Draft Meeting Minutes for September 12, 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, September 12, 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
Attending remotely:
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
Two Residents
Attending remotely:
Chris Pepin – Field Manager, Community Field Services
Mike Eckert – Attorney, Kutak Rock, LLP
Patti Wachter – Resident
Frederick Doran – 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 Four Board members were physically present, and Supervisor Geltner attended remotely. Also in attendance were Cal Teague, the District Manager; Frank Savage, Engineer; Melissa Gindling, Assistant District Manager; Mandie Rainwater, Assistant District Manager; and Two Residents. Attending remotely were Mike Eckert, the Attorney; and Three Residents, including Patti Wachter and Frederick Doran. Chris Pepin, the Field Manager, joined remotely later in the meeting.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Supervisor Geltner requested to move Field Manager after District Manager on the Agenda. He also requested to add Supervisor questions and comments on Agenda items after Public Presentation on Agenda Items.
He also stated that he had not received the Amended Agenda in his email, and he commented on following proper procedure when there is a motion.
On MOTION by Supervisor Geltner, it was moved that Field Manager move to after District Manager on the Agenda, and to add Supervisor questions and comments on Agenda items after Public Presentation on Agenda Items. There was no second and the motion failed.
An Amended Agenda had been forwarded to the Board:
Add 13A: Lake 4 Fountain Replacement Estimates
Add 13B: Vegetation Cleanup Proposal
On MOTION by Supervisor Van Horn, seconded by Chair Krukowski, with four in favor, and Supervisor Geltner opposed, 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 Fiscal Year 2025 Budget Public Hearing
A. Presentation of Final Budget
The Proposed Budget for Fiscal Year 2025 was included in the packet, and District Manager Teague stated that the assessments remain at the current level. He also stated that the Budget can be changed at this meeting, but the assessment rate cannot be increased, only lowered.
B. Public Comment
On MOTION by Vice Chair Jenner, seconded by Supervisor Geltner, with all in favor, the Budget Public Hearing was opened at 1:11 p.m.
There was no Public Comment.
On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with all in favor, the Budget Public Hearing was closed at 1:12 p.m.
C. Resolution 2024-07: Adopt FY 2024-2025 Budget Appropriation
Supervisor Geltner commented on the representation of the discount amount in the Budget, and District Manager Teague explained that the assessment revenue line item in the Budget reflects the gross amount assessed less projected discounts.
On MOTION by Supervisor Geltner, it was moved to populate the contra revenue discount line item in the Budget. There was no second and the motion failed.
On MOTION by Supervisor Geltner, seconded by Chair Krukowski, with all in favor, the Board approved Resolution 2024-07, adopting the Fiscal Year 2024-2025 Budget, as presented.
SIXTH ORDER OF BUSINESS Fiscal Year 2025 O&M Assessment Public Hearing
A. Presentation of Assessment Rates
The preliminary assessment roll was included in the packet. No increase or decrease has been made to the proposed assessment rates between Fiscal Year 2024 and Fiscal Year 2025.
B. Public Comment
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Assessment Public Hearing was opened at 1:28 p.m.
There was no Public Comment.
On MOTION by Supervisor Geltner, seconded by Supervisor Kinnunen, with all in favor, the Assessment Public Hearing was closed at 1:29 p.m.
C. Resolution 2024-08: Approve FY 2024-2025 Assessments Levy
Supervisor Geltner asked questions about assessment line items.
On MOTION by Chair Krukowski, seconded by Supervisor Geltner, with all in favor, the Board approved Resolution 2024-08, approving the Fiscal Year 2024-2025 assessments levy.
SEVENTH ORDER OF BUSINESS District Engineer Items
A. Lee County Code Violations Update
Engineer Savage reported that the work is complete on Lakes 3 and 4, and they have been inspected and certified by Lee County. The work on Lake 5 is progressing, however, due to the recent rain, he and the contractor have decided to stop work until the lake levels recede. It was stated that the final payment for Lakes 3 and 4 was issued to the contractor in the amount of $47,545. Chair Krukowski noted that trees to be planted have been placed in the work area, and he believes they should be stored in a more appropriate place. He also noted bare areas in the sod on Lake 3 that need to be filled in. Overall, he was pleased with the work.
District Manager Teague stated that the Lee County Hearing Officer has issued the final order for Lake 8, and the fine of $1,505 has been paid.
B. Compaction of Lake Bank Material Follow-up
Supervisor Geltner asked staff to inquire about compaction of soil and types of soils used in the lake restoration project. There was discussion on the need for compaction testing, and Engineer Savage stated that it is not required, but he asked the Board if they would like it to be completed. Chair Krukowski stated that he would like it ensured that the soil is of high quality, and Engineer Savage stated that samplings can be taken during the restoration process. Supervisor Van Horn also stated that they need to be cognizant of the amount being spent for work that is not required. This will be further considered as the next phase begins.
C. Updated Public Facilities Report Update
Engineer Savage stated that they are drafting the public facility report, as required by statute, which will be presented to the Board upon completion.
D. 13331/13341 Seaside Harbour Update
At the June meeting, the Board directed staff to request a proposal for regrading the swale between the two walkways at 13331 and 13341 Seaside Harbour. This proposal was sent to the homeowner at 13341 with a letter requesting the homeowner to complete this work, and the homeowner stated that he will be starting the project in the near future. The CDD would like him to include the repair on his neighbor’s property, which he is reluctant to do. There was discussion on whether a homeowner should be responsible for someone else’s property, and if homeowners should be responsible for engineering expenses.
On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with Supervisor Geltner in favor, and 4 Supervisors opposed, it was moved that homeowners are responsible for any engineering expenses that are a result of any damage to the stormwater system. Motion failed.
EIGHTH ORDER OF BUSINESS District Counsel Items
A. Discussion of Amendment to Settlement Agreement and Restrictive Covenant for Moody East
Attorney Eckert had forwarded an update on the proposed amendment to the Board, and he stated that he has no further updates.
Attorney Akin, who is representing Homefront Heroes, provided through email a brief update, as well as, an updated site plan that was included in the Additional Materials packet.
B. Update on Communications with HOA Attorney Regarding Preserve Ownership and Monument Signs
Attorney Eckert stated that he will provide an update after the HOA meeting.
C. Vegetable Garden Legislation Update
Attorney Eckert noted that this legislation is primarily an issue for the HOA, unless it impacts the CDD’s drainage system. Staff research found that HOA’s can regulate gardens in yards and common grounds to maintain appearance.
D. Resolution 2024-09: Amending and Restating Resolution 2010-04 Adopting Records Retention Policy
District Manager Teague is the custodian of public records, and the Records Management Liaison Officer is Client Services Manager Dudak. These retention timeframes apply to digital records also, and Supervisors should be prepared to keep these records, even if they resign. These records can be found at docs.fl.gov.
i. General Records Retention Schedule GS1-SL
ii. Election Record Retention Schedule GS3
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved Resolution 2024-09, adopting the amended and restated retention policy for the General Records Retention Schedule GS1-SL and the Election Record Retention Schedule GS3.
NINTH ORDER OF BUSINESS District Manager Items
A. Proposed District Goals and Objectives Document; Resolution 2024-10 to Adopt It
It was stated that, if the Board would like a more comprehensive document than what was provided, staff can request proposals from another source, and there will be a charge. Vice Chair Jenner requested a more specific description of the community, and this will be included in the final document.
On MOTION by Supervisor Geltner, it was requested to delay approval until the next meeting to allow further examination of the District goals and objectives document. There was no second and the motion failed.
On MOTION by Supervisor Kinnunen, seconded by Supervisor Van Horn, with all in favor, the Board approved Resolution 2024-10, adopting the proposed District goals and objectives document.
B. Proposed Fiscal Year 2025 Meeting Schedule; Resolution 2024-11 to Adopt It
The Fiscal Year 2025 meeting schedule was presented, and the meetings will be the third Thursday of every month.
Chair Krukowski asked if advertising the schedule yearly is sufficient, and if they can cancel monthly advertisements. Attorney Eckert believes that monthly advertising is required according to the statute requiring reasonable notice of every meeting, as well as, Moody River Estates CDD’s rules of procedure.
On MOTION by Chair Krukowski, it was requested to eliminate monthly advertising of Board meetings. After discussion, motion was withdrawn.
On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with all in favor, the Board approved Resolution 2024-11, adopting the Fiscal Year 2025 meeting schedule.
TENTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
Chair Krukowski pulled 10Dvii Field Services Report.
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, except 10Dvii. Field Services Report.
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 June 20, 2024
ii. Monthly Financial Summary for the Month of June 2024
iii. Monthly Financial Summary for the Month of July 2024
iv. Report on Pond Watch
v. Maintenance Reports from Aquatic Weed Control
vi. Action List
vii. Field Services Report
Chair Krukowski asked about the status of the air compressor on Lake 16, and staff will investigate. As an update to the July report, he stated that all of the fountains are currently functioning, except the fountain on Lake 4. He also reported that he had cut down the branch that was interfering with an aerator cabinet. In addition, he stated that the weeds on Lake 9 are overgrown, and the landscapers have been asked to trim them.
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor,10Dvii the Field Services Report was approved.
ELEVENTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
i. Required And Missing Preserve Signs Update
Field Manager Pepin provided the following proposals:
The first proposal is an estimate to inspect and log the signs that are currently missing, and present a report, at the cost of $600. After this is completed, he will obtain a proposal for their installation.
The second proposal is an estimate from Fastsigns to create all new signs based on the permit requirements, at the cost of $9,935.94.
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor, the Board authorized the Field Manager to locate and log the existing preserve signs and determine how many additional signs are required, not to exceed $600.
B. Maintenance and Repairs
i. Monument Signs Update
a. Selection of New Tree Logo
There were 3 options presented, and the Board selected the tree logo sign with the sunset background.
On MOTION by Chair Krukowski, seconded by Supervisor Kinunnen, with all in favor, the Board approved the tree logo sign with the sunset background, as illustrated on page 208 of the Additional Materials.
b. Selection of New Wall Caps
Of the options presented, the Board selected WC-8.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the WC-8 wall caps.
c. Selection of New Bricks
The Board agreed that the contractor can determine the best bricks to install.
On MOTION by Chair Krukowski, seconded by Supervisor Geltner, with all in favor, the Board approved the contractor to select the best bricks for installation.
d. Paint Color for Flat Backing
The Supervisors have been collecting samples, and they decided to select the color at a later time.
e. Paint Color for Moody River Lettering
The Board decided to select hunter green for the lettering, which is close to what is currently present.
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor, the Board approved hunter green for the Moody River lettering.
ii. Native Plant List for Canal Area Follow-up
Supervisor Van Horn has consulted with SFWMD and Lee County, and Abby Henderson of Lee County recommended the Lee County native plant list.
a. Agreement Proposal
Supervisor Van Horn presented an outline of a proposed agreement between the CDD and the HOA. It was decided that Supervisor Van Horn, Attorney Eckert, and staff will finalize an agreement based on this draft, which will be authorized and signed by the CDD and the HOA.
iii. Updated Aerator and Fountain Maintenance Log
The updated log was provided in the packet.
TWELFTH ORDER OF BUSINESS Supervisors’ Items
Supervisor Geltner’s meeting notes along with Management’s responses are included in the Additional Materials.
Also included in the Additional Materials are emails from Supervisor Van Horn and Supervisor Jenner asking for amendments to the minutes, which staff completed.
THIRTEENTH ORDER OF BUSINESS Field Manager Items
A. Lake 4 Fountain Replacement Estimates
Two quotes are provided for the replacement of the fountain in Lake 4. One proposal is from Kasco Fountain and is at the cost of $13,522. The second proposal is from Vertex at the cost of $12,500. Field Manager Pepin does not recommend installing a Kasco fountain, because they seem to break down more often.
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor, the Board approved Vertex to install a fountain in Lake 4, not to exceed $12,500.
B. Vegetation Cleanup Proposal
A proposal from Pristine Lakes was submitted listing areas specified in the Field Report for vegetation cleanup, at the cost of $4,550.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved Pristine Lakes to complete vegetation cleanup in the areas specified in the Field Report, not to exceed $4,550.
C. Hurricane Cleanup Pre-Authorization Proposals
These are proposals that would secure the services of Community Field Services and Pristine Lakes for future hurricane cleanup during the 2024 season.
On MOTION by Supervisor Kinnunen, seconded by Supervisor Van Horn, with all in favor, the Board approved the pre-authorization to secure Community Field Services and Pristine Lakes for future hurricane cleanup.
FOURTEENTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Chair Krukowski suggested canceling the December meeting because of the holidays. The Board agreed to cancel the December 2024 meeting, except on the call of the Chair.