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Revised Continuation Meeting Minutes for September 2, 2022

Port of the Islands
Community Improvement District

The continuation of the August 19, 2022 meeting of the Port of the Islands Community Improvement District was held on Friday, September 2, 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
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.
Francesca Passidomo – Attorney, Coleman, Yovanovich, and Koester, P.A.
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 continuation meeting.

FIRST ORDER OF BUSINESS Call to Order and Roll Call

The Port of the Islands Community Improvement District Continuation Meeting was called to order and 4 Board members were present, with Supervisor Jensen attending via web conference. Also at the meeting were Cal Teague, the District Manager, Tony Pires, the Attorney, and Francesca Passidomo, Attorney, and Several Residents. Several Residents also participated via web conference.

On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board approved Supervisor Jensen’s attendance via web conference, due to exceptional circumstances.

SECOND ORDER OF BUSINESS Pledge of Allegiance

THIRD ORDER OF BUSINESS Approval of the Agenda

Move 12B Loan with Valley National Bank Before 10B

On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Agenda was approved, as amended.

FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items

Agenda Items:

Deb Jansen requested that the Board explain in detail what green space is in regards to Parcel 13.

Non-Agenda Items:

There were no Audience comments on Non-Agenda items.

FIFTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for December 3 2021

On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board approved the Draft Meeting Minutes for December 3, 2021, as submitted.

SIXTH ORDER OF BUSINESS FY 2023 Budget Public Hearing

This was covered in the previous meeting.

A. Resolution 2022-09 Adoption of FY2023 Budget

B. Resolution 2022-10 Approval of F2023 Assessment Levy

SEVENTH ORDER OF BUSINESS Landscape Maintenance

This was covered in the previous meeting.

A. Landscape Maintenance Report, July 2022

B. Elevation Issues Update

C. Trees Trimming Update

EIGHTH ORDER OF BUSINESS Utility Operations

This was covered in the previous meeting.

A. July 2022 Plant Operations Report

NINTH ORDER OF BUSINESS Engineer Report

This was covered in the previous meeting.

A. Stella Maris North Project Update

B. Swale Issues

i. 162/163 Sunset Cay

ii. 159 Windward Cay

iii. 168 Cays Drive

iv. Cays Stormwater Update

C. Review of CIP – Priority List

TENTH ORDER OF BUSINESS District Manager Report

A. Monthly Financial Report for July 2022

This was covered in the previous meeting.

The Board moved up 12B Attorney Report ahead of 10B Parcel 13 Updates and Action Items

B. Loan with Valley National Bank

i. Resolution 2022-12 Approving Loan and Loan Agreement

Attorney Pires stated that there are minor changes in the Loan Approval. The effective date of the note is now September 6, 2022, and the maturity of the note is May, 2027.

District Manager Teague stated that the bank requested the engineer’s estimates for expenditures and information on any lawsuits. The engineer’s estimates were included in the agreement, as well as, the information on the lawsuits with Mr. Prepin and Mr. McNamee.

On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with 3 in favor, and Supervisor Kish opposed, the Board approved the loan and loan agreement with Valley National Bank, with the effective date of the note as September 6, 2022, and the maturity of the note as May, 2027.

ii. Loan Agreement

This was acted upon in the previous motion.

Continuation of the District Manager Report

B. Parcel 13 Updates and Action Items

Attorney Pires stated that there are some issues that need to be resolved, so the closing agreement can be finalized. Because of the changes to the closing agreement, that needed to be added, Attorney Pires proposed that the final documents be completed by September 16th, and the closing date be moved from September 9th to September 23rd. After discussion, the Board agreed to aim for closing on the 16th, and no later than the 20th.

On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board approved the Chair to sign the amendment to the contract and proposed the closing of the sale of Parcel 13 no later than September 20, 2022, and to add to the September 16, 2022 Agenda the completion of the final documents.

Attorney Passidomo explained the modification that will be made to the Declaration of Restriction as it relates to the approval of the County for a roadway in the development. Lindsay Case proposed sending the County two proposals for a roadway.

There will be cost sharing for infrastructure between the CID and the new development.

i. Restrictive Covenants (further edits have been made)

Attorney Pires believed that the covenants could be finalized, and he suggested that there be a motion.

On MOTION by Supervisor Leishear, seconded by Chair O’Connell, with all in favor, the Board approved Plans A, B, and C and the covenants presented in reference to the roadways.

ii. Closing and Post Closing Agreement [Easement, Zoning, Costs Allocation]

Attorney Passidomo stated that, as part of the agreement, there will be open space available to the community and there will be no structures built on it.

a. Grant Utility Easement

Attorney Passidomo had drawn up a temporary non-exclusive public utility easement relocation agreement.

Engineer Schmitt stated that they will participate in the costs of looping the system and upgrading the roads leading to the plant. Attorney Passidomo stated that the District would reasonably cooperate with them and would pay to relocate the facilities. There will be an easement swap to relocate the utility line.

b. Alternative Site Plan

c. Grant of Access Easement [to POICID, State of Florida and Public]

d. Grant of Access Easement [to Louland]

Attorney Passidomo stated that all of the community will be able to use Louland to go North. Chair O’Connell understood that the District will absorb part of the cost to widen the road, but she asked if they would absorb part of the cost to move the utilities, and Attorney Passidomo stated that they would not.

e. Vacation, Release and Termination of Easement

Attorney Pires stated that the agreement will allow for the easement to be vacated, released and terminated at the proper time.

f. Various Other Documents as Appropriate

The subjects presented today are not all inclusive, but are notes to be included in the draft, and the finalized documents will be presented at the September 16th meeting.

C. Resolution 2022-07 FY2023 Meeting Dates

This was covered at the previous meeting.

ELEVENTH ORDER OF BUSINESS Field Manager Report

This was covered at the previous meeting.

A. Field Report

B. Follow-ups

i. Aerator Installation Update

ii. Newport Drive Monument Painting Project Update

TWELFTH ORDER OF BUSINESS Attorney Report

A. Resolution 2022-07 Regarding Sale of Parcel 13; Authorizations

This was covered at the previous meeting.

B. Loan with Valley National Bank

Moved to 5th Order of Business

i. Resolution 2022-11 Approving Loan and Loan Agreement

ii. Loan Agreement

THIRTEENTH ORDER OF BUSINESS Old Business

This was covered at the previous meeting.

FOURTEENTH ORDER OF BUSINESS New Business

This was covered at the previous meeting.

FIFTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

Supervisor Leishear would like the options for a boat storage proposal to be placed on the Agenda for the next meeting.

SIXTEENTH ORDER OF BUSINESS Audience Comments

Deb Jansen requested copies of the draft of the closing agreement.

Durland Fish commented that he was opposed to the sale of Parcel 13, and he also commented that the County should allow POI permission to develop County property for public facilities that would be of benefit to the community.

Deb Jansen also asked if the CID could join the residents in their request to the County for development of public facilities. She commented that the CID could share the costs for the public facilities from assessments. In addition, she commented on her concern about the increase in assessments and taxes.

Kathy Oswald wondered if the community had a say about the county rezoning the parcel at the POICID entrance allowing for boat storage.

SEVENTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Chair O’Connell, seconded by Supervisor Leishear, with all in favor, the Board agreed to adjourn the meeting at 10:55 a.m.

The Next Regular Meeting will be on September 16, 2022 at 9:30 a.m.

Secretary/Assistant Secretary
Chair/Vice Chair