Meeting Minutes for November 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, November 19, 2024 at 4 p.m.
Present and constituting a quorum were:
Larry Roth – Chair
Norman Reno – Vice Chair
Linda Lea Gibson – Assistant Secretary
James Meek – Assistant Secretary
Also present:
Mandie Rainwater – Assistant District Manager, Premier District Management (PDM)
Chris Pepin – Field Manager, Community Field Services
David Schmitt – Engineer, Hole Montes
Brian Fennell – iEmulsions
Bob Vaa – Resident
Residents
Attending remotely:
Greg Urbancic – Attorney, Coleman, Yovanovich & Koester, P.A.
Cal Teague – 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
Chair Roth called the meeting to order at 4:00 p.m., and the roll was called. Four Board members were present. Also in attendance were Assistant District Manager Mandie Rainwater, Chris Pepin, the Field Manager, David Schmitt, the Engineer, Brian Fennell from iEmulsions, and Three Residents, including Bob Vaa. Attending remotely were Cal Teague, the District Manager, and Greg Urbancic, the Attorney.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Oaths of Office for Linda Lea Gibson and James Meek
The Oaths of Office were administered to Supervisor Gibson and Supervisor Meek before the meeting.
FOURTH ORDER OF BUSINESS Resolution 2025-02: Board Reorganization
The Board discussed reorganization and decided to maintain the current structure and add Mandie Rainwater as an Assistant Secretary in the event Cal Teague is absent from a meeting.
On MOTION by Supervisor Gibson, seconded by Supervisor Meek, with all in favor, the Board approved Resolution 2025-02 Board Reorganization, retaining Larry Roth as Chair, Norman Reno as Vice Chair, the remaining Board members as Assistant Secretaries, with all officers remaining the same. The Board also approved Mandie Rainwater as Assistant Secretary.
FIFTH ORDER OF BUSINESS Approval of the Agenda
Add 9K: Request from Cardeto Ct Residents To Place Holiday Decorations in Cul-de-sac
Chair Roth also requested that the Board allow Brian Fennell to speak earlier than listed on the Agenda due to his three hour drive. Additionally, he asked to move the Field Report to the Consent Agenda for this meeting.
On MOTION by Supervisor Gibson, seconded by Supervisor Meek, with all in favor, the Agenda was approved, as amended.
SIXTH ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on Agenda items.
SEVENTH 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 Gibson, seconded by Supervisor Meek, with all in favor, the Board approved all Consent Items, as presented.
C. Consideration of Items Pulled for Discussion
D. Consent Items
i. Draft Meeting Minutes for October 15, 2024
ii. Financial Report for October 2024
District Manager Teague reported that the District had a very good 2024 Fiscal Year. He stated that the interest income generated should allow the District to be approximately $500,000 under Budget overall.
iii. Project Tracking Logs
iv. Current Field Report
EIGHTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
At the last meeting Field Manager Pepin stated that Ed Napier will be drafting a list of suggestions to repair the pump station. He stated that it was discovered that two irrigation meters are in need of replacement. Also, there are three mainline breaks that the vendor was currently addressing, and the repair will be completed by the end of the week.
B. District Manager
i. FEMA Reimbursement Update
District Manager Teague reported that there is no update, and he expects that they will be denied.
ii. Letter to 21345 Bella Terra Blvd
It was reported that palm fronds were in the preserve behind this home. A letter was sent and the homeowner was informed. It was determined that the palm fronds were at 21353 Bella Terra Blvd instead, and staff was informed the fronds had been removed. A letter was sent to the resident stating that this is not allowed. This issue is closed.
C. Field Manager
i. Field Report
Moved to Consent Agenda
ii. Project Updates
Field Manager Pepin reported that the sidewalk and gutter pressure washing is almost complete. The company is using chlorine on moldy areas, and they are using a new machine.
He stated that the door handle for the sliding glass door is on order and should arrive in the near future. The HOA has forwarded the invoice to the security company for reimbursement.
D. Attorney
i. Levine Litigation Update
Staff reported that this will be finalized in the near future, and they are waiting for documents.
ii. Mary Ann Lauria Update
Assistant District Manager Rainwater reported that the insurance company’s attorney has spoken with the claimant’s attorney, and they have been discussing the medical payment limits. The claimant is finished with treatment and will be sending over a demand and medical bills to review. The claimant provided a photo of the manhole in question, and it was confirmed it is a CDD-owned manhole on the sidewalk.
iii. Kenneth Jay Riha Update
The notice of claim was received, and there are no additional updates.
iv. Drainage Concern at 21019 Torre Del Lago
Assistant District Manager Rainwater reported that the resident replied to Attorney Urbancic’s letter still stating that they were not responsible for the silt. The CDD could remediate the property and drop the issue, or remediate the property and attempt to recover the costs, without the possibility of recovering legal fees. Field Manager Pepin received a $500 quote to correct this issue while Pristine Lakes’ crew is working on another project in the area. Staff will send a letter to the homeowner when this project is complete requesting reimbursement.
On MOTION by Supervisor Gibson, seconded by Supervisor Meek, with all in favor, the Board approved Pristine Lakes to remediate the issue at 21019 Torre Del Lago and remove silt, not to exceed $500.
v. Debris located at 21001 Bella Terra Blvd
Tile has been deposited in the preserve behind this home. Letters have been sent by staff and the Village, and the resident replied that the CDD or the Village cannot prove that they are responsible. Chair Roth asked Field Manager Pepin how much this cleanup might cost, and he estimated a few hundred dollars. He will obtain a proposal.
On MOTION by Supervisor Meek, seconded by Supervisor Gibson, with all in favor, the Board approved the cleanup of debris in the preserve behind 21001 Bella Terra Boulevard, sending a letter to the resident requesting reimbursement.
Attorney Urbancic reminded the Board that their ethics training is due by the end of the year and that the links to this training have been shared. He asked the Board to please reach out to staff if you need them again.
E. Engineer
i. Emergency Exit Update
Engineer Schmitt stated that Lee County approved the gate, but the Village of Estero denied the gate, stating that there are missing Oak trees and a missing sign. Engineer Schmitt suggested resubmitting the plans indicating that the Holly trees are being installed and the signage is being restored. The other option is to plant the Oak trees per the plan and resubmit a change. The costs of resubmitting paperwork will need to be fully determined, but it is believed to be more than installing the Oaks. Engineer Schmitt will consult with his landscape architect to determine the best course of action.
NINTH ORDER OF BUSINESS Discussion/Action Items
A.HOA/CDD Maintenance Contract Negotiations Update
i. Executed Extension With HOA
Per Board approval, the CDD extended the contract with the HOA at zero dollars through the end of December 2024.
ii. Current Draft of Contract
Minor revisions were submitted by the HOA, and Attorney Urbancic provided his opinion to the HOA attorney. Staff has received no reply from the HOA as of yet.
Chair Roth mentioned that the Post Orders may need to be updated, since the security company has changed. Supervisor Gibson also stated that it is not easy to add a guest to your list without a computer. While the CDD does not control the security company, staff will inform the HOA about these issues.
iii. Security Staff Notification of Guardhouse Damage
Just as the last meeting was beginning, Field Manager Pepin was notified by HOA staff that the door handle on the guardhouse was broken. It was noted that the door was installed just one year ago. He reached out to the door installation company, and they inspected the door and claimed that there was abuse of the handle and they included photos. The HOA indicated that the first notification they received was October 15th. The HOA has agreed to send an invoice to the security company if that is the decision of the Board, or staff can continue to appeal the warranty claim decision.
Chris obtained quotes for two door handles. There are quotes for one handle and the handle installation, both handles and installation, and one for just the handle.
The Board discussed the procedure for the security company to notify the HOA if there is damage to the guardhouse. Staff will research how best to include this in the Post Orders revision.
The Board agreed to share the cost with the HOA for one door handle and installation and ask Allied Security for reimbursement.
On MOTION by Chair Roth, seconded by Supervisor Meek, with all in favor, the Board approved sharing the cost with the HOA for the installation of one door handle in the guardhouse.
B. Lakes to be Transferred from HOA to CDD Follow-up
Staff has begun to determine the legal description and location of the easement for the driveways. The determination for the lakes has been tabled while the negotiations for the facilities and maintenance agreement continue.
C. Asphalt Rejuvenator Follow-up
i. Alternative Projections
Included in the packet are projections for various scenarios, with a number of calculations to consider, each dependent on the current and expected condition of the roads. Engineer Schmitt presented 5 options, which are detailed in the Agenda packet, using deferred repairs, combinations of rejuvenation and mill and pave, each accompanied by a loan projection at 7% for 15 years or 9% for the same time to anticipate the annual costs of such loans.
Vice Chair Reno presented 3 scenarios for roadway repair, including calculation projections, and the allocation of funds was discussed. He advocated for delaying the project until the entire community can be milled and repaved.
Chair Roth stated that, from his communication with Engineer Schmitt and Brian Fennell, Larino Loop would have full milling and repaving, and the rest of the community would receive patching and rejuvenating. This would give the roads another ten years of life.
ii. Updated Quote from The Pavement Group/iEmulsions-In Person to Answer Questions
Included in this packet are two proposals from The Pavement Group/iEmulsions. The first quote is for rejuvenation and patchwork at the cost of $413,812.28. During the ride around a few months ago they were asked about milling and repaving Larino Loop, and they drafted a second proposal. It includes milling and paving at the cost of $533,502.26, which includes $1,300 for permitting. After negotiations and discussions with Chair Roth, iEmulsions and their partners agreed to reduce the cost to $512,000. Permits will be pulled by the subcontractors and have been included in the $512,000 project total. In a separate contract the cost for the replacement of the raised pavement markers (RPMs) will be the responsibility of the CDD.
If permits can be obtained in time, the project has a start date of December 4, 2024. Smaller repairs will begin in December, and larger repairs will be completed in January. Product can be laid down comfortably at 45 degrees or higher, which should be the case in January, and the product should be drivable in 3 hours or less. Brian stated that they can wait to start the project until after the first of the year, if requested. Brian stated that there is a 5-year warranty on rejuvenating product, and they are using a new, state of the art machine to lay the product down.
The residents and service providers, such as buses and mail carriers, should be notified and the community will be asked to run no sprinklers during the project. He believes the total project will be completed in approximately 21 days. The project schedule will be developed as soon as possible.
Brian answered questions and presented the procedures used in each phase. He also discussed the timing necessary for each phase, and preliminary components of the schedule.
After Brian Fennell had left, the Board, Engineer Schmitt, and Attorney Urbancic discussed the project, including the iEmulsions proposal, and the particulars of financing the rejuvenation.
On MOTION by Supervisor Meek, seconded by Supervisor Gibson, with 3 in favor, and Vice Chair Reno opposed, the Board approved The Pavement Group/iEmulsions proposal for rejuvenation, and milling and repaving Larino Loop, including permits, not to exceed $512,000.
D. Water Softener Proposals for Clock Tower Pools
The water softener proposals have been on hold while the leak and other issues with the fountain are addressed. Engineer Schmitt, Field Manager Pepin, and Vice Chair Reno met at the Tower and discovered the autofill was on all the time, which should have been corrected by today’s meeting. The water is very hard and cloudy, and is draining at approximately 1 inch per day. The pool company still needs to complete testing, such as tests for leaks, and pressure checks on lines, to determine if the water is coming from the fountain or from the plumbing. The rate of evaporation, lack of treatment chemicals, and a broken auto fill valve may be the reason that the water hardness is twice what it should be. Since the pool levels have dropped and less hard water is added to the pool, the hardness will need to be tested again.
Vice Chair Reno has received proposals for water softening from 3 different companies. There was discussion on possible solutions and tile work in addition to the repair. It was decided to resolve issues with the fountain and develop a plan before considering water softening. This is tabled while the fountain is being repaired.
E. Clock Tower Tile Replacement Proposal
VIP Pools provided Field Manager Pepin with an estimate to clean the clock tower, replace the tile, and give it an overall refresh for $113,730. The second option is addressing the tile only at $11,755.
Gomez Painting presented a quote for $6,600 for pressure washing, stucco repair, sealing, and painting.
This item is tabled until the leak in the clock tower pools has been discovered and corrected.
F. MRI Proposals to Inspect Stormwater System
Field Manager Pepin provided a proposal from MRI to inspect the stormwater system, which is a total of about 400 lines, at the cost of $7,000. This includes someone driving to each point and visually inspecting them for blockages.
On MOTION by Supervisor Meek, seconded by Supervisor Gibson, with all in favor, the Board approved MRI to inspect approximately 400 lines of the stormwater system, not to exceed $7,000.
G. Ratification of Irrigation Issues Repaired on Cul-de-sacs
On October 29th Chris informed staff that Don was reporting multiple irrigation issues involving 4 cul-de-sacs. The $1,326.08 proposal was approved, so that the issues could be resolved before the November meeting. The Board needs to ratify this decision.
On MOTION by Chair Roth, seconded by Supervisor Gibson, with all in favor, the Board ratified repair of irrigation issues at cul-de-sacs, not to exceed $1,326.08.
H. Ratification of Lake 1 & 26 Repairs
Premier Lakes discovered issues on Lakes 1 and 26 including the repair of a cabinet lid and replacing a vane compressor, that could easily be repaired. The $1,025 proposal was approved, so that the issues could be resolved before the November meeting.
On MOTION by Supervisor Meek, seconded by Supervisor Gibson, with all in favor, the Board ratified the repair of a cabinet lid and replacing a vane compressor on Lakes 1 and 26, not to exceed $1,025.
I. Cul-de-sac Ride Around Report
Supervisor Licht submitted a cul-de-sac ride around report. The overall impression is that the cul-de-sacs are much improved, but continued work needs to be completed. She offered proposals for 7 issues for the Board to consider. Due to time constraints and Supervisor Licht’s absence, this was tabled.
J. Lake 9 Washout Repair Proposal
Pristine Lakes submitted a proposal to remediate a washout on Lake 9 near 13502 Loreo Court. This project will cost $2,500 to regrade the lake channel connecting to the preserve and restore it to its original condition by adding dirt and sod.
On MOTION by Supervisor Meek, seconded by Chair Reno, with all in favor, the Board approved the remediation of a washout on Lake 9 near 13502 Loreo Court, not to exceed $2,500.
K. Request from Cardeto Ct. Residents to Place Holiday Decorations in Cul-de-sac
A request was received from a group of residents asking permission to place decorations in the cul-de-sac. The Board allowed this last year and the guidelines were discussed.
On MOTION by Supervisor Meek, seconded by Vice Chair Reno, with all in favor, the Board approved holiday decorations in the cul-de-sac on Cardeto Court.
TENTH ORDER OF BUSINESS H.O.A. Report
There was no report from the HOA.
ELEVENTH ORDER OF BUSINESS Supervisor Requests
Supervisor Gibson commented about the hanging decorations on the median and was concerned they may be blown out of the trees and possibly hurt someone.
Vice Chair Reno raised his concerns again about the iEmulsions project and would like to see Quality Assurance and Quality Control for meeting standards and possible stoppages.
TWELFTH ORDER OF BUSINESS Audience Comments
A resident raised a concern about informing the residents and HOAs concerning the upcoming roadway project. Staff will send information letters when the contract is signed.