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07/19/2013 MinutesMINUTES OF MEETING PORT OF THE ISLANDS �O `tip COMMUNITY IMPROVEMENT DISTRICT `lie regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Friday, July 19, 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 (Via Telephone) 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 Dick Severn Trent Services Operations Michael Miller Severn Trent Services 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 July 19, 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. • Mr. Teague asked the Board to authorize Mr. Bissell to exercise his voting rights since he is attending via telephone. There being no comments or questions, Monday, 08/12/13 July 19, 2013 Port of the Islands CID On MOTION by Mr. Davis seconded by Mr. Lambert with all in favor, Mr. Theodore Bissell was authorized to exercise his voting rights via telephone. SECOND ORDER OF BUSINESS Approval of the Minutes of the June 21, 2013 Meeting Mrs. Dillon stated each Board member received a copy of the Minutes of the June 21, 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. Davis seconded by Mr. Ziko with all in favor, the Minutes of the June 21, 2013 Meeting were approved as amended. THIRD ORDER OF BUSINESS Public Comment Period • Ms. Kungle will prepare a newsletter next month. • Mr. Teague commented that new legislation mandates the public may comment on anything voted on by the Board. ➢ Any items on the agenda shall be covered during the public comment period at the beginning of the meeting. ➢ This item will be re- worded on the agenda as, Public Comment on Agenda Items and this is the only time audience members may comment on the items. ➢ Audience members may make comments on any items which were not previously on the agenda before the item is voted on. FOURTH ORDER OF BUSINESS Old Business A. Review of Landscape Maintenance Performance Mrs. Dillon discussed the monthly ride - through inspection with Mr. Soto. • The five Coconut Palms in question are not the CID's responsibility. ➢ The CID was reimbursed from Sunstream. • Mr. Lambert suggested having one person working on the landscaping issues. • Field personnel must be aware of items which are the CID's responsibility. Monday, 08/12/13 2 July 19, 2013 Port of the Islands CID • Soto treated for Chinch Bugs and other feeding insects. B. Update on Community Landscape Design Project Mr. Teague distributed qualifications for some landscape companies; a copy of which will be entered into the official record. • The Board would like to wait for a proposal from Manscape Landscape before making a decision. • The Board will also speak to Ms. Kehlmeier to determine her involvement. • Mr. Teague will solicit proposals from seven to eight firms and bring three back to the Board for consideration; after which interviews may be set up. • Funds will come from the General Fund under Miscellaneous Contingency. • Mr. Lambert suggested delaying action until approximately October when Ms. Kehlmeier has returned. FIFTH ORDER OF BUSINESS New Business • Mr. Lambert, Mrs. Dillon and Mr. Bissell will not be available for the August 16`" meeting. ➢ The meeting will need to be moved to August 22 °d or August 23d ➢ Mr. Davis will check the schedule for availability of the clubhouse. There being no further discussion, On MOTION by Mr. Lambert seconded by Mr. Davis with all in favor, the Meeting and Budget Public Hearing scheduled for Friday, August 16, 2013 at 10:00 a.m. has been cancelled and rescheduled to Friday, August 23, 2013 at 10:00 a.m. subject to availability of the Orchid Cove Clubhouse; if not available, the meeting will be further rescheduled to Thursday, August 22, 2013 at 10:00 a.m. • The Board discussed Resolution 2013 -6 regarding Rules of Procedure; a copy of which will be entered into the official record. ➢ Mr. Bissell requested postponing consideration until the September meeting, but he was assured this requires much more discussion. ➢ The Board will mark up the Resolution. Y There is no time limit for action on the Resolution. Monday, 08/12/13 3 July 19, 2013 Port of the Islands CID ➢ Final action will take place at the September or October meeting. SIXTH ORDER OF BUSINESS District Manager's Report A. Approval of the June 30, 2013 Financial Statements and Check Register B. Discussion of Maintenance Cap Accounting Mr. Teague presented the June 30, 2013 Financial Statements and Check Register for the Board's review and approval; copies of which will be entered into the official record. ➢ The CID is close to being completely collected on assessments with the exception of the Motwani case. • Mr. Teague discussed Invoice #2067997; a copy of which will be entered into the official record. ➢ The credit did not get reflected. ➢ The CID will be credited $2,363.19. ➢ Mr. Dick will schedule a time to go over this with Board members. ➢ Mr. Ziko would like this report to be compiled accurately and chronologically. ➢ Comments may be manually inserted in a separate column. There being no further discussion, On MOTION by Mr. Ziko seconded by Mr. Davis with all in favor, the June 30, 2013 Financial Statements and Check Register were approved. C. Consideration of Engagement Letter with Berger, Toombs, Elam, Gaines & Frank to Perform the Audit for Fiscal Year 2013 Mr. Teague presented the Engagement Letter with Berger, Toombs, Elam, Gaines & Frank to perform the Audit for the Fiscal Year ending September 30, 2013 for the Board's review and approval; a copy of which will be entered into the official record. • Any service provided now must comply with public records requests. • This needs to be included in the engagement, but they will not charge the District any additional fees. Monday, 08/12/13 4 July 19, 2013 Port of the Islands CID Mr. Bissell MOVED to approve the Engagement Letter with Berger, Toombs, Elam, Gaines & Frank to Perform the Audit for the Fiscal Year ending September 30, 2013; and Mr. Davis seconded the motion. • Their fee is the same. • Mr. Cox suggested checking the original engagement to determine how many renewals are remaining. • All documentation requested by the public shall be coordinated with the District Attorney. On VOICE vote with all in favor, the prior motion was approved in the amount of $7,000. D. Questions and Comments on the Modified Tentative Budget for Fiscal Year 2014 There being no comments or questions from the Board, the next item followed. SEVENTH ORDER OF BUSINESS Field Manager's Report A. Discussion of July 2013 Operations Report Mr. Underwood presented the July 2013 Operations Report for discussion; a copy of which will be entered into the official record. B. Approval of Sidewalk Repairs i. Work Authorization No. 44680 — Windward Cay ii. Work Authorization No. 44682 — Sunset Cay iii. Work Authorization No. 44683 — Cays Drive C. Approval of Work Authorization No. 43090 for Storm Drain Maintenance • These items will be delayed until next month as issues are being reviewed. Mr. Underwood discussed miscellaneous issues. • The backflow preventers need to be certified. There being no further discussion, On MOTION by Mr. Lambert seconded by Mr. Davis with all in favor, Severn Trent Environmental Services was authorized to certify all backflow preventers based on the current contract. Monday, 08/12/13 5 July 19, 2013 Port of the Islands CID • Severn Trent and Hole Montes were authorized to submit an application for state excellence awards for the water and wastewater plant. • The water reuse program indicates the CID has saved 15 million gallons of well water by having an overall water conservation/reuse program. • The Newport sign issues need to be addressed. • The CID should be saving reserving $5,000 to $6,000 annually for membrane replacement. • Operations is preparing an inventory of surplus equipment. EIGHTH ORDER OF BUSINESS Attorney's Report A. Update on North Hotel Bankruptcy Proceedings • The debtor paid trustee fees in the amount of approximately $1,600. • The bankruptcy has been dismissed, but the other lawsuit is pending. • This item will now be called, Update on North Hotel Foreclosure Proceedings. The issue with the request for a reduction in ERC payments was discussed. • Lots 3 and 4 on Eveningstar Cay are giving up ERCs. • Mr. Chris Shucart has agreed to refurbish and add to the portion at the front of U.S. 41. • Mr. Cox will prepare the necessary documentation which will be presented for the Board's approval at the next meeting. B. Update on Liquidated Damages from Xlyem Water Solutions USA (ITT Technologies) • The company representative Mr. Cox has been dealing with is waiting for the new Comptroller to make a decision regarding settlement of this issue. NINTH ORDER OF BUSINESS Engineer's Report A. Update on Lot 45 Drainage Swale Agreement • Mr. Benson has not heard anything further from the owner, and his wife still needs to sign the easement form. • His property is currently in compliance. • Mr. Bissell would like this item removed from future agendas, but the Board was in favor of keeping it on the agenda. • Mr. Benson will try to contact the owner. Monday, 08/12/13 6 July 19, 2013 Port of the Islands CID TENTH ORDER OF BUSINESS Supervisors' Requests • Mrs. Dillon spoke to Chief McLaughlin about the fire station and was told construction will commence in August and that a PO was issued to the builder. • Mrs. Dillon addressed an e -mail from US Water regarding their desire to purchase the water plant to manage it for the CID. ➢ They are solely a utility company and have no experience managing a CID. ELEVENTH ORDER OF BUSINESS Public Comment Period • Ms. Kungle asked a question regarding a quorum for the meeting. • The CID is not responsible for the swale at Lot 45. • The District is still considered a CID as opposed to a CDD. A motion to recess the 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, the meeting was recessed at 12:00 p.m. to commence the Executive Session regarding the North Hotel Foreclosure Proceedings. TWELFTH ORDER OF BUSINESS Closed Attorney /Client Session (Supervisors and Attorney Only) A. Call to Order and Roll Call B. Commencement of Attorney /Client Session Mr. Teague called the meeting to order. Present were: • The Board of Supervisors • Calvin Teague, District Manager • Daniel Cox, District Counsel • The Court Reporter This part of the record was transcribed by a Court Reporter and we noticed this Meeting in accordance with the applicable Statutes dealing with this type of Attorney /Client Session. The people who were indicated to be present in the advertisement are present along with a Court Monday, 08/12/13 7 July 19, 2013 Port of the Islands CID Reporter. Upon the conclusion of this litigation, the transcript prepared by the Court Reporter will be made public at one of our future meetings. C. Adjournment of Attorney /Client Session There being no further discussion, On MOTION by Mr. Bissell seconded by Mr. Lambert with all in favor, the Executive Session regarding the North Hotel Foreclosure Proceedings was adjourned and the Open Session of the Board meeting was reconvened at 12:50 p.m. THIRTEENTH ORDER OF BUSINESS Recommencement of Regular Meeting The Open Session of the Board meeting was called to order. There being no further discussion, On MOTION by Mr. Lambert seconded by Mr. Ziko with all in favor, the District Attorney was authorized to proceed as directed. FOURTEENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Davis seconded by Mr. Ziko with all in favor, the meeting was adjourned at 12:57 p.m. SIRS , Nkws;"! Calvin Teague Secretary Acting Monday, 08/12/13 8