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Meeting Minutes for March 23, 2026

Heritage Palms Community Development District

A regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was scheduled on Monday, March 23, 2026 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.

Supervisors present and constituting a quorum were:

Mike Whitten – Chair
Stan Switzer – Vice Chair
Bob Breisch – Assistant Secretary
Brian Anderson – Assistant Secretary

Supervisors arriving later:

MaryAnn Ferry – Assistant Secretary

Also attending in person were:

Mandie Rainwater – District Manager, Premier District Management (PDM)
George Smothers – Resident
Daniel Schroeder – AIM Engineering & Surveying
Gary Rodgers – Master Board Liaison

Attending later in person:

Kyle Roehm – Fountain Kings

Also attending remotely:

Chris 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 Rainwater called the roll. Chair Whitten, Vice Chair Switzer, Supervisor Breisch and Supervisor Anderson were present and constituted a quorum. Supervisor Ferry arrived later at 8:05 a.m. Also in attendance were District Manager Mandie Rainwater, resident George Smothers and Daniel Schroeder from AIM Engineering & Surveying, with Client Services Manager Chris Dudak attending remotely. Kyle Roehm of Fountain Kings arrived at 8:05 a.m.

SECOND ORDER OF BUSINESS Approval of the Agenda

The agenda was approved as presented. Supervisor Anderson requested a change to the agenda order to move up the sidewalk discussion.

On MOTION by Vice Chair Switzer, seconded by Supervisor Anderson, 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.

FOURTH ORDER OF BUSINESS Consent Agenda

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

No items were pulled. District Manager Rainwater provided a brief summary, noting a clean audit and the adoption of a Resolution 2026-04, approving the Notice of Qualifying Period, along with a request for Lee County to continue administering Board elections.

B. Motion to Approve Consent Items

On MOTION by Vice Chair Switzer, seconded by Supervisor Anderson, with all in favor, the Board approved the remaining items on the Consent Agenda.

Kyle Roehm arrived at 8:05 a.m.
Supervisor MaryAnn Ferry arrived at 8:05 a.m.

C. Consent Items

i. Draft Regular Meeting Minutes for February 26, 2026

ii. FY 2025 Audit Report

iii. County Run Election Resolution 2026-04

D. Consideration of Items Pulled for Discussion

FIFTH ORDER OF BUSINESS Attorney

The Attorney did not provide a formal report; however, his comments regarding the crosswalk issue were included in the meeting packet. He noted that potential liability will initially depend on whether the District followed an approved development plan for the sidewalks and crosswalks. He recommended initiating an investigation with the District Engineer to review the original development order for roads and sidewalks.

District Manager Rainwater highlighted items in the current legislative session that may impact CDDs, including potential changes to the process for recalling Board members and revisions to sovereign immunity limits.

Also, District Manager Rainwater reminded the Board that Form 1 is due July, 1, 2026.

SIXTH ORDER OF BUSINESS Engineer

A. Sidewalk/Crosswalk Investigation

District Manager Rainwater reported that the agenda packet included handouts prepared by Supervisor Anderson identifying multiple intersections and sidewalk ramps lacking crosswalks, along with examples of complete crosswalks for comparison. The packet also included a memorandum from Daniel Schroeder of AIM Engineering regarding the applicability of ADA requirements to CDD-owned sidewalks and crosswalks. Supervisor Anderson reviewed his handout in detail, noting several locations with missing ramps, absent or incomplete crosswalks, and pedestrian safety concerns.

George Smothers left at 8:35 AM

Following discussion, the Board requested a prioritized list of intersections for improvement be developed and addressing them in coordination with roadway milling and resurfacing projects over the next seven to ten years. The item was tabled to the next meeting, with staff and AIM Engineering tasked with preparing a prioritized list.

Daniel Schroeder left at 8:40

SEVENTH ORDER OF BUSINESS Old Business

There was no old business.

EIGHTH ORDER OF BUSINESS New Business

A. Proposals To Clean Outfall Basin behind 11212 Wine Palm Road

Included in the meeting packet were displays showing the location and condition of a catch basin that is approximately 99% covered. Field Manager Pepin reported that the structure is likely filled with silt and will require cleaning. The grate is believed to be 24×36, and the structure is located approximately 360 linear feet from Wine Palm Road. This area serves as the discharge point from Lake L-3, where water is intended to disperse into the preserve via the buried basin. Two proposals were obtained for the work.

i. Shenandoah – $3,975.00

The Shenandoah proposal is to clean the storm drain catch basin located between the golf course and preserve at Heritage Palms, noting the higher cost is due to limited access and the need to work from the nearest structure to the road, including cleaning the connected pipe and bring back the debris from the box.

ii. Sewer Viewer – $3,900 Daily Rate

A proposal from Sewer Viewer at a $3,900 daily rate, indicating the structure may be a buried outfall pipe. Due to access limitations, their approach would begin with uncovering the structure manually and flushing the pipe, with the potential need for excavation equipment if unsuccessful. Their proposal also noted possible pumping requirements, challenges with water quality during excavation, and limited access to upstream structures without impacting nearby property.

The Board discussed both proposals, as well as the option of first clearing the grate to evaluate water flow. The item was tabled to the next meeting to allow additional review.

NINTH ORDER OF BUSINESS Field Manager

A. Current Field Management Report

District Manager Rainwater reviewed the field report, and the following items were discussed:

  • New Canna littoral growth has been observed on Lake L-2. Pristine Lakes plans to replant in this area, in part to screen a WCS, and will notify Chair Whitten closer to the rainy season. Additional Golden Canna, Spike Rush, and Pickerelweed were observed throughout the community.
  • Spike Rush at the north end of Lake 28 was treated to maintain an open waterway near the irrigation pond entrance.
  • Blue-green algae previously reported in Lake 10 was not observed by Pristine Lakes during their February 25, 2026 inspection, nor by Field Manager Pepin during his March 12, 2026 inspection.
  • The previously reported brown algae in Lake 8 is no longer present.
  • Power has been restored to aerators at Lakes 29 and 33 following replacement of a failed meter by Florida Power & Light. However, the GFCI is tripping after approximately 30 seconds of operation. Field Manager Pepin has requested Fountain Kings to inspect the system. Kyle Roehm reported that the compressor was removed for warranty diagnosis on March 17, 2026.
  • Fountain Kings also needs to repair broken air stations at Lakes 7, 21 West, and L-17.
  • Green algae accumulation has been observed on the fishing pier. Field Manager Pepin has directed onsite staff to pressure wash the area.
  • Dead pine tree behind 7439 Sitka Deer Way: The tree is expected to be removed within the next couple of weeks.
  • Field Manager Pepin is obtaining proposals to repair multiple fencing issues, primarily due to rusted top rails.
  • All identified sidewalk trip hazards have been ground. An ADA mat has been installed at the intersection of 10501 Wine Palm and Tiger Palm.
  • Following the Board’s decision not to proceed with an ROV inspection, Field Manager Pepin will obtain proposals for the required three-year visual inspection of stormwater structures.
  • The Board would like Field Manager Pepin to remove the exposed 10-foot sections of corrugated pipe by the fishing pier. He recommends a visual or ROV inspection on one of the storm drainpipe inlets on the lake just east of the fishing pier, as the top is broken. The Board requested he add this to the visual inspection quote.
  • Several resident reports of Cane Toads have been received; however, no specific locations were provided.
  • There have been a few resident reports of Cane Toads, but no location was provided.
  • 11143 Ranchette Road Object against CDD Fence – As of March 12, the metal object is still on the fence. The Board directed staff to send a second notice via certified mail.

B. Follow-up Items

i. Sidewalk Repair at site of Trip and Fall: 10420 Wine Palm Manhole Panel

Field Manager Pepin reported that grinding and joint compound filling of sidewalk gaps has been completed.

Kyle Roehm of Fountain Kings provided a brief update. No written report was prepared this month, but staff were onsite and reported no major issues:

  • A missing valve box lid was identified on Lake 21 and will be replaced.
  • Noisy cabinet on Lake 15 caused by soil washout was repaired during the service visit.
  • The Oasis area air station was re-centered.
  • L-14 air station is now operational.
  • Lakes 29 and 33 Aerators are not fully operational. One of two compressors has been removed and sent to Vertex for investigation; the second compressor remains in operation.
  • An estimate will be provided at the next meeting to replace air stations at Lakes 21, 29, and L-17.
  • Fountain maintenance and cleaning were completed.
  • The Chair noted that colored filters were not installed on fountain lights last Christmas. Mr. Roehm stated they will ensure installation next year.
  • 10528 Curry Palm / Canal C-15: No aerator is present. An exposed air tube was observed in the preserve but its purpose is unknown. Field Manager Pepin will investigate.

TENTH ORDER OF BUSINESS District Manager

A. FY 2027 Budget Schedule

i. Assessment Increase Matrices

The Board requested projections showing the impact on the fund balance for assessment increases of $50, $75, and $100 over both three- and five-year periods. Two projection scenarios were presented. The first incorporates projected roadway costs over the next five years, based on the Engineer’s Opinion of Probable Costs prepared in July 2025 by Jamie Rivera of AIM Engineering. The second uses the same assessment levels and timeframes but excludes the projected roadway mill and repave projects.

Based on the analysis, none of the proposed increases would result in a positive fund balance if the roadway projects proceed as currently projected by the engineer. The Board requested updated projections at a $525 per unit assessment level for review at the next meeting. This should be a $150 increase over the prior year’s assessment.

Some budget concerns of the Board:

  • Sidewalks/crosswalks discussed earlier are a possible budget item.
  • It was noted that the last assessment increase occurred in 2019
  • The Board expressed a preference to avoid taking on debt.
  • Supervisor Anderson provided a rough estimate of a potential new bond issue and indicated it would likely not result in cost savings.
  • Chair Whitten inquired about the $12,485 in miscellaneous income reported in the 2025 audit, which was clarified as reimbursement from a neighboring property owner for fence damage on Ranchette Road.
  • Staff will review the projected roadways for need, in discussion with the engineer and Field Manager, and see if delaying some roadway projects is feasible, noting that Gator Palm is the worst.

Kyle Roehm estimated that installing a fountain in place of the existing waterfall would cost approximately $14,000 to $15,000.

Kyle Roehm left at 9:44 a.m.

ELEVENTH ORDER OF BUSINESS H.O.A. Report

There was no H.O.A Report.

TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments

A. Next Meeting Quorum Check

All board members expect to be present at the next meeting. There were no supervisor requests.

THIRTEENTH ORDER OF BUSINESS Audience Comments

There were no Audience Comments.

FOURTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Board adjourned the meeting at 10:02 a.m.

Next Regular Meeting: April 27, 2026, at 8 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair