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Copy Draft Meeting Minutes for June 19, 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, June 19, 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
Michael Eckert – Attorney, Kutak Rock, LLP
Frank Savage – Engineer, Barraco and Associates
Three Residents

Attending remotely:

Kubra Metin – Attorney, Kutak Rock, LLP
Rachel Wright – Engineer, Barraco and Associates
Melissa Gindling – Assistant District Manager, PDM
Three 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

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; Michael Eckert, Attorney; Frank Savage, Engineer; and three Residents. Attending remotely were Kubra Metin, Attorney; Rachel Wright, Engineer; Melissa Gindling, Assistant District Manager; and three Residents.

SECOND ORDER OF BUSINESS Pledge of Allegiance

THIRD ORDER OF BUSINESS Approval of the Agenda

An Amended Agenda was presented.

5B. Drainage Behind 12931 Seaside Key
7C. GIS Discussion

On MOTION by Supervisor Geltner, seconded by Supervisor Kinnunen, 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

Barraco and Associates are awaiting notification from the vendor that all trees and littorals have been planted along with sod laid so they may contact the County to have the lakes certified.

Lake 5 is continuing to have a washout in the same corner. Upon further inspection Mr. Savage believes there could be a storm drain line may be compromised contributing to the washouts. Chris Pepin was asked to have the line imaged for confirmation.

B. Drainage Behind 12931 Seaside Key

In response to a resident request, the Board asked Mr. Savage to investigate the drainage behind this home to see if the berm or swale is causing the resident’s drainage issues.

Mr. Savage had provided the topographical maps for the area dated 2022 that shows the swale and berm heights at that time. From that information the conveyance generally seems to be functioning as intended, but with the gaps in the maps and the age of the data the conclusions are limited.

Supervisor Geltner asked if the berm and swale were not the resident’s responsibility. Mr. Savage answered that ultimately they are the responsibility of the CDD. Mr. Eckert also said that if the berm or swale erodes over time, that is the CDD responsibility, but if a homeowner modifies they berm or swale, it should be their responsibility to remediate. The CDD responsibility is to the permitting agencies, the HOA documents make it a homeowner responsibility.

On MOTION by Supervisor Kinnunen, seconded by Chair Krukowski, with all in favor, the Board approved Barraco and Associates to update the topographical map for the area behind 12931 Seaside Key, not to exceed $1,500.

Mr. Savage left the meeting at 1:39pm.

SIXTH ORDER OF BUSINESS District Counsel Items

Mr. Eckert reminded the Board that their Form 1 documents should be filed online before the July 1st deadline. He will also circulate a new memo that includes new ethics training resources. That training is due completed by the end of the year.

Mr. Eckert also updated the Board on the legislative session and that nothing of significance to the operations of the CDD have passed, Also, Staff was given all of the necessary resolution documents for the budget hearing in August.

SEVENTH ORDER OF BUSINESS District Manager Items

A. Fiscal Year 2026 Proposed Budget

The submitted budget was included for any additional review/discussion.

B. Review of Facilities and Maintenance Agreement

Supervisor Kinnunen provided his report about the meeting held between himself, HOA President Shawn Meade, HOA Board Member Mary Anne Trimarco, and ADM Mandie Rainwater to discuss the current Facilities Maintenance Agreement, Exhibit A from the Stormwater MOU, and the Reserve Study . From that meeting there were some questions on ownership that the group wanted Mr. Eckert to provide an opinion about including the faux bridge, the monuments, fences and sidewalks.

A video conference meeting was held between Supervisor Kinnunen, Mr. Eckert, Ms. Trimarco, Ms. Kyla Thomson, Attorney for the HOA; and ADM Rainwater. Mr. Eckert said the monuments belong to the CDD because they were built with Bond money. Everything else should be maintained by the property owner. He would like to see the HOA sign over the preserves to the District, and fencing and sidewalk associated would become CDD responsibility. He believes that a new facilities agreement could be reached in 30-60 days.

Supervisor Kinnunen will work on a chart of responsibility to keep moving the negotiations forward.

C. GIS Discussion

The Board was presented with a proposal to have a GIS system created for the community that could easily help verify ownership and other features of the Moody River Estates Community digitally. Currently all maps and other data are static and must be manually updated and distributed.

Staff has contacted the HOA to see if they may be interested in contributing half of the cost for full access. They have not responded.

Supervisor Geltner asked if the vendor would be able to provide the Board with a presentation and demonstration of the product. Staff will arrange for the next meeting. Item is tabled.

EIGHTH ORDER OF BUSINESS Field Manager Items

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

ADM Rainwater reported that the additional catch basins were added to lakes 5 and 10. Sod was delivered and ready to be laid when irrigation issues were detected, Newell was made aware and they are now corrected. Sod should be laid by the end of the week. The trees are ready to be planted, but he vendor is experiencing personal shortages.

The vendor said he would be on site the remainder of the week to complete the items needed for certification and all the clean up completed.

NINTH ORDER OF BUSINESS Consent Agenda

A. Items to be Pulled for Discussion by the Board

None were pulled.

i. Public Comment on Balance of Items

B. Motion to Approve Balance of Items

On MOTION by Supervisor Kinnunen, seconded by Supervisor Van Horn, with all in favor, the Board approved all items on the Consent Agenda as presented.

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 May 15, 2025

ii. Monthly Financial Summary for May 2025

iii. Report on Pond Watch

iv. Maintenance Reports from Aquatic Weed Control

v. Action List

vi. Field Services Report

vii. Aerator/Fountain Log

TENTH ORDER OF BUSINESS Business Items

A. Lakes and Preserves

i. Dead Littoral Cleanup Update

Pristine Lakes reports that most lakes have been cleaned, but 5 still need attention. Crews will be on site the week of the 19th to complete the clean up, remove the dead branch on the fence line, and removing exotic vegetation from the rip rap at the faux bridge.

B. Maintenance and Repairs

i. Monument Landscaping Lighting Repair Update

1. Additional Repair Proposal

The vendor resubmitted a proposal for items the Board has responsibility for, such as GFI connections in the amount of $706.44.

On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the additional repairs proposed by AAAction Electical not to exceed $710.00.

ii. Concerns About 13231 Seaside Harbour

Staff was notified that the swale and berm behind this residence had been effectively removed by the contractor for the homeowner. Staff sent letters to the resident asking to have the area returned to its original construction as soon as possible. The berm and swale topography maps were sent to the home owner for his contractors review.

Supervisor Krukowski asked staff to consult with the HOA and see if the HOA could retain the deposit the homeowner made to the HOA for the project until the berm and swale are corrected. Staff will follow up.

iii. Stormwater Pipe Cleaning Proposal

Extreme Golf Course Underwater Solutions provided a proposal to clean out 1,413 liner feet of storm water pipes. Field Services Manager, Chris Pepin, recommends having a rotating schedule of inspection of the system to prevent the need for such a large clean up at one time.

Supervisor Van Horn asked if the Board should pre-approve an amount the Chair may be able to approve for any unforeseen repairs since there will be no July meeting.

The Board would like for Mr. Pepin to obtain a proposal for annual inspection or maintenance schedule.

On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved Extreme Golf Course Underwater Solutions to clean and remove the debris from 1,413 liner feet of storm drain not to exceed $45,977.00 and up to $10,000 additional allowance for unforeseen repairs to be approved by the Chair as needed.

iii. Aquatic Weed Proposal for Lakes 12,13, and 14 for Clam Trial

Pond watch installed clams into Lake 13 and notified the District that they would not be able to treat weeds with copper based products any longer. Aquatic Weed has provided a proposal for using peroxide based weed treatments that wont harm the clams for an additional $840 per month.

Supervisor Krukowski informed the Board that the copper treatments were stopped last month and suggested that the lakes be left untouched to see how the clams do. The proposal was not approved.

ELEVENTH ORDER OF BUSINESS Supervisors’ Items

Supervisor Jenner said it was nice to see the fountains running again. The only fountains not working are the ones currently under repair.

TWELFTH ORDER OF BUSINESS Public Presentation of Matters by Citizens

Resident Terry Silva said the HOA Board should not need to contribute to the GIS program since the data the HOA has provided may have reduced the price

THIRTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor, the meeting was adjourned at 2:51pm.

The next Regular Meeting and Public Budget Hearing is scheduled for August 21, 2025 at 1:00 p.m.

Secretary/Assistant Secretary
Chair/Vice Chair