Amended Meeting Minutes for September 19, 2023
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, September 19, 2023 at 4 p.m.
Present (or attending via web conference) 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 (or attending via web conference):
Cal Teague – District Manager, Premier District Management, (PDM)
Chris Pepin – Field Manager, Community Field Services
Greg Urbancic – Attorney, Coleman Yovanovich Koester, PA
Charlie Krebs – Engineer, Hole Montes, Inc.
Melissa Gindling – Assistant District Manager, PDM
Felipe Lemus – PDM
James Meek – Supervisor Candidate
Greg Grimaudo – Supervisor Candidate
Robert Warner – Supervisor Candidate
Residents
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, Supervisor Candidates James Meek, Greg Grimaudo and Robert Warner, Melissa Gindling from PDM, and some Residents. Participating via web conference was Greg Urbancic, the Attorney, Charlie Krebs, the Engineer, and Felipe Lemus of PDM.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with all in favor, the Agenda was approved, as presented.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on Agenda items.
FIFTH ORDER OF BUSINESS Consideration of Resignation of Supervisor Joseph Napolitano
On MOTION by Supervisor Gibson, seconded by Supervisor Licht, with all in favor, the Board approved the resignation of Supervisor Joseph Napolitano.
SIXTH ORDER OF BUSINESS Consideration as to Filling Vacant Position and the Appointment to Fill Vacant Seat #5
District Manager Teague stated that the vacancy on the Board of Supervisors was advertised on the website, and 3 letters of interest were received. The letters were from Greg Grimaudo, James Meek, and Robert Warner.
Vice Chair Reno recommended postponing the selection of a new Supervisor until the Board can draft a list of questions to present to the candidates. Chair Roth and Supervisor Licht were in favor of selecting a Supervisor at this meeting, but Supervisor Gibson wondered what criteria is used for selection. Attorney Urbancic reviewed the criteria which had been set forth.
On MOTION by Supervisor Licht, seconded by Supervisor Gibson, with all in favor, the Board approved closing the applications and selecting a Supervisor at this meeting.
Each candidate was asked to explain their qualifications and interest in joining the Board:
Rob Warner stated that he would like to bring his engineering expertise to the Board, and he is also familiar with the community and its activities. He stated that he would like to bring positivity to the Board.
James Meek believes he may have some expertise that other members of the Board do not have. He also stated that he was President of the Master Board, and he is familiar with the actions and responsibilities of the CDD. He stated that he is familiar with the state laws governing the CDD and the Master Association and their differences. He stated that he has experience with the operations and infrastructure of the community, and he walks the community frequently.
Greg Grimaudo stated that he has experience with previous transitions in the community, including the Single Family Homes HOA. He stated that he has also worked with and negotiated with the CDD.
The Board voted by ballot, and the tally indicated the preference for James Meek for the vacant seat, and, after announcement of the vote, the Board voted to fill the vacancy.
On MOTION by Vice Chair Reno, seconded by Supervisor Licht, with all in favor, the Board appointed James Meek to fill Seat 5 on the Habitat Board of Supervisors.
James Meek was administered the Oath of Office by District Manager Teague.
Newly appointed Supervisor James Meek joined the meeting.
SEVENTH ORDER OF BUSINESS Resolution 2023-08: Board Reorganization
After discussion, the Board decided to retain the same officers on the Board.
On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with all in favor, the Board approved Resolution 2023-08, retaining Larry Roth as Chair, Norman Reno as Vice Chair, and the remaining Board members as Assistant Secretaries, with all other officers remaining in their current positions.
EIGHTH ORDER OF BUSINESS Consent Agenda
A. Items to Be Pulled for Discussion
No Items were pulled.
B. Motion to Approve Consent Items
On MOTION by Vice Chair Reno, seconded by Supervisor Meek, with all in favor, the Board approved all items on the Consent Agenda, as presented.
C. Consideration of Items Pulled for Discussion
D. Consent Items
i. Draft Audit Selection Committee Meeting Minutes for August 15, 2023
ii. Draft Regular Meeting Minutes for August 15, 2023
iii. Financial Report for August 2023
iv. Projects and Work Order Tracking Logs
v. FEMA Reimbursement Update
District Manager Teague explained a handout, that had been provided to the Board, which stated that a FEMA public assistance program delivery manager (PDMG) had uploaded a memo to the State grants portal for the eligibility review of all of our CDD applications, which indicated that when she had visited the community, she was not allowed access through the gate. Also included was a draft response letter from Premier District Management, and a copy of a legal opinion from the Heritage Palms CDD, which was used during the application for Hurricane Irma eligibility review.
District Manager Teague stated that the HOA had previously been informed that the public is allowed access to the community, which includes the PDMG. Supervisor Meek stated that this should not have happened because the gate orders had stated as such. Attorney Urbancic explained the liability of the CDD for public access in relation to its funding of the roads with tax exempt bonds. The Board asked staff to send a letter to the HOA, reminding them of the gate orders for this situation.
NINTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
District Manager Teague explained that No Limit works with Insight Irrigation for flush treatments for snail removal, and a different chemical was chosen for the treatments, but the rest of the process is about the same as was previously done. Included in the packet was information from Insight Irrigation about their process, and they stated that additional flush points will need to be added for a one-time cost of $25-35,000, and then the flush will be $12,000 with $2,000 in pump modifications. Field Manager Pepin stated that he is working with Estate to double-check the flush point locations, because there may be a few more that were not included on the map. District Manager Teague stated that a formal proposal has not been received as of yet. He stated that a letter of interest was also received from Stahlman England regarding chlorine treatments.
On MOTION by Chair Roth, seconded by Supervisor Gibson, with all in favor, the Board approved initiating snail treatments, after consultation between Vice Chair Reno and Premier District Management staff, not to exceed $55,000.
i. Mainline Breaks
District Manager Teague stated that there is now a contract with No Limit. Field Manager Pepin stated that they have been responsive to emergencies, but the communication is not ideal, and he has communicated this to them.
District Manager Teague stated that No Limit recommends adding a release valve, which will reduce the pressure when there is a mainline break. The Board approved this approach and asked that the valves be added to the GIS map.
On MOTION by Supervisor Gibson, seconded by Supervisor Licht, with all in favor, the Board approved the installation of a release valve when there is a mainline break during routine maintenance, not to exceed $500 per valve.
ii. Ongoing Filter Upgrades at Valve Boxes Discussion
The packet included a question from a resident regarding filter replacements. The homeowner was at the meeting and stated that the filters at her residence are continually clogged with snails, and her home has been without irrigation for the past few years. District Manager Teague stated that the CDD has installed the filter replacements in the past, but it is the responsibility of the HOA to do so.
On MOTION by Chair Roth, seconded by Vice Chair Reno, with all in favor, the Board approved notifying the HOA that they are responsible for the filter changeouts or replacements at the valve boxes, and they must have the issue at 20988 Torre del Lago resolved within 2 weeks.
B. District Manager
i. Resolution 2023-09: Fiscal Year 2024 Meeting Dates
District Manager Teague presented the 2024 meeting dates and the Board agreed to the dates.
On MOTION by Supervisor Meek, seconded by Vice Chair Reno, with all in favor, the Board approved Resolution 2023-09, setting the Fiscal Year 2024 meeting dates on the 3rd Tuesday of every month at 4:00 p.m.
C. Field Manager
i. Current Field Report
Field Manager Pepin reported on the following issues:
Field Manager Pepin reported that the condition of the lakes is improving.
He stated that there is a washout near Lake 10, and he has asked Estate to repair it.
He reported that the silt barrier at the new pool construction has failed, and he sent a letter to the homeowner at 21234 Bella Terra Boulevard to have it repaired as soon as possible.
He stated that preserve maintenance will be completed later this month.
He stated that the trail camera indicated only two young people near Lake 17 in the past month.
Field Manager Pepin reported that there are approximately 19 solar markers on the roadways which are not functioning. He stated that he will research other markers which would be of better quality.
He stated that Estate had planted vegetation near the emergency gate, and he believes that more vegetation might be needed after construction is complete.
He noted that a shady lady tree had died, and it was stated that the Master is responsible.
He stated that there was a drainage blockage at 21019 Torre del Lago. Letters have been sent to the homeowner, and K.J. Moses will follow up.
He stated that there are some large dead pine trees in one of the preserves, and he stated that they will be removed, because they are a threat to nearby houses.
District Manager Teague also noted that he received a call from the permit department regarding some tree removals or replacements but had not received a follow-up call as of yet.
ii. Project Updates
a. Lake Bank Repair
Field Manager Pepin reported that the warranty repairs are scheduled to be completed in late October or early November.
b. Alligator Signage
Chris stated that the signs are still to be created at Lykins, so the installation is still delayed.
c. Sidewalk Repairs
Chris stated that he is having difficulty locating a contractor for such a small job, and he will continue to search.
d. Guardhouse Repairs
Field Manager Pepin stated that they expect to install the slider door on October 23rd and 24th. D&G is scheduled to complete the asphalt repairs on October 25th, and the pressure washing is scheduled to be completed on October 26th.
D&G had provided an estimate for an additional $2,500 for traffic control, which includes renting 200 traffic cones for a week.
On MOTION by Supervisor Gibson, seconded by Supervisor Licht, with all in favor, the Board approved an additional $2,500 to D & G’s original proposal for traffic maintenance devices.
D. Attorney
i. Trip and Fall Lawsuit Update
Premier District Management had originally been included in the lawsuit, and Attorney Urbancic reported that they have now been dismissed, and the Habitat CDD is the only defendant. The insurance company’s attorney has filed a motion for dismissal.
Attorney Urbancic reported that the special powers petition has been sent to the Village, and he is waiting to be informed about their decision after their upcoming Board meeting.
E. Engineer
i. Emergency Exit
Engineer Krebs noted that Collier Paving had re-submitted the right of way permit, and they are trying to work out the last two comments on the permit application, so construction is still held up due to County delays in completing the permission process.
a. Location of Gate Installation
Supervisor Roth asked why the gate had been installed in a different location than the original blueprints. Engineer Krebs noted that it had been previously decided to relocate the gate adjacent to the sidewalk, so there was no room for people to walk between the sidewalk and the gate. It had also been decided to landscape the area to fill in the spaces where vegetation had been removed from the berm after construction was complete. However, it has been installed ahead of schedule, which he did not recommend.
In regards to the materials Collier Paving stored, Charlie stated that they are responsible if any of the blocks are missing, and it was noted that they were not neatly stored or appropriately secured. He realizes that a long period of time had passed while they were waiting for the County’s permission for the construction. The Board asked that Collier Paving clean up the site.
b. Consideration of Additional Vegetation
It was noted that additional vegetation may be needed after construction is complete.
TENTH ORDER OF BUSINESS Discussion/Action Items
A. CDD/HOA Maintenance Contract Negotiations
There was discussion on the specific responsibilities and actions of the HOA and the CDD with the current contract, and the potential plan to be negotiated. The Board decided to schedule a workshop before the January meeting to discuss each entities responsibilities. They also asked staff to prepare figures and estimates for the cost of maintenance items that are on the list for negotiation.
On MOTION by Supervisor Licht, seconded by Supervisor Meek, with all in favor, the Board approved the scheduling of a workshop to consider the new maintenance agreement with the HOA on January 16, 2024 at 3:00 p.m.
i. Gatehouse Responsibilities
Chair Roth had drafted a checklist for gatehouse responsibilities, and he asked that the Board continue to provide their suggestions for additions and subtractions.
ii. Irrigation Responsibilities
It was noted that a statement will need to be included in the maintenance agreement that the CDD is responsible for the mainlines up to the valve boxes, and the rest is the responsibility of the HOA.
B. Cul-de-Sac Maintenance Contracts Update
It was noted that letters had been sent to the HOA, notifying them of the termination of the cul-de-sac maintenance agreement and asking for a mutual agreement on the termination date. One or more of the HOA sub-associations had asked if the termination date was negotiable, and the Board agreed to let the District Manager negotiate termination dates up to December 31, 2023. It was also noted that these agreements only cover landscaping. In addition, the Board decided to start obtaining an inventory of what is currently in each cul-de-sac.
On MOTION by Supervisor Licht, seconded by Chair Roth, with all in favor, the Board approved the District Manager to negotiate with the HOA sub-associations the termination date of the cul-de-sac maintenance agreement up to December 31, 2023, with the understanding that it only refers to landscaping.
C. New Maintenance Service for the Clock Tower Pools
Field Manager Pepin stated that VIP Pools has provided a maintenance proposal to take over the clock tower pools for $1,100 a month, which includes 3 vacuums to the upper tier pools. We are currently paying $500 per cleaning for those pools, as needed. Filter replacement is also much cheaper at $800 compared to the $1,800 that we paid this past year. The Board decided to terminate the contract with Water Works in October, if the contract allows, and hire VIP Pools.
On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with all in favor, the Board approved terminating the contract October 1, 2023 with Water Works for clock tower pools maintenance, if the current contract allows, and hiring VIP Pools, who will begin maintenance after the current contract ends.
D. Water Softener System for Clock Tower Fountain
Vice Chair Reno provided the initial cost of $22,000 for installation of the system and explained the specifics of maintenance, and it was noted that this system is very expensive. After discussion, the Board decided to table this discussion until January when they can evaluate how the new contractor handles the issue of calcification.
E. Request to Have Dwarf Ixoras Trimmed
Supervisor Licht reviewed the request from the Landscape Committee, asking that the CDD trim the dwarf ixoras around the signposts throughout the community. Estate provided a proposal to complete this task for $1,875.00.
On MOTION by Supervisor Gibson, seconded by Supervisor Meek, with all in favor, the Board approved the Landscape Committee request to trim the dwarf ixoras around the signposts throughout the community, not to exceed $1,875.
F. Resident Request for Additional Trees Between 21267 and 21299 Bella Terra Boulevard
A resident requested the installation of additional trees in this section of Bella Terra Boulevard. After discussion, it was decided to deny the request.
On MOTION by Chair Roth, seconded by Vice Chair Reno, with 3 in favor and Supervisors Licht and Gibson opposed, the Board denied the request to plant additional trees between 21267 and 21299 Bella Terra Boulevard.
G. Sidewalk/Gutter Pressure Washing Proposals
Field Manager Pepin reviewed two proposals that were received for pressure washing. The first one proposes to clean around the guardhouse and clock tower pavers for $349.80. The second proposal is to clean the entire community for $22,000 which would include the guardhouse and clock tower pavers. If the CDD wanted to go into a 3-year contract the price comes down to $19,500 each year.
On MOTION by Supervisor Meek, seconded by Supervisor Licht, with all in favor, the Board approved Triple Crown Pro Wash to power wash all of the concrete every 3 years, starting on Torre del Lago, beginning in October 2023, not to exceed $19,500.
ELEVENTH ORDER OF BUSINESS H.O.A. Report
There was no HOA report.
TWELFTH ORDER OF BUSINESS Supervisor Requests
Supervisor Gibson mentioned that Villas I has been upset about the amount of spike rush in the lakes. Staff will send Supervisor Gibson some articles on the value of littorals that she can pass along to Villas I.
Chair Roth requested that the Board send articles to staff for the Bella Terra Newsletter. He also requested that the Board present a plaque of thanks to former Supervisor Napolitano. He will be asked to attend the next meeting for the presentation.
THIRTEENTH ORDER OF BUSINESS Audience Comments
Susan Prock commented about new crosswalk signs that she had seen at Disney Springs.
FOURTEENTH ORDER OF BUSINESS Adjournment
Chair Roth adjourned the meeting at 6:53 p.m.
The Next Regular Meeting is October 17, 2023 at 4:00 p.m.