Meeting Minutes for November 21, 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, November 21, 2023 at 4 p.m.
Present and constituting a quorum were:
Norman Reno – Vice Chair
Jenny Licht – Assistant Secretary
Linda Lea Gibson – Assistant Secretary
James Meek – Assistant Secretary
Cal Teague – District Manager, Premier District Management, (PDM)
Charlie Krebs – Engineer, Hole Montes, Inc.
Melissa Gindling – Assistant District Manager, PDM
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 four Board members were present. Also in attendance were Cal Teague, the District Manager, Charlie Krebs, the Engineer, Melissa Gindling from PDM, and Several Residents. Participating remotely was Greg Urbancic, the Attorney.
SECOND ORDER OF BUSINESS Pledge of Allegiance
Vice Chair Reno stated that former Supervisor Joe Napolitano was unable to attend today’s meeting, so he will take the plaque honoring Mr. Napolitano’s service to his home.
Vice Chair Reno also stated that the Board and the Audience should be aware of time limits when discussing Agenda items. He stated that they are exchanging information, and debate on the items is not permissible, because it is a business meeting for the Board, and any Board discussions should be limited to actual Agenda discussions.
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 6Bii: Ownership Issues
Add 7F: Issues from Chair
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
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 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 Regular Meeting Minutes for October 17, 2023
ii. Financial Report for October 2023
iii. Project Tracking Logs
SIXTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
i. Irrigation Line Treatments Follow-up
District Manager Teague stated that staff is still waiting for No Limit to send a proposal for installing the flush valves, and they reported that they sent it to Field Manager Pepin today. Once the proposal is received, it will be forwarded to the Board. If it is under the previously approved amount, No Limit can proceed with the project.
B. District Manager
i. FEMA Reimbursement Update
District Manager Teague reported that there have been no updates to the FEMA log, and staff is still waiting for the eligibility determination.
ii. Resolution 2024-01: Fiscal Year 2023 Budget Amendment
District Manager Teague stated that an amendment is needed for adjusting the Fiscal Year 2023 Budget at the end of the year. He reviewed some of the items that will be adjusted, including an increase in revenue and legal expenses, and a decrease in the engineering budget.
On MOTION by Supervisor Gibson, seconded by Supervisor Licht, with all in favor, the Board approved Resolution 2024-01 amending the Fiscal Year 2023 Budget.
iii. Ownership Issues
District Manager Teague stated that Field Manager Pepin had noted that there are several areas of property which are owned by the HOA that he recommended transferring to the CDD. District Manager Teague stated that the CDD has the benefit of sovereign immunity, and some of these areas are lakes and surrounding lakes, and it will be more consistent if the CDD owned these properties. The original intent was to transfer them to the CDD, but it was never completed. After discussion, the Board agreed to pursue this and decided to ask the HOA if they would be open to a quit claim deed for the transfer of some or all of these properties. Supervisor Meek agreed to present this to the HOA.
On MOTION by Supervisor Meek, seconded by Supervisor Licht, with all in favor, the Board approved the transfer of some HOA properties to the CDD.
C. Field Manager
i. Current Field Report
District Manager Teague reviewed the report and the following issues were discussed:
It was noted that the pavers near the emergency gate had been stacked, but are still unsightly. The Board also expressed concern that there may not be enough pavers, because of the time that has passed, but Engineer Krebs stated that the contractor has acknowledged responsibility for purchasing more pavers, if needed.
Engineer Krebs reported that the culverts will be installed next week, and the pipe sections after that. The turf blocks are then scheduled to be installed the week of December 11th. He also reported that there will be a 10’ sodded area left for the future installation of the footpath. There was discussion on the timing, specifics and funding of the project.
Supervisor Licht noted that more plants may be needed around the gate, and Engineer Krebs stated that he would compile a list of suggestions for native plants with thorns.
District Manager Teague stated that he had spoken with the resident who recently installed a pool and informed them that the construction has caused a blockage of the drainage behind their home. The resident appears to be willing to correct the issue and has spoken with his pool contractor.
District Manager Teague stated that Field Manager Pepin had installed trail cameras to capture the animals that are walking through the area, which Supervisor Licht had mentioned in the previous meeting.
ii. Project Updates
a. Lake Bank Repair
District Manager Teague stated that the contractor returned last week and has been working on the warranty repairs. Field Manager Pepin will be inspecting all of the work next week, and payment will not be issued until the work is completed to his satisfaction.
b. Alligator Signage
Field Manager Pepin noted that the sign had not been installed when he conducted his field inspection. He had spoken to Likins Signtek, and they were planning to complete this as soon as possible.
c. Sidewalk Repairs
Vice Chair Reno stated that he is not happy with the workmanship on this project. He noted that there are two different finishes on the two sections that he saw, and he also noted that there seems to be a trip hazard on a portion of the side of the panel. The Board asked staff to withhold payment until these areas are properly fixed, and asked Field Manager Pepin and Engineer Krebs to inspect the area.
On MOTION by Vice Chair Reno, seconded by Supervisor Meek, with all in favor, the Board approved no issuance of payment to the contractor who is completing the sidewalk repairs, until it has been inspected and approved by the Field Manager and the Engineer.
d. Guardhouse Repairs
Field Manager Pepin reported that the project is complete, including the stucco work around the door, which now needs to be painted, and they will find a contractor to complete the project. Supervisor Licht stated that the sidewalk repair is unsightly, because it is a different color than the other pavement. Engineer Krebs stated that he will inspect it and take pictures. Supervisor Licht suggested the installation of a speed hump next time.
e. Drain Blockage Update
District Manager Teague reported that MRI had informed him that the developer had left concrete in this area, which has now been removed, and they cleaned out the blocked drainage line with the Vactor truck.
i. Trip and Fall Lawsuit Update
Attorney Urbancic reported that mediation is scheduled for June 17, 2024, and the trial has been set for September 3, 2024. He stated that there may be a proposed settlement after mediation.
ii. Special Powers Request Update
Attorney Urbancic stated that the request was approved by the Village Council, and a copy of the ordinance is in the Agenda packet and on the Habitat CDD website.
iii. Gatehouse Post Orders
Attorney Urbancic stated that he has not seen an updated copy of the post orders from the HOA, but he reported that the community cannot restrict access to public roads. Vice Chair Reno asked if those who would like to enter the community can be limited to access unless they give notice, and Attorney Urbancic stated that anyone who requests access must be allowed to enter, because the roads are funded by tax exempt bonds, and it is public property. District Manager Teague stated that the post orders can state that a picture can be taken of their driver’s license and license plate for the safety of the community, but this should be required of everyone, with the understanding that the Clubhouse is private property. District Manager Teague asked Attorney Urbancic to provide appropriate language to this effect for inclusion in the HOA’s post orders.
Greg also stated that he has been researching the ethics training requirements for Supervisors, and he will give a report at a later date.
i. Change Order for Right of Way Permit
Engineer Krebs stated that the Right-of-Way permit has been issued, and work will begin soon, which was discussed earlier in the meeting.
SEVENTH ORDER OF BUSINESS Discussion/Action Items
A. Maintenance Proposal for Emergency Gate
The Board agreed that semi-annual maintenance for the emergency gate equipment is sufficient, and they approved the proposal.
On MOTION by Supervisor Meek, seconded by Supervisor Licht, with all in favor, the Board approved semi-annual maintenance of the emergency gate equipment, not to exceed $427.93 per year.
B. Cul-de-sac Vegetation Log
District Manager Teague stated that Field Manager Pepin and Supervisor Licht had logged all of the cul-de-sac vegetation, and Supervisor Licht stated that most was in good condition, but some need attention. She stated that the plants on east and west Lazzaro Court labeled as viburnum should be changed to firebush. The Board asked Supervisor Licht and Field Manager Pepin to develop proposals for the cul-de-sacs needing attention.
C. Guardhouse Report
Supervisors Reno and Licht had reviewed the completed projects at the guardhouse, and their findings are in the Agenda packet. It was decided that the next two projects will be installing shades for the windows and repairing the desk.
D. Guardhouse AC Replacement Discussion
The HOA had the air conditioner in the guardhouse serviced, and the contractor reported that the air conditioner unit should be replaced. The proposal was submitted to the HOA and was included in the packet. There was discussion on the replacement of the air conditioner and whose responsibility it is. Attorney Urbancic noted that the current maintenance agreement states that the HOA is responsible for routine nonstructural maintenance of the interior of the guardhouse, and the CDD is responsible for the structural, maintenance, repair, and replacement of the guardhouse. He noted that the responsibility for the air conditioning unit and other items throughout the guardhouse should be specifically determined in a new maintenance agreement. Since the air conditioner is still working, the Board decided to get a second opinion and an estimate from Sunset Air.
On MOTION by Supervisor Meek, seconded by Supervisor Licht, with all in favor, the Board approved acquiring a second opinion for the replacement of the air conditioner and an estimate from Sunset Air.
E. Concern Regarding Contractors Parking in Auxiliary Lot
Chair Roth had communicated to District Manager Teague his concern about a few items. He stated that the HOA had mentioned that they had issues with the CDD’s contractors parking in the auxiliary lot. After discussion, the Board decided to ask the HOA what the exact issues are, and they should improve their communication with the HOA when contractors may need to use the lot.
F. Issues from Chair
Another issue that Chair Roth had mentioned is the Christmas decorations that are installed in the median entry, flagpole and clock tower area without CDD approval. The Board stated that they have no concern about the placement of the decorations.
Chair Roth stated that the HOA is requesting an anemometer for the area around the clock tower which measures wind speed and pressure and is used to determine whether the area is underwatered or overwatered. They have asked the CDD to pay for it. It was stated that the HOA is currently getting bids, so this issue will be tabled for now.
Chair Roth also asked Field Manager Pepin to turn off the water for the bowl and fountains around 10 p.m. each night, and the Board had no issue with this.
EIGHTH ORDER OF BUSINESS H.O.A. Report
There was no report from the HOA.
NINTH ORDER OF BUSINESS Supervisor Requests
Supervisor Gibson wondered if all of the streets in the community had been cleaned by the street cleaner, because she had received a complaint that a street was not clean. Staff will ask Field Manager Pepin to follow up. She also noted that a resident reported that there is extensive spike rush overgrowth on the lake near 13638 Lucera Court, and Field Manager Pepin will investigate.
Supervisor Meek commented that communication with the HOA should be improved.
Supervisor Licht reported that the Master landscape committee had 4 proposals for updating the clocktower landscaping.
TENTH ORDER OF BUSINESS Audience Comments
Bob Vaa asked if the negotiations between the HOA and CDD are completed, and it was stated that there is a workshop in January to address the issues. He also commented that he believes that the HVAC and the desk in the guardhouse should be the responsibility of the HOA.
Rob Warner commented that the pressure washer did a good job cleaning the curbs and sidewalks, but the dirty water was not flushed and remained and re-dried on the curbs, and it is unsightly. Staff will ask Field Manager Pepin to investigate.
ELEVENTH ORDER OF BUSINESS Adjournment
Vice Chair Reno adjourned the meeting at 5:28 p.m.
The Next Regular Meeting is December 19, 2023 at 4:00 p.m.