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Draft Meeting Minutes for October 21, 2022

Port of the Islands
Community Improvement District

The regular meeting of the Port of the Islands Community Improvement District was held on Friday, October 21, 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
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 Regular Meeting was called to order and all Board members were present. Also at the meeting were Cal Teague, the District Manager, David Schmitt, the Engineer, Tony Pires, the Attorney, Mitch Gilbert of Florida Utility Solutions, Robert Soto of Soto Landscape Maintenance, 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

Remove 13A

On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Agenda was approved, as amended.

Supervisor Jensen complimented the Florida Utility Solutions personnel on their actions during Hurricane Ian.

FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items

Agenda Items:

Frank and Peggy Kasolowski requested to speak on storm drainage during the engineer report. They also asked who paid for the work on 159 Windward Cay, which will be discussed later in the meeting.

Three residents requested to comment on today’s Agenda items when they are discussed.

Non-Agenda Items:

Steve McNamee commented that the assigned ERCs and ERUs for his property are wrong. District Manager Teague will investigate and report back to Mr. McNamee and the Board.

FIFTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Continued Meeting Minutes for September 2, 2022

A revised copy with a reminder of the September 2nd meeting was sent to the Board and distributed at the meeting, which included changes by Attorney Pires, and it will replace the copy in the original packet.

On MOTION by Chair O’Connell, seconded by Supervisor Jensen, with all in favor, the Board approved the Draft Continued Meeting Minutes for September 2, 2022, as amended.

B. Draft Regular Meeting Minutes for September 16, 2022

After Line 59 Add “There was a brief discussion on the encroachment violation at the rear of 163 Sunset Cay, and the Board requested that Mr. Mess submit an easement use agreement.”

On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board approved the Draft Meeting Minutes for September 16, 2022, as amended.

SIXTH ORDER OF BUSINESS Utility Operations

A. Plant Operations Report

Mitch Gilbert reviewed his report and discussed the following items:

He stated that they are now off the generator and everything is running normally. A generator had failed during the storm and they had to get a bigger generator. The controller at lift station 4 failed, and the lift station has now been pumped out. There were washouts and those have been resolved. Mitch reported that there was no flooding in the plant.

Supervisor Jensen asked about the life of lift stations, and Mitch stated that it is about 30 years. Supervisor Leishear commented on the need for a backup alert system at each of the lift stations.

Frank Lee commented on the backup alert system, and that there should be someone on call to notify residents of a backup. He also commented on the software upgrades and backup pumps.

Julian DeLeon commented on the chlorine residual readings he had received at the hotel after the backflow preventer. Mitch stated that there is an auto flush system to flush out water where the chlorine residuals might have dissipated, and the size of some auto flushes should be enlarged for increased volume.

Mitch and Engineer Schmitt will work together on a backup alarm system for the lift stations and report at the next meeting.

SEVENTH ORDER OF BUSINESS Landscape Maintenance

Robert Soto reviewed his report and the following was discussed:

A. Landscape Maintenance Report

Robert stated that they are about a month behind because of Hurricane Ian.

He stated that the irrigation is back on.

They are cleaning up the debris from landscape damage, and the Board requested that they clean up all debris on CID property, and it was stated that the CID will be reimbursed.

Robert reported that the sod at Hwy 41 will be addressed before the next meeting.

EIGHTH ORDER OF BUSINESS Engineer Report

Engineer Schmitt reviewed his report and discussion and actions were taken on the following:

A. Swale Issues

i. 162/163 Sunset Cay Permit Update

David reported that he had received some of what he had requested, but the name on the contractor’s license does not match with the name of the contractor that is insured. Supervisor Leishear stated that since the requested information was not received, the 50% cost sharing should be rescinded.

On MOTION by Supervisor Jensen, seconded by Vice Chair Holloway, with 4 in favor, and Supervisor Kish opposed, the Board rescinded the 50% cost sharing for drainage improvements within the easement with the homeowners at 162 and 163 Sunset Cay due to lack of receipt of the requested information.

The Board decided to pursue legal remedies for the lack of compliance by the homeowners.

On MOTION by Supervisor Jensen, seconded by Supervisor Leishear, with 4 in favor, and Supervisor Kish opposed, the Board approved that all legal remedies be made available to the District for the reestablishment of the easement at 162 and 163 Sunset Cay, including code enforcement, contractor licensing, and consideration of the preparation of a lawsuit.

Supervisor Leishear suggested that the costs be obtained for returning the swale to its original state.

On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with 4 in favor, and Supervisor Kish opposed, the Board requested an estimate from the engineer for the cost of returning the swale at 162 and 163 Sunset Cay to its original state, including the cost of installing a retainer wall.

The Board had not been able to obtain an agreement with the homeowner for the reparations needed in the rear yard.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with 4 in favor, and Supervisor Kish opposed, the Board approved to proceed with the code enforcement for the rear yard of 163 Sunset Cay because of the failure to come to an agreement with the homeowner.

ii. 159 Windward Cay Update

Engineer Schmitt stated that he had inspected the area and it was still too high. The Board requested that he proceed with lowering the height. David stated that there should be no cost to the District.

B. Stella Maris North

David reported that this is almost complete and will be finished in the near future.

David also stated that he had included pictures in the packet of three water pipelines, that are attached to the US 41 bridge, that need to be cleaned and painted, and he will be seeking bids.

Replacing the signs that had been damaged by Hurricane Ian was discussed, and David suggested placing an additional sign at the T intersection in front of the old hotel.

Chair O’Connell asked about the progress of having the graffiti removed from the bridge, and David stated that the bridge will be cleaned and painted.

Frank Kasolowski asked about the drainage being addressed on Windward Cay, and David stated that they are addressing drainage on all the Cays. Frank also commented that flushing is being done during a rainstorm, and this is raising the water level on his easement. Frank Lee stated that residents at Stella Maris North would like the issue of more parking spaces in the cul-de-sac addressed.

Gary McKinney commented on the issues and the Board’s actions concerning 162 and 163 Sunset Cay.

NINTH ORDER OF BUSINESS Field Manager Report

A. Current Field Report

District Manager Teague stated that there was no report, because Field Manager Pepin has been addressing issues resulting from Hurricane Ian. The following items were reviewed:

B. Follow-ups

i. Aerator Installation Update

District Manager Teague reported that the contractor had obtained the permit, and the electrician was to be onsite the week of October 17th to mark all of their proposed utility lines, so that the No Trench staff can identify any buried lines. When that is complete, the electrician will return to install the meters.

ii. Newport Drive Monument Painting Project

The monument was painted with the correct color shortly after the last meeting.

TENTH ORDER OF BUSINESS District Manager Report

A. Monthly Financial Report for September 2022

District Manager Teague reviewed the Financials. In response to statements by one of the supervisors, he presented a handout to the Board that detailed the expenditures and revenue from the last five years, which reflected a solid financial position for the District with and without the proceeds from the sale of Parcel 13 or the loan.

The Financials had just been submitted to the Board, and they decided to wait until next month to vote on them, so they have time to review them.

B. Hurricane Ian Damages Update

Chris and David had sent out memos concerning what they had seen in their inspections:

The street signage repair estimate had been received and the repair is currently in progress.

The street signage straightening will be completed as soon as the maintenance technicians are onsite, and this should be complete by early November.

New fence screens for the lift station on Peacock Lane are needed, because the 2 gates on the previous screens were ripped off. The Board approved their repair, at the cost of under $200.

District Manager Teague stated that funds have been set aside for the new generator, which can be reimbursed from FEMA. An account has been set up, and a request has been filed with FEMA for under $1 million.

C. G.I.S. Project

Felipe Lemus gave a presentation that illustrated the data they had collected to date. He stated that the GIS is up and running, and will be made available to residents on the website.

District Manager Teague stated that the Board had received the $3 Million for the sale of Parcel 13. Attorney Pires qualified it by saying that the sales price was $3 million, and there was an addendum stating that the buyer could reserve 100 utility ERCs at $16,000 per ERC plus 100 utility connections at $4,000 per connection.

Resident Scott Lucerna commented on the amount the CID would receive, if the buyer sold the property. The response was that the District had no responsibility for the property, and the owner must have sufficient ERCs to develop the property.

Ron Westerman commented that the reaction to his comments on Next Door were not interpreted correctly by other residents, and he also commented on subsequent comments from Supervisor Jensen, which resulted in an animated conversation. Scott Lucerna commented that, in his experience in government, it is important that there be decorum on both sides during a discussion to prevent escalation.

District Manager Teague stated that there had been two violations that had been submitted as code complaints. One was on political signs that are not permitted on CID right of ways. The second was a complaint from a resident regarding damaged silt barriers at a new construction.

He also stated that the ADT invoices for installation and the monthly charge in the Financials will be to the CID, which had previously been sent to Mitch Gilbert.

ELEVENTH ORDER OF BUSINESS Attorney Report

A. Lawsuits Update

Attorney Pires stated that the dates of the deposition for the McNamee lawsuit need to be reestablished, because of the interruption of Hurricane Ian. He also stated that he had submitted a post case management plan to the other party and is waiting for a response.

Concerning the Prepin lawsuit, there has been some discovery, and they have asked for more information.

B. Parcel 13 Update

Attorney Pires reported that the sale has been closed, after extensive work on both sides. Supervisor Kish asked about the deed restrictions, and Tony stated that all covenants and restrictions are private and are not a part of City or County regulations, and they are enforced by the community HOA.

TWELFTH ORDER OF BUSINESS Old Business

There was no Old Business.

THIRTEENTH ORDER OF BUSINESS New Business

A. Frank Lee Regarding Stella Maris North Request

This was covered earlier in the meeting.

FOURTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

Vice Chair Holloway wondered how the LED street lights in Orchid Cove are paid for. Her understanding is that the LCEC is responsible for them, but the CID pays the charges. District Manager Teague will investigate this.

Supervisor Kish commented on investing the loan in CDs or in something that can draw interest. District Manager Teague stated that public funds must be placed in a Qualified Public Depository.

Supervisor Leishear commented that if residents have comments or questions, they can attend meetings, watch the meeting on You Tube after the meeting, and email Board members. He also commented that he doesn’t think it would be productive for Board members to comment on Next Door.

FIFTHEENTH ORDER OF BUSINESS Audience Comments

Kathy Oswalt thanked the utility management staff for their work during the Hurricane Ian, because the community never lost water.

Scott Lucerna asked about the Board’s role in paying for projects and the research to address them. He also asked about the merits of the attorney and the engineer attending the meetings, because of the costs to the District.

SIXTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Vice Chair Holloway, seconded by Supervisor Jensen, with all in favor, the Board agreed to adjourn the meeting at 1:40 p.m.

The Next Regular Meeting will be on November 18, 2022 at 9:30 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair