Meeting Minutes for March 18, 2022
Port of the Islands
Community Improvement District
The 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, March 18, 2022 at 9:41 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)r
Anthony Pires, Jr. – Attorney, Woodward, Pires & Lombardo, P.A.
David Schmitt – Engineer, Hole Montes, Inc.
Robert Soto – Soto’s Lawn Service, Inc.
Mitch Gilbert – Florida Utility Solutions
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 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, Robert Soto of Soto’s Lawn Service, Mitch Gilbert of Florida Utility Solutions, Tony Pires, the Attorney, and Several Residents. Several Residents also participated via web conference.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 15A Resolution 2022-04 Rate Schedules, 15B Resolution 2202-05 Rules Amendments, 14B Change “Road” to “Drive”
On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Agenda was approved, as amended.
FOURTH ORDER OF BUSINESS New Assessment Methodology Public Hearing
On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board opened the O&M Assessment Methodology Public Hearing at 9:41 a.m.
The Assessment Methodology from Russ Weyer of Real Estate Econometrics, Inc. was discussed. However, he could not be present. During discussion, the Board determined that there needed to be a continuation meeting, and it was scheduled for April 1, 2022 at the Orchid Cove Clubhouse at 9:30 a.m. Mr. Weyer is available for the April continuation meeting and will attend.
A. Caryl Williams Inquiry on O & M Assessment Methodology
Comments previously submitted from Ms. Williams were entered into the meeting records. She also commented during the meeting about her objections to findings within the study, which Russ Weyer had addressed in an email response to District Manager Teague.
B. Resolution 2022-03
This was tabled until the continuation meeting.
On MOTION by Supervisor Jensen, seconded by vice Chair Holloway, with all in favor, the Board agreed to continue the O&M Assessment Methodology Public Hearing to April 1, 2022.
FIFTH ORDER OF BUSINESS Audience Comments on Agenda Items
There were comments from Deborah Jansen, Frank Lee, George Mess, and Eric Gotiuso. These comments could not be picked up clearly from the audio system.
SIXTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for February 18, 2022
Line 91 State that it was requested that staff research how to ensure that golf carts can be used in the community.
Line 98 Add that Supervisor Jensen commented that he would like the parcel listed for sale at $5 million, and no action was taken.
Line 94 Change “I wonder if” to “stated that the CID needs to create ERC transfer forms.” Also change the statement about PILT funds to say “Supervisor Kish requested that Attorney Pires research the allocation of PILT funds between the CID, Immokalee, Everglades City, and Ave Maria.”
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board accepted the Draft Meeting Minutes of February 18, 2022, as amended.
SEVENTH ORDER OF BUSINESS Landscape Maintenance
A. Landscaper Notes and Updates
Robert Soto had emailed his report to the Board. He had to leave the meeting, so Vice Chair Holloway commented that there was nothing new outside of what was in the report. He had stated in the report that the master plan for the irrigation on Newport Drive will be presented at the next meeting. The Board would like discussion on the landscape maintenance on the US 41 median added to the next Agenda, and if the agreement should be terminated due to the cost.
B. Any New Proposals
There were no new proposals.
EIGHTH ORDER OF BUSINESS Utility Operations
A. Utility Report
Mitch Gilbert distributed his report to the Board, and stated that all systems were running well. He also commented that he had been prepping for hurricane season, and that the pump stations had been inspected, and there were no issues found. Mitch reported that the installation of the cameras is a slow process because of supply chain issues. He stated that all the backflow preventers have been serviced and are working properly. He reported that there were only 34 or less meters remaining to be changed out.
NINTH ORDER OF BUSINESS Engineer Report
Engineer Schmitt reviewed his report and the following was discussed:
A. New Home Construction Issues
There was a lengthy discussion on encroachment into the CID easements. It was commented that the Board would like to see notice of building permits from the County before they are approved, so they can see if there are any encroachment concerns.
On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board approved a letter being sent to Collier County, requesting that there be Port of the Islands signoff before a building permit is issued.
B. Water Tank Inspections
David reported that the inspections showed that everything is in good condition, except for the necessity of replacing a 1990 water tank, and it needs to be done within the next year. He and Mitch Gilbert will work toward developing a solution for the tank replacement during the repairs.
C. Drainage Concerns Issue
The Board was concerned about the progress in addressing the drainage issues and wanted the staff to move forward with getting proposals for surveying the drainage swales and meeting with SFWMD to identify options for improving the system.
D. Engineering Contract Update
David presented a draft, and he is working on finalizing it. He will present the final contract proposal to the Board for their consideration at the next meeting.
TENTH ORDER OF BUSINESS District Manager Report
A. Monthly Financial Report
District Manager Teague stated that the report showed that the District is in good condition.
On MOTION by Chair O’Connell, seconded by Supervisor Leishear, with all in favor, the Board approved the Financial Report for Audit, as presented.
B. Fiscal Year 2023 Budget Discussions
District Manager Teague stated that the draft budget will be presented at the next meeting. Additional needs that have been brought forward are stormwater enhancements and maintenance, and the water tank roof.
C. Public Records Requests Policy Discussion
This was tabled until the next meeting.
ELEVENTH ORDER OF BUSINESS Field Manager Report
A. Field Report
District Manager Teague reviewed the report, and stated that any questions about the report should be emailed to him.
The Board requested that proposals be submitted for aeration in the three ponds.
B. Other Follow-up Items
i. Union Road, Gulf Coast Cays, and Louland Range Signage Replacement Update
Field Manager Pepin reported that Lykins had told him that the permit should be approved within the next couple of weeks. It will then be another 4 to 6 weeks before they can install the new signs. He expected the turn around to be approximately 8 weeks.
ii. LCEC Orchid Cove Light Poles Cleaning Investigation
Chris stated that the poles are covered in moss and algae, and he created a work order to have them pressure cleaned. This will be completed during the April site visit. Also, LCEC had informed him that they would not clean any of the poles.
TWELFTH ORDER OF BUSINESS Attorney Report
A. Cays Drive Monument License Agreements Update
Attorney Pires stated that the agreements had been sent, and he is still waiting on a response from the property owners. Also, upon Tony’s request, Supervisor Leishear stated that he will provide him the contact information on Parcel B.
B. Decorative Pavers Right-of-Way Permit
A use of right-of-way agreement had been prepared, and the draft was reviewed. The Board and Attorney Pires agreed to remove item 2 regarding liability insurance. Tony will send the revised agreement to new home builders.
C. Union Road Sign Maintenance Agreement
Tony stated that he is still reviewing this agreement.
D. US Median Maintenance Options
This was tabled until the next meeting.
E. Stella Maris North Cul-de-Sac Parking Deed Issue
Frank Lee, President of the COA, had sent Attorney Pires an email clarifying the parking situation. In the email he stated that he will ask the Stella Maris North Board to drop this request to allow parking and to black out the painted parking strips. The Board decided to table this until the COA Board acted on Mr. Lee’s recommendation.
THIRTEENTH ORDER OF BUSINESS Old Business
A. Parcel 13
i. Listing Brochure
Mike Carr presented the brochure and a copy of the listing in Loop.net for review by the Board. He summarized where he was in the process of the sale.
Mike Carr introduced the representatives for two full offers at $3 million each. The first one, which had been sent previously, was from Lindsay Case, who proposed residential development. The second proposal was from Donald Jones, who proposed a high-end RV park. After discussion, the Board agreed to delay a decision until the April 1st continuation meeting. Per the suggestion of Attorney Pires, the Board requested that Chair O’Connell, Engineer Schmitt, Attorney Pires, and District Manager Teague develop a bullet point list of priorities for the sale of the property, which will be sent to the proposers and reviewed at the next meeting.
On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Board agreed that District Manager Teague, Chair O’Connell, Engineer Schmitt, and Attorney Pires develop a bullet point list of priorities for the sale of Parcel 13 to potential developers, and be presented at the April 1, 2022 continuation meeting.
FOURTEENTH ORDER OF BUSINESS New Business
A. 162/163 Sunset Cay Easement Encroachment Violation Discussion
The homeowners of 162 and 163 Sunset Cay had been sent letters concerning their easement encroachment without CID approval. Attorney Pires had sent a cease-and-desist letter to the homeowners, and Engineer Schmitt had filed a code enforcement complaint. After extended discussion, the Board agreed to table the issue until the April 1st continuation meeting, so that staff could get input from SFWMD and the County on the proposed effort of the homeowners.
On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board agreed to table the 162 and 163 Sunset Cay easement encroachment issue until the April 1st, 2022 continuation meeting, so that staff could get input from SFWMD and the County on the proposed effort of the homeowners.
B. New Landscaping Lights for Newport Drive Entrance Monument Proposal
As requested, Excel Electric submitted an estimate to upgrade the landscaping lights at the Newport Drive entrance to the same LED lights at the Cays Drive entrance. This includes two side monuments and the middle entrance monument. It also includes replacing the old timer with a new outdoor rated time clock.
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board approved the proposal from Excel Electric to install landscaping lights at the Newport Drive entrance, and to replace the old timer with a new outdoor rated time clock, not to exceed $1,600.
FIFTEENTH ORDER OF BUSINESS Rules Amendments Public Hearing
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board opened the Rules Amendments Public Hearing at 1:51 p.m.
A. Resolution 2022-04 Rate Schedules
The Rate Schedules changes were discussed and the Audience commented.
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board agreed to continue the Resolution 2022-04 Rate Schedules Public Hearing to April 1, 2022.
B. Resolution 2022-05 Rules Amendments
Attorney Pires reviewed the proposed changes to the Rules Amendments, and the Board discussed the changes.
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board agreed to continue the 2022-05 Rules Amendments Public Hearing to April 1, 2022.
SIXTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Supervisor Jensen asked why the Board did not set a higher asking price for Parcel 13. After discussion, the Board agreed to set the asking price to $5 million.
On MOTION by Vice Chair Holloway, seconded by Supervisor Jensen, with all in favor, the Board approved changing the listing price for Parcel 13 from $3 million to $5 million.
Supervisor Leishear commented that he is concerned about residents parking boats and trailers in their yards.
SEVENTEENTH ORDER OF BUSINESS Audience Comments
Steve McNamee asked who is responsible for repairing the drainage swale blowouts and for maintaining the swales.
An Audience member asked when Mike Carr will be told the new asking price for Parcel 13, and who is responsible for telling him to advertise it.
An Audience member asked what the parking lot across from the hotel is zoned for.
An Audience member made two comments, which were unintelligible because of the audio system.
EIGHTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board agreed to continue the Regular Meeting and Public Hearings to April 1, 2022.
The Regular Meeting, and the Public Hearings for Rate Schedules and Rules Amendments Continuation Meeting is on April 1, 2022 at 9:30 a.m.
The next Regular Meeting is on April 15, 2022 at 9:30 a.m.