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 on Friday, November 15, 2002 at 10:00 a.m. at the Egret Room, 25000 Tamiami Trial, Naples, Florida.

            Present and constituting a quorum were:

 

            Richard Gatti                                                 Chairman

            Bernard Wolsky                                             Supervisor

            Ted Bissell                                                      Supervisor

            John Robinson                                                           Supervisor

 

            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 October 15, 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                         Organizational Matters

            A.        Oath of Office of Newly Elected Supervisor

            Mr. Gatti asked would you like to swear Mr. Bissell in?

            Mr. Mossing responded yes, I would.  For the record, I am a notary in the State of Florida and able to administer the Oath of Office.  Mr. Bissell, if you would raise your right hand.  Do you swear and affirm that you are a resident of the State of Florida and a citizen of the United States of America and being a Supervisor of the Port of the Islands Community Improvement District and a recipient of public funds on behalf of the District, do you hereby solemnly swear and affirm that you will support the Constitution of the United States and the State of Florida and will faithfully, honestly and impartially discharge the duties upon me in the Office of Supervisor of the Port of the Island Community Improvement District, Collier County, Florida?

            Mr. Bissell responded I do.

            Mr. Mossing stated welcome to the board.

            An unidentified speaker asked does he have to file another financial disclosure statement?

            Mr. Mossing responded no, he does not.

            Mr. Gatti asked do we?

            Mr. Mossing responded I do not believe so.  Do we have to swear in Mr. Gatti and Mr. Wolsky?

            Mr. Cox responded I think so.

            Mr. Mossing asked do you swear and affirm that you are a resident of the State of Florida and a citizen of the United States of America and being a Supervisor of the Port of the Islands Community Improvement District and a recipient of public funds on behalf of the District, do you hereby solemnly swear and affirm that you will support the Constitution of the United States and the State of Florida and will faithfully, honestly and impartially discharge the duties upon me in the Office of Supervisor of the Port of the Island Community Improvement District, Collier County, Florida?

 

            B.         Consideration of Resolution 2003-1 Canvassing and Certifying the Results of the Landowners Election

            Mr. Mossing stated, Mr. Chairman, we will insert the information that occurred at the landowners meeting, which was the election of Mr. Bissell and the number of votes and, basically, this must ratify those actions.  We would need a motion to approve that.

            Mr. Wolsky stated I move that we pass that Resolution 2003-1.

            Mr. Bissell stated I second it.

 

ON MOTION by Mr. Wolsky, seconded by Mr. Bissell, with all in favor, the Resolution 2003-1 Canvassing and Certifying the Results of the Landowners Election was approved.

 

 

 

 

            C.        Election of Officer

            Mr. Mossing stated how about if I go down the standing positions at this point as Officer and then the easiest way to handle this is if the Board just confirms that we will leave the Officers as they exist prior to the election.

            Mr. Gatti is Chairman, Mr. Wolsky is Vice-Chairman, Mr. Burgeson and Mr. Bissell are Assistant Secretaries, along with myself as Assistant Secretary.  Gary Moyer is the Secretary and Rhonda Archer is the Treasurer.

            Mr. Gatti stated unless someone has any problems with that or if someone wants to be Chairman for a term, or something.

            Mr. Mossing stated I would like to make a motion to leave the slate of officers as they are.

            Mr. Bissell stated I move.

            Mr. Wolsky stated I second the motion.

 

ON MOTION by Mr. Bissell, seconded by Mr. Wolsky, with all in favor, the slate of the officers to remain as they were was approved.

 

THIRD ORDER OF BUSINESS                            Approval of the Minutes of the October 18, 2002 meeting

 

ON MOTION by Mr. Wolsky, seconded by Mr. Bissell, with all in favor, the minutes of the October 18, 2002 meeting were approved.

 

FOURTH ORDER OF BUSINESS                                    Consideration of Engagement Letter with Hoch, Frey & Zugman for the Year Ended September 30, 2002

            Mr. Mossing stated this is the District’s current independent auditing firm and that is a standard engagement letter to conduct the fiscal year 2002 annual audit, which has concluded September 30th and we would recommend approval of that.

            Mr. Gatti asked this is approving the information that they have provided us in terms of having to do with last year's audit?

            Mr. Mossing responded the District is required to have their financial records audited.

            Mr. Gatti asked are we hiring these guys for another year?  Is that what we are doing?

            Mr. Mossing responded yes.

            Mr. Gatti stated okay.  I did not quite understand that.  Any problems with that?

           

 

ON MOTION by Mr. Bissell, seconded by Mr. Robinson, with all in favor, the engagement Letter with Hoch, Frey & Zugman for the Year Ended September 30, 2002 was approved.

 

FIFTH ORDER OF BUSINESS                             Acceptance of Bid for the 1994 Ford Ranger

            Mr. Mossing stated the District placed an advertisement in the paper declaring this vehicle as surplus and following those procedures that are applicable to local governments for disposing of items that are deemed surplus.

            The only bid that we did receive was from Mr. Stephens for $260.  That was the only bid we received on that vehicle and we recommend that the Board accept Mr. Stephens bid for that vehicle.

 

ON MOTION by Mr. Bissell, seconded by Mr. Wolsky, with all in favor, Mr. Stephens’ bid for the 1994 Ford Ranger was approved.

 

            Mr. Gatti asked before we go on to staff reports, is there anything else that we have to cover?

            Mr. Mossing stated no.

 

SIXTH ORDER OF BUSINESS                             Staff Reports

            Mr. Cox stated I think what I would have to say would be best if Mr. Benson starts his presentation and then if you have question regarding the implications of what he has to say today.

            A.        Engineer

            Mr. Benson stated there was a question a few meetings ago about a drainpipe that had caved in over by the hotel here.  That pipe is a pipe that, essentially, the sole purpose is to take the water from a catch basin along the side of the CID road over to the canal.

            There were a few questions then and I researched it and said that the catch basin was in the CID roadway.  It appeared that that is the only way that the water from that area can get out to the canal, which it needs to.  Mr. Cox and I concluded, and I think you accepted our conclusion, that that was something you need to take care of.  I think it is still ongoing.

            Mr. Stephens stated it is still ongoing.  We have to put the asphalt on top of it, but the rest of it is complete.

            Mr. Benson stated since there was a follow up question, I did download from the Tax Appraiser's Office maps of the property in the CID district and this shows where all the lines are on an area photo.  I mean this is based on them putting the property boundaries into a GIS system.  If there is a question about where exactly these roads are, in addition to the information I have reviewed, I am relying on how they are depicting this because Mr. Bissell had a question.

            As you can see, the property that the CID owns is on this side.  This is the road.  This is the catch basin.  The only thing really that goes in this pipe is that catch basin.  That is the basis of conclusion that we had previously made and nothing has changed.  That was a question I wanted to verify.

            Mr. Wolsky asked what is the date on that?  Is it the date that you downloaded it or is there another date on it?

            Mr. Benson responded the date of the photograph, I believe, was January of 2000 for rural areas.

            Mr. Cox stated I am pretty sure it is 2000 and they did the urban areas in 2002.

            Mr. Benson stated there was a question this month regarding a similar situation.  Similar in the sense that there was a drainage pipe up by the north hotel that caved in and the question was, was that CID responsibility.  I talked to Mr. Cox and received information from Mr. Stephens and I printed out a photo of this area.

            What you have there is that the CID road going to the north goes up to the hotel and then it goes to the east and then it goes up to the utility property.  The road that goes to the left, or to the west, is basically a private road.  There is a parking lot for the hotel here and this is not a CID road.  This is a private road.

            The area where the pipe is over here.  I did check, because there is a catch basin here and there is one over here, this catch basin drains the CID road.  This catch basin drains out this way.  This one is yours.  This one is not.  Mr. Cox and I both have that same conclusion and that was a question.

            Mr. Benson stated if you look at the red lines coming up this way and then going this way, that is the CID's property.  That is their road.  This is all private property.  It is not the CID's.

            An unidentified speaker asked could you just show me those catch basins you are talking about?

            Mr. Benson responded the catch basins are right here and one right here.  This one is the hotel's.  This one is the CID's property.

            An unidentified speaker asked where does this one go?

            Mr. Benson responded this one here, as I understand it, comes over this way.

            Mr. Cox stated you guys did the canal.

            Mr. Bissell asked where does the catch basin actually go?

            Mr. Benson responded the catch basin is located here and right there.

            Mr. Bissell asked the first one is at the corner of that hotel?

            Mr. Benson asked this one?

            Mr. Bissell responded no.  The other one.  That one.

            Mr. Benson responded this one is right in this area right there.  There is one on each side.

            An unidentified speaker stated it goes underneath the road and then there is a huge sinkhole.

            Mr. Bissell stated okay, so it is not an open catch basin.

            An unidentified speaker asked part of the curve?

            Mr. Benson responded it is curve and a catch basin.

            Mr. Bissell asked is that why that road is blocked?

            Mr. Benson responded I believe so.

            An unidentified speaker stated we did that for safety reason.

            Mr. Bissell stated because you have a sinkhole.

            Mr. Benson stated right.  There was a question as to the one at the south hotel is the CID's and the one at the north hotel is not the CID's.  We did research it and this, I think, is a reasonable conclusion.

            There is one other area that I know of that may be a similar question in the future if there was to be some maintenance and let me show you where that one is located.

            Again, first I want to let the Board see because they need to see.  If you come down first to the hotel and you come down Newport, there is the marina parking area here and there are some catch basin type structures on both sides of the road here.  The pipe crosses and goes to the canal there.  That is an outlet for the road drainage in this area.

            The hotel and marina did some work in the last few years and they did add some other drainage areas here and some inlets to their property that attached that same pipe.  The pipe crosses their property, but it does serve on a drainage system.

            I have prepared another little sketch so that you can see that it is draining your area and what you will see is this is the property that CID owns.  There are drainage swales here.

            There are inlets that go into a pipe that goes out to here.  This is the property that is owned by the marina.  This is the retention basin that they constructed.  There are inlets here.  I believe there is one in the middle of this parking area that went to the same pipe.

            I guess what I need Mr. Cox to help determine what we need to do regarding this pipe.  It's original purpose was to drain that one there.  The original purpose, from everything I can gather, is that it was to drain those drainage structures along the road, which is the CID's property.

            Now let me back up.  The reason there is a road at question on this one by the hotel here, is that it is clear that this drains the CID's property.  It is part of the CID's drainage system that they are maintaining when they acquired the property for the roads out here.

            What I cannot find, and I do not think Mr. Cox was able to find either, is was there ever a document for the easement for that pipe.

            There are two that I can find that probably do not have any documents.  What we talked about a month ago and then I think two months ago also was that at some point we need to have a legal document prepared and then signed by these property owners allowing us this easement and pipe that is ours that it is using now that we are maintaining this pipe on their property.

            This one is one that would be in the future if it ever needs serious work, or needs to be dug up.

            I guess the question is how do we want to handle this one.  Is the entire pipe all the way out to the canal the responsibility of the CID or the fact that the private owner of the property also uses that pipe and what the status is there.

            Mr. Gatti stated let me give you a real quick overview on this and then we will do whatever the Board wants to do.

            I suspect the hotel would be reluctant to give us a perpetual easement through here without knowing what is going to happen in this parking lot in the future because I remember seeing some plans and there was a building proposed for this site.

            An unidentified speaker stated that will not happen.

            Mr. Gatti stated if you are willing to give us an easement at this point, then my point is moot.

            Mr. Cox stated we have prescriptive rights.  We have an easement, but it is just that it has never been memorialized.

            Mr. Gatti stated so we have prescriptive rights there now.  Draw up a little easement and if these guys go along with it, that is the end of that.  Do we need a ten-foot easement and then the twenty-foot for construction?

            Mr. Benson responded yes.  I think ten feet would probably all you need.  I guess part of the question on this one is do we need one to go all the way to the canal or just to the structure that is there so we tie in to it, theoretically.

            Mr. Gatti asked do we go west or all the way here?

            Mr. Benson responded your drainage needs to go all the way to the canal, but part of that system now is part of the marina's drainage system.

            For the CID to be responsible for this portion of the pipe that gets from your drain structure over to theirs and from their drainage structure out to the canal is their system.  Which way do we want to go?

            Mr. Wolsky asked who is going to be responsible for repairing this in the future?

            Mr. Benson responded I think that may end up how we handle it.  It may end that if in the future there was a maintenance need and it is on the part of the system that serves their property as well as our property, who is responsible then.  I do not know.

            Mr. Wolsky stated how do we decide that.

            Mr. Gatti stated given the amount of taxes that the hotel pays and everything that goes with it, I think we should maintain our storm drainage system.  I am just kind of repeating what happens in other governments.  When you are drawing water from public property like a street or an alley or something like that, you are responsible for wherever the discharge is.

            Mr. Benson stated I think so if the pipe was there originally.

            Mr. Gatti stated that is what I would recommend.  The only reason we need an easement, and this is where it gets a little tricky, is if they put something in here that would be tremendously expensive to restore or repair, or something like that, then we have a little bit of a problem

            As long as it is a parking lot, it is no big deal and if you are willing to give us an easement through this parking lot, I would say go for the whole thing.  That is what I would recommend.

            Mr. Bissell stated when Mr. Robinson comes back at the board meeting with the authority to do this; I see no problem with it.

            I have another question in the same order.  We are on Stella Maris.  The two drainage structure on each side drain the street and that curb and gutter and the outlets were there before any of the construction was done at the building.  Is it CID's responsibility to maintain those?

            Mr. Cox responded let me try to explain what differentiates this because the answer is no, it is not for the CID to maintain this.

            Under the common law of easements, and that would be what we govern since we have no document, it actually conveys the easement to us for the pipe here at the south hotel.

            You would be responsible for maintaining the easement for your intended purpose.  It is just like if I gave you an easement for roadway across my property so that you could access your property, you have to build the road and you have to maintain it.

            My obligation is not to do anything to inhibit your use of your easement, but I do not have to do anything affirmative to assist your use of the easement.

            That is why we determined that the responsibility for these pipes laid with the District, even though they were on the property and possibly even, you know, gave some drainage relief to that property.

            Now, with any type of interest in property that you convey, you can set terms on how you convey that property, the extent to which you convey it and who has responsibilities for certain maintenance, for example.

            When the drainage systems were installed at Stella Maris, it was done by plat and the conveyance of those systems was done by plat.  That document specifically states that the District has the right to drain through that system and that it has no responsibility for maintenance and that maintenance responsibility for the drainage system lies with the Stella Maris Homeowners Association.

            Mr. Bissell asked can that be changed?

            Mr. Cox responded if the Board is willing to accept the responsibility for maintaining it, it can absolutely be changed.

            Mr. Bissell stated to me it is the same as what we are doing right here.  Now, I may be wrong, but that is the way I look at it.

            Mr. Gatti stated it is a little different.  This goes into a retention area, does it not?

            Mr. Wolsky responded no.  It goes into the canal.

            Mr. Benson stated it goes directly to the canal.  Their retention area overflows into that same pipe that goes into the canal.

            Mr. Cox stated I would have to check that because that would make sense.  I mean we are not supposed to drain any water from this property into the canal straight.

            Mr. Benson stated that is correct.  When the level fills up to the overflow into the retention area, it goes into that pipe.

            Mr. Gatti asked then they are using it as a conveyance to the canal too?

            Mr. Benson responded right.

            Mr. Gatti stated the only problem I have with the other side is that that was supposed to be a swale system and that was the South Florida permit approval and correct me if I am wrong.  That was supposed to be a swale system between those houses.

            Mr. Benson stated at the back of the houses, between the houses and the docks, that is what the homeowner is responsible for.  Mr. Cox, am I correct that the drainage of the road is the CID's?

            Mr. Gatti stated the original plan shows swales between the homes and they did not want those swales, so they piped it.  That is what created the problem because instead of having a percolation effect, you have a flow through that pipe and you have a tremendous force coming out at the sea wall and then you have a problem.

            Mr. Benson stated there is actually a couple.  One is drainage of the road goes through pipes that go back to the back of the property.  At the back of the property there is also a swale system.

            Mr. Gatti asked how can we wrap this thing up?

            Mr. Bissell stated let me just ask one thing, unless I misunderstood you.  There was supposed to be a swale between the buildings?

            Mr. Gatti responded right.

            Mr. Bissell stated but when they put the swale in when the man stood at the bottom of the swale all he saw was the base of the house.  It was so deep and that is why they got permission from the county to put in the pipe.

            Mr. Gatti asked what would you like to do, Mr. Bissell?

            Mr. Bissell responded I would like to see the CID take easement of those pipes and maintain that in the future.  They are plastic pipes the same as they put in over here.

            Mr. Gatti stated take a look at that, Mr. Benson, and see what the ramifications are.  My only concern, Mr. Bissell, is the impact down at the seawall.  The way that is put together is almost an accident waiting to happen because you have that tremendous flow coming down to the seawall and that does not hold and if you have a tremendous storm and you just have a lot of water coming through that pipe.

            That is not the way it was designed.  That is why it was designed originally with the swale area.

            Take a look at it and see what the ramifications are and let us be consistent.  I agree with what you are saying.  If we are going to do something one place, let us do it on the other end.

            Mr. Benson stated are the ramifications are who maintains it in the future.  Right now it is clear the way the documents were presented and prepared that the Homeowner's Association maintains it.

            Mr. Gatti asked is there a problem doing that?

            Mr. Cox responded from my perspective?

            Mr. Gatti responded no, physically.

            Mr. Benson stated I do not think that there is a real physical problem.  I know there was talk about doing some modifications to that system to put some relief pipes.

            Mr. Bissell stated we have that done.  That is completed.

            Mr. Gatti stated you put a bubble up in there so that it bubbles up into the retention area and then you do not have that.

            Mr. Benson stated no.  It is actually when the retention area fills up, instead of waiting for them to overflow across the sidewall, there is some relief pipes that go to the canal.

            Mr. Gatti stated take a look at it and see what the ramifications are and if you think there is going to be a problem there, we should know about that in advance.  I agree with you, Mr. Bissell.  I think we should be consistent.

            Mr. Wolsky stated we should be consistent and I think the question that I have in my mind is Mr. Bissell's request for the CID to take over the maintenance of that because we have done this other thing.  Is there a causal relationship there?

            If they are two different things, if they are apples and oranges, then we are not responsible and should not take it over.

            If we are responsible by virtue of the fact that we are trying to do this for this particular piece of property in the hotel, then we should administer it.

            Mr. Bissell stated if Mr. Benson would come out and notify me when he is coming so I can show him exactly what has been done and then he can come back with the recommendation to the Board and I would go with your recommendation.

            Mr. Benson stated one thing that I think I need to maybe just mention and to make sure I am saying this correctly.  I believe the CID is responsible for the maintenance around these other lots that are the single-family homes.

            Mr. Gatti asked is that the swale system?

            Mr. Benson stated that is the swale system.

            Mr. Cox stated right.  I have not looked at that plat lately, but it seems that is what I recall.

            Mr. Bissell stated remember we had to get permission for the person that is building over here a home right now that they could come out close to the swale and take part of the swale.

            Mr. Cox stated that is right.

            Mr. Gatti stated my general sense of it is that we should maintain the storm sewer system because one way or another it effects the entire property.

            Mr. Wolsky asked why did we not take over the maintenance of that when the builder completed Stella Maris?  It seems to me that you did not do it properly and that is why you recommend that we not do it.

            Mr. Benson responded I am not sure there was ever a request to take over the drainage.

            Mr. Gatti stated let me share with you why I think we should take over the maintenance of the storm sewer system.  The Homeowner's Association is organized and everything else.  In a lot of cases, we can send Mr. Stephens out there and in a lot of cases we can do the work ourselves and that sort of thing.

            We are more capable of doing this kind of stuff.  Whereas a Homeowner's Association or an individual homeowner does not know where to come and get a storm sewer.  You do not go to a hardware store and buy one of these.  That is the idea and we should be consistent.  I guess that is the other thing that I think is important.

            Mr. Bissell stated Mr. Benson; I want to thank you for your research on my questions about this other project over here.

            Mr. Gatti stated take a look at it and see the way it comes together.  I think the general sense of the Board is that we should sort of maintain the storm sewer system.

            Now, if there is a problem out there, the other thing I would expect you to say is something has to be fixed before you take it over just like we do the roadways.

            Mr. Benson stated I believe there has been something done.  I will come out and look at it because I was asked to go out this year.  At that point, basically, it was not CID's responsibility.  Any work that was done was done by the Homeowner's Association.

            I do have one other follow up item from last month and that was you authorized me to make an application for a grant from the Big Cypress Basin of the South Florida Water Management District for matching funding for a project that is under way.

            I did complete the application and we turned those in.  That has been submitted.  I have copies here.

            Mr. Gatti asked how much is the application for?

            Mr. Benson responded we have applied for a grant of $50,000, but we would have to spend $50,000.

            Mr. Gatti asked we have to come up with the matching funds?

            Mr. Benson responded that was the amount.  I said last month that $100,000 was my rough estimate.  I did the work this month to prepare and it seemed like the right number.

            We also, on your behalf, requested an extension to the time to execute the grant and we did get an extension through, I think, the end of June.  I sent that over to you and I think you executed it and send it back.  We are okay on our current grant.

            I am hopeful that we have a good chance to get this grant based on my discussions with Mr. Tears.  Hopefully, you have good standing there.

            In the next few days I'll give some additional information that goes along with what we have applied for this grant to do to, hopefully, get our permit issued.  That will be happening in the next week or so and, hopefully, we will have news on that permit shortly.

            Mr. Gatti asked how long is it going to take to hook up?

            Mr. Benson responded actually we are going to then acquire some pumping equipment so it is going to take some time.  It is not going to be just a matter of weeks.

            We have to work with the contractor and figure out if we are either going to have the contractor buy the pumps or are we going to acquire the pumps and just pay him to install.  I am going to have to work that out once we get DEP's authorization.

            Mr. Gatti stated the only reason I asked is dry season is coming up.

            Mr. Benson stated I do not think we will be able to necessarily count on that this year.  I'm sorry.  Hopefully we will have the permit in the next 60 days.

            Mr. Gatti stated you were going to mix your comments with Mr. Benson's.  Did that happen?

            Mr. Cox responded pretty much.

            Mr. Gatti asked anything else?  You want to tell us anything about the lawsuit.

 

            B.         Attorney

            Mr. Cox stated that nothing is going on.  We are kind of waiting for time periods to lapse for production.

            Mr. Gatti stated we have a lot of new faces here.  Give us the dates.

            Mr. Cox stated 14th, 15th and 16th of January at the Federal Courthouse in Fort Myers.  The trial will commence then.

            An unidentified speaker stated it is a Wednesday, Thursday, and Friday.

            Mr. Cox stated yes.  It is Wednesday, Thursday, and Friday.

 

            C.        District Manager

            Mr. Mossing asked Mr. Benson, on the grants and from a cash flow standpoint, will you at some time in the near future kind of put a time frame to when you think we are going to spend which monies and how quickly we are going to need that additional $100,000.

            Mr. Benson responded yes, I will.

            Mr. Mossing stated then I can report back to the Board to make sure that we are going to be okay from a cash flow standpoint.  I think we are.

            Mr. Gatti asked we front the money and then we get fifty back?

            Mr. Benson responded yes, we do.

            Mr. Mossing stated I do not know if we will finish the first grant and then be able to request that $75,000 back before we spend the next hundred in the second grant or if we have to spend all grant monies and then request it all at once.

            Mr. Benson stated we are going to try to close out the first grant so that you can get the reimbursement towards the second grant.

            Mr. Gatti stated South Florida is very accommodating.  They will get you your money.  As soon we get a final plan and a final report stamp, they get you your money.  They are great about that.

            Mr. Mossing stated just one item that I believe I circulated to the Board members yesterday or the day before regarding a request from Marlene Marchanel on two water and sewer utility accounts.

            Mr. Gatti stated please give us an overview there.

            Mr. Bissell stated I have not seen that.  Do you have an extra one?

            Mr. Mossing responded yes.  Mr. Benson might know more about it than I do, other than what is in writing.

            Mr. Gatti stated I think we understand the mechanics of it.  What I want to understand is the numbers.

            Mr. Wolsky asked may I make some comments about it?

            Mr. Gatti responded go ahead.

            Mr. Wolsky stated let me read the first two paragraphs.  Concerning water and sewer utility billings.  In mid-October, I, Marlene Marchanel, received the water and sewer bill for the September 4th to October 1st 2002 service period.  All our accounts have been paid in full except for account number so and so and so and so.  Partial payments were made on these two accounts, as the billings were thousands of times higher than the previous months billings and historically.  We regularly read the meters to check for inconsistencies as well as checking for wet areas, which can identify leaks.  Unfortunately, due to being short staffed and it being the wet season, two very damaging leaks went unnoticed for a period of time.  At prior CID meetings it was identified that the District's staff when regarding such unbelievable readings brought it to the attention of the property owner.  However, unfortunately, that was not the case here.

            Then Ms. Marchanel puts down the figures.  I challenge her figures because the highest bill was for $2,562.88.  The bill next to it, which was supposed to be thousands of times more expensive, was $52.25.

            I divided it out and it turns out that the first figure was 49 times higher than the previous figure.  That is inaccurate.

            Secondly, if you can come up with a figure saying thousands of times, that would be perhaps a dollar or two dollars for that period of time.

            Ms. Marchanel stated you have my apologies.  I was pressed by the dollar amount.  I did not do the mathematics of it.  My apologies.

            Mr. Wolsky stated I just wanted to correct that because to let something like this go unchallenged, it just means we accept it and we do not accept it.

            Ms. Marchanel asked so it was actually 49 times higher?

            Mr. Wolsky responded 49 times higher.

            Ms. Marchanel stated in one month.  I count a little more than that because one was a 27-day period and the one you refer to is a 37-day period.

            Mr. Gatti stated let us round this off so we do not get tied down into this thing.  The average bill is about $600 to $700.  That is what your average bill is and in comparison from $600 to $700, your bill was $2,562.  Is that a fair statement?

            Ms. Marchanel responded yes.

            Mr. Gatti stated so let us keep it in those round numbers.  Then at the bottom on the other one, your bill was $1,300 and your average bill is about $300.  It is four times as much in one case and four times as much in both cases.  That is what we are talking about.

            Mr. Wolsky stated the second thing I would like to say is the cause of this leak, as my understanding is, is that the CID is responsible for getting water to you and through the meter.  If anything interdicts that flow or is incorrect in that or if the meter readings are incorrect, that is our fault.

            After it goes through the meter, it is my understanding that we are unable, as a CID Board, to forgive any overages.  Is that the case?

            Mr. Gatti responded let me control the meeting.  I think, historically, we have forgiven sewer bills on leaks like this because I think the rationale was that we are not treat the water.  Our rationale for attaching the sewer bill to the water is you use so much water and the result is so much sewer.  This obviously did not go into our sewer system.

            Mr. Wolsky stated in that regard, let me make a comment on two people who came up to me who own swimming pools and they said the water evaporates from their swimming pool and they would like me, as a CID member, to do something about that because it does not go through the sewer system.

            I thought that was a frivolous request because I have a swimming pool too and I really do not consider it to be a valid argument.

            On the other hand, if we forgive a sewer bill because it does not go through the system, then are we going to be giving a recourse to people with swimming pools?  I mean, fair is fair.

            Mr. Gatti stated I understand.

            Ms. Marchanel asked may I read the paragraph where I was?

            Mr. Gatti responded sure.

            Ms. Marchanel stated I said I realize that the water is used whether I like it or not and it needs to be paid, even though water usage at that time of the year is extremely low and requires special attention due to that fact.  However, I can guarantee that the water leak never went through the sewer and as such, was not subject to the services, which justify sewer fees.

            I am not questioning the water at all.  The water alone, the costs are higher than the peak time of the year.  Never mind the time of year that it was, but I was just hoping that something can be done on the sewer.

            Mr. Gatti asked can you give me a thumbnail sketch if somebody pays two dollars for a sewer and water bill, how much is sewer and how much is water?  What is that proportion?

            Ms. Marchanel responded almost double.

            Mr. Gatti stated for every two dollars you pay in water, it is a dollar in sewer.

            Ms. Marchanel stated no.  Sewer is more expensive.

            Mr. Gatti stated sewer is two dollars.

            Ms. Marchanel stated it is 1.7 higher, I think it is what it comes to.

            Mr. Gatti stated so that kind of gives us an overview.  What is the Board's pleasure?  Mr. Wolsky, I hear what you are saying because I have had the same requests, but I know that we have forgiven sewer bills and, as a matter of fact, we have done so for the hotel.

            Mr. Cox stated I know where I live at the sewer bill is capped just for that purpose.  It is capped at 8,000 gallons, so if it goes over that you only pay for that amount because they have realized that there is water breaks and things that happen