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Minutes 11/20/2009 Port of the Islands 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. 5726 Corporation Circle Fort Myers, Florida 33905 Reference: Minutes of Meeting Held November 20, 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 r- i V D JAN 14 2010 FINANCE DEPT. i MINUTES OF MEETING PORT OF THE ISLANDS COMMUNITY IMPROVMEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held on Friday, November 20, 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 Ronald Benson District Engineer Robert Casey Utility Manager Jean Kungle POI Realty Kathryn Kehlmeier Resident Tom Mack Resident Marlene Marchand Resident Charles Nelson Resident Jim Simmons Resident Tom Weis Resident The following is a summary of the discussions and actions taken at the November 20, 2009 Port of the Islands Community Improvement District's Board of Supervisors Meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Lambert called the meeting to order and Mr. Teague called the roll. SECOND ORDER OF BUSINESS Approval of Revised Agenda This item was not addressed. Tuesday, 12/8/09 @ 10:24 a.m. November 20, 2009 Port of the Islands C.I.D. FOURTH ORDER OF BUSINESS Audience Comments Mr. Simmons discussed his position on the Ochopee Fire Control District Advisory Board. • He has been a Board member for two years and it is currently up for renewal. • He is no longer interested in being a Board member and asked if anyone else was interested. • He has not been asked to do anything and is questioning his value to the Board. ➢ Mrs. Dillon reminded Mr. Simmons his role is to serve as a sounding board for their budget. THIRD ORDER OF BUSINESS Approval of Minutes of the October 16, 2009 Meeting Mr. Lambert stated each Board member received a copy of the Minutes of the October 16, 2009 Meeting and requested any additions, corrections or deletions. • On Page 2 in the first paragraph under the THIRD ORDER OF BUSINESS, Weis should replace Mack. • On Page 6 in the fifth arrow from the bottom, be should be inserted before different. • On Page 15 in the second arrow, and other lighting needs should be inserted at the end of the sentence. There being no further additions, corrections or deletions, On MOTION by Mr. Ziko seconded by Mr. Bissell with all in favor, the Minutes of the October 16, 2009 Meeting were approved as amended. FIFTH ORDER OF BUSINESS Public Hearing for Rulemaking A. Public Hearing to Consider Adoption of a Rule Establishing Rates for Commercial Meters and Backflow Devices Mr. Teague proceeded to explain this rule. • The rule will create backflow installation fees. • Changes were made in which the backflow and meter fees were adjusted to reflect recommended rates. Tuesday, 12/8/09 @ 10:24 a.m. 2 November 20, 2009 Port of the Islands C.I.D. • The 5/8 inch meter will increase from $250 to $500, which includes the meter and the backflow device. • The 3/4 inch meter will increase to $650. • The one inch meter will increase to $750. • The two inch meter will increase to $1,250. • Anything larger will include a materials cost plus $500 or $250 if the installation is done by the owner. • Mr. Benson inserted a table indicating the appropriate size meter needed, which is consistent with the Collier County Ordinance. • Mr. Benson clarified the document under Tab B of the agenda package incorporates the proposed changes in the amendment. • The same document under Tab A on Page 3 still contains the entire section which was deleted. • Once this is adopted, the information can be posted on the website. A motion to open the Public Hearing is in order. There being no further discussion, On MOTION by Mr. Bissell seconded by Mrs. Dillon with all in favor, the Public Hearing to consider Adoption of a Rule Establishing Rates for Commercial Meters and Backflow Devices was opened for public comment. • Ms. Kungle wanted to know the appropriate meter size for commercial entities, to which Mr. Benson provided a response. ➢ The meter will be sized for whatever the commercial entity needs, but will probably be larger than 5/8. • Mr. Ziko believes $500 per meter should be changed to $500 per installation. ➢ The Board and staff agreed with this modification. • This rule applies to new construction and not replacement of old meters. There being no further comments or questions, Tuesday, 12/8/09 @ 10:24 a.m. 3 November 20, 2009 Port of the Islands C.I.D. On MOTION by Mrs. Dillon seconded by Mr. Bissell with all in favor, the Public Hearing to consider Adoption of a Rule Establishing Rates for Commercial Meters and Backflow Devices was closed for public comment. B. Consideration of Resolution 2010-1 Establishing Rates for Commercial Meters and Backflow Devices Mr. Teague presented Resolution 2010-1 establishing rates for commercial meters and backflow devices for the Board's review and adoption; a copy of which is attached hereto and made part of the public record. Mr. Ziko MOVED to adopt Resolution 2010-1 Adopting a Rule to Establish Rates, Fees and Charges for Commercial Meters and Backflow Devices for New Users; Allowing for Inclusion of Installment Costs for Such Devices; and Providing an Effective Date as amended; and Mrs. Dillon seconded the motion. • Mr. Cox reminded staff the effective date should be included on the resolution. • Mr. Lambert gave an overview of the amendments. ➢ On Page 1 of Exhibit A, $500/meter should be replaced with $500/installation. ➢ Under Item 2 of the Resolution, effective should replace adopted. ➢ The effective date should be November 20, 2009. There being no further discussion, On VOICE vote with all in favor, the prior motion was adopted as amended. SIXTH ORDER OF BUSINESS Old Business A. Review of Orchid Cove Utility Billing Issues • They paid their debt and do not owe anything. • Mr. Teague has a copy of their billing history which shows a zero balance. • This item can be removed from future agendas. Tuesday, 12/8/09 @ 10:24 a.m. 4 November 20, 2009 Port of the Islands C.I.D. SEVENTH ORDER OF BUSINESS New Business Mr. Lambert raised an issue regarding work done on Mr. Nelson's property. There are drainage problems as a result of the swale work which was done; and Mr. Nelson elaborated on the issue. • The landscapers cannot mow in this area because it is extremely steep. • Mr. Nelson believes the property needs to be brought back to its original grade or a pipe needs to be installed. • Code Enforcement became involved to some extent; and they agreed this is a maintenance issue which is of no concern to them. • Mr. Benson discussed the history. ➢ Collier County authorized Wilkerson & Associates to install the swale to county standards in 1992. ➢ A survey done approximately one year ago indicated the soil in Mr. Nelson's yard was two feet higher than what it was in 1992. ➢ It had to be removed in order to stay within the permit issued by the county in 1991. ➢ The swale was restored to its original condition; and a recent survey indicated the bottom of the swale was in the appropriate place. ➢ The slope became steeper after Mr. Nelson's home was built due to the additional fill. ➢ The swale cannot be filled in, nor can a pipe be installed there because it will not meet the water storage requirements of the original permit. ➢ It can only be put back to its original condition. • Mr. Nelson discussed additional problems. ➢ There are erosion problems. ➢ The CID is not maintaining the appropriate drop on the swale according to the plans. ➢ Mr. Benson addressed a possible solution. o They will need to excavate a major amount of the fill on Mr. Nelson's property in order to put it back to the original condition which Collier County permitted. Tuesday, 12/8/09 @ 10:24 a.m. 5 November 20, 2009 Port of the Islands C.I.D. ➢ This was done at the time the property was box-bladed. ➢ They went three inches over the requirement for the drainage when it was installed. ➢ Mr. Nelson believes there may have been a problem farther up on the line and they had to drop it to make up the difference. o The bottom of the swale is currently backed to the area for which it was permitted according to a recent survey, and Mr. Benson has the approved drawings showing this. o Mr. Nelson told the Board he did not receive the scanned drawing which Mr. Benson e-mailed him. • Mr. Lambert concluded the swale is within the CID's easement and they are meeting county requirements for design of the swale. ➢ Mr. Nelson told the Board the Collier County Building Department gave him permission to install the pipe. o The Board will need to see this in writing. ➢ Mr. Nelson requested the elevations on the properties in this area be surveyed. • Mr. Benson has been to Mr. Nelson's home three times for visual inspections. • Mr. Nelson was told by one of the inspectors from Hole Montes that there is a problem and a pipe should be installed. ➢ The County Inspector will have to defer to the County Engineer, according to Mr. Benson. ➢ The County Engineer is the person who approved this as a maintenance issue to put the swale back to its original condition. • Mr. Nelson had approximately one foot of water in this swale after a rainstorm. ➢ Mr. Benson acknowledged that one of the neighbors further down the street had the swale blocked and the water which was supposed to go to the end of the street past Mr. Nelson's lot was not getting there. • Mr. Nelson confirmed his home was not built into the easement. ➢ The Board reminded Mr. Nelson the trees and shrubs were built into the easement. Tuesday, 12/8/09 @ 10:24 a.m. November 20, 2009 Port of the Islands C.I.D. ➢ Mr. Nelson was granted verbal approval from the CID to put the Palm Trees in when the house was built. o The Board recalls they granted him permission to put up a small bridge down to the dock. • Mr. Nelson suggested he can possibly install a perforated pipe with a sock; put some stone around it; and cover it with sod, which will still keep the retention open. ➢ He does not have the retention because open volume to hold water requires 100% storage. If there is soil there is 30% volume; and rock gives 40% volume. • Mr. Cox suggested Mr. Nelson should have an engineer design a drawing which reflects the pipe he wants installed and present it to the Board for consideration at a future meeting. ➢ Mr. Benson suggested he will have to go through Collier County Land Development Procedures in order to get a modification of what was originally approved by Collier County. ➢ Mr. Custer is in favor of Mr. Nelson pursuing Mr. Cox's recommendation. TENTH ORDER OF BUSINESS Attorney's Report C. Consideration of Documents Related to the Special Assessment Process i. Consideration of Resolution Declaring Special Assessments — Resolution 2010-2 Mr. Cox presented Resolution 2010-2 which declares Special Assessments for the Board's review and adoption; a copy of which is attached hereto and made part of the public record. • This is commonly called the intent resolution. • It expresses the fact the District intends to construct the project with the intent of financing it with special assessments which are going to be levied against the properties within the District. • The Board will have to ensure the project incurs a special benefit to the properties served by the Capital Improvements. ➢ These types of special benefits include anything which promotes enhanced use, enjoyment, value, marketability and fire protection. Tuesday, 12/8/09 @ 10:24 a.m. 7 November 20, 2009 Port of the Islands C.I.D. ➢ The new water treatment plant is necessary in order for the District to provide potable water to the community. • There must be a fair and reasonable apportionment of the duty to pay these assessments. • The initial resolution and its attachments were discussed. ➢ There is a description of the project within the Engineer's Report which was prepared by Hole Montes for the new water treatment plant. ➢ There is a 2010 Capital Improvement Plan for which some of the funds will be drawn to complete some of the projects related to the wastewater treatment plant paving. ➢ There is a Preliminary Special Assessment Roll which is not 100% accurate at this point because events will occur between now and the date of the public hearing which will change the distribution of ERCs. Mr. Cox briefly described these changes. o The Agreement with BRH is going to move six ERCs out of the picture because BRH is giving them back to the CID, and they will be placed in a reserve. The total number of units will decrease from 1,032.96 to 1,026.96. o There are also other internal items which were identified by Mr. Benson to be corrected before the final assessment roll. o The Preliminary Assessment Roll is sufficient to file a complaint to set the hearing. ➢ The public hearing is set for January, at which time the Board will take testimony and questions prior to setting the final assessment roll. ➢ Mr. Cox believes the amount the CID will borrow as well as the interest rate should be determined at this time. ➢ The Preliminary Assessment Roll reflects a net savings from the Capital Improvement portion of the water and utility assessment. ➢ The amount of $5,500,000 will be validated as a cushion, but the actual cost of the project should be substantially less. • Mr. Cox proceeded to read Resolution 2010-2 into the record. Tuesday, 12/8/09 @ 10:24 a.m. 8 November 20, 2009 Port of the Islands C.I.D. ➢ A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSMENT ROLL;PROVIDING FOR PUBLICATION OF THIS RESOLUTION ➢ Mr. Teague reminded the Board this Resolution gives the District flexibility in working out the final terms of the loan. • Mr. Lambert wants to know the difference between the two Engineering Reports which are included. ➢ Mr. Benson confirmed the first Engineering Report is a supplement to the second one. • Mr. Ziko asked for an explanation of the folio numbers which have amounts under the PER UNIT ANNUAL, but have a zero balance under TOTAL WS ALLOCATION. ➢ Mr. Lambert explained there are parcel numbers which do not have any assessments. ➢ They have no ERCs. ➢ Mr. Cox will send the Assessment Roll to the Board electronically. Tuesday, 12/8/09 @ 10:24 a.m. 9 November 20, 2009 Port of the Islands C.I.D. Mr. Bissell MOVED to adopt Resolution 2010-2 Declaring Special Assessments; Indicating the Location, Nature and Estimated Cost of those Improvements whose cost is to be defrayed by the Special Assessments; Providing the portion of the estimated cost of the improvements to be defrayed by the Special Assessments; Providing the manner in which such Special Assessments shall be made; Providing when such Special Assessments shall be made; Designating lands upon which the Special Assessments shall be levied; Providing for an Assessment Plat; Adopting a Preliminary Assessment Roll; Providing for Publication of this Resolution; and Mr. Ziko seconded the motion. • Mrs. Dillon asked Mr. Benson about the possibility of pursuing the State Revolving Fund for financing. ➢ A Water Facility Plan will have to be written up which includes all checklist items required by the federal government at an additional expense. ➢ A 20-page application will have to be filled out, which will require additional information such as median household income to determine qualification parameters. ➢ All of this information will have to be submitted and scored for the exact amount of funding. ➢ There is currently no money remaining in the fund, but the federal government may give more money in the next year. ➢ Mr. Benson believes the CID would have to hire someone to do the required paperwork. • The total project cost includes the Engineering Report. • Mr. Ziko wants to know whether Mr. Benson made recommendations on any of the options contained in the report; and if any of those options will vary the cost. ➢ Mr. Benson recommended the option with the lowest overall cost, which will not affect the cost estimate from the June Engineering Report. • Mr. Cox reminded the Board they may be able to include some of the other projects listed on the Capital Improvement Plan with this financing. There being no further discussion, Tuesday, 12/8/09 @ 10:24 a.m. 10 November 20, 2009 Port of the Islands C.I.D. On VOICE vote with all in favor, the prior motion was adopted. • Mr. Teague reminded Mr. Cox the actual project will commence in one year; and March is the earliest time at which funds may be drawn. • The funds will not be needed until next summer or fall, but Mr. Cox still believes the CID should proceed. ii. Consideration of Resolution Setting a Public Hearing to Impose Special Assessments—2010-3 Mr. Cox presented Resolution 2010-3 which sets a Public Hearing to Impose Special Assessments; a copy of which is attached hereto and made part of the public record. • Mr. Cox proceeded to read Resolution 2010-3 into the record. ➢ A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD ON JANUARY 15, 2010, AT 10:00 A.M., IN THE EGRET ROOM; 25000 TAMIAMI TRAIL; NAPLES, FLORIDA 34114, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON IMPOSING A SPECIAL ASSESSMENT ON CERTAIN PROPERTY WITHIN THE DISTRICT GENERALLY DESCRIBED AS THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT IN ACCORDANCE WITH CAPTERS 170 AND 190, FLORIDA STATUTES. • This Resolution will authorize staff to publish the notice in the newspaper and provide written notice to all property owners within the District, enabling all to attend and provide public comment as to whether or not this should be done. • Mrs. Dillon was concerned this may be too soon. ➢ Mr. Cox reminded Mrs. Dillon January or February is ideal since most or all residents should be here for the season. There being no further discussion, Tuesday, 12/8/09 @ 10:24 a.m. 11 November 20, 2009 Port of the Islands C.I.D. On MOTION by Mrs. Dillon seconded by Mr. Ziko with all in favor, Resolution 2010-3 Setting a Public Hearing to be held on January 15, 2010, at 10:00 a.m. in the Egret Room; 25000 Tamiami Trail; Naples, Florida 34114, for the purpose of hearing public comment on imposing a Special Assessment on certain property within the District generally described as the Port of the Islands Community Improvement District in accordance with Chapters 170 and 190, Florida Statutes was adopted. iii. Consideration of Bond Resolution 2010-4 Mr. Cox presented Bond Resolution 2010-4 for the Board's review and adoption; a copy of which is attached hereto and made part of the public record. • Mr. Cox proceeded to explain the resolution. ➢ This Bond is an obligation of a local government to pay money. ➢ The Statutes require any loan for a term longer than 10 years to be validated with a certain court; and Mr. Cox explained the process. o He will file a suit on behalf of the District against the State of Florida with the State Attorney's Office. o They will ask for proof. o Mr. Cox will get the judge to issue an Order to Show Cause, which will be published in the newspaper two times over a period of one month. o Mr. Cox will prove all issues to the judge at the hearing to define the fact that the Bond is being issued for a valid public purpose, which is construction of a public facility to serve the community. o The District will be able to legally implement the method of payment without taking it to a vote. o The project and method of payment must be reasonable and the state, county and CID will not be committed to levying ad valorem assessments against the properties. • If there are ad valorem assessments against the properties for the purpose of repaying the bonds, a referendum election with a majority vote of residents affected by the bond issue will be necessary. Tuesday, 12/8/09 @ 10:24 a.m. 12 November 20, 2009 Port of the Islands C.I.D. ➢ The resolution defines that the project is advisable to further protect the health, safety and welfare of the residents. ➢ The estimated cost is less than $5,500,000. ➢ There will be pledged revenues defined in the resolution as the net revenue from the ad valorem assessments levied for debt service of the bond. ➢ The CID will only be required to pay the Bondholder what was actually received in assessments levied for this purpose. ➢ The life of the project will exceed the term of the note. ➢ This resolution will become part of the agreement with the Bondholder. ➢ The resolution mandates the District to pledge the special assessments for this project only and does not affect other District assets. ➢ The amount is not to exceed $5,500,000. ➢ The funds will be placed in a construction account to be used for this purpose only. ➢ Any remaining funds go toward paying off the note prior to commencement of the amortization. ➢ The CID may earn interest, but not more that what is being paid. ➢ A reserve fund will be set up. • Mr. Cox proceeded to read Resolution 2010-4 into the record. ➢ A RESOLUTION PROVIDING FOR THE ACQUISITION, CONSTRUCTION AND ERECTION OF IMPROVEMENTS TO THE PUBLIC FACILITIES OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT OF COLLIER COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $5,500,000 SPECIAL ASSESSMENT BONDS TO FINANCE A PORTION OF THE COST THEREOF; PLEDGING A LIEN ON THE NET REVENUES OF THE ASSESSMENTS TO SECURE THE PAYMENT THEREOF; PROVIDING FOR THE RIGHTS OF THE HOLDER OF SUCH BONDS; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. Tuesday, 12/8/09 @ 10:24 a.m. 13 November 20, 2009 Port of the Islands C.I.D. • These funds will have to be audited. ➢ Mr. Teague suggested the funds can be incorporated into the Enterprise Fund as a line item. ➢ This will show the District is clearly segregating the funds for the repayment of the debt from everything else in the Enterprise Fund. There being no further discussion, On MOTION by Mrs. Dillon seconded by Mr. Ziko with all in favor, Resolution 2010-4 Providing for the acquisition, construction and erection of improvements to the Public Facilities of the Port of the Islands Community Improvement District of Collier County, Florida; Authorizing the issuance of not exceeding $5,500,000 Special Assessment Bonds to finance a portion of the cost thereof; Pledging a lien on the net revenues of the Assessments to secure the payment thereof; Providing for the rights of the holders of such Bonds; providing certain other matters in connection therewith and Providing an effective date was adopted. EIGHTH ORDER OF BUSINESS District Manager's Report A. Update on Financing for New Water Treatment Plant • The loan will be put together once Mr. Benson gives a clear indication three months in advance he is ready to proceed with going to bid. • This item will be removed from the agenda with the exception of the public hearings in January. • The funds will be set up in an account to be drawn down within a certain period of time; after which the funds will go to the construction fund. • The draw down period will be six months to one year. • Mr. Teague will have three to four different banks to present options to the Board. B. Update of Union Road Signage Installation • Mr. Teague contacted Mr. Colletta's office and was told they already received a request and they are in the process of acting on this. • Mr. Teague followed up again last week and was told he should contact Ms. Debbie Tower at FDOT. Tuesday, 12/8/09 @ 10:24 a.m. 14 November 20, 2009 Port of the Islands C.I.D. ➢ Ms. Tower told Mr. Teague they will change the signage as soon as the county authorizes them to do so. ➢ Mr. Teague called the county back and was told they would talk to Ms. Tower to authorize the change. • Mr. Teague should have something next week. C. Update on ERC Dormitory Issue • Someone received a recording of the ERCs. • This issue is complete. • The ERCs on the North Hotel are current. ➢ Some ERCs for a group of condominiums on Stella Maris are outstanding for 2008. ➢ There are some outstanding ERCs for 2009 with the Master Association. • Mr. Lambert asked Mr. Cox what happens to tax certificates if they are not sold. ➢ The certificate is held by the county. ➢ The CID will not get the money for the certificate until someone actually purchases it. ➢ After two years, the county puts the unsold certificate onto land development taxes; after which anyone can purchase it for the sum total of all of the outstanding taxes. NINTH ORDER OF BUSINESS Field Manager's Report Mr. Casey distributed the November 2009 Operations Report for Board discussion; a copy of which is attached hereto and made part of the public record. • Potable water use increased by approximately 10% over the last month, which results from the fact that more residents are down for the season. • Stage I and II TTHMs were tested and positive results are expected. • A revised lead and cooper sampling plan was submitted to DEP for acceptance. ➢ Staff has not gotten acceptance yet. ➢ This must be done by January 1, 2010, but the approval process only takes one day. • There were two exceedances on total suspended solids in the effluent. Tuesday, 12/8/09 @ 10:24 a.m. 15 November 20, 2009 Port of the Islands C.I.D. ➢ This resulted from the breach of one of the MBR modules which was addressed at the last meeting. ➢ Staff rejected reuse water for two days as a precautionary measure. ➢ A spare module was purchased from Parkson. ➢ Severn Trent has the capability of changing the module. ➢ The CID will not have to pay for the spare module. • The reuse system is operational. ➢ Mr. Casey noticed some excessive starting and stopping; and low flow conditions. ➢ This can be minimized and should not be expensive. • The 75 HP reuse pump was discussed. ➢ It was out for six weeks. ➢ The mechanical seal blew once it was fired up. ➢ There was an alignment issue and the mechanical seal was fractured. ➢ A proposal was submitted from Severn Trent Special Services to repair it. • Commercial backflow installations were discussed. ➢ The North Hotel installations are complete. ➢ The South Hotel installations will start next week. ➢ All work must be complete by January 2010; and Mr. Casey confirmed it will be done. ➢ A new DEP inspector is involved. • Entryway lighting was discussed. ➢ Mr. Casey expects a proposal next week. ➢ They will hold off on Newport Drive until the new sign goes up. ➢ Mr. Lambert asked that Mr. Casey let Mr. Soto know he will be responsible for any repairs or replacement in the event any lawn mowers run into the new lighting. • The Stella Maris Lift Station Panel is in the process of being built. ➢ It will include an RTU Telemetry Unit. • Parkson/MBR issues were discussed. ➢ Parkson has been on site recently because of a failed electrical component. Tuesday, 12/8/09 @ 10:24 a.m. 16 November 20, 2009 Port of the Islands C.I.D. ➢ It has since been replaced. ➢ They are coming up with different cleaning techniques in which different chemicals are being introduced along with adjustment of the ph. • The Sunset Cay Lakes pool potable service installation was briefly discussed. ➢ This is not actually a CID issue. ➢ The meter was installed along with a backflow prevention device. • The Duckweed problem at the wastewater treatment plant was discussed. ➢ There is a substantial amount of Duckweed on the reject basins and the reuse storage tank. ➢ The area was treated; and everything is clean. ➢ A follow-up treatment needs to be done at the reuse tank in order to avoid using too much of the chemical on the irrigation water. • Mr. Casey should have a proposal from Soto for the U.S. 41 landscaping replacement soon. • There is a Rattlesnake issue at the utility site. ➢ Mr. Casey had a close encounter with a five foot Diamondback Rattlesnake which got into the garage. ➢ Mr. Casey sprayed wasp spray to get it out of there. ➢ They installed expanding foam around all of the areas of the building. ➢ Mr. Casey called the Sheriffs Department, FWC and the Fire Department; and none of them would touch it. ➢ He contacted a snake wrangling company, which will remove those types of snakes. o Mr. Casey wants to know if a $1 Million Certificate of Liability Insurance is sufficient to authorize this to be done. o The Board concurred Mr. Casey can contact someone if this happens again. • The hose bib conversion at Sunset Cay was discussed. ➢ The conversion is complete. ➢ Mr. Casey is going to sample each hose bib to ensure they are all potable. • Well sampling was discussed. Tuesday, 12/8/09 @ 10:24 a.m. 17 November 20, 2009 Port of the Islands C.I.D. ➢ This is part of the water plant redesign project. ➢ One specific well had to run for a 24-hour period. ➢ This was completed without incident. Mr. Casey discussed miscellaneous items which were not part of his report. • The fire hydrant at the hotel was repaired. • Mr. Casey presented a Work Authorization for the water level monitoring equipment in the amount of$3,708 for the Board's review and approval; a copy of which is attached hereto and made part of the public record. ➢ This is for a data logger for a monitoring well. ➢ This is not tied into the Scada. There being no further discussion, On MOTION by Mr. Ziko seconded by Mrs. Dillon with all in favor, Contract 09-08 authorizing Severn Trent Services to provide and install Level TROLL 500 water level and temperature logger for the District's Monitoring Well MW1 at the wellfield, as recommended by the District Engineer, in the amount of $3,708 was approved. • Mr. Casey and staff are working closely with Kent Technologies who is overseeing the project for fiber installation down to Everglades City. ➢ Mr. Casey and staff are monitoring any possible service disruptions resulting from this work. • Mrs. Dillon asked for a status on the fire hydrant at Sunset Cay Lakes. ➢ The contractor taped off the hydrant when the re-sealing project was being done. ➢ Testing of the hydrant revealed no problems. TENTH ORDER OF BUSINESS Attorney's Report (Continued) A. Update on CID Logo Registration • No progress has been made on this issue. B. Update of Orchid Cove Utility Dedication Mr. Cox discussed a letter from the Orchid Cove attorney; a copy of which is attached hereto and made part of the public record. Tuesday, 12/8/09 @ 10:24 a.m. 18 November 20, 2009 Port of the Islands C.I.D. • Mr. Cox will remind him about the $5,800 debt. • All of the buildings have Certificates of Occupancy with the exception of the building which does not have enough ERCs. • Mr. Bissell suggests the CID consider taking this over six months after they have completed the building. ➢ Mr. Cox is concerned they may not be willing to negotiate the other items if the CID does this. • Mrs. Dillon presented some conditions for proceeding. ➢ They should pay back the CID debt of$5,800. ➢ They should provide more information regarding the flush valves. • Mr. Bissell provided the Board with information regarding the portion of the CID's irrigation which they destroyed, at the request of Mr. Cox. ➢ When they dug out the area to put up their sign, they broke the irrigation line which went from the meter over to the sign. ➢ The line was never repaired. ➢ Mr. Benson does not believe the area is metered. • The Board concurred not to rush into this until they are more willing to negotiate. Mr. Cox discussed the agreements which were approved at the October 30, 2009 continued meeting. • Mr. Cox checked on the title as requested by the Board for the Agreement with BRH Enterprises. ➢ The title is clear and there are no concerns. • Mr. Cox discussed issues with the Gun Club property. ➢ Mr. Holecek holds a Right of First Refusal as well as a mortgage on the property he sold to LouLand LLC. ➢ The terms of the option are not available as public records. ➢ Mr. Cox will need to see these documents before the CID can come to a final agreement. ➢ Mr. Cox discussed the environmental issues associated with the property. o There is lead in this area from the ammunition. Tuesday, 12/8/09 @ 10:24 a.m. 19 November 20, 2009 Port of the Islands C.I.D. o They should construct the lake and remove the lead prior to conveying the property to the CID. ➢ Mr. Benson received a verbal confirmation from Collier County Planning & Zoning the CID does not have to own the property in order to re-zone it. o Mr. Benson still believes there are good reasons to own the land. ELEVENTH ORDER OF BUSINESS Engineer's Report A. Update on New Water Treatment Plant This item was not discussed since most issues were already addressed earlier in the meeting. B. Update on Gun Club Agreement • Mr. Benson discussed conditions for submission of the re-zoning application. ➢ The CID must own the entire property or the owner of the portion of the property the CID is acquiring should sign as a co-applicant in order to have an agreement. ➢ There is a 30-day time period to get title in the agreement. • Mr. Benson believes the CID should wait until it gets title. • Mr. Benson described his plan. ➢ He will submit the application next week; at which time the individual at the county who will easily approve the application will be back from vacation. • The attorney for BRH offered to prepare the deed. ➢ Mr. Cox will need the legal description in order to submit this. • Mr. Benson held a lengthy discussion regarding the report of the costs associated with this property; a copy of which is attached hereto and made part of the public record. ➢ The Board determined only Item A must be done. ➢ The remaining items are there for the Board's benefit in negotiating terms with the Gun Club. ➢ No action is necessary today. ➢ The CID must proceed on Item A in order to get the new water plant done on time. Tuesday, 12/8/09 @ 10:24 a.m. 20 November 20, 2009 Port of the Islands C.I.D. ➢ Various items under B can be done as the Board sees fit and determines an agreement can be worked out with the Gun Club. ➢ Mr. Lambert believes there is too much liability involved with having Gun Club staff working on the ponds. • Mr. Benson recommends getting the SFWMD permit; after which they can dig the pond. ➢ This process will take a few months. ➢ Mr. Benson will apply for the permit, which is a modification of the permit issued in 1991. o The permit is modified because they are building new items on the property requiring a larger pond which will be relocated. o All necessary retention ponds can be constructed on the property once the permit is obtained. • Mr. Benson will bid the project before the permit is approved with a notation they will have to wait for the permit to be approved prior to commencement of the work. ➢ The Board was in concurrence. Mr. Benson discussed the MBR system and Parkson. • Mr. Benson met with four representatives of Parkson on Monday afternoon. ➢ They continue to spend a lot of time trying to resolve the problems with the MBR system. ➢ They are incurring the cost. ➢ They want the CID to pay the last $350,000 which is owed for the work they completed. o The CID is holding this amount back until all work is done and all issues are resolved. ➢ Mr. Benson wants to put them on a timeframe to finish the work and resolve the problems. o Mr. Ziko suggested paying a portion of the $350,000 as a measure of good will since they have been working so diligently. Tuesday, 12/8/09 @ 10:24 a.m. 21 November 20, 2009 Port of the Islands C.I.D. o Mr. Benson will contact Mr. Cox and Mr. Teague once the next level of work is done to determine how much they should be paid. Mr. Benson discussed the issue regarding Mr. Nelson. • Mr. Benson discussed the various elevations with the Board. ➢ Mr. Benson does not believe this is the CID's issue to handle. ➢ It should be handled by the county. • Mr. Cox believes Mr. Teague should send a letter to Mr. Nelson stating the CID will address any solution which is engineered and approved by the county; to which the Board was in concurrence. TWELFTH ORDER OF BUSINESS Supervisors' Requests There being no requests from Supervisors, the next item followed. THIRTEENTH ORDER OF BUSINESS Audience Comments • Mrs. Kungle wanted to know if anything in the Intent Resolution can be changed prior to being advertised. ➢ The community will provide any input or suggestions for changes during the public hearing in January. • Mr. Bissell may not attend the December meeting. ➢ He asked that two packages be sent to him, one for his home in POI and the other to Wisconsin. • A Resident asked where the new water treatment plant is being built. ➢ It is being built on the vacant ground between the existing water and wastewater plants. FOURTEENTH ORDER OF BUSINESS Approval of October 31, 2009 Financial Statements and Check Register Mr. Teague presented the October 31, 2009 Financial Statements and Check Register for the Board's review and approval; a copy of which is attached hereto and made part of the public record. • This is the first set of financials for the new Fiscal Year. • Mrs. Dillon asked for a status on the vacant parcels. ➢ They have not yet been purchased. Tuesday, 12/8/09 @ 10:24 a.m. 22 November 20, 2009 Port of the Islands C.I.D. ➢ These parcels will go through the tax certificate process which Mr. Cox addressed earlier in the meeting. • Mr. Ziko asked about the delinquent water bills. ➢ Staff is still working through these. ➢ Mr. Ziko recommends putting a lien on the one in the amount of $13,048.80. There being no further discussion, On MOTION by Mrs. Dillon seconded by Mr. Ziko with all in favor, the October 31, 2009 Financial Statements and Check Register were approved. FIFTEENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Bissell seconded by Mrs. Dillon, the meeting was adjourned. SQ&X.c40\5`,“\\ \ Calvin Teague Dale Lambert Secretary Chairman Tuesday, 12/8/09 @ 10:24 a.m. 23