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
Bob
Dick Field
Manager
Robert
Edge Field
Operator
Tom
Mack Staff
James
Shucart POI Hotel &
Thomas
Bradshaw Resident
Roger
Ducoffre Resident
R.
Gulledge Resident
Nancy
House Resident
Jim
Kendrick Resident
George
Kramer Resident
Rudy
Kumpf Resident
Jean
Kungle Resident
Doug
McCullough Resident
Maggie
Merzelle Resident
Jim
Meister Resident
Duane
Otto Resident
Gary
Pelkey Resident
Chuck
Russell Resident
Peter
Saalprank Resident
Ron
Schwartz Resident
David
Taylo Resident
Ted
Townsend Resident
Tom Weis Resident
FIRST ORDER OF BUSINESS Roll
Call
Mr. Bissell called the meeting to
order and Mr. Teague called the roll.
SECOND ORDER OF BUSINESS Approval of Minutes
A.
Verbatim
Minutes of the March 9, 2007 Meeting
B.
Summary
Minutes of the March 9, 2007 Meeting
Mr.
Teague stated it was requested at the last meeting to give you both a summary
and verbatim set of minutes. Although
the information is the same, the difference is 46 pages as opposed to 19
pages. However, the Board should approve
whichever set of minutes you are most satisfied with.
Mr. Lambert stated I read parts of
the summary minutes prior to reading the verbatim version and I found much less
to be desired in using the summary minutes.
If there is no difference in cost to do this, I believe it is in our
best interest to spend more time reading verbatim minutes.
Mr. Ziko stated I agree.
Ms. Dillon stated I realize it
involves more of our time, but I do not like summary minutes.
Mr. Bissell stated I agree.
Mr. Gatti stated I prefer the
summary minutes. I have been with four
organizations, and a couple of them always had the verbatim minutes on record
electronically with the summary minutes written. Therefore, verbatim minutes were available,
but it was not necessary to produce them.
Mr. Bissell stated each Board member
received a copy of the verbatim minutes of the
Ms. Dillon stated on Page 17 in the
twelfth paragraph
Mr. Gatti stated I wonder if those
corrections really make a difference in the scheme of things since everyone is
aware of the intent.
Ms. Dillon stated I understand what
you mean, but it is possible we may go back to these minutes in the future and
question what was said.
On MOTION by Ms. Dillon
seconded by Mr. Ziko with all in favor the minutes of the
THIRD ORDER OF BUSINESS Public Hearing to
Consider the Adoption of a Rule for Signage on CID Property
Mr.
Bissell opened the public hearing to consider adoption of a rule for signage on
CID property.
Mr. Bissell stated this was
published in the newspaper and Ms. Dillon will read it.
Ms.
Dillon read the rule to the audience.
In accordance with Chapters 120 and 190,
Florida Statutes, the Port of the
Islands Community Improvement District (the “District”) hereby gives notice
of its intent to develop rules establishing:
1) FINDING OF FACT. Increased numbers and sizes of signs, as well
as certain types of signs distract the attention of motorists and pedestrians
and interfere with traffic safety. The
indiscriminate erection of signs degrades the aesthetic attractiveness of the
natural and manmade attributes of the community and thereby undermines the
economic value of the community and permanent economic growth. 2)
PURPOSE AND INTENT. It is the intent
and purpose of this rule, and it shall be interpreted, to promote the health,
safety, convenience, aesthetics and general welfare of the community by
controlling signs which are intended to communicate to the public and to
authorize the use of signs which are: A)
compatible with their surroundings; B) designed, constructed, installed and
maintained in a manner which does not endanger public safety or unduly distract
motorists; C) appropriate to the type of activity to which they pertain; D) are
large enough to convey sufficient information and small enough to satisfy the
needs for this rule; E) reflective of the identity and creativity of the
community. 3) UNAPPROVED SIGNS ON PROPERTY OWNED BY THE PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT PROHIBITED.
A) All signs erected on property owned by the Port of the Islands
Community Improvement District must be approved by the Board of
Supervisors. B) Any sign erected on
property owned by the Port of the Islands Community Improvement District
without approval of the Board of Supervisors are prohibited and shall be
subject to immediate removal without compensation to the owner of the
sign. C) All signs presently existing on
property owned by the Port of the Islands Community Improvement District must
be removed within ten (10) days of the effective date of this Rule. 4)
APPROVAL PROCESS. A) Prior to
erecting any sign on property owned by the Port of the Islands Community
Improvement District, the person proposing the sign shall submit a detailed
graphic depiction of the proposed sign showing the location, dimensions and
content of the sign. B) All signs must
be consistent with the community appearance and include the “Heron and Sunset”
logo. C) The submitted graphic depiction
shall be included in the next regular Board of Supervisors meeting agenda for
consideration. D) Approval shall be by
majority vote of the Supervisors present and constituting a quorum. 5)
EXEMPT SIGNS. A) All signs owned and
maintained by the Port of the Islands Community Improvement District or
Adopted
Mr. Lambert asked will the sign out
front at the hotel entranceway have two years to be removed before they talk
about selling condominiums?
Mr. Cox responded the exempt signs
are posted.
A
resident asked what is the status of negotiations with the hotel over the sign Mr.
Lambert referred to?
Mr. Cox responded the posture of
having this rule in place signifies they may come to the Board for approval or
it is going to be removed.
Ms. Dillon stated I believe Mr.
Teague gave a copy of the proposed signage rules to hotel personnel last month. Therefore, they are aware of this.
Mr. Bissell stated this was
advertised.
On MOTION by Mr. Gatti
seconded by Mr. Ziko with all in favor the public hearing to consider adoption
of a Rule for Signage on CID Property was closed.
There being no further questions or
comments,
Ms. Dillon moved to adopt
the Rule for Signage on CID Property and Mr. Ziko seconded the motion.
Mr. Bissell called for a voice vote.
On VOICE vote with Mr.
Lambert, Mr. Ziko, Ms. Dillon, Mr. Gatti and Mr. Bissell voting aye, the Rule
for Signage on CID Property was adopted.
Mr. Lambert asked should we initially
note the names of realtors in violation in order for you to send them a notice?
Mr. Teague responded we can do this.
Mr. Lambert stated there are not
many realtors working out here.
Ms. Dillon stated we need to look at
the plat which Mr. Benson brought in order to ensure the signs are on our
property.
Mr. Benson stated Mr. Cox and I are
prepared to discuss this.
Ms. Dillon stated perhaps we should
discuss it now.
Mr. Lambert stated I am concerned
with the area at the turn across the end of the hotel on
Mr. Bissell stated it appears from
looking at this map the building at the entrance does not belong to us.
Mr. Cox stated Mr. Benson and I
discussed this issue yesterday. According
to the deed we have from POI which is recorded at OR 21/22, Page 518, we own an
easement which is 184’ wide by 92’ on each side of the center line on the
roadway at
Mr. Ziko stated you referred to the
North Hotel somewhere on this line.
Ms. Dillon stated he is referring to
this line over here.
Mr. Ziko stated I thought he was
referring to this line.
Mr. Cox stated if you disregard the
deed we have for the District, we own the area at the rectangular line coming
into the parking lot which almost goes into the marina building. However, the county and the South Hotel
people have information stating we only own to this line including the sales
center, which must be reconciled.
Mr. Ziko asked is the sign on the
front of the sales center on our property?
Mr. Cox responded this appears to be
the case since the point in this section is outside of the square. The District owns the area on Sunrise
Cay. We only have easements over
Ms. Dillon asked are you referring
to
Mr. Cox responded we do not own from
this point back.
Ms. Dillon asked who owns it?
Mr. Cox responded Port of the
Islands, Inc. owns it.
Ms. Dillon asked who are they?
Mr. Cox responded they are a wholly
owned subsidiary.
Mr. Bissell stated I believe the
name of the company is California Resorts.
Mr. Cox stated I have contact
information for them. We do not own the
roadway on Eveningstar Cay. However, I
have the contact information for the owner’s agent. We have the easement on the plat. I spoke to them when we did research a couple
of years ago and they were perfectly willing to give us deeds, but the Board
decided against authorization for me to pursue it. We own all of
Mr. Benson stated they own the water
management and conservation areas.
Mr. Cox stated we own the road on
the north side which goes beyond the water plant to the wastewater treatment
plant as well as the road going toward the well.
Mr. Benson stated you have an
easement for the wetlands area as well as an access easement all the way out,
and you own 60’ wide out to the location of the wells.
Ms. Dillon asked what is involved in
obtaining the land which the people are willing to deed to us? Are there costs involved?
Mr. Cox responded since Port of the Islands,
Inc. was willing to give us quit claim deeds approximately two years ago, I am certain
they have not changed their minds. It
involves preparation of the deeds which must be sent to them, and they must
send them back accordingly. I am certain
Harbor Club will also be happy to dispose of anything they own out here.
Mr. Bissell stated this still leaves
many unanswered questions for me.
Mr.
Cox stated I will try to answer them.
Mr.
Bissell asked is there a 10’ easement on each side of Stella Maris Drive?
Mr. Benson responded there is an
easement for utilities. You have a road
easement as well as a utility easement on each side. However, you do not have a road access
easement at the end of the road since it is privately-owned, but there is a
utility easement for the water line. The
easement is slightly wider than 10’ at the end of the street because of the
cul-de-sac.
Mr. Bissell asked who owns the
sidewalk on the south side of Stella Maris?
Mr. Lambert responded the property
owners own the sidewalk. The pins for
the last corners are set approximately 2’ from the sidewalk between the
sidewalk and the curb. I have the same
situation on my property as well as another resident at the other end.
Mr. Bissell asked is it our personal
responsibility to repairs the sidewalk if it is damaged?
Mr. Lambert responded I believe so.
Mr. Benson stated the road access
easement on Stella Maris Drive is 40’ wide.
Mr. Cox stated you have 20’ for
access and 10’ on each side of the road.
Mr. Benson stated the utility
easement does not allow for water and sewer lines.
Mr. Bissell stated I understand
there is some proxy about perhaps planting some trees on the north side.
Mr. Cox stated the road is dedicated
to the District with responsibility for maintenance going to the HOA. Therefore, the sidewalks located within the
area will have to be maintained by the HOA unless you vote to accept maintenance
of the road. We also indicated we are
going to maintain Eveningstar Cay and Newport Drive, but if you want to own these
roads, we must obtain the deeds.
Mr. Bissell asked how close to the
street can planting be done?
Mr. Lambert responded I planned to raise
this issue at the end of the meeting during Supervisors’ Requests. I am the Chairman of the Committee looking
into planting those trees as part of the HOA.
Mr.
Bissell stated you should ask the question.
Mr.
Lambert stated I plan to ask about this.
However, I believe if we plant those trees within 10’ of the curb, the
CID has no authority over this area.
Mr. Cox stated the planting cannot interfere
with our utility easement as well as the right of ingress and egress.
Mr. Lambert asked does planting a
tree in the center of the area between the curb and the sidewalk interfere with
utilities?
Mr. Cox responded I am not certain
where utilities run in this area.
Mr. Lambert stated it should not be
a problem if they did not disturb the utility when they planted the tree,
depending on the type of tree.
Mr. Cox stated you may not know whether
or not the tree is going to buckle the road until you see how large it grows.
Mr. Bissell asked what about the
remaining roads such as Wilderness, Windward, Venus and Sunset?
Mr. Cox responded we own those
roads.
Mr. Bissell stated those are taken
care of by the individuals with the exception of the east side.
Mr. Ziko asked does the roadway on
the Cays also have another 20’ from the center line on each side?
Mr. Benson responded my exhibit did
not show the drainage easements in the Cays.
Mr. Ziko asked are those considered easements
as opposed to property we own?
Mr. Benson responded that is
correct.
Mr. Ziko stated my property is on
Venus Cay and I was under the impression it started on the back side of the
sidewalk to the center line on the street. This is stated on my plat which I received
from the surveyor.
Mr. Benson stated the road is owned
by the CID and it is wider than the width of the pavement.
Mr. Cox stated it appears to be 25’
on each side.
Mr. Ziko stated the sidewalk must also
belong to the CID since 25’ from the center line goes right to where I said,
and my lot starts on the back side of the sidewalk.
Mr. Benson stated it may be the back
side of the sidewalk.
Mr. Ziko stated we are looking at a
50’ area with 25’ on each side, which is what we mow on the empty lots.
Mr. Lambert asked are there any
advantages or disadvantages to us owning the property as opposed to having
easements?
Mr. Cox responded the only
difference is with regards to your signage rule. An easement will not allow you to enforce
this rule.
Ms. Dillon stated Newport seems to
be the real source for the sign problems, since we determined the hotel sign is
definitely on our property. There are
also signs along Newport on the north side which I believe are on our property
since they are adjacent to the road.
Mr. Benson stated I suggest the
Board be careful with use of this exhibit.
We purchased the aerial photographs from the county, and we overlay
these lines. As a result, there is some
stretch and things in different places on the aerial photographs. Although we try to be as accurate as possible,
you will notice there are few places where it is obvious we are a few feet off
where we drew our lines. For example, the
cul-de-sac comes up short in Windward Cay.
The measurements are based on the information we have. You can easily look at something in which the
home appears to be close to the line. However,
it must be verified.
Mr. Lambert stated I believe we
should own Stella Maris Drive, Eveningstar Cay and Newport Cay in order to be
consistent with everything else.
Mr. Ziko asked what about Sunrise?
Mr. Cox responded we already own
Sunrise.
Mr. Lambert stated I believe we
should be consistent with what we have done here as long as it does not make a
difference.
Ms. Dillon stated I am concerned whether
or not we can remove these signs today or over the weekend. There is a sign along Newport Drive across
from the marina on the right-hand side which points to the marina. I believe this is on our property.
Mr. Bissell asked how many feet from
the road exit do we own?
Ms. Dillon responded we own 92’ from
the center of both sides.
Mr. Ziko asked is this the center
line of the median?
Mr. Cox responded the center line is
defined by the conveyance.
Mr. Benson stated the pavement
center line on the road does not match the center line in the legal description
because it is well within it. I am not
certain what their intention was when they wrote the description. Perhaps they wanted to ensure everything was
covered. Although the road is within it,
a surveyor must stake a couple of points along the side of the road in order to
determine how far it is.
Ms. Dillon stated the party who has
the sign can come to the Board and request approval to put it there.
Mr. Ziko stated it appears to be
approximately 20’ to 25’ off of the edge of the road, as opposed to the center
line of the road.
Mr. Benson stated although it is a
center line description, it is not the center line of the road for this
particular issue. On some of these other
ones, the center line of the road is the center line of the property
description.
Mr. Ziko asked is any part of the
median our property?
Mr. Benson responded anything on the
median is clearly on your property starting from the first 1,400’ going from
Route 41 back.
Mr. Ziko asked does this extend all
the way down Sunrise Cay?
Mr. Benson responded that is
correct. According to the description,
it is 1,426’ lining up to the seawall.
If you line up the north seawall at Sunrise Cay, this is our property.
Mr. Bissell stated I want to know if
we own the property at the east entrance to Newport Cay because some of the
vehicles which are parked over there may be on our property.
Mr. Lambert stated we definitely
need to determine where our property line is, which probably should have been done
a long time ago.
Mr. Ziko asked do these aerial
photos have closer views of this area?
Mr. Benson responded we can enlarge
it to any size you want.
Mr. Ziko stated we should have
something which defines the first 1,400’ on the same size paper in order to
have a better idea where these lines are.
Mr. Lambert asked what is the level
of effort to determine the location of our property line in this area?
Mr. Benson responded it probably
involves one day or less for a survey crew to determine.
Mr. Ziko stated we can keep this on
file with Mr. Edge at the plant and we will have a good idea of what we own and
where signs can be put up.
Ms. Dillon stated it will be good
for the community as well. They will
know whether or not they can put a sign up.
Mr. Benson stated you can request a
surveyor to place some permanent monuments in the ground along the area we own.
Mr. Lambert stated there should be
pins in the ground.
Mr. Benson stated this is possible. They would be ones you were certain about in
order to be able to tell your staff the location of the line.
Mr. Lambert stated we must determine
the exact location of the line.
Mr. Benson stated I recommend Mr.
Cox determine which of these two lines are correct. The one which jogs around the sales center
building and along the east side of the road is what the county has on their
website as privately-owned. This line
can also be surveyed to determine the exact location of the signs relative to
the sales center building.
Mr. Ziko asked who put the jog line
you have at Sunrise Cay running north going closer to the road?
Mr. Cox responded the county did
this.
Mr. Ziko asked are we showing it as
the property line?
Mr. Cox responded the deed described
it as the rectangular piece. Port of the
Islands, Inc. did not own the land nor did they convey it to us.
Mr. Lambert stated it is possible
they conveyed something to us they did not own.
Mr. Benson stated there is another
location where the canal pump station is with fewer lines. There is another one which is more
restrictive as well as additional ones we have not found.
Mr. Cox stated I have many different
overlapping issues. The property
appraiser’s office shows SFWMD owns everything within what we are showing as
the easement at ORA 217 Page 278. This
is what we decided to look to as opposed to determining this for the expansion
of the irrigation pump station. We are
going to ask permission from SFWMD for the right to do this. We will send them the diagram along with any
components. If they start to give us a
hard time, then I will get serious about trying to determine exactly what we
have there.
Mr. Ziko stated we are also
responsible for the weir according to this.
Mr. Benson stated according to previous
documents, homeowners gave or sold the canal to the county and the county gave
it to SFWMD. There is probably another
description within this stating they did not own it at the time they gave you
the description. This is extremely
complicated.
Mr. Cox stated I can get the title
company to give me an opinion which may cost us over $1,000. However, it will probably cost more for me to
research this since they do not charge as much per hour as I would.
Mr. Ziko stated I do not believe
they will shut down our pump station.
Mr. Cox stated we have the easement
for the pump station. We will have to
ask SFWMD for the expansion to give us the consent to use additional land they
own or which the county believes they own at this location.
Mr. Benson stated we need to go
outside of the easement.
Mr. Cox stated they probably will do
this, but I do not believe it is a major issue.
I think it is important to determine the status of the discrepancy on
Newport Drive, but I do not believe it is going to be difficult. Mr. Jim Vogel did the title work on
this. I will call him on Monday and ask
him to share his notes with me.
Mr. Bissell asked does the Board
agree we will ask Hole Montes to determine the property lines?
Mr. Ziko responded we should ask for
a decent plat which is enlarged in order to have some idea of where we own it.
Mr. Benson stated it can only be
staked on one side of the road since you cannot do it on the other side.
Mr. Cox stated it is acceptable if
the county is doing the same thing on the west side, but we may need to look at
all of this.
Mr. Bissell stated we should do this
in chronological order.
Mr. Lambert asked should Mr. Benson
do the survey or should Mr. Cox stake this in first?
Ms. Dillon responded I believe Mr.
Cox needs to stake it in.
Mr. Bissell stated we are discussing
the west side. Do you want to wait on
the east side line?
Mr. Cox responded I want to verify
everything.
Mr. Benson stated I believe I should
wait for Mr. Cox to verify the valid description.
Mr. Bissell asked can we have an
answer by the next Board meeting?
Mr. Cox responded I am not certain.
Mr. Bissell stated if you get it
done, perhaps Mr. Benson can have his part done within a couple of days.
Mr. Benson stated we can schedule
the surveyor within one week as soon as I receive the description.
Mr. Ziko stated we will start on the
center island in the meantime.
Mr. Benson stated I do not believe
there is any question on the center island.
However, the property description around the sales center building must
be determined, which may affect the sign location.
Mr. Cox stated if our deed was
recorded first, we own the sales center building.
Mr. Bissell stated will there be
some evidence since the hotel was sold within the last two years?
Mr. Cox responded since Mr. Vogel
was the attorney who did the title work, I will see what he has.
Mr. Ziko stated the line on the west
side of Newport Drive is agreeable with both the county and the deed. Therefore, anything within 15’ of the edge of
the road is our property, and any sign within 15’ of the edge of the road can be
removed.
Mr. Bissell stated they have 10 days
to remove the signs. If they do not
comply, Mr. Edge should remove them.
On MOTION by Mr. Lambert seconded
by Mr. Ziko with all in favor Mr. Cox was authorized to look into the CID
taking ownership of the roadways at the southern part of Newport Cay,
Eveningstar Cay and Stella Maris Drive.
Ms. Dillon stated we know there are
a few signs on our property which are not in a disputed area. The people who own those signs must remove
them and prepare to come to the Board for approval.
Mr. Lambert stated we should compile
a list of those and give them to Mr. Teague to send a letter.
Mr. Teague responded I can do this.
Ms. Dillon asked who is going to
compile this information?
Mr. Lambert responded all of us can
look around and give the information to one person who can pass it on to Mr.
Teague. Perhaps you can funnel the
information to me, and I can send it to Mr. Teague.
FOURTH ORDER OF BUSINESS Manager’s Report
A.
Review of
Projected Cash Flow for Fiscal Year 2007
Mr.
Teague stated we put a cash flow projection in your agenda package which was
difficult to read. Therefore, I passed
out an enlarged version for your review.
We spoke to Mr. Dick, who determined the projects he believed were
absolutely critical or projects which were already started, and included them
in your cash flow analysis. Several
projects have not started because Mr. Benson was on vacation and we did not receive
feedback. Initially, your cash flow
looks positive. Mr. Benson gave us a
list of construction projects from your CIP which include Wastewater 8, 18 and
19. We incorporated it into a new cash
flow analysis, which I distributed today.
The initial one was for the current fiscal year and we extended it
beyond this. According to this
projection, you will run out of cash in the Water
& Sewer Fund after September, but you have money in the General Fund.
Mr. Bissell asked will cash receipts
start to come in November?
Mr. Teague responded that is
correct.
Mr. Ziko asked is the money we are
going to run out of actual funds we are taking in or is this a projection?
Mr. Teague responded this is a
projection.
Mr. Ziko stated in checking our
websites, it appears as though the North Hotel made up one year of taxes in the
amount of $150,000. When you receive
this can you let the Board members know?
Mr. Teague responded I will do so.
Mr. Lambert stated he would have
budgeted this money.
Mr. Cox asked did he indicate he
paid the tax certificate?
Mr. Lambert responded it appears
there is nothing due on 2005.
Mr. Ziko stated he has not paid
2006.
Mr. Cox stated his taxes are going
to show nothing is due.
Mr. Ziko stated I am not certain
whether or not they sold the certificate, but it does not show anything due
from him.
Ms. Dillon asked is this the one
that you told us was taken care of?
Mr. Cox responded I thought it was stricken
off by the county.
Ms. Dillon stated this is what you
told us at the last meeting.
Mr. Ziko asked do we get the money
or does it go into limbo whether or not it was stricken off?
Ms. Dillon responded no.
Mr. Lambert asked can you see where
this situation stands?
Mr. Cox responded I will.
Mr. Teague stated we did not include
$500,000 for the fire station in any of these projections. Therefore, you must add $500,000 as far as
available cash in either of them. Although
I did not indicate it on the agenda, we attempted to get two additional quotes
for financing from Wachovia and Bank of America, and neither of them are in a
position to lend money unless we provide additional data to work with
them. They will not loan the money due
to the previous financial situation with the three properties not paying their
assessments.
Ms.
Dillon asked do they have old data?
Mr.
Teague responded that is correct.
However, we asked the county for more recent data for submission. As a result of both Severn Trent’s and POI’s relationship
with SunTrust, they are willing to approve the loan we submitted at the last
meeting. Although the rate will change,
they feel positive about loaning the money.
Mr. Cox stated Mr. Teague should
bring a submission plan to the next meeting from SunTrust.
Mr. Bissell asked is it absolutely
necessary for us to borrow money?
Mr. Teague responded if you are
going to do the projects which are identified, you are going to need to borrow
the money.
Mr. Bissell asked are there any
projects we can set back until next year?
Mr. Benson responded we already
signed contracts and have contractors working on the first two projects on my
list, and the third one involves the canal irrigation pump station.
Mr. Bissell stated $500,000 will
come from the General Fund, as
opposed to the Water & Sewer Fund.
Mr. Teague stated you are anticipating
using General Fund money to pay for
the water projects. You will not have to
borrow the money if you just do the projects we identified here. Before you get your next assessment, you will
have $955,000 in the General Fund at
the end of this fiscal year, which will decrease to $941,000 in November. If you withdraw $500,000, you will have
$440,000 leaving you with a negative balance of $54,000.
Mr. Bissell asked does our revenue
start to come in at this time?
Mr. Teague responded that is correct. However, this does not take into
consideration some of the projects which are being ignored for a future date,
or other possible contingencies.
Ms. Dillon stated last month we
discussed the possibility of stepping back until you actually withdraw funds. Therefore, you are not expending anything
other than the costs to satisfy the loan and the funds are available for
withdrawal when necessary.
Mr. Bissell asked is there a $2,000
commitment fee as well as a $6,500 fee for document preparation and review?
Mr. Cox responded there are also
recording costs and document stamps.
Mr. Bissell stated we must spend an
additional $10,000.
Mr. Ziko asked are we required to
pay intangibles as a municipality?
Mr. Cox responded that is correct.
Mr. Bissell stated you are looking
at $10,000 for set-up.
Mr. Cox stated you will actually
spend approximately $10,000 to $15,000.
Mr. Bissell stated perhaps I am
being too conservative, but I prefer to wait and maybe we will not have to
borrow $200,000.
Mr. Benson stated there are some
projects on our CIP list which are expected to start next year. We are only showing the ones which are
established as a priority to be done next year.
Mr. Lambert asked does the canal
pump station need to be done in order to get us on line for reuse water?
Mr. Benson responded that is correct
since it is a DEP requirement.
Mr. Lambert stated I personally
believe these three projects on Mr. Benson’s letter need to proceed. We do not want to put ourselves in a
situation in which we must delay other projects not shown on this letter. We must get these plants up and in good
condition, and I do not want to get off track from accomplishing this
work. We should be giving Mr. Benson
some direction to look at a couple of these other projects. We can handle the fire station with a loan
and still keep our projects going, and we are not certain how long it is going
to take the county to pay us back if this all goes through.
Mr. Bissell asked are we going to try
to complete these projects and expend the money by September 30th?
Mr. Lambert responded I hope we can
get a couple of them accomplished.
Mr. Benson stated the 10 projects
which are already under contract will be complete by September 30th. We were delaying the canal pump station project
in order to be able to upgrade the reuse pump at the wastewater plant to make
it all work together. We still have to
determine whether or not we can build it on the property due to the easement issue
we discussed earlier. We were trying to delay
the project as the other ones were winding down for cash flow purposes.
Mr. Lambert asked do you believe we should
start looking at engineering needing to be done on some of these other projects
we want to do next year?
Mr. Benson responded we should do so
at some point. The engineering, other
than engineering during construction, have already been done. The engineering for the canal pump station
and reuse pumps at the wastewater plant has been complete other than necessary
inspections.
Mr. Lambert stated there are some
other projects on our list in which we have not done the engineering.
Mr. Benson stated that is
correct. The next large dollar-wise
project on the schedule is the new irrigation water storage facility at the
wastewater plant. This will allow your
community to be able to keep up with the growing demand as your irrigation
water increases. Since we have plenty of
potable water in other areas, those are not issues of concern. However, the irrigation storage tank will
cost more than $100,000.
Mr. Ziko asked what item number are
you referring to?
Mr. Benson responded I do not see it
here since this list only includes active projects.
Mr. Lambert stated I prefer to keep
the pipes full rather than let them drain out and refill them again.
Ms. Dillon stated I agree with Mr.
Lambert. We should proceed with our
projects and determine what engineering work needs to be done for the next
fiscal year. With regards to the fire
station, we can probably delay it for a couple of months in order to get a
loan. I believe SunTrust will not take a
long time if we need to borrow the money.
Mr. Ziko asked did you submit a
contract proposal to purchase the property?
Mr. Cox responded we are under
contract.
Mr. Ziko asked when does the time
run out in the event we cannot get a commitment from the county?
Mr. Cox responded I have to get my
calendar.
Mr. Bissell stated having
approximately $900,000 remaining at the end of the year assumes the projects
Mr. Lambert was discussing are to be done next year as opposed to this
year. If we continue with what we are currently
doing, the year-end figure will be $955,000.
Why will we have to borrow?
Ms. Dillon responded this is the General Fund which does not reflect
spending on the Wastewater Fund. We were always going to transfer money out of
the General Fund to pay for some of
these projects at the wastewater plant.
Mr. Bissell stated this is why I
asked the question.
Mr. Teague stated you are not doing
all of the projects for this year off of your CIP. According to I-3, the design is underway and
combined with Wastewater 8.
Mr. Benson stated this is the reuse
pump. We previously bid the project more
than one year ago. Since we had trouble
getting contractors, a bid was chosen in the amount of $100,000, which was higher
than expected. Since this contractor
went out of business, we had to get pricing again. Since there was not much interest, we combined
two projects.
Mr. Teague stated we excluded this
water project in the amount of $15,000.
Mr. Cox stated we have until May 21st
before time runs out.
Mr. Ziko asked do we have to make a
decision by this date?
Mr. Cox responded that is
correct. We have a meeting on May 11th.
Mr. Benson stated we are still
holding $18,000 in the General Fund
on the contract for the road resurfacing project until the contractor takes
care of all remedial actions. Therefore,
the balance is still owed under this contract.
Mr. Lambert asked do we have a
prioritized list identifying our next project?
Mr. Benson responded we had this at
one time, but I am not certain whether or not it contains the information you
have today. We made this priority list
almost one year ago, and I do not believe we are carrying the projects in this
documentation since there was no question of cash flow on them. Unfortunately, I do not have my list with
me. You gave us input which we made a
priority list from.
Mr. Lambert asked do you have any
idea what the next couple of projects should be for discussion at the next
meeting?
Mr. Benson responded the next large
project on our priority list is an additional tank for reuse water. It should be a covered tank, and the one we
have will be used as a back-up tank. It
is going to cost approximately $300,000.
Mr. Teague stated I am not certain
whether or not it was prioritized, but it was placed on this list.
Mr. Benson stated we prioritized
them by years based on what you gave us as input. We gave you what we thought the needs were,
got input from the Board and prioritized them by fiscal year in order to spread
all of the work out over time so it is not done all at once.
Mr. Teague stated you have $185,000
in Road & Irrigation, $50,000 in Water and $215,000 in Wastewater for the next fiscal year.
Mr. Ziko asked what is Road & Irrigation in conjunction
with?
Mr. Teague responded this may have
been included this year, but was moved into the 2007 budget. There was $70,000 for road resurfacing and
repairs at Stella Maris and North Cays; and $90,000 for Union Road to Dormitory.
Mr. Benson stated the Board needs to
decide when they want to do the road resurfacing. As you will recall, the project for Stella
Maris Drive and the Cays from Stella Maris out to Route 41 was kept separate
because we were going to wait for the condominium project at Stella Maris to be
complete. The road resurfacing project on
Union Road had some issues with regards to Orchid Cove which needed to be
included in the job. The Board needs to
decide whether or not this is something you will want to do next year or the
year after.
Mr. Teague stated the other project was
swale maintenance in the amount of $25,000.
Mr. Benson stated we have not done
maintenance, but we will need to do so at some point.
Mr. Teague stated $50,000 for water
was for well field upgrades, and there are several wastewater projects.
Mr. Bissell stated next year’s
projects are small compared to this year.
Mr. Benson asked where is the reuse
tank project on the list? Did we put it
out to one more year at the time?
Mr. Teague responded the 300,000
gallon reuse tank project was delayed to 2008 or 2009.
Mr. Benson stated this project needs
to be done sooner rather than later.
Ms. Dillon stated we may have to
push this project ahead next year.
Mr. Teague stated I was hoping to
get some direction on this. The Board
has the following options. You can hold
off on everything; I can bring a loan document or commitment letter from
SunTrust to the next meeting; we can keep trying to get something from the
other two agencies; or you can use your existing cash.
Ms. Dillon stated I do not want to
use our existing cash at this point.
Mr. Lambert stated I believe we
should have a commitment meeting at our next meeting.
Mr. Cox stated this is basically a
meeting where you have to decide on this loan.
Mr. Ziko asked will we have enough
time between the next meeting and the due date for this commitment?
Mr. Cox responded yes. Your meeting is on May 11th and
May 21st is the expiration date of the commitment.
Mr. Bissell asked how soon will we
receive money coming back from the county after we purchase the property?
Mr. Cox responded the county has not
committed any money.
Mr. Bissell stated this is what we
are waiting for.
Mr. Lambert stated we should discuss
this when Mr. Mack arrives.
Mr. Cox stated you may end up
purchasing this property without receiving any money back.
B.
Field
Manager’s Report
Mr.
Edge stated we are doing various work at the plant. We are also working on the irrigation station
by adding pressure gauges and drain lines to make it look cleaner and better
down there. We are also going to start
painting it next week. The plants are
running fairly well.
Mr. Lambert asked what is the status
of the welding repairs at the water plant?
Mr. Edge responded we have a
proposal for the repair work to be done.
Ms. Dillon asked is this in the
amount of $10,000?
Mr. Edge responded that is correct.
Mr. Lambert asked is everything
under control with DEP?
Mr. Edge responded I believe so.
Ms. Dillon asked did you answer the
DEP letter?
Mr. Edge responded yes. I put a work authorization in here for
completion of the grating work. This is
to install a steel channel frame catwalk with aluminum bar grate and aluminum
handrail 36” wide and 177” long at the water plant along with all of the other
necessary work in order for this to take place.
Mr. Lambert asked do you need
anything from the Board in order for this to proceed?
Mr. Edge responded I need a
signature on the work authorization.
Ms. Dillon asked what is the status
of the sludge removal with Orchid Cove?
Mr. Edge responded although they
used what they had, they have not requested anymore.
Ms. Dillon stated you were going to discuss
having them pick it up.
Mr. Edge stated I am still working
on this. Since they have not used it,
they are not ready for it.
Mr. Dick stated the catwalk was an
issue on the deficiency report from the DEP.
It currently has steel diamond plate decking, and there is erosion in
the area between the steel decking and the eyebeams. There is concern about the water treatment plant
failing. We took steps to ensure a
temporary repair was made in the interim.
Since this is a safety issue, we may have temporarily shut down the
plant to do this work. Most of the other
issues have been or are in the process of being handled.
Ms. Dillon stated with regards to
irrigation, we were going to ensure we get with Soto to change the timers since
we only allowed to water two days per week.
Should we send notification to the community or do you believe they are aware
of this issue?
Mr. Edge responded I think we should
send a notification. We definitely need
to rectify what we own, and I will call Mr. Soto today to ensure he knows what
to do.
Mr. Ziko stated this was stressed on
the News yesterday and the hours are from 4:00 a.m. to 8:00 a.m. This is going to be aggressively enforced
since they showed code enforcement people giving out $75 citations. Therefore, I believe everyone in the
community should be aware of this.
Mr. Cox asked does Mr. Genung still
do the newsletter?
Ms. Dillon responded he is not doing
this, but I can post a notice on the bulletin board as well as on the website.
Mr. Lambert stated audience members should
be aware if they leave POI for vacation over the next couple of months and their
timers go off, they should ensure their landscapers are checking them because I
believe the sheriff may also be patrolling areas and giving out fines for
violation of this restriction.
Mr. Bissell stated someone should
look at the boulevard because the small amount of rain we already had caused a
standing water situation. Perhaps Mr.
Dick or Mr. Edge can contact the county with regards to the drainage.
Ms. Dillon stated I noticed this in
areas of new plantings.
Mr. Bissell stated anything under
water for a period of time is going to die.
Ms. Dillon stated I am not certain
who designed it. We did not have much
control over this since the county put it in, but there is a deep gap similar
to a swale in the middle. Although we
did not have much rain, it was absolutely flooded.
Mr. Bissell stated it is still
standing, and after a few days those plants will die.
Ms. Dillon stated I am not certain
who you should contact at the county.
Mr. Dick stated we will contact the
person at the county responsible for this in order to obtain input and
suggestions.
Mr. Bissell stated perhaps the
person can come out immediately after a rain or right now.
Mr. Dick stated we will contact them
and express our concerns since we do not want to lose those plants. However, this is a rather low area to put in
a storm drain system.
Mr. Edge stated the water was almost
up on U.S. 41 during the last big rain.
People coming out of Newport ran into a big puddle of water.
FIFTH ORDER OF BUSINESS Attorney’s Report
– Discussion of Purchase of Fire Station
Mr. Cox stated since we discussed
the property acquisition, Mr. Mack and I will discuss the fire station.
Mr. Mack stated I called Mr. Bigelow
on Monday and asked for input since we were having a meeting on Friday. He told me they were having a meeting on
Tuesday with their staff. I received an E-mail
from him which I distributed to all of you on Wednesday or Thursday.
Mr. Ziko asked did Mr. Cox receive a
copy of this E-mail?
Mr. Mack responded yes. I have some issues I want to discuss with
him, but I would like to hear some questions the Board may have. I will try to answer them the best I can.
Mr. Lambert stated I saw nothing in their
letter indicating they were willing to pay for one-third of this property with
us. Although I do not have a problem
doing this up front, I want to ensure they are going to come up with their
share, which I do not see in this letter.
Mr. Mack stated they must put a
report together for the County Manager, since he decides whether or not to
proceed. Therefore, they are not going
to put something like this in writing.
Mr. Lambert stated I do not know how
far I am willing to go on this if they will not.
Mr. Mack stated they will commit
once they do their due diligence. That
is where we stand.
Mr. Ziko asked is the due diligence
going to go past our contract?
Mr. Mack responded he told me he
already applied for an appraisal to be done which should take 30 days.
Mr. Cox stated it will be right at
the May 11th meeting if we have it in time.
Mr. Mack asked can we get an
extension?
Mr. Cox responded I can certainly
ask. I told them the basic details of
the plan once we received the contract.
The title and survey is fine. The
only remaining issue is whether the county is going to be a participating
partner in this, which they understand.
Mr. Bigelow is fairly reasonable and if we can keep the closing date
fixed he may be flexible on this.
Mr. Ziko asked what was the closing
date set at?
Mr. Cox responded the closing date
is August 21st.
Mr. Bissell stated we do not have
anything in writing from the county stating they will build the station.
Mr. Mack stated they cannot do
anything without going through the County Manager. I know they are definitely interested or we
would not be talking to them. It just
has to go through the whole cycle in order to get to the County Manager. The big issue was money, and they were all
worried about what Tallahassee was going to do with those tax reduction
issues. I believe this is finally
resolved, but I am not certain how this situation will be affected.
Mr. Lambert stated I jotted down a
couple of appropriate issues for us to define and confirm. First of all, we discussed the possibility of
a community building. I do not have a
problem sharing a room as long as we have priority over its use, and I believe
it makes more sense than erecting a separate building. Have we told them we are going to do this?
Mr. Mack responded yes. Although they did not want me to talk to the
Collier County Board of Directors, they did not understand our relationship. Therefore, I explained the relationship Mr.
Gatti and I have with Mr. Colletta. I
told them we meet with him every couple of months to discuss this issue, and we
have been working on this for two years.
As a result, he understood we have a personal relationship. Mr. Colletta came up with the idea of putting
the building on our property and donating a portion of the property for use as
a community center. However, they have
not spoken to Mr. Colletta to ask the Board of Parks and Recreation to look for
funds to do this. They apparently have
the money, but we have not spoken to Mr. Colletta yet.
Mr. Gatti stated we made it clear we
were interested in having a community building as part of this. Commissioner Colletta indicated having a
community building available will be advantageous to everyone, including the county.
Mr. Lambert stated I personally am
not interested in having them build a training facility here, and I suggest you
make it known in our negotiations.
Mr. Mack stated this issue would be
in the final draft of something strictly for fire station use only.
Mr. Gatti stated we told them at the
outset of our conversation we will not consider anything which includes a
training facility.
Mr. Cox asked what about the use of the
community center for classroom instruction?
Mr. Mack responded use of it must be
discussed. The primary purpose which we
discussed was for CID and community meetings.
However, they do not want someone using it everyday, which is why they
want to determine exactly what use is going to be involved, and we are going to
have to define this later on.
Ms. Dillon stated we want a fire and
EMS station. If a community building or room
becomes a sticking point, we should forget it.
Mr. Mack stated I agree with you and
I asked them if we could meet again. He
told me we can sit down again and discuss all of these issues as soon as the
appraisal is done, especially since there are a number of issues which have not
been formally addressed.
Mr. Ziko stated I want to know who
determines the size of the building because according to this letter, they do
not want a detached community center since it is going to take up parking space
in the ingress and egress of the fire equipment.
Mr. Cox stated I believe he means if
too many people are driving out towards Route 41 at the same time there is a
fire call, the emergency vehicles may be impeded. The building itself is not going to impair
ingress and egress.
Mr. Ziko stated I do not believe we
need a separate building as long as we have a room within the fire station
itself.
Mr. Bissell stated if you have the
time you should take a look at the fire station on Davis Boulevard. They have a meeting room there. As a matter of fact, the Stella Maris HOA had
a meeting there. I believe this room
will be large enough for our purposes.
Mr. Mack stated there are a few fire
stations which have this size room. We
need a room which will fit approximately 150 people.
Mr. Lambert stated this size room will
be small for the group we have here today.
Mr. Mack stated Mr. Gatti and I
stressed the fact that the community center can be done later since we will
have to reserve enough land for one as well as give them land necessary for a
fire station.
Ms. Dillon stated a major issue is
the money.
Mr. Mack stated he budgeted $400,000
which will be spent for the land as well as to build a temporary station. However, EMS does not have funds.
Mr. Lambert asked has anyone ever
mentioned to them that if they put a fire station out here it may be a good
idea to have a rescue or fire boat to pump water from?
Mr. Benson responded they have one
on Ochopee which they have not used.
Mr. Lambert stated perhaps we can
bring it up here.
Mr. Mack stated the fact that they
are responding to us can be taken as a positive step. They are going to have a meeting to discuss
it. We are on the Board and according to
summary recommendations, they are extremely interested. They are discussing the appraisal. We may have a problem if they do not want to spend
the extra money for the appraisal.
Perhaps if we get two appraisals for $250,000 and they want $550,000, we
can have an eminent domain. We have two
bona fide appraisals on the property and I know you do not want to go into the
other area, but I do not see it as a problem.
As a matter of fact, the price may be reduced, but I hope the appraisal
is done in order for us to have an idea of where they stand. The main issue right now is getting the
appraisal done.
Mr. Cox stated every appraisal will
be different if you give the appraiser the assumptions to work on.
Mr. Ziko asked does the county
already have an appraisal on this land which comes up on the tax rolls?
Mr. Cox responded you are referring
to an assessment. An assessed value is
generally going to be approximately 80% of fair market value, but the
Department of Revenue has something for document stamp purposes. Your document stamp is available at a fair
market value. They will take the
assessed value and add 15% to it. If you
did the converse of this, it is approximately 80% of fair market value. Although it is a good indicator, it is not an
exact science.
Mr. Ziko stated if we add 20% to the
assessed value, we are still not going to come up anywhere near $500,000.
Mr. Mack stated one of the reasons
Mr. Gatti and I had this meeting was to get their attention because they have
been dragging their heels since the end of October. We did get their attention and now they are
moving forward. We have someone behind
us who is checking on it. However, we
are going to have to do this again.
Mr. Lambert asked will we have to
put more money in escrow on May 21st?
Mr. Cox responded you will have to
put an additional $15,000 in escrow on May 21st.
Mr. Lambert stated t