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Meeting Minutes for February 19, 2021

Port of the Islands
Community Improvement District

The meeting of the Port of the Islands Community Improvement District was held on Friday, February 19, 2021 at 9 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
Daniel Cox – Attorney
David Schmitt – Engineer
Robert Soto – Soto Lawn
Mitch Gilbert – Florida Utility Solutions
Christopher Dudak – Assistant to the District Manager
Nancy Dudak – Premier District Management
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 and District Manager Cal Teague called roll. All Board members were present. Also in attendance were David Schmitt from Hole Montes (Engineer); Robert Soto from Soto Lawn and Mitch Gilbert from Florida Utility Solutions.  Participating via web conference were Daniel Cox, Attorney; Nancy Dudak and Christopher Dudak from Premier District Management.

SECOND ORDER OF BUSINESS Approval of the Agenda

The Board reviewed the Agenda. They asked to change the order of items for this meeting to accommodate those who needed to leave early. After the Minutes are approved, then Landscape Maintenance, Utility Operations, Engineer, District Manager, Field Manager and Attorney will present their reports. That will be followed by Old Business and New Business, with the remainder of the Agenda remaining the same.   

On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the Agenda was approved as amended, with reports in the following order: the approval of the Minutes, then Landscape Maintenance, Utility Operations, Engineer, District Manager, Field Manager and Attorney reports will follow. Old and New Business will be covered after that, with the rest of the Agenda remaining the same.

THIRD ORDER OF BUSINESS Audience Comments on Agenda Items

Residents commented on: a request for the Pledge of Allegiance before meetings, support for the Zeman Homes proposal for Parcel 13, objections to the the marina assessment, a request for meetings to be in the evenings, seasonal residents not getting to vote, and opposition to the calculation of ERC assignment of the utilities.

Supervisor Jensen commented on the lawsuit with Prepmac and that he feels that differences can be addressed without a lawsuit. He said he thinks that another meeting will allow the residents to address the Board directly.

The District Manager reminded all that assessments are not on the Agenda, but the Prepmac proposal is on the Agenda. He said that a letter was sent out to every property owner of the Public Hearing and the increase was adopted August 2019.

FOURTH ORDER OF BUSINESS Board Reorganization Resolution 2021-02

A Resolution was presented for reorganization of the Board and it was suggested to maintain the current Board positions and add Mr. Leishear as an assistant secretary.

On MOTION by Chair Kish, seconded by Vice Chair O’Connell, with all in favor, the Board approved the Board Reorganization Resolution 2021-02 to maintain the Board positions and add Supervisor Leishear.

FIFTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes from January 15, 2021

The Board reviewed the Meeting Minutes.

On MOTION by Supervisor Holloway, seconded by Supervisor Jensen, with all in favor, the Board approved the Minutes with the following changes: Line #86 on page 11, change name to Dan DeMartinez, and on line #88, change name to Mark Hackett.

B. Draft Continuation Meeting Minutes from February 10, 2021

These will be ready for the next meeting.

SIXTH ORDER OF BUSINESS Landscape Maintenance

A. Landscaper Notes

Mr. Soto reviewed the monthly report and his ride-along with Supervisor Holloway. He mentioned that several irrigation timers need to be replaced. There were comments about the hybrid golden canna that are being planted along the pond banks. The District Manager said this is the first of the 90 promised plants and there will be 30 on each pond.

SEVENTH ORDER OF BUSINESS Utility Operations

A. Utility Report

Mr. Gilbert reported that the water treatment plant is operating as expected. He addressed concerns about plant security and how he can operate the system remotely and make changes as necessary. He said he gets new codes every week, so this reduces chances of the system being compromised. Any changes that are made, he does manually, so chemicals are not likely to be altered outside of normal plant operations. He also has security cameras surveilling the plant.

B. Water Meter Changeout Program Update

Six have already been installed. Half of the order is expected to arrive in April and the rest in May. He expects the project to be completed in June.

EIGHTH ORDER OF BUSINESS Engineer Report

A. New Home Construction and Related Issues

The Engineer reported he is monitoring the activity of new homes and making certain drainage and other construction concerns are being identified and addressed.

B. CIP Development Update

The Engineer said he does an inventory of what resources are there, and estimates their useful life. He then develops a 5-10 year plan to budget for those prioritized items. He will have a draft of the capital plan for the Board in April with the final plan expected in May.

C. Union Road Regrading Project

The field work was completed and the bids are due March 8th. The Engineer said that the asphalt roads within the community are in good shape overall.

D. Bridge Lighting/Speed Reduction on 41

The Engineer discussed his efforts to have the Department of Transportation make changes that were requested by the Board. He is awaiting their response.

NINTH ORDER OF BUSINESS District Manager Report

A. Financial Report for January 2021

The Board reviewed the financials for January 2021.

On MOTION by Supervisor Leishear, seconded by Vice Chair O’Connell, with all in favor, the Board voted to approve the January 2021 financials.

B. Current ERC Allocations

The District Manager reviewed the report concerning the current ERC (equivalent residential connection) allocations. He and Engineer Ron Benson answered questions about how many there are, who owns them and how they are calculated.

TENTH ORDER OF BUSINESS Field Report

A. Field Report for February

The District Manager shared the Field Report with the Board, and a comment was made that the report with photos looks good. The handout covered the installation of littoral plants and canna that was planted on one lake and due to be planted on two other lakes.

B. Other Follow-Up Items

i. Invasive Vegetation Update

In the report, the Field Manager addressed how he is handling the remaining invasive plants at two more homes.

ii. Electrical Panel & Concrete Pedestal Repair Update

All the repairs have been completed and an irrigation timer was replaced.

iii. Main Entrance Sign Repair Update


The main entrance sign is being repaired and the hope is that it is completed prior to the next meeting.

ELEVENTH ORDER OF BUSINESS Attorney Report

A. Prepmac Default Action

The Attorney talked about the lawsuit that was filed 18 months ago. He stated that after a meeting was held without attorneys present, he was told that the lawsuit was not moving forward. At that time, he said he thought that as long as they were having productive discussions, there were still opportunities to reach a resolution.

Mr. Prephan gave the history of why he felt that he had no voice in the tax increase. He said he would prefer to negotiate a fair and reasonable settlement than proceed with a lawsuit. He stated that he would like to meet with the Engineer to have a conversation about the mechanics of the finances in order to create a proposal. The Chair spoke about how they realized that they were vastly undercharging for the boat slips in contrast to the rest of the State. The Vice Chair also commented that when the Board addressed assessments, they realized that the marina was not paying its fair share in contrast to the other properties in the community. Mr. Prephan said he did not feel he was given notice about the increase, yet the Chair noted Mr. Prephan was present at the Public Hearing when this was approved. The Vice Chair suggested that individuals from the boats, condos and private homes should all have representatives attend the meetings and check the website in the future.

The Attorney said that after the lawsuit was filed, there was a meeting with Mr. Prephan suggesting that the lawsuit would not move forward. When Mr. Prephan changed attorneys, the new attorney was not aware of that agreement, and he filed for the default. As a result, Mr. Cox filed a motion to set it aside. Then, at the meeting before the hearing, they agreed to stipulate to set it aside. He further stated that the agreement was, as long as they were having productive discussions, to resolve this without the litigation moving forward to save all parties the cost of legal fees to prepare an answer and file it, they would continue with the negotiations.

Residents also spoke about the issue. Prepmac will submit a proposal to avoid a lawsuit.

B. Vehicle Towing Considerations

The Attorney stated that there are two statutes that govern towing, and the statute that deals with illegally parked vehicles on private property provides that if there is proper notice, the vehicle can be towed. The language on the notice must include the identity of who would be doing the towing, where they are located and their phone number. The Attorney will review the current signage used on the road median near the marina.

TWELFTH ORDER OF BUSINESS Old Business

A. North Hotel/Parcel 13

The Board had handouts with comments from residents on the recent presentation. They also reviewed the revised Letter of Interest from Zeman Homes. Supervisor Holloway suggested getting a commercial appraisal of the property. Supervisor Jensen shared the history of interest in the property and agreed that an appraisal should be done. The Attorney offered his opinion on appraising the property, saying that appraisals can vary quite a bit. Vice Chair O’Connell stated that they will not have money for capital improvements until they sell that land. She also said that she spoke with two developers who said their assessments are too high. The Board discussed the impact that the ERCs will have on the price of the property. The Board agreed to wait on getting an appraisal.

On MOTION by Vice Chair O’Connell, seconded by Chair Kish, with all in favor, the Board authorized the Chair to sign the Letter of Intent from Zeman Homes.

THIRTEENTH ORDER OF BUSINESS New Business

A. Assessment Rates Reduction Discussion

This was tabled until the budget and CIP are discussed.

B. Electrical Panel Issues at Union Road Entrance

There was a discussion about the Union Road sign lights that are not working. The Board reviewed an estimate from Excel Electrical for $1,300 to run a new underground conduit.

On MOTION by Supervisor Leishear, seconded by Supervisor Holloway, with all in favor, the Board approved a proposal from Excel Electrical for $1,300 to run a new underground conduit at the Union Road entrance.

C. Electrical Panel Issues on Newport Drive

The Board reviewed another estimate for $3,000 from Excel Electrical to replace an electrical panel at 302 Newport Drive that is rusted and not up to code.

On MOTION by Supervisor Holloway, seconded by Vice Chair O’Connell, with all in favor, the Board approved a proposal from Excel Electrical for $3,000 to replace a rusted electrical panel at 302 Newport Drive.

D. Termination of Current Attorney Services Discussion

The discussion was started with a statement from Mr. Cox apologizing for his behavior at the last meeting. Supervisor Jensen stated that he had inquired about alternative legal services before that meeting. The Board requested a meeting with Greg Urbancic, a Naples attorney, to discuss retaining him as the District’s legal counsel.

On MOTION by Supervisor Jensen, seconded by Supervisor Holloway, with all in favor, the Board voted to terminate their agreement for legal services with Mr. Cox effective upon new counsel being retained.

FOURTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

  • Supervisor Holloway requested that mosquito spraying begin and the Board agreed. It was suggested that it be done at 11:30 p.m. in the evenings and there were no objections.
  • Vice Chair O’Connell requested that the Pledge of Allegiance be added to the Agenda. She also asked about moving the meetings to the evenings. She said that if the meetings continue to be online, that would help. The Board discussed that working people are cut out of participating, but others stated they could not arrive until late. There was some agreement about possibly holding the meetings on the third Monday of the month at 6 p.m. The conversation about meeting times will be continued at the next meeting, since some of the Supervisors need several month’s notice to make a change in their work schedules. In the meantime, the Board will speak with residents to gather ideas about best meeting times and will post it on the Next Door site for input.
  • The Chair asked if the CID has considered asking the County to take over the water and wastewater services. He would like to discuss it at the next meeting.

FIFTEENTH ORDER OF BUSINESS Audience Comments

There being none, the next Order of Business followed.

SIXTEENTH ORDER OF BUSINESS Adjournment

There being no further Orders of Business and,

On MOTION by Supervisor Holloway, seconded by Supervisor Jensen, with all in favor, the meeting was adjourned at 12:26 p.m.

Next Regular Meeting: March 19, 2021 at 9 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair