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Amended Meeting Minutes for January 20, 2023

Port of the Islands
Community Improvement District

The Regular meeting of the Port of the Islands Community Improvement District was held on Friday, January 20, 2023 at 9:30 a.m. at the Orchid Cove Community Center on 25005 Peacock Lane, Naples, Florida 34114 and also via web conference.

Present and constituting a quorum were:
Steve McNamee – Chair
Dan Truckey – Vice Chair
Russell Kish – Assistant Secretary
Kevin Baird – Assistant Secretary
Anna-Lise Hansen – Assistant Secretary

Also present were:

Cal Teague – District Manager, Premier District Management (PDM)
Anthony Pires, Jr. – Attorney, Woodward, Pires & Lombardo, P.A.
David Schmitt – Engineer, Hole Montes, Inc.
Mitch Gilbert – Florida Utility Solutions
Residents

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 Regular Meeting was called to order and all Board members were present. Also at the meeting were Cal Teague, the District Manager, Tony Pires, the Attorney, Mitch Gilbert of Florida Utility Solutions, and Several Residents. David Schmitt, the Engineer, and Several Residents participated via web conference.

SECOND ORDER OF BUSINESS Pledge of Allegiance

THIRD ORDER OF BUSINESS Approval of the Agenda

An Amended Agenda, including Soto Landscaping’s January Report, and Item 13F GIS Agreement Status, had been sent to the Board.

On MOTION by Chair McNamee, seconded by Vice Chair Truckey, with all in favor, the Board approved the Amended Agenda, as submitted.

FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items

There were no comments on the Agenda items.

FIFTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Regular Meeting Minutes for December 16, 2022

Line 2 Change “A Special Meeting” to “The Regular Meeting”
Line 3 & Line 4 Remove “(or by web conference)”

B. Draft Special Meeting Minutes for January 11, 2023

Line 3 & Line 4 Remove “(or by web conference)”
Line 79 Change “de Bose” to “DeBoest”

On MOTION by Vice Chair Truckey, seconded by Chair McNamee, with all in favor, the Draft Meeting Minutes for December 16, 2022, and the Draft Special Meeting Minutes for January 11, 2022 were approved, as amended.

SIXTH ORDER OF BUSINESS Utility Operations

A. Monthly Operations Report

Mitch Gilbert stated that they are slowly reducing chlorine injections, and they have repaired the aerator that was malfunctioning. He stated that there was an inspection from DEP, and they stated that an analytic meter needs to be installed in a well, and he will have a geologist give his recommendations. The inspection also revealed that the pump station on Cays Drive closest to Hwy 41 needs to be coated on the inside. They also stated that the groundwater in the wells has high numbers of nitrate, which need to be addressed.

Mitch stated that they regularly take lead and copper samples from the wells, which could affect the drinking water, and Chair McNamee suggested that the levels in the new development be tested.

Mitch stated that it is time for a permit renewal for the wastewater treatment plant, which needs to be done by an engineer, and the initial application needs to be sent by the 1st week of June. The Board agreed to have it started, and Engineer Schmitt stated that he has retained an environmental specialist, and Engineer Schmitt will have a proposal to submit to the Board in the next few weeks.

B. Wellfield Road and Generator Costs Update

Mitch stated that they have received the generator, and he will work with Supervisor Truckey on its installation. It can be installed after the repairs on the wellfield road project are complete, and he has a quote of $9,200 for installation of large culverts and $6,200 for small culverts. District Manager Teague stated that these projects can be submitted to FEMA for reimbursement. The Board agreed to have the projects started.

C. February Plant Tours

The Board agreed to have an open house, including plant tours, after the next Board meeting. They will also invite Lindsay Case, so attendees can ask him questions.

SEVENTH ORDER OF BUSINESS Landscape Maintenance

A. January Report

Supervisor Baird reviewed the report submitted by Soto Landscaping, and stated that there are palm trees and crepe myrtle trees that need to be trimmed, and he will get a quote from Soto.

Chair McNamee stated that there are lights that are covered by tree limbs, and some lights are not working, and Kevin stated that these will be investigated.

Kathryn Kehlmeier commented that there are weeds in the pots at the hotel, and signs that need to be cleaned.

The need for signs in the Marina areas was discussed.

EIGHTH ORDER OF BUSINESS Engineer Report

Engineer Schmitt stated that he would like to work with the committee on issues with roadways, drainage and utilities. He noted that the drainage on Cays Drive needs to be addressed. He stated that the operation and maintenance on the swales also needs to be addressed. Chair McNamee asked about the swales, and Dave stated that some areas had received permits and some had not, and the master plans for the community are available to use for addressing issues. The drainage projects that need to be completed in the swales was discussed. Chair McNamee asked Engineer Schmitt to send the plans to Supervisor Hansen, and he agreed to do so.

Mitch Gilbert was asked about surface issues on Union Road, but he suggested that they wait to address them until the construction in Parcel 13 is complete.

Engineer Schmitt mentioned the pipes under the bridge that need painting, and Mitch Gilbert stated that he is working on a proposal. A resident suggested that the paint be tested before it is applied. Attorney Pires questioned if the project could be part of the FEMA reimbursement grant. This will be researched and included as part of the Hurricane Ian FEMA reimbursement application if appropriate.

Engineer Schmitt stated that he would like to meet with Supervisor Hansen, so they can discuss the status and issues with the stormwater system. He stated that he could get proposals for the water tank and the permit renewal before the next meeting. There was discussion on the issues with the stormwater system, and those that need be addressed in the near future.

Supervisor Kish expressed concern regarding the activities of the engineer, and what he had seen in the billing. There was discussion about the services performed by the engineer, and the qualifications needed if they contract with a different firm. The Board decided to table any action until Engineer Schmitt and Supervisor Hansen have met and can report their findings to the Board.

NINTH ORDER OF BUSINESS Field Manager Report

A. Current Field Report

The Report was in the packet, and District Manager Teague stated that he could forward any questions to Field Manager Pepin. No questions were asked, and the following items were discussed:

B. Follow-up Items

i. Aerator Installation Update

Field Manager Pepin had reported that the electrical work on the 1st pond is complete, and Excel Electric is waiting on LCEC to conduct their site visit for the new power hookup for the other two. Excel Electric will reach out to LCEC this week to request that they come onsite as soon as possible.

ii. Asphalt Repairs on Newport Dr and Union Road Update

The project was completed on January 13, 2023, and the Board is dissatisfied with the results. Vice Chair Truckey will contact D&G about correcting the roadway repairs.

TENTH ORDER OF BUSINESS District Manager Report

A. Monthly Financial Report: December 2022

District Manager Teague stated that they have received 71% of the assessments, and the District now has a total of $4.6 million available.

On MOTION by Vice Chair Truckey, seconded by Supervisor Kish, with all in favor, the Board accepted the Financials for December 2022, as submitted.

B. Hurricane Ian Damages Update

i. FEMA Claims Submittal Status

District Manager Teague reviewed a handout, which includes a summary of all actions to date, including up-to-date invoice processing, and projected damage repair costs. He stated that all deadlines have been met, and staff is meeting with FEMA weekly on the progress of the submissions. They are currently filling out the Damage Inventory (DI), which is due March 14, 2023, and they expect that the new management company will complete it. The Board agreed that Vice Chair Truckey would be the Board Supervisor overseeing the FEMA reimbursement request.

C. District Manager Statement

District Manager Teague stated that PDM is now sending all of the invoices to Chair McNamee.

He also stated that PDM has a records retention policy, which was adopted by the Board, and which requires staff to oversee someone who is looking through the records. He stated that they have this policy, because they are statutorily responsible for the integrity and maintenance of the records.

He stated that PDM will forward all of the FEMA documents to the new management company upon Board directive.

ELEVENTH ORDER OF BUSINESS Attorney Report

A. Discussion of Form of Resolution Establishing Various Committees

Attorney Pires stated that the appointed committees are subject to Sunshine ethics compliance and must have a quorum. He submitted a handout for establishing committees, and the components of the resolution will be in the packet for the next meeting. He will also give a presentation outlining the requirements for committees.

TWELFTH ORDER OF BUSINESS Old Business

A. Fiscal Year 2023 Budget Amendment: Resolution 2023-03

District Manager Teague stated that the resolution had previously been presented, but that a decision can be delayed. The Board decided to table this until a new management company is obtained.

THIRTEENTH ORDER OF BUSINESS New Business

A. Management Services Transition Update

i. Short Term Agreement with Premier District Management

Attorney Pires distributed a red-line and clean management services short term agreement, requesting that the contract with PDM be extended from February 18, 2023 to February 28, 2023. Upon advice from PDM’s attorney, District Manager Teague elected not to execute the previously discussed revision of the current contract, which was also stated in his recent email to the Board.

On MOTION by Vice Chair Truckey, seconded by Supervisor Kish, with 3 in favor and Chair McNamee opposed, the Board accepted a red line and clean management services short term agreement, requesting that the contract with Premier District Management be extended from February 18, 2023 to February 28, 2023, with the stipulation of removing the last sentence.

ii. Presentation(s) and Consideration of District Management Services Proposal(s) from Interested Firm(s)

This will be covered at the Continuation Meeting on January 27, 2023.

iii. Consideration of District Management Services Agreement

This will be covered at the Continuation Meeting on January 27, 2023.

B. Lawsuits Update

Attorney Pires stated that there is only one lawsuit pending, which is with Prepmac. Chair McNamee asked if there can be negotiations with Prepmac, and Attorney Pires stated that they recommend discussions between the parties to save costs. The Board requested a meeting with Prepmac, and Attorney Pires will contact them to set a date for the Board to meet with them. The insurance company will also be contacted to see if they can provide assistance in the negotiations.

C. Parking Signs/Towing Discussion

Attorney Pires stated that he had sent the Board a memorandum detailing the parameters and criteria for parking and towing policies. There was discussion on the establishment of tow away zones, and the inequity of tickets the County gives to various vehicles. There was also discussion on the various policies for parking and towing which the community will adopt. The Board decided to contact the County and obtain their parking and towing requirements, and then have a meeting with the POI community to establish policies.

Supervisor Hansen left the meeting at 11:30 a.m. during the discussion on Parking Signs and Towing.

D. Eric Ortman – Rezoning Parcel 13

Supervisor Kish had sent information to the Board. Chair McNamee had also spoken with Lindsay Case, and they determined that there is confusion on the rezoning process. After discussion the Board decided that Mr. Case will review the documents, and Mr. Ortman will be contacted by Chair McNamee.

E. Swale Issues

After discussion, it was decided that the County needs to give the Board specific options for remediation, so the repairs can be completed on 162 and 163 Sunset Cays Drive.

F. GIS Agreement Status

Chair McNamee stated that the GIS map is inaccurate and not up-to-date, because change in ownership and other changes are not reflected. District Manger Teague stated that it is valuable without the updates, because it contains information on all of the easements. It was stated that the County has the most up-to-date records. District Manager Teague referred to the previous minutes, which indicate that the previous Board had approved the project, and he stated that the map is now complete. There was discussion on withholding payment, because of the inaccuracies. Attorney Pires stated that the Board should look at the date when the invoice was received when considering payment or non-payment, and he stated that the invoice for $2,275 was received on January 21, 2023. The Board requested that District Manager Teague send a letter to Florida GIS Solutions, stating the Board’s concern for the map’s deficiencies. The Board decided to meet with them, so that the costs can be explained, and they also requested that they come to the next meeting to explain the map.

FOURTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

Supervisor Kish had a question about the 55′ dock extension request. Chair McNamee stated that this request has been sent to the County. There was discussion on the requirements for extension, and it was also stated that the community can attend County Commissioners meetings.

Supervisor Baird commented that, because of a recent theft, gates should be installed, so the identity of those entering and leaving the community can be more closely monitored.

FIFTEENTH ORDER OF BUSINESS Audience Comments

An audience member wondered if culverts could be repaired using grant money, because there had been flooding during Hurricane Ian.

Kathryn Osswalt commented that she had requested the replacement of a missing meter cover, and it has not been replaced. She also wondered if missing covers are discovered by those who read the meters and reported to Mitch. Mitch stated that he will contact her, so that the issue can be resolved.

SIXTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Chair McNamee, seconded by Supervisor Baird, with all in favor, the Board agreed to continue the meeting to January 27, 2023.

A Continuation Meeting will be on January 27, 2023 at 8:30 a.m.
The Next Regular Meeting will be on February 17, 2023 at 9:30 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair