Continuation Meeting Minutes for February 26, 2025
Habitat
Community Development District
A continuation 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 Wednesday, February 26, 2025 at 4 p.m.
Present and constituting a quorum were:
Larry Roth – Chair
Norman Reno – Vice Chair
Linda Lea Gibson – Assistant Secretary
James Meek – Assistant Secretary
Attending remotely and arriving later:
Jenny Licht – Assistant Secretary
Also present:
Cal Teague – District Manager, Premier District Management (PDM)
Mandie Rainwater – Assistant District Manager, PDM
David Schmitt – Engineer, Hole Montes
KJ Moses – HOA Liaison
Bob Vaa – Resident
Residents
Attending remotely:
Greg Urbancic – Attorney, Coleman, Yovanovich & Koester, P.A.
Melissa Gindling – Assistant District Manager, 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
Chair Roth called the meeting to order at 4:00 p.m., and the roll was called. Four Board members were present, and Supervisor Licht attended remotely, and arrived at the meeting at 4:03 p.m. Also in attendance were Cal Teague, the District Manager, Mandie Rainwater, Assistant District Manager, David Schmitt, the Engineer, and Six Residents, including Residents Bob Vaa, and KJ Moses of the HOA. Attending remotely were Greg Urbancic, the Attorney, and Melissa Gindling, Assistant District Manager.
On MOTION by Supervisor Meek, seconded by Supervisor Gibson, with all in favor, the Board approved Supervisor Licht’s attendance remotely.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
Bob Vaa reminded the CDD that they were elected to do what is best for the community.
Richard Smith agreed with Mr. Vaa’s statement. He also commented on Vice Chair Reno’s remarks and Attorney Urbancic’s communications.
FIFTH ORDER OF BUSINESS Consent Agenda
A. Items to Be Pulled for Discussion
B. Motion to Approve Consent Items
C. Consideration of Items Pulled for Discussion
D. Consent Items
i. Draft Meeting Minutes for January 21, 2025 and January 29, 2025
ii. Financial Report for January 2024
iii. Project Tracking Logs
SIXTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
B. District Manager
i. FEMA Reimbursement Update
ii. Drainage Concern at 21019 Torre Del Lago St
iii. Debris located at 21001 Bella Terra Blvd
iv. Applications for CDD Property Use Updates
C. Field Manager
i. Field Report
ii. Project Updates
a. Storm Water Management System Inspection Update
D. Attorney
i. Mary Ann Lauria Update
The District Management office was notified that the insurance provider has offered a settlement.
ii. Kenneth Jay Riha Update
E. Engineer
i. Emergency Exit Update
ii. Road Project Update
The Pavement Group submitted Change Order #4 for a total of $270,337 for costs associated with the road project. District Managger Teague stated that he, Assistant District Manager Rainwater, Engineer Schmitt and Chair Roth met, and Attorney Urbancic provided input remotely. They decided that they do not recommend paying these charges. There was discussion on damages to residents’ property.
In addition, the end of the contract with the vendor is February 28th, and The Pavement Group requested in writing a 30-day extension to complete the project.
On MOTION by Supervisor Meek, seconded by Vice Chair Reno, with all in favor, the Board denied Change Order #4 from The Pavement Group.
On MOTION by Supervisor Meek, seconded by Chair Roth, with all in favor, the Board denied The Pavement Group a 30-day extension.
After discussion, it was decided that the Board will issue a letter with the assistance of Attorney Urbancic, that would allow the 30-day extension, if the vendor waived Change Order #4, requested no additional funds, provided a schedule to the District for approval, with no cure period for the failure to complete the project. Staff will send the letter as soon as possible.
On MOTION by Vice Chair Reno, seconded by Supervisor Gibson, with all in favor, the Board approved sending a letter, with the Attorney providing assistance for its language, to The Pavement Group, stating that they are in violation of the contract, they have 7 days to submit a remediation schedule for the Board’s approval, and 30 days to correct the violation, and waiving Change Order #4, requesting no additional funds, and if this is not completed to the Board’s satisfaction, the CDD reserves the right to terminate the contract and seek any damages.
a. Estate Irrigation Invoice
Estate provided another invoice for $458.15. The Board would like this additional invoice explained, as well as the other two invoices. This is tabled until Estate can itemize the invoices.
SEVENTH ORDER OF BUSINESS Discussion/Action Items
A. HOA/CDD Maintenance Contract Negotiations Update
i. Executed Extension With HOA
ii. Current Draft of Contract
Supervisor Licht arrived at the meeting at 4:03 p.m.
Vice Chair Reno commented on the history of agreements between the HOA and the CDD. He also believes the HOA should have accepted the Post Orders as Attorney Urbancic recommended. Supervisor Meek agreed that the CDD should ensure the gate is kept public, that the records are kept well, and that the CDD should accept responsibility for the 2 lakes and the utility easements. Supervisor Licht stated that she and Mr. Moses spoke, and he stated that the HOA’s stance is that non-residential access will be controlled by the guardhouse attendants under the control of the CDD. After extensive discussion, the CDD and the HOA came to a decision on the HOA/CDD facilities and maintenance agreement.
On MOTION by Supervisor Licht, seconded by Supervisor Meek, with 4 in favor, and Vice Chair Reno opposed, the Board approved the facilities and maintenance agreement as presented by the HOA, removing Section 3Ai and corresponding exhibits.
iii. Guardhouse Door Handle Update
iv. Post Order Revisions
B. Lakes to be Transferred from HOA to CDD Follow-up
C. Water Softener Proposals for Clock Tower Pools
Vice Chair Reno provided water level and water usage proposals for the pools. It appears that since the autofill valve was replaced, the water quality has stabilized and is improving. Imbalances in chemicals resulted from the vendor’s actions when maintaining the pools, so Field Manager Pepin contacted them, and they have assigned a different technician to regulate the chemicals. This was tabled.
D. Clock Tower Tile Replacement Proposal
Included in the packet is the comparison of each of the clock tower replacement proposals received. Vice Chair Reno also provided a suggestion that is included in the comparison chart as well. This was tabled.
E. Aerator Noise at 21764 Belvedere Ln
The resident requested that the CDD place a timer on the aerator behind their home, so it will be off between 5:00 p.m. and midnight, so they can enjoy the outdoors.
Supervisor Meek stated that a timer should be placed on the aerator, and the Board agreed. Field Manager Pepin will be notified to install the timer.
EIGHTH ORDER OF BUSINESS H.O.A. Report
KJ Moses stated that he and Assistant District Manager Rainwater will coordinate the finalization of the agreements and the signatures. He also stated that the HOA elections are in the near future, and three of the Master Board members will be new.
NINTH ORDER OF BUSINESS Supervisor Requests
Chair Roth stated that he is resigning as the CDD Liaison to the Building and Tangibles committee. He requested that the other Board members consider taking his place.
TENTH ORDER OF BUSINESS Audience Comments
Bob Vaa thanked the Board for finalizing the facilities and maintenance agreement.
Jim Chasse is concerned about public access to the community, and how the guards will carry out the procedures.
Matt Elliot wondered if the CDD really wants to assume responsibility for the guardhouse. He believes the CDD may not understand the guardhouse specifics. He also asked Vice Chair Reno why he voted against the facilities and maintenance agreement.
