Draft Meeting Minutes for October 17, 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, October 17, 2024 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:
Cal Teague – District Manager, Premier District Management (PDM)
Frank Savage – Engineer, Barraco and Associates
Melissa Gindling – Assistant District Manager, PDM
Mandie Rainwater – Assistant District Manager, PDM
Attending remotely:
Kate John – Attorney, Kutak Rock, LLP
Kubra Metin – Attorney, Kutak Rock, LLP
Arriving later:
Mike Eckert – 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 and all Board members were present. Also in attendance were Cal Teague, the District Manager; Frank Savage, Engineer; Melissa Gindling, Assistant District Manager; and Mandie Rainwater, Assistant District Manager. Attending remotely were Kate John, Attorney, who left at 1:09 p.m.; and Kubra Metin, Attorney. Mike Eckert, the Attorney, joined at 1:08 p.m.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Supervisor Geltner submitted a document to the District Manager on October 13th, stating that he had not had the opportunity to review a hard copy of the Agenda, and, therefore, could not meet the deadline for submitting comments 8 days before the meeting. He provided comments concerning Agenda items in the document.
Add 9Dvii. Aerator/Fountain Log
Add 10Bvi. Clogged Storm Drain at Midship Quote
Add 10Bvii. Hurricane Follow Up Issues
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the Agenda, as amended.
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
Chair Krukowski presented lake bank conditions and suggested which lakes to remediate in the next phase of the lake bank restoration plan. Adding costs for density testing and the quality of fill material to future requests for proposals was discussed. Engineer Savage will research the necessity for these additions and develop new RFP language to present to the Board. He will also obtain proposals for the remediation of the lake banks of Lakes 1, 6, 10, and the remainder of Lake 5.
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor, the Board approved seeking RFPs and proposals for completing the remediation of the lake banks of Lakes 1, 6, 10, and the remainder of Lake 5 at the beginning of Fiscal Year 2025.
B. Updated Public Facilities Report Update
Engineer Savage received feedback from Supervisors for updating the maps provided as exhibits for the Public Facilities Report. He will verify the missing items and update the maps, and will present them to the Board at the next meeting.
C. 13331/13341 Seaside Harbour
i. Engineer Expenses
Included in the packet was Engineer Savage’s breakdown of $4,648.78 in engineering expenses related to the swale issue behind 13341 Seaside Harbour. This is in response to the Board’s request for engineering input to ensure that the swale met the original criteria. Supervisor Van Horn stated that many residents who built pools in the past had received notice after their construction was complete that there were issues with the construction, and she believes that the CDD should provide the homeowners with the requirements before their project starts. Chair Krukowski agreed and asked if ARC is sharing information on homeowner requests with the CDD. District Manager Teague stated the CDD should only be receiving resident requests if their construction will impact CDD easements. If ARC is properly notifying the CDD, then it can be determined that there will be an issue, and a $1,500 deposit can be collected to cover engineering fees for verifying that the issue was corrected. Attorney Eckert stated that the Use Agreement is the District’s best course of action, but if plans submitted to ARC do not indicate an issue, the CDD cannot collect up front. The CDD could use part of that $1,500 for a one-time inspection, and, if there is an issue, the homeowner can be required to assume the costs. It was decided that staff, Engineer Savage, and Attorney Eckert will draft a document to send to the ARC.
ii. Resident Response
Mr. Riddle replied to staff that he is in disagreement with the findings of Barraco and Associates. Engineer Savage and Barraco staff reviewed the file before the meeting and verified that all of the data used in the topographical map is valid and correct. District Manager Teague asked about the walkway, which may be Mr. Riddle’s main concern. Engineer Savage stated that the walkway is not impeding the flow of water, and there is no issue with the swale. The Board has asked staff to reply to Mr. Riddle, stating that they believe the issue has been corrected sufficiently, and it has been resolved.
SIXTH ORDER OF BUSINESS District Counsel Items
A. Discussion of Amendment to Settlement Agreement and Restrictive Covenant for Moody East
Attorney Eckert shared the latest revision to the HFH agreement and asked for Supervisor input. Chair Krukowski noted that the new version states that Moody East should compensate the HOA $10,000 for the boat ramp maintenance. Supervisor Van Horn stated that $10,000 should be firm. Supervisor Geltner stated that the definitions are too broad in reference to the scope and intent of the original covenant. He would also like the District to recoup the estimated $150,000 spent in attorney fees from the first lawsuit.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with 4 in favor, and Supervisor Geltner opposed, the Board authorized Attorney Eckert to continue the negotiations with Moody East in accordance with the proposed counter offer.
B. Update on Communications with HOA Attorney Regarding Preserve Ownership and Monument Signs
Attorney Eckert informed the Board that he has received no response for many months and would like to remove this item from the Agenda. According to the HOA, this item will be reviewed by the Voting Representatives, who will meet at the end of the year. Staff will add this item to the Agenda when an update has been provided.
SEVENTH ORDER OF BUSINESS District Manager Items
There were no District Manager items.
EIGHTH ORDER OF BUSINESS Field Manager Items
All project updates and hurricane follow up is discussed below.
NINTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
Chair Krukowski pulled the Action List and the Field Services Report.
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 items Di, Dii, Diii, Div, and Dvii on the Consent Agenda.
C. Consideration of Items Pulled for Discussion
Chair Krukowski requested that the Action List reflect completed items or remove them from the list. He asked specifically about the entry from January 19, 2023. Staff will update this report for the next meeting.
Chair Krukowski also reviewed the Field Services Report and stated that he discussed some of the items with the fence company. He also stated that the planting pots and fire pit had been cleaned out. He noted some damaged catch basins and asked Field Manager Pepin to investigate.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved items Dv. and Dvi.
i. Public Comment Taken on Each Pulled Item as it is Considered
D. Consent Items
i. Meeting Minutes from September 12, 2024
ii. Monthly Financial Summary for the Month of September 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. Required And Missing Preserve Signs Update
Field Manager Pepin stated that the signs are in production, and he hopes to have them installed by year’s end.
B. Maintenance and Repairs
i. Monument Signs Update
Field Manager Pepin stated that 8 of the 10 signs have been pressure cleaned, and the last two should be completed by week’s end. All permits have been submitted and are awaiting approval from the County. The brick order has also been placed, and that work will begin when the bricks arrive.
ii. Canal Planting Agreement for Approval
The agreement was shared with the HOA, and they shared it with ARC, who is in agreement. The HOA president, Shawn Meade, will return the signed agreement to staff.
iii. Aerator Repair Quote
The Board approved the proposal for Lakes 7 and 18, but not for Lake 16 at this time. The Board is waiting for a quote for an entire system upgrade for Lake 16.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved aerator repair for Lakes 7 and 18.
iv. Faux Bridge Cleaning and Painting
Chair Krukowski shared a previous proposal obtained by the HOA and asked Field Manager Pepin to obtain additional quotes to repaint the faux bridge. The structural soundness of the faux bridge was asked to be investigated.
Vice Chair Jenner also mentioned the gazebo at the fishing pier. Chair Krukowski mentioned asking Lykins to submit a proposal for refinishing and obtaining a revised quote from Paradise. It is believed that the HOA has been asking for this refurbishment, and the CDD should speak to them about contributing to the costs.
v. Report of Broken Fence/Dumping – Silver Thorn Loop
Supervisor Geltner sent staff photos of dumping and a broken fence along Silver Thorn. It was noted that Newell, the new landscaping company, had received permission from the HOA to dump the debris, and they have already cleaned it up. Chair Krukowski stated that this is one of the locations observed on his ride around with Eagle Fence.
vi. Clogged Storm Drain at Midship Quote
The complaint of flooding had been submitted to Chair Krukowski, who mentioned it at the last Board meeting. Field Manager Pepin obtained a quote from Sewer Viewer to scope that section of pipe. This project was approved.
On MOTION by Supervisor Kinnunen, seconded by Supervisor Geltner, with all in favor, the Board approved Sewer Viewer to scope a section of pipe in the storm drain at Midship, not to exceed $5,200.
vii. Hurricane Follow Up Issues
The broken branch across from 12991 Olde Banyon Boulevard has been removed. The damaged tree at the end of Blue Jasmine Drive has been removed. Chair Krukowski would like Field Manager Pepin to obtain a quote to clean up the fence line on Blue Jasmine. The fallen trees at the end of Turtle Cove have been removed. It was reported that a portion of a tree fell out of the preserve onto a resident’s property, and it is being addressed. There was also a report of a tree down around Lake 16, and it is being addressed.
ELEVENTH ORDER OF BUSINESS Supervisors’ Items
Supervisor Van Horn commented that the Field Services Report indicated that the aerator on Lake 7 was unplugged again and asked if staff had sent letters. Staff stated that letters were sent out and only one person replied, stating that we cannot contact them. It was asked that Field Manager Pepin install a lock cover on the plug.
Chair Krukowski asked Attorney Eckert if the CDD can fine residents who interfere with CDD projects, such as unplugging an aerator. Attorney Eckert stated that this is not a normal function of the CDD. Chair Krukowski also commented about the ride around with Eagle Fencing, and stated that he indicated all areas of concern.
TWELFTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
There were no comments from the Audience.
THIRTEENTH ORDER OF BUSINESS Adjournment
Chair Krukowski adjourned the meeting at 2:49 p.m.