Agenda 07/22/2008 Item # 9BAgenda Item No. 9B
July 22, 2008
Page 1 of 12
EXECUTIVE SUMMARY
APPOINTMENT OF MEMBER(S) TO THE PELICAN BAY SERVICES DIVISION BOARD
OBJECTIVE: To appoint 1 member representing the "Resident" category to fulfill the
remainder of a vacant term, expiring on March 31, 2009, to the Pelican Bay Services Division
Board.
CONSIDERATIONS: The Pelican Bay Services Division Board is an I 1 member Board
established by Ordinance 02 -27 as amended. The Division provides landscaping services,
including all public road maintenance and park areas, street lighting services, aquatic
management services, beach cleaning, and the Clam Bay Restoration Project. It is the Division's
responsibility to provide the framework of long -term community planning so that residents can
enjoy the benefits of Pelican Bay while ensuring both the social and financial well -being of the
Pelican Bay Community. A list of the current membership is included in the backup.
Ordinance No. 2002 -27, as amended states: "Any member of the PBSD Board who ceases to
meet the requisite qualifications during his or her term of office shall immediately advise the
Board of County Commissioners in writing of such change in status. Upon the Board of County
Commissioners receiving such notice, otherwise becoming aware of such vacancy, or if a
vacancy occurs by any other process, the Board of County Commissioners shall declare the
position to be vacant and shall promptly consider filing the vacant position with a person from
among the unsuccessful candidates(s) vying for the position from the immediately preceding
recommendatory balloting that receives recommendation from the PBSD Board. In the event the
PBSD Board should fail to provide its recommendation to the Board of County Commissioners
within twenty days of the Board of County Commissioners being informed of "member's change
in status," the Board of County Commissioners shall appoint the recent unsuccessful candidate
that received the greatest number of votes among those unsuccessful candidates. In the event
that there are no prior unsuccessful candidates available for appointment to the PBSD Board as
provided herein, the vacant position shall be filled pursuant to the procedures of Collier County
Ordinance No. 2001 -55 including as may be amended or its successor ordinance."
Due to the June 24, 2008 resignation of Mr. John Domenic, there is currently one vacancy
representing "Resident" category. Listed below are the results from the PBSDF Residential
Preference Ballots from Tuesday March 6, 2007:
APPLICANT CATEGORY VOTES
Theodore J. Raia- member of PBSD
Residential
074
John Iaizzo- member of PBSD
Residential
671
Michael Levy- member of PBSD
Residential
540
Robert A. Pendergrass- member of PBSD
Residential
307
Donald S anier
Residential
254
Anna M. Halikas
Residential
253
George R. Metcalf, III
Residential
231
Martin S. Feins
Residential
159
Mr. Donald Spanier is next in succession for appointment.
Agenda Item No. 96
July 22, 2008
Page 2 of 12
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: JULY 22, 2008
Page I of 1
Agenda Item No. 913
July 22, 2008
Page 3 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 9B
Item Summary: Appointment of member to the Pelican Bay Services Division Board.
Meeting Date: 7/22/2008 9.00:00 AM
Prepared By
Sue Filson
Executive Manager to the BCC Date
Board of County
BCC Office
Commissioners
Approved By
John A. Yonkosky
Director of the Office of Management Date
County Manager's Office
Office of Management & Budget 6/25/2008 6:17 PM
Approved By
James V. Mudd County Manager Date
Board of County
County Manager's Office 612612006 2:04 PM
Commissioners
file: / /C:\AgendaTest\ Export\1 I I -July% 2022% 202008 \09 %20BOARD %200F %2000UNT... 7/15/2008
Agenda Item No. 96
July 22, 2008
Page 4 of 12
BALLOT RESULTS - PELICAN BAY SERVICES DIVISION
Tuesday March 6, 2007
At 2:00 PM this afternoon, the Clerk of Courts, with the assistance of the County
Attorney examined and tallied the Pelican Bay Services Division Advisory Board
Residential Preference Ballots that were returned. The following results were obtained:
Theodore J. Raia
674
John Iaizzo
671
Michael Levy
540
Robert A. Pendergrass
307
Donald Spanier
254
Anna M. Halikas
253
Geroge R. Metcalf, 1II
231
Martin S. Feins
159
As per the instructions in the ordinance, "the nominee(s) receiving a plurality of ballots
cast in each category of membership shall be deemed the successful nominee(s) and their
name(s) shall be reported and forwarded to the Board of County Commissioners." The
three nominees with a plurality of ballots are:
Theodore J. Raia
John Iaizzo
Michael Levy
Respectfully submitted,
J. Walter Cross
Executive Assistant to the Clerk
Collier County Clerk of Courts
i
12/28/06303 ?08 PM Pas§ 2 of 2 From: SDZinBe�auls
Agenda Item No. 913
- July 22, 2008
Page 5 of 12
r
aA!
Board sor East Tametut 7Ya Commissioners � ti ``y
xap1&4 FL 34113
(M 77441097 1 County Cumm'rioner,
Y= (M) 7744602
r Application for Advisory Committees/Boards
natoai%N 1- 3PtiNrP�f HanrPewo��`�- '`7`i!1
home Addrme t 12 fNTCO iaP4L,� LANC!' 7Jp Code:3 MQ'ff
Fax -,48t! 1H 3917 ausim m Pbow.- 251117 -5 94 e-mau addrem: j , ►,�
New of Emptsymont:
BoardorCemimktnAppUedfor(3LtllCA td ISPY NS7130 AhViswkY Qw119Tr1*
co"Pry (if applicable): ( S i Dl�.i it
rye• �a Marko Dwekew. mrinelpwk kY F�lh
Mw loot Pave you Hved In CoMw County: Yvan ,6e V Meaft it
Are you a rogbrrnd water in C*VWr County Ya V No
Do you carroatty 11o{dttabie asks? Yee No
lrwwam4tru.nt«yrRRStasrlr " br r �trra j�� t5a4yC2 u�r"IN
Save you ever been convicted of any offmo aplast the [.awl Yes No 1l-�
If yas, apldw
yea, pleats an ttu Web:Frdi.I LA•11I6LI'l'�r��tfiD`� �(,*
EAeeatbs:M`a..7-,cwT. MW (F'CUtr1r_AA.Y + vri-runq!_uca iw(G t.tneTra. m. �Rrw .n.
OF
Pr
0:)N tl,,
Agenda Item No. 913
July 22, 2008
Page 6 of 12
Pelican Bay Services Division Board
Name
Work Phone
Appt'd
Exp. Date Term
Home Phone
DateRe -appt
2ndExpDate 2nd Term
Mr. Coleman J. Connell
566 -2145
02/14/06
03/31/10 4 Years
7024 Pelican Bay Boulevard
566 -2145
Naples, FL 34108
E -Mail: concoll @aol.com
District: 2
Category: Resident
Ms. Annette M. Alvarez 398 -1605 01/09/07
2833 Inlet Cove Lane, W. 348 -7065
Naples, FL 34120
E- Mail: aalvarez @watersideshops.com
District: 5
Category: Comm ercial/Property
Mr. Maurice James Burke
5801 Glencove Drive, #508
�- Naples, FL 34108
E -Mail: iherightperson@msn.com
District. 2
Category: Resident
Mr. Robert A. Pendergrass
7225 Pelican Bay Blvd #502
Naples, FL 34108
E -Mail: robpender @comcast.net
District: 2
Category: Resident
Mr. John J. Boland
8420 Abbington Circle, B 15
Naples, FL 34108
E -Mail: johnsusanboland @aol.com
District: 2
Category: Resident
05/22/01
598 -3140 03/22/05
216 -4333 02/26/08
597 -3542
594 -0131
03/22/05
03/31/09
01/29/05
03/31/09
03/31/10
03/31/09
. ' ,2,. Page
Wednesday Febma ry 7, 2008 � Page I of
2 Years
4 Years
4 Years
2 Years
4 Years
Agenda Item No. 9B
July 22, 2008
Page 7 of 12
Pelican Bay Services Division Board
Name Work Phone
Appi'd
Exp. Date
Term
Home Phone
DateRe -appt
2ndlsxpDate
2nd Term
Mr. Theodore J. Raia
03/27/07
03/31/11
4 Years
7117 Pelican Bay Blvd., Apt. 404
594 -2851
Naples, FL 34108
E -Mail. • tedraia @earthlink.net
District: 2
Category: Resident
Mr. John Domenie C'4
05/22/01
01/29/05
4 Years
749 Bentwater Circle #201
566 -3179
03/22/05
03/31/09
4 Years
Naples, FL 34108
E -Mail: HOBODORY @comcast.net
District: 2
Category: Resident
Mr. John Iaizzo
03/25/03
03/31/07
4 Years
6573 Marissa Loop, #1902
592 -0678
03/27/07
03/31/11
4 Years
_ Naples, FL 34108
E -Mail: iaizzo @comcast.net
District: 2
Category: Resident
Mr. Ed Status
598 -6626
06/25/02
01/20/06
4 Years
753 Brentwood Point
5964561
02/14/06
03/31/10
4 Years
Naples, FL 34110
E -Mail. • ed.staros@ritzcarlton.com
District: 2
Category: Commercial
Ms. Mary Anne Womble
02/27/07
03/31/09
2 Years
816 Kingbird Court
597 -8224
Naples, FL 34108
EMail. Teedupl @aol.com
District: 2
Category: Resident
Wednesday, February 27, 2008 Page 2 of - --
Agenda Item No. 9B
July 22, 2008
Page 8 of 12
Pelican Bay Services Division Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe -appt 2ndExpDate 2nd Term
Mr. Michael Levy 03/27/07 03/31/11 4 Years
6710 Pelican Bay Blvd., #435 594 -1741
Naples, FL 34108
E Mail: mikelevyl @earthlink.net
District: 2
Category. Resident
This 15 member committee was created by Ord. No. 90-111 and amended by Ord. No. 91 -22
and 93-15 to aid and assist the County manager and the Board of County Commissioners in
determining the need and quantity of extraordinary law enforcement in Pelican Bay. Also to aid,
assist, and provide input to the County Manager and the Board in effecting a smooth and
expeditious transfer of street lighting, water management and beautification services,
responsibilities and obligations from the Pelican Bay Improvement District On 11/3198 the BCC
reduced the membership from 15 to 13 members. Terms are 4 years. On April 11, 2000, the
BCC adopted Ord. No. 2000 -22 reducing the membership from 13 members to 11 members.
On 5/28/02 the BCC adopted Ord. 2002 -27 establishing the 11 member committee.
Membership shall be 9 representative of the residential interests within the Unit and 2 shall be
/ representative of the commercial & business interests within the unit.
l Terms will expire on March 31
Jay Cross, Executive Assistant to Clerk 732 -2725
On 01/24/06 BCC adopted Ord. 2006 -05, amending 2002 -27 changing the name and
appointment process, and including the restoration of the mangrove forest preserve to duties.
FL STAT: 125.01
Staff. Barbara Smith, Pelican Bay Services Division: 597 -1749
t Wednesday, February 27, 2008 Page 3 of
Agenda Item No. 98
July 22, 2008
Page 9 of 12
JOHN DOMENIE
749 Benrwater Circle, Apt #201
Naples, Florida 34108 -6762
Tuesday, June 24, 2008
Commissioner Tom Henning
Chairman — BCC
Naples, Florida
Dear Commissioner Henning:
I hereby submit my resignation from the Board of the Pelican Bay Services
Division (PBSD) to become effective immediately. I am presently Vice Chair of the
PBSD, and Chair of the Clam Bay Committee.
WHY?
This is going to be lengthy, but I hope you will take time to read it.
I have served on the Board of the PBSD for 7 -1/2 years having been appointed
initially by Commissioner Carter, and I do not expect to run for re- election
(appointment) when my term expires early next year.
By resigning now I will give someone else the opportunity to get fully involved in
PBSD activities before the next election (appointment) when there will be three
vacancies — thus facilitating continuity of our objectives.
Although most of "our" money is spent on other projects, you have recently only
heard about our management of the County's 580 acre precious Mangrove
Preserve (NPRA). To be correct — you have heard about the good things we have
done in the NPRA, but you have also heard conflicting reports about the need for
aids to navigation leading to the Seagate community in the city of Naples.
1
Agenda Item No. 9B
July 22, 2008
Page 10 of 12
In this connection you might be interested in the e-mail I sent to Commissioner
Halas on Monday, June 23 d which read in part:
"PS -just as an aside: I feel that if I could sit down face to face with
David Buser (and without City /County staff & various agencies) we
could work out a simple marking of the channel which would give
easy and safe access to Seagate residents and still protect sea - grasses.
There are just too many egos in the pot at the moment. Actually there
are already "markers" (sticks) in the waterway to Seagate marking the
best channel! I do not believe that Seagate residents are interested in
having an outside flotilla of power - boats, PWC (Sea- doos), etc in
Outer Clam Bay."
I was hoping that this would have been a safe and effective manner to reach a
compromise, but apparently Commissioner Halas did not "take the bait ".
You are familiar with our activities:
We have been managing the County's property now for 9 -1/2 years, and yearly
we are required — and have — prepared and distributed FOUR different reports to
County, State & Federal regulatory agencies:
a.- Water Quality Sampling (6 pages & 12 pages of charts)
b.- Clam Bay Restoration Project (60 pages of text, charts & pictures)
c.- Biological Monitoring Report (78 pages of text, charts & pictures)
d.- Clam Pass Restoration and Management Plan
Bathymetric Monitoring Report (22 pages text & 4 Appendixes of
About 60 pages)
Not ONCE have we heard a complained about managing the mangroves, the
waterways, or water quality from any agency.
In addition you may have seen the "Clam Bay Seagrass Assesment" prepared by
PBS&J (Dr. David Tomasko). The title is misleading, as Dr. Tomasko has only
2
Agenda Item No. 9B
July 22, 2008
Page 11 of 12
looked at one of the four bays in the 580 County Preserve: Outer Clam Bay, which
occupies about 70 acres.
Why did the County spend $40,000 needlessly on the PBSU study? The residents
of Seagate in the city of Naples claimed that the PBSD was mismanaging its
Permit which led to killing of seagrass beds. In fact, the Tomasko study reaches
the conclusion that there were never 60 acres of seagrasses (as claimed by David
Buser) and that there were more seagrasses than the PBSD reported. Dr. Tomasko
found seagrasses in Outer Clam Bay (the only area tested) in 13 out of the 30
randomly selected sites — 43% of the locations tested.
Claims by David Buser that the PBSD is responsible for poor water quality within
Outer Clam Bay are also totally erroneously as shown on page 24 of the PBSU
report. Hereunder are the findings comparing the water quality at the draw bridge
(designated by PBSU as CB -5) leading to Clam Pass Park, and a canal in Seagate
(CB -CNL):
No matter how well the PBSD manages its water, it can not enforce its policies on
the Seagate neighborhood — responsible for the degraded water quality in its
canals.
Dr. Mike Bauer — the city's highly respected and knowledgeable environmentalist -
has stated that there are 72 storm water sewers in the city spewing untreated
3
CB -5
CB -CNL
% INCREASE
Chlorophyll -A
37.3
10.5
138%
Total Nitrogen
0.44
0.52
30%
Total Phosphorus
0.03
0.06
100%
Turbidity
2.18
3.73
47%
Color
4.2
18.3
298%
No matter how well the PBSD manages its water, it can not enforce its policies on
the Seagate neighborhood — responsible for the degraded water quality in its
canals.
Dr. Mike Bauer — the city's highly respected and knowledgeable environmentalist -
has stated that there are 72 storm water sewers in the city spewing untreated
3
Agenda Item No. 9B
July 22, 2008
Page 12 of 12
waters into the bays. To my knowledge all rain -water which falls on the Pelican
Bay Community all flows through 46 lakes, retention areas, conduits and swales
before reaching East of the berm — which separates the "upland" freshwater from
the saline mangrove preserve to the West. This water is then released at a
controlled rate through weirs into the preserve.
And what happened today?
Commissioner Coyle took us all by surprise by questioning what had been agreed
upon in April; in fact Leo Ochs had questioned it last week too. How can I
continue to work on behalf of Pelican Bay and the NPRA if I do not know where
we stand, and what may happen at the next BCC meeting.
In my opinion the resulting proposal was not made at the "spur of the moment" —
as we have been hearing for months that Gary McAlpin wants to have an
"overlay", which would cover Pelican Bay and adjacent waters and increase the
quantity of "stakeholders ". The "markers" (aids to navigation) became an excuse
to implement such proposed "reform ".
In closing I would like to thank you for your attention and support, and
congratulate you on having "won" the election.
Sincerely,
John (Johan) Domenie
PS — Original of the letter will be mailed.
rd