Amended Meeting Minutes for January 16, 2024
Habitat
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, January 16, 2024 at 4 p.m.
Present and constituting a quorum were:
Larry Roth – Chair
Norman Reno – Vice Chair
Jenny Licht – Assistant Secretary
Linda Lea Gibson – Assistant Secretary
James Meek – Assistant Secretary
Also present:
Cal Teague – District Manager, Premier District Management, (PDM)
Chris Pepin – Field Manager, Community Field Services
Melissa Gindling – Assistant District Manager, PDM
Residents
Attending remotely:
Greg Urbancic – Attorney, Coleman Yovanovich Koester, PA
Charlie Krebs – Engineer, Hole Montes, Inc.
One resident
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, Melissa Gindling from PDM, and Several Residents. Participating remotely were Greg Urbancic, the Attorney, and Charlie Krebs, Engineer.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 7H: Plati Court Sabal Palm Trimming Proposal
Add 7I: Roadway Repair Proposal for 20462 Ardore Lane
On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with all in favor, the Agenda was approved, as amended.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on Agenda items.
FIFTH ORDER OF BUSINESS Consent Agenda
A. Items to Be Pulled for Discussion
There were no items pulled. District Manager Teague noted that the December financial report had been delayed, and will be sent out to the Board as soon as available.
B. Motion to Approve Consent Items
On MOTION by Vice Chair Reno, seconded by Supervisor Licht, with all in favor, the Board approved all Consent Items, as presented.
C. Consideration of Items Pulled for Discussion
D. Consent Items
i. Draft Regular Meeting Minutes for December 19, 2023
ii. Financial Report for December 2023
iii. Project Tracking Logs
SIXTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
i. Irrigation Line Treatments Follow-up
Field Manager Pepin reported that complaints regarding irrigation have been minimal, and the pumps are still being shut down at night. The irrigation contractor will be installing the additional flush valves starting next week. Field Manager Pepin also noted that if the Board has any questions for the irrigation contractor, to please send over to him and he will ask the contractor.
District Manager Teague reported that the pump contractor Ed Napier hasn’t billed the CDD in over a year, and then recently sent over his bills for the entire year. The contractor has been notified to not do this in the future.
B. District Manager
i. FEMA Reimbursement Update
District Manager Teague reported that they continue to monitor the FEMA Grants Portal for the submission of an eligibility determination memorandum, and none have been posted as of yet.
ii. Ownership Issues Follow-up
Supervisor Meek reported that he had a successful meeting with KJ from the HOA, and the HOA seems open to transferring some of the properties in question, especially the property along the lakes. The HOA is not sure about transferring the property near the roadway, as they are concerned the CDD will not maintain the areas to community standards. It was suggested that the CDD could add assurances regarding the level of maintenance to the proposed agreement. The Board asked staff to proceed with a quit claim deed, which would require the Engineer to survey the area and the Attorney to draft the agreement. Staff was instructed to work with Supervisor Meek on this project.
iii. Manhole on Serre Drive
District Manager Teague reported that no evidence had been found regarding any water/utility companies entering the community on this date. The situation has been handed over to the CDD’s insurance company to research further.
C. Field Manager
i. Current Field Report
Field Manager Pepin reviewed the report and the following issues were discussed:
The lakes are in good shape, but he noted some trash and a few exotics present.
The wooden box that had been built by a resident over the aerator cabinet on Lake 4 has not been put back up.
A washout needs to be repaired again on Lake 10.
There are many coconuts collecting in Lake 17, and a letter has been sent to the resident requesting they are cleaned up.
He asked West Coast Electric to put together a proposal for repairing some of the solar lights that are down.
The plants near the stop signs had been pruned, and it was noted that some of them had died off. The Board asked for them to be replanted.
He noticed the concrete on a catch basin had been chipped, and he added this to the repair log.
He asked Ed Napier to repair a door that had fallen off of the pump station, and reported a leaking flush out line to No Limit.
VIP Pools had recently corrected the poor water quality in the clock tower fountain.
He will be inspecting the clock tower for damages from any holiday decorations.
Supervisor Reno reported a tree branch had fallen down by the preserve near 21832 Bella Terra Boulevard, and asked Chris to have it removed.
ii. Project Updates
a. Lake Bank Repair
The project is almost complete, and there are just a few areas that require some more sod. Field Manager Pepin recommended that the Engineer inspect the project for final approval.
b. Sidewalk Repairs
Vice Chair Reno’s suggested corrections had been provided to the contractor, but they haven’t completed any of these corrections. The contractor recently asked for payment, but Chris hasn’t received a response to the complaints. Engineer Krebs suggested he could provide the state specs for concrete repair. Attorney Urbancic noted that the CDD has to follow the prompt payment act and would also need to provide notice of liability regarding the requested repairs. He suggested staff look at the original contract.
c. Street/Sidewalk Cleaning Concerns
The contractor has completed the project and overall Field Manager Pepin and Chair Roth gave him a “C” rating. They both felt the street gutter pans could have been cleaned better, however the contractor states they will get cleaner after the second cleaning. The contractor also recommended a soft wash application that would kill any growth within the gutters, and also keep them cleaner throughout the year. The Board decided to try another contractor, and see if they can provide better service.
D. Attorney
i. Trip and Fall Lawsuit Update
Attorney Urbancic stated that there were no recent updates on this case, and it is still scheduled for later in the year.
ii. Gatehouse Post Orders
Attorney Urbancic reported that PDM staff made revisions to the gatehouse post orders which appear to cover the needed requirements for public roads. He had a few follow-up questions which he will send over to staff, and also noted that the HOA will have to review these revisions.
Attorney Urbancic also reported on some pending legislative items which may affect CDDs. He reminded the Board that it is a general election year, and the qualifying period will be in June. He will also be sending out some additional links for the required ethics training.
E. Engineer
i. Emergency Exit Update
Engineer Krebs reported that the recent rain has delayed the installation of the pavers. He is in contact with the vendor and will provide an update once they are complete.
ii. Native Plant Options for Emergency Gate Area
Engineer Krebs offered to have a representative from his office come out to discuss this project. Supervisor Licht and Don from Estate are working on putting together a proposal.
iii. Roadway Inspection Estimate
Engineer Krebs provided an estimate of $4,500 for the engineering time on this project. He noted this does not include any core sampling estimates, and he is looking into a vendor who can provide that component.
On MOTION by Chair Roth, seconded by Vice Chair Reno, with all in favor, the Board approved the roadway inspection project, not to exceed $4,500 in engineering costs, and asked Engineer Krebs to provide an estimate for having core samples taken.
iv. Drainage Concern at 21019 Torre Del Lago
Engineer Krebs reported his office will go out this week to inspect the swale at this address.
v. Street Sinking Concern
Engineer Krebs reported that the Engineers will look at this area during the roadway inspection. Field Manager Pepin will also send over some areas of concern.
SEVENTH ORDER OF BUSINESS Discussion/Action Items
A. Cul-de-sac Planting Update
The Board asked Don from Estate to put together a proposal for these cul-de-sacs.
B. Proposals for Tree Trimming Along Bella Terra Blvd
Estate provided an estimate of $8,775 to hurricane prune 112 hardwoods along the main boulevard for the CDD. Vice Chair Reno noted he felt this was an HOA responsibility. Field Manager Pepin stated that 78 of the trees are on the boulevard while the rest are along the shorelines. The Board tabled this issue for now, while the maintenance contract negotiations are in progress.
C. Guardhouse Repairs Update
Supervisor Licht and Vice Chair Reno are working on this project, and Vice Chair Reno will be putting together an estimate for the desk repairs.
D. Electricity Charge Back to the HOA for Holiday Decorations
Chair Roth suggested charging the HOA for the use of the CDD’s electricity for holiday decorations. Staff is putting together an estimate of the cost.
E. Review of Updated Erosion Map and Cost Summary Sheet
Field Manager Pepin presented an updated lake erosion map for the Board’s review. District Manager Teague suggested that money could be appropriated in next year’s budget for additional lake bank restoration.
Supervisor Licht stated she would like to have some muhly grass planted along some of the lakes.
On MOTION by Supervisor Licht, seconded by Supervisor Meek, with all in favor, the Board approved the installation of muhly grass around some of the lakes, not to exceed $2,500, and directed Supervisor Licht to work with Field Manager Pepin to choose the locations for installation, and also that the grass should not impede fishing.
F. Request for Installation of Traffic Hawk on CDD Light Pole
The HOA had requested that a Traffic Hawk camera be temporarily installed on one of the CDD’s light poles.
On MOTION by Supervisor Meek, seconded by Supervisor Gibson, with Chair Roth and Vice Chair Reno opposed, the Board approved the installation, as long as the HOA confirmed the location of installation, used a rubber-coated chain, the HOA was liable for any damages caused by the installation.
G. Appointment of CDD Negotiator for Maintenance Agreement
The Board agreed to appoint resident Bob Vaa as the CDD’s negotiator for the maintenance agreement. They also encouraged the HOA to appoint a resident representative. Staff will send Mr. Vaa any backup documentation needed, and District Manager Teague reminded everyone that Mr. Vaa could meet with each Supervisor separately outside of meetings but could not take a vote from the Board outside of a public meeting.
On MOTION by Supervisor Licht, seconded by Supervisor Gibson, with all in favor, the Board appointed Bob Vaa as CDD negotiator for the maintenance agreement negotiations.
H. Plati Court Sabal Palm Trimming Proposal
Field Manager Pepin presented this proposal, and stated he was not sure who requested it.
On MOTION by Supervisor Licht, seconded by Supervisor Gibson, with all in favor, the Board denied the proposal for palm trimming.
I. Roadway Repair Proposal for 20462 Ardore Lane
The Board tabled this item until the Engineer conducts the roadway study.
EIGHTH ORDER OF BUSINESS H.O.A. Report
There was no report from the HOA.
NINTH ORDER OF BUSINESS Supervisor Requests
There were no Supervisor requests.
TENTH ORDER OF BUSINESS Audience Comments
Suzanne Benetti commented about the quality of the sidewalk and gully cleaning. The Board clarified that they are looking into hiring another vendor for this concern. Suzanne also suggested that Supervisors attend a ride around with the HOA’s Landscaping Committee.
Diane Meek commented that the sod along Torre Del Lago had still not been replaced. Field Manager Pepin will remind Estate they need to complete this project.
ELEVENTH ORDER OF BUSINESS Adjournment
Chair Roth adjourned the meeting at 5:53 p.m.