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, September 17, 2026 at 1 p.m.

Present and constituting a quorum were:

William Krukowski – Chair
Melody Van Horn – Assistant Secretary
Chris Jenner – Assistant Secretary

Supervisors attending remotely:

Robert Geltner – Assistant Secretary

Also present were:

Cal Teague- District Manager, Premier District Management (PDM)
Matt Gindling – Assistant District Manager, PDM
Melissa Gindling – Compliance Manager, PDM
Frank Savage – Barraco and Associates
Philip Schwartz – Talon Construction
Kevin Spellman – Resident
Gabriel Nostramo – Resident
Deborah Nostramo – Resident

Attending remotely:

Mike Eckert – Attorney, Kutak Rock, LLP
1 caller

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.

Chair Krukowski called the meeting to order at 1:02 p.m., and District Manager Cal Teague called the roll. Present and constituting a quorum were Chair Krukowski, Supervisors Van Horn and Jenner with Supervisor Geltner joining remotely. Also attending in person were District Manager Cal Teague, Assistant District Manager Matt Gindling, Compliance Manager Melissa Gindling, District Engineer Frank Savage from Barraco, Philip Schwartz from Talon Construction, and residents Kevin Spellman, Gabriel Nostramo, and Deborah Nostramo. Joining online were District Counsel Mike Eckert, and 1 unidentified caller.

The agenda was presented amended adding Sections 5Biv, 5Cii and iii, 9Aii, 9Bii, 11A

Resident Kevin Spellman inquired about the removal of trees along Lake 16. Chair Krukowski explained that the trees had been installed on the wrong lake due to a contractor error. The issue was subsequently corrected, and the trees were relocated to Lake 19 at no cost to the District.

A. Lake Bank Restoration Update: Lakes 15, 16, 17, 19

i. Inspection Results: August 21, 2026

District Manager Teague reviewed the County inspection report prepared by Carol Lis for Lakes 15, 16, 17, and 19. The report noted that the minimum required number of littoral plantings did not appear to be present and that, although receipts had been provided, the existing plantings did not meet the required quantities and were not in healthy condition. The report further stated that many plants had been installed too low on the lake bank and became submerged as lake levels rose, and requested that the littoral plantings be evaluated and supplemental plantings installed to meet the minimum requirements.

District Engineer Savage confirmed that the lake slopes were graded correctly and that the County identified no issues with the grading.

ii. Littoral Planting for Lakes 16, 17, 19 Proposal

District Manager Teague reported that Talon Construction had scheduled and installed additional littoral plantings to address the County’s comments and subsequently submitted a revised proposal for 1,320 plants. The proposal was reduced from $3,444.25 to $2,950. It was noted that, in an effort to avoid delaying project certification, Talon proactively completed the supplemental planting on August 31, 2026 prior to Board approval.

Chair Krukowski expressed concern that recent rainfall and higher lake levels may have caused additional plantings to become submerged.

District Engineer Savage explained that he prepared a summary of the approved LDO requirements and the associated tree and littoral plantings. Lee County has requested that the as-built plans identify any deviations from the species specified in the original plans. He noted that a miscommunication between County Development Services and Code Enforcement contributed to confusion regarding the requested information. Barraco is awaiting clarification from the County before the lakes can be reinspected.

Staff will reach out to Talon Construction to obtain the updated proposal and have it signed by Chair Krukowski.

District Manager Teague encouraged District Engineer Savage to coordinate with the County on a plan to move the project toward completion, noting the Board’s desire to identify a long-term resolution for the remaining restoration requirements.

iii. Littoral Planting Completion Pictures

Supervisor Van Horn requested clarification regarding recent County comments and whether certain information requests reflected new internal County requirements. District Engineer Savage confirmed that additional information had been requested and clarified that the inspection findings were based both on those requests and the County’s inability to visually verify portions of the installed landscaping. Supervisor Van Horn acknowledged the District’s efforts to address the County’s requirements and emphasized the importance of continuing to demonstrate good-faith cooperation as the project moves toward final compliance.

B. Lake Bank Restoration Update: Lakes 3, 5

i. Inspection Results: August 21, 2026

Chair Krukowski reviewed the County inspection report for Lakes 3 and 5, which noted that the required littoral plantings did not appear to be fully present and that additional deep-water trees were needed. The report also requested documentation of the littoral plantings and an updated as-built reflecting the installed tree species. In response to the County’s comments, staff obtained a proposal to install two additional trees, one at each lake, replace and improve tree staking, and mulch previously installed trees to address the outstanding items identified during the inspection.

ii. Mulch, Staking, Additional Trees Ratification

Chair Krukowski noted that the proposal contained an error identifying Lake 6 instead of Lake 12. It was confirmed that the work was completed at the correct location and that the error was limited to the proposal language.

iii. Littoral Planting for Lake 3 Proposal

Chair Krukowski expressed concern about the success of future littoral plantings due to waterfowl activity. Supervisor Geltner suggested investigating plant species that may be less attractive to Muscovy ducks. District Engineer Savage noted that four approved littoral species are required for Lake 3, and it was agreed that canna should be avoided.

During discussion, Mr. Schwartz noted that Talon Construction had not yet received payment for previous littoral planting work and inquired about the status of payment. District Engineer Savage confirmed that only the required 5% retainage needed to be withheld and that the remaining balance was authorized for payment to the vendor.

Staff was directed to provide Mr. Schwartz with the list of approved species from the LDO, and Chair Krukowski authorized Mr. Schwartz to proceed with the planting.

iv. Additional Inspection Requirements: August 25, 2026

Chair Krukowski inquired about transplanting littoral plants from Lake 14 prior to future restoration activities. Discussion focused on salvaging existing plants that would otherwise be buried during the restoration process and relocating them to other suitable areas throughout the community for reuse.

C. County Lake Bank Violation Update

i. Order Granting Time Extension

This letter was issued in error from the County.

ii. Second Order Granting Time Extension

District Engineer Savage reported that the County’s initial Order Granting Time Extension had been issued in error due to a miscommunication between two County staff members who were independently involved in the project. He confirmed that the matter has since been clarified and that the Second Order Granting Time Extension establishes a revised compliance deadline of February 24, 2027. District Engineer Savage noted that the extended timeline will allow additional time for project planning and implementation and provide the County with updated information as future restoration efforts progress.

iii. Update email from Carl Barraco

Chair Krukowski requested clarification regarding an email from Carl Barraco summarizing a conversation with Abby Henderson of Lee County Development Services, noting that no written response from the County had been received. District Engineer Savage explained that Carl Barraco had spoken with Abby Henderson and subsequently documented the discussion in an email, but the District was still awaiting written confirmation. He noted that the matter was related to previous communication issues between County departments and stated that the verbal discussion was consistent with the information outlined in the email.

District Engineer Savage further reported that follow-up had occurred and that a written response from the County was expected.

D. Future Lake Bank Restoration Planning

i. Lake 7 HOA Compliance Letter Update

Chair Krukowski reported that the Master HOA was still awaiting written confirmation from Lee County that the Lake 7 violations had been corrected. He referenced correspondence from the HOA indicating that the violations had been addressed by the HOA’s landscape contractor and that verbal confirmation of compliance had been received from the County, although written confirmation remained outstanding.

Chair Krukowski noted that written confirmation was necessary before Lake 7 could be incorporated into the District’s future restoration planning and that ownership issues would also need to be resolved.

Supervisor Geltner requested clarification regarding ownership of Lake 7, and District Counsel Eckert confirmed that a portion of the lake is currently owned by the HOA and is anticipated to be conveyed to the District as part of a future property transfer.

Staff was directed to contact the County and obtain written confirmation of compliance so that Lake 7 could be added back into the LDO.

ii. Proposed Changes to Lake Bank Restoration Planning Document

Chair Krukowski reviewed proposed updates to the Lake Bank Restoration Planning Document prepared by Supervisor Geltner, noting that the document reflects the history of completed restoration efforts and provides a framework for future projects. Chair Krukowski stated his preference to move forward with restoration of Lakes 11, 13, and 14 and, if budget permits, include Lake 20 due to significant washouts that are approaching residential properties and creating potential safety concerns. He noted that if costs exceed available funding, the Board could instead prioritize Lakes 13, 14, and 20 and defer Lake 11 to a subsequent phase along with Lakes 2 and 18.

District Manager Teague advised that staff could evaluate these options further in coordination with the District Engineer as bid specifications and cost estimates are developed. Chair Krukowski emphasized the Board’s goal of restoring as many lakes as possible while remaining within budget.

During discussion of additional erosion concerns identified in Field Manager Pepin’s field report for Lakes 3, 4, 5, 8, 10, and 12, Supervisor Van Horn asked whether the engineers had recommendations for preventing recently restored lakes from developing new erosion issues. District Engineer Savage advised that addressing isolated erosion areas as they occur is a cost-effective approach that can help prevent larger restoration needs in the future. He noted that some locations may require additional drainage improvements to address the underlying causes of the washouts.

Staff was directed to coordinate with Field Manager Pepin and District Engineer Savage to evaluate the washouts on Lake 20, document site conditions, and provide recommendations to affected residents regarding discharge redirection. Staff was also directed to obtain proposals for the next phase of lake restoration projects and work with the engineer to prioritize the lakes based on project needs and available funding.

E. Project Tracking Costs

Chair Krukowski reviewed the lake bank restoration cost tracking and noted that funding for the program had been increased in the Fiscal Year 2027 budget.

Supervisor Geltner inquired whether engineering and legal expenses related to the restoration project were reflected in the tracking costs. District Manager Teague advised that the figures were based on overall project allocations and did not specifically account for engineering or legal costs.

A. Control Structure Recommendations

Chair Krukowski reviewed recommendations from the District Engineer regarding drainage control structures, including locations at 3301 and 3391 Banyan Hollow Loop. He noted that several drainage structures within preserve areas had become obstructed by vegetation and overgrowth. District Engineer Savage emphasized the importance of clearing and maintaining these outfall structures to ensure proper drainage and system function.

District Engineer Savage left the meeting at 2:05 p.m.
Philip Schwartz left the meeting at 2:05 p.m.

A. Rules of Procedure Discussion

i. Revised Rules of Procedure Comments

Supervisor Geltner noted his understanding that the Rules of Procedure discussion had been deferred to a future meeting. District Counsel Eckert clarified that no public hearing or Board action was scheduled for the current meeting and that legal counsel’s role at this stage was limited to providing comments on the revisions submitted by Supervisor Geltner.

Supervisor Geltner stated he was agreeable to removing provisions not recommended by counsel but requested that the remaining proposed revisions be considered. District Counsel Eckert stated he would prepare a redlined version of the document identifying recommended changes and narrowing the remaining issues for discussion. The Board agreed that the remaining provisions would be reviewed in greater detail at a future meeting.

ii. Resolution Information: Designating Public Comment Periods

iii. Resolution Information: Adopting Internal Control Policy

District Counsel Eckert explained that the resolutions regarding public comment periods and the Internal Control Policy were provided for informational purposes and would be updated as necessary based on any revisions adopted to the Rules of Procedure.

B. Trespassing Discussion

i. Council Recommendations

District Counsel Eckert reported that Resolution 2026-10 was prepared to update the individuals authorized to initiate trespass enforcement on behalf of the District, replacing a prior resolution that designated certain representatives of the former management company.

Assistant District Manager Gindling explained that the proposed list had been left blank for Board consideration, noting that Deputy Sherman had recommended designating a limited number of reliable contacts who could be reached by law enforcement when trespass issues arise.

ii. Resolution 2026-10: Trespassing Authorization

iii. Lee County Sheriff Presentation Update

The Board was informed that Deputy Sherman will attend the November 19, 2026 Board meeting. Supervisors were asked to provide any questions or discussion topics to staff in advance so the agenda and topics could be shared with him prior to the meeting.

iv. Revised Resolution 2026-10: Trespassing Authorization

District Counsel Eckert reviewed the trespass enforcement process, explaining that law enforcement would generally provide a warning and request that individuals leave District property before issuing a trespass warning, unless circumstances warranted immediate action.

Chair Krukowski expressed a preference that, when appropriate, residents or parents be notified before enforcement escalates.

In discussing Resolution 2026-10, the Board determined that Supervisors Krukowski, Van Horn, Geltner, Kinnunen and Jenner, along with representatives of Premier District Management, would be designated as the individuals authorized to act on behalf of the District regarding trespass enforcement matters.

A. Update On Stormwater MOU and Maintenance Agreement With COA

District Manager Teague explained that adoption of Fiscal Year 2027 Goals and Objectives is a statutory requirement and noted that the existing goals and objectives were being carried forward for Board consideration.

Supervisor Geltner off screen at 2:41

Supervisor Geltner back on screen at 2:42

C. Seat 1 Vacancy Discussion

District Manager Teague announced that Supervisor Jenner would not be seeking re-election, creating a vacancy for Seat 1. Staff was directed to advertise the vacancy on the District website, coordinate notices through the HOA newsletter and a separate news blast, and request that interested candidates submit resumes by November 1, 2026.

Staff will provide resumes to the Board as received, and the Board plans to fill the vacancy at the November 19, 2026 meeting.

District Manager Teague referenced the letter previously provided to the Board regarding the departure of Mandie Rainwater from the management company and advised that he would serve as District Manager until a replacement is hired. He noted that the existing management team would continue to support the District during the transition.

A. September Field Inspection Report

i. Attorney Opinion: Liability for Injury or Property Damage from a Tree on Land Owned by MRE CDD

Chair Krukowski reviewed a memorandum included in the agenda packet regarding District responsibility for trees located on CDD property. During discussion of a vegetation cleanup proposal, he noted concerns about including the trimming or removal of healthy trees extending onto private property.

District Counsel Eckert advised that residents are permitted to trim branches and roots at their property line and that the District is generally not responsible for healthy trees that fall onto private property due to natural causes.

Supervisor Van Horn suggested providing residents with guidance on the District’s tree maintenance policy, and District Counsel Eckert stated that he would work with District Manager Teague to prepare a summary notice. Chair Krukowski requested that the vegetation cleanup proposal be revised to remove tree work not considered a District responsibility.

ii. Control Structure and Vegetation Cleanup Proposal

The Board requested that staff obtain a revised proposal from Newell excluding the removal of trees located at 3231 Banyan Hollow Loop and 3331 and 3341 Banyan Hollow Loop.

B. HOA Request for Approval to Install Landscaping Update

Chair Krukowski reviewed a request from the HOA to install landscaping around exposed irrigation and utility equipment at Lakes 1, 2, 4, 5, 15, and 17. The HOA agreed to repair any damage caused during installation and assume responsibility for ongoing maintenance of the landscaping.

Supervisor Geltner asked whether the arrangement should be formalized, and District Counsel Eckert recommended a letter of understanding.

Staff was directed to work with District Counsel to prepare an agreement outlining the HOA’s maintenance and repair responsibilities.

C. Request for Lake and Preserve Maintenance Proposals Update

Assistant District Manager Gindling reported that proposals for lake and preserve maintenance services had been received from All Water, Mettauer, Premier Lakes, and Pond Guru, with a proposal still pending from Tigris.

The Board directed staff to invite Mettauer and Premier Lakes to the October meeting to provide brief presentations and answer questions. Tigris would also be invited if an acceptable proposal is received in time. Vendor presentations were limited to 10 minutes, followed by up to 5 minutes for Board questions.

i. All Water Proposal

The Board reviewed and discussed the proposal included in the agenda packet.

A. Items to be pulled for discussion by the Board

i. Public comment on balance of items

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. Pond Watch August Reports

ii. Draft Meeting Minutes from August 20, 2026

iii. Financial Report for August 2026

A. Lakes and Preserves

i. Randag Skyline Fence Trimming Proposal

Chair Krukowski noted that the proposal was requested by Vice Chair Kinnunen at a prior meeting. He stated that Newell had submitted a proposal to trim encroaching vegetation along the entire Randag and Skyline fence line, and the Board reviewed the proposal.

ii. Trail Cams Update

Supervisors chose to no longer pursue installing trail cams for gathering data on the Muscovy ducks around Lake 3.

iii. Muscovy Ducks Update

The Board discussed the status of Muscovy duck management efforts and reached a consensus not to pursue removal of the ducks at this time.

1. Second Alarm Invasive Control: Proposal Obtained by HOA

2. Lee County Animal Services Recommendations

3. Critter Control of Southwest Florida Proposal

B. Fountains and Aerators

i. Lake 7 Aerator Update

Chair Krukowski reviewed photos of the Lake 7 aerator improvements, including the installation of a timer to reduce nighttime operation. He noted that the homeowner had placed a cover and potted plants on the aerator equipment, which is located on District property.

The Board directed staff to send a letter requesting removal of all personal property from the aerator site and surrounding CDD property.

ii. Extended Warranty for Lake 15 Fountain Proposal

The Board chose to not accept the extended warranty proposal from Fountain Kings.

iii. Upgrade 14 Fountain Analog Clocks to Digital Proposal

Chair Krukowski reviewed a proposal to replace analog fountain clocks with digital clocks at 14 fountain locations. The Board discussed the proposal and expressed a preference to continue replacing clocks on an as-needed basis rather than completing all replacements at once.

Supervisor Geltner requested that Field Manager Pepin provide the basis for recommending replacement of all analog fountain clocks with digital clocks at the same time. The item was tabled until the next meeting.

C. Maintenance and Repairs

i. Entry Monuments Cleaning

Chair Krukowski reviewed the email from Field Manager Pepin regarding monument cleaning and discussed the use of a “30 Second” mold and mildew cleaner for monument cleaning and noted that the product is not recommended for use near landscaping. Chair Krukowski further noted that the entrance monuments had recently been power washed by the HOA and remained in good condition.

The Board agreed to revisit monument cleaning during the winter months, and Chair Krukowski requested that the faux bridge and gazebo be included in future power washing services.

No Supervisor comments were heard.

Resident Deborah Nostramo inquired about the status of Lake 7, including why it was not included in the restoration plan, the timing of the original violation, and the process for addressing the violation and transferring ownership to the District.

Chair Krukowski, Supervisor Van Horn, District Counsel Eckert, and District Manager Teague explained that the violation occurred on property owned by the HOA, that the violation has been addressed, and that written confirmation from the County is still pending. They further explained that Lake 7 cannot be added to the District’s restoration plan until the HOA receives final confirmation of compliance and ownership is transferred to the District. District Manager Teague also noted that the District Engineer had previously presented information to the County indicating that Lake 7 had not been expanded and remained within its original parameters. Resident Deborah Nostramo also made accusations regarding her belief that the District was negligent in addressing issues related to her belief that Lake 7 was expanded by the District.

Ms. Nostramo also expressed concerns regarding noise generated by the Lake 7 aerator during daytime hours. Chair Krukowski noted that personal property should not be placed on District owned equipment and reiterated that residents are not authorized to modify or place items on CDD equipment.

The next Regular Meeting is scheduled for October 15, 2026 at 1:00 p.m.