Meeting Minutes for June 20, 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, June 20, 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
Joe Napolitano – Assistant Secretary
Also present (or attending via web conference):
Cal Teague – District Manager, PDM
Chris Pepin – Field Manager, Community Field Services
Greg Urbancic – Attorney, Coleman Yovanovich Koester, PA
K. J. Moses – President, Bella Terra Community Association
Michaele Till-Cazares – Bella Terra Community Association
Melissa Gindling – Assistant District Manager, PDM
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 Gibson. Also in attendance were Cal Teague, the District Manager, Chris Pepin, the Field Manager, K. J. Moses and Michaele Till-Cazares from the Bella Terra Community Association, Melissa Gindling from PDM and some Residents. Participating via web conference was Greg Urbancic, the Attorney.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 5Dvii Acceptance of FY 2022 Audit & Authorization to Sign Annual Financial Report
Add 6Aii Watering Schedule
Add 6Dii Resolution 2023-04 Special Powers
Remove 7A Cul-de-sac Maintenance Agreements Between CDD and HOAs
On MOTION by Supervisor Napolitano, seconded by Chair Roth, with all in favor, the Agenda was approved, as amended.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
Bob Vaa encouraged cooperation between the CDD and the HOA when considering the landscape maintenance agreement.
Mark Novitski had distributed maps and expressed his concern about the planned Larry Kiker Preserve as it borders the Bella Terra community. He does not believe that pedestrians should trespass through Bella Terra, and he believes that a letter should be sent expressing this concern.
Reas Graber commented that he agrees with Bob Vaa. He presented a letter from a resident expressing the opinion of the landscape committee, which requests better cooperation between the CDD and HOA for landscape maintenance. He also does not believe that upkeep of the cul-de-sacs was done well by the CDD when it was their responsibility. District Manager Teague clarified that the CDD never had responsibility for the cul-de-sacs, and that the maintenance agreement specified that it was BTCA responsibility.
FIFTH ORDER OF BUSINESS Consent Agenda
A. Items to Be Pulled for Discussion
Pull Dvi: Bench on Bosco Court Update
B. Motion to Approve Consent Items
On MOTION by Vice Chair Reno, seconded by Supervisor Licht, with all in favor, the Board approved items Di, Dii, Diii, Div, Dv. and Dvii on the Consent Agenda, as presented.
C. Consideration of Items Pulled for Discussion
Dvi. Bench on Bosco Court Update
Supervisor Licht stated that she understood from her communication with the resident that they would no longer request an installation of the bench.
On MOTION by Supervisor Napolitano, seconded by Supervisor Licht, with all in favor, the Board agreed to rescind their approval of the installation of a bench on Bosco Court.
D. Consent Items
i. Draft Workshop Meeting Minutes for May 16, 2023
ii. Draft Regular Meeting Minutes for May 16, 2023
A correction to the spelling of a resident’s name had been changed before the meeting, and a copy indicating the change was distributed to the Board.
iii. Financial Report for May 2023
iv. Projects and Work Order Tracking Logs
v. FEMA Reimbursement Update
vi. Bench on Bosco Court Update
Pulled for discussion.
vii. Acceptance of FY 2022 Audit & Authorization to Sign Annual Financial Report
SIXTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
i. Irrigation Maintenance Contract Update
Field Manager Pepin stated that the contract with Napier Enterprises for pump station maintenance has been signed. No Limit Irrigation is being used on an emergency basis for irrigation maintenance, but they have not been needed. Field Manager Pepin stated that he had sent a revision of a proposed contract to No Limit Irrigation and has received no response, because they are resolving some staffing issues. He hopes to have a contract available soon.
ii. Watering Schedule
District Manager Teague stated that there had been some complaints recently about the watering schedule. It was noted that when Tad Kring was the owner of Irrigation Specialists, he coordinated with Don and Ed Napier regarding the pump water schedule, which is turning on and off the irrigation pumps. Now that Tad has left, Field Manager Pepin has assumed the responsibility until a new contractor is obtained. Chair Roth and Field Manager Pepin had discussed the possibility of acquiring rain gauges to resolve the issue, which would allow better coordination of the water schedule. There was discussion on the water use permit and the best strategy for controlling the pumps. It was decided that Field Manager Pepin and Don will continue with the same schedule, and District Manager Teague will discuss a more effective policy with Field Manager Pepin, and present it at the next meeting.
B. District Manager
i. Audit RFP Selection Process
District Manager Teague stated that the Board is required to form an audit selection committee every three years, which is usually the Board themselves, for the purpose of selecting an auditor.
On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with all in favor, the Board appointed themselves as the audit selection committee to review the qualifications of several auditors, and make a recommendation on a selection at the August 15, 2023 meeting.
C. Field Manager
i. Current Field Report
Field Manager Pepin reported on the following issues:
He stated that the lakes are in fair to good condition. There are shoreline weeds that are being treated, and there is a low presence of algae.
He reported that there are broken air stations on Lakes 6 and 10, and he has requested a proposal from Premier Lakes for their repair.
On Lake 16 there are broken air stations along with floating air tubing and a compressor that is beginning to rust, and Premier Lakes has submitted a quote of $7,750. Chris stated that the compressor can be put in storage, since it is still in fairly good condition.
Vice Chair Reno stated that the trail camera recordings have revealed a young person fishing where there was an alligator, and he wondered if signage should be installed. Attorney Urbancic recommended that signage be installed or a warning be sent when there is danger from wildlife detected. There was discussion about installing signage in the most dangerous areas to avoid the cost of installing signs on every lake. Various types of effective communication to the community was also discussed.
It was decided that Field Manager Pepin will see that warning signage is installed, indicating the presence of alligators and venomous snakes at the areas which are most dangerous. This will be determined by staff, and an e-blast will be sent to the community.
Filed Manager Pepin mentioned some of the activity he had seen from the camera recordings, and he noted that materials have been thrown into Lake 7.
He reported that the trees that had been installed last month are doing well, except for a shady lady, so it is being monitored. He stated that it can possibly be replaced under warranty.
He is trying to get a quote for trimming the hardwood trees, but he has not received a written proposal as of yet. A verbal quote came in at $65+ per tree.
There was discussion concerning the installation of a screen at a pump station near the first round about, and Field Manager Pepin stated that there is a lot of vegetation in that area. It was stated that there is a county-owned station next to the CDD pump station, and some screening could be used there, but the CDD has no jurisdiction.
ii. Project Updates
a. Lake Bank Repair
Field Manager Pepin noted that there are new washouts on Lakes 3, 7, and 9 where the lake banks are being repaired, and it appears to be caused by irrigation or stormwater runoff. He also noted that residents have been installing drain pipes toward the lakes, and Pristine Lakes will be stabilizing these areas and repairing the additional washouts. Pristine Lakes has brought in additional dirt to repair the new washouts and has installed additional catch basins after discovering areas that collect a lot of water. They have also connected some of the drainage pipes from residents’ yards to the drain boxes. If residents contact the CDD when these drainage pipes are installed, the CDD will consider connecting them to the drain boxes.
There was discussion on informing the residents about the proper way to install drain pipes and catch basins, which would be installed up to their property line, and then the CDD would complete the installation into the lake. It was stated that the CDD can enforce the proper installation, because it impacts CDD property, and the ARC can assist.
b. Asphalt Repair Near Clocktower
Field Manager Pepin stated that the County had informed him on June 12th that the new asphalt is scheduled to be installed within the next 2 or 3 weeks. The County also stated that they have found no additional issues with the sewage pipes.
Vice Chair Reno asked if Chris had received a quote from a tree company for trimming the hardwood trees on Bella Terra Boulevard, and Chris stated that he has had no response from them.
i. Legislative Update
Attorney Urbancic notified the Board that the Florida legislature had passed the ethics legislation, which requires the District Supervisors to complete a 4 hour course, taking effect on January 1, 2024. He stated that the Board will now be certifying on Form 1 that they have completed the course, and it will require electronic filing.
Greg stated that the requirements for E-Verify will be more stringent beginning in 2024, but it will not require inclusion in contracts. He stated that the CDD should continue using the contract language they have used in the past.
ii. Resolution 2023-04 Granting the Board Special Powers
Attorney Urbancic submitted a resolution which would grant additional special powers to the Board, including ownership of the roads. Once it is signed, this request will be given to Lee County, and the special powers will apply upon its approval.
On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with all in favor, the Board approved Resolution 2023-04 authorizing, pursuing, and requesting the County to grant the CDD Board of Supervisors special powers, as provided in Chapter 190.
i. Emergency Exit
A copy of a change order from Collier Paving was included in the packet for $17,857, requesting additional work at the exit, and also a proposal of $27, 365 from Triple J Grassing and Mulching for installing plantings in the area.
On MOTION by Vice Chair Reno, seconded by Supervisor Licht, with all in favor, the Board approved a change order from Collier Paving, increasing the quote for work at the exit, not to exceed $17,587, and a quote from Triple J Grassing and Mulching for installing vegetation at the exit, not to exceed $27,365.
There was discussion on the need for additional lighting at the exit, and it was decided to table this until the next meeting.
ii. Hole Montes Name Change to Bowman, Inc.
District Manager Teague stated that the engineering firm Hole Montes will now be referred to as Bowman, Inc. He stated that Engineer Krebs will still be the District’s engineer, and Engineer Krebs will clarify this change at the next meeting, because he was not able to attend today.
SEVENTH ORDER OF BUSINESS Discussion/Action Items
A. Master Offer for CDD Landscaping
The HOA had submitted a proposal for the maintenance agreement. If the CDD does not accept this offer, the HOA has the option of terminating the current landscape maintenance agreement at the end of July. There was discussion between the Board and the HOA Master Landscape Committee members present.
On MOTION by Supervisor Licht, seconded by Chair Roth, with one in favor, and Chair Roth, Vice Chair Reno and Supervisor Napolitano opposed, the Board voted on the proposal of May 25, 2023 from the HOA Master Landscape Committee, that the CDD will pay for landscape maintenance of CDD property and will trim the hardwood trees. Motion failed.
On MOTION by Chair Roth, seconded by Supervisor Licht, with one in favor, and Chair Roth, Vice Chair Reno and Supervisor Napolitano opposed, the Board voted on reconsidering the previous motion. Motion failed.
B. Clock Tower Conditions Follow Up
i. Tile Options
Chair Roth submitted a sample tile, and the Board discussed installing it behind the spillways, and what the visibility of calcification would be with this tile. It was suggested that calcification would not show up as much on the color of this tile. Although the price for the tile was included, the labor cost for removing the old tile and installing the new tile had not been determined.
It was decided that a contractor will be sought for the installation of the tile, and Vice Chair Reno will obtain pricing for cleaning. This issue will be discussed further at the next meeting.
C. Light Pole Installation Follow Up
Field Manager Pepin stated that he is still waiting for a proposal from West Coast Electrical for a light pole at the crosswalk.
D. Guardhouse Cleaning and Repairs
Chair Roth stated that some of the cleaning had been completed, and it was noted that the new door had been ordered. The Board wants to ensure that all maintenance items are completed at the same time, so that traffic can be re-routed at the same time. Since a contractor could not be found to replace the UV film, the Board suggested other options, and District Manager Teague stated that they will get a quote for a full-length shade. If an acceptable option is found under $1,000, it will be installed.
E. Water Quality Monitoring Services Agreement
The company who had previously provided water quality monitoring was bought out and the new firm is not offering this service. An agreement with the new company was in the packet, and District Manager Teague stated that Steve Kohlmeier will remain as the technician, and the charges will be the same.
On MOTION by Supervisor Napolitano, seconded by Vice Chair Reno, with all in favor, the Board accepted the agreement with RMA Geological Consultants, Inc. for water quality monitoring, not to exceed $475 per month, with the Chair authorized to sign.
F. Proposal for New Aerator System in Lake 16
The aerator system in Lake 16 was completely rusted through, and Premier Lakes had submitted a proposal for replacing it. Field Manager Pepin stated that the current compressor is in good condition and will be stored for future use.
On MOTION by Supervisor Licht, seconded by Vice Chair Reno, with all in favor, the Board accepted the proposal from Premier Lakes for replacing the aerator system in Lake 16, not to exceed $7,750.
EIGHTH ORDER OF BUSINESS H.O.A. Report
K. J. Moses stated that all of the cleaning at the guardhouse, which Supervisor Licht had suggested, has been completed.
He stated that there is a need for better communication between Don from Estate and Pete Moore, the other landscape contractor in the community, so that the irrigation shut off and turn on will be better coordinated, and since Estate does not work in the entire community.
Because the rental policy has changed, K. J. recommended that the Board contact Priscilla at the clubhouse with next year’s meeting schedule, so the Board can continue meeting in the clubhouse room.
He stated that the Master HOA will be meeting next week and will decide whether to continue or terminate the landscaping agreement.
Upon Chair Roth’s request, K. J. offered to send the CDD meeting dates as an e-blast to the community as long as the request is sent to Priscilla.
NINTH ORDER OF BUSINESS Supervisor Requests
Supervisor Licht commented that the shrubs will be trimmed this month. She also commented that two trees will be planted in the near future. In addition, she stated that Field Manager Pepin has not located any buttonwood trees, so they will be investigating other options.
Supervisor Napolitano wondered when the swale at the exit will be filled in, which is part of the change order approved earlier in the meeting. Staff was not sure of the timeline, so they will check with Engineer Krebs.
TENTH ORDER OF BUSINESS Audience Comments
Susan Prock asked about an option for the drainpipe extensions on her property, and it was stated that she should contact ARC, and they can contact the CDD if necessary. She also invited the Board to join the landscape committee’s ride-arounds on the 1st Friday of each month.
Michaele Till-Cazares noted locations on CDD property where mulch needs to be installed, some buttonwoods removed, and hedges that need replacement.
Diane Meeks asked about the dead trees, and if there was a sprinkler installed near them. Field Manager Pepin stated that there is. She also asked about the sensors on the pump stations.
ELEVENTH ORDER OF BUSINESS Adjournment
Chair Roth adjourned the meeting at 6:14 p.m.