Agenda 08/27/2015PELICAN BAY SERVICES DIVISION
Municipal Services Taxing & Benefit Unit
NOTICE OF PUBLIC MEETING THURSDAY, AUGUST 27, 2015
THE LANDSCAPE & SAFETY COMMITTEE OF THE PELICAN BAY
SERVICES DIVISION WILL MEET AT 1 PM ON AUGUST 27 AT THE
COMMUNITY CENTER AT PELICAN BAY, LOCATED AT 8960
HAMMOCK OAK DRIVE, NAPLES, FLORIDA.
AGENDA
1. Call to order
2. Agenda approval
3. Approval of 2/25/15 and 5/27/15 meeting minutes
4. Audience comments
5. Administrator's report
a. Oakmont Lake path and lake bank update
b. Update on Waterpark Place /Gulf Bay developer's plans to remove oaks,
palms, cut through existing medians and alter Pelican Bay Blvd. & tree
canopy
6. Glenview "turn around /circle" issue
7. Phase III CIP re- landscaping discussion
a. Goal setting for any new re- landscaping project based on the past
experiences with CIP Phase I & II projects and their unintended
consequences
8. Chairman's Report
a. Monthly "drive- around" with Marion and his supervisors
i. Cul -de -sac landscaping issues and requests from residents
ii. Entrance landscaping issues
1. PB Blvd. North /US 41 and monument sign (north side)
2. Oakmont Pkwy /PB Blvd.
b. Landscape maintenance needs
c. Sharrow repainting (especially on Gulf Park Dr.)
d. Green Tree Dr. pathway resurfacing and needs
9. Committee member comments and new business
a. * Recommendation to change turn lane designations at traffic light on
Hammock Oak Dr. at Vanderbilt Beach Rd.
10. Adjournment
* indicates possible motions and votes
ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO THREE (3) MINUTES PER ITEM TO
ADDRESS THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND
ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO
SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL
A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO
NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU ARE ENTITLED TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY SERVICES DIVISION AT (239) 597-
1749 OR VISIT PELICANBAYSERVICESDIVISION.NET.
8/25/2015 2:45 PM
PELICAN BAY SERVICES DIVISION
BICYCLE SAFETY WORKSHOP AND CLINIC
FEBRUARY 25, 2015
The Pelican Bay Services Division sponsored a Bicycle Safety Workshop & Clinic on
Wednesday, February 25, 2015, at 2 p.m. at the Community Center at Pelican Bay, located at
8960 Hammock Oak Drive, Naples, Florida 34108.
Moderators
Dr. Joe Chicurel, Pelican Bay Services Division Board
Joe Bonness, Naples Pathway Coalition
Mark Dillon, Naples Pathway Coalition
Georgia Hiller, Commissioner, District 2
Trish Priller, Naples Velo Community
Mark Trudeau, Naples Cyclery
Officer Benny Vasquez, Naples Police Department
Also Present
Ken Dawson, Pelican Bay Services Division Board
Bill Fassold, Collier County Communications & Customer Relations Department
Corporal Thomas Folden, Collier County Sheriff's Office
John Iaizzo, Pelican Bay Services Division Board
Lavah Hetzel, Collier County Communications & Customer Relations Department
Lisa Jacob, Pelican Bay Services Division Staff
Corporal James Klewicki, Collier County Sheriffs Office
Susan O'Brien, Pelican Bay Services Division Board
Scott Streckenbein, Pelican Bay Services Division Board
Dave Trecker, Pelican Bay Services Division Board
Sergeant Jake Walker, Collier County Sheriff s Office
31 in audience
AGENDA
1. Bicycle safety workshop
2. Bicycle safety clinic
3. Adjournment
BICYCLE SAFETY WORKSHOP
Dr. Joe Chicurel opened the bicycle safety workshop and welcomed those in attendance.
He explained that Pelican Bay pathways and roadways are County property and are open to the
public. Due to the increase in walkers and cyclists, the Pelican Bay Services Division (PBSD)
recently installed sharrow markings to encourage cyclists to use the roads rather than the
sidewalks.
Mr. Mark Dillon introduced himself as a resident of Pelican Bay and cyclist, and gave a
brief history of his involvement with cycling and the Naples Pathways Coalition.
Pelican Bay Services Division Bicycle Safety Workshop and Clinic
February 25, 2015 Minutes
Mr. Joe Bonness gave his background as a cyclist and his involvement in the Naples
Pathway Coalition. As a road builder, he is very familiar with the laws of the roadways and the
safety aspects of cycling. He gave statistics of cycling accidents compared to those of
automobiles, motorcycles and pedestrians, and reviewed the rules of the road for cyclist safety.
Mr. Bonness also explained cyclists' rights and responsibilities, and went over the top -ten tips
for successful cycling, which he provided as a handout.
Officer Benny Vasquez of the Naples Police Department spoke as a full -time bicycle
police officer for the past five years, and provided bicycling safety brochures created by the City.
He stressed the fact that bicycles are vehicles and the cyclist must follow all the rules of the road,
such as stopping at red lights and stop signs, using directional hand signals and generally being
cautious and aware of their surroundings. Defensive cycling was discussed, as well as the
importance of making eye contact with vehicle drivers and the correct use of sharrow markings.
Questions were taken from the audience, and the importance of wearing a helmet was
noted, along with the fact that they should be replaced every five years. Properly inflated tires
were advised and front and rear lights were also important for safety purposes. Brakes should be
tested on a regular basis.
Commissioner Georgia Hiller indicated that the Collier County Commission has made
safety for cyclists and other vulnerable users of the roadways a priority this year and informed
that Representative Passidomo is backing a bill to promote safety for cyclists.
Ms. Trish Priller spoke briefly about her efforts with this bill for vulnerable cyclists since
her husband was seriously injured after he was hit while cycling by a motorist driving on the
wrong side of the roadway.
ADJOURNMENT
Dr. Chicurel thanked the speakers and the attendees, and urged those present to attend the
free bicycle safety check up being provided by Naples Cyclery in the Pelican Bay Community
Center parking lot.
2
LANDSCAPE AND SAFETY COMMITTEE
PELICAN BAY SERVICES DIVISION
MAY 27, 2015 MEETING MINUTES
The Landscape and Safety Committee of the Pelican Bay Services Division met on
Wednesday, May 27 at 3 p.m. at the Community Center at Pelican Bay, 8960 Hammock Oak
Drive, Naples, Florida. In attendance were:
Landscape and Safety Committee
Joe Chicurel, Chairman
Dr. Patricia Bush
Tom Cravens
Pelican Bay Services Division Staff
Neil Dorrill, Administrator
Marion Bolick, Operations Manager
Ken Dawson
Scott Streckenbein (absent)
Mary McCaughtry, Operations Analyst
Lisa Jacob, Recording Secretary
Also Present
Kevin Carter, Project Manager, Dorrill Management Group
Susan O'Brien, Chairman, Pelican Bay Services Division Board
Dave Trecker, Pelican Bay Services Division Board
APPROVED AGENDA (AS AMENDED)
1. Call to order
2. Pledge of Allegiance
3. Agenda approval
4. Administrator's report
a. Extraordinary police protection update
b. FY 2016 landscape needs update
i. Manpower
ii. Vehicles
iii. Irrigation
iv. Miscellaneous
c. Oakmont Lake path update
d. Oak Lake Sanctuary updates (add -on)
5. Presentation and discussion of landscape architect's CIP Phase 3 plans
a. Staff evaluation of Phases 1 and 2 CIP re- landscaping projects as it relates to
the criteria and goals of the CIP
b. Staff recommendations as to how to proceed with Phase 3
6. Discussion & update on PBSD's role in community as it pertains to Foundation
property
7. Chairman's report
Landscape & Safety Committee of the Pelican Bay Services Division
May 27, 2015 Meeting Minutes
a. e -mails and phone calls from residents
b. 2015 -16 bicycle safety program
c. Update on bicycle legislation
8. New business
a. Discussion on connecting Crayton Road to Pelican Bay
b. Cap Antibes changes to Pelican Bay Blvd. and medians
c. Discussion on 3 -way stop signs at North Pointe Drive and Pelican Bay Blvd.
d. Additional exotic plant removal (add -on)
9. Adjournment
CALL TO ORDER/ROLL CALL
Four members were present and a quorum was established.
AGENDA APPROVAL
Mr. Cravens motioned, Mr. Dawson seconded to approve the agenda with the
addition of items 4d, Oak Lake Sanctuary updates and 8d, Additional exotic
removal. The motion carried unanimously.
AUDIENCE COMMENTS
Ms. O'Brien suggested the Committee address landscaping overgrowth related to line
of sight issues at crosswalks, and the expanded use of mulch beds.
ADMINISTRATOR'S REPORT
EXTRAORDINARY POLICE PROTECTION UPDATE
Staff is preparing a summary report of the Sheriffs Office extra patrol services that the
PBSD utilized last winter season, which would be presented at the next full Board meeting.
FY 2016 LANDSCAPING NEEDS UPDATE
Staff presented the most recent map that categorized PBSD and Foundation property
interests (by ownership or easement) where PBSD performs landscaping maintenance.
OAKMONT LAKE PATH UPDATE
The bidding process was completed and staff would make an award recommendation at
the next full Board meeting.
2
Landscape & Safety Committee of the Pelican Bay Services Division
May 27, 2015 Meeting Minutes
OAK LAKE SANCTUARY UPDATE (ADD -ON)
Exotics were removed at Oak Lake Sanctuary; however, additional work was needed
within the PBSD drainage easement which included construction of a swale within the flow way
and littoral plantings to prevent erosion.
PRESENTATION AND DISCUSSION OF CIP PHASE 3 LANDSCAPING PLANS
STAFF EVALUATION OF CIP PHASES 1 & 2 LANDSCAPING PROJECTS
Dr. Chicurel reviewed Staff's report of Phases 1 & 2 landscaping projects, which were
intended to reduce landscaping maintenance needs, as well as reduce water usage; however,
these plantings increased the need for maintenance trimming, which increased the need for
additional manpower; and water usage was not reduced as intended because the irrigation system
was not changed and remained configured for sod.
STAFF RECOMMENDATION FOR PROCEEDING WITH PHASE 3
Mr. Cravens motioned, Mr. Dawson seconded that a recommendation be made to
the full Board that a one year moratorium be taken on Phase 3 landscaping and
that this time be used to reevaluate whether the Phase 3 proposal will achieve the
results that were originally intended. The motion carried unanimously.
DISCUSSION AND UPDATE OF THE PBSD'S ROLE IN THE COMMUNITY AS IT
PERTAINS TO PB FOUNDATION PROPERTY
Discussions to formalize a landscaping maintenance agreement between the PBSD and
Foundation are ongoing and unresolved at this time.
CHAIRMAN'S REPORT
E -MAILS AND PHONE CALLS FROM RESIDENTS
The Committee discussed various a -mails and phone calls received from residents
regarding stop signs, tree trimming, additional landscaping maintenance needs and lighting.
2015 -16 BICYLE SAFETY WORKSHOPS
Dr. Chicurel planned to offer two additional bicycle safety workshops next year.
UPDATE ON BICYCLE LEGISLATION
Dr. Chicurel reported Representative Passidomo planned to reintroduce failed legislation
to the Florida Legislature again next year.
Landscape & Safety Committee of the Pelican Bay Services Division
May 27, 2015 Meeting Minutes
NEW BUSINESS
DISCUSSION ON CONNECTING CRAYTON ROAD TO PELICAN BAY
Dr. Chicurel reported that the Naples Pathways Coalition would like to connect a
pedestrian and bicycle path from Crayton Road in Pelican Bay to Seagate Drive. The consensus
of the Committee was to keep the separation between Seagate and Pelican Bay's Crayton Road.
CAP ANTIBES CHANGES TO PELICAN BAY BLVD MEDIANS
The County is permitting the developer to cut through the medians on Pelican Bay
Boulevard that are the maintenance responsibility of the PBSD; however, the PBSD was not
notified prior to this authorization; and Mr. Dorrill would contact the County engineer for more
information then provide an update at the next full Board meeting.
DISCUSSION ON 3 -WAY STOP SIGNS AT NORTH POINTE & PELICAN BAY BLVD
Mr. Cravens motioned, Dr. Bush seconded to recommend to the full Board that the
PBSD recommend to the County that 3 -way stop signs not be installed at North
Pointe Drive and Pelican Bay Boulevard because the criteria used to determine the
need for stop signs were not met. The motion carried unanimously.
ADDITIONAL EXOTIC REMOVAL
Brazilian Pepper was indicated to be a serious problem on the boardwalk at Clam Pass
Park and Mr. Dorrill would contact the County's Parks & Recreation Director for additional
information then provide an update at the next full Board meeting.
ADJOURNMENT
A motion and second was made to adjourn, which carried unanimously, and the meeting
was adjourned at 4:50 p.m.
4
August 27, 2015
Landscape & Safety Committee of the Pelican Bay Services Division
Item 4a. Repaired & Resurfaced Oakmont Lake Path and Associated Safety Issues
New Path at the Oakmont Lake
Hazardous asphalt drop off from the new path to grass
August 27, 2015
Landscape & Safety Committee of the Pelican Bay Services Division
Item 4a. Repaired & Resurfaced Oakmont Lake Path and Associated Safety Issues
Good /safe lake bank flush with the new asphalt path
2
August 27, 2015
Landscape & Safety Committee of the Pelican Bay Services Division
Item 4a. Repaired & Resurfaced Oakmont Lake Path and Associated Safety Issues
Continued erosion problems from residential side of path
3
August 27, 2015
Landscape & Safety Committee of the Pelican Bay Services Division
Item 4a. Repaired & Resurfaced Oakmont Lake Path and Associated Safety Issues
Safe and attractive planting /grass (lake bank) pathway interfaces
11
August 27, 2015
Landscape & Safety Committee of the Pelican Bay Services Division
Item 4a. Repaired & Resurfaced Oakmont Lake Path and Associated Safety Issues
Hazardous and dangerous drainage grate
5
August 27, 2015
Landscape & Safety Committee of the Pelican Bay Services Division
Item 4a. Repaired & Resurfaced Oakmont Lake Path and Associated Safety Issues
Another view of the drainage grate
rol
August 27, 2015
Landscape & Safety Committee of the Pelican Bay Services Division
Item 4a. Repaired & Resurfaced Oakmont Lake Path and Associated Safety Issues
Unsafe steep and hazardous drop -off
from the path to lake bank grade
%/
August 27, 2015
Landscape & Safety Committee of the Pelican Bay Services Division
Item 4a. Repaired & Resurfaced Oakmont Lake Path and Associated Safety Issues
Unsafe steep and hazardous drop -off from path to grass
E'6
August 27, 2015
Landscape & Safety Committee of the Pelican Bay Services Division
Item 4a. Repaired & Resurfaced Oakmont Lake Path and Associated Safety Issues
Unsafe and unsightly lake bank with hazardous asphalt drop -off
I
August 27, 2015
Landscape & Safety Committee of the Pelican Bay Services Division
Item 4a. Repaired & Resurfaced Oakmont Lake Path and Associated Safety Issues
Asphalt cracking at edges ALREADY (7/28/15)
10
August 27, 2015
Landscape & Safety Committee of the Pelican Bay Services Division
Item 4a. Repaired & Resurfaced Oakmont Lake Path and Associated Safety Issues
Major hazardous drop -off from new path to lake bank
11
Waterpark Place Board of Directors meeting 8 -18 -15 at St. Laurent
Attendees: Joe Parisi, Anthony DeNardo, Mark Woodward, Myron Berger, Bill McCormack (phone),
Pat Bush
Joe Parisi presented the plans at Waterpark Place related to construction. He confirmed plans to
remove 6 oak canopy trees and 5 sabal palms, the palms to be replanted. He also presented plans
related to interim and permanent changes to entry and exit which involve changes to median strips. He
even passed out a drawing showing the new low plants to be planted in the median He repeatedly said
that he had worked with the PBSD from the start and the PBSD knew about everything and had no
objections. When pressed, he said it was Marion Bolick who had approved on behalf of the PBSD. I
said that the PBSD's Landscape and Safety Committee had been neither apprised nor consulted. I was
told that when it was safety the PBSD had no say. Clearly, however, the landscaping in the median strip
was not a safety issue except for the height of the plants.
I repeated the request that I'd made at the meeting on 9/14 that the shrinkage of the median opening
opposite St. Pierre be delayed until construction had proceeded enough that St. Pierre and St. Laurent
residents wanting to go north could go up Grenadier Blvd to exit instead of having to turn right and do
a U turn at Interlachen. Joe said that was OK with him but it wasn't up to him.
The changes involve most of the issues the PBSD is responsible for advising the BCC on. See below.
Where is the ordinance that overrides these?
The Collier County Board of County Commissioners created the Pelican Bay Municipal Services Taxing and
Benefit Unit, and the Pelican Bay Services Division Board to advise the Commissioners on important issues that
pertain to Pelican Bay residents by enacting Ordinances 2002 -27, 2006 -05, 2013 -19, and 2013 -61 as amended.
"The Unit is formed for the purpose of providing street lighting, water
management, beach renourishment, ambient noise management,
extraordinary law enforcement service and beautification, including but
not limited to beautification of recreation facilities, sidewalk, street and
median areas, identification markers, the maintenance of conservation or
preserve areas including the restoration of the mangrove forest preserve
and to finance the landscaping beautification of only that portion of U.S.
41 from Pine Ridge Road to Vanderbilt Beach Road in the above -
described taxing and benefit unit and to that end shall possess all the
powers to do all things reasonably necessary to provide such services.
The Unit will be solely responsible for advising the County on dredging
and maintaining Clam Pass for the purpose of enhancing the health of the
affected mangrove forest, and will manage such activities for the County. "
(Section Four, Ordinance 2013 -61, p. 1).
Is-
1, Pat Bush, attended the following meeting on behalf of the PBSD's Landscape and Safety Committee
today, 12 noon, 8/1415. Here are my notes from the meeting re: Waterpark Place and Marker 36
parking lot related changes
Attendees: Jim Happensteadt, Marion Bolick, Matthew Mclean (County roads), developer
representative, and Geoff Noble.
The County's rationale for tree removal is safety related to sight lines — sight is impaired and/or trees
are too close to the ends of medium strips due to new and modified turn lanes. There are plans for two
temporary entrances offPB Blvd into Waterpark Place, the most north one for heavy equipment and the
other for access to St. Laurent and St. Pierre.
Plans are to remove six live oaks from the median strip, one of which is related to the most north
temporary entrance. Five sabal palms are also slated for removal from the median strip but will be
relocated as close to where they are now as possible.
There is also a planned change to the median from the exit opposite St. Pierre that currently allows
vehicles exiting to turn either South or North. The change is to partly close the median strip opening
towards its South end still permitting vehicles going South to do a left turn and proceed north on PB
Blvd. The street light at the St. Pierre median strip exit will remain. However, those exiting from St.
Pierre will not be allowed to use this left turn to go north but will be required to turn right, drive past
the new direct entrance to the Marker 36 parking lot, and do a left U turn at Interlachen to head north
on PB Blvd.
Suggestions or objections to any of these changes were met with "I'm only doing my job." "The
County requires it." Suggest you contact your Commissioner." But we also heard, "We will try to
make the new landscaping what you want."
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Glenview Circle
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Curb and plantings destroyed by trucks because vehicles parked
in road right of way around cul -de -sac
2
View from the Glenview exit
(Proposed "No Parking" sign area to the right)
3
I
The Full Board of the PBSD passed the following motion at
it's June 3, 2015 meeting:
PBSD place a one year moratorium on the CIP
Phase Three Re- Landscaping Proposal provided by Goetz & Stropes.
And that the year be used to re- evaluate the original CIP
Re- Landscaping Goals and determine what the Goals should be.
N
CIP Landscape Goals
1. Reduce water usage.
2. Eliminate old plantings that look unattractive.
3. Eliminate large areas of sod.
4. Use more native plants and add color.
5. Reduce manpower needs and therefore reduce labor costs.
6. Eliminate line of sight issues at intersections.
Unintended Consequences and the Reality of
Implementing the CIP Goals
1. The old irrigation system designed for sod remained. The old irrigation
system could not accommodate serving all of the new plantings and sod
simultaneously in a cost effective manner as hoped.
2. Water demands actually increased as new plants required more water.
There were NO WATER SAVINGS.
3. LABOR COSTS and MANPOWER NEEDS ACTUALLY INCREASED:
a. Weeding and mulching planted areas increased.
b. Trimming and pruning plants increased maintenance costs.
Areas of grass didn't require the added manpower requirements that
the new beds of plants necessitated.
4. LINE OF SIGHT goals were not achieved at some key intersections and
crosswalks. Replanting with lower profile plants was needed at some
intersections and crosswalks. Again raising costs and manpower costs.
7, ez_
NEW & REPLACEMENT LANDSCAPING GOALS
1. Foster Safety
a. Maintain safe Line of Sight
b. Plants should be planted in locations that limit their overgrowth and
intrusion onto roadways and pathways.
c. Plants that are placed alongside roads and paths should be of such a
nature that they will minimally or not all grow into the road or pathway.
2. Eliminate Old and Unattractive Plants
3. Foster Low Maintenance ( unless beautification and color
requirements are needed i.e. Entrances on 41; intersections)
4. Add Beauty and Color
% lZ-
Discussion items for developing Goals of future landscaping
and re- landscaping projects:
1. Identify areas that are unsi
htly /unattractive, hard to maintain, and
present safety concerns (overgrowth
into and onto pathways and
roadways), and cause "line
of sight" issues for pedestrians and
vehicles.
strays from the others goals as far as
2. Use plantings and /or sod th
t minimize manpower requirements as
much as possible, while still
reating beautiful and attractive medians
and roadside landscapes.
3. All Pelican Bay Entrances, e
pecially those on US 41, should be
planted with colorful and hig
ily attractive plants that are in keeping
with Pelican Bay's goal of b
ing "The" Premier Coastal Community.
(this might be one goal that
strays from the others goals as far as
minimizing manpower needs
and maintenance).
4. All "bull nose" sections and intersection
corners should be planted to
maximize line of sight andsafety.
Color and beauty should be
a second goal behind safety and
line of sight concerns.
(bull nose median areas and
intersection corners are the
most visible and therefore
should have beautiful and attractive
landscaping; cars stop at
these sights creating a focused
visibility.)
5. Areas of sod should not be condemned
out of hand. Expanses of
grass create: 1) beautiful g
een space
2) excellent line
of sight landscape
3) the visual
pf large vistas
4) easy to mdkintain
(no mulching, weeding or pruning)
Cul-de-sac S-, afety Issues
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August 27, 2015
Landscape& Safety Committee of the Pelican
Bay, Services Division
9a. Recommendation to change turn lane designaions at traffic light on Hammock Oak Dr at
Vanderbilt Beach Rd.
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* Recommendation to change turn lane designations at traffic light on Hammock Oak Dr at
Vanderbilt Beach Rd. whereby in left lane,vehicles can either turn left or go straight and right
lane is right turn only
„,„„ S u 3 ” crr-11- eeq O N '�-o'tiir
I ;a& esoe ORDINANCE NO.2006- 05 Z P S
to •
! i11"1W ORDINANCE AMENDING COLT.IF.R COUNTY ORDINANCE NO.2002-27
�� EATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BEI I fT �t M ��
��'BZSZ UNIT;PROVIDING FOR: MODIFICATION OF PURPOSE RELATING TO THE �4'
��
MANGROVE FOREST PRESERVE; CHANGE OF NAME OF ADVISORY V++
COMMITTEE TO THE PELICAN BAY SERVICES DIVISION BOARD;
REVISION OP APPOINTMENT PROCEDURES UPON VACANCY; REVISION
OF DUTIES OF THE ADVISORY COMMITTEE (PELICAN BAY SERVICES • I d
DIVISION BOARD)AND THE COUNTY MANAGER;MULTIPLE VICE CHAIRS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFhbCTIVE DATE.
WHEREAS,on May 28,2002,the Collier County Board of County Commissioners(the
"Board")working with the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory
Committee residential and commercial property owners of Pelican Bay,adopted Collier County
Ordinance No.2002-27 pertaining to the Pelican Bay Municipal Service Taxing and Benefit
Unit;and
WHEREAS,after three and one-half years of administration and practical application of
Ordinance No.2002-27,the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory
Committee has considered and requested the Board to consider and adopt certain discrete
revisions amending Ordinance No.2002-27 and has coordinated such desire with the County
Manager;and
WHEREAS,the Board,having considered the request of the Advisory Committee,does
hereupon amend Collier County Ordinance No.2002-27.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION ONE OF COLLIES_COUNTY
ORDINANCE NO.2002-27: r--, _ '''73,4
Section One is hereby amended to read as follows:
SECTION ONE Creation of the Pelican Bay Municipal Service Taxing and -, -
Benefit Unit.
Pursuant to Chapter 125,Florida Statutes,and Collier County Ordinance NO.'
88-23, the Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter
"Unit") is hereby created for the purpose of providing street lighting, water
management,extraordinary law enforcement service and beautification,including but
not limited to beautification of recreation facilities,sidewalk,street and median areas,
identification markers,the maintenance of conservation or preserve areas,including
Page 1 of 11
Words underlined are added;Words stru k through are deleted.
V°11
c). 61
the restoration of the mangrove forest preserve and to finance the landscaping
beautification of only that portion of U.S,41 from Pine Ridge Road to Vanderbilt
Beach Road.While repealing prior ordinances pertaining to the Unit,the purpose of
this Ordinance is to adopt a new ordinance that consolidates said preexisting
ordinances into one easily read and understood ordinance,with some modifications
that express the will of the property owners within the Unit.
SECTION TWO: AMENDMENT TO SECTION FOUR OF COLLIER COUNTY
ORDINANCE NO.2002-27
Section Four is hereby amended to read as follows:
SECTION FOUR: Purpose;Powers.
The Unit is formed for the purpose of providing street lighting, water
management,ambient noise management,extraordinary law enforcement service and
beautification, including but not limited to beautification of recreation facilities,
sidewalk, street and median areas, identification markers, the maintenance of
conservation or preserve areas including the restoration of the mangrove forest
preserve and to finance the landscaping beautification of only that portion of U.S.41
from Pine Ridge Road to Vanderbilt Beach Road in the above-described taxing and
benefit unit and to that end shall possess all the powers to do all things reasonably
necessary to provide such services.
SECTION THREE: AMENDMENT TO SECTION FIVE OF COLLIER COUNTY
ORDINANCE NO.2002-27
Section Five is hereby amended to read as follows:
SECTION FIVE: Annual Estimates of Expenses;Taxation&Assessment Rate,
For the purpose of carrying into effect and the administration of this
Ordinance,the Board of County Commissioners shall annually,at the time required
by general budgetary law,review and adopt an itemized estimate of the amount of
money required to carry out the business of the Unit for the next fiscal year,which
shall be from October 1 to and including September 30 following(the"Budget").
The proposed Budget shall be prepared and reviewed by the
Pelican Bay Services Division Board prior to its consideration by the Board of
County Commissioners and after review by the Genunittee Pelican}Bay Services
Page 2 of 11
Words underlined are added;Words ugh are deleted.
c) v�
ORDINANCE NO.2002-27
Section Thirteen is hereby amended to read as follows:
SECTION THIRTEEN: Functions,Powers and Duties of the Pelican Bay Services
Division BoardCemmittee.
The functions,powers and duties of the PBSD BoardCe iuee shall be as
follows,and shall be carried out consistent with the provisions of the Memorandum
of Understanding/Letter of Understanding referenced herein:
A) With the assistance of the County Manager,provide input to the Board
of County Commissioners in carrying out the purposes of the Pelican Bay Municipal
Service Taxing and Benefit Unit as set forth in this Ordinance.
B) Upon any decision by the Board of County Commissioners to
dissolve,merge or otherwise change or discontinue the functions or services provided
by the Pelican Bay MSTB ,the PBSD Boardd ittee shall
be prepared to and shall aid,assist and provide input to the County Manager and the
Board of County Commissioners,within the time frame requested,in effectuating a
smooth and expeditious transfer of street lighting, water management and
beautification services,responsibilities and obligations to the Unit.
C) With the assistance of the County Manager, to prepare and
recommend to the Board of County Commissioners an itemized Budget of the
amount of money required to carry out the business of the Unit for the next fiscal
year.
D) The PBSD Boarde,ewnittee shall recommend work programs and
priorities to the Board of County Commissioners in accordance with the adopted
Budget or Budge amendments which may be adopted by the Board of County
Commissioners in accordance with law. The execution of work programs shall be
under the direct supervision and responsibility of the Pelican Bay Services Division
to be executed by
the Pelican Bay Service§Division staff with the ugisrance of y @dditional County
staff needed in accordance with the Memorandum of Agreement/Letter of
Understanding. Said work may be performed under contract(in accordance with law
and County policy)or by County forces.
Pa*e 9 of 11
Words underlined are added;Words ugh are deleted.
V
E) To enter into a Memorandum of Agreement/Letter of Understanding
with the Board of County Commissioners,and with the County Manager,wherein the
parties outline that the intent in the operation of the Unit is to allow the PBSD
BoardC-eritt€e to exercise decision and control of the day to day operational affairs
of the Unit to the maximum extent allowed by law,unless and except when there is
some overriding governmental reason to do otherwise.
SECTION ELEVEN: AMENDMENT TO SECTION FOURTEEN OF COLLIER COUNTY
ORDINANCE NO.2002-27
Section Fourteen is hereby amended to read as follows:
SECTION FOURTEEN: Duties of the County Manager.
The duties of the County Manager or his designee shall be:
A) To participate in the cdminiatc;administration of the activities of the
Unit in accordance with the Memorandum of Agreement/Letter of Understanding,
and the established policies of the Board of County Commissioners,subject to the
terms of this Ordinance.
B) To assist the PBSD BoardGemmittee performing its functions as
defined by this Ordinance including the preparation of the proposed annual Budget.
CD) To require any contract manager or employee manager of the Unit to
report directly to the County Manager.
SECTION TWELVE: AMENDMENT TO SECTION SIXTEEN OF COLLIER COUNTY
ORDINANCE NO.2002-27
Section Sixteen is hereby amended to read as follows:
SECTION SIXTEEN: Opportunity to Comment Prior to Initial Implementation or
Use of the Unit's Taxing and Assessment Authority.
Prior to adopting the Budget for the Unit and implementing any taxing or
assessment authority under this Unit,the Board of County Commissioners shall hold
a public hearing upon reasonable notice in a local newspaper of general circulation.
At such public hearing the Board of County Commissioners will consider the Budget
recommended by the PBSD BoardAdYisorl-CeRa and provide the public the
opportunity to comment on the proposed Budget and the implementation or use of the
Page 10 of 11
Wards underlined are added;Words M telf-thfeugh are deleted.
SV%
, - s()*
Amendment to Memorandum of Agreement/Letter of Understanding
This is a Memorandum of Agreement/Letter of Understanding between the Collier County Board
of County Commissioners and the Pelican Bay Services Division Board. In so far as the
common good of the residents, businesses, commercial or other interests located in the
community of Pelican Bay can be furthered and advanced by the activities of a Municipal
Service, Taxing and Benefit Unit; and to that end the most efficient method of operation is to
allow the Pelican Bay Services Division (PBSD) Board those powers and duties as may be
necessary to achieve the benefits related to those purposes described in Section Thirteen of
Ordinance No. 2002-27, as amended, the Board of County Commissioners do make this
declaration:
1. That the Functions, Powers and Duties of the PBSD Board as listed in Section
Thirteen of Ordinance No. 2002-27, as amended, are a list of the responsibilities of
this Board.
2. That the Board of County Commissioners shall accept the direction of the PBSD
Board in its policy decisions relating to the Pelican Bay Municipal Service, Taxing
and Benefit Unit in conformance with Section Thirteen of Ordinance No. 2002-27,as
amended, to the maximum extent allowed by law, unless and except when there is
some overriding governmental reason to do otherwise.
3. That all ultimate policy making powers of the Pelican Bay Municipal Service,Taxing
and Benefit Unit are reserved unto the Collier County Board of County
Commissioners sitting as ex-officio Board of the Pelican Bay Municipal Service,
Taxing and Benefit Unit pursuant to Florida Law.
Entered into this oi y day of 3Q,,..0-1:4_, 2006.
----- 2 Frank Halas,Chairman mes Carroll, Chairman
Board of County Commissioners Pelican Bay Services Division Board
Al 07f#a-c» A-S Tv M44 . Q qua Lt'S
Approved as to form and legal sufficiency: 5 rt.rua-rRA..E
Im4- 4 di.i, /
a„,-;„,. ? do-e&: iyildv/a01,4
David C. Weigel MA#214.4.) , +I'r-L/
County Attorney
05-o -00002/l i MARIAN R.05-0011-00002/ COW
NOTARY PUBLIC-STATE OF F1.O1tlPA
COMMISSION#DD242972
«: EXPIRES 08119,2007
'i• NON=Tt1RU14 5-NOTARY1
ATTEST- ,
DV11lf i BRICK,CLEW pa
D
' . il e - ' j i IX 1t- Di_ c44.9- 4Lii -,t 10 — a
I Malin 1 ', ha4rsin's
si °Wf•
V . LI jw1
Amendment to Memorandum of Agreement/Letter of Understanding
This is an Amendment to Memorandum of Agreement/Letter of Understanding between the
Office of the County Manager and the Pelican Bay Services Division Board. In so far as the
common good of the residents, businesses, commercial or other interests located in the
community of Pelican Bay can be furthered and advanced by the activities of a Municipal
Service, Taxing and Benefit Unit; and to that end the most efficient method of operation is to
allow the Pelican Bay Services Division (PBSD) Board those powers and duties as may be
necessary to achieve the benefits related to those purposes described in Section Thirteen of
Ordinance No. 2002-27, as amended, the Office of the County Manager does make this
declaration:
I. That the Functions, Powers and Duties of the PBSD Board as listed in Section
Thirteen of Ordinance No. 2002-27, as amended, are a list of the responsibilities of
this Board.
2. That the County Manager shall accept the direction of the Pelican Bay Services
Division Board in its exercise of decision and control of the day to day operations
relating to the purpose and powers of the Pelican Bay Municipal Services,Taxing and
Benefit Unit in conformance with Section Thirteen of Ordinance No. 2002-27, as
amended, to the maximum extent allowed by law, unless and except when there is
some overriding governmental reason to do otherwise.
3. That all ultimate administrative and ministerial powers, duties, responsibilities,
decisions, and control related to the operations of the Pelican Bay Municipal Services,
Taxing and Benefit Unit are appropriately retained by the Office of the County
Manager, in conformance with County Ordinances 93-72 and 95-49 (Collier County
Administrator Ordinances), under the policy direction of the Board of County
Commissioners sitting as the ex-officio Board of the Pelican Bay Municipal Services,
Taxing and Benefit Unit.
Entered into this/l day of JC3..v 2006.
� - ,
James V. Mudd — mes Carroll, Chairman
County Manager Pelican Bay Services Division Board
Approved as to form an§ legal sufficiency: No7r rzt.b R-S -ry ,tt,2. eAt@oc -'c
5t buNsNRt
/V/ - il ' il
David C. Weigel
County Attorney / 2a.4 7, 4, SI s � i'J/cM l
os t?oo-tx0u?nn MA-R.rmu A, t!41.Ll
*
rr i' MARIAN R.COLD
ATTEST.: :. .:4 tlOTARY PUW sr t�OP DA
COMMISSION*&3242972
DWIGHT''.BROCK,ati4 EXPIRES 08!1812007
.. , t n sot 1£ATFRU 1.0e.NOTAaW
6W' —--AL' 4 :. 1-et itc,._: I i Pa-Ofte41.0 ZVI:
i .en iireass.s f'- bt_ cuyo-tigr - t -h.10-a
Sicaltire WY.
Err A.
MEMORANDUM
Date: February 7, 2006
To: David C. Weigel, County Attorney
Office of the County Attorney
From: Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re: Amendment to Memorandum of
Agreement/Letter of Understanding
Enclosed please find two (2) certified copies of the document, as
referenced above, (Agenda Items #16K2). approved by the Board of
County Commissioners on Tuesday,January 24, 2006.
If you should have any questions, please contact me at 774-8411
Thank you.
Heidi R. Rockhold
Enclosure