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