Amended Meeting Minutes for January 21, 2022
Port of the Islands
Community Improvement District
The meeting of the Port of the Islands Community Improvement District was held on Friday, January 21, 2022 at 9:57 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
Lenore Brakefield – Representing Mr. Pires
David Schmitt – Engineer
Mitch Gilbert – Florida Utility Solutions (FUS)
Robert Soto – Soto Lawn Service
Marcene McNamee- Resident
Audrey Sanders – Orchid Cove Resident
Mary Beth Stewart – Resident
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 from Hole Montes Engineering, Mitch Gilbert from Florida Utility Solutions, and Robert Soto from Soto Lawn Service. District Attorney Anthony Pires arrived later, with attorney Lenore Brakefield from Mr. Pires’s Office filling in until he arrived. Marcene McNamee, Audrey Sanders, and Mary Beth Stewart (all residents), and Christopher Dudak from PDM participated via web conference.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Meeting Procedure Discussion
District Manager Teague presented procedures appropriate for Audience members and time limits for Board meetings. The Board and residents discussed this, and no action was taken. Therefore, no new procedures were implemented.
FOURTH ORDER OF BUSINESS Approval of the Agenda
On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board accepted the Agenda, as amended to include the meeting procedure discussion.
FIFTH ORDER OF BUSINESS Audience Comments on Agenda Items (5 minutes per Speaker)
Kathryn Kehlmeier wondered if E-verify is in the rules document for vendors. She also suggested that the title of “Agenda Packet” be changed to “Agenda Only” on the website.
Deborah Jensen expressed concern about the length of time it is taking to complete repairs to resolve the flooding issue on Cays Drive. District Manager Teague stated that this is an expensive and complicated project but included in the C.I.P. She also asked how she would request a meeting with the District Manager or any Supervisors. She was directed to utilize the contact form on the website.
Frank Lee from the Condo Association Master Board asked if the stormwater drainage in Stella Maris North is on the agenda today. Engineer Schmitt stated that he will present an overall drainage update later in the meeting.
SIXTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for December 17, 2021
District Manager Teague stated that Attorney Pires had sent some corrections which were just provided and will be included.
On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board accepted the Draft Meeting Minutes for December 17, 2021, as amended.
SEVENTH ORDER OF BUSINESS J.C. Sanchez Presents Plan for Parcel B on West Side of Cays Drive
J.C. Sanchez introduced himself and stated that he is a resident, and he has purchased Parcel B of the south east commercial lots. He assured the Board that he wanted to address any fears or concerns regarding his plans to develop that site, because his plans for that property will bring value and beauty to the community.
EIGHTH ORDER OF BUSINESS Commercial Real Estate Listing Agreement
A. LandQwest Listing Agreement Update Response to Requested Changes
LandQwest did not accept the changes presented to them.
On MOTION by Supervisor Jensen, seconded by Vice Chair Holloway, with all in favor, the Board agreed to reject the LandQwest agreement.
B. Response from Mike Carr on Interest to Sign Agreement if LandQwest Doesn’t Approve Board Changes.
When Mike Carr arrived, he stated that the best use of the property is residential. He does not know how to price it at this point. He plans to advertise it as the number of units that could be sold.
Supervisor Kish asked if there was a DEP on the property. Mr. Kish stated that the Parcel 13 development plan that is on the website states that there are 160 ERUs on the land and this is outdated and should be removed. It was stated that there are only 10 acres designated for wetlands.
Mr. Carr stated that the due diligence will take a while, because developers do not want to own it without permits. He estimated that it will take about a year and a half for closure.
There was a discussion on possibly reserving ERUs for development to ensure that there are enough of the remaining ERUs available.
The Board agreed to delay a vote on accepting Mike Carr as the commercial real estate broker for Parcel 13 until later in the meeting.
NINTH ORDER OF BUSINESS Landscape Maintenance
A. Landscaper Notes and Updates
Robert Soto Presented his monthly report. He stated that the 41 Median project and the Union Road landscape project were complete. He also presented a proposal for landscaping around the Union Road monument sign with drought-resistant plants for $3,399.50 which was tabled for now. He expected the other projects to be complete in the next couple months. Robert Soto stated that he will investigate the irrigation on Cays Drive. Supervisor Kish asked for the acreage that Soto’s Lawn Service, Inc. maintains for the CID.
TENTH ORDER OF BUSINESS Utility Operations
A. Utility Report
Mitch Gilbert reported that the plant is running well. He received many complaints of high chlorine. They readjusted the equipment, and he assured the Board that the amount of chlorine was never above the legal limit.
B. Water Meter Changeout Program Update
All of the meters at Orchid Cove had been installed, with the South Hotel and a few residential meters yet to be completed. There have been many complaints of higher bills. Mr. Gilbert stated he had downloaded graphs and presented them to the residents to show that usage was accurately stated.
C. Area Lights and Cameras at Plant Update
The third camera had been installed, and there are two remaining. The fiber optic installation is scheduled for February.
D. Culvert Cleanout Update
Mitch reported that they were finishing up. He stated that the ditch is higher than the culverts and will fill up in the rainy season. The gravel placed in the potholes on Union was washing out. He believed they need to come up with other options.
Supervisor Kish was concerned that the invoices from FUS total $65,000. He asked what is included in the monthly fee and what the extra charges were. Mitch will meet with Supervisor Kish to discuss how to itemize the invoices.
ELEVENTH ORDER OF BUSINESS Engineer Report
A. CIP Report Review
Engineer Schmitt reviewed the report. The Board discussed the drainage in the swales, and which need to be addressed in the near future.
On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board authorized Engineer Schmitt to draw up proposals for the drainage project in Cays and Newport.
B. New Home Construction Issues
Engineer Schmitt and the Board discussed the issue of homeowners putting pavers across sidewalks and driveways. They pose a trip hazard and created issues with ADA compliance. Engineer Schmitt would like an easement agreement for the right of way. Homeowners should take out the pavers or sign a license agreement giving them the responsibility for any incidents that occur.
On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board authorized license agreements to be drawn up and signed by the Chair.
There are also residents that would like to put in docks and gain access across the swale. The Board decided that they would sign easement agreements, the homeowner would sign the agreement, and then they could put in docks.
On MOTION by Vice Chair Holloway, secoded by Supervisor Leishear, with all in favor, the Board authorized signing the easement for docks.
C. Water Tank Inspections
Aquaforce was planning to inspect the fire irrigation tank on January 27, 2022.
D. Cays Sidewalk Flume Bids
They had received two bids and are expecting a third. The Board decided not to take any action until the third bid has been submitted.
E. Stop Signage at US 41 and Newport Drive
The permit for the stop signage had been received with a quote.
On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board agreed that the stop signage project at US41 and Newport is to be completed, not to exceed $1,200.
F. Drainage Easement Lots 89 & 90 and 75 & 76 on Sunset Cay
The homeowners at these two locations, and possibly others, have installed obstructions to drainage inside the easements. A survey needs to be done to identify easements. Another resident is aware that their property drainage is encroaching on someone else’s property. The survey will help in determining what is the CID responsibility, and what is the responsibility of the homeowner.
On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board authorized a survey to be conducted on Lots 89 & 90 and 75 & 76 on Sunset Cay, not to exceed $5,100.
G. Fire/Irrigation Pump Station Project
Engineer Schmitt is working with Mitch Gilbert on the necessary repairs needed on the motor control center, the generator, and the replacement of piping and valves.
H. Drainage Update
An issue was raised concerning the striping in the cul-de-sac at Stella Maris, and if this is not a parking lot, will the CID allow it to be striped for parking. Frank Lee stated there was a complaint from an anonymous resident. Mr. Lee stated that the Master Board had met with the fire department and an engineer, and they were assured that all the requirements had been met for the striping, including allowing adequate space for the turning radius of emergency vehicles. A decision should be made about parking on the cul-de-sac, or if it should be turned into a parking lot. The Board agreed to table this until it is determined if it can be a parking lot.
At this point in the meeting, the Board proceeded with the vote that had been delayed from Agenda Section 8B above.
On MOTION by Supervisor Jensen, seconded by Vice Chair Holloway, with all in favor, the Board accepted Mike Carr as the commercial realtor for Parcel 13 for a one year period.
TWELFTH ORDER OF BUSINESS District Manager Report
A. Monthly Financial Report
District Manager Teague reported that the payments from the tax collector are over 80% collected. Financials are in good condition.
On MOTION by Chair O’Connell, seconded by Vice Chair Holloway, with all in favor, the Board accepted the December 2021 Financials for audit.
B. Historical Issues Book Review with Ron Benson
Ron Benson reported that the history for the district was not exhaustive. He had used minutes and other documents to illustrate the original development of the community. An example he presented from the report was the speculation on the southeast commercial property and the prior high cost of ERCs. In response to Board members questions, he discussed various topics. These included the swale system, drainage and roadways and other infrastructure, the capacity of the wastewater plant and the history of the wells.
Supervisor Leishear wondered if the swale system on the road to Fakahatchee was designed to be a filter. Ron pointed out that District and District Engineers were not the original permittee, but the developer and their engineer were the permittee. He stated that the drainage and roadways in the Cays were paid for in the bond issue. A small area in the northeast corner north of the plant is a wetland. Supervisor Jensen wondered if the new development on the south side can be handled by the wastewater plant, and if it is running to capacity. Ron stated that the POICID originally designated 1032.6 for development, and this included the peak consumption of the hotel.
C. New ERC Methodology Draft Review
Russ Weyer presented a PowerPoint which suggested a process to assign ERUs to all properties at POI based upon common criteria for identifying the benefit on a residential basis. He will provide the report to the Board for review at the next meeting.
On MOTION by Supervisor Jensen, seconded by Supervisor Leishear, with all in favor, the Board set the public hearing on the new O & M assessment methodology at the regular meeting for March 18, 2022.
THIRTEENTH ORDER OF BUSINESS Field Manager Report
A. Field Report
District Manager Teague reviewed the Field Report. It stated that there is silt present in many of the flumes, one silt fence is failing, and all the pipes are at least 25% full.
The Board asked to have the mosquito spraying schedule updated on the website.
B. Other Follow-up Items
i. Cays Drive Monument Painting Updated Proposal
The cost to paint has increased. Therefore, there is a $250 increase in the estimate, making the total $2,500. There was no objection to the price increase.
ii. Newport Drive Monument Painting New Proposal
The cost to pressure wash and paint the monument is $4,500. This will be discussed once the license agreement is completed.
iii. Airplane Club Field Mowing Update
There is no update at this time.
iv. Union Road, Gulf Coast Cays, and Louland Range Signage Replacements
The proposal from Lykins Signtek is in the packet. However, the estimate is for 1 double sided sign, and Field Manager Pepin believes it should be 2 one-sided signs. He is informing Lykins, so there may be a revised estimate.
v. Irrigation Power on Cays Drive
All the power issues at the Cays Drive monuments had been restored.
FOURTEENTH ORDER OF BUSINESS Attorney Report
A. Prepmac Lawsuit Status
No update was given.
B. Cays Drive Monument License Agreement Update
The agreement was revised due to the sale of Parcel B and sent to the property owners. There has been no response as of yet.
C. Non-disturbance and Encroachment Agreement for 199 Cays Drive Ramp across Swale Update
The Engineer has the template for the easement encroachment agreement which can be used for the docks and sidewalks encroachments.
D. Rules Change Update
The public hearing has previously been set for the March 18, 2022 meeting and will be advertised. The Attorney recommended not including E-Everify language in the Rules of Procedure as this is more easily addressed in a less formal policies document, in case the Florida legislature should change this law in future. At the next meeting, the Board will have a rules document with only recent changes, as opposed to an entire new clean and redlined version of the rules.
E. Laws Regarding ATVs/Golf Carts on County Roads
No report was given on this topic, and will be discussed at the next meeting.
FIFTEENTH ORDER OF BUSINESS Old Business
A. Parcel 13
Covered above under the commercial realtor discussion.
B. Meeting with LoCastro on the Possibility of Sale of the Water and Wastewater Facilities to the County
The meeting with Attorney Pires, Engineer Schmitt, and District Manager Teague is scheduled for February 10, 2022.
SIXTEENTH ORDER OF BUSINESS New Business
A. Discussion on Stella Maris North Cul-de-Sac Restriping
This was discussed in the meeting under Agenda Item 11H above.
SEVENTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
There were no Supervisor Requests and/or Comments.
EIGHTEENTH ORDER OF BUSINESS Audience Comments
Mary Beth Stewart sent an online comment concerning the slides and documents shown and discussed in the meetings. She would like them to be shown live, and she also requested that the packet documents be uploaded in GoToMeeting for online attendees.
Deborah Jansen sent an online comment concerning the audio at the meetings. She can hear some speakers from her computer, but not others, and she recommended that the audio system be fixed.
A resident named Lisa stated that she would like to be contacted before sidewalk and driveway pavers liabilities are put on the Agenda.
Karen Williams stated that a lot of money had been spent on the 41 median. She sees that area as dangerous. She suggested that the Board should negate the DOT agreement to save money and save on landscaping. She would also like better and more friendly communication between the Board and residents, so that issues are not heard through the grapevine.
NINETEENTH 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 4:01 p.m.
The Next Regular Meeting is on February 18, 2022 at 9:30 a.m.