Heritage Palms Community Development District

The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, February 24, 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
Sam Marshall – Engineer, Atwell, LLC
Dave Slovak – HOA Liaison
George Smothers – Resident

Attending remotely:

Chris Pepin – Field Manager, Community Field Services
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.

The meeting was called to order at 8:00 a.m., and District Manager Cal Teague called the roll. Four Board members were present and constituted a quorum. Also in attendance were Mandie Rainwater, Assistant District Manager, Sam Marshall, the Engineer, HOA Liaison Dave Slovak, and Resident George Smothers. Attending remotely were Chris Pepin, the Field Manager, and Christopher Dudak, the Client Services Manager.

An amended Agenda was presented to add:

• 8B Resignation of Atwell Engineering
• 8C Discussion on RFQ for New Engineering Services
• 10G 11120 Sierra Palm Resident Damage to Grass Concern
• 10H Concrete Repair and Reflector Replacement Proposal

George Smothers stated that his councilman visited a few weeks ago and suggested that we contact Florida Fish and Wildlife Conservation Commission for advice on the Cane Toad issue.  Supervisor Anderson mentioned that he had called them, left a message, but they never replied to him.

Staff has received no interested applicants. Supervisors Anderson and Whitten stated that they have talked to a few people. Chair Whitten mentioned that he has one interested person with whom he is talking. District Manager Teague reiterated that a Qualified Elector is someone who is at least 18 years old, a citizen of the United States, a permanent legal resident of Florida, registered to vote in Lee County, and a resident in the Heritage Palms Community Development District.

Audio connection was lost.

There was no appointment to Seat 1.

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

No items were pulled.

B. Motion to Approve Consent Items

C. Consent Items

i. Draft Regular Meeting Minutes for January 27, 2025

ii. Financial Report for January 2025

There was discussion on the Financial Report.

Audio connection was restored.

iii. FEMA Update

District Manager Teague reported that all seven submitted projects were denied. Staff appealed all seven, and those appeals were all denied. This is what we expected, given how stringent FEMA has become with CDDs and private non-profits. FEMA was made aware of the revised post orders, but they still consider gates to be disqualified, because they place a restriction on free access to the public roads. They also stated that the stormwater system would not be needed were it not for the community, so it is not an essential component of a larger stormwater management system. In addition, its main purpose is to protect residents only, which is a subset of the public and not the public at large. Staff recommends no further appeals. This will be removed from the Agenda.

D. Consideration of Items Pulled for Discussion

There was no report from Attorney Greg Urbancic.

A. Paving Project Plan for Wine Palm and Seminole

Engineer Marshall noted that the City permit is ready, the County permit is still in review, and he is ready to bid.

There was a handout concerning a catch basin at 10509 Curry Palm that a resident reported is too low under grade and could be a trip hazard. Engineer Marshall investigated and suggested that the grate could be raised six inches, but higher than that would interfere with drainage.  He suggested that the Board ask Greg Kriesch to grade the slope and the sod around it, noting there is an area needing resodding on the golf course side. Engineer Marshall suggested that no permit should be needed for completing this work. Field Manager Pepin was concerned about finding a contractor for such a small job, and Engineer Marshall stated that he will provide names and coordinate with Field Manager Pepin. The Board approved raising thte structure no more than six inches and asking Greg Kriesch to grade and resod the area.

B. Resignation of Atwell Engineering

Engineer Sam Marshall is retiring at the end of April at the latest. He offered to help find a new engineering firm.

Audio connection was lost for a short period of time.

C. Discussion on RFQ for New Engineering Services

Audio connection was restored.

Engineer Marshall stated that Atwell has made a business decision to no longer provide services to CDDs, so different engineering firms need to be solicited. In the handouts was a Request for Qualifications (RFQ) for Engineering advertisement, which is statutorily required.  The Board approved this advertisement, and staff will work with Engineer Marshall and Chair Whitten, with the hope that responsive engineer(s) will be at the next meeting to answer questions. Staff will send the RFQ to Bowman, who purchased Hole Montes, and who provide services to some of Premier District Management’s other CDDs.

The Board thanked Sam Marshall for his years of service.

Supervisor Breisch renewed his request concerning the oak tree canopy, asking if there are permit requirements. District Manager Teague asked Engineer Marshall to research the DO for canopy requirements, which would be in the landscaping section. Engineer Marshall will follow up with Supervisor Breisch. The Board asked Engineer Marshall to forward his findings to the Board and also to Dave Slovak and George Smothers.

A. Cane Toad Prevention Program Discussion

Chair Whitten and Field Manager Pepin reported that they have not seen any toads or tadpoles lately. Chair Whitten stated that he had seen an article referring to spray that deterred or killed cane toads and/or tadpoles. The Board would like to be ready to ask Traci Irons Izzo to send an e-blast to the community when the CDD treatment actions are imminent. There was discussion about the intent of the CDD to address tadpoles and the HOA to address cane toads. The Board would like the HOA president and Traci to be given notice of the CDD’s position before the e-blast is sent. Staff will draft a statement of notice for the HOA regarding the CDD’s focus on tadpole removal and its intent to notify the residents and present it to the Board at the next meeting.

A. Discussion on Littoral Plantings on Lake L-2

Canna was planted for a homeowner on Lake L-2 in 2023, and a good portion of the plants have died off. There were pictures in the field report. This shoreline is shaded for most of the day, so how much growth there can be is an unknown. Field Manager Pepin believes that what remains of the planting two years ago, which is about 25%, will continue to grow and spread over time. The Board decided to take no action and monitor the natural growth rate of the Canna over a two year period. There was discussion on the location of littorals in the easement and private property, and what is more advantageous to the lakes.

B. ARC Request for Driveway Widening at 8011 Gator Palm

There were two handouts with requests to widen driveways which would affect the sidewalks. 11112 Seminole Palm Way asked to widen the driveway only on one side, and 8011 Gator Palm asked to widen the driveway on both sides. The CDD’s concern is not the cut in the sidewalk, but if the change would elevate the sidewalk. Staff was asked to contact Jan Donalson on the ARC committee to relay these concerns.

C. Washingtonia Palm Way Roadway Depression Repair Proposal

DG Pavement Solutions provided a quote of $1,998 to repair the depression in the roadway. More than likely settling has occurred in this area, which has caused the depression to form.  The Board deferred this proposal until the next meeting to allow the Board members to investigate the area on their own.

D. New Bids for Concrete Pressure Cleaning Annual Contract

Supervisor Breisch pulled his recommendation for the new pressure washing company, and the Board asked Field Manager Pepin to obtain a quote for renewal of services from the current vendor, hopefully at the same rate. The Board requested the next cleaning for November 2025.

E. Additional Fence Repair Proposal

These sections of damaged fence were discovered while field management was conducting the annual vegetation cutbacks along the perimeter fences. Field Manager Pepin is still waiting on a proposal.

F. Large Vegetation Removal from Fence Line Proposal

There are multiple very large Melaleuca and Brazilian Pepper trees that are leaning over the perimeter fence between Garland Street and Go Canes Way. Field Manager Pepin believes that the past few hurricanes have caused these tall trees to lean toward the fence, and they should be cut down before they fall and damage the fence. This was approved.

G. 11120 Sierra Palm Resident Damage to Grass Concern

The homeowner is concerned about potential sod damage along the side of their home due to the movement of sand to the Lake L-17 shoreline via the CDD easement. Gonzalo Ayres of Pristine Lakes has already spoken to the homeowner and explained that if the sod does not recover, he will replace it within the next week.

The Board suggested that the CDD should be more proactive in communicating with homeowners when work may impact their property. Such notifications will go through Traci Irons-Izzo and should be sent whether CDD easements are utilized or not.

H. Concrete Repair and Reflector Replacement Proposal

In the handouts was a proposal to grind down the concrete and fill in divots on the sidewalks at 19 locations. The proposal also includes replacing missing blue fire hydrant markers and storm drain markers. This was approved by the Board.

A. Current Field Management Report

Field Manager Pepin’s report was reviewed, and the following was discussed:

• The annual trimming of Canna has been completed.
• Supervisor Anderson asked if planktonic algae is growing on Lake 21, noting that it looked extensive, and asked if affected lakes are random or in a pattern. Field Manager Pepin stated that fertilization is the most common cause of extensive algae, but issues are otherwise random. He added that aging ponds collect muck, which will feed algae when it’s sunny. These issues are usually present in summer or winter. Field Manager Pepin will notify the vendor.
• The Board noted that Field Manager Pepin and Gonzalo Ayres of Pristine Lakes are very responsive to field issues.
• Supervisor Anderson asked about the prevalence of trash on the lakes. Field Manager Pepin noted that it peaks during the winter season.
• Field Manager Pepin noted some air stations have been reported to Fountain Kings, who schedule repairs or address needed repairs.
• Chair Whitten asked if Fountain Kings uses different diffusers than the prior vendor. Field Manager Pepin stated they use Vertex. The air patterns may look different, because they were adjusted during the recent maintenance event.
• They are finishing the lake bank erosion project where sod and geo tube were covering the area.
• Trespassers are still being seen on camera on Lake L-6. Chair Whitten will speak offline with Field Manager Pepin about getting more “no-trespassing” signs, as well as “no fishing” signs. The Board asked if there is a device with the ability to broadcast audio messages when trespassers are present. District Manager Teague suggested a security monitoring contract, which he estimated would be $10-$15,000 a year for 24 hour security monitoring. The concern was expressed that such an announcement could alert the presence of surveillance equipment, which could then be stolen or destroyed.
• The micro-surfacing is continuing to peel apart at 11078 & 11257 Wine Palm Road, and at 10436 Curry Palm Lane.  Chair Whitten suggested future placement of “no trucks” signs to keep heavy trucks away from these areas.

B. Follow Up Items

i. Cut Back of Fenceline Encroachments

Vegetation will be treated during the next maintenance event, which is scheduled to be completed by next month. Staff previously sent letters to homeowners on their encroachment on CDD fence lines, to which some have responded and some have not, despite multiple letters. Field Manager Pepin will treat the sections that remain on the fence.

ii. 11097 Sierra Palm Court Trash in Preserve Update

When Field Manager Pepin is next onsite he will check to see if the trash was removed.

iii. Fence Repairs Updates

All repairs have been completed except for the left gate arm at the Lake L-6 outflow. The existing pole has more concrete around it than anticipated, and they will use different machinery to move it. They hope to have this completed by February 25^th.

A. FY 2026 Budget Schedule

The Board was asked to consider projects or goals they would like to be included in the Budget and send them to staff. A draft of the proposed Budget was suggested to be presented at the April meeting. The adoption for the proposed Budget is suggested for May 19, 2025, because this is the last meeting before the June 15th deadline, and the Budget Public Hearing is proposed for August 25, 2025. However, the Board will not have a quorum for the May meeting, so the proposed Budget can be adopted at the April meeting, with a draft presented in March, or earlier.

Chair Whitten believes 2027 may be the time for an increase in assessments. The Board may ask District Manager Teague to draft another multi-year forecast for Budget year 2027 at different assessment amounts, as he completed a few years back.

B. FY 2024 Audit Report

District Manager Teague stated that this was a clean audit, stating that the monthly financials accurately reflect the District’s financial condition. It also indicates no issues of noncompliance, all the requirements for the fiscal year were met, and there were no findings last year or this year. The Board authorized the signature of the annual financial audit. Staff will load it to the District’s website.

Dave Slovak presented a report, noting that the HOA has a project plan. The Oasis project will be completed this summer. The estimate is that it is 3% to 5% over the approved cost, but it is under $10,000,000 in total cost. The reserve study should be completed this month, and there are approved long range financial plans. There is unexpected money from PPE and Employee Retention programs related to COVID, and the HOA has not yet decided how to utilize those monies.

Supervisor Breisch asked about a driveway issue on King Palm Way from many years ago, where the owner replaced his driveway with bricks, including the sidewalk.  Supervisor Breisch stated that there is a rumor that escrow money was part of the sale to the new owner, in case they were forced to repair the sidewalk. District Manager Teague noted that the issue had been dropped due to the legal costs to pursue it. He will ask Attorney Urbancic to assist in determining if the sale documents are public and might indicate the truth of this rumor.

There were no Audience comments.

The Next Regular Meeting is scheduled for Monday, March 24, 2025 at 8:00 a.m.