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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