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Draft Regular Meeting Minutes for December 16, 2022

Port of the Islands
Community Improvement District

A special meeting of the Port of the Islands Community Improvement District was held on Friday, December 16, 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:
Steve McNamee – Chair
Dan Truckey – Vice Chair
Kevin Baird – Assistant Secretary, Elect
Anna-lise Hansen – Assistant Secretary, Elect

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
Chris Pepin – Field Manager, Community Field Services
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 Special Meeting was called to order and all Board members were present, except Supervisor Kish. Also at the meeting were Cal Teague, the District Manager, Tony Pires, the Attorney, Mitch Gilbert of Florida Utility Solutions, David Schmitt, the Engineer, Chris Pepin, the Field Manager, and Several Residents. Several Residents also participated via web conference.

SECOND ORDER OF BUSINESS Closed-Door Attorney-Client Session 8:45 a.m. – 9:15 a.m.

The Closed-Door Meeting opened at 8:49 a.m.

A. Closed-Door Attorney-Client Session in pending litigation in the Circuit Court of the Twentieth Judicial Court, Collier County, State of Florida, titled Prepmac, LLC and Alligator Boys, LLC v. Port of the Islands Community Improvement District, Case No. 19-CA-3923. [Prepmac litigation]

B. Consideration of possible direction to District Counsel regarding Prepmac litigation.

On MOTION by Chair McNamee, seconded by Supervisor Hansen, with all in favor, the Board approved proceeding to the Regular meeting.

The Closed-Door Meeting closed at 9:27 a.m.

THIRD ORDER OF BUSINESS Pledge of Allegiance

FOURTH ORDER OF BUSINESS Approval of the Agenda

Move 10A to 5
Move 14A to 7A
Move 14A Utility Plant and Tours Discussion to 7A

On MOTION by Chair McNamee, seconded by Supervisor Hansen, with all in favor, the Agenda was approved, as amended.

FIFTH ORDER OF BUSINESS Field Manager Report

10A Field Manager Report was moved to 5

A. Current Field Report

The Board asked why the tasks to be done listed on the report are still pending, and Field Manager Pepin stated that the completion of those tasks has been delayed because of what needed to be done after the hurricane. The Board also asked what they had done in the last couple of months, and Chris stated that they have been cleaning up the hurricane damage, and the previous month they had been resolving the issue with vegetation in drainage system areas. In response to Chair McNamee’s question regarding weeds in the ponds, Chris stated that there is another company that addresses this.

The deadline of claim submission to FEMA was discussed. The Board also wondered if there can be another option for filling the potholes on Union Road, because they need to be addressed frequently. Recently, Chris has not been able to inspect Union Road, because debris and flooding issues from the hurricane have prevented him from getting to them. Chair McNamee also asked about the culverts.

The Board decided that Supervisor Baird will be the liaison with Kish Pest Solutions concerning mosquito control.

Resident Steve Gunther commented that mosquito spraying can be done by the County, which will start in the fall. The Board will consider this at a future meeting.

B. Follow-ups:

i. Aerator Installation Update

Excel Electric was informed by LCEC that they need to come out and verify that the transformers that Chris selected are appropriate to be used at the retention basins. This was an abnormal request by LCEC, so Excel Electric submitted the form they wanted them to fill out, and they are just waiting for LCEC to make the site visit.

Chair McNamee stated that there will be portfolios for each Board member with the following responsibilities. The community can contact the Board members in their assigned areas with questions or concerns.

Utilities – Vice Chair Truckey and Supervisor Hansen
Landscaping and Mosquitos – Supervisor Baird
Streets and Lighting – Supervisor Kish
Financials – Chair McNamee
Stormwater and Drainage – Supervisor Hansen and Vice Chair Truckey

SIXTH ORDER OF BUSINESS Audience Comments on Agenda Items

Kathryn Osswald commented on a missing cover on the water meter at 302 Newport Drive and another one that is beginning to crack, which is a safety issue. She also commented that she sees the need for the median to be maintained, and Supervisor Hansen stated that she attended the county board of commissioners meeting and discussed with them a possible cost sharing plan for the median’s maintenance.

SEVENTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Special Meeting Minutes for November 30, 2022

Line 51 Change to “suggested that Mitch attend as requested”
Line 64 Change to “The project at 125 Newport Drive was discussed.”
Line 73, Line 75, Line 77 Change “Marshall to Schmitt”
Line 73 Add “and use an engine driven pump at the two main lift stations”
Line 113 Change “Attorney Urbancic” to “Attorney Pires”

On MOTION by Chair McNamee, seconded by Vice Chair Truckey, with all in favor, the Board approved the November 30, 2022 Draft Special Meeting Minutes, as amended.

EIGHTH ORDER OF BUSINESS Utility Operations

A. Monthly Operations Report

Vice Chair Truckey stated that he and Mitch Gilbert had toured the pump stations, and there was discussion on their findings:

Mitch stated that POI currently has a fire protection and irrigation pump, but it is not in good condition. There was discussion on installing a fresh water tank, which can be used for fire protection and irrigation until the well pipe is repaired.

It was determined that repair of the well road and replacement of the well field generator are the immediate priorities, and it qualifies for FEMA reimbursement. District Manager Teague stated that they can obtain a proposal by the next meeting. He also stated that funding will be through various sources, which could be included in the capital improvement plan, and will be a part of the FY2023 Budget amendment that the Board will act on at a future meeting. He also stated that many issues could be covered as a FEMA reimbursement request. Engineer Schmitt also suggested that grant applications could be submitted and used as a funding source, but it would be a longer process to obtain the funds. As a part of the Budget amendment, District Manager Teague stated that a construction fund should be added, which would cover R & M and any other capital replacement needs. He also stated that one of the capital improvement needs is the replacement of the water line from the well pump to the water tank. Vice Chair Truckey believed that the water tank should be installed before the water lines.

On MOTION by Vice Chair Truckey, seconded by Chair McNamee, with all in favor, the Board approved repair of the well road and replacement of the well field generator, not to exceed $75,000.

Chair McNamee asked Supervisor Baird to contact Robert Soto about vegetation removal, so that the project on the well road and well field generator can begin.

Mitch stated that he had included in his report the pricing for the painting or replacement of the pipes on the bridge. He stated that there is no problem to repair them until the funding is available for replacement. Engineer Schmitt recommended the use of ductal iron when replacing the pipe.

Mitch stated that it is time for the renewal of his contract, and this will be discussed at the next meeting.

Mitch also stated that he can have an open house for the community in February. He will be available to conduct private tours, upon request. Chair McNamee suggested that there be a map available at the meeting illustrating the development of Parcel 13.

NINTH ORDER OF BUSINESS Landscape Maintenance

A. Monthly Report

This was included in the packet.

TENTH ORDER OF BUSINESS Engineer Report

A. Swale Issues

Engineer Schmitt stated that he had put the drainage of the swales in the Cays on hold until the Board had given him direction. They had compiled a plan to address the drainage at the end of the culverts and the drainage in the back swales. Part of the plan is remedial work, including cleaning out the easements and restoring the swales to the original grade. The Board would like to table this until all of them have been able to study the information on the drainage issues. Chair McNamee stated that, during his research, he found that the CID covenants put the responsibility on the homeowner to address these issues.

Attorney Pires recommended that parameters be set to make sure the Sunshine laws are not violated when establishing committees for fact finding.

On MOTION by Supervisor Hansen, seconded by Chair McNamee, with all in favor, the Board authorized the chair to work with the attorney in developing a resolution for establishing various fact finding committees.

Chair McNamee stated that there is a training video for newly elected and other committee members on a webinar that District Manager Teague has developed on the proper way to collect the information desired by the Board on a stormwater management system in communities.

B. Work Authorizations

i. General Engineering

Engineer Schmitt presented two proposals for continuing his various engineering services, including attending monthly meetings, for a not to exceed amount of $2,200. Responding to Supervisor Hansen’s question, David stated that he sometimes limits the work he does in the community to the times he comes to the meetings to avoid transportation and personnel costs.

The second work authorization proposal was for reviewing plans regarding the relocation of utilities in Parcel 13. He stated that there is agreed upon cost sharing for connecting Parcel 13 utilities to the established utilities in the community. The proposal was for a not to exceed amount of $1,500.

On MOTION by Chair McNamee, seconded by Supervisor Baird, with all in favor, the Board authorized the services of Engineer David Schmitt for a not to exceed amount of $2,200 for general engineering services, and authorized him to continue services for the relocation of utilities in Parcel 13, not to exceed $1,500.

There was a discussion on ways to lower the engineering costs, and it was stated that the community can contact a Board member with a concern rather than contacting the engineer. Attorney Pires stated that if a member of the community contacts him, he will forward it to the chair or district manager to avoid costs to the District. Vice Chair Truckey stated that the community can also contact the committee members, who can then forward it to the Board.

ii. Cays Drive Swales

This was discussed earlier in the meeting.

Frank Lee, a resident, commented on backed up sewers that have not been fixed. District Manager Teague stated that this had been fixed by Mitch Gilbert, with the addition of monitoring software that alerts Mitch if a lift station goes down, but Mr. Lee stated that there was another issue regarding actions needed to prevent backups if the lift station fails. The possibility of having portable generators available was discussed.

ELEVENTH ORDER OF BUSINESS District Manager Report

A. Monthly Financial Report: November 2022

District Manager Teague reviewed the Financials. He stated that the loan has been paid off. There was discussion on purchasing a CD, funds available for capital improvements, grant applications, water tanks and the wastewater treatment tank, which needs replacement.

On MOTION by Chair McNamee, seconded by Vice Chair Truckey, with all in favor, the Board accepted the Financials for November 2022.

B. Resolution 2023-03: Fiscal Year 2023 Budget Amendment

District Manager Teague outlined the particulars of the Amendment that will need discussion. This was tabled until the Board has had time to consider revisions to the adopted FY2023 Budget and the capital improvement plan.

C. Hurricane Ian Damages and FEMA Reimbursement Update

District Manager Teague stated that the expenses incurred to date for hurricane cleanup is $26,758. He also stated that staff is preparing a list of projects and their projected costs, which will be submitted to FEMA.

D. Loan Payoff Update

District Manager Teague stated that the loan was paid off on December 1, 2022, and there had been interest incurred.

E. Update on RFQ Engineering Services

This was included in the packet, and no decision was made.

TWELFTH ORDER OF BUSINESS Attorney Report

A. Lawsuits Update

Attorney Pires stated that Richard de Bose is the attorney for the Stella Maris Association, and they are wondering if the Board wants to take over Tract R. He stated that they should draw up a deed from the remaining trustee of the dissolved corporation. He will get together with Attorney de Bose to develop a proposal for the CID’s acquisition of the tract.

On MOTION by Supervisor Hansen, seconded by Chair McNamee, with all in favor, the Board approved the attorney to get a proposal from the attorney for the Stella Maris Association to draw up a deed from the remaining trustee of the dissolved corporation, not to exceed $500.

Chair McNamee asked about the amount spent by the attorney researching the legality of placing political signs on homeowners’ property. Attorney Pires stated that there were free speech and 1st amendment issues to consider, so the District was not exposed to liability. He will revisit the invoice.

THIRTEENTH ORDER OF BUSINESS Old Business

A. Tabled Proposal: Asphalt Repairs on Newport Dr and Union Road

On MOTION by Chair McNamee, seconded by Supervisor Baird, with all in favor, the Board approved the completion of the repairs on the asphalt on Newport Drive and Union Road.

FOURTEENTH ORDER OF BUSINESS New Business

A. Utility Plants Tour

Moved to 7A.

FIFTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

Chair McNamee commented that he would like to have a motion to terminate the contract with Premier District Management, because POI has had the same management company for many years, and he felt that the Board should get some fresh ideas. District Manager Teague stated that a motion was not needed, because the officers at PDM felt that they no longer wanted to continue the current contract, and they would be submitting termination provisions per terms of the contract, which he thought requires a 60 day notification. Attorney Pires discussed the need for a termination agreement effective to the end of February, and Supervisor Hansen asked why a termination agreement was needed, since the District Manager was terminating the contract. After further discussion regarding the need for an agreement, the Board agreed to authorize the Attorney to draft an agreement.

On MOTION by Chair McNamee, seconded by Vice Chair Truckey, with all in favor, the Board authorized the preparation of a termination agreement with Premier District Management, effective February 28, 2023.

Attorney Pires stated that he has names of management companies, and he suggested that an email be sent to other management companies, and that there be an advertisement placed in the paper. Chair McNamee stated that he would like to check with other communities that are about the size of POI to see who their management companies are, and he stated that he has been approached by the Inframark management company, which was identified as the old Severn Trent Services company and who managed the District until 2016 when PDM was hired. There was discussion on companies that might be available, and concern was expressed about Inframark.

SIXTEENTH ORDER OF BUSINESS Audience Comments

There were no Audience comments.

SEVENTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Chair McNamee, seconded by Supervisor Hansen, with all in favor, the Board agreed to adjourn the meeting at 11:54 p.m.

The Next Regular Meeting will be on January 20, 2022 at 9:30 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair