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, January 17, 2003 at 10:00 A.M. at the Egret Room, 25000, Naples, Florida.

 

            Present and constituting a quorum were:

 

            Richard Gatti                                                 Chairman

            Bernard E. Wolsky                                         Vice Chairman

            John Robinson                                               Supervisor

            Richard Burgeson                                          Assistant Secretary

            Ted Bissell                                                      Assistant Secretary

 

            Also present were:

 

            Darrin Mossing                                              District Manager

            Dan Cox                                                         Attorney

            Ron Benson, Jr.                                              Engineer

            Tim Stephens                                                 Field Manager

            Craig Wrathell                                               Severn Trent

            Marlene Marchand                                        Resident

            Several Residents

           

 

FIRST ORDER OF BUSINESS                              Roll Call

 

Mr. Gatti called the meeting to order and Mr. Mossing called the roll.

 

SECOND ORDER OF BUSINESS                         Approval of the Minutes of the November 15, 2002 Meeting

            Mr. Gatti stated that each member of the Board had received a copy of the minutes of the November 15, 2002 meeting and requested any additions, corrections or deletions.

            There not being any,

 

On MOTION by Mr. Wolsky seconded by Mr. Bissell with all in favor the minutes of the November 15, 2002 meeting were approved as presented.

 

THIRD ORDER OF BUSINESS                            Continuation of Marlene Marchand’s Request Relating to Payment of Two Water and Sewer Utility Accounts

            Mr. Gatti stated this item should read for sewer utility account, as she is not asking anything regarding the water.  We have forgiven some of the sewer problems in the past. 

            The normal bill in that area is about $700 a month.  It went up about $2,500 a month.  She paid her water bill and is now asking for a break on the sewer bill because there was a water main problem. 

            Mr. Wolsky stated I believe Mr. Cox was going to research whether this is within the purview of the CID to forgive bills like this or not.

            Mr. Cox stated you have the discretion to do that, based on competent, substantial evidence.

            Mr. Wolsky stated we have been told that it is not within our capability to forgive water bills that go through the meter.

            Mr. Cox stated regarding the metered water bills, they show that water was delivered to the property.  That does not imply or prove the water went through the sewer.

            Mr. Wolsky stated in the past, we gave Ms. Marchand forgiveness of the water bill as it was deemed negligent on the part of the CID, that we did not send the bill to the correct address.  She had a leak in one of her lines, and the water bill was accumulating higher and higher.  If she had received a previous notice at her correct address that the bill was so high, she would have addressed the problem.  The Board accepted the fact that our District managers did not send the bill to the proper address, and that we were negligent in that instance.  We made a deal with Ms. Marchand to forgive half of the debt.  I now make the argument, that by not having proper staff, Ms. Marchland was negligent on her side and should accept responsibility of this part of the bill.  If we forgive the bill for Ms. Marchand, the rest of us have to pick up the balance.  I am against forgiving the bill, but it is up to the Board.

            I suggest we resolve this issue, however the Board wishes to do it and then adopt a policy today on this issue.

            Mr. Cox stated that type of policy would affect the substantial rights of the members of the jurisdiction of the Board of Supervisors and would have to be adopted under the rule making provisions of Chapter 120 of the Florida Status.  That requires certain notice publication and promulgation of the rule, opportunity for public comment on the rule, and then adoption by the Board.  Under Chapter 120, when the Board makes decisions that affect a substantial interest of their constituency, you can do that two ways.  One way is through the rule making process.  Also, based on competent, substantial evidence, if the situation warrants your discretionary exercise of that power to do so by adopting a rule, staff can administer issues like this. 

            Mr. Gatti stated that this is more complicated then I had presumed.  I want to take this out of our hands.  It should be something that staff can use as a guideline when encountering this situation.

            Mr. Wolsky stated if you forgive water that does not pass through the sewer system, you must take into consideration that a number of people in this community have swimming pools.  Water, by evaporation does not go through the sewer system.  There must be built into this a provision that swimming pool owners get a certain discount.

            Mr. Cox stated routine evaporation does not amount to more than a couple thousand gallons a month, which is only around $5.

            Mr. Mossing stated the rates are set.  The sewer charge is only 80% of the water, so it is not gallon for gallon as the rate structure is set up for.  You can have some comfort that the rate structure takes into account that certain waters will not come back through. 

            Mr. Cox stated you could build into your rule, a procedure whereby if someone needs to refill their pool, a mechanism for reading the meter before and after they refill and then deducting that out of the sewer portion of the bill.  That is why it is open to public comment, so you have the opportunity to consider every potentiality that rule might apply to and address it at that time.

            Mr. Gatti asked is it difficult to develop a rule after we make a decision?

            Mr. Cox responded no, but the timing of it is that we have to develop a rule and publish the intention of adopting this rule.

            Mr. Gatti stated I would like us to resolve this matter today and then adopt a rule for future use.

 

On VOICE Vote with Mr. Bissell, Mr. Robinson, Mr. Gatti and Mr. Burgeson voting aye and Mr. Wolsky voting nay Ms. Marcharnd's request to be forgiven the sewer utility account with the stipulation that she is responsible for a normal amount of usage for the specified time frame was approved

 

            Mr. Mossing stated I have created a 12-month history of Ms. Marchand’s average water flow for purposes of calculating this sewer charge and recalculated the bill.  If it is the Board’s pleasure to offer the credit, I have a calculation that conforms to your motion.

            Mr. Gatti asked how far off was the bill?

            Mr. Mossing responded I calculate almost $1,200.  That is charged her under account #008701 for 417,000 gallons of water.  What she agreed she would pay for the water was $971.  For the sewer I took the last twelve months, divided it by twelve and came up with an average of 51,400 gallons a month.  That is average use over the last twelve months.  I also applied the sewer charge of $196.

            Mr. Gatti asked how much are we forgiving on that account?

            Mr. Mossing responded approximately $1,400. 

 

On VOICE VOTE with four voting aye and one voting nay the prior motion was approved.

 

            Mr. Gatti asked is it the Board’s intention to discontinue the forgiving of these bills?

            Mr. Burgeson responded common sense states we had a water break, she is paying the bill, and it is not going to the sewer.  If the same thing happens and you can prove there is a water break, we would do the same thing we did here and forgive the sewer portion of it.

            Mr. Robinson stated we must take in to consideration that people who live here will have to pay for that.

            Mr. Bissell stated when the workers go out to read the meters, if they notice a discrepancy like that, they should notify the hotel. 

            Mr. Stephens stated we say something if we catch something. 

            Ms. Marchand stated it was the summertime, so we cannot tell where there was standing water.  They were in two areas where you can have quite a bit of standing water.

            Mr. Robinson stated this happened to the hotel and nothing was forgiven on it.  We had a water break and because it was the rainy season, we were not notified until they found the leak.  They did not know where the leak was.

            Mr. Gatti asked is the Board of the opinion that we should make an individual judgment in each situation.

            Mr. Wolsky stated I think there should be part of this rule we are making that takes into account whether the person who has the leak was negligent or not.  Ms. Marchand said she did not have sufficient staff to catch this. 

Mr. Gatti stated what we are saying is not to make a rule, but an individual judgment on each case. 

            Mr. Mossing stated any future special consideration sewer credits come to the Board for consideration on a case-by-case basis.  Do you approve of that?

            Mr. Gatti responded yes.

            Mr. Mossing stated the only problem with making a rule is that it ties your hands.  You have to spell out in the rule any special circumstances in black and white. 

            Mr. Burgeson asked what is the difference whether I run my pool constantly or if there were a break.  One is under human control and one is a breakage.

            Mr. Robinson stated that is like the hotel case, where the water broke and ran out underneath the pier.

            Mr. Gatti stated from this point on, staff is directed to bring these issues to our attention.

            Mr. Robinson stated we have been forgiving.  When someone fills a new pool, we have not been charging any sewer for that.  If they call us up, we go read the meter, and then we forgive that.  Do you want us to continue that? 

            Mr. Wolsky stated in most cases, you should consider that and continue to grant a reduction because that water does not go through the sewer.

            Mr. Gatti stated that is a reasonable exception.  We will proceed on that basis.

 

FOURTH ORDER OF BUSINESS                        Staff Reports

            A.        Attorney

            Mr. Gatti asked will you give us an overview of our status?

            Mr. Cox responded we held the evidentiary hearing this week.  Everyone was well prepared and presented their cases well.  We will have 20 days from the date the transcript is filed to present to the judge our recommendations for findings of fact and conclusions of law and to file our memorandum in support of our recommended facts and conclusions.  The judge will then take that under advisement and issue a ruling within a month or so.  We are three to four months from having the judge’s decision in hand.

Mr. Bissell asked why did we get the depositions from one side of the case, but not the other?

Mr. Wolsky asked did we get notice that these people were going to be deposed? 

Mr. Bissell responded they questioned Mr. Bernard and the experts.

            Mr. Cox stated the plaintiffs filed a Motion for Summary Judgment that had a lot of quotations from the depositions contained in the motion.  The judge ruled on the motion before our answer was due, so we did not file one.  The judge set this for trial and we are not going in for Summary Judgment.

            Mr. Gatti asked are you telling us we will not know anything for three or four months? 

            Mr. Cox responded that is it.

 

            B.         Engineer

            Mr. Benson stated the drainage issues have been dealt with, specifically the one by the marina and the one by the North Hotel.  There were some other questions by the Board as to whether the CID should take over the responsibility of the Stella Maris drainage system.  I was asked whether there were any reasons that the CID would not want to do this.  By taking on the responsibility, you would then take on the maintenance from now on, which is the currently the responsibility of the HOA.  There is a potential, additional maintenance cost.  It is your decision as to whether you want to have the entire drainage system.  It makes sense in some regard because they are connected in some areas. 

            When the main road for the Cays was constructed and the single-family area was developed, the drainage was put in for that road and for the single-family area.  The CID has maintained that.  These documents have to go to Collier County for approval and it must spell out the plan.  It was indicated on the master drainage plan at that time that the other areas, Stella Maris and the Commercial Area by Route 41 would be done later by the developer. 

            It also indicated that the areas to be developed would drain through their own drainage system and discharge to the Falcon Union Canal, whereas the road drains to the lakes and the single-family area drains to the canal.  Anything west of the road goes through the canal through water management structures.  Anything to the east of the road goes to the ponds.  The areas were developed.  When the County approved the plat and other documents they asked who was going to be responsible at the time it is platted, saying the homeowner’s were responsible.  It is your decision, which way you go.  As far as potential areas that need attention, like any system, you may have to ditch out the swales as they gradually erode in.  This maintenance keeps them operating as originally constructed.  One area has been discussed over the years and that relates more to the CID’s road to any one development.  At the Stella Maris entrance, on the south side of that road, there is a catch basin and a pipe across the Cays Drive that goes to the pond.  On the southeast corner there is a gutter and it continues along the road to the catch basin along the side of the road.  For the other roads in the Cays, the water goes to the catch basin and then it is transported across the road and through a pipe into the pond.

            One area that would be an improvement to the CID’s drainage system would be to put a catch basin on the northwest corner of the road leading to Stella Maris.  This will improve the drainage along the road and the potential of impacting Stella Maris.  It has been requested through some of the people who live at Stella Maris.  Mr. Bissell and I talked about it.  It is reasonable to me, from looking at the plans of the original construction of the road, that this would be a reasonable improvement to your system. 

            Mr. Gatti stated you mentioned our taking over the maintenance of the swale system. 

            Mr. Benson stated that is a separate issue.

            Mr. Gatti asked do you have to have easements for all of this?

            Mr. Benson responded yes, you would need a transfer of an easement from the HOA to the CID.

            Mr. Cox stated you would do an assignment of dedications from the HOA to the CID. 

            Mr. Gatti stated the swale-involved runs along the entire sea wall.  It then goes out to the water at certain points.

            Mr. Cox stated first you have the pond at the entrance of Stella Maris, then the swale going all the way around.  Then there are individual pipes in various places along the sea wall. 

            Mr. Benson stated I am not sure those are connected.

            Mr. Gatti stated I am trying to get a picture of what we are taking on.  I will present my opinion to the Board and they can decide from there.  In a community, the roadways and the storm systems are typically a municipal function.  It is difficult to say that when we get storm water runoff from our roadway system that goes across someone’s property, that it is the property owner’s problem.  The CID has the facilities and knowledge.  If you have a storm water problem, what do you do?  The other perspective is the question of easements.  We will need accessibility of some predetermined kind and proceed on that basis.

            The main concern is when we take on the swale system are we taking on the maintenance of the sea walls.  That is a major problem.

            Mr. Wolsky stated in line with that, are there any other properties for which the CID is not responsible for the drainage as in this case.  Why are we not responsible for this in the first place?  Was there some reason we declined to take responsibility or was responsibility just not offered to us?

            Mr. Benson responded one, the drainage from the CID road goes to the swales at the back of these houses.  You have current responsibility for other swales behind the finger streets in the Cays. 

            Mr. Burgeson asked is the CID responsible to maintain those swales behind all the single-family homes?

            Mr. Gatti responded we have repaired three blowouts through there because the swale system did not work.

            Mr. Burgeson stated it was my understanding that was given to the homeowner when they bought the lot. 

            Mr. Gatti asked if we are responsible as homeowner’s, why are they not responsible for the blowouts through the sea wall?

            Mr. Cox responded the plat of Phase II dedicated the easements for drainage purposes to both Collier County and the CID.  If you have an easement, the owner of the underlying property is not responsible for maintaining that easement.  The CID would therefore, be responsible for maintaining that for drainage purposes.

            Mr. Wolsky stated just to make things fair, if we are going to be responsible for the sea wall in taking this over that is a major problem. 

            Mr. Burgeson stated the HOA purchased the sea wall and in their budget they have reserve funds to take care of the sea wall.

            Mr. Cox stated you will have a lawsuit the first time they think the drainage caused the failure.  In order for you to take responsibility, first you have to have an assignment of the responsibility and rights from the HOA to the CID.  That assignment can be accompanied by an indemnification in favor of the District from the HOA.  They set up an L.O.C.

            Mr. Burgeson stated they did, but now it is merged.

            Mr. Cox stated we get satisfaction if we are getting the indemnification from the appropriate parties.  That will not prevent an individual homeowner from suing you, but in that event we could then turn the lawsuit over to the HOA as their business.

            Mr. Robinson asked are there any other parcels of land that are not?

            Mr. Cox responded I have reviewed all the plats, but cannot tell you which areas the CID is responsible for without looking at my records.  You also have Parcel 5 that is condominiums and I would have to review those documents to see how it is addressed.  We have not been given any easements to do that in that area.  When you have a Condominium Association taking care of it over here, the HOA takes care of this over there, and the CID here and there, not only do you question who is responsible for what, but inconsistency of maintenance.  You might have some who let theirs go and you have no right to enforce them.

            Mr. Wolsky stated this is one of the primary reasons for a place like Outdoor Resorts of America.  The federal government would not give approval to build that resort there unless the developer took responsibility for the maintenance of the sea walls.  Individual owners will not want to worry about the sea wall.

            Mr. Cox stated maintenance is included in the condominium documents, so they can be enforced. 

            Mr. Robinson asked is there a master association over the whole development?

            Mr. Cox responded I think it is defunct.  The last time I checked there were no annual renewals with the Secretary of State.  If anyone was interested in reactivating that, it is very simple.

            Mr. Robinson stated it has grown so much that everyone should consider activating that master association that takes care of the community.

            Mr. Burgeson asked who is responsible for the swales and the other fingers?

            Mr. Gatti responded it varies.

            Mr. Benson stated in the streets that have the fingers, those are CID drainage facilities.  The roads that have the swales along the side are interconnected into the drainage system through most of the community.  In areas like Sunset Cay, the drainage from the CID roads did not go through their system.  That may be one distinction to make.  Where the CID’s road drains into the swale in Stella Maris and the Cays and the back of those streets drain into the swales at the back of those lots.

            Mr. Burgeson asked if there were a blowout in one of the other fingers, would it be the CID’s responsibility or the homeowner?

            Mr. Wolsky responded if we are going to take over the sea wall and Stella Maris and be responsible for blowouts or problems there, I want to be part of that system too and not responsible for the lots on my swale. 

            Mr. Gatti stated if we take over the maintenance of the sea wall, we will be buying into a huge problem.

            Mr. Burgeson stated I do not think you would be taking over the maintenance of the sea wall.

            Mr. Gatti stated in Stella Maris we took out the swale and put in a pipe so you have a direct effluent flow right on the sea wall that is eroding behind the sea wall.  Now we have a sea wall problem.  That water comes off of our roadway and creates a major sea wall problem that will get much worse if someone does not address it.  How do we take over the storm water and not take over the responsibility of the sea wall?  In Stella Maris, the storm water is not a problem; it is what it is doing to the sea wall.  If we say we are going to take over the storm sewer I do not see how we can escape buying the sea wall problem.

            Mr. Benson stated in the older section, all the drainage is in the front of the house and we can get to it.  Over here it is in the back and you cannot get to it to work on it.

            Mr. Gatti stated if we did this, we would have to have easements throughout the entire community to allow access.  That gets pretty involved.

            Mr. Burgeson stated in the Stella Maris complex there are easements in the master homeowner’s document.  The contractor had it before it was turned over to the homeowners.

            Mr. Mossing stated some Districts have assessments for reserves that go to specific properties and benefit only those properties.  If you end up taking over the drainage and assume the responsibilities of the sea wall, perhaps that could be part of the arrangement.  That could be evaluated by an engineer and reserves are set to fund future replacements, evaluate the damages and a special assessment is set as part of the annual budget on those property owners, relating to the sea wall.

            Mr. Cox stated some of that was installed by our bond proceeds that were apportioned only to the abutting properties.

            Mr. Gatti stated we are not going to resolve this problem today.  Do we have a specific issue we must address over there?

            Mr. Benson responded the drainage along the valley gutter along Kings Drive.  At each point where there is a road off of Cays Drive, the drainage on either side of that road goes to a catch basin.  That goes to the lower ponds in the retention areas.  At Stella Maris there is a catch basin only on one side.  One way to address this would be to put a catch basin on the northwest corner and pipe it through. 

            Mr. Gatti asked can we do something like that? 

            Mr. Stephens responded no.

            Mr. Gatti asked can you get someone to do that?

            Mr. Stephens responded yes.  Where do you want that to be piped?

            Mr. Benson responded it would have to go across Stella Maris.

            Mr. Gatti stated Mr. Benson will draw something up with the Board’s approval.  This is definitely a CID problem, is it not?

            Mr. Benson responded it is your valley gutter.

            Mr. Burgeson stated when that road was engineered and those gutters were put in, that was to drain the roads.  When construction commenced, we had the walks, the driveways and halfway down your building, the water comes forward to the street.  That goes down the gutter, the water builds up, comes around the corner and is filling up that pond.  It is going into the drainage behind the Villas.

            Mr. Gatti stated first, we must determine whether there is a problem.  Would you make a recommendation?

            Mr. Benson responded I will make a recommendation along with costs.

Mr. Gatti asked is there something else we should address? 

            Mr. Bissell responded no, the problem is solved.

            Mr. Cox asked do we have any direction on the back drainage issue?

            Mr. Gatti responded no.  I do not have storm water problems where we live, but our sea wall is a constant problem.  I have spent $10,000 on my sea wall in 13 years and I do not have a storm water problem.  This is a serious activity and if we take that on we are buy a big problem.

            Mr. Burgeson stated the HOA has a reserve fund for the sea wall and I do not believe that the residents of Stella Maris will have any problems with a reserve fund put on by the CID.  Instead of paying it to the homeowners, we would be paying it to them. 

            Mr. Gatti stated that deals with Stella Maris, but we are looking at all of the sea walls and setting a precedent for what we do throughout the community.

            Mr. Cox stated we should first get a grasp on exactly where the responsibilities are.

            Mr. Gatti stated that is a good place to start.  The storm water is a natural function for a municipality, but as it ties into the sea wall, I am seriously concerned.

            Mr. Burgeson stated when they purchased the sea wall, they put posts all along it and people had docks.  There were additional posts put in and the docks are tied to those posts.  All of that is holding the sea wall in.  When you get to the other part, there is nothing holding that wall.  I want you to be aware of these issues. 

            Mr. Benson stated I do not suggest that the CID take on the sea wall. 

            Mr. Gatti stated I understand, but you must see our position.

            Mr. Benson stated we have gone over a lot of documents to determine the ownership and easements throughout the District.  The drainage system is almost fully sorted out.  We have had to make some assumptions, but if the CID built something and has an easement on it, they probably have to maintain it.  We will return after meeting with a map clearly delineating what it is and what is the status of each area.  If there are any questionable areas, we will mark those as such.

            Mr. Gatti asked what are the implications of taking this over?

            Mr. Mossing asked do you have any update on the grants and the irrigation system?

            Mr. Benson responded I have not heard anything from the Big Cypress Basin, but I will call them to ask about the status of their review.  As far as the permitting with the DEP, we are in the middle of two activities.  One is the approval of a minor modification.  We started this process a long time ago.  We are also now into a renewal of your permit which happens once every five years.  I have a request for a check, which I need as soon as possible.

            That is the renewal parcel.  I have tried to clarify this with the DEP and we would like the minor modification as soon as possible even though we are in the middle of this renewal process.  I have documents that need signing relating to the renewal.  We received that other extension from the Water Management District on the first grant so we have until the end of June.  Hopefully we will get this other grant before then.  The key is to acquire all the equipment and install everything within the funds available and that will be a challenge. 

 

            C.        Manager – discussion of District Website

            Mr. Mossing stated at our last meeting, I was working with Mr. Wolsky regarding establishing the District website.  We have established a basic website on which we are downloading the minutes from the meetings of the past year.  I researched the potential of expanding that website.  One of the things we can provide on that website are access to people’s utility billing accounts, access to their assessments on their units and all of the public records other than the minutes.  There are numerous options, whereby we could add and expand the website.  Right now the website is piggybacking off our Coral Springs Improvement District and North Springs Improvement District.  I was wondering whether the Board had a desire to expand.

            Mr. Wolsky stated before you make this decision, there are a number of issues.  First we need a cost estimate for the addition of each of these expansions.  Secondly, it is my experience that a lot of people say they want a website, but very few people use it.  In order to make it cost-effective and see if it is feasible, is there some way you could put a counter on there of how many hits we have on the Port of the Islands?

            Mr. Mossing responded I am sure we can do something like that.

            Mr. Wolsky stated this way every time anyone accesses the site they are registered. 

            Mr. Mossing stated for your own website it would cost approximately $4,500 to set up.  To maintain it, with all the links and responses that go to the Board members, there is significant maintenance and management relating to the website.  It is a $4,500 setup fee and is around $150 to $250 a month to maintain it as a stand-alone.  To put only the minutes on the existing site, there is no maintenance fee. 

            Mr. Wolsky stated it seems that just making the minutes available is the most that we would want because of the cost.  I have offered my CD with all the minutes, if people are interested and nobody is interested.  We must be realistic.

            Mr. Mossing stated if the Board is content with what we currently have in place, I will come back to this issue.  There have been no charges to date, except a possible setup fee.  There will be no ongoing maintenance to put out the monthly minutes.  In June I will be moving to Tennessee and I want to take this opportunity to introduce Mr. Wrathell who has been with Severn Trent with five years and has spent the better part of that as a manager for the City of Marathon.  He will be assuming my management responsibilities.

 

            D.        Field Manager

            Mr. Gatti asked are people bringing any irrigation breaks to your attention?  Do we fix them?

            Mr. Stephens responded it depends on the situation.  If it is a main line, we do it.  If it is after the meter, Big Cypress fixes it. 

 

FIFTH ORDER OF BUSINESS                             Supervisor's Requests and Audience Comments

            Mr. Wolsky stated I was notified about the last meeting being cancelled by Mr. Bissell who gave me a copy of a memorandum that Mr. Mossing had faxed.  I have asked in the past that if a meeting is cancelled that you notify the Board members by e-mail.  Can we make that possible?

            Mr. Mossing stated I should have taken care of that. 

            Mr. Wolsky stated if I am traveling and you send me an e-mail, I will know that I do not have to come back for a meeting that has been cancelled.

            Mr. Bissell asked whose decision was it to cancel that meeting.  From our information we received, there was a deposition to be taken on that day and was cancelled several days in advance, so we could have had the December meeting.  That was a possible slip up.

            Mr. Cox stated even with the cancellation of the deposition, I would not have been able to attend the meeting.

            Mr. Gatti stated Mr. Mossing alerted me that staff would not be available for the meeting.  I asked him whether there were any critical business we had to address and he assured me we could get by without the meeting and a gave my consent.

            Mr. Bissell stated we can only go by the communications we receive.

            Ms. Marchand stated I want all the homeowners to know how well the CID was represented by your attorney and the team of Allstate attorneys.  They were very formidable adversaries.  At the end of the trial the judge complemented the attorneys for their expert and orderly approach in providing the evidence.  He stated it was a difficult case that was his honor to try.

How do I convince the owner of the North Hotel that he has to do something with his road?  He tells me that he called the District office and was told that they would look into it.  A month has gone by.

            Mr. Gatti stated that gets back to whose responsibility that is.  Calling Mr. Mossing’s office is not the remedy.  Even if they wanted to, they cannot do anything.  It is not our jurisdiction either.  The jurisdiction lies with the County.

            Ms. Marchand stated I cannot spend my money to get that prepared either, as it puts me in a legal bind. 

            Mr. Gatti asked what is the problem with the roadway?  Do you have a perpetual easement to get to your property?

            Mr. Cox responded I have a copy of that. 

            Mr. Gatti stated you must have a document that gives you the right to cross that property in perpetuity in order to access your property.  The responsible party should be designated on that document.  That does not fall within our jurisdiction.  What is he doing?

            Ms. Marchand stated the new owner of the North Hotel has advised us that he is opening for business.  I want to go on notice to the community that the people doing some of the work there have already caused some problems in my park.  They do not have transportation and are often short of money and have been coming to the park to beg for money.  We have an unsavory situation brewing. 

            Mr. Gatti asked what is the business?

            Mr. Robinson responded it is a hotel.

            A resident stated he is renting to homeless people.

            Mr. Gatti stated I sympathize, but this goes beyond the jurisdiction of the Board.

            A resident asked can the Board put any pressure on the County and identify those conditions?

            Mr. Robinson asked is the water turned on in that building?

            Mr. Gatti responded yes.

            Mr. Robinson asked do you think he has a C.O. from the County?

            Mr. Benson responded I do not think he has done anything.

            Mr. Gatti stated we will try and make some phone calls to determine what is going on.

            A resident asked does anyone know if the tax on arrears were paid upon the sale?

            Mr. Mossing responded Allstate instructed the District to direct assess certain properties and that is one of them.  That bill has not been paid.  I am surprised they are open for business. 

            Mr. Gatti asked if he does not pay his assessment, can we turn off his water?

            Mr. Cox responded you cannot do that as long as he is paying his water bill.  He will be noticed very soon. 

            Mr. Wolsky stated last week there was almost a fatal accident because a man got into the wrong lane.  We have a major problem with the markings on Route 41 out here.  Can anything be done about that?  It is a 60 mph speed limit that narrows down to one lane.  People turning into Venus Cay turn into the right hand lane.  I have been passed on the right hand side while slowing down to get into Venus Cay.

            Mr. Cox stated the speed limits are set by the State on the roads and they usually set it at 80% of the average speed.  We can request the County to have that speed lowered.  The resident could possibly petition the County Commissioner to possibly petition the State to reduce the speed limit or do some spot enforcement.

 

SIXTH ORDER OF BUSINESS                             Approval of Check Register

On MOTION by Mr. Bissell seconded by Mr. Wolsky with all in favor the check register was approved.

 

EIGHTH ORDER OF BUSINESS                         Adjournment

 

On MOTION by Mr. Wolsky seconded by Mr. Bissell with all in favor the meeting was adjourned at 11:00 a.m.

 

 

                                                                                                                                                        

Secretary / Assistant Secretary                                 Chairman / Vice Chairman