Draft Meeting Minutes for August 15, 2023
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, August 15, 2023 at 4 p.m.
Present (or attending via web conference) and constituting a quorum were:
Larry Roth – Chair
Norman Reno – Vice Chair
Jenny Licht – Assistant Secretary
Linda Lea Gibson – Assistant Secretary
Also present (or attending via web conference):
Cal Teague – District Manager, Premier District Management, (PDM)
Chris Pepin – Field Manager, Community Field Services
Greg Urbancic – Attorney, Coleman Yovanovich Koester, PA
Charlie Krebs – Engineer, Hole Montes, Inc.
Melissa Gindling – Assistant District Manager, PDM
K. J. Moses – President, Bella Terra Community Association
Hank Jakiela – Resident
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, except Supervisor Napolitano. Also in attendance were Cal Teague, the District Manager, Chris Pepin, the Field Manager, Charlie Krebs, the Engineer, Melissa Gindling from PDM, K. J. Moses, President of the Bella Terra Community Association, and some Residents. Participating via web conference was Greg Urbancic, the Attorney, and Hank Jakiela, Resident.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Move 6Dv FEMA Reimbursement Update to 7Bi
Add 8J Proposal for New Light System for Clock Tower Clocks
On MOTION by Supervisor Licht, seconded by Supervisor Gibson, with all in favor, the Agenda was approved, as amended.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
Reas Graber commented that Single Family Homes Landscape Committee members noted at their recent meeting that snails have begun to appear in the irrigation system, and they would like this to be addressed before it becomes a problem. He also commented that the vegetation is overgrown near the lift station on Torre del Lago. K. J. Moses noted that the CDD owns the land, but the HOA maintains it, and they will look into it. In addition, Reas reminded the Board that they are welcome to join the Landscape Committee’s monthly ride around.
FIFTH ORDER OF BUSINESS Fiscal Year 2024 Budget and O&M Special Assessment Public Hearings
A. Consideration of Final Budget
District Manager Teague reviewed the proposed Budget. He stated that there was no increase in assessments, and that there are sufficient funds for landscaping and tree trimming. Funds for roadway reserves and capital projects were also put aside.
Chair Roth opened the Budget Public Hearing at 4:13 p.m.
Supervisor Licht commented on the cul-de-sac maintenance agreements.
Supervisor Gibson commented about the rising electric costs.
Resident Michael Blair commented that the drip tubes around the clocktower look unfinished, and he wondered if they could be buried.
Chair Roth closed the Budget Public Hearing at 4:27 p.m.
B. Consideration of Assessment Rates
Chair Roth opened the Assessment Public Hearing at 4:28 p.m.
There was discussion about placing a link to the CDD website on the HOA website, so the community can easily find CDD information.
Resident Diane Meeks asked if the assessment rates are increasing, and District Manager Teague stated that they are not.
Chair Roth closed the Assessment Public Hearing at 4:29 p.m.
C. Resolution 2023-05: Approval of FY 2024 Budget
On MOTION by Supervisor Gibson, seconded by Supervisor Licht, with all in favor, the Board approved Resolution 2023-05 adopting the Fiscal Year 2024 Budget.
D. Resolution 2023-06: Approval of FY 2024 Assessment Levy
On MOTION by Supervisor Licht, seconded by Chair Roth, with all in favor, the Board approved Resolution 2023-06 adopting the Fiscal Year 2024 Assessment Levy.
SIXTH ORDER OF BUSINESS Consent Agenda
A. Items to Be Pulled for Discussion
No Items were pulled.
B. Motion to Approve Consent Items
On MOTION by Supervisor Gibson, seconded by Chair Roth, with all in favor, the Board approved all items on the Consent Agenda, as presented.
C. Consideration of Items Pulled for Discussion
D. Consent Items
i. Draft Special Meeting Minutes for July 18, 2023
ii. Draft Regular Meeting Minutes for July 18, 2023
iii. Financial Report for July 2023
iv. Projects and Work Order Tracking Logs
SEVENTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
i. Irrigation Maintenance Contract Update
District Manager Teague stated that No Limit has begun the ongoing mainline maintenance and is coordinating a meeting with Estate for an explanation of the Habitat irrigation system. Their monthly reports will be included in the monthly invoices.
Field Manager Pepin stated that No Limit is aware of the presence of snails, and they will be starting the chlorine treatment and flushes to address the issue.
B. District Manager
i. FEMA Reimbursement Update
District Manager Teague stated that no additional invoices from FEMA have been received since last month, but they have received $500 from the District’s insurance company for street signs damaged during the hurricane.
C. Field Manager
i. Current Field Report
Field Manager Pepin reported on the following issues:
He noted that shoreline weeds and algae are being treated, and some shoreline plants were killed by the treatment.
Premier Lakes has been repairing the aerators. Chris is waiting to receive a proposal to repair an aerator on Lake 15, and a new aeration system has been installed on Lake 16.
Chris stated that he has sent a reminder to Pristine Lakes to address the sinking ground around the compressor unit on Lake 10.
He reported that the buttonwood trees that were recently planted are doing well.
The homeowner at 21234 Bella Terra Boulevard is installing a pool, which they had not reported to the CDD, and he noted that the silt barrier is holding up well. Field Manager Pepin stated that he will monitor the project.
Chair Roth asked if ARC or Alliant can notify the Board when homeowners begin projects, such as pool installation. K. J. Moses of the HOA stated that they will see that this is done.
The homeowner at 13511 Fano Court is asking if the CDD can raise the ground along the shoreline on Lake 9 between her house and her neighbor’s house, and Chris requested a proposal for completing the project, which will be reviewed later in the meeting.
Chris reports that the exotic West Indian Marsh Grass is growing in the preserves adjacent to Lake 17, and he will see that this is treated.
A cooler had been dumped into the preserves, and Chris removed it.
He has asked Estate to remove some tree stumps.
Chair Roth reported that several solar markers are out, and they will be replaced.
Children are playing on the water control structure on Lake 17, and Chris set up a trail camera.
Residents have installed pavers next to the sidewalk on Bella Terra Boulevard and Larino Loop. Chris does not believe that this was approved by the CDD, and it could be a safety issue. It was noted that the townhomes have an easement in this location, so it is not the responsibility of the CDD.
Chris stated that it has been a very dry rainy season, and most of the stormwater structures are still dry. He stated that he has not seen them this dry since he started working here.
Chris reported that the homeowner that is installing a pool at 21019 Torre Del Lago has left silt in the drainage swale, creating a potential blockage, and the swale needs to be graded back to the original elevation. Several letters were sent to the homeowner explaining what needed to be completed. Upon inspection, Field Manager Pepin found that no changes have been made and that standing water was present again behind the built-up silt. He also observed a new pile of dirt on the edge of the swale. The Board requested the HOA to follow up, and K. J. Moses stated that they will.
ii. Project Updates
a. Lake Bank Repair
Field Manager Pepin stated that there are no changes since last month. The contractor is aware of the lake bank erosion, and the warranty repair will be completed when the water level lowers.
b. Alligator Signage
Chris stated that Lykins will place an alligator caution sign near the guardhouse. Chris had received estimates for smaller signs which would be placed on the shorelines. After discussion, the Board decided to have one sign at the entrance installed at this time.
c. Sidewalk Repairs
Chris will see that the raised concrete on sidewalks in 5 locations will be repaired, and he will investigate lifting 2 storm drains. He stated that it will be difficult to find a contractor, because it is a small project. Vice Chair Reno mentioned treatments that could be done when repairing sidewalks to help with uniform coloring, and Chris will investigate.
d. Clock Tower Tile Cleaning
Supervisor Reno has tested out multiple products to remove the calcium from the tiles, and he has found a method that is very effective. He also suggested changing the water to salt water or installing a softener, because the cleaning will be ongoing and expensive. This will be placed on the next Agenda.
e. Guardhouse Repairs
Chris stated that they have received the sliding door, and they need a permit from the Village of Estero for its installation. K. J. Moses stated that the HOA has concerns about traffic diversion.
i. Trip and Fall Lawsuit Update
Attorney Urbancic reported that the District’s insurance carrier had filed a motion to dismiss the case approximately a month ago, and there is no update.
ii. Resolution 2023-07: Requesting Additional Powers
Greg stated that Lee County believes that the special powers legislation is under the jurisdiction of the City, so the Board needs to approve a resolution to that effect.
On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with all in favor, the Board approved Resolution 2023-07 requesting the Village of Estero to grant the CDD additional special powers.
i. Emergency Exit
Engineer Krebs reported that Collier Paving is waiting for the right-of-way permit before they begin the project. They expect the subcontractor to install the pipe this month, if the permit is received, and then Collier Paving can begin their work.
Chair Roth asked about the short length of the deceleration lane into Bella Terra at Corkscrew Road, and Charlie stated that those are the correct measurements. He will ask about the timeline for the completion of the Corkscrew Road work.
Chair Roth asked about the installation of plantings at the emergency exit, and Charlie stated that Estate cannot install them until the work is finished on the right-of-way at the property line and after the turf block is installed.
EIGHTH ORDER OF BUSINESS Discussion/Action Items
A. CDD/HOA Maintenance Contract Update
i. Contract Amendment
The HOA accepted the proposed amendment to the maintenance agreement from the CDD, and Attorney Urbancic drafted the amendment.
The HOA attorney approved the amendment, as presented.
On MOTION by Supervisor Gibson, seconded by Supervisor Licht, with 3 in favor and Vice Chair Reno opposed, the Board approved the amendment to the CDD/HOA maintenance agreement, as presented.
Chair Roth drafted a list defining the items to be negotiated in the CDD/HOA maintenance agreement.
District Manager Teague suggested appointing a team to negotiate with the HOA, with one representative from the Board.
On MOTION by Supervisor Gibson the Board considered appointing Supervisor Napolitano as the Board representative for the negotiations on the HOA/CDD maintenance agreement. After discussion, the Board decided to consider the appointment next month and place it on the Agenda. MOTION WITHDRAWN.
It was decided that Board members can make revisions to the list until end of business Tuesday, August 22, 2023, and it will be sent to the HOA on August 23rd.
B. Cul-de-Sac Maintenance Contracts Discussion
After discussion, the Board decided to terminate the cul-de-sac maintenance agreements.
On MOTION by Vice Chair Reno, seconded by Supervisor Gibson, with all in favor, the Board approved the termination of the cul-de-sac maintenance agreements with the sub-associations, subject to legal review.
Proposals were received from Terra Nova and Estate/Triple J for cul-de-sac maintenance.
On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with all in favor, the Board approved Triple J for cul-de-sac maintenance, not to exceed $38,052 per year.
C. Request for Additional Traffic Cameras on CDD Property
Hank Jakiela presented a proposal from the HOA to place 2 additional cameras near the gatehouse on CDD property, which would provide the identification of speeding vehicles and vehicles in unauthorized parking. He stated that there would be no cost to the CDD.
There was discussion on the purpose of these cameras. The Board decided that the HOA can place the cameras, since there is no cost to the CDD.
On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with 3 in favor and Chair Roth opposed, the Board authorized the HOA to place 2 additional cameras at the specified locations, with no cost or liability to the CDD.
D. Financial Audit Selection Committee Recommendation
Two proposals were received and reviewed by the Audit Selection Committee. The Berger, Toombs, Elam, Gaines & Frank proposal was for $4,025, and Grau & Associates quoted $3,800.The Board agreed to accept the the Audit Selection Committee’s recommendation of Berger Toombs as auditor.
On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with all in favor, the Board approved Berger Toombs as auditor for the District for 3 years, with the Chair authorized to sign.
E. Flashing Crosswalk Signage
Supervisor Licht was in favor of placing flashing lights at major intersections, which would be activated by pedestrians crossing the street. After discussion, the Board decided against the installation, and it will no longer be on the Agenda.
F. Erosion Summary Report
Field Manager Pepin presented an erosion report on a spreadsheet summarizing the erosion present in the community drainage ponds and the approximate cost for those repairs. This serves as a guideline for the future, and Engineer Krebs can create an LDO to initiate the program. Chris stated that they should be scheduled during the dry season, which would be around December or January. The Board agreed that the program can be started.
G. Circulation Motor Replacement Proposal for Clock Tower Fountain Pools
Field Manager Pepin was notified by Water Works Pools that a circulation motor for the clocktower needed replacement, and he asked them for a proposal. Upon inspection, he found that a 2hp motor had already been replaced, and they were charging $1,887.67. Chris stated that the motors only cost $400 to $500, and they were charging $1,150 plus $650 for labor. Vice Chair Reno also had issues with the proposals received and the description of work on their invoices. After discussion, it was decided not to pay the invoice and wait for them to lower the charge. Chris did a search for other pool contractors, and a company will be onsite to look at the project and provide an estimate.
Supervisor Gibson left the meeting at 6:08 p.m.
H. Proposal for GIS System Update
Field Manager Pepin had submitted a request to FLGIS for updates to the GIS map, including additional CDD easements, irrigation updates, street sign updates, aerator cabinet locations, and electrical meter updates.
On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with all in favor, the Board approved FLGIS to provide updates to the GIS map, not to exceed $3,800.
I. Homeowner Request to Raise Grass Area Along Shoreline on Lake 9
The homeowner requests that an area between her home and her neighbor’s home is raised so that it matches the existing grade around the rest of the lake. District Manager Teague stated that they must ensure that it does not affect the swale, and Engineer Krebs will investigate.
On MOTION by Chair Roth, seconded by Supervisor Licht, with all in favor, the Board approved Pristine Lakes to raise an area along the Lake 9 shoreline with 2 truckloads of dirt and 2 pallets of sod, not to exceed $3,350, subject to the Engineer’s review.
J. Proposal for New Light System for Clock Tower Clocks
The Board agreed to have a new light system installed for the clocktower clocks.
On MOTION by Chair Roth, seconded by Supervisor Licht, with all in favor, the Board approved the installation of a new lighting system for the clocktower clocks, not to exceed $2,650.
NINTH ORDER OF BUSINESS H.O.A. Report
K. J. Moses expressed appreciation for the information available on the GIS map.
He reported that they had 2 successful meetings with the attorney for the residents and the construction company concerning the construction of a cell tower. He stated that the work will only be done on HOA property.
He stated that he will notify ARC about construction projects and the installation of French drains.
K. J. stated that he had signed the amendment to the maintenance agreement.
Don from Estate informed K. J. that he is seeing more snails.
TENTH ORDER OF BUSINESS Supervisor Requests
Supervisor Licht stated that a utility box on Torre del Lago is rusty, and Field Manager Pepin stated that it is FPL property, so he cannot provide any maintenance.
ELEVENTH ORDER OF BUSINESS Audience Comments
Susan Prock expressed appreciation to Chair Roth for accompanying the Landscape Committee on their ride around, and she was pleased with the teamwork that it encouraged. She also expressed appreciation for all of Hank Jakiela’s work, and she was in favor of the installation of flashing lights. She requested the repair of the crossing lights at major crosswalks, because it is unsafe to cross the road.
TWELFTH ORDER OF BUSINESS Adjournment
Chair Roth adjourned the meeting at 6:27 p.m.
The Next Regular Meeting is September 19, 2023 at 4:00 p.m.