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Minutes 06/15/2012 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 u July 30,2012 BY Memorandum To: Mr. Robert Dick Severn Trent Services,Inc. 5726 Corporation Circle Fort Myers,Florida 33905 Reference: Minutes of Meeting Held June 15, 2012 and Approved July 20, 2012 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 this document available for public access during normal business hours. If you have any questions,please contact Janice Swade at(954)753-5841. Cc: For informational purposes only: .22f___ _____ Fiala Hilr i s. Crystal Kinzel Henning //: Director Coyle Clerk of the Circuit Court/Finance Department Colette -AM 3299 Tamiami Trail East Suite 403 Naples,Florida 34112-5746 Mr.Leo Ochs, Jr. Collier County Manager 3299 Tamiami Trail East Suite 202 Naples,Florida 34112 s: Date: ‘c \c=■\\ 1-. Item#:ALA \Vs'b Copies to: • • REVISED AGENDA Port of the Islands Community Improvement District Friday Orchid Cove Clubhouse June 15, 2012 25005 Peacock Lane 10:00 a.m. Naples,Florida 1. Roll Call 2. Approval of the Minutes of the May 18,2012 Meeting 3. Presentation by Ms. Janet Starns of the South Florida Water Management District Regarding Revisions to the Fahka Union Canal A. Audience Comments 4. Old Business A. Review of Landscape Maintenance Performance B. Discussion of Tree Trimming Proposal from Soto Lawn Services C. Update on Well Problems D. Discussion of Revised Management Services Contract 5. New Business A. Discussion of Repairs to Gun Club Property During Construction of the New Water Treatment Plant B. Discussion of U.S. 41 Median Flooding 6. District Manager's Report A. Approval of May 31,2012 Financial Statements and Check Register B. Questions and Comments on Proposed Fiscal Year 2013 Budget 7. Field Manager's Report A. Discussion of May 2012 Operations Report B. Consideration of Letter of Understanding with Severn Trent Environmental Services,Inc. for Repair and Maintenance Budget Items • 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, June 15, 2012 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 Charles Custer Assistant Secretary Theodore Bissell Assistant Secretary Also present were: Calvin Teague District Manager Daniel Cox District Counsel Ronald Benson District Engineer Robert Dick Severn Trent Services Robert Casey Field Manager, Severn Trent Services Robert Edge Lead Operator, Severn Trent Services Robert Migdal Severn Trent Services Janet Starns South Florida Water Management District Lacy Shaw U.S. Army Corps of Engineers Ron Gilbert POI Realty Jean Kungle POI Realty Anthony Davis Orchid Cove HOA Kevin McPeal Orchid Cove Resident Randolph Resch Orchid Cove Resident Frank Hawkins Sunset Cay Resident The following is a summary of the discussions and actions taken at the June 15, 2012 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. Friday,7/6/12 June 15,2012 Port of the Islands CID SECOND ORDER OF BUSINESS Approval of the Minutes of the May 18,2012 Meeting Mr. Ziko stated each Board member received a copy of the Minutes of the May 18, 2012 Meeting;requesting any additions,corrections or deletions. • On Page 3, Line 90,from the surface should be deleted. • On Page 8, Line 252,Master Association should replace Lakes Board. There being no further additions,corrections or deletions, On MOTION by Mrs. Dillon seconded by Mr. Bissell with all in favor, the Minutes of the May 18, 2012 Meeting were approved as amended. THIRD ORDER OF BUSINESS Presentation by Ms. Janet Starns of the South Florida Water Management District Regarding Revisions to the Fahka Union Canal Ms. Janet Starns of the South Florida Water Management District and Ms. Lacy Shaw of the U.S.Army Corps of Engineers introduced themselves. • Three large pump stations are going to be built; two of which are already under construction. • Approximately 260 miles of roadway in the Picayune Strand over what was known as the Southern Golden Gate Estates will be removed in order to prevent water from flowing south. • The water flow in the Fahka Union Canal will be reduced significantly. • The restoration will promote connectivity of the habitat areas and wetland systems. • This project was authorized and funded by both the federal and state governments. • Minimal geotechnical boring will commence next week. • The flow from the canal will be significantly reduced. • They propose to move the Fahka Union Weir north of the complex as a preferred alternative to ease the impact on these areas. Friday,7/6/12 2 • June 15,2012 Port of the Islands CID ➢ This weir has the CID's backup pumps for fire protection; Ms. Shaw assured the Board they will provide fire protection when the weir is relocated. ➢ A proposal will be presented to the CID, which will be reviewed by Mr. Benson. ➢ The preferred alternative will be outlined on a NEPA document (National Environmental Policy Act), which will be released for public review; after which a public meeting will be held. A recommendation will be sent to the Army Corps of Engineers; a Record of Decision will be issued. ➢ Once the Record of Decision is issued, they are anticipating construction will commence by the end of next summer which is also the end of their 2013 Fiscal Year. • One of the main purposes of this project is to provide clean and warm water for the manatees, as this area contains the second largest manatee refugium in Southwest Florida. • The lake will transform from fresh water to tidal water with possible fluctuations in the depth. • Surveying will commence in two weeks, with one survey conducted on the basin to determine the exact depth. • The weir is proposed to extend to the north end of Orchid Cove north of the fence line. This may change depending on engineering studies results. ➢ The purpose of this is to eliminate the volume of fresh water in the lake. ➢ A hydrographic survey will be conducted within the next two weeks on Orchid Cove property in the submerged area to determine the bottom elevation of the lake. ➢ The goal is to change the geographic extent of the refugium to a smaller area to be fed fresh water. • They cannot plug the east/west canals and operate two pump stations until the manatee mitigation and POI protection measures are put into place. • The third pump station is currently scheduled to go to construction next year. Friday,7/6/12 3 June 15,2012 Port of the Islands CID • The Fahka Union and Merritt Canals are expected to be operational by fall 2014 if the current schedule is maintained. • Mr. Cox will provide the Board a basic outline of the NEPA process. A. Audience Comments Residents asked several questions and commented on this project. • There will be a community meeting this fall to discuss in further detail. • The documentation from the presentation will be posted on the website. • The Board concurred and voiced support for the concerns expressed by Orchid Cove. The record reflects the Board recessed for five minutes. FOURTH ORDER OF BUSINESS Old Business A. Review of Landscape Maintenance Performance Soto's Lawn Service did not provide a report this month. • Mr. Edge discussed his recent ride-through with Mr. Soto. ➢ Mr. Edge asked Mr. Soto to show him areas for which repair invoices were sent. ➢ Mr. Edge will ensure the rain gauges controlling the irrigation timers are working properly. B. Discussion of Tree Trimming Proposal from Soto's Lawn Service The Board discussed a tree trimming proposal from Soto's Lawn Service, Inc. in the amount of$2,475; a copy of which will be entered into the official record. • Mr. Custer looked at the trees in question and believes none of them need to be trimmed with the exception of a couple of low hanging branches on six trees. • The proposal includes uplift of Banyan Trees in the amount of$450. ➢ Mrs. Dillon is not aware the CID has any Banyan Trees; Mr. Custer believes Mr. Soto may be confusing this item with something else. ➢ The contract mandates trimming up to 12 feet. ➢ The Board believes the corrected proposal should not exceed$500. Friday,7/6/12 4 June 15,2012 Port of the Islands CID ➢ Mr. Edge was asked to speak to Mr. Soto regarding trimming of the low hanging branches; ask him to point out the location of the Banyan Trees; and bring a revised proposal to the next meeting for consideration. C. Update on Well Problems • RMA GeoLogic Consultants commenced the well retrofitting work which the Board authorized at the last meeting. • They are returning with the appropriate tool to drill a stainless steel area which was too thick for the drill they are currently using. Mr. Ziko asked for a status of the forklift purchase. • Mr. Teague commented there were delays,but it was ordered with 50% down this past Monday and is expected to arrive soon. D. Discussion of Revised Management Services Contract The Board discussed the revised management services contract; a copy of which will be entered into the official record. • Mrs. Dillon noted a cost discrepancy between the General Fund and Water & Sewer Fund. ➢ It refers to the same contract,but the Board can make it inclusive. • Mr. Ziko reminded Mr. Teague the Board agreed to remove utility billing from the proposed budget since it will be part of the operations agreement. ➢ Mr. Teague commented this can only be done at the Budget Public Hearing. • The draft is similar to the current contract,but the services are better defined. • The cost to compile and mail the agenda packages is separate from the contract. • Mr. Cox reviewed the contract and accepts the legal terms with a minor change in wording. The content of the contract needs to be reviewed by the Board. ➢ Page 8 the first bullet(annually)should be deleted. • Mr. Lambert does not believe the Board is ready to approve this contract, however several Board members disagreed. Mr. Custer MOVED to accept the terms of the Agreement with Severn Trent Environmental Services, Inc. for Management Services. Friday,7/6/12 5 June 15,2012 Port of the Islands CID There being no SECOND,the prior motion was rejected. • This item was tabled to the next meeting. • Mr. Teague will e-mail the Board a new draft to review before the next meeting. FIFTH ORDER OF BUSINESS New Business A. Discussion of Repairs to Gun Club Property During Construction of the New Water Treatment Plant • Hole Montes representatives met with Cardinal Contractors and Mr. Gasoway. • Cardinal Contractors accepted responsibility for costs to repair the drain and replace the sod in the amount of approximately $2,200, but the payment has not been received to date. • Cardinal Contractors is aware of additional repairs needed to the berm. • Mr. Ziko commented Mr. Gasoway has not paid his water bill. ➢ The new meter was installed approximately six weeks ago and the meter was read twice. ➢ Mr. Edge will tell Mr. Gasoway the current bill must be paid immediately; and each bill thereafter must be paid by the due date. B. Discussion of U.S. 41 Median Flooding • Mrs. Dillon has not heard from the state regarding a request to receive a grant to alleviate the flooding. SIXTH ORDER OF BUSINESS District Manager's Report A. Approval of May 31,2012 Financial Statements and Check Register Mr. Teague presented the May 31, 2012 Financial Statements and Check Register for the Board's review and approval; copies of which will be entered into the official record. • The CID is ahead with collections compared to last year. • Mr. Lambert confirmed all tax certificates were sold, with the exception of the Motwani property. • Major irrigation repairs were done which may have caused the three R&M items under Water-Sewer Comb. Services to be over budget. ➢ Mr. Teague will ensure all the items were properly allocated. Friday,7/6/12 6 • June 15,2012 Port of the Islands CID ➢ Mr. Lambert suggested creating a spreadsheet dedicated to R&M and broken down by activity and the relationship of expenses to budget and cap amounts. ➢ Mr. Teague will prepare a spreadsheet which will be reviewed by Mr. Lambert for consideration to be part of next month's financials. • The item on Page 14 which refers to Xylem Water Solutions USA is the new corporate name for ITT Technologies. • All R&M expenses should be reviewed to ensure none of the new water treatment plant expenses were included. There being no further discussion, On MOTION by Mr. Lambert seconded by Mr. Bissell with all in favor, the May 31, 2012 Financial Statements and Check Register were approved. B. Questions and Comments on Proposed Fiscal Year 2013 Budget • Mr. Ziko's comments regarding the R&M expenses will be noted; with the change to be reflected at the Budget Public Hearing. • Assessments cannot be increased at this point, but line items can be increased or reallocated. SEVENTH ORDER OF BUSINESS Field Manager's Report A. Discussion of May 2012 Operations Report Mr. Edge distributed the May 2012 Operations Report for discussion; a copy of which will be entered into the official record. • A water softener will not be needed once the new water treatment plant is fully operational. • Mr. Custer commented the light bulb on the east-facing entrance sign at Newport needs to be replaced. • Mr. Edge continues to investigate ongoing rotomesh issues. ➢ Major repairs were done to prevent the chain from falling off. ➢ Mr. Edge will contact the manufacturer for further assistance if the major repairs fail. Friday,7/6/12 7 June 15,2012 Port of the Islands CID • Mr. Benson assured the Board Xlyem Water Solutions USA (ITT Technologies) has been repairing all items which were installed incorrectly. • The Board commented the mosquitoes have been well under control. B. Consideration of Letter of Understanding with Severn Trent Environmental Services,Inc. for Repair and Maintenance Budget Items Mr. Edge presented the Letter of Understanding with Severn Trent Environmental Services, Inc. for Repair and Maintenance Budget Items for the Board's review and approval; a copy of which will be entered into the official record. • The Board is not in favor of the 10%mark-up. ➢ The FDEP requires significant water quality testing, which is separate from the base contract. ➢ The mark-up covers all administrative work associated with processing invoices and test results. ➢ Mr. Cox suggested itemizing the costs. ➢ The Board recommended negotiating the mark-up to 5%, which Mr. Dick will present to Mr. Gardner. There being no further discussion, On MOTION by Mr. Lambert seconded by Mr. Bissell with all in favor, the Letter of Understanding with Severn Trent Environmental Services, Inc. for Repair and Maintenance Budget Items was approved contingent upon Severn Trent's acceptance of a reduced mark-up from 10%to 5%. EIGHTH ORDER OF BUSINESS Attorney's Report A. Update on North Hotel Bankruptcy Proceedings • The Motion for Summary Judgment is scheduled for June 26`h • Mr. Cox hopes there are only minor issues remaining if the Motion is passed; and suggested there may be an Executive Session next month to discuss further strategies. • Mr. Cox suggested the possibility of offering Mr. Motwani a settlement in the amount of$5,000 to avoid further legal expenses on both sides. B. Update on Lot 45 Drainage Swale Agreement • Mr. Cox will have a final resolution next month. Friday,7/6/12 8 June 15,2012 Port of the Islands CID • The owner cut the berm when he installed a dock and walkway; and Mr. Ziko asked Mr. Benson to investigate. C. Update on Sunset Cay Utility Dedication Report • The new Master Association President believes each Association President needs to sign off on the final agreement; and Mr. Cox is waiting for a list. • This dedication should in place by the time the CID's new budget is implemented. NINTH ORDER OF BUSINESS Engineer's Report • Army Corps of Engineers representatives asked Mr. Benson to accompany them on a walk-through of areas of the community which will be affected by the Picayune Strand project after this meeting is adjourned. A. Update on New Water Treatment Plant Mr. Benson distributed the Monthly Progress Report for discussion; a copy of which will be entered into the official record. • The water plant is on line. • All DEP certifications were received. • Activities relating to demolition of the old plant will commence late next week. ➢ Site work including excavation and paving will be done once the old plant is demolished. ➢ All trees and shrubs required by Collier County will be planted. • Mr. Benson discussed payments made to date to the contractors involved with the project. B. Discussion of Liquidated Damages from Xlyem Water Solutions USA (ITT Technologies) • Mr. Benson, Mr. Teague and Mr. Cox will meet with ITT representatives to determine the costs and will report back to the Board at the next meeting. TENTH ORDER OF BUSINESS Supervisors' Requests • Mr. Lambert and Mr. Bissell will attend the next meeting via phone. ➢ The remaining Board members must attend in person. ➢ Mr. Bissell's agenda package will be sent to Wisconsin. ➢ Mr. Lambert's agenda package will be sent to his home. Friday,7/6/12 9 June 15, 2012 Port of the Islands CID • Mr. Teague will confirm whether or not the letter was sent to Mr. and Mrs. Reagan regarding the leak at the lift station which was addressed at the last meeting. • Mr. Benson confirmed the hydrogeologist did not charge extra to look at and provide an estimate to retrofit the wells. • Mr. Benson confirmed there will not be an implosion when the old plant is demolished; some items will be salvaged. • An increase in the insurance premium on the new water plant will depend on the level of coverage provided. • The Gun Club is having a community party on July 4th at 4:00 p.m. • The Board concurred they would like estimates on painting and sandblasting some of the older buildings. ELEVENTH ORDER OF BUSINESS Audience Comments • A Resident will provide Mr. Cox a list of Sunset Cay Associations as requested earlier in the meeting. • A Resident commented on preservation of the lake regarding the Picayune Strand Project. TWELFTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Bissell seconded by Mr. Custer with all in favor,the meeting was adjourned at 1:10 p.m. Calvin Teague Richard Ziko Secretary Chairman Friday,7/6/I2 10 June 15,2012 Port of the Islands CID • An increase in the insurance premium on the new water plant will depend on the level of coverage provided. • The Gun Club is having a community party on July 4`1 at 4:00 p.m. • The Board concurred they would like estimates on painting and sandblasting some of the older buildings. ELEVENTH ORDER OF BUSINESS Audience Comments • A Resident will provide Mr. Cox a list of Sunset Cay Associations as requested earlier in the meeting. • A Resident commented on preservation of the lake regarding the Picayune Strand Project. TWELFTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Bissell seconded by Mr. Custer with all in favor, the meeting was adjourned at 1:10 p.m. 1 /(18 (17 Calvin Teague Richard Ziko Secretary Chairman Friday,7/6/12 10 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT Meeting Agenda Friday,June 15,2012 PAGE 2 8. Attorney's Report A. Update on North Hotel Bankruptcy Proceedings • B. Update on Lot 45 Drainage Swale Agreement C. Update on Sunset Cay Utility Dedication Report 9. Engineer's Report A. Update on New Water Treatment Plant B. Discussion of Liquidated Damages from ITT 10. Supervisors' Requests 11. Audience Comments 12. Adjournment