Meeting Minutes for March 25, 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, March 25, 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
Also attending were:
Cal Teague – District Manager, Premier District Management (PDM)
Sam Marshall – Engineer, Banks Engineering
Chuck Rawson – 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 Teague called the roll. Three members were present. Also in attendance were Cal Teague, the District Manager, Sam Marshall, the Engineer, and Chuck Rawson, Resident. Attending remotely was Christopher Dudak, Client Services Manager from PDM.
SECOND ORDER OF BUSINESS Approval of the Agenda
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board approved the 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
Item pulled: 4Ciii – FY 2023 Financial Audit.
B. Motion to Approve Consent Items
On MOTION by Vice Chair Switzer, seconded by Chair Whitten, with all in favor, the Board approved all items on the Consent Agenda, except item 4Ciii.
C. Consent Items
i. Draft Regular Meeting Minutes for February 26, 2024
ii. Financial Report for February 2024
iii. FY 2023 Financial Audit
iv. FEMA Reimbursement Update
District Manager Teague stated that the FEMA claim was denied, because the FEMA rules have changed. He stated that he believes staff has a good argument for the appeal.
v. Resolution 2024-02: County Run Elections
This Resolution is submitted every election year to confirm the County to run Supervisor elections. It also confirms that the following Supervisors are up for election, Seat 1: Al O’Brien Seat 2: Dennis Kane, and Seat 3: Bob Breisch.
vi. Resolution 2023-03a: Correction of 2023-03 Electing Jennifer Miller as Assistant Treasurer
Staff discovered this error as part of the FY 2023 Audit process, and this corrects the resolution retroactively by changing the position of Jennifer Miller to Assistant Treasurer rather than Assistant Secretary, with all other officers remaining the same, as of November of 2022.
D. Consideration of Items Pulled for Discussion
Item 4Ciii FY 2023 Financial Audit:
Vice Chair Switzer had questions on the “emergency conditions” phrase in the Audit, and District Manager Teague explained that ‘not meeting emergency conditions’ is a positive position for the District, and is not a condition requiring corrective actions. If there were any Audit issues found, they would have been noted on page 26, and no current year or prior year findings were stated on page 22 of the Audit report. The Audit was accepted and Chair was authorized to sign AFR.
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board approved Item 4Ciii: FY 2023 Financial Audit.
FIFTH ORDER OF BUSINESS Attorney
A. Halperin Fence Repair Legal Pursuit
District Manager Teague reported that Attorney Urbancic’s staff stated that FedEx could not deliver the complaint, because they were not allowed through the gate, so they will ask the Sheriff to serve it. If this is not successful, he will get an estimate for the service of a Private Investigator to serve it.
Chair Whitten stated that he visited the home, and the gate was open. He suggested that Attorney Urbancic’s office try again. He also reiterated that he had seen a pump near the property line and along the canal and is wondering if Mr. Halperin may be pumping water from the CDD canal for the irrigation of his property.
SIXTH ORDER OF BUSINESS Engineer
A. Paving Needs on Wine Palm
Engineer Marshall reported that the prior approved proposal from D&G was included in the packet as information for the Board concerning the pothole repair and reflector replacements. He stated that the 11 reflectors are currently being installed, and they expect the pothole repairs to be completed before the next meeting.
Engineer Marshall stated that his staff is developing a plan for milling and repaving Wine Palm and Seminole Palm, which will be submitted to the the City for approval. They expect to start this project after the Lodge project is complete. Engineer Marshall stated that he currently has no recommendations to submit on other paving needs.
Engineer Marshall and the Board discussed some paving options that were strong, but decorative as well. He stated that he will bring product samples in, and he agrees that concrete is a good surface for withstanding the traffic that is turning in the area, and he suggests that some color admixtures will be less unsightly.
Engineer Marshall explained that Atwell Group bought Banks Engineering, and the branding will change on his emails and invoices. He expects the company to be more efficient after the purchase.
SEVENTH ORDER OF BUSINESS Old Business
A. Cane Toad Preventive Program Update
Supervisor Breisch reported that 8 people had responded to a request for volunteers, but he believes he needs at least 10. He provided the Board with a list of items needed to start the program, based on Bonita Bay’s program, and he stated that $1,370 is his estimate for initiating the program. He proposes that the CDD focus on removing the tadpoles until it is warmer. Chair Whitten asked who Bonita Bay uses to trap on private property, and Supervisor Breisch believes that the contractors do.
Chair Whitten believes that the Board should approach Greg Kreisch in the same manner in which they approached him with the midge fly problem, since we are not receiving a lot of positive response from the Heritage Palms HOA. Supervisor Breisch believes the midge fly issue is not analogous, because that situation was more immediate and garnered more response. Chair Whitten noted that a program involving volunteers that are walking on common property and private property requires buy-in from both Boards, and an acknowledgement of the mutual responsibility to solve this community-wide problem.
Chuck Rawson noted that the toads are active in the morning when the golf course workers are there, but District Manager Teague does not believe they would trap them, because they will be performing their regular duties. However, tadpole capture is a daytime procedure, and only the adult toads are active in the dark.
Chair Whitten suggested asking the HOA to place the CDD on the their agenda to communicate that the CDD will be capturing tadpoles and will not be trapping adult cane toads on private property. It was decided that Chair Whitten will talk to Caroline Jablonsky about placing the CDD on the next HOA meeting agenda. Supervisor Breisch will plan for a presentation at the HOA meeting. Staff can assist by creating a Power Point document utilizing Supervisor Breisch’s PDF documents from the Bonita Bay meeting, when he provides them.
On MOTION by Vice Chair Switzer, seconded by Chair Whitten, with all in favor, the Board approved Supervisor Breisch to initiate a Cane Toad program for tadpole removal, not to exceed $2,500.
B. Lake L-6 Area FPL Easement
District Manager Teague stated that they have not received any communication from Traci Bichalski, General Manager of HPGCC, or FPL as of yet, although he had returned the letter authorizing FPL to submit plans to the CDD for signoff.
C. Community Sidewalk Pressure Washing
Chair Whitten reported that he spoke to Triple Crown Pro Wash about the quality of work that is expected by the CDD. He was told by Triple Crown that they believed only a “soft clean” with chemicals was needed. Chair Whitten also stated that he has not received any negative comments from residents. He spoke to another contractor who stated that many of the stains are not cleanable. Chair Whitten is happy to stay with this contractor and will reach out to them to ask if they will perform an interval of soft washes each year, without increasing the price, which was an option they suggested previously. Chair Whitten will confirm this with Triple Crown.
EIGHTH ORDER OF BUSINESS New Business
There was no New Business.
NINTH ORDER OF BUSINESS Field Manager
A. Current Field Management Report
Field Manager Pepin’s report was summarized and the following was discussed:
It was noted that algae is beginning to appear, and District Manager Teague stated that he was told by Field Manager Pepin that it will take approximately 2 weeks for the sprayed algae to turn brown as part of the dying process.
Chair Whitten noted that Premier Lakes is no longer as responsive, and he wondered if it is because their contract for lakes maintenance was not renewed. He stated that Field Manager Pepin told him that he believed that was the case. Chair Whitten also noted that they did not do any repairs on their last monthly maintenance visit, and there is a leaking aerator air hose that is still broken. He would like staff to compare the contractor performance to the aerator contract and monitor their work closely for a period of time to verify this.
Field Manager Pepin noted in the report that there are several aerator issues which will be addressed. The Lake 22 compressor may need to be replaced, because the electrical panel was falling out of its housing. The Board voted to have this electrical panel replaced.
On MOTION by Chair Whitten, seconded by Vice Chair Switzer, with all in favor, the Board approved the replacement of the electrical panel on the compressor on Lake 22, not to exceed $7,500.
It was noted that the trespassing issue at Lake L-6 remains, and 7 additional people were captured recently by the field camera. Field Manager Pepin had mentioned that he could monitor the camera, if compensated, with an additional $275 for a camera that can ping in real time. Chair Whitten stated that he has had contact with a city council member concerning the issue, and he will call him. He stated that he can also reach out to the HOA of the surrounding communities to notify their residents that trespassing can be prosecuted. Staff will ask Field Manager Pepin if the camera can activate an alarm warning that will blast locally when it detects activity, which could scare or annoy them, so that they choose to leave.
District Manager Teague noted that there are sidewalks that need grinding, and Field Manager Pepin will address this.
Chair Whitten mentioned a resident who would like standing water in the gutter at his driveway addressed. Chair Whitten stated that there is a tool for drilling underneath and pushing up the gutter pans. Field Manager Pepin will be asked to investigate.
The report noted that gutters have been filling with oak tree leaves, and Field Manager Pepin stated that he expects that Greg Kreisch will clean them, because copies of the field reports are sent to him.
B. Follow Up Items
i. HPE Enclave Stormwater System Cleaning Update
This project had previously been approved and was completed for $4,900. A handout with the cleaning results was distributed, and the Board noted that a lot of sediment was removed. Chair Whitten believes this sediment was a result of the golf course renovations and because the Sanders contractor did a poor job of preventing sediment from entering the drains.
ii. Preserve Edge Grate Replacement by Cart Path
Field Manager Pepin reported that the structure is still submerged and cannot be reached.
iii. Roadway Reflector Replacements
See iv. below.
iv. Potholes Repairs
It was noted that the proposal for both items above was signed and returned to D&G approximately 2 weeks ago. Marker replacement should be completed within the next couple of weeks. In answer to Supervisor Breisch, the blue markers denote fire hydrants, and the red and yellow are for caution at Stop and Yield signs. Supervisor Breisch would like to know if they are all required by code and if not, he wondered if the Board should continue to pay for the replacements. This will be on the next Agenda.
v. Bulkhead on Curry Palm by 5 Royal
Chair Whitten stated that he spoke to Greg Kriesch about the bulkheads near the end of Curry Palm. Mr. Kriesch was aware that they need repair, and stated he had already spoken to Travis Pritchard about repair of the bulkhead caps, because they are part of the golf course. Mr. Kriesch confirmed that they are on Artistic Structures’ repair list.
vi. Fountain Timers
All timers were adjusted for daylight savings time earlier this month. Both fountains are currently running from 7:00 a.m. to 10:00 p.m.
TENTH ORDER OF BUSINESS District Manager
A. FY 2025 Draft Budget Discussions
District Manager Teague stated that the draft of the Proposed Budget will be presented on April 22, 2024. He noted that a Cane Toad line item for $2,500 will be added to the Budget. District Manager Teague asked the Board to send him any additional items they would like included.
He stated that he does not believe there is a need for an increase in assessments.
District Manager Teague mentioned obtaining credit cards for items the Board purchases for the District, but the Board does not believe it is needed.
ELEVENTH ORDER OF BUSINESS H.O.A. Report
There was no HOA report.
TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments
Supervisor Breisch mentioned that the HOA would like to disperse a community survey on its desire for additional fountains. He plans go to the HOA President’s meeting and state that the CDD is not in favor of more fountains, because Pond Watch has discovered that they are detrimental to the condition of the lakes through the evaporation of a stratum of water which changes the oxygen content of the entire lake. The Board also discussed the additional cost of more fountains. Chair Whitten stated that he will call Carol Jablonsky and ask her not to place it on the survey, because it will stir up interest in more fountains, and the CDD Board has adopted a policy of no new fountains.
There was discussion on the recruitment of Supervisors, and if the Supervisors have contacted anyone, and Chair Whitten and Supervisor Breisch both stated that they have. The Board asked resident Chuck Rawson if he was interested, and he responded affirmatively. The Board explained that Candidate Qualifying is not a difficult process.
Vice Chair Switzer also asked about the monthly financials concerning the invoice and financials review process by staff. District Manager Teague explained the entire process, and Vice Chair Switzer seemed confident that the process was robust and well-reviewed.
THIRTEENTH ORDER OF BUSINESS Audience Comments
There were no Audience comments.
FOURTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Vice Chair Switzer, seconded by Chair Whitten, with all in favor, the Board agreed to adjourn at 10:40 a.m.
FIFTEENTH ORDER OF BUSINESS Approval of Resolution 2023-03a
The meeting was reconvened to amend the Agenda to retroactively add Resolution 2023-03a to the Agenda for consideration. This Resolution memorializes a Board reorganization that should have happened after Supervisor Lubozynski’s replacement by Supervisor Kane at the December 19, 2022 Board meeting.