Meeting Minutes for March 27, 2023
Community Development District
The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, March 27, 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
Also attending (or attending via web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Sam Marshall – Engineer, Banks Engineering
Greg Urbancic – Attorney, Coleman, Yovanovich, and Koester, PA
Jody Biebier – 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, except Supervisor O’Brien. Also in attendance were Cal Teague, the District Manager, Sam Marshall, the Engineer, and Jody Biebier, Resident. Attending via web conference was Greg Urbancic, the Attorney.
SECOND ORDER OF BUSINESS Approval of the Agenda
On MOTION by Supervisor Kane, seconded by Vice Chair Switzer, with all in favor, the Agenda was approved, as submitted.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on Agenda items.
FOURTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled from Consent Section for Discussion by the Board
Pull Item 4Ci Draft Regular Meeting Minutes
B. Motion to Approve Consent Agenda
On MOTION by Supervisor Kane, seconded by Vice Chair Switzer, with all in favor, the Board approved all items on the Consent Agenda, except 4Ci.
C. Consent Items
i. Draft Regular Meeting Minutes for February 27, 2023
ii. Monthly Financial Report for February 2023
iii. FEMA Reimbursement Update
D. Consideration of items Pulled for Discussion
Item 4Ci Draft Regular Meeting Minutes for February 27, 2023
Line 30 Change “Lake L-18” to “Lake 8”
On MOTION by Vice Chair Switzer, seconded by Chair Whitten, with all in favor, the Draft Meeting Minutes for February 27, 2023 were approved, as amended.
FIFTH ORDER OF BUSINESS Attorney
A. Opinion on the Possible Need for Rule-change or Resolution for Board Decision to Allow No New Fountains on Community Lakes
The Board reviewed Attorney Urbancic’s Resolution.
i. Resolution 2023-03
Chair Whitten requested the addition of “WHEREAS, the District has an interest to maintain the natural beauty of the lakes”.
Supervisor Breisch requested the addition in Section 1 “will not ‘allow the’ purchase” and change “future” to “additional”
On MOTION by Supervisor Kane, seconded by Supervisor Breisch, with all in favor, the Board approved Resolution 2023-03,as amended.
B. 10731 Bromley Lane Fence Damages Agreement
Supervisor Breisch expressed his concern that anyone other than the CDD erect a fence on CDD property, and it was discussed. The Board determined that an agreement with the homeowner is required, stipulating that both properties are included, and a licensed and E-Verified contractor is hired. If the homeowner selects a contractor other than the contractor that the CDD selects, the contract will be between the CDD and the contractor. The homeowner must submit this option within 15 days of receiving the estimate from the contractor, and the CDD will hire the contractor that the homeowner has selected, if all stipulations are met.
On MOTION by Supervisor Kane, seconded by Vice Chair Switzer, with all in favor, the Board approved the establishment of an agreement with the homeowner at 10731 Bromley Lane to replace a fence, stipulating a contract between the CDD and the homeowner’s contractor, if the CDD’s selected contractor is not hired, and with other stipulations approved by the Board. Engineer Marshall and Supervisor Breisch will approve the contract, and Chair Whitten is authorized to sign.
SIXTH ORDER OF BUSINESS Engineer
A. Roadway Inspection and Coring Samples Update
Engineer Marshall stated that the coring on Heritage Palms Boulevard has been completed, and he stated that there is sufficient asphalt to mill and overlay the road. Chair Whitten stated that he would like to ensure that the roadway will be level with the sewer caps, and Engineer Marshall stated that it will be. Sam is preparing the bid specifications, and the District will bid the project, with the expected completion by August. There was also discussion concerning the roadway repair of other areas of the community, with the area around Penzance as the first propriety, after Heritage Palms Boulevard is complete. Chair Whitten requested that Sam inspect and address the Washingtonia area.
B. Lake 14 Overflow Ditch Follow-Up
Engineer Marshall stated that Sanders Golf presented a proposal for $15,600 for the project, and Pristine Lakes submitted $12,500. There was concern that the bid from Pristine Lakes did not meet the design specifications.
On MOTION by Supervisor Kane, seconded by Vice Chair Switzer, with all in favor, the Board approved Lake 14 overflow ditch repair, with the field manager selecting the most comprehensive proposal, not to exceed $15,600, with the Chair’s authorization.
SEVENTH ORDER OF BUSINESS Old Business
A. Proposal to Repair Hurricane-caused Fence Damages
District Manager Teague stated that Carter Fence still needed to re-inspect over 30 areas, and its completion is scheduled for this week. Repair of the fencing in the near future, the costs, and the manner of FEMA reimbursement were discussed. District Manager Teague will present a proposal at the next meeting.
B. Proposal for New Aerator Maintenance Contract
Field Manager Pepin listed the aerators that Premier Lakes has recently installed as the current contractor has been unresponsive.
i. Premier Lakes submitted $5,400 for an annual contract, with maintenance completed semi-annually.
ii. Pristine Lakes submitted $3,510 for an annual contract, with maintenance performed semi-annually.
On MOTION by Supervisor Kane, seconded by Vice Chair Switzer, with all in favor, the Board awarded Premier Lakes the contract for aerator maintenance for $5,400.
C. Proposal for New Fountain Maintenance Contract
i. Premier Lakes submitted $900 for an annual contract, with maintenance completed semi-annually.
ii. Pristine Lakes submitted $1,100 for an annual contract, with maintenance performed semi-annually.
Premier Lakes’ proposal for aerator and fountain maintenance totals $6,300.
Pristine Lakes’ proposal for aerator and fountain maintenance is$4,610.
On MOTION by Supervisor Kane, seconded by Vice Chair Switzer, with all in favor, the Board awarded Premier Lakes the contract for fountain maintenance for $900.
D. Proposal for Plantings around Stormwater Structure on Lake L-2
District Manager Teague stated that Premier Lakes had submitted a proposal for $4,500, which had been approved and returned to the contractor. The Board understands that the plants will not be installed until the littoral company believes it is a favorable time to plant.
On MOTION by Vice Chair Switzer, seconded by Supervisor Kane, with all in favor, the Board ratified the contract specifying the costs of $4,500 for plantings on Lake L-2.
E. Proposal for Heritage Palms Estates Storm Drain Lines Cleaning
District Manager Teague stated that a contractor has not been found that would offer a desirable cost for cleaning. There was discussion on other areas that could be cleaned in the stormwater management system, and the issues that could be addressed.
F. New Proposal for Aerator Repairs
The proposal had been signed before the meeting. District Manager Teague commented that a second round of repairs is being identified and will be addressed.
EIGHTH ORDER OF BUSINESS New Business
A. Cane Toad Discussion
A resident, Jody Biebier, had noticed the presence of cane toads in the community, and she had brought her concern to Chair Whitten. She was present at the meeting, and there was discussion regarding this issue. District Manager Teague stated that Field Manager Pepin does monthly inspections and has set out traps to capture the cane toads in other communities and has treatment available for the tadpoles. District Manager Teague stated that Chris has only noticed 3 to 4 cane toads on Curry Palm over the past 2 years, and he provided an information sheet on cane toads, which can be distributed to the community. The Board requested a proposal from Chris for instituting a small program to set out 6 to 12 traps to determine if there is a large infestation or not.
B. Crosswalk Discussion
The Board had previously requested a proposal from the Safety Committee identifying their proposed locations for crosswalks, and Chair Whitten had received some photos, but he stated that this is not enough information. After discussion, Chair Whitten stated that he will contact Dale Pero and ask if there is any more information. The Board did not take any further action.
C. Shoreline Restoration Discussion & Proposal
District Manager Teague stated that Chris has completed approximately 75% of his reinspection of the erosion on the shorelines. At this point of his inspection, Chris had identified locations on Lakes L-4, 8 and 14 where the geo tube is exposed and the vertical drop has increased, and Pristine Lakes had submitted a proposal for the restoration of the shorelines on those lakes. They specifically proposed restoration of the entire shoreline behind the condos on Lake 14, but Chris stated that the cost could be lowered if they only restore the eastern half of the shoreline and, additionally, suspend the installation of all the catch basins. After discussion, the Board decided to delay any decisions until Chris has completed his report. Then a restoration plan can be developed, which would prioritize the restoration of the identified repairs and determine the repairs to be completed in the future.
D. Midge Fly Treatments Discussion for Lake 8 & Proposal
Field Manager Pepin reported that he had received complaints from homeowners about the increase of midge flies, and Aqua Preserves had submitted a proposal for $3,300 to treat them. The Board felt that this is not a significant issue, and they will wait to take action until it becomes an issue.
NINTH ORDER OF BUSINESS Field Manager
A. Current Field Management Report
Field Manager Pepin’s report was reviewed and it was determined that most of the issues had been covered previously in the meeting.
B. Follow-up Items
i. New Wing Gate Installation on Fence near Sabal 17
Carter Fence is looking at this location and will prepare a proposal.
TENTH ORDER OF BUSINESS District Manager
A. FY 2024 Budget Goals and Objectives
District Manager Teague stated that the Draft Budget will be submitted before the packet for next meeting is distributed, and he requested the Board to send him any other goals or objectives.
ELEVENTH ORDER OF BUSINESS H.O.A. Report
There was no H.O.A. report.
TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments
Supervisor Breisch stated that he had attended the Hyacinth Control meeting, and other communities that were affected by the surge reported that they had seen the excessive infiltration of brine into their ponds. He noted that he was not knowledgeable about the environmental issues in ponds that were discussed, and he sees the need for input from someone in the community with expertise in water quality. After discussion, it was suggested that the selection of someone with an environmental background be considered when there is a Board vacancy.
He also commented that there is an overflow that is filled with rock where the tiki hut is proposed to be installed, and he wondered if filling in the overflow for the proposed parking lot affects the stormwater management system.
THIRTEENTH ORDER OF BUSINESS Audience Comments
There were no Audience comments.
FOURTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Kane, seconded by Vice Chair Switzer, with all in favor, the Board agreed to adjourn at 11:17 a.m.
The Next Regular Meeting: April 24, 2023 at 8:00 a.m.