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VB MSTU Minutes 11/03/2011Vandsreift BeaeA M1.7.11. Advisory Oomimlittee 2705 Horseshoe Drive South Naples, FL 34104 November 3, 2011 MINUTES I. Call Meeting to Order The meeting was called to order by Charles Arthur at 2:01 p.m. A quorum was established. II. Attendance Members: Dick Lydon, Charles Arthur, Bruce Forman, Bud Martin County: Darryl Richard —MSTU Project Manager, Gloria Herrera - Budget Analyst, Michelle Arnold— Director ATM, Pam Lulich- Landscape Operations Manager, Mark Sunyak - Public Utilities Others: Robert Kindelan —CLM, Darlene Lafferty — Juristaff III. Approval of Agenda Add. Vll. A. Legal Representation Vll. B. Public Relations IX. A. New Committee Member Dick Lydon moved to approve the agenda as amended. Second by Bruce Forman. Motion carried unanimously 3 -0. IV. Approval of Minutes — October 13, 2011 Change: Pg 5, reminder for next meeting date should read: "November 3" Dick Lydon moved to approve the minutes of October 13, 2011 as amended. Second by Bruce Forman. Motion carried unanimously 3 -0. V. Budget Report Gloria Herrera reviewed the following Reports: (See attached) Fiscal year end - September 30, 2011 o Collected Ad Valorem Tax $968,251.07 Bud Martin arrived 2:06 p.m. • FYI P.O.s were paid in full and closed • Total Budget Available $5,816,517.56 Charles Arthur proposed tracking Expenditures by Phase(s) on the Budget Report. Bud Martin suggested tracking expenses by Total Expenditure Categories in addition to Phase Tracking. Michelle Arnold noted: • The Committees request to identify the monies spent to date on the Project was established and will be provided to the Committee • A tally on Expenditures by Phase(s) and Categories will be maintained by Staff and provided to the Committee Michelle Arnold reviewed documents addressing the reporting error on the FY11 Carry Forward discussed at the October meeting: (See attached) • Budget Amount - $5,700, 000.00 • Forecasted to spend - $2,300,000.00 • Actual monies spent - $133,000.00 • The difference from Forecasted and Actual monies spent ($2,186,544.00) did not roll into FY12 Carry Forward and reviewed the following options: - Cary Forward will automatically be adjusted at the year end - A Budget Amendment is needed to reflect the Carry Forward monies in the monthly Fiscal Reports Gloria Herrera clarified the true Carry Forward monies consists of the following two amounts: • November 3, 2011 Budget Report Line Item 9 - $3,351,300.00 • Carry Forward omitted balance - $2,186,544.00 VI. Landscape Maintenance Report - CLM Robert Kindelan reported: • Fertilization is complete • Installation of Mulch is scheduled at the end of November Dick Lydon reported the Hedges (north of Tradewinds) are high. Robert Kindelan responded that Ficus Hedge will be trimmed as requested. VII. Utilities Report- Charles Arthur A. Legal Representation - Discussed under V111. B. B. Public Relations - Discussed under Vlll. B. VIII. Project Manager Report A. ATM Department - Darryl Richard - Discussed under Vlll. B. 2 B. Public Utilities Department - Mark Sunyak: Darryl Richard stated a preconstruction meeting was held. Mark Sunyak reported: • The ordering process is underway for Materials • Contractor's tentative schedule is 4 weeks (Thanksgiving to Christmas) • Recommends retaining Malcolm Pirnie Consulting Services for the following - Engineering Services during Construction phase - Engineering Services to Certify completion to DEP • Water Department is verifying the operation of Valves - (2) connections may be without water for several hours - (2) Property Owners will be notified if an outage will occur Discussion took place on notifying Residents via email on the Project schedule (by the Vanderbilt Beach Resident Association) It was concluded Mark Sunyak will provide the Project schedule and a brief description to the Committee (for distribution by the VBRA.) Discussion ensued on the possibility of a boil water order. Mark Sunyak stated the following: • It was not anticipated that a boil water order will be necessary - A boil water order (for drinking water) may be issued if a problem is encountered during line testing • A boil water order is valid for 24 - 48 hours - If required will take place between Thanksgiving and Christmas Utilities Report Darryl Richard reviewed the following schedule: (See attached) • FPL Payment is scheduled for BCC approval on November 8th • The Project Schedule is contingent on the BCC approval of payment to FPL (See attached) • Comcast payment is due March 2012 The Legal opinion by Nabors, Giblin, and Nickerson Attorneys at Law regarding the possibility of limiting other prospective permittees from obtaining ROW permits that may interference with the Underground Line Burial was discussed. (See attached) Based on the Attorneys Legal opinion Charles Arthur deemed that a moratorium can be imposed to avoid potential conflicts during the Underground Line Burial. Michelle Arnold stated the Attorneys opinion provides (2) options: • Moratorium • Reservation (Reserve the ROW) 3 Dick Lydon moved that the 1st alternative as outlined in the letter of November 1st be approved and request that the County put said Moratorium in place. Second by Bruce Forman. Motion was amended to read. and request the County "take steps to protect the installation including but not limited to alternatives 1 and 2. " Motion carried unanimously 40. Pre - Payment to FPL Charles Arthur stated he spoke with Crystal Kinzel - Collier County Clerks Office on numerous occasions concerning pre - payment to FPL with no resolution. Subsequently he contacted Florida Public Service Commission and reviewed the following: • FPL Rates are regulated • FPL has the ultimate decision making power with undergrounding utilities (per the tariff) • A Tariff formula is used to determine charges and is non- negotiable • FPL can dictate the method and time of payment • The Project is located in FPL territory • A copy of the applicable Florida Statue(s) was requested from Crystal Kinzel and (2) documents were received (See attached) - 2011 Florida Statutes - Attorney Generals Opinion (pg 16) • Email communications - Crystal Kinzel - Response RE. Status of FPL Payment (See attached) - Commissioner Hiller's response to RE. Status of FPL Payment (See attached) Discussion ensued on the withheld FPL pre - payment Charles Arthur expressed concern that the Project Schedule, Design, and Cost Estimates are in jeopardy if the pre - payment is not made. It was deemed that the Clerks Office concern with FPL pre - payment is the amount that is due $1,800,000.00. Sections of the Florida Statue were discussed and the following was determined: o The County Clerks Office should Provide the Florida Statue Rules and Procedures to the Committee C. Legal Representation Charles Arthur suggested retaining an Attorney to represent the Tax Payers on the withheld FPL payment by Collier County Clerks Office. Discussion ensued on the Florida Statue(s) and previous pre- payments by Collier County Clerks Office. al Staff noted that previous pre - payments were made by the Collier County Clerks Office for an FPL Pilot Project. Bud Martin stated: • Based on the pre - payment on the FPL Pilot Project pre - payment the County Clerks office set precedence • Mr. Martin questioned if FPL previously performed Underground Utilities Burial Projects in other areas Charles Arthur responded affirmatively and noted the FPL payment(s) were pre -paid for previous Underground Utilities Burial Project(s). After much discussion it was deemed: o The previous pre -paid FPL Underground Utilities Project(s) were regulated by Florida State Statue - Therefore the proposed MSTU Underground Line Burial Project is not in violation of the Florida State Statue Michelle Arnold perceived that Crystal Kinzel's concern is the previous FPL pre -paid Underground Utilities Projects were within the jurisdiction of Municipalities (not Counties.) Charles Arthur reviewed communications with Commissioner Hiller concerning the FPL pre - payment: • Mr. Arthur emphasized that if pre - payment is denied by the Clerks Office the item (approval of FPL Payment) should remain on the BCC Agenda - Staff encouraged substantial Public presence at the BCC meeting • Via email Commissioner Hiller suggested meeting with the County Clerks Office, Charles Arthur, Jennifer Rainey, and the County Attorney to discuss the issue Discussion continued and Committee assignments were summarized: • Charles Arthur previously contacted Lew Schmidt and Jackie Bammel to coordinate an email blast encouraging the VBRA Residents to attend the BCC meeting • Charles Arthur will contact the Public Service Commission and the Attorney (representing the Tax Payers) - Subsequently will meet with Commissioner Hiller, Dwight Brock, and the County Attorney • Charles Arthur will Submit a Formal request to hire an Attorney (outside firm) to represent the Tax Payers (Funded by the MSTU) • Dick Lydon will contact Commissioner Coyle and Commissioner Coletta It was noted the Vanderbilt Residents approved a voluntary Tax to improve the quality of life and the safety and security in the Vanderbilt Beach MSTU area. 5 • Charles Arthur will contact Commissioner Henning • Dick Lydon will coordinate with Jeff Lytle - Naples Daily News to publish a Letter to the Editor (drafted by the VBRA) Discussion ensued on an email from Commissioner Hiller. It was concluded that approval from Jeff Atwater -State CFO is required for FPL pre - payment. Michelle Arnold reported the County Attorneys Office sent an email to Miss Williams -State CFO's Office concerning the pre - payment issue. Charles Arthur volunteered to contact Jeff Atwater -State CFO. D. Public Relations - Discussed under Vlll. C. IX. Old Business A. New Committee Member A brief discussion took place on the Committee Vacancy. X. Update Report A. Maintenance — Bruce Forman — None B. Tax Analysis — Bud Martin — None XI. New Business — None XI1. Public Comment — None There being no further business for the good of the County, the meeting was adjourned by the Chair at 3:53 p.m. Vanderbilt Beach MSTU Advisory Committee Charles Arthur, Chairman These minutes approved by the Board /Committee on as presented X or amended The next meeting is December 1, 2011 at 2:00 P.M. ST. JOHNS PARISH LIFE CENTER 625 111 T" Ave. Naples, FL Co