Amended Special Meeting Minutes for November 30, 2022
Port of the Islands
Community Improvement District
A special meeting of the Port of the Islands Community Improvement District was held on Friday, November 30, 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:
Steve McNamee – Chair
Dan Truckey – Vice Chair
Russell Kish – Assistant Secretary
Kevin Baird – Assistant Secretary, Elect
Anna-lise Hansen – Assistant Secretary, Elect
Also present (or by web conference) were:
Cal Teague – District Manager, Premier District Management (PDM)
Anthony Pires, Jr. – Attorney, Woodward, Pires & Lombardo, P.A.
Mitch Gilbert – Florida Utility Solutions
Robert Soto – Soto Landscape Maintenance
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 Special Meeting was called to order and all Board members were present. Also at the meeting were Cal Teague, the District Manager, Tony Pires, the Attorney, Mitch Gilbert of Florida Utility Solutions, Robert Soto of Soto Landscape Maintenance, and Several Residents. Several Residents also participated via web conference.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Oaths of Office for Newly Elected Board Seats 2 and 4
The Oath of Office was administered to Supervisor Steve McNamee for Seat 4 and to Supervisor Dan Truckey for Seat 2, and completed copies of the Oath of Office were returned.
FOURTH ORDER OF BUSINESS Acceptance of Resignations for Seat 1 and Seat 5 Submitted on 11/09/2022
On MOTION by Supervisor Kish, seconded by Supervisor McNamee, with all in favor, the Board accepted the resignations of Ray Jensen and Michele Holloway for Seats 1 and 5.
FIFTH ORDER OF BUSINESS Discussion of Filling Vacant Seats 1 and 5
Supervisor McNamee stated that he had received letters of interest from two potential candidates to fill the two vacancies for Board Supervisors. The two candidates, Anna-lise Hansen and Kevin Baird, gave brief presentations on their qualifications for filling the vacancies on the Board.
SIXTH ORDER OF BUSINESS Appointment to Seats 1 and Seat 5
On MOTION by Supervisor McNamee, seconded by Supervisor Truckey, with all in favor, the Board appointed Kevin Baird for Seat 1.
On MOTION by Supervisor Truckey, seconded by Supervisor Kish, with all in favor, the Board appointed Anna-lise Hansen for Seat 5.
The Oath of Office was administered to Supervisor Kevin Baird and Supervisor Anna-lise Hansen.
Supervisor Baird left the meeting after he was administered the Oath of Office.
SEVENTH ORDER OF BUSINESS Board Reorganization: Resolution 2023-01
On MOTION by Supervisor Truckey, seconded by Supervisor Kish, with all in favor, the Board approved Resolution 2023-01 appointing Supervisor McNamee as Chair and Supervisor Truckey as Vice Chair.
Attorney Pires presented a summary of the Sunshine law restrictions and answered questions. The goal of establishing committees and the availability of residents’ emails for communication was discussed.
EIGHTH ORDER OF BUSINESS Approval of the Agenda
Add 13D and 13E
Move 16B to #10
Move 18B to #9
On MOTION by Chair McNamee, seconded by Vice Chair Truckey, with all in favor, the Agenda was approved, as amended.
NINTH ORDER OF BUSINESS New Business
18B of New Business had been moved to #9.
B. J.C. Sanchez Development Plans on 289 Cays
J.C. Sanchez was not present for discussion on the development plans, and staff will contact Mr. Sanchez to reschedule.
TENTH ORDER OF BUSINESS Attorney Report
16B of the Attorney Report had been moved to #10.
B. Parcel 13 Planned Unit Development (PUD) Rezone
The revisions to the rezoning application for Parcel 13 had been submitted to the Board, and Attorney Francesca Passidomo and Attorney Pires presented a summary with suggested changes, and they were discussed.
On MOTION by Chair McNamee, seconded by Supervisor Kish, with all in favor, the Board approved the submittal of the revisions to the application for the PUD rezoning of Parcel 13.
ELEVENTH ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on Agenda items.
TWELFTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Regular Meeting Minutes for October 21, 2022
On MOTION by Vice Chair Truckey, seconded by Supervisor Hansen, with all in favor, the Board approved the Draft Regular Meeting Minutes for October 21, 2022, as submitted.
THIRTEENTH ORDER OF BUSINESS Utility Operations
A. Monthly Operations Report
Mitch Gilbert reviewed his report and the following items were discussed:
The generator that did not function well during the hurricane, and the availability and function of other generators was discussed. District Manager Teague stated that generator addition or replacement can be submitted to FEMA as part of the recovery.
Mitch stated that he had ordered the telemetry for a backup alarm system that had been requested, which will make communication between the lift stations available and provide alarms when they malfunction, shutting off the other lift stations to avoid backups in the system.
He stated that a floating aerator at the sewage plant was no longer functioning and will be repaired or replaced.
Supervisor Kish had asked Mitch about the lights that are out at the plant, and Mitch stated that they collect bugs, but the cameras have visual at night.
Supervisor Kish had also asked about the ditches that are full of water, and Mitch stated that this was due to auto flushing. He had raised the chlorine injection to 3.0 because of a low chlorine complaint, and the increase of chlorine requires flushing. The DEP was asked to inspect the chlorine levels, and they found that there are no issues.
Supervisor Kish stated that revenue is down $10, 000, and the effects of increased electricity costs and the costs of running the meters was discussed. District Manager Teague stated that the revenue will rise when the assessments start coming in.
The Board asked residents to contact Mitch directly when there is in issue, rather than anyone else, which could save money, if the engineer is uninvolved.
To shorten the meetings, Chair McNamee suggested that Mitch attend only as requested, but he could have a committee work with him on any concerns.
FOURTEENTH ORDER OF BUSINESS Landscape Maintenance
Robert Soto reviewed his report and the following was discussed:
A. Monthly Report
Robert stated that they will be installing mulch in the community on schedule, and they are cutting the wellfield now and mulch will be installed in January.
They have cleaned up all the landscape debris and the debris on CID property, which resulted from the hurricane.
Robert reported that there is still sod that needs to be installed on Hwy 41.
The Board appointed Supervisor Baird to be the liaison with Robert, and Robert will only attend meetings when there is a significant issue.
FIFTEENTH ORDER OF BUSINESS Engineer Report
District Manager Teague presented a summary on Engineer Schmitt’s activities for the Board’s information, and the following was discussed:
A report on the damaged curb inlet at 168 Cays Drive was provided, and corrective action will continue to be pursued by staff. Chair McNamee stated that he will speak with the homeowner.
The contractor will repair the damaged sidewalks at 174 Sunset Cay.
The issue at 148 Venus Cay will be repaired by the contractor after the house is completed.
Chair McNamee asked what the field manager’s responsibilities are, and District Manager Teague explained Field Manager Pepin’s monthly inspections and his identification of maintenance issues.
A. Swale Issues
It was stated by Chair McNamee that a committee will be established for swale issues.
i. 162/163 Sunset Cay Permit Update
Gary McKinney stated that he and Mr. Mess had been approached by code enforcement, and since he believes that the current system is functioning well, he wondered if the requested reparations need to be done. He spoke with the County and they stated that they are happy with the system as it is. The Board requested that code enforcement be stopped. District Manager Teague commented that this can be done, but he recommends that comments by Mr. McKinney regarding County comments be verified. District Manager Teague also commented that there be an easement use agreement in place. The Board decided to table this until the next meeting when input from the County Engineer could be available.
ii. 159 Windward Cay Update
Engineer Schmitt had sent the Board a report on the swale adjustments. There was no action taken at the meeting.
B. Stella Maris Lift Station Repair Strategy
District Manager Teague reviewed the lift stations report prepared by Engineer Schmitt, and Mitch explained how the software upgrade will allow the District to avoid sewer backups. Engineer Marshall identified two options, with one being the software upgrade, and the other being the purchase and installation of fixed generators and engine driven pumps at the two main lift stations, which the Board thought was a good idea.
C. 41 Bridge Hanging Water Pipes Painting
Engineer Marshall had submitted a report that recommended addressing the main needs of the hanging utility pipes. He stated that Restoration and Protective Solutions gave an estimate of $150,000 to clean and repaint the pipes. Replacing the pipes was discussed, and the Board would like estimates for this project.
D. Water Quality Suggestions
Engineer Marshall also submitted a report addressing water quality as a response to a chlorine residual complaint that had been received. He recommended looping four dead end mains and installing two auto flush hydrants.
E. Easement Adjustments
David is working on the easement adjustments, and this will be discussed at the next meeting
SIXTEENTH ORDER OF BUSINESS Field Manager Report
A. Current Field Report
District Manager Teague reviewed Field Manager Pepin’s report, and the following items in the report were discussed:
Chris reported that the littorals around some lakes were destroyed as a result of the hurricane, and the torpedo grass needs to be treated.
He is obtaining proposals on repairing the potholes.
i. Aerator Installation Update
Chris reported that the installation of the aerators is in progress, but he is waiting on the electrician.
ii. New Fence Screens for Peacock Lift Station
The fence screens have been installed.
SEVENTEENTH ORDER OF BUSINESS District Manager Report
A. Monthly Financial Report for September and October 2022
District Manager Teague reviewed the Financials. He stated that there was $4,826,102 available at the end of the 2022 Fiscal Year.
The necessity of a separate water and sewer fund and O & M fund was discussed. The Board agreed to have the legal and engineering charges made specifically to each fund where the expense was incurred, so there is more detail. Attorney Pires stated that he can do so, and he believes that Engineer Schmitt can do this also.
After discussion, the Board decided to pay off the recently obtained loan immediately.
On MOTION by Chair McNamee, seconded by Vice Chair Truckey, with all in favor, the Board approved the immediate repayment of the $1 million loan.
On MOTION by Chair McNamee, seconded by Vice Chair Truckey, with all in favor, the Board accepted the Financials for September and October 2022.
B. Fiscal Year 2022 Budget Amendment Resolution 2023-02
District Manager Teague presented several amendments to the Fiscal Year 2022 Budget to identify the receipt of the loan and any proceeds from the sale of Parcel 13.
On MOTION by Supervisor Kish, seconded by Chair McNamee, with all in favor, the Board approved Resolution 2023-02 for a Fiscal Year 2022 Budget Amendment.
After discussion, the Board agreed to post the monthly Agenda on the website before the meeting.
On MOTION by Chair McNamee, seconded by Vice Chair Truckey, with all in favor, the Board approved posting the monthly Agenda on the website.
C. Fiscal Year 2023 Budget Amendment Resolution 2023-03
The Board decided to address this at a future meeting.
D. Hurricane Ian Damages Update
District Manager Teague stated that they are waiting for Lykins to replace the missing roadway name signs, but all debris and immediate damages in residential areas have been addressed. Other issues are major and estimates are being obtained.
E. FEMA Reimbursement
District Manager Teague explained the expenses that will be accrued when submitting claims to FEMA. There was a preliminary meeting with FEMA on November 18th, and an in-detail in person meeting is scheduled for January 13, 2023. He also stated that, due to the effort required, he would need to charge the District, but he felt that they could keep it within the 5% allowance that FEMA provides.
On MOTION by Chair McNamee, seconded by Vice Chair Truckey, with all in favor, the Board approved $65 per hour for staff submission of claims to FEMA, and $300 per hour for a consultant, when needed.
F. Investment CD Rates at QPD
Supervisor Kish had asked for this and it was included in the packet. It illustrated that there is around 2.5 to 4.5% for CD’s in various time frames, but any CD’s would require their acquisition through a qualified pubic depository (QPD), and the CID was currently getting 2.75% with no penalties for their use, as there are with CD’s.
EIGHTEENTH ORDER OF BUSINESS Attorney Report
A. Lawsuits Update
Attorney Urbancic did not want to provide updates at a public meeting, so he requested that the Board set up a closed door session. It was agreed to set a closed session from 8:15 to 9:15 p.m. for him to update the Board on these lawsuits.
B. Parcel 13 Planned Unit Development (PUD) Rezone
Moved to #10.
NINETEENTH ORDER OF BUSINESS Old Business
There was no Old Business.
TWENTIETH ORDER OF BUSINESS New Business
A. Proposal: Asphalt Repairs on Newport Dr. and Union Road
The Board decided to table this.
B. J.C Sanchez Development Plans on 289 Cays
This was moved to #9.
TWENTY FIRST ORDER OF BUSINESS Supervisor Requests and/or Comments
Vice Chair Truckey would like to schedule a tour of the water plants with a couple of Board members. Attorney Pires pointed out that the Sunshine laws do not allow Board members to do fact finding, but that it was acceptable to do it individually.
Vice Chair Truckey and Supervisor Hansen would like a copy of their insurance, which District Manager Teague will obtain for them.
The Board asked if they could have more input when the bills are paid. District Manager Teague explained the checks and balances that exist for bill payment.
TWENTY SECOND ORDER OF BUSINESS Audience Comments
Kathryn Kehlmeier suggested that Mitch sponsor a social tour of the water plants again, which Vice Chair Truckey had previously suggested.
Caryl William would like accountability for the charges from various staff, and other residents commented on the handling of finances.
Frank Lee commented that the same engineering company has been used for approximately 25 years, and he suggested that the Board obtain bids from other engineering firms. Asking the current firm and other engineering firms for RFQ’s was also discussed. It was discussed that the Board obtain a proposal from Engineer Schmitt before a project begins.
On MOTION by Vice Chair Truckey, seconded by Supervisor Hansen, with all in favor, the Board approved obtaining RFQ’s from engineering firms, including Hole Montes, Inc.
Ernie Peterson commented on the charges incurred for various Board activities.
Karen Reed commented on how to differentiate between the requirements of the County and the CID, including those for driveways, for example. She discussed her driveway issue.
Linda Fernandez asked about the status of the lawsuits. She also asked where the Board members live and was concerned that all areas of the community may not be represented.
Gwen Dion commented on the confusion of the CID fees from the HOA’s responsibilities.
David Moulder commented on reactivating a Master HOA for the community.
TWENTY THIRD ORDER OF BUSINESS Adjournment
On MOTION by Chair McNamee, seconded by Vice Chair Truckey, with all in favor, the Board agreed to adjourn the meeting at 1:26 p.m.
The Next Regular Meeting will be on December 16, 2022 at 9:30 a.m.