Continuation Meeting Minutes for January 29, 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, January 29, 2025 at 4 p.m.
Present and constituting a quorum were:
Larry Roth – Chair
Norman Reno – Vice Chair
Linda Lea Gibson – Assistant Secretary
Jenny Licht – Assistant Secretary
James Meek – Assistant Secretary
Also present:
Cal Teague – District Manager, Premier District Management (PDM)
Mandie Rainwater – Assistant District Manager, PDM
David Schmitt – Engineer, Bowman Engineering
Brian Fennell – CEO, iEmulsions
Sixteen Residents
Attending remotely:
Greg Urbancic – Attorney, Coleman, Yovanovich & Koester, P.A.
Chris Pepin – Field Manager, Community Field Services
Melissa Gindling – Assistant District Manager, PDM
Five 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
Chair Roth called the meeting to order at 4:00 p.m., and the roll was called. All Board members were present. Also in attendance were Cal Teague, the District Manager, Mandie Rainwater, Assistant District Manager, David Schmitt, the Engineer, Brian Fennell from iEmulsions, and Sixteen Residents. Attending remotely were Greg Urbancic, the Attorney, Chris Pepin, the Field Manager, Melissa Gindling, Assistant District Manager, and Five Residents.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
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 November 19, 2024
ii. Financial Report for November 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.
Engineer Schmitt inspected the area and presented a site plan that will bring the swale back into compliance. The resident is still asked to pay $500 for removing the silt from his construction project, and Pristine Lakes quoted $7,200 to completely restore the swale. The Board decided to seek additional quotes. Engineer Schmitt suggested that cleaning the grates more frequently will improve the conveyance of water, and the Board asked Field Manager Pepin to inspect them on a regular basis.
iii. Debris located at 21001 Bella Terra Blvd
iv. Applications for CDD Property Use Updates
C. Field Manager
i. Field Report
Field Manager Pepin distributed a handout with a proposal from Pristine Lakes for the removal of exotics in an area controlled by the HOA, which is overrun with Brazilian Pepper. He presented mulching with additional services as Option B. Supervisor Meek reminded the Board of the letters from the County about these exotics and the cost to remove them.
On MOTION by Supervisor Gibson, seconded by Supervisor Licht, with all in favor, the Board approved cutting down and mulching Brazilian Pepper with additional services.
ii. Project Updates
a. Storm Water Management System Inspection Update
The packet included the results of the inspection and two cleaning proposals, one for cleaning 25% and up for $123,800 or 40% and up for $56,800. This was tabled to allow more time for the Supervisors to read the report.
D. Attorney
i. Levine Litigation Update
ii. Mary Ann Lauria Update
iii. Kenneth Jay Riha Update
E. Engineer
i. Emergency Exit Update
a. Quote for Oaks
It was decided that the holly trees will remain in place until the Board provides direction on where to move them. Supervisor Licht is working with Estate on this project. Once the oaks are installed, Engineer Schmitt will inspect the site.
ii. Road Project Update
The Board was unhappy with the project thus far. A letter from Management was sent to the Board and shared with the community which highlighted the concerns of residents and the Board.
Management and other staff met with the vendor to determine the needed improvements. Engineer Schmitt provided a summation of that meeting and other documents, including improvement proposals for the project. The summary included:
A letter of concern was from the Bella Terra Villas II HOA.
A letter from resident Louis Tancredi.
An updated email from staff and a log of calls from residents with their concerns.
HOA watering requests from Estate Landscaping, which included $2,040 to hire a watering truck for 24 hours to water sensitive plantings, and $680 to water the soccer field for 8 hours.
A Bowman Engineering site report for January 25th and January 26th.
The final notice of non-compliance from the CDD to the vendor.
Upon request from the Engineers the project was paused on January 28th. The irrigation was turned on January 29th. If approved by the Engineers, the vendor asked to restart on January 30th. The new schedule submitted by the vendor stated that the work would be done in the daytime, and the project would be complete by February 8th.
Brian Fennell from iEmulsions was available to answer questions, explain challenges and provide information for concerned Board members and residents. He discussed the errors of over applying the product, and relying on the four core samples to provide the spray rate. Ceceina was one of the four samples, and it is not like the asphalt in the rest of the community, which caused too much product to be sprayed. Brian presented a schedule with the areas that will be treated. He stated that the plans moving forward will be attached to an MOT. The anticipated restart date is February 1st.
Traffic control was discussed, and Brian stated that delivery and vendor vehicles did not follow direction. Supervisor Meek inspected some areas that had been treated and presented his observations. One issue is that the rejuvenator is not drying, and Brian explained how this will be remedied. Supervisor Licht asked about staining and drainage, and Chair Roth asked about patching. The irrigation schedule was discussed, as well as, the use of water trucks.
Engineer Schmitt stated that, until the vendor can provide them with certain pieces of information, they cannot allow the project to resume.
SEVENTH ORDER OF BUSINESS Discussion/Action Items
A. HOA/CDD Maintenance Contract Negotiations Update
i. Executed Extension With HOA
Another extension was signed, which will expire February 28, 2025.
ii. Current Draft of Contract
Attorney Urbancic drafted a new contract, which is Version 15, and he provided a redlined hard copy. He stated that the CDD committee met and discussed the post orders, and it was determined that they will not be included in the contract, since the HOA is responsible for them.
Another item discussed was asking for the Attorney General’s opinion on the question of the roads as public or private, since there is no specific State statute that supports Attorney Urbancic’s opinion. Attorney Urbancic did not recommend this, because the Attorney General has no obligation to provide an opinion, and it could be expensive.
Version 15 of the maintenance agreement will be sent to the HOA for their approval.
On MOTION by Supervisor Licht, seconded by Supervisor Meek, with all in favor, the Board accepted Version 15 of the maintenance agreement between the HOA and the CDD.
iii. Guardhouse Door Handle Update
The door handle has been repaired.
iv. Post Order Revisions
The HOA response to Version 14 was that they would like to use their version of the post orders, which reinstates denial of entry. As discussed above, the Facilities and Maintenance team have presented Version 15 which includes the removal of the post orders from the agreement. However, Attorney Urbancic reminded the Board that the HOA would still need to operate the gate to the effect that the roadways are public. Failure to allow in the public could be grounds for default on the contract.
B. Lakes to be Transferred from HOA to CDD Follow-up
C. Water Softener Proposals for Clock Tower Pools
This was tabled until the February meeting. Supervisor Licht requested a summary of all of the data, and Vice Chair Reno will provide for the next agenda in February.
D. Clock Tower Tile Replacement Proposal
E. Cul-de-sac Ride Around Report
The previously submitted report was tabled at the November meeting due to Supervisor Licht’s absence. Supervisor Licht was displeased with the vendors responses to correcting issues. She stated that the holly trees will be installed on Bella Terra Boulevard. She will address the missing Sylvester or foxtail on Bosco.
In the packet there were 2 proposals from Estate for replacing vegetation in the cul-de-sacs. The first was for $675.46, and the second was for $685.23.
On MOTION by Supervisor Licht, seconded by Supervisor Meek, with all in favor, the Board approved two proposals from Estate to replace vegetation in the cul-de-sacs, not to exceed $675.46 and $685.23.
F. Irrigation Pump Repairs Proposal
There is a proposal from Napier for repairs of aerators at pumps 6,5, and 2. During the latest maintenance event Napier found 2 meters not functioning and a bad VFD drive. They recommended replacing these items for a total cost of $18,307.53. The repairs have already been completed.
On MOTION by Supervisor Licht, seconded by Supervisor Gibson, with all in favor, the Board approved repairs to irrigation pumps, not to exceed $18,307.53.
EIGHTH ORDER OF BUSINESS H.O.A. Report
KJ Moses stated that contacting the Attorney General was mentioned in their meeting, and the HOA was in favor of it. He also stated that he is not sure how the facilities and maintenance agreement has come to this point, when the primary focus was originally the maintenance of landscaping, trees, and lakes. He does not believe that gate access and public access should be a part of the agreement.
NINTH ORDER OF BUSINESS Supervisor Requests
Supervisor Gibson does not believe the residents know what the CDD is and would like to create a summary of what the CDD does and send an eblast to the community. One issue is that residents are submitting work orders to the HOA system that should be reported to the CDD.
TENTH ORDER OF BUSINESS Audience Comments
Jim Chasse commented about late notification that the irrigation is on during the road project. He also asked about the time frame that the roads have public access.
Diane commented on Section 6Bii 21019 TDL. She stated that there were no problems with drainage in the 5 years since the CDD addressed this area. Issues developed when a pool was constructed.
Pamela Whitfield from the Condos Association commented about issues with irrigation, causing many plants to be stressed.
Bob Vaa asked if irrigation can be isolated to certain areas. Field Manager Pepin stated that the valves would need to be turned off community wide and changed by hand every day. This would also result in challenges to the system.