MINUTES OF MEETING
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
on
Present and constituting a quorum
were:
Ted
Bissell Chairman
Dale
Lambert Vice Chairman
Norine
Dillon Secretary
Richard
Gatti Assistant
Secretary
Richard
Ziko Assistant
Secretary
Also present were:
Cal
Teague District
Manager
Dan
Cox Attorney
Ron
Benson Engineer
Robert
Edge Field
Operator
Tom
Mack Staff
James
Shucart POI Hotel &
Ron
Barrows Resident
Sue
Beck Resident
Tom
Bradshaw Resident
George
Cramer Resident
Larry
Kane Resident
Mary
Ann Kane Resident
Jean
Kungel Resident
Mary
Lloyd Resident
David
Molberg Resident
George
Ricci Resident
Tom
Weis Resident
FIRST ORDER OF BUSINESS Roll
Call
Mr. Bissell called the meeting to
order and Mr. Teague called the roll.
EIGHTH ORDER OF BUSINESS Supervisors’
Requests
Mr. Lambert stated the county is
going to present a proclamation to Mr. McKay in honor of Ms. Patricia McKay for
all the landscaping work she did on the median near Route 41 at their
Commissioners’ Meeting on
Ms. Dillon asked are we going to
hold a small ceremony?
Mr. Lambert responded there has been
talk of a small memorial and an anonymous donor is going to design a plaque,
but we are still trying to determine where we are going to locate the plaque.
Mr. Bissell stated the county said
they were going to put it near the bridge area.
Mr. Lambert stated the county does
not want it in the median and I do not believe the DOT is going to allow us to
put it on the bridge.
Ms. Dillon asked can we put it
within our plantings?
Mr. Lambert responded this is what I
am looking at for lack of a better place.
SECOND ORDER OF BUSINESS Approval of the
Minutes of the February 9, 2007 Meeting
Mr. Bissell stated each Board member
received a copy of the minutes of the
Mr. Lambert stated on Page 32 under
the fourth order of business in the first line, Orchid Cove should replace work
code. On Page 39 in the fourth
paragraph, permitted should replace per minute.
Ms. Dillon stated on Page 8 in the
fourth line from the bottom, $422,000
should replace $22,000. On Page 16 in the ninth paragraph, 60 should replace six. On Page 17 in the last
paragraph, water should replace border.
On Page 19 in the sixth paragraph, and
paving should replace a pavement. On Page 27 under the third order of business,
(continued)
should be deleted. On Page 29, SIXTH
ORDER OF BUSINESS should be deleted and replaced with Discussion
of Open Items. On Page 30, THIRD
ORDER OF BUSINESS should be deleted.
On MOTION by Mr. Lambert
seconded by Mr. Ziko with all in favor the minutes of the
THIRD ORDER OF BUSINESS Manager’s
Report
A.
Discussion
of Use of Summary Minutes
Mr.
Teague stated I am not certain whether or not the Board has considered this in
the past, but this is something we have gone through with almost all of our
other districts. They decided to do away
with verbatim minutes, and instead of looking at 40 to 50 pages of minutes,
they are reduced to
Ms. Dillon responded I recall we
discussed this before you came on board and was told the groups who go to
summary minutes usually go back to verbatim within a short time.
Mr. Gatti asked what is the issue?
Mr. Cox responded it becomes an
issue when people see the summary minutes and do not believe there is enough
information. They cannot find a happy
medium between a true summary and verbatim.
Mr. Gatti asked who are you
referring to?
Mr. Cox responded I am referring to
most Boards of Supervisors I worked with who have done this.
Mr. Ziko asked will this amount to a
large cost savings?
Mr. Teague responded there is not
going to be much of a cost savings, but I believe it will save you time. Although I do not want to disagree with Mr.
Cox, this is the only Board I have who still does verbatim minutes. The developer Boards do them because the
meetings are short, but most resident Boards have gone to summary minutes. We have super
summary, which I do not like, and then we have summary, which reflects all actions and motions, as well as giving
a general tone of what took place. The
minutes are still recorded and the Recording Secretary must go through
them. It is actually easier to
transcribe them verbatim as opposed listening, interpreting and recording
everything, and I also supply good notes.
Mr. Lambert asked how is the
recording treated if you ever had to go back with a question? Is approval of summary minutes legal?
Mr. Teague responded the recording
itself as well as the verbatim or summary minutes are considered legal. We retain those recordings in the
Mr. Bissell stated I believe we
should stay with verbatim minutes.
Mr. Lambert stated we can always go
back to the recording.
Ms. Dillon stated I believe it will
be difficult to find or determine which meeting it was.
Mr. Bissell stated we are not able
to retrieve them. It will probably take
one or more months to retrieve them.
However, this is the Board’s decision.
Ms. Dillon asked is it possible to
get both verbatim and summary minutes this month in order for us to get an idea
of what will not be included?
Mr. Teague stated I will speak to
your Recording Secretary, Mrs. Janice Swade and see if she can do both.
B.
Review of
Funding Options for Fire Station Property Acquisition
Mr.
Teague stated we still have not heard from the State Revolving Loan Fund, which
typically handles infrastructure, water and sewer projects, and Mr. Benson can
probably comment on this better than I can.
When I worked in
Mr. Gatti stated Mr. Mack may have
something to report on this.
Mr. Mack stated Mr. Gatti and I met
with Mr. Colletta this morning. I also
spoke to Mr. Rivers earlier this week with regards to building costs. Did you quote him any figures?
Mr. Benson responded there are
options for economics between erecting a fire station building with an
extension to house some CID needs or erecting a separate building on the
property. There are potential savings if
you built a structure together, and I believe an architect should advise you on
key issues with regards to space needs.
A new building requires a certain amount of square feet depending on the
occupancy you want the building rated at.
You must also build public restrooms with a certain number of stalls,
depending on public usage as well as occupancy.
There is obviously quite a bit of structure which must be built
separately. If you build it as an
additional space onto another building you have a couple of opportunities. First of all, there may be joint use of some
space. For example, if you build a room
this size or larger which may hold CID meetings, perhaps the fire district will
also have potential use for training rooms, and we can ask them to share the
cost. With regards to restrooms and
other accessory uses such as kitchen areas, those costs may also be
shared. However, when you are erecting a
structure for housing fire engines and large trucks, a much higher ceiling height
may be required, and as you are architecturally adding on, a stand-alone
building may not be as economical. There
are other issues relating to safety codes and different types of fire ratings. For example, the fire station’s height and
structure will have to meet a potentially higher standard with regards to life
safety issues, whereas the other building may not have to meet the same codes.
Mr. Lambert asked do you have an
estimate?
Mr. Benson responded I am not
certain of the exact size. For example,
if you are looking at a room and occupancy for these types of meetings in which
the chairs are set in rows, you probably need at least 10 square feet per
person. If you are looking at a room in
which you are also going to set up tables and chairs, you probably need at
least 15 square feet per person.
Therefore, if you are looking at a room which may house 100 to 150
people, you will have to use some of those factors to determine the room size,
as well as adding accessory uses such as the restrooms. A stand-alone building will probably require
approximately 2,000 square feet. The
cost of construction for those types of buildings in this area is approximately
$200 to $250 per square foot. You need
to determine the potential savings based on the size of the building as well as
the different uses. For example, if you
spend $500,000 to build an addition to another structure for the fire station,
you may potentially save 20% to 25% because of some common features. There is also the potential of cost sharing
for the joint use of some buildings. The
community may eventually want this building for other uses. There is enough room on the land to erect a
larger building at some point in time.
Again, I am not certain what the community is looking for.
Mr. Mack asked are you talking about
$500,000 for the building itself?
Ms. Dillon responded we also need to
add maintenance.
Mr. Mack stated I discussed with Mr.
Gatti and Mr. Colletta where we stood on cost structure. He told us you can own half the property and
raise one-third of the money, which will be a red flag to the manager. He believes the county may erect and own the
structure, and give us priority use. We
will still raise one-third of the cost, but be given priority use which will be
determined by Mr. Cox. A children’s
playground will also be included. We
believe this is the most feasible way to proceed.
Ms. Dillon asked who will be
responsible for liability?
Mr. Mack responded the county will
be responsible.
Mr. Ziko stated I understand the
county leases parks in
Mr. Mack responded all of this must
be included in the contract. The fact
that we are putting the money up front is attractive to the county.
Ms. Dillon asked what money are you
referring to?
Mr. Mack responded I am referring to
one-third of the deposit.
Ms. Dillon stated if they are going
to own the property, why would we want to give them one-third of the price?
Mr. Mack responded you would do this
to make them more interested in building the structure which they would own.
Mr. Ziko asked are they
incorporating this into the fire station?
Mr. Mack responded the county will
handle this. The one-third deposit which
we will raise for this project ensures us priority use for the building, even
though the county will maintain it.
Mr. Lambert stated the additional
cost for the extra room will cover the property which we already agreed upon
with no additional costs.
Ms. Dillon asked are we going to
purchase the property and pay one-third, and is the county going to pay to
erect the building?
Mr. Mack responded that is correct.
Mr. Ziko asked are they separating
this out between the county, fire district and EMS?
Mr. Mack responded they are trying
to combine these entities. Once this
happens, the county will own the building.
We will own one-third of the property.
Since we are investing in this project, we will have priority use of the
building.
Ms. Dillon stated we purchase the
property for approximately $200,000 with the county and they build and maintain
the structure, and in return we get use of the room. Are we authorized to furnish this room?
Mr. Mack responded absolutely.
Ms. Dillon asked what if someone
wanted to rent the room for a major social function such as a wedding?
Mr. Mack responded this is up to the
county.
Mr. Lambert stated I believe there
will be some restrictions. I do not
believe alcoholic beverages can be served.
Mr. Ziko asked will we have a tax
liability?
Mr. Mack responded no. This is the only way I can see us getting
involved.
Ms. Dillon stated I am looking for
negative aspects.
Mr. Lambert stated one negative
aspect is the problems occurring at the weir on the weekends. This will not be attractive for those who use
the playground and picnic area.
Mr. Mack stated the playground is
for community members only.
Ms. Dillon asked can we disallow the
playground?
Mr. Mack responded yes.
Ms. Dillon stated I personally do
not want a playground.
Mr. Ziko asked is the county going
to be responsible for maintenance liability?
Mr. Mack responded this is correct
since the county is going to own all of the fire stations.
Mr. Mack stated we read in the paper
this morning the county may experience a $180 million shortfall. If this happens, there will be no fire
stations. Mr. Colletta asked Mr. Gatti
and me to put together a letter stating this in order for him to follow up on
it.
Ms. Dillon asked should Mr. Cox get
involved?
Mr. Mack responded it is not a legal
matter, but a statement of intent. I
believe this is the best way to proceed.
Although there are small issues we have to work out along the way, I am
certain Mr. Cox will become involved when there is a contract.
Mr. Bissell asked is a motion
required?
Mr. Cox responded you may want to do
this by motion in order to substantiate your intent in the minutes.
Mr. Bissell asked how should the
motion be expressed?
Mr. Gatti responded we owe
Commissioner Colletta a letter which outlines Mr. Mack’s discussion with the
Board in order for him to proceed through the manager. The letter should state what is being
proposed. In other words, the letter
must be framed for his use.
Ms. Dillon stated the letter should
indicate the Board approves going forward.
Mr. Gatti stated the letter will be
signed by Mr. Bissell at the consensus of the Board.
Mr. Cox stated the letter should
state the project is good for the community and if the county reaches a certain
level of commitment, we will obligate ourselves to the remainder.
Mr. Gatti stated Mr. Colletta was
looking to present attractive aspects to the county Board. The recommendation of a park opens this up as
a positive aspect for the Board. He is
not necessarily suggesting we have a park, but raised it as a possibility.
Mr. Cox stated I believe Mr. Benson
can speak to this, but I believe there is not going to be room for a park by
the time we install the associated drainage for the fire station and community
center.
Mr. Mack stated the park will not be
large.
Mr. Benson stated I believe the
county is trying to allocate resources in order to meet different goals, one of
which is for parks.
Mr. Gatti stated this is the whole
purpose. I believe this may be
attractive across the street because of the fishing.
Mr. Ziko asked can we indicate what
the county wants to hear in the letter?
Mr. Cox responded the best way to
proceed is for Mr. Mack to write what he just discussed with the Board and give
it to us to review and make any necessary changes.
Mr. Mack stated Mr. Gatti and I will
handle this.
Mr. Ziko asked is there a timeframe?
Mr. Mack responded the last E-mail I
received through Mr. Bigelow was from Mr. Somers who was looking for a 30-day
extension to put his proposal together three weeks ago. Therefore, he is due to come out with a proposal
from EMS. I spoke to Paul last week and
he already added the fire station to the 2007 budget. There is a major power struggle going on
between EMS and fire personnel, which Mr. Colletta addressed. We are trying to prevent this situation from
escalating since he wants to have everything in line.
Mr. Ziko asked how is EMS funded?
Mr. Cox responded EMS is funded
through general revenue funds and is one of the few entities courts have found
which do not meet the special benefits to be funded by special
assessments. Since fire departments are
eligible, the funding mechanisms are different.
If you allocate more to EMS, you must pay it through general fund
revenues from property taxes. I believe
police, fire and EMS functions are going to be combined under a single public
safety entity which will challenge the special benefits in order for them to
fund it for special assessments if the state turns to property tax
revenues. Counties and cities are going
to be looking at special assessment funding mechanisms for special districts as
lost revenues.
On MOTION by Mr. Lambert
seconded by Ms. Dillon with all in favor Mr. Mack was authorized to draft a
letter to Collier County committing the District to fund one-third of the
property cost with Collier County and the fire district for the fire station
property subject to review by the Board, the attorney and the District Manager.
Mr. Teague stated I have two items
for consideration. The first is a
short-term, tax exempt bond through the Florida Local Government Finance
Program for approximately nine months.
The cost of issuance is included and you can borrow $500,000 which is
what we were discussing at the last meeting.
The six-month interest rate is 3.59%.
The other option is a three-year loan for $500,000 from SunTrust at
5.46% as of March 6, 2007. The cost of
issuance is similar and this is also tax exempt. The only advantage is SunTrust offers a
longer term on the loan.
Mr. Bissell asked can we prioritize
our projects and delay something we have been working on in order to proceed?
Mr. Benson responded there are many
projects we have been putting out to bid and trying to fit everything in with
the funding.
Ms. Dillon asked do we also have to
come up with $500,000?
Mr. Mack responded you may have to
come up with the full amount in the interim until this goes through. We hope to have an answer by then, so we do
not have to be concerned about it.
Ms. Dillon stated we may have to
come up with $500,000 and seek reimbursement by the government at some point.
Mr. Mack stated we also have the
option for a long-term lease with the fire and EMS departments.
Mr. Teague stated you have $500,000
in your reserves, which is going to take away from other projects. According to the cash flow analysis we did last
month, your reserves are going to run out.
Ms. Dillon asked when is this going
to occur?
Mr. Teague responded I believe you
have enough to get through this fiscal year if you delay other projects.
Mr. Ziko asked how soon will we be
reimbursed?
Mr. Mack responded you should be
reimbursed as soon as the County Manager approves it.
Mr. Ziko stated this is going to be
for a short term.
Mr. Mack stated I believe we are
looking at six months.
Mr. Teague stated you can cover it
for six months, but you do not have the $200,000 if you keep all of the
projects on the books. You really do not
have enough funding for everything you are currently committed to.
Mr. Bissell stated perhaps we should
prioritize again. I do not like to
borrow money.
Mr. Lambert stated sometimes we do
not have a choice and I think we are in a situation in which we have to
proceed.
Mr. Ziko stated I wonder if SunTrust
is going to be able to do this quicker than the other one. If we rely on a government loan proposal, we
may not be able to do the fire station.
Mr. Teague stated SunTrust can turn
this over fairly quickly. The other
advantage to SunTrust is that it is a three-year loan as opposed to a maximum
of nine months.
Mr. Ziko asked is there a prepayment
penalty?
Mr. Teague responded I believe there
is.
Ms. Dillon stated we have to give
them 30 days’ written notice.
Mr. Teague stated there is no
prepayment penalty as long as you give them 30 days’ notice.
Mr. Ziko stated once the county
reimburses us, we can pay it back.
Mr. Lambert stated the problem with
the Florida Local Government Program is the length of time it may take and the
fact we may not even get it. We have
these projects planned, but we are slow in getting them executed and
completed. As a result of this lag, I
believe we can spend $200,000, or at least enough to continue paying the loan.
Ms. Dillon stated we really have to
borrow $500,000.
Mr. Lambert stated at least
two-thirds of this amount will be reimbursed to us in a reasonably short
period. Is this an option for the water
treatment plant in the future?
Mr. Teague responded yes.
Mr. Lambert stated I believe this is
a better option than going out for another bond.
Mr. Teague stated it is used
primarily for short-term financing until a bond gets in place, with a maximum
of nine months.
Mr. Ziko asked although we are
considered somewhat of a municipality and the interest rate of 5.96% is fair,
is it possible to contact another financial institution for competitive rates?
Mr. Teague responded we can do this.
Mr. Cox stated I had a few other
districts refinance over the past year and the rate was consistent. I believe one district reduced their rate
last June to 5.75%. However, interest
rates have increased since this time.
Mr. Ziko stated if these people are
willing to deal with us, we may save a lot of frustration.
Mr. Teague stated the rate as of
March 6, 2007 was 5.46%. The formula is
comprised of 67% of the three year Federal Reserve H-15 swap rate plus 250 base
points. Typically, they take a blended
rate of the Federal Reserve funds.
Mr. Cox stated you may be better off
looking at the three-year financial arrangement since you are considering
approximately $375,000 to build the addition or $500,000 to build a stand-alone
building, in addition to your third of the $545,000 for which you are going to
have a long-term obligation.
Ms. Dillon stated for clarification,
if we put up the building we are not liable for it.
Mr. Mack stated that is correct.
Mr. Cox asked what about the
additional classroom space?
Mr. Mack responded this will be
incorporated into the fire station as one building.
Mr. Cox stated you are looking at
$185,000.
Mr. Ziko asked have we established a
firm price for the property?
Mr. Cox responded he indicated in
the letter they are not willing to negotiate the price.
Mr. Ziko asked what is the price?
Mr. Cox responded it is
approximately $545,000 which includes more than 91,000 square feet. We were referring to approximately 2,500
square feet which was the conservation easement.
Mr. Bissell asked are they giving us
the ERCs?
Mr. Cox responded no. The asking price with ERCs was approximately
$1 million.
Mr. Lambert asked does anyone know
how much they are asking for the other property across the street?
Mr. Cox responded he indicated
property on either side of the road with ERCs is worth more than $1 million.
Mr. Lambert stated he thinks the
smaller property is worth as much as the larger one.
Mr. Cox stated either one will
accommodate the uses he has in mind.
Mr. Lambert asked are negotiations
closed?
Mr. Cox responded his letter
indicates he is not prepared to discuss it.
As I understand, he has not thought about it.
Mr. Lambert stated perhaps you can
speak to him again.
Mr. Cox stated we can definitely try.
Ms. Dillon stated the easement land
cannot be built upon.
Mr. Cox stated you have requirements
in your land development code in which 25% of a site must be open space. Therefore, this conservation easement as well
as your landscape easements along Route 41 will be applied to your open space
calculations. As a result, you are not
losing anything.
Mr. Bissell stated perhaps Mr.
Teague can look into any other options such as a local privately-owned facility
since they are usually cheaper for businesses than the larger financial
institutions.
Ms. Dillon asked do we want to
pursue this loan?
Mr. Bissell responded there is no
hurry if we are going to pursue it privately.
Mr. Cox stated you basically have a
commitment letter from SunTrust.
Mr. Ziko stated although the
commitment letter is for $500,000, we will have to increase it by approximately
$50,000.
Ms. Dillon asked why?
Mr. Ziko responded the land costs
$545,000.
Ms. Dillon stated we can take some
funds from reserves.
Mr. Cox stated there will be some
closing costs associated with the deal which will increase the price to
approximately $560,000.
Ms. Dillon stated it depends on how
quickly we get a response from the county.
Mr. Ziko stated we still have to
proceed.
Mr. Cox stated if you decide to
delay signature of this commitment letter, SunTrust will restate your
commitment after 30 days with a different interest rate if it changed. The only issue I was dissatisfied with was
security for water and sewer revenues since I prefer a special assessment. However, Mr. Teague and I can handle this.
Mr. Lambert asked is this the only
negative issue you detected?
Mr. Cox responded that is correct.
Ms. Dillon stated we can use it for
capital improvements even though it states it is for the water and wastewater
treatment plant, and the existing funds for capital improvements will be used
to purchase the property. Will this pose
a problem for the bank?
Mr. Cox responded if the SRF funds
the water and wastewater projects in this part of the state, their interest
rate will be better then either of these two which is a competitive issue. They are also going to look at all of your
other income sources.
Mr. Benson stated our largest future
project is a new water treatment plant, for which we will likely try to do an
inside loan. If it is a large enough
dollar amount requiring substantial time and expense to go through the process,
I believe we will have a better chance to get it. If we do in two years, we are not certain
what the funding availability and competition is going to be.
Mr. Lambert asked is a motion
required to determine whether or not we want to sign the letter?
Mr. Cox responded a motion is
required if you choose to sign it now.
Mr. Lambert asked is the risk of not
signing it now the possibility of a higher interest rate?
Mr. Cox responded this is a
possibility, and you are looking at approximately 150 days before you are going
to have to raise cash.
Mr. Ziko stated I thought it was 90
days.
Mr. Cox stated I will need an
additional $15,000 in escrow at the close of the inspection period which is May
21, 2007, and the final closing date is August 20, 2007.
Mr. Ziko asked can he sell the land
to someone else in the meantime?
Mr. Cox responded he cannot do this
since we have a contract.
Mr. Mack stated I believe it is
important to proceed quickly since Chief Wilson is prepared to build a
temporary station as soon as we take ownership of the property.
Mr. Cox stated it is possible to
close sooner.
Ms. Dillon stated we need to move
forward on this as quickly as possible.
Mr. Bissell stated we do not need to
move forward on the loan.
Ms. Dillon stated I agree with you,
but we should proceed on the property purchase.
Mr. Cox stated we have the contracts
in place. I reviewed the title and there
are a couple of issues which I want to get a better understanding of. However, I do not see anything objectionable
to the title. There is one issue which
should have been handled, but it is so outdated, I believe it can easily go
away. The developer granted a blanket
easement to the telephone company over this entire District. Under this easement, a telephone line can be
installed anywhere on your property.
Mr. Teague stated the easement does
not define anything specific.
Mr. Bissell stated I thought it was
going to cost a little more than $400,000.
Mr. Cox stated the amount did not
include the conservation area. The other
benefit of closing on the property faster is being able to work on your signage
issue.
Mr. Lambert stated there is not much
to be gained by waiting.
Mr. Ziko stated I believe we should
proceed.
Mr. Bissell stated it does not make
sense to borrow the money or commit to it if we are not going to spend it.
Mr. Cox stated the only reason we
wanted to wait 90 days was to ensure the county concurred. If we get the letter out fairly quickly, we
should have an answer within 60 days.
Mr. Lambert stated we can wait until
we get an answer from the county and still have time to process the loan and
make our closing when we want to.
Mr. Bissell stated this should close
in one day.
Ms. Dillon stated this should not be
a problem if we use SunTrust.
Mr. Lambert stated we must ensure
the loan gets processed.
Mr. Mack stated if you are
definitely purchasing the property, I recommend you move ahead.
Ms. Dillon stated I agree with you,
but I believe we can proceed without committing to the loan.
Mr. Ziko stated this is a $500,000
loan which is probably going to run at 5.50%.
Therefore, you are looking at approximately $2,000 per month to carry
this loan. However, we must ensure we
are getting it.
Mr. Cox stated there is a draw
period, and you do not start paying interest until you start withdrawing funds.
Ms. Dillon stated we must process
the loan in order to receive the up-front money.
Mr. Cox stated that is correct. Mr. Teague indicated he can potentially get
letters from more banks in order to give you additional options.
Mr. Lambert asked can you do this
for the next meeting?
Mr. Teague responded I will do this.
Mr. Bissell stated perhaps the
county will give us some feedback. Does
Mr. Colletta talk from the top of his head or does he get in with the County
Manager?
Mr. Cox responded I am impressed
with Commissioner Colletta. Since he was
elected, I have come to respect him.
Ms. Dillon asked what else needs to
be done other than sending the letter?
Mr. Teague responded additional
funding options will ready for the next meeting.
C. Field Manager’s Report
Mr. Teague stated I have OLM’s
review. According to Mr. Dick, their
contract expires in March, which will be the last inspection. Perhaps you want to consider renewing their
contract. Would you like someone from
OLM to attend the next meeting to discuss the advantages of renewing with
them? Mr. Dick will also attend.
Mr. Bissell responded with regards
to some of the irrigation issues which I have worked on with Mr. Dick and Mr.
Edge, I do not believe we are getting our money’s worth from this company. The problems they were supposed to resolve
still exist. It appears nothing was
done.
Mr. Lambert stated I agree we are
not getting our money’s worth.
Mr. Teague stated I believe they
were contracted to do six inspections, but only five were done.
Mr. Lambert stated we had six
inspections during the year, but I expected at least two to be scattered
through the remainder of the year.
Mr. Teague stated it appears they
were doing inspections every other month.
Ms. Dillon stated they did
inspections in September, October, November and January. When will the next one occur?
Mr. Teague responded it will occur
in March.
Ms. Dillon asked when is the next
one?
Mr. Teague responded I need to
discuss this with Mr. Dick because he told me this is the last one. However, it appears there were only five
inspections.
Mr. Lambert stated perhaps we should
schedule the last inspection in three or four months at the onset of the rainy
season.
Mr. Bissell asked can you ask Mr.
Dick to go over this report with Mr. Soto in order for him to determine whether
or not these issues were handled?
Mr. Teague responded the March
report will reflect what was done from the January check list. If something is not done it is reported as an
open item. For clarification, we are not
going to renew the contract, and if there is a sixth inspection we will push it
back several months.
Ms. Dillon stated we want to go
through the rainy season in order to see how the plants do.
Mr. Teague stated I also distributed
two invoices. One is for median
maintenance from Soto in the amount of $1, 750 per month, in addition to your
existing bill. The other invoice is for
repair of the sod around Newport Drive.
Both are estimates.
Ms. Dillon asked is the sod repair
on Newport Drive due to the paving?
Mr. Benson responded I have not
heard of this because on one item the contractor who is paving requested an
extension to do the sod installation since cold weather damage on the sod made
it more difficult to obtain. He said it
may take time to obtain good sod at a reasonable price.
Ms. Dillon stated since it is an
estimate, I believe we should wait on this one until we see what the contractor
does.
Mr. Benson stated I am not certain
what sections he is planning to do under his contract, but some of this may be
the same sod.
Mr. Ziko stated most of the west side
of Newport Drive needs approximately 2’ of sod all the way down to where they
pave.
Mr. Benson stated I believe most of
this is the same sod which may be covered already.
Mr. Teague stated the other invoice
is for a contract increase with Soto in the amount of $1,750 per month, for a
total of $21,000 per year. He has broken
it down to mulch at $3,000; fertilizer at $3,200; pest control at 2,800; and
monthly maintenance at $12,000. They are
all considered annual fees in anticipation of using these services.
Mr. Bissell asked is the first year
already paid for other than mowing?
Ms. Dillon responded that is
correct.
Mr. Lambert stated issues may arise
with pest control.
Ms. Dillon stated you also need some
growing time.
Mr. Lambert stated it probably
involves some mulch replacement, along with maintenance to ensure it looks
good.
Ms. Dillon stated I personally
believe we have to remove some of those plants when they grow. There are so many plants in the median and
when they start to grow, it is going to look like a jungle.
Mr. Edge asked who is currently
maintaining the median?
Mr. Lambert responded Soto is
supposed to be maintaining it.
Mr. Edge stated I do not believe it
is being watered properly. I rode out
there yesterday and today, and it appears some of the grass is dying around
there as well as on Union Road. I also
cannot get to the box which controls the sprinklers.
Mr. Lambert stated you should have a
key. Mr. Soto has the keys and he was
supposed to bring one back.
Mr. Edge stated he may have brought
one back, but did not give it to me. I
am concerned a lot of money was spent on the median, and I am certain it is not
getting watered, since it does not take much to grow grass.
Mr. Lambert asked who works with
Soto?
Mr. Teague responded Mr. Dick works
with them.
Mr. Edge stated I need to discuss a
couple of issues with Mr. Dick.
Mr. Lambert stated perhaps you can
speak to him today.
Mr. Ziko stated there should not be
a problem since the system was set up with a timer.
Mr. Lambert stated it is supposed to
be watering more often than normal to get the new plants settled in.
Mr. Edge stated according to our
SFWMD permit, we are not supposed to be watering at all right now because there
is not enough water going over the weir and it is currently at least 1” below
the weir.
Ms. Dillon stated I believe these
restrictions do not apply to new plantings.
Mr. Cox stated that is correct.
Mr. Edge stated the water level is
below the weir and if I remember reading the permit correctly, it talks about
no watering or no actual use of it.
Mr. Cox stated there may also be
some saline problems.
Mr. Bissell asked has everything
been checked out in order to ensure all of these cycles are working properly?
Mr. Lambert responded the county
sent someone out to repair the damage.
Mr. Bissell asked do we know whether
or not it is working?
Mr. Edge responded I will call Soto
today.
Mr. Lambert stated you should have a
copy of the drawings back there as well as the keys.
Mr. Edge stated although I do not
recall seeing the keys, I have the drawings and I will determine what is wrong.
Mr. Lambert stated you should be
able to open the box and determine whether or not everything is working
properly.
Mr. Teague asked do you want to
amend this contract to include the median work?
Mr. Bissell responded I believe we
have to, but I question the mulch and fertilizer for this first year. They fertilized once per year in October
through the HOA.
Mr. Lambert asked are his rates the
same?
Ms. Dillon responded that is
correct.
Mr. Teague stated some of this work
is not going to be done right away over 12 months.
Mr. Bissell stated we do not need
mulch for the first 12 months.
Mr. Lambert stated the area needs to
be mulched two times per year.
On MOTION by Mr. Lambert
seconded by Ms. Dillon with all in favor the amended contract from Soto’s Lawn
Service, Inc. to include the additional work at the median on Route 41 in the
amount of $21,000 was approved.
Ms. Dillon asked did you get the
warranty issued for Campbell Roofing?
Mr. Edge responded they gave us a
three-year warranty and they are done with the job.
Ms. Dillon stated it looks good.
Mr. Lambert asked are we finished
with the lime sludge hauling?
Mr. Edge responded there are
approximately 10 to 12 loads remaining.
They were delivering this material to Orchid Cove and charging $500 per
load. I spoke to him about it, after
which he gave us a small discount. I
stopped him at 12 loads since I can do this cheaper. I wanted to discuss it with you today since
Orchid Cove wants to use the material for construction.
Ms. Dillon asked can we sell it to
them?
Mr. Edge responded I prefer getting
rid of it for free, if you have no objections.
Mr. Lambert asked do you load the
truck?
Mr. Edge responded we have a
dumpster to get rid of it, as long as you do not object to us taking it there.
Mr. Ziko asked can they take it from
us?
Mr. Edge responded I have no
objection since this will be easier for me.
Ms. Dillon stated he is probably
charging them a delivery fee.
Mr.
Bissell stated we will give it to them if they pick it up.
Mr.
Lambert asked are they using it as fill?
Mr.
Edge responded I believe they need some fill dirt which is already on the site
somewhere, and they will have to dig it out of the ground. They want to use this material to fill the
hole back in and cover it up.
Mr.
Lambert asked can we use some material at the southeast corner of the property
in order to clean the area if appropriate?
Mr.
Benson responded although it is not true building material, it can be mixed.
Mr.
Edge stated I can try to use it, but there is better material around.
Mr.
Bissell stated perhaps we should tell Mr. Edge to get rid of this as
economically as possible.
Ms.
Dillon stated perhaps he can ask Orchid Cove to pick it up.
Mr.
Bissell asked when is your assistant going to start?
Mr.
Edge responded he is working for me as of today.
Mr.
Bissell asked when will he start on a full-time basis?
Mr.
Edge responded he will start on a full-time basis as of next week.
Mr.
Lambert asked do you have a list of things for him to take care of?
Mr.
Edge responded he is pressure-washing the irrigation station today.
SIXTH ORDER OF BUSINESS Discussion
of Open Items
Pump Repairs
Mr.
Edge stated Mr. Dick and I spent some time down there last week doing some
investigation, and determined we can handle much of the work. We already have some parts and ordered the
rest which were delivered. Therefore, we
are going to put the estimate from Bob Dean Supply aside until we believe we need
them.
Mr.
Lambert asked are we going to proceed with the work?
Mr.
Edge responded I actually started the work.
I changed out the pressure gauges, and I am going to change some valves
and pressure switches next Monday or Tuesday.
I believe we can get everything to work.
Our electrical department ordered an electrical device which should get
all of the pumps working. We will
install it after which we should know if anything needs to be rewound. However, three of the four pumps currently
work. I just have to add pressure to
make it work properly. Most of this will
be done by the end of next week. Once
everything is done, I am going to have it painted.
Mr.
Bissell asked how are we doing with the DEP inspection and report?
Mr.
Edge responded we are almost done with the deficiencies on the report. The only issue which is not complete is the
rust and deterioration on the motor at the water treatment plant.
Mr.
Bissell asked when is this going to be complete?
Mr.
Edge responded we need to let DEP know when the job will be done by April 6th. Everything else is done with the exception of
the rusty hose. We will handle both
issues with the water treatment plant at once, but we will have to work with
Mr. Benson to determine what needs to be done.
Mr.
Lambert asked are you referring to the top of the water plant?
Mr.
Edge responded it is part of the cat walk.
Mr.
Benson stated we have been internally aware of the items on their list, and
they have been mentioned in various reports and grouped together as issues
which require attention. Most cleaning,
painting and patching were already taken care of by Mr. Edge. We can expect to have more of these issues as
this plant continues to reach its useful life, and Mr. Edge is on top of
this. They must also do their best to
stay ahead of the DEP inspector.
However, we will not be able to keep patching and painting as the
facility reaches its useful life. We
postponed replacement of the facility until necessary, and I believe the
timeframe is five to 10 years, which is on the horizon.
Mr.
Lambert asked can we get this repaired to the satisfaction of DEP?
Mr.
Edge responded DEP wants a statement declaring what is going to be done along
with a timeframe. I already drafted a
letter to them, but did not bring it to the meeting since it is not done.
Mr.
Bissell stated Mr. Dick told me this would be done as of today’s meeting.
Mr.
Edge stated the welding definitely could not have been done because we had so
many other issues on the list from DEP which also had to be handled.
Mr.
Bissell stated I thought this work had to be done by a certain date. I also thought we did not send a letter to
them until all work is complete as opposed to telling them when the work will
be done.
Mr.
Edge stated I am not certain we can get this done by the time our response
letter is issued to DEP. However, the
letter will state an approximate completion date because we must determine who
is going to do the work since Severn Trent does not have a welding service. We do not have high beam welding capability
which is necessary to stabilize it.
Therefore, we will have to find someone specializing in this type of
work.
Mr.
Bissell stated the gentleman from DEP who called me believed this was a high
priority item which should be handled immediately.
Mr.
Edge stated he fears the same thing is going to happen here which happened at a
plant on Marco Island. However, I
disagree since I am here everyday. I am
concerned it needs to be repaired, and we will do everything necessary to do
so, but I do not believe it is going to fall through within a short period of
time. Our plant is different from the
one on Marco Island. Their system is
more complicated. We have a more
simplistic operation at this plant, and we just need a welding company who can
handle this work.
Mr.
Bissell stated I will be following up on this item.
THIRD ORDER OF BUSINESS Manager’s
Report (Continued)
C. Field Manager’s Report (Continued)
Mr.
Ziko stated I understand you replaced the Stop sign. I noticed over the past month the speed limit
sign disappeared from Cays Drive. We
need a speed limit sign since people are driving too fast on Cays Drive.
Mr.
Edge asked is the speed limit 25 miles per hour?
Mr.
Ziko responded that is correct. The sign
at the entrance is gone. There is one on
Stella Maris Drive, but nothing on Cays Drive.
Mr.
Edge asked what is the exact location?
Mr.
Ziko responded it was located just before Stella Maris Drive.
Ms.
Dillon stated we probably need one closer to Route 41 since Cays Drive is
closer to it.
Mr.
Ziko stated I believe it is approximately 150’ south of the monument on the
right side.
Mr.
Edge stated I will take care of it. The
Collier County Pollution Control also performed an inspection in February,
which went well. Everything passed
according to their standards. We hauled
122,000 gallons of sludge from the wastewater treatment plant this past
Saturday since it was necessary.
However, we have been having issues with sludge hauling at the
wastewater treatment plant ever since I have been here for a few reasons, one
of which is both of our land application sites which were permitted by the DEP
have closed for unknown reasons. This
means we were unable to haul to those sites.
For a while, we were using Jaycee Drain Fill to haul a limited amount to
a Collier County plant each month. I
continued using this since an agreement was made to do so. However, we got cut off from doing this
approximately one month ago which put us in a dilemma in which we were unable
to get rid of the sludge. We contacted
Centigrow Residuals Management Company since they specialize in hauling large
quantities at a time. There are
advantages and disadvantages to this. It
costs $5.6 cents per gallon to process it because you have to get rid of
122,000 gallons at one time. The total
amount is $7,000 to haul sludge, which is only going to take place once every
six to 10 months.
Mr.
Ziko asked do they haul it on a fleet of trucks?
Mr.
Edge responded it is put through a large centrifuge which spins the sludge
out. The clear water goes back to the
plant and the sludge goes into a large dump semi-trailer. It is then hauled to Okeechobee Land Fill for
dumping. There are less regulations and
testing to be concerned about at a landfill.
You have to take care of at least 100,000 gallons in one shot which
takes 16 hours. Although we can no
longer haul sludge to the Collier County plant, they were charging 10 cents per
gallon. Therefore, we are saving a
considerable amount of money by doing it all at one time, every few months. I believe it will be eight months or more
before we have to do this again.
Mr.
Ziko asked do we have the ability to store it on site?
Mr.
Edge responded we are already doing this.
I am taking as much as possible to the other plant which we are not
using, and when I cannot do anything else with it, I get rid of it.
Mr.
Teague asked are they bringing the centrifuge to the site?
Mr.
Edge responded they bring the centrifuge on site along with three semi-trucks
to haul it.
Mr.
Lambert asked was a certain amount of sludge figured into the plant management
contract?
Mr.
Edge responded that is correct. I just
wanted to update you on this issue since it may appear we are spending a large
amount of money at one time, but saving money over the long term.
Mr.
Bissell asked is Severn Trent saving the money?
Mr.
Edge responded I am not certain who is saving the money, but my understanding
of our contract is if we do not spend all of the allotted funds, they go back
to the community.
Mr.
Teague stated this cap is typical in our operating contracts.
Ms.
Dillon stated there is a cap on how much you pick up, and we pay for anything
over the cap.
Mr.
Benson stated Collier County stopped removing septic and other waste material
which had to be hauled from wastewater treatment plants, but they continued
removing it from POI when they were taking other waste. Centigrow Residuals Management Company is
using the same process for wastewater facilities in Lee County. Collier County also hauls its sludge to
Okeechobee Landfill. Apparently, sludge
processing, dewatering and disposal are limited in this part of the state.
Mr.
Teague stated they do this throughout the country. As a matter of fact, it is the largest sludge
disposal firm in the country, and possibly the world.
Mr.
Edge stated two residents, the Taylors on Newport Drive and the O’Quinns on
Newport Cay, had major water leaks on their properties a couple of months
ago. I witnessed one of the leaks in
which the water was not running into the sewer, but out of the seawall into the
water. I want to know if it is possible
to credit their sewer rate since it is a considerable amount of water. They already paid their water bills, but I
told them I was going to discuss this with the Board.
Mr.
Ziko asked is this potable or irrigation water?
Mr.
Edge responded it is potable water.
However, the water which was wasted ran into a lake and did not go back
into the sewer vents. Therefore, they
just want to determine whether or not they can receive a credit on their sewer
rate for that month.
Ms.
Dillon asked have we done this before?
Mr.
Cox responded you can estimate it by using their average consumption.
Mr.
Edge stated I wanted to ensure this was acceptable to the Board.
Mr.
Lambert stated you must determine the number and send it to Accounts Payable,
and they will credit the sewer portion of the bills.
Mr.
Edge stated we are having a pre-construction meeting with Parkson Corporation
for the MBR system on Tuesday.
Ms.
Dillon stated I understand water loss has decreased. Did we ever determine why December was high?
Mr.
Cox responded it is still high.
Ms.
Dillon stated it decreased considerably since December.
Mr.
Edge stated we are installing a number of meters in Orchid Cove, which is
helping. However, I added another column
there which is called, Unaccounted-For
Water. This is water I use at the
plant. I run the tap water all day to
ensure the drinking water is acceptable, and this includes water I use for
batching chemicals together. It appears
to be a large number since we use quite a bit of water over a month’s
time. This is just an estimate from me,
but I believe it is close to being accurate.
Since this does not account for the largest loss, I hope it is going to
get lower within the next two months, especially since I started reading the
meter at Orchid Cove and different places and the monthly readings have been
accurate.
Mr.
Benson stated with regards to the new connection for the marina and boat slips,
there were potential problems in the existing system which is being taken care
of. This property eventually is going to
have new master meter along with other things in the works which may also
reduce the unaccounted-for water. Some
of this may remove the loss and some of it may transfer to the other side of
the meter, which covers the customers.
Flushing of the water lines which DEP requires to be done was mentioned
in the inspection report. How do you
estimate the water amount for flushing?
Mr.
Edge responded this is part of the same project, but we had to physically
handle the mechanical valves with the lines.
The two automatic blow offs are at 150 gallons per minute when they go
off.
Mr.
Benson asked do you keep track of this?
Mr.
Edge responded I know they run for 10 minutes, three days per week on each
side.
Mr.
Benson stated I assume you do the same kind of estimation on the manual
flushing.
Mr.
Ziko asked do you need some sort of accounting for the flushing?
Mr.
Cox responded you said it was included in your other account.
Mr.
Edge stated I have to do a spreadsheet showing use.
Mr.
Ziko asked do they want a date and time to physically open the valve?
Mr.
Edge responded I am working on this. We
actually have a program with the updated material.
Mr.
Benson stated we prepared a map with all of the valves and came up with a
procedure. Did you find those documents
when you came on board?
Mr.
Edge responded I found them and when he asked for information, I showed him
what we had which was not enough for him.
Mr.
Ziko stated we have two automatic valves, and I believe there is at least three
to five manual valves on the east side.
Are all of those documented?
Mr.
Edge responded I am working on putting all of this together on one spreadsheet.
Mr.
Ziko asked does this happen once per month?
Mr.
Edge responded it does not have to occur once per month. DEP wants to do this as often as necessary in
order for us to maintain a residual of at least .2 parts per million at the end
of the line. I do not believe we are
having a problem. The day he was across
from Mr. Gatti’s house, he got a .7 at end of the line and there is not much
usage out there. They just want more
documentation, which I am going to give.
Mr.
Benson stated it should be at .2.
FOURTH ORDER OF BUSINESS Attorney’s Report –
Discussion of Purchase of Fire Station
Ms. Dillon stated you were going to
speak further to Mr. Agnelli with regards to Orchid Cove.
Mr. Cox stated we have not been able
to get everyone together yet.
Ms. Dillon stated we discussed the
possibility of foreclosing on the North Hotel and what is involved in removing
them from the county tax roll since the money he owes us is only going to
continue increasing.
Mr. Lambert stated I thought we said
the county will do so automatically.
Mr. Cox stated this past years’ tax
certificate was stricken off to the county.
This will occur in May of this year, and two years from this date the
county triggers the tax deed process and it goes up as land available for taxes
and something is going to happen within the next two years. However, I believe something will happen
sooner because he has bank financing and they will not allow this to continue,
in which case they will threaten to foreclose the title.
Ms. Dillon asked will it be
beneficial for us to do anything yet?
Mr. Cox responded I do not believe
so. Once you levy the assessment against
the property, they must pay it by the following March. It has to be delinquent for one year before
foreclosure proceedings can commence.
Since the assessment was levied in this year’s budget, it will be March
31, 2009 before you can commence foreclosure proceedings.
Mr. Bissell asked has the county
paid us the money he owes and they are without it?
Mr. Cox responded we are without it.
FIFTH ORDER OF BUSINESS Engineer’s
Report
Mr. Benson stated I was in and out
of the office the week this letter was sent and I apologize for not E-mailing
it to you. This relates to questions
regarding the paving contract with Better Roads, Inc. There is a series of requirements and state
statutes for government agencies with regards to prompt payment of
contractors. After going through an
evaluation for a Request for Payment, we reduced their pay request by
$14,000. However, $152,000 was already paid
for work which was complete, but $89,412 of their contract amount remains and
most of this is actually for work which was complete but was not part of the
retainage or other issues. Therefore, we
are holding enough money for them to do the work they told us at the sufficient
amount. We worked with them in our
office and we have an agreement they will take care of the items we identified
as deficient in the letter we talked about at last month’s meeting. They are also going to do some sod work. We believe this is a good contractor, they
have every intention to complete the project and we are not concerned they will
not do what they are supposed to do. It
is just taking them more time to fit some of this into their schedule.
Mr. Lambert asked is a motion
required?
Mr. Benson responded no. It is part of a contract you already signed a
long time ago.
With
regards to the contract you awarded at last month’s meeting to Gulf States for
the electrical service upgrades at the water and wastewater plant, we sent the
paperwork to them. They signed all of
the required documents and they should start work shortly.
With
regards to the wastewater treatment plant project, there is an on-site meeting
on Tuesday with Mr. Edge, Mr. Dick and our project manager with the
contractor. They are in the process of
shipping all of the equipment. We made
sure nothing was shipped prior to this, in order to avoid forcing them to store
the material in an appropriate environment instead of on site. The material should arrive this month.
Mr. Ziko asked is all of the site
preparation done for receipt of the material?