Amended Meeting Minutes for June 28, 2021
Community Development District
The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, June 28, 2021 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
Dennis Lubozynski – Assistant Secretary
Bob Breisch – Assistant Secretary
Also attending (or by web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Sam Marshall – Engineer
Christopher Dudak – Assistant to the District Manager
David Lionett – HOA Master Board
Ken Lehman – HOA Master Board
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 were present, except Chair Whitten and Supervisor Lubozynski who participated online after Board approval. Also in attendance was the Engineer Sam Marshall, David Lionett and Ken Lehman from the HOA Master Board. Christopher Dudak of PDM also participated via web conference.
On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Board voted to allow Chair Whitten and Supervisor Lubozynski to participate in the Board meeting via web conference.
SECOND ORDER OF BUSINESS Approval of the Agenda
The Board reviewed the Agenda.
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Agenda was approved as submitted.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
Ken Lehman, President of the HOA Master Board commented that they had assurances from a Councilman and the Fire Chief that they plan on installing a vegetation buffer on the Fire Department’s side of the fence. The Chair expressed his appreciation about it.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for May 24, 2021
The Board reviewed the Minutes from the May 24, 2021 meeting. Vice Chair Switzer asked for clarification about an item that was discussed. The District Manager reminded the Board that the Approval of the Minutes is simply a reflection of verifying what was stated at the last meeting. He then explained that NPDES stands for National Pollutant Discharge Elimination System, an entity to monitor stormwater pollution. The Engineer stated that the Board is welcome to contact him with questions.
On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Meeting Minutes for May 24, 2021 were approved as submitted.
FIFTH ORDER OF BUSINESS Attorney
A. Land Transfer on Bismark and Butterfly Discussion
The District Manager queried the Board about what they want to do concerning the land transfer. Supervisor Lubozynski stated that they need to ensure that whatever they said years ago is clearly documented and that the land is owned by the right people. The Vice Chair concurred. The District Manager said that in 2009 the Board decided to wait to see if it would become an issue. The Board requested that he contact the current boards and ask them to execute the agreement as originally proposed.
On MOTION by Supervisor O’Brien, seconded by Vice Chair Switzer, with all in favor, the Board voted to contact the HOA’s and execute an agreement concerning the land transfer.
B. Filling-In Lake L-6 Feasibility
i. Legality of Transfer to Private Hands
The Board requested a written opinion from the Attorney on the legality of land transfer to allow use of this property by the HOA. The Engineer stated that there is a high likelihood that if they apply to fill it in, a permit would be granted to the CDD. Backfilling a lake is expensive, he said, to ensure it is adequate for a structure. Vice Chair Switzer stated that he would like to see a legal position in writing.
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board requested a legal written opinion concerning the use or transfer of the land in question by the HOA.
ii. HOA Ability to Permit
It was stated that the HOA can be a permittee if they have the authority to control the use of the land.
SIXTH ORDER OF BUSINESS Engineer
A. Eagle Reserve Construction Garbage in Lake 30 Update
The Engineer said he spoke with Wes Anderson, City of Ft. Myers, who visited the site and asked the building inspectors to keep an eye on it. Mr. Anderson also spoke with the developer about reducing the pollution. The Engineer asked that if anyone sees garbage, they should photograph it to send to Mr. Anderson. He said he believes it was trash from the workers.
SEVENTH ORDER OF BUSINESS Old Business
A. Shortened Fence for Casa Del Lago Preserve Area Discussion
This area was opened for access and Supervisor Breisch took some pictures. They are still awaiting a written estimate, but Sunstate Fence estimated that it requires 150 lineal feet. The Board felt 100 lineal feet would be sufficient with both ends staked down. They also discussed adding vegetation as a deterrent to having traffic pass through the area.
On MOTION by Supervisor Breisch, seconded by Supervisor Switzer, with a vote of 4-1 (Chair Whitten dissented,) the Board approved a not to exceed amount of $2,500 for 100 lineal feet of chain-link fence wrapped around the corner with open ended stakes at the Casa Del Lago Preserve.
B. Updated Repair Estimates for Existing Perimeter and Preserve Fences
i. 18120 – (6’ tall) 210’ connecting to Seminole Palm Way/ Install 180’ Near Garland/ Remove 390’
A revised proposal was presented, using some of the old material, at $7,588.32 rather than the original estimate of $8,144.52.
ii. 18121 – (4’ tall) replace 21’ on Sierra Palm/ 21’ Wine Palm/ Install 390’ on Tiger Palm/ Remove 390’
This revised proposal was also to use some of the old material for $7,887.91 while the original estimate was for $8,953.80.
On MOTION by Supervisor Breisch, seconded by Supervisor O’Brien, with all in favor, the Board approved the original proposals of $8,144.52 and $8,953.80 for all new fencing.
C. Ranchette Repeated Fence Damage Issues
The Board expressed frustration by the repeated vandalism to the Lake 6 fence that was repaired again by Sunstate Fence. The Field Manager had two middle rails installed across the fence to prevent vehicles from coming into the community. It was reported that the Sheriff’s Department sent a Deputy to the home of the boy who was pictured in the area where the fence was cut, fishing and on a motor bike. A Sheriff told the father that the CDD wanted an apology, which came in an email, but the Board was not satisfied with that since they were not approached on this position.
The Board discussed having the Attorney send the father a letter demanding payment of $3,200 for damages for repairs made after the initial fencing was completed. The CDD will send a letter to Dan Davis, Security Director, that the Board was not pleased that the Sheriff’s Deputy told the father they were only looking for an apology. Going forward, the CDD will request prosecution and restitution for damages when CDD property is vandalized.
The Board also discussed other fencing options where water is present.
On MOTION by Supervisor Breisch, seconded by Supervisor O’Brien, with all in favor, the Board approved having the Attorney send the homeowner who the Board suspects that the son cut the fence; also, on June 21 there were two recent invoices and a letter demanding payment and threatening prosecution should be sent asking that the last two invoices be paid by the homeowner. The letter will include pictures of the incident. The Board also agreed to notify Mr. Davis, Security Director, that they are not happy with the direction that he took without CDD approval in the incident and any future action will result in prosecution and retribution for damages.
EIGHTH ORDER OF BUSINESS New Business
There being none, the next Order of Business followed.
NINTH ORDER OF BUSINESS Field Manager
A. Field Report for June
The District Manager reviewed the Field Manager’s monthly report.
- The lakes are in good condition, except Lake 10 that has an algae issue that is being addressed.
- The Field Manager investigated a report about invasive plants, but he believes it is ground cover for lake banks. The Chair disagrees with the item and will take another look at it.
- The report mentions trash from Eagle Reserve.
- Solitude is due to take care of several repairs any day now.
- A midge fly problem was reported near the condos.
- There are washouts from the new construction on the Sabal course and they will ask the contractor to take care of it. The Chair said there are no silt fences in the area.
- There were some asphalt issues in the report where it is falling apart on Wine Palm and King Palm Court.
- The Field Manager raised an irrigation valve box that was sinking.
- He added rip rap in some areas.
- A pothole was reported.
- Dredgesox on Butterfly needs repair.
- The Chair asked about the stormwater gutter at the end of the King Palm Court that is sinking down and causing damage. The Engineer will take a look at it.
B. Follow-Up Items
i. Fire Station #7 Fence Repair
The vegetation was removed.
ii. Midge Fly Treatments Update
This was mentioned in the Field Report.
iii. Lake L-11 Aerator Repair
This item is scheduled for repair.
iv. Weeds on Bulkheads
Mr. Ayers from Lake & Wetland Management will spray these.
v. Lamberts Cable Company Damage to Microsurfacing on Washingtonia Palm and Queen Palm Intersection
The repairs are expected to be minimal.
TENTH ORDER OF BUSINESS District Manager
A. Financial Statements for May 2021
The District Manager reviewed the May financials with the Board and answered Board questions.
On MOTION by Supervisor Breisch, seconded by Supervisor O’Brien, with all in favor, the Board approved the May financials as submitted.
B. Fiscal Year 2020 Audited Financial Report
The Board reviewed the audit letter. The Chair asked about the accompanying letter that said, “we did encounter immaterial, uncorrected misstatements during the course of the audit which were discussed with management and not adjusted.” The District Manager will get an explanation of the line item in question. On page 5, an item for $8,900 was also questioned, and he will also get an explanation of this.
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board accepted the FY 2020 Audited Financial Report.
ELEVENTH ORDER OF BUSINESS HOA Report
There being none, the next Order of Business followed.
TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests & Comments
There being none, the next Order of Business followed.
THIRTEENTH ORDER OF BUSINESS Audience Comments
- Dave Lionett commented that the Board is doing a good job.
FOURTEENTH ORDER OF BUSINESS Adjournment
There being no further Order of Business, and
On MOTION by Supervisor O’Brien, seconded by Supervisor Breisch, with all in favor, the meeting was adjourned at 10:26 a.m.
Next Meeting: August 10, 2021 at 8 a.m.