Meeting Minutes for September 17, 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, September 17, 2024 at 4 p.m.
Present and constituting a quorum were:
Larry Roth – Chair
Norman Reno – Vice Chair
Jenny Licht – Assistant Secretary
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
Melissa Gindling – Assistant District Manager, PDM
Bob Vaa – Resident
Diane Meek – Resident
Residents
Attending remotely:
Greg Urbancic – Attorney, Coleman, Yovanovich & Koester, P.A.
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. Also in attendance were Mandie Rainwater, Assistant District Manager, Chris Pepin, the Field Manager, Melissa Gindling, Assistant District Manager, and Four Residents, including Bob Vaa and Diane Meek. Attending remotely was Greg Urbancic, the Attorney.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Amended to add 7H-Aerator Proposal Lakes 6 & 27
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.
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 Vice Chair Reno, 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 Workshop Meeting Minutes for August 20, 2024
ii. Financial Report for August 2024
iii. Project Tracking Logs
iv. FEMA Reimbursement Update
Staff received notification that all appeals are still under review, and there is no deadline for response.
EIGHTH ORDER OF BUSINESS Staff Reports
A. Irrigation Contractor
There was no report from the Irrigation Contractor.
B. District Manager
Assistant District Manager Rainwater stated that the District goals and objectives document has been placed on the District’s website.
C. Field Manager
i. Current Field Report
Field Manager Pepin reviewed the field report and the following was discussed:
He reported that the lakes are in good condition overall. He has seen some algae, but there are no major blooms.
He stated that the spike rush is getting wide on Lakes 24 & 25, but, since it’s so late in season, they will continue to observe it and determine if it will be required to spray it back. He also stated that there are minimal weeds present in the lakes, and Estate has mowed the shorelines.
He reported that the 2 dead trees on Lake 1 have been removed.
Field Manager Pepin stated that Aquatic Weed Control is on site performing the semi-annual preserve maintenance. He observed that some areas have been over sprayed and some vegetation is turning brown. He informed AWC and will continue to monitor.
He reported that the homeowner at 21001 Bella Terra Boulevard was dumping tile and debris in the preserve next to their home. A letter was sent to them on September 3rd, and when they responded, they did not take responsibility for it. The Board discussed seeking assistance from the HOA, the CDD cleaning it up and charging the homeowner, local agency assistance, and the legal ramifications. It was decided to ask the Village of Estero to send Code Enforcement to the site to evaluate the situation. Field Manager Pepin will contact them.
He reported that the stormwater system is in good condition.
He reported that the County patched a depression around a manhole cover at 20436 Ardore Lane.
He reported that the entrance landscaping has been trimmed. Supervisor Licht asked to have those plants removed and replaced with shorter perennials.
Chris stated that the homeowner at 21400 Velino Lane was notified by mail that they had a garden hose attached to their pool overflow that was placed in the preserve and needed to be removed. The resident has informed staff that the hose has been removed.
ii. Project Updates
a. Muhly Grass Planting
Field Manager Pepin stated that the muhly grass is scheduled to be installed by the end of September, and he will provide an update once completed
b. Buttonwood Tree Replacement Lake 7
This project will be addressed at a later time.
c. Clock Tower Pressure Washing Update
The pressure washing was completed. However Field Manager Pepin informed the Board that there are very high spots that will require a lift to reach them, and they may even need to be hand scraped.
Chris mentioned that the bowls and pumps have been down, and it seems to be a power issue. The parts are on order.
Supervisor Gibson asked if this might be a good time to address the tiles behind the bowls while the pumps are down. They are very dirty, but it was mentioned that these tiles are already two layers deep from a previous restoration of discolored tiles. After discussion, it was decided that Chris will obtain quotes for re-tiling behind the bowls.
D. Attorney
i. Levine Litigation Update
Attorney Urbancic stated that staff was notified on September 5th that the claimant had accepted a settlement of $30,000. At this time they have not been forwarded their full release paperwork.
ii. Mary Ann Lauria Update
There is no update.
iii. Kenneth Jay Riha Update
There is no update.
E. Engineer
i. Emergency Exit Update
Included in the packet is an update from Engineer Schmitt which states that Lee County Right of Way inspected the culvert and approved it, but the signs have not been installed as of yet. Once the signs are installed, the completion certificate can be issued. Staff will keep the Board updated on the progress.
ii. Drainage Concern at 21019 Torre Del Lago
Assistant District Manager Rainwater reported that all previous correspondence has been shared with the attorney, so the next steps in requesting the resident to correct the blockage can be determined. Staff will keep the Board updated on any progress.
NINTH ORDER OF BUSINESS Discussion/Action Items
A.HOA/CDD Maintenance Contract Negotiations Update
Attorney Urbancic reported that he had received an email from the HOA attorney today, which he forwarded to staff. Their attorney had redlined many items in the proposed contract and requested to schedule a conference call to discuss these items. Greg stated that some items they would like to remove are legal requirements, so this will need to be addressed. Attorney Urbancic’s office will coordinate a conference call.
There was discussion about the September 30th deadline, which is when the contract ends. It was decided to extend the contract to October 31st with no monetary obligations to the HOA. Attorney Urbancic will notify the HOA attorney.
On MOTION by Supervisor Gibson, seconded by Supervisor Meek, with all in favor, the Board authorized an extension of the maintenance contract until October 31, 2024 to continue negotiations with the HOA, with no monetary obligations to the HOA.
B. Lakes to be Transferred from HOA to CDD Follow-up
After discussion, it was determined to place this topic on hold until the negotiations are finalized, because the agreement for the transfer of lakes is part of the maintenance negotiations.
On MOTION by Supervisor Meek, seconded by Supervisor Gibson, with all in favor, the Board approved delaying the transfer of lakes from the HOA to the CDD until the maintenance agreement is finalized.
C. Roadway Repairs
This was discussed during the asphalt rejuvenation follow-up.
D. Asphalt Rejuvenator Follow‐up
Assistant District Manager Rainwater reported that Engineer Schmitt provided an opinion on the roadway conditions and rejuvenation project. He stated that the roadways are currently in fair to good condition, and the end of their useful life is 5 to 10 years. He submitted 4 options for roadway repair.
The first, and the most optimal, is milling and repaving. The second is to utilize a rejuvenator to extend the pavement life, and he recommended iEmulsions. The third option is to increase contributions to the fund, allowing interest to accumulate for milling and repaving. The fourth is to create a multi-phase pavement restoration plan.
Since Engineer Schmitt favored iEmulsions for road rejuvenation, staff asked their representatives to provide an updated estimate for the Board, which they did. iEmulsions also detailed some specifics for the application process. Vice Chair Reno asked what criteria Engineer Schmitt used to evaluate the vendors and to identify iEmulsions as the preferred vendor.
Supervisor Meek presented additional items that will need coordination, such as a staging lot. Staff was asked to coordinate the use of the auxiliary lot once agreements are finalized, and to coordinate contracts and resident notification. Some pricing aspects of the proposal from The Pavement Group were also discussed, such as the expense for sweeping and striping. Field Manager Pepin stated that he will obtain quotes for these two items to present to the paving vendor for negotiation or ask other vendors to complete the project. The Board approved iEmulsions as the rejuvenator vendor, contingent on further negotiation.
On MOTION by Chair Roth, seconded by Supervisor Gibson, with all in favor, the Board approved iEmulsions as the rejuvenator vendor, contingent on further negotiation.
E. Property Use Guidelines/Application
Assistant District Manager Rainwater reported that Nicole Bruno was notified that the Board had denied her request. She asked when the Board would provide guidelines, so she could coordinate additional community events. The proposed guidelines had been sent to Attorney Urbancic for finalization, and he provided his recommendations to staff just prior to meeting. Staff will review them and report back to the Board. Chair Roth asked if a rule can be added that striping or sidewalk chalk should not remain after the event.
F. Villas I Cul-De-Sac Lighting Ownership
Assistant District Manager Rainwater stated that staff was asked about ownership of the lights within the Villas I cul-de-sac, and they found agreements, which are included in the packet, that assigned the lights to CDD ownership after they were successfully installed. Subsequently, the landscaping termination agreement relinquished the maintenance of the cul-de-sac to the CDD. Supervisor Gibson stated that, when she attended an HOA meeting, it was stated that the HOA for the Villas has been paying the CDD for the electricity for these lights, but staff can find no record of a payment for them. They are paid for within the CDD electricity billing and not billed to the HOA individually. If residents still have questions about the payments, they will need to ask the HOA and provide it to the CDD for further investigation.
The HOA president indicated that he believes that the cul-de-sac lights are connected to meters on light poles and not on aerator meters. Field Manager Pepin stated that the lights on Serre and Lucera are connected to CDD meters, but a resident has mentioned to a Board member that the lights on Martone might be connected to a private residence. It was mentioned that only this cul-de-sac has these lights installed. A resident stated that single family homes have lights as well, but Supervisor Meek stated that they are solar and not hardwired like the Villas I lights.
Based on the documents included in the packet, the Board believes that they own the lights and have provided power to them at their own expense. After discussion, it was decided to turn off the lights.
On MOTION by Chair Roth, seconded by Supervisor Licht, with all in favor, the Board approved unplugging the lights in the Villas I cul-de-sac.
G. Oak Tree Pruning RFP Serre Dr
It is of the opinion of the landscaper that the oak tree on Serre Drive does not currently require pruning.
H. Aerator Proposal Lakes 6 & 27
Field Manager Pepin provided a proposal from Premier Lakes to replace 400’ of poly tubing and 2 aeration diffuser bases on Lake 6, and 1,800’ of tubing and 6 aeration diffuser bases on Lake 27 for a total of $9,262. The Board asked if all of this was necessary. Chris stated that the replacement of tubing around Lake 27 could be delayed. The Board asked for a revised quote to remove 1,800’ of tubing from the quote.
TENTH ORDER OF BUSINESS H.O.A. Report
There was no report from the HOA.
ELEVENTH ORDER OF BUSINESS Supervisor Requests
Supervisor Licht commented that she attended the Master Landscaping Committee meeting, and they would like the CDD to assume responsibility for the clock tower pedestal bowls. It is not known whether they will be sending formal notification of this request, or if Supervisor Licht’s notification is all the Board will receive. It is believed that the bowls have no power, and there was discussion about the various types of bowls there have been over the years. Supervisor Licht proposed gazing balls and perhaps some type of solar power or battery powered lighting. She will conduct additional research and give a report at the next meeting.
Chair Roth commented that, when he attended the Building and Tangibles meeting, they stated that they would like the bowls to be decorated and indicated that the HOA would pay for them. The CDD Board has not received written notification of this request as of yet. Chair Roth reminded the Board that they would approve the project, but the B & T committee would decide on the design of the bowls.
Chair Roth also thanked the other Board members for their diligence in moving the road rejuvenation project forward.
TWELFTH ORDER OF BUSINESS Audience Comments
A resident apologized to the Board for their comments during the meeting and stated that the Board is doing a great job.
THIRTEENTH ORDER OF BUSINESS Adjournment
Chair Roth adjourned the meeting at 5:54 p.m.