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 20, 2026 at 1 p.m.

Present and constituting a quorum were:

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

Also present were:

Mandie Rainwater- District Manager, Premier District Management (PDM)
Doug Tarn – Barraco and Associates
7 Residents

Attending remotely:

Matt Gindling – Assistant District Manager, PDM
Melissa Gindling – Compliance Manager, PDM
Mike Eckert – Attorney, Kutak Rock, LLP
Nostromo – Resident
Amber – Resident
6 callers

The following is a summary of the discussions and actions taken at the Moody River Estates Community Development District (CDD) Board of Supervisors regular meeting.

Chair Krukowski called the meeting to order at 1:00 p.m., and District Manager Mandie Rainwater called the roll. Present and constituting a quorum were Chair Krukowski, Vice Chair Kinnunen, Supervisors Van Horn, Jenner and Geltner. Also attending in person were District Manager Mandie Rainwater, Doug Tarn from Barraco, and 7 residents. Joining online were Assistant District Manager Matt Gindling, Compliance Manager Melissa Gindling, District Attorney Mike Eckert, resident Nostromo, Amber, and 6 other unidentified callers which were present throughout different parts of the meeting.

Vice Chair Kinnunen noted a discrepancy in the agenda’s bullet point numbering, and the Board approved the Agenda as amended, subject to correction of the numbering.

There were no Audience comments offered.  

A. Presentation of Proposed Budget

District Manager Rainwater provided an overview of the proposed FY 2027 budget, noting that it is balanced and includes new line items for the gazebo, faux bridge, and monuments, with funds set aside for those projects as requested. She reminded the Board that an earlier approved increase of $60 per household was used in developing the budget, which is expected to generate approximately $615,211 in FY2027 Operations and Maintenance revenue. The overall Operations and Maintenance budget increase of $45,000 was confirmed, and the budget was balanced based on the projected revenues and expenditures.

B. Public Comment

A resident asked whether the budget included reserves for future projects. District Manager Rainwater explained that excess revenues are reflected in the fund balance and that funds may be reallocated between budget line items as needed.

Another resident inquired about the number of lakes requiring restoration. Supervisor Geltner noted that numerous lakes require improvements over a seven-year period and that the anticipated work has been incorporated into the District’s budget planning.

C. Resolution 2026-06: Adoption of FY 2026-2027 Budget Appropriation

D. Advertisement Notice Affidavit

District Manager Rainwater reported that the Affidavit of Publication was included in the agenda packet, confirming that the public hearing notice had been published in accordance with statutory requirements.

The Board discussed whether published newspaper notices should also be posted on the District’s website and reached a consensus that the existing meeting notices and annual meeting schedule posted on the website provide sufficient public notification.

A. Presentation of Assessment Rates

District Manager Rainwater provided an overview of the proposed FY 2027 Operations and Maintenance assessments, noting that the annual assessment would increase from $723.88 to $783.88 per unit. She also noted a slight increase related to the East Parcel agreement and reviewed recent assessment adjustments. It was further noted that the District’s bonds are scheduled to be paid off in May 2036.

District Attorney Eckert advised that the District does not have a current signed agreement with Homefront Heroes and that only an older agreement is in effect.

B. Public Comment

Supervisor Geltner advised residents that their non-ad valorem assessment amounts can be found on their annual tax bills and discussed options for paying off bond debt early.

Chair Krukowski noted that property owners interested in paying off their bond debt would need to request an estoppel letter to obtain the exact payoff amount.

District Manager Rainwater encouraged residents to review the assessment information available on the District’s website and reminded the Board and residents that Operations and Maintenance assessments will remain in place as long as the District exists.

C. Resolution 2026-07: Approving the FY 2026-2027 Assessment Levy

A. Update – Lake Bank Violation

District Engineer Tarn reported that the County had no concerns with the restoration work completed to date but required documentation verifying required tree and littoral plantings. He explained that staff was seeking clarification regarding ongoing compliance issues associated with Lakes 3 and 5, including concerns about tree counts at Lake 5. District Manager Rainwater noted that the County had combined older compliance matters involving Lakes 3 and 5 with recently completed restoration projects during a single inspection, and staff was working to clarify those requirements. Engineer Tarn indicated the issues were expected to be resolved once the requested documentation was provided.

The Board discussed the ongoing impact of Muscovy ducks on littoral plantings. Supervisor Van Horn expressed concern that approximately 75% of the new littoral plantings at Lake 3 could be lost due to duck activity. Engineer Tarn explained that County requirements generally call for one littoral plant per linear foot of shoreline and noted that persistent duck activity can hinder successful establishment of vegetation.

The Board discussed potential nuisance wildlife mitigation measures, alternative plant species, and requested guidance from the County regarding compliance requirements for deep-lake trees and littoral plantings. District Manager Rainwater reported that staff had already explored potential solutions and requested proposals related to the duck issue.

District Manager Rainwater reported that staff has submitted all available documentation to the County in both electronic and hard-copy formats and continues to provide additional records as they become available.

District Attorney Eckert noted that staff also resubmitted the proposed order to both the County and the Hearing Officer as part of the latest documentation package. He stated that the District is awaiting feedback and suggested revisiting the matter at the next meeting, when additional clarity regarding the County’s position and any potential enforcement actions is expected.

i. Progress Update Letter

District Manager Rainwater reminded the Board that the purpose of the recent submission was to demonstrate the District’s ongoing efforts to address the County’s concerns and document progress toward compliance, rather than to achieve immediate resolution of the existing citations.

District Engineer Tarn recommended allowing Barraco to continue advocating on the District’s behalf and addressing the County’s requirements directly, and the Board concurred that further legal action or discussion with the County should be deferred pending additional information.

ii. Proposed Amended Lee County Hearing Examiner Order Finding Violation

District Manager Rainwater reported that staff submitted the Board’s requested revisions and supporting documentation to the County and Hearing Officer. The Board discussed whether the proposed amended order would provide sufficient protection to the District and reiterated the need for written confirmation from the County outlining the specific requirements for achieving compliance. District Manager Rainwater noted that obtaining that clarification is the purpose of District Attorney’s correspondence with the County. The Board requested that Barraco provide an update prior to the next meeting, and staff was directed to obtain a copy of the HOA approval letter for Lake 7 for the District’s records.

The Board also discussed the ARC review process. District Manager Rainwater explained that requests are reviewed by staff and the District Engineer, deposits are collected as required, and follow-up inspections are conducted to ensure no encroachments occur within District easements.

Doug Tarn left the meeting at 2:02 p.m.

District Attorney Eckert provided an overview of recent legislative updates, including the supervisor recall process that became effective July 1, 2026, and the requirement for districts to accept credit card and online payments beginning January 1, 2027. He also reported that proposed legislation to increase sovereign immunity limits, which could have resulted in higher insurance costs for the District, was approved by the Legislature but ultimately vetoed by the Governor.

A. Rules of Procedure Update

District Attorney Eckert explained that the rules and procedures are already in place. The updates he is proposing are for the incorporation of new legislation and updating best practices.

i. Rules of Procedures Document

District Attorney Eckert noted three main updates to the District’s rules.

1. Provide clarification when abstaining from voting is permitted, as previous wording was unclear.
2. Provide clear and easily accessible information for requests for quotes, requests for proposals and letters to vendors and for these to be posted on the District’s website.
3. Maintain consistency and lengthen the notice periods when the District adopts rules in accordance with Chapter 120.

Supervisor Geltner requested that staff distribute his proposed revisions to the Rules of Procedure document to the full Board for review.

District Manager Rainwater presented potential public hearing dates of October 15, 2026, and November 19, 2026, and following discussion, the Board selected November 19, 2026, for the Rules of Procedure public hearing.

Chair Krukowski inquired about the frequency of reviewing the Rules of Procedure, and District Attorney Eckert explained that the document is reviewed annually by his office but is typically readopted every other year unless legislative or other significant changes necessitate earlier action.

ii. Resolution 2026-08: Set Hearing Date

Staff will coordinate the required public notice and website updates for the November 19, 2026 Rules of Procedure Public Hearing.

A. Update On Stormwater MOU and Maintenance Agreement With COA

District Manager Rainwater stated that there has not been any further action taken by the HOA to discuss this topic.

B. Resolution 2026-09: Approve FY 2026-2027 Meeting Dates

District Manager Rainwater notified the Board that Field Manager Pepin is currently waiting on a proposal for the extended warranty on the most recently installed fountain from Fountain Kings.

A. July Field Inspection Report

District Manager Rainwater reviewed the field management report and highlighted several completed projects and ongoing maintenance items. She reported that the new fountain at Lake 15 had been installed, repairs to the fountain at Lake 10 had been completed, and cypress trees at the satellite pool had been uplifted with exotic vegetation removed to address maintenance concerns.

Vice Chair Kinnunen inquired about obtaining trail cameras to document nuisance bird activity, which has contributed to the loss of newly installed littoral plantings at Lakes 3 and 4. Staff was directed to obtain a proposal from Field Manager Pepin.

Chair Krukowski advised that the new “No Fishing” signs had been installed, and Vice Chair Kinnunen requested an update regarding the agave encroachment at Lake 18, with District Manager Rainwater confirming that a notice letter had been sent to the homeowner on July 3, 2026.

Chair Krukowski requested a proposal from Newell for the weeding, mulching, and re-staking of newly installed trees throughout the District.

Supervisor Van Horn noted that the Board will need to incorporate updated project information when evaluating future lake bank restoration priorities. She suggested that Lakes 2, 13, and 20 be considered for the next phase of restoration work and that additional improvements may be needed at previously restored Lakes 3, 5, 8, 10, and 12. District Manager Rainwater stated that staff would coordinate with the District Engineer to obtain updated cost estimates and project data to assist the Board in making those determinations.

The Board also discussed maintenance concerns regarding the condition of the monuments despite recent cleaning by the HOA. Supervisor Geltner suggested obtaining a proposal for 30 Second Mold & Mildew Stain Remover for spot treatment, and Vice Chair Kinnunen requested a proposal to trim the entire fence line along Randag Drive rather than a single section.

Chair Krukowski reiterated concerns regarding the performance of Aquatic Weed and stated that its services remained unsatisfactory.

B. Lake Bank Restoration Update: Lake 5

i. Ratification – Littorals Planting

ii. Ratification – Sod and Mulch

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

i. Ratification – Catch Basins

D. Lake Bank Restoration: Next Lakes Discussion

Chair Krukowski stressed the importance of receiving comprehensive project proposals from both the District Engineer and contractors. He requested that all future proposals include detailed maps identifying exact planting locations, clearly staked project areas, and all anticipated costs, including vegetation removal, drought-related impacts, sod replacement, and other potential project expenses, to allow the Board to make informed decisions before authorizing work.

i. Lake 20 Erosion

The Board discussed potential causes of the erosion and discoloration occurring at Lake 20, including the possibility that pool runoff from an adjacent property may be contributing to the issue. District Attorney Eckert cautioned the Board against making recommendations regarding the redirection of pool water until the District Engineer has evaluated the situation and provided guidance.

The Board directed staff to request a proposal from Barraco for repairing the washout areas at Lake 20 rather than performing a full lake bank restoration. During the discussion, Board members also expressed a desire for future restoration proposals to identify drainage improvements and stormwater infrastructure needs upfront so that necessary storm drains and related improvements can be incorporated into project planning rather than addressed later through change orders.

E. Lake Bank Restoration Project Cost Tracking

F. HOA Request for Approval to Install Landscaping

The Board discussed an HOA request to install landscaping around District infrastructure. Field Manager Pepin recommended that any landscaping plan identify the specific plant species and quantities proposed for each location.

District Attorney Eckert advised limiting further discussion due to ongoing litigation. Board members expressed concerns regarding plant selection, future maintenance responsibilities, visibility of the lakes, access to District equipment, and ensuring that plantings do not exceed one foot above adjacent equipment.

The Board directed staff to coordinate a meeting between George of Newell and Shawn of the HOA to develop a detailed landscaping plan identifying proposed plant species and locations. The Board also requested that the HOA submit an ARC application, ensure the contractor contacts 811 before excavation, and allow the District to inspect and approve the work upon completion.

The matter was tabled for further discussion at the next meeting.

G. Requests for Proposals: Lake and Preserve Maintenance Vendors

The Board agreed that all vendors submitting proposals for lake and preserve maintenance services should attend the October meeting in person to respond to Board questions and discuss their proposed scope of services. Staff was directed to notify the participating vendors of the Board’s request and to solicit additional vendors for consideration as directed by the Board.

This matter was tabled until the October meeting.

i. Mettauer Environmental, Inc. – Lake Maintenance

ii. Mettauer Environmental, Inc. – Preserve Maintenance

iii. Lake Vendor Comparison Chart

iv. Pond Guru Environmental, Inc. – Lake Maintenance

v. Premier Lakes – Lake Maintenance

vi. Preserve Vendor Comparison Chart

vii. Premier Lakes – Preserve Maintenance

viii. FLGIS – Stormwater Update

District Manager Rainwater noted that the ROV South is scheduled to begin in November 2026 and that Phase 2 of the GIS mapping system will begin in October 2026.

A. Items to be pulled for discussion by the Board

No items were pulled for discussion.

i. Public comment on balance of items

No comments were heard.

B. Motion to approve balance of items

C. Consideration of items pulled for discussion

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

D. Consent Items

i. Monthly Financials for May and June

ii. Monthly Financials for July

iii. Pond Watch June Reports

iv. Action List FY2026

v. Draft Meeting Minutes for June 18, 2026

A. Lakes and Preserves

i. Ratification – No Fishing Signage

B. Maintenance and Repairs

i. Ratification – Aerator Cabinet Repair

C. FY2026 Audit Process

District Manager Rainwater reviewed Fiscal Year 2026 audit engagement letter in the amount of $3,700 from Grau & Associates.

Vice Chair Kinnunen and Supervisor Geltner advised that they would be unable to attend the September meeting, although Supervisor Geltner indicated he may participate remotely if available. Supervisor Jenner also noted the possibility of arriving late. To help ensure a quorum, the Board directed staff to advertise the September meeting with a later start time than usual.

Resident Nostromo (online) inquired when Lake 7 will be completed, as they have dumped 60 bags of dirt into the back yard. She also asked when the aerator will be turned off.

Resident Kevin Spellman expressed concerns regarding trespassing and unauthorized fishing throughout the community, specifically identifying Lakes 11 and 14 as areas of concern. Additional concerns were raised regarding individuals accessing the community by bicycle and golf cart. District Attorney Eckert advised that he would prepare a resolution authorizing designated individuals to enforce trespassing restrictions.

The Board also directed staff to contact the community liaison with the Lee County Sheriff’s Office and invite them to attend a future meeting to discuss enforcement options.

The next Regular Meeting is scheduled for September 17, 2026 at 1:00 p.m.