Draft Meeting Minutes for March 20, 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, March 20, 2025 at 1 p.m.
Present and constituting a quorum were:
William Krukowski – Chair
Chris Jenner – Vice Chair
Melody Van Horn – Assistant Secretary
Attending remotely:
Clifford Kinnunen, Jr. – Assistant Secretary
Supervisor Geltner – Assistant Secretary
Also present were:
Cal Teague – District Manager, Premier District Management (PDM)
Mandie Rainwater – Assistant District Manager, PDM
Residents
Attending remotely:
Mike Eckert – Attorney, Kutak Rock, LLP
Kubra Metin – 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 the roll was called. Three Board members were present, and Supervisor Kinnunen and Supervisor Geltner attended remotely. Also in attendance were Cal Teague, the District Manager; Mandie Rainwater, Assistant District Manager; and some Residents. Attending remotely were Mike Eckert, the Attorney; and Kubra Metin, Attorney.
District Manager Teague asked Attorney Eckert if a motion was necessary to allow Supervisors’ attendance online. Attorney Eckert stated that it was not necessary, but there is no issue if there is a motion.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved Supervisors Kinnunen and Geltner’s attendance remotely.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Chair Krukowski stated that he would like Item 10Biv removed, but Supevisor Kinnunen asked a question about the subject matter, and it was decided that 10Biv will remain on the Agenda.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the Agenda, as presented.
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
District Manager Teague stated that Engineer Savage completed his inspection, and Gonzalo will remediate Lakes 1, 6, and 10 as directed, and complete the repair of Lake 10. Assistant District Manager Rainwater spoke with the vendor, who indicated irrigation is causing some of the washouts on Lake 5. It had been repaired three times and another repair may be needed. There will be an onsite meeting, including Assistant District Manager Rainwater, Field Manager Pepin, Engineer Savage, Pristine Lakes, Chair Krukowski, and the irrigation company, if needed, to inspect the area and develop a better plan for remediation.
B. BMAP Program Updates / Projects
This item was tabled.
SIXTH ORDER OF BUSINESS District Counsel Items
Attorney Eckert stated that the insurance company’s counsel will defend the claim against the District, and if anyone should have any questions or concerns about this case, please call him directly.
He also presented an overview of the legislation under consideration that might be of note. This includes allowing Districts to advertise on the website only, and no longer in the newspaper. Other legislation includes rescinding the Goals and Objectives legislation adopted last year, and eliminating the office of Lt. Governor and replacing it with a Commissioner of Government Efficiency to report and investigate fraud, waste, and abuse at all levels of government, including special districts. Other bills are a requirement for an annual inspection of the stormwater system, adding a violation for those falsifying military service to the code of ethics, and properly displaying the American flag. An additional bill that would affect the District is increasing the cap for sovereign immunity, which would raise insurance rates.
Chair Krukowski asked about a bill affecting homeowners, which would require repair of a neighbor’s property from falling trees. Attorney Eckert stated he would investigate and report to the Board.
SEVENTH ORDER OF BUSINESS District Manager Items
A. Fiscal Year 2026 Budget Discussion: Project Ideas/Goals
District Manager Teague stated that the Draft Budget will be forwarded to the Board when it is complete. A Tentative Budget will be approved in the May meeting, and a Pubic Budget Hearing will be scheduled. The Board was asked to please have ideas for CDD projects and goals to staff by March 28th.
B. Nostramo Aerator Claim Update
The District’s insurance company has assigned counsel, and they are handling this claim, as was discussed above.
C. Review of Facilities and Maintenance Agreement
The agreement was included in the packet. District Manager Teague reviewed items that were included and those not included, which need to be evaluated. He suggested a meeting between Attorney Eckert, Chair Krukowski, staff and possibly Sean from the HOA to discuss the agreement.
Chair Krukowski was also concerned about the exchange of funds between the HOA and the CDD, and what will be most advantageous. Vice Chair Jenner agreed that this needs to be discussed.
Supervisor Kinnunen wondered about the responsiblities for each entity, and stated that the roles should be clearly defined. He also noted the repairs that are needed on some sidewalks. He stated that he is a member of the engineering committee of the HOA, and the HOA is considering whether the County could maintain the sidewalks on behalf of the HOA. He also asked if the CDD could take responsibility. Attorney Eckert stated that, if the sidewalks do not belong to the CDD, then the Board should not consider it.
There was discussion about the rules governing public and private property. Supervisor Kinnunen suggested a workshop to discuss this further. Staff will review the division of community assets and ask the Board to forward requests and suggestions to staff.
On MOTION by Supervisor Kinnunen, seconded by Chair Krukowski, with all in favor, the Board approved scheduling a workshop after staff has reviewed the division of community assets.
EIGHTH ORDER OF BUSINESS Field Manager Items
A. Lake Bank Restoration Lakes 1,6,5,10 Update
This was discussed during the Engineer’s report above.
NINTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
Supervisor Kinnunen asked to pull Item 9Div, however, the Field Manager Pepin was not in attendance, and therefore, could not discuss the Field Report. Supervisor Kinnunen withdrew his request to pull.
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 4 in favor, and Supervisor Kinnunen opposed, the Board approved all items on the Consent Agenda.
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 February 20, 2025
ii. Monthly Financial Summary for February
iii. Report on Pond Watch
iv. 2024 Annual Pond Report
v. Maintenance Reports from Aquatic Weed Control
v.i Action List
vii. Field Services Report
viii. Aerator/Fountain Log
TENTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
B. Maintenance and Repairs
i. Structural Engineers Proposals for Faux Bridge
There were two proposals submitted. The estimate from Arcos Bridge was $4,500. LCM Engineering provided an estimate of $3,750. The Board reviewed the provided proposals and believed that Arcos will provide a thorough study. HOA President Shawn Meade told Assistant District Manager Rainwater that the HOA will split the cost with the CDD.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved Arcos Bridge to perform a structural analysis of the faux bridge, with the HOA paying half of the cost, not to exceed $4,500.
ii. Faux Bridge Cleaning and Painting Update
This project is on hold until the bridge can be reviewed by a structural engineer.
iii. Fence Installation Update
This project is complete.
iv. Monument Landscaping Lighting Upgrade Proposal
Field Manager Pepin provided a proposal of $7,573.21 from West Coast Electrical. This was tabled until Field Manager Pepin can attend the meeting.
ELEVENTH ORDER OF BUSINESS Supervisors’ Items
Supervisor Kinnunen commented that the Pond Watch should be expanded to other areas, because he believes the salinity and phosphorous reports indicate high levels of nutrients. Chair Krukowski is a member of the Pond Watch. He stated that, although the readings seem high, they are within acceptable levels, but he agrees that it might be advantageous to expand the testing. He stated that Field Manager Pepin will discuss the results from the Pond Watch reports when he can attend the meeting.
Chair Krukowski believes that the Board should not be compensated, if workshops are held. Some Board members agreed, but District Manager Teague stated it is an individual choice.
TWELFTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
Resident Pete Wachter stated that Xfinifty hit a water line near Lake 11, which may have caused a washout. He also inquired about the monument caps and why some were not replaced. Chair Krukowski stated that some were replaced and some were salvageable and reused. Additionally, he asked about the responsibility for the sidewalks.