Meeting Minutes for November 16, 2023
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 16, 2023 at 1 p.m.
Present and constituting a quorum were:
John Boland – Chair
Chris Jenner – Vice Chair
Shawn Meade – Assistant Secretary
William Krukowski – Assistant Secretary
Robert Geltner – Assistant Secretary
Also present were:
Melissa Gindling – Assistant District Manager, Premier District Management (PDM)
Mike Eckert – Attorney, Kutak Rock, LLP
Wes Kayne – Engineer, Barraco and Associates
Richard Akin – Attorney, Henderson, Franklin, Starnes & Holt, PA
Dan Cody – Commander, Lee County Sheriff’s Office, Home Front Heroes
Stacey Huit – Home Front Heroes
Cal Teague – District Manager, PDM
Kate John – Attorney, Kutak Rock, LLP
Suzanne Pilnick – 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 all Board members were present. Also in attendance were Melissa Gindling, the Assistant District Manager, Mike Eckert, the Attorney, Richard Akin, Attorney, Wes Kayne, Engineer, Dan Cody, Commander, Lee County Sheriff’s Office, and Stacey Huit of Home Front Heroes, and Nine Residents. Cal Teague, the District Manager, Kate John, Attorney, and Suzanne Pilnick, Resident, participated remotely.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Move 7A to 5A: Request for Modification of Deed Restriction for Moody East Parcel
Chair Boland requested that 7A be moved to 5A in deference to guests who will give presentations concerning the Deed Restriction Modification.
Supervisor Geltner expressed concern that it was too soon to discuss Agenda item 7A. Chair Boland clarified that Attorney Eckert had sent information regarding this topic last week, and he also notified the community of this request at the recent HOA meeting.
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with 4 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 Citizens had no comments.
FIFTH ORDER OF BUSINESS District Engineer Items
Item 7A moved to 5A
A. Request for Modification of Deed Restriction for Moody East Parcel
Attorney Richard Akin, representing a social services organization designated as Home Front Heroes, presented this request to the Board. He noted that he was not asking for a Board decision at this time, but would like to begin negotiations regarding the modification request. He stated that Home Front Heroes will be asking the County for a zoning modification from single family residential to commercial for this development. Commander Dan Cody from the Lee County Sheriff’s Office provided an overview of the Home Front Heroes program, and Stacey Huit provided an overview of the planned development of the area. The Board and residents asked several questions of the Home Front Heroes representatives. Attorney Eckert clarified that, if the CDD proceeds with the revision, it will need to modify the ERUs for commercial use. The Board would like to draft some additional questions regarding the project directed to Homefront Heroes and send these to District Manager Teague or Attorney Eckert by December 15, 2023. Questions will be compiled and sent over to Attorney Akin for review.
District Engineer Items:
B. South and Central Berm/Swale Discrepancies
Engineer Kayne provided a cost estimate of $140,000 to complete work for approximately 3,300 feet that was deemed CDD responsibility. He stated that there may be additional fees if it becomes necessary to work in the ERP permitted sections of the community. Engineer Kayne noted that the work is scattered throughout the community, so it could be completed in phases. He also mentioned that 1 or 2 residents had already completed their required work, and approximately half of the residents had not contacted the Engineers as of yet. A Board member asked what the recourse would be if a resident fails to complete the necessary adjustments, and Attorney Eckert stated that the CDD could inform the resident of the requirements and legal action could be pursued, if necessary. The Board asked to add this item to the Action List, and also requested that District Manager Teague and staff present a recommendation for the next action.
C. Lee County Code Violations for Lakes 8 and 12
Engineer Kayne stated that Pristine Lakes is completing the grading around the shorelines and installing new sod. Additional littorals will be installed in the coming weeks when they have been received from the nursery. He stated that the Engineers expect to conduct their inspection in the near future. Resident John Teckorius asked if the sod and dirt that was washed into the lakes will be removed.
D. Lee County Code Violations for Lakes 2, 4 and 5
Engineer Kayne stated that they are still waiting for the County to accept the LDO amendment.
E. Request for Regrading at 13331/13341 Seaside Harbour
District Manager Teague and Chair Boland met with two of the residents on site, and noted that there are elevation and erosion issues along the canal bank area, and some exotic plants need to be removed. Some of the drains are filled with silt and are too high for water to enter. Chair Boland asked staff to have the exotics removed and get proposals to clean the drains.
Chair Boland stated that the drain at the home to the right of 13331 and 13341 Seaside Harbour appears high and most of the water does not reach the canal, but the water reaches the canal eventually. There was discussion on the grade requirements for swales. Engineer Kayne noted that the swale at 13331 and 13341 Seaside Harbour is not out of permit, but District Manager Teague observed that the drainage area does not seem to be operating correctly, because water is flowing into the resident’s lanai. He asked Engineer Kayne to review the area again.
F. North Canal Non-Exclusive Drainage and Canal Bank Maintenance Easements Erosion Issues
The Board was forwarded a list of native plants which the SFWMD had compiled. Chair Boland reported that the HOA is developing a solution for canal erosion, and drafting a list of native plants that the community can install.
SIXTH 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
Supervisor Geltner asked if the CDD is exempt from the arbitrage report requirement, and Attorney Eckert will investigate.
B. Motion to Approve Balance of Items
On MOTION by Supervisor Meade, seconded by Supervisor Geltner, with all in favor, the Board approved all of the Consent Items.
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 19, 2023
ii. Monthly Financial Summary for the Month of October 2023
iii. Report on Pond Watch
iv. Maintenance Reports from AWC and Lake Doctors
v. Action List
vi. Current Field Report
vii. Arbitrage Report
SEVENTH ORDER OF BUSINESS Business Items
7A Request for Modification of Deed Restriction for Moody East Parcel was moved to 5A
A. Coach Homes II Parking Lot Concern
Supervisor Krukowski presented a complaint from Coach Homes II in reference to the CDD’s vendor using their private parking lot when working at Lake 8. They claimed that the vendor had left tire marks and damaged one of the curbs. Attorney Eckert noted that the CDD has easements over the area for stormwater management, so the vendor is not required to gain permission from the association when they access the parking lot, but they should do so as a courtesy. After discussion, the Board decided to power wash the area and asked staff to work with Supervisor Krukowski. They also decided to deny the request for repairing the damaged curb, because it appeared that it occurred at an earlier time.
i. Fountain and Aerator Operations
Supervisor Krukowski reported that 3 of the newly installed fountains in Lakes 12 and 16 are not functioning. Lake Doctors is repairing them under warranty, but they are not completing the work in a timely manner, and there is a delay in the installation of several other previously approved aerators. Supervisor Meade reported that he has observed that the County was onsite recently measuring Lake 14.
ii. Lake Bank Maintenance Concerns
District Manager Teague stated that staff had sent a letter to Jon Hosey requesting the HOA to improve their maintenance of the lake banks, including the exotics and weeds. Mr. Hosey acknowledged the issue and stated that he will contact Ameriscape. He stated that this was discussed at a recent HOA meeting, and they are working on a better plan to maintain these areas.
C. Stormwater Management
i. Policy Related to Restoration and Maintenance of CDD Assets
Supervisor Geltner stated that he has been working with Attorney Eckert, and Mr. Eckert is finalizing the document.
D. Repair and Maintenance
i. Status of HOA Review of Amendment to Maintenance Agreement
Assistant District Manager Gindling reported that staff has forwarded the amendment to the HOA for review and signature, but there has been no response as of yet. Staff will follow up.
ii. Monument Sign Repairs
Supervisor Geltner reported that he is compiling a list with photos illustrating the needed repairs and treatments for each monument. The CDD is still waiting for the HOA to acknowledge what amount of reserve funds will be transferred to the CDD to pay for these repairs. It was noted that the issue with rust will need to be addressed in future repairs. Mr. Geltner will work with staff to prioritize 3 of the most important issues to be addressed.
Field Manager Pepin reported that he had received a proposal for the repair and replacement of the foam caps and the pressure washing of the monuments.
iii. Faux Bridge at Community Entrance
Assistant District Manager Gindling stated that Field Manager Pepin inspected the area and identified the following issues:
He reported that the catch basins have not been maintained, and several of them are filling up with silt, and each catch basin needs to be cleaned.
He stated that rock and mulch cover several basins and need to be removed.
Field Manager Pepin reported that some of the basins are above the surrounding grade, and water is flowing around them and not into them. They should be lowered so that they can collect water.
He reported that one of the drainpipes is discharging water higher on the bank, which is causing the area below it to wash out. This drainpipe is more than 50% clogged, and it should also be extended into the lake.
The Board asked Engineer Kayne to investigate and consult with Field Manager Pepin to develop suggestions for addressing these issues.
E. Resolution 2024-02: Board Reorganization
At last month’s meeting, Chair Boland informed the Board that the Board can be reorganized at this time. The Board has no interest in changing officers.
EIGHTH ORDER OF BUSINESS Supervisors’ Items
Supervisor Geltner asked if the brick columns by the south entrance were CDD or HOA responsibility and it was clarified that they are owned by the HOA. He also had some questions about the CDD’s insurance policy, and asked to meet with staff to discuss it.
NINTH ORDER OF BUSINESS District Counsel Items
A. Unauthorized CDD System Intrusion Criminal Referral
Attorney Eckert reported that someone breached one of the Supervisor’s email boxes and forwarded emails from it. He noted that he is not sure if a crime has been committed, but he would like to report it to the Sheriff’s Office for further investigation. The Board agreed with this course of action.
Attorney Eckert also reported that an ethics training memo has been emailed to the Board this week, which offers several options for the Board to complete the training. Per a Supervisor request, he is also researching and will ascertain whether Supervisors can be reimbursed for the cost of this training, and he will report back.
He stated that he attends the meetings remotely at times and joins the meeting in person, if he deems that there are items up for discussion that would benefit from his presence. He asked the Board if they are agreeable to this policy and they are.
Supervisor Geltner asked if Attorney Eckert could be more proactive and provide suggestions to the CDD, and Attorney Eckert stated that he could provide a list of suggestions perhaps twice a year, based on his experience with other communities.
TENTH ORDER OF BUSINESS District Manager Items
A. Updated Board Email Process
Assistant District Manager Gindling stated that Client Services Manager Dudak developed a revised process for recycling Board email boxes, due to the recent breach, and a summary of the new policy was included in the packet. He consulted with GoDaddy and decided to slow the process and repeat some steps, so that it allows extra protection for deauthorizing prior login devices.
B. FEMA Reimbursement Update
Assistant District Manager Gindling stated that there are no updates since last month, and staff is still waiting for an eligibility determination from FEMA.
ELEVENTH ORDER OF BUSINESS Field Manager Items
The Board asked Field Manager Pepin to obtain proposals for addressing the exotics along the canal area, and also obtain proposals for cleaning the drains in the canal area. They also asked him to continue acquiring estimates for the monument repairs.
TWELFTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Resident John Teckorius asked if District Manager Teague is required to forward emails to the Board. Attorney Eckert clarified that this is not a requirement, but he will forward an email if he deems that it is something necessary for the Board to see. He mentioned that Mr. Teckorius can email the Board members directly using the emails found on the CDD website. Mr. Teckorius also requested a paper copy of the bid package for the lake bank repairs, and staff will provide it, when it has been prepared.
Supervisor Krukowski stated that he cannot attend the January meeting and asked if they can change the date. Chair Boland asked staff to consult with the Supervisors and select a date.
The Board discussed the need to move forward with getting bids for the lake bank repairs. Assistant District Manager Gindling noted that staff has started to draft a bid packet, and once the LDO is accepted by the County, staff will advertise and request bids. Supervisor Geltner wondered if the Board should establish a committee for lake bank repairs.
THIRTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Meade, seconded by Supervisor Krukowski, with all in favor, the Board agreed to adjourn at 2:41 p.m.
The next Regular Meeting is scheduled for January 18, 2024 at 1:00 p.m.