Heritage Palms Community Development District

The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, September 23, 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
Chuck Rawson – Assistant Secretary

Attending remotely:

Brian Anderson – Assistant Secretary

Also attending were:

Mandie Rainwater – Assistant District Manager, Premier District Management (PDM)
Alyse Grohowski – HOA
George Smothers – Resident

Attending remotely were:

Dave Slovak – HOA
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 Mandie Rainwater called the roll. Three Board members were present, and Supervisor Anderson attended remotely. Also in attendance were, Mandie Rainwater, Assistant District Manager, Alyse Grohowski from the HOA, and George Smothers, Resident. Attending remotely were Dave Slovak from the HOA, and Christopher Dudak, the Client Services Manager.

An Amended Agenda was forwarded in Additional Materials:

Add 8B– 1143 Wine Palm Vegetation Removal Request

There were no Audience comments on Agenda items.

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

No items were pulled.

B. Motion to Approve Consent Items

C. Consent Items

i. Draft Regular Meeting Minutes for August 26, 2024

ii. Financial Report for August 2024

iii. FEMA Update

Included in the packet was a sample of the 6 letters received from FEMA, stating that all appeals are still in review, and there is no estimated time for appeal determinations. Chair Whitten requested that this remain on the Agenda.

D. Consideration of Items Pulled for Discussion

A. Halperin Fence Repair Legal Pursuit

Assistant District Manager Rainwater reported that the counter offer of $12,000 from the Board has been accepted by the Halperins. Chair Whitten and the Halperins have also signed the agreement. The check was received by Greg Urbanic’s office on September 18, 2024 and was forwarded to PDM for deposit. The Board believed it was a reasonable settlement.

A. Paving Project Plan for Wine Palm and Seminole

Engineer Marshall is still compiling the paving plan and has begun the permitting process. He was not present to give any further updates.

A. Cane Toad Preventive Program

Chair Whitten noted that there is no change with the Master HOA Manager’s position that Cane Toads are a CDD-only issue, instead of a community-wide issue. Supervisor Anderson stated that he listened to a recording of an HOA Master Board meeting, and he noted that he had been misquoted. He stated he was characterized as saying that Cane Toad tadpole control is the best way to control the Cane Toads. He clarified that he stated that controlling tadpoles is only part of the solution. Collecting adult toads is also necessary. George Smothers clarified that he intended to say that tadpole control is the best method for management at the current time. The Board reiterated that the only effective program will address both tadpoles and adult toads.

Chair Whitten stated that the HOA at Fairway Verandas on Queen Palm reported that they see Cane Toads regularly.  They asked if they could borrow traps from the CDD, so it appears that there is neighborhood HOA interest in their capture. George Smothers and Chair Whitten stated that they have not seen tadpoles recently, and Supervisor Anderson noted that breeding starts in February and March. Supervisors Whitten and Breisch attended a lake management seminar in Bonita Springs, and stated that he gained contacts, including those from FGCU, and he will pass them on to Supervisor Anderson.

Vice Chair Switzer stated that we need to be proactive and develop a plan before the Cane Toad population increases.

George Smothers stated that he has contacted Lee County to ask if they are addressing this as a region-wide problem, and he has not received a response as of yet.

Dave Slovak stated that he believes that this is an issue that is both the community and the CDD’s responsibility. He suggested addressing Cane Toads, armadillos, midge flies, feral hogs, and Green Iguanas collectively. Alyse Grohowski agreed that this is an issue that the HOA and the CDD need to address. She suggested that workshops and seminars from professionals could educate the CDD and the HOA about the issue.

Supervisor Anderson reminded everyone that Dr. Johnson at FGCU, an expert in Cane Toads, stated he would come to address the Board or Master, if requested. The Board and the HOA representatives stated that they would like him to come to a joint CDD/HOA meeting for an informational session in early November. Supervisor Anderson will coordinate proposed dates with Mr. Slovak.  It was also noted that Dr. Johnson is an expert on other invasive species, and it was suggested that he present information on the other invasive insects and animals mentioned previously, as well as, Cane Toads. The HOA representatives believed that a presentation from an expert would help the Master understand what may be entailed in a treatment program and assist them in determining a budget line item for this issue.

REMOTE CONNECTION was lost at 8:15 a.m. and returned at 8:19 a.m.

B. Fountain Surge Protection Proposal

Burgess Brandt recommended the installation of surge protection and phase loss protection to both fountains in the electrical engineer report, which was presented a few months ago. Field Manager Pepin provided a proposal, which was included in the packet, from West Coast Electrical for installing surge protection for $750. It was noted that the phase loss protection for both fountains was originally completed by West Coast Electrical, per a proposal signed at the August meeting.  The Board approved this proposal.

C. Fountain Pump and Motor Replacement Lake 8: Ratification

Staff checked the minutes, and the Board did not officially vote on this proposal, as was previously thought, although there was positive discussion, and Chair Whitten signed the proposal several months ago. The fountain is scheduled to be repaired and turned on October 1^st. This proposal was ratified via motion.

Supervisor Anderson asked for an update on potential reimbursement from FPL for damages to the CDD equipment. Client Services Manager Dudak noted that, after reaching out to FPL via Joney Kelly and Greg Kriesch, he was informed that FPL had relayed this to their subcontractor, Mastec, who did the work and was implicated by the hold-harmless clause with FPL. FPL stated they would forward the CDD invoices and damages information to Mastec and ask them to contact staff.

D. Proposal to Televise Pipe from Lake 22 into the Preserve

Supervisor Switzer asked at the last meeting for staff to look at the flow of water in Lakes 14, 20 and 21 and the preserve, for any issues. Field Manager Pepin noted that these lakes drain into Wetland E, which is on the south side of Tiger Palm Way, through a single 36” drainpipe from Lake 21. He stated that, if there is any blockage, it is most likely in this pipe that drains into the preserve.  He sourced a proposal from MRI to televise this line to discover any blockages that might need to be addressed. The proposal came in at $1,800. 

Supervisor Switzer clarified that his request was to have Field Manager Pepin visually inspect the outflow from that pipe into the Wetland E, and to determine if there is decent flow and/or if there is vegetation pile up. This item was tabled, and Field Manager Pepin will be asked to investigate after a rain event and report back.

A. Iguanas in Community Discussion

A letter Field Manager Pepin received from a resident was presented indicating the presence at their home of Green Iguanas, which is an invasive species. If the Board is interested, he stated that he can obtain a proposal from a trapper. After much discussion, Chair Whitten agreed to talk to the resident and examine the areas where it was seen, and report back to the Board. It was noted that the CDD cannot spend money for services on homeowner properties, but traps can be set on CDD properties and easements, if the Board so desires. The Board reiterated that Dr. Johnson will address this issue when he gives a presentation on Cane Toads and other invasive species.

B. 11143 Wine Palm Resident Vegetation Encroachment Removal Request

In the handouts was a homeowner request to cut and remove vegetation encroaching onto their property from the preserve, which has occurred over a period of years. However, Field Manager Pepin recalled that this vegetation has been there for a long period of time. He noted that the Master HOA also owns the parcel between the homeowner’s property and the CDD preserve, so he is unsure whose responsibility it is. It was noted that there is a partial fence there, but it is unknown if this borders the homeowner’s property or the Master’s property.  It was decided that Chair Whitten and Greg Kriesch will investigate and communicate their findings to Field Manager Pepin.

A. Current Field Management Report

Assistant District Manager reviewed several items from Field Manager Pepin’s report, and the following was discussed:

• Field Manager Pepin has noted aerator compressor issues on a number of lakes, which are being addressed. Aerators on Lakes L6 through L9 have been turned off due to construction of the lodge.
• He stated that the exposed geo tube sod covering on Lakes 8, L3, L4, and L17 will be repaired when the water recedes. The washout repairs on Lake 2 are nearing completion. The bank was repaired from the recent washout on the Sabal Golf Course adjacent to Lake L3, but silt still needs to be removed from the lake.
• Field Manager Pepin reported that the trail camera on the Lake L6 outfall is functioning well, and it has captured 20 to 25 trespassers. Chair Whitten stated that he has made multiple trips to the area from the notifications he receives, and his visits and the signage have seemed to help.
• He stated that the resident at 7930 Tiger Palm Way still has not removed the Bougainvillea against the fence.
• He reported that some microsurfacing has failed on Wine Palm Road, but milling and repaving is scheduled after the lodge construction is complete.
• Chair Whitten is concerned about the extensive treatment of water lettuce, which has killed some spike rush, as indicated on page 2 of report. He would like Pristine Lakes to avoid overspray of the littorals. Additionally, the Board wondered if the semi-annual preserve treatments include water lettuce and Salvinia, noting that it is growing out of the preserve. If these are invasives that will be sprayed, they want to ensure that it is addressed by the contractor at the next event in November.
• Supervisor Switzer wondered if the aerator issues are being noted by Field Manager Pepin or by the contractor Premier Lakes. Chair Whitten reminded the Board that aerator inspections happen twice per year by contract, and they will also respond on an as needed basis to Field Manager Pepin when he informs them about the aerator issues they need to address.

B. Follow Up Items

i. Lake 2 Shoreline Repairs along Rip Rap

Field Manager Pepin noted that this should be 100% complete by September 20th, and it includes the additional drainpipes and sod. Also to be completed on September 20th are Pristine Lakes’ installation of 3 extra catch basins, and the tie in to one downspout that was causing an issue at the corner of a building in Verandas I, which the HOA approved Pristine Lakes to complete. The HOA is paying Pristine $200 directly to complete the tie in. Chair Whitten explained the history of the installation of the additional catch basins and the tie-in. He noted that Pristine Lakes caused some damage to sprinkler heads, and Gonzalo Ayres reported that they had completed the repair, which Chair Whitten will confirm.

ii. L-6: Wing Gate Repair

Field Manager Pepin has been unable to obtain a revised proposal from Eagle Fence, because communication from them has been very poor. He will contact another fence contractor for a proposal for the wing gate repairs and will add fence damage repairs for the fence holes on Wine Palm to the proposal. Chair Whitten suggested that, after the repairs are complete, more “No Trespassing” signs should be installed.

iii. Sod Repairs for Lakes 8, L-3, L-4 and L-17

Field Manager Pepin stated that this is pending for a few more weeks until the water recedes.

iv. Concrete Repairs for Sidewalks & Gutters

Field Manager Pepin noted that concrete work should be starting by the end of September. These sidewalk repairs were approved at the July Board meeting. Chair Whitten noted that a raised gutter pan had been repaired in the past, and there are no trees there, so he had questioned the cause. He is meeting with the contractor when they are onsite to complete the repairs. Chair Whitten noted that Phil Cooper in Heritage Palms Estates Enclave is impatient for the concrete repairs to his gutter to begin. Chair Whitten contacted Field Manager Pepin, and he stated that it is scheduled to begin at the end of the month.

v. Pressure Washer Scheduled for November

Field Manager Pepin confirmed that the pressure washing of sidewalks, curbs and gutters will be completed in November. The contractor informed him that he was planning to contact Chair Whitten to schedule a drive around with him later this month, so they can review his plan. There will be some soft washing with bleach and some pressure cleaning. Locations will be discussed during the drive around. Chair Whitten may talk to him about redoing the contract to add soft wash quarterly. For next year, he would like the Board to discuss soft washing more frequently, as well as, cleaning gutters more often.

vi. Lake 8 Fountain Pump and Motor Repairs

This was addressed earlier in the meeting under Agenda Item 7C.

A. FY 2024 Audit Engagement Letter

In the packet is the engagement letter to start the Audit preliminaries beginning in November. The cost is $3,600, which is in line with the proposal approved in 2023, including options for 2024 and 2025 at $3,500, $3,600 and $3,700 respectively. The Board authorized the Chair to sign the engagement letter for $3,600.

Dave Slovak asked who pays for alligator removal.  Chair Whitten stated that the Florida Wildlife Commission will remove them. Field Manager Pepin is possibly involved in calling a licensed trapper, when it is an adult or is considered a nuisance.

Supervisor Rawson asked about the letter he received from the Florida Department of State requesting his new oath and a $10 fee. It was reiterated that the Supervisors who are re-elected this year are required to file a new oath. This will be covered at the November meeting. Supervisors should submit a $10 filing fee check at that time.

Assistant District Manager Rainwater reminded the Board about its annual ethics training requirement, which should be completed before December 31, 2024.

Chair Whitten discussed armadillo issues he has experienced, and that he used pepper granules to run them off. A resident he knew had called a trapper, who charged $120 to set two traps and $60 each for the removal of trapped animals. Chair Whitten asked to add armadillos to the invasive species discussion with Dr. Johnson and the Master HOA.

Alyse Grohowski noted that she will attend more CDD meetings.

Supervisor Rawson left the meeting at 10:13 a.m.

George Smothers asked if Seminole Palm would be repaved at the same time that Wine Palm is repaved in May, and the Board confirmed this.

Chair Whitten noted that pressure washing cannot remove all mildew stains, but chemicals will prevent new growth. George Smothers stated that one previous year his association cleaned, stripped and sealed gutters in their neighborhood, but it failed to stop mold from growing.

The Next Regular Meeting is scheduled for October 28, 2024 at 8:00 a.m.