Minutes 08/20/2010 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
`'
September 30, 2010
Memorandum To: Mr. Robert Dick
Severn Trent Services, Inc.
5726 Corporation Circle
Fort Myers, Florida 33905
Reference: Minutes of Meeting Held August 20, 2010 and Approved
September 17, 2010
From: Calvin Teague
District Manager
Enclosed for your records is a copy of the minutes of the above-referenced meeting of the Port of
the Islands Community Improvement District's Board of Supervisors: Please make these
documents 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 RECEIVED
Treasury Accountant OCT 18 1UlU
Clerk of the Circuit Court
2671 Airport Road FINANCE DEPT,
Court Plaza III
Naples, Florida 34112-3016
Mr. Leo Ochs, Jr.
Collier County Manager
Governmental Center
3301 East Tamiami Trail
Administration Building
Naples, Florida 34112
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 was held on Friday, August 20, 2010 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 (Via Telephone)
Charles Custer Assistant Secretary
Also present were:
Calvin Teague District Manager
Daniel Cox District Attorney
Ronald Benson District Engineer
Bert Underwood Project Manager
Jean Kungle POI Realty
Anthony Davis Resident
Frank Hawkins Resident
Tom Mack Resident
Yolanda DiBartolo Resident
Tom Weis Resident
The following is a summary of the discussions and actions taken at the August 20,
2010 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.
• Mr. Cox suggested the Board authorize Mr. Bissell to vote via telephone.
There being no comments or questions,
Wednesday,9/8/10 @ 10:49 a.m.
August 20, 2010 Port of the Islands C.I.D.
On MOTION by Mrs. Dillon seconded by Mr. Ziko with all in
favor, Mr. Theodore Bissell was authorized to exercise his voting
rights via telephone.
SECOND ORDER OF BUSINESS Approval of Minutes of the July 16, 2010
Meeting
Mr. Lambert stated each Board member received a copy of the Minutes of the July 16,
2010 meeting and requested any additions, corrections or deletions.
• On Page 3 in the second arrow, monuments should replace doors.
There being no further additions, corrections or deletions,
On MOTION by Mr. Custer seconded by Mrs. Dillon with all in
favor, the Minutes of the July 16, 2010 Meeting were approved as
amended.
THIRD ORDER OF BUSINESS Audience Comments
Mr. Hawkins presented a utility billing statement for the Sunset Cay Villas to discuss
errors; a copy of which is attached hereto and made part of the public record.
• • The irrigation was under-billed for two months resulting from an incorrect meter
• reading.
• The third bill reflected the correct meter reading, but was large and took him out
of Tier 1 and into Tiers 2, 3 and 4 billing, which he does not believe is correct.
• Mr. Underwood checked the meter and determined there was nothing wrong, but
appeared to reflect excessive usage.
• Mr. Hawkins contacted his landscaping company to ensure there were no
problems with the irrigation system; and they determined there were no problems.
• His sprinklers are run once per week, but previously increased it to two days
before the onset of the rainy season.
• They are billed automatically and have been posting late for a long time.
• There is a $500 deposit on all of the accounts within the association in order to
avoid late charges.
• Mr. Lambert commented on this issue.
➢ The checks need to get processed in a timely manner.
Wednesday,9/8/10 @ 10:49 a.m. 2
August 20, 2010 Port of the Islands C.I.D.
• Mr. Teague indicated a glitch in the program kicked the process back to 20 days
as opposed to 25 days.
➢ All affected residents were credited.
• Mr. Lambert believes there may be a problem in the way the program is
processing the information.
Mr. Hawkins presented a billing statement for the Lakes for water/sewer for discussion; a
copy of which is attached hereto and made part of the public record.
• The bill for water/sewer at the Lakes pool is usually small.
• One bill indicated nothing was used.
• The next bill calculated the time to the last payment back to the previous month
and charged a late fee, but Ms. Dominguez corrected it.
• Mr. Teague believes it relates back to the glitch in the program he just discussed.
• Mr. Custer recommends Severn Trent do an audit of all past utility bills.
• Mr. Teague reminded the Board the numbers are based on the information which
was indicated on the meter reading; and the program cannot reflect consumption.
• Mr. Benson provided input.
➢ The meter readings are recorded onto a program with a database which
stores information from previous months in order to subtract the readings
and post the appropriate amount to charge.
➢ He suggested staff do manual calculations on random bills or bills of
concern in order to determine whether or not there is a problem with the
program.
• Mr. Underwood is going to work with Mr. Teague and staff to investigate this
issue further to determine what is going on; and the results will be discussed at the
next meeting.
• Mr. Lambert also asked staff review the processing time.
• Mr. Custer asked that Mr. Teague contact Mr. and Mrs. Peyton with these results,
as they have been calling Severn Trent.
Mr. Weis discussed signage for boil water notices.
• Some residents do not leave POI everyday; and as a result, do not see the one sign
at the north end of Newport Drive.
Wednesday,9/8/10 @ 10:49 a.m. 3
August 20, 2010 Port of the Islands C.I.D.
• He suggested an e-mail blast or notification on the water bill.
➢ Staff has tried this in the past, but many residents still do not use e-mail or
they do not send their e-mail address.
• The other possible solution Mr. Weis suggested was to put up more signs along
the roads.
➢ Mr. Underwood will get more signs put up and is also looking into getting
boil water alerts posted on a radio or television broadcast.
➢ The community no longer has an internal cable station.
FOURTH ORDER OF BUSINESS Public Hearing to Adopt the Budget for
Fiscal Year 2011
Mr. Teague briefly summarized the proposed Fiscal Year 2011 Budget; a copy of which
is attached hereto and made part of the public record.
• Mr. Teague indicated the proposed budget is posted on the website.
• This budget reflects a sound financial plan which meets the community's needs.
• Assessments are remaining at the same level as they have been for the last couple
of years.
• Overall spending was reduced by $34,560 in the General Fund.
➢ This was predominantly because of the restructuring of the ERCs.
➢ The rate stayed the same.
• The General Fund comprises $63,819 in capital outlay.
• The District will carry over$848,885 in the fund balance.
• Revenues to expenses are balanced.
• There are no designated reserves with the exception of operating reserves, which
contains three months of cash.
• This budget includes the new water plant.
• The funds from the loan for the new water plant will be included in the General
Fund balance once it has been finalized.
• The net asset negative amount of$3,172,925 will be covered by the loan.
• The total net assets are still $7,696,000, most of which is not cash.
Wednesday,9/8/10 @ 10:49 a.m. 4
August 20, 2010 Port of the Islands C.I.D.
• Page 18 of the proposed budget represents a summary of everything anticipated
for overall capital improvements in the Water/Sewer Fund and includes the
following:
➢ The new water plant;
➢ Inspection services;
➢ Meter replacement;
➢ Surveillance monitoring;
➢ Spare parts;
➢ Equipment replacement;
➢ Fire hydrant repair and replacement;
➢ SCADA and control panel in the wastewater system
• There are no changes in the total assessments, as the amount for a hotel room,
condominium unit and single family are the same; and Mr. Cox commented
further.
➢ The assessments which would have been levied for the ERCs not budgeted
for will be booked against the ERCs along with the funds which were
repaid.
➢ This will be recorded by accounting and held as a receivable.
There being no further comments,
On MOTION by Mrs. Dillon seconded by Mr. Ziko with all in
I favor, the Public Hearing to consider the adoption of the Fiscal
Year 2011 Budget was opened at 9:46 a.m.
• Ms. Kungle asked if the CID is going to borrow $5.38 Million to build the water
plant as indicated under Debt Service in the Water and Sewer Fund.
➢ Mr. Cox indicated $5.38 Million is the maximum amount to be borrowed.
➢ Any remaining funds from the amount borrowed after the project is
complete will be used to immediately pay down the outstanding debt; after
which it will be allocated out as to how much each parcel has to pay.
➢ Mr. Benson will update the list as he gets final numbers on each portion of
the project.
Wednesday,9/8/10 @ 10:49 a.m. 5
August 20, 2010 Port of the Islands C.I.D.
• Ms. DiBartolo asked for an explanation of restructuring of the ERCs.
➢ There were properties which received no benefit because they are
considered non-developable.
➢ The county is not involved with this restructuring; nor do they contribute
financially.
➢ The county does contribute financially to the ERCs allocated to the marina
building.
➢ The owner of the marina pays for the ERCs allocated to the slips.
There being no further comments from the public,
On MOTION by Mrs. Dillon seconded by Mr. Ziko with all in
favor, the Public Hearing to consider adoption of the Fiscal Year
2011 Budget was closed at 9:51 a.m.
Mr. Lambert asked Board members and staff for any further comments on the proposed
Fiscal Year 2011 Budget.
• Mrs. Dillon clarified with Mr. Teague that the blanks of the Resolutions will be
filled in once the budget is approved; and the Board members will receive copies.
• Mr. Custer is pleased the CID was able to hold the expenses down.
A. Consideration of Resolution 2010-9 Adopting the Budget for
Fiscal Year 2011
Mr. Lambert presented Resolution 2010-9 adopting the Budget for Fiscal Year 2011 for
the Board's review and adoption; a copy of which is attached hereto and made part of the public
record.
There being no comments or questions,
On MOTION by Mr. Ziko seconded by Mrs. Dillon with all in
favor, Resolution 2010-9 Relating to the Annual Appropriations of
the District and Adopting the Budget for the Fiscal Year Beginning
October 1, 2010; and Ending September 30, 2011, and referencing
the Maintenance and Benefit Special Assessments to be Levied by
the District for Said Fiscal Year was adopted.
Wednesday,9/8/10 @ 10:49 a.m. 6
August 20, 2010 Port of the Islands C.I.D.
B. Consideration of Resolution 2010-10 Levying the Assessments for
Fiscal Year 2011
Mr. Lambert presented Resolution 2010-10 Levying the Assessments for Fiscal Year
2011 for the Board's review and adoption; a copy of which is attached hereto and made part of
the public record.
There being no comments or questions,
On MOTION by Mr. Ziko seconded by Mrs. Dillon with all in
favor, Resolution 2010-10 Levying and Imposing a Non Ad
Valorem Maintenance Special Assessment for the District for
Fiscal Year 2011 was adopted.
FIFTH ORDER OF BUSINESS Old Business
A. Update of Monument Repair and Landscaping
Mr. Custer and Mr. Underwood gave the update.
• Mr. Underwood examined the monuments, landscaping and lighting extensively.
➢ The additional landscaping was already approved and installed.
➢ The lighting is in the process.
• The monuments on both sides of the Newport Drive entrance belongs to the hotel;
and the west side belongs to the CID.
➢ Both monuments are in bad shape, but can be repaired.
• If the monuments require extensive repairs, they will have to be dismantled,
which requires a permit in order to be re-built to the current roofing standards.
➢ This is extremely expensive.
• Mr. Custer discussed different options.
➢ The Board can hire a handyman to put the loose tiles back in place and
hope they stay, which Mr. Custer is not in favor of.
➢ They can be completely re-built, but Mr. Custer is not in favor of this
either.
➢ Everything can be torn off and replaced with a permanent structure which
will look more modern and not require much maintenance.
➢ Replacement with tiles will not work because the understructure is rotten.
➢ Mr. Lambert asked for the hotel's input.
Wednesday,9/8/10 @ 10:49 a.m. 7
August 20, 2010 Port of the Islands C.I.D.
o They are willing to provide tiles.
o Mr. Custer and Mr. Underwood have not approached the hotel with
the new proposal because they wanted to get feedback from the
CID Board.
o Mrs. Dillon believes it would be prudent for the hotel to pay for
their half of the work.
➢ The option was discussed further.
o The prices come from Custer Construction, which is Mr. Custer's
son's business.
o Under the circumstances, Mr. Custer will not vote.
➢ Mr. Custer indicated the tall monument in the center which holds the
CID's sign has some broken and missing tiles, leaving it vulnerable to
further damage.
o Mr. Underwood has a bid for this repair as well.
• The Board held a lengthy discussion as to how these repairs should be done; after
which they determined it must be done.
• Mr. Cox suggested staff coordinate with hotel personnel at Sunstream before
proceeding.
• Most people use this entrance to enter the community; and it needs to look good.
• The Board is in favor of choosing one of the options presented by Mr. Custer and
Mr. Underwood and approaching Sunstream to ensure they want to participate;
and Mrs. Dillon suggested the following options:
➢ Repair the tiles on the tower where the sign is located;
➢ Install a small cap on the small and large monuments.
• Mrs. Dillon is not in favor of completely rebuilding the monuments as there may
be permit issues among other things; which may delay the process of getting this
done and escalate the cost for permits.
➢ The cost to repair and replace tiles on the arch is $2,106.
➢ The cost to install the cap on the side monuments and the middle
monument is approximately $5,500.
Wednesday,9/8/10 @ 10:49 a.m. 8
August 20, 2010 Port of the Islands C.I.D.
Mr. Bissell MOVED to approve allocation of$8,000 to repair and
replace tiles on the arch and install caps on the side monuments at
the entrance to Newport Cay as discussed; and Mrs. Dillon
seconded the motion.
➢ Mr. Ziko recommends the Board allocate the amount on the proposals, as
opposed to putting a limit.
o Mr. Teague reminded the Board that Mr. Custer is still going to try
to get the hotel to participate financially, which will bring down
the amount the CID will have to spend.
o Mr. Teague recommends amending the motion to approve in an
amount not to exceed $8,000.
o The Board agreed to amend it to $9,000.
o Mr. Lambert indicated the CID should pay the entire amount if the
hotel refuses to participate.
There being no further discussion,
On VOICE vote with Mr. Lambert, Mr. Ziko, Mrs. Dillon and Mr.
Bissell voting aye; and Mr. Custer abstaining from voting as
discussed, the prior motion was amended from a not to exceed
amount of$8,000 to a not to exceed amount of$9,000.
B. Discussion of Landscape Contract Issues
Mr. Custer led this discussion.
• The present contract is exceedingly complicated and needs to be simplified and
made more specific.
➢ Mr. Teague sent sample contracts to Mr. Custer from other communities
to do a comparison of what is expected.
➢ Mr. Custer suggested that Mr. Teague re-work Soto's contract based on
these samples.
• Mr. Benson provided a drawing of the community outlining the areas which are to
be maintained.
➢ Mr. Underwood will meet with Soto on Monday to review what they are
currently doing and not doing based on this drawing.
Wednesday,9/8/10 @ 10:49 a.m. 9
August 20, 2010 Port of the Islands C.I.D.
➢ The drawing will be given back to Mr. Benson's staff to amend as
discussed and agreed upon.
➢ Mr. Cox would like to look at this drawing to ensure it includes all of the
easements.
• Once Mr. Underwood meets with Mr. Soto, staff will compile a revised contract
with specifications, which will be ready for possible re-bidding in October or
November.
• Mr. Benson discussed his drawing.
➢ There are a couple of areas in which easements need to be added.
➢ There are some areas with easements in which the CID is electing not to
do landscaping.
• Mr. Custer asked that these items be complete for discussion at the next Board
meeting.
➢ Mr. Teague will put something together for Mr. Cox to look at with regard
to the easements.
➢ He will run it past Mr. Custer to ensure the specifications reflect
everything he believes should be included prior to presenting it to Mr.
Cox.
SIXTH ORDER OF BUSINESS New Business
There being no new business to discuss, the next item followed.
SEVENTH ORDER OF BUSINESS District Manager's Report
A. Meeting Schedule for Fiscal Year 2011
Mr. Teague presented the meeting schedule for Fiscal Year 2011 for the Board's review
and approval; a copy of which is attached hereto and made part of the public record.
There being no comments or questions,
On MOTION by Mrs. Dillon seconded by Mr. Ziko with all in
favor, the Fiscal Year 2011 Meeting Schedule was approved.
Wednesday,9/8/10 @ 10:49 a.m. 10
August 20, 2010 Port of the Islands C.I.D.
B. Update on Water Treatment Plant Financing Options
Mr. Teague distributed a summary of proposals from banks as well as an e-mail from Mr.
Bloom summarizing this information; a copy of which is attached hereto and made part of the
public record.
• Staff contacted eight different banks; and Mr. Teague presented two proposals for
the Board's consideration; and staff is waiting for a third proposal from
BankUnited.
• Mr. Teague proceeded to discuss the two proposals.
➢ BB&T and SunTrust are proposing a fixed rate of 3.51% for 10 years.
➢ BB&T attorney and underwriting fees are $5,200.
➢ SunTrust is charging a commitment fee of$2,500; and attorney fees of up
to $6,000.
➢ SunTrust will allow the CID to draw up to one year.
➢ The CID will get the full disbursement with BB&T.
o The CID will transfer this money into an interest-bearing account.
➢ The amortization schedule will be the same as with most loans, with an
interest payment in May and a principal and interest payment in
November.
➢ BB&T charges a prepayment penalty and SunTrust does not.
• Mr. Teague believes the loan will be closer to $4.5 Million, but it may be closer to
$5 Million, as opposed to $5.5 Million.
➢ The first draw can possibly be pushed to December or January since the
CID does have available cash.
• Mr. Benson discussed the payment process.
➢ The project will be bid this fall.
➢ The payment requests are very small during the first few months.
➢ Mr. Benson will send an estimated budget for each phase of the project to
Mr. Teague; and Severn Trent will determine how everything is paid out
based on the CID's cash flow.
• The Board is satisfied with the terms of either of the two proposals; and should
proceed as soon as possible.
Wednesday,9/8/10 @ 10:49 a.m. 11
August 20, 2010 Port of the Islands C.I.D.
• Mr. Cox has more experience in working with SunTrust than BB&T.
• Most banks typically hold the rate for 45 days.
• Mr. Ziko would like to wait until Mr. Teague receives the proposal from
BankUnited.
• Mr. Teague recommended the CID commence negotiations with SunTrust for a
10-year loan of up to $5 Million and authorize the commitment fee of $2,500
unless he receives a better proposal; at which time the Board can hold an
emergency meeting.
➢ Mr. Ziko recommended the CID borrow $5.5 Million since there is no
prepayment penalty.
o Mr. Cox agreed because the CID can take down the amount
necessary within one year.
o Any amount not drawn down can be prepaid.
There being no further discussion,
On MOTION by Mr. Ziko seconded by Mr. Custer with all in
favor, authorization of the District Manager to commence
negotiations with SunTrust Bank for a 10-year loan in the amount
of $5.5 Million to finance building of the new water plant; and
authorize payment of the commitment fee in the amount of$2,500
was approved, unless a better proposal is received; at which time
the Board can call an Emergency Meeting prior to the next Board
meeting.
C. Update on Delinquent Utility Bills
• An"I" on the report indicates an inactive status on several different issues.
➢ The water may have been shut off
➢ The building may have burnt down.
• An "F" on the report indicates it was finalized.
• Mr. Cox gave an overview.
➢ Any entries from zero to 120 relate to the old minimum utility billings
which were discontinued in 1998 and are uncollectible.
o These relate to the two commercial lots bordering Cays Drive.
Wednesday,9/8/10 @ 10:49 a.m. 12
August 20, 2010 Port of the Islands C.I.D.
o There is a seven-year statute of limitations on collecting the
monies owed.
o The properties have changed hands many times and the CID never
previously took any action.
• Mr. Lambert asked staff to mark off the ones which are deemed to be
uncollectible and revise the report for discussion at the next meeting.
➢ Mr. Teague reminded the Board this report does not indicate those which
were shut off.
• Mr. Ziko asked for a report showing which ones were shut off, which Mr. Teague
will prepare as a separate monthly report.
D. Update on Preserve Clean Up
E. Discussion of Littoral Plantings and Buffer Enhancement
Mr. Teague presented a price quote from EarthBalance for both of these items; a copy of
which is attached hereto and made part of the public record.
• The littoral planting costs $1,020.
• The buffer enhancement costs $1,075.
• The pre-planting maintenance costs $500.
• This work will be done around the ponds because the preserve area must be
maintained as a natural state.
• Mrs. Dillon asked that Port of the Isles be corrected to say Port of the Islands.
• The littoral planting is the only item which must be taken care of.
• Mr. Teague indicated that Soto will have to trim the Cord Grass once per year.
• Very little maintenance will be required once this is done.
• The Torpedo Grass will be removed as part of the pre-planting maintenance.
• EarthBalance already does the preserve maintenance and maintenance of the
monitoring wells.
Mr. Ziko MOVED to approve the price quote from EarthBalance
to do littoral planting in the amount of$1,020; buffer enhancement
in the amount of $1,075; and pre-planting maintenance in the
amount of$500; and Mrs. Dillon seconded the motion.
• The total cost for the entire project is $2,595.
Wednesday,9/8/10 @ 10:49 a.m. 13
August 20, 2010 Port of the Islands C.I.D.
There being no further discussion,
On VOICE vote with all in favor, the prior motion was approved.
• Mr. Teague will work with Mr. Underwood to coordinate this work.
Board members discussed miscellaneous issues with Mr. Teague.
• Mr. Lambert asked that Mr. Teague ensure the website is updated to include all
approved minutes as well as a project update on the water treatment plant project.
➢ Mr. Benson will prepare something for submission on the website.
• Mr. Lambert indicated the May minutes were the last ones posted on the website.
• Mrs. Dillon volunteered to look at the website on a regular basis.
EIGHTH ORDER OF BUSINESS Field Manager's Report
Mr. Underwood presented the August 2010 Operations Report for discussion; a copy of
which is attached hereto and made part of the public record.
• A boil water notice was issued on July 27`h
➢ It was lifted on July 30`h.
➢ Staff was installing a water meter at the water plant and the levels dropped
below 20 PSI for a few minutes, but it cannot drop to zero according to
state and federal rules.
➢ Staff isolated the meter and relied on the pneumatic tank to keep the
system pressurized.
➢ The valve leaked back and pressure was lost.
➢ Mr. Lambert asked that staff take into consideration the possibility of
isolating the valve for this work when the new water plant is being done.
o Mr. Benson confirmed this will be done, but there may be
situations in which it will be almost impossible to avoid decrease
of pressure.
• The water treatment plant produced and distributed 2.043 million gallons of
water, which is an average of 65,000 gallons per day.
• The amount of 1.523 million gallons of water was treated at the wastewater
treatment plant, which is an average of 49,000 gallons per day.
Wednesday,9/8/10 @ 10:49 a.m. 14
August 20, 2010 Port of the Islands C.I.D.
• The reuse system delivered 7.46 million gallons of water, at an average of
241,000 gallons per day.
• All permit requirements at the water and wastewater treatment plant have been
met.
• Staff did a routine maintenance and repaired some solenoid valves on the MBR
system.
• A new motor and control panel for the blower was purchased and installed at the
wastewater plant.
• An Anoxic Mixer was replaced.
• Parkson was on site to clean the MBR membranes and start the second part of
their evaluation of the membranes.
➢ Mr. Underwood believes their performance is in line with where it should
be.
➢ The operation is a lot better.
• Mrs. Dillon asked for an update on the effectiveness of the enhanced mosquito
spraying.
> The mixing ratios were changed.
> They made some changes recommended by the state.
> They have been taking data.
> Mr. Underwood believes the mosquito situation has gotten better.
> The Board is in agreement.
> Spraying is done very early in the morning, as this is the most active time
for the mosquitoes.
NINTH ORDER OF BUSINESS Attorney's Report
A. Report on Older Stella Maris Tax Certificates
• Everything was verified and processed through payables against the deferred
assessment ERCs.
• Mr. Teague confirmed it was paid.
• The approximate amount was $50,000 or $60,000.
Wednesday,9/8/10 @ 10:49 a.m. 15
August 20, 2010 Port of the Islands C.I.D.
B. Discussion of Bankrupt Properties and the Impact on the CID
• The hearing was held on July 20th and the validation order was entered without
any objection from the state.
• Mr. Cox sent the order in to be signed.
• There is a motion to deny the claim of the Collier County Tax Collector.
➢ This has to do with the 2009 Ordinance which was in effect to dissolve the
District.
➢ Mr. Cox spent a great deal of time at the validation hearing explaining to
the judge how the ordinance was invalid and that it was corrected as a
scriveners error.
➢ The judge agreed this had no effect on the existence of the District.
➢ The order in the validation hearing was worded to reflect this finding by
the judge.
➢ Mr. Cox expects they will prevail on the validity argument.
➢ If they do not prevail and proceed with challenging the assessments, Mr.
Cox suggested to the judge they will need to join all of the property
owners here because if they have to reduce the assessments on the North
Hotel, they will have to be increased on all of the other properties.
➢ If the motion is denied, Mr. Cox will file a motion to intervene on the
District's behalf.
➢ Mr. Cox recommends the Board authorize him to move forward with a
motion to intervene if necessary.
Mrs. Dillon MOVED to authorize Mr. Cox to proceed with a
motion to intervene on behalf of the District in the event the
validation order is denied regarding the bankruptcy issue; and the
District does not prevail due to disputes regarding the erroneous
ordinance; and Mr. Ziko seconded the motion.
• Mr. Ziko wants to know whether or not the District prevailing will allow the
county to issue a tax certificate.
Wednesday,9/8/10 @ 10:49 a.m. 16
August 20, 2010 Port of the Islands C.I.D.
➢ The county will probably not be able to issue a tax certificate even if the
District does prevail, since the District has not moved for relief from the
automatic stay, but there are three different courses of action to pursue.
o A Plan of Reorganization can be introduced which relies upon
outside funds to finance the owner to pay the obligation, allowing
the District to get paid.
o The bank holding the note on the property can move for relief from
Automatic Stay and proceed to foreclosure, mandating the bank to
pay since it is considered a superior lien before the banks.
o The District will automatically be paid if there is a contract to sell
the property.
There being no further discussion,
On VOICE vote with all in favor, the prior motion was approved.
C. Update on CID Logo Registration
• Everything has been submitted.
• They are awaiting a response from the state.
• Mr. Cox is hoping to get this to Mr. Teague in the next couple of weeks.
Mr. Cox discussed other miscellaneous issues.
• The CID does not have an easement on the properties on Cays Drive which have
the exotic plantings.
➢ If the Board is interested in pursuing this, Mr. Cox can send a letter to the
property owners in question to give the CID consent to pull out the exotic
plantings.
➢ Mrs. Dillon is not in favor of the CID spending money on private
property, but she is concerned these exotic plantings are going to spread.
➢ Mrs. Dillon asked that a friendly letter be sent to these homeowners
notifying them of the problems with these exotics and asking them to
voluntarily remove them.
➢ Mr. Custer believes the exotics were removed from the public lands
adjacent to those lots.
Wednesday,9/8/10 @ 10:49 a.m. 17
August 20, 2010 Port of the Islands C.I.D.
➢ They can still migrate.
➢ Upon further discussion, the Board decided not to send a letter as it may
be a waste of time.
The record reflects the Board recessed for a short period.
TENTH ORDER OF BUSINESS Engineer's Report
• Mr. Benson commented that the numbers from the Operations Report would be
used to support the application for the water use permit.
A. Update on New Water Treatment Plant
• Mr. Benson received the SDP from Collier County.
• The design is proceeding to the final stage which will allow bidding of the
construction of the building and utilities.
• The designers are working with ITT, which is the supplier of the membrane
system and all of the other equipment.
• There will be a change order which will not increase the contract amount, but
shift the funds around for purchase of equipment and supplies which was not part
of the original contract.
➢ This can be handled administratively and does not require Board approval
unless it increases the contract.
• The stormwater management contractor has started moving the water line.
➢ He cannot dig the pond until the fiber optic cable is moved.
➢ The cable belongs to Century Links and they are being told to move it to
the edge of CID property.
➢ Mr. Cox sent them a letter and he is awaiting a response.
➢ The affected retention pond is not critical to the entire project.
• Mr. Benson asked the stormwater management contractor to provide a quote to do
a short section of effluent pipe going from the future location of the water plant
tank to the wetlands pipe.
• The perimeter for the pond which requires a DEP permit was staked out and the
permit has been received.
Mr. Benson discussed other miscellaneous issues.
Wednesday,9/8/10 @ 10:49 a.m. 18
•
August 20, 2010 Port of the Islands C.I.D.
• Mr. Benson has been in contact with Parkson a number of times over the last
month regarding the testing which was done three months ago which showed no
excess build-up on the membranes over an extended period of time between
chemical cleanings of the membrane which caused some of the problems the CID
experienced in the past.
➢ It appears Parkson has been successful in making the improvements to the
system.
➢ The pressure build-up rate was slight.
➢ They are doing second cycle tests after the cleanings to ensure it is
working successfully.
➢ There is an agreement with Parkson for them to do three testing cycles to
ensure everything has been resolved.
• The anticipated date to award the bid to construct the water plant is sometime
before the end of the calendar year.
• Mr. Benson and the Board held a lengthy discussion about various issues
regarding the new water plant.
• The Gun Club agreement is completely signed off, but copies need to be sent to
the Board.
ELEVENTH ORDER OF BUSINESS Supervisors' Requests
Mr. Custer discussed the CID's authority to get grass mowed at private residences which
are in foreclosure, which was questioned by a resident who had to leave the meeting.
• Mrs. Dillon indicated the individual must call Code Enforcement.
• Code Enforcement will not have this taken care of until the grass is 18 inches
high.
TWELFTH ORDER OF BUSINESS Audience Comments
Mr. Davis wants to know which entity is responsible for irrigation on the conservation
area on the east side of Union Road.
• There is a lot of broken irrigation piping which is sticking up out of the ground.
• He is interested in trying to get this area cleaned up and properly irrigated.
➢ Mr. Benson indicated this area is the responsibility of the HOA.
Wednesday,9/8/10 @ 10:49 a.m. 19
August 20, 2010 Port of the Islands C.I.D.
➢ It is definitely not in the purview of the CID, as the developer would have
indicated this on the permit.
➢ Mr. Benson indicated the area within the first 10 to 15 feet from the edge
of the pavement is the CID's responsibility.
➢ Mrs. Dillon indicated a conservation area should not be irrigated.
➢ The irrigation pipes are small.
➢ Mr. Benson suggested Collier County be contacted since they issued the
site development plan.
➢ Mr. Benson asked Mr. Davis to contact him and he will give him the
contact information for RWA, the engineer who did the project.
• Mr. Custer does not believe there is any irrigation in the center of the area and it
may be something to consider since it is the CID's responsibility to maintain.
➢ There are many different issues associated with this.
➢ Mr. Benson suggested waiting for the road to get re-paved before putting
in a new system.
• Mr. Bissell reminded everyone that Orchid Cove cut the pipe when they put up
their monument on the west side of Union Road by U.S. 41.
➢ New piping will have to be installed in this area.
THIRTEENTH ORDER OF BUSINESS Approval of July 31, 2010 Financial
Statements and Check Register
Mr. Teague presented the July 31, 2010 Financial Statements and Check Register for the
Board's review and approval; copies of which are attached hereto and made part of the public
record.
• Mrs. Dillon wants to know if the CID installed all 100 backflow preventers which
was indicated on the Check Register on Page 9.
➢ Mr. Underwood clarified all of the work was done.
• A Footnote 5 is shown on Page 10, but there are only Footnotes 1, 2 and 3.
• On Page 12, the Project Status of W-13 indicated it was combined with W-12, but
there is no W-12 on this spreadsheet.
➢ Mr. Teague believes it should have been combined with W-14.
Wednesday,9/8/10 @ 10:49 a.m. 20
August 20, 2010 Port of the Islands C.I.D.
➢ Mr. Benson believes W-12 may have gotten eliminated and moved to W-
13.
There being no further discussion,
On MOTION by Mr. Ziko seconded by Mrs. Dillon with all in
favor, the July 31, 2010 Financial Statements and Check Register
were approved as presented and discussed.
FOURTEENTH ORDER OF BUSINESS Adjournment
• Mr. Lambert discussed the possibility of continuing this meeting as opposed to
adjourning it in case there are issues with the loan, as discussed earlier.
➢ Mr. Cox does not believe this is necessary.
➢ If a meeting becomes necessary, the Board can schedule a special meeting
10 days prior, which is considered reasonable notice.
There being no further business,
On MOTION by Mrs. Dillon seconded by Mr. Ziko with all in
favor, the meeting was adjourned at 1:15 p.m.
Calvin Teague Dale ambert
Secretary Chairman
Wednesday,9/8/10 @ 10:49 a.m. 21