Draft Meeting Minutes for June 20, 2024
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, June 20, 2024 at 1 p.m.
Present and constituting a quorum were:
William Krukowski – Assistant Secretary
Chris Jenner – Vice Chair
Robert Geltner – Assistant Secretary
Melody Van Horn – Assistant Secretary
Clifford Kinnunen, Jr. – Assistant Secretary
Also present were:
Cal Teague – District Manager, Premier District Management (PDM)
Frank Savage – Engineer, Barraco and Associates
Mike Eckert – Attorney, Kutak Rock, LLP
Melissa Gindling – Assistant District Manager, PDM
Mandie Rainwater – Assistant District Manager, PDM
Four Residents
Attending remotely:
Chris Pepin – Field Manager, Community Field Services
Patti Wachter – Resident
Two Residents
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, Frank Savage, Engineer, Mike Eckert, the Attorney, Melissa Gindling, Assistant District Manager, Mandie Rainwater, Assistant District Manager, and four Residents. Attending remotely were Chris Pepin, the Field Manager, and three Residents, including Patti Wachter.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Supervisor Geltner requested to move Field Manager from item 10 to after item 7 District Manager on the Agenda. He also requested to add Supervisor questions and comments on Agenda items after Public Presentation on Agenda Items.
On MOTION by Supervisor Geltner, seconded by Vice Chair Jenner, with two in favor, and Chair Krukowski, and Supervisors Van Horn and Kinnunen opposed, the motion to move Field Manager from item 11 to after item 7 District Manager and to add Supervisor questions and comments on Agenda items after Public Presentation on Agenda Items failed.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with four in favor, and Supervisor Geltner opposed, the Board approved the Agenda, as presented.
Supervisor Geltner also commented that he wants to submit comments on Agenda items to the Board before the meeting for their review. Attorney Eckert stated that this may cause a problem because of the Sunshine Laws stating that Board members cannot communicate outside of a public meeting. District Manager Teague also stated that the PDM office requires that any materials to be included in the Agenda packet must be received 8 days prior to the meeting.
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
Engineer Savage reported that phase 2 of lake restoration has begun on Lakes 3, 4, and 5, with the majority of the work complete on Lakes 3 and 4. Pristine Lakes has reported that they have finished installing all the catch basins and have begun installing the sod on Lakes 3 and 4. They expect that the installation of the sod will be completed by tomorrow. Repair of some of the washouts from the rains was required recently, but, overall, Engineer Savage believes the rain did not cause much damage. Supervisor Geltner asked if compaction testing should be done, and Engineer Savage stated that it was not a County requirement, but it is a good sign that the banks held up through the recent rains. Chair Krukowski has observed the progress of the construction and believes it is going well.
The Lee County Hearing Officer has issued the final order for Lake 12, and the fine has been paid. Staff is still waiting for the final order on Lake 8. Supervisor Geltner asked that it be noted that he is against the CDD paying these fines.
Chair Krukowski reported that he has recently spoken with the contractor to ensure the damaged sod areas in residents’ backyards would be repaired as soon as possible. Discussion ensued about the restoration method and materials being used for the project. The Board and staff considered how to confirm the fill material was of good quality for future lakes.
Engineer Savage reported that the violation on Lake 7 is still being considered an expansion by the County. Since this violation was issued to the HOA, the Engineers have not done any further work. Attorney Eckert suggested sharing all of the information regarding this violation with the HOA. Engineer Savage believes that it would be beneficial for the HOA and the CDD to schedule a meeting to discuss the violation. Engineer Savage also suggested that the County complete a bathymetric survey as part of the process.
B. Proposal to Prepare Updated Public Facilities Report
Engineer Savage informed the Board that he examined the 2006 report, and it is in a shorter format than the more lengthy report that the Engineers conventionally produce. If the Board would like a shorter similar report to satisfy State statutes, the cost would be approximately $3,500. If the Board desired a new living document with more detail, the Engineers would compile the specifics in a higher cost proposal. The Board decided to authorize a shorter report.
On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with all in favor, the Board approved the Engineers to compose a public facilities report in a format that satisfies State statutes, not to exceed $3,500.
C. Request for Regrading at 13331/13341 Seaside Harbour Update
Engineer Savage stated that there has been extensive communication from the resident at 13331, and it appears there are two concerns. The Board was presented with photographs and an elevation map illustrating these issues. The first issue is a blockage in the swale likely created by pool installation and walkway construction from the neighbor at 13341. If this issue is corrected, it will provide better conveyance of the surface water in the swale. The second issue may be related to the pool drainage at the residence at 13331.
After discussion, the Board decided to ask staff to obtain a proposal for regrading the swale between the two walkways at 13331 and 13341 Seaside Harbour. This proposal will be sent to the homeowner at 13341, with a letter requesting that they complete the work. If the homeowner refuses, the proposal will be brought to the Board at the next meeting.
SIXTH ORDER OF BUSINESS District Counsel Items
A. Discussion of Amendment to Settlement Agreement and Restrictive Covenant for Moody East
Attorney Eckert explained what has been discussed in negotiations. He believes that it is appropriate for the Board to negotiate, because it is not a request that fits squarely within the parameters of the agreement which was considered 11 years ago. At this time the Board can make an advantageous decision for the District, which can be different than the previous agreement that was considered.
Attorney Eckert had previously emailed the Board the draft agreement, along with his comments, and he presented five issues that should be considered in relation to this negotiation. After a lengthy discussion, the Board directed Attorney Eckert to continue negotiations, with 1,500 sq. ft. equaling 1 ERU. They also asked him to request the back assessments, which are estimated not to exceed $45,000, and request Homefront Heroes to pay the cost for a new assessment methodology and this amendment. In addition, they requested that Homefront Heroes take over the operations and maintenance of the boat ramp.
B. Update on Communications with HOA Attorney Regarding Preserve Ownership
Attorney Eckert stated that he has not received a response from the HOA as of yet.
SEVENTH ORDER OF BUSINESS District Manager Items
A. Fiscal Year 2025 Budget Discussion
District Manager Teague stated that the Board can email any Budget requests or comments to him.
B. District Goals and Objectives Document Update
District Manager Teague stated that staff is currently drafting a template for this newly required reporting document, and a sample version was included in the packet. With the assistance of staff, Attorney Eckert, and the Board’s feedback, this version can be adjusted and customized to the District’s goals. Staff has also asked for proposals from several firms for its completion, and these will be presented at the next meeting. Supervisor Geltner offered to make suggestions during this process. Goals and projects the Board plans to track should be decided before the start of the new fiscal year.
EIGHTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
i. Public Comment on Balance of Items
B. Motion to Approve Balance of Items
On MOTION by Supervisor Kinnunen, seconded by Supervisor Van Horn, 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 May 22, 2024
ii. Monthly Financial Summary for the Month of May 2024
iii. Report on Pond Watch
iv. Maintenance Reports from Aquatic Weed Control
v. Action List
NINTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
i. Lake Bank Cleanup Reimbursement Update
District Manager Teague stated that the area surrounding Lake 9 had not been maintained in the past, so the CDD cleaned it. A letter was sent to Carriage Homes III requesting reimbursement for its cleanup, but they refused to pay. The Board decided to no longer attempt to recover payment and to send a letter to the HOA requesting payment before the CDD completes any work in the future.
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor, the Board approved no longer attempting to recover payment from the HOA for the Lake 9 cleanup.
ii. Reported Fishing and Trespassing on Lake 1 Update
Supervisor Krukowski stated that he had purchased poles and installed a few “No Fishing” signs. Multiple Supervisors observed that many preserve signs are missing. Field Manager Pepin will ask Engineer Barraco for the list of required signs and any additional materials required to correct the issue. This item was tabled.
B. Maintenance and Repairs
i. Monument Signs
The Board reviewed the proposal for restoring the monuments. Supervisor Geltner asked that the Banyan tree appear similar to the tree on Moody River letterhead, and the original graphic will be sent to the vendor. District Manager Teague recommended sending the quote to the HOA to request payment or reimbursement. The Board also requested a separate quote to refresh the lettering on the monument near Palm Island, and asked staff to reach out to Palm Island and request reimbursement.
The Board accepted the proposal, and asked staff to forward it to the HOA. Attorney Eckert will draft an agreement for this project. The Board directed staff to collaborate with the HOA and determine the transfer of funds required before beginning work. The use of an escrow account was also suggested.
On MOTION by Chair Krukowski, seconded by Supervisor Geltner, with all in favor, the Board approved the proposal for refurbishing the monuments, requesting reimbursement from the HOA, not to exceed $90,580.
ii. Native Plant List for Canal Area Follow-up
Supervisor Van Horn presented a preliminary list but is still working on a final list of plants to install along the canal, which will not disturb the stormwater management system and will also prevent erosion. She is waiting for a return call from Lee County on this issue before the list is finalized.
Staff will send a copy of the recent HOA LDO to the Board for their information.
TENTH ORDER OF BUSINESS Supervisors’ Items
According to recent legislation, Supervisor Geltner wondered if residents are allowed to have a vegetable garden in their yards, and he wanted to know if the Board should be proactive and discuss it with residents. Attorney Eckert will research this legislation. Supervisor Geltner also asked if there could be a tracking log for the installation and maintenance of the aerators and fountains.
Supervisor Kinnunen commented that the native plant list should include guidance on where to plant.
Chair Krukowski requested that the Board change the September 19, 2024 meeting date and cancel the July meeting.
ELEVENTH ORDER OF BUSINESS Field Manager Items
Field Manager Pepin provided a monument update and fountain repair update, in addition to answering Supervisor Geltner’s request for a tracking log. Field Manager Pepin will work with Chair Krukowski on filling out the chart.
TWELFTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Resident Tom Riddle at 13331 Seaside Harbour commented on the flooding issue at his home. He thanked the Board for sending a letter to his neighbor asking them to resolve the issue. Mr. Riddle provided additional flooding photos from the most recent event. Board members are working with Engineer Savage and Field Manager Pepin on the CDD plan to correct the issue, if the resident does not correct it. Engineer Savage clarified that the swale improvements will not necessarily stop the lanai flooding. Attorney Eckert noted that the CDD is allowed to repair the swale since it is a permit requirement, however, any water diverted due to the pool construction is an issue that must be resolved between the two residents.
The Board decided to cancel the July meeting, and reschedule the September meeting to September 12th. The next regular meeting will be August 15, 2024.