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, February 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
Chris Pepin – Field Manager, Community Field Services
KJ Moses – HOA President
Bob Vaa – Resident
Eleven Residents

Attending remotely:

Greg Urbancic – Attorney, Coleman, Yovanovich & Koester, P.A.
Melissa Gindling – Assistant District Manager, PDM
Tony Grout – The Pavement Group
Two Residents

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; Chris Pepin, the Field Manager; and Eleven Residents, including Bob Vaa, and KJ Moses from the HOA. Attending remotely were Greg Urbancic, the Attorney, Melissa Gindling, Assistant District Manager; Tony Grout from The Pavement Group; and Two Residents.

Jim Chasse commented on improving the relationship between the CDD and the HOA.

A. Items to Be Pulled for Discussion

Vice Chair Reno pulled Project Tracking Logs.

B. Motion to Approve Consent Items

C. Consideration of Items Pulled for Discussion

D. Consent Items

i. Draft Meeting Minutes for January 21, 2025 and January 29, 2025

ii. Financial Report for January 2025

iii. Project Tracking Logs

Vice Chair Reno commented that he believes that everything that relates to the road pavement project should be in the project tracking logs. He also asked about Estate’s watering invoices, and if staff was tracking all road project costs separately. District Manager Teague explained that the log indicates approved project tracking to date.

A. Irrigation Contractor

Two main line breaks occurred between February 14th and February 16th, and both were repaired within 24 hours.

Staff has requested a proposal concerning what is needed to control the irrigation system in systems. There was discussion on the current issues, including the limitations of the valves, and the useful life of the system. Engineer Schmitt stated that the materials in the system can wear out, but after a long period of time.

B. District Manager

i. Proposed Fiscal Year 2026 Budget Schedule

District Manager Teague stated that the proposed Budget schedule contains short term and long term goals and objectives for Fiscal Year 2026. He asked the Board to forward to staff any goals or projects they would like to be included in the Budget. There will be a draft Budget submitted in April, a proposed Budget on May 20th, and a Public Budget Hearing will be scheduled in August.

ii. FEMA Reimbursement Update

District Manager Teague reported that Client Services Manager Dudak sent a letter to Florida Senator and House of Representatives members to appeal the FEMA decision, and it was included in the packet. No replies have been received at this time. The Board thanked Client Services Manager Dudak for his well-written letter.

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

District Manager Teague reported that Engineer Schmitt met with the resident, and they agreed to pay the $500 portion they have been asked to pay. Their check has been received and applied toward the bill from the vendor.

Pristine Lakes had previously sent a proposal to clean out the TDL drainage swale, and a second proposal was obtained from Copeland Southern Enterprises for $9,875. This proposal is $2,675 more than the one from Pristine Lakes. Copeland was the company that originally installed the drainage system, and Engineer Schmitt recommended them for the additional work. There was discussion on the expected life of a swale, since this will be the second regrading in approximately 5 years. It was stated that the normal life is 15-20 years, but there can be many factors that cause sediment buildup. Cleaning out the drainage swale will correct the amount of water that this swale holds. The Board asked which contractor can complete the project more quickly, and Field Manager Pepin will ask and schedule the cleaning with that vendor.

iv. Debris located at 21001 Bella Terra Blvd Update

Staff sent a letter to the homeowner, but there has been no reply as of yet. It was stated that there is no other course of action than to sue the resident for the costs of clean up. The Board requested that staff send another letter.

v. Letters to Residents

Staff sent a letter to the homeowners whose houses flank a catch basin that was painted, and there has been no reply as of yet.

Staff sent a letter to the homeowners at two addresses about a bird of paradise discarded in the preserves. One of the residents called, and let us know it was not him. No response from the other address has been received as of yet.

vi. Statement to Residents on Board Integrity

There were allegations levied at the last Board meeting on the integrity of the Board, their staff, and the decisions made with respect to the road project. There have also been emails asking about Board members and their ability to be elected as Board members. District Manager Teague provided a statement on the Board’s integrity for the Board’s consideration. This was presented unsigned so that each Supervisor has an opportunity to read it before signing. Attorney Urbancic stated he would like the opportunity to suggest some revisions, if anyone would like to send this letter, but at this point he does not see a reason to send it. The Board agreed and decided not to send the letter.

C. Field Manager

i. Current Field Report

Field Manager Pepin reviewed his report, and the following was discussed:

There was a noisy aerator reported, and he installed a new door seal, which seems to have helped.

The dying coonties at the emergency gate were replaced.

He will grind down the uplifted panels on the sidewalks.

Someone bent the gate arm on Pump 7. He will put a chain around both gates to keep this from happening.

The clocktower geysers are down again, and he asked the vendor to investigate.

FPL has decided it needs addresses of the poles rather than pole numbers.

Vice Chair Reno stated that the proposal from Estate was missing locations as to where the mulch was placed. Staff will ensure that future proposals have more information.

Replacing solar lights was discussed, and it was decided that Field Manager Pepin will obtain a proposal and present it next month.

ii. Project Updates

a. Storm Water Management System Inspection Update

Field Manager Pepin reported that his inspection report indicates numerous basins that should be cleaned out. MRI submitted a proposal to clean out everything greater than 25% at $123,800, and also a proposal to clean out everything greater than 40% at $56,800. He stated that they can ask a 3rd party to inspect some of the basins via ROV to confirm that they need to be cleaned. He stated that the last time the lines were cleaned was in 2022. The Board wondered if the buildup could have come from the Corkscrew road project. Field Manager Pepin stated that, while it might have been, it would be difficult to say, and in addition, there have been a few hurricanes and large rain events over that time as well.

iii. Estate Cul De Sac Mulch Proposal Ratification

Estate Landscaping recommended mulching the cul-de-sacs and asked Field Service Manager Pepin if they could complete the task while already mulching. Chair Roth approved the proposal, since the landscaper was onsite that day. Vice Chair Reno asked that the proposal indicate the locations for the mulching, as was discussed above.

D. Attorney

i. Mary Ann Lauria Update

The representative for the Lauria lawsuit called PDM and indicated that the insurance company had not answered any of their correspondence. Staff had provided all information to the insurance company that had been requested. Staff contacted the insurance representative to restart the communication.

iii. Kenneth Jay Riha Update

There is no update.

E. Engineer

i. Emergency Exit Update

Engineer Schmitt reported that the oak trees should arrive within the next few weeks, and after they are installled he should be able to ask the Village to reinspect the area.

ii. Road Project Update

In the Additional Materials was a progress report including engineer reports, the concern log, and The Pavement Group’s first draw invoice. The “blue” sections of the map indicate what still needs to be completed. The last main section is the guardhouse area, and the vendor is drafting a proposal for submission. The auxiliary lot has been remediated. Striping was scheduled for February 26th, but it will be scheduled for later in March when the project is complete. The blue RPMs will be replaced at that time as well. The project was paused until February 25th per the vendor to give the driver and other staff time off.

Some residents wondered if the penetration of the product has been 3/8″. The Pavement Group responded by providing a Change Order #3 proposal for additional cores. Vice Chair Reno stated that the vendor should provide this information without asking for additional funds.

Vice Chair Reno has a background in construction and he explained his issues with the original contract. He was concerned that it had not been reviewed to full extent.

Vice Chair Reno expressed his concern about sole source contracts for $100,000 or more.

The Pavement Group provided a cost overrun spreadsheet, and an email explaining the reasons for the overruns. Vice Chair Reno stated that when Change Order #1 for additional patching was approved, it was paid in the first payout request. There was discussion concerning the need for the vendor to request change orders for costs incurred before the work was completed. Engineer Schmitt indicated that the request was for work that had been completed. He stated that the vendor has contractors they need to pay, and the contract has partial payments built in. The Board is not in favor of paying these charges.

a. Estate Irrigation Invoice

At the start of the project the irrigation was turned off. It was learned that the system was not designed to be turned on in certain sections, only off. Based on a request for irrigation from the HOA, a single 8 hours of watering with water trucks was authorized by the CDD at the cost of $680, ½ of which would be paid by The Pavement Group. Estate decided that watering for the CDD should continue and has billed the CDD $5,088.18 and not $680. Additionally, when irrigation was restored after the previous Board meeting, Estate decided to charge the CDD for 2.49 hours of labor. The Board had some discussion and would like to know more specifically what was watered and who provided permission.

A. HOA/CDD Maintenance Contract Negotiations Update

Bob Vaa was invited by the Board to speak in his capacity as a negotiator between the HOA and the CDD. He believes the process is at an impasse, and he submitted in his resignation.

i. Executed Extension With HOA

This has been extended through February 28th.

ii. Current Draft of Contract

Draft #16 is included in the packet. The HOA attorney would still like the public road language replaced with a more ambiguous line, such as “the security staff will operate the guardhouse in accordance with the law”, but the paragraph they would like removed gives specific guidelines for its implementation.

KJ Moses spoke on behalf of the HOA. He indicated that the HOA is not interested in the liability of allowing public access to the community. He stated that public roads and security topics have stalled the remainder of the agreement, and they recommend removing that topic from the agreement. There was discussion on denying individuals who request a specific address as opposed to denying residents that are not on the ISN list. Attorney Urbancic stated that they can not be denied. He referred to a number of IRS codes, tax laws, and the Florida Constitution as the basis for designating that they are public roads. If the CDD had responsibility for the gatehouse they would assume control of access, and the HOA could retain a separate contract for the rover services, if they wish.

At this time, the Board decided to schedule a continuation meeting. The proposed continuance was Wednesday, February 26th from 3:00 p.m. to 5:00 p.m. Supervisor Licht was opposed to this date and time. It was suggested that she could start online and join in person later.

iii. Post Order Revisions Update

If the post orders are removed from the maintenance agreement, its inclusion in the Agenda will not be necessary.

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

C. Water Quality of Clock Tower Pools

D. Clock Tower Tile Replacement Proposal

E.Aerator Noise at 21764 Belvedere Ln

A Continuation Meeting is on February 26, 2025 at 3:00 p.m.
The Next Regular Meeting is on March 18, 2025 at 4:00 p.m.