Meeting Minutes for February 20, 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, February 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
Charlie Krebs – Engineer, Hole Montes, Inc.
Melissa Gindling – Assistant District Manager, PDM
Bob Vaa – Resident
Residents
Attending remotely:
Greg Urbancic – Attorney, Coleman Yovanovich Koester, PA
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, Chris Pepin, the Field Manager, Charlie Krebs, the Engineer, Melissa Gindling, the Assistant District Manager, and Several Residents, including Bob Vaa. Participating remotely was Greg Urbancic, the Attorney.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 5Dvii: 2024 Arbitrage Report
Add 7M: Solar Light Repair Estimate
Add 7N: Asphalt Rejuvenator Information Packet
Add 7O: Notes from Landscape Committee Meeting.
On MOTION by Supervisor Licht, seconded by Chair Roth, with all in favor, the Agenda was approved, as amended.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
Diane Meek commented on the lack of response by FPL since Hurricane Ian. She stated that television stations WINK and Fox News reported on damages in another community, and FPL resolved their issues shortly thereafter.
FIFTH ORDER OF BUSINESS Consent Agenda
A. Items to Be Pulled for Discussion
There were no items pulled.
District Manager Teague stated that the Arbitrage Report was in the packet, and he reported that the District still has a negative arbitrage liability.
B. Motion to Approve Consent Items
On MOTION by Supervisor Meek, seconded by Vice Chair Reno, 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 January 16, 2024
ii. Draft Regular Meeting Minutes for January 16, 2024
District Manager Teague stated that a highlighted correction provided by Supervisor Licht was included in Additional Materials.
iii. Financial Report for December 2023
iv. Financial Report for January 2024
v. Project Tracking Logs
vi. Electronic Filing of Form 1
SIXTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
i. Irrigation Line Treatments Follow-up
Field Manager Pepin reported that No Limit was waiting on Aaron from Insight Irrigation to finalize the flush valve project. Staff has been unable to reach Aaron, and will continue to follow up. The Board suggested looking into another vendor.
B. District Manager
i. FEMA Reimbursement Update
District Manager Teague reported that FEMA continues to make inquiries, but no determination has been received as of yet. He stated that another District that PDM manages, Colonial Country Club, received an ineligibility determination, because assets were not accessible to the public. The Board noted that, if a negative determination is received, the revised gatehouse post orders for Bella Terra should be emphasized in the CDD’s response.
ii. Fiscal Year 2025 Budget Schedule
District Manger Teague presented the upcoming Budget Schedule for the Board’s information, and he asked Supervisors to send any comments or requests to staff in March for the Draft Budget. The Draft Budget will be presented to the Board in April.
iii. Resolution 2024-02: Confirming Use of Lee County Supervisor of Elections
District Manager Teague stated that Supervisor Meek and Supervisor Gibson are up for re-election, and they should file during the week of June 10th to June 14th.
On MOTION by Supervisor Gibson, seconded by Supervisor Meek, with all in favor, the Board adopted Resolution 2024-02 confirming that the Lee County Supervisor of Elections will be entrusted with the Board’s elections.
District Manager Teague also asked the Board if they would like to continue receiving paper handouts at the meetings. The Board decided that they are happy with electronic copies only.
C. Field Manager
i. Current Field Report
Field Manager Pepin reviewed the report and the following issues were discussed:
Field Manager Pepin stated that the lakes are in pretty good condition, but some treatments are needed.
He reported that a trash pickup of the lakes and catch basins was conducted last month.
He stated that the wooden box over an aerator on Lake 4 had not been replaced, so he believes that this concern is now resolved.
Chris reported that the line for a compressor needed replacement, and this has been completed.
He stated that one of the aerators was pulled out of a lake for the second time, and he suspects that a fisherman is responsible. It has been replaced, and he will continue to monitor the area.
Chris reported that the coconuts in Lake 17 have been picked up.
He stated that the contractor will be conducting the semi-annual maintenance of the preserves in the near future.
Chris stated that two dead pine trees along Bella Terra Boulevard need to be removed, and he will see that this is completed.
He stated that there are some willow trees growing into and damaging other trees along Bella Terra Boulevard, and he is obtaining a proposal for addressing this issue.
Field Manager Pepin stated that another sinkhole has formed on Bella Terra Boulevard, and Lee County is repairing it. Chair Roth asked why sinkholes continue to develop, and Chris stated that a rubber seal had failed and the manhole cover had been displaced at this particular sinkhole. Engineer Krebs stated that it is difficult to monitor all of the depressions in the roadway, and he recommends that the contractors resurfacing the roadways review the manholes while the project is being completed.
ii. Project Updates
a. Lake Bank Repair
This project has been completed.
b. Sidewalk Repairs
District Manager Teague stated that, at the last meeting, the Board decided to withhold payment on this project until it was completed to their satisfaction. The dissatisfaction was further discussed, and Attorney Urbancic stated his concern regarding the restrictions of the Prompt Payment Act. Engineer Krebs recommended paying the contractor if the trip hazard has been fixed, and possibly procuring another contractor to redo the work at a future date. The Board decided to authorize payment if Engineer Krebs is confident that the trip hazard has been mitigated. Vice Chair Reno does not believe that they should be paid, because the work was substandard. The Board asked staff to ensure that concrete work standards are included in the contract for the next project.
On MOTION by Chair Roth, seconded by Supervisor Licht, with four in favor, and Vice Chair Reno opposed, the Board authorized payment to the contractor who repaired the sidewalk, subject to review by the Engineer.
c. Muhly Grass Planting
Field Manager Pepin stated that he is working with Supervisor Licht on installing muhly grass on Lake 7.
D. Attorney
i. Gatehouse Post Orders
The revisions to the post orders were included in the packet, and District Manager Teague stated that they will be sent to Priscilla upon the approval of the Board. Attorney Urbancic stated that he is very happy with staff’s revisions, which verify that Habitat’s roads are open to the public. He also stated that we are obligated under bond indenture and Florida and Federal law to allow public access.
Chair Roth asked that the orders state that the guardhouse office is not open to the public, and District Manager Teague suggested that, in the email sent to Priscilla with the orders, she will be informed that unauthorized people are not allowed in the guardhouse office, and that access should be limited.
On MOTION by Supervisor Meek, seconded by Supervisor Licht, with all in favor, the Board approved sending the gatehouse post orders to the HOA, specifying in the email transmittal that access to the guardhouse office is limited to authorized personnel and is not open to the public.
ii. Parking Restrictions on Public Roads
Attorney Urbancic expressed concern that the HOA may not have authority to enforce parking restrictions, since they are public roads, but he stated that the CDD could adopt rules for enforcement. Supervisor Meek noted that the roads are not wide enough for cars to park on both sides. Resident Bob Vaa reported that the HOA had researched this issue previously, and confirmed that they have proper authority, and that Lee County approved the speed limits in the community. The Board was satisfied that the issue had been properly researched, and no further action was needed.
E. Engineer
i. Emergency Exit Update
Engineer Krebs reported that all the pavers have been installed, and the contractor will need to pour a concrete apron. A change order for the apron was included in the packet, and the Board approved it. Supervisor Meek asked Engineer Krebs to talk to the Village of Estero about covering part of the cost.
On MOTION by Supervisor Meek, seconded by Vice Chair Reno, with all in favor, the Board approved the change order, adding a concrete apron in the emergency exit.
Resident Mark Novitski had sent over a PowerPoint presentation on the emergency exit project, and staff is currently updating it with current information. The Board asked if this PowerPoint can be distributed to the community, and District Manager Teague stated that it will be sent.
ii. Roadway Inspection Follow-up
Engineer Krebs presented a summary of the roadway inspection and noted that some issues need correction in the near future, while some issues can be monitored for now. He suggested that the cul-de-sacs will need resurfacing in a few years, and the resurfacing can be completed in phases as the Budget allows. Charlie will also put together a list of the recommended work, and staff will obtain bids. District Manager Teague stated that Engineer Krebs had specified 3 items that should be addressed now. They include asking Field Manager Pepin to televise the drainage pipe that is settling, obtain specifications from Engineer Krebs and a proposal for the minor items, and ask Field Manager Pepin to monitor other areas of concern.
iii. Drainage Concern at 21019 Torre Del Lago
The silt barrier had failed during the construction of the pool at this address, and silt had entered the drainage swale. After Engineer Krebs’s inspection, he confirmed that there is standing water, but staff still need to survey the area. Engineer Krebs and Field Manager Pepin will look for photos of the pipe installation which the CDD had installed approximately 4 years ago to ascertain if correction is needed. It was decided that this item will remain on the Agenda.
iv. Ownership Issues Follow-up
At the last meeting, the Board asked staff to proceed with a quit claim deed for the properties in question. Engineer Krebs had inspected all of the HOA property adjacent to lakes and the preserves, and he prepared an exhibit with a list of the strap numbers. This item was tabled until Bob Vaa could discuss this with the HOA as part of the contract negotiations, since the HOA did not currently seem to be open to the idea.
SEVENTH ORDER OF BUSINESS Discussion/Action Items
A. HOA/CDD Maintenance Contract Negotiations Update
Bob Vaa reported that he had met with KJ Moses and reviewed the CDD’s and the HOA’s perspectives, and he presented an overview of the responsibilities of both entities that he and KJ had compiled. He stated that the HOA is opposed to any further transfer of property. The HOA may be open to an easement agreement, and he suggested that this should be a separate agreement, because they are filed with the County. He recommends that the CDD establish a form of communication for the purpose of informing the community about the actions of the CDD, so the residents understand how the CDD complements the community. He suggested that the CDD place articles in the newsletters that are regularly distributed to residents. He also suggested a five year contract with a 180 day notice of cancellation. He stated that he would recommend returning to the original agreement, which had been established a few years ago, and that had been successful.
There was discussion on which entity is responsible for holiday decorations, and if that needs to be changed. Mr. Vaa also presented the number of trees owned by the CDD and the HOA in the community, with the cost and maintenance required for each.
District Manager Teague stated that it is advisable that the Board give some direction to Mr. Vaa. Attorney Urbancic stated that he would like to ensure that the delineation of responsibilities comply with Florida and Federal law. Mr. Vaa suggested that this plan could be finalized, and then the CDD and HOA’s attorneys could write the agreement. After discussion, the Board asked Mr. Vaa to present a written report of all items, which he had presented, before the next meeting, so the Board can review them. They also asked for a copy of the tree report Mr. Vaa had completed.
On MOTION by Supervisor Meek, seconded by Supervisor Licht, with all in favor, the Board delayed the approval of the preliminary agreement until the next meeting.
B. Planting Proposal for Emergency Gate Area
A proposal was included in the packet with an estimate for $1,946.90.
On MOTION by Supervisor Gibson, seconded by Supervisor Licht, with all in favor, the Board approved the proposal for plantings in the area of the emergency gate, not to exceed $1,946.90.
C. Planting Proposal for Stop Signs
Field Manager Pepin has not received a proposal as of yet, so this was tabled until the next meeting.
D. Street/Sidewalk Pressure Cleaning Proposal
Field Manager Pepin had received a proposal from Triple Crown for $19,500 per year, and the proposal from Premier Pressure Cleaning was at $21,400 per year.
Vice Chair Reno left the meeting at 5:46 p.m. during the discussion on Pressure Cleaning.
On MOTION by Chair Roth, seconded by Supervisor Meek, with all in favor, the Board approved terminating the contract with Triple Crown, and hiring Premier Pressure Cleaning for street and sidewalk cleaning for the years 2024, 2025, and 2026, not to exceed $21,400 per year.
E. Guardhouse Repairs Update
A pressure cleaning proposal for the guardhouse was reviewed, but the Board requested that Field Manager Pepin obtain a proposal to chemically treat the roof and pressure wash the sides only.
F. HOA Holiday Decorations on CDD Property
This was discussed in item 7A.
G. Wind Monitoring System for Clock Tower Fountain
The Board noted that Don from Estate reported that he had retrieved a soil sample and had it analyzed for chlorine. The Board discussed using another vendor to obtain the soil sample. The Board decided to delay this item until the results from the soil sample can be obtained from either Don or a separate vendor.
On MOTION by Supervisor Meek, seconded by Chair Roth, with 3 in favor and Supervisor Licht opposed, the Board tabled discussion on the wind monitoring system for the clock tower until the results from a soil sample can be obtained from either Don from Estate or a separate vendor.
H. Water Softener System for Clock Tower Fountain
This was tabled until the next meeting.
I. Bahia Grass Mowing
Field Manager Pepin reported that Estate is no longer mowing 5 CDD parcels. Chris has been cutting these areas, and continuing this extra mowing will be an increase of $100 per month to the contract with Premier District Management. The Board approved this increase and asked staff to complete an amendment to the contract.
On MOTION by Chair Roth, seconded by Supervisor Meek, with all in favor, the Board approved amending the contract with Premier District Management to include the charge for mowing an additional 5 parcels, not to exceed $100 per month and $1,200 per year.
J. Board and Staff Communications with Vendors
To avoid confusion, Chair Roth suggested that Board members no longer communicate with the vendors, and that vendors only take directions from District Manager Teague, Assistant Manager Gindling, and Field Manager Pepin.
K. Monthly Cul-De-Sac Inspections with Estate Discussion
Don from Estate requested that a Board member accompany him on his monthly ride-around to inspect the cul-de-sacs. The Board was in favor and decided that each Supervisor will take turns monthly, and write a brief summary for the Board’s information. Supervisor Licht will accompany him the first time.
L. Hardwood Pruning Along Bella Terra Blvd Discussion
The Board reviewed the proposal from Estate for trimming the hardwoods. The Board decided to trim all of the trees noted in Bob Vaa’s report, at the price noted in Estate’s proposal, or the best price Field Manager Pepin can obtain. Staff will also ask for a copy of Mr. Vaa’s tree report.
On MOTION by Supervisor Licht, seconded by Supervisor Gibson, with all in favor, the Board approved Estate’s proposal for trimming the hardwood trees noted in Bob Vaa’s report, at the best price the Field Manager can obtain, not to exceed $80 per tree.
M. Solar Light Repair Estimate
The Board approved this estimate, and asked Field Manager Pepin to get a quote for converting the solar lights into non-solar. It was also noted that this project could be added to next year’s Budget, if needed.
On MOTION by Supervisor Meek, seconded by Supervisor Licht, with all in favor, the Board approved the proposal for West Coast Electrical to replace the solar light batteries, and controllers, if needed, on lights that are not functioning, not to exceed $6,150.
N. Asphalt Rejuvenator Information Packet
This item was tabled until the next meeting.
O. Notes from Landscape Committee Meeting
Supervisor Licht’s report from the recent meeting of the Landscape Committee was included in the packet for the Board’s information. She will continue to submit the reports regularly, and they will be included in the Consent Agenda.
EIGHTH ORDER OF BUSINESS H.O.A. Report
There was no report from the HOA.
NINTH ORDER OF BUSINESS Supervisor Requests
There were no Supervisor requests.
TENTH ORDER OF BUSINESS Audience Comments
There were no Audience comments.
ELEVENTH ORDER OF BUSINESS Adjournment
Chair Roth adjourned the meeting at 6:20 p.m.