Amended Meeting Minutes for February 18, 2022
Port of the Islands
Community Improvement District
The meeting of the Port of the Islands Community Improvement District was held on Friday, February 18, 2022 at 9:35 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
Bill Sowers – PDM Assistant District Manager
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. Also at the meeting were Cal Teague, District Manager, David Schmitt, the Engineer, Tony Pires, the Attorney, Mitch Gilbert from Florida Utility Solutions, and Robert Soto from Soto Lawn Service. Several residents, Bill Sowers and Christopher Dudak from PDM participated via web conference.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 11E, Stella Maris N, Turn a Street into a Parking Lot
On MOTION by Chair O’Connell, seconded by Supervisor Leishear, with all in favor, the Board accepted the Agenda, as amended.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
John Kehlmeier stated that he was against turning the water plant over to the County. He believed that the community is better at administering to local needs. When he asked who initiated this proposal, Supervisor Leishear stated that he did.
Kathryn Kehlmeier thanked the CID for installing the stop sign and the one way sign on Newport when exiting onto US 41.
FIFTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for January 21, 2022
Line 30 – change “available” to “designated”
Line 69 – change “does” to “will” CID allow striping
Line 88 – strike the first sentence
Line 80 – concern expressed over possible confusion regarding different usage of ERC and ERU. It was agreed to leave as is.
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board accepted the Draft Meeting Minutes for January 21, 2022, as amended.
SIXTH ORDER OF BUSINESS Landscape Maintenance
A. Landscaper Notes and Updates
Robert Soto reviewed his monthly report, and the following was discussed:
Chair O’Connell wondered if the State owns the median at US-41. District Manager Teague stated that the State installed plantings and the CID maintains it, per their agreement with the State. District Manager Teague stated that it costs $7,000 a month to maintain the median, and Supervisor Leishear stated that this amounts to $28,000 per year.
Robert Soto stated that there was a blind spot reported in the Newport area, and it needs to be cut back. The Board agreed that he could cut it to 20″ now, and Attorney Pires suggested a letter to the DOT. Engineer Schmitt will contact the DOT about a line of sight analysis. A copy of the agreement between the DOT and the CID will be sent to the Board and Attorney Pires.
Vice Chair Holloway would like to move forward on planting drought resistant plants in front of Newport Drive.
On MOTION by Vice Chair Holloway, seconded by Supervisor Kish, with all in favor, the Board approved the installation of drought resistant plants in front of Newport Drive, not to exceed $3,395.50.
B. Any New Proposals
There were no new proposals.
SEVENTH ORDER OF BUSINESS Utility Operations
A. Utility Report
Mitch Gilbert reviewed his report, and the following was discussed:
The upgrades to the fire pump station panels and lift stations prices have gone up, and he is investigating current options with pricing.
B. Water Meter Changeout Program Update
690 have been installed with 96 larger meters remaining. They had arrived in December, and Florida Utility Solutions is in the process of installing them.
C. Area Lights and Cameras at Plant Update
The installation of cameras by ADP had been started, and they are expected to be completed by the end of February.
D. Culverts Cleanout Update
This project had been completed. Mitch also reported that the rusted handles on the backflow shut off handles had been replaced or made usable.
EIGHTH ORDER OF BUSINESS Engineer Report
Engineer Schmitt reviewed his report and the following was discussed:
A. CIP Report Updates
He reported that this is still being finalized, because they are waiting for pricing estimates for the projects which are identified.
Alternate well field options were discussed for Parcel 13. They would need to get pricing for a Geotech survey to see if an adequate water source can be located, and if horizontal wells are feasible. Engineer Schmitt stated that the cost could be approximately $35,000 for the survey. The Board decided to table this for now.
B. New Home Construction Issues
The damaged sidewalk panels cannot be repaired until the construction is complete. The contractor had stated that he will replace them.
i. Decorative Pavers in Right-of-Way
Engineer Schmitt reported that the Cays II area has 96 properties with 48 existing homes which have pavers or decorative driveways. He noted that Stella Maris North is all concrete, and Stella Maris South only has a few decorative driveways with pavers. After discussion with Attorney Pires, the Board determined that Engineer Schmitt should contact Collier County and ask to be notified when the County permits are issued with waivers or when they grant permissions for new construction. In addition, Attorney Pires will draft a right of way permit stating that the homeowner is responsible for paver maintenance.
C. Water Tank Inspections
The first tank inspection was completed, and the next one was scheduled for the following week. Engineer Schmitt will do a visual inspection of the second one, since Mitch believed that only one needed to be inspected.
D. Cays Sidewalk Flume Proposal
Engineer Schmitt had presented two proposals previously, and had submitted a third proposal, and it was the most expensive. The Board decided to wait until the various swales are fixed or normalized, because larger flumes will not make a difference to area drainage. A contractor had suggested that installing a larger pipe into the canal would fix the drainage problem. Engineer Schmitt stated that the swales from the road to the rear of the properties are not just for convenience, but are also for storage. Therefore, any pipes would remove storage capacity. It was suggested that South Florida Water Management District (SFWMD) send a representative to the next meeting to discuss putting a larger pipe into the canal. The Board will table this project until SFWMD has met with the Board.
E. Stop Signage at US 41 and Newport Drive Update
This project had been completed.
F. Drainage Updates
This was discussed previously in the meeting.
G. Engineering Contract Update
Engineer Schmitt submitted a draft which is now in review. He hoped to have it completed by the next meeting.
NINTH ORDER OF BUSINESS District Manager Report
A. Monthly Financial Report
District Manager Teague reported that the audit should be completed soon.
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board accepted the Financials for Audit, as presented.
Supervisor Kish had questions on the O&M budget for assessment calculations for the past three years. Staff is addressing this.
B. Fiscal Year 2023 Budget Schedule and Discussion
The schedule for developing the budget was distributed, and the Board was asked to identify goals and send them to District Manager Teague. He will present a draft budget at the next meeting.
Supervisor Jensen requested that the Board not state that the District has plenty of money, because the CID only has enough to run the District. District Manager Teague commented that $300,000 is set aside in the budget for current and future CIP needs.
Chair O’Connell requested that the Board review all contracts. If they are auto renewing and the amounts are increasing, the Board would like to see them as part of the Budget development process. Staff will provide a summary spreadsheet of the contracts.
C. Discussion on Public Record Requests
District Manager Teague stated that he will no longer accept texts for business purposes, because the most recent text records requests have become problematic. It was also stated that it does not need to be a rule, but it is also a good practice for the Board to refrain from communicating through texts. The Board agreed that there should no longer be communication through texts. In addition, District Manager Teague believed that there should be a reasonable charge for anything that takes over an hour for research, and that a deposit should be required, and it should be paid in advance. District Manager Teague and Attorney Pires will prepare a policy for the Board’s consideration.
TENTH ORDER OF BUSINESS Field Manager Report
A. Field Report
District Manager Teague reviewed the Field Report and there was a question:
In reference to 125 Morning Star Cay and other new construction, Supervisor Leishear wondered what can be done, because contractors are not cleaning up. Attorney Pires stated that only the County can enforce the clean up. He stated that the Board could file a complaint with code enforcement, and also file with the building department.
B. Other Follow-up Items
i. Cays Drive Monument Painting Updated Proposal
A proposal had been received from Marco Island Painting for $2,500. However, a license agreement was needed from Mr. McNamee and Mr. Sanchez. The agreement had not yet been sent to Mr. Sanchez. Supervisor Leishear will assure that Attorney Pires gets the contact information for Mr. Sanchez.
ii. Newport Drive Monument Painting New Proposal
Another proposal from Marco Island Painting of $4,500 was received for Newport Drive. The Board agreed that they could do both the Cays Drive and Newport Drive Monument Painting at the same time.
iii. Airplane Club Field Mowing Update
This project was complete. Also, Supervisor Jensen reported that he had observed that a reuse overflow purge had washed across the road on Union Road, resulting in potholes. Mitch Gilbert will investigate and see that the necessary repairs are done.
iv. Union Road, Gulf Coast Cays, and Louland Range Signage Replacements Updated Proposal & Proof
Lykins Signtek presented a new proposal of $1,560 for two new one-sided signs at the Union Road Entrance, rather than one two-sided sign, which was indicated in the previous proposal. Attorney Pires commented that the cleaning and repair of these signs is the Gun Club’s responsibility, as stated in an agreement with the CID.
On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board accepted the proposal that two new signs be placed at the Union Road entrance, contingent upon the new agreement that the Gun Club is responsible for maintenance, not to exceed $1,560.
ELEVENTH ORDER OF BUSINESS Attorney Report
A. Prepmac Lawsuit Status
Attorney Pires reported that there were no changes in the status.
B. Cays Drive Monument License Agreement Update
This was discussed earlier in the meeting.
C. Rules Amendments Update/Latest Draft
The draft had been emailed to the Board. Attorney Pires explained that changes can be made at the public hearing on March 18th, as well. Attorney Pires and Engineer Schmitt will address some language issues while explaining to developers how ERCs will be allocated for development plans, indicating the Board’s capacity to fulfill those that are required. There was a concern discussed about the availability of enough ERCs for development.
D. Laws Regarding ATVs/Golf Carts on CID-Maintained Roadways
Attorney Pires summarized the restrictions on ATV operation, and stated that they are prohibited on public roads, except on unpaved roads with a speed limit of less that 30 mph. He believed hat they are also prohibited on CID roads. He stated that golf carts are also prohibited unless they are in a gated community, a retirement community, or on roads approved by the County. Staff to research with county staff for initial inquiry.
E. North Stella Maris traffic turn around used for parking
This is a follow-up from last month’s meeting concerning the determination of the ownership of the traffic turn around. Attorney Pires stated that it is not a CID road, but there was an agreement that the CID is responsible to maintain it. The Board discussed whether they want to give the responsibility for maintenance back to Stella Maris North, if they want to turn it into a parking lot. Engineer Schmitt suggested checking with the County to see if there are permit issues with changing the road to a parking lot.
Supervisor Kish asked questions on the Rules changes that were presented under HC and were provided by Attorney Pires. He stated the CID needs to create ERC transfer forms and put them on the website. Supervisor Kish also requested the attorney research the allocation of PILT funds to CID, Ave Maria, Immokalee, and Everglades.
TWELFTH ORDER OF BUSINESS Old Business
A. Parcel 13
i. Commercial Real Estate Listing Agreement with Mike Carr
District Manager Teague stated that the agreement had been sent to Mike Carr, but they were not sure if it had been signed. In response to Supervisor Jensen’s question, District Manager Teague stated that Mike Carr understood that he was to list Parcel 13 at $3 million. Supervisor Jensen suggested it should be $5 million but no action taken to increase.
B. Meeting with Commissioner LoCastro and Collier County Staff on the Possibility of Sale of the Utility Facilities to Collier County
District Manager Teague distributed a summary of a Zoom meeting with County staff and District staff. District Manager Teague reported that the County stated that they were not sure what their benefit would be if they bought it.
The second meeting included Commissioner LoCastro, Supervisor Jensen, Attorney Pires, Engineer Schmitt, and District Manager Teague. The County stated that an issue is that the POICID plant is not connected to any other system in the County. They stressed that they were not interested in the Everglades City system, and if they were, that might be a possible use. The CID representatives ascertained from the meeting that the County would not buy it. They might possibly take it for no cost. If the County owned it, assessments would go down at POI, but utility costs would go up. The County also specified that all of the infrastructure being transferred would have to be brought up to County standards.
THIRTEENTH ORDER OF BUSINESS New Business
There was no New Business.
FOURTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Vice Chair Holloway commented that the Orchid Cove light posts are not clean.
Supervisor Jensen commented that a damaged sign by the “T” should be removed.
FIFTEENTH ORDER OF BUSINESS Audience Comments
Linda Fernandez commented that she was concerned about spending $28,000 per year for maintenance on the US 41 median.
Steve McNamee was concerned about his records requests, and wondered if the Board had a conversation with J.C. Sanchez about selling the east Parcel to pay for the west side. He believed that this was the cause for his failure to sell it. He stated that Supervisor Leishear told Mr. Sanchez about those parcels, but Supervisor Leishear stated that he had not.
Joe Levy arrived at the meeting and there was an extended discussion about the aborted purchase by the District of the SW Commercial property and the ultimate sale to Mr. McNamee.
Supervisor Kish commented that there had been rumor through the website “Next Door”, and this could have caused some misunderstanding about this purchase.
SIXTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board agreed to adjourn at 2:08 p.m.
The Next Regular Meeting is on March 18, 2022 at 9:30 a.m.
The Public Hearing for Rules Amendments and the New Assessment Methodology will be held on March 18, 2022 at 12:00 p.m.