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Continued Meeting Minutes for December 3, 2021 (Continued from November 19, 2021 Meeting)

Port of the Islands
Community Improvement District

The continued meeting of the Port of the Islands Community Improvement District was held on Friday, December 3, 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:

Teri O’Connell – Chair
Michele Holloway – Vice Chair
Russell Kish – Assistant Secretary
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
Marcene McNamee- Resident
Other 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 meeting was called to order by Chair O’Connell and all Board members were present, with Supervisor Leishear participating via web conference. Also at the meeting were Cal Teague, District Manager, Anthony Pires, the Attorney, and David Schmitt from Hole Montes Engineering. Marcene McNamee, Resident, participated via web conference.

On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board accepted Supervisor Leishear participating by web conference.

THIRD ORDER OF BUSINESS Chair Rotation Discussion

On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Board approved Resolution FY 2022-02 ratifying the reorganization of the Board, as approved at the November 19, 2021 Regular Meeting.

TENTH ORDER OF BUSINESS District Manager Report

G. ERC Transfer Request

  • The revised application for ERC transfer from Steve McNamee had been submitted the previous day, and it had been reviewed by Engineer Schmitt and Attorney Pires. The Board discussed the biggest concerns. Mr. McNamee wanted the Board to waive any request for an Attorney’s affidavit, and to revise it to an owner’s affidavit that would require notarization. This would also be a rule change during the revision of the rules in January.
  • The application for transfer of the ERCs was approved, with several conditions attached to the approval. These are the conditions:

a. The transfer of O&M ERCs was denied until the O&M assessment methodology is completed. Upon this completion, any adjustments will be handled internally by Staff.

b. The Board approved the transfer of 8 utility ERCs from Parcel A to Parcel B, contingent upon the payment of the legal and engineering fees for review. In addition, a homeowner’s affidavit is submitted, satisfying the documentation required to make this transfer.

c. Any reference within the application submitted by Steve McNamee that identifies his social security number or any other personal information is to be redacted.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board approved the transfer of 8 utility ERCs from Parcel A to Parcel B, contingent upon the payment of the legal and engineering fees, and that a homeowner’s affidavit has been submitted.

TWELFTH ORDER OF BUSINESS Attorney Report

B. Cays Drive Monument License Agreement

The Board discussed the agreement submitted by Attorney Pires to allow the District to maintain monuments identifying Cays Drive. It was approved, and it will be sent to Steve McNamee for his signature.

On MOTION by Chair O’Connell, seconded by Supervisor Leishear, with 4 in favor, and Supervisor Jensen ??? opposed, the Board agreed to sign the agreement submitted by Attorney Pires, allowing the District to maintain the monuments identifying Cays Drive.

THIRTEENTH ORDER OF BUSINESS Old Business

A. Parcel 13

ii. LandQuest Listing Agreement

The Board discussed several changes to the agreement, and they were approved. The changes are as follows:

  • The agreement is for 6 months.
  • The 6% commission specified in the agreement??? is acceptable.
  • The Board would like the broker to be present at each monthly meeting and report on their efforts and current activity.
  • There will be a commission paid on a sale, but only at the minimum of $2.5 million.
  • The commission will be increased to 7% for any sales at or over $5 million, and with the specification that it will close within a year.
  • Remove any reference to an exchange of options on Parcel 13 for other property.
  • Strike Section 8 on page 207.

On MOTION by Vice Chair Holloway, seconded by Supervisor Jensen, with all in favor, the Board agreed to sign the LandQuest Listing Agreement …… ???

FIFTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

  • Vice Chair Holloway asked about having Lee County Electric Cooperative (LCEC) clean the light poles. It was stated that LCEC owns the light poles, and Staff will look into having them cleaned. She also commented on the Union Road sign, and stated that it is in a state of disrepair and needs to be updated.
  • Chair O’Connell commented that the Cays Drive sign light was out.
  • District Manager Teague commented that the stop signs and the painted roadway sign needs to be addressed. There were no objections.

SIXTEENTH ORDER OF BUSINESS Audience Comments

An audience member wondered if the methodology on the O&M ERCs could be compared to the old methodology, and if they could be called something else.

SEVENTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Vice Chair Holloway, seconded by Supervisor Jensen, with all in favor, the Board agreed to adjourn the meeting.

The Continued Meeting adjourned at 11:27 a.m.

The Next Regular Meeting is on December 17, 2021 at 9:30 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair