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PBSD MSTBU Minutes 12/07/2011 R PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MINUTES WEDNESDAY,DECEMBER 7,2011 BY: LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Regular Session on Wednesday, December 7, 2011 at 1:00 p.m. at the Community Center at Pelican Bay, 8960 Hammock Oak Drive, Naples, Florida. The following members were present: Pelican Bay Services Division Board Keith J.Dallas,Chairman Susan O'Brien Tom Cravens,Vice Chairman Dave Trecker John P.Chandler Mary Anne Womble Geoffrey S.Gibson absent John Baron absent John Iaizzo Hunter H.Hansen absent Michael Levy Pelican Bay Services Division Staff W.Neil Dorrill,Administrator Mary McCaughtry,Operations Analyst Kyle Lukasz,Operations Manager Lisa Resnick,Recording Secretary Also Present Susan Boland,President,Pelican Bay Property Owners Association James Carr,P.E.,Agnoli,Barber,&Brundage,Inc. Kevin Carter,Field Manager,Dorrill Management Group Steve Feldhaus,Chairman,Pelican Bay Foundation's Clam Bay Ad Hoc Committee Tim Hall,Senior Ecologist&Principal,Turrell,Hall&Associates,Inc. Jim Hoppensteadt,President,Pelican Bay Foundation Fiala I Hiller REVISED AGENDA Henning " •4.- 1. Pledge of Allegiance Coyle 2. Roll Call Colette 3. Agenda Approval 4. Clam Bay Update(S. Feldhaus) 5. Approval of Meeting Minutes a. October 26,2011 Clam Bay&Landscape Water Management Subcommittees b. November 2,2011 Pelican Bay Services Division Board Regular Session 6. Administrator's Report a. Community Crosswalks b. All-Way Stop at Pelican Bay Boulevard and Ridgewood Drive c. Pelican Bay Boulevard Pathways d. South Berm Restoration Project Status e. Pelican Bay Boulevard Resurfacing Status f. Community Landscaping g. Update on Removing Exotics from Clam Pass Park&Along Beach h. Monthly Financial Report Misc. Corres: 7. Chairman's Report a. Committee Assignments b. Announcements 8. Committee Reports Item#: I(__ .a 2_0 a. Clam Bay Subcommittee(D. Trecker) b. Strategic Planning Committee(MA. Womble) Conies to: 9. Old Business 10. New Business a. Our Health in Pelican Bay(MA. Womble) b. Pelican Bay Services Division Office Space in Proposed Community Center Addition(S. O'Brien) 11. Audience Comments 12. Miscellaneous Correspondence 13. Adjournment 8512 Pelican Bay Services Division Board Regular Session Minutes December 7,2011 ROLL CALL With the exception of Messrs.Baron,Gibson,and Hansen all members were present. AGENDA APPROVAL Mr. Chandler made a motion by ice irman Cravens amend o have Mr. Steve Feldhaus resent a Clam Ba update seconded irst. TV Board Cha voted unanimousl to in avorthe agenda, assin t the motion. CLAM BAY UPDATE Mr. Steve Feldhaus, Chairman, Pelican Bay Foundation's Clam Bay Ad Hoc Committee informed the Board that the Seagate Property Owners Association initiated a lawsuit under a Florida Statute that authorizes individuals and homeowners associations to seek enforcement of agency actions when agencies themselves refuse to act. Seagate has asked a Collier County Circuit Court Judge to enforce what they contend is a requirement of the 1998 Joint Coastal Permit Clam Bay Restoration and Management Plan(CBRMP) issued by the Florida Department of Environmental Protection(FDEP). Seagate maintains that the 1998 permit requires marking the main channel from Seagate to Clam Pass with red and green lateral navigation markers. In the past,the County sought to do what Seagate is seeking to do,the Army Corps of Engineers(ACOE)agreed, and FDEP was ready to issue a permit. However the Pelican Bay community actively fought the action and through a political compromise persuaded the County to work with the broader community to come up with an appropriate alternative marker system.With the exception of Seagate, there was agreement that canoe trail markers and informational signs were appropriate for Clam Bay. The Board of County Commissioners agreed and in June 2011, authorized the Coastal Zone Management department to apply for a canoe trail marker permit that was approved by Florida Fish and Wildlife Conservation Commission(FFWCC), U.S. Coast Guard(USCG), FDEP, and ACOE. In November 2011, Seagate filed a complaint with Collier County Circuit Court requesting an administrative hearing in opposition of the FDEP action approving installation of canoe trail markers. In his opinion,the 1998 permit does not require red and green navigational markers,but the outcome will be determined by a judge.However,the 1998 permit authorized the Services Division to implement the CBRMP that contains one reference about marking the main channel in accordance with USCG standards, the sole basis for Seagate's argument. If this language is removed then there is no further mention of navigational markers. By its very terms, the CBRMP is a dynamic document that the Services Division continues to be responsible for implementing and it should be reviewed and revised as circumstances change. The County and regulatory agencies agreed that canoe trail markers and informational signage are appropriate for Clam Bay.He strongly recommended that the Services Division work with County staff and County attorneys to propose an appropriate modification to the CBRMP to remove the sole basis that supports Seagate's lawsuit. Mr. Feldhaus clarified that the lawsuit only involves FDEP,not ACOE. The 1998 FDEP permit authorizes modification of the CMRMP with agency approval. However, FDEP and other agencies approved installation of canoe trail markers and informational signs, so there should be no objection. The judge would determine whether there is a permit violation based on the evidence provided by Seagate and language in the permit. The judge would also ask FDEP why the agency did not enforce the requirement. As a former litigator, and after consulting several other attorneys and former judges who agreed,he advised that if the Services Division does not take the recommended and very specific action to modify the CBRMP then there is some risk that Seagate prevails and a judge orders installation of red and green navigational markers in Clam Bay. AUDIENCE COMMENTS Dr. Ted Raia made a presentation stressing red and green markers_imply that boats have safe passage. According to ACOE and USCG,canoe trail markers satisfy the requirements of the 1998 permit. 8513 Pelican Bay Services Division Board Regular Session Minutes December 7,2011 Mr. Bob Naegele was concerned if the Services Division takes the recommended action it might impede the Board of County Commissioners from returning control of Clam Bay to the Services Division. Mr. Tim Hall said that his firm was responsible for implementation of the Plan, not development of it. The firm did eventually address the statement in question through the canoe trail markers. He indicated the statement was in the Plan because dredging would place a channel to an operational structure, the drawbridge. The USCG requires the approach marked so that boats know where to go before the bridge. However considering the drawbridge was seldom used, in 1999, the USCG did not require red and green markers be installed and in 2000,the canoe trail markers were permitted. BOARD DISCUSSION The Board discussed Mr. Feldhaus'recommendation.Members expressed concerns that a modification of the Plan could be seen by a judge as gratuitous. However, most members were concerned with not taking action to modify the Plan as recommended by Mr. Feldhaus. Language would be drafted and general consensus was to review, discuss further and vote on approval at the January 4 meeting. Dr. Trecker made a motion, second by Vice Chairman Cravens to authorize the Chairman and Administrator to work with the Foundation and County to seek a modification of the 1998 permit as indicated toda . The Board voted unanimousl in avor, assin the motion. APPROVAL OF MEETING MINUTES OCTOBER 26,2011 CLAM BAY&LANDSCAPE WATER MANAGEMENT SUBCOMMITTEES Vice Chairman Cravens made a motion,second by Mr. Chandler to approve the October 26,2011 Clam Bay & Landscape Water Management Subcommittees Joint Session minutes as presented. The Board voted unanimousl in avor assin the motion. NOVEMBER 2,2011 BOARD REGULAR SESSION Vice Chairman Cravens made a motion, second by Dr. Trecker to approve the November 2, 2011 Pelican Bay Services Division Board Regular Session minutes as presented. The Board voted unanimously in favor assin the motion. ADMINISTRATOR'S REPORT COMMUNITY CROSSWALKS Mr.Dorrill reported that the community crosswalks project is well underway,but there were some utility delays. Mr.Lukasz reported that one delay was caused by Public Utilities having to lower the water line at the median cut at the North tram station crossing,but has been completed. The contractor has resumed working at the North tram station crossing and anticipates substantial completion by the end of next week. Another delay was caused by a leak in a stormwater pipe at the corner of Oakmont and Pelican Bay Boulevard that the Transportation department is still repairing. Mr.Dorrill added the contractor is adjusting the cobblestones at locations where they were slightly out of alignment. ALL-WAY STOP AT PELICAN BAY BOULEVARD AND RIDGEWOOD DRIVE Mr. Dorrill reported that the all-way stop at Pelican Bay Boulevard and Ridgewood Drive is complete with flags installed to call attention to drivers of the new four-way stop. 8514 Pelican Bay Services Division Board Regular Session Minutes December 7,2011 PELICAN BAY BOULEVARD PATHWAYS Mr. Dorrill reported that staff obtained bids from two contractors on the County's list and the pricing for asphalt on both bids were more than $75,000 over the engineers' original estimate or alternatively, staff could explore whether Bateman contractors are interested in preparing a proposal. SOUTH BERM RESTORATION PROJECT STATUS Mr. Dorrill reported that a meeting is scheduled today at 4 p.m. with the consultants and Special Counsel Frank Matthews to discuss permit requirements in advance of the agencies pre-application meetings. Staff would provide an update January 4. PELICAN BAY BOULEVARD RESURFACING STATUS Mr. Dorrill reported that staff received a draft executive summary from County staff that states their intent to phase-in resurfacing work and repayment of eligible expenses in FY 15/16 and FY 16/17. Additional cost to protect the brick pavers is $20,000 and is not eligible for reimbursement. Mr. Chandler said the Chairman's article in the Pelican Bay Post committed the Board to holding public workshops in Season and he does not see a need to approve moving forward until the Board has an opportunity to review and comment on the backup material provided.He pointed out the vendor proposals show this project will cost$1.2 million vs. $1.5 million previously estimated.However,bicycle lane striping is an additional$70,000. Chairman Dallas said most comments he has heard regarding loaning the County funds to resurface Pelican Bay Boulevard have been negative. Arguments against included the Services Division would set a precedent by paying for a project that is the County's responsibility; the County could default on repayment; funding deficit could defer implementation of Community Improvement Plan (CIP) projects; project is for cosmetic, not structural purposes; and is frivolous spending. He suggested the Board discuss and decide whether to move forward or table this project. AUDIENCE COMMENTS Mr.Thomas Brown said the Services Division should not loan the County funds for public road maintenance. Ms.Noreen Murray was concerned about the Services Division loaning the County funds for road maintenance and the impact it could have on CIP projects. BOARD DISCUSSION Several members agreed with what Chairman Dallas articulated regarding comments and arguments heard opposing the project. The Board discussed preventive maintenance and mitigation measures, and the accuracy of the County's engineering evaluation. The Board agreed that the issues were whether to move forward or table loan negotiations with the County; and to find out if the road is structurally sound by obtaining an independent engineering evaluation. Mr.Dorrill pointed out the reason the Board was having this conversation is because the County does not have a uniform plan to maintain roads in the foreseeable future and is also grossly underfunded. His understanding of today's discussion is the Board's consensus is to wait until structural problems are exhibited. He did not recommend resealing because Pelican Bay Boulevard is a high-volume arterial road and it would wear-away quickly. If warranted, he recommended an independent engineering evaluation be done. For discussion January 4, comparison purposes, and to find out whether an independent evaluation is necessary, Mr. Dorrill would obtain additional information regarding microsurfacing processes done at Lely Resort where the road is falling apart and Pelican Bay Boulevard where it appears there are cosmetic issues vs. structural problems; and obtain an updated list of Pelican Bay roads scheduled for resurfacing from the Road Maintenance department. 8515 Pelican Bay Services Division Board Regular Session Minutes December 7,2011 Vice Chairman Cravens made a motion, second by Dr. Trecker to table current negotiations with Collier County to loan the County the funds to resurface Pelican Bay Boulevard until some future date. The Board voted unanimousl in avor assin the motion. COMMUNITY LANDSCAPING Mr. Dorrill reported that community landscaping projects are nearing completion. At the renovated areas, staff installed new pop-up stream irrigation heads that conserve water. Mr.Jerry Moffatt was concerned about when sod and plants would be replaced where removed to construct ADA ramps at the Hammock Oak and Oakmont crossings. Mr.Lukasz replied substantial landscaping work would be complete by the end of next week. UPDATE ON REMOVING EXOTICS FROM CLAM PASS PARK AND ALONG BEACH Mr. Dorrill reported that the County's does not have excess grant funds to remove exotics south of Clam Pass. He recommended the Board direct staff to obtain a bid from the County's contractor, Earth Balance to do additional work for the Services Division north of the Pass. Mr. James Hoppensteadt reported the Foundation has given the County approval to remove exotics on Foundation property. Mr. Tim Hall confirmed the Clam Bay channel maintenance permit requires exotic removal. However agencies recognize the impossibility of 100%removal and allow exotics to cover 2-5%of the area. Ms.Marcia Cravens suggested the Board utilize Mr.Hall,already on board to remove exotics.- Vice Chairman Cravens suggested the Board utilize trained volunteers to remove exotics and replant native plants. Staff would work with Mr.Hall to identify additional exotic removal areas and report back on January 4. MONTHLY FINANCIAL REPORT Mr. Dorrill reported that one-half of the annual assessment revenue was received. Of note, seasonal expenses for fertilizer and herbicide were within $400 of the year-to-date budget,but this was expected. Operating Fund payroll expenses are understated because it does not reflect recent activity. The street lighting fund shows an insurance payment to pay for damages to a pole caused by a car. Mr. Chandler suggested staff place a note on the report to explain seasonal or irregular year-to-date expenditures. Ms.Mollie Moffatt was not pleased with the community's general appearance. CHAIRMAN'S REPORT COMMITTEE ASSIGNMENTS Chairman Dallas assigned Ms.O'Brien to the Budget Subcommittee. ANNOUNCEMENTS Chairman Dallas announced the Board of County Commissioners meet December 13; the Foundation Board meets December 16;and next Services Division Board meeting is January 4. COMMITTEE REPORTS CLAM BAY SUBCOMMITTEE REPORT Dr. Trecker reviewed the Board's November 2 discussion regarding imminent water quality regulations and that the Board voted not to take any action. 8516 Pelican Bay Services Division Board Regular Session Minutes December 7,2011 Dr.Trecker reported that what is proposed in the County's permit application to dredge Clam Pass in his opinion should cause no harm. Rather than discuss at great length today,he suggested that after the Clam Bay annual monitoring report is issued scheduling a workshop that would involve presentations by Messrs.Tim Hall and Ken Humiston. Mr.Hall said that he expects the annual report complete by mid-December and available to the Board January 4. Ms.Cravens alleged the County withheld pertinent information when it submitted the permit application. Ms.O'Brien requested Dr.Trecker provide a copy of the permit application. STRATEGIC PLANNING COMMITTEE REPORT Ms. Womble reported the Foundation's Strategic Planning Committee(SPC)met to discuss conceptual plans to improve The Commons and Community Center; including developing green space, tree canopies, communitywide fiber optic internet technology;and voted to recommend to the Foundation Board to engage the services of a civil engineer. Mr. Moffatt reported that the Facilities Committee recommended supporting Foundation staff opinion to not make changes the commissary kitchen at The Commons and explore expanding the Sandpiper kitchen instead. NEW BUSINESS OUR HEALTH IN PELICAN BAY Ms. Womble reported at the last Foundation Board meeting, Mr. Dave Ritger presented information regarding studies that concluded"tailpipe pollution" is the cause of health problems that might be prevented by constructing a barrier between the highway and residential area that would trap and reduce pollutants in adjacent neighborhoods. Mr. Dave Ritger expressed frustration because no groups in Pelican Bay are studying whether a barrier is needed along U.S.41 and requested the Board have a study done that focuses on health issues caused by tailpipe pollution. Mr.Hoppensteadt and the Board acknowledged the U.S.41 barrier project is the Foundation's responsibility. PELICAN BAY SERVICES DIVISION OFFICE SPACE IN PROPOSED COMMUNITY CENTER ADDITION Ms. O'Brien reported that the Foundation is proposing Services Division office space at the Community Center and suggested the Board discuss and provide input. Mr.Hoppensteadt said the Foundation welcomed the Board's feedback and the space would be rent free. Chairman Dallas was concerned the current design implied that Ms. Resnick would perform the role of receptionist for both the Services Division and Foundation staff. Mr.Don-ill agreed conceptually this is a good idea and pointed out the design plans are preliminary. AUDIENCE COMMENTS Ms.Cravens liked the idea of saving money on rent,but was concerned that merging offices could cause confusion. ADJOURNMENT Vice Chairman Cravens made a motion,second by Dr. Trecker to adjourn. The Board voted unanimously in avor, assin the motion. dif —tit._� 1,1- K-i N.Dallas, h. an Minutes by LRJ 12/29/2011 3:12:00 PM 8517