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Draft Meeting Minutes for May 24, 2021

Heritage Palms
Community Development District

The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, May 24, 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 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
Nancy Dudak – PDM
Dave Lionett – Resident
George Smothers – 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. Sam Marshall, the Engineer, Chris Pepin, the Field Manager and Nancy Dudak from PDM were also in attendance. Christopher Dudak attended via web conference.

SECOND ORDER OF BUSINESS Approval of the Agenda

The Board reviewed the Agenda.

On MOTION by Supervisor Lubozynski, 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 being none, the next Order of Business followed.

FOURTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for April 26, 2021

The Board reviewed the Minutes from the April 26, 2021 meeting.

On MOTION by Supervisor Lubozynski, seconded by Vice Chair Switzer, with all in favor, the Meeting Minutes for April 26, 2021 were approved as submitted.


The Attorney did not submit a report, but there is legislation that the Attorney is following, according to the District Manager. There was a discussion about a land transfer that was never completed concerning Bismark and Butterfly because the HOAs did not want to transfer the property at that time. The Board wants to discuss this item at the next meeting.


A. Canals Dredging

The Engineer said that he and the Field Manager met with a contractor to inspect the canals. They determined that they were satisfactory, except for one minor area that has a buildup of silt. They determined that the costs to correct such a small area would be prohibitive at this time and it does not affect functionality. He recommended another inspection next year.

B. Filling-in Lake 6 Feasibility

The Engineer spoke with the South Florida Water Management District and they were not opposed to anything the CDD would submit for the permit modification. As long as it is not going to degrade water quality or diminish the attenuation, or affect retention capacity, they did not have an issue. They have to review the application. The Engineer also said it would be difficult and expensive to fill the area, and they would have to determine where the fill trucks could access the property. He also said that the Attorney will have to determine if the CDD can transfer ownership to a private entity such as the HOA. He recommended that a geotechnical engineer determine what type of material can be used.

The District Manager said he will send information from the Engineer to the Attorney to make a determination about conveyance of that property.

C. Eagle Reserve Construction Garbage in Lake 30

The Engineer has been working with Wes Anderson, an environmental analyst and code enforcer for the City of Ft. Myers, to get the area cleaned up. He said the City is being pro-active in getting it done and asked the Board to send him pictures of construction debris being left behind so he can forward them to the City.

D. NPDES Permit – Audit 2023 – Education on Website

The Engineer also commented that as co-permittees on the NPDES permit, he is working on this year’s annual report. This past year, four communities were audited, two of them CDDs. One was cited for educational outreach and one for Standard Operating Procedures for inspections. He said that Heritage Palms will be audited in 2023. He stressed that evaluate their training and public information messaging. The District Manager said that they can add a link on the website for educational purposes.


A. August 9 Budget Public Hearing Conflict Discussion

The District Manager said he has two Public Hearings at the same time and asked if the date could be changed so he can attend both. The Board discussed changing the August 9 meeting to August 10.

On MOTION by Supervisor Lubozynski, seconded by Supervisor Breisch, with all in favor, the Board approved changing the Public Hearing from August 9, 2021 to August 10, 2021 at 8 a.m..


A. New Fence Estimate for Casa Del Lago Preserve Area

An estimate from Sunstate Fence came in at $25,952.40 to install 1,390 feet of 6’ commercial black chain-link fence. The Field Manager also reported that he had contacted other fence contractors, but they all reported that they are too busy or short-staffed. The Chair commented that he walked the area and questioned if a fence was necessary. The Board agreed that they will check the area to determine if a fence is needed. Supervisor Breisch said that a fence was needed in a particular area where he had walked. They will ask the Field Manager to get a proposal for fencing to prevent entry at that location.

B. Repair Estimates for Existing Perimeter and Preserve Fences

The Field Manager submitted several proposals to address fencing issues he observed during his last vegetation maintenance event. He logged the damaged areas and rated them from highest priority to lowest. The Board asked for new proposals for Tiger Palm and for Seminole Way with the option of replacing just the posts. The Board asked if this can be on the next Agenda to give them time to walk the area. All of these are being eliminated, with the exception of two new proposals. The following were several of the proposals:

  • Estimate 18121 has 390’ feet of fence rusted out and the proposal includes fence posts that need to be replaced. Some of these areas are completely rusted out and the fence is being held up by the top rails. Rusted out areas are the older posts only and not the ones that we replaced a year or so ago.
  • Estimate 18120: Multiple fence posts are rusted out along the fence line.
  • Estimate 18127: Lowest priority as he thinks they can get another year or so out of the fence. This proposal is to remove and replace the fence. Estimate 18119 is to just remove it as an alternative option.


A. Field Report for May

The Board discussed the Field Manager’s monthly report.

  • The Chair stated that one of the fountains is down near the #1 tee box. An electrician is going to check it out.
  • Lake 3 and 10 have algae issues.
  • Torpedo grass has been identified in C7.
  • The Chair asked about a weed called “Florida Snow” or Pusley that is present around a lot of the lakes. He said it is invasive. The District Manager said he will have Mr. Ayers look at it.
  • There are two dead trees that need to be removed.
  • The CDD hog fence that was damaged while clearing for the new fire station is still intact.
  • The Board agreed that the higher branches that are overhanging at residential yards behind 11143, 11149, 11166, 11174, 11251 through 11305 Wine Palm Road need to be trimmed to allow more sunlight for the sod.
  • Silt needs to be removed from the water control inlet on Lake L-17.
  • The Board agreed to allow the vegetation cut down by FPL to decompose to avoid the expense of removal.
  • The drain pipe or bubbler behind the Guardhouse seems to be sinking and the District Manager said MRI can check it for leaks. The Board wants to leave it as is for now but to continue to monitor it.

B. Follow-Up Items

i. Sidewalk Grinding

The Field Manager reported that this task was completed.

ii. Annual Cleanup C-7 & C-15

This was completed, also.

iii. Fire Station #7 Fence Repair Update

The Field Manager reported that there were no visual updates during his last field inspection, except the hog fence update that was previously mentioned.

iv. Midge Fly Treatments Update

Chemical treatments were completed last month. The Field Manager reported that he saw flies at the fishing pier. He reported that they were less abundant, but there was a very high presence of flies around the condo buildings on the western side of the lake .

v. Rip Rap Around Catch Basin at Lodge Update

This is scheduled to be completed at the end of the month.

vi. Dead Pine Tree & Oak Branch Trimming Preserve at 7406 Heritage Palms Estates Drive

This was completed.

vii. Lake L-11 Aerator Repair

Solitude is expected to do this at the end of the month.

viii. Rusted Aerator Valve Repairs

A proposal was signed and returned to Solitude for completion by the end of the month.


A. Financial Statements for April 2021

The District Manager reviewed the April financials with the Board and answered their questions.

On MOTION by Chair Whitten, seconded by Supervisor O’Brien, with all in favor, the Board accepted the April 2021 financials as presented.

B. Fiscal Year 2022 Budget Set Public Hearing: Resolution 2021-02

The District Manager explained the resolution that sets the Public Hearing. There are no increases in assessments in the tentative budget.

On MOTION by Supervisor Breisch, seconded by Supervisor O’Brien, with all in favor, the Board adopted Resolution 2021-02 with the Public Hearing being set for August 10 at 8 a.m.


The Board commented on the Penzance Road improvements that include a taller fence at the rear gate. The Royal #3 Bulkhead is being delayed as the costs have escalated over $100,000. They also reported that they are seeking a new General Manager as the current one has taken a position at another community.

TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests & Comments

  • The Chair mentioned the weeds on the bulkheads, and said the discharge pipes from the golf course on Lakes 24 and 26 are exposed. The District Manager suggested concrete collars or stones to hold them down.
  • The rough road at the entry to the Lodge was mentioned by Supervisor O’Brien. It was stated that the damaged plates in the road were removed and the situation is being addressed.


  • Dave Lionott commented on sidewalk maintenance. He was told that the Field Manager grinds sidewalk breaks that are more than 1/2″. He also mentioned ideas to restrict unauthorized entry into the community.
  • George Smothers inquired about replacing aerators with additional fountains in some of the lakes. The District Manager stated that aerators are ultimately more expensive and the Chair said that fountains do not improve the quality of the water. The Vice Chair also said that they do not replace bubblers with fountains either. The Chair suggested that a neighborhood HOA can install fountains at their cost.


There being no further Order of Business and,

On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the meeting was adjourned at 10:13 a.m.

Next Meeting: June 28, 2021 at 8 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair