Habitat
Community Development District

The regular meeting and Budget public hearing 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, August 20, 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
David Schmitt – Engineer, Bowman Engineering and Consulting
Melissa Gindling – Assistant District Manager, PDM
Mandie Rainwater – Assistant District Manager, PDM
Residents

Attending remotely:

Greg Urbancic – Attorney, Coleman, Yovanovich & Koester, P.A.

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 all Board members were present. Also in attendance were Cal Teague, the District Manager, Chris Pepin, the Field Manager, David Schmitt, the Engineer, Melissa Gindling, Assistant District Manager, Mandie Rainwater, Assistant District Manager, and Four Residents. Attending remotely was Greg Urbancic, the Attorney.

Add 8Diia Letter from Goldstein, Buckley, Cechman, Rice & Purtz
Add 8Diiia Invoices of Work Performed, Photos
Add 9Ii Additional Back Up Cleanup Pre-Authorizations
Add 9J Emergency Gate Opener Location

There were no Audience comments on Agenda items.

A. Presentation of Final Budget

District Manager Teague stated that it is a solid Budget, and there is no increase in assessments. He also stated that $300,000 will go into the reserves, and the estimated fund balance is $2,434, 373.

B. Public Comment

A resident asked a question about increasing the assessments. District Manager Teague stated that assessments cannot be increased during the fiscal year but, if an emergency arose and an increase in assessments is needed, the Board could direct bill the residents.

A second resident inquired about the rising costs of services, and how the Budget can remain the same with the amount of inflation. It was explained that most of the electrical services are on fixed cost schedules with FPL. Other costs do fluctuate, and that is when staff uses forecasts and agreements to anticipate them and provide the Board with projected budgetary needs. On occasion there are projects in those accounts that may have been unplanned and may not be repeated every fiscal year.

C. Resolution 2024‐05: Adopt FY 2024‐2025 Budget Appropriation

A. Presentation of Assessment Rates

As stated earlier, District Manager Teague stated that the assessment rates are the same as last year.

B. Public Comment

District Manager Teague explained that the residents’ tax bills include the debt assessment and the Operation and Maintenance assessment combined.

A resident asked about the difference in O&M assessments and debt assessments. District Manager Teague explained that the O&M assessments will always be there, because they are the funds for operating the CDD assets. The debt assessments are applied to properties when a bond is issued and are no longer charged once the bond has been satisfied.

C. Resolution 2024‐06: Approve FY 2024‐2025 Assessment Levy

A. Items to Be Pulled for Discussion

There were no items pulled.

B. Motion to Approve Consent Items

C. Consideration of Items Pulled for Discussion

D. Consent Items

i. Draft Workshop Meeting Minutes for July 17, 2024

ii. Financial Report for July 2024

iii. Project Tracking Logs

iv. FEMA Reimbursement Update

District Manager Teague stated that 3 projects were submitted for reimbursement before the deadline, and FEMA acknowledged their receipt, but there has been no decision. PDM is paying 50% of the costs of the appeal.

A. Irrigation Contractor

i. Irrigation Line Treatments Follow-up

Field Manager Pepin reported that the flush was completed on July 22nd. The lines were flushed, pumping out dead snails and any non-active chemical. Photos taken during the process were included in the packet.

It was asked if live snails are flushed from the system and what prevents them from going back into the pipes. Field Manager Pepin stated that nothing will ever stop them, but the treatments and flush outs will hopefully mitigate the issue. It was asked if enough flush points are established, and if more should be included. Field Manager Pepin stated that the currently used locations are where the experts recommended, so he has to trust they are correct. It was decided that the lines should be flushed again next year.

B. District Manager

i. Resolution 2024‐07: Approve District Goals and Objectives

District Manager Teague stated that staff has drafted a simple goals and objectives document, which meets the requirements of the statute. He stated that, if the Board would like a more comprehensive document written and needs the services of a specialized consultant, or the State expands its requirements, there will be a charge. Staff was complimented on the form, and it was approved. Staff will place the document on the District’s website.

ii. Resolution 2024‐08: FY 2024/2025 Meeting Dates

The dates are included in Exhibit A of the packet, and the meetings will be the third Tuesday of every month.

C. Field Manager

i. Current Field Report

Field Manager Pepin reviewed the field report and the following was discussed:

He reported that the lakes are in good condition, and there is a minor presence of algae.

He stated that aeration issues have been repaired, and the Lake 25 issue is being resolved.

He observed that non-native vegetation is encroaching into the preserves at 20041Torre del Lago, which will be addressed. Chris observed standing water in the area.

Field Manager Pepin was asked to inspect concrete in the roadway gutters in Villas I, and he noted that the concrete is in the same condition as the concrete in the rest of the community. The Board was concerned about the lawsuits that have been filed, and they wondered if the concrete should be repaired. Chris stated that the repairs would cover approximately 50% of the community, and usual wear and tear should also be considered. District Manager Teague stated that any sidewalks that are raised 1/2″ are always repaired. Attorney Urbancic stated that they could continue to review the condition of the community and ensure that they are addressing the issues, but it is unusual that there are so many lawsuits. The Board has asked staff to indicate easements or CDD owned property with respect to sidewalks.

Field Manager Pepin reported that the street signs have been straightened.

He reported that the foxtail palm in a cul-de-sac has died and will be replaced, and the holly tree at the emergency gate will also be replaced.

He stated that issues with some lights have been resolved.

A sinkhole at 20462 Ardore was reported, and he could find no damage in the storm drain. He wondered if sinking is a result of irrigation.

He noted vegetation on some water structures, which will be addressed.

He reported that a mainline break revealed that a mainline was not on the GIS map. The Board asked that the GIS be updated to include the newly discovered mainline, all of the new flush points, and the lakes that will be deeded to the CDD.

ii. Project Updates

Both will be completed when it is closer to the dry season.

a. Muhly Grass Planting

b. Buttonwood Tree Replacement Lake 7

D. Attorney

Concerning interpretation of a new law, Attorney Urbancic stated that staff needs to write an affidavit, stating that there is no human trafficking, when the District is entering into a new contract, or if contracts are being renewed.

i. Levine Litigation Update

Attorney Urbancic stated that he has not received any updates.

ii. Mary Ann Lauria Update

a. Letter from Goldstein, Buckley, Cechman, Rice, & Purtz

Staff received this letter notifying the District that GBCR&P will be the attorney for the plaintiff. Attorney Urbancic stated that they are working with the Insurance Council on a public records request that was received.

iii. Notice of Claim: Kenneth Jay Riha

a. Invoices of Work Performed, Photos

Invoices and photos have been included illustrating the area where Mr. Riha stated that he fell. These have been forwarded to the insurance company. Greg and staff are waiting for their response.

E. Engineer

Chair Roth introduced David Schmitt, who will now serve as the District’s engineer. He is also with Bowman, so we anticipate a smooth transition.

Engineer Schmitt reported on the limited sight at the intersection of Bella Terra Boulevard and Corkscrew Road and stated that the signal is functioning now, which should resolve the left turn issue. Engineer Schmitt will inspect the location of the signal, and determine if it should be moved back, or if vegetation should be cut back or replaced with low growing vegetation.

Supervisor Roth asked about the road rejuvenation project and Engineer Schmitt stated that he would like extra time to review all of the data already collected, inspect the roads, and provide his opinion. This was agreed upon by all.

i. Emergency Exit Update

Engineer Schmitt stated that the culvert was inspected. The final inspection will be scheduled, and they will close out the project in the near future. Chair Roth asked about the signage, and Engineer Schmitt will investigate.

ii. Drainage Concern at 21019 Torre Del Lago

District Manager Teague stated that the homeowner previously stated that they had not added silt to the swale during pool construction. Engineer Schmitt handed out photos from the survey, which illustrate approximately 4″ of material in the ditch, which hinders the flow in the swale. He stated that this needs to be dug out, and the slope needs to be restored. The area is currently too wet for restoration, but the homeowner will be informed that they are responsible, and they will be asked to correct the issue after the rainy season. The Board requested that Attorney Urbancic send the letter.

A. HOA/CDD Maintenance Contract Negotiations Update

Staff has forwarded recommendations to Attorney Urbancic, and they are working on final drafts. The Board was asked to provide feedback via email by August 30^th, so staff can communicate with Attorney Urbancic, and the drafts can be forwarded to the HOA for review.

There was discussion on the HOA issuing tickets for parking and speeding, and the legality of the HOA enforcing these ordinances.

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

Attorney Urbancic has been provided with all of the information to finalize the document transferring these lakes. The Board was asked to submit comments and questions to staff by August 30^th.

C. Roadway Repairs

Engineer Schmitt is reviewing this project, and will provide an update after his review.

D. Asphalt Rejuvenator Follow‐up

Chair Roth asked if the Board desired to continue with this project. Supervisor Meek believes rejuvenating the pavement at this time is not advisable if it is only an overlay and does not repair the damage. After discussion, it was agreed to delay further consideration until Engineer Schmitt has completed his investigation of rejuvenation. Once he has reviewed all options and references, he will provide his opinion. It was stated that, depending on that recommendation, the project may need a formal bid process, if it will exceed the $519,000 threshold.

E. Cul‐de‐sac Ride Around Update and Proposals

Supervisor Licht and Field Manager Pepin determined what needs to be completed from their recent ride around, and Estate submitted two proposals for pruning and planting. These were approved by the Board.

F. Guardhouse Inspection

The guardhouse was inspected, and a copy of the inspection with photos was included in the packet, and the HOA has addressed some of the items already. Supervisor Licht asked about having a desk built, and inquiries will be made to find someone to build it. Supervisor Licht also asked about shades to help block the sun and perhaps reduce the heat inside the building. District Manager Teague stated that the HOA can install shading and send the invoice to the CDD. There was discussion on obtaining a mat and planting shrubbery to hide the propane tanks.

Supervisor Gibson stated that she is concerned about a tree on Serre Drive which needs a major cut before the next hurricane. Field Manager Pepin will obtain a proposal.

G. Clock Tower Pressure Washing Quote

A proposal for pressure washing the clock tower was submitted, and it was approved by the Board.

H. Resident Request to Host 5k Walk/Run

i. Consideration of Draft CDD Property Use Guidelines

Resident Nicole Bruno has requested use of CDD controlled property to host a walk/run. It was learned that the CDD does not have a method for approval or denial of such requests, so staff drafted a document, based on County and City permit guidelines and the HOA guidelines, for the Board’s consideration. Assistant District Manager Rainwater explained some specifics of the document.

The Board discussed the requirements needed when asking the CDD for permission to hold an event. One requirement is to submit applications 60 days before the event. The request should also include a list of items that might be required for the event, such as cones or restrooms. The Board asked who would be responsible for gathering these requests. It was stated that any use requests will be submitted to staff, and they will ensure that the plan is complete before providing an opinion and asking the Board to approve or deny use requests. The Board agreed to this new process and asked that the proposed draft be sent to Attorney Urbancic for a more formal document. Once this is finalized, it will be available to the HOA to ensure all parties understand the requirements moving forward.

With respect to Ms. Bruno’s request, the Board decided to deny the request at this time, and they asked staff to notify Ms. Bruno of their decision.

I. Estate Hurricane Cleanup Pre-Authorization

September is historically hurricane season’s busiest month, and District Manager Teague stated that we would like to have a plan for assisting the community in getting back to normal as quickly as possible. Estate has sent over a hurricane pre-authorization, and Field Manager Pepin has obtained 2 back up companies, Community Field Services and Pristine Lakes. Chris will coordinate any clean up efforts, if needed, between the companies the Board has authorized.

J. Emergency Gate Opener Location

Field Manager Pepin has placed the lock box in the key storage closet at the clubhouse. There was discussion concerning Priscilla, the HOA CAM, being on the access list and the call list in the event of an emergency. It was agreed that she will be granted access, but is held responsible for the key and gate use if she gives the key out, just as the others on the call list are. The Board also asked that she be added to the procedure and be listed as a last call. She will also need to notify all other members on the list. Staff will share all of this with her.

There was no report from the HOA.

Supervisor Licht stated that B&T discussed what to do with the bowls on the fountain. She also asked if Estate should be cutting back overgrowth from the preserves into the yards. District Manager Teague stated that the CDD is not allowed to enter the yards to cut it back, but that it is the homeowners responsibility to cut the encroaching vegetation or have it cut down. It was suggested that perhaps the sub associations should be reminded. Staff will send a letter to the sub association boards.

Supervisor Gibson asked about the Form 1 filings and some mailings she had received, and other Supervisors asked as well. Staff will research to check the status of completion as listed with the Commission on Ethics.

Chair Roth asked if anyone had any interest in seeing palms lit up year round similar to Wildcat Run. There was no interest at this time.

A resident, who also sits on the landscaping committee, commented that the landscaping at the front of the community that may be causing some line of sight issues has not been attended due to the construction on Corkscrew Road, but should be pruned soon.

Chair Roth adjourned the meeting at 6:14 p.m.

The Next Regular Meeting is September 17, 2024 at 4:00 p.m.