MINUTES OF THE MEETING
OF
THE PORT OF THE
COMMUNITY
IMPROVEMENT DISTRICT
The regular meeting of the Board of Supervisors of the Port of the
Islands Community Improvement District was held
Present and constituting a quorum
were:
Ted Bissell Vice Chairman
Richard Burgeson Assistant
Secretary
John Robinson Supervisor
Also present were:
Mr. DeCocq District Manager
Dan Cox Attorney
Ron Benson Engineer
Tim Stephens Utilities Director
Numerous Residents See
attached list
FIRST
ORDER OF BUSINESS Roll
Call
Mr. Bissell called the meeting to order and Mr. DeCocq called the
roll.
SECOND ORDER OF BUSINESS Public
Hearing Adopting the Budget for the Fiscal Year 2005
Mr. Bissell opened the public
hearing.
Mr. DeCocq stated at the last
meeting we had a discussion regarding your intentions with your budget. We had several options regarding revenues for
infrastructure projects that were lacking.
The Board decided to increase
the operations and maintenance and the standby fee in order to accommodate some
infrastructure. The Board decided to go
with the maximum suggested increase. As
of right now in your general fund in your assessable units, you are looking at
1,059 and a total cost of $630.64. In
your sewer, you are looking at a total of 1,028 ERU's, which is an assessment
of per ERU $638.
Mr. Bissell stated I have a
question on that. When Mr. Burgeson made
the motion the last time we were talking about $711.
Mr. DeCocq stated I believe
this is because we put units back in that we had taken out before. The accountant adjusted those figures. If you want to stick with the $711 total increase,
I am more than happy to do that. We can
make that adjustment to the budget.
Mr. Robinson asked are we
getting everything we wanted to get?
Mr. DeCocq stated you might
want to stick with the higher assessment number because there are some units
back in that are still considered bad debt.
We know we are not going to fully collect everything we
anticipated. You will probably want to
stick with that $711 total increase.
Mr. Robinson asked do we need
another motion?
Mr. DeCocq responded I will
defer to counsel.
Mr. Cox stated we can clear
that up after the public hearing.
Mr. DeCocq stated there were
adjustments for a few line items that needed to match up with the written
salaries. I think everything was in
order. Are there any other questions from
the Board on the budget as presented?
Hearing none, we will now
accept comments from the public.
Ms. Marchand asked the current
O & M is $379.50; is that correct?
Mr. DeCocq responded yes, you
will see that we have that estimated and that simply takes that number and
divides it out. That number is $379.50.
Ms. Marchand stated that is
what is currently being billed?
Mr. DeCocq responded yes.
Ms. Marchand stated at the
last meeting you were talking about it going up to $537.00.
Mr. DeCocq stated the Board
discussed raising it up to $711 per ERU for O & M. That is for stand-by fee as well as O &
M. The Board wanted to try to obtain a
great amount of funds for the capital improvement projects as planned.
Ms. Marchand asked the current
stand-by is $378.77?
Mr. DeCocq responded that is
correct.
Ms. Marchand asked and those
are both brought up to $711?
Mr. DeCocq responded that is
correct.
Ms. Marchand asked is that
based on the fact that it was the lower number of ERC's and ERU's?
Mr. DeCocq responded
correct. The idea being that the ERC's
and ERU's that were taken out were due to anticipated sales of property. I do not believe we received that money
anyway. In general, we have some units
out there that will not be collected. We
may actually come in lower.
Ms. Marchand asked so, if that
money is paid, then those individual assessment units are replaced by about
twenty percent, which could mean a reduction at a later date? I think Cox had referred to that as twenty
percent with the difference of the ERC's.
Mr. DeCocq stated to make sure
I understand, your are saying if we go ahead and assess $711, anticipating bad
debt, if everybody pays, your question is will there be a reduction or a
rebate?
Ms. Marchand responded yes, in
the future.
Mr. DeCocq stated this is one
year. Every year the Board will
determine what needs to be assessed based upon their present and anticipated
future conditions.
Ms. Marchand stated except
that these numbers were based on a projection.
This was the money that you thought you had to collect to do that
five-year projection.
Mr. DeCocq stated this was
originally based on the fact that money you had already built into the budget,
raising an additional $300,000 or so to get where you wanted to be. At the Board's direction, I said assuming we
do not get that money and we have to spend that extra $135,000 in the budget,
what would it take to gain more money this year? The original estimates by your previous
manager were based on five years.
I believe with the increases
to get this $500,000, that schedule has probably been accelerated
somewhat. That is my assumption based
upon the engineer's report versus the numbers we intend to raise.
Ms. Marchand asked so, at this
similar meeting next year, if you collected excess of what you anticipated to
collect there potentially could be a reduction in these high increases?
Mr. DeCocq stated it
potentially could be, but that is up to the Board. The Board sets policy based upon what the
present day situation is next year, plus what they anticipate and intend to do
over the next few years.
There being no further comment
from the public,
Mr. Bissel closed the public
hearing portion of the meeting.
Mr. DeCocq asked would it be
appropriate to ratify what we did at the last meeting.
Mr. Cox responded as far as
the $711 figure set at the public hearing and to establish the budget that
would have been at $711.
On MOTION by Mr. Burgeson seconded by Mr. Bissell
with all in favor the $711 assessment set at the last meeting was ratified.
a. Consideration
of the Annual Appropriation Resolution 2004-05
Mr. DeCocq stated Resolution
2004-05 is a resolution adopting the final general fund debt service and water
and sewer budget for the Port of the Islands Community Development for Fiscal
Year 2005. Basically, this does exactly
what it says.
This sets your final budget
that we will officially adopt and the assessments will be set.
On MOTION by Mr. Robinson seconded by Mr.
Burgeson with all in favor Resolution 2004-05 was adopted.
b. Consideration
of Resolution 2004-06 Levy of Non-Ad Valorem Assessments
Mr. DeCocq stated Resolution
2004-06 is a resolution levying a non-ad valorem assessment for water
management and roadway costs within the Port of the Islands Community
Improvement District for the period of October 1, 2004 through September 30,
2005.
Mr. Cox stated this also levies
an assessment for the debt service fund and the cost of operating and
maintenance of the sewer and water. The
budget will be modified to reflect your $711 per unit assessment.
Mr. DeCocq stated we normally
leave the figures blank in case anything is changed at the meeting.
On MOTION by Mr. Robinson seconded by Mr.
Burgeson with all in favor Resolution 2004-06 was adopted.
THIRD ORDER OF BUSINESS Consideration
of Fiscal Year 2003 Annual Engineer Report
Mr. Benson stated the items in the report are basically
the same as what I presented in February and March. The handout addressed these capital
improvements projects and summarized projects that had been in the engineer's
report for many years.
We had some of the new projects discussed throughout the
year, the status of the road system and repairs. Generally, what is in the report is what we
have already discussed in the presentations in the past, so I am here to answer
questions.
Mr. Bissell stated this was well prepared.
On MOTION by Mr. Bissell seconded by Mr. Burgeson
with all in favor.
FOURTH ORDER OF
BUSINESS Staff
Reports
A. Attorney
There not being any, the next item followed.
B. Engineer
Mr.
Benson stated to follow up on the engineer's report, the table identifies the
renewal and replacement projects and the table identifying the capital
improvements, I have added a column to the right where we previously identified
the projects, cost and priority within each of the groupings. It was a compilation of the engineer's
opinion as well as the field manager. We
put together our opinion and compromised and came up with a list that we both
support for the same priorities.
We
have taken the highest priorities within each grouping that we felt it would
best be done first. If you look at the
top list, items, 1, 2, 3 and 4, I moved over into that last column. The next grouping I think I moved over to
first six. On the second page, the top
of that list is projects related to putting in new sidewalks, which I felt was
not the highest priority at this time.
The second grouping, one related to the pump station and modifications
that would be required by DEP to allow us to combine our irrigation system with
the reuse system, not just reuse for part of the community that is the largest
project.
There
was also a project at the wastewater treatment plant, related to the effluent
filter, which relates to our reliability for our reuse system. I have taken those and moved them over to the
far column. If we subtotal those, add in
any contingency, administrative or legal costs that we have estimated,
engineering design and inspection costs, bringing that to a grand total for the
early projects of $636,000.
Those
would be the projects that we would encourage to be done first. If we have $500,000-600,000, whatever money
available based on the new rates, these are the highest priority costs from the
engineer's opinion.
Mr.
Bissell asked when we get to the part of replacing the corroded pipes, at that
time should we extend the non-potable water to the first system and to the
homes back there to get that done before the resurfacing is done. We discussed that in the past.
Mr.
Benson responded that is not part of the reuse.
Mr.
Bissell stated but they could be. We
have discussed that in the past.
Mr.
Benson stated that is on the second page of the project, I-4. You make that a point that would probably be
best in conjunction with the resurfacing.
We could probably take and not resurface that section because there is
other work being done back there, we could potentially resurface a different
section of the community first and then do the water lines, say the second year
of this program and then resurface after that.
Mr.
Cox stated we talked about the means to do that running down the east side of
Newport, so we did not have to go under Newport.
Mr.
Benson stated we were going to resurface all those roads. We have not yet identified exactly where we
would put these new water lines. We
potentially could put them down whether or not we are interfering with the
road.
Mr.
Bissell stated we resurfaced the roads that do not belong to us.
Mr.
Cox stated we do have maintenance responsibility for maintenance of all the
roads.
Mr.
Robinson asked could you sleeve ahead of time and then do it?
Mr.
Benson responded you could do that also.
There are a couple of ways you could do that. We could identify where we would cross the
road and put the line, just a segment in crossing the road, without connecting
anything and then come back and then come back and connect it later. There are various options.
We
were going to do the area of the roads on this side first because it is pretty
well built. There is not a lot of
development over here any more. If we do
the roads, we are not going to tear them up any more. There is still a bit of activity on the other
side of the canal. On the area going
north, we were going to do that last.
There is still a lot of property over there.
At
this point we identified where we would cross the roads in the future and then
connect them up probably the second or third year, when we do that.
Mr.
DeCocq stated so you understand, we did this to give you an idea of what we
thought might be a priority. We want to
start running with these projects in the next fiscal year. I suggest you go home, read it and bring any
comments back to the next meeting for adjustments. I would like to adopt a capital improvement
plan before we hit Fiscal Year 2005.
That way, we can start to budget some of that money and get moving.
Mr.
Bissell stated in August, we could have a discussion.
Mr.
Benson stated we were thinking we could see which of the things we could get
through and the ones that could not be funded could be listed for the next
level priorities for the next year. We
could do this each year as we develop our CIP list.
Mr.
Bissell asked the money for the operations and maintenance system, could some
of that money be put over into capital improvements?
Mr.
Cox responded you have an affirmative obligation to maintain your systems and
the engineer has identified these programs as a requisite for proper
maintenance of the system.
Mr.
Bissell stated right that is for maintenance and new construction.
Mr.
Benson stated the items on the first page are not new construction. They are basically renewal and replacement,
repairing systems you already have. The
second page shows items that would be potentially considered new systems. There are two projects on the second page
that are new systems that really need to be done. The first page we are doing part of the
projects that are renewal and replacement, so you are simply fixing or
replacing a piece of equipment that is worn out.
Mr.
Bissell asked is that money available right now?
Mr.
DeCocq responded that $135,000 is something that we have always put in there
anticipating using for your capital outlays and just have never seemed to be
able to do it. I will not know if it is
there until the end of the year.
Mr.
Robinson asked what about maintenance of the site itself back there? Do we have anything for that maintenance?
Mr.
Benson responded there were some projects like W4 and WW3; those are actual
repairs to the building out there where Mr. Stephens is.
Mr.
Robinson stated maybe that could be power washed.
Mr.
Benson stated this budget is operation and maintenance, repairing, new air
conditioning or if a metal panel needs replacement.
Mr.
DeCocq stated we have been putting together a maintenance schedule on a monthly
basis to help me understand what responsibilities we have. We want to develop some of these maintenance
programs, so you do not have to do the capital investment as often as possible.
Mr.
Robinson stated all of us would like to have a nice place that looks decent.
Mr.
Bissell stated when I recommended the Board to hire Natalie; my selling point
to the Board was for her to do things like this in the community and the
plant. I have discussed this with Mr.
DeCocq in the past.
Mr.
DeCocq stated and I agree.
Mr.
Robinson stated it should look like the community that people are paying for.
Mr.
Bissell stated we also have pallets back there that we have to get rid of.
Mr.
Benson stated I have one more item. A
few months ago, there was a discussion and approval for purchase of a new pump
at the recycle plant. Mr. Stephens came
in with the actual price of the pump that was previously approved. We discussed a price for a local contractor
to install that. We talked about having
Kyle Construction install that pump as an additional item that he was working
on at the plant at one time.
Without any details, we estimated $2,000 or
$3,000. Mr. Gatti felt that seemed
appropriate. We have a price from the
contractor of $7,000 after talking him down from his initial price. There is more involved than we thought. The concrete base and bolts have to be
replaced. That is the price. You can check with other contractors, but
probably will not get anything lower.
Mr. Robinson stated maybe we should get bids on
this. This is much more than $2,000.
Mr. Bissell stated all right, then maybe you
should get some bids if that is the Board's desire.
Mr. Stephens stated the guy across the road;
maybe we can talk to him about it.
Mr. Burgeson asked is that the guy that put the
pipe in around the sewer plant?
Mr. Benson responded yes.
Mr. Burgeson stated he was pretty low.
Mr. Benson stated based on what we have seen and
what he showed us of how he came up with this price, I would say it is between
$5,000 and $10,000. I am not sure what
is in the current procurement procedure.
Do we have to publish for bids or can we just get quotes from several
local contractors?
Mr. Cox responded it is below the threshold for
going through the formal bid process.
Mr. Benson stated the formal advisement for bids
for a project of this size would cost a lot of money. Can we get three prices?
Mr. Cox responded yes.
Mr. Bissell asked is the pump there and ready?
Mr. Benson responded yes, it is. I will work with Mr. Stephens to obtain some
prices and get back to you.
The City of Naples has not signed the agreement yet
as far as I know, to do the testing for the samples for the reuse system. That is the last step we need in place before
we can actually start that system.
Mr. Bissell asked what did they come up with as
far as cost?
Mr. Cox responded it was attached to the
agreement that I do not have.
Mr. Stephens asked could I get a copy of that
agreement when that goes through?
Mr. Benson stated the City of Naples folks
mentioned that now the City of Marco Islands is asking the City of Naples to
have them do the same thing and they would pay the same price as the cost.
Mr. Cox responded it was not that much. I believe I have it in the agreement.
Mr. Bissell stated while he is looking that up,
does the Manager have anything?
D. Field
Manager
There
not being any, the next item followed.
C. Manager - Consideration of Meeting
Schedule for Fiscal Year 2005
Mr.
DeCocq stated we need the Board to approve the meeting schedule for the Fiscal
Year 2005. Basically, you meet
monthly. The exception is in July and
other than that you meet on the third Friday of every month. You can adjust a date as necessary if we have
a lack of a quorum.
Mr.
Bissell asked in November, will Mr. Robinson be on the Board or does the new
Board sit at that meeting?
Mr.
DeCocq responded that is a good question.
It used to be that the new Board was seated in January. Has that changed?
Mr.
Cox stated I will find out.
Mr.
DeCocq stated I know that seating in January has been standard in my Districts
since January, but I heard a rumor that may change.
Mr.
Bissell stated two years ago we did it in November. If you remember Mr. Gatti and Mr. Wolsky were
elected unopposed.
Mr.
DeCocq asked were they already seated on the Board?
Mr.
Bissell responded yes, and I was elected to a two-year term.
Mr.
Robinson stated I do not know how long my term was.
Mr.
DeCocq asked was that by the Board or landowner election?
Mr.
Cox responded landowner.
Mr.
DeCocq asked do we know who the new Board members are?
Mr.
Bissell stated three people applied with no opposition, so according to
statute, I believe they have been elected, so we know who the Board members
will be for the next four years for those three positions. If you would please stand, Ms. Dillon, Mr.
Lambert and Mr. Ziko.
Whereupon,
the audience acknowledge their congratulations to the new Board members.
Mr.
DeCocq stated until we find an answer we will adopt the schedule and once we
find out, you have the right to change your schedule with proper notification
as we go along. It is not a big deal.
On MOTION by Mr. Bissell seconded by Mr. Burgeson
with all in favor the meeting schedule for Fiscal Year 2005 was adopted as
presented by staff.
FIFTH
ORDER OF BUSINESS Supervisor's
Requests and Audience Comments
Mr.
Robinson stated I guess at the last meeting the Board voted to forgive some
debt. The order of dismissal was entered
on July 2nd and we are preparing the foreclosure complaint.
Mr.
Bissell stated we have already discussed the water and sewer increase on our
monthly bill.
Mr.
DeCocq stated we will be presenting that in the next month or so.
Mr.
Bissell asked what about the fire hydrant that was broken?
Mr.
Stephens responded that was done.
Mr.
Bissell asked could you, as manager, possibly contact the fire department and
ask them to send the report to you and the president of the Board. It has been sent to Mr. Neal. I do not believe he has any involvement, does
he?
Mr.
Robinson responded they send it to him because I request water tests a lot of
the time.
Mr.
Benson asked what are they sending.
Mr.
Bissell responded the report on the flow test.
Mr.
Benson stated that is because the developer requested the fire flow test
because the County requires the developer to show they had fire protection
prior to their giving approval.
Mr.
Bissell stated I have no objection to that, I am just requesting that a copy be
sent to the manager and Mr. Gatti. That
had been broken for a whole year and never reported because the Board never
knew about it.
Mr.
DeCocq stated I will make sure they get a copy.
Mr.
Bissell stated the location of the pipe repair by Big Cypress back on February
26th on Newport Drive broken by road construction. Where was this location?
Mr.
DeCocq asked do we know anything about that.
Mr.
Stephens stated this was a line across Newport Drive. They broke a lot of lines when they did
that. There was no location of the
irrigation lines. We located the water and
sewer lines, but the irrigation, we have no plans for. We had to repair those lines they broke.
Mr.
DeCocq asked were we putting that line in at the time?
Mr.
Stephens responded the District was having it done.
Mr.
DeCocq asked since we did not have a location for said line, they hit it?
Mr.
Stephens responded there was no way to locate it. There is a patch out here by the first fire
hydrant as you go down Newport Drive.
There is a culvert right there and you will see a patch going
across. That is where you replaced it
all the way across Newport Drive. If you
cross the median, which has about fifty feet there, there was a lot of
irrigation.
Mr.
Bissell stated Kyle Construction repaired it and it blew again. I believe that was stated at one of the
meetings. Did we have to pay to redo
something they did not do properly the first time?
Mr.
Stephens responded that is just one thing that happens any time we put a
coupling together. Once you put the
pressure back to it, most of the time it holds, but sometimes in this situation
it has a ninety-degree turn and it was down about seventy feet, really
deep. It was hard to get to underneath
the driveway and underneath the road.
Mr.
Bissell stated I have requested the minutes of the executive session in
May. The budget correction and the
meeting attendance.
Mr.
DeCocq stated I spoke with Ms. Rutter, the accountant and according to the
attendance sheets what she has paid out this year is exactly right, but
according to the minutes and what Mr. Bissell has found, they do not seem to
jive. It seems there is an overpayment
of approximately $1,600.
My
question to the Board is how do you want me to rectify it. It would not be unusual that a name got left
on accidentally in the minutes. I
believe Mr. Robinson, that the one meeting you were not here, you attended by
phone; is that correct?
Mr.
Robinson responded well that meeting was in the spring and he shows
November.
Mr.
Bissell stated Mr. Burgeson has missed at least four meetings. We are all aware of that, so there has to be
some adjustment somewhere.
Mr.
Burgeson responded I do not think I did.
Mr.
Robinson stated I do not recall receiving a check in the mail, so if I was not
here, I did not get it.
Mr.
DeCocq stated we will check the stubs versus that. Accounting is reflecting what we show here,
but it could be an incorrect posting or something.
Mr.
Bissell asked it has to go by the minutes, right?
Mr.
Burgeson stated if they did, just tell me and I will pay it back.
Mr.
Bissell stated Mr. Glass, in April apparently has used our credit card for a
few hundred dollars. With that credit
card he purchased gasoline and groceries according to the receipts. I spoke with Severn Trent and apparently he
was one of our employees last year for approximately one month and he was let
go. Is he using our credit card?
Mr.
DeCocq responded obviously there are several issues with that and I will obtain
answers for you.
Mr.
Bissell asked when the other guy buys gas, does he use our card.
Mr.
Stephens responded he uses Mr. Glass's old credit card.
Mr.
DeCocq stated we just need to get that changed out.
Mr.
Bissell asked does he sign in his own name or Mr. Glass's.
Mr.
Stephens responded you just put it in and pull it out.
Mr.
Bissell asked what about the groceries and such?
Mr.
Stephens responded he does not get groceries.
Mr.
Bissell stated one of the purchases was in Fort Myers.
Mr.
Stephens stated the only way he can get gas is put it in and pull it out. He cannot sign for it. It is not in his name. It has not been changed over. It needs to be done.
Mr.
Bissell opened the meeting to the audience for comment.
Ms.
Dillon asked did I hear correctly, that the only thing holding up the turn-on
of re-use irrigation system was the testing by Naples? Once this agreement is signed by Naples, is
this system good to go?
Mr.
Bissell responded we will do the tests and make sure that everything is okay
and we should be okay. Some signs have
to be posted. There are monitoring wells
to be installed.
Mr.
Cox stated we have sent the easement to recording so it should be in place and
recorded by now. It should be ready to
go.
Ms.
Dillon stated I thought we going to discuss the berm at this meeting that is
proposed for Port of the Islands.
Mr.
Cox stated we had discussed having the lady from Corps. come and talk to
us. I believe Mr. Gatti was going to do
that and since he could not be here, we put that off.
Ms.
Marchand asked can you clarify this situation of the Board members? When will the new members take office and who
on the existing Board will remain?
Mr.
Bissell responded Mr. Robinson, Mr. Burgeson and Mr. Wolsky will be leaving.
Mr.
DeCocq stated Mr. Wolsky has submitted his resignation, which will be on the
next agenda for acceptance.
Ms.
Dillon asked so Mr. Burgeson and Mr. Robinson's terms are up and your term
remains for another three years?
Mr. Bissell responded my term and Mr. Gatti's
terms are for another two years.
Ms. Dillon asked these folks have been elected for just
one year though?
Mr. Bissell responded four years.
Ms. Dillon asked will it be the same people and a certain
number of members expire?
Mr. Bissell responded the election will take place every
two years.
Ms. Dillon asked when does the new Board take effect?
Mr. Cox responded it is November or January. I will know by next month, but I believe it
is January.
Mr. Bissell stated before we accept Mr. Wolsky's
resignation we should appoint someone to fill his vacant. I believe Mr. Wolsky is in position number
3. Mr. Lambert ran for position number
3. It is my opinion that we appoint
Lambert for position number 3.
Ms. Dillon asked the schedule that has been
adopted for next year, that is assuming that it is going to be the third Friday
of each month except for the one in July?
Mr. DeCocq responded yes, they are October 15th,
November 19th, December 17th, January 21st, February 18th, March 18th, April
15th, May 20th, June 17th, July 22nd, August 19th and September 16th. It would seem that you are landing on the
third Friday.
Ms.
Dillon stated August 20th is the third Friday.
Mr.
McNally asked is there a way of extending mosquito control beyond what you can
reach from the road; to the vast areas of open grass and so on.
Mr.
Bissell stated I will defer to Mr. Stephens on that.
Mr. Stephens stated I do not know of anything
else. When they set this place up there
was an agreement that no aerial spraying would ever be done here. I spoke to Tallahassee and they said we could
probably do it, but it costs about as much as our whole annual budget just to
spray one time.
Mr. McNally asked does the County do any aerial
spraying?
Mr. Stephens responded they do, but they will not
come here. They say it is too far.
Mr. Bissell stated I believe Golden Gate Estates
had applied to the County for years and they finally took that in, but there is
a special tax for that.
SIXTH ORDER OF BUSINESS Approval of Check Register
Mr.
Bissell presented the check register to the Board for approval.
On MOTION by Mr. Bissell seconded by Mr. Robinson
with all in favor the check register was approved.
SEVENTH ORDER OF BUSINESS Adjournment
On MOTION by Mr. Robinson seconded by Mr.
Burgeson with all in favor the meeting was adjourned at 11:45 a.m.
Secretary Assistant Secretary Chairman /
Vice Chairman