Meeting Minutes for March 19, 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, March 19, 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
Supervisors arriving later:
Chris Jenner – Assistant Secretary, arrived at 1:17 p.m.
Also present were:
Mandie Rainwater- District Manager, Premier District Management (PDM)
Wes Kayne -Vice President, Barraco and Associates
Attending remotely:
Melissa Gindling – Assistant District Manager, PDM
Michael Eckert – 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. In attendance were Chair Krukowski, Vice Chair Kinnunen, Assistant Secretary Geltner, Assistant Secretary Van Horn A quorum was established. Assistant Secretary Jenner arrived at 1:17 p.m.
Also in attendance were District Manager Rainwater and District Engineer Wes Kayne. Attending remotely were Assistant District Manager Melissa Gindling, District’s Attorney Michael Eckert, and Attorney Kubra Metin.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
The agenda was approved as presented.
On MOTION by Chair Krukowski, seconded by Vice Chair Kinnunen, with all in favor, the Board approved the Agenda as presented.
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
Mr. Kayne of Barraco and Associates reported a recent site visit to Lake 15 to review a minor washout area. No definitive cause was identified, however, aerials and field observations suggest an old geotube may have contributed to localized erosion. It was determined the area will be regraded to match the surrounding lake bank.
District Manager Rainwater stated the contractor discovered the geotube only after water levels dropped during a pre-construction walkthrough, the District was formally notified at the pre-construction meeting. Supervisor Geltner noted the geotube may have been installed by the county as a test around 2019 and inquired about potential recourse. It was determined the District likely has none.
Supervisor Geltner expressed concerns regarding the violation hearing, cancellation of the February meeting, project delays, and Mr. Eckert’s absence from the hearing. Mr. Eckert stated that his office had not been substantively engaged to represent the District in this matter. Mr. Eckert expressed confidence in the District Engineer and Premier District Management (PDM) in representing the District.
District Manager Rainwater reported that PDM received notice in January of a hearing before the Lee County Hearing Examiner’s Office. Mr. Carl Barraco, Chair Krukowski, Assistant District Manager Gindling, and District Manager Rainwater attended the February 17, 2026 hearing, with Mr. Barraco and District Manager Rainwater speaking on behalf of the District. During the hearing, it was clarified that the 2024 LDO modification did not extend the LDO, which currently expires in 2027. Barraco and Associates will pursue an extension to 2030. The Hearing Examiner acknowledged the District’s efforts to avoid additional debt and consolidated the infractions into one matter, granting a six-month continuance. The Examiner’s Office will continue to provide six-month extensions, contingent upon staff progress updates, until project completion.
Supervisor Geltner asked whether Mr. Eckert could prepare an agreement reflecting the County Hearing Examiner’s intent to grant an extension to the Moody River Estates CDD beyond the August deadline. Supervisor Van Horn also requested clarification from the County. Mr. Eckert stated he could draft such an agreement for County consideration. District Manager Rainwater indicated she would contact William Diaz to initiate discussions on this matter.
Supervisor Jenner arrived at 1:17
On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with all in favor, the Board authorized the District Attorney and Staff to work with the Hearing Examiner’s office to create an agreement that conveys the intention to abate the violations if criteria are met in August.
District Manager Rainwater reported that the contractor met with Code Enforcement representative Carol Lis prior to the meeting. Ms. Lis advised that a vegetation removal permit is required as soon as possible for the trees already removed. Barraco was notified via email, and Mr. Kayne was informed at the meeting. Staff will follow up. The contractor also requested Barraco’s assistance in determining the top elevation of the berm.
Regarding Lake 16, Ms. Lis instructed the contractor to preserve cabbage palms between 5–6 feet in height and others may be removed.
Additional materials provided to the Board included a proposal from Newell Landscaping to install irrigation on the east side of Lake 15. The contractor recommended switching the sod from Floratam to Bahia, which requires less irrigation. He noted the Bahia grass may appear brown until rainfall occurs but is expected to recover. Chair Krukowski questioned whether irrigation installation would be the CDD’s responsibility, given HOA control of that system. The Board approved the Bahia sod option and declined Newell’s irrigation proposal. Staff will notify all parties.
District Manager Rainwater also presented a last-minute change order from Talon Construction in the amount of $7,450. She explained that a previously unidentified section of geotube in Lake 15 was discovered during the final walk-through prior to the pre-construction meeting and required removal, as agreed by engineering. Additional agreed-upon work included removal of cabbage palms around all four lakes and remediation of an additional 50 LF of shoreline at Lake 15 for aesthetic purposes. Following removal of the geotube, a washout developed at the lake point. Doug Tarn and Chair Krukowski met with Talon Construction to determine a solution prior to sod installation.
On motion from Chair Krukowski, seconded by Supervisor Van Horn, with all in favor, the change order from Talon Construction for $7,450 was approved.
B. Topography Map
Mr. Kayne presented the Board with an updated version of the maps and stated that the overall topography appears to be functioning as intended. He explained that the minimum current elevation is 7.8 NGVD. He noted that the berm is at or above this minimum elevation. Mr. Kayne further explained that the swale should be sufficiently low to capture and retain water on-site, and that the level of service should be evaluated based on whether water reaches the berm without excessive ponding.
Vice Chair Kinnunen specifically inquired about 13431 Seaside Harbour, noting that the resident has reported ponding behind the home. Upon further inspection, Mr. Kayne indicated there may be a slight elevation variation contributing to localized ponding. Mr. Kayne and Frank Savage will evaluate potential recommendations, determine responsibility for any necessary remediation, and report back to the Board at the next meeting.
Mr. Kayne left the meeting.
SIXTH ORDER OF BUSINESS District Counsel Items
A. District Counsel Items
Mr. Eckert provided an update on the legislative session. He informed the Board that the sovereign immunity cap for personal liability has been increased, raising the per-person limit from $200,000 to $350,000 and the aggregate per-occurrence limit from $300,000 to $500,000. The bill is currently headed to the Governor’s desk for signature. Mr. Eckert requested that management evaluate the potential impact of this legislation on the District’s insurance rates. He also reported that the timeframe to serve a notice of claim against the CDD has been reduced from three years to 18 months, agencies must respond to notices of claim within four months, and the statute of limitations for negligence actions has been reduced from 4 years to 2 years. These changes apply to causes of action accruing on or after October 1, 2026. Mr. Eckert also provided an update on proposed legislation establishing a formal process to recall CDD supervisors. The bill introduces a petition process for registered voters, followed by a special election conducted by the Supervisor of Elections if petition requirements are met. Mr. Eckert noted that he will provide additional details once the legislation is approved by the Governor.
He also reported on the creation of several work authorizations for the District.
SEVENTH ORDER OF BUSINESS District Manager Items
A. Update on Stormwater MOU and Maintenance Agreement with COA
District Manager Rainwater informed the Board that she followed up with the HOA, which has not scheduled any additional meetings. Vice Chair Kinnunen asked Mr. Eckert whether the voting representatives could be compelled to meet by the District, he responded that the only option would be to withdraw the proposed agreements, which would not provide much leverage. This item will remain on the agenda.
B. Resolution – 2026-04 – General Election
District Manager Rainwater stated Resolution 2026-04 allows the Lee County Supervisor Of Elections to continue to administer the CDD’s elections and provides the text of the legal notice for publication.
On MOTION by Supervisor Geltner, seconded by Chair Krukowski, with all in favor, the Board adopted Resolution 2026-04.
C. FLGIS – GIS Phase 1 Preview
District Manager Rainwater reminded the Board that a link to the GIS system was provided in the digital agenda and offered assistance to any supervisors needing help accessing it. Phase 1 has been completed and is available for viewing, while Phase 2 is scheduled to begin in FY27. Chair Krukowski inquired about the site’s password protection and District Manager Rainwater will follow up with FLGIS, although this may not be implemented until the site is complete.
D. Budget Schedule FY2027
District Manager Rainwater reviewed the budget schedule and informed the Board that a draft budget will be available by April. She noted that any proposed projects can be incorporated into the budget, with assessment scenarios provided if the Board is interested. The Board requested that the draft include maintenance line items for the Faux Bridge (annual), the gazebo, monuments, and similar items. Staff will prepare a budget reflecting these requests.
E. ARC Applications
i. Benson
Residents submitted an application to the ARC to construct a dock behind their home. Following consultation with Mr. Eckert and Barraco, a deposit was requested and received, and a deposit agreement was executed. Any post-commencement legal or engineering fees will be deducted from the deposit prior to any refund. Final project completion will require inspection by either Field Services Manager Pepin or Barraco.
Vice Chair Kinnunen requested the property address to monitor progress, which was provided by the District Manager via email. The District Manager also indicated that Field Services Management (FSM) will be asked to conduct site inspections.
ii. Renfro
A resident submitted an ARC application to install a generator adjacent to the home, with the fuel tank proposed for the rear of the property. After consultation with Barraco, the CDD was unable to approve the application pending clarification of the power line routing to confirm compliance. Chair Krukowski advised the Board that the project appears to have begun, if not been completed, and asked Staff to explain how the ARC application was processed. District Manager Rainwater explained that ARC responses are sent to the CAM, who submits the applications; in this case, the CAM was Bridget. Staff will follow up with the HOA regarding the project, as they had been informed that work had commenced, and will seek the clarification previously requested by the Board. Staff will also request Field Service Manager Pepin to verify the installation location.
EIGHTH ORDER OF BUSINESS Field Manager Items
A. Lake Bank Restoration Update: Lake 5
District Manager Rainwater reported that Shenandoah encountered carbon monoxide while cleaning the pipe at Lake 5, requiring excavation of Manhole Cover #16 to install ventilation. No issues were identified within the pipe itself; however, Shenandoah recommends extending the pipe approximately 10–12 feet into the lake to prevent future erosion.
Additionally, the uncovered manhole, located approximately 30 feet away, is recommended to be raised by 5 feet. A proposal for this work had not been received as of the meeting date.
On MOTION by Supervisor Geltner, seconded by Chair Krukowski, with all in favor, the Board approves the Chair authorizing a proposal for repairs not to exceed $10,000.
B. Lake Bank Restoration Update: Lake 15,16,17,19
District Manager Rainwater informed the Board that Lake 15 restoration is scheduled to begin on March 16, with Lake 19 anticipated to follow shortly thereafter. The contractor will provide confirmation in advance so the community can be notified. District Manager Rainwater confirmed the project remains on schedule, and previously identified additional issues have already been addressed.
i. Ratification – Newell Irrigation Capping Lakes 15 & 19
Newell Irrigation submitted two proposals to cap irrigation following a site visit. The proposals were approved by the Chair and District Manager Rainwater to allow work to be completed prior to bank construction beginning on March 16.
On MOTION by Vice Chair Kinnunen, seconded by Supervisor Van Horn, with all in favor, the Board ratified the proposals at $312.88 and $328.96 for lakes 15 and 19 respectively.
C. FLGIS – Stormwater Inspection Update
The project has begun and is expected to be completed in early April.
NINTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled for Discussion by the Board
No items were pulled for discussion, but District Manager Rainwater informed the Board that the February Financial report was not available.
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 Consent Agenda items.
C. Consideration of items pulled for discussion
i. Public comment taken on each pulled item as it is considered
D. Consent Items
i. Meeting Minutes from January 9, 2026, and January 15, 2026
ii. Report on Pond Watch
iii. Maintenance Reports from Aquatic Weed Control
iv. Action List Fiscal Year 2026
v. Field Services Report
vi. Aerator/Fountain Log
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 – Cabbage Palm Pruning Lake 18
Field Service Manager Pepin obtained two proposals to clean up 42 cabbage palms at Lake 18: Pristine Lakes ($2,000) and Newell ($2,140). Funding was proposed from the R&M – Lakes account, which has a balance of $195,650.
Following discussion, the Board determined that cabbage palms are self-pruning and do not require trimming. Both proposals were declined.
ii. Letter to Residents – Birds
District Manager Rainwater reported that the County inspector observed an unusually high number of water birds and ducks at Lake 3, contributing to ongoing damage to the littoral areas. A letter was sent to nearby residents in nesting areas requesting that they refrain from feeding the birds. District Manager Rainwater reviewed the letter with the Board. It was noted that bird activity at the lake has since decreased. Additionally, a graphic has been provided to the HOA for inclusion in their weekly newsletter.
District Manager Rainwater requested Board approval to reimburse Chair Krukowski $94.74 for repairs to loose pavers near Lake 5. Supervisor Geltner asked Mr. Eckert whether the District has appropriate insurance coverage for Board members. Mr. Eckert advised that a volunteer policy and worker’s compensation policy should be procured if not already in place to protect the District in the event of an injury. District Manager Rainwater will confirm coverage with the Client Relations Manager.
On MOTION by Supervisor Geltner, seconded by Supervisor Van Horn, with all in favor, the Board reimbursed the Chair for his $94.74 expense.
ELEVENTH ORDER OF BUSINESS Supervisor’s Items
Vice Chair Kinnunen expressed a desire to have Lake 9 remediated ahead of its currently scheduled date. The Board will consider this request during planning for the FY 2027 lake projects.
Supervisor Geltner requested that Board members review his emails and the checklist he prepared for consideration with the field report. He also inquired about the 20-year Stormwater Management Needs Analysis, questioning whether it should be updated after four years (referencing January 25, 2022 meeting minutes). Additionally, he asked about the berm report commissioned to Barraco per the August 19, 2021 minutes, and raised concerns regarding ARC cooperation related to a project that proceeded without CDD approval. Staff will coordinate with HOA staff to address ARC-related issues. Lastly, Supervisor Geltner requested updates to the Moody River Estates newsletter and asked that this item be included on the next agenda.
Supervisor Jenner inquired whether Cal Teague has fully retired. District Manager Rainwater advised that Mr. Teague is expected to continue serving as a consultant through at least August 2026.
Vice Chair Kinnunen informed the Board that the clubhouse parking lot will be resurfaced soon, and the CDD may no longer be permitted to use it for staging purposes.
TWELVETH ORDER OF BUSINESS Public Presentation of Matters by Citizens
There were none.