Meeting Minutes for September 27, 2021
Community Development District
The regular meeting of the Board of Supervisors of the Heritage Palms Community Development District was held on Tuesday, September 27h, 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
Bob Breisch – Assistant Secretary
Also attending (or by web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Chris Pepin – Field Manager
Sam Marshall – Engineer
Greg Urbancic – Attorney
Ken Lehman – HOA Master Board President
Dave Lionett – HOA Master Board Director
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 were present, except Supervisor Dennis Lubozynski. Also in attendance were Cal Teague, the District Manager, Sam Marshall, the Engineer, Ken Lehman, HOA Master Board President, and Dave Lionett, HOA Master Board Director. Christopher Pepin, the District Field Manager, Greg Urbancic, the Attorney, and Christopher Dudak of PDM participated via web conference.
SECOND ORDER OF BUSINESS Approval of the Agenda
District Manager stated that 8B should be redefined. The issue is a review of the contract, and not a proposal as originally stated. The Board reviewed the amended Agenda.
On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Agenda was approved as amended.
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 August 10, 2021
On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Meeting Minutes for August 10, 2021 were approved as submitted.
FIFTH ORDER OF BUSINESS Attorney
A. Lake L-6: Transfer to Private Control Legal Opinion
- Attorney Urbancic stated that we cannot convert public or CDD property to private property without substituting comparable property. Because Lake 6 is part of the stormwater system, and bond funds were possibly used to pay for developing it, we should be careful in transferring it, but we should be able to transfer it.
- In response to Supervisor Breisch’s question regarding if Lake-6 was owned by the CDD, District Manager Teague stated that the CDD does own it, and it is reflected in the Property Appraiser tax records.
- Supervisor Breisch also stated that there was a high probability of transfer from an engineering and legal standpoint.
- District Manager Teague asked about an easement and cost sharing with the HOA. Attorney Urbancic stated that they are still converting the use of it, unless the CDD will retain and operate it.
- Supervisor Breisch asked what is comparable value, is it based upon square footage of the surface or real estate value? Attorney Urbancic responded that it could be both or either. Supervisor Breisch asked if the city has any say. Attorney Urbancic stated that the State determines if we can modify the permit. Any legal stipulations will have to be addressed by the HOA and the CDD.
- Engineer Marshall stated that the cost/value is determined by South Florida Water Management District (SFWMD) and permitting could be $8-10,000 or more if other issues need to be addressed. Other unseen issues could possibly incur another $5,000 in expenses. A SFWMD permit is good for 6 years, and the city permit is good for 6 months. Both are needed, so you need to wait to apply until you have decided what to do.
- Attorney Urbancic stated that the Board should address the HOA first as to intent or use. There should be no question as to the intent of private use of public funds.
- Vice Chair Switzer asked Attorney Urbancic if he has ever transferred public land to private, and he stated that he had.
On MOTION by Supervisor Breisch, seconded by Supervisor O’Brien, with all in favor, the Board gives the CDD the authorization to proceed with the transfer of that portion of Lake 6 that was not critical to the stormwater system, and assure that it is legally permissible.
SIXTH ORDER OF BUSINESS Engineer
- Engineer Marshall stated that the NPDES annual report is due at the end of October, and there will not be an audit required next year.
- District Manager Teague reminded the Board that there will be Engineering expenses for compliance and for creating a report for system maintenance monitoring to comply with the requirements of HB 53, which is due by October of 2022.
SEVENTH ORDER OF BUSINESS Old Business
A. Lodge Valley Gutter Replacement Discussion
i. New Proposal for 4′ Wide Gutter
- County Concrete provided an estimate for a 5′ wide gutter in front of the lodge for $16,350. CSG had previously presented a proposal for a 4′ wide gutter for $6,974. County Concrete’s proposal was more expensive because it would replace the asphalt and they believed that 5′ was the best to get the desired effect. The Board and the HOA President agreed that a 5′ wide gutter pan was best and CSG will present this to their contractor and request the proposal for the 5′ gutter pan and repair of the asphalt.
- Engineer Marshall stated that a trench drain is more expensive and has a maintenance cost for cleaning it periodically. He also stated that the longevity may not be as good.
- Engineer Marshall stated that a grate won’t make the noise that a plate will.
- In response to Supervisor’s Breisch question, Engineer Marshall recommends using concrete over asphalt, because water flow strips out the aggregate.
On MOTION Supervisor Breisch, seconded by Chair Whitten, with 2 in favor, Vice Chair Switzer and Supervisor O’Brien opposed, the Board agreed that Field Manager Pepin, Engineer Marshall, and Kevin Lehman from the HOA Master Board will get three estimates for the construction of a 5′ wide gutter pan at the lodge entrance with a 50/50 share of the cost between the HOA and the CDD, not to exceed $16,350.
On MOTION Supervisor Breisch, seconded by Chair Whitten, with 3 in favor, Supervisor O’Brien opposed, the Board agreed that Field Manager Pepin, Engineer Marshall, and Kevin Lehman from the HOA Master Board will get three estimates for the construction of a 5′ wide gutter at the lodge entrance with a 50/50 share of the cost between the HOA and the CDD, not to exceed $16,350.
The Meeting moved to the Field Manager report at 9:13 because of Field Manager Pepin’s time constraints.
B. 11158 Wine Palm Drainage Discharge Over Sidewalk
- Field Manager Pepin reported that no modifications have been made as of 9/24/2021. The HOA continually pressure washes it to reduce the algae and slime from building up on the concrete, and it is still roped off with cones and tape.
- Chair Whitten stated that the flow from the bubbler is steady, and he confirmed that it is a closed system, so there is no golf course ground water runoff.
- Attorney Urbancic stated that the CDD has no authority to demand that the homeowner cap it, nor to complete it and then send him the bill. A demand can be made, but there is no enforcement authority.
- After discussion, the Board desires to have it completed and to put the issue to rest. Chair Whitten believed that the homeowner would reimburse the CDD for the extension of the pipe, but that hasn’t been confirmed.
- The Board agreed to have Conidaris do a temporary fix, because there has been no response from the homeowner, and then send the homeowner the bill. Attorney Urbancic will send a letter to the homeowner stating that in the interest of public safety, the District will have the drain extended.
On MOTION by Supervisor Breisch, seconded by Chair Whitten, with 3 in favor, and Supervisor O’Brien opposed, the Board agreed to contract with Conidaris to complete a temporary fix on the 11158 Wine Palm Drainage Sidewalk.
EIGHTH ORDER OF BUSINESS New Business
A. Penzance Gate Turnaround Surface Damage
- Garbage trucks and other service vehicles are using this area to turn around, and it is tearing up the recent repairs.
- The Board will ask Engineer Marshall and Field Manager Pepin to examine it and determine what can be done, including the possible use of concrete in the area.
B. Pressure Washing Contract 2019 through 2021 Discussion
Last year the Board inquired about having another pressure washing company conduct this year’s roadway pressure washing. There is currently a 3 year contract with Premier Pressure Washing, which ends this year, and the Board is not happy with the work they have done. The Board needs to decide if they want to cancel the contract or proceed with it.
On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Board agreed to receive estimates from other companies than Premier Pressure Washing for the next cycle after 2021.
C. Lake L-7 Bulkhead Repair Discussion
Field Manager Pepin reached out to Artistic Structures asking them to look at the bulkhead concerns and to give us the cost to repair it. He is still waiting to hear back from them.
NINTH ORDER OF BUSINESS Field Manager
A. Field Report for August
- Field Manager Pepin stated that there is more trash in general in the lakes.
- He also stated that various lakes have compressor issues.
- He reported that no adult apple snails have been found this year, and the Field Manager has killed any egg pods he finds.
- The L-7 bulkhead is in need of repair, and Field Manager Pepin will have an estimate for the repair at the next meeting. In response to Vice Chair Switzer’s question, the Bulkheads are pressure washed periodically, but not stained. Field Manager Pepin has done a full inspection and has classified repair needs in order of priority.
- Various lakes needed sod replacement at wash outs he identified, and the sod has been replaced.
B. Follow-up Items
i. Various Fences Repair Updates
- Field Manager Pepin stated that the project is delayed until water levels along the fences go back down for the winter. When the water recedes, the repairs and replacement will be done on the fences previously approved.
- Regarding the new fence for Casa Del Lago, the property lines have been established and can be installed on CDD property. Chair Whitten stated that Casa Del Lago residents request that the fence be put 6′ into Heritage Palms property. They do not want anyone working on their property, so the fence material will need to be transported through the preserve/ drainage swale during the dry months to complete the project.
ii. Mosquito Fish Seeding
- Last month Lee County Mosquito Control released 25 mosquito fish into Lakes 3, 4, 6, 7, 14, and 29. These lakes were selected on the recommendation of Lake and Wetland Management.
TENTH ORDER OF BUSINESS District Manager
A. Financial Statements for July and August 2021
On MOTION by Chair Whitten, seconded by Supervisor O’Brien, with all in favor, the Board agreed to accept the Financial Statements for July and August, 2021.
B. Letter to ARC Update
- The letter that was sent was in the packet. Jan Donaldson stated that the ARC is committed to working with the CDD on future issues effecting both organizations’ properties. She also stated that they typically do not review plans, or even ask for them. However, they will now do so.
- District Manager Teague stated that there does not need to be a plan in an engineering format. A hand drawing will do.
ELEVENTH ORDER OF BUSINESS HOA Report
There is nothing to report.
TWELFTH ORDER OF BUSINESS Supervisor Reports, Requests, and Comments
- Supervisor O’Brien commented that when we talk to the contractor about the gutter, we should make sure they understand how to handle traffic, length, width, and other issues. They should work in one lane at a time to avoid blocking traffic.
- Chair Whitten stated that the Ranchette final letter had been sent.
- Vice Chair Switzer stated that he heard that the child’s parents punished him significantly.
THIRTEENTH ORDER OF BUSINESS Audience Comments
- Jan Donaldson wondered if the dry season would take care of the water issues at Wine Palm.
- George Smothers commented on the lodge gutter construction, and he suggested putting plates back on. He believed that it would work if anchor bolts could be countersunk in a sleeve.
- District Manager Teague stated that the project should be coordinated with Jonie, so the fire department’s yearly flushing will be at the same time.
- There was a question from a resident about painting light poles. District Manager Teague or Chair Whitten had not heard about the issue.
FOURTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Vice Chair Switzer, seconded by Supervisor O’Brien, with all in favor, the Board agreed to adjourn.
The Next Regular Meeting: October 25th, 2021 at 8 a.m.