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Amended Meeting Minutes August 19, 2022

Port of the Islands
Community Improvement District

The regular meeting of the Port of the Islands Community Improvement District was held on Friday, August 19, 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
Francesca Passidomo – Attorney, Coleman, Yovanovich, and Koester, P.A.
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 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, Mitch Gilbert of FUS, Robert Soto of Soto Landscape Maintenance, and Francesca Passidomo, Attorney, 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.

SECOND ORDER OF BUSINESS Pledge of Allegiance

THIRD ORDER OF BUSINESS Approval of the Agenda

Move 10B and 12A to 5th Order of Business Parcel 13

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

Agenda Items:

Kathryn Kehlmeier commented that the paint color on the monument should be the same color as the monuments on either side of Newport Drive.

Non-Agenda Items:

There were no Audience comments on Non-Agenda items.

FIFTH ORDER OF BUSINESS District Manager Report

A. Monthly Financial Report for July 2022

Acted on later in the meeting.

The Board moved up 10Bi, ii, iii, iv, v to 5th Order of Business

B. Parcel 13 Updates and Action Items

Attorney Pires stated that he has been working with the attorneys for Lindsay Case on the items that will be discussed today. Attorney Francesca Passidomo gave a PowerPoint presentation, with input from Engineer Schmitt, which illustrates the specifics of the Parcel 13 development plan.

On MOTION by Vice Chair Holloway, seconded by Supervisor Kish, with all in favor, the Board approved Amendment 3, moving the closing date of the sale of Parcel 13 to September 9, 2022, and authorizing Chair O’Connell to review and sign the agreement.

i. Restrictive Covenants

Attorney Pires reviewed the restrictive covenants, which include a change to Article 3, Section 5. It also includes Site Plan A, single family homes, Site Plan B, multi-family homes, and is subject to addressing renewal after 30 years.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board approved the site plans of the restrictive covenants, subject to the covenants as presented on August 17, 2022, with a change to Article 3, Section 5, as specified by Attorney Pires.

ii. Closing Agreement – Utility ERCs

The Board discussed the agreement for the utility ERCs.

iii. Alternative Site Plan

Attorney Passidomo presented a letter of support from the Board written to the County, supporting the request for rezoning.

On MOTION by Supervisor Jensen, seconded by Vice Chair Holloway, with all in favor, the Board approved a letter of support be sent to the County for support of the rezoning, with the Chair authorized to sign.

iv. Designating Ingress/Egress Route for Louland LLC

On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board approved the ingress/egress route agreement with Louland LLC, as identified by Engineer Schmitt.

v. Presentation/Discussion Regarding Utility Facilities Relocation, Road Upgrade, Cost Allocation, Easement, Etc.

The Board discussed the costs for this development and the sharing of costs between the Developer and the District.

It was determined that the Developer would be responsible for roadways and other internal improvements, relocation of utilities, open space and water management. The CID would agree to cost sharing of 50%/50% for the looping of the system, extension of sewer, upgrade of Union Road. It was pointed out that the District is responsible for the upgrade of Union Road to Louland.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board approved the termination of existing easements and granting new easements, relocation of utility facillities, road upgrade, with specified costs to the Developer, the District, and the cost sharing of 50%/50%, as presented by Engineer Schmitt.

C. Resolution 2022-08 FY2023 Meeting Dates

Acted on later in the meeting.

The Board moved 12A of the Attorney Report to 5th Order of Business

A. Resolution 2022-07 Regarding Sale of Parcel 13; Authorizations

Attorney Pires presented the specifics in Resolution 2022-07, which include revisions to the closing agreement, the timing of the payment, and the cost to purchase utility ERCs.

On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board approved Resolution 2022-07 regarding the sale of Parcel 13.

The Board asked for comments from the Audience:

Joyce Carlino asked about Site Plan A and Site Plan B. The Board stated that Site Plan A includes 100 single family homes, and Site Plan B includes 125 multi-family homes.

Deb Jansen wondered what will be beneficial to the current residents. Chair O’Connell stated that there will be no increase in assessments collected, and the new residents in this development will be paying utility ERCs, which might reduce costs to the current residents. Deb Jansen also asked what the open spaces will be used for.

Karen Reed asked if the Gun Club will have changes in their responsibilities.

Kathryn Oswald asked if anything will be built in the open space, and it was stated that it will remain open space.

SIXTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for July 8, 2022

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board approved the Draft Meeting Minutes for July 8, 2022, as submitted.

SEVENTH ORDER OF BUSINESS FY 2023 Budget Public Hearing

District Manager Teague reviewed the tentative Fiscal Year 2023 Budget, and he stated that the current water and sewer budget is based on the current assessment methodology, and the O & M budget is based upon the new O & M assessment levy or revised ERCs.

A. Resolution 2022-09 Adoption of FY2023 Budget

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board opened the Public Hearing at 11:14 a.m.

A resident asked why the assessments on the boat slips went from .4 to 2.5.

Steve McNamee wondered about the ERCs for Parcel A that he owns going from 6 to 9.35, since the Gun Club only has 2 ERCs, and he also referenced an email from Supervisor Jensen to District Manager Teague.

Dan Truckey asked for clarification on the decrease of assessments for the boat slips, and he doesn’t believe it is fair to residents with different acreage. He believes the resolution should be tabled until this discrepancy is resolved.

Steve Gunther has similar concerns as to those of Dan Truckey.

A resident had questions on the capital outlay. Supervisor Leishear stated that they should put the memorandum on the website, and it was stated that the revised CIP plan, which includes the $1 million loan, should also be placed on the website.

On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board closed the Public Hearing at 11:31 a.m.

Supervisor Kish stated that he did not like the format of the Budget that has separate budgets. It was stated that the current format is required, because the water and sewer fund is an enterprise fund. Supervisor Kish stated that, if so, there should be a better split in invoicing for the engineering for O & M and water and sewer.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board adopted Resolution 2022-09 the Fiscal Year 2023 Budget, as presented.

B. Resolution 2022-10 Approval of FY2023 Assessment Levy

District Manager Teague stated that this is asking the County to levy the District’s assessments.

On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board opened the Public Hearing at 11:55 a.m.

There were no Audience comments.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board closed the Public Hearing at 11:56 a.m.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board adopted Resolution 2022-10, the Fiscal Year 2023 Assessment Levy, as presented.

EIGHTH ORDER OF BUSINESS Landscape Maintenance

Robert Soto stated that he will credit the District $2,550 for mowing the retention area, because he could not complete it due to high water accumulation in the pond. In response to District Manager Teague’s question about lack of maintenance on one well access road, Robert stated that he mows the access road to the swales once a year, usually in October.

Robert reported that they had repaired a broken mainline on Newport Road.

District Manager Teague stated that the homeowner usually maintains the swales. Because of the Board’s offer to Sunset Cay, he wondered if the Board would reconsider, since the swale is on the District’s easement. Engineer Schmitt stated that they are in the first phase of improving the drainage to the road to the rear swales, eventually restoring all the swales to their original design.

A. Landscape Maintenance Report, July 2022

Robert did not have a report.

B. Elevation Issues Update

This was not discussed.

C. Trees Trimming Update

This was not discussed.

NINTH ORDER OF BUSINESS Utility Operations

A. July 2022 Plant Operations Report

Mitch Gilbert reported that there have been no issues at the plant, and that they are waiting on the results of a recent FDEP inspection. A resuse pump station at the plant failed and was repaired. The pump station at the end of Cays Drive is getting repaired.

Supervisor Leishear asked about testing the wastewater plant efficiency, because New York had reported polio in their system. Mitch stated that they do no sampling for viruses, but they test the chlorine residuals daily to make sure there is enough to most kill bacteria, and if not, water is not sent out for irrigation. Supervisor Kish had a question about the allocation in the budget for water and sewer, and he stated that the funds received are down.

TENTH 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

The project is in progress, and they are finishing the valley gutter work. The asphalt will be installed next. There was a geyser from a damaged irrigation line, and they had Mitch turn the water off so it can be repaired.

B. Swale Issues

i. 162/163 Sunset Cay

Engineer Schmitt had not received a response from the homeowners regarding the filling in of the easement between the two homes. He also stated that there was another issue in that George Mess didn’t build a ramp over the swale behind his property and his dock. The easement use agreement was to build a ramp over the swale to access his boat dock, but instead he placed a pipe, filled it in, and created a path on top to access his boat dock. He said it was to eliminate a safety concern.

Gary McKinney stated that he hasn’t received any quotes, but the Board stated that he and his neighbor are responsible for 50% no matter what the cost is. They also reminded him that what he did was an encroachment upon the CID’s easement. In regards to the easement encroachment, the Board stated that he and George Mess could provide quotes by the next meeting on September 16, 2022. They need to be agreeable to the cost participation and get easement use agreements from the District, stating that they will maintain the easement in their driveways where they encroached onto the easement without authorization.

Karen Reed took pictures of the flooding after a light rain, and there was water over her ankles at the round-about at the end of Sunset Cay and in the driveway, and the drain was totally covered. She spoke to a County engineer who told her that the area just needed to be regraded back to its original intent.

Supervisor Kish commented that it could be put back to its original state, which had been discussed previously.

Joe Levy commented on issues that he felt would result if the swales are restored to their original state.

Engineer Schmitt stated that he can draw up a sketch with some specifications and the homeowners can get bids within the next 30 days and submit them at the next Board meeting. The homeowners should be prepared to enter into an agreement with the Board at that time and move forward with the project within the next 60 days.

On MOTION by Supervisor Jensen, seconded by Chair O’Connell, with all in favor, the Board approved Engineer Schmitt filing a code violation for the improper changes made to the drainage swale along the seawall behind George Mess’s property.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board agreed to have the homeowners obtain their own bids within 30 days, and to have the work completed within 60 days, with Engineer Schmitt providing the requirements for retaining something in the swale, and the homeowners signing an easement use agreement or restoring it to its original condition.

ii. 159 Windward Cay

A hedge and Banyan tree were planted in the swale at the rear of 159 Windward Cay and should be removed, and the Board wondered who should pay. The Board also discussed the erosion next door and a storm drain at the end of the road.

On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board approved the proposal to remove the existing hedge and the roots of the Banyan tree at the rear of 159 Windward Cay, restoring the bank to its original state, not to exceed $8,700. for the swale work and not for vegetation removal.

The Board discussed the drainage of Mr. Frank’s property at the end of Wilderness Cay, and also drainage on all 4 of the Cays.

On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board approved the proposal to repair the drainage at the property to the south of 159 Windward Cay, not to exceed $500.

iii. 168 Cays Drive

Engineer Schmitt will investigate.

iv. Cays Stormwater Update

Dave stated that they are finalizing the plans and will be getting bids in late September or early October. He will get a bid on cleaning out the existing swales by removing trees and vegetation, and he will solicit an alternate bid for laying pipe in the rear yards.

C. Review of CIP – Priority List

Dave had handed this out, and he stated that this is the CIP for 2023. They plan to include a priority list for the next Fiscal Year. District Manager Teague will post a memorandum of the new CIP and remove the old CIP.

Dave stated that there is an issue concerning the easement use agreement at 199 Cays Drive. This was the installation of a bridge across the drainage easement.

On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board approved obtaining the signature from the homeowner on the easement use agreement at 199 Cays Drive, with the chair authorized to sign.

ELEVENTH ORDER OF BUSINESS District Manager Report

A. Monthly Financial Report for July 2022

District Manager Teague reviewed the Financials. Chair O’Connell stated that the District is in the black, and the funds will take them to the end of Fiscal Year 2022 and into Fiscal Year 2023. Supervisor Leishear had a question about an invoice for Attorney Cox, and District Manager Teague stated that it was for the audit certification when a legal opinion is received. Mr. Cox was the attorney of record for that time period.

On MOTION by Chair O’Connell, seconded by Vice Chair Holloway, with all in favor, the Board approved the Financials for July 2022.

B. Parcel 13 Updates and Action Items

Bi., ii., iii., iv., v. moved to 5th Order of Business

i. Restrictive Covenants

ii. Closing Agreement – Utility ERCs

iii. Alternative Site Plan

iv. Designating Ingress/Egress Route for Louland LLC

v. Presentation/Discussion Regarding Utility Facilities Relocation, Road Upgrade, Cost Allocation, Easement, Etc.

C. Resolution 2022-08 FY 2023 Meeting Dates

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board approved Resolution 2022-08 setting the Fiscal Year 2023 meeting dates to the third Friday of every month.

TWELFTH ORDER OF BUSINESS Field Manager Report

A. Field Report

District Manager Teague reviewed Field Manager Pepin’s report, and the following items were discussed:

The mowing to be done by Soto Lawn Maintenance was previously discussed, the sidewalks need to be restored after the new construction is complete, the potholes on Union Road should get a temporary fix, and Chris was asked to get prices for cleaning the mold and algae on the sidewalks in the community. Chris had asked Soto for a bid to prune the palm trees on the road median, Soto will install a new clock, and Chris will see that a missing flag is replaced.

B. Follow-ups

i. Aerator Installation Update

They are still waiting for the permit for the electrical from the County to install the aerators in the ponds, and they hope to have it by the end of the month. Solitude will complete the project once the permit is received.

ii. Newport Drive Monument Painting Project Update

As previously discussed, Island Painting completed the monument painting on August 17th, but it did not match the monuments on either side of Newport Road. The contractor will return and repaint them a cream color.

THIRTEENTH ORDER OF BUSINESS Attorney Report

A. Resolution 2022-07 Regarding Sale of Parcel 13; Authorizations

Moved to 5th Order of Business

B. Loan with Valley National Bank

i. Resolution 2022-11 Approving Loan and Loan Agreement

On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with four in favor, and Supervisor Kish opposed, the Board approved Resolution 2022-11 for the loan and loan agreement with Valley National Bank.

The Board requested that Attorney Pires submit his legal fees for the McNamee lawsuit.

ii. Loan Agreement

FOURTEENTH ORDER OF BUSINESS Old Business

District Manager Teague stated that they had received bids for mosquito spraying. He will ask for a proposal and this will be acted on at the next meeting.

FIFTEENTH ORDER OF BUSINESS New Business

There was no New Business.

SIXTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

Supervisor Leishear commented on the misinformation and criticism that is written in Next Door.

Supervisor Jensen commented about Steve McNamee’s misunderstandings of his comments in emails.

Vice Chair Holloway stated that she appreciated the communication from Frank Lee about the Stella Maris North project.

SEVENTEENTH ORDER OF BUSINESS Audience Comments

Deb Hansen asked what the Continuation Meeting on September 2nd is for, and Attorney Pires stated that it is to finalize documents for the sale of Parcel 13. She also commented that Next Door is a good place for the residents to communicate with each other. In addition, she wondered why the Board could not stop the homeowners in the Cays who were encroaching into the CID easement.

Joyce Carlino asked about the code violation procedure in Collier County.

EIGHTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board agreed to continue the meeting to September 2, 2022 at 9:30 a.m.

A Continuation Meeting will be on September 2, 2022 at 9:30 a.m.
The Next Regular Meeting will be on September 16, 2022 at 9:30 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair