Meeting Minutes for April 18, 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, April 18, 2024 at 1 p.m.
Present and constituting a quorum were:
John Boland – Chair
Chris Jenner – Vice Chair
William Krukowski – Assistant Secretary
Also present were:
Cal Teague – District Manager, Premier District Management (PDM)
Frank Savage – Engineer, Barraco and Associates
Richard Akin – Attorney, Henderson, Franklin, Starnes, and Holt, P.A.
Melissa Gindling – Assistant District Manager, PDM
11 Audience Members
Attending remotely:
Mike Eckert – Attorney, Kutak Rock, LLP
Dawson Wynne – Resident
Mr. Eastham – 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 three Board members were present. Also in attendance were Cal Teague, the District Manager, Frank Savage, Engineer, Richard Akin, Attorney, Melissa Gindling, the Assistant District Manager, and 11 audience members. Mike Eckert, the Attorney, and Residents Dawson Wynne and Mr. Eastham participated remotely.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 11Dx: Annual District Registered Voter Count – 1,142.
On MOTION by Supervisor Krukowski, seconded by Vice Chair Jenner, 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
Resident Crispin Melloh had several comments:
She commented about the aerator compressor near her home that was moved by the CDD and stated that the compressor is very noisy. She asked if the aerator was moved because of the lake erosion in the area. She also asked the Board to move the compressor away from her home, and to keep the muffler on the compressor.
She asked about the easements in Moody River, and how she can find out who owns them.
She asked about the funds in the HOA reserves for the faux bridge. Supervisor Boland clarified that while the CDD is responsible for the maintenance of the faux bridge, the HOA had collected reserves for the bridge. Engineer Savage also reported that the Engineers agreed with Community Field Services’ report concerning the area, and that the recommended cleaning and repair work should be balanced against other ongoing obligations to the CDD.
She asked why a code enforcement officer was recently at Lake 7.
FIFTH ORDER OF BUSINESS Consideration of Resignation of Supervisor Shawn Meade
The Board accepted the resignation of Supervisor Meade.
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with all in favor, the Board accepted the resignation of Supervisor Shawn Meade, effective March 27, 2024.
SIXTH ORDER OF BUSINESS Consideration of Matters Related to Filling Vacant Seat #4
Chair Boland stated that one letter of interest has been received from resident Steven Thomas. Supervisor Geltner had previously requested to delay the vote until all 4 supervisors can attend in person. The Board delayed this decision until the next meeting, and asked staff to let Mr. Thomas know that the appointment had been delayed. They also requested that the HOA send an e-blast to the community, notifying the residents of the vacancy.
On MOTION by Supervisor Krukowski, seconded by Vice Chair Jenner, with all in favor, the Board approved delaying consideration for filling Seat #4 until the next meeting.
SEVENTH ORDER OF BUSINESS Resolution 2024-05: Board Reorganization
This resolution was tabled until the next meeting when all Supervisors can attend.
On MOTION by Supervisor Krukowski, seconded by Vice Chair Jenner, with all in favor, the Board approved delaying action on Resolution 2024-05 until the next meeting.
EIGHTH ORDER OF BUSINESS District Engineer Items
A. Lee County Code Violations and LDO Update
Engineer Savage had provided several email updates and handouts for the Board, and reported the following:
He stated that, during the meeting with the County, they delayed the approval of the LDO until Lake 7 is “grayed out”, because the violation on this lake will be addressed separately. The revised LDO can then be re-submitted to the County. Engineer Savage stated that the revised LDO has been submitted, and staff expects the County to approve it in the near future.
District Manager Teague reported that staff presented the updated lake maintenance plan at the meeting with the County, and the County agreed that the CDD can start some of the lake maintenance soon once the LDO is approved. Staff received a proposal to address Lakes 3, 4 and 5 shortly before the meeting.
There was discussion on the lake maintenance plan and how remediation will be accomplished.
Two audience members commented on the lake maintenance project, and one audience member asked about the deep lake requirements. Staff clarified that the violations are currently for the lake banks, and not the deep lake requirements.
The Board accepted the proposal from Pristine Lakes, and asked the contractor to begin with the lake in the poorest condition, if there is not enough time this season to complete all 3. Engineer Savage will also review the materials and process for filling in the shoreline to ensure that the lost lake bank areas are filled in, and he will also address the 4-1 slope requirements.
On MOTION by Supervisor Krukowski, seconded by Chair Boland, with all in favor, the Board approved Pristine Lakes to remediate Lakes 3, 4, and 5, not to exceed $125,000.
B. Faux Bridge at Community Entrance
Engineer Savage discussed his report on this area during audience comments.
C. Request for Regrading at 13331/13341 Seaside Harbour
The homeowner in this area has continually complained of flooding in his lanai, and an exhibit was in the packet, illustrating this area. Engineer Savage stated that the catch basins have now been cleaned, and three pipes somewhat close to these homes need cleaning, although the pipes probably do not affect this home. The proposal to clean these pipes is on the Agenda, item 12Bi.
Engineer Savage reported that the swale appears to be adequate, however, the swale might meander outside of the drainage easement. He stated that the swale conditions could possibly have been impacted by the pool and walkway construction at 13341 Seaside Harbour. Any re-grading in the area would likely not impact the overall surface water management system, but may improve the level of service within the immediate vicinity of these homes. After discussion, the Board directed staff to inform the resident that the catch basins have been cleaned, and tell them about all the work and research that the CDD has completed related to this request. The Board suggested that the CDD wait until it is determined if the cleaning has improved the drainage in this area before revisiting this issue. This item will be removed from the Agenda for the time being.
D. Drainage Concern at 13071/13081 Seaside Harbour
The catch basins have been cleaned in this area, and no further complaints have been received. The Board removed this item from the Agenda.
NINTH ORDER OF BUSINESS District Counsel Items
A. Request for Modification of Deed Restriction for Moody East Parcel
Attorney Eckert asked the Board for further direction on proceeding with this issue. The Supervisors asked several questions, including how the modification would affect the CDD’s revenue, and what changes would be necessary. Attorney Richard Akin from Henderson Franklin, who was present at the meeting, clarified that Homefront Heroes is not asking for reduced assessments. The Board directed Attorney Eckert to work with Attorney Akin and move forward with the modification.
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with no vote, Attorney Eckert was asked to move forward with the modification of the deed restriction for the Moody East parcel. Upon the recommendation of Attorney Eckert, Chair Boland withdrew his motion and Supervisor Krukowski withdrew his second. MOTION WITHDRAWN.
B. Easement Use Agreements
Attorney Eckert provided two forms for resident requests to construct within CDD easements, and he clarified that any agreement will stipulate that any structure must be removed if the CDD ever needs the easement. One form is a deposit agreement, requiring a $1500 deposit from residents for any preparation work that is completed by the Attorney or the Engineer. The second is an easement use agreement form that would be customized for each situation. The Board accepted both documents and the process outlined by the Attorney.
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with all in favor, the Board accepted the deposit use agreement form, with the required deposit amount of $1,500, and the easement use agreement form, with the easement use process that the Attorney developed.
C. Communications with HOA Attorney Regarding Preserve Ownership, Monument Maintenance Funds
and Shared Electric Meters
Attorney Eckert reported that he had a few conversations with the HOA’s attorney regarding the topics in question, and he stated that it appears that the process is moving forward. The HOA’s attorney is now waiting for the next HOA meeting for further direction.
D. Sunshine Law Protocols
Attorney Eckert reminded the Board of the Sunshine Law restrictions, stating that any social media, text or email communications between Board members are not advisable. He stated that any communication between Board members about matters that may come before the Board for action must wait until the next public Board meeting. Supervisor Krukowski asked for clarification concerning a Board member’s attendance at HOA meetings.
Attorney Eckert stated that he will also be providing a legislative update next month on a pending bill that will apply to CDDs.
TENTH ORDER OF BUSINESS District Manager Items
A. Draft of Fiscal Year 2025 Proposed Budget
A draft of the proposed Budget was included in the packet, and District Manager Teague stated that this will be approved at the next meeting, and a Public Hearing will be scheduled for the adoption of the Budget. He reminded the Board that, if they would like to increase assessments, this must be decided at next month’s meeting. The Board asked staff to confirm the amounts listed in the fountain contracts line item match the new contract amount.
B. Public Records Designation
This form was included in the packet as information for the Board.
C. FEMA Reimbursement Update
District Manager Teague stated that one denial memo has been received from FEMA. He reported that FEMA appears to be enforcing rules differently, and that CDDs and all government agencies are not being approved for reimbursement this cycle. He reported that staff can appeal this decision, and the cost would be approximately $1,500. Since the chances of reimbursement were low, the Board did not have any interest in pursuing an appeal.
ELEVENTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
No items were pulled.
i. Public Comment on Balance of Items
B. Motion to Approve Balance of Items
On MOTION by Supervisor Krukowski, seconded by Vice Chair Jenner, with all in favor, the Board approved all Consent Items.
C. Consideration of Items Pulled for Discussion
i. Public Comment Taken on Each Pulled Item as it is Considered
Supervisor Jenner noted that several items on the Action List could be closed, such as the aerator upgrade project.
D. Consent Items
i. Meeting Minutes from February 15, 2024
ii. Monthly Financial Summary for the Month of February 2024
iii. Monthly Financial Summary for the Month of March 2024
iv. Report on Pond Watch
v. Maintenance Reports from AWC
vi. Action List
vii. Fiscal Year 2023 Audit Report
viii. March Field Report
ix. CDD Board of Supervisors Election Qualifying Information
x. Annual District Registered Voter Count – 1,142
TWELFTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
i. Fountain and Aerator Operations
Supervisor Krukowski reported that all approved fountain repairs and aerator upgrades have been completed. Fountain Kings also conducted their first maintenance event and discovered several issues that need to be addressed. Their maintenance report and proposals are included in the packet. The Board accepted the proposal for aerator repairs at the cost of $744.97. The second proposal presented two options for fountain repairs, and the Board selected option 2 with the cost of $7,809.16.
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with all in favor, the Board approved the aerator repairs which Fountain Kings had identified, not to exceed $744.97.
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with all in favor, the Board approved the fountain repairs, which Fountain Kings had identified, not to exceed $7,809.16.
ii. Request to Move Aerator Compressor on Midship Drive
Supervisor Krukowski stated that this compressor was recently moved next to the electrical panel near the roadway, because of flooding issues at the previous location. The homeowners are stating that the compressor is very noisy and they are requesting relocation of the compressor behind another home. Supervisor Krukowski presented three options:
1.Leave it where it is currently.
2. Move it back to the original location and elevate the cabinet with cinder blocks, with an estimated cost of $500-$700.
3. Move it to a new location, which would require installation of a new electric line, with an estimated cost of $4,950 for electric installation and $750 for moving the compressor.
The Board agreed to go with option 2. They also directed Field Manager Pepin to work with Fountain Kings and Supervisor Krukowski on this project.
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with all in favor, the Board approved relocating the compressor on Midship Drive to its original location, and elevating and securing it, not to exceed $1,000.
B. Stormwater Management
i. Proposal for Three Storm Drain Lines to Clean
After having the basins cleaned in the north, staff was informed that 3 lines are completely clogged and need to be cleaned with a vactor truck. A quote was received from Sewer Viewer to complete this task for $9,426. The Board accepted this proposal and asked Attorney Eckert to provide protection for a possible drain break in the work authorization.
On MOTION by Chair Boland, seconded by Supervisor Krukowski, with all in favor, the Board approved Sewer Viewer to clean 3 clogged storm drain lines, not to exceed $9,426.
C. Maintenance and Repairs
i. Monument Signs
Chair Boland stated that there had been complaints from residents concerning the appearance of the monuments. It was mentioned that a contractor had completed some repairs previously, with an unsatisfactory result, and the repairs need to be corrected. Field Manager Pepin reported that he had met with Lykins Signtek in early March, and they inspected each monument again to confirm the scope of work. At the end of the month, he was informed that the brick company wants to evaluate the project with Community Field Services to ascertain their portion of the repairs, and this meeting will be held in May. The Board asked staff to confirm that the company will repair the different colored mortar and replace the bricks used in some of the monuments. They also suggested that the company may be able to re-use some of the original bricks, which were lying on the ground next to the monuments.
ii. Native Plant List for Canal Area Follow-up
Several residents had asked staff for an update on this list, and Chair Boland reported that the HOA now appears to be amenable to allowing plantings along the canal to support the canal banks. Attorney Eckert suggested that the CDD develop an informal list of native plants that would be acceptable, which could be given to ARC for their use when approving any applications. The Board asked District Manager Teague to work with resident Dawson Wynne to develop this list, which the Board would then present to the HOA.
D. Draft of District Newsletter
Supervisor Geltner’s latest draft was included in the packet for discussion. The Board asked staff to revise the newsletter to state that Seat #4 is vacant, and to remove page 5 going forward. They asked that the CDD post this newsletter on its website, and that the HOA send it as an e-blast.
THIRTEENTH ORDER OF BUSINESS Supervisors’ Items
Chair Boland reported that he will be resigning his position at the end of June and suggested that the remaining Supervisors consider the seats that will be vacant at the next meeting.
FOURTEENTH ORDER OF BUSINESS Field Manager Items
There were no comments on the Field Report.
FIFTEENTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Resident Crispin Melloh asked about the maintenance of the street signs and was directed to ask the HOA, because they are responsible for street signs.
The Board asked staff to re-schedule the May meeting to May 22nd at 1:00 p.m.