Amended Meeting Minutes for April 18, 2023
Community Development District
The regular meeting of the Board of Supervisors of the Habitat Community Development District was held in the Bella Terra Clubhouse at 20070 Bella Terra Boulevard in Estero, Florida and also via web conference on Tuesday, April 18, 2023 at 4 p.m.
Present (or attending via web conference) and constituting a quorum were:
Larry Roth – Chair
Norman Reno – Vice Chair
Linda Lea Gibson – Assistant Secretary
Jenny Licht – Assistant Secretary
Also present (or attending via web conference):
Cal Teague – District Manager, PDM
Chris Pepin – Field Manager, Community Field Services
Charlie Krebs – Engineer, Hole Montes, Inc.
Greg Urbancic – Attorney, Coleman Yovanovich Koester, PA
K. J. Moses – President, Master Bella Terra Community Association
Landscape Committee – Bella Terra Community Association
Melissa Gindling – Project Specialist, PDM
The following is a summary of the actions taken at the Habitat Community Development District Board of Supervisors Meeting.
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order and four Board members were present. Also in attendance were Cal Teague, the District Manager, Chris Pepin, the Field Manager, Charlie Krebs, the Engineer, K. J. Moses, President, Master Bella Terra Community Association, representatives of the Landscape Committee from the Bella Terra Community Association, Melissa Gindling from PDM and some Residents. Participating via web conference was Greg Urbancic, the Attorney.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Attorney Urbancic presented Resolution 2023-02 and copies had been distributed before the meeting.
Add Item 4 Resolution 2023-02 Audience Participation
Add Item 5Dvi Lee County Registered Voters
Add Item 7F Clock Tower Conditions
On MOTION by Supervisor Gibson, seconded by Vice Chair Reno, with all in favor, the Agenda was approved, as amended.
FOURTH ORDER OF BUSINESS Resolution on Audience Participation
Attorney Urbancic explained a resolution which gives the public an opportunity to comment at the beginning of the meeting regarding anything on the Agenda. He noted that if anything is added to the Agenda during the meeting, the Board should allow public comments after the motion is made. This resolution also gives an option to limit public comments to 3 minutes per person.
On MOTION by Supervisor Gibson, seconded by Vice Chair Reno, with all in favor, the Board approved Resolution 2023-02, giving the public an opportunity to comment at the beginning of the meeting on the Agenda, and if anything is added to the Agenda during the meeting, public comments are allowed after the motion is made, with a limit of 3 minutes per person.
FIFTH ORDER OF BUSINESS Audience Comments on Agenda Items
Louis Tancredi commented that pump 3 has not been working for 3 months, and since it is not possible to remove all of the alligators in the lake, the CDD should look for vendors who can work around their presence.
SIXTH ORDER OF BUSINESS Consent Agenda
A. Items to Be Pulled for Discussion
No Items were pulled for discussion.
B. Motion to Approve Consent Items
On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with all in favor, the Board approved items 5Di, 5Dii, 5Diii, 5Div, 5Dv, and 5Dvi on the Agenda, as amended.
C. Consideration of Items Pulled for Discussion
No Items were pulled for discussion.
D. Consent Items
i. Draft Workshop Meeting Minutes for March 21, 2023
ii. Draft Regular Meeting Minutes for March 21, 2023
Changes to Line 12 and Line 24 of the Regular Meeting Minutes were submitted by Supervisor Licht before the meeting. Revised copies were provided in the packet.
The Regular Meeting Minutes were approved in the previous motion.
iii. Financial Report for March 2023
This was approved in the previous motion.
iv. Projects and Work Order Tracking Logs
This was approved in the previous motion.
v. FEMA Reimbursement Update
This was approved in the previous motion.
vi. Lee County Registered Voters as of 4/15/2023
This was approved in the previous motion.
District Manager Teague presented the registered voters of the District, which is required by statute to be in the meeting minutes. The District has 2,985 registered voters as of 4/15/2023.
SEVENTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
District Manager Teague noted that the current irrigation contractor was asked not to attend the meeting.
It was reported that all irrigation is functioning well, except for pump 3. Field Manager Pepin noted that pump 4 had been down, and it was fixed on Friday, but he was notified of the issue by the pump service technician and not Clark Grey. The Board discussed alternative options for replacement or repair of pump 3, and asked the Engineer to look into a quote for a new pump.
i. Presentations by Irrigation Maintenance Vendors
District Manager Teague stated that they had searched for companies to replace Irrigation Specialists, but they could find no one who had time to prepare a presentation.
ii. Review of Current Irrigation Contract
The Board decided to terminate the contract with Irrigation Services and give them 7 days notice.
iii. Irrigation Maintenance Contract Bids
The Board stated that they need to find a company as soon as possible, and, after discussion, they decided to give District Manager Teague the authorization to select a company and negotiate a contract, using the previously prepared bid specifications. District Manager Teague noted that some of the potential irrigation vendors stated that the specifications were too detailed and they didn’t have enough time to prepare a bid. Other contractors said they didn’t have enough workers to take on another client. However, since the bid had been advertised, the CDD can now select a new vendor. He will consult with Field Manager Pepin, Supervisor Reno, and Engineer Krebs in selecting the new company. Supervisor Licht requested that he include the snail issue and the problem with sprinklers during rain events in the negotiation, and he stated that he will. District Manager Teague stated that he will also make sure the new contractor is E-Verified and can provide proof of insurance.
On MOTION by Supervisor Gibson, seconded by Supervisor Licht, with all in favor, the Board approved terminating the contract with Irrigation Specialists, with 7 days notice.
On MOTION by Supervisor Gibson, seconded by Supervisor Licht, with all in favor, the Board authorized the District Manager to negotiate a contract with an irrigation services company, with once a week onsite services, along with an emergency call-out option, snail treatments, and the ability to turn off the irrigation system if it is raining, not to exceed $50,000 per year.
B. District Manager
i. Fiscal Year 2024 Draft Budget
District Manager Teague stated that the proposed draft Budget does not indicate an increase in assessments, and he projected that they will be receiving $135,000 in assessments this fiscal year. District Manager Teague also stated that a preliminary Budget is due by June 15, including any increase in assessments, but this can be revised at the public hearing. He reviewed some of the items that will be addressed this year, and Supervisors Licht and Gibson stated that there is an issue with tree trimming which needs to be included. The Board asked Field Manager Pepin to obtain quotes on tree trimming, and District Manager Teague stated that this could be placed in the R & M for roadways and trees. The Board decided to increase the assessments by $75 for tree trimming. At the next meeting the resolution to adopt the proposed Budget will be presented, and a public hearing will be scheduled.
C. Field Manager
Field Manager Pepin reported on the following issues:
i. Current Field Report
He stated that there is not much of a problem with weeds, but there are problems with aeration on Lake 4 and Lake 7 and also with the electrical panel on the compressor on Lake 9.
He stated that a resident has been using electricity from one of the CDD’s electrical outlets, and he was sent a letter stating that this is not allowed. The Board wondered if they could be reported. Attorney Urbancic stated that it is better to have the authorities control the situation, because any actions by the CDD are public record.
Chris stated that they are in the process of fixing the damaged street lights in the community. Supervisor Licht asked if they could put caution tape on the light in the front of a streetlight, and Chris stated that he could.
In reference to the pump station on Lake 3, Chris stated that someone had broken the latch on the gate, and he had secured it with a chain.
He stated that Clark had not turned on the recharge wells, so he turned them on.
Chris stated that the film that had been applied to the clock tower was starting to get a calcium buildup.
ii. Project Updates
a. Lake Bank Repair
Field Manager Pepin reported that they are waiting on Pristine Lakes to provide a start date. He stated that the contractor will be dredging to re-establish a 4:1 slope. District Manager Teague stated that vegetation will be added after the repair is completed to stabilize the lake bank. Supervisor Licht suggested some grasses that could be installed in the lakes, and there was discussion on the vegetation’s trimming and maintenance.
On MOTION by Supervisor Gibson, seconded by Chair Roth, with all in favor, the Board approved the installation of aquascaping in the lakes, as determined by the field manager and Supervisor Licht, not to exceed $5,000.
b. Asphalt Repair Near Clocktower
Chris stated that the asphalt is still sinking, and he is monitoring it. The County will repair it when it has stopped sinking.
c. Clock Hands
Chris stated that the clock hands have been shipped to the local maintenance technician, and they are currently checking to see when the lift will be available, and they will let Chris know when the installation can start.
ii. Hurricane Ian Clean Up Update
a. Terra Nova Stump Grinding & Sod Replacement Update
This project has been completed.
b. Terra Nova Tree Replacement Options
Terra Nova quoted $9,615 to plant a variety of trees along Bella Terra Boulevard. Trees were selected by the Landscape Committee, including Master HOA Landscape Chair, Michaele Till-Cazares, and this expense had been approved at an earlier meeting. Supervisor Licht listed the variety of trees that will be planted along the Boulevard, which she and Chris had selected.
iv. Damaged Compressor Unit Near Lake 1
Chris reported that the damaged compressor currently has a zip tie around it, and that warning labels have been placed on all electrical panels for the aerator cabinets. He stated that West Coast Electrical quoted $2,650 to replace the panel, because it is the only way to repair it. The Board agreed that this can be completed. Supervisor Licht requested that if any vandalism occurs to CDD assets in the future, it should be immediately reported to the police.
There was no report from Attorney Urbancic.
i. Corkscrew Road Discharge into Lake 1 Follow Up
There was no update.
ii. Emergency Exit
Charlie stated that there has been a delay because the cost of materials has increased, and Collier Paving is requesting an additional $6,000 to complete the project. Charlie listed the tasks they intend to complete, and he needs to verify that the costs requested are the actual costs. What will be installed and the appearance of the emergency exit were discussed.
EIGHTH ORDER OF BUSINESS Discussion/Action Items
A. Guardhouse Slider Door Replacement Estimates
Storm Solutions quoted $8,033.71 for the slider door and Storm Smart quoted $9,201.00.
On MOTION by Supervisor Licht, seconded by Chair Roth, with all in favor, the Board approved Storm Solutions to purchase and install the guardhouse slider door, not to exceed $8,033.71.
B. Cul-de-Sac Maintenance Agreements Between CDD and HOAs
Terra Nova’s updated quote was in the packet. Vice Chair Reno presented a report, and it was also in the packet. He stated that he compared the CDD’s budget and expenditures over the years with the proposal from Terra Nova and the cost for each sub association. He stated that the District needs to know if Terra Nova understands the scope of the project, if the pricing is the same, and if the Board can verify their insurance. He and Supervisor Gibson supported the CDD’s takeover of the maintenance, because it would be more cohesive and would save money. Supervisor Licht cautioned that the CDD would have to budget for plant replacements also. It was decided that Terra Nova would be invited to the next Board meeting to discuss their maintenance quote in more detail.
C. Block Party Guidelines
There was discussion on the guidelines for block parties that were included in the packet. The Board decided to remove the fireworks rule and give a copy of the guidelines to the Master. They noted these are just guidelines and will be provided on request, however, the CDD is not issuing any kind of permit for the parties. The contact person will be responsible for following the guidelines.
D. Buttonwood Trees for Shorelines Proposal
Field Manager Pepin and Supervisor Licht had toured the community, and Chris presented a proposal from Pristine Lakes for planting buttonwood trees.
On MOTION by Supervisor Licht, seconded by Supervisor Gibson, with all in favor, the Board approved Pristine Lakes to install 25 7-gallon buttonwood trees on the shorelines of Lakes 1 through 7, not to exceed $1,400.
E. Request to Donate a Bench for the Bosco Court Cul-de-Sac
A resident requested to install a bench on the Bosco Court cul-de-sac, because they believe it will be convenient for the community.
On MOTION by Supervisor Gibson, seconded by Supervisor Licht, with all in favor, the Board approved a resident’s request to purchase and install a bench on the Bosco Court cul-de-sac, up to $2,500, with the understanding that there will be no cost to the CDD.
F. Clock Tower Conditions
Vice Chair Reno met with Don Benham concerning the condition of the clock tower, and they stated that the pump was changed a year or two ago, and it is pumping out more water, which creates a larger waterfall, and it is blowing onto the flowers. The flowers do not tolerate chlorinated water or salt water, so they need to be removed. There are also plants there that can tolerate the water but not direct sun. The Board agreed that the flowers should be removed and replaced with decorative stone. Vice Chair Reno also noted the dirt on the sidewalks, and Chris will have them cleaned after the landscape materials are installed.
NINTH ORDER OF BUSINESS H.O.A. Report
K. J. Moses asked if the Board had received the information from their attorney in regards to traffic control devices, and whether Attorney Urbancic had a chance to review it. Their attorney discovered in the opinion from 2015 that the CDD is responsible for maintenance, but the HOA is responsible for enforcement, and the HOA still believes that this is a good policy.
Update: K. J. stated that he had just emailed some figures to Chair Roth and Attorney Urbancic.
TENTH ORDER OF BUSINESS Supervisor Requests
District Manager Teague asked if the Supervisors would like to be paid for workshops, as well as, regular meetings and the Board stated that they would.
Supervisor Licht commented that the tree at the west end of Lazaro needs replacement, and that 2 trees on Cardeto will be moved to a different location after they have been removed. After discussion, Supervisor Licht stated that she will look for locations for the trees on Cardeto, and Field Manager Pepin will get a quote for a holly tree to replace the tree on Lazaro.
ELEVENTH ORDER OF BUSINESS Audience Comments
Lou Tancredi asked for clarification on procuring a new irrigation company.
Susan Prock was upset about the no fireworks rule being removed from the block party guidelines. Supervisor Roth noted that this was a decision from the governor, and the CDD can’t override his authority.
Reas is concerned about changing too much of the landscaping, which will make the residents unhappy.
TWELFTH ORDER OF BUSINESS Adjournment
Chair Roth adjourned the meeting at 6:18 p.m.