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Meeting Minutes for April 15, 2022

Port of the Islands
Community Improvement District

The continuing assessment methodology public hearing, and regular meeting of the Port of the Islands Community Improvement District was held on Friday, April 15, 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
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 Assessment Methodology Public Hearing, and the Regular Meeting were called to order by Chair O’Connell and all Board members were present. Also at the meeting were Cal Teague, the District Manager, Tony Pires, the Attorney, and Several Residents. David Schmitt, the Engineer, Mitch Gilbert from Florida Utility Solutions, and Several Residents participated via web conference.

SECOND ORDER OF BUSINESS Pledge of Allegiance

THIRD ORDER OF BUSINESS Approval of the Agenda

Move 13Ci Sale Agreement with Lindsay Case to 4
Move 4A, B, C to 5, and 5 to 4A, B, C

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

FOURTH ORDER OF BUSINESS Parcel 13

A. Sale Agreement with Lindsay Case

After suggestions of a conflict of interest for a Board member, it was agreed to table the discussion until April 22, 2022 to review the proposal, with the addition of several items that will be deed restrictions.

On MOTION by Chair O’Connell, seconded by Supervisor Leishear, with all in favor, the Board agreed to discuss the contract with Lindsay Case further at a continuation meeting on April 22, 2022, with the Agenda having this issue only.

FIFTH ORDER OF BUSINESS Continuing Assessment Methodology Public Hearing

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board opened the Assessment Methodology Public Hearing at 10:13 a.m.

A. Operations and Maintenance Assessment Methodology ALTERNATIVE 1

At the April 1st meeting, Russ Weyer had presented two alternatives, with both Options primarily based on 4 ERU per acre. The difference was in how the Gun Club and South Hotel Restaurant and Bar were to be addressed. Option One was that they were to be addressed with the current assessment identifying them as special situations.

B. Operations and Maintenance Assessment Methodology ALTERNATIVE 2

Option 2 was to retain the 4 per acre methodology, but to adjust assessments for the Gun Club and South Hotel Bar and Restaurant by calculating on a method of typical traffic levels, as identified in various planning standards for these properties.

There was also discussion on Parcel A of the SE Commercial, which was reported differently on the current deed from what is reflected on the Property Appraisers website. The Property Appraiser identified it as 2.34, and the deed said that it was 1.91 acres.

C. Resolution 2022-03

Attorney Pires reviewed his redlined version of the resolution. After discussion, the Board approved a plan which was predominately Option One, which left the Gun Club and South Hotel Restaurant and Bar at the current assessment as special situations, and adjusted the acreage on Parcel A of the SE Commercial to what is reflected on the current deed, which is 1.91 acres.

After discussion, the Board approved Option One.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with 3 in favor, and Chair O’Connell and Supervisor Kish opposed, the Board approved the Operations and Maintenance Assessment Methodology which was based on 4 ERU per acre and left the Gun Club and South Hotel Restaurant and Bar at the current assessment as special situations. Parcel A of the SE Commercial will remain at 1.91 acres, as reflected on the current deed.

SIXTH ORDER OF BUSINESS Audience Comments on Agenda Items

Kathryn Kehlmeier commented that Robert Soto had done a good job on the Newport Drive project.

Frank Lee stated that the COA would like a copy of the Agenda before their meetings, and the COA would also like to have received the information on the storm sewer project and other recent improvements in the community.

Steve McNamee notified the Board that he had filed a lawsuit against the District and the District Manager.

SEVENTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for March 18, 2022

The minutes were not available, so the approval was tabled until the April 22nd Continuation Meeting.

B. Draft Continued Meeting Minutes for April 1, 2022

The minutes were not available, so the approval was tabled until the April 22nd Continuation Meeting.

EIGHTH ORDER OF BUSINESS Landscape Maintenance

A. Landscape Maintenance Report

Robert Soto was not at the meeting, but his report had been sent to the Board. The Board accepted his report, as submitted.

B. Irrigation on Newport Drive

Robert reported on the irrigation zones where the irrigation was not coming on. He added two separate battery timers, as opposed to trying to track the wiring, because it was more expensive.

NINTH ORDER OF BUSINESS Utility Operations

Mitch Gilbert stated that a resident had reported low chlorine at his residence, and Mitch did a chlorine flush. Mitch stated that this had been a problem at Newport Cay. A blow off was installed and an auto flusher had been ordered to prevent this from happening again. In addition, information was distributed throughout the community and was put on the website regarding the issue. This area will be checked on a regular basis.

A. CID Monthly Plant Operations Report

Supervisor Kish asked about the lights that are out on the free standing posts on the North side of the plant. Mitch will check into this. Supervisor Kish also asked about the crossovers, and Mitch stated that this had been corrected.

Supervisor Jensen questioned the second fresh water tank to be installed for storage and more fire capacity, and on the status of the installation. Engineer Schmitt responded.

Mitch commented on an unneeded pump station fire hydrant, and the Board agreed that it needs to be removed.

On MOTION by Supervisor Leishear, seconded by Vice Chair Holloway, with all in favor, the Board approved the removal of the hydrant at the pump station.

B. Water Meter Change-out Update

The project was nearly complete with only 8 meters left to install.

C. Security Lighting and Cameras Updates

This project will be completed before the May meeting.

TENTH ORDER OF BUSINESS Engineer Report

Engineer Schmitt reviewed his report and the following was discussed:

A. Engineer Contract

In response to Supervisor Kish’s question, it was agreed that Hole Montes can work for Mr. Case on Parcel 13, if the firm will separate the interests of Mr. Case and the CID to avoid any perceived conflict.

The Board agreed to accept the contract with Hole Montes.

On MOTION by Chair O’Connell, seconded by Vice Chair Holloway, with all in favor, the Board accepted the contract with Hole Montes, Inc., as presented.

B. New Home Drainage/Construction Issues

A homeowner on Newport Drive needed to place a silt fence at the construction site. Also, a builder was storing materials in the right of way. Engineer Schmitt will send a letter, and if he has not heard back within seven days, he will file a code enforcement complaint.

C. Storm Water System Discussion

Engineer Schmitt met with a representative of the South Florida Water Management District (SFWMD), and gave him a tour of the community, and pointed out what the CID and HOA are responsible for. Dave will meet with him again after he has reviewed this with his supervisor, and discuss what can be done to address drainage needs in the community.

There was a discussion about what the CID and homeowners are responsible for, and the benefits of a drone. The Board wants to proceed with the stormwater analysis, and it was agreed that Dave will meet with the agencies, have the survey completed, and identify the best solution for addressing the drainage issues.

It was determined that Supervisor Leishear is the Board liaison with SFWMD.

Supervisor Kish wondered if the cease-and-desist order on 162 and 163 Sunset Cay can be removed, but, on the advice of Attorney Pires, this was not authorized.

ELEVENTH ORDER OF BUSINESS District Manager Report

A. Monthly Financial Report for March 31, 2022

District Manager Teague reviewed the report, and the expenses for engineering and legal were discussed.

On MOTION by Chair O’Connell, seconded by Vice Chair Holloway, with all in favor, the Board accepted for Audit the March 31, 2022 Financial Report, as submitted.

B. Fiscal Year 2023 Budget Discussions

District Manager Teague presented the Fiscal Year 2023 Draft Budget, and it included the suggestion of creating a GIS information program for the District. Also, the Board identified two definite needs, which are stormwater system enhancements and maintenance, and repair of the water tank roof. These will be placed in the Budget. In addition, the Board discussed the advantage of borrowing and its effect on assessments.

On MOTION by Supervisor Jensen, seconded by Vice Chair Holloway, with 3 in favor, and 2 opposed, the Board agreed to research borrowing $2 million at 5 years or less.

C. Public Records Requests Policy Discussion

In light of the lawsuit that is being filed, the Board decided to table this discussion until the next meeting.

D. Board of Supervisors Information Requests

There was discussion about the requests District Manager Teague receives from the Board. It was determined that the the Board should approve any Board requests where legal or engineering expense is incurred.

TWELFTH ORDER OF BUSINESS Field Manager

A. Field Report

The Board had received a copy, and Chair O’Connell had a question about the damage to sidewalks during home construction. It was stated that Engineer Schmitt and Field Manager Pepin will monitor it, and the contractor is responsible for having the sidewalks fixed, not the CID.

The Board requested proposals for aeration of the three ponds.

District Manager Teague stated that questions regarding the report should be emailed to him for follow-up.

B. Follow-ups:

i. Union Road, Gulf Coast Cays, and Louland Range Signage Replacement Update

The Board felt that this was completed nicely and that Field Manager Pepin should have the base painted.

ii. Orchid Cove Light Poles Cleaning

Chris reported that the poles are covered in moss and algae, and he created a work order to have them pressure washed in May.

THIRTEENTH ORDER OF BUSINESS Attorney Report

A. Prephan Lawsuit

Attorney Pires updated the progress on the lawsuit and stated that there needed to be motions for further action.

On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board approved a 30 minute closed door meeting to discuss the Prephan lawsuit, to be held at 11:30 a.m., or soon thereafter, on May 20, 2022.

District Manager Teague and the District had been served papers that they were being sued by Steve McNamee.

On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board approved a 30 minute closed door meeting to discuss the McNamee lawsuit, to be held at 12:00 p.m., or soon thereafter, on May 20, 2022.

On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board approved Attorney Pires to represent District Manager Teague and the District in the McNamee lawsuit.

On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board approved the filing of an appropriate response by Attorney Pires in the matter of the McNamee lawsuit.

B. Cays Monument Wall License Agreement

Attorney Pires had heard nothing in relation to this agreement. He stated that the agreements had been sent, and he is waiting on a response from the new property owner of Parcel B.

C. Union Road Sign Maintenance Agreement

The Board agreed to drop this issue.

D. US Median Maintenance Agreement

After discussion, the Board agreed to leave the contract in place, especially because of the area’s appearance if it is not maintained, and the cost there would be to restore it to its original condition.

On MOTION by Vice Chair Holloway, seconded by Chair O’Connell, with all in favor, the Board to leave the US median maintenance contract in place.

E. Stella Maris North Cul-de-Sac Maintenance Discussion

Because the COA agreed to stop parking on the cul-de-sac, the Board decided to leave the current maintenance agreement in place.

F. Boat and Trailers Parked in Yards

This will be removed, because it is a County issue.

FOURTEENTH ORDER OF BUSINESS Old Business

A. Decorative Pavers Right of Way Permit

Attorney Pires stated that he needs to remove the second paragraph, so this will be tabled until the next meeting.

B. Golf Cart Usage on CID Roads

This was tabled until the next meeting.

C. 163 Cay Easement Encroachment Violation Discussion

This was discussed and action was taken earlier in the meeting.

FIFTEENTH ORDER OF BUSINESS New Business

A. Aerator Prices for the Cays Drive Retention Ponds

Engineer Schmitt will research the cost for using electricity and solar power for the aerators, and will move forward when the total price is obtained.

SIXTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

Vice Chair Holloway wondered if a very bright light in Stella Maris South could have a light shield installed. Converting lights to LED was also discussed. She also commented that a recording of the April 1st meeting had not been posted yet, and District Manager Teague stated that this will be forthcoming.

Chair O’Connell stated that the dock lights are very bright in Stella Maris South. Supervisor Leishear will look into having them lowered.

Supervisor Jensen was unhappy about statements made on Next Door, that stated that he was crooked.

Supervisor Kish reported that they are now spraying for mosquitos once a week.

SEVENTEENTH ORDER OF BUSINESS Audience Comments

Joyce Carlino commented that there is a blind spot at the intersection of Swan and Union Road, and wondered if a stop sign could be installed.

On MOTION by Vice Chair Holloway, seconded by Supervisor Leishear, with all in favor, the Board approved a stop sign being installed at the intersection of Swan and Union Road, if possible, not to exceed $300.

Karen Reed referenced documents from 1992 and wondered if the agreement is still in effect. Attorney Pires stated that this is not the responsibility of the CID, but of the COA, and the CID cannot discuss it or take any action.

Dan Truckey and Frank Lee wondered why the roads had not been paved in Stella Maris North. It was stated that the storm drainage system is the responsibility of the COA, and the CID is responsible for paving. The Board decided to come up with the cost for paving and storm drainage by the next meeting.

On MOTION by Supervisor Jensen, seconded Vice Chair Holloway, with all in favor, the Board approved the cost for the stormwater system and road pavement in Stella Maris North be presented at the May, 2022 meeting.

Lisa Sager asked why the drainage issues were not being addressed.

EIGHTEENTH 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 2:24 p.m.

The Continuation Meeting for the sale of Parcel 13 is on April 22, 2022 at 9:30 a.m.

The next Regular Meeting is on May 20, 2022 at 9:30 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair