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Continued Meeting Minutes April 1, 2022

Port of the Islands
Community Improvement District

The continued new assessment methodology public hearing, rules amendments public hearing, and regular meeting of the Port of the Islands Community Improvement District was held on Friday, April 1, 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.
Russ Weyer – Real Estate Econometrics
Jennifer Miller – Controller, PDM
Christopher Dudak – Client Services Manager, PDM
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 Continued New Assessment Methodology Public Hearing, the Rules Amendments Public Hearing, and the Regular Meeting were called to order by Chair O’Connell and all Board members were present. Also at the meeting were Cal Teague, the District Manager, David Schmitt, the Engineer, and Tony Pires, the Attorney, Russ Weyer of Real Estate Econometrics, and Several Residents. Jennifer Miller, Controller, and Christopher Dudak, Client Services Manager of PDM, and Several Residents participated via web conference.

SECOND ORDER OF BUSINESS Pledge of Allegiance

THIRD ORDER OF BUSINESS Approval of the Agenda

As stated by District Manager Teague, the understanding of this meeting was that there would be no items discussed, except for those that had been determined at the March 18, 2022 meeting. Because the March meeting Agenda had already been approved, there was no reason to approve the Agenda again.

FOURTH ORDER OF BUSINESS New Assessment Methodology Public Hearing

Russ Weyer from Real Estate Econometrics, Inc. was present to discuss with the Board the New Assessment Methodology. He offered an alternative to the Board for addressing the concerns regarding the Louland Gun Range and the South Hotel Bar and Restaurant. He explained that, because of the uniqueness of these properties, he left them as they were currently assigned. He stated that he could adjust the methodology for these two entities, but he would base them on industry accepted traffic projections, rather than the 4-1 ERU’s per acre methodology used for the remainder of the District.

On MOTION by Chair O’Connell, seconded by Vice Chair Holloway, with all in favor, the Board reopened the New Assessment Methodology Public Hearing at 9:32 a.m.

District Manager Teague stated that Supervisor Kish had several questions or comments that were distributed to the Board as a handout.

Kathryn Kehlmeier commented that she would like the Board to accept or reject in whole the proposed assessment methodology submitted by Russ Weyer, because of the cost to have it drawn up.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with 4 in favor, and Supervisor Kish opposed, the Board closed the New Assessment Methodology Public Hearing at 9:37 a.m.

A. Caryl Williams Inquiry on O&M Assessment Methodology

Caryl Williams had sent a second email to the Board, which was distributed in a handout, expressing her continued concerns on the New Assessment Methodology.

B. Resolution 2022-03

This was tabled until the Methodology report could be amended to change the ERU designation for the Gun Club and the South Hotel Bar and Restaurant, per Mr. Weyer’s alternative.

On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board agreed to continue the New Assessment Methodology Public Hearing until the April 15, 2022 meeting, and to authorize Russ Weyer to make changes to the Assessment Methodology.

FIFTH ORDER OF BUSINESS Audience Comments on Agenda Items

There were no Audience comments on the Agenda.

SIXTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for February 18, 2022

SEVENTH ORDER OF BUSINESS Landscape Maintenance

A. Landscaper Notes and Updates

B. Any New Proposals

EIGHTH ORDER OF BUSINESS Utility Operations

A. Utility Report

NINTH ORDER OF BUSINESS Engineer Report

A. New Home Construction Issues

B. Water Tank Inspections

C. Drainage Concerns Issue

D. Engineering Contract Update

TENTH ORDER OF BUSINESS District Manager Report

A. Monthly Financial Report

B. Fiscal Year 2023 Budget Discussions

C. Public Records Requests Policy Discussion

ELEVENTH ORDER OF BUSINESS Field Manager Report

A. Field Report

B. Other Follow-up Items

i. Union Road, Gulf Coast Cays, and Louland Range Signage Replacement Update

ii. LCEC Orchid Cove Light Poles Cleaning Investigation

TWELFTH ORDER OF BUSINESS Attorney Report

A. Cays Drive Monument License Agreements Update

B. Decorative Pavers Right-of-Way Permit

C. Union Road Sign Maintenance Agreement

D. US 41 Median Maintenance Options

E. Stella Maris North Cul-de-Sac Parking Deed Issue

THIRTEENTH ORDER OF BUSINESS Old Business

A. Parcel 13

i. Listing Brochure

ii. Offers

Mike Carr stated that he had changed the listing from $3 million to $5 million, and had identified the description of support documents needed for any potential purchasers. He then submitted a revised offer from Lindsay Case, and he stated that the other proposer had withdrawn his offer. Mr. Prephan still had one being held, but the Board was not currently considering it.

Lindsay had updated his proposal for the purchase. His offer remained at $3 million, but now included the purchase of 100 ERCs at $20,000 per ERC. There was discussion regarding the proposal, and the Board agreed to accept the offer, conditional upon deed restrictions that Attorney Pires had suggested, and those that the Board had discussed. With these restrictions being met at the time of sale, Chair O’Connell was authorized to sign.

On MOTION by Supervisor Jensen, seconded by Vice Chair Holloway, with all in favor, the Board accepted the offer from Lindsay Case for the purchase of Parcel 13, with the stipulation of deed restrictions as defined by the Board, with the subsequent authorized signature of the Chair.

FOURTEENTH ORDER OF BUSINESS New Business

A. 162/163 Sunset Cay Easement Encroachment Violation Discussion

There was a discussion on what action should be taken concerning the homeowners’ encroachment on the CID easement, and the effects on the whole stormwater system. The Board and Engineer Schmitt discussed the merits of waiting for input from the County Engineer and SFWMD.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with no vote, the Board stated that they would table any action on the encroachment violations.

District Manager Teague stated that this motion would not change anything that the Board had previously decided on.

Motion withdrawn.

After further discussion, the Board decided to deny the homeowners’ use of the CID easement.

On MOTION by Supervisor Jensen, seconded by Supervisor Leishear, with 4 in favor, and Vice Chair Holloway opposed, the Board agreed to deny the homeowners of 162 and 163 Sunset Cay use of the CID easement, and wait for information from a discussion with Engineer Schmitt, the County engineer, and a South Florida Water Management District representative.

Based upon the denial, the homeowners are responsible for submitting a solution to correct their encroachment on the easement.

B. New Landscaping Lights for Newport Road Entrance Monument Proposal

The Board took a break at 12:35 p.m. and returned at 12:44 p.m.

FIFTEENTH ORDER OF BUSINESS Rules Amendments Public Hearing

A. Resolution 2022-04 Rate Schedules

Attorney Pires reviewed the changes that he had made to the Rate Schedules since the last meeting.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board opened the Public Hearing at 12:46 p.m.

There were no comments on the Rate Schedules.

On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Board closed the Public Hearing at 12:47 p.m.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board agreed to adopt Resolution 2022-04 Rate Schedules, effective May 15, 2022.

B. Resolution 2022-05 Rules Amendments

Attorney Pires reviewed the changes that he had made to the Rules Amendments since the last meeting.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board opened the Public Hearing on Resolution 2202-05 at 12:49 p.m.

There were no comments on the Rules Amendments.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board closed the Public Hearing on Resolution 2202-05 at 12:50 p.m.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board agreed to adopt Resolution 2022-05 Rules Amendments, effective May 15, 2022.

SIXTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

Attorney Pires stated that PILT funds are being issued to the County’s general fund, and he asked if he should request that some of those funds be allocated to the CID. The Board requested that Attorney Pires draft a letter, and submit it at the next meeting.

District Manager Teague commented on mosquito spraying, and how mosquito counts are taken to determine when to spray. In response to Supervisor Leishear’s question, he stated that the Collier County Mosquito Program will not be expanded into POI, and it is now a dead issue.

Supervisor Leishear also wondered what progress staff had made in taking over all of the stormwater system, so that it can be standard maintenance in the whole community. Engineer Schmitt will look at the cost and present it at the next meeting. The particulars of the maintenance agreement were also discussed.

Supervisor Jensen wondered where the monies would come from for the replacement of the utility storage tanks, since it is not in the current budget. The merits of borrowing funds for the project were discussed.

Supervisor Jensen also asked about the schedule for the completion of the budget, and District Manager Teague reiterated that the tentative budget is to be approved by June 15th, and the deadline for the final budget is in August. Specifics for developing the budget were discussed.

SEVENTEENTH ORDER OF BUSINESS Audience Comments

There were no Audience comments.

EIGHTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Vice Chair Holloway, seconded by Supervisor Jensen, with all in favor, the Board agreed to adjourn at 1:09 p.m.

The Next Regular Meeting will be on April 15, 2022 at 9:30 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair