Amended Meeting Minutes for September 16, 2022
Port of the Islands
Community Improvement District
The regular meeting of the Port of the Islands Community Improvement District was held on Friday, September 16, 2022 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:
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, Premier District Management (PDM)
Anthony Pires, Jr. – Attorney, Woodward, Pires & Lombardo, P.A.
David Schmitt – Engineer, Hole Montes, Inc.
Alana Faircloth- Florida Utility Solutions
Robert Soto – Soto Landscape Maintenance
Francesca Passidomo – Attorney, Coleman, Yovanovich, and Koester, P.A.
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, with Supervisor Jensen attending via web conference. Also at the meeting were Cal Teague, the District Manager, David Schmitt, the Engineer, Tony Pires, the Attorney, Alana Faircloth of Florida Utility Solutions, Robert Soto of Soto Landscape Maintenance, and Francesca Passidomo, Attorney with Coleman, Yovanovich, and Koester, and Several Residents. Several Residents also participated via web conference.
On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board approved Supervisor Jensen’s attendance via web conference, who was unable to be present due to exceptional circumstances.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Move 10B Parcel 13 to 8th Order of Business
On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Agenda was approved, as amended.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on Agenda items.
Kathryn Kehlmeier wondered if the District has allowed utility ERCs for County property and she commented that, in regards to current development, this should be taken off the total of available ERCs. She commented that there should be a list specifying who is responsible for ERCs.
Steve McNamee requested to be on the Agenda for the October meeting to discuss financials, so that he will be allowed to speak more than 3 minutes. He also commented on the minutes of the last meeting, and stated that he did not believe that they stated correctly what he was referencing.
George Mess commented on a safety issue on the easement at the rear of his property.
Ron Westerman requested to speak on issues in the Engineer’s report.
FIFTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for August 19, 2022
Line 102 Add at the end “for the swale work and not for vegetation removal”
Line 140 Change “George Mess” to “Valley National Bank”
On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board approved the Draft Meeting Minutes for August 19, 2022, as amended.
SIXTH ORDER OF BUSINESS Utility Operations
A. August 2022 Plant Operations Report
Mitch Gilbert was unable to attend, so Alana Faircloth presented his monthly Report, which was in the packet.
Supervisor Leishear had a question about the cause of a mainline break.
Supervisor Kish was concerned about the missing revenue for water and sewer, and the projections that were determined in the 2023 Budget. He also asked about the meter corrections, and how they have affected the residents.
SEVENTH ORDER OF BUSINESS Landscape Maintenance
Robert Soto reviewed his report and the following was discussed:
A. Landscape Maintenance Report, August 2022
Robert stated that the District had been given the credit due them in last month’s billing.
He also stated that the well field project will be completed the 1st or 2nd week of next month. He also stated that fertilizing will be started next month.
He stated that they will be addressing the issue of trees that are covering up lights, and there was discussion about LCEC trimming those trees.
The Board requested that grass be planted on the west end of Hwy 41, rather than shrubs.
B. Elevation Issues Update
Robert stated that the proposals the Board approved for 154 and 159 Windward Cay had been completed. He stated that Field Manager Pepin mentioned in his report that the elevation was approximately 2″ higher, and Robert would like to wait until it settles before he makes any adjustments. He will evaluate it next month.
C. New Clock Installation Estimate
The proposal to install a new clock and rain sensor for $718 was approved.
On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board approved the proposal to install a new clock and rain sensor, not to exceed $718.
EIGHTH ORDER OF BUSINESS District Manager Report
10B Parcel 13 was moved to 8th Order of Business
B. Parcel 13 Updates and Action Items
Attorney Pires had worked with Lindsay Case’s attorneys and District staff to finalize the closing agreement. He stated that there were amendments which revised the previously approved Resolution 2022-07, resulting in Resolution 2022-13. Attorney Pires reviewed the significant changes, which included the closing statement and which covers everything in the new resolution.
He recommended that the documents be signed today by the appropriate individuals, and that the closing be on September 20, 2022.
i. Closing and Post Closing Agreement [Easement, State, Zoning, Costs Allocation]
a. Grant of Utility Easement
On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board approved Resolution 2022-13, which includes the revisions and addendum to the closing agreement for the sale of Parcel 13.
NINTH ORDER OF BUSINESS Engineer Report
Engineer Schmitt reviewed his report and discussion and actions were taken on the following:
A. Stella Maris North Project Update
Dave reported that the project should be completed by the middle of October, and the only additional cost may be a street sign.
B. Swale Issues
i. 162/163 Sunset Cay
There was discussion with homeowners Gary McKinney, and George Mess, with further input from resident Ron Westerman. The homeowners submitted a plan to correct the violation, which was revised by extending the pipe closer to the seawall, and the Board approved Engineer Schmitt’s amendments, with the stipulation that they send proof to David that the work is being done by a licensed contractor who is insured and that the materials are FDOT approved. It was further directed that this information be forwarded to him within 2 weeks. It was also stipulated that the homeowners would pay 100% of the costs of the repair, and bill the CDD for 50% of those costs when the project was completed to the engineer’s satisfaction. Additionally, there was a brief discussion on the rear swale of 163 Sunset cay for an encroachment swale code violation, for which Mr. Mess was asked to submit an easement use agreement.
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with Vice Chair Holloway, and Supervisors Kish and Jensen in favor, and Supervisor Leishear and Chair O’Connell opposed, the Board approved the proposal, with the CID engineer’s recommended changes, from the homeowners at 162 and 163 Sunset Cay to correct the violations to the CID easement, contingent on an easement use agreement being in place, verification of the contractor’s license, the assurance that the piping is FDOT appreoved, and the ultimate approval of the engineer.
The Board took a 15 minute break, so the documents for the closing agreement for the sale of Parcel 13 could be signed.
ii. 159 Windward Cay – Updated Report
Engineer Schmitt gave a report regarding the berm at 159 Windward Cay that had blown out for a second time, and Robert Soto had reported this to the District and Engineer Schmitt. District Manager Teague was asked to investigate and find a long term solution that would be part of the overall drainage remedy being developed by Engineer Schmitt.
Engineer Schmitt met with Robert at the site and reviewed the situation, and a plan was developed that was acceptable to Engineer Schmitt. It included removal of vegetation that was considered to be a part of the problem, and the Board was asked to pay 50% of the costs for repairing the swale area.
On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with 4 in favor, and Supervisor Kish opposed, the Board approved sharing the cost with the homeowner for repair of the swale, with the understanding that the homeowner is responsible for any vegetation removal.
Supervisor Leishear requested Engineer Schmitt to investigate the placement of pavers on the CID’s easement by the homeowner at 144 Wilderness, and to ensure that they sign an easement use agreement.
TENTH ORDER OF BUSINESS Field Manager Report
A. Field Report
District Manager Teague reviewed Field Manager Pepin’s report and the following was discussed:
The Board would like quotes on the sidewalk cleaning, and they agreed to have the project completed after the rainy season. They will act on it at the next meeting.
Engineer Schmitt will check with the County about cleaning the graffiti on the bridge.
The Board decided that no firebush should be planted on the median on the west end of Hwy 41, just grass only, and they agreed that Field Manager could complete this project.
i. Aerator Installation Update
District Manager Teague stated that Field Manager Pepin had reported that they should receive the permit within the next week, so that the project can be completed.
ii. Newport Drive Monument Painting Project Follow-up
This project had been completed.
ELEVENTH ORDER OF BUSINESS District Manager Report
A. Monthly Financial Report for August 2022
District Manager Teague reviewed the Financials. Supervisor Kish had questions about the expenditures and revenue of the District regarding the utility budget.
On MOTION by Chair O’Connell, seconded by Vice Chair Holloway, with all in favor, the Board approved the Financials for August 2022.
District Manager Teague suggested the purchase of a projection screen, so that it would be available for every meeting, and that the GIS program could be used during the meetings.
On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board approved the purchase of a screen, not to exceed $100.
B. Parcel 13 Updates and Action Items
Moved to 8th Order of Business
C. Mosquito Spray Update
District Manager Teague stated that he had received several proposals, but getting an apples to apples bid comparison was difficult, so the Board decided to stay with the same company that they had been using, Kish Pest Solutions.
On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with 4 in favor, and Supervisor Kish abstaining, the Board approved the proposal from Kish Pest Solutions for mosquito spraying at $225 for each visit for a minimum of spraying 2 times per week, with a $25 monthly gas charge.
TWELFTH ORDER OF BUSINESS Attorney Report
A. McNamee Lawsuit Legal Fees
Attorney Pires stated that he will email the fees spreadsheet to District Manager Teague and the Board.
Tony also stated that there should be a motion on the possible extension of the closing on the sale of Parcel 13.
On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board authorized the extension of the closing of the sale of Parcel 13, if necessary, with consultation between the chair, the district manager, and the attorney.
Supervisor Kish had questions about the origin of the restrictions in the closing agreement of the sale of Parcel 13.
THIRTEENTH ORDER OF BUSINESS Old Business
There was no Old Business.
FOURTEENTH ORDER OF BUSINESS New Business
A. Boat Storage Proposal
This is on hold indefinitely.
FIFTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Supervisor Kish commented on the costs to residents if Parcel 13 had not been sold.
Supervisor Leishear commented on the timing of the water tank installation, which will replace the pump station, and Engineer Schmitt stated that it will begin after the completion of the stormwater project.
SIXTEENTH ORDER OF BUSINESS Audience Comments
Ron Westerman asked about the costs of installing the water tank.
Deb Jansen asked about the costs of road improvement to the developer and the CID when Parcel 13 is developed. She also asked about the assessments needed for stormwater management.
Karen Reed stated that she understood that pavers need to be drivable, not permeable. She also wondered about the costs to the homeowners for changes to the sidewalk. In addition, she commented about violators who are 100% responsible for payment to correct their violations.
SEVENTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board agreed to adjourn the meeting at 1:30 p.m.
The Next Regular Meeting will be on October 21, 2022 at 9:30 a.m.