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05/17/2013 MinutesT MINUTES OF MEETING' PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands munity n Improvement District was held Friday, May 17, 2013 at 10:00 a.m. at the Orchid Cove Clubhouse; 25005 Peacock Lane; Naples, Florida 34114. Present and constituting a quorum were :: Norine Dillon Chairperson Theodore Bissell Vice Chairman Anthony Davis Assistant Secretary Dale Lambert Assistant Secretary Richard Ziko Assistant Secretary Also present were; Calvin Teague District Manager Daniel Cox District Counsel Ronald Benson District Engineer Robert Edge Lead Operator, Severn Trent Operations Bert Underwood Severn Trent Services Operations Jean Kungle POI Realty Tom Mack Resident The following is a summary of the discussions and actions taken at the May 17, 2013 Port of the Islands Community Improvement District's Board of Supervisors Meeting. FIRST ORDER OF BUSINESS Call to Order and Roll Call Mrs. Dillon called the meeting to order and Mr. Teague called the roll. • Consideration of the Proposal for Renewal of the Wastewater Treatment Plant Permit will be held under the Engineer's Report. Wednesday, 05 -22 -2013 May 17, 2013 Port of the Islands CID SECOND ORDER OF BUSINESS Approval of the Minutes of the April 19, 2013 Meeting Mrs. Dillon stated each Board member received a copy of the Minutes of the April 19, 2013 Meeting requesting any additions, corrections or deletions. • The Board made minor changes which will be reflected in the amended minutes. There being no further discussion, On MOTION by Mr. Lambert seconded by Mr. Bissell with all in favor, the Minutes of the April 19, 2013 Meeting were approved as amended. THIRD ORDER OF BUSINESS Public Comment Period • Ms. Kungle commented the marina is going to close on June 17, 2013. • There will be a Meet and Greet next Monday at the Marina Store with the new owners from 4:00 p.m. to 7:00 p.m. FOURTH ORDER OF BUSINESS Old Business A. Review of Landscape Maintenance Performance The Board discussed Mr. Soto's monthly ride - through inspection and distributed notes for the Board's information and discussion; copies of which will be entered into the official record. • Severn Trent staff will ensure Mr. Bissell receives a copy of the report. i. Proposal for Palm Tree Trimming Mr. Teague presented an estimate from Soto's Lawn Service, Inc. for trimming of 158 Palm Trees in the amount of $2,370 and an estimate for trimming of 10 Coconut Palm Trees in the amount of $250 for the Board's discussion and approval; copies of which will be entered into the official record. • Mr. Edge will meet with Mr. Soto and clarify this is the correct number of trees. • The Board may approve the estimates based on Mr. Edge's verification. • No Royal, Fox or Christmas Palms should be trimmed. There being no further discussion, Wednesday, 05 -22 -2013 2 May 17, 2013 Port of the Islands CID On MOTION by Mr. Lambert seconded by Mr. Bissell with all in favor, Estimate #1508 for trimming of 158 Palm Trees in the amount of $2,370 and Estimate #2003 for trimming of 10 Coconut Palm Trees in the amount of $250 from Soto's Lawn Service, Inc. were approved subject to verification of the number of trees by Mr. • Mr. Edge will contact Soto to find out where the third estimate is and what it was for; and if Mrs. Dillon is comfortable with it, the work will be done. • Mr. Edge will ensure the trees on Cays Drive in the Villages were trimmed. FIFTH ORDER OF BUSINESS New Business A. Discussion of Landscape Planning Considerations Mr. Teague presented a list of landscape designers for the Board's information and discussion; a copy of which will be entered into the official record. • Mr. Benson may add a couple of firms to this list. • The Board commented this may be a good project for an interested college student. ➢ Mr. Teague's staff will check with Edison and FGCU. • Mr. Teague's staff will submit infonnation to the Board which will be passed on to Ms. Kehlmeier, as she may form a committee for this project. SIXTH ORDER OF BUSINESS District Manager's Report A. Approval of the April 30, 2013 Financial Statements and Check Register Mr. Teague presented the April 30, 2013 Financial Statements and Check Register for the Board's review and approval; copies of which will be entered into the official record. • Mr. Teague will verify the second item under the Check Register was for the Open House at the Wastewater Plant. • One of the two charges for legal fees in the Motwani case should be coded under Water & Sewer. Mr. Bissell MOVED to approve the April 30, 2013 Financial Statements and Check Register; and Mr. Lambert seconded the motion. • The maintenance cap will be discussed under the Field Manager's Report. Wednesday, 05 -22 -2013 3 May 17, 2013 There being no further discussion, Port of the Islands CID On VOICE vote with all in favor, the prior motion was approved. B. Distribution of the Proposed Budget for Fiscal Year 2014 and Consideration of Resolution 2013 -3 Approving the Budget and Setting the Public Hearing Mr. Teague presented the Proposed Fiscal Year 2014 Budget and Resolution 2013 -3 for the Board's review and approval; a copy of which will be entered into the official record. • The budget must be approved before June 15`h • The charge for the FDEP permit application will be billed around the end of November. • The membrane work can be delayed, if necessary. • The assessment cannot be increased once the budget is set. Mr. Bissell MOVED to adopt Resolution 2013 -3 Approving the Budget for Fiscal Year 2014 and Setting a Public Hearing Thereon Pursuant to Florida Law to be held Friday, August 16, 2013 at 10:00 a.m. at the Orchid Cove Clubhouse; 25005 Peacock Lane; Naples, Florida 34114; and Mr. Ziko seconded the motion. • The effect of the CID's cash flow from the Motwani case will be addressed during the Executive Session. There being no further discussion, On VOICE vote with all in favor, the prior motion was approved. Mr. Teague addressed follow -up items from the last meeting; a copy of which will be entered into the official record. • A late fee on a condominium water bill was waived. ➢ Any change in policy will require a rule change. SEVENTH ORDER OF BUSINESS Field Managers' Report A. Discussion of May 2013 Operations Report Mr. Edge presented the May 2013 Operations Report for discussion; a copy of which will be entered into the official record. Wednesday, 05-22-2013 4 May 17, 2013 Port of the Islands CID B. Update on Sidewalk Repairs • It appears all sidewalks in Sunset Cay are in need of replacement. • Many sidewalks have cosmetic issues as opposed to tripping hazards. • Mr. Edge will get bids, with the option of doing the most critical to be completed with the amount of concrete available in one truck load. C. Newport Signage • The traffic signs have not been installed. Miscellaneous issues were discussed. • Mr. Edge commented a meter was replaced on the customer's side as well as a repair in the area which amounted to $300. ➢ Mr. Underwood will ensure the repair is not part of the contract. ➢ The Board believes these and other similar charges are not acceptable and should be part of the contract. • The vacancy sign on Union Road was removed. Mr. Underwood discussed the Repair and Maintenance Budget Report; a copy of which will be entered into the official record. • Mr. Underwood will determine whether or not the item for $675 inside the plant as well as other items should be part of Severn Trent's contract. • Mr. Underwood will re -work the spreadsheet, as the Board finds this one difficult to follow and lacks a better description of charges. • There needs to be more oversight by both the Board and Severn Trent. EIGHTH ORDER OF BUSINESS Attorney's Report A. Update on North Hotel Bankruptcy Proceedings The Board will commence a Closed Executive Session at the end of this meeting. B. Update on Liquidated Damages from Xlyem Water Solutions USA (ITT Technologies) Mr. Cox presented an e -mail exchange between Mr. Steven Clements of Xlyem and Mr. Benson; a copy of which will be entered into the official record. • They made an offer of $50,000. • A conference call will be scheduled; at which time a counter offer will be presented to them in the amount of $65,000. Wednesday, 05 -22 -2013 5 May 17, 2013 Port of the Islands CID Mr. Cox presented a request from an owner of two lots who wants to make it one lot; a copy of which will be entered into the official record. • The owner built an addition on his home which encroaches on the second lot; and the county forced the issue to have it made to one lot. • This item will be included for discussion at the next meeting. NINTH ORDER OF BUSINESS Engineer's Report A. Update on Lot 45 Drainage Swale Agreement • There was a minor modification on the legal description to move the line on the easement by two feet. • The owner is ready to sign, but is out of town. Mr. Benson presented a proposal for a permit renewal at the wastewater treatment plant; a copy of which will be entered into the public record. • This requires Board approval and may be added to the Hole Montes contract. There being no further discussion, On MOTION by Mr. Lambert seconded by Mr. Ziko with all in favor, the proposal from the District Engineer to renew the FDEP permit for the wastewater treatment plant in the amount of $15,200 was approved. Mr. Benson discussed an e-mail he sent to Mr. Teague regarding a water resource summary from January through April 2013; a copy of which will be entered into the official record. • This tracking is necessary for periodic reports to SFWMD and other regulatory agencies. • Approximately 10 million gallons of water has been saved, with residents receiving superior service. Irrigation water was discussed. • The most recent data indicates the peak irrigation consumption is between 800 and 1,000 gallons per minute from Saturday through Thursday. • The peak decreases to 200 on Friday. Wednesday, 05 -22 -2013 May 17, 2013 Port of the Islands CID • The county makes ordinances regarding irrigation; and all residents must be in compliance with the county. • Mr. Benson asked Mr. Lambert to remind them the CID is watering in accordance with an Ordinance for irrigation on new sod. TENTH ORDER OF BUSINESS Supervisors' Requests Hearing no requests from Supervisors, the next item followed. ELEVENTH ORDER OF BUSINESS Public Comment Period • Ms. Kungle commented the homeowners are not going to be in favor of the resident paying one price for two lots. EIGHTH ORDER OF BUSINESS Attorney's Report (Continued) A. Update on North Hotel Bankruptcy Proceedings (Continued) A motion to recess this meeting in order to go into Executive Session is in order. There being no comments or questions, On MOTION by Mr. Bissell seconded by Mr. Davis with all in favor, this meeting was recessed at 11:54 a.m. to commence the Executive Session regarding the North Hotel Bankruptcy Proceedings. The record reflects Mr. Bissell exited the meeting at 12:20 p.m. A motion to exit the Executive Session and reconvene the Open Session of the Board meeting is in order. There being no comments or questions, On MOTION by Mr. Lambert seconded by Mr. Davis with all in favor, the Executive Session was closed at 1:04 p.m. and the Open Session of the Board Meeting was reconvened. A motion to authorize the Attorney to proceed is in order. There being no comments or questions, On MOTION by Mr. Lambert seconded by Mr. Ziko with all in favor, the District Attorney was authorized to proceed as discussed in Executive Session. Wednesday, 05 -22 -2013 7 May 17, 2013 TWELFTH ORDER OF BUSINESS Adjournment There being no further business, Port of the Islands CID On MOTION by Mr. Davis seconded by Mr. Ziko with all in favor, the meeting was adjourned at 1:14 p.m. Calvi eague orine Dillon Secret Chairperson Wednesday, 05 -22 -2013