Draft Meeting Minutes for November 18, 2024
Heritage Palms Community Development District
The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, November 18, 2024 at 8:00 a.m. at the Heritage Palms Golf and Country Club at 10435 Washingtonia Palm Way, Fort Myers, Florida and via web conference.
Present and constituting a quorum were:
Mike Whitten – Chair
Stan Switzer – Vice Chair
Bob Breisch – Assistant Secretary
Chuck Rawson – Assistant Secretary
Brian Anderson – Assistant Secretary
Also attending were:
Cal Teague – District Manager, Premier District Management (PDM)
Mandie Rainwater – Assistant District Manager, PDM
Sam Marshall – Engineer, Atwell, LLC
Steven Martin – Engineer, Atwell, LLC
Kyle Roehm – Fountain Kings
Dave Slovak – HOA Liaison
Alyse Grohowski – Resident
George Smothers – Resident
Ray Segler – Resident
Attending remotely:
Christopher Dudak – Client Services Manager, PDM
The following is a summary of the discussion and actions taken at the Heritage Palms Community Development District (CDD) Board of Supervisors Meeting.
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order at 8:00 a.m., and District Manager Cal Teague called the roll. All Board members were present and constituted a quorum. Also in attendance were Mandie Rainwater, Assistant District Manager, Sam Marshall, the Engineer, Steven Martin, Engineer, Kyle Roehm from Fountain Kings, HOA Liaison Dave Slovak, and Residents George Smothers, Alyse Grohowski, and Ray Segler. Attending remotely was Christopher Dudak, the Client Services Manager.
SECOND ORDER OF BUSINESS Approval of the Agenda
An amended Agenda was distributed to:
- Add 8B Fountain and Aerator Maintenance Proposals
- Add 8C Lake 8 Fountain Lighting System Proposal
On MOTION by Vice Chair Switzer, seconded by Supervisor Rawson, with all in favor, the Board approved the Agenda, as amended.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on Agenda items.
FOURTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled from Consent Section for Discussion by the Board
Supervisor Breisch pulled the Draft Meeting Minutes for discussion. Supervisor Anderson pulled the Financial Report.
B. Motion to Approve Consent Items
C. Consent Items
i. Draft Regular Meeting Minutes for October 28, 2024
ii. Financial Report for October 2024
iii. FEMA Update
D. Consideration of Items Pulled for Discussion
Regarding Line 8 of the Draft Meeting Minutes: Staff had received a request to change Alyse Grohowski’s title to “resident”, because she is not in attendance as an official Liaison from the Master HOA.
Regarding Line 47 of the Draft Meeting Minutes: Supervisor Breisch asked staff to review the recording of the October 28, 2024 meeting. He stated that his reason for opposition to the motion was that he was not in favor of the Board paying for a quote for tadpole removal services. After discussion, the Board noted that the Minutes and the Motion did not mention a cost for obtaining a quote, so it was suggested that the Meeting Minutes were accurate as written. The Board approved the Draft Meeting Minutes as presented.
On MOTION by Supervisor Anderson, seconded by Supervisor Rawson, with four in favor, and Supervisor Breisch opposed, the Board approved the Draft Regular Meeting Minutes for October 28, 2024, as presented.
Supervisor Anderson asked if Reserves are different than Operating Funds in the financial report, and District Manager Teague stated that they are separate. He stated that the balance sheet reflects the amount in the checking account, which is the total cash on hand. He added that the Reserves are not in the Budget. Operating Funds are financed by current year assessments to fund the current Budget. Reserves are designated funds in the accumulated balances from previous operating fiscal years, and then earmarked for future District needs. The Board accepted the financial report as presented.
On MOTION by Vice Chair Switzer, seconded by Supervisor Anderson, with all in favor, the Board approved the Financial Report, as presented.
FIFTH ORDER OF BUSINESS Attorney
There was no report from Attorney Greg Urbancic.
SIXTH ORDER OF BUSINESS Engineer
A. Paving Project Plan for Wine Palm and Seminole
Engineer Marshall introduced Steve Martin from Atwell, who will be supporting him in his work with the Heritage Palms CDD. He stated that the preliminary mill and repave plan is completed, which he distributed as an information sheet. He stated that the permit application to the City of Fort Myers is underway. He noted that a permit to work in the County ROW will be needed, because the area from the gate to the street is included, as well as a County preconstruction meeting and limited redevelopment order.
The plan is to mill down to the lime rock, locate needed repairs in the lime rock, and then reapply asphalt to the roadways. He stated that February or March is the time to obtain bids, because the aim is to complete the work in April or May, so that it will be finished before the summer rainy season. He added that the plan is to perform the milling and paving in phases to maintain emergency and resident access. He stated that the entire project should be completed with about two weeks of construction.
He stated that the Board can still add an alternate concrete section, as previously discussed, for the truck turnaround area. He noted that there have been no estimates on concrete cost as of yet, but he will obtain them.
The Board expressed concern about the manhole collars, and if they are adjustable, and Engineer Marshall noted that they can be. The Board was also concerned about construction liens, and Engineer Marshall noted they are common, and often not properly levied. The Board was concerned about provisions for landscapers to park in those areas. This will need to be coordinated with the HOA, who are typically invited to the preconstruction meetings.
Engineer Marshall will edit the plan he distributed at the meeting to include the alternative concrete areas, and this will allow the Board time to modify the parameters of any of the areas.
B. Roadway Stains and Unevenness at Entrance
Engineer Marshall did not see many stains on the new roadway surface, but he noted that there is irrigation water running across it. He asked Russ Berner Construction to come onsite, and they drove it and walked it. They believe everything is within tolerance ranges. Chair Whitten stated that he feels a continual wave in the surface and finds the work to be sub-par. Engineer Marshall stated that he will monitor it.
Engineer Marshall stated that the NPDES annual report was submitted last week. He had expected it to close out, but there may be a year 8 required. The Board noted that costs have risen slightly, but District Manager Teague noted that it is still substantially cheaper for the District to be a co-permittee rather than working with the City. District Manager Teague mentioned that BMAP is a program to create goals for reducing nutrient loading, and it will be a requirement for the District eventually. The Board asked about any future changes or costs to the NPDES evaluation process, and Engineer Marshall explained projected changes and increased costs.
Discussion then moved to items 8B and 8C.
SEVENTH ORDER OF BUSINESS Old Business
A. L-6 Gate (11145 Ranchette) and Other Fence Repairs Proposal (8020 Tiger Palm, 11212
Wine Palm, 11070 Seminole Palm, 11293 Wine Palm)
Field Manager Pepin reported that Carter Fence quoted $29,208.46 to add the fencing at Lake L-6, and to complete several repairs to other sections of the perimeter and preserve fences that he had previously identified. Eagle Fence quoted $28,464 to add the fence only at Lake L-6.The Board believed that this is the previously rejected plan for the Lake L-6 fence and wing gate. Chair Whitten will discuss it with Field Manager Pepin. The Board would like the other repairs itemized. The Board approved obtaining a reduced proposal for the items other than the Lake L-6 fence.
On MOTION by Vice Chair Switzer, seconded by Supervisor Anderson, with all in favor, the Board approved repairs to the perimeter and preserve fences as designated, not to exceed $7,500.
B. Cane Toad and Other Invasive Species Preventive Program Discussion
i. New Proposals for Tadpole Removal
Field Manager Pepin stated that Southern Trappers quoted $150 per hour to evaluate the ponds, and remove tadpoles at the same rate. Also included was Community Field Services’ (CFS) proposal to trap tadpoles at $50 per hour. The Board approved CFS’s proposal, with the stipulation that he captures the tadpoles and tracks it with quantitative data, and that the District will determine when he will be dispatched for this effort.
The Board discussed whether tadpole control or adult toad control was the primary need, without consensus, but noting that it was more “natural” for the CDD to manage tadpoles, because the lakes are in its purview, whereas, the toads are on common property, which is mostly the responsibility of the HOAs. It was noted that Traci Irons Izzo still believes that Cane Toads are not the HOA’s responsibility.
On MOTION by Chair Whitten, seconded by Supervisor Rawson, with all in favor, the Board approved Community Field Services to remove tadpoles, as needed, record quantitative data, and coordinate with the Chair, not to exceed $50 per hour.
Supervisor Rawson left the meeting at 10:31 a.m. and returned at 10:33 a.m.
Supervisor Anderson stated that he heard from Dr. Johnson, the invasives specialist at FGCU, and there is a possibility that he can speak to both Boards in February or March 2025. An honorarium or invoice for the Professor’s time were mentioned.
EIGHTH ORDER OF BUSINESS New Business
A. Lake 8 NE Erosion New Proposal
Pristine Lakes provided 3 repair options for this shoreline:
- Option 1: A basic restoration approach with soil hauled at the cost of $54,000
- Option 2: Install rip rap along the eroded shoreline at the cost of $128,250
- Option 3: Repair the shoreline with a new shoresox at the cost of $108,000
Chair Whitten noted that the geo tube appears to be in good condition, so he suggested the basic repair, which the Board approved, with the caveat that Pristine Lakes accept a 25% deposit rather than 50%.
On MOTION by Chair Whitten, seconded by Supervisor Anderson, with all in favor, the Board approved Pristine Lakes’ basic restoration of the Lake 8 northeast erosion, contingent on a deposit adjustment from 50% to 25%, not to exceed $54,000.
B. Fountain and Aerator Maintenance Proposals
Kyle Roehm from Fountains Kings had submitted maintenance proposals for aerators and fountains. He stated that he had completed an inspection and evaluation of the system in Heritage Palms, and noted items that should be addressed. He stated that Fountain Kings completed some repairs when they were a subcontractor for Premier Lakes, and Kyle detailed what they had done. He also answered questions from the Board about observations from his inspection and the current needed repairs.
Kyle left the meeting at 9:51 a.m. after the discussion and action on 8C the Lake 8 Fountain Lighting System, and before the action on 8B the Fountain and Aerator Maintenance Proposals.
The Board chose to accept their aerator and fountain maintenance proposals, with 4 annual visits, and no cost for service calls, except the cost of parts. The proposed costs are $6,000 annually for aerators and $1,200 annually for fountains. The contract is set to begin after the termination of Premier Lakes’ two maintenance contracts, which will be January 1, 2025. The Board also approved the immediate termination of Premier Lakes contracts.
Supervisor Rawson suggested increasing the fountain and aerators Budget line item in 2026.
On MOTION by Supervisor Breisch, seconded by Supervisor Rawson, with all in favor, the Board approved 4 annual visits for aerator and fountain maintenance from Fountain Kings, not to exceed $6,000 annually for aerators and $1,200 annually for fountains.
On MOTION by Supervisor Anderson, seconded by Supervisor Rawson, with all in favor, the Board approved terminating the contract with Premier Lakes with 30 days notice.
C. Lake 8 Fountain Lighting System Proposal
When Fountain Kings, as a subcontractor to Premier Lakes, was replacing the pump and motor, they noticed the LED lights are functioning poorly. Field Manager Pepin believed this is likely due to age and water seepage. Kyle Roehm stated that the lights are intended to be submerged, so an upside-down fountain should be acceptable for the bulbs, and that the brand of lights currently installed have a life expectancy of 2-3 years. He noted that the lights will turn on, but they are leaking electricity and will not hold a GFCI. The Board approved this repair at $3,541, and Kyle noted that, if the breaker is good, he will take the $125 item off. He also stated that the new bulbs are under a 3-year warranty.
On MOTION by Supervisor Anderson, seconded by Supervisor Rawson, with all in favor, the Board approved Lake 8 fountain lighting system repairs, not to exceed $3,541.
NINTH ORDER OF BUSINESS Field Manager
A. Current Field Management Report
Field Manager Pepin’s report was reviewed, and the following was discussed:
- It was reported that Greg Kreisch will be removing silt from Lake L-3 when water levels recede.
- On page 8 of the Field Report it stated that a resident placed roofing tiles at the base of the fence behind 11097 Sierra Palm Court. The Board decided that, if Field Manager Pepin has no issue with them remaining, then it will be ignored. The Board wondered if there is trash on the preserve side of the fence, which the Board could not determine from the Field Report, then a letter will be sent asking the resident to remove it.
B. Follow Up Items
i. Concrete Repairs for Gutters
Field Manager Pepin noted that the gutter repairs have been completed. Chair Whitten thought he did a good job.
ii. Hurricane Milton Cleanup Efforts
Field Manager Pepin stated that all cleanup efforts have been completed.
iii. Aerator Repairs Lake 13/14/15
Field Manager Pepin stated that the valve box was found, and the valve system inside of it is rusted out and needs replacement. Premier Lakes has been authorized to complete the additional repair.
It was reported that Gonzalo Ayres’s crew cut vegetation in Greg Kreisch’s debris disposal area, but it has been resolved. Chair Whitten has seen at least one homeowner disposing debris there, as well.
iv. Lake 8 Fountain Repair and Surge Protection Update
Field Manager Pepin noted that the surge protection has been installed along with the correct phase loss protection. The fountain is back online.
v. Possible Dead Tree behind 8014 Tiger Palm
Field Manager Pepin stated that he inspected the area on November 13th and observed no dead trees or cypress along the fence line.
TENTH ORDER OF BUSINESS District Manager
A. Internal Oaths
District Manager Teague stated that staff sent oaths to the State of Florida. The internal oath is an additional oath that remains in District records, and there is no fee for it as it is not filed with the State. At the first meeting after the start of the new term on November 19, 2024, the Board is required to consider Board reorganization. It will be discussed at the December meeting.
ELEVENTH ORDER OF BUSINESS H.O.A. Report
George Smothers reported that the 2025 budget proposal will be voted on next month, and in it there is a 5% increase, or $441, for Master dues. Some other subs are being raised by 7-9%. The Master Board is still considering whether to release comments on surveys this year.
TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments
There were no Supervisor reports, requests, or comments.
THIRTEENTH ORDER OF BUSINESS Audience Comments
Ray Segler asked for a tree in the preserve behind his home to be cut down. The Board noted that it is dead, and it poses a threat to District property, if not his property. The Board approved the request with the understanding that it will remain in the preserve after it has been cut down.