Amended Meeting Minutes for November 19, 2021
Port of the Islands
Community Improvement District
The meeting of the Port of the Islands Community Improvement District was held on Friday, November 19, 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:
Cal Teague – District Manager
Anthony Pires, Jr. – Attorney
David Schmitt – Engineer
Mitch Gilbert – Florida Utility Solutions (FUS)
Robert Soto – Soto Lawn Service
Scott Prepham – Louisville Title Company
Steve McNamee – Resident
Marcene – Resident
Audrey Sanders – Orchid Cove 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 Kish and all Board members were present. Also at the meeting were Cal Teague, District Manager, Anthony Pires, the Attorney, David Schmitt from Hole Montes Engineering, Mitch Gilbert from FUS, and Robert Soto from Soto Lawn Service, Scott Prepham, Louisville Title Company, and Steve McNamee, Resident. Audrey Sanders, Orchid Cove Resident, Marcene (who did not provide her last name), and Christopher Dudak from PDM participated via web conference.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Chair Rotation Discussion
- An item was requested by Supervisor Jensen, who felt that the Chair position of the Board should rotate annually.
- Chair Kish began by informing the Board about a meeting he had with a landowner and Attorney Pires without the knowledge of District Manager Teague or the Board. The purpose was to prevent a potential breach of Sunshine laws when Mr. McNamee requested records, and a subsequent threat of a lawsuit against District Manager Teague for not cooperating as Mr. McNamee requested. Board members expressed concern that they were not informed about the meeting, and about the resulting legal fees incurred.
- After much discussion, the Board agreed to make a change in the Chair and Vice Chair, and to further consider changing the Chair after every election, and possibly on an annual basis. Vice Chair O’Connell was nominated for Chair. Supervisor Holloway was nominated for Vice Chair.
- Attorney Pires commented that the Agenda would need to be amended to allow this action.
On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Board accepted the nomination of Vice Chair O’Connell as Chair, effective at the next meeting date of December 17, 2021. The Board accepted the amended Agenda as presented, including the reorganization of the Board.
Vice Chair O’Connell nominated Supervisor Leishear as Vice Chair, with no second.
On MOTION by Chair Kish, seconded by Supervisor Jensen, with all in favor, the Board accepted the nomination of Supervisor Holloway as Vice Chair, effective at the next meeting on December 17, 2021.
Attorney Pires reminded the Board that the previous changes in Board positions will be ratified with a reorganization resolution, which will be presented at the next meeting.
FOURTH ORDER OF BUSINESS Approval of the Agenda
Include 10G – ERC Transfer Request. The amended Agenda was accepted in a previous motion.
FIFTH ORDER OF BUSINESS Audience Comments on Agenda Items
Rick Swope from 167 Cays asked about a letter he had sent, and which District Manager Teague had forwarded to the Board, concerning the sale of Parcel 13. He felt that the community is being forced to sell this parcel, even though the District has no debt and has a solid financial position. He believes that the Board should wait to sell it. The Board stated that the reason for selling it is the income it will generate, and that it will help alleviate delays of capital and maintenance expenses.
SIXTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for October 15, 2021
Change Line 34 “a lot” to “a lot of land” to avoid confusion.
Change Line 99 from “HOA” to “COA”.
Change Line 143 to “based on a 3 down to 1 reduction or ERCs when completed with an occupancy permit from the county”. Strike the rest.
On MOTION by Supervisor Leishear, seconded by Vice Chair O’Connell, with all in favor, the Board accepted the Draft Meeting Minutes of October 15, 2021, as amended.
SEVENTH ORDER OF BUSINESS Landscape Maintenance
A. Landscaper Notes
Robert Soto reviewed his report and presented several proposals for consideration:
- His crew will be mowing the retention area. This had not been previously completed due to water saturation.
- He submitted a Palm Tree trimming proposal.
- There are also proposals for Firebush installs on US 41 and near the bridge area.
- Mr. Soto stated that there has been some irrigation damage from a truck going through the median on October 27, 2021. The Board would like to see the police report and determine if there are options for reimbursement of repair expenses.
B. Union Road Median Plantings Proposal
Robert presented proposal #4657 to relandscape the median at Union Road, which is the entrance to Orchid Cove. He recommended the placement of sod, rather than plantings.
On MOTION by Supervisor Holloway, seconded by Supervisor Leishear, with all in favor, the Board accepted Proposal #4657 to landscape the median at the north side of Union Road at US 41 for $5,876.50, as presented.
C. Any New Proposals
Robert presented three new proposals.
On MOTION by Supervisor Leishear, seconded by Supervisor Holloway, with all in favor, the Board approved Proposal #4663 to trim the palm trees, at the cost of $3,654, Proposal #4664 for landscaping the washed out area on the west side of the 41 median, at the cost of $1,044, and Proposal #4665 for landscaping on the portion before the bridge on the west side of the US 41 median, at the cost of $666.
Supervisor Jensen complimented Soto Lawn Service for the previous trimming of the palms.
District Manager Teague requested that the mowers be careful not to mow the cannas along the retention ponds.
EIGHTH ORDER OF BUSINESS Utility Operations
A. Utility Report
Mitch Gilbert from Florida Utility Solutions (FUS) presented and summarized his report:
- He commented that they are manually filling the reuse tank to prevent overflowing. The inflow PLC has been ordered and will be installed when it is received.
- During the wastewater plant inspection E.coli were observed. He stated that FUS took 20 samples, and they were sent to two different labs. The result was that they all tested negative. He emphasized that the community’s potable supply of water was at no time at risk of contamination.
- Supervisor Jensen wondered if there has been an increase in sheet flow on the north wellfield. Mitch stated that there has been, and also that those main supply lines from the wells could be underwater in the future. Mitch observed that this could be caused by an environmental project north of Port of the Islands, which is designed to bring back sheet flow. It was suggested that the road could be raised so that the supply lines would not be underwater.
- Chair Kish commented on Mitch’s invoices. He stated that he was not disputing the prices, but he felt that the parts and labor should be listed separately. Mitch explained how the line items are presented, such as, where they reflect contract prices, when labor hours are outside the contract, and where parts are needed. Chair Kish felt that his concerns were alleviated after Mitch’s explanation.
- It was requested that all ongoing contracts that were sent to Chair Kish be sent to the rest of the Board.
B. Water Meter Changeout Program Update
All have been completed except the larger meters. He is still waiting on delivery and hopes to have the project completed by the end of the year.
C. Sinking Sewer Cleanout Repairs
This project has been completed.
D. Orchid Cove Backflow Preventer Repairs Update
This project will be completed by the next meeting.
E. Area Lights and Cameras at Plant Update
The lights, light ballasts, and cameras should be installed by the next meeting. Three cameras have been installed so far.
NINTH ORDER OF BUSINESS Engineer Report
A. New Home Construction/Drainage/Sidewalk Damage Issues
Engineer David Schmitt reviewed his report and several items were discussed:
- He put a spreadsheet in the packet outlining the progress on 16 new homes under construction.
- The resident at 199 Cays Drive has requested a ramp across the swale for accessibility by a wheelchair. He was asking for a conceptual agreement from the Board. Attorney Pires explained the legal requirements, and he has a template to accommodate this request. This could be advantageous for the resident and the District, because they maintain drainage designs.
On MOTION by Supervisor Holloway, seconded by Vice Chair O’Connell, with all in favor, the Board agreed that Attorney Pires will create a non-disturbance and encroachment agreement for 199 Cays Drive.
- There is a drainage issue on Sunset Cay, because the easement was not identified properly. It needs a 6′ easement agreement to bring it into conformity with the current drainage swale designs.
- Other drainage issues were discussed, and Engineer Schmitt is monitoring them.
i. Joe the Builder Cleanup Issues
This was a concern made by Vice Chair O’Connell regarding construction material. If seen in the future, the Board will contact District Manager Teague. Pictures will be taken by Board members and sent to Code Enforcement by District Manager Teague and Staff.
B. Drainage Concerns Along Cays and Newport Drive
- Engineer Schmitt submitted a field report after a big rain. This report pointed out that some swales need to be reestablished. He would like to delay these repairs until all new home construction on Cays Drive is completed. His priority is to complete the repair on Newport and Morning Star first, then on Cays Drive when the constructions are completed.
- District Manager Teague recommended that the Board authorize Engineer Schmitt to place elevation stakes in the swales, so developers have that information. He will send out Field Manager Pepin to place them, which will save money.
- Upon Supervisor Jensen’s comment, road stone piles will be purchased for the Union Road potholes. Hole Montes will get the material, have it placed in a pile, and it will be spread by Mitch Gilbert.
C. Bid Specifications for New Generator and Control Board
This is still being developed.
D. Reevaluate Ownership of Stella Maris Stormwater System
According to various agreements in the past, the CID has not had control over the stormwater system in Stella Maris. This was controlled by a condo or Property Owners Association (POA). Initially the developer plans included condos, and the utilities were private. The Board agreed that there should be parity, because the CID controls this system in all other areas of the community. The Board agreed that the CID should take over ownership of the stormwater system and all other systems not controlled by the CID. Engineer Schmitt stated that if the CID takes over all the permits, easements, and structure areas, the roads could be a problem, because the condos have common areas and the roads cannot be transferred.
On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Board agreed that Engineer Schmitt and Attorney Pires will research the systems not being maintained by the CID at Stella Maris, and any permits in a POA’s name. Engineer Schmitt will identify the costs to maintain them.
E. Statutory Requirements on Stormwater and Wastewater
- A schedule for the requirements of House Bill 53 was prepared by Staff, and was handed out in the packet.
- Engineer Schmitt included the template for stormwater. The wastewater template has not been prepared as of yet. He sees no problem with meeting the deadline.
- A resident of Evening Star Cay asked if this area has the same situation as Stella Maris, regarding the maintenance responsibilities. She was informed that it does not. Also, she would like a bridge across the swale behind her house. Attorney Pires will research this.
- Chair Kish would like a better breakdown in the Hole Montes invoices. Engineer Schmitt will add more detail in next month’s invoices.
TENTH ORDER OF BUSINESS District Manager Report
A. Resolution 2202-01 FY 2021 Budget Amendment
The auditors will want an amendment for overruns. There is an overrun for the engineer for preparing the CIP update. Mosquito spraying went over $37,000. The capital outlay for the utility meters changeout was charged to the water sewer fund, not the general fund. The total expenses to be amended is $79,438.
On MOTION by Supervisor Leishear, seconded by Supervisor Holloway, with all in favor, the Board adopted the Resolution 2202-01 FY 2021 Budget Amendment.
B. Monthly Financial Report
The Board would like to be informed of likely Budget overruns, so they can be identified when the next Budget is developed.
On MOTION by Vice Chair O’Connell, seconded by Supervisor Holloway, with all in favor, the Board accepted the October 2021 Financial Report, as presented.
C. Historical Issues Book Update
District Manager Teague informed the Board that it should hopefully be completed by next month. Supervisor Jensen would like Ron Benson to be at the meeting when it is presented.
D. Discussion on Board Incurring Legal or Engineering Expenses
The whole Board would like to be informed by email when a Supervisor has a request that would incur legal or engineering expense. This is for information only, not for approval. Attorney Pires and Engineer Schmitt explained that they have legal requirements to represent the Board, despite what is directed or decided by District Manager Teague.
E. Airplane Club Field Mowing Update
District Manager Teague reported that the mowing was to be completed at the end of October and each following weekend, but it is delayed due to water saturation. Cliff MacMorris is also considering the request to spread gravel on Union Road potholes, if the CID provides the gravel. Mitch Gilbert has agreed to spread the gravel, so they can remove the request from the Model Airplane Club.
F. Irrigation Line Lightning Strike Insurance Claim
The claim was submitted on October 28, 2021 and is currently being researched by Egis Insurance Company.
G. ERC Transfer Report
Steve MacNamee requested to transfer 8 utility ERCs and 6 O&M ERCs from Parcel A to Parcel B, both of which he owns. This application was submitted to District Manager Teague, and he forwarded it to Engineer Schmitt and Attorney Pires.
On MOTION by Supervisor Leishear, seconded by Vice Chair O’Connell, with no vote, there was a request to suspend any discussion on ERCs until new rules are completed, except for those currently authorized.
- Because Mr. MacNamee’s request was covered by the current rules and is not to be considered for change, the motion was withdrawn.
- Engineer Schmitt and Attorney Pires have 10 days to review the request and send a recommendation to the Board. The Board agreed to extend this meeting to December 3, 2021 to expedite the response to this request.
District Manager Teague broached the subject of mosquito spraying. He asked the Board if they would like to continue spraying if the number of mosquitos has gone down. If not, the spraying will end at the end of the month. The Board would like to see it continue 3 days a week, and they would like the contractor to determine the frequency and intensity.
District Manager Teague also stated that Clarke will be coming to fix the remote controls and calibrate the sprayers.
A resident asked about the spraying by the Collier County Mosquito Control District (CCMCD). District Manager Teague stated that the Collier County Commissioners rescinded the previous resolution, so a new resolution was presented. The CCMCD Manager and Commissioner LoCastro stated that Port of the Islands was still included and spraying could be implemented in October.
ELEVENTH ORDER OF BUSINESS Field Manager Report
A. Field Report
- Because of the length of the meeting, District Manager Teague asked if the report could be delayed. The Board agreed, and if they have any questions, they could email District Manager Teague.
- Chair Kish wondered why the District is being charged for its own irrigation water, as he has noticed on the invoices. District Manager Teague explained that this is required by the auditors.
B. Other Follow-up Items
i. Cays Drive Landscape Lights Repair Update
Boring for conduit has been completed, and Excel Electric is scheduled to return on November 22, 2021 to run the new wiring.
ii. Cays Drive Monument Painting Updated Proposal
Marco Island Painting provided a proposal for $2,100 to pressure wash, seal, and paint the walls. This will be reconsidered after the legal issues are resolved.
TWELFTH ORDER OF BUSINESS Attorney Report
A. Prepmac Lawsuit Status
Attorney Pires reported that the status remains on hold. Nothing is happening currently.
B. Cays Drive Monument License Agreement
- He sent the agreement on November 15, 2021, but it was not in the packet. There were still some questions, which will be discussed at the continued meeting.
- Attorney Pires also commented that he found documentation concerning zoning requirements, at Port of the Islands. David Weeks of Collier County had provided him a copy of the July 2, 1985 DEO/POI agreement which he found interesting, and a copy of the agreement will be provided to the Board.
THIRTEENTH ORDER OF BUSINESS Old Business
A. Parcel 13
i. LOI from Scott Prepham
- Attorney Pires noted that Scott Prepham was present at the meeting as this is his topic being discussed.
- Upon discussion with Attorney Pires, Supervisor Jensen stated that he will recuse himself from votes on issues associated with Scott Prepham, and that he must state his conflict of interest. According to Attorney Pires, this is because both Supervisor Jensen and Mr. Prepham have their real estate licenses with Port of the Islands Realty. He will also recuse himself from any Board action accepting or rejecting the LOI. It is also prudent that Supervisor Jensen refrain from any discussion of the issue.
- After discussion, the Board would like to move forward with a Realtor. The Board wondered if the CID could legally allow Mr. Prepham to take action without going to the Realtor. Attorney Pires recommended that the LOI not be signed, because it could reflect poorly on the community’s reputation if the proposed agreement with LandQWest is rejected.
- The Board agreed to reject the LOI and move forward with a real estate agreement. It was also agreed that Mr. Prepham could go through the Realtor to submit a proposal.
On MOTION by Vice Chair O’Connell, seconded by Supervisor Leishear, with all in favor, with Supervisor Jensen abstaining, the Board agreed to reject the LOI, and proceed with a real estate agreement.
ii. LandQwest Listing Agreement
Attorney Pires submitted a redlined version of the listing agreement in the packet.
On MOTION by Supervisor Leishear, seconded by Supervisor Holloway, with all in favor, the Board accepted the agreement, as amended, allowing the Chair to sign the agreement after Attorney Pires updates the agreement.
The Board asked that there be a requirement that monthly reports be presented to the Board concerning the progress of selling the property.
iii. How to Proceed
See the previous discussion.
B. Rules Change Updates
Attorney Pires had submitted a redlined and clean version of the proposed rule changes, which was sent to the Board separate from the packet.
On MOTION by Supervisor Leishear, seconded by Suprvisor Holloway, with all in favor, the Board agreed to have a public hearing on January 21, 2022 at 11:30 a.m. to discuss the rules changes.
C. New ERC Methodology Update
The O&M methodology is still being prepared, and Attorney Pires stated that it will not affect the rules changes. A public hearing will be held on this issue. The hearing could be in January, but the Board will wait to schedule it. A draft will be presented at the next meeting.
D. Online Meetings
i. Professional Audio Proposal
A proposal was presented by GammaTech, at the request of Supervisor Leishear, to ascertain what a professional audio system would cost. The proposal totaled $20,212.37. The Board discussed whether Orchid Cove would consider cost sharing. Jesse of GammaTech can present the proposal at the next meeting.
ii. Online Archive of Meeting Recordings
There is currently one year’s archive on the Port of the Islands website, so no one needs to request a link to view previous meetings on the Go to Meetings site. However, this disappears after 12 months. Comparatively, the Zoom site has infinite storage capacity, but the cost is prohibitive. Zoom costs $20,000 per year. Another option is to use YouTube for permanent online storage of all meeting videos. The Board agreed to use YouTube for the archive of meeting videos.
FOURTEENTH ORDER OF BUSINESS New Business
A. Discussion on Sale of the Water and Wastewater Facilities to the County
The Board discussed the sale of the utility plant to the County. The Board agreed to request that Commissioner LoCastro ask the County utilities for a meeting to discuss the issue, on a preliminary basis only.
On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with three in favor, and Chair Kish and Vice Chair O’Connell opposed, the Board agreed to send a letter to Commissioner LoCastro, asking him to request a meeting with County utilities and zoning to discuss the sale of the utility plant on a preliminary basis.
FIFTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
There were no Supervisor Requests and/or Comments.
SIXTEENTH ORDER OF BUSINESS Audience Comments
- Kathryn Kehlmeier stated that the stop sign on Newport Drive is hidden, and the “Stop” painted on the street is faded. Engineer Schmitt will look into it, and he suggested that another stop sign could be added. When asked if this is a DOT right of way, District Manager Teague stated that it is not.
- Deborah Jansen on Sunrise Cay requested that there be a representation of residents when the Board is meeting with Commissioner LoCastro. She is in the process of requesting a meeting with him.
Chair Kish left the meeting at 1:37 p.m.
- Deborah Jansen also stated that when the Board is looking at the CIP, she would like there to be more community input on prioritizing CIP issues, and that there be a reserve fund for each item. She offered to create a spreadsheet and disseminate it throughout the community. The Board commented that this information is on the website and is readily available. Her concern was that there are residents who would rather have their assessments increased, rather than have an RV park.
SEVENTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Holloway, seconded by Vice Chair O’Connell, with all in favor, the the Board agreed at 1:50 p.m. to continue this meeting to December 3, 2021 at 9:30 a.m. to consider 10G and 12B.
The Continued Meeting is on December 3, 2021 at 9:30 a.m.
The Next Regular Meeting is on December 17, 2021 at 9:30 a.m.