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Meeting Minutes for April 16, 2026

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, April 16, 2026 at 1 p.m.

Present and constituting a quorum were:

William Krukowski – Chair
Clifford Kinnunen, Jr. – Vice Chair
Robert Geltner – Assistant Secretary
Melody Van Horn – Assistant Secretary
Chris Jenner – Assistant Secretary

Also present were:

Mandie Rainwater- District Manager, Premier District Management (PDM)
Frank Savage – Barraco and Associates
Resident 1

Attending remotely:

Melissa Gindling – Assistant District Manager, PDM
Kate John – 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

Chair Krukowski called the meeting to order at 1:00 p.m., and District Manager Rainwater called the roll. Present and constituting a quorum were Chair Krukowski, Vice Chair Kinnunen, Supervisors Geltner, Van Horn and Jenner. Also in attendance were District Manager Rainwater, District Engineer Frank Savage and one resident. Attending remotely were Assistant District Manager Gindling, Attorney Kate John, and Attorney Kubra Metin.

SECOND ORDER OF BUSINESS Pledge of Allegiance

THIRD ORDER OF BUSINESS Approval of the Agenda

The Agenda was approved as amended, adding the highlighted portions.

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. Update – Lake Bank Violation

District Manager Rainwater reported that the permit for the vegetation removal, along with the requested drawings, was resubmitted by Barraco and Associates. Distract Manager Rainwater also confirmed the fine of $285 has been paid.

Per Board request, District Counsel Mr. Eckert prepared an addendum to the order sent to the District. Supervisor Geltner expressed concern that certain terms used in the order are ambiguous. He stated that the Hearing Examiner advised that, in order to be granted an extension, the respondent, Moody River Estates Community Development District, must provide written evidence demonstrating that it is actively in the process of contracting to complete the required work. Supervisor Geltner recommended adding specific language to the document to clearly identify the exact documentation required.

Supervisor Van Horn expressed similar concerns that the language related to the continuance was unclear. She advised that she had submitted suggested language revisions via email to the District Manager prior to the meeting.

Chair Krukowski requested that District Counsel revise the addendum to incorporate the language suggestions provided by Supervisor Van Horn, as well as the comments raised by Supervisor Geltner.

Mr. Savage reported that the Code Enforcement issue related to Lake 7 has been resolved, and recommended that Lake 7 be added back into the District’s lake bank plan. Barraco will submit an LDO extension to include the lake.

B. Topography Map – Recommendations

Mr. Savage reported that the berm is functioning as intended and identified three areas requiring regrading, which will be coordinated with the Field Manager Pepin.

Mr. Savage left the meeting at 1:46 p.m.

SIXTH ORDER OF BUSINESS District Counsel Items

A. District Counsel Items

Ms. Kate John provided updates on behalf of District Counsel Michael Eckert. She advised that Senate Bill 1180, relating to the recall of board members, has passed and is expected to be signed into law. She further reported that the sovereign immunity caps have been increased to $350,000 per person and $500,000 per incident, and that the statute of limitations has been reduced from four years to two years, resulting in a shortened window to address claims against district.

Ms. John also confirmed that Mr. Eckert approved the language revisions submitted via email and advised that she would forward any additional revision requests to him following the meeting. She further stated that she would inquire whether residents are required to submit complaints to District management or whether such complaints may be submitted directly to Supervisors.

SEVENTH ORDER OF BUSINESS District Manager Items

A. Update on Stormwater MOU and Maintenance Agreement with COA

District Manager Rainwater reported no updates.

B. Draft Proposed Budget FY 2027

District Manager Rainwater presented a draft budget for the Board’s review at the current assessment levels and advised that the February and March financials have not yet been incorporated into the budget actuals but will be added once available. She noted that the proposed adjustments align with Board‑requested projects, contractual adjustments, or anticipated expenditures, and that no changes to assessment rates were made. Budget adjustments may continue to be made through May 21.

District Manager Rainwater reported that Supervisor Geltner provided a list of budget accounts for further review and Staff will research the items identified and report back. District Manager Rainwater will provide an updated budget worksheet once all current financial data has been incorporated.

Supervisor Geltner also inquired about budgeting for a bathymetric survey if one from the community’s development cannot be located.

C. ARC Applications

i. Renfro – Follow Up

District Manager Rainwater reported that staff followed up with the HOA and that the Community Association Manager provided the engineer’s response to the resident. District Manager Rainwater advised that staff notified the resident of potential responsibility for future damage related to District infrastructure. She clarified that the District does not approve or deny ARC requests, but will evaluate potential encroachments and follow established procedures if District infrastructure is affected.

Supervisor Geltner inquired about District recourse should the resident proceed. It was noted that no action would occur unless an encroachment is determined, at which point legal remedies may be pursued.

D. Newsletter

District Manager Rainwater reported that the newsletter was included in the meeting packet. The Board discussed additional content to be added to the newsletter, including stormwater pipe information, drain cleaning and maintenance, preserve information, reminders prohibiting fishing in lakes and feeding wildlife, the number of outfalls and catch basins, and information regarding CDD elections. Staff will update the newsletter and circulate a revised version at the next meeting.

Supervisor Van Horn left the meeting at 2:30 p.m.

Supervisor Van Horn returned to the meeting at 2:32 p.m.

EIGHTH ORDER OF BUSINESS Field Manager Items

A. Lake Bank Restoration Update: Lake 5

District Manager Rainwater provided background on the proposals that are being presented to the Board for consideration. Shenandoah has been the vendor working on this project. Talon is currently the lake bank vendor and indicated that his company could perform this work as well. JJB South LLC was recommended by Atlantic Pipe Service, a company that management is working with in other communities.

Supervisor Geltner asked whether engineering review was required. Chair Krukowski stated that Barraco had previously reviewed the matter and recommended the proposed solution. The Board requested clarification from JJB South regarding its stabilization method, as rip‑rap was not included in its proposal, and inquired whether additional permitting would be required. Staff will follow up

i. Proposal – Shenandoah – Lake 5 Pipe Extension/ Manhole Cover Raising

This proposal is for $72,000 and the expectation is for work to be done at the same time.

ii. Proposal – Talon Construction – Lake 5 Pipe Extension/ Manhole Cover Raising

This proposal is for $63,495 and the expectation is for the work to be all done at the same time.

iii. Proposal – JJB South LLC – Lake 5 Pipe Extension/Manhole Cover Raising

This proposal is for $50,248.35 and the expectation is for the work to be done all at the same time.

On MOTION by Supervisor Van Horn, seconded by Chair Krukowski, with Supervisor Jenner voting in favor, and Vice Chair Kinnunen and Supervisor Geltner voting against, the Board authorized contract negotiations to begin with JJB South LLC, dependent on the stabilization method of the pipe extension. The motion passed.

B. Lake Bank Restoration Update: Lake 15,16,17,19

District Manager Rainwater informed the Board that Lake 15 and 19 have been sodded, Lake 17 is scheduled for completion the week of April 16, 2026, and Lake 16 will be the final lake graded before installation of trees, littorals, and inspections. The HOA has directed Newell Landscaping to coordinate irrigation with the CDD.

i. Talon Watering Proposal – Ratification

District Manager Rainwater advised that the Field Manager Pepin recommended hand watering the Bahia grass installed along the side of Lake 15 to prevent washout before establishment. She reported that the HOA held a special meeting and approved installation of irrigation in that area, though it has not yet been completed. Discussion followed regarding irrigation responsibility, which rests with the HOA.

On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with Supervisor Jenner voting in favor, and Vice Chair Kinnunen and Supervisor Geltner voting against, the Board ratified the hand watering proposal of Lake 15 at $2,925.00. The motion passed.

ii. Talon Change Order 2 – Sod – Ratification

District Manager Rainwater reported that, based on email from Barraco, additional sod was required to be installed to the water’s edge due to a drop in the lake’s water level after the Board approved the proposal.

On MOTION by Supervisor Geltner, seconded by Vice Chair Kinnunen, with all in favor, the Board ratified the Talon’s Change Order 2 for $3,600.

C. FLGIS – Stormwater Inspection Update

Inspections have been completed. Reports and GIS data should be completed by the week of April 24, 2026

D. Fountain Kings – Fountain and Aerator Report

Fountain Kings provided a report on the community’s fountains and aerators, with related proposals addressed later in the agenda.

NINTH ORDER OF BUSINESS Consent Agenda

A. Items to be Pulled for Discussion by the Board

Supervisor Geltner asked to pull the Pond Watch Annual Report.

i. Public comment on balance items

None were heard.

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 consent agenda items.

C. Consideration of items pulled for discussion

i. Public comment taken on each pulled item as it is considered

None were heard.

D. Consent Items

i. Meeting Minutes from March 2026

ii. Monthly Financials for January 2026

iii. Report on Pond Watch

1. Monthly Reports

2. Annual Report

Chair Krukowski reported that the annual Pond Watch report indicates overall lake health is good. He noted that phosphorus levels remain elevated due to fertilizer use and suggested that Newell consider using a more phosphorus‑conscious fertilizer. He further stated that the no‑mow zones appear to be beneficial and that improved results are anticipated next year.

On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with all in favor, the Annual Pond Watch report was accepted.

iv. Action List FY2026

v. Aerator/Fountain Log

vi. Field Services Report

TENTH ORDER OF BUSINESS Business Items

A. Lakes and Preserves

District Manager Rainwater noted that this item was discussed earlier in the meeting and had no additional updates to report.

B. Maintenance and Repairs

i. Proposals – Kelleher Gazebo Rust

District Manager Rainwater presented a proposal obtained by Field Manager Pepin from Kelleher to address rust developing on the gazebo. She advised that Kelleher inspected the structure and provided a proposal identifying five primary areas for repair, as well as additional issues noted in a separate proposal included in the attached email. It was discussed that the HOA may have performed rust treatments in prior years and that potential recourse with that vendor may exist. Staff will follow up with the HOA regarding prior repairs. This item was tabled.

ii. Inspection Request – 13081 Seaside Harbour

District Manager Rainwater reported that Field Manager Pepin conducted an inspection and recommended that engineering review the area. District Manager Rainwater advised that the condition was discussed with Carol Lis, who noted the presence of mangroves and indicated that, if engineering determines corrective action is required, additional discussion regarding permitting and associated work requirements would be necessary. District Manager Rainwater provided background on the inspection and advised that engineering review was recommended; Barraco has agreed.

Supervisor Van Horn requested that the lot be compared to surrounding properties and asked whether the matter falls under District responsibility or that of the individual homeowner. It was noted that engineering input is required to make that determination. This item was tabled pending Barraco’s opinion.

Supervisor Geltner stated that residential complaints should be directed to District management rather than to individual Supervisors.

iii. Proposal – Littoral Replacement

District Manager Rainwater reported that prior site visits identified Lake 3 as lacking the required plant diversity and quantity for compliance. While new growth has been observed, plant numbers and species may remain insufficient. She advised that Advanced Aquatics, during its inspection, suggested a soil test may be warranted. Pristine Lakes submitted a proposal to install 2,000 littorals across three lakes, while Advanced Aquatics proposed installing 2,000 littorals solely in Lake 3 and offered an 80% survivability guarantee with replanting as needed.

1.Pristine Lakes

  1. 2000 plants installed for $2,900 on Lakes 3, 4, and 12

2. Advanced Aquatics

  1. 2000 plants installed for $4,405.00 on Lake 3

On MOTION by Supervisor Geltner, seconded by Vice Chair Kinnunen, with all in favor, the Board approved Advanced Aquatic to install 2000 littorals on Lake 3 for $4,405.

iv. Proposal – Ficus Removal

District Manager Rainwater presented a proposal to remove three invasive Ficus trees. Supervisor Geltner questioned how mature invasive species are identified and why they are not addressed during routine vendor maintenance.

District Manager Rainwater noted that invasive species management is ongoing and that such plants will continue to appear over time. The Board requested that Field Manager Pepin determine responsibility for identifying invasive species.

On MOTION by Vice Chair Kinnunen, seconded by Supervisor Van Horn, the Board approved Pristine Lakes to remove the Ficus trees not to exceed $3,200. The vote was 4-1 with Supervisor Geltner voting nay.

v. Update – District Insurance

District Manager Rainwater reported that, at the prior meeting, staff was asked to research volunteer insurance for the District. She advised that Client Services Manager Chris Dudak contacted the District’s insurance provider, whose response indicated that the use of volunteers is highly discouraged. The correspondence also included information related to the pending changes to sovereign immunity caps.

vi. Ratification – Fountain Kings

Field Manager Pepin worked with Fountain Kings to complete a number of tasks between February and April.

On MOTION by Supervisor Geltner, seconded by Vice Chair Kinnunen, with all in favor, the Board ratified the Fountain Kings invoice for $3279.48.

vii. Proposal – Fountain Kings Aerator Repair

During Fountain King’s inspections they have identified that 4 lakes are in need of new aeration disks for $2,759.

On motion of Supervisor Van Horn, seconded by Supervisor Geltner, with all in favor, the Board approved the Fountain Kings proposal for aerator replacement not to exceed $2,759.

viii. Proposal – Fountain Kings Fountain Repair

The Lake 10 fountain was removed and returned to the manufacturer for evaluation, which resulted in a repair quote of $1,028.84.

On motion of Vice Chair Kinnunen, seconded by Supervisor Van Horn, with all in favor, the Board approved the Fountain King proposal to repair the fountain from lake 10 not to exceed $1028.84.

ix. Letter From Resident – 12791 Seaside Key Ct

District Manager Rainwater reported that a letter from a resident was received on April 15 and that staff is reviewing the matter to determine any CDD involvement. She advised that, while input is still being evaluated, it is believed the matter does not require a response from the District, as the CDD does not issue permits or enforce dock‑location ordinances, but only ensures District responsibilities are not encroached upon. If District Counsel Eckert determines a response is necessary, District Manager Rainwater will prepare a draft.

ELEVENTH ORDER OF BUSINESS Supervisor’s Items

Chair Krukowski stated that he would like to cancel an upcoming meeting and requested that the matter be discussed further at the next meeting.

Supervisor Geltner let management know he would be online for the next meeting.

TWELVETH ORDER OF BUSINESS Public Presentation of Matters by Citizens

None were heard.

THIRTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Supervisor Geltner, seconded by Vice Chair Kinnunen, with all in favor, the Board adjourned the meeting at 3:39 p.m.

The next Regular Meeting is scheduled for May 21, 2026 at 1:00 p.m.

Secretary/Assistant Secretary
Chair/Vice Chair