Copy of Draft Meeting Minutes for February 20, 2025
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, February 20, 2025 at 1 p.m.
Present and constituting a quorum were:
William Krukowski – Chair
Melody Van Horn – Assistant Secretary
Clifford Kinnunen, Jr. – Assistant Secretary
Arriving later:
Chris Jenner – Vice Chair
Also present were:
Cal Teague – District Manager, Premier District Management (PDM)
Mandie Rainwater – Assistant District Manager, PDM
Melissa Gindling – Assistant District Manager, PDM
Shawn Meade – President, HOA
Three Residents
Arriving later:
Frank Savage – Engineer, Barraco and Associates
Attending remotely:
Mike Eckert – Attorney, Kutak Rock, LLP
Kubra Metin – Attorney, Kutak Rock, LLP
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 at 1:01 p.m. and the roll was called. Three Board members were present, and Vice Chair Jenner arrived at 1:07 p.m. Also in attendance were Cal Teague, the District Manager; Mandie Rainwater, Assistant District Manager; Melissa Gindling, Assistant District Manager; Shawn Meade, HOA President; and three Residents. Frank Savage, Engineer; arrived at 1:30 p.m. Attending remotely were Mike Eckert, the Attorney; and Kubra Metin, Attorney.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor, the Board approved the Agenda, as presented.
Because Engineer Savage arrived at a later time, his input was delayed until then.
FOURTH ORDER OF BUSINESS Public Presentation of Matters by Citizens on Agenda Items Only
The Audience had no comments on Agenda items.
FIFTH ORDER OF BUSINESS District Engineer Items
A. Lee County Code Violations Update
District Manager Teague stated that Pristine Lakes is finishing work on Lake 5 and is starting work on Lakes 1, 6 and 10.
Just prior to the meeting, Pristine Lakes contacted District Manager Teague and explained they had only given a quote for the current lake bank projects for residential facing shoreline and not preserve frontage. They submitted a change order for an additional $18,870. This will cover an additional 500 linear feet.
When Engineer Savage arrived, he explained that he is researching the areas which need to be added to the restoration. There was discussion on the specific areas in question.
On MOTION by Supervisor Van Horn, seconded by Chair Krukowski, with all in favor, the Board approved additional funding for lake bank restoration, not to exceed $18,000.
B. BMAP Program Updates / Projects
District Manager Teague stated that they are conducting pond watch analysis and developing recommended practices to reduce nitrogen levels. There were no further updates.
SIXTH ORDER OF BUSINESS District Counsel Items
Attorney Eckert stated that the Home Front Heroes counsel is still considering the counteroffer that was presented.
Attorney Eckert also relayed that he was served a summons in an existing case filed with the District, and the summons has been passed to the District’s insurance company. They are currently working on the claim. He also mentioned that the Board should call him if they have questions, but this should not be discussed during a public meeting.
SEVENTH ORDER OF BUSINESS District Manager Items
A. Proposed Fiscal Year 2026 Budget Schedule
The Budget schedule was included in the packet. District Manager Teague discussed the upcoming Budget season expectations, and he stated that the Board is required to submit a proposed Budget by June 15th. Chair Krukowski asked about a workshop, and District Manager Teague explained the best time to hold a workshop would be between April and June. The Board should decide if they would like to hold a Budget workshop at the March meeting. The Board was also encouraged to recommend goals or projects for the next year and share them with staff.
B. Nostramo Aerator Claim Update
Upon the recommendation of Attorney Eckert, this topic was not discussed.
C. Review of Facilities and Maintenance Agreement/ MOU for Stormwater System
Staff has recently received a few questions about updating these agreements between the CDD and HOA, and the two documents were provided to the Board for review. Attorney Eckert was asked his opinion and agreed that it is advisable to examine the documents more closely, and he presented a history of the agreements. Supervisor Kinnunen pointed out that the documents are missing some items the CDD has assumed responsibility for, as well as, items the HOA is now responsible for. Attorney Eckert recommended an updated facilities management agreement but retaining the MOU for the stormwater system. Chair Krukowski suggested a workshop between the CDD and the HOA to discuss these agreements and negotiate a new one. Staff will prepare a summary on the current agreements for the Board to consider for the next meeting.
EIGHTH ORDER OF BUSINESS Field Manager Items
A. Lake Bank Restoration Lakes 1,6,5,10 Update
The contractor is onsite and has started moving dirt to Lake 1 this week. Some concerns were raised regarding dirt blocking the trash container and lying on the roadways. The contractor is aware of these items and photos indicated that the trash container is still accessible and any dirt piles on the roadways will be cleaned up each night. Once all the dirt has been moved to the shorelines, a detailed cleanup will be completed.
Staff discussed the notifications to the various presidents, residents, and management companies for the affected addresses. Permission has been given by all parties associated with dirt storage areas. On Lake 10, the Mexican petunias that may be removed will be replaced with sod.
NINTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
No items were pulled for discussion.
i. Public Comment on Balance of Items
B. Motion to Approve Balance of Items
On MOTION by Supervisor Van Horn, seconded by Vice Chair Jenner, with all in favor, the Board approved all items on the Consent Agenda.
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 January 16, 2025
ii. Monthly Financial Summary for January
iii. Report on Pond Watch
iv. Maintenance Reports from Aquatic Weed Control
v. Action List
vi. Field Services Report
vii. Aerator/Fountain Log
TENTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
i. Preserve Signs Installation Update
Field Manager Pepin reported that all signs have been installed. Some of the signs were installed behind plant hedges, because they are closer to the edge of the preserve and not on HOA property. This item will be removed from the Agenda.
ii. Lake 16 Aerator System Upgrade Update
Field Manager Pepin reported that the new system has been installed and is operational. This will be removed from the Agenda.
B. Maintenance and Repairs
i. Monument Signs Update
Chair Krukowski reported that the vendor was onsite and painted the backs of the monuments and repaired some lettering. They did not repair some chipping in the stucco, and Chair Krukowski stated that he would address it.
On MOTION by Supervisor Van Horn, seconded by Chair Krukowski, with three in favor, and Supervisor Kinnunen opposed, the Board approved final payment to Lykins.
ii.Updated Faux Bridge Cleaning and Painting Quote
At the last meeting, the Board approved the $13,711 proposal from Mora Painting. However, once the deposit invoice was received from Mora and sent to the HOA, the HOA questioned the structural integrity of the bridge. These reports were sent to Engineer Savage for follow-up.
After evaluating the information that HOA President Mead gave from the 558 Study on the faux bridge, Engineer Savage stated that they are not structural engineers, and they will supply the names of specialists to re-evaluate the structure of the faux bridge. Staff will contact leads once they are provided.
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor, the Board approved delaying the cleaning and painting of the faux bridge until a structural engineer can determine the safety and structure of the property.
iii. Fence Installation Update
At the last meeting, the Board approved Carter Fence’s quote of $7,573.21 for this repair project. The agreement has been signed, and the deposit has been paid to Carter Fence. After a verification of locations between the vendor and Chair Krukowski, which are now marked with flags, the CDD is currently waiting on a start date from the vendor.
iv. ARC Applications
a. 3000 Scarlett Oak Update
The District collected a $1500 deposit from this resident for the purpose of reviewing a possible easement encroachment. The Engineers inspected and determined there was no encroachment. However, it was discovered that the swale needed regrading. Once this was completed, the Engineers re-inspected, and it was determined the swale was regraded correctly.
After the deposit was collected, it was determined that it could not be used for the additional visits required by the Engineers. Staff will work with Attorney Eckert and Engineer Savage to determine the process to be used for considering and administering applications in the future.
b. 13116 Silver Thorn Loop
Staff evaluated this application and had questions about a line of hedges, and Engineer Savage was asked for an opinion. It was determined that, if the hedges were on the outside of the LME it would be acceptable. The resident redrew the plans and moved the whole project toward his home by two feet, which moved the hedges. The CDD found no encroachment.
Discussion was had about not collecting the deposit and asking the resident to remove items from the LME. Since this plan was presented and a change requested by the homeowner, no deposit was required, because the resident’s property is outside of the CDD LME. Supervisor Van Horn asked if the deposit should be requested in any case until the end of the project, and it is verified that there is no encroachment. Staff and Attorney Eckert will work on a new document to further refine the process.
ELEVENTH ORDER OF BUSINESS Supervisors’ Items
Supervisor Van Horn addressed the newsletter that is on the website, and wondered if it can be added to the Moody River TV channel. Staff will email the Moody River HOA manager for assistance.
Supervisor Kinnunen asked if letters were sent to the two residents who submitted applications, and it was stated that it was sent to one, but the other’s address was unknown. Additionally, when staff sends out letters, he wondered if they provide the corrective measures required. District Manager Teague stated that determining corrective measures is the resident’s responsibilty, and the CDD asks them to correct the issue. The resident can hire their own engineer at their own cost for that determination.
Supervisor Kinnunen also asked if Engineer Savage could evaluate the existing swale behind the homes on the canal side on Seaside Key. Engineer Savage will schedule an inspection.
Supervisor Kinnunen asked to see the most recent MRI or Sewer Viewer report, and staff will forward it to him.
TWELFTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
The homeowner at 12931 Seaside Key was in attendance to present his ideas for correction at his residence. District Manager Teague stated that the Board cannot provide that direction, and the resident should consult an engineer for the best advice. The resident also asked if the Board was receiving release of lien waivers. District Managerr Teague stated that the Board asked for the release when the projects requiring them are complete, but government property cannot have a lien on it.