Meeting Minutes for July 22, 2024
Heritage Palms Community Development District
The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, July 22, 2024 at 8 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
Chuck Rawson – Assistant Secretary
Also attending were:
Cal Teague – District Manager, Premier District Management (PDM)
Mandie Rainwater – Assistant District Manager, PDM
Sam Marshall – Engineer, Banks Engineering
Attending remotely were:
George Smothers – Resident
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 Teague called the roll. Four Board members were present. Also in attendance were Cal Teague, the District Manager, Mandie Rainwater, Assistant District Manager, and Sam Marshall, the Engineer. Attending remotely were George Smothers, Resident, and Christopher Dudak, the Client Services Manager.
SECOND ORDER OF BUSINESS Approval of the Agenda
An Amended Agenda was forwarded in Additional Materials to add 10B Hurricane Preparedness Memo
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board approved the Amended Agenda, as presented.rn
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on Agenda items.
FOURTH 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 Rawson, with all in favor, the Board approved all items on the Consent Agenda.
C. Consent Items
i. Draft Regular Meeting Minutes for June 24, 2024
ii. Financial Reports for June 2024
iii. FEMA Appeals
D. Consideration of Items Pulled for Discussion
FIFTH ORDER OF BUSINESS Attorney
A. Halperin Fence Repair Legal Pursuit
District Manager Teague stated that he is working with the legal team on a possible settlement. The Board was reminded that the original amount requested from Mr. Halperin is $19,176, which includes engineering fees, but not legal fees, the latter of which are not legally recoverable. The attorneys are still waiting for a response from Mr. Halperin.
SIXTH ORDER OF BUSINESS Engineer
A. Paving Needs on Wine Palm Materials Samples
Engineer Marshall provided addresses in other communities, so that the Board can look at real world samples of stamped patterns and color admixtures of asphalt. Chair Whitten is concerned that the current patching is not working well, and that the micro surfacing is wearing down. It was noted that February 1st is the day the Lodge project is scheduled to be completed. After discussion, the Board asked Engineer Marshall to start the permitting process, and they also asked that the work begin in the second half of May. The Board decided to allow Engineer Marshall to obtain bids for all of Wine Palm and Seminole with an S-3 asphalt mix. He will submit a project description to the Board, and District Manager Teague noted that the project can be funded through reserves.
On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Board approved allowing the Engineer to obtain bids for paving all of Wine Palm and Seminole with an S-3 asphalt mix, and to begin the project in late May.
B. Stormwater Management
Engineer Marshall discussed how well the NPDES audit went, and how District field management and Pond Watch are a large part of demonstrating the excellent management of the District to County officials. Engineer Marshall stated that he still needs the license from the pesticide providers, and staff resent it to him during the meeting.
Engineer Marshall noted that a resident reported a storm drainage issue to the City, and he communicated to the resident that the report should have been submitted to the CDD.
He stated that the City’s expectation concerning stormwater pooling bleed down is typically 24 hours, but CDD drainage generally bleeds down in an hour. Chair Whitten noted that the CDD has had more problems with drainage because of golf course renovations, and there is an expectation that there will be more blockages found and cleaned as a result.
SEVENTH ORDER OF BUSINESS Old Business
A. Cane Toad Preventive Program
As a part of the research on controlling Cane Toads, there was was an email in the packet from a professor at FGCU, who advised that there is no treatment plan other than trapping, which Field Manager Pepin has proposed.
Supervisor Breisch has not had the opportunity to speak with Dr. Ernesto Lasso de la Vega for his suggestions. The Board had interest in asking college students to trap tadpoles for course credit, but it should be determined if that is feasible. It was decided that this item will remain on the Agenda as other research is being conducted, including the information gained from Supervisor Anderson’s research.
B. Trespass Issues at L-6 Discussion: New Signage, Wing Gate Modifications
Chair Whitten expressed his frustration that so many people are trespassing on Heritage Palms property, and it seems to be a difficult issue to resolve. Field Manager Pepin submitted a fence modification idea, which was included in the packet. Field Manager Pepin’s idea was the installation of a new fence across the spillway but above the water level. There was extensive discussion, including input from Engineer Marshall, on the type of fence to install, its location, and other methods that will be effective. The Board stated that they would like to ensure that the fence is not installed on the road right of way. Chair Whitten secured a trespass signage package from the Fort Myers Police Department.. Field Manager Pepin will purchase freestanding U-channel sign poles and attach the “No Trespassing” signs that had been provided to him. He will also secure wing gates with a stabilization bar.
On MOTION by Chair Whitten, seconded by Supervisor Rawson, with all in favor, the Board approved the installation of the Fort Myers Police Department trespass signs on freestanding poles, and securing wing gates with a stabilization bar.
C. Sod Repairs Proposals
i. Pristine L&W Lake 8, L-4, L-17 to add L-3 – Updated
An updated proposal from Pristine Lakes was presented in the handouts. The repairs for Lake L-3 were quoted at $6,000, bringing the total to $28,498. The lakes are very high right now, and Field Manager Pepin advised to delay this project until the end of the rainy season, because some locations are under water. This proposal was approved by the Board.
On MOTION by Chair Whitten, seconded by Vice Chair Switzer, with all in favor, the Board approved Pristine Lakes to complete repairs on Lakes 8, L-4, L-17, and L-3, not to exceed $28,498.
ii. New Proposal for 8, L-3, L-4 and L-17
Field Manager Pepin has not located any other contractors as of yet, but it is not necessary, because the Board approved the Pristine Lakes proposal.
D. Fountain Surge and Phase Loss Recommendations from Electrical Engineer
The Burgess Brandt electrical engineer’s report recommended that undervoltage protection and a surge suppressor be added to the controller for the fountain behind the fitness center on Lake 22. Field Manager Pepin is waiting on a proposal from West Coast Electrical for this addition. The previous proposal for surge and phase loss protection on Lake 8 was approved at the previous Board meeting and returned to West Coast Electrical.
EIGHTH ORDER OF BUSINESS New Business
There was no New Business.
NINTH ORDER OF BUSINESS Field Manager
A. Current Field Management Report
The following was discussed from Field Manager Pepin’s report:
The Board has received reports that there is a the tremendous amount of algae in Lake 8. The Board requested a proposal for adding Grass Carp, noting that their presence could reduce the level of algae.
Chair Whitten asked if any response has been received from the second letters sent to homeowners, notifying them that their plants are encroaching onto the fence. District Manager Teague stated that one person had called and reported that he removed vegetation off the fence, and Field Manager Pepin will verify.
B. Follow Up Items
i. Lake 2 Shoreline Repairs along Rip Rap
Field Manager Pepin reported that this will begin during the first week of August.
ii. 7942 Tiger Palm and 7418 Heritage Palms Estates Tree Trimming
Field Manager Pepin noted that this is scheduled to be completed by the end of the month.
iii. Aerator Maintenance: Lakes 9, 21, 26, and 29 and Electrical Issues
Field Manager Pepin noted that all issues have been resolved.
iv. Lake 8 Floating Algal Mass
Field Manager Pepin reported that the algae and Chara have been heavily treated, and, at his most recent field inspection, he noted that they are turning brown. Technicians treated the area again the week before the meeting, and improvements were noted.
v. Algal and Chara Blooms in Lakes
Assistant District Manager Gindling had forwarded information on algal blooms earlier this month. It was reported that blooms are currently appearing in the community, due to the heat and lack of rain. It was reported that Chara is a submerged weed that is now reaching the surface, and it continues to spread. When treated, it will break down and form algae while it is decomposing.
TENTH ORDER OF BUSINESS District Manager
A. Goals, Objectives, and Measures Annual Reporting Draft Template
Staff expects that a draft of the required report will be available at the next meeting. District Manager Teague stated that their approach is to submit the simplest plan with the most basic requirements, until such time as the legislature expands on their needs and expectations, if they do so.
District Manager Teague mentioned that the Supervisors’ training manual is being revised, is an electronic and hyperlinked document, and will be presented to the Board by the end of this Fiscal Year.
B. Hurricane Preparedness Memo
A memo was presented to the Board, summarizing three possible options for responding to the next hurricane:
- Option 1 is that PDM staff will continue to manage a response, with an annually increased fee and also set aside money for field management, to increase his role in project and contracts monitoring.
- Option 2 is that the District will contract with a disaster specialist, who will start the response process as early as possible, ensure that all required federal guidelines have been met, and oversee all phases of the process.
- Option 3 is seeking an interlocal agreement with the City or County for management of the cleanup on the District’s behalf.
The Board did not select an option.
ELEVENTH ORDER OF BUSINESS H.O.A. Report
Resident George Smothers commented remotely. He asked if it is the practice of the City of Fort Myers to be slow in approving permits. He stated that the HOA is experiencing a slow response for granting permits for pickleball courts. The Board responded that they do not know, but they offered assistance, if needed.
TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments
There were no Supervisor reports, requests, or comments.
THIRTEENTH ORDER OF BUSINESS Audience Comments
There were no Audience comments.