Minutes 02/18/2011 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
April 1, 2011
Memorandum To: Mr. Robert Dick
Severn Trent Services, Inc.
5726 Corporation Circle
Fort Myers, Florida 33905
Reference: Minutes of Meeting Held February 18, 2011 and Approved
March 18, 2011
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 be sure to make
these documents available for public access during normal business hours.
If you have any questions, please contact Janice Swade at (954) 753-5841.
C : For informational purposes only:
Mr. Daniel Tripaldi
Treasury Accountant
Clerk of the Circuit Court
2671 Airport Road
Court Plaza III
Naples, Florida 34112-3016 RECEIVED
Mr. Leo Ochs, Jr. APR 0 6 2011
Collier County Manager Governmental Center FINANCE
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 Friday, February 18, 2011 at 10:00 a.m. at the Orchid Cove
Community Center; 25005 Peacock Lane;Naples, Florida.
Present and constituting a quorum were:
Richard Ziko Chairman
Norine Dillon Vice Chairperson
Dale Lambert 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
Roy Carter Severn Trent Environmental Services
Robert Soto Soto's Lawn Service, Inc.
Anthony Davis Orchid Cove HOA
Sam Marchand Orchid Cove
Jean Kungle POI Realty
Kathryn Kehlmeier Resident
Tom Mack Resident
Other Residents
The following is a summary of the discussions and actions taken at the February 18,
2011 Port of the Islands Community Improvement District's Board of Supervisors Meeting.
FIRST ORDER OF BUSINESS Roll Call
Mr. Ziko called the meeting to order and Mr. Teague called the roll.
Tuesday,3/8/11 @ 4:31 p.m.
February 18, 2011 Port of the Islands C.I.D.
SECOND ORDER OF BUSINESS Approval of Minutes of the
January 21, 2011 Meeting
Mr. Ziko stated each Board member received a copy of the Minutes of the January 21,
2011 Meeting and requested any additions, corrections or deletions.
• On Page 2 in the third bullet under the THIRD ORDER OF BUSINESS, County
Fire District should replace CID.
• On Page 9 in the first arrow, after conclusion of litigation should replace via court
order.
• On Page 13 in the second arrow under the first bullet, construction should replace
other companies.
• On Page 13 in the tenth arrow under the first bullet, Hole Montes honors the
should replace All; established should replace are dictated; and for engineering
services should be inserted at the end of the sentence.
• On Page 13 in the last arrow under the first bullet, an should replace no; and who
works for Hole Montes should be inserted at the end of the sentence.
There being no further additions, corrections or deletions,
On MOTION by Mr. Bissell seconded by Mrs. Dillon with all in
favor, the Minutes of the January 21, 2011 Meeting were approved
as amended.
THIRD ORDER OF BUSINESS Audience Comments
Mr. Robert Soto of Soto's Lawn Service, Inc. discussed the District's landscaping needs.
• Spring pruning will be done shortly to allow the plants damaged by frost to grow
back; although some plants may have been permanently damaged.
• Mr. Soto and a Board member will drive around the property once per month to
inspect everything in order to give estimates for some of the different work which
needs to be done.
• Mr. Soto will e-mail the maintenance schedule to the Board and staff members
involved.
• The monthly inspection schedule was discussed further.
A Board member will do the inspection for three months; after which it
will be rotated to another Board member.
Tuesday,3/8/11 @ 4:31 p.m. 2
February 18, 2011 Port of the Islands C.I.D.
➢ Mr. Custer will do the first three inspections.
➢ The inspection will be done the Monday before the Board meeting.
• Soto does not have a landscape architect on staff, but the service would be
subcontracted.
• Mr. Soto was encouraged to attend future Board meetings.
Mr. Davis discussed landscaping issues in Orchid Cove.
• The sign at Union Road and U.S. 41 is covered by shrubbery.
➢ Mr. Soto believes this may be a trimming issue.
• Mr. Davis thanked staff for the work done on the medians.
FOURTH ORDER OF BUSINESS Old Business
A. Discussion of Engineering Inspection/Project Management
Agreement
Mr. Teague gave a brief introduction of the agreement; a copy of which is attached hereto
and made part of the public record.
• Although the agreement was approved at the last meeting, the Board wanted it
brought back to this meeting for further clarification and discussion.
• Contract administration, project management and inspection services are
necessary for the new water treatment plant.
• Mr. Benson presented a proposal at the last meeting for those services, which the
Chairman was authorized to execute.
• Mr. Benson came up with a proposal in an amount not to exceed $325,000.
• No major difficulties in the work are anticipated.
• The language of the contract is standard in nature.
• The contract administration fee is a lump sum amount of$150,000 which will be
invoiced at$12,500 per month for 12 months.
• The pre-construction conference took place.
• The contract has a liquidated damages clause in the amount of$800 per day if the
contractor is at fault for being late; part of which will go toward anything extra
which Hole Montes will have to bill the CID.
Tuesday,3/8/11 @ 4:31 p.m. 3
February 18, 2011 Port of the Islands C.I.D.
B. Discussion of Big Cypress Lodge Developers Agreement
Mr. Cox presented the Development Agreement with Retreat at Port of the Islands, LLC
for the Board's review and approval; a copy of which is attached hereto and made part of the
public record.
• Mr. Cox would like the Board to review prior to having the other party review.
• Retreat at Port of the Islands will pay the deferred assessment amount of
$119,328.88 as stated in Item F.
• They will pay the assessments from the moment they execute the contract.
• Mr. Lambert would like to put a timeframe on the validity of the agreement in the
event they delay execution.
➢ Mr. Ziko indicated he will not execute the agreement until the other party
does so.
➢ A deadline of August 1, 2011 can be added as part of item F since the new
tax bills come out as of August 31, 2011.
• Exhibit A still needs to be added.
• Mr. Ziko wants to ensure they relocate the existing potable water distribution
main as soon as the agreement is executed.
• Collier County already approved the sidewalks.
• Paragraph 4 should be removed, as it is not necessary.
• Mr. Ziko wants to ensure the CID is not responsible for installing Hydroguard
water flushing devices after the fact.
➢ Mr. Benson will speak to Mr. Hermanson at Hole Montes, as he may be
able to include this on his plans.
• Mr. Carter believes the line replacement may be able to be done without having to
shut off the water.
• Mr. Benson clarified there is a certified design as indicated in Paragraph 6.
➢ It is not the CID's responsibility to approve the design.
• The certification will come from the DEP.
• Collier County requires a Utility Availability Letter as well as a Utility
Engineering Review Letter, both of which will be done by Mr. Benson.
• The ERCs should be purchased as soon as the agreement is assigned.
Tuesday,3/8/11 @ 4:31 p.m. 4
February 18, 2011 Port of the Islands C.I.D.
• Any additional required ERCs must first be purchased from the available CID ERCs.
• The amount of 51 ERCs shown on the drawing should be deleted.
• The last sentence in Paragraph 17 should be deleted.
• Any reference to 2008 or 2010 on the last page should be changed to 2011.
• Mr. Ziko insists upon the agreements being signed by Retreat at Port of the
Islands, LLC first.
• Mrs. Dillon believes they may come back with changes to this agreement as well.
• Mr. Cox will present the revised agreement to Retreat at Port of the Islands, LLC
prior to the next meeting; after which it will be presented to the Board for
approval once they sign.
C. Discussion of Landscaping Plans for Newport Drive
• Mr. Custer met with SFWMD and found they had a three-year program for giving
grants to communities wanting to convert landscaping to more eco-friendly and
drought resistant plants, which ended December 2010.
• They are offering the District a similar program which is free of charge.
➢ They offered to make a presentation.
➢ Mr. Custer would like to come up with a group of interested residents to
take part in this meeting.
➢ Mr. Custer has been seeking someone from the community with landscape
architecture designation presently or in the past.
o Mr. Gary Eichler, who manages the R&R Fishing & Tour
Company offered to assist.
o He has a great deal of design/build experience.
➢ Mrs. Dillon suggested a seminar can be held after the March Board
meeting.
➢ Mrs. Dillon does not believe all of the landscaping should be removed and
replaced, as this will be expensive.
➢ Mr. Benson indicated that Hole Montes is a licensed landscape
architecture firm.
➢ Ms. Kehlmeier indicated this landscaping can be done over a period of
five years.
Tuesday,3/8/11 @ 4:31 p.m. 5
February 18, 2011 Port of the Islands C.I.D.
➢ A master plan will be developed for presentation.
> Mr. Custer suggested that replacing much of the lawn with plants may
save approximately 20% to 30% on landscaping costs which would have
been spent on mowing and pesticide applications.
• A resident from Sunset Cay offered to inform residents in his HOA about the
seminar, as their landscaping bills are high.
• Mr. Ziko indicated the seminar will have to be incorporated with the CID meeting
since several Board members expressed interest in attending.
➢ Mr. Teague suggested the seminar can take place without violating
Sunshine Laws if it is strictly informational.
➢ Mr. Ziko suggested the seminar can take place prior to adjournment.
➢ It can also be done separately and advertised as a workshop.
• Mr. Custer will contact SFWMD and confirm their availability with Mr. Teague.
D. Update of Orchid Cove Agreement for Acceptance of Utilities
• The agreement is still pending and will be deferred to the next meeting.
> The CID will not accept maintenance of the sidewalks.
➢ The CID will accept maintenance of the water and sewer lines; pavement
repairs; and mosquito spraying.
➢ The CID will also pay for the electricity associated with the street lights,
but not for maintenance of the poles.
FIFTH ORDER OF BUSINESS New Business
Mr. Lambert discussed the sidewalks.
• Mr. Lambert did a walk-through of Cays Drive on the east side of the canal to
identify areas which may require replacement due to deterioration.
➢ There are sections which are cracked in half, but are not considered
tripping hazards since the elevation has not changed.
➢ The Board needs to consider which entity should pay for replacement:
o The CID;
o The homeowner if the repair takes place in front of the home;
o The individual HOAs.
➢ The sidewalks are owned by the CID.
Tuesday,3/8/11 @ 4:31 p.m. 6
February 18, 2011 Port of the Islands C.I.D.
➢ Mr. Benson can provide a specification and bid form to solicit contractors
if the Board decides to proceed.
o The approximate cost is $200 per section measuring five by five
from joint to joint.
o The contractor may have to obtain a building permit depending on
the size of the project.
➢ Mr. Lambert will do an inspection and present a recommendation for the
Board's consideration at the next meeting; and Mr. Teague will seek a
contractor and pricing.
o Anything with a tripping hazard exceeding one-half inch should be
repaired or replaced.
o Anything less than one-half inch should only be addressed if a
resident files a complaint and identifies it as a tripping hazard.
FIFTH ORDER OF BUSINESS New Business
A. Consideration of Expansion of 2011 Backflow Preventer Installations
This item will be deferred to the next meeting since Mr. Teague is still waiting for
information.
• There is no timeframe issue since the DEP has already accepted the program.
SIXTH ORDER OF BUSINESS District Manager's Report
• Mr. Lambert wants to know how the South Hotel payment to the CID is identified
in the Financial Statements.
➢ Mr. Teague suspects the payment may not have made it onto the current
Financial Statements.
➢ Mr. Teague will discuss with accounting.
• Mr. Teague will check whether or not special arrangements were made to ensure
the outstanding Stella Maris Master Association irrigation bill was paid, per Mr.
Lambert's request.
• Mr. Lambert asked for an explanation of an item for South Florida Excavation in
the amount of$18,000.
➢ Mr. Teague and Mr. Benson clarified this was for the road in which they
cut out and replaced the asphalt.
Tuesday,3/8/11 @ 4:31 p.m. 7
February 18,2011 Port of the Islands C.I.D.
SEVENTH ORDER OF BUSINESS Field Manager's Report
Mr. Carter distributed the January 2011 Operations Report for discussion; a copy of
which is attached hereto and made part of the public record.
• It was determined that the check valve was bad, which may be the reason the
water loss report was not good.
➢ Staff is working on getting a new check valve for this location.
➢ The check valve is six inches in diameter.
• The reuse system was discussed.
➢ The average included water from the wells, but not from the canal pumps.
➢ The water should not be recirculating back into the system, and some
adjustments need to be made.
➢ This needs to be adjusted in order to avoid salt intrusion.
• The irrigation leaks were repaired.
• The flow meter which was ordered on December 1st came in yesterday.
• The telephone bills have been reduced.
➢ The CID was being charged for two additional telephone lines no one
knew about for several years.
• The new telephone line to the water plant was completed yesterday.
➢ The splicing is in a large hole which was dug at Union Road.
➢ The other one will be inside the tower vault.
• The backflow preventers were discussed.
➢ Mr. Lambert wants to confirm whether or not the handles are to be taken
off of the valve on the line side in order to maintain pressure.
➢ Mr. Carter would like a meter valve to be installed below to shut off the
appropriate side of the backflow preventer to avoid any future problems.
➢ This will save $2 to $3 per backflow preventer installation on the cost of
the valve.
➢ Mr. Benson indicated that DEP and Collier County do not accept this in
their details and recommends the CID have the work done in conjunction
with the county.
Tuesday,3/8/11 @ 4:31 p.m. 8
February 18, 2011 Port of the Islands C.I.D.
> Mr. Teague will confirm with Mr. Underwood that the valve handle will
be removed prior to residents going back north next month.
• Staff is still waiting on a quote for the MBR repair on the spare pump.
EIGHTH ORDER OF BUSINESS Attorney's Report
A. Update on North Hotel Bankruptcy Proceedings
• The Judge granted a partial Notice to Dismiss, but they have the option to file an
amended complaint.
• Mr. Cox filed an answer to the complaint yesterday.
• Mr. Cox compiled a large amount of documents from Severn Trent Services.
• Mr. Cox explained the partial Notice to Dismiss.
> The county, Mr. Cox and the Tax Collector each filed a Notice to Dismiss.
> The judge granted it to the county only.
• He is still waiting for a few more documents and the motions should be argued in
the next couple of months.
• This issue is separate from Mr. Motwani's personal bankruptcy.
• A Tax Certificate cannot be issued until the bankruptcy is resolved.
• A brief Executive Session may be necessary to discuss detail of the CID's
liabilities and strategy to proceed.
The CID versus CDD issue was briefly discussed.
• Mr. Cox does not consider it a priority at this time.
NINTH ORDER OF BUSINESS Engineer's Report
• Mr. Benson commented that staff at the water and wastewater plant continues to
do a good job.
A. Update on New Water Treatment Plant •
Mr. Benson distributed the Monthly Progress Report for discussion; a copy of which is
attached hereto and made part of the public record.
• A Pre-Construction meeting was held.
• ITT is in the process of finalizing all submittals required for the treatment
equipment.
• The delay in the work on the storm water pond is not delaying any construction at
this time.
Tuesday,3/8/11 @ 4:31 p.m. 9
February 18, 2011 Port of the Islands C.I.D.
• Cardinal should have submitted for the building permit.
• Mr. Migdal has not received any information from ITT for the SCADA System.
➢ Some of the information Mr. Migdal is asking for is usually not ready at
this stage in the project.
➢ The SCADA is the last item to be built and will not be installed until
November or December 2011.
➢ Mr. Lambert would like to get a better idea of the SCADA cost in order to
ensure the project does not go over budget in the event other issues arise.
C. Discussion of Increase in Sludge Disposal Costs
Mr. Benson presented an Analysis of Sludge Hauling at POI from 2007 through 2010 for
discussion; a copy of which is attached hereto and made part of the public record.
• His estimate indicated the plant should be producing an average of approximately
less than four wet tons of sludge per month or approximately 11,000 gallons of
liquid sludge per month for the entire year.
➢ These numbers may fluctuate from month to month.
➢ The amount of water in the sludge will determine the number of gallons,
which will also determine the price.
➢ The most consistent number is the weight after the water is taken out.
• There are no other alternatives.
• The Board was in agreement that Severn Trent should prepare a Work
Authorization to install a new decant system.
A. Update on New Water Treatment Plant (Continued)
• Cardinal's performance bond has been recorded.
B. Update on Relocation of Fiber Optic Line
• The fiber optics line is incomplete; and Century Link has not provided a
completion date.
TENTH ORDER OF BUSINESS Supervisors' Requests
Mr. Bissell commenced a discussion regarding the meeting location.
• Mr. Bissell recommended that the remaining CID meetings be held at the Orchid
Cove Community Center.
There being no further discussion,
Tuesday,3/8/11 @ 4:31 p.m. 10
February 18, 2011 Port of the Islands C.I.D.
On MOTION by Mrs. Dillon seconded by Mr. Bissell with all in
favor, a change in the meeting location from the Egret Room to the
Orchid Cove Community Center for the remaining Fiscal Year
2011 Board Meetings to be held on the third Friday of each month
commencing in April was approved.
• Mr. Ziko commented that this location is much nicer than the previous one.
• The price per meeting at the Orchid Cove Community Center is $50.
➢ Mr. Ziko recommended an increase to $100.
➢ There is no written contract at this time.
➢ There is a coffeemaker available.
➢ Payment in the amount of$150 for the months of January, February and
March were made.
Mr. Bissell MOVED to approve an increase in the cost for use of
the Orchid Cove Community Center for the monthly CID Board
meetings from $50 to $100 per month commencing January 1, ,
2011.
There being no SECOND to the prior motion, the motion failed to
pass.
• The CID will continue to pay $50 per month for use of the Orchid Cove
Community Center.
• The remaining meetings will be moved to the Orchid Cove Community Center.
Mr. Bissell MOVED to approve an increase in the cost for use of
the Orchid Cove Community Center for the monthly CID Board
meetings from $50 to $100 per month commencing April 1, 2011;
and Mr. Ziko seconded the motion.
Upon further discussion,
On VOICE vote with Mr. Ziko and Mr. Bissell voting aye; and
Mrs. Dillon, Mr. Lambert and Mr. Custer voting nay, the prior
motion failed.
Tuesday,3/8/11 @ 4:31 p.m. 1
February 18,2011 Port of the Islands C.I.D.
ELEVENTH ORDER OF BUSINESS Audience Comments
• Ms. Kungle indicated the name of one of the businesses in the area is changing to
Lagoon.
➢ It is under new ownership.
TWELFTH ORDER OF BUSINESS Approval of January 31, 2011 Financial
Statements and Check Register
Mr. Teague presented the January 31, 2011 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.
There being no comments or questions,
On MOTION by Mr. Bissell seconded by Mr. Lambert with all in
favor, the January 31, 2011 Financial Statements and Check
Register were approved.
THIRTEENTH ORDER OF BUSINESS Adjournment
There being no further business,
On MOTION by Mr. Lambert seconded by Mr. Bissell with all in
favor, the meeting was adjourned at 12:45 p.m.
le- (.1
Calvin Tea (� Richard C. o
Secretary Chairman
Tuesday,3/8/11 @ 4:31 p.m. 12