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La Peninsula Seawall MSBU Agenda 03/13/2014 La PaNiasrsea Saawaft MS$u Advisory Committee Clubhouse ''//[ 10 La Peninsula Blvd t Naples, FL 34113 T ' TTT \\ OUT 5 AGENDA: MARCH 13, 2014 --e------ 9:00 A.M. I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of Minutes 2/28/2014 V. Chairman's Report- Kathy Bruns VI. Project Manager Report VII. Old Business a. By Laws VIII. New Business IX. Public Comment X. Member Comment XI. Adjourn Next Meeting—April 10, 2014, 10:00 a.m. (location to be determined) La P, d s. sSa Seawaf M8 L1 S $ Advisory C�oi t &ftee Clubhouse 10 La Peninsula Blvd Naples, FL 34113 MINUTES: FEBRUARY 28, 2014 Attendance: Advisory Board Members: Kathy Bruns- Chairman Les Behne-Vice Chairman Susan Crain, Abbe Drossner Advisor Board Members- Present by phone- Mike Pierpaoli Staff: Michelle Arnold —ATM Director Harry Sells—MSTU Project Manager Tessie Sillery—Operations Coordinator Public- 38 people present-see attached list. Call to order Kathy Bruns- Chairman called meeting to order at 10:03 A.M II. Roll Call Harry Sells Project Manager, called the roll. Four members present. A quorum was declared by the Chairman Kathy Bruns. Kathy Bruns moved that Michael Pierpaoli's absence be excused and he be allowed to participate via telephone Motion seconded by Abbe Drossner. Item passed 4-0. Michael Pierpaoli will have all rights of a present advisory committee member as if he were present. III. Approval of Agenda Chairman Kathy Bruns moved to approve the Agenda with the following modifications. a. Add an item after IV.Approval of Minutes for the Chairman's Report/Comments b. Reverse the order of items VIII. Public comment and IX. Member Comment Motion seconded by Susan Crain. Motion passed 5-0 IV. Approval of Minutes Abbe Drossner moved that minutes for 2/13/2014 be accepted as written. Motion seconded by Les Behne. Motion passed 5-0 IV-A. Chairman's Report- Kathy Bruns The Chair provided a brief history of activities that led up to the formation of the MSBU and issues that have been raised by Community members. She stated the mission of the La Peninsula Seawall MSBU was to repair/replace the seawall to a state that would make it stable over a long term. She wanted all the property owners affected by the MSBU to participate in the meetings and know that their comments will be heard and shared with the Board of County Commissioners (BCC). V. Project Manager Report- Harry Sells Mr. Sells presented a flow chart of the various events that have occurred and have yet to occur for the La Peninsula Seawall MSBU in order to meet the objective. (See Attached) The Chart showed the steps required to achieve the objective of repairing/replacing the La Peninsula Seawall. The only items on the chart that have been decided are the following: • BCC established the La Peninsula Seawall MSBU in December 2013 • BCC selected the MSBU Advisory Committee in January 2014 • Orientation for the Advisory Board Meeting held on 2/13/2014. The following items/tasks have yet to be completed: • Commissioning an Engineering study to determine the condition of the wall; • Receiving recommendations for the repairs/replacement and determining course of action; • Bidding and letting contracts for determined course of action; • Determining cost for project; • Establishing an assessment for the property owners; • Going through the Loan Validation process; • Negotiating and finalizing a loan; and • Repairing/Replacing(or a combination thereof) the seawall. VI. Old Business-There was no old business discussed. VII. New Business -There was no new business discussed. 2 VIII. Public Comment Chairman Kathy Bruns opened the meeting to public comments with the following rules: a. Each speaker must identify themselves, and will be limited to a three minute time period. b. A speaker may not speak a second time until all other speakers have had a chance to speak. c. Respect for others is requested. d. She would close the public comments at the end when the regular meeting resumed. Many speakers participated. There were questions about how much money the County would ask the Association to contribute. There were questions about the terms of a loan and disappointment to hear that the terms were reduced from 30 years to 10 years. There was a question about the assessment method that would be imposed. Staff advised that there has been no determination on most of the matters in question. Commissioner Henning was present and questioned how the public outside of the development would have access to the meeting; why a staff member from the Clerk of Court was not present to take minutes; and whether the Advisory Committee had established rules. The Chairman responded by saying that the public does have access via a walkway into the development. Mrs. Arnold responded that they would look into addressing increasing public access to the meeting. Staff advised that the meeting was being recorded and minutes were being taken. Also that By-laws for the committee has been drafted but not yet approved by the Committee. There were several other comments from the public that were more La Peninsula business rather than MSBU business and Mrs. Arnold recommended that there be a portion on the Agenda to give an update related to Association business that intertwined with MSBU business. After all the public comments were heard the meeting was closed for public comment. 3 IX. Member Comment Abbe Drossner discussed her concerns about the proposal that was being circulated by some of the Association members. Susan Crain noted that some had been circulating information that Twin Dolphin was not a part of the MSBU but they are. Mike Pierpaoli noted that all the Engineering reports that have been prepared so far indicate that there is a problem with the seawall. X. Adjourn There being no further business for the good of the County, the Meeting was adjourned by order of the Chairman at 11:55 a.m. Next Meeting- March 13, 2014, 1:00 PM at the La Peninsula Club House La Peninsula Seawall MSBU Advisory Committee Kathy Bruns, Chairman The Minutes were approved by the Committee Chair on , 2014 "as submitted" [_] OR"as amended" [_]. 4 Public Present at La Peninsula MSBU Advisory Committee Meeting 2/28/2014 Eric Loth Joseph Racanelli Bob Dolter Darlene Havers Fred Havers Harry Hattenback Jan Van Deelen Larry Marriott Erna Biesenberger Jan Marriott John Vosika Jim Crain Leonard Stape Jim Gault Carmen Ryan Don Lockhart Sheila Coletta Craig Pillatsch Joann Pillatsch Rich Anderson Hakon Thuve Stephen Cavanaugh Devon Be Mehl Tony Procaccio Lurita Pracaccio D.Decaro Fran Waters Patti Adams Roland Girardet Trish Wilcox Diane Pearse Vicki Hesche Greaeme Murray Joseph Coletta Bill Zammer Joanne Jacobson J Donadio Tom Henning Actual sign in sheet Attached 5 C jollier County La Peninsula MSBU ATTENDANCE SHEET DATE: 2-28-2014 TIME STARTED: j.00;o3 ,v4 TIME ENDED: lI ;3 f LOCATION: 10 La Peninsula Lane NAME .- , SIGNATURE (1) Les Behne, Vice Chairman(21_ Susan Crain i f: (3) MichaelPierpaoli ���,, 1, �� ( 41_ ,y,-j,!jf) (4) Kathleen Bruns, Chairman (5) Abbe Drossner Staff: Michelle Arnold, ATM Director c - Harry Sells, MSTU Project Mgr. y� Tessie Sillery, Operations Coordinator .- _ LA PENINSULA SEAWALL Municipal Service Benefit Unit(MSBU)ADVISORY COMMITTEE BY LAWS ARTICLE I Name The name of this Advisory body shall be the La Peninsula Seawall Municipal Service Benefit Unit(MSBU) Advisory Committee ARTICLE II Jurisdiction The Advisory Committee shall function as an advisory body to the Board of County Commissioners (BCC) and is governed under Ordinance 2013-70. The Committee will make recommendations to the BCC in matters related to seawall repair and/or replacement, funding, preparation of bid documents, management of contracts, and managing the annual budget. The BCC shall have the final authority over the actions of the MSBU. ARTICLE III Officers and their Duties Section 1. The officers shall consist of a Chair and Vice-Chair. Section 2. The Chair shall preside at the meetings and shall have the duties normally conferred by parliamentary usage of such officers. Section 3. The Chair may call special meetings, appoint subcommittees, and act as a liaison with government bodies and other related committees. Section 4. The Chair shall have the privilege of discussing all matters before the Committee and shall have the same voting rights as all Committee members. Section 5. The Vice-Chair during the absence of the Chair or the Chair's inability to serve, exercise all of the duties and powers of the Chair. Section 6. The full Committee may participate in the election process and vote. Section 7. The Advisory Committee shall adopt procedures by which it shall operate. 1 ARTICLE VI Election of Officers Sections 1. Nomination of Chair and Vice-Chair shall be made from the floor at the annual organization meeting in February of each year, and the election shall be held immediately thereafter. Section 2. A candidate receiving the majority vote shall be declared elected and shall serve a term of one(1) year, or until a successor shall take office. An Officer is eligibility for reelection if the term of the Advisory Committee is extended. Section 3. Vacancies in the position of Chair and Vice-Chair shall be filled immediately by regular elections procedures. Section 4. The Chair of Vice-Chair may be removed by a super majority of the Committee with or without cause. ARTICLE V Committee Structure and Meeting Requirements Section 1. The La Peninsula Seawall MSBU Advisory Committee shall consist of five (5)members. Section 2. Committee Appointments - Appointment of members to the Advisory Committee shall be by resolution of the BCC, which resolution shall set forth a date of appointment. The first appointment will be two members for three years, two members for two years and one member for one year. Each appointment after the first shall be for a term of three years. Appointments to fill any vacancies on the Advisory Board shall be for the remainder of the unexpired term. Section 3. Regular Meetings—Regular meetings of the Advisory Committee shall be held on the second Thursday monthly at 10:00 a.m. If a regular meeting is required to be held at a time and location other than what is specified herein,notice will be provided at least 72 hours prior to the meeting and posted on the County website. Section 4. Special Meetings—Special meetings of the Advisory Committee may be convened by the Chair upon giving notice thereof. Section 5. Notices—Notices of an Advisory Committee meeting shall be given to all members and to the Public at least seventy-two (72) hours in advance of the meeting. At any meeting, the Committee may set a future meeting date. Staff may provide notices and agendas to members at least seventy-two (72) hours prior to meetings. Section 6. Attendance—Members may notify the Staff Liaison or the Transcriptionist if 2 they cannot attend a meeting. If a member misses two (2) successive Committee meetings without a satisfactory excuse,he/she may forfeit his/her appointment. Attendance is preferred in person but may occur telephonically provided that(1)there is a quorum of the Committee members physically present; and(2)the members who are present both authorize the participation by telephone, and find that the absence was due to"extraordinary circumstances." Once approved to participate, the absent member can conduct themselves in the same manner as if they were present, including making motions and voting on items. Section 7. Quorum— A quorum of the Advisory Committee shall consist of three (3) members and an affirmative vote of a majority of those present and voting shall be necessary to pass any motion. In the absence of a quorum, those members present may review the agenda items and make recommendations that may be reviewed for approval by the Advisory Committee at its next meeting where there is a quorum present. Section 8. Voting—Voting shall be by voice vote, or show of hands,if necessary, and may be recorded by individual (or group). Section 9. Meetings -All meetings shall be open to the public to encourage public awareness and participation. Section 10. Minutes-Minutes shall be taken at all Advisory Committee meetings. Voice recording of meetings is acceptable. A written record of meetings, resolutions, findings and determinations shall be kept for the Advisory Committee. Section 11. Documents-The Alternative Transportation Modes staff shall assist with preparation, duplication, and distribution of materials necessary for meetings. Copies of all Advisory Committee minutes, resolutions, reports and exhibits shall be submitted to the Clerk's Office and posted on the County Website for public viewing. Section 12. Except as otherwise provided in these Bylaws, Roberts Rules of Order shall be followed at all meetings. Section 13. Agendas — Agendas are set by the Chair with coordination with the Staff Liaison. Members may send agenda items request to the Staff Liaison prior to the publishing of the Agenda. Otherwise,the agenda may be change at the meeting prior to approval of the Agenda. ARTICLE VI Order of Business I Call to Order II Roll Call III Approval of Agenda 3 IV Approval of Minutes V Budget Report VI Project Manager Report VII Other Report(s) VIII Old Business IX New Business X Public Comments on items NOT on the Agenda XI Members Comments XII Adjourn Next Meeting Date ARTICLE VII • Public Participation All La Peninsula Seawall Advisory Committee meetings will be public meetings as required by Florida Statutes. Participation by the Public is encouraged and in an effort to be fair to all wishing to participate,the following rules shall apply when receiving public comment. Section 1. Public Comment on Items on the Agenda- During each portion of the agenda the Chair may open up the meeting for public comments. a. The Chair shall declare when the floor will be open to public comments. b. The Chair shall declare when the public comments period for the Agenda item is closed for public comments. Once the item is closed for public comment there shall be no further comment from the floor. c. All persons wishing to speak on an Agenda item must register with the Staff liaison prior to the presentation of the Agenda item by completing a speaker's slip. d. Each public participant must identify themselves by name and address. e. All registered speakers will receive up to three(3)minutes to speak unless the time is adjusted be the Chair. f. There will no sharing of minutes among those present in an effort to extend the time permitted to speak. g. Once a participant has been afforded the opportunity to speak he/she may not speak again unless requested by the Chair. Sections 2. Public Comment on Items NOT on the Agenda—A Public Comments section will be included in each agenda. During this portion of the meeting items that have not been brought forward previously or were not on the agenda may be discussed or raised by the Public. a. All persons wishing to speak on under public comments on items not on the Agenda must register with the Staff liaison prior to this portion of the Agenda by completing a speaker's slip. 4 b. Each public participant must identify themselves by name, address, and specify subject matter. c. All registered speakers will receive up to three(3)minutes to speak unless the time is adjusted be the Chair. d. There will no sharing of minutes among those present in an effort to extend the time permitted to speak. e. Once a participant has been afforded the opportunity to speak he/she may not speak again unless requested by the Chair. ARTICLE VIII Amendment to By-Laws Section 1. Any proposed permanaent amendment to the By-Laws shall be provided to every Advisory Committee member at least seven seventy-two (72)hours before it is voted on at a regular meeting. Section 2. These Bylaws, and any and all amendments to the By-Laws, will become effective upon an affirmative vote of a majority of the quorum. These By-Laws for the La Peninsula Seawall MSBU Advisory Committee are hereby approved this day of , 2014 La Peninsula Seawall MSBU Advisory Committee By: Date Chair Kathy Bruns By: Date Vice Chair-Les Behne By: Date Susan Crain By: Date Abbe Drossner By: Date Michael Pierpaoli Attested by: Date Michelle Arnold, ATM Director 5