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02/15/2013 MinutesMINUTES 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, February 15, 2013 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 Anthony Davis Assistant Secretary Richard Ziko 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 Operations Numerous Residents The following is a summary of the discussions and actions taken at the February IS, 2013 Port of the Islands Community Improvement District's Board of Supervisors Meeting. FIRST ORDER OF BUSINESS Call to Order and Roll Call Mrs. Dillon called the meeting to order and Mr. Teague called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the January 18, 2013 Meeting Mrs. Dillon stated each Board member received a copy of the Minutes of the January 18, 2013 Meeting requesting any additions, corrections or deletions. • The Board made minor changes which will be reflected in the amended minutes. There being no further discussion, Monday, 02 /25/13 February 15, 2013 Port of the Islands CID On MOTION by Mr. Ziko seconded by Mr. Davis with all in favor, the Minutes of the January 18, 2013 Meeting were approved as amended. THIRD ORDER OF BUSINESS Public Comment Period Hearing no comments from the public, the next item followed. FOURTH ORDER OF BUSINESS Old Business A. Review of Landscape Maintenance Performance Mrs. Dillon and Mr. Edge discussed the monthly ride - through inspection with Mr. Soto and distributed notes for the Board's information and discussion; copies of which will be entered into the official record. • The mulching is done and looks good. • There was a car accident on U.S. 41 which knocked down trees. ➢ It was determined there was not enough damage to warrant an insurance claim. ➢ The CDD should seek restitution from the driver. ➢ There appears to be approximately $200 in damage. ➢ The CDD may file a claim with the insurance company. • Trees need to be trimmed in the Villages at Cays Drive. ➢ The HOA will have to be contacted. ➢ Perhaps Big Cypress can trim them. ➢ Mr. Edge will ensure this is done. • Mrs. Dillon is in favor of planting Fakahatchee Grass on the north side of the U.S. 41 median, as it thrives well. Mr. Ziko MOVED to approve planting of 30 Fakahatchee and 40 Firebush on the north side of the U.S. 41 median, which represents half of what Soto is recommending; and Mr. Davis seconded the motion. ➢ If this material grows well, the Board may possibly approve the rest in the future. There being no further discussion, Tuesday, 2/25/13 2 February 15, 2013 Port of the Islands CID On VOICE vote with Mrs. Dillon, Mr. Davis and Mr. Ziko voting aye; and Mr. Bissell voting nay, the prior motion was approved. B. Update on U.S. 41 Median Flooding • Mrs. Dillon has not received any updates from the state, but has seen a survey truck in the area. C. Discussion of Severn Trent Contract Amendment for Fiscal Year Timeframe Mrs. Dillon presented the First Amendment to the Amended and Restated Agreement for Water and Wastewater Operation and Maintenance Dated May 1, 2012 for the Board's review and approval; a copy of which will be entered into the official record. • The agreement year which was previously based on the anniversary date of the contract was modified to be from October 1 to September 30 of each year to coincide with the District's Fiscal Year. • Each budget for the work to be done was also adjusted to the Fiscal Year. • Miscellaneous terms for severability were modified. • This particular agreement will expire September 30, 2015 instead May 1, 2015. Mr. Bissell MOVED to approve the First Amendment to the Amended and Restated Agreement for Water and Wastewater Operation and Maintenance dated May 1, 2012 to expire September 30, 2015 instead of May 1, 2015. • There is a typographical error on Page 1 Mr. Davis SECONDED the prior motion as discussed. There being no further discussion, On VOICE vote with all in favor, the First Amendment to the Amended and Restated Agreement for Water and Wastewater Operation and Maintenance dated May 1, 2012 to expire September 30, 2015 instead of May 1, 2015 was approved as discussed. • Mr. Teague will ensure all appropriate signatures appear on the agreement. Tuesday, 2/25/13 3 February 15, 2013 Port of the Islands CID FIFTH ORDER OF BUSINESS New Business A. Discussion of Potential CID Maintenance of Orchid Cove Utilities • The Board concurred not to change the current standards. • Flushing of non -CID hydrants will continue to be at the Association's expense. • The Fire Department is not responsible for these hydrants. • If the CID wanted to do this and charge the association, it would have to be done through an agreement between Severn Trent Services and Orchid Cove. • Orchid Cove may speak to Chief McLaughlin and ask if the Fire Department is willing to do the flushing. SIXTH ORDER OF BUSINESS District Manager's Report A. Approval of the January 31, 2013 Financial Statements and Check Register Mr. Teague presented the January 31, 2013 Financial Statements and Check Register for the Board's review and approval; copies of which will be entered into the official record. All prior year assessments have been collected with the exception of the Motwani situation. There being no further discussion, On MOTION by Mr. Bissell seconded by Mr. Ziko with all in favor, acceptance of the January 31, 2013 Financial Statements and Check Register was approved. SEVENTH ORDER OF BUSINESS Field Managers' Report • Water testing came back free of any bacteria. A. Discussion of January 2013 Operations Report Mr. Edge presented the January 2013 Operations Report for discussion; a copy of which will be entered into the official record. The spare controller as approved under Work Authorization 43213 was installed. Mr. Edge recommended the CID purchase a vibration/heat monitoring unit. ➢ The unit will likely last several years as it will not be used often. There being no further discussion, On MOTION by Mr. Ziko seconded by Mr. Davis with all in favor, purchase of a vibration/heat monitoring meter in an amount not to exceed $3,000 was aDoroved. Tuesday, 2/25/13 4 February 15, 2013 Port of the Islands CID • Water loss increased. ➢ Some of the analysis is based on estimates. ➢ Mr. Edge assured the Board everything is going well in this regard. • Mr. Edge spoke to Mr. Gilbert regarding his water pressure issue. • The marketing person at Hole Montes is in the process of arranging for an article to appear in the Naples Daily News regarding the new water plant. EIGHTH ORDER OF BUSINESS Attorney's Report A. Update on North Hotel Bankruptcy Proceedings + The Executive Session will be held Tuesday, February 26, 2013 at 10:00 a.m. • This meeting will be continued in order to avoid having to advertise it. B. Update on Lot 45 Drainage Swale Agreement • Another letter with a copy of the Agreement and copies of Minutes in which the owner stated they would sign the agreement was sent to them. C. Update on Sunset Cay Utility Dedication • The Utility Dedication was signed by the Associations. • Mr. Cox will present it to the Board during the Executive Session on February 26`h. NINTH ORDER OF BUSINESS Engineer's Report B. Update on Liquidated Damages from Xlyem Water Solutions USA (ITT Technologies) • Mr. Cox reported a letter was sent delineating the delays on their part. • They sent a letter back disputing the 119 -day delay. • Mr. Cox is asking them to pay $43,446.80 to cover the damages. • Xlyem Water Solutions USA (ITT Technologies) will not be paid until they provide all finalized documents, including the contractor certification and Consent of Surety. EIGHTH ORDER OF BUSINESS Attorney's Report (Continued) • Delinquent utility accounts were discussed. ➢ The Robert Leak account should be classified as uncollectable instead of spending additional attorney fees to send him a letter. Upon further discussion, Tuesday, 2/25113 5 February 15, 2013 Port of the Islands CID On MOTION by Mr. Davis seconded by Mr. Ziko with all in favor, write -off of the delinquent utility account for Robert Leak was aunroved. ➢ Great Lakes Homes should also be written off. Holly Schwin paid her late fee. ➢ Sunrise Cay II Condominium Association is working with Severn Trent to pay their late fees. ➢ All meters associated with Great Lakes Homes and Putnam were shut off. There being no further discussion, On MOTION by Mr. Davis seconded by Mr. Ziko with all in favor, write -off of Great Lakes Homes accounts was approved. NINTH ORDER OF BUSINESS Engineer's Report (Continued) A. Review of Closeout of the New Water Treatment Plant Project • Hole Montes involvement is complete and they have not billed the CID since last month. • The only remaining items involve assistance with warranty and other associated issues. • Mr. Edge indicated there are minor issues with the private access road previously installed on Mr. Holecek's property between the two fences on the south side of the plant. • Vehicles continue to drive on the median at Union Road. ➢ The median will be repaired and Mr. Edge will install posts to block access to Union Road at this location. TENTH ORDER OF BUSINESS Supervisors' Requests • Mrs. Dillon asked if anyone from Orchid Cove was present to discuss their meeting with the state, but no one was available. • Mr. Dick commented Mr. Casey submitted his resignation effective Friday, February 22, 2013 and is taking a job with the City of Naples. ELEVENTH ORDER OF BUSINESS Public Comment Period Hearing no comments from the public, the next item followed. Tuesday, 2/25/13 6 February 15, 2013 TWELFTH ORDER OF BUSINESS There being no further business, Calvin Teague Secretary Port of the Islands CID Adjournment On MOTION by Mr. Bissell seconded by Mr. Davis with all in favor, the meeting was recessed at 11:05 a.m. and will reconvene on Tuesday, February 26, 2013 at 10:00 a.m. at the Orchid Cove Clubhouse; 25005 Peacock Lane; Naples, Florida 34114; at which time an Attorney /Client Session will be held. Tuesday, 2/25/13 7 Norine Dillon Chairperson