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
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
One Resident
Attending remotely:
Chris Pepin – Field Manager, Community Field Services
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; Mandie Rainwater, Assistant District Manager; and One Resident. Attending remotely were Mike Eckert, the Attorney, and Chris Pepin, the Field Manager.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Since the meeting was scheduled sooner than the regular meeting date, a few items were missing from the Agenda packet. Staff was asked to remove those items. The amended Agenda was approved.
An Amended Agenda had been forwarded to the Board:
Add 7A Fiscal Year 2024 Audit Engagement
Remove 9Div Aquatic Weed Control’s Report
Remove 9Dvi Field Services Report
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
Engineer Savage reported that Lakes 3 and 4 have been inspected and approved by Lee County. Work on Lake 5 is progressing, however, due to the recent rain, Engineer Savage and the contractor believe that work should be paused until the lake levels recede. In the meantime, the extra trees have been planted and the contractor is investigating the dead sod around Lake 3 that may need to be patched. After Lake 5 is complete, the next lakes in the Lake Restoration Plan schedule are 1, 6, 7 and 19.
Chair Krukowski asked Engineer Savage if he believed that other lakes in the South could be restored before the proposed lakes in the plan, since he noticed that Lake 19 is in the next round. Engineer Savage stated that they were following the Lake Management Report. He stated it would be prudent to start discussions now if the priorities have changed. Supervisor Geltner stated that this report was established about a year ago. The intent of the report was to prioritize remediation of the lake banks with the greatest issues, as well as, demonstrate to the community that all areas are important. After discussion, it was decided to pause the restoration of Lake 19 until more lakes could be completed in the South, and postpone the work on Lake 7 until the Lee County code violation is resolved. Engineer Savage indicated that he will work with staff and Chair Krukowski to evaluate the linear bank feet for rescheduling the lakes’ remediation, with the intent of keeping the proposed costs close to the original plan, and he will present it to the Board in October.
B. Updated Public Facilities Report Update
Engineer Savage completed the public facilities report just prior to the meeting and passed out hard copies to all of the Board and staff. The Supervisors were asked to read this report and provide feedback to Assistant Distict Manager Rainwater on or before October 3rd, so their comments can be shared with Engineer Savage. The report is a State requirement and Attorney Eckert stated that the report is only required to be updated every seven years unless changes are made. Engineer Savage stated that he will forward larger map files to Supervisors, so they can more easily zoom in as they evaluate them. Chair Krukowski stated that the maps may not reflect the current locations of aerators. Field Manager Pepin will send updates to Engineer Savage for inclusion in any revisions. This item was tabled until October.
C. 13331/13341 Seaside Harbour Update
Engineer Savage reported that Mr. Stracuzza at 13341 has finished the grading work requested by the CDD, and the Engineers have reviewed the completed work. It is their opinion that the swale has been returned to the original design parameters, and Mr. Stracuzza has met his obligation. If there are any additional issues, Mr. Riddle may need to hire a professional to investigate. Supervisor Geltner asked about the engineering cost associated with this issue. The amount was not available, but staff can investigate. Chair Krukowski asked if a policy related to homeowners paying engineering costs approved by the Board earlier in the year was applicable to this situation. According to District Manager Teague, it is not applicable. Supervisor Van Horn stated that the CDD should be involved sooner in the process of ARC approval when a homeowner’s improvements may impact the swales. The Board determined that this resident complaint is closed.
SIXTH ORDER OF BUSINESS District Counsel Items
A. Discussion of Amendment to Settlement Agreement and Restrictive Covenant for Moody East
The Board previously directed Attorney Eckert to continue negotiations with Home Front Heroes. He provided a few options for the next step to take. Option 1 is to do nothing, Option 2 is to return to the previous version presented by the Board, Option 3 is to accept their changes, and Option 4 is to revise the agreement they provided. Supervisor Geltner stated that he is in favor of doing nothing. Supervisor Van Horn stated that the Board should look at their proposal and provide feedback for their consideration. Attorney Eckert stated that the best way to obtain an agreement is to continue negotiations. After discussion, Chair Krukowski asked for all Supervisors to read the proposal and provide feedback to Attorney Eckert individually by phone. This item was tabled.
B. Update on Communications with HOA Attorney Regarding Preserve Ownership and Monument Signs
Attorney Eckert has not heard back from the HOA Attorney regarding these topics.
Supervisor Kinnunen asked if there were any updates on the potential litigation notice that had been received. Attorney Eckert reported that there were no updates yet, but he will provide updates during his report going forward.
SEVENTH ORDER OF BUSINESS District Manager Items
A. FY2024 Audit Engagement for Signature
District Manager Teague stated that a signature is needed for the Fiscal Year 2024 Audit Engagement letter for Grau & Associates. It had previously been agreed that this firm would provide the financial audit, and the signature is procedural. Supervisor Geltner asked the record to reflect that the additional language in the letter limits the liability of the auditor. Motion passed and the agreement was signed.
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with 4 in favor and Supervisor Geltner opposed, the Board authorized the Chair to sign the Audit Engagement letter with Grau & Associates for Fiscal Year 2024.
EIGHTH ORDER OF BUSINESS Field Manager Items
Because the meeting was rescheduled, the Field Report was unavailable for review, but Field Manager Pepin provided the following updates:
He indicated that the lakes are in good condition. There is a minor presence of weeds.
He stated that the aerator on Lake 7 was off when he conducted his inspection, and he turned it on. There was discussion about adding a locking cover to the outlet, and Field Manager Pepin stated that he will contact an electrician. The Board also asked staff to send a letter to the homes around Lake 7, reminding them not to unplug the lake equipment and explaining the benefits of lake aerators.
Field Manager Pepin stated that Fountain Kings will be performing the semi-annual fountain and aerator maintenance on Monday. They will complete work and install equipment on the aerators and fountains, as needed.
He noted that there is the presence of some exotics in the preserve, and it will be addressed by preserve maintenance staff.
Supervisor Geltner asked about the aerator and fountain log and asked that it be included in his report, even if there are no changes. Staff will add the log to future reports.
Chair Krukowski mentioned a stuck lock box on Lake 12, and Field Manager Pepin will investigate.
Chair Krukowski asked Attorney Eckert if any action can be taken for anyone throwing dog waste or other noxious materials into the stormwater system. Attorney Eckert stated that the CDD can initiate a trespass action, or seek an injunction for negligence or intentional destruction of property. A letter can be sent to residents, and the CDD and HOA can work together to solve the problem.
Field Manager Pepin mentioned there is a storm drain on Midship that needs cleaning. Roots are growing in the pipe. An inspection and cleaning of the storm drain was approved.
On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with all in favor, the Board approved the inspection and cleaning of the Midship storm drain, not to exceed $1,500.
NINTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
Supervisor Jenner requested to pull 9Di. Meeting Minutes.
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 9Di. Meeting Minutes.
C. Consideration of Items Pulled for Discussion
Line 13 – Supervisor Jenner complimented the Recording Secretary, Joliene Tarvin, on her grammar in the Minutes. He thanked her for a really great job.
Line 93- Supervisor Jenner asked that the Minutes include the website link for the plant list.
Line 95- Supervisor Jenner asked that the Minutes include the request from Supervisor Geltner, asking for the updated Aerator and Fountain Maintenance Log in all future meetings and that the log is cumulative and should also keep a complete history of all repairs. Meeting Minutes from August were approved as amended.
On MOTION by Vice Chair Jenner, seconded by Supervisor Kinnunen, with all in favor, the Board approved item 9Di. Meeting Minutes, as amended.
i. Public Comment Taken on Each Pulled Item as it is Considered
D. Consent Items
i. Meeting Minutes from August 15, 2024
ii. Monthly Financial Summary for the Month of August 2024
iii. Report on Pond Watch
Chair Krukowski provided a hard copy of this report to all Board members for their review. He attended a seminar, and the presenters discussed catfish that can tear up bank shorelines. They cannot be caught, but rather must be speared. He has successfully speared some of the fish and wonders if this should be something we do in the future to control invasive fish.
iv. Action List
TENTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
i. Required And Missing Preserve Signs Update
Field Manager Pepin stated that Community Field Services has inspected the current preserve signage and he provided a report, which was included in the Additional Materials. He recommended two options to complete this project:
- Remove all existing non-compliant preserve signage and replace it with 200 compliant signs. Existing compliant signage will be utilized, and some will need to be relocated to follow the 100-foot spacing requirements. The cost for this option is $8,279.96 for signs and $4,000 for labor, for a total of $12,279.96.
- Purchase and install 240 new signs and only remove the existing non-compliant signage from the preserves. Some areas will have extra signage, because the existing compliant signs will stay in place and will not be removed. The cost for this option is $9,935.94 for signs and $2,400 for labor, for a total of $12,335.94.
The Board selected option 2. Additionally, it was decided to have Community Field Services install the signs, as needed, throughout the preserve. Field Manager Pepin will start this project and provide an update.
On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with all in favor, the Board approved purchasing and installing 240 new signs, and removing non-compliant signage in the preserves, not to exceed $12,335.94
On MOTION by Supervisor Geltner, seconded by Vice Chair Jenner, with all in favor, the Board approved the installation of signs as needed throughout the preserve by Community Field Services.
B. Maintenance and Repairs
i. Monument Signs Update
Field Manager Pepin stated that the HOA has confirmed they will fund this project, paying the CDD for the work and arranging for the vendor and coordinating the project. The agreement has been signed by Chair Krukowski and Lykins Signtek, the deposit has been submitted, and they are waiting on permitting documents. At the August meeting, the Board approved the logo, wall caps, and the use of hunter green lettering for the signs. They also decided to allow the vendor to choose the bricks for the project. The Board still needed to choose the paint color for the background of the signs, and there were several comments that it should remain as close to the original color as possible. Supervisor Geltner dropped off a few samples that Chair Krukowski tested and he believes that they have a color that matches. The Sherwin Williams color “Creamy” was selected for the monument background, and Palm Island has provided their lettering color. Field Manger Pepin will forward all of this to Signtek. All parties involved would like to see this project completed by the end of year.
ii. Canal Planting Agreement for Approval
Supervisor Van Horn worked with Attorney Eckert to draft this agreement between the CDD and the HOA, and she asked that a section be changed. It was decided to re-write the section about littorals and present the revision for approval. Supervisor Geltner asked about the need to include the word “declarations” if we do not provide the document number. The Attorney agreed that the document number can be used to identify the declaration for the reader’s convenience. It was decided to remove the phrase “as designated in the South Florida Water Management District permit” and have the Attorney retype the declarations section for clarification. Staff will collaborate on the revision.
on MOTION by Supervisor Kinnunen, seconded by Supervisor Geltner, with all in favor, the Board approved the canal planting agreement with the phrase “as designated in the South Florida Water Management District permit” removed, and the Attorney to retype the declaration section.
iii. Vegetation Cutback Updates
Chair Krukowski, Pristine Lakes, and Field Manager Pepin toured the areas to be cut down and agreed that it would be better if the debris was hauled out, rather than putting it deeper into the preserve. Pristine Lakes estimated the new cost of the clean up project will be $5,300 versus the originally approved $4,550. This additional cost was approved by all.
On MOTION by Supervisor Geltner, seconded by Chair Krukowski, with all in favor, the Board approved an additional cost for removing debris from the preserve, not to exceed $750.
ELEVENTH ORDER OF BUSINESS Supervisors’ Items
Supervisor Geltner provided some comments via email before the meeting, and paper copies were given to the Board at the meeting.
TWELFTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
There were no comments from the Audience.