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Meeting Minutes for August 10th, 2021

Heritage Palms
Community Development District

The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Tuesday, August 10th, 2021 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)
Chris Pepin – Field Manager
Christopher Dudak – Assistant to the District Manager
Nancy Dudak – Assistant District Manager
Ken Lehman – HOA Master Board

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 were present. Also in attendance was Ken Lehman from the HOA Master Board as well as Art Carlson and Larry Harvey, former Board members . Christopher Pepin, District Field Manager, Christopher Dudak and Nancy Dudak of PDM participated via web conference.

SECOND ORDER OF BUSINESS Approval of the Agenda

The Board reviewed the Agenda.

On MOTION by Supervisor Lubozynski, second by Supervisor O’Brien, with all in favor, the Agenda was approved as submitted.

Chair Whitten requested that on future meetings any agenda topics with staff or guests be addressed earlier in the meeting if possible, to alleviate them sitting through the entire meeting.

THIRD ORDER OF BUSINESS Audience Comments on Agenda Items

There being no comments the next Order of Business was followed.

FOURTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for May 24, 2021

The Board reviewed the Minutes from the June 28th, 2021 meeting. Vice Chair Switzer asked for clarification about two previous questions on the annual audit of the financial statements. The first was on page 9 item 49, was a reclass for $3,500 the second was for $8,900 on page 5. The Board would like to know the response on this item.

On page 8 item 23, the minutes should read Eagle Reserve not Eagle Landing. There being no other corrections and

On MOTION by Vice Chair Switzer, seconded by Supervisor Lubozynski, with all in favor, the Meeting Minutes for June 28th, 2021 were approved as submitted.

FIFTH ORDER OF BUSINESS FY 2022 Budget Public Hearing

A. Resolution 2021-03 Adoption of FY 2022 budget

The District Manager reviewed the highlights of the proposed 2022 Budget. At 8:10 am the District Manager opened the public hearing. As there were no comments from the audience, the public hearing was closed at 8:11 am. There will be no increase in assessments, the fund balance will be $851,751. Designated reserves total $601,418. Undesignated reserves total $249,333. The Budget worksheet was included for the Board to review. The Board asked if there was a 10 year capital plan. There being no further discussion,

A MOTION to accept Resolution 2021-03 Adoption of the FY 2022 Budget was made by Supervisor Breisch, seconded by Supervisor Lubozynski, with all in favor and approved as submitted.

B. Resolution 2021-04 Approval of FY 2022 Assessment Levy

On MOTION by Supervisor O’Brien, seconded by Vice Chair Switzer, with all in favor Resolution 2021-04 Approval of FY 2022 Assessment Levy was approved as submitted.


A. Land Transfer on Bismark and Butterfly from HOA to CDD

The Attorney was not present however his communication regarding the potential transfer of property was included in the agenda packet. The Board had previously asked the attorney to review the history of land transfer issues concerning the roadways called Bismark Palm Way and Butterfly Palm Drive and sometimes identified as “driveways”. Former Supervisor Larry Harvey was present at the meeting and explained the history and answered questions. The Board was informed that the developer had initially deeded certain properties to the Heritage Palm Golf and Country Club and the CDD in an inconsistent manner.

Provided in the agenda packet, for the Board’s consideration were updated versions of the quit claim deeds, which were originally created in 2009 to remedy these ownership inconsistencies but were not executed at such time due to a joint decision of the Club and the CDD. After discussion, the Board decided not to pursue presenting these updated quit claim deeds to the Club as the current maintenance agreement that has been in effect since 2014, and is considered an equitable and functioning balance of responsibilities and costs between the CDD, the Club and the Sub-Associations. The Board decided that it was not worth the time, effort, cost and the difficulties of transferring ownership and renegotiating a new maintenance agreement. With this decision, it was agree to keep the status quo and as such,

A MOTION was made by Supervisor O’Brien, seconded by Chair Whitten, and passed 4 to 1 with Supervisor Lubozynski dissenting to leave the existing agreement in place as it currently stands.

B. Filling in Lake L-6 Feasibility Legality of Transfer to Private Hands.

Supervisor Breisch stated he was of the understanding that the Attorney would update the Board in writing on the Feasibility of the legality of transferring the land in question to the HOA. The District Manager stated the portion of the lake in question is not part of the storm water retention plan. The District Manager also stated he will ask the attorney to put his opinion in writing to the Board for the next meeting as it is evident that the residents are in favor of transferring that section of the lake and filling in the portion of the lake in question. The Engineer will be asked to have the property surveyed for review, if the attorney says it can be transferred to the HOA.

C. House Bill 53

The District Manager recapped the requirements of the new HB 53. The CDD will be required to have a 20-year Storm water management plan with 5-year updates written by the Engineer and submitted to the State.

D. Ranchette Fence Damages Demand Letter to Couch Family

The District Manager updated the Board on his conversation with the mother of one of the teenagers that allegedly have caused damage to the fence. The mother denies that her son had any wrong doing and will not pay for any damages to the CDD property. Photographs of the teenager were sent to the Mother. Chair Whitten stated he spoke with the community liaison officer from the police station and based on the conversation the police liaison felt he handled the situation by sending a “strong” message to the parents versus having detectives involved and a full police investigation. The Board agreed to have the attorney send a strong letter to the parents stating that if the child is seen on property again he will be charged with trespassing.

Additionally, the Board will consider painting the posts purple to designate additional to supplement the existing no trespassing signage if this in effect in the State of Florida.


There being none the Next Order of Business was followed.


A. Lodge Valley Gutter Replacement Discussion

A quote was presented from Conidaris Builders for $5,995, one from CSG Construction for $6,975 and one from County Concrete for $4,950 with an additional $2,200 for asphalt repairs. It was requested that the Field Manager, Engineer and Kevin Ammon, from the club work on a solution to present to the Board at the next meeting. It was noted by Mr. Ammon and Mr. Lehman that the HOA was willing to share in the cost of this project.


A. Resolution 2021-05 FY 2022 Meeting Schedule

The Board reviewed the proposed meeting dates for FY 2022 and

On MOTION by Supervisor O’Brien, seconded by Vice Chair Switzer, with all in favor Resolution 2021-05 was approved as submitted.

B. Fountain Maintenance Concerns

The current contract with Florida Fountains is $500 per maintenance event. The proposal from Solitude was presented at $435.00 per maintenance issue. Solitude already handles the aerator system in the community. After discussion and

On MOTION, by Supervisor O’Brien, seconded by Chair Whitten with all in favor, the Board agreed to terminate the existing agreement with Florida Fountains.

On MOTION, by Supervisor O’Brien, Seconded by Chair Whitten with all in favor the Board agreed to accept the proposal from Solitude to enter into a semi-annual service agreement for the fountains.

C. 11158 Wine Palm Drainage Discharge over Sidewalk

The Board approved that the homeowner, Brad Wilson can extend the drain to the curb/street. The Board will also request that the ARC committee consult the CDD for approval on future projects that impact drainage or the CDD property. The Board agreed that there will be no sharing of liability or costs for this project as this project should be at the homeowner’s expense.


A. Field Report for June

Chris Pepin gave an update on the Field Report.

  • There was a discussion on bulk heads.
  • Chris Pepin checked lake 26 for invasive plants and weeds. He found no significant issues.
  • The parts needed were received and Solitude should be out later in the week to finish the repairs to the fountain.
  • Solitude is scheduled to address several repairs to the aerators.
  • D& G has been on site and have repaired the asphalt issues in the roadway.
  • Supervisor Breisch asked if there was a snail issue in the community as he attended a presentation on treatment of snails that he found interesting and informative. The District Manager stated that Heritage Palms currently does not have a snail issue although several other communities do have issues with snails in the irrigation system.
  • The staff will arrange to have the CDD added to the list to receive free mosquito fish from the Mosquito Control District. Hopefully this will assist with the Midge fly population.

B. Follow-Up Items

i.Lake 11 Aerator Repair update.

The estimates was signed and returned to Solitue so they will complete the repairs in the next week or so.

ii. Eagle REserve Construction Garbage in Lake 30 Update.

During the last field inspection there was minimal trash observed.

iii. Fence Repairs.

Sunstate is returning later this week to finish the repairs on the fence if the area is dry enough. The 390 feet of fence on Tiger Palm is delayed due to standing water in the area. The fence in the preserve – The engineer, Sam is going to survey the property line and then Chris will get an estimate on repairs.


A. Financial Statements for June 2021

The District Manager reviewed the June financials with the Board and answered Board questions. The July 2021 financial statement was not ready for approval.

On MOTION by Vice Chair Switzer, seconded by Supervisor Lubozynski, with all in favor, the Board approved the June 2021 financials as submitted.


Ken Lehman gave an update from the HOA. The new General Manager that has started. Her email is

THIRTEENTH ORDER OF BUSINESS Supervisor Reports, Requests & Comments

Chair Whitten stated a homeowner came to visit him regarding an additional bubbler under the sidewalk. This homeowner, Mr. Fox has had issues with water due to the neighboring lot being higher in elevation than his lot. He requested assistance from the CDD which Chair Whitten stated he did not believe the CDD would be able to assist with the issue.


Larry complimented Christopher Dudak on the maintenance of the CDD website.


There being no further Order of Business, and

On MOTION by Vice Chair Switzer, seconded by Supervisor Lubozynski, with all in favor, the meeting was adjourned at 10:31 a.m.

Next Meeting: September 27th, 2021 at 8 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair