Draft Meeting Minutes for November 21, 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, November 21, 2024 at 1 p.m.
Present and constituting a quorum were:
William Krukowski – Chair
Chris Jenner – Vice Chair
Melody Van Horn – Assistant Secretary
Clifford Kinnunen, Jr. – Assistant Secretary
Attending remotely:
Robert Geltner – Assistant Secretary
Also present were:
Mandie Rainwater – Assistant District Manager, Premier District Management (PDM)
Wes Kayne – Engineer, Barraco and Associates
Melissa Gindling – Assistant District Manager, PDM
Residents
Attending remotely:
Mike Eckert – Attorney, Kutak Rock, LLP
Kubra Metin – Attorney, Kutak Rock, LLP
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 at 1:01 p.m. Four Board members were present, and Supervisor Geltner attended remotely. Also in attendance were Mandie Rainwater, Assistant District Manager; Wes Kayne, Engineer; Melissa Gindling, Assistant District Manager; and four Residents. Attending remotely were Mike Eckert, the Attorney; Kubra Metin, Attorney; and one Resident.
On MOTION by Supervisor Kinnunen, seconded by Chair Krukowski, with all in favor, the Board approved Supervisor Geltner’s attendance remotely.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Oaths of Office for Clifford Kinnunen, Robert Geltner, and Melody Van Horn
Clifford Kinnunen and Melody Van Horn were administered the Oath of Office. Supervisor Geltner had submitted the State Oath of Office and will be administered the second oath after the meeting.
FOURTH ORDER OF BUSINESS Resolution 2025-01: Reorganization of the Board of Supervisors
Resolution 2025-01 was to select the officers of the Board. The Board was also asked to consider adding Assistant District Managers Mandie Rainwater and Melissa Gindling to the Board as Assistant Secretaries, to enable them to sign documents in the absence of Cal Teague, District Manager.
On MOTION by Supervisor Van Horn, seconded by Supervisor Kinnunen, with all in favor, the Board approved William Krukowski as Chair of the Moody River Estates Board of Supervisors.
On MOTION by Chair Krukowski seconded by Supervisor Van Horn, with all in favor, the Board approved Chris Jenner as Vice Chair of the Moody River Estates Board of Supervisors.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor the Board approved Resolution 2025-01, approving William Krukowski as Chair, Chris Jenner as Vice Chair, the remaining Board members as Assistant Secretaries, adding Mandie Rainwater and Melissa Gindling as Assistant Secretaries, and all other officers remaining the same.
FIFTH ORDER OF BUSINESS Approval of the Agenda
Add 12Bix- Lake 20 Aerator System Replacement Quote
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor, the Board approved the Agenda, as amended.
SIXTH ORDER OF BUSINESS Public Presentation of Matters by Citizens on Agenda Items Only
The Audience had no comments on Agenda items.
SEVENTH ORDER OF BUSINESS District Engineer Items
A. Lee County Code Violations Update
i. Lake Bank Restoration Reorganization
At the last meeting the Board decided to remediate Lakes 1, 6, 10, and the remainder of 5 in Fiscal Year 2025. Chair Krukowski reported that he, Engineer Savage, Field Manager Pepin, Gonzalo Ayres, and Assistant District Manager Rainwater met onsite on November 21, 2024 to determine the appropriate staging areas and areas requiring CDD permission. At the meeting Chair Krukowski also noted that it is important to inform residents about the project. The Board decided to move forward with remediating these lakes. Field Manager Pepin will obtain quotes.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the remediation of Lakes 1, 6, 10, and the remainder of 5, not to exceed $200,000.
B. Updated Public Facilities Report Update
At the October meeting it was determined that the maps in the report were missing a monument. Engineer Savage had stated that he would present the report with the updated maps at his meeting, but Engineer Kayne did not have this available, and stated that he will contact Engineer Savage. The Board agreed that the remainder of the facilities report is acceptable for submission.
C. BMAP Program Updates / Projects
Staff recently received notice that the District has been assigned particular nitrogen load reductions under the Caloosahatchee Basin Management Action Program to improve water quality, and they are required to consider projects for these reductions. It was stated that MRE is responsible for 424 lbs. per year of nitrogen, and BMAP provides points for that reduction. Engineer Kayne was asked about a number of existing projects relating to this issue, such as lake bank restoration, the no mow zone around lakes, pond watch participation, and other efforts of the community. Engineer Kayne will have his staff research these projects and coordinate with District staff. Information was forwarded to the Board, and staff can provide a link to a lengthy Action Plan document, if so desired.
EIGHTH 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 not received any communication from the Home Front Heroes attorney.
He reminded the Board about the Ethics Training which must be completed by the end of the year. He also stated that at least one anti-human trafficking affidavit should be on file for every vendor, and the affidavit should be renewed every year.
NINTH ORDER OF BUSINESS District Manager Items
A. Nostramo Aerator Claim Update
Assistant District Manager Rainwater reported that the District’s insurance company has spoken with the claimant’s attorney, and they are asking for compensation for both monetary and non-monetary damages, and are also asking for the aerator to be moved away from their home. The Board discussed the idea of moving the aerator, and the issues it previously caused. After advice from Attorney Eckert, the Board agreed that the legal process should continue, and the insurance company should continue the negotiations.
B. Letter to 13104 Silver Thorn Loop
Staff received video and a complaint via email that seemed to show a resident behind the residence tossing what appears to be dog feces into the lake behind their home. A letter was sent to the owner on October 30th. The addressee called the PDM offices, and let staff know that he had sold the property, and stated that it must be the new owners. Staff sent a registered letter to the new owners on November 11th, which has been received. At the meeting, the Board was informed that the behavior was continuing, but that the homeowner has changed the time of day he is disposing waste into the lake, and it is harder to detect. The Board requested that staff increase enforcement efforts to stop this action. This issue will be kept on the Agenda.
TENTH ORDER OF BUSINESS Field Manager Items
Assistant District Manager Rainwater reported that a lock has been installed on the Lake 7 aerator plug, per the Board’s request.
She also reported that an old Christmas tree was found behind 3330 Banyan Hollow Loop, and Chair Krukowski removed it.
ELEVENTH 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 Chair Krukowski, 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 October 17, 2024
ii. Monthly Financial Summary for the Month of October 2024
iii. Maintenance Reports from Aquatic Weed Control
iv. Report on Pond Watch
v. Action List
vi. Field Services Report
vii. Aerator/Fountain Log
TWELFTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
i. Preserve Signs Installation Update
Field Manager Pepin reported that the preserve signs have been ordered and should be ready towards the end of November. His team will begin installing them in December, and the project is expected to be completed in January.
B. Maintenance and Repairs
i. Monument Signs Update
Field Manager Pepin reported that the brick repairs are currently being completed, as well as, the replacement of the support beams. They plan to install the monument caps this week. Lykins is waiting for the permits to replace the signage.
ii. Lake 16 Aerator Repair Quote
The quote from Fountain Kings for the Lake 16 repair consists of a new upgraded aerator system, instead of repairing the existing one. Chair Krukowski believes that the expense for this upgrade should be paid for out of the capital outlay funds instead of R&M.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved installing a new aeration system on Lake 16, funded by capital outlay, not to exceed $7,400.
iii. Faux Bridge Cleaning and Painting Quote
Staff received two quotes for painting the faux bridge. Florida Painters submitted a painting proposal for the faux bridge, and Mora Painting provided a quote for stripping and painting, as well as, a quote for standard painting without stripping. Chair Krukowski stated that painting should be delayed until the lake levels recede, which will allow access to the entire structure. He also requested that District staff contact the HOA and inquire about the funds they have been collecting for this project. The faux bridge colors should also match the clubhouse.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved Mora Painting to paint the faux bridge, with funds procured from the HOA, not to exceed $9,513.89.
iv. Report of Broken Fence
Chair Krukowski received two quotes to repair multiple sections of a broken fence. Carter Fence quoted $7,573.21. Eagle Fence quoted $6,890, and included the HOA and the CDD in the quote. Staff asked them to rewrite their proposal naming the District only, but we have not received those as of yet. The fact that some of the damage may be from recent hurricanes was discussed, and the Board wondered if they could apply to FEMA for funding. Assistant District Manager Rainwater stated that, based on the recent FEMA determinizations, it is highly unlikely that there would be any FEMA relief for this project.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with 4 in favor, and Supervisor Kinnunen opposed, the Board approved the repair of a broken fence, not to exceed $6,900.
v. Clogged Storm Drain at Midship Cleaning Update
Assistant District Manager Rainwater reported that the drain cleaning at Midship occurred on November 7th. Chair Krukowski asked if the amount of debris removed can be determined and submitted for the BMAP program. Staff will research and find out if this is possible.
vi. Vegetation Cutback Quotes
Chair Krukowski recommended two areas that need to be cut back, and he had requested quotes. Photos have been provided in the additional materials packet. Supervisor Van Horn asked if this is regular maintenance, and, if so, she stated that the Board should consider an annual contract.
a. Olde Banyan Blvd
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved vegetation cleanup on Olde Banyan Boulevard, not to exceed $3,000.
b. Blue Jasmine Dr
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved vegetation cleanup on Blue Jasmine Drive, not to exceed $2,500.
vii. Annual Contract Renewals Aquatic Weed Control
Staff received the proposals for Aquatic Weed Control’s annual contract renewals. The amount is the same as it was for Fiscal Year 2024.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the annual contract renewals for Aquatic Weed Control, at the same amount as Fiscal Year 2024.
viii. 13251 Seaside Dock Pavers Installation
Supervisor Kinnunen informed staff that a pile of sand had appeared on CDD property in front of 13251 Seaside. The homeowner’s ARC application had appeared before the Board in April, and it was approved, with the stipulation that there would be no adverse impact to CDD properties, including the berm and the swale. It was determined that there would be no impact, so no easement agreement was prepared, and the applicant was not asked to pay the $1,500 deposit. Chair Krukowski and Supervisor Van Horn went to the residence several times and took photos, and it was determined that there was damage to the CDD berm. The HOA also inspected the project and determined that there was damage, but they allowed the project to move forward. Chair Krukowski stated that, if the resident had included the walkway in their original plans, the encroachment agreement would have been triggered and a deposit collected.The resident is aware that there is berm damage, and that it must to be corrected.
Assistant District Manager Rainwater asked the Board if they would like to send an engineer to inspect the project when it is finished, and if they would like to have the resident pay for the inspection, if it is necessary. Chair Krukowski stated that the resident should be charged for any engineering visits. Attorney Eckert also recommended sending a letter to the resident, giving a deadline for the project’s completion, and stating that it will be inspected to determine if the berm was restored to its original condition.
It has been determined that certain ARC applications should be reviewed by the Board before projects are allowed to start, and there was discussion concerning the appropriate types of projects which necessitate CDD review. Staff has obtained all of the current ARC applications and has started a conversation with engineering and legal to determine how to ensure that the CDD is notified of all projects which may affect the CDD property, to collect deposits before work begins, and to enter into an encroachment agreement. Staff will work with ARC per Board direction to improve the application process.
ix. Lake 20 Aerator System Replacement Quote
Field Manager Pepin received a quote for $1,445.36 from Fountain Kings to replace the flooded aerator on Lake 20. The Board was concerned that replacing it would not address flooding, because it needs to be elevated or otherwise waterproofed.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved installing an aerator system on Lake 20, including elevating or waterproofing the system, not to exceed $1,500.
THIRTEENTH ORDER OF BUSINESS Supervisors’ Items
Notes from Supervisor Geltner have been submitted to the Board for review.
Supervisor Van Horn stated that there is a need to educate the community about the purpose and function of the CDD, and why the CDD is listed on their tax bill. She discussed using newsletters, appearances at HOA meetings, and e-blasts to relay this information. She will develop a proposal to present to the Board.
It was decided to cancel the December meeting.
FOURTEENTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
There were no comments from the Audience.