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Approval of Meeting Minutes

Community Development District

The regular meeting of the Board of Supervisors of the Habitat Community Development District was held via web conference on Tuesday, April 21, 2020 at 4 p.m.

Attending via web or telephone authorized by Executive Order 20-69 waiving the quorum requirement were:

Mark Novitski – Chair
Larry Roth – Vice Chair
Linda Lea Gibson – Assistant Secretary
Jenny Licht – Assistant Secretary
Joe Napolitano – Assistant Secretary

Also present by web or phone were:
Cal Teague – District Manager
Greg Urbancic – District Attorney
Charlie Krebs – District Engineer
Chris Pepin – Field Manager
Christopher Dudak – Assistant to the District Manager
Jim Meeks – Bella Terra Community Association (BTCA) President
Fred Beaver – Resident
Pam Gianinni – Resident
Susan Volker – Resident
Lois Ferg – Resident
Rob Warner – Resident
Norman Reno – Resident

The following is a summary of the actions taken at the Habitat Community Development District Board of Supervisors Meeting.

FIRST ORDER OF BUSINESSCall to Order and Roll Call

The meeting was called to order by the Chair and the District Manager called roll. All Board members were present. Also present were District Manager Cal Teague, District Attorney Greg Urbancic, District Engineer Charlie Krebs, Field Manager Chris Pepin, Assistant to the District Manager Chrisopher Dudak, Bella Terra Community Association (BTCA) president Jim Meeks and various residents.

SECOND ORDER OF BUSINESSApproval of the Agenda

The Agenda was approved as presented with the addition of Item 7E, real estate landscape contract renewal.

On MOTION by Vice Chair Roth, seconded by Supervisor Gibson, with all in favor, the Agenda was approved as presented with the addition of Item 7E, the real estate contract renewal.

THIRD ORDER OF BUSINESS Audience Comments on Agenda Items

Jim Meek, the BTCA president, commented on behalf of the Master Board that plans for the emergency exit needs their approval. He stated there are concerns that the Master Board has about this project. Pam Giannini commented favorably for the clock tower holiday decorations, and Susan Booker requested the Board survey the community regarding residents placing the holiday decorations.


A. Resolution 2020-03 Emergency Procedures

A resolution was presented and adopted that summarized the actions by the Governor that authorized the Board to conduct meetings remotely due to the COVID-19 emergency. The attorney added that this resolution will only remain in force as long as the executive orders are in place that allow the Board to conduct the meetings in this manner.

On MOTION by Supervisor Napolitano, seconded by Supervisor Gibson, with all in favor, to adopt Resolution 2020-03 Emergency Procedures authorizing the Board to conduct meetings remotely during the COVID-19 emergency.

FIFTH ORDER OF BUSINESSApproval of Meeting Minutes

A. Regular Meeting Minutes from February 18, 2020

The Minutes were approved as presented.

On MOTION by Supervisor Gibson, seconded by Supervisor Licht, with all in favor, the regular meeting Minutes from February 18, 2020 were approved as presented.


A. Irrigation Contractor

i. 19971 Barletta Lane Irrigation Repairs Update

The Field Manager explained that Irrigation Specialists came across multiple new 2″ mainlines running between the condo buildings and the roadway. They will log all of the locations and add them to the GIS map. This was discussed while investigating a drainage problem which was repaired. It will be a CDD expense.

B. Lake Management

The Field Manager reports that the lakes look good.

C. District Manager

i. Senate Bill 1466 Proposed Changes

The District Manager explained the bill that has been passed by both Houses and is awaiting the Governor’s signature. This allows the District to put only the Agenda and Minutes on the website, and that it is not necessary to post the entire packet. The packets can be sent out using the method previously used, with the Board receiving an electronic packet with pictures, financials and all supporting materials. The items on the website (agenda, minutes) will be ADA compliant. This change goes into effect July 1st, according to the District Attorney.

ii. Website Management Agreement

The agreement explains that the website tools and functionality including the code belongs to PDM and all the contents and domain name belongs to the CDD, with the information going to the new website management company should there be a parting of the ways. The cost is $100 a month to maintain the site. It was adopted by the Board.

On MOTION by Supervisor Gibson, seconded by Vice Chair Roth, with all in favor, the Website Management Agreement was adopted as presented.

iii. FEMA Update

Ninety percent of the FEMA funds have been obligated but not yet received, which totals about $43,000. Management fees, are a separate fee that FEMA is paying, which does not come out of the reimbursement to the CDD.

iv. FY 2021 Draft Budget

The District Manager reviewed the draft budget numbers. The Board was satisfied with the budget as presented and there is to be no increase in assessments. At the next meeting, the budget will be approved tentatively. At the public meeting in August, it becomes final upon adoption.

v. Arbitrage Report

The District Manager summarized that there was $47,000 in negative arbitrage, which is a positive for the CDD. This ensures the CDD is not profiting from the bond proceeds.

On MOTION by Supervisor Gibson, seconded by Supervisor Napolitano, with all in favor, the Board voted to accept the Arbitrage Report as presented.

vi. GIS Update

Phase Three is 50% completed and is expected to be finished by early May.

vii. Resolution 2020-01 Management Services Amendment

This resolution amends the management services contract to add estoppel and grants administration fees. The District Manager explained that estoppel charges are levied to the person requesting a bond payoff amount at $150 per occurrence, with no charge to the CDD. The grant administration clause allows PDM to be reimbursed by FEMA, and to be reimbursed in general for administrative costs in pursuit of grants, per prior Board approval.

On MOTION by Supervisor Gibson, seconded by Vice Chair Roth, with all in favor, the Board voted to accept Resolution 2020-01 Management Services Amendment.

viii. Resolution 2020-02 County Election

This Resolution is to have the Lee County Supervisor of Elections conduct the CDD elections, which occurs every two years. As soon as the County has a definitive schedule, it will be posted on the CDD’s website. It was approved as presented.

On MOTION by Supervisor Napolitano, seconded by Supervisor Licht, with all in favor, the Board voted to accept Resolution 2020-02 County Election as presented.

D. Field Manager

i. Field Report for April

The report was reviewed with the following requests or approvals:

  • There are encroaching willow trees that need to be cut back before the rainy season begins.
  • There was a request to replace a u-channel signpost on an HOA stop sign with the standard decorative signpost.
  • The irrigation pump stations needs an ID sign.
  • “No fishing” signs will be removed if they are on CDD property.
  • The HOA needs to address storage concerns behind the lift station.

ii. Concern/Complaint Log

There being none, the next Order of Business followed.

iii. Project Updates

a. FPL Light Pole Numbering

Florida Power & Light is not allowing anyone to pick up numbering materials at this time. When restrictions are lifted, the materials will be picked up for completing this project.

b. CDD Assets Painting

The Field Manager said he will begin the painting during the summers months once he catches up on all vegetation work orders.

c. ADA Sidewalk Ramps

The new ADA mats have been delivered and are scheduled to be installed during the last week of April. Twelve mats will be replaced with Colonial Red mats.

d. Signpost Shrub Planting

This landscape project, with Moore’s Landscaping, will begin just before rainy season to ensure the plants receive enough water to take root.

e. Do Not Pass Sign/Signposts Removal

The Field Manager will remove the six signs by the end of the month. Sod will be installed at these locations during the rainy season.

f. 13817 Farnese Drive Catch Basin Repair

This will be completed by the end of the month.

i. Working with HOA to Get Transfer or Easement for Emergency Ingress/Egress

The exact location needed for an easement needs to be identified. The District Attorney, Field Manager, District Engineer and Chairman will identify the recommended layout and steps to proceed for the May meeting.

F. Engineer

i. Swale Behind 21027 Torre del Lago Update

The swale’s effectiveness will be better evaluated during the rainy season.

ii. South Florida Water Management District (SFWMD) Water Structure Permit Application Certifications

The SFWMD issued a Request for Information that needs to be responded to concerning a few basins needing to be upgraded to meet certification requirements.

iii. Road and Gate Access to Barletta Land Entry for Condos (HOA)

a. New Proposal

Conidaris presented a new proposal which was substantially less than the first two. The improvements were reviewed and, after discussion, a vote was taken.

On MOTION by Supervisor Napolitano seconded by Supervisor Licht, with a vote of two in favor and three (Vice Chair Roth, Supervisor Gibson and Supervisor Licht) against, the Board voted against the Conidaris proposal.

iv. Considerations Related to Widening Corkscrew Road

a. Storm Sewers Scoping/Cleaning

This will be addressed at the meeting next month.

b. Emergency Access Update

The District Engineer will review the emergency access and report back next meeting.

c. Potential for Three Exit Lanes

There was discussion about taking the curved arch out of the guardhouse roof and raising it to a flat 14 feet so a third lane would not be needed. The District Engineer will research and obtain the plans for the structure to see if this option is possible.

d. Traffic Light Arrows

This will be discussed at the next meeting.


A. CDD Mission Statement

The Board approved a revised CDD Mission Statement and will include it in the Bella Terra Magazine with pictures of the CDD Board and will also be included on the website.

“It is the District’s mission to maintain and make improvements to its property, in order to provide safe infrastructure within the Bella Terra community.
Such Maintenance and improvements are inclusive of:
• The safety of our streets with proper lighting, properly maintained roads and sidewalks.
• Maintaining the quality of the water in our lakes and promoting the health of our lake banks.
• Maintaining preserve areas for the betterment of wildlife indigenous to Southwest Florida.
• Fostering an environmentally conscious attitude in the performance of CDD business, to sustain
the natural environment and protect quality of life.”

On MOTION by Secretary Gibson, seconded by Vice Chair Roth, with all in favor, the Board approved the CDD Mission Statement.

B. CDD/HOA Masterplan Coordination and Communication Efforts

The Board is satisfied with current communications.

C. Sidewalk Stencil for Pet Waste Signs

The Board would like to see what the signs will look like, so the Field Manager will prepare a graphic to discuss next month.

D. Holiday Decorations

A memo from Vice Chair Roth was reviewed concerning the placement of holiday decorations around the clock tower. After discussion, there was no motion made regarding this issue. The Attorney advised that the Board ensure the contractor installing the decorations has the CDD covered on the installer’s insurance policy. The Chair requested that a note from the CDD be sent to the master HOA saying to make sure that the contractor who installs decorations and removes them has sufficient liability and names the CDD as insured.

E. Estate Landscape Contract Renewal

The District Attorney had some legal concerns over the indemnity clause. It will be reviewed and will be resubmitted next month.


Both sets were accepted as presented and the Board would like a summary of the projects charged to the Capital Improvement’s line item sent to them.

A. Financials for February 2020

The Financial Report for February 2020 was accepted as presented. There was a question from Supervisor Gibson regarding billings from Water Works. She asked if the Field Manager followed through with the inquiry of multiple billings from them and inquired about their billing procedure.

On MOTION by Supervisor Naplolitano, seconded by Vice Chair Roth, with all in favor, the Board approved the Financial Report for February 2020.

B. Financials for March 2020

The Financial Report for March 2020 was accepted as presented.

On MOTION by Vice Chair Roth, seconded by Supervisor Gibson, with all in favor, the Board approved the Financial Report for March 2020.


A. Estero Council of Community Leaders: NEW Greater Estero Community Report

The report can be seen at:

TENTH ORDER OF BUSINESS Supervisors Requests and/or Comments

Supervisor Gibson would like the virtual meeting to include the Pledge of Allegiance.

Supervisor Licht asked about the area inspection assignments and for an explanation of what is expected to close out issues of the South Florida Water Management District.
Supervisor Roth asked for a water usage update.


There being none, the next Order of Business followed.


There being no further Orders of Business and,

On MOTION by Chair Novitski, seconded by Supervisor Napolitano, with all in favor, the meeting was adjourned at 6:15 p.m.

Next Meeting: May 19, 2020 at 4 p.m.

Secretary/Assistant Secretary
Chair/Vice Chair