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Meeting Minutes for June 15, 2021

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, June 15, 2021 at 4 p.m.

Present (or attending via web conference) and constituting a quorum were:

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

Also present (or attending via web conference) were:

Greg Urbancic – Attorney
Charlie Krebs – Engineer
Chris Pepin – Field Manager
Tad Kring – Irrigation Specialists
Christopher Dudak – PDM Assistant to the District Manager
Nancy Dudak – PDM

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 Ms. Dudak and all Board members were present. Also present at the meeting were Field Manager Chris Pepin, Christopher Dudak and Nancy Dudak from PDM. Attorney Greg Urbancic, Engineer Charlie Krebs and Tad Kring from Irrigation Specialists attended by phone or web conference.

THIRD ORDER OF BUSINESSApproval of the Agenda

The Board reviewed the Agenda.

On MOTION by Supervisor Napolitano, seconded by Vice Chair Roth, with all in favor, the Agenda was approved as submitted.

FOURTH ORDER OF BUSINESSAudience Comments on Agenda Items

There being none, the next Order of Business followed.

FIFTH ORDER OF BUSINESSApproval of the Meeting Minutes

A. Draft Meeting Minutes for May 18, 2021

The previous Minutes were discussed with the following changes: Line 82 – strike duplicate “per” and the word “swimming.” On line 117 – strike the word “sticker.”

On MOTION by Supervisor Licht, seconded by Supervisor Gibson, with all in favor, the Meeting Minutes from May 18, 2021 were approved as amended.


A. Irrigation Contractor

i. Irrigation Lines Issues

Mr. Kring sent in a report and phoned in to discuss the details. There were 20-40 work orders about snails in per day in April, and he said there are now about two work orders per day. He said that all the pumps are running well. There was one issue today and there is a technician on site.

ii. Rainy Season Reduction During the Week/Off During Weekends

The irrigation will be reduced during the rainy season. He will turn it off on Friday afternoons with the satellite and back on Monday mornings. Mr. Kring will communicate with the office when this goes into effect so the Board and all the sub associations are notified.

iii. Pump Station 3 Motor Install Update

This was reported to be completed.

iv. Valve Replacement Update

Mr. Kring reported that upgrades will begin on the valves now that it is rainy season. No additional valves were replaced last month. He will inform the Field Manager and the office if there are more valves needed and if additional funds need to be requested. Mr. Kring is researching the use of chlorine to treat the snails for next season and will give a presentation on his findings to the Board at a later date.

The Chair stated that the Master is looking at a new Internet provider and lines will be run by the CDD pump stations. Mr. Kring will look into the possibility of “piggybacking” on the HOA Internet provider to see if it is possible and if it will save money.

Supervisor Licht said that the Estate landscaping manager said that the snail issue has not improved, and that with 60 work orders a month, he felt that chlorination would be vital. He told her that a blowout will not be effective until the snails have been killed. The Chair calculated that the calls were closer to 40 a month and said that an independent expert can look at the problem. Mr. Kring suggested that when they have a mainline break, which they have now, he can save the pipes to show them what is on the inside of them. He also described the process by which he cleans filters, and said filters alone will not solve the issue. He said that flush-outs combined with chlorine as an add-on will produce better results for next year. He said that Irrigation Specialists is taking care of it so Estate does not have to. The Chair reiterated that an independent review could be helpful.

B. Chair

i. Speed Limit and Signage Changes on Torre Del Lago and Bella Terra Blvd.

The Chair discussed the result of a hit-and-run accident at this location and how to resolve the safety issue. He said they need to order one 20 mph and one Reduce Speed Ahead sign. There are two extra posts and one 20 mph sign in storage, so for less than $1,000, they can improve safety in the area. The Vice Chair expressed that there will always be irresponsible drivers and does not think that signs will stop them.

On MOTION by Supervisor Gibson, seconded by Supervisor Napolitano, with a vote of 4-1 (Vice Chair Roth dissented), the Board approved a not to exceed amount of $1,000 for a 20 mph and a Reduce Speed Ahead sign, with plants around them, on Torre Del Lago and Bella Terra Boulevard.

C. District Manager

i. FY 2020 Audited Financial Report

Ms. Dudak reviewed the FY 2020 Audited Financial Report that was sent to the Board.

On MOTION by Vice Chair Roth, seconded by Supervisor Napolitano, with all in favor, the FY 2020 Audited Financial Report was approved by the Board.

ii. Cul-de-Sac Maintenance Contracts Amendments Update

Ms. Dudak reported that all of the agreements were sent out and signed from Townhomes I, Villas I, and Villas III were received. It is expected that the other agreement will be signed by the end of the month.

iii. Hurricane Cleanup Preauthorization

Ms. Dudak stated that the District Manager signed the authorization form on behalf of the Board to allow discounted pricing and priority service from Estate in the event of a hurricane.

D. Field Manager

i. Monthly Field Report

  • Lake 7 was treated by Solitude.
  • The compressors are all working, except that Lake 9 has a clog and Lake 24 is not producing bubbles.
  • A second letter is being sent to 20576 Ardore Lane for silt barrier issues as the silt barrier collapsed. The Chair added that he saw piles of dirt that were removed there.
  • American Shoreline Restoration is onsite working on Lake 3. They are in the process of laying out geotubes.
  • A letter was sent to 21838 Bella Terra for dumping palm fronds in the Preserve.
  • Cracked asphalt at Troia Drive North will be addressed because a hole is forming.
  • The Field Manager will coordinate with the Engineer to ensure the GIS is updated and all parties are aware of who is responsible for drainage at the catch basins where the condo’s connected their drainpipes to the CDD catch basin. The Engineer apologized and said they checked the diagrams, which were not marked, and did not realize they were CDD property.
  • The Chair mentioned that the Calusa Waterkeepers is trying to determine how clean the water coming into the community is and how clean or dirty the water going out of the community is. He said he and the District Manager want to monitor the changes in the water over time. He said they are trying to be good stewards of the land and the water as it goes through the community. He requested a budget of $1,500 for next year’s budget to see if there is any change in water testing results.
  • The Field Manager reported that at the pump station on Lake 3, he observed dirt washing out from under the concrete slab. He will follow up on that.
  • He also observed trash building up near the storage area being used by Estate. He reported it to them.
  • He asked if the Board wants to add a vegetation screen to the fence near the storage shed to hide it until the plants grow taller. The Chair said the fabric will last a couple of years.
  • The Chair asked staff to check the number of poles they were billed for by FPL.

ii. Project Updates

a. Stormwater System Cleaning

MRI is scheduled will start the stormwater system cleaning the week of June 28.

b. FPL Street Light Head Replacement

FPL is currently auditing the light fixtures and updating the photo survey. The Chair asked staff to audit the billing and ask for a credit if FPL has been over-billing the community since Irma for one additional light pole.

c. Erosion Repairs Lakes 3, 5 and 10

The contractor is currently pumping out the tubes.

d. Clock Tower Water Treatment/Flow Rate Meter Revised Proposal

The Field Manager reviewed the proposal from Simply Soft Water Treatment who charges $89 for annual maintenance. The vendor said there is no way to determine how much salt is going to be used, so he provided the least amount of salt and the most amount of salt per year that could be used. The lower side would be $540 per year, and the higher side would be $900 per year. The price includes a water shed for the water softener. The Chair stated that he would like to hide and protect it behind a gate, so he will postpone this until next month when the Field Manager can do more research on how to accommodate the equipment.

e. Pool Vacuuming & Maintenance Update

The Field Manager said it will cost $500 per vacuuming and it will be done as needed on a quarterly basis. The Chair asked that the Board be contacted when it will be done so they can monitor it. Supervisor Licht will gauge the difference and take photos.

f. Gutter/Curbing/Sidewalk Concrete Repair Revised Proposal

The Field Manager stated that Conidaris, who mixes cement by hand, proposed $53,705 and County Concrete, who bring in trucks, was $62,158 to repair concrete in the community. The Chair said that he thinks machine mixed concrete is better quality.

On MOTION by Supervisor Gibson, seconded by Supervisor Napolitano, with all in favor, the Board approved a proposal from County Concrete for $62,158 to repair the gutters, curbing and sidewalks.

g. Clocktower Foam Repair Proposal

The Field Manager reviewed a proposal from Foam Wizard to replace decorative foam around the four monuments for $8,270. There was a previous estimate from Millennium Decorative Foam for $4,000, but they did not participate in the E-verify system. (The Chair clarified why they are obligated to use the E-verify system.) The Chair tabled the issue for another month to give the Field Manager time to seek another proposal.

E. Attorney

i. 21360 Velino Mainline Break by Pool Contractor: Update on Collection

The Chair explained that he gave this issue to the Attorney because the subcontractor who installed the pool at this location busted the mainline for approximately b$4,000. The pool contractor said it was not his problem, that the subcontractor did it, so it went to the homeowner. Mr. Kiheri received the letter and called the office to ask why he is in the middle of this and stated that the CDD should have marked the utilities, so he thinks it is part the CDD’s fault for the damage. Mr. Kiheri said he will reach out to the contractor. After discussion, it was decided to have the Attorney and staff send an additional letter outlining the next steps that will be taken. The Board will ask the homeowner to be responsible for the invoice if the vendor will not pay. The Chair stated that he would like to set a precedent on this to let the community know the Board will follow up on these issues.

ii. Master HOA (ARC) Reimbursement to CDD Feasibility

The Attorney said they would have to have an agreement with the Master and that if they do the surety bond or they do the deposit, the CDD can then access it if there is damage to CDD. The Board asked the Attorney and staff to work on a letter requesting support from the HOA for a surety clause in the ARC requests or cash deposit for any damages caused by contractors.

F. Engineer

i. Emergency Access Road Electrical Plan and Construction Proposals

The Engineer said he reached out to Carter Fence. The Proposal from Collier Paving did not include a fence proposal. He said he will send a second one to Tropical Fence. He needs them to clarify if they are doing the electrical service or the CDD is responsible.

ii. Village and County Emergency Egress LDO status

The Village approved the DO and the County approved the LDO plans for the part that is in the County right-of-way. He said he will give them to the District Manager for the next meeting. Collier Paving will start the third week in July if the pavers are in stock. The Engineer confirmed that conduit will be installed so that power can be installed at a later time.

iii. Total Project Schedule: Clearing, Building, Electrical, Gate, Landscaping

The Engineer will confirm if power is included in the bid. Lighting has not been included in the plans, but the Board would like to have the ability to add power later if desired with relatively little added expense. FPL has been notified that they must remove the existing pole. He will reach out to them to confirm they will address this prior to the contractors starting their work.


A. Guardhouse Arch Revision Project

The Vice Chair reported that a quote from One Source Construction came in after the last meeting, and he asked for $3,000 more than the original bid, but it came in $2,400 beyond that. This vendor can do the job within two weeks. The Chair would like the Engineer and Field Manager to look at it.

On MOTION by Vice Chair Roth, seconded by Supervisor Gibson, with all in favor, the Board approved a not to exceed amount of $37,500 for the guardhouse arch revision project pending review by the Engineer and the Field Manager.


A. Financials for May 2021

Ms. Dudak presented the May 2021 Financials and offered to bring questions back to the District Manager. The Chair mentioned a charge for $3,800 from US Bank and said it is the cost of managing their bonds and services. He also said engineering and legal have been understandably high. Supervisor Licht said there was a charge for Heritage Palms that she would like explained. Vice Chair Roth asked if there was enough money in the 2022 budget to cover engineering costs. Supervisor Licht mentioned the $1 million in Reserves, and the Chair said he is pleased at the fiscal responsibility the Board has shown.

On MOTION by Supervisor Napolitano, seconded by Vice Chair Roth, with all in favor, the May 2021 financials were approved by the Board.

B. Fstop Update

Ms. Dudak reported that the Fstop photographers were able to change out the memory cards and upload some video to their shared drive of the wildlife in the community. They are working on getting staff access to view it. It was stated that some residents have their own backyard cameras, too.


A. Estero Council of Community Leaders

i. Online Meetings & Community Report:

TENTH ORDER OF BUSINESSBoard Reorganization Resolution 2021-04

The Board discussed nominations for the Board. Supervisor Gibson nominated Mr. Roth for Chair, but there was no second. At the next Board meeting, a motion and acceptance of the Reorganization Resolution 2021-04 will be required.

On MOTION by Chair Novitski, seconded by Supervisor Licht, with a vote of 3-2, (Vice Chair Roth and Supervisor Gibson dissented) Mr. Napolitano was elected as the new Chair.

On MOTION by Chair Novitski, seconded by Supervisor Licht, with all in favor, Mr. Roth was re-elected as Vice Chair of the Board.

  • Supervisor Licht asked about the painting of curbs and the status of the project. She suggested “no parking” language versus just color. She also asked if people are still walking through the woods. She also asked that yellow be used for cautionary areas.
  • Vice Chair Roth asked about plans for the Gatehouse. The Chair asked that it be placed on the next Agenda.
  • Chair Novitski said he would like to make sure they have a budget line of $25,000 – $40,000 in the 2022 budget specifically for the turf block for three specific driveways, to include legal and engineering expenses.
  • Jim Meeks mentioned “bonds” on contracts and stated they are expensive. The HOA’s get proof of insurance and a copy of their license. He stated that the state of Florida only requires contractors to be licensed and insured, not bonded. He suggested that it may be helpful for the Board to request a “draw” which would protect the board from someone filing a lien. Regarding the chlorine treatments for snails, he mentioned that there is currently a shortage of chlorine, and everyone is having a difficulty getting product, so this may not be an immediate option.
  • Reese Graber thanked the Board for changing the speed limit. He also commented on irrigation blowouts.

There being no further Orders of Business, and

On MOTION by Supervisor Napolitano, seconded by Supervisor Licht, the meeting was adjourned at 5:41 p.m.

Next Meeting: July 20, 2021 at 4:00 p.m.

Secretary/Assistant Secretary
Chair/Vice Chair