Meeting Minutes for November 28, 2022
Community Development District
The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Monday, November 28, 2022 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)
Sam Marshall – Engineer, Banks Engineering
James Wesoloski – HPCA Liaison
George Smothers – Resident
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, Sam Marshall, the Engineer, and James Wesoloski, HPCA Liaison, and George Smothers, Resident.
SECOND ORDER OF BUSINESS Post-Election Supervisor Oaths of Office for Seats 4 & 5
Chair Whitten and Vice Chair Switzer were administered the Oath of Office.
THIRD ORDER OF BUSINESS Board Reorganization Resolution 2023-01
Mike Whitten was nominated to be Chair, and Stan Switzer was nominated to be Vice Chair.
On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Board adopted Resolution 2023-01 appointing Mike Whitten as Chair, and Stan Switzer as Vice Chair.
FOURTH ORDER OF BUSINESS Approval of the Agenda
On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Agenda was approved, as submitted.
FIFTH ORDER OF BUSINESS Audience Comments on Agenda Items
George Smothers commented on the width of the spike rush on Lakes L-12 and L-50, and District Manager Teague will have Field Manager Pepin check on them.
SIXTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for September 26, 2022
Line 23 Change 13T box to 13 tee box.
On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Draft Meeting Minutes for September 26, 2022 were approved, as amended.
B. Draft Meeting Minutes for October 24, 2022
On MOTION by Supervisor Breisch, seconded by Vice Chair Switzer, with all in favor, the Draft Meeting Minutes for October 24, 2022 were approved, as submitted.
SEVENTH ORDER OF BUSINESS Attorney
The new lake maintenance companies approved Attorney Urbancic’s revisions to the contracts and the contracts were finalized.
EIGHTH ORDER OF BUSINESS Engineer
A. Roadway Inspection – Follow Up
Engineer Marshall stated that he and Chair Whitten will do a ride around to look at any roadway issues within the community.
Chair Whitten also wondered about the status of Lake 14, and Sam stated that the berm is not required by SFWMD to be higher than for a 25-year storm. He will continue developing a detailed report and will obtain estimates for lowering the berm as much as possible.
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board approved lowering the berm on Lake 14, with Engineer Marshall obtaining estimates for the project.
Chair Whitten had spoken with Greg Kriesch concerning the progress on the issue of water near 10 Sabal flooding a resident’s home. A solution was discussed, including movement of the pipes to drain into a preserve, or the creek, possibly using a french drain to relieve some of the water accumulation, or some other resolution. Chair Whitten and Sam will look at the area in their ride around. Chair Whitten will also contact Greg and ask him if a plan has been developed, and it will be determined if it will require the CDD’s involvement.
NINTH ORDER OF BUSINESS Old Business
A. 2022 Concrete Pressure Washing Estimate
District Manager Teague stated that there had been three bids submitted, and the Triple Crown Pro Wash bid was $16,824, Kingsway Paver Sealing bid $48,000, and Premier Pressure Washing bid $15,500. The Board discussed the merits of each company. It was pointed out that this project had been budgeted for $14,400. Supervisor Breisch commented that he was impressed that Triple Crown Pro Wash does pre and post treatment, but they had a higher bid than Premier, which had done the washing in the past.
On MOTION by Vice Chair Switzer, seconded by Supervisor Breisch, with all in favor, the Board approved renegotiating the bids with Triple Crown Pro Wash, Kings Way, and Premier Pressure Washing for a 3 year contract, contingent on the number of personnel, their equipment, and when they can complete the project, with the selection approved by Chair Whitten, not to exceed $15,500 per year.
B. Roadway Inlets Repair Estimate
District Manager Teague stated that Chris had spoken with Conidaris, and they will not be bidding on any project for at least a year, because they have been contracted for rebuilding the Fort Myers Beach roadway system. Chris will continue looking for contractors.
C. Community Fence Upgrades Estimates
They should have all fence damage logged by the end of December, and then they will get a bid from Sunstate Fence.
D. Update on New Lakes Maintenance Contracts
FloridAquatic has been maintaining the lakes for one month, and Chris will begin evaluating their work in December.
E. Bathymetric Extended Report
There was discussion on the unsatisfactory completion of this project by Solitude. They felt that this was not similar to the analysis previously performed. Vice Chair Switzer commented that a baseline is needed, and that a review should be done every couple of years. District Manager Teague stated that they would look at a report to see if bio block would work, when it was determined that lakes need treatment. They will now look at the report that Gonzalo had done in the past to help determine a baseline and decide if a bathymetric measurement needs to be done, and District Manager Teague will report back to the Board.
TENTH ORDER OF BUSINESS New Business
There was no New Business.
ELEVENTH ORDER OF BUSINESS Field Manager
Field Manager Pepin’s report and the following were discussed and action was taken:
A. Current Field Report
Chris reported that the aeration system has greatly deteriorated. The Board discussed the lack of work that has been done on the aerators and fountains and wondered if Chris is overwhelmed. District Manager Teague stated that Chris has sent work orders to Solitude which they have not responded to. Supervisor Lubozynski’s understanding is that Chris does his inspection every month to identify issues and preventive maintenance is an ongoing endeavor, but he believes that the preventive maintenance is not repairing everything that is needed. The Board would like to see the results of the semi-annual and annual inspection, and Vice Chair Switzer would also like to see the specifics of the contract with the new contractor, Crystal Clear. He stated that the CDD needs to be more proactive, so that they can stay on top of the system before it begins to deteriorate.
Chair Whitten pointed out the issues at 18 Royal, which were mentioned in Chris’s report, including geo tubing exposure and washouts, and there was discussion on the responsibility of the CDD and the golf course. It was stated that the lake bank is CDD responsibility, and if the CDD repairs it, the golf course could be billed. Chris stated that many of the issues occurred during the golf course renovation, and it was stated that it could be as a result of the hurricane. In addition, if the golf course installed rip rap, it was without CDD approval. The Board would like to have Chris investigate, and District Manager Teague will ask him to do so.
Supervisor Breish would like to see the presence of cane toads, apple snails, and iguanas added to Chris’s report, and the Board agreed. District Manager Teague will pass this on to Chris.
B. Follow-up Items
i. Bulkhead Cap Replacement
Chris had spoken with Travis from Artistic Structures, and Travis had been conducting emergency repairs from the hurricane in other areas. He will give Chris a new estimate after inspecting the bulkhead for the damage from the hurricane. Chris hopes to have the new proposal at the next meeting.
ii. Silt Removal at 11333 Wine Palm Update
The homeowner had still not completed the project, and Greg Kreisch will be asked to send a second letter to them, stating that if it is not complete within 10 days, the CDD will complete it and bill them. The Board also decided that, going forward, one letter only will be sent to residents, giving them a timeline for resolution of any issue, that will also state that they will be billed if the CDD is required to resolve it.
On MOTION by Vice Chair Switzer, seconded by Supervisor Breish, with all in favor, the Board approved sending one letter only to residents with an issue needing resolution, specifying a deadline and informing them that they will be billed if the CDD is required to complete the project.
iii. Clean Heritage Palms Estates Storm Drain Lines
Sewer Viewer doesn’t have the equipment needed, so they cannot complete the project. They referred Chris to Extreme Divers, but they lost all their equipment in the hurricane, and completing the project will be delayed. District Manager Teague recommended having the entire system visually inspected by Sewer Viewer in the meantime, and the Board agreed. There had been a previous quote of $7,400 for the project.
Chair Whitten stated that the timer on a light for the fountain on Lake 22 is not starting in the morning.
He also stated that the fountain in Lake 8 had moved and was then reanchored. He had received comments from residents that it was not in the previous location. The Board decided to leave it where it is.
The third issue he presented was that a resident had a black olive tree near the lake that they would like removed. Chair Whitten determined that it is the responsibility of the ARC to address.
TWELFTH ORDER OF BUSINESS District Manager
A. Hurricane Ian Damages Update
Chris reported that he has been conducting debris cleanup, and expenses are $25,000 up to this point.
B. Financial Report for October 2022
District Manager Teague reviewed the Financials.
Supervisor Lubozynski would like to have a plan for use of the fund balance established for the budget, identifying the long term major items to be addressed, including roads and lakes, and the timeframe for completing them. He would also like to see bank statements. District Manager Teague will draw up a plan and present it to the Board at the next meeting, and include 3 months of the most recent bank statements.
On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Financial Report for October 2022 was accepted for Audit, as presented.
C. FEMA Application
District Manager Teague stated that they have submitted an application to FEMA for reimbursement up to $1 million. Staff will charge $65 per hour for submitting claims, and this will be done on a regular basis. They have also enlisted the services of a grant writer at $300 per hour, but they will only be used if needed.
On MOTION by Supervisor Breisch, seconded by Supervisor O’Brien, with all in favor, the Board approved the expenditure of $65 per hour to staff for filing claims with FEMA, and $300 per hour for a grant writer, if the grant writer’s services are needed.
D. Fiscal Year 2022 Budget Amendment and Resolution 2023-02
This allows for adjustment of expenditures over or under projected expenses in the Fiscal Year 2022 Budget. The CDD is $52,000 under budget that would go into the fund balance or reserves. Supervisor Lubozynski asked questions about the Budget.
On MOTION by Supervisor O’Brien, seconded by Chair Whitten, with 4 in favor, and Supervisor Lubozynski opposed, the Board approved Resolution 2023-02.
THIRTEENTH ORDER OF BUSINESS H.O.A. Report
There was no H.O.A. report.
FOURTEENTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments
Vice Chair Switzer requested that Field Manager Pepin attend the meetings, either in person or virtually. District Manager Teague will present to the Board what he would charge at the next meeting.
FIFTEENTH ORDER OF BUSINESS Audience Comments
George Smothers commented that there was a broken curb at Heritage Palms and Washingtonia. District Manager Teague will have Chris investigate.
SIXTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Lubozynski, seconded by Supervisor Breisch, with all in favor, the Board agreed to adjourn at 10:44 a.m.
The Next Regular Meeting: December 19, 2022 at 8:00 a.m.