PBSD MSTBU Minutes 12/14/2011 S 1303EV3)
PELICAN BAY SERVICES DIVISION BOARD SPECIAL SESSION MINUTES
WEDNESDAY,DECEMBER 14,2011 BY:
LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Special Session on
Wednesday,December 14,2011 at one o'clock in the afternoon 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 absent
John P.Chandler Mary Anne Womble
Geoffrey S.Gibson absent John Baron absent
John Iaizzo Hunter H.Hansen
Michael Levy
Pelican Bay Services Division Staff
W.Neil Dorrill,Administrator absent Mary McCaughtry,Operations Analyst
Kyle Lukasz,Operations Manager Lisa Resnick,Recording Secretary
Also Present
Susan Boland,President,Pelican Bay Property Owners Association Fiala
Tim Hall, Senior Ecologist&Principal,Turrell,Hall&Associates,Inc. Hiller
Jim Hoppensteadt,President,Pelican Bay Foundation Henning }�
Coyle
Colette
AGENDA
1. Pledge of Allegiance
2. Roll Call
3. Discussion of Proposed Resolution Regarding Pending Legal Action Concerning Markers in Clam Bay
4. Audience Comments
5. Adjournment
ROLL CALL
With the exception of Dr.Trecker,and Messrs.Baron and Gibson,all members were present.
INTRODUCTION
Chairman Dallas explained the sole issue of the meeting was to discuss and decide whether to support the
proposed resolution regarding pending legal action initiated by Seagate concerning markers in Clam Bay.
AUDIENCE COMMENTS
Dr. Ted Raia supported the Pelican Bay Foundation defending the community against red and green
markers. However the Board of County Commissioners is ex-officio governing body of the Pelican Bay Services
Division Board and sole authority to modify the 1998 permit. All regulatory agencies stated the 1998 permit does
not require red and green markers.He does not agree this Board should take swift action that the court could view as
disingenuous and suggested postponing a vote to support the proposed resolution.
Ms.Jane DeFalco, 16-year resident of Pelican Bay supported Dr.Raia's position.
Ms. Mary Johnson was concerned the Services Division's support for tlsgiu would enshrine "sign
pollution".
Date:
No one else in the audience wished to speak and Chairman Dallas closed the au ien ssion.
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Pelican Bay Services Division Board Special Session Minutes
December 14,2011
DISCUSSION OF PROPOSED RESOLUTION REGARDING PENDING LEGAL ACTION
CONCERNING MARKERS IN CLAM BAY
Mr.James Hoppensteadt,President,Pelican Bay Foundation presented the Foundation's position regarding
the pending legal action concerning markers in Clam Bay. The Foundation recommended the Services Division
support the proposed resolution that seeks to memorialize the Services Division's endorsement of the existing canoe
trail markers and informational signs in Clam Bay authorized by Florida Department of Environmental Protection
(FDEP).
The issue is how to properly mark Clam Bay. Although all approving authorities recently authorized canoe
trail markers and informational signs as appropriate markers in Clam Bay, the Board must recognize this position
was not always universally held. Previously and despite the community's objections, the Board of County
Commissioners, Clam Bay Advisory Committee, Coastal Advisory Committee, and Army Corps of Engineers
(ACOE) agreed red and green lateral navigation markers were appropriate markers for Clam Bay, so there is
ambiguity with how the language can be interpreted.
As the Board discussed December 7, under a Florida Statute that authorizes individuals and homeowners
associations to seek enforcement of agency actions, Seagate contends the 1998 Joint Coastal Permit issued by FDEP
and the Army Corps of Engineers(ACOE)and Clam Bay Restoration and Management Plan(CBRMP)requires red
and green lateral navigation markers in Clam Bay.
The CBRMP states that if the main channel is marked, it must be marked in accordance with U.S. Coast
Guard (USCG) standards. This language does not exist in the FDEP permit. This language does not exist in the
CBRMP implementation section. This Board is the authority to implement the CBRMP. It is the Foundation's
position that the Services Division has a duty to amend this language because it has caused confusion. He urged the
Board not to waive its authority and opportunity to amend the CBRMP and support the proposed resolution.
Chairman Dallas explained the deadline for the legal filing is December 19,so this issue must be dealt with
today. There are two parts to the proposed resolution. One is that the Board supports the Foundation, and the other
part is amending the CBRMP so that the language does not exist,remove any doubt,and render Seagate's argument
moot. The Foundation would provide the Services Division with adequate representation vs. the County Attorney
who does not have a vested interest.
Vice Chairman Cravens made a motion, second by Ms. Womble to approve the resolution
recommending to amend specific language in the 1998 Clam Bay Restoration and Management Plan
and to remove any Scriveners errors in the document. The Board voted unanimously in favor,passing
the motion.
ADJOURNMENT
Vice Chairman Cravens made a motion, second by Mr. Chandler to adjourn. The Board voted
unanimously in favor,passing the motion.
Kei Dallas, u r airman Minutes by LRJ 12/22/2011 10:55:43 AM
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