Amended Meeting Minutes for December 17, 2021
Port of the Islands
Community Improvement District
The meeting of the Port of the Islands Community Improvement District was held on Friday, December 17, 2021 at 9:30 a.m. at the Orchid Cove Community Center on 25005 Peacock Lane, Naples, Florida 34114 and also via web conference.
Present (or by web conference) and constituting a quorum were:
Teri O’Connell – Chair
Michele Holloway – Vice Chair
Ray Jensen – Assistant Secretary
Russell Kish – Assistant Secretary
Sam Leishear – Assistant Secretary
Also present (or by web conference) were:
Cal Teague – District Manager
Anthony Pires, Jr. – Attorney
David Schmitt – Engineer
Mitch Gilbert – Florida Utility Solutions (FUS)
Robert Soto – Soto Lawn Service
Marcene McNamee- Resident
Audrey Sanders – Orchid Cove Resident
Tom and Barb Pedersen – Residents
Christopher Dudak – PDM Client Services Manager
The following is a summary of the discussion and actions taken at the Port of the Islands Community Improvement District (CID) Board of Supervisors meeting.
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The Port of the Islands Community Improvement District meeting was called to order by Chair O’Connell and all Board members were present, with Vice Chair Holloway attending by web conference. Also at the meeting were Cal Teague, District Manager, Anthony Pires, the Attorney, David Schmitt from Hole Montes Engineering, Mitch Gilbert from Florida Utility Solutions, and Robert Soto from Soto Lawn Service. Residents Marcene McNamee, Audrey Sanders, Tom and Barb Pedersen, and Christopher Dudak from PDM participated via web conference.
On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Board approved the attendance of Vice Chair Holloway by web conference.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 9E ERC Transfer Request Update, 9F Historical Issues Book Update, 9G Water Turnoff, 11D Rules Change Update
On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Agenda was accepted, as amended.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on the Agenda.
FIFTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for November 19, 2021
Change the spelling to LandQwest in Lines 125 and 128
On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Board accepted the Draft Meeting Minutes of November 19, 2021, as amended.
SIXTH ORDER OF BUSINESS Landscape Maintenance
A. Landscaper Notes and Updates
Robert Soto reviewed his report and current issues were discussed:
The Board and Robert discussed the irrigation and lighting issues on the medians of Newport Road and Cays Drive, pointing out the age of the irrigation system. As noted in Field Manager Pepin’s report to follow, Excel Electric will be checking the lighting. Robert stated that he would like to replace the timers when the pavement in those areas is redone. District Manager Teague stated that there is nothing currently in the budget for roads. Robert would especially like to install the wires connecting island to island in the conduit, and David stated that he could also use directional drilling at a higher rate.
On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board agreed that Robert Soto will develop a proposal with a master plan analyzing the irrigation system and outlining the needed improvements.
i. Tree Trimming
This should be completed by the first or second week of January.
ii. 41 Median
Repairs on the 41 Median from the truck accident will be under $500, because only a few pallets of Bahia grass needed to be installed. Therefore, the repairs do not meet the insurance deductible, so the Board agreed to have him repair it.
iii. Union Road Median
The landscape installations approved at the last meeting will be installed before Christmas, 2021.
B. Any New Proposals
There were no new proposals.
SEVENTH ORDER OF BUSINESS Utility Operations
A. Utility Report
Mitch Gilbert from Florida Utility Solutions (FUS) presented his report and the following issues were disussed:
The fire pump station generator board was discussed, and Mitch reported that the controller is obsolete. Supervisor Jensen shared information for a custom control panel. Engineer Schmitt will see if this an option. A chain link fence to secure the pump station from vandals was discussed.
Mitch is pulling one blower monthly for analysis as a preventive measure. The reuse PLC replacement has been installed, and the tank is running efficiently.
Mitch explained that when repairing the Venus Cay mainline, his team did not use a silt barrier. He apologized and stated that he will assure that silt barriers are placed in the future.
Upon Supervisor Kish’s question, Mitch stated that there is little value in using the old MBR from the plant for scrap.
B. Water Meter Changeout Program Update
Mitch reported that 647 meters had been installed with 139 remaining.
C. Orchid Cove Backflow Preventer Repairs Update
Mitch reported that all handles on the back side are completed. The Board discussed the fact that those residents asking for them on the front side would allow them to shut off at the meter, but the CID is discouraging this. It was stated that the residents should pay a turn on/turn off fee. Otherwise the bill’s usage cannot be verified to determine if the meter reading is accurate.
D. Area Lights and Cameras at Plant Update
Robert reported that the cameras were being installed, but the fiber optic cable onsite could not be used. He stated that it needs to be replaced with coaxial, and there should be a Wi-Fi connection. This would require a change order, which Mitch initially approved. However, the Board was concerned that the Wi-Fi would not be reliable, and they would prefer a direct connection, even if the fiber optic line had to be replaced. Mitch will get a quote for fixing or replacing the fiber optic cable and delay any Wi-Fi connection.
EIGHTH ORDER OF BUSINESS Engineer Report
Engineer David Schmitt reviewed his report and several items were discussed:
A. New Home Construction/Drainage/Sidewalk Damage Issues
Letters have been sent out to new homeowners noting cracked sidewalks, drainage obstructions and site cleanups. There were positive and negative responses, but most of it had been cleaned up and repaired. Engineer Schmitt will soften up the letters because of negative complaints.
B. Drainage Concerns Along Cays and Newport Drive
Engineer Schmitt presented a handout with various options for roadway and sidewalk drainage repair, including the blockage where sidewalks extend over some of the drainage swale coming off the roadway on Wilderness, Windward, and Venus Cay. He and Field Manager Pepin will get pricing for these repairs.
C. Bid Specifications for New Generator and Control Board
Engineer Schmitt and Mitch Gilbert from FUS will be meeting to discuss the inspection and pricing. This was discussed earlier in the meeting.
D. Reevaluate Ownership of Stella Maris North Stormwater System
Engineer Schmitt stated that the roadway assets added to the District at the request of the COA will be researched to clearly identify the assets that the CID accepted. The Board asked the staff to compile an inventory summary of stormwater drainage systems in the community not owned by the CID. The summary should include the costs needed to address the systems. The Board asked that the inventory be presented at the next meeting.
E. Union Road Pothole Filling
Mitch is delivering and spreading gravel at the cost of $650 per load.
Other items and comments made were as follows:
Regarding the permit for slip changes at Sunrise Cay, the water feeds and cross connections need to be monitored.
Peggy Kozlowski from 135 Winward Cay reported that there is a serious flooding problem on her property. The swale that the CID required them to put in when they were constructing their home makes their house the lowest spot on the street. They have had to fix several blowouts. Engineer Schmitt will look at the permit to determine if a slot can be opened. A builder, Joe Levy, commented that many swales do not have an easement, because they are in the rip rap or in the canal. Because of this, property owners might not want to cooperate and could decide to fill in their swales, which forces water over to their neighbors. Engineer Schmitt stated that this is partially correct. It is not necessarily erosion, because the drainage easement was established at 20′ from the highwater mark, which has changed over the years. After much discussion, the Board decided that staff will contact South Florida Water Management District and identify options to address this issue. Attorney Pires recommended that the addresses of those affected should be gathered. Engineer Schmitt stated that an elevation survey should also be done.
Engineer Schmitt reported that he had received a proposal from Aqua Store for tank inspection with the cost of $1,800 to inspect both tanks. This is for preventive maintenance, and Mitch stated that there is no need to go inside the tanks. The Board asked Mitch to get another proposal for comparison.
On MOTION by Chair O’Connell, seconded by Supervisor Kish, with all in favor, the Board authorized that an inspection of the tanks be done, with the cost not to exceed $2,000.
NINTH ORDER OF BUSINESS District Manager Report
A. Monthly Financial Report
The Financials were accepted for Audit.
On MOTION by Chair O’Connell, seconded by Vice Chair Holloway, with all in favor, the Board accepted the Financials for Audit.
B. Irrigation Line Lightning Strike Insurance Claim
Egis Insurance Company stated that the irrigation lines are not covered on the policy, and the deductible is more than the damages incurred. The Board agreed not to pursue this any further.
C. 41 Median Damage Update
District Manager Teague stated that this is not CID property, and the POICID only maintains it through an agreement with the FLDOT. Egis stated that because POICID is not involved, they cannot get the police report until 60 days after the incident. In addition, the costs are less than the insurance deductible. As previously discussed, the expense was authorized in Robert Soto’s report.
D. Mosquito Spraying Update
District Manager Teague gave an update on the repairs to the remote control and the delivery of the chemical.
E. ERC Transfer Request Update
The transfer of ERC’s from Parcel A to Parcel B has been signed and all charges paid.
F. Historical Issues Book Update
In a handout were the drafts of the first two issues. Mr. Benson hopes to have it completed before Christmas and will distribute it to the Board. He will be present at the January meeting, and it will be discussed.
G. Water Shut offs
The Board agreed to delay water shut offs until after the holidays.
On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Board agreed to delay water shut offs until January 4, 2022.
TENTH ORDER OF BUSINESS Field Manager Report
A. Field Report
Field Manager Pepin was not in attendance, and District Manager Teague reviewed the field report. Because of the length of the meeting, District Manager Teague stated that he would not cover the report now, but he would review the follow-up items. The Board agreed, and if they have any questions, they can contact District Manager Teague.
B. Other Follow-up Items
i. Cays Drive Landscape Lights Repair Update
All electrical work has been completed, and the project can now be finished.
ii. Tabled Cays Drive Monument Painting Proposal
The Board is waiting on the monument painting until Steve McNamee signs the license agreement. In regards to Chair O’Connell’s question, Attorney Pires did not think the sale of tract A would affect the agreement, but he will investigate it.
iii. Airplane Club Field Mowing Update
The Airplane Club stated that they should be completing this soon. It has been wet and they have had equipment problems.
iv. Stop Signage at US 41 and Newport Drive
The new stop sign will require the District to submit a General Use Permit, signed and sealed plans, an MOT plan, and any FDM standard plans to FLDOT. If approved, the District will be responsible for purchasing and installing the sign. Engineer Schmitt will complete the permitting process.
v. Union Road, Gulf Coast Cays and Louland Range Signage Replacements Update
Field Manager Pepin requested Lykins to provide an estimate to replace/update the Union Road Entrance sign. He is waiting for the estimate.
ELEVENTH ORDER OF BUSINESS Attorney Report
A. Prepmac Lawsuit Status
Attorney Pires reported that there are no changes in the status of the lawsuit.
B. Cays Drive Monument License Agreement
The agreement is ready to be signed. Attorney Pires had approached Steve McNamee to sign the agreement for Parcel A, and told him that he should contact the new owner of Parcel B.
C. Non-disturbance and Encroachment Agreement for 199 Cays Drive Ramp across Swale
The agreement was sent to Engineer Schmitt for review, and Attorney Pires is waiting for the data to be submitted.
D. Rules Change Update
Attorney Pires stated that the staff would like to change the rules change public hearing from the January meeting.
On MOTION by Supervisor Jensen, seconded by Vice Chair Holloway, with all in favor, the Board agreed to change the Rules Change public hearing from the January 21, 2022 meeting to the March 18, 2022 meeting.
At the end of February there will be a notice of rate changes put in the utility bills.
The Board agreed to adopt an assessment methodology in a separate hearing.
TWELFTH ORDER OF BUSINESS Old Business
A. Parcel 13
i. LandQwest Listing Agreement Update
Attorney Pires submitted a new redline version of the agreement with revisions. The Board discussed several additions and agreed to accept them. The question was posed that if LandQwest did not accept the revisions, should the Board go with Mike Carr. After continued discussion, the Board stipulated the factors determining the use of LandQwest or Mike Carr for the listing.
On MOTION by Chair O’Connell, seconded by Supervisor Leishear, with 4 in favor, and Supervisor Holloway opposed, the Board agreed that if by January 3, 2022 LandQwest has not signed the revised agreement and requests major changes, staff will contact Mike Carr to see if he would accept the agreement. If there are only minor changes, the Chair is authorized to sign the agreement with LandQwest.
B. Meeting with LoCastro on the Possibility of Sale of the Water and Wastewater Facilities to the County
Because of Mr. LoCastro’s schedule, the meeting will be the first or second week of January.
THIRTEENTH ORDER OF BUSINESS New Business
A. New ERC Methodology Update
As was discussed earlier, the public hearing will be changed. District Manager Teague reported that the draft for the ERC Methodology will be submitted for review at the January meeting. Upon review of the rules, if there are any changes, they will be discussed at the February meeting. The public hearing will be in March.
B. Pool Safety Fence at 143 Venus Cay
The architect for this new construction explained the specifics of the proposed fence. The Board expressed concern about allowing the first fence in the POICID drainage easement, and if a precedent would be created. They were also concerned about placing it in the drainage swale, and the possible impacts on drainage from the street at the end of the cul-de-sac.
On MOTION by Supervisor Jensen, seconded by Chair O’Connell, with all in favor, the Board agreed to deny the request for a fence at 143 Venus Cay.
FOURTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Supervisor Jensen expressed thanks to all the members of the team for the work they do and the effort that they give.
Supervisor Holloway requested that the staff look at the wording of violation notices to new homeowners. Engineer Schmitt will review his wording and soften it up. She also stated that it is the CID’s responsibility to fix problems. Therefore, the CID should take over the Stella Maris North stormwater system and any others that are not maintained by the CID.
Supervisor Jensen stated that he was not certain that Mike Carr is the right person to list Parcel 13. Chair O’Connell reminded him that the Board had designated Mike Carr as their second choice. Supervisor Jensen also reminded the Board that the sale of the hotel is closing at the end of the month.
FIFTEENTH ORDER OF BUSINESS Audience Comments
Kathryn Kehlmeier had noticed internet advertisement signs in several yards that should be removed. She also provided a list of some maintenance needs in the Newport area, including monument cleanup, painting, and lighting issues.
Jerry Winters of Newport Drive wondered what the potential impact in the future would be on the potable water system from new development. He asked if the wells could go dry. It was suggested that staff contact Mike Owen who studies hydrology in the area. Supervisor Jensen would like Mr. Owen to come and talk to the Board at a meeting. District Manager Teague commented that the South Florida Water Management District manages water in Collier County. Engineer Schmitt mentioned that we are getting water sources recharged from rain run-off from the north.
Deborah Jansen asked if residents could participate when the staff meets with Commissioner LoCastro concerning the County’s purchase of the utility plants and systems. Attorney Pires stated that it would not be appropriate, and that it should be staff to staff in the beginning. If that is fruitful, the staff will bring it back to the two Boards, and the public would be involved, if needed. He explained that this was the process in Gateway, and it was a several year process. He also stated that it is a common practice for staff to begin preliminary discussions with County staff.
Supervisor Leishear commented that there are more ATVs and golf carts on the roads, and he wondered if they should be tagged. Since the roads are maintained by the CID, he also wondered if the CID could do anything. Attorney Pires stated that he would contact Collier County and find out the requirements.
Chair O’Connell asked for name plates for the Board with names on them, not positions.
SIXTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board agreed to adjourn at 1:38 p.m.
The Next Regular Meeting is on January 21, 2022 at 9:30 a.m.