Draft Meeting Minutes for January 16, 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, January 16, 2025 at 1 p.m.
Present and constituting a quorum were:
William Krukowski – Chair
Chris Jenner – Vice Chair
Robert Geltner – Assistant Secretary
Melody Van Horn – Assistant Secretary
Clifford Kinnunen, Jr. – Assistant Secretary
Also present were:
Mandie Rainwater – Assistant District Manager, Premier District Management (PDM)
Cal Teague – District Manager, PDM
Frank Savage – Engineer, Barraco and Associates
Melissa Gindling – Assistant District Manager, PDM
Four Residents
Attending remotely:
Mike Eckert – Attorney, Kutak Rock, LLP
Kubra Metin – Attorney, Kutak Rock, LLP
Chris Pepin – Field Manager, Community Field Services
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 the roll was called. All Board members were present. Also in attendance were Mandie Rainwater, Assistant District Manager; Cal Teague, the District Manager; Frank Savage, Engineer; Melissa Gindling, Assistant District Manager; and four Residents. Attending remotely were Mike Eckert, the Attorney; Kubra Metin, Attorney; Chris Pepin, the Field Manager; and one Resident.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
On MOTION by Supervisor Kinnunen, seconded by Supervisor Van Horn, with all in favor, the Board approved the 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 District Engineer Items
A. Lee County Code Violations Update
i. Lake Bank Restoration Reorganization
Pristine Lakes provided a quote for the restoration of Lakes 1, 6 and 10, which was signed and approved, because it was under the previously approved amount. After discussion on the contract, it was decided that staff will send a letter to the HOA asking staff to ensure that there will be proper irrigation for any new sod installed during the project. In addition, the Board asked staff to ensure that any residents who may be impacted by the project are notified in advance.
District Manager Teague stated that the Engineers have recently inspected the work on Lake 5, and they reported 5 items that need to be addressed before the sod can be installed. Pristine Lakes has been made aware of these items.
There was discussion on the responsibilities of the homeowner and that of the CDD concerning drainage from residents’ homes and potentially asking them to connect their roof drains to CDD catch basins around the lakes. Staff will review this plan with Attorney Eckert to determine the next course of action.
The Board also discussed the unsightly pipes sticking out of some of the lakes, and the need to have these lowered.
B. Updated Public Facilities Report Update
At the October meeting, the Supervisors provided feedback on this report, and it was determined that the maps were missing a monument. Engineer Savage presented a new report with this change, which was included in the additional materials. After discussion, the Board adopted the public facilities report, and asked Engineer Savage to submit the report to the County with the cover page updated to show the current date.
On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with all in favor, the Board approved the public facilities report.
C. BMAP Program Updates / Projects
Staff recently received notice that the District has been assigned specific nitrogen load reductions under the Caloosahatchee Basin Management Action Plan. Engineer Savage stated that they are coordinating a meeting with BMAP staff, and plan to report what the community is already completing to address these reductions. The first due date for the required reductions is approximately 2027 or 2028. There was discussion on how BMAP may be related to the Pond Watch Reports.
SIXTH ORDER OF BUSINESS District Counsel Items
A. Discussion of Amendment to Settlement Agreement and Restrictive Covenant for Moody East
Attorney Eckert stated that he has heard nothing from Homefront Heroes, and he recommended removing this item from the Agenda until there is an actual update.
Attorney Eckert reminded Supervisors that the annual ethics training is due again this year, but he suggested waiting to complete the training until the end of May in the event that there are legislative changes to the requirements.
SEVENTH ORDER OF BUSINESS District Manager Items
A. Nostramo Aerator Claim Update
Assistant District Manager Rainwater reported that there are no updates. The insurance company is handling the claim.
B. Letter to 13104 Silver Thorn Loop
Staff had received a complaint with accompanying video that seemed to indicate that a resident was tossing what appears to be dog feces into the lake behind this home. A letter was sent to the current resident, however the Board was informed that the behavior was continuing. Staff reported this to NPDES who is sending the resident a letter from the Agency. Informative graphics about the dangers of disposing dog feces into lakes were also forwarded to the HOA and sent out as an e-blast.
EIGHTH ORDER OF BUSINESS Field Manager Items
There was no discussion on Field Manager items.
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 Supervisosr 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 November 21, 2024
ii. Monthly Financial Summary for the Months of November 2024, December 2024
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 90 preserve signs have been installed so far. His team expects to complete this project by the end of the month.
ii. Lake 16 Aerator System Upgrade Update
Field Manager Pepin reported that Fountain Kings has received the equipment, and it should be installed by the end of the month.
B. Maintenance and Repairs
i. Monument Signs Update
Field Manager Pepin reported that they completed an inspection of the monuments last week and compiled a list of issues for each monument, which was forwarded to Lykins. Lykins provided a quote of an additional $720 for painting 2 plaques. The Board discussed their disappointment with the quality of some of the work, and directed Field Manager Pepin to continue communication with Lykins for addressing these issues. The Board had no interest in considering the quote at this time.
ii.Updated Faux Bridge Cleaning and Painting Quote
At the last meeting, the Board approved the $9,513 proposal from Mora Painting. However, after staff informed Mora which option was selected, the contractor stated that this would not include a warranty. A revised proposal was in the packet with the warranty information for both repair options. After discussion, the Board approved the contractor’s recommended method at the cost of $13, 711, which includes a 2 year warranty.
On MOTION by Supervisor Geltner, seconded by Chair Krukowski, with all in favor, the Board approved the revised proposal from Mora Painting for painting the faux bridge, not to exceed $13,711.
iii. Fence Quote
At the last meeting, two quotes were considered to repair multiple sections of broken fence, and the Board selected Eagle Fence. However, after several attempts, they have not revised the quotes as requested and were not responsive to staff or Chair Krukowski. The Board approved the Carter Fence quote of $7,573.
On MOTION by Supervisor Geltner, seconded by Supervisor Kinnunen, with all in favor, the Board approved Carter Fence to repair broken fence, not to exceed $7,573.
iv. ARC Application: Pool at 3000 Scarlet Oak Place
Assistant District Manager Rainwater stated that Moody River’s ARC chairperson reached out to them regarding the pool project. Originally, it appeared the project would not impact the CDD, but the project encountered delays and plans were changed. In response to the proposed changes, the Engineers have been asked to inspect the area to determine if an encroachment agreement would be appropriate.
ELEVENTH ORDER OF BUSINESS Supervisors’ Items
Supervisor Kinnunen commented on the drainage issues at 12931 Seaside Key. Assistant District Manager Rainwater stated that Engineer Savage will be inspecting the area and will provide a recommendation. A resident near this address also commented on their concerns.
Supervisor Van Horn commented on the newsletter project, and after discussion with staff and Attorney Eckert, decided that information about the CDD could possibly be added to the District’s website.
TWELFTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
There were no comments from the Audience.