Heritage Palms Community Development District

The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, October 28, 2024 at 8:00 a.m. at the Heritage Palms Golf and Country Club at 10435 Washingtonia Palm Way, Fort Myers, Florida and via web conference.

Present and constituting a quorum were:

Mike Whitten – Chair
Stan Switzer – Vice Chair
Bob Breisch – Assistant Secretary
Chuck Rawson – Assistant Secretary

Arriving later:

Brian Anderson – Assistant Secretary

Also attending were:

Cal Teague – District Manager, Premier District Management (PDM)
Mandie Rainwater – Assistant District Manager, PDM
Sam Marshall – Engineer, Banks Engineering
Dave Slovak – HOA Liaison
Alyse Grohowski – Resident
George Smothers – Resident

Attending remotely:

Christopher Dudak – Client Services Manager, PDM

The following is a summary of the discussion and actions taken at the Heritage Palms Community Development District (CDD) Board of Supervisors Meeting.

The meeting was called to order at 8:00 a.m., and District Manager Cal Teague called the roll. Four Board members were present to constitute a quorum, and Supervisor Anderson arrived at 8:01 a.m. Also in attendance were Mandie Rainwater, Assistant District Manager, Sam Marshall, the Engineer, HOA Liaisons Dave Slovak and Alyse Grohowski, and George Smothers, Resident, who arrived at 8:04 a.m. Attending remotely was Christopher Dudak, the Client Services Manager.

There were no Audience comments on Agenda items.

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

Supervisor Breisch pulled the Meeting Minutes for discussion.  District Manager Teague pulled the Financial Report.

B. Motion to Approve Consent Items

C. Consent Items

i. Draft Regular Meeting Minutes for September 23, 2024

ii. Financial Report for September 2024

iii. FEMA Update

D. Consideration of Items Pulled for Discussion

Supervisor Breisch requested a change to line 41 of the Meeting Minutes for September 23, 2024, adding his name as an attendee of the lake management seminar in Bonita Springs.

District Manager Teague presented an update on the Financial Report. He noted that there had been no need to pull from reserves for the road paving project on Heritage Palms Boulevard in early Fiscal Year 2024, because the interest income was excellent this year. The District has approximately $67,000 in additional income.  In regards to Miscellaneous Revenue, there was $12,000, because of the settlement payment from the Halperins. He reported that legal fees for the last fiscal year were $5,387 over budget. Overall, the District collected $675,000 and spent $548,000, leaving a positive $127,000 over expenses.

Vice Chair Switzer asked about the financial forecast, and District Manager Teague noted that the forecast is computer generated and is the actual year end. Each month is actual added in, and months without them would show a budget amount, not actual for that month. Since the current financial report is at year end, the forecast is an annual total of actual expenses for the fiscal year.

A. Anti Human Trafficking Affidavit on All Government Contracts

District Manager Teague explained that this is a new requirement and it states that all proposals, contracts, and renewals must have a notarized affidavit stating that the contractor does not use forced labor. We will be adding these to new contracts with our frequently used contractors, but the burden of obtaining a notarized form from every contractor, regardless of the size of the proposal, will likely minimize the pool of willing contractors. He stated that he has delayed utilizing this with all vendors, in the hope that some clarification will be given from the state explaining how this must be applied.

A. Paving Project Plan for Wine Palm and Seminole

Engineer Marshall stated that he continues to draft a permit application for the City of Fort Myers for the roadway paving plan, and is on track to present the plan to the Board before the end of year. Because permits are only good for 6 months, he is managing the timing of its completion and submission. Chair Whitten noted that the construction of the tiki bar is behind schedule, which could delay paving in that area.

Chair Whitten noted stain marks on the roadway surface, and he asked Engineer Marshall to investigate. District Manager Teague asked what can be done to smooth the surface, and Engineer Marshall stated that it can be heated and smoothed, if the issue is in the asphalt. Chair Whitten noted that reclaim water can stain house siding, cars and pavement and could be the cause of the roadway staining.  Engineer Marshall is in communication with Russ Berner, who completed the paving job on Heritage Palm Boulevard in early Fiscal Year 2024, so Engineer Marshall will ask them to investigate.

Engineer Marshall stated that he is drafting the annual NPDES report, and he will be submitting it by the end of the week. The State will submit it in mid-November. 

B. Silt Possibly Discharging from Challenger Road Construction through to HPCDD Lake 30

Field Manager Pepin sent this to Engineer Marshall for investigation. He believes that the silt is running into the water from the new hospital construction. Engineer Marshall stated that he has not had the opportunity to investigate, but he will contact Wes Anderson from the City for his opinion. He also surmised that rainwater from Hurricane Helene could have caused silt barriers to be overtopped. District Manager Teague asked if the siltation affects the NPDES permit, and Engineer Marshall stated that it is not likely.

District Manager Teague stated that the Heritage Palms CDD is very proactive and takes action more than other communities, in part, through the field manager reports and pond watch program.

Engineer Marshall left meeting at 8:35 a.m.

A. Cane Toad and Other Invasive Species Preventive Program Discussion

Chair Whitten noted that Supervisor Anderson tried to coordinate an early November meeting with the CDD, the HOA and Dr. Johnson from FGCU, who is an expert on invasives. However, Dr. Johnson failed to respond to multiple emails.

Supervisor Breisch believes that such a presentation should not include the Heritage Palms community, just the CDD and the HOA representatives. Chair Whitten suggested neighborhood HOA representatives could be included, as well. Supervisor Anderson stated that he believes there is a Cane Toad issue, and with agreement from the HOA, a company should be retained to capture and dispose of them.

After discussion, the Board asked for two proposals from outside companies to determine the scope of the Cane Toad problem, if one exists. The Board approved this, with Supervisor Breisch opposed.

B. Tabled Proposal to Televise Pipe from Lake 21 into the Preserve

The Board had tabled this, because they decided to ask Field Manager Pepin to conduct a preliminary visual inspection of the flow rate. He reported to the Board that the catch basin, although submerged, is not covered with debris, and there is flow. No further action is required by the Board, and this will be removed from the Agenda.

C. 11143 Wine Palm Resident Vegetation Encroachment Removal Request

Chair Whitten and Greg Kriesch examined the area, and Mr. Kriesch will be enlisting someone to mow the area. Chair Whitten noted that none of the encroachment is on CDD property.  Supervisor Anderson asked if there was a responsibility for the CDD to build fencing in that area, but the Board did not believe so, because the area without a fence is between the preserve and the golf course.

D. Lake 8 Fountain Electrical: Two Proposals to Run New Electrical Line

Chair Whitten stated that there were two proposals. One proposal was from Premier Lakes for electrical wiring from the shore to the fountain at the cost of $3,512, and the second was from West Coast Electrical to bore and install new wire to the shoreline control box at the cost of $13,000. However, it was discovered that the current wiring, which was replaced and upgraded in December 2023, was only cut, which can be repaired, and it will then allow the current electrical line to be used. It was stated that the repair cost will be much cheaper than the quotes received, so neither of these proposals are necessary.

Additionally, surge protection has not been added to the fountain, but was mistakenly added to the waterfall feature. West Coast Electrical will install surge protection to correct it’s mistake. Chair Whitten stated that the Lake 8 fountain should be running by next week. Chair Whitten also stated that he has lost confidence in Premier Lakes. Field Manager Pepin recommended Fountain Kings, and the Board would like a proposal from them, but not until the issue is resolved. 

Chair Whitten believed that Kevin Ammon was not in favor of the installation of surge protection in the cart barn electric panel, but he wanted confirmation.

There was no New Business.

A. Current Field Management Report

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

• Supervisor Breisch asked about the homeowner’s tree mentioned on Page 36 that fell on the District-owned fence. It was noted that the Board needs to repair the fence, because where the tree falls determines who is responsible for it, not where it was rooted.
• Vice Chair Switzer asked about a Cypress or Slash Pine in the preserve behind his home. He believes it is healthy, but Field Manager Pepin will be asked to investigate.
• The Board noted that the lodge power is on, so the aerators need to be turned on.

B. Follow Up Items

i. Confirm that Aquatic Weed Control Will Treat Water Lettuce in Preserve

Staff confirmed with Aquatic Weed Control that these will be treated in the November maintenance event.

ii. Concrete Repairs for Sidewalks & Gutters

Field Manager Pepin stated that sidewalk repairs have been completed and the contractor has moved on to repairing the gutters. He will hopefully complete these repairs in the near future. The Board stated that the sidewalk repair work looks good.  They wondered if the vendor can explain why this gutter pan is raised when there are no tree roots in the area.

iii. Both Fountains Surge Protection

Field Manager Pepin stated that this should be completed by the end of this week.

iv. Hurricane Milton Cleanup Efforts

Field Manager Pepin noted that 99% of the cleanup has been completed. As he notices additional vegetation issues along the preserve and perimeter fences, he will have them addressed. So far, he only found one hanging branch that needs to be removed for safety reasons.

v. Aerator Repairs Lake 13/14/15

Field Manager Pepin stated that this repair work is pending.

A. Reminder: 4 Hours of Ethics Training Due December 31, 2024

District Manager Teague stated that this item is another reminder that the completion of the training is due by December 31st, and links are in the packet for those who have not completed it.  Beginning in January, 2025, another four hours of ethics training will need to be completed, because this is a yearly requirement.

Dave Slovak reported that the last HOA board meeting had been canceled, and the next board meeting is in early November. However, they had a budget meeting, and it was decided that there will be a fee increase. He stated that the HOA will be completing a reserve study. Supervisor Breisch asked if the strategic planning committee was disbanded, and Mr. Slovak stated that it was, but he would like to reinstate it. Without a committee, the Board itself will be more involved in strategic planning.

Supervisor Anderson left the meeting at 9:56 a.m.

George Smothers asked if there is surge protection on the main fountain, and Chair Whitten stated that there is not, as of yet. Chair Whitten would like surge protection installed on the cart barn panel, but Kevin Ammon was not in favor, so it will just be installed on the AC subpanel. Staff will ask Field Manager Pepin to verify.

Chair Whitten noted that there is considerable erosion on 18 Royal on the Lake 8 northeast side caused by Hurricane Milton. The soil is missing around the geo tubing. He asked if we need a proposal to get it repaired.

Engineer Marshall sent a text to Chair Whitten during the meeting concerning the possible Challenger Road runoff through Watermark outfall and into Heritage Palms.  He stated that he did not see any runoff there today. He stated that Wes Anderson at the City of Fort Myers is aware of the turbid water, and he stated that it came from the hospital construction site. He stated that corrective action has been taken.

Alyse Grohowski thanked the Board for allowing her to attend these meetings.

The Next Regular Meeting is scheduled for November 18, 2024 at 8:00 a.m.