MINUTES OF MEETING

PORT OF THE ISLANDS

 COMMUNITY IMPROVEMENT DISTRICT

 

            The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held on Friday, June 9, 2006, at 10:00 a.m. at the Egret Room, 25000 Tamiami Trail, Florida

 

            Present and constituting a quorum were:

 

            Richard Gatti                                              Chairman

            Dale Lambert                                             Vice Chairman

            Ted Bissell                                                  Assistant Secretary

            Norine Dillon                                              Assistant Secretary

            Richard Ziko                                              Assistant Secretary

           

            Also present were:

 

            Edward Goscicki                                        Manager

            Dan Cox                                                    Attorney

            Bob Dick                                                   Severn Trent Services

            Tom Mack                                                 Staff

            Dennis McKay                                          

 

FIRST ORDER OF BUSINESS                         Roll Call

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

 

SECOND ORDER OF BUSINESS                    Approval of the Minutes of the May 12, 2006 Meeting

            Mr. Gatti stated each Board member received a copy of the minutes of the May 12, 2006 meeting and requested any additions, corrections or deletions. 

            Mr. Ziko stated on page 30 in the first paragraph it states “the permit for disposal of effluent to the wetlands” anchors should be acres and it also in the next sentence. 

            Mr. Lambert stated on page 34 the second statement by Mr. Benson we were talking about connecting two lakes and not two lights. 

            Ms. Dillon stated on pages 26 to 31 should be Mr. Gassaway and not Mr. Holchek.

 

On MOTION by Mr. Lambert seconded by Mr. Ziko with all in favor the minutes of the May 12, 2006 meeting were approved as amended.

 

            Mr. Gatti stated to go a little out of order Mr. Mack is there anything you want to report on the fire station.

            Mr. Mack responded no, I will have more information after the meeting. 

            Mr. Gatti stated I passed out an agreement between the county and the CID you might want to explain. 

            Mr. Dennis McKay stated the county is asking for a Landscape Maintenance Agreement signed by the CID.  The $300,000 grant was approved for the landscaping in the medians out front by the bridge and now they are to the point where they want a permit and want to get things rolling but they need the Landscape Maintenance Agreement signed by the CID.  It does not mean we are going to construct it means we are going to maintain it. 

            Mr. Gatti stated I faxed the agreement to Mr. Cox asking him to look at it because there was wording in there which bothered me.  It said the CID was going to pay for it and maintain it in its entirety and I am not so sure we can say that. 

            Ms. Dillon asked who decides what they put in there?

            Mr. McKay responded there has been a landscape plan totally made up; you can go to county to see it.

            Mr. Gatti stated we have a copy at the water treatment plan I happened to see; I do not know if it is available. 

            Ms. Dillon stated I know when we talked to Ms. Patricia McKay about it the idea was to put in very low maintenance plantings water wise, mowing and so forth.  I have never seen anything telling us what they are going to put in.

            Mr. McKay stated it is basically some irrigation and there are some specifications about brick pavers and all sorts of things we are not using.  It is just mowing the grass, mulching and irrigation.

            Mr. Lambert asked are they installing the irrigation part of it?

            Mr. McKay responded I do not believe so.  I cannot honestly tell you but I am trying to find out.  Everything which is going to be planted is something that does not need a lot of water.  I have pictures of all the different types of plants they use.

            Mr. Gatti asked Mr. Cox did you have any comments on the agreement?

            Mr. Cox responded I think you have hit on both of them but there is a third.  My understanding was all of this landscaping was going to be installed and the CID was going to be responsible for maintaining it.  It does say you will construct and maintain the improvements, which is one thing to be clarified.  We also need to make sure the irrigation is addressed and the last thing by way of explanation is what we are doing here.  The agreement itself is one I developed for the county; I had a client who was the first to go in and ask to do these extensive landscaping in county right-of-ways so I am familiar with it.  It is one the county took some pretty hard stands on and I know they are not going to move on the issue I am bringing out, which is the indemnification.  As you know the county and the District both have sovereign immunity and there are some case law which seems to indicate if you give indemnifications like this it is a potential waiver of the sovereign immunity; there is some language I have developed in other situations I feel comfortable.  I want to talk to the county attorney to see if I can get it incorporated into this.  Ms. Lubitsch did return my call the other day and is emailing it back to me, I have not seen it yet and we will work the language into it and have the county’s attorney review it.  I am sure they will be comfortable with it because it is language I want to put which will protect the county as well the District on the potential waiver of immunity. 

            Mr. Gatti stated to give Mr. McKay some idea of where he is going with this and the Board understands you are communicating with the county attorney to bring this to some sort of form we can actually accept. 

            Mr. Cox stated what I would suggest is the basic concept of you are agreeing to maintain the infrastructure is going to stay intact and if you go ahead and approve the agreement subject to the changes I need to make with the county attorney.

            Mr. Gatti asked was she giving you some sort of deadline?       

            Mr. McKay responded it is has changed now.  We have to get it permitted through the FDOT and they have their agreements and approvals to be signed.  I believe their next meeting is July 23.  They were talking about starting in August. 

            Mr. Lambert stated we do not know if it is our task or theirs to install irrigation.  Has anybody seen the drawings?

            Mr. McKay stated he is bringing the drawings over I will have them shortly. 

            Mr. Ziko asked do we access to water there or are we going to have to go under 41? 

            Mr. Cox responded it is part of what they will be addressing with the agreement with FDOT.

            Mr. Gatti stated I am sure they are not going to do part of it and ask us to do part of it; it will be a complete package.  The water is on each side of 41.

            Mr. Benson stated I am not 100% sure, where we are talking about.  I apologize for getting here late. 

            Mr. Gatti stated at the hotel.

            Mr. Benson stated there are waterlines there. 

            Ms. Dillon asked in the median?

            Mr. Benson responded the hotel has irrigation lines.  In the median no, it is on this side of the road.  We cross the roads somewhere because we have the irrigation pump station on the other side of the road and we serve both sides of the road. 

            Mr. Ziko asked can we cross at the bridge?

            Mr. Benson responded somewhere we cross.  I do not have the drawings in front of me. 

            Mr. Gatti stated we are not going to engineer it now. 

            You will get the agreement together.  We will need to know that they are going to do the whole thing and is what we will be looking for and then we will sign off on the maintenance of it. 

            Mr. Ziko asked is that the essence of what we have agreed to?

            Mr. Benson responded yes.

            Mr. Gatti stated we will have to incorporate it into our landscaping agreement with whoever we have. 

            We appreciate you following up on this and we all feel the same way that this is a very worthy thing. 

            Mr. Mack stated the land Mr. Holchek is offering is 1 ½ acres for the fire station, no charge.  The 1-½ acres next to it he is offering at market price.  We were thinking of using the other 1-½ acres for finishing the water plant.  We know we cannot use it for a community center because it is going to be zoned environmental.  I need to know if we need any of the land for expansion of the water plant because they told me have someone who is interested in that piece of property.  Are we going to need it or any of it down the line?

            Ms. Dillon asked are we talking about the piece of property between the fire station and our existing water plant?

            Mr. Mack responded exactly. 

            Mr. Benson stated when we first started talking about this with the previous owner of the property at that time the way I recall my discussion here was that at some point in time we were going to need to upgrade our water plant.  We are not 100% in the future would we need a potential site for some wells if we were to use a different water source.  It was my recommendation that it would not hurt to have a larger piece of property immediately adjacent to your utilities.  For instance one of the things we talked about was at the time you build a new water plant at some point in the future it may be easier to build the plant on the new site and not have to disrupt the existing plant operations.  It was just a looking for forward into the future it would be good to have a little more land; you have the minimum right now.  There were not any concrete plans as to what would go there but there were some various things that potentially could.  I recall also, there was some discussion at Board meeting about the District potentially needing a maintenance building for storing equipment and supplies.  We now have a lean-to building that was never built with permits it was just built.  If we ever wanted to put in a building, we would have to have the proper site with setbacks and things.  It was not a concrete plan it was a it would be nice to have and this is the location because it is adjacent to your utilities property. 

            Mr. Ziko asked do we have an appraisal?

            Mr. Cox responded yes. 

            Mr. Gatti stated the first question is should we consider purchasing it.  What is the Board’s sense of it?  My opinion as a starting point is in terms of the CID we have almost grown into a community, a little city onto itself, and somewhere along the line, we are going to need a whole bunch of other things that we have not seen already.  To have some additional land to be able to use we can never go wrong on.  We will have the land, this is our first opportunity to get it, and on the other hand, if it gets away from us it is gone.  The other thing is if we do not need it in the future and we want to sell it the value is not going to go down, it does not hurt for us to have the land if we have the resources to purchase it.  To have the land in our hip pocket is a smart thing as far as I am concerned but do we have the resources to buy it?

            Mr. Lambert stated the other thing is what the price is. 

            Mr. Bissell stated we need to know will we use it. 

            Mr. Ziko asked what is the appraised price on it?

            Mr. Cox responded $150,000. 

            Mr. Bissell asked how many ERC’s are allotted to the piece?

            Mr. Cox responded this was assuming none. 

            Mr. Gatti stated I think it is a no-brainer.  We would be crazy not to if we can get it for the appraised price. 

            Ms. Dillon stated it is zoned RT now.

            Mr. Benson stated we can rezone. 

            Mr. Cox asked zone it anything?  Why not have it be public facilities?

            Mr. Mack responded the part they are going to exchange with is all zoned conservation. 

            Mr. Gatti asked what is your concern?

            Mr. Mack responded my concern is the land will be zoned conservation only.  We can put a fire station on conservation but we cannot put a community center. 

            Mr. Gatti stated let us establish if we want to pursue the purchase.

            Mr. Cox stated if we can have it designated public facilities and it does not have any residential density associated with it. 

            Mr. Gassaway stated what we are looking to do is take the 2.9 acres, part goes to the fire station, and if you choose, we want to change our division line on the whole parcel from conservation to RT12 to go that much farther to the north.  We do not want to lose the RT12 zoning. 

            Mr. Cox stated he is working with you on your site plan. 

            Mr. Gassaway stated the whole reason this thing started was they wanted (    ).

            Mr. Cox stated what you want to do when you go in for your site plan is your whole zoning designation you will not be RT and conservation anymore you will be a planned unit development; designate that pocket of it as public facilities and then where your wetland delineations falls would become your preserve areas and your areas are open to development. 

            Mr. Gassaway asked what if we decide to separate the parcel from the conservation land?

            Mr. Cox responded I would suggest you do it as a planned unit development because it would be more efficient overall for the use of the land.  Your open spaces and all of that kind of stuff would be related to the entire parcel.  If you split it up into two parcels each is going to have to be developed under the constraints of the land development code for open spaces and conservation areas. 

            Mr. Gassaway asked the conservation would be considered part of the green space?

            Mr. Cox responded there is a guy at Hole Montes, Mr. Bob Duwane, there is one at RWA, Mr. Bob Mulhere, and you need to get one of those two guys involved.  They are very familiar with the projects down here. 

            Mr. Gassaway stated he spoke to him.

            Mr. Cox stated I think it would be better for the District if it was designated as public facilities which does not have any of the density designation go with it there would be zero density on it.  All of the densities associated with the property would stay on it. 

            Mr. Gatti stated let us get back on track.  Mr. Mack your concern is whether we want to pursue the additional piece.  What is the Board’s feeling?  Again, my opinion is it is a no-brainer; we should pursue the piece of property.  Given answering all of the questions and I appreciate the zoning, price and all of that but in terms of our general sense of it is we would like to pursue the property. 

            Mr. Ziko asked if we do pursue it as a CID we should be able to get it zoned to what we need for if we need it for the plant expansion shouldn’t we?

            Mr. Cox responded I think the county would look favorably on us because we are doing stuff they county would have to do otherwise. 

            Ms. Dillon stated it would not impact what we want to do in terms of swapping the property.

            Mr. Lambert stated we do not want to swap the property, they do. 

            Mr. Cox stated they would have to do a rezoning with the county.  We cannot contractually agree we are going to be one type of zoning and they are going to shift the RT zoning somewhere else. 

            Ms. Dillon stated that was the criteria under which he donated the land to us.

            Mr. Benson stated it is not the way the county zoning process works. 

            Mr. Cox stated I think we have a misunderstanding of how it gets accomplished.  It still has to be rezoned and ultimately the most efficient and best way to do it would be to zone the whole parcel as a planned unit development and have the different types of development tracts bubbled into where you want to do the public facilities, where you want to have the conservation set aside and where you want to have the gun club.  It is the way that property in all of the years that I have been here the way I have said the property should be developed.  The way the line for the conservation and the RT are drawn on there is completely arbitrary.  You have uplands designated as conservation and you have wetlands designated residential/tourist.  You could keep the established density to the property.  You have X number of RT acres times the number of units.  Your overall planned unit development does not exceed the density but you have shifted it into the appropriate areas on the property for the development to occur. 

            Mr. Gatti stated if I have the sense of the Board, we would like to pursue having the additional property.  Now things have to fall into place for that to happen we understand.  In terms of your direction, pursue the piece of property. 

            Mr. Lambert stated I sense they are not ready to do that. 

            Mr. Gatti stated true, but if we say no we are absolutely not interested that is one direction but if we say we are interested it is another and what we are telling them is yes we are interested. 

            Mr. Bissell stated I would like to pursue the fire station parcel first keeping in mind we are interested in the second piece.  Would it be a problem?

            Mr. Cox responded it is not a problem it is just reaching an understanding of how we are going to implement it. 

           

THIRD ORDER OF BUSINESS                       Manager’s Report – Continuation of Discussion of the Proposed Fiscal Year 2007 Budget

            Mr. Goscicki stated each of you have an updated proposed budget for fiscal year 2007.  If you recall at the last meeting the Board reviewed the preliminary budget, approved it and established a public hearing date for August. 

            At the meeting the Board made certain modifications, which we have incorporated into the budget.  They were relatively minor in nature but at the time the most significant item the Board recognized was the budget as preliminarily developed and approved showed we had a significant shortfall in water and wastewater and a significant surplus in the general fund.  Some of it is administrial but for the purpose of really tracking cost the Board recognized we should do something.  As general fund you can always use general fund money; it is the parent fund.  You can use general fund money to support water and wastewater, you cannot use water and wastewater fund to support the general fund.  Water and wastewater needs to be a true cost but you can always as the general fund you can borrow money from the general fund, you can donate money from the general fund to cover water and sewer.  The Board told us to go back and look at going forward and reworking the assessment levels between the two to keep the total assessment the same so there would no increased assessments to the property owners but let us get the assessments to now reflect the reality today and the reality going forward.  We took the first shot at it.  The other work we have done over the last week and half is go through and try to do a better estimate of total projected cost through the balance of the year, particularly with what we saw as the final fund balance forward on each of the funds.  As mentioned to the Board last meeting we spent last meeting really looking at the expense side and just took a quick look at the revenue side for the last two weeks we really honed in on the revenue side to make sure we had a good understanding of what these revenues looked like, what our expenses our expenses for the rest of the year would look like to know what our fund balance forward would look like.  What I would like to call the Board’s attention to, you can certainly go over the details of this between now and the next meeting to look at the details again in terms of the expenses.  We did some clean up in it also so you will see some changes in current expenses from the last number where we have cleaned up a few things coded incorrectly to get them straightened out.  What I really want the Board to focus in on for today’s meeting is several sheets back the capital plan cash flow projects; they are the ones with the blue bars on them.  You will recall from last meeting we have two sheets.  One for cash flow for the general fund and the second one being the cash flow for the water and wastewater fund.  On the first line you can see the assessments; the approved assessments for 2006 were $711,000 and we propose going into 2007 to drop the assessment $310,000.  It is a new assessment going forward from 2007 would drop to $401,000 or there about.  We have correspondedly taken the $310,000 and if you flip the page we have added it to the water and wastewater enterprise fund assessments, which has gone from $718,000 to over $1 million.  We have kept the total the same.  The line item as it appears on tax bill to the residents will not change because they do not see two line items they see one line item assessment and they total they see will stay the same. 

            Bringing you back to the general fund, I would like to show what the impact of doing this is.  If you look at the bottom line of the page you will see in 2006 we are projecting at the end of this year you are going to have a fund balance forward of $1.3 million, you have a chunk of change sitting in the general fund as a result of settlements and increases in assessments the Board has done has generated a significant surplus in revenue which is available for you to go and buy these pieces of property for fire stations, future water treatment plants, and to fund your capital improvement program. 

            What you see happens though as we change this assessment in 2007 from $700,000 to $400,000 you see the red in the middle of the chart where what happens in the first year, 2007, you will be under funding the general fund by $400,000 because of the capital program.  You have a significant CIP carryover in 2007 of $495,000 we are projecting in the general fund yet.  You are actually going to draw down the reserves, you are going to balance your budget by using your reserve fund which is again perfectly appropriate it particularly in this case with the size of the reserve fund you have.  You draw it down in the first year $400,000 and then in 2008 you are again tapping into reserve funds by $100,000, again by $100,000 in 2009 but by 2010 you are essentially at a break-even point.  Your revenue is equal to your expenditures and if you look at the bottom line in 2010 you have a projected reserve fund of $680,000.  Your general fund is very sound right now and dropping the assessments in the general fund from $700,000 to $400,000 will allow you to comfortably start drawing down on the general fund to meet your current obligations and by 2010 you are in a balanced situation where you have met most of your projected capital, you are still maintaining a significant capital reserve to meet other unanticipated needs but your revenue is equaling your expenditures on a day to day basis and you are no longer drawing down from reserves.

            Mr. Bissell stated we have a five-year project and this is bringing it out beyond the five years.

            Mr. Goscicki stated this reflects the five-year capital improvement program.

            Mr. Bissell stated this goes through 2010.

            Mr. Goscicki stated you are now in 2006 and we are going into 2007 so we are projecting out to 2010. 

            Mr. Bissell stated we are going into our third year and we have two more years to go. 

            Mr. Goscicki stated the engineer is updating the CIP every year so every year you should be looking at five years.  We always want to be looking five years out.  What you see is in the CIP in the fifth year you are down to $7,000; you have met most of your capital requirements in these first few years; the engineer has not gone in and done a longer term forecast yet.  There was a column that said here are some things we think we might do in 2010 and beyond and we tried to capture those in 2010.

            Mr. Bissell stated two years ago we told the people we were going to raise our assessments for five years.  Going on this it is beyond the five years. 

            Mr. Goscicki stated I am pointing out to the Board here is your current expenses, here is the current projects we have identified in the capital plan and here is the impact to your financials.  Again, you are looking in 2010 at having a significant surplus yet so the Board could take some actions.  We need to look at the water and wastewater fund and talk about the impacts there before you talk about when you might be able to start reducing assessments. 

            Mr. Lambert asked does this take into consideration expenditures to repave the road?

            Mr. Benson responded as we talked about two weeks ago we have updated all of the cost to current prices except the roads and it is very volatile.  I have the prices as of this morning.  Those are a year ago numbers for the roads and you might as well double it because that is the current prices.  Prices on roads as I said two weeks ago changes almost every week. 

            Mr. Lambert stated I understand that but what I am saying is the document we are looking at takes into consideration repaving the roads based on the price we knew. 

            Mr. Goscicki stated attached to this also is the capital improvement program.  There are two versions, the one attached to it the formatting was not so good so we got the formatting cleaned up and gave you a separate attachment.  On road resurfacing you have $140,000 for 2007 and another $80,000 in 2007 and that is what is in the road program right now. 

            Mr. Benson stated that is the prices when we finished the design.  We have we went back in the last few days to get current bid prices on projects similar to this and the unit prices have doubled in the last year.  It may be another 10% by next week or it may go down 5%. 

            Mr. Lambert stated knowing that on this document the reserve will be decreased by whatever the price went up. 

            Mr. Goscicki stated right now you have $220,000 budgeted for next fiscal year for road improvements.  If it goes to $400,000, it means your reserve at the end of the year instead of being $900,000 will be $700,000.

            Mr. Ziko stated at the last meeting I-3 on the CIP for fiscal year 2006/2007 that $250,000 was supposed to be taken out of there.  This is another ¼ of million-dollar error. 

            Mr. Benson stated that was a different project.

            Mr. Goscicki stated I have taken the project off the list.

            Mr. Benson stated this is a project we have designed and is on the shelf we have to do. 

            Mr. Ziko asked why is it $250,000 in 2006 and $250,000 in 2007?

            Mr. Goscicki responded it is the cost estimate.  The first two columns are the estimates and if you look at 2006 actual there is nothing in the column. 

            Mr. Benson stated it just shows when we estimated in 2005 it was $200,000 and in 2006 it went up $50,000. 

            Mr. Goscicki stated the first two columns are cost estimates and the columns after that are the actual projected expenditures. 

            Ms. Dillon asked have you changed the prices on everything except the pavement?

            Mr. Benson responded correct.  I was confident of the water and sewer projects because some of those are required by DEP but on the road resurfacing I wanted to find out how much of it you were going to do this year before I update the estimate.  You gave me direction two weeks ago to put out for bid the first project.  We have prepared the documents for bidding the same way we originally had which was to do the inspection of the road on Newport Cay and have an alternate price to do the other project that is designed to see what the bid prices are.  If the prices are good, you can choose to do it now or postpone it.  We will get there bids where you can choose. 

            Ms. Dillon stated also the $90,000 in here to pave Union Road.

            Mr. Benson stated as the road paving jobs go into the future unfortunately it is very volatile based on petroleum products and demand.  I would rather update them when we get close to a project. 

            Ms. Dillon stated when we originally put in the additional assessments we told the people in the community we have a five year plan and we were planning to stick to a five year assessment increase.  This proposes to continue it, does it not?

            Mr. Goscicki asked when did the assessment start, 2005?

            Mr. Cox stated if you go back and listen to those tapes I am sure your manager, lawyer and your engineer all told you not to promise a definite period of time for the assessment and while we were looking at a five year period it had to be flexible it may go a couple of years beyond that and maybe a little shorter.  Do not feel like you have obligated yourself to end these.

            Ms. Dillon stated I do not I just want to be able to tell the community that in all likelihood the assessment is not going to go away for awhile.

            Mr. Goscicki stated I think you can tell them comfortably you will use all of the five years but as you get into 2009, the numbers get much better.  You are carrying surpluses; your revenues are equaling your expenses in the general fund you are not drawing down.  We get into the water and wastewater fund to show what it looks like next.  I think it is good news on the general fund certainly even with the reshuffling of assessments by 2010, which is your sixth year, I think the ability is there if the Board wanted to do something on the assessments they might be able to do it but when we talk about the water and wastewater fund the water plant there is the big kicker of one that might happen and we will talk about it next. 

            Mr. Cox stated my understanding of these numbers is you are including that item which you will probably have to debt finance.  Where the CIP assessments will probably plunge after that you are probably going to pick up an additional financing instrument that you are going to have to pay.  The good news is it is the year the bonds are paid off so the people who are having bond debt payments still those will go away when the new debt comes in and it is going to be significantly less.

            Mr. Bissell asked did you say there is going to be a carryover at the end of this year?

            Mr. Goscicki responded yes, if you look at the bottom line of the ending fund balance that money is available and carries over each year.

            Mr. Bissell asked why not do these projects before the price escalates again?

            Mr. Gatti responded because every time we suggest doing a project we say let’s wait maybe the price will go down.  Let’s make a decision on some of these things, do exactly what you just said, and go ahead with some of these projects.

            Mr. Goscicki stated you are taking on a lot in 2007. 

            Mr. Benson stated we have a lot of things.  I think in the water and wastewater we are spending over $1 million this year. 

            Mr. Goscicki stated in 2007 you will be spending close to $1.5 million. 

            Mr. Bissell stated we are taking in another $1 million next year. 

            Mr. Goscicki stated in 2007 you will be drawing down $400,000 from the $1.3 million we are projecting.  You will be spending $400,000 out of the general fund.  If you look two lines up in the red this is what you are pulling out of your reserves each fiscal year.  At the end of the column is the projected for what we think you will have at the end of this fiscal year, $1.3 million and as you go into 2007, it is down to $900,000.  You are reducing the monies you have available because you are pulling money from reserves to meet the capital plan. 

            Mr. Cox stated you will have to loan some of that money to the wastewater treatment plant because you are going to have an ending fund balance that is negative. 

            Mr. Goscicki stated as you turn the page you will see you have another $100,000 plus you will pull from there also. 

            Turn to the water and wastewater fund, the second page of the cash flow analysis.  There again the first column is the adopted budget for 2006, the second column is projected 2006, and then proposed 2007, 2008, 2009 and 2010 budgets.  On the revenue side, we significantly bumped up the revenue in 2007 reflecting the change of moving assessments from the general fund to the water and wastewater.  Because of the CIP we have undertaken this year we spent a lot more in CIP than was originally projected due to some increase in cost.  It significantly reduced the retained earnings going forward from what was originally budgeted.  We thought we would have $500,000 we will end the year with only about $124,000 as funds to carryover.  Next year we are looking at $1 million in capital improvement.  You can see to balance the budget we have to draw $250,000 out of reserves; we do not have so we wind up in a negative position at the bottom line for the water and wastewater fund and are short $135,000.  The money will come out of the general fund to further draw it down.  I did not add the additional complication in and show it balancing but that is what will happen.  The good news is with the increase on the water and wastewater fund as you get into 2008 your water and wastewater CIP has this big bubble with the wastewater treatment plant improvements in 2007 then drops off significantly and kind of tapers off for the next two years.  You can see in 2008 you have no red numbers and you are actually putting money back into reserves and in 2008 you are fully funding and in 2009 also.  2010 did not show this CIP of $2.4 million on the engineer’s CIP.  It was shown as a future 2011 plus.  I put it in here just to show the Board from the cash flow analysis what you are looking at because I look to this and said you are generating $400,000 in surplus in 2008 it is up to $700,000 in 2009.  He people that $2 million in CIP out of there have over $1 million in cash and sitting in the bank in 2010.  Like you were getting really flush is cash again but I wanted to bring to the Boards attention you have a $2 million plus water treatment plant there that you are building some reserves to.  Again, this is a five-year flow projection you are not approving or adopting a five-year budget you are adopting this year a one-year budget.  This is for your planning perspective intellect to know where you stand financially.  It is encouraging after going through these numbers painstakingly last two weeks can really to make sure we knew we were talking about capital program fund balance forward, where the money is, and what we can do.  I am very comfortable to report to you now you are in a good financial position.  I think the reallocation of assessments from general fund to water and wastewater is something that will stay at that kind of proportion, you may drop the water and wastewater, but I think the general fund moving down to that level is probably appropriate.  I think the 50/50 split was probably based on not having done a five-year projection.  Looking at long-term now I think we have much better numbers to be able to show us really what we are looking at as to what kind of expenditures we have.  I think we are in good stead we have sufficient funds to be able to move forward with the program.  Reallocating those assessments is something we will work on and have done for the final budget.  The only guidance I asked from the Board right is as you can see in 2007 you will be still even with the change in assessments from general fund to water and wastewater it still has you borrowing $134,000.  I recommend leaving it there; I could balance it out and make it zero in just jury rig the assessments a little bit more.  To I think the number is good that when you look at the general fund I do not think reducing the general fund any further is appropriate because again in the water and wastewater in out years you begin covering it quickly.  Make it a one-year borrowing from the general fund, close it out and then you are on a good stable path after that.

            Mr. Lambert stated some time in 2007 the Board is going to have to say we are going to borrow $130,000 from the general fund for the water and sewer.

            Mr. Goscicki stated you can borrow it from the general fund or you can just have the general fund give the money to the enterprise fund. 

            Mr. Lambert stated will have to be some formal action.

            Mr. Goscicki stated we will have to do a budget amendment at some point to balance it out and make it happen.

            Mr. Cox stated it may come as late as when you get your audit for next fiscal year.  You can do reconciliation with the resolution fixing the discrepancy.  One point Mr. Goscicki he is making is he is bringing in $2 million potable water treatment plant that we may not have too fund as early as 2010.  It is possible that in two to three years you may be able to look at the level of your assessments and rolling them back some with the idea that when you do decide to do the project you are going to completely debt finance it. 

            Mr. Lambert stated at least this way it does not get off the horizon on us.

            Mr. Goscicki stated this was the only reason for moving it up to keep it on the planning horizon recognizing it may be done in later years in which case I think when we get into the 2008 budget we can seriously start talking about the assessments and any possible downward adjustment would be part of not next year's budget in 2008 because at that point we will have completed the construction of the wastewater plant, some of the other major capital, other general fund road resurfacing programs, and irrigation programs will have been completed and we will know exactly what they cost, what we spent, did the numbers match the plan and can start projecting it.   You are in the planning horizon, you promised the community 2009 you think you might be able to reduce the assessments or 2010, that timeframe.  That is what the numbers are show and in that timeframe you might be able to bring back the assessments.  I think we are in good stead here with the community and again with the year of increased construction costs the community is seeing.  We can tell you every district, every place in the state and every government are going through this.  You are lucky to get bids on construction now it is that tight of a market.  We are doing well despite huge increases in construction cost.

            Mr. Lambert stated on this sheet regarding your operating revenues for water and sewer we have nothing budgeted for the year 2007 for meter fees but when I go to the other sheet it shows $6,000 budgeted for 2007.

            Mr. Goscicki responded we are not perfect yet.  We originally developed these two separate worksheets, we have now combined them as one model, and we are still making all the linkages work. 

            Mr. Lambert asked are we billing when we hook meters up?  We do not seem to be generating any actual revenue.  It appears to me we should have a few at least.  I know there has probably not been many new ones installed.  For every meter we see installed we should see $200 of revenue and any irrigation meter would be treated the same as potable water. 

            Mr. Goscicki responded I believe so. 

            Mr. Lambert stated at single-family home with more than likely have a $400 meter fee for both potable water and irrigation.  It appears we are not accounting for the funds correctly or were not getting the bill.

            Mr. Gatti stated lets have Mr. Goscicki look into it. 

            Mr. Goscicki stated Mr. Dick has been working with Mr. Daly over on the utility billing side trying to match up what we have a on the billing register with what Mr. Stephens thinks has been set as meters.  You are right we are not showing a lot of activity on the billing side. 

            Mr. Gatti stated look into it.

            Mr. Goscicki stated I do not need any action from the Board with regard to the budget at this meeting it is just giving you an update as to where we are.  At our August meeting is when you begin taking formal action on the approved budget.  If the Board certainly has any comments we are here to take any comments but what I would ask is that you spend between now and our July meeting reviewing what is in front of you and if you have any questions we continually go through and refine these numbers until we adopt the budget in August. 

            Mr. Lambert asked will the July meeting to similar today if we have an item you discussed it?

            Mr. Goscicki responded we can discuss it.  August will be the public hearing, opened to the Board and we will put on a full presentation to and run the numbers to show community. 

            Mr. Ziko asked as the evaluation of metered customers been done?

            Mr. Dick responded it has been done.  We had meter readers from the Miami office over for several days and went house-by-house, building by building, verified the meter reads and verified the physical connections with a meter.  Were happy to report they found no unmetered buildings.

            Mr. Ziko stated we still have the water loss. 

            Mr. Dick stated we are eliminating possibilities as we go and it is looking more and more like underground leaks.  We had the pumpage report, the 24-hour report showing there is pumpage going on at night, 3 a.m. 4 a.m. in the morning when we would not expect that much to be pumped from the plant.  I am getting with Mr. Benson to try to target some areas to see if we can get some leak detection.

            Mr. Bissell asked have you checked any more meters?

            Mr. Dick responded part of that was to see if we have very accurate physical reads from every meter every really did not find what we would call dead meters.  That one may have been an anomaly, I had a zero consumption report printed from the billing office as well as these folks doing the inspections and we really do not find any dead meters.

            Mr. Ziko stated you were going to get us a report on the bond status of individual lots three months ago.  Is there any chance we can get that?

            Mr. Goscicki responded we are updating that now is part of the assessment roll and unfortunately, for me I gave the person in charge of that last week off.  The assessment roll that we keep for you is that detailed it breaks down by individual properties, shows who has a debt, who has water and sewer, who has general fund assessment.  It is a detailed spreadsheet; it is a working tool that we are going to make a copy of.  It is not designed for presentation but I think it is clear enough in terms of folio number and property name for the Board members if they are interested to walk through and identify individual lot issues.  We will get that to you I promise.

            Mr. Ziko stated once again in the water and sewer funds we have a discrepancy in the top line for March and April the maintenance fees are not added in.  We show $70,000 maintenance fees going and our total revenues are only $3,000.  There is obviously a mistake there somewhere.

            Mr. Lambert stated we had the same problem last year and if I recall correctly it started in the same place.  My guess is they just copied the spreadsheet.

            Mr. Goscicki stated we thought we corrected it in January where we had that problem we corrected in February and I would hope the cell had been corrected all the way across.  It is an error in the cell; it is not picking up the row is just picking up a couple of the line items.  I will bring it back, we put a new accountant on this District, Ms. Helena Randel, she is one of our more senior accountants, and I have been very pleased with the work she has been doing over the last month that she has been involved in helping to clean this up.  This is one of the more complex Districts in terms of having a debt service fund, enterprise fund and a field operation with utility side.  I think you will see an improvement with her on board.

            Mr. Ziko stated we should have that corrected by the next meeting.

            Mr. Goscicki stated yes. 

            Mr. Lambert asked can we ask there be a sanity check put on this document?  The balance sheet where the column was not widened to accept the number is a quick catch if there is any kind of look-see.

             Mr. Goscicki responded yes.  You are right there is no excuse for this kind of thing it is just a production error.  When our accountants review them all online they are checking the numbers electronically and recording is supposed to be checking the printed version before it goes out.

            Mr. Ziko stated on the previous month we had a sheet in there that said account balance detail and it is not in this month.  Is there any reason why we cannot get it every month? 

            Mr. Goscicki responded again this is a special report which is done for this District along with the one before it and is one of the reasons why it does not always fall in.

            Mr. Ziko state I would like to see it included, there is a lot of information on that page.  I also have it highlighted we did not get an annual interest rate on over $2 million and I would like to see it appear.  The check register items description is incomplete; some of them have item description, some of them have nothing and under description we get an account number.  It would be a little bit better if we had something other than an account number for the description of what we are paying.  At the last meeting, I brought up a question on check number 50990 for workers compensation premiums, a workers compensation audit, and another workers compensation premium on 5099.  It totaled $8,700.  If you look in here under the water and sewer funds and under the general fund we only have $2,400 in each which is $4,800 and we have a discrepancy here of $8,700 to $4,800; it is a $4,000 discrepancy in this sheet.

            Mr. Goscicki responded I will look.  The summary sheet by month is pulling from the financials.

            Mr. Ziko stated it should not be coming out of the check register.

            Mr. Goscicki stated the check register feeds the financials and the financial feed the summary report.  The time periods between the check registers in the financials are not always the same as what you are seeing here.  You are seeing the most up-to-date check register.

            Mr. Ziko stated this check was written March 15.  In March you show $2,400 going to each one of the funds but the checks that were written one was for $7,691 and the other was written for $1021.  We have a discrepancy of $4000 in what we are paying workers compensation.

            Mr. Goscicki stated I will look into that.  Some of these things depending on what the cost item is we generally do cash accountability where it is a modified accrual accounting. 

            Mr. Ziko stated we only budgeted $6,000.  We budgeted $6,000 we paid out $8,700 and we have no idea where the money went to because it is in the check register and you do not show it in the accounting here.

            Mr. Goscicki stated I will go back to the financing.  I do not look at that report because it is an add-on report.  I look at the financials. 

            Mr. Ziko asked what is an add-on report?

            Mr. Goscicki responded it is not part of the basic financial reports we do for any of our Districts it is a report we created for this Board.  It should show up in the financial reports in front of that and if it is not reconciling I will go back and have accounting resolve it. 

            Mr. Ziko stated it shows up as actual $2,420 in both funds.  The other one is to Sterling Testing.  Last month we asked them to clarify it; we have a $250 annual fee and then we had a $145 fee for the testing of one person which amounted to $400 for one drug test.  This month we got another $230 fee and another $35 fee for one more.  For two drug test we spent $660 is anybody checking these billings from Sterling?

            Mr. Goscicki responded yes.

            Mr. Ziko asked is it reasonable to have $660 for two drug test?

            Mr. Goscicki responded I do not know what those cost are. 

            Ms. Dillon stated this one report, which shows the tax collections, the date received column is error logged.  The date shows 2009 and 2010. 

            Mr. Goscicki stated we will get the correct year on it.

             

FOURTH ORDER OF BUSINESS                    Attorney’s Report 

            Mr. Cox stated I do not have anything for you specifically but I believe there are some questions.

            Mr. Ziko stated I have one on the never-ending entrance signs.  Did we wind up with the easement for those?

            Mr. Cox responded I have not been able to follow up on it. 

            Mr. Ziko asked did we follow up on the easement for the pumping station?  As we said before we should spend the money and get these things done but if we do not have the easement we cannot do it and the $80,000 bill is escalating. 

            Mr. Benson responded we are also waiting for the DEP permit.  We should be getting everything accomplished its same time the attorney does.

            Mr. Cox asked is this the one you sent the diagram to me?

            Mr. Benson responded yes.

            Mr. Ziko stated we do not have the DEP permit for Parkson either then.

            Mr. Benson's stated all of the reuse and wastewater plant is under one permit with DEP.  They have told us they have accepted everything and are writing the document, we have just not received it from them yet.

            Mr. Ziko asked the easement?

            Mr. Benson responded we are working on the easement separately because the easement relates to tease South Florida Water Management District.  We have to have it resolved before we can actually construct the project which we cannot construct until we get the permit.  We have been working on the two issues that same time...

            Mr. Ziko asked you we have any guesstimates when we are going to get these?

            Mr. Benson responded I would like to be able to give you an estimate on DEP for the permit but I will tell you that there is a permit for the city of Naples treatment plant were everything they needed was received over a year ago, they said they were writing the permit and they still have not received it.  They told us they were writing the permit, all of the issues are resolved.  Unfortunately, we do not have any control over a state agency to make them hurry up.

            Mr. Cox stated their staffing level right now is way down.  I know an area in north Florida where they are sending stuff back saying we do not have staff to review it right now.

            Mr. McKay asked with the signage up front how long is it going to go on?

            Mr. Gatti responded that is the wrong question.

            Mr. McKay David I have lived here for eight years now and you do not even know where you are when you get here especially at night. 

            Mr. Cox stated they actually told us we never had a permit.  Collier County revised their sign ordinance about four years ago and they elected not to grandfather anything in, everything had to be permitted. 

            Mr. McKay asked what is the problem?

            Mr. Cox responded it has been a never-ending fiasco and we are trying to get it resolved.

            Ms. Dillon stated I want to talk about Orchid Cove.

            Mr. Cox asked what do want to talk about?