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Draft Meeting Minutes for January 21, 2022

Port of the Islands
Community Improvement District

The meeting of the Port of the Islands Community Improvement District was held on Friday, January 21, 2022 at 9:57 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
Anthony Pires, Jr. – Attorney
Lenore
David Schmitt – Engineer
Mitch Gilbert – Florida Utility Solutions (FUS)
Robert Soto – Soto Lawn Service
Marcene McNamee- Resident
Audrey Sanders – Orchid Cove Resident
Mary Beth Stewart – Resident
Christopher Dudak – PDM Client Services Manager
Other 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 meeting was called to order by Chair O’Connell and all Board members were present, with Vice Chair Holloway attending by web conference. Also at the meeting were Cal Teague, District Manager, David Schmitt from Hole Montes Engineering, Mitch Gilbert from Florida Utility Solutions, and Robert Soto from Soto Lawn Service. Anthony Pires, the Attorney, Lenore ??? Residents Marcene McNamee, Audrey Sanders, Mary Beth Stewart, and Christopher Dudak from PDM participated via web conference.

SECOND ORDER OF BUSINESS Pledge of Allegiance

THIRD ORDER OF BUSINESS Meeting Procedure Discussion

District Manager Teague presented procedures appropriate for Audience members and time limits for Board meetings. The Board and residents discussed this, and no action was taken.

FOURTH ORDER OF BUSINESS Approval of the Agenda

On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board accepted the Agenda, as presented.

FIFTH ORDER OF BUSINESS Audience Comments on Agenda Items (5 minutes per Speaker)

Kathryn Kehlmeier wondered if E-verify is in the rules document for vendors. She also suggested that the title of “Agenda Packet” be changed to “Agenda Only” on the website.

Deborah Jensen expressed concern about the length of time it is taking to complete repairs to resolve the flooding issue on Cays Drive. District Manager Teague stated that this is an expensive and complicated project??? which will take some time.

Frank Lee from the SM??? Master Board asked if the stormwater drainage in the SM is on the agenda today. Engineer Schmitt stated that he will present an overall drainage update later in the meeting.

SIXTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for December 17, 2021

District Manager Teague stated that Attorney Pires had sent some corrections which had been made.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board accepted the Draft Meeting Minutes for December 17, 2021, as amended.

SEVENTH ORDER OF BUSINESS J.C. Sanchez Presents Plan for Parcel Bon West Side of Cays Drive

J.C. Sanchez introduced himself and stated that he is a resident, and he has pruchased Parcel B. He assured the Board that he wanted to allay any fears, because his plan for the parcel will bring value and beauty to the community.

EIGHTH ORDER OF BUSINESS Commercial Real Estate Listing Agreement

A. LandQwest Listing Agreement Update Response to Requested Changes

LandQwest did not accept the changes presented to them.

On MOTION by Supervisor Jensen, seconded by Vice Chair Holloway, with all in favor, the Board agreed to reject the LandQwest agreement.

B. Response from Mike Carr on Interest to Sign Agreement if LandQwest Doesn’t Approve Board Changes.

Before Mike Carr arrived, Russ Weyer reported on the projects he was assigned. He stated that the 41 Median project and the Union Road landscape project were complete. He also presented a proposal on ???He expected the other projects to be complete in the next couple months.

Mike Carr stated that the best use of the property is residential. He does not know how to price it at this point. He plans to advertise it as the number of units that could be sold.

Russ Kish ???asked if there was a DEP on it. District Manager Teague stated that an ERP is what is needed and applied for by the developer. The document on the website that states that there are 160 ERUs on the land is outdated and will be removed. It was stated that there are only 10 acres available for wetlands.

Mike stated that the due diligence will take awhile, because developers do not want to own it without permits. Mike estimated that it will take about a year and a half for closure.

There was a discussion on possibly reserving ERUs for development to ensure that there are enough of the remaining ERUs available.

On MOTION by Vice Chair Holloway, seconded by ???, with all in favor, the Board agreed to hire Mike Carr as the commercial realtor.

NINTH ORDER OF BUSINESS Landscape Maintenance

A. Landscaper Notes and Updates

Robert Soto stated that he will investigate the irrigation on Cays Drive.

TENTH ORDER OF BUSINESS Utility Operations

A. Utility Report

Mitch Gilbert reported that the plant is running well. He received many complaints of high chlorine. They readjusted the equipment, and he assured the Board that the amount of chlorine was never above the legal limit.

B. Water Meter Changeout Program Update

The meter at Orhid Cove had been installed, and there are two remaining. There have been many complaints of higher bills. Mitch downloaded graphs and presented them to the residents for proof.

C. Area Lights and Cameras at Plant Update

The third camera had been installed, and there are two remaining. The fiber optic installation is scheduled for February.

D. Culvert Cleanout Update

Mitch reported that they were finishing up. He stated that the ditch is higher than the culverts and will fill up in the rainy season. The gravel placed in the potholes on Union was washing out. He believed they need to come up with other options.

Supervisor Kish was concerned that the invoices from FUS total $65,000. He asked what is included in the monthly fee and what the extra charges were. Mitch will meet with Supervisor Kish to discuss how to itemize the invoices.

ELEVENTH ORDER OF BUSINESS Engineer Report

A. CIP Report Review

Engineer Schmitt reviewed the report. The Board discussed the drainage in the swales, and which need to be addressed in the near future.

On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board authorized Engineer Schmitt to draw up proposals for the drainage project in Cays and Newport.

B. New Home Construction Issues

Engineer Schmitt and the Board discussed the issue of homeowners putting pavers across sidewalks and driveways. They pose a trip hazard and issues with the ADA. Engineer Schmitt would like an easement agreement for the right of way. Homeowners should take out the pavers or sign a license agreement giving them the responsibilty for any incidents that occur.

On MOTION by Vice Chair Holloway, seconded by ???, with all in favor, the Board authorized license agreements to be drawn up and signed by the Chair.

There are also residents that would like to put in docks and gain access across the swale. The Board decided that they would sign easement agreements, the homeowner would sign the agreement, and then they could put in docks.

On MOTION by Vice Chair Holloway, secoded by Supervisor Leishear, with all in favor, the Board authorized signing the easement for docks.

C. Water Tank Inspections

Aquaforce was planning to inspect the fire irrigation tank on January 27, 2022.

D. Cays Sidewalk Flume Bids

They had received two bids and are expecting a third. The Board decided not to take any action until the third bid has been submitted.

E. Stop Signage at US 41 and Newport Drive

The permit for the stop signage had been received with a quote.

On MOTION by ???, seconded by Vice Chair Holloway, with all in favor, the Board agreed that the stop signage project can be completed, not to exceed $11,000.

F. Drainage Easement Lots 89 & 90 and 75 & 76 on Sunset Cay

The homeowners at these two locations, and possibly others, have built drainage outside the easements. A survey needs to be done to see ??? Another resident is aware that their drainage is encroaching on someone else’s property.

On MOTION by ???, seconded by ???, with all in favor, the Board authorized a survey to be conducted on Lots 89 & 90 and 75 & 76 on Sunset Cay, not to exceed $5,100.

G. Fire/Irrigation Pump Station Project

Engineer Schmitt is working with Mitch Gilbert on the necessary repairs needed on the motor control center, the generator, and the replacement of piping and valves.

H. Drainage Update

They are in the process of determining what is the CID responsibility, and what is the responsibility of someone else.

An issue was raised concerning the stripig in the cul de sac at Stella Maris. A resident, Frank, stated that there was a complaint from an anonymous resident. Frank stated that the Master Board had met with the fire department and an engineer, and they were assured that all the requirements had been met for the striping. A decision should be made about parking on the cul de sac, or if it should be turned into a parking lot. The Board agreed to table this until it is determined if it can be a parking lot.

It was determined that a motion was needed to accept Mike Carr as the commercial realtor.

On MOTION by Supervisor Jensen, seconded by Vice Chair Holloway, with all in favor, the Board accepted Mike Carr as the commercial realtor for a one year period.

TWELFTH ORDER OF BUSINESS District Manager Report

A. Monthly Financial Report

District Manager Teague reported that the payments from the tax collector are 80% collected. Financials are in good condition. (looking for banks…..)

On MOTION by Chair McConnell, seconded by Vice Chair Holloway, with all in favor, the Board accepted the December, 2021 Financials for audit.

B. Historical Issues Book Review with Ron Benson

Ron Benson reported that the history was not exhaustive. He had used minutes and other documents to illustrate the original development of the community. An example he presented from the report was the speculation on the southeast commercial property and the prior high cost of ERCs. In response to Board members questions, he discussed various topics. These included the swale system, drainage and roadways and other infrastructure, the capacity of the wastewater plant, and if it is running to capacity. Ron stated that the POICID originally designated 1032.6 for future development, including the peak consumption of the hotel. Ron also discussed the history on the vertical wells. horizontal???.

Supervisor Leishear wondered if the swale system on the road to Fakahatchee was designed to be a filter. Ron pointed out that District and District Engineers were not the original permittee, but the developer and their engineer were the permittee. He stated that the drainage and roadways in Cays were paid for in the bond issue. A small northeast corner area on Parcel 13 is a wetland. Supervisor Jensen wondered if the new development on the south side can be handled by the wastewater plant, and if the plant is running to capacity. Ron stated that the POICID originally designated 1032.6 for future development, including the peak consumption of the hotel. Ron also discussed the history on the vertical wells. horizontal???

C. New ERC Methodology Draft Review ???

THIRTEENTH ORDER OF BUSINESS Field Manager Report

A. Field Report

District Manager Teague reviewed the Field Report. It stated that there is silt in many flumes, one silt fence is failing, and all the pipes are 25%full.

B. Other Follow-up Items

i. Cays Drive Monument Painting Updated Prposal

The Cays Drive sign is up. The cost of paint has increased. Therefore, there is a $250 increase in the estimate, making the total $2,500.

ii. Newport Drive Monument Painting New Proposal

The cost to pressure wash and paint the monument is $4,500.

iii. Airplane Club Field Mowing Update

There is no update at this time.

iv. Union Road, Gulf Coast Cays, and Louland Range Signage REplacements

The proposal from Lykins Signtek is in the packet. However, the estimate is for 1 double sided sign, and Field Manager Pepin believes it should be 2 one-sided signs. He is informing Lykins, so there may be a revised estimate.

v. Irrigation Power on Cays Drive

All the power issues at the Cays Drive monuments had been restored.

There was a suggestion that the mosquito spraying schedule should be on the website.

FOURTEENTH ORDER OF BUSINESS Attorney Report

A. Prepmac Lawsuit Status ??? (could not hear attorney report)

B. Cays Drive Monument License Agreement Update

C. Non-disturbance and Encroachment Agreement for 199 Cays Drive Ramp across Swale Update

D. Rules Change Update

E. Laws Regarding ATVs/Golf Carts on County Roads

FIFTEENTH ORDER OF BUSINESS Old Business

A. Parcel A

???

B. Meeting with LoCastro on the Possibility of Sale of the Water and Wastewater Facilities to the County

The meeting with Attorney Pires, Engineer Schmitt, and District Manager Teague is scheduled for February 10, 2022.

SIXTEENTH ORDER OF BUSINESS New Business

A. Discussion on Stella Maris North Cul-de-sac Restriping

This was discussed previously in the meeting with Frank from the Stella Maris North Board.

SEVENTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

There were no Supervisor Requests and/or Comments.

EIGHTEENTH ORDER OF BUSINESS Audience Comments

Mary Beth Stewart sent an online comment concerning the slides and documents shown and discussed in the meetings. She would like them to be shown live, and she also requested that the packet documents be uploaded in GoToMeeting for online attendees.

Deborah Jansen sent an online comment concerning the audio at the meetings. She can hear some speakers from her computer, but not others, and she recommended that the audio system be fixed.

A resident named Lisa stated that she would like to be contacted before sidewalk and driveway pavers liabilities are put in the Agenda.

Karen Williams stated that a lot of money had been spent on the 41 median. She sees that area as dangerous. She suggested that the Boar negate the DOT agreement to save money and save on landscaping. She would also like better and more friendly communication between the Board and residents, so that issues are not heard through the grapevine.

NINETEENTH ORDER OF BUSINESS Adjournment

On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board agreed to adjourn at 4:01 p.m.

The Next Regular Meeting is on February 18, 2022 at 9:30 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair