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Agenda 11/16/2015 PELICAN BAY SERVICES DIVISION )) [ Municipal Services Taxing & Benefit Unit S( By12 NOTICE OF PUBLIC MEETING MONDAY, NOVEMBER 16, • THE LANDSCAPE & SAFETY COMMITTEE OF THE PELICAN BAY SERVICES DIVISION WILL MEET AT 1 PM ON NOVEMBER 16 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 10/27/2015 minutes 4. Audience comments 5. Administrator's report a. Update on sharrow repainting b. Update on enhanced police patrols c. Proposed PBSD/PBF landscape maintenance easement d. Street lighting study e. Entrance landscaping 6. Bicycle safety a. Update on PBSD Community Bicycle and Vehicle Safety Education Program b. Complaints about large packs of cyclists racing through Stop Signs and crosswalks in Pelican Bay c. Automobile speeding on Pelican,Bay roads. 7. *New Pelican Bay Landscaping Goals and Guidelines 8. Resident complaints about the appearance and beauty of the Pelican Bay North Entrance at Oakmont Pkwy. and L'Ambiance 9. Old business 10. New business 11. Adjournment * indicates possible action item 11/09/2015 8:24:19 AM 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. PELICAN BAY SERVICES DIVISION LANDSCAPE & SAFETY COMMITTEE MEETING OCTOBER 27, 2015 The Landscape & Safety Committee of the Pelican Bay Services Division met on Tuesday, October 27 at 11:00 a.m. at the Community Center at Pelican Bay, located at 8960 Hammock Oak Drive,Naples, Florida 34108. The following members attended. Landscape & Safety Committee Ken Dawson Joe Chicurel, Chairman Scott Streckenbein Tom Cravens Pelican Bay Services Division Staff Mary McCaughtry, Operations Analyst Neil Dorrill, Administrator Lisa Jacob, Project Manager, Associate Marion Bolick, Operations Manager Barbara Shea, Recording Secretary Also Present Susan O'Brien Dave Trecker APPROVED AGENDA (AS AMENDED) 1. Call to order 2. Agenda approval 3. Approval of 7/17/14, 9/2/14, & 8/27/2015 minutes 4. Audience comments 5. Administrator's report a. Glenview Circle update b. Right turn only lane on Hammock Oak Dr. at Vanderbilt Beach Rd. update c. Oakmont Lake path safety issues update d. * Sharrow re-painting update e. PBSD's role with Collier County evaluations and permitting of substantial physical changes to the Pelican Bay MSTBU update f. Bus stop shelter construction south of Pelican Bay Blvd.North exit lanes 6. * Landscaping goals and guidelines within Pelican Bay (continuation of committee discussions & development of goals and guidelines) 7. Identifying (numbering) street lights in Pelican Bay (Cravens) 8. Old business 9. New business a. Tree at Laurel Oaks 10. Adjournment 1 Pelican Bay Services Division Landscape & Safety Committee Meeting October 27,2015 ROLL CALL All members were present and a quorum was established AGENDA APPROVAL Mr. Cravens motioned,Dr. Dawson seconded to approve the agenda as amended, adding item 9a. The motion carried unanimously. APPROVAL OF 7/17/14, 9/02/14, , and 8/27/15 MEETING MINUTES Mr. Cravens motioned, Mr. Dawson seconded to approve the 7/17/14 meeting I minutes as presented. The motion carried unanimously. Mr. Cravens motioned, Mr. Streckenbein seconded to approve the 9/02/14 meeting minutes as presented. The motion carried unanimously. Mr. Cravens motioned, Mr. Streckenbein seconded to approve the 8/27/15 meeting minutes as presented. The motion carried unanimously. AUDIENCE COMMENTS None UPDATE ON GLENVIEW CIRCLE Mr. Dorrill reported that the Glenview resident was given the information needed to install "no parking" signs on his private property. UPDATE ON RIGHT TURN ONLY LANE ON HAMMOCK OAK DRIVE AT VANDERBILT BEACH RD. Mr. Dorrill reported that we were waiting for the Collier County Transportation Department's rationale regarding the lane configuration of this intersection. UPDATE ON OAKMONT LAKE PATH SAFETY ISSUES Mr. Dorrill reported that the steep asphalt drop-offs that need to be addressed are the Foundation's responsibility and he would contact Mr. Hoppensteadt to discuss. UPDATE ON SHARROW RE-PAINTING Potential sharrow repainting was discussed, but no decisions were made. UPDATE ON PBSD'S ROLE WITH COLLIER COUNTY EVALUATIONS AND PERMITTING OF SUBSTANTIAL PHYSICAL CHANGES TO THE PELICAN BAY MSTBU 2 Pelican Bay Services Division Landscape & Safety Committee Meeting October 27,2015 Mr. Cravens motioned,Mr. Dawson seconded to recommend to the full PBSD Board to be on the notification list at the pre-application stage for any site improvement plans for any public street in Pelican Bay. The motion carried unanimously. UPDATE ON BUS STOP SHELTER CONSTRUCTION SOUTH OF PELICAN BAY BLVD.NORTH EXIT LANES Mr. Dorrill reported that as part of FDOT improvements on US 41 the County plans to install a bus shelter at the south side of the intersection of Pelican Bay Blvd. North and presented a photo of the new design of a bus shelter. LANDSCAPING GOALS AND GUIDELINES WITHIN PELICAN BAY The landscaping goals and guidelines were discussed and modified to include safety, conservation of water, fertilizer, and removal of exotic invasive plants. Mr. Cravens motioned, Mr. Dawson seconded to recommend to the full PBSD Board that we no longer proceed with the recommended CIP Phase 3 landscape project, but we want to utilize the funds that are set aside for that with Board approval as recommended by staff. The motion carried unanimously. IDENTIFYING (NUMBERING) STREET LIGHTS IN PELICAN BAY Mr. Cravens suggested the street lights be identified by number. OLD BUSINESS None NEW BUSINESS: TREE AT LAUREL OAKS Mr. Dawson reported that a tree that was struck by lightning several months ago on Laurel Oaks property needs to be removed and asked if staff would assist with communication. ADJOURNMENT IThe meeting was adjourned at 1:04 p.m. Joe Chicurel, Chairman Minutes approved [ 1 as presented OR [ ] as amended ON [ 1 date Reviewed by [ 1 staff initials [ 1 date 3 KlatakoirJett Oakmont Lake Pathway Febroa ry 25.2015 2111:33 AM Neil Dorrill Richard Yovanovich c;,; Jim Hoppansteadt ' ResnickLisa J HilierGeDiia Gentlemen: You have asked me to opine as to who is responsible for the maintenance of the pathway which in part parallels Oakmont Lake. In keeping with this request, I have reviewed the information given to me (which is attached), inspected the pathway last Friday,and have spoken with Mr.Dorrill. The argument that the Pelican Bay Services Division is responsible for the pathway's maintenance centers around a 1990 lake maintenance easement granted to the Division. 1 do not believe that it falls within the scope of that easement,however,as the pathway serves no drainage purpose.As the pathway does not fall within the scope of the easement, maintenance follows ownership, which for now appears to rest with the Foundation. Occasional maintenance by the Division of the pathway did not convert the pathway to public ownership. With that said,I note that the pathway connects several residential neighborhoods with a playground and in my view operates.in the same manner as a sidewalk would. Mr. Dorrill has advised me that the Pelican Bay Services Division has historically maintained the sidewalks throughout Pelican Bay.As set forth below,with the consent of all parties,this pathway can become a part of the sidewalk inventory maintained by the Division. Article VII,section 10,Florida Constitution,prohibits counties from using their taxing power or pledging public credit to aid any private person or entity. In order to satisfy Article VII, section 10, Florida Constitution, the expenditure of county funds must be for a public purpose.The Attorney General,in several opinions concerning whether public funds may be expended for improvements to private property such as private roads and sidewalks,has considered whether the governmental entity has a property right or interest in such property or whether the public has an easement or right to use the property.See AGO 200248,attached above. The Pelican Bay Services.Division is a unit of Collier County government. In order for the Division to utilize public funds to maintain the Oakmont Lake Pathway(as MSTIJ dollars are public funds),the pathway should be in some form of public ownership.Ownership can either be in fee or by an easement. An acceptable approach would be for the Foundation to either quitclaim the pathway to the County in fee or grant the County a public access easement over the pathway.The Board of County Commissioners would need to accept the conveyance. Whether the acceptance is conditioned on the Foundation providing some funding to bring the pathway Up to acceptable standards is an issue that 1 will defer to you to negotiate. As you know,Board policy for many years has been to generally condition acceptance of infrastructure (roads, sidewalks, sewer lines, etc.) on meeting County standards before accepting for future maintenance.With that said,like all policies,this requirement can be waived. Jeffrey A.Klatzkow County Attorney (239)252-2614 • LANDSCAPE AND MAINTENANCE EASEMENT THIS LANDSCAPE AND MAINTENANCE EASEMENT, (hereinafter"Easement") is made and entered into this day of , 2015, by and between the Pelican Bay=Foundation; Inc., hereinafter referred to as "Owner" and Collier County, a political subdivision of the State of Florida,hereinafter referred to as"County." WITNESSETH: WHEREAS, Owner is the owner of certain property identified in Exhibit"A,"hereafter referred to as the"Easement Areas;"and WHEREAS, The Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter referred to as the"Unit")was created in part for the purpose of beautification and landscaping within the community known as Pelican Bay;and WHEREAS, the Unit has over the years provided landscaping services throughout Pelican Bay, including the Easements Areas;and WHEREAS,questions have arisen with respect to whether it is appropriate for the Unit to landscape the Easement Areas;and WHEREAS, the County wishes to reaffirm -its intent for the Unit to engage in landscaping activities throughout Pelican Bay, and to that end both parties wish to formalize this arrangement with the Owner granting the County a Landscape and Maintenance Easement over the Easement Areas;and WHEREAS, Owner desires to grant the County this Easement to provide landscaping and continued maintenance of said landscaping over and upon the Easement Areas;and WHEREAS, Owner states that it has full authority to enter into this Easement, and that the signatory has authority to execute this Easement. NOW THEREFORE, in consideration of the sum of the covenants contained herein, the parties agree as follows: 1. The forgoing recitals are true and correct and are hereby expressly incorporated into and made a part of this Easement. 2. Owner hereby grants to the County, its successors and assigns, an easement for landscaping and maintenance purposes over a portion of the Property more particularly described on the attached Exhibit"A,"the Easement Areas. The County shall also have the right(but not the obligation)to install irrigation,utilities and lights needed to complement the landscaping in the Easement Areas. 3. The parties agree that County shall have the right to install, plant, maintain, inspect,remove and replace trees,shrubs,bushes,grass,plants,groundcovers and other forms of vegetation, and landscaping features, to include irrigation and lighting. No temporary or permanent buildings,structures or obstructions shall be placed on or over said Easement Area by the Owner,nor shall the Owner remove any such vegetation., 4. This Easement shall be binding upon the successors and assigns of the parties. 5. This Easement may be terminated, in whole or in part,by either party giving the other 30 days written notice. . IN WITNESS WHEREOF,the parties have executed this Easement this day of ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA • By: By: ,Deputy Clerk TIM NANCE,CHAIRMAN WITNESSES: Pelican Bay Foundation,Inc. By: (Signature) Print Name: Printed Name: Title: (Signature) Print Name: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Landscape and Maintenance Easement acknowledged before me, the undersigned authority, on this day of 2015, by who ( ) is personally known to me or has ( ) produced as identification. 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'! ; c o STREET LIGHTING SYSTEM LELY SORT BOULEVARD NAPLES,FLORIDA ! . x �� ■ Pelican Bay Landscaping Goals and Guidelines In order to establish safe, attractive and high quality landscaping reflective of Pelican Bay's premier community status, the following Landscaping Goals and Guidelines have been established by the Pelican Bay Services Division: I. SAFETY 1. Maintain safe lines of sight for pedestrians on pathways and for vehicles on roadways. a. Use and place plants to eliminate overgrowth and intrusion into public right of ways (paths and roads). 2. Develop a plan for timely tree pruning. II. UTILIZE (as a general rule) DROUGHT RESISTANT PLANTS THAT REQUIRE MINIMAL FERTILIZER III. REPLACE UNHEALTHY PLANTS, HIGH MAINTENANCE PLANTINGS, and CATEGORY 1 EXOTIC INVASIVES IV. ESTABLISH AND MAINTAIN ATTRACTIVE ENTRANCE AND INTERSECTION LANDSCAPES 1. The entrances are located on US 41 : Pelican Bay North, Pelican Bay South, and Gulf Park Drive. 2. Landscaping at the entrances to Pelican Bay and intersections should reflect the "premier" nature of the Pelican Bay community and be no less attractive than what is present in other upscale communities. (This goal may require more expense and manpower.) V. MAINTAIN ALL PELICAN BAY LANDSCAPES IN A TIMELY MANNER a. Trimming and pruning should be carried out in such a manner that the appearance of Pelican Bay's landscape looks well cared for, neat in appearance, and attractive at all times.