Draft Meeting Minutes for November 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, November 20, 2025 at 1 p.m.
Present and constituting a quorum were:
William Krukowski – Chair
Melody Van Horn – Assistant Secretary
Clifford Kinnunen, Jr. – Assistant Secretary
Supervisors arriving later:
Chris Jenner – Vice Chair, arrived at 1:28 p.m.
Also present were:
Mandie Rainwater – District Manager, Premier District Management (PDM)
Melissa Gindling – Assistant District Manager, PDM
Frank Savage – Engineer, Barraco and Associates
Attending remotely:
Michael Eckert – Attorney, Kutak Rock, LLP
“Amber”
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 DM Rainwater called the roll. In attendance were Chair Krukowski, Assistant Secretary Van Horn and Assistant Secretary Kinnunen. Vice Chair Jenner arrived at 1:28 p.m. A quorum was established.
Also in attendance were District Manager Rainwater, Assistant District Manager Gindling, District’s Attorney Eckert and “Amber” attended remotely.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
The agenda was presented with amendments; 6B – Updated memo on COA, ARC, and CDD Guidelines and 10Biii – Pristine Lakes Vegetation removal.
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, 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. Drainage Behind 12931 Seaside Key Update
Mr. Savage provided background on the need for a topographical map, explaining that a resident had claimed water was not conveying properly and had installed a drain in violation of SFWMD permits. The map indicates that the swale overall is conveying water as intended. However, Mr. Savage recommended that the Board consider regrading the swale area behind 12871 Seaside Key.
Supervisor Van Horn inquired about a previous instance when the North Moody community had to pay for swale regrading and whether 12871 Seaside Key had been part of that group. Staff was asked to review the records.
Mr. Savage further discussed the District’s obligation to maintain the berm and swale for normal wear and tear, noting that residents are responsible for any damage they cause. Supervisor Van Horn requested Mr. Eckert’s opinion, and he concurred that the District is responsible only to the extent required by the permit. Mr. Eckert will provide a memo for the Board detailing the responsibilities of all parties involved.
On MOTION by Supervisor Kinnunen, seconded by Supervisor Van Horn, with all in favor, the Board approved for FSM Pepin to obtain quotes for the regrading the swale area behind 12871 Seaside Key.
SIXTH ORDER OF BUSINESS District Counsel Items
A. Update on HFH Agreement
Mr. Eckert provided an update on the Homefront for Heroes project on the Moody East property, noting that the project has completed rezoning and the ERUs have been adjusted. He explained that the boats parked on their property must be titled either to the single-family property owner or to a member of the Moody River Estates Community Association. Additional language has been added to also allow boats titled in the name of the State of Florida, local law enforcement and state universities.
Mr. Eckert reported that the project will include 46,000 square feet of commercial space, which equates to 30.67 Equivalent Residential Units using the standard calculation of dividing the commercial square footage by 1,500. He also confirmed that the developers have agreed to pay the HOA $10,000 per year for repairs and maintenance of the boat ramp.
In response to Vice Chair Jenner’s question regarding whether the $10,000 annual payment would continue indefinitely, Mr. Eckert suggested adding language specifying that the payment will be $10,000 per year for the first five years, with adjustments for inflation thereafter based on an appropriate CPI index. He further noted that the HOA may need to be a third party beneficiary to the agreement because it provides funds directly to the HOA.
There was no construction update at this time, only the zoning update.
On MOTION by Supervisor Kinnunen, seconded by Supervisor Van Horn, with all in favor, the Board approved for Mr. Eckert to provide changes to the other party and to allow the Chair or Vice Chair to sign so long as there are no additional substantial changes made.
B. Updated Memo on COA, ARC and CDD Guidelines
The memo was presented to the Board for consideration. DM Rainwater explained how the updated process will work using the most recent ARC application as an example. Mr. Eckert introduced a licensing agreement intended to give the District better control over storage and contractor use of CDD property. Supervisor Van Horn asked for clarification on the term “COA” in the document, and it was confirmed that it refers to the HOA. She recommended changing all references back to “HOA” for clarity and noted a misspelling on page 2. Mr. Eckert will make the revisions and provide the finalized document to Staff for distribution.
On MOTION by Supervisor Kinnunen, seconded by Supervisor Van Horn, with all in favor, the Board approved the protocol as amended.
Mr. Eckert also raised an additional item not on the agenda regarding open carry rules and regulations in the State of Florida. He provided a memo via email through Staff. The Board discussed options for how the HOA may address open carry within the community and how Supervisors should respond if a long gun is observed at a meeting.
SEVENTH ORDER OF BUSINESS District Manager Items
A. Resolution 2026-01 Adopting Goals and Objectives for FY2026
DM Rainwater presented a resolution to adopt the FY 2026 Goals and Objectives, noting they are unchanged from the prior year.
On MOTION by Supervisor Van Horn, seconded by Supervisor Kinnunen, with all in favor, the Board approved Resolution 2026-01 Adopting Goals and Objectives for FY2026 as presented.
B. FY2025 Annual Goals and Objectives Report
DM Rainwater presented the report of the FY2025 Goals and Objectives. The Board met it’s goals and objectives and the report will be placed on the website.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board accepted the FY2025 Annual Goals and Objectives Report as presented.
C. Update on Stormwater MOU and Maintenance Agreement with COA
DM Rainwater informed the Board that the requested changes had been sent to the HOA Board’s counsel. Supervisor Kinnunen reported that the voting representatives met but addressed only three or four of the required items and plan to meet again in January.
Supervisor Krukowski asked about the chart and whether the CDD is responsible for the lighting infrastructure. Supervisor Kinnunen stated his understanding that the CDD is responsible up to the point of divergence, while Mr. Eckert noted that the intent was for the CDD to handle only the monument lights. The Board agreed to leave the language as written.
It was noted that Line 5 of the chart still lists the responsible party for the sidewalks within the County right of way near Skyline and Randag as “unknown.” Mr. Eckert advised that the property owner is likely responsible but stated he will reach out to the HOA’s attorney, and the line item may be removed from the agreement.
D. Termination Letter Extreme Divers
DM Rainwater let the Board know the attempts that the staff had taken to notify Extreme Divers that their contract had been cancelled. She reported that a certified letter, email, and regular mail were sent; however, the certified letter was returned, and it is unclear whether the other communications were received.
FSM Pepin was also informed of the termination so he could identify an alternative provider or begin developing an inspection schedule for cleaning needs. Shenandoah has been on-site performing some pipe cleanouts, so work is continuing. The previously discussed $47,000 proposal from Extreme Divers was based solely on observations. FSM Pepin recommended reallocating those funds to establish an inspection schedule to determine actual cleaning needs. No inspection schedule has yet been prepared for Board review.
E. Lake Bank RFP Draft
DM Rainwater informed the Board that the planned publication timeline would be delayed. She had attempted to meet the accelerated request to publish this week, but the earliest publication date will likely be next week. She noted, however, that the remaining steps in the RFP process should still stay on schedule to allow a February start.
The new exhibits provided by Engineering will need to be added.
EIGHTH ORDER OF BUSINESS Field Manager Items
A. Lake Bank Restoration Lakes 1,6,5, and 10 Update
DM Rainwater provided Mr. Pepin’s update on Lakes 1, 6, and 10, as well as the continued issues in Lake 5. Gonzalo has completed all littoral plantings. Carol from the County visited and noted that Lake 4 has passed inspection, though she did observe trash and insect damage to the canna.
Regarding Lake 3, the County counted only 545 littorals, despite Gonzalo having planted approximately 3,000. The Board had approved 3,000 littorals each for Lakes 3 and 4, and there appears to be difficulty with the County’s counting process. FSM Pepin suggested that if additional littorals are needed, they could be harvested from Lakes 6, 7, and 8, which have strong littoral shelves. He also noted that some of the new plantings may be dying.
Vice Chair Jenner stated that someone had sprayed Lake 5 and that some littorals had died as a result. Supervisor Krukowski suggested that Aquatic Weed Control may have inadvertently sprayed along the banks during their monthly service. Vice Chair Jenner recommended determining exactly what chemicals are being used and the potential impacts on littorals.
FSM Pepin reported that the restoration projects are 100% complete; however, Lake 5 remains problematic. Shenandoah’s divers attempted to clear the blockage and, after six hours, were only able to make three feet of progress into the pipe due to the volume of material. Divers have stopped for now, and Shenandoah is working to bring in a truck with a long auger arm to access the pipe from the shoreline. Once the pipe is cleared, they will be able to determine whether it is broken or damaged. Any repairs to the washout area cannot proceed until the pipe is fully cleared.
Supervisor Kinnunen asked for an estimated time of arrival for the excavator style truck, but DM Rainwater did not have that information. FSM Pepin had hoped for an update before the meeting and noted that Shenandoah is attempting to keep the truck cost within the budget previously approved by the Board, with the goal of avoiding additional expenses. DM Rainwater has a video of the work being done which she will email to the Board.
Supervisor Kinnunen also requested that Mr. Pepin attend the next meeting, either in person or online.
NINTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
Vice Chair Jenner asked for the minutes to be pulled.
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 October 16, 2025
Vice Chair Jenner asked for Line 6 to be moved to the present portion of the attendance as he was late but was present and not online. DM Rainwater agreed that it would be moved.
On MOTION by Supervisor Van Horn, seconded by Supervisor Kinnunen, with all in favor, the Board approved the Meeting Minutes from October 16, 2025 as amended.
ii. Monthly Financial Summary for 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
vii. Arbitrage Report
TENTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
i. Proposal – Fountain Kings Aerator Repairs
DM Rainwater presented a proposal from Fountain Kings to replace 6 broken air stations, L12,13,15, and 20.
Supervisor Krukowski noted that Fountain Kings is switching to a different, higher-quality brand, and the new units include a five-year warranty, unlike the previous ones.
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor, the Board approved the proposal from Fountain Kings to replace 6 broken air stations, L12,13,15, and 20.
B. Maintenance and Repairs
i. Concrete Repair at Gazebo
DM Rainwater informed the Board that she has been unable to get CHC Concrete to sign their contract. FSM Pepin contacted several epoxy companies; The Coating Crew, Seaside Coatings, and Ascent Epoxy, but none responded.
FSM Pepin suggested that before repairing the floor, the District may want to try pressure washing, as the slick surface may be due to moisture and lack of cleaning. He noted the options are to repair the floor, have Kelleher install drainage components to reduce pooling, or pressure wash while continuing to look for a contractor.
DM Rainwater added that last month’s agenda inadvertently omitted the Board’s approval of CHC for the concrete walkway repair. CHC still has not signed the contract despite a month of outreach. Their bid was $5,000, with Gonzalo higher and Kelleher in the $6,000 range. CHC had also proposed connecting the new sidewalk to the gazebo floor.
The Board agreed to rescind the contract with CHC and offer the work to Kelleher.
On MOTION by Supervisor Kinnunen, seconded by Supervisor Van Horn, with all in favor, the Board approved rescinding the approval of CHC and awarding the sidewalk contract to Kelleher at an amount not to exceed $6,500.
1. Proposal – Kelleher Renovations
Supervisor Krukowski provided additional details on the epoxy process. DM Rainwater noted she had asked the vendor about anti-slip measures, and the vendor felt any slippage would be minimal. Supervisor Krukowski asked about color options; DM Rainwater said she had not yet received samples but would obtain them.
Supervisor Van Horn observed that CHC does not appear interested in the work and suggested awarding both projects to Kelleher and seeking a possible discount. DM Rainwater said she would follow up. Supervisor Krukowski asked whether Kelleher would pressure wash the entire floor, inside and out, and asked Vice Chair Jenner if the exterior area visible across the lake was dirty. Vice Chair Jenner confirmed it was. DM Rainwater said she would relay this to the vendor.
On MOTION by Supervisor Kinnunen, seconded by Supervisor Van Horn, with all in favor, the Board approved Kelleher to renovate the gazebo floor
2. Proposal – Triple Crown Pressure Washing
The Board did not wish to engage in this contract.
ii. Stormwater Pipe Cleaning Update
DM Rainwater reported that there was no new information at this time. FSM Pepin will notify Staff once the work is scheduled.
iii. Proposal – Pristine Lakes Vegetation Removal
DM Rainwater presented a proposal from Pristine Lakes for vegetation removal in several areas. The work includes removing exotics along Seaside Harbor, cutting back vegetation against the preserve fence on Turtle Cove, and trimming vegetation along the perimeter fence on Randoza Drive. The quote totals $4,300.
On MOTION by Supervisor Kinnunen, seconded by Chair Krukowski, with all in favor, the Board approved the proposal from Pristine Lakes for vegetation removal in an amount not to exceed $4,300.
ELEVENTH ORDER OF BUSINESS Supervisor’s Items
Supervisor Kinnunen asked if the engineer could provide a similar topography map for the Seaside Harbour side of the road in the North community (12131 side).
On MOTION by Supervisor Kinnunen, seconded by Chair Krukowski, with all in favor, the Board authorized Engineer, Barraco and Associates to create the topography map for the Seaside Harbour side.
Supervisor Krukowski inquired about attendance for the December meeting. No absences were noted, and the meeting will be held as scheduled.
TWELVETH ORDER OF BUSINESS Public Presentation of Matters by Citizens
There were none.