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VB MSTU Minutes 02/07/2013I. CALL TO ORDER VaMdar6iat BOMA Advisory Cono"ittee 3299 East Tamiami Trail Suite 103 Naples, FL 34112 FEBRUARY 7, 2013 MINUTES O The meeting was called to order by Chairman Charles Arthur at 2:05 PM. Roll was called and a quorum was established — four voting members were present. II. ATTENDANCE Members: Charles Arthur, Chairman Bruce Forman, Michael Price, William Sjostrom County: Darryl Richard — MSTU Project Manager (Excused) Michelle Arnold — Director, ATM Department Others: Robert Kindelan — CLM (Anne Iacuzzo — JuriStaff) III. APPROVAL OF AGENDA Bruce Forman moved to approve the Agenda as presented. Second by William Sjostrom. Carried unanimously, 4 — 0. IV. APPROVAL OF MINUTES: FEBRUARY 7, 2013 William Sjostrom moved to approve the Minutes as presented. Second by Michael Price. Carried unanimously, 4 — 0. V. BUDGET REPORT — DARRYL RICHARD (Report attached: "Vanderbilt MSTU Fund 143 — February 7, 2013 ") • Current Ad Valorem Tax: • Received to date: • Available Total: • Operating Expense: • Open Purchase Orders: • Spent to date: • Operating Funds Available • Reserves: • Total Budget: $ (952,700.00) (anticipated) $ (765,448.62) $ (187,251.38) (to be collected) $ 5,211,207.37 (includes project monies) $ 212,160.03 $ 140,942.21 $ 4,758,105.13 $ 17,500.00 $ 4,844,283.62 February 7, 2013 Darryl Richard noted the Report did not specify the amount paid in escrow which was approximately $1.8M. Chairman Arthur stated Line Item 18, "Other Contractual," allocated funds for the undergrounding of utilities. He further stated it was understood the entire amount would not be spent during 2013. Darryl Richard agreed stating the Report was structured by the Budget Office to track the funds. Chairman Arthur stated the Budget should reflect what the estimated cost for the project only. Mr. Richard noted the document had been generated by the County Clerk's Office. Chairman Arthur requested a status of the Budget by Phase and type of expense to be presented at the next meeting. Mr. Richard referred to Page 2 of the Report. He stated $718,058.14 had been spent during Phase I on various items, i.e., Florida Power & Light, Naples Daily News, RWA, filing fees, Malcolm Pirrie, Comcast, First Title & Abstract, etc. Chairman Arthur requested an explanation of the amount paid to each vendor and why, i.e., FPL vs. Survey vs. Engineering. Mr. Richard stated a draft report emailed to the members broke down the types of expenses; a final version will be presented at the next meeting. Chairman Arthur replied that, for planning purposes, it was necessary to know how much was spent in addition to the hard costs paid to Florida Power and Light. Discussion ensued concerning how the funds were tracked by the Clerk's Office versus the Budget Office, i.e., the Budget Office does not track escrow accounts Clerk's Office does. It was noted the $718,000 amount should be added to the $1.8M to obtain a more accurate idea of the costs to date for Phase I. Q. "Why is it so difficult to get this into an understandable format? It `bugs' me that you can't go to one sheet and say, "here's how we spent it and here's how much we have left." Q. "If someone asked me how much does this project cost, I could say $2.M plus Comcast — correct? Darryl Richard stated the Comcast costs are approximately $330,000. He confirmed after Comcast is paid, the total cost of Phase I of the Project will be approximately $2.8M. Chairman Arthur noted FPL initially estimated the total cost for all Phases of the Project at approximately $6M. Comcast would give a 25% government adjustment — approximately $1.5M — for putting everybody underground. He had hoped to use the $1.5 to cover the other costs but apparently it will not cover the other costs not included in the $6M. He continued an FPL representative Phase I was the most difficult portion of the project due to the large condo buildings — higher voltage, more complicated connections. The representative indicated Vanderbilt Drive should not be as bad. February 7, 2013 A question was asked concerning the amount of $358,200, "Transfer to other County funds," which was noted on the (Unaudited) Adjusted Balance Sheet provided to the members. Chairman Arthur stated the MSTU pay the County for Staff (approximately $54,000) and a fee to the Tax Collector. Michael Price asked if the two reports could be reconciled. Consensus: There is enough money in the budget to complete the project. VI. LANDSCAPE MAINTENANCE REPORT A. Robert Kindelan — Commercial Land Maintenance • There are areas of grass where the weeds are brown and crabgrass has grown and has also turned brown • From an maintenance standpoint, everything appears to be in working order • There was an irrigation issue controls were either cut and approximately 100 feet of irrigation line was replaced • Gulf Shore: irrigation and sod restoration was done (5 to 6 areas) • Certain areas have been sprayed for "white fly" (Lantana, ficus) Darryl Richard noted an irrigation pipe broke. It was located under one of the new green boxes. • A sidewalk was repaired — replaced missing asphalt. • Restoration, in general, will begin as the project nears completion A question was asked concerning landscaping to screen the boxes. Chairman Arthur explained screening will be planted near the boxes as appropriate — Utilities must still have access. The boxes will still be visible — less obvious. Darryl Richard concurred that some boxes were very visible — "out in the open" — and asked if a property owner would commit to maintaining the landscaping. Most of the boxes were placed within the Right -of -Way. He also noted damage caused by the contractors' trucks will be ongoing until the project is completed. Chairman Arthur replied if an area had been landscaped before, it should be restored. to what existed previously. He advised waiting — "There is no reason to restore it twice." He stated, "Sod may be one thing, but plants, shrubs and trees is another. We are at least six months away [from completion]." VII. UTILITIES REPORT - CHARLES ARTHUR • Met with FPL representatives, 2 Vanderbilt Beach property owners, Darryl Richard and Michelle Arnold • FPL provided a daily schedule re: installation • Estimated completion date: March 15th • MasTec North America is "looping" — there will be two wires for each property • Comcast will follow to install its cables underground February 7, 2013 • FLP requested 30 days' advance notice to remove all overhead wires and poles after Comcast has completed its installation (should be completed in 30 days) Chairman Arthur stated the entire project should be completed by October 1S`. The project's boundary is the Lighthouse Motel. Regarding Phase I, the Board of County Commissioners will award the contract to Comcast on February 26`x'. It should be fully executed by the end of March. Comcast should be completed in July. Estimated completion date (removal of wires and poles): August 31' (earliest possible) or September 30a` (latest) VIII. PROJECT MANAGER REPORT — DARRYL RICHARD • RFQ ( "Request for Quote ") for Project Supervisor and Landscape Company to oversee Phase 2 and Phase 3 • William Sjostrom volunteered to serve on the Selection Committee • A second RFQ was released for Electricians to convert meters to underground for 158 properties There was a discussion of the Change Orders submitted by Terry Coles of Hole Montes. The additional fee was approved by the Committee during the January meeting. Michael Price questioned whether "observation" is the same as "supervision." Darryl Richard replied that the "observer" (CE Inspector) is required to call him if any issues arise. It was noted the MSTU must hire its own contractor for Phase 2 and Phase3. Darryl Richard explained that, in a traditional project, the designer was responsible if something went wrong. However, Comcast's "designer" is probably located in an out -of- state corporate office. It was noted Hole Motes had been hired to provide pre - construction video and photographs of the property and to perform observation and provide documentation. Chairman Arthur stated he was not as concerned about Comcast since the digging will not be deep enough to hit sewer as opposed to FPL. He agreed a Supervisor should be hired for Phase 2 and Phase 3 since there was a higher degree of risk. He noted the Clerk's Office is requiring the MSTU to do so. It may be possible to hire one contractor to supervise the FPL conduit and the Comcast conduit at the same time which would save some money for the MSTU. Darryl Richard reminded the Committee that it did not receive a copy of FPL's contract with MasTec or the actual numbers. How much is MasTec being paid? He proposed Phase 2 and Phase 3 may be less expensive. Chairman Arthur mentioned an article in the paper concerning the relocation of utilities (re: expansion of Highway 41- east). It stated the Contractor requested to be prepaid but the Clerk of Courts refused. The State of Florida (CFO) agrees the Contractor may be prepaid if the County's Board of Commissioners has approved the request. The Clerk of Courts may require an escrow account. 4 February 7, 2013 Michael Price stated the Clerk of Court's action is exposing the County to more liability than under normal circumstances without justification. Chairman Arthur replied the Clerk's position is that a performance bond is the solution to covering all risk. Mr. Price cautioned the Clerk's position was not a sound business practice and if a serious accident occurred on the project that resulted in a death, the County would "pay one heck of a number and it will not be covered by a performance bond." He noted a performance bond does not cover all contingent liabilities. Chairman Arthur pointed out Collier is the only county in the State that does not prepay FPL. Chairman Arthur requested Mr. Richard follow up on a homeowner's claim for damages caused by FPL. He referenced the November minutes citing the incident occurred in October. Darryl Richard stated the County Attorney's Office and FPL's legal counsel were involved. He noted Michelle Arnold will continue to monitor the situation. Chairman Arthur stated if raw sewage had been pumped into his house, he would have requested for damages in addition to costs. The homeowner is only asking for costs. He further stated "there is no reason not to pay him." Darryl Richard concurred the homeowner was very understanding. Chairman Arthur stated he requested that FPL, Michelle Arnold, and Darryl Richard devise a process for handling claims in Phase 2 and Phase 3. "If our Contractor screws up, he's going to pay for it." It was noted design specification for Phase 3 may be ready before Phase 2. Chairman Arthur noted he had lunch with John Lair and his designer who indicated the design plan would be completed in the near future. He suggested that either Bill or Mike serve as the point person for Phase 2 and Phase 3 of the Project. (Michael Price announced that his property was listed for sale.) William Sjostrom stated he would review the contracts with Mr. Richard. M OLD BUSINESS A. Memorial Benches Darryl Richard and Chairman Arthur reviewed sites in Connor Parak and selected potential locations for Mr. Lydon's bench. He will consult Jeanne Lydon for her preference. Chairman Arthur spoke with Mrs. Martin who was pleased that the bench honoring her husband will be located on Condo property. Darryl Richard will contact Robert at Commercial Land to install the benches and matching pavers, if necessary. The Committee has already allocated funds. B. Signs February 7, 2013 • Commissioner Nance suggested adding a sign, "Pedestrian and Bicycle Access Only" underneath the Beach Access sign. • There is a pending Settlement Agreement with the residents who must approve the resolution. C. Application by Mark Weber (to fill vacancy) • Darryl Richard noted the deadline to submit applications had expired • Mr. Weber provided background history. • Chairman Arthur suggested tabling a decision until the next meeting since the vacancy had been announced during the recent Homeowners' meeting. X. UPDATE REPORT A. Maintenance — Bruce Forman (None) XI. NEW BUSINESS (None) XIII. PUBLIC COMMENT Bob Krawowski presented options concerning beach re- nourishment and stated he was investigating the current process and cost cutting measures. Chairman Arthur noted the subject of beach re- nourishment was not under the Board's purview per the Ordinance. NEXT MEETING DATE: MARCH 7,2013-2:00 PM St. Johns Church, 625 111TH Ave., Naples, FL There being no further business brought before the Committee, the meeting was adjourned by order of the Chairman at 3:20 PM. VANDERBII.T BEACH MSTU ADVISORY COMMITTEE CHARLES ARTHUR, CHAIRMAN The minutes approved by the Board/Committee on %4,q a= 2013, "as presented" OR "as amended 6