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Draft Meeting Minutes for May 22, 2023

Heritage Palms
Community Development District

The regular meeting of Board of Supervisors of the Heritage Palms Community Development District was held on Monday, May 22, 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
Dennis Kane – Assistant Secretary

Also attending (or attending via web conference) were:

Cal Teague – District Manager, Premier District Management (PDM)
Chris Pepin – Field Manager, Community Field Services

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 Supervisor O’Brien. Also in attendance were Cal Teague, the District Manager, and Resident George Smothers. Chris Pepin, the Field Manager, attended via web conference.

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 stated that he supports the addition of crosswalks, as recommended by the safety committee. He stated that he and Security Director Dan Davis had walked through the community and noted locations, which were designated with illustrations in the packet. He also commented that the spike rush has become excessive near Sabal 16, which is bordering Lake 30 or Lake 28.


A. Items to be Pulled from Consent Section for Discussion by the Board

Pull Item Ci

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, including two corrections to the April 24, 2023 meeting minutes.

C. Consent Items

i. Draft Regular Meeting Minutes for April 24, 2023

Line 85 Change “wondered” to “suggested”
Line 85 Remove all after “meeting”

ii. Monthly Financial Report for April 2023

iii. FEMA Reimbursement Update

D. Consideration of items Pulled for Discussion


There was no report from Attorney Greg Urbancic.


A. Roadway Milling & Paving Project

Engineer Marshall was not present, but District Manager Teague reported that the Engineer had received two proposals, which are under the amount previously approved for the project. He is waiting on a third proposal, which should arrive in a day or two. The Board requested that staff make a selection from the two proposals received, because they would like the project to begin as soon as possible. The third proposal will be considered when it is submitted. Update: The third proposal was not received, so the contractor will be selected from the two which had been received.


A. Proposal for Heritage Palms Estates Storm Drain Lines Cleaning

There was discussion on the report from Sewer Viewer, and the Board wondered if inspection of the structures was included. District Manager Teague stated that Sewer Viewer had inspected them and they ascertained that the structures were in relatively good shape.

Vice Chair Switzer was concerned about the inspection of the outflow, or lack thereof, because he wants to ensure that the stormwater system remains in good condition. Chris stated that the outflow is in good condition if the previous data does not indicate a problem.

Sewer Viewer also inspected the catch basins, and they found that there were 18 basins that they did not price to clean out, because it was difficult to get their vac con truck to do the cleaning. Those basins were not clearly identified in the report, and Chris has asked them to identify their locations. In addition, Sewer Viewer did not quote the Heritage Palms golf course, so the Board asked for a quote from MRI for this area and the 18 basins they could not inspect.

Sewer Viewer found 2 areas where there were extensive roots, which will grow back if the trees are not removed. It needs to be determined if these trees are CDD property, and staff will investigate.

On MOTION by Vice Chair Switzer, seconded by Supervisor Kane, with all in favor, the Board approved Sewer Viewer to clean the structures in the stormwater system which are outlined in their proposal.

B. 10731 Bromley Lane Fence Damages Update

Engineer Marshall had staked out the property line and submitted the results to Code Enforcement. The Board asked Attorney Urbancic to send the property owner another letter, stating that, since we have not had a response from them, the CDD will move forward with the fence repair, and the property owners will be asked for reimbursement, as was stated in the agreement the CDD had sent to them prior.

C. Pond Watch/Water Quality Committee Efforts

Supervisor Breisch stated that he and the committee had completed the pond watch for the month, and he reviewed it with the Board. He reported that they had not observed any cane toads.

D. Shoreline Restoration Discussion

i. Updated Erosion Report from CFS

District Manager Teague stated that Field Manager Pepin had updated his report and had included the lengths and costs for the repairs, which the Board had requested at the last meeting. District Manager Teague stated that littorals had been planted, which stabilizes the lake bank, and which lessens the need for restoration. There was discussion on the development of a proposal, and what it should entail. Field Manager Pepin suggested repairing the whole lake while the equipment is onsite, and there was discussion on the lakes with the most severe erosion. The Board decided to continue the planning for lake bank restoration in the coming fiscal year.


A. Additional Fence Repairs Proposal

i. Ficus Removal Proposal Along Fence

There was discussion on the 4 areas that Carter Fence presented in their proposal and on additional areas that may or may not need ficus removal or fencing. Chris had submitted aerials illustrating the areas where the ficus is damaging the perimeter fence. The proposal from Carter Fence to remove the ficus, obtain fence material, and prep the ground for new fencing was $56,000, plus $800 per load of dirt, if needed. New fencing will cost $38,508.93. The project total would be $94,508.93. The Board decided to table the issue until it has been determined if all of the proposed areas need ficus removal.

B. Additional Crosswalks Discussion

The proposal from the Safety Committee was reviewed, and the Board decided to deny the request until the Safety Committee can stop the residents from walking in the streets.

On MOTION by Supervisor Kane, seconded by Vice Chair Switzer, with 3 in favor, and Supervisor Breisch opposed, the Board agreed to table the issue of crosswalks in the community.

On MOTION by Supervisor Breisch, seconded by Chair Whitten, with all in favor, the Board denied the request by the Safety Committee for crosswalks in three locations, until the Safety Committee can gain control of pedestrians walking and jogging in the streets.

Supervisor Kane left the meeting during the discussion on crosswalks.


A. Current Field Management Report

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

Field Manager Pepin stated that the planting of littorals on Lake L-2 is delayed until there is more rain.

Field Manager stated that the torpedo grass on Lake 30 has been treated, and the low presence of weeds in other lakes will be treated. He has also discovered unacceptable levels of algae in Lake 3.

Field Manager Pepin stated that the Lake 6 electrical panel will be needing replacement, as well as, the concrete pedestal.

Field Manager Pepin stated that Lake 7 needs underground boring under the cart path to install an new aerator line, which will be addressed.

He reported that Premier Lakes found that the compressor on Lake 25 needs replacement, and they submitted a proposal. The compressor will be replaced at the cost of $813.

On Lake 28 Ficus branches have fallen into the lake, and Field Manager Pepin recommends that they be removed before the rainy season. There are also willow tree branches encroaching into Lake L-9 which need removal.

Chair Whitten had noticed extensive spike rush near the Halperin property, and he thinks it is cutting off the waterway. Field Manager Pepin did not see anything of concern, but he will investigate.

A bollard at the Penzance gate was down, but the Board decided not to replace it.

Field Manager Pepin is inspecting the CDD owned concrete in the community for minor repairs, but he has not found any contractors willing to do the project.

B. Follow Up Items

i. Lake 8 Fountain Cable Replacement

This project is complete.

ii. Lake 14 Drainage Swale

Field Manager Pepin stated that this project will begin this week.

iii. Clubhouse Fountain Motor Replacement

This project is complete.

iv. Cane Toad Program

Field Manager Pepin stated that they had begun placing cane toad traps in the community, which the Board had requested. The traps were initially placed near the Penzance gate, and he has been moving them north. He currently has them along Curry Palm Lane, Tiger Palm & Go Canes Way. They have not caught any cane toads as of yet. Vice Chair Switzer asked Chris if there are optimal areas to place the traps, and he stated that they are placing them in the common areas, where there are strong odors, and near streetlights.

v. Various Fence Repairs

Carter Fence has received the deposit, and the materials have been ordered. They will not be able to start for a couple months.


A. Potential Legislation Affecting Special Districts

District Manager Teague commented about pending legislation on a federal level to recognize special purpose units of government, which could streamline CDD access to various federal fundings, including FEMA grants.

B. Proposed FY 2024 Budget

i. Resolution 2023-04: Approving Proposed Budget and Setting Public Hearing

District Manager Teague summarized the Proposed Budget, and he stated that there are no assessment increases. The Board decided to designate additional funds for lake bank restoration, which will be reflected in this adopted Proposed FY 2024 Budget, and will be sent to the city, county, and posted on the District’s website.

On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Board approved Resolution 2023-04, approving the proposed Fiscal Year 2024 Budget and setting the public hearing for adoption of the Budget on August 28, 2023.


There was no H.O.A. report.

TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments

There were no Supervisor reports, requests, or comments.


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 10:50 a.m.

The Next Regular Meeting: June 26, 2023 at 8:00 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair