Meeting Minutes for November 15, 2022
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, November 15, 2022 at 4 p.m.
Present (or attending via web conference) and constituting a quorum were:
Joe Napolitano – Chair
Larry Roth – Vice Chair
Linda Lea Gibson – Assistant Secretary
Jenny Licht – Assistant Secretary
Also present (or attending via web conference):
Cal Teague – District Manager, PDM
Chris Pepin – Field Manager, Field Management Services
Tad Kring – Irrigation Specialists
Charlie Krebs – Engineer, Hole Montes, Inc.
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, with Vice Chair Roth attending via web conference. Also in attendance were Cal Teague, the District Manager, Chris Pepin, the Field Manager, Tad Kring from Irrigation Specialists, Charlie Krebs, the Engineer, and some Residents. Participating via web conference was Greg Urbanic, the Attorney.
On MOTION by Supervisor Licht, seconded by Supervisor Gibson, with all in favor, the Board accepted Vice Chair Roth’s attendance via web conference, due to unforeseen circumstances.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 6Bii FEMA Reimbursements Discussion
On MOTION by Chair Napolitano, seconded by Supervisor Licht, 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 the Agenda.
FIFTH ORDER OF BUSINESS Approval of Meeting Minutes
B. Draft Regular Meeting Minutes from October 18, 2022
On MOTION by Chair Napolitano, seconded by Supervisor Licht, with all in favor, the Board accepted the October 18, 2022 Draft Regular Meeting Minutes, as submitted.
SIXTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
i. Monthly Irrigation Report
Tad Kring reviewed his report and the following items were discussed:
Tad stated that everything is functioning well, except for the periodic mainline breaks, which is expected. The appearance of snails has gone down significantly, and Vice Chair Roth asked when the snails are expected to return during the year, and when it is time to begin treatment. Tad stated that they usually appear when the water goes down, but there is still a small number of snails this year.
District Manager Teague asked about well pump maintenance with recharge wells, and Tad stated that they are tested monthly.
B. District Manager
i. Hurricane Ian Storm Damage Discussion
District Manager Teague reported that Chris is still assessing the damage and has been obtaining estimates, and at this point the expenses accrued are $34,822. Supervisor Gibson wondered about reimbursement for the HOA, and District Manager Teague stated that they will need to put their expenses in the CDD’s name, which they are aware of.
ii. FEMA Reimbursement
District Manager Teague stated that, due to the increase in work effort, he must charge for this service, because it is outside of the current contract, and it would cost $65 per hour for staff to submit claims to FEMA, and $350 per hour to use a grants consultant. They have retained a consultant which will be used if the need arises. He hopes to keep the expenditure at 5% of the awarded funding.
On MOTION by Vice Chair Roth, seconded by Supervisor Licht, with all in favor, the Board approved $65 per hour for staff to submit claims to FEMA, and $350 per hour for a consulting firm, with the consulting firm limited to 4 hours, with the approval of the chair.
There was discussion on some of the specific damage that could be added to the claim, which staff is reviewing.
C. Field Manager
i. Project Updates
Field Manager Pepin reported on the following issues:
a. FPL Street Light Head Replacement Update
Chris stated that the project had been completed, and he noted that a few of the new light fixtures were damaged in the storm.
ii. Current Field Report
Chris reported that the lakes are in overall good condition, and the littorals that were planted are doing well. They are removing debris resulting from the hurricane, and the issue with aeration has been addressed.
The Board noticed that the Christmas lights have been turned on, but there are some that are not working. Supervisor Licht stated that she has been working with Cindy on the issue, and they are also ensuring that the watering is done in the middle of the night to avoid the potential of the lights shorting out.
Chris is waiting to hear from the County about their findings on the sink hole on the south side of the clock tower. If the problem is a County issue they will repair it, or the CDD will hire a contractor, if the problem is a CDD issue. The clock tower has also been collecting water, and Chris found a leaky pipe. There was also discussion about installing sump pumps to prevent flooding within the control room.
A resident is building a pool, and Chris noted that the silt barrier has sections which seem to have failed. He will continue to monitor the construction.
The stumps from hurricane damaged trees have been removed from the pump stations, and plants have been installed.
The SFWMD did their annual inspection, and they reported that homeowners are putting waste and debris in the preserves, which they are not allowed to do. Supervisor Licht will send a letter to the HOA.
a. Projects and Work Order Tracking Logs
This was in the packet, and there were no questions.
iii. Hurricane Ian Clean Up Update
a. Fountain Geyser Pumps
Chris reported that the VFD system for the pumps has been restored, and the geysers are back online.
b. Privacy Fence Repair
The fence at pump station #4 will be repaired by the end of the month.
c. Stormwater System Cleaning
Chris stated that he had received a quote from Sewer Viewer for the visual inspection of the stormwater system.
On MOTION by Chair Napolitano, seconded by Supervisor Gibson, with all in favor, the Board approved Sewer Viewer’s visual inspection of the stormwater system, not to exceed $11,000.
d. Roadway Sign Repairs Update
A deposit invoice has been submitted, and they are now in the queue to have the signs manufactured.
Attorney Urbancic had nothing to report.
Concerning the driveway that will be installed at the pump stations, the Board discussed the necessity of the HOA transferring the properties to the CDD, so the project can be completed. Attorney Urbancic stated that they cannot be forced to transfer it, and the CDD cannot spend money on a property that has not been transferred to the CDD. District Manager Teague stated that the proposal is to install turf block in 3 driveways at the cost of $53,000, with the County agreeing to be responsible for paving one. Chair Napolitano will ask Supervisor Novitski to go with him to the next HOA meeting to discuss the issue.
Engineer Krebs discussed the following items from his report:
i. Emergency Exit Update
Engineer Krebs stated that the County is waiting until the current project is totally complete, and they are in the process of grading.
ii. Traffic Lights on Community Entrance Road Update
Charlie had no update.
iii. Corkscrew Road Discharge into Lake 1 Follow Up
Charlie had no update.
iv. Third Exit Lane Follow Up
Charlie stated that the County wants the traffic movement at the turn to be at the same time. The Board discussed the disadvantages of cutting into the median, which would be required. They also discussed waiting to make a decision until the improvements at Corkscrew are complete, and data from the traffic survey is available.
On MOTION by Supervisor Licht, seconded by Supervisor Gibson, with all in favor, the Board agreed to table the decision on a third exit lane until the improvements at Corkscrew are complete, and data from the traffic survey is available.
SEVENTH ORDER OF BUSINESS Discussion/Action Items
A. Interior Gatehouse Maintenance Concerns Update
Supervisor Licht had received a report from Cindy that all was complete. After Supervisor Licht’s inspection with Chris, they found that some had been completed, but it was not done well. Supervisor Licht will speak with Cindy again, and if the HOA does not follow through with the requested improvements, the Board will consider rescinding the maintenance agreement with the HOA and reestablishing the responsibility for its maintenance to the CDD.
B. Guardhouse Speed Hump Project Update
The Board agreed to wait on a decision until they have the information from the data study.
C. Rejuvenation Project Follow Up
Vice Chair Roth discussed information from the written summary which had been sent to the Board, and he stated that the project would cost $460,000 in 2022, but the cost would increase if the project is completed in 2023. There was discussion on the value of the rejuvenation, and Engineer Krebs stated that milling would still need to be done to repair any issues with the subgrade and lime rock. The Board requested that Vice Chair Roth set up a Zoom meeting with the company for the January meeting, so the Board can ask questions and get more information.
D. Deed Transfer of Lift/Pump Station Properties Follow Up
This had been discussed earlier in the meeting.
E. Pedestrian Walking Path Along Corkscrew Road
This had been discussed at the last meeting, and they had determined that this is the responsibility of the HOA.
F. Acquisition of Generator
With the failure of the County lift station during Hurricane Ian, which resulted in sewer back ups within the community, staff is looking at options for acquiring an emergency generator. Staff will continue working on it.
G. Well Pump Maintenance Discussion
This had been discussed previously during the irrigation report, including the maintenance performed by irrigation specialists.
H. Acquisition of Lights for the Community
District Manager Teague stated that the CDD currently pays FPL rental each month for the light fixtures and the maintenance of the light poles. If the Board decides to take over ownership, they would need to maintain them, although they would no longer pay a rental fee. The Board decided that the rental and maintenance of the street lights and poles should stay with FPL, because it is not cost effective. If the CDD owns and maintains them, it is probably a “wash” and not worth the initial investment, at best.
EIGHTH ORDER OF BUSINESS Financial Reports
A. Financials for October 2022
District Manager Teague reviewed the Financials, and he stated that there is enough to operate until the assessments start coming in.
On MOTION by Supervisor Gibson, seconded by Vice Chair Roth, with all in favor, the Board accepted the October 2022 Financials, as submitted.
NINTH ORDER OF BUSINESS Supervisor Requests
Chair Napolitano was concerned that they have paid Estate for Hurricane Ian cleanup costs, and the CDD did not pay them for Hurricane Irma cleanup. He wanted to have a specific breakdown of what was done for the $28,000 that was paid. District Manager Teague stated that they had decided to have Estate do it, because they could complete the cleanup before the CDD could get to it.
TENTH ORDER OF BUSINESS Audience Comments
Rob Warner commented that he had sent in a work order, because his grass was not getting water and was dying. He later found out that the pump station had been shut off, but he was not notified by the Master. Chair Napolitano stated that the water had been shut off for all residents for that weekend because of the hurricane, and he believes that an e-blast should have been sent out.
Diane Meeks commented that the leaves from trees on Bella Terra Boulevard are hanging, and she wondered if the CDD or the HOA is responsible for trimming them. The Board stated that the HOA is responsible.
Susan Prock commented that she has noticed a lot of cars speeding on Corkscrew Road. The Board suggested that she contact the sheriff’s office.