow transitory messages to be discarded. The second part of this resolution designates the electronic copy of record as the official record and that transitory messages in hard copy records that are not of a substantive nature be discarded.
On MOTION by Supervisor Geltner, seconded by Supervisor Meade, with all in favor, the Board approved Resolution 2023-01 discarding transitory messages from record retention, amending it to include supervisors and staff, and designating the electronic record as the official record.
C. District Manager
i. Financial Statements for October 2022
District Manager Teague reviewed the Financials and stated that the District had $40,000 at the end of the Fiscal Year 2022, and it should be sufficient until the assessments are sent in December.
On MOTION by Supervisor Geltner, seconded by Vice Chair Boland, with all in favor, the Board accepted the October 2022 Financials, as submitted.
ii. FY 2022 Budget Amendment Resolution 2023-02
District Manager Teague stated that last year’s Fiscal Year Budget needs to be amended because of an increase in legal and engineering expenses. The increase is $16,000 for legal expenses and $25,000 for engineering expenses.
On MOTION by Supervisor Geltner, seconded by Vice Chair Boland, with all in favor, the Board approved Resolution 2023-02 revising the Fiscal Year 2022 Budget to include an increase of $16,000 for legal expenses and $25,000 for engineering expenses.
iii. Hurricane Ian Storm Damage Update
District Manager Teague stated that $6,500 has been spent so far for cleanup and disposal. As a part of the cleanup process, he stated that it will be important to conduct a stormwater management system inspection and cleaning, which might include a televised inspection. They will be seeking proposals for this effort.
iii. FEMA Reimbursement
District Manager Teague stated that they have filed an initial application with FEMA for small projects classified under $1 million, and he expects the total cost with cleanup to be approximately $70,000. It will take several administrative hours for staff to prepare the claim, and he must bill for this extra effort which isn’t part of the current contract. The additional charge to the District is $65 per hour, with FEMA providing 5% administrative reimbursement over actual recovery costs. They have also retained a grants consultant for assistance at $300 per hour, but they will only be utilized as needed.
On MOTION by Supervisor Geltner, seconded by Supervisor Meade, with all in favor, the Board approved staff to proceed with submissions to FEMA for costs of cleanup after Hurricane Ian, with review and authorization of the chair for additional hours that will include 4 hours for assistance from the PDM consultant, not to exceed $1,200.
D. Field Manager
i. Lake Maintenance Service Reports
The reports are in the packet.
ii. Shoreline Maintenance
The grass around the lakes has been cut at the condos, but not the single family homes.
iii. Fish Kill Cleanup Agreement Follow Up
This project had been completed, so the Board decided to authorize payment after more detail is obtained, pending the chair’s review of the charges.
On MOTION by Vice Chair Boland, seconded by Supervisor Geltner, with all in favor, the Board approved payment for the fish kill cleanup, subject to the chair’s review.
Chair Jenner asked if Chris had checked the fountain light at Lake 8, and Chris stated that he had not, and he usually sends a service request to Solitude for this issue. Chair Jenner will check on the functioning of the light.
Supervisor Geltner asked about the previous concern of salinity in the lakes, including the levels after the hurricane. A resident stated that the amount found in the past was not significant enough to be of concern.
SEVENTH ORDER OF BUSINESS Old Business
Field Manager Pepin reviewed his maintenance report and updated the Board on several issues:
A. Fountain Operating Costs & Updates
District Manager Teague stated that the electric accounts that needed to be switched have been changed, and they are still waiting for an update on the 2 meters that are being shared with the HOA.
B. Water Quality
i. Solitude Project/Contract Follow Up
This was discussed later in the meeting.
C. Phase 2 Electrical Panel Replacement Quote Update
Chris reported that AA Action Electric had submitted a proposal, and an update included E-Verify information and an increase in price due to the increase in costs for parts. The old estimate was $22,867.74 and the new estimate is $24,739.79. West Coast Electrical had submitted a proposal for $30,600. Chris stated that these repairs need to be done as soon as possible, because some of the panels are very unsafe.
On MOTION by Supervisor Meade, seconded by Supervisor Geltner, with all in favor, the Board approved the replacement of electrical panels by AA Action Electric, not to exceed $24,739.79.
D. Lake, Fountain, Aerator & Preserve Maintenance Bids Follow Up
Field Manager Pepin had received a new proposal from Premier Lakes for Lake & Preserve Maintenance. After discussion the Board agreed to use Lake Doctors for aerator and fountain maintenance for a combined total of $3,300, and Aquatic Weed Control for lake and preserve maintenance. From his review, Vice Chair Boland believed that Solitude had received higher marks in their submissions, and he believed that the Board should consider the scores received before making a decision on the choice of companies in the future.
On MOTION by Supervisor Meade, seconded by Supervisor Geltner, with 3 in favor, and Vice Chair Boland opposed, the Board approved to retain Aquatic Weed Control for lake and preserve maintenance, and Lake Doctors for fountain and aerator maintenance. The approved annual costs are $18,948 for lake maintenance, $10,520 for preserve maintenance, and $3,300 for fountain and aerator maintenance.
E. Hurricane Ian Cleanup
i. Preserve Cleanup
Chris stated that the vegetation that had fallen out of the preserves had been cut back and most of it was taken offsite.
ii. Damaged Chain Link Fence
Chris understood that fence repairs need to be done on sections between South and Central, and he has no updates.
iii. Debris Cleanup in Lakes
This is scheduled to be completed later in the month.
iv. Damaged Aerator in Lake 9
Chris stated that they are waiting on a repair estimate from Solitude for one compressor that is not working.
v. Pine Tree Removal at 3100 Midship Drive
Chris stated that the cost to remove the tree would have been between $750 and $1,000, and the homeowner had requested a $1,000 reimbursement toward the expense they incurred for immediate removal of the tree. Attorney Eckert stated that, if this is done, there would need to be a release developed that would cover this reimbursement and all future claims in the future.
On MOTION by Supervisor Geltner, seconded by Supervisor Meade, with all in favor, the Board voted not to reimburse the homeowner at 3100 Midship Drive for the tree removal resulting from Hurricane Ian.
vi. Stormwater Management System Inspection Follow Up
They are waiting for a written proposal from Sewer Viewer to visually inspect the entire system, but a verbal quote of $6,400 had been provided.
On MOTION by Supervisor Geltner, seconded by Vice Chair Boland, with all in favor, the Board approved the visual inspection of the entire stormwater management system by Sewer Viewer, not to exceed $6,400.
F. Workshop Consideration
Attorney Eckert stated that, if the oath of office needs to be given, there should be a meeting, and the workshop could be an Agenda item. After discussion, the Board decided to include the workshop on stormwater management as an Agenda item in the December meeting.
EIGHTH ORDER OF BUSINESS New Business
A. Manhole Cover Near Blue Jasmine Drive
This manhole cover was unburied during the clean out project that was completed several months ago. Chris suggested that the hole be filled in with rip rap to easily identify where it is and to more easily enable future access. The Board requested that Chris complete the project.
B. Iguana Remediation Discussion
A homeowner had requested that a program be established for removing iguanas from the community, and after discussion, the Board decided to refer this to the HOA.
NINTH ORDER OF BUSINESS Supervisor Requests/Comments
A. Monuments Maintenance
The HOA had received an updated quote after the damage from the hurricane, and the Board suggested that the repair could be submitted to FEMA. Attorney Eckert stated that this couldn’t be submitted to FEMA if the HOA’s insurance covers monument maintenance. Attorney Eckert also stated that the funds for this project had been included in the capital improvement plan. The Board would like to have this project completed as soon as possible to enhance the appearance of the community.
B. Discussion on Usage and Process for Legal Assistance
The Board discussed communication with Attorney Eckert by individual Board members, and sharing the information from that communication with other Board members. It was reiterated that this is not possible according to Sunshine Laws. After input from Attorney Eckert concerning what has been requested from him in the past, the Board decided to contact District Manager Teague with questions, and he can pass questions of a legal nature on to Mike. The only time Board members would contact Mike would be something related to District Manager Teague.
TENTH ORDER OF BUSINESS Audience Comments (3 minutes on any topic)
Suzanne Pilnick wondered who’s responsibility it is for berm and canal bank erosion, because she sees that this will become a problem in the future. After discussion between residents and the Board, the Board decided to consider this issue at a later time, upon Attorney Eckert’s suggestion.
ELEVENTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Meade, seconded by Supervisor Geltner, with all in favor, the Board agreed to adjourn at 4:06 p.m.
The next Regular Meeting is scheduled for December 15, 2022 at 1:00 p.m.