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Copy of Draft Meeting Minutes May 20, 2022

Port of the Islands
Community Improvement District

The regular meeting of the Port of the Islands Community Improvement District was held on Friday, May 20, 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.
Mitch Gilbert – Florida Utility Solutions
Robert Soto – Soto Landscape Maintenance
Gaby Novak- Project Specialist, 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 Regular Meeting was called to order by Chair O’Connell and all Board members were present, with Vice Chair Holloway attending via web conference. Also at the meeting were Cal Teague, the District Manager, David Schmitt, the Engineer, Tony Pires, the Attorney, Mitch Gilbert of FUS, Robert Soto of Soto Landscape Maintenance, and Several Residents. Gaby Novak of PDM, and Several Residents participated via web conference.

On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board acknowledged Vice Chair Holloway’s difficulty in attending the meeting, and approved her attendance via web conference.

SECOND ORDER OF BUSINESS Pledge of Allegiance

THIRD ORDER OF BUSINESS Approval of the Agenda

Before approving the Agenda, the Board decided to move the Audience Comments at the end of the Agenda and combine them with the Audience Comments on the Agenda at the beginning. It was determined that Audience members must sign in, and the Board approved the use of a sign in sheet that was presented by District Manager Teague. The procedure is as follows:

Audience members will sign in on the Request to Speak form available before the meeting begins. There will be two sections, one for Agenda items, and one for miscellaneous items. Those with questions or comments on the Agenda will speak first, followed by those with miscellaneous questions or comments. If the speaker wishes to speak on an Agenda item, but there is discussion on that item, it can be identified on the sign in sheet.

All speakers will be limited to three minutes, and there will be no debate with the Board. After speaking, they will make way for the next person to speak. The comment or request will be referred to a staff member or Supervisor to respond to after the meeting. If an Audience member would like something added to the Agenda, they will follow the process of completing and submitting a petition before the meeting.

The Board made the following changes to this meeting’s Agenda:

Change Audience Comments on Agenda Items to Audience Comments.
Move 12B Parcel 13 to 4, with everything else moving down.
Add 7C Security
Add 10E Web Postings (formerly 9E)
Add 14B Durland Fish Email Response
Add 14C Disband the CID
Add 14D YouTube CID Meeting Recordings

On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Agenda was approved, as amended.

FOURTH ORDER OF BUSINESS Parcel 13

The developer, Lindsay Case, updated the Board on his progress. He stated that he has retained Richard Yovanovich as his attorney, Grady Minor has been hired as his Engineer, he is working with a Transportation Engineer, and he has had discussions with a contractor. He has begun development of plans, and he asked that the proposed deed restrictions be available for presentation at the next meeting, so that Phase II of the project can start. It was agreed that staff will work with Mr. Case’s team on the proposed deed restrictions.

The Board discussed key items for consideration on the deed restrictions, as follows:

Unit size restrictions, allowing no pick-up trucks, a minimum length of time for rental of properties, limiting the height of structures to two stories, no boat ramps, a possible HOA requirement, and considering lists of suggestions from residents.

The Board discussed transferring the North Hotel property to the CID, which will be retained as open space for public use.

On MOTION by Supervisor Jensen, seconded by Supervisor Leishear, with all in favor, the Board agreed to pursue the transfer of the North Hotel property to the CID, which will be retained as open space for public use.

FIFTH ORDER OF BUSINESS Audience Comments

Speakers were as follows:

i. Agenda Items

Lisa Saeger commented that she is against establishing an HOA for Parcel 13.
Kathryn Kehlmeier asked that the CID proceed with monument cleanup.
Deborah Jansen commented on Parcel 13 and drainage issues.
Ron Westerman commented that he is against a loan as part of the plan for next year’s Budget.
Dan Truckey asked to have his comments after the presentation by Engineer Schmitt.

On MOTION by Supervisor Jensen, seconded by Supervisor Leishear, with all in favor, the Board approved Resident Dan Truckey making comments after the report of Engineer Schmitt.

ii. Non=Agenda Items

Kathryn Kehlmeier commented on the impact community use of Next Door focus as it relates to the COA and CID.
Lisa Saeger was opposed to the removal of Audience Comments at the end of the meeting.
Steve McNamee commented that he found District records at his meeting with Supervisor Kish at the Water Treatment Plant.
Rita Bradeci presented a public service announcement concerning the community efforts to help the homeless, and gave her contact number.
J.C. Sanchez reported that he will place the monument on his property.
Karen Reed commented that she thought that the community should receive the Agenda packets and tapes of the meetings the same time they are sent to the Board.

Because of concerns from the Audience, the Board decided to keep the Audience Comments Agenda item at the end of the meeting.

SIXTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for April 15, 2022

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board accepted the April 15, 2022 Draft Meeting Minutes, as submitted.

B. Draft Meeting Minutes for April 22, 2022 – Continuation Meeting

Line 41 – Change to $16,000 ERC’s and $4,000 for utility connections for the sale of Parcel 13.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board accepted the April 22, 2022 Continuation Draft Meeting Minutes, as amended.

SEVENTH ORDER OF BUSINESS Landscape Maintenance

A. Landscape Maintenance Report

Robert Soto did not submit a report, but he highlighted the following issues:

He summarized the work being done on Newport Drive
He stated they are working on the tree that fell at the water plant.
He stated that he will be addressing irrigation concerns with start of the rainy season.
There was discussion on an issue discovered at the ride around with Vice Chair Holloway concerning the plants that had been added to the median on Cays Drive.

EIGHTH ORDER OF BUSINESS Utility Operations

A. Utility Report

Mitch Gilbert’s report was not included in the Agend packet, but he summarized the progress on the Following:

He started that the operations at the water plant are running well, and there have been no complaints concerning chlorine usage.

A. Water Meter Change Out Update

He reported that all meters have been installed, except for one four-inch meter.

B. Security Lighting and Cameras Updates

Mitch reported that he is having difficulty receiving a response from ADT, so he can finish the project. Supervisor Jensen volunteered to contact them, so that they will give a response.

C. Building Security

This item was added to the Agenda to discuss building security concerning mosquito operations that require non-authorized access into the building, so they can get out the spray trailer to spray for mosquitos. A plan was presented to purchase a shipping container, and place it in a secure location outside the fenced plant area. District Manager Teague will investigate the security concerns in the area.

On MOTION by Supervisor Jensen, seconded by Supervisor Leishear, with all in favor, the Board approved the purchase of a shipping container, and place it in a secured location outside the fenced plant area, not to exceed $6,500.

Resident Dave Truckey commented during the Utility Operations discussion, rather than Engineer Schmitt’s report, as the Board had previously approved. He stated that he observed that much of the equipment at the wells was unsecured, and he felt that locks needed to be installed. Engineer Schmitt agreed to have the locks installed.

NINTH ORDER OF BUSINESS Engineer Report

Engineer Schmitt presented his report and explained the history of this development. The following items were discussed and action taken:

A. Stella Maris North Cul-de-Sac Drainage/Asphalt Update

The Board discussed obtaining bids to quickly replace all asphalt in the roadway and the cul-de-sac, with a valley gutter or handling stormwater.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board approved acquiring bids and hastily replacing all asphalt in the roadway and the cul-de-sac of Stella Maris North, with a valley gutter for handling stormwater.

The other issues for Stela Maris North discussed were:

Having the CID take over the stormwater system of Stella Maris North, and all other systems possible, in the community. Also discussed was the necessity of granting an easement between the CID and the Villages of the Master COA, and taking over O&M of retention areas.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board approved Engineer Schmitt to identify and staff to prepare taking over all privately held stormwater systems that can legally be included in the Port of the Islands public stormwater system.

B. New Home Drainage/Construction Issues

Sidewalk and driveway damage during construction needs to be addressed, with the primary focus on broken sections or raised edges that are a safety concern. Engineer Schmitt and Chris Pepin are addressing this.

David presented his investigation of some issues o the control structures on the finger streets in the Cays, and he felt that maintenance was needed to allow them to function properly. They also need to clean the silt and cut vegetation. Staff will see that this is done.

162 and 163 Sunset Cay

Drainage structure between Evening Star and Sunset Cay

C.

D.

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 June 17, 2022 at 9:30 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair