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Minutes 12/21/2012Port 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 — (954) 345 -1292 Fax January 31, 2013 Memorandum To: Mr. Robert Dick Severn Trent Services, Inc. 5911 Country Lakes Road Fort Myers, Florida 33905 Reference: Minutes of Meeting Held December 21, 2012 and Approved January 18, 2013 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: / 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 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, December 21, 2012 at 10:00 a.m. at the Orchid Cove Clubhouse; 25005 Peacock Lane; Naples, Florida 34114. Present and constituting a quorum were: Norine Dillon Chairperson Theodore Bissell Vice Chairman Richard Ziko Assistant Secretary Charles Custer Assistant Secretary Dale Lambert Assistant Secretary Also present were: Calvin Teague District Manager Daniel Cox District Counsel Ronald Benson District Engineer Robert Dick Severn Trent Services Operations Robert Edge Lead Operator, Severn Trent Services Operations Jean Kungle POI Realty Anthony Davis Orchid Cove HOA Samantha Marchand Orchid Cove HOA Kathryn Kehlmeier Resident Dan Kelly Resident Randy Resch Resident Audrey Sanders Resident Tom Weis Resident The following is a summary of the discussions and actions taken at the December 21, 2012 Port of the Islands Community Improvement District's Board of Supervisors Meeting. FIRST ORDER OF BUSINESS Roll Call Mrs. Dillon called the meeting to order and Mr. Teague called the roll. Tuesday, 1/8/13 December 21, 2012 Port of the Islands CID SECOND ORDER OF BUSINESS Approval of the Minutes of the November 16, 2012 Meeting Mrs. Dillon stated each Board member received a copy of the Minutes of the November 16, 2012 Meeting; requesting any additions, corrections or deletions. • The Board made one minor change which will be incorporated into the amended minutes. • Specific conversations regarding membrane cleaning may be referred to by listening to the recording. There being no further additions, corrections or deletions, On MOTION by Mr. Custer seconded by Mr. Bissell with all in favor, the Minutes of the November 16, 2012 Meeting were approved as amended. THIRD ORDER OF BUSINESS Public Comment Period • Ms. Kathryn Kehlmeier thanked Mr. Edge and Mr. Dick for having the sign removed on Newport Drive. FOURTH ORDER OF BUSINESS Old Business A. Review of Landscape Maintenance Performance • There was no ride - through or report submitted for November, but Mr. Edge reported everything looks good. + Mr. Bissell commented the tree branch heights on Newport and Cays Drive are too low, with the worst one at the corner of Stella Maris South and Cays Drives. ➢ Mr. Edge will investigate and contact Soto. • There appear to be no issues with the irrigation timers. • Mr. Edge was reminded to speak to Soto regarding the lack of growth on the east end of the north side of U.S. 41. • Mr. Custer suggested the Board develop a long -term master landscaping plan. ➢ A landscape architect will likely be needed; and the Board can solicit proposals. B. Update on U.S. 41 Median Flooding • Mrs. Dillon has not received any further updates. Tuesday, 1/8/13 2 December 21, 2012 y r . Port of the Islands CID C. Update on Water Treatment Plant Open House for the Community • Ms, Kehlmeier confirmed 33 attendees so far. • The brochures were discussed. ➢ Mr. Teague was directed to ensure brochures were included with the January water bill. ➢ Ms. Marchand will post one in the kiosk at Orchid Cove. ➢ Brochures will be posted throughout the community and in the newsletter. • Mr. Cox is waiting to hear back from Mr. Holecek regarding parking. ➢ Mr. Holecek will be named as an additional insured party for that day only. • Handicapped parking will be allowed inside the fence. • Mr. Teague will arrange to have porta potties available, • Mr. Benson's staff is coordinating their efforts, including issuance of name tags. A. Review of Landscape Maintenance Performance (Continued) Mr. Cox presented the First Amendment to the Landscape Maintenance Contract for the Board's review and approval; a copy of which will be entered into the official record. • Mr. Cox prepared two versions: ➢ One will extend the contract term to December 31, 2013, which will lock the District into the current pricing through 2013; ➢ One will leave terms as they currently stand, but still give the District the right to terminate in 30 days. • The Board is in favor of extending the term to December 31, 2013. • The Board discussed landscaping around the new water treatment plant. There being no further discussion, On MOTION by Mr. Custer seconded by Mr. Ziko with all in favor, the First Amendment to the Landscape Maintenance Contract with Soto's Lawn Service, Inc. through December 2013 was approved. FIFTH ORDER OF BUSINESS New Business There being no new business, the next item followed. Tuesday, 1/8/13 3 December 21, 2012 Port of the Islands CID SIXTH ORDER OF BUSINESS District Manager's Report A. Approval of the November 30, 2012 Financial Statements and Check Register Mr. Teague presented the November 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 Auditors require Receivables to be logged as uncollectible. • The Board requested the maintenance contract with Severn Trent Services be consistent with the CID's fiscal year. • Mr. Teague will investigate the reason Mr. Claude Covino was refunded twice under the check register. • R &M -Waste Water Plant appears to be over budget. ➢ Some items should have been charged to the water plant. ➢ $13,000 will be removed from Cap. Outlay -Water Plant. There being no further discussion, On MOTION by Mr. Bissell seconded by Mr. Lambert with all in favor, the November 30, 2012 Financial Statements and Check Register were approved as discussed. B. Review of Delinquent Accounts • Robert Leak was a renter and a notification will not be applicable. ➢ Mrs. Dillon suggested a letter be sent to the owner. • Sunrise Cay II was taken care of. Mr. Teague addressed follow -up items. • The LCEC billing cycle should have been 9/15 -10/15 as opposed to 9/5- 10/15. • The bill for the irrigation is likely a CID expense. • The CCR. update is on the website. • Details regarding the new water plant are currently being finalized for posting on the website. SEVENTH ORDER OF BUSINESS Field Manager's Report A. Discussion of November 2012 Operations Report Mr. Edge presented the November 2012 Operations Report for discussion; a copy of which will be entered into the official record. Tuesday, 1/8/13 4 December 21, 2012 Port of the Islands CID • The meter boxes were installed and everything looks good. • The lights may have to be raised at the entrance sign, as the shrubs are covering them. • Soto should treat areas for Fire Ants. Mr. Teague presented Work Authorization No. 43213 to install a spare controller for the Board's review and approval; a copy of which will be entered into the official record. Mr. Ziko MOVED to approve Severn Trent Services Work Authorization No. 43213 for labor and materials necessary to install a spare controller at the new water plant in the amount of $4,904.68; and Mr. Lambert seconded the motion. Upon further discussion, On VOICE vote with all in favor, the prior motion was approved The Board addressed follow -up items. • Mrs. Dillon would like the Board updated regarding ongoing repairs on Well #2. ➢ Mr. Dick recommends the Board compare costs to replace the well pump as opposed to repairing it in the future. EIGHTH ORDER OF BUSINESS Attorney's Report A. Update on North Hotel Bankruptcy Proceedings • The Board will commence a closed Executive Session at the end of this meeting. B. Update on Lot 45 Drainage Swale Agreement There being no further update, the next item followed. C. Update on Sunset Cay Utility Dedication • Mr. Cox is still awaiting signatures from the Associations. • Responsibility for fire hydrants was discussed. ➢ The CID having responsibility for all fire hydrants throughout the community would be beneficial according to Mr. Benson. ➢ The current agreement does not authorize the CID to be. responsible for the fire hydrants. ➢ The CID already maintains hydrants on the right -of -way. Tuesday, 1/8/13 5 December 21, 2012 Port of the Islands CID > Any fire hydrants on private property shall not be maintained by the CID. ➢ The CID will maintain hydrants on its easement with Orchid Cove. > In conclusion, no fire hydrants in Sunset Cay will be maintained by the CID in order to remain consistent with current practice. NINTH ORDER OF BUSINESS Engineer's Report 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 water treatment plant is basically complete with the exception of a few items. ➢ The subcontractor for the fence will commence work on December 26`x'. ➢ The membranes were addressed. ■ ITT replaced the permanently damaged membranes on Skid One. ■ Skid Two was brought to "as new" condition once they were cleaned. ■ Mr. Benson discussed procedures to keep the membranes clean in the future. • Water softeners are no longer necessary. B. Update on Liquidated Damages from Xlyem Water Solutions USA (ITT Technologies) • All warranty items were taken care of. • ITT sent a final invoice dated November 29, 2012, which was forwarded to Mr. Cox who sent them a letter indicating it was incomplete. ➢ It was missing the requisite certifications indicating all of their suppliers were paid. ➢ The payment bond is missing the surety consent to release the funds. ➢ Their invoice is to be reduced to cover a 119 -day delay at $800 per day. • No payments will be authorized without the District Attorney's consent. • Cardinal Contractors has been paid most or all of their retainage. TENTH ORDER OF BUSINESS Supervisors' Requests • Mr. Bissell requested an itemized report of total expenditures for the new water plant once everything is complete. Tuesday, 1/8/13 6 December 21, 2012 Port of the Islands CID ELEVENTH ORDER OF BUSINESS Public Comment Period • Mr. Randy Resch spoke on behalf of the Orchid. Cove HOA Board requesting the CID maintain their hydrants. • Ms. Audrey Sanders was told the mosquito spraying season has been over since the end of the summer, but she is concerned there are many mosquitoes out in the evening. ➢ Mr. Edge will check this. • Ms. Sanders discussed the meeting Orchid Cove HOA had with the state. TENTH ORDER OF BUSINESS Supervisors' Requests (Continued) • Mr. Lambert is concerned the weir and pump moving project will impact building of the Sunstream high rise when it commences and asked Mr. Benson for feedback. ➢ Mr. Benson assured the Board the pump station may be moved if necessary. ➢ The fire protection system will be large enough to supply the entire community. • Mr. Custer read his letter of resignation effective December 28, 2012 into the record; a copy of which will be entered into the official record. ➢ He is moving out of the community. ➢ He will be available to assist the Board when possible. ➢ The Board will make the community aware of the vacancy. There are no legal requirements for advertising, but it will be posted on the website and in the newsletter. ➢ Renters may apply. There being no further discussion, On MOTION by Mr. Bissell seconded by Mr. Ziko with all in favor, Mr. Charles Custer's resignation as of December 28, 2012 was accepted with regrets. The remainder of this meeting was not recorded and is based solely on the District Manager's notes. Tuesday, 1/8/13 7 December 21, 2012 Port of the Islands CID EIGHTH ORDER OF BUSINESS Attorney's Report (Continued) A. Update on North Hotel Bankruptcy Proceedings (Continued) A motion to recess this meeting in order to go into Executive Session is in order. There being no comments or questions, On MOTION by Mr. Custer seconded by Mr. Lambert with all in favor, the meeting was recessed at 12:35 p.m. to commence the Executive Session regarding the North Hotel Bankruptcy Proceedings. A motion to reconvene the Open Session of the Board meeting is in order. There being no comments or questions, On MOTION by Mr. Lambert seconded by Mr. Custer with all in favor, the Open Session of the Regular Board Meeting was reconvened at 1:34 p.m. A memorandum referencing the North Hotel Settlement Proposal was presented for the Board's acceptance; a copy of which will be entered into the official record. There being no comments or questions, On MOTION by Mr. Bissell seconded by Mr. Lambert with all in favor, the North Hotel Settlement Proposal was accepted as presented. A motion to authorize payment of up to $5,000 for experts assembled for the bankruptcy litigation is in order. There being no comments or questions, On MOTION by Mr. Ziko seconded by Mr. Bissell with all in favor, authorization of payment up to $5,000 for experts assembled for the bankruptcy litigation was approved. A motion for a moratorium is in order. There being no comments or questions, Tuesday, 1/8/1.3 8 December 21, 2012 Port of the Islands CID On MOTION by Mr. Lambert seconded by Mr. Ziko with all in favor, a 30 -day moratorium was approved. TWELFTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Bissell seconded by Mr. Ziko with all in favor, the meeting was adjourned at 1:35 p.m. Calvin Teague Secretary Tuesday, 118113 9