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03/15/2013 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, March 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 Dale Lambert Assistant Secretary Richard Ziko Assistant Secretary Also present were: Calvin Teague District Manager Daniel Cox District Counsel Ronald Benson District Engineer Bert Underwood Severn Trent Services Operations Kathryn Kehlmeier Resident M. Marchand Resident Randy Resch Resident Jerry Ruschak Resident L. Ruschak Resident The following is a summary of the discussions and actions taken at the March 15, 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 Minutes A. February 15, 2013 Regular Meeting B. February 26, 2013 Continued Meeting Mrs. Dillon stated each Board member received a copy of the Minutes of the February 15, 2013 Regular Meeting and February 26, 2013 Continued Meeting requesting any additions, corrections or deletions. • The Board made minor changes which will be reflected in the amended minutes. Tuesday, 3/26/2013 March 15, 2013 There being no further discussion, Port of the Islands CID On MOTION by Mr. Bissell seconded by Mr. Ziko with all in favor, the Minutes of the February 15, 2013 Regular Meeting and February 26, 2013 Continued Meeting were approved as amended. THIRD ORDER OF BUSINESS Public Comment Period • A Resident complimented positively about the letter to the Editor regarding the recent open house. FOURTH ORDER OF BUSINESS Old Business A. Review of Landscape Maintenance Performance Mrs. Dillon discussed the monthly ride- through inspection which was conducted solely by Mr. Soto since Mrs. Dillon and Mr. Edge were unavailable; and distributed notes for the Board's information and discussion; copies of which will be entered into the official record. • The report was submitted late this month. • The irrigation only waters the plants and not the grass. • Soto submitted a quote in the amount of $430 for plants; a copy of which will be entered into the official record. ➢ This quote includes repair of trees damaged by a vehicle. ➢ Mr. Edge has all pertinent information regarding the incident. ➢ The person's insurance company should pay for the repairs, but Soto should be compensated regardless of funds collected. ➢ No action will be taken until Mr. Edge returns. B. Update on U.S. 41 Median Flooding • Mrs. Dillon has not received any further updates. C. Update on Potential CID Maintenance of Orchid Cove Utilities • This item should be removed from the agenda. FIFTH ORDER OF BUSINESS New Business A. Discussion of Sidewalk Power Washing Bids Mr. Teague presented information and bids for power washing of sidewalks; a copy of which will be entered into the official record. * Five bids were received ranging from a low of $2,200 to a high of $5,750. • Mr. Davis knows someone who does power washing and is in Everglades City. • Approximately 11,000 lineal feet needs to be power washed. Tuesday, 3(26(2013 2 March 15, 2013 Port of the Islands CID • Mr. Teague will also get a bid from Soto. • The work includes all sidewalks and streets on Cays Drive; and the sidewalk on Stella Maris. • Mr. Lambert is not in favor of the CID cleaning sidewalks in front of homes. Mr. Bissell MOVED to approve a bid to have sidewalks power washed in an amount not to exceed $2,200. The Board would like additional bids to be submitted by the end of next week; at which time the work will commence. Mr. Davis SECONDED the prior motion as amended. • Mr. Lambert is concerned whether the sidewalks will actually get cleaned to their original finish. Mr. Lambert MOVED to amend the prior motion to only clean sidewalk areas on CID property. There being no SECOND, the amended motion died. On VOICE vote with Mrs. Dillon, Mr. Bissell, Mr. Davis and Mr. Ziko voting aye; and Mr. Lambert voting nay, a bid to have sidewalks within the CID and in front of homes power washed in an amount not to exceed $2,200; with additional bids to be received not later than the end of next week was approved. • Mrs. Dillon or Mr. Teague may sign off on the approved bid. SIXTH ORDER OF BUSINESS District Manager's Report A. Approval of the February 28, 2013 Financial Statements and Check Register Mr. Teague presented the February 28, 2013 Financial Statements and Check Register for the Board's review and approval; copies of which will be entered into the official record. • Mr. Teague presented a credit memo detailing changes in the Repair and Maintenance Budget based on the revised Severn Trent contract. Tuesday, 3/26/2013 3 March 15, 2013 Port of the Islands CID Y The total credit back to the District is $7,739.43. ➢ Mr. Lambert believes some items should be part of the Severn Trent contract. • Mr. Lambert would like to see a summary of all payment requests from construction of the water treatment plant. • The CID's collection percentage is down due to the Motwani situation. There being no further discussion, On MOTION by Mr. Bissell seconded by Mr. Ziko with all in favor, the February 28, 2013 Financial Statements and Check' Register were avvroved. Mr. Teague addressed miscellaneous issues. • All delinquent bills with the exception of Sunset Cay have been collected or paid off. • Mr. Teague distributed an anticipated budget schedule for discussion; a copy of which will be entered into the official record. ➢ A copy of the draft proposed budget will be distributed at the April meeting and will be part of the agenda package. ➢ The Board may hold workshops throughout the budget cycle. SEVENTH ORDER OF BUSINESS Field Managers' Report A. Discussion of March 2013 Operations Report Mr. Underwood presented the March 2013 Operations Report for discussion; a copy of which will be entered into the official record. • Mr. Benson commented Collier County Pollution Control contacted him with a question regarding the effluent reuse pond on the gun club property. ➢ Mr. Benson asked Mr. Underwood to contact him if he hears anything further regarding this pond. • Mr. Edge purchased a vibration/heat monitoring meter and upon use determined one of the well motors had a vibration issue which he had repaired. A There was a lengthy discussion regarding the well pumps. Tuesday, 3/26/2013 4 March 15, 2013 Port of the Islands CID • Someone should ask Soto to check the irrigation timers on Cays Drive to ensure they reflect Daylight Savings Time. • Mrs. Dillon presented a letter which was addressed to Mr. Lambert from FDEP regarding monitoring for lead and copper; a copy of which will be entered into the official record. ➢ There were no issues and the next sampling will occur in 2015. 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 • Mr. Cox has been in contact with the owner and everything should be finalized by next month. C. Update on Sunset Cay Utility Dedication • The fully executed Sunset Cay Utility Dedication will be signed by Mrs. Dillon and recorded. • Severn Trent will be responsible for the following services: ➢ Potable water facilities Sanitary sewers Mosquito control NINTH ORDER OF BUSINESS Engineer's Report A. Update on Liquidated Damages from Xlyem Water Solutions USA (ITT Technologies) Mr. Cox discussed; this item will be under the Attorney's Report in the future. • Mr. Cox has not gotten a response to his second letter. • They owe the CID documentation to support their final request for payment; at which time the undisputed amounts will be released for payment. • They are asking for $138,946.80; they are owed the CID $95,200, which leaves approximately $43,746.80 to be released once all issues are resolved. Mr. Benson addressed miscellaneous issues. • Sunset Cay Villas II is looking for pricing to have their potable water system modified and add new meters in a few locations. Tuesday, 3/26/2013 5 March 15, 2013 Port of the Islands CID • Staff is working on an article for the Naples Daily News regarding the new water plant. • Staff and Severn Trent are also working on an article for one of the professional journals regarding the utility. TENTH ORDER OF BUSINESS Supervisors' Requests Hearing no requests from Supervisors, the next item followed. ELEVENTH ORDER OF BUSINESS Public Comment Period • Ms. Kehlmeier discussed the fire hydrants and wants to know if the paint can crack and if efficiency is affected by a missing cover. ➢ Someone from their association will have to get it taken care of. ➢ The chief should be contacted first. • Mr. Resch wants to know why the CID will not take over the Orchid Cove utilities. ➢ The Board was in agreement not to do this and nothing will change per discussion between Mr. Teague and Mr. Benson. ➢ It has always been the CID's policy that everything behind the meter is the Association's responsibility. ➢ Mr. Benson provided a detailed explanation and history. 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. Bissell seconded by Mr. Lambert with all in favor, the meeting was recessed at 11:31 a.m. to commence the Executive Session regarding the North Hotel Bankruptcy A motion to reconvene the Open Session of the Board meeting is in order. Tuesday, 3/26/2013 March 15, 2013 Port of the Islands CID There being no comments or questions, On MOTION by Mr. Davis seconded by Mr. Ziko with all in favor, the Open Session of the Board Meeting was reconvened. • The Board authorized the attorney to move forward on the settlement agreement with interest charged on delinquent assessments at the rate of prime plus 5 %. A motion to recess this meeting in order to return to Executive Session is in order. There being no comments or questions, On MOTION by Mr. Bissell seconded by Mr. Davis with all in favor, the meeting was recessed at 12:00 p.m. to re- commence the Executive Session regarding the North Hotel Bankruptcy 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. Davis with all in favor, the Open Session of the Board meeting was reconvened. TWELFTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Bissell seconded by Mr. Davis with all in favor, the meeting was adjourned at 12 :06 p.m. Tuesday, 3/26/2013 7