Copy Draft Meeting Minutes for May 15, 2025
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, May 15, 2025 at 1 p.m.
Present and constituting a quorum were:
William Krukowski – Chair
Chris Jenner – Vice Chair
Melody Van Horn – Assistant Secretary
Clifford Kinnunen, Jr. – Assistant Secretary
Robert Geltner – Assistant Secretary
Also present were:
Cal Teague – District Manager, Premier District Management (PDM)
Mandie Rainwater – Assistant District Manager, PDM
Bill Bond – Pond Watch
Mark Johnson – Pond Watch
Two Residents
Attending remotely:
Kate John – Attorney, Kutak Rock, LLP
Kubra Metin – Attorney, Kutak Rock, LLP
Frank Savage – Engineer, Barraco and Associates
Melissa Gindling – Assistant District Manager, PDM
One 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 by Chair Krukowski at 1:00 p.m. and the roll was called. All Board members were present. Also in attendance were Cal Teague, the District Manager; Mandie Rainwater, Assistant District Manager; Bill Bond and Mark Johnson from the Pond Watch and Two Residents. Attending remotely were Kubra Metin, Attorney; Kate John, Attorney; Frank Savage, Engineer; Melissa Gindling, Assistant District Manager; and a Resident.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
An Amended Agenda was presented.
Add 8Aiii: Drains on Lake 10 and Lake 5 Berm
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the Amended 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
Gonzalo Ayres, Engineer Doug Tarn, Field Manager Pepin, Chris Rodriguez from Newell Landscaping, Chair Krukowski and Assistant District Manager Mandie Rainwater met to discuss issues with irrigation, communication, and the condition of some of the lake banks:
The Engineers believe that too much dirt has been placed on the bank of Lake 5, and it should be removed, which will restore it to the proper grade.
Chair Krukowski asked about the dead sod around Lake 1, and if the HOA irrigation specialist should replace it, because it was not irrigated sufficiently. Attorney John stated that, if the District can communicate that the CDD employed their best effort to inform Newell that the sod needed extra irrigation, the District can reasonably ask for reimbursement.
On MOTION by Chair Krukowski, seconded by Supervisor Geltner, with all in favor, the Board approved Gonzalo Ayers to resod the dead areas around Lake 1, asking the HOA for reimbursement, not to exceed $2,000.
Engineer Savage stated he had also been asked about drainage for 12931 Seaside Key Court, and he is drafting an exhibit illustrating the topography of the area.
SIXTH ORDER OF BUSINESS District Counsel Items
Attorney Kate John updated the Board on the Legislative session. She stated that it was extended to June 30th, but it will primarily address the State budget. She stated that nothing of note has passed that relates to CDDs.
SEVENTH ORDER OF BUSINESS District Manager Items
A. Fiscal Year 2026 Proposed Budget
District Manager Teague stated that some changes were sent to staff, and they were incorporated into the Proposed Budget. The Board decided to accept the Proposed Budget as presented. The Board also decided not to increase assessments.
i. Resolution 2025-02: Approving Proposed Budget and Setting Public Hearing
On MOTION by Supervisor Geltner, seconded by Supervisor Kinnunen, with all in favor, the Board approved Resolution 2025-02, approving the Proposed Budget and setting the Public Hearing for August 21, 2025.
B. Review of Facilities and Maintenance Agreement
A chart was presented to the Board that included items for which the Board may consider assuming responsibility, and which the HOA currently controls. These items were derived from an HOA reserve study, and they include the preserves and the monuments.
Assistant District Manager Rainwater stated that, for over a year, the HOA has had the paperwork to sign ownership of the preserves over to the CDD, but they are waiting for the Voting Representatives to meet and make a decision. Ms. Terry Silva indicated that the Voting Reps have not met for some time, because the HOA is waiting for a full list of items, and they are now also waiting for the facilities maintenance agreement to be negotiated. The Board discussed the merits of the items presented for possible take over, including perimeter sidewalks. District Manager Teague noted that the Board would need either ownership or an easement, since CDD funds can only be spent on public property.
After discussion, the Board decided to start with a small meeting with the HOA, then a larger workshop, if necessary, to come to a consensus. Attorney John read an email with Attorney Eckert’s opinion on retaining or assuming ownership of items above and beyond the monuments and preserve areas, which included sidewalks and fences, maintenance of certain roadways, and landscaping. Also included in the negotiations are the facilities and maintenance agreement and the MOU for stormwater management. Supervisor Kinnunen reminded the Board that Attorney Eckert’s opinion does not preclude any additional items for which the Board may decide to assume responsibility. Supervisor Geltner stated that changes in ownership may also increase or change District insurance requirements. Chair Krukowski stated that he will not volunteer as Board representative for the negotiations, since he sits on both Boards, but Supervisor Van Horn and Supervisor Kinnunen volunteered.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved Supervisor Kinnunen as the representative of the Board in negotiations with the HOA, bringing recommendations arising from the negotiations to the Board for approval.
C. District Voter Count: 1,121
It is a yearly requirement to read the number of voters in the District into the Minutes.
EIGHTH ORDER OF BUSINESS Field Manager Items
Assistant District Manager Rainwater summarized the Field Report, because Field Manager Pepin was unavailable due to technical difficulties. The following was discussed:
A. Lake Bank Restoration Lakes 1, 6, 5, and 10 Update
Lakes 1, 6 & 10 all should be ready for sod this week. HOA vendor Newell has been conducting irrigation improvements around these lakes.
i. Lake 5 Washout
Pristine Lakes has provided a proposal to repair the blown-out corner by bringing in additional fill material and by installing 2 additional catch basins.
On MOTION by Supervisor Kinnunen, seconded by Chair Krukowski, with all in favor, the Board approved the installation of catch basins on Lake 5, not to exceed $2,200.
ii. Littoral Harvesting and Relocating
To help with erosion control, Pristine Lakes has thinned out some bullrush on Lake 8 and transplanted it to Lakes 6 and 10. Once these plants take root and begin to spread, the soil will become more secure.
iii. Drains on Lake 10 and Lake 5 Berm
A last minute proposal was presented for the Board’s consideration to add catch basins to Lake 10 to assist with washout mitigation and to construct a berm on Lake 5. The vendor had indicated that the berm may not be necessary, but the Engineers had suggested it. Supervisor Geltner believes, if the Engineer recommended it, then the vendor should follow their recommendation. Supervisor Kinnunen would like to approve only the known needed work of adding the catch basins to Lake 10. He is not in favor of approving possible work.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with 4 in favor, and Supervisor Kinnunen opposed, the Board approved adding 2 catch basins to Lake 10 to assist with washout mitigation and constructing a berm on Lake 5, not to exceed $5,250.
B. Lake 3 Washout
This washout was repaired by the vendor.
C. Lake 4 Washout
This washout occurred on April 4th or 5th due to an irrigation line break. Newell corrected the irrigation issue, but did not correct the washout. The Board would like staff to send this proposal to the HOA.
On MOTION by Supervisor Van Horn, seconded by Supervisor Geltner, with all in favor, the Board approved paying the invoice for an irrigation line break, sending it to the HOA for reimbursement, not to exceed $600.
NINTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
Supervisor Krukowski pulled the Pond Watch report.
Supervisor Geltner pulled the Aerator/Fountain log.
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 item 9Diii Pond Watch Report, and item 9Dvii. Aerator/Fountain Log.
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 April 17, 2025
ii. Monthly Financial Summary for April 2025
iii. Report on Pond Watch
Chair Krukowski introduced Bill Bond and Mark Johnson from the Pond Watch committee. They presented a pilot plan to the Board for consideration which would be maintained and funded by the Pond Watch group. This involves harvesting 72 clams from the Caloosahatchee River and placing them into 3′ by 3′ mesh bags which will keep them contained, and then installing the bags into Lake 13. The clams are expected to naturally filter the water and reduce nitrogen levels. Dr. Ernesto’s volunteers will periodically check on the clams, and findings will be reported. The program requires stopping all copper sulfate use in Lake 13.
District Manager Teague stated that their aquatic maintenance company uses copper sulfate to control weeds. Ms. Silva asked about the lake connections, and if copper sulfate would cease in other lakes. The Pond Watch representatives suggested it might need to be adjusted in the closest lakes. Supervisor Kinnunen asked about the clams clogging up the storm drains or the aerators. Mr. Bond stated they are contained in the mesh bag and will be contained. He also mentioned that the clarity of the water may be so clear that the underwater vegetation may grow. Staff was directed to inform the lake vendor, Aquatic Weed, to stop using copper sulfate in Lake 13, and possibly in Lakes 14 and 12.
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor, the Board approved Dr. Ernesto and Pond Watch to begin a lake water quality pilot program which includes installing clams in Lake L-13.
iv. Maintenance Reports from Aquatic Weed Control
v. Action List
vi. Field Services Report
vii. Aerator/Fountain Log
Supervisor Geltner stated that a representative from the neighborhood committee had sent him an email inquiring about the lack of fountains in Central. Vice Chair Jenner also received the email. They requested the District to install six fountains in the lakes in that area. The Board reiterrated that they will not be installing any additional fountains.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved item 9Diii Pond Watch Report and item 9Dvii. Aerator/Fountain Log.
TENTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
i. Dead Littoral Cleanup Update
Pristine Lakes submitted a proposal to clean up the dead littorals and shorelines before the rainy season begins. They were also asked to remove a fallen tree from the perimeter fencing. This was previously approved by Chair Krukowski.
On MOTION by Supervisor Van Horn, seconded by Supervisor Kinnunen, with all in favor, the Board ratified the proposal to clean up the dead littorals and shorelines, not to exceed $2,100.
B. Maintenance and Repairs
i. Structural Engineers Inspection of Faux Bridge Report
The Engineer’s report on the faux bridge was received and presented. The report highlighted a few repairs that are needed.
ii. Faux Bridge Cleaning and Painting Update
Mora Contracting has been onsite for two weeks and has completed all of the painting and authorized repairs.
a. Additional Repair Proposal
Mora Contracting submitted a proposal for repairs, including the South entrance railing and pocket, the North entrance railing and pocket, as well as three maintenance items. The South entrance pocket and railing were considered safety issues. Supervisor Krukowski approved those repairs at $3,242.35.
On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with all in favor, the Board ratified the proposal to repair the South entrance pocket and railing, excluding the repair of the North entrance railing and pocket and 3 maintenance items, not to exceed $3,242.35.
iii. Monument Landscaping Lighting Repair Update
a. Additional Repair Proposal
AAAction Electrical submitted a proposal for additional work. Supervisor Krukowski questioned some of the proposed work and would like the vendor to clarify what exactly is needed, and possibly provide photos. This item was tabled until the vendor can supply more information.
iv. Hurricane Pre-Authorization Forms
As in previous years, the Board was presented with hurricane pre-authorization forms. This is an agreement that allows cleanup as soon as possible after a named storm. Supervisor Geltner raised questions about signing a blank check for post storm cleanup. He would prefer to see the items specified for the community versus a more generic list. Chair Krukowski reminded the Board that they have signed these documents annually before hurricane season.
On MOTION by Supervisor Kinnunen, seconded by Supervisor Van Horn, with 4 in favor, and Supervisor Geltner opposed, the Board approved the pre-authorization forms allowing cleanup by Community Field Services and Pristine Lakes and Wetlands after a named storm.
v. Concerns About 13231 Seaside Harbour
A resident sent photographs to the CDD staff and the HOA staff of the pool construction site of 13231 Seaside Harbour. Staff indicated they had written a letter previously, and have now sent a certified letter about the impact to the swale. Supervisor Kinnunen stated there had been trucks at the residence earlier in the week, and there were workers onsite completing tasks. The Board questioned if it is prudent to bring in code enforcement.
On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with all in favor, the Board approved Chair Krukowski’s inspection of the property at 13231 Seaside Harbour, working with staff to determine if the impact to the swale from pool construction should be sent to code enforcement.
ELEVENTH ORDER OF BUSINESS Supervisors’ Items
Supervisor Kinnunen would like the CDD to obtain proposals for correcting the drainage of the faux bridge.
Vice Chair Jenner wondered who is responsibe for painting the gazebo. It is believed to be an HOA responsibility.
There was also discussion about repairing cracks in a sidewalk.
On MOTION by Chair Krukowski, seconded by Vice Chair Jenner, with all in favor, the Board approved the cancellation of the July meeting.
TWELFTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Resident Jay Sipp asked for a timeline for the conclusion of the lake project. Staff will send him a follow up email explaining the status.