Skip to main content

Draft Meeting Minutes for June 27, 2022

Heritage Palms
Community Development District

The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, June 27, 2022 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
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, Banks Engineering
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 Chair Whitten and Supervisor Lubozynski attending via web conference. Also in attendance were Cal Teague, the District Manager, Sam Marshall, the Engineer, and George Smothers, Resident.

On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Board approved Chair Whitten’s and Supervisor Lubozynski’s attendance via web conference.

SECOND ORDER OF BUSINESS Approval of the Agenda

On MOTION by Chair Whitten, 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 were no Audience comments on the Agenda.

FOURTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for May 23, 2022

On MOTION by Chair Whitten, seconded by Supervisor O’Brien, with all in favor, the Board accepted the Draft Meeting Minutes for May 23, 2022, as submitted.


There was no report from Attorney Urbancic.


Engineer Marshall discussed the following issues with the Board:

A. Bulkhead Needs for the Redesign of the Sabal #2 Tee Box

Supervisor Breisch wondered if the suggestion to redesign the tee box, as part of the bulkhead redesign, was to stop balls from going into the lake, and he stated that Gothic Greens had suggested installing low hanging fruit trees to help with this issue. Engineer Marshall stated that the redesign was contingent on the storage capacity in the lake after the bulkhead is redesigned. He also stated that South Florida Water Management District and the City would need to issue permits. The Board decided to table the issue until they hear further from the HOA about their redesign plans.

B. Ownership Map

Engineer Marshall and Watermark had staked the property line for the placement of a fence. The Board discussed the CDD’s liability if there was an injury from a Watermark resident if they had trespassed and gone into the lake, and the CDD could be sued. They also discussed which areas the CDD and the HOA were responsible for and who had liability in specific areas. There had been an exploratory walk around with Board members, the Public Safety Officer, the HOA, and some residents on the use of the north canal property, and they had suggested that it could be used for solar panels or pickleball courts. The Board decided to table the issue until there is action needed.


A. Fence Repairs at 8038 Tiger Palm Discussion Update

District Manager Teague stated that Field Manager Pepin had reported that the fence lines were holding water in some areas, because it is the rainy season. Therefore, other contractors had not looked at the fence yet. He will continue to request alternate bids from fence companies. The Board would also like him to validate the length and condition of the fence.

B. Additional Muck Sampling Update

Chris had stated that the project was 95% complete. Some of the readings did not come out well, so the technician needs to return to the community and scan the area again. The project should be complete in the next couple of weeks.


A. Bulkhead Repair Estimate

Chris had reported that he and Travis from Artistic Structures had inspected the bulkheads on his last site visit, and they had found that several sections, including some caps, were in bad shape. Chris had asked them for an estimate to replace the rotting caps on Lakes 8, 23, 24, L-19, and possibly Lake 17. Supervisor Lubozynski asked if there had been bulkhead repair on any lakes within the last 3 or 4 years, and the Board stated that they were not aware of any recent repairs. It was also stated that residents that have bulkheads on their property are responsible for their upkeep. The Board decided to table the project until a proposal is received from Artistic Structures.


A. Current Field Report

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

There was a high presence of algae, shoreline weeds, and coconuts on some lakes, and silt had been removed from Lake 12. There were problems with some aerators, and Chris had asked for quotes for the repairs. Solitude is replacing the air stations on Lake 29 and on Lakes L-6, L-7, L-8, L-9, and L-11. The next date for the semi-annual maintenance of the aerator systems is August.

The shoreline grass and weeds on the north side of Lake 30 were extremely tall, and the Board asked Chris to cut it.

Solitude is currently replacing the old compressor unit on Lake 2.

The resident at 11333 Wine Palm Road was constructing a pool, and the silt barrier had failed. The Board asked that staff send them a letter immediately, asking them to have their contractor fix the barrier and remove the silt from the lake.

A technician had made repairs to the fountain on Lake 8 and noticed bad submerged electrical lines. Chris will be getting a quote for the repair.

Chris reported that the last inspection of the entire stormwater drainage system was in December, 2019 by MRI.

Vice Chair Switzer commented that there have been ongoing problems with air stations. District Manager Teague will have Chris rate the condition of the aerators and provide a list of priorities to the Board. Vice Chair Switzer also mentioned that the condition of the lakes is going down, and there are other ongoing issues. The Board would like staff to take a more proactive approach to prevent these issues. The Board discussed the lack of response from Solitude and the possibility of retaining Gonzalo’s services again. They will ask Mr. Kurth from Solitude to attend the next meeting, and if he sends someone else, staff will send a letter to Mr. Kurth.

The Board suggested that the HOA send out an email blast to the community, asking them to ensure that coconuts, palm fronds, and other debris are removed from the lakes, and if this is not done, they will be a charged.

B. Follow-up Items

i. Fence Damage on Sabal Update

Chris had no updates. This area will be repaired when all locations are accessible.

ii. Washingtonia North Cart Crossing Update

There had not been an e-mail reply from the HOA Master Board concerning a joint effort on the project. The Board wondered if the CDD should continue without the HOA’s input. Conidaris had previously submitted a quote of $5,495.

iii. Hog Activity

Chris had inspected the areas in question and saw no hog activity. He believed that some smaller disturbances could be from armadillos.

iv. Sidewalk Grinding Responses

The lip of the driveway at 8008 Tiger Palm Way is approximately 1/2 inch higher than the pavers. Chris stated that the concrete panel is about a year old, and he believed that the driveway pavers had sunk. The Board agreed that he could grind the lip.

The Board also agreed that he could seal the remaining manhole covers along the main roadways.


A. Financial Statements for May 2022

District Manager Teague reviewed the Financials that had been sent to the Board through Fed-Ex.

On MOTION by Supervisor Breisch, seconded by Supervisor O’Brien, with all in favor, the Financial Statements for May 2022 were accepted for Audit, as presented.

B. Watermark Agreement Review

Watermark and the CDD had agreed that Watermark would pay the cost of the fence removal along the Northern boundary between Heritage Palms and Watermark. They now agreed that Watermark could install a fence with a gate perpendicular to Winkler Avenue, across the canal separating the Southeast corner of Watermark and the Northeast corner of Heritage Palms.


There was no H.O.A. report.

TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments

Vice Chair Switzer asked if the City had recently flushed the hydrants, because the last flushing was done 2 years ago. He also wondered if they had been painted.

Chair Whitten stated that he and Vice Chair Switzer had run unopposed, so there was no need for an election.

Supervisor Breisch stated that he will not be at the July 25, 2022 meeting.

Supervisor Lubozynski stated that he will not be at the August meeting.

The Board wondered if the date for the July meeting should be changed, because some Board members will be absent. It was determined that there will be a quorum, so the date can remain the same.


There were no Audience Comments.


On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board agreed to adjourn at 9:45 a.m.

The Next Regular Meeting: July 25, 2022 at 8:00 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair