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Draft Meeting Minutes for April 22, 2024

Colonial Country Club
Community Development District

The regular meeting of the Board of Supervisors of the Colonial Country Club Community Development District was held on April 22, 2024 at 2:00 p.m. in the Activity Center of the Community Center at 9171 Independence Way in Fort Myers, Florida, and also via web conference.

Present and constituting a quorum were:

Tim Worthington – Chair
Sally Hefti – Vice Chair
Giovanna Scuderi – Assistant Secretary
Joe Zajac – Assistant Secretary

Also present were:

Cal Teague – District Manager, Premier District Management (PDM)
Patrick Tohill – Director of Agronomy, Colonial Country Club
Rich Collins – HOA Master Board

Attending remotely:

Sam Marshall – Engineer, Banks Engineering
Christopher Dudak, Client Services Manager, PDM

The following is a summary of the actions taken at the Colonial Country Club Community Development District (CDD) Board of Supervisors meeting.

FIRST ORDER OF BUSINESS Call to Order and Roll Call

The Colonial Country Club Community Development District Meeting was called to order at 2:03 p.m., and District Manager Teague called the roll. All Board members were present, except Supervisor Klein. Also attending was Cal Teague, the District Manager, Patrick Tohill, the Director of Agronomy, and Rich Collins from the HOA Master Board. Participating remotely were Sam Marshall, the Engineer, and Christopher Dudak, the Client Services Manager, PDM.

SECOND ORDER OF BUSINESS Approval of the Agenda

Add 5A Golf Course Renovations affecting District Lakes Discussion
Add 6C Lake 28 Fountain Issue and Proposal
Add 9A CS/CS/HB 1073 – Goals, Objectives, and Measures Annual Report Due October 1, 2024
Add 10A Lee County MS4 Audit of Stormwater Programs

On MOTION by Vice Chair Hefti, seconded by Chair Worthington, with all in favor, the Board accepted the Agenda, as amended.

Chair Worthington directed the discussion to Agenda Item 5A and Agenda Item 10A:

Item 5A – proposed lakes changes due to the golf course renovation project (notes below)
Item 10A – permission for the Engineer to communicate with Patrick Tohill regarding the SFWMD inspection and audit (notes below)

THIRD ORDER OF BUSINESS Audience Comments on Agenda Items

Rich Collins from the Master Board mentioned that they had received a comment from a resident, after alligator warning signs had been placed around the lakes. The resident asked that the CDD add another warning sign by the preserve behind the carriage homes on Mill Creek. This is CDD property, and the Board agreed to place a sign on Lake 30, utilizing whatever language is currently being used on the lakes signage.

FOURTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for March 25, 2024

On MOTION by Supervisor Scuderi, seconded by Chair Worthington, with all in favor, the Board approved the Draft Regular Meeting Minutes for March 25, 2024, as presented.

FIFTH ORDER OF BUSINESS Old Business

This was discussed at the beginning of the meeting.

A. Golf Course Renovations affecting District Lakes Discussion

Patrick Tohill from the Golf Course explained that the permitting process is expected to take 4-6 months, and the application is being submitted today. He stated that Gordon Lewis completed hand drawings of the changes to the lakes, which were submitted to the Board before the meeting. The Golf Course’s engineering firm, Grady Minor, also provided a map, which Mr. Tohill will send to the Board after today’s meeting. He explained the components of the hand drawings and the map. SIT maintenance on the golf course maintenance facility will be permitted and performed at the same time as the changes to the lakes.

Mr. Tohill summarized many of the changes, which were discussed:

The Grady Minor map key designates “green” for lake reduction and “blue” for an area of lake expansion.

Lakes will be expanded at Hole 12 on Lake 7, and at Hole 14 on Lake 6 on the right side of the fairway.

On Lakes 8 and 9 at Hole 11, fill will be added, and the lakes will be expanded at the tee boxes, which will balance them.

Hole 9 on Lake 15 will be expanded at the tee box.

Lake 27 near Hole 7 will be expanded.

There will be a small expansion and a large reduction behind the chipping green on Lake 1.

On Lakes 23 and 24, a land bridge will be installed. The lake will be expanded to the right of 5 green and reduced at Hole 6.

The waste area will be smaller.

There will be some bulkhead replacements and all new bulkhead caps in many places.

Overall, the proposed changes will only minimally affect the level of the lakes.

SIXTH ORDER OF BUSINESS New Business

A. Proposal for Damaged Fencing between Lakes 11 and 60

Staff handed out a map to the Board, illustrating the area of previously approved work on Shadow Glen, and the damaged area for which Eagle Fence has not submitted a proposal. Field Manager Pepin reported that he had spoken to them, and they informed him that they only allow one open work order per client, and the previously approved project is scheduled to be completed today. When this is complete, they will evaluate the fencing between Lakes 11 and 60.

B. Palm Tree Pruning within the Preserve Islands Consideration / Proposal

Field Manager Pepin noted that it has been a few years since the Board had pruned the cabbage palms within the preserve islands between the properties and the preserve walking path. The Board requested a proposal for this work.

C. Lake 28 Fountain Issue and Proposal

Field Manager Pepin stated that the fountain in Lake 28 needs a new motor and pump. Field Manager Pepin’s records indicate that the pump was replaced in May, 2022, but it is out of warranty, and he did not have any records as to when the motor was last replaced. Premier Lakes decided that they will replace both the motor and the pump. The proposal was approved by the Board.

On MOTION by Vice Chair Hefti, seconded by Chair Worthington, with all in favor, the Board approved Premier Lakes to replace the motor and pump on the Lake 28 fountain, not to exceed $4,154.

SEVENTH ORDER OF BUSINESS District Manager

A. FEMA Appeal

District Manager Teague reported that Florida Department of Emergency Management (FDEM) has reviewed the two appeal letters that staff submitted, and they have fully recommended both projects to FEMA. Now we are waiting for FEMA’s response. FDEM could not have recommended the projects based on our appeal package, or they could have sent a limited recommendation, so this full support is, tentatively, good news. However, we are still pessimistic about FEMA’s ultimate approval of the projects. District Manager Teague stated that there are many hurdles yet to surmount.

B. Financial Report for March 2024

District Manager Teague reviewed the Financials, and they were discussed. He reported that the District has $34,537 in the general fund at this time, but the interest will be changing from 5.12% to 4.75%.

On MOTION by Chair Worthington, seconded by Vice Chair Hefti, with all in favor, the Board accepted the Financials for March 2024, as presented.

C. FY 2025 Draft Budget

District Manager Teague noted that there is no assessment increase in the Draft Budget. Supervisor Zajac noted that $70,000 was put into boardwalk reserves next year, which is an increase of $50,000, as had been requested previously.  District Manager Teague requested that the Board forward any adjustments they would like to him, because the Board will approve the Proposed Budget at the next meeting, and it will be the basis for the Public Hearing in August.

D. Quarterly Simplified Water Quality Report

Staff included a simplified summary with the standard report provided by Benchmark EnviroAnalytical, and all four tested lakes’ averages are in the “good” range.

E. Supervisor Election Qualifying Information

A summary sheet was included in the packet, identifying the required documents for those running for office. Staff will advertise the qualifying period before the required date, per Florida Statutes, which is 2 weeks before the beginning of the qualifying period. Client Services Manager Dudak explained the process for submitting the qualifying documents, and that mailing them is an acceptable alternative to meeting in person with Supervisor of Elections staff. He also noted that the “DSDE 84 Statement of Candidate” should be stricken from the needs section, unless a candidate will accept campaign contributions.

F. Annual District Registered Voter Count (1627)

This was included in the packet for the Board’s information. District Manager Teague stated that the registered voter count for Colonial Country Club must be read into the minutes each election year, per Florida Statutes. The count was 1,627 registered voters.

EIGHTH ORDER OF BUSINESS Field Manager

A. Current Field Inspection Report

Field Manager Pepin’s report was included in the packet and the following was discussed:

Supervisor Hefti asked if the Skyview Lake bank erosion mentioned in the report was addressed, and District Manager Teague stated that the homeowner had completed the project.

Vice Chair Hefti asked Field Manager Pepin to weed the butterfly garden and install new plants and mulch, before the rainy season, which will be completed. She also requested that he plant more wildflower seeds, as has been done in the past.

B. Follow-up Items

i. Fencing Repairs on 9016 – 9024 Shadow Glen Way Update

Field Manager Pepin noted that the repairs are scheduled to be completed today.

ii. Vines and Dead Trees on Horse Creek and Country Club Blvd

A handout displaying two areas that need to be addressed was included in the packet. It illustrates a heavy presence of vine growth on the pine trees near Horse Creek Road and Country Club Boulevard that will eventually kill the trees, and he recommended cutting and treating the vines. There is also a lot of new exotic growth in this area, including Brazilian Pepper, that should be treated and removed. Pristine Lakes will provide a proposal to clean up this area, and also another proposal to trim any vegetation that is encroaching from the preserve islands along Horse Creek Road. Field Manager Pepin submitted proposals, and he believes that all this work should take 2 to 3 days to complete. The Board approved these proposals.

On MOTION by Chair Worthington, seconded by Vice Chair Hefti, with all in favor, the Board approved the removal and treatment of vines, and the removal of dead trees and exotic growth near Horse Creek Road and Country Club Boulevard, not to exceed $4,800.

iii. Lake 28 Sinkhole/Washout between 11035 and 11037 iron Horse Way

Field Manager Pepin stated that, as of the last inspection, the washout was still present. He expects the repair to be completed sometime next month.

iv. Links Drive Compressor Question

Supervisor Zajac asked if the compressor system complaints he mentioned at the last meeting were the same, and Field Manager Pepin stated that they were. He stated that Alex Kurth has added upgraded mufflers to the compressors, and rebuilt one of them, and the systems are now much quieter.

C. Project Tracking Logs

The log was submitted, and there were no questions.

NINTH ORDER OF BUSINESS Attorney

A. CS/CS/HB 1073 – Goals, Objectives, and Measures Annual Report Due October 1, 2024

District Manager Teague stated that Attorney Urbancic sent a memo, stating that a new law, beginning in Fiscal Year 2025, will require the Board to design a document, and publish it on its website, which includes the goals of the District. This document is required to include how goals are tracked and evaluated for each project the District undertakes. A report will then be due annually, beginning on December 1, 2025, and published on the District’s website, indicating how it succeeded or failed to accomplish these goals.

Staff will draft a document for the Board to review.

TENTH ORDER OF BUSINESS Engineer

A. Lee County MS4 Audit of Stormwater Programs

This was discussed at the beginning of the meeting.

Engineer Marshall has been coordinating with Pat Tohill and staff concerning a stormwater program audit, which will include a visit by Lee County and other agencies.  This audit is completed on a lottery basis, and Colonial Country Club’s CDD has recently been selected. Engineer Marshall had expected this inspection.

Pat Tohill noted that the golf course will be closed May 28th through June 5th and every Wednesday after that, so this is an ideal time for the audit visit. Engineer Marshall stated that they will evaluate the overall condition of the site, and he suggested that the water management outfall structures, among other items, will be evaluated during the tour, and the golf course maintenance facility may be observed. He stated that the tour should take a maximum of 2-4 hours. Those attending will be a DEP reviewer, a Lee County representative, possibly a City representative, and Engineer Marshall. Engineer Marshall asked for the Golf Course’s fertilizer application certifications for their trainers, and Mr. Tohill stated that he will provide them.

Vice Chair Hefti asked if erosion control will be a concern, and Engineer Marshall stated that the agencies understand that this an ongoing issue, and they will just ensure that it is being addressed in a timely manner.

Engineer Marshall noted that the facilities are in excellent condition, and he expects no issues.

ELEVENTH ORDER OF BUSINESS Supervisor Requests/Comments

Chair Worthington noted that sod is washed out above the rip rap on Lake 28. He stated that it has been 3 or 4 years since the last sod replacement event. Field Manager Pepin will be asked to investigate all sod issues, to discover any needs.

Chair Worthington asked Rich Collins about the vote by the Master Board for the removal of the 10% annual cap in fee increases. It was explained that raising the cap would allow it to catch up to the fee rates.

TWELFTH ORDER OF BUSINESS Audience Comments

There were no Audience comments.

THIRTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Vice Chair Hefti, seconded by Supervisor Zajac, with all in favor, the meeting was adjourned at 3:23 p.m.

The next Regular Meeting will be May 20, 2024 at 4 p.m. in the Activity Room.

Secretary/Assistant Secretary
Chair/Vice Chair