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Meeting Minutes for December 20, 2021

Heritage Palms
Community Development District

The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, December 20, 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)
Sam Marshall – Engineer
Dave Lionett – HOA
Bob Redar – HOA
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) 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, with Supervisor Lubozynski attending via web conference. Also in attendance were Cal Teague, the District Manager, Sam Marshall, the Engineer, Dave Lionett and Bob Redar from the HOA, and George Smothers, Resident. Christopher Dudak of PDM participated via web conference.

On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board agreed to allow Supervisor Lubozynski to attend via web conference.

SECOND ORDER OF BUSINESS Approval of the Agenda

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

THIRD ORDER OF BUSINESS Audience Comments on Agenda Items

There were no Audience comments on the Agenda.

FOURTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for November 22, 2021

On MOTION by Vice Chair Switzer, seconded by Chair Whitten, with all in favor, the Board accepted the Draft Meeting Minutes for November 22, 2021.


A. 11158 Wine Palm Drainage Issue Update

District Manager Teague reported that he spoke with Attorney Urbancic, and there had been no payment received from the two residents. After discussion, the Board agreed that they do not want to issue any stated indemnification to them in exchange for payment. The issue was tabled indefinitely.

Supervisor O’Brien arrived at the meeting at 8:06 a.m. during the discussion on 11158 Wine Palm.


A. Investigate if Blueprints Indicate Ownership/Intent of Lake L-6

Engineer Marshall stated that, according to his research, there was no intent for the land to be deeded to the HOA. Lake L-6 is CDD property. The Board’s understanding was that the property could legally be purchased or transferred to the HOA. The HOA representative stated that they would determine if the HOA could use it, but this decision would be made in the distant future.


There was no Old Business.


District Manager Teague reported on the following issues:

A. Street Sweeping Discussion

Field Manager Pepin found a company that submitted an estimate to sweep the entire community for $1,500. The company would not give an estimate for spot sweeping. It was suggested that the sweeping be done before the annual concrete cleaning, because of silt and debris from construction. The Board decided not to do the sweeping now. It will be reconsidered next year before the concrete power washing.

The Board requested that Field Manager Pepin check out the black tire marks on the sidewalks, which could have resulted from the power washing equipment.

The Board agreed that silt barriers should be installed during the golf course construction. A letter should also be sent to the HOA Board to remind them to do so, with a copy sent to Attorney Urbancic.

B. Bio-Blocker Discussion

In order to determine if the bio-blocks have been reducing the muck at the bottom of the lakes, Field Manager Pepin requested that Solitude submit a proposal to take muck samplings from Lakes 10, 14, 15, and 33. These samplings could be compared to the bathymetrics and coring samples for Lakes 15 and 33 taken in 2017. There is no previous data for Lakes 10 and 14. The Board agreed that data should be obtained from all lakes, with proposals for reducing the muck.

C. Failing Microsurfacing Discussion

The Board agreed that repair should be done on the areas identified in Field Manager Pepin’s field report.


A. Current Field Report

District Manager Teague summarized Field Manager Pepin’s report and the following issues were discussed:

The lakes were in overall good condition. Algae and shoreline weeds in the canals were of concern.

All aeration issues had been reported to Solitude. The lakes affected were Lakes 2, 11, 13, 14, 23, 29, and 33.

There were silt issues near the end of Gator Palm from the golf course renovations. Field Manager Pepin will pass this on to Greg Kriesch, maintenance superintendent, so it can be cleaned up.

The grass on the north berm needs to be cut, but the Board agreed that it should be determined if it belongs to the CDD or to the HOA. If the CDD owns it, Field Manager Pepin should see that it is cut. If it is HOA property, they need to be informed so that the grass can be cut.

Chris had sent a proposal from Conidaris to fix the concrete slabs identified in his report. The cost would be $1,495, and the Board would like to see if lower bids can be obtained. The Board would also like Field Manager Pepin to be sure to address the tree roots that are causing the damage.

B. Follow-up Item Updates

i. Fencing Repairs

This project is 100% complete. Sunstate Fence had returned to Heritage Palms and adjusted the fencing behind Tiger Palm.

ii. Lodge Valley Gutter Replacement

This project is 100% complete

iii. Lake Banks Trash Cleanup

This project has been completed.

iv. Pressure Washing Update

This project has been completed.

v. Penzance Gate Turnaround Asphalt Repairs

D&G has completed the repairs.

vi. Lake L-7 Bulkhead Repair

Artistic Structures has completed the repairs.

vii. Landscaper Coconut Removal

The landscapers have removed the coconuts.

viii. 7275 Sugar Palm Ct Storm Drain Safety Covering

Conidaris stated that they can install rebar slats into the concrete, but they have not been able to obtain multiple estimates. Conidaris submitted an estimate for $695. The Board decided to delay the decision until the next meeting.


A. Financial Statements for November 2021

District Manager Teague reviewed the financials. He reported that the District’s bank, Iberia, had been purchased by Horizon. The interest paid on investment rates were dropped, with no notice given that the note was reduced from .1 to .01%. District Manager Teague stated that Premier District Management was looking for alternate banking options, with the goal of no fees being assessed, and a guaranteed minimum be held for the interest rates that are being paid.

On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Financial Statements for November 2021 were accepted, as presented.


There was no report from the H.O.A.

TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments

Supervisor Breisch wondered if the ARC development company had been turned over to the Heritage Palms HOA. It was stated that it had.

He also reported that a resident in Heritage Palms Estates was concerned about drainage. It was determined that the Lake 15 aerator was not working.

Supervisor Breisch referenced Page 7 of last month’s minutes when they discussed finding another company, because the Board is unhappy with Solitude’s work. While he was handing over his water samples, he had met a representative from Advanced Aquatics. The representative stated that he would like to do work at Heritage Palms. District Manager Teague stated that Field Manager Pepin will look at Advanced Aquatics for possible services, and he is also considering other companies.

Supervisor Breisch wondered if the paver and brick issue on Sugar Palm had been resolved. It was stated that the bricks had been installed.

The Board discussed the property owned by a resident who has construction in process, and there is a concern that it is encroaching on the canal. They observed that it is unsightly. The Board members will take a look at the property.

Supervisor Breisch will not be at the next meeting, and Supervisor Lubozynski stated that he would attend via web conference. The staff needs to assure that there is enough attendance for a quorum.

Chair Whitten wondered if the Board meetings could be moved to the 3rd Monday of the month because of conflicts from time to time. It was decided to leave it as is, and they will discuss it again when the schedule for next year is formulated.


George Smothers asked who services the fountains in the District. He was told that it is Solitude.


On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Board agreed to adjourn at 10:28 a.m.

The Next Regular Meeting: January 24, 2022 at 8 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair