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Backup Documents 04/09/2013 Item #16I 1611 1 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 9, 2013 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Miscellaneous Correspondence: 1) Immokalee Fire Control District: 5-Year Plan/Report; FY12/13 Meeting Schedule/Bond Update for FY11/12 2) Naples Heritage Community Development District: May 8, 2012 Meeting Minutes 3) Heritage Greens Community Development District: May 21, 2012 Meeting Minutes; FY13 Annual Operating Budget& Resolution adopting that budget; FY12/13 Meeting Schedule 4) Collier County Tax Collector: Annual Report for FY 2011/2012; Schedule of Revenue reflecting allocation of unused fees for FY11/12 5) City of Marco Island: Public meeting notice Re: water and sewer rate design structure 12.10.12 R303EWIE7 Al DEC 072012 � KrC ti' 73c rtlett, Eg.ecuWve'Aides Board'of Cotu,nty Canuni4sioners,Office' BY: ...... ................ v xristL, 12-3-2012 Plea4e/%nclucie'the/attached/iv-o-rwiat'um, provide i by the'F rw cep Depa vtwne nt, o-wthe/neec,.t Cawa,,lairled Board/Ae ndai u video M Corresponde tce/ I mmao kcaze/fires Co-ntro&Dl4trCct • I wundca lees Fire'Control Distr%ct'k 5-Year Plan/Report • T Y12/13 M eet"uu'S ched u l e, • Bond Updates for FY11/12 T ha. JQ yaw. Awn/ '3aard M%vutite'Er Records-Department X-8406 Fiala I Hiller Henning T Coyle ,/ realette- Misc. Corres: Date: y'q\�3 item#: ' 3 \ P 1\ Copies to: A IMMOKALEE 1 1 \, OKAL4 Immokalee Fire Control Di ;6 rict F - E 502 New Market Road East, Immokalee, FL. 34142 R E FL FS7:1955 t9 October 19, 2012 Collier County Board of Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioner: Enclosed you will find a 5 year plan for the Immokalee Fire Control District. According to Florida Statute 189.415(2)this report shall be submitted to each local government in which the Independent District is in. Should require additional information,please do not hesitate to contact Rita M. Greenberg, Fire Chief, 239-657-2111. Sincerely, Pamela wn, Chairperson IFCD Board of Fire Commissioners RECEIVED DEC 0 3 2012 FINANCE General Office(239)657-2111 Operations(239)657-8587 Fire Prevention(239)657-2700 Fax(239)657-9489 Al 1611 1 Immokalee Fire Control District 5 Year Plan Chief Rita M. Greenberg 2013-2017 2012-13 Staffing Maintain SAFER funded positions Create/Fill Part-Time secretarial position Review and Revise Employee Evaluation Criteria Perform employee evaluations Fill vacancies as necessary Apparatus Spec out, secure financing and take delivery of Special Response Unit Spec out new Ladder, Engine and Water Tender Secure financing and take delivery of Ladder truck Operations Purchase lightweight brush/extrication gear for personnel Establish Bunker Gear and Hose rotation schedule Review and Revise Tactical Guidelines Review and Revise Training Programs Continue Volunteer Program Improvements Update and Upgrade Equipment as needed (hose, gear, fans, etc) Update and Upgrade PPE/Uniforms as necessary. Facilities Select Architect/Engineering for 5 year term, variety of projects Begin Design/Engineering for Station#32 Secure Financing for Remodel of Station#30 Remodel Design/Engineering for Station#30 Commence remodel project for Station#30 General Update Impact Fee Ordinance/Resolution and definitions Monitor property tax developments and impacts Continue PILT review and requests for Non-Profits Continue working with Barron Collier Corp re: Ave Maria Review and Review Policy and Procedure Manual as needed Review and Revise Emergency Response Plan Continue to develop positive relationship with Union Re-establish CERT and CPR programs in community Increase Fleet Reserves Increase GASB Reserves Increase Reserves 161 2013-14 1 A l Staffing Maintain SAFER funded positions Create/Fill Part-Time Inspection/Education position Employee Evaluations Fill vacancies as necessary Apparatus Secure financing and take delivery of new Engine (pumper 31) Secure financing and take delivery of Water Tender Spec out new Attack Truck, Engine and Brush truck Operations Continue Bunker Gear and Hose rotation schedule Continue development of Tactical Guidelines Continue development of Training Programs Continue Volunteer Program Improvements Update and Upgrade Equipment as needed (hose, nozzles, valves, fans, etc) Update and Upgrade PPE and Uniforms as necessary. Facilities Select Architect/Engineering for 5 year term, variety of projects Begin Site Development for Station#32 Secure Financing for Remodel of Station#31 Begin Design/Engineering for Remodel Station#31 Commence remodel project for Station#31 General Update and Upgrade IT equipment Begin Radio Replacement(FAA)project Continue to monitor property tax developments and impacts Update PILT and Non-Profits as necessary Continue working with Barron Collier Corp re: Ave Maria Review and Review Policy and Procedure Manual as needed Maintain positive relationship with Volunteer and Union Increase community relations and awareness Increase Fleet Reserves Increase GASB Reserves Increase Reserves 161 1A1 2014-15 Staffing Maintain current staffing levels Employee Evaluations Fill vacancies as necessary Apparatus Secure financing and take delivery of new Engine (engine 31) Secure financing and take delivery of Attack Truck Secure financing and take delivery of Brush truck Spec out new Engine (2) Operations Maintain Bunker Gear and Hose rotation schedule Continue to develop and revise Tactical Guidelines as necessary Continue to develop and revise Training Programs Continue to develop and improve volunteer program Replace MAKO system at Station 30,New MAKO system for 32 Washer/Extractor System for 32 Update Workout Equipment at Station 30 Evaluate extrication equipment Update and Upgrade Equipment as needed (hose, gear, fans, etc) Update and Upgrade PPE and Uniforms as necessary. Facilities Vertical Construction Station#32 Furnishings, equipment for Station 32 General Continue Radio Replacement project Monitor property tax developments and impacts Update PILT and Non-Profits as necessary Review consultants for Assessment Methodology Continue working with Barron Collier Corp re: Ave Maria Review and Revise Policy and Procedure Manual as needed Maintain positive community, Volunteer and Union relations Increase Fleet Reserves Increase GASB Reserves Increase Reserves 161 * 1 A,1 2015-16 Staffing Maintain current staffing levels Review and revise entry-level criteria and selection program as necessary Employee evaluations Fill vacancies as necessary Apparatus Secure financing and take delivery of 2 Engines (E30 & E32) Secure financing and purchase Staff Vehicle Spec out Brush Truck Spec out Inspection Vehicle Operations Maintain Bunker Gear and Hose rotation schedule Continue to develop and revise Tactical Guidelines as necessary Continue to develop and revise Training Programs Continue to develop and improve volunteer program Evaluate small equipment(generators, saws, air tools, etc) Update workout equipment at Station 31 Update and Upgrade Equipment as needed (hose, gear, fans, etc) Update and Upgrade PPE and Uniforms as necessary. Facilities Evaluate need for improvements Landscaping maintenance at all stations Evaluate 1 potential long term need for additional facilities General Continue Radio Replacement project Monitor property tax developments and impacts Update PILT and Non-Profits as necessary Conduct RFQ/RFP for consultants for Assessment Methodology Continue working with Barron Collier Corp re: Ave Maria Review and Review Policy and Procedure Manual as needed Maintain positive community, Volunteer and Union relations Increase Fleet Reserves Increase GASB Reserves Increase Reserves 161 1A1 2016-17 Staffing Maintain current staffing levels Hire 3 FF/EMTs Convert Part-Time Inspection/Education position to full-time Employee evaluations Fill vacancies as necessary Apparatus Secure financing and take delivery of Brush Truck Secure financing and purchase Inspection/Education Vehicle Operations Maintain Bunker Gear and Hose rotation schedule Full review of Tactical Guidelines Continue to develop and revise Training Programs Purchase Gas Monitoring Equipment Update SCBA's as necessary Update and Upgrade Equipment as needed (hose, gear, fans, etc) Update and Upgrade PPE and Uniforms as necessary. Facilities Evaluate need for improvements Pressure Clean and Paint Exterior as needed General Continue Radio Replacement project Monitor property tax developments and impacts Update PILT and Non-Profits as necessary Begin Study for Assessment Methodology for funding Continue working with Barron Collier Corp re: Ave Maria Full review of policy manual Maintain positive community, Volunteer and Union relations Increase Fleet Reserves Fully fund GASB Reserves Increase Reserves—to 2 months of operational expenses. 1b11 Al Immokalee Fire Control District Capital Outlay Expenditure Plan* FY2013-2017 2012-2013 Special Response Unit(impact fees) Design/Engineering Station#32 (impact fees) Remodel Design/Engineering Station#30 (impact fee, general fund, grant) Replace Ladder#30 (general fund—lease, grant) 2013-2014 Site Development Station#32 (impact fees, grant) Remodel Design/Engineering Station#31 (impact, general fund, grant) Replace Pumper#31 (general fund - lease, grant) Replace Water Tender#30 (general fund—lease, grant) 2014-2015 Vertical Construction Station#32 (impact fee) Equipment for Station#32 (impact fee, general fund) Replace Engine#31 (general fund—lease, grant) Replace Attack#30 (general fund—lease, grant) Purchase Brush#32 (impact fees and general fund) 2015-2016 Replace Engine #30 and #32 (general fund—lease, grant) Replace Ford Expedition(general fund) 2016-2017 Replace Brush#30 (general fund) Replace Ford F-150 (general fund) *This is a proposed plan for the capital expenses of the District over a 5 year period. As with any long range plan, some projects may carry over into another year, or may need to be moved into a different year. The Capital Outlay Plan should be reviewed annually by the Fire Chief and the Board to make any necessary adjustments. 1611 ' �OKA1 IMMOKALEE Immokalee Fire Control District F � FF E 502 New Market Road East, Immokalee, FL. 34142 E I � u FLA 437:1955 October 19, 2012 To whom it may concern: The Immokalee Fire Control District has had no changes in its District Map or in its Registered Agent for the 2011-2012 fiscal year. r7 Sincerely, Rita Greenberg,' ire Chief General Office(239)657-2111 Operations(239)657-8587 Fire Prevention(239)657-2700 Fax(239)657-9489 IMMOKA.LEE b I 1 i A \�,M 44, Immokalee Fire Control strict F` R i - s 502 New Market Road East, Immokalee, FL. 34142 R ` C FLA T:1965 Frsi Immokalee Fire Control District Board of Fire Commission Meetings 201-2013 6:00pm at Station#30 502 New Market Road East October 18, 2012* November 15, 2012 December 20, 2012 January 17, 2013 February 21, 2013 March 21, 2013 April 18, 2013* May 16, 2013 June 20, 2013 July 18, 2013 August 15, 2013 September 19, 2013 *These meetings are held at the Ave Maria Fitness Center at 5076 Annunciation Circle, room 103 General Office(239)657-2111 Operations(239)657-8587 Fire Prevention(239)657-2700 Fax(239)657-9489 i 161 1 A 1 DAIOKALEE \‘,`MOKALFF Immokalee Fire Control District _ s R 502 New Market Road East, Immokalee, FL. 3 4142 I • 2 FLA 4‘S7.1965 October 19, 2012 BOND SERVICE To Whom It May Concern: The Immokalee Fire Control District incurred NO BONDS of any form for fiscal year 2,.011'1-201,2. ! � FBW7N Pamela J Br n, Chairperson IFCD Boar of Fire Commissioners General Office(239)657-2111 Operations(239)657-8587 Fire Prevention(239)657-2700 Fax(239)657-9489 l6Li A2 ro) 1103EVIEfi DEC 1 1 2012 Kri t"vBartlett, Ex,ecutiveiACde' Board/of COwity Coinn4,14actiwor Office/ BY: }fvKr'%aty, 12-7-2012 Please the attache i i o riiwt-o-w, prov(4ec i by theme FUna-nce/ Department, o-vv the next(wvoalalrle) Boa rdiAgeevidcvwrider M' Carve/spat/tile/rice/ N ple4(giexitocge/Cammumity DevelopmendDi.strict(CDD) • May 8, 2012 Meets M%ndites, }f eritage'Greev C Develapme nt Di4trict(CDD) • A wykst 20, 2012 Meetav y,AgR.nda/that im c-ludek o May 21, 2012 Meet-1.,rjMLvudte' o FY13 A wv ual/Oporat'ung/Buziget Er Zesolutuo-n.adopt vj'thatbudget o T Y12/1 3 M eettwu'Schedule/ rha nk'yaw. AMYL Board,Mimkite4Er gecard 'Department X-8406 Fiala ✓ Hiller Henning Coyle; Ja Misc. Corres: Date:y1G��3 Item#:\Lc:S. V: c2 1ft Copies to: • 1611 A2 MINUTES OF MEETING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held on Tuesday, May 8, 2012 at 9:00 a.m. at the Naples Heritage Golf and Country Clubhouse, 8150 Club Way,Naples, Florida. Present and constituting a quorum were: Peter J. Lombardi Chairman Peter V. Ramundo Vice Chairman(via telephone) Frederick Hayes Assistant Secretary Kenneth R. Gaynor Assistant Secretary Also present were: Cal Teague District Manager Patrick Dorbad General Manager Residents The following is a summary of the discussions and actions taken at the May 8, 2012 Board of Supervisors meeting. Due to a failure in the recording equipment the meeting was summarized from the District Manager's notes. FIRST ORDER OF BUSINESS Roll Call Mr. Lombardi called the meeting to order and called the roll. On MOTION by Mr. Gaynor seconded by Mr. Hayes with all in favor the participation by Mr. Ramundo via telephone was approved. SECOND ORDER OF BUSINESS Approval of the Minutes of the April 3,2012 Meeting Mr. Lombardi stated each Board member received a copy of the minutes of the April 3,2012 meeting and requested any corrections,additions or deletions. There not being any, 11-6-12 1611A 'U . May 8, 2012 Naples Heritage CDD On MOTION by Mr. Gaynor seconded by Mr. Hayes with all in favor the minutes of the April 3, 2012 meeting were approved. THIRD ORDER OF BUSINESS Public Hearing to Consider Resolution 2012-3 Adopting the Budget for Fiscal Year 2013 and Resolution 2012-4 Levy of Non Ad Valorem Assessments On MOTION by Mr. Ramundo seconded by Mr. Gaynor with all in favor the public hearing to consider adopting the fiscal year 2013 budget was opened at 9:03 a.m. • The fiscal year 2013 budget was reviewed and the $12 per unit increase in assessments was discussed. • Audience questions were answered and comments heard. On MOTION by Mr. Ramundo seconded by Mr. Gaynor with all in favor the public hearing to consider adopting the fiscal year 2013 budget was closed at 9:07 a.m. On MOTION by Mr. Ramundo seconded by Mr. Hayes with all in favor Resolution 2012-3 relating to the annual appropriations of the District and adopting the budget for the fiscal year beginning October 1, 2012, and ending September 30, 2013, and referencing the maintenance and benefit special assessments to be levied by the District for said fiscal year was adopted. On MOTION by Mr. Gaynor seconded by Mr. Ramundo with all in favor Resolution 2012-4 levying and imposing a non ad valorem maintenance special assessment for the District for fiscal year 2013 was adopted. FOURTH ORDER OF BUSINESS Old Business A. Update on Lake Bank Restoration 11-6-12 2 ióIiA2 May 8, 2012 Naples Heritage CDD • Supervisor Gaynor gave an update on the lake bank restoration project. • It was noted the Committee was satisfied with the Lake 9 improvements and recommended the Master Association proceed to the next phase at a cost of$60,000. FIFTH ORDER OF BUSINESS New Business There not being any,the next item followed. SIXTH ORDER OF BUSINESS Manager's Report Mr. Teague addressed the following: A. Approval of Financial Statements • The financial statements for the period ending March 31, 2012 were reviewed. On MOTION by Mr. Hayes seconded by Mr. Ramundo with all in favor the March 31, 2012 financials were accepted. B. Acceptance of the Fiscal Year 2011 Audit • The fiscal year 2011 audit prepared by Grau & Associates was presented; a copy of which is attached for the record. On MOTION by Mr. Ramundo seconded by Mr. Gaynor with all in favor the fiscal year 2011 audit prepared by Grau&Associates was accepted. C. Meeting Schedule for Fiscal Year 2013 • A proposed meeting schedule for fiscal year 2012 was presented. • It was agreed the November 13, 2012 meeting will be held at 8:00 a.m. and the April 2, 2013 meeting date was changed to April 9, 2013 also at 8:00 a.m. 11-6-12 3 • 1611 A2 May 8, 2012 Naples Heritage CDD On MOTION by Mr. Hayes seconded by Mr. Gaynor with all in favor the fiscal year 2013 meeting schedule was approved as amended. D. Report on the Number of Registered Voters(519) • A letter from the Supervisor of Elections was presented indicating as of April 15, 2012 there were 519 registered voters within the District; a copy of which is attached for the record. SEVENTH ORDER OF BUSINESS Attorney's Report There not being any,the next item followed. EIGHTH ORDER OF BUSINESS Supervisor's Report • It was requested the adopted budget, financials and meeting minutes be posted on the website beginning in May. NINTH ORDER OF BUSINESS Audience Comments • Comments from the audience were presented. TENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Gaynor seconded by Mr. Hayes with all in favor the meeting was adjourned. (yaCI Cal Teague °'l/ Peter J. I1ombardi Secretary Chairman 11-6-12 4 1611 A 3 painwrq DEC 1 1 2012 itj Kri4a cu, Lett; Executive/A i 3aard.of Cawnty C a-Office }f vKrist'v, 12-7-2012 Plea4e'Unclude'the/attached/Cvt orvnat ovv, provided/by the F e- Depa.rt nee' t, ovv the-vt,e x t(ava:i cub-Led 3 acrd'Agen da.wn.der M' Carrespo u ence.• Nagile*iferCta eiC DevelopmevttV trCct(CDC) • May 8, 2012 Meet'M(Aute ' Heritage. Development XXtrict(CDV) • August 20, 2012 Meetwt.g/ABe nda.tha t iinclu.dek< o May 21, 2012 Meet j'MLvuatey o FY13 A vwutiaL Operatf n.W 3 u4 et Er 1Zeso-IA/tri - t.adapavtg,that budget o FY12/13 Meet-14,y,Schedule/ Tha.nlc'yaw. Avvv Board/M&unite'Er Record*Dopartrne,rtt X-8406 Fiala r-liller Flonning ' `� Misc. t;orres: Date: "�k°N`V3 ;tern#:\L ' sic:: c2- 3 :ucies to: 16I13 A3 Heritage Greens Community Development District Board of Supervisors John L.Jordan,Chairman Calvin Teague,District Manager Jim.Marshall,Vice Chairman Greg Urbancic.,District Counsel Marsha Coghlan,Assistant Secretary James Carr,PE,District Engineer Henry Michaelson,Assistant Secretary Elizabeth Lowe,Assistant Secretary Regular Meeting Agenda Monday,August 20,2012—6:00 p.m. 1. Roll Call 2. Approval of Agenda 3. Audience Comments 4. Approval of the Minutes of the May 21,2012 Meeting 5. Public Hearing to Adopt the Budget for Fiscal Year 2013 (Resolution 2012-4) and Levy of Non Ad Valorem Assessments(Resolution 2012-5) 6. Old Business A. Security Efforts 7. New Business A. Request for Sidewalk Cleaning B. Stop Line Painting 8. Supervisor Committee Reports • A. Landscaping and Beautification B. Drainage and Preserves • C. Security Cameras 9. Manager's Report A. Follow-Up Items i. Canal Fire Pit Update ii. Review of Safety Sign Placement Locations iii. Sheriff's Patrol Update B. Proposed Meeting Schedule for Fiscal Year 2013 C. Ratification of Irrigation Pump Maintenance Contract D. Approval of Financial Statements 10. Attorney's Report 11. Engineer's Report 12. Supervisors'Requests and/or Comments 13. Audience Comments 14. Adjournment Note: Next meeting is scheduled for Monday,September 17,2012 at 6:00 p.m. District Office: Meeting Location: 210 N.University Drive,Suite 702 Heritage Greens Community Center Coral Springs,Florida 2215 Heritage Greens Drive 954-753-5841 Naples,Florida www,heritagegreen scdd.org 1 A .. L�. p' Herita r ge Greens . `� } Community Development District n NAPLES DAILY NEWS i -' NOTICE OF REdil AH BOARb MEE ING AND NOTICE OF PUBLIC HEARING TO RECEIVE PUB- t Published Daily i;; °'{-t0 COMMENT ON THE FISCAL YEAR 2013 PROPOSED FINAL Bl.1DGET(S);TO CONSIDER Publ sh d Daily 0 xTHE IMPOSITION OF MAINTENANCE ANO OPERATION SPECIAL ASSESSMENTS;ADOPTION OF AN ASSESSMENT`CAP FOR NOTICE PURPOSES ONL,ADop.pON OF AN ASSESSMENT t3E,LL AND PROVIDING FOR THE LEVY,COI LECTION i.ENFORCEMENT OF THE SAME Affidavit of Publicatio t r, s !Board of Supervisors of'the Heritage Greens Commu ity Qevefopment District .I hold'a.:. x E rrreeting and public hearing on Monday August 2i;,2012 at 6:00 p m at the Heritage''_' State of Florida r�01Community Center 2215:Heritage Greens Qrjve 0 .es .Florida Counties of Collier and Lee �*3:,..purpose of the public hearing is to receive public co rnent and obJectior s on the Fiscal" w-2013 Proposed-Final Budget,consider the adoption art assessment cap'for fnotice:pur 44 ses .nly+to consider the adoption of an assessment roll o;bonSider the lmpogition of speclai *- m ents to fund the proposed budget uportt'he:lands cated within the Digtrict.a graphic Before the undersigned they serve as the o n ofiivthich lands,is shown below),and to provide for he levy collection acid egfgrcerner}f. appeared Lynn Schneider, who on oath 4 .k 4nad valorem assessments .The public hearng is b ng conducted pursuant to Chapters ckand 197,Fionda Statutes :The purpose of the to liar `eetin is to Conduct any business Order Entry Data Specialist of the Naples ict may properlycome before She Board. g g newspaper published at Naples, in COI ; iT e District.ii ty aE.c fund various facilities through the `:Ifection of certain,rates fees and ich are identified within the butl e s Arco distributed in Collier and Lee counties o i ij 9 1 pY of he Proposed Final Budget Ri ee i �. mentrol land/ortitesgendaforihemseting/hea g�may be-obtained at the o�cesof attached copy of the advertising,being �PO{ Management Company Severn Trent .Setvl,ces 5.,„1:1.Country Lakes Road,.Ft Myers . LFFlort 339L ph (239),245-7115 dur normal business ours In coo Y 18 Flonda Statutes the $ wdx$http II PUBLIC NOTICE N evern is w will.Oe po ecl oft the:fJlst10:. leb>:itgi Jr +[ - ,e err, r e •• *Iii and Severt5 Trents weOilte rtt. . 1.'eu n u .,,, �, 3 t doe§rrat least tw3 days bofore the budget prig dale The oistrict�,vtifl cpnSider ,I g� for operat on and inain'tenarice nst.4.9,4:1494:.in:46.,0,,,.mou0*.t.to in the matter of PUBLIC NOTICE teed$41348 fihis•projected assessment amount is bas upon the next fisca „ i ese pecia assessment yew budges �ter}Operation snd maintenance anni�Ny recumng assessments tf iI ecollected on the Collier County tax roll by the Tax Collector was published in said newspaper 2 time) n"t '....*913,pardrwllizaisa1on3ldtg14any vtlter3tuslgt:§s„yhiclt ay.proop 0. 9g ,e,ki,(0 1 , on July 30th&August 6th,2012 . nrad 93is o n.tol le public and'Iwill ,co to ' r Ati4o'w.#1..,he prnv sii� L .a Ali' CQmjuritydevelopmentdlstni 2The m �ngTi rfngma io0ogtinuec is # ;, d place t be sp ontihe�record at them ingfhearang ,. :i t e +x$ +, s � •-,ix r ,-,. per�, w� Affiant further says that the said Maple "- �k �i �'rt'0 one orn-tore S�vi s I pa;rcipateeby'elephone ,,5 c- published. at Naples,in said Collier Co , p cod ,on: at this meeting/learing� se o�a disa ty �h seal t erjtsho i Pfiy$� �If you-ll 1 . newspaper has heretofore been continuo 1B°is Maoa$emliase cnpact a Fl nda Relay cep at 39 2 ' �� i J.. (�..Z � t; '1 t g� , knAetrtxl,plgai;e.9 .,,.tifte F: ,,g: ...Y Co at(800 ��of County, Florida;distributed in Collier a • �' to pxatrfctOffice at least two(2)iiays prior tout .ate of the mi; `k each•day and has been entered as secand rop 91Nne Piave the right t4 app ar at is public he Q ""'y�w "•t l s my(201 days of ttte date ofthis Notice the office of�. M nag office in Naples,in said Collier Colin , es fload Ft.M Florida 33905 Attertti. i � i; ' Y Caivin Tea:" � .f w year next preceding the first publican "�c4;''''',...`4,`:-'•:',. t :s es t ��5.1:-'y advertisement; and affiant further says 4 T � -each on who dee)i to ap nr• promised any person, firm or corpo , `� �pm. "�^ "'°'� ; t'c' .a"tee � a . commission or refund for the purpose o i ;` „, J6, :- . ` , '. ` `,.:4.,„.„.:.,..,rtee pmP � )` ,� i'in yo a ' ,1`g sbrl at a publication in the .,: ' �L �' "ham, r' co i g ` In nd„t at a ;! _ -0".. .',' ," xw St.:+b jt ^=Stfi`rttli� Ij.tde pApt rteed'fio8 Ya` . CI. 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EXPIRES:November 28,2014 '';e eondadThi Foiled huuram%Agana 1611 43 RESOLUTION 2012-4 A RESOLUTION OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT RELATING TO THE ANNUAL APPROPRIATIONS OF THE DISTRICT AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2012; AND ENDING SEPTEMBER 30, 2013, AND REFERENCING THE MAINTENANCE AND BENEFIT SPECIAL ASSESSMENTS TO BE LEVIED BY THE DISTRICT FOR SAID FISCAL YEAR WHEREAS, the District Manager has,prior to the fifteenth(15th) day in June, 2012, submitted to the Board of Supervisors(the "Board") a proposed budget for the next ensuing budget year along with an explanatory and complete financial plan for each fund of the District, pursuant to the provisions of Sections 190.008(2)(a)and 218.34(3),Florida Statutes;and WHEREAS, at least sixty(60)days prior to the adoption of the proposed annual budget and any proposed long-term financial plan or program of the District for future operations (the "Proposed • Budget") the District did file a copy of the Proposed Budget with the general purpose local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b),Florida Statutes;and WHEREAS, on May 21, 2012, the Board set August 20, 2012, as the date for a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Section 190.008(2)(a)Florida Statutes; and WHEREAS, Section 190.008(2)(a), Florida Statutes requires that, prior to October 1 of each year,the District Board by passage of the Annual Appropriation Resolution shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year;and WHEREAS,the District Manager has prepared a Proposed Budget on a Cash Flow Budget basis, whereby the budget shall project the cash receipts and disbursements anticipated during a given time period,including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year;and WHEREAS, Section 190.021, Florida Statutes provides that the Annual Appropriation Resolution shall also fix the Maintenance Special Assessments and Benefit Special Assessments upon each piece of property within the boundaries of the District benefited, specifically and peculiarly,by the maintenance and/or capital improvement programs of the District, such levy representing the amount of District assessments necessary to provide for payment during the ensuing budget year of all properly authorized expenditures to be incurred by the District,including principal and interest of special revenue, capital improvement and/or benefit assessment bonds, in order for the District to exercise its various general and special powers to implement its single and specialized infrastructure provision purpose; and WIIEREAS,the Board of Supervisors of the Heritage Greens Community Development District finds and determines that the non-ad valorem special assessments it imposes and levies by this Resolution for maintenance on the parcels of property involved will constitute a mechanism by which the property owners lawfully and validly will reimburse the District for those certain special and peculiar 1611 I benefits the District has determined are received by, and flow to, the parcels of property from the systems, facilities and services being provided,and that the special and peculiar benefits are apportioned in a manner that is fair and reasonable in accordance with applicable assessment methodology and related case law;and WHEREAS, the Chair of the Board of Supervisors may designate the District Manager or other person to certify the non-ad valorem assessment roll to the Tax Collector in and for Collier County political subdivision on compatible electronic medium tied to the property identification number no later than 31 August 2012 so that the Tax Collector may merge that roll with others into the collection roll from which the November tax notice is to be printed and mailed;and WHEREAS, the proceeds from the collections of these imposed and levied non-ad valorem assessments shall be paid to the Heritage Greens Community Development District;and WHEREAS, the Tax Collector, under the direct supervision of the Florida Department of Revenue performs the state work in preparing,mailing out,collecting and enforcing against delinquency the non-ad valorem assessments of the District using the Uniform Collection Methodology for non-ad valorem assessments; and WHEREAS, if the Property Appraiser and the Tax Collector have adopted a different technological procedure for certifying and merging the rolls,then that procedure must be worked out and negotiated with Board approval through the auspices of the District Manager before there are any deviations from the provisions of Section 197.3632,Fla. Stat., and Rule 12D-18, Florida Administrative Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT; Section 1. The provisions of the whereas clauses are true and correct and are incorporated herein as dispositive. Section 2. Budget a. That the Board of Supervisors has reviewed the District Manager's Proposed Budget, a copy of which is on file with the office of the District Treasurer and the office of the Recording • Secretary, and is hereby attached to this resolution, and hereby approves certain amendments thereto,as shown in this Section 2 below. b. That the District Manager's Proposed Budget, as amended by the Board, is adopted hereby in accordance with the provisions of Section 190.008(2)(a), Florida Statutes and incorporated herein by reference; provided, however, that the comparative figures contained in the adopted budget may be revised subsequently as deemed necessary by the District Manager to reflect actual revenues and expenditures for the Fiscal Year 2012 and/or revised projections for Fiscal • Year 2013. c. That the adopted budget, as amended, shall be maintained in the office of the District Treasurer and the District Recording Secretary and identified as "The Budget for the Heritage Greens Community Development District for the Fiscal Year Ending September 30,2013,as Adopted by the Board of Supervisors on August 20,2012." • 1611 3 Section 3. Appropriations • That there be, and hereby is appropriated out of the revenues of the Heritage Greens Community Development District, for the Fiscal Year beginning October 1,2012,and ending September 30,2013 the sum of Two Hundred Nine Thousand Five Hundred Eighty-Eight dollars ($209,588.00) to be raised by the applicable imposition and levy by the Board of applicable non-ad valorem special assessments and otherwise,which sum is deemed by the Board of Supervisors to be necessary to defray all expenditures of the District during said budget year,to be divided and appropriated in the following fashion: TOTAL GENERAL FUND $209,588.00 Total All Funds $209,588.00 Section 4. Supplemental Appropriations The Board may authorize by resolution supplemental appropriations or revenue changes for any lawful purpose from funds on hand or estimated to be received within the fiscal year as follows: a. Board may authorize a transfer of the unexpended balance or portion thereof of any appropriation item. b. Board may authorize an appropriation from the unappropriated balance of any fund. c. Board may increase any revenue or income budget account to reflect receipt of any additional unbudgeted monies and make the corresponding change to appropriations or the unappropriated balance. • The District Manager and Treasurer shall have the power within a given fund to authorize the • transfer of any unexpended balance of any appropriation item or any portion thereof, provided such transfers do not exceed Ten Thousand($10,000) Dollars or have the effect of causing more than 10%of the total appropriation of a given program or project to be transferred previously approved transfers included. Such transfer shall not have the effect of causing a more than $10,000 or 10% increase, previously approved transfers included, to the original budget appropriation for the receiving program. Transfers within a program or project may be approved by the applicable department director and the District Manager or Treasurer. The District Manager or Treasurer must establish administrative procedures, which require information on the request forms proving that such transfer requests comply with this section. Section 5. Maintenance Special Assessment Levy:Fixed and Referenced and to be Levied by the Board a. That the Fiscal Year 2013 Maintenance Special Assessment Levy(the "assessment levy")for the assessment upon all the property within the boundaries of the District based upon the special and peculiar benefit received and further based upon reasonable and fair apportionment of the special benefit, shall be in accordance with the attached Exhibit A,which levy represents the amount of District assessments necessary to provide for payment during the aforementioned budget year of all properly authorized expenditures to be incurred by the District, including principal and interest of special revenue, capital improvement and/or benefit assessment bonds. Said assessment levy shall be distributed as follows: 1611 A3 General Fund 0&M [See Assessment Levy Resolution 2012-5] b. The designee of the Chair of the Board of Supervisors of the Heritage Greens Community Development District shall be the Manager or the Treasurer of the District designated to certify the non-ad valorem assessment roll to the Tax Collector in and for the Collier County political subdivision, in accordance with applicable provisions of State law(Chapters 170, 190 and 197, Fla. Stat.) and applicable rules (Rule 12D-18, Florida Administrative Code) which shall include not only the maintenance special assessment levy but also the total for the debt service levy, as required by and pursuant to law. Introduced,considered favorably,and adopted this 20th day of August,2012. Heritage Greens Community Development District dr � r Jo .Jordan Chairman Attest: Calvin T-.:.- Secretary 16 1 1 iA3 HERITAGE GREENS Community Development District Annual Operating Budget Fiscal Year 2013 Version 3-Final Budget: (Adopted 8/20/12) Prepared by: SEVERN TRENT SERVICES 161 HERITAGE GREENS Community Development District Table of Contents Page# OPERATING BUDGET General Fund Summary of Revenues,Expenditures and Changes in Fund Balances 1-2 Budget Narrative 3-7 Exhibit A-Allocation of Fund Balances a ,r. 161 AA 3 HERITAGE GREENS Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2013 Adopted Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU AUG- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2011 FY 2012 JULY-2012 SEP-2012 FY 2012 FY 2013 REVENUES Interest-Investments $ 912 $ 683 $ 377 $ 76 $ 453 $ 400 Special Assmnts-Tax Collector 183,148 217,904 217,904 - 217,904 217,904 Special Assmnls-Discounts (6,565) (8,716) (7,886) - (7,886) (8,716) Gate Bar Code/Remotes 660 - 720 - 720 - I TOTAL REVENUES 178,155 209,871 211,115 76 211,191 209,588 EXPENDITURES Administrative ProiServ-Engineering 44 750 1,695 - 1,695 750 ProfServ-Legal Services 6,283 3,500 976 195 1,171 3,500 ProlServ-Mgmt Consulting Sery 34,000 34,850 29,042 5,808 34,850 35,895 • ProfServ-Property Appraiser 1,871 3,269 2,747 522 3,269 3,269 ProfServ-Special Assessment 5,330 5,463 5,463 - 5,463 5,463 ProfServ-Web Site Development 119 120 119 - 119 650 Auditing Services 3,200 3,200 3,200 - 3,200 3,200 Communication-Telephone 6 50 5 10 15 50 Postage and Freight 638 500 511 102 613 500 Insurance-General Liability 5,248 5,750 6,023 - 6,023 7,000 Printing and Binding 1,928 1,500 740 760 1,500 1,500 Legal Advertising 2,311 1,200 297 903 1,200 1,200 Misc-Bank Charges 516 500 467 93 560 500 Misc-Assessmnt Collection Cost 2,077 4,358 4,200 - 4,200 4,358 Misc-Contingency 45 - - - - - Office Supplies 126 300 61 12 73 300 Annual District Filing Fee 175 175 175 - 175 175 Total Administrative 63,917 65,485 55,721 8,406 64,127 68,310 Public Safety Contracts-Security Services 49,762 64,000 38,896 7,942 48,838 48,000 Contracts-HVAC - 350 - - - 350 Contracts-Sheriff 510 1,000 255 128 383 3,000 Communication-Telephone 1,727 2,000 973 197 1,170 1,500 Electricity-Entrance 1,966 2,200 1,578 300 1,878 2,200 Utility-Water&Sewer - 900 520 102 622 900 Lease-Carts 1,500 1,500 1,500 - 1,500 1,500 R&M-Gate 5,635 4,386 1,173 880 2,053 4,352 R&M-Gatehouse 1,172 2,000 283 200 483 1,500 Op Supplies-Gatehouse 171 250 141 28 169 250 Cap Outlay-Equipment 394 7,740 788 - 788 6,726 Total Public Safety 52,837 86,326 46,107 9,776 55,883 70,278 Annual Operating Budget Fiscal Year 2013 Page 1 161 1 3 HERITAGE GREENS Community Development District General Fund Summary of Revenues, Expenditures and Changes in Fund Balances Fiscal Year 2013 Adopted Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU AUG- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2011 FY 2012 JULY-2012 SEP-2012 FY 2012 FY 2013 Landscape Contracts-Landscape 11,665 15,060 12,550 2,510 15,060 18,000 Contracts-Preserve Management 2,480 2,000 1,760 - 1,760 2,000 Electricity-Irrigation 1,803 2,000 1,672 350 2,022 2,000 R&M-Renewal and Replacement 616 1,500 - - - 1,500 R&M-Canals 2,590 2,600 1,295 1,295 2,590 2,600 R&M-Fountain 1,032 900 2,127 150 2,277 900 R&M-Grounds 4,205 8,500 3,960 1,454 5,414 8,500 R&M-Irrigation 227 2,500 972 - 972 2,500 • R&M-Preserves - 500 - - - 500 Misc-Special Projects 5,000 4,000 6,465 - 6,465 4,000 Cap Outlay-Lake Aerators 6,427 - - - - - Total Landscape 36,045 39,560 30,801 5,759 36,560 42,500 Road and Street Facilities Electricity-Streetlighting 8,773 11,000 7,166 1,438 8,604 11,000 R&M-Drainage 2,087 2,500 - 6,465 6,465 2,500 R&M-Roads&Alleyways 270 2,000 - - - 2,000 R&M-Sidewalks - 1,750 1,500 - 1,500 1,750 Traffic Signage Rehabilitation 547 1,250 756 - 756 1,250 Reserve-Roads - - - - - 10,000 • Total Road and Street Facilities 11,677 18,500 9,422 7,903 17,325 28,500 TOTAL EXPENDFTURES 174,476 209,871 142,051 31,845 173,896 209,588 I Excess(deficiency)of revenues Over(under)expenditures 3,679 - 69,064 (31,769) 37,295 - Net change In fund balance 3,679 - 69,064 (31,769) 37,295 - FUND BALANCE,BEGINNING 85,131 88,810 88,810 - 88,810 126,105 FUND BALANCE,ENDING $ 88,810 $ 88,810 $ 157,874 $ (31,769) $ 126,105 $ 126,105 FY2012 FY2013 Gross Assessments 217,904 217,904 Assessable Units 527 527 Gross Assessments per Unit $ 413.48 $ 413.48 Annual Operating Budget Fiscal Year 2013 Page 2 • 161 1 : Heritage Greens Community Development District GENERAL FUND BUDGET REVENUES: Special Assessment-On Roll The District will levy a Non-Ad Valorem assessment on all the assessable property within the District in order to pay for the operating expenditures for the Fiscal Year. Special Assessment—Discount Per Section 197.162, Florida Statues, discounts are allowed for early payment of assessments. The budgeted amount for the fiscal year is calculated at 4% of the anticipated Non-Ad Valorem assessments. Interest Income(Investments) The District will have all excess funds invested with the CDs or Money Market Accts. The amount is based upon the estimated average balance of funds available during the Fiscal Year. EXPENDITURES: Administrative: P/R—Board of Supervisors Chapter 190 of the Florida Statutes allows for a member of the Board of Supervisors to be compensated for a meeting attendance and to receive $200 per meeting plus payroll taxes. The amount for the Fiscal Year is based upon all Supervisors attending the meetings. Engineering Fees The District's engineer will be providing general engineering services to the District, i.e. attendance and preparation for monthly board meetings, review invoices,etc. Legal Services The District's legal counsel will be providing general legal services to the District, i.e. attendance and preparation for monthly meetings, review operating and maintenance contracts,etc. Fees are based on prior year legal expenses. Management Consulting Services The District receives Management, Accounting and Administrative services as part of a Management Agreement with Severn Trent Management Services,Inc. Page 3 1611 13 Heritage Greens Community Development District GENERAL FUND BUDGET Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries,and the names and addresses of the owners of such property. The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service. Per the Florida Statutes, administrative costs shall include,but not be limited to, those costs associated with personnel,forms, supplies,data processing,postage,and programming. The FY2013 budget for property appraiser costs was based on 1.5%of gross assessments. Special Assessment The District's Collection Agent will be providing financials services which include the collection of prepaid assessments, maintenance of District's assessment roll and levying the annual operating and maintenance assessments. Web Site Development The District incurs fees as they relate to the development and ongoing maintenance of its own website. Auditing Services The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Firm. Communication-Telephone Telephone and fax machine expenses for administrative functions. Postage&Delivery Mailing of agenda packages,overnight deliveries,correspondence,etc. Insurance—General Liability The District will incur expenditures for public officials' liability insurance for the Board&Staff. FY13 has a proposed increase of 15%. Printing&Binding Printing and Binding agenda packages for board meetings,printing of computerized checks,stationary,envelopes,etc. Legal Advertising The District is required to advertise various notices for monthly Board meetings, public hearings,etc in a newspaper of general circulation. Mise—Bank Charges Bank charges that incurred during the year. Page 4 1611 43 Heritage Greens Community Development District GENERAL FUND BUDGET Misc-Assessment Collection Fee This represents 2.0% Collier County Tax Collector Fees for services rendered in assessing and collecting 2013 Assessment Roll. Office Supplies Miscellaneous office supplies related to the preparation of agenda packets. Annual District Filing Fee The District is required to pay an annual fee to the Department of Community Affairs for$175. Public Safety Contracts—Janitorial Services Currently being paid by the Heritage Greens Community Association in exchange for locking and unlocking of the community center. Contracts—Security Services The District has contracted with Kent Security to have a security officer on duty at the front gate for a set period of time to check guest coming into the community and tour the property to check for any problems that may need to be addressed. Contracts—HVAC To service the air conditioning unit at the guardhouse. Contracts—Sheriff This includes the agreement between the District and the Collier County Sheriffs department to patrol and enforce traffic laws over the roads the District is responsible for. Communication—Telephone This includes any telephone or fax usage for the guardhouse to allow the security officer to be able to communicate with management and residents. This also allows the gate system to be operable when there is no security officer present. Electricity—Entrance Electricity usage for the guardhouse. Costs are based on historical expenses occurred incurred with Florida power&Light(FPL). Utilities—Water&Sewer Any cost associated with the water and sewer used at the guardhouse. Page 5 1611 A3 Heritage Greens Community Development District GENERAL FUND BUDGET Lease—Carts The District leases a golf cart,for S800 every six months,for the guard to use to do community patrol and to lock and unlock the community center. R&M—Gates This represents any repairs or maintenance that may need to be done to the gates. R&M—Gatehouse Cost associated with any normal repairs and maintenance of the guardhouse along with the cost incurred with Collier County Utilities to run the tele-entry system. On Supplies-Gatehouse Costs associated with any supplies purchased for use within the guardhouse. Capital Outlay—Equipment Any capital items needed to improve security within the District. Landscape Contracts—Landscape The District is responsible for cutting all CDD property which are common areas which includes the entry way and guardhouse. Contracts—Preserve Maintenance The District has contracted with Uplands, LLC for the maintenance of the preserves. Currently treatments are on a semi annual basis. Electricity—Irrigation Any electricity cost incurred to run the irrigation system as well as the fountain that is owned by the District. R&M—Renewal and Replacement This line item includes costs associated with renewing or replacing plant material on CDD property. Additionally, various repair and maintenance costs incurred as needed. R&M—Canals The District is responsible for maintaining the canal banks of high weeds and must cut them several times per year or be subject to property maintenance code violations. R&M—Fountains This is to include any repairs or maintenance that need to be addressed to make sure that the fountains the District is responsible are in proper working order. Page 6 1611 A3 Heritage Greens Community Development District GENERAL FUND BUDGET R&M—Grounds Funding if needed for the District to apply mulch and pesticides to all CDD property identified as common areas. R&M—Irrigation Cost associated with the irrigation system through out the District. R&M—Preserves The District is responsible for having the preserves treated for invasive plants on an annual basis Misc—Special Projects This is a contingency in case the District is to incur costs relating to any special projects that are felt to be needed and identified by the Board of Supervisors. Capital Outlay—Lake Aerators These monies were used in coordination with the fountain project that is owned by the District. Road and Street Facilities Electricity—Streetlighting Street Lighting usage for District facilities and assets. Costs are based on historical expenses occurred incurred with Florida power&Light(FPL). R&M—Drainage The District is responsible for making any repairs to the storm drainage infrastructure. R&M—Roads&Alleyways This represents miscellaneous repairs of the roads and alleyways of the District. R&M—Sidewalks Includes all costs associated with sidewalks within the District. R&M—Signage Any costs that are associated with any roadway signage the District may incur. Reserves—Roads Designated Funds set aside for future road improvements. Page 7 1611 '4 HERITAGE GREENS Community Development District General Fund Heritage Greens Community Development District Exhibit"A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance-Fiscal Year 2013 $ 126,105 Net Change in Fund Balance-Fiscal Year 2013 - Reserves-Fiscal Year 2013 Additions 10,000 'Total Funds Available(Estimated)-9/30/2013 136,105 I ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve-First Quarter Operating Capital (1) 49,897 Reserves-Irrigation System 7,500 Reserves-Drainage 6,000 Reserves-Wall Painting 6,000 Reserves-Wall Replacement 12,786 Reserves-Fountain 5,500 Reserves-Signs 1,000 Reserves-Roads&Sidewalks 16,201 Reserves-Roads&Sidewalks(FY13 Proposed) 10,000 Subtotal 114,884 ' Total Allocation of Available Funds 114,884 ' Total Unassigned(undesignated)Cash $ 21,221 Notes (1)Represents approximately 3 months of operating expenditures Annual Operating Budget Fiscal Year 2013 Page 8 1611 A3 RESOLUTION 2012-5 A RESOLUTION LEVYING AND IMPOSING A NON AD VALOREM MAINTENANCE SPECIAL ASSESSMENT FOR THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 2013 Preamble WHEREAS,certain improvements existing within the Heritage Greens Community Development District and certain costs of operation,repairs and maintenance are being incurred;and WHEREAS,the Board of Supervisors of the Heritage Greens Community Development District find that the District's total General Fund operation assessments, taking into consideration other revenue sources during Fiscal Year 2013,will amount to $ 217,904.00 ; and WHEREAS, the l3oard of Supervisors of the Heritage Greens Community Development District finds that the non-ad valorem special assessments it Ievies and imposes by this resolution for maintenance on the parcels of property involved will reimburse the District for certain special and peculiar benefits received by the property flowing from the maintenance of the systems, facilities and services apportioned in a manner that is fair and reasonable, in accordance with the applicable assessment methodology;and WHEREAS, the District Board understands that this resolution levies only the maintenance assessments for Fiscal Year 2013,the Chair of the District,or the designee of the District Manager,shall certify a total non-ad valorem assessment roll in a timely manner to the Tax Collector in and for Collier County for collection to include all assessments levied and approved by the District on the property including those for debt service as well as for special maintenance assessments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT OF COLLIER COUNTY, FLORIDA; Section 1. All the whereas clauses are incorporated herein and are dispositive. Section 2. A special assessment for maintenance as provided for in Chapters 190.021(3), Florida Statutes, (hereinafter referred to as assessment) is hereby levied on the benefitted parcels within the District. 1611 43 Section 3. That the collection and enforcement of the aforesaid assessments on said benefitted parcels shall be by the Tax Collector serving as agent of the State of Florida in Collier County (Tax Collector)and shall be at the same time and in like manner as ad valorem taxes and subject to all ad valorem tax collection and enforcement procedures which attend the use of the official annual tax notice. Section 4. The levy and imposition of the maintenance special assessments on the benefitted parcels within the District will be combined with the debt service non-ad valorem assessments, if any, which were levied and certified as a total amount on the non-ad valorem assessment roll to the Collier County Tax Collector by the designee of the Chair of the Board on compatible medium no later than 31 August, 2012, which shall then be collected by the Tax Collector on the tax notice along with other non-ad valorem assessments from other local governments and with all applicable property taxes to each applicable platted parcel of property. Section 5. The proceeds therefrom shall be paid to the Heritage Greens Community Development District. Section 6. The Chair of the Board of the Heritage Greens Community Development District designates the District Manager to perform the certification duties. Section 7. Be it further resolved,that a copy of this Resolution be transmitted to the proper public officials so that its purpose and effect may be carried out in accordance with law. PASSED AND ADOPTED this 20th day of August, 2012, by the Board of Supervisors of the Heritage Greens Community Development District,Collier County,Florida. Calvin Teague John L.Jordan Secretary Chairman .0 1611A3 Heritage greens Singe_ramify 3-for errwners Association c/o Resort Management 2685 Horseshoe Drive S. #215 3YapCes, FL 34104 April 5,2012 Heritage Greens CDD Via email--eteague@sevemtrentms.com c/o Cal Teague,District Manager • 5884 Enterprise Parkway Ft.Myers,FL 33905 • Re: CDD Responsibilities for Street Lighting and Sidewalks Dear Board of Supervisors: Please be advised that I have been authorized by the Board of the Heritage Greens Single Family Homeowner's Association to prepare this letter, The purpose of this letter is to identify our members,and your constituents',concerns regarding the appearance and safety of our community. Since the CDD decided it would take back its maintenance responsibilities from the Heritage Greens Community Association("HGCA")a couple years ago,it appears that some of these responsibilities have either been ignored or pushed off on one of the neighborhood • associations. One such issue is the street lighting in this community. On December 6, 2011,Geoff Young,of Resort Management, sent the CDD Board a letter on behalf of the Heritage Greens • Single Family Homeowners Association("HGS.FHOA"). A copy is attached for your review. The purpose of the letter was to respond to Chairman Jordan's recent attempt to pass the buck on the maintenance of these street lights to our homeowners and/or association by his presentment of a drawing to Mr. Young,which supposedly illustrated the proper areas for clearing tree obstructions from the street lights. It was our intent in sending the letter to revive the discussion initiated by Woody Blackwell at the January 17,2011. CDD meeting in order that some formal • action would be taken by the CDD regarding the maintenance of the community lighting. Unfortunately,our letter was not mentioned at the Board meeting that followed until I inquired about it, and,to date,no response from your Board has been received by our Association -regarding the matter. While I am confident Mr. Teague fulfilled his responsibility to disseminate that letter to each of the Supervisors,I have concerns,as do other directors of our Board,about a governing body which is non-responsive to its taxpayers and content to dispose of its • responsibility with nothing more than a handoff of a drawing and list to the Property Manager of the HGSFHOA.(One must assume that the Chairman was acting on behalf of the Board but the minutes do not reflect that any Board action was taken on this item at the January 17th meeting or the meeting prior.) 161 1 433 N O N � N �. O = a s w @ O 8 t to 4 9t A 3 g g _ $ 3 m w c a A v v -0 AD m a m a a a ?Q j Q G CO (0 m m $ at a' m tT N O, w d m 0 m m m w N w G s iII O CD CO Cu CD CU G) CO CC) co SO mppp pO O 01 C u O O O f (o t a (� G G n o m O C) N 0 O a a C. ffi. a a 1 m u F. m x x o c a a 2 2 N N 1 Ito g. a N 44 M W.a€l aom 'o o 8 tr o • o n a I 1611 A.3 co , o 71 v 0 0 0 N ro ° Q- ci ( Q N (1) v N . N CO r D fll '..c ui m 8 E co C) 0 T 92. c_ 0 Q = �' j -, Sio v N Qi CD p N N N O A CT = ° o °O O° n' al CO 0 � 0 r � B• 0 N -o m -, cr = al 0 a o o C' a 5 N 0 o CO N C 0 tD CL 0 w d X/ , co m_ o t c cp 3 o N ` R o m C 0 • n co C 161 1 A3 SEVERN TRENT SERVICES Severn Trent Services • 5911 Country Lakes Drive Fort Myers, FL 33905 United States • June 23,2012 T: +1 239 245-7118 F. +1 239 245-7120 www.sevemtrentrns.com The Heritage Greens CDD is seeking a contractor to paint both yellow and white lines throughout the Community. • If your firm is interested in bidding on the project the scope of services are described below: • Line painting throughout the Community in appliance to County code. The painting quote should include the following: • Type of paint being applied. • Total amount of area being painted • Identifying locations where painting will be performed • Indicate warrantee for the striping's Please contact me to schedule a time to inspect the property. The site address is: 2215 Heritage Greens Drive Naples, FL 34119 • All bids should include proof of insurance,references and be delivered to Severn Trent no later than July 9,2012. Bids can be emailed,mailed or dropped off to: bcolao( severntrentservices.com or Severn Trent Management Service Attn: Barbara Colao 5911 Country Lakes Drive Fort Myers,FL 33905 T: +239-245-7118 ext 300 If you have any questions please feel free to ask. Thank you, Barbara Colao Page 1 of 1 Correspondence should be addressed to: Severn Trent Environmental Services,Inc. 1611 A13 e: ain $qçjpaI PATCHING•SEALLUATING'TRAFFIC MARRING BAIN$EALCOAT INC.dba GRIFFITH PAVEMENT MAINTENANCE PHONE 239-641-1432 FAX 239-985-9870 Estimate#: 18592 Submitted To: Seven Trent Management Service Date: 8-15-12 Phone: 239-245-7118 Ext.300 Fax: Address: 5911 Country Lakes Drive FT Myers,FL 33905 Job Name: Heritage Greens (Roadways) Contact: Barbara Colao Job Location: 2215 Heritage Greens Dr.Naples I. RESTRIPING—In Roadway areas,work to include: Remove dirt and moisture from pavement areas. Restripe as existing line as existing using white and yellow latex traffic paint. Please Note:All Crosswalk Should Be 12"Lines and a 6'Width Inside to Inside of Lines Per County Code. 1 EA 12"Crosswalk yellow hashed out 464' Location#2372&2376 13 EA Speed Humps 12"White 1,924' Locations#2344&2340/2309&2316/2019&2018/2280& 2284/2449&2244/2174&2167/2151 &2146/2063 &2058/1947 8c 1935/1871 & 1863/ 1693& 1681 /1944& I953/ 1993&2000 6 EA 6"Crosswalks White 306' Locations#2224/Clubhouse Employee Parking Entrance/By# 19991 / Crestview Way approx.; 100' From Stop Bars Both Ends/Intersection Heritage Greens Dr&Morning Sun Ln 12 EA 24"Stop Bars 172' Locations 3 at Heritage Greens Dr&Morning Sun Ln/6 at Morning Sun Ln& Crestview Way,Both Ends / 3 at Morning Sun Ln&Avian Ct/ • Heritage Greens Roadways Painted Markings TOTAL$2,545.00 ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory and are hereby accepted. Buyer Bain Sealcoat Inc.7861 Mainline Pkwy,Ft.Myers,FL 33912 Signature Signature Title Mike Bain,Estimator Date of Acceptance -- I 1611 A 3 w . '' all Sealcoat ..... PAI l.H14G-SFALLTIATINre,TRAFFIU MARKING ■ BAIN SEALCOAT INC.dba GRIFFITH PAVEMENT MAINTENANCE PHONE 239-641-1432 FAX 239-985-9870 Estimate#:18592 Submitted To: Seven Trent Management Service Date: 8-15-12 Phone: 239-245-7118 Ext.300 Fax: Address: 5911 Country Lakes Drive FT Myers,FL . 33905 Job Name: Heritage Greens (Roadways) Contact: Barbara Colao Job Location: 2215 Heritage Greens Dr.Naples Special Notes: *Bain Sealcoat will not be held responsible for damages incurred on any personal or private property due to driving through or removing of barricades. *Bain Sealcoat will not be liable for damages caused from sprinkler systems. *Any increase in the scope of work performed will result in a proportional increase in the price for this contract. *Schedules may be delayed due to weather conditions. *WARRANTY:There will be a one year warranty on the sealing material and workmanship except on the material applied to cracks, oil spots,and weeds growing through the asphalt.The warranty shall be limited to the replacement of the material and applications. This contract shall not be effective until it is executed by an executive officer of the seller.All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from specifications involving extra costs will be executed only upon written orders,and they will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents,or delays beyond our control.Owner to carry fire,tornado,and other necessary insurance.Our workers are hilly covered by Workmen's Compensation Insurance. *ACCEPTANCE OF PROPOSAL:Payment will be made as outlined above.If it becomes necessary to enforce or interpret the provisions of this agreement,or to effect collection,the purchaser hereby agrees to pay any and all reasonable court costs and attorney's fees which are incurred by the Seller in such action,including all necessary costs of collection.In consideration of the Seller extending credit to the Purchaser,the undersigned jointly,severally,and unconditionally personally guarantees payment when due of any and all indebtedness by the above name firm or individual and owed to Bain Sealcoat Inc.,if default in the payment hereto occurs. TERMS:Payment is due upon completion and receipt of final invoice. No retainage to be withheld. ESTIMATE EXPIRATION:This estimate is valid for 30 days. Unless otherwise indicated,the prices on this proposal apply only to work completed before the end of the 2012 paving season,as determined by Bain Sealcoat Inc.,7861 Mainline Parkway,Ft Myers,FL 33912.Any work performed in succeeding years will require new agreements. ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory and are hereby accepted. Buyer Bain Sealcoat inc.7861 Mainline Pkwy,Ft.Myers,FL 33912 Signature Signature Date of Acceptance Title Mike Bain,Estimator 1611 43 ®RIV AYL_ PROPOSAL 18-120950 C AIN ENK C�'" Nv Mail to: P.O. Box 3502 Ft. Myers: (239)226-0300 �� Fort Myers, Florida 33918-3502 Naples: (239) 775-7131 I�I`,, •�M Fax: (239) 226-0397 8/15/2012 Severn Trent Management Services Heritage Greens (239)-245-7118 5884 Enterprise Parkway 2215 Heritage greens drive Ft. Myers, FL 33905 Naples, FL 34119 ATTENTION: Barbra Colao FAX# (239)-245-7110 As per directions to perform the fcllowing work: STRIPING: 1. Restripe as existing using DOT approved latex traffic blue, yellow and white paints to include: 2670 12" lineal footage, 3 speedbumps, 350 6" lineal footage, and 14 stop bars. *THIS CONTRACTOR WILL NOT BE RESPONSIBLE FOR DAMAGES CAUSED TO OR BY CARS OR PERSONS TRESPASSING IN DESIGNATED AREAS. *PERMIT FEES, PROCUREMENT FEES AND ANY ADDITIONAL WORK REQUIRED BY THE PERMIT WILL BE AN EXTRA COST TO THE CUSTOMER. WE PROPOSE to furnish labor and material-complete in accordance with above specifications, and subject to conditions stated herein,for the sum of: *.e': laie' tYM ** TWO THl)i1SANll TWO HilNf7RF,D FORTY SFVFN DOLLARS AND 00 CENTS ** t `` '4"SallitItinastetiVIOV, WITH PAYMENTS TO BE MADE AS FOLLOWS xr1s x r�= r 7y }�favth kard i NET UPON COMPLETION •Not responsible for any damage to underground utilities.• •A Certificate of Insurance will be issued upon request prior to commencement of work.• ACCEPTED:The above prices,specifications and conditions are satisfactory and All mateiai is guaranteed to be as specified.All work is to be completed in a are hereby accepted.You are authorized to do the work as specified.Payment will workmanlike manner according to standard practices.Any alteration or deviation be made as outlined above. from above specifications Involving extra costs, will be executed only upon written orders,and will become an extra charge over and above the estimate-All ACCEPTANCE OF PROPOSAL agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire,tornado and other necessary insurance upon above work. Our workers are covered by Workmen's Compensation Insurance. DATE OF ACCEPTANCE DRIVEWAY MAINTENANCE INC. PRINT NAME SIGNATURE X GARY DYKES TITLE A� 3 161 'i 08/13/2012 07:42 2394583381 FLORIDA SEALCOAT PAGE 01/01 • Proposal FROM: Florida Sealcoat&Striping.LLC Page.No. 1 12801 EAGLE RD. • GAPE CORAL, FL 33909 KAMII„239-633-2101 haytacl©grail.turn PROPOSAL SUBMITTED TO: Name: Heritage Greens CCD /Barbara Colao • Phone: 239.245-7118 Date: 8!1112012 Street: 2215 HERITAGE GREENS DR. City: NAPLES State: FL. _ _ Zip: 34119 propose to furnish all materials and perform all labor necessary to complete the following:we WE WILL RE-PAINT ALL STOP BARS WITH WHITE THERMO PLASTIC PAINT PAINT WITH FIVE.YEARS WARRANTY All of the work is to be completed in a substantial and workman We manner for the sum of $2475 Dollars($2475.00). Payment to be made each 00 as the work progresses to the value of $2475.00 percent(100%)of all work completed. The entire amount of ihe contract is to be paid within S days after completion_ NO WARRANTIES HONORED UNLESS PAYMENT IS MADE IN FULL FIRST TIME. Any alterations or deviation from the above specifications involving extra cost of material or labor will be executed upon written order for same,and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. Authorized Signature ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned In the above proposal for which$2475 agrees to pay the amount mentioned to said proposal and according to the terms thereof. Signature Date ..mt.0 MSavm Noe lot I e$430.1440•hex 00:14 1611 43 Teague, Cal From: Colao, Barbara Sent: Thursday,August 16,2012 3:33 PM To: Teague,Cal Subject: Heritage Greens Fire pit update Cal, I spoke to Tracy from Indigo Lakes and she said that as of last week the pit was still there. The second letter was sent out and they will turn this issue over if it isn't resolved within 15 days of sending out the letter.Tracy doesn't know exactly when the letter went out since it didn't come from her but her main office. I called today but got no answer the phone at her office. I will try again before I leave. Thank you, Barbara Colao Severn Trent Services Management Services-Ft. Myers T:+ 1 239-245-7118 ext. 300 F:+ 1 239-245-7120 E: bcolao aseverntrentservices.com • Q1 ' • • 16 I 1 A3 Heritage Greens Community Report Date: 8-01-2012 Time tour began(military time): 1630_ Time tour ended (military time): 1930_ Name of Deputy on duty: Cpl James Spartz Shield#: 3288 Car #: 149 At the end of tour please drop completed form in box outside office at Club House. Contact below in event of a problem: Mon-Fri 12 — 5p.m. Community Manager 513-6921 STOP ALL TRAFFIC VIOLATORS AND TAKE APPROPRIATE ACTION. PLEASE NOTE THAT THERE IS A TRAFFIC CONTROL AGREEMENT DATED 9-II-2007, DOCUMENT STOPS BELOW: Morning and afternoon patrols Enforce 20 mile per hour speed zone and stop sign violations. Incidents Document below any incidents and traffic stops time and the action taken: The addresses on the instruction form I figured were empty houses where we could run radar in the driveway. The first was not a bad location and the neighbors told me it was empty. The second I later found out was occupied year long and the third address was just a bad location. Traffic was very light and I only got one car at the highest speed of 26mph. I talked to a few neighbors out walking and they complained about stop sign violations.I sat on a few of the stop signs but there lust isn't a good place to park, hidden, and watch the signs for violators. For the most part it was a Quiet evening and light traffic. 1611 A 3 Proposed Notice of Meetings Heritage Greens Community Development District The Board of Supervisors of the Heritage Greens Community Development District will hold their meetings for Fiscal Year 2013 at 6:00 p.m. at the Heritage Greens Community Center, 2215 Heritage Greens Drive,Naples,Florida on the third Monday of each month as indicated below: October 15,2012 November 19,2012 December 17,2012 January 21,2013 February 18,2013 March 18,2013 April 15,2013 May 20,2013 June 17,2013 July 15,2013 August 19,2013 September 16,2013 There may be occasions when one or more Supervisors will participate by telephone. Meetings may be continued to a date, time, and place to be specified on the record at the meeting. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (954) 753-5841 at least two calendar days prior to the meeting. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Calvin Teague Manager 1 6 1 1 Aj3 Tuesday,June 19,2012 5:07 AM Ed Napier 2397741042 p.02 lil NAPIER ENTEPRISES INC. Estimate x937 POPLAR ST, NAPLES FLA.34112 Number: E178 941 250-3256 Date: June 19,2012 Bill To; Ship To; HERITAGE GREENS COMMONS DEVELOPEMENT INSPECT/MONTH/OTHER SERVICE CALL DISCREP. PUMP MAINT UNIT/TIMER/ZONE# PARTS/DESCRIPTION CITY, Rate Amount QUARTERLY DIVING DIVE LAKE INSPECT PUMP HOUSING( SINKING IN MUD ECT.) AND CLEAN LAKE PUMP FILTERS. MONTHLY INSP. INSPECT CONTROLL BOX. OPEN AND CHECK FOR ANTS, LIZZARDS ECT. CHECK FOR LRAPCING CAPACITORS. DO AMPERAGE CHECKS. RUN A ZONE AND VERIFY REGULATOR VALVE IS WORKING PROPERLY. MONTHLY MAINT. AND QUARTERLY DIVING PER PUMP, BILLED QUARTERLY. PROPOSAL TOTAL-$200.00 PER QUARTER. Total $0.00 I 1611 A3 Heritage Greens Community Development District Financial Report July 31,2012 Prepared by SEVERN TRENT SERVICES 1611 '4 3 Heritage Greens Community Development District Table of Contents FINANCIAL STATEMENTS Balance Sheet Page 1 Statement of Revenues,Expenditures and Changes in Fund Balances General Fund Page 2-3 SUPPORTING SCHEDULES • Non-Ad Valorem Special Assessments Page 4 Cash&Investment Report Page 5 SunTrust Bank Reconciliation Page 6-7 • Check Register Page 8-9 A3 Heritage Greens Community Development District Financial Statements (Unaudited) July 31,2012 161 1 A3 Heritage Greens Governmental Fund Community Development District Balance Sheet July 31,2012 GENERAL ACCOUNT DESCRIPTION FUND ASSETS Cash In Bank $ 111,194 Investments: Money Market Account 50,513 SBA Account 236 SBA Account- Restricted 390 'TOTAL ASSETS $ 1627333 I LIABILITIES Accounts Payable $ 2,152 Accrued Expenses 2,198 Contracts Payable 109 TOTAL LIABILITIES 4,459 FUND BALANCES Assigned to: Operating Reserve 30,000 Irrigation System Reserves 7,500 Drainage Reserves 6,000 Wall Painting Reserves 6,000 Wall Replacement Reserves 12,786 Fountain Reserves 5,500 Signs Reserves 1,000 Roads&Sidewalks Reserves 16,201 Unassigned: 72,887 'TOTAL FUND BALANCES $ 157,874 TOTAL LIABILITIES& FUND BALANCES $ 162,333 Prepared by Page 1 Report Dale:8!712012 Severn Trent Management Services 1611 A3 Heritage Greens General Fund Community Development District Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending July 31, 2012 ANNUAL ADOPTED YTD YTD VARIANCE($) JULY-12 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL REVENUES Interest-Investments $ 683 $ 570 $ 377 $ (193) $ 35 Special Assmnts-Tax Collector 217,904 217,904 217,904 - - Special Assmnts-Discounts (8,716) (8,716) (7,886) 830 - Gate Bar Code/Remotes - - 720 720 - TOTAL REVENUES 209,871 209,758 211,115 1,357 35 EXPENDITURES Administrative ProfServ-Engineering 750 625 1,695 (1,070) - ProfSery-Legal Services 3,500 2,920 976 1,944 - ProfSery-Mgmt Consulting Sery 34,850 29,041 29,042 (1) 2,904 ProfServ-Property Appraiser 3,269 3,269 2,747 522 - ProfServ-Special Assessment 5,463 5,463 5,463 - - ProfSery-Web Site Development 120 120 119 1 - Auditing Services 3,200 3,200 3,200 - - Communication-Telephone 50 42 5 37 1 Postage and Freight 500 420 511 (91) 54 Insurance-General Liability 5,750 5,750 6,023 (273) - Printing and Binding 1,500 1,250 740 510 65 Legal Advertising 1,200 1,000 297 703 - Misc-Bank Charges 500 420 467 (47) 44 Misc-Assessmnt Collection Cost 4,358 4,358 4,200 158 - Office Supplies 300 250 61 189 - Annual District Filing Fee 175 175 175 - - Total Administrative 65,485 58,303 55,721 2,582 3,068 Public Safety Contracts-Security Services 64,000 53,333 38,896 14,437 4,522 Contracts-HVAC 350 291 - 291 - Contracts-Sheriff 1,000 832 255 577 - Communication-Telephone 2,000 1,667 973 694 104 Electricity-Entrance 2,200 1,833 1,578 255 164 • Utility-Water&Sewer 900 750 520 230 51 Lease-Carts 1,500 1,250 1,500 (250) - Prepared by Report Date:8/10/2012 Severn Trent Management Services Page 2 1611 A3 Heritage Greens General Fund Community Development District Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending July 31,2012 ANNUAL ADOPTED YTD YTD VARIANCE($) JULY-12 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL R&M-Gate 4,386 3,655 1,173 2,482 120' R&M-Gatehouse 2,000 1,667 283 1,384 - Op Supplies-Gatehouse 250 210 141 69 - Cap Outlay-Equipment 7,740 6,450 788 5,662 - Total Public Safety 86,326 71,938 46,107 25,831 4,961 Landscape Contracts-Landscape 15,060 12,550 12,550 - 1,255 Contracts-Preserve Management 2,000 2,000 1,760 240 - Electricity-Irrigation 2,000 1,670 1,672 (2) 173 R&M-Renewal and Replacement 1,500 1,250 - 1,250 - R&M-Canals 2,600 1,300 1,295 5 - R&M-Fountain 900 750 2,127 (1,377) 75 R&M-Grounds 8,500 7,083 3,960 3,123 - R&M-Irrigation 2,500 2,083 972 1,111 - R&M-Preserves 500 417 - 417 - Misc-Special Projects 4,000 3,333 6,465 (3,132) - Total Landscape 39,560 32,436 30,801 1,635 1,503 Road and Street Facilities Electricity-Streetlighting 11,000 9,167 7,166 2,001 707 R&M-Drainage 2,500 2,083 - 2,083 - R&M-Roads&Alleyways 2,000 1,670 - 1,670 - R&M-Sidewalks 1,750 1,460 1,500 (40) - Traffic Signage Rehabilitation 1,250 1,042 756 286 756 Total Road and Street Facilities 18,500 15,422 9,422 6,000 1,463 TOTAL EXPENDITURES 209,871 178,099 142,051 36,048 10,995 Excess(deficiency)of revenues Over(under)expenditures - 31,659 69,064 37,405 (10,960) Net change in fund balance $ - $ 31,659 $ 69,064 $ 37,405 $(10,960) FUND BAL,BEGINNING(OCT 1,2011) 88,810 88,810 88,810 FUND BALANCE,ENDING $ 88,810 $ 120,469 $ 157,874 Prepared by: Report Date:8/1012012 Severn Trent Management Services Page 3 1611 X13 Heritage Greens Community Development District Supporting Schedules July 31,2012 1611 A3 Heritage Greens Community Development District Non-Ad Valorem Special Assessments (Collier County Tax Collector-Monthly Collection Distributions) For the Fiscal Year Ending September 30, 2012 Discount! Gross Date Net Amount (Penalties) Collection Amount Received Received Amount Costs Received Assessments Levied $217,904 Allocation% 100% 10/31/11 $ 484.04 $ 27.36 $ 9.88 $ 521.28 11/16/11 43,957.14 1,869.02 897.08 46,723.24 11/30/11 47,458.15 2,017.78 968.53 50,444.46 12/08/11 85,195.32 3,618.12 1,738.68 90,552.12 12/29/11 3,643.35 123.48 74.35 3,841.18 01/25/12 7,712.17 226.28 157.39 8,095.84 03/09/12 3,971.06 82.70 81.04 4,134.80 04/04/12 4,672.00 20.65 95.35 4,788.00 04/27/12 5,802.56 (12.40) 118.42 5,908.58 05/25/12 417.36 (12.40) 8.52 413.48 06/21/12 2,504.17 (74.40) 51.11 2,480.88 TOTAL $ 205,817.32 $ 7,886.19 $ 4,200.35 $ 217,903.86 %COLLECTED 100.00% I TOTAL OUTSTANDING $ 0 Report Date: 7/5/2012 Prepared by: Severn Trent Management Services Page 4 16111 43 Heritage Greens All Funds Community Development District Cash and Investment Report July 31,2012 (General Fund Account Name Bank Name Investment Type Maturity Yield Balance Checking Account-Operating SunTrust Bank n/a n/a 0.10% $110,194 Checking Account-Operating Bank United n/a n/a 0.00% $1,000 Operating Acct SBA n/a n/a 0.31% $236 Operating Acct(Restricted) SBA n/a n/a 0.00% $390 Money Market Account Bank United Business MMA n/a 0.55% $50,513 Total $162,333 Report Date:8/8/2012 Prepared By: Page 5 Severn Trent Management Services I 16 1 A 3 Heritage Greens CDD Bank Reconciliation Bank Account No. 9920 Statement No. 07-12 Statement Date 07/31/12 GR.Balance(3) 110,194.05 Statement Balance 113,911.88 G/L Balance 110,194.05 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 113,911.88 Subtotal 110,194.05 Outstanding Checks 3,717.83 Negative Adjustments 0,00 Total Differences 0.00 Ending GIL Balance 110,194.05 Ending Balance 110,194.05 Difference 0.00 Posting Cleared itati pocument Type Document No, Description Amami Arnold Difference Checks • • 06/29/12 Payment 2461 EARTH TECH ENTERPRISES INC 8,465.00 6,465.00 0.00 06/29/12 Payment 2462 FEDEX 7.61 7.61 0.00 06/29/12 Payment 2463 KENT OF NAPLES 928.48 928.48 0.00 06/29/12 Payment 2464 SEVERN TRENT ENVIRONMENTAL SERVICES 3,064.79 3,064.79 0.00 07/03/12 Payment 2465 CENTURY LINK 101.47 101.47 0.00 • 07/03/12 Payment 2466 COLEMAN,YOVANOVICH 397.50 397.50 0.00 07/03/12 Payment 2467 FPL 971.14 971.14 0.00 07/03/12 Payment 2468 KENT OF NAPLES 928.48 928.48 0.00 • 07/03/12 Payment 2469 PJM LAWN SERVICE 1,255.00 1,255.00 0.00 . 07/03/12 Payment 2470 RAYMENT POOLS LLC 75.00 75.00 0.00 • 07/10/12 Payment 2471 DARREN LUCK 175.00 175.0D 0.00 07/10/12 Payment 2472 FEDEX 7.61 7.61 0.00 07/10/12 Payment 2473 KENT OF NAPLES 928.48 928,48 0.00 07/18/12 Payment 2474 COLLIER COUNTY UTILITY BILLING 50.78 50.78 0.00 07/18/12 Payment 2475 KENT OF NAPLES 989.99 989.99 0.00 07/30/12 Payment 2477 KENT OF NAPLES 928.48 928.4B 0.00 Total Checks 17,274.81 17,274.81 0.00 Deposits 07120/12 ACH DEBIT SUM-RUST MONTHLY ANALYSIS FEE-JUNE 2012 -44.49 -44.49 0.00 07/31/12 ACH CREDIT SUNTRUST INTEREST INCOME-JULY 2012 9.94 9.94 0.00 • Total Deposits -34.55 -34.55 0.00 Outstanding Checks 07/30/12 Payment 2476 ACTION SECURITY INC 120.00 0.00 120.00 07/30/12 Payment 2478 SEVERN TRENT ENVIRONMENTAL SERVICES 3,597.83 0.00 3,597.83 . 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Q I C' i Collier County Tax Collector -+ 8. %, . .. \.: C, 4: October 31, 2012 71! , Honorable Dwight Brock - Clerk of Courts 3315 Tamiami Trail E., Ste# 102 Naples FL 34112-5324 , ' 1 1, Dear Hon able oc Enclosed is (1) your Collier County Tax Annual Report for the 2011-2012 fiscal year and (2) Schedule of Revenue reflecting the allocation of the unused fees for that year. •[his data is being mailed to all taxing districts that are recipients of these funds and to interested taxpayers. The unused fees referred to above were distributed to the Board of County Commissioners and the Independent Taxing Districts in October 2012. In your review of this data, should you desire any additional information or have any questions pertaining to it, please contact me at 252-8171.Z a V trul yours, I 1 V • LH. - -y, ' ax Collector Collier County, Florida V-,4;3,\ .Mam:#wail Fiala L, c-N\br,., *ma enclosures Hiller ■ :saw. wit Henning i Coyle ✓* 1 3291 East Tamiami Trail, Naples, Florida 34112-5758 239-252-8171 www.colliertax.com I 161 ' l A4 COLLIER COUNTY TAX COLLECTOR SCHEDULE OF REVENUE FOR YEAR ENDING SEPTEMBER 30, 2012 REVENUE PERCENT UNUSED FROM OF FEES GOVERNMENTAL TOTAL TO BE UNITS REVENUE REMITTED COUNTY COMMISSIONERS: COUNTY WIDE $10,679,872 62.7708% $4,063,052.99 OCCUPATIONAL LICENSING FEES 118,193 0.6947% 44,966.81 HUNTING&FISHING LICENSING FEES 19,785 0.1163% 7,527.91 MOTOR VEHICLE FEES 2,005,408 11.7868% 762,940.62 VESSEL REGISTRATION FEES 86,126 0.5062% 32,765.51 SALES TAXES 1,560 0.0092% 595.50 DELINQUENT TAX FEES 60,920 0.3581% 23,179.24 WATER&SEWER FEES 0 0.0000% 0.00 SOLID WASTE FEES 102,997 0.6054% 39,186.57 TOURIST DEVELOPMENT TAX FEES 298,042 1.7517% 113,384.73 OTHER REVENUE 203,577 1.1965% 77,447.52 OTHER AD VALOREM FEES 664,257 3.9042% 252,712.59 BCC GENERAL FUND $14,240,737 83.6999% $5,417,759.99 DEPENDENT DISTRICTS 821,575 4.8288% $312,560.46 TOTAL COUNTY COMMISSIONERS: $15,062,312 88.5287% $5,730,320.45 MUNICIPALITIES: CITY OF NAPLES $11,904 0.0700% $4,530.99 EVERGLADES CITY 140 0.0008% 51.78 MARCO ISLAND 53,586 0.3149% 20,382.97 TOTAL MUNICIPALITIES: $65,630 0.3857% $24,965.74 INDEPENDENT: WATER MANAGEMENT SOUTH FLORIDA 200,630 1.1792% $76,327.72 BIG CYPRESS BASIN 183,545 1.0788% 69,828.99 COLLIER MOSQUITO CONTROL 103,604 0.6089% 39,413.12 EAST NAPLES FIRE 201,853 1.1864% 76,793.76 IMMOKALEE FIRE 35,383 0.2080% 13,463.51 NORTH NAPLES FIRE OPERATING 427,814 2.5145% 162,759.54 BIG CORKSCREW FIRE 61,117 0.3592% 23,250.44 GOLDEN GATE FIRE-INDEPENDENT 131,629 0.7736% 50,073.88 COW SLOUGH WATER CONTROL DISTRICT 310 0.0018% 116.51 PORT OF THE ISLES COMMUNITY IMPROVEMENT 28,208 0.1658% 10,731.97 LELY RESORT COMMUNITY IMPROVEMENT 63,424 0.3728% 24,130.74 KEY MARCO 23,820 0.1400% 9,061.97 PELICAN MARSH 128,394 0.7546% 48,844.05 HERITAGE GREENS 4,200 0.0247% 1,598.79 NAPLES HERITAGE COMMUNITY DEVELOPMENT 971 0.0057% 368.95 FIDDLERS CREEK 70,748 0.4158% 26,914.07 FIDDLERS CREEK II 55,917 0.3287% 21,276.22 CEDAR HAMMOCK 5,389 0.0317% 2,051.89 MEDITERRA 27,145 0.1595% 10,324.18 PINE AIR LAKES 21,949 0.1290% 8,349.96 TUSCANY RESERVE 8,487 0.0499% 3,229.95 AVE MARIA 21,844 0.1284% 8,311.13 WENTWORTH 1,899 0.0112% 724.96 VERONA WALK 26,839 0.1577% 10,207.67 QUARRY 21,392 0.1257% 8,136.36 HERITAGE BAY 29,604 0.1740% 11,262.74 TOTAL INDEPENDENT: $1.886,115 11.0856% $717.553.07 GRAND TOTAL: $17,014,057 100.0000% $6,472,839.26 npttoid °saldt?M A 4 asnotipno)Xunoj JatlloD 6 1 uioo•xEpa►lloowortm Z 110 Z..1° 03i-top xu1 �unoj .iiiioD I L 0 Z i')V& ', 424407 •L¢ « � � 4 rnsi X , pf � .y4ti r i.r �r r ■i , , •• 41 ., •S4tO. ..c014ti0.J s hiunoj Aavio3 a2nsu7 o.i fluid ay a w saxb4 h.iunoj Aavio3 s hbpoi LI•J•_ 47r!e G ii Q + 1f i 0 01 Ui j�,,,w4,iti`tri ;�', 3 h.. • j !I 1, I 4 i! 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''' Collier County Florida Property taxes Annual W( cp ort 1611 1 A4 ANNUAL REPORT TAX ROLL FOR 2011 DISTRICTS LEVIED DEDUCTIONS' ADDITIONS' NET TOTAL SCHOOL BOARD: 333.251,351 -12.502,256 305,560 321,054,655 MUNICIPALITIES: CITY OF NAPLES 18,338,187 -689,080 16,509 17,665,616 EVERGLADES CITY 302,835 -10,888 1,014 292,961 CITY OF MARCO ISLAND 19,206,746 -731,716 18,208 18,493,238 TOTAL MUNICIPALITIES: 37,847,768 -1,431,684 35,731 36,451,815 COUNTY COMMISSIONERS: COUNTY WIDE 219,088,950 -18,912,276 202,140 200,378,814 DEPENDENT 42,050,876 -2,410,744 44,103 39,684,235 TOTAL COUNTY COMMISSIONERS: 261,137,826 -21,323,020 246,243 240,081,049 INDEPENDENT: - - WATER MANAGEMENT SOUTH FLORIDA 10,408,520 -591,722 9,594 9,826,392 BIG CYPRESS BASIN 9,522,175 -541,308 8,777 8,989,644 COLLIER MOSQUITO CONTROL 5,374,366 -305,023 4,920 5,074,263 EAST NAPLES FIRE 10,455,101 -613,511 11,709 9,853,299 IMMOKALEE FIRE 1.763,830 -108,151 3,089 1,658,788 NORTH NAPLES FIRE OPERATING 22,183,397 -1,261206 15,715 20,937,908 BIG CORKSCREW FIRE 3,071,887 -170,495 5,852 2.907244 GOLDEN GATE FIRE-INDEPENDENT 6,785,003 -382,801 9,913 6,412,315 COW SLOUGH WATER CONTROL DISTRICT 15,945 -815 49 15,179 PORT OF THE ISLES COMMUNITY IMPROVEMENT 1,570,427 -191,683 3,428 1,382,172 LELY RESORT COMMUNITY IMPROVEMENT 3,283,834 -177,681 1,602 3,107,755 KEY MARCO 1,253,570 -89,476 3,103 1,187,197 PELICAN MARSH 6,649,516 -365,240 7,026 6,291,302 HERITAGE GREENS 217,904 -12,186 99 205.817 SOLID WASTE 19,061,705 -662,649 26,349 18,425,405 NAPLES HERITAGE COMMUNITY DEVELOPMENT 50,337 -2,797 22 47,562 FIDDLERS CREEK 3,639,126 -174,111 1,613 3,466,628 FIDDLERS CREEK II 2,865,919 -128,056 2,080 2,739,943 CEDAR HAMMOCK 279,650 -15,686 74 284,038 MEDITERRA 1,399,108 -70,300 1,285 1,330,093 PINE AIR LAKES 1,123,501 -54,730 6.706 1,075,477 TUSCANY RESERVE 440,363 -24,905 404 415,862 AVE MARIA 1,126,451 -56,229 126 1,070,348 WENTWORTH 97,721 -4,812 164 93,073 VERONA WALK 1,387,701 -73,051 455 1,315,105 QUARRY 1,106,518 -59233 937 1,048,222 HERITAGE BAY 1,534.175 -84,535 974 1,450,614 TOTAL INDEPENDENT: 118,667,750 -6,222,192 126,065 110,571.623 GRAND TOTAL: 748,904,695 -41,479,152 713,599 708,139,142 ADDITIONS AND DEDUCTIONS TO THE TAX ROLL FOR 2011 'Items composing the"Deductions"totals above we as indicated in the following columns marked- 'Items composing the"Additions"totals above are as indicated in the following columns marked a -TAXES -LESS -LESS -LESS -LESS -LESS OPLUS @PLUS DISTRICTS LESS THAN ADJUSTMENT DISCOUNT COUNTY HELD WARRANTS FEES PENALTIES ADDITIONS 55.00 TO TAX ROLL ALLOWED CERTIFICATES ISSUED DEDUCTED COLLECTED TO TAX ROLL TOTAL SCHOOL BOARD: -4,063 -657,712 -11,533,653 -4,100 -302,728 0 304,628 932 MUNICIPALITIES: CITY OF NAPLES -31 -36716 -635,554 -21 -8,680 -6,078 16,461 48 EVERGLADES CITY -12 -779 -8,639 -31 -1,427 0 1,014 0 CITY OF MARCO ISLAND -29 -16,754 -658,481 0 -9,711 -48,781 18,157 51 TOTAL MUNICIPALITIES: -72 -56,249 -1,300.654 -52 -19,818 -54,839 35.632 99 COUNTY COMMISSIONERS: COUNTY WDE -2,779 -444,952 -7,578,039 -2,549 -206,086 -10,679,871 201,526 614 DEPENDENT -1,186 -96,309 -1,444,963 -1,463 -45,248 -821,575 43,984 119 TOTAL COUNTY COMMISSIONERS: -3,965 -541,261 -9,021,002 -4,012 -251,334 -11,501,446 245.510 733 INDEPENDENT: WATER MANAGEMENT SOUTH FLORIDA -141 -21,109 -359,942 -123 -9,777 -200,630 9,565 29 BIG CYPRESS BASIN -128 -19,312 -329,266 -112 -8,945 -183,545 8,751 26 COLLIER MOSOUITO CONTROL -56 -10,388 -185,900 -40 -5,037 -103,804 4,906 14 EAST NAPLES FIRE -249 -43,434 -351,644 -288 -16,045 -201,853 11,882 27 IMMOKALEE FIRE -61 -5,814 -56,758 -289 -9,846 -35,383 3,085 4 NORTH NAPLES FIRE OPERATING -262 -33,638 -779,353 -17 -20,122 -427,814 15,652 83 BIG CORKSCREW FIRE -50 -606 -100,077 -19 -8,626 -61,117 5,055 797 GOLDEN GATE FIRE-INDEPENDENT -126 -11,468 -230,144 -145 -9,089 -131,629 9,887 26 COW SLOUGH WATER CONTROL DISTRICT 0 0 -505 0 0 -310 48 1 PORT OF THE ISLES COMMUNITY IMPROVEMENT 0 -119,636 -43,839 0 0 -28,208 3,424 4 LELY RESORT COMMUNITY IMPROVEMENT 0 0 -114,257 0 0 -63,424 1,592 10 KEY MARCO 0 -25,644 -40,012 0 0 -23,820 3,100 3 PELICAN MARSH 0 0 -236,846 0 0 -128,394 7,008 18 HERITAGE GREENS 0 -1 -7,985 0 0 -4,200 99 0 SOLID WASTE 0 -5,635 -647,642 -9.372 0 0 26,298 51 NAPLES HERITAGE COMMUNITY DEVELOPMENT 0 0 -1,828 0 0 -971 21 1 FIDDLERS CREEK 0 -528 -102,835 0 0 -70,748 1,803 10 FIDDLERS CREEK II 0 0 -72,139 0 0 -55,917 2,073 7 CEDAR HAMMOCK 0 0 -10,297 0 0 -5,389 74 0 MEDITERRA 0 0 -43,155 0 0 -27,145 1,280 5 PINE AIR LAKES 0 0 -32,781 0 0 -21,949 6,703 3 TUSCANY RESERVE 0 0 -16,418 0 0 -8,487 403 1 AVE MARIA 0 0 -34,385 0 0 -21,844 123 3 WENTWORTH 0 0 -2,913 0 0 -1,899 164 0 VERONA WALK 0 0 -46,212 0 0 -26,839 451 4 QUARRY 0 0 -37,841 0 0 -21,392 935 2 HERITAGE BAY 0 0 -54,931 0 0 -29,604 970 4 TOTAL INDEPENDENT: -1,073 -297,211 -3,939,903 -10,403 -87,487 -1,886,115 124,952 1,113 GRAND TOTAL: -9,173 -1,552,433 45,795,212 -18,567 -661,367 -13,442,400 710,722 2,877 15 - 1 x. 6 ' A 5 i iy of a rco 1 stand raj 4,0 i ED December 10, 2012 DEC 1 4 2012 oars nf-Go„commissioners To All Marco Island Utility Rate Payers: City Council will hold a public meeting concerning water&sewer rate design structure for all customers on December 20,2012 at 2:00 pm at the Community Center located at 51 Bald Eagle Dr. On July 16,2012 a rate hearing took place that changed the structure of water,wastewater, and irrigation service rates. The rate hearing was the culmination of a rate study performed by Burton&Associates(the City's rate consultant)and it was City Council's policy decision to follow the AW WA M-54 Manual of Water Supply Practices. Prior to the rate hearing the consumers of the system were notified of the hearing as required by law. The new rate schedule is revenue neutral and it is set for implementation on December 28,2012. City Council must decide to move forward with the existing implementation plan or postpone the implementation date and continue using the existing rate structure. The proposed change will involve all classes of customers and be effective with bills rendered on or after December 28,2012. Please visit the City website for updates. it) RECEIVED Jeffrey E.Poteet DEC 13 2012 General Manager,Water&Sewer Department City of Marco Island Fl N N C (239)389-5181 Office (239)970-3043 jpoteet@marcoislandutilities.com tiebrd t' try 1,5 ii} CITY OF MARCO ISLAND Hiller ------ P.O.BOX 2029 MARCO ISLAND, FL 34146 Henning • 0.01 Coyle ,. Galata °aa vi,sc. Corres: III'I1IIIIIII111'111'1'II1I11111 1111"'h111i1.1111I 11'111111'1' Date: `..4\q\\3 4583-22-I9****AUTO**SCIi 3-DIGIT 339 Collier County Board Item#:1 1.9Z \w,5 Att: Accounts Payable 3299 Tamiami Trl E Ste 700 Copies to: Naples, FL 34112-5749 16 1 1 A 5 15 6 ..4.' ' ,,, , if, ' City. of Marco Island 1014(104 , t •*411 .4. 01444q; ' '' - itOPOS December 10,2012 To All Marco Island Utility Rate Payers: City Council will hold a public meeting concerning water&sewer rate design structure for all customers on December 20,2012 at 2:00 pm at the Community Center located at 51 Bald Eagle Dr. On July 16,2012 a rate hearing took place that changed the structure of water,wastewater, and irrigation service rates. The rate hearing was the culmination of a rate study performed by Burton&Associates(the City's rate consultant)and it was City Council's policy decision to follow the AWWA M-54 Manual of Water Supply Practices. Prior to the rate hearing the consumers of the system were notified of the hearing as required by law. The new rate schedule is revenue neutral and it is set for implementation on December 28,2012. City Council must decide to move forward with the existing implementation plan or postpone the implementation date and continue using the existing rate structure. The proposed change will involve all classes of customers and be effective with bills rendered on or after December 28,2012. Please visit the City website for updates. ir , - Jeffrey E.Poteet General Manager,Water&Sewer Department City of Marco Island (239)389-5181 Office (239)970-3043 jpoteet@marcoislandutilities.com lehra tit) ;1 CITY OF MARCO ISLAND PO BOX 2029 i &1134,, ' MARCO ISLAND,FL 34146 . , °0044 .4.° RECEIVED 111.11011..111111111.111iiiildiiiiiIiiiii19.1.11111...19.119. DEC 13 2012 4586-22-19****AUTO**SCH 3-DIGIT 339 Collier County Board FINANC,' Attn: Accounts Payable 3299 Tamiami Trl E Ste 700 Naples, FL 34112-5746 • 1612 BOARD OF COUNTY COMMISSIONERS ADVISORY BOARD MINUTES April 9, 2013 2. ADVISORY BOARD MINUTES TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Animal Services Advisory Board: Minutes of 10.16.12; 10.23.12; 10.30.12; 11.6.12 2) Bayshore Beautification MSTU Advisory Committee: Minutes of 10.3.12 3) Bayshore/Gateway Triangle Local Redevelopment Advisory Board: Minutes of 6.26.12; 10.2.12; 11.6.12; 4) Black Affairs Advisory Board: Minutes of 10.22.12 5) Collier County Coastal Advisory Committee: Minutes of 1.18.12 (Wiggins Pass Subcommittee); 3.19.12 (Wiggins Pass Subcommittee); 5.22.12 (Wiggins Pass Subcommittee); 10.8.12 (Wiggins Pass Subcommittee); 11.8.12; 6) Collier County Code Enforcement Board: Minutes of 11.2.12 (Special Magistrate) 7) Collier County Planning Commission: Agenda of 10.4.12; 10.30.12 (EAR); 11.1.12 Minutes of 10.4.12; 10.30.12 (EAR); 11.1.12 8) Contractors Licensing Board: Minutes of 10.17.12 9) Development Services Advisory Committee: Minutes of 11.7.12 10) Environmental Advisory Council: Minutes of 10.3.12 11) Forest Lakes Roadway and Drainage Advisory Committee: Agenda of 11.6.12 Minutes of 10.2.12 1612 12) Golden Gate Beautification Advisory Committee: Agenda of 11.20.12 Minutes of 9.18.12 13) Immokalee Local Redevelopment Advisory Board: Agenda of 11.14.12 Minutes of 10.17.12 14) Lely Golf Estates Beautification Advisory Committee: Agenda of 11.15.12 Minutes of 10.18.12 15) Library Advisory Board: Minutes of 12.7.11; 2.15.12; 9.19.12 16) Ochopee Fire Control District Advisory Committee: Minutes of 9.10.12; 11.13.12 17) Pelican Bay Services Division Board: Agenda of 9.5.12; 11.7.12; 12.5.12; 12.10.12 (Landscape Water Subcommittee); 12.10.12 (Clam Bay Subcommittee); 12.27.12 (Clam Bay Subcommittee); 1.2.13 Minutes of 9.5.12; 9.24.12 (Ad Hoc Comm Pathways Trees); 10.9.12 (Clam Bay Subcommittee); 10.18.12 (Landscape Water Subcommittee); 11.7.12 18) Radio Road Beautification Advisory Committee: Agenda of 11.19.12 Minutes of 9.10.12; 10.8.12 19) Tourist Development Council: Minutes of 2.17.12 (Special Session); 2.27.12; 3.16.12 (Special Session); 3.26.12; 4.11.12 (Special Session); 4.30.12; 5.29.12; 6.25.12; 7.23.12; 8.21.12; 11.26.12 20) Water and Wastewater Authority: Minutes of 7.30.12 1612 Al October 16,2012 MINUTES OF THE MEETING OF COLLIER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMIT'I BE Naples, Florida, October 16, 2012 ! LET IT BE REMEMBERED, that the Collier County Domestic Animal Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:30 PM in REGULAR SESSION at Domestic Animal Services Training Room, Davis Blvd., East Naples, Florida, with the following members present: Fiala "T CHAIRMAN: Marcia Breithaupt (excused) ✓ VICE CHAIRMAN: Marjorie Bloom Sgt. David Estes Cindy Harrold Tom Kepp, Jr. (excused) it-40,4N L� Dan Martin ALSO PRESENT: Amanda Townsend, Director, DAS Kathlene Drew, Volunteer Coordinator, DAS Dan Christenbury. Public Relations Coordinator, DAS Elam Guevara, Administrative Assistant, DAS Misc. Correa: 1 Date: ytg\V5 Item ,4 1612 &A16,2012 I. Call to Order: Vice Chairman Marjorie Bloom called the meeting to order at 6:32 P.M. II. Attendance: Attendance was taken and a quorum established. Close to 25 members of the public were also in attendance III. Approval of Agenda: Dan Martin moved to approve the agenda. Second by Cindy Harrold Carried unanimously,4-0. IV. Approval of Minutes: A. DASAB: June 19,July 10, September 18,2012,Oct. 4 June 19,2012: Amending the corrections to the May 15,2012 minutes: (1)Item IV is to read"Pg 2",not pg.3; and(2) `Marjorie Bloom moved to approve the minutes of"May 15,2012",not May 17, 2012. Cindy Harrold moved to approve the June 19,2012 minutes,as amended Second by Marjorie Bloom. Carried unanimously, 4-0. July 10,2012: Sgt David Estes moved to approve the minutes of July 10, 2012,as presented Second by Cindy Harrold Carried unanimously,4-0. September 18,2012: Sgt.David Estes moved to approve the minutes of September 18,2012,as presented Second by Cindy Harrold Carried unanimously, 4-0. October 4,2012: Sgt.David Estes moved to approve the minutes of 1 October 4,2012,as presented Second by Cindy Harrold Carried unanimously,4-0. B. Sub-committee: January 24,May 31,June 11, June 18,June 26,July 2, July3,2012 Vice Chairman,Marjorie Bloom turned the meeting over to Dan Martin, Chairman of the Ordinance Revision Sub-committee. (Sub-committee members: Dan Martin,Tom Kepp and Cindy Harrold) Sub-committee Chairman Dan Martin reviewed copies of all minutes by the Sub-committee and the DASAB. There were no corrections or additions. Cindy Harrold moved to approve the minutes of the DAS Ordinance Revision Sub-committee,as presented for the following dates:January 24, May 31,June 11,June 26,July 2 and July 3,2012 Second by Dan Martin. Carried unanimously,4-0. 2 Al 1612 October 16,2012 V. Directors Report Amanda Townsend reported the DAS shelter had been extremely busy last month. She was serving as the shelter operations manager while the search for a new shelter manger continues. She welcomed the input and caring shown by the members of the public who continuously attend and contribute thoughts and ideas to the DASAB as well as to DAS. Kathlene Drew noted the season had arrived,the calendar was filling up with events and Northern volunteers were returning. Amanda announced October is Adopt a Dog Month Dan Christenbury explained the promotion for that event will feature photo sessions for adoptees and their adopted dog through the generous donation of services by photographer, Sara Timmons. Amanda Townsend also commended Sara for her many services in photographing shelter animals to be featured in the media. VI. Old Business A. Process for revising Standards of Care Amanda Townsend spoke about the various processes possible for revising the Standards of Care Document. She noted the community and DASAB were uncomfortable with the original presentation, acknowledging it needed work. How to go about it to achieve the right mix to get the job done was requested of the DASAB. She asked for a timeline and explained how the Sub-committee had proceeded with the revision;going line by line to come to a consensus. Dan Martin suggested public meetings and publicity in newsprint and online. Following a brief discussion, it was determined to conduct public meetings with open, on-topic discussion to include the whole DASAB. Informal structure would be set up with the Chairman for conducting the meetings. Amanda inquired of the audience members their preference for day or evening meetings. She also requested an end of meeting time to be set at 8PM. The first meeting will be Tuesday, October 23,2012 from 6:00PM to 8:00PM. B. Immokalee sheltering committee Discussed was the goal of the DAS and the Immokalee Sheltering Committee to build an easily accessible to the public, full service shelter operation in Immokalee. (Marjorie Bloom, Dan Martin and Marcia Breithaupt comprise that committee.) Amanda Townsend reviewed what the current shelter does and what it could do with a new facility. She spoke about some General Fund finances that cover repair and replacement items;and,funding sources that could come from public/private partnerships and possibly from impact fees. Pre-packaged architectural plans were mentioned as one money-saving option. She stressed a major community support would be needed to accomplish the project. Comments were made that the County holds many acres of land in the area. The population of that part of the County would be increasing in the future;and, with the town of Ave Maria and the proposed town of Big Cypress,the need would exist. A five to seven acre parcel would suffice. 3 1612 Al October 16,2012 Amanda suggested the Sub-committee meet at least quarterly. They agreed to meet at DAS on Tuesday, October 23,2012 from 4:00PM to 5:00 PM. VII. New Business: A. Department tagline Amanda Townsend announced the topic was part of the Department's marketing initiative used to promote DAS and its services. She gave a brief history of the various taglines used in the past. Some options were suggested to use in brochures, advertising items and on wraps for the new vans. Her preference would be one that would reflect other services, besides adoptions, DAS provides. The three taglines used to date were: • DAS says"License,""Leash,"and"Love"your pets! —(prior to 2005) • Growing Families One Pet at a Time—(2005 to the present) • Creating a Community of Responsible Pet Owners—(Proposed) • Compliance, Compassion,Community—(Proposed) Dan Martin moved to retain the current logo. There was no second. Marjorie Bloom suggested soliciting the public to submit a tagline on Facebook. Sgt.David Estes noted it was more of a motto than a logo. B. ACO van graphics Amanda Townsend stated the above item A. dovetailed into item B and they could be discussed together. With the purchase of the new vans, it logically followed to utilize them as"rolling billboards"to get the message out promoting Domestic Animal Services. Management had requested the graphics and logo be publicly vetted before moving forward. Dan Christenbury stated the wraps would cost about$1,000 for each van. Dan Martin suggested moving forward,completing one van at a time. Sgt.David Estes asked for soliciting graphic ideas and more logo/motto ideas from the public. Officer friendly logos were his suggestion. Marjorie Bloom moved to put the request for graphic decal wraps and motto/logo suggestions out on Facebook to get public opinions. Second by Dan Martin. Carried unanimously,4-0. C. Assistance Dog Training Exemption(Dan Martin) Dan Martin asked that Assistant Dog Trainers be exempt the same as service dog trainers. Amanda Townsend responded she could revise the fee policy wording to include Assistant Dog Trainers in the exemption. VIII. Public Comment Michele Antonia commented: (1) Graphics on the vans and literature should reflect the ethnic nature of Collier County. (2) She would offer help regarding the Immokalee Shelter committee and Standards of Care meetings. 4 1612 Al October 16,2012 Heidi Liebwein reported she had filed a claim of abuse and asked for an investigation in March. The case was closed in May and the animal died in June. She made the following points: • Making an appointment for home visit investigations gives the abuser time to make everything look alright. • An animal's attitude should be a sign to ACO's of cause for concern. • Education to families that animals are part of the family and are to be treated as such. • Each species had different needs and should be treated differently-ACO should be trained to recognize those differences. (She gave examples.) • If basic care cannot be afforded, multiple animals should not be allowed. • Surprise visits after original visit were needed to assure compliance. • All elementary schools provided with education in animal husbandry. She hoped her concerns would be addressed. Response:Dan Martin suggested she obtain a copy of the Ordinance's Standards of Care; look it over and get in touch with him. He will be sure issues are brought up at their meetings. Colleen MacAlister in reference to the taglines, suggested getting a group of middle school children together,for a contest and having the BCC issue a proclamation or certificate of some kind for the winner. She also spoke about Service Dog trainers that train for several levels of service; and,the concern they may have with the kenneling aspect in the Ordinance. She noted there were multiple certifying agencies for trainers;and,the intent of the Ordinance was not to shut down trainers who breed for training. She added,the Ordinance intent should be to comply,not confuse. Patty Teulet and Lynda Lategano spoke as representatives of all the DAS volunteers,many of whom were present. They presented a list of 21 collective thoughts and suggestions they believed would make life better for the dogs. The items were well thought out and will be reviewed by the DASAB,who thanked the volunteers for their dedication and commitment. Gisela Rowley stated it was good to see the volunteers at the meeting to voice their concerns. She inquired about applicants for an onsite veterinarian. Amanda responded the position had been advertised several times. However, no qualified candidates had applied, to date. IX. Advisory Board Members Comments Dan Martin brought up the issue of the statement,not approved by Sub- committee, regarding the County Court section. He stated the County Attorney inserted the wording after the Sub-committee voted it down, and the change was not approved by the Sub-committee. He asked what version will be presented to the BCC. Amanda Townsend responded staff will submit the Ordinance in the Executive Summary with the Advisory Board's recommendations. 5 1612 Al ., October 16,2012 She said that State Statutes stipulates the County manager makes recommendation to the BCC and she will defer to the County Manager. Sgt.David Estes reminded the DASAB that it only makes recommendations. Dan Martin argued that the recommendation were to the BCC,not the County Manager. Amanda Townsend reiterated her position and stated the BCC will hear both recommendations and opinions. Dan Martin asked about putting family pictures,with their newly adopted dogs, posted on Facebook. Dan Christenbury will put together a flyer for the adoption package. Marjorie Bloom asked about the status of the shade structures. Amanda Townsend responded the project was now in the hands of the contractor. To questions about the Donation Trust Fund,Amanda responded a donation letter will go out for the holidays. The Trust Fund balance will be reported at the next meeting. Amanda and Marjorie thanked the volunteers for bringing issues to DAS attention. She noted the deadline for any Ordinance changes was Friday. It's reviewed by several entities and goes before the BCC on Nov. 13,2012. The next scheduled meeting of the DAS Advisory Board is November 20,2012. There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 8:15 PM. COLLIER COUNTY DOMESTIC ANIMAL SERVICES r Vice Chan,Marjorie B oom These minutes approved by Board/Committee on (1/70(17- as presented / or as amended . 6 1612 Al DASAB October 23, 2012 o ` T,4 rvu 6:00 PM r, Chairwoman: Marcia Breithaupt Vice Chairwoman: Marjorie Bloom BY, "'........... Dan Martin Tom Kepp Also present: Amanda Townsend,DAS Director Ekna Guevara,DAS Administrative Assistant Daniel Christenbury,DAS Public Information Officer ''7� Dana Alger,DAS Animal Control Supervisor Fiala Y Hiller j}� Henning I. Call to Order Coyle .� ecrtetta II. Attendance: Quorum was established 'P4 o�rc Q III. Approval of agenda: Motioned by Marjorie Bloom,2"d by Dan Martin,approved unanimously. IV. Old Business A. Revising Standards of Care: 1. In I.A.4.Dan Martin mentioned that it is not always possible to have"company of the animal's own kind". Marjorie Bloom suggested we cross out"company of the animal's own kind". Kelly Fox proposed we end the sentence after the word"company"and add"human kind".The board consented on adding "and"after the semicolon and end the sentence after"facilities". 2. In I1.A.f. Kelly Fox would like to remove the word"easily"and replace it with"as secure as possible". Michelle Antonia explained that"easily"needs to be kept since she like others live in the woods and predators can easily have access. The board consented to keep the verbiage as is. 3. No comments from the public or the board in reference to item I1.B. 4. In II.C.1. Phyllis voiced her concern regarding the cage sizes.Michelle Antonia discussed the difference between cats and dogs housing sizes. Per Dan Martin this issue has been tabled to the next meeting. As suggested by Amanda Townsend and agreed on by the board"or cat"was removed from this paragraph. 5. Per the board in II.D.1.the word"and"was replaced by the word"or". 6. Per the board in 11.D.2.the last sentence was deleted. 7. As approved by the board and suggested by Amanda in II.E.1.the last sentence of the paragraph needs to be copied and pasted in 11.111.as the last sentence to that paragraph.Also in II.B.The word"crating" should be included with parenthesis at the end of the title.Also approved by the board and suggested by Amanda in 111.1.the following was deleted"or other type of enclosure". 8. As consented by the board and suggested by Amanda in II.F.b."not less than one inch in width"needs to be deleted and replaced by"of appropriate width". 9. In II.G.4. Michelle Antonia suggested we remove the word"removed"but Phyllis suggested we keep the sentence and removed everything after the word"disinfectant". The following board members approved these suggestions:Tom Kepp,Marjorie Bloom,and Marcia Breithaupt with Dan Martin in disagreement. 10. In II.H.3.Kelly Fox suggested we remove"cannot stand on its own".Amanda proposed we include"in accordance to F.S.xxxx"at the end of the sentence,the board consented. MiSC.Correa: Date:`—{ 11'1 Item#: �►�-� .Y->R r 1612 111 11. Michelle Antonia voiced concern regarding the content of II.H.2.Amanda suggested we replace that verbiage with two separate paragraphs each addressing 1.Animal to animal and 2.Animal to human. This was approved by the board. 12. In 11.H.5.Amanda suggested and the board consented on removing"In the case of working dogs"and begin the sentence at"Dogs " 13. As consented by the boar and suggested by Amanda in 11.1.2.we should delete"in individual enclosures" and add"from one another". 14. In 1111.c.Amanda suggested we change"fifty"to"ten"and"week"to"day". The board consented. V. Public Comment A. Michelle Antonia requested an updated copy of the Standards of Care document be sent to everyone for review and preparation of the next meeting. VI. Advisory Board Member Comments A. Tom Kepp requested a copy of the Ordinance which will be presented to the BCC before the BCC meeting held on November 13. B. Amanda explained the process in a step-by-step fashion of how the Ordinance will be presented to the BCC. C. There was consent to hold a meeting once a week every week until the document is proofread therefore the next meeting was set for Tuesday,October 30,2012 at 6:00pm. VII.Adjourn:7:59pm COLLIER COUNTY DOMESTIC ANIMAL SERVICES Chairw an Marcia Breithaupt • 16 I A 1 DASAB October 30, 2012 rte cm 6:00 PM Chairwoman: Marcia Breithaupt Cindy Harrold ��° """"° Dan Martin Tom Kepp Also present: Amanda Townsend,DAS Director Ekna Guevara,DAS Administrative Assistant Fiala Daniel Christenbury,DAS Public Information Officer Hiller ✓, Dana Alger,DAS Animal Control Supervisor Henning !N Coyle v. I. Call to Order:6:13pm -Gelette° II. Attendance: Quorum was established V-4 ,rv-.e., lI/J' Ill. Approval of agenda: Motioned by Dan Martin,2"d by Tom Kepp,approved unanimously. IV. Old Business A. Revising Standards of Care: 1. Consensus was reached to remove the word indoor"from 11.111. 2. After much discussion between members and the public consensus was reached to approve Amanda's suggestions in 11.163.to remove the phrase"or air conditioning"and to replace the word"outdoor"with "ambient". Also to add a sentence at the end of II.K.3 to read as follows:"Methods of providing ventilation include but are not limited to windows,vents,fans,air conditioning and doors." 3. Members agreed that 11.1(4.should be removed. 4. In II.L3.Amanda suggested we replace everything after the word"be"and add the verbiage as induded in II.K.3,consensus reached. 5. The board agreed to include the word"pests"after the word"garbage"in II.M.1 as suggested by Heidi. 6. Members agreed to Amanda's suggestion of removing the phrase"appropriate daily"from II.P.1.and include the following at the end"appropriate for their species,breed,and size". 7. In II.R.1.Amanda suggested we remove"or humane society"consensus was reached. 8. In II.R.2.consensus was reached to approved Amanda's suggestion to delete everything after the word "than"and add"in accordance with F.S.828.058"at the end of the sentence. 9. Members agreed to table the phrase"twenty-four hours"found in II.R.1.d.until the next meeting. 10. Consensus was reached to table the entire section in II.Q.to our next meeting. 11. As suggested by Amanda and agreed by the members,Section III.Standards of Care for Livestock will be table for the next meeting. 12. Members agreed to table section V.Regulations for Animal-Related Businesses and Organizations as well as section VI.A.B.&C.as Amanda will rewrite and present at the next meeting. V. Public Comment VI. Advisory Board Member Comments VII.Adjourn:8:21pm Misc.Cones: COLLIER COUNTY DOMESTIC ANIMAL SERVICES Akla Ailei Date: `'I►\G1�3 Item#: ��"2-�)A • Chairwom Marcia Breithaup Coni?s to: 161 ) ca DASAB November 6, 2012 6:00 PM BY: ................. Chairwoman: Marcia Breithaupt Cindy Harrold Dan Martin Tom Kepp David Estes Hale l/ Also present: Amanda Townsend,DAS Director Hiller Ekna Guevara,DAS Administrative Assistant Henning Daniel Christenbury,DAS Public Information Officer Coyle ,/` Dana Alger,DAS Animal Control Supervisor Celettct I. Call to Order:6:25pm II. Attendance: Quorum was established III. Approval of agenda: Motioned by Cindy Harrold,2 nd by Dan Martin,approved unanimously. IV. Approval of Minutes: A. Ordinance Revision Sub-committee minutes 1. Motion to approve the sub-committee ordinance revision minutes for July 31,2012 made by Cindy Harrold,2nd by Dan Martin,approved unanimously. 2. Motion to approve the sub-committee ordinance revision minutes for August 7,2012 made by Cindy Harrold,2"d by Dan Martin,approved unanimously. 3. Motion to approve the sub-committee ordinance revision minutes for August 14,2012 as amended made by Cindy Harrold,second by Dan Martin. Approved unanimously.The changes indude: a. In I.A.1.the word"record"was misspelled. 4. Motion to approve the sub-committee ordinance revision minutes for August 21,2012 as amended made by Cindy Harrold,second by Dan Martin. Approved unanimously.The changes include: a. In III.D.5 the sentence was rewritten to read as follows"Motion made by Tom Kepp,second by Cindy Harrold to change the word"may"to"shall"in Section 14-36(14). V. Old Business A. Revising Standards of Care: Amanda explained to the members the process in which the ordinance is in. 1. Motion made by Tom Kepp and 2nd by Dan Martin to withdraw their support of the Ordinance until they see the changes proposed by the COA,approved unanimously. VI. Public Comment VII.Advisory Board Member Comments V.Adjourn: Motion to adjourn made by Tom Kepp,2nd by Cindy Harrold,approved unanimously. COLLIER COUNTY DOMESTIC ANIMAL SERVICES Misc. Comes: Chairwom: Marcia Breitha pt Date:L-1\Q i t3 Item#: L62.lq Copies to: i . . 1612 A2 .., pa3Ev -0 4-' . , . .. ., ., . --,. NI Fi.a1a ___ DEC 1 4 2012 r 'Bz H 1 t ?/f%li !;eTlr1n Creativity in Bloom BY: Coyle ✓ Bayshore Beautification MSTU Colette 4069 Bayshore Drive, Naples, FL 34112 BAYSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE MINUTES OF THE OCTOBER 3,2012 MEETING The meeting of the Bayshore Beautification MSTU Advisory Committee was called to order by Chairman Maurice Gutierrez at 5:00p.m. at the MSTU Office 4069 Bayshore Drive. 1. Roll Call: Present: Advisory Committee Members: Maurice Gutierrez (Chairman), Sheila Dugan, Sandra Arafet, Gerry Buck, and Victoria Nicklos. Bob Messmer and Carolyn Cochrane absent. MSTU Staff Present: Sue Trone (MSTU Project Manager), and Jean Jourdan (Interim Director). 2. Adoption of Agenda: Mr. Gutierrez asked for adoption of the agenda. Motion: Arafet. Second: Nicklos. Approved: 5-0. 3. Approval of Minutes: Mr. Gutierrez asked for approval of the minutes from the September 2012 meeting minutes Mr. Buck requested for a revision to a comment about the real estate market noted in the minutes. He had said the prices of real estate were increasing, not decreasing. Ms. Dugan asked to change the notation of the location where a new home is being built; it is not being built on her street but on Bayview. These revisions being noted, motion to approve the minutes: Nicklos. Second: Buck. Approved: 5-0. 4. Projects Report: MSTU Report a. Landscape Maintenance Report. Aaron Gross from Ground Zero briefed the Committee on landscaping issues. Joel Toledo, owner of Green Door Nursery attended the meeting. The redevelopment of his nursery includes landscaping in front of his property at 3700 Bayshore Drive (formerly the Minimax Cuban Market). This landscaping area is actually in the right-of-way and is MSTU landscaping territory. Mr. Toledo wants to add extra landscaping improvements beyond the MSTU's typical installments. The challenge to Mr. Toledo completing his installment of landscape is that there are no sprinkler heads in the landscaping bed and the valve that controls water flow to that area of they isggline is shut off. Aaron has looked for the October 3,2012 Date:ti 1Ct I V3 Item#: 1 tZ 2..1A2.. Copies to: 16 2 A ,? Creativity in Bloom Bayshore Beautification MSTU 4069 Bayshore Drive, Naples, FL 34112 valve but the effort has been unsuccessful so far. Mr. Toledo provided the landscaping plan for approval by the committee. Mr. Toledo asked for the MSTU to install the sprinkler heads and turn on the valve to the irrigation line. Motion: Buck. Second: Nicklos. Approved: 5-0. b. Repair of the Bayshore Drive Sidewalk. MSTU staff is at an impasse with Superior Interlocking Pavers. Purchasing has provided assistance to negotiate the rates and push the repair to completion. Superior is asking $8,000 to complete the job. c. Bayview and Lunar Engineering. Right-of-Way review is in the final stages. RWA is revising the plans accordingly to resubmit for review and permitting. d. South Bayshore Fence Repair. The fence damaged at South Bayshore is being repaired. The fence was custom made—the delay in the repair is due to the time required for materials to be shipped. CRA Report e. 17+Acre Development RFP. Proposals for the 17+ acre site were received by Purchasing. One proposals was received. Purchasing will convene the review committee for review. f. BMUD and GTMUD Overlays. The Collier County Commissioners approved the CRA's zoning overlays on September 24. New LDC requirements should be in effect around the beginning of November. g. Stormwater Drainage Update. The stormwater drainage construction project is about 50% complete. Work is in progress on Linwood Avenue, Francis Avenue and Shadowlawn Drive. Expected completion is December. 5. Old Business a. Request for Payment. Staff recommended approval for payment of services. Motion: Buck. Second: Arafet. Approved: 5-0. b. Hawk System Turn-on. Construction of the Hawk System is complete. Fiscal year policies have prevented the prompt operation of the system: Sept. 30 is the end of the fiscal year. The system was operational around Sept. 17 or so. Purchase orders could not be opened after Sept. 14. Turn-on was originally scheduled for Oct. 3. A second delay was caused by vandalism to the electric meter at Weeks and Bayshore on September 26 when the system was due to be tested. At that time it was discovered that the electric meter had been stolen and no power could be run to the hawk signal at that time. FP & L had to install a new meter. When the new meter is installed the system can be turned on and made operational. October 3, 2012 161 A2 2Pi Creativity in Bloom Bayshore Beautification MSTU 4069 Bayshore Drive, Naples, FL 34112 c. Repairs at Bayshore &Jeepers Drives. In mid-August the irrigation line under the sidewalk at Bayshore and Jeepers Drives on the Southwest corner broke. A first attempt to repair it required a small break in the sidewalk. The sidewalk was then repaired. Immediately after the repair the irrigation line was known to still have the leak. The next day the entire sidewalk was broken and Hannula- the company that originally installed the irrigation lines—came to repair the leak. While Hannula was testing the line, the company's technicians discovered electrical problems with the motor that powers the pumps. Three electricians tested the pump, all agreed the pump had been struck by lightning. Naples Electric Motor Works replaced the motor and installed a surge protector. The line is repaired and the sidewalk has been replaced. Naples Electric Motor Works provided a proposal for semi-annual inspections of the motors and to install surge protectors. The committee came forward with a motion not to pursue inspections but to install surge protection on both motors. Motion: Buck. Second: Arafet. Approved: 5-0 6. New Business a. Christmas on Bayshore. Staff is collecting proposals for Christmas on Bayshore. Decorations have to be installed in early November. Lights will be turned on from November 15-January 15. The committee approved the program for up to $6,000 in case costs had increased but hoped the work could be done for$5,000. Motion: Buck. Second: Nicklos. Approved: 5-0. b. Theft of Doors on Decorative Lights. Doors on decorative light poles around Bayshore Drive have come up missing. A preliminary quote for the door is $60, add shipping and the cost is $100. The sales rep from Lumec, the maker of the lights, is to go to "tamper-proof screws." He cautions that this will not PREVENT theft of the doors, it will just make thieves buy a new alan wrench to take the doors in the future. Southern Signal has offered the same suggestion. At this time staff does not know how many doors have been removed. Recommend approving the unit cost so staff can purchase doors plus 5-10 extra for future use. Motion: Dugan. Second: Nicklos. Approved: 5-0. c. Capital Improvement Plan. October 1, 2012 was the first day of the 2013 fiscal year. The MSTU has a solid line-up of projects for the year, in general. In 2011 the MSTU adopted its Beautification Master Plan. The master plan includes a chapter on project recommendations. Many of these projects have a 20-year time horizon. Such projects require careful planning, especially in an environment of limited resources, such as the Bayshore Beautification MSTU. October 3, 2012 ,., 161242„ , 3 2* Creativity in Bloom Bayshore Beautification MSTU 4069 Bayshore Drive, Naples, FL 34112 Staff distributed the project list from the Master Plan to all members for review. Staff distributed a Capital Improvement Plan, showing revenues and expenses based on the limited knowledge we have at this baseline. Assumptions are rudimentary, but given their rudimentary nature they pad the plan. The recommendation for this item was for all members to take this item over the month for careful consideration, prepare for conversation in the November meeting. Revisions to the CIP can be made in November. 7. Committee Communications. Members of the committee expressed some concern over the welfare of Ms. Cochrane. The group asked Sue Trone, MSTU project manager to send something to Ms. Cochrane on the group's behalf to wish her well. 8. Public Comments: No public present. 9. Adjournment. The meeting adjourned at 6:15 PM. 741 Approved and forwarded by Maurice Gutierrez, MSTU Advisory Committee Chairman. October 3,2012 1612 A3 THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AG NCY COMMUNITY REDEVELOPMENT AGENC 4069 BAYSHORE DRIVE, NAPLES, FL 34112 PHONE 239.643.1115 FAx 239.775.4456 BY: ..... .......... BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE JUNE 26,2012 MEETING The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called to order by Mr. Steve Main at 6:00 p.m. at the CRA Office Meeting Room 4069 Bayshore Drive. 1. Roll Call: Present:Advisory Board Members: Larry Ingram, Steve Main, Karen Beatty, Peter Dvorak, Maurice Gutierrez and Chuck Gunther. Excused: Mike Sherman&Vicki Tracy. CRA Staff Present: David Jackson, Executive Director, Jean Jourdan and Sue Trone, Project Managers. 2. Adoption of Agenda: Mr. Main asked if there were any additions or corrections to the published agenda. Hearing none, he asked for a motion to approve with changes. Motion to approve the agenda: Ms. Beatty. Second: Mr. Dvorak.Approved 6-0. / 3. Adoption of Minutes: Mr. Main asked for a motion to approve the June 5, 2012 meeting Fiala ✓ minutes. Motion: Mr. Dvorak.Second: Ms. Beatty.Approved 6-0. Hiller 4. Executive Director's Report: Henning Coyle a. CRA Business at June 26 CRA Board Meeting . Mr. Jackson updated the Board on Celetts the results of the CRA Board's agenda item concerning the Executive Director's 1-.40.,.1-4c..c termination and separation agreement. The item was unanimously approved without comment. 5. Old Business: a. FY2013 Budget Update. Mr. Jackson passed out the Collier County Budget Office's CRA budget sheet presented to the Board of County Commissioners to review and comment on at the June 28, 2012 Budget Hearings. Mr. Jackson pointed out that the FY2013 Budget contains a 49% reduction in Personnel costs, 76.7% reduction in Operating costs and a 50% reduction in TIF Grants. He also pointed out that there was a 25% increase in fees paid to the County for miscellaneous services like Purchasing, Legal, RISK, Budget,general county manager's staff. 6. New Business: a. CRA Discussion and Recommendation for Interim CRA/MSTU Manager: Mr. Jackson explained that due to his departure the CRA-AB should interview the two CRA/MSTU Project Mangers and make a recommendation to the CRA Board for one of them to serve as the office's Interim CRA/MSTU Manager. Mr. Jackson made a recommendation to the CRA-AB that the selectee continue to perform her CRA/MSTU Project Management duties and accept the increased responsibility for oversight of the office with no increase in pay. Ms. Beatty said she felt the selectee should receive additional compensation for assuming the position. Mr. Jackson proceeded to hand out copies of the documents he'd provided to the CRA-AB in advance of the meeting including: the CRA/MSTU Project Manager's Job Description, each of the Project Manager's 2012 Annual Self Evaluations and an Interim CRA/MSTU Manager job description he composed for the position. Misc. Corres: June 5,2012 CRA-AB Minutes Date: LA lot�,.,� Page 1 Item#: 1 l-Q—Z, 161243 Mr. Main explained the interview process and informed the Board that after the Project E j Manager's presentations and CRA-AB questions,the Board would mark ballots for their preference. Ms. Trone made the first presentation and stated she was qualified for the position and reiterated her accomplishments provided in her self-evaluation and that she had successfully assumed the Bayshore Beautification MSTU duties after the departure of Mr. Buchheit in February 2012. Mr. Main addressed the same questions to Ms. Jourdan. Ms Jourdan stated she had 27 years of experience working within the Collier County Government sector with a solid record of performance and accomplishments. Ms. Jourdan stated, as a result of being the first Project Manager she is familiar with and has performed all the duties related to the CRA, including assisting David Jackson with developing important County relationships to expedite project approvals through the system and guidance of proper policies and procedures. Jean said she had managed the Bayshore Beautification MSTU when it was transferred to the CRA until Mr.Buchheit was hired. The ballots were taken and counted and it was a 3-3 tie between Ms. Jourdan and Sue Trone. The Advisory Board then asked the two selectees to further describe why they were qualified for the position. Ms. Trone informed the CRA-AB that she had held a supervisory position that managed 30 employees and recently she was offered a CRA Executive Director position in another County, but turned it down due to personal reasons. Mr. Main asked if those same personal reasons would keep her from staying in Collier County and Ms. Trone responded that it was a fair question and she didn't know at this time. Ms. Jourdan informed the CRA-AB that she has five generations of family residing in Collier County and she grew up in the Bayshore Community, so she vested interest in the community and will remain in Collier County. Prior to the CRA-AB taking another vote to break the tie, Ms. Trone withdrew herself from consideration. Ms.Jourdan thanked Sue and said due to her being the most senior CRA employee her salary is currently more than Ms. Trone and in light of the current CRA budget constraints she was willing to forego a pay increase at this time. A motion was made to approve Ms. Jourdan as Interim Manager and to authorize the CRA Chariman to write a letter to the CRA Board announcing the CRA-AB's recommendation. Ms. Beatty. Second: Mr. Dvorak.Approved 6-0. The Board members expressed their congratulations to Ms. Jourdan. 7. Advisory Board General Communications. None 8. Citizen Comments. None. Ad'•; _i . 'n adj rned the meeting at 6:54pm. i#30 Approved a ifo arded by Steve Main,CRA-AB Chairman. June 5,2012 CRA-AB Minutes 2 :, 1612 3 THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AGE iY 3 COMMUNITY REDEVELOPMENT AGENCY I 4069 BAYSHORE DRIVE, NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4466 BY: BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE OCTOBER 2,2012 MEETING The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called to order by Mr. Steve Main at 6:00 p.m. at the CRA Office Meeting Room 4069 Bayshore Drive. 1. Roll Call: Present: Advisory Board Members: Larry Ingram, Steve Main, Karen Beatty, Peter Dvorak, Maurice Gutierrez and Mike Sherman. Excused: Vicki Tracy & Chuck Gunther. CRA Staff Present: Jean Jourdan, Interim Director and Sue Trone, Project Manager. 2. Adoption of Agenda: Mr. Main asked if there were any additions or corrections to the published agenda. Hearing none, he asked for a motion to approve with changes. Motion to approve the agenda: Mr. Dvorak.Second: Mr. Gutierrez.Approved 6-0. 3. Adoption of Minutes: Mr. Main asked for a motion to approve the June 26, 2012 meeting i minutes. Motion: Mr. Dvorak: Second: Ms. Beatty.Approved 6-0 1 4. Executive Director's Report: a. CRA Proiect Updates . Ms. Jourdan reported to the CRA-AB there was a project update memo in their packages and she would go through each item on the memo and respond to any questions. b. Sue Trone, Project Manager: Provided the update for Gateway Triangle Stormwater Improvements and on MSTU projects. 5. Old Business: a. Request for Payment of Services. Ms. Jourdan informed the CRA-AB there Fiala '! / were invoices to pay: RWA Consulting (CRA Overlays update in the amounts of Hiller ✓ $1,170.00 (June 2012). Final Invoice for CRA Overlay update in the amount of Henning '' $1,170.00 (August-September 2012); Pizzuti Consulting Final invoice for Coyle ✓ consulting work related to the CRA's 17+ acre rezone for work in the amount of Etta $11.303.06 (June 2012); Collier County's Proportionate Share of Advertisement Nv.v1c.0 Costs for a staff initiated Growth Management Plan Amendment to the County in the amount of $1,710.00 and Naples Daily News advertisement for property lease announcement in the amount of $81.36. Mr. Main asked for a motion to approve payment of CRA invoices. Motion to approve: Ms. Beatty, Second: Mr. Gutierrez. Approved 6-0. 6. New Business: a. Advertise Residential Lots for Sale: Ms. Jourdan informed the CRA-AB of two new houses under construction within the CRA area one is being constructed on Van Buren Drive where the CRA owns 5 lots. Ms. Jourdan recommended the Board consider limiting the solicitation to sell residential lots to the five lots on Van Buren Avenue. Ms. Beatty asked staff to explain the process that would be used to advertise and convey the lots. Ms. Jourdan stated the lots would be October 2 2012 CRA-AB Minutes Misc. Corres: Page 1 Date: `-t 1 ck 113 Item#:\Lc s. - 'b C:"ies to: 1612 A3 advertised for sell via numerous outlets, such as, the Naples Daily News, e-mail, web-sites, the County Purchasing Department, etc. A minimum bid would be required in the amount of the appraised value and sealed bids would be accepted; the conveyance would include deed restrictions to limit the type of construction and mobile homes would not be permitted; the CRA-AB Board would review all bids and make recommendations to the CRA Board to approve or reject; the awarded bidder/bidders would be required to enter into a contract with the CRA and all terms and conditions would be subject to approval by the Collier County Community Redevelopment Agency. Motion to approve Ms. Beatty. Second Mr. Main. Approved 6-0 b. APA Planning Wokshop: Ms. Jourdan provided a synopsis of the American Planning Workshop hosted by CRA-AB staff on Saturday, June 15th stating the workshop resulted in a hands-on vision and design session. After brainstorming a group of 20 professional planners concluded, that in their professional opinion, the current vision for a large scale mixed-use development was not feasible development plan for that location. Ms. Jourdan presented the renderings and concepts to the CRA-AB for their review and consideration. c. Gateway Triangle Sign Replacement: Ms. Jourdan informed the CRA-AB that during the last storm wooden posts erecting the sign on the CRA's Davis Boulevard property was destroyed and staff requested a quote from SignCraft to replace the wood posts and reinstall the sign for $400.00. Ms. Jourdan asked the Board to consider removing or replacing the sign. The CRA-AB directed staff to post a new sign on the property not to exceed $400. A motion for was made by Peter Dvorak, Second by Steve Main. Approved 6-0 d. CRA Property Maintenance. Ms. Jourdan recommended a motion to approve repairs and maintenance to CRA owned properties utilizing the lowest quotes process. Motion to approve: Peter Dvorak, Second Steve Main Approved 6-0. e. FY2013 Budget: Ms. Jourdan passed out copies of the budget provided in the board packets for review and discussion. She clarified that $40,000 of the $128,000 budgeted for grants is encumbered to fund grants approved and not paid out in FY12. f. Shadowlawn Cleanup: Ms. Jourdan informed the Board that on October 6th that Code Enforcement, Solid Waste and the Collier County Sheriff's Office were seeking volunteers in the Shadowlawn area to encourage their neighbors to clean-up their property. g. Sinkholes 1965 Tamiami Trail: The Board was provided pictures of sinkholes that opened up on CRA owned property and provided a copy of a quote from Better Roads in the amount of$47,975.00. Ms. Jourdan informed the Board that thanks to the cooperation of the County's Road and Bridge Department that County staff and resources to fill the holes were provided to the CRA at no cost. She also advised the Advisory Board that CRA staff is making an effort to establish a better working relationship with County staff. h. Identity and branding: Mr. Sherman requested the Board hear his agenda item (VI.h) on Identity and Branding, so he could catch a scheduled flight. The Board members agreed. Mr. Sherman expressed the need for the CRA and MSTU to co-brand for uniformity. He gave an example of the MSTU use of the term "Creativity in Bloom" and explained that all future branding labels for the area should be cohesive and approved by the AB-Board to reflect one name or identity for the area. Mr. Sherman reminded the AB-Board of the marketing committee's work to obtain a consensus for branding the area with the name `Naples Bay Village". The CRA-AB agreed that establishing an identity should June 5, 2012 CRA-AB Minutes 2 1612 43 be cohesive, but that the word Bayshore should be incorporated for familiarity. Mr. Sherman requested the Board members think about using the new name for future reference and revisit the item and to set up meetings with the area local businesses. • 7. Advisory Board General Communications. None • 8. Citizen Comments. None. 9. Ado 'ent: r. .1 adjou ed the meeting at 7:28 pm. de. Apprc ed and forw'rded by Steve Main, CRA-AB Chairman. • June 5,2012 CRA-AB Minutes 3 1 161 2A .2,_ ft 1 g THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AGE�CY COMMUNITY REDEVELOPMENT AGENCY 4069 BAVSHORE DRIVE, NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 BAYSHOREIGATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE NOVEMBER 6,2012 MEETING The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called to order by Mr. Steve Main at 6:00 p.m. at the CRA Office Meeting Room 4069 Bayshore Drive. 1. Roll Call: Present: Advisory Board Members: Larry Ingram, Steve Main, Peter Dvorak, Maurice Gutierrez and Mike Sherman. Excused: Karen Beatty, Vicki Tracy & Chuck Gunther. CRA Staff Present: Jean Jourdan, Interim Director and Sue Trone, Project Manager. 2. Adoption of Agenda: Mr. Main asked if there were any additions or corrections to the published agenda. Hearing none, he asked for a motion to approve with changes. Motion to approve the agenda: Mr. Dvorak.Second: Mr. Gutierrez.Approved 5-0. Fiala / 3. Adoption of Minutes: Mr. Main asked for a motion to approve the October 2, 2012 Hiller — — _—meeting minutes. Mr. Sherman requested a change to the minutes adding his request Henning for the Board members to think about using "Naples Bay Village" when referencing the Coyle f Bayshore area, to revisit the item again and to set up meetings with local businesses. C:efee- Mr. Main asked for a motion to approve with changes: Motion to approve: Mr. Gutierrez. Second: Mr. Sherman. Approved 5-0. 4. Executive Director's Report: a. CRA Project Updates . Ms. Jourdan reported to the CRA-AB there was a project update memo in their packages and she would go through each item on the memo and respond to any questions. b. Sue Trone, Project Manager: Provided the update for Gateway Triangle Stormwater Improvements and on MSTU projects. 5. Old Business: a. Request for Payment of Services. Ms. Jourdan informed the CRA-AB there was one invoice: in the amount of $262.00 for removal and disposal of 71 (5) five gallon buckets of old paint (hazardous waste) acquired by Mr. Jackson. Motion to approve: Mr. Ingram. Second: Mr. Gutierrez.Approved 5-0. 6. New Business: a. Gateway Triangle Property- Dan 0' Berski: Ms. Jourdan informed the CRA-AB that Mr. O'Berksi wanted to discuss whether the CRA would be interested in selling 0.50 acres of property for development of a Wawa convenience store. Mr. O'Berski gave a detailed presentation of how the store would function and showed pictures of other stores. He went on to say he is seeking to purchase the old Burger King property, but in order to meet the parking requirements they needed an additional .50 acres of property adjacent to the site owned by the CRA (Auto-Pride). The CRA-AB discussed their intent to sell the site either through a realtor or RFP in the near fytgle; d recommended they keep in October 2 2012 CRA-AB Minutes Page 1 '- 3 Item#: I(--4Z.2.14i 3 Copies to: joia A43 investigate the installation of lights in Mr. Rigsby's neighborhood. Second by Maurice Gutierrez. • A d'o / ■ o adjo ned the meeting at 7:45 pm. Approved and forwarded by Steve Main, CRA-AB Chairman. June 5,2012 CRA-AB Minutes 3 161244 MINUTES OF THE BLACK AFFAIRS ADVISORY BOARD MEETING October 22, 2012 ramunEl Collier County Board of County Commissioners BCC Board Room BY:.a<ar.ws.....ws.s+sass 3299 Tamiami Trail East, 3`d Floor,Naples, FL 34112 Members Present: LaVerne Franklin Vaughn Young Jennifer Williams Debra Johnson Hubbard Members Absent: Alvan St. Aubyn Coke, Sr. Fiala Frank Cummings—Excused Her Akita Cannon-Excused Henning Robert Williams Coyle y. Staff Present: Rhonda Cummings, Staff Liaison Public Ancelot Similien Tra'V aughn Young Moliere Gemel Octavius Amon I. Call to Order/Roll Call. Jennifer Williams called the meeting to order at approximately 6:19 p.m. A quorum was present. II. Open to the Public for Items Not on the Agenda Ancelot Similien—Public speaker,talked about the Hatitian Development Center for Education. III. Board Action Items Approval of Agenda and Approval of last meeting minutes. Misc.Cones. Date: `-a 1c►1 3 IV. Approval of Agenda Item#:X l aT.'2..ve4 Vaughn Young: I move to approve the agenda. DJ Johnson: I second the motion. Copies to: Motion carries unanimously V. Approval of June 25,2012 Meeting Minutes Vaughn Young: I make a motion to approve the May meeting minutes. June 25, 2012 BARB Meetin g 2A4 Minutes Page 2 of 3 DJ Johnson: I second the motion. Motion carries unanimously VI. Old Business 1. Discussed tutorial programs and National Night Out. The Black Affairs Advisory Board was at four locations passing out information regarding the Black Affairs Advisory Board (brochures). 2. They expressed a need for more brochures. Rhonda Cummings, staff liaison, will look into getting more and send to the group for approval. 3. A conversation ensued regarding the survey. Mr. Alvan was working on the survey. The group has not heard from him since he drafted it. DJ Johnson shortened the survey. DJ Johnson will upload the survey to Survey Monkey. She made a suggestion to put a link to survey. She will send the survey to Rhonda Cummings and Rhonda will send to the group. 4. Rhonda will contact Steve Carrell or Michelle Arnold about the sidewalk and bike path plan in Golden Gate City. The information that was provided in June did not provide a schedule for installation. VII. New Business Nomination of Chair LaVerne Franklin: I make a motion to nominate Akita Cannon as the Chair for the Black Affairs Advisory Board. Vaughn Young: I second the motion. Motion carries unanimously Nomination of Vice Chair D J Johnson: I make a motion to nominate Vaughn Young as the Vice Chair for the Black Affairs Advisory Board. LaVerne Franklin: I second the motion. Motion carries unanimously LaVerne Franklin encouraged member to express to everyone the need to vote in the upcoming election and to vote early. She asked that they encourage people to understand the amendments. Rhonda Cummings disseminated information on Government in the Sunshine; a Powerpoint developed by the Office of the County Attorney; the 2010 Florida Commission on Ethics; and the Florida Statute regarding Public meetings and records;public inspection; criminal and civil penalties. Appointment of New Member Voted unanimously to not accept the appointment of Craig LaMont Smith VII. Reports and Presentations/Local Agency Report 2 16121441 A4 June 25, 2012 BAAB Meeting Minutes Page 3 of 3 A. Collier County Sheriff's Office Update There was no report. VIII. Upcoming Meetings November and December—Winter break IX. Adjourn Vaughn Young entertained a motion to adjourn. Vaughn Young: I move to adjourn. LaVerne Franklin: I second the motion. MOTION CARRIED UANIMOUSLY. Having no further business, the meeting was adjourned at approximately 7:24 p.m. Respectfully Submitted Approved by: if tj y, / // •3.'� L ir4�•''" L. 1. ! rtft it/i" �V 1 ,s�,Y L'(.)1e.4. t t eL f I'r A,Z„ ' i. Rhonda Cummings,Staff Liaison` Vice-Chairperson or Designee ' ' 3 161244 MINUTES OF THE BLACK AFFAIRS ADVISORY BOARD MEETING September 24, 2012 Collier County Board of County Commissioners BCC Board Room 3299 Tamiami Trail East, 3rd Floor,Naples, FL 34112 Members Present: Lisa"Akita" Cannon, Vice-Chairwoman LaVerne Franklin Vaughn Young Members Absent: Alvan St. Aubyn Coke, Sr. Jennifer Williams—Excused Debra J. Johnson—Excused Frank Cummings—Excused Robert Williams Staff Present: Rhonda Cummings, Staff Liaison Public Rene Gonzales, Collier County Sheriffs Office Rose Young,Mother Perry Foundation,Public Relations I. Call to Order/Roll Call Vice Chairwoman Cannon called the meeting to order at approximately 6:13 p.m. A quorum was not present. II. Board Action Items No action was taken due to lack of a quorum. III. Approval of Agenda No action was taken due to lack of a quorum. IV. Approval of September 24,2012 Meeting Minutes No action was taken due to lack of a quorum. V. Old Business t. 6 I 2 A4 June 25, 2012 BAAB Meeting Minutes Page 2 of 2 1. Vice Chairwoman Akita Cannon and Mrs. LaVerne Franklin talked about revisiting the discussing the Sunshine laws. Staff Liaison, Rhonda Cummings said that she would have the materials available at the next meeting. 2. Mrs. LaVerne Franklin wants to have a discussion on the mission of the Black Affairs Advisory Board. 3. Mrs. LaVerne Franklin talked about the Amendments on the ballot for the upcoming election. She said that people need to educate themselves and become familiar with all of the issues. She said that there would be a forum to educate the public on 10/16/2012 at5;30 pm. She mentioned that October 9, 2012 was the last date to register to vote. She also said that she would email the information on where the forum would take place (and she did)to Staff Liaison Rhonda Cummings to send out to the members of BAAB. 4. Vice Chairwoman Akita Cannon asked about the status of the website naming scheme. Staff Liaison,Rhonda Cummings reported that Ian Mitchell said that it would not be a problem. Staff Liaison, Rhonda Cummings said that she would follow-up with Mr. Mitchell to see where he was on fulfilling the request. VI. Open to the Public for Items Not on the Agenda Rose Young spoke about the grab box for the Mother Perry Foundation being a success. VIII. New Business No new business IX. Reports and Presentations/Local Agency Report. A. Rene Gonzalez said that there would be a meeting from 10:00 to 11:00 am on October 8, 2012 at the PDC Center regarding duties of the hostage negotiation unit of the Sheriff's Department. He also said that there will be a meeting, in the Board of County Commissioners Chambers, December 13, 2012, to talk about Identity Theft and the same meeting will occur in Immokalee. X. Upcoming Meetings November and December—Winter break VII. Adjourn Vice-Chairwoman Cannon entertained a motion to adjourn. Mrs. LaVerne Franklin: I move to adjourn. Mr. Vaughn Young: I second the motion. MOTION CARRIED UANIMOUSLY. Having no further business,the meeting was adjourned at approximately 6:38 p.m. Respectfully Sujainitted,,,- Apprgved by: '7- ill . . : 2,4". Ai - 'Rhotida Cummings, Staff Liaison i '�i -Chairperson or Designee 2' 4 1612 ' A4 MINUTES OF THE BLACK AFFAIRS ADVISORY BOARD MEETING June 25, 2012 Golden Gate Community Center 4771 Golden Gate Parkway Naples, FL 34116 Members Present: Lisa"Akita" Cannon,Vice-Chairwoman Frank Cummings Vaughn Young Jennifer Williams Debra Johnson Hubbard Members Absent: Alvan St. Aubyn Coke, Sr. LaVerne Franklin—Excused Robert Williams Staff Present: Rhonda Cummings, Staff Liaison Public Rose Young,MPYEP Community Efforts Marcia Williams,private citizen Rene Gonzales, Collier County Sheriffs Office I. Call to Order/Roll Call Vice Chairwoman Cannon called the meeting to order at approximately 6:25 p.m. A quorum was present. II. Open to the Public for Items Not on the Agenda Rose Young — Public speaker, talked about there being a search that was conducted on Saturday (6/22/12) and Sunday (6/23/12) for missing persons (Terrence Williams, who is the son of Marcia Williams) and Felipe Santa. Rose requested help from the BAAB to assist in future search efforts by asking the BAAB to collect non-perishables such as water and snacks for the search team. Marcia Williams — Public speaker also spoke about the search efforts and her request to assist the Sheriff s department Southwest Florida K-9 team. She told the group that Walmart and Publix needs advance notice to provide water. Her advocate is Monica Caison and she will accept donations through the website www.ncmissingpersons.org. Her direct email address cuecenter @aol.com and her telephone number is 910-232-1687. Akita Cannon suggested that BAAB make a list of resources and email addresses. She suggested that BAAB draft a MOU (Memorandum of Understanding)to the resources. X612 A 4 June 25, 2012 BAAB Meeting Minutes Page 2 of 3 III. Board Action Items Approval of Agenda and Approval of last meeting minutes. IV. Approval of Agenda Vice-Chairwoman Cannon entertained a motion to approve the agenda. Vaughn Young: I move to approve the agenda. Frank Cummings: I second the motion. Motion carries unanimously V. Approval of May 21,2012 Meeting Minutes Vaughn Young: I make a motion to approve the May meeting minutes. Jennifer Williams: I second the motion. Motion carries unanimously VI. Old Business 1. Vice Chairwoman Cannon talked about the survey that the group compiled and Debra Johnson Hubbard put together. There was a lengthy discussion regarding the questions on the survey. 2. Rhonda Cummings, staff liaison, passed out information on the Golden Gate sidewalk and bike paths plan. VII. New Business A request was made to update the website and to add the survey to the website, if it was possible to do so. The group requested that the link be made simpler. Conversations ensued regarding a Back to School event. The consensus was that BAAB would organize to do something at the National Night Out. Vaughn Young suggested that BAAB approach vendors to assist in that area. Vaughn Young talked about the Mother Perry Youth Empowerment Project's Grab Box which is comprised of survival kits for youth going away to school and other endeavors after graduation. VII. Reports and Presentations/Local Agency Report A. Collier County Sheriff's Office Update There was no report. VIII. Upcoming Meetings 2 June 25, 2012 BAAB Meeting Minutes 16 12 Page 3 of 3 September 17th October 22nd November and December—Winter break IX. Adjourn Vice-Chairwoman Cannon entertained a motion to adjourn. Mr. Cummings: I move to adjourn. Mr.Young: I second the motion. MOTION CARRIED UANIMOUSLY. Having no further business,the meeting was adjourned at approximately 7:30 p.m. Resp,�ectfully Subbnitte Apprpved by / f lhatA A//1l II L C. Rhonda Cummings, Staff Liaise ..- ` Vice-Chairperson or Designee • 3 ioi2A5 January 18, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE WIGGINS PASS SUBCOMMITTEE EMIERWIET1 Naples, Florida, January 18, 2012 DEC 1 3 2012 Si BY: LET IT BE REMEMBERED that the Coastal Advisory Committee— Wiggins Pass Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. at the Human Resources Training Room located at 3301 Tamiami Trail E, Naples, Florida, with the following members present: Chairman: Joseph A. Moreland Robert Raymond (Excused) Victor Rios Fiala Div Hiller ✓ Henning "1.�-k- Coyle ✓ ectetta ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Gail Hambright, Tourist Tax Accountant Steve Keehn, Coastal Planning and Engineering Misc.Cones: Date: t I S Item#:�. _ --`S Copies to: 5 6 nuary 18, 2012 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Communications and Customer Relations Department. I. Call to Order Chairman Moreland called the meeting to order at 9:12 A.M. II. Pledge of Allegiance Pledge of Allegiance was not recited. (American Flag not present) III. Roll Call -A quorum was established. IV. Changes and Approval of Agenda Victor Rios moved to approve the Agenda as submitted. Second by Joseph Moreland. Motion carried 2-0. V. Public Comments Speaker Nicole Johnson, Conservancy asked if the Draft Inlet Management Plan was on the website. Staff responded the Draft Inlet Management Plan was not complete and not on the website. It was noted the Engineering Report is currently on the website and the PowerPoint presentation scheduled for today will be made available on the website. VI. Approval of Minutes Victor Rios moved to approve the December 19, 2011 Minutes as submitted. Second by Joseph Moreland. Motion carried 2-0. VII. Staff Reports None. VIII. New Business 1. Response to FDEP RAI No. 1 Steve Keehn, CPE provided a letter addressed to Lainie Edwards, PH.D., FDEP Environmental Manager dated January 15, 2012 regarding"Request for Additional Information (RA#1) on Wiggins Pass Maintenance Dredging&Navigation Improvement Project. (See Attached) He did a PowerPoint presentation and summarized the RAI Comments and CC Responses. An Incident Reporting Program has been implemented. Several discussions were made regarding the placement of sand, rebuilding of ebb shoal, building an ebb shoal model, timing, past dredging problems, scarp repair, detached break water and off shore disposal of dredge material. 2 R 161 LrY anuar 18, 2012 Concern was expressed on the use of sheet piling temporary on the exterior during the construction to help form the ebb shoal. Sheet piling will be removed in 6 months. Work on the Project will be done out of sea turtle nesting season. 2. Response to USACE Comments to JCP Application 011512 Steve Keehn stated the USACE 10 questions have been addressed in requested DEP Responses. The USACE requires comments in their own format. Gary McAlpin reviewed the following critical issues to be addressed: ➢ Barefoot Beach Re-nourishment- Inlet Management Plan ➢ Model the ebb tide shoal ➢ Temporary sheet piling to stabilize the ebb shoal during construction (6-9 mos.) ➢ "Letter of No Objection" from State Park ➢ Waiver on the near land sand disposal ➢ County EIS process (move forward immediately) ➢ Approval of Inlet Management Study by BCC ➢ Timing of project not during non-turtle nesting season ➢ Navigation Standard as opposed to Beach Standard ➢ Turbidity standards of NTUs (more discussion) ➢ Shorebird monitoring(put program in place) ➢ Problematic Biological Opinion By Corps ➢ Review Park issue letter ➢ No mitigation (near shore hard bottom and monitoring) ➢ Check and publish notice to local paper ➢ Review time line for the cubic yards Discussion was made on submitting RAI responses, subsequent RAIs and response times, time for Staff to complete model and permit process. The approved 10 year budget includes: o Straighten Pass $1.7 mil (2012) o Beach Re-nourishment $20 mil (2013-2014) o Engineering Funds for this study Victor Rios moved to direct Staff to move forward with the submittal to the DEP and the Corp and address their comments. Second by Joseph Moreland. Some Conservancy of SW Florida controversial items were identified as; Environmental,NTUs and the EIS. Nicole Johnson will have time to review documentation and identify any issues prior to the next meeting. Motion carried 2-0. 3 1612 2 January 18, 2012 IX. Old Business None. X. Announcements Wiggins Pass Subcommittee Scheduled Meetings Staff suggested waiting for the return on Comments from the Agency and addressing issues with the Conservancy of SW Florida. The Subcommittee Advisory Board will meet in March. XI. Committee Member Discussion None. XII. Next Meeting Date/Location—Addressed X. Victor Rios moved to adjourn. Second by Joseph Moreland. Motion carried 2-0. There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 11:43 a.m. Collier County Coastal Advisory Committee— Wiggins Pass Subcommittee f d i s ph .Mor and, Chairman These Minutes were approved by the Board/Committee on 3 -t t-I a- as presented , or as amended 4 .� 115 16 I �.' March 2 a c 19, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE WIGGINS PASS SUBCOMMITTEE 1p(Mg B 3 Naples, Florida, March 19, 2012 DEC 1 3 2012 v BY: ...... ........ LET IT BE REMEMBERED that the Coastal Advisory Committee— Wiggins Pass Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. at the Risk Management Training Room located at 3311 Tamiami Trail E, Naples, Florida, with the following members present: Fiats Chairman: Joseph A. Moreland Hiller p Henning Robert Raymond Coyle / Victor Rios Colette ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Gail Hambright, Tourist Tax Accountant Steve Keehn, Coastal Planning and Engineering Misc.Corres: Date: "419 1 13 Item*: U7-% 5 Copies to: 1612 45 March 19, 2012 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Communications and Customer Relations Department. I. Call to Order Mr. Moreland called the meeting to order at 9:10 A.M. II. Pledge of Allegiance Pledge of Allegiance was recited. III. Roll Call-A quorum was established. IV. Changes and Approval of Agenda Victor Rios moved to approve the Agenda. Second by Joseph Moreland. Motion carried, 2-0. V. Public Comments None. VI. Approval of Minutes Victor Rios moved to approve the January 18, 2012 Minutes as submitted. Second by Joseph Moreland. Motion carried, 2-0. VII. Staff Reports None. Robert Raymond arrived at 10:15 a.m. VIII. New Business 1. FDEP RAI No. 2 Steve Keehn, CPE reported the receipt of a letter from the Florida Department of Environmental Protection with comments on Partial Response to RAI#1 dated March 2, 2012. (See attached) He reviewed the Topics: ➢ FDEP Comments—Largely accepted pending ➢ Collier County Comments ➢ Corps Status—Still processing Public Notice ➢ Park Service Use Permit an "No Objection"—Meeting March 28, 2012 ➢ Finalize Response—Wait until plan appears approved He reviewed the Project: ➢ Initial construction outside sea turtle season ➢ Major maintenance dredge ➢ Intermediate ebb channel dredging ➢ Create monitoring plans ➢ Nourish Barefoot Beach and ebb shoal when feasible 2 5 . 612 March 19, 2012 2. Consistency Letter Requirements The following documentation was distributed and discussed: - A copy of the Statement of Consistency with the Growth Management Plan Wiggins Pass Maintenance Dredging and Navigation Improvement Project (ST- PL20120000168. - Letter dated February 16, 2012 from CC Public Services Division Coastal Zone Management to the Department of Environmental Protection and the Director to Florida Park Services. - Emails on County Comments— Wiggins Pass Maintenance Dredging and Navigation Improvement Project. 3. Schedule of Responses and Permit Timing Steve Keehn reviewed the Summary of FDEP Partial Response to RAI#1. (See attachments) Gary McAlpin reviewed the next steps and approval and permit process and noted approximate time frames for the process going forward. ➢ DEP will not issue permit until concerns are addressed ➢ To EAC and CCPC ➢ Approximately 4 months until plans are signed off ➢ Letter of Consistency to DEP ➢ 5-6 months to get permit ➢ Assuming project is permitted; bid process will take approximately 2-3 months ➢ Contract in January 2013 assuming CAC receives $1.7 million needed for the project. 4. State Park Meeting on March 28,2012—Addressed in VIII. 1. IX. Old Business—None. X. Announcements TDC funds have been received. XL Committee Member Discussion —None. XII. Next Meeting Date/Location Monday, April 16, 2012 in the Risk Management Training Room, 3311 Tamiami Trail East at 9:00 a.m. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:30 a.m. 3 i 5 ,. IL1aA arc h 19, 2012 Collier County Coastal Advisory Committee— Wiggins Pass Subcommittee s Joseph A. Moreland, hairma These Minutes were approved by the Board/Committee on ( 2"3 1 'D--- , as presented > , or as amended . 4 • 1612 45 May 22, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE — WIGGINS PASS SUBCOMMITTEE p 3013TIVIE7 2012 Naples, Florida, May 22 2012 'BY. ...,.................... LET IT BE REMEMBERED, the Collier County Coastal Advisory - Wiggins Pass Subcommittee in and for the County of Collier, having conducted business Herein, met on this date at 2:30 P.M. in REGULAR SESSION at Human Resource Training Office, Building `B", Collier County Government Complex Naples, Florida with the following members present: Fiala 7 Hr Henning Coyle r CHAIRMAN: Joseph A. Moreland Robert Raymond Victor Rios (Excused) ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Gail Hambright, Accountant Misc.Cares: Date: HI`a)I3 Item#: 1 LoT2145 1 Copies to: • 1612 A5 May 22, 2012 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Communications and Customer Relations Department. Introduction Gary McAlpin called the meeting to order at 2:45 p.m. and notified the attendees that this is an informational meeting for the purposes of providing update on the Wiggins Pass dredging/channel re-alignment project. Steven Keehn/Tom Campbell Coastal Planning and Engineering;Nicole Johnson, Conservancy of Southwest Florida; Bob Krasowski and Tom Crowe were also present. Steven Keehn and Gary McAlpin reported: Florida Department of Environmental Protection and Florida Division of Recreation and Parks items • The Florida Division of Recreation and Parks reported they no longer have environmental concerns on the project. Their main focus now being, where will the sand excavated during the dredging(4 year cycle dredge)be placed? • Staff notified them the general concept is to place 2/3 of the sand to the north and the remaining 1/3 to the south. A determination will be made at the time of the dredging on the most advantageous areas for the placement of the sand. • A set of criteria will be developed to assist in determining the exact placement of the dredged sand. • The FDEP will have the ultimate authority in determining where the sand is placed. • The Barefoot Beach Management Plan will be reviewed by Cat Ingram of the FDEP to determine if it needs to be altered to allow for the direct placement of sand on Barefoot Beach. • The consultant's response to the FDEP's Request for Additional Information (RAI) is under review by Collier County Staff. Collier County Permitting • The process to obtain the required County permits and the "letter of consistency" is underway with a the following meetings scheduled: • Environmental Advisory Committee—July 3, 2012 • Collier County Planning Commission—August 16, 2012 • Board of County Commissioners (BCC)—September 2012 • The "letter of consistency"will not be issued until the BCC approves the "Special Treatment Overlay Area" application. • The "letter of consistency" is required before the FDEP will issue their permit and the US Army Corps of Engineers permit will not be issued until the FDEP permit is issued. 2 1612 AS May 22, 2012 Stakeholder issues Mr. Moreland questioned the Stakeholders present if they have any concerns on the proposal which may delay the project? The Stakeholders in attendance did not identify any concerns on the proposal in relation to the parties they represent. Funding Gary McAlpin reported on funding issues noting the item is a"stand alone item"not related to the major beach renourishment project. The estimated cost to complete the current proposed project is $1.7M. Following the receipt of permits,the project will be "put out to bid " Upon receipt of the bids, a final determination will be made on funding the project. Engineering Steven Keehn provided the "Wiggins Pass Collier County Florida Numerical Modeling of Morphology Changes of the Refined Dredging Design, May 2012"for the record. He provided an overview of the report noting the concept of the permit application is to maintain a degree of design flexibility in the project over the life span of any permit issued. Staff will post copies of the above referenced document and the RAI"on line"for public view. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 4:00 P.M. Collier County Coastal Advisory Committee— Wiggins Pass Subcommittee l idt ph . oreland, Chai -an r 1 These minutes approved by the Board/Committee on I -3 J as presented X or as amended 3 16 1 2 I15 October 8, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE WIGGINS PASS SUBCOMMITTEE p 303 3 i VI Naples, Florida, October 8, 2012 �" 20 Z BY:....................... LET IT BE REMEMBERED that the Coastal Advisory Committee— Wiggins Pass Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 10:00 A.M. at Growth Management, Conference Rooms 609- 610, 2800 Horseshoe Drive,Naples, Florida, with the following members present: Fiala Hiller r Henning 1" Chairman: Joseph A. Moreland Coyle of -O _ Robert Raymond Victor Rios (Excused) ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Misc.Corres: Date: `—I l°t 13 Item#: t )9 Copies to: 1 1612 1 2 A 5 October 8, 2012 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Communications and Customer Relations Department. The meeting was called to order at 10:00 AM by Chairman Moreland. The Pledge of Allegiance was recited. Roll call was taken and a quorum was established. Mr. Moreland welcomed the public. He noted the purpose of this meeting is to review the entire conclusion of the 5-year project to develop a new methodology for the dredging of Wiggins Pass,which will facilitate the stability of that pass, increase boating safety over the long term and give full faith and credit to the environmental considerations, preserving and enhancing the environmental aspects of that. He stated the project is scheduled to be reviewed by the Board of County Commissioners (BCC) on October 9, 2012 agenda. The issue before the BCC will be to certify the Project as conducted,the conclusions it has reached and the applications it has submitted to the State will comply with all of the environmental considerations required by Collier County. He urged the public attending to ask questions during the briefing. Staff noted minutes for the previous Wiggins Pass Subcommittee have been completed,were out for review and not available for approval at this time. Mr. Raymond moved to approve the October 8, 2012 Agenda as presented. Second by Mr. Moreland. Motion carried unanimously, 2-0 Gary McAlpin distributed and reviewed The 2010 dredged dimension versus the preliminary and final plan cross section at Station 1+00, The Wiggins Pass Tidal Prism in the Four Channels, the submission packet provided to the BCC be heard at the October 9, 2012 meeting with an Executive Summary recommendation to approve a resolution finding petition Number ST-PL2012168 for a special treatment development permit to dredge and fill on state-owned property in the vicinity of Wiggins Pass consistent with the Agricultural and Conservation Special Treatment Overlays (A-ST and CON-ST) and issue the permit. The project is located in Sections 17, 18, and 20, Township 48 South, Range 25 East, Collier County, Florida. He reported the Environmental Advisory Committee (EAC) voted to approve the project, 4-1 and the Collier County Planning Commission (CCPC)voted to approve the project, 7-0. 1. What is being considered at the BCC meeting tomorrow? a. Item #11C— Special Treatment(ST) Overlay Permit approval. b. Previous approvals by EAC and the CCPC c. Land Development Code (LDC)—ST Overlay Commitments 2. Outstanding Issues and Concerns a. Florida Department of Environmental Protection (FDEP)Permit i. FDEP has deemed the Permit application complete—Ready to issue permit ii. ST Overlay permit required for County to write The Letter of Consistency 2 • 1612 October 8, 2012 iii. Letter of Consistency is required prior to the FDEP permit issuance. iv. Language on sand distribution with the State Park b. U.S. Army Corps of Engineers (USACE) i. Biological Opinion (BO) for Piping Plover—Florida Wildlife Commission (FWC)—Critical Path ii. Biological Opinion for Sea Turtles—National Marine Fisheries Services (NMFS)has recommended a dredge cycle during daylight hours—resolution required iii. Army Permit drafted after FDEP permit and all BOs are resolved c. Peer Review i. Notified that a peer review of design is required by County Management ii. Olsen Associates from JAX to conduct iii. 8 weeks required with target completion date of December 15, 2012 iv. Modifications to design may be required but not anticipated d. Technical Items of Concern i. Hydraulic prism and pressure of straightened channel ii. Dredge cut of channel iii. Time Value analysis of money iv. Independent dredging 3. Probable Schedule a. All work must be completed by the beginning of the sea turtle nesting season on May 1, 2013 b. NMFS 12 hour dredge requirement is a project killer. c. NMFS BO for sea turtles resolution by November 15, 2012 d. FWS BO for Piping Plovers by December 15, 2012 e. Peer review by December 15, 2012 f. Letter of Consistency by Collier County by November 1, 2012 g. FDEP permit by December 1, 2012 h. USACE permit by January 15, 2013 i. Bid package and bidding complete by February 1, 2013 j. Presentation to BCC by February 12, 2013 k. Mobilization and begin dredging by March 1, 2013 1. Substantial completion by May 1, 2013 m. Cleanup and demobilization by May 15, 2013 Public Speakers Doug Finlay John Kindsvater Arthur Langel Gina Downs All questions were addressed by Staff. 3 . 16 1 2 45 ./ October 8, 2012 It was noted Wiggins Pass would remain open during the dredging of the pass. Mr. Moreland moved the Wiggins Pass Advisory Subcommittee recommends to the BCC and Coastal Advisory Committee that Petition Number ST-PL2012-168 be recommended for approval to the BCC and the BCC approve the verification. Second by Mr. Raymond. Motion carried unanimously, 2-0. Mr. Raymond moved to adjourn meeting at 11:30 AM. Second by Mr. Moreland. Motion carried unanimously, 2-0. There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 11:30 am. Collier County Coastal Advisory Committee- Wiggins Pass Subcommittee /r } —� Joseg°h A. oreland, Chair r an These Minutes were approved by the Board/Committee on 1.2 -. -I:2_ , as presented , OR as amended . 4 CAC December 13,2012 VI-1 Approval of CAC Minutes 1 of 5 1612 A5 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE , Naples, Florida, November 8, 2012 DEC 1 3 2012 BYE ....................... LET IT BE REMEMBERED, the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following Fiala members present: Hiller Henning Coyle ✓ Cetet4a CHAIRMAN: John Sorey, III VICE CHAIRMAN: Jim Burke Anthony Pires Randy Moity Linda Penniman (Excused) Robert Raymond Joseph A. Moreland Victor Rios Wayne Waldack (Excused) ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples Misc. Corres: Date: '---I Q i 3 Item#: Flo 12+��' Copies to: CAC December 13,2012 VI-1 Approval of CAC Minutes • 2of5 1612 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Chairman Sorey called the meeting to order at 1:00 P.M. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda Gary McAlpin,Director, Coastal Zone Management reported item VIII.3 is for information purposes only. Mr. Rios moved to approve the Agenda. Second by Mr. Burke. Carried unanimously 7—0. V. Public Comments Speaker Bob Krasowski VI. Approval of CAC Minutes 1. October 11,2012 Mr. Rios moved to approve the minutes of the October 11, 2012 Meeting as presented. Second by Mr. Raymond. Carried unanimously 7—0. VII. Staff Reports 1. Expanded Revenue Report—Gary McAlpin The Committee reviewed the "Collier County Tourist Tax Revenue FY13 TDC Revenue Report" updated through October 31, 2012. 2. Emergency Beach Renourishment Naples and Vanderbilt Beach Status Gary McAlpin provided the update noting the contract to complete the work was authorized for$674,000 to Eastman Aggregate Enterprises, LLC and Stewart Mining. 3. Marco South Project Status Gary McAlpin provided the update noting the scope of work necessary to complete the erosion control structures has been put out to bid to be followed by the beach renourishment proposals with the project expected to initiate in the beginning of 2013. 4. Wiggins Pass Project Status Gary McAlpin reported most issues have been resolved, including those associated with CAC December 13,2012 VI-1 Approval of CAC Minutes 3of516 I 2 Delnor Wiggins State Park and the Florida Department of Environmental Conservation_, permit. The construction required to complete the project is expected to begin in February of 2013. The committee requested staff to prepare a report on the cost of permitting vs. cost of construction in relation to the project and an estimate on the amount of staff time spent to obtain permits required to complete the work. Mr. Moreland reported the Estuary Conservation Association is developing a report to analyze the timeline of events required to obtain the permits. It will be distributed to any interested parties. VIII. New Business 1. Clam Pass Permit update and Data Gathering Proposal a. Clam Pass Channel Improvements& Peer Review Services Gary McAlpin provided the proposal from Atkins North American, Inc. "Professional Engineering Services for Clam Pass Channel Improvements and Peer Review Services Contract Number 09-5262-CZ November 6, 2012 for consideration. A letter from the Pelican Bay Foundation to Linda Elligott of the US Army Corps of Engineers was submitted for informational purposes Re: Clam Pass Dredging Permit USACE File No. SAJ-1996-02789 (IP-LAE) dated November 6, 2012. Speakers Marcia Cravens Morgan Rees (submitted a copy of a 6/18/11 letter he submitted to Linda Elligott of the US Army Corps of Engineers). Kathy Worley (submitted copy of an aerial of photo "Lower Clam Bay 1953'). Ted Raia,President,Mangrove Action Group. Jim Hoppensteadt, Pelican Bay Foundation. Mr. Pires moved to recommend the Board of County Commissioners approve the proposal by Atkins North American,Inc.for "Professional Engineering Services for Clam Pass Channel Improvements and Peer Review Services—Contract Number 09-5262-CZ—November 6, 2012"subject to the County completing Task 1 in conjunction with Agnoli,Barber and Brundage and the remaining Tasks (2-4) to be completed by Atkins of North American,Inc. Second by Mr. Burke. Carried unanimously 7—0. 2. Bird Monitoring Requirements Gary McAlpin provided a proposal from the Conservancy of Southwest Florida for monitoring shorebird activity on both sides of Wiggins Pass between monuments R-12 and R-17 from November, 2012 through November,2013. The cost for this service is $5,600.00, annually. Discussion occurred with committee members expressing concern that although the expenditure is required under the permits issued for the improvements to the Pass,the expenditure is unnecessary; the area contains Piping Plover habitat, however no birds have been sighted in the vicinity of this area. CAC December 13,2012 VI-1 Approval of CAC Minutes 4 of 5 2A 51 1612 Speaker Bob Krasowski Mr. Rios moved to recommend the Board of County Commissioners authorize the scope of work as outlined in the Conservancy of Southwest Florida's proposal dated November 7, 2012 for a 1-year period at a cost of$5,600.00. Second by Mr.Moreland Motion carried 6 `yes"—1 "no." Mr. Moity voted"no." Staff reported they will confirm the expenditure is in conformance with County purchasing policies. 3. Legal Consulting Services for FEMA * Attachment No. 1 -FEMA Retention Agreement Proposal * Attachment No.2 -Earnest B.Abbot Resume * Attachment No.3-FEMA Law Associates Stafford Act Experience * Attachment No. 4-Letter dated 10-30-12 from Mr.Abbott Gary McAlpin reported that he submitted the above documents for information purposes. IX. Old Business 1. Coastal Advisory Committee,Management of Beach Renourishment letter dated 10/26/12 as directed by the CAC. Chairman Sorey submitted a letter for the record that he prepared at the direction of the committee to be submitted to the Chairman of the Board of County Commissioners (Fred Coyle). The letter is dated October 26, 2012 and is an analysis of the County's management timeline for the proposed beach renourishment project. Speaker Bob Krasowski X. Announcements None XI. Committee Member Discussion Chairman Sorey reported Mr. Waldack will no longer be serving on the committee and recognized his service to the committee, citizens of the City of Marco Island and Collier County. Mr. Pires reported that at the November 13, 2012 Board of County Commissioners there will be an analysis presented on the beach renourishment project. XII. Next Meeting Date/Location December 13,2012—Government Center,Administration Bldg. F,3rd Floor CAC December 13,2012 VI-1 Approval of CAC Minutes 5 of 5 2 2 A 5 ***** There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:35 P.M. Collier County Coastal Advisory Committee Bohn Sorey,III, Chairman These minutes approved by the Board/Committee on / ; /j ` 1 L>e, as presented ><" or as amended lisa3m31 November 2, 2012 DEC 1 0 2012 v �,161 ;2 /16 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, November 2, 2012 LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd floor, Collier County Government Complex, Naples, Florida, with the following persons present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Fiala Hiller Henning ! Misc.Cocres: Coyle Date: `-'►\Q \�P5 Item t k LP= Copies to: ALSO PRESENT: Jennifer Baker, Code Enforcement Supervisor Kerry Adams, Code Enforcement Administrative Secretary 161 1 2N A 6 ovember 2, 2012 Any person who decides to appeal a decision of the Special Magistrate will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Special Magistrate shall be responsible for providing this record. CALL TO ORDER—Special Magistrate Brenda Garretson presiding The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:03 A.M. All those testifying at the proceeding did so under oath. A. Hearing rules and regulations Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to conducting the Hearing,Respondents were given an opportunity to speak with their Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive. Recessed: 9:15 a.m. Reconvened: 9:45 a.m. II. APPROVAL OF AGENDA Jennifer Baker, Code Enforcement Supervisor, noted the following changes (listed below as Agenda item numbers): Under VI.A —Motion for Imposition of Fines, the following case was moved to IV.0 —Motion for Extension of Time • #7-CASE NO: CEPM20120002331 -SIG FL LLC Under item V.B —Hearings, the following cases were moved to V.A—Stipulations: • #18- CASE NO: CEPM20120010941 -GREENFIELD VILLAGE HOMEOWNERS ASSOCIATION INC., PEACOCK COURT • #9-CASE NO: CEV20120013414-LUIS A. GUTIERREZ AND CELIA CASTRO • #4-CASE NO: PU4875-CEEX20120013946-WILLIAM J.PORSCHEN AND MAUREEN PORSCHEN • #11 -CASE NO: CESD20120002518-CONSTANTIN VERDES AND KATHY V. VERDES Under item V.B —Hearings, the following cases were withdrawn: • #1 -CASE NO: 50135406-CEEX20120013586-HOLLANDER&AZCANO PA • #2- CASE NO: S0179027-CEEX20120015120-TIMOTHY J.NEWMANN • #5 -CASE NO: CEAU20120013070- THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT • #6-CASE NO: CENA20120009480-FELIPA 0. CRESPO TR,FELIPA 0. CRESPO REV. TRUST • #7-CASE NO: CESD20110017911 -KARL SANGER AND JANET SANGER • #8-CASE NO: CESD20120008773 -MARIA PAZ PEREZ • #10-CASE NO: CEPM20120006638-LAUREN MUELLER • #14- CASE NO: CEPM20120011594-KERI A. PRIESKORN • #16-CASE NO: CEPM20120011709- GINNIE MAE AKA GOVERNMENT NATIONAL MORTGAGE ASSOCIATION • #17-CASE NO: CEPM20120004012-MANUEL CORDERO The Special Magistrate approved the Agenda as modified. III. APPROVAL OF MINUTES—October 5, 2012 2 1612 A6 November 2, 2012 The minutes of the October 5, 2012 Special Magistrate Hearing were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motion for Reduction/Abatement of Fines None B. Motion for Continuance None C. Motion for Extension of Time 1. CASE NO: CESD20110014694 OWNER: RUBEN M.VALDEZ AND ELIZABETH V.VALDEZ OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). A SHED IN THE REAR OF THE PROPERTY AND A CARPORT ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 77162200001 VIOLATION ADDRESS: 1203 N 18TH STREET, IMMOKALEE Elizabeth Valdez was present and submitted the request in writnig. She reported the permit for the shed has been submitted and is under review and she needs more time to abate the violation. Investigator Rodriguez represented the County and had no objection to the request. The Special Magistrate GRANTED the Motion for an Extension of Time and continued the case to March 2, 2013. 2. CASE NO: CEPM20120002331 OWNER: SIG FL LLC OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231 SUBSECTIONS 12b, 12p, 12q,AND 19. SEVERAL INTERIOR WALLS THAT HAVE BEEN DAMAGED,AND TERMITE INFESTATION THAT HAS CAUSED DAMAGE TO THE INTERIOR OF THE HOME, WOOD SIDING ON THE EXTERIOR,AND TO A SUPPORT BEAM FOR THE CARPORT. FOLIO NO: 35773840009 VIOLATION ADDRESS:2248 45TH STREET SW,NAPLES Investigator Connetta represented the County and stated he has no objection to the request as the Respondent purchased the property and was unaware of the violation. A 60 day extension to abate the violation has been requested. The Special Magistrate GRANTED the Motion for an Extension of Time and continued the case to January 2, 2013. V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: CEPM20120010941 OWNER: GREENFIELD VILLAGE HOMEOWNERS ASSOCIATION INC.,PEACOCK COURT OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(b). A HOLE IN THE REAR BUILDING AT 1712 KINGS LAKE BLVD. FOLIO NO: 52950200005 3 1612 2 A 6 November 2, 2012 VIOLATION ADDRESS: 1712 KINGS LAKE BLVD,NAPLES Investigator Asaro requested the hearing. The Stipulation was entered into by the Respondent's representative Gloria Norman on November 2, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$113.00 incurred in the prosecution of this case by December 2, 2012. 2. Abate all violations by obtaining all required Collier County Building Permit(s), required inspections and Certificate of Occupancy/Completion by February 2, 2013 or a fine of $250.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $113.00. 2. CASE NO: CEV20120013414 OWNER: LUIS A.GUTIERREZ AND CELIA CASTRO OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 4.05.03 (A). VEHICLE PARKED IN YARD. FOLIO NO: 35989400000 VIOLATION ADDRESS:4636 25TH AVENUE SW,NAPLES Investigator Box requested the hearing. The Stipulation was entered into by the Respondent Luis Guitierrez on November 2, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$112.29 incurred in the prosecution of the case by December 2, 2012. 2. Abate all violations by removing and/or storing the vehicle in a completely enclosed structure or parking the vehicle on a stabilized surface by November 5, 2012 or pay a fine of$50.00 for each day the violation remains unabated, thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4 16 12 A6 November 2, 2012 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.29 3. CASE NO: PU4875-CEEX20120013946 OWNER: WILLIAM J.PORSCHEN AND MAUREEN PORSCHEN OFFICER: INVESTIGATOR MIKE ANDRESKY VIOLATIONS: CODE OF LAW&ORDINANCES 2002-17, SEC. 5.1 IRRIGATION RUNNING OUTSIDE OF RESTRICTED TIMES.NEW PLANTING MAY BE WATERED BETWEEN 12:01 AM AND 08:00 AM. FOLIO NO: 65223400008 VIOLATION ADDRESS: 175 PALM RIVER BLVD,NAPLES Investigator Andresky requested the hearing. The Stipulation was entered into by the Respondent's representative Steve Richart on November 2, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay a Civil Penalty of$75.00, Court Costs of$50.00 and an Administration Fee of$5.00 for a total amount due of$130.00 by December 2, 2012. Total Amount Due: $130.00 4. CASE NO: CESD20120002518 OWNER: CONSTANTIN VERDES AND KATHY V. VERDES OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a)AND THE 2010 FLORIDA BUILDING CODE SECTION 105.1. CHICKEN COOP AND FENCE ERECTED ON THE PROPERTY LINE WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY PERMITS,INSPECTIONS,AND CERTIFICATE OF COMPLETION. FOLIO NO: 36762600000 VIOLATION ADDRESS:3700 GOLDEN GATE BLVD W.,NAPLES Investigator Ambach requested the hearing. The Stipulation was entered into by Respondent Constantin Verdes on November 2, 2012. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$112.56 incurred in the prosecution of this case by December 2, 2012. 2. Abate all violations by obtaining all required Collier County Building Permit(s), inspections and Certificate of Occupancy/Completion to permit the fence or remove the fence by December 2, 2012 or a fine of$150.00 per day will be imposed until the violation has been abated thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a 5 1612 A6 November 2, 2012 Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday. 4. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $1 12.56 VI. NEW BUSINESS A. Motion for Imposition of Fines: 4. CASE NO: CEPM20120009061 OWNER: HSBC BANK USA NA TR,ACE SECURITIES CORPORATION OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(12)(c). HOLES IN ROOF ALLOWING WATER INTRUSION. FOLIO NO: 35980440001 VIOLATION ADDRESS:4500 GOLDEN GATE PARKWAY,NAPLES Investigator Box represented the County. Rebecca Winner, Attorney, represented the Respondent. Jen Baker stated the County is withdrawing the case. 6. CASE NO: CEPM20120000227 OWNER: ESMERALDA SALAS OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,BUILDING AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(2),(12)(d),(12)(i), (12)(p),AND(19). MOBILE HOME IN A POOR STATE OF REPAIR WITH WINDOWS AND DOORS BROKEN AND INTERIOR FLOOR IS ROTTED AND FULL OF HOLES. INTERIOR WALLS APPEAR TO BE ROTTED.THE INTERIOR OF THE MOBILE HOME IS INFESTED WITH INSECT AND RODENT DROPPINGS AND THE INTERIOR OF THE STRUCTURE IS OPEN TO THE ELEMENTS. FOLIO NO: 66221080005 VIOLATION ADDRESS:404 13TH STREET SE,IMMOKALEE Supervisor Perez represented the County and reported the violation has been abated as of October 9, 2012, with a total fines accrued in the amount of $55,000. Esmeralda Salas was present. The Special Magistrate DENIED the County'y Motion for Imposition of Fines. V. PUBLIC HEARINGS (continued) B. Hearings 3. CASE NO: PR046338-CEEX20120005656 OWNER: PAUL EIDSNESS OFFICER: PARK RANGER JAKE SULLIVAN VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO PAY PARKING FEE VIOLATION ADDRESS: BAREFOOT BEACH PRESERVE,NAPLES Date of Hearing Notice by Certified Mail: 10/17/12 The Respondent was not present. 6 6 I l vember 2, 2012 Investigator Sullivan presented the case reporting a citation was issued on April 7, 2012 for failure to pay a parking fee. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay a Fine of$30.00, Operational Costs of$50.00 and an Administration Fee of$5.00 for a total amount due of$85.00 by December 2, 2012. Total Amount Due: $85.00 12. CASE NO: CEPM20120008709 OWNER: CHINA PAVILION INC. OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE, SECTIONS 22-231 (12)(i)AND SECTION 22-242. DAMAGED WINDOWS AND UNSECURED REAR SLIDING DOOR. FOLIO NO: 36308320003 VIOLATION ADDRESS:5325 CORONADO PARKWAY,NAPLES Date of Hearing Notice by Certified Mail: 10/18/12 Date of Hearing Notice Property/Courthouse Posting: 10/18/12 Investigator Musse presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 7 photos dated 11/1/12 The violation remains as of June 11/2/12. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of$112.38 incurred by Code Enforcement during the prosecution of the case on or before December 2, 2012. 2. Obtain all required Collier County Building Permits, inspections and a Certificate of Completion to restore windows/doors to a permitted condition on or before December 2, 2012 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate or; obtain a Collier County Boarding Certificate and board the structure to the required specifications on or before November 9, 2012 and obtain all required Collier County Building Permits inspections and Certificates of Completion/Occupancy by May 2, 2013 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 3. Notify the Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondents have not complied by the deadline, the County is authorized to abate the violation by Contractor bid-out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriffs Office to enforce the terms of the Stipulation. Total Amount Due: $112.38 7 161 2 A6 November 2, 2012 13. CASE NO: CEPM20120011283 OWNER: ELSA M. FLORES AND CARLOS FLORES OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15)AND SECTION 22-231(12)(1).UNMAINTAINED SWIMMING POOL WITH TORN SCREEN PANELS ON POOL ENCLOSURE. FOLIO NO: 35994680006 VIOLATION ADDRESS:4650 25TH COURT SW,NAPLES Date of Hearing Notice by Certified Mail: 10/18/12 Date of Hearing Notice Property/Courthouse Posting: 10/18/12 Investigator Box presented the case. The Respondents were not present. Evidence entered: Composite Exhibit A: 3 photos dated 7/30/12 Exhibit B: 1 photo dated 11/1/12 The violation remains as of 11/2/12. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of$112.29 incurred in the prosecution of the case on or before December 2, 2012. 2. Chemically treat the pool water to kill the algae and provide bi-weekly treatments to maintain clean pool water and filtration system on or before November 9, 2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter or; 3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water pursuant to HUD standards on or before November 9, 2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Make all necessary repairs of the pool cage structure on or before November 9, 2012 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 5. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 6. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.29 15. CASE NO: CEPM20120012298 OWNER: SCOTT RYAN AND JENNIFER RYAN OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231(15).POOL WATER IS DARK GREEN IN COLOR, STAGNANT,AND NOT BEING PROPERLY MAINTAINED. FOLIO NO: 59960212400 VIOLATION ADDRESS: 16487 FELICITA COURT,NAPLES 8 161 '2 A,6 November 2, 2012 Date of Hearing Notice by Certified Mail: 10/18/12 Date of Hearing Notice Property/Courthouse Posting: 10/17/12 Investigator Mucha presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 11/1/12 The violation remains as of 11/2/12. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of$112.47 incurred in the prosecution of the case on or before December 2, 2012. 2. Chemically treat the pool water to kill the algae and provide bi weekly treatments to maintain clean pool water and filtration system on or before November 9, 2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter or; 3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water pursuant to HUD standards on or before November 9, 2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 5. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $112.47 C. Emergency Cases: None VII. NEW BUSINESS (continued) B. Motion for Imposition of Fines: 1. CASE NO: CEPM20120007772 OWNER: LINDA H.HAINES AND WILLIAM D.HAINES OFFICER: INVESTIGATOR MICHELLE SCAVONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(2),22-231(12)(i),22-231(1),22-231(11),22-231(12)(b),22-231(12)(n),22- 231(9),22-231(5). COMPLIANCE WITH HOUSING STANDARDS,WATER TURNED OFF TO PROPERTY BY CITY OF NAPLES,NO WATER ON THE PROPERTY,ELECTRIC TURNED OFF BY FLORIDA POWER AND LIGHT,ELECTRIC ILLEGALLY HOOKED UP, COOKING EQUIPMENT DOES NOT MEET ASME CONTAINER STANDARDS,EXTERIOR WALLS HAVE HOLES,BRAKES AND SURFACES ARE NOT BEING PROPERLY MAINTAINED, WINDOWS ARE BROKEN AND NOT BEING MAINTAINED,AND FENCE AS AN ACCESSORY STRUCTURE IS DAMAGED AND NOT BEING MAINTAINED. FOLIO NO: 53352680002 VIOLATION ADDRESS: 3087 LUNAR STREET AKA 3077 LUNAR STREET, NAPLES 9 16 a .r A6 November 2, 2012 Date of Hearing Notice by Certified Mail: 10/18/12 Date of Hearing Notice Property/Courthouse Posting: 1022/12 The Respondents were not present. Investigator Snow presented the case noting the violation has not been abated. Special Magistrate Order: 6/1/12 Fine Amount: Part A: $500.00/day; PartB: $500.00/day; Part C: $500.00/day Duration: 27 days (Part A, B and C). Total Fine Amount: $40,500.00 Total to Date: $40,500.00 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$40,500.00. Said amount to become a lien on the property with fines continuing to accrue. 2. CASE NO: CEPM20120003507 OWNER: ELEANOR D.VANDER MEIDEN OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15). UNMAINTAINED SWIMMING POOL. FOLIO NO: 68391280005 VIOLATION ADDRESS: 346 EDGEMERE WAY N,NAPLES Date of Hearing Notice by Certified Mail: 10/18/12 Date of Hearing Notice Property/Courthouse Posting: 10/18/12 The Respondents were not present. Investigator Box presented the case noting the violation has been abated by the County. Fine Amount: $250.00/day Duration: 8/11/12—9/18/12 (39 days) Total Fine Amount: $9,750.00 Unpaid Abatement Costs: $1,007.10 Unpaid Operational Costs: $112.78 Total to Date: $10,869.48 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$10,869.48. Said amount to become a lien on the property with fines continuing to accrue. 3. CASE NO: CEPM20110005397 OWNER: CITIMORTGAGE INC. OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15) .POOL THAT IS GREEN, STAGNANT,AND NOT PROPERLY MAINTAINED. FOLIO NO: 68975005923 VIOLATION ADDRESS:4083 BRYNWOOD DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 10/18/12 Date of Hearing Notice Property/Courthouse Posting: 10/19/12 The Respondents were not present. 10 161 2 A 6 ovember 2, 2012 Supervisor Bosa presented the case noting the violation has been abated, abatement costs paid and recommended the fines be waived. Abatement Date: 12/19/12 Special Magistrate Order: 11/1/11 Fine Amount: $250.00/day Duration: 41 days Total Fine Amount: $10,250.00 Paid Abatement Costs: $2,311.20 Paid Operational Costs: $112.38 Total to Date: $10,250.00 Finding the Notice of Hearing was properly served, the Special Magistrate DENIED the County's Motion for Imposition of Fines. 5. CASE NO: CEPM20120006775 OWNER: ROBERT P.HENDRICKS AND AMANDA E.HENDRICKS OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15) AND 22-231(12)(n). AN UNMAINTAINED POOL AND A SCREEN ENCLOSURE AROUND THE POOL WITH TORN SCREEN. FOLIO NO: 38972600005 VIOLATION ADDRESS:2531 48T11 AVENUE NE,NAPLES Date of Hearing Notice by Certified Mail: 10/18/12 Date of Hearing Notice Property/Courthouse Posting: 10/17/12 The Respondents were not present. Investigator Short presented the case noting the violation has been abated by the County. Special Magistrate Order: 7/6/12 Fine Amount: $150.00/day Duration: 8/7/12 - 9/4/12 (29 days) Part B and Part C Total Fine Amount: Part B - $4,350.00; Part C $4,350.00 Unpaid Abatement Costs: $1,499.40 Unpaid Operational Costs: $112.12 Total to Date: $10,411.52 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of $10,411.52. Said amount to become a lien on the property. 8. CASE NO: CENA20120009734 OWNER: JUDITH HARBRECHT HILL TR AND WILLIAM P.HILL TR OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(a). WEEDS AND GRASS IN EXCESS OF 18 INCHES IN HEIGHT. FOLIO NO: 55402400004 VIOLATION ADDRESS:451 TORREY PINES POINT, NAPLES Date of Hearing Notice by Certified Mail: 10/18/12 11 A6 16 1 vember 2, 2012 Date of Hearing Notice Property/Courthouse Posting: 10/17/12 The Respondents were not present. Investigator Snow presented the case noting the violation has been abated. Special Magistrate Order: 8/3/12 Fine Amount: $50.00/day Duration: 26 days Total Fine Amount: $1,300.00 Unpaid Abatement Costs: $30.00 Unpaid Operational Costs: $112.56 Total to Date: $1,442.56 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$1,442.56. Said amount to become a lien on the property. 9. CASE NO: CENA20120005716 OWNER: SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSN INC. OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 54,ARTICLE VI, SECTIONS 54-184. LITTER AND DEBRIS CONSISTING OF WOOD,PAPER,FURNITURE, PLASTIC, BROKEN BICYCLES,ETC. LOCATED THROUGHOUT THE PROPERTY. FOLIO NO: 400200002 VIOLATION ADDRESS:201 SANTA CLARA DRIVE,NAPLES Cases 9 and 10 were combined. 10. CASE NO: CEPM20120005859 OWNER: SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSN INC. OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22 ARTICLE VI, SECTIONS 22-231(9), (11),(12)(b)AND(12)(n). A BROKEN FRONT ENTRY GATE,A MISSING COVER TO THE ELECTRICAL BOX LOCATED NEXT TO THE ENTRY GATE,A BROKEN PUMP STATION FENCE,A BROKEN GARAGE DOOR TO THE STORAGE SHED AND CRACKS IN THE FRONT FACADE LEADING TO THE POOL AREA AT THE CLUBHOUSE. FOLIO NO: 400200002 VIOLATION ADDRESS:201 SANTA CLARA DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 10/18/12 Date of Hearing Notice Property/Courthouse Posting: 10/18/12 The Respondents were not present. Investigator Snow presented the case noting the violation has been abated and Operational Costs paid. Finding the Notice of Hearing was properly served, the Special Magistrate DENIED the County's Motion for Imposition of Fines. 11. CASE NO: CEAU20120004466 OWNER: TERESA LEE HANEY OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: ACCESSORY USES AND STRUCTURES,FENCES AND WALLS,EXCLUDING SOUND WALLS,COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS AMENDED, SECTION 5.03.02(F)(3). FENCE IN DISREPAIR. FOLIO NO: 62412600007 VIOLATION ADDRESS: 857 105TH AVENUE N,NAPLES 12 1612 A6 November 2, 2012 Date of Hearing Notice by Certified Mail: 10/18/12 Date of Hearing Notice Property/Courthouse Posting: 10/19/12 The Respondents were not present. Investigator Mucha presented the case noting the violation has not been abated. Fine Amount: $100/day Duration: 26 days Total Fine Amount: $ 2,600.00 Unpaid Operational Costs: $112.38 Total to Date: $2,712.38 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County's Motion for Imposition of Fines for a total amount due of$2,712.38. Said amount to become a lien on the property with fines continuing to accrue. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: 1. CASE NO: CELU20100021285 OWNER: DAVID DELANEY AND KERRY DELANEY OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 2.02.03.MORE THAN THREE DOGS, SIX MONTHS OR OLDER,ARE BEING KEPT ON THE PREMISES THAT IS USED FOR RESIDENTIAL PURPOSES. THIS IS A PROHIBITED USE FOR THIS ZONING DISTRICT. FOLIO NO: 66262006284 VIOLATION ADDRESS: 168 SKIPPING STONE LANE,NAPLES Ms. Baker reported there have been changes in the Land Development Codes that affect the case. The County wishes to rescind the previous order. The Special Magistrate GRANTED the County's request to Rescind a Previously Issued Order. 2. CASE NO: CEAU20120008539 OWNER: SCOTT LAMP OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a),FLORIDA BUILDING CODE,2010 EDITION,CHAPTER 1, SECTIONS 105.1, 105.4.1,AND 105.4.1.1. CHAIN LINK FENCE WITH EXPIRED PERMIT IN A STATE OF DISREPAIR. FOLIO NO: 62259800002 VIOLATION ADDRESS:5306 BROWARD STREET,NAPLES Ms. Baker reported their has been a change in ownership of the property. The Special Magistrate GRANTED the County's request to Rescind a Previously Issued Order. VIII. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 13 1612 6 November 2, 2012 The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's Request. IX. REPORTS None X. NEXT MEETING DATE: December 7, 2012 at 9:00 A.M. at the Collier County Government Center, 3299 East Tamiami Trail, Building F,3rd Floor, Naples,Florida There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 11:15 A.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Anit B da Garretson, Sp° ' Magistrate The Minutes were approved by the Special Magistrate on . '1 2131 7^ , as presented V , or as amended 14 16 2 V(7"- Y-Cl\WR� � AGENDA _iANnL 2012 � COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., T '.SDAY, OCTOBER 4, 2012, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMI TRAT ON'IlUttDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO EEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTILY AN DENCE UPON WHICH THE APPEAL IS TO BE BASED. Hiller Henning I. PLEDGE OF ALLEGIANCE Coyle ✓ 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA— Selection of"Interim" Chairman and Vice Chairman 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES -September 6, 2012 Misc.Correa: 6. BCC REPORT- RECAPS Date: L4ka 13 7. CHAIRMAN'S REPORT Item#: �Z 214 Copies to: 8. ADVERTISED PUBLIC HEARINGS A. CU-PL20110001757: Mac Business Plaza, a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use in a C-3 zoning district to allow up to four buildings on four different parcels of up to 15,000 square feet of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located at the southeast corner of Tamiami Trail East and Barefoot Williams Road in Section 33, Township 50 South, Range 26 East, Collier County, Florid [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 1 1612 A 7 B. DOA-PL20120001160: The Town of Ave Maria -- A Resolution Amending Resolution Number 05-235 (Development Order No. 05-01), as amended by Resolution No. 11-132 (Development Order No. 11-03), for The Town Of Ave Maria Development of Regional Impact ("DRI") located in Sections 31 Through 33, Township 47 South, Range 29 East and Sections 4 Through 9 and 16 Through 18, Township 48 South, Range 29 East in Collier County, Florida by providing for: Section One, Amendments to Development Order by revising Exhibit"C" and Map"H"contained in the DRI Development Order to add an access point on Oil Well Road; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, transmittal to Department Of Economic Opportunity and effective date. (Companion to SRAA-PL20120000705) [Coordinator: Kay Deselem,AICP, Principal Planner] C. SRAA-PL20120000705: The Town of Ave Maria -- A Resolution amending Resolution Numbers 2004-89 and 2005-234A for the Town of Ave Maria Stewardship Receiving Area to revise the SRA Master Plan to add an access point on Oil Well Road. The property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida. [Companion to DOA-PL2012-00001160] [Coordinator: Kay Deselem, AICP, Principal Planner] 9. CONSENT AGENDA ITEMS A. PUDZ-A-PL20120000303: Mirasol RPUD--An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2009-21, the Mirasol Residential Planned Unit Development, by increasing the permissible number of dwelling units from 799 to 1,121; by amending Ordinance Number 2004- 41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 95± acres of land zoned Rural Agricultural (A)to the Mirasol RPUD; by revising the development standards; by amending the master plan; and adding deviations and revising developer commitments. The property is located on the north side of Immokalee Road (CR 846) bordered on the east by Broken Back Road and future Collier Boulevard (CR 951) in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida consisting of 1,638.6± acres; and by providing an effective date. [Coordinator: Kay Deselem,AICP, Principal Planner] B. Consent approval of Agenda item 8A if needed: CU-PL20110001757: Mac Business Plaza. C. Consent approval of Agenda items 8B and 8C if needed: DOA-PL20120001160: The Town of Ave Maria and SRAA-PL20120000705: The Town of Ave Maria. 10. OLD BUSINESS Note: This item is being continued to the November 1, 2012 CCPC meeting: A. LDC Amendments 2012 Cycle 1 [Coordinator: Caroline Cilek, Senior Planner] 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 A 7 16 1 2 October 4, 2012 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples,Florida October 4,2012 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex,East Naples,Florida,with the following members present: Melissa Ahern,Vice-Chairman Phillip Brougham Diane Ebert Karen Homiak Barry Klein Paul Midney Bill Vonier ALSO PRESENT: Heidi Ashton-Cicko,Assistant County Attorney Ray Bellows,Zoning Manager Tom Eastman, School District Page 1 of 19 A7 6 October 4, 2012 INTERIM CHAIRWOMAN AHERN: Good morning,and welcome to the October 14th meeting of the Collier County Planning Commission. If everyone would rise for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) INTERIM CHAIRWOMAN AHERN: Roll call,please. COMMISSIONER HOMIAK: Okay,Mr.Eastman is absent. Mr.Vonier? COMMISSIONER VONIER: Present. COMMISSIONER HOMIAK: Mr.Midney is absent. Ms.Ahern? INTERIM CHAIRWOMAN AHERN: Here. COMMISSIONER HOMIAK: Ms.Homiak is here. Ms.Ebert? COMMISSIONER EBERT: Here. COMMISSIONER HOMIAK: Mr.Klein? COMMISSIONER KLEIN: Here. COMMISSIONER HOMIAK: And Mr.Brougham? COMMISSIONER BROUGHAM: Here. INTERIM CHAIRWOMAN AHERN: ***Okay,we'll move right into addenda to the agenda. At this point we are going to be making selections of interim chair and vice chair.And I would make a recommendation-- COMMISSIONER KLEIN: I would like to make a motion that Melissa Ahern is going to continue to be our chairman. INTERIM CHAIRWOMAN AHERN: Thank you. COMMISSIONER EBERT: I'll second. INTERIM CHAIRWOMAN AHERN: Okay,thank you. All in favor? COMMISSIONER KLEIN: Aye. COMMISSIONER VONIER: Aye. INTERIM CHAIRWOMAN AHERN: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. COMMISSIONER HOMIAK: Aye. INTERIM CHAIRWOMAN AHERN: I would like to also recommend that the board--that we wait until we have a complete seated board to make permanent selection. COMMISSIONER EBERT: I'll second that. INTERIM CHAIRWOMAN AHERN: All in favor? COMMISSIONER KLEIN: Aye. INTERIM CHAIRWOMAN AHERN: Aye. COMMISSIONER VONIER: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. COMMISSIONER HOMIAK: Aye. INTERIM CHAIRWOMAN AHERN: Okay,motion passes 6-0. MS.ASHTON-CICKO: And we need a vice-chair as well. INTERIM CHAIRWOMAN AHERN: I'll make a motion-- COMMISSIONER EBERT: No,we don't. We can--according to Jeff,we can just leave it this way until the first of the year,or whatever. MS.ASHTON-CICKO: Well,I guess that will depend on what the CCPC wants to do as a majority. Your ordinance does say that you're to select a chair and a vice-chair,since we have a vacancy in the chair. Melissa's been moved up to that position. If you want to leave the vice-chair position vacant by a majority vote, if Melissa's Page 2 of 19 i62-2- A ? October 4, 2012 unavailable for any reason then there's no action or decision-making that could occur until the next CCPC meeting. COMMISSIONER BROUGHAM: Exactly. INTERIM CHAIRWOMAN AHERN: Well,I'll make a motion for Bill to be vice chair. Do I have a second? COMMISSIONER EBERT: For who? INTERIM CHAIRWOMAN AHERN: For Bill. COMMISSIONER EBERT: I'll second that. COMMISSIONER BROUGHAM: Interim vice-chair? COMMISSIONER EBERT: Yeah, interim. INTERIM CHAIRWOMAN AHERN: All in favor? COMMISSIONER KLEIN: Aye. INTERIM CHAIRWOMAN AHERN: Aye. COMMISSIONER VONIER: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. COMMISSIONER HOMIAK: Aye. INTERIM CHAIRWOMAN AHERN: Okay,motion passes 6-0. ***Okay,Planning Commission absences.Right now we do not have anything scheduled for the October 18th-- MR. BELLOWS: Correct. INTERIM CHAIRWOMAN AHERN: --meeting. We do have a special meeting on October 30th for the EAR-based GMP amendments. Does anyone know if we will not be here? (No response.) INTERIM CHAIRWOMAN AHERN: Okay,looks like we will have a quorum. (At which time,Mr.Eastman enters boardroom.) COMMISSIONER BROUGHAM: Could we reserve two days for that,Melissa? INTERIM CHAIRWOMAN AHERN: If necessary it will move to the next day. I don't think it will be necessary,but-- COMMISSIONER HOMIAK: And Mr.Eastman is here now. INTERIM CHAIRWOMAN AHERN: Good morning. MR.EASTMAN: Good morning. INTERIM CHAIRWOMAN AHERN: ***Okay,approval of the minutes. If everyone had an opportunity to review the minutes. COMMISSIONER HOMIAK: Motion to approve. COMMISSIONER EBERT: I'll second. INTERIM CHAIRWOMAN AHERN: All in favor? COMMISSIONER KLEIN: Aye. INTERIM CHAIRWOMAN AHERN: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER VONIER: I abstain. I wasn't here. COMMISSIONER BROUGHAM: As will I. I was absent. INTERIM CHAIRWOMAN AHERN: So motion passes 4-0,and then two abstentions. ***Ray,BCC recaps? MR.BELLOWS: Yes. At the last board meeting they approved the variance for--for the Donald Gray property. And they also approved the PUD amendment for Brynwood on the summary agenda. So that would be subject to the Planning Commission recommendations. INTERIM CHAIRWOMAN AHERN: Great. ***Chairman's report. I have nothing to report at this time. So let's move on into our advertised public hearings. Page 3 of 19 6 October 4, 2012 Today we will be addressing the consent agenda items at the end of the meeting,so anything that happens with the advertised public hearings can be approved and not delayed,considering we do not have a meeting later on this month. ***So let's start with CUPL2011-0001757,Mac Business Plaza. MR.MULHERE: Good morning. For the record,my name is Bob Mulhere. THE COURT REPORTER: Swear? INTERIM CHAIRWOMAN AHERN: Oh,I apologize. If the court reporter would swear everyone in that will be testifying on this item. (Speakers were duly sworn.) MR.MULHERE: Again,good morning. For the record my name is Bob Mulhere with Mulhere and Associates here this morning on behalf of the petitioner. With me this morning is Christopher Shucart. COMMISSIONER HOMIAK: Oh,disclosures. INTERIM CHAIRWOMAN AHERN: Bob, let me interrupt you for one minute. Does anyone on the Planning Commission have any disclosures? COMMISSIONER HOMIAK: Yes,I spoke to Mr. Shucart. COMMISSIONER KLEIN: About a week or so ago I spent about an hour at their office discussing it with them. INTERIM CHAIRWOMAN AHERN: Mr.Brougham? COMMISSIONER BROUGHAM: Had a meeting with Mr. Shucart and Mr.Mulhere. COMMISSIONER VONIER: Staff. INTERIM CHAIRWOMAN AHERN: Okay. And I did not meet with either party. Sorry,Bob. MR. MULHERE: That's okay. COMMISSIONER EBERT: Upside down,Bob. COMMISSIONER BROUGHAM: We'll actually get going soon. MR.MULHERE: Is this working? Okay,just wanted to--I'm sure you all are familiar with the location,but just briefly,I wanted to point out where the property is. There we go. It's located on the East Tamiami Trail.The property is--has got C-3 zoning to the west. Across U.S.41 is the Eagle Lakes Park.And it's also got C-3 zoning I guess to the south or east. And this RT zoning right behind it here is the recreational facility for the Hitching Post RV Park. The reason that we're here asking for this conditional use,I just want to give you just a little bit of background. I don't know how many--I don't think you get all that many conditional uses brought before you,and this is even a little bit more unique. Conditional uses are uses that would otherwise be permitted--this is by definition; I may not have it exactly right,but I'm pretty close.They would otherwise be permitted,but because of the unique nature of the use,there may be a desire to put some additional conditions or stipulations on that use. And so it goes through a public hearings process,allowing the neighbors to have a chance to look at it and make comments,allowing the Planning Commission to review it,and allowing the board to approve it with--or deny it. But if they approve it,they can put conditions on it. But this type of conditional use that we're asking for is even a little bit more unique than that. Typically those uses that are conditional uses aren't also permitted uses. But in this case,the uses that we're asking for are permitted uses in the district. But they're restricted. They're restricted as to the square footage that's allowed. So,for example,a restaurant is allowed in C-3,but it's restricted to no more than 5,000 square feet. Those restrictions were put in place on a number of personal service and retail uses in the C-3 district across the entire spectrum of Collier County,wherever C-3 occurs in order to limit or in order to reduce the possibility of having some singular kind of large use consume that C-3 zoning and in that way really not be consistent with the purpose and intent of the district. And I'll read the purpose and intent of the district. The purpose and intent of the commercial intermediate district is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for a comparison shopping,have a trade area consisting of several neighborhoods and are preferably located at the intersection of two Page 4 of 19 161247 ctober 4, 2012 arterial level streets. So you can see from that purpose and intent statement that the C-3 district is intended to provide a wide variety of personal services,retail uses,restaurants,those kinds of things,to several neighborhoods in an area where they're located. And so I don't know exactly when it happened,sometime with the adoption of the Land Development Code in the early 2000's,I think,there were these restrictions put in on square footages so that you wouldn't have a medium box or big box consuming that C-3 property taking away from the purpose and intent of a mixture of personal services and retail uses and those kinds of things. Our experience,my client's experience has been with this property and with other properties that they own in this neighborhood, in this area of East Naples along U.S.41,is that--well,there's a couple of things.Number one, end users--by the way, I forgot to mention and I think this is also important,those uses that are restricted to square footages, including, like I said,a bunch of--auto parts stores are restricted,everything that's retail or personal service, most of those are restricted to square footage of either 5,000 or 6,000 square feet. The one exception for some reason was drug stores. I can only think that the drug stores had a strong lobby at the time,but I don't know. So in any case,we found that the end users that might otherwise be interested in this property or similar properties are not--are not interested to the extent that they might be because of that square foot limitation. So if you look at some of the maybe more desirable restaurants that we would be speaking to,they would like to have maybe eight or 9,000 square feet,not 5,000 square feet. They would also in some cases like to own the property,so it would be their parcel with their parking. The way we've designed the project,there will be cross-easements for parking and water management will be master planned,and landscaping buffering will be master planned,and it's all shown together as one project,but we could still subdivide the parcels. What I wanted to mention to you was that these restrictions don't apply if you build a shopping center. So all of those uses that are restricted to square footage as a singular use are not restricted if you put those same uses within a shopping center. Well,what is a shopping center? A shopping center is defined as a retail personal service or office uses in a single--well,it doesn't have to be single building,but in a unified plan of development that is at least 20,000 square feet in size and has at least eight or more individual retail office or personal service outlets. So you have to have at least eight units that are for sale or for lease and you have to be more than 20,000 square feet. And that could certainly be the case in this property. There is an approved Site Development Plan on this property today as we speak for some 57,000 square feet,which includes office and retail,and was approved as a shopping center. So we think that the times have changed quite a bit. We all know that the last four or five years have been pretty tough from an economic perspective. We're asking for this conditional use,for those uses that are restricted to be able to have more flexibility in the marketplace. We've agreed--and there were some concerns,and we didn't want to--we aren't interested in putting a single use on there that's say, 50 or 60,000 square feet. So we agreed to some conditions that we worked out with staff. And those conditions are that we would have no more than four parcels. And your master plan shows a type of development that could occur for which there's sufficient parking,stormwater management and everything like that, subdivided into four different parcels with the parking, so we could have up to four parcels. There would be a maximum of 15,000 square feet for any singular use and a maximum of 35,000 square feet in aggregate for any of these conditional uses total. Now,those conditions apply--those limitations apply to the conditional uses.They obviously don't apply to the permitted uses. Those permitted uses are by right in the district. We've had a neighborhood information meeting. As a result of that neighborhood information meeting we had a follow--one of the things that came up in that meeting was the Land Development Code requires a six-foot architecturally treated or masonry wall anywhere where a commercial property is adjacent to a residential property. And I think this is a little bit unique in that as I said before--and maybe I can pull out an aerial and use that. This property is,you know,you got U.S.41 here,C-3 Hitching Post Shopping Center here,C-3 zoning here.And then this little piece of RT right here,and then this is Barefoot Williams Road. This RT is the recreational facility. And here is an aerial that shows that. You can see,this is the recreational Page 5 of 19 161 2 A7 October 4, 2012 facility in here. The approved SDP had with it an administratively approved waiver from the wall requirement. We--and we would like to have the same relief. And we actually explored that discussion with the neighbors at the neighborhood information meeting and their request that was we prepare a landscape plan and then meet with them again. And we did that. We had a plan prepared,and we did meet with them. And a couple of the neighbors are here and they'll speak to those issues. And this is really a blowup of the plan,and looking at it from the perspective of the neighbors towards our property. But this really would be finalized at the time of Site Development Plan. (At which time,Commissioner Midney enters the boardroom.) MR.MULHERE: But we certainly don't object to these exhibits,these two exhibits,being a condition of the conditional use approval,because they are embellished in terms of the quantity and the size of the plants.And we believe that the neighbors concur but,I mean,we'll let them speak for themselves. I believe I've covered all the issues. I'm sure you have some questions and I'm available,Mr. Shucart's available to answer any questions that you might have. INTERIM CHAIRWOMAN AHERN: Bill? COMMISSIONER BROUGHAM: Several. When we got together in our meeting,we talked about all of the permitted uses by right,NC-3,and there's quite a list of those,and we went down through some that at least I had a question on. And I'm sure you've had an opportunity to look at those. And I do understand on this first set that these are permitted,you're entitled to these uses. But they're a little bit of a cause for concern. The first one is loan brokers,which is SIC-6163. MR.MULHERE: Yeah. Ray,are you able to pull those up so that we can be sure that we're--because there's always a little confusion between the SIC Code.And I did look at them and I know Chris has some copies. But just-- COMMISSIONER BROUGHAM: My only concern there is really what is the definition of a loan broker. MR.MULHERE: Okay,and I've got it right here. COMMISSIONER BROUGHAM: Is that a pawn shop or-- MR.MULHERE: No, it's not a pawn shop.Here's the definition in the SIC Code.Establishments primarily engaged in arranging loans for others. These establishments operate mostly on a commission or fee basis and do not ordinarily have any continuing relationship with either borrower or lender. I know they were real popular for a while,but that was a few years ago. I don't know how many of them there are right now,but-- COMMISSIONER BROUGHAM: That's like a payday loan or-- MR.MULHERE: Yeah, it's--well, I think-- COMMISSIONER BROUGHAM: It's not a pawn shop,that-- MR.MULHERE: No,I think it's really more of a mortgage broker,but I suppose it could be something along those lines too. COMMISSIONER BROUGHAM: The other one--the next one is record and prerecorded tape stores, 5735. And again,the concern there is really what does that mean? Is it video rentals or what? MR.MULHERE: Yeah,we-- MS.ASHTON-CICKO: I'd just like to caution the Planning Commission that you're here today about a conditional use. And if they already have certain uses that are permitted uses under that zoning district,the elimination of that use would not be something that I would recommend that you proceed with.You can place reasonable conditions on the uses that he's requesting,but we can't take away what he's already allowed to do. COMMISSIONER BROUGHAM: Okay. MR.MULHERE: In our discussion,one of the things that came up was adult uses. Which there is an ordinance, I think it's called--the section of the ordinance,the business ordinance that limits and restricts that. But it isn't our intent to do that. And if that's a condition that you feel is appropriate, I mean,feel free to put that on there. COMMISSIONER BROUGHAM: Well,taking into account what Heidi just said,certainly I'm not asking Page 6 of 19 161 2Z4, 2012 you to give up any rights or any uses that you're entitled to-- MR.MULHERE: And we wouldn't be giving up the rights,we'd just be agreeing that the adult oriented business are not something that we would be-- COMMISSIONER BROUGHAM: I just think in my opinion that's a use that would not benefit that area-- MR.MULHERE: Agreed,agreed. COMMISSIONER BROUGHAM: Okay,could I ask you one other question-- MR.MULHERE: Sure. COMMISSIONER BROUGHAM: --for the record? On your preliminary site plan,and given what you're proposing is you could actually find a buyer for and construct a building. It could be up to 15,000 square feet maximum,and all buildings to a maximum of 35,000 square feet. MR.MULHERE: Correct. COMMISSIONER BROUGHAM: Now, if for example the first building sold was lot three,for whatever reason,would the entire site,conceptual site plan,would that be put into play? Would you pave the entire parking areas?How would that evolve? MR.MULHERE: Not necessarily. And the way that that works--that's a very good question. I mean,the way that that works is that you can--there's two ways that you can only construct a portion. You cannot construct a portion of a stormwater management plan,obviously. The same thing with a buffering. So you would come in with a phased Site Development Plan. And the first phase would include all those elements that have to be constructed in their entirety plus perhaps lot three. And then the subsequent phases may be just parking or the actual construction would occur in subsequent phases,which could be but don't have to be also platted,individually platted lots. COMMISSIONER BROUGHAM: In my example,let's say lot three was sold. It's a 6,500 square foot building. And you have both entrances,the one off 41,the one off of Barefoot. You would have interconnectivity-- MR.MULHERE: Yes. COMMISSIONER BROUGHAM: --between--so you'd have a paved surface-- MR. MULHERE: Yeah. COMMISSIONER BROUGHAM: --from those throughout the entire parcel here. MR.MULHERE: Part of what you'd have to create would be a code compliant access point that would ultimately remain in place to provide access for those other undeveloped parcels,but you'd create it at the initial stage, yes. COMMISSIONER BROUGHAM: You wouldn't pave over--you probably wouldn't pave over the area where a potential next building-- MR. MULHERE: Correct. COMMISSIONER BROUGHAM: --could go in. MR.MULHERE: That's correct. But the access--yes. COMMISSIONER BROUGHAM: And then the final one is--and that's on the landscape buffering. If you could put that-- MR.MULHERE: Sure. COMMISSIONER BROUGHAM: --aerial back up again,please. MR.MULHERE: Yeah. COMMISSIONER BROUGHAM: And I just want to point out something and get concurrence. And I know in a neighborhood information and in this morning you said that the residents of Hitching Post would not prefer to have a wall,and they can confirm that. I guess my only concern on behalf of them,and I don't mean to speak for them, is if you have only landscaping between the recreational area and this parcel, it's potentially there that there could be foot traffic through the landscaping and so forth and so on.Eventually,you know,destroy the intent of that buffer. And that's only a potential concern I have. If the neighborhoods don't think that's important or a consideration for the future,I certainly haven't got a problem with it. MR.MULHERE: I mean,again,they'll speak for themselves,but the landscape plan that we designed is pretty substantive. And as long as it's healthy and grows,then it should impede--I know what happens over time, Page 7 of 19 16 1 2 A ? October 4, 2012 though. And then I think,you know,then it becomes a question of the property owner being an appropriate manager. And if anything dies or anything needs to be replaced that it's done and that you have a relationship with the neighbors. I know that Chris has a very good relationship with them. But you're right,I mean,he may not always own the shopping center,so they have to feel comfortable. And again,I'd let them speak for themselves on that issue. COMMISSIONER BROUGHAM: Is there any potential of that recreational area ever becoming residences and not a recreational area? I know it's not again the subject,but-- MR. MULHERE: I mean,it's potentially yes. Because it is zoned RT,so it could allow the same uses that are in the rest of the RT.But it's highly unlikely,because it's used--it's used by two different legal entities that have created a third entity that manage that. So it's just highly unlikely. COMMISSIONER BROUGHAM: That's all I have,Melissa. INTERIM CHAIRWOMAN AHERN: Anyone else have questions? COMMISSIONER HOMIAK: I just wanted to--the wall,I don't know,I think it probably was required there for noise more than--I mean, if you have a row of dumpsters back there,those things are going to be banging and it might-- MR.MULHERE: They don't--that wall--I didn't mean to interrupt. Go ahead. I apologize. COMMISSIONER HOMIAK: Well, it might cut down on the noise a little bit for them,but-- MR.MULHERE: Yeah, it doesn't really cut down much on the noise at all. You know,the hours of that kind of stuff is pretty limited.You're next to commercial. You know,I think there's really--it's not--the wall in itself will not reduce that noise impact. I mean,you can see the size of the walls that they have to put on highways. They're,you know,20-foot tall. And that's what keeps the noise from coming over the top of the wall. Having said that,you know,there's--the other negative is the loss of movement of light and air through a six-foot wall. Looks like a--you know,they're close to it. So that's the kind of thing that I think is undesirable. It's sort of--you're looking out at this large wall. You might have some landscaping to soften it but it's still a large, six-foot when you're very close,you know. And again,they have their recreational facility there. So I think there's enough room that that will minimize the impacts. And,you know,today we design these commercial facilities pretty well. If you have a garbage dumpster or a recycling bin,you're required to put a wall around the entire thing,plus a gate on the front of it. So it's already got--and it's higher than six foot, it's probably eight foot. So it's already surrounded by something that--the truck noise,you're going to hear that. You're going to hear it coming down the back alley there. COMMISSIONER HOMIAK: Yeah. But I would like to see a condition added for no adult oriented video sales or rentals. Because you are changing that. MR. MULHERE: Yeah. COMMISSIONER HOMIAK: That is part of the conditional use for a video-- MR.MULHERE: We would agree to that. COMMISSIONER HOMIAK: Okay. And then I have concerns about the outdoor music and television. I realize,I mean,you are looking at--we're looking at a conceptual plan here that could never happen also. I mean, it could be two 15,000 square foot restaurants,one with outdoor music and one with outdoor televisions-- MR.MULHERE: Yeah, I would say-- COMMISSIONER HOMIAK: --going all the time. I mean,it doesn't mat--I mean,this means almost nothing,because it-- MR.MULHERE: Let me just throw out a couple of thoughts. Number one,you do have an opportunity here that you wouldn't otherwise have to restrict the location,you know,of those types of uses that would minimize the impact on the neighbors. Because,you know,you could put in three or four restaurants by right that are limited to 5,000 square foot and you'd no restriction on those. COMMISSIONER HOMIAK: Right. MR. MULHERE: We feel strongly that by limiting the location,nothing can be in the rear here. And if we have them--if there is any outdoor seating,it's going to be facing U.S.41 or,you know,or maybe some of the commercial property over here on the corner. There's a significant volume of noise already on that highway. I do know that the noise ordinance was strengthened after,dare I mention it,the Stevie Tomato's fiasco or whatever,you know. And that noise ordinance,we Page 8 of 19 161 2A7 October 4, 2012 did look at it,and it limits--or it reduces the decibel volumes that you can--that can be created through amplified music or anything amplified. Anything amplified. 10:00 p.m. is sort of the--it goes to a lower number. We talked before the meeting and what we could agree to would be to limit the amplified sound to 10:00 p.m. In other words,after 10:00 p.m.there's no amplified sound allowed.And it's in the front of the building as well. So I think that would address anybody having concerns of being disturbed. COMMISSIONER HOMIAK: Okay. Because at night it's quiet. There's-- MR.MULHERE: Yeah, I got it. We respect that. COMMISSIONER HOMIAK: --an open park and lake across the street too. MR.MULHERE: Yeah,we respect that. COMMISSIONER HOMIAK: So 10:00,you'd agree to-- MR.MULHERE: 10:00 p.m.,yeah. COMMISSIONER HOMIAK: Okay. And then on the conditional uses,on number one and two,it's written as the maximum aggregate gross building square footage. I think it should read floor area on one and two,because that's how it's referred to in the rest of the ordinance and in the LDC. MR. MULHERE: I agree. COMMISSIONER HOMIAK: Thank you. MR.MULHERE: It's better for us,because building square footage would include non-usable area but floor square footage is the usable area, so that makes sense. COMMISSIONER HOMIAK: Right. And then on the Exhibit B,on the other side of 41 it says PUD Whistler's Cove. That is Eagle Lakes Community Park,or existing park,however you would want to word it,but that's wrong. MR.MULHERE: Yeah. And I'll take responsibility for that one. COMMISSIONER HOMIAK: Okay. You're easy today. MR.MULHERE: After watching the presidential debates,I'm ready to take a lot of responsibility. INTERIM CHAIRWOMAN AHERN: Good. We need somebody to blame. COMMISSIONER HOMIAK: That's it for me. INTERIM CHAIRWOMAN AHERN: Okay,any other questions? (No response.) MR.MULHERE: Thank you. I know you have a couple of public speakers,so-- INTERIM CHAIRWOMAN AHERN: Staff report? MS.GUNDLACH: Good morning,Commissioners. I'm Nancy Gundlach, Principal Planner,for the record. Staff is recommending approval of this conditional use. It is consistent with the Land Development Code and the Growth Management Plan. There is just one thing that I'd like to point out to you. The landscape plan that was shown here this morning has not been submitted to us, so I can't tell you whether it meets minimum code or not. But typically a plan like that would be reviewed at the time of Site Development Plan and at the time that an administrative wall variance is applied for. So if you have any questions, it would be my pleasure to answer them this morning. INTERIM CHAIRWOMAN AHERN: Anyone have any questions for staff? (No response.) INTERIM CHAIRWOMAN AHERN: Nancy,I just had one. On the resolution,it doesn't exclude drugstores. Does that need to be in there?Does that language? MS.GUNDLACH: I'm looking for the County Attorney. COMMISSIONER EBERT: She's behind you. It did say that,that they would not have them. MS.ASHTON-CICKO: I'm sorry,I didn't hear the question. MS.GUNDLACH: Would you like for it to be excluded? COMMISSIONER HOMIAK: I think it is. INTERIM CHAIRWOMAN AHERN: Well,my question is whether it needs to or if it's just covered by the LDC. MS.ASHTON-CICKO: For which part? Page 9 of 19 1612 A7 October 4, 2012 INTERIM CHAIRWOMAN AHERN: For excluding drugstores-- MR.MULHERE: It's in the LDC. INTERIM CHAIRWOMAN AHERN: --in the resolution. MS.ASHTON-CICKO: We can place it in there in case the LDC gets changed in the future. So if you'd like to do that,that's fine with me. INTERIM CHAIRWOMAN AHERN: Okay. COMMISSIONER KLEIN: The odds of a drugstore coming in to that size is very limited. INTERIM CHAIRWOMAN AHERN: Ray,do we have any registered public speakers? MR.BELLOWS: No one has registered. INTERIM CHAIRWOMAN AHERN: Is there anyone in the public that would like to come up and speak? UNIDENTIFIED AUDIENCE MEMBER: No,we're fine with him. INTERIM CHAIRWOMAN AHERN: Okay. At this point we'll close the public hearing and entertain a motion. COMMISSIONER BROUGHAM: I'll make a motion to approve with staff conditions and the Planning Commission conditions CU-PL20110001757 Mac Business Plaza. COMMISSIONER KLEIN: Second. MS.ASHTON-CICKO: Also,Mrs.Chair, I'd suggest on your conditional use conceptual site plan in the lower corner it indicates,lower right corner,proposed wall to be built in accordance with the LDC. And I'd suggest since the applicants disclosed to you that they plan to get an administrative variance that it indicate on there,however applicant intends to seek administrative variance. MR.MULHERE: That's fine. MS.ASHTON-CICKO: Since he's disclosed that,you've reviewed it. And unless you have an objection to that,I'd make that adjustment. MR.MULHERE: I just wanted to--is it okay to--did you-- INTERIM CHAIRWOMAN AHERN: Go ahead. MR.MULHERE: So I just wanted to say the three additional CCPC-- INTERIM CHAIRWOMAN AHERN: I was going to-- MR. MULHERE: Oh,you got it? INTERIM CHAIRWOMAN AHERN: --add those as well. Yes. We'll add the item Heidi just mentioned. We're going to change number one under the conditions from square footage to floor area. COMMISSIONER HOMIAK: And number two. INTERIM CHAIRWOMAN AHERN: And number two as well. We're going to exclude drugstores. No adult oriented video sales or rentals. No amplified sound after 10:00 p.m. And you will change the Exhibit B to the Eagle Lakes Park. MR. MULHERE: Got it. Good. INTERIM CHAIRWOMAN AHERN: Okay. MR.MULHERE: You did better than I could have. INTERIM CHAIRWOMAN AHERN: All in favor? COMMISSIONER KLEIN: Aye. INTERIM CHAIRWOMAN AHERN: Aye. COMMISSIONER VONIER: Aye. COMMISSIONER AHERN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. COMMISSIONER HOMIAK: Aye. INTERIM CHAIRWOMAN AHERN: Motion passes 7-0. Thank you. ***Next on the agenda is DOA-PL20120001160,the Town of Ave Maria. If everyone speaking on this item would stand to be sworn in. MR.BELLOWS: May I have a question? Page 10 of 19 1 Ler4, 20i2 1 6 INTERIM CHAIRWOMAN AHERN: Sure. MR.BELLOWS: These are companion items. Do you want to have them heard together? INTERIM CHAIRWOMAN AHERN: That would be great. (Speakers were duly sworn.) INTERIM CHAIRWOMAN AHERN: Thank you,Ray. The other item is SRAA-PL20120000705,also Town of Ave Maria. COMMISSIONER HOMIAK: Disclosures? INTERIM CHAIRWOMAN AHERN: Anyone have any disclosures? COMMISSIONER HOMIAK: I spoke to Mr. Passidomo briefly. COMMISSIONER KLEIN: Me too. COMMISSIONER EBERT: I also did. INTERIM CHAIRWOMAN AHERN: Phil? COMMISSIONER BROUGHAM: As did I,as well as Mr.Leung. COMMISSIONER VONIER: Staff. INTERIM CHAIRWOMAN AHERN: And I spoke to Mr.Passidomo as well. MR. PASSIDOMO: Good morning. INTERIM CHAIRWOMAN AHERN: Good morning. MR.PASSIDOMO: Madam Chairman,Commissioners,my name is John Passidomo. My address is 821 5th Avenue South in the City of Naples. Our firm represents RES Collier Holdings,LLC as landowner of a 21-acre parcel upon which Arthrex's 200,000 square foot manufacturing facility is being constructed in the Arthrex Commerce Park on Oil Well Road in the Town of Ave Maria. RES Collier Holdings is the applicant in the companion petitions in front of you as agenda Items 8.B and 8.0 this morning. Our transportation consultant is David Plummer and Associates and Mr. Steve Leung from the firm is available to respond to any questions you may have about the traffic impact statements knitted with our applications and circulated to you with your agenda packets. Our applications propose to amend the Town of Ave Maria Stewardship Receiving Area Master Plan and Development of Regional Impact,Development Order,Map H,to address--to add an access point to the Town of Ave Maria on Oil Well Road to and from the Arthrex manufacturing facility approximately 1,430 feet west of an existing approved access point at Arthrex Commercial Drive,as depicted on this overhead. And what you see here is Camp Keais Road on the far right,Oil Well Road running perpendicular to Camp Keais,as you well know,to the south. And to the two existing approved access points,both at Ave Maria Drive and Arthrex Commerce Park,depicted to the east. What is proposed is the Arthrex proposed entrance some 1,430 feet due west of what is existing and approved. The Arthrex manufacturing facility will,upon completion next spring,operate with three shifts per day, employing 250 people per shift.Arthrex anticipates an 85,000 square foot expansion to the facility with a total of 700 employees per day within five years of opening. Managing traffic circulation. Patterns around these shift changes,with only one point of access onto Oil Well Road,creates daunting challenges to what will be a major employment center. The proposed directional median opening on Oil Well Road will do three things: It will disburse traffic to and from the manufacturing facility to alleviate anticipated congestion during shift changes. It will divert traffic from the Oil Well Road/Arthrex Commerce Drive intersection,and it will significantly reduce major and minor street delays at that intersection. It will be limited to eastbound left-in and westbound right-in/right-out. The traffic impact statement provided to you demonstrates justification for the proposed directional median opening and indicates that it may provide or it may actually delay signalization of the Oil Well Road/Arthrex Commerce Drive intersection depicted on the overhead. Transportation planning staff has determined three things,and that's reflected in your staff report: First,that the proposed access point will not create an additional impact on the adjacent roadway network. Page 11 of 19 i 7 1612 October 4, 2012 Second,that it is consistent with Policy 5.1 of your transportation element of the Growth Management Plan. And third,that with the addition of the access point on Oil Well Road project traffic distribution may delay the need for a future signalization of the Camp Keais Road/Oil Well Road intersection,what you see depicted on the far right side of the overhead. The Regional Planning Council has determined that the map change does not create the likelihood of an additional regional impact,and the County Attorney has opined that the criteria described on pages four and five of your staff report guide your deliberations this morning. Based on that criteria staff has recommended approval and we would respectfully request your recommendation approval. Be happy to respond to any questions. INTERIM CHAIRWOMAN AHERN: Thank you. Questions from the Planning Commission? (No response.) INTERIM CHAIRWOMAN AHERN: Anyone? COMMISSIONER VONIER: My only concern would be the left-hand turn,the length of availability for left-hand turn cars so it doesn't block traffic on Oil Well Road.Because when they get up to 700 workers,that's going to be a long line,because all your traffic is coming from Immokalee Road. MR.PASSIDOMO: We share that concern. It is technically outside the scope of these proceedings,which is limited simply to the access point and the map change. COMMISSIONER VONIER: I agree. MR.PASSIDOMO: But we agree,we share that concern. And you'll see that the Traffic Impact Statement anticipates that there needs to be a sufficient length to that access point to make it work. INTERIM CHAIRWOMAN AHERN: And I'll just reiterate one point you and I discussed about the shift times that you were anticipating some people--or one of the shifts ending at 4:00. So it won't exactly coincide with rush hour. So I think that should help as well. MR.PASSIDOMO: We hope so. INTERIM CHAIRWOMAN AHERN: Any other questions? (No response.) INTERIM CHAIRWOMAN AHERN: Thank you. Kay? MS.DESELEM: Good morning. For the record,Kay Deselem,Principal Planner,Zoning. I also have me today John Podczerwinsky who can address any transportation issues that you may have. You do have copies of both the staff reports for the SRA amendment and the DRI amendment. They've been entered into the record. And I won't belabor the issues,you have them. If you have questions,I'd be happy to address them. INTERIM CHAIRWOMAN AHERN: Okay. Any questions of staff? COMMISSIONER BROUGHAM: Just one. I did receive copies,Kay,that you forwarded from Pulte Homes,and I forget the other one. But in any case,those two entities are supporting this petition and--oh,from Arthrex,excuse me. MS.DESELEM: Yeah,one letter is from Pulte Homes Corporation,the other-- COMMISSIONER BROUGHAM: Oh,Pacific Tomato Growers. MS.DESELEM: Yes,Pacific Tomato. COMMISSIONER BROUGHAM: Was there a neighborhood information meeting on this,or is that-- MS.DESELEM: The Land Development Code does not require a neighborhood information meeting for an SRA or a DRI petition. COMMISSIONER BROUGHAM: That's what I suspected,but thank you. INTERIM CHAIRWOMAN AHERN: Any other questions? (No response.) INTERIM CHAIRWOMAN AHERN: Ray,are there any registered speakers? MR.BELLOWS: No one has registered. INTERIM CHAIRWOMAN AHERN: Is anyone in the public that would like to speak on this item? (No response.) Page 12 of 19 16 1 October 4, 2012 COMMISSIONER EBERT: Can I ask one question of Mr.Podczerwinsky? INTERIM CHAIRWOMAN AHERN: Sure. COMMISSIONER KLEIN: Did you finish your breakfast,John? I saw you eating there. MR.PODCZERWINSKY: It's been such a fast meeting,I almost wasn't finished with it. Good morning,Commissioners,John Podczerwinsky,Transportation Planning. COMMISSIONER EBERT: John,I'm sure you have worked on this. Can you kind of give everybody an insight as to how this is going to work? MR.PODCZERWINSKY: I sure can. If you guys will take a look at the screen there,you'll notice the spacing that they show between the two driveways to the left,the two symbols to the left, 1,430 feet. And bear with me for a moment,I'm going to give you a copy of our Access Management Resolution. You'll notice in the second column from the right where it says full mile--full spacing,I should say. It would be--I'll point it out. For access class five,which is underlined there,the minimum spacing between driveways is 1,320 feet. And basically that's the criteria that we use to allow this new access with potential median opening that they're seeking there. We also did take a look at the traffic that they're going to put through that intersection,you know,through their private intersection,their private driveway,and we compared that to what would have otherwise gone through the Oil Well Road/Camp Keais intersection,and we realize that it relieves in part the future need for the signal. Probably will delay a need for a signal at the two public roadways, so--and it will reroute some of that traffic directly into the Ave Maria development at the Arthrex driveway instead of putting it through a public intersection,which would,you know,cause delays for us. COMMISSIONER EBERT: Okay. This is right-in--or left-in,right-out only; is there-- MR.PODCZERWINSKY: No, it should be right-in/right-out and a left-in. COMMISSIONER EBERT: Okay,right-in/right-out and a left. But is there a road where they can go around, in case they live in Ave Maria? There is an inner road where they can just go around and not even use that? MR.PODCZERWINSKY: I believe there is,yes. I believe it's accessible. If you go through the development,I believe you can actually access it from Camp Keais. COMMISSIONER EBERT: Very good. INTERIM CHAIRWOMAN AHERN: Any other questions? (No response.) INTERIM CHAIRWOMAN AHERN: Okay,we'll close the public hearing and entertain a motion. COMMISSIONER VONIER: Melissa,I move we accept DOA-PL20120001160,Town of Ave Maria SRA --do I have to add the SRA number to it? INTERIM CHAIRWOMAN AHERN: I think we need to do two separate motions. Correct,Heidi? COMMISSIONER VONIER: I move we accept that. MS.ASHTON-CICKO: Sure,we'll go ahead and do two motions,please. COMMISSIONER KLEIN: I'll second it. INTERIM CHAIRWOMAN AHERN: All in favor? COMMISSIONER KLEIN: Aye. INTERIM CHAIRWOMAN AHERN: Aye. COMMISSIONER VONIER: Aye. COMMISSIONER AHERN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. COMMISSIONER HOMIAK: Aye. INTERIM CHAIRWOMAN AHERN: Motion passes 7-0. COMMISSIONER VONIER: And the second motion, I move we accept SRAA-PL20120000705,Town of Ave Maria. COMMISSIONER KLEIN: Second. Page 13 of 19 161 a A7 October 4, 2012 INTERIM CHAIRWOMAN AHERN: All in favor? COMMISSIONER KLEIN: Aye. INTERIM CHAIRWOMAN AHERN: Aye. COMMISSIONER VONIER: Aye. COMMISSIONER AHERN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. COMMISSIONER HOMIAK: Aye. INTERIM CHAIRWOMAN AHERN: Motion passes 7-0. MR.PASSIDOMO: Thank you,Madam Chairman. I respectfully request that the consent agenda be waived so that we can move quickly on to the Board of County Commissioners. INTERIM CHAIRWOMAN AHERN: Yes,you may. MR.PASSIDOMO: Thank you. We've got a road to build. INTERIM CHAIRWOMAN AHERN: ***Okay,we're moving on to consent agenda. We have one item from our previous meeting,Mirasol. And that item is PUDZ-A-PL20120000303. COMMISSIONER BROUGHAM: Move to approve. COMMISSIONER EBERT: I have one quick question on this one. Nobody's here from--oh,okay. I have one question. INTERIM CHAIRWOMAN AHERN: You were sworn in prior,correct? MS.CRESPO: Yes, I was sworn in. Alexis Crespo with Waldrop Engineering. INTERIM CHAIRWOMAN AHERN: Hi,Alexis. I have one question each unit going to have their own garage? MS.CRESPO: Which type of dwelling unit are you referring to? COMMISSIONER EBERT: All of them. Because it talks about garages,and that's one question I forgot to ask but--at our other meeting. But it looks like there's garage mentioned as a use there,and I just--so there will be no outside parking per se if you-- MS.CRESPO: As currently planned per our preliminary site plans,the multi-family unit does include a garage feature. But we certainly would like the flexibility to do conventional multi-family without the garage in the future. COMMISSIONER EBERT: Okay. So on these,as you called them,or they called them row housing,there will be no garages with those,the townhome? MS.CRESPO: The townhome,which is a separate product type from the multi-family,will have a garage. COMMISSIONER EBERT: Okay. MS.CRESPO: Yes,ma'am. INTERIM CHAIRWOMAN AHERN: Does that address your concerns? COMMISSIONER EBERT: Yes, it does. Thank you. INTERIM CHAIRWOMAN AHERN: Okay, so we had a motion--oh,you have a question,Phil? COMMISSIONER BROUGHAM: No, I made the motion. INTERIM CHAIRWOMAN AHERN: Do we have a second? COMMISSIONER KLEIN: Second. INTERIM CHAIRWOMAN AHERN: All in favor? COMMISSIONER KLEIN: Aye. CHAIRMAN STRAIN: Aye. INTERIM CHAIRWOMAN AHERN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. COMMISSIONER HOMIAK: Aye. Page 14 of 19 1. 6 a October 4, 2012 COMMISSIONER VONIER: I'm abstaining because I wasn't here. INTERIM CHAIRWOMAN AHERN: Okay,motion passes 6-0 and one abstention. Thank you. And Bob,we'll move to your consent.CU-- MS.ASHTON-CICKO: The reason this is on the consent agenda is because on October 18th,which is your next meeting,I don't know that you mentioned this earlier-- INTERIM CHAIRWOMAN AHERN: I did. MS.ASHTON-CICKO: We're not having a meeting on the 18th. INTERIM CHAIRWOMAN AHERN: Yes. MS.ASHTON-CICKO: Okay,thank you. INTERIM CHAIRWOMAN AHERN: CU-PL201100017,Mac Business Plaza. I think everyone was sworn in,correct? MS.GUNDLACH: Correct. MR. MULHERE: So I'm assuming what we just need to do is reiterate the conditions that were attached to this. And one was to amend this note here to indicate that the applicant intends to seek an administrative variance for the landscaping wall. MS.GUNDLACH: And put the name of the park on the master plan as well. MR.MULHERE: Oh,yes,thank you. Eagle Lakes Community Park. Thank you. I was trying to absolve myself of that responsibility. And then we've handwritten in here condition number one will read: The maximum aggregate gross floor area. Condition two will be changed similarly,or in the same way. Condition four will have an additional sentence added: There will be no amplified sound after 10:00 p.m. And there will be a new condition six which says: There shall be no adult video/book stores. MS.ASHTON-CICKO: And there needs to be one more condition,that there will be no drugstores. MR.MULHERE: No? There will be no drugstores? I thought the exclusion in the LDC is that drugstores are not subject to the square footage. I mean,we're not planning on building one,but the LDC doesn't have a restriction on drugstores. So you'd be able to build it under the permitted use section. I thought that was the intent of the--did you want to eliminate our ability to build a drugstore,which is already a permitted use and isn't subject to the square-- INTERIM CHAIRWOMAN AHERN: No,I don't think that was the intent. MR.MULHERE: Right,that's what I thought. I thought there was a little confusion there, so-- INTERIM CHAIRWOMAN AHERN: No,my concern was-- MR.MULHERE: --I thought what you wanted was where it says the square foot limitations says excluding drugstores. INTERIM CHAIRWOMAN AHERN: Exactly. Exactly. MR.MULHERE: The same as it reads in the LDC. INTERIM CHAIRWOMAN AHERN: You got it. MR.MULHERE: So I don't think you have to add anything. INTERIM CHAIRWOMAN AHERN: Does anyone have any questions? (No response.) INTERIM CHAIRWOMAN AHERN: Do I have a motion to approve the consent? COMMISSIONER HOMIAK: I make a motion to approve. COMMISSIONER EBERT: Phil had done that. COMMISSIONER HOMIAK: Sony. INTERIM CHAIRWOMAN AHERN: Okay,Phil made a motion to approve the consent. Do we have a second? COMMISSIONER KLEIN: Second. INTERIM CHAIRWOMAN AHERN: All in favor? COMMISSIONER KLEIN: Aye. INTERIM CHAIRWOMAN AHERN: Aye. Page 15 of 19 161 2h7 October 4, 2012 COMMISSIONER VONIER: Aye. COMMISSIONER AHERN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. COMMISSIONER HOMIAK: Aye. INTERIM CHAIRWOMAN AHERN: Motion passes 7-0. Thank you. Okay. There's no need for consent;we waived on Ave Maria. ***Old business? We were going to review some LDC amendments,and that is being continued to the November 1st meeting. ***New business? I want to bring up to the board for the Hussey approval or--I apologize,the Hussey settlement agreement,thank you,Phil had mentioned this at one of the our previous meetings,that we would like to not hear this until we had a full board.And I think staff needs direction on whether to bring that before us. So I wanted to see if we could get a consensus of the board to-- COMMISSIONER EBERT: Full board. INTERIM CHAIRWOMAN AHERN: --not bring that forward to the Planning Commission until we have a full board seated. COMMISSIONER VONIER: I would agree with that. COMMISSIONER HOMIAK: Heidi's got something. INTERIM CHAIRWOMAN AHERN: Oh,sorry,Heidi. MS.ASHTON-CICKO: I don't know that we can honor that commitment. I mean,you can recommend that you don't want to hear it but, I mean,we have a settlement. We don't want to wait months and months and months until decisions are made. So you could maybe schedule it in November, if you want. But I know that Mr.Klatzkow had asked that it go forward in October. COMMISSIONER EBERT: What? MS.ASHTON-CICKO: You're talking about the Hussey settlement. INTERIM CHAIRWOMAN AHERN: Correct. MS.ASHTON-CICKO: Yes. INTERIM CHAIRWOMAN AHERN: It is not currently on the agenda. MS.ASHTON-CICKO: But I don't know when-- COMMISSIONER EBERT: Wait,wait. It's not on our agenda,but we don't have very much information on this. We got that one-- MS.ASHTON-CICKO: Well,you're not hearing it today. COMMISSIONER EBERT: I understand. But Heidi,we got one little package. I think we need to--I was not on this board when that was originally heard. I don't know, I just think we need some more information on this. COMMISSIONER BROUGHAM: Melissa,if I might? MS.ASHTON-CICKO: Well,you will get more information. You don't have your package yet,and staff is in the process of preparing an analysis to be provided. INTERIM CHAIRWOMAN AHERN: Heidi,you said to move forward in October,but we don't have anymore meetings scheduled, so-- MS.ASHTON-CICKO: The next one is the 30th. I know that Mr. Klatzkow-- INTERIM CHAIRWOMAN AHERN: No. COMMISSIONER EBERT: That's a workshop. MS.ASHTON-CICKO: --has recommended it be heard in October. COMMISSIONER HOMIAK: It's not a workshop. MS.ASHTON-CICKO: No,it's not a workshop,it's a special meeting. But,you know, staff is who's setting the schedule. So I guess Mr.Bosi's more appropriate to answer the scheduling question. MR.BOSI: I'm not sure if I'm able to solve this problem. I just wanted to reiterate a statement that Mr. Weeks had made when he provided the package to you at the AUIR hearing last Friday. It was--that package that was provided was the same package that was provided to the Board of County Commissioners related to the issues. Staff is preparing some additional information,charts,relative to the intensities of the locations of both Page 16 of 19 A7 tola October 4, 2012 proposals and some of the other issues surrounding the settlement. And also providing some guidance--guiding statements towards how the Planning Commission should be reviewing the settlement based upon the pl-view of the Planning Commission. That's in the process of being formulated. So I think the 18th would have been too premature to--it's--we're kind of stuck in a rock between a hard place. The Planning Commission would like a full membership seated.We're not quite sure when that membership is going to be completely seated,based upon the actions of the board. So that's an unknown. The one known that we do know is that the County Attorney's Office would like to see this moved at somewhat of a more--of a brisk pace without an uncertainly towards the delay within there. What I would suggest,or what we'll do as staff, is we'll get together and put that additional information,get that to the Planning Commission's hands towards where you'll have the ability to have some additional information, additional guidance in terms of how we're going to review it. But based upon the need for action on this item related to the other--the residual issues that are associated with it,I would suggest or would recommend that meeting of the 30th for the EAR-based amendments that we have a little bit more of a concrete discussion. I think we--based upon the County Attorney's Office,we need to hear this. So I'm not sure if we can put this off indefinitely. Based upon that,there will be opportunities between your two meetings in November to hear the item. And obviously,you know,I can't force the Planning Commission to hear it,the item,or acknowledge that you want to receive the item,but there has--there is some consideration I'm sure on the Planning Commission's part about the situation and the views of the County Attorney's Office regarding this issue. So what I think is we probably need a little bit more debate and discussion on the merits of moving forward. INTERIM CHAIRWOMAN AHERN: Phil? COMMISSIONER BROUGHAM: Heidi,what's the legal notice required for placing something on the agenda as far as public notice is concerned? MS.ASHTON-CICKO: There's no legal advertisement requirement,so it can just be placed on the agenda and noticed like any other regular non-advertised agenda item. COMMISSIONER BROUGHAM: There is,if we potentially would hear this on the 30th--and I think what the elephant in the room is,what decisions are going to be made at the next BCC meeting concerning the advertised vacancies on the board. We could add this for the 30th,if that's appropriate and we all get the necessary background information from staff. Because that would have at least been through at least one BCC hearing and potentially they could fill the vacancies at the next BCC meeting. There's also the potential obviously that they could not. And we can't continue to beat the drum forever on this. I exchanged several emails in the last couple of days with David Weeks and Ray and Mike along the same lines,we need additional--in my opinion,additional guidance from all parties as to exactly what the Planning Commission is being asked to review and what authorities do we have even to make suggestions. Because as I understand it,it's a legal settlement that was negotiated between the two parties. Everyone's agreed to the conditions in the settlement. And I'm not quite sure,and that's why we need guidance as to can the Planning Commission legitimately recommend to change conditions in a settlement agreement? I'm not saying one way or the other,but those are the gray areas that I think we really need some advice from staff on. INTERIM CHAIRWOMAN AHERN: Paul? MS.ASHTON-CICKO: Well,your first question was when are the applications going back to the Board of County Commissioners. And at least at the last meeting the direction was that it be--the vacancies be advertised and brought back to the last meeting in October. COMMISSIONER BROUGHAM: Right. MS.ASHTON-CICKO: So assuming it's still on schedule,that would be the 25th. MR.BOSI: 23rd. MS.ASHTON-CICKO: Oh,23rd that the BCC would hear that again. So you could potentially have a full board at the next meeting. The other question as to what's the scope of your review for the Hussey settlement,I don't think the board is looking for you to look at it and weigh all the merits of the settlement,you know,the fiscal impacts and all the implications. I think what they're looking for is for you to look at both the sites that are involved in the settlement and look at things that you would ordinarily look at like compatibility and consistency with the other provisions of the Page 17 of 19 e A ? 6 October 4, 2012 Land Development Code and the Growth Management Plan and see if there are any stipulations or anything that you think need to be added. If you think that those kind of land use changes should be made to each--the site. So it's kind of what you would typically do what you analyze things that come before you and not so much as looking at,you know,the whole deal. INTERIM CHAIRWOMAN AHERN: Does that answer your question,or help? COMMISSIONER BROUGHAM: Yeah. I'm looking forward to the staff analysis that's going to be forthcoming with basically a score card on TDR's and so forth and so on and so on. And I think that will help. INTERIM CHAIRWOMAN AHERN: Paul? COMMISSIONER MIDNEY: Yeah,I would like to request-- I have a conflict for the 30th. Could we move it to the regular meeting on November 1st,two days later? COMMISSIONER EBERT: Yeah. MS.ASHTON-CICKO: That's fine. COMMISSIONER EBERT: If we have to hear it that soon. INTERIM CHAIRWOMAN AHERN: Correct. COMMISSIONER BROUGHAM: Well,we can't-- COMMISSIONER EBERT: I understand. I understand where everybody is coming from. COMMISSIONER BROUGHAM: Melissa,is there a consensus then on November 1st? INTERIM CHAIRWOMAN AHERN: Do we have a consensus on November 1st? So hopefully we'll have a full board seated in October. COMMISSIONER BROUGHAM: Gives everybody a target then. COMMISSIONER VONIER: When can we anticipate getting the report from Weeks? COMMISSIONER BROUGHAM: Go ahead and commit for him. MR.BOSE: Well,it will have to at least--it will have to be at least two weeks.I mean,it has--we'll have to give you at least two weeks before the 1st so the deadline that we're going to place on Mr.Weeks'schedule. We'll have that information to you,you know,with at least two weeks to be able to factor into your considerations. COMMISSIONER BROUGHAM: That will be delivered or emailed separately? I mean-- MR. BOSI: It will be provided to you hard copy or electronically,based upon the availability of staff. We'll make sure. If it's up until the last minute,we will email the electronic version and follow it with a hard copy. INTERIM CHAIRWOMAN AHERN: Okay. Anything else under new business? (No response.) INTERIM CHAIRWOMAN AHERN: ***Any public comments? No one's here. ***Discussion on addenda,we already did. So do we have a motion to adjourn? MR.BELLOWS: I have one quick question. INTERIM CHAIRWOMAN AHERN: Sure. MR.BELLOWS: On our discussion early this morning on the future meetings,the October 18th meeting,we don't have any items. I just wanted to officially have it announced that there will not be a meeting. INTERIM CHAIRWOMAN AHERN: We will officially announce we will not have a meeting on October 18th. And we will meet next on October 30th for the GMP amendments. Okay? Motion to adjourn? COMMISSIONER VONIER: So moved. COMMISSIONER HOMIAK: Second. INTERIM CHAIRWOMAN AHERN: We are adjourned. Thank you. Page 18 of 19 A7 16 I October 4, 2012 There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 10:04 a.m. COLLIER COUNTY PLANNING COMMISSION ME*IS ,A l HERN, t: im'airws These minutes approved by the board on I Q1(I dOl as presented ✓ or as corrected Transcript prepared on behalf of Gregory Reporting Service,Inc., by Cherie'R.Nottingham. Page 19 of 19 16L2 AZ D C 3 1 SPECIAL AGENDA D JAN 02 1012 L/ COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., TUESDA OCTOBER 30,2012, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRA t' •••BUILDINC.,...COUNTY GOVERNMENT CENTER,THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE Fiala Hiller ✓)/ 2. ROLL CALL BY SECRETARY Henning 7 /7 Coyle Coletta 3. PLANNING COMMISSION ABSENCES 4. ADVERTISED PUBLIC HEARINGS A. Various Ordinances of the Board of County Commissioners proposing 2011 Evaluation and Appraisal Report (EAR) Based Adoption Amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Capital Improvement Element, Transportation Element, Sanitary Sewer Sub- Element, Potable Water Sub-Element, Drainage Sub-Element, Solid Waste Sub-Element, and Natural Groundwater Aquifer Recharge Sub-Element of the Public Facilities Element, Housing Element, Recreation & Open Space Element, Conservation and Coastal Management Element, Intergovernmental Coordination Element, Future Land Use Element and Future Land Use Map and Map Series, Golden Gate Area Master Plan Element, Immokalee Area Master Plan Future Land Use Map, Economic Element, and Public Schools Facilities Element, and furthermore recommending Transmittal of these amendments to the Florida Department of Economic Opportunity.[Coordinator: Corby Schmidt,AICP,Principal Planner] Misc.Corres: 5. ADJOURN Date: "1 lc\113 Item#: 2114r1 Copies to: CCPC Agenda/CorbySchmidt/mrk G:ICDES Planning Services\Comprehensive12011 EAR-BASED GMP AMENDMENTS\CCPC Adoption - EAR-based GMPAs\CCPC AGENDA -2011 EAR-Based GMPA Adoption_cs.docx 1 a 1612 2 October 30, 2012"Special CCPC/EAR"meeting TRANSCRIPT OF THE,E.A.R.,MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples,Florida October 30,2012 LET IT BE REMEMBERED,that the Collier County Planning Commission,in and for the County of Collier, having conducted business herein,met on this date at 9:00 a.m. in SPECIAL SESSION in Building"F"of the Government Complex,East Naples,Florida,with the following members present: Melissa Ahern,Chairwoman Phillip Brougham Diane Ebert Karen Homiak Barry Klein Paul Midney Bill Vonier ALSO PRESENT: Heidi Ashton-Cicko,Assistant County Attorney Ray Bellows,Zoning Manager Thomas Eastman,Real Property Director,CC School District Page 1 of 15 16 1 2 A7 October 30, 2012 "Special CCPC/EAR"meeting CHAIRWOMAN KEENE: Good morning,everyone,and welcome to the special meeting of the Collier County Planning Commission. If everyone would rise for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRWOMAN KEENE: Roll call. COMMISSIONER HOMIAK: Mr.Eastman? MR. EASTMAN: Here. COMMISSIONER HOMIAK: Mr.Midney is absent. I don't know if Mr.Rankin is supposed to be here,or does he start another day? MR.BOSI: The 1st. COMMISSIONER HOMIAK: Oh,he starts on the 1st? Then he's not absent. Mr.Vonier? COMMISSIONER VONIER: Present. COMMISSIONER HOMIAK: Ms.Keene,is that your name now? CHAIRWOMAN KEENE: Yes. COMMISSIONER HOMIAK: Ms.Homiak is here. Ms.Ebert? COMMISSIONER EBERT: Here. COMMISSIONER HOMIAK: Mr.Klein? COMMISSIONER KLEIN: Here. COMMISSIONER HOMIAK: Mr.Brougham? COMMISSIONER BROUGHAM: Present. CHAIRWOMAN KEENE: Does anyone know if they will not be at Thursday's meeting? (No response.) CHAIRWOMAN KEENE: And I understand Mr. Rankin will be here as well,so we will have a quorum. And at this point we'll move on to the EAR. I understand we have someone from,I apologize, AHAC that wants to make presentation? MR.BOSI: Yes,we have the chair of the Affordable Housing Advisory Committee. He's going to describe a little bit. One of the policy changes that we have within the housing element relates to our previous policy that indicated a fixed number of affordable housing was going to be added by the county on a yearly basis,and a lot of discussion about how that number was arrived upon and whether there was legitimacy and how we had confidence within that specific number. We've since modified that approach and introduced the concept of developing an indexing methodology to have a better barometer for the need of affordable housing. And the chair of Affordable Housing Advisory Committee will be able to make that presentation to talk a little bit more about,you know, the underpinnings of how that approach is going to happen. I have a very short introduction presentation for the EAR and then we can transition that way or we can go straight to that--the housing presentation. CHAIRWOMAN KEENE: If you want to go ahead,that's fine. MR.BOSI: Okay. My name's Mike Bosi,Interim Director of Planning and Zoning. We're here to adopt or make a recommendation on the adoption of the EAR-based amendments. The EAR-based amendments are based upon the evaluation and appraisal report that is required by Florida Statutes 163.3191,and requires each jurisdiction in the state to perform an evaluation of your Growth Management Plan. It evaluates the performance of the elements of the GMP,your elements of--your future element, your economic element,your transportation element,your public utility element,various elements that deal with all the components that general purpose county government provide. It tries to assess the successes and the shortcomings and provides the opportunity for the local plan to respond to changes in federal, state or regional planning requirements. And it's a two-part process. Page 2 of 15 161 2 A7 October 30, 2012 "Special CCPC/EAR"meeting And happy to say,we are at the end of the second part of this process. And it's a pretty lengthy--I'm just going to touch base,just a reminder to the Planning Commission of the work that we performed to get to this state. The first part of the process was the adoption of the EAR report. That was adopted by the Board of County Commissioners in January 31st of 2011. And the second part is actually the implementation of the adopted EAR report,implementing the amendments that were implicated within that report. We are at the adoption stage of those GMP EAR-based amendments. And we have--so we're at the final stages for the Planning Commission. Where have we been? Actually,this process started back in August of 2009. We met with the Regional Planning Council and discussed the county's approach to the EAR,had intergovernmental meetings with all the various local governments,municipalities within Southwest Florida. Within December of 2009, the Board of County Commissioners established a letter of understanding with the former state planning agency,that's the Department of Community Affairs,in terms of what the EAR was going to cover. From that we started a series of public meetings going out to various locations,geographic areas in the county, inviting the public to come and provide comments and feedback on some of the concepts within the Growth Management Plan and what they would like to see within that regulatory fabric. The first meeting was in January at the North Regional Park. In February of 2010 we were out at the agricultural extension,IFAS center. And in March of 2010 we were at this very room. That was the beginning part,talking to the community,finding out what their preferences were and what their perspective was relating to some of the growth policies within our Growth Management Plan. From April through July of 2010 staff went through and made the individual assessments of each individual elements,goals,objectives and policies. Staff made the assessment based upon practical knowledge and expertise within our area of subject matter,but also incorporated some of the comments from the public within those overall assessments. Then we conducted a workshop with the Environmental Advisory Council,and then a workshop with the Planning Commission back in the late summer of 2010. Sent a copy of our draft EAR report to the Department of Community Affairs. Department of Community Affairs made some comments back in October of 2010,and then we started the adoption process for that EAR report. That EAR report was recommended for adoption back in November of 2010 by the EAC.The Planning Commission,their EAR adoption was December of 2010. And as I mentioned,the Board of County Commissioners adopted the EAR in 2011,January 31st. It was accepted by the Department of Community Affairs and that completed our first phase. That was part one. We were done,wrapped it up. All right,now the actually dues start. The EAR report says here's all the things that we need to change based upon our assessment within the EAR report. The second part is actually making those changes. And that started with a workshop with the Planning Commission back in October of 20--a year ago today,or a year ago this month. In December we had our transmittal hearing for the actual Growth Management Plan amendments that were environmentally based with the EAC,and they made a recommendation to the Planning Commission and also to the Board of County Commissioners. The Planning Commission had three public hearings on the transmittal of the EAR-based amendments. January 26th,February 16th and March 16th we spent an extraordinary amount of time scrutinizing the proposed amendments contained within the transmittal package,made the recommendation-- made those recommendations,modifications as the Planning Commission desired to the Board of County Commissioners. The Board of County Commissioners made a recommendation or made a motion to adopt as recommended by the Planning Commission,and we sent that off to the Department of Economic Opportunity. The new--the new title for the state planning agency. On July 6th we received the ORC report from the DEO regarding our proposed EAR-based amendments. Not only the DEO,but the state reviewing agencies like the Department of Environmental Protection,the Department of Transportation. In September of this year,last month,we were before the EAC,and for the adoption hearing with the EAC. And they made a recommendation to the Board of County Commissioners regarding the changes that Page 3 of 15 ,�� A7 October 30, 2012 "SpeciattAI Al . neetin g were initiated from when we transmitted towards what was being proposed for adoption. And those changes are being based upon--they're based upon that ORC report that we received back in July. Where we're going? Obviously we're here today on the--December 7th,the--that actually--that actually,that slide is incorrect. We're going to the Board of County Commissioners--I was a little delayed on my slide. We're going to the Board of County Commissioners on December 11th. So the recommendation that's going to made from the Planning Commission will be at the board's regular hearing on the 11th. And we're anticipating by January 31st of 2013 we can complete the majority of the EAR-based amendments. Just a heads up,there's one other component that was allocated within the EAR report that is going to be part of the EAR-based amendments,but they're in a cycle that is lagging,the majority of them. And those are the rural land stewardship five-year report. Just had a meeting at the Board of County Commissioners' last public hearing,they provided some clarification for how we're moving forward. The Planning Commission is--we're going to start with the Planning Commission. Early of 2013 we're going to start with a workshop. We understand that those amendments are very significant, somewhat complicated. Instead of just throwing a transmittal hearing at you,we're going to have a workshop to get you familiar with the concepts,with the processes,how these amendments were arrived upon,so they'll be a better backdrop so when the Planning Commission does receive those RLSA amendments there will be much more of a concept of understanding of where the motivation and how these amendments were arrived upon. But that's for another meeting. And that will be something we'll provide you a little bit more of a definitive road map as we develop that and the project management plans for that. What are we here for today? Today we're really to talk about the changes that were in--that are in your packet that were based upon the ORC report from the Department of Economic Opportunity. We're not going to go back and review every single amendment that was transmitted at your transmittal staining. What we're going to focus upon is what's different.You already said from three public hearings back at the beginning of this year you're comfortable,you agree with the language that was being transmitted. So today's meeting really focuses on let's change from what was recommended for transmittal by the Planning Commission towards what's within your adoption package. And what you're going to see is there's not a prolific amount of areas where there's a divergence from what the Planning Commission had recommended. But I wanted to provide is just a context of an understanding for the Planning Commission and for the general public to understand that this has been a very long,it's been a very public inclusive process,and there's been a tremendous amount of deliberation in hours of time that's been spent from the Planning Commission on these items. And this is that final step. The majority of the rest of the meeting we're going to--I'm going to turn it over to Mr. Schmidt,who is the project manager and has done an excellent job of coordinated--a tremendous amount of information from a number of different sources. It was a difficult task but he's proven to be up to the challenge. And with that,I'll turn it over to Mr. Schmitt. CHAIRWOMAN KEENE: Thanks,Mike. MR. SCHMIDT: And I know you're not waiting for me with bated breath. You do have a speaker this morning who wanted to address you on a topic,and I'll let him speak first. CHAIRWOMAN KEENE: Thank you. MR.RUBY: Good morning. For the record,my name is Steven Ruby. I am the chair of AHAC. I've been chair of AHAC for five years. For those of you who don't know me,I'll give you a 30-second background. By profession I'm an architect and urban planner. For the past 30 years my specialty has been affordable and work force housing. I am a housing consultant. I have practiced for the past 30 years in the eastern half of the United States primarily doing strategic planning and policy,developing and implementing policy for municipal governments and housing agencies in the eastern half of the United States. In Washington DC,Baltimore, St. Louis,some of the largest housing agencies in the country. I got involved with AHAC because I thought I had some expertise and understanding of best practices around the country and I thought I'd like to bring them home to my home. So that's why I'm here. What I'd like to do is very focused today. I'd like to talk about objective one of your housing element. Page 4 of 15 loLA ? October 30,2012 "Special CCPC/EAR"meeting There has been some questions that is a rather drastic change from what we have done before. Now if I can figure out how to operate your machinery. We've edited this rather extensively over the past year that. We had a subcommittee,formed a subcommittee to review this and several other strategies for affordable and workforce housing in the county and looking at the Land Development Code and how it relates to these things. Our position on objective one is fairly simple. We believe it was an objective based on very strict static fixed gap. The metrics were frozen--a snapshot in time. It was at a time when there was great demand and great cries over affordable housing. We had high housing costs. Very difficult to afford housing. Either rental or homeownership. So it was done under a crisis situation. We believe that those numbers at that time were frozen and they were very aggressive. And we've never achieved them. Consequently,there's been a lot of pushback both from the County Commissioners, from the industry,from the housing industry,from the public about them really being a good metric,those numbers that were frozen in that objective. Because they were never achieved. Was there that kind of demand and were we overkilling here? We believe that that was probably true. And it wasn't representative.And it didn't do us any justice in the long haul to promote affordable workforce housing. The objective that we're proposing is a process base,not a metric base. We feel that this strategy needs to be responsive to market changes. It needs to be driven by the market and how the market is changing,trends in the market. It needs to be monitored frequently,almost on a quarterly basis,just to see where those changes are. It needs to be flexible with regard to the changes in the market. So those numbers need to move around and the methodologies and the type of housing you are incentivizing and promoting needs to change in response to market conditions. And we believe that it is the basis for actions that Board of County Commissioners and yourself would take in order to solve any problems or any changes in the market. Okay, so what are we proposing in this objective? It really consists of three elements. The first one is a method to monitor the market trends and their impact on the housing affordability. It is what we call the gross index. It's a way of determining both homeownership and rental markets and changes. We believe that this--we need to use very respectable,reliable and easily attainable data. It shouldn't be a burden for any of the staff. It needs to be something out there,data that is out there that we can rely on,it is proven, it's easily accessible and it's updated frequently. It really is a function of cost of housing and the family income. Those two need to balance each other. And that's what affordability is. If income isn't going up proportionate to housing,it ceases to be affordable. So you need to monitor both family income and housing. And we think quarterly is probably an adequate way of doing this monitoring. So that first element is an indexing methodology that will tell us when market conditions are changing and when we need to take action and when we don't need to take action. Then we need a method of determining the extent of the need. We determined there is a need. What is that need? And that's really a serious of data mining. We need to develop a methodology for data mining. Again,it isn't a burden on the staff. There are statistics that are produced by agencies in the federal and state government that have all this data. It's a matter of forming a methodology to capture it and evaluate it very quickly with algorithms that will evaluate it very quickly. The two things we really want to look for is the quantity of housing and the tenure of housing. Where is the need? Is the need in rental? What is the magnitude of it? Are we talking about 1,000 units, 500 units a year,200 units a year? We haven't really been able to put our arms around that since I've been on the AHAC. It's always been very fuzzy as to what the real demand and need is. It's based on a lot of urban legend more than anything else. The last component is a readily available bank of tools and incentives for that housing production. And we've bantered about for the past five years a whole bunch of incentives,modifications for Land Development Code,to your--to housing density bonuses,all kinds of things. We don't know what they all are and what's appropriate,but they need to be a package that the Board of County Commissioners can easily trigger based on what--this analysis of item one and item two, it determines how many units do we need and Page 5 of 15 1612 ? October 30,2012 "Special CCPC/EAR"meeting are they rental units,are they homeownership units and what do we need to do in that market condition to incentivize the public sector and to perform public private partnerships to be able to incentivize the production of it. And where should it be during that time? So those are the kind of three major elements that we believe should be that objective one. I want to show you something that we have been toying with with staff. This is a very preliminary methodology for determining affordability of a homeownership. We haven't done the rental yet. This chart's a little bit complicated. Up the side are numbers from zero to 450. Across the bottom are the corridors that start from 1991 and run to 2011. The blue line is the median sales price of housing in Collier County between'91 and 2011. And you can see where we picked from where the bubble was. The red line is what we call housing opportunity index. And that's read in percentage,not in dollars. The blue line is in dollars,the red line is in percentage. And then the green line is your median income in dollars. As you can see,the median is pretty much flatlined all the way along,even though the housing index price has gone up and down. That red line is a piece of data that I can get you in five minutes. Every quarter it's updated by the National Association of Homebuilders in partnership with Wells Fargo,and they have all on criteria that they monitor on a county by county,district by district basis all over the country,and they will tell you how affordable housing is in that previous quarter. As you can see,that percentage was consistently between'91 and 2001,you know,in the 70's, low 70's,which we felt was probably realistic. It wasn't at that--what happened in 2001 was interesting. It dropped. It started dropping in the third quarter of 2001. What's interesting is if you look at when we began to put into place methodologies and incentives to handle the housing market,handle the affordable housing market and when we started making amendments to the Land Development Code was in 2005,a full four years after you could have figured out that it was starting to drop. Our position is we need a methodology--and I'm not saying this is going to be our final methodology. We need some indexing method like this that you can begin to see a drop. That doesn't tell me how many houses I need to build or what kind,but it tells me we have a problem and it tells County Commissioners we need to put this on our radar screen and begin to do something with it. And the staff needs to start ratching it up to determine the need at that time,the type of housing and which of those incentives that we already put in place need to be triggered to solve that problem. So that's what that housing index is. We're going to develop one on rental housing as well. Okay, so what are the next steps? We need to develop those three elements in the overall strategy: The market trend indicator,which I've given you a sample of;the demand analysis methodology,which data mines so we know what type of housing we need. And develop the tools to incentivize production when we need those tools. Our time frame. We say we're working with staff between now and 2014 is the time frame. So we have about 18,20 months before this gets off. And it's going to require a coordination of various departments in the county and various advisory boards. And I know we--AHAC has one member from the planning commission that used to sit on our board, in case there's a tie,but we like to develop a greater cooperation between the two boards with regards to the development of these elements. So that's an explanation of objective one,why we propose such a drastic change to objective one. If you have any questions,I'd be glad to entertain them. CHAIRWOMAN KEENE: Does anyone have any questions? COMMISSIONER VONIER: Your curves, in constant dollars? MR.RUBY: Yes. CHAIRWOMAN KEENE: Thank you. MR.RUBY: Okay,you're welcome. MR. SCHMIDT: And Madam Chairman,because the housing element is not one of those that are addressed in your ORC response,you do have a speaker,so I suggest you take her at this time. CHAIRWOMAN KEENE: Marjorie? Page 6 of 15 1612 2 47 October 30,2012 "Special CCPC/EAR"meeting STUDENT: MS. STUDENT-STIRLING: Thank you,Madam Chair,members of the Planning Commission. I just want to take this opportunity. As you know,we had some concerns about what's now Policy 110,and the specificity of the language. However,Habitat's decided that we want to work with staff in the future to see how that flushes out in implementation of the provision of the comp.plan,and so we just want to take this opportunity to thank the Planning Commission and staff for working with us,and thank you. CHAIRWOMAN KEENE: Thank you. MR. SCHMIDT: All right then. CHAIRWOMAN KEENE: You're up. MR. SCHMIDT: If you could direct yourselves to the ORC response document. At your pleasure, page by page or element by element. It's broken down into four categories. And on that first page,we tried to simply introduce them. The first section or category were those changes in direct response to comments made by the Department of Economic Opportunity. And there are other state agencies and regional agencies that are given the opportunity to respond as well to our transmittal of the proposed EAR-based amendments. The second section addresses those comments. The third grouping are those changes made to extension of other comments,staff observations and so forth that add to the response document so that we can show it to you and to the Department of Economic Opportunity. And finally there's a small number of elements like the housing element that had no changes proposed for any of those reasons to respond to comments or otherwise. So at your pleasure,we'll start and simply go into the first. CHAIRWOMAN KEENE: Okay. MR. SCHMIDT: The Future Land Use Element then with a comment directly from DEO talked about a number of listings and a planning horizon regarding portions of the Future Land Use Element, including maps. And I believe if you have questions about it,it's rather minor,but if you have questions about it,Mr.Weeks is here to address that. CHAIRWOMAN KEENE: Does anyone have any questions? COMMISSIONER HOMIAK: Just the draft of the map just in the upper left-hand corner,the date will change to 2012-2025,or-- MR.WEEKS: For the record,David Weeks,Comprehensive Planning Staff. That's correct. The only change to the future land use map regarding this comments is simply the time period as you stated. COMMISSIONER HOMIAK: It wasn't on there,but this will be--that's it. That will be the only change. MR.WEEKS: Correct. The present time period is-- COMMISSIONER HOMIAK: 2006 to 20-- MR.WEEKS: Right. So we're just moving the years out. COMMISSIONER VONIER: David,I talked to Mike this week and I asked the question,why don't we show Ave Maria on the land use map.It's obviously a land use and it's there and it's a reality. And it has so much impact on our county and yet you look at the land use map and it looks like they aren't even in existence. MR.WEEKS: Well, it's not one of the land use categories. And I will tell you that as part of the future land use map series,because that's the county-wide future land use map and then we have a whole series of maps that show particular areas,on the rural land stewardship area we do show Ave Maria,as we would show additional SRA's, if they are approved in the future. COMMISSIONER VONIER: All right. MR. SCHMIDT: All right,under the same category from the same comments from the department, changes are being made to text in the transportation element,as well as changes to their mapping. COMMISSIONER VONIER: I have one question on that,Corby. Are those dollars 2012 dollars or are they 2035 dollars? The needs in dollars that's indicated,are they current dollars or have they been Page 7 of 15 1612 7 October 30,2012"Special CCPC/EAR"meeting indexed? MR. SCHMIDT: See the figures you're referring to. I would answer that they're in-- COMMISSIONER VONIER: In numbers. MR. SCHMIDT: --current dollars with real numbers. COMMISSIONER VONIER: It's not chump change. MR. SCHMIDT: Not at all. And if I'm speaking in error on that,Reed Jarvi is here.If he nods on that,I'm good on that. CHAIRWOMAN KEENE: You're good. COMMISSIONER VONIER: So what do you say they are? MR. SCHMIDT: They're current dollars. Extending further from same comments,you have text references to that same mapping to talk about other items in the AUIR,changes and references to statute and so forth. Again,fairly straightforward. That takes us to comment two from the department. And here it was as a matter of looking at references to Rule 9J-5,which is found in a number of places,as you see. The specific reference here was pointed out and there are pages and pages of other references to it. And if I go immediately to that,for instance drainage sub-element Policy 6.3,but begin to see where we're referring to other sections of code. Here not 9J-5 necessarily,but another one they ask about being specific in changing. Then the Future Land Use Element--and I'll stop there for the moment with Policy 2.4. Because the transportation element text is a bit different. All right. With Policy 5.8 there was language being referred to that again with change in statute and House Bill 7207,that the language would also need to be changed if we were to maintain concurrency for transportation projects. And there is a policy there in transportation element 5.8 with a quick reference to the proper terminology,and then again in a subsection where 9J-5 is referenced. All right? Now,additional pages of other locations throughout the Growth Management Plan. A number of elements including a capital improvement element,FLU--I'm sorry,the Future Land Use Element,the Golden Gate Area Master Plan. And I'm looking at--still flipping pages. Until we get to Policy 5.4 of the transportation element. Those are other locations staff was able to locate where Rule 9J-5 was an alternative reference,and with the assistance of the County Attorney's Office finding the correct references to state there now. Okay? COMMISSIONER BROUGHAM: Seems like,Corby,that most of these to date anyway are or this morning are mostly editing in response to changes in--from the state. I mean, it's going through and correcting references to be current with-- MR. SCHMIDT: I think that speaks to the success of the transmittal documents. When you reviewed them,they were approved by the county commissioners and all the staff that worked on them. The thoroughness that we were able to receive,just comments back from the state and those other agencies,and almost all,as you see,are minor edits,technical changes that we may have missed in some cases,or as with these last few pages extensions of a larger comment. So I think they--the majority of them are like that. COMMISSIONER BROUGHAM: You'll point out where they were not--or where they went beyond editing and substantive changes being made that we sent to them. MR. SCHMIDT: I think the next one is one of those. I believe I'm up on Page 10 with comments number three regarding the transportation element. If I have my page right. I'm working from another version.Thank you. But the comments from the state talking again about results of House Bill 7207 and the loosening of the requirements for concurrency management and the county has chosen to maintain concurrency management for transportation projects and transportation planning. And if we were to do so,the language in the transportation element,as well as the--another location would need to be revised. Because of the amount of changes involved there,not just a small edit for a few of them, some actual authoring,some creation of language to use,and reference to the statute itself where we would draw up some of that language from. The state gives us the opportunity to make those changes not just now but also in the next year so we have time to do so,and probably an opportune time to tell you that our next year is not seven years away but Page 8 of 15 A7 October 30, 2012 "Special CCPC/EAR"meeting two years away. In the jumbled up schedule from the Department of Economic Opportunity,they give us till the first date of 2014 to complete the next year.And as Mr.Bosi spoke earlier,that's telling ourselves the changes we will make. And then during 2014 we'll make those changes. So in about two years we'll be back in front of you again instead of about seven years,and that gives us the opportunity to address this one in particular,the transportation element where concurrency and proportionate share language would be properly written,as well as a few others that we've noted that we'll be seeing. So we know from the comment already from the Department of Economic Opportunity with their allowance for us to do so next time and that quick turnaround that gives next time some meaning,they're okay with that. So our proposal should be all right. COMMISSIONER BROUGHAM: Just a further question. On our Page 9,anyway,under comment three, it says during the interim the county must apply the new statutory provisions to any amendments or development orders,particularly the new proportionate share provisions. Can you,in 25 words or less,describe the impact of that on our current practice or past practices? MR. SCHMIDT: I would need more words,but Mr.Jarvi's here to answer that question. I know that the changes are not insignificant. COMMISSIONER BROUGHAM: I don't want to open up a-- MR. SCHMIDT: That's fine. The county is very close to what the state has adopted. But it's the small portion of it that are different. Like some other counties who have either dropped concurrency for transportation or will,our changes are not significant. He may or--I think it's best that he take a few moments to explain. COMMISSIONER BROUGHAM: The reason I ask is concurrency,you know,has been--we have heard about concurrency for years and years here in the county,and it's because it's become ingrained in our understanding of our evaluation of certain petitions that come up. And if now is not the appropriate time for full explanation,whatever,but this seems like the state saying you will do something that perhaps we have never done before or agreed to do before. MR.JARVEY: Reed Jarvi,the Collier County Transportation Manager. I won't be getting into the overall thing like you said. Basically the state said we didn't have to do concurrency like we have done. We decided to continue doing it. There are some changes to how you do proportionate share,but it's not drastically changed by the way we do it. So I'd rather not get too much into it. COMMISSIONER BROUGHAM: So there's no major-- MR.JARVEY: We're going to continue the way we've been doing it,but we do have to address this --I thought it was more than two years,but now I know it's two years,or starting two years,I guess,getting into this.And that could be a relatively major change,because they basically said you don't need to do concurrency anymore. COMMISSIONER EBERT: Am I correct the BCC and our group before said we will continue it? MR.JARVEY: I was not part of them,but I was told that our answer was yes,we will continue doing it as we have done it. At least for the near term. Thank you. MR. SCHMIDT: All right,that takes the final comment from the department,and this is simply an observation that a new legislative effort requires the comprehensive planning document of a county to reference those compatibility issues with the airports or public airports in your county. Although we have those provisions in place in the LDC,we did not previously reference them in the comp.plan. So what you see from that response at the top of Page 10 on your version is our indication that yes,we do,we always have and we're saying so in the correct document. All right? CHAIRWOMAN KEENE: Any questions? (No response.) MR. SCHMIDT: Well,those are the major ones. And you can see how small or minor they truly are. Those comments from outside or external review agencies are even less impacting of the document, but I'll go through them just one by one,if you'd like. There's a number of places where the South Florida Water Management District asked us to look at Page 9 of 15 A7 October 30,2012 "Special CCPC/EAR"meeting different provisions and look at statements already made in the document in the capital improvement element. We had some, I believe this is not South Florida Water Management District but transportation. FDOT in the first instance looked at some statements in the CIE that simply reference one kind of the--one kind of highway system,which has been discontinued and has been replaced by another. Both are in place today. But one's being eliminated. And so that language is simply being changed to reflect that. The next one for conservation coastal element,I have an update there. COMMISSIONER VONIER: Are you looking at 2.2.5? MR. SCHMIDT: No,2.1. COMMISSIONER VONIER: Okay. MR. SCHMIDT: I believe I'm there. Let me work with this. COMMISSIONER VONIER: Page 12. MR. SCHMIDT: Again,an outside agency talked about a reference to a certain document to be updated. In the version in the center of the page is what you have in your book with a document yet to be named. We would place that document name in the provision and make that update by the time this reaches county board. But with a recent contact from South Florida Water Management District personnel we find that the state is having working sessions on that new rule before they adopt that new book,and that's not expected to take place until March or April of next year. So what you see at the bottom of the page on the imagizer(sic)and not on your book is what we propose at this time for Objective 2.A,to keep the title of the document as it is now,a document with the South Florida Water Management District, simply update it to its most recent version for 2012,and indicate although we know what the successor document will be,a state-wide document which all water management districts will adopt and be incorporated into law,we simply say at this time its successor and indicate it that way. So for this change,my recommendation would be to use the version on screen. CHAIRWOMAN KEENE: So it's still going to be the district, it's just going to change as for the south Florida part. MR. SCHMIDT: It is. When we get into the next EAR,which is sooner and not later,we'll--by that time we'll know that state document. It will be also noted in state law and will make all those references changed one more time. So this is rather temporary. Okay? CHAIRWOMAN KEENE: Okay. MR. SCHMIDT: I'm looking now at the 2.2.5. Unless there are questions,I'm going to move through these rather quickly. COMMISSIONER VONIER: I would like--what is the purpose of the change of 2.2.5? Because the change takes all the bite out of the--I mean,you use words like periodically and if feasible and appropriate,professional.Nothing is defined. MR. SCHMIDT: I can address portions of that. The Water Management District themselves responded. For some of the assistance or partnership that's indicated in the original language for 2.2.5 it either didn't or doesn't now properly reflect the amount of assistance given by the district to localities. So when working on our own when the county can do these items,not certainly by a date no longer able to be met but on a more flexible schedule,periodically do these things,and the appropriate person to do those things without being specific about what that licensing or who those people are,they would be recognized at that time. COMMISSIONER VONIER: Well, it's all pretty vague. It seems to me you put a period after the word plan and leave everything else out. You aren't--my point is you're not saying much. You're saying if somebody has the time they'll do something,but they don't have to if they don't feel like it. MR. SCHMIDT: Note from the person working on that. This is--I'm finding out,rather temporary language as well. It's rather vague purposely,because in the next EAR you'll see the strengthened language with more specificity. COMMISSIONER VONIER: If you want vague,you've accomplished what you wanted to do. COMMISSIONER BROUGHAM: Just to follow up on that,why did you want to make it vague? Page 10 of 15 161247 October 30,2012"Special CCPC/EAR"meeting Why not leave it the way it is or was,until such time we have what we want as language? COMMISSIONER HOMIAK: That is pretty much what we saw last time,except for the technical assistance part. It's exactly the same wording. COMMISSIONER BROUGHAM: No quarrel with that,same question. MR. SCHMIDT: I think some of that vagueness or looseness of the language came with this group, that you didn't want to be too indicative of what might be until you knew what that did entail. So that language will be strengthened and you'll have that next time. Jerry? MR.KURTZ: Good morning. Jerry Kurtz with Stormwater Planning. I think we're talking about the original kind of suggestion of mandated annual inspections of water management systems; is that the item,Corby? MR. SCHMIDT: It was. MR.KURTZ: It's discussed every year between the county and the Water Management District,as well as DEP. I think currently there is no effort to impose a mandate of annual inspections,but all the agencies are working with the permittees to make it not a requirement but strongly suggested. And I think the previous language was dated and it was back in the era where a mandate was perceived to be come--a strong mandate was perceived to be coming. So I believe the gist of the change is to know a mandate to require annual inspections by certified engineers not coming,but the item is constantly discussed as to how some sort of annual inspection program can be done effectively and coordinated across the board with all the agencies. Does that help at all? COMMISSIONER BROUGHAM: Yeah,Jerry,correct me if I'm wrong,but didn't some of this start to get controversial or a lot of feedback happen in conjunction with the proposed stormwater damage prevention ordinance several years ago? MR.KURTZ: Yes. COMMISSIONER BROUGHAM: That was in there in one of the drafts and many,many of the communities around the county got up in arms because they felt that they were going to be forced to hire a professional engineer,et cetera,et cetera. Is that-- MR.KURTZ: Yes,that's exactly the same issue. And the issue of whether or not the mandate would have or would include that it had to be done by a professional engineer. Right there you're automatically raising the price by an order or magnitude. So it got real controversial. There was discussion about using certified inspectors to keep the cost low. But ultimately there was no advancement of any mandate coming. But it's an issue we want all systems regularly inspected. All the agencies do. All the counties do. We know,you know,maintenance is an issue. So we're working on the awareness trying to keep the language away from a mandate. COMMISSIONER BROUGHAM: Now I understand why it was begged down. Thank you. CHAIRWOMAN KEENE: Any other questions on this item? COMMISSIONER EBERT: It's a controversy,that's all I remember. CHAIRWOMAN KEENE: Thank you. MR.KURTZ: You're welcome. MR. SCHMIDT: All right. Next one simply has us correctly reference a certain policy in the capital improvement element. Because we moved all the levels of service out,the individual elements out into the CIE,and we make that change in the transportation element to reference the other. That takes us to the change,looks like almost top of Page 13,to the Future Land Use Element. Based on some boundary changes to the coastal high hazard area. Here it was a matter of explanation to the state or to the--in this response document. And the Future Land Use Element simply making references to instead of the traffic congestion area,which that boundary once indicated,to the coastal high hazard area, which ifs been replaced by. And you can see a lot of that provision has been struck through and replaced with defining that new area and reference to its map. Okay. Then there were some comments that were made,not by any of the formal responses from either the state,Department of Economic Opportunity,FDOT or Water Management District,but informal Page 11 of 15 1612 1 2 October 30,2012 "Special CCPC/EAR"meeting comments from either those agencies or someone else. The first one in capital improvement element looking at those levels of service in the CIE and making the change,moving it over to the--from its previous location. And then properly referencing I believe it's in the 1.5C-1. All the other places where those water standards,water quality standards are found. There was an incomplete list previously.Nothing else there really has changed. Next one looking at the drainage sub-element. Here is the other example. And I've got it on the overhead again. COMMISSIONER EBERT: We can't see it,Corby. COMMISSIONER BROUGHAM: Turn it over. MR. SCHMIDT: I'm new to this. Thank you very much. All right,better. All right. Similar change here coming since the distribution of the books to you. Where we found out that that state document would not be adopted by the time we reached county board now. So the lowest entry is the one staff recommends at this time. Policy 6.2,referencing again the existing basis of review for permit applications, indicating it's the latest version or its successor and leaving it at that until the next year. That takes us into the groundwater aquifer recharge sub-element. And it looks to be a simple change as you see it there on my page.Numbering is wrong,but that Policy 2.4. All right. And I know we're reaching the closing remarks here for this section. Because we've seen Policy 2.4 is a change,and then it's followed by what was some mapping to be updated instead no longer exists and would simply be removed or deleted. And with the CCME,here is a change to indicate now you can see some double underlining where changes have been made to the previous version of what you saw so that we're indicating a proper time frame and an indication of who does what. So prior to the commencement of development,the applicant development project shall obtain the necessary site and federal environmental permits. There's a statement of notification previously. Next one,2.3.6,same sub-element. Again,the small editorial change talking about the timing of when that should take place. And this is part of a series of changes in that same sub-element. Same change to 6.2.4. You'll see it there where it's a matter of when things take place. 6.2.7,same idea. I believe that brings us to the end of the section in your version. I have two to add at this time that came up again since the books went out,but presented or worked through from staff. In the transportation element,not part of the changes in front of you now,but part of what was previously before you, in the transportation element there was Policy 3.5 which told us,and you can see the single strike-through there when you have worked on it previously,that within a year of the amendment the county would do something instructing ourselves to perform something by a certain date. That statement did not accurately reflect what was going on in the county. The preparation of the land development regulations and the adoption of the ordinance certainly didn't take place within that time frame,and the considerations are a bit different. And the terminology being double underlined there is to simply indicate that the county is still considering the viability of thoroughfare corridor protection planning and leaving it at that for now. CHAIRWOMAN KEENE: Just real quick everyone, it's Page 2 of the transportation element,if you want to see what is in the--the way it is currently written. MR. SCHMIDT: That's correct. That's where that--it wasn't proposed for change in this step,but you had seen it previously for transmittal. CHAIRWOMAN KEENE: We're just removing the implementing the steps. MR. SCHMIDT: That's the change. So in that case,that would be the recommendation for that policy from staff. And one final change. This is very recent. Every year,and I believe it was just two weeks ago,you saw the annual update and inventory,along with the changes to the capital improvement element,that a company that each year with the five-year schedule of capital improvements for these next five years.And then a second schedule of capital improvements for the following five years. Page 12 of 15 1612 A7 October 30,2012"Special CCPC/EAR"meeting CHAIRWOMAN KEENE: And this isn't in here at all,correct? MR. SCHMIDT: That's correct,it's only on screen at this time. I'm sorry,it's on screen and not part of your paperwork. Because some specific changes from--resulting from House Bill 7207 allowed the changes to the capital improvement element,schedule of capital improvement improvements only to be done by ordinance and not necessarily any longer by both management plan amendments,the amendment portion of it that you see in front of you,you see it every year,must be done outside the AUIR this year. It's still an amendment, but we're not changing the schedule any longer itself by amendments,simply by ordinance. A small technical difference. These are the date changes that simply reference the capital improvement work program and the schedule for the school district. You make those changes every year.We're just doing it this year and from now on,or until law changes once again,outside the AUIR. And here because of timing we have the opportunity to do it now. So we're adding it here because of the two-week lag. A matter of convenience. CHAIRWOMAN KEENE: Would that still timing-wise going on board be a part of the AUIR, it will just be separate? MR. SCHMIDT: It will stay separate,yes. I'm seeing a late edit. And property settlement. So with that edit of an edit,that's our staff recommendation. That really brings me to the end. The final category is those elements that you've seen previously that had no further changes.With that-- CHAIRWOMAN KEENE: Based on the number of changes,you guys did a great job. COMMISSIONER EBERT: Yeah. CHAIRWOMAN KEENE: Does anyone have any questions on anything that we have reviewed? (No response.) COMMISSIONER HOMIAK: I just have one. On the ordinance for the Golden Gate amendment to the Golden Gate Area Master Plan,the ordinance says there's maps. Are there maps that we don't see here,or isit-- MR. SCHMIDT: I'm sorry,can you give me a page number where you're seeing that? COMMISSIONER HOMIAK: It's in the ordinances,and there really isn't a page. It's closer to the end. MR. SCHMIDT: It's almost to the end? MR.WEEKS: Two pages from the end of the ordinance. MR. SCHMIDT: All right,I'm on that page. COMMISSIONER HOMIAK: Then it says Exhibit A. It was attached--Exhibit A is attached but we don't have any maps. But it references maps with the amendments. I don't know. MR. SCHMIDT: I'm looking at the exhibit in the back of the book. Since none of those were for adoption since transmittal, I'm looking for that reference here. MS.ASHTON-CICKO: Looks like the question is about the maps change. So if they're not changing-- MR. SCHMIDT: I'm looking for that. But I'm not seeing them. But I'll answer we'll verify,and if not,we'll revise the ordinance to reflect that. COMMISSIONER HOMIAK: That is all right? MS.ASHTON-CICKO: Well,that's okay with me. It's just that if they later say there are maps,then that would be an incorrect statement. MR. SCHMIDT: We certainly have time to review carefully and verify and make that change. CHAIRWOMAN KEENE: Just advise us if it does change. MR. SCHMIDT: Yes,certainly. COMMISSIONER HOMIAK: Okay,thank you. CHAIRWOMAN KEENE: Heidi,how do we need to approve the changes? MS.ASHTON-CICKO: I think you can take one vote for all of them. Unless you have some changes you want to make to any of the elements. Page 13 of 15 1612 A , 7 October 30, 2012 "Special CCPC/EAR"meeting CHAIRWOMAN KEENE: Are there any changes anyone has or would like to recommend? COMMISSIONER HOMIAK: No. CHAIRWOMAN KEENE: Okay,then do I have a motion to approve all of the changes presented before us today? COMMISSIONER KLEIN: So moved. COMMISSIONER VONIER: Second. CHAIRWOMAN KEENE: All in favor? COMMISSIONER KLEIN: Aye. CHAIRWOMAN KEENE: COMMISSIONER VONIER: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER BROUGHAM: Aye. COMMISSIONER HOMIAK: Aye. CHAIRWOMAN KEENE: Any opposed? (No response.) CHAIRWOMAN KEENE: Motion passes 6-0. MR. SCHMIDT: All right,thank you. CHAIRWOMAN KEENE: Thank you. MR. SCHMIDT: One more thing to mention. COMMISSIONER EBERT: Sure,after we approved it,Corby. MR. SCHMIDT: I almost lost it. I've been working with preparing for the next EAR as quickly as we're finishing up this one,and I had indicated some of those changes that we'd see,and Jerry Kurtz with stormwater had one more to add to those lists. We'll have those transportation changes dealing with concurrency,the correct state document name. CHAIRWOMAN KEENE: The district. MR. SCHMIDT: The district's document.We'll also have hopefully--because if the schedule does still work together,those indexing specifics from housing. And we'll get into that housing element again. So again, it doesn't pose any kind of problem except for timing for those things that we couldn't take time to do now we are given the opportunity to do almost immediately. So we'll be back in front of you within a few months to begin the next process. Because we'll complete that by the end of 2013,and the actual amendments themselves during the following year. CHAIRWOMAN KEENE: David? MR.WEEKS: Yes. Not relevant to today's meeting,but Thursday Michele of staff passed out just prior to the meeting two documents.One is a revised agenda for Thursday's meeting,November 1st. The only--the revision is to make the Hussey settlement agreement discussion a time certain item at 9:00. So it would be the very first item on your agenda to be discussed. The second document is a revised--excuse me, is an ordinance,a scrivener's error ordinance pertaining to a past rezoning of the Greenway--Gordon River Greenway Park. And that correlates to a comprehensive plan amendment on your agenda Thursday. I think it's Item 9.B. 9.A or B. It's CP2012-1. You have an amendment to change the future land use map designation of that Gordon River Greenway Park site. And that scrivener's error ordinance correlates to that comprehensive plan amendment. CHAIRWOMAN KEENE: Okay. MR.WEEKS: We'll discuss that briefly on Thursday. CHAIRWOMAN KEENE: Okay. Great. MR.WEEKS: That's it. CHAIRWOMAN KEENE: Corby,anything else? MR. SCHMIDT: Nothing else. CHAIRWOMAN KEENE: Do we have a motion to adjourn? COMMISSIONER VONIER: So moved. COMMISSIONER EBERT: I make a motion to adjourn. CHAIRWOMAN KEENE: We're adjourned. Page 14 of 15 i 161 :247 October 30,2012 "Special CCPC/EAR"meeting ******************** There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 10:10 a.m. COLLIER COUNTY PLANNING COMMISSION �k c lk . _ S.A KEENE,C .'rw•man These minutes approved by the board on i d i(j/ O/). as presented V"or as corrected . Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie'R.Nottingham. Page 15 of 15 161 2Anwa JAN n 2 2012 0 AGENDA **REVISED** BY: .............. COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, NOVEMBER 1, 2012, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER,THIRD FLOOR,3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE Fiala ✓ 2. ROLL CALL BY SECRETARY Hiller Henning 3. ADDENDA TO THE AGENDA Coyle ✓ Colette ;•�' 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES -September 20,2012 and September 28,2012 "Special AUIR/CIE"meeting 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS NOTE: This item has been continued by the CCPC from the September 20,2012 meeting: A. PL20110000769/CPSS-2011-2: A Petition requesting a Small Scale Amendment to the Golden Gate Area Master Plan and the Golden Gate Area Master Plan Future Land Use Map and Map Series by amending the "Golden Gate Estates Commercial Intl]] Subdistrict", to add a 2.8 ± acre parcel of land; add Senior Housing, including Independent Living Units, Assisted Living Facilities, Congregate Care Facilities, Continuing Care Retirement Communities, Skilled Nursing Facilities and similar uses, not to exceed a maximum F.A.R. of 0.45; retain medical office use, not to exceed a maximum of 5,000 square feet; revise setback and buffering standards;remove requirement for an outdoor patio; and revise the Subdistrict name to "Golden Gate Estates Commercial and Institutional Infill Subdistrict". The subject property is located in the northwest quadrant of Golden Gate Parkway and Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Michele Mosca,AICP,Principal Planner] Misc.Comes: 1 Date: `--1 i q 113 Item#:1 Lam' Copies to: • 1612 447 B. PL20120000371/CP-2012-1: A petition requesting an amendment to the Future Land Use Map (FLUM), to change the FLUM designation from Urban-Mixed Use District/Urban Residential Subdistrict to Conservation Designation for the County-owned Gordon River Greenway Park property located in Sections 27 and 34, Township 49 South, Range 25 East, consisting of 123.60+ acres. [Coordinator: Michele Mosca, AICP, Principal Planner] C. PL20120001213CP/2012-3: a petition requesting amendments to the Future Land Use Element (FLUE), to change the Bayshore/Gateway Triangle Redevelopment Overlay by expanding the area subject to the density bonus for mixed use development, adding allowance for residential-only development to qualify for the density bonus, adding an explanation of the density bonus calculation, and deleting the development standards — all without increasing the total density allowed within the Overlay; and, to add cross references to other FLUE provisions. [Coordinator: David Weeks,AICP,GMP Manager] D. PDI-PL20120001345: Grace Romanian Baptist Church of Naples CFPUD, a Resolution of the Collier County Planning Commission approving an insubstantial change to the Master Plan in Ordinance Number 11-18, The Grace Romanian Baptist Church of Naples CFPUD, to move the location of the required on-site native vegetation from the north to the south and move water management areas. The property is located at the corner of Learning Lane and Livingston Road in Section 13,Township 48 South, Range 25 East, Collier County, Florida, consisting of 12±acres. [Coordinator:Nancy Gundlach,AICP,RLA,Principal Planner] 10. OLD BUSINESS NOTE: This item was continued at the Planning Commission hearing on September 6, 2012 to the October 4, 2012 hearing date. On the October 4, 2012 agenda, this item was continued to the November I, 2012 Planning Commission hearing date. This item has been further continued to the December 6, 2012 Planning Commission hearing date. A. LDC Amendments 2012 Cycle 1 [Coordinator:Caroline Cilek,Senior Planner] 11. NEW BUSINESS A. To have the Collier County Planning Commission(CCPC)accept a schedule to review past staff clarifications of the Land Development Code and to forward a recommendation to accept the selected Staff Clarifications to the Board of County Commissioners(BCC). [Coordinator: Ray Bellows,Zoning Manager] NOTE: This item is a Time Certain to be heard at 9:00 AM: B. Consideration of proposed Settlement Agreement regarding Case No.: 08-6933-CA, Hussey et al vs. Collier County et al. The Agreement is applicable to 966 acres located north of I-75, 3 miles east of Collier Blvd. (CR 951)in Sections 29,32 and 33,T49S,R27E; and,2,576 acres located on the east side of Immokalee Road(CR 846),2 miles north of Oil Well Road (CR 858) in Sections 35 & 36, T47S, R27E, and Sections 1 & 2, T48S, R27E, [Coordinator: David Weeks,AICP,GMP Manager] 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 16 A7 November 1, 2012 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples,Florida,November 1,2012 LET IT BE REMEMBERED,that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building"F"of the Government Complex,East Naples,Florida,with the following members present: CHAIRMAN: Melissa Keene Douglas L.Rankin Paul Midney William H.Vonier Karen Homiak Diane Ebert Barry Klein Phillip Brougham ALSO PRESENT: David Weeks,Comprehensive Planning Raymond V.Bellows,Planning Manager,Zoning Heidi Ashton-Cicko,County Attorney's Office Tom Eastman, School District Representative Page 1 of 72 A? 1612 November 1, 2012 CHAIRMAN KEENE: Good morning,everyone,and welcome to the November 1st meeting of the Collier County Planning Commission. If everyone would rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KEENE: Roll call? COMMISSIONER HOMIAK: Mr. Eastman? MR.EASTMAN: Here. COMMISSIONER HOMIAK: Mr.Rankin? COMMISSIONER RANKIN: Here. COMMISSIONER HOMIAK: Mr.Midney? COMMISSIONER MIDNEY: Here. COMMISSIONER HOMIAK: Mr.Vonier? COMMISSIONER VONIER: Here. COMMISSIONER HOMIAK: Ms. Keene? CHAIRMAN KEENE: Here. COMMISSIONER HOMIAK: Mr.Homiak is here. Ms.Ebert? COMMISSIONER EBERT: Here. COMMISSIONER HOMIAK: Mr.Klein? COMMISSIONER KLEIN: Here. COMMISSIONER HOMIAK: Mr.Brougham? COMMISSIONER BROUGHAM: Present. CHAIRMAN KEENE: Okay. Ray,do we have any petitions scheduled for the second meeting in November? MR.BELLOWS: No,we do not. CHAIRMAN KEENE: Okay. So we are going to cancel that. MR.BELLOWS: If the board--Planning Commission would like to make that motion. COMMISSIONER EBERT: I make the motion that we cancel the second meeting of the month. COMMISSIONER KLEIN: Second. CHAIRMAN KEENE: Okay. All in favor? COMMISSIONER RANKIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VONIER: Aye. CHAIRMAN KEENE: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN KEENE: Okay,motion approved. So the next meeting will be our December 6th meeting. Does anyone know if they will not be able to attend? (No response.) CHAIRMAN KEENE: So we will have a quorum. Approval of minutes. Everyone was emailed the minutes from September 20th. COMMISSIONER BROUGHAM: Madam Chair,you want to hit Item No.3,addenda to the agenda. CHAIRMAN KEENE: Oh,I apologize. We do have one addition to the Gordon River Greenway that we would like to add. MS.ASHTON-CICKO: Yes. Staff is proposing an add-on item,ifs not an advertised item,under 11C. That's been distributed to you all previously,and it's proposed scrivener's error to correct the Gordon River rezone ordinance. So they're asking that you add that on as a companion item to the Gordon River Page 2 of 72 ��. 6 2 Growth Management Plan.And I don't know if anyone wants to say anything further on that. CHAIRMAN KEENE: Okay. COMMISSIONER BROUGHAM: I make a motion to add it. CHAIRMAN KEENE: Is there a second? COMMISSIONER EBERT: I'll second it. CHAIRMAN KEENE: All in favor? COMMISSIONER RANKIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VONIER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Motion approved unanimously. Does anyone have any additions or corrections to the September 20th minutes? COMMISSIONER HOMIAK: No,motion to approve. CHAIRMAN KEENE: Second? COMMISSIONER EBERT: I'll second. CHAIRMAN KEENE: All in favor? COMMISSIONER RANKIN: (Abstains.) COMMISSIONER VONIER: (Abstains.) COMMISSIONER SCHIFFER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: (Abstains.) COMMISSIONER BROUGHAM: Aye. COMMISSIONER KLEIN: One abstention. I wasn't here. COMMISSIONER VONIER: I wasn't here. CHAIRMAN KEENE: So-- COMMISSIONER EBERT: Two abstentions. So Mr.Klein-- COMMISSIONER RANKIN: I read them,but I wasn't here either, so do I abstain or vote for it? CHAIRMAN KEENE: You would abstain. Did you get that,Terri? Mr.Klein-- THE COURT REPORTER: I have Klein and Vonier and Rankin. CHAIRMAN KEENE: Yes,thank you. And the September 28th meeting from the AUIR. COMMISSIONER HOMIAK: Motion to approve. COMMISSIONER VONIER: Is there a second? COMMISSIONER BROUGHAM: Second. CHAIRMAN KEENE: All in favor? COMMISSIONER RANKIN: (Abstains.) COMMISSIONER MIDNEY: (Abstains.) COMMISSIONER VONIER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Was everyone here? Page 3 of 72 i 6 a November 1, 2012 COMMISSIONER MIDNEY: I wasn't here. CHAIRMAN KEENE: And mr.Midney was not in attendance. COMMISSIONER RANKIN: Neither would I have been. CHAIRMAN KEENE: And Mr.Rankin was not on the board at that time. Ray,BCC? MR.BELLOWS: There were no land-use items presented during the last BCC meeting,so there's no recap. CHAIRMAN KEENE: Okay. Chairman's report. I having nothing to report. We don't have anything on consent. So the first item is under advertised public hearing. Before we go into this item,we have been inundated with a lot of information,communications,correspondence, so forth. I spoke to staff concerning how to approach this item,and I think we have determined at this point today would be a fact-finding mission,and the commission can ask questions and determine what additional information they feel that they will need,and we will probably continue the item. Having said that,does anyone on the board have an issue with that or anything they would like to add? COMMISSIONER BROUGHAM: No issue. I would certainly support it. We've got a lot of historical information,but we certainly,in my opinion,don't have any current-- COMMISSIONER EBERT: Up to date. COMMISSIONER BROUGHAM: --information to make an evaluation. And I think that should be the focus today is to be definitive to staff and the petitioner as to what the commission needs for a full hearing. CHAIRMAN KEENE: ***Okay. With that,we will move right into 9A,our first advertised public hearing. This is PL20 1 1 0000769/CPSS2011-2. MS.ASHTON-CICKO: Chairman Keene? CHAIRMAN KEENE: Yes. MS.ASHTON-CICKO: I'd like to treat this as quasijudicial. So if anyone has any disclosures.And also I'll just note for the record that I did distribute to the CCPC a document entitled"Criteria for Growth Management Plan Amendment Review"and"Criteria for Continual Use Review,"because as you recall,the Board of County Commissioners at a couple of their meetings have advised that they want you to look at these and provide them advice looking at it as a conditional use and a Growth Management Plan amendment. So hopefully that will assist you in your review. CHAIRMAN KEENE: And,Heidi,do we need to swear in? MS.ASHTON-CICKO: Yes. Yeah,we'll swear people in,please. CHAIRMAN KEENE: So if--everyone who would like to testify on this item,please rise and be sworn in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KEENE: Okay. And,Phil,we'll start with you for disclosures. COMMISSIONER BROUGHAM: Yes. I had a meeting with Mr.Vega,Mr.Mulhere,and Nicole Johnson. CHAIRMAN KEENE: Mr.Klein? COMMISSIONER KLEIN: I had a conversation with Nicole Johnson. COMMISSIONER EBERT: I have spoke with staff,I have spoke with constituents from the Golden Gate area I have also spoken with Nicole. COMMISSIONER HOMIAK: Just emails. CHAIRMAN KEENE: I have spoken with staff and Mr.Anderson and email communication. COMMISSIONER VONIER: Staff and Nicole Johnson. COMMISSIONER MIDNEY: Nicole Johnson. COMMISSIONER RANKIN: No one. And I don't have access to my email yet,so I have no idea what's in there. CHAIRMAN KEENE: You lucked out. Page 4 of 72 16 1 2 Q7 NovemA )! 2012 COMMISSIONER RANKIN: I've tried,but there seems to be confusion about which staff members to give me access. CHAIRMAN KEENE: Okay. David? MR.WEEKS: For the record, David Weeks of the comprehensive planning section for the county. First,Madam Chair,I just want to make a minor correction to something stated. This is not an advertised public hearing,this particular item; it is not. This is the discussion of a lawsuit settlement,and as the Planning Commission is aware,on September 25th the County Commissioners had this item on their agenda and agreed with staffs recommendation to send it to this body for a vetting and for this item to be treated,as the County Attorney's Office has stated,to be, in essence,treated as a Growth Management Plan amendment because,in essence, that's what it is,except the avenue to get there is via a Bert Harris claim filed by the plaintiffs against Collier County and others. I want to keep my remarks fairly brief I know Mr.Vega,on behalf of the Husseys',wishes to make a presentation,and I think it's rather extensive. So I'll keep my remarks more, I think,to an overview at this point. After Mr.Vega has completed his remarks and anyone else on his team,I believe staff would like to make a few more comments,both myself and also Steve Lenberger with the county's environmental staff First on the visualizer is a map which you have in your binders,and this is the countywide Future Land Use Map as it exists today with the exception of the fact that it does identify the two properties that are being discussed here. The northerly property--both of those are identified in a magenta color. The northerly property,right here on the east side of Immokalee Road,north of Golden Gate Estates in the Orangetree area, that is the State Road 846 Land Trust Property,and then the southerly property,down here on the north side of I-75 a few miles east of 951,is the Hussey property. And the Hussey property is about 966 acres. The 846 Trust land is 2,500 and, I think,60-something acres. The starting point I wanted to give is going back to 1989 with the original adoption of the Growth Management Plan. The map looked almost the same as you see it now. The major exception,particularly relevant to this discussion, is that where you see orange and blue on the map,the rural fringe area,as well as the crosshatched area also within the rural fringe area,that is an area between Golden Gate Estates and Collier Boulevard and also north of Immokalee Road,north of the Estates. The rural fringe area comprised about 95,000 acres. The color for those areas used to be simply white. When the Growth Management Plan was adopted in 1989,the agricultural rural designation applied to the rural fringe area and all the other white areas you see on the Future Land Use Map. And those properties were allowed,really,the same uses you would see in the agricultural district today,a whole variety of agricultural uses,residential development at one dwelling unit per five acres,and a variety of conditional uses,churches,childcare centers,nursing homes, social and fraternal organization,golf driving ranges,and so on and so on. My point here is that all of the agricultural rural designated area was treated the same. There was no distinction between one particular area of agricultural rural designation versus another. In 1996 the county adopted its first EAR,Evaluation and Appraisal Report. And subsequent to that, we then adopted the--in 1997 EAR-based amendments to the Growth Management Plan,that is the amendments based upon that evaluation and appraisal report. The Florida Department of Community Affairs,which is now known as the Department of Economic Opportunity,has had and has oversight over local government comprehensive plans or Growth Management Plans. They found those amendments in 1997,certain portions of them,not to be in compliance with state law. Ultimately--I'll skip some history and just say,ultimately, in June of 1999 the governor and cabinet of the State of Florida,the Florida Administration Commission,found the amendments to the Growth Management Plan not in compliance with state law,and they issued a final order. And that final order directed staff--directed the county,excuse me,to relook at the rural areas of the county,to do an assessment of the rural areas of the county,to address,mostly,the environmental protection realm,direct incompatible uses away from listed species and their habitat,protect natural resources,groundwater resources,protect Page 5 of 72 6 ii 2 iv i 7 November 1, 2012 habitat areas,critical habitat areas,protect prime agricultural areas,and curtail urban sprawl. I may have not covered it all,but it's,again,mostly in the realm of environmental protection. And that final order provided three years for the county to conduct an assessment of the rural lands, allowed us to separate the rural lands into multiple phases if it so chose,and the county did choose to do so. We created a rural fringe area and then what's known as the eastern lands area or rural lands area, which today is known as the RLSA,Rural Land Stewardship Area. The county appointed two separate advisory committees charged with looking at those two respective areas. And I'll leave the RLSA behind because that's not really relevant to our discussion today for the most part,maybe occasionally. But for the rural fringe area,a citizen committee met over 50 times,staff assisted the committee and, ultimately,out of that process came the rural fringe amendments,the establishment of the receiving areas,the sending areas,the neutral area,and a Transfer of Development Rights Program. And the objective was to protect the best habitat areas based on a landscape scale review of this 95,000 acres,not a site-specific scale as you would typically see when you see a land-use petition before you for 10 acres or 50 acres or 100 acres or what it may be,but at the landscape scale. The orange on the Future Land Use Map,that represents the sending areas;the areas of the highest environmental value at the landscaped scale,the area which the county would like to see protected and preserved;the blue represents the receiving areas,the areas that can receive density from the sending areas, the areas generally of the lesser environmental value;and then the neutral designation,the crosshatched,is neutral to the TDR program. You cannot send or receive dwelling units,and that is an area of an intermediate environmental value. Each of those designations has a different natural resource--excuse me--native vegetation protection requirement,sending being higher,receiving being the lowest. The compensation mechanism for designating lands for sending is the TDR program. The density was greatly reduced on the sending lands. The allowable land uses were greatly restricted. I mean,there's no question that the property--excuse me--that the county's actions to adopt these rural fringe amendments for those sending lands'properties,that a lot of uses were lost,that rights were taken away. The compensation mechanism for doing so is to allow the transfer of development at the same residential density as historically was allowed,and that's one dwelling unit per five acres. So if you have sending lands--let's say you have 40 acres of sending lands,you could develop one dwelling unit on the property today whereas previously you could have developed eight,one per five acres, but you can still transfer that density at the same ratio of one dwelling unit per five acres. And there's also bonus TDR credits that can be achieved,potentially a project could qualify for,so that you could transfer at even greater than one dwelling unit per five acres. As I'm sure Mr. Hussey will address--excuse me,Mr.Vega,on behalf of the Husseys will address-- the TDR program only deals with transfer of residential development rights. It does not address other land uses that previously were allowed on those properties that,under the sending designation,is not notably earth mining excavation,and that's the crux of the lawsuit. It has to do with the value of the lands not for residential but for earth mining. I want to make it clear--at different times it's stated different ways and accusations are made,or comments made--the State of Florida did not tell Collier County you must develop a TDR program. They did not tell us you must designate sending lands and receiving lands and neutral lands. They just said,here are the issues. Go assess the land and come up with a way to satisfactorily address these issues. They did list options,different things we could consider. TDR program was one of those items. It was Collier County's decision,ultimately,a committee,citizen committee, staff,this body,the EAC, ultimately,the County Commissioners that made the decision to adopt and implement the rural fringe amendments including the TDR program. The Hussey property,again, located just north of I-75,also in addition to being designated as sending lands, is within what is known as the North Belle Meade overlay. That overlay,of course,specific just to that North Belle Meade area,which is comprised of all three designations,sending,receiving,and neutral,has Page 6 of 72 1612 ati November 1, 2012 specific use allowances that don't occur elsewhere. Most particularly,for certain receiving lands,certain blue properties within the North Belle Meade, are allowed to excavate without obtaining a conditional-use approval,which is the normal process. It also allows for an associated use,which is the asphalt and concrete batch making plants,again, without conditional-use approval. Still subject to an excavation permit,which is a public hearing process,but the focus of an excavation permit is more technical in nature whereas the conditional use is a land-use consideration. Also,for the North Belle Meade receiving lands,most of the environmental standards,environmental protection requirements in the Land Development Code and in the Growth Management Plan are not applicable to the receiving lands in the North Belle Meade overlay. During the public hearing process for the establishment of the rural fringe amendments,which were adopted in 2002,there was a tremendous amount of public involvement,and that was the intent of the final order. It was explicitly stated in the final order that this is to be a public--I forgot the exact phrase--but a-- the hallmark--thank you,Bob--the hallmark of this process should be public involvement. And the county went through significant efforts,to my knowledge unprecedented,at least as of that time, in having a website relevant to the rural fringe amendments that the public could access. I mentioned the Rural Fringe Advisory Committee met over 50 times,and all these meetings were open to the public,a series of--as typical for Comprehensive Plan amendments or Growth Management Plan amendments,a series of meetings in front of the Environmental Advisory Council,this body and,ultimately,the Board of County Commissioners. Signs were posted along U.S.41 and Immokalee Road advising,you know,you're now entering the rural fringe area,and contact information to find out more about it. Certainly not to suggest,however,that everyone was happy with those rural fringe amendments that were proposed and ultimately adopted. There was significant opposition and,most notably and no surprise here, people who owned land that was proposed to be designated as sending lands,people whose rights were going to be taken away. But,ultimately,the amendments were approved. They were challenged by the Husseys and, ultimately,they did go into effect in July of 2003. The TDR program, in some people's eyes,has not been successful. I can tell you that's not a view shared by staff. We have to keep in mind that this program is only seven or eight years old. The implementing Land Development Code amendments were adopted in,I believe,2004. When we compare that to other TDR programs around the country that are successful--and there are many TDR programs around the country. Most of them are not successful,but there are a few in particular,a handful,that are successful,and they've been around for quite some time. Again,ours is only about seven or eight years old. And,certainly,the change in the economy throughout the whole country as well as this area has had an impact on the TDR program. But one of the pieces of information that previously was provided to you in your packet does specifically note how many TDR credits have been severed to date and then also identifies the total number of TDR credits that are potentially out there. Commissioners,I think that's enough background. I know,again,Mr.Vega wants to give a presentation. I know he'll go into a lot of details about the history of the Hussey property and,I presume,on the settlement offer itself.And,again,staff would like to come back and make some remarks at the end. I know you have speakers here today from various organizations or communities,and I expect this is going to be a lot more lengthy,Madam Chair,than the hour that I had suggested,foolishly,in our conversation. CHAIRMAN KEENE: Does anyone have any questions at this point from David? COMMISSIONER BROUGHAM: Just one, if I might. David,can you briefly provide information as to the involvement, if any,of the staff in the settlement construct,the formation of that? MR. WEEKS: Yes. First let me say that there have been various iterations of the settlement agreement. And,Heidi,I'm going to ask that you at any time interrupt me if I'm saying something that I shouldn't Page 7 of 72 1612 November 1, 2012 say,and what I mean by that is,you know,keep in mind this is a lawsuit settlement agreement that is being proposed here. And up until late September when the Board of County Commissioners--when this was-- item was scheduled on the County Commissioners'agenda,this was all confidential. And myself and a few other staff members were involved and,of course,the County Attorney's Office. We were not allowed to discuss this with anyone else; confidential,the nature of a lawsuit,and settlement negotiations and intervener party as well. But in late September it opened up. So my understanding is this history and the various iterations of the settlement agreements over time are now public record. But if that's not the case,again,Heidi,I ask you to step in and hush me. Without going into detail,the settlement offer starts with the Husseys;their attorney,John Vega. It is what it is. It's a settlement offer.We're here. We're proposing to settle this lawsuit. Here's our proposal. Here's what we're asking for,what we're willing to give up,and that offer was made to the county and to the interveners. And there's been multiple meetings,negotiation meetings or discussion meetings,involving the Hussey representatives,the county representatives,and the intervener representatives. So directly to answer your question,who wrote it? It was Mr.Vega and others on the Hussey team. But I think it's fair to characterize that--as a result of these various discussions or negotiations that have occurred where staff made observations,requested clarity--and,by the way,that was staffs role. We were just looking for clarity. Here's this document that,if approved,is going to be implemented. Staff,can you implement this? Is this clear? Is it understandable? And parts of it,in my view,were not. And so I was--I and others were offering suggested edits for clarity only,not to change the intent. The interveners had their various comments that they made,and I'm sure they'll speak to that as they wish. I think it's fair to say,then,that as a result of these negotiations involving county staff and the interveners,the iterations of the agreement did change,and so they reflected input from and discussion by the county and the interveners. Very late in the process,right up and,I'll say,into September when we're getting ready to take this to the board,county staffs involvement switched gears a little bit to a little bit more substantive involvement in the sense that I'm going to call it a wish list where the county asked for--specifically asked for certain items to be provided to the county by the Husseys. Road right-of-way in addition to what had already been proposed in the settlement agreement. Water management, I forget what else,but it was mostly in the vain of transportation,transportation related that--if not totally,that the county had asked for. I hope that answers your question. COMMISSIONER BROUGHAM: Yes, it does. Thank you. MS.ASHTON-CICKO: So I think what Mr.Weeks is saying is that there have been various meetings among counsel and environmental groups that have been interveners in this case and an attempt to reach a settlement that everyone could agree to,and that did not occur. So what's in your package is really a proposed offer of settlement. And I don't believe that staff has taken a position of support or nonsupport,but it's being provided to the CCPC for you to analyze the land uses and make a recommendation on whether those land uses should change as proposed by the plaintiff. CHAIRMAN KEENE: Okay. MS.ASHTON-CICKO: Did I characterize that correctly? MR.WEEKS: Yes. COMMISSIONER RANKIN: May I? CHAIRMAN KEENE: Go ahead. COMMISSIONER RANKIN: Was there an assigned member of the commission assigned to this to negotiate on behalf of the county? MS.ASHTON-CICKO: No. MR. WEEKS: To my knowledge,not at all. MS.ASHTON-CICKO: No. Page 8 of 72 1 2 Novem e 1, 2012 COMMISSIONER RANKIN: So what substantive negotiations other than the last little bit you've indicated have been undertaken by the county? MS.ASHTON-CICKO: There have been various meetings between the attorney on this case and various intervener groups or interested parties and Mr.Vega and the client representatives. CHAIRMAN KEENE: David,during the process were there any areas that were initially put in sending that were removed? MR. WEEKS: Are you talking about during the discussion of the settlement? CHAIRMAN KEENE: No,no,no,for the whole program,for the whole amendment. MR. WEEKS: Yes,yes. During the rural fringe amendments,there were some changes. It was an evolving process. As you, I think,all know,Comprehensive Plan amendments go through two major phases. There's the transmittal stage,which you could think of as preliminary or proposed amendments where, ultimately,the county,if they--if the commissioners so vote,to transmit amendments up to the Department of Community Affairs or now Department of Economic Opportunity for their review,and then they respond back with the ORC report,Objections,Recommendations and Comments Report. And then we go through the adoption phase where the board--ultimately the board makes a final decision to either adopt the amendments,whether they modified them or not,or not to adopt them. So transmittal and adoption. I mention that because,just like the typical site-specific amendment that you would see by the property owner's initiative,that amendment may change through the process,certainly if something of this magnitude has changed significantly. In the initial version of it,before we ever got to public hearings,there wasn't even a neutral designation. It didn't exist. Also,we had the committee,the county,had proposed different types of designations. There were two different categories of designation of sending lands,like a Sending 1, Sending 2. So we,ultimately,end up with just one sending area. The difference,essentially,was the--as I recall,the transfer ratio of density.That Sending 2 would have a lesser transfer ratio. So one area in particular I'll point out is this white area here down at the--in the southwest quadrant of U.S.41 and State Road 29. That area was at one time proposed as a sending area and,ultimately,the decision was made to remove it completely from the rural fringe amendments and just leave it as agricultural rural mixed use. Madam Chair,I don't know that I could get real specific about orange sending areas that changed,but I can tell you some did. The North Belle Meade overlay was one area where there were some adjustments to designations and,furthermore,with the adoption of the North Belle Meade overlay there were some tweaking of the boundaries. You know, I talked about some substantive changes in particular about earth mining,for example, being allowed without a conditional use,but the actual boundaries of where's the orange,where's the blue, where's the neutral,those boundaries were modified by the North Belle Meade overlay versus the earlier version of where those boundaries would be. CHAIRMAN KEENE: And what was that based on?What was the decision to make the changes based on? MR. WEEKS: That was based on a--as I recall,a settlement agreement between two private parties. The current interveners here,I believe,Collier Audubon and Florida Wildlife Federation and the East Naples Land Company,I think,a Mr.Brown.Those two parties came to some agreement between themselves,and they brought that to the county and said,county,you will adopt this into your plan,your Growth Management Plan. And,ultimately,the county decided yes,we will. It certainly was tweaked or modified what that-- the version that they brought to the county,but that is the genesis of it. It came,actually,from the private sector. CHAIRMAN KEENE: Okay. And one final question. Would the options that the state gave for the county to address the items,did they--did any of the options include a mechanism that would address additional uses on the property? Page 9 of 72 16 I 2 November 1,2012 MR.WEEKS: Yes. In the sense that one of the options were--was satellite towns,rural villages, which is a concept that has been adopted into the rural fringe amendments. That--now,that is--that's additional because historically the agricultural rural designation only had one small provision for commercial development,and it was limited to,I think,a maximum of maybe five acres,and you had a spacing criteria of two or three miles from the closest commercial. It was just convenience commercial. Again,just small pockets of it. The rural village concept,which has been adopted,is a whole community concept. The concept of residential development,civic uses,institutional uses,and yes,commercial uses;you know,a village or a town,a small community,not just a single use of commercial development. But,of course,that rural village applies in the rural fringe area to receiving lands,not sending lands. CHAIRMAN KEENE: Okay. Anyone have any additional questions? COMMISSIONER RANKIN: I have one additional question. I was on the Golden Gate Master Plan Committee that was meeting at the exact same time this whole thing was being created. And at the time the entire Golden Gate Master Plan Committee wanted to meet with the rural fringe committee because we were very much concerned that virtually all the access,especially to North Belle Meade and to a lesser extent the other parcel, is through the Estates,and I believe there's,like, three villages going to go in North Belle,aren't there? MR.WEEKS: Only one in North Belle Meade would be allowed,but three within the rural fringe area as a whole. COMMISSIONER RANKIN: And that was turned down by staff. It turned out not at commission direction and--because we had great concerns that whatever occurs in North Belle Meade that has to go through the Estates and,to a lesser extent the other part,would have a direct impact on the Estates because of all that traffic. The only way to get in and out of North Belle Meade other than to go through the Estates is that one Landfill Road,which I understand has issues because it comes out so close to an interchange on the interstate, and the only other one is that Benfield proposed matter,which nobody has the money for in the foreseeable future;it has to jump the interstate. Has anything been done since then to address those issues? MR.WEEKS: I'll really need to defer,I think,to transportation staff because that's--as I hear you, that's the crux of the question-- COMMISSIONER RANKIN: Yes. MR.WEEKS: --or the issues that you're raising is access. How are these--whether it be the earth mining or whether it simply be a rural village or any other type of development allowed in the North Belle Meade area,where's that truck traffic going to go? Trucks,cars,whatnot,where's it going to go? How's it going to get there? And I'll have to defer to transportation staff for the specifics of it,but I do know that the long-range transportation plan does call for that Wilson Boulevard extension,calls for road to go west eventually to 951, I think,connecting into White Lake Boulevard. I was hoping that was transportation to the rescue. COMMISSIONER EBERT: He is right behind you. He's right behind you. MR. WEEKS: Okay. COMMISSIONER RANKIN: Also,as part of the Golden Gate Master Plan,we did indicate that there had to be at least two forms of access to this area before any major would be allowed,and it was also my understanding that that Landfill Road,because it comes out so close to the interchange and is restricted from going any further away by the canal,that that violates all sorts of rules and gets us into all sorts of conflicts with the state and feds on that interchange and about running a lot of traffic out there. MR.WEEKS: Before I let Nick speak, if I could make one comment further,a little bit more globally,but you touched on it,Mr.Rankin. We referred to the rural lands,that the final order required the county to do an assessment of the rural lands. What I failed to say,but you might do,is that the rest of the county was excluded from the assessment, that all the urban area,the northern Golden Gate Estates was excluded from the assessment area;the Page 10 of 72 16 1 A7 ember 1,2012 conservation lands,I believe,were also excluded. Those are mostly state and federal--under state and federal ownership. So the focus truly was on the agricultural rural areas. Not to discount your comment about the impact on these other areas,but the focus of the assessment was on the rural lands. MR.CASALANGUIDA: Good morning,Commission Members. Nick Casalanguida,for the record. To talk about your transportation issues,you're correct,that issue at 951 is a concern.The Florida Rock developer agreement went through an extensive analysis and public scrutiny and went to the board,and we worked with the CityGate folks to talk about that. One of the primary concerns of this settlement was,okay,where are you going to come out? And because it wasn't discussed,it was going to be determined later. Typically,that's been done,as David pointed out,through your conditional use process;public hearings. But this would be only an excavation permit,which goes in front of the board,but it's not a technical analysis of traffic,which I'm sure would have come up. So something else to add to what David said this morning,when--the primary people that worked on it the last two months was David,myself,and Bill Lorenz from a comp planning perspective, transportation perspective,and environmental perspective. It became abundantly clear to staff that there were folks that would be impacted by this settlement that we couldn't quantify in a sense just by the three staff people doing this. So there was discussion we had to bring it up to the chairman of the board and also discussed it with the chair of the Planning Commission at the time. You know,we had done a settlement that had gone through Planning Commission before,and it was an opportunity to get public comment,because it was abundantly clear that if we didn't--we weren't able to quantify all those things that would happen to people like CityGate or the public in,you know,northern--Southern Golden Gate Estates,North Belle Meade area. There just wasn't a way to quantify that with just a settlement there. So I want to make sure you understand that staff had recommended this is a good opportunity just to kind of vet this out,because it would have been,I think, in a sense,felt from the community that we'd done something,you know, improper,and we felt that way. We just couldn't quantify everything in that short amount of time. But,again,to get a little bit more about traffic,one of the things we discussed with the applicant--I call him the applicant, I guess,plaintiff. It's not a court of law--traffic was an issue,and we talked about various different roads that would come out,all consistent with the long-range plan. But as you pointed out,all of these roads have issues. If you come out Wilson Boulevard,now you're dealing with that subarea of Golden Gate Estates. If you come out at 23rd Street,that subarea of Golden Gate Estates. One of the discussions we had with the Golden Gate Estates residents that asked to meet with us was, maybe it's an opportunity to flesh out many roads consistent with that Golden Gate Area Master Plan that said you have to have more than one alternative to come out of there and that this is an opportunity,this hearing, is to talk about that as to,you know,where they think they can come out. What are some of the options? It's still early in the process. I don't even think they have that answer yet. So hopefully that kind of answers a little bit of your question. I picked it up on the tail end. CHAIRMAN KEENE: Thank you. MR.CASALANGUIDA: Thanks. CHAIRMAN KEENE: David,did you have anything else to add? MR.WEEKS: Just one more comment about the process for those rural fringe amendments. I did mention that,certainly,it was not a unanimous decision. A lot of people were unhappy with the proposed designation of sending lands. I should explain,I think,a little bit of the reason why and,certainly, if members of the public that are here wish to speak further,they can. But I want to stress again that it was done at the evaluation of the properties in the rural fringe area and,again,it was about 95,000 acres. This was a staff effort as in we're not given the funds to hire consultants to go out and do ground truthing or to do surveys,whatnot. Page 11 of 72 16 1 2 A7 November 1, 2012 So we were using--we,the county,were using existing available data. And,of course,there's a variety of resources available from federal and state regulations--like,agencies like U.S.Fish and Wildlife Service,Florida Wildlife Commission and so on,or their predecessor names at that time--that was available for the county to use.When I say"county," I mean globally referring to the advisory committee,to staff,to hearing bodies. And the information included identification of habitats based on forested wetland,maybe based on FLUCCS codes,I think,based on panther telemetry points,bear telemetry points,Red-cockaded woodpecker locations. I mean,all sorts of data. And you take these different pieces of information,mapped information,and you place it on top of one another,and we started seeing patterns form;you know,squiggly around the edges,of course but, nonetheless,we were generally seeing a pattern of like,you know,this layer shows this is good habitat area, this layer shows this layer and so,ultimately,that was the basis for saying this is where the orange goes on the map. Sure, it's debatable as to whether it should have squiggled one way or squiggled the other way,the line but,generally,that was where the data cumulatively was showing that's where the sending lands designation should be. The county did accept site-specific information if it was available. If a property owner showed up and said,hey,you know,you've got it all wrong here, look,here's more specific information,the county staff would consider that,but--and in some cases I believe we reacted to that by changing the designation. But keeping in mind that this is at the landscape scale and,as Bill Lorenz used to refer to,we don't want a Swiss cheese of sending lands.You don't want to have this preservation area,this sending area with a whole bunch of dots in it,holes in it like Swiss cheese of where you're going to have receiving lands or neutral lands,where you're going to allow higher intensity development or higher density development right in the middle,you know,all these little holes of an area that you want to see protected. So,unquestionably,there are properties that are designated sending that,just at the local site-specific view,do not warrant sending designations. I mean,there's properties that have been completely cleared;we know that. But,again, looking at the landscape scale,and also for those properties that have been impacted or all the way to point of being cleared,restoration is a possibility,and one of the TDR bonus credits is for restoration of a property. Property rights issues. That was raised. I mean,you can believe that people are standing here saying,you know,I can't believe you're considering doing this. You're taking away my property rights. We did. We did take away property rights on sending lands. Again,the compensation mechanism that was adopted was the TDR program,the ability to transfer residential development rights from a sending land to a receiving land or,on a limited basis, into the urban area at the same historic density of one unit per five acres. I think that's enough. CHAIRMAN KEENE: Okay. Mr.Vega? MR.VEGA: Good morning. We have a number of people here. I'm not going to punish you all by having them all speak,but I would encourage you to ask questions. The reason they're here is they each have different areas of expertise and,depending upon the question asked, someone different may be--stand up to give the answer. CHAIRMAN KEENE: Could you identify yourself for the record? MR.VEGA: My name is John Vega,V-e-g-a. I'm counsel for the plaintiffs,Francis D.Hussey,Jr., and Mary Pat Hussey. I'm going to hand David a couple maps as we go along here. The task that the State of Florida gave to Collier County was an enormous one. Ninety-five thousand acres to be classified,and it was not given a great deal of time to do it. I empathize completely with staff as to the enormity of the task that they had to do. And as David mentioned,in large part,FLUCCS codes were used as a guide in determining what land should be made sanding and what land should be made receiving. A quirk to FLUCCS codes is that it is not a land classification,but it is a land-use classification,and Page 12 of 72 16 ► 2, A ? November 1, 2012 it seemed like a small distinction. The key here is if you have recently cleared lands, let's say you've recently cleared a wetland to be pasture,your land use is now pasture. You do not show up as a wetland. You may be a wetland.You may be up to your knees in water,but you show up under a FLUCCS code as a pasture. So,by and large,or even though at the time 9J-5 mandated that we consider the presence or absence of wetlands because they were such a high priority to the State of Florida,by using FLUCCS coding,we sort of had one--a hand over one eye when it came to certain lands that had been classified as agricultural or grazing,and we missed a great deal of wetlands. The Husseys,when they learned at every stage of this process that they would be classified as sending,objected. They objected because their land borders the I-75 canal. Their land has been drained since I-75 was four-laned in 1986. It continues to be drained. It is a land in transition. I've personally witnessed Cypress heads that have fallen in onto each other as the roots dried out as the groundwater fell. From FLUCCS coding,it would seem that the Hussey land had a great deal of wetlands. The reason for that is the FLUCCS coding,which was developed in--was based upon infrared aerials that were taken in 1994 and 1995 by the U.S. Geologic Service. That--even though the interpretations were more recent,the underlying data at the time the RFA were adopted were already eight years old. At this point,they're 18 years old. We have 10 years of hydrologic monitoring data. We have Army Corps of Engineers jurisdictional wetland determination,and we have had a number of environmental surveys. When you dry out land,wetlands gradually convert to wetlands. A problem with that is that pine doesn't come in quick enough;exotics come in faster. There was Melaleuca,there was Brazilian pepper hedge,and we also had evidence of wildfire,and that is in the packets of the material that was provided to this commission back the last time around in'07. So the primary argument of the Husseys was we think you got it wrong. We think that you relied too much on the FLUCCS coding. Our land is much drier than these aerials depicted it to be a decade ago,and we really need to go out. And we submitted both to the county and to Planning Commission water monitoring data to show that land that was considered to be wetlands was not, in fact,wetlands. What was particularly going to the Husseys was that lands to their east which have more wetlands, which have higher,deeper,better use,higher rating,you can see them with the naked eye. You just go to the property appraiser's website and click on the lands to the east of the Husseys,and you can see the wetlands. They show up as dark ovals. Those lands were made receiving,and the Husseys'land were designated as sending. And the Husseys'thought is,these people have more incidents of wildlife,these people have more wetland,why on earth are we being asked to bear the brunt completely and the people to our east are being rewarded? The Husseys have owned their land since 1979 in the Section 32. The part on 29 that sits on top is 1982. That was over 30 years they've had the right to dig for rock,to dig for fill,to create a subdivision,to create a gated subdivision,to build a golf course. These are all very valuable rights when you own several hundred acres. The Husseys,depending on whether you look at contiguous or aggregate,own between 900 and 1,200 acres. These are valuable uses that someone who owns a 5-acre parcel doesn't have. You can't build a golf course on a five-acre parcel. And as David touched,when these rights were taken away from the Husseys,there was no compensation given for the taking away of the right to have a gated subdivision,no compensation for the right to have a golf course,no compensation taken for the right to earth mine. And for most parcels,it didn't matter. If you had a five-acre parcel,you could still build your single-family home. If you chose to,you could sell your TDR which equated to the value of your residential building. There was no value,no TDRs,not a dollar given for the rights that were taken away. And the Husseys are relatively uniquely situated in this situation in that they have,I believe,the largest piece of land in the rural fringe that was completely designated as sending.There are some other large parcels,but usually it is a landowner that owns thousands and thousands of acres and part was made sending and part was made receiving. Page 13 of 72 1 6 A7 November 1, 2012 I don't know of any other parcel this big that was told,you lose everything;you get nothing.That simply is not just. Ironically,the only parcel in the North Belle Meade that's more than a few hundred acres that was made sending is the landfill. Believe it or not,the landfill is sending. And you would say to yourself,I don't think landfills are an acceptable use in sending. You'd be correct. So there's an exception written into the sending criteria for Collier County's land. So I sit with my client,and I explained to the Husseys that they're not the only people in the North Belle Meade that got designated sending,but the only other people who were designated sending had an exception written in for them. And that's the genesis. What was not considered and what was allowed to be considered under 9J-5 at the time was the presence and the value of natural resources. In your materials is a drilling report from a company known as MACTEC,M-A-C-T-E-C. That identified the presence of DOT-grade limestone at significant depths on the property. Mr.Bonness will touch on that in a little--in greater length. That--those quantities of limestone were appraised. The appraised value of that limestone is$90 million. That's not--the reason why we're here today is not to settle a$90 million claim,but to bear in mind that if someone has a$90 million asset and that right is being taken away from them,perhaps we ought to think of an alternate land use that allows them to come out,if not with a whole loaf but a half a loaf. Now,over the last decade there have been several attempts to avoid the litigation that we're in currently. I've been in more settlement conferences than I can recall. Some in this room,a number upstairs, some in my office. The Husseys have brought forth a conditional-use amendment,private party that was heard in 2007 asking to be rezoned. The Husseys--when the option was to submit additional data,the Husseys submitted all the hydrology data,water table,a complete environmental assessment, identified the locations on their borders of Red-cockaded woodpecker colonies, identified foraging habitat,put in recommended proposals to protect that habitat. And I know a number of those materials were provided to you. It was probably that thick. We didn't ask for that,and I apologize for the confusion it may have created,because the settlement proposal here today is different than the one that you--of what was before you-all in 2007. MR.WEEKS: Madam Chair and Commissioners,I just want to identify John has--Mr.Vega has made reference to a 2007 time frame a few different times. And he's referring specifically to Comprehensive Plan Amendment No.CP-2005-12. That was the primary second delivery that you received.I think that was dated October 18th,and it was probably one and a half to two inches thick. And as Mr.Vega said,that was not his idea to provide that to you but rather two planning commissioners had asked for that petition. And it was staffs position that all of you should have the same information. So that's why that was provided to you. But when he's made reference to that MACTEC study and others and referred to that 2007 time period,the hearings were held in 2007,but it was the 2005 petition. MR.VEGA: Correct. And there was also,within the RFA themselves,there was the ability to petition and ask for a reclassification,and that petition was ultimately heard in 2007 as well,even though it was begun in,I think,'03 or'04. This map here shows you--I'll move this a little bit--in general,the pattern that takes place within the North Belle Meade. This is the Hussey land. This land to the west is subdivided.This land to the east is subdivided. This is the landfill. These areas in purple are areas where mining has either been approved as a matter of right or as a conditional use. These are all sending lands. And if you recall,I mentioned wetlands and you could see with your naked eye. There's one,and there's another.That--each of the two petitions that we referred to,the conditional-use petition and the reclassification request,were denied by the County Commission at a 3-2 vote. The primary concerns,at least that I heard,as to why we were denied were twofold. The first was we have spent a lot of time crafting a TDR program. We want to give the TDR program a chance to work. A balance between the number of sending and receiving credits is imperative to the success of a TDR program. And if you pull out a thousand acres and don't put anything back,you may upset that balance. Page 14 of 72 i 16 47 November 1, 2012 A second concern was that it--was environmental. No matter what effect a drainage has had upon the land,no matter what is going on, land has some environmental value,even if it's degraded. And unless we protect something else in return,we are taking something from the environment but not giving anything back. And it seemed clear to me that on behalf of the Husseys,even though what was done to them I felt was unjust,I was asking the commission to give them something,and I was not offering anything in return. After years of litigation and a lot of back and forth,it seems to me or seemed to me that the best solution,although improbable,would be to find someone who owns receiving lands and persuade them to swap. It is a valuable right. It's not easy to persuade someone to give up their receiving lands. And if we want to benefit the environment,I needed to find someone with receiving lands that had environmental significance,and that environmental significance had to be the same or better than the environmental significance of the Hussey lands. The entity that we approached was the State Road 846 Trust. They have four square miles of receiving off of Immokalee Road. They're immediately adjacent to Corkscrew Swamp Sanctuary.The wetlands run right across the street onto their lands. And that is the genesis of this proposal was to say to them,would you be willing to swap,and how many acres would be appropriate. To that extent,we retained Passarella&Associates. Andy Woodruff is here. He has a bachelor's degree in biology. He has a master's degree in environmental science. He has been working as a biological consultant for his entire career. A great deal of continuing education,everything from evaluating wetlands and their significance through establishing gopher tortoise habitat. And Andy reviewed the four sections,which what--I call them State Road 846 Trust,and identified about 950,960 acres that he felt had environmental significance. The primary of them is 853 acres here on the northwestern portion. You can see the pattern of wetlands coming over from Corkscrew and,further,this 110 acres down here in the corner is upland and is already home to gopher tortoise colonies. And he ran several analyses. He ran panther habitat unit calculations using the federally mandated guidelines. He ran wetland evaluations using the UMAM wetlands evaluation method,and he concluded that these 960 acres or so were more environmentally significant than the Hussey lands. An original settlement proposal,our thought would be,let's just swap. I'll pick 960 acres of the Husseys'land,which is about how much it is,and do a one-for-one swap. The TDR program would be perfectly preserved,and we would have a net benefit to the environment,a$90 million lawsuit would go away,and a right--or wrong would have been corrected. That led to a number of back and forth--and I received a great deal of input from environmental advocates. And David is correct in that we never could completely agree,but a lot of their input was very valuable and shaped the settlement proposal that's before you today. If you look briefly,other than the in-parcel which has been acquired,that is roughly on the contiguous Hussey lands. And what was proposed,and what we have proposed, is to only redesignate approximately the top one-half. You see if I scoot this down,there's about a half mile below between the yellow line here and 1-75. That would be maintained. It could be a wildlife corridor. It would remain sending. The sending requirements would be in place. The exception that we asked was could we still dig some lakes there. How big? We agreed to limit them to 115 acres. That entire parcel there is probably about 350. It was asked if we build those lakes,could they be designed and used in a manner so that the proposed Wilson Boulevard extension could use them to capture surface water runoff. You don't want the road--water that runs off from the road just to be dumped into the South Belle Meade. And,further,could they be used to help treat water as part of an overall Big Cypress Basin sheet flow.And the answer,of course, to that is yes. Further,there is a concern,are you going to be putting trucks on the road network? Yes. Well,if you're going to be putting trucks on the road network,don't you think you should give the right-of-way on the property? And the answer to that was yes. Shouldn't you give the fill to help build the roads on your property? And the answer to that was yes. How about off your property,roads that you might use? And on that,the compromise was we are Page 15 of 72 6 eeok A7 November 1, 2012 not going to give you that for free,but we will give it to you at cost. We'll not make a dime in profit. We'll dig it out of the ground,and whatever it costs us to dig it out of the ground is what the county would pay. On the Wilson Boulevard alone,that would save the county about$2 million in fill. Whatever the road right-of-way is worth would be on top of that. It's not a dramatic shift. And I liked the squiggly line sort of comment,and no one wants to Swiss cheese the proposal. But that's what we're--that is all that's being requested. The lavender area are the receiving lands that are currently present. They abut the Hussey property.They're currently approved for mining. They would share the same roadway. And that would be--and this is the current roadway plan. This right-of-way would be donated,this right-of-way would be donated,this fill would be donated,this fill would be donated,and fill for any of these roads that allow truck traffic to or from the Hussey property would be donated at cost. There are more details in the settlement proposal. As David pointed out to me long ago,I don't speak planning. I could write a settlement agreement that I would think would be easily understood,but I inadvertently would use terms that do not exist in the Growth Management Plan. So it's been revised. It's been clarified.It's been tweaked. I'm happy to answer any questions about it. But I don't want to walk you through it line by line. I would like for Andy Woodruff to speak as to the environmental aspects related to this proposal and then Mr.Bonness as well. MR.WOODRUFF: Thank you. Good morning. For the record,Andy Woodruff with Passarella& Associates,senior environmental ecologist. I've been asked to look at the settlement offer,and I'll present to you today some of the facts regarding the environmental issues regarding the settlement offer between the two parcels. Specifically,covering a little bit about the land cover and acreages off the two parcels,wetlands and listed species,and I'll touch on the panther,Red-cockaded woodpecker,wood stork,and gopher tortoise. If you have any questions,please feel free to interject at any time. Okay. So as John alluded to,the 846 Land Trust property is four sections of land. It sits on the Corkscrew Regional Ecosystem Watershed just off of Immokalee Road in this area. It's got two square miles of frontage on Immokalee Road. It abuts on its western boundary county-designated rural fringe sending lands,also designated as NRPA lands there in the orange crosshatch. Again,the proposal is 835 acres in the northwest portion of the State Road 846 land property,and then there's also another 110 acres in the southeast corner of the 846 Land Trust property. The Hussey settlement proposal is for receiving on just over 500 acres of land that's shown crosshatched in black on this exhibit.Husseys'proximate to,again,I-75. It sits in the rural fringe sending areas of the North Belle Meade. On the south side of the interstate we've got the South Belle Meade,which was some conservation lands and NRPA lands south of the interstate. It's enveloped by Golden Gate Estates from the west,north,and east sides in a regional perspective. So if the county adopts the settlement offer,again,we have 945 acres to put into sending on 846 and the over 500 acres that we have on the Hussey lands to be put into receiving. There's about a net gain of 419 acres that would go from receiving to sending,so you'd had a net gain of sending lands in that settlement. In addition,the 846 Land Trust property would also be giving up the rights on their lands. We have conditional use for mining in the proposed sending boundary and the 835 acres. There exists 202 acres of land conditional use for mining. They would be extinguishing that right as a part of the settlement offer. The habitat types on both of the properties,fairly similar. You have upland habitats dominated by pine,palmetto areas,and that's similar to both. The wetland habitats,majority of those habitats dominated by cypress habitats. The difference being on the Hussey property,starting about five years ago,the majority of it was logged and currently used for grazing on the Hussey property. The 846 Land Trust property does have some wetlands that are unique that aren't on the Hussey property or are not in the abundance that we have on the Hussey property. That includes short hydroperiod wetlands. Page 16 of 72 i X61 2 47 November e ber 1, 2012 There's over 90 acres of wet prairie marsh on the 846 sending land area located in the 835-acre block that are short hydroperiod wetlands. I believe there's been less than two acres mapped on the Hussey land of equivalent short hydroperiod type wetlands. So,again, if we look at some of the environmental facts,the total acres exchanged going to sending would be 945,and going to receiving would be 516. The total wetland acreage,roughly equivalent,there's slightly greater acreage; 196 acres on the 846 Land Trust property versus 192 acres identified in the receiving land on the Hussey property. And I'll point out that the wetland acreage that's depicted here is based on groundtruthed, FLUCCS'ed acreage. It's not based on remote data like Florida natural areas inventory or natural wetlands maps,some of the hydric soils maps for the county,which reflect more of the historic condition for some of these properties. They don't reflect what the current condition is. We took a look at what the functional quality of the wetland habitats was between the Hussey receiving area and the 846 sending land area.Using that uniform mitigation assessment methodology,which is established by the state,the 846 Land Trust property has a higher functional wetland scores,roughly.68 on a scale of zero to one,and the Hussey property scored out as a.42. Major contributing factor to that is hydrology. The hydrology on the 846 Land Trust property and in that Corkscrew regional ecosystem watershed is still fairly intact. That's not the case for the North Belle Meade,and that's a very important fact to consider. And the Husseys,as I alluded to, is located in a hydrologically altered landscape. So this is almost a decade ago,mapping that was done by Hoover Planning;Jeremy Sterk put this together.And in the shaded green is the identified wetland areas on the entirety of the Hussey--the Hussey property. So if we fast forward almost a decade later,this is what it looks like today based on the Army Corps of Engineers'jurisdiction that was just recently issued within the last two years. And you have almost a 50 percent reduction and roughly a decade of time,and that speaks to the regional drainage that's occurring and has occurred in the North Belle Meade area as a whole,and that's by no part anything that the landowner has done. Yes,they've cleared, logged some of that area. It's not drainage that--you know,they haven't dug ditches and deliberately tried to drain this piece of land. This is a regional effect of drain drainage. Golden Gate Estates and all of the drainage project,I-75,this is the effect that you see.And,you know,that's a 10-year period,and you've lost half your wetlands on the property already. Both of the properties do contain habitat for listed species. Some listed species are unique to each of the properties. The Hussey property is unique because it has Red-cockaded woodpecker active colonies on the property. Those are located on both the east and west sides of the property,and those exist in the remaining forested habitats on the land. 846 Land Trust, it has burrowing owls,which is not on the Hussey property. Both properties are used by large mammals; bear,panther, listed wading birds,including wood stork. Both properties have gopher tortoises. 846 Land Trust has a significantly larger area of gopher tortoise habitat and a larger population of gopher tortoises. So taking a look--this is panther,the panther focus area identified by U.S.Fish and Wildlife and both properties inside of the panther focus area. The 846 property is slightly interior to that focus area. Hussey is located on a perimeter edge of that focus area located next to I-75 there on the drawing. All of the Hussey property located in primary panther habitat--there is 673 acres of the State Road 846 Land Trust property that's shown in the dark green that's in primary panther habitat. All of the remainder of State Road 846 property is in the panther secondary habitat. And the secondary habitat's important for the expansion of the panther population as well as providing an important resource for panther prey,like deer and hog. And just also to point out the importance of the--both properties for panther,about three years ago Conservancy of Southwest Florida filed a lawsuit against the U.S.Fish and Wildlife Service to try to force them to claim all of 846 Land Trust property as critical habitat for the panther. And the same applied to the Hussey property;they also wanted to apply the critical habitat designation to all of the Hussey property as well. Page 17 of 72 p A7' 16 I ` iovember 1, 2012 The Hussey--and I thought this exhibit that I think David put together showed fairly clearly--if you look at it from a regional landscape perspective--and we're talking about--when we talk about panthers,we talk about an animal that needs hundreds of square miles to exist. The habitat that's being provided by either the Hussey or the 846 Land Trust property is a fraction of their habitat needs. And you have to understand that this is a very wide-ranging animal that we're talking about. Hussey is bordered by I-75. There have been several--a handful of documented vehicular kills on that stretch of road near the Hussey property. There's also been vehicle kills documented next to 846 Land Trust. I believe there's been two documented there as well. But if you look at this exhibit and look at the--some of the proposed Wilson Boulevard extension,if you go even further east,you're looking at Everglades Boulevard. You know,there's a proposed interchange that you're talking about possibly connecting to I-75 there. And then if you look at the development of the Golden Gate Estates that wraps around these lands-- and you're talking about trying to preserve this piece of property over the long term as a corridor for panthers, and it just looks like to me that all you're doing is enveloping this piece of property by development at the end of the day. Both 846 and Hussey have been identified,reported with radio-collared telemetry cats. This is an exhibit that shows a two-mile radius,just the telemetry within two-mile radius looking at the last--just the last five years. Am I out of time? COMMISSIONER EBERT: No. CHAIRMAN KEENE: Ray,do we know what that is? MR.WOODRUFF: So the last five years,846 Land Trust property documented telemetry. This is two cats in the last five years that have been documented in and around the 846 Land Trust property. This is Hussey,again,two-mile radius looking at telemetry cats in the last five years.Again,two cats. All of those dots up there on the Hussey property are two cats,okay. One of those cats was hit and killed,I believe,on I-75 in 2010. The other cat,as far as we know,is still living. The historic telemetry, if you look south of Hussey, it does show more activity south of the property into the conservation lands south of the interstate. But,again,when we look at the Hussey property and people show you telemetry maps,you have to consider--you have to look at it from the perspective that these aren't individual cats.These aren't individual cats that you're looking at the dots,again,okay. Only two cats that you're looking at in the last five years,all of those dots on the north side on the Hussey property there. COMMISSIONER BROUGHAM: Mr.Woodruff. MR.WOODRUFF: Yes. COMMISSIONER BROUGHAM: Just a question. Those are only telemetry signals from cats that have collars. There may be-- MR.WOODRUFF: Yes. COMMISSIONER BROUGHAM: --may be panthers that do not have collars. MR.WOODRUFF: Yes. That's a very important point,because these only represent the records from cats that have the collars. There are other cats that are undocumented,we certainly know that as a fact, and there are other cats that now have GPS collars,okay,and that's a different recording system. The GPS data is not a part of what you're seeing here either. And that applies to both properties,obviously,as well. And,you know,just as an aside,the 846 cat that we did have telemetry on,that cat was actually killed last year by another male cat. So,you know,there's other cats that you may not be seeing on both pictures,obviously. COMMISSIONER RANKIN: Is there any professional estimate about how many are collared versus non-collared? MR.WOODRUFF: They did--the game commission puts out a study every year,and they--in addition to using the telemetry data that they have available to them,they look at tracks,they look at game cameras,they look at a sign in the field and try to come up with an estimate of how many cats are actually Page 18 of 72 7 .1 6 ; November 1, 2012 utilizing these areas. The cats in the 846 Land Trust,the CREW,Corkscrew Swamp Sanctuary area,I believe they estimated nine cats in that area as of last year. In this Belle Meade area,I believe they e timated 15 cats was their estimate from last year's study. And,you know,the telemetry data,also important to point out that it's no prog osticator of any future use,okay. It's what has occurred in the past,and a lot of telemetry data that you ee dates back now almost 30 years. They started collecting them in the'80s. So the points--sure you can overlay maps and show a lot of points on some of these properties,but as I pointed out here,the last five years,you know,you have two collared cats in the area and two collared cats in the 846 area as well. So both properties do provide primary habitat. The 846 Land Trust property, it provides--in addition to the primary habitat, it also includes secondary habitat,and that's included in the sending land designation on the 846 property. So just looking at the acreage on the panther, if we compare the receiving designated lands on Hussey,that's 526 acres of primary panther habitat. On the sending designated lands on 846,there would be 520 acres included in that sending land designation of primary habitat. And then if you look at secondary panther habitat,there's an additional 425 acres of secondary panther habitat in the 846 proposal. We took a look at assessing the value of the habitat for the panther using the U.S. Fish and Wildlife Service Panther Habitat Unit Analysis.This is something that the service has been doing,oh,for about the last six years to evaluate what is the worth of these lands for panther. They use this as a mitigation tool for developers. If you come in for development and propose to impact lands both in and out of the focus area,you're assessed using this tool. And it's a landscape tool. It looks at the land cover types,the value of those land cover types to panther,and it makes an assessment as to a score that we can then use for mitigation purposes. So looking at those scores,the PHU values on the 846 Land Trust property and,of course,now we have--we have more acreage to offer on there,we scored at over 4,600 PHUs. It's over 5,000 PHUs if we do restoration. There were some farm areas that you saw on the 846 Land Trust property. If we were to restore those back to some forested habitat for the panther, it would provide an additional value to the panther using the units. On the Hussey property,roughly 3,300 PHUs for the Hussey lands that are processed in the receiving designation. And,you know,a good part of that is the fact that Hussey was cleared of a majority of their forest. The forest habitats are what score out as the value for Florida panther. So when we look at these scoring variables,a good part of that score is related to the fact that Hussey has lost much of its forest to logging. And as John pointed out to you earlier,the 526 acres on the north half of the property,proposed receiving. The remaining half of the southern end of the property is proposed to remain sending,and that could still act as a wildlife corridor for large mammals,panther,allow them to cross that area as well. The Hussey property is unique because it does provide Red-cockaded woodpecker habitat,and that's located on both the west and east sides. So we have pine forested areas on the west here that have active colony sites,and then there's also pine forested areas on the east side as well that contain active colony sites for RCW. The Hussey land, including the receiving 526,when they go for excavation approvals and permits, they still have to go through the agencies to get approvals for Red-cockaded woodpecker-and make sure that they're preserving and mitigating for any effects that they have to Red-cockaded woodpecker. So it doesn't preclude them from having to go through those state and federal agency processes, including the lands that are being proposed for receiving,not only the ones--the ones that are being proposed as sending. And much of what is habitat for RCW on the Hussey property most likely is going to end up as a preserve on Hussey property,whether it's in the existing sending or whether it's in the proposed receiving area. CHAIRMAN KEENE: Andy,I don't want to interrupt your train of thought. We're getting close to time for a break. MR.WOODRUFF: Okay. Page 19 of 72 161 2 44,7 November 1, 2012 CHAIRMAN KEENE: Do you want to-- MR.WOODRUFF: I'm real close. CHAIRMAN KEENE: Okay. MR.WOODRUFF: Okay. Wood stork,another listed species utilizes both properties. 846,a bit unique,as I indicated earlier,because it does provide more short hydroperiod,the wet prairie,marsh habitat than exists on Hussey. And that's important as the foraging habitat for the nesting birds that we have at Corkscrew Swamp Sanctuary. 846 is in proximate to those nesting colonies there. The settlement agreement includes a provision to improve foraging habitat by incorporating these short hydroperiod wetlands into any restored areas that may be proposed in the sending lands,and that settlement does include some language that Corkscrew Swamp Sanctuary would be consulted on the design of any restoration areas in the old farms on 846. And those will be designed primarily for foraging for wood stork. Gopher tortoise included in the sending land designation proposed for 846 Land Trust is 110 acres of occupied gopher tortoise habitat. The significance there,I think,is it's one of the larger occupied gopher tortoise habitat areas that we have in the county. I'll finish with just one important point on the Hussey parcel. The settlement does not preclude Hussey from having to complete their consultations with the state and federal agencies for impacts to wetlands,for impacts to listed species, including panther and Red-cockaded woodpecker. Hussey still has to evidence to U.S.Fish,Fish and Game accepted mitigation for panther and Red-cockaded woodpeckers that would be required prior to excavation approvals. And the listed species mitigation for the Hussey parcel will have to be above and beyond what's being designated on the 846 Land Trust property as sending. So we're not proposing to use 846 Land Trust property for any additional panther or RWC mitigations that might be required for the agencies. CHAIRMAN KEENE: Okay. Thank you. Does anyone have any questions? (No response.) CHAIRMAN KEENE: Okay. With that,we will take a 15-minute break,and then we'll finish up with Mr.Bonness and public comments. We will be return at 10:45. (A brief recess was had.) CHAIRMAN KEENE: Mr.Bonness,you're-- MR.BONNESS: Very good,good morning. Commissioners,Joe Bonness. I represent part of the lawsuit. I basically represent Winchester Lake, and I'm here to talk basically about the geology and why we want to be there. Let's see. Definitely got it upside down. Collier County has a very unique rock geology that-- it's very--it's actually a very young geological unit. It has been formed over the Ice Ages as basically through an area that was known as a Pleistocene refold. And during that period it deposited all the valuable limestone that we find in Collier County. This is basically the upper Tamiami formation,also known as the Pinecrest and the Fort Thompson stratus. They're found at an elevation between six foot above elevation to 50 foot below sea level.Being very close to the surface,they're very easily identified through soils maps. We've--let's see. They found that being close to the surface area,the deposits are shown readily on soils maps,and they show up as limerock substratum. As the rural fringe amendment was coming through, we were,you know,questioning as to whether or not they were going to be out--knocking out all of the areas that were going to be minable as far as hard rock excavation and that. We did put together an exhibit that shows where we will find the hard rock that is in the area. Basically what you have over the years was--this is developed during the Ice Age. The first of the Ice Age has deposited a huge sand drift of quartz silica sand,and that was pushed down across the Peninsula of Florida. That sand was basically the grindings of the once majestic Appalachian Mountains. The Page 20 of 72 1612 47 November 1, 2012 Appalachian Mountains were,historically,much taller than the Rocky Mountains. There were remnants of the sand drift basically terminated just south of Immokalee. This exhibit will show what is called the Immokalee rise. During the Ice--the Ice Age had pushed that sand drift down over the area. When the water froze at a later date between the Ice Ages,you would have sediment that would form back into the shallow lagoons and that. The sediment that rolled off of the top of the sand drift basically was noncementatious materials-- it would be silicas and clays--formed the Bonita morrow layer that covered over most of northern Collier County at that point and formed what they call the Bonita Morrow layer. Go back to the original drawing that was in there,and then you can see that the Bonita morrow layer is there underlying the Fort Thompson,the Pleistocene sands that formed. The significance of this is that between the sand drift and the Bonita morrow layers,when you had high waters,you would have a deposit of different calcius(phonetic)materials between--that would be between,you know,mollusks and shellfish and whatever to be able to digest and lay a bed of calcium carbonate. The calcium carbonate then would cement together and form the rock stratum. Due to the sand drift being in the way and the Bonita morrow,that ended up with the final designation of where you have the rock that is in Collier County at that point. Variable thicknesses,top of it basically about six foot above sea level. The depth underneath had to do with how deep the morrow was underneath is and if there were other sands and that that were in there. The shallow warm water did form some very good storm foundations. There was also a tendency that--with the amount of water that flowed through,that the closer you are to the shoreline,you'd have more water wash through the--through the rock,washing out the softer particles,and that would come back in and recrystallize in with other mineralization,forming even harder rock. So there's a tendency in South Florida-- you find it in Lee County,too--that the closer you can get to the coast,that the rock will get harder. There will be rock that you find much farther inland,but because it has not been through this water saturation washing out over the millions of years that that's been there,that it has not recrystallized and has not formed again as hard rock. Then again,this deposit that we're talking about basically is--stands--ended deposit about 10,000 years ago. Earliest deposit was about a million and a half years,very young deposit. As we went through the different land developments and that and different growth management plans,we have basically covered over most of what is that deposit either with Golden Gate Estates,the urbanized areas,and now finally with the rural fringe amendment coming through. As you can see,the deposit has been pretty much blanketed over most of what the-- land restrictions by conservation easements and the rural fringe. So it becomes a working unit that's very difficult to get at. This is one of--the Florida Rock,APAC,the Hussey property here. Those are some of the last reserves of a fairly deep material. As you get towards the extense and even once you get down into the 6L Farms,the receiving areas to the south end,the deposit becomes very,very shallow. I think that that part of the deposit is less than two foot in depth. There are other rock deposits that you'll find throughout Collier County. A lot of those are the lower Tamiami formation. We have not found any of that to be economical for mining. It's usually soft and has been more of a base rock. Also,the difficulties you have as far as deep rock mining in Collier County,as soon as you start going down through too many layers,you will start breaching aquifers,and you will start breaching retard layers. That will--you can go over the rock that's down there,but you're probably going to be mixing aquifers,which is something that we don't want to see at this point. Go too deep,and you will start looking at saltwater intrusion. We've talked a little bit about the land cover designations,and that--as we're going through.You know,when this originally--the plan for the sending lands came through,we were working with information that was,you know,20 years old at the time. There's been quite a bit more information that has come out. You know, LiDARs are one of the information--one of the things that's out there right now that is so precise,and that was not really part of what we were looking at at the time. This exhibit shows the outline of the Hussey parcel on a LiDAR map. The bright red is the highest area;dark blue is,obviously,the lowest. You can see through the--on this drawing that the amount of blue Page 21 of 72 i62 November 1, 2012 and the darker--or the darker greens show more of the wetland areas and that that are out there. There's actually a ridge that runs down through the top of the Husseys'property basically running off to the southeast and another ridge that runs through the eastern section of Husseys'.That's giving us our uplands for the cockaded woodpeckers and that;whereas,the associated property along side of us,you can see quite a bit of bowing and that where it is very shallow where the existing APAC stuff is to the north of us is actually going into what was some of the biggest depression areas that were in the area. Along with that,you know,we've had the ability now to go through and do several different renditions of Corps of Engineer surveying and applications. The Florida Rock vulcan pit has gone through,and they've submitted for their wetland jurisdictions. We've gone through with the Corps of Engineers and the Hussey property,and we have mapped out and come up with a different wetlands that are out there. You saw earlier Andy Woodruff s drawing as to what is the major extent of what we would have on the Hussey property. It has been refined even farther from that after four or five years of well drilling and monitoring as to where it is. What we see as the final extent as to what we're going to have for Corps of Engineers,wetland design,is displayed on this chart. Along with it,I have--you've got the Hussey property that's on the side here,and alongside of it we show the wetland designations that you have going through the Florida Rock mine. And you can see the vast difference that you have between the wetland designations,between the LiDAR,between the Corps of Engineers. You can see a tremendous,tremendous difference between the two. COMMISSIONER VONIER: Joe,where's the Florida Rock? MR.BONNESS: Florida Rock is this section in here. This is all their--all their--or their Corps of Engineers permit designation. COMMISSIONER VONIER: Are they mining? MR.BONNESS: They're not mining at this point. They've been permitted through this--the rural fringe amendment,they were given the mining use. They have--I think they're in the position.They have gone through for a--their mining excavation permit already. I'm not sure if they've got it at that point,but they do have the conditional use for it at this point. That was the right that was given to them during this-- during this whole process,and that's the right that we're asking for at this point with our settlement agreement. CHAIRMAN KEENE: Joe,what is the date on the bottom of this? It's hard to read. MR.BONNESS: On the-- CHAIRMAN KEENE: Down in the right corner,or your left corner. COMMISSIONER BROUGHAM: January something. MR.BONNESS: My glasses will help. COMMISSIONER BROUGHAM: Just blow it up. CHAIRMAN KEENE: Looks like January 25th,2000 something. MR.BONNESS: Yeah,that would be 2002. MR.WEEKS: January 23,2002. CHAIRMAN KEENE: Thank you. MR.BONNESS: That's January of 2002 for the Florida Rock mine. That was when they submitted their information for their permit. And we've been working with the Corps of Engineers. We're not even finalized with what we have at this point. Of course,you know,we're not at a position to ask for a Corps of Engineers'permit till we do have the zoning to be able to move ahead. Anyways,a provision of the settlement is to be using the lakes for stormwater transmission.The objective is to make a chain of lakes that start with APAC quarry passing down through the vulcan,Florida Rock mine, into the Triple H mine and making it down to I-75. This would make a cascading set of stormwater lakes,retention lakes,diverting water from the Golden Gate Canal down to the Henderson Creek.Freshwater pollution is cited as a major factor in the quality of the Gordon River. Reduction in the flow of the Golden Gate Canal will reduce freshwater to the Gordon River and Page 22 of 72 i 161 A7 November 1, 2012 reduce flooding along the Golden Gate Canal.Historically,the water east of APAC would have flown down to--would have flown down to the Henderson Creek basin. The diversion would also restore the flow to Belle Meade. It would also restore some of the flow going into the Triple H Ranch,possibly revitalizing some of the wetlands that we will be saving there. There are many examples of man-changed hydrology over this property. The cypress tree stands are dying,and we've had a tremendous invasion of exotics plants that are invading the drought stressed flora. The cascading retention lakes would capture diverted stormwater,and the depths of the lakes, combined with the property and the porosity of the rock formation,will charge the surficial aquifer,hydrating the down slope and the local land. They lithological reports for this formation show a porosity of between 15 to 18 percent. I don't know if that's going to show up so that you'd be able to read it. I also brought a sample of the rock that you can pass on through. But this is very typical of the material that's in the area. A lot of times we take a look at the rock as being a retard level or a layer or something,and it's exactly--that's the opposite of what's going on. The rock itself is porous. It's got different layers. It's included--ecluded. It's got lots of different holes through it. The rocks themselves are not tight with each other. The rock in this area,the lithology--lithographic information on it shows that it has probably a porosity at the top layers of 15 percent,the lower layers of almost 18 percent. Water will flow through this material. Where we've dug farther to the south,we found that we could not possibly pump water out of the lakes because the water flowed in as fast as we could possibly pump. It was like trying to take buckets of water out of the ocean and expecting the ocean to be able to change its depth. There will be--one of the things that you'll also be taking a look at is the evaporation from the lakes. We have gone through--I had--the last time that we were in front of the board here we had our hydrologist that came in,and he basically--his testimony at that point was that the evaporation from the lakes would be replacing the transpiration of the plant life that's out there. The transpiration rates vary widely. Pines are fairly dry and will not actually transpire that much,but some the Melaleuca that was on site before we cleared them actually transpired more water than having open water bodies. The hydrologist also testified that what you're looking at here is a basin and--lake water,and if there's any rain event, 100 percent of the water is captured in the lake. If you're open--if you have open land,the open land will have runoff,so you only capture a small portion of what's out there with rain. The open lakes will capture 100 percent of the water,and that way having a lake actually has a better recharge and has a much more positive effect on groundwater than you would have having forested lands. Another effect of the lake is going to be with floodplain elevations. Recent FEMA actions have brought floodplain managements to the forefront of our land planning. The depressions of the lakes will receive flood waters,and they will reduce the flood elevation. There is a balance of land--and there is the balance of land that is filled by digging a hole in the same basin and where,basically, if you're taking material from the same basin and depositing it for your house pads or your roads,basically you have dug a hole that will receive that same water,and so you should not have much of a change in your flood elevation versus if fill or rock is imported and dumped into that basin,you're basically going to fill that basin up,and that basin will not fill up--will change its flood elevation. The lakes also are going to be great water retention. Every cubic yard of material that's removed, that's 210 gallons of water that's going to be retained. The proposed lakes will probably retain in the neighborhood of about six billion gallons. More water --or six billion gallons more water than what you have on the existing property. When there's a drawdown on the water table,the lakes are 100 percent water. The adjoining land is possibly only 10 to 18 percent water. By removing a gallon of water from your well actually takes the water elevation down basically six to 10 times faster than it does if you're taking the water from a lake basin. The lakes,obviously,they will change the wildlife mix. There'll be more diversification and denser population. Fish,amphibians,shellfish,et cetera,they start a food chain that brings in waterfowl,eagles, Page 23 of 72 161 ?1 ve hawks,wood storks,otters,and a host of the different mammals that will feed upon them and those,in turn, become the prey animals that bring in even the larger mammals. RWC is a major concern of what we have here.We have,over the years,the 10 years that we've been out on this property now,maintained and monitored the RCW nests that are out there. RCWs are a very endangered species. RCWs left on their own with the problems that we have at this point will not survive. They do need to be managed.They do--we do need to go in and,basically,man-manage the property that they're on. That's one of the plights that they have at this point. Theirs nests are usurped by other animals,vines growing on the trees for our snakes to be able to get up and eat them. The understories,they've become too thick,invasion of cabbage palms and,you know, various exotic plants and that will destroy their foraging areas,and they will abandon and move on. They have--to be able to continue RCW colonies,clusters,they do need to be managed--they need to be managed. We also have gopher tortoises on site. Both of them use very similar areas. As the excavator on this property,we have a lot of background experience with this. I will run quarry to the south. We have voluntarily gone in and we have put in artificial nests for RCWs. We have put in gopher tortoise mounds. We have rescued gopher tortoises from other properties,introduced them into the Willow Run quarry. And we did just provide the nest mechanism for RCWs. We cleared out some of the understory, took out the cabbage palms and that that would create some of the understory for them; and this year we have baby gopher tortoises crawling around in our preserve. We have fledged a RCW chick. This also lays testimony to the compatibility of quarries and the wildlife that's out there.This is happening next to an active quarry. There is blasting. There's truck hauling. There's everything that goes on with the quarry. That has been documented very well over many,many years here. Most of the RCW tests and that that they have come from gun ranges and bombing ranges alongside of the bombing ranges in Northern Florida. So they do adapt to the noises and sounds and that. As we get into this,you know,one of the things that we do keep on our tabletop is the RCW recovery plan. That is our Bible. That is how we are working with RCW. Our presence on this site will only ensure that they are going to continue. Without our presence on this site,there's a good chance that these colonies and clusters will fall demise to the natural changes. The final thing is,we get into the--into basically master mobility. This deposit is close to the market. It reduces trucking traffic,it reduces--it reduces traffic as a whole,it reduces air pollution,and we're reducing the expensive shipping vast quantities of material.The fuel alone needed to bring this quantity of material from Lee County would be in the neighborhood of 8 million gallons. If we have to go even farther to be able to find this material, say,Dade,we're talking about four times that amount. And,currently,we're--at times we were having to ship material all the way from Tampa. You're talking 10 to 12 times that amount of fuel. We're talking maybe 80 million gallons of fuel burnt that this will cause if we are not able to continue mining in the Collier County area. And there's the job effect. This quarry,over its life,will supply probably$150 million in local wages. That's basically it. Thank you. CHAIRMAN KEENE: Does anyone have any questions for Joe? (No response.) CHAIRMAN KEENE: Okay. Ray,do you want to start with public speakers? MR.BELLOWS: The first public speaker is Michael Ramsey. CHAIRMAN KEENE: If anyone has not registered to speak,we will give you an opportunity to do so at the end. MR.RAMSEY: Good morning,Members of the Planning Commission. My name is Michael Ramsey. I am a resident of the Golden Gate Estates. I'm also an ecological consultant,have spent quite a bit of time in the North Belle Meade,and I am the president of the Golden Gate Estates Area Civics Association. I have four things I want to bring up to you this morning in regards to the Hussey settlement and the solutions that accompany the settlement.Number one,local tax dollars; number two,transportation traffic; number three,economics;number four,the most--probably most important is community fit. Page 24 of 72 117 1612 November 1, 2012 In regards to tax dollars,the Golden Gate Estates Civic Association,we are in favor of the way this is progressing finding a solution to accompany the settlement. We don't--we agree that the county does not have approximately$90 million to pay for property that it's not going to own,and the money could be used for more important things for the residents. Number two,in transportation and traffic. We do like the example set by Florida Rock in regards to their operation. If you're not familiar with it,they're going to pay,process,engineer,build a haul road that goes south from the Section 30--through 33 and then going west over to Landfill Road. We are all open to any solution or suggestions from any group about how to handle the traffic or spread the traffic or to deal with the traffic in the Estates if the--if this becomes a haul--an area for traffic for hauling. We also consider that this meeting at this point is putting the word out that we're looking for solutions. We're--this is the new--this is the announcement in the community now that in this area traffic-- if you're not aware of what's happening with the Hussey settlement,I want you to come in and participate and talk to us,find new solutions and new proposals,because we consider this to be like a first meeting of a few meetings in this regard. Economics and business in the Estates and the North Belle Meade. We're very interested in proposed solutions that it would improve economic conditions in the Estates,along with the legal settlement especially in the area of job creation,because in the Estates area our big issue is not having jobs for all the residents,and that's why we have a lot of open houses. Community fit. The Golden Gate Estates Area Civic Association,we consider North Belle Meade an integral part of the Estates area. Nothing can happen basically in North Belle Meade without it involving the Estates. So we consider it an integral part of the Estates civic operations. We do have great concerns in the swapping of overlay classifications and the associated densities back and forth with the 846 Trust. We have great concerns,and we want to talk about it more and see if we can find proposed solutions.We're not against it;we just want to make very clear that we have more discussions on this issue,because there are pros and cons to it. We see good and bad,but we want to make sure we get that cleared out. In closing,we are in support of finding a proposed solution combined with the legal settlement that fits the community,benefits the community,saves tax dollars,and it's thoroughly vetted through the people in the community. And last,we want to make sure we--that it is clear that we consider this meeting the first notice that this issue has come up,and everybody that has a say in it should come in with ideas or proposed solutions. Thank you very much. CHAIRMAN KEENE: Thank you. Next? MR.BELLOWS: Peter Gaddy. MR.GADDY: Good morning,Madam Chair,members of the civic association(sic). Doug,congratulations on your appointment. I just want to amplify a little bit of what Mr.Ramsey said. What you are dealing with here is you're dealing with two growth management amendments and a conditional use. That translates to two areas of concern of what we as a civic association have. We're concerned about the compatibility of the 846 amendments with the surrounding community. We're also concerned about the compatibility of the Hussey mine with respect to the surrounding community. We are open to all suggestions. I think that,you know,the hint is already out that the major issue that the community is concerned about is one of transportation and transporting these rocks. To that end,we believe that you don't have the data before you at the present time.Mr.Brougham, very early in the meeting I think you made a comment to that effect that the data we have is-- it's obsolete. And,frankly,that 2005 data is suspect. That was based on totally different economic conditions than currently exist. So what are we looking for? We're looking for some determination of how much rock there is there that's going to be mined out,not only by the Hussey mine,by the Section 20 mine,by other mines that are Page 25 of 72 i6i A7 November 1, 2012 likely to be built in the area. We need to determine whether or not there is a feasible transportation plan to remove that rock without destroying existing communities. So what we're looking for,first of all,are some public information meetings to be held in the community to tell people what this settlement is all about. I understand that negotiations have been going on for a little over a year. We didn't learn about it,of course,until September. No one in the community outside of,you know,the political junkies who attend these meetings know anything about this. So please hold those public information meetings. There's one other process that I'm a little concerned about. At a preliminary meeting where a number of people from Golden Gate Estates were present,we met with Mr.Weeks,Mr.Casalanguida,and Bill Lorenz. And at that meeting I asked who would be representing the settlement,and I was told that it would be Mr.Vega. We're asked what the county would be doing.Well,they said the county would be neutral. And I said,well,who would be representing our community? And Nick looked at me and said,well,all of you. Unfortunately,we're not land planners. We're not experts like the Planning Commission members. We need help. And we'd like you to appoint someone to represent the community. Thank you. CHAIRMAN KEENE: Thank you. MR.BELLOWS: Nicole Johnson? CHAIRMAN KEENE: Don't tell me we're going page by page. MS.JOHNSON: I promise I will not go page by page through this. For the record,Nicole Johnson here on behalf of the Conservancy of Southwest Florida. And I appreciate all of the time that you're taking and you're going to be willing to take to really get through this. This is a very,very important issue. I provided you with detailed data and analysis from the Conservancy's perspective on the settlement itself. I won't go through that line by line,page by page because the direction that you started with this morning and some of your comments tend to be along the lines of what the Conservancy had been requesting which is,this is the first step,and you need to know what facts are out there,what facts you still need to do the appropriate assessment based on what the County Commission requested that you do. So I will just keep my comments a bit more general. We do request that this be the first of a number of meetings,that you continue this meeting based on the information that you believe you need to move forward. And one of the key components for that is to treat this for what it is,two Comp Plan amendments and a conditional-use permit,and that as part of that next step the plaintiffs be responsible for providing you the data and analysis that would be involved in those three applications. As you know,Comp Plan amendments contain a lot of very detailed data and analysis.Conditional uses,what you have right now in the settlement would simply allow for the mining with no parameters for which a conditional-use process would provide. I think back to the Lost Grove Mine,your days and days of hearings and testimony and expert witnesses. That process put in place a lot of important facts;the depth of the mine,buffers, setbacks,the footprint,transportation impacts.All of those things are very important. And as a visual, I don't know how all of you keep your conditional-use information,but this is everything that you received for the Lost Grove Mine conditional-use application. Until you have this,you cannot approve any conditional use. And as an aside,I have always tremendously respected all of the hard work that you do and all the paperwork you go through,but I have now a greater appreciation for how much you have to lug up here. This was quite a feat to bring it up.But I think it provides a good example of this is the amount of detail you need,and you don't have that yet. So making sure that you have what would essentially be that full conditional-use application is something essential. A third recommendation that we ask you to consider is to direct staff and the County Attorney's Office to take a look at other parts of this settlement agreement. I didn't have this in my memo,but it did strike me as I was preparing for my testimony today. You have a lot of whereas clauses that are part of the Page 26 of 72 16I 2A7 November 1, 2012 settlement,and they do tie into land-use decisions,land-use statements,and the importance is that,number one,under your recitals it says that the foregoing recitals are true and correct. So you have to make sure that you're comfortable and the county is comfortable saying that all of these whereases are really the gospel truth. And a couple of them that just struck me,for example,the first full whereas on Page 2 states that at the time of acquisition,the Hussey property was designated agricultural on the zoning maps of Collier County,and the designation allowed agricultural use,rock mining,and low-density residential housing development. Well,the ag and the housing are uses that are allowed by right,but mining requires that conditional-use permit. So you have to be very careful that the wording of that whereas,it really reflects what the law says. On the top of the Page 3,it states the county failed to process the conditional-use mining application. I don't know what that means. Did the county shove it in a drawer? Did they say we're not processing it? What did that mean? So Page 4 the last whereas statement says the sending designation was simply preliminary at the initial passage of Ordinance 2002-32. I know there was a process in place if you felt you were misdesignated,but does that equate to a preliminary designation? I just--I don't know. So there are a lot of things in the whereas clauses that I think staff and the County Attorney's Office really need to go through to make sure that the county agrees with. In addition to that,there are a lot of components of the settlement that would be inconsistent with the Comp Plan,with the LDC.Yes,a Bert Harris settlement does allow that,but it would be good to have staffs opinion as to what the impacts of those inconsistencies would be. Some of them will be looked at as part of the conditional use in the Comp Plan amendment,but for the others that aren't captured by that,it might be good to have some sort of explanation of that. For example,part of the settlement would allow for TDRs on sending lands that have been cleared. Right now you wouldn't get your TDR for 25 years. It would,essentially,restore those TDRs. So what's staffs opinion of that? Is that a good idea? A good precedent? Bad precedent? And also, there are a lot of questions that the public has raised about other things in the settlement. They may not be inconsistent with the Comp Plan,but they do raise questions. For example,it says the county will support the application for the mine to the agencies. Is it county practice to support applications? And what does support mean? Is it a letter of support?Is it if the mining application is denied,the county would intervene on behalf of the applicant in litigation? It just--it raises a question I think staff should at some point address as part of this process. And a final thing that we would like you to consider--and this may be something that evolves as this moves down the road--but there's been a lot of talk about both the Hussey property and the State Road 846 Land Trust site. And the Conservancy--as you've read in the memo,we are very concerned about having this State Road 846 property as part of the settlement. The settlement is over a suit for what can and can't be done on the Hussey property in North Belle Meade,and we really believe that any settlement that comes out of that needs to be focused on the North Belle Meade area. We just don't see the 846 site as having any part of that. And we do have concerns about the ecological and functional value as compared between the two properties. I will just go over a couple of the maps that I sent to you,because Andy did provide some of his perspective,and I know that we'll have future opportunities to do this also,but--and I do have these map packets for you. I know some of you don't want to waste your color printers on a bunch of Conservancy maps, so I will hand these out at the end. Really,from the natural resources perspective,the Conservancy sees two questions as really being at the crux of things,and the first is whether or not the Hussey property was misdesignated as sending land in the first place or whether it is no longer of sending-land value today as we're looking at it,and the second is whether or not the 846 Land Trust property contains environmental attributes that are equivalent to the Hussey property. And in looking at the map of the Hussey property,the Hussey property is--and it's a little tough to see here,but all of this area is within primary panther habitat,and you can see these are telemetry points. Page 27 of 72 i6H 7 �ovem r be 1, 2012 And I think only about a third of the cats are collared,so this represents just a portion of the population. But you can see they are crossing from South Belle Meade. They are coming over the interstate. This is an area where you don't have the high fencing,so the cats are crossing. They are getting hit on I-75. So it's an important area in the future to get fencing,to get underpasses. And as you can see,the cats are crossing through the Hussey property. There's a little bit of movement into the west,but it's mainly this north/south movement that is very,very critically important. In comparison to the 846 site,this site does have a portion of the primary panther habitat;the rest is secondary. And the secondary habitat certainly is important,but the primary habitat contains the lands that are considered occupied by the panther. So,yes,we do want, in the future,to take secondary habitat and get it up to primary habitat standards,but we can't do that in exchange for impacting primary panther habitat and taking that off of the books so to speak. So on this site you can see the site isn't actually adjacent to Corkscrew Sanctuary. There are some ag fields that are in between,and also a road. Cats have crossed into this site,but you do have residential on three sides around there. So this site,we believe,certainly can be improved upon. We don't want to indicate that it doesn't have functional value,because it certainly does,but when we're doing an apples to apples comparison between the two sites,we just don't see this as the functional equivalent. And this isn't just me speaking as a planner. I did consult with David Shindle,who is our panther biologist on staff with the Conservancy. He has a background in wildlife ecology. He has a master's of science in range and wildlife management. And so when I'm speaking on behalf of the Conservancy,it's our panther biologist's position that I'm conveying,and I will provide this,his resume,for the record. Another issue is the fact that the Hussey property contains RCW,both cavity--a lot of cavity habitat within the Hussey property. The 846 site is not RCW habitat,so you cannot,in our opinion,exchange RCW habitat in one area for areas to the north where,yes,it's great that they're going to,potentially,be doing some wood stork restoration,but we don't see that as an appropriate exchange. And I would also point out in our read of the settlement agreement,it doesn't say that there will be the short hydroperiod wetlands that are going to be created. It says that if they need the TDRs from restoration credits,then they will design short hydroperiod wetlands. I don't see anything in there that says they will actually create them or maintain them,and only if it's financially viable,economically viable. So we don't really see that as a lot of assurance that the wood storks are going to get something out of this. And,again,because we're talking really functional panther habitat and RCW habitat,we still just don't see that as an apples-to-apples swap. And I promise this is the last map that I will show you. But I did appreciate some of David's comments earlier about how the county looked when the sending and receiving lands were put together.They layered all of the different habitat maps,wetlands maps,everything on top of another. And what they found was a pattern emerge of certain areas,granted the lines could be a little blurry,but certain large areas of land that provided environmental value. And this is a map that,quite frankly,I was hoping the county would provide,but earlier this week when we decided they probably weren't,we put it together because we wanted to give ourselves and you sort of the 10,000-foot level of what do these two properties look like in the grand scheme of things. And you have--and it's an approximation.And I realize it's not all of Section 29,and there's a little bit of 33 that's part of the settlement discussion,but here's the general area of the Hussey property. And you can see it surrounded by primary panther habitat. You can see this panther corridor in this area. Again,it's still important,but the functional equivalency we don't believe is there. So we provide this for your discussion now,in the future. We just think this is a really important piece of information that hadn't been provided and needed to be. So to conclude,the Conservancy isn't a party to this suit,and we're not taking a position today on whether the county should or should not settle.We're taking a look at the proposed settlement in front of you and providing our concerns,our feedback,and our recommendations as you move forward. The recommendations that we have are,first,continue this item until all the data and analysis has been provided for Comp Plan amendments in a conditional-use permit,direct staff and the County Attorney's Page 28 of 72 November 1, 2012 Office to assess the potential impacts of the terms of the settlement that are inconsistent with the Comp Plan or the Land Development Code that obligate the county to certain actions, such as supporting permit applications that create inconsistency with current county policy or that raise questions where the Planning Commission and the public have said,what does this really mean. Third,direct staff and the County Attorney's Office to really take a close look at those whereas clauses. And,fourth,to discuss the appropriateness of allowing the SR846 Land Trust property to be part of this settlement. So with that,when you're making your final recommendations,I did just print those out for you for your consideration. And as I said,I do have the maps that I had sent you in case you did not want to take up ink in printing them out. I will leave those with David for distribution to you. CHAIRMAN KEENE: Thank you. MS.JOHNSON: And if you have any questions for me? (No response.) MS.JOHNSON: Thank you. I appreciate all the time that you've allowed. MR.BELLOWS: Nancy Payton? MS.PAYTON: Good morning. Nancy Payton representing the Florida Wildlife Federation. The Federation has been an intervener in all the North Belle Meade legal actions that David Weeks referenced this morning. We also are coauthor of the North Belle Meade Overlay,along with Collier County Audubon Society and the East Naples Land Company. And we also were a cosponsor of the private Growth Management Plan amendments that provided additional TDRs for five acres to give greater incentive to participate in the TDR program,and those amendments were adopted. And we do think the TDR program is working,not as quickly as we would have liked, but those were forces beyond all of us. I'd like to speak on several things today.One is clarification of what the next steps are going to be. What are the opportunities for the public to be informed about this process and also to participate? Just as an aside, I'm an East Naples resident,and I think East Naples is tremendously impacted on this proposal. We heard today from Golden Gate Estates residents,but also East Naples along the 951 corridor up into Golden Gate City are also going to be impacted significantly because the trucks and the traffic is going to be on that corridor. So there does need to be outreach to others besides North Golden Gate Estates. And the public needs to know how to react or interact with you. We suggest that you start with the settlement agreement. Nicole mentioned a number of the misrepresentations and confusion in that document.That's the foundation for your discussion. That is the settlement agreement,and it also goes to the need for additional information and clarification. We have long said--and this is even during the settlement negotiations--that 846 and Hussey need to be separated,that 846 does have values in and of itself to be looked at and doesn't need to be confused with the issues that have been revolving around the Hussey property for a decade. The North Belle Meade overlay was a result of a 1997 challenge by the Florida Department of Community Affairs,which Florida Wildlife and Collier Audubon were interveners. And what wasn't mentioned,that that litigation,which was won by the challengers,did result in a moratorium for three years while the planning process was underway,because growth was out of control. And many of those uses were inappropriate,and the county was not fulfilling its legal obligations under the growth plan to protect not just wetlands but wildlife habitat as well. That was challenged by Hussey and others for many of the rationales that you heard today that you ought to move forward with with their settlement agreement,and the judge found that the data and analysis did support where the lines were drawn. And, incidentally,the lines were changed so they went along-- during the settlement talks so they went along section lines or quarter section lines rather than having wavy lines in and out. It was to make it a more manageable overlay. The judge--and we can provide you with the recommended order and the final order that came out of that challenge. The final order from the original settlement is also available. Actually,all of this is online, Page 29 of 72 2 A 7 161 Nmber 1, 2012 and we could send you a link to both of those because many of the reasons that you heard today as to why we ought to move forward or you ought to move forward with the approval were found not to be valid back when the lines were first drawn and the challenge by the Florida Department of Community Affairs was resolved. Then there was the glitch amendments,and they didn't hold water. The data and analysis didn't support under the glitch amendments that were just to tweak to make sure things were done properly close to the receiving lands. The Hussey property didn't rise to the level of being changed from sending to receiving during that process. And then they put their own private Comprehensive Plan amendment in,and that didn't rise to the level of being approved,and then we got to the Bert Harris,which Florida Wildlife Federation and Collier Audubon were and are interveners. We withdrew from the settlement agreement discussions many,many months ago because nature wasn't getting its due consideration,and that's what this all started about was the county was not properly protecting wildlife habitat and wetlands. It's kind of an interesting situation I hear today is that you go about decimating the habitat and then plead,well,this isn't--doesn't have the value,so give us what we would have had if we had had this habitat or lack of habitat prior to 1999. It's kind of like that person that kills the parents and then pleads, "I'm an orphan"to the Court,which is not true. There was reference to Fish and Wildlife Service and consulting with them. There is an open investigation now by the U.S.Fish and Wildlife Service for Dr.Hussey's clearing of the land without properly consulting with the U.S.Fish and Wildlife Service. So when we hear they're going to consult with Fish and Wildlife Service,remember,there's an open investigation now. A couple of other comments,random,based on what I heard today,neutral designation. Neutral designation did not come about as an interim environmental designation. In the final order that came out in 1999,it said that schools could not be in sending lands. And what happened is that the three school sites that were purchased,actually,when the modeling was done,those lands rose to the level of sending lands,and they couldn't be there.And we're talking about Section 24 in North Belle Meade. We're talking about property on the northeast corner of North Belle Meade;both at that time were school properties. And then there's also one that is north of the Cypress Canal,which is south of Immokalee Road,and was purchased during the moratorium for two schools and a park. That's how neutral came about is that they couldn't be sending lands;they had to be something else. And neutral came about. It has nothing to do with environmental values. Because if you go back and look at the modeling that was done for North Belle Meade, Section 24 had actually some of the highest values of all. It's not Dr. Hussey's property,but I think we've got to get things straight about these different designations. Section 24,that school parcel now is part of Conservation Collier,and the school abandoned that site, sold it to the county because there were too many environmental hurdles. So,please,when you hear neutral,neutral is not an environmental designation. It was one of necessity because the school board bought sites that had high environmental values. And there are other neutral designations that are part of the Mirasol project,which was underway before the designation came about for the final order. The challenge to the sending land designation which was upheld by the administrative law judge and the state was based on best available data.And you didn't need--the judge said,you didn't need to ground truth every acre,that how the county determined sending rose to the level of being legitimate and valid. And there's more to this issue than just wetlands. It is wildlife habitat. Panthers do not have webbed toes. Neither do gopher tortoises for that matter,or other wildlife,burrowing owls. So when you zero in--when folks zero in on wetlands,please think broader. It is wildlife habitat, upland habitat. And,in fact,during the challenge,the expert for Dr. Hussey,Tom Logan,acknowledged under cross-examination that Dr.Hussey's property was within the home range of two panthers. He said that under oath and as the expert for Dr.Hussey. So we know from his expert that it is panther habitat. Furthermore,U.S.Fish and Wildlife Service is approving panther mitigation,panther compensation lands in North Belle Meade near Dr.Hussey's property. If the Fish and Wildlife Service didn't think it was Page 30 of 72 A 16i A 7 November 1, 2012 viable for panthers and important for panthers,they could not be accepting permanent easements, conservation easements for land within North Belle Meade. Florida Rock,East Naples,Section 20,those mines,which are in receiving areas,are doing some of their,if not all of their,panther compensation in North Belle Meade,all they possibly can do. So North Belle Meade does have value for panthers. One of the oppositions from the wildlife agencies to the interchange is because of the impact to panther habitat in North Belle Meade. So when people say--representatives of Dr.Hussey say that it does not have panther value,it does.And,in fact,there is a makeshift panther crossing under the Miller Canal bridge that is being used by wildlife. So there is habitat connectivity in a thin sense,and hopefully some day there will be a legitimate underpass. A little bit about the roads and Wilson Boulevard. When the North-- CHAIRMAN KEENE: Could we--we're well over the--we're double the five minutes. So if we can kind of-- MS.PAYTON: But,you know,we're an intervener,and I think that our point of view is important to you. And I'm almost done. And you heard a lot from other folks. CHAIRMAN KEENE: I'm trying to keep everybody to under 10 minutes, so we want to get through everybody that's here,so-- MS. PAYTON: Okay. The Wilson Boulevard extension that was originally part of the North Belle Meade overlay but it was opposed by county staff,Norm Feder,for the very reason that you're hearing today, it is dumping too much traffic in the 951 corridor. So 10 years ago it was a bad idea. Now, suddenly,it's a good idea. I'll sum it up and say that please set a schedule. People need to know. And please start with the settlement agreement and going through that line by line because there is misinformation in there and misrepresentations. CHAIRMAN KEENE: And if you would send the links you were referring to to us,that would be great. MS.PAYTON: Oh,so that you can read the final order and the recommended order and such,yes. I'll do it for both the challenges. COMMISSIONER RANKIN: Madam Chair,would it be appropriate for me to ask the speaker a question? CHAIRMAN KEENE: Absolutely. COMMISSIONER RANKIN: I don't go far back enough to the expansion of Alligator Alley into I-75,but I assume your organization was involved in that process,wasn't it? MS.PAYTON: Yes,we were. COMMISSIONER RANKIN: And as we heard,the primary reason this land is being degradated from an environmental standpoint is the drainage caused by that project,allegedly. What was involved in that project that foresaw that or dealt with that?Because you were involved. I know I wasn't back then. MS.PAYTON: I wasn't back there,but I can speak a little bit about the North Belle Meade rehydration efforts,because we have been involved in that. And the water comes from the north. So if I-75 was blocking water,there would be more water in North Belle Meade rather than-- COMMISSIONER RANKIN: I believe the question is the canal is draining that area immediately above the interstate,which includes the Hussey property. And what was done back then to deal with that,or was that just given? MS.PAYTON: I can't speak to that,but I can tell you there are plans under the Watershed Management Plan and the Big Cypress work plan to address that,and one of them is near the landfill for better passage under I-75 and also to do spreader canals in North Belle Meade to rehydrate the lands, particularly those that have been put into conservation easements as mitigation lands. So there is a lot of work that's been put into and it's continuing to try and rehydrate and restore North Belle Meade,which was one of the goals of the North Belle Meade overlay. But I can't answer your question about the interaction of-- COMMISSIONER RANKIN: I know you've been involved in-- Page 31 of 72 1612 2 November 1, 2012 MS.PAYTON: --I-75. COMMISSIONER RANKIN: --everything else. I thought you might have been involved in that. Thank you. MS.PAYTON: Thank you. MR.BELLOWS: Pat Humphries? MS.HUMPHRIES: My name is Pat Humphries. I live in Golden Gate Estates since 1992 off of Wilson Boulevard. I'm also on the board of directors for the homeowners association of Golden Gate Estates. Today I am speaking for myself. Earth mining,while advantageous to property owners, is not compatible with a residential neighborhood and creates many negative and dangerous conditions. In this case,Golden Gate Estates. Safety is immediately compromised as hundreds of dump trucks impact the main commuter roads and school bus routes. The trucks and the drivers are a major concern. Speed is money. When the trucks are empty,the drivers exceed the speed limit in order to reload as quickly as possible. This is especially true on Wilson Boulevard between Golden Gate Boulevard and Immokalee Road,a four-mile run with no light. When they are carrying a full 70,000 gross vehicle weight load,they drive too slow,holding up traffic. The county had to pass an ordinance restricting them to one lane because they were using both lanes and causing traffic delays. The commercial motor vehicle unit within the Sheriffs Department does an excellent job but cannot be expected to monitor such a large fleet of trucks. Accident citations this unit has served on dump trucks include follow too close,careless driving, failure to maintain equipment, improper lane change,failure to yield right-of-way. The highest amount of citations were for careless driving. Earth mine blasting causes structural damage to the homes closest to the mines. Real estate values are compromised because people don't want to live in an industrial park atmosphere nor do they want to buy a house when there's a dump truck parked in the driveway or backyard or front yard next door. Living next door to a dump truck driving means being awakened at 3:30 a.m.to the sound of a truck warming up,doors slamming, loud voices,and noxious smell of diesel fuel. Although maintenance is not supposed to be done on the trucks on private property,the oil barrels and flat tires pile up in their yards. The sound of an electrical air handler is an added attraction. Presently,there are not that many dump trucks on the road. The problems I have described were in conjunction with the two earth mining operations that were active several years ago. Since then a third mine has been added in the Estates area. When these existing mines are up and running and at full capacity with all the accompanying negative impacts on the Estates residents,then the last thing we need is a fourth one. You've discussed the value of rock,the preservation of the environment and endangered species. What about the residents? What about their safety and quality of life? Thank you. CHAIRMAN KEENE: Thank you. MR.BELLOWS: Roger Rice? CHAIRMAN KEENE: Ray,how many speakers do you have left registered? MR.BELLOWS: Three left, including Roger Rice,or not including. CHAIRMAN KEENE: Okay. I think we want to try to get through every--all the speakers before lunch, if I everybody agrees. Okay. MR.RICE: Good morning. I guess it's still morning. My name is Roger Rice. I'm an attorney. I represent the developers of CityGate Commerce Park. On the overhead projector is an aerial of CityGate and the interchange of I-75 and Collier Boulevard. CityGate is over here in the northeast quadrant of the interchange just north of White Lake Corporate Park. In light of the extraordinary circumstances that we have here,I ask that my letter of October 30th be considered by the CCPC even though it was not submitted within the normal minimum seven days prior to this hearing. Page 32 of 72 161 2 11 / November 1, 2012 Now,these are extraordinary circumstances in that what we're dealing with is,essentially, it's a Comp Plan amendment and a conditional use. This was all made known to CityGate four days prior to the-- no,five days prior to the board meeting in September. The data and analysis that you've been provided that we've already heard,it's outdated. It needs to be updated. Nicole also advised you,and I concur,you need to have staff and the County Attorney's Office tell you or point out exactly what are the inconsistencies between the settlement agreement and what's in our Comp Plan so you know exactly what's changing. One thing there would be the Future Land Use Element of the GMP only addresses mining and-- mining operations on an asphalt plant on a portion of receiving lands in the North Belle Meade. Now, in the settlement agreement,it talks about these two uses,earth mining at an asphalt plant becoming a permanent--excuse me--a permitted use on the Husseys'property,on a portion of the Husseys' property,but then it goes further as a concrete batch-making plant,recycling of concrete and construction debris. In any event,all of these inconsistencies need to be pointed out so that you can properly review it. As I said,CityGate is a vested--excuse me.CityGate is a vested PUD/DRI of approximately 290 acres. CityGate is located in the northeast quadrant of I-75 and Collier Boulevard. Now,we have two ingress and egress points on Collier Boulevard. CityGate Drive,which formerly was Utilities Drive,which also provides access to the county's landfill,the South Collier Regional Water Treatment Plant, White Lake Corporate Park,and others. Also,we have CityGate Boulevard North. The northern entrance is near the main Golden Gate Canal. And these were mentioned by Mr.Rankin. If you'll go to the next one. Now,these intersection locations were dictated to CityGate back in 2002. This aerial is from 2002. Now,you can see,where CityGate Drive is,that was where Utilities Drive was. That was access for the South Collier Water Regional Treatment Plant. You can also see back in 2002,Landfill Road or White Lake Boulevard, if you were coming north on 951 and wanted to make a turn,you almost had to do a U-turn. CityGate has relocated that as far to the east as it can,because it's limited by the South Collier Regional Water Treatment Plant. Our entrance to the north is as far north and away from the interstate as possible without impacting the bridge of 951 going over the Golden Gate Canal. If you could go to the next one. In the data that was supplied for the 2005 Comp Plan amendment, it indicated that there were 45 million tons of material to be excavated on the Husseys'property. Forty-five million tons of material,once loaded in the trucks,would equate to about 55 million cubic yards of material to be hauled off. They also estimated that they would be hauling 930,000 cubic yards of material a year. Put that into perspective,that's over 59 years. So we have some important considerations here,and we need to take our time and make sure that we do this right. With regard to environmental issues,we're--CityGate,we'll leave that up to the parties of the lawsuit,the county,excuse me,the Husseys,Florida Wildlife Federation,Collier Audubon Society,and also to the Conservancy,with the exception of one issue--which I pointed out in my letter and which was also pointed out by Nicole--the statement that the county agrees to support their federal and state permits,the Husseys'federal and state permits,without knowing exactly the extent and what they are is a pig in a poke; you can't do that. Finally,as you would surmise from my letter,our major concern is traffic. If you could go to the next one. Now,the proposed Hussey settlement agreement stipulates that they would dedicate 180 feet of right-of-way for the future Wilson Boulevard extension,unquote,along their southern property boundary. This dedication is conditioned upon their permitted access onto,quote,the future Wilson Boulevard extension,unquote,for the hauling of excavated material subject to the conditions in any excavation permit. Again,transportation issues should be taken on at the time of conditional permit,not at the time of Page 33 of 72 16 1 , 3 -- November 1, 2012 excavation permit. The proposed Hussey settlement agreement benefits Florida Rock with at least one mile of right-of-way. Now,we've heard some mention about where--let me move over here. Can I use this? MR.WEEKS: Yes. MR.RICE: No,no,no. Can I use this? MR.WEEKS: Yes, sir. MR.RICE: We've heard some-- COMMISSIONER BROUGHAM: It's on. MR.RICE: Okay. We've heard some discussion with regard to the East Naples mine. That's that yellow that's indicated in--or indicated as Florida Rock and also the blue that was indicated as APAC. Now, the blue is being--a portion of the blue is being mined right now,and they're hauling off to the north on 5th. The yellow,or the Florida Rock portion,they are in for permits for their haul road,that red line, which is 3.84 miles,which would then connect to Landfill or White Lake Boulevard just to the east of the county landfill. As you can see the location--I don't know if you can make out on the overhead,but the purple is-- essentially,that's the Hussey property there. Now,the 2035 long-range transportation plan,needs plan, includes a four-lane extension of Wilson Boulevard and Landfill/Blackburn Road,but the whole right-of-way needed is 6.84 miles of right-of-way. What we've done here so far,we've permitted for Florida Rock a haul road. We're going to use our eminent domain to help them build a haul road. We can't just--first of all,I don't believe that that's a public purpose. I believe that that's using eminent domain for a private use. But regardless of that,we certainly can't just exacerbate the problem. In any event,the--if the traffic from the Husseys'property were to come to--heavy truck traffic were to come from the east,we have--would you go back to this one. We have this--and I'm going to wrap up very quickly here. What we have here is a condition where right now the light is at Utilities Drive now known as CityGate Drive. The county is involved in their expansion of 951 right by the interchange. The expansion goes all the way to the Golden Gate Canal. We have been told by the county that at the conclusion of that expansion they will move the light from CityGate Drive up to CityGate Boulevard North. What that would mean would be for Florida truck-- Florida Rock,for their trucks,they would come down,reach CityGate Drive,they would have to stop,fully loaded with 70,000 pounds,proceed to CityGate Boulevard North, stop,turn to the right,make a U-turn,then come back to 951 where they would have to wait for a light. Now--and it's been--as everyone knows,trucks,fully load,travel slow. We would have to expand the green just to get the trucks out onto 951,which then will impact the road. This is all in close proximity to I-75,which they're already planning another expansion or construction project for there. In any event,all of this needs to be taken into consideration,and we hope that you will take your time and start by having it identified,what are the changes,and then have current and proper analysis before you make any decisions. Thank you. CHAIRMAN KEENE: Thank you. MR.BELLOWS: Brad Cornell? MR.CORNELL: Madam Chair and Commissioners,good morning--good afternoon. I'm Brad Cornell,and I represent Collier County Audubon Society.And I appreciate the opportunity to address you on this issue. The rural fringe mixed-use district was established,as we have heard, in response to a 1999 final order from the governor and cabinet which found that Collier County was not adequately protecting its wetlands,wildlife habitat,and agriculture. The proposed settlement before you today would destroy hundreds of acres of panther and Red-cockaded woodpecker habitat,thus basically undermining the rural fringe mixed-use district purposes. This is not a minor adjustment or a squiggle of a line,to use David's terminology. This is a major Page 34 of 72 1612 A7 November 1, 2012 change,and it's an undermining change. Let me provide a couple of details. There were several rounds of litigation that have already happened over these policies in which we have participated along with our colleagues and the county in helping defend the county's policies. Those rounds of litigation have established the legality and fairness of the rural fringe mixed-use district. There is no need for this settlement. This has been defended successfully three times at least. Many acres,hundreds of acres were clear-cut by the Husseys. This included Red-cockaded woodpecker habitat and Florida panther habitat,and it was done without the required incidental take permit from the U.S.Fish and Wildlife Service or any consultation with the U.S.Fish and Wildlife Service. Settlement--the settlement document implies,incorrectly,that the county should have granted the Husseys a rock mine application that was submitted after the adoption of the rural fringe mixed-use district. That doesn't make any sense. It also suggests that TDR credits would still be available for sending lands where mining will now have been allowed. TDRs were forfeited for 25 years on much of that land because it was clear-cut,as I mentioned,without any incidental take permit. The document refers to the National Audubon Society and implies that there's some support there. That is not the case. Audubon does not--National Audubon,which owns Corkscrew Swamp Sanctuary, does not support this settlement nor has reviewed it significantly. The Husseys'lands,their wetlands,could not change by hundreds of acres in the 10 years without a dredge-and-fill operation,as suggested by Mr.Woodruff earlier this morning. It takes many decades for such changes to occur,and the--as the Hussey folks themselves have noted,there are wetland restoration opportunities that will be coming--becoming available through the water--the Collier Watershed Management Plan and Big Cypress basin,and Nancy Payton also mentioned this opportunity. That's without the mining. So these wetlands will be restored,and I question the maps that were shown to you. The primary habitat values of the Husseys'lands focus mainly on pine flatwoods for Red-cockaded woodpeckers and significant Florida panther habitat. The 846 Trust lands do not compensate for these values,which are going to be destroyed on the Hussey lands. So this is not an equivalent exchange. It is not fair compensation. The 846 land values are primarily for restoration of wood stork foraging wetlands and,as such,could be and would be, if they were restored,very,very valuable because of their proximity to Corkscrew Swamp Sanctuary and,basically,the largest wood stork rookery in the nation. But there is no wood stork habitat restoration as part of the settlement. So,again,this doesn't make sense. It's not compensation for the destruction that's going to be going on on the Hussey lands. Now,as a stand-alone the 846 lands make a whole lot of sense for consideration in a future action but not in association with this settlement agreement. Also,the 846 lands,as were referred to by Mr.Vega,are not adjacent to Corkscrew Swamp Sanctuary. These 846 lands are quite isolated and only valuable for their wood stork restoration. As panther habitat,they're surrounded on three sides by residential development and future increased development and a major road, 846,and private agricultural land. Collier County Audubon Society recommends gathering the necessary data for evaluation of this settlement and,as such,continuing this discussion and this hearing;however,we believe the proposed settlement is ill-advised,unnecessary,and contrary to the purposes for which the rural fringe mixed-use district was established in the first place. Thanks very much for your consideration. CHAIRMAN KEENE: Thank you. MR.BELLOWS: Mark Teaters? CHAIRMAN KEENE: Is this the last speaker? MR.BELLOWS: The last speaker would be Mr.Vasey. CHAIRMAN KEENE: Okay. MR.TEA'1'ERS: Oh,boy. Good afternoon,Madam Chair,staff,committee. And,by the way, congratulations to our good friend Doug Rankin on his new appointment. Page 35 of 72 16 t My name is Mark Teaters. I'm the past president of the Golden Gate Estates Area Civic Association, one of the founding members of the homeowners association of Golden Gate Estates,and the final chair of your recently sunsetted Collier County Horizon Infrastructure Committee. I'm not here to--first of all,let me tell you,I do concur--and I'll be brief. I do concur with many of the speakers that came here before that we do need much more data and we need public meetings. We really need to make sure that this gets vetted because this is really a complicated matter,not only in the transportation and the environmental and the wildlife issues,but I live on Golden Gate Boulevard--I'm sorry --I live on Wilson Boulevard South,which would be--I'm sorry. It's been one of those days. Work and not as much coffee. I think it's important to remember that we live in a neighborhood,and I represent basically the same 40 landowners that I stood before you representing many years ago on this same issue. It's really important that we have rights that would be drastically taken from us if they run hundreds of dump trucks up our street every day,plus the fact the entire Golden Gate Estates would be impacted,not just if there's one entry point,but if there's several. Again,I've been here before. We do have vested rights as a residential community as well. One of the things that I wanted to--I talked with some other folks this week,and I think there was a --there was an original settlement agreement that was offered several years ago in 2007,I believe,2007 was the year,that--and we've lost a lot of interesting things in this time period. We lost--there was a proposal made that they were going to have large preserves on this property. There was going to be an endowment that was going to be presented that was going to be given to the community for different community uses and things like that. There was going to be a truck wash that would wash the trucks before they got onto the streets so that they wouldn't impact the environment and the people and their health. Also,the property at the end of this was going to be donated back to the residents of Collier County. Now,it appears through this process we've lost all that. And I think it's important. I'm not interested in discount rock. I don't think the county should make a decision even partly on getting reduced-price rock. We already have people that are in that business right now.We shouldn't be worrying about saving money on that. Let's see. What else? I think that's pretty much it. I think that--I just want to make sure that this is something that--we need to make sure that this gets vetted,and I do--again,I do agree with Peter and all the rest of the speakers before;we just need to make sure that the people are aware of what's going to go on and make the right decisions. Thank you. CHAIRMAN KEENE: Thank you. MR.VASEY: Ladies and gentlemen,good afternoon. I'm Duke Vasey,Chairman,Collier Soil and Water Conservation District. My comments are really directed at two cases that are now pending before the Second District Court of Appeal,and I think,and we think,that any proper resolution must include not only the litigants but the general public. You know from comments today that there are three types of lands within the rural fringe mixed-use district,sending receiving,and neutral,and that was a discretionary decision made by the Board of County Commissioners. You're also aware that the county,administratively,without public participation,decided boundaries in the rural fringe amendment and overlay for North Belle Meade. There's a consistent theme in this entire case: No public participation. No gathering of data. You can't go to court five years later and have a judge rule,well,you don't need it. You can't arbitrarily do things. You can't deprive a litigant,you can't deprive the county. If it was a bad staff action,it was just a bad staff action. We would hope that if something does materialize first,the public involvement is intensified. Second,we actually understand what we're deciding in your recommendation to the Board of County Commissioners to approve some settlement agreement. Thank you. CHAIRMAN KEENE: Thank you. Okay. Page 36 of 72 161247 November 1, 2012 MR.BELLOWS: No other speakers. CHAIRMAN KEENE: Okay. At this point we will break for lunch,close the public hearing,and then the commission can discuss the next step. Lets return at 1:15. Thank you. (A luncheon recess was had.) CHAIRMAN KEENE: If everyone would take a seat. When we left off,we finished with public comments. At this point the commission will discuss where we go from here. Bob? Where is Bob? MS.ARNOLD: He's out in the hall. CHAIRMAN KEENE: The petitioner was going to discuss some options to hold public meetings,so would you like to present that first? MR.VEGA: Sure. We spoke over the lunch,and we think it would be a sound idea to supply the commission with additional data. I don't think we would ever come to the level of the Lost Grove stampede or stack that we saw earlier. We think a public meeting would be a good idea. We'd be happy to hold one. And I would like some guidance. From what I've heard,I would expect that we should package and supplement our environmental data. We should put together some transportation impact data for you. I also think that Mr.Bonness'comments regarding the natural resources ought to be pinned down and,as I said,the environmental data;those in my mind that would not rise to the same level of a Growth Management Plan amendment or conditional use. We are in a settlement posture. We do have a clock ticking on the appellate court. If we don't get together and try to resolve this ourselves,their lawsuit will probably go one way or the other,and this is our chance right now to strike a chord that makes sense and to compromise. And to the extent that I can get some direction from you-all as to what key points or key questions are,then that will give us something to work on and present back to you-all. CHAIRMAN KEENE: Okay. I don't want to speak for the other commissioners,but I think one of the items is to have something that staff can evaluate to provide the commission with the incompatibilities so they can review from that standpoint. MR.VEGA: Which incompatibilities? CHAIRMAN KEENE: The incompatibilities that are listed in the settlement agreement versus the uses on the property. MR.VEGA: Okay. Would you want me to go through the settlement agreement and highlight what we perceive to be the changes and why they're there? CHAIRMAN KEENE: Yes. MR.VEGA: Okay. COMMISSIONER RANKIN: And then have staff do the same? CHAIRMAN KEENE: And then--right,correct,staff can review comments from their perspective. COMMISSIONER RANKIN: Also--sorry,I didn't mean to interrupt. CHAIRMAN KEENE: No,go ahead. COMMISSIONER RANKIN: Maybe we could have county transportation look at what they provide,too. CHAIRMAN KEENE: Well,I think that would involve all of county staff;transportation,County Attorney's Office as well. COMMISSIONER BROUGHAM: Melissa,I'd like to,with your permission,try to shape this into a motion with some more specific direction,and we can discuss whether we need to add to that or subtract from that. So if you'd like me to take a crack at a motion,I'd be more than happy to do that. COMMISSIONER KLEIN: Overachiever. MS.ASHTON-CICKO: Madam Chair,could I just comment for a moment? CHAIRMAN KEENE: Sure. Page 37 of 72 16 1 ove ?1, 2012 MS.ASHTON-CICKO: Because I think--we haven't heard too much discussion yet,but I think from what I'm hearing where you're going is that perhaps the CCPC feels at this point you don't have enough information to be able to make a recommendation,and I think if you feel that way,you need to take a vote on that so that can be conveyed to the Board of County Commissioners. I think that if you're going to go forward with getting an additional data and analysis and public hearings,we need clarification. Are the public hearings going to be hearings that are--you know, if they're going to have public information meeting,are they going to be advertised or are they going to be just posted, and a time frame of when this would be completed,because I think that we're going to need a final resolution in January. CHAIRMAN KEENE: What-- MS.ASHTON-CICKO: No later than January. So I just want to make sure that,you know,the course that you're proceeding and that we're clear on who's providing what information if you need additional information. CHAIRMAN KEENE: Okay. What I discussed with David would be treating a public meeting kind of like a NIM. MS.ASHTON-CICKO: Okay. So that would be advertised,and we need the applicant to confirm that they're willing to pay for the ad. CHAIRMAN KEENE: I think it's imperative that we have some type of advertising for the public. MR.VEGA: Are these like the ads in the newspaper? MS.ASHTON-CICKO: Yes. MR.VEGA: They're not terribly pricey,I don't think. No,they're less than a thousand or so. MS.ASHTON-CICKO: I believe so. COMMISSIONER RANKIN: And the other thing we'd have to do--sorry--I think before he can craft a motion is find out how long it's going to take Mr.Vega to produce what we want and how long it's going to take staff to look at it. COMMISSIONER BROUGHAM: Well,until we tell him and agree on what we're asking for, it's going to be hard for him to estimate when he can come back. So in my opinion,we need to be a bit more specific in what our request for information is going to be. And then--I'm starting to craft a motion,but it would be my opinion that if we get concurrence on the type of information and the level of detail that we're asking for,then we could rely on our staff,our total staff,to then be responsible to set the date for the next hearing,because I'm also--I also think it's appropriate that staff make some analysis that what the staff reports to us as is common after the data is submitted,and they're going to need some time to do that as well,so-- COMMISSIONER VONIER: There are two Comp Plan amendments and one conditional-use item, and we--this panel,I think,would be risking compromising our LDC and GMP without full staff involvement. COMMISSIONER BROUGHAM: I agree. CHAIRMAN KEENE: Mr.Midney? COMMISSIONER MIDNEY: I have a question about this date that you said of January. I don't see how we can really appropriately evaluate this before January. Why--what is the big deal about January? MS.ASHTON-CICKO: As you know,this case is in litigation,and it's now in the Second Court of Appeals,and the appeal briefs are due in February. We're--apparently,the order that the Court's issued has indicated no further extensions on the appeal briefs,because there's been some time of negotiation. We could certainly approach the Court again,but I don't know that they would agree to another extension since the current order says none. COMMISSIONER RANKIN: And in my experience,you can take the Second District at their word. COMMISSIONER MIDNEY: But our board--our role as a Planning Commission is to really carefully consider something with such big ramifications,and I don't see how we can really do that if we have such a tight time frame. COMMISSIONER BROUGHAM: Paul,I agree with you. Page 38 of 72 A7 November 1, 2012 MS.ASHTON-CICKO: Well,you know,you--I guess my caution is that you would be deciding something after the Court of Appeals has already made a decision on the ruling,so the case could essentially be over at the time,and to avoid having a lot of cost and expense on both the applicant's shoulders and the county's shoulders, I'm trying to avoid that happening. It would be moot by the time you guys hear it,that's all. COMMISSIONER MIDNEY: Yeah,I can understand your point,but at the same time, if we're going to deliberate on this, I think that we owe it to the public to do a good,thorough job,and if it's sort of a rush job,it's almost as though we haven't really thoroughly done our job. COMMISSIONER RANKIN: Is this settlement contingent upon not submitting those briefs? Because as you and I know,you submit their answer brief,they submit their reply,and then you wait three or four months before you're going to get a decision. MS.ASHTON-CICKO: Yeah. COMMISSIONER RANKIN: And you,theoretically,have all that time. So are we rushing this just to avoid filing the answer brief,or is that contingent on it or what? MS.ASHTON-CICKO: No, it's not contingent,but it's also--remember,this isn't a settlement agreement. It's an offer to settle that's been proposed by applicant in the form of a settlement agreement. So,you know, some of the comments of,has the County Attorney's Office accepted all these provisions? No. This is like a letter of an offer of settlement,just in the form of a settlement agreement. So some of the comments of,look at whereas clauses and the provisions,you know, if the CCPC in the future recommends that,yes,we think these land uses can change and we can support that,it's at that time that both staff and the County Attorney's Office will flesh out the language for the settlement agreement. But you have the conceptual initial draft before you. COMMISSIONER VONIER: Heidi,you also have two separate items,two separate parcels of land. MS.ASHTON-CICKO: Yes. COMMISSIONER VONIER: And the people that are going to comment,some will have comments about one and some have comments about the other,and they don't necessarily cross. So these should be addressed from a land-use point of view as two separate items,in my opinion. COMMISSIONER BROUGHAM: If I might? CHAIRMAN KEENE: I don't know the two-- COMMISSIONER BROUGHAM: Just some comments on the last conversation. As far as I understand and as far as we were provided excerpts from the BCC meeting,they asked us to do a thorough analysis and make recommendations concerning Growth Management Plan amendment and a conditional-use amendment. There were no time constraints put upon those deliberations and recommendations. COMMISSIONER EBERT: That's correct. COMMISSIONER BROUGHAM: If we're now hearing from the County Attorney's Office that we are under a time constraint with perhaps some penalties coming from the Court,penalties in terms of,well, we're just going to decide this case without your recommendations,then so be it,but that's not the way I understood our charge. And I agree with Paul and others that if we're going to do this job and do it right-- and we heard a lot from the public this morning as well that they want the time and the data to have an opportunity to input,then I think we have to do all we can to expedite,but I also think we have to do all we can to accommodate the public and this board with data. MS.ASHTON-CICKO: May I make a suggestion? COMMISSIONER BROUGHAM: I don't see the--pardon? MS.ASHTON-CICKO: I'm sorry. I didn't--may I make a suggestion? My suggestion to you would be that you do--your recommendation or update to the board would be in two parts;one, if you feel you don't have enough information, let the board know we don't have enough information. These are the following things that we need in order to give you a recommendation,and then staff and Mr.Vega can come up with a time frame of when those things can be accomplished and when it can come back to you,and that's how I would do it. COMMISSIONER HOMIAK: Heidi,these two sheets,these were your sheets of the criteria that Page 39 of 72 Al .1. V November 1, 2012 you wrote? MS.ASHTON-CICKO: Yes. Well,those are the criteria from the-- COMMISSIONER HOMIAK: Because this will pretty much sum up what everybody's looking for and asking for now. MS.ASHTON-CICKO: Well,that's just the criteria that you need to review when you make your decision. COMMISSIONER HOMIAK: The whole conversation all day's been about this,these specific things. COMMISSIONER BROUGHAM: The only data-- CHAIRMAN KEENE: One at a time,please. COMMISSIONER BROUGHAM: Sony. COMMISSIONER HOMIAK: And most importantly for us,we've heard a lot about it and there's a lot of concern is on the criteria for conditional uses in No.3,under No.3,ingress and egress and--et cetera. MS.ASHTON-CICKO: Uh-huh. I mean,this is-- COMMISSIONER HOMIAK: This would be the information. MS.ASHTON-CICKO: --your first public hearing on it. It's not an advertised public hearing,but it is a public hearing,and the schedule has been noticed. CI-IAIRMAN KEENE: Schedule meaning? MS.ASHTON-CICKO: I'm sorry. Your--your agenda is noticed and posted on what's going to be heard so,you know,there is some notification to the public of what you're going to be discussing.But your first question is,do you have enough information to make your decision,because you may have enough information to make your decision. COMMISSIONER EBERT: No. COMMISSIONER KLEIN: I don't think so. COMMISSIONER BROUGHAM: Well,we're all saying the same thing,Melissa,I think. CHAIRMAN KEENE: Right. COMMISSIONER BROUGHAM: I mean,we're hearing the same request from different voices. CHAIRMAN KEENE: So,Heidi,is your recommendation that we form our motion to the BCC in terms of what we feel we need to make a final recommendation to move forward and then let staff work-- MS.ASHTON-CICKO: I think it should be two-part,is just a motion to let the board know that you don't have enough information,okay,and then the second one is going to be a motion on what information you need in order to make that decision,and then staff can evaluate when--a time frame for you to be able to complete--you know,to get the information to you and have it rescheduled. COMMISSIONER RANKIN: And the thing that concerns me about this item is,unfortunately,this item has the dubious distinction of being the first time that major transportation impacts into this area are being considered. All these other environmental things,those are property specific.This where are we going to send 400 trucks a day is setting a policy and a provision that's going to govern this whole area from here on out,at least to some extent,and that I don't know is something that we can jump on on this short a notice. The only thing else that surprised me quite a bit, I came in here thinking this was a settlement agreement like I do--been doing for the last 30 years where the parties got together,beat their heads up against the wall and came up with a--something. This is not. All this is is this is an offer. There's been some staff involvement in it,but next to no policy decisions have been made. We're,essentially,being asked to review a first offer in a settlement negotiation. COMMISSIONER BROUGHAM: Based upon 2005 data. COMMISSIONER RANKIN: Yeah. Well-- MR.VEGA: I wouldn't say the settlement offer is based upon the'05 data,and I wouldn't characterize it as unilateral. This is this product of several mediations. I won't go into any specifics or who proposed what,but this is definitely bilateral,if not trilateral. COMMISSIONER RANKIN: That makes me feel a lot better,because that's what I needed to know is that this just wasn't a first offer out of--from your side with only technical staff review,which is what I was being led to believe this was. Page 40 of 72 16 JovZeAZ A -7 MR.VEGA: No, sir. COMMISSIONER BROUGHAM: What I meant by 2005 data is the only data that I've made-- that's been made available to me is from 2005 associated with that petition that went before the,BCC. That's the only information that I have concerning transportation,environmental,hydrology,et cetera,et cetera,et cetera. We have no current information other than what we might have seen today. MR.VEGA: Correct. And I believe we need to take what was presented to you today,both the hydrologic data,the environmental data,and the traffic information that we have,and package it for you-all so you have that in front of you,and not part of a slide show,but something that you can review ahead of time. MS.ASHTON-CICKO: And I just need to jump in, if I could,for a moment. I can't say that this is a trilateral agreement. There's been no recommendation of approval by the County Attorney's Office,no recommendation of approval by staff. There have been unsuccessful meetings to settle;otherwise,you would have a settlement agreement that was being supported by staff and the County Attorney's Office,and it would be presented to the Board of County Commissioners in a much different fashion. But there have been settlement discussions,and this is the product of their attempt to try to reach an agreement. COMMISSIONER VONIER: And it's those staff reports,Heidi,that we lean on and work on to come to a conclusion,and we've had none of those. MS.ASHTON-CICKO: Yeah,I understand. COMMISSIONER MIDNEY: I'm also concerned about we may be creating a precedent; if a landowner who wants to get something expedited feels that he can do it by starting a Bert Harris claim,and then they may not get the full attention that it would otherwise if it was going to be a Comp Plan amendment or a conditional-use permit,this might encourage the same thing again. MR.VEGA: If that landowner wanted to plan 10 years ahead of time and spend a couple hundred thousand dollars,I would agree with you. They would also have to have a mining application pending prior to the adoption of the RFA. This is a very unique set of circumstances that will never be duplicated. CHAIRMAN KEENE: It definitely wasn't, I don't think,an expedient process. COMMISSIONER BROUGHAM: Where do you want to go? I mean,I can form a motion that-- COMMISSIONER HOMIAK: Well,you need--I'll make a motion that we don't have enough information today to make a recommendation to the board. COMMISSIONER EBERT: And I'll second that. CHAIRMAN KEENE: Okay. All in favor? COMMISSIONER RANKIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VONIER: Aye. CHAIRMAN KEENE: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN KEENE: Motion passes 8-0. You want to take a crack at the next motion? COMMISSIONER BROUGHAM: I'll take a crack at it. This concerns the Hussey property,and I'm specifically excluding State Road 846,which I think is not in focus,my opinion. And I would make a motion that we continue the meeting and--to a date determined by staff and dependent upon the completion of the following: The preparation and submission of all appropriate data concerning the environmental impacts,transportation impacts;a full and complete description of mining operation proposed location,hours,blasting impact,depth of excavation,hydrology; the results of at least one, if not more,neighborhood information meetings with the residents of North Golden Gate Estates and properties surrounding both properties. In addition,I think we need to request a full staff analysis of the data submitted and with Page 41 of 72 g d 4ovemberl, 2012 16 recommendations to the Planning Commission. And with respect to the staff,both legal and other,I think that we do need some specific input from them and opinion on the land-use stipulations contained within the proposed settlement. And one additional item,and I know this is a lot on emotion,but I would like to see some direction that staff approach the BCC,if this motion is successful,with some--with a request for direction as to the appropriate fees that should be charged for their time and effort to analyze this information as it's submitted. CHAIRMAN KEENE: Is there a second for discussion? COMMISSIONER KLEIN: (Raises hand.) COMMISSIONER MIDNEY: (Raises hand.) COMMISSIONER VONIER: He seconded. CHAIRMAN KEENE: Okay. Mr.Klein seconded it. COMMISSIONER VONIER: Oh,okay. CHAIRMAN KEENE: Okay. Discussion? Heidi,that last request is--is that a normal process? MS.ASHTON-CICKO: Well,as I'm understanding how this is set up is--and I'm not directly answering your question initially,okay,but I will get to it. The preparation of data being environmental,transportation,mining operations,hydrology,and NIM,my understanding is that would be something that the applicant would do. COMMISSIONER BROUGHAM: Correct. CHAIRMAN KEENE: Correct. MS.ASHTON-CICKO: And then the second thing,the staff report,obviously,the staff would do it. And then your fourth question was whether a fee should be charged,and what would that fee be,and that's what you're asking to go back to the Board of County Commissioners. And I--I'm not sure if that would need to go back or if applicant and the Growth Management Division could reach out--reach an agreement. I know we have a fee resolution that allows for some calculation. COMMISSIONER BROUGHAM: Just, if I might,the purpose I added that in,that there have already been fees charged in the past for Growth Management Plan amendments,conditional-use processes, and so forth. Those fees have not been insignificant.And I don't--I don't feel badly to ask the applicant to provide current data for us to analyze,but I think staff also--there needs to be some resolution of the fees that will be charged,if any,for their time to receive this material and to perform analysis and recommendations. I mean, if that--if the--my opinion. If the BCC were to say,give them a pass,and you're operating basically pro bono,that's one thing,or they may say,charge them a certain fee associated with conditional use in GMPs. I don't know. I just think it needs to be a consideration. CHAIRMAN KEENE: Nick? MR.CASALANGUIDA: I think in the past--for the record,Nick Casalanguida. In the past,we've tracked staff hours,and we're out of different funds. Some of them are general funds,some of them are fee-based funds. I think maybe just the way to do it for right now--and in asking your question of BCC is everybody tracks their hours on the project rather than just assigning a fee to it. And I think if we do that,as part of the settlement we can just say these are the amount of hours staff put into it,if that's--the BCC wants to charge the applicant,they can do so or do that. COMMISSIONER BROUGHAM: That's fine for me,and I'll amend my motion. COMMISSIONER KLEIN: And I'll go along with that. CHAIRMAN KEENE: And you will second that? COMMISSIONER KLEIN: (Nods head.) CHAIRMAN KEENE: You excluded the other property,I think,at least-- COMMISSIONER BROUGHAM: Yes, I did. CHAIRMAN KEENE: Go ahead. COMMISSIONER BROUGHAM: Yes. My thinking there is,in my opinion,the real focus of this settlement and the real--well,the real focus of the request is to gain permission to do rock mining on the Hussey properties. And part of the proposed settlement is we're going to trade some acres down here for some acres in another part of the county,and to me that's almost secondary. This State Road 846 issue is Page 42 of 72 16 I Novemer A2 almost secondary to the primary question that we have to deal with,and that is,are we going to recommend to the BCC yes or no with respect to allowing rock mining with conditions and so forth and so on. What happens with 846 can be something that can be determined subsequent,but if we--if we can't agree on a conditional use for rock mining in the Hussey properties, 846 makes no difference. It doesn't even play in the game. CHAIRMAN KEENE: I disagree. I think we still need to receive information on both because, ultimately,it is a part of the settlement,and we're not in a position to be able to separate them out. COMMISSIONER RANKIN: Yes. CHAIRMAN KEENE: It is all inclusive,so-- COMMISSIONER RANKIN: Sony,go ahead. I understand where Madam Chairwoman is coming from,but there's no question there will be environmental impacts on the Hussey property,and the reason 846 is in there is trade-offs for those.And I guess to a certain extent that's what the board's asking us to determine is whether that's a good trade. And,by the way,and forgive--correct me if I'm wrong,Mr.Vega,but I think this is not only rock mining on the Hussey property;this is eventually going to be developed around those rock mines? Did I read that in here somewhere?Eventually,when you're done rock mining 40,50 years from now,what's going to happen to this property? MR.VEGA: The sending lands would remain sending,and we have put a prohibition in place against development on the sending lands even at the one unit per 40 acres. The lands that remain in receiving would have whatever rights go along with the receiving. I don't know if the TDR program would still be there. If you-all were to consider conditions as to restricting those receiving rights,to me that would be appropriate input. But as it stands right now,they're simply going to be receiving lands,no better,no worse than any other receiving lands. COMMISSIONER RANKIN: Was this--is this going to be a new village,or is it just going to be receiving lands? COMMISSIONER BROUGHAM: Need you closer to the mike. COMMISSIONER RANKIN: Is this going to be a new village or just receiving lands? Because there already were several villages proposed in North Belle Meade. MR.VEGA: It would not be a village. It would not have the required acres. And I thought we had put in language that prohibited a rural village in the receiving lands. COMMISSIONER RANKIN: I just want to be sure. COMMISSIONER BROUGHAM: If the board is more comfortable,1 would amend the motion to include the GP amendment data for State Road 846. CHAIRMAN KEENE: Mr.Klein,would you-- COMMISSIONER KLEIN: I would do that-- CHAIRMAN KEENE: --second? COMMISSIONER KLEIN: --go along with that. COMMISSIONER EBERT: I have one other thing to add. On this,Mr.Vega,I had written down just a couple things before. A market demand study for the commercial uses to demonstrate the change and that more inventory of the requested uses is needed. Sometimes the data only demonstrates a position site,but there--you know,there are other reasons. And rather than just demonstrate there--there is a need for a new or expanded GMP provision to provide for the proposed uses and the need at the subject location and,of course,the specific(sic)to the proposed land uses and the appropriateness with compatibility with the surrounding area. COMMISSIONER BROUGHAM: Which would all normally, I think,be-- COMMISSIONER EBERT: Which would be--yes.Because we were told to do this as if it were a new GMP and a new conditional use. MR.VEGA: I'm not certain that was Commissioner Henning's direction,but I'm happy to provide you with the information that you're asking for. COMMISSIONER EBERT: Okay. Thank you. Page 43 of 72 0I a , A, 4 if November 1, 2012 CHAIRMAN KEENE: So that would amend your motion to also include a market study? COMMISSIONER BROUGHAM: My view is that normally be submitted with the conditional use. COMMISSIONER RANKIN: And I don't think that's going to be much of a problem. As I understand,Mr.Vega--as I understand,Mr.Vega,there's a shortage of this type of rock in this area anyway, right? MR.VEGA: That is my understanding. COMMISSIONER RANKIN: Yeah. We've been hearing that for years. MR.VEGA: And recall part of the proposal trims over 200 acres from the mine on State Road 846, so that will take away some of the current capacity. CHAIRMAN KEENE: Right,which is why I think it's-- COMMISSIONER RANKIN: Actually,that's a soft rock area anyway,isn't it? MR.VEGA: It is not as good for road building,and the proximity of the Hussey lands to the areas where the 2035 road plan is seems to be a strong benefit in favor of allowing mining in that area. COMMISSIONER RANKIN: But this hard rock, like they said earlier,some of it's--for several years it's being shipped in from Tampa,it's being shipped in from Lee County,even Charlotte,and I think for a--at one time during the boom they were even considering shipping it by ship from somewhere. MR.VEGA: There was a proposal,I think,to bring it from Mexico into Port Charlotte. COMMISSIONER RANKIN: Yeah. And so that just shouldn't be much of a problem, I guess. CHAIRMAN KEENE: Okay. Mr.Vega,are you clear on the motion? Would you like us to repeat it? MR.VEGA: Be happy to. COMMISSIONER RANKIN: That's what we have madam court reporter for. CHAIRMAN KEENE: Yeah. MR.VEGA: I'm clear on the elements,and I'd love specifics. The introductory phrase "all appropriate data" is a little ambiguous for my taste. I'm not certain what that means,but I'll certainly do my best to comply. As far as the timing standpoint, if we work backwards,presuming that we would want the commission to hear this in the last meeting in January, is there a late December or early January meeting before you-all that would give us enough time to assemble the data,have a public hearing,and come back? CHAIRMAN KEENE: I believe at this point,Ray,we do not have anything scheduled for the second meeting in December,and then we do have an early January? MR.BELLOWS: While we don't have anything scheduled for the second meeting,it's still open for items. COMMISSIONER BROUGHAM: We could certainly hold one. MR.BELLOWS: Yes,exactly. CHAIRMAN KEENE: So we have two options. Whether we can meet the December time frame with holding some type of NIM and staff reviewing it,I guess,would be a question-- COMMISSIONER BROUGHAM: That's why I suggested in the motion-- CHAIRMAN KEENE: --for you guys. COMMISSIONER BROUGHAM: --that it be dependent upon staff and the petitioner to set a new date. I mean,if we set a date arbitrarily,then we don't know what we're shortchanging here,so-- CHAIRMAN KEENE: I agree. I don't think we should set a date,because if it's possible for you to get the information compiled and to staff,then we could potentially meet the December date,but we don't want to-- COMMISSIONER RANKIN: Well,why don't we just include in the motion that both--time be reserved at the late December meeting and the early January meeting both so staff doesn't pile us up with those meetings so--because I would assume,from what I've heard,this is pretty much the top priority of our work projects. And that's--that comes straight from the County Commission. That's who we work for. And so I think we ought to schedule our items accordingly. COMMISSIONER BROUGHAM: I have no problem with that. And if--from my opinion--from my point of view,if we have to have a special meeting,we can do that,too,depending upon people's Page 44 of 72 A 7 16 1 Zovember 1, 2012 calendar.I mean-- CHAIRMAN KEENE: Ray,what do we have on the January meeting at this point? MR.BELLOWS: For land-use items? COMMISSIONER EBERT: In January? MR.BELLOWS: Let me just pull it up here real quick. On the January--January 3rd we just have one item. On the 17th we have two items. CHAIRMAN KEENE: So I think there won't be any issues getting-- MR.BELLOWS: Doesn't appear to be. CHAIRMAN KEENE: --one of those meetings in December or January. MR. BELLOWS: On January--or excuse me. On December 20th there are no items scheduled,and on December 6th there are three items scheduled. MR.VEGA: I think the 6th would be a little aggressive. MR.BELLOWS: Excuse me. December 6th. COMMISSIONER BROUGHAM: I think if everyone could shoot for the 20th. I mean,we'll run down the racetrack with everybody,provided that,you know,we have adequate information and time for analysis. So, I mean,ball's in your court to begin with,but I think what you're hearing from the Planning Commission is we'll work our schedule as best we can-- MR.VEGA: All right. COMMISSIONER BROUGHAM: --as soon as we have the information provided to us and work in close conjunction with staff as well. MR.VEGA: I will need to work with staff on transportation. COMMISSIONER VONIER: Mr.Vega,you mentioned you didn't--it was vague,the required information was vague. It's what we would consider--it's what the staff would consider necessary information for a Comp Plan amendment or a conditional use. So,actually,if you go to the staff,they'll tell you exactly what the information is. COMMISSIONER BROUGHAM: I agree,Bill. And Mr.Vega's been through it before. COMMISSIONER RANKIN: The only question I would have in this--since we are the first major transportation matter that wasn't considered as a part of the original plan,what do we want to do with that? Because I know a lot of transportation items are so many--so much distance from the subject site. What does staff have to say about that? CHAIRMAN KEENE: Well,I think we'll leave Nick to work with Mr.Vega on that,and then they can bring back the recommendations. MS.ASHTON-CICKO: When you're asking about the mining operations,are you looking for some sort of conceptual plan of-- COMMISSIONER BROUGHAM: Absolutely. MS.ASHTON-CICKO: --where these things are going to be? COMMISSIONER BROUGHAM: As the motion maker,I certainly am,because to date we haven't seen a footprint,we haven't seen a depth,we haven't seen-- COMMISSIONER EBERT: Anything. COMMISSIONER BROUGHAM: --anything concerning how they will operate a proposed mine. COMMISSIONER RANKIN: I would imagine the depth is going to be--as the other speakers spoke earlier,the depth is going to be determined by that confining layer. Because like he said,they don't like to go through that confining layer. And I know a property about five miles from here,the initial confining layer is down about the first--the aquifer starts about 40 feet down. The confining layer is about 80,90 feet down,but that varies all over the place,because this is an old seabed. CHAIRMAN KEENE: Well--and I think the goal was for you to provide the information and--as far as blasting schedules and what type of blasting and so forth. COMMISSIONER BROUGHAM: Hours of operation. CHAIRMAN KEENE: That will--buffers that will affect the environmental impacts as well as the neighboring property. Page 45 of 72 16 1 N&tuber I, 2012 COMMISSIONER RANKIN: Identify any homes in this area,too,because I don't know-- COMMISSIONER BROUGHAM: That's all part of the normal conditional-use presentation and discussion is where are the nearby residences,how are they going to potentially be affected or not affected, analysis of how sound waves are going to carry or not carry. I mean, it's pretty in-depth, so-- CHAIRMAN KEENE: Okay. COMMISSIONER VONIER: And truck washing was mentioned this morning,which was another item that we had some concern about in future mining operations. So truck washing is important. MR.VEGA: I think both truck washing and regulation of peak hours traffic were part of our prior proposal and should be part of this proposal. COMMISSIONER BROUGHAM: And queuing. I mean, if we want to continue to add all the considerations, it would be truck queuing and where they're going to queue,on site or off site,et cetera,et cetera. I mean,those are-- CHAIRMAN KEENE: I think all of that's part of a mining operation. Okay. We have a motion on the table and a second. All in favor? COMMISSIONER RANKIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VONIER: Aye. CHAIRMAN KEENE: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN KEENE: Motion approved 8-0,and that included continuing-- COMMISSIONER BROUGHAM: Yes. CHAIRMAN KEENE: --the meeting. MR.WEEKS: Madam Chair? CHAIRMAN KEENE: Yes. MR.WEEKS: Point of clarification.Neighborhood information meeting was mentioned,was included in the motion,as I have it written down,one or more. Mr.Vega had offered to place an ad in the paper,which is part of the NIM notification process. But--and another component of that is notifying surrounding property owners within a specified number of feet? CHAIRMAN KEENE: Five hundred feet. MR.WEEKS: In this case it would be both sides. And was that the intent? COMMISSIONER BROUGHAM: Yes. MR. WEEKS: Okay. The normal NIM process? COMMISSIONER EBERT: Okay. COMMISSIONER BROUGHAM: Correct. MR.WEEKS: Thank you. COMMISSIONER BROUGHAM: And the reason I said one or more is you're talking about two properties that are separated by a lot of miles,and it may be appropriate to have one associated with State Road 846 now and another down with--adjacent to the Hussey properties. CHAIRMAN KEENE: I'm not sure you would need a neighborhood information meeting for 846, because that's going to take--basically take their rights off the table,so-- COMMISSIONER BROUGHAM: I don't know. I wasn't totally comfortable with including it, so-- but it's included. COMMISSIONER RANKIN: Well, it's my understanding--yeah, it's my understanding they're just going to--they're going to be less than what they are now. CHAIRMAN KEENE: Correct. COMMISSIONER RANKIN: The only thing is,on the flip side of the coin you've got this--this traffic's either going to have to come out Landfill Road, it's going to have to come out White, it's going to Page 46 of 72 1612 A November 1, 2 12 have to come out Wilson and Golden Gate Boulevard,and at the moment that's it unless you were to arrange something like was proposed with one site where they were going to put an outgoing road onto 75. I know somebody was proposing one of those sites,but-- MR.VEGA: Florida Rock may have been proposing that. COMMISSIONER RANKIN: Yeah. MR.VEGA: We'd probably follow their trucks.But the--a lot in my mind depends upon the alignment for the proposed Wilson Boulevard extension. I've seen one that lines up with White Lake,and I've seen another alignment that lines up with North CityGate Boulevard. Also, in the 2035 plan,you'll note that there are improvements to Enez(phonetic)that would link up to the north. There's a second road that would also link up to the north. We're in favor of all of those. We've agreed to contribute financially to all of those. And we'd be happy to send the trucks and in whatever directions. Perhaps no one direction is best,because sending them all the same way would overload it. Perhaps best would be to spread them out. Those would all be fine. COMMISSIONER RANKIN: And there are several other proposals that were out there at the time. I noticed Benfield was missing off that one map,and that extension of Green is missing off that one map. And I don't know where those stand these days. CHAIRMAN KEENE: We'll see what you come up with. COMMISSIONER RANKIN: Yeah. CHAIRMAN KEENE: Thank you. MR.WEEKS: Just one minor correction, if I may,Madam Chair. For the SR846 property,they're not just giving up. They are gaining. One thing they would not have to do if they develop a rural village is they would not have to provide a green belt. They would be allowed to have a rural village or a residential PUD or a mixed-use PUD. Let me separate that. The rural village could be--right now it would be capped at 1,500 acres. Under the settlement agreement, it could go to 1,631 acres. So it could be larger. Secondly,they would be allowed to have--if they went to a mixed-use PUD,they could have more commercial acreage than they could achieve under existing regulations. There might be some other things, but I think those are the two in particular that they do gain,gain something. But-- COMMISSIONER EBERT: We need that from you. MR.WEEKS: --just a point of clarification,that's all. Your motion stands. From the sentiment of the Planning Commission,though, it sound like your primary focus is for the Hussey site,and my thought is as far as scheduling a neighborhood information meeting,one or more,that we should be focusing then on the location being closer to the Hussey site. COMMISSIONER BROUGHAM: That's fine. CHAIRMAN KEENE: Correct. MR.WEEKS: Okay. Thank you. CHAIRMAN KEENE: Thank you. MR.VEGA: Thank you. CHAIRMAN KEENE: ***Moving back to our advertised public hearings. Where are we at? COMMISSIONER VONIER: 9A. CHAIRMAN KEENE: PL20 1 1 0000769/C-- COMMISSIONER VONIER: That's right. CHAIRMAN KEENE: --yeah--CPSS-2011-2. And this is a small-scale amendment to the Golden Gate Area Master Plan and the Golden Gate Area Master Plan Future Land Use Map and Map Series. If--everyone who wishes to testify on this item,please stand up to be sworn in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KEENE: And disclosures on the part of planning commissioners. COMMISSIONER BROUGHAM: I had a conversation with Mr.Yovanovich a couple months ago when this was first scheduled to come before us. Nothing since. CHAIRMAN KEENE: Mr.Klein. COMMISSIONER KLEIN: (Shakes head.) Page 47 of 72 1612 A7 November 1, 2012 COMMISSIONER EBERT: Only spoke with staff. COMMISSIONER HOMIAK: I spoke to Mr.Yovanovich. CHAIRMAN KEENE: I've spoken-- COMMISSIONER EBERT: No,go ahead. I can't remember what it was. CHAIRMAN KEENE: I've spoken to Mr.Yovanovich. COMMISSIONER VONIER: Mr.Yovanovich and Mr.Arnold. COMMISSIONER RANKIN: None. CHAIRMAN KEENE: None,okay. Okay,Rich. MR.YOVANOVICH: Good afternoon. For the record,Rich Yovanovich on behalf of the petitioner. With me today also is Chris Henning,as representative of the owner;Wayne Arnold,who's the professional planner on this;and Brandt Henning,who is the architect working with us on this particular project. I'll go over a summary and answer any questions that you may have. Before you today is a small-scale Comprehensive Plan amendment. The property in question is about 9.6 acres. We are requesting a change to the Golden Gate Estates commercial infill subdistrict,and the particular piece of property is on the visualizer. It's at the northwest corner of Santa Barbara and Golden Gate Parkway. As part of this petition,we're adding about 2.8 acres to the existing infill subdistrict,and we're actually adding the term "institutional"to the name of the subdistrict,because what we're asking to do is change the allowed uses,basically,from office to senior housing,assisted living facility, independent living facilities,continuing care retirement community,and skilled nursing. The plans for the property are to do a 120-bed assisted living facility,which would include memory care,Alzheimer beds as part of the project. As you know, it's a two-step process. The first step is to change the Comprehensive Plan.The second process is to come back with the actual zoning for the property,and we're in the first step. The property has already been zoned for medical office uses consistent with the existing Comprehensive Plan. That was the original intent for the development of the property;however,the world has changed since the original intent,and we--we are asking to change the use on the property to a use that is both economically viable and consistent with and compatible with uses around the area. As you can see on the visualizer,this property is probably at the intersection of--probably the biggest intersection in the county. I mean,when you look at that intersection of Santa Barbara and Golden Gate Parkway,I haven't counted all the lanes,but it's probably a good,you know,five lanes on each side. So it's a pretty major intersection. We'll have limited access as part of this project to just Santa Barbara. Our original request was to basically change the uses and include the floor area ratio concept of a.45, which is--the .45 is from the Land Development Code. If anybody's done the actual calculation on how many square feet we can accomplish under that, it's a rather staggering number,and it wouldn't fit on the property in the first place. Our plans,and everything we've scaled out and showed it to everybody, is slightly under 70,000 square feet for the building. The current--the allowed uses on the property are 35,000 square feet. And we've received some comments from our neighbors to the north,and I know they're here,the Cirous,and they've been involved in the process from way back when when we did the original Comprehensive Plan amendment. But people are saying,well,you're going twice as big. Well,yeah,we're going to have twice as many square feet from what exists today,but the intensity on the site actually is reduced quite a bit more. And the reason you need the square footage,as you all know,is that when you're doing assisted living facilities,not only do you have the beds and rooms that these people are living in,you also have a lot of community facilities that go along with that. You feed them on site,you provide exercise facilities for them,you provide common areas,and that's basically why we need to go to 70,000 square feet. It's roughly a one-to-one ratio. You know,you have--the rooms are 35,000 square foot,and the Page 48 of 72 16 LZbZOI2 space to serve the people who are living there is also about 35,000 square feet. The traffic generation from the two different uses is dramatically less for what we're proposing.The overall traffic trips per day will go down by about 912 trips to go from the already approved office and medical office uses on the property,and so will the peak hour trips. The peak hour trips will go down from a.m.peak of 91 trips down to 17. So it's a reduction of 74 peak-hour trips in the morning,and it goes from 114 p.m.peak-hour trips down to 26,which is a reduction of 88. So there's a significant change in reduction of traffic associated with this project. And as the Planning Commission knows,the reason that is is,pretty much,these people don't drive. You have--you have the employees and the service vehicles that are really comprising the trips to these types of facilities. We've also provided as backup a market study to show that there really is a need for this type of facility in this part of Collier County. Most of the assisted living facilities and skilled nursing facilities are, you know,pretty much west of Airport Road. They serve a different portion of Collier County,and this is intended--this will be a market-rate facility,but it will serve the market,basically,of this area of,you know, the Golden Gate City area and other areas,Berkshire Lakes and other areas so people can kind of stay where they're currently living. So we've provided a market study that shows that there's actually a market for what we're proposing. The gentleman who bought the property,when he originally bought it, intended to do medical office,but he also does these types of facilities. So you don't have--this isn't speculative. This is a gentleman who is in the business of providing assisted living facilities. So we're not asking to create market value to the site. We already have a gentleman who is in that business and knows that he can put this business on this site and make it work and do a nice project that's a market-rate project that will not,in any way,impact negatively on our neighbors around the project. We also have done an analysis of what's the--kind of the economic impact of a project like this.And when we looked at it,you know,obviously we're going to create constructed-related jobs that are associated with this,and it will create 62 on-site jobs. We'll create a total of 89 related to the spinoff that occurs when you create the construction jobs,and that's going to have an economic impact of about$11 million for the one year of construction. But the ongoing impact is we're going to be creating 151 permanent jobs for people who will be working in that facility,and that will range in skill level from,you know,people who will be serving food all the way up to,you know,nurses and others who will be working in this facility.And that's direct jobs and then,basically,a total of 195 jobs with indirect jobs,and that will be an annual impact from an operations standpoint of about$15 million. We've--we'll also pay our property taxes and all the other impact fees that go along with this project. So not only is it a good project and a low-intensity-use project for the site,it's a good project from an economic standpoint for Collier County. Most of the people we've met with have looked at this and said it makes sense. The type of use we're doing,it makes sense for this location. We did have a neighborhood information meeting,and Steve Cirou is--Steve was here earlier. I guess he's left. But Steve was at the meeting and spoke. And I said, Steve,let's sit down and talk. Let's talk about what your concerns are with this particular property. So we met him on site. He lives next--he's the second house up. His dad is the first house,and his house with his wife is the second house, so they have a nice--they have a very nice-- COMMISSIONER VONIER: North? MR.YOVANOVICH: North,I'm sorry. Directly abutting us to the north. They have a very nice family compound. We met with them,we met with them on site. And one of the concerns was our original request was for two stories. Now,obviously,with two stories we have a smaller footprint,building footprint. It was still the same square footage. And let me put up a--that was--that was basically the original proposed master plan for the site or site plan for the site. Keeping in mind that basically the light greenish was--and the orangish color were two stories,and they were concerned about a two-story building and the--could people from the second floor see over into their backyards if they were standing on their balconies. Page 49 of 72 161Q2. A 7 November 1, 2012 So we said,okay,we'll go down to one story. So we went back--and they also had the concern about--you see how--where's the--the configuration of this building,it had a portion of the building, if you extend an imaginary line,which is their south property line. If you extended it all the way,you'd see that a portion of this building actually crossed over and would be in their rear yard, if you will. So they had a concern about that as well. And they also had a concern about the smells that may emanate from the cooking facilities that we had on the property. We did revise the plan to go to one story,and I'll show you a revised site plan. And we're going to one story,and we also agreed to make sure that none of the building would,kind of,cross over to--over that imaginary line. So none of the improvements would be in their rear yard. So we went ahead,and we revised the site plan to make those changes to go to one story and make sure nothing crossed over their--into their rear yard,and we committed that the only improvements in their rear yard would be our preserve area as well as water management. I did state right up front we couldn't agree to cater food to the facility. We would need to be able to prepare food there to serve the residents. We offered to take them to other facilities,newer facilities in Collier County,to hopefully allay their fears that they generated a lot of smell and create bad things associated with that. We made those changes. We submitted those changes to staff knowing that we didn't have an agreement. We did not have an agreement. We attempted to address their concerns. We did address what we believe we could address. We revised our petition to go to one story to limit what could happen behind their property,and we submitted that request. I know you've received a letter of objection,or you should have received a letter of objection because I've got a copy of it,still raising the same concerns about the size of the building being double the size of what's already there and raising a concern about the odors. I would--I would submit to you that the use that we're proposing and the size of the facilities, candidly,from a site impact,are not that different than what was previously approved for the commercial. And I'll put the commercial PUD's master plan up. And that's the master plan for the existing commercial. And as you can see between buildings and parking and all of that--can you see it,Ms.Ebert? COMMISSIONER EBERT: No. Can you--David?David,can you make it--yes,thank you. MR.YOVANOVICH: From a site impact--now, square footage,yes,we're bigger,but from a site impact between the parking and the building, it's about the same impact that you'll see in today's petition other than we've added the--you know,the new lot and the building got a little bit longer because we decided to go to one story for the entire structure to accommodate their request. So we have tried to be sensitive to our neighbors. We continue to be willing to work with them as we go through the PUD process to address delivery schedules,to address location of dumpsters and those types of things that you would generally get into when you're talking about the PUD level of an analysis, because we know it's a two-step process. You know,today's just the right to come ask you for the PUD. We don't have the PUD approval. And we'll be addressing those concerns as we continue on,hopefully,in the process. Your staff has reviewed our information, including the traffic analysis as well as the market study. Your staff agrees that our request is justified based upon the information that we've provided. Your staff is recommending that you transmit this to the Board of County Commissioners with a recommendation of approval. And we would ask that the Planning Commission follow the staffs recommendation to go ahead and transmit this to the Board of County Commission with a recommendation of approval recognizing that the second step will be the zoning should we get adoption of the Comp Plan amendment. If you have any specific questions regarding our request or how this will actually be operated--I know operations are really a PUD level type thing,but I also know that when you're at the Growth Management Plan,a lot of those issues get kind of blended together. So if you have any questions that--of us on our request,we'll be happy to answer those questions. Page 50 of 72 60te2r 1,2012 CHAIRMAN KEENE: Anybody have any questions? COMMISSIONER EBERT: Yes,I do. COMMISSIONER VONIER: Yeah,I do. COMMISSIONER EBERT: Rich,I do have a question. This is one of your favorite things to do are these ALFs. I can't believe--is this person going to build an ALF at this site? MR.YOVANOVICH: The answer,I have been told,is absolutely. He has--he has been beating on me to get this thing approved for probably two years,Wayne; is that about right? MR.ARNOLD: (Nods head.) MR.YOVANOVICH: It's been about two years.And we've asked for continuances in an effort to continue to work with our neighbors. But he's ready to move forward. This is what he does-- COMMISSIONER EBERT: Okay. MR.YOVANOVICH: --for a living. This is purely--this is not speculative zoning. COMMISSIONER EBERT: Okay. Because your other ones kind of have been. MR.YOVANOVICH: And I've been straight upfront with those. COMMISSIONER EBERT: Okay. COMMISSIONER VONIER: Rich,couple questions. MR.YOVANOVICH: Sure. COMMISSIONER VONIER: On the original PUD,how tall were those buildings? Were they single-- MR.YOVANOVICH: They were 35 feet max,one story. We're leaving everything the same as far as the height goes. COMMISSIONER VONIER: Okay. And,Ray,the buffering that they refer to in here,is that normal between a residential area and a commercial area? MR.BELLOWS: I don't believe I've had the chance to review all of that-- COMMISSIONER VONIER: Okay. MR.BELLOWS: --plan. COMMISSIONER VONIER: Thirty-five feet to 75 feet on the northern boundary is what they-- MR.YOVANOVICH: That's the old-- COMMISSIONER VONIER: I'm talking about what you have in your proposal,Rich. MR.YOVANOVICH: What we have in the proposal is a 25-foot enhanced buffer along the northern boundary and a 50-foot setback,which is greater than you would find under the code between a residential use and an assisted living facility. COMMISSIONER VONIER: That's not what mine reads. Northern property line buffering varies from 35 feet to 75 feet it says here. COMMISSIONER HOMIAK: That's not-- COMMISSIONER EBERT: That's crossed out. COMMISSIONER VONIER: Is that the old one? MR.YOVANOVICH: That's the old when we were doing an office. COMMISSIONER VONIER: Okay. MR.YOVANOVICH: Yeah,so-- COMMISSIONER VONIER: That's the original one? MR.YOVANOVICH: That's the original. You do it in a strikethrough and underline and-- COMMISSIONER VONIER: Okay. MR.YOVANOVICH: No. It's 25 feet for the buffer and 50-foot setback for buildings. COMMISSIONER VONIER: Okay. CHAIRMAN KEENE: Okay. Phil? COMMISSIONER BROUGHAM: Yeah. Several,Rich,and I'm going to--there's a couple out of the staff report,but it's directed towards you anyway. On Page 11 of the staff report,they're talking about lighting and glare,and they're comparing existing approved uses to proposed group housing. It says some lighting glare from vehicle traffic would occur during nighttime hours. Can you speak to that? I mean,do you plan on lighting that rear areas if we have Page 51 of 72 7 November 1, 2012 this go forward? MR.YOVANOVICH: Well,again,we've got to meet the code requirements regarding lighting. COMMISSIONER BROUGHAM: So that's-- MR.YOVANOVICH: So as I understand the code, I'm not allowed to spill out over my property line.And also,I forgot to mention,we agreed to put a wall on the site as well that would go along the northern boundary closest to the travel. COMMISSIONER BROUGHAM: So any spill-- MR.YOVANOVICH: There's going to be a wall right here,okay,that's on the north side of this travel,okay. So if someone's driving with their lights on going around there,it's not going to go over the wall,I mean. So I don't agree that we're really creating any lighting issues that wouldn't already exist under an office building,because you would light--you would have lights for the office park anyway for safety reasons and,you know,keeping people out. COMMISSIONER BROUGHAM: Yeah,I'm just picking up on the comments on some of these things. And it is a one-story building? MR.YOVANOVICH: Correct. COMMISSIONER BROUGHAM: The only reason I say that is just to affirm that,because in the neighborhood information meeting minutes it was stated that it would be two stories at 35,but-- MR.YOVANOVICH: And that was--that was the-- COMMISSIONER BROUGHAM: That was what you modified? MR.YOVANOVICH: Correct,as a result of that meeting. COMMISSIONER EBERT: Whether one or two stories,the limit would have been 35 feet? MR.YOVANOVICH: Correct,but now nobody can get on the second level to--unless you're really,really tall you're not going to-- COMMISSIONER BROUGHAM: It's stated in the underlying strikethrough in Exhibit A on Page 2,native vegetation preservation areas may be used for water-management purposes when it can be demonstrated that the use for water management will not be harmful to the native vegetation. The only reason I picked up on that is when it can be demonstrated or when it--yes,when it can be demonstrated. MR.YOVANOVICH: And that's a standard provision,basically,I think,both in the Land Development Code and other portions of the Growth Management Plan. You can co-use your native vegetation for water management,provided you could show that you're not going to drown the plants. COMMISSIONER BROUGHAM: Okay. So as a matter of course,as you move forward with this MR.YOVANOVICH: Right-- COMMISSIONER BROUGHAM: --you could quote-unquote-- MR.YOVANOVICH: The burden's on us to demonstrate that using that will not hurt the native vegetation. COMMISSIONER BROUGHAM: Just a couple more and I'm there. On Exhibit 5B,amended language of the Golden Gate Master Plan,Page 2,Item 3,it says,all principal structures shall be required to have a minimum setback of 50 feet from the project's northern and southern boundary. Just clarify that for me. You mentioned that in reference to Mr.Vonier's question before. MR.YOVANOVICH: I did. And the southern boundary is Golden Gate Parkway. So we're required to be set back a minimum of 50 feet from Golden Gate Parkway as well as a minimum of 50 feet-- our buildings,a minimum of 50 feet from our neighbors to the north,the Cirous. COMMISSIONER BROUGHAM: And that's as depicted on the current site plan? MR.YOVANOVICH: Yeah. COMMISSIONER RANKIN: All right. Is staff going to speak to this,or should we address-- COMMISSIONER BROUGHAM: I'm not finished yet.Excuse me. COMMISSIONER RANKIN: I'm sorry. I didn't know. Page 52 of 72 16Jveier z A l 2012 COMMISSIONER BROUGHAM: I think I'm about finished,but-- COMMISSIONER RANKIN: I didn't know. I'm sorry. CHAIRMAN KEENE: Take your time,Phil. COMMISSIONER BROUGHAM: And just one other question. You mention in here--and I've lost the reference--that the preserve area,that it's going to be up there in that little L shape;am I correct? MR.YOVANOVICH: Yes, sir. COMMISSIONER BROUGHAM: There was a reference to formerly you were going to have passive parks,et cetera,et cetera,but now you've--with the proposed use it's going to be the preserve and you don't mention any parks or benches or anything like that. MR.YOVANOVICH: Correct. It's water management and native-- COMMISSIONER BROUGHAM: So it's just going to be--okay. So you're not going to have little passive areas for the old folks to go out. That's it. CHAIRMAN KEENE: We will--after Rich finishes,we'll go to the staff report-- COMMISSIONER RANKIN: I just wanted to make sure. CHAIRMAN KEENE: --and then address questions for staff. Do you have any questions for Rich? COMMISSIONER RANKIN: Well,the one thing I'd want to make sure is,as long as any of the property surrounding that L shape were estates or residential--it's probably estates--that there be no building in there whatsoever. That would need to be a condition. I know you're not planning on that now,but some of the questions I'm going to ask staff concern me that future road use may cause you a problem in the future because,as you may or may not recall, several years ago there was an attempt to extremely widen Santa Barbara through this area,and that was defeated. And I know they expanded this intersection somewhat in compliance with that six-laning,but the six-laning never happened. So my concern is,since it is such a major intersection, I'm going to want to know from staff whether or not these roads could be expanded in the future,and if they were,would they impact your development. MR.YOVANOVICH: My understanding is--and you can confirm it with staff--is these roads can't get any wider. They don't have the right-of-way. The cost to acquire right-of-way would be prohibitive, the takings,the cost to do that. And I'm pretty sure that staff has maxed it out,but they can speak for themselves. But in response to your question,if you look at Page 4 of your staff report,Mr.Rankin,regarding that I can't do anything in that area,it's clearly in there that says I can't do anything in that area. COMMISSIONER RANKIN: I know,but-- MR.YOVANOVICH: And I would have to go through the Comp Plan amendment process again. So I'm not--I can't do anything in that area. COMMISSIONER RANKIN: I know. The only thing it--I was also on the Golden Gate Master Plan Committee when we did this prohibition of development conditional uses from Santa Barbara to Livingston. When did this property get zoned for commercial--for office buildings? MR.YOVANOVICH: We actually went through and amended the Comprehensive Plan to add this property to the subdistrict,the--let me get the exact wording--the Golden Gate Commercial Infill Subdistrict. We went through the GMP process to add this corner to the infill to be allowed to have those uses. The zoning was actually approved in 2004. COMMISSIONER RANKIN: Okay. That explains it. MR.YOVANOVICH: But we did the Comp Plan amendment earlier than that. But we did go through the process. And I think--you may have actually been on the committee when we went through the process to add it. I just--I don't recall. COMMISSIONER RANKIN: Yeah,I don't recall-- MR.YOVANOVICH: It all blurs. COMMISSIONER RANKIN: --because I know we were asked by a majority or all of the County Commission at that time to put that prohibition in,and at the time I know I personally had staff,who's not with us anymore,tell me what each property already was. Page 53 of 72 1612 AF November 1, 2012 And during that growth--during that master plan committee meetings--and I couldn't recall whether or not this was already in this configuration or whether that was done later. MR.YOVANOVICH: And David can correct me if I'm wrong,but basically in Golden Gate Estates --there's very limited opportunities for conditional uses in Golden Gate Estates as a whole. And I could tell you that I've probably done Growth Management Plan amendments for four or five churches. In order to get those churches approved out in Golden Gate Estates, I had to do a GMP amendment and then come through in either rezone and a PUD or do a conditional use because the prohibition in Golden Gate Estates was pretty broad. COMMISSIONER RANKIN: This is a special prohibition,though. MR.YOVANOVICH: Right. COMMISSIONER RANKIN: This is a decision that was made that we wanted at least one exit off the interstate to not be commercialized,and this is a special prohibition that stretches from Santa Barbara to Livingston to make sure that this intersection would remain residential and noncommercial and nonconditional. Now,there are already a number of churches and the like in there,but this is above and beyond what you speak of. MR.YOVANOVICH: Right. COMMISSIONER RANKIN: And that--we were asked to do that,and the committee unanimously agreed to that. But I guess if it's already been zoned office building and you're,essentially,reducing the uses --because,of course,I work with these kind of people all the time and these type of facilities,and no question,a lot less traffic. So I don't have a problem with that. I was just interested into how this came to be or whether my remembrance of what this zoning was originally and Comprehensive Plan designation was originally was wrong. MR.YOVANOVICH: No,you're correct. I mean,this was--this was zoned ag--I mean,estates at the time. And we had to go through and amend the Growth Management Plan to allow commercial on this particular corner. And,frankly,I remember the first time we almost had retail on the corner,and we had transmittal but we didn't get adoption,and then we came back and got office. COMMISSIONER RANKIN: Because I remember this is one of the things we were concerned about.Across the street, I think's already a church,isn't it? COMMISSIONER EBERT: Yes. MR.YOVANOVICH: And a school. COMMISSIONER RANKIN: School,yeah. We were concerned that this would eventually go this way anyway,because what else could you do with a corner? Nobody wants a house on a corner. But this was the one piece of property we'd figure would go anyway. MR.YOVANOVICH: Right. COMMISSIONER RANKIN: Thank you. MR.YOVANOVICH: Thank you. CHAIRMAN KEENE: Any other questions for Mr.Yovanovich? COMMISSIONER EBERT: Yes,I do. Rich, so you're saying that you're doing 70,000 square feet,so 65,000 is going to be ALF,and the other 5,000 is going to be like a rehabilitation center or-- MR.YOVANOVICH: Right,and--yes,and that will serve not only the people who are staying there,but it would be open to-- COMMISSIONER EBERT: Correct. MR.YOVANOVICH: --the public who lives in that area. But,yes,65,000 square feet of it, roughly, is exclusively to the people who are living there; 5,000 square feet is,obviously,also serving them. But we would--the general public can use that 5,000 square feet as well. COMMISSIONER EBERT: Okay. And then on No.4 it was kind of mentioned, is that going to be a buffer and wall combo? Will we be seeing that in the PUD or-- MR.YOVANOVICH: Yes. We had asked for the ability to put that wall right on the preserve line Page 54 of 72 161 2 11 / November 1, 2012 so we could maximize the preserve area for our neighbors to the north or the vege--you have a good--we may have a good exhibit to show you exactly where that wall's going to go. So it would be to maximize the vegetation on the--on our neighbor to the north side. It's the green line on this map. That's where the wall's going to go. And as you can see, it's right on the edge of the pavement so that we would be maximizing the vegetation on the north side of the wall. COMMISSIONER EBERT: Okay. Only one ingress/egress,and that's on Golden Gate? MR.YOVANOVICH: That's correct. The existing GMP,as well as zoning,prohibits any access off of Santa Barbara unless--unless a frontage road system is established that would provide access. I don't know if that ever is going to happen or not,but it would--if it did happen,they didn't want to --we didn't want to have to come through and do another GMP amendment if a frontage road system was established along Santa Barbara.That would actually require us getting rights from our neighbors to the north. So if they didn't like what we were doing,I'm sure they won't give us an easement to access their property. So--so the answer to your question is I only have access on Golden Gate Parkway unless a frontage road system is established that would get us far enough back to the north on Santa Barbara to allow not only our property but other properties to have access onto Santa Barbara. COMMISSIONER EBERT: Okay. You held another--you held another meeting? MR.YOVANOVICH: We--after the NIM-- COMMISSIONER EBERT: Yes,yes. MR.YOVANOVICH: --we went to the Golden--and I'm--I refer to it as the Golden Gate City Homeowners Association to distinguish it,because we're technically in the Estates. We didn't go to the Estates Civic Association because they generally have said,you know,this is really more of a Golden Gate City association. So we did go to the--a meeting last month.I don't know if they ever took a formal vote on it,but I could tell you that the feedback was pretty positive at that meeting regarding--actually, it was all positive about the use that we were proposing on this site from the city's civic association,the comments of the people who were at that meeting. COMMISSIONER RANKIN: On that question,when I was present at Golden Gate Estates association,we actually had a Santa Barbara/Logan division. I don't know that it exists anymore but--or whether they've formed their own separate association. But at one time there was a subdivision;it wasn't a separate corporation,but a subdivision that the Estates association did, in fact,cover this area.It may have went away,though,because their primary purpose was to stop the six-laning of Santa Barbara. MR.YOVANOVICH: Right. I remember when that--I don't know that they still exist. I don't think they do,but I do remember the six-laning being kind of the catalyst for their coming into being,if you will. CHAIRMAN KEENE: Diane,were you finished? COMMISSIONER EBERT: Just two quick things,because--on the southeast corner,I see there is a parkway center PUD just--that's just offices over here. MR.YOVANOVICH: Yes,and--what page are you referring to, so I can-- COMMISSIONER EBERT: Oh,what the heck. I'm on Page 2 of 2 of Exhibit VA. It's an aerial. MR.YOVANOVICH: Okay. I just want to make sure I'm--making sure I don't miss--yeah. If you--basically,for a portion of the frontage on Santa Barbara and a portion of the frontage along Golden Gate Parkway,that--that's all allowed to be office-type uses under the Growth Management Plan,and there's been zoning done appropriately to that. I mean, if you--I mean,this is a pretty big intersection. And if we were anywhere else in the county,I'd feel fairly confident to say all four of these quadrants would be commercial quadrants,but recognizing that we're at the edge of the Estates, it was treated--this corner piece was treated differently than you would probably find at a major intersection like this in this type of area. COMMISSIONER EBERT: Okay. Just one other quick thing. Michele's not here today,but she knows I have a weird sense of humor. I did notice that across the street to the east side,that--and I didn't know whether you were trying to capture everything in this redo,whether you're using the master mobility or Page 55 of 72 I A7 1 6 avember 1, 2012 whatever,but I notice there's a funeral home across the street from here,and I went,wow,now,that's really good planning. COMMISSIONER KLEIN: For your convenience. COMMISSIONER EBERT: Yeah,for your convenience,and--but it is really right up into all this part. It's pressing against, I mean,all homes up here. So it is--it's a little tight corner. You know what I'm saying? I mean,there is so much residential around there. Why did you want that other 2.8 acres? You could not do this because of water management with this-- MR.YOVANOVICH: We--in order to get a facility that made economic sense-- COMMISSIONER EBERT: Sense. Okay. MR.YOVANOVICH: --we talked to--we purchased the property or are purchasing the property to the north. I don't know if we've actually closed on it yet. But purchasing that 2.8 acres to make it work,to make it be a nice attractive-- COMMISSIONER EBERT: To make it available. MR.YOVANOVICH: --facility. COMMISSIONER EBERT: That's all I have for now. CHAIRMAN KEENE: Thank you. Nancy? Oh, is this--or staff? Oh, I'm sorry. I see you sitting there. I'm just assuming it's you. David,you're earning your keep today. MR.WEEKS: Thank you for saying that. I'm not Michele. We look a little different,I'm told. For the record,David Weeks of the comprehensive planning staff,and I am pinch-hitting for Michele. She's at home sick as a dog. And I don't know who came up with that expression,but I feel bad for the dog. My remarks are pretty brief I did want to touch on the history. Mr.Rankin, I think,provided an opening for that,and I think it's appropriate. I put this Future Land Use Map up. This is the same one from your Hussey exhibit from this morning, so you already have it in your packets.But the purpose for putting it up there is you see the brown color on the map,and it's pretty extensive. That is Golden Gate Estates subdivision,and it has been in the past and is different from the rest of the county from a regulatory standpoint. Mr. Rankin made reference to the prohibition along the segment of Golden Gate Parkway,this two miles from Livingston to--east to Santa Barbara Boulevard. That prohibition, if I recall correctly,came about around 2004 or'5. And as he stated,it was a result of the Golden Gate Area Master Plan Restudy Committee efforts. Prior to that,if we go all the way back to 1989 when the Growth Management Plan was adopted, Golden Gate Estates was treated no differently than the agricultural rural areas or the urban area in the sense that the Growth Management Plan didn't have any type of restrictions on conditional uses. So for properties zoned estates,which all of Golden Gate Estates is with the few exceptions of commercial properties at a few intersections,neighborhood centers and such,the process was no different than in the urban area. You submit your application for a conditional,use and you go through the zoning process. When it comes to consistency with the Growth Management Plan,it was an automatic checkoff because there was no limitation of any sort. The 1989 plan did include a policy that said Collier County will adopt a master plan for the Golden Gate area and also for Immokalee and Marco.And the Golden Gate Master Plan was adopted in 1991. Part of the process leading up to the actual adoption included sending out letters to owners--if I recall correctly--all owners of property in Golden Gate Estates. And it was a questionnaire asking about their preferences regarding conditional uses and regarding commercial and I think even industrial.Their preferences for whether the uses would be allowed in the Estates,how might they be allowed or should they be prohibited. Also Mr. Rankin made reference to the stretch of Golden Gate Parkway here,and there are a significant number of existing conditional uses,churches,bridge center,a bingo hall that used to be commercial at one time,and so a lot of nonresidential uses,most of which were conditional uses. Page 56 of 72 i 161 A? November 1. 2012 And there was concern expressed by the public. We--we want some control. We don't want these uses just popping up anywhere,and sometimes Golden Gate Parkway,this stretch was referred to as provisional use row. The predecessor in name for a conditional use was provisional use. So,anyway,the results of that questionnaire--certainly not unanimous,but the results of the questionnaire was that the citizenry wanted some certainty. They wanted certainty as to what type of uses could occur on properties in the Estates. They didn't want to--for example,somebody would not want to buy a piece of property in the Estates and then a year later someone's filing their provisional-use application for a day care,church,whatever other type of provisional use would be allowed in the Estates zoning district. So,finally getting to my point,Golden Gate Estates is different than the rest of the county as far as designations go in that it has locational criteria for conditional uses,and they're rather stringent and,also, limitations on where commercial can go. Around 2004/'5,under the efforts of the Golden Gate Master Plan Restudy Committee,a further limitation was imposed,and that's the one that we're dealing with today,the one that says in Golden Gate Estates along the parkway between Santa Barbara and Livingston,no additional conditional uses are allowed. And then it carved out the exceptions for the ones that--one or two sites that already existed,one of which is the subject site,because its history goes back to the year 2000. That is when the Golden Gate Master Plan was approved--amended to allow for what is currently zoned there today,the Colonnades PUD, the office use only. Now,I want to jump to why is it that staff is supporting this petition,most particularly because of this prohibition in place,because staff has historically had a very,I'll say,conservative view or strict view on the Golden Gate Master Plan. Our view,historically,and still is,that that represents the vision of the community. We do agree with those that say the master plan needs to go through another restudy. And we agree with that 100 percent. But until that happens,this is the Golden Gate Master Plan. This is representative--representing the vision of the community in the Estates area. The difference on this project is the fact that there's existing zoning in place for the majority of the site,not the 2.68-acre addition.That weighed heavily in staffs determination to ultimately recommend approval of this petition. Secondly is,as Rich has already explained,there's a reduction in intensity from the standpoint of the existing use being commercial office. That's found in the Cl zoning district.They're eliminating all but 5,000 square feet of that. That balance is this institutional use which is something that's identified in the Cl zoning, but it's also identified in the Estates zoning district as continual use,other residential zoning districts as a conditional use. From the standpoint of zoning, it is a lower intensity land use. The staff report includes some analysis of noise and glare and so on,and though not unanimous in the evaluation,staffs opinion is,ultimately,the overall result of this change is a reduction in intensity for the site as a whole. Staff is satisfied with the buffering criteria that's provided to protect the properties to the north and to the west,which are still zoned Estates. They contain single-family homes,and that's all they're allowed to contain unless and until a plan amendment is approved for those properties. With that, I'll just say that is our recommendation for approval. CHAIRMAN KEENE: Okay. Do we have any questions of staff? COMMISSIONER RANKIN: My only question would be what about transportation? Is this intersection the way it's going to be if and when they six-lane Santa Barbara? MR. WEEKS: I'll defer to John. MR. PODCZERWINSKY: Good afternoon. For the record,John Podczerwinsky,transportation planning. My understanding is,yes,this intersection is maxed out. COMMISSIONER RANKIN: Because that's what we'd asked at the time was that they max out the intersection, leave the rest of the road alone. MR.PODCZERWINSKY: Yes. COMMISSIONER RANKIN: I didn't know whether that is exactly what had happened or not. Page 57 of 72 16 2 A7 November 1, 2012 MR.PODCZERWINSKY: Yes, sir,it is. COMMISSIONER RANKIN: And then I assume Santa--Golden Gate itself is maxed out also? MR.PODCZERWINSKY: Golden Gate,I believe so,yes. I haven't checked it against the LRTP, but I believe it is,yes. COMMISSIONER RANKIN: Okay. Thank you.Because my concern would be if they get a chunk of their building gone in the next couple of years,then they might want to intrude into that area that gets up against those houses because they come back and request a change. But if the roads are maxed out,then we're looking at the foreseeable future. CHAIRMAN KEENE: Any other questions? (No response.) CHAIRMAN STRAIN: Okay. Ray,do we have any public speakers? MR.BELLOWS: We have one speaker. Ms.Cirou,Caroo(sic),Cirou. CHAIRMAN KEENE: We need to get you sworn in. (The speaker was duly sworn and indicated in the affirmative.) MS.CIROU: So help me God,I do. CHAIRMAN KEENE: Thank you. MS.CIROU: Good afternoon. My name's Alida Cirou,and I'm speaking on my family's behalf today. We live directly north of the subject property. And we want to thank you for the opportunity to be heard on this matter. They're calling this whole thing a small-scale amendment but, in actuality,it's a request to change everything that was agreed upon with the previous owner,Dr. Grekos. We find the term "small scale"rather misleading. Approximately eight to ten years ago,we worked with Commissioner Henning and Mr.Yovanovich to approve this property to be rezoned from residential to commercial,and we were assured that it would be restricted to low-intensity commercial use or offices. Mr. Yovanovich and Commissioner Henning had asked us to be reasonable and to allow for these changes. How could the property owner ever sell his property as residential on such a busy intersection was their argument. And here we are talking about having 120 people live at this busy intersection. Like,it wasn't okay for one person to live there, so let's change it to commercial.Now let's have 120 people live there,and that's A-okay, like--that,to me,doesn't make any sense. I find it rather ironic. The low-intensity commercial offices would only be open from 9 to 5 Monday through Friday, possibly Saturday,and to us that was reasonable. Now the request is to allow these 120 residents in a living facility with medical offices and memory care,and that's going to be 24 hours a day, seven days a week,and for--from my standpoint,that's an intrusion on us as far as what we had already agreed upon with the County Commission and with Mr. Yovanovich and with the previous owner. In our minds,we could see, like,even though it's a higher density, like more traffic coming out during the busy time of the day,we're not even home in the busy time of the day. We're home on the weekends. We're home at night. And we feel like this would impact us more because of the ambulances coming and going who knows at what hour of the day. And our property--our houses are, like,right next to this facility. And I really feel like it's--it be more intrusive and more of an impact on us in our home life and in our property value if we ever go to sell our property,you know, living next to something that-- it's like a hospital,for crying out loud. So anyway, back to my spiel. I feel like it's too much and too close and too far from what was put in place 10 years ago. We were asked to work with the property owner and the county. And just because someone buys this piece and doesn't like the restrictions in place,does that give them the right to change the Golden Gate Master Plan? And how many times and how many changes are we,the adjoining landowners who have lived there for 20-plus years and paid our taxes--how many times are we expected to endure these meetings and these changes and--I mean,isn't a master plan something that,you know,once it's in place, shouldn't it be respected and adhered by? Page 58 of 72 1612 q November 1, 20 2 We are just trying to protect our homes and our quality of life for ourselves and for our future. Once these changes are made,we are the ones that have to live with them. What assurances do we have that these changes will not be amended again? We actually live right next door,and we have for over 20 years. And our home is our greatest asset, and we truly believe that a 120-bed assisted living facility is just too much for this corner.Three meals a day, seven days a week,for 120 people sounds like a lot to me,a lot of deliveries and a lot of garbage,not to mention,of course,the ambulances coming and going at any given time,day or night. So our request is to just leave the PUD the way it is. We feel like they're asking for too many changes,too many allowances to a plan that was already amended to suit their needs. We have already given up 16,000 square feet off our front to allow for the road expansion. Now they want to change the property zoning to our direct west. And we accepted the change from residential to commercial next door. I mean,we've been very cooperative with the county. And,you know,we're just trying to live out our lives there peacefully,that's all. So,anyway, I don't think it's small scale. I think we're being encroached upon at every angle.And it --to me it feels like we'll be living next to a hospital with no buffer between us and the ambulances at two or three in the morning. You cannot convince us at this time that we will not be negatively impacted by these changes that they are proposing. There's too many variables left to chance with these proposed amendment changes. And we appreciate you considering our impact in this matter. Thank you. CHAIRMAN KEENE: Thank you. Ray,any other speakers? MR.WEEKS: No other speakers. CHAIRMAN KEENE: Thank you,Ray. COMMISSIONER RANKIN: May I ask a question of the petitioner? CHAIRMAN KEENE: Yes. COMMISSIONER RANKIN: Do you absolutely have to have that road behind the facility on the north side? MR.YOVANOVICH: That road is really fire access. COMMISSIONER RANKIN: Is there--I realize this is the Comp Plan amendment and PUD is another day,but could we restrict that road to that?Because I understand where this lady's coming from. I don't care if you've got a road and some trees there;if you've got an ambulance in there behind those buildings with all those strobes going at 2 o'clock in the morning, she's not going to like it--and the like,and you're not going to be able to control where they go unless we put some sort of restriction on that. MR.YOVANOVICH: And I think the appropriate way to do that is through the zoning on the property. To put that in the Comprehensive Plan is really is much greater detail than we've historically done. Now,keep in mind,the standard for me to get a Comp Plan amendment approved is a supermajority of the Board of County Commissioners; likewise,is--the standard is a supermajority for the rezone. So as you know,it's--that's a tough burden for a petitioner to meet. So when we get to the zoning aspects of these,we will be addressing hours of delivery of food. We'll be addressing where's the dumpster going to be and those types of issues to assure that there will not be a negative impact,because if I don't assure it,I won't get the zoning approved. COMMISSIONER RANKIN: Yeah. MR.YOVANOVICH: So I believe that we can get there to provide reasonable--the reasonable person the assurances they need that we are not going to negatively impact this. We are not going to be the first assisted living facility next to residential homes. There's other examples of that throughout the county where you have residential homes adjacent to assisted living facilities, and they do a good job of peacefully co-existing,if you will. And I think that we have responsively--responsibly responded to comments that we've received from--and I apologize that I've been calling you Cirous all these years,the Cirous. COMMISSIONER BROUGHAM: That's why you have a problem. Page 59 of 72 LA. 51 a A7 November 1, 2012 MR. STEVEN CIROU: You've just known us too long. MR.YOVANOVICH: And they've also gotten Yovanovich right,so that's not fair,you know,but-- but,no,I mean--you know,we did work with them. And,yes--and you know what,the world did change, and we are again asking for a change. And we think that the change,as staff has said, is a less intense use than's there today,and we hope that the Planning Commission can agree to recommend approval of the Comp Plan amendment. And the terminology small-scale doesn't mean it's small. It just means based upon the size of the property, it's the number of hearings you go through. So I hope that we weren't belittling it. And there's no way this is a hospital. I mean,I appreciate that comment,but we're not a hospital,and you're not going to have ambulances coming in and out like in an emergency room situation. So I--I appreciate that comment,but I can assure you we're not a hospital as far as the uses. We can answer any other questions you may have. And I think that's generally the comments I have in response to Ms.Cirou's comments. COMMISSIONER RANKIN: The only reason I brought that up, sir, is because you can regulate what type deliveries are coming,but you can't tell EMS,well,come back in a couple hours when-- MR.YOVANOVICH: You're right,and--exactly.And,you know what,I'm not going to--no matter what I do, if that's the easiest place for the fire department to get to put a fire out or the quickest way to get somebody out,they're going there whether I have a prohibition on that or not. But I can regulate when trucks come and make deliveries. And we--and that's not unusual.That's-- we do that all the time, so that's an easy thing to do in the PUD. And we're happy to do that and will do that and have committed to doing that. CHAIRMAN KEENE: Okay. Any other questions? COMMISSIONER EBERT: I do. I do have a question. I didn't know quite about all the history back there,but you've been through this before. I understand where you are coming from,because if you worked with Mr.Yovanovich before and your commissioner,Mr.Henning,and you were told it was going to be 35,000 and now it's doubled,that's a lot. That is a lot. And we'll just-- MR.YOVANOVICH: Well--look, let's be fair about that comment. That was 35,000 square feet of office uses,okay. That is very different from the intensity that we're talking about today about an assisted living facility,okay. I bet you,had I known that this was a good market for an assisted living facility,there probably would have been less. You know what,I'm not going to say that. I don't know. I don't know what their opinion would have been. I really don't know. But an assisted living facility,by its very nature, is going to have more square footage than an office use. So when we said to them it was going to be 35,000 square feet of office use and the intensity of that, coming now with a 70,000-square-foot building with less intense use,I'm not going to say I misrepresented or I don't want to even be portrayed that I had made a commitment that,you know,there wasn't going to be a change in the future in the world. If I were asking you for 70,000 square feet of office today,then shame on me,but I'm not. COMMISSIONER EBERT: Okay. CHAIRMAN KEENE: At this point we'll-- MR.LEON CIROU: I'd like to point out something. CHAIRMAN KEENE: You need to come to the microphone. COMMISSIONER HOMIAK: You need to be sworn in. MR.LEON CIROU: My name is Leon Cirou. CHAIRMAN KEENE: Sir,we need to swear you in. MR.LEON CIROU: I can't hear you. CHAIRMAN KEENE: We need to swear you in. (The speaker was duly sworn and indicated in the affirmative.) MR.LEON CIROU: I think so. I sent each and every one of you folks a letter. And they make it all sound real glamorous.We've Page 60 of 72 A7 16 1 2ember 1, 2012 worked hard for that property for a lot of years. And one of the things they're just bypassing lightly is feeding 120 people. We--our predominant winds are southeast and southwest. We will never get away from the stench of the kitchens. They can try all the glamorous stuff they want to; it's not going to work. It's going to put it right on us. The other thing is, I pointed out to you this water management is basically water retention. I'm a Florida Cracker,born here. I can tell you that mosquitoes are bad. And there's nobody to keep check on all this water retention area. And I'm sure they're not going to go out there and spray for mosquitoes. My son's got a swimming pool right in the backyard without a screen enclosure. It will absolutely wreck that swimming pool. And it's gotten so that mosquitoes here in Florida are pretty dangerous. You shouldn't have them. You spend a fortune trying to do away with them. But it's never going to work. You're always going to have them. And--so anyway,that's the couple of main things that they make it sound like it's going to be real easy. But even after they build this place,there will be problems that we'll not be able to have any--anybody to raise Cain with,and we'll ask you-all to turn your collars around and listen to us again,you know. So thank you. CHAIRMAN KEENE: Thank you. With that we will close the public hearing. Any discussion amongst the commissioners,or anyone like to make a motion? COMMISSIONER BROUGHAM: I'll make a motion that we approve--or forward to the Board of County Commissioners a decision of approving GP--GMPA-PL20110000769/CPSS-2011-2. COMMISSIONER KLEIN: I'll second it. CHAIRMAN KEENE: Okay. We have a motion and a second. Is there any discussion? COMMISSIONER VONIER: Rich,you want to say something? He raised his hand. MR.YOVANOVICH: Mr.Brougham,at the risk of--give me one second,because I think there's something you may need to add. COMMISSIONER BROUGHAM: Okay. MR.YOVANOVICH: I didn't hear you take us up on our--I know we discussed limiting the square footage. Instead of going to the FAR-- COMMISSIONER VONIER: I was just going to amend that. MR.YOVANOVICH: Okay. And I want to,you know,go to 70-- I mean, 70,000 square feet was the number we've been talking about. I want to make sure that that gets into the record. And if you want to include that in your motion-- COMMISSIONER VONIER: I think you should redo the motion to 70,000. COMMISSIONER BROUGHAM: I'll just include it, include it. CHAIRMAN KEENE: Mr.Klein,do you accept-- COMMISSIONER KLEIN: I accept it. CHAIRMAN KEENE: --accept that amendment? Is there any further discussion? (No response.) CHAIRMAN KEENE: All in favor of the motion,say aye. COMMISSIONER RANKIN: Aye. COMMISSIONER VONIER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Anyone opposed? COMMISSIONER EBERT: Aye. CHAIRMAN KEENE: Okay. The motion passes 7-1. COMMISSIONER BROUGHAM: Melissa, should we break or not? Page 61 of 72 16 1 a A7 November 1, 2012 CHAIRMAN KEENE: Thank you. Yes,we are going to now. COMMISSIONER BROUGHAM: She's frowning. COMMISSIONER EBERT: Is she frowning? CHAIRMAN KEENE: It is 2:55. We will break until 3:10,and-- COMMISSIONER RANKIN: The next matter. CHAIRMAN KEENE: --and finish up. Thank you. COMMISSIONER RANKIN: And back to the regular agenda. (A brief recess was had.) CHAIRMAN KEENE: Welcome back,all four of the people left. ***We're going to move on to the next petition,which is PL20120000371/CP-2012-1,and this is amending the Future Land Use Map for the Gordon River Greenway. And I believe we have companion item for that as well. MR.ARNOLD: Do I need to swear in? Do I need to be sworn in? CHAIRMAN KEENE: Who's up? COMMISSIONER KLEIN: Did you swear in already today? MR.ARNOLD: Yes. MR. WEEKS: No. Wayne was just asking,Madam Chair,if we need to be sworn in. These are not quasijudicial hearings. Though in the past the Planning Commission has chosen to swear in. CHAIRMAN KEENE: I believe everyone's been sworn in. Okay. MR.ARNOLD: Okay. That's fine. Thanks. I'm here representing--I'm Wayne Arnold with Grady Minor,and I'm here representing Collier County Parks and Recreation today. You,this body,approved the rezoning for the Gordon River Greenway Park back in 2011. And as the park's progressing,one of the requirements in the grant under which they purchased the property requires there to be a Future Land Use Map change on the property to bring it to the most restrictive land-use designation that Collier County has that allows conservation and related uses. So the map change is going from urban residential to conservation. The scrivener's error that Heidi mentioned and handed out to you is something that,in the adoptive ordinance for the rezoning,it said it's approving the Gordon River Greenway Park. I think,for everybody's sake,we understand that to be truly consistent with the Comp Plan and the conservation designation it allows passive uses. So the idea is that we have a concurrent scrivener's error process. They normally don't come to you,but we want to clarify it for the record,and hopefully have you endorse it too,that this is a clarification we need to make by noting that this is for a passive park. And,otherwise,it's a very simple map change from yellow to green on the Future Land Use Map. And I can answer any questions. I don't know--David,I don't know if you have any other comments you need to make for the record,but this fulfills the commitment when the county purchased the property. CHAIRMAN KEENE: Seemed pretty straightforward. Are there any questions on this item? COMMISSIONER EBERT: Make a motion. COMMISSIONER RANKIN: I saw something in here somewhere about a parking lot et cetera. Are there going to be parking lots,restrooms? Is that included in this designation,or is that going to be on a separate parcel? MR.ARNOLD: No. The overall park master plan that was approved through the rezoning process has parking areas. It has a kayak launch. It has other facilities such as a restroom,and those were deemed to be related to the passive park use that it is. COMMISSIONER RANKIN: So they don't require any separate designation. MR.ARNOLD: No. COMMISSIONER RANKIN: Thank you. CHAIRMAN KEENE: Do we have a motion? COMMISSIONER EBERT: I make a motion to approve. COMMISSIONER KLEIN: Second. Page 62 of 72 A 164Z over 1, 2012 MS.ASHTON-CICKO: Madam Chair,could we have two motions;one is going to be the motion on the Growth Management Plan amendment,and then the second motion would be on the rezone ordinance, the scrivener's error. COMMISSIONER EBERT: Scrivener's error. MS.ASHTON-CICKO: And it's a scrivener's error because the record was very clear when it came before the Planning Commission as well as the Board of County Commissioners that it was for a passive public park,but the ordinance,when it got generated,referred to it as a public park. So we're just creating that further limitation to clarify the use. CHAIRMAN KEENE: Thank you. COMMISSIONER EBERT: Okay. Include Heidi's on this motion. CHAIRMAN KEENE: So you'll make-- COMMISSIONER EBERT: So it's two separate motions,but I'll make a motion to approve both. CHAIRMAN KEENE: Okay. So we have one motion to approve the GMP,and then a second by Mr.Klein. All in favor? COMMISSIONER RANKIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VONIER: Aye. CHAIRMAN KEENE: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN KEENE: Motion to approve 8-0. And then,Diane,you are making another motion to approve the-- COMMISSIONER EBERT: To approve the scrivener's error. COMMISSIONER RANKIN: Before we do that,could I ask one more question? Where's the access going to be? Is that already handled or off of a-- CHAIRMAN KEENE: It's already approved. This is just-- COMMISSIONER HOMIAK: It's already been approved. COMMISSIONER RANKIN: Okay,good. Just want to make sure we didn't miss anything. COMMISSIONER KLEIN: I'll second. CHAIRMAN KEENE: Mr.Klein has seconded the motion. All in favor? COMMISSIONER RANKIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VONIER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Motion approved 8-0. MR.ARNOLD: Thank you. CHAIRMAN KEENE: Thank you. ***Okay. The next item is to amend the Future Land Use Element to change the Bayshore Gateway Triangle Redevelopment Overlay. MS.JOURDAN: I have not been sworn in. Do I need to be sworn in? (The speaker was duly sworn and indicated in the affirmative.) MS.JOURDAN: For the record,I'm Jean Jourdan. I'm the interim director for the Bayshore/Gateway Triangle Community Redevelopment agency. Page 63 of 72 161 ,4117 1, 2012 The amendment before you is to expand the area subject to the density bonus for mixed-use development adding allowance for residential-only develop(sic)to qualify for the density bonus,adding an explanation of the density bonus calculation and deleting the development standards,all without increasing the total density allowed within the overlay and to add cross-references to other provision's FLUEs--other provisions of the FLUE. I know some of you are probably not familiar,being new,with the CRA and the Bayshore Gateway Triangle Redevelopment Area, so I'd like to read something into the record to give you a little background information. On March 14,2000,the Collier County Board of County Commissioners determined that the Bayshore/Gateway Triangle area of the county merited public attention and to establish a means by which economic and physical redevelopment could alter the negative image of the area and generate favorable conditions. As a result,Resolution 2000-82 was adopted establishing the Community Redevelopment Agency,and the Bayshore/Gateway Redevelopment Plan was adopted June 13,2000. Since the adoption of the 2000 redevelopment plan,much has changed,and accomplishments are being realized within the redevelopment area,including streetscape improvements,stormwater infrastructure improvements,pedestrian pathways,crime reduction,facade improvements,the opening of the Botanical Gardens,creations of a cultural and arts district,and rezoning of a catalyst site to accommodate and facilitate cultural activities. In addition,the CRA has assisted many new businesses to come to the area through our grants and incentive programs. To solidify development and redevelopment planning efforts,numerous studies have been contracted since the establishment of the CRA in 2000. Extensive community outreach and public involvement was spearheaded to identify areas of opportunities. Through implementation of the Land Development Code,Growth Management Plan,and public input, it has become apparent there is a need to amend the Bayshore/Gateway development overlay to better facilitate development and redevelopment opportunities within the area. The proposed amendment seeks to provide for additional means to utilize an underutilized incentive afforded to the agency known as the density bonus pool. The density bonus pool consists of a maximum of 388 residential dwelling units permitted to be utilized in the overlay for density bonuses. The 388 density bonus pool corresponds with the number of dwelling units previously entitled to the Botanical Gardens site prior to the rezone in 2003. The Growth Management Plan currently limits the use of the density bonus units to mixed-use projects within portions of the overlay. Through public input,the CRA has realized that there are other areas within the overlay that are suitable to receive density bonus units. The areas targeted and identified through amendment and would be eligible to receive density units have been considered for development and/or redevelopment by either prospective developers or individuals during their due-diligence phase. Unfortunately, interest to develop or redevelop these sites diminished when the potential investors realized the sites did not qualify for the residential density bonus as other areas of the overlay. As a result,the proposed projects were deemed not viable and remain as-is. The current limited means of distribution of the density bonus units have resulted in a lack of utilization in some instances,and diminished the appeal and prospective redevelopment sites within the redevelopment area. This amendment will serve to expand the mixed use potential to parcels on the north side of Davis Boulevard and Activity Center 16 and add text to permit additional means for distribution and utilization of the residential density pool through a defined PUD process. This amendment does not seek to increase the total number of dwelling units presently allowed within Bayshore/Gateway Triangle area but merely allows for different means of distribution of the dwelling units,affording increased opportunity and utilization of the density pool dwelling units.The proposed amendments to FLUE Policy 5.1,density bonus pool,density rating system,and mixed-use activity center subdistrict are for clarity purposes and provide cross-references to the density bonus pool and its relationship Page 64 of 72 1612b2 to the Bayshore/Gateway Triangle Redevelopment Overlay. Additionally,the proposed amendment seeks to delete development standards that have already been incorporated into the Land Development Code and are currently in the Growth Management Plan. I'd be happy to answer any questions after all that. CHAIRMAN KEENE: I think you've covered it all. David,do you have anything to add? MR. WEEKS: No. CHAIRMAN KEENE: She did a good job. Any questions from commissioners? COMMISSIONER RANKIN: My question--I assume Commissioner Fiala and Commissioner Coyle are behind these,right? MS.JOURDAN: Yes. Actually,when we were going forward to do the Growth Management Plan amendment,we took it to the CRA board,which is the BCC,but they sit as the CRA board for permission to move forward with this amendment. COMMISSIONER RANKIN: Okay. CHAIRMAN KEENE: Okay. Do we have a motion? COMMISSIONER HOMIAK: Yeah. I'll make a motion to recommend approval for transmittal to the--that the BCC transmit to the Florida Department of Economic Opportunity. COMMISSIONER VONIER: Second. CHAIRMAN KEENE: All in favor? COMMISSIONER RANKIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VONIER: Aye. CHAIRMAN KEENE: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN KEENE: Motion to approve 8-0. Thank you. MS.JOURDAN: Thank you very much. CHAIRMAN KEENE: ***Next item on our agenda is Grace Romanian Baptist Church,and this is PDI-20120001345. Good afternoon. MR.HANCOCK: Good afternoon,Madam Chairman,Commissioners. Mr. Rankin,congratulations,condolences,whatever may be appropriate. COMMISSIONER RANKIN: I'm told it's both. MR.HANCOCK: We appreciate your time and commitment. I have the pleasure of appearing today on behalf of the Grace Romanian Baptist Church. The petition before you is PDI-PL2012--and I'm sorry.I see--is that--shall we be sworn in? Do we need to take care of that? COMMISSIONER KLEIN: And tell the court reporter who you are. (The speaker was duly sworn and indicated in the affirmative.) MR.HANCOCK: And,for the record,Tim Hancock with Davidson Engineering. Thank you very much. The purpose of this application before you today--and it is an unsubstantial change to a PUD master plan. It's simply to move a required county preserve from the north side of the property line to the south side of the property line. Now,I say simple,but things are rarely as simple as they seem. So the property's located on Livingston Road,located just here on the west side,just north of the second curve as you go north of Immokalee Road. Page 65 of 72 i 2 A7 November 1, 2012 The project is bordered to the south by the Royal Palm International Academy,to the north and to the west by unzoned,currently wooded agricultural property,and to the east by Livingston Road. And,again,it looks a little bit dark on the visualizer. But just to give you an idea,this piece was rezoned back in 2011 for the Grace Romanian Baptist Church. We are not proposing any changes to that rezone,any changes to the development standards,any changes to the intensity or land-use intensities or uses. This is simply to move a preserve from one location to another. But as you can see,the Royal Palm International Academy,which I understand has been recently either purchased or under contract and may be coming back in as a residential community--you have Learning Lane immediately to the south here,which accesses the middle school back here,and then again, these are vacant,unzoned,and undeveloped agricultural parcels to the north and west. The PUD,as originally approved in 2011,had a preserve contained along the northern property line. The main reason it was on the northern property line was that the county Land Development Code has an interesting little glitch that I think you're going to be seeing for a change in the near future,and that is this: For properties that have wetlands that do not have a UMAM score that reaches a minimum standard,the county puts a priority on uplands higher than that. And it's kind of interesting,because if you have a project that's not going to the district for permitting,you don't get a UMAM score. And so--you know, it's interesting,but it also ignores the ability to go in and take out some exotics and take a wetland and make it a higher functioning wetland,which would be a higher UMAM score. So the LDC actually,in that sense,promotes the destruction of wetlands and the retention of upland. Again,a very limited scope but one that this project pointed out,and one that I think we're going to be addressing in the next cycle of LDC amendments. And the reason I give you that background is this is a FLUCCS map of the subject property. And as you can see,it's predominantly uplands here in this light orange color,but the blue you see down here and the green you see here are wetlands,and they're wetlands that have less than 50 percent exotics. So when you go to the South Florida Water Management District,they don't want you to mow them down. They want you to improve them. And so what happens is,the county's PUD zoning required that a preserve be along the north side. You go to the district,and in order to impact even a portion of these wetlands, it was going to cost the church an additional$60,000.And they were going to take a 12-acre site and lose the preserve to the north because of the county LDC requirements and then lose more land to the south because of the district requirements. What we're here to do today is to combine those two. And the way in which we've done it is work with Chris D'Arco with your environmental staff. We went to the district. And what the district did,more or less--they weren't required to,but they went out and walked the property again with our environmental consultant,and by just simply removing the exotics,the relative UMAM score will elevate to a point that it meets the county's LDC requirements for preserve. So,therefore, if those exotics had been removed,the county's own LDC would have promoted the area to the south as being the required preserve area. That's what we're trying to do today is we're trying to make sure that the church's little 12-acre parcel doesn't become a 7-acre parcel because the LDC and the district requirements were not in sync. So what you see here is this is the proposed master plan and,literally,it takes the preserve,which was along the northern property line,and moves it to the south. That's all. No changes to development standards. No increase in intensity. The one thing that did come up during the course of this review is--and I know some of you were here when this came through in'11,2011,there was a long discussion about an interconnection to Learning Lane,much longer than anybody here probably really wants to remember. But it was pointed out at that time that it has to kind of be shown there because the GMP requires it,but in all practicality, it's not a feasible connection. With the passage of time and more information,transportation staff has indicated they also understand it's really not feasible. So if that--you know, if that could be removed,great. If you-all want to keep it there,that's fine,too,because based on the verbiage,we're never going to be able to connect to Page 66 of 72 i612 47 November 1, 2012 Learning Lane. It's just too darn expensive. But by having it on there, it kind of creates a situation where the preserve could be--you know, if there were an interconnection there,you'd have to move preserve from one side to the other,and so it's something that's probably a little unnecessary. So I certainly don't want to confuse the matter. Our primary purpose here is simply to adopt this master plan which shows the relocation of the preserve. But if it is of a mind of this body to go ahead and get rid of that connection because it's not feasible, it's not going to hurt our feelings. That's kind of a Reader's Digest summary of why we're here. And I'd just asked that--obviously, that you look upon this favorably because what is being proposed,actually,is in compliance with the Land Development Code. It just takes a different route to do that. None of our setbacks to the property lines for any future buildings have changed. And as we all know,master plans are conceptual in nature. As they come in for Site Development Plan,buildings and lakes can be relocated on the site. The one thing you can't do is you can't up and move a preserve. So that's what caused--and it triggered this process. That's why we're here. And I would--in addition to answering any questions you may have, if there's any public comment, we'd ask for the right to come up and address those comments after they're made. But thank you. CHAIRMAN KEENE: Any questions for Tim? COMMISSIONER RANKIN: It's one level of government doesn't agree with another level of government. MR.HANCOCK: Shocking, isn't it, sir? COMMISSIONER RANKIN: Yes, it is. MR.HANCOCK: But we're going to get it on the same page in the next LDC cycle. It's a glitch. CHAIRMAN KEENE: Thank you,Tim. MR.HANCOCK: Thank you. CHAIRMAN KEENE: Nancy? MS.GUNDLACH: Good afternoon,Commissioners. I'm Nancy Gundlach,principal planner with the department of planning and zoning. And staff is recommending approval of this petition. It's consistent with the Land Development Code as well as the Growth Management Plan. And regarding the interconnect,staff has reviewed that request not to have the interconnect there. And we understand it's not viable,so we do support the removal of it if that is what the Planning Commission would like to recommend. CHAIRMAN KEENE: Okay. COMMISSIONER EBERT: I have one question,Nancy. Then in entering the church, it would be a left-in and a right-out? Is that the way this is going to work on Livingston? MS.GUNDLACH: Let's ask transportation about that. Okay. Actually,the agent just said it's just a right-in and a right-out. COMMISSIONER BROUGHAM: Southbound on Livingston. COMMISSIONER EBERT: Okay. A right-- MR.HANCOCK: Yes,ma'am. We're somewhat mid-block. As you may know,Livingston Road is a very limited access facility,I think,just one step below I-75. And so median openings are not thrown in willy nilly. So we're fully aware that our users will have to turn right-in and right-out. But,fortunately,Learning Lane is a median opening. So they can travel just to the south of the property,get into a left turn lane,and make a safe U-turn. Again,primarily being Sundays where there's low traffic involved. It's--and we're a fairly small church.It's just not going to be a problem. COMMISSIONER EBERT: So it's a U-turn--yeah,until you grow. MR.HANCOCK: That is always the hope of a church,ma'am,yes. COMMISSIONER EBERT: So in other words,it is where you--John,is it where you come around then and--so you have to make a U-turn. I think that's what we talked about last time? MR.PODCZERWINSKY: For the record,John Podczerwinsky,transportation. Page 67 of 72 16iA7 November 1, 0 Yes,ma'am,that's correct. You'll have to go north of the site. If you're headed northbound and want to enter this site,you'll have to go north of it,make a U-turn and--to get southbound to come into the site. COMMISSIONER EBERT: How far north? It's-- MR.PODCZERWINSKY: As I recall,it goes all the way up to Veterans. COMMISSIONER EBERT: So you have to go all the way to Veterans,make-- MR.PODCZERWINSKY: Make the U-turn. COMMISSIONER EBERT: Okay. MR.PODCZERWINSKY: Although I may need to amend that because there is a fire district facility that's coming in,and there have been some discussions about opening the emergency median opening that they would have there into a full median opening that would be mid block. So I don't know where those discussions have gone,but they are on the table. COMMISSIONER EBERT: Okay. Thank you. COMMISSIONER RANKIN: And while transportation is up there,if I could,that's definitely a comment I need to make,because once or twice I've made a mistake of going down a couple of our roads, and you have to drive,like,two--a mile or two miles to be able to turn around. That's just-- I realize that needs to be limited access,but that's just way too limited. MR.PODCZERWINSKY: I understand,sir. It was this body and the Board of County Commissioners that adopted the resolution that made it a limited access roadway,so staff is bound to follow those rules. We'll be under your purview to change it at some point if you'd like. CHAIRMAN KEENE: Thank you. Ray,do we have a public speaker? MR.BELLOWS: Yes,Frank Pitt. CHAIRMAN KEENE: Were you sworn in? (The speaker was duly sworn and indicated in the affirmative.) MR.PITT: Hi. My name is Frank Pitt,and I've owned the property to the west and the north with my brother for a long time. I just kind of learned a little bit more about this whole situation today. Talked to Nancy,got some ideas on how it's structured. I know in the original plan we had a nice big buffer on the north end of their property,out on the west we had a nice buffer of the lake. This would change that a bit. From an ecological standpoint, it sounds like it makes sense to flow it that way. Talking to Wayne Arnold,because he's been talking with some of the people in there,too,and that seems to make some sense. It's just that I know on the west end of the property,along the middle school,that the original plans called for a berm in there,and then later on all they had is a parking lot and a dropof£ And I don't know for the future--I haven't had a chance to talk to my brother further about this, so I'll hold my opinion on some of this for the future--but some of the buffers and these other things may or may not be adequate,depending on how it all plays out in the future. But thanks for your time. Appreciate it very much. CHAIRMAN STRAIN: Thank you. With that,we'll close the public hearing. And do we have a motion? COMMISSIONER BROUGHAM: I'll make a motion,please,that we approve PDI-PL20120001345,Grace Romanian Baptist Church,with the stipulation that the master plan be revised to remove the interconnection to Learning Lane as shown. COMMISSIONER EBERT: I'll second. CHAIRMAN KEENE: All in favor? COMMISSIONER RANKIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VONIER: Aye. CHAIRMAN KEENE: Aye. COMMISSIONER HOMIAK: Aye. Page 68 of 72 A7 161 N ember 1,2012 COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN KEENE: Motion approved 8-0. MR.HANCOCK: Thank you very much. COMMISSIONER RANKIN: And while we're on this subject,could we request--is it common practice for staff to sit down with these other agencies that have jurisdiction over our plans to make sure we are on the same page on a regular basis? MR.BELLOWS: For the record,Ray Bellows. Staff does meet with and coordinate with other state and county and even federal agencies on issues that pertain to various projects as time goes on,and where we've uncovered or discovered inconsistencies,we've worked to resolve those things. But sometimes things don't come up very often,and there's an unusual project where these things are discovered. COMMISSIONER RANKIN: I just wanted to make sure there was a process to bring those to our attention and the board's attention so we can correct them. MR.BELLOWS: Yes. They come back as either GMP or LDC amendments. COMMISSIONER RANKIN: Thank you. CHAIRMAN KEENE: Okay. Moving on to old business. LDC amendments has been continued again until the December 6th meeting. New business. We are requested to accept a schedule to review past clarifications of the Land Development Code and forward a recommendation to accept the selected staff clarifications to the Board of County Commissioners. Ray? MR.BELLOWS: For the record,Ray Bellows. I put together this executive summary and schedule. The purpose of creating a schedule is not to give the board all of the staff clarifications at once,or the Planning Commission. We wanted to review them as staff to make sure they're still applicable. Some of them have been superseded by subsequent LDC amendments,or some of them don't reference current LDC citations. So staff is reviewing each one of them,and we are revising to note current staff citation numbers.And if they have been superseded,we've removed them from your packets. And we've put together approximately five or six per meeting for you to review and then forward a recommendation to the board. CHAIRMAN KEENE: So you just need us to accept this--the schedule included in our packets for review? MR.BELLOWS: Yeah. And if you have questions on the five or so that were included in your packet today. CHAIRMAN KEENE: Okay. COMMISSIONER BROUGHAM: Staff clarification is simply that,it's a staff clarification of existing LDCs? MR.BELLOWS: Great. I'm glad you asked that question. I meant to include that in my presentation. Over the time--over the years,as staff has turnover and we have new staff trying to implement or explain the code to our customers or the public,and they may not fully understand some of the language. And instead of keep asking the zoning director of how these things should be interpreted,the zoning director at the time decided to create kind of a memorandum of law where they explain it once,and then staff at the front counter can review those things. So if they have a question about,say,guesthouses,they can look at the past staff clarification and not keep going back and searching for someone to explain it. So that's--it's really a memorandum to help explain what the code means and doesn't change any of the language or intent of the Land Development Code. COMMISSIONER BROUGHAM: Is that still your practice? I mean,are there new staff clarifications coming-- Page 69 of 72 16 a A ? November 1, 2012 MR.BELLOWS: Yeah. The one in the packet-- COMMISSIONER BROUGHAM: --from time to time? MR.BELLOWS: --today was for window signs,and that was a 2012 one. COMMISSIONER BROUGHAM: Okay. So the process is still in place-- MR.BELLOWS: Yes. COMMISSIONER BROUGHAM: --when required?Okay. MR.BELLOWS: Yeah. It really is a useful tool. If you ever visit our front counter staff and there's a line of people wanting to ask questions and--you know,it's a great place to learn when you're a new employee to Collier County.It forces you to read the code and understand it,but there's so many things in there that aren't readily evident. And instead of having that person contact the zoning director time and time again during the day, it's easier to refer to the log and find your answers there. And if you're still unsure,then they go to the director or myself. COMMISSIONER BROUGHAM: Frequently asked questions? MR. BELLOWS: Yes,exactly. COMMISSIONER RANKIN: So our function of these, if we see one of these that we don't agree with or we think you're incorrect,we need to bring it up at this point? MR.BELLOWS: Yes,yeah,and we'll try to explain it. And if you point out something that one of our staff people have not uncovered,then we'll address it,and it might result in an LDC amendment. CHAIRMAN KEENE: And I'll just add--just,you know, in dealing with some of these items over the years,the issues would be you would go in for a permit and get something today,and then staff would change over,and you would apply for the same thing,and you would get denied. And so-- MR.BELLOWS: Yeah. This helps prevent that. It may not always happen,but it's supposed to help. CHAIRMAN KEENE: Right. It just keeps it consistent and fair across the board. COMMISSIONER RANKIN: Well,we don't get the other comment that would so shock the other gentleman that you get one answer at one end of the counter and the other answer at the other end of the counter. MR.BELLOWS: Yeah,that's the main reason for it. CHAIRMAN KEENE: Okay. Do we have a motion to accept the schedule as presented? COMMISSIONER HOMIAK: Schedule? I'll make a motion. COMMISSIONER VONIER: So moved. COMMISSIONER HOMIAK: And I'll second. CHAIRMAN KEENE: Okay. All in favor? COMMISSIONER RANKIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VONIER: Aye. CHAIRMAN KEENE: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN KEENE: Motion approved 8-0. And I believe-- COMMISSIONER BROUGHAM: May I ask something?Because the recommendation was for us to approve to forward a recommendation to the BCC to accept the following staff clarifications,of which there are two,four, six,in addition to accepting the schedule. CHAIRMAN KEENE: Correct. COMMISSIONER BROUGHAM: Did the motion say that we're forwarding these six items here with a recommendation for approval? COMMISSIONER RANKIN: No, it didn't,but-- COMMISSIONER BROUGHAM: All I heard was accept. Page 70 of 72 1612 ' 1 November 1, 2012 CHAIRMAN KEENE: No,I think that was the intent. COMMISSIONER HOMIAK: I just accepted the schedule. I don't know if there are-- COMMISSIONER VONIER: That was the schedule. COMMISSIONER RANKIN: That would need to be the next motion. MR.BELLOWS: Yes,a second motion. CHAIRMAN KEENE: Then we can do another motion to accept the ones presented. MR.BELLOWS: Yes,in the packet today. CHAIRMAN KEENE: In the packet today. COMMISSIONER HOMIAK: I'll make a motion to accept the ones that were presented in the packet today and forward to the-- CHAIRMAN KEENE: The BCC. COMMISSIONER HOMIAK: And--yeah. COMMISSIONER KLEIN: (Raises hand.) CHAIRMAN KEENE: And it looks like it was seconded by Mr.Klein. COMMISSIONER KLEIN: Yes. CHAIRMAN KEENE: All in favor? COMMISSIONER RANKIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VONIER: Aye. CHAIRMAN AHERN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER KLEIN: Aye. COMMISSIONER BROUGHAM: Aye. CHAIRMAN AHERN: Motion approved 8-0. MR.BELLOWS: Thank you very much. CHAIRMAN KEENE: And now that brings us, I believe,to the end of our hearings. Any public comment? There's no one left in the room. So do I have a motion to adjourn? COMMISSIONER BROUGHAM: Motion to adjourn. COMMISSIONER RANKIN: So moved. COMMISSIONER VONIER: Second. CHAIRMAN KEENE: Meeting is adjourned. ******* There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 4:41 p.m. COLLIER COUNTY PLANNING COMMISSION MEL S A 61E, ' Page 71 of 72 16LZbA22 ATTEST DWIGHT E. BROCK,CLERK These minutes approved by the Board on I al6210)2, ,as presented /or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE,INC., BY TERM LEWIS,COURT REPORTER AND NOTARY PUBLIC. Page 72 of 72 1612 A October 17,2012 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING @ZOIRRY311)) DEC 2 p 2012 Di October 17, 2012 Naples, Florida BY:....................... LET IT BE REMEMBERED that the Collier County Contractors' Licensing Board, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd Floor, Collier County Government Complex, Naples, Florida, with the following Members present: Vice Chair: Richard Joslin Michael Boyd Terry Jerulle ilkr 7 Kyle Lantz Henning Thomas Lykos Coyle Robert Meister Patrick White Excused: Jon Walker Resigned: Lee Horn, Chairman ALSO PRESENT: Michael Ossorio — Supervisor, Contractors' Licensing Office Jeff Wright, Esq. —Assistant County Attorney James F. Morey, Esq. —Attorney for the Contractors' Licensing Board Misc.Corres: Date: 1--i (<?1 13 1 item#: ► lnZ 21A% Copies to: 16 1 2 48 October 17,2012 NOTE: Any person who decides to appeal a decision of this Board will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the Appeal is to be based. ROLL CALL: Vice Chairman Richard Joslin called the meeting to order and read the procedures to be followed to appeal a decision. Roll call was taken and a quorum was established. Seven voting members were present. Michael Ossorio noted Board Member Jon Walker had been excused. II. AGENDA—ADDITIONS OR DELETIONS: (None) III. APPROVAL OF AGENDA: Thomas Lykos moved to approve the Agenda. Second by Patrick White. Carried unanimously, 7—0. IV. APPROVAL OF MINUTES—September 19,2012: Patrick White requested to amend the September 19th Minutes to include Form 8-B, entitled"Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers,"as part of the record concerning the action pertaining to "Global Maintenance and Restoration, Inc." Patrick White moved to approve the Minutes as amended. Second by Kyle Lantz. Carried unanimously, 6—0. (Note: Michael Boyd could not vote to approve the Minutes because he did not attend the September 19th meeting.) V. DISCUSSION: Michael Ossorio announced Chairman Lee Horn had resigned, effective October 10t. Lee Horn accepted a position in Central Florida. Mr. Horn sent his regrets that he could not complete his term as well as his best wishes to the Board. Mr. Ossorio reminded the Board that a new Chairman and Vice Chairman are usually elected during the December meeting. He stated he could place the item of"Elections" on December's Agenda or the Board could discuss their options during the current meeting. He further stated the Vice Chairman is permitted to conduct the meeting in the absence of a Chairman. N He concluded by stating the Board would not meet in November. Terry Jerulle suggested electing a Vice Chairman to serve only for the month of December as a back-up in the event that Vice Chairman Joslin was absent in December. 2 1612 October 17,2012 There was a brief discussion concerning options. Terry Jerulle nominated Thomas Lykos to serve as Temporary Vice Chairman for December, 2012. Second by Patrick White. Mr. Lykos accepted the nomination and agreed to serve for the December meeting. Carried unanimously, 6—0. Mr. Lykos abstained from voting. VI. NEW BUSINESS: (Note: Regarding cases heard under Section VI, the individuals who testified were first sworn in by the Attorney for the Board.) A. Angela W. Rogers—Waiver of Examination(s) Vice Chairman Joslin noted Ms. Rogers was present and had requested a Waiver of Examination. Ms. Rogers: • She had allowed her license to lapse because she moved out of state for a period of approximately two years, • She has returned to Collier County and wishes to reinstate her license, • She initially obtained her license in 1999, • License: "Painting and full finish" Michael Ossorio: • Ms. Rogers was originally licensed on April 29, 1999 • Expiration date: September 30, 2010, • Ms. Rogers took/passed the Business Procedures test and the Painting Exam, • The Painting Exam has been updated to reflect the new 2012 Florida Building Code while the Business Procedures test has remained the same. Patrick White brought up a Point of Order regarding the Agenda item and for the individual cases that followed. He stated it was difficult to determine which exam was requested to be waived—the Specialty Trades test, and/or the Business&Law Exam, or both if applicable—and suggested the information should to be clearly stated on the application or through the Staffs remarks. Mr. White asked Ms. Rogers if she was requesting to waive both tests and her response was, "Yes." Mr. Ossorio stated Ordinance 2006-46 clearly defined the requirements for Painting under Section 1.6.3.30, a Painting Contractor is required to take/pass the Business Procedures test and an approved Trades test. He further stated he will note the Ordinance requirements in the future. 3 8toher 17, 2012 16I2 �� Vice Chairman Joslin noted one test was passed in 1998 and the other in 1999. Kyle Lantz asked the applicant what she had been doing while out of state—if she had continued to work as a painter and her response was, "Yes." Ms. Rogers stated she was licensed and continued to work in Enterprise, Alabama and in Dothan, Alabama. Mr. Lantz asked if she considered herself to be "up on the trade"regarding the business aspect, and her response was, "Yes." Q. "Are Alabama's laws similar to Florida's laws regarding liens and licensing.? A. "They are pretty much the same but Alabama has an extra state tax that Florida doesn't have, and you have to pay those taxes monthly." Thomas Lykos asked Mr. Ossorio if Staff had a recommendation. Michael Ossorio replied the County did not object and stated: • Staff recommended approving Ms. Rogers' Certificate for reinstatement, • She is to pay all necessary fees, o Reinstatement fee: $205 o Renewal late fee (2010-11): $185 o Renewal late fee (2011-12): $185 o Renewal fee for 2012-13: $125 • She has taken the necessary exams, • She attended the Hearing to discuss the Board's concerns. Kyle Lantz asked if the Board was required to examine Ms. Rogers' personal credit report since her business was closed in Florida. Michael Ossorio noted the application included a business credit report for"Tom and Angie's Custom Painting and Full Finishing,"which was the previous company that she qualified. The Ordinance states if the company to be qualified is less than twelve months old,the credit reports for the previous company are to be submitted. He continued, stating the application was a"full" application and Ms. Rogers personal credit report may be reviewed by the Board. Mr. Lantz stated the score of the personal credit report was not very good and asked if there was not an exam issue, would the Applicant still appear before the Board for a credit issue. Mr. Ossorio stated he reviewed the credit report and noted there was a medical issue which the Board has typically recognized that payment of medical bills have no bearing on whether or not Contractor—related bills are paid. He further stated in terms of the Ordinance, he would probably approve the application. Patrick White noted a question about one of the answers on the application and requested additional information. He referred to Page Two: "List all debts which you or any company associated with you refused to pay, and the reasons for the refusal to pay." He further noted the answer was, "Personal credit cards." 4 • 161 Z A8 October 17,2012 Ms. Rogers stated she was in the process of paying all of the bills. Q. "You didn't refuse .... You just weren't able [to pay]?" A. "Yes." Mr. White stated he had additional questions for the Applicant to answer. Q. "The credit report listed other names that you were known as. Have you ever contracted using any of those names?" A. "No,just under the license name." Q. "The credit report listed a number of collections—the amount for medical was relatively small. But there was a substantial sum, approximately$12,000, to Chase Bank, USA and also under an account known as the `Midland Fund.' Can you tell me what kind of debt that is?" A. "That was a business card—my husband's business card. It was one that he had in his name but I am working on paying them off because I have to." Q. "Because they were joint accounts?" A. "Yes. He had his card and I had my card. And,that way, I knew exactly where everything went and what was spent on what." Vice Chairman Joslin asked Ms. Rogers if her husband was still involved in the Company and her response was, "Yes." Mr. White continued: Q. "There is also a substantial amount—$6,400—through Citibank for Sears— LVNV Funding? Can you tell me whether that card was used to purchase anything relative to the business or not?" A. "I don't think that one was for the business. I'm almost positive. Actually, I think that was a riding lawn mower." Vice Chairman Joslin ascertained there were no further questions from Board members and requested a motion. Terry Jerulle noted the current Agenda included other cases with the same issue, i.e., requesting a Waiver of an Examination, and as the economy improves, other individuals would try to come back into the business. He stated his problem was determining where to"draw the line" for examinations—one year or two years? He suggested the Board decide a"rule of thumb" concerning how long would be acceptable between examinations. Michael Ossorio stated: • A number of returning contractors have chosen to re-take the exam to refresh their knowledge, • Every applicant has the right to petition the Licensing Board for a full review, • Each application should stand on its own merit, • The Board has decided on both sides of the issue (whetherr or not to waive an examination) on a month-by-month basis, 5 161248 October 17,2012 • The Board of County Commissioners set the standard: o If an applicant has not taken an exam in three years, he/she must appear before the Licensing Board to explain what he/she had been doing professionally during that period of time. • Some applicants have been"grandfathered"in due to their experience, • Others have taken only one exam because that was the requirements when they were initially licensed, • Six years ago, the testing was split into two components—a comprehensive exam for business procedures and a comprehensive Trades test. Vice Chairman Joslin asked if there was a continuing education component attached to the Painting Exam and the response was, "No." Ms. Rogers stated she has been painting for twenty-nine years. She explained when she was in Alabama, training on the subject of lead and lead poisoning was required —anyone who was licensed after 1974 was required to take the training. Mr. Ossorio clarified if there has been a licensing lapse of three or more years, a Waiver is not automatically granted. The applicant must appear before the Licensing Board to explain why the license was allowed to lapse and provide proof of continuing work in the trade. Thomas Lykos asked if the pertinent portion of the Ordinance could be entered into the record. He also asked if a license had been inactive for less than two years, if the re-testing requirement still applied. Michael Ossorio: • Each licensed Contractor must renew his/her license by September 30th of the renewal year. • A Contractor who has not renewed the license by December of that year is considered to be delinquent and a late fee of$20.00 per month is charged in addition to the renewal fee. • If the late fees and the renewal fee have not been paid by January 1st of the following year,the Contractor's license is suspended. • If a license has been suspended, a reinstatement fee of$205 is charged plus a limited application is to be submitted to verify name, business address and contact information. • If a license is suspended for a period of twelve months or longer, it is then considered to be null and void. • To renew at that point, if the applicant has not been tested for a period of three years, he/she must sit for an exam in order to reinstate the license. Most Contractors determine to take the exam. Mr. Ossorio stated while Ms. Rogers' certificate with Collier County had lapsed, she continued to remain active in her trade by working in Alabama. Mr. Lykos asked if the local Ordinance was based on State law. 6 1619A8 October 17, 2012 Mr. Ossorio clarified it was a local requirement—not a State requirement—and noted Ms. Rogers had a specialty license which is regulated by the Board of County Commissioners and the Licensing Board. Patrick White stated he will weigh the following concerns before making a decision: • The length of time between exams; • Whether there are one or more exams required than previously taken; • What is the current standard; • The scores of the previous exams; • The relevant testimony about what has been done in the trade and business aspect of operating that trade here or somewhere else; • The period of time when the license was not active in Collier County; • And the general rapport of the applicant—demeanor, accuracy of knowledge when responding to questions asked by the Board. He concluded that he was prepared to make a motion to approve waiving the re-testing requirement. Vice Chairman Joslin noted the Applicant stated she had been going through a divorce and asked if the divorce was final. Ms. Rogers replied she and her husband had reconciled. Mr.Joslin asked if Mrs. Rogers' husband had been involved in the business previously and was still involved in the business, why was it necessary to change the name from"Tom and Angie's Custom Painting and Full Finishing." Angela Rogers replied it was less expensive to place her license under"Thomas W. Rogers Painting"than to renew using the old company's name. When asked if additional debts had been incurred by the former company, she stated there was only the one card and payments were being made. Mr. White asked if the debt was a personal one or if it had been incurred by the business entity. Ms. Rogers confirmed that she and her husband owed the debt on the card. Patrick White moved to approve the application to waive retesting of the business and trades exams. Second by Thomas Lykos. Motion carried, 6— "Yes"/1— "No." Kyle Lantz was opposed. Attorney James Morey confirmed that Mr. Ossorio had outlined the time line contained in Section 22.191. He stated the Ordinance noted if a request was made to reactive a dormant license,the testing requirement could be waived by Staff if the applicant proved that he/she had been active in the trade in another jurisdiction, or had been active as an Inspector or Investigator in the trade, or for other valid reasons. 7 16 1 2 A8 October 17,2012 B. Terry Gouker—Waiver of Examination(s) Vice Chairman Joslin asked Mr. Gouker to explain why he had applied for a Waiver of Examination. Terry Gouker stated: • He did not like to take tests; • His licenses in Cape Coral and Lee County remained active but since he did not have any work in Collier County, he allowed his Collier license to lapse. • He confirmed he has remained working in his trade. • He recently bid on a job in Collier County but cannot begin work until his license is renewed. Michael Ossorio: • The application is for a tile and marble. • The Ordinance requires both a Business Procedures exam and a Trades test. • The applicant initially received his license in 1992. • He may not have taken the Business Procedures test,just the tile and marble exam. Mr. Gucker stated a business component had been included in the exam. Mr. Ossorio continued: • The applicant took the Tile and Marble exam on April 4, 1992. • He chose not to renew his license in Collier County in 2010. • His license has been current in Lee County for many years. Vice Chairman Joslin noted the Applicant's license in Lee County expired on September 20, 2012. He asked Mr. Gucker if the license was concurred and he confirmed that it was. He stated both the Lee County and the Cape Coral licenses had been renewed prior to the end of September. Kyle Lantz questioned Mr. Ossorio: Q. "If Mr. Gucker never had a Collier County license, would the Board see the application or would it have been handled administratively with reciprocity?" A. "At the very minimum, he would have to provide a letter outlining what he had been doing. If it was related to his construction activity, the Board would see the application." Q. "The exam would be a non-issue. It would be a credit or. . . ." A. "Exactly right." Q. "So he's basically being penalized for having a previous Collier license?" A. "No,he's not being penalized. He chose not to renew his license and fell into the category that Mr. Morey explained to you earlier. If this had been a full application and he had taken the Business Procedures test and the Trades test, there would be some serious questions about his bankruptcy. He would have to explain in writing why it happened." 8 i 161 2 OctoA8 ber 17,2012 Mr. Ossorio asked the Applicant if his business had been open for many years and the response was, "Yes." He also asked if the bankruptcy was individual Mr. Gucker confirmed the bankruptcy was personal in nature. Mr. Ossorio explained the Board would need to determine if Mr. Gucker's bills were being paid through the company or if his company had any assets that were kept separately. Terry Gucker stated his business had no debt and the only assets were a truck and his tools. Michael Ossorio noted the previous Counsel to the Board had stated a bankruptcy "wiped the slate clean"—it cannot be factored into account—and he noted licenses had been issued to individuals who had bankruptcies that were discharged by the Court. Thomas Lykos stated there was a distinct difference between Mr. Gucker and the previous Respondent in that the previous Respondent left the State of Florida and was working in a different part of the country which was why the license was not renewed, The Respondent chose not to renew his license in Collier County—it was a conscious decision a business decision. The situations were not the same. The Applicant's situation warranted a different thought process because Mr. Gucker chose not to renew in Collier County while he did in Lee County and Cape Coral. There should be more challenges to the process than coming before the Board and requesting to waive everything in order to resume working again. Kyle Lantz stated the exam was the same. If the Respondent never had a license in Collier County but had been licensed elsewhere in Florida, he would be able to appear before the Board and request a waiver. Due to reciprocity with Lee County, he would not be required to re-take the exam—just provide a letter from Lee County. Because the Respondent had a previous license with Collier County, he was "being punished" because he allowed the license to lapse. Michael Ossorio clarified that even with reciprocity, the test score would not be accepted because the Ordinance had changed and the Applicant would be required to take the Business Procedures. Each jurisdiction was different—what is allowed in Orange County is different from what is allowed in Miami-Dade County. The State requires a passing grade of 70%while some counties require a score of 75%to pass. The Board of County Commissioner and the Licensing Board approved imposing a back fee several years ago. Patrick White stated both applicants had made clear choices. One was a personal decision to not renew since she was not in the State of Florida while the other was a business decision. However if there is a point in the future when work becomes available, one must recognize that the back fees will be due. That's the process. 9 A8 16 October 17, 2012 The issue: Which exams existed previously, and what has the applicant been doing in his business practice since his license lapsed. Mr. White asked the applicant to describe the type of bid that had been awarded to his company—was it a local or state government agency or a private contractor. Mr. Gucker confirmed it was for a contractor. He further clarified the company was incorporated and he was vice president while his son was president. He owned 50% of the share of the corporation. Vice Chairman Joslin asked the Applicant to produce a copy of his current licenses in Lee County and Cape Coral. Mr. Gucker stated he submitted his application to Collier County prior to renewing his licenses which is why they were not attached to the application. Thomas Lykos asked for the costs to renew a license. Michael Ossorio stated the fee is $125 and a license is renewed on an annual basis. Q. "How long has his license been null and void." A. "Since January of this year but his back fees would be $185 times two plus the renewal fee of$205." Vice Chairman Joslin asked the Applicant if he was prepared to pay the fees if his application was approved and the response was affirmative. Mr. Ossorio explained the applicant had been advised of all fees and his options in the process, i.e., he could take the exams prior to appearing before the Board. Thomas Lykos suggested including the applicable fees in each packet in the future. Discussion ensued concerning whether the payment of the back fees should be considered as sufficient penalty or if another fee should be imposed. Mr. White observed it was less expensive to renew the license on a yearly basis even if the applicant were not working in Collier County than to let it lapse and then renew. He stated, "It will cost [you]to get back into the game." Vice Chairman Joslin stated assessing an additional penalty was not fair because the individual made a business decision not to renew his license in Collier County while he was not working here. If the license had lapsed for three years or longer, a complete packet should be submitted and the applicant should be required to take the two tests. He further stated there are rules to be followed. The Vice Chairman re-iterated his requirement that the Applicant provide copies of his current licenses from Lee County and Cape Coral to the Board. Kyle Lantz moved to approve granting the application for a Waiver of Examination provided the applicant furnish proof of his current licenses from Lee County and Cape Coral' Second by Patrick White. Motion carried, 6— "Yes"/1— "No." Terry Jerulle was opposed. 10 1612 A8 October 17,2012 C. Jessie Carcamo—Qualify 2"d Entity Michael Ossorio stated Gary Harrison was present to speak on behalf of the Qualifer. Jessie Carcamo stated she was applying to qualify Abbey Carpet of Naples as a Second Entity. She is also the Qualifer of S-R Tile,the marble and tile company begun by her father. She wished to become the Qualifier of Abbey Carpet in order to provide for her family. She is an employee of Abbey Carpet but not an owner. She is also an employee of S-R Tile. She is not the current Qualifier of Abbey Carpet of Naples. Patrick White noted the application was not complete and did not list some of the previous jobs or the names of the previous Qualifiers or the owner of the Abbey Carpet of Naples. Ms. Carcamo stated they had been and are still working for Classic Homes of Naples and Divco on various projects, each with a different completion date. They are larger projects and she stated a complete list with addresses will be provided. She clarified that S-R is a small family-owned company that takes on enough jobs to maintain her family. Abbey Carpet is a larger company with larger contracts. She stated it would not be difficult to oversee the two companies. • S-R Marble and Tile is owned by her family who has worked for many years and has strong ties with Abbey Carpet and has developed a relationship with Abbey Carpet. • There are only a few jobs per month that S-R does for Abbey Carpet. • She can oversee the jobs that S-R Marble& Tile accepts. • She would have time to oversee the Abbey Carpet jobs to ensure that the work is done correctly. Mr. White asked who would pull permits for Abbey. Ms. Carcamo replied she is the only person authorized to pull permits. When questioned about the owners of the company, she stated Phillip Gutierrez is the owner of the corporation, and Gene Presley is the Vice President of Abbey Carpet of Naples. Kyle Lantz: Q. "What is your position at S-R Marble and Tile?" A. "I do all the contracting work, the administrative work, and accounting work as well." Q. "So you sell jobs,pay the bills, and schedule ..." A. "Invoices ...pulls ... yes." Q. "Okay." Vice Chairman Joslin asked Ms. Carcamo if she was compensated by S-R Marble and her response was, "Yes." 11 16 1 2 k8er 17,2012 Kyle Lantz: Q. "How many hours per week do you currently spend working for S-R?" A. "On the administrative work and the accounting,probably 20 and the rest on invoicing, quoting, going to job sites ... about 10 to 15 hours per week." Q. "You are spending about 35 hours per week for S-R and they do just a handful of job. Now you're going to qualify them and Abbey Carpet of Naples. What will your duties be at Abbey Carpet?" A. "Just the contracting work—overseeing all the contracting work." Q. "What does that mean?" A. "Going to job sites to make sure that everything is done correctly, overseeing who is working on each job,making sure that everything is correct for all documents." Q. "How many hours per week do you expect that to take?" A. "At S-R,my father is in the process of obtaining his own license to make my job there a little less so I can dedicate more time to Abbey Carpet." Q. "That didn't answer my question." A. "How many hours?" Q. "Right now you have a 35-hour per week job at S-R and they only do a handful of jobs. Now you're going to go to Abbey Carpet who is a huge fish in the pond and who has more than just"a handful of jobs"—I don't know how many hours you are going to work, but .,,. I understand you're not going to do the payroll ... but if it takes you 20 hours per week to oversee the contracting for a `handful of jobs,' plus you still have the 15 hours of other stuff—will you actually being doing stuff or just acting as a `Qualifier' so that they have a Qualifier? A. "Yes, I will actually be doing ..." Q. "So how many hours a week do you think you will be spending overseeing Abbey Carpet's jobs?" A. "As long as it takes. 20 to 30 hours. I am not married. I don't have children. I can do it." Q. "Okay. Are you looking to qualify Abbey Carpet with all of your licenses or ... A. "Just the Tile and Marble." Q. "... and not with the floor covering?" A. "Not with the floors." Thomas Lykos referred to Question 5-B of the application: "Has the proposed entity been previously qualified? If so, explain why the previous Qualifier is no longer willing to continue to qualify this entity. " The Applicant's answer: "The proposed entity simply wants to make a change because of the working relationship." Q. "Who is the previous Qualifier and why is that relationship being terminated?" A. "His name is Christian Bronson and it's more of a working relationship type of thing." Ted Duglokienski was sworn in. 12 1612 A8 October 17,2012 Thomas Lykos: Q. "Can you please answer the question regarding the current Qualified and why that relationship has been terminated?" A. (Ted Dlugokienski) "Yes. The current Qualified is Chris Bronson but we have a stronger relationship with Sergio and with Jessie. And, for business purposes, just wanted to make the change. Chris has been our Qualifier for 5ive or six years." Q. "What other role does the current Qualifier have in the company?" A. "He does some contracting tile and marble work for us as well—his company does." Q. "So he's another subcontractor who acted as a Qualifier?" A. "Yes." Q. "And you're asking a different subcontractor to now serve as your Qualifer?" A. "Yes." Q. "I just want to understand why there is a change in the Qualifer so the Board know there is not a situation where there is a problem with the business and you're just switching out Qualifiers rather than addressing the problem with the business." A. "Right. While I can't speak for Mr. Bronson's business financially, I am not aware of any financial issue that he has. We certainly don't have any financial issues on our end." Patrick White: Q. "Do you know if Mr. Bronson is aware of this application going forward?" A. "No,he is not aware of the application at this point." Q. "Is there a reason that you can share with us as to why he would not be made aware of it?" A. "He will be made aware of it as soon as we are approved. Obviously, we do not want to put ourselves in a situation where he decides to no longer qualify us .... From our standpoint, we want to make sure that we are always licensed and properly qualified. We are properly qualified under his license and when we move to their license, we will be in a position to have a discussion with him." Q. "Ms. Carcamo, if you were in Mr. Bronson's shoes, what would you recognize as your obligation under that circumstance?" A. (Jessie Carcamo) "If I were to find out that the company I'm qualifying is changing Qualifiers?" Q. (P. White) "Yes, and you were about to be essentially replaced. " A. "Well ..." Q. "What would your obligations be?" A. "First of all, to speak to the company but, in this case, I do understand where they are coming from. I wouldn't personally do it but I would see how another Qualifier might take it to the worst and try to damage the company because, obviously,he will no longer be paid for the work. And I do understand why we would wait until your approval to let him know that he's no longer the Qualifier of the company." 13 161 J A 8 ctober 17,2012 Q. "But as the business entity's Qualifier, what obligation do you have to continue?" A. "To continue working with the company?" Q. "Yes,prior to the new Qualifier coming on." A. "To make sure that the jobs are taken care of, that we disclose information about current jobs to the Qualifier coming in to be able to maintain everything in order and have a smooth transition." Q. "Ted's point was he was concerned about Mr. Bronson quitting on them. My question to you is what is your understanding of you, as a Qualifier, in that same situation ... being able to quit or not." A. "You would have to write a letter to the Board to let them know that you were no longer qualifying the company—that you no longer seek to do that. And once that is approved, you are out which would leave the company without a Qualifer." Ted Duglokienski • "I think what you're saying is, basically, he has an obligation to us even if I did have that conversation with him this morning or yesterday,that he has an obligation—and I would suspect that he does have an obligation—but that doesn't make it any easier." Patrick White: • "The point of the question goes to the degree in which the Applicant knows and understands the rules, and understands how to effectively manage those rules. A close relationship between the two business entities—she will be on both sides of the working relationship and will be faced with any number of these rather unusual sets of circumstances, from my perspective, that most people who qualify two entities are not going to find themselves having to face." Mr. White noted there were two different handwritings that responded to various questions on the application. Can you explain to me whose handwriting it is and why it was done that way since there really is only one Applicant?" Jessie Carcamo replied the second handwriting was Ted. She stated she met with Ted and asked him to complete certain questions. They discussed the answers but she thought those particular questions could be better answered by Ted since he is an officer of Abbey Carpet of Naples. She further stated she was completely aware of his answer to the questions. Ted Duglokienski concurred and further stated they sat in his office on a couple of occasions and worked through the questions. Thomas Lykos stated he had a question regarding the relationship between the two businesses. He stated the usual procedure for someone to qualify a second entity is for businesses that are in similar trades—not for businesses that do business with each other. Q. "What would you do in a situation when there's a dispute between Abbey Carpet of Naples and S-R? How are you going to be able to separate yourself?" 14 161 ,E October 17,2012 Mr. Lykos explained his concern: Ms. Carcamo's answer to Question 5-A ("State the reason that you wish to maintain your present license and qualify the additional license. '9 was to ensure that her family was provided for. He again asked, "What are you going to do when there's a dispute between Abbey and S-R?" Jessie Carcamo: • "I believe in following the law. If there is something concerning technicalities or laws, or the way that work is being done—and we've never had a problem with S-R Marble& Tile at all—because everything has always been done the way it has to be done. Concerning this particular situation—my father contracts and does work independently—apart from Abbey Carpet and he thinks the same as I—that if there were a dispute that S-R would step aside so there would not be a dispute with Abbey Carpet. I would rather keep them separate if it came to that point." She clarified: • "If there was a particular job and there was a problem—I would rather have other workers come in than have a problem where S-R has to be affected by it." Thomas Lykos: Q. "What if there's a dispute involving the quality of the workmanship and payment on a project? You are put in a position where, as a Qualifier for Abbey, you have obligations there. As a Qualifier for your family's business, you have obligations. How you are qualifying an entity, Abbey,that has a financial dispute with your family and your ability to provide for your family is in jeopardy." A. "What would I do?" Q. "Yes." A. "Like I said, following the law. If it was a mistake on the part of S-R Marble& Tile,then I would make sure that it was fixed. If it was a mistake on Abbey Carpet's part,then I would make sure that it was absolutely done correctly if it was the quality of a job. If it involved payment, we have strong ties with Abbey and I would definitely be able to go—they have always done"right"by us—to go and make sure that it's done and paid correctly as well, that payment is received." Patrick White stated he was satisfied that she was not going to be in that aspect of the business as to Abbey. There is a degree of independence and separation with Ted being in charge of finances. I am comfortable with her answer. Thomas Lykos stated he has been a contractor for 30 years. He asked, "How many times has a dispute been black and white?" He further stated his concern was that Ms. Carcamo has not grasped the gravity of the circumstances that may come up. Q. "What happens when there is a dispute between S-R and Abbey? What if a member of your S-R family comes to you and says, `You need to make this right —you need to find a way to fix this, or says, `I can't believe you still work for 15 7 � 1612 October 17,2012 them knowing what they did to us.' It may never happen, but the point is that situation may occur and I want to hear you say that you understand and are prepared to handle that situation." Jessie Carcamo: A. "Sir, absolutely, and as S-R Marble and my father, the owner,knows—I work independently which is why I'm doing this. If I wanted to continue working just with the family,then I would do that. This is to further my career independently in the construction industry. I am seeking to continue qualifying them [S-R]just so that he has a Qualifier in the meantime while he gets his own license—but this is my career and my business and I am going to run it the way that I need to." Thomas Lykos: Q. "Okay, I accept that answer." Patrick White: • "There seems to be a pattern in practice from each of these two business entities that from each end, they are comfortable having the same person as their Qualifier. To me, there is an opportunity for quality and efficiency that benefits the customer to flow down through the contracting process." • "I feel we've asked the right questions and we've gotten to the appropriate types of answers." Terry Jerulle: • "I agree with Mr. White. I don't believe that Page 4 of the application has been filled out fully and correctly." Q. "What will your title be at Abbey Carpet?" A. "Qualifier of the company." Q. "You are not going to have a title?" A. "As an officer—no. And I don't have any percentage of ownership in Abbey Carpet." Q. "So you are basically just a license for hire?" A. "I will be working with them. I would be involved in the jobs." Q. (Thomas Lykos) "Will you be an employee of the business?" A. (Ted Duglokienski) "She will not be on the payroll." Terry Jerulle: "Question 5-J states, "You will be paid by the business you are applying to qualify as a monthly fee." Ted Dlugokienski: "Right." Mr. Jerulle: "A license to hire." Jessie Carcamo: "I don't understand what you mean when you say that." Mr. Jerulle: "You have a license and you are basically getting a fee to qualify a company." Ms. Carcamo: "But I am working—I will make sure that the job is getting done." 16 161 2 A8 October 17,2012 Mr. Jerulle: "But you don't have a title from the company?" Ms. Carcamo: "Titles are given to officers, sir. I am not an officer of the company." Vice Chairman Joslin: "And you have no interest in the company then, either?" Jessie Carcamo: "No ownership." Ted Duglokienski: "She has no ownership in the company." Thomas Lykos: "Titles are also given to employees. You do not have to be an officer to have a title." Jessie Carcamo: "Okay—we can make up a title—Supervisor." Terry Jerulle: "The reason why I am asking is and what I want to make sure you understand is that, as a Qualifier,there are certain responsibilities ... We have had people come before the Board who, as a Qualifier, had left a company because the Qualifier had no control over what the company was doing." Jessie Carcamo: "In what sense? In the contracting work or in accounting?" Mr.Jerulle: "In the permitting side of it. I'm trying to understand if you are going to have any control over what Abbey Carpet does with your license." Ms. Carcamo: "I am not going to have any control over what they do with my license?" Mr. Jerulle: "That is what I am asking." Ms. Carcamo: "I will absolutely have control over what they do with my license. I am not going to allow my license to be used for ..." Mr. Jerulle: "And how are you going to stop that? How will you know that?" Ms. Carcamo: "I have to oversee the work—the same way I do for S-R." Mr. Jerulle: "What if Ted sends a crew to a job site that requires a permit but he send them there without pulling a permit—how will you handle that?" Ms. Carcamo: "First of all, no one can pull permits without my approval." Ted Duglokienski: "You're saying that I just sent them out there without ...?" Mr.Jerulle: "She's the Qualifier of the company. Ted is the owner of the company for argument's sake ... Ted Duglokienski: "Right" Mr.Jerulle: "... Ted sent a crew out to a house to do tile—didn't pull the permit and that house needs to have a permit—what are your ramifications? What can you do about that? Since you have no ownership in the company—no title in the company—I'm just trying to get an understanding. In a sense, he's putting your license in jeopardy. Ms. Carcamo: "Okay." Mr.Jerulle: "I don't know if you understand that. What are you going to do about it if he does do that? Or what can you do about it? What is the relationship going to be?" Ms. Carcamo: "Well, I have open communication with them, absolutely. That's just how it's always been, so I would definitely ... immediately ... first of all, I don't expect that to happen. But I would immediately go and ..." 17 1612A8 October 17, 2012 Mr. Jerulle: "Nobody does ... nobody does. It's simply because he doesn't want to pay the cost of the permit and sends a crew out there to make some extra money. You may not even know about it at first." Ted Duglokienski: "I would suspect when she finds out that's when she would step up and say, `It can't happen.' Again, knowing that it won't happen—but if something like that did happen ..." Mr. Jerulle: "We had a case here with an HVAC company just recently where, basically, we took the guy's license away because of what the company was doing." Ted Duglokienski: "And, I guess, ultimately that would be her responsibility to come back to you, all and ..." Ms. Carcamo: "Alert ... " Ted Duglokienski: "Alert you and then you take that position with us and pull our ..." Mr. Jerulle: "Basically, it's just a license for hire ... in a sense. She has no responsibility in Abbey Carpet. She has no say in Abbey Carpet. She has no ownership in Abbey Carpet." Ms. Carcamo: "Sir, I think that anyone who is qualifying a company and would have zero percent ownership that they would be able to find themselves in that position. Anyone, if their owner decides to go and send work to be done without them being aware of it. It's just a matter of that person, once finding out,putting a stop to it immediately and alerting you guys that that is going on." Ted Duglokienski: "I mean, she will still be the `police' if you will ... " Ms. Carcamo: "Yeah ... and overseeing ...." Mr. Jerulle: "But you're still ... you still have the opportunity to jeopardize her license." Ted Duglokienski: "I certainly have the ability to do that I guess ... if I have the license personally as an employee and the Vice President, I still have no ownership in Abbey Carpet of Naples. It's certainly,hypothetically, in the realm of possibility that the owner of the company or another officer in the company could send Crew "X," "Y,"or"Z"out and I'm in the same position—even though I'm an employee and an officer, that I would have to, basically, stop them." Terry Jerulle asked Attorney Morey to read the Code concerning qualifying a second entity. Thomas Lykos asked the Board's Counsel to also review the Ordinance for references to the phrase, "selling your license"or"renting your license." Patrick White: "I think it's fair to say that, in a business sense, every Qualifier in the marketplace is `selling' their license. And I understand that we're drilling down on what those differences are but I just don't want the basis to be focused on the idea that it's a `license for hire' because if your license wasn't for hire and you weren't getting paid, nobody would do it anyway. This isn't an altruistic non-profit—this is a business entity. And everybody is there just to try to make a living." Terry Jerulle: "And my point to Ms. Carcamo is—I'm not sure she fully under- stands what she is ... the responsibility she is giving Abbey Carpet and how it can damage her in the future. I'm more concerned with her and her license." 18 161 2 113 October 17,2012 Jessie Carcamo: "I understand, sir. I understand what's at risk. Why not?" Attorney James Morey reviewed the following definitions for the Board: • Primary Qualibiing Agent: A person who possesses the requisite skill, knowledge and experience and has the responsibility to supervise, direct, manage and control the contracting activities of the business or organization with which he/she is connected; who has the responsibility to supervise, direct, manage and control the construction activities on a job for which he/she has obtained a building permit and for financial matters—both for the organization in general and for each specific job; and whose technical and personal qualifications have been determined by investigation or examination as provided in the Code and a vetted by the Department. Vice Chairman Joslin: "That clarifies what Mr. Jerulle was getting at and I concur with him also. There's a lot of`window' open here for you to be in some serious trouble. I'm not saying that it would happen. I'm not saying that it could or should. But we're talking about control of a business and we're talking about the financial responsibility that you could have—it could back to haunt you." Vice Chairman Joslin directed his question to Mr. Duglokienski: Q. "Back in July, 2010, there was a tax lien filed against Abbey Carpet. I know it's been released. Can you explain why?" A. "Actually, it was a sales tax. It was a sales tax payment that went in but was never cashed. We didn't catch it and as soon as we were notified, we paid it." When again questioned as to how she "would go"in a dispute between Abbey Carpet and S-T Tile, Jessie Carcamo stated she would support whomever was right in the eyes of the law. Michael Ossorio reminded the Board that there are policies and procedures for Second Entities. He stated Ms. Carcamo has demonstrated that she will follow the Ordinance with respect to any misconduct. The County recognizes that there are many Qualifiers who are not part of the company they are qualifying which is why the company must sign the Letter of Authorization that was approved by the Contractors' Licensing Board. He further stated Mr. Bronson was in the same situation five years earlier. Mr. Bronson did not own any part of the company and was a subcontractor to Abbey Carpet. He continued the County had not received any complaints concerning Abbey Carpet or Mr. Bronson. Thomas Lykos stated he still had reservations but the Board was directed by the Ordinance. He asked Attorney Morey to read the section concerning approving a Second Entity. 19 16 12 A8 October 17,2012 Michael Ossorio stated the Board could issue the Certificate based on the full application. State changed the Statutes recently to allow a State-certified General Contractor to qualify more than two companies. The process is to complete and submit an application which is sent to a Licensing Board for investigation—a full hearing. The application for a Second Entity goes through the full application process. Vice Chairman Joslin stated the point of his comments was to ascertain that Ms. Carcoma was fully aware of what she was taking on as the Qualifer. Jessie Carcoma reiterated that she understood. Thomas Lykos stated he wanted the section of the Ordinance read into the record before the Board voted. If the decision were ever challenged,the language of the Ordinance would be on the record. Attorney Morey referenced Section 22-165, "The Contractors' Licensing Board," (c) "Duties and Power," (1) Upon reference by The Contractor Licensing Supervisor or petition by an applicant, the Board shall have the power to determine the qualifications of applicants for the various categories of Contractors' Certificates of Competency as measured by standards stated in this Article. He continued the application had been sent to the Board by the Contractor Licensing Supervisor. Mr. Lykos noted there was no checklist to go through to decide whether or not to approve—it's basically a"housekeeping" step. Patrick White asked for an explanation of why the business checking account had been depleted by almost$200,000 in the past few months. Ted Duglokienski responded the figures would fluctuate anywhere from $50,000 to $500,00 depending on the time of the year as was the nature of the business. Attorney Morey provided referred the Board to Section 22-182 of the Code entitled "Applications—General." Under(c)—"Business Organizations:" If the applicant proposes to engage in contracting as a partnership, corporation, business trust or other legal entity, the applicant shall apply through a qualifying agent and comply with the requirements and responsibilities contained in F.S. 489-119 and 289-1195. " He stated the County's application tracks the information set out in Florida Statutes. • The Board has the jurisdiction, • The information is to be submitted to the Board by the applicant, • The decision is to be made by the Board. 2 0 1612 48 October 17,2012 Kyle Lantz stated he also had serious reservations and further stated that a Qualifer should be an integral part of the company—actively involved in it. His concern was that Ms. Carcoma did not know enough about the operations of Abbey Carpet to be able to oversee the business. While Ms. Carcoma may have the best of intentions, he was not certain that she would be able to do a good job. He continued since Abbey Carpet has been in business for many years, any one of its officers could probably take the test and obtain a license. To obtain his vote of approval, Mr. Lantz stated he would like to see that Ms. Carcoma actually did something or would have the power to do something. He stated when he read the application, his first thought was "license for hire." He stated he was not convinced that she had either the power or knowledge of the business operated. Vice Chairman Joslin reminded the Board Members it was not within their prevue to advise an applicant on how to run a business. Patrick White asked Gary Harrison to testify. Gary Harrison introduced himself to the Board as the former Building Official and Chief Structural Inspector for Collier County. He stated he has had a relationship with Sergio and Jessie over past few years; has had tile work done, and has seen their workmanship which he classified as "impeccable." Mr. White asked Mr. Harrison if he had any relevant comment on the discussion and the opinions of the various Board members. Mr. Harrison stated he met with Sergio and Jessie and explained the responsibilities entailed and the Building Code issues. He further stated that Jessie understood. He concluded if she was willing to accept her responsibilities and knew the limits imposed by the law, there was no reason not to approve the application. Mr. White asked Mr. Harrison to explain his degree of comfort based upon his knowledge of Ms. Carcoma's work experience and her ability to supervise a tile and marble job. Mr. Harrison replied Ms. Carcoma is qualified and passed the exams as required. He reiterated that S-R is very qualified and the work produce has been the best in the area. He stated the work that S-R have done for him have been"very good" and he is "pretty fussy." He has also had business with Abbey Carpet which he classified as "very good." Vice Chairman Joslin called for a motion. Kyle Lantz moved to not accept or approve the application to qualify a Second Entity. Since a second in support was not offered,the Motion failed. Vice Chairman Joslin called for a second motion. Patrick White moved to approve the application to qualify a Second Entity. Second by Michael Boyd. 21 ‘.41 1612 ti (4 October 17,2012 Discussion: Terry Jerulle stated he was "still bothered"—he could only vote against an application for a Second Entity if the document had not been completed correctly. He reiterated his concern that the Applicant may not understand the gravity of the situation—"what she is getting herself into." He continued Abbey Carpet would have control over her life and there was no agreement to verify that she had some control over her own destiny. He suggested she consult legal counsel. Thomas Lykos stated that"under the law"the Board could not find a reason to NOT approve the application. His concerns were that she was not an employee of Abbey Carpet. He did not feel that she would be able to "supervise, manage and control"without being an employee at the very least. Additionally, she was applying to qualify one company that was a subcontractor of the other company. Vice Chairman Joslin stated he would not do what the Applicant is attempting. Vice Chairman Joslin called for a vote on the Motion. Motion carried, 6— "Yes"/1— "No." Kyle Lantz was oppose-L Michael Ossorio requested the Board hear Item VTIT (A) under"Public Hearings" to consider dismissing the Administrative Complaint against"Olde Naples Tile & Marble, LLC." He stated the case had been withdrawn by both parties. Patrick White reiterated that Staff has requested the Board hear Item VIII(A) out of Agenda order and consider withdrawing the item from the Agenda. Mr. Ossorio concurred. He stated since the Agenda had been approved, the Item can only be withdrawn with Board approval. Mr. White asked if the County was no longer proceeding with a disciplinary action against the Respondent. Assistant County Attorney Jeff Wright replied that a dismissal was in process. He noted the Respondent's attorney was present. The terms of the settlement were to be agreed upon by the parties and reduced to writing. He continued the Respondent agreed to pay an amount in restitution and the County would dismiss the Administrative Complaint upon receipt of such funds from the Respondent. The Respondent specified that it is not admitting any liability with respect to the alleged violations. Vice Chairman Joslin asked if the parties had reached an agreement and would enter into a Stipulation. Assistant County Attorney White confirmed. Vice Chairman Joslin suggested the Item VIII (A) should be "tabled"until the next meeting. He did not want to dismiss it without knowing the terms of the agreement. Attorney Morey noted a Motion for Continuance was pending which the Board could grant. Attorney Basil Baine appeared on behalf of Karin Sacacian and"Olde Naples Tile and Marble." He stated a Motion for Continuance had been filed and, after discussions with Mr. Wright as Counsel for the County, a resolution of the matter has been reached. 22 161248 October 17, 2012 He further stated `for the record"that there was no admission of liability or any type of wrong-doing on the part of the Respondent. Patrick White noted the Board had been asked to consider a"late filed"Motion for Continuance. He continued if the Board granted the Motion and the case is resolved, it would not appear on next month's Agenda. Assistant County Attorney Wright stated`for the record"that the Respondent had agreed to resolve the case and the terms of the agreement would be memorialized. He was reluctant to agree to a Continuance, not because it was filed late, but because the victims were present and had flown here from out of the country. He did not want to inconvenience them by requesting that they return again—he wanted a resolution for them. He confirmed the Respondent agreed to pay restitution and the County agreed to dismiss the Complaint. He stated a Continuance would not provide any closure for the victims. Mr. White countered that Staff's request to withdraw the item from the Agenda would also not provide any closure. He noted the Board would not reconvene again until December. Mr. Wright pointed out if the Complaint were withdrawn, the County would still maintain the option to re-file the case. He stated the victims could not return to the U.S. until April. He further stated they are key witnesses for the case. He concluded by stating the County wanted to withdraw the case from the Agenda to work out a settlement but would bring it back before the Board if necessary in the future. Mr. Bain stated he filed a Motion for Continuance on behalf of his client which stated the reasons for the request. Mr. White noted the Board had not been advised of the Motion and had not seen the document. He explained Staff had requested to withdrawn the item from the Agenda. Attorney Bain stated his client did not object to the request to withdraw the Motion based upon the understanding that a resolution was in process. He anticipated a final Dismissal of the Complaint. Michael Ossorio stated the County had no objection to withdrawing the item from the Agenda while retaining the ability to re-file if necessary at a later date. He stated since the Exhibits had not been placed into evidence, details could not be provided to the Board. Thomas Lykos stated the Board's goal is to bring contractors into compliance and when the Board can have an impact on restitution, it tries to do so. But that does not eliminate or mitigate the fact that a violation had occurred. Patrick White explained a violation had only been"alleged"and Mr. Bain's position is that it was not warranted. The County has had discussion outside of the Boards' hearing and has requested to withdraw. Vice Chairman Joslin stated the only action required by the Board was a Motion to remove the Item from the Agenda. Patrick White moved to approve amend the Agenda and remove Item VIII(A), under "Public Hearings,"i.e., Case#2012-11:Karin Sacacian, d/b/a "Olde Naples Tile& Marble,LLC,"from the Agenda. Second by Kyle Lantz. Carried unanimously, 7—0. 23 • 1612 ti October 17,2012 BREAK: 11:15 AM RECONVENED: 11:30 AM VI. NEW BUSINESS: (Continued) E. Claudio Ferretti-Waiver of Examination(s) - Stucco Contractor license Vice Chairman Joslin noted the case was being heard out of order because Mr. Ferretti had an appointment in Port Charlotte. Mr. Ferretti stated: • The work situation is improving and he would like to be able to spend more time in sales, estimating, and overseeing the work. • He is aware of the fees and back fees that must be paid. • He has been licensed in Collier County during 2009—2010. • He is also licensed in Lee County, Sarasota, and Charlotte County. • He was also licensed in Lakeland. Thomas Lykos asked Mr. Ferretti if his licenses were active in the other Counties and his response was, "Yes." Mr. Ferretti stated due to a lack of work in Collier County, he allowed his license to lapse. He stated he had remained active in Charlotte County, in Sarasota and in Lee County. Patrick White asked if the licenses had been renewed and were current. Mr. Ferretti replied that they were current. Michael Ossorio stated: • Mr. Ferretti had taken and passed the Business Procedures Test and the Stucco Exam as required, • Mr. Ferretti's personal credit scores were "better than most," • There were no problems noted on his business credit report, • He has taken some courses in scaffolding, and • The County has no objection to approving his application for a Waiver of Examination. Kyle Lantz moved to approve the application of Claudio Ferretti for a Waiver of Examination of the Trade exam and Business Procedures test Second by Terry Jerulle. Carried unanimously, 7—0. D. Geraldo Martinez—Waiver of Examination(s) Michael Ossorio stated: • Mr. Martinez took the Tile and Marble exam in 2005. His score was 76. • He also took the Business Procedures test in 2005 and his score was 80. 24 A 8 16 �Ocer 17 2012 • His license expired on September 30, 2010. Mr. Martinez stated he allowed his license to lapse because he had been considering quitting the business entirely due to the recession in the economy. He admitted he made a bad decision. Michael Ossorio asked Mr. Martinez to explain if he kept operating his tile and marble business without a license or if he worked for someone else since 2010. Mr. Martinez explained he has been working as an employee for a company that does primarily mold remediation, demolition, and construction. He stated a lot of work was done "in house" (such as tile work or anything with flooring) which he would do because he had a specialty license. He stated he has not done any "research"other than reading materials on the new products that are available. Some of his responsibilities include purchasing,job estimating, he attends meetings, i.e.,pre-bid construction, and he researched the different products that were being used to ensure they met Code requirements and were properly applied or installed. He was responsible for overseeing a job site for quality control. He stated he did have Workers' Compensation insurance but it is not current—the company leases its employees. Mr. Ossorio noted Mr. Martinez had closed his business but now wishes to come back into the industry. He stated the issue is can Mr. Martinez continue in business without taking the Business Procedures Test. Patrick White stated he understood the County's concern. He concurred that Mr. Martinez made the best decision he could at the time although it may cost him more money now. He may not have been financially able to pay the renewal fees in 2010. Thomas Lykos noted the applicant had earned a license and actually did the work. Thomas Lykos moved to approve granting the Application of Geraldo Martinez for a Waiver of Examination of the Trades test and the Business Procedures exam. Second by Kyle Lantz. Carried unanimously, 7—0. VII. OLD BUSINESS: A. Orders of the Board Patrick White moved to approve authorizing the Vice Chairman to sign the Orders of the Board. Second by Kyle Lantz. Carried unanimously, 7—0. VIII. PUBLIC HEARINGS: A. Case#2012-11: Karin Sacacian, d/b/a "Olde Naples Tile& Marble, LLC." (Note: This case was removed from the Agenda per unanimous motion of the Board.) 25 A8 16 I 2october 17, 2012 IX. REPORTS: • Michael Ossorio stated the renewal season was successful—approximately 1800 local contractors renewed their licenses. He stated it was the best year since he has been in charge of renewals. He complimented the Staff and the County's "City View"computer program. • He further stated a report was in process which would detail the percentage of renewals from 2011 vs. 2012. He will supply a copy of the report to the Board as soon as it is available. X. MEMBER COMMENTS: • Thomas Lykos asked when the Budget for the Licensing Department would be available for review. Mr. Ossorio replied the raw data would be available for distribution. • Mr. Ossorio confirmed a press release had been distributed on October 15`" concerning the opening on the Board. He stated the new applicant will fill the position of"consumer." XI. NEXT MEETING DATE: Wednesday, December 19, 2012 Board of County Commissioners' Chambers, 3rd Floor—Administrative Building"F," Government Complex, 3301 E. 'famiami 'frail, Naples, FL 34112 There being no further business for the good of the County, the meeting was adjourned by the order of the Vice Chairman at 12:00 PM. COLLIER COUNTY CONTRACTORS LICENSING BOARD Alic( Richard Joslin, iV ce Chairman The Minutes were approved by the Board/Chairman on , 2012, "as submitted" ( ] OR "as amended" ( 1. 26 161 24 9 November 7, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMIT t� 1 Naples, Florida, November 7, 2012 JAN 0 2 012 0 LET IT BE REMEMBERED, the Collier County Development Services Adv Rfy.....•••••••••• Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Division Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: David Dunnavant Fiala James E. Boughton Hiller Dalas Disney Henning Chris Mitchell Coyle Robert Mulhere F,-ote#ta ..�� Mario Valle Laura Spurgeon DeJohn George H. Hermanson Misc.Comes: Ron Waldrop Date: �i 13 Stan Chrzanowski Norm Gentry Item#: 1 LITZ .344,9 Excused: Blair Foley Copies to: Absent: Marco Espinar Clay Brooker ALSO PRESENT: Nick Casalanguida, Administrator, Growth Management Division Jamie French, Director, Operations & Regulatory Management Judy Puig, Operations Analyst, Staff Liaison Jay Ahmad, Director, Transportation Engineering Reed Jarvi, Manager, Transportation Planning Nathan Beals, Project Manager, Public Utilities Tom Chmelik, Planning and Project Man., Public Utilities Caroline Cilek, M.S., Senior Planner, LDC Coordinator Jack McKenna, County Engineer Amy Patterson, Impact Fee Manager Joe Bellone, Utility Billing and Cust. Serv. Man., Public Utilities 1 1612 '1:9 Novem er 7, 2012 I. Call to Order- Chairman Chairman Varian called the meeting to order at 3:04pm II. Approval of Agenda Mr. Chrzanowski moved to approve the Agenda. Second by Mr. Dunnavant. Carried unanimously 8- 0. Ms. DeJohn arrived at 3:05pm III. Approval of Minutes from October 3, 2012 Meeting Mr. Disney moved to approve the minutes of the October 3, 2012 meeting as presented. Second by Mr. Mulhere. Carried unanimously 9- 0. IV. Welcome New Committee Member—Norm Gentry Norm Gentry was welcomed as a new member of the Committee. V. DSAC Position Vacancies Review & Vote Judy Puig reported Mr. Robert J. Mulhere, Mr. William J. Varian, Ms. Eleanor W. Taft, Mr. Dalas Disney and Mr. Dave Dunnavant have submitted applications to fill the 5 vacancies on the Committee. The Board of County Commissioners is seeking a recommendation from the Committee on appointments to fill the vacancies. Mr. Dunnavant moved to recommend the Board of County Commissioners appoint Robert Mulhere to the Development Services Advisory Committee. Second by Mr. Disney. Carried unanimously 8—0. Mr. Mulhere abstained. Mr. Mulhere moved to recommend the Board of County Commissioners appoint William Varian to the Development Services Advisory Committee. Second by Mr. Mitchell. Carried unanimously 8 —0. Mr. Varian abstained. Mr. Mulhere moved to recommend the Board of County Commissioners appoint Dalas Disney to the Development Services Advisory Committee. Second by Mr. Dunnavant. Carried unanimously 8—0. Mr. Disney abstained. Mr. Disney moved to recommend the Board of County Commissioners appoint David Dunnavant to the Development Services Advisory Committee. Second by Mr. Mulhere. Carried unanimously 8 —0. Mr. Dunnavant abstained. Mr. Mulhere moved to recommend the Board of County Commissioners appoint Eleanor Taft to the Development Services Advisory Committee. Second by Mr. Disney. Carried unanimously 9—0. VI. Public Speakers Bob Krasowski addressed the Committee and requested, given the expertise of members on the Committee, they consider providing a recommendation to the Board of County Commissioners on the scope of work proposed in the next major beach renourishment project. He submitted a 2 1612 2 9 November 7, 2012 memo titled"To: The Members of the Development Services Advisory Board" (Committee) dated November 7, 2012 outlining his position, including concerns on the work proposed to encroach on the beginning and end of turtle nesting season. Mr. Valle arrived at 3:10pm Mr. Hermanson arrived at 3:14pm VII. Staff Announcements/Updates A. Public Utilities Division Update— [Nathan Beals or Tom Chmelik] Nathan Beals and Tom Chmelik reported: • There were 45 meters installed in September and 85 installed in October. • The "meter study" is ongoing. Joe Bellone and Amy Paterson were present and reported a rate study is being undertaken by Staff and outside consultants. They requested a Subcommittee be formed (after January 1, 2013)to assist in the study. Mr. Boughton arrived at 3:16pm B. Fire Review Update— [Ed Riley] Ed Riley,Fire Code Official was not present but submitted the documents "Office of the Fire Code Official—Summary of Plan Review Activity—September- 12" and "Fire Plan Review— Time Frame Summary-September- 12" for information purposes. C. Growth Management Division/Transportation Engineering— [Jay Ahmad or Reed Jarvi] Reed Jarvi was present and reported: • Oil Well Road Improvement Project—completed. • Davis Boulevard/Collier Boulevard Improvement Project- continuing ahead of schedule with completion slated for July 2013. • Corridor Protection Plan— On hold. • Master Mobility Plan—Staff/Consultants continue to develop the Plan including meeting with Stakeholders. • Long Range Transportation Plan—A meeting with the Metropolitan Planning Organization for consideration of final approval of the Plan will be scheduled over the next two months . • Sidewalk and Bike Lane Improvements—A prioritized list has been developed for the improvements. The Committee requested Staff to provide a copy of the Sidewalk and Bike Improvement Priority List to them for information purposes. D. Growth Management Division/Planning& Regulation Update— [Jamie French] Jamie French submitted the "October 12 Monthly Statistics"which outlined building plan review activities. 3 161 ?vember 7, 2012 VIII. New Business A. Florida Building Code Improvements [Nick Casalanguida] Commissioner Henning reported considerations are underway for developing a plan to recommend the Florida Building Code be streamlined. He sought Committees input on the concept. Committee discussions occurred noting it would be advantageous to streamline the process for approvals required under the Code. It was noted • The Florida Building Code incorporates the International Building Codes with additional "modifications" for Florida. • This makes the process difficult as most States and Countries utilize the International Building Code with satisfactory results. Mr. Mulhere moved to support the concept of streamlining the processes involved under the Florida Building Code, including but not limited to utilizing the International Building Code and ceasing modifications to it with Florida specific requirements. Second by Mr. Valle. Carried unanimously 12- 0. Electronic Plan Review Staff reported the process to implement electronic plan review continues. The system has been tested extensively on the "County end." Staff is conducting an"outreach"to see if any consultants would be interested in submitting"test applications"to determine how the system is functioning before it goes "live." Any interested parties should contact Staff. City View portal improvements Staff reported" in-house" improvements to the Cityview portal are underway. The County continues to undertake the steps necessary to engage outside consultants to complete the improvements required on their end. B. Fire Inter-local agreement Nick Casalanguida] Nick Casalanguida,Bill Sylvester, and Sal D'Angelo reported meetings between the County and the Fire Districts are ongoing for the purpose of reviewing procedures involved in building plan reviews and related inspections. They reported the process has been positive including improved communications between both parties. Progress has been made, however the process has not yet reached a conclusion. Given the upcoming deadline to report back to the Board of County Commissioners,they sought Committee direction on if the process should continue? Under Committee discussions it was noted the main concern is improving consistency within the Fire Districts/County on plan reviews and related inspections. In addition,the need to decrease the time required to complete the permit process. The process should be as economically and time efficient as possible for both the (public and private). 4 _ 1612 ' fi November 7, 2012 They noted consideration should be given to modifying the Inter-local Agreement, as necessary to improve service in theses areas. Mr. Waldrop moved to recommend to the Board of County Commissioners, the County and Fire Districts continue the ongoing dialogue in the area of permit review and inspections and investigate the feasibility of modifying the related Inter-local Agreement to facilitate meeting the goal of streamlining the process. Second by Ms. DeJohn. Carried unanimously 12—0. Mr. Casalanguida requested a Committee member attend the Board of County Commissioner meeting when the item is placed on an agenda for their review. Streamlined permit reviews Jamie French reported a process has been implemented for streamlining reviews of certain permit applications (i.e. single trade permits). The process would allow"at the counter" or "in the field"reviews if certain contractor certifications are obtained by Staff C. Emergency Management Plan [Jamie French] Mr. French and Jim vonRinteln provided an update on the plan reporting: • The County will be utilizing a platform to enhance the assessment of post storm damage. • The module may be used by County Staff or others and to facilitate County responsibilities for collection and distribution of the required data to be reported to FEMA for processing disbursements for storm damage claims. • The contract will be for a term of 18 -24 months at approximately $40,000 with $20,000 allocated from the General Fund and $10,000 from the Solid Waste Division. The expenditure requires approval by the Board of County Commissioners. D. Engineering Inspections [Jamie French] Mr. French reported Staff met with Mr. Chrzanowski and they will return with a report on the plan to assess fees for reviews. The current concept is to collect 100 percent of the fee at the time of the pre construction meeting, unless no meeting is required,then they will be required to be paid at the time of submittal. He updated the Committee on the use of an outside vendor to assist in Engineering Inspections: He reported: • The service is utilized during period of high demand. • The company under contract to provide the service is NOVA Consulting, Inc. • The services received in 2012 exceeded the contract by approximately $2,375, • The costs are paid by private enterprise funds, however the expenditure of the additional funds require approval by the Board of County Commissioners. • For FY13, $150,000 has been budgeted, but $2,375 will be paid for services performed in FY12. 5 1612 A9 November 7, 2012 He requested a recommendation from the Committee on the proposed expenditure. Mr. Mulhere moved to recommend the Board of County Commissioners approve a Fiscal Year 2013 expenditure of$150,000 for outside assistance in Engineering Inspections. Second by Mr. Hermanson. Carried unanimously 12—0. E. Requesting members to serve on an LDR subcommittee to review the Administrative Code [Caroline Cilek] Ms. Cilek requested the Committee develop a Subcommittee to assist in reviewing the Administrative Code (the Code describes the permitting and notification procedures, identifies who is eligible to file an application, describes the agencies and officials involved in the review process and references the sections of the LDC that establish specific criteria and standards for the review). The Committee noted Mr. Mulhere and Mr. Brooker should be considered to complete the task. IX. Old Business None X. Committee Member Comments None XI. Adjourn Next Meeting Dates December 5,2012 GMD Conference Room 610—3:00 pm January 9,2012 GMD Conference Room 610—3:00 pm There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 4:45 PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman, William Varian 6 16L249 November 7, 2012 1, These Minutes re approved by the Board/Chairman on _ i 2-V Jul 1 Z, as presented , or as amended . 7 161 2 AIO October 3, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL vumnsinsin Naples, Florida, October 3, 2012 Nil LET IT BE REMEMBERED, the Collier County Environmental Advisory Us Council, in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at Administrative Building "F," 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: VICE CHAIRMAN: Andrew Dickman Michael V. Sorrell Brian Doyle Gary McNally (Vacancy) Fiala T4/ Hen n Coyl. ALSO PRESENT: Heidi Ashton-Cicko, Assistant County Attorney Summer Araque, Sr. Environmentalist Specialist Jerry Kurtz, Stormwater and Environmental Planning Manager Chris D' Arco, Principal Environmental Specialist Chris Curry, Executive Director, Naples Airport Authority Misc.Corres: Date: `i I 1 Ira Item#:1taz2Ara 1 Copies to: 161 October 3, 2012 I. Call to Order Mr. Dickman called the meeting to order at 9:08AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. McNally moved to approve the Agenda. Second by Mr. Sorrell. Carried unanimously 4— 0. IV. Approval of the September 5,2012 meeting minutes Mr. McNally moved to approve the minutes of the September 5, 2012 meeting. Second by Mr. Sorrell. Carried unanimously 4—0. V. Upcoming Environmental Advisory Council Absences None VI. Land Use Petitions None VII. New Business A. Election of Chair and Vice-Chair Mr. Sorrell moved to appoint Andrew Dickman as Chairman and Gary McNally as Vice Chairman of the Environmental Advisory Council. Second by Mr. Doyle. Carried unanimously 4—0. Mr. Dickman reported he will be instituting a 3 minute limit on public speaker comments. If the subject matter warrants, at the Chairman's discretion, additional time may be granted. VIII. Old Business A. Marco Island Executive Airport Expansion Special Treatment Permit- Update ST— PL-2012-0900 Chris Curry, Executive Director, Collier County Airport Authority reported: • Based on the Council's direction, representatives of the 8 signatories for the 2001 Memorandum of Understanding were contacted. • An onsite meeting with all interested parties was held on July 16, 2012 and it was determined a Conservation Easement was not necessary and the requirements for the Vegetative Management Plan had been met. He stated, based on these facts, the Authority has satisfied the requirements of the EAC recommended approval of the Airport Expansion Special Treatment Permit. Speakers 2 1612 AlO October 3, 2012 Nicole Johnson, Conservancy of Southwest Florida addressed the Council and reported, following a site visit it was determined there were not sufficient lands available to be set aside for conservation deeming establishment of a Conservation Easement unnecessary. Brad Cornell,Audubon Society of Florida reported the requirements for the Vegetative Management Plan have been satisfied. He recommended the County develop a"GIS mapping layer" depicting any warranted agreements, conservation easements, etc. so a party may quickly determine if a property is subject to any Local, State or Federal or restrictions. This may prevent parties from discovering the information"after the fact"and alleviate issues such as the one regarding the Authority discussed today. Mr. Dickman reported the concept could be taken up by the Environmental Advisory Council Subcommittee. B. Update on Implementation of the Watershed Management Plan Initiatives Jerry Kurtz, Stormwater and Environmental Planning Manager submitted a Memorandum to the Council dated September 24, 2012—"Subject: Update on Implementation" and presented a Slideshow on the 6 non structural initiatives currently in process. Staff continues to pursue the following: 1. Fertilizer Ordinance Implementation of a public education component on the Ordinance targeting vendors and the general public including a notification with County tax bills, postings at retail establishments, radio, and newspaper advertisements, "YouTube"promotions, etc. 2. Low Impact Development (LID) Development of LID standards to be utilized for design of existing and proposed land uses. Mr. Dickman reported this may be the next subject the Subcommittee undertakes. 3. Floodplain Management Completing an analysis quantifying the affects of the recently amended FEMA regulations on County land uses. 4. Flood Protection Levels of Service Development of design standards for area roadways based on the different projected storm levels and the affects on a particular roadway 5. Water Quality Monitoring Evaluating current programs to identify any necessary additional surface and ground water monitoring stations and any coordination that may be achieved with the United States Geological Service, Florida Department of Environmental Protection, and South Florida Water Management District in these areas. 6. North Golden Gate Estates (NGGE) 3 i 1612 A 1 0 October 3, 2012 Undertaking a conceptual study of the area in conjunction with public outreach and vetting with the intent to develop future recommendations for projects impacted by floodplain management. The Council requested Staff to provide a future explanation on the following elements of the Fertilizer Ordinance: 1. The definition of"saturated." 2. The rationale for allowing the application of fertilizers within 3 feet of a water body or wetland with a drop type or reflective spreader. Speaker Marcia Cravens, Sierra Club expressed concern the population projection data being used in the Plan is inaccurate and may cause skewed conclusions or recommendations. All reports should be updated to reflect the current census data. The various analyses in the study do not consider the impacts of"reuse"water in landscaped areas. Staff reported the population projections utilized have been confirmed by various sources, and the County is aware of the nutrient loading in reuse water. Parties utilizing these sources of water have been notified on the issue so fertilizer applications may be adjusted as necessary. They continue to refine nutrient loading impacts on areas subject to man made improvements and natural sources (lightning strikes,rain water, etc.). IX. Council Member Comments A. Subcommittee Report-Approval of Stormwater Management memo Mr. Dickman submitted a Transmittal Memorandum"RE: Stormwater Management" for consideration. He reported the document was a result of the work completed by the Subcommittee and intended to be forwarded to the Collier County Planning Commission and Board of County Commissioners. He provided an overview of the work completed and identified the following 6 recommendations: 1. Prepare a Collier County Low Impact Development Manual and then adopt Land Development Codes to implement innovative, cost neutral, onsite stormwater management. 2. Require onsite stormwater management, such as retention areas,for new construction in older subdivisions without treatment systems, rather than spending public funds on expensive swales and canals. 3. Adopt and implement growth management strategies, including incentives to direct new development into existing urban areas where stormwater management infrastructure is already in place. 4. Divide County into "drainage districts" and charge a stormwater user fee according to impact within these districts. 4 1 2A10 October 3, 2012 5. Protect natural groundwater recharge areas by preserving natural sheet flow, particularly in areas of projected high growth rates. 6. Work with the Water Management District to identify and implement strategies for reducing nutrient pollution from agricultural operations (citrus and row crops) keeping harmful nutrients out of existing stormwater management systems. Mr. McNally moved to forward the Transmittal Memorandum regarding the Subcommittee's recommendations on stormwater management to the Collier County Planning Commission and Board of County Commissioners for their review. Second by Mr. Sorrell. Carried unanimously 4—0. Summer Araque reported she will notify the Council when the item is placed on an Agenda so a member may appear and speak if they so desire. Speaker Brad Cornell,Audubon of Florida stated he supports the work of the Subcommittee and commends the efforts of the Council to undertake a pro active policy approach in land use issues which affect the County. Marcia Cravens, Sierra Club endorsed Mr. Cornell's comments and stressed the importance on considering the impacts of"reuse"water when addressing stormwater management issues. Mr. Dickman reported the Subcommittee will meet the last Wednesday of the month in October(October 31) and November(November 28) and subsequently meet every other month starting in January 2013. B. Update members on projects None X. Staff Comments Summer Araque reported David Bishof has resigned from the Committee. The members recognized Mr. Bishof's service to the Council and the citizens of Collier County. XI. Public Comments None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 10:48 AM. 5 i a � A 10 ' Zer 3 2012 COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL 2 �1 ndrew Dickman, Chairman i These Minutes w approved by the Board/Chairman on 7 , V as presented , or as amended 6 16 I A1 .: FOREST ROADIA .AN A\ AND DRAINAGE 1 .s.-I .t . LAKES ADVISORY COMMITTEE 3299 EAST TAMIAMI TRAIL SUITE 103 to: ' °a NAPLES,FL 34112 November 6, 2012 Agenda I. Call to Order Fiala , II. Attendance Hiller e Hler Henning .,___._-- III. Approval of Agenda Coyle v' - 6sle IV. Approval of Minutes — October 2, 2012 N.fa'‘c-e- V. Transportation Services Report A. Budget Report — Caroline Soto B. Project Manager Report — Darryl Richard VI. Landscape Architect Report-Windham Studio A. Phases 1-3 Maintenance Specifications B. Mail Box Recommendations C. 3-Flags with Lighting Design VII. Old Business misc. Corres: VIII. New Business Date: I-1 )q IS A. Scheduled January 2013 Meeting Item#: I Liz 2,1411 IX. Public Comments C^pies to: X. Adjournment Next meeting is December 4, 2012 at 10:00 a.m. Forest Lakes Condo Association Clubhouse, 1058 Forest Lakes Drive Naples, FL 34105 1 I 6 12 Al l FORF 1 wa)\\ AY AND DRAIN AGE M.S.T.1 LA ES ADVISORY COMMITTEE 4 t 3299 East Tamiami Trail Suite 103 /16 NAPLES,FL 34112 Fiala October 2, 2012 B Y: Henning _jk___.---- Coyle Minutes I. Call to order Meeting was called to order at 10:08 a.m. by Robert Jones. A quorum was established. II. Attendance Members: Robert Jones, George Fogg (Excused), Kenneth Bloom, Kevin McKyton (Absent), Dick Barry County: Darryl Richard — Project Manager, Michelle Arnold — Director ATM Other: Scott Windham —Windham Studio, Sue Flynn — Juristaff III. Approval of Agenda Kenneth Bloom moved to approve the agenda as presented. Second by Dick Barry. Motion carried unanimously, 3-0. IV. Approval of Minutes — September 4, 2012 Kenneth Bloom moved to approve the September 4, 2012 minutes as presented. Second by Dick Barry. Motion carried unanimously, 3-0. V. Transportation Services Report A. Budget Report Darryl Richard distributed the Fund 159 - Forest Lakes MSTU Report dated October 2, 2012. (See attached) He reported October 1 started the Misc. Corres: new fiscal year budget: • Ad Valorem Tax $149,000 Date: LIJ9 I • Operating Expense $173,500 • Item#: Capital Outlay $ 1,071,900 Copies to Staff provided a report on Sources and Uses of Funds— Series 2007 Forest Lakes Bond Issue showing the Available Bond Process balance of $1,071,909. (See attached) Darryl Richard noted the Budget Department requested the MSTU track expenditures on the improvement to add the right turn lane 1 1612 Al 1 separately. The right hand turn lane was not included in the original plan. Staff indicated this would not be an issue. The MSTU has $1,166,000 in Available Reserves. B. Project Manager Report—Addressed under VI. VI. Landscape Architect's Report—Windham Studio (WSI) A. Scott Windham distributed and reviewed the Forest Lakes MSTU Bond Project F-58 Sidewalk Project Improvements Status Report dated October 1, 2012 as follows: (See attached) Phase 2 • Is still out to bid and detailed question and answer coordination is ongoing. • Bid deadline date was extended to October 18, 2012 due to revisions made to the bid tabulation. Kenneth Bloom confirmed the estimated time table as: • October 18 — Final Bid Due • November 7 —Advisory Committee Bid Approval • December— BCC Approves Advisory Bid Selection • January/ February 2013 — Start Project (approximately 6 months) • July 2013 — Phase 2 Completed • August 2013 — Phase 3 Completed He recommended the Phase 3 front entry improvements be made during the same time as Phase 2. It was noted a ROW Permit is required for right turn lane. Staff will meet with the engineers on red line revisions to get their approval. When revisions are approved; Staff will obtain easements from property owners. Phase 3 • TRT has submitted preliminary plans for review to WSI. • WSI and ABB to meet with Darryl Richard and Traffic Staff to discuss the MSTU Committee preferred conceptual design. Dick Barry questioned why Option 1 was turned down. Kenneth Bloom explained why the Committee did not choose Option 1 and stated the Committee chose to incorporate the best of Option 1 and 2. 2 161 All Staff distributed and reviewed a revised proposal from Windham Studios for Forest Lakes Sidewalk (New Work Order Request) Maintenance Specifications Consultant dated October 1, 2012 in the amount of $17,760. (See attached) Darryl Richard explained the proposal was submitted because the original work order contain the same services expired on September 29, 2012. He said the proposal will pick up where the original left off to finish the scope of services and to provide continued maintenance consultation services for the remaining six months of the year following the Phase 2 landscape project installation. He provided a Scope Breakdown and Fee Matrix dated October 1, 2012. (See attached) Kenneth Bloom moved to approve Windham Studios'revised proposal for Forest Lakes Sidewalks, new work order request for Maintenance Specification Consultation not to exceed$18,000. Second by Dick Barry. Motion carried unanimously, 3-0. Staff distributed and reviewed a proposal from Windham Studios for Forest Lakes Drive and Quail Run Boulevard Street Lighting, Main Entry East Exit Turn Lane and Cul-de-sac Miscellaneous Services dated October 1, 2012 in the amount of$44,850. (See attached) He said the proposal will pick up where the original left off to finish the scope of services and a provision to provide miscellaneous design services for the cul-de-sacs for any outstanding resident requests as directed by the MSTU Committee at the September 4, 2012 meeting. Kenneth Bloom moved to approve the new proposal for Forest Lakes Sidewalk, New work order request, Forest Lakes Drive and Quail Run Boulevard Street Lighting, Main Entry East Exit Turn Lane and Cul- de-sac Miscellaneous Services for Windham Studios not to exceed $45,000. Second by Dick Barry. Scott Windham summarized the proposal reflects 30% of plans and 30% of the street light project has been completed. It reflects the remaining 70% of services and coordination, planting design with irrigation with cul-de-sac loose ends. Motion carried unanimously, 3-0. Scott Windham gave a brief summary on Maintenance Specifications and the Management Plan. He plans to coordinate with George Fogg on the hybrid plan. B. Mail Box Recommendations It was decided Scott Windham will provide recommendations for the community at the next scheduled meeting. 3 1612 Al C. 3-Flags with Lighting Design Staff distributed a red line concept plan on Forest Lakes Boulevard Northbound Turn Lane Construction Plans provided by James A. Carr, P.E. (See attached) It was suggested the flags be installed to the west of the directory sign. Scott Windham suggested tying into landscape lighting. Kenneth Bloom requested a design plan with costs be submitted to Advisory Committee for further consideration. He suggested Staff include additional funds in the budget for flag replacements. Staff will research the possibility of having a small contractor or a signage firm does the installation to keep costs down. VII. Old Business — None VIII. New Business— None IX. Public Comments - None Kenneth Bloom moved to adjourn the meeting at 11:25 AM. Second by Dick Barry. Motion carried unanimously, 3-0. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 11:25 A.M. Forest Lakes Roadway and Drainage MSTU Advisory Committee r ,.t,1 tt Robert Jones, Chairman These minutes approved by the Committee on /1. 1 --/ , as presented , / or amended Next meeting is November 6, 2012 at 10:00 a.m. Forest Lakes Condo Association Clubhouse, 1058 Forest Lakes Drive Naples, FL 34105 4 i 1612 All m + CO top N N m N N N )Na + N N O) V a) N A co N co V N N co O (D W V a) to A W N + + 1 MM -I wo -I---I 1 C � O' OOMr-02 mO�2Dm 1 -az co 732 C. r C 0DD <m 0020Z ., � tW-n=Z=� m=Z-wC 1 GZ7M D 0 r- m O< T mmyOD -qmmA. m rTrnZ1 W < -i-1 " O ZZzM000 m o O mm c��OCMT M112O OZw M060 >- C)W MMOo -m1 (-) ZVZ)c cDa) -0mm 0 -IWZ Dn-H C nmDDCZ m O nv Z -<O m (n zmmm o vm) O<oo Om Dy�—imul z 0- O zm oz- - D..1 m mmmA7m X m - m m(DoW m zmm� to to to 61 to to to to to to 41to to to to Eo to fo to fo fl9 Eo to 1A df 41 to Eo to b to Eo N-1 _ N N N W 3 (T -'> - s W W M W W m W T m WW W W N N-'•N O m V m-. 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From: Scott Windham Date: October 1, 2012 RE: Forest Lakes MSTU Bond Project F-58 Sidewalk Project Improvements Status Repot Committee and team: The following is a brief status report for the Forest Lakes Sidewalk, Lighting and Street Tree Improvement project: FOREST LAKES PROJECT F-58 UPDATES: PHASE 2: • Phase 2 is still out to bid and detailed question and answer coordination is ongoing. PHASE 3: • TRT has submitted preliminary plans for review to WSI. • WSI and ABB will meet with Darryl and traffic staff soon to discuss pros and cons of the preferred conceptual design as directed by the MSTU Committee. • Because WSI's master continuing services contract with Collier County expired on 9/29, our Forest Lakes Ph 3 proposal ended as well. We have attached a remaining scope of services proposal to pick up where the base contract left off in order to complete the project. MAINTENANCE SPECIFICATIONS / MANAGEMENT PLAN: • The Phase 1 project area is still being maintained by Commercial Land as per their existing services contract. WSI has completed a preliminary draft of the Phase 1 and 2 maintenance specifications. Once reviewed with staff, WSI will prepare the management plan for Phase 1 and 2. • WSI will coordinate with George Fogg on the management plan. • Because WSI's master continuing services contract with Collier County expired on 9/29, our Forest Lakes Ph 3 proposal ended as well. We have attached a remaining scope of services proposal to pick up where the base contract left off in order to complete the project. Please email or call me if you have any questions. Windham Studio,Inc.,Landscape Architecture,LC 26000365 P.O. Box 1239,Bonita Springs,Florida 34133 Phone: (239) 390-1936 Fax: (239) 390-1937 Email: scott @windhamstudio.com www.windhamstudio.com 8 . 1612 All • October 1, 2012 Mr. Darryl Richard, Project Manager Collier County Alternative Transportation Modes Department 2885 Horseshoe Drive South Naples, Florida 34104 RE: REVISED PROPOSAL Forest Lakes Sidewalk, New Work Order Request, Maintenance Specifications Consultation Darryl: Below please find a new Work Order proposal to assist staff in developing maintenance specifications for the proposed Phase 1 and Phase 2 sidewalk landscape and irrigation including monthly site inspections and reports for the first 6 months following completion of the Phase 2 landscape project. This proposal has been prepared because the original Work Order containing these services automatically expired when Windham Studio's master continuing services contract 08-5060 expired on 9/29/12. This proposal will pick up where the original left off to finish the scope of services. Additionally, this proposal includes a provision to provide continuing maintenance consultation services for the remaining 6 months of the year following the Phase 2 landscape project installation. Task A. Maintenance Specifications Consultation: Includes the following services: 1. Assist staff in preparing maintenance specifications for the sidewalk project landscaping including 3 meetings to collaborate. 2. Prepare Opinion of Probable Cost for the annual maintenance of the project. 3. Attend the pre-bid meeting. 4. Complete monthly maintenance consultation services for the first year following completion of the Phase 2 initial landscape and irrigation installation as follows: TASK I. Attend M.S.T.U. Meetings Windham Studio will attend Forest Lakes M.S.T.0 Advisory Committee monthly meetings. (This proposal assumes one meeting per month with the committee totaling 12 meetings) TASK II. Field Review Meetings Windham Studio will attend one (1) meeting per month in the field with staff to review the project. Project review will include two (2) hours to complete each site visit for a total of four (2) hours per month. Windham Studio will attend all of the monthly walk throughs. James Abney will attend one field meeting every other month. Windham Studio,Inc.,Landscape Architecture,LC 26000365 8891 Brighton Lane,Bonita Springs,Florida 34135 Phone: (239) 390-1936 Fax: (239)390-1937 Email: scoff @windhamstudio.com www.windhamstudio.com 9 . 1611 TASK III. Review General Maintenance Report Sheets Windham Studio will review and comment on the "General Maintenance Report Sheets"which are required to be submitted by the Maintenance Contractor with pay request submittals. Windham Studio will review of estimates provided by Contractor with recommendations. TASK IV. Monthly Field Reports Windham Studio will prepare monthly written and/or oral comments and recommendations based upon on-site observations of the M.S.T.U. areas addressing: improvements, landscape plant and irrigation maintenance problems or deficiencies. This includes evaluation of Contractor performance per contract specifications. TASK V. Monthly Field Report Submittal Windham Studio will submit the monthly written report to Collier County Alternative Transportation staff prior to M.S.T.U. meeting. OPTIONAL SERVICES: TASK VI. Upon Request Limited Refurbishment Design Services 1. Windham Studio will provide limited (minor) refurbishment design services and observation of installation on an as requested basis, i.e. deliverables/functions might be as follows: a. Diagrammatic area sketch planting plans with a recommended plant list. b. Plant field locations by staking, flagging or paint marking. (All proposed refurbishment services will be presented to the County Project Manager for review prior to presentation to the M.S.T.U. Advisory Committee) TASK VII. Upon Request Miscellaneous Services (Estimated) 1. Windham Studio will provide assistance in developing the contract maintenance specifications for purposes of bidding. 2. Windham Studio will attend pre-bid meetings and assist in preparing any necessary addendum related to maintenance contract bidding. TASK VIII. Reimbursable Expenses 1. Includes reimbursable expenses such as courier services, prints, copies, large format printing, etc. Please email or call me if you have any questions. Sincerely, Scott D. Windham, ASLA, Landscape Architect, LA 000-1516 Windham Studio,Inc.,Landscape Architecture,LC 26000365 8891 Brighton Lane,Bonita Springs,Florida 34135 Phone: (239) 390-1936 Fax: (239) 390-1937 Email: scott @windhamstudio.com www.windhamstudio.com t 0• 1612 X11 October 1, 2012 Mr. Darryl Richard, Project Manager Collier County Alternative Transportation Modes Department 2885 Horseshoe Drive South Naples, Florida 34104 RE: Forest Lakes Sidewalk, NEW Work Order Request, Forest Lakes Drive and Quail Run Blvd Street Lighting, Main Entry East Exit Turn Lane and Culdesac Miscellaneous Services Darryl: Below please find a proposal to complete the remaining design services for the Phase 3 Forest Lakes Drive and Quail Run Blvd street lighting and a main entry east exit turn lane. This proposal has been prepared because the original Work Order containing these services automatically expired when Windham Studio's master continuing services contract 08-5060 expired on 9/29/12. This proposal will pick up where the original left off to finish the scope of services. Additionally, this proposal includes a provision to provide miscellaneous design services for the culdesacs as requested by the MSTU Committee in the 9/4/12 meeting in order to address any outstanding resident requests. Task 1. Forest Lakes Dr and Quail Forest Blvd Street Lighting and Main Entry Turn Lane: Includes the following services: 1.) WSI-Subconsultant coordination and Construction Services as follows: 1. Subconsultant plan review/coordination, site review, meetings, status reports 2. Attend pre-construction meetings and construction related site meetings and site visits for street lighting and turn lane. 3. Miscellaneous design services to address any outstanding resident concerns for the culdesac islands. 3.) ABB-Turn Lane: 1. Provide services for the survey, design, bidding and limited engineering services during construction necessary to add a north bound to east bound right turn lane at the Forest Lakes Blvd and Pine Ridge Road intersection to include the roadway, signing and marking, MOT plans and traffic/data modeling and signal modifications as follows: a. 90% Plans: 90% Signalization plans and distribute to utilities, Engineer's Opinion of Probable Cost, ROW acquisitions coordination for Quail Run Golf Club easement, Submit Plans to Traffic Operations and MSTU Review, ROW permit application, SWFMD Permit Letter Modification, MSTU Committee Review Meeting, Public meeting if necessary Windham Studio,Inc.,Landscape Architecture,LC 26000365 P.O.Box 1239,Bonita Springs,Florida 34133 Phone: (239)390-1936 Fax: (239) 390-1937 Email: scott@windhamstudio.com www.windhamstudio.com 1 it 1612 All b. 100% Plans: Finalize plans and distribute to utilities, complete county and SWFMD permits, contract docs and bid forms, 100% Opinion of Probable Cost, MSTU Committee Review Meeting c. Project Construction Assistance: Pre-bid meeting and related addenda, plan revisions during construction phase, shop drawings review, contract docs interpretation, assist with field changes as requested, site observation visits of construction site, weekly progress meetings, substantial completion walkthrough, final walkthrough 4.) TRT-Street Lighting: 1. Provide streetlight design along Forest Lakes Drive and Quail Run Blvd including the following: a. Site Analysis b. Photometric layout c. Service calculations d. Full construction plans and specifications e. Services During Construction 5.) Reimbursables: 1. Reimbursable expenses such as prints, couriers, overnight shipping, large format color printing and dry mounting, etc. Please email or call me if you have any questions. Sincerely, Scott D. 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W § �\mC0 § \ § -, ' Er- � XI 3.71 m ) 0 § n CD ■ § z k 2 � § 0. m ��\\\ / n § % � § C k o ; > m 0 - ■ 71 x-• \\o / k k � § = W 2 E < M \ 0 0. §7� 5 . , -n $ § 03 B \ 0 % $ \0_ 0 ti, � k� 2� 9 [ - a) CO • CD 0 < z \\ 0 0. , oI \ C [ I } 5 ¢ 2 (-)\ 03 - Ea § ƒ( CD ( C £ �� Ca w a. §\ 3 m Z> \ j2 k =z 2 , , . a I CD cn J § / o b o z 3 )ƒq7 2 ® - ® Mt-5§ 7 }jam§ E 2 § o 0 0 @ 2 3 = 3 ) c = o )k/ « - - fa mZ D § � 3 \_ & — — — 0 I k CD CD wow i g 0 C } \f_ V) to to 203 ) m3 kt m K § - - co I g CD CD EGE \ =0 Cl) - - -- ) ( lo lo -co \3 - Q 7) o 0600'0 (--- \ 162 A1 2 • mniggvx „„ 0 3 2012 BY:............... � PM �y GOi . L 2885 Horseshoe Drive Fiala Naples, FL 34104 Hiller Hennint 'r 1-4' !i, 2012 Coyle ✓' ea MINUTES lV G'{` q it I. Call to order The meeting was called to order at 4:25 p.m. by Richard Sims, Chairm. . A quorum was established. II. Attendance Members: Richard Sims, Pat Spencer, Peggy Harris, Barbara Segura(Excused), Michael McElroy(Excused) County: Darryl Richard—MSTU Project Manager, Pam Lulich—Landscape Operations Manager Others: Michael McGee—McGee & Associates, Dale Hannula and Thomas Gonzalez —Hannula Landscaping, Robert Kindelan—Commercial Land Maintenance, Sue Flynn —Juristaff III. Approval of Agenda Richard Sims moved to approve the Agenda as presented. Second by Peggy Harris. Motion carried, 3-0. IV. Approval of Minutes—August 21, 2012 Richard Sims moved to approve the August 21, 2012 Minutes as prese ted. Second by Peggy Harris. Motion carried, 3-0. V. Transportation Operations Report A. Monthly Budget Report Staff reviewed the Golden Gate Beautification MSTU Fund 153 Re ort dated September 18, 2012. (See attached) • Ad Valorem Tax Outstanding $13,249.21 Mi . Corres: • Operating Expenses Available $44,829.36 Date Item :llo=—� 1 Copies to: b12 AlE 2 • Capital Outlay Available $516,195.34 • Open Purchase Orders $95,341.64 Darryl Richard reported the current MSTU millage rate is .47 FY13, is intended to maintain the revenue stream and the 91%rollback mandated by the State. B. Project Manager Report Darryl Richard provided and reviewed a proposal from McGee and Associates for Annual Services for Landscape Architectural Maintenance Consulting Services for the Golden Gate Beautification MSTU dated September 17, 2012 based on an RFP awarded by BCC passed September 11th. (See attached) The proposal for ongoing maintenance was presented: • Monthly Services $8,300 • Optional Services upon request $17,410 • Total for Monthly and Optional Services $25,710 Mike McGee provided and reviewed Irrigation Water Source Analysis Reports on Golden Gate MSTU Well Annual Water Use 2012 (non-potable gallons) on the following: (See attached) • Collier Blvd. Part"A" • Collier Blvd. Part`B" • Golden Gate Parkway Median#7, S3404 Controller • Golden Gate Parkway Median#12, Irrinet 34 Controller • Golden Gate Parkway Median#21, 53401 Controller • Hunter Blvd. & Coronado Parkway • Sunshine Blvd. • Tropicana Blvd. • Hunter Blvd. and Coronado Parkway • Roadways Irrigation (Combined) He noted Task Illb is an option to receive irrigation water source analysis reports that will record monthly usage at each source and prepare graphical and written analysis of the water use in order to assist Staff to increase water conservation. Richard Sims moved to approve proposal(for Annual Landscape Architectural Maintenance Consulting Services) including option (Task III. b.) in the amount of$25,710. Second by Peggy Harris. Motion carried, 3-0. Pam Lulich gave an update on the Preliminary ROW Review: • There is an upcoming project proposing a directional turn lane and install a raised pork chop island funded by County. • No objection to the flag pole. • Native plants will be planted. She recommended a simplified palette. • She does not want to use Sunshine Mimosa. She suggested the MSTU stay out of that area incase other modifications are made and focus more on the sign area. 2 1612 Al2 Staff presented a proposal from McGee and Associates for Contract Administration and Design Professional Services for Golden Gate MSTU Beautification District West Entry Sign Improvement Project dated September 17, 2012. (See attached) Mike McGee mentioned a Sub-Consultant (Structural Engineer) cost of$2,900 could be back out of proposal. County will be doing this part of the Scope. It was noted the proposal includes 3-flags. It could include the American Flag, State Flag and the County Flag. The Committee formed a consensus to only install the American Flag. Richard Sims requested Mike McGee made revisions to design and bring back to the Committee before going for the permit: • Flag moved back at least 18' • Include a light source • Plant material around the sign be kept native • No irrigation Richard Sims moved to approve the design work. Second by Peggy Harris. Motion carried 3-0. Richard Sims suggested making additional keys to maintain flags on the flag pole and mentioned the Civic Association would be happy to help maintain the flag. The Project Manager should have a key. He recommended keeping a tracking log. VI. Transportation Maintenance Report A. Hannula Dale Hannula reported replacing crape myrtle at Hunter and Coronado. Mike McGee stated he did another review of the trees and took photos of each one; 25 were retainable and 23 trees that need to be replaced. The trees retained would fall under normal year warranty. Richard Sims expressed concerns over not replacing trees that may die and were no longer under warranty. He would rather replace them and get a new warranty. Mike McGee responded the trees marked to be retained are 95% established, growing and should not be a problem. Dale Hannula reported contacting his supplier. He will supply new trees and offer fertilizer program within the next couple of weeks. Work is schedule to begin on the Tropicana pump station on September 19. He further reported there are only 9 items left to complete on his punch list. June has not been able to find quality trees to replace 2-Tabebuia trees on Sunshine. Crews are battling the weeds thorough out the area. Thomas Gonzalez estimated the weeding through out the area was 75% completed. Darryl Richard told Hannula to insure weeding protected the Asian Jasmine. Mike McGee mentioned Hannula not make remarks on report indicating work has been completed. He cited several episodes. Richard Sims asked McGee and Hannula to resolve the issues. Pam Lulich reported Hannula has been working on site lines. Mike McGee will come back next month and report any improvement. 3 1612412 B. Commercial Land—Addressed after VIII. VII. Landscape Architects Report—Addressed under V. B. A. Hunter& Coronado Mike McGee provided the McGee &Associates Landscape Architecture Maintenance Report for August 2012— September 2012. (See attached) VIII. GPS Report Pam Lulich reported County will be recording all work being done within the database. VI. Transportation Maintenance Report B. Commercial Land Robert Kindelan reported: • Fungus issues on Hunter and Coronado with Silver Saw Palmetto have been sprayed with fungicide. • Weeds in Sunshine Mimosa not responding to chemicals used to kill them. • Plan to test a small plot with another weed killer. • If a weed killer doesn't work, they plan to mow weeds after the Mimosa is finished blooming. • CLM planned to submit a proposal for the white fly issues. IX. Old Business -None X. New Business -None XI. Public Comments -None There being no further business for the good of the County, the meeting was adjourned at 5:30 P.M. Golden Gate MSTU Advisory Committee Richard Sims, Chat man These minutes approved by the Committee/Board on 1/—2 0 - as presented X or amended The next meeting is scheduled for October 16,2012 4:00 PM at Golden Gate Community Center- Naples, FL 4 161 12 v4,° GOLDEN GATE M S 10 ," 2885 Horseshoe Drive Naples, FL 34104 wfw t mb 'sx , 2012 SUMMARY OF MINUTES AND MOTIONS III. Approval of Agenda Richard Sims moved to approve the Agenda as presented. Second by Peggy Harris. Motion carried, 3-0. IV. Approval of Minutes—August 21, 2012 Richard Sims moved to approve the August 21, 2012 Minutes as presented. Second by Peggy Harris. Motion carried, 3-0. V. B. Project Manager Report Darryl Richard provided and reviewed a proposal from McGee and Associates for Annual Services for Landscape Architectural Maintenance Consulting Services for the Golden Gate Beautification MSTU dated September 17, 2012 based on an RFP awarded by BCC passed September 11th. Richard Sims moved to approve proposal(for Annual Landscape Architectural Maintenance Consulting Services) including option (Task III. b.) in the amount of$25,710. Second by Peggy Harris. Motion c, ried, 3-0. Richard Sims moved to approve the design work. Second by Peggy Harris. Motion carried 3-0. 1 /'t9ee & • Landscape Architecture 161 2 September 17,2012 Mr. Darryl Richard, RLA, MSTU Project Manager Department of Alternative Transportation Modes Growth Management Division—Construction&Maintenance 2885 Horseshoe Drive South Naples, Florida 34104 Subject: "Annual Services for Landscape Architectural Maintenance Consulting Services for the Golden Gate Beautification, MSTU" as permitted by Contract#12-5892. Dear Mr. Richard, The following proposal is presented for review and approval in order to execute a Work Order for the maintenance consulting services listed below for FY 12-13. The maintenance consulting services will be provided on a monthly basis generally coordinated with the M.S.T.U. Advisory Committee monthly meetings. The limited refurbishment design services will be quoted on a per project basis due to the unknown requirements of the work to be performed. McGee&Associates agrees to provide the following services for a period of twelve(12)consecutive months starting in October of 2012 and ending in September 30,2013. Monthly Services Task I - Attendance at all Golden Gate M.S.T.U. publicly advertised meetings. (Based upon one meeting per month 24 annual office hours) Task II-A. To perform 12 monthly in the field meetings with Contractor to review the project areas. To be scheduled 2 weeks prior to monthly MSTU meeting. To include 2 additional meetings as requested by staff. (Based upon 28 annual in field hours) B. To perform 12 monthly in the field meetings with staff and contractor one hour prior to monthly meetings. (Based upon 12 in field hours) Task Ill- a. Provide pictorial electronic written reports or oral comments and recommendations based upon on-site observations of the M.S.T.U. areas. The reports will address beautification improvements, landscape plantings and irrigation maintenance problems or deficiencies. Reports will include evaluation of Contractor performance per contracted maintenance specifications. b. (Optional)Irrigation water source analysis reports will record monthly usage at each source and prepare graphical and written analysis of the water use in order to assist staff to increase water conservation. Submittal of monthly written reports will be provided to Collier County staff at a minimum of three(3)days prior M.S.T.U. meeting. (Base upon one report per month 96 hours for landscape and 48 hours for irrigation analysis for a total of 144 annual office hours) Maintenance Consulting Services Task I Unit Rate Cost Invoiced As Principal/Senior L.A. 12 $135.00 $ 1,620.00 (Time&Materials) Degreed L.A. 0 $125.00 $ -0- (Time&Materials) Design Assoc. 0 $ 85.00 $ -0- (Time&Materials) AutoCAD Technician 6 $ 65.00 $ 390.00 (Time&Materials) Administrative Assist. 6 $ 55.00 $ 330.00 (Time&Materials) $ 2,340.00 Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East/P.0. Box 8052 Naples,Florida 34101 Phone (239)417-0707*Fax (239)417-0708 LC 098*FL 1023A 6• Page Two 16 1 2 A 12 Golden Gate M.S.T.0 Annual Maintenance Consulting September 17th, 2012 M&A 2012-000P Task II A&B Unit Rate Cost Invoiced As Principal/Senior L.A. 28 $135.00 $ 3,780.00 (Time&Materials) Degreed L.A. 0 $125.00 $ -0- (Time&Materials) Design Assoc. 0 $ 85.00 $ -0- (Time&Materials) AutoCAD Technician 6 $ 65.00 $ 390.00 (Time&Materials) Administrative Assist. 6 $ 55.00 $ 330.00 (Time&Materials) $ 4,500.00 Task III, a Unit Rate Cost Invoiced As Principal/Senior L.A. 60 $135.00 $ 8,100.00 (Time&Materials) Degreed L.A. 0 $125.00 $ -0- (Time&Materials) Design Assoc. 0 $ 85.00 $ -0- (Time&Materials) AutoCAD Technician 24 $ 65.00 $ 1,560.00 (Time&Materials) Administrative Assist. 12 $ 55.00 $ 660.00 (Time&Materials) $10,320.00 OPTIONAL SERVICES Task III, b-Upon Request Irrigation Water Source Analysis Services Unit Rate Cost Invoiced As Principal/Senior L.A. 12 $135.00 $ 1,620.00 (Time&Materials) Degreed L.A. 0 $125.00 $ -0- (Time&Materials) Design Assoc. 0 $ 85.00 $ -0- (Time&Materials) AutoCAD Technician 24 $ 65.00 $ 1,560.00 (Time&Materials) Administrative Assist. 12 $ 55.00 $ 660.00 (Time&Materials) $ 3,840.00 Task IV-Upon Request General Maintenance Report Sheet reviewServices 1. Review and comment on the"General Maintenance Report Sheets"which is required to be submitted by the Contractor with pay request submittals. Review of estimates provided by Contractor with recommendations. (Base upon one review per month for 6 hours total) Unit Rate Cost Invoiced As Principal/Senior L.A. 3 $135.00 $ 405.00 (Time&Materials) AutoCAD Technician 0 $ 65.00 $ -0- (Time&Materials) Administrative Assist. 3 $ 55.00 $ 165.00 (Time&Materials) $ 570.00 Task V-Upon Request Limited Refurbishment Design Services 1. Provide limited(minor)refurbishment design services and observation of installation on an as requested basis, i.e. deliverables/functions might be as follows: a. Diagrammatic area sketch planting plans with a recommended plant list. b. Plant field locations by staking,flagging or paint marking. Unit Rate Cost Invoiced As Principal/Senior L.A. 12 $135.00 $1,620.00 (Time&Materials) AutoCAD Technician 12 $ 65.00 $ 780.00 (Time&Materials) Administrative 6 $ 55.00 $ 330.00 (Time&Materials) $2,730.00 Task VI-Upon Request Miscellaneous Services(Estimated) 1. Provide assistance in developing the contract maintenance specification for purposes of bidding. (based upon 8 hours) 2. Attend pre-bid meetings and assist in preparing any necessary addendum related to maintenance contract bidding. (based upon 4 hours) Unit Rate Cost Invoiced As Principal/Senior L.A. 6 $135.00 $ 810.00 (Time&Materials) AutoCAD Technician 2 $ 65.00 $ 130.00 (Time&Materials) Administrative 4 $ 55.00 $ 220.00 (Time&Materials) $1,160.00 Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East/P.0. Box 8052 Naples, Florida 34101 Phone (239)417-0707*Fax (239)417-0708 LC 098* FL 1023A 7. Page Three Golden Gate M.S.T.0 16 I Al2 Annual Maintenance Consulting (((,,,...••• September 17th, 2012 M&A 2012-004P Maintenance Consulting Services Fees McGee&Associates will provide monthly Maintenance Consulting Services for a fee of: Task I through III-a $17,160.00 Reimbursable expenses allowance: $ 250.00 Landscape Maintenance Consulting Total: $17,410.00 Task III-b(optional services) $ 3,840.00 Task IV (optional services upon request) $ 570.00 Task V (optional services upon request) $ 2,730.00 Task VI (optional services upon request) $ 1,160.00 Optional Service upon request Total: $ 8,300.00 Total work order request: $25,710.00 If you should have any questions or need further information please contact me any time.We look forward to continuing the work with the Committee and your Department at improving and maintaining our roadways. Cordially, Nieitaxt) 2/Ic9ee Michael A. McGee, r.l.a. President,McGee&Associates LC 098 Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East/P.0. 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N U w K o w W C E y 7 C N W H C Z LL J LU a ° d r2 3 § L. r°- co U 1- a, E. r c i- m > C7 W I--0 U w a) m a; 0 d o = a ` °° v o A 3 Q 2 0 V_a 0 D ., V P. a, > ..- 2 Z u a3) 2 `o K $ a OW F I -c v c c P c a .t. c V '7 aW Y vi c zoo � U - 0 a' asi Eg " � m > O a/ oVZ m . Ii w d 0 LC 2 2 a N 0 ' N 4I • 769e,e Adociated 16 1 2 Ad 2 Landscape Architecture September 17,2012 Mr. Darryl Richard, RLA, MSTU Project Manager Golden Gate Beautification, M.S.T.U. Department of Alternative Transportation Modes Growth management Division -Construction&Maintenance 2885 Horseshoe Drive South Naples, Florida 34104 Subject: Proposal of Contract Administration and Design Professional Services for Golden Gate MSTU Beautification District West Entry Sign Improvements project. M &A(2012-007P) Dear Mr. Richard: McGee&Associates is presenting the following proposal of services for your review and approval. McGee &Associates (M &A) agrees to provide the following "Scope of Services" related to the contract administration services for the above listed project. The project area will generally be described as the road right-of-way and/or medians located within approximately 1,100 Ln. Ft. east of the intersection of Santa Barbara Blvd. and Golden Gate Parkway. See attached "Project Task and Fee Schedule" Sheet for design service hours and costs. Scope of Services 1.1 Permitting 1.1.1 Supply and submit required permit drawings to Collier County for approvals. 1.1.2 Provide required written correspondence, verbal communications or presentations for the project permitting. 1.1.3 Coordinate and respond to Staff review comments to resolve issues, as applicable. 2.1 Sub-Consultants 2.1.1 Provide professional Engineering (Structural) services for flagpole base design, permitting, and services during construction. 3.1 Contract Administration 3.1.1 Assist Collier County in developing contract documents for bidding and installation purposes. 3.1.2 Assist in bidding process and provide review and recommendation for award of contract. 3.1.3 Provide on-site observations for services during construction to determine compliance with plans and specifications, as well as review and approve pay request applications. 4.1 Reimbursable 4.1.1 Per Design services"Professional Landscape Architectural Services"Contract#12-5892. Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East I P.0. Box 8052 Naples, Florida 34101 Phone (239)417-0707*Fax (239)417-0708 LC 098* FL 1023A I Q. Page 2, 09/17/2012 2 A 1 2 6 Darryl Richard, Project Mgr.rY ' G.G. MSTU West Entry Sign 2012-007P 1 5.1 Estimated Services Schedule 5.1.1 M&A shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. Task Description 1.1 and 2.1 Services During Construction: Based upon a 120 day installation contract Scope of Services Fees Summary: 1.1 Permitting Unit Rate Cost Invoiced As Principal/Senior L.A. 5 $135.00 $ 675.00 (Time&Materials) Degreed L.A. 0 $125.00 $ -0- (Time&Materials) Design Assoc. 0 $ 85.00 $ -0- (Time&Materials) AutoCAD Technician 1 $ 65.00 $ 65.00 (Time&Materials) Administrative Assist. 4 $ 55.00 $ 220.00 (Time&Materials) $ 960.00 2.1 final Design Unit Rate Cost Invoiced As Principal/Senior L.A. 1 $135.00 $ 135.00 (Time&Materials) Degreed L.A. 0 $125.00 $ -0- (Time&Materials) Design Assoc. 0 $ 85.00 $ -0- (Time&Materials) AutoCAD Technician 2 $ 65.00 $ 130.00 (Time&Materials) Administrative Assist. 1 $ 55.00 $ 55.00 (Time&Materials) $ 320.00 2.1 Sub-Consultant Unit Rate Cost Invoiced As (Structural Engineer) $ 2,900.00 (Lump Sum) 3.1 Contract Adminstration Unit Rate Cost Invoiced As Principal/Senior L.A. 18 $135.00 $2,430.00 (Time&Materials) Degreed L.A. 0 $125.00 $ -0- (Time&Materials) Design Assoc. 0 $ 85.00 $ -0- (Time&Materials) AutoCAD Technician 4 $ 65.00 $ 260.00 (Time&Materials) Administrative Assist. 6 $ 55.00 $ 330.00 (Time&Materials) $ 3,020.00 Excluded Services The professional services to be provided are limited to those described in the Scope of Services. All other services are specifically excluded, including, but not limited to the following items: Environmental Services, Geotechnical Engineering Services, Hydro geological Services Land Surveying Services, Full Time Construction Observation Services liticAlei A 7/GC9e Michael A. McGee, r.l.a. President, McGee&Associates. LC 098 II. . P Al2 • __ - i 2 0 O 0 0 0 0 CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 o 6 vi o 0 0 0 0 V N CD N N CO 0 0 s- N co IS) CO LO CO N s- M 7 V' 0 CO N sf 0 0 0 r c' ' 69 69 M M 69 C` E9 EA E9 E9 E9 69 tR J Q En N F W a) O LL CO N O O O O 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 r O O O O o O O O O O O 4* z � co co O co O (0 )0 0 0 O M O CO. LC) CO CO w CC J Z Q t N R m c Z W U 0 Z 0 d m W 0 LL' Q. 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Hunter& Coronado VIII., G_P_$.-Report—Pam-tu iclr- IX. -_Old Business X. New Business Xl. Public Comments XII. Adjournment The next meeting is scheduled for October 16, 201 , at 4:00 p.m. At Golden Gate Community Center- Naples, FL 1 16 1 Al2 03 2012 ri DEN GATE m.S.T .. en RA 3299 East Tamiami Trail Suite 103 Naples, FL 34112 AGENDA I. Call Meeting to Order Fiala Hiller �. II. Attendance Henning Coyle f III. Approval of Agenda e. IV. Approval of Minutes — September 18, 2012 V. Transportation Operations Report A. Monthly Budget Report— Caroline Soto B. Project Manager Report— Darryl Richard VI. Transportation Maintenance Reports A. Hannula Landscaping — Dale Hannula B. Commercial Land Maintenance — Robert Kindelan VII. Landscape Architects Report— McGee & Associates A. Hunter & Coronado — Mike McGee VIII. Old Business IX. New Business Misc. Corres: X. Public Comments Date: `'I IQ113 XI. Adjournment item#: tLD 2.14-11-2— Copies to: The next meeting is cdwd for December 18, 20 2 at : 0 pm. At Golaert Gate Community Center Naples, FL 1 1612 Ai l 3. Collier County Community Redevelopment Agency IMMOKALEE CRA ° RCT=TRIT1713111, i The Place to Call Home 4 } Certification of Minutes Approval Form BY: Prepared by: Approved by: Penny P 'r ppi,Executive Dip'y or chael"Mike'F cundo,Chairman Immok.re Community Rede elopment Agency These Minutes for the October 17, 2012 CRA Advisory Board/EZDA Meeting were approved by the CRA Advisory Board/EZDA on November 14,2012 as presented. * The next joint Advisory Board/EZDA meeting will be held December 19, 2012 at 8:30A.M. at the Immokalee Community Redevelopment Agency office located at 1320 North 15th Street, Immokalee, Fl 34142. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at Southwest Florida Works located at 750 South 5th Street in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Christie Betancourt, Administrative Assistant, at 239-867- 4121 for additional information. In accordance with the American with Disabilities Act,persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. Fiala v _ Hiller Henning Coyle � -Gee. Misc.Corres: tvcsor►c% Date:` t\G\ '3 Item#: Copies to: • Collier County Community Redevelopment Agency IMMOKALEE CRA . 61 2 Al3 i The Noce to Call Horne! Enclosure 1 MINUTES Immokalee Local Redevelopment Agency October 17,2012 A. Call to Order. The meeting was called to order by Mike Facundo, Chairman at 840 a.m. B. Roll Call and Announcement of a Quorum. Advisory Committee/EZDA Members Present: Mike Facundo, Ski Olesky, Jeffery Randall, Robert Halman, Floyd Crews, James Wall, Eva Deyo,and Carrie Williams. Advisory Committee/EZDA Members Absent/Excused: Julio Estremera,Daniel Rosario and Cristina Perez. Action: A quorum was announced as being present. Others Present: Steve Hart, John Lundin, Chris Curry, Magda Ayala, Weldon J. Walker, Jr., and Mitch Hutchcraft. Staff: Penny Phillippi,Brad Muckel,Marie Capita, Christie Betancourt, and Jeffrey Nagle. C. Introductions. All present introduced themselves. D. Announcements. a. NBIA — Ms. Phillippi announced that she had attended the NBIA training (approved by CRA Chair)and requested Advisory Board Approval. Action: Jeffery Randall made a motion to approve the travel to the NBIA Training Session, Ski Olesky seconded the motion and it passed by unanimous vote. b. FEFC — Ms. Phillippi requested approval to travel to Miami for the mandatory annual Board of Directors meeting of the Florida Export Finance Corporation. Action: Ski Olesky made a motion to approve the travel to the FEFC Annual Board of Directors meeting, Jeffery Randall seconded the motion and it passed by unanimous vote. E. Adoption of Agenda. Additions to the Agenda: I. d. Executive Director's Employment Agreement and I.e. Discussion of a 501 (c)(3) for the IBDC. Action: Ski Olesky made a motion to approve the Agenda (with noted changes), Jeffery Randall seconded the motion and it passed by unanimous vote. F. Communications. a. The Communications Folder containing the meeting notices was passed around for review. G. Consent Agenda. a. Approval of Minutes for the September 19,2012 CRA Advisory Board meeting. Action: Jeffery Randall made the motion to approve the Consent Agenda, the motion was seconded by Ski Olesky and the Consent Agenda was approved by unanimous vote. H. Old Business. a. Project Manager's Reports i. CRA Project Manager a. Stormwater Master Plan — Mr. Muckel reported that the punch list for the Phase I Stormwater Project is 90% complete and the General Contractor has been paid $2.7 million. The Phase II Stormwater Project on Immokalee Drive RFQ for an engineering firm should be released later this month. He noted that the Big Cypress Basin has award $200,000 toward the engineering of the Phase II Project. b. Crosswalk Improvement Project — Mr. Muckel informed the Committee that the RFQ for this project has been scored and AIM was the selected firm. However,their price for the study and creation of construction documents was$140,000. He will renegotiate with the firm. 1 16 a Enclosure 1 c. First Street Plaza — Ms. Phillippi reported that the firms of David Corban Architects, Inc, were selected to design the plaza. After negation,the price agreed upon is $113,450. The contract will be presented to the BCC on November 13, 2012. Two public meeting will be held the day of November 14th, one as the CRA/MSTU monthly meetings and the other in the evening at the Community Park. ii. IBDC Manager a. Airport Authority Interlocal Agreement - Ms. Capita requested approval from the Committee to take the document forward that will terminate the interlocal between the CRA and the Authority. b. IBDC/CRA — Ms. Capita requested the Committee approve the request to the BCC to allow the IBDC to continue to operate under the auspice of the CRA. c. IBDC Policies & Procedures - Marie Capita provided a copy of the updated policies and procedures were provided to each of the Committee members. She asked for any input from the Committee and requested approval of the policies and procedures. Carrie Williams provided suggested language for clarity. Action: Ski Olesky made a motion approve the termination of the Interlocal Agreement between the Airport Authority and the CRA; approve the request to continue operation under the auspice of the CRA; and to approve the updated IBDC Policies and Procedures and submit same to the CRA/BCC for approval. Mr. Randall seconded the motion and it passed by unanimous vote. d. CDBG Close Out Report—Ms. Capita provided an overview of the closeout report for the current CDBG grant agreement citing the many accomplishments over the past two years. iii. MSTU Project Manager a. Carson Road Project— Mr. Nagle stated the bid for this project was pulled to clarity a plan note and it is anticipated the rebid will occur later this month. b. Downtown Project— Mr. Nagle reported that 100% plans have been submitted to FDOT. He further stated that he hand delivered the application for a $100,000 grant and expects awards to be announced in January 2013. This will be an award in addition to the $61,000 grant already received from FDOT. c. Holiday Decorations — Mr. Nagle continues to work on getting the ROW permit for installation. He reported that 26 lights have been wired to accommodate the angels; he is seeking a structural engineer to determine wind load, and the Holiday Banners will be installed 11/01/2012. b. Code Enforcement Wendell Walker reported that on September 12th, Code Enforcement Office (in conjunction with the Sheriff's Department) held a district sweep on empty and abandoned housing units. The developed a list of properties to monitor for condition. He noted that the Community Task Force meets at the Health Department on October 11th New Business. a. First Street Plaza—Discussed above under CRA Project Manager. b. & c. Executive Director's Evaluation — All Committee members submitted their evaluation of the Director. Action: Mr. Randall made a motion approve the Executive Director's evaluation and to submit to the CRA for approval. Mr. Olesky seconded the motion and it passed by unanimous vote. 2 1 6 1 2 X13 Enclosure 1 d. Executive Director's Contract—Ms. Phillippi requested that the Advisory Committee review the proposed changes to the contract. Action: Mr. Randall made a motion approve changes to the Executive Director's contract, specifically (1) extend the employment contract for three (3) years until December 3, 2015; and revise the agreement's terms to provide for COLA; and remove Section 13, requirement to reside in the Enterprise Zone; and all other terms of the employment agreement remain intact and also to recommend for approval to the CRA. Mr. Olesky seconded the motion and it passed by unanimous vote. e. IBDC 501(c)(3) — Ms. Capita inquired as to how the Committee would feel about allowing the IBDC to form a 501(c)(3) and operate independently of the CRA and Collier County. It was her contention that there would be a greater variety of funding options as a non-for-profit corporation. Ms. Phillippi agreed with the action stating that it is the intention of the CRA to act as a catalyst, to identify issues, create solution to the issue and then spin it off. She stated that this is not an action that will happen immediately but rather once the IBDC is more stable and established. Action: Mr. Randall made a motion to support the IBDC is seeking a nonprofit status when they are ready to do so. Mr. Olesky seconded the motion and it passed by unanimous vote. J. Citizen Comments. None K. Next Meeting Date. The next regular Meeting will be November 14,2012 at 8:30 A.M. L. Adjournment. This meeting adjourned at 9:35 a.m. 3 Collier County Community Redevelopment Agency 1 IMMOKALEE CRA 1 b 1 2 i The Ploce to Coll Home! CRA Board Joint Meeting of the Community Redevelopment Agency Advisory Committee, Enterprise Zone Agency,and the Immokalee Lighting and Beautification MSTU Commissioner Donna Fiala Chair Southwest Florida Works 750 South Fifth Street Commissioner Immokalee,FL 34142 Tom Henning (239)658-3300 Commissioner November 14, 2012 - 8:30 A.M. James N.Coletta Commissioner A. Call to Order. Fred W.Coyle B. Roll Call and Announcement of a Quorum. Commissioner C. Introductions. Georgia Hiller D. Announcements. a. BCC Agenda items CRA Advisory Board E. Adoption of Agenda. F. Communications. Michael Facundo a. Public Notices Chairman G. Consent Agenda. Edward"Ski"Olesky a. Approval of Minutes. Jeffrey Randall Robert Halman i. CRA Advisory Committee Meeting October 17, 2012 (Enclosure 1) Ex-officio ii. MSTU Meeting October 24,2012 (Enclosure 2) Julio Estremera iii. EZDA Meeting October 17,2012 (Enclosure 3) Floyd Crews James Wall H. New Business. Eva Deyo a. First Street Plaza—David Corban,Architect Carrie o a Rosario Big Bi Cypress Basin—Phil Flood,Executive Director Daniel Ros Angel Madera c. Renewable Energy—Edward Dumphy, CEO Cristina Perez I. Old Business. MSTU Advisory a. Project Managers' Reports Committee i. CRA Project Manager Cherryle Thomas 1. Stormwater Master Plan Chair 2. Crosswalk Grant Lucy Ortiz 3. EZDA Annual Report(Enclosure 4) William Deyo ii. IBDC Manager Andrea Halman 1. Monthly Report(Enclosure 5) Norma Garcia iii. MSTU Reports 1. Budget Report(Enclosure 6, 7, 8) CRA Staff 2. Project Manager a. Main Street Improvements Penny Phillippi Executive Director b. Street Lighting Report Bradley Muckel i. Holiday Decorations CRA Project Manager 3. Contractor Reports a. Maintenance Report—CLM(Enclosure 9) Christie Betancourt b. Landscape Architect Report CRA Administrative Assistant b. Code Enforcement—Highlights J. Citizen Comments. Jeffrey Nagle K. Next Meeting Date. CRA&EZDA Meeting December 19, 2012 at 8:30 A.M. MSTU Project Manager L. Adjournment. Marie Capita IBDC Manager * The next Advisory Board/EZDA Board meeting will be held December 19, 2012, at 8:30 A.M. at Southwest Florida Works located at 750 South Fifth Street in Immokalee.All meetings will be publicly noticed in the W.Harmon Turner Building(Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please contact Christie Betancourt, Administrative Assistant, at 239.867.4121 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt at least 48 hours before the meeting. The public should be advised that members of the CRA Advisory Board are also members of other Boards and Committees, including, but not limited to: EZDA and the Immokalee Fire Commission. In this regard, matters coming before the Advisory Board may come before one or more of the referenced Board and Committees from time to time. 161 . A14 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE ( J II NW YR , 2885 Horseshoe Drive South Naples, Fl 34104 October 18, 2012 BY: AGENDA I. Call Meeting to Order Fiala V Hiller r II. Attendance Henning�� - Coyle III. Approval of Agenda IV. Approval of Minutes: September 20, 2012 V. Budget Report— Caroline Soto VI. Landscape Maintenance Report— CLM and McGee & Associates VII. Landscape Architect's Report— McGee &Associates A. Pebble Beach Blvd. Lighting VIII. Transportation Operations Report-Darryl Richard A. Project Manager's Report B. Review of the To Do List IX. Future Projects A. Entrance - US 41 @ St. Andrews Discussion X. Committee Reports Misc. Corres: XI. Old Business Date: L! (c l3 XII. New Business Item#:l I,QZ 2f� l y XIII. Public Comments Copies to: XIV. Adjournment The next meeting is November 15, 2012 at 2:00 p.m. Growth Management Division —Construction & Maintenance 2885 Horseshoe Drive South, Naples, FL 34104 A A 161 14 . Oil GOLF ESTATES BEAUTIFICATION MSTU' ADVISORY COMMITTEE 3299 Tamiami Trail East Suite 103 Naples, Fl 34113 October 18, 2012 Minutes Call to Order The meeting was called to order by Bob Slebodnik at 2:03 p.m. II. Attendance: Members: Robert Slebodnik, Tony Branco, Kathleen Dammert, David Larson, Jennifer Tanner County: Darryl Richard-Project Manager, Caroline Soto-Budget Analyst Others: Mike McGee-McGee &Associates, Robert Kindelan—Commercial Land, Sue Flynn—Juristaff III. Approval of Agenda Jennifer Tanner moved to approve the October 18, 2012 agenda as submitted. Second by David Larson. Motion carried unanimously 5-0. IV. Approval of Minutes: September 20, 2012 Jennifer Tanner moved to approve the September 20, 2012 minutes as amended. Second by Dave Larson. Motion carried unanimously 5-0. V. Budget Report Caroline Soto distributed and reviewed the new FY 2013 Budget available funds: (See attached) o Ad Valorem Tax - $186,600 o Carry Forward General - $329,000 o Total Revenue - $587,547.25 o Improvements General - $223,900 o Operating Expense - $70,977.86 o Open Purchase Orders - $82,533.43 o Paid Purchase Orders - $73,935.97 VI. Landscape Maintenance Report— CLM and McGee & Associates Robert Kindelan reported: ➢ The hard cut back on the Bougainvilleas to retain a dwarf appearance will be completed next week. ➢ Chemicals tested a small area on Valley Stream on the Sunshine Mimosa to get rid of dollar weed worked. The chemical was applied to a larger area yesterday to make sure it has the same affect. 1 1612 14 If it has the same results, it will be used to treat that area. ➢ Lighting strike cause need for irrigation repair. McGee and CLM will run test on two values inside pump to make sure they are calibrated as previously set. ➢ CLM is working on pest control and fertilization. ➢ Pebble Beach tree cut will be addressed once lift is repaired. ➢ Entrance palms and bougainvilleas have been sprayed for caterpillars. David Larson reported a notch out of a solar light pole on the south side of the street at the entrance of Pinehurst Estates. Robert Kindelan will inspect pole. Mike McGee distributed and reviewed the Landscape Observation Report dated October 17, 2012. (See attached) He pointed out some items to be addressed by the Contractor: • Remove vegetation growing on sign walls. • Crinum Lilies need to be trimmed and old foliage removed. • Prune broken and dead branches out of palms and other trees once lift is repaired. • 2-Washington palms were struck by lighting. The irrigation system was damaged. He recommended the removal 5-trees. He suggested removing a roll of Bougainvilleas in front of the 2 flag poles, add fill, slop and plant annuals. Tony Branco inquired on the maintenance of a swale located on Forest Hills and Augusta, between the street and the sidewalk by the golf course. CLM will resolve issue. Mike McGee distributed and reviewed a chart on Lely Golf Estates Beautification MSTU Reuse Mixing Chamber Annual Water Use thru September 30, 2012 with FY 11-12, 12 Month Averages. (See attached) He will contact golf course on when they turn on the large pumps and compare to MSTU usage. Dave Larson reported 3 remaining lights by the Dorel Bridge have been out for six months. Staff will confirm type and check on status of the order. VII. Landscape Architect's Report— McGee & Associates A. Pebble Beach Blvd. Lighting Staff reported Bentley Electric has confirmed receipt of the light poles from Lumec. Board of County Commissioners award scheduled for November 13, 2012 meeting. Award is to Bentley Electric for $129,617.46. VIII. Transportation Operations Report A. Project Managers Report 2 i6i 414 Darryl Richard distributed and reviewed the Lely MSTU Project Status Report updated October 18, 2012. (See attached) • (L-50) St. Andrews Front Entrance Project— Scope of project is under review. • (L-45) McGee Annual Landscape Architect Services — Staff is processing new work orders as approved under new contract#12- 5892. • (L-34) On-going Maintenance Contract— Maintenance is on-going per an annual contract. B. Review of the To Do List Staff distributed a To Do List. (See attached) • 2 — Painting of U Channel Metal waiting for cool season without rain. • 3 — Coordinate with Stormwater on spraying of exotic vegetation in canals. • NEW for Review - Moving of area near Forest Hills at Augusta Boulevard. Stormwater has agreed to spray and kill the vegetation in the canals. Advisory Committee voiced concern on the choice of remedy and reasoned the vegetation was removed in the past. They do not want to kill the fish. It was noted Robert Slebodnik will contact John Vliet on this issue. Staff will coordinate with them. Tony Branco reported a lights out near the canal and provided identification code on the pole as # 76778203100 with a sub-number#7. The other light is located at St. Andrews and Pebble Beach with only a sub-number# 5 available. IX. Future Projects A. Entrance — US 41 at St. Andrews Discussion —Addressed previously Mike McGee suggested investigating costs with FPL on dropping the power underground and traffic control light to determine feasibility. He will provide a report on his findings. Jennifer Tanner moved to request Mike McGee to work with FPL to pursue costs of dropping the overhead electric and the relocate the traffic control box at the corner of St. Andrews and 41 East. Second by Robert Slebodnik. Motion carried unanimously, 5-0. X. Committee Reports - None XI. Old Business - None XII. New Business - None XIII. Public Comments - None 3 16 -s : A14 Jennifer Tanner moved to adjourn at 2:50 P.M. Second by David Larson. Motion carried unanimously, 5-0. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 2:50 p.m. Lely Golf Estates Beautification MSTU Advisory Committee Robert Slebo nik, Chairman These minutes approved by the Committee on / 1 — / 1 , as presented OR amended ,\ . The next meeting is November 15, 2012 at 2:00 p.m. Collier County East Naples Branch Library 8787 East Tamiami Trail, Naples, FL 34112 4 Itty 14 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 3299 Tamiami Trail East Suite 103 Naples, Fl 34113 October 18, 2012 Summary of Minutes and Motions III. Approval of Agenda Jennifer Tanner moved to approve the October 18, 2012 agenda as submitted. Second by David Larson. Motion carried unanimously 5-0. IV. Approval of Minutes: September 20, 2012 Jennifer Tanner moved to approve the September 20, 2012 minutes as amended. Second by Dave Larson. Motion carried unanimously 5-0. IX. Future Projects A. Entrance - US 41 at St. Andrews Discussion Jennifer Tanner moved to request Mike McGee to work with FPL to pursue costs of dropping the overhead electric and the relocate the traffic control box at the corner of St. Andrews and 41 East. Second by Robert Slebodnik. Motion carried unanimously, 5-0. Jennifer Tanner moved to adjourn at 2:50 P.M. Second by David Larson. Motion carried unanimously, 5-0. 1 161c; A114 Z -U0 Iv) 73 0 (-) - r - Q _. D . M D 9:.' cn O q cn m 21 m 7 3 Q 7J '� 0- cD cam) Q r�'• 0 �, O it m m (D p v ld r. y g .. N * r c co °' o � = y y O n3 ( (n m cu• 0o co n O O m m cc n a• -Di D 0 s cn n CD -p ,-. (D to Q° O z-)- 6 ,46 - 00E r c Z c = m o. 00 o v cnm o v -.1. o Q NJO O O O _-�O Q C) R° 5. = 0 73 o Q _O. 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OW ?cn27_3JOOLLO01-F-mmF-QcKF- rNMtt 10 CO',CO O)C S N e)et N C0 n 00 C)Oa-N Ma hCO F-00 O)De-NM NN NNN NN NN N 09 M MM i 1612 A14 Itt GOLF ESTATES BEAUTIFICATION Nt U[STu ADVISQRY GQMMITTEE �� 1 �� ,u,�° 3299 Tamiami Trail East, Suite 103 Naples, Fl 34112 , November 15, 2012 BY: ......,.............._ AGENDA I. Call Meeting to Order Fiala -P ,' Hiller .� II. Attendance Henning Coyle ,■ • III. Approval of Agenda N arLe IV. Approval of Minutes: October 18, 2012 V. Budget Report— Caroline Soto VI. Landscape Maintenance Report— CLM and McGee & Associates VII. Landscape Architect's Report— McGee & Associates A. Pebble Beach Blvd. Lighting VIII. Transportation Operations Report-Darryl Richard A. Project Manager's Report B. Review of the To Do List IX. Future Projects A. Entrance - US 41 @ St. Andrews Discussion X. Committee Reports Durres: XI. Old Business Date: H k CI 11'6 XII. New Business Item* t Ler 2K1.1L I XIII. Public Comments Copies to: XIV. Adjournment The next meeting is December 20,2012 at 2:00 p.m. Collier County East Naples Branch Library 8787 Tamiami Trail East, Naples, FL 34112 161 2 A 15 D ig(NT:q 77 T2 Naples, Florida, December 7, 2011 BY: LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 10:00 a.m. in the Headquarters Library with the following members present: CHAIR: Doris J. Lewis VICE-CHAIR: Loretta Murray Carla Grieve Rochelle Lieb Fiala t' Connie Bettinger-Hennink Hiller Henning_ J�- Coyle ✓ ALSO PRESENT: Marilyn Matthes, Library Director Coletta j(j Kate Albers, Naples Daily News APPROVAL OF MINUTES Mrs. Lewis asked for additions or corrections to the minutes of October 19, 2011. A few minor corrections were noted. Ms. Grieve moved to approve the minutes, seconded by Mrs. Bettinger-Hennink and the motion was carried unanimously that the minutes be approved as corrected. LITERACY PROGRAM REPORT—Mrs. Reiss did not attend and there was no report. REPORT OF OFFICERS It was suggested that articles written by Mrs. Grieve for the Naples Daily News could be mentioned in the minutes. Mrs. Grieve will prepare a 2011 summary of NDN articles. Mrs. Bettinger-Hennink suggested we also include letters to the editor in our minutes. COMMUNICATIONS- None UNFINISHED BUSINESS • Employee of the Month—December o Mrs. Murray nominated Om Dinprasurtsatya for Employee of the Month for December. Mrs. Bettinger-Hennink seconded the motion. Motion passed. o Mrs. Matthes presented options for changing the EOM nomination form. Tanya Salidvar has worked out several options for changing the form.After a discussion,the first option was selected. Ms. Murray seconded. Mrs. Matthes noted that all staff would have to start using the new form effective January. • Fy11 Circulation Mrs. Matthes distributed copies of circulation figures for FY2011. She had been waiting for some electronic information to include before completing the annual circulation statistics.We are having nearly 67,000 items used on-line—a large increase for use of these resources. Mrs. Grieve noted the increase in use of'Mango' in July—after her article had been published in NDN about Mango. Misc.Corres: Date: H I g l l 3 1 Item#: t La 2 I 5 Copies to: I 1612 A15 Electronic usages are double that of last year.We expect additional users after the 2011 holiday season, as more people receive e-readers for holiday presents. Overall both door counts and circulation are lower, due, in part,to reduced hours. Jail is likely not to go 'electronic'.We will continue to provide paperbacks to Jails. Statistics will include the Immokalee Stockade, since it is now open.Jail population is down—as is use of library materials by prisoners. An OCLC report discussed at the last meeting noted that the large group of economically impacted people are using libraries more—but many of these people have left Collier County. An example is the local reduction in construction and agriculture workers. South Regional Library is more seasonal than anticipated, while GG circulation maintains more evenly throughout the year. Mrs. Matthes shared circulation by both patron type and types of materials. Children can get library cards at birth. An lmmokalee High School contract with parents indicates that parents are encouraged to have their children get public library cards. • Facebook Friending Mrs. Matthes did a 'request for legal services' to answer question about LAB members 'friending'each other. The report has not been returned yet. Ms. Bettinger-Hennink noted that the library twitter feed was'awesome'. LAB members want clarity on how to handle social media with other LAB members. Mrs. Grieve noted that she had heard that half of the people on Facebook are under 30. Mrs. Lieb asked for a reminder of her library account and password. Mrs. Matthes will provide the information. • Reserving new DVDs Library will start reserving new DVDs in January. We are not publicizing the change, but staff I will be telling the public about it as they ask. Library is concerned about discouraging people because of potential long lines for new releases.This is a six month trial. DVDs will still check- out for 7 days,with no renewals. Vendors keep changing their policies on how they sell their products to libraries.A DVD vendor is starting to delay shipments to libraries and others that rent DVDs. NEW BUSINESS: #2. E-book briefing: Reference Librarian April Ristau came to demonstrate how to download e-books onto the Amazon Fire.You can download directly to the Amazon Fire, as well as to an I-Pad. She showed members how to start the process on the library's webpage and how to browse through the titles.The website has extensive help screens on the OverDrive website.You can 2 1612 AlS limit your results to titles currently available, rather than scanning through the entire list.We buy only a few copies of titles, so as each title is checked out, no one can use it until that copy is returned just like physical copies. Different devices require different download processes. The website provides a lot of help screens. Materials can be returned early.Amazon will email you when your book is about to expire. April was asked which device she would recommend and answered that after you have downloaded to a particular device people quickly learn how to download to your own device. Library downloads are compatible With most devices. Library has also scheduled multiple help sessions for the public. LAB members thanked April for the demonstration. The e-book proposal was revised at the request of the Friends. Mrs. Grieve expressed the opinion about not being able to keep up with the demand with limited equipment to check- out. She thought there would be too many people disappointed, and that would cause negative feelings rather than positive publicity for the Friends and the Library. Members discussed the 'digital divide' and possible services that could be offered. Multiple devices could be purchased to use as demonstrations and rotated them to each of the libraries for a certain time period. People could try them out in the library. Mrs. Lieb suggested that the Library should be a place to try out new things, including checking them out. Questions concerned how durable the devices are. Staff research has found that other libraries have very few problems with maintenance—including patron damage and loss. Library would preload content onto devices—likely from Barnes &Noble. Mrs. Murray said if we do go forward, 3 devices would not be enough and 3 weeks check-out would be too long. Members asked how the Library would price replacement readers. Mrs. Matthes answered that replacement cost of devices as well as books is the 'list cost', but people can replace with an exact item instead of paying a higher price to the Library. Staff will continue to discuss and come back with a Friends proposal in the future. Mrs. Murray asked what State Aid to Libraries is expected this year. Mrs. Matthes answered State Aid is estimated at about$180,000. E-Rate rebates are available and could be used to partner with the Friends to purchase e-readers, if it is determined to be a desired program. Members concluded that'it is neat'—but potentially unpopular because of wait time. There are also limits on other thing$-such as public use computers. Mrs. Grieve suggested we have a 'show&tell bus'that could go to all locations so that more people could try out the devices when the bus visited each location. This could be a way to get more people to visit libraries. #1. Staffing: Mrs. Matthes has hired to replace Judy Kraycik. Not sure when she will start—probably January.We have also hired a part-time person on Marco, a full-time person at HQ Children's, and Tanya Salidvar will be making a final decision to select a full-time person in Immokalee. We are also interviewing for seasonal workers. Most will be part-time, and work for about 16 weeks from hire date. #3. Calendar: 3 1612 415 Mrs. Matthes presented a proposed calendar for 2012 meetings. Mrs. Murray suggested moving the January meeting up 1 week to January 11, because of Early Voting. The rest of the calendar was acceptable. GENERAL CONSIDERATIONS • Mrs. Lewis asked about whether we're generating much money by charging for computer use for those without library cards. Library staff members encourage people to get a library card rather than paying the$5 to use a computer. Non-resident cards are$10 a month,which include computer use. Mrs. Matthes will check on whether computer generated statistics can answer this question. DIRECTOR'S REPORT • Several staff members attended a webinar on grant applications. Staff is considering applying for a grant to help people apply for jobs. o Ms. Bettinger-Hennink asked about any new webinars Mrs. Matthes would be attending. There are many. Members asked if they were effective. Mrs. Matthes replied that some are excellent—especially if produced by non-profit organizations like WebJundtion and the State Library. Others that sponsor them are partnering with commercial organizations trying to sell products and are more sales meetings than educational. • Library has had some new shelves at Headquarters. The lights for them will likely be installed starting January 16,when the Library is closed for MLK, but open for early voting. • Estate Branch had a problem with chlorine at Estates Branch well—too much chlorine. Facilities are trying to get the chlorine regulated. REPORT OF THE FRIENDS Board meeting is this Friday.January 13, 2012 is the annual appreciation event for Friends members and will be at HQ.You need to RSVP soon to get a spot. Mrs. Lewis asked Kate Albers if she had any questions for LAB. Kate appreciates opportunity to attend, since she is a big user of HQ library. Kate was a buyer for books—and owns too many books. Kate knows most of what is available for check-outs. She likes audio books, DVDs and books, but does not have an e-reader. She would like to do a story about e-readers in libraries. ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Lieb moved to adjourn, seconded by Ms. Bettinger-Hennink and carried unanimously the meeting was adjourned at 11:30 a.m. Approved by: Doris J. Lewis Chair, Library Advisory Board 4 1612 .415 D Naples, Florida, February 15, 2012 BY: LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 10:00 a.m. in the Headquarters Library with the following members present: CHAIR: Doris J. Lewis VICE-CHAIR: Loretta Murray Fiala Carla Grieve Hider Rochelle Lieb Henning -" Connie Bettinger-Hennink Coyle ✓ Coletta ALSO PRESENT: Marilyn Matthes, Library Director Roberta Reiss, Literacy Coordinator Megan Easterly, Naples Daily News • Colleen Greene,Assistant County Attorney Lisseth Weschler, Administrative Assistant APPROVAL OF MINUTES Mrs. Lewis asked for additions or corrections to the minutes of January 11, 2012. A few minor corrections were noted. Mrs. Lewis moved to approve the minutes, seconded by Ms. Bettinger-Hennink and the motion was carried unanimously that the minutes be approved as corrected. LITERACY PROGRAM REPORT—Mrs. Reiss discussed the conversation club.We are adding a second class because 20 more people have joined. o Basic computing courses are getting a lot of support. o Everyone has come back for the second class,for computer training for literacy students. o There will be 4 sessions. It is an hour session and it takes time and people seem to enjoy it. o The book that we are using is called Out and about in the world of computers is for adult learners and for people having difficulties in reading and computer knowledge. REPORT OF OFFICERS- None COMMUNICATIONS- Ms. Grieve mentioned she is pleased with the Naples Daily News and all the good publicity. Ms. Bettinger Hennink was also very happy with the e-reader article. UNFINISHED BUSINESS • Employee of the Month—February o Mrs. Murray nominated Barbara Englund for Employee oliMils&M15ler Ms. Bettinger-Hennink seconded the motion. Motion passed. 'g' o Employee of the year is Catherine Couser. Date: `--I 3 o Pamela Moore was selected as Nominator of the year. Item#: l.oZ�- t 5 1 Copies to: 1612 A15 • Facebook Friending The Assistant County Attorney Colleen Greene, provided information on the Sunshine Law& Public Records Law and it has the basic information that you first need to avoid and beware of: (Hand out provided) o The minutes that are taken at any meeting are automatically considered public information and these minutes are to be kept by the person conducting the meeting. o Create a binder to keep any documents that may relate to the advisory board meeting. o County Attorney's office wants to provide conservative but informative information. o In reference to two or more of the board members going together to another location, everyone should take their own transportation, rather than carpooling. o If you are going to be friends on facebook, there cannot be any discussion about what is discussed in the LAB meetings, or what might come before LAB meetings. o Marilyn advised us that in our next meeting she will be bringing some of our revised polices to be updated. • E-books: Marilyn reported executive board of the Friends has tabled their desire to check out e-book readers at this point. NEW BUSINESS: #1 Budget: Marilyn: there can be a budget cut midyear. Board of County Commissioners will be discussing budget policy at end of February or the first of March. The preliminary discussion is that we need to decrease the budget by 5%.We are already down 30% in staffing from 2007. o The state aid to libraries is$203,000 and is actually about$30,000 more than we expected. o Circulation has been going down. Hours have been decreased and we are buying fewer books. Immokalee Library circulation usage has been going up because of Ave Maria. Tourism is up in general for season, and helps promote library usage. #2 State Aid 2012: o Sierra upgrade should start in October. We are starting to work with the company for the transition. It is our same company and just an upgrade to our software. #3 Staffing: o Marilyn discussed that Tanya Saldivar was in a car accident. She is fine and will be back to work in a couple of weeks. Immokalee is already short of staff. #4 Old Golden Gate Library: o The parks department will start using this facility for their special needs camp starting in April 2012. The senior resource people still have a contract to build an 2 16121115 addition to the new Golden Gate library. They have a couple of more years until this can take place. o There is furniture that can be used by other branches and the parks department. o Facility has a list of repairs. o If the Golden Gate Civic Association asks questions please refer them to Marilyn Matthes. GENERAL CONSIDERATIONS • Mrs. Bettinger-Hennink o I will be doing the Cat in the Hat at Golden Gate Library on Thursday March 1st and also at Golden Terrace on March 2nd o I would also like to thank the person who did the scheduling of volunteer appreciation. The timing is great. DIRECTOR'S REPORT • Mrs. Matthes: We have changed the policy to allow reserves of the new DVD's. It is working well. REPORT OF THE FRIENDS • Mrs. Grieve reported Monday we had the first of the Nick Linn lecture series. There are three more Lectures which are sold out. o The Naples Daily News printed my article about the 551h birthday. o Friends created a brochure for people to make a donation for the anniversary of the Friends, in the amount of$55 or$155 any amount ending in 55. o She also received an e-mail from someone wanting to make a donation of $555. • At the last board meeting of the Friends,we had five new members. The next meeting will be held at the Naples Branch on Friday at 2:00pm. • Bagels and Books is for book club people. This event will be held at the Naples Hilton, on March 5, 2012. ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Lewis moved to adjourn, seconded by Ms. Bettinger-Hennink and carried unanimously. The meeting was adjourned at 11:40 a.m. Approved by: cD ;no Doris J. Lewis r Chair, Library Advisory Board 3 #11 1 6 I 2 pacrwmill DE=C 3 2 1 012 Naples, Florida, September 19, 2012 BY LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 10:00 a.m. in the Headquarters Branch Library with the following members present: CHAIR: Doris J. Lewis— District-4 Fiala t%./ Hiller ... ✓ VICE-CHAIR: Loretta Murray—District-1 Henning Connie Bettinger-Hennink- District- 3 Coyle ✓ Carla Grieve- District- 2 Coletta Rochelle Lieb- District- 5 ALSO PRESENT: Marilyn Matthes, Library Director Lisseth Weschler, Administrative Assistant APPROVAL OF MINUTES Mrs. Lewis asked for additions or corrections to the minutes of August 15, 2012. A few minor corrections were noted. Mrs. Lieb moved to approve the minutes, Mrs. Grieve seconded and the motion was carried unanimously that the minutes be approved as corrected. APPROVAL OF THE MINUTES FOR THE ANNUAL BOARD MEETING Ms. Bettinger-Hennink moved to approve the minutes, Mrs. Murray seconded and the motion carried unanimously. LITERACY PROGRAM REPORT- None wiisc. Corres: REPORT OF OFFICERS- None Date: ' t c+ 113 COMMUNICATIONS- None Item#: t�T-.2-1q ( 5 UNFINISHED BUSINESS Conies to: 1) Employee of the Month—September • Mrs. Grieve nominated April Ristau for the September employee of the month. Mrs. Murray seconded the nomination and the motion passed. 2) Meeting Room Policies • The revised policy Is on the agenda for the Board of County Commissioners meeting to be discussed next Tuesday. The minor corrections were noted for the fee schedule and they were updated. 3) Social Media Update • Rescheduled for next month's LAB meeting in October of 2012. 4) Courtyard Update • Mrs. Matthes mentioned that a new Royal Poinciana tree will be planted in the courtyard area. 1 1612 � 1 � - • Mrs. Matthes recommended there be an approval for a bronze bench which will be a benchmark memorial for Mr. Parks. Ms. Bettinger-Hennink moved to accept this memorial. Mrs. Grieve seconded and the motion carried unanimously. 5) Meeting Room Disclaimer • Mrs. Matthes stated the public service librarians sent a notice to the company renting the meeting room to remind them of the disclaimer notice. The group is now in compliance with library policy. NEW BUSINESS 1) Requirements To Get A Library Card • Mrs. Matthes distributed the library cards policy draft. She will be sending it to the County attorneys for approval and discussing it with the library staff. 2) Collier Connects Activities • Mrs. Matthes will be taking the Grant (this grant is for the work force) to the Board of County commissioners next Tuesday for acceptance. 3) Automation System Upgrade to Sierra • Mrs. Matthes stated that the Sierra upgrade is part of the innovative Interfaces library automation system, and it will go live on November 29, 2012. GENERAL CONSIDERATIONS Ms. Bettinger-Hennink stated that when you reserve an E-book on line, the e-mail telling you it is available does not reference Collier County or the Library as the subject. This can be a problem because the person receiving the e-mail would not know who it is coming from. DIRECTOR'S REPORT Mrs. Matthes reported the following: Current Statistics: • Mrs. Matthes distributed a list indicating that the library headquarters branch was affected by early voting. We still show a circulation increase system wide. Staffing updates: • Lisseth Weschler's previous part-time position will be a fulltime position now. To do this Lisseth Weschler's previous part-time position and Marco Islands part-time position were combined to make one fulltime. Position has been advertised. 2 1612 A15 Issues: • Mrs. Matthes would like to hire high school students to work part-time. She will research for appropriate grants. • Senior Resource Center would like to use the old Golden Gate library for non-profit organizations serving seniors. Mrs. Matthes would like the Parks and Recreation Department to also continue using the building for the special needs camp over the summer. REPORT OF THE FRIENDS Mrs. Grieve stated the following: • On September the 11th the Board of County Commissioners presented the proclamation for the fifty-fifth anniversary of the Library to Mrs. Grieve, Mrs. Jane Parks, Bill Poppalardo and Marilyn Matthes. • The Friends Newsletter will be going out next week. • The Red, White& Roulette fund raiser will be on November 2, 2012, at the Waldorf Astoria. • The first Friends board meeting will be in October 19, 2012. ADJOURNMENT There being no further business to come before the Library Advisory Board. Ms. Bettinger- Hennink moved to adjourn, Mrs. Murray seconded and the motion was carried unanimously. The meeting was adjourned at 11:30 a.m. Approved by: • Doris J. Lewis Chair, Library Advisory Board 3 1612 A IVNTRMVIR OCHOPEE FIRE CONTROL DISTRICT 1A N" a, � ADVISORY BOARD MEETING HELD ON SEPTEMBER 10, 2012 BY: °°•° ............•s The following were in attendance: Alan McLaughlin, Fire Chief, Ochopee Fire Control District Caleb Morris, Captain, Ochopee Fire Control District Ronald Gilbert, Chairman, Port of the Islands,Advisory Board Member Tony Davis, Port of the Islands Advisory Board Member Frank Hawkins, Port of the Islands Advisory Board Member Fialav° Hiller V McBeth Collins, Everglades City Advisory Board Member Henning Coyle The meeting came to order and then roll call of the attendees. The meeting minutes of 8-13-12 were signed with no changes. OLD BUSINESS DOF, SAFER& FEMA Grant Updates: Chief McLaughlin —The DOF Grant was approved and will be used for foam. We have applied for the SAFER Grant it is a 100% funded. Under the new hire stipulation of the grant it is 100% funded for two years and we do not have to retain any of those individuals after expiration of the grant. We have asked for $918,000 for six people and that includes salaries, benefits and FSLA overtime but it does not include uniforms. It does include personal protective wear but not uniforms. We have applied for it and it should open up again late in the fall. That would give us two additional personnel per shift which would virtually eliminate our overtime and our job banking for two years which is $45,000 of our budget. It also allows us just about 100% of the time to comply with the NFPA 1720 assembly requirements for the District. Tony Davis—You said two people per shift would that be traditional type firemen. Chief McLaughlin- Yes Firefighter EMTs just like we hire. The employees through the grant are not FTEs through the county they are more or less contract Firefighters. They sign a document when they are hired that their employment is for the term of the grant. Macbeth Collins—They are like a free agent. Misc. Corres: Page 1 Date: L1 1� 113 Item#: 1 LIZ 2—A-1 Le Copies to: 1612A6 Chief McLaughlin—Yes, in fact the question came up if they could join the union which he did not believe they could because they are not County employees they are contracted and paid through the grant. They are not entitled to regular overtime because that is paid with tax dollars and there is no provision in the grant for that. The only overtime they cover is FLSA overtime which is 53 + 3 in a work week which is part of their salary. He feels we will have some relief in the budget approximately $20,000 in overtime and $30,000 in Job Banking every little bit helps. It will be less of a burden to the County they will be able to lessen the amount of in lieu of tax funds that they are giving us to keep our budget going. Ron Gilbert—We never did hear anything from the insurance company. Tony Davis— He called the insurance company again last week but he has not heard back from any one yet. Chief's Report: We are experiencing the same number of calls there has not been any changes. The monthly report for training prevention is in the report. We had one on site pre-application for the Copeland Plant but that is for the exception they are upgrading the well. The Mayor just needs a letter stating that they were exempt from having hydrants out there. We did 389 hours of training with a record of 299 for all individuals for the month. He went over the call load on the report. The 1-75 calls in the report were down which is highly unusual. That concludes the Chief's report. NEW BUSINESS Tropical Storm Isaac: Chief McLaughlin — We survived Tropical Storm Isaac quite well we did double up for three or four hours on Saturday to hold over the shift so that we could pack up items. We rented a truck to carry the items so they could be taken away to a safer spot. We kept a shift over late Sunday night anticipating a change in the storm direction which did not happen. Ron Gilbert—Did you have any flooding. Chief McLaughlin — We had some flooding in Everglades City and in Goodland. Even though Goodland is not in our District we were asked to take a look. The south end of Everglades City experienced some flooding. We have received some FEMA reports that the Mayor of Everglades City has applied for compensation. The FEMA adjusters have already been down to assess the area. Page 2 1612416 Ron Gilbert—The prevailing south wind kept the water up here a long time. Chief McLaughlin — With the high tj,► e it kept pushing it in. We were at the Plantation bridge and high tide was supposed to be at noon about 20 minutes after high tide it was still roaring under the bridge. We survived it well and we have turned in paper work regarding our expenses during the storm. We purchased approximately $74 of lumber to get some equipment off the ground and rented a moving truck that did not come out of our budget the rest will be overtime. Ron Gilbert—Have you ever considered making this the main station here because of elevation. Chief McLaughlin—Yes. Ron Gilbert—And? Chief McLaughlin— It is not politically acceptable at this time. Ron Gilbert—Safety wise. Chief McLaughlin — We have talked about moving the administrative office only down to this building here and that will depend on the building in Everglades City as it continues to age we are still having rat problems in the attic. If we get flooded again like the last time we will have to consider some alternative. The other thing is if we get the man power in we don't have any where to house the people unless we open our side up. The ultimate goal is to see if Everglades City could get a grant to replace the fire station. It is tough being on an island in a flood plain. The building needs to be elevated. Ron Gilbert—You had water in the station during Wilma right? Chief McLaughlin — Yes and we received the low end of the storm surge we had about ten inches in the station. At Lost Mans Pass the buoys registered 16 feet of water that would have put us to the second floor. During Donna they had 16 feet of water it was up to the roof tops of the houses. Actually the waterlines were recorded at City Hall and it would have been over our roof. It did not flood in Ochopee during Donna. McBeth Collins— He said during Wilma was the highest he had seen it in Everglades City but his parents would probably say Donna was higher. Chief McLaughlin — He spoke to Sammy Hamilton he said the water was at the bottom of the second floor that puts it at 16 feet roughly. McBeth Collins—He said it was waist deep he had never seen it waist deep before. Page 3 1 6 I 2 A16 Chief McLaughlin - We have a contingency plan because we know it floods here and usually a category three hurricane will bring in at least 16 foot of water. All of the office files and important items are evacuated out of the station. If we are going to get a straight hit from a hurricane then we would go up to 1-75 and stay at the rest station until the storm moves on. Going to town would be a problem if we went to the EOC we might not be able to get back out. Ron Gilbert—Wilma was a category three. Chief McLaughlin —Yes, Donna was a little stronger. He received an e-mail from Jim Simmons's daughter Carol that he had become ill while visiting them. She said he was in intensive care and that he might not be coming back. He obtained the address of the facility where Jim Simmons has been admitted in case they wanted to send a card to him. We went through our first budget review last week three of the board members approved it one did not and one board member was absent. We are assuming at the next meeting there will be more. But we don't anticipate the budget changing. We actually did very well this year with our budget but we won't know until the end of the year. We have at least twice as much in our savings this year than last year. We are finishing up some of the items that have to be repaired. If we have $60,000 in carry forward this year we will see that in the 2014 budget. We do have some projects coming up in this next budget year. We have some issues with equipment and we 'gave been some grant money to resolve the problem but we are going to look at /! 'i'`some different avenues.r got the go ahead to pursue a loan to refurbish the marina at Port of the Islands. He is in the process of tracking down who in the County would handle this issue. We have two trucks coming off a lease purchase which is $45,000 a year and we are paying $16,000 a year leasing rooms for fire personnel at Port of the Islands. If we took a loan out for 7 years we could cover it. The expense would be same as carrying forward the lease purchase and the lease at Port of the Islands. Potentially we could do this with no change to the budget. We are in the prece:cifig of pursuing that it will get us moving on this facility it looks like that is the only way it is oing to happen. /ocess GI,�� e-hpe Frank Hawkins — Have you considered remodeling the Station at Port of the Islands so that it could be the storm command center. / � Chief McLaughlin — Yes, but the only concern I would have/debris and where we would put the vehicles obviously we would not be able to get them all inside. It would also depend on the wind velocity. If it were a category two we might split our resources up. This time we split some of our resources we kept some people at Port of the Islands and some at Ochopee. We can't put everybody at Ochopee. Frank Hawkins— Is a backup generator included in the building plans? Chief McLaughlin—Yes. Page 4 1612416 Ron Gilbert--Actually if Everglades City gets shut down you could operate out of here. Chief McLaughlin — Another justification for this station is if the building at Everglades floods out we have pot where to go. We can use Ochopee as a fall back but it would be difficult to operate out of that station. The premise would be as soon as we get this station done it could be our fall back. We could move our administration to the Port of the Islands station and the crew could stay at Ochopee. The building that the Everglades City Fire Station is in belongs to the City of Everglades not to the District we are just renting it for a dollar a year under an MOU that was installed in 1992 which is going to expire this year. Frank Hawkins—Wouldn't the Port of the Isles Fire Station be first in restoration with LCEC? Chief McLaughlin—Said yes, because this is a primary site facility. McBeth Collins — With Hurricane Wilma we were the first with power restoration in Collier County. Chief McLaughlin — With Wilma I was without power for seven days and eleven days with Charlie and I was in the City of Naples. A motion was made to adjourn the meeting it was seconded and passed the meeting ended. It//Genifijsi—S Ronald Gilbert, Chairman Ochopee Fire Control District Advisory Board Page 5 t612 A16 OCHOPEE FIRE CONTROL DISTRICT r ADVISORY BOARD MEETING HELD D 3 M It ON NOVEMBER 13, 2012 DEC 1 1 1012 Si BY: The following were in attendance: Caleb Morris, Captain, Ochopee Fire Control District Ronald Gilbert, Chairman, Port of the Islands, Advisory Board Member Tony Davis, Port of the Islands Advisory Board Member Fiala Frank Hawkins, Port of the Islands Advisory Board Member Hiller ---- Henning ROLL CALL OF ATTENDEES: Coyle ✓ Goliega- The meeting came to order and then roll call of attendees. APPROVAL OF MINUTES FOR 9-10-12: The meeting minutes of September 10, 2012 were approved with corrections. OLD BUSINESS: 1. DOF, SAFER& FEMA Grant Updates Captain Morris —We were awarded the DOF Grant it is a 50/50 grant and we will use it to buy Foam for the Engines. We are getting low on foam because we use it for brush fires but that is why we can purchase it on the Division of Forestry Grant. If you can tie it to wild land firefighting you can use the Forestry grant to purchase supplies and equipment. We use a lot of foam fighting on brush fires. The update on the SAFER and FEMA Grant is that the County gave the Chief the go ahead to pursue these two grants. We are still in the application process and we have not been cut yet. Tony Davis—What is that targeted for? Captain Morris — The SAFER Grant supplies man power for two years and if you cannot hire them after that time period you can re-apply for the grant. It is temporary man power. We are doing this prior to the 1-75 go ahead this way we can get the man power on. Tony Davis — As discussed in the previous meeting they would be contract employees not county employees and they would not be paid overtime. Page 1 Date: L4 I g 1 0 Item#: 11-12S2-K11L Copies to: i612t6 Captain Morris — Yes there is no overtime and they know that up front. All the Fire Departments are using the SAFER Grant to keep their Departments going so they can keep personnel. If you can prove you are under manned and can't adhere to the two men in two out rule then you can apply. You are supposed to have two men ready to go in to a structure fire once the two that went in come out they are supposed to be on scene not in route. If you don't have the personnel you can't go in the building you have to wait until the additional personnel arrive. This will add man power in the mean time. The County was a little confused about it but the Chief explained how the grant works. The County didn't like putting people on temporarily then laying them off. It was explained to the County Officials that the employees will know up front what the terms of their employment will be and that it is temporary. Also the County was informed that several Fire Departments are using the SAFER Grant and in some cases have been awarded the Grant two to three times. Ron Gilbert—Your only expense is the salary you aren't paying benefits. Captain Morris—We aren't paying them FEMA is. The only thing we have to do is provide them with clothing and protective gear. We already have plenty of protective gear. Tony Davis— He hopes we get the grant he keeps hearing that FEMA is broke. Captain Morris—This Grant is given out each year so we applied for it. 2. Still need to fill James Simmons position on the Advisory Board Ron Gilbert— He spoke to someone that might be interested in serving on the board and asked if anyone else had some one. Frank Hawkins — He asked how are the communities in the District are represented because most of them are from here. Captain Morris—We can try to solicit people from other parts of the District. Ron Gilbert— If you and the Chief don't have any one you want to pursue in Everglades City or that area. But I do have some one that might be interested. Tony Davis—I could ask Bob Miller but he doesn't live in the District he is just a business owner. Don't you have to live in the District? Captain Morris—Yes, I think so. Page 2 1612416 Captain Morris—He does own all that property. Tony Davis—He does have a condo at the Estuaries. Captain Morris—I will have to check into it. Ron Gilbert— He gets a tax bill from the District so I think he could apply. So I will hold off on my candidate until you can find out whether he is eligible or not. Captain Morris—We used to have a representative from each community. Ron Gilbert—That would be more representative of the District. 3. 1-75 (Construction Meetings regarding the building of station 63 are to begin tomorrow still working on operational funding.) Frank Hawkins -- Since this is old business does that mean tomorrow or is this referring to an older date? Captain Morris — Tomorrow means 11-14-12 the Chief, Hank Jones, Dan Summers and DOT representative are going to this construction meeting in regards to the I-75 station to iron out the problem of operational funding. DOT was under the impression that they were not funding it operationally even though it was in the proposal. They had no problem building the building but not funding it operationally. They couldn't understand why they had to fund it operationally but in the proposal it said 100%funded. Ron Gilbert—If you don't have ongoing funding what do you have? / Captain Morris—It is supposed to be 100%funded. l/'�h de_ sus Frank Hawkins—lobe a ' e build✓ o useorag_ 4. The Board of County Commissioners Approved Funding for the Port of the Islands Station today 11-13-12. Ron Gilbert—That was a unanimous vote and is going to be funded through option three of the proposal. Option three is to take residual pilt money in 2013 and borrow the balance from general fund to be paid back by the District. Tony Davis—Told the other board members he could provide the link if they wanted the details of the Board of County Commissioners meeting regarding this issue. Page 3 , 16L2i6 ., . .Frank Ha ss — He underst d that we were r-a. to go that th:)44 were nd the contractor Id_be on site ' t weeks. Ron Gilbert—Spoke to the gentleman that is going to handle the refurbishing of the station he said it went from $400,000 to $600,000 that the initial estimates are three years old. So yes all of that has been going on and it was his understanding from what he heard after the meeting by the people involved that they are ready to move forward on the building. Captain Morris—They change vendors and the last people that gave the bid were Brandana but it has been re-bid by Surety Construction they are going to do the work. Frank Hawkins— Is it possible that the construction could interfere with the marine operations? Captain Morris—The only thing I could foresee is part of the area closed off during construction but it should not affect the operations of the marina. They are going to re-do the parking lot, hedges, fence and inside the building. Ron Gilbert—Everything has been done up to submitting a request for a bid. Captain Morris—Everything has been done, architectural plans and permits. Ron Gilbert—Is there an estimated construction date. Captain Morris—No not yet. NEW BUSINESS: 1. Ron Gilbert and Tony Davis are due to renew their Advisory Board positions Ron Gilbert—He has renewed his position on the Advisory Board and he asked if Tony Davis has renewed. Ton Davis — He has renewed his position on the Advisory Board as well but he has not heard back from any one. Ron Gilbert—He has not heard back from the County about his renewal either. Ron Gilbert— He asked Linda to check on why they have not heard back from the County about their renewals. Frank Hawkins—How long is our tenure here how does that work. Page 4 1612 A 16 Ron Gilbert—Your term is two years and you will get a letter from Leo Ochs saying your term is expiring please complete the form or you can do that on line. Tony Davis—Said they had him down as expiring December 2013 but Linda was told a different story so 1 filled out my forms and reapplied. Captain Morris—They won't replace you even if your term has expired. Tony Davis—We both are good on that we have re-applied. 2. Functional consolidation of Isles of Capri and Ochopee Fire Control District Ron Gilbert— He didn't even know this was even being discussed. Captain Morris—This is an administrative consolidation. Ron Gilbert—I thought he was doing that already. Captain Morris—He has been but unofficially. Tony Davis—They are just making it official. Captain Morris — The Isles of Capri Firemen will be at Isles of Capri and Ochopee Fire Control District Firemen will be at Ochopee Fire Control no equipment exchange just administratively. Tony Davis—The Chief will have the same personnel that he has now. Captain Morris—Yes,just like he is doing now. Isles of Capri is going to get a Division Chief and we are going to get a Division Chief here. Tom Purcell who works at Isles of Capri now is going to be the Captain of both places. So in reality we are gaining a man at Ochopee Fire Control. Ron Gilbert—You will retain Captain won't you? Captain Morris—No my position will go away I will be promoted to Division Chief. Tom Purcell will be a Logistics Training Captain. Ron Gilbert — I would imagine that does not make the Chief real happy is that an ongoing situation it was presented to him as being temporary. Captain Morris—The County wants to move forward to make this a permanent situation. Page 5 161 A16 Frank Hawkins — The synergy of consolidation has always made sense as long as you are not running it into the ground. Ron Gilbert — You are doing some restructuring with one Chief and a Junior Chief over each Department. Captain Morris— He is also talking that the Logistics Captain would possibly be stationed at Port of the Islands his office would be here so we will actually gain another person that will be at our disposal. 66� 3. The Rescue B -just received its annual maintenance Ron Gilbert—He hoped the rescue boat passed its annual maintenance. Frank Hawkins—What is the rescue boat and where is it. Captain Morris—It needed some major service work. Ron Gilbert — That rescue boat is probably in Everglades City because it is probably used exclusively in Everglades City. You used it when you had the fire on the Island over there. Captain Morris—Yes, there is more to the story of the Fire Boat. The Chief and I thought it was just the Districts fire boat we were using it for mutual aid. When the island was developed the developer paid for half the fire boat and the County paid for the other half so it more or less stays local. But if something happens at Port of the Islands on the water we are coming. There is a marine emergency response team in the County and there is always two fire boats that go on every call. So if some ones boat was sinking in the channel at Port of the Islands our boat would respond and so would Marco Island. Marco Island just obtained a $500,000 fire boat. 4. The yearly apparatus checks will begin tomorrow Ron Gilbert—What are yearly apparatus checks. Captain Morris —We do complete pump test on the trucks where we push the pumps to their maximum limits and if they fail the truck has to go in and have the pump repaired if it passes then it is good to go for another year. Ron Gilbert—So it has to maintain pumping at a maximum limit for so many minutes. Captain Morris— It certifies that we pump tested this truck and it did its capacity for the length of the test. We have already done Capri's trucks so we are going to do ours tomorrow. Page 6 16L2A16 Frank Hawkins— When we have the permanent fire station here can we request an update on our insurance rating. Captain Morris — You could make a request with the local insurance company about changing your insurance rates once there is a permanent fire station. I don't know if the insurance companies are honoring the rates with just the personnel and the engine here now. Ron Gilbert—Some insurance companies will lower their rates with the coverage we have now some won't until there is a permanent fire station it depends on the company. Frank Hawkins—He said it varies. Ron Gilbert — We'll get them to write the letter like before stating that there is now a permanent fire station in the area. Captain Morris — Now lowering the ISO that is a whole other situation and we are working on that right now it is a process that takes years they will come down here for a week digging through our records. We are in the process of getting the information together and we have to do the whole District you can't just do areas. Tony Davis—Some carriers will not change their rates until the ISO list it in their books. Captain Morris—A lot of insurance companies call the station and will make a judgment just by the information you give them over the phone. What difference does the building make if the personnel are here,the vehicle is and the hydrants. Frank Hawkins—Maybe they think temporary means they could be gone it could change. Captain Morris—Yes, we could send the letter our and do all of this and then things change the service could be gone. Ron Gilbert—They will feel a lot more comfortable when the permanent structure is here. A motion to adjourn was made it was seconded and the meeting ended at 4:35PM. /e- AV- w, r//in , 5e ,7/S , Ronald Gilbert, Chairman Ochopee Fire Control District Advisory Board Page 7 16 1 r2 q 4a3Rwirgnii PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MINUT J AN 0 2 2012 �! WEDNESDAY,SEPTEMBER 5,2012 LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Regular Sessiiil►�Sn..Weduesdayi, September 5, 2012 at 1:00 PM 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 Fiala John P.Chandler absent Mary Anne Womble Geoffrey S.Gibson John Baron absent Hiller ✓ Henning 1 John Iaizzo Hunter H.Hansen absent Coyle Michael Levy Offfetta 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 Tim Hall, Senior Ecologist&Principal,Turrell,Hall&Associates,Inc. Jim Hoppensteadt,President,Pelican Bay Foundation Kathy Worley, Co-Director Environmental Science&Biologist,Conservancy of Southwest Florida AGENDA 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of August 1 Pelican Bay Services Division Board Regular Session Minutes 5. Administrator's Report a. Crosswalks i. Revised decibel readings report ii. North Tram station visibility improvements iii. North Tram pedestrian crossing signal WiiSC. Correa: iv. Myra Janco Daniels crossing b. Landscape intersection improvements Date: 91 c■113 c. County's Pelican Bay Boulevard pathways"overlay" d. Berm Item#: pt' 1�- i. South berm restoration ii. North berm maintenance Copies to e. Board of County Commissioners Budget Hearing/Sept.6 at 5:05 p.m. f. Clam Bay Work Group meeting recap g. Monthly financial report 6. Chairman's Report a. Committee assignments b. Announcements 7. Committee Reports a. Clam Bay Subcommittee i. Clam Bay bird&fish survey ii. Subcommittee mission statement;proposed name change for Board review(Levy) b. "Pathways"Ad-Hoc Committee(Dallas) 8. Old Business 9. New Business a. Clam Bay copper impairment/Landscape Water Management Subcommittee(Tom Cravens) b. Clam Bay dredging permit(Marcia Cravens) 10. Audience Comments 1 1. Miscellaneous Correspondence 12. Adjournment 8567 i Pelican Bay Services Division Board Regular Session Minutes 16 I 2 A 17 September 5,2012 ROLL CALL Seven members were present (Cravens, Dallas, Gibson, Iaizzo, Levy, O'Brien, Womble) and four were absent (Baron, Chandler,Hansen,Trecker). AGENDA APPROVAL IVice Chairman Cravens made a motion, second by Ms. Womble to approve the agenda as presented. The Board voted unanimously in favor and the motion was passed. APPROVAL OF AUGUST 1 REGULAR SESSION MINUTES IVice Chairman Cravens made a motion,second by Mr.Levy to approve the August 1,2012 Pelican Bay Services Division Board Regular Session minutes as presented. The Board voted unanimously in favor and the motion was passed. AUDIENCE COMMENTS Mr. Jerry Moffatt and Ms. Mollie Moffatt alleged the Board made arbitrary decisions regarding tree removal by authorizing tree removal at the North Tram station, but not at the intersection of Hammock Oak and Pelican Bay Boulevard. However several trees were removed on Hammock Oak. Chairman Dallas explained staff made a reasonable decision to remove three trees on Hammock Oak to improve visibility heading north. However Mr.Iaizzo did not agree. ADMINISTRATOR'S REPORT CROSSWALKS REVISED DECIBEL READINGS REPORT Mr. Dorrill explained staff repeated the sound testing at Beachwalk and North Tram station crossings that have cobblestones installed; and for comparison purposes, on Pelican Bay Boulevard at the intersections of Gulf Park Drive and Crayton Road that do not have cobblestones. Decibel readings were higher than the original tests that could be attributed to the wind,but again were insignificant.Board consensus was to delay further discussion until November. NORTH TRAM STATION VISIBILITY IMPROVEMENTS Mr. Dorrill reported that landscaping improvements are underway at the North Tram station to improve line-of-sight; and project should be complete in approximately ten days. Ms.O'Brien asserted there were additional line-of-sight issues from the south heading north. PEDESTRIAN CROSSING SIGNAL AT NORTH TRAM STATION UPDATE Mr. Dorrill referred to photographs of the type of pedestrian crossing signal that he recommended be installed at the North Tram station. The signal is self-contained, affixed to a single post, flashes an amber-light, pedestrian-activated by pressing a button, solar-powered with a wireless transmitter and receiver; and the County agreed to maintain it. Staff estimated the County would issue the right-of-way permit next week and it would be thirty days until equipment is received. IVice Chairman Cravens made a motion, second by Mr. Gibson to install four self-contained pedestrian-activated crossing signals at the North Tram station. The Board voted unanimously in avor and the motion was assed. MYRA JANCO DANIELS CROSSING Mr.Lukasz reported the right-of-way permit should be issued next week and project complete in thirty days. 8568 i 1612 A117 Pelican Bay Services Division Board Regular Session Minutes September 5,2012 LANDSCAPE INTERSECTION IMPROVEMENTS The Phase II landscape intersection improvements in the medians at Myra Janco Daniels, Crayton, Glenview, North Pointe,and Hammock Oak are complete.A significant amount of money was saved because the work was done in-house. COUNTY'S PELICAN BAY BOULEVARD PATHWAYS"OVERLAY" Mr. Dorrill reported the pathways overlay is in progress. He was pleased with the work and expects the project complete by the end of September. Chairman Dallas presented before and after pathways photographs. He was also pleased with the work. Mr. Moffatt reported that County crews working on the pathways damaged L'Ambiance irrigation heads as well as Asiatic Jasmine beds at Hammock Oak and Oakmont and denied responsibility for repairs. BERM SOUTH BERM RESTORATION Mr. Dorrill reported that although the Board of County Commissioners approved Quality Enterprises' contract via the County Manager"in absentia" on August 14, the County failed to execute it. As a result, the project's start date was delayed. However Mr.Dorrill would resolve as early as today and no later than Tuesday, September 11 so the project does not need to be further postponed.During the construction period the entire south berm facility will be closed and for safety purposes, a locked fence will be built around the site perimeter. The work will take approximately sixty days and the project should be complete before Thanksgiving. NORTH BERM MAINTENANCE Mr. Dorrill explained that several months ago, Vice Chairman Cravens observed erosion on the east and west sides of the north berm. Currently, staff is performing minor maintenance work. Certain sections of the north berm would be closed temporarily.However this is a short-term project and he expects work to be complete this month. He added that staff is holding off on major restoration because the volume of fill necessary would require similar permitting to the south berm restoration project and could cost upwards of$250,000. BOARD OF COUNTY COMMISSIONERS BUDGET HEARING/SEPTEMBER 6 AT 5:05 PM Mr.Dorrill announced that he will attend the Board of County Commissioners Budget Hearing on September 6 at 5:05 p.m.to present the Pelican Bay Services Division's Fiscal Year 2013 Proposed Budget. Vice Chairman Cravens made a motion, second by Mr. Levy that the Pelican Bay Services Division Board reaffirms support for the original Fiscal Year 2013 Proposed Budget that was recommended by the Budget Subcommittee, approved by the full Board and submitted to the Board of County Commissioners. The Board voted unanimously in favor and the motion was passed. CLAM BAY WORK GROUP MEETING RECAP Mr. Dorrill reported that he and Chairman Dallas attended a Coastal Zone Management department staff meeting and were briefed on a variety of Clam Bay issues including water quality. The Florida Department of Environmental Protection (FDEP) found elevated levels of copper in Clam Bay which could be attribute d to copper sulfate. The Services Division uses copper sulfate to treat algae and is exploring alternative algae treatments. Staff discovered a device that uses ultrasonic wave technology to break apart algae at the molecular level without harming the surrounding environment. There is a direct correlation between fertilization and elevated nutrient levels in adjacent waterways. Fertilizer is applied heavily in October and November and he suggested the Board consider testing the ultrasonic device at that time in several locations. Staff will gather more information about the device including short-term leasing options and report back. 8569 i 1612417 Pelican Bay Services Division Board Regular Session Minutes September 5,2012 Ms.O'Brien was concerned that there was no record or minutes of the meeting. Mr. Dorrill clarified that the meeting was not a public meeting, so minutes were not taken, but staff would obtain the material presented from Mr.McAlpin and distribute to the Board. Ms.Marcia Cravens alleged Mr.Gary McAlpin was developing a Clam Bay management plan covertly. Ms.Womble explained department-levels staff meetings are routine and necessary to evaluate issues before bringing to higher-ups; and suggested Ms. Cravens file a complaint with the appropriate entity if she feels Mr. McAlpin's conduct is unethical. Mr. Dorrill further recommended that Ms. Cravens request from the Coastal Advisory Committee (CAC) that Mr. McAlpin present staff-level work group reports at CAC public meetings. FINANCIAL REPORTS Vice Chairman Cravens made a motion,second by Mr. Levy to accept the August 2012 financial report into the record. The Board voted unanimously in favor and the motion was passed. CHAIRMAN'S REPORT COMMITTEE ASSIGNMENTS Chairman Dallas assigned Mr. Levy to the Clam Bay Subcommittee; Mr. Chandler to the Landscape Water Management Subcommittee; and appointed Ms. O'Brien as Interim Chairman of the Clam Bay Subcommittee until the Subcommittee could decide. BOARD TERMS As five members terms are expiring in March 2013,the Board briefly revisited the possibilities of staggering terms and advertising openings. ANNOUNCEMENTS Chairman Dallas announced upcoming meetings: Coastal Advisory Committee meets September 13 in the evening; Pelican Bay Foundation Board meets September 21 at 8:30 a.m.; the"Pathways" Ad-Hoc Committee meets September 24 at 3 p.m.;and the Services Division Board's next meeting is October 3. COMMITTEE REPORTS CLAM BAY SUBCOMMITTEE SUBCOMMITTEE RESPONSIBILITIES/CLAM BAY BIRD AND FISH SURVEY Mr. Levy explained several years ago, the County reduced many of the Pelican Bay Services Division's Clam Bay funds and responsibilities and shifted those funds and responsibilities to another County entity. As a result,the Services Division does not have sufficient funds available to perform additional studies, such as a bird and fish survey. Several Board members were less concerned about cost and agreed that a bird and fish survey was within the realm of Clam Bay Subcommittee responsibilities. Ms. Kathy Worley, Conservancy of Southwest Florida explained that prior to submitting a proposal to perform a bird and fish survey she needed to know what the Services Division's objectives were. She recommended that the Clam Bay Subcommittee meet to define the objectives for performing a bird and fish survey and once those are established she would submit a proposal with the cost. Mr.Tim Hall agreed. The Subcommittee decided to schedule a meeting to develop objectives for a bird and fish survey and eventually make a recommendation to the full Board. Interim Chairman O'Brien requested Ms. Worley and Mr. Hall participate, as well as Ms. Cravens who Interim Chairman O'Brien tasked with developing an outline of fish and bird survey objectives. 8570 I Pelican Bay Services Division Board Regular Session Minutes 16 I Al ? September 5,2012 "PATHWAYS"AD-HOC COMMITTEE(KEITH DALLAS) Chairman Dallas explained that on September 24 at 3 p.m.,the"Pathways"Ad-Hoc Committee will meet to review the proposed approach for studying pathways and trees and decide on the recommendation to make to the full Board on October 3. The proposal would be distributed prior to the meeting. NEW BUSINESS CLAM BAY COPPER IMPAIRMENT/LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE Vice Chairman Cravens announced the Landscape Water Management Subcommittee would meet Thursday, October 18 at 1 p.m. to discuss educating the community about landscaping best management practices and water quality issues including Clam Bay copper impairment. Ms. Worley explained that in a water body, copper sulfate does not dissolve; it sinks to the bottom and binds to the sediment;the sediment must be removed to eliminate the copper. Mr. Hall said he is not available to participate on October 18, but if the nutrient study data is prepared Mr. Hoppensteadt would distribute to the Subcommittee. CLAM BAY DREDGING PERMIT(MARCIA CRAVENS) Ms.Marcia Cravens presented information that she had previously put forward at the June 4 Clam Bay Subcommittee meeting regarding the Clam Bay dredging permit alleging the permit application allows for more extensive dredging and wider cuts than what was permitted in 1998 and requested the Board's support. Chairman Dallas informed Ms. Cravens that the Clam Bay Subcommittee already addressed this issue and decided not to take action. Ms. Womble agreed that the Clam Bay Subcommittee would need to discuss whether to re-address this issue; and requested that future agenda items include first and last names so it is clear who is presenting an item. AUDIENCE COMMENTS Ms.Mollie Moffatt was concerned about traffic and the tree trimming schedule. Mr.John Domenie was not pleased with the yellow bromeliads planted at intersections along Pelican Bay Boulevard. ADJOURNMENT IVice Chairman Cravens made a motion to adjourn. The motion was seconded and the Board voted unanimously in favor. The motion was passed and the meeting was adjourned at 3:41 p.m. &_i--(41i I_ ._ Keith . D alias,Chair a. Minutes by LRJ 9/13/2012 2:37:39 PM 8571 i 161 2 Al ? 7r r 0 u JAN n 2 2012 � AD-HOC COMMITTEE TO DEVELOP AN APPROACH FOR STUDYING PATHWAYS 44.1REES OF THE PELICAN BAY SERVICES DIVISION BOARD MEETING MINUTES 0 7Y MONDAY,SEPTEMBER 24,2012 LET IT BE REMEMBERED that the Ad-Hoc Committee to Develop an Approach for Studying Pathways and Trees of the Pelican Bay Services Division Board met on Monday, September 24, 2012 at 3:00 PM at the Community Center at Pelican Bay,8960 Hammock Oak Drive,Naples,Florida. The following members were present: Ad-Hoc Committee to Develop an Approach for Studying Pathways&Trees Keith J.Dallas,Chairman Dave Trecker Tom Cravens Mary Anne Womble Pelican Bay Services Division Staff W.Neil Don-ill,Administrator Mary McCaughtry,Operations Analyst absent Kyle Lukasz,Operations Manager Lisa Resnick,Recording Secretary Also Present / John Iaizzo,Pelican Bay Services Division Board Fiala 0 " Susan O'Brien,Pelican Bay Services Division Board Hiller 14 in the audience Henning T)7 ROLL CALL Coyle ✓ All Ad-Hoc Committee members were present. DISCUSSION OF DRAFT APPROACH FOR STUDYING PATHWAYS&TREES Chairman Dallas presented the proposed draft approach to study pathways and trees. SELECTION OF CERTIFIED ARBORIST Mr.Don-ill reported that Ms.Ellin Goetz,the Board's Landscape Architect recommended selecting certified arborist Mr.Ian Orlikoff,Signature Tree Service who is the same arborist Mr.Richard Galli hired to evaluate trees along Pelican Bay Boulevard.Mr.Dorrill attempted to contact Mr.Orlikoff to discuss interest in becoming the community arborist and potential tree service contractor-type conflicts and planned to provide report on October 3. The Committee directed staff to prepare and distribute on October 3 additional background information about Mr.Orlikoff and Mr.Doug Caldwell,Institute of Food and Agricultural Sciences(IFAS). AUDIENCE COMMENTS The audience supported the approach and plans to conduct a community survey. DECISION ON APPROACH FOR STUDYING PATHWAYS&TREES TO RECOMMEND TO FULL BOARD The Committee discussed the draft approach for studying pathways and trees and plans to conduct a community survey regarding pathways usage and preferences for marking bicycle lanes in the roadway. The Committee was pleased with the draft approach and agreed the study would take two years to complete. Dr. Trecker made a motion, second by Ms. Womble that the Ad-Hoc Committee make a recommendation to the full Board to approve the pathways project outline as presented with an understanding that the survey would be expedited and the entire process completed by the end of the 2014 season. The Committee voted unanimously in favor and the motion was passed. ADJOURNMENT Mr. Cravens made a motion,seconded by Chairman Dallas to adjourn. The Committee voted unanimously in favor,the motion was passed,and the meeting was adjourned at 4:03 p.m. ` Misc.Corms: qi Ket J.Dallas,ch irmari Date: y Minutes by Lisa Resnick 9/26/2012 10:19:28 AM Item#:_x_.---.1 1-1,11.7/1C4-1' Copies to: i 161 2A17 Do. IgaTERW3 AI JAN o 2 2012 iiii CLAM BAY SUBCOMMITTEE MEETING MINUTES TUESDAY,OCTOBER 9,2012 BY LET IT BE REMEMBERED that the Clam Bay Subcommittee of the Pelican Bay Services Division Board met on Tuesday,October 9 at 1:00 p.m.at the Community Center at Pelican Bay, 8960 Hammock Oak Drive,Naples, Florida 34108.The following members were present: Clam Bay Subcommittee Susan O'Brien,Chairman Michael Levy Tom Cravens Mary Anne Womble Pelican Bay Services Division Staff W.Neil Dorrill,Administrator Mary McCaughtry,Operations Analyst Kyle Lukasz, Operations Manager Lisa Resnick,Recording Secretary Also Present Tim Hall,Senior Ecologist&Principal,Turrell,Hall&Associates,Inc. Kathy Worley,Director of Environmental Science,Conservancy of Southwest Florida i/ Three(3)attendees Fiala V AGENDA Hiller •/ 1. Roll call Henning 2. Elect Chairman Coyle 3. Clam Bay restoration and management update 'G94elte a. Review of 2011 and 2012 Clam Bay aerial photos b. Update on channel maintenance and exotic removal c. Expenses to-date d. Date for 2012 Clam Bay restoration and management annual report to be available to Subcommittee 4. Clam Bay water quality data and STORET 5. Dredging permit 6. Fish and bird surveys Misc.Comes: 7. Date and topics for next Subcommittee meeting y I i I l 3 8. Audience Comments Date. 9. Adjourn Item#:1 LD-L-2-1r11- ROLL CALL Copies to: All Subcommittee members were present. ELECT CHAIRMAN Mr. Cravens made a motion,seconded by Ms. Womble to nominate Interim Chairman O'Brien as Chairman of the Clam Bay Subcommittee. The Subcommittee voted unanimously in favor and the motion was passed. CLAM BAY RESTORATION AND MANAGEMENT UPDATE REVIEW OF 2011 AND 2012 CLAM BAY AERIAL PHOTOS Mr.Tim Hall presented 2011 and 2012 Clam Bay aerial infrared photographs and concluded preliminarily that there were no observable differences between last year and this year. UPDATE ON CHANNEL MAINTENANCE AND EXOTIC REMOVAL Mr.Hall reported that channel maintenance work was completed in the worst affected areas;the County completed exotic removal along the beach;the Services Division removed most of the exotics amongst the mangroves and staff continues to monitor and maintain the area. EXPENSES-TO-DATE The Subcommittee briefly discussed Fiscal Year 2012 Clam Bay expenses. Mr.Dorrill noted that due to higher water levels and safety concerns additional turbidity screen was purchased for the south berm restoration to control erosion which increased the total cost of the project by$18,600. 10 i Clam Bay Subcommittee Meeting Minutes 1 1 '2 X 1 7 October 9,2012 6 ESTIMATED DATE TO REVIEW 2012 ANNUAL REPORT Mr.Hall estimated that the draft Clam Bay restoration and management annual report would be available before the end of December for the Subcommittee to review. CLAM BAY WATER QUALITY DATA AND STORET Mr.Hall reported that entering water quality data into STORET is not within the scope of his current contract; and estimated that the software and service would cost approximately$10,000 in year one;and$6,000 yearly thereafter. Ms. Womble made a motion,seconded by Mr. Cravens to make a recommendation to the Board to authorize up to$10,000 in the first year to have Turrell Hall and Associates enter water quality data into STORET. The Subcommittee voted unanimously in favor and the motion was passed. DREDGING PERMIT Ms.Marcia Cravens,Conservation Chairman, Sierra Club presented information regarding the Clam Bay dredging permit that showed the original 1998 permit authorized a wider dredge cut design that was revised in 1999 to authorize only a thirty-foot wide dredge cut.Ms. Cravens alleged that that 2007 dredge cut of eighty feet violated the federal and state permit. Dr.Ted Raia,President,Mangrove Action Group presented triggers for dredging. Ms. Womble made a motion,seconded by Mr. Cravens to direct the Administrator to request information and provide report to the full Board on November 7 as to what kind of situation prevailed in 2007 that would have allowed a dredge cut wider than what the permit authorized. The Subcommittee voted unanimously in favor and the motion was passed. FISH AND BIRD SURVEYS Chairman O'Brien reported that previously,Ms.Marcia Cravens had requested the Services Division perform fish and bird surveys;Ms.Kathy Worley explained that in order to develop proposals for fish and bird surveys,she needs to know what the survey goals and objectives are;Mr.Dorrill suggested that the Subcommittee also find out what the purpose and importance of bird and fish surveys are;and Ms.Worley and Mr.Hall would provide the Subcommittee with copies of some previous surveys. DATE AND TOPICS FOR NEXT SUBCOMMITTEE The Subcommittee agreed to meet toward the end of November to discuss fish and bird surveys and the 80- foot dredge cut,but would wait to schedule until after the November 7 full Board meeting. AUDIENCE COMMENTS None ADJOURN IMr. Cravens made a motion,seconded by Mr.Levy to adjourn. The Subcommittee voted unanimously in favor,the motion was passed,and meeting adjourned at 2:54 p.m. Cl-itAra Ot'IN— °SIN-Ii.-- Susan O'Brien,Chairman Minutes by Lisa Resnick 10/15/2012 4:37:04 PM 11 • 1612 Al / iA Nn2 2012 LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE MEETING MINUTES THURSDAY,OCTOBER 18,2012 LET IT BE REMEMBERED that the Landscape Water Management Subcommittee of the Pelican Bay Services Division Board met on Thursday,October 18 at 1:00 p.m.at the Community Center at Pelican Bay, 8960 Hammock Oak Drive,Naples,Florida 34108.The following members were present: Landscape Water Management Subcommittee Tom Cravens,Chairman Geoffrey S.Gibson John Chandler absent Dave Trecker Keith J.Dallas Pelican Bay Services Division Staff W.Neil Dorrill,Administrator Mary McCaughtry,Operations Analyst Kyle Lukasz,Operations Manager Lisa Resnick,Recording Secretary Seven in audience Fiala ✓ AGENDA Hiller ✓ Henning—Of 1. Roll call Coyle vi 2. Possible alternatives for use of copper sulfate to control algae/duckweed 3. Landscaping best management practices(BMP) a. Pelican Bay Services Division employees utilization of BMP b. Pelican Bay community outreach regarding the importance of BMP 4. Audience Comments 5. Adjournment ROLL CALL With the exception of Mr.Chandler,all Subcommittee members were present. POSSIBLE ALTERNATIVES FOR USE OF COPPER SULFATE TO CONTROL ALGAE/DUCKWEED Chairman Cravens explained that algae and duckweed grow in fresh water bodies in Pelican Bay and there are instances where duckweed will become so prolific that it will cover the entire surface,depleting oxygen and sunlight killing plants and other organisms. The method of choice because of its cost-effectiveness is copper sulfate. However there is evidence of copper impairment in both fresh water lakes and in Clam Bay and the goal of this Subcommittee is to address the problem which is caused by excessive and improper use of fertilizer. Mr.Lukasz explained that the Services Division uses copper sulfate primarily to control algae;and Reward (Diquat)to control duckweed. He presented alternative methods to using copper sulfate in the freshwater lakes including introducing bacteria;introducing bacteria in conjunction with aeration to increase levels of dissolved oxygen and reduce nutrients and algae blooms;applying herbicide(Hydrothol);and installing sonar technology which physically breaks up algae,but was not recommended. Mr.Lukasz recommended using bacteria in conjunction with aeration and littoral plantings. Staff could implement in fresh water lakes in Basin III to test effectiveness of reducing nutrients and algae blooms.Also, electric power for aeration is available in Basin III and would not require purchasing and installing more costly solar-powered aerators. The Subcommittee agreed with Mr.Lukasz'recommendation to test the effectiveness of introducing bacteria with aeration and littoral plantings in Basin III fresh water lakes;directed staff to re�searc0tnescost, Date: '-114 11 13 Item#: 1La�2Pr )- i 161 2. Al ? Landscape Water Management Subcommittee of the Pelican Bay Services Division Board October 18,2012 including pre and post bacteria water quality monitoring of nutrient and copper levels;and the cost to monitor nutrient and copper levels in all fresh water lakes communitywide. The Subcommittee would recommend this to the full Board on November 7. Mr.Dallas suggested that prior to implementation in the lakes to inform the abutting associations. LANDSCAPING BEST MANAGEMENT PRACTICES(BMP) PBSD EMPLOYEES'UTILIZATION OF BMP Chairman Cravens observed that although PBSD employees were trained and certified in landscaping BMP,employees do not utilize landscaping BMP in the field. PELICAN BAY COMMUNITY OUTREACH REGARDING THE IMPORTANCE OF BMP The Subcommittee discussed developing a video or publication to educate residents about the importance of landscaping BMP;monitoring nutrient levels of the Services Division's fresh water lakes and maintaining a separate database from the Foundation.Chairman Cravens and Dr.Trecker would draft separate proposals to discuss at the next Subcommittee meeting. PRESENTATIONS Vice Chairman Cravens presented photographs of the south berm restoration project and information about white fly ficus infestation,treatments,and alternative plantings. ADJOURNMENT IDr. Trecker made a motion,second by Mr.Dallas to adjourn. The Subcommittee voted unanimously in favor and the meeting was adjourned at 2:36 p.m. Tom Crave , hairman Minutes by Lisa Resnick 10/24/2012 1:07:16 PM 14 1612 A� 17 0 IVIr� DJAN n2 2012 � PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MINUTES WEDNESDAY,NOVEMBER 7,2012 LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Regular Session on Wednesday,November 7,2012 at 1:00 PM 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 absent Geoffrey S.Gibson absent John Baron absent 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 Tim Hall, Senior Ecologist&Principal,Turrell,Hall&Associates,Inc. Jim Hoppensteadt,President&CEO,Pelican Bay Foundation Kathy Worley, Co-Director Environmental Science&Biologist,Conservancy of Southwest Florida 20 in the audience AGENDA 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval Fiala 4. Approval of Meeting Minutes Hiller writ a. September 5 Pelican Bay Services Division Board Regular Session Henning b. September 24 Pathways Ad-Hoc Committee Coyle c. October 9 Clam Bay Subcommittee d. October 18 Landscape Water Management Subcommittee -teletla 5. Administrator's Report a. Crosswalks i. North Tram station visibility improvements ii. North Tram pedestrian crossing signal iii. Myra Janco Daniels crossing b. Landscape intersection improvements c. Berm i. South berm restoration ii. North berm maintenance d. County Transportation Department's Myra Janco Daniels Blvd.pathways and roadway paving e. Monthly financial reports(September and October) 6. Committee Reports a. Pathways Ad-Hoc Committee i. Recommended approach* ii. Selecting arborist iii. Resident survey b. Clam Bay Subcommittee ;vilsc. Corres: i. STORET water quality data recommendation* ii. Copper impairment in Clam Bay Date: H I q 113 iii. Dredging update c. Landscape Water Management Subcommittee I CQT2 J/- i. Copper impairment in upland ponds Item#: ii. Alternatives to copper sulfate ii. Community outreach COSIES to: 8572 i Pelican Bay Services Division Board Regular Session Minutes 2 A 17 November 7,2012 7. Chairman's Report a. Board policy for reconsideration of votes(John Chandler) b. Announcements 8. Old Business a. Cobblestones at San Marino crossing(John Chandler) 9. New Business 10. Audience Comments 11. Miscellaneous Correspondence 12. Adjournment ROLL CALL Six members (Chandler, Cravens, Dallas, Iaizzo, Levy, O'Brien) were present and a quorum was established. Five members(Baron,Gibson,Hansen,Trecker,Womble)were absent. AGENDA APPROVAL Vice Chairman Cravens made a motion, second by Mr. Chandler to approve the agenda as presented. The Board voted unanimously in favor and the motion was passed. APPROVAL OF MEETING MINUTES SEPTEMBER 5 BOARD REGULAR SESSION Vice Chairman Cravens made a motion, second by Ms. O'Brien to approve the September 5 Board Regular Session minutes as presented. The Board voted unanimously in favor and the motion was passed. SEPTEMBER 24 PATHWAYS AD-HOC COMMITTEE Vice Chairman Cravens made a motion,second by Ms. O'Brien to approve the September 24 Pathways Ad-Hoc Committee meeting minutes as presented. The Board voted unanimously in favor and the motion was passed. OCTOBER 9 CLAM BAY SUBCOMMITTEE Vice Chairman Cravens made a motion, second by Mr. Levy to approve the October 9 Clam Bay Subcommittee meeting minutes as presented. The Board voted unanimously in favor and the motion was passed. OCTOBER 18 LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE Vice Chairman Cravens made a motion,second by Ms. O'Brien to approve the October 18 Landscape Water Management Subcommittee meeting minutes as presented. The Board voted unanimously in favor and the motion was passed. ADMINISTRATOR'S REPORT CROSSWALKS NORTH TRAM STATION VISIBILITY IMPROVEMENTS Mr.Dorrill reported the North Tram crossing line-of-sight landscaping improvements were completed. NORTH TRAM PEDESTRIAN CROSSING SIGNAL Mr. Lukasz reported the contractor should receive the pedestrian signal parts next week and installation to be complete by the end of November. MYRA JANCO DANIELS BOULEVARD CROSSING Mr.Lukasz reported the crosswalk was completed,but some of the existing signage will be replaced. LANDSCAPE INTERSECTION IMPROVEMENTS Mr. Dorrill reported landscape intersection improvements were completed. Dwarf Asian jasmine was planted as a low ground covering; and yellow-orange bromeliads were replaced with cranberry-red colored bromeliads and bougainvilleas to look similar to annuals flowers. 8573 1Pelican Ba Services Division Board Re lar Session Minutes 1 6 1117 Bay Regular 7,2012 BERM SOUTH BERM RESTORATION Mr. Dorrill reported the contractor is maintaining an accelerated schedule and the south berm restoration project is nearing substantial completion. Due to higher than anticipated water levels and for safety purposes turbidity screen was purchased and installed. Additional fill was also purchased increasing the total cost of the project by approximately$30,000. NORTH BERM MAINTENANCE Mr. Dorrill reported the north berm maintenance work was completed. Staff is in the process of obtaining the required Army Corps of Engineers Nationwide permit to allow for future restoration. COUNTY'S MYRA JANCO DANIELS BLVD.PATHWAYS AND ROADWAY PAVING Mr. Lukasz reported the County is preparing to overlay Myra Janco Daniels Boulevard pathways and roadway;and work should be complete within a week. The Board directed staff to request the current County Road and Bridge Maintenance Department's Pelican Bay roadway asphalt ratings, paving schedule, and budget; and to re-evaluate the Services Division's pathways ratings to discuss at a future meeting. MONTHLY FINANCIAL REPORTS(SEPTEMBER&OCTOBER) Mr. Chandler made a motion, second by Ms. O'Brien to accept the September and October financial reports as presented into the record. The Board voted unanimously in favor and the motion was passed. PATHWAYS AD-HOC COMMITTEE Chairman Dallas presented the pathways project recommended approach, "Draft 6.3" and the Board discussed the importance of developing a plan and schedule for future maintenance and improvements and proceeded to amend the document with a series of motions. Mr. Chandler made a motion,second by Mr.Levy to amend the last sentence of the"Public Participation"section to read, "... The final recommendations will only be developed after the community has been given the opportunity for input and the analysis stage is complete."The Board voted unanimously in favor and the motion was passed. Mr. de in, co by Ms. 'Brien " e 1: es"adding I "TraChffic Safandler ety ma Expert a ".motThe o Board d nd voted unanimously O to in amend favor and Stp the motion Selct Expert was passed. Mr. Chandler made a motion,second by Ms. O'Brien to amend"Step 2:Experts'Assignment"by striking the subsections and replace to read, "Conduct a census of trees along the length of Pelican Bay Boulevard measuring each trunks distance from the sidewalk and the street and noting each type of tree."The Board voted 5 in favor and 1 opposed(Iaizzo)and the motion was passed. Vice Chairman Cravens made a motion,second by Mr. Chandler to amend"Step 3:PBSD Board's Assignment"by striking the subsection, "Restripe with one 12 foot lane..."under"Determine preferences for marking Blvd.for bicycle lanes:". The Board voted 5 in favor and I opposed(Dallas) and the motion was passed. 8574 i Pelican Bay Services Division Board Regular Session Minutes 1612 Al ? November 7,2012 Mr.Iaizzo made a motion,second by Ms. O'Brien to amend"Step 3:PBSD Board's Assignment"by striking the remaining subsections under"Determine preferences for marking Blvd.for bicycle lanes:" The Board voted 5 in favor and 1 opposed(Levy)and the motion was passed. Mr.Levy made a motion,second by Ms. O'Brien to see the amended"PBSD Pathways Project Draft 6.3"and take a Board vote to adopt at the next meeting. The Board voted unanimously in favor and the motion was passed. SELECTING AN ARBORIST Mr.Dorrill and Chairman Dallas would meet with Mr.Ian Orlikoff,certified arborist and owner of a tree service to discuss arborist services and bring back a recommendation. RESIDENT SURVEY Chairman Dallas introduced ideas initial ideas regarding developing a resident survey and requested feedback for compiling at a future Pathways Ad-Hoc Committee meeting. CLAM BAY SUBCOMMITTEE STORET WATER QUALITY DATA RECOMMENDATION Mr.Tim Hall explained STORET is the State's water quality storage and retrieval database used to determine water body impairment;and estimated it would cost$10,000 initially to enter data into STORET then $6,000 yearly thereafter. The Board discussed the pros and cons of entering Services Division's data into STORET;but deferred a decision whether to fund the project until Mr.Hall could verify that STORET segregates the Clam Bay Water Body Identification(WBID)data from the Naples WBID data. DREDGING UPDATE Mr.Dorrill presented documents pertaining to the authorization of the 2007 Clam Pass 80-foot wide dredge cut. There is a paper trail to show the permit was modified authorizing the expansion of the Clam Pass dredge cut width from 30 to 80 feet. Dr.Ted Raia,President,Mangrove Action Group and Ms.Marcia Cravens did not agree the 80-foot cut was authorized and requested the Board support a 30-foot wide dredge cut.Ms.Kathy Worley declared that for environmental purposes a 30-foot wide dredge cut was sufficient. Mr.Jim Hoppensteadt pointed out that currently there is no dredging permit and no dredging event scheduled and until one is planned,there is no position to take regarding the width of the cut. The Board decided to defer this issue to the Clam Bay Subcommittee. LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE COPPER IMPAIRMENT IN CLAM BAY Chairman Dallas explained due to evidence of copper impairment in Clam Bay the Landscape Water Management Subcommittee is looking into alternatives to using copper sulfate to control algae and deferred a decision of staffs proposal to the next meeting. 8575 i Pelican Bay Services Division Board Regular Session Minutes 1612 A 17 November 7,2012 OLD BUSINESS COBBLESTONES AT SAN MARINO CROSSING(JOHN CHANDLER) Chairman Dallas deferred a discussion regarding replacing cobblestones at San Marino until December and January decision. Mr.Chandler said the Board should also determine responsibility or if a co-decision should be made with the Foundation. Mr.Steve Seidel(San Marino)was concerned about safety and urged the Board to make a decision. ADJOURNMENT Vice Chairman Cravens made a motion,second by Ms. O'Brien to adjourn. The Board voted I unanimously in favor,passing the motion,and the meeting was adjourned at 4:23 p.m. C % belig.Keit .Dalla , hai Minutes by Lisa Resnick 11/19/2012 3:15:16 PM 8576 1 it 6 ti PELICAN BAY SERVICES DIVISION 1.3EW3 Municipal Service Taxing and Benefit Unit JAN 0 2 2012 O NOTICE OF PUBLIC MEETING WEDNESDAY, DECEMB 3;'2Ot2 THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET IN REGULAR SESSION ON WEDNESDAY, DECEMBER 5 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, 8960 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108. AGENDA The agenda includes,but is not limited: 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Rules for audience participation* 5. Approval of November 7 Pelican Bay Services Division Board Regular Session Minutes 6. Administrator's Report a. North Tram pedestrian crossing signal b. Landscape intersection improvements c. South berm restoration d. Pelican Bay Boulevard pathways safety concerns&status of County's repairs e. Monthly financial report 7. Committee Reports Fiala a. Pathways Ad-Hoc Committee Hiller i. Approval of recommended approach* Henning * Coyle ii. Selection of arborist Zalatta iii. Bicycle lane survey discussion b. Clam Bay Subcommittee i. STORET water quality data recommendation* c. Landscape Water Management Subcommittee i. Status of data collection and cost of monitoring inland waterways (Dave Trecker) ii. Alternatives to copper sulfate * ii. Community outreach d. Strategic Planning Committee news (Mary Anne Womble) 8. Chairman's Report a. Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) b. PBSD Board terms c. Announcements 9. Old Business a. Cobblestones at San Marino crossing discussion (John Chandler) 10. New Business 11. Audience Comments 12. Miscellaneous Correspondence 13. Adjournment *Board vote is anticipated 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 PELICAN BAYSERVICESDIVISION.NET. Mist. Carres: Date: `l l ci i 13 Item#:1 11/27/2012 4:30:19 PM CoPie3 to: A17 December 5,20 P�n�ay ices Division Board Regular Session 4. Rules for audience participation Page 1 of 3 Rules for Audience Participation at PBSD Meetings The rules for audience participation at PBSD meetings are intended to improve productivity and to manage time efficiently without instituting procedures that unduly limit community input. Any person may participate by commenting on individual agenda items, as well as make general comments at the end of the meeting. The Chairman will politely enforce the following rules: 1. Comments are limited to 3-minutes 2. An individual may speak only once per agenda item 3. Time from one speaker cannot be ceded to another speaker 4. Individuals invited to speak on a subject by the Chairman will be recognized and afforded adequate time to present information and answer questions KJD December 5,2012 Pelican Bay Services Division Board Regular Session 4. Rules for audience participation * Page 2 of 3 1612 A17 Original Message From: John Chandler [mailto:johnchandler219 @gmail.com] Sent: Friday,November 16, 2012 3:28 PM To: ResnickLisa Subject: Re: 12/5 Agenda Requests? Also, "Three minute rule". It should be reiterated after the Pledge of Allegiance. John Chandler Original Message From: John Chandler [mailto:johnchandler219 @gmail.com] Sent: Friday, November 09, 2012 2:50 PM To: ResnickLisa Subject: Improving Our Meeting Productivity Please forward this email to all Board members as a one way communication. We had another long meeting, Wednesday, and still did not cover our full agenda. In my opinion,this result has occurred far too often. I find this very frustrating and I suspect that all of us feel the same way. I believe that the main problem for our lack of productivity is that we are not enforcing our three minute rule. The BCC and PBF have this rule and strictly enforce it. As a result,their meetings are much more productive. Perhaps the Foundation will allow us to use their timer to assist in our enforcement of this rule. There may be certain times when a person or group truly needs more than three minutes. However,those situations should only be allowed based on preapproval by the PBSD Chairman.That pre meeting approval should stipulate a time limit and that time limit should be strictly enforced. Putting action items before the Administrator's report would be another way to see that issues that need to be addressed are addressed. John Chandler December 5,2012 Pelican Bay Services Division Board Regular Session 4. Rules for audience participation * Page3of3 161 2 A17 Original Message From: david trecker[mailto:djtrecker @yahoo.com] Sent: Sunday,November 18, 2012 5:29 PM To: ResnickLisa Subject: Meeting Control Lisa-Please share these thoughts with the other directors, e.g., in the packet for the 12/5 meeting. Thanks, Dave Three things,perhaps more, contribute to the lack of meeting control and, in turn, long PBSD meetings: Length of introductory presentations, length of audience presentations under New Business, and audience comments throughout meetings. Here is a proposal for controlling all three. Presentations by invited speakers should be on noticed agenda topics only. Such presentations should be limited to 15 minutes unless otherwise determined by the chairman. Audience presentations under New Business should be limited to 3 minutes per speaker per topic,strictly enforced. Audience comments during the meeting should be taken after an agenda topic is introduced and before the topic is discussed by the PBSD board.Audience comments should be limited to 3 minutes per speaker per topic, strictly enforced. Strict adherence to these limits should hold down meeting times. Original Message From: david trecker [mailto:djtrecker @ yahoo.com] Sent: Wednesday,November 14,2012 1:03 PM To: ResnickLisa Subject: Meeting Productivity Lisa- I was unable to attend the last PBSD board meeting,but I share concerns about the length of many of the meetings. Please pass this on to the directors as a one-way communication. I would try the following approach: Limit speakers in the audience to one three-minute comment per agenda topic(after the agenda item has been introduced and before board discussion),measure the three minutes, and strictly enforce the rule. That will be a difficult task for the chairman and will require reinforcing support from the other directors. It may not be workable. If not, we could try what the Foundation board used to do: Audience comments(3 minutes each)on any topic at the beginning of the meeting and again at the end. That too has to be strictly enforced. But that approach has worked in the past, and it does hold down meeting times. Dave December 5,2012 Pelican Bay Services Division Board Regular Session 4. Rules for audience participation*Additional information"Obtaining public input during meetings"(John Chandler) Page 1 of 1 Pelican Bay Services Division Board Regular Session Meeting Minutes 6 I June 13,2011 H 1 7 DRAFT OF PELICAN BAY POST ARTICLE ON PBSD FY 2012 PROPOSED BUDGET Chairman Dallas said Ms. Resnick would incorporate comments received into the draft "PBSD FY 2012 Proposed Budget"Pelican Bay Post article,then reviewed and submitted to the Pelican Bay Post. OBTAINING PUBLIC INPUT DURING MEETINGS The Board discussed the current policy to obtain public input during meetings and agreed it was too liberal,and contributes to holding less productive meetings and deferring some items to subsequent meetings.The Board agreed to implement the policy suggested by Mr.Chandler that would(1)discontinue soliciting public comments at the beginning of the meeting;(2)solicit public comments prior to each agenda item discussion;(3)limit comments to one per person per item;(4)and limit comments to 3 minutes per person. Following public comments on an item,(5)the Board would proceed to discuss and take appropriate action without interruption;and(6)at the end of the meeting,solicit public comments on non-agenda items. The public was encouraged to email comments to the Board between the time that the agenda is post and the meeting commences. PBSD COMMITTEE STRUCTURE The Board discussed its committees and productivity.There was agreement that the Budget committee is efficient as is. Regarding whether to reconstitute the Clam Bay committee,Chairman Dallas asked the Board to provide input to Ms.Resnick for discussion at the next meeting. Dr.Trecker was appointed to the Landscape committee joining Vice Chairman Cravens(Chairman of the Landscape committee)and Mr.Gibson. ANNOUNCEMENTS Chairman Dallas announced that the Board of County Commissioners would discuss the Vanderbilt Beach restrooms configuration on June 14 at 2 p.m.and the Clam Bay markers on June 15 at 9 a.m.The Coastal Advisory Committee does not meet in July.The Pelican Bay Foundation meets June 24 at 8:30 a.m. The Strategic Planning Committee meets June 16 at 9 a.m. JULY 6 BOARD MEETING CANCELLED Vice Chairman Cravens made a motion,second by Mr.Iaizzo to cancel the July 6 meeting with the option to reconsider. The Board voted unanimously in favor,passing the motion. COMMUNITY ISSUES None STRATEGIC PLANNING COMMITTEE REPORT Mrs.Womble reported that the Strategic Planning Committee(SPC)has met several times since the last Services Division Board meeting. Ms.Bellone was elected Committee Chairwoman and the committee has three new members: Frank Butler,Charles Bodo,and Paul Lorenzo replacing Jerry Moffatt and Noreen 1■ urray who were both elected to the Foundation Board.Currently the SPC is discussing whether to eliminate the crosswalk at Pelican Bay Boulevard and Crayton Road and reestablish at Pelican Bay Boulevard and Glenview;and mak ng a recommendation to the Foundation Board to approve crosswalk projects on Pelican Bay Boulevard at Ridgewood,Myra Janco Daniels,Gulf Park,North Pointe,Hammock Oak,and Oakmont.Other projects under discussion are reconfigilration of the Commons, Community Center expansion,restrooms and lighting considerations at the North Tram station,and U.S.41 berm. OLD BUSINESS None 8485 1 6 1 2 A 17 PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MIN ES WEDNESDAY,NOVEMBER 7,2012 LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in ',egular Session on Wednesday,November 7,2012 at 1:00 PM at the Community Center at Pelican Bay, 8960 H. mock 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 absent Geoffrey S.Gibson absent John Baron absent 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 Tim Hall, Senior Ecologist&Principal,Turrell,Hall&Associates,Inc. Jim Hoppensteadt,President&CEO,Pelican Bay Foundation Kathy Worley, Co-Director Environmental Science&Biologist,Conservancy of Southwest Flo 'da 20 in the audience AGENDA 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Meeting Minutes a. September 5 Pelican Bay Services Division Board Regular Session b. September 24 Pathways Ad-Hoc Committee c. October 9 Clam Bay Subcommittee d. October 18 Landscape Water Management Subcommittee 5. Administrator's Report a. Crosswalks i. North Tram station visibility improvements ii. North Tram pedestrian crossing signal iii. Myra Janco Daniels crossing b. Landscape intersection improvements c. Berm i. South berm restoration ii. North berm maintenance d. County Transportation Department's Myra Janco Daniels Blvd.pathways and roadway .aving e. Monthly financial reports(September and October) 6. Committee Reports a. Pathways Ad-Hoc Committee i. Recommended approach* ii. Selecting arborist iii. Resident survey '1*4 b. Clam Bay Subcommittee i. STORET water quality data recommendation* ii. Copper impairment in Clam Bay iii. Dredging update . c. Landscape Water Management Subcommittee i. Copper impairment in upland ponds ii. Alternatives to copper sulfate ii. Community outreach 8572 4; 1 Pelican Bay Services Division Board Regular Session Minutes Al7 A 7 r Novemb e 7,2012 7. Chairman's Report a. Board policy for reconsideration of votes(John Chandler) b. Announcements 8. Old Business a. Cobblestones at San Marino crossing(John Chandler) 9. New Business 10. Audience Comments 11. Miscellaneous Correspondence 12. Adjournment ROLL CALL Six members (Chandler, Cravens, Dallas, Iaizzo, Levy, O'Brien) were present and a quorum was established. Five members(Baron,Gibson,Hansen,Trecker,Womble)were absent. AGENDA APPROVAL Vice Chairman Cravens made a motion, second by Mr. Chandler to approve the agenda as presented. The Board voted unanimously in favor and the motion was passed. APPROVAL OF MEETING MINUTES SEPTEMBER 5 BOARD REGULAR SESSION Vice Chairman Cravens made a motion, second by Ms. O'Brien to approve the September 5 Board Regular Session minutes as presented. The Board voted unanimously in favor and the motion was passed. SEPTEMBER 24 PATHWAYS AD-HOC COMMITTEE Vice Chairman Cravens made a motion,second by Ms. O'Brien to approve the September 24 Pathways Ad-Hoc Committee meeting minutes as presented. The Board voted unanimously in favor and the motion was passed. OCTOBER 9 CLAM BAY SUBCOMMITTEE Vice Chairman Cravens made a motion, second by Mr. Levy to approve the October 9 Clam Bay Subcommittee meeting minutes as presented. The Board voted unanimously in favor and the motion was passed. OCTOBER 18 LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE Vice Chairman Cravens made a motion, second by Ms. O'Brien to approve the October 18 Landscape Water Management Subcommittee meeting minutes as presented. The Board voted unanimously in favor and the motion was passed. ADMINISTRATOR'S REPORT CROSSWALKS NORTH TRAM STATION VISIBILITY IMPROVEMENTS $_� Mr.Dorrill reported the North Tram crossing line-of-sight landscaping improvements wer- «. . e NORTH TRAM PEDESTRIAN CROSSING SIGNAL Mr. Lukasz reported the contractor should receive the pedestrian signal parts ne . inst.ititto. to be complete by the end of November. MYRA JANCO DANIELS BOULEVARD CROSSING Mr.Lukasz reported the crosswalk was completed,but some of the e _ w, .ge w Rreplaced. LANDSCAPE INTERSECTION IMPROVEMENTS Mr. Dorrill reported landscape intersection improvements, co ® Dwarf Asian jasmine was planted as a low ground covering; and yellow-orange bro ∎. ff .la ,-5t'with cranberry-red colored bromeliads and bougainvilleas to look similar to annuals Howe` 8573 'I Pelican Bay Services Division Board Regular Session Minutes 1 1 2 A 17 November 7,2012 iii BERM SOUTH BERM RESTORATION Mr. Dorrill reported the contractor is maintaining an accelerated schedule and the south berm restoration . project is nearing substantial completion. Due to higher than anticipated water levels and for safety purposes turbidity screen was purchased and installed. Additional fill was also purchased increasing the total cost of the project by approximately$30,000. NORTH BERM MAINTENANCE Mr.Dorrill reported the north berm maintenance work was completed. Staff is in the process of obtaining the required Army Corps of Engineers Nationwide permit to allow for future restoration. COUNTY'S MYRA JANCO DANIELS BLVD.PATHWAYS AND ROADWAY PAVING Mr. Lukasz reported the County is preparing to overlay Myra Janco Daniels Boulevard pathways and roadway;and work should be complete within a week. The Board directed staff to request the current County Road and Bridge Maintenance Department's Pelican Bay roadway asphalt ratings, paving schedule, and budget; and to re-evaluate the Services Division's pathways ratings to discuss at a future meeting. MONTHLY FINANCIAL REPORTS(SEPTEMBER&OCTOBER) Mr. Chandler made a motion, second by Ms. O'Brien to accept the September and October financial reports as presented into the record. The Board voted unanimously in favor and the motion was passed PATHWAYS AD-HOC COMMITTEE Chairman Dallas presented the pathways project recommended approach, "Draft 6.3" and the Board discussed the importance of developing a plan and schedule for future maintenance and improvements and proceeded to amend the document with a series of motions. Mr. Chandler made a motion,second by Mr.Levy to amend the last sentence of the"Public Participation"section to read, "... The final recommendations will only be developed after the community has been given the opportunity for input and the analysis stage is complete."The Board voted unanimously in favor and the motion was passed. Mr. Chandler made a motion,second by Ms. O'Brien to amend"Step 1:Select Experts"adding "Traffic Safety Expert". The Board voted unanimously in favor and the motion was passed. 1 Mr. Chandler made a motion,second by Ms. O'Brien to amend"Step 2:Experts'Assignment"by striking the subsections and replace to read, "Conduct a census of trees along the length of Pelican Bay Boulevard measuring each trunks distance from the sidewalk and the str?cield noting each type of tree."The Board voted 5 in favor and 1 opposed(laizzo)and the motion was `ssed Vice Chairman Cravens made a motion,second by Mr. Chandler to amend"Step 3:PBSD Board's Assignment"by striking the subsection, "Restripe with one 12 foot 'te ..''�; der`Determine preferences for marking Blvd for bicycle lanes:". The Boa vot vglIlld 1 opposed(Dallas) and the motion was passed. 8574 Pelican Bay Services Division Board Regular Session Minutes 161 A17 November 7,2012 Mr.Iaizzo made a motion,second by Ms. O'Brien to amend"Step 3:PBSD Board's Assignment"by striking the remaining subsections under"Determine preferences for marking Blvd.for bicycle lanes:" The Board voted 5 in favor and 1 opposed(Levy)and the motion was passed. Mr.Levy made a motion,second by Ms. O'Brien to see the amended"PBSD Pathways Project Draft 6.3"and take a Board vote to adopt at the next meeting. The Board voted unanimously in favor and the motion was passed. SELECTING AN ARBORIST Mr.Dorrill and Chairman Dallas would meet with Mr.Ian Orlikoff,certified arborist and owner of a tree service to discuss arborist services and bring back a recommendation. RESIDENT SURVEY Chairman Dallas introduced ideas initial ideas regarding developing a resident survey and requested feedback for compiling at a future Pathways Ad-Hoc Committee meeting. CLAM BAY SUBCOMMITTEE STORET WATER QUALITY DATA RECOMMENDATION Mr.Tim Hall explained STORET is the State's water quality storage and retrieval database used to determine water body impairment;and estimated it would cost$10,000 initially to enter data into STORET then $6,000 yearly thereafter. The Board discussed the pros and cons of entering Services Division's data into STORET;but deferred a decision whether to fund the project until Mr.Hall could verify that STORET segregates the Clam Bay Water Body Identification(WBID)data from the Naples WBID data. DREDGING UPDATE Mr.Dorrill presented documents pertaining to the authorization of the 2007 Clam Pass 80-foot wide dredge cut. There is a paper trail to show the permit was modified authorizing the expansion of the Clam Pass dredge cut width from 30 to 80 feet. Dr.Ted Raia,President,Mangrove Action Group and Ms.Marcia Cravens did not agree the 80-foot cut was authorized and requested the Board support a 30-foot wide dredge cut.Ms.Kathy Worley declared that for environmental purposes a 30-foot wide dredge cut was sufficient. Mr.Jim Hoppensteadt pointed out that currently there is no dredging permit and no dredging even scheduled and until one is planned,there is no position to take regarding the width of the cut. The Board decided to defer this issue to the Clam Bay Subcommittee. LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE COPPER IMPAIRMENT IN CLAM BAY Chairman Dallas explained due to evidence of copper impairment in Clam Bay the 4 : - Management Subcommittee is looking into alternatives to using copper sulfate to?mill!! alga ® l ferred a decision of staff's proposal to the next meeting. 4.44,,q_z_ _ Ir---- __ _ ,,,„,,,-„,_ -,L..„*K.-- ---,V7 8575 ., Pelican Bay Services Division Board Regular Session Minutes 16 1 2 A 17 November 7,2012 OLD BUSINESS - COBBLESTONES AT SAN MARINO CROSSING(JOHN CHANDLER) Chairman Dallas deferred a discussion regarding replacing cobblestones at San Marino until December and January decision. Mr.Chandler said the Board should also determine responsibility or if a co-decision should be made with the Foundation. Mr.Steve Seidel(San Marino)was concerned about safety and urged the Board to make a decision. ADJOURNMENT Vice Chairman Cravens made a motion,second by Ms. O'Brien to adjourn. The Board voted unanimously in favor,passing the motion,and the meeting was adjourned at 4:23 p.m. Keith J.Dallas,Chairman Minutes by Lisa Resnick 11/19/2012 3:15:16 PM ;IV '';'°'1°.' 8576 December 5,2012 Pelican Bay Services Division Board Regular Session 6b. Administrator's Report-Landscape intersection improvements Page 1 of 2 Original Message 1612 A 1 • g g From:judesterz @aol.com [mailto:judesterz @aol.com] Sent: Friday,November 16,2012 12:12 PM To: ResnickLisa Subject: Re: Median Landscaping Thank you so much for your quick response and consideration. We will not be here for the Dec. 5th meeting, as we will be back in NJ for the Christmas holidays. However, 1 will encourage others to attend. Please keep us informed how things progress. Maybe when we return,we will see an array of colors at the intersections. Happy Thanksgiving. Phil and Judy Gutermuth Original Message From: ResnickLisa<LResnick @colliergov.net> To:judesterz<judesterz(&,,aol.com> Cc: Keith Dallas<keithjdallas @gmail.com>; LukaszKyle<KyleLukasz @colliergov.net> Sent:Fri,Nov 16,2012 10:36 am Subject: RE: Median Landscaping Dear Mr. and Mrs. Gutermuth, Thank you for taking time to stop by the Pelican Bay Services Division's(PBSD)office yesterday to express your disappointment with the median landscaping along Pelican Bay Boulevard at Myra Janco Daniels/West Blvd. and North Pointe intersections, and The Phil. I relayed your comments to our Chairman, Keith Dallas, and Operations Manager,Kyle Lukasz. On behalf of Chairman Dallas,the PBSD Board will discuss landscape intersection/median improvements as an agenda item at its Wednesday, December 5 at 1 p.m. meeting(at the Community Center)and we encourage you to attend. In addition to the intersections you mentioned the Board will also consider additional color/annuals at Crayton Road. To recap the locations along Pelican Bay Boulevard: 1) Philharmonic median; 2) MJD/West; 3) Crayton; 4)North Pointe; and 5) Hammock Oak. Again,thank you for your comments. Please let us know if you have questions/further suggestions. V/R, Lisa Lisa Resnick Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples,FL 34108 Tel. 239.597.1749 Fax 239.597.4502 lresnickAcolliergov.net http://pelicanbayservicesdivision.net December 5,2012 Pelican Bay Services Division Board Regular Session 6b. Administrator's Report-Landscape intersection improvements Page 2 of 2 I a A17 Original Message V From:judesterz @aol.com [mailto:judesterz@aol.com] Sent: Monday, October 29,2012 7:17 PM To: office(apelicanbayservicesdivision.net Subject: Median Landscaping Mr. Chairman, We have just returned for the fall and winter. We were VERY DISAPPOINTED in the LACK of annuals planted in the medians. The perennial landscaping is attractive, but the lack of flowers is extremely noticeable at the intersections of PB Blvd. and Myra Daniels,North Pointe and Hammock Oak. There are NO FLOWERS,just the green ground cover which is very dull and way too much. A little of that goes a long way. I would think you would want some color and flowers especially in the area at the Phil. We hope you will reconsider and plant some beautiful flowers as we have had many years in the past at these intersections. Thanks for your consideration. Phil and Judy Gutermuth St. Maarten 1612 Al7 0 #:::I-S';',..' -'';''j: '''-' c 0 U 0 _ Ira -a rn N o c 0 g . 0 co a`�i a x N W U e ° 01 T N 4 . ' 1 \,,,- 4iitit . a , ma r / r b cc,U , N N Y./ „ O O TD w N ,. E E r .�— � s k., -4 � . ,p • ■ . . r • . a _- pr �,to, t' ,3, \` �. " • "1 • g �,, ow• >y U) Q ,.... 1612 17 ._ U U 4- o o , • ca O . 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O)▪ T O cr 3 a -F-_,03 o O- - a ma c cu O > '6 0 > o E m ._ CO T.0 s / as a ri K■ U• a -, 7) a) aW N _CO O O N 2 UI 1 �b _ � a � aa- 1 roaW 41- kz4,,,fr". ...a..,itt- '''''' .1,''',T.Y.'"i• .. - 6 tt i L 1612 Al ?2 (0 ._ oci 0_ L co 0 N t-l .Y1's U > -a f „, , co U C (Q • 6 y a) % t dry co 0 co 1,1_, . . l "" 1, 1 c \ 5 S F; ,- ? ! a) cci CC as o a ,_ . m o > . v Cl) a) .>—* C o m u) >, a) U m N ) co U (B 4) �' m C .0 co O • N U 'i 0 Q .1 l In �k�?" a -°7k f� C �`` ',I:0;-- %"CD � ta) (U : 7 A 1 j 44 ::dam :E a 7 Bay Pelican Ba Services 16 1 2 A 1 • Municipal Services Taxing Unit Balance Sheet-November 30,2012 Operating Fund 109-FY 2013 (Unaudited) Assets Current Assets Cash and Investments 1,042,209.08 Interest Receivable 1,273.99 Improvements,Vehicles& Equipment 1,085,189.35 Due from Property Appraiser 521.31 Due from Tax Collector 22,234.29 Total Current Assets $ 2,151,428.02 Total Assets $ 2,151,428.02 Liabilities and Fund Balance Current Liabilities Accounts/Trade Payable $ 49,109.70 Accrued Wages Payable - Goods Received/Inventory Recv'd 9,784.69 Total Liabilities $ 58,894.39 Fund Balance Fund Balance-unreserved 900,302.49 Excess Revenues(Expenditures) 1,192,231.14 Total Fund Balance 2,092,533.63 Total Liabilities and Fund Balance $ 2,151,428.02 i 1612 A17 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/Budget-November 30,2012 Operating Fund 109-FY 2013 (Unaudited) Annual YTD YTD - Budget Budget Actual Variance Operating Revenues: Carryforward $ 951,600.00 $ 951,600.00 $ 951,600.00 $ - Special Assessment-Water Management Admin 695,000.00 83,400.00 89,947.74 6,547.74 Special Assessment-Right of Way Beautification 1;878,800.00 225,456.00 243,117.65 17,661.65 Charges for Services 1,500.00 - - - Surplus Property Sales - - Revenue Reserve (128,700.00) - Interest 15,800.00 2,633.33 814.55 (1,818.78) Total Operating Revenues $ 3,414,000.00 $ 1,263,089.33 $ 1,285,479.94 $ 22,390.61 Operating Expenditures: Water Management Administration Payroll Expense $ 42,000.00 $ 6,500.00 $ 4,367.68 $ 2,132.32 Emergency Maintenace and Repairs 8,800.00 - - - IT Direct Capital 200.00 - - - IT Office Automation/Billing Hr. 4,600.00 460.00 400.00 60.00 Indirect Cost Reimbursement 85,100.00 42,600.00 42,550.00 50.00 Inter Payment/Mnt.Site Ins. Assessment 13,400.00 - - - Other Contractural Services 29,700.00 5,000.00 4,185.00 815.00 Telephone 3,900.00 700.00 539.60 160.40 Postage and Freight 2,200.00 400.00 - 400.00 Rent Buildings and Equipment 11,000.00 2,800.00 2,649.78 150.22 Insurance-General 1,000.00 - - - Printing,Binding and Copying 1,800.00 200.00 10.47 189.53 Clerk's Recording Fees 1,500.00 - - - Advertising 1,500.00 - - - Other Office and Operating Supplies 2,000.00 300.00 - 300.00 Training and Education 1,100.00 100.00 - 100.00 Total Water Management Admin Operating $ 209,800.00 $ 59,060.00 $ 54,702.53 $ 4,357.47 Water Management Field Operations Payroll Expense $ 135,800.00 $ 20,900.00 $ 14,981.99 $ 5,918.01 Engineering Fees 10,000.00 1,700.00 - 1,700.00 Flood Control Berm and Swale Mntc. 18,000.00 3,000.00 - 3,000.00 Landscape Materials/Replanting Program 8,500.00 400.00 - 400.00 Interdepartmental Payment(Water Quality Lab) 30,100.00 5,000.00 2,382.50 2,617.50 Plan Review Fees 1,500.00 - - - Other Contractural Services 1,000.00 200.00 - 200.00 Temporary Labor 44,900.00 18,700.00 18,449.50 250.50 Telephone 500.00 100.00 36.04 63.96 Trash and Garbage 5,700.00 1,400.00 1,993.00 (593.00) Motor Pool Rental Charge 100.00 - - - Insurance-General 2,400.00 - - - Insurance-Auto 900.00 - - - Building Repairs&Mntc. 1,700.00 - - - Fleet Maintenance and Parts 2,400.00 400.00 496.51 (96.51) Fuel and Lubricants 3,300.00 600.00 379.02 220.98 Tree Triming 36,000.00 6,000.00 2,496.00 3,504.00 Clothing and Uniforms 1,100.00 300.00 353.00 (53.00) Personal Safety Equipment 500.00 200.00 373.66 (173.66) Page 1 of 3 ioV� 417 Fertilizer and Herbicides 98,400.00 14,300.00 11,572.55 2,727.45 Other Repairs and Maintenance 1,500.00 1,100.00 2,274.10 (1,174.10) Other Operating Supplies and Equipment 2,500.00 400.00 410.22 (10.22) Total Water Management Field Operating $ 406,800.00 $ 74,700.00 $ 56,198.09 $ 18,501.91 Right of Way Beautification-Operating - Payroll Expense $ 43,300.00 $ 6,700.00 $ 4,500.05 $ 2,199.95 Emergency Repairs and Maintenance 7,400.00 - - - IT Direct Capital 200.00 - - - Office Automation 9,500.00 - - - Other Contractural Services 37,100.00 6,200.00 4,190.00 2,010.00 Telephone 3,900.00 700.00 539.60 160.40 Postage 2,200.00 400.00 - 400.00 Rent Buildings/Equipment/Storage 12,200.00 3,100.00 2,871.65 228.35 Insurance-General 500.00 - - - Printing,Binding and Copying 2,600.00 400.00 - 400.00 Clerk's Recording 2,000.00 300.00 - 300.00 Legal Advertising 2,000.00 300.00 - 300.00 Office Supplies General 2,500.00 400.00 - 400.00 Training and Education 1,500.00 600.00 573.22 26.78 Total Right of Way Beautification Operating $ 126,900.00 $ 19,100.00 $ 12,674.52 $ 6,425.48 Right of Way Beautification-Field Payroll Expense $ 797,000.00 $ 122,600.00 $ 82,540.65 $ 40,059.35 Emergency Maintenance and Repairs 3,300.00 600.00 809.68 (209.68) Flood Control(Water Use&Swale/Berm Mntc.) 89,900.00 16,000.00 15,927.47 72.53 Pest Control 6,000.00 1,000.00 - 1,000.00 Landscape Incidentals 2,500.00 400.00 7.31 392.69 Other Contractural Services 29,500.00 3,600.00 3,291.00 309.00 Temporary Labor 201,400.00 51,600.00 50,562.34 1,037.66 Telephone 3,200.00 500.00 225.79 274.21 Electricity*$2,620 J/E pending to SL Fund 778 3,400.00 600.00 2,808.23 * (2,208.23) Trash and Garbage 17,000.00 3,300.00 2,778.74 521.26 Rent Equipment 2,500.00 1,900.00 2,195.04 (295.04) Motor Pool Rental Charge 500.00 100.00 - 100.00 Insurance-General 9,300.00 - - - Insurance-Auto 10,000.00 - - - Building Repairs and Maintenance 1,700.00 300.00 300.00 Fleet Maintenance and Parts 17,600.00 2,900.00 2,812.30 87.70 Fuel and Lubricants 64,600.00 9,800.00 5,964.78 3,835.22 Licenses,Permits,Training 800.00 100.00 - 100.00 Tree Triming 64,500.00 3,200.00 - 3,200.00 Clothing and Uniforms 9,400.00 1,200.00 991.22 208.78 Personal Safety Equipment 3,000.00 500.00 403.50 96.50 Fertilizer and Herbicides 62,000.00 25,500.00 25,585.99 (85.99) Landscape Maintenance 46,000.00 15,300.00 14,458.50 841.50 Mulch/Landscape Materials 52,000.00 26,000.00 25,752.50 247.50 Pathway Repairs 6,000.00 1,000.00 - 1,000.00 Sprinkler Maintenance 30,000.00 7,500.00 8,187.16 (687.16) Painting Supplies 800.00 100.00 - 100.00 Traffic Signs 3,000.00 500.00 - 500.00 Minor Operating Equipment 3,700.00 600.00 599.75 0.25 Other Operating Supplies 9,000.00 1,900.00 1,661.98 238.02 Total Right of Way Beautification-Field Operating $ 1,549,600.00 $ 298,600.00 $ 247,563.93 $ 51,036.07 Total Operating Expenditures $ 2,293,100.00 $ 451,460.00 $ 371,139.07 $ 80,320.93 Page 2 of 3 16 12 A17 Capital Expenditures: Water Management Field Operations Other Machinery and Equipment $ 1,000.00 $ - $ - $ - General Improvements - - - - Total Water Management Field Operations Capital $ 1,000.00 $ - $ - $ - Right of Way Beautification-Field Autos and Trucks $ 35,000.00 $ - $ - $ - Other Machinery and Equipmeny 1,000.00 - - Total Right of Way Beautification-Field Capital $ 36,000.00 $ - $ - $ - Total Capital Expenditures $ 37,000.00 $ - $ - $ - Total Operating Expenditures $ 2,330,100.00 $ 451,460.00 $ 371,139.07 $ 80,320.93 Non-Operating Expenditures: Transfer to Fund 322 $ 241,700.00 $ 241,700.00 $ 241,700.00 $ - Tax Collector Fees 79,300.00 7,930.00 6,702.40 1,227.60 Property Appraiser Fees 72,900.00 40,095.00 39,607.92 487.08 Reserves(2 1/2 months for Operations) 533,400.00 550,400.00 550,400.00 - Reserve for Operating Fund Capital Improvement 65,000.00 Reserves for Equipment 107,800.00 107,800.00 107,800.00 - Reserved for Attrition (16,200.00) (16,200.00) (16,200.00) - Revenue Reserve - - - - Total Non-Operating Expenditures $ 1,083,900.00 $ 931,725.00 $ 930,010.32 $ 1,714.68 Total Expenditures $ 3,414,000.00 $ 1,383,185.00 $ 1,301,149.39 $ 82,035.61 Net Profit/(Loss) $ - $ (120,095.67) $ (15,669.45) $ 104,426.22 Page 3 of 3 1612 A17 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet-November 30, 2012 Street Lighting Fund 778-FY 2013 (Unaudited) Assets Current Assets Cash and Investments $ 443,921.77 Interest Receivable 388.22 Improvements,Vehicles& Equipment 54,386.52 Due from Tax Collector 3,217.01 Total Current Assets $ 501,913.52 Total Assets $ 501,913.52 Liabilities and Fund Balance Current Liabilities Accounts/Trade Payable $ 952.53 Goods Received/Inventory Recv'd - Accrued Wages Payable - Total Liabilities $ 952.53 Fund Balance Fund Balance-unreserved 401,763.99 Excess Revenue(Expenditures) 99,197.00 Total Fund Balance 500,960.99 Total Liabilities and Fund Balance $ 501,913.52 161 'I A17 Pelican Bay Services - Municipal Services Taxing Unit Income Statement w/Budget-November 30,2012 Street Lighting Fund 778-FY 2013 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carryforward $ 376,200.00 $ 376,200.00 $ 376,200.00 $ - Curent Ad Valorem Tax 440,700.00 52,884.00 56,590.47 $ 3,706.47 Delinquent Ad Valorem Tax $ - Insurance Claim 1,286.80 $ 1,286.80 Revenue Reserve $ (22,300.00) Interest 6,700.00 670.00 246.55 $ (423.45) Total Operating Revenues 801,300.00 429,754.00 434,323.82 4,569.82 Operating Expenditures: Street Lighting Administration Payroll Expense $ 42,200.00 $ 6,500.00 $ 4,367.68 $ 2,132.32 Indirect Cost Reimbursement 8,700.00 $ 4,350.00 4,350.00 $ - Other Contractural Services 26,900.00 $ 4,483.33 4,185.00 $ 298.33 Telephone 3,600.00 $ 600.00 461.14 $ 138.86 Postage and Freight 2,000.00 $ 300.00 - $ 300.00 Rent Buildings/Equipment/Storage 11,800.00 $ 3,000.00 2,790.84 $ 209.16 Insurance-General 300.00 $ - - $ - Office Supplies General 800.00 $ 100.00 - $ 100.00 Other Office and Operating Supplies 1,000.00 $ 200.00 - $ 200.00 Total Street Lighting Admin Operating 97,300.00 19,533.33 16,154.66 3,378.67 Street Lighting Field Operations Payroll Expense 63,900.00 9,800.00 7,316.43 2,483.57 Emergency Maintenance & Repairs 9,600.00 - - - Other Contractual Services 800.00 100.00 - 100.00 Telephone 500.00 100.00 36.04 63.96 Electricity 44,200.00 7,400.00 2,780.32 4,619.68 Insurance-General 900.00 - - - Insurance-Auto 900.00 - - - Building Maintenace & Repairs 1,700.00 - - - Fleet Maintenance and Parts 1,500.00 300.00 30.00 270.00 Fuel and Lubricants 900.00 200.00 111.59 88.41 Other Equipment Repairs/Supplies 200.00 - - - Personal Safety Equipment 500.00 - - - Electrical Contractors 7,300.00 1,200.00 - 1,200.00 Page 1 of 2 i 1612 A17 Light Bulb Ballast 13,100.00 2,600.00 2,835.13 (235.13) Total Street Lighting Field Operating 146,000.00 21,700.00 13,109.51 8,590.49 Total Field Expenditures 243,300.00 41,233.33 29,264.17 11,969.16 Capital Expenditures: Street Lighting Field Operations Other Machinery/Equipment 1,000.00 200.00 - 200.00 General Improvements - - - - Total Capital Expenditures 1,000.00 200.00 - 200.00 Total Operating Expenditures 244,300.00 41,433.33 29,264.17 12,169.16 Non-Operating Expenditures: Tax Collector Fees 13,700.00 1,370.00 1,174.66 195.34 Property Appraiser Fees 9,000.00 - - - Reserve for Future Construction 444,200.00 444,200.00 444,200.00 - Reserves(2 1/2 mos.for Operations) 57,600.00 57,600.00 57,600.00 - Reserves for Equipment 32,500.00 32,500.00 32,500.00 - Revenue Reserve - - Total Non-Operating Expenditures 557,000.00 535,670.00 535,474.66 195.34 Total Expenditures 801,300.00 577,103.33 564,738.83 12,364.50 Net Profit/(Loss) - (147,349.33) (130,415.01) 16,934.32 Page 2 of 2 161t A17 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet-November 30,2012 Clam Bay Fund 320-FY 2013 (Unaudited) Assets Current Assets Cash and Investments $ 219,006.13 Interest Receivable 296.68 Improvements,Vehicles& Equipment 287,297.40 Due from Tax Collector - Total Current Assets 506,600.21 Total Assets $ 506,600.21 Liabilities and Fund Balance Current Liabilities Accounts/Trade Payable $ 66,421.75 Goods Received/Inventory Recvtd - Accrued Wages Payable Total Liabilities 66,421.75 Fund Balance Fund Balance-unreserved 200,198.08 Excess Revenues(Expenditures) 239,980.38 Total Fund Balance 440,178.46 Total Liabilities and Fund Balance $ 506,600.21 i 161 2 A117 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/Budget-November 30, 2012 Clam Bay Fund 320-FY 2013 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carry Forward $ 354,768.43 $ 22,400.00 $ 22,400.00 $ - Special Assessment 134,400.00 16,128.00 17,385.16 1,257.16 Miscellaneous Income - - Fund 111 32,300.00 - - - Revenue Reserve (6,800.00) - - Interest 800.00 100.00 189.03 89.03 Total Operating Revenues $ 515,468.43 $ 38,628.00 $ 39,974.19 $ 1,346.19 Operating Expenditures: Clam Bay Restoration Engineering Fees $ 164,478.75 $ 5,500.00 $ 4,080.00 $ 1,420.00 Other Contractural Services 10,464.65 - - - Tree Trimming 67,000.00 3,100.00 2,496.00 604.00 Other Equipment Repairs 577.77 - - - Aerial Photography 15,000.00 7,500.00 5,449.80 2,050.20 Minor Operating 2,988.01 - - - Other Operating Supplies 1,500.00 - - - Total Clam Bay Restoration $ 262,009.18 $ 16,100.00 $ 12,025.80 $ 4,074.20 Clam Bay Ecosystem Engineering Fees $ - $ - $ - $ - Licenses and Permits - - - - Other Contractual Services 212,859.25 63,857.78 63,745.75 112.02 Total Clam Bay Ecosystem $ 212,859.25 $ 63,857.78 $ 63,745.75 $ 112.02 Total Capital Expenditures $ 11,000.00 $ - $ - $ - Total Clam Bay Operating Expenditures $ 485,868.43 $ 79,957.78 $ 75,771.55 $ 4,186.22 Non-Operating Expenditures: Tax Collector Fees $ 4,200.00 $ 420.00 $ 335.67 $ 84.33 Property Appraiser Fees 2,700.00 2,160.00 2,015.21 144.79 Reserves for Operations 22,700.00 - - - Total Non-Operating Expenditures $ 29,600.00 $ 2,580.00 $ 2,350.88 $ 229.12 Page 1 of 2 1612 i A17 Total Expenditures $ 515,468.43 $ 82,537.78 $ 78,122.43 $ 4,415.34 Net Profit/(Loss) $ - $ (43,909.78) $ (38,148.24) $ 5,761.53 Page 2 of 2 17 Pelican Bay Services 1612 Municipal Services Taxing Unit Balance Sheet-November 30, 2012 Capital Projects Fund 322-FY 2013 (Unaudited) Assets Current Assets Cash and Investments $ 2,487,506.42 Interest Receivable 2,346.95 Improvements,Vehicles& Equipment 1,213,800.81 Due from Tax Collector - Total Current Assets 3,703,654.18 Total Assets $ 3,703,654.18 Liabilities and Fund Balance Current Liabilities Accounts/Trade Payable $ 1,203.15 Goods Received Inv. Received 6,617.25 Total Liabilities 7,820.40 Fund Balance Fund Balance-unreserved 2,501,578.47 Excess Revenues(Expenditures) 1,194,255.31 Total Fund Balance 3,695,833.78 Total Liabilities and Fund Balance $ 3,703,654.18 1 1 6 1 Er 417 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/Budget-November 30,2012 Capital Projects Fund 322-FY 2013 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carry Forward $ 2,618,011.49 $ 2,553,384.04 $ 2,553,384.04 $ - Transfer from Fund 109 General 241,700.00 241,700.00 241,700.00 - Foundation Payment for Crosswalks - - - - Special Assessment 324,400.00 38,928.00 41,991.26 3,063.26 Transfer from Tax Collector - - - - Interest 25,700.00 4,283.33 1,480.63 (2,802.70) Total Operating Revenues $ 3,209,811.49 $ 2,838,295.37 $2,838,555.93 $ 260.56 Operating Expenditures: Irrigation&Landscaping Hardscape Project(50066) Engineering Fees $ 125,332.12 $ 20,888.69 $ 3,928.65 $ 16,960.04 Other Contractural Services 2,714,133.64 81,424.01 66,132.73 15,291.28 Sprinkler System Repairs - - - - Landscape material 64,550.01 22,592.50 22,652.25 (59.75) Permits - - - - Electrical - - 2,285.67 (2,285.67) Other Operating Supplies(Pavers) - - - - Other Road Materials - - - - Traffic Sign Restoration Project(50103) Traffic Signs 78,920.00 - - - Lake Bank Project(51026) Swale &Slope Maintenance 192,775.72 48,193.93 40,725.00 7,468.93 Engineering Fees - - - - Other Contractural Services - - - - Total Irrigation & Landscaping Expenditures $ 3,175,711.49 $ 173,099.13 $ 135,724.30 $ 37,374.83 Non-Operating Expenditures: Tax Collector Fees $ 10,000.00 $ 1,000.00 $ 810.77 $ 189.23 Property Appraiser Fees 6,600.00 4,950.00 4,867.45 82.55 Reserve for Contingencies - - - - Revenue Reserve 17,500.00 - - - Total Non-Operating Expenditures: $ 34,100.00 $ 5,950.00 $ 5,678.22 $ 271.78 Total Expenditures $ 3,209,811.49 $ 179,049.13 $ 141,402.52 $ 37,646.61 Net Profit/(Loss) $ - $ 2,659,246.24 $2,697,153.41 $ 37,907.17 Page 1 of 1 • December 5,2012 Pelican Bay Services Division Board Regular Session Tai. Pathways Ad-Hoc Committee-Approval of recommended approach Page 1 of 4 PBSD PATHWAYS PROJECT DRAFT 6.3 1612 A1 7 Purpose To provide the basis for an informed PBSD decision for community pathways and long-term tree canopy enhancements along Pelican Bay Blvd. Public Participation The entire project will be designed to encourage public participation. As each phase of analysis is developed,the process and results of analysis will be presented in open town hall type meetings that encourage public questions and comments. The final recommendations will only be developed after the analysis phase is completed, and will be based on the consensus of the community's reactions. Step 1: Select Experts - Engineer; and - Certified Arborist(details regarding possible ways to choose the arborist will be discussed at the September 24 Committee meeting) Step 2: Experts' Assignment - Evaluate selected and representative large trees along length of Pelican Bay Boulevard to determine tree health and remaining lifetime,using 10-15 trees in 2 sections: o The Commons to North Tram Station, and o Northeast of North Tram Station to US 41 - Evaluate impact of various root barriers and pathway widths on selected and representative nearby trees in the above sections, for the following scenarios: o Existing 5-foot pathway o 6-foot pathway o 8-foot pathway - Evaluate impact to selected trees of County's recent asphalt overlay - Evaluate cost and impact to trees of using alternative materials to construct pathways: o Asphalt o Concrete - Produce written analysis documenting the above work that is specific, complete, and that can be understood by the community and PBSD Board Step 3: PBSD Board's Assignment - Conduct a statistically sound resident survey regarding: o Frequency of use of pathways for walking,jogging, and biking o Frequency of use of Blvd. for biking o Determine preference for marking Blvd. for bicycle lanes: • Keep Blvd. as is; or • Restripe with one 12-foot lane for vehicles; and one 12- foot lane dedicated to bicycles; or • Restripe with one 12-foot lane for vehicles only; and one 12-foot lane to be shared by both vehicles and bicycles(Sharrow); or • Restripe with two 10-foot lanes for vehicles; and one 4-foot lane for bicycles - Have staff revisit County practice and codes for pathways and bicycle usage Page 1 of 2 December 5,2012 Pelican Bay Se ices Divis'on Board Regular Session Tai. Pathways Ad-Hoc Committee�Ap val f re o mended ifproach Page 2 of 4 /m•r A 1 7 PBSD PATHWAYS PROJECT DRAFT 6.3 Step 4: Develop Recommended Approach - Board and staff will recommend a comprehensive approach to be used for pathways and tree canopy along Pelican Bay Blvd, including: o Type of root barriers o Pathway widths o Pathway materials o Recommended changes to the tree canopy - The recommendations will also incorporate estimated cost to implement and general implementation schedule - Report will be broadly disseminated to the community and discussed at public town hall session during season Step 5: Board Makes Final Decision Regarding: - Type, width, and placement of pathways and tree canopy - Bicycle markings for Blvd. - Possible timing - Actual vote to occur in season, after specifics have been broadly disseminated to the community Revised 9/14/2012 3:06:15 PM KID&LRJ Page 2 of 2 December 5,2012 Pelican Bay Service• Division Board Regular Session 7ai. Pathways Ad-Hoc Committee-Apt royal of recommended approach Page 3 of 4 1 6 1 A 1 7 I PBSD PATHWAYS PROJECT DRAFT 64 De eted:3 Purpose To provide the basis for an informed PBSD decision for community pathways and long-term tree canopy enhancements along Pelican Bay Blvd. Public Participation The entire project will be designed to encourage public participation.As each phase of analysis is developed,the process and results of analysis will be presented in open town hall type meetings that encourage public questions and comments.The final recommendations will only be developed after the Deleted:d,and will be based on the consensus of community has been given the opportunity for input and the analysis phase is complete_ he community's reactions. Deleted:and¶ Step 1: Select Experts Formatted:Font:Italic Engineer;. Formatted:Font:Italic - Certified Arborist''and, Deleted: (details regarding possible ways to choose the arborist will be discussed at the Traffic Safety Expert September 24 Committee meeting) Deleted:<#>Evaluate selected and Step 2: Experts'Assignment representative large trees along length of Conduct a census of trees alon the len h of Pelican Bay Boulevard measuring each trunk's' Pelican Bay Boulevard to determine tree g health and remaining lifetime,using 10-15 distance dtsFB ee from the sidewalk and the street noting each type of tree. trees in 2 sections:¶ Step 3: PBSD Board's Assignment <#>The Commons to North Tram Station, and¶ - Conduct a statistically sound resident survey regarding: <#>Northeast of North Tram Station to US o Frequency of use of pathways for walking,jogging,and biking 41¶ <#>Evaluate impact of various root barriers o Frequency of use of Blvd.for biking and pathway widths on selected and o Determine preference for marking Blvd.for bicycle lanes: representative nearby trees in the above sections,for the following scenarios:¶ - slave staff revisit County practice and codes for pathways and bicycle usage <#>Existing 5-foot pathway¶ <0>6-foot pathway¶ <0>8-foot pathway/ Step 4: Develop Recommended Approach 4-,Evaluate impact to selected trees of - Board and staff will recommend a comprehensive approach to be used for pathways and County's recent asphalt overlay¶ <#>Evaluate cost and impact to trees of using tree canopy along Pelican Bay Blvd,including: alternative materials to construct pathways:¶ o Type of root barriers <#>Concrete¶ o Pathway widths <#>Produce written analysis documenting the o Pathway materials above work that is specific,complete,and )' that can be understood by the community and o Recommended changes to the tree canopy } PBSD Board¶ }} - The recommendations will also incorporate estimated cost to implement and general (Formatted:Indent:Left: 1" implementation schedule Deleted:<#>xeep Blvd.as is;or¶ - Report will be broadly disseminated to the community and discussed at public town hall <#>Restripe with one 12-foot lane for vehicles;and one 12-foot lane session during season dedicated to bicycles;oil <#>Restripe with one 12-foot lane for Step 5: Board Makes Final Decision Regardin P: vehicles only;and one 12-foot lane to be shared by both vehicles and bicycles - Type,width,and placement of pathways and tree canopy (Sharrow);or¶ - Bicycle markings for Blvd. <#>Restripe with two 10-foot lanes for vehicles;and one 4-foot lane for - Possible timing bicycles¶ - Actual vote to occur in season,after specifics have been broadly disseminated to the Deleted: -Page Break- community PBSD PATHWAYS PROJECT DRAFT 6 311 Deleted:¶ Revised 11/19/2012 4:34:45 PM by LRJ based on edits made 11/4 9 9 Revised 9/14/2012 3:06:15 PM KJD&LTV December 5,2012 Pelican Bay Services Division Board Regular Session 7ai. Pathways Ad-Hoc Committee-Approval of recommended approach Page 4 of 4 PBSD PATHWAYS PROJECT DRAFT 6.4 161 ^ C A I ; Purpose To provide the basis for an informed PBSD decision for community pathways and long-term tree canopy enhancements along Pelican Bay Blvd. Public Participation The entire project will be designed to encourage public participation. As each phase of analysis is developed, the process and results of analysis will be presented in open town hall type meetings that encourage public questions and comments. The final recommendations will only be developed after the community has been given the opportunity for input and the analysis phase is complete. Step 1: Select Experts - Engineer; - Certified Arborist; and - Traffic Safety Expert Step 2: Experts' Assignment Conduct a census of trees along the length of Pelican Bay Boulevard measuring each trunk's distance from the sidewalk and the street noting each type of tree. Step 3: PBSD Board's Assignment - Conduct a statistically sound resident survey regarding: o Frequency of use of pathways for walking,jogging, and biking o Frequency of use of Blvd. for biking o Determine preference for marking Blvd. for bicycle lanes: - Have staff revisit County practice and codes for pathways and bicycle usage Step 4: Develop Recommended Approach - Board and staff will recommend a comprehensive approach to be used for pathways and tree canopy along Pelican Bay Blvd, including: o Type of root barriers o Pathway widths o Pathway materials o Recommended changes to the tree canopy - The recommendations will also incorporate estimated cost to implement and general implementation schedule - Report will be broadly disseminated to the community and discussed at public town hall session during season Step 5: Board Makes Final Decision Regarding: - Type, width, and placement of pathways and tree canopy - Bicycle markings for Blvd. - Possible timing - Actual vote to occur in season, after specifics have been broadly disseminated to the community Revised 11/19/2012 4:34:45 PM by LRJ/based on edits approved 11/7/2012 December 5,2012 Pelican Bay Services Division Board Regular Session 7aii. Pathways Ad-Hoc Committee-Selecting an arborist for tree canopy/pathways/bike lane project(Keith J.Dallas,Chairman) Page 1 of 7 1612 A17 Selecting an Arborist for Tree Canopy/Pathway/Bike Lane Project As the first step in the PBSD Tree Canopy/ Pathways/ Bike Lane study, the PBSD is hiring an arborist to evaluate selected and representative trees along Pelican Bay Boulevard to determine tree health and remaining lifetime and to recommend methods to maintain and enhance our tree canopy while implementing pathways improvements. Staff consulted several local landscaping experts to provide advice, suggestions, and recommendations to find a local, qualified arborist. All of the landscaping experts consulted endorsed ISA Certified Arborist, Ian Orlikoff, owner and founder of Naples-based Signature Tree Care. Recently staff and I interviewed Ian to discuss his qualifications and experience, and to hear his comments on our proposed Scope of Project.We were impressed with his background and thoughtful approach to maintaining healthy tree canopies and have asked that he attend our December 5th PBSD to introduce himself and possible approaches to the study. Ian Orlikoff is the same arborist who was hired earlier this year by a group of Pelican Bay residents led by Mr. Rick Galli to comment on their concerns that widening our pathways might damage abutting trees.A copy of his initial thoughts from earlier this year is attached and his resume will be distributed before the meeting. I will ask at our Wednesday meeting that PBSD retain Ian Orlikoffs arborist services for this project. I think he will be a valuable resource for us, and add a professional dimension to our analysis that we have not had in the past. Keith J. Dallas, Chairman December 5,2012 Pelican Bay Services Division Board Regular Session aii. Pathways Ad-Hoc Committee-Selecting an arborist for tree canopy/pathways/bike lane project(Keith J.Dallas,Chairman) Page 2 of 7 Signature Tree Care,ac 1612 417 . 481 10th Avenue N.E. • Naples, Florida 34120 Office: (239)348-1330 • Fax: (239)348-3133 Email: info@signaturetreecare.com IAN ORLIKOFF ISA Certified Arborist#FL-1037A Florida Certified Horticulture Professional#H605653 Ian Orlikoff 481 10 Avenue NE,Naples,FL 34120 Office: 239-348-1330,348-1302 Fax:239-348-3133 Email: info a(�sianatutretreecare.com,infona ecoloaiclandcare.com Websites: signaturetreecare.com,ecologiclandcare.com Owner and President,Signature Tree Care,LLC and Eco Logic Land Care EDUCATION: September 2002,International Society of Arboriculture(ISA),Certified Arborist, License No.FL-1037A April 2004,Florida Nursery,Growers and Landscape Association(FNGLA),Certified Horticulture Professional (FCHP),Certificate No.H605655 NOFA Accreditation(Northeast Organic Farming Association),Organic Land Care Professional,2010 BMP Instructor(Best Management Practices;Florida Green Industries)#T-RB002190-2 MOT Certification,Intermediate Level,Southwest Florida Safety Council CDL Class A Driver CPR and First Aid Certification,Red Cross EMPLOYMENT EXPERIENCE: 1991-1995 Navy Corpsmen 1997-2001 Drop Zone Tree Service,sole proprietor,North Carolina 2002 to present Signature Tree Care,LLC,owner and president Work including but not limited to the following: Consultations and estimates for residential and commercial properties Customized pruning programs Lethal Yellowing inoculation program for Collier County Aerated Compost Tea programs Organic Lawn and Landscape Care Preservation Heavy crane operations Technical rigging High angle rescue Work experience with over ten previous hurricanes Removals Stump grinding Biological soil conditioning December 5,2012 Pelican Bay Services Division Board Regular Session 7aii. Pathways Ad-Hoc Committee-Selecting an arborist for tree canopy/pathways/bike lane project(Keith J.Dallas,Chairman) Page 3 of 7 1612 Al ? Signature Tree Care,uz . 481 10th Avenue N.E. • Naples, Florida 34120 Office: (239) 348-1330 • Fax: (239)348-3133 Email: info@signaturetreecare.com IAN ORLIKOFF ISA Certified Arborist#FL-1037A Florida Certified Horticulture Professional#H605655 EMPLOYMENT EXPERIENCE(cont.): Air spade services Eco sensitive fertilizing programs Compost top dressing applications/Vermicompost applications Lethal yellowing inoculation programs for residential/commercial properties Transplanting trees up to 30"trunk diameter I installations Tree and shrub planting Tree standing and bracing Cabling(static and dynamic) Root barrier systems Root Pruning and management Disease and insect management Organic/Biological pest treatments Vegetable garden designs,installations,and monitoring Customized compost systems,compost management Site planning and supervision Code violation remediation Assisted Contractor's Licensing Board with development of Tree Trimming Contractor's Exam Assisted University of Florida with redevelopment of Tree Trimming Contractors Exam VOLUNTEER WORK: donate arborist services on an as needed basis to present Collier County Horticulture Advisory Team—attend quarterly meetings Conservancy of Southwest Florida—bird rescues and placing of fallen birds back into nests. BMP Instructor-Best Management Practices;Florida Green Industries program YMCA of Collier County,tree work YMCA of Bonita Springs,tree work University of Florida;Collier and Lee County extension offices, Instructor as needed 10/07 Collier County Extension Service: Yard and Garden Show,Educational Participant,also completed pruning demonstration with Dr.Doug Caldwell 11/07 Climate Change Trade Show—Educational Participant 3/08 Collier County Extension Office: Pruning demonstration with Dr.Gilman for ISA Seminar 4/08 Arbor Day at Seagate Elementary School—Educational Participant 5/08 Xtreme Yard Makeover—Southwest Florida Water Management project—8 large tree removals 9/08 UF,Lee County Extension Service:Guest Instructor,ISA Certified Arborist Exam Preparation class(2 sections) 10/08 Collier County Extension Service: Yard&Garden Show,guest speaker and pruning demonstration with Dr. Doug Caldwell 11/08 South Naples Farmer's Market—Educational participant regarding organic plant health care December 5,2012 Pelican Bay Services Division Board Regular Session aii. Pathways Ad-Hoc Committee-Selecting an arborist for tree canopy/pathways/bike lane project(Keith J.Dallas,Chairman) Page 4 of 7 i61 A l ? � Signature Tree Care,LLC 481 10th Avenue N.E. • Naples, Florida 34120 Office: (239) 348-1330 • Fax: (239)348-3133 Email: info @signaturetreecare,com IAN ORIIKOFF ISA Certified Arborist#FL-1037A Florida Certified Horticulture Professional#H605655 VOLUNTEER WORK(cont.): 1/09 Collier County Extension Service,Master Gardener Workshop Series,Guest speaker,"Branching Out-Tree and Shrub Care"audio-visual presentation 3/09 Calusa Garden Club of Marco Island Plant&Garden Expo,Guest speaker,`Sustainable and Organic Plant Care' 4/2/09 Up By Roots,ISA,guest speaker,Tree Hazards presentation 4/24/09 Health Care for Senior Trees,ISA seminar,guest speaker on Mature Tree Care,Lightning Protection and Cabling/Bracing sections 6/2/09 Caloosa Rare Fruit Exchange Club,Guest speaker,Organic Plant Care 7/15/09 UF,Collier County Extension Service,"Managing Preserves"seminar,guest speaker on Proper Tree Care 10/19/09 Collier Fruit Grower's Club,Guest speaker, Sustainable and Organic Landscape Care 11/09Tarmer's Market—Educational participant regarding organic plant health care 11/14/09 FGCU,Organic Gardening seminar,guest speaker,Aerated Compost Tea 11/30/09 UF,Collier County Extension Service,Tree removal techniques demonstration 1/10 Pelican Marsh school—Consulting services,installation of irrigation for school garden 5/10 UF,Collier County Extension Service—Urban Farm&Garden Workshop—guest speaker,2 presentations: Compost&Soil Amendments,Backyard Vegetable Gardening 6/10 Trees Florida 2010—guest speaker,The Use of Compressed Air in the Rhizosphere 11/13/10 Unitarian Universalist Church,Organic Gardening group,Guest speaker,"Compost Teas and Their Uses" 1/13/11 Collier County Master Gardener workshop,guest speaker Environmentally Friendly Landscapes 2/12/11 Trees Progress Workshop,Lee County Extension Office and Florida Forestry Service,guest speaker, "Urban infrastructure,root interference&root barriers" 3/15/11 UF Collier County,Guest speaker&demonstrator, Subordination pruning video with Dr. Doug Caldwell 4/5/11 University of Florida,Collier County Extension Service,guest presenter on"Tree Pruning for Health and Safety"video with Dr.Caldwell 4/9/11 and 10/15/11 Heartland Garden Club,guest speaker,Compost Teas 4/13/11 University of Florida,Proper Pruning:Roots and Sidewalks,assisted Dr. Ed Gilman,guest speaker and pruning demonstrations 8/31/11 Conservancy of SW Florida: Bat re-nesting documentary video,arborist services 11/18/11 Pelican Marsh school,guest speaker,Soil Food Web audio-visual presentation with microscope demonstration for 2"d and 3`d graders,school organic garden consultation 2/17/12 UF,Collier County Extension Service,Collier County Tree Worker Exam Committee,assist in redesigning questions for testing 7/18/12 Best Management Practices,Instructor for Proper Pruning 11/2/12 University of Florida,Lee County,instructor for ISA Certified Arborist Exam Prep Class:Tree Safety and Climbing and Working in Trees 11/13/12 University of Florida,Assistant instructor to Dr.Edward Gilman,Proper Pruning demonstration,UF seminar at Naples Botanical Garden December 5,2012 Pelican Bay Services Division Board Regular Session 7aii. Pathways Ad-Hoc Committee-Selecting an arborist for tree canopy/pathways/bike lane project(Keith J.Dallas,Chairman) Page 5 of 7 161 . 2 A17 Signature Tree Care,>c 481 10th Avenue N.E. • Naples, Florida 34120 Office: (239) 348-1330 • Fax: (239)348-3133 Email: infofsignaturetreecare.com IAN ORLIKOFF ISA Certified Arborist#FL-1037A Florida certified Horticulture Professional#H605655 REFERENCES: Doug Caldwell,University of Florida Collier County Extension office,Commercial Landscape Horticulture, (239)353-4244 x 203 Dr.Ed Gilman,Professor,Department of Environmental Horticulture,University of Florida,(352)392-1831 x 373 Mr.Norm Easey,Florida ISA Executive Director,(941)342-0153,Email: Floridaisa @comcast.net Liz Soriano,Collier County,239-252-6081 Mr.Roger Clark,Lee County Roz Katz,Lucerne Condominium Susan Wood,residential client PROFESSIONAL CONTINUING EDUCATION: 9/02 Grades and Standards of Landscape Trees-ISA 10/02 Tree Pruning-ISA 3/03 Hazard Tree Workshop-ISA 3/04 Pruning trees for safety,health and aesthetics-ISA 6/04 Trees Florida 2004 Conference • 4/05 Hazard Tree Workshop-ISA 5/05 9`h Annual Roots Plus Growers Workshop 9/05 Palm Lethal Yellowing-UFL Extension 6/06 Tree Preservation on Construction Sites-ISA 6/06 Trees Florida 2006 Conference 6/07 Environmentally Sensible Symposium—Forestry Resources 6/07 Best Management Practices—Green Industries 6/07 Pesticide Applicator certification—Green Industries 7/07 Urban Forest: Hurricane Recovery Program—ISA 8/07 Spanish Landscape Maintenance Series:Completed Pruning Demonstration 9/07 Trees in Urban Landscaping: What Hurricanes Teach Us-ISA 9/07 Annual Society of Municipal Arborists Conference 10/07 Theory and Practice: Art and Science of Tree Appraisal-ISA 11/07 Great Southern Tree Conference—FNGLA 3/08 Pest ID and Control—ISA 3/08 Pesticide Applicator Training 3/08 Plant Health Care—ISA 4/08 Pesticide Training 4/08 Arborist Safety and Climbing—ISA 5/08 Palm Management—ISA 9/08 Sustainable Studies Institute—Soil Food Web series(5 days) 11/08 Climbing and Safety—Vermeer December 5,2012 Pelican Bay Services Division Board Regular Session 7aii. Pathways Ad-Hoc Committee-Selecting an arborist for tree canopy/pathways/bike lane project(Keith J.Dallas,Chairman) Page 6 of 7 . A Signature Tree Care, 16 1 2 17 . 481 10th Avenue N.E. • Naples, Florida 34120 Office: (239) 348-1330 • Fax: (239)348-3133 Email: info@signaturetreecare.com IAN ORLIKOFF 1SA Certified Arborist#FL-1037A Florida Certified Horticulture Professional#H605655 PROFESSIONAL CONTINUING EDUCATION(cont.): 2/09 MOT Certification,Southwest Florida Safety Council 4/09 Up By Roots,ISA 4/09 Health Care for Senior Trees- ISA 5/09 Best Management Practices(BMP) Green Industries Certification 8/09 Pesticide applicator certification-Limited Commercial Maintenance,University of Florida 12/09TGCU,Organic Vegetable Gardening certification 1/8/10 TPIE Conference classes,FNGLA 02/10 NOFA—Organic Land Care certification 4/10 Introduction to Permaculture,FGCU,Dr.Segal 5/10 Diagnosing Biotic and Abiotic Disorders,Fl. Dept of Agriculture 6/10 Trees Florida 2010—ISA 7/10 Safety&Climbing,ISA 9/10 Tree Risk Assessment Workshop,FNGLA 9//10 BMP recertification,Project Greenscape,City of Naples 1/11 Trees and the Law,ISA • 3/11 Bee College,University of Florida 3/11 Urban Pond Management,Project Greenscape,City of Naples 4/11 Proper Pruning:Roots and Sidewalks 11/11 Climbing and Safety,ISA 1/12 Advanced Pruning Practices,ISA 3/12 CPR and First Aid Certification 6/12 Trees Florida,ISA 7/12 Proper Tree, Shrub and Palm pruning,BMP,Florida Green Industries 8/12 ISA National Conference • 1612 = 17 co g 7---. /..--\ L tfrr r= .? . ,, .NA: ti ,° x f} ;.� ii':' fr P; ✓ . ; \ *?3 rte. U ha � ss•,. �„ r� V.,-.' c}' 4 a: � f ';r^� =i: �i;�r �'4y.f «5�4�+ «r ," '��' 4' � �N• I. � '` �, t\ ix�"('r 1 �"i i"1y" i"i tN .+1� 'ii i• rh t ia•t\ rot rt r��'\\ r i ti••eae\\ rf,�t°//''.4`a 0�� li "Y'i +t•�J { m tai • 'b�,r y Y� '" \Y ♦ Vet, S • Ii 4\ ri+, 11 ,� NA 1 it ',PO wi. Ifs 0 V 11 \. ii, 'ie" i r S. 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Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified Arborist,April 2012 reports Page 1 of 22 161 2 A17 1 0 Signature Tree Care,ac 481 10th Avenue N.E. • Naples, Honda 34120 Office: 1239)348-1330 • Fax:(239) 348-3133 Email: infosignaturetreet:are,com IAN©RUKOFF ISA Certified Arborist #FL-103 d A Florida Certified Horticulture Professional#H605655 Aril 27,2012 Attention: Rick Galli,Galli Builders Re:Pelican Bay Services Division, Pelican Bay Blvd. Pathway Project from Westside-Commons to North Tram Station This is my second letter regarding the great concerns of cutting tree roots for this proposed proje : As an ISA Certified arborist it is my responsibility to make known the hazards whether exis 'ng or potential which will be created. I again stress the importance of not cutting tree roots.It is in my professional opin on that this project which will involve the cutting of tree roots will indeed create a liability whether a wind event takes place or not;even if the trees receive pruning/support after said project is completed. I strongly urge all members inv Ned in this project to reread my report from April 6,2012 and carefully read the below professional references for your eview. 1. Email response from Joe Samnik to Ian Orlikoff,Signature Tree Care: Joe Samnik<joesamnik @experttreeconsultants.com> Tue,Apr 24,2012 at 11:51 AM To: Ian Orlikoff<ian @signaturetreecare.com> "The committee which you reference is ill advised in ignoring the dangers of cutting structural roots close to trees. I would go on record as having someone instruct them on the biology of tree roots and the extreme high risk and result in hazard that will occur if structural roots are cut I do reiterate my professional concern that cutting roots close to trees is cutting structural integrity and the result can be catastrophic. If you are involved in the decision-ijnaking process regarding this matter please make sure that you go on record as having voiced your opinion against such actions. At the very least somebody should get an air knife on the job to excavate dirt and demonstrate what type of root would be cut."-Joe Samnik, President,Samnik&Associates,LLC, Expert Tree Consultants (Joe Samnik is a certified and consulting arborist,State of Florida.He is entering his 43rd year of practice and was awarded the Edward W. Bok lifetime achievement award for excellence in arboriculture.He has been named as an expert witness in over 500 litigation matters involving trees and tree disputes.Joe is entering his 43rd year of practice r'ncompassing tree issues,arboreal and horticultural consulting,dispute resolution,permitting and compliance with tree ordinances. ) Arborist Consultation,Galli Builders,Pelican Bay Services Division Pathway Project,April 27,2012 December 5,2012 Pelican Bay Services Division Board Regular Session 7aii.Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified A orist,April 2012 reports Page 2 of 22 i 121 A17 2 Signature Tree Care,LLC 481 10th Avenue N.E. • Naples, Florida 34120 Office: 1239) 348-1330 • Fax:12391 348-3133 Email: infottsignaturetwiecare.com IAN ORLIKOFF ISA Certiiie<I Arberlst #Ft.-103;A Itorirla Certified 1-lortiii uiture Prrrfecsional#t4056i7 2.'Sidewalks and tree roots:cracked up the way it shouldn't have been', By DOUG CALDWELL,Posted September 4, 2009 at 4:02 p.m.on Naples News.com:(see also attached article) 'We tell people to avoid cutting large roots. Ed Gilman,the University of Florida tree guru,says roots greater than one or two inches in diameter within five times the trunk diameter should not be removed(well maybe just one is OK?):For example,say the trunk diameter is 15 inches,then large roots could be cut but only 75 inches out f om the trunk.There are horror stories of municipalities doing sidewalk repairs by using the"cut the roots out"techniqu and trees blowing over and crushing occupants in cars.' 3.Tree Roots in the Built Environment' By John Roberts,Nick Jackson,Mark Smith,page 259,Section 8.3.4: "In addition to their role in taking up essential resources for growth from soil,roots provide anchorage for trees, ensuring that they remain upright.There is a danger that root cutting can compromise the support function of roots and increase the risk from trees falling during periods of strong wind. Particularly in an urban environment,this would pose an unacceptable danger to life and property." 4.as per website: http://shadetreeexpert.com/sidewalks.html 'Cutting Roots: An additional problem with root pruning is the loss of tree stability.Trees have stability against wind throw because of the lateral roots.Tap roots are rare and quite small in most broadleaf trees and provide virtually no support.When the important lateral roots are pruned,tree stability can be reduced.Research at the Bartlett Tree Research Laboratories has demonstrated that cutting large lateral roots within the root plate,which is a distance from the trunk of three times the trunk diameter,can destabilize a tree. For example a 20-inch diameter tree should not have roots cut closer than 60 inches from the tree(3 X 20=60). In a 6-foot wide swale with a growing tree,that does not allow space to root prune at the edge of the sidewalk.So root pruning should only be done as a last resort when all other methods have been judged as not feasible.And those ordering cutting of major lateral roots should be aware of the liability for tree failure that root cutting creates.' 5.As quoted from'Urban And Community Forestry in the Northeast' By John E. Kuser,page 280,Section on Sidewalk Interference: 'Great care must be taken in any root-cutting operation used to correct sidewalk problems so that the tree retains its structural support system." Arborist Consultation,Galli Builders,Pelican Bay Services Division Pathway Project,April 27,2012 December 5,2012 Pelican Bay Services Division Board Regular Session 7aii. Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified Arborist,April 2012 reports Page 3 of 22 1612 Al ? 3 Signature Tree Care, 481 10th Avenue N.E. • Naples. Florida 34120 Office; (239)348-1330 • Fax: (239)348-3133 Email: info `signaturetreecare.com IAN ORLIKOFE ISA Certified Arborist #F1-1037. Florida Certified Horticulture Professional#H605655 6.See attached article from Tree Care Industry Magazine,July 2001,"Prioritizing Risk Trees in a Com unity" by Brian Kane,certified arborist and Ph.D.candidate at the University of Massachusetts researching tree risk nalysis,Dr.H. Dennis P. Ryan,Professor of Arboriculture&Community Forestry at University of Massachusetts,an Dr.David V. Bloniarz,head of USDA Forest Service Northeast Center for Urban and Community Forestry at Amhe st. 'Ultimately responsible for a tree's structural stability,the roots also provide water and dissolved minerals from the soil...Root damage or loss accounts for a large percentage of tree deaths and failures.' Last section of article titled Conclusion: "Some communities are under the assumption that if they don't know about a hazard tree,then they are not responsible when it fails. Nothing could be further from the truth. In a 1994 court case in Connecticut,for example,Judge Anne C.Dranginis ruled that"all property owners-state and private,city and rural-have the legal obligation to inspect their road or streetside trees for age,condition or weaknesses that mi:ht make them a hazard to passersby." 7, See excerpt from National Arborists website: (article attached) https:/Jwww.natlarb.com/html/broward county fl.php 'The current philosophy in most cities in Broward County,FL is to not remove the tree,but to just eli inate the tree roots damaging the sidewalk. How are offending tree roots eliminated?Sometimes the tree roots n:ar sidewalks are chopped out with an axe,or the tree roots might be pulled out with a backhoe,or the city might use a stump grinder to grind out the offending tree roots near a sidewalk.All of these methods place the tree and cit resi••nts at risk in two ways.Cutting large tree roots can affect the stability of the tree.The next windstorm might cause the tree to be blown over after the root cutting has been done.Cutting large tree roots near a sidewalk might also lead to decay fungi entering the tree.The end result of this will also be a fallen tree at some point in the future.Cutting large tree roots is usually a temporary fix to the problem.The roots will be cut,a new sidewalk will be put in,and then the tree will grow new roots to damage the new sidewalk.Every time root cutting is done the chances of the tree being blown over,or decay entering the tree,increases.' Respectfully, Ian Orlikoff Arborist Consultation,Galli Builders,Pelican Bay Services Division Pathway Project,April 27,2012 December 5,2012 Pelican Bay Services Division Board Regular Session 7aii. Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified Arborist,April 2012 reports Page 4 of 22 e 17 0 1 2 UF Horticulture Sidewalks and Tree Roots: A little flexibility needed Doug Caldwell 44 F4 • r` '1 sj r a sex "_ tom• :_ a 3 �; .;.'�' '_� - Left, these two oaks are not only in a tiny spot, but also planted by the utility and water lines in a new north Naples community. Choosing one smaller tree species such as a fiddle wood, Simpson stopper or pigeon plum would have been more appropriate. Right, this cracked up sidewalk is an extreme case in New Orleans, but again, proper placement and species selection would have avoided this situation. We have major irregular sidewalk problems in too many Naples communities which should have been avoided. But like the Sunday morning "quarterbacks", it is always easier to criticize after the fact. Twelve to fifteen years ago or more, southern live oaks (Quercus virginiana) were selected as the native canopy tree to meet County landscape requirements in many communities, perhaps I should say 98% of the communities. Even though there are 21 large tree species and 15 medium to small tree species (see list at: http://collier.ifas.ufl.edu/ and • type, 'collier county extension plant selection' in the search box) that could have been selected from the County approved list. OK, so live oak is a large species (eventually reaching 70 feet tall by 90 feet wide), with a moderately rapid growth rate. I like to say it is a pasture tree. Let's plant them about 3 to 5 feet from sidewalks or 5 feet from utility boxes and lines. Now the sidewalks are lifting. December 5,2012 Pelican Bay Services Division Board Regular Session 7aii. Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff,ISA Certified Arborist,April 2012 reports Page 5 of 22 6 Al ? Its not like when I was a kid back in Indiana and the roots of the huge sugar rn ples along the sidewalks created much sought after skateboard ramps...lots of fun! No, her and now, I should add. sidewalk irregularities are viewed as a possible law suit when a pe on fails to navigate the sudden elevation of a projected slab in our concrete jungle. If one st mbles and sprains or breaks an ankle or wrist, we are talking some creature discomforts nd litigious actions. Communities are looking for solutions. Oh, and this 1963 homemade- skateboard pro wannabe sees another wrinkle, the ADA Americans with Disabilities Act iss ed in 1991 guidelines states "surfaces must be stable, firm and slip-resistant." What to do? Surprisingly, tree roots find the area beneath a sidewalk a favored environment to collect the right combination of both water and air, so they tend to congregate there. Generally, the protruding slab, which is being lifted by the increasing girth of the tree roots, is either ground down (short term results) or the slab is broken up and the offending roots cut out and a new slab poured (longer term results, but tree may fall over in high w d events). We tell people to avoid cutting large roots. Dr. Ed Gilman, the University of Florid tree guru, says roots greater than one or two inches in diameter within 5 times the tru k diameter should not be removed (well maybe just one is OK?): For example, say the trunk diameter is 15 inches, then large roots could be cut but only 75 inches out from the trunk There are horror stories of municipalities doing sidewalk repairs by using the "cut the roots out" technique and trees blowing over and crushing occupants in cars. There are some 10 or so approaches: 1. remove trees and replace with smaller species; 2. remove slab add fill soil , then re-pour; 3. root prune and re-pour; 4. root barriers 5. re-route sidewalk; 6. alternative sub-base/reinforce; 7. bridging; 8. alternate surface materi Is; 9. slab- jacking and 10. prune shade trees (maintain their natural shape, no round-overs r lollypops) to keep them maintained at a shorter stature so the roots will be less likely to gr as large as well. If you are interested in exploring various approaches to mitigate tree roots a d sidewalk conflict, the University of Florida, Collier County Extension Office is holding a f e class on Friday August 21 from 9:00 to 11:00 at our office at 14700 Immokalee Rd. to discuss various treatment options. Call 353-4244 to register. Seating is limited. ISA (International Society of Arboriculture) CEUs are pending. Reference text Reducing Infrastructure Damage by Tree Roots: A compendium f strategies By Laurence R. Costello and Katharine S. Jones. 2003; $17 for no -members. http://wcisa.net/Publications/ChapterOnly.asp Doug Caldwell. Ph.D., is the commercial landscape horticulture extension agent an. landscape entomologist with the University of Florida Collier County Extension Service. The Cooperative Extension Service is an off-campus branch of the University of Florida, Institute of t e Food and Agricultural Sciences and a department of the Public Services Division of Collier County .ovemment. E-mail dougbuq @ ufl.edu ; phone, 353-4244 x203. Extension programs are open to all persons without regard to race, color, creed, sex. handicap or national origin. For updates . Southwest Florida Horticulture visit:http:l/collier.ifas.ufl.edu December 5,2012 Pelican Bay Services Division Board Regular Session 7aii.Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff,ISA Certified Arborist,April 2012 reports Page 6 of 22 i 6 o12 117 Broward County,FL-Tree Service,tree care,tree tnnuturtg,tree removal. https:"www.natlarb convhtml,broward county_fl.pt$a 4- National Arborists Your online resource for local tree service companies&tree care iNormatton. I 'LI I iiii &nwartl County.FL Tree Care cannawi or.Coog Homeowner Sorry we do not have a tree service or Maoist listed. Please MI out the form below and we can Information help find a local tree care service to help. ,find a Tree Service If your a tree care service company and would eke to have your information displayed on this page, please fell out the form or vise cur'Adverrse wee_i- page. What is an I.A First name Certified Arborist? Last name Protecting Trees Address DwinConettucrisn Zip t7rganic Tree Care City tnfotmatlon County State _ Inform ion for Tree Phone Services&Arborists E-mail Arbonst Training Information& Cettifcatton Programs MIN Advertise your Tree How Can We Help? ttMvtce t:omp]O on thiv site. Bevel Buddy Chipper !<.nifeSharpeninq 700! 3 Enter theshowncode- � x d s.„..k,Wrnvun Prtde'x List Local R n i n y Ruac La cal Ratings it Seviens Fro Cortradxs in vat Naam,w:.un:u:av.*,4r. Tree Service.Rear RF„u s S Get:.saes Fran Lard Tree Experts Free Suarcn.so.::.,01..s:y,_ g6^_tftlege,r1 hie[:,'rhe Re atnorar1Famuawrs Ever Me Tas rest Weeds,Gurrartwo...914‘,.s _ Tree Roots And Sidewalk Damage • Its not uncommon for tree roots to cause damage to sidewalks in Broward County.FL.The problem of tree roots lifting sidewalks is evident in every major city in Broward County.FL.Tree roots damage sidewalks by raising individual sidewalk slabs and by cracking sidewalk slabs.The questions that arise are how to stop tree roots from damaging sidewalks,and what to do wtten tree roots have already damaged a sidewalk. _ Cores in Broward County,FL,and throughout the country are sensitive to tree roots that damage sidewalks because of potential liability issues that go along with damaged sidewalks.Obvious topping hazards put cites at Mil the nsk of a lawsuit,but the continued cost of repainng sidewalks puts a strain on city budgets SIDEWALK DAMAGE FROM TREE ROOTS The best way to stop tree root damage to sidewalks is through proper planning Atree species that is gang to grow large is also going to produce a significant root system to support the tree.Planting a large tree species in the narrow strip between the road and sidewalk is asking for future problems with tree roots and sidewalks. Cities in Broward County.FL know this because they spend thousands of dollars fang sidewalks damaged by tree roots. So.should cities in Brossard County.FL only plant small tree species between the road and sidewalk?Although this may be a viable sdution.city foresters want to incorporate a variety of tree speoes in thee urban forest and It is nice to see a street lined with large,mature trees Mature trees impart many positive social and economical benefits to a neighborhood.Maybe city foresters could lake a different approach needs to the management of trees between the road and sidewalk The current philosophy at most cities in Broward County.FL is to not remove the tree.but to just eliminate the /"-- tree roots damaging the sidewalk.How are offending tree roots eliminated?Sometimes the tree roots near sidewalks are chopped out with an axe,Of the tree roots might be pulled out with a bacldtoe,or the city might use a stump grinder to grind out the offending tree rods near a sidewalk.All of these methods place the tree. anc city residents,at risk n two ways.Cutting large tree roots can affect the stability of the tree.The next _ 4 �`* windstorm might cause the tree to be blown over after the root cutting has been done Cutting large tree roots near a sidewalk might also lead to decay fungi entering the tree.The end result of this will also be a fallen tree at some point in the future.Cutting large tree roots is usually a temporary fu to the problem.The roots will be _ cut,a new sidewalk will be put at and then the tree will grow new roots to damage the new sidewalk.Every time root cutting is done the chances of the tree being blown over.or decay entering the tree.increases • !" Oftentmes,the effects of cutting tree roots are nil Immediately apparent Deciduous trees have stored food 1 reserves and will compensate for damage done to the tree roots.Even though the tree looks heathy a does not I of 2 4/29/2012 4:57 PM December 5,2012 Pelican Bay Services Division Board Regular Session 7aii.Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified Arborist,April 2012 reports Page 7 of 22 Broward County,FL-Tree Service,tree care,tree tritnmirtg,tree removal,.. https:;twww.mtlarb.com/htmlibroward_county_fl.plip mean significant structural damage has not been done to the tree.Just as it can take years for a tree to become - large,a can take years for the effects of root damage to become evident MIMI Should a city create potentially hazardous trees by cutting large tree roots,or just remove the trees for the safety of city residents'This thrice can put a city forester in a no win situation Removing a mature tree can be an unpopular option with city residents even though the overall liability to the city maybe reduced by removing the tree instead of cutting larger roots.The city forester must consider if the liability of the trip hazard caused by a , raised sidewalk may be outweighed by the damaged caused by cutting large tree toots.Cutting large tree roots away from sidewalks now may cause future problems greater than the current liability if the attire tree falls over. The fallen tree may damage property,injure or lull a city resident.and will likely damage the new sidewalk. Instead of continually damaging and weakening a mature tree by cutting large roots the tree could be removed and a new tree planted to replace it There are several things that could be done to extend the useful life of trees planted between the road and the sidewalk.Root bamers can be installed to prevent or redirect root development near sidewalks.Foam has been used below sidewalks as an underlayment for the sidewalk.The foam gives support to the concrete and will compress to accommodate diameter growth of tree roots.Alternatives.such as rerouting the sidewalk around encroaching tree roots should be used whenever possible.Most other alternatives,such as.adding asphalt to raised edges.grinding down raised edges,or re-pouring the concrete to create a mounded sidewalk are shod term fetes The tree roots will continue to increase in diameter and quickly lift the sidewalk again ,i�t*TS.,..,;... y;,,il Mother alternative would be to view the urban forest with a crop rotation approach,If large tree species are going to be planted it can be done with the knowledge that removal and replacement of the trees will be done if sidewalk damage starts to occur.Some ay residents would be upset,but continually replacing sidewalks,and damaging trees in the process,can be a strain on any city budget.Although most urban foresters would be able gyp to relate to this long term view,convincing some city residents that this is the right approach could be difficult veareree Most urban foresters and city residents,would prefer to not remove mature trees.But at what price should a city adhere to this type of policy"City foresters must ether work around the normal growth pattern of the tree or consider removal of the tree Continually cutting large tree roots will eventually result in a large fallen tree. Pattinej[Contact.VA[Teens of Service][Privacy Policy)[MoutUs)[sgernapl Copyright 201D-2O1Z Crosscut Marketing Services!LC • 2 of 2 4/29/2012 4.57 PM December 5,2012 Pelican Bay Services Division Board Regular Session 1 1 2 A. 17 7aii.Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified Arborist,April 20 T2 reports Page 8 of 22 Urban Forestry . rRisk Trees 1",,, 4 t in a Community By Brian Kane. Dr. K. Dennis P. Ryan and Dr. David V. Bloniarz q The weak crotch is all too .+ r .' common along our public ' . 1 :' r r-ir ree wardens, community ar- streets and in some loca- `. ,. ,, borists and urban foresters are lions is the No. 1 reason i� responsible for maintaining park for a tree failing. Early , 14,.;.,-fi " y and street trees that are safe from prob- identification and correc- i r'. *., - , k ; lems that could lead to property damage lion is required. ;or: t ,,,. ,. or injury.The literature offers a general � � ' do --- 4, 't °. consensus about what makes a tree haz- s -- . i b v ardous and how to rectify the risks once I? ` �" +'a identified. Without exception,published ..t ,,.-- � 4 e references agree that a hazard tree must ;°-; . ' ; .: contain both a structural flaw —which "`, °° � . _` -+ µ..4 could cause the tree,or part thereof,to —- ' ' f fail and a target of some value. In ad- dition, a tree may be a hazard if it stands in an environment that might contribute to the . . potential for failure. Ex- -.> 'r � ' " - amples would be sites that + ' rta ,+, r-. are prone to high wind or - ��{� . .K� , ° :°t'` '' ,�„ wet soils. . .. ; ''. .e'*`� •x' .,.•. *+,�,, Another problem that - `` ,„ `' ,r '„tea'= --* '° • ., , �'. • tree wardens must consider -N,"4, tt r ?, when inspecting for risk k".'",.;,v►.' trees are trees planted too 1 close to street signs,traffic a .. lights, or street lighting, - because branches obscur- - ... k. . ' ry ing such signs or lights could lead to traffic acci- dents or personal injury. i Trees in urban and subur- ban areas can also create A large street tree that had the roots cut by the town during a road 4.t,_ hazards to pedestrian and widening project.A 15-minute thunderstorm in August toppled the vehicular traffic with low tree and nine others on this Long Island,N.Y.street branches that block side- walks or streets. The minimum street clearance for thorough- find streets and sidewalks without the ing for oxygen,water,and nutrients will fares is 14 feet.This is enough to allow specified clearances. upset concrete sidewalk slabs quite easily. standard-sized tractor-trailers to pass with- Trees can also present a hazard in com- This is especially obvious when trees are out encumbrance. Sidewalk clearance is munity settings with their roots. Planted planted in the utility strip,where soil con- most often on the order of 10 feet. Never- too close to sidewalks and curbs,trees may ditions are frequently poor. In search of theless, one can walk or drive through grow roots that can interfere with adjacent better growing conditions,tree roots travel many neighborhoods,urban and rural,and physical infrastructure.Tree roots search- under the sidewalk to nearby residential TREE.CARE INDUSTRY-JULY 2001 45 ■ December 5,2012 Pelican Bay Services Division Board Regular Session 7aii.Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Cert ie wit,A 1 201 'f pql 7 Page 9 of 22 _ " "1` terns should be c nsidered hazardous. Sometimes root cr wn investigations are riga, r insufficient,and the inspector must ex- cavate around the root crown to look more closely at the buttress roots.Trees without a root flare (they appear to go into the ground like a telephone pole) must be carefully evaluated below the ..° . ground, since root flare defects might "* have been hidden by the excess soil piled found them. i' . ,. , .. - ,,,,t.--. , - -131timately responsible for a tree's > g structural stability,the roots also provide ' R : • water and dissolved minerals from the e. ' � soil. Large.woody roots offer support ; and anchor the tree; tiny root hairs and Basal decay on a street tree.At what point do you remove the tree? mycorrhizae absorb nutrients and water in the soil.Root damage or loss accounts r ' for a large percentage of tree deaths and`' failures. Through a variety of injuries Smaller defective branches may be of a problem for street trees. Vehicular caused by construction, installations of present,but do not present a hazard risk. contact and vandalism are more likely irrigation systems,, improper drainage, Weak branch crotches are also a common causes of wounds on street trees.Again, and soil compactidn, roots can sustain defect in street trees. Depending on the certain decay thresholds need to be es- exorbitant amounts of damage. Often, size of the branches involved,the stress tablished,such as the 30 percent strength root injuries are co j eyed with grass,fill, on the crotch can be severe. In a recent loss limit for considering a tree hazard- or concrete and the successfully hides survey of New England arborists and tree ous. With decay, trees can be up to 70 the severity of the damage.This creates wardens, most respondents listed weak percent hollow before they approach the an especially dangerous situation since crotches and decay in the top three most 30 percent strength loss threshold.With a casual tree exar1ination can easily common tree defects. cavities, trees can have an open cavity overlook the root system.Symptoms of Weak crotches are a leading cause of between one-third and one-half of the root damage are ma rfested in the crown branch and whole tree failure.They can stem circumference before reaching the by poor growth,thinning and chlorosis be found not only between the stem and 30 percent strength loss threshold. of the foliage, as Well as a general de- a lateral branch, but also between co- As a tree defect,wood decay has re- cline starting from the top of the tree. dominant leaders in a decurrent tree. ceived close scrutiny.Decay is common Other visible signs)of root damage in- Because tight."V-shaped"crotches with on tree trunks, branches and roots be- elude bleeding wounds on the trunk; included bark have little sound wood cause any time bark ruptures the decay loose,peeling bark Around the stem but- holding the branches together, they are process can proceed.Dr.Walter Shortie tress; sunken area around the lower more likely to fail when subjected to of the USDA Forest Service called de- stem and buttress;girdling roots and ad- wind stress or snow load.in fact,as the cay in living trees the most damaging ventitious roots growing above the root branches continue to increase in girth,if disease for all species around the world. flare,and cracks expending into the stem annual rings cannot envelop both Dr. Thomas Smiley and Dr. Bruce from the soil line. Any time an iaspec branches, the included bark acts like a Fraedrich of the Bartlett Tree Expert tor notices recent roadwork,landscaping, plate preventing the stems from support- Company have published that they con- irrigation system in tallation,or paving ing one another. Eventually, the sider decay to be the most common near a tree,they sh uld inspect the root respective girths push each other apart hazardous defect of urban trees. Decay system for potentia damage. enough to cause cracking or failure.Vi- undermines wood strength properties. A final flaw to to k for is the presence sually, included bark appears as a Each tree warden needs to determine just ofa lean.Trees will l$an as a result of vari- disappearance of the branch bark ridge how much decay the community is will- ous external forces. Competing for light one normally detects between stem and ing to live with,since there is no national or m reaction to pr ailing winds, some branch. It appears as if the branch bark standard at this time. trees naturally lea away from others. ridge has been pulled back into the in the root zone, the tree warden Leaning trees react' g to natural forces branch/stem union. ould look for cut roots, decay on the have built up reacti n wood to compen- Stem and branch defects are corn- z,°°oot crown,soil heaving or root plate lift- sate for the lean; th is not a hazardous situation.When tree monly associated with wounds that lead;,fling, and fruiting bodies in the soil show signs of lean- to decay and open cavities. Cankers an e ' indicative of root rot fungi. Trees that ing, but have gradually straightened up cracks,common in park settings,are less ` have lost up to one-half of their root sys- over time this too is ually not ahazard- TREE CARE INDUSTRY-JULY 2001 47 December 5,2012 Pelican Bay Services Division Board Regular Session 7aii.Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified Arborist,April 2012 reports Page 10 of 22 161 2 A 17 ous situation. These trees leaned due to a ability and small amount of damage and action.Community opposition to remov- past impetus, but by straightening,they 3 indicating a high probability of dam- als will vary,so an urban forester must - have regained apical dominance and, in age and a large amount of damage be willing to explore different options for most cases, will ultimately balance the occurring. When totaled,the numerical hazard reduction. crown.In scenarios where trees are unnatu- values would fall between 3 and 12.lend- Corrective actions depend on what part rally leaning, however.a hazard results. ing an idea of the hazard priority of each of the tree is likely to fail,how likely it is Poor soil conditions,mounding and crack- tree.Using this rating system,a commu- to fail,and what special significance the ing of the soil behind the leaning tree,and nity will have identified problem trees tree might hold.Despite being hazardous, exposed roots protruding from the soil all and have them ranked by number. The certain trees demand preservation efforts manifest an unnatural lean,where the tree tree warden could then start work on the because of their historical, cultural or is in danger of completely falling over. trees highest ranked, reducing a physical significance. An excellent ex- in addition to the structural defects municipality's potential liability. ample is the Balmville Tree in Orange listed above,the tree species is a closing Assessment systems can be as detailed County.New York. Although most con- element to consider when determining a or simple as preferred. Simple systems suiting arborists agreed the tree was tree's hazard potential. Different species that account for fewer variables are less hazardous, residents of the community have different wood characteristics. powerful for analysis and prediction,but expended considerable effort and financial Oaks generally have strong wood,which would require less time and effort on the backing to preserve the tree because of its is less likely to fail than a tree with weak inspector's part.Currently,there are sev- historical significance.In many cases.haz- wood,such as willow. Because of this. eral forms for ranking trees being used and tree correction can be as simple as similar defects on different tree species by arborists. The international Society moving playground equipment. will not necessarily represent similar of Arboriculture has published a refer- risk.Different species also have varying ence book on hazard trees,and the park abilities to compartmentalize wounds, agencies of California and Minnesota Conclusion Certain species are prone to forming have been using a system designed for Some communities are under the im- poor branch attachments,such as silver their parks for many years. pression that if they don't know about a maple and American beech, Some are The Community Tree Evaluation hazard tree,then they are not responsible lesslikely to fail than others.The inspec- Form that is attached to this article was when it fails. Nothing could be further tor must be knowledgeable regarding first developed by Jill Pokomy of the from the truth. In a 1994 court case in local trees and their growth habits. USDA Forest Service St.Paul.Minn. It Connecticut,for example,Judge Anne C. has been modified by the authors over Dranginis ruled that"all property owners Assessment system the last three years with input from the —state and private,city and rural—have New York State Department of Environ- the legal obligation to inspect their road or Given all the data an inspector would mental Conservation,the Massachusetts streetside trees for age,condition or weak- collect from the defects listed above,it Department of Environmental Manage- ness that might make them a hazard to is imperative that a priority rating sys- ment and the Massachusetts Tree passersby." tern be used in order to develop a Wardens and Foresters Association.The The key to a community's tree inspec- risk-management strategy for a intention was to give tree wardens and tion and maintenance program,then,is to community's trees. This way, the in- community foresters an easy-to-use and establish a systematic protocol for assess- Spector can assign numerical rating cost-effective tool designed for the effi- ing the community's trees.The procedure values to each defect and target.For ex- dent evaluation of street trees. should be formalized in writing and should ample, a simple rating system would contain methods for assigning values for rank defects in terms of their likelihood Corrective Action tree defect severity,size of defective part. orrecve c to cause failure:a rating of 1 means low target value,and probability of defective failure probability;a rating of 3 means Identifying hazard trees and then ig- part damaging a target. This is the most high failure probability.Next, the in- noring them undermines the original efficient way to manage hazard trees and Spector ranks the size of the defective intent of performing the evaluation. reduce a community's exposure to liabil- `! part: a rating of I indicates a small de- Managers should establish hazard tree ity from a tree failure. festive part (between 2 and 5 inches correction measures based on thresholds diameter);a rating of 3 indicates a large from the rating system.in other words, Brian Kane is a certified arborist and defective part(greater than 10 inches di- numerical or verbal ratings should cor- Ph.D.candidate at the University ofMas- ameter).The inspector then evaluates the respond to a given remedial action to sachusetts researching risk tree analysis. target from two perspectives—the like- mitigate the problem. Corrective treat- Dr.H.Dennis P.Ryan is Professor ofAr- lihood of it being damaged if a failure ments, pruning, cabling, tree removal, boriculture&Community Forestry at the occurred and the amount of damage moving the target, augmenting tree University of Massachusetts,Amherst.Dr likely to be incurred from a failure. vigor,and excluding visitors from has- David V. Bloniarz is an Urban Forester Lastly the inspector would take into con- ardous sites are some of the options. and head of the USDA Forest Service sideration the tree species. These Astute tree managers will explore all Northeast Center for Urban and Commu- variables would also be ranked 1 through possible ramifications of any corrective nity Forestry at Amherst. 3,with I indicating a low damage prob- 4$ TREE CARE INDUSTRY-JULY 2001 December 5,2012 Pelican Bay Services Division Board Regular Session 7aii. Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff,ISA Certified Arb rist,April 2012 reports Page 11 of 22 1 12 Al ?l I. 7 lawns. Over time,the roots grow in diem- is the best defense against negligence.The - eter and lift up the sidewalk,creating a trip procedure should detail a rating system that and labor,towns c undertake more in- hazard,Given our culture's current fond- prioritizes trees based on their risk of fail- tensive survey spending more ness for litigation,such a trip hazard has ure and potential to cause damage. The inspection time on each tree.It's impor- the potential to result in a large lawsuit. procedure should also provide a standard cant that at a mi imam every tree be A final hazard that trees present to timeframe for inspecting,on some level, inspected using t e visual windshield communities deals with utility lines, the community's trees. survey method.0 exception is trees in above and below ground. Utilities across low priority areas.After undertaking an the country spend over SI million per initial hazard tree inventory, the urban day clearing power lines along road- Inspection Cycle forester can dc-p ioritize areas of the ways. In spite of this, power failures It is reasonable for a community to in- community where target risk is so low often occur as the result of tree-related spect their street trees annually (park that tree failure is xtremcly unlikely to damage. Here again, the trees are pre- trees and open space trees are not in- cause damage. If t is reasonable to do senting a problem that is not necessarily eluded here,because their target ratings so, surveying high-risk areas, like a the same as a hazard tree structural fail- are usually less than for street trees).The downtown business district,should oc- ureJn severe weather,even structurally extent of the inspection will vary,given cur more frequently than undeveloped and trees are apt to fail.From this in- available resources, but some form of nature areas. This is reasonable priori- troduction,it should be clear that every inspection should occur annually. For tiring,designed to reduce tree risk.This community needs to prioritize its tree type of prioritization has been imple- risk potential in a systematic way. mented for recreation and park areas and is also useful in a community set- ting. Community Tree Management Program Inspection Process It is essential that a community's tree An evaluator must inspect each part risk management program be system- of the tree,crown.stem,and roots.es- atic. This point cannot be pecially if root damage is suspected. overemphasized. In a court of law, a The tree should be viewed from all plaintiff must prove negligence on the sides, although windshield survey defendant's part in order to win a law- might miss something on the side of the Suit:Negligence arises from: .'t ,;,,,,o, `" tree facing away rom the road.The in- 1. the responsibility to maintain safe Spector shout proceed in the trees in the community; inspection in th same manner each 2. a subsequent breach of that re- ;v, time in order to a hieve a pattern of in- sponsibility,such as when a hazard tree k. vestigation th t will help make is not removed; / comparisons to o her trees and defects. 3. damage or injury resulting from The next section introduces crown, the breach of responsibility. For ex- stern and root defects that are common ample, if the hazard tree failed and to municipal trees. Municipalities that damaged a car. do not have qualified arborists on staff In many instances,it is impossible for who can perform this type of tree in- a municipality to remove all the poten- spection should contract with a Bally hazardous trees in its streets and large hanger In a sugar maple over a park consulting arborist to do the inspection parks.It therefore must abide by the rca- bench was on a heavily used public common each year. A list of commercial ar- sonable person standard.The standard is in New England for over three months before borists is available from the National used to judge if an action was reasonable it was removed by the town! Arborist Associa ion at 800-733-2622 and prudent.In other words,would area- or www.natlarb.t om. sonable person,given the same situation, In the crown,t e inspector looks for have behaved similarly?The best way for many cities,this might be purely a wind- problems with the branches. These can a community to obey the reasonable per- shield survey, where the urban forester come in the for of broken, hanging son standard is to develop a written, drives each city street in the course of a branches; cracke. branches: branches systematic procedure for locating and year and looks for major and obvious with significant •ecay or cavities; or evaluating potentially risky trees.Because defects in trees.As long as the procedure dead branches.It i recommended that a it is not feasible for a community with lim- is standardized, systematic, and estab- threshold for defec ive branch size be es- ited financial and personnel resources to lished in writing, a municipality can tablishcd,general' around two inches in remove every potentially hazardous tree, justify this inspection system given a diameter(conform ng to the ANSI A300 having a systematic procedure,in writing, limited budget. With adequate funding pruning standard or crown cleaning). 46 TREE CARE INDUSTRY-JULY 2001 ■ . . .. , . i 6 1 2 A47 0) 8 - EL' c- 4 •■• 2 lg. ca. .S- < 43 g -r6 —, o . .. '‘z I -do \ 2 ; 5 L) e 4 2 i c cf) 13 1 E X) - .:,-■ a) o g co a 0 2 a, TA- M fl . E. i 5 .5 115 715 a „,„ 2 2 .. 8 r. e Y. a3 g . II £ .1 a -a ED a ,5 -•a' :-- E 2 <,3 E to a C 0 TO , •..? : li .0 2 rc7) 0 g 2 I s -0 al u-) XS CNI 0 •Z I:. ( ' S p E t tr, ' g. 'I' l'. i ,•- 2 g I; -g 0 sz . Z• ii t t ..t ! ; I T:. a I 1 ! 1 I 7.; a. I V 'a a 3 7,5 1 1 2 • t .1' i ; 7 .2 • -5-.. 1 '4' a ' . 4 .?, II i "a -a , g i a :-• P 1 Is. - .E s -it x., „,-_. I (' V. 3 = 9 1 E 7 :": 2 :, ; i 5 - .2 .2 Lg,.c ] k i ; i1274 . =• =e- ' - =. 1 - '' g &- tr. -. . - = . - 7, -...=, -, i , ii ; f ,i- 4 ,t, 1.,, 2 0 La 0 ..^0. . '&' 4. : „^". f, 3 2 i fi, 2i -lz, Es - t ....1 2 7—; "Z '''' f' Y-• .i ..9 Lgg ; t 3 tit -: 1 : I , I .1 a 2 i. a z3 ; g; ai,4 , ..siit 1 ,1 :.- ?-iP- - f, : 11 .,`L.' , -i, --E- .41 = . 3 ' a Z I E ii 't 0.1 -5 I g ;2 0 ti 0 0 \J .4 --I f.' 6 EL \j CA 7 2 I' TREE CARL INDUSTRY-JULY 2001 49 December 5,2012 Pelican Bay Services Division Board Regular Session 7aii.Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified Arborist,April 2012 reports Page 13 of 22 1612 A 17 PELICAN BAY FOUNDATION BOARD: BILL CARPENTER RONNIE BELLONE RECEIVED BOB UEK '2C,.'t;`` JERRY MOFFATT L NOREEN MURRAY PELICAN BAY SERVICES DIVISION MARY JOHNSON ROBERT PENDERGRASS PELICAN BAY SERVICES DIVISION CHAIR: KEITH DALLAS 8' PATHWAY PROJECT This follows up on my previous, March 16 memo regarding the un-anticipated immediate and long term damage that I expect would result from this project. I have not received any direct reply to that memo so a group of Owners selected and retained an experienced, certified, local Arborist, Signature Tree Care, of Naples, to look at the proposed project and provide their independent assessment of tree damage potential; to have something concrete for the scheduled April 11,PBSD meeting.Their report is attached for your information and use. On Friday, April 5, we reviewed the June 2011, Agnoli Barber& Brundage, 15 Page Plans that I used for my survey and together walked the project area to physically observe the field situations, tree sizes, tree conditions and proposed changes that the construction would impose on the tree roots. They told me that it is common for trees that are weakened from root cutting by nearby sidewalk projects to fall over and gave me the attached University of Florida root cutting Guidelines.They confirmed my concerns and more clearly define the expected resulting damage that would occur with the proposed 8' widening plan. With this additional credible information,I ask you to reconsider going back to your earlier decision of a 6' or less width. My concerns are not only from the safety hazard from falling trees, but also the hazard of mixing pedestrians and cyclists on the same sidewalk, when a clear, safer alternate is adjacent and nearby. The attached color chart illustrates my suggestion is that you reconsider doing a test section in the same area of Pelican Bay Blvd. of a temporary street bike lane, similar to what exists on Crayton Road. In that case the open carriage way is 8'9" wide with opposing traffic. On PBBIvd. We would have a 10' carriage way with parallel traffic which is 1'3" wider than Crayton. This would put all high speed wheeled traffic on the same hardscape and improve walker safety, minimize tree damage/loss and save considerable construction money by keeping the 5' width. Furthermore,these recommendations would better align with the intent of the SPC Master Plan-Priority II SAFETY & SECURITY: #2 Convert asphalt paths along one side of the main streets (how about in the streets?)to dedicated multi use paths... (by providing a safer and flatter dedicated biking surface). and begin following Priority III OUR ENVIRONMENT — NATURAL & BUILT: #3 Develop a complete "Streetscape", (by utilizing the attached, or another professional Arborist, in dealing with the Blvd. Streetscape this"Recommended Action"would be achieved) Thank you for your consideration. RICK GALLI,ST.MAARTEN APRIL 9,2012 1612 A17 Q N r f ' t , , i, ,, , !..., 1, 1 / r ,r, ,.: :-.1,4 i , ' .p,: if: , 4;;;::4-,,,, - ,, ..,,, .,;;;;;;-: 1,,,,,/ / . 0 a �c`iG �Y� „. 1( O w U , —7t1 -' (43 a5 8 3` ( L 4_' ` Z` c - -1., -.7,., _.1‘.---;., ;; : : ill 1 7," -----'' '.':- „- .'' '- m E ' L� r ��v O Q f .. io 410....'''', : , l� fir 9 f . p ��; -...,-;.- .,,' el sir F 4` ......- ... i .. , . it,l.r: ' ''. ,,,,t, 4,,,,.. 1p, . 4.,°. , epatX'C> or .., „4... . ;". i 7 s i " i , / ., .. ti,„. 3. , i ...I. - . 0. I'r, cYc�. i 1 a 41 4,-,iff--..--31c.i.: :::7-.:0-: . .,, 97, ,„.,. ,;-1 , , : .,, ,,x:,,,,,..., : , i,,,j , l�` 3`' 3I December 5,2012 Pelican Bay Services Division Board Regular Session 7aii. Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified Arborist,April 2012 reports Page 15 of 22 1 4 17 0 Signature Tree Care,u . 481 10th Avenue N.F. • Naples, Florida 14120 Office: +2391 348-1130 • Fax:t239i 3413-3133 Email:infoosignaturetreecare.cam IAN ORLIKOFF I.4;A r-ertitierI Arborist #f t-10 37 4 Florida C'ertrtle<i l iorricWoof,Prot' cional#11c)036-,'; April 6,2012 Attention: Rick Galli,Galli Builders Re: Pelican Bay Services Division, Pelican Bay Blvd. Pathway Project from Westside-Commons to North Tram Station Arborist consultation completed this date regarding tree and root related issues in proposed pathway project.Client requested an arborist site visit along with report concerning tree health and safety issues relating to current proposed redesign which would require the severing of roots for a pathway/bike path. Area of concern would include but not limited to,as per plan given to me this date,the right of way trees on West side of South bound lanes of Pelican Bay Boulevard on either side of walk and bike pathway. Pathway is proposed to be widened with various distances between it and the'trunks of multiple trees of various sizes and species. Pathway level of use would be considered high with day to day ingress and egre of pedestrian, bicycle and residential and commercial vehicular traffic.The targets and liabilities of an future tree failures would be considered high.Targets include pedestrians,bicyclists and vehicles.T ese tree failures could also impact(but are not limited to)structures such as the pathway itself,i rigation lines, utilities, landscaping,hardscape and lights. Emergency services and evacuation routes uld also be impaired with failure of right of way trees. Benefits of trees along a road include but are not limited to: *Realtor studies show communities with a mature tree canopy have increased property values *Privacy screen of traffic, poles, buildings,etc. *A collective canopy produces a wind buffer reducing wind damage to property when compared to wide open areas in the community *Shade creates a cooling effect for people who use pathway and increases pavement!if by 40 to 60% 1 Arborist Consultation for Galli Builders,Pelican Bay Services Division Pathway Project,April 2012 December 5,2012 Pelican Bay Services Division Board Regular Session 7aii.Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff,ISA Certified Arborist,April 2012 reports Page 16 of 22 6 f 2 Signature Tree Care,mc 481 10th Avenue N.E. • Naples, Florida 34120 Office: i239i 348-1330 • Fax:t239 348-3133 Email: infoPsignaturetreecare.c urn IAN ORLIKOFF ISA Certified Arborist #1 I-to;74 t lrxida Certified Ilorticulture Prod's; ndt tt 160>'t,;S Benefits of trees alone a road include but are not limited to(continued): *Sound buffer qualities reduce traffic noise *Safety:studies show tree lined streets reduce accidents/injuries by 5-20% *Speed reduction:multiple studies show drivers naturally slow down with speed differentials between 3 and 15 mph when traveling streets lined with trees *Storm water runoff remediation,in their given area.Trees absorb the first 30%of rainfall through their foliage and another 30%with their roots. *Trees create a greater sense of community having a reduced rate of crime and fewer incidences of road rage The benefits of trees increase as the canopy matures.Many of the statistics above are based on a mature canopy.A majority of trees are not considered to be productive trees until they reach maturity. Some of the trees on Pelican Bay Blvd are considered to be mature trees. In order to retain a mature and productive urban canopy tree roots vs.their nearby structures is a very significant consideration when dealing with development/design as well as pre and post construction.Tree roots and the surrounding urban structures are typically not considered during the early stages of development.It is not until tree health declines or tree failure occurs that the true causes are identified. Considerations during the design phase should include but are not limited to: Design factors,site conditions,soil compaction,media utilized,level of accuracy that specifications are carried out,contractor knowledge and quality of work are some of the considerations when dealing with a successful tree retention program for urban development.Other factors include: *Size of roots to be cut,how many,what percentage of root zone affected,distance to trunk,area of distribution,past history of root loss, *Soil conditions 2 Arborist Consultation for Galli Builders,Pelican Bay Services Division Pathway Project,April 2012 December 5,2012 Pelican Bay Services Division Board Regular Session Y 9 7aii.Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified Arbbrist,April 2012 reports Page 17 of 22 1612 A17. 0 Signature Tree Care,ux 481 10th Avenue N.E. • •.ipk's, Florida 34120 Otti+'e:€139) 348-1310 • Fax:(239) 148-.3131 FinaiI: inlottesignaturetreerare.com IAN ORUKOFF ISA Certifier)Arborist#11-1037A I lorida Certified Horticulture Professional#H60565.7 Considerations during the design phase should include but are not limited to(continued): *Tree species characteristics,condition,age,tolerance to root cutting,stability(lean,root to crown ratio) * Right of Way frequency and targets * Future tree maintenance costs * Potential targets if tree fails and corresponding liability It is not recommended in any situation to remove any roots as they collectively provide support. Removal of buttress or stabilizing roots is not an accepted arboricultural practice as this may impact tree health and will certainly increase risk potential for catastrophic failure. Buttress root$or stabilizing roots have a poor ability to seal,which may provide an open door for decay/disease rendering the tree more unstable in the future.Decay/root rot may traverse unseen into the tree(basal flare)or base.This increases the risk for tree failure and is multiplied as the canopy develops.Trees that may appear to be stable after root zone integrity has been compromised may in the future have an increased risk of failure.This is in part due to size of roots removed,decay issues,as well as percentage of root zone relative to canopy size.This is known as root to crown ratio. The main stabilizing roots(or buttress roots)support the tree under the forces of compression and tension.Compression occurs when a tree leans on roots. Roots act as a brace or buttress on the leeward side of the tree.Tension occurs when the tree pulls and the roots act as an anchor on the windward side of the tree.During a wind event any rain increases the impact of that Wind.The weight of the tree increases(weight of the rain on the leaves)with rain as well as reduced root tension from wet soils. Increased weight on canopy set in motion by wind creates a wind throw effect. Decreased root tension coupled with reduced root surface area exponentially ncreases risk of failure.When dealing with structural conflicts and roots, removing any roots as a sho term or temporary solution to one issue only lends to a far greater problem in the future. If r of removal occurs managing crown size and density through a proper pruning program can help alleviat wind throw effect.However,a pruning program is not a tool to compensate for root loss.Rather i is a last resort to help decrease future canopy losses. Removing roots can result in tree stress.Stressed trees have a 3 Arborist Consultation for Galli Builders,Pelican Bay Services Division Pathway Project,April 2012 December 5,2012 Pelican Bay Services Division Board Regular Session 7aii.Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified Arborist,April 2012 reports Page 18 of 22 6 2 AX7 Signature Tree Carew 481 10th Avenue N,E. • Naples, Florida :14120 Office:12391 348-1330 • Fax:(2391 148-1111 Email: inttoesignaturetreecare.com IAN ORLIKOFF ISA C ertrfiecl Arborist 01.-1037A Ficaricl,a ('prtific l Horticulture Professional 0-03051)3 I reduced ability to heal injured root zones and removing foliage further increases the effect of stress weakening the tree. Options to Root cutting: 1.Curve pathway:curve far enough away for a stable root zone to remain intact.This may require cooperation with individual or multiple properties if they are open to preserving the present tree canopy.This is the highest standard for community involvement. 2.Flexible permeable pavement:allows roots to remain in place while providing a quality surface for pedestrians and bicyclists. 3.Bridging:a structure that is built over roots for pedestrian and bike access. Tool to determine existing roots to be impacted: Signature Tree Care would be able to perform a diagnostic root zone inspection,if requested,by carefully excavating soil from individual root zones using an Airspade(use of compressed air)to identify what roots would be impacted if root cutting was to occur during the project. Decisions could then be made by Pelican Bay Services Division if and how tree roots should be managed for the pathway project. Follow up: I. Due to possible defects or canopy developmental concerns within an individual tree,it is recommended that each candidate for preservation be evaluated to compare the cost of preservation to the cost of replanting a better option. Example:sheet 12 of 15 in plan,tree second from left,top row,#5 on Mr.Galli's plan(Shows x8.27 on tree image).Arborist recommendation would be for removal due to poor wound closure and poor structure(see picture attached of wound). 4 Arborist Consultation for Galli Builders,Pelican Bay Services Division Pathway Project,April 2012 December 5,2012 Pelican Bay Services Division Board Y Regular Session 7aii.Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified rborist,April 2012 reports Page 19 of 22 1612 A17 Signature Tree Care,>4 481 10th A,,enue N I.. • Naples.Florida 14120 (Pit(e: (239i 348-1 130 • Fax:'21(b 348-11 33 Email: info 'signaturetrcare.tom IAN ORLIKOFF ISA Certified Arboriit#FI.10174 I lorkl r Certrtieei I lorticulture Prcxfescional#1160563x3 2. Specifications must be written to avoid and monitor any tree damage during construction. Example:sheet 11 of 15,bottom row,first tree on the right,(shows x8.73 on tree image).Tree has poor wound closure and is leaning towards road. Arborist note:Any impact to the root zone of this tree is extremely detrimental(see picture attached of tree). As an ISA Certified Arborist I discover on a daily basis that trees are not ablle to develop into productive mature trees due to design in-considerations. Often, it is the upfront costs of an engineering design and cost to build that push the trees into unsustainable growing conditions/environments. As a result, future maintenance costs increase associated with tree development, vigor, health, structure, tree value and loss of function. Ultimately,trees do not become productive trees in the urban landscape as intended if not properly planned for in the design phase of any project. Regards, Ian Orlikoff , 2 • 5 Arborist Consultation for Galli Builders,Pelican Bay Services Division Pathway Project,April 2012 161 2 A17 , 1, , I, ' 1 .`'d..M .. :% ; ef 4 Y �. , . 4 . , _ CO CD gfiR� . t■ M : � Ile k z ' ' �t s N . f :`*R• �- .r"r e C ( - � y ft 'O co y anrn '4 ".O "-N „_ w� eft, `m N N j� iroilltt:o3t,.. r , I ., , co as us N ' r k � . 1 d r f �U fir d , �ra-- ' - .t..„NV,,,,,4 ., 4..,--,,, -50 om✓ �.. � 'V ,4111*-4.. 4 k, 4. `E fi-y t i r" , z yi i M r y "M* r`a : y 4 ate t¢,„i Y #•f3 „-$11tAs' `�, # n ,:-,-.,. December 5,2012 Pelican Bay Services Division Board R Y Regular Session 7aii.Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified Arbor ist,April 2012 reports Page 21 of 22 �.Y�; � 161 A17, , �� , d , + . t A t,' r # l tY j , It'a,„4,.. ,41,,,,,,,,-,, f'Y i " ,t .,g 'r }.�ff - ' '.' :.i ,k �Y t 'i`TWr ,J F. tP .Z9 L A Z z Y It ``�Y ''',.1,e'; „ e I 6 ii , ' ��, a� " g" r ``�"a ` � �.� t F fit' . • December 5,2012 Pelican Bay Services Division Board Regular Session 7aii.Pathways Ad-Hoc Committee-Selection of arborist-Ian Orlikoff, ISA Certified Arborist,April 2012 reports Page 22 of 22 16 I hi7 Cutting roots-Maintenance-Landscape plants-Edward F.Gilman-UF/IFAS Page 1 of 1 Landscape d. UF.FLORIDA Plants IFAS Cutting roots See:removing-stem girdling roots See:root prunging guidelines Cutting roots for any reason under existing trees can severely damage the tree(see right photo).Many roots are located just below the surface of the soil. . ' Adjust the location of the utility lines,driveways, buildings,and planting holes to avoid cutting roots under the canopy.Even cutting small(less than one , half inch)roots under or outside the edge of the canopy for long stretches can cut off water supply to the tree.This can cause the tree to decline or die r. ` during the next several years. The rare spruce pine tree shown at right was cut on two sides of the trunk about ten feet from the trunk.Older trees treated like this can decline and die over a 10 to 15 year period.Make root pruning cuts only with sharp pruning tools,not tractors and trenching devices.Cutting roots close to the trunk as shown below right can cause tree failure a decade or more later.The roots of this tree were cut to construct a driveway about 15 years ago. Driving vehicles under the canopy compacts soil.Even lawn mowers can compact soil.Severely compacted soil can cause severe tree health issues.Vehicles also damage and break surface roots as they turn on the soil. If mature tree health is important to you,do not allow ANY vehicles to operate underneath trees.If there appears to be no option,then consider the preventive solutions listed below. Preventive solutions • Hire a consulting arborist. • Construct a fence at the edge of the tree canopy to 4C-1111411 , 1;; t prevent ALL vehicles from operating there;establish fines for violations. `t • A 12-inch thick layer of coarse bark mulch can be a= �; spread under the canopy and mulch can be covered - with steel plates.Vehicles drive on the plates.This , Sri system has been successfully used on many sites to preserve mature trees. ; ti, ; • Do not use the area under the canopy as a parking zone or materials storage area. • Restrict ALL vehicles to fenced-off transportation corridors and materials storage areas. • Tunnel under the roots using a trenchless technology device which installs utilities without cutting a trench. Copyright 20111 University of Fipn.a I Site.Eee c_k_I Last Modified:December 12,2011 http://hort.ifas.ufl.edu/woody/disturbing.shtml 4/1 0/20 1 1612 417 V N a fa oU J V O J Q O • L .N N L Q(n Saa CU 46 MI 0 U 0 CD Li-z a. 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Dallas Overall Objectives • Survey a statistically selected group of residents (or all) regarding their usage and views on pathways and potential bike lanes. • Chairman and staff outline possible survey, to be reviewed by Ad Hoc Pathway Subcommittee. • Then work with professional firm to finalize and administer survey. • Survey should be specific enough that all responders are working with the same facts, • But short enough that residents will complete the survey. Specifically • Questions should be designed to avoid begging the question. • Should the survey be mailed (?) to all (?) residents? • Pathways o Ask about current usage of pathways, and bike riding on pathways versus Boulevard. o Ask if people are comfortable with current pathways, and if not, why. o When conflicts occur between trees and pathway maintenance, which is more important? Maybe describe alternative approaches and ask if they agree/disagree. o Should the PBSD be spending money maintaining pathways if County does not? • Bike Lanes o Describe different approaches to bike lanes on PBB and have residents rank their preferences: • No Bike Lanes • Dedicate one 12 foot lane to bikes. • Reduce vehicular lanes to 10 foot each, and add 4 foot bike lane. • Sharrow • December 5,2012 Pelican Bay Services Division Board Regular Session 7aiii. Pathways Ad-Hoc Committee-Bicycle lane survey discussion Page 2 of 3 PBSD Resident Survey 6 12 A 17 Pathways/Bike Lanes by Keith J. Dallas • Repaving PBB Earlier o Describe option of loaning County funds to resurface PBB o County would repay PBSD at future date. o Should PBSD consider loaning the money? • Landscaping o Ask if people like new landscaping? o Leave space for comments. o Should we be considering changes at our 3 entrances off US41? • Landscaping? • Brick Pavers? • Lighting o Describe need to replace lighting, and current funding plan. o Describe approach of new LED lighting on extensions to afford better lighting. o Describe schedule for replacement originally envisioned. o Should we be accelerating that schedule? o Should we be also considering replacing poles when replacing fixtures? KJD 11/6/12 A December 5,2012 Pelican Bay Services Division Board Regular Session 7aiii. Pathways Ad-Hoc Committee-Bicycle lane survey discussion Page 3 of 3 Pelican Bay Blvd Bike Path Survey 1612 By John Chandler Background Survey participants will need to be provided with facts as regards the: • The planned timeframe for resurfacing Pelican Bay Blvd • Government laws/recommendations re bicycle paths and shared or multi- use pathways. Make clear as to whether they are laws or recommendations. • The current width of the traffic lanes on PBB • The proposed width of the traffic lanes with a four foot bicycle lane • Government recommended widths for traffic lanes based on various speed limits • Examples of nearby roads with ten foot wide traffic lanes Survey Questions • Do you ever ride a bike in Pelican Bay? • Do you primarily ride on the streets? • Do you primarily ride on the sidewalks? • Do you primarily ride on the berm? • Do you ever ride a bicycle on or along Pelican Bay Boulevard? • If you currently ride on the sidewalk, would you ride in the street if there were a bike lane? • If you currently ride in the street, would you feel safer if there was a bike lane? • If you currently ride on the boulevard but the sidewalk was expanded from its present five foot width to a width of eight feet, would you ride on the sidewalk? • If the boulevard had a four foot wide bike lane and the sidewalk was eight foot wide, would you ride in the bike lane? • Do you feel that the addition of a bike lane would increase the "packs" of bikers that use Pelican Bay Blvd? • Do you favor revising the striping of Pelican Bay Blvd so that there will be two ten foot traffic lanes and one four foot bike path? 1 t • 161 2 A1 ? 3 co K) d U n3 0 O 0 L — N U CO aJ - O > N u CL O a) Q mQ .( O N O V L O O 00 O0_ c •N as o CO '� o D +•' �I ^ N ' m c� N L O O m CO �.. 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I { u-1 lam. 1 � I i 143 zz.? 5g�50.72 ^' �■ 11.7 1 i � I i I� � 19.2 ! 1 } 1 1 j ID r6.2 I 1 758 4 December 5,2012 Pelican Bay Services Division Board Regular Session 8b. Chairman's Report-PBSD Board Terms(Keith J.Dallas,Chairman) Page 1 of 3 1612 A17 PBSD Board Member Terms The terms of the current 9 residential Board Members expire unevenly, 4 one year, 3 another, 2 another, and no one this last year. In a more ideal world, 2 slots would be up for election every year except every 4th year when 3 positions would be open. The purpose of this write up is to explore whether or not we should change our procedures, and if so, how. The current terms are as follows: Year Term Expires Current Incumbents 2013 Cravens, Dallas, Gibson, Womble 2014 Chandler, Obrien 2015 Iaizzo, Levy, Trecker 2016 No one Why would it be better to have more even terms? More even terms would: • Produce more continuity with the Board. Having as many as 4 members change in a year could leave a Board with less understanding of prior decisions than would be desirable. • Make it easier to recruit Board members. The PBSD has had problems at times filling open positions (last year it took multiple tries to fill all open positions). The fewer positions open in a given year, the easier to fill them. If we wanted to change. how would we implement the change? At this writing I am not sure of actual mechanics. I've asked staff to look into how we could legally make such a change. I don't know if it would require change in our charter, or whether the BCC could merely appoint r December 5,2012 Pelican Bay Services Division Board Regular Session 4 8b. Chairman's Report-PBSD Board Terms(Keith J.Dallas,Chairman) Page 2 of 3 new members using new rules. That will have to be deieAi Ied tlAe 1 7 Board decides to explore the concept. The actual changes could logically happen in 2013. At that point if 2 members were appointed for 4 years and 2 members for 3 years, we would be on a 2/3/2/2 pattern. Assuming we decide to do this, the 2top vote getters could be appointed for 4 years, and the next 2 vote getters for 3 years. If 4 or less people ran for election, we could draw names randomly to decide terms. If we decide this is a good idea, we should explore the logistics and make the decisions this year before we know who is running in the 2013 election. It is a lot easier to make decisions in a vacuum, without knowing specific people that will be impacted. What next? I would like us to discuss this issue at our May 2nd meeting and decide if the Board wants to go forward to explore the concept. KJD e December 5,2012 Pelican Bay Services Division Board Regular Session 8b. Chairman's Report-PBSD Board Terms(Keith J.Dallas,Chairman) Page 3 of 3 161 2A 1'7 Changing PBSD Terms Year Current Proposed # Up for Election # Up for Election 2013 4 4 2014 2 2 2015 3 3 2016 None 2 2017 4 2 2018 2 2 2019 3 3 2020 None 2 Assumes that of the 4 Board members appointed in 2013, two are appointed for 4 year term and the other two for 3 year term. Thereafter all terms would be for 4 years. December 5,2012 Pelican Bay Services Division Board Regular Session 9a.Old Business-Cobblestones at San Marino crossing discussion(John Chandler) Page 1 of 9 1612 A17 Crosswalk Decibel Readings Decibel readings were taken from several different types of crosswalks to determine what extent the cobble bands installed at the mid-block crosswalks impacted the amount of sound generated. These readings were taken from the Beach Walkway and the North Tram Station crosswalks that both have the cobbles/brick pavers installed. Readings were also collected from the crosswalk at Pelican Bay Blvd. and Gulf Park Dr. which only has brick pavers installed. Readings were also collected at the painted Crayton Rd. crosswalk for comparison purposes. Readings listed were collected from 15', 50' and 75' feet from the edge of road. The 50' and 75' distances are more representative of the distances that some condo buildings are located from the roadway. When comparing between cobble/brick paver crosswalks and brick paver only crosswalks at the two distances most representative of the buildings located adjacent to the roadway there was a 1-6 decibel higher reading at a cobble/brick paver crosswalk vs. a brick paver only crosswalk at 50'.At 75'there was a 4-5 decibel higher reading at a cobble/brick paver crosswalk vs. brick paver only crosswalk. These readings can be impacted by differences in vegetation, wind velocity /direction and exterior noises, which when detected as noticeable readings were discarded. When this latest set of readings was collected the wind was approximately 10-14MPH from the SW. The reading collection point for the Beach Walkway was on the east side of the road and for the North Tram was from the west side of the road. This may have contributed to higher readings at the Beach Walkway, but because of structural walls they had to be collected from those sides to reach the distances of 50'and 75'. Attached is some information related to traffic noise, in the second paragraph it states the "A 10-dBA change in noise levels is judged by most people as a doubling of sound level. The smallest change in noise level that the human ear can perceive is about 3-dBA. Increases of 5-dBA or more are clearly noticeable. " Decibel readings from the various locations and distances are listed below. Distance from Roadway Locations 15' 50' 75' Beach Walkway 76 63 57 North Tram Station 73 58 58 Pelican Bay Blvd.&Gulf Park Drive 68 57 53 Pelican Bay Blvd. &Crayton Road 63 55 53 December 5,2012 Pelican Bay Services Division Board Regular Session 9a.Old Business-Cobblestones at San Marino crossing discussion(John Chandler) Page 2 of 9 { 16I2 Al ? Traffic Noise Background Information Introduction to Noise Human response to noise is subjective and can vary greatly from person to person. Factors that can influence individual response include the loudness,frequency,and time pattern;the amount of background noise present before an intruding noise;and the nature of the aitivity(e.g.,sleeping)that the noise affects. The sensitivity of the human ear to sounds of different frequencies is measured by the A-weighted decibel scale(dBA). A 10-dBA change in noise levels is judged by most people as a doubling of sound level. The smallest change in noise level that a human car can perceive is about 3-dBA. Increases of 5-dBA or more are clearly noticeable. Normal conversation ranges between 44 and 65 dBA when the people speaking are 3 to 6 feet apart. Table 1 shows sound levels for some common noise sources and compares;their relative loudness to that of an 80-dBA source such as a garbage disposal or food blender.Noise levels in a quiet rural area at night are typically between 32 and 35 dBA. Quiet urban nighttime noise levels range from 40 to 50 dBA. Noise levels during the day in a noisy urban area arc frequently as high as 70 to 80 dBA. Noise levels above 110 dBA become intolerable and then painful;levels higher than 80 dBA over continuous periods can result in hearing loss. Constant noises tend to be less noticeable than irregular or periodic noises. Table 1 Sound Levels and Relative Loudness of Typical Noise Sources Sound Subjective l Relative Loudness Noise Source or Activity Level Impression (human judgment of (dBA) different sound levels) Jet aircraft takeoff from carrier(50 ft) 140 Threshold of pain 64 times as loud 50-hp siren(100 ft) 130 f 32 times as loud Loud rock concert near stage,Jet takeoff 120 Uncomfortably loud 16 times as loud (200 ft) Float plane takeoff(100 ft) 110 8 times as loud Jet takeoff(2,000 ft) 100 Very loud 4 times as loud Heavy truck or motorcycle(25 ft) 90 2 times as loud Garbage disposal,food blender(2 ft), 80 Moderately loud Reference loudness Pneumatic drill(50 ft) Vacuum cleaner(10 ft),Passenger car at 65 70 1/2 as loud mph(25 ft) Large store air-conditioning unit(20 ft) 60 114 as loud Light auto traffic(100 ft) 50 Quiet ( 1/8 as loud Bedroom or quiet living room,Bird calls 40 1116 as loud Quiet library,soft whisper(15 ft) 30 Very quiet High quality recording studio 20 Acoustic Test Chamber 10 Just audible 0 Threshold of hearing Sources: Beranek(1988)and EPA(1971) PDX/TRAFFIC NOISE HANDOUT DOC 1 December 5,2012 Pelican Bay Services Division Board Regular Session 9a.Old Business-Cobblestones at San Marino crossing discussion(John Chandler) Page 3 of 9 2 A 4 7 TRAFFIC NOISE BACKGROUND INFORMATION Traffic Noise Sources and Propagation Noise sources associated with transportation projects can include passenger vehicles,medium trucks, heavy trucks and buses. Each of these vehicles produces noise;however,the source and magnitude of the noise can vary greatly depending on vehicle type.For example,while the noise from passenger vehicles occurs mainly from the tire-roadway interface and is therefore located at ground level,noise from heavy trucks is produced by a combination of noise from tires,engine,and exhaust,resulting in a noise source that is approximately 8 feet above the ground.The following list provides information on the types of transportation noise sources that will be part of a roadway project,and describes the type of noise each produces. l I • Passenger Vehicles(cars):Noise emitted from 0 to 2 feet above roaclway,primarily from tire-roadway interface. This category includes normal passenger vehicles,small and regular pickup trucks,small to mid-size sport utility vehicles,mini-and full-size passenger vans. Typical noise levels for passenger vehicles are 72 to 74 dBA at 55 Mph at a distance of 50 feet. • Medium Trucks(MT):Noise emitted from 2 to 5 feet above roadway. combined noise from tire-roadway interface and engine exhaust noise.This category includes delivery vans,such as UPS and Federal Express trucks,large sport utility vehicles with iknobby tires,large diesel engine trucks,some tow-trucks,city transit and school buses with under vehicle exhaust, moving vans(U-haul-type trucks),small to medium recreational motor homes and other larger trucks with the exhaust located under the vehicle.Typical noise levels for medium trucks are 80 to 82 dBA at 55 mph at 50 feet. • Heave Trucks(HT):Noise emitted from 6 to 8 feet above the roadway surface,combined noise sources includes tire-roadway interface,engine noise,and exhaust stack noise.This category includes all log-haul tractor-trailers(semi-trucks),large toy trucks,dump trucks, cement mixers,large transit buses,motor homes with exhaust located at top of vehicle,and other vehicles with the exhaust located above the vehicle(typical exhaust height of 12 to 15 feet).Typical noise levels for heavy trucks are 84 to 86 dBA at 515 mph at 50 feet'. ■ Several factors determine how sound levels decrease over distance.Under ideal conditions,a line noise source(such as constant flowing traffic on a busy highway)decreases fat a rate of approximately 3 dB each time the distance doubles.Under real-life conditions,however,in_eractions of the sound waves with the ground often results in attenuation that is slightly greater than the ideal reduction factors given above. Other factors that affect the attenuation of sound with distance include existing structures,topography,foliage,ground cover,and atmospheric conditions such as wind,temperature, and relative humidity.The following list provides some general informationfon the potential affects each of these factors may have on sound propagation. 1 • Existing Structures.Existing structures can have a substantial effect on noise levels in any given area.Structures can reduce noise by physically blocking the sound transnmssion.(Under special circumstances,structures may cause an increase in noise levels if the sound is reflected off the structure and transmitted to a nearby receiver location.)Measurements have shown that a single- story house has the potential,through shielding,to reduce noise levels bi-as much as 10 dB or greater.The actual noise reduction will depend greatly on the geometry a the noise source, receiver,and location of the structure. Increases in noise caused by reflection are normally 3 dB or less,which is the minimum change in noise levels that can be noticed y the human ear. • Topography.Topography includes existing hills,berms.and other surf a features between the noise source and receiver location. As with structures,topography has th potential to reduce or increase sound depending on the geometry of the area.Hills and berms, vhen placed between the noise source and receiver,can have a significant effect on noise levels.I i many situations,berms arc used as noise mitigation by physically blocking the noise source fro the receiver location.In PDXIERAFFIC NOISE HANDOUT.DOC 1 2 1 I December 5,2012 Pelican Bay Services Division Board Regular Session 9a.Old Business-Cobblestones at San Marino crossing discussion(John Chandler) Page 4 of 9 1 6 ' 2 A 17 1 TRAFFIC NOISE BACKGROUND INFORMATION some locations,however,the topography can result in an overall incrc se in sound levels by either reflecting or channeling the noise towards a sensitive receiver 1o4ation. • Foliage.Foliage,if dense,can provide slight reductions in noise levelsl FHWA provides for up to a 5 dBA reduction in traffic noise for locations with at least a 30 feet depth of dense evergreen foliage. • Ground Cover.The ground cover between the receiver and the noise source can have a significant effect on noise transmission.For example,sound will travel`very well across reflective surfaces such as water and pavement,but can be attenuated when the ground cover is field grass, lawns,or even loose soil. Traffic Noise Mitigation In theory,there are a number of options that can be used to reduce or mitigate traffic noise.These include traffic management,highway design,and noise barriers including earthen berms. In reality, noise mitigation is often infeasible due to space requirements,aesthetic issrles and financial costs,or because the costs outweigh the benefits. Any specific mitigation measure recommended as part of a project must be feasible and have a reasonable cost in relation to the benefit. Potential mitigation measures arc described below. • Traffic Management:Traffic management measures include modification of speed limits and restricting or prohibiting truck traffic.Restricting truck use on a given roadway would reduce noise levels at nearby receivers since trucks are louder than cars. However,displacing truck traffic from one roadway to another would only shift noise impacts fror one area to another and may conflict with the planned function of the roadway(e.g.,an arterial enerally carries truck traffic). The level of truck traffic on Sunnyside Road is too low for true-restrictions to result in a significant reduction in overall noise in the area.While reducing speeds may reduce noise,a reduction of at least 10 mph is needed for a noticeable difference in noie to result.Also,because roadways are planned and designed to support speeds consistent with till it functional classification(e.g.,35-45 mph on an arterial),changing speeds for the p rpose of noise mitigation is not common. • Roadway Design:Roadway design measures include altering the road ay alignment and depressing roadway cut sections. Alteration of roadway alignment cowl decrease noise levels by moving the traffic farther away from the affected receivers. Because th re are noise sensitive receivers along both sides of Sunnyside Road,changing the alignment nay benefit one side of Sunnvside Road,but would increase noise levels on the other. • Noise Barriers:Construction of noise barriers between the roadways d the affected receivers would reduce noise levels by physically blocking the transmission of tr rc-generated noise. Barriers can be constructed as walls or earthen berms.Earthen berms rc uire more right-of-way than walls and arc usually constructed with a 3-to-I slope. Using this re uirement,a berm 8 feet tall would slope 24 feet in each direction,for a total width of 48 feet. Fr) the Sunnvside Road project,berms are not feasible because of the right-of-way requirement. oise walls should be high enough to break the line-of-sight between the noise source and the ceeiver. They must also be long enough to prevent significant flanking of noise around the ends f the walls.Openings in the wall,such as for driveways and walkways,can significantly reduce the barrier effectiveness. Because of the frequent driveways and walkways on Sunnyside Road,noise walls would not be effective in most locations. PDX/TRAFFIC NOISE HANDOUT.DOC 3 i C,,,, 1612 Al ? _. L O c C L O ) N N C cn O y 03 N 7 01 a) N b O) 12 C co d) O co O Co O O : C• > 0) b N C 8 co >, a�.x �:r CO m . O o > )f) C N Q . m� r r U .0 to u) 2 T ILtli to O O O N CO N in O) U3 U1 0rna Q • aO IN CO tD to > fis 3 co UI L L[) to Lo tfa U) o � co co rx n °v' .,�s ,w..r� e..k. .��.:.,� .._.vNa_ ��'r,... .E```'''s ;r ._...v Af.: ac-... .w t .. .. W ..i m" t00 M tii M > n, tD Q ns Q N t0 tD it) '".1 N N 00 M N LO tD 3 a N N N N H 07 ,N- M M Q E o ro 0 0 U „, m u.. O (0 .L to d O O O ., le t0 0 a. - -' x N .0 s' x N X O2. 0) Y > O R7 0)` N > O "D N N > 0) N U ri 0 u 'B M C., 2 .� U -Q C r0 -U u 'O C c0 "a '� ,. x p. N •i x p W 'C O 0) .10 Q U m N U; S 3 m 3 N U S CU �S U S a C O o > . `n n. R co (0 5 c4 o o ;, .6 _C oes a 2 3 ( L C) > O m i 00 Z a. U December 5,2012 Pelican Bay Services Division Board Regular Session 9a.Old Business-Cobblestones at San Marino crossing discussion(John Chandler) Page 6 of 9 STREET AND ROAD CONSTRUCTION 161 2 A�17 SITE PREPARATION „ ice-," 3 CHANGE ORDER REQUEST Date: June 4,2012 To: Collier County BOCC Attention: Kyle Lukasz Phone: 438-5239 e-mail: kylelukaszCacolliergov.net Project: Remove/Replace curb in median at North Tram ITEM DESCRIPTION UNIT EST QTY UNIT PRICE EXTENSION GENERAL Remove and replace curb,including traffic control and bond LS 1.0 $6,940.00 $6,940.00 TOTAL $6,940.00 leo-M. gateman' LEO M. BATEMAN 3260 Cargo St WBE CERTIFIED ph(239)482-4826 Ft.Myers,FL 33916 Lic,CGC 1506291 fx(239)482-8177 December 5,2012 Pelican Bay Services Division Board Regular Session 9a.Old Business-Cobblestones at San Marino crossing discussion(John Chandler) Page 7 of 9 STREET AND ROAD CONSTRUCTION 161 2 A 17 SITE PREPARATION CHANGE ORDER REQUEST Date: June 4,2012 To: Collier County BOCC Attention: Kyle Lukasz Phone: 438-5239 e-mail: kyleiukasz( colliergov.net Project: Replace Cobblers with brick pavers at 4 intersections ITEM DESCRIPTION UNIT EST QTY UNIT PRICE EXTENSION GENERAL Hammock Oak LS 1.0 $12,900.00 $12,900.00 North Tram Station LS 1.0 $12,250.00 $12,250.00 Beachwalk LS 1.0 $11,600.00 $11,600.00 Glenview LS 1.0 $9,650.00 $9,650.00 TOTAL $46,400.00 Price includes removal of cobblers, replace with pavers(pavers furnished by Pelican Bay),maintenance of traffic and bond Leo-M! 23at` ncrn. LEO M. BATEMAN 3260 Cargo St WBE CERTIFIED ph(239)482-4826 Ft.Myers,FL 33916 Lie.CGC 1506291 fx(239)482-8177 ,_ 16j2Al7 \ , . . a Um ,,,, . , , \,. ,,.., c 1 \ ,1 J j t t f .\ , it , ,.. . \i . 4,-.. ., . i. co ut co ' \ 8 ' 8 co ZZ co 0 ---,. 4i _$ z t s; t � lR ' ` ,f s c . d f.t � t / ,o •ti .m> U w to • ,- ' -.• ;','.;..:,..itii;st.);.`,TtClse.;:::':' -'•-• "‘",-''' 4 ‘ ' 1 \ ' co 03 co - � k a .� a. J .ti I Y d U 4 k ka V " #N (1) v N 3r �a `"s :c4,•.•--t.- 5 11 .y a) co c13 t �f- �,�r S d x } 3 j ,1 ' ' '--•--",";."41t4,0.,,:'.,'-'..,.. . .,'. \ . k 4 ' . � •� d 1,...;,11;,;,,,,,,,.,.,..,71%,,,, " t s+ 2.,. ? ,,,.x y$ a H 1 3 E' 1 ' a m- t ,8 t F 9Y + rty 4 8 f H 3 ' � �' fi � E � � a� # I 1 1 �. S. s F i' 1 . �, 8 i V i December 5,2012 Pelican Bay Services Division Board Regular Session 9a.Old Business-Cobblestones at San Marino crossing discussion(John Chandler) Page 9 of 9 1612 A17 • a PELICAN BAY PROPERTY OWNERS ASSOCIATION, �� \� INC. �w - 801 Laurel Oak Drive, Suite 600, •Naples, FL 34108 (239) 566-9707 • FAX (239) 598-9485 • E-Mail PBPOA@pbpropertyowners.org October 16, 2012 Keith J. Dallas, President PELICAN BAY SERVICES DIVISION 801 Laurel Oak Blvd. Suite 605 Naples FL 34108 Dear President Dallas, The Board of the PBPOA wishes to register its strong objection to the PBSD's decision to research the possibility of removing the cobblestones at key crosswalks along Pelican Bay Boulevard, and to not complete the remaining new crosswalk as recommended by the Joint Strategic Planning Committee and the PBSD. This joint group worked with traffic and safety engineers to develop design and material recommendations consistent with both FDOT requirements and the need to improve pedestrian safety. The crosswalk design recommendations, including materials, were reviewed multiple times in community forums. Additionally , at the September meeting, it was noticed that new decibel readings were again insignificant. We believe it would be fiscally irresponsible for the PBSD to rework any of the paving that has been installed, and would be contrary to public safety and to the overall continuity of the community upgrades to not complete all of the crosswalks as originally planned. Sincerely, S N Ar. rie 'Qiva Susan M. Boland President cc: Jim Hoppensteadt Ronnie Bellone / December 5,2012 Pelican Bay Services Division Board Regular Session 9a. Old Business Cobblestones at San Marino crossing discussion Alternatives to cobbles at Beach Walk crossing Page 1 of 1 16 1 2 A 17 Alternatives to Cobbles at Beach Walkway Crosswalk Clay Pavers-Although there are contrasting clay pavers like those used in Bay Colony in conjunction with red brick paver used on PBB nothing very closely matches the cobbles. Estimated Cost:$13,100 Concrete Paver—There is a concrete paver(sample provided)in the same charcoal black as the cobble but without the black beauty that gives the granite appearance. $12,300 Cutting Existing Cobbles—Cobbles cannot be effectively cut in-place without probable damage to concrete header and pavers. Removal,cleaning and reinstallation with the smooth surface up is not practical or cost effective vs. new material of pavers or granite.Also,the flip side of the cobble is different from the tumbled side,intended finished side,because of the way it is manufactured. Smooth Granite—Three samples of smooth granite provided with varying shades similar to the existing cobbles.All can be purchased with the same top dimensions as the existing cobbles. Estimated Cost:$15,000 Filling w/Concrete—Filling the existing 3'wide cobble area with concrete(next to the 1' wide concrete header)would create a 4'wide concrete band on each side of the brick pavers. Estimated Cost$8,700 Decibel Readings at Various Crosswalk Configurations Attached are decibel readings recorded at various configured crosswalks on Pelican Bay Blvd. Readings at close range(5 ft.)didn't vary significantly at the various surfaces. However,at a further distance away the decibel readings were up to 10 dB higher at the cobble crosswalks vs. smoother surfaces of just pavers and painted asphalt crosswalk.Although the readings at the paver crosswalk and painted crosswalks were similar at both distances you do recognize the different sound as the vehicle pass's over the pavers. I have no way to determine for sure but it would seem that if the cobble area was smooth that it would have similar readings to the crosswalks that are painted or have just pavers. December 5,2012 Pelican Bay Services Division Board Regular Session 9a. Cobblestones at San Marino crossing discussion-Comments by Cathy and Joe Stenza Page 1 of 1 Original Message A 1 7 From: Keith Dallas [mailto:keithjdallas @gmail.com] Sent: Monday, December 03, 2012 8:00 PM 16 I 2 To: stenza @comcast.net Cc: ResnickLisa Subject: Re: December 5th PBSD Meeting Thanks, I'll forward your comments. Keith On Dec 3,2012,at 6:34 PM, stenza @comcast.net wrote: Hi Keith: Don't wish to speak at the meeting but please register our comments: To spend this amount of money to pull up existing granite cobbles is totally outrageous especially in view of the fact that other places have not complained about having the cobbles and sound tests have not proved a significant decibel noise. Cathy and Joe Stenza From: "Keith Dallas" <keithjdallas @,gmail.com> To: "joe stenza" <stenza(acomcast.net> Sent: Monday,December 3, 2012 4:25:52 PM Subject: December 5th PBSD Meeting Cathy and Joe, I know you are particularly concerned about the 2nd item listed below. We will be discussing it in December but waiting until our January 2nd meeting to decide if we will take any action. The PBSD is meeting Wednesday at 1pm for its monthly meeting.A couple of agenda items might be of interest to Pelican Bay residents: * Tree Canopy/Pathway/Bike Lane Study-We will discuss a proposed approach,and hiring an independent arborist(we will be proposing Ian Orlikoff,the arborist used earlier this year to voice concerns of a group of residents led by Rick Galli).Although this started as a discussion of widening pathways, it has now come full circle to our current emphasis as to how we can keep our trees healthy, and coexisting with our pathways.Depending on analysis,and what we think feasible to maintain the current pathway,we then will discuss if there is any desire to long term widen pathways, and if so, what is feasible. I'm hoping this project brings the entire community, including me,up to speed on the issues and possible solutions on our tree canopy and it's maintenance. We will approach this project in a series of workshops spread over the next few months,probably ending in April. Then we will summarize our conclusions, and revisit them with the community in the 2013-2014 season. Most actions, other than maintenance activities, will probably not occur for years to come. * The Cobbles at San Marino Crosswalk-This is the first of two discussions about the possibility of removing/replacing the granite cobbles in the San Marino crosswalk. Some abutters have objected to the noise caused by the cobbles. However sound tests have shown that removing the cobbles would probably have minimal impact on decibel levels,and would cost$12,000 to$15,000. Identically designed crosswalks at 3 other locations have not created similar reactions from abutters. If you are interested in speaking, please attend. Keith 16 1 2 A417 Reigg wig t PELICAN BAY SERVICES DIVISION JAN 02 2012 Li Municipal Service Taxing and Benefit Unit BY:.. NOTICE OF PUBLIC MEETING MONDAY, DECEMBER 10, 2012 THE LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD MEETS MONDAY, DECEMBER 10 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, 8960 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108. Fiala Hiller AGENDA Henning Zeisita The agenda includes, but is not limited: 1. Roll Roll call 2. Pelican Bay community outreach regarding the importance of BMP 3. Audience Comments 4. Adjournment 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. Misc.Corres: Date: L-{ ( g l l3 Item t 1� � 2 to 1-4 12/4/2012 9:48:40 AM Copies to: $�"t01I 7� December 10,2012 Landscape Water Management Subcommittee of the Pelican Bay Servj s • isio Bo 7 �co t UT\ 2.Pelican Bay community outreach regarding the importance of BMP 't �� 0::.;.\\\ Page 1 of 10 I 4:`x':1 c.3 ORDINANCE NO. 11- 24 i'7 C] r- \�s ,� AN ORDINANCE OF THE BOARD OF COUNTY r-_. ''�f 4/ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, = 4-' �-- `c DeSTt/ZE�' ADOPTING AN ORDINANCE FOR FLORIDA- `��. ;-.-- FRIENDLY USE OF FERTILIZER ON URBAN ir, Ti LANDSCAPES; AND BY PROVIDING AN EFFECTIVE .. DATE. .-D' ° `3 WHEREAS, the Florida Legislature, via the passage of Senate Bill 494 in /009 and the creation of Florida Statute Section 403.9337, mandates the establishment of a Model Ordinance in Collier County concerning the use of fertilizer on urban landscapes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: FINDINGS As a result of impairment to COLLIER COUNTY'S surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or springs within the boundaries of the county, the governing body of Collier County has determined that the use of fertilizers on lands within the county creates a risk to contributing to adverse effects on surface and/or ground water, Accordingly, the Board of County Commissioners of Collier County finds that management measures contained in the most recent edition of the "Florida- friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008, " may be required by this ordinance. SECTION TWO: PURPOSE AND INTENT This Ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions. The Ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on Collier County's Page 1 of 9 December 10,2012 Landscape Water Management Subcommittee of the Pelican Bay Services Division Board 2.Pelican Bay community outreach regarding the importance of BMP Page 2of10 f 61 17 natural and constructed stormwater conveyances, rivers, creeks, canals, spring akes estuaries y P g , san other water bodies. Water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of Collier County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. SECTION THREE: DEFINITIONS For this Article, the following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise. "Administrator" means the County Manager, or an administrative official of county government designated by the County Manager to administer and enforce the provisions of this Article. "Application" or"Apply" means the actual physical deposit of fertilizer to turf or landscape plants. "Applicator" means any Person who applies fertilizer on turf and/or landscape plants in Collier County. "Board or Governing Board"means the Board of County Commissioners of Collier County, Florida. "Best Management Practices" means turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on- location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. "Code Enforcement Officer, Official, or Inspector" means any designated employee or agent of Collier County whose duty it is to enforce codes and ordinances enacted by Collier County. "Commercial Fertilizer Applicator", except as provided in 482.1562(9) F.S., means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf, specialized turf, or landscape plants. "Fertilizer"means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment,or provides other corrective measures to the soil. "Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. Page 2 of 9 December 10,2012 Landscape Water Management Subcommittee of the Pelican Bay Services Division Board 2.Pelican Bay community outreach regarding the importance of BMP Page 3of10 161 2 Al7 "Institutional Applicator" means any person, other than a private, non-commercial or a Commercial Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. "Landscape Plant"means any native or exotic tree, shrub, or groundcover(excluding turf). "Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc. "Person" means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity. "Prohibited Application Period" means the time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of Collier County, issued by the National Weather Service, or if heavy' rain is likely. "Collier County Approved Best Management Practices Training Program" means a training program approved per 403.9338 F.S., or any more stringent requirements set forth in this Article that includes the most current version of the Florida Department of Environmental Protection's "Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008, " as revised, and approved by the County Manager or his designee. "Saturated soil" means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. "Slow Release," "Controlled Release," "Timed Release," "Slowly Available," or "Water Insoluble Nitrogen" means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. "Specialized Turf Managers" means landscape manager of non agricultural land planted exclusively for golf course, parks, or athletic fields. "Turf," "Sod," or"Lawn" means a piece of grass-covered soil held together by the roots of the grass. "Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in Florida Statute 570.02. I World Meteorological Organization definition of heavy rain:Rainfall greater than or equal to 50 mm (2 inches;in a 24 hour period. httpl/severe.worldweather.org/r.iin/,and forecast keyword"likely" hrrp://www.wrh.noaa guy/sew/Melia( uidc/Terms Outlooks_Watchcs_Wamints.pdf. Page 3 of 9 December 10,2012 Landscape Water Management Subcommittee of the Pelican Bay Services Division Board 2.Pelican Bay community outreach regarding the importance of BMP Page 4 of 10 f A 1612 SECTION FOUR: APPLICABILITY This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of Collier County unless such applicator is specifically exempted by the terms of this Ordinance from the regulatory provisions of this Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts for a period of one year from the effective date of the ordinance. SECTION FIVE: TIMING OF FERTILIZER APPLICATION No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited Application Period, or to saturated soils. SECTION SIX: FERTILIZER FREE ZONES Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) or from the top of a seawall, unless a deflector shield, drop spreader, or liquid applicator with a visible and sharply defined edge, is used, in which case a minimum of 3 feet shall be maintained. Newly planted turf and/or landscape plants may be fertilized in this Zone only for a sixty (60) day period beginning 30 days after planting if needed to allow the plants to become well established. Fertilizer shall not be applied to native vegetated buffers required by Collier County Land Development Code section 3.05.07F.3.f. Caution shall be used to prevent direct deposition of fertilizer into the water. SECTION SEVEN: LOW MAINTENANCE ZONES A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture Page 4 of 9 December 10,2012 Landscape Water Management Subcommittee of the Pelican Bay Services Division Boar 2.Pelican Bay community outreach regarding the importance of BMP 1 Page 5 of 10 16 1 2 and filter runoff. If more stringent Collier County Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over-spray of aquatic weed products in this zone. SECTION EIGHT: FERTILIZER CONTENT AND APPLICATION RATES (a) Fertilizers applied to turf and/or landscape plants within Collier County shall be formulated and applied in accordance with requirements and directions provided by Rule 5E-1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers. (b) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro-seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site. (c) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in (a) above for turf, or in UF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. SECTION NINE: APPLICATION PRACTICES (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies, including wetlands. (b) Fertilizer shall not be applied, spilled,or otherwise deposited on any impervious surfaces. (c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. Page 5 of 9 December 10,2012 Landscape Water Management Subcommittee of the Pelican Bay Services Division Board 2.Pelican Bay community outreach regarding the importance of BMP Page 6 of 10 A �� 1612 ; (d) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. (e)In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains,ditches, conveyances, or water bodies. SECTION TEN: MANAGEMENT OF GRASS CLIPPINGS AND VEGETABLE MATTER In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. SECTION ELEVEN: EXEMPTIONS The provisions set forth above in this Ordinance shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 Florida Statutes; (b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; (c) any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture; (d) all golf courses provided that landscaping is done within the provisions of the Florida Department of Environmental Protection document, "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses, 2007"(Florida Golf Course BMPs), as updated. Florida Golf Course BMPs shall be followed when performing landscaping on golf course practice and play areas. If Florida Golf Course BMPs are not adhered to, Collier County may take enforcement action in accordance with Section 14 of this Ordinance; Page 6 of 9 December 10,2012 Landscape Water Management Subcommittee of the Pelican Services Division Board 2.Pelican Bay community outreach regarding the importance of BMP Bay Page 7of10 161 2 A17 (e) all Specialized Turf Managers provided that fertilization is based on the provisions of RULE 5E-1.003(2)(d), F.A.C. and OF/IFAS Publication #SL 191 , while maintaining the health and function of their Specialized Turf areas. SECTION TWELVE: TRAINING (a) All commercial and institutional applicators of fertilizer within the (un)incorporated area of Collier County shall abide by and successfully complete the six-hour training program in the "Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries"offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida-Friendly Landscapes" program, or an approved equivalent. (b) Private, non-commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. SECTION THIRTEEN: LICENSING OF COMMERCIAL APPLICATORS (a) Prior to I January 2014, all commercial applicators of fertilizer within the (un)incorporated area of Collier County shall abide by and successfully complete training and continuing education requirements in the "Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries", offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida-10 friendly Landscapes" program, or an approved equivalent program. prior to obtaining a Collier County Local Business Tax Certificate for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the County Tax Collector's office within 180 days of the effective date of this ordinance. (b) After 31 December, 2013, all commercial applicators of fertilizer within the(un)incorporated area of Collier County shall have and carry in their possession at all times when applying fertilizer, Page 7 of 9 December 10,2012 Landscape Water Management Subcommittee of the Pelican Bay Services Division Board 2.Pelican Bay community outreach regarding the importance of BMP Page 8of10 iN 417 16 evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per 5E-14.117(18) F.A.C. (c) All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi-family and condominium properties) must ensure that at least one employee has a "Florida-friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation which may apply any fertilizer to Turf and/or Landscape Plants shall provide proof of completion of the program to the County Tax Collector's Office. SECTION FOURTEEN: ENFORCEMENT Funds generated by penalties imposed under this section shall be used by Collier County for the administration and enforcement of section 403.9337, Florida Statutes, and the corresponding sections of this ordinance, and to further water conservation and nonpoint pollution prevention activities. SECTION FIFTEEN: PENALTIES Enforcement of the terms of this Ordinance shall be pursuant to the Consolidated Code Enforcement Ordinance (Ordinance 2010-04, as it may be amended). To any degree that the Code Enforcement Ordinance requires or mandates that an opportunity to cure or cure period be granted, said cure opportunity or period shall not apply to this Fertilizer Ordinance. Enforcement proceedings, absent the cure, may be initiated upon the discovery of the violation. SECTION SIXTEEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. Page 8 of 9 December 10,2012 Landscape Water Management Subcommittee of the Pelican Bay Services Division Board 2.Pelican Bay community outreach regarding the importance of BMP ^ Page 9 of 10 LJ A 17 PASSED AND DULY ADOPTED by majority vote of the B9ard of County Commissioners of Collier County, Florida, this 2—eb41.day of JOL. , 2011. ' , 2 BOARD OF COUNTY COMMISSIONERS DWIfHT.E.$RO-*C; itERK COLLIER COUNTY, FLORIDA t. 4 - - or-i- -_.VIL ta, it By: , Deputy Clerk FRED W. COYLE, CHAI N ALLeSt a$ to Ch4Irun S i1Qnature on14 Approved as to form and legal sufficiency: 7. w Q • , Steven T. Williams Assistant County Attorney This crdir.ance (il._d with the Set rretcry of St-re's Office the _ cf"'Y of- , " 11 and lcriow'edgernan gf, that fil:nr received ti-.is . .t! day of aL • ,aQtl� .e:11 •uty Clerk Deplerk Page 9 of 9 December 10,2012 Landscape Water Management Subcommittee of the Pelican Bay Services Division Board 2.Pelican Bay community outreach regarding the importance of BMP hi7 . .7 Page 10 of 10 r, i b12 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2011-24 Which was adopted by the Board of County Commissioners on the 26th day of July, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of August, 2011 . DWIGHT E. BROCK Clerk of Courts ap ;,Clerk Ex-officio to Board-of ,f,.' County Commissioners •-, e, ' /Q.ILIsi -101 i Iiik: :),' By: Teresa PoltApki „ •"y` . Deputy Clerk"'" December 10,2012 Landscape Water Management Subcommittee of the Pelican Bay Services Division Board 2. Pelican Bay community outreach re:importance of landscaping BMP Page 1 of 1 16 1 2 A 17 Suggested Landscape Maintenance Service Agreement Modification Scheduled Fertilizer Applications Contractor will install custom mixed, non staining granular and low phosphorus fertilizers to turf, plants, palms and trees four times per year in February, March, October and December using Best Management Practice (BMP) rates and recommendations published by the University Of Florida Institute Of Food And Agricultural Sciences for healthy growth and protection of surface water resources. During the course of any fertilizer application the contractor shall have appropriate on-site supervision by a senior principal or management employee to establish "fertilizer free" zones within 10 feet of any lake, pond, preserve or wetland area. io1 i A17 FLORIDA GREEN INDU TRIES sT I."fr 1 s144 Kfr !43■2/ rel 'e•f:r rorz. r°rzoTGTiot.t or` tAbharTrz. rz- ourze,E s i pj 't.orzln4- 0,11, 1-, ' w w r i - ai ,,< "y Tr T c .... , ... .,,,.., ... I 4 T y it. _ i I. arse F • .6. • 1411;•it?' 11.: 71:1_t:,:'.,—it'-1::41:11111114:0.. '" s a 04.w " y . s f, _ i_ # w ♦ + f o Y f _, w µ- A '. i l A' 'tea a 4, C_ _,. :-- f_ �. �1 w ... ,. .. +# . 4 r 4 - " d- _ .3y � .. "; -- I. ••- Iii ,- i�� 4 ' , .. i"lit JUNE 2002 1 4ii■ .N. SOUTH FLORIDA WATER MANAGEMENT DISTRICT _, . S ot, • , Y 1 i ... - , • iti tio, . ,• ,. . . , I , ' . , ■. . NW 41 , , ,,,.. :.......,...- , _ ‘ • . ,. - A , . . : if/ 1 ,. ‘o, k . ' . , ' ‘t Of . , ., . . ' . tk 0 fr4, if '11 0 , 448 '' P 'kili / i ... , ..• lifitl t , 4k. : ; , 1 . " / . ..., .o,.. 4 4-4)101i , ' 1 / , , ., . • i-- W A T E R W I S E , South Florida Landscapes -Pqr ' ::". . -- MR714r77"‘''''''' I ' ' ' 1 - ';04 :- ''''''.'i, ' • . ,, 4"1:ii:4 ';'. jot,'..1-, ' - Landscaping to Promote Water Conservation Using the Principles of XeriscapeT-1 1 4 1 2 A 1 7 • The Florida-Friendly Landscaping- Guide to Plant Selection & Landscape Design -41F . . ' . , „ . ii . • .'',■:8. _,.. .),i ,. ', 0, 4.C_,,, : '''''9F 1•""` :! . , •1 A, , , s 4 , ,-JI" •' e- _ . , . , i t ,- n. *, - ‘. ...- , . . , , . - Fro. „...,, , ... : . _ ,.....„.„,,,,,,„,_ .4 ,, . . .. , , „ ., °Iff t 0. . ,4 , 4 I r * • ,..„, . 4^*• ' . , i 0,* 4 , .,,,, •-,..- ,, ',,,,, 4..1.' itz ' ‘,,,,,,,.. , i r , : ,1‘,.'7' 4 '''°. I„.# 10, a ' .'■.- 7 :,... i,.4 , it, ,..,,,. ..„,.. .4001P' v r . " 4' **I'ptar'' , ,,,, ■ k ''''' .. -.N. ....I., „ ,_,:. . ,....... , . .., .,4 • .,. . i. : - ,,,, .. ..,„. . u.., . ' .... . - 0.- • .... , . ""•,,',,,, ',04,3,. 1°- ., .— i,' ..... , 'I , .1, ' 1 '''''—ii'•)'•• '': ,••,„ ,„:." At- c. • '-.4`.• ,.,4. - 1 -,* i T filn 1 ' ' ■■• 1V6, .V,■'-7 ■ .. -,--"P'-f-'' - .,:.. ° --7.6'.--"' -:'-=',-"*..j-4,, '-I4 /. .-, - ,..' ei :•. , ,, . ,, , ,i. „„ ,_.,,,,_,.„. ... ,, ‘-.Y'--..,-,.-....',,,,...•r.:.'..;:,.r.■'S<..';'.'..';'''''''''7:iet.t:;;:'.,':::::,'''.;;''i,t.::=:,‘'.^.;'''1,.'.:F.,47:',':''''.','''r.:.,7 1777;7C''': '''''.;::':',k;r;.",,Ur 4i.,67',F.6!ItZ2 . . A FLORIDA-FRIENDLY LANDSCAPINGT PUBLICATION 1612 Al ? Original Message From: lustigl @embarqmail.com [mailto:lustigl @embarqmail.com] Sent: Monday, December 10,2012 11:25 AM To:Resnick Lisa(PBSD) Subject: Fw:Today's Landscape/Water Quality mtg Lisa,I just sent this to Tom Cravens and Keith Dallas. I just now found your email address. It is intended for them; and not the whole committee at this point. I leave that to their discretion. Diane Lustig Original Message From: lustigl(a�embargmai1.com To:keithdallas(&,,comcast.net; Cravens,Tom<mailto:nfn16799 n,naples.net> Cc: McDonald, Paul<mailto:pgmcd(cr�aol.com> ; Hyde Park Condo<mailto:hydeparkcondo(&,embargmail.com> Sent:Monday, December 10,2012 11:15 AM Subject: Today's Landscape/Water Quality mtg Keith and Tom: Our Property Manager Steve Kohn will again accompany me to the Landscape&Water Quality subcommittee meeting today. Hyde Park takes a lot of pride in its grounds--our primary assett--and in the health and beauty of the adjoining lake. We have one of the largest grounds within Pelican Bay and the lowest population density. The president of our condo home owners association--Paul McDonald--has agreed that there may be some significant opportunities for Hyde Park to "partner"with the PBSD to better understand and implement the new landscaping procedures and requirements designed to address the water quality of the lakes. By working together we could probably develop some good,solid suggestions towards the plan for improving the lakes'water quality. Together,we could then implement the measures within our grounds/lake, and monitor the results before proposing their implementation on a broader scale. To keep things very simple, I suggest that we work directly with Kyle Lucas to come up with some suggestions. We can then put those ideas through our Board President,and then Kyle could discuss those items with you and your committee. I think that we could significantly enhance your"outreach to the community"through our joint efforts. We are very fortunate to have a manager who takes a very active interest in our grounds. He has acquired a lot of experience in many of the issues which we would be addressing. He is a part of the Southwest Florida Property condo management group. Therefore,whatever he would learn as a part of this process, he will be able to pass on to the other Southwest Property managers within Pelican Bay. Similarly,our landscape maintenance company,owned and operated by Adolfo Mayor,has displayed that same dedication to the protection and enhancement of our grounds. He cares for our property as if it was his own. Two years ago he was advising us of the coming dangers of the ficus white fly,allowing us to start treatments before most of the associations were even aware of the threats. Having learned much of his trade through association with Jack Lieber(our landscape architect as well as Pelican Bay's),he has avidly pursued many of the practices now called for in the Best Management Practivies(BMP). Adolfo similarly has contracts at several Pelican Bay associations. So he will be able to apply there the positive lessons learned by working together. Finally, Hyde Park has one of the most active--aggressively active--landscape committees in Pelican Bay. I know that they similarly will be eager to see what benefits Hyde Park and Pelican Bay could acquire through an eager and cooperative approach to BMP and water quality. Besides the"stellar line-up"of personalities that Hyde Park could offer,our location is ideal: We sit at the primary intersection within Pelican Bay. We have one of the larger lakes adjoining our grounds. We share that lake with the golf course--which brings its own complications in terms of water quality. Finally,we are the last lake before the storm water crosses under the road and enters into the Clam Bay estuary and canal system. A "partnering"between PBSD and Hyde Park could be a real "win-win" for Pelican Bay and our priceless natural habitat. Sincerely, Diane Lustig(239-593-6448) 1612 Al ? Important Information for our Reclaimed Water Customers January 25, 2012 To reduce the risk of fertilizer runoff contributing to nutrient pollution, the Board of County Commissioners adopted Ordinance 11-24, the Florida-Friendly Use of Fertilizer on Urban Landscapes. This Ordinance requires that— -all lawn and landscape service businesses take the Green Industries Best Management Practices training to obtain an occupational license in 2012; -regulates the proper use of fertilizers by any applicator; -establishes a prohibited application period; -specifies allowable fertilizer application rates and methods; and -establishes fertilizer-free zones, low maintenance zones, and exemptions. Regulation of the nutrients contained in fertilizer, including phosphorus and nitrogen, will help improve and maintain water and habitat quality. For more information on the Collier County Fertilizer Ordinance, please visit www.dontoverfeed.com . Although all golf courses that landscape per the provisions of the Florida Department of Environmental Protection's (FDEP) Best Management Practices for the Enhancement of Environmental Quality of Florida Golf Courses are considered exempt from the provisions of Ordinance 11-24, we encourage the golf courses and all other reclaimed water users to consider the amount of nitrogen and phosphorus present in reclaimed water prior to any additional fertilizer application. All reclaimed water distributed is compliant, meeting FDEP requirements. The concentration of nitrogen and phosphorus in reclaimed water is dependent on the constituents of the influent (raw sewage)and the type of treatment process used. The five-year average nitrogen concentration and the one-year average phosphorus concentration in the treated reclaimed water produced at the North County Water Reclamation Facility(NCWRF) and the South County Water Reclamation Facility(SCWRF) are listed in Table 1. The Collier County Wastewater Department intends to provide the nitrogen and phosphorus sampling results to our reclaimed water customers quarterly, to allow for adjustments in fertilizer application. DMZ .f 17 TABLE 1 NCWRF (mg/L) SCWRF (mg/L) Average Nitrogen Concentration 9.6 9.9 Average Phosphorus Concentration 1.0 2.7 Before applying fertilizer to your landscaping, please consider the amount of nitrogen and phosphorus already present in reclaimed water. Runoff from over fertilizing is a major source of pollution in waterways such as canals, streams and ponds, producing algal blooms and excessive aquatic weeds, ultimately affecting the coastal ecology. Additionally, if fertilizer is applied without consideration of the phosphorus and nitrogen already present in the reclaimed water you may expose your landscaping to an increased potential for disease and/or fungus. As the above table indicates,there is a considerable amount of nitrogen and phosphorus present in reclaimed water, which needs to be accounted for prior to application of fertilizer. Generally, applying reclaimed water at a rate of 1" per acre per week will provide approximately 2.7 pounds of nitrogen per 1000 ft2 annually, which is 90%of the label limit for Bahia and Centipede grasses, and 50%of the limit for Saint Augustine and Zoysia grass. The same amount of reclaimed water would provide all the phosphorus needed for all the turfs. In addition to improving water quality, reducing the amount of fertilizer used will save you money on the purchase and application of fertilizer and decrease mowing costs. Please avoid sprinkling impervious surfaces, such as sidewalks and streets, and do not irrigate directly or indirectly into a waterway. The Collier County Wastewater Department will continue to provide the nitrogen and phosphorus sampling results to reclaimed water customers on a quarterly basis. For more information regarding the Florida-Friendly Use of Fertilizer on Urban Landscapes contractor education please visit http://www.rookerybay.org/professional-development/project- greenscape. For soil testing and additional fertilizer information please contact the University of Florida Institute of Food and Agricultural Sciences Collier County extension office at (239) 353-4244 or visit their website at http://edis.ifas.ufl.edu/ . Please feel free to contact me at DanetteHuff@CollierGov.net with any questions or concerns. Sincerely, Danette Huff Reuse Manager, Collier County Wastewater Department Page 2 of 5 i A17 NITROGEN CALCULATIONS To calculate how much extra nitrogen is needed if you irrigate with reclaimed water please see the example below using Centipede and Bahia grass. You can modify this calculation by adapting this calculation to fit your landscaping area and types. Rule for nitrogen — application rates for slow-release nitrogen are not to exceed 1 pound per 1,000 square feet per application. Application rates for quick-release nitrogen are not to exceed 0.7 pound per 1,000 square feet per application. The required label limits for fertilizer application in south Florida is 2-3 pounds for Centipede grass and 2-4 pounds of Nitrogen annually, per 1000 ft2 of turf. • In this example assume the need for 3 pounds of nitrogen applied once a year: • For this example, assume a 1,000 ft2yard • Irrigate with reclaimed water per South Florida Water Management District Rules: 3A- 1 inch (this calculation was done using one inch of irrigation) per 1,000 ft2 per week of reclaimed water= 623 gallons per week(2,358 Liters). Convert gallons to liters • If you receive reclaimed water from the SCWRF, use the 9.87 mg/L value for nitrogen in the reclaimed water. • If you receive reclaimed water from the NCWRF,therefore you use the 9.6 mg/L value for nitrogen in the reclaimed water. SCWRF Calculation: Multiply 2,358 Liters x 9.9 mg/I = 23,344 mg of nitrogen applied per week or(1,213,898 mg/year) which equals 2.68 pounds of nitrogen per year before you add any fertilizer. Convert mg to pounds. If we subtract the 2.68 pounds already present in the reclaimed water then you only need to purchase and apply 0.32 pounds of nitrogen each year. 89%of nitrogen is already supplied by the reclaimed water in this example. NCWRF Calculation: Multiply 2,358 Liters x 9.64 mg/I = 22,873 mg of nitrogen applied per week or(1,189,375 mg/year) which equals 2.62 pounds of nitrogen per year before you add any fertilizer. If we subtract the 2.62 pounds already present in the reclaimed water then you only need to purchase and apply 0.38 pounds of nitrogen each year. 87%of nitrogen is already supplied by the reclaimed water in this example. Page 3 of 5 r vg,e) Imo PHOSPHOROUS CALCULATIONS As a general rule,the University of Florida Institution of Food and Agricultural Sciences recommends soil testing for phosphorus content before any phosphorus fertilizer is applied. Rule for phosphorus — application rates are not to exceed 0.25 pound per 1,000 square feet per application and are not to exceed 0.5 pound of phosphorus per 1,000 square feet per year. • For this example, assume a 1,000 ftzyard • Irrigate with reclaimed water per South Florida Water Management District Rules: 3/ - 1 inch (this calculation was done using one inch) per acre per week of reclaimed water= 623 gallons per week(2358 Liters). • If you receive reclaimed water from the SCWRF, use the 2.7 mg/L value for phosphorus in the reclaimed water. • If you receive reclaimed water from the NCWRF, therefore you use the .996 mg/L value for phosphorus in the reclaimed water. SCWRF Calculation: Multiply 2,358 liters of reclaimed water x 2.7 mg/L= 6,367 mg of phosphorus applied per week or(331,063 mg/year)which equals 0.730 pounds per year. Reclaimed water exceeds the limit of the phosphorus allowed for fertilization; therefore no additional phosphorus-containing fertilizer should be used if using only reclaimed water and watering once per week. NCWRF Calculation: Multiply 2,358 liters of reclaimed water x 1.0 mg/L= 2,358 mg of phosphorus applied per week or(122,616 mg/year)which equals 0.27 pounds per year. The reclaimed water supplies over half of the annual limit for phosphorus. A soil test for phosphorus should be conducted to determine if additional phosphorus from fertilizer is necessary. • Reclaimed water is supplemented with well water during high demand periods and constituents of influent are subject to change, therefore the levels of nitrogen and phosphorus in the reclaimed water may change. • Total nitrogen was calculated as Total Kjeldahl Nitrogen (TKN)+ Nitrate (NO3) because NO2 is not normally detected and therefore was not included. Page 4 of 5 1612 Al ? ADDITIONAL RESOURCES: Fertilization Guidelines for Established Turf grass Lawns in South Florida Nitrogen Recommendations Turf Grass Species Pounds of Nitrogen per 1,000 ft2 per year Bahia grass 2-4 Bermuda grass 5-7 Centipede grass 2-3 St.Augustine grass 4-6 Zoysia grass 4-6 Links to: Homeowner Best Management Practices for the Home Lawn University of Florida Institute of Food and Agricultural Sciences Summary of IFAS Turf& Landscape Irrigation Recommendations Additional information and history of lawmaking for nutrients Rookery Bay Project Greenscape Page 5 of 5 1612 , } 1,f All December 5,2012 Pelican Bay Services Division Board Regular Session 7cii. 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ZTZL ,et i . . . , i . . , , ., , , . i i ' OtZ PEi.+ • r ! i v . a .y ■ j LSE I tLL .i i m • I � S•LE .1 OTT i L OE I i ! t,gt N ti I ZOi Z'SE �i E'rq*MOW: • 8 8 8 § F 8 8 8 ° ("1/1 )sddo3 1612 A 17 RmargmErni JAN p2 2012 BY: PELICAN BAY SERVICES DIVISION Municipal Service Taxing and Benefit Unit NOTICE OF PUBLIC MEETING MONDAY, DECEMBER 10, 2012 THE CLAM BAY SUBCOMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET ON MONDAY, DECEMBER 10 AT 3:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, LOCATED AT 8960 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108. Fiala 1/ ✓ AGENDA Hiller ✓ Henning j it Coyle ✓' The agenda includes, but is not limited: —Gebefta — -- 1. Roll call 2. Draft Clam Bay mangrove maintenance annual report 3. Draft Clam Bay tidal analysis annual report 4. FDEP data for copper levels in Clam Bay 5. Proposed BCC ordinance amendment discussion 6. Date and topics for next Subcommittee meeting 7. Audience comments 8. Adjourn 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. VISIT US AT HTTP://PELICANBAYSERVICESDIVISION.NET. Misc.Comes: Date: Li I 13 Item#: ACA 2-' 12- 12/7/2012 10:24:45 AM LRJ Copies to: i 417 16 m, ,,,,,,,Ay s,„„rtyFfyivGAf1D %l'/ANAGEMENT t ANNUAL MONITORING REPORT 'j .4;fs., 'sr.., ,,,.0,,,ivi,4 i 1 ef. ., P ',gill!!-.."7' 4 T♦.�4p” i �� i � wt _� ....�e^�s..a. i•' ^ .��5.�0 - °.�y>.rM' htt�f' .�y�tii�r. y iiiry ! `r • ib a � t F:-: rax s •."'i C l •r 4�trt f . "' zi ti$_•r""• �r e Ri '.,& ' ♦-'''' a .'Ya1t*'sr, i 4s• ... t-FA ,1,!11,.:,�tfaP Vii*- . . r 51 `#.ew , I BY: TURRELL, HALL &ASSOCIATES, INC. FOR: THE PELICAN BAY SERVICES DIVISION DECEMBER 2012 1 of 50 ,2 A17 , . Clam Bay Annual Monitoring Turrell,Hall&Associates,Inc. December 2012 II V t Introduction The Clam Bay estuarine system is a 570-acre area of sandy beaches,shallow bays,seagrass beds and mangrove forests on the coast of Collier County in southwest Florida. The community of Pelican Bay abuts the northern and eastern edges of the system,while the Seagate and Naples Cay communities abut the southern portion of the system. The Clam Bay estuarine system is an important natural and recreational resource for local residents and visitors. Clam Bay was designated a Natural Resource Protection Area by the Board of County Commissioners of Collier County in 1994 (Collier County, 1994)and consists of approximately 420 acres of mangroves and some 115 acres of shallow, open water bays, as well as a 35 acre beachfront parcel(Clam Pass Beach Park).The system consists of three primary bays;Outer Clam Bay(southernmost),Inner Clam Bay(central),and Upper Clam Bay (northernmost), connected by a series of tidal creeks. i s _ -,ti { , •4H w 1 {... 1 x�. a t Y�■ 4 NW VW' _ -..Z,‘,....l e * t. # �� « � }�,�, ��';' rt^ �� ,'':. '� ty `--fib: , .....t t, � �`, +«, tx:f *'•y 'v ..:s...r� ✓ »'- ii.tnt�FU4tz, J�+4 x 'q ' F f- fir'` VI' 7°r `a 4: �"t'4 3 Y'f ,91, * *, )4090r* w» '4. `a .. ' ., 4":,t 4x"71 '* t,�441 i 1 r y$to 3* tt .::z"-, 1„ - r �a't ,,f,',. ...?4 � �' � �.} ' a °♦ �,� x'7k�,��dt 6` ��a �a ' 1:t4*-. may ,.. . , 4" The entire system receives runoff from adjacent upland and wetland areas. Upper Clam Bay is connected to Inner Clam Bay by a winding narrow creek.Inner Clam Bay is connected to Clam Pass through another narrow creek. Outer Clam Bay is connected to the Gulf of Mexico by a wider creek through Clam Pass. Some water also flows south to Doctor's pass through the culverts under Seagate Drive. Clam Pass is a small,marginally stable inlet that has migrated north and south along the shore over the years. Prior to dredging,average water depths were-2.5' to-1.0' with a width of 30-50' (Collier County, 1994).The Pass remains the primary source of tidal exchange for the Clam Bay system, but it is restricted by sediment deposits just inside the pass and in the long meandering tidal creeks surrounded by mangrove forests. The smaller embayments located primarily to the north of the pass are not subject to normal tidal exchange except during exceptionally high tides.Tidal range is restricted throughout the Clam Bay system(Turrell 1995;Tackney 1996). 2 of 50 1612 Al7 Clam Bay Annual Monitoring Turrell,Hall&Associates,Inc. 11 December 2012 The system is bounded on the north by Vanderbilt Beach Road,to the south by Seagate Drive,to the east by the Pelican Bay development and to the west by the Gulf of Mexico. Pelican Bay is predominately a residential community of private single-family homes,as well as both high and low-rise condominium units. The community also includes a golf course, common areas with meeting rooms, tennis courts, beach park facilities, emergency services facilities, and commercial areas with shopping and hotels. The 2,104-acre Planned Unit Development (PUD) was approved in 1977 as a partnership between Collier Enterprises and Westinghouse Communities. It was one of the first developments in Florida required to save fragile coastal wetlands and associated ecosystems (Urban Land Institute, 1981). The development of Pelican Bay had a limited impact on the wetlands themselves(approximately 94 acres in total with about 78 of those acres located in the northwestern corner of the property)leaving the mangrove forest intact and preserved around the bays. In 1992 a small area of dead black mangroves was first observed in the northern part of the system. In 1995 a significant area(approximately 50 acres)of dead and dying mangroves was reported (Turrell, 1996). Following the die-off, restorative dredging was proposed to increase tidal flushing by opening up the pass and widening several tidal creeks within the system. The Florida Department of Environmental Protection (permit#0128463-001-JC) and the United States Army Corps of Engineers(permit#199602789(IP-CC)),authorized restoration activities in the Clam Bay system,in an effort to restore the mangrove communities that had died off. The restoration activities permitted by state and federal agency permits required a suite of monitoring activities to assess effects of the work efforts. Those permits expired in 2009 however, the Pelican Bay Services Division (PB SD), in an effort to remain informed of the condition of the system, and vigilant in their protection of it,pursued new permits in order to continue the maintenance of the flushing channels within the forest areas. Permits were granted by DEP(permit #11-0128463-005)and ACOE(permit#1996-02789)authorizing this activity. Maintenance of the main channel and Clam Pass will be undertaken by Collier County through a separate permitting process. Like the previous permits,the new permits require annual monitoring of mangrove and other components within the system. This document presents a summary of the mangrove and seagrass monitoring which has taken place within this past year. It also summarizes tidal and water quality data collection that has occurred within this past year. Mangrove Monitoring Methodology The mangrove monitoring undertaken this year was a continuation of monitoring which was initiated under the old permits. The eleven existing Turrell,Hall monitoring plots and eight of the original Lewis mangrove plots were observed. The previously established monitoring procedures were conducted. These included documenting the number and species of trees within the plot, as well as their approximate height. Each monitoring plot is a measured 10m x 10m square staked at each corner and marked in the center with a labeled PVC pipe. Monitoring activities included enumeration and mapping of living and dead trees with diameters at breast height(DBH)recorded for all living trees with a DBH greater than 2.5cm. Seedlings were identified by species and numbers were estimated by count or percent cover (where high numbers make individual enumeration difficult). In 2003, each measured tree was tagged and identified with a plot specific 3 of 50 1612 X17 Clam Bay Annual Monitoring Turrell,Hall&Associates,Inc. December 2012 number to allow for easier tracking of individual trees as well as to allow easier comparisons over time. Any saplings that grow to sufficient size(>2.5cm DBH)between monitoring events are added to the tree counts and receive tags and numbers as well. Photographs are taken and any additional observations,including standing water,wildlife or signs of stress are noted. Time,tide, and prevailing weather conditions were also noted for each survey. Meandering transects were walked throughout the system to inspect stressed areas or to observe areas of concern related by residents of the community or identified through examination of aerial photographs.These surveys are conducted throughout the year as needed.Observations made during these pedestrian transects are noted in the general biological discussion of this report. A photographic timeline was also initiated this past year. Concerns expressed by residents led to the establishment of photo points on the roofs of two condominium buildings adjacent to the mangrove area. Quarterly photos are taken from fixed positions on the roof of the Montenero and the Grovesnor condominium buildings. Over time, comparisons can be made of the photographs to determine if any additional die-off or gradual changes are occurring. Each year, scale rectified aerial photographs are taken of the Clam Bay System by Aerial Cartographics of America. The aerials are produced at 200-scale in both color and infrared versions. These annual photos can then used to compare recovery and die-off areas for the annual reports. Mangrove Monitoring Results A summary of the 19 monitoring plots have been included on the following pages. Plot discussions, comparative photographs, and tree compositions have been included on each individual plot page. 4 of 50 .. 17 .. 1 6 1 2 ik ft v' X X 0 ed V N t, «i cd -4--. O •X 0 .cn Q _2 V s.. it v] $� .. ..•,'F.' y or J of " N r 0a) ¢ C O N to i.+ z, pN▪ V • cs C/] v) cd �' •4, cd '' z *._ 4 N N O. C N 0 cn E V >O s.. *A " w4 ---cs czs b4 u O .O m ", , 'r i Vs; , ct▪ _ ,k v, C Cl) > bA O V 7 > to r ., t a a ' "' yj N "O L O by Q., cd O 0 "9 J r . �� ycr b:A .. N ti •� N .O 5 bp'� 0 ' *Yx'. .1vy,, ; 1 .". ,r . 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I- li 41 O L _0 c a 2 i - ci 0 on'" c o a) CY O o &_,Q f CC N >,= a, O O O O O O O O .fl CO M N 14 .ru g 8 she;ol 00.1.1.0 F A 1. • I ;2 ''w' s • fi a p^ ",'.'�.mae c s M�'•e,>s �i'•1111 •b. C Y" 'r s * -, ' t } ..• i, � re "N S4-i .r O 7 . ..c , 4,-y. .. • 4 t-'i te� N r+OA 4 • p ++ bp C It O N O St;t^ • ••=i d Fa ''.4..44,. ,' 1..$bA t Cd 9 N ;_ 0 � O O N ai ' x'A k R %,CI P ski IILtUU 0 u) 9 = S "E. M N U as m d Q >. H d L I O th co O C a _ a cd a) eC 0 0 y Q Q N co O O O O O O O Nr O O co N co r. 0 sielol aaal UFA , 1612 Clam Bay Annual Monitoring A17 Turrell,Hall&Associates,Inc. December 2012 Condominium Roof Photos Montenero Roof July 2012 trri::, Montenero Roof December 2012 24 of 50 1612 I A r Clam Bay Annual Monitorin g Turrell,Hall&Associates,Inc. December 2012 d` N' Grovesnor Roof July 2012 Grovesnor Roof December 2012 25 of 50 1612 417 , Clam Bay Annual Monitoring Turrell,Hall&Associates,Inc. - December 2012 An issue from the past year that we have been observing is the presence of boring beetles attacking stressed trees in the early months of 2011. Observations within the system and research into the life habits of many boring beetles led to the conclusion that white mangroves affected by the sustained cold temperatures in December 2010 and January 2011 were most susceptible to the beetle attack. Cold stress reduced the abilities of these trees to fight off the boring activities and many trees succumbed to them. Yellowing leaves,leaf drop,and eventual death of the tree was the result. The dead trees are easily visible in the rooftop photos on the previous page. Efforts made to identify the beetle identified at least two species,both round-headed(Lon horned beetles)and flat-headed borers(Metallic beetles). No further loss of trees was documented this year as a result of the borers but continued vigilance will be maintained to see if additional infestation occurs in the future. White Mangroves affected by cold and borers Borer damage to stressed tree 26 of 50 161 2 ,A17 Clam Bay Annual Monitoring Turrell,Hall&Associates,Inc. December 2012 Seagrass Monitoring Methodology Seagrasses are a valuable biotic indicator of environmental health and the PBSD has recognized the value in maintaining viable conditions for seagrass growth. The original permitted dredging design-entailed impacts to seagrasses within the channel between Outer Clam Bay and Clam Pass. Monitoring over the life of the permit was designed to allow documentation of the regeneration or loss of seagrasses within the system and follow the effect of increased tidal flushing on seagrass aerial coverage and density within the potentially affected beds. These monitoring practices have continued in order to further document the overall health of the Clam Bay system. Monitoring methods include examination of aerial photographs and ground truthing by in-water and wading surveys. Accurate estimation of seagrass coverage is primarily hampered by visibility. The type of seagrass and limited visibility make estimation through examination of aerial photographs almost impossible. The most effective survey technique has been diving and wading transects and the most effective time has been at low tides when shallow water and substrate exposure make coverage estimation easier. Best effort was made to overcome the visibility obstacles in those areas that were deeper. Due to the ephemeral nature of the grasses being monitored,the survey methodology has been slightly modified from what was originally permitted in the 1998 permits. It was noted early on that the seagrasses shifted in location from year to year and that fixed quadrats in the same location year after year did not accurately depict seagrass coverage or presence within the Bay. More general observations of the presence of grasses along these transects have been used to locate the grass beds with the quadrat measurements used to quantify coverage within those areas where grasses are found. Grass beds in or adjacent to these transects are then mapped with a handheld GPS unit(Garmin 76c) and transferred to an aerial exhibit. 27 of 50 Clam Bay Annual Monitoring 162A Turrell,Hall&Associates,Inc. December 2012 Seagrass Results Outer Clam Bay: Transect 1 Transect one was surveyed with snorkeling gear in water depths from 2 to 3 ft. Visibility was approximately 8-10 inches and was easily reduced if sediments from the bottom were stirred up. Shoal grass (Halodule wrightii)was found within quadrats 2,3,4,5,and 6,and a small area of Paddle grass(Halophila decipiens) between quadrats 1 &2 of this transect. The general area of grasses along this transect remained consistent with last couple of years and has expanded slightly from the original pre-dredging monitoring. Densities of grasses were higher throughout the entire transect compared to past years monitoring period. In addition to the grasses, oysters (Crassostrea virginica) were also observed along the mangrove fringe line. Oyster clumps (approximately 6 inches by 6 inches), upside- down jellyfish (Cassiopeia xamachana), lightning whelks (Busycon contrarium), fighting conchs (Strombus alatus), shell debris, and red, green and brown algae(Rhodophyta, Chlorophyta, and Phaeophyta)were also observed along Transects 1. Transect 1 80% - 75% 70% - 60% - 60% L > 50% - 0 0) 40% - 30% m 30% - 25% m 20% - a 10%o - 5% 5% 0% I ® , 1 2 3 4 5 6 Quadrat Numbers (1-6) 28 of 50 Clam Bay Annual . gInc _ . 1.1. 6 1 2 A 17 Turrell,Hall&Associatesitori Inc. December 2012 { I ";ate Shoal Grass (Halodule wrightii) (Transect 5) , rW „,,,;;;;;Z :4jk:'', '''''- ',' ,,,,,, \:-',,''''''''', 1 le ' ' ,*" EYt} r , Shoal Grass (Halodule wrightii) 29 of 50 Annual Monitoring 17 —.--76 1 2 A Clam Bay A g Turrell,Hall&Associates,Inc. December 2012 Outer Clam Bay: Transect 2 Transect two was also surveyed via snorkeling gear and wading. Water depths ranged from 6"to 3 ft.with visibility approximately 10-12 inches but like Transect 1 this was easily reduced if sediments from the bottom were stirred up. A small area of Shoal Grass (Halodule wrightii)was observed along this transect between quadrats 1, 2, and 3. The density of this grass has increased since lat monitoring period with the maximum 15%coverage and was mixed in with some Caulerpa algae. Caulerpa was also observed in other areas along this transect and throughout the system. In addition to the grasses, southern hard clams (Mercenaria campechiensis), and lightning whelks (Busycon contrarium) were also observed within this transect. Transect 2 16% 15% 14% - 12% - L m 10% - U 8% - d 6% - 5% c) m 4% - 2% 0% 0% 0% 0% 0% 1 2 3 4 5 6 Quadrat Numbers (1-6) 30 of 50 17 Clam Bay Annual Monitoring A 17 Turrell,Hall&Associates,Inc. December 2012 Outer Clam Bay: southwest sector, Transect 3 Transect 3 was surveyed with mask and snorkel gear. Water depths ranged from approximately 2 to 6 feet. Visibility varied between 12 to 16-inches. The small patch of turtle grass ( alassia testudinum) was observed along the western mangrove fringe line. This patch has been observed i the same location for the past several years and this year has noticeable grown in size from the last mon toring period. The patch would still be considered small however has just about doubled in size with abou 10 to 20 erect shoots with 2 to 5 leaf blades each. The extent of the rhizomes was not explored for fear f disturbing the bed. In addition to the grass,both blue-green and red algae were present within the shallo s.There was also a lot of Caulerpa present in and around this transect area. Other observations made alon this transect included the Florida fighting conch, upside-down jellyfish and a few scattered oysters right a ong the fringe line of the mangroves. Transect 3 12% - 10% 10% - 0) $% - 6% - 5% 5% v 4% m 4. 2% - 0% 0% 0% 0% 1 2 3 4 5 6 Quadrat Numbers (1-7) 31 of 50 orrissamor Clam Bay Annual Monitoring 16 I A 17 J_ Turrell,Hall&Associates,Inc. December 2012 Western side of waterway between pass and bay, Transect 4 Transect 4 was surveyed by both wading and snorkeling due to the varying water depths. Water depths ranged from 6 inches to 5 ft.with visibility of approximately 12 to 20 inches. The survey was conducted during low tide allowing the visual observation to be completed mostly by wading the entire transect. Large patches of Shoal grass (Halodule wrightii) were observed along the western mangrove fringe line, throughout most of this transect. Oysters were once again observed along the mangrove fringes on both east and west sides of the channel. Blue crabs (Callinectes sapidus), southern hard clams (Mercenaria campechiensis), and lightning whelks (Busycon contrarium) were observed scattered throughout this transect. Several fish species such as mangrove snapper(Lutjanus griseus),mullet(Mugil cephalus), and sheepshead(Archosargus probatocephalus)were also observed. Transect 4 I 60% 50% 50% 50% 50% - 40% - 35% U 30% - 25% v 20% - 15% m 0% - 0% 1% 0% 1 2 3 4 5 6 7 8 9 Quadrat Numbers (1-9) • 32 of 50 w . _. Clam Bay Annual Monitoring 6 + A �, 7 Turrell,Hall&Associates,Inc. December 2012 1.3 g47S fig + "t �,4;4, fi'.fib:;" ',,;?:%. C A' Y€ � { k *. dye .. �S}y Shoal grass (Halodule wrightii) q , , , ,,t drl'' x Southern hard clam (Mercenaria campechiensis) 33 of 50 AClam Bay Annual Monitoring 1 1 b I 2 Turrell,Hall&Associates,Inc. _ December 2012 Eastern side of waterway between pass and bay, Transect 5 Transect 5 was surveyed by both wading and snorkeling due to the same varying water depths as transect 4 has. Depths ranged from exposed substrate inches to 6 feet. In the original monitoring efforts,both shoal grass and paddle grass had been observed along this transect. As the tidal prism changed with the dredging activities, areas where grass had been present became subjected to longer periods of exposure and so died out. Shoal grass(Halodule wrightii)was again observed along this transect,however compared to years in the past a denser percentage was documented indicating a net improvement.Shoal grass(Halodule wrightii) has begun covering the entire mud flat along the eastern shoreline indicating the surrounding bay could be finally rebounding from the historic dredging impacts. Mud snails were observed throughout as well as Florida fighting conchs were also seen scattered throughout the entire transects. Further continued monitoring will indicate if the return is permanent or not. Transect 5 100% 90% 80% - 75% L a 60% - m 40% - V a 20% - 10% 5% 0% 0% 0% 0% 0% 1 2 3 4 5 6 7 8 9 Quadrat Numbers(1-9) 34 of 50 ` Clam Bay Annual Monitoring 1 I A 1 7 Turrell,Hall&Associates,Inc. 6 II ' December 2012 ii Inner Pass, shoal area east of Clam Pass, Transect 6 Transect 6 is oriented north to south and covers a large portion of the shoal area just east of the Pass. This transect was surveyed by wading on account of the very shallow water depths which ranged from exposed substrate to approximately 4 inches. Visibility was not impaired. Large amounts of shoal grass(Halodule wrightii)were observed once scattered throughout the entire southern end of the flat,around quadrats 1,2,3, 4, 5, and 6, with new additional coverage just north of the transect near the boardwalk. This bed has increased considerable two beds present are in the same locations as last year though the density of coverage has significantly increased. The main change in coverage on this transect from the original monitoring conducted during the first annual report is that the grasses seem to have shifted more towards the center and away from the perimeter of the transect. Densities seem to continue to increase indicating a healthy thriving bed. Remaining portions of this transect consist of a sandy sediment with green mat algae, mud snails, and Florida fighting conchs. Trasect 6 100% 95% I 80% - 75% m 60% C 60% - 50% U 40% - 30% L a 20% - 10% . 15%. 0% 1 1 1 1 1 , 1 5%I 1 2 3 4 5 6 7 8 Quadrat Numbers (1-8) 35 of 50 1612 A17 Clam Bay Annual Monitoring Turrell,Hall&Associates,Inc. December 2012 Inner Pass, shoal area east of Clam Pass, Transect 7 Transect 7 is oriented northeast to southwest and covers a large portion of the shoal area just east of the Pass. This transect like T6 was surveyed by wading and snorkeling due to the warring water depths which ranged from exposed substrate to approximately 4-feet. Visibility was not impaired. Large amounts of shoal grass (Halodule wrightii) were observed once again in the vicinity of the mangrove island, around quadrats 3 through 5. The large bed present is in the same location as last year though the density of coverage has increased. The main change in coverage within this transect from the original monitoring conducted during the first annual report is that the grasses seem to have shifted more towards the center and away from the perimeter of the transect. Densities seem to have increased over the past few monitoring periods,indicating a net improvement for this transect and surrounding area. Remaining portions of this transect consist of a sandy sediment with green mat algae,mud snails, and Florida fighting conchs. Trasect 7 90% - 75% 80% - 70% - m 60% - 50% 0 50% - c 40% - 0 30% - CD 20% - ;;tof 10% - 0% 0% r 1% 0% , 1 2 3 4 5 6 Quadrat Numbers (1-6) 36 of 50 1601 ?..Clam Bay Annual Monitoring 417 Turrell,Hall&Associates,Inc. - December 2012 Inner Pass, southern section of channel and shoal area, Transect 8 Like T7,Transect 8 is oriented northeast to southwest and crosses both the channel and the two shoal areas. The survey of this transect was conducted by both wading and snorkeling the survey line. Water depths ranged from exposed substrate to 4 feet with a visibility approximately 2 to 3 feet in the deeper portion of the channel. Shoal grass was observed on the east side of the channel in the shallower water depths,in the same areas as T7 and T6. This seagrass bed has increased slightly in size and density since the original monitoring efforts. The small patch of shoal grass observed two years ago on the west side of the channel has not returned, most likely due to sand build-up allowing this area to dry out during 1pw tides. Densities have increased from the 10%to 45%coverage within the footprint of this transect which was observed last year to around 10%to 95%within the entire seagrass bed area and not just within this transect. Large groups of mud snails, a few Florida fighting conchs, and small patches of algae were also observed. Trasect 8 45% — 40% 40% - 35% 35% - at 30% - 25% 0 25% - U = 20% - 15% v 15% - 5% - 0% 0% 0% 1 2 3 4 5 6 Quadrat Numbers (1-6) 37 of 50 r r Clam Bay Annual Monitoring A 1, 7 Turrell,Hall&Associates,Inc. December 2012 Seagrass Summary Seagrass coverage overall totaled 4.43 acres within the Clam Bay system appears to have decreased since the surveys conducted immediately prior to the dredging in 1998. What has been shown by the past twelve years monitoring is that there was a decrease in the monitored seagrass beds immediately following the initial(1999) dredging activities. This decrease appears to have stabilized around 2004 or 2005 and has reversed in the past few years to where the grass beds are re-establishing previous areas and new areas appropriate for the grasses(in terms of water depths and light penetration) are being colonized. Future monitoring of the seagrasses will be conducted to see if this trend continues. Water Loggers Three continuous water level monitoring loggers were deployed in the system this year. These instruments help us to see how water levels within the mangrove forest react to tides and storm events. The graph below shows the water levels within the forest in comparison to the rainfall recorded within Pelican Bay during the same time period. WELL AT NORTH END OF CLAM BAY Water Depth Rainfall 1.500 — ----------_ —_ -- -- ----- 5.50 5.25 1.250 5.00 - 4.75 1.000 - • 4.50 • 4.25 0.750 : : 4.00 vs • • 3.75 z LL , 3.50 Z • 0.500 - 3.25 . LA. 0.250 — 11111 111 1 a. — 3.00 Q 2.75 p C 0.000 ni ` r 2.50 J ee • -0.25fl 11 _ 11E0��1 II I 2 25 z k i ii II -0.500 . 11111M1111111i111:h� i .r e .,• ,.. - 1.25 -0.750 r i •` 1.00 ' • Z+ 4. •■; iLiItI1 t ~ tii: •" 1■ r 0.75 -1.000 " • •. -. ,,,. =... 0.50 -.....% ii 1. - i z i i•: A17 Clam Bay Annual Monitoring 16 1 2 Turrell,Hall&Associates,Inc. December 2012 WELL AT STATION #7 Water Levet Rainfall 5.50 2.000 - - MI 5.25 1.750 Ili �� - 5.00 4.75 ---------- -- ------------------- 1.500 ' 4'50 4.25 El 1.250 - - 4.00 W 3.75 v ti W 3. 50 z 1.000 • 3.25 0.750 till 11 3.00 Zil /!i� 4:i1 ! , 2.75 0 1 I � !q iT 2.50 I- W• 0.500 t- 0 1 'l l E. I,I • 0.250 , 111C1141111��yy�� ■f i`■' `ii i I 2,25 Q 1W l�i�I■I11 11 Li l • ii♦u® 2.00 -4 • 0.000 'ii7!!lRt Will Ili �� --mm �Imfi•i ;17 z 1 75 ;: ' i� i r �■� a■ annii {I! `!J !-I 1.50 cl -0.250 y � ,� .fi ii tri�♦ %+i♦ 1.25 w « • i �I/I L1 .iii�l !i l f 11 . 1.00 osoo ;,,,. z, 'Il'uIYUL fib 111�I : : '- E�_r' • II_ ♦a1 Le E.. .,. 'r .,; 0.75 -0.750 q:'.- rZ� r . r ♦ 0. -1,000 ..-- _._a_ •sJi N •w� N ..`+Vr s .. N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N N D N d N' m M N 7.1 N N 1 N i O N C1 0i CO _ 1;,- % Na\- \ h O a-I e-1 WELL AT SOUTH END OF CLAM BAY Water Level Rainfall EE __- 1 --- _.... - ----- 4.50 4.25 0.750 �� i �>_ 4.00 w -MS HMI i�'i�i�EBEIMMIi IM iI � 3.75 I- 0.500 1 ��i n s %! ii!'��-��>•�-�I I mo MI- 3.50 L) u. 0.250 I P I II 11•W !EIM��l�?�U 1 1. Mill'VIM E II I��I.. 3.25 Ili .{� I. I� . V I! U11I 'I i 3.00 Q R 1 r i(111 1 U 1 u a m p. M i IT T 1 ' '17 1 I_ 2.75 Q ,,, 0.000 I `1 I IlE iLli� I �i ,��1■ 1?�11 It I!► 1 I f I -II I .I1� 1 2.50 -0.250 l ! !!tij'i lll4 ii!i1111�f►il>E !'l,1 1 L! R I 1i 4.'ll RI'L ! l,ll i� 2.25 i • I I I `U ' IIi-ai i Ilk i Viliaiwit r I_ i I 2.00 'z � � � 1 . � 0.500 .: - ��1 � , MI 1 1.75 Q MI ••, iLia 1 ��A+ �_ i�1�1 . ' I 1.50 < -0.750 or v r��a•�i. AIWA 1.25 1.000 '' ��`.`�� ialita��_ �. .�.� i ��4- 1.00 ii, i�i�� IlC! ill 0.75 ��1♦��1111111U1 ----'I 0.50 -1.250 F : =i ____ 11.11131111111; •• S V- ..w:.� , 0.25 �._ ay � •� w-_._ �� 0.00 11 .- •- MM- - 1 .�� V V V V -I� -4 V V V N N N N N N N N N N N ,-I •-I a�-4 . I e^-1 D 1. CO .Crl ..F4 .4 r.1 e\i N M t\11 n CO O C\i r-1 39 of 50 1 6 4„, i 1 C 7 - lam Bay Annual Monitoring Turrell,Hall&Associates,Inc. December 2012 The fluctuations in levels depicted shows that the system does receive elevated water levels after heavy rainfall events but quickly returns to normal levels. This is an indication that the water flow and flushing capacity of the system is still functional. Tide Gauges The tidal data and flushing analysis for the bays and main waterways within the system is presented under separate cover in a report from Humiston and Moore Engineers. Water Quality Testing Water quality sampling is conducted within the Clam Bay system on a monthly basis. Readings for the month of November 2011 were not collected and so were not included in the comparisons. Water quality samples are collected by PBSD staff and transported to the Collier County Pollution Control laboratory for processing. All of the sampling data are not included in this report due to volume of pages making up this information. Sampling information is available for review and inspection at the PBSD offices. Field notes,chain of custody records,and laboratory reports are included in this data set.Of the parameters sampled and collected,dissolved oxygen (DO),nitrates(NO3),orthophosphates(0PO4),and total dissolved solids(TDS)are discussed below. Discussion on these parameters is provided because they are the most indicative of nutrient loading and other potential water quality problems. The enclosed graphs show monthly averages in the discussed parameters over the last year. This year's testing did show that most parameters are still reacting as expected and the storm water management system appears to be doing its job by tying up or removing nutrient and pollutant parameters before they reach the Gulf of Mexico. 40 of 50 1 Clam Bay Annual Monitoring to t Z A17 Turrell,Hall&Associates,Inc. - December 2012 Parameter Label Units Maximum Maximum Purpose of Sample (Name) Contaminant Contaminant Level(MCL)Class II waters Level(MCL)Class III waters (fresh) TEMP Total Temp.limit=Ambient+AT Total Temp.limit=Ambient+AT Measures water temperature Water Temperature °C June—Aug.AT<1.11°C w/Max.T=33.3°C AT<1.67°C w/Max.T=33.3 Sept.-May AT<2.23°C w/Max.T=32.2°C °C Affects aquatic organisms as well as AT and T converted from°F to°C AT and T converted from°F to°C limiting/aiding chemical reactions COND g2/cm Not more than 50%above normal Measures conductivity indicator of Conductivity N/A background or 1275,whichever is water quality changes greater pH Standard Not more than 8.5 Not more than 8.5 Measures acidity/alkalinity of the water (0-14) Not less than 6.5 Not less than 6.0 Indicates the ability of the system to support life TDS mg/liter Measures the amount of dissolved Total Dissolved Oxygen N/A N/A solids in the water Dissolved solids are minerals and chemicals such as salt DO mg(oxygen)/liter Not less than 5.0 in a 24 hr period,and never Not less than 5.0 Measures the quantity of oxygen in the Dissolved Oxygen less than 4.0 water Low levels indicate the potential for an algal bloom NH3 mg(Nitrogen)/liter In no case shall the nutrient concentrations be Measures the amount of soluble Ammonia altered to cause an imbalance in natural <0.02 ammonia in the sample populations High levels indicate the potential for an algal bloom NO2 mg(Nitrogen)/liter In no case shall the nutrient concentrations be In no case shall the nutrient Measures nitrite content Nitrite altered to cause an imbalance in natural concentrations be altered to cause High levels indicate the potential for an populations an imbalance in natural algal bloom populations NO3 mg(Nitrogen)/liter Measures nitrite content Nitrate N/A N/A High levels indicate the potential for an algal bloom TKN mg(Nitrogen)/liter Measures amount of ammonia and Total Kjeldahl Nitrogen TKN/TOC<15 TKN/TOC<15 organic bound nitrogen in the water Necessary to establish amount of organic bound nitrogen in system OPO4 mg(phosphorus)/liter In no case shall the nutrient concentrations be In no case shall the nutrient Measures orthophosphate content Orthophosphate altered to cause an imbalance in natural concentrations be altered to cause High levels indicate the potential for an populations an imbalance in natural algal bloom populations TPO4 mg(phosphorus)/liter In no case shall the nutrient concentrations be In no case shall the nutrient Measures phosphate content Total Phosphate altered to cause an imbalance in natural concentrations be altered to cause High levels indicate the potential for an populations an imbalance in natural algal bloom populations BOD mg(oxygen)/liter Shall not exceed values that would cause Shall not exceed values that would Measures the oxygen demand Bio-Chemical Oxygen dissolved oxygen levels to be depressed below cause dissolved oxygen levels to High levels indicate a potential Demand limit established for each class be depressed below limit depletion in oxygen content in the established for each class system SALINITY mg(Chloride)/titer Not more than 10%above natural background Measures salt content in the water Salt conditions N/A Indicates salinity of the system TURB NTU(Nepthalometric <29 above natural background conditions <29 above natural background Measures amount of suspended solids Turbidity Turbidity Units) conditions in the water Indicates the clarity of the water in the system SIO2 mg(silica)/liter In no case shall the nutrient concentrations be In no case shall the nutrient Measures the amount of silica Silicates altered to cause an imbalance in natural concentrations be altered to cause Silica is necessary for the survival of populations an imbalance in natural the primary phytoplankton in an populations estuary CHLA mg(Chlorophyll)/liter Measures the amount of chlorophyll A Chlorophyll-A N/A N/A Indicates phytoplankton biomass in the system PHAEOA ntg(Phaeoaphytin)/liter Measures inactive chlorophyll Phaeophytin N/A N/A To establish a true chlorophyll count it is necessary to know phaeophytin TOC mg(Carbon)/liter TKN/TOC<15 TKN/TOC<15 Measures the concentration of Total Organic Carbons carbonaceous material in the water Assesses the potential amount of oxygen demanding matter in the system 41 of 50 Clam Bay Annual Monitoring 1612 Turrell,Hall 7 all&Associates,Inc. December 2012 Dissolved Oxygen(DO) Dissolved Oxygen is a measurement of the amount of oxygen available in the water. Aquatic life depends on oxygen in the water and low levels can be an indicator of poor health of an aquatic system. Outside influences such as temperature, wind, and rainfall can all affect DO. Here in southwest Florida DO levels are typically higher in the winter months when rainfall and temperatures are both lower than in the summer months. The measured DO levels are generally higher this year than they were last year but they still fall below the state standard of 5 mg/l. It should be noted that the readings collected are one time collections and not the 24 hour diel study that would be done as part of a more formal dissolved oxygen study. Time of day can greatly influence DO readings and if concerns are expressed over these results, additional collection could be done. There have not been any indicators of dissolved oxygen depletion(such as fish kills or algal blooms)in the Clam Bay system for the past couple of years so we are not overly concerned about DO levels at this time. 42 of 50 161 2 Al ? Clam Bay Annual Monitoring Turrell,Hall&Associates,Inc. December 2012 Average Monthly DO Levels 10.000 9.000 ,., 8.000 c 7.000 X 6.000 �.; / ,, .1 —iW6 O5.000 ,,wr011livr iPP' .. ,,:;, {:_W-7 Ir g 4.000 W4 0 3.000 2.000 UCB 1.000 N Seagate 0.000 'y, �, 'L "1, ,y'L 49 & ,°� 4e° �a� key° �a� QQi r�a� s, Month-Year Average Monthly DO Levels 10.000 9.000 A 8.000 c 7.000 +` �► d j' I O 6.000 ►irrig � i if/� , --f- P6-11 E 5.000 >, 71� 4� FAIII � FSt. Lucia 0 4.000 K' / PB-13 ca 3.000 i• 2.000 ��— .._ Glenview 1.000 EPB13 0.000 'y ti ti ti ti ti ti ti ti ti ti `o aA \:c1' ,>00 \40 e ke ti ti Month-Year 43 of 50 r 6 2 it. Clam Bay Annual Monitoring Turrell,Hall&Associates,Inc. December 2012 Nitrates (NO3) Nitrates are nutrient components that are most often associated with fertilizers or vegetation decomposition. Excessive levels can lead to algal blooms, decreased DO levels, and decreased viability of the system. In freshwater or estuarine systems close to land,nitrates that reach high levels can potentially cause the death of fish.While nitrate is much less toxic than ammonia or nitrite,high levels can inhibit growth,impair the immune system and cause stress in some aquatic species. In most cases of excess nitrate concentrations, the principle pathway of entering aquatic systems is through surface runoff from agricultural or landscaped areas which have received excess nitrate fertilizer. These levels of nitrate can also lead to algae blooms, and when nutrients become limiting(such as potassium,phosphate or nitrate)then eutrophication can occur.As well as leading to water anoxia (lack of oxygen), these blooms may cause other changes to ecosystem function, favoring some groups of organisms over others. Nitrate values continue to fluctuate widely between sampling station and no appreciable trend is apparent.It is clearly apparent that waters within the development itself,Sample locations St.Lucia,E PB 13,PB-13,and to a lesser extent, PB-11, average higher values than the waters of the estuary. It is also clearly apparent that these higher average values are the result of one or two high readings during the year. E PB 13, PB-13, and the St. Lucia stations have periodic spikes in nitrate levels through the year.It is extremely interesting to note that these spikes correlate very closely with spikes observed for the past couple of years. While it has not been absolutely verified that these readings correspond to times of fertilization at any one location it is still considered probable that this is the main cause of the periodically higher results. The fact that the readings are higher in the development area than in the preserve is still a good sign in that it means the water management system and the vegetation between the berm and the pass is working to take up nitrates out of the water column prior to it going into the Gulf. Average levels are not extreme and as stated above,the water management system seems to be doing its job in removing this nutrient component before it reaches the Gulf of Mexico. 44 of 50 Clam Bay Annual Monitoring Turrell,Hall&Associates,Inc. December 2012 Average Monthly NO3 (Nitrate) Levels 1.00 0.90 = 0.80 80.70 N 0.60 —4—W6 a 0.50 be 0.40 —+—W-1 8 0.30 UCB O. 0.20 0.10 N Seagate 0.00 ti ti ti ti ti ti ti ti ti ti ti ti" ti ti ti ti ti ti ti ;� ti ti ti Oz,° ,ate k(i5) ,4<§' 4<§ PQt 4,a, s§` Month-Year Average Monthly NO3 (Nitrate) Levels 1.00 — 0.90 $$ X0.80 2 0.70 a 0.60 -PB-11 ii 0.50 --*— Lucia b 0.40 —�--FSt.-13 PB O 0.30 �� -4-Glenview I 0.20 _` E PB 13 0.10 0.00 titi NN. titi �� tit' �� tit' :CI' c 9 O`er °, Oe` Nam �e� lac PQc J � Month-Year 45 of 50 2Ak? Clam Bay Annual Monitoring Turrell,Hall&Associates,Inc. December 2012 Phosphates (OPO4) Phosphates are nutrient components like nitrates that are most often associated with fertilizers.Like the nitrates, excessive levels can lead to algal blooms,decreased DO levels,and decreased viability of the system. However, because phosphorus is generally much less soluble than nitrogen,it is leached from the soil at a much slower rate than nitrogen. Consequently, phosphorus is usually much more important as a limiting nutrient in aquatic systems and increased levels can more drastically influence algal blooms or other eutrophication processes. Ortho-phosphate values also fluctuate widely between sampling stations however the trend that started to become apparent in the past may still be progressing. It appears that waters within the development itself, especially sample locations PB-13,and St.Lucia are trending towards higher phosphate levels.There is a lot of fluctuation but for these sites, the highs keep getting a little higher and the lows don't go as low as previous drops. The monthly pattern seen in the nitrate samples was not as apparent in the phosphate samples but, Glenview,PB-11 and the St.Lucia stations show phosphate spikes that correlate inversely with Nitrate spikes. As with the nitrates, the water management system and the vegetation between the berm and the pass are working to take up this nutrient out of the water column prior to it going into the Gulf. 46 of 50 1612 A17 Clam Bay Annual Monitoring Turrell,Hall&Associates,Inc. December 2012 Average Monthly OPO4 (Ortho-P) Levels 0.60 —0.55 -I 0.50 0.45 0 0.40 s 0.35 20.30 E 0.25 0.20 — A WW1 0.15 1 Mir ASIR "' ''A UCB 0.10 r �` I■ 0.05 — N Seagate 0.00 e�titi `�~~ otiti e titi titi titi eOtiti a`titi ` J ti \titi �tiL F PQ 4\a o >J P° Month-Year Average Monthly OPO4 (Ortho-P) LevOs 0.60 0.55 0.50 0.45 0.40 ---- .00 ' O. -f-PB-11 x 0.30 00 0.25 lf —*-FSt. Lucia 0.20 -94—PB-13 0.15 ' �- 4►- Glenview 0.10 0.05 r E PB 13 �'' 0.00 'CI' .:C1' Month-Year 47 of 50 Clam Bay Annual Monitoring "" 5 T A / Turrell,Hall&Associates,Inc. December 2012 Total Dissolved Solids (TDS) This is a measure of the mineral and salt content of the water. Total dissolved solids are normally only discussed for freshwater systems,since salinity comprises some of the ions constituting the definition of TDS.In brackish or saltwater systems, the higher the TDS content, the saltier the water. TDS is not generally considered as a primary pollutant(e.g.it is not deemed to be associated with health effects),but it is rather used as an indication of aesthetic characteristics of drinking water or as an indicator of the presence of a broad array of chemical contaminants. As with past years,this parameter was within the levels expected. The freshwater sampling stations showed low TDS levels while the estuarine sampling stations showed higher levels. In general TDS values have changed little over the monitoring period. 48 of 50 Clam Bay Annual Monitoring 1612417 Turrell,Hall&Associates,Inc. December 2012 Average Monthly TDS Levels 60000 50000 ea a 40000 .. ,:j ^mow -4-W6 'v 30000 ♦ ►..> 0 .tg 20000 ±—W-1 UCB 10000 N Seagate 5eQ o& �o, pec lac cep lac PQ� a� `�c �J J% Month-Year Average Monthly TDS Levels 60000 50000 E 'A 40000 30000 E-PB-11 - o -*-aFSt. Lucia . 20000 10000 --- - __...-- A .-41-Glenview 17 E PB 13 0 1ti tit 11' "Q (.3eQ 0 �o pew ao � PQ� � � � ,),Go Month-Year 49 of 50 if 1 Clam Bay Annual Monitoring Turrell,Hall&Associates,Inc. December 2012 Summary Since the final original permit required monitoring report in 2008,the past restoration activities have continued to yield positive results within the mangrove forest of Clam Bay. The majority of the monitoring plots show continued increases in mangrove numbers and sizes. Two plots(Plots 4 and 9)have been consistently hampered by exotic vegetation and very dense ground cover growth. Ongoing exotic eradication activities will allow for the eventual re-establishment of natural native vegetative community within these areas. Borer damage is being monitored to determine if it was an isolated outbreak or an ongoing issue. Continued vigilance will be maintained to see if additional infestation occurs in healthy trees instead of just the already stressed ones. Continued annual inspection of the flushing cuts throughout the system will be continued. These cuts are vital to the continued health of the system and must be maintained so that the water flows and flushing capabilities of the main waterways is protected. This years monitoring has shown that the system continues to recover and both mangrove and seagrass recruitment have been documented. While the success of work efforts to date is undeniable, continued vigilance is called for to maintain a viable functioning ecosystem at Clam Bay. Stress in mangrove forest areas is still apparent,although in several areas this may still be attributable to storm or cold damage. The spectacular recruitment of white mangrove seedlings, now 8 to 10 feet tall saplings, throughout the original die-off area is testament to the efforts undertaken with the initial dredging and that work can be considered a success. 50 of 50 16I 7 1 _� 71:. Z Nt v f I ''''f''';!. j� s �� —� � Z I' V.V. x CT `S •� t �'_ Nnvn 0 fr. �t ""' 6,. ,1 f f! 11• g 0 T 54y 0 H F U x W W m a D c wIr a H "r [I] CL i 43 el o N W 2 _____----- q r,--(a) b Q `. Z (1 c------' >- ai= �'" col— < / Y W OU OJ s ..I a rY ; 0 rt O - - ( i az J W W in E0 imil 1 N OD s I- Z Z S Z l 0 11 1I W Q 1-H Li,to F_ (9 bA N N , Lci,,/, W _C�C.) .•.1 N uIi k_r,..,„‘ (.5. co *13 , l I^Iftl"".-. zz `^ w r >a M0 cr fn 0. kid A P:19845 Clam BayNhaw cs'SHEETMONITORING REPORT201119845-MR-DIE-OFF REPORT.dwg LOCATION MAP 2!12012 RAND!JONES � ! ,4. i. , a-- . w .1 e r r. 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CO 3'a �a r r , tPd+ ' ! 74 W v eit ism ` Aa 4 �� CD .. t v a, ?.f w U�s z N � a S A 4 M 1 4 - t' i r A 1' { - "l� ' `' A ; `1\t 16I2 Al ? CLAM PASS ANNUAL RESTORATION & MANAGEMENT PLAN TIDAL ANALYSIS ELEMENT REPORT NO. 13 Submitted to: Pelican Bay Services Division Prepared by: Humiston & Moore Engineers H&M File No. 13-078 November 2012 HUMISTON Main Office: MOORS 5679 Strand Court ENGINEERS Naples,FL 34110 Phone 239 594 2021 COASTAL Fax 239 594 2025 ENGINEERING DESIGN AND N ftMt 1 NG \ A17 CLAM PASS ANNUAL RESTORATION&MANAGEMENT PLAN TIDAL ANALYSIS ELEMENT REPORT NO. 13 HUMISTON& MOORE ENGINEERS H&M FILE No. 13-078 November 2012 Table of Contents 1. Summary 1 1 a. Recent Significant Changes. 2 2. Background 2 3. Tide Phase Lag 5 4. Tide Range 8 5. Conclusions and Recommendations 12 6. Channel Entrance Width 15 7. Recommendations for Ongoing Monitoring. 16 8. References 16 List of Figures Figure 1: Gage Locations 4 Figure 2: Low Tide Phase Lag 6 Figure 3: High Tide Phase Lag 7 Figure 4: Low Tide Phase Lag Annual Averages 9 Figure 5: High Tide Phase Lag Annual Averages 10 Figure 6: Tidal Ranges 11 Figure 7: Tidal Ranges Annual Averages 13 Figure 8: Low Tide Phase Lag vs Pre-Dredge Conditions 14 1612 A 1 7 CLAM PASS ANNUAL RESTORATION&MANAGEMENT PLAN TIDAL ANALYSIS ELEMENT REPORT No. 13 1. Summary Analysis of tidal data has previously been presented in annual monitoring reports that also included analysis of changes in the bathymetry of the waterway and the beach shoreline. Bathymetric changes in channel shoals and tidal analysis both provide information that is useful in determining when maintenance dredging of the inlet should be considered in order to maintain flushing. Beginning three years ago there was a change in County policy and this tidal analysis is now being provided as a separate report from the bathymetric and beach monitoring. For a history of the comprehensive bathymetric, beach, and tidal monitoring, see "Clam Pass Restoration and Management Plan Bathymetric Monitoring, Reports"#1 through #9, 2000 through 2008, prepared for the Pelican Bay Services Division (PBSD) by Humiston & Moore Engineers (H&M). This is the fourth monitoring report that is limited to the tidal analysis only. For information on bathymetric monitoring refer to the separate County reports. The Clam Pass Restoration and Management Plan was implemented in 1999 to improve flushing of the Clam Bay system and the surrounding 570 acre mangrove preserve. A part of the management plan was to dredge portions of the flood tidal shoal and some of the interior waterways to improve the hydraulic efficiency of the inlet and increase the tidal prism, which is the volume of water exchanged through the inlet on each half tidal cycle. The improved tidal prism means more water goes in and out of Clam Pass on each tidal cycle, and this larger volume of water generates stronger currents in the inlet. Those stronger tidal currents are capable of scouring sand from the channel to help keep the inlet open and maintain the flushing improvements. Since the 1999 dredging, as shown in the annual Clam Pass Restoration and Management Plan Reports #1 through #9, implementation of the dredging element of the Clam Bay Restoration and Management Plan has significantly improved tidal exchange throughout the bay system. The maintenance dredging of the flood shoals in January 2002 was shown to be beneficial in maintaining the improved tidal flushing. In order to maintain the improved tidal exchange, based in part on the results of the tidal monitoring, the 2006 monitoring report recommended dredging of the entrance of the pass, and a portion of the flood shoal. That dredging was completed during the winter of 2007. The County has submitted an application to dredge the pass in the near future. The limits of the currently proposed dredging are the same as the limits dredged for the 2007 maintenance. The proposed placement of the dredged material, however differs from the 2007 project in two ways. The County is seeking to place fill on both the north and south side of the inlet, including infilling of the meandering channel entrance on the north side of the entrance dredge cut. 1 1612 A17 1a. Recent Significant Changes The previous annual monitoring report indicated that there was evidence of shoaling that was restricting flow at the inlet, however, not to the extent that was used to justify each of the two previous maintenance dredging efforts. However, the most recent tide data indicates that recent storm events have resulted in the most severe restriction to tidal flow that has occurred since implementation of the Restoration and Management Plan in 1999. Over the past year the Clam Pass System has been affected by two tropical systems, Tropical Storm Debby in late June and Tropical System Isaac in late August. These two systems sent large waves to the coastline and caused significant beach erosion, caused shoals to shift including formation of the spit at the entrance of Clam Pass which migrated north, and possibly caused an influx of sand to the interior shoals. It is the accumulation of sand in the interior shoals that causes shoaling that the inlet tides are unable to scour from the channel, and this therefore is the accumulation that makes dredging necessary. After the passing of these two systems, the data reflected a decline in tidal flushing within the Clam Pass system, indicating a strong possibility that sand did accumulate in the shoals along the interior portions of the channel. This decline in flushing indicates that there is extensive shoaling that is restricting flow between the Gulf of Mexico and the interior waterways of Clam Pass. The extent and location of the flow restriction would dictate the necessity to dredge. A small restriction located near the entrance to the inlet could cause temporary reduction in flushing, but overall the system could naturally recover through self scouring, which would restore adequate flushing. This has happened in the past. If the restriction is more extensive and extends far into the interior flood shoals, it would likely require a dredging to restore the flushing,which seems to be representative of the current condition. Although a hydrographic survey is required to determine the exact location and extents of the shoaling, the degree of restriction to flow demonstrated through analysis of the tide data indicates it is quite likely that dredging is necessary. Furthermore, it has been 5 years since the previous dredging which is consistent with previous maintenance intervals of 4 to 5 years. The maintenance dredging interval, however, remains very much dependent on weather events that occur between maintenance dredging events. This is why it is always recommended that the tide data presented in this report be considered in conjunction with hydrographic data in evaluating the need for maintenance dredging. 2. Background Prior to the commencement of the March 1999 dredging, water level recording gages were installed at selected locations within the Clam Bay estuarine system and Gulf of Mexico to measure tidal ranges. Tides along the southwest Florida coast are mixed, meaning that they exhibit either diurnal (one tide per day) or semidiurnal (two tides per day) characteristics at different times during each month, primarily dependant on the phase of the lunar cycle. There are seasonal variations as well. Pre-construction tidal data were collected for a full month to obtain average values representative of the general tidal characteristics for Clam Bay, and to establish baseline conditions against which post construction monitoring data could be measured to quantify improvements to tidal flow. The 2 1612417 locations of the gages are illustrated in Figure 11. This tidal monitoring program has been implemented through a cooperative effort with tidal data collection by PBSD, and data analysis and report preparation provided by H&M. Considering the mixed tide characteristics of this area is important for the tidal data analysis, because during the neap tide part of the month when tidal currents are not particularly strong, the inlet may take on wave dominant characteristics and appear to be shoaling near the entrance, particularly if the neap tide coincides with high wave energy events. During the ensuing spring tide roughly two weeks later, however, tidal currents are considerably stronger and may efficiently scour out shoals that formed during the neap tide interval. Short term channel shoaling and scouring that occurs in this manner causes short term variations in phase lag and tidal range data. This process therefore explains much of what appears as scatter in the phase lag and tide range data. However, when shoals are scoured out of the inlet channel, some of that sand is deposited on the ebb shoal restoring it to the littoral system which is the sand supply for adjacent beaches; however, some of that sand becomes redistributed as net accumulation onto the broader interior flood shoals. It is this net accumulation on the flood shoals over a period of years that eventually leads to the need for maintenance dredging. The purpose of the monitoring program is to evaluate inlet characteristics on a comprehensive long term basis, with less emphasis on day to day, week to week changes, or even month to month and seasonal changes. Because of the dynamics of this system, the findings of this report provide a reliable evaluation of project performance which, at times, may not seem consistent with visual observation of inlet conditions over relatively short time intervals, particularly conditions that may be observed during or immediately after a storm. Although the short term dynamics of the system may explain data variability or scatter, this is most effectively verified when coincident bathymetric data is available to quantify short term shoal and scour patterns. However, with the exception of several surveys that were conducted to evaluate post storm conditions during years immediately following the 1999 dredging, bathymetric surveys are typically conducted on an annual basis whereas the tide data has been collected over intervals of several months,with as many as six data sets in a year. This provides only limited opportunities to verify short term changes in tidal data with bathymetric data that may be used to document short term shoaling patterns. The accuracy of the data has therefore been carefully considered with each monitoring event, particularly on occasions where data variability appeared to be beyond what might be considered normal and reasonable for this dynamic system, and quality control over the thirteen years of this monitoring program has included periodic recalibration of gages by the manufacturer when data scatter appeared to be inconsistent with reasonable ranges of variability. These fluctuations might also be better explained by more comprehensive data collection. This is why it has previously been recommended that redundancy be introduced into the tide gage data collection program. Deploying two gages at each location would also allow for verification of data, to provide confirmation that each gage was working properly during the data collection interval. This would reduce the potential, for example, of bio-fouling resulting in compromised data, which has been known to occur when bio-fouling of gage sensors has apparently contributed to inaccurate The tide gage located at the north end of Outer Clam Bay is located on the boardwalk between the Waldorf Astoria Hotel and Clam Pass Beach Park.This was referred to as the Registry gage in previous reports, and that convention is maintained in this report for consistency. 3 i62 cy :,‘, UPPER o0-.•1 0.E 1 d.±: ,•r"' ,>`,,,,�` " v „ ...1.. .'''''' ,„ ,,,t,...„0„0, „,. .. 1 -N';4 UPPER CLAM :, J • CLAM A BAY TIDE ys3►� �a►4� BAY GAGE r xw , 45 % 4 .4 ,,'ri ~,Y T. t'.;,. 4` .4'4 tea, ,rj SCALE 1' = 120 t NORTH BEACH , '', '. FACILITY BOARDWALK* -r ' TIDE GAGE AERIAL PHOTOGRAPH`VAS TAKEN IN #i i ;h.r ash .”' a'� +I an DECEMBER 20i0 AND IS PROPER IY0 R-36 I ,4 o '' '' .* ,;,s COLLIER COUNTY APPRAISERS OFF i o .r�kI4 . ,t° , � . .'� eta+ ^ GULF INNER `�''� /'fit OF CLAM / ' ti ' a ,� MEXICO BAY ,, 1c''i t ` . .. çit - . 4.' K ,r �1C f ' ' , ' °, „4, ,._,,,-ifit ' - ,1.,,,4.41/4 4, k 4 SOUTH BEACH .�' ` t'. -FACILITY BOARDWALK, —40 TIDE GAGE ;} t: \ , '00-, Art, \ A.* . ., s v R-41 f :,., .,q- ... '6F g ''Ct� emu.- A.we. �-,. =e. �C: ' - .• dy e NOT ES: ;: .1.4'ii 1S,• . ..r A 1. THE TIDE GAGE LOC I DA?THE NORTH END ; ,n et REGISTRY ` � ` OF OUTER R CLAM BAY 15 LOCA'I ED ON I P-i l r BOARDWALKEElAJEEN THE LJALDORF R 2 --,4BOARDWALK ASIORIA HOT LL AN“CLAM PA,S BFA,,H TIDE GAGE a PARK.THIS WAS REFERRED TO AS TI}c 1011‘414"4:-.6' `" ss REGISTRY GAGE IN PREVIOUS REPORTS AN E �t'l . ; I HA CONVE=NTION IS MAIN IAINED it '-' f A+ ' `�� ` REPORT FOR CONSISTENCY 1 1 IVA b A; 2 AERIAI. PHOTOGRAPH WAS TAKEN � R-43 L. (1 1l -E �; ` DECEMBER R 2010 AND I S PROPERTY L '" ` "" HUMISTON CLAM PASS 5679 STRAND COURT &MOORE TIDE GAGE LOCATIONS ENGINEERS FOR: PBSD FAX (239)) 94-2 FAX: (239) 594-2025 -�� ^. .4,COASTAL DATE: 11/16/12 FILE: SITEPLAN SCALE: 1"=1200' PHONE: (239) 594-2021 ENGINEERING DESIGN WWw.hu usfoli Cl fl Cl(►100re.COfl'1 A .= w wo rEnMlrriNG JOB:13078 DATUM: NONE FIGURE: 1 4 1612 Al ? pressure readings. Collecting redundant data is the practice of the National Oceanic and Atmospheric Administration (NOAA), which has installed two tide gages at the NOAA tide station on the Naples Pier. 3.Tide Phase Lag One of the parameters monitored during the tidal study is tidal phase lag. This is the time difference between the high or low tide in the Gulf of Mexico and the corresponding high or low tide in the bay. The magnitude of this phase lag is an important indicator of inlet dynamics, because shoaling in an inlet that obstructs tidal flow will cause the phase lag to increase. Figures 2 and 3 show a comparison of the tidal phase lag at high and low tide at three tide gage locations within the bay system. The figures show a comparison of tidal phase lags for the following; • 1998 Preconstruction Dredging Improvement' • 1999 Post Construction Dredging Improvement' • 03-16-2012 to 04-16-2012 Recent Monitoring Interval2 • 04-18-2012 to 05-24-2012 Recent Monitoring Interval2 • 06-07-2012 to 07-12-2012 Recent Monitoring Interval • 07-18-2012 to 08-31-2012 Recent Monitoring Interval • 09-05-2012 to 10-03-2012 Recent Monitoring Interval • 10-09-2012 to 11-01-2012 Recent Monitoring Interval Notes: 1) For the purpose of evaluating project performance, only the pre and post construction data from the original 1999 dredging are included for comparison to the most recently collected data. All of the tide data collected during the life of this project can be referenced through Clam Pass Restoration and Management Plan Bathymetric Monitoring Reports#1 thru#11. 2) The Registry and South tide gage pressure sensors malfunctioned during the 3- 16-2012 to 4-16-2011 and 4-18-2012 to 5-24-2012 data collection intervals, thus no tide data are available from this tide gage location for this time data collection interval. Although for almost the entire monitoring period since the 1999 dredging, the phase lag has remained below the pre-improvement levels, Figure 2 indicates this has changed during the two most recent monitoring intervals. The low tide phase lag levels had an upward progression, similar to other post dredging monitoring, however, after until the passing of tropical system Isaac at which time the average phase lag times spiked and were at levels that actually exceeded the phase lag prior to the initial dredging improvements in 1999. This spike is mostly likely from the pass having a severe restriction within the channel system. Also unlike what has been seen in previous monitoring, the average phase lag has not corrected itself. This also suggests a more severe shoaling problem that will probably require dredging. The low tide phase lag has exceeded the 1998 pre-dredging conditions and indicates that the filling and draining of the bay occurs at a slower rate than before dredging due to high resistance to flow in the channel due to shoaling. 5 I 16 I L...' A 17 .... „,:;-‘,„3„..,„.•... ..,,,,,„0::;;,........, N r-1 ,Ni ri i O N r1 0 In t - Z .- +-+N Ne-1 .. N �.,., a. 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I 7 16 1 2 X17 Figure 3 It should be noted that the high tide phase lag tends to be a little less sensitive to minor amounts of shoaling in comparison to the low tide phase lag, simply because the flow cross section is larger at high tide, and a restriction evident at low tide may not be evident at high tide. However, the recent data shows a similar increase in the high tide phase lag. While this illustrates the importance of evaluating both the low tide and high tide phase lags, the recent data also reinforces the conclusion that it is quite likely that there is an urgent need for dredging. Figures 4 &5 show the phase lag annual averages since the last dredging event that took place in 2007. Averaging the individual data sets for each monitoring year reduces the scatter in the data and helps identify trends. Both of these figures show a general trend of increasing phase lag after dredging. This is to be expected as it is understood that sand will accumulate in the system. Since the rate of accumulation is highly dependent on weather events, this is why collecting tide data at frequent intervals, and hydrographic data annually at a minimum, is important. Post storm hydrographic surveys would also provide valuable information if storm characteristics resulted in extensive shoaling, especially shoaling at the interior channel. It is therefore expected that overall phase lag will show a trend of increasing, indicating gradual decrease in the efficiency of flushing. This is what is expected between maintenance dredging events, and by itself is not cause for concern. It is the magnitude and duration of increases in phase lag that are markers that may indicate the need for maintenance dredging. It is important to consider the high tide phase lag and tide range data, as discussed below, along with the hydrographic monitoring to optimize the scheduling of maintenance dredging. 4.Tide Range As with the tide phase lag, the tide range data can be used in the determination of when maintenance dredging may be needed. A decrease in the tide range in the bays is an indication that flow through the inlet is being obstructed by shoaling. The data presented in Figure 6 compares the tide range in Clam Pass to the Gulf of Mexico tide range, and generally show that during the most recent data intervals the tide range appears to be declining since the post 1999 dredging tide range. This is what should be expected because of the ongoing gradual accumulation of material in the flood shoal. The data also suggest that the tidal range data, as discussed above for the phase lag data, can be variable over short data intervals. In general, periods of higher tides, during the spring phase of the tidal cycle, will themselves produce greater bay tide ranges; however, they also result in strong tidal currents which typically scour shoals from the inlet. The system responds to this scour action with longer intermediate increases in the tidal range. This shows, as illustrated in Figure 6, that the 1999 dredging and maintenance enhanced the ability of the inlet to scour sand from the channel in this manner. The data from the North and Upper gages show a decrease in tide range, which may be an indication that more shoaling is occurring in the meandering interior channels that connect those bays to the inlet channel. However, the phase lag data do not consistently show similar effects. Inner and Upper Clam Bays are more remote from the inlet and water must flow through long and narrow meandering channels to reach those water bodies, and consequently they may be more influenced by wind driven currents in comparison to Clam Bay and Outer Clam Bay which are more directly connected to the 8 .. 1612 A 17 ._ ._ _. .„, O 0 Z co cu o > I— a Z to 2 N r O (./1 2 QCl- `;` B 0/ LL u 0 0 J l £ 4 t. k m, b.tea .4s i Cla ■ cU ) I d 00 b0 m c0 Q01 1) N e--1 Q a 0 3 4 a) 40 y 00 O N 0 o O r-I O O O o 0 0 0 O O i N N N L M O i i.-I O O N N N n CO CO cO sJnoH 00 " " " °+ > > > a a a • 7 ® 3 L612 At 7 ,,,, , .;:„,..„..„:„....,:... .,...s...;....„..„..„...„,...„...,,, ,,, .. .. , ‘,., ,„: „._,..„ . , . . , t „. -; z I In 0 Z E Vco CU cN V) O 3 o U) N ;100C 5: o a a it a a)"0 2 J t V .o I 1 L GJ OD IIIIIIIIIII I .17.0 2 Q cc 0 0 0 (V N in 0 a! a) et. 40 OP CO (Ci CT e-I Q Q a, on v o 2 `,=-1 0 0 0 0 0 0 0 0 0 0 0 0 v v v a' 00 00 0 °o On as fna as M N ,Li o co L L L C71 OJ CU CD, Q' a' Q' SJnoH ■ 7 ® 7 ry Ail _ 1 - 00 '..„ C (0 0, "C 0) 0) 00 C ,.: . t . c, w a) c C c i to Ni a-1 ): o a-I ,—I d Li-) 00 Crt a--I cr N a-1 _ a) 00 ( y = Lu a) a) a) 0) 00 / ' 00 00 . c C ( Z xir V) 0 N O W Z i°1-, N N N a--I c-I a--I - Q a--I M l0 Ol 0 I- D 0 `- ° ". 0 9 :CI CI co 'i_,- : V i CD Q 0 a) CO °' En .— Li. CD J k" V ,'„,,,�� ZT-17Z-S of ZT-BT-b . papoJ elep api1 ON 0 'T-9T-17 of ZT-91-E P:1Dapoo elep api;ON ICLic - I LL J I a' f 0 O 0 O O Ln N N 1 a1 O O (1:)aSuea Op!! 161 2A17 inlet. Atmospheric conditions could easily cause what might appear to be inconsistencies between phase lag and tide range data, particularly for the bay areas farthest from the inlet. The degree to which shoaling may have occurred in the interior channels affecting Inner and Upper Clam Bays can be verified through bathymetric monitoring. However, previous monitoring has shown the shoaling rates in those interior channels to be low in comparison to the inlet channel, and the inner channels may therefore be surveyed on a less frequent basis to reduce survey costs, since change has already been documented to occur relatively slowly in comparison to the more dynamic areas close to the inlet entrance. The data from the North and Upper gages, give a relatively constant tide range from March to August followed by a decrease in tide range in September and October This is consistent with the phase lag data, which indicates shoaling is occurring. However, the most recent data collection interval, 6-12-12 to 11-01-12, showed a significant decrease in tide range. Again, the degree to which shoaling may have occurred in the interior channels is also verified through bathymetric monitoring at four year intervals. Tide data were not collected in Upper Clam Bay prior to the 1999 dredging, so the change in tide range from the pre-dredging conditions for this area cannot be quantified. If it is determined that flushing of Upper Clam Bay needs further improvement, based on the health of the mangrove community or other environmental data, that could be achieved by straightening selected meandering sections of the interior waterways which connect Clam Bay with Inner Clam Bay and Upper Clam Bay, as discussed further in Section 5 below. Figure 7 is a presentation of the tide range data that averages all the data within each calendar year since the 2007 dredging. This longer term averaging smoothes the data scatter that is evident in Figure 6, and illustrates that the tide ranges in the bays remain significantly above the pre-1999 dredging, and are similar to the post-1999 dredging. This demonstrates that the 1999 restoration and management plan design is still working. However, the 2012 average values for the tide ranges in the bays are skewed to a higher value due to the fact that 75% of the data was collected prior to the storm events this past summer which have reduced the tidal flow in and out of the inlet. 5. Conclusions and Recommendations The most recent tidal data indicate tidal flushing of Clam Bay is actually not as good as it was prior to the initial dredging in 1999. Figure 8 shows a comparison between recently measured low tide phase lag to the low tide phase lag preceding the 2002 and 2007 dredging events. This shows that the low tide phase lag exceeded what it was prior to the 2002 maintenance dredging at all stations. Overall, this indicates that the system is not flushing as well as it was prior to each of the two previous maintenance dredging events, indicating that maintenance dredging may be necessary to maintain efficient flushing. However, it is always recommended that the hydrographic survey data be evaluated as part of the process to determine when to schedule maintenance dredging. This data can also be used to estimate the quantities of material that need to be dredged from each station along the channel. From an inlet flushing standpoint, inlet closure has not been a concern since the 1999 dredging. However, due to significant storm events in the last several months, flow 12 6 I L A 17 w 000Z lIlNn OA c 319`d1IVAV n S3DVD 3411 c co a, v OA a v v v ob) a, a, v 9 (0 CI) (0 (0 m d, v ar a, a, a, a` n°_ Q 00 Q Q Q Q H oO1 a al ,, o ° 0 0 0 z W • 0 ® ] N 3 Z ct Cr W I Q 8 ZO = 0 >t3)m Z 2 z c Q ' V o } I- N w J O� O LPI O OUI O O O (1d) 39NVH 3a11 ammi i 17 1612 • ... ___. el el a > o > N0 N ......_ _...__-_..�....--..--- .w,.. s�,. , .- -a el "a aJ "O "a _ J a) c v .0....... , . 2. .. -. c d d 1 .. f:. 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Sand from the maintenance dredging has in the past been used to re-nourish the beach at Clam Pass County Park to the south, as well as the Pelican Bay beach to the north, and beach conditions as well as bathymetric data have been considered in scheduling the two previous maintenance dredging projects. However, the most recent tide data indicate that dredging is probably needed to maintain the inlet regardless of the sand needs for beach renourishment. The tidal studies should therefore be continued as an integral part of the annual monitoring because they provide an excellent indication of when shoaling of the inlet and other channels has occurred to the extent that tidal circulation in the bay system has been adversely affected. Inconsistencies in tidal data have previously been treated as random scatter in the data when there is no coincident bathymetric data available to quantify short term changes in channel shoaling patterns because this scatter has for the most part been relatively small in comparison to the overall ranges in the various tidal criteria. However, the scatter makes it difficult to identify small changes that would occur in response to the gradual shoaling in the inlet and the interior channels. Additionally, over the fourteen years of monitoring since 1998, tide gage failures have occasionally left gaps in the data which preclude making comparisons between other gages and different periods of time. It has therefore been recommended that the tidal data collection program be expanded to include redundant data collection with duplicate gages at each tide station to reduce potential for gaps in the data resulting from gage malfunction. The additional gages also provide a means to verify data accuracy, in the event of bio-fouling of gage sensors, which has at times been a problem in the past. Although limited dredging in portions of the existing meandering channels between the four bays appears to have contributed to improving the flushing of Inner and Upper Clam Bay, tidal exchange remains relatively low at the north end of the system. If biological studies or water quality monitoring indicate further enhancement to flushing of the remote northern portion of the bay system is necessary, that may be accomplished by increasing the tidal prism through selectively improving sections of the meandering interior channels which connect the bays. This approach would necessitate removing small areas of existing mangroves. This would mean either deepening or straightening selected sections of channel, or a combination of the two. Although this might be perceived as a negative impact to the mangrove community in the immediate vicinity of the dredge cuts, this alternative could include restoration of mangroves within bypassed channel meanders. However, other implications of this action should be considered as well. Leaving the bypassed meanders as parallel channels would aid flushing; it may result in a beneficial increase in diversity of habitat as a branching channel system would leave sections of quieter deep water channel in addition to the higher flow velocity achieved in a shorter main channel. It would result in a net increase in total length of mangrove fringed channel shoreline. These considerations should be evaluated in objectively determining if this alternative would provide a net environmental benefit to the broader goal of managing the ecology of the bay system. 6. Channel Entrance Width. There has been much discussion about the optimum width of the entrance channel cut across the beach. It should be understood that there is a maximum width that can be supported by the tidal flow of the bay system. That tidal flow is 15 6 1 2 A17 o determined by the size of the bay. The size of the bay is in fact much larger at high tide than it is at low tide. This, and other variables such as the diurnal and semidiurnal tidal periods of the lunar cycle, and exactly where along the channel the equilibrium section occurs (in fact it moves), make determination of a precise width easier said than done. The success of previous dredging without impact to adjacent shorelines, as well as the apparent equilibrium cross section from previous monitoring between dredging events, are the best way to evaluate an appropriate width of cut. It should also be understood that cutting the entrance slightly larger than the equilibrium width is better than cutting it too small. If the cut is too small, tidal currents will scour it to a larger section, and some of that sand that is scoured from the entrance will be carried into the inner shoals on flood tide, hastening the need for the next dredging event. It is probably appropriate to continue dredging the cut to the same width that has been dredged in the past, as long as monitoring shows it does not impact adjacent beaches. Dredging the cut too wide will result in slow tidal currents because they are limited by the size of the bay. Slow tidal currents promote shoaling, and the shoaling will occur by the trapping of sand from the beach, potentially causing beach erosion. Slower tidal currents can also result in collapse of the ebb shoal onshore creating more restriction to flow, yet also potentially increasing sand supply to adjacent beaches. 7. Recommendations for Ongoing Monitoring. The dredging plan for Clam Pass was designed to improve flushing while minimizing the impact dredging might have on adjacent beaches. Dredging impacts to adjacent beaches typically occur at inlets with navigation maintenance dredging projects that interrupt natural littoral bypass of the inlet by cutting a navigation channel across the ebb shoal. Dredging of the ebb shoal at Clam Pass has always been minimized for this reason. Any proposed increase in the scope of dredging at Clam Pass should include a comprehensive monitoring plan to continue to evaluate effects on adjacent beaches. Tidal monitoring should continue as it has been demonstrated to provide an excellent indicator as to when tidal circulation is affected by inlet shoaling, and when maintenance dredging should be considered to maintain flushing of the Clam Bay system. The tidal data should continue to be used in conjunction with the bathymetric data in evaluating the need for dredging. Lastly, as discussed herein, the tide data shows how the dynamic system adjusts to varying weather and tide conditions. It is not recommended that a specific threshold value for the tidal data or cross sectional area be chosen to trigger dredging as a comprehensive evaluation of both data should be considered in making that determination. 8. References 1.) Humiston and Moore Engineers, Clam Pass Restoration and Management Plan Bathymetric Monitoring Reports 1 through 10, 2000—2009. 2.) Pelican Bay Services Division, Tide Data, 1998—2012. 3.) Florida Department of Environmental Protection Joint Coastal Permit No. 0128463- 001-JC. 4.) 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Original Message From: Tim Hall [mailto:Tim @turrell-associates.com] Sent:Thursday, December 06,2012 11:39 AM To: ResnickLisa Subject: RE: STORET/Clam Bay WBID According to the DEP folks, The official change date would be the same as the IWR and WIBD runs which in this case would be 09/30/2011. All past data collection associated with collection points within the WIBD should now be associated with the new boundary. Regards, Tim Hall Turrell, Hall &Associates, Inc. Marine &Environmental Consulting 3584 Exchange Ave. Naples,FL. 34104-3732 Phone: (239)643-0166 Fax: (239)643-6632 Web: www.turrell-associates.com Original Message From: Tim Hall [mailto:Tim @turrell-associates.com] Sent: Thursday, December 06,2012 10:51 AM To: ResnickLisa Subject: RE: STORET/Clam Bay WBID Hey Lisa, We confirmed that Clam Bay was separated from Moorings Bay and given its own WBID number in 2011. All data from that point is under that ID number. What I have not been able to confirm yet is if all data collected prior to the separation date is being split into the appropriate WBIDs. Regards, Tim Hall Turrell,Hall &Associates, Inc. Marine&Environmental Consulting 3584 Exchange Ave. Naples, FL. 34104-3732 Phone: (239)643-0166 Fax: (239)643-6632 Web:www.turrell-associates.com THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,CONFIDENTIAL,WORK PRODUCT AND;'OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT(OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT),YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE NOTIFY US BY TELEPHONING US(COLLECT)AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE AT OUR EXPENSE. 161 2 Al ? ORDINANCE NO. 2013 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-27, AS AMENDED, WHICH CREATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT, BY AMENDING SECTION FOUR, PURPOSE; POWERS; SECTION SEVEN, CREATION OF THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE KNOWN AS THE PELICAN BAY SERVICES DIVISION BOARD; SECTION EIGHT, COMPOSITION, NOMINATION AND APPOINTMENT; AND SECTION ELEVEN, OFFICERS; QUORUM; RULES OF PROCEDURE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 28, 2002, the Board of County Commissioners (Board), adopted Ordinance No. 2002-27, which superseded, repealed, and consolidated prior ordinances relating to the Pelican Bay Municipal Service Taxing and Benefit Unit("Unit"); and WHEREAS, the Board subsequently amended Ordinance No. 2002-27 by adopting Ordinance No. 2006-05 and Ordinance No. 2009-05; and WHEREAS, the Board desires to further amend Ordinance No. 2002-27, as amended, in order to clarify that 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; to add a non-voting member recommended by the Pelican Bay Foundation; and to create a system of rotating officers for the Unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2002-27, AS AMENDED. Section Four is hereby amended 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 Words Underlined are added;Words Struck Through are deleted. Page 1 of 4 161 ' 2 A17 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 TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2002-27,AS AMENDED. Section Seven is hereby amended as follows: SECTION SEVEN: Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee Known as the Pelican Bay Services Division Board. Concurrent with the passage of the Ordinance, an 11 member advisory committee to be known as the Pelican Bay Services Division Board (PBSD Board) is hereby created. Those individuals who are members of the PBSD Board pursuant to Collier County Ordinance No. 90- 111, as amended, as of the moment prior to the effective date of this Ordinance, shall continue on as members of the PBSD Board until March 31st of the year in which their term would have expired as set forth in the prior ordinances, and shall continue to hold over and serve in that capacity until their position is filled as provided for in this Ordinance. In addition, there shall be 1 non-voting member nominated by the Pelican Bay Foundation in the manner set forth below. This non-voting member shall not be subject to the voting requirements set forth below. SECTION THREE: AMENDMENT TO SECTION EIGHT OF ORDINANCE NO. 2002-27,AS AMENDED. Section Eight is hereby amended as follows: SECTION EIGHT: Composition, nomination and appointment. A) The PBSD Board shall be representative of the residential, business and commercial interests and landowners in Pelican Bay. To that end, nine of the PBSD Board members shall be representative of the residential interests within the Unit and two of the PBSD Board members shall be representative of the commercial and business interests within the Unit. The non-voting member shall be recommended for appointment by the Pelican Bay Foundation. The non-voting member should be an individual who is not related to and who is independent of the other Board members and County employees, with no apparent conflict of interest or appearance of impropriety. Members of the PBSD Board shall be appointed by and serve at the pleasure of the Board of County Commissioners pursuant to the procedure outlined herein. The nine (9) PBSD Board members representative of the residential interests within the Unit, and the non-voting member recommended for appointment by the Pelican Bay Foundation, shall be residents of and qualified Words Underlined are added;Words Struck Through are deleted. Page 2 of 4 1612 A17 electors within the Unit. The two PBSD Board members representative of the commercial/business/other interests shall be residents of and qualified electors in Collier County. ********** SECTION FOUR: AMENDMENT TO SECTION ELEVEN OF ORDINANCE NO. 2002-27,AS AMENDED. Section Eleven is hereby amended as follows: SECTION ELEVEN: Officers; quorum; rules of procedure. A) At its earliest opportunity, the membership of the PBSD Board shall elect a chairman and vice chairs from among the members. Officers'terms shall be for one year,with no eligibility for re-election. Officer's terms are to be on a rotating basis, with no member allowed a second term for the same office unless all members have previously served in that position. This provision shall be retroactive for one year prior to the adoption of this ordinance, and shall apply to all current officers and members. ********** SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SEVEN: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Words Underlined are added;Words Struck Through are deleted. Page 3 of 4 1612 A 17 • PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County,Florida, this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk , CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Words Underlined are added;Words Struck Through are deleted. Page 4 of 4 16 1 '? A l ? Original Message From: lustigl @embargmail.com [mailto:Iustigl @embarqmail.com] Sent: Monday, December 10,2012 11:36 AM To: naplessusan @comcast.net; Cravens,Tom Cc: Resnick Lisa(PBSD) Subject: Today's Clam Bay meeting Susan and Tom, I am eagering looking forward to your meeting today. I notice Tim Hall's report on Clam Bay estuary system. Assuming that he will be present today, I'd like to hear his opinion on what impact the "choked" Pass is having on the health of the fish population in the bays/estuary. Could you ask him to speak to that topic once he has finished his presentation on the report?My husband, like so many other Pelican Bay and Seagate residents, is an avid fisherman. The fishermen have already noted a tremendous difference in the types and numbers of fish right off shore by the pass, probably due to the significantly lowered water movement currents. Can Tim address the impact within the Bays,even if just a well- informed "speculation?" Until the choking of the pass,there was some superb fishing within the estuary. (Sh-h-h. Fishermen don't freely share the locations of their favorite fishing holes.) We've "heard"that the water is stinking, and there are no fish,which means the bird population has drastically dropped off in the far back reaches of the estuary. Sincerely, Diane Lustig 1612A17 - Marshall, Lisa (Bill Nelson) Subject: FW: Marcia Cravens (UNCLASSIFIED) Attachments: Cravens, Marica.pdf; FACT SHEET SAJ 1996-2789-Clam-Pass-Oct-13-2011.doc Original Message From: acoe Sent: Thursday, October 13, 2011 11:30 AM To: Marshall, Lisa (Bill Nelson) Cc: Sanchez, David (Bill Nelson) Subject: FW: Marcia Cravens (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Lisa, Tile referenced project is for a maintenance dredging application for Clam Pass/Ciarn Bay. Besides possible perceived impacts to mangroves in Clam Bay,the residents of Pelican Bay claim to own the bottom of the bay and would like to restrict motorized boat access to Clam Bay. The County is at least partially interested in dredging to improve boat access to a community to the south known as Sea Gate. The original Corps permit was issued for dredging to improve the flushing in Clam Bay and improve the health of the mangroves in the bay. The proposed dredging is the same footprint. We see no impacts to seagrasses or other aquatic resources. Project changes to a slightly revised disposal area required the Corps to issue two public notices for this project. We are aware of the concerns raised by Ms. Cravens and others and the file reflects their comments. Our process is initially to address the concerns via phone call and then address them in writing in our decision document when a permit is issued or denied. The Corps Project Manager, Linda Elligot, has spent numerous hours on the phone with Ms. Cravens explaining the project. The current status is that the project has been withdrawn at the request of the applicant, Collier County. Citizens requesting a public hearing will be notified in writing on our decision to hold or not hold a public hearing. At this point, the Corps doesn't see a need to hold a public hearing. The attached Fact Sheet contains more detailed information on the project. Thanks. Jacksonville District U.S. Army Corps of Engineers Office: (904) 232-2243 1612 Al ? CESAJ-RD 13 October 2011 FL - 14 FACT SHEET Clam Pass Maintenance Dredging (SAJ-1996-02789) Regulatory Basic Project Purpose: Ecological restoration. Overall Project Purpose : To conduct periodic maintenance dredging (10-year permit) and concurrent beach renourishment activities within Clam Pass/Clam Bay estuary near Naples, Florida to aid with tidal flushing/water quality and to restore/enhance/maintain estuarine/aquatic resources . Applicant : Collier County - Coastal Zone Management W. Harmon Turner Bldg, Suite 103 3301 East Tamiami Trail Naples, FL 34112 Authority: Pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act . Waterway Location/Dredge Materials Disposal Plan: Project is located along 1, 800 linear feet of Clam Bay/Clam Pass and the coastal shoreline (between Florida Range Monuments R-42+180 and R-44+100) near southern project limit at Clam Pass County Park and (between Florida Range Monuments R-39+733 and R-41+00) near northern project limit near the Pelican Bay residential development, near Seagate Drive and Crayton Road, in Sections 8/9, Township 49S, Range 25E, Naples, Collier County, Florida. Site Coordinates (NAD83) (Clam Pass) : Latitude 26 . 219912 Longitude -81 . 817980 PROPOSED WORK: The applicant has proposed maintenance dredging along 1, 800 linear feet (within 2 . 83 acres) of Clam Pass in concert with an historic (2007) dredge template using hydraulic and mechanical dredging techniques to achieve a previously- permitted target dredge depth of -5 . 6' to -7 . 1' NAVD88 (-4 . 0' to -5 . 5 ' NGVD29) . There are no proposed impacts to mangroves, wetlands or submerged aquatic vegetation. The work involves removal of -22 , 000 cubic yards of beach-compatible sand from Clam Pass between stations 0+00 to 18+00 to aid with tidal flushing/water quality and to restore/enhance/maintain estuarine/aquatic resources . The work also involves discharge of 6, 200 cubic yards of clean fill (dredged beach-compatible 1b1 ' A17 materials) to 16, 291 square-feet/0 . 37 acre of open water channel for shoreline stabilization on the north side of Clam Pass; additional re-deployment via trucking of beach-compatible sand is proposed at 2 areas : a) volume-as-needed along 1, 928 linear feet of shoreline at the Clam Pass County Park (as initially proposed) ; b) volume-as-needed along 1, 291 linear feet of shoreline near the Pelican Bay residential development (this added discharge element was proposed after the initial Public Notice was issued) . Duration of construction/event : 90 days . Past Actions : Initial application date : 12 June 2009 . Initial Public Notice: 23 April 2010 . Subsequently, multiple Requests for Additional Information (RAIs) and the file was withdrawn/re- activated. Complete : 12 May 2011 (with project revisions) . Public Notice re-issued: 13 May 2011 . Endangered Species Act (ESA) coordination history: consultation initially requested for nesting sea turtles on 1 June 2010 ; re-coordinated with U. S . Fish and Wildlife Service (USFWS) due to project revisions on 16 May 2011 . The Corps requested use of State Programmatic Biological Opinion (SPBO) for sand placement activities on 5 August 2011; to support use of the SPBO, Corps requested informal consultation for piping plover on 12 September 2011 . On 22 September 2011, agent requested that the project be withdrawn since they cannot proceed until a pending additional work order/ budget authorization by the applicant is approved. Next Actions : Reactivate file when complete RAI response is provided; continue ESA consultations (USFWS) ; process request (s) for public hearing (note : a public hearing would not likely result in provision of additional information relevant to rendering a permit decision; denial of request (s) for public hearing is pending) . Issues : Corps : Listed species concerns (nesting sea turtles : Green sea turtle; Loggerhead sea turtle; Piping plover) ; USFWS formal/ informal ESA consults are in process; State permit is pending. Public : Numerous adverse comments were filed by NGOs (Sierra Club, Mangrove Action Group and residents of the Pelican Bay residential community) to express opposition to the dredging aspects of this project; no opposition to the sand placement activities component have been filed. Note : complex political history exists among the residential communities in this area. Final action: Pending. 161417 0 JAN p 2 2012 Si BY: ....................... PELICAN BAY SERVICES DIVISION Municipal Service Taxing and Benefit Unit NOTICE OF PUBLIC MEETING THURSDAY, DECEMBER 27, 2012 THE CLAM BAY SUBCOMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET THURSDAY, DECEMBER 27 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, 8960 HAMMOCK OAK DRIVE, NAPLES, FL 34108. Fiala D"� AGENDA Hiller ✓ Henning -cli' Coyle The agenda includes, but is not limited: •- 1. Roll call 2. Approval of December 10 Clam Bay Subcommittee minutes 3. Clam Bay transition 4. Clam Bay dredging permit Misc. Corres: 5. Updated Clam Bay management plan y1e�\ Date: 6. Audience comments 7. Adjourn Item#: Copies to: 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. VISIT US AT HTTP://PELICANBAYSERVICESDIVISION.NET. 12/20/2012 8:49:10 AM 1612 A17 CLAM BAY SUBCOMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD MEETING MINUTES MONDAY,DECEMBER 10,2012 LET IT BE REMEMBERED that the Clam Bay Subcommittee of the Pelican Bay Services Division Board met on Monday, December 10, 2012 at 3:00 PM at the Community Center at Pelican Bay, 8960 Hammock Oak Drive, Naples,Florida.The following members were present: Clam Bay Subcommittee Susan O'Brien,Chairman Tom Cravens Mike Levy Mary Anne Womble 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 Tim Hall Jim Hoppensteadt Kathy Worley AGENDA 1. Roll Call 2. Draft Clam Bay mangrove maintenance annual report 3. Draft Clam Bay tidal analysis annual report 4. FDEP Data for copper levels in Clam Bay 5. Proposed BCC Ordinance amendment discussion 6. Date and tops for next Subcommittee meeting 7. Audience Comments 8. Adjourn ROLL CALL All members were present. DRAFT CLAM BAY ANNUAL REPORTS Chairman O'Brien explained the draft Clam Bay mangrove maintenance and tidal analysis annual r° were included to review briefly;Mr.Tim Hall and Mr.Ken Humiston would present the full reports at . re Boar. meeting. Mr.Hall commented that historically when Clam Pass has closed,the water furthest from t ° .ecomes stagnant and increasing contaminants and algae growth.As oxygen levels decrease,fish a }' ife ms ° * unaffected locations. The longer the flow is constricted,the greater the chance for mang ° + . ly during the rainy season.Areas identified as stressed continue to be monitored on south + n° Clam Bay (Plots 3&4)and north of Clam Pass(Plot 7). An unintended consequence of **a redg'I*1..as an increase in the tidal range creating a lower,low tide,and exposed seagrasses.Becaus W : er level,seagrasses are growing in other areas.Mr.Hall and Ms.Kathy Worley agreed it ws • be i an? ostly to propagate seagrasses. 12 Clam Bay Subcommittee Meeting Minutes 161 2 A17 December 10, 2012 FDEP DATA FOR COPPER LEVELS IN CLAM BAY The Subcommittee briefly discussed Clam Bay copper data. PROPOSED BCC ORDINANCE AMENDMENT DISCUSSION The Subcommittee briefly discussed the proposed amendments to the Pelican Bay Services Division's Ordinance and a budget currently deficient of funds to carry out the additional Clam Bay responsibilities. CONSTRUCTING AN OSPREY NEST BOX Mr. Cravens made a motion, second by Mr. Levy to make a recommendation to the Board that in a cooperative effort with the Foundation, investigate constructing an osprey nest site adjacent to the South beach restaurant facility with a webcam. The Subcommittee voted unanimously in favor and the motion passed. AUDIENCE COMMENTS Ms.Marcia Cravens distributed correspondence regarding the Clam Bay dredging permit. ADJOURNMENT Mr.Cravens made a motion,second by Ms. Womble to adjourn. The Subcommittee voted unanimously in favor,passing the motion,and the meeting adjourned at 3:53 p.m. Susan O'Brien,Chairman Minutes by Lisa Resnick 12/19/2012 4:53:04 PM as tft 044,7'W- rAlex 13 • Dec.27,2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 3. Clam Bay transition comments by Dave Trecker Page 1 of 1 December 15,2012 1612 A 17 One-way communication with PBSD directors: Since I will be up north and unable to attend the December 27 meeting of the Clam Bay Subcommittee,I want to pass on the following thoughts. It is essential the PBSD move quickly to assume its assigned responsibility for managing all facets of the Pelican Bay Conservation Area,including Clam Bay.It is a responsibility assigned by the Board of County Commissioners.It is not an option.And at least some of us feel it is an important opportunity for the PBSD. I have been assured that county staff and the Pelican Bay Foundation will assist in the transfer of those responsibilities to the PBSD. Everyone appears to be on board. There are,by my count,four areas of management.Action will be needed,I believe,in three of the four areas. (1) Clam Pass dredging-how to handle the permitting and how to manage the dredging. Regarding permitting,there are two obvious possibilities:Withdraw and replace the active application or revise the active application.Changes to be considered are the permittee,which now should be the PBSD; width of cut at the mouth,which probably should be changed to"no more than 80 feet;"and triggers for dredging,which could be specified based on input from Tim Hall and Ken Humiston or left qualitative.Timely issuance of a permit to deal with the current shoaling is obviously important. Our agents could be Turrell Hall Associates and Humiston&Moore,the advantage being they know Clam Pass and are local,or Adkins,the advantage being it prepared the existing dredging permit application. (2) Water purity-transfer of data and ongoing sampling and monitoring. Things to be monitored include nutrient levels (dissolved nitrogen and phosphorus),dissolved oxygen, bacteria and copper. Transfer of all data from the county and the Foundation should be straightforward,as should assignments of future sampling by the PBSD. Adkins could be retained,reporting to the PBSD,for data analysis,or this could be assigned to Tim Hall and the local folks. (3) Hydrolytic measurements-tidal flow and bathymetry. Ken Humiston already does analysis of flow measurements for the PBSD.We should probably have him do bathymetry as well;he used to do that some years ago.I believe sampling for bathymetric data would have to be transferred from the county. (4) Mangrove maintenance Tim Hall already does a terrific job for the PBSD. The Seagate lawsuit is another matter,which should be addressed separately. I personally feel we should involve the Foundation in a constructive partnership,not only during this transition period but later in proactive management of the conservation area. I hope these comments are helpful.I have great confidence in Neil Dorrill and in Susan O'Brien and her committee. Good luck! Dave Trecker r December 27,2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 4. Clam Bay dredging permit USACE correspondence of 12/17/2012 Page 1 of 2 Original Message 161 24 17 From: Neil Dorrill [mailto:Neil @dmgfl.com] Sent: Tuesday, December 18, 2012 11:24 AM To: ResnickLisa Subject: FW: SAJ-1996-02789 Clam Pass project - application and management items - status note (UNCLASSIFIED) Original Message From: McAlpinGary [mailto:GaryMcAlpin(a,colliergov.net] Sent: Tuesday, December 18, 2012 9:30 AM To: OchsLeo; CasalanguidaNick; LorenzWilliam; Neil Dorrill;Neil Dorrill Subject: FW: SAJ-1996-02789 Clam Pass project - application and management items - status note (UNCLASSIFIED) FYI - Received this last night from Linda Elligot-USACE. Original Message From: Elligott, Linda A SAJ [mailto:Linda.A.ElligottAusace.army.mil] Sent: Monday, December 17, 2012 5:41 PM To: McAlpinGary Subject: SAJ-1996-02789 Clam Pass project - application and management items - status note (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Gary, I received an email from Georgia Hiller (as below) which indicated that this project will be revised. The email was also sent to USFWS/Howe and NMFS/Sramek. As a result, USFWS has informed the Corps that the ESA consultation has been suspended and the draft Biological Opinion that you have reviewed/provided comments for in concert with the ongoing Corps permit review will not be completed in the previously-stated timeframe. Due to pending project revisions, the need for revised plan sheets and uncertainty with respect to Collier County management for a long-term permit of this nature, the Corps intends to withdraw this project. A formal letter will be sent to you as the on-record point of contact for Collier County; a copy will be forwarded to Atkins/Tabar as the consultant of record. The file may be re-activated with provision of an updated application and a complete submittal. Note that the project, when re-activated, would be subject to review by NMFS-PRD for potential impacts to swimming sea turtles and the smalltooth sawfish;this type of consultation may take 10-12 months from the date of consultation package "completion", based on current turnaround times. If you have any questions,please do not hesitate to contact me. Thanks, Linda December 27,2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 4. Clam Bay dredging permit USAGE correspondence of 12/17/2012 Page 2 of 2 <START COPY> 1612 A17 Please be advised that the Collier Board of County Commissioners voted this week to transfer management of the Clam Bay System back to the County's Pelican Bay Services Division - Neil Dorrill, Administrator. The Board of County Commissioners took further action to direct a revision of the Clam Bay Management for dredging activities within Clam Pass, and that dredging permits be amended accordingly. Specific details of changes to this project will be provided to the Corps as soon as they are available. The dredging plan will be consistent with updates that will be made to the existing Clam Bay Management Plan. We believe the changes will remain within the scope of the current application. As such, please continue the ongoing coordination with the resource agencies. With thanks - Commissioner Georgia Hiller, Esq. Chair, Board of County Commissioners <END COPY> Linda A. Elligott Project Manager U.S. Army Corps of Engineers Fort Myers Regulatory Office 1520 Royal Palm Square Blvd., Suite 310 Fort Myers,FL 33919 Telephone: 239-334-1975 x 22 email: linda.a.elligottc usace.army.mil Classification: UNCLASSIFIED Caveats: NONE December 27,2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 5. Updated Clam Bay management plan comments by Kathy Worley Page 1 of 2 Al7 December 12, 2012 16 l 2 Re: Clam Bay Management Plan Dear Pelican Bay MSTBU Board Members: I am writing in response to the responsibility given to you by the County Commission and the December 11th Commissioner's meeting to develop and implement a management and monitoring plan for Clam Bay. The idea to manage Clam Pass and the Bays as a whole is something that I have advocated for since the early 90's, There is a need for a comprehensive plan to protect the estuary, which consists of environmental resources that are found in the Pass, Bays, Tributaries and the landward habitats including the mangrove forests, scrub and dunes. Given that the Pass is only — 50% functional I think it would behoove you to first concentrate on getting a dredging permit before the wet season gets here and then take some time to develop a management and monitoring plan that addresses the concerns of the entire estuary. I believe you does not have to start from scratch regarding the dredging permit as the one currently in the hands of FDEP could be tweeked (i.e. the width of the dredge cut and footprint, etc. if you so desire) to accomplish in the short- term resolving flow and phase lag issues in the back bays that were illustrated in the current Humiston and Moore report. By separating out the dredging permit for the moment and keeping it under the auspices of the Mangrove Restoration Plan you could get the Pass operating on all cylinders again and take the time necessary to develop and true management and monitoring plan for the estuary that would include the dredging permit as a part of the tools needed to alleviate future pass closures or inefficient estuarine function. I urge you to establish a working group that includes all of the stakeholders that have worked to preserve this system and have the scientific expertise necessary to assist in Plan development. In particular those groups that were a part of the original "working group" in the 90's that dealt with the mangrove die-off problem (the Conservancy, Audubon, MAG, and Collier County Natural Resource Department, etc.) not only have a vested interest, but have the expertise along with Turrell, Hall and Associates, and should have direct input into a new Management Plan for the area. "The fundamental objective of mangrove management is to promote conservation, restoration or rehabilitation and sustainable use of mangrove ecosystems and their associated habitats, supported where necessary by ecological restoration and rehabilitation" (World Bank et al., 2004). The original Clam Bay Management Plan was developed to restore the mangrove forests and was very successful. Moving forward we need to not only focus on the health and viability of the mangrove forest (though they are near and dear to my heart!), but the entire ecosystem and its recreational uses. The plan should have the objective of sustaining the entire estuary, which would include the mangrove forest, benthic habitats and invertebrates (seagrasses and other organisms that l December 27,2012 Clam Bay Subcommittee of the Pelican Bay Services Division Board 5. Updated Clam Bay management plan comments by Kathy Worley Page 2 of 2 Kathy Y B. Worley 16 1 2 Al ? Re: Clam Bay Management Plan December 12, 2012 Page 2 makeup the bottom of the food chain), fish, birds, the dune and waterway systems, water quality, hydrology, etc. since all of these components are interconnected and vital in order for the estuary to be "healthy". It is generally recognized by ecologists, ichthyologists, managers and policy makers that mangroves are tightly linked by adjacent ecosystems and that managing them in isolation is unsustainable (Ellison, 2008). Taking the time to fully vet a management plan is the prudent approach that will lessen the chance of making snap decisions that may be inappropriate in pushing forward a plan quickly. Thus concentrating first on getting the dredging permit and then taking time later to develop a management plan seems the most logical route forward. Thank you for your time and consideration. Sincerely, Kathy B. Worley Director of Science, Conservancy of Southwest Florida 239-403-4223 kathyw@conservancy.org 1612 ieti 17 O PELICAN BAY SERVICES DIVISION 0 ' Municipal Service Taxing & Benefit Unit JAP .,0 2011 v :BY: .. ....... NOTICE OF PUBLIC MEETING WEDNESDAY, JANUARY 2, 2013 THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET IN REGULAR SESSION ON WEDNESDAY, JANUARY 2 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, 8960 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108. AGENDA Fiala The agenda includes, but is not limited: Hiller / Henning 7 Coyle t/' / 1. Pledge of Allegiance Colette 2. Roll call 3. Agenda approval 4. Elect new Chairman 5. Recent Board of County Commissioners' decisions involving Pelican Bay Services Division 6. Approval of December 5 Pelican Bay Services Division Board Regular Session Minutes 7. Monthly financial report 8. Cobblestones at San Marino crossing * (John Chandler) 9. Committee reports Misc. Comes: a. Clam Bay Subcommittee Date " tCti t i. Clam Bay transition plan ii. Clam Bay dredging permit Item#: Li.= b. Pathways Ad-Hoc Committee£ Copies to: 10. Setting Priorities (Keith J. Dallas) 11. Changes to Pelican Bay Services Division Ordinance 2002-27 (Keith J. Dallas) 12. Old Business a. Scheduling meeting to discuss Board policy for reconsideration of votes£ (John Chandler) 13. Audience Comments 14. Miscellaneous Correspondence 15. Adjournment Board vote is anticipated £ Chairman recommended item is deferred 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 PELICAN BAYSERVICESDIVISION.NET. 12/18/2012 11:33:37 AM 1612 X17 December 17, 2012 Pelican Bay Services Division Board, I have decided to resign as Chair of the Pelican Bay Services Division Board effective the January 2, 2013 meeting. It is obvious from recent actions and her total lack of communication with me that Commissioner Hiller is dissatisfied with my leadership of the PBSD Board. I have concluded that immediately choosing the new Chair of the PBSD Board may improve the ability of the PBSD to perform your important functions. I will continue to serve the remainder of my term as a Board member. /..<0;zit Keith J. Dall s 16 1 2 Al ? PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MINUTES WEDNESDAY,DECEMBER 5,2012 LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Regular Session on Wednesday, December 5, 2012 at 1:00 PM at the Community Center at Pelican Bay, 8960 Hammock Oak Drive,Naples,Florida.The following members were present: Pelican Bay Services Division Board Michael Levy Keith J.Dallas,Chairman Susan O'Brien Tom Cravens,Vice Chairman Dave Trecker John P.Chandler Mary Anne Womble Geoffrey S.Gibson absent John Baron absent John Iaizzo Hunter H.Hansen absent 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 Lauren Gibson,Biologist,Turrell,Hall&Associates,Inc. Jim Hoppensteadt,President&CEO,Pelican Bay Foundation REVISED AGENDA 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Rules for audience participation* 5. Approval of November 7 Pelican Bay Services Division Board Regular Session Minutes 6. Committee Reports a. Pathways Ad-Hoc Committee Report i. Approval of recommended approach* ii. Selection of arborist* iii. Bicycle lane survey discussion 7. Old Business a. Cobblestones at San Marino crossing discussion(John Chandler) 8. Report from Commissioner Hiller(Add-on by Dave Trecker) 9. Administrator's Report a. North Tram pedestrian crossing signal b. Landscape intersection improvements c. South berm restoration 4.41-7 d. Pelican Bay Boulevard pathways safety concerns&status of County's repairs e. Monthly financial report 10. Additional Committee Reports b. Clam Bay Subcommittee i. STORET water quality data recommendation* c. Landscape Water Management Subcommittee i. Status of data collection and cost of monitoring inland waterways(Dave Trecker) ii. Alternatives to copper sulfate* iii. Community outreach d. Strategic Planning Committee news(Mary Anne Womble) 11. Chairman's Report a. Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandle b. PBSD Board terms c. Announcements 12. New Business 13. Audience Comments 14. Miscellaneous Correspondence 15. Adjournment ated 8577 s, ■ Pelican Bay Services Division Board Regular Session Minutes 161 2 A1? - p December 5, 2012 ROLL CALL With the exception of Messrs.Baron,Gibson,and Hansen,all members were present. AGENDA APPROVAL Mr.Chandler made a motion,second by Dr. Trecker, to approve the agenda as amended: Following"Approval of minutes",the Board would proceed with"Pathways"then "Cobblestones"then Dr. Trecker's addition, "Commissioner Hiller Report': The Board voted unanimously in favor and the motion passed. RULES FOR AUDIENCE PARTICIPATION Dr. Trecker made a motion,second by Vice Chairman Cravens,to amend the"Rules for Audience Participation at PBSD meetings"by striking"politely"and replacing with"strictly". The Board voted unanimously in favor and the motion passed. Mr. Chandler made a motion, second by Dr. Trecker, to amend the "Rules for Audience Participation at PBSD meetings" by inserting after item 3, but before item 4, the sentence, "After public comments are heard, the Board will proceed to discuss the agenda item and take appropriate action without interruption." The Board voted unanimously in favor and the motion was passed. Vice Chairman Cravens made a motion,second by Mr.Levy, to approve the'Rules for Audience Participation at PBSD meetings"as amended. The Board voted unanimously in favor and the motion passed. APPROVAL OF NOVEMBER 7 REGULAR SESSION MINUTES IMr. Chandler made a motion, second by Dr. Trecker, to approve the Nov. 7 Regular Session minutes as presented. The Board voted unanimously in favor and the motion passed. PATHWAYS AD-HOC COMMITTEE REPORT APPROVAL OF RECOMMENDED APPROACH Dr. Trecker made a motion, second by Vice Chairman Cravens, to amend PBSD Path g Project Draft 6.4, Step 2 to read, "Conduct a census of trees along the length of Pelic# Boulevard to estimate the health of the trees and determine the likely impact of dist, . ' om the sidewalk and the street to the trees in question."The Board voted unanimously"r 4 'or and the motion passed. il Mr.Chandler made a motion,second by Vice Chairman Cravens,to amend ► Path , Project Draft 6.4,Step 3 to read, Have staff revisit County and State pra x : ° g ,v•es '•;,„;---- pathways and bicycle usage. The Board voted unanimously in favor and r 8a., ••. ........ SELECTION OF ARBORIST Mr.Ian Orlikoff,ISA Certified Arborist gave a presentation reg o M o ►: e of evaluating existing conditions to develop a plan for the pathways improvem trole g an approach that promotes tree health,structural integrity,and mitigates potential prop k® e,,o avoid injury and liability. 8578 "s 4' . _ , 1612 41 , . _ Pelican Bay Services Division Board Regular Session Minutes December 5, 2012 Vice Chairman Cravens made a motion,second by Dr. Trecker,to select ISA Certified Arborist Ian Orlikoff as the Pelican Bay Services Division's arborist The Board voted unanimously in favor and the motion passed. The Board directed staff to schedule a Pathways Ad-Hoc Committee meeting in mid-January to review Mr.Orlikoffs initial evaluation of trees along Pelican Bay Boulevard. BICYCLE LANE SURVEY DISCUSSION The Board discussed developing a community survey and directed staff to assist and to obtain the County's roadway paving schedule. OLD BUSINESS COBBLESTONES AT SAN MARINO DISCUSSION Based on past complaints about noise when vehicles drive over the cobblestones at the San Marino crossing,the Board discussed:Decibel readings done at several crosswalk locations(results for crosswalks without cobblestones showed an insignificant reduction in decibel levels);safety issues;aesthetics;and cost estimates to replace cobblestones with other materials.Both the Pelican Bay Foundation(PBF)and Pelican Bay Property Owners Association's(PBPOA)were opposed to removal.Further discussion deferred to January 2. REPORT FROM COMMISSIONER HILLER(DAVE TRECKERI Dr.Trecker conveyed information he received from Commissioner Hiller regarding proposed amendments to the Pelican Bay Services Division's ordinance under consideration by the Board of County Commissioners on December 11 and included 1)adding a non-voting member of the Pelican Bay Foundation Board to this Board; 2)establishing Chairman and Vice Chairman one-year term limits;and 3)reaffirming the Pelican Bay Services Division's responsibility for managing Clam Bay in its entirety. ADMINISTRATOR'S REPORT NORTH TRAM PEDESTRIAN SIGNAL Mr.Dorrill reported that the signal components were delivered and work starts next week. LANDSCAPE INTERSECTION IMPROVEMENTS Mr.Dorrill reported that some residents would like to add more color at several intersections annuals. Finding the balance between landscaping best management practices and maintenance i :• ve plantings was deferred to the Landscape Water Management Subcommittee. SOUTH BERM RESTORATION Mr.Dorrill reported that the south berm restoration was done within budget. f' •mple PELICAN BAY BOULEVARD PATHWAYS CONCERNS&STATUS OF COUNT i Mr.Dorrill reported the recent Pelican Bay Boulevard pathways overt _esult=4 °ra neven areas and safety concerns. The County is in the process of grading to a lev- a t.n an. .irs are 75% complete. 8579 _ . Pelican Bay Services Division Board Regular Session Minutes A 1 7 Y g 16 December 5, 2012 MONTHLY FINANCIAL REPORT Mr. Chandler made a motion, second by Vice Chairman Cravens, to accept the November financial report into the record. The Board voted unanimously in favor and the motion passed. CLAM BAY SUBCOMMITTEE STORET WATER QUALITY DATA RECOMMENDATION* Ms.O'Brien made a motion,second by Mr.laizzo,to authorize up to$10,000 to have Turrell- Hall enter Clam Bay water quality data into STORET pending verification that the Clam Bay WBID is separate from the Naples WBID. The Board voted unanimously in favor and the motion passed. LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE The Board discussed locations to monitor nutrients and copper and deferred to the Subcommittee. Mr.Hoppensteadt presented Florida Department of Environmental Protection(FDEP)water quality data and map indicating Clam Bay was impaired due to high levels of copper sulfate.Mr.Hall's ongoing nutrient study and flow map would help locate the source,but a resolution still is complicated and costly. The Board discussed staff's suggestions for alternatives to copper sulfate to control algae including aeration,bacteria,and aquatic plantings;and plan to test effectiveness in Basin 3. Dr. Trecker made a motion second by Mr.Levy,to approve the pilot testing of aeration,bacteria products,and aquatic plantings using solar power in Basin!IL The Board voted 6 to 2 in favor, two opposed(Mr.Chandler and Ms.O'Brien)and the motion passed. STRATEGIC PLANNING COMMITTEE Ms.Womble reported that the Strategic Planning Committee met November 8 and discussed the status of several projects including media infrastructure and community competitiveness. The Committee's next meetings are December 11 and January 8. CHAIRMAN'S REPORT SCHEDULING MEETING TO DISCUSS BOARD POLICY FOR RECONSIDERATION(IOHN CHANDLER) The Board discussed briefly whether to schedule a separate meeting to discuss the Board poli reconsideration of votes. Consensus was to defer to January 2 and the Board directed staff to redis. ® e previous material. BOARD TERMS The Board discussed the four terms expiring at once in March and ways to sta t„°'' • to toirk for Board continuity and easy recruitment. Ms.O'Brien made a motion,second by Mr.Chandler,to direct t .- ' finis . i + o discuss with Commissioner Hiller the possibility of changing the length o ' d our L'r terms in the upcoming election whereas the two applicants who recei i n s •s ff_ a appointed for four years, and applicants placing third and fourth are a d e ,",,,..7r • years. The Board voted unanimously in favor and the motion passed r %,Th 8580 , $ Pelican Bay Services Division Board Regular Session Minutes 1 6 41 7 December 5, 2012 ANNOUNCEMENTS Chairman Dallas announced upcoming meetings: Landscape Water Management Subcommittee meets December 10 at 1 p.m.and the Clam Bay Subcommittee follows at 3 p.m.;the next Board Regular Session is January 2 then February 13;and the Budget Subcommittee meets January 22 at 3 p.m.The Coastal Advisory Committee meets December 13 and Pelican Bay Foundation meets December 14. AUDIENCE COMMENTS Mr.Jerry Moffatt received correspondence regarding rebuilding the pathways away from driveways; a nearby community established a special taxing unit for landscaping;the sod installed by the County as part of the pathways overlay is dead;and audience participation does not increase the length of meetings. ADJOURNMENT Vice Chairman Cravens made a motion,second by Dr. Trecker,to adjourn. The Board voted unanimously in favor,passing the motion,and the meeting was adjourned at 4:04 p.m. Keith J.Dallas,Chairman Minutes by Lisa Resnick 12/20/2012 12:32:47 PM AAA- �ai1a Y w 8581 y .:4 January 2,2013 Pelican Bay Services Division Board Regular Session 8.Cobblestones at San Marino crossing Page 1 of 16 1612 A 17 Crosswalk Decibel Readings Decibel readings were taken from several different types of crosswalks to determine what extent the cobble bands installed at the mid-block crosswalks impacted the amount of sound generated. These readings were taken from the Beach Walkway and the North Tram Station crosswalks that both have the cobbles/brick pavers installed. Readings were also collected from the crosswalk at Pelican Bay Blvd.and Gulf Park Dr.which only has brick pavers installed. Readings were also collected at the painted Crayton Rd. crosswalk for comparison purposes. Readings listed were collected from 15', 50' and 75' feet from the edge of road.The 50' and 75' distances are more representative of the distances that some condo buildings are located from the roadway. When comparing between cobble/brick paver crosswalks and brick paver only crosswalks at the two distances most representative of the buildings located adjacent to the roadway there was a 1-6 decibel higher reading at a cobble/brick paver crosswalk vs.a brick paver only crosswalk at 50'.At 75'there was a 4-5 decibel higher reading at a cobble/brick paver crosswalk vs. brick paver only crosswalk. These readings can be impacted by differences in vegetation, wind velocity /direction and exterior noises, which when detected as noticeable readings were discarded. When this latest set of readings was collected the wind was approximately 10-14MPH from the SW. The reading collection point for the Beach Walkway was on the east side of the road and for the North Tram was from the west side of the road. This may have contributed to higher readings at the Beach Walkway, but because of structural walls they had to be collected from those sides to reach the distances of 50'and 75'. Attached is some information related to traffic noise, in the second paragraph it states the "A 10-dBA change in noise levels is judged by most people as a doubling of sound level. The smallest change in noise level that the human ear can perceive is about 3-dBA. Increases of 5-dBA or more are clearly noticeable. " Decibel readings from the various locations and distances are listed below. Distance from Roadway Locations 15' 50' 75' Beach Walkway 76 63 57 North Tram Station 73 58 58 Pelican Bay Blvd.&Gulf Park Drive 68 57 53 Pelican Bay Blvd.&Crayton Road 63 55 53 January 2,2013 Pelican Bay Services Division Board Regular Session 8.Cobblestones at San Marino crossing _ Page 2 of 16 Al Al ?1612 Traffic Noise Background Information Introduction to Noise Human response to noise is subjective and can vary greatly from person to person. Factors that can influence individual response include the loudness,frequency,and time pattern;the amount of background noise present before an intruding noise;and the nature of the aetivity(e.g.,sleeping)that the noise affects. The sensitivity of the human ear to sounds of different frequencies is measured by the A-weighted decibel scale(dBA). A 10-dBA change in noise levels is judged by most people as a doubling of sound level. The smallest change in noise level that a human ear can perceive is about 3-dBA. Increases of 5-dBA or more are clearly noticeable. Nonnal conversation ranges between 44 and 65 dBA when the people speaking are 3 to 6 feet apart. Table 1 shows sound levels for some common noise sources and compares their relative loudness to that of an 80-dBA source such as a garbage disposal or food blender.Noise levels in a quiet rural area at night are typically between 32 and 35 dBA. Quiet urban nighttime noise levels range from 40 to 50 dBA. Noise levels during the day in a noisy urban area are frequently as high as 70 to 80 dBA. Noise levels above 110 dBA become intolerable and then painful;levels higher than 80 dBA over continuous periods can result in hearing loss. Constant noises tend to be less noticeable than irregular or periodic noises. Table 1 Sound Levels and Relative Loudness of Typical Noise Sources Sound Subjective Relative Loudness Noise Source or Activity Level Impression (human judgment of (dBA) different sound levels) Jet aircraft takeoff from carrier(50 ft) 140 Threshold of pain 64 times as loud 50-hp siren(100 ft) 130 32 times as loud Loud rock concert near stage,Jet takeoff 120 Uncomfortably loud 16 times as loud (200 ft) Float plane takeoff(100 ft) 110 8 times as loud Jet takeoff(2,000 ft) 100 Very loud 4 times as loud Heavy truck or motorcycle(25 ft) 90 2 limes as loud Garbage disposal,food blender(2 ft), 80 Moderately loud Reference loudness Pneumatic drill(50 ft) Vacuum cleaner(1D ft),Passenger car at 65 70 1/2 as loud mph(25 ft) Large store air-conditioning unit(20 ft) 60 1/4 as loud Light auto traffic(100 ft) 50 Quiet 1/8 as loud Bedroom or quiet living room,Bird calls 40 1/16 as loud Quiet library,soft whisper(15 ft) 30 Very quiet High quality recording studio 20 Acoustic Test Chamber 10 Just audible 0 Threshold of hearing Sources: Beranek(1988)and EPA(1971) PDX/TRAFFIC NOISE HANDOUT DOC 1 January 2,2013 Pelican Bay Services Division Board Regular Session 8.Cobblestones at San Marino crossing Page 3 of 16 161 2 Al TRAFFIC NOISE BACKGROUND IN ORMATION Traffic Noise Sources and Propagation Noise sources associated with transportation projects can include passenger vehicles,medium trucks, heavy trucks and buses.Each of these vehicles produces noise;however,the source and magnitude of the noise can vary greatly depending on vehicle type.For example,while the noise from passenger vehicles occurs mainly from the tire-roadway interface and is therefore located at ground level,noise from heavy trucks is produced by a combination of noise from tires,engine,and exhaust,resulting in a noise source that is approximately 8 feet above the ground.The following list provides information on the types of transportation noise sources that will be part of a roadway project,and describes the type of noise each produces. • Passenger Vehicles(cars):Noise emitted from 0 to 2 feet above raizdway,primarily from tire-roadway interface.This category includes normal passenger vehicles,small and regular pickup trucks,small to mid-size sport utility vehicles,mini-and full-size passenger vans. Typical noise levels for passenger vehicles are 72 to 74 dBA at 55 mph at a distance of 50 feet. • Medium Trucks(MT):Noise emitted from 2 to 5 feet above roadstav,combined noise from tire-roadway interface and engine exhaust noise.This category includes delivery vans,such as UPS and Federal Express trucks,large sport utility vehicles with knobby tires,large diesel engine trucks,some tow-trucks,city transit and school buses with under vehicle exhaust, moving vans(U-haul-type trucks),small to medium recreational motor homes and other larger trucks with the exhaust located under the vehicle.Typical noise levels for medium trucks are 80 to 82 dBA at 55 mph at 50 feet. • Heavy Trucks(HT):Noise emitted from 6 to 8 feet above the roadway surface,combined noise sources includes tire-roadway interface,engine noise,and exhaust stack noise.This category includes all log-haul tractor-trailers(semi-trucks),large tow trucks,dump trucks, cement mixers,large transit buses,motor homes with exhaust located at top of vehicle,and other vehicles with the exhaust located above the vehicle(typical exhaust height of 12 to 15 feet).Typical noise levels for heavy trucks are 84 to 86 dBA at 55 mph at 50 feet'. Several factors determine how sound levels decrease over distance.Under ideal conditions,a line noise source(such as constant flowing traffic on a busy highway)decreases at a rate of approximately 3 dB each time the distance doubles.Under real-life conditions,however,interactions of the sound waves with the ground often results in attenuation that is slightly greater than the ideal reduction factors given above.Other factors that affect the attenuation of sound with distance include existing structures,topography,foliage,ground cover,and atmospheric conditions such as wind,temperature, and relative humidity.The following list provides some general information on the potential affects each of these factors may have on sound propagation. • Existing Structures.Existing structures can have a substantial effect on noise levels in any given area.Structures can reduce noise by physically blocking the sound transmission.(Under special circumstances,structures may cause an increase in noise levels if the sound is reflected off the structure and transmitted to a nearby receiver location.)Measurements have shown that a single- story house has the potential,through shielding,to reduce noise levels b} as much as 10 dB or greater.The actual noise reduction will depend greatly on the geometry Of the noise source, receiver,and location of the structure.Increases in noise caused by reflection are normally 3 dB or less,which is the minimum change in noise levels that can be noticed by the human ear. • Topography.Topography includes existing hills,berms,and other surface features between the noise source and receiver location.As with structures,topography has the potential to reduce or increase sound depending on the geometry of the area.Hills and berms,When placed between the noise source and receiver,can have a significant effect on noise levels.In many situations,berms arc used as noise mitigation by physically blocking the noise source front.the receiver location.In PDX/TRAFFIC NOISE HANDOUT.DOC 2 January 2,2013 Pelican Bay Services Division Board Regular Session 8.Cobblestones at San Marino crossing Page 4 of 16 161 2 A 17 TRAFFIC NOISE BACKGROUND INFORMATION some locations,however,the topography can result in an overall increase in sound levels by either reflecting or channeling the noise towards a sensitive receiver location_ • Foliage.Foliage,if dense,can provide slight reductions in noise levels;FHWA provides for up to a 5 dBA reduction in traffic noise for locations with at least a 30 feet depth of dense evergreen foliage. • • Ground Cover.The ground cover between the receiver and the noise source can have a significant effect on noise transmission.For example,sound will travelvery well across reflective surfaces such as water and pavement,but can be attenuated when the ground cover is field grass, lawns,or even loose soil. Traffic Noise Mitigation In theory,there are a number of options that can be used to reduce or mitigate traffic noise.These include traffic management,highway design,and noise barriers including eurthen berms. hi reality, noise mitigation is often infeasible due to space requirements,aesthetic issues and financial costs,or because the costs outweigh the benefits. Any specific mitigation measure recommended as part of a project must be feasible and have a reasonable cost in relation to the benefit.Potential mitigation measures are described below. • • • Traffic Management:Traffic management measures include modification of speed limits and restricting or prohibiting truck traffic.Restricting truck use on a given roadway-would reduce noise levels at nearby receivers since trucks are louder than cars. limn-Over,displacing truck traffic from one roadway to another would only shift noise impacts front one area to another and may conflict with the planned function of the roadway(e.g.,an arterial generally carries truck traffic).The level of truck traffic on Sunnyside Road is too low for truck restrictions to result in a significant reduction in overall noise in the area.While reducing speeds may reduce noise,a reduction of at least 10 mph is needed for a noticeable difference in noise to result.Also,because roadways are planned and designed to support speeds consistent with thbir functional classification(e.g.,35-45 mph on an arterial),changing speeds for the purpose of noise mitigation is not common. • Roadway Design:Roadway design measures include altering the roadway alignment and depressing roadway cut sections. Alteration of roadway alignment could decrease noise levels by moving the traffic farther away from the affected receivers. Because there are noise sensitive receivers along both sides of Sunnyside Road,changing the alignment May benefit one side of Sunnyside Road,but would increase noise levels on the other. • Noise Barriers:Construction of noise bathers between the roadways and the affected receivers would reduce noise levels by physically blocking the transmission of traffic-generated noise. Barriers can be constructed as walls or earthen berms.Earthen berms require more right-of-way than walls and are usually constructed with a 3-to-I slope.Using this requirement,a berm 8 feet tall would slope 24 feet in each direction,for a total width of 48 feet. For the Sunnyside Road project,berms arc not feasible because of the right-of-way requirement.Noise walls should be high enough to break the line-of-sight between the noise source and the receiver. They must also be long enough to prevent significant flanking of noise around the ends Of the walls.Openings in the wall,such as for driveways and walkways,can significantly reduce the barrier effectiveness. Because of the frequent driveways and walkways on.Sunnyside Road,mpise walls would not be effective in most locations. PDXJTRAFFic NOISE HANDOUT DOC 3 i .. 1612 Al ? 0 N co o) a) Ix co O co C 0 N b a1 co c U_ O U O O c >'c CD C C U a3 TD a to N p C O co tox ��.� M i_ N O O Q f6 - thn Vhf O N c V a) > CO (d a3 CO a Q h Ol N N en w Vf en in h tLEI Ol to t!1 ere Vi Vl to y n N LO Q LO N 03 t0 in T to t» in i Vt Q in ere in in us � w tin � Mik `n N co to i January 2,2013 Pelican Bay Services Division Board Regular Session 8.Cobblestones at San Marino crossing Page 6 of 16 1612 Al ? STREET AND ROAD CONSTRUCTION lEA 4 7% SITE PREPARATION CHANGE ORDER REQUEST Date:June 4,2012 To:Collier County BOCC Attention: Kyle Lukasz Phone:438-5239 e-mail: kyielukasz{n?eolliergov.net Project: Remove/Replace curb in median at North Tram ITEM DESCRIPTION UNIT EST QTY UNIT PRICE EXTENSION GENERAL Remove and replace curb,including traffic control and bond LS 1.0 $6,940.00 $6,940.00 TOTAL $6,940.00 LecrM. Satenanv LEO M.BATEMAN 3260 Cargo St WBE CERTIFIED ph(239)482-4826 Ft.Myers,FL 33916 Lis CGC 1506291 Ix(239)482-8177 January 2,2013 Pelican Bay Services Division Board Regular Session 8.Cobblestones at San Marino crossing Page 7 of 16 161 . 7 STREET AND ROAD CONSTRUCTION antra SITE PREPARATION CHANGE ORDER REQUEST Date: June 4,2012 To: Collier County BOCC Attention:Kyle Lukasz Phone:438-5239 e-mail: kylelukaszthcolliergov.net Project: Replace Cobblers with brick pavers at 4 intersections ITEM DESCRIPTION UNIT EST QTY UNIT PRICE EXTENSION GENERAL Hammock Oak LS 1.0 $12,900.00 $12,900.00 North Tram Station LS 1.0 $12250.00 $12,250.00 Beachwafk LS 1.0 $11,600.00 $11,600.00 Glenview LS 1.0 $9,650.00 $9,650.00 TOTAL _ $46,400.00 Price includes removal of cobblers,replace with pavers(pavers furnished by Pelican Bay),maintenance of traffic and bond Leo-H. gataman' LEO M. BATEMAN 3260 Cargo St WBE CERTIFIED ph(239)482-4826 Ft.Myers,FL 33916 Lie.CGC 1506291 is(239)482-8177 1612 Ai ? O ._ N N (6 7 O) N fl a o .: . .r...:. L j 30.. [ y f f, 03 c z ., k tJ r •0 0. J{ 0. j x '4,) -4 a •' � .I . o 1 t f fir, • '� r . •' t, co o N C � = t . i• _. . 'd m r f i { p Cr) r - i__N O . y ; ,to t ::*;,,,,,,\.,\ 1, \. N jj' N ::\N N O S p., i a ,„ ":;:'.1-...,,:,..,,;',,,,i):-) . 7- C U L) co 1 \ l a . '''''.'''.4-V '' , * * '''• ' ' I\ \ \ -**' *•,. ' 1 ' ie'''' 1 . Y f` 1 1111 a I { ` 4f , _ $ .'., 1 ^i- ,rte r. ^-y °',y '+nor lt 'yj ''''''';;A.:.,!, ,Iiy ''°. .fi— { 0.' g't i ;.i January 2,2013 Pelican Bay Services Division Board Regular Session 8.Cobblestones at San Marino crossing Page 9 of 16 1612 Al7 PELICAN BAY PROPERTY OWNERS ASSOCIATION, INC. e 801 Laurel Oak Drive, Suite 600,•Naples,FL 34108 (239)566-9707• FAX(239)598-9485 • E-Mail PBPOA@pbpropertyowners.org October 16, 2012 Keith J. Dallas, President PELICAN BAY SERVICES DIVISION 801 Laurel Oak Blvd. Suite 605 Naples FL 34108 Dear President Dallas, The Board of the PBPOA wishes to register its strong objection to the PBSD's decision to research the possibility of removing the cobblestones at key crosswalks along Pelican Bay Boulevard, and to not complete the remaining new crosswalk as recommended by the Joint Strategic Planning Committee and the PBSD. This joint group worked with traffic and safety engineers to develop design and material recommendations consistent with both FDOT requirements and the need to improve pedestrian safety. The crosswalk design recommendations, including materials, were reviewed multiple times in community forums. Additionally , at the September meeting, it was noticed that new decibel readings were again insignificant. We believe it would be fiscally irresponsible for the PBSD to rework any of the paving that has been installed, and would be contrary to public safety and to the overall continuity of the community upgrades to not complete all of the crosswalks as originally planned. Sincerely, SUSAINA ,ss)/'l r1%)) Susan M. Boland President cc: Jim Hoppensteadt Ronnie Bellone January 2,2013 Pelican Bay Services Division Board Regular Session 8.Cobblestones at San Marino crossing Page 10 of 16 1612 A1 % May 2,2012 Pelican Bay Services Division Board Regular Session 5ai.Administrator's Report.Crosswalks.Uniform Traffic Standards(Additional Correspondence)No.2 Page 1 of 1 ResnickLisa From: Kate[kfweath @gmail.com] Sent: Monday,April 30, 2012 6:52 PM To: office@pelicanbayservicesdivision.net Subject: Crosswalks I am a resident of San Marino and as such, I cross the nearby crosswalk several times daily when in residence at San Marino. It is becoming more and more hazardous because the traffic generally does not stop for pedestrians. Something needs to be added to the signage—lights, closer signage,a warning—something. The signs at that crosswalk are small and very far from the crosswalk. Someone is going to be hurt or killed at the crosswalks due to pedestrians thinking they are safe to cross and traffic not stopping. I have had cars actually honk at me when I have been crossing in the middle of a lane and they whiz by. More go by than stop. One suggestion is to put LARGE signs—maybe even temporary-at each entrance to Pelican Bay announcing that it is Florida Law to stop at crosswalks. And,we definitely need flashing lights to note the crosswalk. They are not visible until you are in them. Kate Weathersby San Marino January 2,2013 Pelican Bay Services Division Board Regular Session 8.Cobblestones at San Marino crossing Page 11 of 16 1b A1 / May 2,2012 Pelican Bay Services Division Board Regular Session 5ai. Administrator's Report.Crosswalks.Additional Correspondence No.3 Page 1 of 1 ResnickLisa Subject: 5ai.Administrator's Report. Crosswalks.Additional Correspondence No. 3 From: Cliff Landers Jmailto:clifflanders 2000@yahoo.coml Sent: Tuesday, May 01, 2012 5:29 PM To: office@ pelicanbayservicesdivision.net Subject: Crosswalk at San Marino Pelican Bay Services Division To whoever may be reluctant to reverse the unstudied project of the crosswalk near San Marino, I would say: Put aside ego, acknowledge the mistake, remove the cobblestones, and fill in and cement over the holes. Done. The danger and annoyance level of the crosswalk has already been discussed and proven, so let's put an end to this long and fruitless dialogue. Sincerely, Clifford E. Landers San Marino #305 From: Brendan P. Culligan jmailto:pebbleDost gmail.coml Sent: Tuesday, May 01, 2012 4:46 PM To: 21 Lisa Resnick Subject: STOP FOR PEOPLE video link Lisa, Please click www.vimeo.com/41366160 to view my three minute STOP FOR PEOPLE video. Please test it so you can access it for presentation at the PBSD meeting on Wednesday at 1 PM. If you have any technical problems,please call me at 239-597-7957 in the morning so I can resolve them before the meeting. Thanks for you help. Brendan Culligan Pebble Creek at Pelican Bay 17-201 January 2,2013 Pelican Bay Services Division Board Regular Session 8.Cobblestones at San Marino crossing Page 12 of 16 Al7 161 2 May 2,2012 Pelican Bay Services Division Board Regular Session 5ai. Administrator's Report.Crosswalks.Additional correspondence no.4 Page 1 of 1 ResnickLisa From: Ktm140[ktm140 @aol.com] Sent: Wednesday, May 02,2012 12:37 PM To: office @pelicanbayservicesdivision.net Subject: RE:The crosswalk located at San Marino RE: The crosswalk located at San Marino. In my opinion,there are two issues with the crosswalk at San Marino. Unfortunately, I have a last minute work conflict so I am not able to make the meeting this afternoon. The issues are—Noise& Safety. The noise issue-As a resident of San Marino, I walk my dog at least twice a day on Pelican Bay Blvd. &I am very much aware of the thump-thump as cars cross the cobblestones. When I mentioned this at a Pelican Bay Foundation meeting,the comment back was that they had a noise gun& it wasn't too loud. It's not so much the loudness but it's the fact that the noise has become a constant presence. The designers of the crosswalks have created a source of noise pollution&have taken one of the prettiest areas in Naples and made it sound like an urban center. I understand that the concept is that the cobblestones would act as a warning&a speed deterrent to drivers when, in reality, neither of these things occurs. I grew up in Mid-town Manhattan, certainly one of the busiest areas of NYC, &if there was a loose manhole cover which is a very similar sound to the cars driving over the cobblestone, one could call the NYC DOT and they would come out to fix it because it was considered a noise nuisance. It would be great if that were possible in this situation. Again, it's not the loudness it's the fact that it is a noise that was not part of our community prior to the installation of the crosswalk. The 2°d issue is even more crucial—Safety.Again, spending as much time on the Blvd as I do both in the morning and the afternoons I have had the opportunity of seeing many"near misses". I have seen drivers ignore pedestrians;drivers stop on 1 side but not the other; cars in the right lane stopping but not in the left lane& even cars speeding up so they don't have to stop. It has actually created an unsafe situation—pedestrians don't know whether the cars are going to stop or not. The crosswalk definitely needs further signage to make it safe. I have heard remarks that the only people complaining are the San Marino residents. It only takes a bit of common sense to realize that the residents of San Marino and Calais are most directly affected since the crosswalk is closest to those communities&most pedestrian's traffic originates from them. I think it would be a rare occasion for some one from St Raphael to cross over to the east side of the street. It is my recommendation that the cobblestones be removed&the crosswalk has better signage. When a decision is made by the Pelican Bay Services Division is any consideration give to the impact of that decision to the residents of the Pelican Bay&the communities most affected? It seems like there is very little regard as to how the design has impacted the area&our concerns seem to be ignored. Kathy Mahoney Kathy Mahoney Coidwell Banker Residential Real Estate 8200 Health Center Blvd.#101 Bonita Springs,34135 800-547-3019 239-992-0059(0) 239-404-0677(C) 239-992-0231 (Fax) MailTo:kathv.mahonev floridamoves.com http:///kathv-mahonev.com January 2,2013 Pelican Bay Services Division Board Regular Session 8.Cobblestones at San Marino crossing Page 13 of 16 1612 Al ? May 2,2012 Pelican Bay Services Division Board Regular Session 5ai. Administrator's Report.Crosswalks.Additional correspondence. Page 1 of 1 ResnickLisa Subject: 5ai. CROSSWALK IN FRONT OF SAN MARINO AND BEACH ACCESS! From:Dolores E.Stillings fmailto:westlakecocKacomcast.netl Sent: Monday,April 30,2012 9:27 AM To:office@ oelicanbayservicesdivision.net Subject:CROSSWALK IN FRONT OF SAN MARINO AND BEACH ACCESS! LADIES/GENTLEMEN: I AM UNABLE TO ATTEND THE MEETING ON WEDNESDAY MAY 2ND. THEREFORE, WOULD LIKE YOU TO KNOW THAT I OWN AND RESIDE IN A FIRST FLOOR CONDO WITHIN SAN MARINO. THE BACK OF MY CONDO (BEDROOMS AND LANAI) FACE PELICAN BAY BLVD. SINCE THE INSTALLATION OF THE COBBLESTONE CROSSWALK I CAN'T OPEN A WINDOW OR MY LANAI. IN THE MASTER-BATHROOM, THE VIBRATION IS AWFUL. THIS IS SO VERY DISTRUBINGIIIIIIHH I HAVE MY UNIT FOR SALE AND HAVE BEEN TOLD BY MANY LOOKERS THAT THEY FEAR THE NOISE LEVEL WOULD REALLY BE A CONSTANT DISTURBANCE TO THEM!!! I HAVE HEARD THAT THE PBSD TESTED THE NOISE LEVEL AND FIND IT ACCEPTABLE THEY SHOULD COME LIVE IN MY HOME FOR A WEEK. THE NOISE LEVEL MIGHT HAVE BEEN TESTED DURING OUR OFF SEASON! DURING THIS PAST BUSY SEASON, I HAVE SUFFERED GREATLY. THIS SITUATION IS NOT ONLY AFFECTING MY PEACEFULNESS, BUT IT HAS IMPACTED MY RE-SALE VALUE! I HAVE PAID $520K FOR THIS CONDO AND COMPLETELY RENOVATED AT A COST OF $80K. PLEASE, AT LEAST, CONSIDER THE REMOVAL OF THE COBBLESTONE FROM EACH SIDE OF THE SMOOTH PAVERS. IT WAS A REALLY AN IDEA THAT HAD NO CONSIDERATION FOR THOSE OF US THAT LIVE RIGHT ON PB BLVD. THERE ARE A FEW CROSSWALKS THAT DO NOT HAVE THE COBBLESTONE ON EITHER SIDE OF THE PAVERS, AND IT DOES MAKE IT MORE ACCEPTABLE. I WOULD LIKE YOUR RESPONSE TO THIS E-MAIL AFTER YOUR MEETING. THIS IS A VERY IMPORTANT ISSUE FOR ME AND MOST OF THE SAN MARINO RESIDENTS FACING PB BLVD. THANK YOU FOR YOUR KIND CONSIDERATION TO MY REQUEST. DOLORES E. STILLINGS 6855 SAN MARINO DRIVE #202 239-513-1410 732-310-2359 CELL 1 January 2,2013 Pelican Bay Services Division Board Regular Session 8.Cobblestones at San Marino crossing Page 14 of 16 Pelican Bay Services Division Board Regular Session Minutes1 May 2,2012 61 2 A I / APPROVAL OF APRIL 11,2012 REGULAR SESSION MINUTES [Vice Chairman Cravens made a motion,second by Mr.Levy to approve the April 11 Regular Session minutes as amended:1)Page 8546:identify San Marino and North Tram station crossings;and 2) Page 8549: "...berm...erosion observed along east and west sides..." The Board voted unanimously in avor and the motion was .assed APPROVAL OF APRIL 16.2012 BUDGET SUBCOMMI I'1'EE MEETING MINUTES Vice Chairman Cravens made a motion, second by Mr. Chandler to approve the April 16 Budget Subcommittee meeting minutes as presented. The Board voted unanimously in favor and the motion was passed REVIEW AND APPROVAL OF PROPOSED FISCAL YEAR 2013 BUDGET(LEVY) Vice Chairman Cravens made a motion, second by Mr. Chandler to approve the Budget Subcommittee's recommendation to approve the Proposed Fiscal Year 2013 Budget as presented by 1 Budget Subcommittee Chairman Levy. The Board voted unanimously in favor and the motion was .assed ADMINISTRATOR'S REPORT CROSSWALKS BATEMAN CONTRACT UPDATE Mr. Don-ill reported the County Attorney initially opined that the Bateman contract would need Board of County Commissioners authorization before moving forward with the two additional crosswalk projects planned for this summer on Pelican Bay Boulevard at the intersections of North Pointe Drive and Myra Janco Daniels Boulevard. • j Upon realization that the original Bateman contract approved by the Board of County Commissioners in 2011 included these additional locations,the County Attorney determined that no further authorization was necessary UNIFORM TRAFFIC STANDARDS Mr. Dorrill introduced two engineers invited to speak about uniform traffic standards and address residents' concerns about safety and noise that resonated from vehicles driving over cobblestones at the San Marino and North Tram station mid-block crossings. Mr. James Carr, P.E. explained the crosswalks constructed along Pelican Bay Boulevard were designed by Wilson Miller. All mid-block crossings have three feet wide cobblestone bands on each side that was intended to create a "rumble" sound and have a tactile feel effect. After the initial installation, following complaints that the cobblestones were uneven and created a tripping hazard,the edges were adjusted to form a more level surface and it had the added effect of reducing noise. Traffic engineering expert, Mr. Bill Oliver, P.E. explained at pedestrian crossings, key issues for safety are speed and advance warning and methods currently in use to alert drivers did not appear to be working.If the intention of the cobblestones was to cause vehicles to slow down, it was clear the cobblestones were installed too close to the crossing. If the sound and tactile feel of driving over cobblestones was intended to change drivers' behavior, by the time the rumble is heard, it is too late to stop.The mid-block crossings include standard signs and pavement markings required by the Manual on Uniform Traffic Control Devices(MUTCD). The question was whether the methods being 8551 Services Division Board Regular Session January 2,2013 Pelican Bay Se ces g 8.Cobblestones at San Marino crossing A i Page 15 of 16 Pelican Bay Services Division Board Regular Session Minutes 16 May 2,2012 used to get drivers' attention were producing the intended effect.The answer was no.The solution would be one that reaches out and grabs drivers' attention. Mr. Oliver recommended progressing to a higher level of driver awareness that could be achieved by installing a pedestrian-activated flashing beacon light timed to continue flashing until the pedestrian crossed the intersection. Mr. Oliver explained the County uses MUTCD standards to determine signage, signals, and pavement markings;and agreed that installing additional signage that is considered"supplemental"to MUTCD standards could cause,confusion.Regarding the flashing yellow lights in the roadway on Ridgewood that outline a crossing to the Phil, Mr.Oliver reasoned the design was likely"emerging technology"that was later determined to be ineffectual. Mr. Brendan Culligan (Pebble Creek) presented a video he made showing problems faced by pedestrians attempting to cross at the North Tram station mid-block crossing and at other locations within Pelican Bay. BOARD DISCUSSION Mr. Iaizzo suggested removing the cobblestones at the San Marino crossing. Mr. Chandler made a motion, second by Ms. O'Brien to recommend to the Foundation Board to remove cobblestones at the San Marino crossing. Mr. Gibson said he supported removing the cobblestones,but the motion should include replacing cobblestones with fire-red clay brick pavers. Ms.Womble stressed the importance of uniformity and consistency as a theme established by the Community Improvement Plan. AUDIENCE COMMENTS Mr. Steve Seidel (San Marino), Ms. Kathy Mahoney (San Marino), Dr. Ted Raia(St. Raphael), Mr. Dave Cook(Crescent),Mr.Brendan Culligan(Pebble Creek)and another Pebble Creek resident supported increased traffic enforcement to control speeders,and supported removing cobblestones at the San Marino crossing or at all mid-block crossings; and agreed that resolving safety issues should not require consulting with the Foundation first and also be completed promptly. f i Ms. Marcia Cravens (Dorchester) suggested installing speed bumps, but Mr. Dorrill explained that speed bumps were not appropriate for Pelican Bay Boulevard,an arterial roadway. Mr. Jerry Moffatt(L'Ambiance) said the Foundation paid for the construction, but the road is owned by the County, and Mr. Dorrill added the Services Division permitted the project and is therefore responsible for maintenance. Mr. John Domenie (Breakwater)did not agree with Mr. Gibson's idea to replace cobblestones with fire-red clay brick pavers; and Ms.Mary McLean Johnson(St.Marissa)suggested amending the motion to include replacing cobblestones with appropriate alternatives that increase visibility and consistency. Mr. Chandler made a motion, second by Ms. O'Brien to make a recommendation to the Foundation Board that they remove the cobblestones at the San Marino crossing. The Board voted 9 in favor (Chandler, Iaizzo, O'Brien, Levy, Womble, Cravens, Trecker, Baron, and Gibson) and I opposed (Dallas)and the motion was passed Nice Chairman Cravens made a motion, second by Dr. Trecker to make a recommendation to the Foundation Board that they remove the cobblestones from all mid-block crosswalk locations. The Board voted 9 in favor (Chandler, Iaizzo, O'Brien, Levy, Womble, Cravens, Trecker, Baron, and Gibson)and 1 opposed(Dallas)and the motion was passed. 8552 January 2,2013 Pelican Bay Services Division Board Regular Session 8.Cobblestones at San Marino crossing / Page 16 of 6 Pelican Bay Services Division Board Regular Session Minutes L May 2,2012 --- Ms. O'Brien made a motion, second by Mr. Chandler to not install cobblestones at the North Pointe Drive crossing that is planned to be done this summer. The Board voted 9 in favor(Chandler,Iaizzo, IO'Brien,Levy, Womble, Cravens, Trecker,Baron,and Gibson)and 1 opposed(Dallas)and the motion was 'assed Vice Chairman Cravens made a motion, second by Mr. Iaizzo to install pedestrian-activated flashing lights that is identical to the crossing on Myra Janco Daniels Boulevard, at the North Tram station and San Marino mid- block crossings. The total estimated cost to install a pedestrian-activated light at one location including solar power and bollards with sensors is$26,000. Mr.Chandler suggested obtaining pedestrian count data. Dr.Trecker suggested installing the pedestrian-activated light at the North Tram station crossing first to test efficacy. Mr. Tim Corcoran (Pebble Creek)agreed the North Tram station crossing would be the best location to test how effective a pedestrian-activated light is. Mr. Steve Seidel (San Marino), Mr. Brendan Culligan (Pebble Creek), and Ms.Mary Jane Culligan(Pebble Creek)supported installation at both the North Tram and San Marino locations. Vice Chairman Cravens made a motion, second by Mr. laizzo to install pedestrian-activated flashing lights at both the North Tram station and San Marino mid-block crossings similar to the crossing on Myra Janco Daniels Boulevard. The Board voted 5 in favor (Dallas, Gibson, Cravens, Baron, and Womble) and 5 opposed(Trecker,Levy, O'Brien, Chandler, and laizzo) and resulted in a tie, and the motion was not ,assed. Vice Chairman Cravens made a motion, second by Dr. Trecker to install a pedestrian-activated ashing light at the North Tram station mid-block crossing similar to the crossing on Myra Janco Daniels Boulevard The Board voted unanimous! in avor and the motion was 'assed Mr.Carr and Mr.Oliver said the bollards with the sensors would be installed as specified by the MUTCP.1 A short recess was taken then the Board reconvened. NORTH POINTE DRIVE CROSSING(CHANDLER) Mr.Chandler suggested reconfiguring the North Pointe Drive crossing to improve pedestrian safety. Mr.Carr explained there most likely is a reason the existing crosswalk is located to the west of North Pointe and recommended prior to making any changes to the design that a traffic-count study is performed and subsequent changes would require a new permit. Mr. Chandler made a motion, second by Vice Chairman Cravens that when installing the new brick crosswalk at North Pointe Drive across Pelican Bay Boulevard that the crossing be located to align with the eastern sidewalk of North Pointe Drive. The Board voted 3 in favor(Cravens, Trecker, and Chandler and 6 o osed Gibson,Dallas, Womble,Le ,O'Brien and laizzo and the motion ailed. PATHWAYS Mr.Dorrill said at the April 11 meeting,the Board affirmed constructing 8-feet wide pathways and directed staff to obtain a second opinion from an independent certified arborist to determine the impact to existing trees. Certified arborist, Mr. Ralph B. Jimison visited the site to evaluate the route of the proposed pathways project. Mr. Jimison concluded it was necessary to remove approximately 5 trees and outlined his recommendations to accomplish root pruning without causing damage. However Mr. Jimison's findings appeared to contradict with Signature Tree 8553 January 2,2013 Pelican Bay Services Division Board Regular Session 9ai. Clam Bay transition comments by Dave Trecker Page 1 of 1 _ December 15, 2012 6 2 A 17 One-way communication with PBSD directors: Since I will be up north and unable to attend the December 27 meeting of the Clam Bay Subcommittee,I want to pass on the following thoughts. It is essential the PBSD move quickly to assume its assigned responsibility for managing all facets of the Pelican Bay Conservation Area,including Clam Bay.It is a responsibility assigned by the Board of County Commissioners.It is not an option.And at least some of us feel it is an important opportunity for the PBSD. I have been assured that county staff and the Pelican Bay Foundation will assist in the transfer of those responsibilities to the PBSD.Everyone appears to be on board. There are,by my count,four areas of management.Action will be needed,I believe,in three of the four areas. (1) Clam Pass dredging-how to handle the permitting and how to manage the dredging. Regarding permitting,there are two obvious possibilities:Withdraw and replace the active application or revise the active application.Changes to be considered are the permittee,which now should be the PBSD; width of cut at the mouth,which probably should be changed to"no more than 80 feet;"and triggers for dredging,which could be specified based on input from Tim Hall and Ken Humiston or left qualitative.Timely issuance of a permit to deal with the current shoaling is obviously important. Our agents could be Turrell Hall Associates and Humiston&Moore,the advantage being they know Clam Pass and are local,or Adkins,the advantage being it prepared the existing dredging permit application. (2) Water purity-transfer of data and ongoing sampling and monitoring. Things to be monitored include nutrient levels (dissolved nitrogen and phosphorus),dissolved oxygen, bacteria and copper. Transfer of all data from the county and the Foundation should be straightforward,as should assignments of future sampling by the PBSD. Adkins could be retained,reporting to the PBSD,for data analysis,or this could be assigned to Tim Hall and the local folks. (3) Hydrolytic measurements-tidal flow and bathymetry. Ken Humiston already does analysis of flow measurements for the PBSD.We should probably have him do bathymetry as well;he used to do that some years ago.I believe sampling for bathymetric data would have to be transferred from the county. (4) Mangrove maintenance Tim Hall already does a terrific job for the PBSD. The Seagate lawsuit is another matter,which should be addressed separately. I personally feel we should involve the Foundation in a constructive partnership,not only during this transition period but later in proactive management of the conservation area. I hope these comments are helpful.I have great confidence in Neil Dorrill and in Susan O'Brien and her committee. Good luck! Dave Trecker January 2,2013 Pelican Bay Services Division Board Regular Session 9ai. Clam Bay transition comments by Kathy Worley Page 1 of 2 1612 A December 12, 2012 Re: Clam Bay Management Plan Dear Pelican Bay MSTBU Board Members: I am writing in response to the responsibility given to you by the County Commission and the December 11th Commissioner's meeting to develop and implement a management and monitoring plan for Clam Bay. The idea to manage Clam Pass and the Bays as a whole is something that I have advocated for since the early 90's, There is a need for a comprehensive plan to protect the estuary, which consists of environmental resources that are found in the Pass, Bays, Tributaries and the landward habitats including the mangrove forests, scrub and dunes. Given that the Pass is only — 50% functional I think it would behoove you to first concentrate on getting a dredging permit before the wet season gets here and then take some time to develop a management and monitoring plan that addresses the concerns of the entire estuary. I believe you does not have to start from scratch regarding the dredging permit as the one currently in the hands of FDEP could be tweeked (i.e. the width of the dredge cut and footprint, etc. if you so desire) to accomplish in the short- term resolving flow and phase lag issues in the back bays that were illustrated in the current Humiston and Moore report. By separating out the dredging permit for the moment and keeping it under the auspices of the Mangrove Restoration Plan you could get the Pass operating on all cylinders again and take the time necessary to develop and true management and monitoring plan for the estuary that would include the dredging permit as a part of the tools needed to alleviate future pass closures or inefficient estuarine function. I urge you to establish a working group that includes all of the stakeholders that have worked to preserve this system and have the scientific expertise necessary to assist in Plan development. In particular those groups that were a part of the original "working group" in the 90's that dealt with the mangrove die-off problem (the Conservancy, Audubon, MAG, and Collier County Natural Resource Department, etc.) not only have a vested interest, but have the expertise along with Turrell, Hall and Associates, and should have direct input into a new Management Plan for the area. "The fundamental objective of mangrove management is to promote conservation, restoration or rehabilitation and sustainable use of mangrove ecosystems and their associated habitats, supported where necessary by ecological restoration and rehabilitation" (World Bank et al., 2004). The original Clam Bay Management Plan was developed to restore the mangrove forests and was very successful. Moving forward we need to not only focus on the health and viability of the mangrove forest (though they are near and dear to my heart!), but the entire ecosystem and its recreational uses. The plan should have the objective of sustaining the entire estuary, which would include the mangrove forest, benthic habitats and invertebrates (seagrasses and other organisms that _ January 2,2013 Pelican Bay Services Division Board Regular Session 9ai. Clam Bay transition comments by Kathy Worley Page 2 of 2 Kathy B. Worley 16 'r 2 A 17 Re: Clam Bay Management ement Plan December 12, 2012 Page 2 makeup the bottom of the food chain), fish, birds, the dune and waterway systems, water quality, hydrology, etc. since all of these components are interconnected and vital in order for the estuary to be "healthy". It is generally recognized by ecologists, ichthyologists, managers and policy makers that mangroves are tightly linked by adjacent ecosystems and that managing them in isolation is unsustainable (Ellison, 2008). Taking the time to fully vet a management plan is the prudent approach that will lessen the chance of making snap decisions that may be inappropriate in pushing forward a plan quickly. Thus concentrating first on getting the dredging permit and then taking time later to develop a management plan seems the most logical route forward. Thank you for your time and consideration. Sincerely, Kathy B. Worley Director of Science, Conservancy of Southwest Florida 239-403-4223 kathyw @conservancy.org January 2,2013 Pelican Bay Services Division Board Regular Session 4 9aii. 12/18/12 correspondence from Linda Elligott,USACE to Gary McAlpin,Coastal Zone Management re:permit application SAJ-1996-02789-Clam Pass Page 1 of 2 1612A1 7 Original Message From: Neil Dorrill [mailto:Neil @dmgfl.com] Sent: Tuesday, December 18, 2012 11:24 AM To: ResnickLisa Subject: FW: SAJ-1996-02789 Clam Pass project - application and management items - status note (UNCLASSIFIED) Original Message From: McAlpinGary [mailto:GaryMcAlpin!,colliergov.net] Sent: Tuesday, December 18,2012 9:30 AM To: OchsLeo; CasalanguidaNick; LorenzWilliam;Neil Dorrill; Neil Dorrill Subject: FW: SAJ-1996-02789 Clam Pass project - application and management items - status note (UNCLASSIFIED) FYI -Received this last night from Linda Elligot- USACE. Original Message From: Elligott, Linda A SAJ [mailto:Linda.A.Elligott(&,usace.army.mil] Sent: Monday, December 17, 2012 5:41 PM To: McAlpinGary Subject: SAJ-1996-02789 Clam Pass project - application and management items - status note (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats:NONE Gary, I received an email from Georgia Hiller (as below) which indicated that this project will be revised. The email was also sent to USFWS/Howe and NMFS/Sramek. As a result, USFWS has informed the Corps that the ESA consultation has been suspended and the draft Biological Opinion that you have reviewed/provided comments for in concert with the ongoing Corps permit review will not be completed in the previously-stated timeframe. Due to pending project revisions, the need for revised plan sheets and uncertainty with respect to Collier County management for a long-term permit of this nature, the Corps intends to withdraw this project. A formal letter will be sent to you as the on-record point of contact for Collier County; a copy will be forwarded to Atkins/Tabar as the consultant of record. The file may be re-activated with provision of an updated application and a complete submittal. Note that the project, when re-activated, would be subject to review by NMFS-PRD for potential impacts to swimming sea turtles and the smalltooth sawfish; this type of consultation may take 10-12 months from the date of consultation package"completion",based on current turnaround times. If you have any questions,please do not hesitate to contact me. Thanks, Linda r _ January 2,2013 Pelican Bay Services Division Board Regular Session 9aii. 12/18/12 correspondence from Linda Elligott,USAGE to Gary McAlpin,Coastal Zone Management re:permit application SAJ-1996-02789-Clam Pass Page 2 of 2 1612 Al ? <START COPY> Please be advised that the Collier Board of County Commissioners voted this week to transfer management of the Clam Bay System back to the County's Pelican Bay Services Division - Neil Dorrill, Administrator. The Board of County Commissioners took further action to direct a revision of the Clam Bay Management for dredging activities within Clam Pass, and that dredging permits be amended accordingly. Specific details of changes to this project will be provided to the Corps as soon as they are available. The dredging plan will be consistent with updates that will be made to the existing Clam Bay Management Plan. We believe the changes will remain within the scope of the current application. As such, please continue the ongoing coordination with the resource agencies. With thanks- Commissioner Georgia Hiller, Esq. Chair, Board of County Commissioners <END COPY> Linda A. Elligott Project Manager U.S. Army Corps of Engineers Fort Myers Regulatory Office 1520 Royal Palm Square Blvd., Suite 310 Fort Myers, FL 33919 Telephone: 239-334-1975 x 22 email: linda.a.elligott @usace.army.mil Classification: UNCLASSIFIED Caveats: NONE January 2,2013 Pelican Bay Services Division Board Regular Session 10. Setting Priorities(Keith J.Dallas) Page 1 of 2 Setting PBSD Priorities By Keith J. Dallas 2 A 7 As I end my term as your Board Chair, I have started to take inventory of the issues that I feel are outstanding, in order to avoid items being inadvertently forgotten. That process has highlighted the number of important projects in which the PBSD is currently involved, and the need to prioritize them so that the most important ones are accomplished as needed. The following are my thoughts. They are given to encourage the Board to think about priorities and develop your own priorities. 1. Clam Bay Dredging - This has to be the number one priority, and needs immediate attention. The PBSD has to have a seamless transition from the CZM/Foundation, and do the permitting/dredging project on as fast a track as possible.Anything else is unsatisfactory. 2. Solving the Copper Sulfate Problem - Although there is some time to fully solve this problem, it still has to have very high priority. The solution(s) are probably very complex, and will involve trying various ideas and then monitoring results. It also involves community communications and working closely with major abutting landowners. All that will take a huge effort from staff and the PBSD Board, and will not occur quickly. There is only 5 years to solve this problem. 3. Taking Over Various CZM/Foundation Functions - The intent is that PBSD step into roles that have recently been done by either CZM or the Foundation. Staff and the Board should spend time to make sure nothing slips through the cracks and consider if there are other additional functions that are needed. This will take time and effort over the next few months. 4. Tree Canopy/Pathway/Bike Lane Study - I think the timing of this project is most debatable. Its urgency has been diminished with the repaving of the Pelican Bay pathways.Although the study would be useful, it's immediate importance pales in comparison with the items above. Given it will take a lot of resources and staff/Board time, should you consider delaying most of this for a year or two? The pathways probably won't need work for a couple of years or more, and the County has now delayed the repaving schedule for the Boulevard to 2019 (and therefore the need to decide on possible bike paths). Maybe you should merely hire the arborist to provide status on the current health of the tree canopy and the best ways to maintain (and possibly enhance) the health of the trees, assuming no immediate pathway changes. The rest of the project can wait. r January 2,2013 Pelican Bay Services Division Board Regular Session 10. Setting Priorities(Keith J.Dallas) Page 2 of 2 Setting PBSD Priorities 1 6 12 A 17 By Keith J. Dallas t Page 2 5. Ongoing Landscape Improvements - This almost falls into the normal maintenance mode. Each year staff will upgrade further sections of our landscape, as time and money allows. 6. Crosswalks - Hopefully a decision will be made at the January 2nd meeting regarding any modifications at the San Marino crosswalk. Hopefully that will also provide the direction for future crosswalks. Once that is decided, minimal effort will be needed deciding on when and where future crosswalks are built. 7. Repaving Pelican Bay Boulevard - The County has now said the Boulevard will not be repaved until Fiscal 2019. The Board will have to decide if that is acceptable, and if not what can practically be done. Although I agree the current road condition is cosmetically very poor, I personally would defer discussions of this until other items have been solved and you are sure of the PBSD's financial status. 8. Replacing Street Lighting-At some point the PBSD needs to hire an expert to advise you of the current state of the art of LED lighting, and update the cost estimates provided by Wilson Miller. The original study said the fixtures should be replaced in 4 to 7 years from now. However given the time needed to update the study, decide on a specific technology and look, and communicate to the community, a couple of years lead time is needed. Once staff and Board get beyond the current high priority issues, thought should be given to start the process and maybe do a demonstration project. It is my hope that the Board will start to discuss priorities at the January 2nd meeting.Anything that can be lowered in priority will give everyone more time to work on immediate issues. Keith 1612417 ORDINANCE NO. 2013 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-27, AS AMENDED, WHICH CREATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT, BY AMENDING SECTION FOUR, PURPOSE; POWERS; SECTION SEVEN, CREATION OF THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE KNOWN AS THE PELICAN BAY SERVICES DIVISION BOARD; SECTION EIGHT, COMPOSITION, NOMINATION AND APPOINTMENT; AND SECTION ELEVEN, OFFICERS; QUORUM; RULES OF PROCEDURE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 28, 2002, the Board of County Commissioners (Board), adopted Ordinance No. 2002-27, which superseded, repealed, and consolidated prior ordinances relating to the Pelican Bay Municipal Service Taxing and Benefit Unit("Unit"); and WHEREAS, the Board subsequently amended Ordinance No. 2002-27 by adopting Ordinance No. 2006-05 and Ordinance No. 2009-05; and WHEREAS, the Board desires to further amend Ordinance No. 2002-27, as amended, in order to clarify that 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; to add a non-voting member recommended by the Pelican Bay Foundation; and to create a system of rotating officers for the Unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2002-27, AS AMENDED. Section Four is hereby amended 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 Words Underlined are added;Words Struck Through are deleted. Page 1 of 4 1612 Al ? 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 TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2002-27,AS AMENDED. Section Seven is hereby amended as follows: SECTION SEVEN: Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee Known as the Pelican Bay Services Division Board. Concurrent with the passage of the Ordinance, an 11 member advisory committee to be known as the Pelican Bay Services Division Board (PBSD Board) is hereby created. Those individuals who are members of the PBSD Board pursuant to Collier County Ordinance No. 90- 111, as amended, as of the moment prior to the effective date of this Ordinance, shall continue on as members of the PBSD Board until March 31st of the year in which their term would have expired as set forth in the prior ordinances, and shall continue to hold over and serve in that capacity until their position is filled as provided for in this Ordinance. In addition, there shall be 1 non-voting member nominated by the Pelican Bay Foundation in the manner set forth below. This non-voting member shall not be subject to the voting requirements set forth below. SECTION THREE: AMENDMENT TO SECTION EIGHT OF ORDINANCE NO. 2002-27,AS AMENDED. Section Eight is hereby amended as follows: SECTION EIGHT: Composition, nomination and appointment. A) The PBSD Board shall be representative of the residential, business and commercial interests and landowners in Pelican Bay. To that end, nine of the PBSD Board members shall be representative of the residential interests within the Unit and two of the PBSD Board members shall be representative of the commercial and business interests within the Unit. The non-voting member shall be recommended for appointment by the Pelican Bay Foundation. The non-voting member should be an individual who is not related to and who is independent of the other Board members and County employees, with no apparent conflict of interest or appearance of impropriety. Members of the PBSD Board shall be appointed by and serve at the pleasure of the Board of County Commissioners pursuant to the procedure outlined herein. The nine (9) PBSD Board members representative of the residential interests within the Unit, and the non-voting member recommended for appointment by the Pelican Bay Foundation, shall be residents of and qualified Words Underlined are added;Words Struck Through are deleted. Page 2 of 4 1612 A1 �' electors within the Unit. The two PBSD Board members representative of the commercial/business/other interests shall be residents of and qualified electors in Collier County. ********** SECTION FOUR: AMENDMENT TO SECTION ELEVEN OF ORDINANCE NO. 2002-27,AS AMENDED. Section Eleven is hereby amended as follows: SECTION ELEVEN: Officers; quorum; rules of procedure. A) At its earliest opportunity, the membership of the PBSD Board shall elect a chairman and vice chairs from among the members. Officers'terms shall be for one year, with no eligibility for re-election. Officer's terms are to be on a rotating basis, with no member allowed a second term for the same office unless all members have previously served in that position. This provision shall be retroactive for one year prior to the adoption of this ordinance, and shall apply to all current officers and members. ********** SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SEVEN: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Words Underlined are added;Words Struck Through are deleted. Page 3 of 4 1612 417 PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida,this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk , CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Words Underlined are added;Words Struck Through are deleted. Page 4 of 4 January 2,2013 Pelican Bay Services Division Board Regular Session 11. Changes to Pelican Bay Services Division Ordinance 2002-27(Keith J.Dallas) Page 7Comments on n Proposed Proposed PBSD Ordinance 1 2 By Keith J. Dallas 1 b The Board of County Commissioner has proposed a new County Ordinance that redefines the responsibilities and operations of the PBSD. Commissioner Hiller has requested that individuals who have ideas about how the Ordinance could be improved contact the County with ideas before the Ordinance is considered in January. The following are areas on which the PBSD Board may want to consider making comments: • The proposed ordinance limits Chairman and Vice Chairman terms to one year, and says, "...with no member allowed a second term for the same office unless all members have previously served in that position". Given the difficulty the PBSD has had in filling Board openings, a literal reading of this section could further discourage individuals to run for the Board. A better approach might be to say, "... unless all members have been given the opportunity to serve in that position". Thus individuals not interested in becoming Chair could decline. • Another way to encourage rotation of the Chair would be to limit a person to one term as Chair during their 4-year term as member of the Board. In a second term they could serve another term as Chair. • I can personally attest to the challenge of serving as Chair, particularly in the first year. If the BCC is amendable, could the term as Chair be limited to 2 year? This would give the position more continuity. • Ideally the terms should coincide with the election of the new Board, i.e. first meeting in April. Some thought should be given at some point to extend one time a Chair's term to more than 12 months to put the terms on an April to March time frame. • Currently the residential member terms are staggered to have 4 open one year, 3 another, 2 another, none the last year. The County could consider staggering this year's election appointments so that the pattern will be 2 members in 3 of the years, with 3 members the 4th year. Details of this approach have been discussed in prior PBSD meetings. I would like to have the Board discuss these and other ideas they feel appropriate at our January 2nd meeting, with the consensus of the Board forwarded to the County for possible incorporation in the proposed Ordinance. Keith J. Dallas January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 1 of 18 1612417 Possible Rules for PBSD Meetings The question has been raised about the appropriateness of the current methods the PBSD is using to conduct meetings, and to what extent Robert's Rules apply. The purpose of the following is to discuss our current practices, where I see them not working, and possible ways they could be changed. My intent is to encourage Board members to begin thinking about possible approaches so that at a future meeting we jointly can decide which approaches are most desirable. Community Input Currently we allow 3-minute comments on each individual subject, as well general comments at the end of the meeting. Individuals are supposed to speak only once on each subject (although I have not done a good job policing that rule). The problem is that especially on controversial matters, comments can take a huge amount of time, often with the same thoughts being said again and again. Recent meetings have been long, with topics at the end of the agenda having to be carried to the next meeting. Looking at what other area Boards do: • The Foundation allows 3 minutes at the beginning of the meeting for general member comments, plus an additional minute before any specific Board action is taken. • The BCC allows 3 minutes on any subject, including general topics at the beginning of a meeting. However individuals must sign up to speak BEFORE the subject begins to be discussed. Individuals may also cede time to others. • County committees often function like the BCC. The issue is how we can speed up our meetings without instituting procedures the public will feel unduly limits their input?At a minimum I intend to more strictly enforce our current rules. However I would encourage a Board discussion of any other ideas. Amending a Previously Adopted Motion The situations where Board members want to revisit prior Board votes are probably the most controversial. Our recent multiple votes on the width of our pathways are a classic example. How do we allow revisiting prior decisions without creating chaos and encouraging gamesmanship? January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 2 of 18 1612417 Some possibilities are: • Currently we allegedly use Robert's Rules. It allows motions during the same meeting to be revisited ("reconsideration") only if a Board member who voted with the prevailing side of the prior vote makes the motion to reconsider. The losing members can't bring the motion up again that day. Motions voted in prior meetings can be brought up by anyone. If they have been "properly noticed" before the meeting, a simple majority can "amend something previously adopted". If not properly noticed, a 2/3rd majority vote is required to change the vote (more on this later). • We could require, like the BCC, that any motion to reconsider, even in subsequent meetings, can only be raised by a Board member who voted with the prevailing side of the prior vote. • Alternatively we could allow any Board member to make a motion to amend something previously adopted,with proper notice,but require a more substantial vote for passage (for example, a super majority or 2/3rd majority). The real question is how comfortable the Board is with making it more difficult to revote previously decided matters, and what are the kind of rules are we should use? Prior Notice of Motions To Be Considered The above discussion highlights an area that has concerned me, to what extent should the community and other Board members have notice that a particular motion will be considered at a particular meeting? Some of our more contentious votes have happened when some member wanted a vote on an item that caught people by surprise. Not only had other Board members not had a chance to think about a subject in depth, people in the community who felt one way or another on the subject often did not even come to the meeting. Some possibilities: • Roberts Rules has no requirement for noticing most motions, other than the above-mentioned motion to amend something previously adopted. • The Foundation includes any motions to be voted in their agenda. Some specific items must actually be discussed at 2 consecutive meetings and then require a super majority vote. (The PBSD only requires a majority vote, but the Budget must have at least 7 Board members present for the vote). • The BCC also includes all motions to be considered in their agenda, and requires super majority votes on some items. January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 3of18 or iv 16 I Y6 I would like a Board discussion regarding your desires for requiring or not prior notice of motions to be considered at upcoming PBSD meetings. Other Procedures? Are there other situations where we want Robert's Rules to be modified? If so, please think about them and contact Lisa so your thoughts can be distributed in advance of the meeting where we discuss these matters. KID January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 4 of 18 Al ? 16I 2 J. :\ -S By AI ORDINANCE NO. 2012- 15 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO.75-16,AS AMENDED, IN ORDER TO REVISE PROCEDURES FOR =: . ` RECONSIDERATION OF LAND USE MATTERS; PROVIDING FOR --' CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSIO:IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 22, 1975, the Board of County Commissioners (Board) adopted Ordinance No. 75-16 which established the time,place and conduct of its meetings;and WHEREAS, subsequent amendments to Ordinance No. 75-16 reflect the evolving practices and procedures relating to the meetings of the Board of County Commissioners;and WHEREAS,the Board desires to amend Ordinance No. 75-16,as amended,as it relates to a request for reconsideration by a petitioner. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED. Section One is hereby amended as follows: 7. Reconsideration of land use matters a. Applicability. Any matter in which the Board of County Commissioners or Board of Zoning Appeals,as the case may be,has denied a request to change the land use designation of a parcel of land, a request for site specific rezone initiated by a petitioner or his or her agent, variance,conditional use, license,permit or other land use-related request. b Request for Reconsideration by Petitioner. A request for reconsideration may be made only by the petitioner. The petitioner may request reconsideration of a petition in writing to the County Manager no later than 15 days from the date of the Board's action denying the original petition. Except as provided below, Phis request shall be jurisdictional, and no motion for reconsideration may be made by any member of the Board where such a request was untimely. If State or Federal submission and/or approval schedules pertaining to the petition are extended within 6 months following the denial of the original petition,upon Public Petition initiated by the petitioner,the Board may extend petitioner's request for reconsideration by majority vote,and on a second motion made by any Commissioner,place the issue of reconsideration for a date certain on which the action or petition will be reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than 45 days from the date the motion to reconsider is adopted. Underlined text is added;Struck through text is deleted Page 1 of 3 January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 5 of 18 1612 417 c. Motion for reconsideration by a Board member who voted in the majority. Any member of the Board who voted with the majority(or in the case of a rezoning or change in land use designation,voted against)on the original action or petition may move for a reconsideration of the action or petition at any regular meeting of the Board within 15 days of the date of the request for reconsideration. If no regular meeting of the Board occurs within 15 days of the request for reconsideration, the Board member may move for a reconsideration of the action or petition no later than the first meeting of the Board that follows the County Manager's receipt of the request for consideration. This motion shall be made during that portion of the Board's agenda entitled "Board of County Commissioners." If no motion for reconsideration is made during this time period,the request shall be deemed denied. The motion may specify a date certain on which the action or petition will be reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than 45 days from the date the motion to reconsider is adopted. * * * * * SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such,and the word"ordinance"may be changed to"section," "article,"or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State,and shall apply to all land use petitions that were denied after December 1,2011. Underlined text is added;Sii11444041gh text is deleted Page 2 of 3 January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 6 of 18 _ 1 6 1 2 A17 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this 2,-1E,ciay of ,kr_,....., 2012. ATTEST:-0'n 7;,,,, BOARD OF COUNTY COMMISSIONERS DWIG13 `E:` ROCI4,CLERK COLLIER COUNTY, FLORIDA C . B ,, y 4, '''-.":>CH J clerk FRED W.COYLE,CHAI N i 1 Gaseireop iklV Ap I ov • : to form and a ..r� i •-ncy: 1,11 Jeffr.i 1. Klatzkow Coun . ttomey This ordinance filed with the Mary of tote';Office day ofvc4/l, and acknowledgement of that fill rec ived this 5Thl day of Zo/ B ' o•auey Cisek Underlined text is added;StRisk.through text is deleted Page 3 of 3 January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 7 of 18 1612 Al ? STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2012-15 Which was adopted by the Board of County Commissioners on the 27th day of March, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of March, 2012 . DWIGHT E. BROCK Clerk of Courts and eloo k, Ex-officio to County Commiss±on, r :y. Teresa Polaski, Deputy Clerk i January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 8 of 18 1612 Al ? Sec.2-36.-General provisions. Sec.2-37.-Addressing the Commission. Sec.2-38.-Sergeant-at-arms. Sec.2-39.-Action to be taken by resolution,ordinance or motion. Sec.2-40.-Adiournment. Sec.2-41.-Reconsideration of matters generally. Sec.2-42.-Reconsideration of land use matters. Sec.2-43-2-65.-Reserved. Sec. 2-36. -General provisions. (a) Regular meetings. The Board of County Commissioners shall normally hold its regular meeting at 9:00 a.m. each second and fourth Tuesday, except on a day designated as a holiday, interim recess, or as otherwise directed by an affirmative vote of the majority of all Board members present. Meetings may be postponed or cancelled by an affirmative vote of the majority of all Board members present. Meetings shall normally be held at the Collier County Government Center and shall be open to the news media and the public. Meetings may be held in other locations within the County. (b) Special meetings. When the Chairman or a majority of the Board calls a special meeting, the County Manager or his designee shall notify the Clerk, the County Attorney, and issue press releases advising of the place, date and hour of the meeting and the purpose for which the meeting is called. (c) Agenda. There shall be an official agenda for each meeting of the Board, which shall determine the order of business conducted at the meeting. (1) The Board shall not take action upon any matter, proposal, report or item of business not listed upon the official agenda, unless a majority of the Board present consents. (2) The County Manager shall prepare each agenda in appropriate form approved by the Board. Matters may be placed on the agenda by the County Manager, any County Commissioner, the Clerk, the County Attorney, and the constitutional officers. The agenda shall be prepared and distributed not later than four days preceding the regular meeting. (3) Prior to the publishing of the agenda, matters placed on the agenda should include as much supporting documents, information, and materials as is needed to aid the Board in its preparation and deliberation of the agenda item. Documents, information and materials will not be accepted by the Board following publication of the agenda. Should additional documents, information and materials be presented to the Board following publication, the Board may, by a majority vote of those present, elect to either continue the agenda item to a future Board meeting, or waive this requirement and hear the matter if it determines that the agenda item is of significant public importance and should not be postponed. (4) All requests for a continuance of an agenda item, including matters advertised for a public hearing, require Board of County Commission approval. No person shall be entitled to rely for any reason upon any assurances that an agenda item or public hearing will be continued. A continuance shall only be granted by an affirmative vote of the majority of the Board Members present. (d) Presiding officer, election, duties. The presiding Chairman and Vice-Chairman shall be elected by a majority of the members of the Board of County Commissioners and said election shall occur at the first regularly scheduled Board meeting in January of each year. In the event that the Chairman and/or the Vice-Chairman are not reelected as Commissioners in any given year, unless a Special Meeting is called, the Board of County Commissioners shall elect a January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 9 of 18 1612 A17 Chairman and/or Vice-Chairman, as applicable, at the first regularly scheduled Board meeting on or after the second Tuesday after the election to temporarily serve until the first regularly scheduled Board meeting in January at which time the scheduled election shall take place. However, the Chairman and the Vice-Chairman shall serve at the pleasure of the Board. The Vice-Chairman shall preside in the absence of the Chairman. With respect to all matters outside of meetings (see subsection (e) below), in the absence of both the Chairman and the Vice-Chairman, the immediate past Chairman shall act as temporary Chairman, and if there is no immediate past Chairman, then the longest tenured Commissioner shall so act. The Chairman shall become the presiding officer immediately after his or her election. The Chairman shall preserve order and decorum at all meetings. He shall state every question and announce the decision of the commission on each item of business. The majority vote of the members present shall determine all questions of order not otherwise covered. The Chairman may vote on any question, his or her name being called last. The Chairman shall sign all ordinances, resolutions and legally binding documents adopted by the Commission during his or her presence. In his or her absence, such ordinances, resolutions and legally binding documents shall be signed by the presiding officer. (e) Call to Order. At the hour appointed for the meeting, the Chairman shall immediately call the Commission to order. In the physical absence of the Chairman, and the Vice-Chairman, the Board members present shall elect a temporary Chairman and a temporary Vice-Chairman by majority vote, and the Chairman so elected shall then call the meeting to order and shall serve until arrival of the Chairman or Vice-Chairman. (f) Quorum. A majority of the Board shall constitute a quorum. No resolution, legally binding document or motion shall be adopted by the Board without the affirmative vote of the majority of all members present. Should no quorum attend within 30 minutes after the hour appointed for the meeting, the Chairman, Vice-Chairman, or in their absence, the Clerk or his designee, may adjourn the meeting. (g) Super-Majority Exception. Whenever provided by general law, special law, ordinance, or as specified by resolution adopted by a majority of the full membership of the Board, and notwithstanding subsection (f), a motion, ordinance, legally binding document or resolution may be required to be adopted by an affirmative vote of four-fifths (4/5) of the full membership of the Board. (h) Rules of debate. The following rules of debate shall be observed by the Board. Except as herein provided questions of order and the conduct of business shall be governed by Robert's Rules of Order. (1) Motion under consideration. When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These countermotions shall have preference in the order in which they are mentioned, and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the members present. (2) Chairman participation. The presiding Chairman may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a Commissioner by reason of being the presiding Chairman. (3) Form of address. Each member shall address only the presiding officer for recognition, shall confine himself to the question under debate, and shall avoid personalities and indecorous language. (4) Interruption. A member, once recognized, shall not be interrupted except by a call to January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 10 of 18 1612 2 Al7 order or as herein otherwise provided. If a member is called to order, he shall stop speaking until the question is determined by the presiding officer. Any member may appeal the decision of the Chairman to the Board for decision by majority vote. (5) Privilege of closing debate. The Commissioner moving for the adoption of an ordinance, resolution or other act shall have the privilege of closing debate unless otherwise directed by the Chair. (6) The question. Upon the closing of debate any member may require a roll call vote. Any member may give a brief statement or file a written explanation of his or her vote. (i) Minutes. The minutes of prior meetings approved by a majority of the members present shall become the official minutes. Each resolution, ordinance and legally binding document shall be signed by the presiding officer at the meeting and by the Clerk and entered in the minutes. (Ord. No. 75-16, § 1(1); Ord. No. 85-20, § 1; Ord. No. 87-14, § 1; Ord. No. 89-04, § 1; Ord. No. 90-27, § 1; Ord. No. 2007-02, §§ 1-3; Ord. No. 07-50, § 1; Ord. No. 2009-52, § 1; Ord. No. 2011-01, § 1; Ord. No. 2011-17, § 1) Sec. 2-37. -Addressing the Commission. (a) If a subject is not on the agenda for a meeting of the Board of County Commissioners it may be added by motion and an affirmative vote of a majority of all Board members present that the subject should not be delayed until the next meeting. (b) Any person appearing to provide the Board factual information or expert opinion to consider prior to taking official action shall be governed by the following procedure: (1) Prior to addressing the Board the speaker shall approach any podium or any other place otherwise designated by the Board of County Commissioners for this purpose and clearly state his or her full name, home address, the name of the person or entity that he or she represents and the subject of his or her address. (2) Before providing factual information or expert opinion the speaker may ask, and any Commissioner may require the speaker to be placed under the following oath with right hand upraised: "I willfully swear under oath the facts and testimony I furnish this Board to be the truth, the whole truth and nothing but the truth, and not inconsistent or contradictory with other statements made by me under oath." No person shall be required to take this oath more than once in any given day, but shall be reminded he is under oath before again addressing the Board. Each commissioner, shall take the oath one time and be considered under oath during the term of his office. Those asking questions or desiring to comment on a matter before the Board shall not be required to take the oath. Any Commissioner may at any time request such a speaker to take the above oath. (3) Each person shall limit his address to three minutes unless granted additional time by the Chairman or by an affirmative vote of the majority of the Board members present. All remarks shall be to the Board as a body and not to any individual member. No person other than a Commissioner shall discuss directly or through a Commissioner, without authorization of the presiding officer. (4) Any person making impertinent or slanderous remarks or who becomes boisterous January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 11 of 18 1612 Al ? shall be instructed to remain silent by the presiding officer, until permission to continue is granted. (Ord. No. 75-16, § 1(2); Ord. No. 07-50, § 1) Sec. 2-38. -Sergeant-at-arms. The County Sheriff, or his deputy, shall be the sergeant-at-arms at meetings of the Board of County Commissioners and shall carry out all orders of the Chairman to maintain order and decorum. (Ord. No. 75-16, § 1(3); Ord. No. 07-50, § 1) Sec. 2-39. -Action to be taken by resolution, ordinance or motion. Each action of the Board of County Commissioners shall be taken by resolution, ordinance or legally binding document approved as to form by the County Attorney, except approval of administrative matters may be by motion adopted and recorded in the minutes. (Ord. No. 75-16, § 1(4); Ord. No. 07-50, § 1) Sec. 2-40. -Adjournment. A motion to adjourn shall always be in order and decided without debate. (Ord. No. 75-16, § 1(5); Ord. No. 07-50, § 1) Sec. 2-41. -Reconsideration of matters generally. (a) Any matter which has been voted upon by the Board of County Commissioners may be reconsidered as follows: (1) By a motion to reconsider made by a member who voted with the majority if such motion is made prior to the adjournment of the meeting at which the matter was voted upon. If there were no public speakers on the item, or if all of the public speakers for the item are still present in the boardroom following a successful motion to reconsider, the Board may elect to rehear the matter during that meeting, or direct the County Manager to place the item on the agenda for a future meeting as set forth in subsection (2). If there were public speakers for the item, and not all of the public speakers are still present in the boardroom following a successful motion to reconsider, the County Manager will place the item on the agenda for a future meeting as set forth in subsection (2). (2) By a motion to reconsider made by a member who voted with the majority if such motion is made at a regular meeting following the meeting at which the matter was voted upon, but only in accordance with the following: a. Where a member who voted with the majority wishes the Board to reconsider a matter after the adjournment of the meeting at which it was voted on, the member shall deliver to the County Manager a written memorandum stating that the member intends to introduce a motion to reconsider. The memorandum shall state the date of the regular meeting at which the member intends to introduce such motion, and shall be delivered to the County Manager at least six days prior to such meeting. The purpose of this requirement is to allow the staff to advise the Board of the legal or other ramifications of reconsideration. b. No motion to reconsider shall be made any later than the second regular Board meeting following the Board's vote on the matter sought to be reconsidered. January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 12 of 18 1612 A 17 c. Upon adoption of a motion to reconsider, the County Manager shall place the item on an agenda not later than the second regular Commission meeting following the meeting at which the motion for reconsideration was adopted. d. All parties who participated by speaking, submitting registration forms or written materials at the first hearing, shall be notified by the County Manager of the date of reconsideration. (b) This section shall apply to any matters which may lawfully be reconsidered except those matters which are covered by Paragraph 7 below. (Ord. No. 81-54, § 1; Ord. No. 07-50, §2; Ord. No. 2009-52, § 1) Sec. 2-42. -Reconsideration of land use matters. (a) Applicability. Any matter in which the Board of County Commissioners or Board of Zoning Appeals, as the case may be, has denied a request to change the land use designation of a parcel of land, a request for site specific rezone initiated by a petitioner or his or her agent, variance, conditional use, license, permit or other land use-related request. (b) Request for Reconsideration by Petitioner. A request for reconsideration may be made only by the petitioner. The petitioner may request reconsideration of a petition in writing to the County Manager no later than 15 days from the date of the Board's action denying the original petition. Except as provided below, this request shall be jurisdictional, and no motion for reconsideration may be made by any member of the Board where such a request was untimely. If State or Federal submission and/or approval schedules pertaining to the petition are extended within 6 months following the denial of the original petition, upon Public Petition initiated by the petitioner, the Board may extend petitioner's request for reconsideration by majority vote, and on a second motion made by any Commissioner, place the issue of reconsideration for a date certain on which the action or petition will be reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than 45 days from the date the motion to reconsider is adopted. (c) Motion for reconsideration by a Board member who voted in the majority. Any member of the Board who voted with the majority (or in the case of a rezoning or change in land use designation, voted against) on the original action or petition may move for a reconsideration of the action or petition at any regular meeting of the Board within 15 days of the date of the request for reconsideration. If no regular meeting of the Board occurs within 15 days of the request for reconsideration, the Board member may move for a reconsideration of the action or petition no later than the first meeting of the Board that follows the County Manager's receipt of the request for consideration. This motion shall be made during that portion of the Board's agenda entitled "Board of County Commissioners." If no motion for reconsideration is made during this time period, the request shall be deemed denied. The motion may specify a date certain on which the action or petition will be reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than 45 days from the date the motion to reconsider is adopted. (d) Action on motion for reconsideration. The Board shall either act on the motion for reconsideration at the meeting at which such motion is made or may table the motion for no longer than the next regular meeting of the Board. If the motion is not finally acted upon by the adjournment of the next regular meeting of the Board after the motion has been made, it shall be deemed to have been denied. (e) Scheduling of petition for reconsideration. If the motion for reconsideration is granted, the January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 13 of 18 Al ?1 6 1 2 County Manager shall schedule the petition on the agenda for the regular Board meeting which was specified in the motion for reconsideration, or if no date is specified then on the second regular Board meeting following the meeting at which the motion is granted. (f) No hearing or debate on motion for reconsideration. A motion for reconsideration shall not require public hearing, and neither the petitioner nor any other person shall have the right to address the Board considering the merits of such a motion. However, the Board may request information of the petitioner, the staff or any other person in order to better inform itself prior to acting upon the motion. The purpose of this provision is to prevent either the petitioner or any other person from debating the merits of the petition prior to its full consideration at a regularly scheduled Board meeting where the petition is reconsidered. (g) [Procedures outlined.]The procedures outlined herein shall not constitute an administrative remedy, and the defense of failure to exhaust administrative remedies shall not be raised if a petitioner declines to utilize these procedures and instead elects to pursue judicial remedies following the denial of the petition. The time period for seeking judicial relief following denial of those matters contemplated by subsection (a)(2) of this section shall run from the time the Board votes on such matter, and a motion hereunder shall not alter such time period. (h) [Initial vote.] Where the initial vote was made after an advertised public hearing, any reconsideration of such vote shall comply with all advertisement and notice provisions that were legally required for the initial public hearing. (Ord. No. 81-54, §2; Ord. No. 88-41, § 1; Ord. No. 07-50, §2; Ord. No. 2012-15, 1) Land Development Code reference—Zoning amendments,§2.7.2. State law reference— Adoption of rezoning ordinances, F.S.§125.66(5). Sec. 2-43-2-65. -Reserved. January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 14 of 18 10 , Ai - COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE PROCEDURES FOR CLAM BAY ADVISORY COMMITTEE September 24,2009 A. General: 1. Meetings: Regular meetings of the advisory board shall be held on such day,time and place as may be determined by the advisory board, and at a minimum of once a month,except for one month in the summer. 2. Quorum and Voting: At all regular or special meetings of the advisory board, a majority of the membership of the advisory board shall constitute a quorum. Voting shall be by voice unless a member of the advisory board requests a roll call. The roll shall be in alphabetical order with the first name called rotating with each motion upon which the vote is called. The Chairman shall always vote last. A record of the roll call shall be kept as part of the minutes. 3. Special Meetings: Special meetings may be called by the Chairman at any time provided adequate notice is given pursuant to Paragraph 4 below. The chairman may also call a special meeting when requested to do so in writing by a majority of the members of the advisory board or by a County staff member. The notice of such a meeting shall specify the purpose of such a meeting and no other business may be considered except by unanimous consent of the advisory board. All members of the advisory board shall be notified in advance of such special meetings by the staff liaison. 4. Notice and Publication: The staff liaison shall give notice and keep record of such notice of its meetings and the meeting of the subcommittees including the date, time, and location of each regular and special meeting. Notice shall be posted in the county administration building and other appropriate locations as recommended by the advisory board and to the County Public Information Department for future distribution. 5. Open Meetings: All meetings of the advisory board or its subcommittees shall be open to the public and governed by the provisions of Florida's Government in the Sunshine Law. January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 15 of 18 1612 1117 6. Minutes: The minutes of all meetings shall be promptly recorded, and such records shall be open to public inspection, in accordance with applicable law. 7. Location: Meetings of the advisory board, or any of its subcommittees, shall be held in a location accessible to the public. 8. Meeting Agenda: There shall be an agenda for each meeting of the advisory board which shall determine the order of business conducted. The board shall not take action on any matter, proposal, report or item of business not listed upon the official agenda unless a majority of the Board present consents. Any advisory board member, in the case of an advisory board or a subcommittee member in the case of a subcommittee, may place an item on the agenda by submitting it to the Chairman for forwarding to the staff liaison prior to the deadline for publishing the notice of such meeting. The Chairman shall determine whether the item submitted by the board member is relevant to the purposes of the advisory committee. Upon his/her finding that the item is relevant, it shall be included in the agenda. Staff-initiated agenda items are not subject to prior review by the Chairman. 9. Order of Business: The order of business at regular meetings shall be as follows: (a) Call to Order (b) Pledge of Allegiance (c) Roll Call (d) Changes and Approval of Agenda (e) Public Comment (f) Approval of Minutes (g) Chairman's Comments (h) Staff Reports (i) New Business (j) Old Business (k) Announcements (1) Committee Member Discussion (m)Next Meeting Time,Date and Location (n) Adjournment B. Agenda Items Requiring Action(Old Business and New Business): 1. General: All members of the public who address the Board shall utilize the speaker's podium to allow their comments to be recorded, and shall identify themselves by name and local addresses, if applicable. Further, any speaker speaking on behalf of an organization or group of individuals 1 January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 16 of 18 1612 A17 (exceeding five) shall indicate such and shall cite the source of such authority whether by request,petition,vote,or otherwise. 2. Speaker Registration: Persons, other than staff wishing to speak on an agenda item shall, prior to the item being heard, register with the staff liaison on the forms provided. Five (5) or more persons deemed by the Board to be associated together or otherwise represent a common point of view,as proponents or opponents on any item may be requested to select a spokesperson. All persons may speak for a maximum of three(3)minutes each unless otherwise approve by the Chairman. 3. Restrictions on Comments Deemed not Germane to the Item: Notwithstanding any provisions herein, any board member may interrupt and/or stop any presentation that discusses matters that need not be considered in deciding the matter then before the Board for consideration. At any Board proceeding, the Chairman, unless overruled by majority of the Board members present, may restrict or terminate presentations which in the Chairman's judgment are frivolous, unduly repetitive or out of order. C. Order and Subject of Appearance: To the extent possible, the following shall be the order of the proceeding: 1. Preliminary Statement: The Chairman shall read the title of the Agenda item. 2. Initial Presentation by Staff: County staff shall make the initial presentation to the Board regarding any item under consideration. After completion of the staff presentation,the Board may make inquiries of staff at this time. 3. Initial Presentation by Petitioner or Proposer: Petitioner or Proposer shall make the initial presentation to the Board regarding any item under consideration. After completion of the presentation by the Petitioner or Proposer, the Board may make inquiries of the Petitioner or Proposer at this time. 4. Speakers: After Board inquiry, speakers shall be allowed to speak based on the time limitation guidelines outlined in the preceding subsection B above. During and after a speaker's presentation, the Board shall have an opportunity to comment or ask questions of or seek clarification from such speaker. The Board may also allow staff to comment, ask questions of or seek clarification from speakers. 5. Restrictions on Testimony or Presentation of Evidence: Notwithstanding any provisions herein, any board member may interrupt any presentation January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 17 of 18 F t. 2 Ail 7 that contains matters which need not be considered in deciding the matter then before the Board for consideration. At any Board proceeding, the Chairman, unless overruled by majority of the Board members present, may restrict or terminate presentations which in the Chairman's judgment are frivolous,unduly repetitive or out of order. D. Rules of Debate: The following rules of debate shall be observed by the Board. Except as herein provided questions of order and the conduct of business shall be governed by Robert's Rules of Order. 1. Motion under consideration: When a motion is presented and seconded,it is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These countermotions shall have preference in the order in which they are mentioned, and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the members present. 2. Chairman participation: The presiding chairman may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a committee member by reason of being the presiding chairman. 3. Form of address: Each member shall address only the presiding officer for recognition, shall confine himself to the question under debate, and shall avoid personalities and indecorous language. 4. Interruption: A member, once recognized, shall not be interrupted except by the Chairman if the Chairman determines that the member's participation is irrelevant, frivolous or out of order. Any member may appeal the decision of the Chairman to the committee for decision by majority vote. 5. The question: Upon the closing of debate, any member may require a roll call vote. Any member may give a brief statement or file a written explanation of his vote. E. Public Comment on General Topics: Members of the public may register to speak on general topics under the Public Comment portion of the CBAC agenda. The number of speakers permitted to register under public comment on any given agenda shall be limited to a maximum of five, unless the Chairman recognizes additional speakers. 1. Speaker Registration: Individuals wishing to speak to the CBAC under public comment at any regularly scheduled meeting of the CBAC shall January 2,2013 Pelican Bay Services Division Board Regular Session 12a.Old Business-Scheduling meeting to discuss Board policy for reconsideration of votes(John Chandler) Page 18 of 18 16 1 2 A 17 register to speak in writing on the form provided by the County prior to the public comment portion of the agenda being called by the Chairman. F. Conflicts of Interest: Any Member having a potential voting conflict shall publicly state the nature of the conflict at the Clam Bay Advisory Committee meeting and complete Form 8B (Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers) within 15 days of the scheduled meeting. 4.1 ,. �i hn Arceri hairman January 2,2013 Pelican Bay Services Division Board Regular Session 13.Miscellaneous Correspondence-Landscaping Best Management Practices Draft 1.0 Page 1 of 2 1612 Al ? LANDSCAPING BEST MANAGEMENT PRACTICES DRAFT 1.0 Pelican Bay is facing a severe problem. Its waterways — inland lakes and Clam Bay— are being polluted by high levels of fertilizer runoff. Nutrients from the runoff—dissolved nitrogen and phosphorus —cause algae bloom, a threat to aquatic plants and wildlife. To deal with algae buildup, a copper fungicide has been applied over an extended period of time. Through accumulation, copper— itself a pollutant—has reached alarmingly high levels in our freshwater lakes. The maximal acceptable level for dissolved copper is 3.7 milligrams per liter. A higher reading signifies the water body is impaired. Current levels in our 42 lakes range from 12 to 3870 milligrams per liter, with an average of close to 350. We are badly out of compliance. Several approaches are being taken to deal with the problem. (1) The Pelican Bay Services Division (PBSD) is exploring alternatives to copper sulfate as a means of controlling algae. The use of selective bacteria in combination with aeration and littoral plantings will be tested in Basin 3, the central section of the freshwater lakes. If this pilot program is successful, it will be expanded to other basins. (2) To deal with fertilizer misuse, the heart of the problem, the PBSD is undertaking a community awareness program — a follow-on to a recent county ordinance (11-24) which mandates that Best Management Practices (BMP) be followed throughout Collier County. Dealing with this problem is everyone's responsibility. If we are to have clean groundwater and healthy waterways in Pelican Bay, it is essential that fertilizers be used in accordance with BMP. t January 2,2013 Pelican Bay Services Division Board Regular Session 13.Miscellaneous Correspondence-Landscaping Best Management Practices Draft 1.0 Page 2 of 2 16I 2 A 7 Landscaping Best Management Practices Draft 1.0 Page 2 Here is a specific list of things every condominium association, homeowner association and individual homeowner can and should do. • Use only landscape maintenance companies whose technicians are trained and licensed in BMP. During the course of fertilizer application, be sure there is appropriate on-site supervision. • Use fertilizer application rates recommended by the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries. Those can be accessed at http:/fyn.ifas.ufl.edu/professionals/GI-BMP_publications.htm. • Limit nitrogen usage to 4-6 lbs./1000 sq. ft./yr. • Whenever possible, use slow-release fertilizer. • Do not fertilize during the rainy season (June 1 - September 30) or prior to forecasted storms • Be sure no fertilizer is used within 10 feet of groundwater, including lakes, except to establish new landscape and then for no more than 30 days after planting. • When installing new landscape, use drought-resistant plants that require minimal fertilization. • Be mindful that reclaimed water used for irrigation already contains most of the nitrogen and phosphorus needed for grass fertilization. Little or no additional fertilizer may be needed. The Pelican Bay Services Division, working in concert with the Pelican Bay Foundation, urges all residents of Pelican Bay to follow these guidelines. The health of our lakes and our estuary depends upon it. January 2,2013 Pelican Bay Services Division Board Regular Session 13. Miscellaneous Correspondence-Revised paving schedule Page 1 of 1 Original Message A 17 From: John Chandler [mailto johnchandler219 @gmail_com] Sent: Wednesday, December 19,2012 1:31 PM 16 I 2 To: ResnickLisa Cc:Neil Dorrill Subject: Fwd: RM 3948 Hiller/FW: PB Blvd. asphalt rating Pelican Bay Good news from the County. Please advise all Board members. John Chandler From: VlietJohn Date: December 19,2012 10:59:24 AM EST To: HillerGeorgia Cc: CasalanguidaNick,OchsLeo,ChesneyBarbara, MarcellaJeanne, GossardTravis, BlancoAlexander Subject: FW: RM 3948 Hiller/FW: PB Blvd. asphalt rating Pelican Bay Commissioner Hiller: John Vliet, GMD Road Maintenance, has advised that staff has revisited the paving schedule and determined that Pelican Bay Boulevard will be paved in FY 2014/15 as previously scheduled. This determination was based upon utilizing the planning methods in place in FY 2010/11. At present, staff has been working with the Cartegraph(Asset Management System) Pavement View module, which projected paving Pelican Bay Boulevard in FY 2018/19. This information was provided to Pelican Bay Services prematurely. As we are still in the early stages of entering data and making adjustments to the asset management system program,it is too early to use the Pavement View modual at this time for scheduling purposes. On behalf of John Vliet GMD Road Maintenance Barbara Original Message From: OchsLeo Sent: Monday, December 17, 2012 8:56 AM To: CasalanguidaNick Subject: FW: \PB Blvd. asphalt rating/paving schedule Status please Original Message From: HillerGeorgia Sent: Friday, December 07, 2012 2:12 PM To: Josie's IPad; OchsLeo;CasalanguidaNick Subject: Re: \PB Blvd. asphalt rating/paving schedule Leo/Nick: Why was the schedule pushed back? Please provide the updated schedule and the evidence that has precipitated the change. With thanks— Commissioner Georgia Hiller January 2,2013 Pelican Bay Services Division Board Regular Session 13. Miscellaneous correspondence-Pelican Bay Boulevard rating&paving schedule Original Message Page 1 of 1 From: Thursday,December Sent:Thursday,December 06,2012 3:23 PM /LI To:ResnickLisa - Cc:GossardTravis;Kevin Carter(kevin @dmgfl.com) Subject:RE:PB Blvd.asphalt rating Lisa, Yes we do.The estimated time for rehabilitation on Pelican Bay Blvd is 4/13/2019,about 7 years from now.Please remember this is only an estimate.It can change. Thanks Alexander Blanco Inspector Road&Bridge Maintenance Dept. Growth Management Division Tel.239-252-8924 Fax 239-774-6406 AlexanderBlanco@colliergov.net Original Message---- From:ResnickLisa Sent:Thursday,December 06,2012 3:07 PM To:BlancoAlexander Cc:GossardTravis;Kevin Carter(kevin(a)drn tg l.com);ResnickLisa Subject:RE:PB Blvd.asphalt rating 1 ti Alex, As the rating is below 70%,do you have an estimate as to when Pelican Bay Boulevard will be on the schedule for milling and paving? Thanks again,Lisa -----Original Message From:BlancoAlexander Sent:Thursday,December 06,2012 12:50 PM To:ResnickLisa Cc:Kevin Carter(kevin(7n,dmgfl.com);GossardTravis Subject:RE:PB Blvd.-Asphalt Rating'? Lisa, Per our records Pelican Bay Blvd was rated on 8-15-12 and the rating is 66.5%. Thanks Alexander Blanco Original Message From:GossardTravis Sent:Tuesday,November 13,2012 9:41 AM To: ResnickLisa;BlancoAlexander Cc:Frank J.Laney(flanev @pelicanbay.ore) Subject:RE:Current asphalt rating threshold? Hi Lisa,Currently we are looking at numbers below 70,that being said we are currently paving roads in the mid to high 50's. Regards, Travis D.Gossard Sr. Road&Bridge Superintendent Growth Mgmt.Division Collier County Government PH#239-252-8924 Fax4 239-774-6406 Travisgossard a,colliergov.net January 2,2013 Pelican Bay Services Division Board Regular Session 13. Miscellaneous Correspondence-Laurel Oak and Ridgewood Pathways dM Page 1 of 3 Original Message �.,s From: ChesneyBarbara (' I A 17 Sent: Thursday, December 20, 2012 9:58 AM To: ResnickLisa Cc: CasalanguidaNick; OchsLeo; VlietJohn; GossardTravis; WrightTodd; VorthermsJonathan; SheffieldMichael; LukaszKyle; MarcellaJeanne Subject: FW: RM 3917 Resnick/FW: Pathways behind SunTrust(Laurel Oak& Ridgewood) Lisa: Todd Wright,Area Supervisor of GMD Road Maintenance, has just advised that his crews have finished work on the areas that were found to be deficient on 12/14/12. Todd also had them repair a couple of additional areas that he had deemed necessary, so that they would not become deficient within a month or so because of minor root damage that has occurred now. All of the work will be completed by COB today 12/20/12. Please let us know if you have any questions. I am closing this issue out. Happy holidays! On behalf of Todd Wright Sr. Field Supervisor GMD Road and Bridge Maintenance Department Phone#239-252-8924 Barbara Original Message From: ResnickLisa Sent: Wednesday,November 28,2012 11:01 AM To: GossardTravis Cc: VlietJohn; CasalanguidaNick; ChesneyBarbara; WrightTodd; SheffieldMichael; OchsLeo;VorthermsJonathan; Neil Dorrill; LukaszKyle Subject: RE: RM 3917 Resnick/FW: Pathways behind SunTrust(Laurel Oak&Ridgewood) Hi Travis, I called her back. She's happy. This issue can be closed out! Thanks again, Lisa Original Message From: GossardTravis Sent: Wednesday,November 28, 2012 10:52 AM To: ResnickLisa Cc: VlietJohn; CasalanguidaNick; ChesneyBarbara; WrightTodd; SheffieldMichael; OchsLeo; VorthermsJonathan; Neil Dorrill; LukaszKyle Subject: RE: RM 3917 Resnick/FW: Pathways behind SunTrust(Laurel Oak& Ridgewood) Hi Lisa, That area was marked also and will be addressed within thirty days. Regards, Travis D. Gossard Sr. January 2,2013 Pelican Bay Services Division Board Regular Session 13. Miscellaneous Correspondence-Laurel Oak and Ridgewood Pathways Page 2 of 3 Original Message 161 r 2 17 From: ResnickLisa 2 Sent: Wednesday,November 28, 2012 10:06 AM To: GossardTravis Cc: VlietJohn; CasalanguidaNick; ChesneyBarbara; WrightTodd; SheffieldMichael; OchsLeo; VorthermsJonathan; Neil Dorrill; LukaszKyle Subject: RE: RM 3917 Resnick/FW: Pathways behind SunTrust(Laurel Oak&Ridgewood) Hi Travis, I spoke with Mrs. Pratt. She noticed the orange markings along the Ridgewood pathways yesterday and she's extremely pleased that RM is going to address the really bad parts. She asked whether one section on Ridgewood- on the Phil side -starting from the intersection of PBB to the first parking lot entrance-would also be addressed? She said that area was also difficult to walk on. Let me know and I'll get back to her. Thanks very much, Lisa Original Message From: GossardTravis Sent: Tuesday, November 27,2012 3:13 PM To: ResnickLisa; LukaszKyle Cc: VlietJohn; CasalanguidaNick; ChesneyBarbara; WrightTodd; SheffieldMichael; OchsLeo; VorthermsJonathan; Neil Dorrill Subject: FW: RM 3917 Resnick/FW: Pathways behind SunTrust(Laurel Oak&Ridgewood) Lisa/Mr. Lukasz: The area supervisor made a site visit, 11/27/12,and reported that the sidewalk had some root damage that has made portions of the walkway wavy. These areas have been marked and RM will complete the repairs within a 30 day period. The walkway is not in that bad of shape that we would need a complete overlay in these areas. Best Regards, Travis D. Gossard Sr. January 2,2013 Pelican Bay Services Division Board Regular Session 13. Miscellaneous Correspondence-Laurel Oak and Ridgewood Pathways Page 3 of 3 Original Message 1612 A 1 7 From: GossardTravis Sent: Wednesday,November 21, 2012 3:15 PM To: ChesneyBarbara Cc: VlietJohn; LynchDiane; BlancoAlexander; ResnickLisa; WrightTodd; BlancoAlexander Subject: RE: RM 3917 Resnick/FW: Pathways behind SunTrust(Laurel Oak& Ridgewood) Sidewalks were inspected on Laurel Oaks and Ridgewood April of 2012 and are scheduled to be re-inspected April 2013. Currently they are not scheduled for overlay. I will have the Area Supervisor go by next week and look at them to see if there are any immediate issues. We will respond with our findings next week. Thank you, Travis D. Gossard Sr. Road &Bridge Superintendent Growth Mgmt. Division Collier County Government PH# 239-252-8924 Fax#239-774-6406 Travisgossard(acolliergov.net From: ChesneyBarbara Sent: Wednesday,November 21, 2012 2:43 PM To: GossardTravis Cc: VlietJohn; LynchDiane; BlancoAlexander; CasalanguidaNick; ResnickLisa Subject: RM 3917 Resnick/FW: Pathways behind SunTrust(Laurel Oak& Ridgewood) Importance: High RM 3917 w/response due COB 11/27/12. Please provide response to forward to Lisa. Thanks! Barbie Original Message From: ResnickLisa Sent: Wednesday,November 21,2012 1:37 PM To: GossardTravis; BlancoAlexander Cc: ChesneyBarbara; LukaszKyle Subject: Pathways behind SunTrust(Laurel Oak& Ridgewood) Hi Travis and Alex, I received a call today from a Pelican Bay resident(Di Pratt 239-254-1616) stating that the pathways on Laurel Oak Drive(to Ridgewood)and Ridgewood Drive (to Pelican Bay Boulevard)were extremely difficult to walk on- cracked, uneven, etc.. She asked whether these pathways were evaluated recently and/or tentatively scheduled for an overlay like the ones on Myra Janco Daniels? These paths are located next to Waterside shops and adjacent to the Philharmonic. Please let me know. I told her we might not have an answer until Mon. or Tues, so she's not expecting to hear back today. Thanks and happy Thanksgiving. Lisa January 2,2013 Pelican Bay Services Division Board Regular Session 13.Miscellaneous Correspondence-Landscape intersection improvements Page 1 of 1 Original Message From: Keith Dallas [mailto:keithjdallas @ gmail.com] Sent: Friday, December 14, 2012 2:25 PM 16 I 2 Al7 To: ResnickLisa Subject: Fwd: Median Landscaping. Lisa, Please include this email for the Board's information in the January agenda package. Keith Begin forwarded message: From:judesterz @aol.com Subject: Re: Median Landscaping. Date: December 11, 2012 1:02:57 PM EST To: keithjdallas @gmail.com Hi Keith, Thank you so much for your explanation. Still would LOVE to see some color with annuals, but at least you took the time to let us know the rationale. Look forward to the survey. Phil and Judy Gutermuth Original Message From: Keith Dallas<keithjdallas cr,gmail.com> To:judesterz<iudesterzna,aol.com> Cc: Lisa Resnick<LResnick(a,colliergov.net> Sent: Sat, Dec 8,2012 3:24 pm Subject: Median Landscaping. Dear Mr. and Mrs. Gutermuth, Just a note to bring you up to date about the discussions at wednesday's PBSD meeting regarding your question about adding more color at the noses of the medians at certain Pelican Bay Blvd intersections. After some discussion the Board decided to wait for more input from the community before taking any actions. This season we will be distributing a resident survey to all residents which will include questions about the new landscaping.Depending on those responses,we would then revisit the question. The issue of our landscaping and its impact on the environment is complex.The rationale of the re- landscaping approach,besides up dating and freshening our landscape look, was to use materials and design that would reduce the need for water,fertilizers,and especially as it relates to sod, manpower. Pelican Bay has an ongoing problem that as a community we use too much water and fertilizers that then flow into our 42 fresh water ponds and ultimately flow into Clam Bay. The fertilizers then create algae blooms, which historically we have treated with copper sulfate,the most effective tool,but also a toxic material. The Florida Department of Environmental Protection(FDEP)recently informed us that we do have a copper sulfate problem that we must solve in the next 5 years. We are now just starting to explore other,probably less effective and more expensive ways we can solve this problem. Part of that solution will involve finding more ways to reduce fertilizer and water usage throughout our community. As you can see, we have a balancing act to have landscaping we all enjoy and does our community service, while at the same time not taking any actions that will make our environmental problem bigger. Please stay interested in our landscaping and continue to give us your input. Keith January 2,2013 Pelican Bay Services Division Board Regular Session 13.Miscellaneous Correspondence-SFWMD 4- . , Page 1 of 6 (2‘'Irr!. k 6 1 2 SOUTH FLORIDA WATERMANAGEMENT DISTRICT 1612A1 7 111, .. District Headquarters:3301 Gun Club Road,West Palm Beach,Florida 33406(561)686-8800 wwwstwmd.gov December 13, 2012 Neil Dorrill, District Manager ( Pelican Bay Services Division 1 ' Lely Community Development District nF f; I? Pelican Marsh Community Development District 5672 Strand Court Suite 1 Naples, FL 34110 31. Subject: Permit Conversion and Transfer to the Operating Entity Pelican Bay, Permit No. 11-00065-S Lely Resort, Permit No 11-00429-S Pelican Marsh, Permit No. 11-01121-S Pelican Marsh East, Permit No. 11-01568-P Dear Mr. Dorrill, Thank you for discussing the above referenced projects with us on December 10, 2012. A general summary of our conversation and a plan of action leading up to a meeting in January follows: • Your office will provide a list of the recorded Plats, including Book and Page numbers, to SFWMD staff for each project. Actual copies of the plats are not necessary if they are available for download from the Collier County Clerk of the Circuit Court's website. • Upon additional review of each file, we noted that staff has copies of each ordinance and boundary map for each CDD, with the exception of Lely CDD. Please provide a boundary map for Lely CDD. • Although we did not discuss provision of a list of associations within the respective CDD boundaries, we request that you or your staff provide a list of associations within each project area to assist SFWMD staffs research. • SFWMD staff will provide a list of certified applications within each CDD boundary that must be converted to operation and transferred to the respective operating entity(ies) at this time (please see enclosures). Additional information for each application is located on SFWMD's ePermitting website. Okeechobee Service Center:3800 N,W. 16th Blvd.,Suite A,Okeechobee,FL 34972(863)462-5385 Lower West Coast Service Center:2301 McGregor Boulevard,,Fort Myers,FL 33901(239)338-2929 Orlando Service Center: 1707 Orlando Central Parkway,Suite 200,Orlando,FL 32809(407)858-6100 January 2,2013 Pelican Bay Services Division Board Regular Session 13.Miscellaneous Correspondence-SFWMD 4 Page2of6 Pelican Bay, Permit No. 11-00065-S Pelican Marsh, Permit No. 11-01121-S Pelican Marsh East, Permit No. 11-01568-P Lely Resort, Permit No. 11-00429-S 161 2 Al7 December 13, 2012 Page 2 of 2 As you requested, we scheduled three back-to-back meetings for January 23, 2012 at the SFWMD Lower West Coast Service Center, located in Ft. Myers. Attendees will include you, the respective engineering consultants for each project, and appropriate SFWMD staff. The purpose for each meeting is to review all certified applications for each permit to determine the entity(ies) responsible for the operation and maintenance of the surface water management system. This may be the respective CDD, an association, or both a CDD and association as co-permittees/co-operating entities. Please provide contact information for the engineering groups that will meet with staff and the CDD they are associated with, along with specific times for the three meetings, to assist us in scheduling each group. We greatly appreciate your willingness to work with us in resolving these matters. Please provide the above documentation on or before January 2, 2013 to allow staff time to review it prior to the scheduled meetings. Should you have questions or comments, please contact me at sgonzale@sfwind.gov or 561-682-6786. Sincerely, San ilia Gonzalez, egulat ry Speci list 1 Regulatory Support Bureau Regulation Division sg/ Enclosures: Pelican Bay Attachment "A" Lely Resort Attachment"A" Pelican Marsh Attachment"A" Pelican Marsh East Attachment"A" I January 2,2013 Pelican Bay Services Division Board Regular Session 13.Miscellaneous Correspondence-SFWMD 'r Pelican3bay y Environmental Resource Permit History 1612 A 17 Pelican Bay Permit Number: 11-00065-S Certification j Acceptance App. No. Project Name Permit Issue Date Date 950511-3 The Biltmore at Bay Colony 27-Jun-95 18-Jun-10 950511-7 Mansion La Palma at Pelican Bay 29-Jun-95 18-Jun-10 950518-3 The Villa La Palma at Pelican Bay 10-Jul-95 18-Jun-10 950313-2 Breakwater 12-Jul-95 28-Jul-10 X000000559 Pelican Bay Improvement District 19-Oct-78 20-Mar-07 940412-6 The Remington 27-May-94 28-Feb-11 940411-2 Neighborhood Park A Portion of Drainage System V 20-Jun-94 24-Mar-11 960116-1 The Windsor at Bay Colony 10-Apr-96 3-May-11 961125-3 The Marbella at Pelican Bay 6-Jan-97 31-Oct-06 970613-8 Toscana at Bay Colony 30-Jul-97 28-Jul-10 961125-5 The Coronado at Pelican Bay 6-Jan-97 31-Oct-06 970924-6 Marbella/Coronado Project 16-Oct-97 14-May-10 980313-11 Salerno at Bay Colony 10-Apr-98 29-Jul-10 970818-15 Toscana at Bay Colony 12-Sep-97 28-Jul-10 981027-10 Pelican Bay/U.S.41 17-Nov-99 14-May-10 990301-4 Montenero at Pelican Bay 19-Apr-99 23-Mar-11 000518-13 The Trieste 28-Jun-00 29-Jul-10 030908-19 Crown Colony at Pelican Bay 17-Sep-03 23-Apr-07 891229-15 Crown Colony at Pelican Bay 4-Jan-90 26-Sep-06 921202-3 Coco Bay at Pelican Bay 28-May-93 18-Jan-11 930329-1 North Bay Plaza 28-Jul-93 23-Aug-10 930609-3 Drainage 1 -Neighborhood Park Pelican Bay 17-Aug-93 24-Mar-11 930402-10 . Pelican Bay Improvement District 12-May-93 21-Nov-11 940420-9 L'Ambiance of Pelican Bay 30-Jun-94 21-Nov-11 951115-6 St. Raphael 14-May-96 15-Jul-10 930702-1 The Marquesa at Bay Colony-Pelican Bay System V 9-Sep-93 7-May-12 Attachment "A" I January 2,2013 Pelican Bay Services Division Board Regular Session 13.Miscellaneous Correspondence-SFMD Lely keso W rt 1612 417 Environmental Resource Permit History Lely Resort Permit Number: 11-00429-S Certification Acceptance App. No. Project Name Permit Issue Date Date 911112-7 Lely Wildflower Way and Lely High School Road 5-Dec-91 11-Jun-96 930520-3 Freedom Square at Lely 17-Jun-93 11-Jun-96 920821-11 Freedom Square at Lely 15-Sep-92 11-Jun-96 920320-8 The Verandas at Lely Flamingo Island Club 2-Apr-92 1-Apr-97 931022-8 The Verandas/Tiger Island Phase I and II 3-Nov-93 1-Apr-97 911216-5 Freedom Square at Lely 14-Jan-93 8-Sep-09 921029-5 Lely Basin B 12-Aug-93 7-Jun-96 940622-7 McDonalds Restaurant/Freedom Square 28-Jun-94 14-Dec-05 940418-11 Palomino Village 13-May-94 11-Jun-96 930428-3 Mustang Plantation Golf Course 10-Feb-94 16-Aug-99 940812-6 Chase Preserve of Lely Resort-Phase I 9-Sep-94 18-Aug-99 900801-20 Lely Resort Community Ph. II 17-Jan-91 7-Jun-96 890210-15 Lely Resort Community- Lake Add 10-May-89 26-May-09 890808-6 Lely Resort Lakes 5, 18, 2, 17 3-Oct-89 26-May-09 890808-7 South Elementary School"C" 9-Nov-89 1-Apr-94 890607-3 Lely Resort Phase I 15-Feb-90 11-Jun-96 960827-3 Mustang Plantation Golf Course 23-Sep-96 17-Aug-99 960513-3 Lely Tract 33(Indian Wells Golf Villas) 3-Jul-96 18-Aug-99 960725-15 The Verandas at Lely, Building#16 13-Aug-96 1-Apr-97 011114-7 Masters Reserve 6-Dec-01 13-Oct-06 020128-8 The Champions 22-Feb-02 28-Jul-04 021028-7 The Majors Phase One 22-Nov-02 21-Oct-04 020917-14 Lely Resort Slaes and Information Center 8-Nov-02 9-Oct-09 030306-4 Lely Resort-Tract 49 7-Apr-03 25-Oct-06 030207-7 Lely Resort-Tract 35 13-Mar-03 8-Nov-05 030625-9 Chase Preserve of Lely Resort 24-Jul-03 14-Nov-07 030818-3 The Majors Phase 2 and 3 23-Sep-03 13-Jul-05 040929-15 Hawthorne at Lely Resort-Phase 1 20-Dec-04 29-Mar-07 050204-18 Legacy 8-Jun-05 28-Sep-06 051103-7 Ashton Place FKA Lely Resort Tract 27 17-Mar-06 14-Jul-08 910802-5 Lely Tracts 31&32 Infrastructure 30-Aug-91 1-Apr-94 921002-6 Lely Resort Dri/Mustang Villas 28-Oct-92 1-Apr-94 921218-3 Classics Clubhouse Phase 1 26-Jan-93 1-Apr-94 041006-15 Amsouth and Carrabas at Lely Freedom Square 12-Apr-05 28-Sep-06 060801-3 Canwick Cove 3-Nov-06 15-Mar-10 100223-15 Mitchell Meadows at Lely Resort Tract 58 31-Mar-10 24-Mar-11 081120-18 Cordoba at Lely Resort 9-Dec-08 6-Mar-09 080321-8 Cordoba at Lely Resort 22-Jul-08 6-Mar-09 081223-25 Cordoba at Lely Resort Front Entrance Improvements 23-Jan-09 6-Mar-09 Attachment A January 2,2013 Pelican Bay Services Division Board Regular Session 13.Miscellaneous Correspondence-SFWMD PelicSMAsh 16 1 2 A 1 7 Environmental Resource Permit History Pelican Marsh Permit Number: 11-01121-S Certification Acceptance App. No. Project Name Permit Issue Date Date 950404-6 Pelican Marsh Unit Eight 2-May-95 21-May-97 950613-7 Additional Nine Hole Golf Course-Pelican Marsh 9-Nov-95 21-May-97 950505-4 Pelican Marsh Bay Colony-Additional 9 Holes Golf Course 14-Sep-95 9-Jun-98 940317-1 Pelican Marsh Unit Four 14-Sep-94 21-May-97 950228-4 Clermont at Pelican Marsh Tracts CID, Unit 6 31-Mar-95 26-Aug-02 940701-4 Pelican Marsh Unit Six 5-Aug-94 21-May-97 940613-5 Pelican Marsh-Egret's Walk 28-Jul-94 21-May-97 931207-13 Pelican Marsh-Culvert Crossing 6-Jan-94 16-Jun-94 960311-4 Ravenna at Pelican Marsh 5-Apr-96 17-Jun-02 951010-3 Bay Colony Additional Nine Golf Course Holes 9-Jan-96 9-Jun-98 960124-2 Pelican Marsh Unit 9 Parcel B 14-Feb-96 21-May-97 941209-4 Unit Nine Pelican Marsh 5-Jan-95 21-May-97 960730-2 Pelican Marsh Unit 8 23-Aug-96 21-May-97 961007-12 Pelican Marsh Unit 10 Phase Two 7-Nov-96 21-May-97 970204-1 Ivy Pointe 6-Mar-97 23-Jul-99 970613-9 Augusta at Pelican Marsh 15-Jul-97 17-Jun-02 980311-9 Troon Lakes 9-Apr-98 23-Jul-99 980910-2 Pelican Marsh Phase Four Eckerd at Vanderbilt Galleria 24-Dec-98 28-Jan-02 980623-18 Pelican Marsh Cocohatchee Strand 20-Jul-98 19-May-00 980702-17 Bay Laurel Estates-Pelican Marsh Unit 21 23-Jul-98 23-Jul-99 991006-7 Terranova at Pelican Marsh 29-Oct-99 5-Sep-08 Attachment A January 2,2013 Pelican Bay Services Division Board Regular Session 13.Miscellaneous Correspondence-SFWMD Pelican 11Vilateli East Environmental Resource Permit History 1. 6 1 2 A17 Pelican Marsh East Permit Number: 11-01568-P Certification Acceptance App. No. Project Name Permit Issue Date Date 980306-4 Tiburon Golf Club(Pelican Marsh Resort Golf Club Clubhouse 9-Apr-98 22-Feb-11 981016-20 Tiburon The Norman Estates at Pelican Marsh Unit 23 18-Mar-99 7-Jan-02 981211-13 Tiburon Golf Course 15-Apr-99 11-Apr-01 990917-5 Tiburon Entrance Feature and Sales Center 20-Oct-99 22-Feb-11 991227-6 Escada at Tiburon 26-Jan-00 8-May-01 001004-11 Touchstone Parcel Addition to Tiburon 12-Jul-01 3-Jun-04 000815-5 Escada at Tiburon 16-Oct-00 8-May-01 050602-11 Touchstone Golf Course 29-Jun-05 22-Feb-11 050729-2 Marsala at Tiburon 19-Dec-05 23-Jul-07 060214-17 Marquesa Royale at Tiburon 15-Mar-06 6-Aug-08 Attachment A 6 I L A 1 8 Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South ii` ? D:241_t Naples FL 3410 <<' BYE September 10,2012 Minutes Fiala Hiller Henning - I. CALL TO ORDER Coyle ✓' The meeting was called to order by Chairman Dale Lewis at 2t pm. II. ATTENDANCE: Members: Dale Lewis, Helen Carella, Jerry Parillo, Fred Rogers, John Weber County: Darryl Richard, MSTU Project Manager, Pam Lulich—Landscape Operations Manager, Others: Scott Windham—Windham Studios Inc., Scott Douglas and Thomas Gonzalez—Hannula, Sue Flynn—Juristaff III. APPROVAL OF AGENDA Add: IX. B. Ordinance Modification Related to Rich King Pathway Project Dale Lewis moved to approve agenda as amended. Second by Helen Carella. Motion carried unanimously 5-0. IV. APPROVAL OF MINUTES: August 13,2012 Dale Lewis requested Fred Rogers proof future minutes for accuracy. John Weber moved to approve the August 13, 2012 minutes as presented. Second by Fred Rogers. Motion carried unanimously 5-0. V. TRANSPORTATION SERVICES REPORT A. Budget Report Darryl Richard distributed and reviewed Fund 158 as follows; (See ,,orres: attached) • Collected Ad Valorem Tax $295,057.36 Date: Li t q 1'5 • Available Operating Expense $15,395.71 • Available Capital Outlay $173,365.54 Item#:I Lt=21:4 Via • Open Purchase Orders $233,893.11 Copies to: Staff reported the MSTU may be able to expend $14,000 for additional mulch from the current budget. Pam Lulich recommended using only $5,000 to only mulch problem areas, fertilize and hold off mulching until October 1st. New taxes come in November 1st '?�ky All 8 Dale Lewis moved to hold off mulching until new ad valorem taxes start showing up in budget. Second by Fred Rogers. Motion carried unanimously 5-0. Staff noted Caroline Soto will provide future Budget Reports. A new fiscal year budget will be ready for October meeting. B. Project Manager Report—Addressed under VI. B. VI. LANDSCAPE MAINTENANCE REPORT A. Hannula—Addressed after VII. A. B. Windham Studio Scott Windham distributed and reviewed the Radio Road Monthly Maintenance Report and General Projects Status Report dated September 6, 2012. (See attached) He reported general conditions and made maintenance recommendation for Radio Road and related maintenance action items and on refurbishment projects. He noted Hannula Landscaping had staffing problems, personal problems and has fallen behind on Contractual Services. Hannula has place more manpower on projects with the main focus on weeding. Dale Lewis informed the Hannula Landscaping representatives of the frustrations caused by Hannula not doing their job. He interjected that his recommendation was to fire Hannula and warn them not to let their services fall behind again. Discussion was made on the replacement of the dead trees selection and finding a source approximately 12-14' high. Several tree suggestions were made on alternates. Scott Windham suggested the tree be removed prior to replacement. He recommended the Crape Myrtle -Natchez Staff suggested Scott Windham send pictures on for the Committee's review. Dale Lewis moved to go with Scott Windham's recommendations. Second by John Weber. Motion carried unanimously 5-0. VII. LANDSCAPE ARCHITECT REPORT A. Devonshire Refurbishment Scott Windham distributed and reviewed the General Projects Status Report dated September 6, 2012. (See attached) • Hannula anticipates final completion Friday, September 14. • Remaining punch items include weeding of new Asian Jasmine in the East ROW medians. • Weeding schedule for East ROW median were discussed and recommended to Hannula - 2-times per week for the first 6-months - Once medians are full; weeding can be reduced as needed. Continued after IX. B. - 2 - 16IA18 Darryl Richard stated WSI provided the final plans for the Rich King Greenway entrance. Staff was prepared to go to the BCC to execute an agreement with FPL on the project. The Legal Department found issues with the current Ordinance. Discussion continued under IX. B. VIII. OLD BUSINESS—None IX. NEW BUSINESS A. Memorial for Betty Schudel—Discussed after VI. A. B. Ordinance Modification Related to Rich King Pathway Project Staff distributed and reviewed Ordinance No. 2012, An Ordinance amending Collier County Ordinance No. 9-84, as amended by Ordinance No. 02-59, which created the Radio Road Beautification Municipal Service Taxing Unit; providing for amendment to section three to expand the purpose to include the cost for curbing, watering facilities,planting and maintenance of the north entrance of the Rich King Memorial Greenway, which is located along Radio Road within the boundaries of the unit;providing for inclusion in the code of laws and ordinances;providing for conflict and severability; and providing for an effective date. (See attached) Darryl Richard pointed out Section Three: Purpose and Governing Body. The following verbiage does not give the ability to continue on the project to continue: And for the purpose of providing for hardscape, watering facilities, plantings and maintenance to the entrance of the Rich King Memorial Greenway, as depicted in Exhibit "A,"attached hereto, lying within the MSTU boundaries, which is open to the public and utilized for recreation purposes. Staff will send the Committee a copy of"Exhibit A." Exhibit A will require a surveyor. The in-house surveyor does not have the resources and the time to do this service at no cost. The cost was estimated to run between $1,500- $2,500 for the survey and a survey description required to be attached to the Ordinance. Darryl Richard suggested the Committee make a recommendation to modify the Ordinance as proposed and approve contracting a surveyor to extend the proposed boundary not to exceed $2,500. Dale Lewis moved to modify the Ordinance (No. 2012) as proposed and the survey and the project for FPL. Second by Helen Carella Scott Windham explained what the proposed project would beautify the entrance to the Rich King Memorial Greenway on the FPL easement with native and mealy grasses. Plant Bougainvillea vines on the chain-link fence with a decorative brick paver pad. Dale Lewis move to add "not to exceed$2,500." Second by Helen Carella. Motion carried unanimously 5-0. - 3 - i 1612 8 Staff will email Committee any revisions made to Ordinance language. VII. LANDSCAPE ARCHITECT REPORT A. Devonshire Refurbishment- Continued Scott Windham he gave and update on the status of Devonshire East ROW Refurbishment. WSI is currently researching ROW and landscape easement area. Shopping center approved SDP plan content will guide design efforts. Staff will update Committee on any progress made with owner of shopping center. Darryl Richard distributed a proposal from WSI for Radio Road MSTU Maintenance Consulting Services per the Fixed Term Professional Landscape Architectural Services Contract#08-5060 dated September 10, 2012 for Primary Services in the amount of$10,920 and for Optional Services in the amount of$14,055 as draw-off services. He recommended the Committee approve $25,000. Dale Lewis moved to approve the Windham Studios proposal for $25,000, $10,920 will be paid to him and the rest will be drawn as projects come up. Second by John Weber. Motion carried unanimously 5-0. VI. LANDSCAPE MAINTENANCE REPORT A. Hannula Scott Douglas - Projection Manager reported the crew is trying to do their best to get the job done. Pam Lulich reported meetings with Hannula and the daily review progress. Darryl Richard stated Hannula will be finished Friday, September 14, 2012. IX. NEW BUSINESS A. Memorial for Betty Schudel Scott Windham suggested a brass plaque be placed on an existing bench at the entrance of Devonshire. Fred Rogers spoke of Betty Schudel's viability in the Community and reported a group of ladies want to do something to honor her privately. He suggested working with the 2-ladies for a joint effort on the Betty Schudel Memorial. Dale Lewis moved to have Scott Windham work with the 2-ladies to develop ideas to bring back to the Committee. Second by Fred Rogers. Staff suggested the MSTU remain within the ROW and private contributions work in other areas. This would be a Win-Win joint effort and keep funds from co-mingling. Motion carried unanimously 5-0. X. COMMITTEE MEMBER COMMENTS—None - 4 - 1612 4 8 XI. PUBLIC COMMENTS Claudia and Gus Nusu voiced concern over headlights shining in their home located at 7201 Appleby Drive. Scott Windham will compare the hedge height to the Ordinance. Dale Lewis stated if the hedge height does not meet the Ordinance requirements it would be fixed. Helen Carella reported on Briarwood the tops of the Queen Palms are almost gone and asked what could cause this to happen. Scott Windham responded it could be a fungus which could easily be spread. He said careful removal of tree, not to spread fungus and fumigating soil for a couple of years before planting another palm would be the way to treat problem. There being no further business to come before the Committee, the public meeting was concluded at 3:10 PM. Radio Road Beautification MSTU Advisory Committee Dale Lewis, Chairman These minutes approved by the Committee on /0-g- as presented x or amended The next meeting will be October 8,2012 at 2:00 p.m. at the Forest Lakes Condo Association Clubhouse, 495 Belville Blvd., Naples, FL 34104 - 5 - U ' 61 2 A18 Radio Road Beautification M.S.T. Advisory Committee .410fr' '441,44 2885 Horseshoe Drive South Naples FL 34104 September 10,2012 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: August 13,2012 V. Transportation Services Report A. Budget Report—Gloria Herrera B. Project Manager Report—Darryl Richard VI. Landscape Maintenance Report A. Hannula B. Windham Studio VII. Landscape Architect Report—Windham Studio A. Devonshire Refurbishment VIII. Old Business IX. New Business A. Memorial for Betty Schudel X. Committee Member Comments XL Public Comments XII. Adjournment The next meeting will be October 8, 2012 at 2:00 p.m. at the Berkshire Lakes Master Association Clubhouse, 495 Belville Boulevard, Naples, FL 34105 161 ,E A18 Radio Road Beautification M.S.T.U. T r Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 September 10,2012 Summary of Minutes and Motions III. APPROVAL OF AGENDA Add: IX. B. Ordinance Modification Related to Rich King Pathway Project Dale Lewis moved to approve agenda as amended. Second by Helen Carella. Motion carried unanimously 5-0. IV. APPROVAL OF MINUTES: August 13, 2012 Dale Lewis requested Fred Rogers proof future minutes for accuracy. John Weber moved to approve the August 13, 2012 minutes as presented. Second by Fred Rogers. Motion carried unanimously 5-0. V. TRANSPORTATION SERVICES REPORT A. Budget Report Pam Lulich recommended using only $5,000 to only mulch problem areas, fertilize and hold off mulching until October 1st. New taxes come in November 1st Dale Lewis moved to hold off mulching until new ad valorem taxes start showing up in budget. Second by Fred Rogers. Motion carried unanimously 5-0. VI. LANDSCAPE MAINTENANCE REPORT B. Windham Studio Scott Windham suggested the tree be removed prior to replacement. He recommended the Crape Myrtle -Natchez Dale Lewis moved to go with Scott Windham's recommendations. Second by John Weber. Motion carried unanimously 5-0. IX. NEW BUSINESS B. Ordinance Modification Related to Rich King Pathway Project Darryl Richard suggested the Committee make a recommendation to modify the Ordinance as proposed and approve contracting a surveyor to extend the proposed boundary not to exceed$2,500. 1612 X418 Dale Lewis moved to modify the Ordinance (No. 2012) as proposed and the survey and the project for FPL. Second by Helen Carella Dale Lewis move to add "not to exceed$2,500." Second by Helen Carella. Motion carried unanimously 5-0. VII. LANDSCAPE ARCHITECT REPORT A. Devonshire Refurbishment- Continued Darryl Richard distributed a proposal from WSI for Radio Road MSTU Maintenance Consulting Services per the Fixed Term Professional Landscape Architectural Services Contract#08-5060 dated September 10, 2012 for Primary Services in the amount of$10,920 and for Optional Services in the amount of$14,055 as draw-off services. He recommended the Committee approve $25,000. Dale Lewis moved to approve the Windham Studios proposal for$25,000, $10,920 will be paid to him and the rest will be drawn as projects come up. Second by John Weber. Motion carried unanimously 5-0. IX. NEW BUSINESS A. Memorial for Betty Schudel Dale Lewis moved to have Scott Windham work with the 2-ladies to develop ideas to bring back to the Committee. Second by Fred Rogers. 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Co N O Cn Cn W Cn O O CO O O O O CD A Cn Cb W CD O 0 N CD W O co O O O O W CO O O V O O O O O O— O — O A V N co N 0 1612418 MAINTENANCE AND STATUS REPORT To: Radio Road MSTU Advisory Committee CC Darryl Richard, Pamela Lulich Collier County ATM Rob Brehm, Hannula Landscaping From: Scott Windham Date: September 6, 2012 RE: Radio Road Monthly Maintenance Report and General Projects Status Report MSTU Committee and Staff: The following is a report of the general conditions and recommendations for the maintenance of the Radio Road MSTU areas and related maintenance action items as well as general refurbishment projects status. MAINTENANCE: • WEEDING: Hannula had completed significant weeding. The medians need to be sprayed again with herbicide with blue tracker in all medians to eliminate the nex wavw of new weed growth. Devonshire should also still be aggressively weeded in the east ROW Asian Jasmine and in the medians during construction and immediately following construction project two times per week during a 6 month establishment period in order to maintain control. • Complete trimming the tall canes on the Little Red Euphorbias to encourage the lower foliage to flush out. • Trim Green Island Ficus in all medians and insure 18" clear site areas are trimmed including Lantana. • Remove vines from Lantana at Devonshire west median tip. Trim back or remove and replace Lantana if necessary to eradicate the vine. • Prep paper work to replace two dead Tabs in median 28, three in median 21 and one in median 3. Proceed to remove dead trees as soon as possible. WSI to research an alternate species for better longevity. • Trim dead wood out of two stressed Tabs in median 21 and one in median 17. • Silhouette Bougs in medians 5 and 6 are largely defoliated. Evaluate for pests and spray if necessary. Also check water. • In general, remove all completely dead Dinis from the medians. • Hannula is to notify Pam Lulich and WSI when service is completed. Windham Studio,Inc.,Landscape Architecture,LC 26000365 P.O.Box 1239,Bonita Springs,Florida 34133 Phone: (239) 390-1936 Fax: (239) 390-1937 Email: scott @windhamstudio.com www.windhamstudio.corn 1 1612 A1 • Hannula needs to complete all trimming and weed removal first then fertilize and refresh mulch as per Pam's request for proposal email. They must submit for an increase if anticipated quantities exceed what is identified in Pam's request. DEVONSHIRE BOULEVARD REFURBISHMENT: • Hannula anticipates final completion for this Fri, 9/14. • Remaining punch items include weeding of new Asian Jasmine in the East ROW, medians, etc. We have discussed and recommend that Hannula weed these beds, two times per week for the first 6 month establishment period while the Jasmine fills in. Once full, then the weeding can be reduced as needed. RICH KING GREENWAY ENTRANCE (FPL Application): • WSI Submitted the final plans to Darryl for the FPL processing. WSI is working on irrigation plans for the pathway entry plantings which will be supplied from the same source as the ROW Magnolia trees. DEVONSHIRE EAST ROW REFURBISHMENT STATUS: • Currently researching ROW and landscape easement area as well as shopping center approved SDP plan content to guide design efforts. Please email or call me if you have any questions. Thanks, Scott Windham, ASLA Landscape Architect LA000-1516 Windham Studio,Inc.,Landscape Architecture,LC 26000365 P.O.Box 1239,Bonita Springs,Florida 34133 Phone: (239) 390-1936 Fax: (239) 390-1937 Email: scott @windhamstudio.com www.windhamstudio.com 2 00 O O O O 000 O O 000 O O 0 0 0 0 0 0 D o c o 0 0 0 0 0 o 0 0 0 0 0 G o 0 0 6 N o o N C N 161 L A18 R a p 0 —N ,1,.. m W N O N N .-m a C 0 0 6 4 N 01 MM N CO - O N N -H M Q r .-,- , J ¢W F-W O LL F- 69 49 6963 6963 ... 6969 ... 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WHEREAS, on December 17, 1996, the Board of County Commissioners adopted Ordinance No. 96-84 which created the Radio Road Beautification Municipal Service Taxing Unit("MSTU"); and WHEREAS, on November 19, 2002, the Board of County Commissioners voted to include the cost of maintenance of the medians of all adjoining public roads within the boundaries of the MSTU; and WHEREAS, on January 28, 2011 the Rich King Memorial Greenway was formally opened to the public providing a 12-foot wide asphalt path within the Florida Power and Light easement corridor for walkers,joggers, cyclists and in-line skaters; and WHEREAS, on March 19, 2012, the Radio Road Beautification MSTU voted unanimously to put aside MSTU funds for the beautification to the entrance of the Rich King Memorial Greenway; and WHEREAS, the Board of County Commissioners desires to amend the ordinance to allow for MSTU funds to be used to provide curbing, watering facilities, plantings and maintenance to the entrance of the Rich King Memorial Greenway, which is entirely located within an FPL easement and not within the medians or right-of-way of Radio Road, but is within the boundaries of the MSTU. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 1996-84, AS AMENDED BY ORDINANCE NO. 02-59. Section Three is amended to read as follows: 1 161 2 A 18 SECTION THREE: PURPOSE AND GOVERNING BODY. The MSTU is created for the purpose of providing curbing, watering facilities, plantings and maintenance of the median areas for that portion of Radio Road lying between Airport- Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public road within the MSTU boundaries—, and for the purpose of providing for hardscape, watering facilities, plantings and maintenance to the entrance to the Rich King Memorial Greenway, as depicted in Exhibit "A," attached hereto, lying within the MSTU boundaries, which is open to the public and utilized for recreational purposes. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this day of , 2012. DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Emily R. Pepin,Assistant County Attorney 2 18 161 L e In Radio Road Beautification M.S.T.U. Advisory Committee October 8,2012 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: September 10,2012 V. Transportation Services Report A. Budget Report—Caroline Soto B. Project Manager Report—Darryl Richard VI. Landscape Maintenance Report A. Hannula B. Windham Studio VII. Landscape Architect Report—Windham Studio A. Devonshire Refurbishment VIII. Old Business A. Memorial for Betty Schudel IX. New Business A. November 12 meeting—schedule change due to Veteran's Day Holiday X. Committee Member Comments XI. Public Comments XII. Adjournment The next meeting will be November 12,2012 at 2:00 p.m. at the Berkshire Lakes Master Association Clubhouse, 495 Belville Boulevard, Naples,FL 34105 6 1 2 A id Radio Road Beautification M.S.T.U. D. .1 7 77 .401r look Advisory Committee 3299 East Tamiami Trail Suite 103 Naples FL 34112 BY: October 8,2012 Fiala Minutes Hiller Henning !1 Coyle ,/ I. CALL TO ORDER 4C..'(' I e The meeting was called to order by Chairman Dale Lewis at 2:00 p.m. II. ATTENDANCE: Members: Dale Lewis, Helen Carella, Jerry Parillo (Absent), Fred Rogers, John Weber County: Darryl Richard, MSTU Project Manager, Pam Lulich—Landscape Operations Manager, Others: Scott Windham—Windham Studios Inc., Dale Hannula and Thomas Gonzalez—Hannula, Sue Flynn—Juristaff III. APPROVAL OF AGENDA Dale Lewis moved to approve October 8, 2012 agenda as presented. Second by Helen Carella. Motion carried unanimously 4-0. IV. APPROVAL OF MINUTES: September 10,2012 Change: V. A. Last paragraph, 2nd to last sentence to read "recommended using only$5,000 to mulch problem areas" IX. B. 2 1161 paragraph, 2nd sentence to read "The following verbiage does not provide the ability to continue on the project. " IX. A. 3rd sentence to read "He suggested working with the group for a joint effort on Betty Schudel Memorial. " Fred Rogers moved to approve the September 10, 2012 minutes as amended. Second by Dale Lewis. Motion carried unanimously 4-0. V. TRANSPORTATION SERVICES REPORT A. Budget Report Darryl Richard distributed and reviewed Fund 158 dated October 8, 2012 as follows: (See attached) • Ad Valorem Tax Available $308,200• Operating Expense Available $160,000 Ogres: • Capital Outlay Available $390,300 Date: L k?I '3 • Total Revenue Available $592,000 �� Item#: 241 Copies to: • 1612 A18 Staff distributed and reviewed the MSTD General Fund 111 dated October 8, 2012. (See attached) B. Project Manager Report—Addressed under VI. B. VI. LANDSCAPE MAINTENANCE REPORT A. Hannula—Addressed under VI. B. B. Windham Studio Scott Windham distributed and reviewed the Radio Road Monthly Maintenance Report and General Projects Status Report dated October 7, 2012. (See attached) He reported general conditions and made maintenance recommendation for Radio Road and related maintenance action items and general refurbishment projects status. • Weeds are under control though rain has been a factor both in spurring on growth and affecting crew service dates. • Hannula is scheduled to weed two days a week on the Devonshire on the ROW Asian Jasmine and in the medians in order to maintain control. • Hannula recommended a third day of service per week to battle the weeds until rainy season is over and the Jasmine fills in. • Hannula and WSI will research possible herbicides to assist with weed control in the Jasmine. • Hannula has trimmed: - Several beds of Little Red Euphorbia - Median 20—Livingston Road - Repeatedly attempted to remove renegade vines from Lantana at Devonshire west median tip. - Removed dead Tabebuia. • Waiting on paper work to replace 2-dead Tabebuia in median 28, 3 in median 21 and 1 in median 3. • Natchez Crepe Myrtle trees will replace the dead Tabebuia trees. He reported accidents: • East end of Median 17; need to replace 25 Dwarf Bougainvilleas, 4 Juniper and 1 Royal Palm. • Median 27; need to replace 12 Bougainvilleas and 1 Royal Palm. Update: Insurance covered 100% of costs. Pam Lulich has approved a second submittal for a Royal Palm. • Radio Road, south of Publix entry; need to replace 10 Asian Jasmine. Staff reported they collect 100% of replacement cost to damaged trees and plants from the driver of the vehicle when there is a Police Accident Report. Some accidents are resolved through driver's insurance companies. County will also take partial payments until accident damage is paid in full. - 2 - 1612 8 Discussion took place on the condition of some medians, the Lantana appears to look uncontrolled as it gets older and the yellow flowers in island going into Countryside Dale Lewis suggested using Dianella(white) plant located at Livingston and Golden Gate. Scott Windham the Dianella grows too high. He stated Lantana is currently planted on both medians. He noted the plant is drought tolerant. He will check the site line, if the site line is clear he will experiment with Dianella. Staff will provide a P.O. to Hannula for routine maintenance, the replacement of plants at Radio Road, south of Publix entry to get the job done. Hannula General Maintenance: • Will trim native grasses in November • Remove all completely dead Dinis from the medians and notify Pam Lulich when finished. • Will complete trimming and weed removal prior to fertilize and refresh mulch per Pam Lulich request. • Fertilization application was made on September 15. • Mulch Radio Road under new P.O. Staff used Fund 111 to purchase a quick release fertilizer and to order chemicals to inject palms. It was noted there are no funds in Fund 111 for mulching. VII. LANDSCAPE ARCHITECT REPORT A. Devonshire Refurbishment Scott Windham reported the project is 100% complete. Hannula has submitted a new maintenance scope for Devonshire to reflect new landscape conditions. WSI and Staff are reviewing for final specifications to be put out to bid. Staff received an unofficial quote from RWA Surveying for the Rich King Pathway Project for under $3,000. The Advisory Committee only approved up to $2,500. Dale Lewis questioned if once survey is completed would the Advisory Committee be able to go forward with project. Staff responded authorization is required under the current Ordinance. The project has to be approved by the Board of County Commissioners. A survey is required to formally modify the Ordinance. He explained the Committee is doing landscaping within an FPL easement and also a Rich King Greenway easement for the Parks and Recreation (PAR)to maintain. Staff asked if the MSTU want to maintain the project. It was suggested the Advisory Committee ask PAR to do the maintenance on this project. The property is off ROW and not maintained by Road and Bridge. - 3 - • 161241 $ Dale Lewis does not feel; once the project is completed that this Committee should be responsible to maintain it. Second by Fred Rogers. Discussion was made on how to do project and have the County accept the responsibility to maintain the project. Dale Lewis withdrew motion. Fred Rogers withdrew second. John Weber moved the Advisory Committee table any action on this particular project; the Rich King Green way Project until the Committee has an agreement with PAR as to whether they will accept the maintenance and request PAR attend the next meeting. Second by Dale Lewis. Motion carried unanimously 4-0. Staff will invite PAR to the November meeting. Staff will have an update on the shopping center area at the next meeting. Dale Lewis asked if Scott Windham resolved the issue at 7201 Appleby Drive concerning the height of the hedge. Scott Windham responded a couple of taller plants were planted to resolve the issue. VIII. OLD BUSINESS A. Memorial for Betty Schudel Scott Windham made several suggestions for the Betty Schudel Memorial: ➢ A bronze or brass plaque mounted on a boulder and placing it near the Magnolia tree. ➢ Put boulder in a Bouganvillea bed. ➢ Place butterfly sculptors by the boulder. ➢ Plaque in a butterfly shape. The Committee liked the idea. Fred Rogers will coordinate a meeting to present idea to the community group. IX. NEW BUSINESS A. NOVEMBER 12 MEETING—Schedule change due to Veterans Day Holiday By consensus it was decided to hold next meeting on November 19, 2012 at 2:00 PM. X. COMMITTEE MEMBER COMMENTS—None XI. PUBLIC COMMENTS—None - 4 - 1612 A 18 There being no further business to come before the Committee, the public meeting was concluded at 3:20 PM. Radio Road Beautification MSTU Advisory Committee it/ r i, Dale Lewis, Chairman These minutes approved by the Committee on i f- i q'i 2- as presented X OR amended The next meeting will be November 19, 2012 at 2:00 p.m. at the Berkshire Lakes Master Association Clubhouse,495 Belville Blvd., Naples, FL 34104 - 5 - 1612 A18 Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 October 8,2012 Summary of Minutes and Motions III. APPROVAL OF AGENDA Dale Lewis moved to approve October 8, 2012 agenda as presented. Second by Helen Carella. Motion carried unanimously 4-0. IV. APPROVAL OF MINUTES: September 10,2012 Change: V. A. Last paragraph, 2"d to last sentence to read "recommended using only$5,000 to mulch problem areas" IX. B. 2nd paragraph, 2nd sentence to read "The following verbiage does not provide the ability to continue on the project. " IX. A. 3rd sentence to read "He suggested working with the group for a joint effort on Betty Schudel Memorial. " Fred Rogers moved to approve the September 10, 2012 minutes as amended. Second by Dale Lewis. Motion carried unanimously 4-0. VII. LANDSCAPE ARCHITECT REPORT A. Devonshire Refurbishment It was suggested the Advisory Committee ask PAR to do the maintenance on the Rich King Greenway Project. Dale Lewis does not feel; once the project is completed that this Committee should be responsible to maintain it. Second by Fred Rogers. Dale Lewis withdrew motion. Fred Rogers withdrew second. John Weber moved the Advisory Committee table any action on this particular project; the Rich King Greenway Project until the Committee has an agreement with PAR as to whether they will accept the maintenance and request PAR attend the next meeting. Second by Dale Lewis. Motion carried unanimously 4-0. w. . . . .. .. . . - - - - .., , -- „,, , ,„,„ W N - o O OV T N 1 .N > O O . V W ( .. W N a 0 L... 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HoOmmrn H fD MN 000W00 U) 10 • • rt cr a 0 iotn m0000o 00 0 11 m0 NOOWWW C-I X cn H 0 z H r H rrr U7 N W W m U'I W W W W 171 O W WWW 7� o ao Woo0o U nHU HP-a N-0a m m m 0 Cr HH W N O 0••\ H H O IP O IP N U1 HHH MM W0U1HO WWW HN MIA O IA O IP ;P 0 0 WNOU10 00)00 U) H y N 1001000 UIUIUI U m0000 IPIPIP ii I Q t=J z N H H N N0OW10W W P H O J J J "1 01 NWOc0300 1b12 418 C'[ 1 MAINTENANCE AND STATUS REPORT To: Radio Road MSTU Advisory Committee CC Darryl Richard, Pamela Lulich Collier County ATM Rob Brehm, Hannula Landscaping From: Scott Windham Date: October 7, 2012 RE: Radio Road Monthly Maintenance Report and General Projects Status Report MSTU Committee and Staff: The following is a report of the general conditions and recommendations for the maintenance of the Radio Road MSTU areas and related maintenance action items as well as general refurbishment projects status. MAINTENANCE: • WEEDING: In general, the weeds are under control though rain has been a factor both in spurring on growth and affecting crew service days. Hannula has begun a twice per week weeding service on Devonshire for the ROW Asian Jasmine and in the medians in order to maintain control (Tues and Thurs). Hannula recommends a third service per week to get things under control and maintain control while the rainy season winds down and the Jasmine fills in. I agree and recommend it for a limited period of time as needed. (Tues, Thurs, Fri) Hannula and WSI will also research possible herbicides to assist with weed control in the Jasmine. TRIMMING: • Hannula has trimmed the tall canes on several beds of Little Red Euphorbias but still need to complete all beds to encourage the lower foliage to flush out. • Hannula has trimmed from Livingston Rd to median 20. They got rained out last Thurs and will complete the remaining trimming from median 20 to Devonshire and from Airport to Livingston on Thurs, 10/11. As always they are to take care to trim to insure 18" clear site areas including Lantana. • Hannula has repeatedly attempted to remove vines from Lantana at Devonshire west median tip. At this point, I recommend spraying both the Lantana and vines with herbicide, removing and replanting new Lantana. • Still waiting on paper work to replace two dead Tabs in median 28, three in median 21 and one in median 3. Hannula removed the dead trees. The Tabebuias are to be replaced with Natchez Crepe Myrtle trees. (12-14' oa, Multi- trk ,single plant at base, RPG or equal) Windham Studio,Inc.,Landscape Architecture,LC 26000365 P.O. Box 1239,Bonita Springs,Florida 34133 Phone: (239) 390-1936 Fax: (239) 390-1937 Email: scott @windhamstudio.com www.windhamstudio.com 1 6 • 1612 A18 • Hannula will wait to trim the dead wood out of two stressed Tabs in median 21 and one in median 17 until the rains stop to protect their health from the cuts. ACCIDENTS: • There was an accident at the east end of median 17. Need to replace 25 Helen Johnson Dwf Bougainvillea, 4 Parson's Juniper and one Royal (14' gray wood). Hannula to field measure the gray wood height and caliper to match the existing Royal. • There was an accident several months ago in median27. Need to replace 12 Silhouette Bougs and one Royal Palm (16'gray wood) Hannula to field measure the gray wood height and caliper to match the existing Royal. • South of Publix entry by Radio Rd, 10 Asian Jasmine need to be replaced and west of Belville, 20 Asian Jasmine need to be replaced where cars have run off the road. GENERAL MAINTENANCE: • Hannula to trim native grasses in November in pyramid cut method. • In general, remove all completely dead Dinis from the medians. • Hannula is to notify Pam Lulich and WSI when service is completed. • Hannula needs to complete all trimming and weed removal first then fertilize and refresh mulch as per Pam's request for proposal email. They must submit for an increase if anticipated quantities exceed what is identified in Pam's request. • Hannula fertilized on 9/15. • Hannula will mulch Radio Rd under new.PO for this the 2013 fiscal year within October. DEVONSHIRE BOULEVARD REFURBISHMENT: • Project is 100% complete. • Hannula has submitted a new maintenance scope for Devonshire to reflect new landscape conditions. WSI and Darryl are reviewing for final specs to be put out to bid. RICH KING GREENWAY ENTRANCE (FPL Application): • WSI is still working on irrigation plans for the pathway entry plantings which will be supplied from the same source as the ROW Magnolia trees. Still waiting on FPL approval. DEVONSHIRE EAST ROW REFURBISHMENT STATUS: • Currently researching ROW and landscape easement area as well as shopping center approved SDP plan content to guide design efforts. Please email or call me if you have any questions. Thanks, Scott Windham, ASLA Landscape Architect LA000-1516 Windham Studio,Inc.,Landscape Architecture,LC 26000365 P.O.Box 1239,Bonita Springs,Florida 34133 Phone: (239) 390-1936 Fax: (239) 390-1937 Email: scott@windhamstudio.com www.windhamstudio.com 2 7, 1612 A18 Radio Road Beautification M.S.T.U. ` Advisory Committee 3299 East Tamiami Trail Suite 103 BY, Naples FL 34112 November 19,2012 AGENDA I. Call Meeting to Order II. Attendance Huller r Henning III. Approval of Agenda Coyle ✓ e,Grefe,44e. _Thus IV. Approval of Minutes: October 8, 2012 V. Transportation Services Report A. Budget Report—Caroline Soto B. Project Manager Report—Darryl Richard C. Rich King Greenway Project VI. Landscape Maintenance Report A. Hannula B. Windham Studio VII. Landscape Architect Report—Windham Studio VIII. Old Business A. Memorial for Betty Schudel IX. New Business ;r;,;c.Cares. X. Committee Member Comments Date: Item XI. Public Comments Copies to: XII. Adjournment The next meeting will be December 10,2012 at 2:00 p.m. at Berkshire Lakes Master Association Clubhouse, 495 Belville Boulevard, Naples, FL 34105 . 161aA 19 f bruary 17, 2012 I. MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING k Naples, Florida, February 17, 2012 �`1'M .: LET IT BE REMEMBERED, that the Collier County Tourist Development Council Subcommittee in and for the County of Collier, havin conducted business herein, met on this date at 9:30 A.N a PECIAL SESSION at 2800 N. Horseshoe Drive, 609/610 ice Room, Naples, Florida, with the following members present. , Fiala ✓ 6 Hiller Chai I • • mmissioner Georgia Hiller (Absent) Henning --1 iT Coyle ✓ Acting Ch Allt : erry Gibson cpletto Susan Becker AS''S) Murray Hendel (Excused) Clark Hill (Excused) Rick Medwedeff Robert Miller Edward "Ski" Olesky John Sorrey III (Excused) Misc.Cones: Date: `1 1G\‘3 i, Item 0: 1 (--1-�2141 Gl Date' Copies to: ALSO PRESENT: Jack Wert, Tourism Director Kelly Green, Tourist Tax Coordinator Colleen Greene, Assistant County Attorney 1 , - . T ,, A , iL '' i,' ebitâry 17,2012 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Communications and Customer Relations Department. 1. Call to Order Jack Wert called the meeting to order at 9:47 A.M. The lack of a Chairman and Vice Chair was noted. Colleen Greene directed the Council to nominate a temporary Chair and Vice Chair. Susan Becker moved to nominate Jerry Gibson to act as Chairman for the meeting. Second by Rick Medwedeff. Motion carried unanimously 5-0. Jerry Gibson moved to nominate Rick Medwedeff to act as Vice Ch ir1 7t e meeting. Second by Robert Miller. Motion carried unanimously - 2. Pledge of Allegiance O The Pledge of Allegiance was recited. 3. Roll Call AS'*' Roll call was taken and a quorum was established. 4. Changes and Approval of Agenda Edward "Ski"Olesky moved to appr genda as submitted. Second by Susan Becker. Motion carried 5-0. '4S)5. Presentations/Public Com en Members of the council e e e oncern over not having representation and not having a chairman. Colleen Greene not B C will appoint someone at their next meeting to Chair the Council on F ary 2 . The Council • k-. 'f someone other than a Commissioner would be allowed to serve as a Cha' se I or the TDC. 1 Ro' er moved to direct Staff to present to the BCC they allow the TDC to nomi . ' a chair person from within the TDC and rotate chairmanship. Second by Rick Medwedeff. Motion carried unanimously 5-0. 6. New Business a. FY 13 TDC Category B and C-2 Grant Application and Guideline Review Staff distributed Collier County Tourist Development Council Grant Funding Request Category"C"Museum Grant Application for FY11-12 and Special Event Funding Request Category "B" FY11-12. (See attached) Jack Wert suggested the Council utilize the Executive Summary to review Tourist Development Council Grant Applications for Category B and C-2 FY13 2 1 9 , . i 6 Fe uary 17, 2012 (October 1, 2012—September 30, 2013) and recommended changes in guidelines and requirements to review items and make suggested revisions. (See attached) The public in attendance made self introductions. Jack Wert provided an overhead projected copy of the Executive Summary and reviewed the following: Category B Marketing Grants (Fund 184) • All yellow highlighted areas of the application. • All dates will be changed to FY13 and deadlines will be adjusted to coincide with the County's budget cycle. • Grant Review Committee makeup. • All guidelines on pages 5-6 as highlighted. Public Speakers Steve McIntire, President of Collier County Lodging i o ism Alliance made remarks on the return of investment. Tom White, President of Sports Council—Co o my requested the minimum of$25,000 in additional funds to mar sp rting events based on past economic impact and bed tax or that grants b for reducing field fees for sports marketers. He made comments r rdin t e Corrigan Sports Grant approved and not yet funded. Corrig po s is considering moving the event to another county. Jerry Gibson suggested sta • I solve the issue by informing Corrigan Sports of the documents es d a waiver request for them to receive the previously approvedd�f 1 •. M Recessed at 9:41 A. . S[ Reconvened at 10: y Staff 1110'i act Lee Corrigan and bring recommendations pertaining to Corrigan S.• 1_- •e next scheduled meeting. • ., sus was formed to: • Tighten criteria guidelines to 250 rooms per day • Emphasis the return of investment and strengthen requirements • First time events to $25,000 • Points be given for shoulder and off-season events • Revise the point system used to determine the level of funding for repeat events on return of tourist development tax • The "Special Note" on page 7 concerning non-recommended applications • Questionnaire requirements on page 7 • Status report requirements for relevance on page 8 3 3 February 17, 2012 ' • Discussion ensued on review of status reports required and it was recommended to discontinue the preliminary status report and have the"panel"review previous year's interim reports for progress. • Drawing of funds section on page 8. • The "Notice" on page 9. • Funding categories on page 9. • Repeat funding request guidelines. • Authorized and non-authorized use of funds. Category C-2 Grants (Fund 193) It was noted Jerry Gibson had to leave the meeting due to a previ us S intment A consensus was formed that changes made to Category B 144,14b applicable to Category C-2 and to continue only marketing expenditures Jerry Gibson moved to approve the documents wit• 44 • ommendations made. Second by Robert Miller. Motion carried una sly -0. Staff will bring back a draft with changes to d ncil for review prior to submitting to the BCC in March. 7. Council Member Discussion " 'C I 5 None. 8. Next Meeting Date/Locatio '.c) The next meeting is sched t . 0 A.M. on February 27, 2012 at Collier County's Government Center, A 4;i4iva ion Bldg. F, 3`d Floor, 3299 Tamiami Trail E,Naples 4Sxxxxx There bein!;o �'", er business for the good of the County,the Meeting ended at 11:35 A. '4S) COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL A Ac ' g Cha an,Jerry Gibson These Minutes were approved by the Council on , as presented or as amended . 4 , 2012 1 6 1 2 FAth 1,927 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, February 27, 2012 LET IT BE REMEMBERED, the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the Following t jne ' bers present: V -0. kt;i71 Chairman: (Vacancy) Vice Chairman: ,,V,Licrt".H. Hendel P us San Fiala Hiller I/ ":''Jerry Gibson Henning 4,k Clark Hill ..,..,..§, ...,„„ Coyle ,/* ,K.›).,.,, .i) ) Rick Medwedeff Gelettn 616111CIC "rrt) '<:;V- Robert Miller (Excused) Ed (Ski) Olesky John Sorey III Misc.Corres: Date: Item* 1(—t-%-=-2—Itr Copies to ALSO TRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Tax Coordinator 1 -, ' . 7) A, Fethtia 2'7, 2b1'2 ,i 9 4 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order—Vice Chairman Hendel Mr. Hendel called the meeting to order at 9:0 A.M. 2. Pledge of Allegiance , Pledge of Allegiance was recited. xy �e 3. Roll Call ,A ,;s;; A quorum was established. ` 5. Approval of TDC Minutes a. Regular Meeting January 23,2012 %, n Ms. Becker moved to approve the minutes of the January 23,201 r eeting. Second by Mr. x Olesky. Carried unanimously 7-0. g� 1 .�° Lti Mr. Sorey moved to rescind the Council's previous regiiests°/of staff at the January 23, 2012 meeting as listed below: =A=. ,.. 1. Staff to amend the report "Beach Front estro%ms Collier County and City"and e� identify the requirement for any FEMAlet°ti n variances (whether previously required for, or to be required fo Instruction of the facility). 2. Staff to provide a report on the bis`the FEMA maps were proposed to be amended (flood zones in question amended from VE to AE zone). 3. Staff to 1. Provide a report v. by analyzing entrance gate transactions, or other applicable means), outlining`/fie percentage of County residents vs. non County residents utilizing the Vanderbilt Beach Road parking garage. 2. Provide a review of the document "FDEP Cost Share Program 7/7/2011"provided at q pi' ;ous meeting. 3. Dew ine for which purposes individuals are allowed to utilize the parking garage 4 cc parking,shopping, etc.). -. Coordinate with Mr. Hill to ensure staff submits the information requested in the N� l. format anticipated by the Council A: Staff to provide an analysis of rooms and related parking for county-wide gulf front properties. 5. Staff to provide an expanded beach parking analysis to include Naples, Marco Island, and County beaches. Second by Ms. Becker. Carried unanimously 7—0. 2 1 6el�a 9, 2012 4. Changes and Approval of Agenda Mr. Hendel moved to set the time of the regularly scheduled Tourist Development Council Meetings from 9:00 am to 12:00 pm. Second by Mr. Sorey. Carried unanimously 7—0. The Council reached consensus Crystal Kinzel,Director of Finance, shall not be required to attend Tourist Development Council meetings unless requested by the Council. Mr. Hendel moved to approve the Agenda subject to the following changes: • Items 9 and 10 to be heard after Item 6. ,. • Addition of Item 10.h—TDC and TDC Subcommittee 2-17-12 meeting re}portxy Staff. Second by Mr. Sorey. Carried unanimously 9-0. 6. Presentations/Public Comment John Lundin—Report on opportunities for expanded Economic Devp:1oprrient in the County. 9. Marketing Partner Reports A Slideshow titled"Marketing Partner Reports—February 7, 0 which included the following reports were presented by Staff and Consultants: ` a. Tax Collections—Jack Wert "Tourist Tax Collections—Collier County Tax Co lector" b. Paradise Advertising-Lee Goddard "Advertising Report Paradise Advertisin.'+ cMarketing, Inc. — TDC, February 27, 2012" c. Lou Hammond and Assoc.—Jack Wart "Public Relations Report—National'Public Relations Update— TDC Meeting February 27, 2012. " ��Y F d. Research Data Services-Dr. Walter Klages "Collier County Tourism search, February 27, 2012—Research Data Services, Inc. " e. Miles Media Website Activity—Jack Wert "WebsiteesMedia Group" f. Sales an Marketing Technology-Search Engine Optimization -Jack Wert "Sea%rchigine Services—Sales and Marketing Technologies, Inc. " Phase V - Fulfillment Services—Jack Wert `Fulfillment Services—Phase IV" 10. Tourism Staff Reports Jack Wert provided the following reports unless otherwise noted: a. Director b. Sales and Marketing 3 19 Fe 2%, 2012 c. Public Relations and Communications d. Film Office e. Sports Marketing f. International Representatives g. Visitor Centers (Nancy Kerns,Visitor Information Center Coordinator provided the Report). h. TDC and TDC Subcommittee 2-17-12 Meeting Report Speaker John Lundin Break: 10:1 5 a.m. Reconvened: 10:25 a.m. 7. New Business The Committee determined to hear Items 7.c and 7.d next,followed by7 t, 7.b, 8.a, 7.e, 7.f, 7.g and 7.h. c. Subcommittee Report and Recommendations x.d Jack Wert presented the Executive Summary "Recomm ridation to the Collier County Board of County Commissioners to approve the recommendations of the Tourist Development Council (TDC) special subcommittee;dated February 27, 2012 for consideration. ° Mr. Sorey moved for the Tourist Develop` ent`Council to hold special meeting to consider the item. Second by Ms. Becker. Carrie��F unanimously 7—0. d. Museum Consultant Report Ron Jamro,Director Collier Cc U ity Museums and Ann Wykell, Social Sector Solutions presented the Report"Analysis.of Research Data on Government Owned and Operated Museums in Florida" da ed February 24, 2012 for information purposes. a. New Proposed Agenda Format Jack Werpresened the Executive Summary"Recommendation to change the format and order of t C Agenda to expedite the meetings" dated February 27, 2012 for consideration Speakers A Cravens, Sierra Club, Calusa Group Nicole Johnson, Conservancy of Southwest Florida The Council determined to continue the item. The Council directed Management Staff to provide clarification on the powers and duties of the Coastal Advisory Committee,Parks and Recreation Advisory Board and Tourist Development Council when the item is under consideration. 4 161 1 A 1 February 27, 2012 b. Tourism Research Services RFP #11-5766 Jack Wert presented the Executive Summary "Recommendation to approve the award of RFP #11-5766 to Research Data Services, Inc.for Tourism Research Services and recommend the BCC Chairman sign Agreement#11-5766 in the amount of$114,900 annually to include a revised termination notification period of 60 days following County Attorney Office approval" dated February 27, 2012. Mr. Hill moved to recommend the Board of County Commissioners award RFP#1 -5766 to Research Data Services, Inc.for Tourism Research Services in the amount ► 14,900 annually to include a revised termination notification period of 60 days following County Attorney Office approval. Second by Mr. Olesky. Carried unanimously y7 (1. 8. Old Business i, a. FY 12 Q1 Financial Report—continued from 1/23/12 meeting , Jack Wert presented the Executive Summary "Tourist Tax Financial Review" dated February 27, 2012 for information purposes. e--,<, 7. New Business - Continued e. Collier County Beach Renourishment Conceptual Plan Gary McAlpin, Director, Coastal Zone Management t presented the Executive Summary "Recommendation to approve the Conceptual Plan,forhe FY2013/14 beach renourishment of Barefoot, Vanderbilt, Clam Pass, Park Shore and aples beaches and make a finding that this item promotes tourism" dated February 2 2012 for consideration. Speakers Marcia Cravens, Sierra Club,Can sa Group Nicole Johnson, Conservancy'oouthwest Florida Mr. Sorey moved to r% o amend the Board of County Commissioners approve Conceptual Plan for the FY2013/14beach renourishment of Barefoot, Vanderbilt, Clam Pass,Park Shore and Naples beaches with inclusion of Option 4.a, the concept of stockpiling sand in strategic locations during non sea turtle nesting season for the purposes of renourishing known erosion hotspots or other emergency beach renourishment projects. The Council finds the item promotes tourism. Second by Ms. Becker. Carried unanimously 7—0. E RFP No;11-5772—"Beach Renourishment Engineering Services" rryVlcAlpin, Director, Coastal Zone Management presented the Executive Summary -4 " commendation to approve shortlist of firms for contract negotiations for RFP No 11- .5772 "Beach Renourishment Engineering Services" dated February 27, 2012. Mr. Sorey moved to recommend the Board of County Commissioners approve the shortlist of firms for Contract RFP No. 11-5772 and authorize staff to begin contract negotiations with the number one shortlisted firm for the Barefoot, Vanderbilt, Clam Pass,Park Shore and Naples beach renourishment, (Coastal Planning and Engineering,Inc.) and the 5 tk C i . °1 3 ' -1ebruary 27, 2012 Marco South Beach Renourishment and Structure Rebuild project, (Coastal Engineering Consultants,Inc.) Second by Mr. Gibson. Carried unanimously 7—0. Speakers Nicole Johnson, Conservancy of Southwest Florida Marcia Cravens, Sierra Club, Calusa Group g. Marco South Beach Renourishment/Structure Rebuild Plan Gary McAlpin presented the Executive Summary "Recommendation to approve the 'Y `° 12/13 Marco South beach renourishment/structure rebuild plan and make a finding that this item promotes tourism" dated February 27, 2012. Mr. Gibson moved to recommend the Board of County Commissioners approve the FY 12/13 Marco South Beach Renourishment/Structure Rebuild Plan,,tand the Council finds the item promotes tourism. Second by Mr. Sorey. Carried unanimously 7—0. h. Clam Pass Bridge Structural Inspection/Repair \ Gary McAlpin presented the Executive Summary"Recimmendaon to approve and authorize structural pilings inspection to the Clam Pass Drain Bridge, approve a budget of $15,000 to complete this work and make a finding that improvements to this beach park facility promotes tourism" dated February 27, 201 Speakers Marcia Cravens, Sierra Club, Calusa Group Mr. Sorey moved to recommend the Board of County Commissioners approve and authorize a structural pilings inspection to the Clam Pass Draw Bridge, approve a budget of$15,000.00 to complete this vo k, and the Council finds the improvement is a Beach Park Facility which promote, tourism. Second by Mr. Olesky. Carried unanimously 7—0. 8. Old Business—(Continued) °°' b. Beach Parking Ana lysis—continued from 1/23/12 meeting None 11. Detailed Stan Iceports Submittect i'° t 12. Council ember Discussion gone 13. Next Scheduled Meeting Date/Location—March 26,2012—9:00 a.m. Collier County Government Center,Administration BLDG. F,3rd Floor,3299 East Tamiami Trail,Naples, Florida 34112. 6 19 16 1 I4ebruary 27, 2012 There being no further business for the good of the County,the meeting was adjourned by order of the chair at 12:10 P.M. COLLIER COUNTY T 1 URIST DEVELOP„ T 1 U CIL (Murray H del,Vice Chairman ,tF< k n J 4"41 These minutes approved by the Board/Committee on _• as presented or as amended : tea. net '•Y! {`t >.1�s „I" f.R. x4a%. ` ; �'�`A• �`��.iEE xYr, r 7 161 a A 1 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, February 27, 2012 LET IT BE REMEMBERED, the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a REGULAR SESSION in Buildit , F" of the Government Complex, Naples, Florida with the Followimnebers present: Chairman: (Vacs c ) Vice Chairman: 44ii a =H. Hendel Srtsar/Becker , Jerry Gibson 'Clark Hill Rick Medwedeff Robert Miller (Excused) Ed (Ski) Olesky John Sorey III v�x� F' 1 ALSO-I'RESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Tax Coordinator 1 r February 27, 2012 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order—Vice Chairman Hendel Mr. Hendel called the meeting to order at 9:0 A.M. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Roll Call A quorum was established. X x" 5. Approval of TDC Minutes a. Regular Meeting January 23,2012 ; a Ms. Becker moved to approve the minutes of the January 23, 2012 meeting. Second by Mr. Olesky. Carried unanimously 7-0. ma Mr. Sorey moved to rescind the Council's previous requests 4 staff at the January 23, 2012 meeting as listed below: " 1. Staff to amend the report "Beach FrontReslr rooms Collier County and City"and identify the requirement for any FEMA ele ation variances (whether previously required for, or to be required for the uction of the facility). t",r3 2. Staff to provide a report on t e basis the FEMA maps were proposed to be amended (flood zones in question amended from VE to AE zone). 3. Staff to: .. 1. Provide a reportby analyzing entrance gate transactions, or other applicable means), outlininghe percentage of County residents vs. non County residents utilizing the Vanderbilt Beach Road parking garage. 2. Provide a review of the document "FDEP Cost Share Program 7/7/2011"provided at,a-pre ous meeting. 3. Detrmine for which purposes individuals are allowed to utilize the parking garage (beach parking, shopping, etc.). 4 Coordinate with Mr. Hill to ensure staff submits the information requested in the _`)format anticipated by the Council. Staff to provide an analysis of rooms and related parking for county-wide gulf front properties. 5. Staff to provide an expanded beach parking analysis to include Naples,Marco Island, and County beaches. Second by Ms. Becker. Carried unanimously 7—0. 2 9■ February 27, 2012 4. Changes and Approval of Agenda Mr. Hendel moved to set the time of the regularly scheduled Tourist Development Council Meetings from 9:00 am to 12:00 pm. Second by Mr. Sorey. Carried unanimously 7—0. The Council reached consensus Crystal Kinzel,Director of Finance,shall not be required to attend Tourist Development Council meetings unless requested by the Council. Mr. Hendel moved to approve the Agenda subject to the following changes: • Items 9 and 10 to be heard after Item 6. • Addition of Item 10.h—TDC and TDC Subcommittee 2-17-12 meeting report, y Staff. Second by Mr. Sorey. Carried unanimously 9-0. 6. Presentations/Public Comment John Lundin—Report on opportunities for expanded Economic Development in the County. 9. Marketing Partner Reports ., A Slideshow titled"Marketing Partner Reports—February 7,X20127 vhich included the following reports were presented by Staff and Consultants: a. Tax Collections—Jack Wert "Tourist Tax Collections—Collier County Tax Collector" b. Paradise Advertising- Lee Goddard "Advertising Report Paradise Advertising and Marketing, Inc. — TDC, February 27, 2012" c. Lou Hammond and Assoc.—JackWert� "Public Relations Report—National`Public Relations Update— TDC Meeting February 27, 2012. " �E, d. Research Data Services,-Dr. Walter Klages "Collier County Tourism Research, February 27, 2012—Research Data Services, Inc. " e. Miles Media., Website Activity—Jack Wert "Website xMilesEMedia Group" E Sales d Marketing Technology-Search Engine Optimization -Jack Wert "Search Engine Services—Sales and Marketing Technologies, Inc. " Phase V- Fulfillment Services—Jack Wert Fulfillment Services—Phase IV" 10. Tourism Staff Reports Jack Wert provided the following reports unless otherwise noted: a. Director b. Sales and Marketing 3 F z CFebruary 27, 2012 c. Public Relations and Communications d. Film Office e. Sports Marketing f. International Representatives g. Visitor Centers (Nancy Kerns,Visitor Information Center Coordinator provided the Report). h. TDC and TDC Subcommittee 2-17-12 Meeting Report Speaker John Lundin A Break: 10:15 a.m. Reconvened: 10:25 a.m. 7. New Business The Committee determined to hear Items 7.c and 7.d next,followed bye 7 a 7.b, 8.a, 7.e, 7.f 7.g and 7.h. c. Subcommittee Report and Recommendations Jack Wert presented the Executive Summary "Recommendation'to the Collier County Board of County Commissioners to approve the recommendations of the Tourist Development Council (TDC) special subcommittee;dated February 27, 2012 for consideration. Mr. Sorey moved for the Tourist DevelopenEt'Council to hold special meeting to consider the item. Second by Ms. Becker. Carried,unanimously 7—0. d. Museum Consultant Report Ron Jamro, Director Collier;Co tnty Museums and Ann Wykell, Social Sector Solutions presented the Report"Analysis.of Research Data on Government Owned and Operated Museums in Florida°'dated February 24, 2012 for information purposes. a. New Proposed Agenda Format Jack Wert presented the Executive Summary"Recommendation to change the format and order of the TDC Agenda to expedite the meetings" dated February 27, 2012 for consideration. 6 �E x"eft Speaker' f "'' aria Cravens, Sierra Club, Calusa Group Nicole Johnson, Conservancy of Southwest Florida The Council determined to continue the item. The Council directed Management Staff to provide clarification on the powers and duties of the Coastal Advisory Committee,Parks and Recreation Advisory Board and Tourist Development Council when the item is under consideration. 4 161 bray/9012 b. Tourism Research Services RFP #11-5766 Jack Wert presented the Executive Summary "Recommendation to approve the award of RFP #11-5766 to Research Data Services, Inc.for Tourism Research Services and recommend the BCC Chairman sign Agreement#11-5766 in the amount of$114,900 annually to include a revised termination notification period of 60 days following County Attorney Office approval" dated February 27, 2012. Mr. Hill moved to recommend the Board of County Commissioners award RFP#1I-5766 to Research Data Services,Inc.for Tourism Research Services in the amount oaf 514,900 annually to include a revised termination notification period of 60 days following County Attorney Office approval. Second by Mr. Olesky. Carried unanimously 7±:.4 8. Old Business a. FY 12 Q1 Financial Report—continued from 1/23/12 meeting Jack Wert presented the Executive Summary "Tourist Tax Financial Review" dated February 27, 2012 for information purposes. 7. New Business - Continued e. Collier County Beach Renourishment Conceptual Plan Gary McAlpin, Director, Coastal Zone Management presented the Executive Summary "Recommendation to approve the Conceptual Plan ftr Ihe FY2013/14 beach renourishment of Barefoot, Vanderbilt, Clam Pass, Park Shore' tdaples beaches and make a finding that this item promotes tourism" dated February 2 2012 for consideration. Speakers Marcia Cravens, Sierra Club,.r.alusa Group Nicole Johnson, Conservancy of-Southwest Florida Gam. Mr. Sorey moved to recommend the Board of County Commissioners approve Conceptual Plan for the FY2013/14each renourishment of Barefoot, Vanderbilt, Clam Pass,Park Shore and Naples beaches with inclusion of Option 4.a, the concept of stockpiling sand in strategic locations during non sea turtle nesting season for the purposes of renourishing known erosion hotspots or other emergency beach renourishment projects. The Council finds theitem promotes tourism. Second by Ms. Becker. Carried unanimously 7—0. ha„,a, f. RFP No 11-5772—"Beach Renourishment Engineering Services" ,/<< ar VIcAlpin, Director, Coastal Zone Management presented the Executive Summary "Recommendation to approve shortlist offirms for contract negotiations for RFP No 11- :5f 5772 "Beach Renourishment Engineering Services" dated February 27, 2012. Mr. Sorey moved to recommend the Board of County Commissioners approve the shortlist of firms for Contract RFP No. 11-5772 and authorize staff to begin contract negotiations with the number one shortlisted firm for the Barefoot, Vanderbilt, Clam Pass,Park Shore and Naples beach renourishment, (Coastal Planning and Engineering,Inc.) and the 5 1 k. 'e)a ua y 14201' Marco South Beach Renourishment and Structure Rebuild project, (Coastal Engineering Consultants, Inc.) Second by Mr. Gibson. Carried unanimously 7—0. Speakers Nicole Johnson, Conservancy of Southwest Florida Marcia Cravens, Sierra Club, Calusa Group g. Marco South Beach Renourishment/Structure Rebuild Plan Gary McAlpin presented the Executive Summary "Recommendation to approve the FY`: 12/13 Marco South beach renourishment/structure rebuild plan and make a finding that this item promotes tourism" dated February 27, 2012. Mr. Gibson moved to recommend the Board of County Commissioners OpprOVe the FY 12/13 Marco South Beach Renourishment/Structure Rebuild Plan rand.the Council finds the item promotes tourism. Second by Mr. Sorey. Carried unanimously 7—0. h. Clam Pass Bridge Structural Inspection/Repair Gary McAlpin presented the Executive Summary"Recommendation to approve and authorize structural pilings inspection to the Clam Pass D raw Bridge, approve a budget of $15,000 to complete this work and make a finding that improvements to this beach park facility promotes tourism"dated February 27, 202 yr Speakers Marcia Cravens, Sierra Club, Calusa 614 Mr. Sorey moved to recommend the Board of County Commissioners approve and authorize a structural pilings inspection to the Clam Pass Draw Bridge, approve a budget of$15,000.00 to complete this woik,and the Council finds the improvement is a Beach Park Facility which promotes.tourism. Second by Mr. Olesky. Carried unanimously 7—0. 8. Old Business—(Continued) E b. Beach Parking Analysis—continued from 1/23/12 meeting None nr �ti 11. Detailed Staff eports Submitted F 12. Coi` cilMember Discussion None 13. Next Scheduled Meeting Date/Location—March 26, 2012—9:00 a.m. Collier County Government Center,Administration BLDG. F,3rd Floor,3299 East Tamiami Trail,Naples, Florida 34112. 6 . . . . . . . i6iiil9 February 27, 2012 There being nofurther business Art e good of the County,t the meeting was adjour e by order of the c air at 12:10 P.M. COLLIER COUNTY TOURIST DEV£LOPME, COUNCIL ^�- , ��d y IL� . . < ; ur a nde Vice C airman These minutes approved byt the Board/Committee on a presented o as amended . ^ » \ «® / 2 / 7 16 2 Marcc O h 1 2 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING e Naples, Florida, March 16, 2012 a' LET IT BE REMEMBERED, that the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in a SPECIAL SESSION at 3299 East Tamiami Trail, Administration Building "F" 3rd Floor in the Collier County Commission Chambers, Naples, Florida, with the following members present: Chairman: (Vacancy) Vice Chair: Murray H. Hendel Fiala Commissioner Tom Henning Hiller Henning j' Susan Becker Coyle ✓ Jerry Gibson c,oletta Clark Hill tJG�w Rick Medwedeff Robert Miller (Excused) Edward (Ski) Olesky John Sorey III Misc. Corres: Date; '-4 lG Imo, ALSO PRESENT: Item :1�= Zp- Jack Wert, Tourism Director Copies to: Kelly Green, Tourist Tax Coordinator Colleen Greene, Assistant County Attorney 1 161 I,, ch 16' 211 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order Mr. Hendel called the meeting to order at 9:00 A.M. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Roll Call A quorum was established. 4. Changes and Approval of Agenda (Mr. Sorey must leave the meeting at 10:30 a.m.) Move: 7. New Business Items a. & b. before Item #5. Mr. Sorey moved to approve the Agenda as amended. Second by Mr. Medwedeff. Carried unanimously 8-0 7. New Business a. Election of Chairman for 2012 The Council nominated Mr. Hendel and Mr. Medwedeff to fill the Chairman vacancy. The Council elected Mr. Hendel as Chairman and Mr. Medwedeff as Vice Chair for the balance of 2012. b. TDC Subcommittee Recommendations Jack Wert presented the Executive Summary "Recommendation to the Board of County Commissioners to approve the recommendations of the Tourist Development Council (TDC) Special Subcommittee" dated March 16, 2012 for consideration. Mr. Hendel remarked "For the Record. " Mr. Medwedeff reviewed the Subcommittee Recommendations as follows: 1. In order to remain competitive, our Naples,Marco Island, Everglades Convention & Visitor Bureau must find new sources of revenue to support a more robust year-round destination advertising and promotion effort. 2. A reallocation of Tourist Development Tax (TDT) revenues should be considered to put these important dollars where they will return the most for our community. 2 162 itd9 March 16, 2012 Public Speakers Mark Bahr Steve McIntire Tom White Randy Smith Hunter Hansen Sandy Riedemann Desiree Buhelos Michael Seef Ron Albeit Jacob Winge Mr. Sorey entered an email into record addressed to TDC and CAC. Mr. Sorey moved to continue this item, in order to allow Mr. Wert to go to County Staff and the Beach Park and Recs'Committee so that we continue to research this before we send this to the BCC. Commissioner Henning suggested amending motion to have the Subcommittee invite the County Manager and OMB Staff to present their findings and recommendations and get their input and support. Mr. Sorey moved to continue this topic to allow Mr. Wert and Subcommittee to have discussions with the County Staff to get their opinion, either recommendation or recommendation not to support this, meet with Friends of the Museums and the Beach Park Rec to get their recommendation and bring back to TDC for their consideration. Second by Commissioner Henning. Motion failed 4-4. Mr. Medwedeff,Mr. Clark, Mr. Olesky and Mr. Gibson opposed Mr. Medwedeff moved to put this recommendation in front of the TDC to vote on whether it is a viable proposal to submit to the County Management to reallocate our TDC Funds. Second by Ms. Becker. Commissioner Henning suggested the motion include Mr. Sorey's recommendation. Mr. Medwedeff restated the motion as follows "The Council will vote on the plan, the recommendations as submitted and if that is an affirmative vote; then take to the County and other constituents that would be impacted by this reallocation. " Motion carried unanimously 8-0. Further discussion made after 7. c. Mr. Sorey and Ms. Becker left at 10:30 a.m. 3 March 16, 2012 Recessed: 10:30 a.m. Reconvened: 10:40 a.m. 5. Approval of TDC Minutes a. Regular Meeting- February 27,2012 b. Special Meeting-February 17,2012 Header Sheet: 5th line, remove "Subcommittee" Members present—Commissioner Georgia Hiller should read (Resigned) Correct spelling John "Sorey"III c. Subcommittee Meeting—February 17,2012 Mr. Medwedeff moved to approve the minutes (TDC February 27, Special TDC February 17 and Subcommittee February 17) as amended. Second by Mr. Olesky. Motion carried 6-0. 6. Presentation/Public Comment Public Speaker John Lundin gave a video presentation on an idea for a theme park in Immokalee called I-Panave -a National Park of Vegetables. 7. New Business c. Change Date of April TDC Meeting Next Meeting Date/Location—April 30,2012—9:00 a.m. Collier County Government Center,Administration Bldg. "F" 3rd Floor,3299 East Tamiami Trail,Naples, Florida 34112. b. TDC Subcommittee Recommendations - Continued "Recommendation to the Board of County Commissioners to approve the recommendations of the Tourist Development Council (TDC) special subcommittee" dated March 16, 2012 for consideration. Mr. Medwedeff continued to review Subcommittee Recommendations as follows: 3. Request that the County Commission recognize TDT revenue received that is above the current year projections for immediate use for destination marketing. 4. Extend the allocation of TDT interest earned on each fund receiving taxes to Fund 184 for marketing for an additional three year through FY 15. Mr. Hendel objected to a three year approval and would support on a yearly basis. 4 1612 A 9 March 16, P1 5. Collier County should aggressively pursue State and Federal cost share funding for our beach renourishment projects. 6. Attract more direct air service to the Ft. Myers International Airport and to Naples Municipal Airport. 7. The CVB must dramatically increase its Community Relations efforts to encourage more local and regional media coverage of the impact and importance of tourism to our community. 8. Ensure that the Convention & Visitors Bureau as administered by the Tourism Department is included and is an equal participant in any Economic Development Planning for the County. Commissioner Henning recommended adding the cost of monitoring beach renourishment. A consensus was formed to approve items 3 - 8 with requested changes. 8. Council Member Discussion Mr. Gibson requested the Tourist Development Council address the Marco Island and Everglade City alternating terms be added to the next agenda. 9. Next Meeting Date/Location—Addressed 7c. There being no further business for the good of the County, the meeting ended at 11:15 A.M. COLLIER COUNTY TOURIST DEVELOP • U CIL chairman urray H. Hendel These Minutes were approved by the Council on as presented or as amended 5 161 a A Marc �2 2 2 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Ft ,, -, ° , n Naples, Florida, March 26, 2012 ; BY: ...,., , ......a...... LET IT BE REMEMBERED, the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the following members present: Chairman: Murray H. Hendel Vice Chairman: Rick Medwedeff(Excused) •/ Commissioner Henning Hata � Susan Becker :-iit er — ienning�' _. --- Jerry Gibson Coyle Clark Hill JKJa-Acc. Robert Miller (Excused) Ed (Ski) Olesky John Sorey III Misc. Corres: Date: ` i�g� t Item*: q Copies to: ALSO PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Tax Coordinator 1 101 6u.r r March 26, 2012 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order—Chairman Hendel Chairman Hendel called the meeting to order at 9:00 a.m. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Roll Call A quorum was established. 4. Changes and Approval of Agenda Mr. Gibson moved to approve the Agenda subject to the following addition: • Item 7.d—Medical Tourism Update Second by Mr. Sorey. Carried unanimously 7—0. 5. Approval of TDC Minutes None 6. Presentations/Public Comment- (3 minutes each) None 7. New Business a. Vanderbilt Beach Access Signage Gary McAlpin presented the Executive Summary "Recommendation to approve budget in the amount of$41,360 for the Vanderbilt Beach Access signage installation and access amenities pursuant to a Board approved Settlement Agreement dated August 29, 2011, and make a finding this item promotes tourism" dated March 26, 2012 for consideration. The Council requested that staff provide an itemized list of costs associated with the project for informational purposes. Mr. Sorey moved to recommend the Board of County Commissioners approve a budget in the amount of$41,360 for the Vanderbilt Beach access signage installation and amenities and finds the proposal promotes tourism. Second by Mr. Hill. Speakers Mary Lou Smart spoke in support of the proposal. Rainer Olbrich spoke in support of the proposal. An email dated March 25, 2012 was submitted by Lesley Oliver and Paul Toneguzzo supporting the proposal. Motion carried unanimously 7—0. 2 1 I dlar4 912 b. Everglades/Marco Island TDC Appointment Rotation Discussion Jack Wert presented the Executive Summary"Recommendation to discuss amending County Ordinance 2000-44 concerning rotation ofthetse(nd municipal position on the Tourist Development Council (TDC) between cities in the County" dated March 26, 2012 for consideration. It was noted the current ordinance requires at least one elected official from the most populous city in the County, with the City of Marco Island and Everglades City alternating to fulfill the statutory requirement if another elected official is to be seated on the Tourist Development Council. Mr. Sorey moved to recommend the Board of County Commissioners amend County Ordinance 2000-44-Section 3 (b) to incorporate the following concept: Representation of the Tourist Development Council includes one representative (elected official)from the most populous city in the County and one representative (elected official)from another city. In addition, at the time of appointments, consideration is given to appoint a representative of the tourism industry from the other cities. Second by Mr. Gibson. Carried unanimously 7—0. c. Tourism Week Proclamation Jack Wert presented the Executive Summary "Recommendation to Approve a Proclamation for National Tourism Week" dated March 26, 2012 for consideration. Mr. Sorey moved to proclaim the week of May S—13, 2012 "National Tourism Week." Second by Mr. Gibson. Carried unanimously 7—0. d. Medical Tourism Jack Wert provided an update on the concept of promoting medical tourism for the area noting, there are active discussions with a committee in place to review the idea. The Council reached a consensus to appoint Susan Becker as the Tourist Development Council representative to the Committee. 8. Old Business a. New Proposed Agenda Format—continued from 2/27/12 meeting Jack Wert presented the Executive Summary"Recommendation to change the format and order of the TDC Agenda to expedite meetings (Continued from the Feb. 27, 2012 TDC Meeting)" dated March 25, 2012 for consideration. He noted that items may be pulled from the Consent Agenda for further discussion if requested by a member of the Council. Under council member discussion, concern was expressed that consent agenda items may have a tendency to limit public input and/or a debate on issues. 3 i19 1612 March 26, 2012 Mr. Sorey moved to approve the Agenda format as recommended by staff subject to the following change: 1. The Agenda provides two opportunities for Public Comment, one at the beginning portion of the meeting and the other at the end portion of the meeting. Second by Mr. Olesky. Carried unanimously 6 "yes"—1 "no." Commissioner Henning voted "no." 9. Marketing Partner Reports TDC Subcommittee Update Jack Wert provided an update on the status of subcommittee recommendations reviewed by the TDC. TDC recommendations will be provided to stakeholders for input and returned to the TDC for final review. The TDC's final recommendations will be submitted to the Board of County Commissioners for their consideration. A slideshow titled"Marketing Partner Reports—March 26, 2012" including the following reports was presented by staff and consultants: a. Tax Collections—Jack Wert "Tourist Tax Collections—Collier County Tax Collector" d. Research Data Services (heard after Item 9a)—Dr. Walter Klages "Collier County Tourism Research, March 26, 2012—Research Data Services, Inc. " The Council requested staff and the consultants provide data on both a fiscal year and calendar year format(where applicable). Break: 10:25a.m. Reconvened: 10:37a.m. b. Paradise Advertising—Lee Goddard "Advertising Report Paradise Advertising and Marketing, Inc. — TDC, March 26, 2012" c. Lou Hammond & Associates—PR Services—Jonell Modys "Public Relations Report—National Public Relations Update— TDC March 26, 2012. " e. Miles Media -Website Activity—Jack Wert "Website—Miles Media Group" f. Sales & Marketing Technologies - Search Engine Optimization -Jack Wert "Search Engine Services—Sales and Marketing Technologies, Inc. " g. Phase V - Fulfillment Services—Jack Wert "Fulfillment Services—Phase IV" 4 6 A �. 9 March 26, 2012 10. Tourism Staff Reports Jack Wert provided the following reports unless otherwise noted: a. Director b. Sales & Marketing—Debi DeBenedetto c. Public Relations & Communications d. Film Office e. Sports Marketing f. International Representatives g. Visitor Centers 11. Detailed Staff Reports Submitted 12. Council Member Discussion Mr. Gibson reported his term has expired and this would be his final TDC Meeting. The Council recognized Mr. Gibson's service to the Council, the City of Marco Island and the citizens of Collier County. 8:30 a.m. - Starting time for future TDC Meetings Mr. Sorey moved to set a starting time of 8:30 a.m.for future Tourist Development Council Meetings. Second by Mr. Hill. Carried unanimously 7— 0. 13. Next Scheduled Meeting Date/Location—April 30,2012—8:30 a.m. Collier County Government Center, Administration Bldg. F,3rd Floor, 3299 East Tamiami Trail, Naples,Florida 34112 There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11:22 A.M. COLLIER COUNT TOU ST DEVELP 'M ' OUNIf Chairm.n,Murray Hendel These minutes approved by the Board/Committee on as presented or as amended 5 1612A19 April 11, 2012 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, April 11, 2012 B : ,.. . . .... LET IT BE REMEMBERED, that the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in a SPECIAL SESSION in Building "F", County Manager's Office, Front Conference Room of the Government Complex, Naples, Florida, with the following members present: Chairman: Murray H. Hendel Vice Chair: Rick Medwedeff Commissioner Tom Henning Susan Becker Jerry Gibson (Excused) Fiala a Clark Hill Hider Robert Miller Henning -1 Coyle Edward (Ski) Olesky Getette John Sorey III (Excused) Nance Misc. Corres: Date: L.-WM 3 Item#:1 L e=2—F3- ALSO PRESENT: Jack Wert, Tourism Director Copies to: Gary McAlpin, Coastal Zone Management Director Kelly Green, Tourist Tax Coordinator Colleen Greene, Assistant County Attorney 1 p , rs April 11, 2012 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order Mr. Hendel called the meeting to order at 9:00 A.M. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Roll Call A quorum was established. 4. Changes and Approval of Agenda Ms. Becker moved to approve the Agenda as presented. Second by Mr. Olesky. Motion carried unanimously, 7-0 5. Approval of TDC Minutes a. Special Meeting-March 16,2012 Change: Page 3, 2nd Motion, last sentence,from "Mr. Clark" to "Mr. Hill" Mr. Medwedeff moved to approve the Special meeting,March 16, 2012 minutes as amended. Second by Ms. Becker. Motion carried unanimously, 7-0. 6. New Business a. TDC Appointment Recommendations Jack Wert presented an Executive Summary"Review applications for appointments to the Tourist Development Council", Memorandum dated April 3, 2012,Applications for Advisory Committee/Boards submitted by Douglas House, Rick Medwedeff and Murray Hendel. (See attached) A Resolution re-appointing Mayor John Sorey to the Tourist Development Council dated March 22, 2012 has been received. (See attached) It was noted Everglade City recommended Councilman Macbeth Collins represent the rotating seat between Marco Island and Everglade City. The recommendations will be submitted to the BCC. Ms. Becker moved to nominate both,Mr. Hendel(Non-Owner/Operator) and Mr. Medwedeff(Owner/Operator)for re-appointment to TDC. Second by Mr. Miller. Motion carried unanimously, 7-0. b. Proposed TDC Ordinance Amendment on Deleting Municipal Seat Rotation Jack Wert presented and reviewed an Executive Summary "Recommendation to the Tourist Development Council to approve and recommend an amendment to the Tourist Development Council (Advisory Board) Ordinance No. 92-18, as amended, to more specifically conform to the statutory language in Section 125.0104(4)(e), Florida Statute" dated April 11, 2012 for consideration. 2 � 1 9 April 11, 2012 16 Ordinance No. 2012- with added and deleted text was also distributed. (See attached) A recommendation was made to change paragraph(c)to read: Six (6) members of the Council shall be persons who are involved in the tourist industry and who have demonstrated "experience" in tourist development, of which members, not less than three (3) nor more than four (4) shall be owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the County and subject to tax. Mr. Medwedeff moved to change the wording in paragraph (c)from "an interest"to "experience." Second by Mr. Hill. Motion carried unanimously, 7-0. Mr. Medwedeff moved to accept the changes to the Statute as written with the modifications made with the word "experience." Second by Mr. Hill. Motion carried unanimously, 7-0. c. Vanderbilt Beach Restroom Lawsuit—Expert Witness Fees from Fund 183 Gary McAlpin distributed and reviewed an Executive Summary "Recommendation for the Tourist Development Council to approve and recommend authorization to use Tourist Development Tax from Fund 183 Beach Park Facilities for litigation expenses in support of the Administrative Petition styled Rollin Rhea, et. al. v. Collier County and Florida Department of Environmental Protection, DOAH Case No. 12-0495" dated April 11, 2012 for consideration. He asked for recommendation from the TDC to fund the litigation expenses in support of the beach park facility using tourist development tax funds in the amount of$30,000 and find expenditure promotes tourism to be forwarded to the BCC for approval. Public Speaker Kathleen Robbins, Secretary-Vanderbilt Beach Residents Association Staff provided a Memorandum to Scott Teach, Deputy County Attorney from Colleen M. Greene, Assistant County Attorney dated December 16, 2011 regarding Tourist Development Tax Section 125.0104(5) (a) 4, Florida Statute RLS#11- CLK-00109 Commissioner Henning read out loud an excerpt from AGO 01-42 dated June 19, 2001 which did not list hiring an expert to defend a litigation matter. Colleen Greene noted that is not included in the plain language of the statute but gives the County the ability make a determination. The Attorney General provides the discretion to the County to determine as to whether it is reasonable type of expenditure of TDC funds. Mr. Medwedeff moved to deny funding of this litigation on the use of TDC Funds. Second by Mr. Miller. Motion carried, 6-1. Mr. Olesky opposed. 3 6 /t zc4 c: April 11, 2012 8. Council Member Discussion 1 Jack Wert reported the TDC Subcommittee will present their recommendations to CAC and PARAB in May. 9. Next Meeting Date/Location The next scheduled meeting will be held on April 30, 2012 at 8:30 a.m. There being no further business for the good of the County,the meeting ended at 9:50 A.M. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL airman Murray H. Hendel These Minutes were approved by the Council on as presented or as amended . 4 161 19 pril 30, 2012 I' MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING 7 .r Naples, Florida, April 30, 2012 LET IT BE REMEMBERED the Collier County Tourist Devement Council in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the following members present: Fiala Chairman: Murray H. Hendel Hiller Vice Chairman: Rick Medwedeff Henning a i' " Commissioner Henning Coyle ./ eae Susan Becker (Excused) Clark Hill Robert Miller Ed (Ski) Olesky John Sorey III McBeth Collins (Excused) Date: ' 1 l cl 1 i b Item#: 1 15 Copies to: ALSO PRESENT: Jack Wert, Tourism Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Tax Coordinator 1 April 30, 2012 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order—Chairman Hendel Chairman Hendel called the meeting to order at 8:30 A.M. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Roll Call A quorum was established. 4. Changes and Approval of Agenda Mr. Miller moved to approve the Agenda subject to the following additions: Item 7.b—Medical Tourism Update Item 7.c—TDC Public Relations Control Second by Mr. Hill. Carried unanimously 7—0. 5. Approval of TDC Minutes a. Special Meeting April 11,2012 Mr. Sorey moved to approve the minutes of the April 11, 2012 meeting as submitted. Second by Mr. Olesky. Carried unanimously 7—0. b. Regular Meeting March 26,2012 Mr. Sorey moved to approve the minutes of the March 26, 2012 meeting as submitted. Second by Mr. Olesky. Carried unanimously 7—0. 6. Presentations/Public Comment- (3 minutes each) John Lundin addressed the council and recommended the county consider development of a convention center and other tourist destination projects. 7. New Business a. Quarterly Financial Review Jack Wert provided the Executive Summary "Tourist Tax Financial Review"dated April 20, 2012 for information purposes and provided an update on the status of TDC funds. b. Medical Tourism Update Jack Wert provided an update on medical tourism, reporting there is a committee in place studying the issue. The committee intends to submit recommendations to the Tourist Development Council mid-summer. Susan Becker submitted a memo outlining results of a meeting on the subject hosted by Arthrex, Inc. held on April 25, 2012 in which she attended representing the TDC. 2 lov4l9 AYi1 30, 2012 The council also discussed the feasibility of developing a convention center in the county. The council: • Reached consensus for Susan Becker to be the Tourist Development Council's representative on the committee. • Requested staff submits the committee's list of members to them for informational purposes. • Contact representatives ofArthrex,Inc. and request they address the council on the subject of medical tourism and the related facilities required. Speaker Bob Krasowski c. TDC Public Relations Control Chairman Hendel expressed concern on recent inaccurate media reporting on TDC issues and recommended the council assign Mr. Wert as their spokesperson for any issues affecting the TDC. Discussion occurred on the ramifications of the recommendation and no action was taken by the council. 8. Old Business None 9. Marketing Partner Reports A slideshow titled"Marketing Partner Reports—April 30, 2012"was presented and also included the following reports by staff and consultants: a. Tax Collections—Jack Wert "Tourist Tax Collections—Collier County Tax Collector" The council requested staff confirm the website "Vacation Rental By Owner"(VRBO) is being monitored to ensure the required tourist tax is being collected for any county properties offered as "short term rentals. " d. Research Data Services "Collier County Tourism Research, April 30, 2012—Research Data Services, Inc. " b. Paradise Advertising—Lee Goddard "Advertising Report Paradise Advertising and Marketing, Inc. — TDC, April 30, 2012" c. Lou Hammond & Associates—PR Services—Jonell Modys "Public Relations Report—National Public Relations Update— TDC Meeting April 30, 2012. " e. Miles Media -Website Activity—Jack Wert "Website—Miles Media Group" 3 A it ni1 9 f. Sales & Marketing Technologies - Search Engine Optimization—Jack Wert "Search Engine Services—Sales and Marketing Technologies, Inc. " g. Phase V - Fulfillment Services—Jack Wert "Fulfillment Services—Phase IV" Break: 9:50 a.m. Reconvened: 10:01 a.m. 10. Tourism Staff Reports Jack Wert provided the following reports unless otherwise noted: a. Director b. Sales & Marketing c. Public Relations & Communications—Jonell Modys The council requested that staff provide council members "online links"to any print media articles that promote the destination. d. Film Office e. Sports Marketing f. International Representatives g. Visitor Centers 11. Detailed Staff Reports Submitted 12. Council Member Discussion Discussion occurred between staff and council members on ramifications of the Board of County Commissioners Meeting where an item regarding appointment of TDC members was heard. 13. Next Scheduled Meeting Date/Location—May 29,2012—8:30 a.m. Collier County Government Center, Administration Bldg. F,3rd Floor, 3299 East Tamiami Trail,Naples,Florida 34112 14. Announcements Tourism Awards Luncheon—May 10, 2012—11:30 a.m. Marco Island Marriot Beach Resort Golf Club and Spa 4 . . 1612 ),,, 9, 2012 .. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:52 A.M. COLLIER COUNTY TOURIST DEVELOPM - T OU I 1 L l Murray Hendel, Chairman These minutes approved by the Board/Committee on , as presented or as amended . 5 161 L Al4 y 29, 2012 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING 4 i Naples, Florida, May 29, 2012 ,P. BY: .. ... .. g ,,... LET IT BE REMEMBERED the Collier County Tourist Development Count l in and for the County of Collier, having conducted business herein, met on thii date at 8:30 AM in a REGULAR SESSION in Building "F" of the Government domplex, Naples, Florida with the Following members present: ,k , Chairman. Murray H,-Mendel Fiala `� Vice Chairman: Ai64..Mec edeff Hiller : Henning,-r -0- Co nmissioner Henning Coyle s, Susan Becker ceietae ��'�` —Clark Hill N�`►�- '' Robert Miller (Excused) Ed (Ski) Olesky John Sorey, III (via telephone at 9:47 a.m.) 4� Macbeth Collins (Absent) \ r,° Misc.Corres: '' Date: "Uci t'3 Item#:14=1- l �' Copies to: ALS"O PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Tax Coordinator 1 , r A '; 9 • '. y May29, 2012 . Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order—Chairman Hendel Chairman Hendel called the meeting to order at 8:30 AM 2. Pledge of Allegiance Pledge of Allegiance was recited. ,j'' ' 7) 3. Roll Call A quorum was established. Jack Wert, Tourism Director reported that the proposed amendment to Ale Tourist Development Council Membership was adopted by the Board of County missioners (BCC) by a 3 -2 vote. The Ordinance now requires the Council be compris6 *Olt�i mg others) of one elected official from the City of Naples, one elected official from r er,it of Marco Island and one member recommended by the Everglade City, City Council all requiring confirmation by the BCC). 4. Changes and Approval of Agenda Ms. Becker moved to approve the Agenda subject to the following change: • Item 9.d be heard before 9.a ; Second by Mr. Medwedeff, Carried unanimous 6—0. 5. Approval of TDC Minutes ° a. Regular Meeting 4/30/12 Commissioner Henning moved dtto approve the minutes of the April 30, 2012 meeting as presented,Second by Mr. Oleskjy, Carried unanimously 6—0. a r 6. Presentations/Public Comment- (3 minutes each) Speaker Bob Krasowski, ;'--, 7. New Business a. CAPE,Contract Award#11-5772 G rMcAlpin reported that the Major Beach Renourishment Plan was approved by the ;� CC Not subject to a specific design rather permitting a 10 year beach renourishment project, so the County can maintain flexibility and scale back the project if necessary when �r the final scope of services and available funding is identified. In addition,the BCC approved the Marco Island Beach Renourishment Plan and approved the "rankings of consultants" for the projects. Gary McAlpin, Director, Coastal Zone Management presented the Executive Summary "Recommendation to recommend approval of award of Contract#11-5772 for Collier County 2013-14 Beach Renourishment Project Design Engineering and Permitting Services 2 . 0 i 29, 2012 for Renourishment of Barefoot, Vanderbilt, Clam Pass, Park Shore and Naples to Coastal Planning and Engineering in the amount of$848,554" dated May 29, 2012 for consideration. Speaker Bob Krasowski Mr. Hill moved to continue the item pending staff returning it with cost estimates for the proposed services for options of"major"beach renourishment other than that currently proposed,Second by Mr. Medwedeff,Motion failed 2 "yes"—4 "no." (Chairman' 1, Commissioner Henning,Ms. Becker and Mr. Olesky voted "no') Mr. Olesky moved to recommend the Board of County Commissioners award Contract cr #11-5772 for Collier County 2013-14 Beach Renourishment Project Design`Engineering and Permitting Services for Renourishment of Barefoot, VanderbilfiCi m Pass,Park Shore and Naples to Coastal Planning and Engineering in the am ourf$848,554." Second by Chairman Hendel. Motion carried 4 `yes"—2 "no. '(Mr , dwedeff and Mr. Hill voted "no') b. CEC Contract Award#11-5772 Gary McAlpin,presented the Executive Summary `emendation to recommend approval of award of Contract#11-5772 for Fin �' ` ,4 Bid, and Construction Support E.Services for Beach Renourishment and the eb i o the five Existing Erosion Control Structures to Coastal Engineering Consultts( . C)for a not to exceed Time and Material amount of$98,762 and make a finding teat thi item promotes tourism" dated May 29, 2012 for consideration. F Speaker Bob Krasowski )E Mr. Medwedeff moved to recommend the Board of County Commissioners award Contract #11-5772 for Final esign, Bid, and Construction Support Services for Beach Renourishment Renourishmint-anally rebuilding of the five Existing Erosion Control Structures to Coastal Engitring'Consultants (CEC)for a not to exceed Time and Material amount of $98,762 and ekes a finding that this item promotes tourism. Second by Ms. Becker, Carried unanimously 6—0. CO terns Work Order—Beach Monitoring - GaryYlcAlpin,presented the Executive Summary "Recommendation to recommend At, *royal of a Work Order with Atkins North American, Inc.for Physical Monitoring under '-. 9.,s ontract #09-5262-CZ for a not to exceed Time and Material amount of$135,200 and make a finding that this item promotes tourism" dated May 29, 2012 for consideration. Speaker Bob Krasowski 3 f', l� ay'29, 12 Mr. Medwedeff moved to recommend the Board of County Commissioners approve a Work Order with Atkins North American, Inc.for Physical Monitoring under Contract#09- 5262-CZfor a not to exceed Time and Material amount of$135,200 and makes a finding that this item promotes tourism. Second by Ms. Becker, Carried unanimously 6—0. Break 9:30am Reconvened: 9:41 am d. FY 12/13 TDC Category B Grant Applications ( Jack Wert presented the Executive Summary"Tourist Tax Category B Grant Application Review and Recommendation for FY 13 Totaling$63,000" dated May 29, 2012 for consideration. k He reported: 4 �, • Colleen Greene, Assistant County Attorney submitted an email commenting on the applications and recommended documents that should slioullbe'Slibmitted prior to Staff awarding the Grants (IRS form 990, etc.). lk • The Naples International Film Festival has withdrawn their Grant Request for the recommended amount of$25,000. Naples Art World Festival— (recommended amount$25,000) Chairman Hendel recommended the $25,000 previously requested by the Naples International Film Festival be awarded to the ArttNaples World Festival making their total request $50,000. _ "� Commissioner Henning expressed concern on the concept and the request has not been submitted in writing by the applicant and is outside the Grant guidelines. Speaker Merlin Lickhalter,Arts Naples World Festival Ms. Becker moved to allow Mr. Sorey to participate in the meeting via telephone due to extenuating circumstances,Second by Mr. Olesky, Carried unanimously 6—0. Mr. Sorey joined the meeting at 9:47 am Speaker k, Rosemary Everett,Arts Naples World Festival i '` Discussion occurred on the ramifications of Chairman Hendel's recommendation. X140 °Chairman Hendel moved to recommend the Board of County Commissioners award the Grant in the amount of$50,000 to Arts Naples World Festival subject to the applicant providing an official request and proper documentation to support the request prior to the item being heard by the Board of County Commissioners. Second by Mr. Sorey,Motion carried 5 `yes"and 2 "no."(Commissioner Henning and Mr. Olesky voted "no') 4 t 61 2 Al May f9, 2012 Olde Naples Water Front Association—Stone Crab Festival - (recommended amount $13,000) Ms. Becker moved to recommend the Board of County Commissioners award the Grant in the amount of$13,000 to Olde Naples Water Front Association—Stone Crab Festival. Second by Mr. Olesky, Carried unanimously 7—0. e. FY 12/13 TDC Category C-2 Grant Applications Jack Wert presented the Executive Summary "Tourist Tax Category C-2 Grant Application Review and Recommendation for FY 13 Totaling$135,000" dated May 29, 2012 for ,, consideration. The recommended amounts are Holocaust Museum of South estlFlorida $50,000.00; Naples Art Association dba Von Liebig Art Center- $60,000.,Fend the Philharmonic Center for the Arts - $25,000.00. �` Mr. Hill recommended increasing the amount other award to the P ill armonic Center for the Arts to $45,000.00. ill; i °' ` Council discussion occurred noting the event is an"in season"event from January 12, 2013 through April 21, 2013" and does not further the goal of promoting events "out of season." Speaker •Helen Gorman, Philharmonic Center for t %Arts- Joan Hogan,Holocaust Museum and Education Center of Southwest Florida Mr. Hill moved to recommend that th �B_`oard of County Commissioners award the Grants in the following amounts. Holocust n, "useum of Southwest Florida $50,000.00; Naples Art Association dba Von Lae b igArt nter- $60,000.00; and the Philharmonic Center for the Arts- $25,000.00. Secony Ms. Becker, Carried unanimously 7—0. E Fund 184 Carry Forward'Revenue Jack Wert presented the Executive Summary "Recommendation to approve the recognition of Carry Forward Foryal.d up to $350,000 in Tourism Promotion Fund 184 for an enhanced Summer/Fallcaripaign and authorize all necessary budget amendments" dated May 29, 2012 for consideration Commissioner Henning moved to recommend the Board of County Commissioners approve tipRioKthe recognition on a Carry Forward of up to $350,000 in Tourism Promotion ,,,,,),'fpiid,184 for an enhanced Summer/Fall campaign and authorize all necessary budget amendments subject to the Tourism Alliance providing input on how the funds will be fr impended. Second by Mr. Olesky. Carried unanimously 7—0. g. Paradise Advertising Gross Billing Jack Wert presented the Executive Summary "Recommend approval of Change Order #3 to Contract# 10-5541 with Paradise Advertising and Marketing, Inc. in the amount of $250,000 for a total of$600,000 in additional media and production billing at gross in 5 , 2012 accordance with their agreement with Collier County" dated May 29, 2012 for consideration. Mr. Hill moved to recommend that the Board of County Commissioners approve Change Order#3 to Contract#10-5541 with Paradise Advertising and Marketing,Inc. in the amount of$250,000 for a total of$600,000 in additional media and production billing at gross in accordance with their agreement with Collier County. Second by Mr. Mededeff, Carried unanimously 7—0. 8. Old Business `, Jack Wert reported he continues to present the recommendations of the Tourist Development Subcommittee to Stakeholders for the purposes of garnering their input and wiljupdate the Council on the results when they become available 9. Marketing Partner Reports Jack Wert presented the PowerPoint document"Marketing Partner eports-May 29, 2012" including the following reports was presented by Staff and Consultants= .¢-.. d. Research Data Services (Heard before Item 9.a)—Dr. Walter Klages "Collier County Tourism Research, May 29, 2012, Research Data Services, Inc. " a. Tax Collections—Jack Wert ' "Tourist Tax Collections—Collier County Tax Collector—May 29, 2012" b. Paradise Advertising—Suzanne Lenno it "Advertising Report Paradise Advertising and Marketing Inc. — TDC, May 29, 2012" _ - . c. Lou Hammond & Associate PR Services—Jonell Modys "Public Relations Report—National Public Relations Update— TDC Meeting May 29, 2012. " / e. Miles Media-' Veb ite.Activity—Jack Wert "Website—llesledia Group" f. Sales & ?dieting Technologies - Search Engine Optimization—Jack Wert "Search J gine Services—Sales and Marketing Technologies, Inc. " Y' ' se.V- Fulfillment Services—Jack Wert 4 ' vl)Illment Services—Phase IV" 10. Tourism Staff Reports The following reports were provided by Staff: a. Director—Jack Werk b. Sales & Marketing—Debi Benedetti c. Public Relations & Communications—Jonell Modys d. Film Office—Jack Wert 6 161 2Mayk, 409 • e. Sports Marketing—Ralph Pryor f. International Representatives—Jack Wert g. Visitor Centers—Jack Wert 11. Detailed Staff Reports Submitted 12. Council Member Discussion Mr. Medwedeff expressed concern that the County FEMA funds may be "lost" if the Bench," Renourishment project is not completed by a certain time Chairman Sorey (CAC Chairman) reported that they are aware of the issue. The Funds have been"authorized,"but not yet"appropriated". The County continues to pursue 411 options to ensure the funds are appropriated; in addition, the County is required to expend the funds and seek"re-imbursement" from FEMA. The County is not currently in possession of the funds. oftf Ms. Becker requested that Staff and the County Attorney ensure theleview pf the Grant applications; providing comments to the applicants ensuring that they provide all required documentation to the TDC. Chairman Hendel commended those responsible for the Tourism Awards Luncheon held at the Marco Island Marriot. 13. Next Scheduled Meeting Date/Location—June 2 ,2012—8:30 a.m. Collier County Government Center,Administration Bldg. F,3rd Floor, 3299 East Tamiami Trail,Naples, Florida'3012 /) 14. Announcements None There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11): 5 A.M. COLLIER COUNTY TOURIST DEVELOPM T OUNCIL \ ' �(' (Chairman, Murray Hendel These minutes approved by the Board/Committee on as presented or as amended 7 b 419 June 25, 2012 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, June 25, 2012 j BY: ......0,090' LET IT BE REMEMBERED the Collier County Tourist Development ."" Council in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the Following members present: Chairman: Murray H. Hendel Vice Chairman: Rick Medwedeff Commissioner Henning Fiala i/ Susan Becker Hiller / Henning -r Clark Hill w Coyle ✓ Robert Miller Goleta— Ed (Ski) Olesky John Sorey III Jerry Gibson Misc.Cones: Item#: Copies to: ALSO PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Tax Coordinator 1 As la, 9 June 25, 2012 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order—Chairman Hendel Chairman Hendel called the meeting to order at 8:30 A.M. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Roll Call A quorum was established. 4. Changes and Approval of Agenda The Council approved the Agenda by consensus subject to: • Addition of Item 8.a—FEMA Update. • Hearing Item 7b, c and d before Item 7a. Jack Wert reported: • The Committee studying "Medical Tourism" is still in the process of completing their work and he will provide updates as they become available. • He continues to garner input from stakeholders on recommendations of the Tourist Development Subcommittee. 5. Approval of TDC Minutes a. Regular Meeting 5/29/12 Mr. Sorey moved to approve the minutes of the May 29, 2012 Meeting subject to the following change: • Page 5,paragraph 7, line 1 from "Mr. Hill..."to "Commissioner Henning..." Second by Mr. Hill. Carried unanimously 8—0. Commissioner Henning arrived at 8:34 a.m. 6. Presentations/Public Comment- (3 minutes each) Bob Krasowski 7. New Business b. ArtsNaples World Festival Revised TDC Grant Application Jack Wert presented the Executive Summary "Recommend to Approve the Amended FY13 Category B Grant Award of$50,000 for the Naples Art World Festival" dated June 25, 2012 for consideration. The Council recommended staff notify future grant applicants, the Council will not recommend a grant be awarded unless an "officer"of the organization appears at the meeting where the item is being discussed. The council wants to ensure "officers"are available to answer questions or provide input when necessary. 2 161 £ JurTe23 Z92 Ms. Becker moved to recommend the Board of County Commissioners approve an amended Tourist Development Council, Category "B"Grant request for the Naples Art World Festival for a total grant award in the amount of$50,000. Second by Mr. Sorey. Carried unanimously 9—0. c. TDC Category "A" Fund 195 Ten Year Projection Withdrawn d. FY13 Fund 195 Grant Applications Gary McAlpin presented the Executive Summary"Recommendation to approve Category "A" Tourist Development Council Grant applications from the City of Naples, City of Marco Island and Collier County for FY-2012/2013 in the amount of$6,798,820, authorize the Chairman to sign the grant agreements following County Attorney approval, and to make a finding that these expenditures will promote tourism" dated June 25, 2012 for consideration. Mr. Sorey moved to recommend the Board of County Commissioners approve the Category "A"Fund 195 Grant requests (as follows): Regulatory and Permit Compliance Sea Turtle Protection Program- Collier County - $160,000 Beach Tilling—Collier County- 80171 - $15,000 Physical Beach &Pass Monitoring - 90536 - $200,000 Projects Wiggins Pass Channel Straighten/Dikes/Renourish- 80210 - $1,700,000 FY 12/13 Beach Design and Permit with HS Solutions - 80096 - $490,000 MI Renourish Design& Permit with BW Solutions - 80166 - $100,000 MI Renourishment and Erosion Control Structure - $3,000,000 Laser Grading North Marco Beach(R133-R141) - 80203 - $35,000 Beach Maintenance Beach Maintenance—Collier County/Marco Island - 90533 - $109,570 Beach Maintenance—City of Naples - 90527 -$76,850 Vegetation Repairs/Exotic Removal—County Wide - 90044 - $75,000 Naples Pier Annualized Repair& Maintenance—City of Naples - 90096 - $80,000 Administration Fund 185 Administration- $487,500 Indirect Administration Costs - $149,700 Tax Collector Fees (2.5%) - $120,200 Second by Mr. Miller. Carried unanimously 9—0. e. FY 13 Fund 183 Grant Applications Gary McAlpin presented the Executive Summary"Recommendation to approve Category "A" Tourist Development Council Grant applications from the City of Naples, City of Marco Island and Collier County for FY-2012/2013 in the amount of$355,000, authorize the Chairman to sign the grant agreements following County Attorney approval, and to make a finding that these expenditures will promote tourism" dated June 25, 2012 for consideration. 3 June 25, 2012 } 9 Mr. Sorey moved to recommend the Board of County Commissioners approve the Category "A"Fund 183 Grant requests (as follows): New Clam Bay Facility Turnaround - 80187 - $125,000 Barefoot Entrance Sign- 80193 - $20,000 Barefoot Beach Access Parking Lot Drainage Improvements - 80194 - $130,000 Clam Bay Bridge Repairs - 80205 - $60,000 Barefoot ADA Ramp compliance Rebuild - 80208 - $20,000 Second by Mr. Hill. Carried unanimously 9—0. a. FY 13 Proposed Tourism Department Budget Jack Wert presented the Executive Summary "Recommend Approval of the Tourism Budget for FY13" dated June 25, 2012 for consideration. Staff proposed the following budgets: Fund 184 (Category B) for Tourism Promotion and Marketing Fund 194 (Category B) for Tourism Department Administration (Includes Category B Marketing Grants) Fund 196 (Category B) for Emergency or Disaster Recovery Advertising Fund 193 (Category C-2) for Grants to Non-County Owned or Operated Museums Commissioner Henning moved to recommend the Board of County Commissioners approve the proposed budgets for: Fund 184(Category B)for Tourism Promotion and Marketing; Fund 194 (Category B)for Tourism Department Administration (Includes Category B Marketing Grants);Fund 196 (Category B)for Emergency or Disaster Recovery Advertising; Fund 193 (Category C-2)for grants to non-county owned or operated museums. Second by Mr. Medwedeff. Carried unanimously 9—0. Fund 195 (Category A) for Beach and Inlet Management Mr. Sorey moved to recommend the Board of County Commissioners approve the proposed Fund 195 budget for (Category A)for Beach and Inlet Management. Second by Mr. Medwedeff. Carried unanimously 9—0. Fund 183 (Category A) for Beach Park Facilities Council discussion occurred noting the budget proposes a"carry forward" of approximately $8.5M in funds, of which approximately $5.5M are "unencumbered. " It was noted the funds may be used for acquisition of parcels for"beach access" should the opportunity(s) become available. Mr. Sorey moved to recommend the Board of County Commissioners approve the proposed budget for Fund 183(Category A)for Beach and Inlet Management subject to recognition that approximately $5.5M of"unencumbered funds"identified within the budget may be utilized for beach renourishment and/or marketing and promotion. Second by Mr. Olesky. Carried unanimously 9—0. Break: 9:45a.m. Reconvened: 9:55a.m. 4 1612 June 25, 2012 • Fund 198 (Category C-1) for County Owned Museums Discussion occurred on the avenue for funding operations of County owned museums and ramifications of altering funding sources as proposed by the TDC Subcommittee (funding shifted from TDC Revenue to General Fund Revenue over a prescribed period of time). The Council noted,they recognize the cultural importance of museums and support their development and operations; however the subject of debate is the source of funding. Mr. Sorey moved to recommend the Board of County Commissioners not approve the proposed budget for Fund 198 (Category C-1)for County Owned Museums. Second by Mr. Medwedeff. Motion carried 8 "yes"—1 "no." Commissioner Henning voted "no." Fund 185 (Category A) for Beach Engineering/Project Mgmt (approved after Item 8.a) Mr. Sorey moved to recommend the Board of County Commissioners approve the proposed budget for Fund 185 (Category A)for Beach Engineering/Project Mgmt. Second by Mr. Hill. Carried unanimously 9—0. 8. Old Business a. FEMA Update Gary McAlpin submitted the document"TS Fay FEMA funding renewal discussion" dated February 9, 2012 and last revised June 5, 2012, for informational purposes. He provided an overview on the status of reimbursement of FEMA funds that are being sought by the county for repair of area beaches due to the events of Tropical Storm Fay. Speaker Bob Krasowski Tourist Development Council (TDC) Meeting Schedule and Time for Convening Jack Wert requested council direction on the summer meeting schedule for the TDC. Council discussion occurred on the whether to cancel the July or August Regular Meeting and the time TDC Meetings should convene. Mr. Sorey moved to cancel the regularly scheduled TDC meeting for July. Without a second, the motion was not considered. Mr. Medwedeff moved to hold the regularly scheduled TDC Meeting for July and cancel the August Meeting—to schedule the meeting only if business warrants. Second by Mr. Miller. Motion carried 8 "yes"—1 "no." Mr. Sorey voted "no." Mr. Miller moved to set the time to convene regularly scheduled TDC Meetings at 9:00 a.m. Second by Mr. Gibson. Motion carried 8 "yes"—I "no."Ms. Becker voted "no." Commissioner Henning left the meeting at 10:32 a.m. 5 June 25, 2012 • • 9. Marketing Partner Reports Jack Wert presented the PowerPoint document"Marketing Partner Reports June 25, 2012", including the following reports presented by staff and consultants: a. Tax Collections—Jack Wert "Tourist Tax Collections—Collier County Tax Collector—June 25, 2012" b. Paradise Advertising—Suzanne Lennon "Advertising Report Paradise Advertising and Marketing, Inc. — TDC June 25, 2012" c. Lou Hammond & Associates—PR Services—Jonell Modys "Public Relations Report—National Public Relations Update— TDC Meeting June 25, 2012. " d. Research Data Services (heard before Item 9a)—Dr. Walter Klages "Collier County Tourism Research, June 25, 2012—Research Data Services, Inc. " e. Miles Media—Website Activity—Jack Wert "Website—Miles Media Group" f. Sales & Marketing Technologies - Search Engine Optimization—Jack Wert "Search Engine Services—Sales and Marketing Technologies, Inc. " g. Phase V—Fulfillment Services—Jack Wert "Fulfillment Services—Phase IV" 10. Tourism Staff Reports The following reports were provided by staff:: a. Director—Jack Wert b. Sales & Marketing—Debi Benedetti c. Public Relations & Communications—Jonell Modys d. Film Office—Jack Wert e. Sports Marketing—Ralph Pryor f. International Representatives—Jack Wert g. Visitor Centers—Jack Wert 11. Detailed Staff Reports Submitted 12. Council Member Discussion Mr. Sorey reported JetBlue has expressed interest in providing service to Naples Airport. 13. Next Scheduled Meeting Date/Location—July 23,2012—9:00 a.m. Collier County Government Center, Administration Bldg. F,3rd Floor, 3299 Tamiami Trail East,Naples, Florida 34112 6 4, 1 i e 419 June 25, 2012 • There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:55 a.m. COLLIER COUNTY TOURIST DEVEL, pOU CIL Chairman, Murray Hendel d These minutes approved by the Board/Committee on as presented or as amended 7 I 6 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, July 23, 2012 BY: k�. LET IT BE REMEMBERED the Collier County Tourist Development,Cd t ,tl 1h 4 and for the County of Collier, having conducted business herein,/me d \his date at 9:00 AM in a REGULAR SESSION in Building "F" of the o` e ment Complex, s4R> Naples, Florida with the Following members present, e4 �: Chairman Mupy H. Hendel _ Vice Chairna °` ck Medwedeff Fiala c --�� Hiller ''''',.. ."- 'Commissioner Henning Henning Susan Becker Coyle 4N, Clark Hill (Excused) coaiaa1--- co,,,b4, Robert Miller Ed (Ski) Olesky John Sorey III (arrived at 9:48 am) gf Jerry Gibson Misc. Comes: Ff Date: '—I Iq 1 13 Item#: I (i2_4' 1 n1 Copies to ALSO 'RESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Tax Coordinator 1 - , ,, 4'' 't ,..3 isV July 23, 2012 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order—Chairman Hendel Chairman Hendel called the meeting to order at 9:00 A.M. 2. Pledge of Allegiance -;.. Pledge of Allegiance was recited. E ` 3. Roll Call A quorum was established. 4. Changes and Approval of Agenda�. Ms. Becker moved to approve the Agenda subject to the following ranges: • Items 7.b,7.c and 7.d to be heard before Item 7.a �� g_. Second by Mr. Medwedeff. Carried unanimously 7—0 --;, , 5. Approval of TDC Minutes ,/ a. Regular Meeting 6/25/12 , ,, i ,4,4„ Ms. Becker moved to approve the minutes .theune 25, 2012 meeting subject to the following change: 4e< ` • Page 5, paragraph 11, line 2r m°`°c"Motion carried 8 "yes"— 1 "no". Ms. Becker voted "no"to "Carried mously 9—0. Second by Mr. Olesky. Carried' usly 8—0. 6. Presentations /Public Co l entt- (3'minutes each) Joe Cox,Executive DirAor,-CoIisano Children's Museum of Naples Bob Krasowski yt �° 7. New Business b. Quarter Fnancial Review Jack Wer .presented the Executive Summary "Tourist Development Tax Financial Revie� tes July 23, 2012. for information purposes. c ' 34ThC Category B and C-2 Grant Agreements Agyi5. presented the Executive Summary "Recommend approval of FY 13 Tourism reements for Category B Grant Agreements totaling$63,000 and Category C-2 Grant <AAgreements totaling$135,000" dated July 23, 2012 for consideration. The Council requested the County Attorney research the Florida Statute(s) in relation to Tourist Development Council to determine the requirements for awarding the Category B and C—2 Grants (whether the County may utilize "guidelines"or a more formal policy such as a resolution is required). 2 . I `'' 1 Y 23,41] 9 .._ The Council requested staff to amend the "grant questionnaire"to include inquiries on visitations to County owned museums. Commissioner Henning moved to recommend the Board of County Commissioners approve the FY 13 Tourism Agreements for Category B marketing grants totaling $63,000 and Category C-2 grants totaling$135,000. Second by Mr. Olesky. Carried unanimously 7—0. d. International Representation RFP's Jack Wert presented the Executive Summary "Recommendation to the Boarcd�of County Commissioners to approve the selection of International representationcompanies combined annual cost of $400,000" dated July 23, 2012 for consideration. The Council requested staff to provide an analysis of European aM�K/Ireland visitation for years prior to engaging full time representatzot to sent. Ms. Becker moved to recommend the Board of CountyCommssioners approve the selection of International Representation Companies for K/Ireland and for Europe and related tourism agreements at a combined total annual cost of$400,000. Second by Mr. Medwedeff. Carried unanimously 7—a a. Tigertail Beach Restroom Facility Work r Gary McAlpin presented the Execve Summary "Recommendation to approve professional engineering fees i lte a o-unt of$29,800.00 for the Tigertail Beach New Restroom Facility relocation fri V one to AE Zone to avoid potential impacts regarding FEMA flood zonings racoons" dated July 23, 2012 for consideration. Ms. Becker moved t rrecommend the Board of County Commissioners approve professional engineering fees in the amount of$29,800.00 for the proposed Tigertail Beach New R stroo Facility relocation from VE Zone to ZE zone. Second by Mr. Medwedeff. rried unanimously 7—0. 8. Old Business a. TouristcTax Reallocations/Stakeholder Group Input—Information Only Jack Wertreported the task of garnering Stakeholder input on the Tourist Development Council Subcommittee recommendations for reallocations of the Tourist Tax revenues is ll /),4: i n process. He expects to present a formal report to the Council in September. Mr. Sore y arrived at 9:48 a.m. 9. Marketing Partner Reports The Council viewed an abbreviated PowerPoint presentation"Marketing Partner Reports— July 23, 2012"with reports presented in person or submitted for individual member review as indicated below. 3 i f July 23, 2012 a. Research Data Services—Dr. Walter Klages "Collier County Tourism Research, July 23, 2012—Research Data Services, Inc. " b. Tax Collections—Submitted "Tourist Tax Collections—Collier County Tax Collector—July 23, 2012. " c. Paradise Advertising—Lee Goddard "Advertising Report Paradise Advertising and Marketing Inc. — TDC, July 23, 201,2. " The Council requested Staff provide them with the information on the proposed `A " for customized itineraries (when it becomes available). Break: 10:17 a.m. < Reconvened: 10:26 a.m. s d. Lou Hammond & Associates—PR Services—Jonell Mo°dy "Public Relations Report—National Public Relations Vfidp16.7,TDC Meeting July 23, 2012. " rf e. Miles Media-Website Activity—Submitted, "Website—Miles Media Group" E Sales & Marketing Technologies - Search En` ine Optimization—Submitted "Search Engine Services—Sales and Marketing Technologies, Inc. " g. Phase V - Fulfillment Services`,..,Su mitted. "Fulfillment Services— 10. Tourism Staff Reports ` s1 The following report were s a fitted by staff unless otherwise indicated: a. Director—Submitted. b. Sales & Marketing—Submitted. c. Public Relations Communications—JoNell Modys d. Film Office=Submitted. e. Sports arketing—Submitted. E ,International Representatives—Submitted. g ®sitor:'Centers—Nancy Kearns—(The report was presented before Item 9.d) 11 retailed Staff Reports S s' mitted 12. Council Member Discussion 13. Next Scheduled Meeting Date/Location—September 24,2012—9:00 a.m. Collier County Government Center, Administration Bldg. F,3rd Floor, 3299 East Tamiami Trail, Naples, Florida 34112 4 1612 July 23, 2012 14. Announcements There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10:45 A.M. COLLIER COUNTY TOURIST 's �, DEVELOPME T OUNCIL '' r xA r. Chairman, Murray Hendel --F'. R�f ��r ,. These minutes approved by the Board/Committee�on '''`,, as presented or as amended ` =X f fr X` v,,, , ,x -, °EE /,. �° "' s 't'7,;,4XaF` l x"c{f r tk 5 1oJ. AJ. 9 om 2 2 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING R ,,,, ,„A Naples, Florida, August 21, 2012 BY: ....................... LET IT BE REMEMBERED the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 10:00 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the Following members present: Chairman: Murray H. Hendel Vice Chairman: Rick Medwedeff(Excused) Commissioner Henning Fiala Susan Becker (Excused) Hiller ►/ Clark Hill (Excused) Henning —t- -}y Robert Miller Coyle ✓' Ed (Ski) Olesky C Nan , John Sorey III Jerry Gibson Misc.Corres: Date: Li 19 i I 3 Item#:1•Le= 2141 S ALSO PRESENT: Jack Wert, Tourism Director Copies to: Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Tax Coordinator 1 A ugu s 1 012 h 19 - Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order—Chairman Hendel Chairman Hendel called the meeting to order at 10:00 A.M. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Roll Call A quorum was established. The Council congratulated Commissioner Henning on his re-election to the Board of County Commissioners. 4. Changes and Approval of Agenda The Council unanimously approved the Agenda by consensus. 5. Approval of TDC Minutes None 6. New Business a. Bluebill Restroom Facility Project Gary McAlpin,Director, Coastal Zone Management presented the Executive Summary "Recommendation to award Bid No. 12-5911 to Maddox Construction Company in the amount of$306,455.00 for the construction contract of the Bluebill Ave. New Restroom Facility Project No. 80058.1, make a finding that the expenditure promotes tourism, and authorize the Chairman to execute the standard contract after County Attorney approval" dated August 21, 2012. He reported the contract is for the "second phase" of the project, construction of an"at grade"restroom facility. The "first phase," construction of the vehicle turnaround and installation of utilities has been completed. The project's budget was previously approved with expenditures anticipated at $1.2M (+/-). Signature Communities, Inc. contributed $500,000 toward the project. Speaker Kathy Robbins Mr. Sorey moved to recommend the Board of County Commissioners award Bid No. 12- 5911 to Maddox Construction Company in the amount of$306,455.00 for the construction contract of the Bluebill Ave. New Restroom Facility Project No. 80058.1 and the Tourist Development Council finds the expenditure promotes tourism. Second by Mr. Gibson. Carried unanimously 6—0. b. Medical Tourism Report—Information Only Jack Wert, Tourism Director provided the documents: • "Medical Tourism Committee August 6, 2012 Notes" 2 16x2 August 21, A 21 9 , • • Copy of an email from Susan Becker to members of the Collier County TDC dated August 13, 2012— Subject: Medical Tourism. He provided an update on the Committee's activities for promotion of medical tourism in the region. 7. Old Business Coastal Advisory Committee September 13, 2012 Workshop Mr. Sorey moved for the Tourist Development Council to participate in the Coastal Advisory Committee major beach renourishment public workshop to be held on September 13, 2012. Second by Mr. Miller. Carried unanimously 6—0. 8. Public Comments Speaker Bob Krasowski 9. Council Member Discussion Jack Wert submitted the following documents for information purposes: • Copy of the Research Data Services, Inc. "Naples, Marco Island, Everglades Convention and Visitors Bureau July 2012 Visitor Profile Dashboard" dated August 2012. • "Month of June 2012 Vendor Tax Collection" • "Smith Travel Research, Inc. —Naples, Marco Island, Everglades CVB for the month of July 2012. " Commissioner Henning noted it may be prudent for the Board of County Commissioners to develop a policy regarding beach renourishment during turtle nesting season. 10. Next Scheduled Meeting Date/Location—September 24,2012—9:00 a.m. Collier County Government Center, Administration Bldg. F,3rd Floor, 3299 East Tamiami Trail,Naples, Florida 34112 11. Announcements None There being no further business for the good of the County,the meeting was adjourned by order of the chair at 10:45 A.M. COLLIER COUN Y TOURIST DEVELOPME T UNCIL Chairman,Murray Hendel These minutes approved by the Board/Committee on as presented or as amended 3 161N2 , 9 ovember 26, 2012 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, November 26, 2012 I ti*OrJ2288244 I tf LET IT BE REMEMBERED the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the Following members present: Chairman: Murray H. Hendel Vice Chairman: Rick Medwedeff Commissioner Henning Susan Becker Clark Hill Robert Miller Ed (Ski) Olesky John Sorey, III (Via telephone) Jerry Gibson (Excused) Misc.Comes: Date: '-1 l q 1 v', Item*: 1(._n 3=2.e-1 ALSO PRESENT: Jack Wert, Tourism Director Copies to: Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Tax Coordinator 1 4 A A d November 26, 2012 ! Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order—Chairman Hendel Chairman Hendel called the meeting to order at 9:00AM 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Roll Call A quorum was established. Mr. Olesky moved to allow Mr. Sorey to participate by telephone due to extenuating circumstances. Second by Ms. Becker. Carried unanimously 7—0. 4. Changes and Approval of Agenda Mr. Olesky moved to approve the Agenda. Second by Mr. Miller. Carried unanimously 8—0. 5. Approval of TDC Minutes a. Regular Meeting 10/22/12 Mr. Hendel moved to approve the minutes of the October 22, 2012 Meeting subject to the video being reviewed to confirm the action taken under 7.b was properly recorded in the minutes. Second by Mr. Olesky. Carried unanimously 8—0. **It was determined,following review of the video record of the meeting, the action identified in the minutes was correct. 6. Presentations/Public Comment- (3 minutes each) Bob Krasowski Mr. Krasowski expressed concern that the proposed major beach renourishment would encroach upon turtle nesting season. 7. New Business a. WGCU Funding Presentation Jack Wert presented the Executive Summary "Review and recommend approval of a documentary pilot program with WGCU- TV at a cost of$5,000" dated November 26, 2012 for consideration. Tony Brennen and Barbara Linstrom of WGCU were present and presented a promotional trailer for the proposed program "Florida Explorer." Mr. Wert reported: • The expenditure is a"one time" expenditure for production of the pilot episode. • If the project continues, proponents may return with a future grant application. 2 �h. 11 l November 26, 2012 • Staff will have the right to utilize any footage developed for the pilot for advertising and promotional purposes. • The proposed expenditure does not require approval by the Board of County Commissioners. Ms. Becker moved to approve the proposed expenditure. Second by Mr. Olesky. Carried unanimously 8—0. b. December TDC Meeting Status Jack Wert presented the Executive Summary "December Meeting for Tourist Development Council (TDC)" dated November 26, 2012 for consideration. Mr. Hill moved to cancel the December 24, 2012 regular Tourist Development Council Meeting. Second by Mr. Medwedeff. Carried unanimously 8—0. c. Clam Pass Data Acquisition and Analysis Proposal Gary McAlpin presented the Executive Summary"Recommendation to approve data acquisition and analysis of Clam Pass for a total price of$39,700 and approve all necessary budget amendments" dated November 26, 2012 for consideration. He noted the intention of the work is to provide professional coastal engineering services to evaluate the condition of Clam Pass due to natural changes encountered due to recent storm events. The following are the tasks identified for this project: Task 1: Clam Pass Topographic and Hydrographic survey (performed by County) Task 2: Survey Data and Cross Sectional Analysis (performed by Atkins) Task 3: Peer Review and Collaboration Efforts (performed by Atkins) Task 4: Project Management and Meetings (performed by Atkins) Colleen Greene, Assistant County Attorney reported the County Attorney's Office has not reviewed the proposal. Members expressed concern on the statement in the Executive Summary "This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. " Members noted it is undetermined where the sand would be placed for any subsequent dredging action and given this, the expenditure may not be in conformance with County or State requirements for TDC funding. Staff noted the request is for data collection and analysis, any subsequent dredging and placement of sand will be reviewed by the council at a later date. The item requires approval of the Board of County Commissioners. It was noted, these issues could be addressed when the Board of County Commissioners review the item. 3 ovember 26, 2112' Mr. Sorey moved, in order to move the proposal `forward,"to recommend the Board of County Commissioners approve expenditure for data acquisition and analysis of Clam Pass for a total price of$39,700 and approve all necessary budget amendment. Second by Mr. Hendel. Motion failed 4 "yes"—4 "no." Commissioner Henning,Mr. Medwedeff, Mr. Miller and Mr. Hill voted "no." Mr. Sorey moved to recommend approving the expenditure for data acquisition and analysis of Clam Pass for a total price of$39,700 and approves all necessary budget amendment subject to the following conditions: 1. Review by the County Attorney's Office to confirm the expenditure is allowed under applicable funding policies. 2. The proposal is approved by the Board of County Commissioners. Second by Mr. Hendel. Motion carried 6 "yes"—2 "no." Commissioner Henning and Mr. Hill voted "no." d. Shorebird Monitoring Proposal for Wiggins Pass Straightening Project Gary McAlpin presented the Executive Summary "Recommendation the waiver of formal competition and acceptance of a proposal from The Conservancy of Southwest Florida to provide shorebird monitoring as required by the DEP permit for Wiggins Pass Channel Straightening project for a not-to-exceed time and material amount of$5,600" dated November 26, 2012 for consideration. He noted: • The proposal is for monitoring shorebird activity on both sides of Wiggins Pass between monuments R-12 and R-17 from November, 2012 through November, 2013. • The proposed scope of work is a permit requirement. • The Conservancy of Southwest Florida has been used in the past to conduct shorebird monitoring and is recognized by FDEP/FWC as a qualified contractor to perform this work. • Staff believes it is in the best interests of the county to accept the proposal provided by The Conservancy of Southwest Florida and in accordance with Purchasing Policy V (A) e, and will request the Board waive the requirement for formal competition. Council discussion occurred on whether the proposal met"sole source" requirements under the guidelines of County purchasing policies; should the work be subject to competitive bidding? Speaker Bob Krasowski questioned the decision by staff to seek to employ the county's"sole source"purchasing policy for authorization of the expenditure. Mr. Sorey moved to recommend the Board of County Commissioners accept the proposal from The Conservancy of Southwest Florida to provide shorebird monitoring as required by the DEP permit for Wiggins Pass Channel Straightening Project for the not-to-exceed time and material amount of$5,600." Second by Mr. Hill. Motion carried 6 `yes"—2 "no"; Commissioner Henning and Mr. Medwedeff voted "no." 4 1012 19 November 26, 2012 e. Post-Tropical Storm Isaac Analysis of Collier County Beaches Gary McAlpin presented the Executive Summary "Recommendation to approve and authorize expenditure of Tourist Development Category "A" Tax Funds for a Post-Tropical Storm Isaac Analysis of Collier County's Beaches by Atkins North American, Inc. under Contract No. 09-5262-CZ for a not-to-exceed time and material amount of$41,453" dated November 26, 2012 for consideration. He reported the item is scheduled for review by the Coastal Advisory Committee on December 13, 2012. Some members expressed concern on the expenditure; the scope of work does not guarantee any funds will be disbursed to the County by FEMA. Other members agreed, however noted in order for any disbursement to even be considered by the agency,the analysis is required. Mr. Sorey moved to recommend the Board of County Commissioners approve and authorize expenditure of Tourist Development Category "A" Tax Funds for a Post-Tropical Storm Isaac Analysis of Collier County's Beaches by Atkins North American,Inc. under contract No. 09-5262-CZ for a not-to-exceed time and material amount of$41,45 subject to a recommended approval by the Coastal Advisory Committee. Second by Mr. Olesky. Motion carried 7 "yes"—1 "no." Commissioner Henning voted "no." 8. Old Business None Break: 10:00 a.m. Reconvened: 10:10 a.m. Mr. Sorey left the meeting 9. Marketing Partner Reports Jack Wert presented the PowerPoint document "Marketing Partner Reports—November 26, 2012" including the following reports presented by staff and consultants: a. Research Data Services—Dr. Walter Klages "Collier County Tourism Research, November 26, 2012—Research Data Services, Inc. " b. Tax Collections—Jack Wert "Tourist Tax Collections—Collier County Tax Collector—November 26, 2012" c. Paradise Advertising—Cedar Hames and Larry Tolpin "Advertising Report: Paradise Advertising&Marketing, Inc. — TDC, November 26, 2012. " d. Lou Hammond & Associates—PR Services—Jonell Modys "Public Relations Report—National Public Relations Update— TDC Meeting, November 26, 2012. " 5 16 omber 26 2012 e. Miles Media - Website Activity—Jack Wert "Website—Miles Media Group" f. Sales & Marketing Technologies - Search Engine Optimization—Jack Wert "Search Engine Services—Sales and Marketing Technologies, Inc. " g. Phase V- Fulfillment Services—Jack Wert "Fulfillment Services—Phase V" 10. Tourism Staff Reports The following reports were provided by Jack Wert: a. Director b. Sales & Marketing c. Public Relations & Communications d. Film Office e. Sports Council f. International Representatives g. Visitor Centers 11. Detailed Staff Reports Submitted 12. Council Member Discussion Mr. Wert reported at the December 11, 2012 Board of County Commissioners Meeting, an item regarding an increase in the number of staff in the Convention and Visitors Bureau will be heard. In addition, a request for the Convention and Visitor's Bureau to spend an allowable portion of the additional Tourist Tax Revenue garnered in FY12 will be heard that day. Ms. Becker reported there is a Tourism Roundtable scheduled for December 13, 2012 at the Double Tree Guest Suites. The Council requested Ms. Becker attend the event and report back as necessary. 13. Next Scheduled Meeting Date/Location—January 28,2013—9:00 a.m. Collier County Government Center, Administration Bldg. F,3rd Floor, 3299 Tamiami Trail East,Naples,Florida 34112 14. Announcements None 6 i41 419 November 26, 2012 There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11:15 A.M. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Chairm. , Murray Hendel These minutes approved by the Board/Committee on as presented or as amended 7 1612 A20 July 30, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY IR guy � DEC I82012 Naples, Florida, July 30, 2012 BY: ,,,......,..„....... LET IT BE REMEMBERED, the Collier County Water and Wastewater Authority in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M. in REGULAR SESSION at the Collier Growth Management Division Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Fiala CHAIRMAN: Dr. Fay Biles Hiller VICE CHAIRMAN: Lowell Lam Henning -71)/ Dr. Sherwin Ritter (Excused) Coyle ✓ 5bte_6a _ Jerry Morgan (Vacancy) ALSO PRESENT: Jamie French, Director, Operations, & Regulatory Man. Ken Kovensky, Financial and Operational Support Manager Scott Teach, Deputy County Attorney misc.Corres: Date: Item#: 1 Copies to: 10 I A 20 I. Call to Order (Determination of Quorum) and Roll Call Chairman Biles called the meeting to order at 2:00 PM. Roll call was taken and a quorum established. II. - Approval of Agenda—Meeting of July 30,2012 Mr. Lam moved to approve the Agenda. Second by Mr.Morgan. Carried unanimously 3 - 0. III. Approval of Minutes—Meeting of May 4,2012 Mr. Morgan moved to approve the minutes of May 4, 2012 meeting. Second by Mr. Lam. Carried unanimously 3-0. IV. Items Requiring Action by Authority A. Ave Maria Utility Company,LLLP 2012 Price Index Ken Kovensky, Operations Manager GMD, P&R presented a copy of a Memorandum to the Collier County Water and Wastewater Authority dated July 27, 2012 requesting consideration of a 2012 Price Index Application filed by Ave Maria Utility Company, LLLP. Based on the approved 2012 Price Index factor of 2.41%the Company is requesting an increase of 5.81%to their water rates and 2.99% increase in their wastewater rates. Staff recommends the Authority adopts Final Order 2012-02 which provides for the changes in the rates. David Genson, Director, Ave Marie Utility Company, LLLP was present. Mr. Morgan moved for the Authority to adopt Final Order 2012-02 providing for an increase of 5.81%in water rates and 2.99% increase in waster water rates for Ave Marie Utility Company,LLLP. Second by Mr. Lam. Carried unanimously 3-0. V. Staff Discussion Goodland Isles Mr. French reported the application for the Authority to approve transfer of the Goodland Isles Wastewater Utility Company to the new landowner(Pelican Point at Goodland, LLC) is still under review by Staff. Rate Consultant Staff did retain the services of Michael Burton of Burton and Associates to provide consultations as may be required for any issues related to the Authority. To date, it has not been necessary to engage the consultant. VI. Open to Public None VII. Authori ty Member Discussion None 2 1612N cu July 30, 2012 There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 2:20 PM. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY t �hairman, Loarcm These Minutes were approved by the Board/Chairman on /c//7/a' as presented ✓ , or as amended 3