Amended Meeting Minutes for December 20, 2022
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, December 20, 2022 at 4 p.m.
Present (or attending via web conference) and constituting a quorum were:
Joe Napolitano – Chair
Larry Roth – Vice Chair
Norman Reno – Supervisor
Larry Roth – Assistant Secretary
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, Field Management Services
Tad Kring – Irrigation Specialists
Charlie Krebs – Engineer, Hole Montes, Inc.
Greg Urbancic – Attorney, Coleman Yovanovich Koester, PA
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 all Board members were present. Also in attendance were Cal Teague, the District Manager, Chris Pepin, the Field Manager, Tad Kring from Irrigation Specialists, and some Residents. Participating via web conference was Greg Urbanic, the Attorney, and Charlie Krebs, the Engineer.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Oaths of Office for Newly Elected Board Seats 1, 3 and 4
The Oath of Office was administered to Norman Reno for Seat 1, Jenny Licht for Seat 3, and Larry Roth for Seat 4, and the Oaths of Office were signed and returned.
FOURTH ORDER OF BUSINESS Board Reorganization: Resolution 2023-01
Joe Napolitano and Larry Roth were nominated for Chair, and Joe Napolitano and Norman Reno were nominated for Vice Chair. Mr. Napolitano asked not to serve as Vice Chair. Larry Roth was appointed as Chair, and Norman Reno was appointed as Vice Chair.
On MOTION by Supervisor Licht, seconded by Supervisor Gibson, with all in favor, the Board approved Resolution 2023-01 appointing the officers for the Board of Supervisors of the Habitat Community Development District, with Larry Roth selected as Chair, and Norman Reno as Vice Chair, with all other officers remaining the same, and Joe Napolitano, Jenny Licht, and Linda Lea Gibson serving as Assistant Secretaries.
FIFTH ORDER OF BUSINESS Approval of the Agenda
On MOTION by Supervisor Napolitano, seconded by Chair Roth, with all in favor, the Agenda was approved, as submitted.
SIXTH ORDER OF BUSINESS Audience Comments on Agenda Items
Doug Whalen commented that the clock tower clock is not working and needs to be fixed. He also thanked staff for their work with the Master Board on the cleanup of damages from Hurricane Ian and for agreeing to include some cleanup in CDD obligations.
Susan Prock commented that she believes that flashing lights should be placed at the crosswalks and at the speed limit signs for safety. She also commented that there are two street light covers off on Ardore.
Vice Chair Reno wondered if there will be FEMA reimbursement for grinding tree stumps. He also commented on the expense of installing flashing lights, and there was discussion on the type of lights that could be used.
SEVENTH ORDER OF BUSINESS Approval of Meeting Minutes
B. Draft Regular Meeting Minutes for November 15, 2022
On MOTION by Supervisor Napolitano, seconded by Vice Chair Reno, with all in favor, the Board accepted the November 15, 2022 Draft Regular Meeting Minutes, as submitted.
EIGHTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
i. Monthly Irrigation Report
Tad Kring reviewed his report and the following items were discussed:
Tad introduced Clark Grey, a member of his staff, and stated that he will be representing Irrigation Specialists at the meetings from time to time.
Tad stated that there has been a very low presence of snails for a long time, which indicates that the treatments have been working well. In response to Chair Roth’s question, he stated that snails may appear when the water goes down, and he will monitor it as the water recedes.
He reported that they have not needed to replace a pump in over a year, and everything seems to be working well. He and Jason Shaw have addressed some low pressure issues.
District Manager Teague asked if a generator is needed at the lift stations, and Tad stated that everything is turned off in a storm event, and they could bring in a generator temporarily, if needed.
B. District Manager
i. Hurricane Ian Storm Damage Discussion
District Manager Teague stated that 100% of the damage has been cleaned up, and the expenses to date are $84,000. They will be developing a list of projects to submit to FEMA, and there could possibly be a need for cleaning the stormwater management system.
Supervisor Licht asked if sod could be installed in the areas that are bare, and District Manager Teague stated that this could be one of the projects that could be submitted to FEMA, and Field Manager Pepin can obtain some quotes.
ii. FEMA Reimbursement
District Manager Teague stated that PDM staff will complete the submission of project expenses to FEMA, and FEMA will reimburse the District for expenses incurred.
C. Field Manager
i. Project Updates
Field Manager Pepin reported on the following issues:
Chris stated that the parts have been ordered for the damaged clock tower, and it should be repaired by February. The sinkhole at the clock tower is primarily a County issue, but Chris has filled in the hole. Chair Roth had observed that it may need more filling, and Chris will check on it.
ii. Current Field Report
Chris reported that Premier Lakes has begun their lake management services, and he will have a report on their efforts at the next meeting. He stated that the lakes are in overall good condition, but there are aerator issues on a few lakes, which he is addressing. Chair Roth asked about the status of lake erosion, and Chris will have a report at the next meeting listing the lakes that need repair.
He reported that trees from the preserves are encroaching onto private properties, and they will be trimmed.
Chris had spoken with a homeowner about the failure of a silt barrier, and the homeowner is working to resolve the issue.
He has obtained a sump pump for the clock tower control vault, and he is looking for a company that will work on preventing leaks in the vault. Vice Chair Reno asked about the calcified material that collects on the clock tower, and Chris stated that he has found no one who can apply a sealant, so they clean off the tower periodically. Supervisor Licht stated that this had previously been discussed extensively, and the Board had determined that the only other solution would be to change the facing to match the calcification, so it is less visible.
District Manger Teague stated that the HOA had asked if they should be responsible for the stump grinding and the replacement of trees and plantings and bill the CDD, or if the CDD will do it. Chris stated that he could do it inexpensively, and, after discussion, the Board decided that Chris will work with the Master to determine who could perform the task at the lowest cost, and he will also communicate with Supervisor Licht about the stumps that the Board would like to remove and those that they would like to remain.
Vice Chair Reno commented that the quality of the previously completed curb installation was poor, and he wondered if the company had been paid. Chris stated that this was completed about 6 months ago, but he will investigate the areas that Vice Chair Reno identified, if he points them out to him. An HOA representative commented that residents’ driveways had been blocked for a long period of time when the curbs were replaced, and he asked if the CDD could improve communication with the residents about the schedule of projects in progress. Chris stated that he notified the HOA Manager but will request an e-blast next time.
a. Projects and Work Order Tracking Logs
These were included in the packet, and there were no questions.
iii. Hurricane Ian Cleanup Update
a. Stormwater System Cleaning
Chris stated that Sewer Viewer has begun cleaning the stormwater management system and expects to have it completed by the end of January.
b. Roadway Sign Repairs Update
Chris stated that there is no update, because the signs are still being assembled.
Attorney Urbancic reviewed the Sunshine laws for the benefit of newly elected Vice Chair Reno and stated that the laws will be discussed further at an upcoming Supervisor orientation that he is coordinating with PDM.
Engineer Krebs discussed the following items from his report:
i. Emergency Exit Update
Engineer Krebs stated that he has no update, because he is waiting to hear from the County that they have completed the improvement to Corkscrew Road that goes past the community. After discussion, it was decided to leave this off the Agenda until the County has completed the project.
ii. Traffic Lights on Community Entrance Road Update
The Board decided that they will wait on the County’s completion of the improvement to Corkscrew Road, and leave it off the Agenda, unless Charlie has something to report before the completion.
iii. Corkscrew Road Discharge into Lake 1 Follow Up
Charlie stated that he cannot complete this project until the County has informed him that they have completed the project on Corkscrew Road. Upon Charlie’s recommendation, the Board decided to leave this on the Agenda, in case a resident reports an issue that he can report to the Board.
Chair Roth stated that there will be a Zoom meeting on the road rejuvenation project next month, and that Charlie can ask him any questions that he might have before the meeting.
NINTH ORDER OF BUSINESS Discussion/Action Items
A. Interior Gatehouse Maintenance Concerns Update
District Manager Teague read an email that he had received from K. J. Moses, stating that the HOA does not believe that any more changes need to be done on the gatehouse, and that the sliding glass doors are the CDD’s responsibility. He also suggested that a quarterly inspection be done by a joint committee consisting of the CDD and the HOA.
On MOTION by Supervisor Napolitano, seconded by Vice Chair Reno, with all in favor, the Board approved a quarterly inspection of the guardhouse, which will review the needs of the guardhouse, and prepare a list and plan for improvements, if needed. It will be presented to both Boards, consisting of Supervisor Licht, Field Manager Pepin, and District Manager Teague, if he is available, from the CDD, and three representatives of the HOA.
B. Deed Transfer of Lift/Pump Station Properties Follow Up
It had been agreed that Supervisor Napolitano would attend an HOA meeting to discuss the plans that the CDD had for the lift/pump station properties, but he was unable to attend. District Manager Teague stated that he was confused by an email he had received, because it referred to a parking plan, when, in fact, the Board was only asking for the transfer to complete a driveway project. In addition, the HOA had stated that they did not believe that they had received a copy of the plans. It was decided that District Manager Teague will send a copy of the plans to Doug Whalen, as well as, the email he had received.
C. Acquisition of Generator
District Manager Teague stated that the cost for a portable 50 kilowatt backup generator for lift stations and irrigation pumps is $28,000. After discussion, the Board decided that the generators they have now should be sufficient, and that further hurricanes will hopefully not be as severe as Hurricane Ian.
D. Bella Terra Boulevard Crosswalk
Supervisor Gibson stated that she believes there should be a sidewalk and crosswalk for the condos, and Chair Roth stated that there was another location that should be considered. They stated that residents have also requested crosswalks at these locations.
Doug Whalen commented that Phase 3 of the front entrance project is scheduled to be completed after the Corkscrew Road improvements are complete, and he suggested that any CDD projects and the HOA’s front entrance project could be completed at the same time.
The Board decided to delay the discussion on the installation of crosswalks until the Corkscrew Road improvements are complete.
E. Car Damaged from Pothole Near Clock Tower
The Board discussed maintenance of the roadway that the CDD had completed, the possible responsibility of the County for its maintenance, and the CDD’s liability for the damage to the car. After input from Attorney Urbancic and District Manager Teague, the Board believes that the CDD had not been negligent, and therefore, not liable. They decided to take no action at this time, except to send a letter to the resident.
On MOTION by Chair Roth, seconded by Supervisor Gibson, with all in favor, the Board approved the district manager to send a letter to the resident requesting compensation for the damage to their car, stating that the CDD does not believe that they have been negligent, and therefore, are not liable.
F. Trip and Fall Claim on Larino Loop
Attorney Urbancic stated that they have received the notice of the claim, including their request for a copy of the CDD’s insurance policy, which he subsequently sent to them. He is now waiting for a response.
G. Vegetation Maintenance at Irsina & TDL
K.J. had informed District Manager Teague that this location is a CDD easement, and he felt that it was the responsibility of the homeowner to maintain. Supervisor Licht stated that this has been discussed for an extended period of time, and that a criterion should be established once and for all. After discussion, the Board determined that this is not a CDD issue, and that it is the responsibility of the HOA, and they are responsible for enforcing homeowner compliance.
TENTH ORDER OF BUSINESS Financial Reports
A. Financials for November 2022
District Manager Teague reviewed the Financials, and stated that the fund balance is $1.3 mil, and although a negative budget variance of $161,000 is reflected, this should be resolved with the incoming assessments. He stated that there has been a lot of hurricane cleanup expense, but it is eligible for FEMA reimbursement.
On MOTION by Supervisor Gibson, seconded by Supervisor Napolitano, with all in favor, the Board accepted the November 2022 Financials, as submitted.
ELEVENTH ORDER OF BUSINESS Supervisor Requests
Supervisor Gibson commented that there is a street light that is continuously on, and Chris will investigate. He stated that addressing streetlight issues is delayed because of hurricane cleanup. Supervisor Gibson also commented that she will write an article for publication about the current composition of the Board, and she requested pictures from the Board members.
Supervisor Licht commented that she believes that a privacy screen should be installed at the Bella Terra and Bocalla pump station. She also believes that guidelines for putting Christmas lights and decorations on cul-de-sacs should be placed on the website. In addition, she commented that she has finished an article that informs the residents about the no trespassing requirements in the preserves, and she had given it to District Manager Teague to review.
Chair Roth commented that he would like to relinquish his responsibility for being the Board’s representative on the community’s building and grounds committee, and Supervisor Licht stated that she will take his place.
TWELFTH ORDER OF BUSINESS Audience Comments
A resident’s comment was unintelligible because of audio interference.