Minutes 10/16/2009 Port of the Islanids Community Improvement District
Severn Trent Services, Management Services Division
210 North University Drive, Suite 702—Coral Springs—Florida 33071
(954)753-5841 —(954)345-1292 fax
January 5, 2010
Memorandum To: Mr. Robert Dick
Severn Trent Services, Inc. /s
5726 Corporation Circle �tA
Fort Myers, Florida 33905
Reference: Minutes of Continued Meeting Held October 30, 2009 and Approved
December 18, 2009
From: Calvin Teague
District Manager
Enclosed for your records is a copy of the minutes of the above-above-referenced meeting of the Port
of the Islands Community Improvement District's Board of Supervisors. Please make this document
available for public access during normal business hours.
If you have any questions, please contact Janice Swade at(954) 753-5841.
Cc: For informational purposes only:
Mr. Daniel Tripaldi
Treasury Accountant
Clerk of the Circuit Court
2671 Airport Road
Court Plaza III
Naples, Florida 34112-3016
Mr. Jim Mudd
Collier County Manager
Governmental Center
3301 East Tamiami Trail
Administration Building
Naples, Florida 34112
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FINANCE DEP..
MINUTES OF MEETING
PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT
The regular meeting of the Board of Supervisors of the Port of the Islands Community
Improvement District held on Friday, October 16, 2009 was recessed and reconvened on Friday,
October 30, 2009 at 10:00 a.m. in the Egret Room; 25000 Tamiami Trail; Naples, Florida.
Present and constituting a quorum were:
Dale Lambert Chairman
Richard Ziko Vice Chairman
Norine Dillon Assistant Secretary
Theodore Bissell Assistant Secretary
Charles Custer Assistant Secretary
Also present were:
Calvin Teague District Manager
Daniel Cox District Attorney (Via Telephone)
Ronald Benson District Engineer
Dennis Gasaway POI Gun Club
Lou Zalesnak LouLand, LLC
The following is a summary of the discussions and actions taken at the
October 30, 2009 Port of the Islands Community Improvement District's Continued Board of
Supervisors Meeting.
FIRST ORDER OF BUSINESS Roll Call
Mr. Lambert called the meeting to order.
SECOND ORDER OF BUSINESS Consideration of Development Agreement
with BRH Enterprises, LLC
Mr. Teague presented the Development Agreement between the District and BRH
Enterprises, LLC for the Board's review and approval; a copy of which is attached hereto and
made part of the public record.
Wednesday, 12/2/09 @ 10:41 a.m.
October 30, 2009 Port of the Islands C.I.D.
• Mr. Benson does not believe there are any disadvantages to the District taking this
over.
• The original purpose of obtaining this land was to build the fire station.
• There is enough property for another building as well as a parking lot.
• The storm water can be repaired.
• The water plant can now be built to the full size.
There being no further discussion,
On MOTION by Mr. Bissell seconded by Mrs. Dillon with all in
favor, the Development Agreement between the District and BRH
Enterprises, LLC was approved and the Chairman was authorized
to execute said agreement.
• The record will reflect that all Board members were in concurrence with
approving this agreement.
• Once the agreement is executed, the Site Development Plan can be worked on.
THIRD ORDER OF BUSINESS Consideration of Development Agreement
with LouLand, LLC
Mr. Teague presented the Development Agreement between the District and LouLand,
LLC for the Board's review and approval; a copy of which is attached hereto and made part of
the public record.
• Mr. Benson advised the Board Mr. Zalesnak's attorney will need to review this
agreement in order to determine the terms.
• Mr. Benson proceeded to explain the details.
➢ The CID has an easement over 42 acres on the property owned by the Gun
Club for effluent disposal.
➢ This acreage is spread beyond the state's line for which they claimed as
wetlands.
➢ The state has a document titled, Best Management Practices for
Environmental Stewardship of Florida Shooting Ranges, which is
consistent with the federal EPA report.
o One of the requirements is for the periodic removal of lead shot.
Wednesday, 12/2/09 @ 10:41 a.m. 2
October 30, 2009 Port of the Islands C.I.D.
o The ground must be level and the grass cut and maintained in order
for this removal to take place on a two to three year cycle.
➢ The CID's pipeline is located in this area and Mr. Holecek would like the
pipe to be moved.
o The CID no longer needs this pipe for primary disposal
since the reuse system is fully operational.
o A secondary system with a three-day storage pond is
required as part of the permit.
➢ Mr. Benson met with the state DEP to determine their position, which was
explained.
o They want the current effluent disposal system to be removed if it
can be replaced with the three-day storage pond.
o The current system is permitted through the federal government as
an NPDES permit because wetlands are considered state waters.
o There will be an annual cost savings for the CID if this is removed.
o Mr. Zalesnak and his staff agreed to move the pipe and provide the
pond.
• The pond will have four feet of water depth and three feet
of berm above the water, as required by the state.
• The CID will have to cut off the pipe and run it the rest of
the way into the pond.
➢ Mr. Benson modified the agreement.
o The CID as the permit holder with DEP would do the minor
modification to the system.
o The Gun Club can construct the pond once the CID gets the
permit.
o The CID is willing to finish the pond and remove the easement on
42 acres; after which they can move the pipe once they are ready to
transfer ownership to the CID.
Wednesday, 12/2/09 @ 10:41 a.m. 3
October 30, 2009 Port of the Islands C.I.D.
o They can provide the 15 foot easement from the end of CID
property in order to allow the CID canal access for the storm water
runoff and any future utilities for the canal.
➢ Mr. Benson discussed another factor regarding application for permits
with the county.
o The CID must submit applications to Collier County once the
modifications are finalized.
o The land must be zoned for a public facility.
o The property the CID will own must be connected.
o None of the roads need to be paved.
• Mr. Lambert wants to know if there is any lead shot in the area where the lake is
going to be; and if so, whether the CID should expect anything in writing which
indicates it will not be responsible to clean it up.
➢ The material will be removed when they dig for the pond.
• Mr. Lambert wants to know whether or not underground power will be installed
from the primary lines.
➢ This will be left up to LCEC.
➢ LCEC will do it free of charge if they are given an easement.
• Mr. Bissell wants the CID to get ownership of the property now.
➢ Mr. Lambert advised the CID will not want ownership until the pond is
there.
➢ Mr. Bissell believes it will be easier to obtain the permits if the CID owns
the land.
➢ Mr. Benson believes the CID can get the permits once the agreement
which states the CID is going to have ownership is signed.
• Mr. Lambert wants to know whether or not Mr. Zalesnak's staff will do the work
themselves.
➢ Mr. Zalesnak confirmed the equipment will have to be leased.
➢ They will hire Gun Club members, of which there are over 200 who are
skilled in every trade.
Wednesday, 12/2/09 @ 10:41 a.m. 4
October 30, 2009 Port of the Islands C.I.D.
• Mr. Lambert wants to know if the Gun Club is willing to do the grading for the
ponds.
➢ Mr. Zalesnak is willing to do this as long as the CID is willing to share the
costs.
➢ The machinery will be a major cost factor.
• Mr. Custer confirmed with Mr. Benson the pond will be dug prior to the CID
taking ownership of the land in order to avoid liability regarding construction
accidents.
➢ Mr. Benson also confirmed the CID will have no liability with permits.
• Mr. Ziko expressed his concern for any liabilities associated with digging of the
retention pond.
➢ Mr. Benson confirmed some type of agreement needs to be in place if
costs are going to be shared.
➢ The attorneys may need to get involved in this aspect.
• Mr. Ziko wants to know what is going to be done for fire protection.
➢ The pump which pressurizes the reuse system will provide pressurized
water all the way to an eight inch pipe which will be installed by the CID.
➢ A hydrant can be put in at the end of the line.
➢ There can be a back pressure control valve when the water dumps into the
pond in order to maintain pressure in the pipe.
➢ This will provide fire protection to both properties.
• Mr. Benson confirmed a potable water line will be necessary.
Mr. Bissell MOVED to accept the terms of the Development
Agreement with LouLand, LLC for the District to release an
easement for effluent disposal on 42.4 acres of the Gun Club
property in exchange for 1.5 to 2.0 acres of property for an effluent
storage pond.
• This agreement should be accepted in concept in the event the attorney wants to
modify the language.
• Mr. Teague asked that the motion be accepted pending review by the attorney and
staff review.
Wednesday, 12/2/09 @ 10:41 a.m. 5
October 30, 2009 Port of the Islands C.I.D.
Mrs. Dillon SECONDED the prior motion as amended.
• The CID will have a Fee Simple Title on the pond which the Gun Club is going to
provide and a Quit Claim Deed on the property which Mr. Holecek is involved
with.
➢ Mr. Lambert wants to know if this will be free and clear of any
encumbrances, which Mr. Cox will have to confirm.
• Mr. Ziko wants to ensure this entire project is not going to cost the CID $75,000
to $100,000.
➢ Mrs. Dillon reminded Mr. Ziko the CID is going to have extra property for
the water plant.
➢ Mr. Teague reminded Mr. Ziko the CID is giving up an easement on 42
acres.
➢ Mr. Ziko suggested an amount not to exceed $40,000 on the construction
be added to the agreement.
➢ Mr. Benson suggested he will bring an estimate to the next meeting.
• Mr. Lambert wants to know if there are going to be any testing requirements if the
water going in is going to be used as an outflow from the treatment plant.
➢ It will not have to be tested because the CID will have the ability to take
the water back to the treatment plant, which will go into the dyna-sand
filter for disinfection.
➢ There will be a small wet well with a submersible pump.
• Mr. Custer wants to know if the pond will be certified as free of lead before it is
dug up.
➢ Mrs. Dillon believes the lead will be removed when they are digging for
the pond.
➢ The soil should be sifted for lead.
• Mr. Ziko is concerned about contamination.
➢ Mr. Benson suggested lining the pond with a synthetic liner, which
involves an additional cost.
Wednesday, 12/2/09 @ 10:41 a.m.
October 30, 2009 Port of the Islands C.I.D.
• Mr. Lambert wants to know if the CID will have any problems in obtaining clear
title on the Holecek property and the property the CID may accept from the Gun
Club for a pond because the agreement with Holecek states the CID will get a
Quit Claim Deed; and the Gun Club agreement states the CID will get a Fee
Simple Title. He asked Mr. Cox to advise him.
➢ Mr. Cox is not certain of the status of the title.
➢ He went to the foreclosure and had the chain of title.
➢ He will have to update it, which should not be a major issue.
➢ Mr. Cox is comfortable with Mr. Lambert executing the agreement with
Mr. Holecek today.
➢ He is also comfortable with the Gun Club agreement.
• Mr. Teague asked Mr. Cox's advice with regards to environmental exposure in
the event there is some lead in this area when it is dug up.
➢ The work will be done subject to possible conditions from DEP, according
to Mr. Benson.
• The agreement can be executed today as stated in the original motion.
➢ The language can also be slightly modified to address any concerns.
➢ The property owner must also be in agreement with any modifications.
➢ If the Board agrees to this in concept, Mr. Benson can draw up a legal
description of the property in order to commence the rezoning process.
On VOICE vote with all Board members voting nay, the motion to
conceptually accept the terms of the Development Agreement with
LouLand, LLC for the District to release an easement for effluent
disposal on 42.4 acres of the Gun Club property in exchange for
1.5 to 2.0 acres of property for an effluent storage pond failed.
There being no further discussion,
Wednesday, 12/2/09 @ 10:41 a.m. 7
October 30, 2009 Port of the Islands C.I.D.
On MOTION by Mr. Bissell seconded by Mrs. Dillon with all in
favor, the terms outlined in the Development Agreement with
LouLand, LLC for the District to release an easement for effluent
disposal on 42.4 acres of the Gun Club property in exchange for
1.5 to 2.0 acres of property for an effluent storage pond were
conceptually approved, contingent upon receipt of a clear title;
acceptance of construction costs associated with the project; and
assurance any environmental liabilities associated with property
being deeded to the District are addressed.
FOURTH ORDER OF BUSINESS Supervisors' Requests
• Mr. Benson advised the Board they need to think about what to charge for an
ERC.
• The Board discussed funding options for the new water plant.
FIFTH ORDER OF BUSINESS Adjournment
There being no further business,
On MOTION by Mr. Bissell seconded by Mr. Custer with all in
favor, the meeting was adjourned.
QA-1
Calvin Teague Dale Lambert
Secretary Chairman
Wednesday, 12/2/09 @ 10:41 a.m. 8