Meeting Minutes for May 22, 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 Wednesday, May 22, 2024 at 1 p.m.
Present and constituting a quorum were:
John Boland – Chair
Chris Jenner – Vice Chair
William Krukowski – Assistant Secretary
Robert Geltner – 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
Steven Thomas – Resident
Clifford Kinnunen – Resident
Melody Van Horn – Resident
Nine 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, Residents Steven Thomas, Clifford Kinnunen, and Melody Van Horn, and Nine Additional Residents.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Supervisor Geltner commented on the recent passing of former Supervisor John Teckorius, and Chair Boland commented that Supervisor Teckorius is remembered well for his contributions.
On MOTION by Supervisor Geltner, seconded by Chair Boland, with all in favor, the Board approved the Agenda, including the Supervisor’s Agenda, as presented.
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 Consideration of Matters Related to Filling Vacant Seat #4
Attorney Eckert presented an overview of the vacancy, the requirements for candidates, and noted that this appointment expires at the time of the elections in November 2024. Three letters of interest were received from residents Steven Thomas, Clifford Kinnunen, and Melody Van Horn. The Board appointed Melody Van Horn to Seat #4.
On MOTION by Vice Chair Jenner, seconded by Supervisor Geltner, with all in favor, the Board appointed Melody Van Horn to Seat #4 of the Moody River Estates Community Development District.
District Manager Teague administered the Oath of Office and Supervisor Melody Van Horn joined the meeting as a supervisor.
SIXTH ORDER OF BUSINESS Consideration of Resignation of Supervisor John Boland
Supervisor John Boland’s letter of resignation was in the packet, and is effective May 27, 2024. Mr. Boland announced that he is moving up his resignation, effective immediately, so the Board can fill his seat at this meeting.
On MOTION by Supervisor Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board accepted the resignation of Supervisor John Boland, effective immediately.
Vice Chair Jenner thanked Mr. Boland for his service, and noted that he helped the District accomplish a great deal during his time on the Board.
SEVENTH ORDER OF BUSINESS Consideration of Matters Related to Filling Vacant Seat #2
Supervisor Krukowski commented that Clifford Kinnunen is a member of 2 HOA committees, is very thorough, and has contributed extensively for the betterment of the community. Supervisor Geltner asked the candidates what they believe are the three most important issues facing the community, and both candidates gave their response. He also asked if they will run for election in November. After discussion, the Board appointed Clifford Kinnunen to Seat #2.
On MOTION by Supervisor Krukowski, seconded by Supervisor Van Horn, with 3 in favor and Supervisor Geltner opposed, the Board appointed Clifford Kinnunen to Seat #2 of the Moody River Estates Community Development District.
District Manager Teague administered the Oath of Office and Clifford Kinnunen joined the meeting as a supervisor.
EIGHTH ORDER OF BUSINESS Resolution 2024-05: Board Reorganization
Vice Chair Jenner nominated Supervisor Krukowski as Chair.
On MOTION by Vice Chair Jenner, seconded by Supervisor Krukowski, with all in favor, the Board appointed Bill Krukowski as Chair of the Moody River Estates Community Development District.
Chair Krukowski nominated Supervisor Jenner as Vice Chair.
On MOTION by Supervisor Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board appointed Chris Jenner as Vice Chair of the Moody River Estates Community Development District.
On MOTION by Supervisor Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved Resolution 2024-05, appointing Supervisor Krukowski as Chair and Supervisor Chris Jenner as Vice Chair, with the remaining Supervisors as Assistant Secretaries, and all other officers remaining the same.
NINTH ORDER OF BUSINESS District Engineer Items
A. Lee County Code Violations Update
Engineer Savage reviewed the lake bank restoration issues and stated that the District has received violations for all 21 lakes over the last few years, and the Engineer has aggressively addressed the violations over the last eight to nine months. They have received an LDO with 2 subsequent amendments, authorizing lake bank remediation for all lakes, except Lake 7, and allowing them to receive certification one lake at a time.
He stated that Lakes 8 and 12 have been certified. He reported that the County has not responded to the Engineers’ request that the County remove the violation for Lake 7 expansion. The Engineers advise that a more aggressive approach may be needed to retrieve an answer from the County.
District Manager Teague reported that staff submitted a lien mitigation request, and Lee County Code Enforcement has recommended the reduction of fines on Lake 8 from $15,050 to $1,505 and the reduction on Lake 12 from $15,400 to $1,540. The next step is for the Hearing Examiner to review and submit their final order. He stated that their understanding is that this will be a paperwork only review. Once the order is received, the fines will be paid.
District Manager Teague stated that restoration work has begun on Lakes 3, 4 and 5. There was some concern over the storage of material for the project, and two residents noted that the delivery trucks destroyed their lawn near 13013 Turtle Cove Trail. The residents commented that the HOA’s email was too vague, and they did not have proper notice that trucks would be moving through their lawn. They asked what the timeline was for repairing the sod, and Engineer Savage noted that the contract states that work must be completed within 45 days of the starting date of the contract. Chair Krukowski stated that it is important to ensure that residents are notified concerning any work that will be started in the area of their homes.
Chair Krukowski stated that some damage is part of the restoration process and that any issues with sod or irrigation structures will be fixed by the CDD. He also stated that the contractor changed their delivery location, which resulted in some confusion. Attorney Eckert noted that some protections could be added to the contract in the future, such as a map illustrating the only acceptable areas for delivery of materials.
TENTH ORDER OF BUSINESS District Counsel Items
Attorney Eckert provided an overview of the Sunshine Law and public records laws for the new Supervisors and noted that he will forward a copy of Chapter 112 of the Florida Statutes and will also follow-up with a phone call.
A. Modification of Deed Restriction for Moody East Parcel Update
At the last meeting, the Board gave Attorney Eckert direction to proceed with the modification of the deed restrictions. Attorney Richard Akin has provided a draft amendment, and Attorney Eckert will review it and present it at the next CDD meeting, along with his comments.
B. Communications with HOA Attorney Regarding Preserve Ownership, Monument Maintenance Funds
and Shared Electric Meters
Attorney Eckert reviewed items to be discussed following his communications with the HOA attorney.
i. Preserve Maintenance
An overview of the parcels in question was included in the Additional Materials, along with a map of all parcels identified on the ownership exhibit and aerials of each parcel. Attorney Eckert had questions for the Board.
a. Transfer of Parcels #1, 7, 8 and 6 Other Parcels
Does the Board want the CDD to take ownership of all of parcels #1, 7 and 8, or just the portions of those tracts comprising lands subject to the permits? After discussion, the Board decided that the CDD would like to take ownership of all of these parcels, along with the other 6 parcels that are 100% covered by the permits.
b. Transfer of Portion of Parcel #9
Does the Board want the CDD to take ownership of a portion of parcel #9? The Board decided to wait to consider transfer of this parcel until after the remaining parcels have been transferred, since it will be more complex.
Attorney Eckert reported that it was advisable to transfer these properties, since the CDD has limits on liability and the HOA does not have these protections. Attorney Eckert will work with the HOA’s attorney on this project, and the HOA Board will still need to approve the transfer of these parcels before this is completed. The Board directed Attorney Eckert to ask the HOA to pay half of the costs associated with this work.
ii. Monument Maintenance Funds
Attorney Eckert reported that he is discussing the HOA’s reserve monies for the monument maintenance with the HOA’s attorney, and this transfer is still pending.
iii. Shared Electric Meters
The shared electrical meter agreement has been fully executed by the CDD and HOA. This project is complete.
C. House Bill 7013 – Goals, Objectives, and Measures Annual Reporting
Attorney Eckert stated that this new bill requires all special districts to adopt goals and objectives, along with performance measures and standards. This must be completed by October 1, 2024. An annual report must then be prepared, indicating if the goals were achieved or if they failed, which will be due by December 1, 2025. Attorney Eckert will work with management on this document, and a draft will be presented for Board approval.
D. Authorization to Prepare Updated Public Facilities Report
Attorney Eckert noted that this update is required every 5 to 7 years and is slightly past due, but it is required. He reported that staff will ask for a proposal from Engineer Barraco to complete this updated report.
Chair Krukowski asked about his email hack, and wondered if the Board could communicate anything publicly about the Sheriff’s findings. Attorney Eckert advised that nothing more needs to be said about this situation, other than what has been reported at previous meetings. This item will be removed from the Action List.
ELEVENTH ORDER OF BUSINESS District Manager Items
A. Fiscal Year 2025 Proposed Budget
i. Resolution 2024-06: Approving Proposed Budget and Setting Public Hearing
District Manager Teague and the Board reviewed the Proposed Budget, and Supervisor Geltner commented about the assessment and discount line items. Vice Chair Jenner commented about the increase in R&M – Lakes. It was noted that the Proposed Budget does not have an increase in assessments.
The Board approved the Proposed Budget and set the Public Hearing for August 15, 2024.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved Resolution 2024-06, approving the Proposed Budget and setting the Public Hearing for August 15, 2024.
TWELFTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
Chair Krukowski pulled the Action List, and Supervisor Geltner pulled the Field Report.
i. Public Comment on Balance of Items
B. Motion to Approve Balance of Items
On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with all in favor, the Board approved Consent Items Di, Dii, Diii, and Div.
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 April 18, 2024
ii. Monthly Financial Summary for the Month of April 2024
iii. Report on Pond Watch
iv. Maintenance Reports from AWC
v. Action List
Chair Krukowski submitted several updates to the Action List:
Remove the email hack item.
Remove the erosion on the canal item.
Remove the cabbage palm item.
The Board approved management to request the HOA to reimburse the CDD for the cost of the lake bank cleanup project, which was $2,500. Staff will send a letter to Jon Hosey.
The Board also asked staff to get an update on the Brazilian pepper tree along the canal, and determine if the County plans to remove it.
vi. May Field Report
Supervisor Geltner commented on page 67 of the Field Report, and was concerned that the monument sign vendor was not responsive. Chair Krukowski reported that he and Field Manager Pepin met with the vendor this morning, and a proposal should be received in the near future.
The Board then approved the last two Consent Items.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved Consent Items Dv. and Dvi.
THIRTEENTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
i. Request for No Fishing Signs on Lake 1
HOA president Shawn Meade has requested the installation of these signs. Field Manager Pepin estimates that no fishing signs would cost around $50-65 per sign, with a small labor cost. Chair Krukowski reported that Jon Hosey has some signs, but signposts would need to be purchased. He stated that Carlos could be asked to install them. The Board approved this idea, and asked Chair Krukowski to collaborate with Jon Hosey and Carlos to install a few signs around all the lakes where needed.
A resident asked if signs can be installed to warn the public of alligators. It was stated that Florida Fish & Wildlife can be contacted to report an alligator.
ii. Aerator Compressor on Midship Drive Update
The compressor was moved back to the original location and a small wall was built behind it so that the sound would reflect off the wall and toward the lake. One of the residents near the compressor has threatened legal action against the CDD, but nothing further has been received.
B. Maintenance and Repairs
i. Monument Signs
Chair Krukowski stated that a meeting with Lykins and their brick company was conducted earlier today, and proposals should be received in the near future. The proposals will be reviewed by staff and Supervisor Geltner.
ii. Native Plant List for Canal Area Follow-up
At the last meeting, the Board directed staff to work with resident Dawson Wynne on this list. Included in the packet is an excerpt from the SFWMD ROW manual and Dawson’s first draft of the plant list, which is based on this manual. Chair Krukowski stated that the final list will be forwarded to the HOA and ARC. The Board directed new Supervisor Van Horn to work with Dawson to reduce and finalize the list. Supervisor Kinnunen wondered if mangroves should be added to the list.
FOURTEENTH ORDER OF BUSINESS Supervisors’ Items
Vice Chair Jenner welcomed the two new Board members. Chair Krukowski thanked John Boland for all that was accomplished when he served on the Board.
FIFTEENTH ORDER OF BUSINESS Field Manager Items
There were no comments on the Field Report.
SIXTEENTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Terri Silva commented on the Board’s decision to bill the HOA for the lake bank cleanup.