Amended Meeting Minutes for December 19, 2022
Community Development District
The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, December 19, 2022 at 8 a.m. at the Heritage Palms Golf and Country Club at 10420 Washingtonia Palm Way, Fort Myers, Florida and via web conference.
Present (or by web conference) and constituting a quorum were:
Mike Whitten – Chair
Stan Switzer – Vice Chair
Al O’Brien – Assistant Secretary
Bob Breisch – Assistant Secretary
Also attending (or by web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Sam Marshall – Engineer, Banks Engineering
Chris Pepin – Field Manager, Community Field Services
Melissa Gindling – Project Specialist, PDM
Christopher Dudak – Client Services Manager, PDM
Dennis Kane – Resident
The following is a summary of the discussion and actions taken at the Heritage Palms Community Development District (CDD) Meeting Board of Supervisors meeting.
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order, and the District Manager called the roll. All Board members were present, with Chair Whitten attending via web conference. Also in attendance were Sam Marshall, the Engineer, and Melissa Gindling, Project Specialist from PDM. Cal Teague, the District Manager, Chris Pepin, the Field Manager and Christopher Dudak from PDM attended via web conference.
On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Board approved Chair Whitten’s attendance via web conference, due to unforeseen circumstances.
SECOND ORDER OF BUSINESS Approval of the Agenda
On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Agenda was approved, as submitted.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on Agenda items.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for November 28, 2022
Line 48 There was discussion on rewording the minutes, as recommended by Supervisor Breisch, but the Board decided to continue with the meeting.
On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Draft Meeting Minutes for November 28, 2022 were approved, as submitted.
FIFTH ORDER OF BUSINESS Attorney
There was no report from Attorney Urbancic.
SIXTH ORDER OF BUSINESS Engineer
A. Roadway Inspection Follow Up
Engineer Marshall stated that he had completed a map illustrating the locations of roadway damage, which had been confirmed on a ride around with Chair Whitten, and he will send it to the Board. He recommended milling and repaving the roadways and stated that he will now obtain bids, and will also obtain bids for other options. He believes that the main priority is Heritage Palm Boulevard, and he wondered if the Board would like to complete the project in phases. Vice Chair Switzer stated that he believes that the project on Heritage Palm Boulevard should be completed this summer, and the Board agreed. After discussion, the Board requested that Sam provide a budget for the whole project, and what the difference would be if all of it is completed at once or if it is completed in phases.
Chair Whitten asked about the status of the project on Lake 18, and Sam stated that installing pipe or cutting the berm to the minimum level required had been discussed. Supervisor Breisch stated that the Board had decided at the last meeting to cut the berm. Sam stated that a survey will be done, and he will investigate to see if they currently have a permit or if one needs to be obtained.
SEVENTH ORDER OF BUSINESS Old Business
A. Roadway Inlets Repair Estimate Update
District Manager Teague stated that Field Manager Pepin had not found anyone to complete the repairs, and Chair Whitten stated that he does not believe that it is an urgent issue, and the Board agreed that the project could wait until a contractor is found.
B. Community Fence Upgrades Estimates Update
Chris stated that he has logged all the damage on the perimeter and preserve fences, and he hopes to have the new damage from the hurricane logged in the next couple of weeks, so he can submit it to contractors. He stated that Sunstate Fence is not available until March, but Carter Fence is E-Verified. Chris stated that Carter Fence requires a deposit of approximately $150 to inspect the fences, and the Board agreed to pay the deposit, so the project can begin as soon as possible. Vice Chair Switzer would like to get a detailed report on the condition and required repairs for the fences and what the cost would be. Chair Whitten stated that it will be extensive. Chris stated that he will complete a report as soon as he can, but he has been very busy with hurricane projects. Vice Chair Switzer stated that he would like to receive background checks on vendors that they consider and how many employees they have.
C. Update on New Lakes Maintenance Contracts
Chris reported that FloridAquatic is off to a good start. They have treated Spatterdock and water lettuce, along with other treatments, and have started the annual hybrid cutting.
Chris stated that Crystal Clear is responding slowly and has not been proactive in getting acquainted with the community. He believes that if Crystal Clear had done previous inspections, he could have asked more questions before developing an estimate. Chris also believes that the company is overwhelmed, because of all the new contracts. They have been slow in responding to aerator issues, except for noise complaints, and had to be reminded to include broken air stations in their estimate.
Vice Chair Switzer is concerned that there is not more preventive maintenance on aerators, so they can identify issues before they develop. It was stated that there is a biannual preventive maintenance inspection, but Chris agreed that they could be more thorough. There was discussion on the need for a detailed checklist when inspections are done. Supervisor Breisch stated that the checklist could be developed over time, and that the Board could evaluate their performance to ensure that they are being thorough. The Board requested a copy of service reports. Chair Whitten suggested that a representative from the company could come to a meeting to report on their actions, and so the Board could discuss their expectations for prevention and maintenance.
Vice Chair Switzer had questions about the invoices from Aquatic Weed Control, who is responsible for the preserves, and why there was an invoice from Solitude for November, if the new company had started then. District Manager Teague will investigate and inform Vice Chair Switzer of his findings.
D. Bathymetric Comparison
The report was in the packet, and District Manager Teague stated that 2020 had a silt analysis, but there was no analysis completed in 2022. He also stated that the numbers from 2020 do not completely match those of 2022, but the mapping illustrates some improvement. He stated that bio block has not been used at some of those lakes, and he wonders if it is worth the cost. Vice Chair Switzer asked for an example, and District Manager Teague selected one from the report and reviewed it. It was stated that none of the Board and staff are experts, and the Board requested that a scientist come to a meeting and interpret the report. District Manager Teague will consult with Engineer Marshall, so that an expert can be obtained.
EIGHTH ORDER OF BUSINESS New Business
There was no New Business.
NINTH ORDER OF BUSINESS Field Manager
Field Manager Pepin reviewed his report and the following was discussed and action was taken:
A. Current Field Report
Chris stated that there are a lot of aerator issues, and he will be discussing these with the contractor.
There was discussion about the width of the spikerush in some lakes, and Chris will see that this is addressed. He will ensure that the spikerush is sprayed this winter, so that no blockages develop. Chair Whitten stated that the cuttings have not been picked up, and Chris will remind Greg Kriesch to have it done.
Chris stated that there is vegetation and debris from the hurricane in canal C-15 that remains to be picked up, which will be removed within the next 2 weeks, and trees that fell over with be removed within the next month. Greg informed him that a tree company will begin cleaning up the trees and tree branches in the whole community next month.
Chris stated that Engineer Marshall is preparing a report on issues in the roadways, and Chris also saw some areas where the microsurfacing is pulling apart. He will also ensure that broken curbing that a resident reported will be repaired.
Chris stated that there is some algae present, which is emitting an odor, and it is being treated. He has also seen some silt in the lakes where pools are being built, but it is not a major concern, because it will naturally dissipate.
He stated that a catch basin in the retention area on the entrance to the lodge is buried and will be cleared.
Chris stated that the new pressure washing company had reduced their cost to $15,500 for the next three years, and they will begin the project after January 3rd.
He stated that Dan Davis had requested a yellow bollard post near Penzance, and the Board agreed that D & G could complete it.
Chris stated there there is an electrical panel in the aerator cabinet on Lake 1 that is extremely rusted, and he had received an estimate for its replacement.
On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Board approved West Coast Electrical to replace an electrical panel in the aerator cabinet on Lake 1, not to exceed $1,250.
Supervisor Breisch had spoken with Ernesto Lasso de la Vega at Lee County Hyacinth Control District, who stated that there could be spider mites that are affecting the littorals, which could be treated with detergent, and District Manager Teague stated that this treatment had been applied a few years ago.
B. Aquatic Field Report
District Manager Teague was impressed with the detail in the report from FloridAquatic.
C. Follow-up Items
i. Bulkhead Cap Replacement New Estimate
Chris stated that Travis from Artistic Structures will be inspecting the bulkhead caps again and will send over a report with an updated estimate.
ii. Silt Removal at 11333 Wine Palm
Chris stated that the water levels have receded, which expose the shoreline, but there is no concern about the presence of silt, because it will naturally dissipate.
iii. Clean Heritage Palms Estates Storm Drain Lines
Chris stated that he has not found a contractor that will clean the pipes behind these homes. Companies are very busy with hurricane cleanup.
TENTH ORDER OF BUSINESS District Manager
A. Hurricane Ian Damages Update
A summary of the damages needing restoration was reviewed.
Vice Chair Switzer asked about the extent of the fish kill, and Chris stated that it was extensive.
B. Financial Report for November 2022
District Manager Teague reviewed the Financials, and he stated that the District is in good condition. He stated that the receipt of assessments was delayed because of the hurricane, but they received $26,000 in November and $133,000 in December. He reviewed the cash and investment report, and he stated that there remains $67,000 in Iberia, but the accounts will be closed when all the checks have cleared. He stated that their checking and money market accounts are paying 2.75%.
Vice Chair Switzer asked about the necessity for government approval for any CDD financials, and District Manager Teague explained the requirements and procedures. He also had a question about the reconciliations in checking, which District Manager Teague explained.
On MOTION by Supervisor Breisch, seconded by Supervisor O’Brien, with all in favor, the Financial Report for November 2022 was accepted for Audit, as presented.
C. FEMA Updates
District Manager Teague stated that staff is creating a list of projects and their projected costs for FEMA, which will include the inspection and cleaning of the stormwater management system. The cost for the expenses currently incurred is $26,890.
D. Adjustment to the Contract for Field Manager Attendance
District Manager Teague stated that Chris quoted $275 per meeting for 6 meetings a year and $340 a meeting for 12 meetings a year. After discussion, the Board decided to keep the contract the same.
ELEVENTH ORDER OF BUSINESS H.O.A. Report
There was no H.O.A. report.
TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments
Vice Chair Switzer asked if Dennis Kane can be appointed as Supervisor today to replace the vacancy created when Supervisor Lubozynski resigned, and District Manager Teague stated that he can. District Manager Teague asked the Board to accept Dennis Lubozynski’s resignation before appointing Dennis Kane as Supervisor.
On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Board accepted Dennis Lubozynski’s resignation, effective immediately.
Supervisor Breisch asked if the community should be notified of a Board vacancy, and District Manger Teague stated that it is not required. He also stated that the vacancy had been placed on the website.
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board appointed Dennis Kane as Supervisor for the Board of Supervisors of the Heritage Palms Estates Community Development District.
Chair Whitten informed Supervisor Kane that he will be serving out the remaining 2 years of the seat to which he has been appointed, and he is required to run for reelection in 2024, if he so desires.
Vice Chair Switzer stated that Supervisor compensation has been $200 for approximately 20 years, and he asked if it could be increased to $250. District Manager Teague stated that $200 is the maximum amount allowed by the state of Florida. Vice Chair Switzer also asked about the $10 fee required to be sent to the state, and District Manager Teague stated that it is the oath of office fee.
THIRTEENTH ORDER OF BUSINESS Audience Comments
There were no Audience comments.
FOURTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Board agreed to adjourn at 10:20 a.m.
The Next Regular Meeting: January 23, 2023 at 8:00 a.m.