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Draft Meeting Minutes for April 24, 2023

Heritage Palms
Community Development District

The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, April 24, 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
Al O’Brien – Assistant Secretary
Bob Breisch – Assistant Secretary
Dennis Kane – Assistant Secretary

Also attending (or attending via web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Sam Marshall – Engineer, Banks Engineering
Chris Pepin – Field Manager, Community Field Services
George Smothers – Resident
Brian Anderson – 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, and the District Manager called the roll. All Board members were present. Also in attendance were Cal Teague, the District Manager, Sam Marshall, the Engineer, and Residents George Smothers, Brian Anderson, and Chuck Rawson. Attending via web conference was Chris Pepin, the Field Manager.

SECOND ORDER OF BUSINESS Approval of the Agenda

Item 9Bi. Change Sable to Sabal
Items 10B & C Move to 4Civ. & v.

On MOTION by Supervisor Kane, seconded by Supervisor Breisch, with all in favor, the Agenda was approved, as amended.

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

No Items were pulled.

B. Motion to Approve Consent Items

On MOTION by Supervisor Kane, seconded by Chair Whitten, with all in favor, the Board approved all items on the Consent Agenda, including a small correction to the March 27, 2023 meeting minutes.

C. Consent Items

i. Draft Regular Meeting Minutes for March 27, 2023

Lines 4 & 6 Remove Greg Urbancic as an attendee.

ii. Monthly Financial Report for March 2023

There was no discussion.

iii. FEMA Reimbursement Update

District Manager Teague submitted a handout with the latest project and invoice tracking spreadsheet. He reported that the damage inventory submitted to FEMA is now locked, and no more damages can be added for reimbursement. He also stated that staff continues to meet weekly with FEMA and the State.

iv. FYI: District Voter Count as of 4/15/2023

District Manager Teague presented the registered voters of the District, which is required by statute. The District has 1,391 registered voters as of 4/15/2023.

v. FY 2023 Audit Scope Letter

There was no discussion.

D. Consideration of items Pulled for Discussion

No Items were pulled.


There was no report from Attorney Greg Urbancic.


A. Roadway Milling & Paving Bid Specifications

Engineer Marshall distributed handouts and explained how the milling would be done on Heritage Palms Boulevard. He stated that there have been many layers of pavement applied over the years, and it is causing erosion in some areas. He commented that the coring of the current asphalt indicated that there was 2 ½ to 3 inches of existing asphalt, so he identified milling at 3”, and he stated that they will install the pavement level with the curb. He expects bids from three different contractors, and he stated that the bids will be below the mandated expense when bidding must be advertised. He estimates that the project will be complete in one week with another week allowed for weather events. He recommends paving beyond the crossings at the travel lane, and the Board requested that he obtain bids for both paving to the crossings and paving at the travel lane. The Board decided to give authorization and approval of the project to Chair Whitten, so it can be completed before the rainy season.

On MOTION by Supervisor Breisch, seconded by Supervisor Kane, with all in favor, the Board approved accepting a bid for milling and paving Heritage Palms Boulevard, with the approval and authorization of the Chair, not to exceed $195,000.


A. Proposal to Repair Hurricane-caused Fence Damages

There were documents in the packet, and Field Manager Pepin stated that he had received two proposals from Carter Fence for fence repair. The first quote is for repairing the damaged fences throughout the community at the cost of $63,863.08, and the second is for replacing the fence line between the irrigation pond and the property at 10681/10731 Bromley Lane at the cost of $14,541.06. He stated that they cannot begin for 4 months, so the repairs will probably require completion in stages. In response to Vice Chair Switzer’s question, the repair in the community will only be that which is hurricane related, and the area along the golf course where the ficus trees are growing through the fence is existing and will not be covered. District Manager Teague stated that the project of repairing damaged fences throughout the community will be submitted to FEMA for reimbursement.

Vice Chair Switzer asked Chris for estimates for removing the ficus trees and repairing the fence along the golf course.

The Board requested that George Smothers send an email blast to the community, informing them of the upcoming fence repair.

On MOTION by Chair Whitten, seconded by Vice Chair Switzer, with all in favor, the Board approved that Carter Fence will repair all the fences in the community damaged by the hurricane, not to exceed $63,863.08.

B. Proposal for Heritage Palms Estates Storm Drain Lines Cleaning

Field Manager Pepin stated that Sewer Viewer has completed the visual inspection, and they are finishing the reports. When the reports have been received, the areas to be cleaned will be identified, and estimates will be submitted by the next meeting.

C. Temporary Cane Toad Program Proposal

Chris stated that Community Field Services has developed a 13-week cane toad maintenance service plan. They will begin by placing the traps in either the most northern or most southern area, and they will move trap locations as they make their way through the entire community. He will distribute a report each month indicating the number of toads, if any, and the locations where they were found.

On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Board approved a 13-week cane toad maintenance program for placing cane toad traps throughout the community, not to exceed $1,300.

D. Crosswalk Discussion

There was discussion on locations for a crosswalk, which will be considered. Chair Whitten stated that the Board needs a written proposal from the HOA with sketches and exact locations, so they can make a decision.

E. 10731 Bromley Lane Fence Damages Update

Field Manager Pepin had received a proposal to replace the fence that the property owner damaged, which was $14,541.06. Shortly before the meeting, District Manager Teague stated that the owner has now been piling debris along the property line, so Code Enforcement was called, but they said a clearly marked property line needs to be established to determine if there is encroachment. Therefore, the Board asked Engineer Marshall to have the property staked. A letter prepared by Attorney Urbancic will be sent to the homeowner, including the proposal and the notice of a code violation. Code Enforcement of Lee County will receive a copy of the letter and will be informed that the area has been staked.

F. Shoreline Restoration Discussion

i. Updated Erosion Report from CFS

The Board had received copies of the maps, and they asked that the erosion maps better identify the washout areas and how many there are. Chair Whitten suggested that it would be advantageous for the Board to look at the area, because they want to begin the project as soon as possible.


A. Pond Watch 2022 Annual Report

Supervisor Breisch presented the Pond Watch report, and the results were discussed. He stated that he had received responses from 3 people, including Brian Anderson and Chuck Rawson, for assistance with the pond watch. Both have chemistry knowledge, and the 3rd person, Tom Lonergan, is an outdoorsman and very environmentally conscious. Supervisor Breisch had the Pond Watch report from the County, which has a lot of information, and he invited the Board to review it.

There was discussion on the locations where Supervisor Breisch retrieves the pond samples, and the reasons for selecting those sites. It was stated that the waterflow from Eagle Reserve and Watermark could affect the stormwater management system of Heritage Palms, and this was a factor when Supervisor Breisch chose locations for taking pond samples. Governmental regulation and reporting on the stormwater management systems of communities was reviewed and discussed. District Manager Teague stated that Heritage Palms has not received any citations, but there have been some red flags in regards to nutrient levels. Brine entered the water systems in many communities as a result of Hurricane Ian, and it was stated that Heritage Palms was fortunate that there was little effect on the salinity in the lakes and ponds. The Board requested a copy of the map of the Heritage Palms stormwater management system, and District Manager Teague stated that he would send it to them.


A. Current Field Management Report

Field Manager Pepin’s report was reviewed, and he stated that the torpedo grass along Eagle Reserve is being addressed by FloridAquatic.

Chair Whitten asked about the progress on the repair of the cut lines in the aeration system, and Chris stated that they are having difficulty finding a company to bid on boring a new line underneath the cart path on Lake 7.

Supervisor Breisch asked about the trail camera, and Chris stated that he had placed it near the fence for a month and then removed it when he had the information he needed.

Supervisor Breisch also asked if the issue of a homeowner removing water from Lake L-6 was resolved, and Chris said it was.

Chair Whitten asked about the paving outside the Penzance gate, and Chris stated that they are still waiting on its completion.

B. Follow-up Items

i. New Wing Gate Installation on Fence near Sabal 17

This was discussed at the last meeting, and the Board asked for a price for this addition. Field Manager Pepin reported that it was included in the fence damage proposal from Carter Fence. There were no objections to proceeding.

ii. Lake 8 Fountain Cable Replacement

Chris stated that they have run a new electrical line under the Lake 8 fountain, and the lights are working again. Premier Lakes had commented that they had found multiple puncture holes in both electrical lines for the fountain and the lights. They also discovered that this fountain needs a new motor, and they sent a proposal for $2,900 to have it replaced.

On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board approved the replacement of the motor on the fountain at Lake 8, not to exceed $2,900.

iii. Plantings around Stormwater Structure on Lake L-2

Chris stated that the plantings for Lake L-2 will be completed when there is more rain.

iv. Lake 14 Drainage Swale Update

District Manager Teague asked if the Lake 14 drainage swale project is scheduled for second week of May, and Chris stated that it is. Chair Whitten stated that he had placed a stake in the swale to ensure that the elevation is lowered properly, thereby addressing the flooding issue. Chris stated that they will compare it with Engineer Marshall’s measurements, and District Manager Teague stated that he will ask Engineer Marshall to verify the measurements.

Chair Whitten asked where the soil will be distributed, and Chris stated that it will be at the irrigation pond where the other dirt pile is located. Chris also stated that they could use the soil for the shoreline to the left of the rip rap.


A. Draft of Proposed FY 2024 Budget

District Manager Teague presented the proposed Budget, and stated that the Draft Budget indicates no increase in assessments. He reviewed some of the items that are being submitted to FEMA for reimbursement. He stated that if they want to increase assessments, they must do so by June 15th. He stated that the tentative Budget will be approved at the May meeting, a public hearing will be scheduled, and the Budget will be adopted at the August meeting.

Supervisor Breisch asked about how the figures on items in the FEMA reimbursement request are different from those in the financials, and District Manager Teague explained how they correlate. Supervisor Breisch asked if they could wait to complete projects until they know how much the FEMA reimbursement will be, and District Manager Teague stated that they could wait until the 2025 fiscal year. There was discussion on the expenses from hurricane damage, and District Manager Teague stated that they are in good shape financially, and the funds for needed projects are available. He stated that they will hopefully receive reimbursement in the 2023-2024 fiscal year.


There was no H.O.A. report.

Chair Whitten stated that he had been questioned about the reason why the manhole covers are sinking. Vice Chair Switzer stated that they will be leveled when the roadways are repaved, and if anyone would like a sunken manhole cover addressed, they can submit a request to the Board.

Chair Whitten also asked George Smothers if the HOA Board had discussed the sidewalk at Washingtonia and Butterfly.

TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments

Supervisor Breisch wondered if the March meeting date could be changed, because of the conflict between the annual HOA meeting and the Board of Supervisors meeting, and there seemed to be no interest in changing.


George Smothers asked how residents should report uneven manhole covers.


On MOTION by Supervisor Kane, seconded by Vice Chair Switzer, with all in favor, the Board agreed to adjourn at 10:18 a.m.

The Next Regular Meeting: May 22, 2023 at 8:00 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair