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Draft Meeting Minutes for February 27, 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, February 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

Also attending (or by web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Sam Marshall – Engineer, Banks Engineering
Chris Pepin – Field Manager, Community Field Services
Tim Farrell – FloridAquatics
Mike King – FloridAquatics

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 Supervisors Kane and O’Brien. Also in attendance were Cal Teague, the District Manager, Sam Marshall, the Engineer, Tim Farrell and Mike King from FloridAquatics, and Nita Janowiak, Fred Smith, Roger Kluzak, and George Smothers, Residents. Attending via web conference was Chris Pepin, the Field Manager.

SECOND ORDER OF BUSINESS Approval of the Agenda

On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, 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. There were comments on Agenda item 8B later in the meeting.

FOURTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for January 23, 2023

On MOTION by Vice Chair Switzer, seconded by Chair Worthington, with all in favor, the Draft Meeting Minutes for January 23, 2023 were approved, as submitted.


There was no report from Attorney Urbancic.


A. Roadway Inspection Update

Engineer Marshall stated that Universal Testing is prepared to do corings on the entry road, so the bid information for the paving can be completed. The Board also agreed that 6 corings will be sufficient, and they would like it completed as soon as possible.

B. Lake 14 Overflow Ditch Follow-up

Engineer Marshall stated that he had spoken with Chad from Sanders Golf, and he said he is waiting for the price for rip rap, and that his proposal will be complete by the end of the week. He is aware that the Board would like this project completed prior to the rainy season. Sam stated that he will ensure that a filter material is used with any rip rap.


A. Fence Damages

i. 10681/10731 Bromley Lane Fence Damages

The common fence between this property and Heritage Palms had been destroyed by the homeowner at this address. Engineer Marshall and Field Manager Pepin had met with Mr. Halperin, and he acknowledged his responsibility for the fence and proposed to fix the fence himself. Sam and Chris informed him that he had to use an insured and licensed fence contractor, and Chris will obtain a quote from the contractor that the CDD is using for an alternate bid for Mr. Halperin. After discussion, it was decided that an agreement between the CDD and Mr. Halperin will be drawn up, which will outline how and when the repairs will be completed. If he is not compliant with the agreement, they will refer it to the attorney and to code enforcement with the City, if necessary.

ii. Hurricane Damages Estimates/Bids

Field Manager Pepin reported that most of the debris has been picked up and disposed of, including the vegetation along Canal C-15. He stated that there are still several dead branches that need to be picked up, and several trees need to be removed on Lake L-4. He will also be repairing storm damage on Lake L-18.

He reported that debris is now visible because the water levels are lower, and the Board agreed that he could have it removed.

Chris stated that Carter Fence has conducted their site survey, and he is waiting for their proposal, which should be available by the next meeting.

Vice Chair Switzer asked Chris how much lake bank erosion there is in the community, and Chris stated that there is a lot.

Chair Whitten asked if there is torn geo tubing on Lake L-21, and Chris stated that it is just exposed. Chair Whitten also noted torn geo tubing at Lake L-18, and the Board asked Chris to inspect all the geo tube damage in the community. Chris stated that he will do so.

B. Splitting-Out Aerator Maintenance Contract Discussion

Chris stated that he does not believe that Crystal Clear can handle the fountain maintenance. Their quoted prices were extremely high, and when he questioned this, they were lowered to more competitive prices. Premier Lakes completed the most recent projects that needed to be addressed, and Chris was happy with their responsiveness and their work. After discussion, the Board decided to terminate the contract with Crystal Clear, and they requested bids from Premier Lakes and Gonzalo for the next meeting. Premier Lakes will continue with fountain maintenance until a new company is hired.

On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Board approved the termination of the contract with Crystal Clear Fountains for fountain maintenance and will give them 30 days notice.


A. Semiannual Sidewalk Cleaning Proposal

Chris stated that after the pressure washing was complete, Triple Crown Pro-Wash submitted a proposal to treat the concrete every other month with a product that will prevent mold, algae, mildew and dirt build up on the concrete, eliminating the need for yearly pressure washing. After discussion, the Board decided to continue with yearly cleanings, and possibly consider the product in the future.

B. Resident Request for Plantings around Stormwater Structure on Lake L-2

Nita Janowiak, and her neighbors Fred Smith and Roger Kluzak asked that littorals be planted to hide the stormwater structure on Lake L-2 and beautify the area. She stated that there had previously been rock on the shoreline also, but the 2 recent hurricanes had washed it away. There was discussion on the types of littorals that could be planted and the specific area for their installation. After her presentation, the Board decided to have Field Manager Pepin obtain a proposal for plantings around the stormwater structure and also the shoreline opposite the homeowners’ property.

C. Meet Lake Maintenance Firm

Tim Farrell and Mike King from FloridAquatic introduced themselves as the new lake maintenance contractors, and they explained what the Board can expect from them. Mike reported that they have been removing weeds, which are minimal. They have seen an algae breakout recently, and Supervisor Breisch asked what they use to treat it. Mike stated that they treat it with copper sulfate. They have also seen planktonic algae in Lake L-8 and they will be treating it once a month. He recommended that aeration be installed in the lake. Mike stated that he had been approached by a resident, and he wondered if the Board would like him to answer residents’ questions. Chair Whitten stated that he can refer them to the CDD and state that he works for the District. The Board thanked them for their work and said that they are looking forward to working with them. The Board also told Mike and Tim that responsiveness is important.


Field Manager Pepin reviewed his report and the following was discussed and action taken:

A. Current Field Report

Chris stated that airlines had broken on several aerators, and this will be addressed in the recent work authorization for Premier Lakes. There was discussion on the reasons for airline breaks and the importance of preventative maintenance.

He stated that there are large branches on Lake L-4 that need to be removed, and this will be addressed. There is also debris visible on Lake 30 now that the water is receding.

Chris noted that sand is washing away the top of the geo filter tubes on Lake 8 and Lake L-4. District Manager Teague suggested that he get a proposal to have the area resodded. The Board asked Chris to inspect the lake banks and put together a plan for addressing the erosion.

He noted gravel on the roadway because of pool construction on Wine Palm, and the Board asked Chris to look at other roadway damage on Wine Palm.

Chris stated that the fence gate near the blue tee box on Sabal 17 is being breached by people from Eagle Reserve because of low water levels, which allows them to go around the gate. The Board agreed that Chris can install a wing gate or extension to prevent access, and he will get a proposal from Carter Fence. Supervisor Breisch suggested that a trail camera be installed and then ask them for payment for fixing the fence, and Chris stated that he will install a camera.

He stated that there had been two sections of the fence removed next to Lake L-6, and he thought it had been done by the Club. He will speak with Greg Kriesch to have it restored when their project is complete.

Chris noted that there was a lot of pine straw debris in catch basins, which will be addressed.

Chair Whitten asked about residents’ complaints about trees encroaching onto their property in the Enclave, and Chris stated that if they are leaning into the preserve, nothing can be done unless there is a safety issue.

Supervisor Breisch asked if the Board had approved the addition of more fountains in the community, and Vice Chair Switzer stated that they had not. It was stated that the Board had previously discussed that residents requesting fountains should pay for them to be installed. Supervisor Breisch wondered if the fountain issue should be included in the yearly survey which is distributed to the community. After discussion, the Board requested District Manager Teague to draw up a resolution for not allowing fountains, and he stated that he will consult with Attorney Urbancic to see if this involves rulemaking.

B. Follow-up Items

i. Bulkhead Cap Repairs

This project is complete.

ii. Heritage Palms Estates Storm Drain Lines Cleaning

Field Manager Pepin stated that Extreme Divers had verbally quoted $42,000 to clean the lines. Extreme Divers did not write a proposal, because they wanted to wait until the Board had decided to accept the bid. Chris had reached out to Florida Utility Solutions also, but has received no response. He suggested that MRI could also be contacted, but there had been issues with them in other communities. Considering Sewer Viewer for inspecting the entire stormwater management system was discussed. After further discussion, the Board decided to request other bids from the City, MRI, along with Florida Utility Solutions.

iii. Aerators Repairs

The parts have been ordered, and the repairs will be completed when they have been received.


A. Hurricane Ian Repairs Update

District Manager Teague had provided a summary sheet reflecting the cost of $54,241 to date and also the projected expenses going forward. He stated that the repairs were covered in the Field Report.

i. FEMA Reimbursement Application Update

District Manager Teague stated that staff will be submitting Tier 1 of the reimbursement requests, which are the cleanup and emergency repairs done before December 7, 2022 and which are eligible for 100% federal cost share. He estimates that the return is approximately $23,895. He stated that the reimbursement requests mostly cover fencing, debris cleanup and the stormwater management system inspection.

District Manager Teague informed the Board that the grants writers they had secured are charging more than expected, and he believes that staff has the expertise to submit the reimbursement requests. The Board agreed.

B. Financial Report for January 2023

District Manager Teague reviewed the Financials, and he stated that the assessments are 94% collected. The Financials show that they are over, but he explained that they are not over the Budget, just over that stage of the Budget. He stated that they are now receiving 4% on their checking account at Valley National Bank. He stated that there are still some funds in Iberia, because they are waiting for FPL to transfer the auto pay bank to Valley National Bank.

On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Financial Report for January 2023 was accepted for Audit, as presented.

C. Fiscal Year 2024 Budget Schedule

District Manager Teague had included the Budget schedule in the packet. He asked that the Board submit their Budget requests to him while he is drawing up a draft.

D. Consent Agenda Discussion

District Manager Teague explained that it will include routine items, which can be pulled for discussion, if requested. The Board agreed that this can be included in the Agenda going forward.


There was no H.O.A. report.

TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments

There were no Supervisor Reports, Requests or Comments.


George Smothers commented that the Safety Committee will be requesting crosswalks.


On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board agreed to adjourn at 11:24 a.m.

The Next Regular Meeting: March 27, 2023 at 8:00 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair