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Copy of Draft Meeting Minutes for May 21, 2024

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, May 21, 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)
Charlie Krebs – Engineer, Hole Montes, Inc.
Chris Pepin – Field Manager, Community Field Services
Melissa Gindling – Assistant District Manager, PDM
Bob Vaa – Resident
Diane Meek – Resident
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.

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, Charlie Krebs, the Engineer, Chris Pepin, the Field Manager, Melissa Gindling, the Assistant District Manager, and Five Residents, including Bob Vaa and Diane Meek. Attending remotely was Greg Urbancic, the Attorney.

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

Diane Meek commented about the lack of response from FPL for addressing the broken streetlights, and she wondered if staff had received any updates. Field Manager Pepin clarified that he has not received a response from FPL, but they have have been working on some of the issues.

FIFTH ORDER OF BUSINESS Consent Agenda

A. Items to Be Pulled for Discussion

There were no items pulled.

B. Motion to Approve Consent Items

On MOTION by Supervisor Gibson, seconded by Supervisor Licht, with all in favor, the Board approved all Consent Items, as presented.

C. Consideration of Items Pulled for Discussion

D. Consent Items

i. Draft Workshop Meeting Minutes for April 16, 2024

ii. Draft Regular Meeting Minutes for April 16, 2024

iii. Financial Report for April 2024

District Manager Teague presented an overview of the financials, including the high interest rate of 5.12 % the CDD is receiving on their checking account, and he stated that assessments are 98% collected. He also stated that $277,000 will be transferred to the fund balance this year. There was discussion on specifics of the financials and the transfer of funds.

iv. Project Tracking Logs

v. Annual District Registered Voter Count – 3,008

SIXTH ORDER OF BUSINESS Staff Reports

A. Irrigation Contractor

i. Irrigation Line Treatments Follow-up

Field Manager Pepin reported that the last flush out valve was installed on May 17th, along with a major gate valve replacement. He stated that Aaron from Insight Irrigation was informed, and staff anticipates that he will start the flush out process on June 6th. If the community has not received enough rain by then, the flush will be delayed until the end of June, since the irrigation system must be turned off during the process.

There is some low pressure in the back of the community, and No Limit is working with Don from Estate on this issue.

B. District Manager

i. FEMA Reimbursement Update

District Manager Teague reported that staff is working on the appeal process, and he stated that PDM will be splitting the cost of the appeal with the CDD. There was discussion on the possibility of approval from FEMA.

ii. Fiscal Year 2025 Proposed Budget

a. Resolution 2024-03: Approving Proposed Budget and Setting Public Hearing

After discussion, the Board decided it was not necessary to increase assessments, and they approved Resolution 2024-03.

On MOTION by Supervisor Gibson, seconded by Supervisor Meek, with all in favor, the Board approved Resolution 2024-03 which approves the proposed Budget and sets the Public Budget Hearing for August 20, 2024.

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.

He stated that the new aerator cabinet on Lake 1 will be installed by the end of the month. The Board asked if letters had been sent to the residents regarding the wooden cabinet that had been placed over the compressor, and staff will ensure that this is done.

He stated that he is asking for a proposal for the removal of dead branches in the preserve, and the removal of some dead trees near a resident’s property.

Chris reported that Lykens plans to install the new signposts this week.

He stated that he will be contacting Estate and asking them to prune a few palm trees on roadway cul-de-sacs.

Chris observed broken landscape lights in the entrance area, and he has reported it to West Coast Electrical.

He stated that he has addressed issues with the sidewalks.

He reported that they have completed the vegetation maintenance on the stormwater system structures.

Chris reported that he observed a leak in the pump system that is being addressed.

Vice Chair Reno requested that vendors check in with Field Manager Pepin or a Supervisor when they are onsite.

Chris reported several issues with the street sweeping vendor, and the Board decided to cancel the street sweeping contract. They asked that he search for a new vendor to be used on an “as needed” basis.

On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with four in favor, and Supervisor Gibson opposed, the Board approved the cancellation of the contract with the street sweeping vendor.

ii. Project Updates

a. Muhly Grass Planting

Field Manager Pepin stated that the tentative planting timeframe is June, because they are waiting to plant until there have been more rain events.

b. Hardwood Pruning

Chris stated that the original project for pruning the trees along the CDD roadways has been completed. However, approximately 29 trees were not in the original count, and a separate proposal will be sent.

Supervisor Gibson had some concerns about trees that need trimming in the Villas I cul-de-sacs and will also arrange for a ride-around with Don from Estate at the end of May or early June.

c. Guardhouse Repairs

Field Manager Pepin reported that the pressure cleaning is scheduled for this weekend. Chair Roth asked him to inform Priscilla, and he stated that he will.

D. Attorney

i. Levine vs. Habitat CDD Trip and Fall Case Update

Attorney Urbancic reported that the non-binding arbitration reward has been received and is being discussed by the insurance company. This reward can be accepted, or a trial can be requested. District Manager Teague noted that the attorney for the insurance carrier has requested some additional information, which he is gathering tonight and will send over to her.

ii. House Bill 7013 – Goals, Objectives, and Measures Annual Reporting

Attorney Urbandic stated that the Board will need to design a District goals document by October 1st that includes how goals are tracked and evaluated annually. At the end of the Fiscal Year, the District must publish a findings report by December 1st. The Board will need to approve a document in the next few months, and staff is currently drafting suggestions. Attorney Urbancic noted that some special districts have already been required to do this, and staff will review these reports as a guideline.

E. Engineer

i. Emergency Exit Update

Engineer Krebs reported that there are a few small items that need to be completed, and Collier Paving will be closing the Lee County Right-of-Way permit. There was discussion concerning the County’s right-of-way.

The Board and residents also expressed concern about the length of the deceleration lane into the community, and Engineer Krebs will investigate.

Engineer Kreb’s perspective on asphalt rejuvenation was discussed.

ii. Drainage Concern at 21019 Torre Del Lago

Engineer Krebs stated that the surveyor will be addressing the concern at this residence in the near future.

SEVENTH ORDER OF BUSINESS Discussion/Action Items

A. HOA/CDD Maintenance Contract Negotiations Update

Resident Bob Vaa gave an update on his negotiations with KJ from the HOA. KJ sent him a list of concessions, which is similar to the original 2015 agreement. Bob reported that the new agreement will have more detail than the original agreement for the sake of clarity. KJ told him that he will present this agreement to the Master Board at the upcoming meeting tomorrow. The Board expressed support for this course of action. If this direction is accepted by the HOA, then the attorneys will draft a new agreement.

On MOTION by Supervisor Meek, seconded by Supervisor Gibson, with all in favor, the Board approved Bob Vaa’s draft of the maintenance agreement with the HOA.

B. Roadway Repairs

Engineer Krebs stated that he and Field Manager Pepin are compiling a list of the roadways needing repair.

C. Asphalt Rejuvenator Follow-up

Engineer Krebs stated that a vendor that he is familiar with will be presenting at next month’s workshop meeting. Staff will send the list of questions to him, so that the vendor can prepare answers.

D. Cul-de-sac Ride Around Update and Proposals

Supervisor Licht reported on the list of the landscaping needs of the cul-de-sacs that was compiled after her ride around with Don from Estate. Supervisor Gibson will be accompanying Don on the next ride around.

Estate provided an estimate to replace multiple plants and a palm tree for the Lazzaro South, TDL, Messino, and Belvedere cul-de-sacs at the cost of $3,185.10. They also provided an estimate to prune the Sabal palms on the Lesina Court and Larino Loop cul-de-sacs for $306. During the meeting, Field Manager Pepin also received the estimate for trimming the additional 29 trees, which came in at $2,853.94. The Board approved all three proposals.

On MOTION by Supervisor Meek, seconded by Chair Roth, with all in favor, the Board approved the proposal from Eatate to replace multiple plants and a palm tree, not to exceed $3,185.10, the proposal to prune Sabal palms, not to exceed $306, and the proposal to trim 29 additional trees, not to exceed $2,900.

E. Emergency Gate Procedure

This was discussed last month, but it was not decided who would have the keys to the gate, and what the procedure is in case of emergency. After discussion, the Board decided that Chair Roth and Supervisor Gibson will continue to have a key for the gate, and one copy will also be given to the guardhouse and the clubhouse. This key will be kept in a lockbox at the guardhouse, and directions will be posted on the outside of the lockbox. If the gate needs to be opened, the HOA or the guardhouse will contact a Supervisor, the District Manager, or Field Manager Pepin for permission to access the key. Staff will draft a suggested procedure, which will be reviewed at the next meeting.

F. Gatehouse Security Discussion

The HOA will be changing security services and possibly use a virtual attendant for the evening hours. Chair Roth and Attorney Urbancic have concerns that the post orders may not transfer properly to the virtual attendant, since access needs to be handled consistently. If the virtual attendant is used, this will be a possible discussion item with the HOA.

EIGHTH ORDER OF BUSINESS H.O.A. Report

There was no report from the HOA.

NINTH ORDER OF BUSINESS Supervisor Requests

Supervisor Licht had a question about the invoices and Form 1.

TENTH ORDER OF BUSINESS Audience Comments

Bob Vaa asked if the emergency gate could be opened if power was out. Field Manager Pepin confirmed that there is a small battery backup on the gate.

Diane Meek commented that the new irrigation company is performing very well.

ELEVENTH ORDER OF BUSINESS Adjournment

Chair Roth adjourned the meeting at 5:47 p.m.

The Next Regular Meeting is June 18, 2024 at 4:00 p.m.

Secretary / Assistant Secretary
Chair / Vice Chair