VB MSTU Minutes 02/02/2012VaMdsrBflt BeaeA Jbl.S.7.ft.
Advisory Groommittee
2705 Horseshoe Drive South
Naples, FL 34104
February 2, 2012
MINUTES
1. 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, Michael Price
County: Darryl Richard —MSTU Project Manager, Michelle Arnold- Director ATM,
Pam Lulich- Landscape Operations Manager, Gloria Herrera - Budget Analyst
Others: Maria Jost —CLM, William Sjostrom - Public, Darlene Lafferty — Juristaff
III. Approval of Agenda
Add: IX. A. Attorney General
IX. B. Vacancy - Vanderbilt Beach MSTU Committee
Dick Lydon moved to approve the agenda as amended. Second by Bruce
Forman. Motion carried unanimously 4-0.
IV. Approval of Minutes — January 5, 2012
Dick Lydon moved to approve the minutes of January 2, 2012 as submitted.
Second by Bruce Forman. Motion carried unanimously 4-0.
V. Budget Report
Charles Arthur questioned if the $1,800,000.00 was in Escrow (at Fifth Third
Bank.)
Staff responded with the following:
o The Escrow monies were not reflected in the SAP System when the
Budget Report was generated
o Staff received confirmation that the FPL monies are in the Fifth Third
Escrow Account
• The Adjusted Balance Sheet (Unaudited) reflects (approximately)
$5,700,000.00 Cash Balance
• Staff perceived the monies will be recognized as Carry Forward on
October 1 st
• Staff will advise the Committee of the payment date and amount of
payment (FPL) via email
Gloria Herrera reviewed the Budget Report: (See attached)
• Available Operating Expense $396,906.13
• Uncollected Ad Valorem $189,869.64
• The requested Breakdown Per Phase is reflected in the Budget Report
VI. Landscape Maintenance Report — CLM
Maria Jost reported:
o Routine Maintenance is underway
o Irrigation check was performed today
Bruce Forman reported vehicle damage to shrubs on the corner of Heron.
VII. Utilities Report- Charles Arthur — Discussed under Vlll. A.
VIII. Project Manager Report
A. ATM Department - Darryl Richard reviewed Quote by Hole Montes Inc. for
CEI and Landscape Inspection FPL Underground Conversion Phase I Costs:
(See attached)
Summary of cost
• Total $165,544.00
• Services include Observation during Construction and to advise
County Staff
Pre- Construction Services - Task No. 1
o Estimate $7,916.00
o Task No. 1 provides detailed Photo and Video documentation of the
existing Project site prior to Construction
Professional Fee Schedule
o Hourly Rates are based on time and materials
o Staff will closely monitor the hours worked on the Project
Discussion ensued on the Hole Montes Inc. Quote.
Charles Arthur questioned the need to supervise FPL on the Project.
Staff stated:
o Hole Montes Services will protect the MSTU by assisting FPL in
avoiding the Asbestos line
o The Senior Inspector is Asbestos Certified (Hole Montes)
The Committee perceived it as FPL's responsibility if the Asbestos line was
struck and not Vanderbilt Beach MSTU.
Darryl Richard responded:
• A component of the Escrow and Clerk of Finance Agreements to issue
payment to FPL is a third party will confirm the Red Line Drawings
• Backup documentation is required (by the Clerk) to disperse payment
Jerry Parillo deemed that the detailed information required by the Clerk is
beyond the Asbestos issue.
The Committee perceived that an unwarranted layer of cost was added to the
Project as FPL was hired to bury the lines.
Staff noted the Asbestos line spans the entire length of the roadway.
2
Discussion continued, it was noted that an additional Agreement was entered
into with the County that is above and beyond the Tariff and additional review
is needed to determine if the Inspection requirements are excessive.
Jerry Parillo read verbatim from the Escrow Agreement Section No. 4
Progress Milestones- Notice of Completion as follows: Upon completion of
each of the remaining Milestones set forth in Exhibit `B,: FPL shall provide
County, Clerk and Escrow Agent notice of Milestone completion along with a
signed "redline" drawing as evidence of Milestone completion. Clerk, at its
sole discretion, may also make arrangements with FPL for physical inspection
of the Conversion.
After much discussion the following was concluded:
• Staff will meet with FPL to confirm inspections provided by FPL to
avoid duplication
• Staff will confer with Mark Sunyak to determine the minimum
requirements for Asbestos monitoring
B. Public Utilities Department — Mark Sunyak — Previously discussed under
Vll. A.
IX. Old Business
A. Attorney General
Michelle Arnold stated that the County Attorney's position (based on
direction from the BCC) was to proceed with the Committee's request to
obtain the Attorney General Opinion "only' in the event that the (FPL
payment) issue is not resolved with the County Clerk. Noted the issue is
viewed as resolved as the Escrow monies were deposited per the Agreement.
Discussion took place on future Project Phases and payments by the Clerk.
Staff stated the following:
• FPL uses a procurement process to obtain Bids
• Scott Teach provided information to the Collier County Clerk on a
similar Project (Scope of work and Cost) that was prepaid by the Clerk
in Sarasota
• After a brief review the Collier County Clerk stated the Sarasota Clerk
relied on the Tariff to issue the prepayment
• The Collier County Clerk deems that the language in the Tariff does
not authorize the Clerk to issue prepayment to FPL for the Vanderbilt
Beach MSTU Project
Charles Arthur noted that the Tariff overrides the Clerk's opinion and
reiterated the need to obtain the Attorney General Opinion.
Staff stated the following:
o The Committee needs to petition the BCC to proceed with the request
for the Attorney General Opinion
o The County Clerk advised Staff that a section of the area is located on
State property and the State may provide an exemption or authorize
prepayment
Bruce Forman recommended to advise the County Attorney that the
prepayment issue is not resolved with the County Clerk as there are (3)
additional Phases to the Project.
Staff will confer with the County Attorney on the unresolved prepayment issue
(based on the (3) additional Project Phases that will require prepayment.)
Discussion took place on the Bud Martin Memorial and the following
suggestions were made:
o Install a Bench and concrete pad on the corner of Bluebill Ave. and
Vanderbilt Dr.
o Install and dedicate a sidewalk to Mr. Martin on the east side of
Gulfshore Dr. (upon completion of the Utility Project)
B. Vacancy — Vanderbilt Beach MSTU Committee
Staff announced the deadline for applications is February 10tH
X. Update Report
A. Maintenance — Bruce Forman — None
XI. New Business
XII. Public Comment —None
There being no further business for the good of the County, the meeting was
adjourned by the Chair at 3:27 p.m.
Vanderbilt Beach MSTU
Advisory Committee
Charles AkhbY, CNa/irinan
These minutes approved by the Board /Committee on
as presented or amended
The next meeting is March 1, 2012 at 2:00 P.M.
ST. JOHNS PARISH LIFE CENTER
625 111 T" Ave.
Naples, FL
4