Meeting Minutes for July 16, 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, July 16, 2024 at 4 p.m.
Present and constituting a quorum were:
Larry Roth – Chair
Norman Reno – Vice Chair
Jenny Licht – Assistant Secretary
James Meek – Assistant Secretary
Also present:
Cal Teague – District Manager, Premier District Management (PDM)
Chris Pepin – Field Manager, Community Field Services
Melissa Gindling – Assistant District Manager, PDM
Mandie Rainwater – Assistant District Manager, PDM
Diane Meek – Resident
Bob Vaa – Resident
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 Four Board members were present. Also in attendance were Cal Teague, the District Manager, Chris Pepin, the Field Manager, Melissa Gindling, Assistant District Manager, Mandie Rainwater, Assistant District Manager, and Residents Diane Meek and Bob Vaa. Attending remotely was Greg Urbancic, the Attorney.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 7J Resident Request to Host 5k Walk/Run
On MOTION by Supervisor Licht, seconded by Supervisor Meek, with all in favor, the Agenda was approved, as amended.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on Agenda items.
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 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 June 18, 2024
ii. Draft Regular Meeting Minutes for June 18, 2024
iii. Financial Report for June 2024
iv. Project Tracking Logs
v. FEMA Reimbursement Update
District Manager Teague stated that 3 appeals have been submitted, and all were submitted to FEMA and FDEM before the deadline. FDEM validated the receipt of the total amount of submissions requested, and now has 60 days to file a recommendation with FEMA. Once that is completed, FEMA has 90 days to submit a new determination memo. The total cost of the first appeal, to date, is $1,053, and District Manager Teague stated that PDM will pay 50%, which will be indicated in the monthly invoices.
SIXTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
i. Irrigation Line Treatments Follow-up
Field Manager Pepin reported that the contractor is scheduled to start the treatments on July 18th. Once the chemicals are introduced into the system, it will be shut off for 2-3 days, after which the lines are flushed, pumping out dead snails and any non-active chemical. A report with photos will follow.
B. District Manager
i. District Goals and Objectives Document Update
District Manager Teague stated that staff is working on a draft, which will meet the statutory requirements, and it will be forwarded to Attorney Urbancic for his review. It will be available for the Board’s review at the next meeting. Attorney Urbancic believes the Habitat CDD is further along than other communities. There was discussion on the requirement for a resolution to accept this document, and Attorney Urbancic stated that it is not needed, but it may be useful for record keeping.
C. Field Manager
i. Current Field Report
Field Manager Pepin reviewed the field report and the following was discussed:
He reported that the lakes have algae, and various methods of removal were discussed. Field Manager Pepin stated that mechanical harvesting is one of the methods, but it is very expensive. He stated that the algae can make its way into a lake in a number of ways and can never be totally removed. He recommended chemical treatment as the quickest method, but fish that eat algae can be added to the lakes. Supervisor Licht supported a more natural approach, such as fish, rather than chemicals, if possible.
Chris reported that the recently planted cypress trees on Lakes 1, 6, and 7 are leaning, and the contractor will re-stake them when they are planting the muhly grass.
He stated that the dead trees along Lake 12 will be removed within a week.
Chris reported that the Larino Loop stop sign was moved to the original location.
District Manager Teague stated that the preserve property line was previously staked and encroaching vegetation was removed. It was stated that homeowners can prune encroachment from the preserve on their property that is past those markers.
Chris stated that West Coast Electrical is performing final testing on the solar light heads, and they should be installed in the near future. The technology was updated and should be more efficient.
Chair Roth asked about painting the light poles, and Chris stated that this could be completed in the fall.
Chair Roth asked about the dead alligator, and Field Manager Pepin reported that it was removed.
ii. Project Updates
a. Muhly Grass Planting
Chris reported that the contractor attempted to plant the muhly grass, but the lake level was too high for planting. He will continue to monitor the shoreline and determine the best planting time.
b. Hardwood Pruning
He stated that Estate reported that this project is complete.
c. Guardhouse Repairs
Chris reported that the guardhouse has been pressure washed and Wet and Forget was applied to the roof.
d. Lake 14 Boulder Removal
He observed that the boulder had been removed.
e. Buttonwood Tree Replacement Lake 7
Chris stated that the installation should hopefully be completed within the next month when they are planting the muhly grass.
D. Attorney
i. Levine Litigation Update
Attorney Urbancic reported that the Attorney for the District’s Insurance was authorized to offer a settlement. Attorney Urbancic informed the Board that they have requested a trial date, but he has not been informed about a date as of yet.
ii. Notice of Claim: Mary Ann Lauria
Attorney Urbancic stated that the Notice of Claim was received from Ms. Lauria’s new attorney, but a suit has not been filed as of yet.
E. Engineer
i. Emergency Exit Update
District Manager Teague stated that Engineer Krebs has no updates.
ii. Drainage Concern at 21019 Torre Del Lago
The Engineers reported that the crew has surveyed the area, and they are waiting for their interpretation.
SEVENTH ORDER OF BUSINESS Discussion/Action Items
A. HOA/CDD Maintenance Contract Negotiations Update
Bob Vaa had drafted an agreement with KJ, and it was forwarded to staff, and staff developed a document with their comments and Attorney Urbancic’s comments. Mr. Vaa’s role was incorrect in the first draft, so a corrected page was sent out in the Additional Materials. Attorney Urbancic believes that there are multiple agreements in this draft, and District Manager Teague agreed. This document will be divided into at least two agreements and into a memorandum of understanding (MOU). District Manager Teague will work with Attorney Urbancic.
There was discussion on several items in the proposed agreements, determining what will be included in the final agreements.
B. Lakes to be Transferred from HOA to CDD Follow-up
This is a portion of what will be included in the final agreements, and Attorney Urbancic will ensure that it meets the legal standards.
C. Roadway Repairs
District Manager Teague stated that there are no updates from Engineer Krebs as of yet, but once they have provided their report, the Board would like to move forward with proposals.
D. Asphalt Rejuvenator Follow‐up
Attorney Urbancic and Engineer Krebs have confirmed that the bid threshold will be $519,000 for this project. Staff’s comparison document and a proposal from one of the vendors is included in the Agenda Packet. Mr. Shane from APS submitted a formal proposal, which is included in the Additional Materials. Engineer Krebs also emailed his thoughts on the process, and it was included in the Agenda Packet. The Board reviewed the proposals and discussed the advantages and disadvantages of each. They asked staff to contact references for the three vendors. This was tabled for further discussion at the next meeting.
E. Cul‐de‐sac Ride Around Update
Supervisor Licht identified many needs from her inspection, and she suggested that Don develop a maintenance plan. Don will obtain proposals and forward them for approval. After the work is completed, it will be inspected and signed off. Supervisor Licht mentioned that deer are eating a lot of the landscaping and trees.
F. Resolution 2024‐04: Emergency Gate Procedure
The Board agreed that the lockbox will be stored in Pricilla’s office, and emails were added for an additional contact method. The procedure was updated, and the Resolution was approved. The updated policy will be sent in a separate email to the Board.
On MOTION by Supervisor Meek, seconded by Supervisor Licht, with all in favor, the Board approved Resolution 2024-04, approving the emergency gate procedure, with revisions as discussed.
G. Contract For Clocktower Maintenance
The Board approved the clocktower maintenance contract with Verdin.
On MOTION by Supervisor Meek, seconded by Supervisor Licht, with all in favor, the Board approved the contract with Verdin for clocktower maintenance.
H. Vendor Policy and List
Per Chair Roth’s request, a vendor list was developed to address possible emergency situations, as well as, a proposed set of guidelines. The policy is being finalized and will be sent to the Supervisors in a separate email.
I. Street Sweeping Estimate
The Board approved the proposal from Precision Cleaning for completing street sweeping, as needed.
On MOTION by Supervisor Meek, seconded by Supervisor Licht, with all in favor, the Board approved the proposal from Precision Cleaning for completing street sweeping, as needed.
J. Resident Request to Host 5K Walk/Run
A resident sent a request for permission to use the sidewalks in Bella Terra for a 5k walk/run. There was discussion on community events that the CDD may not have been made aware of. Supervisor Licht asked for a list of locations that a group can use to inquire about insurance coverage, and it will be included in the policy.
Staff is drafting a special event policy for review by the Supervisors for uniformly approving events held on CDD owned property. It will be sent to Attorney Urbancic for his opinion and presented to the Board at the August meeting.
EIGHTH ORDER OF BUSINESS H.O.A. Report
There was no report from the HOA.
NINTH ORDER OF BUSINESS Supervisor Requests
Supervisor Meek commented that the left turn lane leaving the community has low visibility. District Manager Teague will ask Engineer Krebs to inspect it and determine if the bushes need to be cut back.
Supervisor Licht commented that she would like to see who is responsible for the communication box on South Bella Terra Boulevard, so they can be contacted to close the box. She also commented that there is a lot of sand on the sidewalk around the clocktower.
Chair Roth commented that he believes the lights still remain on in the median near the clock tower. He had also attended the Landscape Committee meeting, and they were discussing some replanting near the clocktower. He was concerned that the electrical could possibly be cut. Field Manager Pepin will work with the landscaper to address the issue.
Chair Roth also commented that he would like to discuss options for changing the engineer. Of the three options discussed, the Board agreed that District Manager Teague will contact the current firm concerning the selection of a different engineer from the same firm, so that delays will be minimized.
TENTH ORDER OF BUSINESS Audience Comments
There were no Audience comments.