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Meeting Minutes for April 28, 2025

Heritage Palms Community Development District

The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, April 28, 2025 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
Brian Anderson – Assistant Secretary

Also attending were:

Cal Teague – District Manager, Premier District Management (PDM)
Mandie Rainwater – Assistant District Manager, PDM
Jerron Hull – CEO, AIM Engineering & Surveying
Jamie Wilson – Engineer, AIM Engineering & Surveying
George Smothers – Resident
Alyse Grohowski – Resident
MaryAnn Ferry – Resident

Arriving later:

Carl Barraco – Engineer, Barraco and Associates
Frank Savage – Engineer, Barraco and Associates
Charlie Krebs – Engineer, Bowman

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, CEO Jerrod Hull and Engineer Jamie Wilson of AIM Engineering & Surveying, and Residents George Smothers, Alyse Grohowski, and MaryAnn Ferry. Arriving later were Engineers Carl Barraco and Frank Savage of Barraco and Associates, and Engineer Charlie Krebs of Bowman. Attending remotely was Christopher Dudak, the Client Services Manager.

SECOND ORDER OF BUSINESS Approval of the Agenda

On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Board approved the Agenda, as presented.

THIRD ORDER OF BUSINESS Audience Comments on Agenda Items

There were no Audience comments on Agenda items.

FOURTH ORDER OF BUSINESS Discussion on Seat 1 Vacancy

In the packet were four statements of interest from qualified electors of the District. They included statements from Nita Janowiak, Gordon Kaufman, Marlene Kluch, and MaryAnn Ferry.  The Board decided to table this until later in the meeting, or possibly for a continuation meeting, due to the predicted length of this month’s meeting. This item was discussed at the end of the meeting during Supervisor Reports, Requests, and Comments.

On MOTION by Vice Chair Switzer, seconded by Supervisor Anderson, with all in favor, the Board approved tabling the discussion on the Seat 1 vacancy.

FIFTH ORDER OF BUSINESS Appointment to Seat 1

This item was tabled.

SIXTH ORDER OF BUSINESS Consideration of Board Reorganization Resolution

This will be considered after an appointment, as required by statute.

SEVENTH ORDER OF BUSINESS Engineering Services RFQ Update

A. Presentations / Interviews

i. 8:30 AIM – Jamie Wilson

The AIM team presentation began at 8:05 a.m. It was stated that Jerrod Hull is the CEO, Dan Schroeder is the Senior Project Engineer, and Jamie Wilson is the Project Manager and would be the primary person to attend the meetings. At 8:16 a.m. the Q&A began. The Board and District Manager Teague asked many questions on various topics, including experience with NPDES reporting, BMAP, preferences on shoreline restoration techniques, with the Board noting that almost all Heritage Palms CDD shoreline repairs have been with Geotube and will need ongoing maintenance. The AIM representatives stated they had experience in all these areas. The Board described the relationship it enjoyed with Sam Marshall of Banks Engineering, with whom short discussions were not itemized on every bill, and he would often be asked to inspect an area of the community on his way to, or away from the meetings, and provide an opinion.  AIM indicated that they could continue in this vein. Document transfer and continuity of business were discussed. AIM indicated that there will be no cost to the District for AIM’s inauguration, and they will manage the procurement of any needed records from Engineer Marshall. Also discussed was Ms. Wilson’s experience with other CDDs, both with AIM and during her previous employment with another engineering firm. AIM explained that they have good contacts with the City and County, much the same as Sam Marshall. Ms. Wilson and AIM indicated that their plan is to remain the District’s engineer for the next 25 years.

The interview ended at 8:52 and there was a short break.

ii. 9:00 Barraco – Frank Savage

Carl Barraco and Frank Savage arrived at 9:01 am

A brief introduction of the Barraco team started at 9:01 a.m. and quickly transitioned to Q&A. Carl Barraco is the Principal and Frank Savage is the Project Manager, who would be the primary engineer to attend the meetings. Doug Tarn, who was not present, would serve in Field Operations. The firm is 25 years old and has worked for many CDDs, and District Manager Teague has long experience working with them. Many topics were discussed, including the roadway mill and repave that is near bidding stage. Barraco noted that the level of roadway maintenance is set by the desires of the Board, and they have experience with public roadways. Barraco stated its preference for clear and frequently updated asset ownership maps, and is against the aesthetics of Geotube, noting they have experience with this method, as well as coconut matting, crushed shell, and simply sod and littorals. They have an engineer who specializes in NPDES reporting and they have other CDDs who are active co-permittees. The transition of the roadway project and records transfer were discussed, and it was noted that Sam Marshall would remain the engineer of record for design. Barraco would be the engineer of record for construction, and this is often the case for such projects. Mr. Barraco noted that he has a good relationship with Sam Marshall regarding collection of records and continuity of service.

Carl Barraco and Frank Savage Left at 9:38 a.m.

District Manager Teague stated that Barraco has required payment for the transfer of records in the past for Colonial Country Club CDD and Laguna Lakes CDD, which he believed were already paid for and owned by the respective districts.

iii. 9:30 Bowman – Charlie Krebs

Charlie Krebs arrived at 9:41 a.m.

Charlies Krebs, Director of Civil Engineering at Bowman, FKA Hole Montes, which was acquired by Bowman in 2023. Bowman is a full-service firm, though they do not have an in-house architect. When asked about his future plans, he stated that he would like to retire in 10 years and desired to pass his work to his staff. He was asked why he transitioned away from the POC at Habitat CDD, and he explained that he had a disagreement on the value of a microsurfacing project that the Board was in favor of. His professional opinion was that the road dictated a different project, and he believes in stating his opinion. In the end, the Chair of that District asked for a different engineer at Bowman to assume the position. Geotube was addressed with Mr. Krebs, and he stated that it works well if the sod is staked into it. They discussed roadway project transition. Their GIS use includes flying drones to create a 3D surface map. It was stated that they have in-house bathymetric testing and mapping capability. He was asked if he had any issues with the Bowman merger, and he stated that it provided them with many additional in-house engineering assets. Bowman did not desire to change the existing Hole Montes office culture. He was asked about billing, and he noted that they will only bill for the time in meetings. There is travel time, as well, but there would be none for remote attendance.

Charlie Krebs left at 10:24 a.m. and there was a short break. They returned from break at 10:28 a.m.

District Manager Teague stated that Atwell has already been billing for items that Sam Marshall did not before the acquisition of Banks.

B. Ratings of Qualifications

A qualifications sheet was in the packet. The Board decided to delay registering their ratings until the end of the meeting, or possibly in a continuation meeting.

C. Consideration of Entering Negotiations for Services

The Board decided to delay this until the end of the meeting, or possibly in a continuation meeting.

EIGHTH ORDER OF BUSINESS Consent Agenda

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

No items were pulled.

B. Motion to Approve Consent Items

On MOTION by Supervisor Anderson, seconded by Vice Chair Switzer, with all in favor, the Board approved all of the Consent items.

C. Consent Items

i. Draft Regular Meeting Minutes for March 24, 2025

ii. Financial Report for March 2025

D. Consideration of Items Pulled for Discussion

NINTH ORDER OF BUSINESS Attorney

A. Crimaldi Sidewalk Damage on King Palm Discussion

The Board had asked if staff could obtain a history of the records on this item. Included in the packet was an email thread with some history shared by Supervisor Breisch and Jan Donaldson of the ARC. This was followed with information from the approved minutes, and with emails and other sourced information, which added to the timeline of events.

There was a motion to table this for the next meeting, but it was withdrawn. The Board instead acted to take no further action on this matter, stating that it was principally an ARC concern, and that it was so far in the past as to be beyond the reasonable ability of the CDD to seek remedy.

On MOTION by Chair Whitten with no second, for the Board to table the Crimaldi sidewalk damage on King Palm discussion. Motion withdrawn.

On MOTION by Vice Chair Switzer, seconded by Supervisor Anderson, with 3 in favor, and Supervisor Breisch opposed, the Board approved taking no further action on the Crimaldi sidewalk damage on King Palm.

TENTH ORDER OF BUSINESS Engineer

A. Paving Wine Palm and Seminole Bid Packet Update

Before the meeting, Chair Whitten had thought it best to delay this until the fall, after the Oasis/Tiki Bar work is complete, so the bid has not been advertised. The bid package was completed by staff, with the County permit approved, Engineer Marshall’s project description complete, and with the bid packet sent to Attorney Urbanic for review. The Board noted that Engineer Marshall had previously stated that once a contractor is awarded a project, they can extend the permits if needed, noting that they are initially good for only six months.

B. Recommendation 5-Year Community-wide Roadway Milling and Repaving Needs

In the packet was a chart and display that illustrates the individual streets with square yard totals and a price per square yard of $20, which was provided by District Manager Teague.  He noted that $20 per square yard is a recent number, and not the figure from several years ago when this display was created. Chair Whitten believed that a 2022 Agenda packet has information on road distances and recommendations on a paving timeline and costs.  He will search for it and report to staff, as staff was unable to find this prior to the meeting.

C. Washingtonia Palm Way Roadway Depression Core Sample

Field Manager Pepin reported that D&G is scheduled to complete the roadway repair on May 15th. The asphalt will be removed between 8:30 – 9:00 a.m., and the District Engineer can obtain their core sample then. The approved plan is for 3 areas totaling approximately 222 square feet of pavement repair. This includes saw-cutting and excavating existing asphalt, hauling it off-site for disposal, and installing approximately 3 tons of FDOT S-III at a depth of approximately 4″ compacted. It was noted that Engineer Marshall had recommended this. The Board accepted this update, and it confirmed its prior approval of this project at the prior meeting.

D. Garage Flooding at 10487 Washingtonia Verandas I

After the last meeting, Engineer Marshall stated he would inspect the area and determine if there is a CDD pipe south of 10487 Washingtonia, as regards to the Verandas I garage flooding issue. He has not contacted staff as of yet.

ELEVENTH ORDER OF BUSINESS Old Business

A. Cane Toad Prevention Program Discussion

On April 10, Community Field Services was authorized to rake out the tadpoles from Canal C-7 near the cart bridge adjacent to Lake L-9. Many tadpoles were removed that day. However, there was a heavy presence of algae and muck on the east side of the bridge, and they could not safely remove the tadpoles from that area. 2,000 tadpoles have been removed so far.

Chair Whitten submitted a final version of the Board’s approved statement on its plan to treat only cane toad tadpoles, and Carol Jablonsky and Traci Irons Izzo are now planning to distribute it to the community.

B. Pressure Cleaning Annual Contract New Bid(s)

There were updated proposals in the handouts, which replaced those in the packet. Three bids were obtained. Both Triple Crown and Premier Pressure Cleaning verbally stated that their pricing is well below the current rates and that Heritage Palms is getting a very good deal.

  • Triple Crown Pressure Cleaning: $18,500
  • Premier Pressure Cleaning: $19,000
  • Impeccably Clean Pressure Washing: $33,133.40

The Board approved the Triple Crown Pro Wash quote for $18,500, provided that they will be flexible on the timing and work around the fall mill and repave project, and that there is no cancellation fee, which had already been removed from the updated proposal.

On MOTION by Supervisor Breisch, seconded by Chair Whitten, with all in favor, the Board approved Triple Crown Pro Wash for community pressure washing, not to exceed $18,500, provided that the contractor will be flexible to work around the fall roadway mill and repave project.

TWELFTH ORDER OF BUSINESS New Business

A. Additional Fence Repairs Proposal

Field Manager Pepin noted that, while his team conducted the annual vegetation maintenance to the perimeter fence, they observed several more areas with rusted out fencing. Included in the packet was a proposal for $7,300 to complete the repairs identified.

The Board provisionally approved this, asking Field Manager Pepin to explain the need for repairing fences in remote areas, where trespass does not seem likely. They could not understand the images on pages 64-66 of the packet, which did not seem to indicate fence lines.  He has authority to go forward after consultation with Chair Whitten, if they concur on the need to repair all of these fences.

On MOTION by Supervisor Anderson, seconded by Vice Chair Switzer, with all in favor, the Board approved additional fence repairs, not to exceed $7,300.

B. 11284 Wine Palm Fence Gap Discussion

Field Manager Pepin noted that the small gap can be fenced off for about $500. This was approved.

On MOTION by Chair Whitten, seconded by Supervisor Anderson, with all in favor, the Board approved the 11284 Wine Palm fence gap repair, not to exceed $500.

C. Fountain and Aerator Report

Included in the packet was the most recent maintenance report from Fountain Kings. The Board expressed gratitude that Fountain Kings is more thorough and proves to be a better value than the prior firm.

THIRTEENTH ORDER OF BUSINESS Field Manager

A. Current Field Management Report

District Manager Teague asked the Board to send any questions on the field report to him after the meeting, due to the extreme length of this meeting.

B. Follow Up Items

Field Manager Pepin reported that Lake 8 shoreline repairs are still scheduled to begin in May.

FOURTEENTH ORDER OF BUSINESS District Manager

A. FY 2026 Proposed Budget

The Board confirmed that it will have a quorum in May, so the Proposed Budget will be pushed back to the original date on the Budget schedule and will be presented at the next meeting.

i. Comparison of Various Assessment Rates

There was discussion on various strategies for increasing assessments in Fiscal Year 2026 or delaying them until Fiscal Year 2027. The current draft of the Proposed Budget is balanced, with no increase to assessments.

ii. Resolution 2025-02 to Approve Proposed Budget and Set Public Hearing

The Board confirmed that it will have a quorum in May, so the Proposed Budget and the Public Hearing Resolution will be pushed back to the original date on the Budget schedule and presented at the next meeting.

B. District Voter Count: 1,301

The District registered voter count was read into the minutes before June 1, as required annually by Florida Statutes.

FIFTEENTH ORDER OF BUSINESS H.O.A. Report

There was no HOA report.

SIXTEENTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments

Supervisor Anderson asked if there is a history explaining why Butterfly Palm, Bismarck Palm, and McArthur Palm are not owned by the CDD. Chair Whitten and District Manager Teague explained that these roadways are designated as “parking lot access” and were dedicated on the plats to the HOA.

Vice Chair Switzer commented that he is concerned about the length of recent meetings.

Chair Whitten asked what the Board would like to do about the engineering qualifications ratings and possible negotiation of the contract. The Board discussed the interviews and completed the qualifications ratings sheet. When they were tallied, it indicated that AIM Engineering and Surveying was ranked the highest.

On MOTION by Supervisor Breisch, seconded by Supervisor Anderson, with all in favor, the Board authorized the District Manager and the Attorney to negotiate a contract for engineering services with the highest rated engineering firm: AIM Engineering and Surveying.

SEVENTEENTH ORDER OF BUSINESS Audience Comments

MaryAnn Ferry asked about the Field Manager’s role, and it was explained by District Manager Teague.  Ms. Ferry then left the meeting.

EIGHTEENTH ORDER OF BUSINESS Adjournment

The Board voted to begin discussion on the tabled Board vacancy. After much discussion on all of the applicants, the Board agreed to appoint MaryAnn Ferry to the remaining term of Seat 1. The Board directed staff to send notification letters to the non-selected candidates with sincere thanks for their willingness to serve.

On MOTION by Supervisor Anderson, seconded by Supervisor Breisch, with all in favor, the Board appointed MaryAnn Ferry to the remaining term of Seat 1 which was vacated by Supervisor Rawson on January 1, 2025.

On MOTION by Supervisor Anderson, seconded by Vice Chair Switzer, with all in favor, the Board agreed to adjourn at 1:08 p.m.

The Next Regular Meeting is scheduled for Monday, May 19, 2025 at 8:00 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair