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, March 18, 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, Hole Montes
David Euler – Allied Security
Twelve Residents

Attending remotely:

Greg Urbancic – Attorney, Coleman, Yovanovich & Koester, P.A.
Melissa Gindling – Assistant District Manager, PDM
Glenn Sullivan – Allied Security

The following is a summary of the actions taken at the Habitat Community Development District Board of Supervisors Meeting.

The meeting was called to order, 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; David Euler from Allied Securiy, and Twelve Residents. Attending remotely were Greg Urbancic, the Attorney; Melissa Gindling, Assistant District Manager; and Glenn Sullivan from Allied Security.

Diane Meek commented that irrigation has been minimal during the road project, and she requested that it be turned back on. She also is concerned that plantings destroyed during the road project will not be replaced and will be the responsibility of homeowners. In addition, she commented that the solar light at a crosswalk has been out for some time, and it is a safety issue. She would have liked notice that maintenance staff would be working in the preserves and might be on her property. She commented that there is a lot of debris in the preserves near her home, and she was concerned about the possibility of fires.

A. Items to Be Pulled for Discussion

No item was pulled.

B. Motion to Approve Consent Items

C. Consideration of Items Pulled for Discussion

D. Consent Items

i. Draft Meeting Minutes for February 18, 2025 and February 26, 2025

ii. Financial Report for February 2025

iii. Project Tracking Logs

iv. 2025 Arbitrage Report

A. Irrigation Contractor

District Manager Teague stated that irrigation will be off until the project is complete, which is expected in the next few days.

Staff is also in the process of obtaining a proposal to better control the irrigation system for future needs. They hope that it will be available in April.

B. District Manager

i. Fiscal Year 2026 Budget Discussion: Project Ideas/Goals

District Manager Teague stated that the initial draft of the Budget will be submitted in the near future. If Supervisors have suggestions or requests for the Budget, they are asked to email Assistant District Manager Rainwater before March 28th.

ii. FEMA Reimbursement Update

Lee County’s opinion about the reasons for denial of FEMA reimbursement is included in the packet. Staff has received no response from the Florida officials that were contacted.

iii. Drainage Concern at 21019 Torre Del Lago St. Update

District Manager Teague reported that Pristine Lakes’ proposal was accepted, and they will complete the project by the end of the month.

iv. Debris located at 21001 Bella Terra Blvd Update

District Manager Teague reported that the resident was sent another letter, and there has been no response. After discussion, the Board decided that they will no longer pursue payment, because of the cost of a lawsuit.

v. Letters to Residents

Included in the packet is the letter that was sent last month, and the resident responded that it was Estate’s responsibility. Staff contacted the HOA, and they communicated with Estate. Estate has since cleaned up this debris, even though they deny it was caused by their crew.

C. Field Manager

i. Current Field Report

District Manager Teague reviewed Field Manager Pepin’s report, and the following was discussed:

The lakes look great. Littorals may appear to be dying, but they will be restored when the water rises and the temperatures are higher.

The compressor on Lake 1 was running louder than usual. The vendor installed a muffler and weather stripping to reduce the noise. 

Lake 2 has a broken lock, and Premier Lakes will replace it.

The timer was installed on the Lake 26 aerator.

Chris finished an inspection of the shorelines, and while there were no significant changes, there are areas that will need repair.

Invasive trees are growing on the east side of Lake 12 along the perimeter fence, and they will be removed, and the area will be treated.

The oak trees were installed on March 10th. The irrigation was turned off that day for the road project, and Chris is working with Gonzalo to water these trees while the irrigation was off.

We are waiting for the final inspection on the emergency gate.

A lot of dead leaves were observed over the last few weeks, and Chris scheduled the street sweepers for March 16th.

The pool timers were adjusted for daylight savings time on the clock tower, the water is cleaner this month, and the fountain geysers are still down due to the VFD issue.

Field Manager Pepin will replace two 30” stop signs. Chair Roth asked if there is a reasonable price break for buying extra stop signs and requested that we purchase more to have on hand, if possible.

Chris is working with FPL to replace some street lights and a solar lights.

He grinded down some sidewalks to address trip hazards.

ii. Project Updates

a. Storm Water Management System Inspection Update

The cleaning of the water structures should be completed by the end of the month.

D. Attorney

i. Mary Ann Lauria Update

There is no update.

iii. Kenneth Jay Riha Update

Staff received a package from representatives of Mr. Riha. It was forwarded to the insurance company adjuster who is assigned to this issue.

Attorney Urbancic stated that he is monitoring current bills that are being considered in the current legislative session which might be applicable to CDDs.

Chair Roth asked when the Board should consider the payment of additional funds to the road project’s contractor when the project has not been completed to the Board’s satisfaction. Vice Chair Reno reviewed the contract’s verbage, and possible courses of action were discussed.

E. Engineer

i. Emergency Exit Update

The oak trees were planted, and Engineer Schmitt asked for reinspection March 17. Mr. Schmitt sent additional requests, along with a reinspection fee of $150, and it was delivered to the Village on March 17th.

Supervisor Licht reiterated that she had never stated that the oaks planted should be in the area closest to the road. This had been dictated by the Village.

ii. Road Project Update

Assistant District Manager Rainwater reported that the road project was paused on February 15th to allow crew members time off. Staff sent a letter to the vendor based on the direction of the Board that did not allow for the 30 day extension requested unless the vendor was willing to rescind the request for Change Order #4. The vendor stated that they desired to complete the project but also desired to retain the ability to negotiate the change order and any additional cost overruns. Their request asking for two additional work days because of a rain event is included in the Additional Materials packet.

The District issued a default letter on March 8th. Chair Roth stated that the vendors have only worked 22 out of the 72 days they have been onsite. If the vendor fails to make progress, then it was advised to terminate the contract. If the vendor continues to make progress, they should be allowed to complete the project.

a. Estate Irrigation Invoice

Staff sent emails to Estate to ask the locations of the watering and those have gone unanswered. The new site manager, Will, provided dates and the amount of time spent watering. He was asked under whose authority this had been done, and he had not provided any answer by meeting time. After discussion, the Board decided to delay a decision until they have received more information from the vendor.

A. HOA/CDD Maintenance Contract Negotiations Update

Supervisor Meek, HOA President Moses, and staff had met and discussed a draft of the contract.

Staff had spoken with Allied Security and requested that they provide a quote for acquiring guardhouse personnel, and they had submitted a copy of current contract with the HOA. David Euler was at the meeting and he presented some of the services they could provide and they were discussed. He also provided input throughout the meeting. He will provide an up to date cost schedule to staff.

Regarding the post orders, it was stated that the CDD should establish rules for use of the roads, such as parking and speeding. After discussion, the Board agreed on the rules that will be included in the post orders.

After discussion, the Board decided that Supervisor Meek, Assistant District Manager Rainwater, and Attorney Urbancic will meet, and Attorney Urbancic will draft a document containing the process for rulemaking for the Board’s consideration.

After the agreement between the HOA and the CDD is complete, the bidding process for a security vendor will begin.

i. Executed Extension With HOA

In the packet is the fifth amendment agreement that allows 60 days to finalize a guardhouse agreement.

ii. First Draft of Agreement

Staff wrote a rough draft of the guardhouse agreement between the HOA and the CDD, and sent it to legal. We still are waiting for their feedback.

B. Lakes to be Transferred from HOA to CDD Follow-up

The Facilities and Maintenance agreement has been completed and approved by the Board. Staff will find the original document and present an update next month.

C. Water Quality of Clock Tower Pools

Vice Chair Reno has been monitoring the water quality of the pools. He had Pinch a Penny test the water quality, and a new technician was assigned for maintenance. Field Manager Pepin indicated that the pools are very clear. This was tabled. Staff was asked to move this topic further up in the Agenda in April.

D. Clock Tower Tile Replacement Proposal

VIP Pools has provided two proposals. Azure Pools and Gomez Painting provided estimates for various clock tower repairs. This was tabled. Staff was asked to move this topic further up in the Agenda in April.

E. Proposals To Replace UV Lights in Clock Tower Pools

VIP Pools provided a proposal to replace the UV Lights in the pools at the clock tower. Supervisor Licht believed it was premature to act on this proposal, because one company could posssibly repair all of the clock tower issues.This was tabled.

Jim Chasse commented on the difficulties concerning the transfer of the guardhouse and the complexities involved, and there was discussion. He also commented on the community’s need for irrigation.

Supervisor Licht commented that there are proposals for the cul-de-sacs. She was encouraged that the cul-de-sacs have been brought up to standard and look good. She also commented about the guardhouse and setting up a new inspection. She will send her report to staff for inclusion in next month’s Agenda.

Chair Roth reminded the Board that he has resigned from the Building and Tangibles Board and asked again if any Supervisors will assume the position. This was tabled.

Bob Vaa asked who pays if the CDD is fined or sued. He believes the residents pay for everything, so it does not matter who is responsible.

The Next Regular Meeting is on April 15, 2025 at 4:00 p.m.