Meeting Minutes for April 27, 2026
Heritage Palms Community Development District
A regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was scheduled on Monday, April 27, 2026 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.
Supervisors present and constituting a quorum were:
Mike Whitten – Chair
Stan Switzer – Vice Chair
Bob Breisch – Assistant Secretary
Brian Anderson – Assistant Secretary
MaryAnn Ferry – Assistant Secretary
Also attending in person were:
Mandie Rainwater – District Manager, Premier District Management (PDM)
George Smothers – Master Board Liaison
Daniel Schroeder – AIM Engineering & Surveying
Also attending remotely:
Chris Dudak – Client Services Manager, PDM
Michael – Caller
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 Rainwater called the roll. Chair Whitten, Vice Chair Switzer, Supervisors Breisch, Ferry and Anderson were present and constituted a quorum. Also in attendance were District Manager Mandie Rainwater, Master Board Liaison George Smothers and Daniel Schroeder from AIM Engineering & Surveying, with Client Services Manager Chris Dudak and Caller Michael attending remotely.
SECOND ORDER OF BUSINESS Approval of the Agenda
The agenda was approved as amended, adding Items 4Cv and 8C.
On MOTION by Vice Chair Switzer, seconded by Supervisor Anderson, with all in favor, the Board approved the Agenda, as amended
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
George Smothers announced that he is now the Master HOA Liaison to the CDD.
FOURTH ORDER OF BUSINESS Consent Agenda
A. Items to be Pulled from Consent Section for Discussion by the Board
No items were pulled. District Manager Rainwater announced the registered voter count of 1,338 as of April 15, 2026. Elections qualifying was briefly discussed and there are two seats up for re-election. Client Services Manager Dudak will email Chair Whitten and Vice Chair Switzer directly with detailed qualifying information.
B. Motion to Approve Consent Items
On MOTION by Supervisor Breisch, seconded by Supervisor Anderson, with all in favor, the Board approved the Consent Agenda as presented.
C. Consent Items
i. Draft Regular Meeting Minutes for March 23, 2026
ii. Supervisor of Elections Voter Count: 1,338 as of April 15, 2026
iii. 2026 Elections Qualifying Information
iv. Financial Report for February 2026
v. Financial Report for March 2026
D. Consideration of Items Pulled for Discussion
FIFTH ORDER OF BUSINESS Attorney
The Attorney did not provide a report; however, District Manager Rainwater reminded the Board that Form 1 is due by July 1, 2026.
SIXTH ORDER OF BUSINESS Engineer
A. Review of Engineer’s Probable Costs Sheet and Community Roads to Provide Recommendations for Delayed Repair
The Board reviewed the Engineer’s statement of probable costs and roadway conditions report prepared by AIM Engineering dated July, 2025. Engineer Daniel Schroeder was present and explained that roadway repaving costs are expected to continue increasing over the next ten years. He stated, however, that the July 2025 cost projections remain a reliable tool for long‑term budget planning.
The Board discussed that Gator Palm and King Palm appear to be the next roads needing attention, which is consistent with the FY 2027 plan identified in the report, including Gator Palm, King Palm, Sugar Palm Court, and Queen Palm Lane. Supervisor Anderson reported that Collier Paving confirmed all pricing remains locked in under the current contract. The Board discussed asphalt application methods. Engineer Schroeder recommended using a single‑lift asphalt application, stating it would be stronger and more effective than a two‑lift approach. Staff noted that an updated proposal from Collier Paving reflecting a single‑lift, 1.5‑inch application is pending.
The Chair requested confirmation of the asphalt lift used for the 2023 Heritage Palm Boulevard entrance repave. Staff will research and report back to the Board.
B. Sidewalk/Crosswalk Prioritized List Discussion
Engineer Schroeder presented two handouts related to sidewalk and crosswalk priorities. One handout prioritized intersections to align with future roadway paving projects through 2033, with the first project estimated at approximately $18,000. The prioritization key identified intersections with more immediate needs in red and those in better condition or requiring less modification in yellow. Red items are intended to be completed in conjunction with mill and repave projects, while yellow items would be addressed as as alteration projects.
Engineer Schroeder stated that the current mill and repave project would be considered maintenance, and ADA upgrades would not be required at this time. He further advised that the District would not incur liability unless it failed to make improvements when legally obligated.
The Board discussed whether to limit improvements to only what is legally required or to consider more exclusive modifications. A suggestion was made to have the Master HOA coordinate a resident survey regarding support for crosswalk improvements at an estimated cost of $18,000 per intersection.
On MOTION by Chair Whitten, seconded by Supervisor Anderson, with all in favor, the Board agreed to table this discussion on the next agenda.
SEVENTH ORDER OF BUSINESS Old Business
A. Wine Palm & Seminole Palm Mill and Repave
i. Board to Decide on Adding Alternative Bid for Penzance Gate
The Board discussed the alternate bid to add 8‑inch‑thick concrete inside the Penzance Gate to accommodate heavy vehicle turnarounds. After discussion, the Board voted to proceed with the base bid only, excluding the alternate bid, and directed that the base bid be revised to reflect a 1.5‑inch asphalt depth instead of the 1.7 inches noted in areas outside the Penzance right‑of‑way.
On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Board approved the base bid only, and directed the asphalt depth be revised to 1.5 inches in item 1 of the base bid.
It was noted that trash pickup occurs on Tuesdays and Fridays, correcting page 33 of the packet.
ii. Board to Decide on Adding Parking Stripes Back after Repave
The Board discussed re‑installing T‑parking striping on Seminole Palm Way near the Tiki Lodge due to parking overflow of the lot. The Board directed staff to request a change order to use painted striping rather than thermoplastic, and to include the replacement of the yellow reflectors with thermoplastic striping as previously directed.
On MOTION by Supervisor Breisch, seconded by Chair Whitten, with all in favor, the Board approved a change order to use paint for T‑parking striping on Seminole Palm Way.
Supervisor Breisch left the meeting at 9:22 a.m.
Engineer Schroeder left the meeting at 9:23 a.m.
B. Cleaning L-3 Catch Basin behind 11212 Wine Palm Road
Before‑and‑after photos and the Sewer Viewer field report documenting the cleaning of the WEB catch basin outflow were included in the agenda packet.
i. Ratify Proposal to Clean WEB: $1,660
This proposal had been approved by Chair Whitten and District Manager Rainwater following the March meeting. The work was completed successfully. Potential measures to reduce future debris accumulation were noted for discussion under a subsequent agenda item.
Supervisor Breisch returned to the meeting at 9:25 a.m.
On MOTION by Chair Whitten, seconded by Supervisor Ferry, with all in favor, the Board ratified the proposal to clean catch basin WEB for $1,660.
ii. Proposal to Build Up Area Around Catch Basin
Chair Whitten recommended stabilizing the area surrounding the recently cleaned WEB catch basin near 11212 Wine Palm Road with riprap. A proposal from Pristine Lakes and Wetlands, included in the agenda packet, provided for site clearing, installation of filter fabric and riprap stone, and regrading of the area, at a total cost of $600.
On MOTION by Chair Whitten, seconded by Supervisor Anderson, with all in favor, the Board approved the proposal from Pristine Lakes and Wetlands, to build up the area around the catch basin for $600.
EIGHTH ORDER OF BUSINESS New Business
A. Proposal to Visually Inspect All Stormwater Structures: FLGIS
Field Manager Pepin noted that the $14,000 proposal from FLGIS exceeded the cost of the prior inspection completed three years earlier. It was explained that the previous inspection covered 319 structures and excluded pipe ends within lakes, whereas the current proposal includes inspection of 670 structures, including lake pipe ends, which require additional time.
On MOTION by Chair Whitten, seconded by Supervisor Breisch, with all in favor, the Board approved the proposal from FLGIS to visually inspect all stormwater structures for $14,00.
B. Proposal to Repair Open Fencing Issues
The proposal from Elite Fencing totals $3,850 to address fence repairs identified by Field Manager Pepin over the past several months. The work involves 4’ preserve line fencing, with damage attributed to age and rust.
On MOTION by Supervisor Breisch, seconded by Supervisor Anderson, with all in favor, the Board approved the proposal from Elite Fencing to address fence repairs for $3,850.
C. Aerator Repairs Lake 7, 21, 29, and L-17
The Board reviewed a proposal from Fountain Kings to replace four air stations and install one 100‑foot airline, including labor, shipping, and a five‑year warranty, totaling $2,697.92.
On MOTION by Chair Whitten, seconded by Supervisor Ferry, with all in favor, the Board approved the proposal from Fountain Kings to replace four air stations and install one 100‑foot airline for $2,697.92.
NINTH ORDER OF BUSINESS Field Manager
A. Current Field Management Report
District Manager Rainwater reviewed the field report, and the following items were discussed:
- Most remaining aerator issues have proposals in place to replace air stations, as noted earlier in the meeting. Lakes 11 and L‑8 still need to be addressed by Fountain Kings.
- Cane toad activity was reported at Sable 7 and Sable 15, with tadpoles observed by Supervisor Anderson. Field Manager Pepin was notified, and residents were reminded to report sightings to staff and Field Manager Pepin.
Chair Whitten left the meeting at 9:32 a.m.
- Recent heavy rains have increased lake bank erosion in several areas. While the washouts are currently minor, repairs will be needed in the future.
- Green algae remains around the bench at the fishing pier. Field Manager Pepin suggested pressure cleaning, and staff will investigate whether the pier is a CDD asset.
Chair Whitten returned to the meeting at 9:46 a.m.
- The City of Fort Myers completed a substandard repair following a mainline break in front of 10527–10537 Washingtonia Palm Way. Staff will contact the City to request that the work be corrected.
- The Board requested the Field Manager to get a proposal to patch areas on Curry Palm and Queen Palm where micro‑surfacing is deteriorating.
- Replacement of a downed bollard was discussed. Chair Whitten suggested not replacing the downed Bollard, and replace only the two bollards closest to the gate following completion of the paving project. Staff will inform Collier Paving.
- A Ficus branch hanging over a fence was removed. Additional branches over shrubbery remain, and Chair Whitten will follow up on their removal with Greg Kriesch.
- Field Manager Pepin will replace the missing blue fire hydrant marker at the intersection of Heritage Palms and Curry Palm.
- Chair Whitten expressed concern regarding a prior repair near the manhole cover in front of 10420 Wine Palm Road and will follow up with Field Manager Pepin.
B. Follow-up Items
i. Aerator Compressor Diagnosis for Lakes 29 & 33
Fountain Kings inspected the system and restored the compressor to operational condition.
TENTH ORDER OF BUSINESS District Manager
A. Proposed FY 2027 Budget Discussion
i. Assessment Increase Matrix of $525
District Manager Rainwater reported that page 25 of the agenda packet included the assessment impact table previously presented, updated to reflect the proposed $525 assessment level and its projected effect on the fund balance over three and five year periods. The projections are based on anticipated annual roadway projects using the Engineer’s prior cost estimates. While the $525 assessment level reflects a positive fund balance compared to prior scenarios, the District Manager noted that the projections involve multiple assumptions and cost uncertainties. All else being equal, this assessment level is expected to fund all of the planned roadway projects.
On the following page of the packet was a table showing the raw income generated from $525, $575 and $625 assessment levels. These show the gross amounts over net amounts (net = minus tax collection fees and potential discounts for early payment). This net number is then plugged into the budgets.
ii. First Draft FY 2027 Budget
Included in the handouts were two versions of the draft budget. The budgets were identical except that the $525 assessment level reflected net revenues with an estimated shortfall of approximately $270,000, while the $625 assessment level reflected an estimated shortfall of approximately $115,000. It was noted that any shortfall would be funded from the District’s fund balance, which currently includes $675,000 in roadway reserves and $587,802 in unassigned funds.
On MOTION by Supervisor Breisch, seconded by Supervisor Anderson, with Supervisor Breisch and Vice Chair Switzer voting in favor and three voting against, to move forward with an increase to the Fiscal Year 2027 Proposed Budget Operations and Maintenance Assessment to $525, without scheduling a budget workshop, and with intent to revisit the need to increase assessments annually. The Motion failed.
On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, to move forward with an increase to the Fiscal Year 2027 Proposed Budget Operations and Maintenance Assessment to $575, without scheduling a budget workshop, and with intent to revisit the need to increase assessments annually. The Motion carried.
B. 11143 Ranchette Road Metal Object on Fence Update
Following a second certified notice, the object was located and removed. Chair Whitten verified removal of the object and repositioned a tire away from the fence. Field Manager Pepin will assess the fence for any damage.
C. Probable Insurance Update due to New Legislation on Sovereign Immunity
District Manager Rainwater provided an update on HB 145, which has passed both legislative chambers and is awaiting the Governor’s signature. The legislation increases the sovereign immunity tort caps from $200,000 to $350,000 per person and from $300,000 to $500,000 per occurrence and may impact insurance rates during the upcoming renewal period.
ELEVENTH ORDER OF BUSINESS H.O.A. Report
George Smothers reported that he is the new Master HOA Liaison to the CDD and noted that repairs to the entrance waterfall feature are under consideration. He also reported a hole near the sidewalk that the CDD recently repaired in front of his residence, which staff will report to Field Manager Pepin. The Board discussed HOA assessment increases, concerns related to golf course renovations, project cost transparency, and the use of reserve funds.
TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments
A. Next Meeting Quorum Check
Chair Whitten discussed a resident request to extend hours that the fountain light is on at Lake 8 fountain.
Supervisor Anderson will be attending remotely in May and for the rest of summer as he returns north.
THIRTEENTH ORDER OF BUSINESS Audience Comments
George Smothers reminded everyone about the recent Master HOA survey.