Heritage Palms Community Development District

The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, March 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
Bob Jannelle – HOA President, Verandas I

Attending remotely:

Josh Evans – Engineer, J.R. Evans Engineering
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 8:01 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, and Bob Jannelle, HOA President of Verandas I. Attending remotely were Josh Evans, Engineer, J.R. Evans Engineering and Christopher Dudak, the Client Services Manager.

There were no Audience comments on Agenda items.

The Board has found no seriously interested candidates as of yet. The Board requested that staff ask Traci Irons Izzo to send the vacancy notice to the community in an e-blast.

There was no appointment to Seat 1.

This will be considered after an appointment, as required by statute.

A. Consideration of Engineering Qualifications

The qualifications packet contained a brief summary sheet and a rating sheet to use after interviews at the April meeting. The four responsive firms were AIM, Barraco, Bowman, and JR Evans.

The Board discussed the proposals generally, and how to decide between them. Engineer Marshall noted that all firms are qualified, and that he advises the Board to invite the proposed engineering contact for each firm to present and answer questions at the next meeting to determine the best fit with the Board.  He further suggested that 15 minutes for each presentation should be sufficient.

After discussion, the Board approved scheduling 15 minutes with each firm, scheduling them every 30 minutes with a break between, for the April 28, 2025 Board meeting and will rate and possibly select an engineering firm during that meeting.

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 February 24, 2025

ii. Financial Report for February 2025

D. Consideration of Items Pulled for Discussion

A. Crimaldi Sidewalk Damage on King Palm Discussion

At the last meeting, the Board discussed this issue, which dates back to 2017/2018, when a homeowner modified his driveway with ARC approval, but selected designs that were not expected and with modifications that affect the CDD sidewalk, without informing the CDD first. He placed bricks over the existing pavers and cut into the sidewalk, which changed the elevation and potentially the groundwater sheet flow rate over them.  He also modified the roadway approach portion of the driveway.

The Board heard that there may have been an escrow set aside in the sale to the new owner a few years prior for the purpose of restoring the sidewalk to its original state. Attorney Urbancic was asked to determine if these records were publicly available, and he stated they were not. He further advised, on recommendation from District Manager Teague, that the Board can send a letter to the new owners, asking them to restore the sidewalk and driveway approach from the roadway. There was a motion, but after discussion, the motion was pulled, and the item was tabled until the next meeting, to allow staff and the Board to research the history of this issue.

Josh Evans left the meeting at 8:50 a.m.

A. Paving Wine Palm and Seminole Bid Packet Update

The City of Fort Myers LDO site plan and Lee County approval letter were in the packet.  Engineer Marshall stated that he will confirm to staff that all permits are approved, and that the project is ready to bid.  Staff will then prepare the bid and advertise it.  Although Atwell is leaving service in April, Sam Marshall and Steve Martin will be listed to answer questions. Engineer Marshall explained how the new engineers will merge into the management of this project and that the next engineer will certify the plans Engineer Marshall created, if the design remains the same. The new engineering firm will not inherit liability for these plans, unless they change the plan. District Manager Teague noted that the bid would ask for a construction engineer on the ground for the project, and he mentioned the name of Scott Connell as one possibility.

B. Senate Bill 7040: Changes to Stormwater Inspection and Reporting Requirements

In the packet was the text of the bill for the Board’s information, as well as a comment from Steve Martin opining that it does not likely affect current reporting at Heritage Palms. Engineer Marshall explained that this bill concerns ensuring O&M facilities have funds set aside for stormwater management systems, and proving that all stormwater facilities are properly maintained and water quality is good. The Board asked about changes to the volume and quality of stormwater resulting from the upstream construction of the new Lee Health hospital.  Engineer Marshall noted that they will be required to monitor their water quality, and that the permits will require the same volume as prior to its construction, so the same conditions should be present.

C. Neighborhood HOA Report of Stormwater Runoff Getting into Garages

Bob Jannelle, HOA president of Verandas I on Royal Green, was present and was asked to address a garage flooding issue that he thought may be caused by District facilities. He explained the floor of the garage at 10487 Washingtonia was not raised 5 inches above parking lot grade as the other garages are.  Additionally, the berm’s elevation since initial construction has increased over the years due to bioaccumulation from grass clippings left in place by landscapers. The net effect is rain runoff flooding the 3 garages during very heavy rain events, which only started in the last few years. He requested that the Board inspect gutter width and depth in the area.

Chair Whitten and Disrict Manager Teague both noted that the gutters and drains are in the parking lot, which is not CDD property, and is maintained by the neighborhood HOAs. However, Engineer Marshall stated that he will investigate and determine if there is a CDD pipe south of the area and report to the Board.

Sam Marshall and Bob Jannelle left meeting at 10:02 AM.

A. Cane Toad Prevention Program Discussion

At the last meeting the Board of Supervisors had requested a statement of its intent to move forward with managing Cane Toad tadpoles only. This statement was in the packet and was sent to HOA President Caroline Jablonsky and Traci Irons Izzo. Ms. Jablonsky asked the Board to wait on a blast to the residents, so that the HOA can discuss it in their next meeting. The Board was pleased with the statement and decided that sending it to Jablonsky and Irons Izzo was sufficient, and that the notification to the community at large is not necessary.

B. Tabled Washingtonia Palm Way Roadway Depression Repair Proposal

This proposal was tabled at the last meeting to allow Supervisors time to inspect the area. The Board approved the proposal, with work to be completed in May, but not to start until after May 15, when most snowbirds have left.  Engineer Marshall will be asked to inspect the area and take a core sample before the repairs, to attempt a determination of what caused this area to settle.

There was discussion about the funds available for other roadway repairs.

A. Pressure Cleaning Annual Contract New Bid

In the packet was a new 3-year proposal from Triple Crown Pro Wash, with an annual amount of $20,500, which is a 32% increase, and the agreement now has an early cancellation clause awarding them 80% of whatever remains at the time of cancellation.  The Board requested new bids, as this is too expensive. Chair Whitten also noted that the roadway miles listed on the proposal are too high, and that Bismark Palm Way is now on the proposal, which is not a District road and presumably has not been cleaned under the prior contract. Triple Crown will be asked to correct its proposal and rebid.  Supervisor Breisch will contact his recommended potential bidder as well.

B. Additional Fence Repair Proposal

This proposal has not been received as of yet.

A. Current Field Management Report

District Manager Teague fielded questions on the report and many items were discussed:

• Page 61: Clumps of Giant Bulrush have taken root naturally, which were not planted as littorals, in some shorelines. After discussion, the Board decided that they will not treat them at this time, but monitor them.
• Page 64: The homeowner at 10528 Curry Palm Lane contacted staff asking if a dead oak tree could be cut down. The resident now states it looks like it is alive after all, and it is not necessary to cut it down. The Board expressed concern about leaving it, if it is dying, and there might be future damage to the CDD fence. Field Manager Pepin was asked to investigate it further.
• Page 64: It was stated that the Lake 8 fountain nozzle seems to be functioning now.

Lost Audio at 10:54 AM.

From District Manager Teague’s notes:

• Page 63-64: He mentioned several updates on aerator repairs.
• Page 65: He reported that Field Manager Pepin will obtain an estimate for trimming willow branches on Canal C-7.
• Page 65: Concerning the lake bank erosion, Pristine Lakes will be asked to manually irrigate the sod, and Field Manager Pepin will contact the Club and ask the neighborhood HOAs to modify their irrigation schedules, so it can be determined if the dying sod can be salvaged.
• Page 67: A dead tree behind 7382 & 7388 Heritage Palms Estates Drive will be removed as soon as possible.

Audio back at 11:15 AM.

• Page 66: Concerning ongoing trespassing at Lake L-6, the Board would like to wait and determine how everything is functioning when the final fence repair work is completed on the gate swing arm, and after the additional signage is placed. 
• Page 69: The Board would like a letter sent to the homewoner at 11112 Seminole Palm Way asking them to fix a trip hazard between the sidewalk and pavers.

B. Follow Up Items

i. Cut Back of Fenceline Encroachments

Field Manager Pepin stated that all areas of concern were treated during the latest maintenance event. Several branches were cut from the fence as well.

ii. Large Invasive Vegetation Removal from Fence Line

This project has been completed.

iii. 11097 Sierra Palm Court Trash in Preserve Update

Field Manager Pepin reported that dead areca palm fronds are still present. A second letter was sent on March 14th to both her New York address and her local address, asking her to remove the fronds, or staff may do so and charge her for the service. It also asks her to contact staff when it is completed.

iv. Fence Repairs Updates

Field Manager Pepin reported that only the remaining fence arm needs repair. All other fence work has been completed.

v. Concrete Repair and Reflector Replacements

Field Manager Pepin stated that he expects to start this project shortly after Easter when the snowbirds start to leave.

A. FY 2026 Budget Discussion and Draft Proposed Budget

District Manager Teague stated that the presentation of the Budget Schedule was moved up a month due to a probable lack of quorum in May. The preliminary draft of the Proposed Fiscal Year 2026 Budget was presented with handouts. In this Budget are the current year projections, which were adjusted for outstanding invoices for R&M-Lakes, R&M-Preserves, and R&M-Sidewalks, as well as some proposed Fiscal Year 2026 items. They include $500 for supervisor ethics training, $30k for Lake 14 shoreline repairs and $10k for roadways. The Board believed the preliminary Budget looked good. District Manager Teague reaffirmed that the Board can still raise assessments in April for the Proposed Budget. To this end, he will prepare a projection on the proceeds garnered by $50, $75, and $100 increase to assessments. The Board stated that they would like to have an estimate of the mill and overlay cost, and staff will ask Engineer Marshall to provide it. For the next meeting, District Manager Teague stated that he will prepare a recommendation on community-wide roadway milling and repaving needs over the next 5 years.

There was no HOA report.

The Board expressed concerns about roadway project conflicts.

There were no Audience comments.

The Next Regular Meeting is scheduled for Monday, April 28, 2025 at 8:00 a.m.