Regular Meeting Minutes for September 15, 2023
The regular meeting of the Port of the Islands Community Improvement District Board of Supervisors was held on Friday, September 15, 2023, at 9:30 a.m. at the Orchid Cove Clubhouse, 25005 Peacock Lane, Naples, Florida.
Steve McNamee, Chairman
Dan Truckey, Vice Chairman, via Zoom
Russell Kish, Supervisor
Kevin Baird, Supervisor
Anna-Lise Hansen, Supervisor
Neil Dorrill, Manager, Dorrill Management Group
Kevin Carter, Manager, Dorrill Management Group
Tony Pires, District Counsel
David Schmidt, District Engineer
Matt Gilbert, Florida Utility Solutions
PLEDGE OF ALLEGIANCE
The pledge of allegiance was recited in unison.
ROLL CALL/APPROVAL OF AGENDA
Four of Five Supervisors were present in person, with Supervisor Truckey appearing via Zoom. The meeting was convened at 9:30 a.m. The meeting was also properly noticed. The notice and affidavit are on file with the district office at 5672 Strand Court, Naples, FL 34110.
On a MOTION by Mr. McNamee and a second by Ms. Hansen, the agenda was approved and Mr. Trukey’s participate by remote attendance was accepted due to extenuating circumstances.
Lisa, 166 Sunset Cay, asked who is in charge of making sure that the sidewalks are cleared? She further expressed her concern for the overgrowth occurring in specific areas of the sidewalks. Ms. Hansen indicated that she has spoke to the county regarding this issue and they indicated that was something the District needed to handle. Mr. Dorrill asked that they clarify what street, and the resident answered with “Sunset Cay.” Mr. McNamee suggested that Kevin visit the resident before involving county code enforcement. Mr. Dorrill further suggested that we could contact our landscaping contractor (Soto) to handle the weed-eating in the area. Supervisors explained the property was still under construction, and not yet occupied. The Board agreed that it was a problem that needs to be addressed further.
APPROVAL OF MINUTES JULY 2023
Mr. Dorrill stated that Mr. Carter went through this set of minutes to revise for clarification. He also stated that we had not received the continuation set of minutes yet. He conveyed to the room that Anna Lise’s offer to receive a preliminary set of minutes a week after each meeting adjourns, so the Board can review/revise for clarity before they become a draft for an upcoming meeting. He believes this will alleviate the suggested edits during the regular meetings.
Mr. McNamee asked Mr. Dorrill to clarify and asked where the two prior meeting minutes were. Mr. Dorrill answered that the management team outsources transcription services and has been backlogged with additional public hearing minutes. He added that going forward, management intends to provide a preliminary set of minutes a week after the meeting, so Ms. Hansen can provide suggested edits.
Mr. McNamee expressed his displease regarding the turn-around time to provide minutes to the Board, adding that they should be receiving a preliminary set of minutes in 7 days. Mr. Dorrill added that his contract does not state that, but that he is not opposed to accelerating this process. Mr. McNamee further commented that the Board did not hire the management team to outsource everything and asks that they get these things done in a timely manner.
A supervisor asked about meetings being uploaded to YouTube. Mr. Dorrill indicated that every meeting is uploaded and available on Zoom. Further discussion was related to audio/visual services for meetings (somewhat inaudible). Mr. Dorrill said he spoke to a firm who sent him a rough proposal of approximately $675, plus $150/hr. for any meeting over a certain amount of allotted time. Mr. Dorrill stated that he thought this may be over what the Board is willing to spend on this service.
The Board further discussed the location and scope of equipment needed to provide this service. They also discussed purchasing equipment (microphones, etc.). Mr. Dorrill said he would reach out to additional requested people who could help the Board set up a better meeting system.
On a MOTION, and a second, the meeting minutes from July 21st were approved as accepted, and future minutes were to be provided to members 7 days after the meeting, for future meetings.
A. Further Consideration of RFP, District Engineering
Executive summaries were presented two weeks ago for two firms that were responsive. The third firm did not provide due to a cyber-attack (Johnson Engineering) and apologized for not meeting this deadline.
Management has developed a ranking sheet, where we will ask that each member complete. This will constitute a voting record.
Dan was asked to communicate with Mr. Dorrill through email or text so we can compile a result.
Mr. Pires suggested that if Mr. Truckey texts a photo of his ranking sheet to Mr. Dorrill today, they can call a consensus of the Board before the end of this meeting. Furthermore, he should mail or email as well, for an official voting record.
B. Update on Proposals for Mosquito Control
Four different firms were contacted for proposals, including Kish, Turner, Mosquito Joe, and Naples Pest Control. Two firms did not respond in a timely manner, Turner, and Naples Pest Control. Kish Pest Control did send a proposal, which is part of the backup agenda material provided today. Mr. Dorrill had extensive conversations with a Mosquito Joe license holder, and expected to receive a proposal today, but had not heard from him yet. In addition, Mr. Dorrill had a conversation with Collier Mosquito Control regarding bounding expansion. They indicated that they were going to re-submit a bill in the fall to annex additional lands to include Port of the Islands and Ave Maria. Mr. Dorrill also asked if they would be interested in entering into an interlocal agreement with the District in the interim, in which they seemed interested. They offered to attend a meeting with the District next month to explore this further. They have a similar agreement with the Ave Maria Stewardship District, which is similar to the POICID. They are primarily interested because they currently spray Marco Island and nearing aerial sprayed areas. The names of the gentlemen Mr. Dorrill spoke with are Patrick Lynn (Executive Director) and Nate Phillips (Operations Director). Mr. Dorrill said that he would ask Patrick Lynn to be at the next meeting to present the agreement with a more formal proposal and understanding of pricing at that time. He added that POI has salt marsh, and services would slightly differ from what Ave Maria is receiving. The Board expressed the exploration of providing the service sooner, rather than later, in the interim that the District would agree to an agreement at a later date. Mr. Pires also noted that the agreement would require board action. The Board agrees that they should cap the amount. They are currently unsure what that amount would be. A figure of $2,000 was discussed. Mr. Dorrill said that the current budget reflects approximately $1,000 per month for mosquito spraying. The board is requesting that he also provide what chemicals will be used.
A resident question whether Esplanade (a new development nearby) is within the map for spraying. Mr. Dorrill indicated that although he was unsure, the Mosquito Control’s website was a great tool for viewing area maps.
C. Further Consideration of Board Meeting Audio/Visual Services
Mr. Dorrill stated this was already discussed and asked that someone share Frank’s contact information with him.
D. FY 2024 Budget/Assessment Roll Certification
The assessment roll has been certified and transmitted to the Collier County Property Appraiser’s office prior to their self-imposed deadline. These are electronically submitted. Mr. Dorrill thanked the Marina Board for providing us with the live-aboard/non-live-aboard information before the end of Friday, which was the day we needed to provide the appraiser’s office with submittals. Mr. Truckey has also been the loop regarding the re-evaluation of boat slip ERU’s and provided the Board with condo documents which state the delineation of this information.
**Zoom comments somewhat inaudible** Mr. Dorrill states he believes a Zoom participant is accidentally un-muting herself.
E. Cay’s Drive Easement Use Agreement
Mr. Pires stated that the Board was already authorized regarding 162/163 Cays Drive Easement Use Agreement. They have agreed to pay 50/25/25 for maintenance costs. He is waiting on the client’s attorney to proceed, but the Board was already aware of the drawings, but they were awaiting signatures from the client’s/attorney.
Discussion was further had regarding a high-water bill of approximately $4k. Mr. Dorrill indicated that the water/wastewater with Munibiling software allows us to run a special report that will flag these residences, and we believe all, about four, were resolved. If there are any others that we are unaware of, we ask for this information. The address given was 199 Cays Drive. Mr. Gilbert said that their operations sees these reports and they can cross-reference to see whether it was read properly.
Further discussion among members/utility operations was had regarding the software and to try and alleviate the disconnect and these anomalies. Mr. McNamee expressed that residents have complained that the call center is not favorable and there are long wait times. Mr. Dorrill disagreed and stated that they have received favorable compliments about the call center.
Mr. Pires redirected the Board back to the Easement Use Agreement and asked for an email address for the client (162/163 Cays Drive). He would like to be able to reach them via email. The signed version will need to be notarized as well.
Mr. Truckey questioned whether the Utility Operations had already re-run those meter readings for the irregularities, and Mr. Dorrill said this process had already taken place in advance of the bills being processed.
FINANCIALS CONT’D FROM JUNE/JULY
The financials through 10-months show there is approximately $4.2 million in cash associated with general fund of $3.1 million and additional $623k in the utility fund. The money market account is $690k. There was $57k in payables outstanding at the end of the month. On the revenue side, interest earnings were $16k. The original budget forecasted $2k for the year. That flows through to the bottom line and is favorable. YTD expenses for civil engineering and legal fees are over budget, but the Board is aware, and this was discussed at the Public Hearing. There were some unusual repairs to the utility side that are shown on the electricity line. Mr. Dorrill asked the utility operator to elaborate. Electrical consumption for the plant is $94k, and the budgeted amount is approximately $30k less than the YTD amount. Mr. Gilbert commented that LCEC rates are up by 30%. The previously discussed repairs to the water plant are also noteworthy and were previously discussed. There were no major capital repairs to report in the new year. Another previously discussed item relates to the debt service budget for the water/wastewater plant, because the District paid off the short term debt that was there. Total expenses overall were about $740k. Overall, the cash position of the District is very strong. In additional to our normal transmittal, the chairman has asked to review any out of the ordinary invoices and we provide those in advance of our monthly distribution.
With no further questions, on a MOTION by Mr. McNamee, and seconded by Mr. ***, the financials were accepted as presented, with all in favor.
Mr. Matt Gilbert provided the monthly utility operations report. Operations at the facility were met in accordance with contract and regulatory requirements. The reused pump station is functioning properly for outgoing pressure, which is a positive. Station 2, on canal, are not communicating. He said that he will need to check with Alana to see about this issue, and if this has been resolved.
The water treatment plant produced 2.3 million gallons of water. The wastewater produced 8.1 million gallons. 839 meters were read, and 937 gallons of chlorine were used. Pump stations are read and maintained weekly. Cays Drive needs to be cleaned, which is a lift station. No injuries reported and no major issues reported during the month.
The Cays Drive intrusion was elaborated, and Mitch is recommending that we camera these areas to determine what major repairs will need to happen. Mr. Dorrill indicated that there is a process that happens to seal those joints of intrusion.
Further discussion was had regarding other repairs/recommendations including US 41 bridge. Mr. Dorrill mentioned that Mr. Truckey is the Board’s liaison for the water/wastewater plant and will follow up with the operator and management to discuss repairs. Also, discuss options on whether to replace or refurbish certain areas.
Mr. Pires drafted a letter to send to Premier District Management’s attorney. The details include a lawsuit compelling records request. The District is also asking for attorney’s fees under the Statute. A member asked for clarification of what the suit is for, and Mr. Pires clarified that the current management has not received all records and requests for records pertaining to the District, specifically involving emails. He will keep the Board posted on a high-level, rather than discuss legal strategy in an open meeting setting. Mr. Pires welcomes any Supervisor to call him to discuss.
A separate discussion was had regarding a Pest Control contractor (clarification?), and Mr. Pires stated that you cannot have a contractual relationship with an entity. He further added that although he has not had enough time to look into all of the laws regarding this specific issue, the contractor is required to sustain and announce a contract with the District.
Mr. Schmidt with Hole Montes presented a report. The easement use agreement at 199 Cays Drive was presented prior to this meeting, as well as 162/163 Sunset. Their firm has also participated in a conversation regarding permitting, which there is an RA, with a response due before Nov 29th.
Pending selection of the District Engineer, their firm will go ahead and move ahead with other pending business, such as leak detection, etc.
No old business was received at this time.
No new business was received at this time.
A. Cays Drive/Newport Pressure Washing Sidewalks and Storm Drain Cleaning
Two quotes were obtained for this: one being $9,650, and the other being $47,287. Another job they are looking into doing is tearing down some walls. A quote was received from Jolly Trucking for $22,500. Soto had also made a quote as well. Mr. Dorrill mentioned that Mr. Carter was involved with this, and that he may have an additional quote from Cougar, which he could share at a later date. Mr. Pires added that the District would need to obtain a license agreement to do work related to the tearing down of walls. As far as the sidewalks are concerned, the Board made a MOTION to accept the lesser quote from Imperial, for the sidewalks at $9,650, with a second, and all in favor.
As far as the walls are concerned, the Board will wait on an official bid from either Cougar or **inaudible** company. The Board could also wait for an official quote from Soto Landscaping. Mr. Pires suggested that a landscape plan be reviewed along with a larger consensus of what needs to be done. A memo of communication would also need to go to residents.
Mr. McNamee suggested that Commissioner LoCastro attend a future meeting to discuss taking over areas of the District, like this median in discussion. Mr. Dorrill stated that the county has similar self-taxing districts that pay for things like beautification. He is not opposed to meeting with chairman of the commission to discuss this further. Mr. McNamee also mentioned that with new building going on, they have collected a significant amount in impact fees from the POICID, and that the District needs to push this issue. Mr. Dorrill said that it may be more beneficial to meet with him privately, in advance of a meeting. Mr. Dorrill added that he would find out Mr. LoCastro’s schedule.
The board asked for any additional suggestions for work to be done within the CID.
As far as the swales are concerned, Soto Landscaping had given Ms. Hansen a quote for cleaning out and restoring the swales the CID is responsible for. The four peninsulas, and Newport, would be within the scope of service. Further discussion was had regarding specific locations.
B. Engineering Update
There are key documents from Hole Montes that are available in electronic form, and the District may need to pay a small cost for any hard copies of requests. Mr. Dorrill also mentioned that there will be a new engineering firm. The results concluded that every board member had Agnoli, Barber, and Brundage as the number one selection. In aggregate, ABB had a total of 453 votes, compared to 280 for Hole Montes. Mr. Dorrill further asks the Board’s permission to authorize he and Mr. Pires to develop, in conjunction with the Board, a proposed agreement to share with you at your next meeting, or no later than the November meeting. Mr. Pires added that part of that is negotiating compensation on either a base-level service or hourly cost. A supervisor asked about what their termination policy would be. 30 or 60 days? Mr. Pires answered that this would be part of the negotiation. The Board corrected their statement and asked what Hole Montes termination policy is, and Mr. Pires said he would have to look further into their contract. He also suggested that the Board wait until suggestions are successful, then determine ranking. Also, under the public record law, upon completion of the contract, Hole Montes is required to turn over what are public records at no cost.
If the negotiations are not successful, they may open the bid to other firms. This would be a 90-day timeframe. Mr. Dorrill stated that ABB has extensive District experience and that they would be a well-qualified selection.
A MOTION was made, and a second, with all in favor for staff to begin a negotiated contract with Agnoli, Barber, and Brundage.
Mr. Lee expressed concern about the charging of fees for certain hard copy requests from Hole Montes. Tony clarified, again, that they would need to determine which requests are public records at no cost, versus non-public. Differentiating between public and non-public requests requires a multi-part test under Florida Law.
Mr. Lee also suggests that audio files from meetings be transcribed via AI intelligence. **Zoom inaudible** The Board thanked him for his input.
Kevin Gate, 25009 Peacock Lane, commented regarding chemicals being broken down within the storage facility and if they are still good. Facilities assured him they still are. What about aerial spraying? Would this be an issue? Some members may be concerned about water quality as well. Mr. Dorrill said that if the Mosquito Control District was willing to negotiate a contract, that we could find a way to communicate these details to residents. Perhaps if not email, through other means. Mr. Truckey mentioned that he may be able to compile emails with information from all sub-associations within the CID. Ms. Hansen asked that a bulletin board be added to the website with announcements. Mr. Pires and Mr. Dorrill agreed this would be a satisfactory idea. Also, Mr. Dorrill said that he will reach out to Mr. Truckey with regards to the CID emails.
A question was raised about Munibilling, and if they will accept ACH soon. Mr. Dorrill indicated that they must use a third party in order to do so and will update him when they are able to accept ACH. Furthermore, many water revenues were received in the first 30 days, which means residents were paying on time. Members expressed they were still confused on how to pay online, and that there was no specific place on Munibilling website.
Mr. McNamee asked when the minutes will be received again. Mr. Dorrill said they will have preliminary edits to Anna Lise within 7 days. A Supervisor mentioned that on the POICID website, when you click on meeting minutes, it doesn’t view minutes, but that it directs you to Zoom information. Mr. Dorrill indicated that staff will coordinate with the District’s website host to revise this if necessary.
The next meeting will be October 20, 2023, at 9:30 a.m. On a MOTION by Ms. Hansen and a second by Mr. McNamee, with all in favor, the meeting was adjourned at 11:35 a.m.