Meeting Minutes for December 18, 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, December 18, 2025 at 1 p.m.
Present and constituting a quorum were:
William Krukowski – Chair
Robert Geltner – Assistant Secretary
Melody Van Horn – Assistant Secretary
Clifford Kinnunen, Jr. – Assistant Secretary
Supervisors arriving later:
Chris Jenner – Vice Chair, arrived at 1:29 p.m.
Also present were:
Cal Teague – District Manager, Premier District Management (PDM)
Mandie Rainwater – District Manager, (PDM)
Frank Savage – Engineer, Barraco and Associates
Attending remotely:
Melissa Gindling – Assistant District Manager, PDM
Michael Eckert – Attorney, Kutak Rock, LLP
Chris Pepin – Field Service Manager
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. In attendance were Chair Krukowski, Assistant Secretary Geltner, Assistant Secretary Van Horn and Assistant Secretary Kinnunen. Vice Chair Jenner arrived at 1:29 p.m. A quorum was established.
Also in attendance were District Manager Teague, District Manager Rainwater and Engineer Frank Savage. Attending remotely were Assistant District Manager Gindling, District’s Attorney Eckert and Field Service Manager Pepin.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
The Agenda was approved with amendment 10Biii – a proposal from Action Electric on the monument lights.
On MOTION by Supervisor Van Horn, seconded by Supervisor Geltner, 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. Proposal – Topography Map on Canal Side of Seaside Harbour
Mr. Savage provided background on the map and explained that the proposal was to evaluate drainage from catch basin to catch basin behind approximately ten homes. Supervisor Kinnunen stated that he would like to see the entire side of the street mapped. Mr. Savage acknowledged that he had misunderstood the original request and was glad he brought back the proposal.
The cost of the proposal is $2,500, to be funded from the Professional Services – Engineering Services budget, which currently has a remaining balance of $53,237. Supervisor Kinnunen requested that Frank provide a revised proposal covering the entire side of the street, noting that several neighboring properties experience similar pooling issues. Chair Krukowski tabled the discussion pending receipt of a new proposal from Barraco.
Mr. Savage also informed the Board that additional information had been provided for the RFP and that his firm is available to assist with the next steps in the process.
Mr. Savage also met with Field Service Manager Pepin regarding an isolated repair to the perimeter berm. A small portion of the berm had failed where it was slotted below the design elevation grade. FSM Pepin is currently handling the issue and the proposed repair appears reasonable.
Mr. Savage further updated the Board on BMAP requirements, noting that the BMAP portal is now open. He advised that multiple staff members in the office will be able to enter information into the database once an appropriate project is identified.
SIXTH ORDER OF BUSINESS District Counsel Items
A. District Counsel Items
Mr. Eckert presented a memorandum to assist the Board in understanding the differences in repair responsibility between the CDD, residents, and other parties. He explained that the memo was originally prepared in 2023 and establishes guidelines for determining responsibility under certain circumstances. Generally, the District is responsible for ordinary wear and tear and weather-related events affecting the stormwater management system. However, if a resident modifies the system, such as through pool installation or lot grading associated with construction, the District may seek reimbursement from the resident for related repairs.
Mr. Eckert also reported that there has been no movement regarding HFH communications. With respect to the Moody East matter, he stated that he made the changes requested by the Board to the agreement discussed at the prior meeting, including adding the HOA as a third-party beneficiary, and forwarded the revised agreement. There was also no update from the HOA on any communications.
Additionally, Supervisors were reminded to complete any remaining Ethics training hours as soon as possible.
SEVENTH ORDER OF BUSINESS District Manager Items
A. Update on Stormwater MOU and Maintenance Agreement with COA
District Manager Rainwater updated the Board that the Stormwater MOU and Maintenance Agreement with COA have been shared with HOA leadership. DM Rainwater noted that there has been little, if any, communication from the HOA to staff regarding these items.
B. Lake Bank RFP Update
DM Rainwater reported that the Lake Bank RFP was published on December 5, 2025. The question-and-answer period closes at noon on January 8, with proposals due by noon on January 9. The RFP link was included in the agenda packet, and packets were distributed to firms. A public meeting will be held at noon to open the proposals, and the Board requested that a meeting link be provided.
DM Rainwater reminded the Board not to communicate with firms or individuals observed inspecting the lakes, as all site visits should be scheduled independently and all questions must be directed through her to avoid influencing the selection process.
She also advised that a Board reorganization resolution will be presented at next month’s meeting to switch the Secretary and Assistant Secretary designations between DM Teague and DM Rainwater.
EIGHTH ORDER OF BUSINESS Field Manager Items
A. Lake Bank Restoration Lakes 1,6,5, and 10 Update
FSM Pepin provided an update on Lake 5, noting significant silt accumulation at the pipe outlet. Divers were unable to clear the material in a timely manner. Shenandoah submitted a revised proposal that includes the use of a long-reach excavator to remove the silt from the pipe outlet for an additional $10,000.
Chair Krukowski expressed concern regarding access for the equipment, as concrete work near the gazebo is scheduled in the coming days and there is concern about potential damage. The Board discussed abandoning or replacing the pipe; however, it was determined that doing so would be cost prohibitive.
FSM Pepin stated that alternative vendors could be suggested but noted his familiarity with Shenandoah based on prior work in another district. DM Rainwater added that continuing with the current vendor would help maintain project momentum, particularly with the rainy season approaching.
Vice Chair Jenner inquired about the funding source. The expense had been associated with lake repairs or storm pipes, and the Board agreed to charge it to Repairs and Maintenance – Stormwater System.
Discussion followed regarding the concrete work near the gazebo and whether to proceed as scheduled. The Chair directed staff to move forward with the project as planned. Mr. Eckert advised he could include language in the agreement addressing protection and repair of the concrete and lake access areas.
DM Rainwater reported that FSM Pepin and Gonzalo have again contacted the County to schedule inspections of Lakes 3 and 4 related to littoral plantings. While the inspection was expected to be scheduled, timing may be impacted by the holidays. All other lakes are 100% complete.
On MOTION by Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the Board approved the additional work from Shenandoah, with the cost of the project not to exceed $21,600.
NINTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
DM Rainwater asked to pull the minutes.
i. Public comment on balance items
There were none.
B. Motion to Approve Balance of Items
On MOTION by Chair Krukowski, seconded by Supervisor Kinnunen, 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 November20, 2025
DM Rainwater informed the Board that Mr. Eckert had made a number of revision requests and she had sent out the file where no changes were made.
- Line 29 – remove permitting use by
- Line 31- third party beneficiary
- Line 33 – additional
- Line 35 – change he to she
- line 36 – protocol vs application
- Line 95 – rescinding the approval of CHC
- line 114 – On motion by Chair Krukowski and seconded by Supervisor Van Horn the Board adjourned at 2:54pm
On MOTION by Supervisor Van Horn, seconded by Supervisor Kinnunen, with all in favor, the Board approved the Meeting Minutes from November 20, 2025 as amended.
ii. Monthly Financial Summary for October 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
TENTH ORDER OF BUSINESS Business Items
A. Lakes and Preserves
i. Aerator Update
FSM Pepin reported that air stations have been replaced on Lakes 12, 13, 15, and 20. Fountain Kings also provided an update on the aerators throughout the community and submitted a proposal to replace three air stations in Lake 8 at a cost of $1,483.44.
The Board discussed concerns that alligators may be damaging the aerators. FSM Pepin advised that alligators may only be removed if deemed a nuisance. Mr. Eckert noted that historically, alligators over four feet in length are generally presumed to be a nuisance and that destruction of property should be reported when contacting the wildlife hotline. FSM Pepin stated he would look into whether damage to equipment would qualify for removal. District Manager Teague reminded the Board that any trapped alligator would be euthanized.
Chair Krukowski agreed to monitor the situation and report any sightings of the alligator to FSM Pepin.
On MOTION by Supervisor Van Horn, seconded by Supervisor Kinnunen, with all in favor, the Board approved the proposal from Fountain Kings to replace 3 aerator stations in Lake 8 for a cost of $1,483.44.
B. Maintenance and Repairs
i. Concrete Repair at Gazebo/Sidewalk Update
DM Rainwater reported that Kelleher requested modifications to the contract, which were reviewed by staff and Mr. Eckert and returned to the vendor for approval. The contract includes provisions addressing concrete cracking and the use of epoxy, with assurances from the vendor that the epoxy is suitable for outdoor use and will be slip-resistant with the added aggregate. The total project cost is $11,960, and the contract was fully executed as of December 17. Kelleher is coordinating scheduling for the community, with a tentative start date of December 29. Chair Krukowski requested that the HOA be notified so residents may be advised.
ii. Stormwater Pipe Inspection Plan
FSM Pepin reported that the community has approximately 28,120 linear feet of stormwater pipe. The estimated cost to inspect the system using an ROV is approximately $2.00 per linear foot, for a total estimated cost of $56,240 to inspect the entire system. He presented options for completing the inspections in one year or phasing them over two or three years. Once direction is provided, a formal proposal will be prepared.
- Central: 13,308 LF = $26,616 (Perhaps Year 1)
- North: 7,455 LF = $14,910
- South: 7,357 LF = $14,714
- North & South Combined: 14,812 LF = $29,624 (Perhaps Year 2)
The Board discussed inspection frequency. FSM Pepin recommended completing an initial inspection to establish conditions, followed by a cleaning and maintenance schedule, with future inspections performed as needed, such as after major storm events. Funding would come from the Repairs and Maintenance – Stormwater System account, which has a current balance of $7,962, with the remaining cost to be funded from the General Fund.
On MOTION by Supervisor Geltner, seconded by Chair Krukowski, with all in favor, the Board approved to scope Central this Fiscal Year NTE $2 per linear foot and then North and South next FY (2027).
iii. Proposal – Aaaction Electrical Monument Light Replacement
FSM Pepin presented a quote in the amount of $564.66 from AAAction Electrical to replace a broken light at Monument A at the main entrance.
On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with all in favor, the Board approved Aaaction Electric to repair the lights at Monument A at the main entrance at a cost of $564.66.
ELEVENTH ORDER OF BUSINESS Supervisor’s Items
Supervisor Geltner expressed concerns about lake levels and inquired about control of the recharge wells, which are managed by the HOA. He also asked about “bathtub” rings around some lakes. FSM Pepin explained that some lakes have been restored with sod installed to the water’s edge, while others still require remediation, noting that each lake has a different control structure. It was discussed that maintaining healthy littoral plantings can help prevent erosion and reduce recurrence of the issue. FSM Pepin will communicate with the HOA regarding the wells.
Vice Chair Jenner apologized for being tardy.
TWELVETH ORDER OF BUSINESS Public Presentation of Matters by Citizens
There were none.