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VB MSTU Minutes 04/04/2013I. CALL TO ORDER vanaerejer BeaeA Advisory cosmsmittaa 3299 East Tamiami Trail Suite 103 Naples, FL 34112 APRIL 49 2013 MINUTES N O M JAC1 *- M p' r� 'm ° 1-0 �o Co 3 ~� ::0 .- w 4 r- W f- c ° �D o b Chairman Charles Arthur called the meeting to order at 2:01 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, Project Manager Others: Robert Kindelan - CLM Mark Weber (Anne Iacuzzo - JuriSolutions) III. APPROVAL OF AGENDA Additions: • Under Item IX, "Old Business" - B. Beach Access C. Damage Claims D. New Committee Member - Mark Weber • Under Item XI, "New Business" - A. Meeting Dates Michael Price moved to approve the Agenda as amended Second by William Sjostrom. Carried unanimously, 4 - 0. IV. APPROVAL OF MINUTES - MARCH 7, 2013 Corrections: • Page 2 (last paragraph - 4d' sentence): Change "back" to "black" • Page 3, "Phase 1" : Insert `for Mastec" following the word "date" • Page 3 (2nd paragraph -1 st bullet) - Change "Comcast" to "FPL" • Page 3, under "Phase 1" (3td bullet) - Delete "sea wall" and insert "curb" • Page 5, under Item XII, "Public Comment," (2nd bullet - 3`d sentence) - Insert "Vanderbilt Beach Property Owners" before the word "newsletter" April 4, 2013 Michael Price moved to approve the Minutes of the March 7, 2013 meeting as amended Second by William Sjostrom. Carried unanimously, 4 — 0. V. BUDGET REPORT — DARRYL RICHARD Darryl Richard noted the total cost for Phase I is approximately $2,540,483.56 since Comcast's Purchase Order ($347,000) has not been included in the total — it is in process. The delays were due to obtaining the contract. • Line 35 — "Transfer to Fund 111" — the $54,000 was changed to $75,000 (Report attached: "Vanderbilt MSTU Fund 143 —April 4, 2013 ") • Current Ad Valorem Tax: • Received to date: • To Be Collected: • Operating Expense: • Open Purchase Orders: • Spent to date: • Operating Funds Available: • Reserves: • Total Budget: B. Draft — Budget FY 2014 $ 952,700.00 (anticipated) $ 851,380.12 $ 101,319.88 $ 5,211,207.37 $ 201,968.80 $ 166,319.35 $ 4,742,919.22 $ 17,500.00 $ 4,825,216.54 (includes project monies) (A copy of the Excel document was distributed to the members.) • County will hire a new staff member to assist with Construction Management. Phase 2 and Phase 3 will be monitored closely by County Staff. • The hours spent by Staff on each Project are tracked. • New Fiscal Year begin October 1 st • May be able to cut back on engineering time • RWA has approximately $81,351.25 remaining on the Purchase Order. • Purpose: To perform "soft digs" — Phase 2 and 3 • Use smaller equipment in a confined area to prevent cutting into utility lines • Will remain responsible to obtain easements • Fees should be less • Expecting a proposal from RWA (Michelle Arnold arrived at 2:20 PM.) • Revenue: $952,732 in 2014 — millage rate has remained the same since 2003 • Remaining in Budget: $4,763,940 Chairman Arthur requested that Staff provide a monthly figure for actual "cash on hand" in the Budget. Darryl Richard will request a balance sheet from the Clerk's office. April 4, 2013 Chairman Arthur expressed dismay at the lack of cooperation from the Clerk's Office. He stated the Committee has been requesting a monthly balance sheet since the inception of Phase I of the Project. It is not that difficult to determine how much cash is available. (Mark Weber arrived at 2:30 PM.) Deadline to approve the Budget: May Carry Forward: $4,090,500 + $205,207.37 - $ 48,400 = $4,247,307.37 Chairman Arthur stated the members will review the document and vote at the May meeting. VI. LANDSCAPE MAINTENANCE REPORT — ROBERT KINDELAN, CLM • Normal maintenance has been performed • Finished the work at the Mansions • Mulching will begin this week • Will begin shearing Red Hawthorne (at the corners) next week • Darryl Richard suggested adding mulch to the corners • Will lose color and look "like sticks" for a while but they are too high • Will be cut flat to improve sight lines (especially for smaller cars) William Sjostrom requested a status on the bidding process. Darryl Richard replied the bids were "on the street" and the deadline to submit is either April 16" or April 18". • The remaining portion of the restoration work will be done before the rainy season VII. UTILITIES REPORT Darryl Richard: • Status of Phase I Project: • Notice to Proceed — Hole Montes — was issued for the Consultant to do inspection during Comcast work • Will provide photo documentation prior to start of work by contractor for Comcast • CWSI ( "Cable Wiring Specialists, Inc. "), the contractor for Comcast, is ready to begin the project — Purchase Order is in process — but will wait until the locates are called in • Last portion — Comcast — should be completed by the end of July • FPL should begin pulling the poles sometime in August • John Lehr, FPL, will bring the contract for Phase 2 and 3 when he returns to Naples • Last major effort: To complete the restoration of the four or five properties that remain — mostly repairing sod damage • Phase I should be completed by the end of this Fiscal Year April 4, 2013 Chairman Arthur asked if Hole - Montes' bid runs through pulling the poles and restoring the landscaping, and the response was, "Yes." He asked if the County met with John Lehr concerning Phase 2 and Phase 3. Darryl Richard replied they had not but Mr. Lehr will bring drawings the next time he is in Naples. Mr. Lehr was not present when they met with Jose from Mastec. They discussed the "finishing touches" for his portion of the Project. It was noted when the meters were switched, a power surge occurred that "blew out" a condo in Gulf Side. The switch set was set incorrectly and FPL replaced the meters. There are 70 units in each building and they were without electricity for several hours. • Phase 2 and 3: • Will need drawings before the bidding process can begin • FPL is to approve the selection of the contractor and will provide a list • It is hoped at least one contractor approved by the County will be on the list • RWA also need the drawings to determine how many easements it will be required to obtain and to determine pricing for private property owners ■ There were 15 easements in Phase I Chairman Arthur asked if the drawings would be available for review at the May meeting along with a binding cost estimate. Darryl Richard stated there may be a delay before a cost estimate is prepared because the County must review and accept the drawings as the first step. He noted the contract with RWA could contain a requirement to not only review the easements but also review the bid documents. However, that could exclude RWA from competing. Consensus: Darryl Richard is authorized to obtain proposals from engineering firms that are qualified to review the drawings prepared by FPL. Darryl Richard noted the RFP will be released later this week for consulting services for Phase 2 and Phase 3. VIII. PROJECT MANAGER'S REPORT (Discussed previously — see above) IX. OLD BUSINESS C. Damage Claims Chairman Arthur requested a status report, specifically the Doctor who resides on Sea Breeze. Darryl Richard replied it appeared the County would resolve the issue with the Doctor ($13,000) and the other claim due to the main break which occurred on the corner of Sea. Breeze and Gulf shore. Both claims are being handled by Risk Management. 4 April 4, 2013 Chairman Arthur stated for the County to delay payment to the Doctor for such a small amount for as long as it has is unacceptable, especially in view of the fact that the MSTU is trying to garner support from the community for the Project. "We don't need the bad publicity. " Michael Price asked if the MSTU should consider buying a liability insurance policy to cover damage claims during the construction phase in Phase 2. The Contractor will be following "our" plans. Chairman Arthur replied the Contractor should carry liability insurance and noted Dwight Brock stated the MSTU should obtain a performance bond to cover any issues. He suggested the issue should be explored before the bid process begins. Mr. Price noted there is a different level of risk with Phase 2 and Phase 3 of the Project and Chairman Arthur concurred. Chairman Arthur mentioned Carol Wright sent a letter to County requesting payment of $916.00. Michelle Arnold stated she contacted Ms. Wright and informed her that the letter had been received. The Utilities Department will forward a usage report to her concerning the additional water cost claimed by Ms. Wright. She further stated the other issue that Ms. Wright noted concerned the generator that powers the elevator at Sunset Bay Condos. Chairman Arthur noted the problem could be due to faulty workmanship when the generator was initially installed or it could be due to the conversion in their building by the Phase I contractor. Darryl Richard explained John Lehr reviewed the situation at the Condo. Mr. Lehr informed him that "something" did happen but it was the responsibility of the Condo's. There was something the Condo's electrician should have done but it was not done properly. FPL was not accepting responsibility. Chairman Arthur stated Mr. Lehr conclusions should be in written form. It was not the MSTU's liability. He suggested either the Contractor or the County should pay for the water. Ms. Arnold informed the Water Department that some irrigation "fixes" had been made at the property and there was a possibility that a portion of the water bill could be reduced. Chairman Arthur noted the water usage had tripled when compared to the same period last year from 17,000 gallons to 48,000 gallons. It was a major difference. Ms. Arnold reiterated Water Department is investigating the situation. FPL not cooperating. The Condo Association may be able to go after the Contractor. Chairman Arthur noted Ms. Arthur requested to be reimbursed for the plants rather than have the County replace them. At the last meeting, it was decided the plants would be replaced by the County and she should be informed. Michael Price asked if a Line Item should be added to the Budget to settle small claims to "keep the peace" in the event of similar situation in the future. Chairman Arthur stated he did not think the MSTU was permitted to make such payments under the terms of the Ordinance. April 4, 2013 A. Memorial Benches Darryl Richard stated the new location in Connor Park was inspected. Chairman Arthur requested to install the benches prior to the next meeting. He has not heard from the President of the Le Dauphin Condo Association regarding Bud Martin's bench. Darryl Richard stated he will coordinate installation with Robert Kindelan and will contact the Property Manager at Le Dauphin for assistance. B. Beach Access Sign Chairman Arthur stated he and Kathy Robins met with the County's Parks and Recreation Department. They provided some new designs for the beach access signs. He and Ms. Robins will review the mock -ups of the designs in the near future. It was decided installation will not begin until FPL pulls the utility poles. Parks and Rec will then have more flexibility concerning where to locate the signs. D. New Committee Member — Mark Weber Chairman Arthur asked Mr. Weber if he was still interested to serve on the MSTU Advisory Committee and his response was, "absolutely." Chairman Arthur moved to approve Mark Weber's application and nominate him to serve on the Vanderbilt Beach MSTUAdvisory Committee. Second by William Sjostrom. Carried unanimously, 4 — 0. Staff was requested to forward the recommendation to the Board of County Commissioners for review and approval, B. UPDATE: MAINTENANCE REPORT A. Maintenance —Bruce Forman (No report.) C. NEw Busmss A. Meeting Dates - Summer • It was decided the Advisory Committee will not meet in June or August. • The October meeting date was changed to October 171'. • It was noted that three members are required to achieve quorum. D. PUBLIC COMMENT • In Phase 1, FPL's design stopped at the Lighthouse Motel. • Phase 2 begins there, winds around the corner and up Vanderbilt Beach Road to Vanderbilt Drive. It was not extended to the corner of Gulfshore. 6 April 4, 2013 NEXT MEETING DATE: MAY 2, 2013 "CLAUSSEN FAMILY CENTER" AT ST. JOHN'S CHURCH 625111TH AVENUE, NAPLES, FLORIDA There being no further business brought before the Committee, the meeting was adjourned by order of the Chairman at 3:20 PM. VANDERBILT BEACH MSTU ADVISORY COMMITTEE CHARLES ARTHUR, CHAIRMAN The minutes approved by the Board/Committee n • 2013, "as presented" " OR "as amended "