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Meeting Minutes for June 11, 2021

Port of the Islands
Community Improvement District

The meeting of the Port of the Islands Community Improvement District was held on Friday, June 11, 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:
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
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 by Nancy Dudak from PDM, with Tony Pires, David Schmitt, Mitch Gilbert, Robert Soto and Christopher Dudak (via web conference) also in attendance, along with residents.

SECOND ORDER OF BUSINESS Pledge of Allegiance

THIRD ORDER OF BUSINESS Approval of the Agenda

The Board reviewed the amended Agenda that included #6c – update on diseased palm trees at Cays Drive and #8e – update on Collier County Well Field changes.

On MOTION by Supervisor Leishear, seconded by Supervisor Holloway, with all in favor, the Board approved the amended Agenda, with the additions of #6c – update on diseased palm trees at Cays Drive, and #8e – update on Collier County Well Field changes.

FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items

Garrett Leonard, resident, wanted to discuss the decision to plant three Royal Palms on the easement between the sidewalk and his property, and was advised it will be addressed later in the Agenda.

FIFTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes from May 14, 2021

The Board reviewed the corrected Meeting Minutes from May 14, 2021.

On MOTION by Vice Chair O’Connell, seconded by Supervisor Jensen, with all in favor, the Board requested the following changes to the previous minutes: Line #38, strike “less” and replace with “more,” line #48, clarify that Vice Chair O’Connell asked about NSF on utility billing, line #76, strike the word “who” after Attorney and replace with “Mr. Pires submitted.” On line #79, insert the word “previously” before agreed.

SIXTH ORDER OF BUSINESS Landscape Maintenance

A. Landscaper Notes

Mr. Soto reported that the tree service that was scheduled for June 7 was rescheduled for June 16. He said that they repaired some valves and mainlines due to drought on Newport Drive. He also said they will decrease the watering days as rainy season resumes. They treated for ant mounds on Cays Drive. He also said the regular inspection/drive-around with Supervisor Holloway and Mr. Soto will resume next week.

Mr. Soto requested to have a water spigot added the end of Newport Drive. A price will be presented to the District Manager or the Board per approval.

B. Hardwood Tree Trimming Update

This is scheduled for June 16.

C. Diseased Palm on Cays Drive Removal Update

Mr. Soto removed the palm tree at the entrance to Cays Drive due to disease. He reported that this disease is contagious and will get into the soil. Supervisor Jensen asked for this to be added to the Agenda as a result of comments on the Next Door app. Replacements can be planted in place of the palm trees, but only plants that are disease resistant.

There was a discussion regarding the decision to plant three Royal Palms on the CDD property between the road and the sidewalk at 214 Cays Drive. Mr. Leonard stated he had the utilities marked and he was told there are no utility lines in the area. Mr. Gilbert, Florida Utility Solutions, stated that his team was not informed by the County to inspect it as the CID is a private utility. His staff inspected it during the meeting. It was later reported that the utility line is in this area. The Board stated they could not overturn their previous decision to deny the request. Mr. Leonard was informed that he could plant the palms inside his property line and maintain them because of the liability of Royal Palms dropping fronds.

SEVENTH ORDER OF BUSINESS Utility Operations

A. Utility Report

Mr. Gilbert reported that there have been no issues at the water plant, but he had a problem with the air conditioner in the office, which he had fixed.

i. Meter Fee Discussions

Mr. Gilbert stated that as new meters are installed, he is getting more calls about utility bills. A proposed charge of $150 to test a new meter, and a proposed charge of $350 if it has to be shipped back to Kamstrup for testing was discussed. Both fees would be paid up front and refundable if the meter is damaged. It was asked if this charge is in the fee schedule. The proposed $350 fee will need to follow the process for “rule changes.” There will be no charge if a meter is found to be faulty, and the money will be refunded.

The Board asked staff to draft a letter to educate residents about the $150 fee, along with the proposed $350 option, for sending meters offsite for testing. The letter should reiterate that new meters are more accurate and residents may see an increase in their billing and consumption.

On MOTION by Chair Kish, seconded by Vice Chair O’Connell, with all in favor, the Board approved a service charge of $150 to test a new water meter.

On MOTION by Supervisor Leishear, seconded by Chair Kish, with all in favor, the Board voted to implement the process of an amendment change of the rate schedule to charge $350 if a resident requests that the water meter be shipped to Kamstrup for testing and it proves to be accurate.

EIGHTH ORDER OF BUSINESS Engineer Report

A. New Home Construction/Drainage Issues

The Engineer updated the Board on construction areas and issues with drainage. He commented that there are 17 new residences currently being constructed. He requested that a letter be sent to all residents regarding the “do’s and don’ts” of plantings, landscaping, etc., within the CDD property. He suggested that an explanation of the utility fees be added to the letter. The Board requested a letter for either HOA newsletters or as a mailing to residents, pending Board review. They want to educate residents and avoid violation letters.

He said he will communicate with the builder who appears to have damaged the sidewalks at 174 Sunset. It was suggested that photographs be taken.

B. Stella Maris Drainage

The Board wants to remind Stella Maris North that they are responsible for drainage. The CID will move forward with the road repairs and if any costs will be incurred by the HOA, the CID will inform them in advance. The Attorney stated that the CID’s only obligation is the asphalt surface. He said that their assertion can be that the additional work they are considering will maintain the life of the asphalt surface so it can cost less in the long run. Decisions on roadwork will be reviewed at the next meeting.

The Engineer met with the Stella Maris HOA and provided them with a list of engineers they can contact. He said that the dock construction is completed.

C. Stella Maris Drive Repairs

The Engineer updated the Board on two proposals for the Stella Maris Drive repairs. For Option 1, they will mill and overlay. For Option 2, there will be a valley gutter, then mill and overlay. Option 2 includes some work that is above and beyond the requirements of the agreement, but should extend the life expectancy of the project. He said the proposals will be ready for consideration at the next meeting.

D. CIP Review

The Engineer discussed the draft of the Capital Improvement Plan. The Vice Chair complimented him on the report. The top priorities from the engineering and utility perspective include the Wellfield AC Transmission Main Replacement, Fire Irrigation Pump Station, Fire Irrigation Pump Replacement, Wastewater Filter Replacements and Valve Replacements. The Board discussed the concrete pipe replacement due to its age and brittle condition. The Vice Chair stated that they need to determine how much money they can set aside for reserves and capital projects. She also said that the sale of the 50 acres has a big impact on the planning budget, but the Chair later expressed that he does not want the planning to be contingent on the sale. The Board will review and prioritize the list for discussion at the next meeting. A resident requested a copy of the CIP to be posted on the website.

E. County Well Field Changes

The Engineer gave an update of the County changes.

NINTH ORDER OF BUSINESS District Manager Report

Chair Kish inquired about the process by which Minutes are prepared and information stored concerning verbatim commentary at the Meetings. Nancy Dudak stated that a video recording of the Go-to-Meetings is held on file. Christopher Dudak commented that prior to Go-to-Meetings web recordings, a handheld digital recorder was used. Additionally, the summary by the District Manager and his staff, and the Minutes by the Recording Secretary, are kept according to State and record retention policy.

A. Monthly Financial Report

The monthly Financial Report was presented. Vice Chair O’Connell asked for a copy of any adjustment entries from the recent audit.

On MOTION by Vice Chair O’Connell, seconded by Supervisor Holloway, with all in favor, the Board voted to accept the monthly Financial Report as presented.

  • Frank Lee, President of the Master Board, addressed the Board at this point via web conference and his comments are listed under audience comments.
  • At this point in the meeting, there was a discussion about an email that was received by the District Manager from Joe Levy requesting written approval from the CID for a fence that is requesting to be installed around the pool at 199 Cays Drive. The request is part of the permit process. The initial request is from Richard Vazquez, planning technician with Collier County Government Growth Management Division. “Per our County Attorney Office, please provide a letter of no objection to encroach the drainage easement from the interest holder Port of the Islands Community Improvement District.” The Board is requesting a drawing and survey with dimensions of the pool and the material being used. The Board and Attorney will review it. A non-disturbance and encroachment agreement may be recommended. The Board will review all the documents and the request at the next meeting.

B. FY 2020 Audited Financial Report

The financial Audit was distributed. It was a clean audit with no discrepancies.

On MOTION by Vice Chair O’Connell, seconded by Chair Kish, with all in favor, the Board approved the FY 2020 Audited Financial Report as submitted.

TENTH ORDER OF BUSINESS Field Report

A. Field Report

Ms. Dudak reviewed the monthly Field Report:

  • Littoral plants will look better now that rainy season started.
  • There is a small depression starting on Union Road that the Field Manager will monitor to see if it starts to form a pothole.
  • Concerning the “no fishing” signs from the bridge, the Florida Department of Transportation said that Collier County is responsible for the signage.
  • There are some areas where the street lighting is obstructed by trees and will be mentioned to Mr. Soto.
  • The gutters on and around 190 Sunset Cay filled with silt from construction. An additional issue at 174 Cays was mentioned by Vice Chair O’Connell. The Engineer said he will speak with the construction company about these issues. He said a silt barrier will help with the issue at 174 Cays.
  • Vice Chair O’Connell also asked about the electric panel that needs to be painted since the monument wall on the entrance side was pressure washed. They will get a price for it.
  • There is new growth of Brazilian pepper that will be addressed.
  • Vice Chair O’Connell mentioned that her neighbor at 191 Sunset was not happy with how trees were trimmed recently and one tree is not doing well. They were not notified by Landscaping that the trees were going to be trimmed. Mr. Soto will be notified.
  • It was mentioned the mosquitos were getting bad again.

B. Other Follow-up Items

i. Newport Drive Electrical Panel Repair Update

This project was reported to have been completed.

ii. Union Road Electrical Panel Replacement Update

The permit was approved and should be issued any day now. Once Excel Electrical has a copy of the permit, they will call LCEC for a power disconnect so they can swap out the panel. Completion is expected to be in the next two weeks.

iii. Cays Drive Landscape Lights Repair Update

A new timer for the landscape lights was installed. Excel Electric determined that the non-functioning light is bad and needs replacement. They are trying to locate a similar style light fixture before sending over a replacement estimate.

iv. Install No Fishing Signs on 41 Bridge Update

FDOT and Collier County will install signs. Signage on U.S. 41 is County and DOT responsibility, not CID responsibility.

v. Cays Drive Headwall Repair Proposals

There are two estimates to complete this task. MRI Construction would be $4,850 and Conidaris Builders would be $3,595. Both contractors have noted in their estimates that if the pipes are compromised, there will be an additional cost for those repairs. The additional costs would be determined after the contractors dig out the headwall.

On MOTION by Vice Chair O’Connell, seconded by Supervisor Jensen, with all in favor, the Board accepted a proposal from Conidaris Builders to repair the Cays Drive Headwall for $3,595.

ELEVENTH ORDER OF BUSINESS Attorney Report

A. Prepmac Lawsuit Status

i. Request for closed-door session on July 9, 2021, pursuant to Section 286.011(8), Florida Statues in the lawsuit styled Prepmac, LLC, vs. Port of the Islands Community Improvement District, Collier County Circuit Court Case #19-CA-3923

The Attorney requested a closed-door session. He will arrange for the court reporter, and it will be limited to the Board, the District Manager and the Attorney. The closed-door session will begin at 11:30 on July 9. An advertisement will be written by the Attorney, and staff will send it to the Naples Daily News for placement.

On MOTION by Supervisor Holloway, seconded by Supervisor Jensen, with all in favor, the Board approved the Attorney’s request for a closed-door session on July 9 at 11:30 a.m. concerning the Prepmac lawsuit.

TWELFTH ORDER OF BUSINESS Old Business

A. Parcel 13

i. Acknowledgement of Withdrawal/Termination by Zeman of Zeman LOI

Zeman withdrew their offer. There were two other offers pending the determination of Zeman’s LOI. The District Manager contacted both offers. The offer from Captain Donald Jones was withdrawn. The offer from Mr. Brian Jones, who runs RV communities, is still active.

On MOTION by Supervisor Holloway, seconded by Supervisor Jensen, the Board agreed to table the offer from Mr. Brian Jones to purchase Parcel 13 for a later date.

ii. Next Step in Sale of Property

The Board previously stated that they wanted an appraisal if the first offer was withdrawn. The Chair commented that people he surveyed about the sale said they did not mind what the Board was doing, but how quickly it was happening. Supervisor Holloway suggested asking people’s opinions on the Next Door app, or including a survey in a community mailing. A resident said Survey Monkey would be a better way to ask the community their opinions about developing the 50 acres. Supervisor Leishear commented that once the community has been surveyed, it is up to the Board to make the best possible decision.

iii. Appraiser Recommendations

The Attorney gave some recommendations for property appraisers, including a proposal from Carrol & Carrol for $4,000. The Board discussed obtaining at least three proposals from commercial real estate agents. Staff will request two other proposals for the July 9 meeting.

On MOTION by Vice Chair O’Connell, seconded by Chair Kish, with all in favor, the Board approved a proposal from Carrol & Carrol to perform an appraisal for Parcel 13 for $4,000.

B. Meeting Audio Considerations

The Board previously approved a not to exceed amount of $3,000 for audio upgrades to record the meetings. The staff reconfigured the room with everyone closer together and the Board agreed that the room reconfiguration worked well. They declined adding and purchasing a PA system and declined moving ahead with previous AV upgrades.

THIRTEENTH ORDER OF BUSINESS New Business

A. Orchid Cove Pool Meter Install Credit Request

There was a request from John Del Debbio, on behalf of Orchid Cove, to have a credit issued for a meter charge. This topic was reviewed earlier in the meeting in Mr. Gilbert’s report. The cost of a new meter with labor at the Orchid Cove pool is about $615. The Board discussed allowing separate water-only metering in the community.

On MOTION by Supervisor Holloway, seconded by Supervisor Jensen, with all in favor, the Board agreed to look at a policy for water-only meters for commercial pools for the next meeting.

FOURTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

  • Chair Kish discussed how ERC’s are determined and assessed. He said that the methodology must be defensible. The process would require a rule change. He outlined the general steps on the rule change process for both utility fees and general ERC’s, stating that the fees should be fair and equitable.
  • Vice Chair O’Connell suggested they could work around paying the ERC up front and allow it in phases when a builder starts building.
  • The Attorney suggested that the Board could consider hiring an outside organization to assess and evaluate the methodology of ERC’s as one option. He reviewed the rules for establishing and reevaluating ERC’s, saying that the key is to have the District review the proposed site development plan. He also suggested using an outside consultant. There was no resolution on the issue at this time.
  • Supervisor Jensen said he would like to see the appraisal on Parcel 13 by the next meeting, if possible.

FIFTEENTH ORDER OF BUSINESS Audience Comments

  • Kathy Oswald asked if the staff can request a street sign from the DOT for a one-way or “do not enter” at the Newport Drive exit going towards 41. There is a sign for entering but not exiting and she says it is an accident risk.
  • Frank Lee, President of the Master Association, addressed drainage and road repairs at Stella Maris North earlier in the meeting. He thanked the CID and said he appreciated their work. He stated that Mr. Smith’s perspective is different than those of the HOA, and that he is not authorized to speak for them.

SIXTEENTH ORDER OF BUSINESS Adjournment

There being no further Orders of Business, and

On MOTION by Supervisor Leishear, seconded by Supervisor Jensen, with all in favor, the meeting was Adjourned at 1:10 p.m.

Next Regular Meeting: Friday, July 9, 2021 at 9:30 AM

Secretary/Assistant Secretary
Chair/Vice Chair