VB MSTU Minutes 01/05/2012o 3G gW3
Vandsdift Beach AoteSeYA
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Advisory G►oiwanittaa BY :.......................
2705 Horseshoe Drive South
Naples, FL 34104
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January 5, 2012 Hiller
Henning
MINUTES Coyle`
Cole #a
I. Call Meeting to Order
The meeting was called to order by Charles Arthur at 1:57 p.m.
A quorum was established.
11. Attendance
Members: Dick Lydon, Charles Arthur, Bruce Forman
County: Darryl Richard -MSTU Project Manager, Michelle Arnold- Director ATM,
Pam Lulich- Landscape Operations Manager, Gloria Herrera - Budget Analyst
Others: Robert Kindelan -CLM, Michael Price- Advisory Board Applicant, Darlene
Lafferty- Juristaff
Ill. Approval of Agenda
Add: Xl. A. New Board Members
XI. B. Bud Martin Memorial
Dick Lydon moved to approve the agenda as amended. Second by Bruce
Forman. Motion carried unanimously 3 -0.
IV. Approval of Minutes - December 1, 2011
Dick Lydon moved to approve the minutes of December 1, 2011 as
submitted. Second by Bruce Forman. Motion carried unanimously
3 -0.
V. Budget Report
Gloria Herrera reviewed the following information:
o The process to track expenditures independently for Phase I and Phase II
is in progress. Noted FPL Project Expense 2008 to 2011 Report was
generated (See attached)
Charles Arthur clarified the elements needed for the Phase Tracking Reports:
• Expenditures will be tracked on an Annual basis per Phase
• All previous expenditures (FY11) will be reflected in the Phase I tracking
Report
Misc. Corres: o Currently Phase Il should reflect (1) entry for RWA
Darryl Richard stated RWA received payment for Phase II and Phase 111.
Date: 1 -i ( co ( 2,
Item #: t C_q Z
CcPies to:
Gloria Herrera continued:
o Available Capital Outlay $3,662,500.00
- Line Item does not include the $2, 000, 000.00 reporting error
Discussion ensued on the increase (to $40,000.00) in Line Item 37 - Transfers to
Fund 111 (Allocation for Staff Services provided to the MSTU.)
The Committee deemed that the cost increase for Staff Services should be
charged to the County Clerk's Office as additional work was required on the FPL
prepayment issue.
Staff noted the cost increase (Fund 111) is applicable to all MSTU's.
Dick Lydon noted exception is taken to the transfer of Tax Payer monies to the
County expenses as stated yearly for the past 10 years.
Charles Arthur requested Staff include a Balance Sheet with the Budget Report.
VI. Landscape Maintenance Report - CLM
Robert Kindelan reported:
• Failed Irrigation Controller was replaced
- Replacement Cost $700.00
• Turf weed control is underway
2:11 p.m. Charles Arthur left.
Bruce Forman questioned the availability of Mulch (Mulching was reported as
incomplete at the December meeting due to a Vendor equipment malfunction.)
Robert Kindelan replied that Mulch is available.
2:12 p.m. Charles Arthur returned.
VII. Utilities Report- Charles Arthur
Staff reviewed the following timeline on the Escrow Agreement. (See attached)
• The Agreement was approved by the BCC
• Currently the Agreement is with Fifth Third Bank (Escrow Agent)
• Subsequently the Escrow Agreement will be forwarded to the Collier Clerk
Office (by Fifth Third Bank)
The Escrow Account Fee Schedule was discussed. (See attached)
The Committee deemed the Escrow Fees should be paid by the County (as
stated in the Agreement) or by Collier County Clerk Office.
Staff stated the Fee Schedule will be paid by the MSTU.
Charles Arthur proposed to submit a letter to the BCC requesting
reimbursement of the $8,000.00 Escrow Fees (at a later time.)
Discussion ensued on the FPL payment schedule.
Staff stated FPL payments will be made based on the Vanderbilt Beach
Conversion - Phase I Disbursement Schedule (See attached)
4
It was clarified that the actual invoiced amount will reflect the figures on the
Disbursement Schedule in lieu of the Underground Cost Sheet. (See attached)
Dick Lydon noted the Escrow Account pertains to Phase I Construction and
questioned if similar issues (by the Clerk) will reoccur on payments for the
subsequent Phases.
Michelle Arnold replied:
• Historical documentation on the MSTU (past seven years) will be provided
to the Clerk
• The data will be reviewed with Clerk and (Clerk's) Staff to establish a clear
understanding on the MSTU's plans and various Phases of the Project
It was questioned if a MSTU Committee Member is permitted to attend the
meeting (with Staff and the Clerk's Office) to review the historical data.
Staff perceived it was unlikely that the MSTU is permitted to attend the meeting.
Charles Arthur noted that the MSTU was denied admission to the negotiation
meeting that was held for the Escrow Agreement. He conveyed the County
Clerk's statement that a meeting would not take place if the Public attended.
Discussion took place on previous FPL prepayments.
Michelle Arnold reported (per Scott Teach) the Sarasota County Clerk approved
an advanced payment to FPL on a similar Project (Siesta Key Project.)
Charles Arthur stated the FPL prepayment was issued by Sarasota County as
they perceived that the State Tariff superseded any prepayment issue and
eliminated the following:
• Audit (of the cost)
• Prepayment
• Bidding
It was noted that the Siesta Key Project spanned approximately one Mile and the
Project cost was estimated at $1,000,000.00.
Charles Arthur perceived that the MSTU should pursue obtaining an opinion by
the Attorney General based on the following concerns:
• There is no guarantee that the Collier County Clerk will issue prepayment
on the subsequent Phases
• Over time (2 -3 years) it is uncertain who will hold the Clerk's position
• Posed when FPL submits invoices will the Clerk's office continue to
scrutinize the amount of the payment
Discussion ensued on securing the Attorney General opinion.
Based on the Collier County Clerks level of authority in the language of the
Escrow Agreement the Committee deemed that an opinion by the Attorney
General is needed.
Dick Lydon moved to direct Staff (Michelle Arnold) to return to the County
Attorney and County Manager to express the Committees desire to obtain
the Attorney General's opinion. Second by Bruce Forman. Motion carried
unanimously 3 -0.
Discussion developed on OH /UG Conversion — Construction Phase Illustrative
Timeline — Phase I (See attached)
Darryl Richard stated that the Illustrative Timeline is the anticipated schedule by
FPL required to complete the Project.
The Committee perceived that the Timeline was incorrect as the previously
submitted Timeline by FPL was significantly less.
Staff tendered that the overhead portion of the Project can take place at any
given time and may have extended the completion time.
Discussion took place on payment to Comcast for Phase I.
Michelle Arnold stated that the Comcast payment (approximately $300,000.00)
will be discussed with the Clerk during the Historical Data review meeting.
Phase II and Phase III was discussed.
Staff reported coordination is underway to ensure minimal disruption during
County Projects (sidewalks and utilities) and Phase II that are scheduled
simultaneously.
The area for each Phase was defined as:
• Phase II — South section of the Commercial area and North Section of
Blue Bill Ave. (Vanderbilt Beach Road and Bluebill Ave.)
• Phase III - consists of the finger Streets and Vanderbilt Dr.
Charles Arthur suggested completing the work on Vanderbilt Beach Road
(around the corner) prior to starting on Vanderbilt Dr.
Staff reported that Mark Sunyak recently went out to Bid for the Waterline
Design.
The location for the Utilities and the Sidewalk installations were described as:
• East side — Utilities
• West Side — Sidewalk
Staff recommended delaying restoration of the area until the Project is
completed. Additionally the Residents will be advised of the delayed restoration.
Phase IV. RWA Survey was discussed. (See attached)
It was stated that Public Utilities may pay for the Phase IV. RWA Survey.
VIII. Project Manager Report
A. ATM Department - Darryl Richard — Discussed under VII.
B. Public Utilities Department — Mark Sunyak — Discussed under Vll.
IX. Old Business - None
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X. Update Report
A. Maintenance — Bruce Forman — None
XI. New Business
A. New Board Members
Dick Lydon introduced Michael Price. (See attached)
Michael Price gave a brief statement.
Dick Lydon moved to recommend to the BCC for approval the
appointment of Michael Price to serve on the Vanderbilt Beach MSTU
Advisory Committee. Second by Bruce Forman. Motion carried
unanimously 3 -0.
B. Bud Martin Memorial
Charles Arthur stated Bud Martin was active on the MSTU committee for a
number of years. He posed that the MSTU should install a bench to honor
Bud Martin.
The Committee agreed to install a memorial bench in honor of Bud Martin.
Dick Lydon moved for Charles Arthur to coordinate the Bud Martin
Memorial with an expenditure amount up to $3,000.00. Second by Bruce
Forman. Motion carried unanimously 3 -0.
XII. Public Comment —None
There being no further business for the good of the County, the meeting was
adjourned by the Chair at 3:20 p.m.
Vanderbilt Beach MSTU
Advisory Committee
WL
4, �
Charles Arthur, Chairman
These minutes approved by the Board /Committee on
as presented X or amended
The next meeting is February 2, 2012 at 2:00 P.M.
ST. JOHNS PARISH LIFE CENTER
625 111 T" Ave.
Naples, FL