MINUTES OF THE MEETING
OF THE PORT OF THE
COMMUNITY IMPROVEMENT DISTRICT
The regular meeting of the Board of Supervisors of the Port of the
Islands Community Improvement District was held
Present and constituting a quorum were:
Bernie Wolsky Vice
Chairman
Ted Bissell Assistant
Secretary
Richard Burgeson Assistant
Secretary
John
Robinson Supervisor
Also
present were:
Craig
Wrathell District
Manager
Dan
Cox Attorney
Ron
Benson Engineer
Tim
Stephens Field
Manager
Several
Residents (List
attached)
FIRST
ORDER OF BUSINESS Roll
Call
Mr. Wrathell
called the meeting to order and called the roll.
The record will
indicate that Mr. Gatti is not present at this time and Mr. Robinson is on his
way.
SECOND ORDER OF BUSINESS Approval of the Minutes
of the July 18, 2003 Meeting
Mr.
Wolsky stated that each member of the Board had received a copy of the minutes
of the
Mr. Wrathell stated I have one
correction from the attorney, which I will incorporate into the record.
On
MOTION by Mr. Burgeson seconded by Mr. Bissell with all in favor the minutes of
the
THIRD ORDER OF BUSINESS Staff Reports
A. Attorney
Mr. Cox stated I have nothing
for you at present. We have advertised
for a closed session at the end of a regular business meeting and I have some
reports from you on various aspects of the litigations that we are involved in
at this time.
B. Engineer
There
not being any, the next item followed.
C. Manager
There not being any, the next item
followed.
D. Field Manager
There
not being any, the next item followed.
FOURTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments
Mr.
Bissell stated we had discussed Mr. Cox looking into the streets on this side
of the canal on the other one that did not belong to the C.I.D. Do we wish him to proceed and have those
brought into the C.I.D.?
Mr.
Cox stated the Board discussed that and did not give me any further
direction. Do you want me to pull out my
notes and materials again so we can look at what we’re dealing with? There were several components of the drainage
system and the road network that were either reserved by the Developer or
otherwise not conveyed by the C.I.D.
Most
of the roads were. There are a few out
there that weren’t. The question was we
are developing an overall maintenance program for resurfacing all the streets
at some point, whether we also wanted to obtain ownership or some type of
control over the land those are actually on.
Our
maintaining them was the question. I can
bring them back in and let you see the scope of what we are dealing with. Whatever your pleasure is.
Mr.
Wolsky stated if I recall there was a split on the vote so there was no
definitive course of action. You can
raise that again at the next meeting if you like.
Mr.
Bissell stated I wish Mr. Cox could check into those streets, if possible to
see if they are dedicated. Some people
believe they own the street in front of their property.
Mr.
Cox stated I already have all the research with the various deeds and easements
that have come in granted to the District.
I have copies of all the plats. I
have them in a notebook and I can bring them into the next meeting and show you
exactly what we’re dealing with.
Mr.
Bissell stated I have one other item.
That is the John Deer backhoe that we have. According to the records, the cost of this
was $39,505. They are paying $780 a
month on a lease, which comes to $9,360 in a year. In four years and three months we will have
it paid off. It will belong to us.
Financially,
we will be a lot better of by paying off that John Deer and owning it than
leasing it.
Mr.
Stephens stated I do not believe we are leasing it. We are making payments to John Deer Motor
Credit.
Mr.
Wrathell stated I believe it was a lease, but the way it worked out, at the end
there was a nominal payout where we could either turn it in and get a new
machine and lease it or pay off the balance on the equipment we are paying on
now and own it free and clear. I do not
remember exactly. That is just what I
remember from a while back. I can dig
that out and bring it in.
Mr.
Stephens stated I believe the machine costs around $80,000 or something like
that.
Mr.
Bissell stated this says 2000 John Deer 310E wheel-loader backhoe, sale number
7575, cost new $39,505. Is that
accurate?
Mr.
Stephens responded that might be right.
They did give the District a good discount.
Mr.
Bissell stated I am saying in four years and six months it is ours, rather than
paying $9,600 a year.
Mr.
Wrathell stated I think there was a point where there was just a small payout
and you would own it free and clear.
Somewhere, at some point, you had that option. I can bring that to you, if you like.
Mr.
Bissell asked would you do that please?
Mr.
Wrathell stated the copy of the lease agreement does provide you with an option
at any time to be able to purchase the equipment. It has a termination value and will
incorporate the lease payments we have made over the last several years. It will have an adjusted value for that. We could look in to see what the purchase price
would be and I will get back to you on that next month.
Mr.
Wolsky asked were you supposed to look into the signage?
Mr.
Cox responded yes, the first step is for Mr. Benson and Tim to prepare the
surveys. I am sure they are working on
that, but it will take a bit of time to get everything together.
We
are now proceeding now. I spoke with the
code enforcement person and he got back to me on the whether we could allow
advertising or some type of commercial use for the entry feature wall sign.
Their
interpretation of it was that they could not because of the existing sign they
already have at this facility. We might
be able to look at putting directional signage on there which would be limited
to a small plaque with a mirror like you see when you come into a property a
lot of time in shopping centers. We can
look into the design phase of that.
Right now we really need to clarify the setbacks and height issue. If we are in violation of either of those two
code provisions we would have to seek a variance in order to use those signs
and that gets to be expensive.
I
do not know if we want to go that route or figure something different. I have been through all the sign codes and I
can tell you right now, those two entrance panels at the front will only be
used to identify the neighborhood.
If
you put an arrow on one saying to the
Mr.
Wrathell stated for the record, Mr. Robinson joined the meeting.
Mr.
Wolsky asked are there any other Supervisor comments or comments from the
audience.
Mr.
Bissell asked what streets on the north side of Route 41 are the C.I.D’s. and
which ones are not.
Mr.
Cox responded the entry road up to the North Hotel, on one side it goes toward the water and waste
water treatment facilities. We have an
easement on the dirt portion of it.
Mr.
Bissell stated that is another thing I had in mind. I spoke to you before about fixing the
potholes out there with maybe some asphalt to fill the holes in. Are you talking about that, when you go to
the right and then turn to the left?
Mr.
Cox stated right.
Mr.
Bissell stated those are the ones we fixed. Is there any possibility of filling
those holes in with some asphalt?
Mr.
Stephens responded we can do that. We
have used that bagged stuff. It comes
right back out, but we can do that.
Mr.
Wolsky asked were we thinking of waiting until some asphalt firm was doing some
work and try to piggyback on that?
Mr.
Stephens stated we have been filling it in with gravel and I have gotten the
bags of the asphalt. It is just not
strong enough. If a dump truck comes
across that curve it tears it up.
Mr.
Bissell stated so the C.I.D. owns the Boulevard that goes back to the North
Hotel and maintains it. Then we have an
easement and maintain the asphalt that goes around the hotel.
Mr.
Wolsky stated yes that is to the right.
Do we own the road going to the water plant?
Mr.
Stephens responded no, we just have an easement.
Mr.
Wolsky asked are there any plans to asphalt that?
Mr.
Stephens responded I do not think so.
Mr.
Robinson stated I have a couple of questions on that north hotel. They owe us a couple of hundred thousand
dollars in back fees. How did that come
about? Number one, usually when you sell
your property you have to get caught up on the water, electric and everything
else.
Second,
what are we doing to collect it?
Mr.
Cox responded they are delinquent on the debt service assessments from a couple
years back when the property was in transition.
They are not delinquent for any water bills that I am aware of. The debt service assessments for some of the
properties were taken off roll.
We
typically bill the property owner with their tax bill. If they do not pay their taxes, then we get
our money through tax certificates sold.
We had this property and a few others that tax certificates were not
selling on and we were not getting our money.
We
took the debt service portion of this off of the tax roll. Since our property owners are billed
directly, which would give us the right to foreclose on that property, whereas
if we have it on the tax certificate rolls all we can do is wait
for the tax certificate to sell.
This property sold and they paid off all of their
taxes as owed at the tax collector’s office, but they did not catch this
because of the transition, where there were like three owners within a
four-month time period. These off-roll
debt service assessments did not get picked up.
We have filed for foreclosure and will seek to
foreclose it if it isn’t paid off before the court order and then we will sell
the property and collect our money.
A resident asked have you filed foreclosure on
the hotel complex?
Mr. Cox responded yes, I have.
A resident asked the bank is the first position.
Mr. Cox responded no. That is why I think it will be paid before
the foreclosure. The bank is in the
process of foreclosing their mortgage and that is why some taxes were
paid. It was almost sold for taxes in
June and somebody stepped in and paid all the taxes on the property except for
the assessments. I think it will be
paid.
A resident asked how long ago did somebody step
in and pay those taxes? Do you know?
Mr. Cox stated it was before the tax deed sale
was scheduled to be held in June.
A resident stated I was told that he has not paid
the taxes on it since June. He paid
about $400,000 or something like that.
Mr. Cox responded no, the taxes were not that
much. There were two certificates that
were out. When it was bought for the tax
deed, they came in and paid those certificates.
There were lots more out there.
A resident asked are there any outstanding taxes
on that property at all?
Mr. Cox responded I do not think so, just the
current years.
Mr. Wolsky states, the drainage ditch between the
Brady’s house on Venus Cay and the
FIFTH
ORDER OF BUSINESS Approval
of Check Register
On
MOTION by Mr. Bissell seconded by Mr. Robinson the check register was approved.
SIXTH ORDER OF BUSINESS Adjournment
On Motion by Mr. Burgeson seconded by Mr.
Robinson with all in favor the meeting was adjourned at
Secretary/Assistant Secretary Chairman/Assistant
Chairman