DRAFT of Meeting Minutes for August 21, 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, August 21, 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 – Assistant Secretary, arriving later
Also present were:
Mandie Rainwater – Assistant District Manager, PDM
Frank Savage – Engineer, Barraco and Associates
Felipe Lemus – FLGIS
Four Residents
Attending remotely:
Michael Eckert – Attorney, Kutak Rock, LLP
Melissa Gindling – Assistant District Manager, PDM
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 1:00pm. Roll was called. In attendance were Supervisors Krukowski, Van Horn and Kinnunen. Supervisor Jenner arrived at 1:22pm. Supervisor Geltner was absent. A quorum was established.
Also in attendance were Assistant District Manager, Mandie Rainwater; District Engineer, Frank Savage; guest presenter, Felipe Lemus FLGIS; and 4 residents. Online were District Attorney, Mike Eckert; Assistant District Manager, Melissa Gindling; and two residents.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
An Amended Agenda was presented.
The Agenda was amended to include 12Dviii – Fountain Kings Picture report, 13Ai – Littoral Planting.
Supervisor Krukowski would also like to move the guest speaker to item 8 and shift the rest down.
On MOTION by Supervisor Krukowski, seconded by Supervisor Kinnunen, with all in favor, the Board approved moving guest speaker Felipe Lemus up in the agenda to section 8.
On MOTION by Supervisor 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
Ms. Silva spoke about the Lake 7 transfer and is it not on the list. She also requested a map for the Voting Reps. Supervisor Krukowski let her know that we can get her a map. Mr. Eckert said that there was no change to the items, but would double check that Lake 7 is included.
FIFTH ORDER OF BUSINESS Fiscal Year 2026 Budget Public Hearing
On MOTION by Supervisor Van Horn, seconded by Supervisor Kinnunen, with all in favor, the Board opened the Fiscal Year 2026 Budget Public Hearing.
A. Presentation of Proposed Budget
ADM Rainwater reminded the Supervisors the District is projecting $570,140 in revenue and $570,140 in expenses, giving the Board a balanced budget. There is also a fund balance of $233,731. These figures align with the FY2025 budget, allowing the Board to not raise assessments. ADM Rainwater also informed the Board that they could re-allocate funds within the budget, but they can not raise the budget or the assessments. Supervisor Krukowski did let the Board and the residents know that the assessments have been left at their current levels for another year.
B. Public Comment
None.
On MOTION by Supervisor Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board closed the Fiscal Year 2026 Budget Public Hearing at 1:08pm.
C. Resolution 2025-03: Adopt FY 2025-2026 Budget Appropriation
On MOTION by Supervisor Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board adopted Resolution 2025-03 Fiscal Year 2025/2026 Budget Appropriation.
SIXTH ORDER OF BUSINESS Fiscal Year 2026 O&M Assessment Public Hearing
On MOTION by Supervisor Van Horn, seconded by Supervisor Kinnunen, with all in favor, the Board opened the Fiscal Year 2026 O&M Assessment Public Hearing at 1:10pm.
A. Presentation of Assessment Rates
ADM Rainwater reported the assessment rates have stayed the same as FY 2025. The actual assessment role will not be available until after the resolution is passed. At the current level the budget is balanced. The Board can lower these rates at this time but may not increase them. Lowering them will reduce the available budgeted funds. Supervisor Krukowski said that they are the same as last year and can be found on the CDD Website.
B. Public Comment
None.
On MOTION by Supervisor Van Horn, seconded by Supervisor Krukowski, with all in favor, the Board closed the Fiscal Year 2026 O&M Assessment Public Hearing at 1:11pm.
C. Resolution 2025-04: Approve FY 2025-2026 Assessment Levy
On MOTION by Supervisor Van Horn, seconded by Supervisor Kinnunen, with all in favor, the Board approved Resolution 2025-04: FY 2025-2026 Assessment Levy.
SEVENTH ORDER OF BUSINESS Fiscal Year 2026 Meeting Dates: Resolution 2025-05 Meeting Dates
ADM Rainwater provided a proposed calendar of meeting dates for the Board’s approval. At this time staff has secured the clubhouse meeting space set with these dates but can change if necessary.
On MOTION by Supervisor Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved Resolution 2025-05: FY 2025-2026 Meeting Dates.
EIGHTH ORDER OF BUSINESS District Engineer Items
A. Lee County Code Violations Update
Mr. Savage updated the Board on the progress of Lakes 1, 6, and 10. Mr. Pepin has more on that later in the agenda. ADM Rainwater let the Board know that the HOA has asked what lakes would be completed next. Mr. Savage said that when we spoke about this topic in late 2024 early 2025 there were a few reason to change the order of the lakes.
Supervisor Krukowski has suggested that Lakes 15,16,17,and 19 be considered for the next phase of remediation. Supervisor Kinnunen questioned why some of the more severe lakes are being skipped.
Supervisor Krukowski said there were a few reasons behind his suggestion. First there were rumors of road work being performed by the HOA, and that may be in the central area of the community. Second, to assist the contractor in staging all of the supplies closer to the work areas to reduce movement times.
Supervisor Krukowski asked staff to determine if the HOA will be resurfacing roads within the next FY. Mr. Savage has been asked to work with staff to develop an idea of what will be next. Supervisors have asked to discuss this again next month with more information.
B. Drainage Behind 12931 Seaside Key Update
A resident at 12931 Seaside Key believes the berm and swale does not convey water as it should. Barraco was authorized to create a new topographical map for that area, NTE $1500. Mr. Savage apologized to the Board for not having the exhibit created from the survey and should have it available for distribution shortly.
C. Updated Print Maps
ADM Rainwater had the most recent maps produced by Barraco printed and laminated for the Board.
NINTH ORDER OF BUSINESS District Counsel Items
A. Ethics Reminders
Mr. Eckert reported that his team vetted a new publication outlet, Business Observer, that will meet the requirements of the state and seems to be significantly less expensive for advertisements.
Mr. Eckert also reminded the Board of the various agreements they drafted since the last meeting, including the draft documents for 10A, which will be discussed later in the meeting.
Mr. Eckert further informed the Board that there is a motion to dismiss in the Nostromo case and should any Supervisors have questions, contact him directly.
Supervisor Krukowski asked Mr. Eckert the status of the Homefront for Heroes project. Mr. Eckert said their attorney had contacted him about the zoning being for less square footage, and the proposed agreement might need to be adjusted. He doesn’t think it will be a significant amount of money. The other party has not adjusted the amounts they have agreed to paid previously. Mr. Eckert believes the agreement may be ready for approval next meeting.
TENTH ORDER OF BUSINESS District Manager Items
A. Update on Facilities and Maintenance Agreement
ADM Rainwater updated the Board on the Facilities and Maintenance agreement that Supervisor Kinnunen is working on with the HOA.
The CDD and the HOA agree that there should be a new facilities maintenance agreement drawn up that accurately provides for ownership and responsibilities for maintenance. After discussions were held between the two parties’ representatives, it was requested that Mr. Eckert create drafts based on Supervisor Kinnunen’s recommendations.
Resident Terry Silva asked where lake 7 was within the suggested parcel transfers. Mr. Eckert indicated he would look for lake 7. Supervisor Van Horn asked about a map again. Staff indicated a map would be sent to HOA.
ADM Rainwater directed the Board to page 44, to highlight a change of responsibility to the Stormwater MOU. Mr. Eckert indicated there were a few more changes included in section 11 on page 42 making it clear that the document is replacing the previous Stormwater MOU, added language about the faux bridge, and not adding additional burdens on the HOA.
Supervisor Krukowski asked about the fencing attached to the faux bridge, Supervisor Kinnunen confirmed it is included in the faux bridge.
i. DRAFT – Memorandum on Transfer of Property
ii. DRAFT – First Amended and Restated MOU on Stormwater
iii. DRAFT – First Amended and Restated Facilities Maintenance Agreement
ADM Rainwater reported that the chart in the draft is new and the Board has the ability to suggest responsibilities they believe are missing.
ADM Rainwater also reminded the Board that the MRE Voting Reps are waiting for this grouping of documents to be worked out to move forward with scheduling a meeting. Supervisor Van Horn asked Mr. Eckert for his opinion on these drafts. He believes these versions are good and if the Board is in agreement with them they can be sent to the HOA and their attorney for consideration.
Supervisor Krukowski would like the monument lights and electricity removed from the exhibit in the First Amended And Restated CDD Facilities Maintenance Agreement. He doesn’t believe that the CDD owns the lights and that they are landscaping accents. Supervisor Kinnunen agrees that it is a valid opinion, but it is up for discussion with the HOA.
Mr. Eckert has a question on who takes care of the sidewalks on the county owned right of way. Supervisor Krukowski believes the county has not and will not be taking care of these sidewalks. Supervisor Kinnunen said that the engineering committee got similar feedback from the county. If the sidewalks are on Moody property they are Moody responsibility.
Supervisor Kinnunen asked if that might be referencing the ramps. Supervisor Van Horn asked if a vote was needed, ADM said no and asked if there any additional comments.
Supervisor Kinnunen said he is favor of the document as written. Supervisor Krukowski would like the HOA to be responsible for any electricity for the monuments and the CDD be responsible for the lights themselves. Supervisor Van Horn agrees that perhaps the HOA can stay responsible for the power.
Supervisor Van Horn asked Mr. Eckert how the funding for these items will happen moving forward. Mr. Eckert indicated that page 32 step 3 states that the HOA should transfer funds collected for items that the CDD own or are maintaining. If the HOA keeps these items in their reserves, they will need to transfer funds to the CDD as needed.
Since the Board has agreed, Mr. Eckert will update the drafts per the Board’s requests before sending it to the HOA attorney.
ELEVENTH ORDER OF BUSINESS Field Manager Items
A. Lake Bank Restoration Lakes 1,6,5 and 10 Update
Mr. Pepin reported the vendor has completed the lake bank restorations, and the County has signed off on the certificate of compliance. It was later discovered that not enough trees had been planted, but the county agreed to let the issue be fixed, which it was within a week.
The County is now indicating that some of the lakes do not have enough littoral coverage, this is discussed in 13Ai. A proposal for adding additional mulch per county is included for $1,500.
Supervisor Krukowski discussed that the original violations showed that mulch had to be placed around the trees and have littoral counts, and the contract entered into with the vendor indicated that the trees would be mulched, but the district was being presented with a separate bill to do this work. He indicated that the Board should get more precise quotes for the next round of lakes.
On MOTION by Supervisor Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved placing mulch around trees, planting littorals, and removing some additional vegetation.
TWELFTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
Supervisor Kinnunen would like to pull the action list.
B. Motion to Approve Balance of Items
On MOTION by Supervisor Van Horn, seconded by Supervisor Krukowski, with all in favor, the Board approved the remainder of the Consent Agenda items.
C. Consideration of Items Pulled for Discussion
i. Public Comment Taken on Each Pulled Item as it is Considered
None
D. Consent Items
i. Meeting Minutes from June 19, 2025
ii. Monthly Financial Summary for June, July 2025
iii. Report on Pond Watch
iv. Maintenance Reports from Aquatic Weed Control
v. Action List
Supervisor Kinnunen asked about the number of items on the action list. ADM Rainwater let him know that these are the actions from all of FY25 and continuing from any previous years. He requested staff to clean up the list before the end of the fiscal year.
On MOTION by Supervisor Krukowski, seconded by Supervisor Kinnunen, with all in favor, the Board approved the Action List.
vi. Field Services Report
vii. Aerator/Fountain Log
viii. Fountain King Service Photos
THIRTEENTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
Chris Pepin presented a proposal from Pristine Lakes for planting of littorals around lakes 3,4, and 12. The county has recently stated that the littorals need to be brought back up to required amount.
Supervisor Krukowski asked how the lakes made it through the certification process if all of these littorals were missing. In his notes, Chris Pepin indicated the littorals had been planted, but that many had died from drought and poor irrigation.
The proposal for installing littorals is more than the county is requiring.
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, with all in favor, to approve the planting proposal, not to exceed $10,000.
B. Maintenance and Repairs
i. 13231 Seaside Harbour Follow Up
ADM Rainwater reminded the Board that the resident had a pool construction project in progress, and it was observed that the contractor had piled dirt in the swale and when trying to remove extra dirt the yard was flattened out and the swale eliminated. The resident was contacted, and he claimed that there was never a swale, he was provided plans and requested the area fixed before the project was finished. The Board asked Staff to reach out to the HOA to inquire about holding the deposit until the repairs were made. The HOA agreed. The resident has now finished their project, and Mr. Savage indicate that for the most part the grading is sufficient, with the exception of at the lot lines. This was shared via the HOA with the resident.
Supervisor Krukowski asked if just the lot lines needed to be reshaped and Mr. Savage confirmed that was what he reported. Supervisor Krukowski asked if the resident had been informed, Staff forwarded the information from engineers to the CAM and was told the information would be sent to the resident. Staff was not informed of the return of the deposit.
Supervisor Van Horn believed the deposit should still be held until the lot lines were addressed. Staff will follow up with CAM to see if deposit was retuned. Supervisor Van Horn asked Mr. Eckert to weigh in. Mr. Eckert was not sure why the HOA would return the funds if the area is not fixed. Mr. Eckert suggests working with the HOA to come to an agreement to collect a deposit when the project is not built on CDD property, but they may use the CDD property to work on the job site, stage materials, and otherwise affect the stormwater system during construction. If the HOA agrees he can write a memorandum of understanding around that deposit collection and refunding. Supervisor Krukowski asked staff to follow up with the HOA.
ii. Stormwater Pipe Cleaning Update
a. Report on Lake 5
The stormwater pipe Frank Savage requested Chris Pepin have televised was televised and found to be 100% blocked. Due to Extreme Divers being backlogged, Mr. Pepin has located another company that can clean out this pipe for the Board.
Mr. Pepin explained Shenandoah has provided a worst-case scenario proposal without knowing exactly where the pipe end is located at (close to shore or further into the lake). This proposal includes a dive team. If the pipe end is close to the shoreline, they will be able to clean the pipe out with the divers and just the jet-vac truck, but if the pipe is 20 or 30 feet into the lake, they will need a dive team.
Once the cleaning has been completed, they will inspect the line via ROV to see if there are any issues with the structure or joints. If an issue is found, they will send over another proposal to complete the repair work. As presented, the proposal is for $11,580.00. The proposal may be reduced by $4,500 if a dive team is not needed.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the proposal from Shenandoah not to exceed $11,600.
FOURTEENTH ORDER OF BUSINESS Supervisor’s Items
Supervisor Krukowski reported that Dr. Ernesto has checked on the clams and only two had died. The rest seem to be doing good. There have been no reports of algae breakouts in the lake they are in. Chair Krukowski also reported that he had gotten some Gambusia fish from the county and added some to lakes 6,10, and 19. He informed the Board and the audience that they too could get a 5 gallon bucket of the fish to add to a lake. They are available from the Lee County Mosquito Control District.
Supervisor Jenner let the Board know he will be only available online in September.
Supervisor Kinnunen let the Board know he will not be in attendance at the September meeting.
Supervisor Krukowski said he may cancel the September meeting if attendance became an issue. Staff will determine as soon as possible.
FIFTEENTH ORDER OF BUSINESS Public Presentation of Matters by Citizens
There were none.