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Amended Meeting Minutes for June 26, 2023

Heritage Palms
Community Development District

The regular meeting of Board of Supervisors of the Heritage Palms Community Development District was held on Monday, June 26, 2023 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
Bob Breisch – Assistant Secretary
Dennis Kane – Assistant Secretary
Al O’Brien – Assistant Secretary

Also attending (or attending via web conference) were:

Cal Teague – District Manager, Premier District Management (PDM)
Sam Marshall – Engineer, Banks Engineering
Gregory Urbancic – Attorney, Coleman, Yovanovich & Koester, P.A.
James Wesoloski – HPCA Liaison
George Smothers – Resident
Tom Lonergan – Resident
Chuck Rawson – 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 at 7:58 a.m., and the District Manager called the roll. All Board members were present, with Supervisor O’Brien arriving at 8:03 a.m. Also in attendance were Cal Teague, the District Manager, and Residents George Smothers, Tom Lonergan and Chuck Rawson. Greg Urbancic, the Attorney, attended via web conference.

SECOND ORDER OF BUSINESS Approval of the Agenda

Add 8B Power Washing at Heritage Palms including Bismark & Butterfly Palm

On MOTION by Vice Chair Switzer, seconded by Supervisor Kane, with all in favor, the Agenda was approved, as amended.rn

THIRD ORDER OF BUSINESS Audience Comments on Agenda Items

There were no Audience comments on Agenda Items.


A. Items to be Pulled from Consent Section for Discussion by the Board

There were no items pulled.

B. Motion to Approve Consent Items

On MOTION by Supervisor Kane, seconded by Vice Chair Switzer, with all in favor, the Board approved all items on the Consent Agenda.

C. Consent Items

i. Draft Regular Meeting Minutes for May 22, 2023

ii. Financial Report for May 2023

iii. FEMA Reimbursement Update

It was noted that June 29, 2023 is the deadline for the completion of all emergency cleanup, and it was reported that Heritage Palms has completed all of the emergency cleanup. The requirements state that permanent work can still be performed. FEMA is in the initial determination process to decide if any requested projects are ineligible.

iv. Fiscal Year 2022 Financial Audit

District Manager Teague reported that the audit was clean, and there are no findings.

D. Consideration of items Pulled for Discussion


A. Legislative Update: Supervisor Ethics Training

Attorney Urbancic reported that legislation has been passed requiring the Board to complete a 4 hour ethics course every year, and this will begin in January, 2024. The Board will now designate that they have completed the course on the F1 form and will file the form electronically. District Manager Teague stated that the FASD is working on a training manual and possibly a course.

Attorney Urbancic also stated that the National Coalition of Special Districts is working on legislation, which will designate CDDs as a federal special district, and this will aid in the procurement of federal funds.

In addition, he reported that the E-Verify requirements will be more stringent.

B. Halperin Bromley Lane Fence Repair Agreement Update

The Board reviewed a copy of the draft letter which will be sent to the property owner. Staff suggested moving the new fence back, and the Board agreed that it can be installed inside the property line, up to 2′. The Board wanted to ensure that the property owner leaves the old fence and the vegetation along the fence line.

On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board approved that the homeowner Halperin on Bromley Lane can install the fence inside the Heritage Palms property line, up to 2 feet.

There was discussion on recouping the CDD’s expenses, and Attorney Urbancic stated that the District can be reimbursed for all of the engineering, legal, and field management costs, if it goes to court. The Board decided to pursue reimbursement for the additional engineering and legal expenses.

On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board approved seeking reimbursement from the homeowner at Halperin Bromley Lane for all true and accurate and additional engineering and legal expenses for restoring the fence.


A. Roadway Milling & Paving Project Update

Engineer Marshall reported that he had received two proposals, and the low bid was from Russ Berner Construction, Inc. for $117,724.50. Staff had received authorization from the Board at the last meeting, and this proposal was executed. The contract is in the process of completion, and subsequently, the signatures of all parties will be obtained.

There was concern expressed about traffic control during the project, and Sam stated that the project should just take a few days. Sam will communicate with the contractor, and Chair Whitten will also communicate with the HOA to determine the best way to control traffic.

Engineer Marshall updated the Board on the Lake 14 adjustments to the drainage swale, and he stated that everything is complete, except for the installation of sod, and the repair of a small washout next to the rip rap on Lake 30.


A. MRI Stormwater Inspection Report, Locations Maps, and Cleaning Proposal for 16 Additional Structures

District Manager Teague stated that MRI had provided an estimate of $15,900 to clean out the 16 structures that Sewer Viewer could not get to with their vactor truck. The inspection and cleaning of the structures which Sewer Viewer completed, as well as, the structures in Heritage Palms Estates have been completed.

On MOTION by Supervisor Kane, seconded by Vice Chair Switzer, with all in favor, the Board approved the proposal from MRI to clean out 16 structures, not to exceed $15,900.

B. Shoreline Restoration Discussion

The Board decided to table this until after the rainy season. At that time staff can submit a recommended restoration proposal.

C. Tabled Fence Repair and Ficus Removal Proposals

After discussion, the Board decided to table this again until they have had the opportunity to investigate the areas in question.


A. Audit Selection Process

i. Establish Minimum Qualifications

ii. Appoint Committee

iii. Authorize RFP and Audit Selection Committee Meeting: August 28, 2023

District Manager Teague stated that the District must solicit bids from auditors every three years. The process includes establishing minimum qualifications, appointing an audit selection committee, and finalizing the selection at the August meeting.

On MOTION by Supervisor Kane, seconded by Chair Whitten, with all in favor, the Board appointed themselves as the audit selection committee, which will meet 15 minutes before the August 28, 2023 meeting and authorize the selection of an auditor.

B. Power Washing at Heritage Palms including Bismark & Butterfly Palm

The HOA asked to include these streets in the next power washing project. The Board agreed, and they will communicate with the HOA staff about the specifics of the cleaning. It was agreed to bill the HOAs for the expense.

On MOTION by Vice Chair Switzer, seconded by Supervisor Kane, with all in favor, the Board agreed to include Bismark and Butterfly Palm in the next power washing project, and to bill the HOA for the expense.


A. Current Field Management Report

District Manager Teague reviewed Field Manager Pepin’s report, and the following was discussed:

District Manager Teague stated that Field Manager Pepin had submitted a report that reflected his concerns about the lakes’ condition, and he passed this on to the contractor. Field Manager Pepin reports that they have since made a more intense effort. It was stated that the contractor’s technicians are in the community once a week and more often when there are issues.

Field Manager Pepin had noted that there is an expansion of spike rush, and he stated that it will be treated if it becomes too wide.

He observed pleco in Lake 7.

There was discussion on cane toads, and it was stated that they have been heard throughout the community, including at the Tiki Bar. Tom Lonergan volunteered to organize a group to investigate and determine where they are located by listening for them.

Field Manager Pepin has acquired a contractor who could repair the roadway inlets, and he has asked the contractor for a proposal.

He had observed debris in the preserve behind 7253 Sugar Palm Court, and a letter will be sent, asking the homeowner to refrain from putting debris in the preserve.

B. Follow Up Items

i. Lake 14 Drainage Swale

This was discussed earlier in the meeting.

ii. Various Fence Repairs

The most recent update is that Carter Fence will start the project on August 7th, and they expect that it will be completed by August 11th.

iii. Lake 25 Compressor Changeout

This project is complete, and everything is operational.


District Manager Teague had nothing further to report.


Jim Wesoloski asked if the Penzance fence was included in the fence project. He also commented that he felt that the fountain resolution passed by the Board previously should have had public input before the Board took action.

TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments

Supervisor Breisch commented on the Pond Watch report and its findings.


George Smothers asked why the Board had rejected the recommendations from the Safety Committee for installing crosswalks. There was discussion on the advantages and disadvantages of marking crosswalks.


On MOTION by Vice Chair Switzer, seconded by Supervisor Kane, with all in favor, the Board agreed to adjourn at 9:30 a.m.

The Next Regular Meeting: July 24, 2023 at 8:00 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair