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Minutes 03/18/2011 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 May 5, 2011 Memorandum To: Mr. Robert Dick Severn Trent Services, Inc. 5726 Corporation Circle Fort Myers, Florida 33905 Reference: Minutes of Meeting Held March 18, 2011 and Approved April 15, 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. Cc: For informational purposes only: Mr. Daniel Tripaldi Treasury Accountant Clerk of the Circuit Court RECEIVED 2671 Airport Road Court Plaza III MAY 1 0 2011 Naples, Florida 34112-3016 C F INANC 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 Friday, March 18, 2011 at 10:00 a.m. at the Orchid Cove Clubhouse; 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 Robert Casey Field Manager Bert Underwood Project Manager Anthony Davis Orchid Cove HOA Jean Kungle POI Realty Randolph Besch Resident George Cramer Resident W. Hogan Resident Marie K. Resident Pat K. Resident Kathryn Kehlmeier Resident Tom Mack Resident David Molberg Resident The following is a summary of the discussions and actions taken at the March 18, 2011 Port of the Islands Community Improvement District's Board of Supervisors Meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Teague called the meeting to order and called the roll. Wednesday,4/6/11 @ 8:33 a.m. March 18, 2011 Port of the Islands CID SECOND ORDER OF BUSINESS Approval of Minutes of the February 18,2011 Meeting Mr. Teague stated each Board member received a copy of the Minutes of the February 18, 2011 Meeting and requested any additions, corrections or deletions. • On Page 5, the first bullet should state; Any additional required ERCs must first be purchased from the available CID ERCs. • On Page 6 under Item D, the statement, Mr. Lambert discussed the sidewalks should be part of New Business. • On Page 12 in the first bullet, area should replace CID. 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 February 18, 2011 Meeting were approved as amended. THIRD ORDER OF BUSINESS Audience Comments Mr. Molberg discussed a controlled burn which is going to take place. • It was set up by the 10,000 Islands National Wildlife Refuge. • It will take place on the property located on the south side of U.S. 41 to the east of the condominium buildings. • They are going to use an incendiary device from helicopters to do the burn. • This will be done 500 feet from the condominiums. • They are awaiting a permit to do this. • They will give residents approximately one week's notice. • It may not actually be done this year. • Mrs. Dillon pointed out that it should be done during the rainy season. FOURTH ORDER OF BUSINESS Old Business A. Discussion of Big Cypress Lodge Developers Agreement The agreement was presented to the developer, but no response has been received, positive or negative. B. Review of Landscape Maintenance Performance Mr. Custer and Mr. Underwood did the first walk-through this past Monday and found it to be informative and proceeded to discuss recommendations. Wednesday,4/6/11 @ 8:33 a.m. 2 March 18, 2011 Port of the Islands CID • The area around the pump station on the west side of the canal is messy and needs to be cleaned up. ➢ The vegetation on the inside of the fence needs to be removed and replaced with a layer of shell rock or some other suitable material over the entire area to prevent further weed growth. ➢ The CID must maintain this area since it has an easement here. ➢ Although this was not included in Soto's original contract, it will be included now. ➢ There are many trees hanging over and Palm Trees which require trimming outside of the fence area. ➢ Vegetation needs to be removed from the front of the gate and replaced with shell rock. ➢ No Trespassing and other hazard signs need to be posted on the fence on all four sides. • Several dead trees need to be removed. • The Oak and Mahogany Trees need to be trimmed and thinned out. • The Palm Trees need to be trimmed before they bloom. ➢ Mr. Underwood will ensure these are trimmed. • The following estimates were presented by Soto's Lawn Service, Inc.; copies of which are attached hereto and made part of the public record: ➢ Estimate #862 in the amount of $535 for replacement of dead Hibiscus with Silver Buttonwood Hedges at Newport Drive; o Mr. Custer recommends holding off on this one until next month to determine whether or not Silver Buttonwood is drought-resistant; to which the Board was in agreement. ➢ Estimate #859 in the amount of$500 for removal of dead Palm Trees at Cays Drive and Newport Drive; ➢ Estimate #861 in the amount of$45 for trimming of hard wood trees; ➢ Estimate #860 in the amount of$18 for trimming of Palm Trees over 15 feet(per tree). • There are numerous Fire Ant mounds which need to be eradicated. Wednesday,4/6/11 @ 8:33 a.m. 3 March 18, 2011 Port of the Islands CID • Mr. Lambert indicated the pumping station which is adjacent to the weir should be maintained by Severn Trent Services. ➢ Any signage in this area should be posted by Severn Trent Services. ➢ Mr. Underwood indicated he will take care of the signage. ➢ Mr. Teague reminded the Board that Soto maintains inside the fence at the water and wastewater treatment plant. • Mr. Underwood will clarify with Mr. Soto whether or not a permit is required and if any mitigation is required for removal of the trees. There being no further discussion, On MOTION by Mrs. Dillon seconded by Mr. Custer with all in favor, Estimate #859 in the amount of $500 for removal of dead Palm Trees at Cays and Newport Drives; Estimate #860 in the amount of $18 per tree for trimming of Palm Trees over 15 feet; and Estimate #861 in the amount of$45 for trimming and lifting of hard wood trees by Soto's Lawn Service, Inc. were approved and Mr. Underwood was authorized to execute said estimates. • Mr. Lambert asked Mr. Underwood to investigate the pump station and determine what areas Severn Trent Services is responsible for cleaning; as well as what needs to be done to clear the area around the fence on the outside. ➢ A decision will be made at the next meeting based upon this investigation. C. Update of Orchid Cove Agreement for Acceptance of Utilities Mr. Teague distributed a copy of the Maintenance Agreement and Grant of Easement with Orchid Cove which Mr. Cox prepared; a copy of which is 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 Maintenance Agreement and Grant of Easement with Orchid Cove at Port of the Islands Condominium Association, Inc. was approved; and the Chairman was authorized to execute said agreement. Wednesday,4/6/11 @ 8:33 a.m. 4 March 18, 2011 Port of the Islands CID FIFTH ORDER OF BUSINESS New Business A. Consideration of Expansion of 2011 Backflow Preventer Installations - Mr. Frank Branch of Severn Trent Environmental Services did an investigation. • There is no cost savings to install them all in one year. • There is a six percent increase in purchase of the device over the next year. • The Board was in agreement to adhere to the current schedule, in which 100 will be installed in 2011. B. Discussion of Landscaping Seminar for the Community Mr. Custer conducted this seminar. • He indicated a number of people participated and it was a good learning experience. SIXTH ORDER OF BUSINESS District Manager's Report Mr. Teague discussed sidewalk repairs. • Mr. Teague and Mr. Lambert are in the process of seeking contractors in order to get more than one quote. • Mr. Lambert knows a resident who works for a sidewalk contractor. ➢ He will obtain a quote and send it to Mr. Teague. ➢ Mr. Lambert indicated the gentleman can only do the work if there is 200 feet or more of sidewalk to be repaired. ➢ Mr. Lambert recalls he is probably going to charge between $5 and $5.50 per square foot. There being no further discussion, On MOTION by Mr. Bissell seconded by Mr. Custer with all in favor, Mr. Teague and Mr. Lambert were authorized to engage the services of a sidewalk contractor to repair the sidewalks in an amount not to exceed $7,000. Mr. Teague discussed the Stella Maris irrigation bill. • The Board wanted to know whether or not it was paid. • Mr. Teague did not have the opportunity to check on this, but will do so. Wednesday,4/6/11 @ 8:33 a.m. 5 March 18, 2011 Port of the Islands CID SEVENTH ORDER OF BUSINESS Field Manager's Report Mr. Underwood distributed the February 2011 Operations Report for discussion; a copy of which is attached hereto and made part of the public record. • The rotomesh had a failure. ➢ Some bearings failed on two wheels. ➢ One was replaced and another is on order. ➢ Mr. Underwood will ensure this is inspected and maintained on a regular basis. • Both Anoxic Mixers failed at the same time. ➢ The Collier County Health Department happened to conduct an inspection at the time this happened. ➢ There were no permit violations. ➢ The effluent limitations were met. ➢ Both are repaired. • Mr. Underwood is considering monitoring the power coming into the plant since there have been many different mechanical failures. • There was a three-hour power failure on the east side of POI last week. ➢ The power at the plant went out, but the generators kicked on and there were no problems. • The CID's maintenance responsibilities for Orchid Cove will commence as soon as the agreement is signed by both parties. EIGHTH ORDER OF BUSINESS Attorney's Report A. Update on North Hotel Bankruptcy Proceedings This item will be addressed during the Closed Executive Session. NINTH ORDER OF BUSINESS Engineer's Report A. Update on New Water Treatment Plant Mr. Benson distributed a Monthly Progress Report to the Board for discussion; a copy of which is attached hereto and made part of the public record. • The contractors have been working on obtaining the technical submittals, which includes detailed drawings and documents for the specific equipment to be purchased. Wednesday,4/6/11 @ 8:33 a.m. 6 March 18, 2011 Port of the Islands CID • There are currently 78 submittals on file. • The contractor applied for the building permit. • Mr. Benson is expecting a written list of items for which the county has questions shortly. • The contractor has done some clearing and grubbing at the north end of the site and installed a silt fence. B. Update on Relocation of Fiber Optic Line • The fiber optic issues with Century Link which were delaying construction of the storm water pond have been resolved. A. Update on New Water Treatment Plant (Continued) • ITT has not provided the necessary equipment yet, but Mr. Benson will follow up. ➢ ITT has not yet been paid as a result of this delay. ➢ Mr. Benson is not overly concerned since they do not have a storage facility available to store the equipment yet. • Mr. Benson believes they are still running on schedule for the most part. • Mr. Ziko asked Mr. Benson to provide an updated progress chart at the next meeting. Mrs. Dillon asked Mr. Benson to discuss the Hydro Guards in relation to the Big Cypress Agreement. • It was added to the agreement. • They have a set number of ERCs for the project. • The Board asked Mr. Benson to report on the need for Hydro Guards at Orchid Cove during the next meeting. TENTH ORDER OF BUSINESS Supervisors' Requests • Mr. Lambert asked Mr. Teague to ensure he receives copies of water plant project invoices. ➢ Mr. Benson will include Mr. Lambert on the copy list of every document they approve. ➢ Mr. Benson will send copies to Mr. Teague for forwarding to Mr. Lambert. Wednesday,4/6/11 @ 8:33 a.m. 7 March 18, 2011 Port of the Islands CID • Mr. Lambert believes Mr. Benson's staff should be able to proceed on small items in order to move forward, as opposed to presenting them to the Board. • Mrs. Dillon is not completely satisfied with the work done on Union Road. • Mrs. Dillon discussed the sign in the arch by the hotel. ➢ There appears to be a seam which is coming apart. ➢ She sent a note to Mr. Pepin and Lykins Signtek came out and looked at it. ➢ They did not see a problem. ➢ She asked that the other Board members look at the sign and give an opinion. ELEVENTH ORDER OF BUSINESS Audience Comments • A Resident asked Mr. Cox to summarize the North Hotel bankruptcy. ➢ There is a deadline of April 20th to complete discovery and file motions for a summary judgment. ➢ There will be a pre-trial conference on May 1st. ➢ If there is a trial, it should be over fairly quickly. ➢ The judge has expressed interest in completing this issue quickly. • Mr. Mack indicated that it appears the sign Mrs. Dillon is referring to came in two sections and were joined together. • Mr. Mack indicated that the three-inch plastic pipe near the weir may have to be covered and recommended that it be looked at. • Mr. Davis indicated that Chief McLaughlin has been approaching the HOAs with a request to label buildings according to the type of roof trusses on the home in accordance with a new Florida law. ➢ This is necessary in the event of a fire to direct the firefighters to handle the roof appropriately. • Mr. Davis discussed the fire hydrants in Orchid Cove. ➢ They are not painted the appropriate color for code purposes; and he is trying to determine whether the CID or the HOA should take care of painting them. ➢ A couple of the hydrants are in need of repair. Wednesday,4/6/11 @ 8:33 a.m. 8 March 18, 2011 Port of the Islands CID o The caps do not screw on. ➢ The pipe which connects the water line from the irrigation and the fire hydrants also needs to be painted the appropriate color by code. o The Board needs to determine whether this should be taken care of by the CID or the HOA. o Mr. Cox indicated the CID is not taking responsibility for the irrigation facilities. o Mr. Davis indicated this is not coming from the irrigation. • Mr. Davis discussed a backflow preventer which may have been unnecessarily installed; and he is asking the Board to determine who will remove it, if possible; to which Mr. Benson provided some information. ➢ The CID owns up to the meter. ➢ Mr. Davis is referring to the exposed part of the lines above ground; part of which is on the CID's side and needs to be painted purple. ➢ Mr. Benson confirmed that a backflow preventer was not necessary here. ➢ Mr. Custer indicated it should be Orchid Cove's responsibility since the CID is not taking over that part of the system; and suggested they can get a quote from Severn Trent Services to do the work. ➢ Mr. Custer reiterated that anything on their side of the meter is their responsibility on the non-potable side. ➢ Mr. Davis is asking that the option of removal is approved by county code enforcement. ➢ Mr. Cox clarified that the fire and irrigation lines are the property of Orchid Cove, with the CID taking over the potable water and the sewer systems. • Ms. Kungle indicated that the Fire District Board is in need of two volunteers, as there are only three members at this time. Wednesday,4/6/11 @ 8:33 a.m. 9 March 18, 2011 Port of the Islands CID TWELFTH ORDER OF BUSINESS Approval of February 28, 2011 Financial Statements and Check Register Mr. Ziko presented the February 28, 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. Mr. Bissell MOVED to approve the February 28, 2011 Financial Statements and Check Register. • Mr. Teague confirmed with Mrs. Dillon that only 73% of the taxes have been paid, which is typical. ➢ A large percentage of the tax base is commercial. • The CID is earning interest on the loan. • Mr. Lambert noticed two identical items on the check register from Hole Montes and asked Mr. Teague to check on it. ➢ Mr. Teague believes it was duplicated on the check register, but assured the Board it is impossible for it to be paid twice. ➢ Mr. Teague will clarify this. Mr. Lambert SECONDED the prior motion. There being no further discussion, On VOICE vote with all in favor, the February 28, 2011 Financial Statements and Check Register were approved. THIRTEENTH ORDER OF BUSINESS Adjournment The Board proceeded to go into a Closed Executive Session, which must be done via motion. There being no further discussion, On MOTION by Mrs. Dillon seconded by Mr. Custer with all in favor, the Board recessed and commenced a Closed Executive Session regarding the North Hotel Bankruptcy Proceedings at 11:42 a.m. Wednesday,4/6/11 @ 8:33 a.m. 10 March 18, 2011 Port of the Islands CID On MOTION by Mr. Bissell seconded by Mr. Custer with all in favor, the Executive Session regarding the North Hotel Bankruptcy Proceedings was closed at 11:59 a.m. There being no further discussion, On MOTION by Mrs. Dillon seconded by Mr. Custer with all in favor, the meeting was adjourned at 12:00 p.m. 7TZ-, jD Calvin Teague-- )' Richard Ziko Secretary Chairman Wednesday,4/6/11 @ 8:33 a.m. 1 1