Draft Meeting Minutes for August 26, 2024
Heritage Palms Community Development District
The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, August 26, 2024 at 8:03 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
Attending remotely:
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
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.
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order at 8:03 a.m., and District Manager Teague called the roll. Three Board members were present, and Supervisor Anderson attended remotely. Also in attendance were Cal Teague, the District Manager, Mandie Rainwater, Assistant District Manager, Sam Marshall, the Engineer, and George Smothers, Resident. Attending remotely were Dave Slovak of the HOA, and Christopher Dudak, the Client Services Manager.
On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Board approved Supervisor Anderson’s attendance remotely.
SECOND ORDER OF BUSINESS Approval of the Agenda
An Amended Agenda was forwarded in Additional Materials to add 10C Concrete Repair Proposal for Sidewalks & Gutters
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board approved the Amended Agenda, as amended.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on Agenda items.
FOURTH ORDER OF BUSINESS Fiscal Year 2024-2025 Budget Public Hearing
A. Presentation of Final Budget
District Manager Teague presented the Proposed Budget that had been approved on May 20, 2024, and stated that there is no increase in assessments, and the estimated fund balance will be $1.2 million at the end of September.
B. Public Comment
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Budget Public Hearing was opened at 8:05 a.m.
District Manager Teague asked if there were any public comments.
George Smothers stated that he believed the District’s Budget has not been increased in years, despite the increase in inflation. He stated that he believes that the roads are in rough shape, as was also indicated by numerous comments on the recent community survey, and he believes that work on the aging infrastructure should be budgeted. The Board asked him about the HOA shielding the comments on the survey it had received, and Mr. Smothers stated that they are available upon request from Carol Jablonski or Tracey Irons-Izzo. Dave Slovak responded to questions about the recent HOA survey, stating that many resident comments have been significantly more negative than expected, so Miss Jablonski and Miss Irons Izzo have not posted them. They have stated they will address them at the October meeting. He recommended that the Board read the comments.
Chair Whitten explained that when rates were raised several years ago, the Board had made an extensive comparison of various amounts for potentially raising assessments and to determine how much could be collected for future paving needs. District Manager Teague noted that the Budget has over $100,000 in roadway improvements, and potentially over one million for road repairs, if money were moved from other line items. District Manager Teague also noted that a roadway repaving plan is being developed.
Mr. Smothers commented on the drainage outfall at the big lake, and stated that the Board should consider removing the rocks in the overflow of Lake 14 and replacing them with a concrete flow way. He stated that the rocks are higher in the middle of the slope. Chair Whitten did not agree and had stated that he had measured their height in comparison to the control elevation. District Manager Teague added that the spillway change to all concrete would need an LDO, and the rocks are only to prevent erosion. Chair Whitten suggested that the Board should maintain it to keep dirt and weeds out. District Manager Teague stated that he will ask Field Manager Pepin to begin routine maintenance on this spillway. Engineer Marshall noted that the overflow pipe outfall should also be maintained.
Vice Chair Switzer stated that the area of Lakes 14, 20 & 21 and the preserve should be inspected, and he believes there may be build up or flow issues. Engineer Marshall believes Field Manager Pepin could follow the spillway path, at some point, through the preserves to determine if there is a build up, noting that it would be an extensive process.
Dave Slovak stated that many commented in the community survey that the sidewalks are dirty and uneven in many places. Vice Chair Switzer noted that the CDD has regular inspections and grinds down all uneven areas that are above ½ inch.
Mr. Smothers stated that HOA and CDD moneys are essentially the same, and so there are no “HOA issues” vs. “CDD issues.” The Board took exception, noting, as an example, its history with the Cane Toad issue, and how it had continually requested a joint effort with the HOA, only to receive a negative response from Ms. Irons Izzo as a CDD issue only. The Board believed that this is because the HOA did not have the budget for this. Mr. Slovak noted that the HOA is working on its 2025 plan now, and he would like to promote an idea of a 50/50 cost share between the HOA and CDD for joint concerns. Supervisor Breisch noted that the CDD’s Budget item of $2,500 is preliminary, and that the large community of Bonita Bay’s annual outlay for the Cane Toad problem is $77,000 each year for an outside contractor.
Chair Whitten ended the discussion on Cane Toads in order to return to the public hearing on the Budget discussion.
Vice Chair Switzer ended with the comment that the Board is very confident that it will have enough increase in reserves to address all road issues in the future. District Manager Teague noted that the Board could also borrow money for roads, if needed.
On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Board closed the Budget Public Hearing at 8:35 a.m.
C. Resolution 2024-05: Adopt FY 2024-2025 Budget Appropriation
On MOTION by Vice Chair Switzer, seconded by Supervisor Anderson, with all in favor, the Board approved Resolution 2024-05, adopting the Fiscal Year 2024-2025 Budget.
FIFTH ORDER OF BUSINESS Fiscal Year 2024-2025 O & M Assessment Public Hearing
A. Presentation of Assessment Rates
The assessment rates were included in the packet. District Manager Teague stated that he had a copy of the Assessment Roll for anyone who desires to review it.
B. Public Comment
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Assessment Public Hearing was opened at 8:38 a.m.
There were no Public Comments.
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board closed the Assessment Public Hearing at 8:39 a.m.
C. Resolution 2024-06: Approve FY 2024-2025 Assessments Levy
On MOTION by Supervisor Anderson, seconded by Vice Chair Switzer, with all in favor, the Board approved Resolution 2024-06, approving the Fiscal Year 2024-2025 assessments levy.
SIXTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled from Consent Section for Discussion by the Board
Vice Chair Switzer pulled the Financial Report for discussion.
B. Motion to Approve Consent Items
On MOTION by Chair Whitten, seconded by Vice Chair Switzer, with all in favor, the Board approved all items on the Consent Agenda, except 6Cii Financial Report.
C. Consent Items
i. Draft Regular Meeting Minutes for July 22, 2024
ii. Financial Report for July 2024
iii. FEMA Appeals
D. Consideration of Items Pulled for Discussion
District Manager Teague stated that the District is 100% collected, and is still receiving over 5% interest, or approximately $50,000 per year. He noted that road improvements completed this year have already been paid. Vice Chair Switzer asked if needed money will be pulled from reserves, and District Manager Teague confirmed this. The Financials were approved as presented.
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board approved 6Cii Financial Report.
SEVENTH ORDER OF BUSINESS Attorney
A. Halperin Fence Repair Legal Pursuit
District Manager Teague reported that Mr. Halperin has accepted the offer to settle for $12,000. Litigator Alex Figares is currently preparing the settlement agreement. The Board noted that, despite the unrecoverable costs in legal fees, and the time spent, it was happy with this outcome.
EIGHTH ORDER OF BUSINESS Engineer
A. Paving Project Plan for Wine Palm and Seminole
Engineer Marshall stated that he is currently drafting the plan to submit to the City, including Seminole Palm all the way to the cul-de-sac, and the plan will be submitted before September. He noted that the timing of the work is affected by heavy truck traffic in the area from the ongoing Lodge construction.
NINTH ORDER OF BUSINESS Old Business
A. Cane Toad Preventive Program
Supervisor Anderson presented an update on his Cane Toad research. He contacted Dr. Stephen Johnson of the University of Florida, who stated that manual removal of tadpoles and Cane Toads is the only option. Australians have used Bufotoxin to attract tadpoles into the traps, but this is not available in the U.S. He thought Bonita Bay’s plan is the best to emulate, which is sending people out once every week or two with nets to harvest tadpoles and adults and around the perimeter of the lakes. District Manager Teague suggested that Greg Kreisch’s crew could possibly perform this task, since they are working in those areas at the best times for collection.
Supervisor Breisch asked Dave Slovak to continue to encourage the HOA to have a line item on the HOA budget for Cane Toad removal, and Mr. Slovak acknowledged this.
B. Fountain Surge and Phase Loss Updates / Lake 22 Proposal
Field Manager Pepin noted that phase loss has been installed on both fountains, and he is still waiting for the proposal for the upgraded items for Lake 22. The Board stated that the Lake 8 fountain pump and motor can now be replaced, and turned on October 1st.
TENTH ORDER OF BUSINESS New Business
A. New Proposal for Grass Carp to Treat Algae on Lake 8
Field Manager Pepin noted that Gonzalo Ayres mentioned that he will add Carp at no cost to the CDD. He installed 50 Grass Carp on August 23rd.
Vice Chair Switzer’s neighbor has extra Koi and has offered to donate them for use in other ponds. The Board decided that they are not needed.
B. Hurricane Cleanup Preauthorizations
Two proposals were included in the packet authorizing Pristine Lakes and Wetlands and Community Field Services to perform hurricane cleanup with costs and services provided. Chair Whitten was authorized to sign, and Field Manager Pepin will contact whomever is most responsive at the time. Field Manager Pepin will also manage the CDD cleanup needs.
On MOTION by Supervisor Breisch, seconded by Supervisor Anderson, with all in favor, the Board authorized Pristine Lakes and Wetlands and Community Field Services to perform hurricane cleanup with costs and services provided, upon the signature of the Chair, and under the direction of Field Manager Pepin.
C. Concrete Repair Proposal for Sidewalks & Gutters
Field Manager Pepin stated that he obtained a concrete repair proposal to address the uplifted gutter in front of 11114 Sierra Palm Court and a few other locations that he felt needed new concrete. The total cost is $6,275. Creative Path is doing some work for Greg Kriesch in September and early November and would like to coordinate this project with them at the same time.
The Board approved this project, with the addition of a section at 8008 Tiger Palm, increasing the cost. Chair Whitten asked to meet with the contractor when he comes to evaluate the area.
On MOTION by Chair Whitten, seconded by Supervisor Breisch, with all in favor, the Board approved uplifting gutter at 11114 Sierra Palm Court and 8008 Tiger Palm and other specified locations, not to exceed $7,000.
ELEVENTH ORDER OF BUSINESS Field Manager
A. Current Field Management Report
The following was discussed from Field Manager Pepin’s report:
Chair Whitten would like to know if the power is back on at the Tiki Bar so mufflers can be installed. District Manager Teague will follow up.
Chair Whitten relayed that he was talking with the pressure washer, who would like the CDD to clean more than once a year. They do not scrub but spray chemicals. Field Manager Pepin believes chemicals are more effective than scrubbing, especially if they are treated multiple times a year. The Board would like the pressure washer scheduled for November.
B. Follow Up Items
i. Lake 2 Shoreline Repairs along Rip Rap
Field Manager Pepin stated that the Lake 2 shoreline repairs will be completed in the near future. It has been difficult to find the right size of rip rap, because the rock yards have been running low on material.
ii. 7942 Tiger Palm and 7418 Heritage Palms Estates Tree Trimming
Field Manager Pepin stated that these trees have been cut down.
iii. L-6: Wing Gate Repair
Field Manager Pepin stated that Eagle Fence quoted $28,464 to install a fence around the water control structure and to replace the two existing fence arms with new ones. The proposal also includes running tension wire at the bottom of the existing fencing at this location, which will make it extremely difficult to lift up. If the Board desires, he can try to obtain a second estimate from Carter Fence.
The Board would like to put the wing gate back as it was, with stakes in the water on both sides, and a fence all the way across the weir. Chair Whitten requested the installation of “no fishing” signs in addition to the Fort Myers Police “no trespassing” signs. When the fence project is complete, he believes the Board should then hand responsibility back to the golf course to keep people out. Some of the young men who have been there stated that golf course staff have told them that they can fish there. He believes the HOA should be asked to tell the pro shop employees not to give permission to fish there.
Chair Whitten also noted that a resident was concerned about armadillos coming through a hole in a fence. He has already notified Field Manager Pepin to investigate.
iv. Sod Repairs for Lakes 8, L-3, L-4 and L-17
Field Manager Pepin reported that this project is delayed until the water recedes. The anticipated start time is late September or early October.
TWELFTH ORDER OF BUSINESS District Manager
A. Goals, Objectives, and Measures Annual Reporting Draft
i. Resolution 2024-07 to Adopt Goals Document
This was approved, and it will be posted to the website, as required by Florida Statutes, before 10-01-2024.
On MOTION by Supervisor Breisch, seconded by Chair Whitten, with all in favor, the Board approved Resolution 2024-07, approving the goals, objectives, and measures document.
B.FY 2024-2025 Meeting Schedule
The approved meeting schedule is the 4th Monday of each month at 8:00 a.m., except as noted below:
- Monday, October 28, 2024
- Monday, November 18, 2024 (3rd Monday)
- Monday, December 16, 2024 (3rd Monday)
- Monday, January 27, 2025
- Monday, February 24, 2025
- Monday, March 24, 2025
- Monday, April 28, 2025
- Monday, May 19, 2025 (3rd Monday)
- Monday, June 23, 2025
- Monday, July 28, 2025
- Monday, August 25, 2025
- Monday, September 22, 2025
i. Resolution 2024-08 to Adopt FY 2025 Meeting Schedule
On MOTION by Vice Chair Switzer, seconded by Supervisor Anderson, with all in favor, the Board approved Resolution 2024-08, adopting the Fiscal Year 2025 meeting schedule.
THIRTEENTH ORDER OF BUSINESS H.O.A. Report
There was no HOA report.
FOURTEENTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments
There were no Supervisor reports, requests, or comments.
FIFTEENTH ORDER OF BUSINESS Audience Comments
There were no Audience comments.