Draft Continued 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
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 from 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 the 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 requirement to establish an HOA, 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 present his comments after the presentation by Engineer Schmitt.
On MOTION by Supervisor Jensen, seconded by Supervisor Leishear, with all in favor, the Board approved that Resident Dan Truckey can make comments after the report of Engineer Schmitt.
ii. Non-Agenda Items
Kathryn Kehlmeier commented on the impact of community use of Next Door 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 while they were at the Water Treatment Plant.
Rheta Bradke 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, so now it can be removed from the Agenda.
Karen Reed commented that she believed that the Agenda packets should be posted on the website before meetings for public access.
Because of concerns from the Audience, the Board decided to keep the Audience Comments Agenda item at the beginning and 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 that they are working on the tree that fell at the water plant.
He stated that he will be addressing irrigation concerns at the 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
Mitch Gilbert’s report was not included in the Agenda packet, but he summarized progress on the following:
He stated that operations at the water plant were running well, and there had been no complaints concerning chlorine usage.
A. Water Meter Change Out Update
He reported that all meters had 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 and illicit a response.
C. Building Security
This item was added to the Agenda to discuss building security concerning mosquito operations that require non-licensed water plant personnel 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 its placement in a secure location outside the fenced plant area, not to exceed $6,500.
NINTH ORDER OF BUSINESS Engineer Report
Engineer Schmitt presented his report and explained the history of Port of the Islands 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 for 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, including a valley gutter for handling stormwater.
The other issues for Stella 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 what is needed to take over all privately held stormwater systems that can legally be included in the Port of the Islands public stormwater system, and that staff prepare the documents.
B. New Home Drainage/Construction Issues
It was determined that 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 coordinating their efforts to take care of this.
David presented the results of his investigation concerning some issues of the control structures on the finger streets in the Cays, and he felt that maintenance was needed to allow them to function properly. It was noted that they also need to clean the silt and cut vegetation. Staff will see that this is done.
The concerns at 162 and 163 Sunset Cay where the swale was filled in, and a pipe installed were discussed. An elevated structure had been authorized for placement at 163, but, instead, a culvert was installed and the swale filled in. Both issues will be discussed with the homeowners after David has identified any alternatives that would satisfy all concerned.
The drainage structure between Evening Star and Sunset Cay was discussed, and David stated that it is scheduled for repair on June 8, 2022 by Mitch Gilbert’s team.
C. Storm Water Project
David is proceeding with this project, and he will be bringing on two more engineers to assist.
Resident Dave Truckey stated that he had observed that much of the equipment at the wells was unsecured, and he felt that locks needed to be installed. Mitch Gilbert agreed to have the locks installed.
At this point in the Agenda, the Board held two closed door sessions, with only the Court Reporter attending along with District Manager Teague, Attorney Pires, and Attorney Lenore Brakefield. The sessions will be updated by the Attorney.
TENTH ORDER OF BUSINESS District Manager Report
A. Requesting County Board of Supervisors Conduct CID Election Resolution 2202-07.
On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board approved Resolution 2022-07 requesting the County Supervisor of Elections to conduct the CID election.
B. Fiscal Year 2023 Budget Discussions
i. Capital Needs Projections
The Board discussed four projects which were presented by Engineer Schmitt, totaling $1,240,000. These included, initiating the stormwater system upgrades, repairing asphalt and drainage in Stella Maris North, installing a new roof for the existing water tank, and installing a new water/irrigation tank.
ii. Loan Consideration
There was discussion on funding the aforementioned projects and other repair and replacement items with a five-year $1,000,000 loan. The Board approved, and District Manager Teague hopes to have the documents for signature available at the next meeting.
On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with 4 in favor, and Supervisor Kish opposed, the Board authorized the procurement of a five-year $1,000,000 loan, with debt service being paid out of the current operating funds.
iii. Fiscal Year 2023 Budget Public Hearing Resolution 2022-06
The Board agreed to the amend the Budget, to include the proceeds for the loan, to include those capital items previously discussed, and to increase legal and engineering expenses by $12,000 each in both the utility fund and the General fund.
On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board approved Resolution 2022-06 accepting the tentative Budget with no increase in assessments, and reflecting the new loan, with the Public Hearing set for August 19, 2022.
C. Public Records Requests Procedures
District Manager Teague presented the revised records requests procedures, which are now being followed by the staff that are responsible for their implementation. Fees will be assessed after 15 minutes of work has been completed. Attorney Pires confirmed that this is acceptable.
D. Monthly Financial Report for April 30, 2022
On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Financial Report for April 30, 2022 was accepted for Audit.
E. Agenda Posting on the Website
After discussion, the Board agreed that the Agenda packets will not be posted on the website due to ADA concerns.
ELEVENTH ORDER OF BUSINESS Field Manager Report
A. Field Report
Due to the length of the meeting, District Manager Teague quickly reviewed the report. The task that was identified was to
proceed with the painting of the Newport Drive monument.
i. Union Road, Gulf Coast Cays, and Louland Range Sign Base Replacement Painting Update
This project is scheduled to be completed during June’s maintenance visit. All the street poles in Orchid Cove are being pressure washed in May.
ii. LCEC Orchid Cove Light Poles Cleaning
This project is scheduled to be completed by May 31, 2022.
iii. Swan Way and Union Road Stop Sign
An estimate was received from D&G.
On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Board approved the installation of two stop signs at Swan Way and Union Road, not to exceed $2,750.
TWELFTH ORDER OF BUSINESS Attorney Report
A. Closed Session on McNamee Lawsuit
The Board went into the closed session at 12:05 p.m.
B. Closed Session on Prephan Lawsuit
The Board went into the closed session at 12:22 p.m.
C. Golf Cart Usage on CID Roads
This was tabled until further notice.
THIRTEENTH ORDER OF BUSINESS Old Business
A. Cays Monument Wall License Agreement
J. C. Sanchez had stated that he would replace the wall on Parcel B, but Steve McNamee stated that he will not sign the license agreement to have it done. Therefore, the project was dropped.
FOURTEENTH ORDER OF BUSINESS New Business
A. Ponds Aeration
The Board decided to approve new aerators and new electric service on three ponds.
On MOTION by Chair O’Connell, seconded by Supervisor Leishear, with 4 in favor and Supervisor Kish opposed, the Board approved the installation of new aerators and new electric service for three ponds, not to exceed $20,000.
B. Durland Fish Email
In response to Mr. Fish’s request that the sale of Parcel 13 be slowed down, the Board stated that there is no need, because the sale has been initiated.
C. Dissolve the CID
In response to a poll summitted by the community and discussion with audience member Joe Levy to dissolve the CID, Attorney Pires referred to Chapter 190 of the Florida Statutes. Because of the requirements for the dissolution and other factors, the Board believed that this proposal would be improbable.
D. YouTube Posting
Currently the meeting recordings are kept internally, and placed on YouTube after one year. The Board decided to place all meeting recordings on YouTube directly after each meeting.
FIFTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Vice Chair Holloway asked if there had been progress on shielding the light that she had pointed out previously. It was stated that the LCEC had refused to do so. Supervisor Leishear will investigate.
Supervisor Kish wondered if the mosquito sprayer might need a trickle charger, because the battery keeps dying. District Manager Teague will investigate.
SIXTEENTH ORDER OF BUSINESS Audience Comments
Steve McNamee stated that there were statements made by the Board, and placed on the website and Next Door that were distorted.
J.C. Sanchez would like the Board to make sure that there are no dedicated easements, because boat access will be developed in the area of 29 Cays Drive. He also wondered how the Board assesses and determines ERC’s.
Joe Levy referenced the CID’s takeover of the stormwater system, and wondered who is responsible for the seawall. He also suggested that the closed sessions be at the beginning of the meeting for the convenience of the audience and staff.
SEVENTEENTH ORDER OF BUSINESS Adjournment
On MOTION by Supervisor Leishear, seconded by Supervisor Kish, with all in favor, the Board agreed to adjourn at 2:58 p.m.
The Next Regular Meeting will be on June 17, 2022 at 9:30 a.m.