Meeting Minutes July 8, 2022
Port of the Islands
Community Improvement District
The regular meeting of the Port of the Islands Community Improvement District was held on Friday, July 8, 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.
Lenore Brakefield – Attorney, Woodward, Pires & Lombardo, P.A.
David Schmitt – Engineer, Hole Montes, Inc.
Mitch Gilbert – Florida Utility Solutions
Robert Soto – Soto Landscape Maintenance
Rich Yovanovich – Attorney, Coleman, Yovanovich, and Koester, P.A.
Francesca Passidomo – Attorney, Coleman, Yovanovich, and Koester, P.A.
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 Supervisor Leishear and 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. Lenore Brakefield, Attorney, Rich Yovanovich, Attorney, Francesca Passidomo, Attorney, and Several Residents also participated via web conference.
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board approved Supervisor Leishear’s and Supervisor Jensen’s attendance via web conference.
SECOND ORDER OF BUSINESS Pledge of Allegiance
THIRD ORDER OF BUSINESS Approval of the Agenda
Add 8D Review of CIP
Add 9C Review FY 2021 Audit
Add 5B May 20, 2022 Minutes
Add 11B Consideration of Resolution 2022-07 Sale of Parcel 13
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Agenda was approved, as amended.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on Agenda items.
Tim Reed wondered if the ponds can be drained and aerated each year during the dry season to prevent odors.
FIFTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for June 17, 2022
Line 55 Include in the motion “the reparation costs will be shared between the homeowners and the CID”.
B. Draft Meeting Minutes for May 20, 2022
Line 124 Change “in the area of 29 Cays Drive” to “on his property on Cays Drive”
On MOTION by Chair O’Connell, seconded by Supervisor Leishear, with all in favor, the Board approved the Draft Meeting Minutes for June 17, 2022 and May 20, 2022, as amended.
SIXTH ORDER OF BUSINESS Landscape Maintenance
A. Landscape Maintenance Report, June 2022
Robert Soto reviewed his report and stated that the Euro’s had been cleaned up, all approved estimates had been completed, and that some elevation issues need to be addressed.
During his ride around with Vice Chair Holloway, they noted that trees need to be trimmed at the following locations:
1. Sunrise Cays entrance – 2 trees
2. 117 Newport Drive – a Mahogany was observed, but does not need trimming as of yet
3. 275 Cays Drive – 1 Mahogany
4. 255 Cays Drive – 2 Oaks
5. 156 Venus Cay
6. 161 Venus Cay
7. 143 Windward Cay
Robert will contact the homeowners and ask them to pay for the trimming. It was determined that the CID can trim the trees, if they present a safety issue. Robert suggested an estimate for the project of $1,500.
SEVENTH ORDER OF BUSINESS Utility Operations
A. June 2022 Plant Operations Report
Mitch Gilbert reviewed his report and stated that the wastewater plant had met all its requirements for water distribution, there were no issues with the pump stations or odor control, and all the security cameras had been installed. District Manager Teague had consulted with Attorney Pires, and Attorney Pires stated that viewing the footage from the cameras should be limited to one Board member for security reasons. After discussion, the Board decided that only staff should have access to the footage.
On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board approved access to the footage of the security cameras by staff only.
EIGHTH ORDER OF BUSINESS Engineer Report
Engineer Schmitt reviewed his report and discussion and actions were taken on the following:
Dave stated that the contractor informed him that they can begin the project at Stella Maris North on July 25, 2022, and it will be completed in approximately 6 weeks, and there will be a meeting with the contractor and residents to coordinate the closing of the streets.
A. 162/163 Sunset Cay Update
Referring to the decision by the Board to split the cost of the remediation between the property owners and the CID, the Board agreed to send a letter to the homeowners, requiring a 30 day response. If they do not agree to assume half of the cost, the Board will pursue legal action.
Resident Karen Reed had questions about the project, and commented that the CID should not compromise with the homeowners.
One of the homeowners installed a pipe in their rear drainage swale instead of installing a walkway, and the Board agreed to send a letter, asking them to correct it.
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board approved sending a letter to the homeowner who placed a pipe in the drainage swale behind their home, asking them to correct it.
B. Cays Stormwater Update
They will be having a Zoom meeting with South Florida Water Management District, where they will discuss the drainage situation and what the next steps should be to correct it.
C. House Bill 53 Stormwater/Wastewater Analysis Update
The report had been submitted, and copies are available.
D. Review of CIP
Dave reviewed the projects that are upcoming, and the priority for their completion was discussed. Those projects include Stella Maris North, which now has a contract, the drainage in the Cays, the water storage tank at the treatment plant, and the replacement of the isolation valves in the distribution system. Dave will put together the revised list by priority and present it at the next meeting.
Supervisor Jensen, who was online, left the meeting at 12:01 p.m. near the end of the Engineer’s report.
NINTH ORDER OF BUSINESS District Manager Report
District Manager Teague review his report, and discussion and actions were taken on the following:
A. Monthly Financial Report for June 2022
On MOTION by Chair O’Connell, seconded by Vice Chair Holloway, with all in favor, the Board approved the June 2022 Financial Report, for Audit.
B. Loan Finalization Update
District Manager Teague reviewed the discussion from the last meeting regarding the loan, and if it could be a line of credit. That option was present with a standard 5-year fixed rate of 3.95% revolving loan.
On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with 3 in favor, and Supervisor Kish opposed, the Board approved obtaining a 5-year fixed rate of 3.95% revolving loan.
C. Review FY 2021 Audit
District Manager Teague reviewed the Audit, and the Board decided to approve it.
On MOTION by Chair O’Connell, seconded by Vice Chair Holloway, with all in favor, the Board approved the Fiscal Year 2021 Audit, as submitted.
TENTH ORDER OF BUSINESS Field Manager Report
A. Field Report
District Manager Teague reviewed Field Manager Pepin’s report, and the following items were discussed:
Chris reported that the asphalt in front of the valve box at 333 Newport Drive is pulling apart and is scheduled to be repaired by D&G on July 13, 2022.
The painting of the center monument at the Newport Drive entrance will be completed by the end of the month.
The Well Road had been cut back by Soto Lawn Maintenance.
i. Pond Treatment Increase
Chris had stated that there was a request to increase the treatment of the ponds from twice monthly to monthly. This would be a cost increase of $320 per month. District Manager Teague explained that the treatment entails spraying the weeds in the ponds and controlling the algae. The Board decided that treating the algae with aeration is preferable to spraying it.
ii. Aeration of Drainage Ponds
The electrician had applied for the permits.
ELEVENTH ORDER OF BUSINESS Attorney Report
A. Covenants and Restrictions for Parcel 13 Update
This item was discussed earlier in the meeting when Attorney Pires reviewed covenants and deed restrictions that are currently in the proposed sales agreement. There had been numerous conversations between Lindsay Case and his attorneys, Rich Yovanovich and Francesca Passidomo, Attorney Pires and his associate Lenore Brakefield, Engineer Schmitt, and District Manager Teague, discussing these edits and revisions. Attorney Pires stated that a 3rd amendment had been proposed, moving the closing date to September, 9, 2022, to allow for further discussions and revisions. Mr. Case and his attorneys felt that the covenants were overly restrictive, and Attorney Pires stated that the 2nd deposit that was due on June 22, 2022 had not been delivered. The Board requested that a list of priorities be submitted to them. As part of the discussion, Mr. Case and his legal team proposed a Plan B, in case the County Commissioners do not agree with the request for a zoning change. The goal is to have a high end development, but if the County requires changes in the proposed use of the property, then the zoning might have to remain and change to a Plan B. The Board requested that the agreement specify that rentals must be occupied for at least 6 months. The total number of dwellings is understood to be 100 single family homes, but a Plan B would be for 120 multi-family units.
The sales contract will be signed by July 15, 2022. The Chair is authorized to sign the agreed upon 3rd amendment, moving the closing date to September 9, 2022. Attorneys Yovanovich and Passidomo will put together a schedule of events, with Attorney Pires’s input, and present it to the Board. When there is agreement by both parties, all the additions and revisions discussed will be added, and then the closing can proceed. Attorney Pires cautioned that the rezoning will go through the County Commissioners, and the finalization of Plan A or Plan B will be dependent on the timing of their decision. Mr. Case expected to submit the 2nd deposit within the next day or so.
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.
B. Consideration of Resolution 2022-07 Sale of Parcel 13
Resolution 2022-07 will be reviewed at the August 19th meeting.
TWELFTH ORDER OF BUSINESS Old Business
There was no Old Business.
THIRTEENTH ORDER OF BUSINESS New Business
There was no New Business.
FOURTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Chair O’Connell thanked Attorney Pires, Engineer Schmitt, and District Manager Teague for all their work on the sale of Parcel 13.
FIFTEENTH ORDER OF BUSINESS Audience Comments
Joe Mazerko commented that, according to his experience as a government official in Ohio, the County should be used for services, which will cut costs.
Steve McNamee commented that he has property available for parking near Stella Maris North that could be used during the paving project.
SIXTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board agreed to adjourn.
The Next Regular Meeting will be on August 19, 2022 at 9:30 a.m.