Meeting Minutes for March 19, 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, March 19, 2024 at 4 p.m.
Present and constituting a quorum were:
Norman Reno – Vice Chair
Jenny Licht – Assistant Secretary
James Meek – Assistant Secretary
Attending remotely:
Larry Roth – Chair
Linda Lea Gibson – Assistant Secretary
Also present:
Cal Teague – District Manager, Premier District Management, (PDM)
Melissa Gindling – Assistant District Manager, PDM
Residents
Attending remotely:
Greg Urbancic – Attorney, Coleman Yovanovich Koester, PA
Charlie Krebs – Engineer, Hole Montes, Inc.
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 three Board members were present, with Chair Roth and Supervisor Gibson attending remotely. Also in attendance were Cal Teague, the District Manager, Melissa Gindling, the Assistant District Manager, and Five Residents. Participating remotely was Charlie Krebs, the Engineer, and Greg Urbancic, the Attorney.
On MOTION by Supervisor Licht, seconded by Supervisor Meek, with all in favor, the Board approved the remote attendance of Chair Roth and Supervisor Gibson.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 6Biii: PDM Landscaping Contract Amendment
Add 7F: Cul-de-sac Ride Around Update and Proposals
Add 7G: B&T Meeting Summary
The Board asked staff to send any items which require a vote at least 3 days in advance of the meeting, so they have the proper time to review. Additional materials packets will now be prepared the Friday before the meeting, instead of the day before the meeting.
On MOTION by Supervisor Meek, seconded by Supervisor Licht, with all in favor, the Agenda was approved, as amended.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
Diane Meek commented about an upcoming FPL Q&A meeting in Bella Terra. The Board asked Supervisor Gibson to be the Board representative, and she will mention the outstanding work orders that FPL has in the community.
Rob Warner commented about the irrigation timers used for the car wash, and the Board let him know that Don from Estate and the HOA control this.
FIFTH ORDER OF BUSINESS Consent Agenda
A. Items to Be Pulled for Discussion
There were no items pulled.
Chair Roth had a question about the non ad valorem taxes.
B. Motion to Approve Consent Items
On MOTION by Chair Roth, seconded by Supervisor Licht, with all in favor, the Board approved all Consent Items, as presented.
C. Consideration of Items Pulled for Discussion
D. Consent Items
i. Draft Regular Meeting Minutes for February 20, 2024
ii. Financial Report for February 2023
iii. Project Tracking Logs
iv. Fiscal Year 2023 Audit Report
SIXTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
i. Irrigation Line Treatments Follow-up
District Manager Teague stated that the Board had previously approved $55,000 for this project, and it will cover the installation of these valves, the pump modifications, and the line treatment. He stated that a report was received from Aaron at Insight Irrigation just before the meeting, identifying the locations where 12 flush valves will be installed. The next step is for No Limit to install these valves. It was also noted that the flush valve installation was a one-time cost, but any future line treatments would be an additional cost.
B. District Manager
i. FEMA Reimbursement Update
District Manager Teague reported that they have received no further updates from FEMA.
Vice Chair Reno asked if the CDD absorbs the HOA costs after a hurricane. District Manager Teague stated that the CDD is responsible for removing all debris from CDD roads, whether it is a public or a privately owned tree that fell into the road.
ii. Fiscal Year 2025 Budget Discussion
District Manager Teague reported that Budget items that have been submitted up to this point include tree trimming, maintenance contract negotiation items, and solar light conversion and replacement. He stated that the draft Budget will be presented at the April meeting, and if any Supervisors have additional line items or projects they would like to see included, he asked them to contact staff. It was noted that the roadway reserves will be approximately $800,000 for the next fiscal year.
iii. PDM Landscaping Contract Amendment
This amendment was to include additional mowing services by Field Manager Pepin. The additional cost of $100 per month was approved at the February meeting. The Board approved this amendment to the management contract.
On MOTION by Chair Roth, seconded by Supervisor Meek, with all in favor, the Board approved the amendment to the contract for an additional $100 per month for additional mowing services.
C. Field Manager
i. Current Field Report
There were no questions about the report.
ii. Project Updates
a. Muhly Grass Planting
This proposal has been signed and returned to Pristine Lakes. Plants will be installed nearer to the rainy season.
b. Hardwood Pruning
District Manager Teague stated that Don from Estate had counted the CDD hardwoods along the main boulevard using Bob Vaa’s document, and his count was 191 trees, which is 20 more than Bob Vaa had counted. The Board had questions about the contract with the HOA covering tree trimming, and the price of pruning after the hurricane. District Manager Teague reminded the Board that they approved this tree trimming project at the last meeting, and only the number of trees needed to be confirmed. After discussion, the Board agreed to increase the number of trees to be trimmed by 20, for a total of 191. Staff will have Estate provide an updated estimate showing this and ask Field Manager Pepin to confirm he agrees with the tree count.
On MOTION by Supervisor Licht, seconded by Chair Roth, with 4 in favor and Supervisor Meek opposed, the Board approved increasing the number of hardwood trees to be trimmed by 20, for a total of 191 trees.
c. Guardhouse Repairs
District Manager Teague reported that the soffit has been fixed, and the exposed plywood behind the slider door has been cleaned up, but it may need to be painted again, because of poor quality paint. Pressure washing will be completed as soon as possible. After speaking to Premier Pressure Cleaning, they advised not to use any chemicals on that roof, because they could drip onto cars passing by. Premier was planning to pressure clean the roof with water and then apply the wet and forget solution to the tiles. The Board requested that they only use the wet and forget solution on the roof, because they were concerned about damage from the pressure wash.
District Manager Teague presented updates on the following projects:
The County has repaired the asphalt around the depression on Bella Terra Boulevard.
The uplifted sidewalk panels that were noted in the Field Report have been grinded down.
The clock tower fountain vault with standing water was caused by a bad seal and is being replaced by VIP Pools.
The clock tower fountain timer and pool light replacement have been approved.
D. Attorney
District Manager Teague noted that the Levine insurance lawsuit had an update, and according to the attorney recently hired by the insurance company, the plaintiff has changed the location of the alleged fall. District Manager Teague visited the location, but did not see the trip hazard that had been described. Attorney Urbancic mentioned that he will research and see if the defendant has submitted a modified complaint.
E. Engineer
i. Emergency Exit Update
Engineer Krebs stated that Collier Paving reported that they completed the work last Friday, except for the installation of the animal barriers on the pipes. Engineer Krebs will now schedule a meeting with Lee County DOT to ensure that everything has been completed up to their standards.
ii. Drainage Concern at 21019 Torre Del Lago
Engineer Krebs stated that the survey by Engineering staff is still pending, and Engineer Krebs is hopeful that it will be completed by this upcoming month. If staff is able to prove there was a change since the pool was installed, they will ask the homeowner to resolve the issue of sediment left in the swale.
SEVENTH ORDER OF BUSINESS Discussion/Action Items
A. HOA/CDD Maintenance Contract Negotiations Update
i. Negotiation Overview
Bob Vaa provided an update on the status of the negotiations with KJ from the HOA. He noted that he is disappointed at the slow speed of the negotiations. KJ has reported that the HOA feels that the CDD should continue to pay the HOA for landscaping services. Mr. Vaa noted that the CDD could charge the HOA for the use of the gatehouse. District Manager Teague and Attorney Urbancic expressed concern if the HOA will have control of the speed limits and speed bumps, since the roads are public and owned by the CDD. It was suggested that this item could be resolved separately from the maintenance agreement.
Supervisor Meek stated that he believes that the CDD should assume control over all that they own. The Board stated that they are concerned about the quality of the work done on those items that the HOA is responsible for, and Vice Chair Reno stated that the HOA has not been using their budget effectively. There was discussion on the responsibilities of each entity. It was decided that Mr. Vaa’s proposed agreement is acceptable on the whole, and the control of the speed limits and speed bumps will be determined separately by collaboration between the attorneys of each entity.
ii. Tree Count Document
This was discussed earlier in the meeting.
B. Planting Proposal for Missing Plants at Street Signs
Estate provided an estimate to replace 63 dwarf ixoras and apply mulch to these locations for $1,803.50. The ixoras being replaced are either missing or in poor condition. Supervisor Licht commented on the importance of the maintenance of the plants. The Board approved the proposal.
On MOTION by Supervisor Licht, seconded by Supervisor Meek, with all in favor, the Board approved the replacement of 63 dwarf ixoras and the application of mulch at street signs, not to exceed $1,803.50
C. Clock Tower Fountain
i. Soil Sample Update
The soil sample results had been received, and it was noted that no high traces of chlorine were found in the sample. Don from Estate will be adjusting the fertilizer in the area to address calcific lime. It was suggested that replacing the soil in the area may be beneficial.
ii. Wind Monitoring System
Don from Estate does not recommend installing the wind sensor. After reviewing the soil sample, the Board decided not to move forward with the wind monitoring system.
On MOTION by Vice Chair Reno, seconded by Supervisor Meek, with all in favor, the Board denied the installation of a wind sensor.
iii. Water Softener System
This item was removed from future Agendas.
D. Roadway Repairs
Engineer Krebs and Field Manager Pepin are preparing a list of repairs so Chris can request proposals.
E. Asphalt Rejuvenator Follow-up
Vice Chair Reno reported that he found another rejuvenator option that is less expensive, and he would like to compare it with the Veritas system. He stated that this product is absorbed into the asphalt and softens it. Engineer Krebs reported that rejuvenators could buy some time before the asphalt needs to be milled and paved, however, the Board should ensure that the price comparison between the product and milling and repaving makes sense financially. The Board decided to separately visit a neighboring community to view the results of the alternative rejuvenator, and possibly schedule a presentation by this company.
F. Cul-de-sac Ride Around Update and Proposals
Supervisor Licht attended the cul-de-sac ride around with Don from Estate, and Estate provided three proposals as a result of the ride around. The Board approved the two proposals addressing work inside some of the cul-de-sacs but asked for a better explanation of the scope of work for the proposal for application of Verde Cal G.
On MOTION by Supervisor Licht, seconded by Supervisor Meek, with all in favor, the Board approved two proposals from Estate for the installation of plantings inside some of the cul-de-sacs.
G. B&T Meeting Summary
Chair Roth provided a summary of the Buildings &Tangibles meeting and reported that the HOA would like to install some new dog waste removal signs and would like the CDD’s approval. There was no support for this from the Board. It was also noted that the new cell tower will be a sufficient height for coverage of the entire community.
EIGHTH ORDER OF BUSINESS H.O.A. Report
There was no report from the HOA.
NINTH ORDER OF BUSINESS Supervisor Requests
A. CDD Newsletter Articles
Chair Roth requested that more Supervisors contribute articles for the Bella Terra newsletter and mentioned that he has an idea for another article to write.
B. Supervisor Communication Regarding CDD Policies
It was mentioned that the drainage policy for the community may have been communicated incorrectly to a resident. Chair Roth suggested that all CDD policy communications should come through the PDM office to ensure the correct information is provided.
TENTH ORDER OF BUSINESS Audience Comments
There were no Audience comments.