March 20, 2020
Port of the Islands
Community Improvement District
The meeting of the Port of the Islands Community Improvement District was held on Friday, March 20, 2020 at 9 a.m. at the Orchid Cove Community Center on 25005 Peacock Lane in Naples, Florida 34114.
Present (on the phone) and constituting a quorum were:
Tony Davis – Chair
Russell Kish – Vice Chair
Norine Dillon – Assistant Secretary
Teri O’Connell – Assistant Secretary
Kathryn Kehlmeier – Assistant Secretary
Also present were:
Cal Teague – District Manager
Daniel Cox – Attorney
Ron Benson – Engineer
Robert Soto – Soto Lawn
Chris Dudak – Assistant to the District Manager
On MOTION by Chair Davis, seconded by Supervisor O’Connell, with all in favor, it was approved to allow Secretary Dillon and Secretary Kehlmeier to participate by phone due to the Coronavirus.
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
All staff members participated in the meeting via telephone and the meeting was called to order with the District Manager calling roll. All Board members were present. Also present by telephone were Attorney Daniel Cox, Engineer Ron Benson, Robert Soto from Soto’s Lawn Service and Chris Dudak, Assistant to the District Manager.
SECOND ORDER OF BUSINESS Approval of the Agenda
The Agenda was approved as presented.
On MOTION by Chair Davis, seconded by Supervisor O’Connell with all in favor, the Agenda was approved as presented.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
Dave Truehart and Jack Carey, from the Villages of Stella Maris, discussed median plantings and a pothole on Stella Maris North.
On MOTION by Supervisor O’Connell, seconded by Supervisor Kehlmeier, with all in favor, the current median plantings are approved but in the future must receive Board approval prior to installation.
FOURTH ORDER OF BUSINESS Draft Meeting Minutes
A. Draft Meeting Minutes from February 21, 2020
The Meeting Minutes were approved as presented.
On MOTION by Chair Davis, seconded by Secretary Kehlmeier, with all in favor, the Meeting Minutes for February 21, 2020 are approved as presented.
FIFTH ORDER OF BUSINESS Utility Operations
A. Report for February
Mitch Gilbert was present at the meeting to give his report which was presented and discussed. No action was needed to be taken at this time.
SIXTH ORDER OF BUSINESS Landscape Maintenance
A. March Notes
Robert Soto was on the phone to answer questions regarding his report and after explanation there were no other concerns raised. He submitted a proposal for $1,950 to get power to the area to the west of US 41 and for relocating an irrigation timer. He commented that, since the hurricane about two years ago, there hasn’t been irrigation there. Heads and valves may have some issues due to lack of use. When asked if this could be submitted to FEMA for funding, the District Manager said it has already been closed out.
On MOTION by Supervisor Kehlmeier, seconded by Supervisor Dillon, with all in favor, to approve Proposal #3501 for $1,950 to relocate a timer and for extending the heads and valves in the area on the west side of 41.
SEVENTH ORDER OF BUSINESS District Manger Report
A. FEMA Reimbursement
FEMA has paid the District $44,907.86 which is the total request except for$2,245.39 to cover administrative fees that are due to Premier District Management.
A proposed Management Services contract amendment was presented by the District Manager that updated fees to reflect two years prior of Consumer Price Index increases at 3% each year. It also included a restructuring of the contract pricing segments by removing $11,500 for mosquito spraying and allotting less money for field services and increasing the utility billing segment. The net effect was a decrease of the contract by $11,500 that was dedicated for mosquito spraying which will now be performed by an outside vendor. In addition, the revised contract authorizes PDM to charge an estoppel fee of $150 to requestors of this service and a grant administration fee of $45 per hour with prior approval by the Board. Supervisor O’Connell commented that the new web admin fee of $100/month should be included. The contract was approved contingent upon Supervisor O’Connell’s review which will include the $1,200 adjustment to Exhibit B, the pricing schedule.
On MOTION by Supervisor Kehlmeier, seconded by Chair Davis, with all in favor, the contract was amended including the $1,200 increase for web services and confirmed by Supervisor O’Connell.
C. FY 2021 Draft Budget Presentation
The FY2021 draft budget was presented by the District Manager who stated there is no proposed increase in the assessments and this is the last year for debt service. FEMA money came in after February and is being projected. Water sewer funds were adjusted slightly. It has to be tentatively approved by June 15. There was a question regarding when the final Water Plant loan payment was to occur and the staff accountant will verify if 2021 or 2022.
D. Website Update
i. Senate Bill 1466 Proposed Changes
A bill has been proposed that the agenda packet not be required to be posted on the website, just the agenda and minutes. The rest of the website, needing to be ADA compliant, is still required. The bill has been approved by the House and Senate and once signed by the Governor will be effective in July.
ii. Website Management Agreement
An agreement was presented to establish ownership of the website components and the intent was to establish that POI owns the domain and the content of its site, but the tools developed to convert documents belongs to Premier, who paid for it. The way the website looks, the keys to the website, will not be given to another company.
On MOTION by Chair Davis seconded by Supervisor Dillon, with all in favor, approve the website management agreement with PDM.
E. ERC Summary
The ERC summary hadn’t been updated since 2010, but was updated and presented to the Board.
EIGHTH ORDER OF BUSINESS Financial Report
A. Report for February 2020
The Financial Report for February 2020 was approved as submitted.
On MOTION by Supervisor O’Connell, seconded by Supervisor Kehlmeier, with all in favor, to accept the Financial Report as submitted.
NINTH ORDER OF BUSINESS Field Manager Report
A. Field Report for March
The report was presented and the Board asked that quotes to repair the potholes on Union Road and to relocate the meter box at 333 Newport Drive off the edge of the pavement.
B. Other Follow-Up Items
There being none, the next order of business followed.
TENTH ORDER OF BUSINESS Engineer Report
A. SFWMD 5-Year Report Renewal Update
The Engineer commented that the ERC schedule has existed since the 90’s and is used to justify the water use permits. The water use allocations are established by calculation of water usage based upon number of registered voters and population projections. The numbers will be adjusted for ultimate development and will be submitted to the South Florida Water Management District this month.
B. Dock Water Service Request
The Villages at Stella Maris has an ongoing project with an engineering firm to put in about 68 docks along the seawall. They have some of the county permits needed, but not all of them. The Engineer said they need drawings which will be used along with the Collier County methodology for water meter standards.
ELEVENTH ORDER OF BUSINESS Attorney’s Report
A. Parcel 13 Water Frontage
The Engineer and District Manager reviewed a memo of a meeting they had with the County staff regarding the North Hotel situation, now that the county has ownership of the property. Control or access of water rights for the canal were a priority for the District. The County staff stated that the Water Management District had control of the canal and they would have to draw up a use agreement if the property title is transferred. Several developers have shown interest, but there are no current proposals. The District Manager said they presented an idea for the CID to buy the North Hotel property for $1, including the water rights, but then POI would be responsible for demolition of the hotel. After discussion it was agreed that the Board had no interest in accepting the North Hotel property if the community became responsible for the demolition thus making it a financial burden and liability to the community.
B. Orchid Cove Irrigation Billing Agreement
The final agreement was presented and subject to approval upon fixing a small clerical error.
On MOTION by Supervisor Dillon, seconded by Chair Davis with all in favor, to accept the Orchid Cove Irrigation Billing Agreement.
C. Amendment to Engagement of Counsel
The rates haven’t been adjusted in several years and he proposes to increase his fee to $750 per meeting rather than the current $600. The other rates would remain the same.
On MOTION by Supervisor O’Connell, seconded by Vice Chair Kish with all in favor, to accept the Amendment to Engagement of Counsel.
D. COVID 19 Response
The Municipal Attorney’s Association has spoken with the Governor about matters such as operating within the Sunshine Laws. They asked for waivers and clarification but have received no response yet. It is actively under consideration for next meeting to be completely remote. He will keep the Board posted on the results. He has been reminded that no entity should jeopardize their personal safety. The Florida League of Cities has also petitioned the Governor’s office. Several states have relaxed Sunshine Laws through state of emergency declarations.
TWELFTH ORDER OF BUSINESS Old Business
A. Lake Maintenance and Littoral Planting Update
It is not the right time for new plantings. It will be completed before the rainy season.
B. 120 Wilderness Cay Concrete Gutter Repairs Proposals
It was reported that the previously proposed repairs are not where the water backup is and that the resident would still like it to be repaired. Two proposals were obtained to replace 30′ of valley gutter in front of the home, Tincher ($2,250) and Conidaris ($4,450). The most recent field report shows water collecting within the old gutter and not at the recent repair.
On MOTION by Supervisor Dillon, seconded by Chair Davis, with all in favor, to have Tincher make the repair for $2,250.
THIRTEENTH ORDER OF BUSINESS New Business
There being none, the next Order of Business followed.
FOURTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Letters will be sent to those on private property to remove exotics within 30 days.
FIFTEENTH ORDER OF BUSINESS Audience Comments
John Del Debbis does not want the CID to take responsibility for demolition of the North Hotel, and was told they will not.