Draft Meeting Minutes for July 24, 2023
Community Development District
The regular meeting of Board of Supervisors of the Heritage Palms Community Development District was held on Monday, July 24, 2023 at 8 a.m. at the Heritage Palms Golf and Country Club at 10435 Washingtonia Palm Way, Fort Myers, Florida and via web conference.
Present (or attending by web conference) and constituting a quorum were:
Mike Whitten – Chair
Stan Switzer – Vice Chair
Bob Breisch – Assistant Secretary
Dennis Kane – Assistant Secretary
Al O’Brien – Assistant Secretary
Also attending (or attending via web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Sam Marshall – Engineer, Banks Engineering
James Wesoloski – HPCA Liaison
George Smothers – Resident
Chuck Rawson – 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 all Board members were present. Also in attendance were Cal Teague, the District Manager, Sam Marshall, the Engineer, James Wesoloski, the HPCA Liaison, and Residents George Smothers and Chuck Rawson.
SECOND ORDER OF BUSINESS Approval of the Agenda
On MOTION by Vice Chair Switzer, seconded by Supervisor Kane, with all in favor, the Agenda was approved, as presented.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
George Smothers commented that he had pictures of a lake on Royal 12 illustrating an issue that needs to be addressed.
FOURTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled from Consent Section for Discussion by the Board
There were no items pulled.
B. Motion to Approve Consent Items
On MOTION by Supervisor Kane, seconded by Vice Chair Switzer, with all in favor, the Board approved all items on the Consent Agenda, with spelling corrections in Lines 6, 9, 35 and 67, and a verbal update on the FEMA application.
C. Consent Items
i. Draft Regular Meeting Minutes for June 26, 2023
Line 6, 9 & 67 Change “Lonersan to Lonergan”
Line 35 Change “inside their property line” to “inside the Heritage Palms property line”
ii. Financial Report for June 2023
iii. FEMA Reimbursement Update
District Manager Teague noted that the updated invoice tracking sheet was included in the packet, and he reported that FEMA is still reviewing claim eligibility.
D. Consideration of Items Pulled for Discussion
FIFTH ORDER OF BUSINESS Attorney
A. Halperin Bromley Lane Fence Repair Update
District Manager Teague reviewed the revised letter from Attorney Urbancic, which was included in the packet, demanding reimbursement for attorney and engineering fees, in addition to the previously sent repair proposal, totaling $19,176.06. It was sent to Mr. Halperin on July 13, 2023, and no response has been received.
SIXTH ORDER OF BUSINESS Engineer
A. Roadway Milling and Paving Project Update
Engineer Marshall reported that he had received the signed contract from Russ Berner Construction. He and Chair Whitten, Field Manager Pepin, and District Manager Teague met with some residents and HOA representatives concerning the best way to minimize the impact on community access during construction. It was determined that the construction should take place only at night, which will allow normal access to the community during the day, and any other access will be through the side gates, which will be set open, if needed. The front gate will be closed at 5:00 p.m. and construction activity will be for 8 or 9 hours. They expect to complete the project inside a week. They expect that the noise from the construction should be minimal because of the area’s distance from homes in the community. Russ Berner Construction submitted an additional proposal for night work, which increases the original bid of $117,000 by $9,000, and which is covered by the $175,000 that had been previously approved. The Board agreed that this was a reasonable increase. Engineer Marshall stated that they have received the LDO from the City, but they are waiting on the Right of Way permit from the County before beginning work. District Manager Teague stated that open cut of the pavement for the water line will not be necessary, because they will bore and jack under the road, so their work will not interfere with the repaving project.
SEVENTH ORDER OF BUSINESS Old Business
A. Tabled Fence Repair and Ficus Removal Proposals
Chair Whitten stated that he and George Smothers had inspected the area for proposed Ficus tree removal, and they recommended leaving the trees in place. After discussion, the Board decided to table this until it is proposed in the future.
On MOTION by Supervisor Kane, seconded by Vice Chair Switzer, with all in favor, the Board approved to table indefinitely the discussion on the removal of Ficus trees.
EIGHTH ORDER OF BUSINESS New Business
A. Sidewalk, Curbing & Gutter Concrete Repair Estimate
District Manager Teague stated that Field Manager Pepin had received an estimate from Titan Foundations for grading all of the damaged storm drain tops along the roadways. He also had them submit a quote for replacement of a section of uplifted sidewalk at the entrance to Heritage Palms Estates and another at the northern cart crossing on Washingtonia Palm Way.
On MOTION by Vice Chair Switzer, seconded by Supervisor Kane, with all in favor, the Board approved Titan Foundations and Grading to repair all the damaged storm drain tops along the roadways, and to replace a section of uplifted sidewalk at the entrance to Heritage Palms Estates and at the northern cart crossing on Washingtonia Palm Way, not to exceed $13,875.
NINTH ORDER OF BUSINESS Field Manager
A. Current Field Management Report
District Manager Teague reviewed Field Manager Pepin’s report, and the following was discussed:
District Manager Teague stated that both he and Field Manager Pepin have noted that the lakes are in poor condition, and they are unhappy with the work of the contractor. After discussion, it was decided that Field Manager Pepin, District Manager Teague, and Chair Whitten will meet with Tim Farrell, owner of FloridAquatic, and express their displeasure and gain the assurance that they will address the issues in the lakes to the Board’s satisfaction.
It was noted that there is water lettuce in the canal, and the Board is pleased that it is being addressed by Field Manager Pepin.
The necessity of removing algae and Salvinia was discussed, and it was decided to have them raked from those lakes with the highest concentrations.
On MOTION by Vice Chair Switzer, seconded by Supervisor Kane, with all in favor, the Board approved the removal of algae and Salvinia from some lakes, with the Field Manager determining which lakes to rake, for a not to exceed of $3,000.
B. Follow Up Items
i. Lake 14 Drainage Swale
This project is complete.
Greg Kreisch has asked if the CDD could have the rip rap extended to the north, so that it is connected to the existing rip rap near the cart bridge, which was illustrated in the Field Report.
On MOTION by Vice Chair Switzer, seconded by Supervisor Kane, with all in favor, the Board approved the extension of the rip rap to the north, so that it is connected to the existing rip rap near the cart bridge, for a not to exceed of $2,000.
ii. Stormwater System Cleaning
Field Manager Pepin has informed District Manager Teague about the progress of the stormwater system cleaning, which is described below:
Sewer Viewer has cleaned out the 40 structures which had been recommended in the inspection report.
MRI has cleaned out the recommended clogged structures behind Heritage Palms Estates Drive.
MRI has been approved to clean out the additional 16 structures that Sewer Viewer could not access with their equipment.
iii. Cane Toad Program Update
Field Manager Pepin reported that he has only removed 1 Cane Toad from the community, and he believes that their presence is minimal. District Manager Teague stated that the Cane Toad removal program will be completed at the end of July. There was discussion on the next steps to take, and it was decided to ask Field Manager Pepin to research different cost effective options that would facilitate a proactive approach. Another suggestion was to ask a resident or a team of volunteers to check the traps and dispose of captured toads. This issue will be placed on next month’s Agenda.
TENTH ORDER OF BUSINESS District Manager
District Manager Teague had nothing further to report.
ELEVENTH ORDER OF BUSINESS H.O.A. Report
Jim Wesoloski commented that Aqua Greens will be onsite August 14th.
TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments
Supervisor Breisch requested the removal of approximately 3 feet of littorals at the NE corner of Lake 7 next to the green on Royal 13, at the right side of the Winkler gate, so he can more easily access the water when taking samples for Pond Watch.
Supervisor Breisch also noted that there is a hole in the fencing on Lake L-6, as mentioned in the field report on page 55, which could enable unwanted access to the community, and installing trail cameras was suggested.
Chair Whitten requested an exploration of an addition of a path for walking, because of the poor condition of the sidewalks. Some possible options were discussed, including a walking lane on the road similar to the bike lanes on roads. The Board requested that Engineer Marshall investigate.
Chair Whitten also commented that it would be more cost efficient to install fencing rather than removing the Ficus trees, which had been previously discussed.
THIRTEENTH ORDER OF BUSINESS Audience Comments
George Smothers suggested that the District address the size of the openings in the catch basins for the safety of children.
Mr. Smothers also commented that he supported the plan to close the gates during the re-paving project, and he also reported an extensive amount of algae on Lake 14.
FOURTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Vice Chair Switzer, seconded by Supervisor Kane, with all in favor, the Board agreed to adjourn at 9:03 a.m.
The Audit Committee Meeting is August 28, 2023 at 7:45 a.m.
The Next Regular Meeting and Budget Public Hearing is August 28, 2023 at 8:00 a.m.