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Meeting Minutes for October 16, 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, October 16, 2025 at 1 p.m.

Present and constituting a quorum were:

William Krukowski – Chair
Melody Van Horn – Assistant Secretary
Clifford Kinnunen, Jr. – Assistant Secretary
Chris Jenner – Vice Chair, arrived at 1:07 p.m.

Supervisors attending remotely

Robert Geltner – Assistant Secretary

Also present were:

Cal Teague – District Manager, Premier District Management (PDM)
Mandie Rainwater – Assistant District Manager, PDM

Also attending remotely:

Michael Eckert – Attorney, Kutak Rock, LLP
Two Residents

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

Chair Krukowski called the meeting to order at 1:00 p.m., and ADM Rainwater called the roll. In attendance were Chair Krukowski, Assistant Secretary Van Horn and Assistant Secretary Kinnunen. Vice Chair Jenner arrived at 1:07 p.m. Assistant Secretary Geltner was attending remotely. A quorum was established.

Also in attendance were District Manager Teague, Assistant District Manager Rainwater, District’s Attorney Eckert and 2 residents attended remotely.

SECOND ORDER OF BUSINESS Pledge of Allegiance

THIRD ORDER OF BUSINESS Approval of the Agenda

The Agenda was amended to include 10Bi3, a last minute proposal from Pristine.

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

There were no Audience comments.  

FIFTH ORDER OF BUSINESS DIstrict Engineer Items

A. FY 2026 Lake Bank Reorganization Discussion: Lakes 15,16,17, and 19

i. RFP Draft

ADM Rainwater informed the Board that the draft has been circulated to both the attorney and the engineer for review. Baracco and Associates will be updating the linear footage for Lakes 15, 16, 17, and 19. Chair Krukowski inquired whether the preserve shoreline would be included in the updated measurements. ADM Rainwater confirmed that this had been discussed, and Baracco is expected to begin the new survey once lake levels recede.

Supervisor Geltner asked if the project timeline could be accelerated. ADM Rainwater explained that the Board’s feedback on the RFP is expected within a week. An additional week will be needed to incorporate that feedback and recirculate the revised draft. Following that, the project will be advertised for several weeks to allow for bid submissions. Once bids are received and opened, the information will be shared with the Board. If desired, interviews with bidders can be scheduled. The project will then proceed through the next phases: pre-construction meeting, resident notification, and the start of construction. If all goes according to plan, construction could begin as early as January or February.

On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the evaluation criteria in the RFP.

On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the advertisement of the RFP once the draft has been completed.

B. Drainage Behind 12931 Seaside Key Update

Mr. Savage was unable to attend the meeting therefore, no update was provided.

SIXTH ORDER OF BUSINESS District Counsel Items

A. Ethics Reminders

Mr. Eckert reported that he and his staff are still working on a few projects for the district, including the Moody East settlement agreement and the ARC process memo for review of applications and could impact the District.
Also, Mr. Eckert reminded the board that the ethics training has to be completed by December 31st.

SEVENTH ORDER OF BUSINESS District Manager Items

A. Update on Facilities and Maintenance Agreement

i. First Amended and Restated Memorandum of Understanding Regarding Stormwater Infrastructure Maintenance Revision 2

ii. First Amendment and Restated Facilities Maintenance Agreement Revision 2

ADM Rainwater reviewed the latest revisions of the two documents and addressed the notes provided. The comments on pages 3 and 4 of the Stormwater MOU were resolved.

Mr. Eckert addressed the comment on page 2, noting that the proposed addition is not straightforward. He advised that any discussion of hurricane preparation responsibilities should be approached jointly.

Supervisor Geltner raised a concern regarding drainage structures being covered with debris during Hurricane Ian and questioned whether this could have been prevented. It was noted that residents typically inspect their surroundings before a storm, and the Field Services Manager conducts regular inspections of the drains.

There was also discussion regarding responsibility for electricity to fountains and aerators. The Board was reminded that an agreement is in place for reimbursement to the HOA for electricity costs associated with fountains and aerators on shared meters.

The Board discussed a sentence in the Facilities Maintenance Agreement referencing membership in the Association and the District. It was agreed that this sentence would be revised.

Mr. Eckert agreed to review the insurance coverage amounts and provide updated figures if they differ from those currently listed.

Chair Krukowski inquired whether, if the gazebo is taken over by the CDD and the HOA is collecting funds, would the CDD receive those funds. Mr. Eckert confirmed that the CDD should receive them.

There was also discussion about the viewing platform on Lake 9, specifically whether it is CDD or HOA property. It was agreed that, like the gazebo, the platform, being located in the lake, should be considered CDD property.

Mr. Eckert raised a question regarding Exhibit Chart Item #5 in the Facilities Maintenance Agreement, which pertains to sidewalks located within the county right-of-way. Supervisor Kinnunen reported that the Engineering Committee has not received definitive feedback from the county but is still awaiting a response. It was decided to retain the line item for now.

On MOTION by Supervisor Geltner, seconded by Supervisor Kinnunen, with all in favor, the Board approved Mr. Eckert to make changes that were decided upon to the Facilities and Maintenance Agreement and the MOU and forward the updated versions to the HOA attorney for review.

B. FLGIS Proposal

ADM Rainwater reviewed the proposal originally presented earlier in the year, along with the company’s presentation from the previous meeting, and requested any additional feedback from the Board regarding the system. Chair requested that staff prepare and send a formal letter to the HOA seeking financial contributions. The Board discussed the HOA’s current contributions and efforts to restrict access. Following discussion, the Board agreed to proceed with the implementation of the software.

On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the proposal from FLGIS to create a GIS system for the community.

EIGHTH ORDER OF BUSINESS Field Manager Items

A. Lake Bank Restoration Lakes 1,6,5 and 10 Update

ADM Rainwater reported that the information was submitted to the County and they performed an on-site review of the lakes and certified Lakes 1, 6 and 10. Lake 5 is still waiting for Shenandoah to clean the storm pipe but ADM Rainwater reported that they have not performed the job as of yet. Lake 5 can not be certified until the pipe is fixed. Supervisor Van Horn asked if the vendor or any other vendor may be available to clean out the pipe since they have been waiting for quite a while. ADM Rainwater mentioned there are only a few vendors available for this type of work. DM Teague commented he may have another company as an option and will follow-up with the Board.

The County sent a follow-up report stating that the littoral counts on Lakes 3 and 4 were not correct and that the species were not diversified. Chris indicated that those issues should be corrected by the end of this week.

NINTH ORDER OF BUSINESS Consent Agenda

A. Items to be Pulled for Discussion by the Board

There were none.

i. Public comment on balance items

There were none.

B. Motion to Approve Balance of Items

On MOTION by Chair Krukowski , seconded by Supervisor Van Horn, with all in favor, the Board approved the remainder of the Consent Agenda items.

C. Consideration of items pulled for discussion

i. Public comment on balance of items

D. Consent Items

i. Meeting Minutes from August 21, 2025

ii. Monthly Financial Summary for August, September 2025

iii. Report on Pond Watch

iv. Maintenance Reports from Aquatic Weed Control

v. Action List Fiscal Year 2026

vi. Field Services Report

vii. Aerator/Fountain Log

TENTH ORDER OF BUSINESS Business Items

A. Lakes and Preserves

i. Lake 6 Sod Replacement Ratification

ADM Rainwater updated the Board that Newell’s contract for the sod replacement in Lake 6 for $4,350 was approved between meetings, therefore a ratification is needed for the proposal. Included in the contact is mandatory maintenance to ensure that the sod needs to be watered since the lack of irrigation was related to both deaths of the sod. Field Manager Pepin communicated earlier that the sod was replaced and the area looks good.

On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board ratified the proposal authorized by the Chair for $4,350.

ii. Aquatic Weed Annual Preserve Maintenance Contract Renewal

ADM Rainwater presented the annual renewal contract for the preserve maintenance which is $10,520 annually or $5,260 semi-annually. Supervisor Van Horn asked if the vendor would consider offering a 10% discount if the District paid the invoice in full upfront. ADM Rainwater said she would follow up with the vendor regarding the request. Mr. Eckert suggested to include a 30 day termination clause in the event that the contract is terminated, with a refund right, if paid in full.

On MOTION by Supervisor Kinnunen, seconded by Supervisor Van Horn, with all in favor, the Board approved contract renewal not to exceed $10,520.

iii. Aquatic Weed Annual Lake Maintenance Contract Renewal

ADM Rainwater presented the annual renewal of the lake maintenance contract for the Board’s approval. Supervisor Van Horn asked staff to check for the same possible discount.

On MOTION by Supervisor Kinnunen, seconded by Supervisor Van Horn, with all in favor, the Board approved contract renewal not to exceed $118, 948.

B. Maintenance and Repairs

i. Concrete Repair at Gazebo
1. Pristine Lakes Damage During Lake Bank Project/Proposal

ADM Rainwater reported that during the April restoration of Lake 5, it was observed that Pristine Lakes had damaged five concrete slabs adjacent to the gazebo. The HOA was contacted to identify their preferred vendor for the repair, and a quote of $4,000 was obtained. The quote was forwarded to Chris Pepin, who shared it with Pristine Lakes; however, the vendor declined the proposal, stating they could complete the work at a lower cost. The damage has not yet been repaired.

Chair Krukowski stated that Pristine is responsible for the five damaged panels, while Chris Pepin noted that he believed only three panels were affected. Pristine Lakes has now submitted a proposal to repair the 55-foot by 5-foot section of sidewalk at a total cost of $10,000, including a $2,000 allowance for the previously damaged slabs, resulting in a net proposal of $8,000. If the Board elects to use another vendor, Chris Pepin recommended that Pristine contribute 20% of the approved contract cost.

District Manager Teague informed the Board that Pristine Lakes agreed to provide a $2,000 credit toward any approved proposal, even if their current proposal is not accepted.

2. CHC Proposal

ADM Rainwater reported that there was another quote from CHC Concrete to repair the 55-foot by 5-foot section of the sidewalk in front of the gazebo at a cost of $4,995.

3. Kelleher Proposals (Additional Material)

ADM Rainwater reported that Kelleher renovations provided two quotes. The first quote is to repair the 55-foot by 5-foot section of the sidewalk at a cost of $6,110. This quote includes connecting the sidewalk to the gazebo.  The second quote from them is to level the gazebo floor. Two options are provided in that quote, one with epoxy finish at $5,850.00 and the second as a float mix only at $4,940.00.

ADM Rainwater reviewed the three quotes received to replace the sidewalk:

  1. $8,000 from Pristine
  2. $4,995 from CHC Concrete
  3. $6,110 from Kelleher

On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the contract for CHC Concrete to repair the sidewalk not to exceed $5,000.

Chair Krukowski discussed the ongoing issue of water pooling on the gazebo floor. Kelleher provided two repair options: one using a floating mix, which was among the engineer’s recommended methods, and another using an epoxy finish that includes a non-slip agent and can be decorative. ADM Rainwater noted that another company, Sun Deck had been contacted for a quote, but their representative had not yet responded.

Chair Krukowski suggested requesting a quote from CHC Concrete or another vendor for the epoxy option. Staff will coordinate with Mr. Pepin to explore available options; however, ADM Rainwater mentioned that Mr. Pepin had previously reached out to several vendors who declined to provide quotes.

Supervisor Van Horn had questioned how the $2,000 credit would be allocated. ADM Rainwater explained that the $2,000 is a service credit from Pristine. Pristine also provided a quote of $2,500 for vegetation cleanup. If the Board approves this proposal, the District would return it to Pristine with a revised amount of $500 to reflect the $2,000 credit.

ii. Stormwater Pipe Cleaning Update

ADM Rainwater informed the Board that due to Extreme Diver’s scheduling challenges, it is recommended that the Board consider terminating the contract with them. Chair Krukowski requested that ADM Rainwater work with Field Service Manager Pepin to ask Extreme Divers if they could possibly give a date to complete the work otherwise inform them the contract will be canceled. The Board concurred.

iii. Vegetation Removal Proposal

Chair Krukowski requested a proposal from Pristine for a quote to remove the overgrown and hanging trees over the sidewalk on Skyline as well as a dead tree near Randag Dr. that is close to the fence, he also mentioned there are three fallen palm trees at Lake 9. The quote from Pristine was at a cost of $2,500. The county pointed out there were some invasive plants from the lake bank and buffers at lakes 3 and 4. ADM Rainwater will follow-up with Field Service Manager Pepin, to see if the invasives had been removed yet.

On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the proposal for Pristine to remove vegetation not exceed $500.

C. HOA Request to Place Animal Waste Station on CDD Property Ratification

ADM Rainwater informed the Board that, between meetings, HOA President Shawn Meade requested permission to install a HOA funded animal waste station on CDD property at the entrance to Moody North and Palm Island. Supervisor Geltner inquired about potential legal concerns. Attorney Eckert responded that, while there is always some potential for liability on CDD property, he saw no reason to deny the request. Supervisor Geltner then asked why the station was being placed on CDD property, and ADM Rainwater explained that the opposite side of the road, where another station is located, is owned by the HOA.

On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with Supervisor Geltner voting no, and four in favor, the Board approved to allow the placement of the waste station.

ELEVENTH ORDER OF BUSINESS Supervisor’s Items

There were none.

TWELVETH ORDER OF BUSINESS Public Presentation of Matters by Citizens

There were none.

THIRTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor, the Board adjourned the meeting at 2:43 p.m.

The next Regular Meeting is scheduled for November 20, 2025 at 1:00 p.m.

Secretary/Assistant Secretary
Chair/Vice Chair