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Draft Meeting Minutes for January 23, 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, January 23, 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 Elect

Also attending (or by web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Sam Marshall – Engineer, Banks Engineering
James Wesoloski – HPCA Liaison
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, with Supervisor Kane arriving at 8:07 a.m. Also in attendance were Sam Marshall, the Engineer, and James Wesoloski, HPCA Liaison, and George Smothers, Resident.

SECOND ORDER OF BUSINESS Approval of the Agenda

On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, 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 Approval of Meeting Minutes

A. Draft Meeting Minutes for December 19, 2022

Line 49 Add Ernesto “Lasso de la Vega, Lee County Hyacinth Control District”

On MOTION by Supervisor Kane, seconded by Supervisor Breisch, with all in favor, the Draft Meeting Minutes for December 19, 2022 were approved, as amended.


There was no report from Attorney Urbancic.


A. Roadway Inspection Update

Engineer Marshall stated that he should be receiving bids this week for the milling and repaving of the entryway on Heritage Palms Boulevard, and he will present them to the Board at the next meeting. There was discussion on the plans for paving, which will differ from area to area. There was also discussion for beginning the coring needed for preparation, and the Board decided that the corings should be completed by May.

On MOTION by Supervisor Kane, seconded by Supervisor Breisch, with all in favor, the Board approved the coring of the entryway at Heritage Palms Boulevard and at the communities’ exit, not to exceed 6 corings.

Engineer Marshall had forwarded documents to the Board concerning silt treatment of ditches for flood control. The Board authorized him to complete cross sections for overflow at the drainage structure at the swale to Lake 14, and that he will ask Greg Kriesch or Field Manager Pepin to begin the project. Sam will see that bids are obtained.

There was discussion on the benefit of using biological treatment in the lakes to address silt build up, and District Manager Teague stated that he could not recommend it. The Board decided not to go forward with this treatment.

There was discussion on areas where there is buildup of spike rush, and the Board requested Field Manager Pepin to investigate the amount of vegetation in the ditches.


A. Community Fence Repair Issues and Estimates Update

There was a report from Field Manager Pepin in the packet and a summary of the all fencing repairs and replacements that are needed, but he stated that it is difficult to find contractors. Vice Chair Switzer suggested using employees of Heritage Palms to complete the repairs. District Manager Teague stated that Carter Fence would complete their inspection in the near future, but Sunset Fence cannot begin until February or March. It was also stated that Chris could hire a crew to complete the project.

Supervisor Breisch wondered why there was so much fencing in the community, and if it is needed, and the advantages and requirements for fencing was discussed, and if hog fences are needed. The Board would like to know which fences are a priority for repair or replacement, so they requested a map identifying the locations of fence damage. The Board requested that they wait for Carter Fence to bid the project or that Chris consider hiring a crew and submitting a bid.

The project will be submitted to FEMA as a part of the requests for reimbursement. Supervisor Breisch asked for clarification on the submissions to FEMA, and District Manager Teague explained what was in the report he had given to the Board.

The homeowner at 10681/10731 Bromley Lane is continuing to clear out their land along the canal, and in doing so, the CDD’s perimeter fence was ripped apart. A letter has been sent to the homeowner, and a code complaint could be filed. The Board would like to evaluate the property owner’s response.

B. Update on New Lakes Maintenance Contracts

Field Manager Pepin reported that FloridAquatic has been responsive, and he is happy with their lake maintenance performance.

Chris stated that the aerator and fountain contractor has been responsive on fountain maintenance, but has not been responsive on aerator issues. The Board expressed their frustration about the delay with aerator maintenance, because there are approximately 15 locations that were identified within the last 6 months, and the issues should be addressed as soon as possible. They would like Chris to set up a meeting with Crystal Clear, so that the Board can express their dissatisfaction with the delays. They agreed that Chair Whitten or Vice Chair Switzer could attend.


There was no New Business.


District Manager Teague reviewed Field Manager Pepin’s report and the following was discussed and action taken:

A. Current Field Report

Chris had noted that some littorals will be browning, but will come back in the summer. He stated that there is vegetation in Lakes 3 and 31 that will be addressed. Chris stated that there are a few tasks that need to be completed in the hurricane cleanup, and he will be updating the erosion maps.

Chair Whitten expressed his concern that the stormwater management system in Heritage Palms Estates has not been completed, and the Board would like it to be addressed as soon as possible.

Vice Chair Switzer expressed his concern that rusted boxes have not been addressed before the rust develops, and the repairs should be completed as soon as possible. There was discussion on some issues that are listed in Field Manager Pepin’s report, and the Board believes that he could address small issues without asking for prior authorization from the Board. It was decided that District Manager Teague and Chair Whitten will review the report and authorize Chris to address the smaller issues as they arise.

B. FloridAquatic Field Report

This was in the packet, and there were no questions.

C. Pond Watch Report

The report was discussed and its inclusion on the Agenda was discussed. District Manager Teague suggested that it be put on a Consent Agenda, and that items on the Consent Agenda not be discussed unless there were questions, and the Board agreed to its implication.

After discussion, the Board requested that water quality concerns be listed in Chris’s report and shared with the Club Manager.

D. Follow-up Items

i. Bulkhead Cap Replacement New Estimate

Chris stated that Artistic Structures started the repairs the week of January 16, 2023.

ii. Clean Heritage Palms Estates Storm Drain Lines

Field Manager Pepin stated that Extreme Divers can address this in 2 to 3 months, and they have requested a meeting before beginning the project. However, when they are contacted to schedule a meeting, there is no response. District Manager Teague will contact a small firm he is familiar with, and the Board expressed their desire to have this completed as soon as possible.


A. Hurricane Ian Damages Update

The update on Hurricane Ian damages was reviewed along with the status of the claim submittal. District Manager Teague stated that the claim submission is on schedule.

B. Financial Report for December 2022

District Manager Teague reviewed the Financials, and he stated that there are still some funds with Iberia, but the transfer should be completed this month. He also stated that Valley National Bank is giving 3.5% on 1.1 million.

Supervisor Kane asked about liability insurance, and District Manager Teague stated that the policy covers the whole community, and not just the Board.

On MOTION by Supervisor Kane, seconded by Supervisor O’Brien, with all in favor, the Financial Report for December 2022 was accepted for Audit, as presented.

C. FEMA Updates

District Manager Teague stated that staff has met with FEMA, and they have scheduled weekly meetings. He also stated that all of the deadlines have been met. He stated that the individual submissions are limited to $3,500, so they will combine the smaller issues with the larger items.

District Manager Teague stated that this item can be a part of the Consent Agenda.


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 crosswalks should be striped for safety purposes, and there was discussion about their necessity, and the possible locations where striping is needed. The Board decided to consider this after the paving is completed this year, and when they have received recommendations from the safety committee.


On MOTION by Supervisor Kane, seconded by Supervisor O’Brien, with all in favor, the Board agreed to adjourn at 10:30 a.m.

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

Secretary/Assistant Secretary
Chair/Vice Chair