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Amended Meeting Minutes for July 9, 2021

Port of the Islands
Community Improvement District

The meeting of the Port of the Islands Community Improvement District was held on Friday, July 9, 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:
Russell Kish – Chair
Teri O’Connell – Vice Chair
Ray Jensen – Assistant Secretary
Michele Holloway – Assistant Secretary
Sam Leishear – Assistant Secretary

Also present (or by web conference) were:
Anthony Pires, Jr. – Attorney
Lenore Brakefield – Attorney
Robert Soto – Soto Lawn
David Schmitt – Engineer
Mitch Gilbert – FL Utility Solutions
Christopher Dudak – Assistant to the District Manager
Nancy Dudak – Premier District Management
Mosquito Control
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 meeting was called to order by Cal Teague from PDM, and all Board members were present. Also in attendance were Robert Soto, David Schmitt from Hole Montes (Engineers), Mitch Gilbert from FUS, Tony Pires and Lenore Brakefield, the District’s legal counsel. Nancy Dudak and Christopher Dudak participated via web conference.

SECOND ORDER OF BUSINESS Pledge of Allegiance

THIRD ORDER OF BUSINESS Approval of the Agenda

The Board reviewed the Agenda.

On MOTION by Supervisor Holloway, seconded by Vice Chair O’Connell, with all in favor, the Agenda was approved with the following changes: the addition of Amendments 6Ai and 6Aii: two new proposals from Soto’s Lawn Service, 7A: Florida Utility Solutions report, 9B: the District Manager’s review of the ERC methodology, 12Aii: two commercial real estate proposals for Parcel 13, and the addition of 16A: Closed Door Session with District Attorney on Pending Litigation Involving Prepmac LLC and Alligator Boyz LLC, and 16B: Consideration of Actions/Directions to Discuss Attorney and District Manager concerning Litigation Involving Prepmac LLC and Alligator Boyz LLC.

FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items

There being none, the next Order of Business followed.

FIFTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes from June 11, 2021

The Board reviewed the previous Meeting Minutes.

On MOTION by Supervisor Holloway, seconded by Vice Chair O’Connell, with all in favor, corrections were made changing HOA at Villages at Stella Maris to COA. Other changes included the addition of “with all in favor” on the Motion on line 91, changing Supervisor Holloway to Supervisor Jensen on line 93, and changing “he” to “Attorney Pires” on line 104.

SIXTH ORDER OF BUSINESS Landscape Maintenance

A. Landscaper Notes

Mr. Soto reviewed his summary of the ride-around with Supervisor Holloway. He said there was a tree that needed replacement for about $150. On the east side of the 41 median, he would like to fill it in with some grass, which he wants to keep native.

i. New Landscape Proposal for Cays Dr.

This item was approved.

ii. New Landscape Proposal South Side 41 Median

This item was approved.

B. Hardwood Tree Trimming Update

This work was completed.

C. Cays Drive Hose Spigot Proposal

This item was completed.

On MOTION by Supervisor Jensen, seconded by Supervisor Holloway, with all in favor, the Board approved the above Landscaping projects.

SEVENTH ORDER OF BUSINESS Utility Operations

A. Utility Report

Mr. Gilbert reported that the invoice is supposed to be $48,000, not $8,000, as it was a clerical error. The water plant and the wastewater plant are running well. He will present some issues that require attention at the next meeting. 

B. Water Meter Changeout Program Update

Mr. Gilbert said he is increasing staff to complete the changeout by the end of the month. The District Manager explained that PDM will get daily meter changes to properly record billing.

C. FUS CIP Priorities List

He said he will set up a meeting with the Engineer to prioritize utility needs.

EIGHTH ORDER OF BUSINESS Engineer Report

A. CIP Review

The Engineer also stated that he has to catch up with Mr. Gilbert on this issue.

B. New Home Construction/Drainage/Sidewalk Damage Issues

i. Silt in Gutters in Multiple Locations

He continues to monitor new home construction.

C. Sinking Sewer Cleanouts Responsibility Determinations

The Engineer shared his report with the Board, including a description of needed repairs.

D. Stella Maris Drive Asphalt Repairs Proposals

The Engineer said several bids are due on 7/19 for base repairs, and a more comprehensive repair.

E. 199 Cays Drive Fence Request Review

The Engineer denied the request, but the District Manager said the request was withdrawn.

F. 174 Cays Drive Dock Permit Request

The District Manager stated that he sent an approval letter to the contractor contingent upon the owner acknowledging that they are not approved to build anything in the easement and nothing can obstruct the flow of water. A letter of understanding was sent and received from the owner stating that he understood the terms of approval by the CID.

G. Cays Drive – Wilderness Cay Curve(added during meeting)

The Engineer sent a memo on June 14 to the District Manager referencing the curve at the south end of Cays Drive to Wilderness Cay. There has been at least one incident of a vehicle leaving the pavement at this location and there is no streetlighting or warning of a curve. The Minimum Uniform Traffic Device (MUTD) provides guidance for signs of these locations. He recommended that three chevron type signs be posted at the curve facing southbound traffic. Eastbound signage is not needed since vehicles typically travel at lower speeds, according to his memo.

On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Board voted to add three chevron type signs to be posted at the curve facing southbound traffic on the Cays Drive to Wilderness Cay curve.

NINTH ORDER OF BUSINESS District Manager Report

A. Monthly Financial Report

The meeting was earlier than the period of time needed to prepare the report, so it will be sent out next week.

B. ERC Methodology Report

The District Manager presented a summary of the current policy and calculations for ERC assignments. He said the Engineer and Developer identify how much capacity a single ERC would be. After discussion and review, no action was requested.

C. Draft Newsletter on Meter Testing Fees & Easement Restrictions for Board Review

It was decided to include the newsletter in the next utility bills.

TENTH ORDER OF BUSINESS Field Report

A. Field Report

The District Manager suggested that the Board send him questions about the Field Report they each received.

B. Other Follow-up Items

i. Cays Drive Landscape Lights Repair Update

It was reported that Excel Electric has not been able to locate a matching light fixture, so they were asked to submit a new proposal to replace it with a similar style.

ii. Monument Painting Proposal

The Field Manager is on vacation, but said he can do the painting for $1,200 to $1,500, including pressure washing the wall and painting it with the same Sherwin Williams colors that were used on the Newport Dive entrance.

Mosquito Control gave a presentation. It will be referenced under New Business.

ELEVENTH ORDER OF BUSINESS Attorney Report

A. Prepmac Lawsuit Status

This will be addressed in a closed session.

B. Florida House Bill 53

The Attorney explained that this bill was signed by the Governor last week concerning communities that have stormwater management responsibility.  It states that all CID’s/CDD’s must create a stormwater management needs analysis with five-year updates to be submitted by July 2022.

TWELFTH ORDER OF BUSINESS Old Business

A. Parcel 13: Next Steps in Sale of Property

i. Appraisal

The Appraisal was not yet available, but will be presented at the next meeting.

ii. Commercial Real Estate Broker Proposals

Three proposals have been received. Two were in the packet, and one was received yesterday. These were tabled until the Appraisal of the property is available.

iii. Brian Jones Offer

Mike Carr, realtor, presented Mr. Jones’ offer of $2.1 million for an RV park. After commentary from Supervisor Jensen about the last offer for an RV park, Mr. Carr asked if the Board has developed written criteria for their standards.

Supervisor Leishear stated that they need the Appraisal before they discuss this further.  Chair Kish stated that the Board should put on paper their requests/expectations.  The Board will table the discussion on this offer until the Appraisal is reviewed.

B. Commercial Pool Water-Only Meter Discussion

The Board discussed their six commercial pools. They discussed allowing Orchid Cove to install a water-only meter for their pool.

On MOTION by Supervisor Jensen, seconded by Supervisor Leishear, with all in favor, the Board voted to waive the connection fee and have a water-only meter fee for the Orchid Cove pool.

C. Rules Change Meeting Discussion

The Attorney will work on the language for a rule change for the next meeting. 

THIRTEENTH ORDER OF BUSINESS New Business

A. Mosquito Discussion

The Mosquito Board stated that their goal is to protect public health from mosquito borne illnesses. They discussed expansion of the District to include POI and answered questions from the Board and audience members. They are considering a Resolution to ask the State legislature to adopt legislation for the expansion. Their stated goal is to expand the District to include POI which could happen as early as October 2022.

FOURTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

  • Supervisor Jensen commented that mosquito spraying is occurring at sunset and sunrise.   He said that the problem is people walking their dogs when spraying occurs.   He suggested that spraying should happen in the morning. 
  • Supervisor Leishear said that if scientific evidence suggests the best time to spray is in the evening, they should spray in the evening. The Board agreed to continue spraying in the evening only within an hour of sunset. It was asked if this information can be posted on the Nextdoor app.
  • Supervisor Holloway thanked Collier Mosquito Control District for their presentation, which had been at the suggestion of Bob Garbo.
  • Supervisor Leishear asked if someone could look at the audio visual to see what can be done to improve the sound. The District Manager explained that he did not realize the sound was projected through the projector. Mr. Dudak addressed the options they have. The Board agreed to try it for one more month before they make changes.
  • Chair Kish would like to have the Fire Marshal and County Commissioner LoCastro attend a future CID meeting to explain or discuss the fire services charge to POI.   

FIFTEENTH ORDER OF BUSINESS Audience Comments

  • Several comments were made about mosquito spraying, and someone thanked the Board for their work.
  • One resident asked if Parcel 13 could be used as a natural preserve. Vice Chair O’Connell stated that they cannot afford to do that, and said that they have not collected on the parcel for about five years. She also explained the maintenance costs that would be incurred. Supervisor Jensen said that, while he is personally in favor of it, the CID will incur $7 million in repairs in the next five years, and needs to fund them. He also stated that nobody wants their taxes to increase. He further explained that, after getting the appraisal, they are going to sign up with a commercial realtor to market the property.

SIXTEENTH ORDER OF BUSINESS Closed Session for Discussion with District Attorney on Pending Litigation

The Board went into closed session with the Attorney at 1:25 p.m. to discuss litigation. The open session resumed at 2:19 p.m.

The sealed transcript will be submitted to the District Manager in a reasonable time and will be made part of the public record at the conclusion of the litigation. 

A. Consideration of Action/Directions to Districts Attorney and District Manager Concerning Litigation involving Prepmac LLC and Alligator Boyz LLC

The Attorney recommended that the Board not accept the current offer on the table and to continue settlement discussions.

On MOTION by Supervisor Leishear, seconded by Supervisor Holloway, with all in favor, the Board accepted the Attorney’s recommendation to reject the current offer concerning litigation involving Prepmac LLC and Alligator Boyz LLC and to continue settlement discussions.

SEVENTEENTH ORDER OF BUSINESS Adjournment

There being no further Orders of Business, and

On MOTION by Supervisor Holloway, seconded by Supervisor Leishear, with all in favor, the meeting was Adjourned at 2:21 p.m.

Next Regular Meeting and Budget Public Hearing: Friday, August 13, 2021 at 9:30 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair