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Minutes 08/17/2012 Port of the Islands Community Improvement District Severn Trent Services, Management Services Division 210 North University Drive, Suite 702—Coral Springs—Florida 33071 (954)753-5841 —(954)345-1292 Fax October 8,2012 Memorandum To: Mr. Robert Dick Severn Trent Services,Inc. 5726 Corporation Circle Fort Myers,Florida 33905 Reference: Minutes of Meeting Held August 17, 2012 and Approved September 21,2012 From: Calvin Teague District Manager Enclosed for your records is a copy of the minutes of the above-referenced meeting of the Port of the Islands Community Improvement District's Board of Supervisors. Please be sure to make this document available for public access during normal business hours. If you have any questions,please contact Janice Swade at(954) 753-5841. Cc: For informational purposes only: Os. Crystal Kinzel tibirector Clerk of the Circuit Court/Finance Department 3299 Tamiami Trail East Suite 403 Naples,Florida 34112-5746 Mr.Leo Ochs,Jr. Collier County Manager 3299 Tamiami Trail East Suite 202 Naples,Florida 34112 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News . + PORT OF THE ISLANDS 210 N UNIVERSITY DR # 702 CORAL SPRINGS FL 33071 REFERENCE: 010948 59693309 PORT OF THE ISLANDS State of Florida ak .> t, w r 4T^hEtiV k _ ,iz .'it' , Counties of Collier and Lee lihn,..L. 1.„ .01: 5 6fioK) U 1?Ii %-$5:-MT kl.'' :S* .er '':.M54-47"-;1'{ .., a.'.;r:.''; .f:S r4:1-;',1 Before the undersigned authority, ersonall tri (fir ' ` sloE ,ii Siftlx P �' ��$' �11E It G�,r�`COKSN]ER'7F1� P,QSlIF'�e� ,]y:� N7�K7#ffi appeared Lynn Schneider, says that she serves dvi 0 P ' ''..?,.11 a 'aoor74 i c ;, ii Eas. J 7 b ,t !,; the Order Entry Data Specialist, of the Naples p: e _,,,in t1e+ : ` Daily News, a daily newspaper published at Na b �- a 7 4.:sgi a' ;". .i in Collier County, Florida: distributed in ColV1.4 -' Ica e °�' .,�- 3 o r 1- a tt?fudd lthe,' get W and Lee counties of Florida; that the attachedW 5 d` � I copy of advertising was published in said �� � newspaper on dates listed. ' rez ? Vi,9 ` 4ro ,Y , b. , ro , . Affiant further says that the said Naples D4' x r, $ `�.71...A:�'• �- o ' a AO naS e ? a 9J1 �j Roa r�" eon News is a newspaper published at Naples, in sz sos�' 9 b fli ai+( ,, � fi ance, Collier County, Florida, and that the said o ,; ft it, 3:4.1.yo 5 �� � in newspaper has heretofore been continuously � OA Ifs c ,: a the.$oa a ,141.741474.atiee�p'"usi j� a '� day and has been entered as second class mail j R, , :; : a :!S �,���, tvr ,:i „ ane. ,q , �p Ftpnd"a' a� . 'E matter at the post office in Naples, in said , al �� ean ,:,,,;:i „.:;..,.-„, 5 ,ta.F each• .�'I�" 4.✓ Collier County, Florida, for a period of 1 P yecr�`tc� [g� eG ,i�3��eh�n�.nT 0 e.�' ! 1 P�a fit next preceding the first publication of the ` 1 ng ezeoa�PnF �th�s" �` "'� fi i C bL -i r. af: 7Nis. attached copy of advertisement; and affiant ,�E�� t23 V t W a` re app'��((g further says that he has neither paid nor s "c7.V., a� e � p � r_,,ng",� ii,,'--We'n�i.'d , t aP Y n ad b S promised any person firm or corporation any 4z •, de d�atpcb, a �L ' ,a discount, rebate, commission or refund for the td�n s�x$,1na P,J ,rt1 purpose of securing this advertisement ford ,gyp°" , ��'W"0'00'ffie ,- . . . publication in the said newspaper. to .y�� ,.?i „tom" �; � n nai N ,. -x;:aJr .�s�....:s., ...+z�.z.:'s-a G.�,st.r .._..z.*rr rc.,.udm.,...rt.-.4.� PUBLISHED ON: 07/24 07/31 r.IT j: .... j 1 11'` ) ' .. �yy� 1 AD SPACE: 72 LINE i 5' 1 1, t�u�7 1IL FILED ON: 07/31/12 _ \\ _ —� Signature of Affianti--- Sworn to and Subscribed before me this 10"-- day of (d" lcv f 20 ( Personally known by me _1_A1�. 6 ..3E ,J, 'P CRYSTAL G.JONES � r:,•::= MY COMMiS5l04�Df)Ot34 ;'. Banded ThruNotaryP Public 210, Underwriters MINUTES OF MEETING PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Friday, August 17, 2012 at 10:00 a.m. at the Orchid Cove Clubhouse; 25005 Peacock Lane;Naples,Florida. Present and constituting a quorum were: Richard Ziko Chairman Norine Dillon Vice Chairperson Dale Lambert Assistant Secretary Charles Custer Assistant Secretary Also present were: Alan Baldwin Severn Trent Services Daniel Cox District Counsel Ronald Benson District Engineer Robert Dick Severn Trent Services Robert Casey Field Manager, Severn Trent Services Robert Edge Lead Operator, Severn Trent Services Robert Migdal Severn Trent Services Operations Anthony Davis Orchid Cove HOA Jean Kungle POI Realty Dan Kelly Resident Tom Mack Resident John McCullough Resident Tom Weis Resident The following is a summary of the discussions and actions taken at the August 17, 2012 Port of the Islands Community Improvement District's Board of Supervisors Meeting. FIRST ORDER OF BUSINESS Roll Call Mr.Ziko called the meeting to order and Mr. Baldwin called the roll. Monday,9/10/12 August 17,2012 Port of the Islands CID SECOND ORDER OF BUSINESS Approval of the Minutes of the July 20,2012 Meeting Mr. Ziko stated each Board member received a copy of the Minutes of the July 20, 2012 Meeting;requesting any additions,corrections or deletions. • On Page 4, Line 130, under funded should replace under budget. There being no further additions, corrections or deletions, On MOTION by Mrs. Dillon seconded by Mr. Lambert with all in favor, the Minutes of the July 20, 2012 Meeting were approved as amended. THIRD ORDER OF BUSINESS Audience Comments • Mrs. Dillon updated the Board regarding Mr. Bissell's health condition. • Mr. Weis commented the POI CERT (Community Emergency Response Team) was disbanded due to lack of interest. ➢ All equipment was returned to the Fire Chief; remaining funds will be returned to the Fire Control District. FOURTH ORDER OF BUSINESS Public Hearing to Adopt the Budget for Fiscal Year 2013 On MOTION by Mr. Lambert seconded by Mrs. Dillon with all in favor, the Regular Meeting was recessed; and the Public Hearing to consider adoption of the Fiscal Year 2013 Budget was opened. • Assessments will not increase. Hearing no comments or questions from Supervisors, staff or the public, On MOTION by Mr. Lambert seconded by Mr. Custer with all in favor, the Public Hearing to consider adoption of the Fiscal Year 2013 Budget was closed. A. Consideration of Resolution 2012-6 Adopting the Budget for Fiscal Year 2013 Mr. Baldwin presented Resolution 2012-6 for the Board's review and adoption; a copy of which will be entered into the official record. There being no comments or questions, Monday,9/10/12 2 August 17, 2012 Port of the Islands CID On MOTION by Mr. Lambert seconded by Mr. Custer with all in favor, Resolution 2012-6 Relating to the Annual Appropriations of the District and Adopting the Budget for the Fiscal Year Beginning October 1,2012,and Ending September 30,2013; and Referencing the Maintenance and Benefit Special Assessments to be Levied by District for Said Fiscal Year was adopted subject to insertion of the appropriate numbers. B. Consideration of Resolution 2012-7 Levying the Assessments for Fiscal Year 2013 Mr. Baldwin presented Resolution 2012-7 for the Board's review and adoption; a copy of which will be entered into the official record. There being no comments or questions, On MOTION by Mrs. Dillon seconded by Mr. Custer with all in favor, Resolution 2012-7 Levying and Imposing a Non-Ad Valorem Maintenance Special Assessment for the District for Fiscal Year 2013 was adopted subject to insertion of the appropriate numbers. The Board proceeded with the Regular Meeting. FIFTH ORDER OF BUSINESS Old Business A. Review of Landscape Maintenance Performance • Mr. Soto was not available to do a ride-through, but a report was distributed for the Board's information; a copy of which will be entered into the official record. B. Update on Well Problems and Retrofitting of Well#3 • Mr. Benson reported the test for the water drawdown was completed and is operating within the appropriate guidelines. • Measurement of water level fluctuations will continue to be conducted. • SWFWMD may change their requirements in the future. • Mr. Benson is waiting for an estimate to do further repairs. C. Update on U.S. 41 Median Flooding • Mrs. Dillon reported someone from FDOT was measuring the road in this area, but she has not heard anything official from them. Monday,9/10/12 3 August 17, 2012 Port of the Islands CID D. Update on Proposals for Sandblasting and Painting of Buildings at POI Utility Site Mr. Edge presented proposals from Service Painting Florida and Custer Construction Inc. for the Board's consideration; copies of which will be entered into the official record. • Mr.Edge believes Custer Construction will do a more thorough job. • Mr. Ziko commented Mr.Edge needs to ensure these companies have contractor's licenses and appropriate insurance coverage. Mr. Lambert MOVED to approve the estimate from Custer Construction Inc. in the amount of$39,132 to clean,treat and paint all surfaces at the Port of the Islands Water Reclamation Plant. • Mr. Custer should recuse himself since the company is owned by his son. Mrs. Dillon SECONDED the prior motion as discussed. There being no further discussion, On VOICE vote with Mr. Ziko, Mrs. Dillon and Mr. Lambert voting aye; and Mr. Custer recusing himself from voting, the estimate from Custer Construction Inc. in the amount of$39,132 to clean, treat and paint all surfaces at the Port of the Islands Water Reclamation Plant was approved subject to said contractor providing the appropriate construction licenses and insurance. • Mr. Cox acknowledged he will provide Mr. Custer with Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, which will be entered into the official record for this meeting. SIXTH ORDER OF BUSINESS New Business There being no new business to discuss,the next item followed. SEVENTH ORDER OF BUSINESS District Manager's Report A. Approval of July 31,2012 Financial Statements and Check Register Mr. Baldwin presented the July 31, 2012 Financial Statements and Check Register for the Board's review and approval; copies of which will be entered into the official record. Monday,9/10/12 4 August 17,2012 Port of the Islands CID • Tax collections are at 93%, with Mr. Motwani's being the only outstanding property. • Total revenues are at 94%. • Total expenses are at 72%. • Mr. Baldwin was asked to follow up with Mr. Teague on the following items: ➢ An explanation for two items under Unused Residue Budget Old Contract on Page 10 in the Check Register and two similar items on Page 11. ➢ The reason these Financial Statements show monthly charges only going back to May and June. • Mr. Edge will work through details of the water bill for the Gun Club. There being no further discussion, On MOTION by Mr. Lambert seconded by Mrs. Dillon with all in favor, the July 31, 2012 Financial Statements and Check Register were approved. B. Meeting Schedule for Fiscal Year 2013 Mr. Baldwin presented the Meeting Schedule for Fiscal Year 2013 for the Board's review and approval; a copy of which will be entered into the official record. Mrs. Dillon MOVED to approve the Meeting Schedule for Fiscal Year 2013; and Mr. Custer seconded the motion. • Mr. Lambert asked Severn Trent Services to ensure all of these meetings occur on the third Friday of each month. There being no further discussion, On VOICE vote with all in favor, the prior motion was approved as discussed. EIGHTH ORDER OF BUSINESS Field Manager's Report A. Discussion of July 2012 Operations Report Mr. Edge distributed the July 2012 Operations Report for discussion; a copy of which will be entered into the official record. Monday,9/10/12 5 August 17,2012 Port of the Islands CID • The broken fire hydrant at Newport Cay was repaired this week. ➢ The CID is responsible for annual testing according to the statutes. ➢ Mr. Edge will implement a plan to ensure all of the hydrants are inspected on a quarterly basis. ➢ Broken hydrants are usually bagged; and the Fire Department is notified. • Backflow prevention testing revealed seven backflow meters in Orchid Cove are in need of repair. ➢ Purchase and installation of the kits will cost a little over$1,000. ➢ The Board would like to see a breakdown of labor and hours being charged and projected for the work to be done. B. Update on Leaking/Rusting of Fire Hydrants • Mr. Edge inspected the hydrants and did not find any which were leaking or rusting. Miscellaneous issues were discussed. • Mr. Edge commented mosquito spraying has been decreased, as there have not been many mosquito issues lately. • Mr. Edge is in the process of training to obtain a pesticide application license. • The rain gauges have been turned off, but Mr. Edge will follow up with Soto regarding any issues. NINTH ORDER OF BUSINESS Attorney's Report A. Update on North Hotel Bankruptcy Proceedings • The Judge denied the Motion for Summary Judgment. • The entity which holds the mortgage to the hotel is filing a separate lawsuit challenging the priority of the liens; and Mr. Cox will be filing a motion to dismiss around August 28,2012. A A motion to consolidate the two lawsuits has been filed with the attorney agreeing to work with Mr. Motwani's attorney to review the documents Severn Trent has already provided; and has also agreed to read through the depositions which have already been taken. • Mr. Cox will have to hire a couple of experts to assist in the investigation. Monday,9/10/12 6 August 17,2012 Port of the Islands CID • Mr. Motwani suffered a severe heart attack, which will delay the proceedings further. • Mr. Cox believes this will not likely go to trial until early next year. B. Update on Lot 45 Drainage Swale Agreement C. Update on Sunset Cay Utility Dedication Report • Mr. Cox has not received any feedback on either of these items. TENTH ORDER OF BUSINESS Engineer's Report A. Update on New Water Treatment Plant Mr. Benson presented the Monthly Progress Report for discussion; a copy of which will be entered into the official record. B. Update on Liquidated Damages from Xlyem Water Solutions USA (ITT Technologies) • They have not sent any further pay requests; and Severn Trent is holding $163,000 of the contract balance. • It was suggested Mr. Lambert continue to work as the Board's representative with Mr. Benson, Mr. Cox and Mr. Teague to determine recommendations to proceed further. • A change order will probably be necessary to close out the contract. • No final completion date has been determined. ELEVENTH ORDER OF BUSINESS Supervisors' Requests • Mr. Custer commended CERT for all of their efforts in the past. • Mr. Lambert suggested a line item be set up to cover possible equipment replacement at the water plant, similar to what was done with the MBR membranes. • Mr. Migdal commented Mr. Edge is able to view the new water treatment plant and data in real time on the IPad. TWELFTH ORDER OF BUSINESS Audience Comments • The Fire Chief discussed the survey they are preparing for insurance services throughout the districts. • The Fire District has not been able to find any alternatives to fund the POI Marina. Monday,9/10/12 7 August 17,2012 Port of the Islands CID • Mr. Davis was told there has been no feedback from Sunstream Resorts regarding the three buildings they were going to put in on the south side. • Mr. Davis was told the weir move is not going to affect the water flow and the fire hydrant. THIRTEENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mrs. Dillon seconded by Mr. Lambert with all in favor,the meeting was adjourned. 4,CIM) 4e- e Bakal:mg/art n r `r t: l t o Richard Ziko Assistant Secretary Chairman V lC !t-iRM A. i Monday,9/10/12 8