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Amended Meeting Minutes for October 15, 2021

Port of the Islands
Community Improvement District

The meeting of the Port of the Islands Community Improvement District was held on Friday, October 14, 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
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
Robert Soto – Soto Lawn Service
Christopher Dudak – PDM Client Services Manager
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 Chair Kish and all Board members were present, except Michele Holloway. Also at the meeting were Cal Teague, District Manager, David Schmitt from Hole Montes Engineering, Mitch Gilbert from FUS, Robert Soto from Soto Lawn Service. Tony Pires, Attorney, and Christopher Dudak from PDM participated via web conference.

SECOND ORDER OF BUSINESS Pledge of Allegiance

THIRD ORDER OF BUSINESS Statement by Supervisor Jensen

  • Supervisor Jensen stated that he is now a licensed realtor for Port of the Islands. He believes he should recuse himself from voting when any item is concerning real estate agent Scott Prepham, because Supervisor Jensen and Mr. Prepham are both listed as licensed real estate agents with Port of the Islands Realty.
  • Supervisor Leishear asked if he can discuss items without voting. Attorney Pires stated that he will investigate the rules on particular issues such as this. The Florida Commission of Ethics is the ultimate arbiter in this matter.
  • District Manager Teague stated that this might be an issue in closed sessions.
  • Chair Kish wondered what the working relationship would be.
  • Attorney Pires stated that it may come down to the appearance of a conflict of interest. He will investigate this matter and report back to the Board.

FOURTH ORDER OF BUSINESS Approval of the Agenda

13B was added Appointment of District Registered Agent
15C was added Union Road Median Plantings Request from Orchid Cove

On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Board approved the amended Agenda as presented.

FIFTH ORDER OF BUSINESS Audience Comments on Agenda Items

  • Frank Lee wondered if there can be a “Go to Meetings” link for each Port of the Islands meeting on the website. The Board will investigate this.
  • Lisa Hanson wondered who owns and maintains the sidewalks. District Manager Teague stated that the CID owns them. Vice Chair O’Connell stated that if a builder damages them, they will repair them after the project is complete. Normal repairs are completed based on Field Manager Pepin’s report.
  • Ms. Hanson also asked if it is possible for the CID to enforce the speed limit on canals. The Board stated that this is a County issue.

SIXTH ORDER OF BUSINESS Parcel 13

A. Commercial Real Estate Company Interviews

i. 9:30 – 9:40: Chip Olson, RE1

  • Mr. Chip Olson stated that he has had 30 years of experience, and that he has previously worked with CDDs.
  • He recommends an RV Park be the primary focus for development.
  • Supervisor Jensen wondered if a hotel is an option. Mr. Olson stated that the market is saturated, and no financing is likely.
  • Chair Kish stated that there have been two failed RV Parks. He wondered how the ERCs would affect marketing.
  • Supervisor Leishear stated that there would need to be an elevation study, and that the 50 acres might need filling in the beginning. Mr. Olson stated that all developments need fill, so there is always demand for it.

ii. 9:40 – 9:45: Jeff Buckler, Lee and Associates

  • Supervisor Jensen asked Jeff Buckler what has sold in the last 6 months. He stated that there was 1.2 acres with a building which sold at $1.2 million.
  • Mr. Buckler also suggested a high end RV Park. He also felt that a community with single family homes and condos which has amenities, including a park and a pool, could be considered.
  • Chair Kish wondered how much land is in Collier County now. Mr. Buckler stated that there is a lot of land, but it is in smaller parcels, usually under 5 acres.
  • Vice Chair O’Connell explained ERCs. Mr. Buckler stated that all properties have costs for development.
  • District Manager Teague stated that the Board is open to negotiating terms.
  • Supervisor Leishear stated that equestrian and agriculture do not bring in revenue, and revenue is the goal. He is less amenable to that option.

iii. 9:45 – 9:50: Michael Carr, CBC

  • Michael Carr stated that he has been here for a long time and has had $30 million is sales. He stated that he sold the N. Fort Myers drive-in/flea market.
  • Mr. Carr suggested that the land be sold for something RV related. If an RV Park is built, there should be gas and food nearby. That is not available at Port of the Islands. Because of that, he recommended that only some of it be sold for an RV Park.
  • He stated that he would be open to other types of development, and he would see what buyers are interested in.
  • Supervisor Jensen stated that there is a 10 acre zoning variance in the Parcel. He asked about the possibility of a hotel.
  • Mr. Carr stated that there is currently no industrial land available in Collier County.

iv. 9:50 – 9:55: Fred Kermani, CRE

  • Fred Kermani stated that he has had a lot of experience. District Manager Teague pointed out that it is outlined in the handout.
  • Mr. Kermani recommended affordable housing. Chair Kish asked what he meant by affordable housing, and Mr. Kermani stated that it would be Section 8.

v. 9:55 – 10:00: Michael Price, LandQuest

  • Michael Price has had $30 million in gross sales this year, with a recent parcel of 1,200 acres sold. He works mainly in Sarasota County and down to Marco Island. He has expanded to Charlotte and DeSoto Counties recently. His company is not an international company. He lives in Fort Myers and has offices in Naples and Fort Myers.
  • He has relationships with all national builders.
  • His background is mainly residential.
  • He works with the seller, and he stated that he evaluates the sale on his interaction with the seller.

B. How to Proceed

The Board decided to make a decision at the end of the meeting.

SEVENTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes from September 10, 2021

Page 13, Line 103, Orchid Cove should be capitalized and strike the word “the”.

B. Draft Workshop Minutes from September 17, 2021

Page 18, Line 56, Tony Pires should be changed to Chair Kish.

On MOTION by Supervisor Leishear, seconded by Chair Kish, with all in favor, the Board approved the Draft Meeting Minutes from September 10, 2021, and the Draft Workshop Minutes from September 17, 2021, as amended.

EIGHTH ORDER OF BUSINESS Landscape Maintenance

A. Landscaper Notes

  • Robert Soto from Soto Lawn Service gave his monthly report from his ride around with Supervisor Holloway.
  • He reported that the seagrapes have been trimmed, but he still has to trim some outside of Newport Drive.
  • He also stated that, due to the ending of the rainy season, the amount of mowing will be reduced, starting in November, to every other week.
  • Mr. Soto stated that he has had weeds sprayed on the west side of Hwy 41, and that he needs to replace some Indian Hawthornes there.
  • There was a question about how the CID came to be responsible for the maintenance of the Hwy 41 median. Resident Kathryn Kehlmeier stated that the State put in the landscaping, and the CID agreed to maintain it, which was confirmed by District Manager Teague.
  • Mr. Soto commented that the new landscaping recently installed is doing well.
  • He is monitoring the water levels in the WWTP retention basin to determine when the cutting can occur.
  • Vice Chair O’Connell wondered if the Ganoderma had spread after the diseased palm was removed. Mr. Soto stated that he is monitoring the spread to several palms.

i. New Proposals

Although there are no new proposals, the Board decided that this will be a permanent Agenda item, in case last minute proposals come from Soto Lawn Service. Mr. Soto stated that he will submit several proposals on Newport at the next meeting.

NINTH ORDER OF BUSINESS Utility Operations

A. Utility Report

Mitch Gilbert from Florida Utility Solutions (FUS) handed out his monthly report and summarized what has occurred and the status of various issues. The following items were discussed:

  • The estimates for the control panels for lift stations 4 and 6 are in the packet. He estimated the cost for both to be $72,960. The pumps are in good condition. Engineer Schmitt asked if there is a need for elevation analysis. Mr. Gilbert will look into this.
  • Concerning the fire pump station, the controls are in need of replacement. It is the #1 priority at this time. It is projected to cost $94,000 for a new panel with installation.
  • He was asked about the generator at the fire pump station, and he responded that it was old and in need of replacement, with a new control board. When asked what the cost would be, he stated that he estimates the cost to be in the $250,000 range.
  • The Board authorized the staff to prepare requests for proposals for a new generator and control board, and for Engineer Schmitt to approve the specifications before soliciting bids.
  • Mr. Gilbert also reported that there was a water main break from a lightning strike. District Manager Teague stated that a claim will be submitted if the repairs exceed the $2,500 deductible.

On MOTION by Supervisor Jensen, seconded by Supervisor Leishear, with all in favor, the Board agreed to request proposals for the replacement of the generator with a control board.

B. Water Meter Changeout Program Update

Mr. Gilbert reported that 647 have been changed and 139 are remaining. He said he is still waiting on the larger meters for Orchid Cove and the south hotel.

C. Sinking Sewer Cleanout Repairs

  • Mr. Gilbert reported that FUS is currently working on this. They are boring and pouring concrete, where needed, to stabilize the site. This should be completed shortly.
  • Supervisor Leishear asked if FUS will do the labor to replace the broken grate at the Villages of Stella Mara. District Manager Teague stated that the CID cannot pay for it. Mr. Gilbert will meet with him to discuss it.

D. Orchid Cove Backflow Preventer Repairs Update

Mr. Gilbert reported that this project is 55% complete.

E. Area Lights at Plant and Security Issues Update

i. ADT Proposal

The Board approved a proposal from ADT to install cameras to monitor security at the plant.

On MOTION by Supervisor Jensen, seconded by Supervisor Leishear, with all in favor, the Board agreed to approve the proposal from ADT to monitor and provide security for the plant at $5,758.69, with a recurring service charge of $48.69 per month.

TENTH ORDER OF BUSINESS Engineer Report

A. New Home Construction/Drainage/Sidewalk Damage Issues

  • Engineer Schmitt reported that they are still monitoring the new home construction. One or two homes are close to being completed.
  • Supervisor Leishear commented that the new home being built on Sunset Cay at the end of the Cul de Sac needs to have the setback restrictions and swale looked at.
  • Supervisor Leishear also wondered if the costs of removing the silt going into the catch basins can be recouped. He has observed that the swales have been full. Engineer Schmitt stated that the contractors need to be reminded to take care of this.
  • There were inquiries about buildable lots in the area which are not being charged ERCs. District Manager Teague stated it is because they were deemed unbuildable. Engineer Schmitt stated that it would need a pressure pump for sewer or increased elevation by using stilts, and other adjustments.
  • Chair Kish asked about the drainage issue on Stella Maris Road, because it had previously been decided to wait until the prices come down. Engineer Schmitt stated that the prices still haven’t come down.
  • There was a question as to why the COA is the only one responsible for its own storm sewer lines. Engineer Schmitt reported that the COA is responsible, because the needed stormwater recommendation from former Engineer Ron Benson was not implemented. Therefore, the Board refused to accept responsibility for it. Engineer Schmitt wondered if reevaluation is needed, since the drainage into the canal wasn’t initially accepted. Chair Kish stated that this has been rectified. If the Board wanted to accept the drainage system, they would have Attorney Pires amend the maintenance agreement after Engineer Schmitt inspects the stormwater system. It was decided that Engineer Schmitt and the HOA will discuss this to see if they want the CID to take it over.

ELEVENTH ORDER OF BUSINESS District Manager Report

A. Monthly Financial Reports

  • As requested at the last meeting, the balance sheet was revised with the cost for a software modification included, which is being absorbed by the PDM. The cost for this modification was $500.
  • District Manager Teague reported that the cash balances at the end of the fiscal year were good. Some capital needs were met, and money was put into the fund balance.

On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Board agreed to accept the Financials as presented.

B. Historical Issues Book Update

The work has been started by Ron Benson. District Manager Teague hopes that the report will be completed by the next meeting.

C. Cays Drive Monument Ownership – Plat included as handout

  • A survey was presented from Engineer Schmitt who had received a copy from Steve McNamee. The survey revealed that the monument wall is inside Mr. McNamee’s property, and has no signage.
  • When asked about an easement, Mr. McNamee stated that he did not want to give an easement, because easements are in perpetuity.
  • Attorney Pires stated that maintenance of the monument wall could be through a license agreement, which he will prepare for the next Agenda.
  • To speed up the process, Engineer Schmitt asked if the wall could be moved into the utility easement. To do so, Attorney Pires could accept verbal approval from Mr. McNamee at a meeting to proceed with the CFS proposal from last month. District Manager Teague will request a new proposal for the next meeting.

TWELFTH ORDER OF BUSINESS Field Manager Report

A. Field Report

  • Field Manager Pepin identified maintenance needs on the dirt segments of Union again. The Board wondered if the gravel can be piled, and if the Airplane Club can spread it.
  • Field Manager Pepin stated that they will be replacing the fishing sign and crosswalk sign.
  • He stated that Mr. Gilbert of FUS will be cleaning the flumes under identified driveways.
  • Vice Chair O’Connell referred to Page 23 of the report and wondered what happens if plantings are blocking the sidewalk. This is concerning seagrapes, and if they will take over. Engineer Schmitt stated if it is within the right of way, the District can have it trimmed. The right of way between the sidewalk and the road belongs to the CID. If this happens, the District can send a letter telling the homeowner to cut the seagrapes once they have grown to a condition of concern. In those instances, the staff will send a letter. Engineer Schmitt will talk to the homeowner, and Field Manager Pepin will monitor the plantings to ensure that they don’t create issues which could possibly cause them to need removal.

B. Other Follow-up Items

i. Cays Drive Landscape Lights Repair Update

The new LED landscape lights have been installed. However, Excel Electric discovered a bad neutral wire running from the timer box area to the center median. They also found that the wire used in this area is not rated to be buried and would fail a code inspection. Excel Electric will be sending over an estimate to bore/run a new electrical line to the center median. The estimate had not been received as of October 12th.

THIRTEENTH ORDER OF BUSINESS Attorney Report

A. Prepmac Lawsuit Status

The case is being abated for now.

B. Appointment as District Registered Agent

The Board needs to accept Attorney Pires as the new District Registered Agent, replacing Attorney Dan Cox.

In another matter, Attorney Pires stated that an agreement from July 2, 1985 may have an effect on the Parcel 13 rezoning. This agreement is between the State of Florida and Port of the Islands, Inc. Attorney Pires will review the 1985 agreement and present his findings at the next meeting.

On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Board accepted Attorney Anthony Pires, Jr. as the District Registered Agent, replacing Attorney Dan Cox.

FOURTEENTH ORDER OF BUSINESS Old Business

A. Rules Change Discussion

A brief report on the progress of the PDM staff’s work on rules changes was given, and will hopefully be completed before the November meeting.

FIFTEENTH ORDER OF BUSINESS New Business

A. New ERC Methodology Proposal

District Manager Teague had submitted a proposal to have an assessment methodology for O&M’s ERCs. The proposal was approved for Russ Weyer to prepare it, not to exceed $7,500.

On MOTION by Supervisor Leishear, seconded by Chair Kish, with all in favor, the Board accepted the New ERC Methodology Proposal, which is to be prepared by Russ Weyer, not to exceed $7,500.

B. Request by Steve McNamee to Address ERCs, Building Plans, and Rezoning

  • Steve McNamee presented his proposed development site plan which would consist of 5 buildings. This was reviewed by Engineer Schmitt, and he felt that this development would have a need for 5 ERCs, as presented.
  • Mr. McNamee also commented that he has someone interested in buying Parcel A for a restaurant and gas station, and that site plan was also presented. The proposed development on Parcel A could not be analyzed until plans were submitted.
  • There didn’t seem to be any opposition from the Board to a reduction of ERCs, but it was suggested that they be reduced from current allotments incrementally as each unit is built.
  • It was stated that they could not be reduced until after the rules changes, and if the proposal passed, the Board could not reduce them until Fiscal Year 2023.
  • Mr. McNamee stated that he wanted some indication as to what would happen when the rules were changed, and that he wants some credit on the Fiscal Year 2022 assessments.
  • Comments were made that the direction given by the Board when the rules are changed should be that ERCs can be turned in if not needed. There would be no reason to try and sell them. This is if a development plan has been submitted and approved by Engineer Schmitt and Attorney Pires.
  • The Board provided preliminary approval to Mr. McNamee that the ERCs can be readjusted based on a development plan being submitted to Engineer Schmitt. There was no decision made on a credit for Fiscal Year 2022 assessments paid by Mr. McNamee.

On MOTION by Vice Chair O’Connell, seconded by Chair Kish, with all in favor, the Board granted preliminary approval for readjustment of the ERCs on Steve McNamee’s property, with a reduction of 3 ERCs to 1 when The Board is provided with an occupancy permit from the county.

C. Union Road Median Plantings Request from Orchid Cove

District Manager Teague stated that a handout was emailed to them from Audrey Sanders, the new Orchid Cove treasurer.

The Orchid Cove Board requested that the CID have the median on Union Road landscaped to make it more attractive when driving into the northern part of the District. There were no objections, but the Board would like to see a plan developed specifying the costs. It was suggested that Soto Lawn Service put in plantings similar to the entry into Cays Drive. Engineer Schmitt stated that there was irrigation service to the area. The Board approved having Supervisor Holloway work with Soto and the Orchid Cove Board to prepare a proposal from Soto for the next meeting.

On MOTION by Supervisor Jensen, seconded by Supervisor Leishear, with all in favor, the Board agreed that Supervisor Holloway will work with Orchid Cove and Soto Lawn Service to prepare a plan containing a proposal from Soto Lawn Service for landscaping on the median on Union Road, for review at the next meeting.

SIXTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

  • Supervisor Leishear asked where the money is coming from for CIP. District Manager Teague stated that it is coming from water and sewer operations, and the general fund projects are coming from O&M assessments. Supervisor Leishear then wondered if the County would consider taking over the plant from the District. He would like to see that an official response from the County be provided, and that a discussion with the public be held. The Board had no objections for this to be placed on the Agenda for the next meeting.
  • Chair Kish requested that PDM staff research if Go to Meetings or Zoom could be placed on the website. The staff will look into this.
  • Chair Kish also asked when the Board reviews contracts for services provided to the community. Vice Chair O’Connell stated that they can be reviewed at any time. Attorney Pires stated that they are usually evaluated during budget review.
  • The Board discussed the merits of each firm that submitted proposals at this meeting to determine which firm would be the best to handle the sale of Parcel 13. The Board preferred the approach presented by Mike Price of LandQuest. The Board then authorized staff to request that a contract from Mike Price be presented at the next meeting. The Board also requested that Mike Price be at the next meeting.

SEVENTEENTH ORDER OF BUSINESS Audience Comments

There were no Audience comments.

EIGHTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Chair Kish, seconded by Vice Chair O’Connell, with all in favor, the meeting was adjourned at 2:19 pm.

The Next Regular Meeting is on November 19, 2021 at 9:30 am.

Secretary/Assistant Secretary
Chair/Vice Chair