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Draft Meeting Minutes for May 14, 2021

Port of the Islands
Community Improvement District

The meeting of the Port of the Islands Community Improvement District was held on Friday, May 14, 2021 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:
Russell Kish – Chair
Teri O’Connell – Vice Chair
Ray Jensen – Assistant Secretary
Michele Holloway – Assistant Secretary
Sam Leishear – Assistant Secretary

Also present (or by web conference) were:
Cal Teague – District Manager
Anthony Pires, Jr. – Attorney
David Schmitt – Engineer
Robert Soto – Soto Lawn
Mitch Gilbert – FL Utility Solutions
Christopher Dudak – Assistant to the District Manager
Nancy Dudak – Premier District Management

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 and District Manager Cal Teague called roll. All Board members were present. Also in attendance were Anthony Pires, Attorney, David Schmitt, Engineer, Mitch Gilbert from Florida Utility Solutions and Nancy Dudak, Premier District Management.  Participating via web conference was Christopher Dudak from PDM.


THIRD ORDER OF BUSINESS Approval of the Agenda

The Board reviewed the Agenda and suggested adding items 13B – Resident Planting Request in Right-of-Way on 214 Cays Drive and 8E – Stella Maris N. Drainage to the Agenda.

On MOTION by Supervisor Leishear, seconded by Vice Chair O’Connell, with all in favor, the Agenda was approved as amended.

FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items

There being none, the next Order of Business followed.

FIFTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes from April 9, 2021

The Board reviewed the Meeting Minutes from April 9, 2021. A suggestion was made to change 1971 to 1975 on Line 20 and grammar was changed on Line 21.

On MOTION by Supervisor Holloway, seconded by Vice Chair O’Connell, with all in favor, the Meeting Minutes from April 9, 2021 were approved as amended.

SIXTH ORDER OF BUSINESS Landscape Maintenance

A. Landscaper Notes

Mr. Soto reviewed his summary of the ride-around with Supervisor Jensen. He reported that issues concerning the irrigation timer at Union Road have been addressed.  He said that the problem was not caused by the fiber optics installation project.

There was a dead canary palm tree on Cays Drive that was removed.   There is a contagious disease called Ganoderma that is attacking the palm trees in the area, so Mr. Soto asked that residents report any palm trees that have signs of infection or have died recently so his team can remove the trees.   Signs of the disease are a mushroom-like fungus growing at the base of the tree. 

The retention area near the Gun Club was dry enough to mow and trim. He also said that they will apply the last fertilizer before the blackout season.

B. Hardwood Tree Trimming Update

The tree trimming near Newport will be addressed by the first week of June. 


A. Utility Report

Mr. Gilbert reviewed his monthly report, stating that the water and wastewater plants are running well.  There was substantially less water flow this month, so he personally verified the accuracy of the readings to ensure that the consumption was correct.  He installed a Variable Frequency Drive (VFD) at the Fire Station. A valve in the reuse pump was replaced.  He asked the SCADA personnel to look at the pump. It is more than 13 years old, so they confirmed that it should be replaced. 

i. VFD Replacement Update

This was replaced and is operating properly.

B. Water Meter Changeout Program Update

The meter installation/changeout project is running slower than anticipated due to the amount of work required to dig out the old meters when replacing them in a slightly different location.  Mr. Gilbert said he will honor the original price he gave them. There has not been a meter comparison yet to see if there has been any significant change in billing with the new meters.  The Stella Maris HOA received a significantly higher water bill, due to a broken meter that was replaced, causing the actual consumption to be higher and resulting in a higher billing.   


A. New Home Construction/Drainage Issues

The Engineer said he is working with the contractors to ensure that any issues such as sidewalks, swales, etc. will be addressed during construction. When the majority of the new construction is completed in the next year, he recommends a complete walk-through of the swales to ensure there are no obstructions.  At that point, the ownership of responsibility will be determined: homeowner, construction company or CID. 

B. Route 41 Fiber Optic Installer Damage

The Engineer referred to the Utility Manager’s statement that no damages were identified that could be attributed to the fiber optics project.

C. Pothole and Roadway Repairs on Stella Maris

The Engineer explained the unique situation where “ponding” is occurring, which increased deterioration of the asphalt and pavement.  There are two options, one for approximately $55,000, and the other option is to do a concrete valley gutter that is slightly less expensive.   The Board requested to have an engineering analysis and to bring bidding documents for the next meeting.

The Board discussed the responsibility for drainage at Stella Maris North.  They reviewed the history of the drainage agreement.  The CID did not accept responsibility for drainage when they accepted the roads due to poor construction design.  The Attorney will review the agreement to determine CID responsibility. 

It was suggested that bids be broken out so that Stella Maris North would be aware of the costs they may be responsible for.  Additionally, Stella Maris North may want to coordinate their own drainage project.  The Engineer will research who approved previous designs and permits, which he will share with Stella Maris North.  LeRoy Smith, a 15-year resident of Stella Maris North, presented his concerns on drainage to the Board.   Diagrams were reviewed showing the current drainage pattern at Stella Maris North.  He said he believes the drainage along his property is unsafe.

On MOTION by Supervisor Leishear, seconded by Supervisor Holloway, with all in favor, the Board voted to authorize the Engineer to further analyze the drainage conditions and develop a bidding document for both phases.

D. CIP Development Update

The Engineer presented a draft of the Capital Improvement Plan and discussed highlights of the plan.  The Board will review it for the next meeting. 

E. Stella Maris N. Drainage

The Board agreed that drainage and access to the boats are not the CID’s responsibility in Stella Maris North. They talked about the history of responsibility in the area. The CID was asked if they could find someone who could help Stella Maris North determine if their drainage was done properly. The District Manager asked if they want to spend their engineering funds to determine if private property was done properly. The Engineer said he could research who permitted it, if it was South Florida, the County or the Association.

NINTH ORDER OF BUSINESS District Manager Report

A. Monthly Financial Report

Vice Chair O’Connell asked if a non-sufficient fund charge in the amount of $2,108.24 requires follow-up.  Staff will look into this. 

On MOTION by Supervisor Leishear, seconded by Vice Chair O’Connell, with all in favor, the Board accepted the monthly financials.

B. FY 2022 Budget Including Resolution 2021-02: to Accept Proposed Budget and Set Public Hearing

The District Manager stated that the Budget reflects the changes requested by the Board, including the $300 per ERC reduction and an increase in mosquito spraying costs. The Board had the option of approving the tentative budget at this meeting or the next meeting.

On MOTION by Supervisor Holloway, seconded by Supervisor Leishear, with all in favor, the Board approved Resolution 2021-02, approving the tentative Budget and setting a Public Hearing for August 13, 2021 at 9:30 a.m.

C. FY 2020 Audit Scope Letter

The Board reviewed the FY 2020 audit scope letter.

D. County Code Enforcement on RVs/Boats in Driveways

The Board asked about boat parking at the last meeting, so the District Manager included in the packet the Collier County regulations on keeping RVs, including boats, on resident properties.  The Board agreed to share the restriction information with residents so they can report violations to County code enforcement.

E. Collier County POI Voter Count

The District Manager reported that there are 658 registered voters in the POI community.


A. Field Report

  • The District Manager said they do not like to plant littorals until the rainy season.
  • There is a drainpipe pulling apart on one of the lakes and the Field Manager will address it. 
  • There was discussion on the lake banks and Supervisor Holloway will ask Mr. Soto for a proposal on replacing littoral plants on the same pond/lake during the next drive-around.

B. Other Follow-up Items

i. Electrical Panel Repair Update – Newport Drive

Excel Electric is waiting for back-ordered parts for this project.

ii. Electrical Panel Replacement Proposal – Union Road

The Field Manager reported that the electrical panel is extremely rusted out and needs to be replaced. A proposal was submitted.

On MOTION by Supervisor Jensen, seconded by Supervisor Leishear, with all in favor, the Board approved a proposal to replace a rusted electrical panel on Union Road.

iii. Cays Drive Landscape Lights Repair

This is scheduled to be done by May 14. Excel Electric will replace the rusted-out time clock at the same time.

iv. Two No Fishing Signs on 41 Bridge

The Field Manager asked for the installation locations for the two signs, as there are four potential locations. The Board authorized him to order four signs to cover each side of both bridges.


A. Prepmac Lawsuit Status

Mr. Pires, the Attorney, stated that Prepmac has acquired a new attorney who submitted a motion for an extension to the court. He said that the Prepmac team did not have any objections. He also discussed the legislation that is now on the Governor’s desk that limits the timing and amount of impact fee increases.


A. Parcel 13 Purchase Agreement Update

The Attorney reviewed his comments for the Property Sale Agreement (PSA) for Parcel 13.  He stated that it appeared to be one-sided in favor of the buyer and sent his notes to the buyer for their review.  The Board decided that the buyer will be given until the next meeting to accept or decline the proposed changes, or they will move to accept other offers.  If the Board declines the PSA from Zeeman, they agreed that they will hire a commercial real estate agent and obtain a property appraisal. The Attorney answered additional questions from the Board about the agreement.

B. C4-Zoned Property on 41 at Cays Drive

Steve McNamee, the purchaser of the C4-zoned property on 41 at Cays Drive, requested a reduction in the amount of ERC’s assigned to parcels A & B.  After discussion, it was determined that the ERC’s would not be considered for reduction without a development plan for the site.  It was stated that the Board had to understand what the usage would be on the potential development before they could consider changing the ERC’s.  Additionally, the Board expressed concern in changing the ERC’s for one developer, as this methodology will then have to apply to all parcels. 


A. GoToMeetings Access Discussion

It was agreed that the GoToMeetings video conferencing format was acceptable to continue using to broadcast meetings for resident access.  The Board discussed purchasing additional audio equipment to assist with the recording of the meetings for improved sound quality.

On MOTION by Vice Chair O’Connell, seconded by Supervisor Holloway, with all in favor, the Board approved a proposal to purchase additional audio equipment to assist with improved sound quality of the meetings for a not to exceed amount of $3,000.

B. Resident Planting Request in Right of Way on 214 Cays Drive

A resident requested to plant three palm trees on a lot that he is developing but needs approval because it is in a Right of Way.

On MOTION by Supervisor Leishear, seconded by Supervisor Holloway, with all in favor, the Board voted to reject the request to plant palm trees on the Right of Way on 214 Cays Drive due to the Engineer’s finding.

FOURTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

  • Supervisor Holloway asked about the Banyan trees growing into the utility lines identified in the Field Manager’s Report. She asked if it was best to have the utility company trim the trees versus having Mr. Soto charge to do this.   It was explained that they would only be trimmed properly if Mr. Soto completed the work. 
  • Chair Kish requested that the Board put pressure on having the millage reduced now that the four fire districts were combined as the Naples District.   Vice Chair O’Connell explained that this has not happened yet and the Attorney suggested inviting a County Commissioner to one of the Board meetings to express the Board’s concerns.


There being none, the next Order of Business followed.


There being no further Orders of Business, and

On MOTION by Supervisor Jensen, seconded by Vice Chair O’Connell, with all in favor, the Board voted to adjourn at 1:10 p.m.

Next Regular Meeting: Friday, June 11, 2021 at 9:30 AM

Secretary/Assistant Secretary
Chair/Vice Chair