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 Friday, August 16, 2002, at 10:00 a.m. at the Egret Room, 25000 Tamiami Trail, Naples, Florida.

            Present and constituting a quorum were:

            Richard Gatti                                                 Chairman

            John Robinson                                                           Supervisor

            Bernard Wolsky                                             Supervisor

            Ted Bissell                                                      Supervisor (via phone)

 

            Also present were:

 

            Darrin Mossing                                              District Manager

            Daniel Cox                                                      District Counsel

            Ronald Benson                                                           District Engineer

            Tim Stephens                                                 Field Manager

            Numerous residents

 

            The following are the actions taken at the August 16, 2002 meeting.  A copy of the tape recording of the meeting is on file at the District office.

 

FIRST ORDER OF BUSINESS                              Roll Call

            Mr. Gatti called the meeting to order.  Mr. Mossing called the roll and indicated a quorum was present.

 

SECOND ORDER OF BUSINESS                         Approval of the Minutes of the July 19, 2002 Meeting

 

ON MOTION by Mr. Wolsky, seconded by Mr. Robinson, with all in favor, the minutes of the July 19, 2002 meeting were approved.

 

            Mr. Gatti asked Mr. Benson, do you want to give us the highlights of your annual report?

            Mr. Benson responded yes, I will be glad to.  The overall systems are pretty much the same as they have been in the past years.  The water and wastewater treatment plants are maintained properly.

            The things we have talked about throughout the year relating to our expansion of our irrigation system, that has occurred with that pipeline.  The permitting for the wastewater treatment plant to be able to use that effluent for reuse water, I will give you an update on that later.   It really does not go with the annual report, necessarily.  The systems are in good condition.  They are being maintained.

            The road system we have talked about in past years - I will put this where everybody can see it.  We talked about this last year, as far as resurfacing the roads.

            (Whereupon, Mr. Bissell joined the meeting via telephone.)

            Mr. Benson stated as we have talked about in past years regarding resurfacing the roads, there was a decision for a number of reasons to put off that project.

            One was that there was a number of the roads that were still being disturbed with construction activities and it was the Board's direction to not move forward with those projects until those activities were done so when we do resurface the roads we are not cutting them and disturbing them with large trucks.

            What we talked about last year is pretty much the same as this diagram.  We broke the project into four phases.  The first phase would be the older roads first.  The second phase would be the roads on the east side, but to the south, which is the single-family Cays area.

            The reason for that is these are the areas that there is less activity, as far as construction.  There is still construction activity on the northern part of Newport and the Northern part of Cays Drive.  Those areas would then be combined into the third phase.

            Then there is a lot of undeveloped property on the north which has not been developed yet, so we have put that off until the latter phase because there would be anticipated construction activity back in that area at some point when the development occurs.

            That is the way we developed the phases.  Basically, it is the same as what we talked about last year.  Last year we had talked about that the cost of resurfacing the entire road system, considering the condition that it is in today, would be approximately $200,000 to $250,000 if you add the whole thing up at some point.

            We had talked about that normally we would do, in a community like this, a resurfacing where it is spread out over maybe a ten-year life.  Once you have the roads maintained, that every ten years you may be working on different parts of the road, but over a ten-year life you would be doing a resurfacing of the system.

            We had provided a cost of $18,000 to $24,000 a year if you were on a ten-year cycle once the roads were in sort of a steady state condition where there is not a lot of construction within the community.

            What we have done this year is we have made a cost estimate of each of these four phases.  That is in the annual report.  The first phase is approximately $75,000.  The second phase would be approximately the same amount.  The third phase would be about $55,000.  The fourth phase would be a little bit over $80,000.

            What I have done is, I have used a little bit higher cost per length of road as we went out into the future, because costs may be up with time.  That is just the way things have been with road resurfacing and the cost of asphalt.

            What we have also done is looked at the rate at which you are currently funding your road replacement account.  We are aware that some of that is budgetary and may not actually be money in the bank yet.  You had approved, a couple of years ago, I think, a $40,000 per year funding of a reserve account for roads.

            Mr. Mossing has told me there is approximately $68,000 set aside for that, although it is being sort of borrowed to use for other funds currently.  At some point, that will be replenished.

            If you take the funding rate of $40,000 a year plus the balance on paper of $68,000, maybe at the end of this coming year if you did the first phase, skip a year, do this phase, and kind of do it in that type of manner - every other year do a road project - you would then be able to, with that $40,000 a year level of funding - eventually get all these roads brought up to the resurfaced condition.

            At that point, we were talking in the past about $18,000 to $24,000 a year being our estimate of maintenance costs to keep them in that condition for perpetuity.  At that point you could probably consider dropping that $40,000 a year funding level to may be half, which is $20,000 a year, which I think is what it used to be.  Although I am aware your actual cash flow with collections of money is going to make the big difference in scheduling of these projects.

            That is one way of potentially funding and scheduling this work.  That is something you will need to think about.  That is one option I have put forward.

            Mr. Gatti asked from your perspective, Mr. Mossing, how are we in terms of money in the bank?  How close to that are we?

            Mr. Mossing responded we will be in good shape.  The only variable he was mentioning is the irrigation project, the short-term funding of that.  We have increased rates.  Hopefully, depending on how those funds flow through and our future collections.

            Mr. Gatti asked when do you see us doing this first phase?

            Mr. Benson responded I think it is going to be a cashflow-type issue.  Mr. Mossing and I talked that maybe the latter part of this current year.

            Mr. Gatti stated it would be good to do it while people are not here.

            Mr. Mossing stated that is why we are thinking about next summer.

            Mr. Gatti stated this time next summer would work.

            Mr. Benson stated that works out with traffic - with people being here - as well as hopefully funding being available in the bank a year from now.

            Like I said, the other aspects of your system are pretty much the same as in past years.  You will read that in the report.  There are not really any major things we need to bring to your attention.  We have been putting this road situation off for a number of years.

            Mr. Gatti stated I am going to take this a little bit out of order, just to give the people in the audience an opportunity.  This is our annual engineering report which I think is necessary because of the bond issue.  In addition to that, it keeps us posted on what is going on from a cost standpoint from year-to-year.

            Does anybody in the audience want to ask Mr. Benson any questions?

            Mr. Lambert asked once you redo a section of road, would you then ask a contractor if he was going to post some kind of bond to make sure there is no damage to the road?

            Mr. Gatti responded that would not be up to the engineer.  That would be up to us, "us" being the community.  Because those are our roads.  No matter how you look at it, the bottom line is that it is all part of what belongs to us.

            In the future, as things occur, especially in the new roadway system, we are going to ask people to jack and bore, rather than to just open cut them the way they have been doing it.  We are going to have to get a handle on that, because obviously it has got away from us in this first phase and we have a lot of cuts all over the place that really should not be there.  We will make sure that that happens.

            The Board will have to take some sort of action, but I am going to suggest that before anybody does anything on our roadway system, they get a permit from us.  They cannot do anything on our roadway system until they get a permit from us.  Then, in that permit, we will first require them to do it in a good workmanship-like manner.  Then, secondly, any problems that we have we will make sure that it is covered.

            Mr. Ingram stated I just noticed in the R.V. park I know they have pretty much all dirt roads, and in the back past the water treatment center is all mostly dirt roads.  Is that anywhere in the plans?  This would be back past Phase 4.

            Mr. Benson responded the only other CID-owned road would be the road back to the water plant.  That road is a lime rock road.  That is graded periodically by the CID.  Any of the roads that are back in the R.V. park are on private property and are maintained by that owner.

            Mr. Ingram asked therefore there is no plan to change the lime rock road the whole way back?

            Mr. Benson responded no.  The purpose of that road, as far as the CID, is for servicing the water and wastewater treatment plant.

            Mr. Gatti stated however, in the future, if the development back there calls for it, we will treat that just like any other road.  Right now it probably does not make a lot of sense to spend the money that we do not have, necessarily, to do something with that.  However, if there is development back there, of course that will change the picture and we would look at it differently.

            Ms. McCay stated I have two questions.  The first one, in consideration for doing Phase 1, any consideration to have curbing put on those roads as there are on the east side of the community?  In addition, any sidewalks?  I believe there is already a small portion of one sidewalk on the east side of Newport Drive, south of, I think, Morningstar.

            Mr. Gatti responded let me answer the question.  Believe me, I am not being a smart-alec.  I am answering the question as honestly as I possibly can.  We can have anything that we are willing to pay for.  If we want curb and gutter in our roadway system, we can have it.  All we have to do is develop a consensus of enough people who are willing to pay for it.  That is the only way to answer your question on both sidewalks, curb and gutter - anything that we want like that.

            The other issue that comes into mind, and it is kind of complicated, people on that side of the canal have already paid for the curb and gutter and the sidewalks and everything else.  Then the issue comes up, would they be willing to pay for it on this side.  It is a very, very complicated issue.  It is strictly a financial thing.  It is way beyond the scope of what we can answer here.

            You have to get enough people in the community who would be willing to pay for those things and we can have them.  That goes to anything - guarded gates - anything like that.  We are a small government here, just like the County, just like the City.  We have certain authority that we can do things like that.  However, the bottom line is we have to pay for it.

            Ms. McCay asked has there been any recognition of what the community might be favorable to or against?         

            Mr. Gatti responded people have asked for sidewalks.  When the issue of paying for it comes up, then the tone changes a little bit.

            Ms. McCay stated my only point was that it is quite nice having the curbing and not having the grass destroyed on Newport Drive, in particular.  It is quite an additive to the community as a whole.

            Mr. Gatti stated putting curb and gutter in is much more complicated than just going out there and putting some concrete down.  You have to establish a storm sewer system.  Because what the curb and gutter does is capture the storm water.  Then you have to put that storm water some place, then that has to go some place.  It is way beyond just putting in curb and gutter.

            Then you have to level the street to the new curb and gutter - to the new grades.  It is very, very complicated and very, very expensive.  I would guess that putting curb and gutter in this section here would be in excess of a half-a-million dollars.

            Mr. Marchand stated the north side entry road is in relatively good shape, and I can understand and appreciate why it is pushed out to the furthest.

            A request I know that has been made of me, because of all the walkers and the bicyclists in the community who bike over there a lot and stop at the office and ask me why the lines are not painted anymore identifying the safety areas for the cyclists and walkers.  I have to say I cannot do anything about it because it is a CID road.

            Is it not possible to perhaps put at least on the agenda the repainting of those safety things for the walkers and cyclists?

            Mr. Gatti responded I think that is a good point.  I think we have to look at the entire community and what we should do.  Mr. Benson, with the Board's concurrence, why do you not see what a striping contract would cost us to freshen everything?

            Mr. Benson asked the whole community?

            Mr. Gatti responded sure.  Depending on where we are going to do the resurfacing, we obviously want to do the painting after that.  However, we are talking about next summer, so a year from now.

            Ms. Marchand stated seeing that the north entry is going to be done so far in the future, you get good bang for your buck and do it that way.

            Mr. Gatti stated I think the whole community needs it.  With the Board's concurrence, we will go with Thermo so we have some permanency and see what it costs, and then we will go from there.  I have some names for you, Mr. Benson, if you need them.

            Mr. Benson stated we can talk after the meeting.

            Ms. McCay stated on Phase 3, at the entrance to Stella Maris Drive South, there is this substantial dip in the road which is a drainage-type dip, which I gather drainage crosses from Cays Drive into Stella Maris.  It is quite substantial.  I do not know that it really needs to be there at all.

            I gather from a number of people who do paving all the time and recognized codes that that thing really should not be there.  It is quite a dip if you drive across there all the time.

            Mr. Gatti stated Mr. Benson will take a look at it and we will take it into consideration.  If there is a problem there we can deal with it.

            Ms. McCay stated it could be taken out, I think.

            Mr. Gatti stated normally if it is a defined swale, it is usually because of drainage.  Mr. Benson will have to take a look at it.

            Mr. Benson asked it is right by the entrance to Stella Maris?

            Ms. McCay responded yes.

            Mr. Benson stated let me add one thing.  Mr. Stephens maintains the water/wastewater treatment plant and that system and has the license with the State, as far as these facilities, to operate them and operating reports.  For this year, just like in the past, the water quality and the effluent quality are better than what you have to meet as a minimum.  We have no issues there.  He is doing a good job.

            Mr. Gatti stated once we got those filters cleaned up everything levelled off pretty good.  That is all taken care of and it is all behind us.

            Mr. Benson stated it is in the report regarding those issues.  However, since it was not a problem, I did not mention it.

            Mr. Mossing stated we would like to have a motion to accept the report.

            Mr. Gatti stated let us do it at the next meeting.  Mr. Bissell will then get a chance to review the report and we can accept it at the next meeting.

 

FOURTH ORDER OF BUSINESS                                    Discussion of Public Health Security and Bioterrorism Response Act of 2001

            Mr. Gatti stated this has to do primarily with our water treatment plant and what steps should be taken and are being taken to protect the water supplies.

            Mr. Mossing stated we have provided this to the Board as information only at this point.  Reading it briefly, I do not believe that we would meet the thresholds of this legislation.  Nonetheless, we do have a water treatment plant that needs to continue to review the security that the District is taken - security measures.

            Mr. Wolsky stated the amount of people required to meet the threshold, as I understand it, is 3300.  We fall way below 3300.

            Mr. Mossing stated even though we will not meet that threshold, I think this Board still needs to see this.

            Mr. Gatti asked do you need any action from us?

            Mr. Mossing responded no, other than it did look like there may be some potential for some grant money out there at some point in time.  We looked at additional measures, whether it is maybe security cameras or what have you.  At this point, I think it is just to make sure that Mr. Stephens is looking at any steps or any recommendations that he might have to improve the security of the plant.

            Mr. Gatti stated this is kind of the politically correct thing to do sort of thing.

 

FIFTH ORDER OF BUSINESS                             Staff Reports

            A.        Attorney

            Mr. Cox stated I have a couple of things.  First off is the bond holder contacted me last week and asked that we begin the process foreclosing on some of the properties that we have direct-assessed and that have not paid.

            The monies for my fees will be paid out of the trust funds so that there is no impact on your budget.  However, we do need to move forward with that.

            The second thing that they asked is that any properties that have tax certificates that have been issued to begin the direct assessment of all of those properties in addition to the ones that we already are.

            Mr. Gatti stated I am trying to sort out in my mind.  Are there some pros and cons to this?  What are the ramifications?  We are just starting foreclosure on properties.

            Mr. Cox responded yes, the ramifications, good and bad - well, first, it is an obligation under the bond to do it.  If we did not do it after they have requested it, then they could sue us.

            The second benefit that I see, is my reading of the statute is that you can join tax certificate holders and extinguish their interest when you extinguish all of the other interests in the property.

            Mr. Gatti asked the bottom line is, your recommendation is that we go ahead with this?

            Mr. Cox responded yes.

            Mr. Wolsky asked do you need a motion to that effect?

            Mr. Cox responded please.

 

ON MOTION by Mr. Wolsky, seconded by Mr. Robinson, with all in favor, the District Attorney is authorized to proceed with foreclosure on unpaid direct-assessed properties.

 

            B.         Engineer

            Mr. Benson stated I have a couple of items to provide updates on.  One is the permit application with the Florida Department of Environmental Protection for our conversion to a effluent/reuse system.

            I met with DEP for approximately three hours shortly after our last meeting.  Some of the issues that they had started to bring up went away, which was good.  However, there are still a couple of items.

            In order to minimize the cost of this project, and I gave a little report on this last month, was that we were utilizing all of the existing volumes of tanks and things to have for storage so we would not have to buy and build new tanks at this point.

            In order to do that, one of the requirements is that one of the tanks have a volume equal to one day's rated capacity of the plant.  Our current rated capacity is 200,000 gallons per day in order to make this change and again, do it using things for multi-purposes where possible.

            We are probably going to have to limit ourselves to a capacity of 180,000 gallons per day because of the sizes of our tanks is only 180,000 gallons.  That is a minor thing as far as DEP is concerned.  We just have to make them aware of that, that we are willing to do that.

            Only, though, when we are in the mode of operation of providing effluent for reuse.  If we are going to provide effluent for disposal as we currently do, we would retain our current capacity.  That is a technicality.  I think they were reasonable in working with us on that.

            They asked us to update them on actual irrigation rates.  Mr. Mossing and Mr. Stephens provided me with that information and we will give that to DEP.

            Just as a matter of information, I think there was a question about this previously.  Why do we not just use the effluent from the wastewater plant for all of our irrigation needs?  I got the updated information from Mr. Stephens and Mr. Mossing.

            Our generation of reclaimed water is, let us say, approximately 60,000 gallons per day during a period of time when we would need closer to 200,000 gallons per day.  There is a big shortfall.

            We still need water from the canal, or else what we have proposed would be to take some of the raw water that comes from the wells that is normally used for water treatment that is excess right now, and use that for irrigation.  We have to show DEP where we are getting the water and that we are doing the right thing there.

            Mr. Gatti asked what kind of volumes are we projecting at buildout?

            Mr. Benson asked for all the systems?

            Mr. Gatti asked would we get close to these numbers?

            Mr. Benson responded the water treatment plant would be, I think, 450,000 gallons per day and the wastewater plant, potentially at buildout, could be more like 300,000 gallons per day.

            Mr. Gatti stated so we would meet these numbers then.

            Mr. Benson stated the irrigation, we would not expect to go up as big of an increase from where it is today.  Because we are irrigating a lot of this property already with the common areas and things.

            We would be getting closer.  We still would have some shortfall, and then we also need this canal system for fire protection where you need large volumes potentially for a fire for a short time.

            The key problem is the same problem we have talked about before.  That is, there was a new rule a couple of years ago that does not really necessarily make a lot of sense, and they have admitted that.  They are now working with us to get a variance and/or an exception.  I was just checking my messages just a minute ago, because I am waiting right now for a call back from DEP from the head of the local office.

            I have talked to the people there.  One of the folks in the office was calling this morning and the people that are handling this said there has been a lot of action in the last two weeks internally with the top people in their office and they think that they are probably going to give us this variance now, which they told us a month or two ago, maybe not.  I was hoping I would be able to tell you we have the approval today, but we are very close at this point.

            We have time, still, with our grant money.  It is not going to expire, so we are still okay with that regard.

            I do have, though - you may have heard about this, but if not - Collier County we were hoping was going to give us a pump station that they had surplused.  We knew all along that Everglades City was in the running for this.  Well, the County gave it to Everglades City.

            Mr. Wolsky asked even though they did not want it as they said?

            Mr. Benson responded Everglades City came back and said they wanted it.  It is a little bit more complicated then that, actually when we found out about why they chose to give it to Everglades City.

            Mr. Gatti asked but it is gone, though, is it not?

            Mr. Benson responded it is gone.

            Mr. Gatti stated that is the end of that discussion.

            Mr. Benson stated basically the County was receiver for part of a system out there, so they were kind of like trying to do something to help out Everglades City's system.  It is gone.

            I am working with trying to locate all the other surplus and spare equipment that I know of in Collier County, and there are some other pumps that we know of.

            Mr. Gatti stated we will talk to Jim Colletta next time and not let him get away.

            Let us get back to this permitting thing.  You have one jurisdictional agency that controls our funding and that we pay into that gives us $100,000 to put this thing in.  Then you have another agency telling us we cannot do it.

            Mr. Benson stated I had a discussion with the people at DEP about this.  What I told the folks at DEP in the meeting at the end was that there are a lot of people here at Port of the Islands, they are residents of the community, they want this system.  There is no health concern of why they are not issuing us the permit.

            I said, the people want this.  Usually people would call DEP and complain to try to stop something that they do not understand.  I told them, and I hesitate to say this, but I told them I am to a point of suggesting to people at Port of the Islands the names and phone numbers of who to call at DEP.  Also, that it would make a very interested news story to the Naples Daily News.

            Mr. Gatti stated the reason I brought it up is, let us get Clarence Tears involved.  Can we not?  How much has he given us?

            Mr. Benson responded $75,000.

            Mr. Gatti stated he has given us $75,000 to do it.  He is in charge of the water in this part of the country, and they are giving us $75,000 to do it.  We have another agency that comes out of our same tax dollars telling us we cannot do it.  That is ridiculous.

            Ms. Marchand asked what are they objecting to?

            Mr. Gatti responded to get into the detail of that is like going up there and trying to talk to these people.

            Mr. Benson stated I will tell you this, they actually have admitted this to me that they made a rule change basically to protect, in their opinion, some of the bureaucrats that work for DEP.

            What it is, as Mr. Gatti said, the Water Management District generally regulates water that is used for irrigation.  We have a permit from that agency for our irrigation source.

            DEP does not regulate that.  DEP regulates when we use effluent from wastewater plants for irrigation.  Our effluent, they have no argument with, is far better than the minimum standard for that.  They are not concerned about our effluent.  Our effluent is cleaner than the water that they have in the canal.        

            What they are saying is, is potentially if we put our effluent in the same pipe with the water from the canal which they have no control over, that if something was ever to happen, health-wise - just the fact that somebody's dog got sick from drinking the water or whatever - that they would blame it on the water coming from the wastewater plant, not the water coming from the canal.  Which, in reality, the water from the canal is worse than the water from the plant.

            Mr. Gatti asked what happens if we just hook up, Mr. Benson?

            Mr. Benson responded you would be in violation of your DEP permit.

            Mr. Gatti stated all right.  Follow through on it and do what you have to do.

            Mr. Benson stated they have no authority over the water from the canal.  However, if we are now putting the two together, they are saying we have some authority and we are going to make you treat the water in the canal to where it is as clean as the water coming out of your wastewater plant.  You cannot afford to do that.  That is a half-a-million dollar project.

            C.        Manager

            (There being none, the next agenda item was addressed.)

            D.        Field Manager

            Mr. Gatti stated tell us about mosquitos.

            Mr. Stephens stated well, we have been working on keeping them down.

            Mr. Gatti stated I think it has been good.  I think it goes through the cycles.

                        i.          Authorization to Sell 1994 Ford Ranger

            Mr. Stephens stated we have a little Ford Ranger that we have had for a couple of years.

            Mr. Gatti stated in today's world, the way things are going, just make sure you follow every absolute procedure that is required for disposing of public property.

 

ON MOTION by Mr. Wolsky, seconded by Mr. Robinson, with all in favor, the 1994 Ford Ranger is declared surplus and Staff is authorized to property dispose of the property.

 

                        ii.         Authorization to Re-bid the Landscape Maintenance Contract

            Mr. Stephens stated the contract has expired.  It was a one-year with another year renewal.  We have come to that point.

            Mr. Gatti stated I think Cypress does a great job.  Anybody got any problems with that?

 

ON MOTION by Mr. Wolsky, seconded by Mr. Robinson, with all in favor, Staff is authorized to re-bid the landscape maintenance contract.

 

            Mr. Gatti asked is there anything we should add or change the contract in any way?

            Mr. Stephens responded if you want to add or take something away, everything is fine.  We do not have any problems.  It is just that it expired.

            Mr. Bissell asked why do we need to re-bid it?

            Mr. Gatti responded it is a public contract and it had a one-year extension on it, which we took advantage of, and now that contract has expired.  We are sort of obligated to re-bid it.

            From our standpoint, of course, we can take the attitude, well, they are doing a good job, the price seems to be okay and everything else.  However, there may be somebody out there that wants to bid this contract and because we are a public entity, he has a right to do that.

            Mr. Bissell stated yes, I understand.  Thank you.

 

SIXTH ORDER OF BUSINESS                             Supervisor's Requests and Audience Comments

            Ms. McCay stated I am not sure whose domain this falls in.  It has to do with a water meter issue.

            Mr. Gatti stated here is what I am going to ask you to do.  This is a specific problem that concerns just you?

            Ms. McCay responded no.

            Mr. Gatti stated after the meeting, get together with Mr. Stephens.  We like to keep the discussion to what is of interest to the entire group.  Just get together with Mr. Stephens and he will solve it.  Anything else?

            Ms. McCay responded yes.  Just for edification regarding the reclaimed water, I just went through that type of thing where I worked - installing it in a residential area - got the grants, all the engineering, and had to put it in ourselves.  As it turned out in the end, the South Florida Water Management people were okay with it, but the EPA was not.

            The long and the short of it turned out these municipalities, and we had two municipalities, backflow preventers.  Because they were so frightened that that water - effluent water - was somehow going to get mixed up with either sources from the well water, from the ponds, and/or from the City.

            Mr. Gatti asked what is your question?

            Ms. McCay responded it was not a question, it was just a comment.

            Mr. Ingram stated you were mentioning the foreclosure of different properties.  Is it mentioned which properties those are that you are beginning foreclosure proceedings on?

            Mr. Cox responded they have not identified yet exactly which ones they wish us to move forward with.

            Mr. Gatti stated I do not know you, sir.

            Mr. Ingram stated my name is Tracey Ingram.  We are looking at possibly occupying the north building.  We are entertaining the notion right now, and doing due diligence on the area and becoming more acquainted with all of you.

            Mr. Gatti stated I think I speak for the Board, we want to work with any entity that wants to get involved in this area.  We are, in fact, a government agency, but we like to work with the people that have heavy investments here or are going to make heavy investments here.  If you have any questions or any problems, we would be glad to address them.

            Mr. Ingram stated what concerned me, I think, a little bit about the engineering plan for the road development, is if someone did go in and remodel or redo the north building and do some development in that area, there are some serious potholes and stuff like that that would be more serious problems if you decided to just to road resurfacing that would not really be planned for five/six years out.  That would be a big concern of mine if we were to go into that area.

            Mr. Benson stated if there are potholes to be repaired, that is a different issues.  Pothole repair would be part of the annual maintenance.

            Mr. Gatti stated the only reason that there are potholes, and I know exactly where you are talking about, is because nobody uses that part of the world right now.  There are no reasons for us to have potholes any place in the community.

            Mr. Mossing stated in conversation with that group, if they do decide to develop that and they are looking also at other properties, that would also, I believe, resolve a lot of our cashflow issues, which was a concern in making our time frame for resurfacing those roads.  Should that develop, I think that that whole schedule could be re-thought.

            Mr. Gatti stated that is another way of saying we would really like to work with you.

            Mr. Ingram stated it is a beautiful area out here.  The big section, Section 8, was already bought up by the County due to tax resale, and then that went up to Everglades National Park.  Are you guys aware or have you discussed the issues with them reflooding the strand?

            Mr. Gatti responded we are aware of it, yes.

            Mr. Ingram stated I have heard some stuff about it, but I was not sure.  I know the canal system around here should pretty much protect this area directly.  I know that is going to make a lot of water in the area around.

            We would really like to work with you, too.  I mean, we are looking at opening up and possibly doing a conference center or something.

            Mr. Gatti stated you can talk to any one of us.

            Ms. Marchand stated first of all, let me say how happy I am to hear that something could happen at that north hotel.  Because I think as far as the community is concerned, it is becoming a problem.

            Unfortunately, in relation not just to that, but primarily the problem with the North Port property going to the County, I do not know if you folks are aware of the amount of unacceptable people that are just coming in to the property and making use of it.  They have actually made a couple of little roads up on the North Port where they just park and drive and do whatever.  They go fishing.

            I think it is attracting a number of unsavory people to our community.

            Mr. Gatti asked are you talking right across the street?

            Ms. Marchand responded no, no.  We have had some problems.  The police are well aware of it.  I have come to the point that we are taking every license plate that comes in and out of the property, especially this time of year.

            Mr. Gatti stated it is a spinoff of this park development across the street.

            Ms. Marchand stated probably.  It could be.  Yes, it could be.

            Mr. Gatti stated they leave a mess there, too.  Every place they go, between beer cans and stuff.

            Ms. Marchand stated I think it is wonderful to hear that something may happen at the north hotel, because that is the answer.  This does not happen that much in season, because there is so much other activity.

            Mr. Gatti asked from a legal standpoint, who has jurisdiction over that property now?

            Mr. Cox responded the property owner is still North Port Development, Inc.  The process, when it goes for tax deed sale and no one bids on the property is, it stays on a list of lands available for taxes for two years.

            Ms. Marchand asked who is responsible for the property in the interim?

            Mr. Cox responded North Port Development, Inc.

            Ms. Marchand asked until the two years are up?

            Mr. Cox responded yes.

            Mr. Gatti stated it is literally a no-man's land, is what it is.  That is a good point.  It is going to get worse.  Let us chew on that.  I do not know if we can get the Sheriff's people involved, or not.  It is still private property.

            Ms. Marchand stated they are patrolling a lot more.  They are very good.  They are patrolling a lot more.  Like I said, they are more than willing.  I mean, I have their fax number and every day I fax them a new list of tags.  They are running them.

            Mr. Cox stated you might ought to give Tom a call and see if he will put some no trespassing signs up.  That would give the police officers a lot more authority to say something.

            Mr. Gatti asked do you know Tom Bernard?

            Mr. Stephens responded yes.  I will talk to him about that.

            Mr. Cox stated you might just want to let him know that if somebody gets out there and gets hurt, it might be an issue.

            Mr. Gatti stated my thought in getting things accomplished is to make it as easy as possible for the owner.  Why do you not ask Mr. Bernard for permission to put some signs up and then put some up?

            Mr. Stephens responded okay.

            Ms. Marchand asked does he need it written?

            Mr. Gatti responded no.  Because if somebody says we put the signs up, we will deny it anyway.

            Ms. Marchand stated just do not blame it on me.

            This is a long-range one, but it goes back in relation to the irrigation thing.  Is there any chance, long-term, that the actual pipeline which is running across my property with the effluent, that it could actually be done away with with the new systems?

            Mr. Benson responded that will always be a backup system for the foreseeable future.

            Mr. Cox stated I have one more thing.  You know we argued motions for summary judgment back about three weeks ago in the court proceedings.  I expect between now and the next meeting that we will have an Order from the Judge on those arguments.  I would like to schedule a off-the-record session, or closed session - we will still be on the record.

            As you recall, last time we had a court reporter come in and transcribe the session for us.  I just need authorization from you to advertise and conduct that closed session for purposes of discussing litigation strategy.

            Mr. Gatti stated just go through Mr. Mossing and when you are ready let us know.

            Mr. Wolsky stated in line with that, we will be travelling.  If there is any change, if there are any meetings called or any meetings cancelled, please put it in an E-mail.

            Mr. Cox stated we will just do it like we did the last time.  We will do it as the last agenda item for our regularly-scheduled meeting.

            Mr. Gatti stated let us kind of look at that, because unless you need some direction that is going to influence a case we will schedule that after our next regular meeting.

            Mr. Wolsky stated I would add, if anything comes up pertaining to the case or anything else that you feel the Board of Supervisors should know please put it in an E-mail and send it to us.  Because I am not going to be answering the telephone.

 

SEVENTH ORDER OF BUSINESS                                  Financial Statements and Approval of Check Register

 

ON MOTION by Mr. Bissell, seconded by Mr. Wolsky, with all in favor, the invoices were approved.


 

EIGHTH ORDER OF BUSINESS                                     Adjournment

 

ON MOTION by Mr. Wolsky, seconded by Mr. Robinson, with all in favor, the meeting was adjourned.

 

 

 

 

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