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, July 19, 2001 at 4:00 P.M. at the Egret Room, 25000 Tamiami Trail, Naples, Florida.

 

            Present and constituting a quorum were:

 

            Richard Gatti                                              Chairman

            Bernard Wolsky                                         Supervisor

            Richard Burgeson                                       Supervisor

 

            Also present were:

 

            Darrin Mossing                                           Severn Trent

            Dan Cox                                                    Young Van Assenderp

            Ron Benson                                                Hole, Montes

            Tim Stephens                                              District Staff

            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 Gross and Bissell.

 

SECOND ORDER OF BUSINESS                    Approval of Minutes of the June 21, 2001 Meeting

 

ON MOTION by Mr. Wolsky, seconded by Mr. Burgeson, with all in favor, the Board approved the minutes of the June 21, 2001 meeting as presented.

 

THIRD ORDER OF BUSINESS                       Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2002 (Resolution 2001-5 and Resolution 2001-6) and Levy of Non Ad Valorem Assessments (Resolution 2001-7)

 

ON MOTION by Mr. Burgeson, seconded by Mr. Wolsky, with all in favor, the Board moved to continue the public hearing on the adoption of the Fiscal Year 2002 budget to August 16, 2001.

 

 

FOURTH ORDER OF BUSINESS                    Staff Reports

 

A.        Attorney

Mr. Cox addressed a statement in the fiscal year 2000 audit regarding the District’s obligation to assume payment in the event of default by property owners. He went on to state that the bondholder cannot sue the Board or foreclose on any of the assets of the District. The bondholder’s remedies can include requesting that a judge direct the Board to perform all of the obligations of the bonds, which the Board is already doing. The bondholder can ask for an accounting of all of the funds that the District has received. That accounting is provided annually to the bondholder. They could also obtain an injunction to either act affirmatively or cease acting in a way that is contrary to the bonds.  That is not a concern since the District is performing in accordance with the bond documents. There is one provision that states that the bondholder can sue on the bonds. District Counsel interprets that to mean foreclosure of specific properties for non-payment of bond assessments. There is no exposure to property owners who are paying their assessments, only to property owners who are in default. Should a court action invalidate the assessment methodology, the court could order the District to recalculate the assessment methodology to determine whether the current allocation is proper. Such a situation would be highly unusual.

B.        Engineer

Dr. Benson stated that the proposed improvement that would connect the wastewater treatment plant to US 41 and allow the water that is produce by the plant to be used as irrigation is scheduled to be completed by the end of the current calendar year.

Dr. Benson distributed the Annual Engineer’s Report for the Board’s review. Acceptance of the report will take place at the August 16, 2001 meeting.

C.        Manager

There not being any, the next item followed,

D.        Field Manager

Mr. Stephens stated that the water softening, aeration and chlorination process at the water plant will be shut down for approximately 15 days in order to sandblast and paint the water tanks.

Mr. Mossing stated that the process will not effect the water quality.

 

FIFTH ORDER OF BUSINESS                         Supervisor's Requests and Audience Comments

 

A resident asked what changes could be expected in the water due to the lack of water softener.

Mr. Stephens responded that the water would be harder and recommended that water softeners be used in dishwashers and washing machines.

A resident stated that the water pressure had dropped significantly recently and that he was unable to contact District Staff.

Mr. Stephens responded that during the recent storm the plant telephone had lost power. Under normal circumstances District Staff can be reached at (941) 642-9219 and the answering machine message includes staff’s mobile telephone numbers in case of emergencies.

 

SIXTH ORDER OF BUSINESS                        Financial Statements and Approval of Check Registers

 

On MOTION by Mr. Burgeson, seconded by Mr. Gross, with all in favor the General Fund Check Register in the amount of $46,403.80 and the Water & Sewer Fund Check Register in the amount of $41,194.82 were approved.

 

SEVENTH ORDER OF BUSINESS                  Adjournment

 

On MOTION by Mr. Gross, seconded by Mr. Burgeson, with all in favor the July 19, 2001 meeting was adjourned.

 

 

 

 

                                                                                                                                               

Darrin S. Mossing                                                   Richard Gatti

Assistant Secretary                                                 Chairman