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Minutes 07/20/2012Port 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 M (954) 345 -1292 Fax September 12, 2012 Memorandum To: Mr. Robert Dick Severn Trent Services, Inc. 5726 Corporation Circle Fort Myers, Florida 33905 Reference: Minutes of Meeting Held July 20, 2012 and Approved August 17, 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: s. Crystal Kinzel Director Clerk of the Circuit Court/Finance Department 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 AGENDA Port of the Islands Community Improvement District Friday Orchid Cove Clubhouse July 20, 2012 25005 Peacock Lane 10:00 a.m. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the June 15, 2012 Meeting 3. Audience Comments 4. Old Business A. Review of Landscape Maintenance Performance B. Discussion of Tree Trimming Proposal from Soto's Lawn Services C. Update on Well Problems and Retrofitting of Well #3 D. Consideration of Revised Management Services Contract E. Update on U.S. 41 Median Flooding 5. New Business A. Discussion of Proposals for Sandblasting and Painting of Buildings at POI Utility Site 6. District Manager's Report A. Update on Cap Reporting Format B. Discussion of R &M Expense Coding C. Approval of June 30, 2012 Financial Statements and Check Register D. Questions and Comments on Proposed Fiscal Year 2013 Budget 7. Field Manager's Report A. Discussion of June 2012 Operations Report PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT Meeting Agenda Friday, July 20, 2012 PAGE 2 $. Ratification of Letter of Understanding with Severn Trent Environmental Services, Inc. for Repair and Maintenance Budget Items With a 5% Mark- up C. Consideration of Work Authorization No. 43005 for Installation of Line Extended to Digester 8. Attorney's Report A. Update on North Hotel Bankruptcy Proceedings B. Update on Lot 45 Drainage Swale Agreement C. Update on-Sumet CayUtili'tyDedication Report 9. Engineer's Report A. Update on New Water Treatment Plant B. Update on Liquidated Damages from Myem Water Solutions USA (ITT Technologies) C. Discussion of Lot 45 Berm Damage 10. Supervisors' Requests 11. Audience Comments 12. Adjournment 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, July 20, 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 (Via Telephone) Charles Custer Assistant Secretary Theodore Bissell Assistant Secretary (Via Telephone) Also present were: Calvin Teague District Manager Daniel Cox District Counsel Ronald Benson District Engineer Robert Edge Lead Operator, Severn Trent Services Bert Underwood Severn Trent Services Operations Robert Migdal Severn Trent Services Operations Numerous Residents The following is a summary of the discussions and actions taken at the July 20, 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. + Mr. Teague asked the Board to authorize Mr. Lambert and Mr. Bissell to exercise their voting rights since they are attending via telephone. There being no comments or questions, Friday, 8/3/12 July 20, 2012 Port of the Islands CID On MOTION by Mrs. Dillon seconded by Mr. Custer with all in favor, Mr. Dale Lambert and Mr. Theodore Bissell were authorized to exercise their voting rights via telephone as discussed. SECOND ORDER OF BUSINESS Approval of the Minutes of the June 15, 2012 Meeting Mr. Ziko stated each Board member received a copy of the Minutes of the June 15, 2012 Meeting; requesting any additions, corrections or deletions. • The Board made several changes which will be incorporated into the amended minutes. • Mr. Bissell questioned whether or not the statement on Page 6, Line 185 is accurate; discussion ensued. ➢ Mr. Gasoway made a payment in June. ➢ The Board concurred Mr. Gasoway should bring his account to zero once he pays the July bill and the account should be current by September. There being no further discussion, On MOTION by Mr. Lambert seconded by Mrs. Dillon with all in favor, the Minutes of the June 15, 2012 Meeting were approved as amended. THIRD ORDER OF BUSINESS Audience Comments Hearing no comments from audience members, the next item followed. FOURTH ORDER OF BUSINESS Old Business A. Review of Landscape Maintenance Performance B. Discussion of Tree Trimming Proposal from Soto's Lawn Services Mrs. Dillon discussed the monthly -ride through inspection done with Mr. Edge; and distributed notes for the Board's information and discussion; a copy of which will be entered into the official record. Mr. Teague presented for the Board's review and approval an estimate from Soto's Lawn Service, Inc, in the amount of $2,475 to have Hardwood and Banyan Trees uplifted; a copy of which will be entered into the official record. • Uplifting refers to cleaning out and trimming from the middle of the trees. There being no further discussion, Friday, 8/3112 2 July 20, 2012 Pori of the Islands CID On MOTION by Mr. Custer seconded by Mrs. Dillon with all in favor, the estimate from Soto's Lawn Service, Inc. in the amount of $2,475 to have Hardwood and Banyan Trees uplifted was approved. C. Update on Well Problems and Retrofitting of Well #3 • The hydrogeologist and well fitter had to engage another company with a more powerful drill. ➢ The price will not increase; the work will likely be done early next week. • The pump repair company never sent a report outlining the cause of the broken shaft on one of the pumps. Mr. Benson's staff investigated and was unable to determine a conclusive cause for the break. C. Consideration of Revised Management Services Contract Mr. Teague presented the revised Management Services Contract with Severn Trent Services for the Board's review and approval; a copy of which will be entered into the official record. • On Page 8 in the first bullet, [annually] should be deleted. • Mr. Teague explained the fees. • Article b.2 was revised as requested. • The Fees under Exhibit B on Page 11 are additional to the annual contract fee. ➢ Mr. Cox suggested the District Manager's Hourly Rate be included in Exhibit B; to which the Board concurred. ➢ The rate will only be imposed for special services. There being no further discussion, On MOTION by Mrs. Dillon seconded by Mr. Custer with all in favor, the Agreement with Severn Trent Environmental Services, Inc. for Management Services was approved as amended. E. Update on U.S. 41 Median Flooding • Mrs. Dillon has not heard back from the DOT; she sent a -mails to management as well as Commissioner Donna Fiala. Friday, 8/3/12 3 July 20, 2012 Port of the Islands CID FIFTH ORDER OF BUSINESS New Business A. Discussion of Proposals for Sandblasting and Painting of Buildings at POI Utility Site • One contractor assessed the site, but has not submitted a proposal. • Mr. Edge will try to contact him and seek other proposals to be presented at the next meeting. SIXTH ORDER OF BUSINESS District Manager's Report A. Update on Cap Reporting Format Mr. Teague referred to Pages 28 and 29 of the current Financial Statements for discussion; a copy of which will be entered into the official record. • Mrs. Dillon suggested the last three items on Page 28 should be allocated as contingency costs relating to the new water treatment plant. ➢ This requires a requisition to the Trustee. • The Board is satisfied with the format and it will be included with the Financial Statements going forward. B. Discussion of R &M Expense Coding Mr. Teague presented an Expenditure Report for the Water and Sewer Fund for discussion; a copy of which will be entered into the official record. • Mrs. Dillon commented the fund appears to be under- funded, but may be adjusted at the end of the Fiscal Year. • Mr. Lambert will submit his comments when he returns. C. Approval of June 30, 2012 Financial Statements and Check Register Mr. Teague presented the June 30, 2012 Financial Statements and Check Register for the Board's review and approval; copies of which will be entered into the official record. • The last item on Page 28 represents time spent by Mr. Edge above and beyond his normal duties. • The expenditure for start -up chemicals on Page 10 was charged to the new water plant. There being no further discussion, On MOTION by Mrs. Dillon seconded by Mr. Custer with all in favor, the June 30, 2012 Financial Statements and Check Register were approved. Friday, 8/3112 4 July 20, 2012 Port of the Islands CID D. Questions and Comments on Proposed Fiscal Year 2013 Budget Mr. Teague presented the proposed Fiscal Year 2013 Budget for discussion; a copy of which will be entered into the official record. Mr. Alan Baldwin will attend the August meeting and Budget Public Hearing, as Mr. Teague will be on vacation. The Board addressed follow -up items with Mr. Teague. SEVENTH ORDER OF BUSINESS Field Manager's Report • Mr. Migdal assured Mr. Ziko the issue which caused low pressure two times over one weekend was resolved. A. Discussion of June 2012 Operations Report Mr. Edge presented the June 2012 Operations Report for discussion; a copy of which will be entered into the official record. • Mr. Bissell commented all of the fire hydrants in the community have rust stains; Mr. Edge will investigate and report back. • Mr. Edge has been consulting with Soto regarding the rain gauges. • The forklift is expected on Monday. • The mosquito spraying was done this morning. B. Ratification of Letter of Understanding with Severn Trent Environmental Services, Inc. for Repair and Maintenance Budget Items with a 5% Mark -Up The Letter of Understanding was presented for ratification; a copy of which will be entered into the official record. Severn Trent agreed to decrease the mark -up from 10% to 5 %. There being no further discussion, On MOTION by Mr. Custer seconded by Mrs. Dillon with all in favor, the updated Letter of Understanding with Severn Trent Environmental Services, Inc. for Repair and Maintenance Budget Items which was approved at the June meeting was ratified with a decrease in the mark -up from 10% to 5 %. C. Consideration of Work Authorization No. 43005 for Installation of Line Extended to Digester Mr. Edge presented Work Authorization No. 43005 for the Board's review and approval; a copy of which will be entered into the official record. Friday, 8/3/12 5 July 20, 2012 Port of the Islands CID • Mr. Benson sent an e-mail to Mr. Teague confirming he concurred to have this work done; a copy of which will be entered into the official record. Mrs. Dillon MOVED to approve Severn Trent Services Work Authorization No. 43005 authorizing installation of a four inch line extended to digester in the total amount of $3,735.15; and Mr. Custer seconded the motion. • Mr. Teague assured Mr. Bissell the labor will be done by Severn Trent personnel not currently under contract with the CID. • Mr. Lambert asked to see more detailed documentation on future Work Authorizations. ➢ Mr. Edge will provide a detailed breakdown of the fee schedule for this work. There being no further discussion, On VOICE vote with all in favor, the prior motion was approved. EIGHTH ORDER OF BUSINESS Attorney's Report A. Update on North Hotel Bankruptcy Proceedings • The Motion for Summary Judgment was held on June 26th; and the Judge asked each party to submit competing orders, but has not indicated how he is going to rule. • There will be a conference on or about August 25th. • Mr. Cox believes he submitted enough evidence to the Judge to have the case dismissed. • A discussion ensued regarding the procedure for tax certificates. B. Update on Lot 45 Drainage Swale Agreement • There are issues regarding the swale to be discussed under the Engineer's Report which will influence how Mr. Cox will proceed with the agreement. C. Update on Sunset Cay Utility Dedication Report • Mr. Cox has not received a response and will send another e-mail. Friday, 8/3/12 6 July 20, 2012 Port of the Islands CID NINTH ORDER OF BUSINESS Engineer's Report C. Discussion of Lot 45 Berm Damage • It appears the dock was constructed properly, and did not cut into the swale. • Mr. Ziko is concerned there may be blowouts, as it appears the berm is lower at the dock. • Mr. Benson commented the CID engineer does not provide any official approval on this issue; and the CID cannot be held responsible if something happens, which was confirmed by Mr. Cox. A. Update on New Water Treatment Plant Mr. Benson presented the Monthly Progress Report for discussion; a copy of which will be entered into the official record. • The asphalt pavement will be put down shortly at the north end; and landscaping is almost complete. B. Update on Liquidated Damages from Xlyem Water Solutions USA (ITT Technologies) • There continues to be equipment issues which are causing delays. • Mr. Benson's staff is gathering documentation which will be sent to Mr. Teague and Mr. Cox to prepare for a conference call prior to the next meeting to assess appropriate liquidated damages. • The CID is currently holding $163,000 of the contract amount until the issues are resolved. • The CID may have to go to mediation if this issue cannot be resolved amicably. The Board addressed miscellaneous issues with Mr. Benson. • Mr. Benson did the walk through with the Army Corps of Engineers staff after the last meeting. • Cardinal Contractors has not paid the Gun Club. TENTH ORDER OF BUSINESS Supervisors' Requests • Mr. Benson confirmed the CID is still under budget for the water treatment plant installation. • Mr. Custer commended the Gun Club for hosting the recent event in the community. Friday, 8/3/12 7 July 20, 2012 Port of the Islands CID ELEVENTH ORDER OF BUSINESS Audience Comments Hearing no comments from audience members, the next item followed. TWELFTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Custer seconded by Mrs. Dillon with all in favor, the meeting was adjourned at 12:12 p.m. ��GGS Charles Custer Assistant Secretary Friday, 8/3/12 8 Richard Chairman