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08/15/2014 Minutes MMUTM ocT MINUTES OF MEETING PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT By The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Friday, August 15, 2014 at 10:00 a.m. at the Orchid Cove Clubhouse;25005 Peacock Lane;Naples, Florida. Present and constituting a quorum were: Norine Dillon Chairperson Theodore Bissell Vice Chairman(Via Telephone) Anthony Davis Assistant Secretary Dale Lambert Assistant Secretary Richard Ziko Assistant Secretary Also present were: Calvin Teague District Manager Daniel Cox District Counsel Ronald Benson District Engineer Robert Edge Field Manager Rita Varona Severn Trent Services Operations Jean Kungle POI Realty Tom Mack Resident The following is a summary of the discussions and actions taken at the August 15, 2014 Port of the Islands Community Improvement District's Board of Supervisors meeting. FIRST ORDER OF BUSINESS Call to Order and Roll Call Mrs. Dillon called the meeting to order; Mr. Teague called the roll. A motion to authorize Mr. Bissell to exercise his voting rights via telephone is in order. There being no comments or questions, Tuesday,09/09/14 August 15,2014 Port of the Islands CID On MOTION by Mr. Davis seconded by Mr. Ziko with all in favor, Mr. Theodore Bissell was authorized to attend this meeting and exercise his voting rights via telephone due to unforeseen circumstances. SECOND ORDER OF BUSINESS Approval of the Minutes of the July 18,2014 Meeting Mrs.Dillon stated each Board member received a copy of the Minutes of the July 18,2014 meeting; and requested any additions,corrections or deletions. • The Board made two minor corrections which will be reflected in the amended minutes. There being no further discussion, On MOTION by Mr. Davis seconded by Mr. Lambert with all in favor, the Minutes of the July 18, 2014 Meeting were approved as amended. THIRD ORDER OF BUSINESS Public Comment on Agenda Items Hearing no comments from the public,the order of business followed. FOURTH ORDER OF BUSINESS Public Hearing to Adopt the Budget for Fiscal Year 2015 • This budget is based on anticipation of full collections. On MOTION by Mr. Lambert seconded by Mr. Davis with all in favor, the Public I learing to consider adoption of the Fiscal Year 2015 Budget was opened at 10:10 a.m. Hearing no comments from the public, On MOTION by Mr. Davis seconded by Mr. Ziko with all in favor, the Public Hearing to consider adoption of the Fiscal Year 2015 Budget was closed at 10:11 a.m. 2 Tuesday,09/09/14 August 15,2014 Port of the Islands CID A. Consideration of Resolution 2014-7 Adopting the Budget for Fiscal Year 2015 Mr. Teague presented Resolution 2014-7 for adoption; a copy of which was included. There being no comments or questions, On MOTION by Mr. Bissell seconded by Mr. Davis with all in favor, Resolution 2014-7 Relating to the Annual Appropriations of the District and Adopting the Budget for the Fiscal Year Beginning October 1,2014,and Ending September 30, 2015;and Referencing the Maintenance and Benefit Special Assessments to be Levied by the District for said Fiscal Year was adopted. B. Consideration of Resolution 2014-8 Levying Assessments for Fiscal Year 2015 Mr. Teague presented Resolution 2014-8 for adoption; a copy of which was included. • The Board may decide to do a direct bill for either the entire community or the community without the three parcels. Mr. Ziko MOVED to adopt Resolution 2014-8 Levying and Imposing a Non-Ad Valorem Maintenance Special Assessment for the District for Fiscal Year 2015; and Mr. Davis seconded the motion. • The Resolution will not be amended, but staff will be given direction to withdraw those funds out of the tax roll being submitted. There being no further discussion, On VOICE vote with all in favor, the prior motion was adopted as discussed. FIFTH ORDER OF BUSINESS Old Business A. Review of Landscape Maintenance Performance Mrs. Dillon discussed the recent walk-through with Mr. Soto; a report of which will be entered into the official record. 3 Tuesday,09/09/14 August 15,2014 Port of the Islands CID • Timers had to be replaced. • There was a charge of$47 for a nine volt battery. • There is an issue with checks and balances with Soto, which Mr. Edge will investigate. • Mr. Bissell recommends itemized invoices. • Irrigation bills are high. • The Board may consider looking at other irrigation services. • Staff will audit the invoices and report back at the next meeting. • Mr. Benson suggested giving Soto a map and tell them to mark the irrigation areas. B. Discussion of Landscape Maintenance Contract • Mr. Teague will give a contract to Soto for their review. • Mr. Teague will get comments from another contractor as a comparison. • This issue will be discussed at the next meeting. C. Update on Newport Road Traffic Control Project • The signs are too high and need to be lowered to traffic control standards. • The bicycle path was done. • The yield signs are still needed. • The stop sign in front of the real estate office will be moved to the right and placed on the left side of the stop bar where Newport joins U.S. 41. • Severn Trent staff will contact the painting company. SIXTH ORDER OF BUSINESS New Business There being no new business,the next order of business followed. SEVENTH ORDER OF BUSINESS District Manager's Report A. Approval of the July 31,2014 Financial Statements and Check Register Mr. Teague presented the July 31, 2014 Financial Statements and Check Register for the Board's review and acceptance; copies of which were included. • Delinquent water bills were addressed in which there are two new accounts, but they are all shut off. 4 Tuesday,09/09/14 August 15,2014 Port of the Islands CID ➢ The bill can be sent to the owner since one of them is a renter,but payment cannot be forced. ➢ Mr. Cox discussed the following two options: • Require the service to be in the property owner's name. • Require a tenant to have a higher deposit. ➢ Staff will check whether it is an owner or renter. ➢ The amount may be changed with the rate increase Public Hearing in September. Upon further discussion, On MOTION by Mr. Davis seconded by Mr. Lambert with all in favor, acceptance of the July 31, 2014 Financial Statements and Check Register was approved. B. Consideration of Fiscal Year 2015 Meeting Schedule Mr. Teague presented the Fiscal Year 2015 Meeting Schedule for the Board's review and approval; a copy of which was included. There being no further discussion, I On MOTION by Mr. Lambert seconded by Mr. Davis with all in favor, the Fiscal Year 2015 Meeting Schedule was approved as L presented. C. Discussion of 2014 Rate Increase Correction • The rules were not appropriately codified. • The Board voted to increase the rates in 1999. • The meter,backflow charges and irrigation rates were increased in 2010. • Staff is charging correctly. • Resolution 2014-10 will rescind the prior Resolution. • The new rates will be for the October billing. • The Board agreed to have the deposit for renters increased to$150. 5 Tuesday,09/09/14 August 15,2014 Port of the Islands CID There being no further discussion, On MOTION by Mr. Lambert seconded by Mr. Davis with all in favor, Resolution 2014-10 Rescinding Resolution 2014-6 Adopting a Rule to Establish a Utility Rate Increase of the District was adopted. • Severn Trent Services will pay for advertisement directly. D. Discussion of Follow-Up Items • Mr. Teague's office has been in contact with the insurance company regarding the accident at the median. EIGHTH ORDER OF BUSINESS Field Manager's Report A. Discussion of August 2014 Field Manager's Report Mr. Edge presented the August 2014 Field Manager's Report for discussion; a copy of which will be entered into the official record. • Mr. Edge will ask Mr. Migdal to read the voltage recorder. • Mr. Edge is following up with CNS. • Mr. Lambert inquired about the R&M spreadsheet and delays associated with the report. • The hotel had a new meter installed. There are labor costs which the hotel paid for. • Invoice tracking was discussed. ➢ Severn Trent staff is in the process of preparing a spreadsheet. • Hydorguards were discussed. • Mr. Benson addressed chloramines and chlorine flushes. NINTH ORDER OF BUSINESS Attorney's Report A. Update on North Hotel Foreclosure Proceedings • A new motion will be filed on Monday against the opposing attorney. B. Use of Construction Fund • Mr. Cox is waiting for a response from Bond Counsel regarding this issue. C. Direct Billing of Some Assessments 6 Tuesday,09/09/14 August 15,2014 Port of the Islands CID Mr. Cox presented a memorandum and Resolution 2014-09 for adoption; copies of which will be entered into the official record. • The tax certificate process may not occur while a bankruptcy is ongoing. • The tax certificates which have been struck off to the tax collector are the ones from 2009 through last year. • A decision needs to be made soon as to whether or not to direct bill the assessments by September 15,2014. • Advantages and disadvantages of the tax certificate process were discussed. • Filing of foreclosure can be initiated within 30 days. • The foreclosure process will commence March 2016 at the latest. • The properties in question are the North Hotel, dormitory property and Mr. I Iolecek's property. • Mr. Motwani is technically still the property owner, but a foreclosure action was entered. • Mr. Davis suggested donating the property to the county for fire training. • The Board would like to proceed with direct billing. • For the record, if the property owner states the Board is trying to discriminate against them,the local government cannot discriminate without a valid purpose. There being no further discussion, On MOTION by Mr. Davis seconded by Mr. Lambert with all in favor, Resolution 2014-09 Electing to Collect Non-Ad Valorem Special Assessments Levied on Certain Properties for the 2014- 2015 Fiscal Year by the Method Authorized under Chapter 170, Florida Statutes was adopted. • A decision on purchase of the tax certificates can be made at the September meeting. • A notice will be filed in the public record for the three properties. • Everything will have to be consummated by the day of the sale. 7 Tuesday,09/09/14 August 15,2014 Port of the Islands CID • A continued meeting will be necessary for implementation of buy-out of the tax certificates. TENTH ORDER OF BUSINESS Engineer's Report • Mr. Benson will be submitting a report early in the new Fiscal Year which will include potential capital improvements. ELEVENTH ORDER OF BUSINESS Supervisors' Requests • Mr. Teague indicated the three delinquent accounts are shut off and are still accumulating late charges. • Shut-off will be at 30 days. TWELFTH ORDER OF BUSINESS Public Comment Period Hearing no comments from the public,the next order of business followed. THIRTEENTH ORDER OF BUSINESS Adjournment There being no further business today, On MOTION by Mr. Davis seconded by Mr. Ziko with all in favor, this meeting was recessed and continued to Tuesday, August 26, 2014 at 10:00 a.m. at the Orchid Cove Clubhouse; 25005 Peacock Lane; Naples, Florida to continue discussion of direct billing of assessments. Calvin Teague orine Dillon Secretary Chairperson 8 Tuesday,09/09/14