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Meeting Minutes for November 22, 2021

Heritage Palms
Community Development District

The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, November 22, 2021 at 8 a.m. at the Heritage Palms Golf and Country Club at 10420 Washingtonia Palm Way, Fort Myers, Florida and via web conference.

Present (or by web conference) and constituting a quorum were:
Mike Whitten – Chair
Stan Switzer – Vice Chair
Al O’Brien – Assistant Secretary
Dennis Lubozynski – Assistant Secretary
Bob Breisch – Assistant Secretary

Also attending (or by web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Mike O’Donnell – HOA Master Board
Chris Pepin – Field Manager
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) Meeting Board of Supervisors meeting.

FIRST ORDER OF BUSINESS Call to Order and Roll Call

The meeting was called to order and the District Manager called the roll. All Board members were present. Also in attendance were Cal Teague, the District Manager, and Mike O’Donnell from the HOA Master Board. Chris Pepin, the Field Manager, and Christopher Dudak of PDM participated via web conference.

SECOND ORDER OF BUSINESS Approval of the Agenda

On MOTION by Vice Chair Switzer, seconded by Supervisor Lubozynski, with all in favor, the Agenda was approved, as presented.

THIRD ORDER OF BUSINESS Audience Comments on Agenda Items

There were no Audience comments on the Agenda.

FOURTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for October 25, 2021

  • Line 22 remove everything past motion withdrawn.
  • Line 48 and Motion box on Line 49 change coco palm to coco plums. Remove the shrubs on the homeowner’s property…and placed on CDD property adjoining Casa Del Lago. The last sentence of Line 48 change to vegetation instead of shrubs and would be placed on CDD property instead of on the homeowner’s property.
  • Line 68 change the spelling of Mike O’Connell to Mike O’Donnell.

On MOTION by Supervisor Lubozynski, seconded by Supervisor Breisch, with all in favor, the Board accepted the Draft Meeting Minutes for October 25, 2021, as amended.


A. 11158 Wine Palm Drainage Repair Recompense Update

The Board discussed whether the homeowners will retain liability for their work , and will the CDD have liability for the extension which is on CDD property. They discussed whether the homeowners liability includes the date the extension was completed and subsequent dates after that. These factors are all contingent upon Attorney Urbancic’s recommendation regarding the release of the homeowners from liability. The Board agreed to accept payment from the homeowners, but not a formal acceptance or a waiver of liability for them.

On MOTION by Supervisor Lubozynski, seconded by Supervisor Breisch, with all in favor, the Board agreed to accept payment from the homeowners at 11158 Wine Palm, contingent on Attorney Urbancic’s recommendation as to release of liability for the homeowners, and the liability going to the CDD.


A. Statutory Requirements for Stormwater Maintenance

Engineer Marshall could not be in attendance, but he submitted a report, which was given to the Board as a handout. The report stated that the NPDES permit had been completed and sent to the County. This account will also be used for preparing the report to be in compliance with the new house bill HB53 regarding stormwater planning requirements. Engineer Marshall estimated that the completion of the this report should be less than $5,000.


A. Shrub Barrier between HP and Casa Del Lago

Chair Whitten and Field Manager Pepin looked at the site, because the Casa Del Lago HOA was hesitant to have a shrub barrier placed on the homeowner’s property. They ascertained that there is enough room on CDD property for vegetation before the drop off into the swale. Casa Del Lago’s HOA will probably allow access to their property, if a vegetation barrier is placed there, not a fence. Chair Whitten and Field Manager Pepin believed that it is best to plant before the rainy season begins. Therefore, the planting will be tabled until May or June of 2022.


Chair Whitten mentioned that the resident at 7275 Sugar Palm Court had contacted him about the safety of the basin in front of their home in a heavy rain event, because children might get caught in it. The homeowner would like grating to be placed over the storm drain. This was further discussed in Field Manager Pepin’s report. There was no action taken.


A. Current Field Report

Field Manager Pepin summarized the report and the following issues were discussed:

  • The Board discussed algae concerns. Chris explained his rating process, and stated that the lakes are overall in good shape. He has seen only small quantities of algae in the open water of the lakes.
  • There was discussion about the low performance of Lake and Wetland Management, since they were purchased by Solitude. Chris commented that this could partially be because of a shortage of staff. Chris will monitor the lack of performance. It was suggested that a letter could be sent to upper management, and the Board could look into other contractors.
  • The Board asked if there had been any positive results from bio blocks. Upon Chris’s observation, he does not think they are effective. District Manager Teague stated that the benefit of bio blocks could be to reduce or eliminate future dredging and could reduce algae growth. They agreed to have this on next meeting’s agenda for further discussion.
  • On the concern of apple snails, Chris stated that he continues to monitor them and eliminates them when he sees them. The possibility of other treatments was discussed.
  • The Board discussed the effort to address micro surfacing areas. Chris is meeting with D&G to see what can be done.
  • There is concern about the pressure washing project. Silt is being left in the gutter pans. The Board will consider street sweeping to reduce the silt accumulation. Chris will also look at the areas and get a proposal for spot cleaning, and possibly for cleaning the whole community. He will also get quotes for one time treatment and treatment annually.
  • The need for a crosswalk at Wine Palm and Tiger Palm by the basketball court will soon be requested. The Board wondered if the CDD has an interest in it, and if the Master HOA can have permission to have it done. The Board decided that they do not see the need for a crosswalk.

On MOTION by Supervisor Breisch, seconded by Chair Whitten, with all in favor, the Board agreed that there will be no crosswalks on CDD streets added in the community.

  • Every year HOA contractors trim the coconut palms, coconuts fall into the lakes, and the contractors do not pick them up. District Manager Teague stated that these coconuts could end up in the stormwater system. It was suggested that a separate contractor be hired to clean them up and a bill sent to neighborhood HOAs. It was decided that staff will send a letter to HOA presidents, asking them to put coconut removal in their contracts with the contractors.
  • The homeowner at 7275 Sugar Palm Court would like a grate on the basin, as was previously discussed. Chris will investigate this. He will make sure that it would not prevent waterflow, but still keep a child from falling in.

B. Follow-up Item Updates

i. Various Fences Repairs

All fence repairs have been completed by Sunstate Fence. There are some issues on Tiger Palm where the fencing is over the top rail by 2″ or 3″ when it should be 1″. Chris had reported this to Sunstate Fence, and they were going to have it corrected. As to Vice Chair Switzer’s question regarding the old fencing, Chris stated that debris from the old fences is being replaced.

ii. Lodge Valley Gutter Replacement

Concrete work has been completed, and Kevin is waiting for D&G to complete the asphalt work.

iii. Lake Banks Trash Cleanup

This is scheduled to be completed by November 22, 2021.

iv. Dead Branches Cleanup

This project has been completed.

v. Pressure Washing Update

This project has been completed, and Chris will be conducting an inspection within the next few days. This was also discussed in the field report, and Chris is following our suggestions.

vi. Penzance Gate Turnaround Asphalt Repairs

All asphalt repairs are scheduled to be completed by November 24, 2021.

vii. Lake L-7 Bulkhead Repair

This project is scheduled to be completed between November 22 and 24, 2021.


A. Financial Statements for October 2021

  • District Manager Teague reported that the first tax assessment has been received from the County, and they should now be coming on a regular basis.
  • Vice Chair Switzer wondered why the cash and investment report does not match the assets on the balance sheet. District Manager Teague stated that the balance sheet reflects accrued payments after the report is run. The cash and investment report reflects the bank statements, which only consider cash on that date and not the accrued expenses.

On MOTION by Supervisor Breisch, seconded by Supervisor O’Brien, with all in favor, the Financial Statements for October 2021 were accepted, as presented.


Mike O’Donnell reported that during the golf course renovation they will begin the Lake 25 bulkhead repairs, as well as, getting a new pump for the waterfall. It was reiterated that the CDD will not be responsible for maintaining the motor, pump, or waterfall. The Board stated that the CDD is responsible for the lake and will accept the bulkhead after the repairs are made. It was stated that there is no need for aeration, because the waterfall movement helps to oxygenate the lake.

A. Lake L-6: Proposal to Transfer to HOA

Supervisor Breisch stated that someone at Lennar had looked at the blueprints and felt that they reflected that Lake 6 should not be owned by the CDD. This indicated that the transfer was erroneous. Chair Whitten stated that he spoke with former Board member Larry Harvey, and he does not believe that it was erroneously transferred. Engineer Marshall will confirm if there are any blueprints that reflect ownership by the HOA. Mike O’Donnell commented that he will raise this issue with the Master Board, and hopefully the questions from Attorney Urbancic regarding transfer of this property will be answered and brought back to the Board.

TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments

  • Chair Whitten commented that he is not sure if there was a lawsuit regarding a slip and fall incident at the sidewalk at Seminole Palmway and Wine Palm, which was discussed earlier. He had received a list of questions from the HOA security chief Dan Davis. Mike O’Donnell stated that, unofficially, there is not lawsuit, but there is possibly an insurance claim. He will investigate this at the Master Board meeting.
  • Chair Whitten commented that the report makes it seem that water came off of Club property, but it doesn’t. Chair Whitten read a questionnaire from a Mr. MacPoland, who stated that his fall was before the CDD had extended the basin beneath the sidewalk.


George Smothers commented that using a street cleaner before pressure washing the concrete would be a good idea.

Supervisor Lubozynski left the meeting at 10:24 a.m.


On MOTION by Supervisor O’Brien, seconded by Vice Chair Switzer, with all in favor, the Board agreed to adjourn at 10:26 a.m.

The Next Regular Meeting: December 20, 2021 at 8 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair