Meeting Minutes for January 27, 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, January 27, 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
Steven Martin – Engineer, Atwell, LLC
Dave Slovak – HOA Liaison
George Smothers – Resident
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. Four Board members were present and constituted a quorum. Also in attendance were Mandie Rainwater, Assistant District Manager, Sam Marshall, the Engineer, Steven Martin, Engineer, HOA Liaison Dave Slovak, and Resident George Smothers. Attending remotely was Christopher Dudak, the Client Services Manager.
SECOND ORDER OF BUSINESS Approval of the Agenda
The Agenda was approved as presented.
On MOTION by Supervisor Anderson, 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 Resignation of Supervisor Rawson
Supervisor Rawson’s resignation was in the packet, with an effective date of January 1, 2025, because he is moving out of the community. The Board accepted his resignation.
On MOTION by Vice Chair Switzer, seconded by Supervisor Anderson, with all in favor, the Board approved the resignation of Supervisor Chuck Rawson, effective January 1, 2025.
FIFTH ORDER OF BUSINESS Discussion on Seat 1 Vacancy
The vacancy is being advertised as a pop up on the website, which is a new feature. Staff has not received any applications from interested parties. Chair Whitten asked the Board to direct their recommendations to District Manager Teague.
It was noted that Supervisors Breisch and Anderson will not attend the May meeting, so there will not be a quorum, unless someone is appointed to the Board before then.
SIXTH ORDER OF BUSINESS Appointment to Seat 1
There was no appointment to Seat 1.
SEVENTH 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 Vice Chair Switzer, seconded by Supervisor Anderson, with all in favor, the Board approved all of the Consent items.
C. Consent Items
i. Draft Regular Meeting Minutes for December 16, 2024
ii. Financial Report for December 2024
iii. FEMA Update
District Manager Teague reported that four appeal denials of the seven appeals we have submitted have now been received. One of the appeal denial letters was included in the packet as a sample. This is as we have expected, and he stated that CDDs are being rejected because gates are restricting access, and facilities are serving the residents only, as defined in FEMA’s Public Assistance guidelines.
D. Consideration of Items Pulled for Discussion
EIGHTH ORDER OF BUSINESS Attorney
There was no report from Attorney Greg Urbancic.
NINTH ORDER OF BUSINESS Engineer
A. Paving Project Plan for Wine Palm and Seminole
i. Concrete Cost Estimates
Engineer Marshall submitted a handout, which showed stages of the paving project, indicating the proposed concrete areas by the Penzance Road gate. An estimate for the concrete is $225,000 for the initially proposed 1,000 square yards. The Board discussed ways to scale back the area to save on the cost. The Engineers suggested that one way to save on cost is to limit the concrete to the area inside the gate, because that is where construction vehicles will most likely turn around. They also noted that scaling up or down the concrete area does not affect the permit process. The paving plan stops at the City right of way and does not go out to the Penzance roadway, because the City prefers a pavement match in the right of way.
Engineers Sam Marshall and Steve Martin left the meeting at 8:18 a.m.
TENTH ORDER OF BUSINESS Old Business
A. Cane Toad Prevention Program Discussion
Field Manager Pepin stated that he has not seen toads in his recent inspections, and this is the least active time of year for them. At this time the Board is not interested in asking Dr. Johnson from FGCU to come and speak on invasive species. The Board asked to leave this on the Agenda.
ELEVENTH ORDER OF BUSINESS New Business
A. Stormwater Management System Visual Inspection Proposal
MRI had volunteered a proposal to visuallly inspect the entire storm system. It has been just under two years since the last inspection. The Board decided to wait until it has been three years from the last inspection and cleaning. Supervisor Breisch relayed that he had a call from resident Jody Bieber about a possible drainage issue on Heritage Palms Estates Drive. She was also concerned about oak tree leaves blocking catch basins. After discussion, the Board believed an official response to her complaint was prudent, and staff was asked to prepare a letter explaining the design of the stormwater system, and the adopted cleaning schedule. Chair Whitten will deliver the Board’s response to her and discuss it with her.
B. Quarterly Aerator and Fountain Maintenance Report
A quarterly fountain and aerator maintenance report from Fountain Kings was included in the packet, and a proposal for the recommended repairs was in the handouts. The Board approved this for $13,628, noting that this work was “catch up” work for what had been neglected by the prior vendor Premier Lakes. It was also noted that Fountain Kings is likely to inform the Board where repair is warranted, and where full replacement is warranted.
On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Board approved fountain and aerator repairs, not to exceed $13,628.
TWELFTH ORDER OF BUSINESS Field Manager
A. Current Field Management Report
Field Manager Pepin’s report was reviewed, and the following was discussed:
- He reported that Canna Lily trimming is in progress and should be completed by the end of month.
- The Oak tree behind 7418 Heritage Palms Estates will be removed by the middle of February.
The Board had the following questions:
- Referring to Page 51, Supervisor Breisch asked if it time for the District to perform the cutbacks of resident plant encroachment on the boundary fence and sending a bill to residents. Client Services Manager Dudak reminded the Board that the last round of letters warned the residents that they could be billed a minimum of $500 for the service, if performed by field management staff. District Manager Teague noted that Field Manager Pepin is authorized to cut back these encroachments when needed, and residents will be sent a bill if he does.
- Referring to Page 51, Supervisor Anderson asked why the City is responsible for the depression on Washingtonia Palm Way. District Manager Teague stated that, because it is close to the sanitary sewer line, the City may be responsible for it if the sewer is causing the depression, despite the roadways belonging to the CDD. Field Manager Pepin will continue to monitor it and continue to reach out to the City.
Supervisor Breisch stated that the Master ARC on Washingtonian Palm Way has an application requesting the removal of seven oak trees at the Verandas. The Board asked what the requirements are for removing oak trees. District Manager Teague mentioned there could be a canopy plan, and if there is a canopy plan, the permit may stipulate replacement if they are removed. The Board wondered if there a City requirement. Supervisor Breisch asked for an opinion before the ARC meeting on Thursday, and staff will ask Engineer Marshall. Supervisor Breisch added that ARC wants to replace them with palm trees.
B. Follow Up Items
i. Lake 8 NE Shoreline Restoration Schedule
Field Manager Pepin reported that this is still scheduled after Easter when there is less golf course traffic.
ii. Dead Oak Removal behind 7418 Heritage Palms Estates
Field Manager Pepin reported that this tree will be removed by the middle of February.
iii. 11097 Sierra Palm Court Trash in Preserve Update
A letter was sent before the December meeting telling them to remove trash, although noting that roofing tiles against the fence are alright for the time being. There was no update on this.
iv. 2024 Concrete Pressure Cleaning Update
Field Manager Pepin noted that this project is now complete. Chair Whitten stated that they did a great job and noted that their contract is up, and it is time to request new bids for annual service. Supervisor Breisch suggested the company Impeccably Clean for a new quote, and he will provide staff with their contact information.
v. Fence Repairs Updates
Field Manager Pepin stated that these repairs are expected to be completed by the middle of February.
vi. Aerator Compressor Replacement Lakes 9 and 11
These were approved in the proposal from Fountain Kings above.
vii. Covering Up Exposed Geo Tubes on Lakes L-3, L-4 & L-17 Update
Field Manager Pepin stated that they anticipate that this project will start in the middle of February. Chair Whitten asked if Greg Kriesh had responded to the request to allow storage. Field Manager Pepin will be asked to follow up.
THIRTEENTH ORDER OF BUSINESS District Manager
District Manager Teague had nothing further to report.
FOURTEENTH ORDER OF BUSINESS H.O.A. Report
Dave Slovak stated that the Master is finishing its reserve study and is close to selecting someone to help develop a long-range plan.
The Association was approved for $2.5 million for recovery from Covid, which is different than the PPE recovery amount of $1 million, for the retention of employees. The HOA Board has not decided what to do with the funds. A reserve study will provide options for using the money.
Mr. Slovak reported that a resident told him that an aerator on his property is very loud.
FIFTEENTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments
There were no Supervisor reports, requests or comments.
SIXTEENTH ORDER OF BUSINESS Audience Comments
George Smothers mentioned a damaged fence, at 12 Sable, and District Manager Teague stated it is on the list to be repaired. The remaining comments about a water feature were not audible.