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PBSD MSTBU Minutes 02/01/2012 RPELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MINUTES WEDNESDAY, FEBRUARY 1, 2012 LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Regular Session, Wednesday, February 1, 2012 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 0 Keith J. Dallas, Chairman Susan O'Brien MAR 1 -) 2012 Eli Tom Cravens, Vice Chairman Dave Trecker John P. Chandler Mary Anne Womble absent Geoffrey S. Gibson John Baron absent BY ........................ 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 Kevin Carter, Field Manager, Dorrill Management Group Fiala �— Tim Hall, Senior Ecologist & Principal, Turrell, Hall & Associates, Inc. Hiller Jim Hoppensteadt, President, Pelican Bay Foundation Henning REVISED AGENDA Coyle 1. Pledge of Allegiance Coletta 3c 2. Roll Call 3. Agenda Approval 4. Approval of January 4, 2012 Pelican Bay Services Division Board Regular Session Minutes 5. New Business a. Clam Bay Restoration Plan Annual Report Update (O'Brien) b. East of Berm Water Samples Results Update (O'Brien) 6. Administrator's Report a. Community Crosswalks b. Community Landscaping c. Pathways i. Presentations to Adjacent Associations Update ii. Bicycle /Motor Vehicle Incident Statistics for Pelican Bay Blvd. Roadway/Pathways (Chandler) d. South Berm Restoration Permitting Update e. Monthly Financial Report 7. Chairman's Report a. Clam Bay Update b. Announcements 8. Committee Reports a. Clam Bay (Trecker) b. Landscape Water Management (Cravens) i. Use of Invasive Exotics in Landscaping in Pelican Bay c. Budget (Levy) d. Strategic Planning Committee (Dallas for Womble) 9. Old Business 10. (Additional) New Business c. Letter to Commissioner Hiller to Request Increasing Road Maintenance Fiscal Year 2013 Budget (Chandler) 11. Audience Comments Misc. Corres: 12. Miscellaneous Correspondence 13. Adjournment Date: 57122-A 1'2— Item #:1(_o--,c -1141 Le Copies to: 8526 Pelican Bay Services Division Board Regular Session Minutes February 1, 2012 ROLL CALL With the exception of Ms. Womble, Mr. Baron, and Mr. Hansen all Board members were present. There were approximately seventy -five people in the audience. AGENDA APPROVAL Chairman Dallas amended the agenda to hear New Business items regarding Clam Bay first. Mr. Levy added Budget Subcommittee to Committee Reports. Mr. Chandler added "Letter to Commissioner Hiller to Request Increasing the Road Maintenance Fiscal Year 2013 Budget" to additional New Business. Vice Chairman Cravens made a motion, second by Dr. Trecker to approve the agenda as amended The Board voted unanimously in favor and the motion was passed. APPROVAL OF JANUARY 4, 2012 REGULAR SESSION MINUTES 'I Vice Chairman Cravens made a motion, second by Dr. Trecker to approve the January 4, 2012 Regular 'I Session minutes as presented The Board voted unanimously in favor and the motion was passed. NEW BUSINESS CLAM BAY RESTORATION PLAN ANNUAL REPORT UPDATE Mr. Tim Hall distributed the draft Clam Bay Annual Report to the Board and explained that he and Mr. Ken Humiston would present the formal report at the Clam Bay Subcommittee meeting on February 21 at 4 p.m. Due to technical difficulties with tidal gauges, Mr. Humiston's data was not included in the draft report, but anticipates it would be presented February 21 . EAST OF BERM WATER SAMPLES RESULTS UPDATE Mr. Hall reported he is doing a study for the Foundation that involves collecting samples from locations east of the berm to test for water quality and nutrient levels to identify areas of concern. The study is in progress and results would be summarized and reported on an annual basis. ADMINISTRATOR'S REPORT COMMUNITY CROSSWALKS Mr. Dorrill reported the community crosswalks project is complete. COMMUNITY LANDSCAPING Mr. Dorrill reported landscaping associated with the crosswalk projects was done using in -house labor. However the original budget considered using contract labor. There were savings made by doing the work in house and money is available in the existing Capital Projects fund to do additional projects. As directed by the Budget Subcommittee on January 17, Mr. Lukasz proposed a landscaping project to implement in house this summer using Ms. Ellin Goetz' "typical intersection" design plans for landscaping improvements at five public roadway intersections along Pelican Bay Boulevard in the following street order at: 1) Myra Janco Daniels Boulevard; 2) Hammock Oak Drive; 3) North Pointe Drive; 4) Crayton Road; and 5) Glenview Place. The work would cost $18,000 - $22,000 per intersection, and include installation of streaming irrigation that conserves more water. The Board directed staff to distribute the proposed landscaping design plans and plant palette for further discussion at the March 7 meeting. AUDIENCE COMMENTS Ms. Mollie Moffatt and Mr. Jerry Moffatt expressed discontent with the new landscaping and plant palette. Mr. Moffatt understood the purpose of replacing the irrigation with better streaming heads was to conserve water, but observed water spraying all over the place at the North Tram station. 8527 Pelican Bay Services Division Board Regular Session Minutes February 1, 2012 Mr. Dorrill explained landscaping and irrigation improvements at the North Tram station were only made in the medians and adjacent areas of the new crossing. The remaining area where there is sod was not part of the project's scope. PATHWAYS Mr. Dorrill presented the proposed pathways widening project as having evolved from the Pelican Bay Foundation's strategic master planning study in 2009 and Community Improvement Plan's many workshops and town hall meetings held jointly with the Foundation's Strategic Planning Committee and Pelican Bay Services Division Board in 2010 and 2011. The proposed project consists of replacing the five feet wide pathways with eight feet wide asphalt pathways because since the community was built more than thirty years ago the standards have changed and more pedestrians and bicyclists are sharing the pathways. The minimum code recognized multiuse pathway is ten feet to as wide as twelve. However space limitations in the road right -of -way cannot accommodate ten feet wide pathways. The question to be considered today is whether the Board would like to continue with eight feet wide pathways that would meander in a uniformed fashion to improve line of sight issues at cross streets and service driveways, and to avoid having to remove trees and develop a plan to replace trees. Mr. Dorrill reported on January 4, the Board directed staff to review the proposed pathways widening project with residents of adjacent condominiums and comments were received, some were well- founded, and some were negative in regards to perceived impact. However this project has been in the planning process for three years and was conceived for the greater good of the community. Mr. Jim Carr, P.E. explained the existing five feet wide pathways could be widened up to eight feet and still be classified as a sidewalk primarily for pedestrians, but bicyclists are not prohibited from riding on the pathway. He advised against installing signage to direct traffic on the pathways and cited a 2007 County Attorney opinion that bicyclists must yield the right of way to pedestrians. To be classified as shared, multi -use pathways, the standard is a minimum of ten feet wide, but twelve is preferred The current right of way permit was approved for widening the pathways to eight feet. If the project was changed to widen less than eight feet, the savings would be approximately $20,000. Installation of root barriers underneath carries the bulk of expense. The code requires maintenance of what the standard was when built. Vice Chairman Cravens acknowledged pathways maintenance is the County's responsibility, but not being done. Chairman Dallas pointed out the Services Division has funds available that are intended for completing the proposed pathways widening and various other Community Improvement Plan projects then opened the floor for audience comments. AUDIENCE COMMENTS Ten residents expressed opposition to the proposed pathways widening project for various reasons: 1) concerned that wider pathways would encourage more bicycle traffic on the pathways, creating unsafe conditions, especially at entrance /exit driveways; 2) objected to removing trees obstructing proposed route of wider pathway; and 3) disagreed the pathways were "crowded" or pedestrians and bicyclists usage was increasing and therefore there was no justification for the expense. Suggestions were made 1) to install bicycle lanes in the roadway and 2) perform a community survey before moving forward with the project. Public speakers opposing the project were Paul Liberti (Coronado); Bruce Beauchamp (Barrington Club); Diane Lustig (Hyde Park); Henry Bachman (Claridge); Marcia Cravens (Dorchester); Melanie Korn (Bay Colony); Dave Ritger (Oakmont); Roy Curbow (Montenero); John Domenic; and Elaine Daravingas (Montenero). Additionally, Coronado residents submitted two petitions opposing the project. Seven residents supported the proposed pathways widening project for several reasons: derived from the Community Improvement Plan study; 2) both the Foundation's Strategic Planning Committee and Pelican Bay Services Division Board who agreed the pathways should be widened to eight feet as recommended; 3) improvements should be made to maintain property values; and 4) to uphold Pelican Bay's premier community standards. Public speakers in favor of widening the Pelican Bay Services Division Board Regular Session Minutes February 1, 2012 pathways were Bill McCormick (Bay Colony); Calvin Grayson (Serendipity); Charles Bodo (Crown Colony /Strategic Planning Committee); Carson Beadle (Strategic Planning Committee); Howard Boyd (Chateaumere); Ray Bozzacco (St. Kitts); and Jack Thompson (St. Maarten/St. Thomas). Mr. Jim Hoppensteadt supported the project that was carefully planned over a long period, due diligence was done, and that residents had already paid for through property taxes. There were no additional public speakers and Chairman Dallas closed the audience comments session. DISCUSSION The Board discussed how to proceed with the proposed pathways widening project. Ms. O'Brien recommended before moving forward the Board should do a survey to gauge public sentiment. Mr. Dorrill said if the Board decided to do a survey staff would hire an unbiased entity to prepare questions and implement in a format that would achieve statistically significant results. Also the Board would need to consider the commercial properties who do not usually want to spend their money on residential improvements. The Board acknowledged that the pathways were in poor shape, it was the County's responsibility to maintain the pathways, and whether to lobby Commissioner Hiller for support. Consensus was that the pathways needed to be redone, but the issue was deciding whether to widen and by how many feet, safety issues, and circumnavigating trees. Mr. Dorrill would look into what the County is planning for roadway and pathway maintenance for Fiscal Year 2013 and report back. FAILED MOTION Mr. Gibson made a motion, second by Mr. Levy to proceed with the pathways project, modifying the eight foot width to flex down to six feet minimum with reasonable transitions (along the west side of Pelican Bay Boulevard beginning with the section from The Commons to the North Tram station) and with the following caveats: (and where the engineer and/or landscape architect determines it is feasible) 1) if a tree is taken out, or what is a last ditch effort to do so then the tree would be replaced somewhere in- kind close by; and 2) to address safety issues at driveways, that pathways in no instance be any closer to buildings. Chairman Dallas requested a roll call vote. The Board voted 3 in favor (Mr. Gibson, Chairman Dallas, and Mr. Levy), S opposed (Dr. Trecker, Vice Chairman Cravens, Mr. Chandler, Mr. laizzo, and Ms. O'Brien) and the motion failed. PASSING MOTION Vice Chairman Cravens made a motion, second by Mr. Chandler `to make it a six-footpath throughout (along the west side of Pelican Bay Boulevard beginning with the section from The Commons to the North Tram station) "with the conditions that were in Geoff's [Gibson] original motion" (where the engineer and/or landscape architect determines it is feasible): 1) if a tree is taken out, for what is a last ditch effort to do so then the tree would be replaced somewhere in -kind close by; and 2) to address safety issues at driveways, that pathways in no instance be any closer to buildings. Chairman Dallas requested a roll call vote. The Board voted S in favor (Vice Chairman Cravens, Mr. Chandler, Mr. Gibson, Mr. faizzo, and Dr. Trecker) and 3 opposed (Chairman Dallas. Mr. Levv. and Ms. O'Brien) and the motion was passed (Pathways failed motion and passing motion transcription pages 8532 -8537) SOUTH BERM RESTORATION PERMITTING UPDATE Mr. Dorrill reported staff had confirmed agency permitting requirements for the south berm restoration project. The Army Corps of Engineers (USACE) is requiring a nationwide "dredge and fill" permit; South Florida Water Management District (SFWMD) is not requiring a letter of modification or environmental resource permit; and Florida Department of Environmental Protection (FDEP) affirmed through a letter of exemption that within the drainage easement there are no 8529 Pelican Bay Services Division Board Regular Session Minutes February 1, 2012 restrictions to trim or make alterations to mangroves. Wilson Miller - Stantec environmental consultants have suggested exploring amending the site development plan. However, Mr. Dorrill said staff has gone beyond what is reasonable to obtain the required permitting for what is considered a maintenance project. Staff plans to put this project out to bid, so that work can begin this summer. To accommodate equipment and fill, the south berm may need to be partially closed at times for a period of about 3 -4 weeks. Vice Chairman Cravens was concerned about the south berm being inaccessible. Mr. Dorrill assured that staff would work with the Foundation to provide necessary access to residents and trams. Dr. Trecker distributed a legal opinion that he was concerned about stating the Foundation owned the berm and requested clarification because the Pelican Bay Services Division is spending its funds on private property. Mr. Dorrill said there is no question that the land is owned by the Foundation. However the earthen berm was constructed with bond proceeds and therefore is an asset of the Pelican Bay Services Division. Drainage facilities and lakes are also assets of the Services Division because they are part of the master drainage system. The asphalt pathway atop the berm was built by the developer and maintained by the Foundation and owned by the Foundation. Mr. Hoppensteadt said he would provide documentation regarding ownership of the berm and the Board planned to discuss further at the March 7 meeting. MONTHLY FINANCIAL REPORT Mr. Chandler made a motion, second by Mr. Levy to accept the financial report into the record. The Board �� voted unanimously in favor and the motion was passed. CHAIRMAN'S REPORT CLAM BAY UPDATE Chairman Dallas reported there is no news regarding Seagate's lawsuit except the FDEP rejected Seagate's request for an administrative hearing; Mr. Feldhaus is still working with the County to develop a mutual agreement to manage Clam Bay; and the Legislature is expected to approve water quality regulations soon. ANNOUNCEMENTS Chairman Dallas announced upcoming meetings: Foundation Board Candidate Forums are February 7 and 29 at 4 p.m.; Coastal Advisory Committee meets February 9 at 1 p.m.; Budget Subcommittee meets February 13 at 3 p.m.; Tim Hall and Ken Humiston will make presentations at the February 21 at 4 p.m. Clam Bay Subcommittee meeting; Foundation Board meets February 24 at 8:30 a.m.; and next Services Division Board meeting is March 7 at 1 p.m. COMMITTEE REPORTS CLAM BAY Dr. Trecker said he did not have anything to add to what was already discussed. LANDSCAPE WATER MANAGEMENT F an Cravens made a motion, second by Dr. Trecker that the Pelican Bay Services Division would xotic invasive plants (including Mexican Petunia and Wart Fern) listed on the current Florida Plant Council's invasive plant list for landscaping materials in Pelican Bay. The Board voted favor - one (1) opposed (Ms. O'Brien) and the motion was passed. 8530 Pelican Bay Services Division Board Regular Session Minutes February 1, 2012 BUDGET Mr. Levy reported the Budget Subcommittee met January 17 and discussed the Fiscal Year 2013 budget preparation schedule. The proposed FY 2013 budget would be presented to the full Board at the May meeting. The next Budget Subcommittee meeting is February 13 at 3 p.m. STRATEGIC PLANNING COMMITTEE Chairman Dallas reported on behalf of Ms. Womble that both the Foundation and Strategic Planning Committee supported the pathways widening project. OLD BUSINESS None AUDIENCE COMMENTS Dr. Ted Raia said the berm became property of the Foundation as part of a lawsuit settlement. Ms. Marcia Cravens presented a map of Pelican Bay that showed restrictions and protective covenants; and disc that contained the map and related historical documents. ADJOURNMENT MIA motion, second and unanimous vote was made to adiourn the meeting at 4:21 p.m. 11 1 Y4 Keith . Dallas, Ch 'rman 8531 Minutes by Lisa Resnick 3/2/2012 11:11:33 AM