MINUTES OF MEETING

PORT OF THE ISLANDS

COMMUNITY IMPROVEMENT DISTRICT

 

            The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, February 15, 2001 at 4:00 P.M. at the Egret Room, 25000 Tamiami Trail, Naples, Florida.

 

            Present and constituting a quorum were:

 

            Ricghard Gatti                                            Chairman

            Bernard Wolsky                                         Supervisor

            Ted Bissell                                                  Supervisor

 

            Also present were:

 

            Darrin Mossing                                           Assistant Manager

            Dan Cox                                                    Young Van Assenderp

            Ron Benson                                                Hole Montes & Associates

            Tim Stephens                                              District Staff

            various residents

 

FIRST ORDER OF BUSINESS                         Roll Call

 

Mr. Gatti called the meeting to order and stated that all Supervisors were present at roll call with the exception of Supervisors Burgeson and Gross.

 

SECOND ORDER OF BUSINESS                    Approval of Minutes of the January 18, 2001 Meeting

 

Mr. Gatti stated enclosed in your agenda package is a copy of the minutes of the January 18, 2001 meeting. Are there any corrections, additions or deletions?

 

On MOTION by Mr. Wolsky, seconded by Mr. Bissell, with all in favor, the minutes of the January 18, 2001 meeting were approved as presented.

 

THIRD ORDER OF BUSINESS                       Consideration of Resolution 2001-3 Repealing the Previously Adopted Written Investment Policy

 

Mr. Mossing stated in September of 1995 Florida Legislature required local governments to adopt an investment policy due to Orange County, California filing bankruptcy from investing in derivatives. The policy that the District adopted in 1995 dealt with the investment of surplus operating funds as opposed to any funds related to the bond issue. In 2000 there were numerous changes to the investment policy made in the legislative session. Some of those changes were related to hiring investment professionals, continuing education and reporting requirements. They also offered alternative guidelines, which state that upon adoption the District was allowed four different types of investments. One type is with the State Board of Administration which is the state pool that the District currently uses. The other types of investments were certificates of deposit and U.S. backed securities. We feel that the alternative guideline policy better reflects the District’s position. This resolution repeals the previously adopted written investment policy.

Mr. Gatti stated we get funds in periodically so at times we do have surplus funds. Is that the surplus that we are talking about?

Mr. Mossing responded yes, it is.

Mr. Gatti asked would that be a 90-day investment?

Mr. Mossing responded no, it is an overnight investment that can be drawn on at any time. Their interest rate is a little over 6%.

Mr. Gatti stated 6% sounds pretty good.

Mr. Cox stated my suggestion is that we delete paragraphs a through d and paragraph three. That way, if the legislature amends the statute to add or delete the existing four we will not have to bring it back to the Board.

Mr. Mossing stated if anything were to change, our policy would automatically update to reflect those changes.

Mr. Gatti asked would deleting those paragraphs suggest that the surplus funds can be invested in anything we want?

Mr. Cox responded no, we would leave in the requirements for 218.415, F.S.

 

On MOTION by Mr. Wolsky, seconded by Mr. Bissell, with all in favor, the Resolution 2001-3 Repealing the Previously Adopted Written Investment Policy was adopted as amended.

 

FOURTH ORDER OF BUSINESS                    Staff Reports

 

A.        Attorney

Mr. Cox stated the provision in the statutes that allows the District to lease its property requires that the lease be for a purpose that furthers the purposes authorized by the District. If it does not specifically further the drainage infrastructure improvements it can not be authorized.

Mr. Gatti stated that suggests that we should not do it.

Mr. Cox stated not in my opinion. There is also the liability issue to consider. I believe that it would be very cumbersome.

 

On MOTION by Mr. Wolsky, seconded by Mr. Bissell, with all in favor, the request to lease District Equipment to Private individuals was denies.

 

B.        Engineer

Dr. Benson stated South Florida Water Management District is helping the District fund the connection of the effluent from the wastewater treatment plant into the irrigation system as another source of water. It is a fresh water source that is high quality. It is limited in quantity based on how much is produced by treating wastewater. We will use raw water from the well field and from the canal. That would be the District’s irrigation water supply. The fire water supply would be primarily from the canal since it is the biggest source. They have awarded the District $75,000 as long as we match it. We would have a total of $150,000 to spend on the project.

Mr. Gatti asked is this in process?

Dr. Benson responded it is in the permitting stage. We met with the Florida Department of Environmental Protection and are working out a technical detail.

Mr. Gatti stated there are certain areas of the community where salt water goes into the canal at high tide. The result is that we are getting salt water into the irrigation system. Will what we are doing mitigation that?

Dr. Benson responded I believe so.. We will have approximately 150,000 gallons per day. If that is not sufficient, the canal pump station will come on.

Mr. Wolsky asked will Mr. Stephens see that the tank is filled?

Dr. Benson responded yes, he will come up with a schedule as to what time to open the valve. The tank will be filled when he leaves each day.

Mr. Bissell asked when do you think this will reach completion?

Dr. Benson responded I would hope that by next season. It is a one-year grant. Collier County has a used irrigation pump station that is going to be surplused shortly. There is a chance that the District could acquire it.

Mr. Bissell asked what is the status of the fire station?

Dr. Benson responded we have made some contacts. The type of facilities we have inquired about cost about $1,000,000.

Mr. Gatti asked is that including the land?

Dr. Benson responded no, that is the construction cost. We will have a better report for you at a later date.

C.        Manager

There not being any, the next item followed,

D.        Field Manager

There not being any, the next item followed,

 

FIFTH ORDER OF BUSINESS                         Supervisor's Requests and Audience Comments

 

Mr. Bissell asked who pays for the road repairs when the streets are dug up?

Mr. Gatti responded the individuals who are constructing.

Mr. Bissell stated we have spent approximately $7,000 in the past year for repairs and maintenance of the streets.

Mr. Stephens stated last year we had a contract with Griffith Paving for various repairs.

Mr. Bissell asked did they give you a price per square foot?

Mr. Stephens responded they gave us a price per location. The locations were determined by the Engineer’s Report.

Mr. Gatti stated $7,000 may sound like a lot of money but it requires a tremendous amount of mobilization. You also have to take into the consideration that they are coming way out here.

Dr. Benson stated another point is that there were a few years in which no repairs were made because the roads were in good condition.

Mr. Gatti stated until the majority of the construction is done I think we should hold off on the street repairs.

An audience member stated there have been several communications from the Sunrise Cay Board of Directors regarding the roads. To date I do not believe there has been a response from this Board.

Mr. Gatti stated we have talked about this a number of times. We need to prioritize the funds that we have and see what areas are the worst. We will have to have Dr. Benson make a judgement on that.

An audience member stated a few meetings ago I asked about a noise ordinance.

Mr. Cox stated I looked into a noise ordinance and found nothing regarding Sundays. If you have noise that is exceeding the allowable decibel levels that are in the statutes, you can contact the County Code Enforcement.

The audience member stated I spoke to Ms. Beck with Code Enforcement. According to Section 1.5.5 of the Land Development Code, which regulates construction activities, no work may occur before 6:30 a.m. and after 7:00 p.m. daily. It further states that no work may occur on Sundays and holidays including New Year’s, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. She explained that this was not negotiable unless it is an emergency situation like a water main break.

Mr. Gatti stated she should have also told you that the county enforces that, not the District.

The audience member stated I am sure that is true, however, I assume that you are in touch with the developers. It seems that it is their responsibility.

Mr. Gatti stated the route that you should pursue is to contact the County.

The audience member stated I have noticed that on a daily basis there is watering going on in the common areas. We are on a two-day-on, two-day-off restriction. Can you explain the discrepancy?

Mr. Gatti asked at what times does our irrigation system run?

Mr. Stephens responded from 4:00 a.m. through 8:00 a.m.

Mr. Gatti stated we should look into that and make sure we are not in violation of the restriction.

Ms. Marchand asked are you aware that there was an extensive spraying of the canal on the north side?

Mr. Gatti asked do you know who did the spraying?

Ms. Marchand responded I think it was the state.

Dr. Benson stated it could have been the Big Cypress Basin, you can check with them.

Ms. Marchand asked is the water from the wells treated?

Dr. Benson responded no, it is not.

Ms. Marchand asked are there existing lines that are not connected to the system?

Dr. Benson responded there are water and sewer lines that are private and do not belong to the District. They do however have the right to connect to our system.

Ms. Marchand asked how do I go about getting the Gun Club connected?

Mr. Gatti responded write us a letter asking for permission.

Dr. Benson stated you would be responsible for running the line to an existing manhole. There are manholes in the RV Park, that may be the closest point for you to connect. It would be your responsibility to hire an engineering company and contractor to install that. Once that work is done you would have to get a permit from the Florida Department of Environmental Protection. At that point the District would agree to provide you with service. I would review the plans and make sure they were up to standards.

An audience member asked was there any attempt prior to the development of the units on the West Side of the road to assess the developer for road repairs?

Mr. Gatti responded yes, I suggested an impact fee to the previous Board members and was voted down each time. That option is still open to us but it would not be fair to the developers of the little land that remains to be developed. They are going to be the ones paying the price for previous developers. It should have been handled early on.

 

SIXTH ORDER OF BUSINESS                        Financial Statements and Approval of Check Registers

 

On MOTION by Mr. Bissell, seconded by Mr. Wolsky, with all in favor the General Fund Check Register in the amount of $12,340.77 and the Water & Sewer Fund Check Register in the amount of $20,601.96 were approved.

 

SEVENTH ORDER OF BUSINESS                  Adjournment

 

On MOTION by Mr. Wolsky, seconded Mr. Bissell, with all in favor, the February 15, 2001 meeting was adjourned.

 

 

 

 

                                                                                                                                               

Darrin S. Mossing                                                   Richard Gatti

Assistant Secretary                                                 Chairman