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VB MSTU Minutes 12/01/2011f vanaadset BeaeA n1.s.TA. Advisory Commit(" 2705 Horseshoe Drive Soudi Naples, FL 34104 December 1, 2011 MINUTES I. Call Meeting to Order The meeting was called to order by Charles Arthur at 2:03 p.m. A quorum was established. II. Attendance Members: Dick Lydon, Charles Arthur, Bruce Forman, Bud Martin County: Darryl Richard —MSTU Project Manager, Pam Lulich- Landscape Operations Manager, Mark Sunyak - Public Utilities Others: Robert Kindelan —CLM, Darlene Lafferty— Juristaff III. Approval of Agenda Add.- Vll. A. December 2, 2011 Meeting with FPL VII. B. Neighborhood Meeting with Commissioner Hiller IX. A. Attorney Representation Dick Lydon moved to approve the agenda as amended. Second by Bruce Forman. Motion carried unanimously 4-0. IV. Approval of Minutes — November 3, 2011 Dick Lydon moved to approve the minutes of November 3, 2011 as submitted. Second by Bud Martin. Motion carried unanimously 4-0. V. Budget Report — Discussed under Vl. VI. Landscape Maintenance Report — CLM Robert Kindelan reported: • Mulching is incomplete due to a equipment malfunction by the Vendor • Turf weed control will take place next Tuesday - Wednesday Budget Report Darryl Richard reviewed the following Reports: Budget Report (See attached) • Collected Current Ad Valorem Tax $108,393.24 • Total Available Budget $4,146,010.05 Charles Arthur noted the Reporting error ($2,000,000.00) is unresolved on the Budget Report. Darryl Richard referred to the Adjusted Balance Sheet regarding the $2,000,000.00: Adjusted Balance Sheet (See attached) • The MSTU Cash Balance as of December 1St is $6,085,849.98 • The Report is prepared by Derek Johnson, Clerk of Courts Finance Office Charles Arthur renewed the Committee's request to track expenditures independently for Phase I and Phase II in the Budget Report. Darryl Richard will submit the request to Gloria Herrera. VII. Utilities Report- Charles Arthur Darryl Richard reported on the Public Utilities Project: • Email from Mark Sunyak on the Water Line Relocation Project is included in the meeting packet (See attached) - Project completion is forecast for early January • Utilities Department is planning minimal down time on water for (2) the affected Properties • Consulting and Construction Expenses are paid by the Public Utilities Department for the Water Line Relocation Project A. December 2, 2011 Meeting with FPL Correspondence from the Clerks Office (Crystal Kinzel) regarding the Counties position on payment to FPL was discussed. (See attached) Darryl Richard stated the meeting is scheduled at 10:30 a.m. at the County Attorney's office with FPL, Clerk of Courts, Michelle Arnold, Darryl Richard, and Charles Arthur. Charles Arthur stated the following: • Is uncertain if he is able to attend the meeting due to a scheduling conflict • Expressed frustration that the Committee was excluded from important meetings with the Clerk's office and FPL by the County Attorney's office • Noted the importance of a MSTU Committee Member attendance at the December 2nd meeting 2 o A meeting was held two weeks ago with FPL and the Clerk's Office with no resolution on the prepayment to FPL Darryl Richard stated that the main objective of the December 2nd meeting is to preclude contacting the Attorney General Office by resolving the FPL prepayment issue. Discussion ensued on the prepayment gridlock with FPL and Collier County Clerk Office. Bud Martin suggested the MSTU meet with the Governor in Tallahassee if the issue is not resolved. Charles Arthur stated that a second alternative is that the Committee may file a complaint with PUC (Public Utilities Commission) and the complaint will be routed directly to FPL Executive Offices. B. Neighborhood Meeting with Commissioner Hiller Charles Arthur reported: • It was perceived by the residents that Commissioner Hiller cast blame at County Staff for the FPL prepayment issue - Conversely it is the Clerks Office that is withholding prepayment to FPL (as required by FPL Tariff) • Subsequently a (VBRA) Committee Member visited the Clerks Office regarding the Power Line Burial (FPL prepayment.) After discussion the Committee perceived: • If the Underground Line Burial Project cannot be completed due to the issue with FPL prepayment the MSTU should disband - Subsequently Tax Payers will receive a refund for the collected MSTU Ad Valorem Taxes (pro rata) • The Clerks Office is withholding the FPL payment based on the amount of monies due ($1,800,000.00) Charles Arthur noted: • $600,000.00 was prepaid to Consultants on the Project • Channel Dr. Project was prepaid • The implication that County Staff was responsible for the FPL prepayment issue is not valid • If a decision is not rendered at the December 2nd FPL meeting the County Attorney must file an opinion with the Attorney General (before the next scheduled Commission meeting) - Charles Arthur requested to review the Attorney opinion prior to submittal to the Attorney General Discussion took place on retaining outside Counsel. The Committee restated concern on the FPL nonpayment by the Clerks Office and perceived it was advantageous to hire an outside Attorney (via the HOA.) Darryl Richard stated Staff will email the results of the FPL meeting to the Committee. Vill. Project Manager Report A. ATM Department - Darryl Richard - Discussed under Vlll. B. B. Public Utilities Department - Mark Sunyak reported the Water Line Relocation will impact Pedestrians and Traffic on the following days during the two week Project: • Week 1 - Monday through Wednesday • Week 2 - Friday through Monday - Work will be performed primarily on the East side ATM Department Darryl Richard reported a Public Information meeting is planned January 26th for the Pathways Project (111th and Wiggins Pass.) Charles Arthur noted there is some legitimate room for concern on the proposed concession stands and observation deck as they may impact the existing businesses in the area. Mark Sunyak stated the Greenway Pathways Project is funded in the current Budget. Discussion took place on Phase IV. and the following was concluded: • Conduit will be installed under the Bike Path (by Utilities Department) • The Design Phase will be initiated • The required Survey will be Conducted by RWA - Coordination with Public Utilities for cost sharing IX. Old Business A. Legal Representation - Previously discussed under Vll. B. X. Update Report A. Maintenance - Bruce Forman - None B. Tax Analysis - Bud Martin - None XI. New Business - None XII. Public Comment -None ll There being no further business for the good of the County, the meeting was adjourned by the Chair at 3:41 p.m. Vanderbilt Beach MSTU Advisory Committee Charles Arthur, These minutes approved by the Board /Committee on - 1 as presented X or amended The next meeting is January 5, 2012 at 2:00 P.M. ST. JOHNS PARISH LIFE CENTER 625 111 T" Ave. Naples, FL 5