PBSD MSTBU Agenda 02/10/2021PELICAN BAY SERVICES DIVISION
Municipal Services Taxing &Benefit Unit
NOTICE OF PUBLIC MEETING WEDNESDAY, FEBRUARY 10, 2021
THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET AT 1 PM ON
FEBUARY 10 AT THE COMMUNITY CENTER AT PELICAN BAY, 8960 HAMMOCK
OAK DRIVE, NAPLES, FLORIDA 34112.
F_[H��171
1. Pledge of Allegiance
2. Roll Call
3. Agenda approval
4. Approval of 1/13/21 Regular Session
5. Approval of 2/07/20 Strategic Plannir
6. Audience comments
7. Administrator's report
a. SunTrust office space update
b. Maintenance grading of Clam
c. Projects summary
d. January financial report
meeting minutes
g ad hoc committee meeting minutes
Pass update
8. Committee reports
a. Clam Bay
b. Landscape &Safety
i. Sidewalk project update
ii. License plate readers (CPR's)
c. Water Management
d. Budget
9. Chairman's Report
a. Candidates Forum —Feb. 11
b. USACE Feasibility Study update
c. PBSD website update
d. *Long-term financing
e. One-way communications
10. Old business
11. New business
12. Adjournment
*indicates possible action items
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.
02/03/2021 9:56 AM
PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION
JANUARY 13, 2021
The Pelican Bay Services Division Board met on Wednesday, January 13, 2021, at 1:00 p.m, at
the Board of County Commissioners Chambers, third floor, Collier County Govermnent Center,
3299 Tamiami Trail East, Naples, Florida 34112.
In attendance were:
Pelican Bay Services Division Board
Michael Fogg, Chairman
Joe Chicurel, Vice -Chairman
Tom Cravens (absent)
Jacob Damouni (absent)
Nick Fabregas
Peter Griffith (absent)
Denise McLaughlin
Susan O'Brien
Scott Streckenbein
Rick Swider
Michael Weir
Pelican Bay Services Division Staff Karin Herrmann, Operations Analyst
Neil Dorrill, Administrator Lisa Jacob, Project Manager
Chad Coleman, Operations Manager Barbara Shea, Administrative Assistant
Darren Duprey, Assoc. Project Manager
APPROVED AGENDA (AS PRESENTED)
1. Pledge of Allegiance
2. Roll Call
3. Agenda approval
4. Approval of 12/09/20 Regular Session meeting minutes
5. Audience comments
6. Administrator's report
a. SunTrust office space update
b. Maintenance grading of Clam Pass update
c. Projects summary
d. December financial report
7. Committee reports
a. Clam Bay
b. Landscape & Safety
i. Sidewalk project update
c. Water Management
i. Update on Lake 4-1
ii. Criteria for selecting lake bank prioritization
8. Chairman's Report
a. Tentative agenda for the PBF/PBSD joint meeting —Jan 25
b. Board member election
9. Old business
10. New business
Pelican Bay Services Division Board Regular Session
January 13,2021
11, Adjournment
ROLL CALL
Mr. Cravens, Mr. Griffith, and Mr. Damouni were absent and a quorum was established
AGENDA APPROVAL
Ms. McLaughlin motioned, Mr. Fabregas seconded to approve the agenda as
resented. The motion carried unanimously.
Dr. Chicurel motioned, Mr. Streckenbein seconded to approve the 12/09/2020
reeular session meetine minutes as presented. The motion carried unanimously.
AUDIENCE COMMENTS
None
ADMINISTRATOR'SREPQRT
SUNTRUST OFFICE SPACE UPDATE
Mr. Dorrill reported that the seven-year lease agreement for the first floor SunTrust office
space is scheduled to be reviewed and approved by the Board of County Commissioners (BCC) on
Jan. 26, 2021. A draft of the PBF sub -lease has not been received, and if not received prior to the Jan.
26 BCC meeting, the agenda item will be postponed to a future meeting. Once Mr. Dorrill receives a
copy of the sub -lease, he will share it with the board. Mr. Fogg emphasized the importance of
obtaining a firm seven-year commitment from the PBF on the sub -lease.
MAINTENANCE GRADING OF CLAM PASS UPllATE
Mr. Dorrill reported on the success of the Clam Pass maintenance grading project. On the
overhead screen, he provided a post -project photo of Clam Pass. He commented that he was very
pleased with our contractor, TSI Disaster Recovery, who bid $60,000 under the next lowest bid. Other
good news included that we were able to fill both templates north and south of the Pass, as well as add
an estimated 4,000 cubic yards to South Beach. The PBF will reimburse the TDC for the South Beach
sand at $13/yd. The PBF decided to relocate PB beach -goers to the Marker 36 beach on the day that
TSI regraded the additional sand placed on South Beach. Mr. Dorrill reported that Dr. Dabees believes
that tidal ratios may now be as high as 8/10 of a foot, and that we may not need to dredge this Spring.
Ms. O'Brien thanked the staff for all of their great work. She suggested that the PBSD has a discussion
with County personnel on the unintended consequences of County beach renourishment projects.
PROJECTS SUMMARY
Mr. Dorrill provided updates on our projects including (1) our right -of --way (ROW) permit for
our sidewalk improvement project was issued; our SFWMD permit modification application for Phase
1 has been submitted and is pending, (2) 30% drawings for the new operations facility project were
received and will be shared with the board at the 60% completion mark, and (3) the survey for our
Lake 4-1 lake remediation project has been completed.
DECEMBER FINANCIAL STATEMENTS
Pelican Bay Services Division Board Regular Session
January 13, 2021
Mr. Dorrill reviewed the December financial statements and highlighted several items
including a current PBSD cash balance of approximately $13.5 million, and that 84% of our budgeted
revenue was received in the first 90 days of FY2021. Mr. Dorrill reported that he will provide a copy
of the draft executive summary for our long-term financing request, which will go in front of the BCC
for approval at a February meeting. Ms. O'Brien commented that the PBSD Board approved up to $8
million in financing and that the executive summary should include the same language as the motion
approved by the board.
COMMITTEE REPORTS
CLAM BAY COMMITTEE
Ms. O'Brien provided her January 2021 Clam Bay update in the agenda packet. She reported
that the Clam Bay Connnittee met yesterday; no one from the public attended. Highlights from the
meeting included, (1) the 2020 Clam Bay Monitoring Report was received and discussed, (2)
Hurricane Irma damaged mangroves continue to recover, (3) four areas of stressed mangroves have
been identified, which we will continue to monitor in the upcoming year, (4) a proposal for scaevola
removal in Clam Bay is expected in the next few weeks, and (5) the committee has asked staff to
problem -solve how to post our three annual reports on our County webpage so that residents can access
these reports.
LANDSCAPE &SAFETY COMMITTEE
Dr. Chicurel provided the following updates, included in his "L&S Committee Report," which
was provided in the agenda packet.
1. Pavers: The repair and/or replacement of crosswalk pavers will take place between Jan. 18 and
Feb. 5.
2. Sidewalks: CEI (construction engineering inspection) presentations are planned for Jan. 15;
presentations and selection will occur the same day. The Phase 1 construction timeline is
holding steady with a target start in April 2021. Phase 2 preliminary design work is
substantially completed; the arborist review is pending.
3. Traffic studies: These studies will be conducted on Jan. 20 for the San Marino crosswalk
flashing lights and the 3-way stop at Hammock Oak Dr. and Pelican Bay Blvd.
4. Signs: The sign project RFQ is out and due back on Jan. 26.
5. Three safety messages: These safety messages, included in the agenda packet, will randomly
appear in the PB Post and e-blasts continually to reinforce their critical messages.
6. Crime & accident stars: The County Sheriff Dept. provided Pelican Bay crime and accident
statistics for 2015-2020.
ROADS INCLUDED IN THE SIDEWALK REPLACEMENT PROJECT
Board members had a discussion on whether Vanderbilt Beach Rd. and Seagate Dr. ar•e
included in our sidewalk replacement project. Ms. O'Brien commented that when the board voted to
proceed with this project in March 2019, both of these roads were included in the exhibit contained in
that board meeting's agenda packet. Mr. Fabregas suggested that the board needs to be informed as
to why these two roads were removed from our project, and going forward, is the PBSD responsible
for sidewalk maintenance repairs on these roads. Mr. Streckenbein commented on the poor condition
of the painted crosswalks on Seagate Dr., approaching the Waterside Shops. Mr. Dorrill and Dr.
Chicurel will look into all of these issues which will be discussed at the next Landscape & Safety
Committee meeting.
3
Pelican Bay Services Division Board Regular Session
January 13,2021
PLACEMENT OF AN UNMANNED PATROL CAR IN PELICAN BAY
In order to reduce the amount of speeding vehicles in Pelican Bay, Mr. Fabregas suggested the
possibility of placing an unmanned patrol car in Pelican Bay. Cpl. Jim McGilvrey, Collier County
Sheriff's Dept., commented that the Sheriff's Dept. has had difficulty in finding an appropriate
location to place an unmanned patrol car. Ile noted that there has been a "speed trailer" on PB Blvd.
recently. Dr. Chicurel commented that the Landscape & Safety Committee will discuss possible
locations to place an unmanned patrol car at its next meeting. Mr. Weir commented that the speed
limit of 30 m.p.h. on Green Tree Drive may be excessive. Mr. Dorrill and Dr. Chicurel indicated that
they would look into whether the speed limit could be lowered.
WATER MANAGEMENT COMMITTEE
UPDATE ON LAKE 4-1
Our ABB consultant, Mr. Tom Barber, reported that the survey has been completed for our
Lake 4-1 remediation project. Ms. McLaughlin commented that the design phase will take several
months to complete, and will include a combination of remediation methods. Ms. O'Brien commented
that there are still many unanswered questions on the design and remediation methods, and that the
board has never made a decision on the remediation method for this lake.
Mr. Barber commented that the Lake 4-1 project includes lake bank remediation, the pathway,
and the surrounding landscaping. Ms. McLaughlin commented that the PBF is supportive of this
project and intends to replace their pathway, working along with the PBSD in an integrated manner.
CRITERIA FOR SELECTING LAKE BANK PRIORITIZATION
Mr. Barber commented that based on feedback from staff and Mr. Fogg, a ranking equation
was developed to determine the prioritization of lake bank restoration projects. This equation gives
consideration to community exposure, pedestrian/resident access, structural proximity, lake bank
escarpment, and water management (downstream lakes would be given a higher priority than upstream
lakes). Using this equation, the Community Park Lake 5-5 rises to a ranking of #3. Ms. O'Brien
suggested that the Water Management Committee needs to look at this re -prioritization. Ms.
McLaughlin agreed and commented that she will schedule a Water Management Committee meeting
during which the committee will discuss the criteria and weighting with Mr. Barber, and then come to
an agreement on prioritization.
CHAIRMAN'S REPORT
TENTATIVE AGENDA FOR THE PBF/PBSD JOINT MEETING
Mr. Fogg reported that per his conversation with PBF Board Chair John Gandolfo, the Pelican
Bay Foundation would like to postpone the Jan. 25 PBF/PBSD joint meeting to some time in April.
April 5 was suggested as a tentative date. Dr. Gandolfo, via telephone, commented that the PBF Board
is very interested in meeting with the PBSD Board, however, several PBF Board members are reluctant
to have an in -person meeting in light of Covid-19 concerns. He would prefer to postpone this meeting
for approximately nine weeks, to a time when many more residents would have been vaccinated. PBF
President Jim Hoppensteadt, via telephone, also expressed reluctance to promote an in -person meeting.
Ms. O'Brien expressed the importance of holding our PBF/PBSD joint meeting to discuss
planned joint projects, especially since the last joint meeting was held two years ago. She suggested
the possibility of a hybrid meeting with PBSD board members attending in person, and PBF board
members attending via a Zoom format.
0
Pelican Bay Services Division Board Regular Session
January 13, 2021
Mr. Streckenbein commented that this joint meeting would be most effective if all of the board
members met face-to-face, resulting in more participation by board members and residents. He
suggested that a delay of nine weeks is inconsequential. Mr. Fogg also suggested that a Zoom meeting
would not be as productive.
Mr. Fogg concluded that board members should assume that the PBF/PBSD joint meeting is
postponed for now. He commented that he will have a discussion with Dr. Gandolfo on the possibility
of a hybrid meeting.
BOARD MEMBER ELF,CTION
Mr. Fogg reported that we received five applications for our four residential board vacancies.
The applicants are Joe Chicurel, John Cullen, Pete Griffith, Susan Hamilton, and Michael Rodburg.
He introduced Mr. Rodburg who was present in the audience. Mr. Fogg reported that we received two
applications for our one commercial board vacancy. The applicants are Jacob Damouni and Dave
Mangan. Ballots will be mailed out to residents during the first week of February and will be due back
during the first week of March. Mr. Fogg noted that Mr. Streckenbein has withdrawn his application
for consideration. Mr. Fogg thanked Mr. Streckenbein for his service.
Mr. Dorrill commented that he recently had a discussion of our balloting process with the
Clerk's Office; the estimated cost is $8,500. Dr. Chicurel expressed the importance of included return
envelopes. He also suggested that staff contacts the County Attorney's Office to determine exactly
what the PBSD role is in this election process.
Ms. McLaughlin reported that Mr. Hoppensteadt, on behalf of the PBF, would be willing to
host a PBSD candidate forum, using the Zoom format. Candidates would participate from home. Mr.
Fogg directed Ms. Mclaughlin to (1) contact Ms. Pat Florestano to request that she assume the role of
moderator for the forum, (2) determine an appropriate date and time for the forum, and (3) work with
Ms. Florestano to develop appropriate candidate questions. Mr. Weir suggested that PBSD Board
members could provide additional questions to Ms. Florestano. Mr. Dorrill commented that the
candidate forum would be advertised as a workshop.
OTHER COMMENTS
Mr. D017•ill reported that County Manager Leo Ochs is retiring mid -May 2021. Our Deputy
County Manager Nick Casalanguida resigned effective Dec. 31, 2020. The Board of County
Commissioners has approved the promotion of Mr. Dan Rodriguez to Deputy County Manager.
The meeting was adjourned at 2:58
Michael Fogg, Chairman
Minutes approved [] as presented OR L� as amended ON � ]date
5
PELICAN BAY SERVICES DIVISION
AD HOC STRATEGIC PLANNING COMMITTEE MEETING
FEBRUARY 7, 2020
The Ad Hoc Strategic Planning Committee of the Pelican Bay Services Division met on Friday,
February 7 at 9:00 a.m. at the SunTrust Bank Building, 801 Laurel Oak Drive, Suite 302, Naples,
Florida 34108. The following members attended.
Ad Hoc Strategic Planning Committee
Michael Fogg, Chairman
Joe Chicurel
Pelican Bay Services Division Staff
Neil Dorrill, Administrator
Chad Coleman, Operations Manager
Alex Mumm, Sr. Field Supervisor
Also Present
Ayoub Al-bahou, Public Utilities Dept.
Tom Chmelik, Public Utilities Dept.
Jim Hoppensteadt, Pelican Bay Foundation
Denise McLaughlin
Scott Streckenbein
Lisa Jacob, Project Manager
Barbara Shea, Interim Operations Analyst
Beth Johnsen, Public Utilities Dept.
Mike Kitchen, Pelican Bay Foundation
Susan O'Brien, PBSD Board
APPROVED AGENDA (AS AMENDED)
1. Pledge of Allegiance
2. Roll call
3. Agenda approval
4. Approval of 12/12/19 meeting minutes
5. Audience Comments
6. Finalization of Site Plan
7. Building Specifications
a. Lease options for PBSD administrative staff (add -on)
8. Next Steps
9. Other business
10. Adjournment
ROLL CALL
All members were present and a quorum was established
Mr. Streckenbein motioned, Dr. Chicurel seconded to approve the agenda as
amended with the addition of agenda item #7a. The motion carried unanimously.
APPROVAL OF THE 12/12/2019 MEETING MINUTES
Pelican Bay Services Division Ad Hoc Cost Saving Strategies Committee Meeting
February 7, 2020
Dr. Chicurel motioned, Mr. Streckenbein seconded to approve the 12/12/2019
meeting minutes as presented. The motion carried unanimously.
INTRODUCTION
Ms. Jacob introduced members of the County's Public Utilities Dept. (PUD) attending this
meeting which included Mr. Tom Chmelik, Ms. Beth Johnssen, and Mr. Ayoub Al-bahou.
FINALIZATION OF SITE PLAN
The committee reviewed conceptual plans for the 6200 Watergate Way site. Ms. Johnssen
identified County infrastructure on the site plan including master wastewater pump station 9109
and three storage tanks. She commented that the decommissioned tank on the southwest end of
the site may be put back into service for additional storage capacity.
Mr. Dorrill and Mr. Coleman commented that this site plan meets all PBSD needs and
functions. It includes a fuel island, a pole barn, a horticultural nursery, a debris grinding area, a
chemical and fertilizer building, additional parking, and additional roadway within the site. He
noted that the intended PUD occupants of `Building B" would be IQ water operating staff. Ms.
Johnssen commented that the plans would include space for 10-12 PUD staff, which may be
needed over the next 10-20 years. She noted that currently 6 PUD staff perform work on the site.
Mr. Chmelik noted that the site plan includes space for a possible additional storage tank.
Mr. Dorrill commented that we need to look at the access road easement as well as possible
improvements to the driveway into our facility. Mr. Hoppensteadt requested a copy of the access
road easement.
Mr. Fogg commented that at the last committee meeting, it was tentatively decided that
PBSD administrative staff would not be moved to this site. Ms. Johnssen commented that
Building B" would provide space for PUD employees as well as PUD storage space for items
such as backup emergency generators. Mr. DoiTill commented that he assumes that the County
PUD will be paying for the construction of "Building B" plus prorated costs for site improvements.
He also noted that Deputy County Manager Nick Casalanguida is receptive to hardening a land
lease or similar document to protect our interest in the facilities which will be paid for by the
PBSD.
Mr. Al-bahou commented that he expects few changes to these conceptual plans. He
explained that "Building A" would be constructed while our existing structure remained in use.
Upon completion of "Building A" construction, our existing structure would be removed, and
"Building B" would be constructed in its place.
Mr. Hoppensteadt commented that the PBF Board will require submittal of the full site
plan, in order to make a determination on approval. He noted that the PBF would be looking for
a statement from the PBSD Board stating that its ten-year needs are being met with this plan. He
explained that the PBF approval process includes three stages: (1) approval of the preliminary
concept and planned use (description of functions and uses), (2) approval of the design, and (3)
approval of the construction drawings. Mr. Dorrill commented that the proposed site plan includes
about four acres in the northwest section with a use "to be determined." Mr. Chmelik confirmed
that the PUD Dept. has no active plans for this area.
Ms. Diane Lustig asked the committee to consider (1) any impact on 24/7 operations, (2)
mulching noise, (3) "County pipe flushing" noise, and (4) issues relating to the access road
including cars parked and project staging. She also suggested that it is important to consider the
2
Pelican Bay Services Division Ad Hoc Cost Saving Strategies Committee Meeting
February 7, 2020
cost for additional
vegetation/trees on
the site. Mr.
Dorrill
assured her that the site plan will require
an approved SDP,
which will require
us to follow
County
landscaping standards.
BUILDING SPECIFICATIONS
The committee reviewed photos of metal building options, provided by Mr. Al-bahou. He
noted that the building will be built to withstand 200 m.p.h. winds. Mr. Kitchen commented that
the roof materials and appearance are very important, as the roof will have the most visual impact
on the surrounding residents.
Mr. Hoppensteadt suggested that we consider planning for the capability to house staff in
the aftermath of a hurricane, and that the building should be Cat 5 rated. Mr. Dorrill commented
in favor of planning for "disaster recovery housing for staff."
Mr. Dorrill commented on the advantages of a "design build" approach. Mr. Al-bahou
confirmed that this concept would speed up the construction/planning process by three months.
NEXT STEPS
The committee and staff agreed on the following additional next steps.
I. PBSD staff will prepare a scope document which will include all interior building
requirements and outside preferences. Electric charging and solar capabilities may be
included in this document.
2. The PBSD Budget Committee will review this project in order to provide funding.
3. Ms. Jacob will prepare a purchase order for a civil engineer and an architect to prepare
renderings for the site plan. Mr. Dorrill noted that our field site improvement project
contains sufficient funds for this purchase order.
Ms. O'Brien suggested that the completed scope document be brought to the full board for
review.
LEASE OPTIONS FOR PBSD ADMINISTRATIVE STAFF (ADD -ON
Mr. Dorrill reported that he has talked with the on Trust building's onsite manager and
leasing manager regarding available office space in the building. IIe noted that the leasing
manager is in the process of preparing lease pricing proposals for space on the first floor and the
fourth floor. Mr. Dorrill explained that a larger space would be jointly occupied by the PBSD and
PBF covenants and design staff. He noted that the first floor space is approximately 3,400 square
feet, while the fourth floor space is approximately 2,700 square feet. Mr. Hoppensteadt
commented that the first floor space has excellent meeting space and public access, including two
exterior access points.
The meeting was adiourned at 10:42 a.m.
Michael Fogg, Chairman
Minutes approved I] as presented OR � � as amended ON � ]date
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Pelican Bay Services Division Project Tracking Spreadsheet
Agenda item Vc
2/4/2021 Pagel of
2020 Clam Pass Maintenance Excavation $143,926
2/2/2021—Quotes were solicited and obtained by vendors under Contract #19-7426 "Marine Contractor
Services" and lowest responsive quoter, TSI Disaster Services was awarded Clam Pass Maintenance
Excavation project in the amount of $82,500.00. Work was required to be completed within 30 days
from NTP. Start date was 12/14/2020 and Final Completion was scheduled for 1/13/2021, but was
reached early on 1/5/2021. Due to nature of work, survey needed to be performed and certified by
engineer following final completion to verify the volume of sand excavated, graded, and placed on
beach. The survey was received on 1/18/2021. The original estimated volume of sand was 5,000 Cubic
Yards; however, the bidding and design documents were prepared in October. By the time the NTP was
issued on 12/14/2020, site conditions had changed considerably due to impacts from Hurricane Eta in
November 2020. Post construction survey results confirmed the changed conditions and indicated the
total amount of sand excavated and graded was 10,302 Cubic Yards, an Increase of 5,302 Cubic Yards. In
order to pay the vendor for the work completed, the Purchase Order needs to be increased by
$61,426.00. In addition, 3,900 Cubic Yards of sand placed on the Pelican Bay Foundation's south beach
and within the permitted fill template at monuments R-40 and R-41 will be paid for by the Pelican Bay
Foundation in the amount of $50,700 ($13/CY x 3,900 CY = $50,700). TDC and Fund 111 funds will be
used to pay the balance of $10,726 to the Contractor.
Street Sins Repair and Replacement (IRMA) $527,789.66
2/2/2021 - Contractor paid and project closed out, insurance proceeds received; FEMA reimbursement
pending.
Sidewalk Improvements
$325,651.00 Design far Phases 1 & 2
$709,000 Phase 1 Construction
$550,000 CEI Services for Phases 1 & 2
2/2/2021-Solicitation No. 21-7864 for Pelican Bay Phase 15idewalk Construction was
assigned to Procurement Strategist on 1/29/2021 and the bidding period is imminent.
Concurrently, it is expected that the BCC, on 2/9/2021, will approve a recommendation
to approve the selection committee's ranking for Request for Professional Services
("RPS") q20-7817, "CEI Services for Pelican Bay Sidewalk Improvements," and authorize
staff to begin contract negotiations with the top -ranked firm, Johnson Engineering Inc.,
so that staff can bring a proposed agreement back for the Board's consideration at a
subsequent meeting.
PBSD New Maintenance Facilities
2/2/2021 — Additional
site work will be required to include Watergate Way roadway
improvements prior to construction of new facilities. Demolition of existing buildings
will occur prior to construction and temporary trailers will be rented for Operations to
work out of during construction. The engineer is preparing cost estimates.
Lake
44 (Engineering, design, permitting)
2/1/20215urvey was completed and design plans and cost estimate are being prepared.
$193,078.00
$127,811.00
PELICAN BAY
BALANCE SHEET
January 31, 2021
(UNAUDITED)
ASSETS
Cash and investments
Interest receivable
Trade receivable, net
Due from other governments
Total assets
LIABILITIES AND FUND BALANCE
Liabilities:
Accounts payable
Wages payable
Retainage payable
Total liabilities
Fund balances:
Fund balance
Total liabilities and fund balances
Pelican Bay
Landscape,
Street Safety, Lake & Clam Bay Capital
Operating Fund Lighting Beach Projects Projects
109 778 322 320
5,317,464.00
1,576,978.64
6,231,720.41
296,369.68
13,422,532.73
3,570.27
2,082.57
4,030,71
237,81
9,921.36
136,252.77
136,252.77
5,321,034,27
1,579,061.21
6,372,003,89
296,607.49
13,568,706.86
87,546.87 3,584.63 47,346.50 62,542.50 201,020.50
87,546.87 3,584.63 47,346.50 62,542.50 201,020.50
5,233,487.40
1,575,476.58
6,324,657.39
234,Ofi4.99
13,367,686.36
5,321,034.27
1,579,061.21
6,372,003.89
296,607,49
13,568,706,86
Fund Balance at the end of the period
5,233,487.40
1,575,476.58
6,324,657.39
2341064,99
13,367,686.36
Unspent balance of projects:
Small projects under $200K
50066-PBSD Landscape Improvement
50126-Beach Renourlshment
50143-PBSD Field Operation Center Improvements
50154-Hurricane Irma
50178-Sidewalk Maintenance/Enhancement
50211-PBSD OPS BLD
50212-PBSD PHI -SW
51026-PBSD Lake Bank Restoration
51100-Clam Bay Restoration
Total unspent balance of major projects
Budgeted reserves:
991000-Reserve for contingencies
991700-Reserve for disaster relief
992090-Reserve for sinking fund
993000-Reserve for capital outlay
994500-Reserve for future construction and improvement
998000-Reserve for cash
Total budgeted reserves
Budgeted commitments at the end of the period
- - 210,805.05
- 210,805.05
- - 527,677.21
- 527,677.21
- - 1,078,883.89
- 11073,883,89
- - 298,194,56
- 298,194.56
- - 620,860,44
- 620,860.44
- - 168,219.85
- 168,219,85
- - 2,061,285.55
- 2,061,285.55
- - 630,000.0O
- 630,000,00
- - 1,107,777.85
- 11107,777,85
225,080.92 225,080.92
6,703,704.40
225,080,92 61928,785,32
124,100.00
680,900.00
370,000.00
300,000.00 90,000.00
124,100.00
680,900.00
370,000,00
390,000.00
483,600.00
39,700.00
523,300.00
1,588,600.00
129,700.OD
370,000.00
2,088,300.00
1,588,600.00 129,700.00 7,073,704.40 225,080.92 9,017,085.32
Projected excess (deficit)fund balance 3,644,887.40 1,445,776.58 (749,047.01) 8,984.07 4,350,601.04
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Agenda item Na
Page 1 of 1
Clam Bay Update -February 2021
Clam Bay. The 2020 Clam Bay report is available on Earth Tech Environmental's website:
https:Heteflorida.com/clam-bay-monitoring-report-for-2020. A proposal for removing scaevola
from about 1.1 acres in the coastal scrub is being finalized, and quotes will be solicited from
qualified vendors. Depending on the cost, it may be a multi -year project. Per the 2020 Report,
canoe trail marker 8 needs to be replaced, and some of the canoe trail markers need to be
cleaned.
Clam Pass. About 10,300 cubic yards of sand was removed from Sections A and B in Clam Bay in
December, about 5000 cubic yards more than expected. About 3900 cubic yards of the sand
was placed on Pelican Bay's south beach for which the PBF paid about $51,000. Because more
sand was removed than expected, the contractor was paid an additional $61,000. The tidal
ratios in January 2021 at markers 4 and 14 are about .8, indicating very good flow into and out
of Clam Pass. The 2020 Physical and Tidal Monitoring Report is expected on March 22.
Boat Safety
Signage.
Work with Collier County Coastal Zone Management
Division will
continue so
that the
signs, per FL statute, for which Clam Bay is eligible will
be put in Clam Bay.
Water Quality. Results for October through December 2020 have not been received from the
County Lab, The 2020 report is expected on March 22.
Total phosphorus. From January through September 2020 only 31% of TP samples in Clam Bay
were out of compliance. While this is more than the 15% that is allowable, it is significantly
better than in 2019 when 82% of samples for TP were out of compliance.
Copper. Only three of 81 samples for January through September 2020 exceeded the allowable
limit which is very good.
Clam Bay Committee. The next Clam Bay Committee meeting will be at 1:30PM on March 30,
2021.
Prepared by Susan O'Brien
February 3, 2021
Agenda item #8b
Page 1 of 2
LANDSCAPE & SAFETY COMMITTEE MEETING REPORT
1:00 PM FEBRUARY 2, 2021 MEETING
1. SIDEWALK PROJECT UPDATES
a. Phase I: Construction bids should go out the middle of February.
b. Phase II: (1) plans are 75% completed
(2) new arborist (Davey Tree Service) is on board to
evaluate the project and the 2000 trees the plan impacts
c. the two phase structure of the project ensures the quickest way
forward to minimize delays
d. Funding for Phase I is in hand while Phase II will require a loan option
2. SEAGATE & VANDERBILT BEACH ROADS
To clear up any questions as to the responsibility to maintain and/or
construct sidewalks along these two roads, Chad Coleman prepared
a presentation that illustrates that the sidewalks here are in the County
right of way and are the responsibility of Collier County and not Pelican
Bay (PBSD).
3. TRAFFIC STUDIES (San Marino Cross Walk & 4-Way Stop at
Hammock Oak -Pelican Bay Blvd. -The Crescent)
We are waiting for official reports.
4. ANTI -SPEEDING STRATEGIES
Cpl. McGilvrey (CCSO) presented the methods at our disposal to
help mitigate speeding with Pelican Bay.
(1) Speed Trailers
(2) Unmanned Vehicles
(3) "Stealth Stat" device
(4) CCSO in person presence
5. STOPPING LEFT TURNS ONTO US 41 FROM GULF PARK DRIVE
Staff will ask the County Transportation Dept. to start the process with
the state DOT concerning extending the median on US 41 to inhibit
left turns exiting Pelican Bay onto US 41 from Gulf Park Dr,
6. The consensus of the committee is to recommend to the Full PBSD
Agenda item #8b
Page 2 of 2
Board that we not pursue, at this time, implementation of LPRs
(License Plate Readers) in Pelican Bay.
(Thanks to Chad Coleman, Operations Manager,
for preparing an excellent review and cost analysis of the project).
7. The L&S Cte. Chairman presented materials illustrating the need to
mitigate grass clippings in Oakmont Lake and the need to
carefully plan the replacement of the current Foundation sidewalk
that circles half the lake. A working group made up PBSD staff,
Foundation staff, and the L&S Cte. Chair will explore the requirements
of this project.
Submitted By: Joe Chicurel, PBSD Landscape &Safety Cte. Chair
uzenort
Collier County, FL Catle of OMlnencea
Agenda item #8bi
Page 1 of 5
Sec. 122-1670, -Opportunity [o comment prior to Initial Implementation or use of the unit's taxing and assessment authority.
Prior [o adopting the budget for the unit and Implementing any taxing or assessment authority under this unit the Board of County
Commissioners shall hold a public hearing upon reasonable notice Ina local newspaper of general circulation. At such public hearing the Board
of County Commissioners will consider the budget recommended by the PBSD Board and provide the public the opportunity to comment on the
proposed budget and the Implementation or use of the units taxing and assessment authority. '
(Ord. No. 02-27, § 16, 5-28-02; Ord. No, 2006-05, § 12)
EXHIBIT A
The Pelican Bay Services District Is comprised of and Includes those lands described as follows:
A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9,
Township 49 South, Range 25 East, Collier County, Florida, being one and the same as the lands encompassed by the Pelican Bay
Improvement Distrlct the perimeter boundary of same more particularly described as follows:
Commencing at the Southeast corner of said Section 33; thence South 89 degrees 59 minutes 50 seconds West along the South line of
Section 33 a distance of 150.02 feet to a point on the West right-of-way Ilne of U.S. 41 (State Road 45), said point also being the Point of
Beginning; thence Southerly along the West right-of-way line of said U. S. 41 (State Road 45) the following courses: South 00 degrees 58
minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218,29 feet; thence
South 01 degrees 00 minutes 29 seconds East a distance of 3218,56 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of
2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the North right-of-way line of Pine
Road as recorded In D.B. 50, Page 490, among the Public Records of said Collier County; thence departing said U.S. 41 (State Road 45) South
89 degrees 09 minutes 45 seconds West along said North right-of-way line a distance of 2662.61 feet; thence South 00 degrees 51 minutes 44
seconds East a distance of 70,00 feet to a point on the North line of Seagate Unit 1 as recorded In Plat Book 3, Page 85 among said Public
Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit 1 and the South line of said Section 9 a
distance of 2496,67 feet to the Southwest corner of said Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance
of 225 feet more or less to a point on the mean high water line established May 15,1968; thence a Northwesterly direction along said mean
high water line a distance 15716 feet more or less; thence departing said mean high water line South 80 degrees 29 minutes 30 seconds East
to
7/2812a2i
Colllef Caunly, FL COCs of Ormnances
Agenda item #8bi
Page 2 of 5
and along the Southerly line ofVanderbiit Beach Road (State Road 862) as recorded In D.B. 15, Page 121 among Bald Public Records a
distance of 7385 feet more or less to a point on said West right-of-way Ilne of U. S. 41 (State Road 45); thence South 00 degrees 58 minutes 36
seconds East along said West rlght-of--way line a distance of 257436 feet to the Point of Beginning.
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Agenda item #8bi
Page 3 of 5
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Agenda item Nc-1
Page 1 of 23
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Generaelease ("Agreement") is entered into by and
between Juan Carlos Gil ("Plaintiff') and Collier County, FL ("Defendant") (Plaintiff and
Defendant are collectively referred to as the "Parties"), as follows:
RECITALS
WHEREAS, Plaintiff has filed a lawsuit against Defendant, styled Juan Carlos Gil v.
Collier County Case No. 2:19-cv-00372-SPC-UAM in the United States District Court,
Middle District of Florida, Fort Myers Division (the "Lawsuit"), seeking injunctive relief to
remedy alleged accessibility barriers on Defendant's website, www.colliercountvfl.eov
("Website")t in violation of Title II of the Americans with Disabilities Act (the "ADA") and
Section 504 of the Rehabilitation Act of 1973;
WHEREAS, Plaintiff alleges that he attempted to use the Website, but that the Website
did not integrate with his screen reader software and that the Website did not have any other
means of access for the visually impaired;
WHEREAS, Defendant owns and operates the Website or controls and causes the
Website to be operated on Defendant's behalf, and which Defendant makes available to members
of the public to access with personal computers, laptops, mobile devices tablets, and other
Intern connected
devices;
WHEREAS, Defendant disputes, does not admit, and expressly denies the allegations set
forth above and in the Lawsuit and denies that the Website is in violation of Title II of the ADA
and Section 504 of the Rehabilitation Act of 1973; and
'For the purposes of this Agreement, the term "Website" shall refer to and explicitly includes
Defendant's web site, www.colliercountvfl.eov, Defendant's mobile website, and any and
all mobile interfaces, microsites or micro websites, landing pages and/or applications owned
and operated by Defendant.
Agendo item #9c-1
Page 2 of 23
WHEREAS, the Parties desire to avoid expense, time, effort, and uncertainty of further
litigation, have agreed to a full and final settlement of all claims that were or could have been
raised in the Lawsuit, including without limitation all ADA accessibility issues;
NOW THEREFORE, in consideration of the promises and the mutual covenants and
undertakings contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereto agree to the following terms
and conditions as full and complete settlement of the Lawsuit and any and all claims related to
the action:
AGREEMENT
I . Corrective Actions/ Scope of Barriers Removal.
Within twenty-four (24) months of the Effective Date of this Agreement, Defendant shall
use commercially reasonable efforts to improve the accessibility for blind and visually impaired
users of the electronic PDT documents generated by the Defendant and posted on the Website
using WCAG 2.0 Level AA as a guideline.
Due to burden and cost considerations, the Parties agree that the enforcement of this
Agreement, including the provisions of this paragraph are prospective and not retroactive.
Nothing in this Agreement shall be construed to require retroactive access to any electronic PDF
documents posted on the Website prior to the Effective Date, and the Parties specifically agree
that the Defendant is not so required.
To the extent that some of the electronic PDF documents posted on the Website are not
generated by the Defendant and/or the Defendant allows third patties to post electronic PDF
documents to its Website, Defendant will use good faith efforts to request that such third -party
content conform with WCAG 2.0 Level AA and this Agreement; however, in no event shall the
Agenda item #9c-1
Page 3 of 23
foregoing provision be construed to impose liability and/or responsibility on the part of the
Defendant for electronic PDF documents and/or content that is generated and/or posted by third -
parties on the Website.
Regarding all electronic PDF documents and/or content that is generated by the
Defendant and is posted on the Website as agenda items for commission, agency, department,
and/or board meetings ("Agenda Items"), Defendant may initially post such items on its Website
(regardless of accessibility) and label them as "Temporary." Within fifteen (15) business days,
Defendant will replace the initial posting of Temporary Agenda Items with an accessible version
of the electronic PDF documents and/or content that was generated by the Defendant, unless it is
technically infeasible to make said Agenda Items accessible. In no event shall this provision
regarding Agenda Items be enforceable in the case of an emergency and/or natural disaster
situation which affects the normal operations of the Defendant.
The Parties acknowledge and agree that there exist both in-house and third -party, legacy,
historical, commercial, and vendor supplied systems and/or documents, including but not limited
to on -premises and cloud hosted service, management, catalog, billing, and mapping systems
("Systems") and categories of electronic PDF documents that are technically infeasible or overly
costly to make accessible, including but not limited to third -party vendor contracts, third -patty
content, historical documents, and/or submissions and Agenda Items created, submitted, or
posted on the Website either in-house or by third -parties ("Excepted Documents and Systems").
Nothing in this Agreement shall be construed to require the Excepted Documents and Systems to
be accessible, and the Parties specifically agree that the Defendant is not so required. However,
Defendant agrees to provide access to the Excepted Documents and Systems if/when technology
Agenda item #9c-1
Page 4 of 23
makes it technically feasible and reasonably affordable to make the Excepted Documents and
Systems accessible.
There will be no breach of this Agreement unless (a) an independent consultant
determines that a person with a visual impairment who has average screen reader competency
using a prominent commercially available screen reader such as Jaws, Voiceover, or NVDA in
combination with one of the following browsers (in versions of which that are currently
supported by their publishers): Internet Explorer, Firefox, Safari, and Chrome cannot reasonably
access information and services, including PDF documents, contained within the Website; and
(b) the Defendant fails to remedy the issue using reasonable efforts within a reasonable period of
time of not less than sixty (60) calendar days of receiving the accessibility consultant's opinion.
If the independent consultant determines that the reasonable time using reasonable efforts to
remedy the items found not to be usable will extend beyond sixty (60) days, then the Parties may
agree on a longer period of time without leave of Court so long as the extension is documented in
writing and executed by the Parties. If the independent consultant finds that a particular item
found not to be usable cannot be remedies using reasonable efforts, the County shall not be
obligated to remedy that item.
If legislation is passed modifying Title II of the ADA or if the United States Department
of Justice or
any other federal government entity
promulgates final ADA Title II regulations
regarding website
accessibility during the term
of this Agreement,
this Agreement shall
automatically,
without further action by the Parties,
be modified such that
the Defendant shall be
required only
to achieve compliance with the minimum
requirements
set forth in any such
legislation or
regulation within the timeframe for
compliance set forth
in such legislation or
regulation.
Agenda item #9c-1
Page 5 of 23
2. Dismissal of Action.
Upon execution of this Agreement, the Parties shall sign and file a Joint Notice of
Settlement and Stipulation of Dismissal with Prejudice of the Action and a related proposed
Agreed Order adopting the Parties' stipulation and dismissing the case with prejudice, in the
forms collectively attached to this Agreement as Composite Exhibit A. The parties will also
submit to the Court a proposed Consent Order (attached hereto as Exhibit B) which incorporates
by reference and attaches this Agreement for entry by the Court.
3, Attorneys' Fees, Costs, Expenses, and Payments.
Within thirty (30) days of the Court's dismissal of this Action with prejudice pursuant to
Paragraph 2 above, Defendant shall tender• the sum total of Nine Thousand Five Hundred
Dollars and Zero Cents ($9,500.00) ("Settlement Payment"), in the form of a check
payable to "SCOTT R. DININ, P.A. IOTA," ( Tax ID No. 90-0643694) in full and final
satisfaction of all attorneys' fees, costs, other expenses, general releases, damage claims, if
any, of any kind incurred by Plaintiff in connection with the Lawsuit. SCOTT R. DININ,
shall provide to Defendant's counsel a 2019 Form-1099. Defendant shall bear its own
attorney's fees, litigation expenses, and costs incurred in connection with this Lawsuit. Plaintiff
shall bear all tax liability associated with the Settlement Payment, if any, and further agrees to
indemnify and defend Defendant in connection with any such tax liability. Allocation of
Settlement Payment is as follows:
a. $8,500.00 for attorneys' fees and costs; and
b. $1,000.00 for any and all damages to Plaintiff under Section 504 of
the Rehabilitation Act and for Plaintiff's full general release.
4. Release.
In consideration of the promises and covenants contained in this Agreement, including
without limitation the voluntary accessibility remediation and attorneys' fee payment described
Agenda item #9c-1
Page 6 of 23
in Paragraphs 1 and 3 above, Plaintiff voluntarily and irrevocably releases, acquits and forever
discharges all known and unknown legal or equitable claims, demands, liabilities, rights, debts,
judgments, damages, expenses, actions, causes of action, or suits relating to or arising out of the
Lawsuit against Defendant, its Website, and each of its affiliated organizations and entities and
their websites, domains and subdomains, employees, officers, directors, agents, attorneys,
predecessors, successors and assigns, attorneys, and each of their respective heirs, executors,
administrators, personal representatives, successors and/or assigns (collectively, the "Released
Parties" and "Released Parties' Websites") with regard to the accessibility of the Website
together with each Released Parties' Websites, domain names, and/or sub domains. This release
includes without limitation all claims against the Released Parties that arise under Title III of the
ADA, Title II of the ADA, Section 504 of the Rehabilitation Act of 1973, the Florida
Accessibility Act, any claims for trespass of chattels, Florida Statute Section 760 and/or any
other• federal, state or local law governing access features for persons with disabilities at public
accommodation, whether before any federal, state or local agency, in any court of law, or before
any other forum relating to the Website, including all claims for attorneys' fees and costs, expert
fees, litigation expenses, or any other amount, fee, and/or cost including compensatory, punitive,
and any other• damages, if any, with the exception of the amount required to be paid by the
Defendant pursuant to paragraph 3 of this Agreement. Notwithstanding the foregoing, this
release does not bar or otherwise limit claims for breach of any provision of this Agreement, or
any action taken to enforce any provision of this Agreement.
5. General Provisions.
A. Governing Law. This Agreement and its construction shall be interpreted in
accordance with the ADA and, to the extent applicable, Florida law, without regard to Florida's
conflict of law principles.
Agenda item #9c-1
Page 7 of 23
B. If the Website is sold or closed down (unless it re -opens), or if Defendant ceases
to own, lease, lease to, or operate the Website prior to the conclusion of remedial measures
contemplated by Paragraph I of this Agreement, as of that date, Plaintiff and Defendant shall no
]onger be subject to the terms and conditions of this Agreement. Nothing herein shall prohibit
Defendant from selling, closing down, removing content, or otherwise terminating operations of
the Website. If the Website is otherwise rendered inoperable for any period of time due to loss of
power, network hosting/provider issues, equipment failure, or damage to Defendant's facilities
("Service Disruptions"), such Service Disruptions shall not constitute a breach of this
Agreement.
C. Defendant will only be required to make the modifications set forth in Paragraph
I to the extent that the remedial measures are readily achievable. The Parties agree to cooperate
and negotiate in good faith to obtain a reasonable, readily achievable, and workable alternative
solutions. In the event the Parties are unable to resolve any such issue(s), the Parties agree to
submit same to the Court for the Middle District of Florida for a final determination.
D. The Parties agree that any delays in making the modifications to the Website, as
provided for herein, caused by third -party vendors and/or consultants shall not be deemed to
violate the compliance dates contained herein, provided that Defendant provide notice to
Plaintiff, through his counsel, of the reasons for the delay prior to the deadline for completion of
the modification and acts in good faith to complete the modifications set forth in Paragraph I
within a reasonable time thereafter.
E. If, in the course of performing its obligations under this Agreement, Defendant
encounters conditions that render a modification to be technically infeasible or virtually
impossible or if completion of such modification would involve a significant financial burden,
Agenda item #9c-1
Page 8 of 23
then it shall provide written notice to Plaintiffs attorney identifying which modifications) are
technically infeasible, virtually impossible, or involve a significant financial burden, explaining
the reason(s) why such modifications are so, and, if possible, proposing alternate modification(s)
intended to provide equal or substantially the same access as the modification(s) determined to
be technically infeasible, virtually impossible, or involving a significant financial burden. In the
event the Patties cannot agree that a modification is technically infeasible, virtually impossible,
or involving a significant financial burden, or cannot agree that an alternate modification
provides access or substantially the same thereas, then the Parties agree to submit same to the
Court for the Middle District of Florida for a final determination.
F. In the event modifications required herein are not timely completed due to
acts of God, force majeure, or events beyond the contt•ol of Defendant, then, only to the
extent the failure to timely complete does not result from Defendant's failure to act
diligently and in good faith and provided that, before the expiration of time for completion
of the requirements established hereby, Defendant provides Plaintiffs counsel with written
notice of the specific non-compliance and the reasons therefore, the time requirements
established hereby shall be extended only to the extent necessitated by such acts of God or
other events beyond Defendant's control. In the event the Parties are unable to agree to a
reasonable amount of additional time, the Parties agree to submit same to the Court for the
Middle District of Florida for a final determination.
G. The Parties stipulate that the modifications agreed to in this Agreement
constitute, for the purposes of Title II of the ADA and Section 504 of the Rehabilitation Act
of 1973, and all local laws, rules and regulations, and their implementing regulations and
standards, practicable measures for the removal of existing barriers to access to the Website.
Agenda item #9c-1
Page 9 of 23
H. Enforcement. Any action to enforce this Agreement shall be brought in a Court of
competent jurisdiction located in Collier County, Florida. The ADA and, to the extent
applicable, Florida law shall apply in any action to enforce this Agreement. The prevailing party,
as defined by the ADA, in any action to enforce this Agreement shall be entitled to their
reasonable attorneys' fees, paralegals' fees, litigation expenses and costs pursuant to 42 U.S.C.
12205,
I. Non -Admission of Liability. Nothing in this Agreement shall be deemed an
admission of wrongdoing or an admission of any violation of law by any of the Released Parties.
Specifically, neither this Agreement nor anything contained herein shall constitute or is to be
construed as an admission by Defendant, the Released Parties, or by any officials, contractors or
agents of Defendant or the Released Parties of a violation of any federal, state or local statute,
law, regulation, code, or ordinance (including the ADA), of any legal, common law or equitable
duty owed by Defendant to anyone, or as evidence of any other liability, wrongdoing, or
unlawful conduct. The Parties acknowledge that this Agreement has been entered into by the
Parties to avoid the costs and expenses of continued litigation and to settle disputed claims.
J. Authority. Each person executing this Agreement on a party's behalf, has been
duly authorized to sign on behalf of the respective patty and to bind each to the terms of the
Agreement.
K. Plaintiff represents and warrants that he has not received any promises or
agreements not expressly contained in this Agreement, and is not relying upon any statements or
representations made by Defendant, its agents, attorneys, employees, or persons acting on
Defendant's behalf concerning the merits of any claims or the nature, extent or duration of any
damages, or any other thing or matter, but is relying solely upon their own judgment and this
Agreement. Plaintiff further represents and warrants that he has not encountered and is not aware
Agenda item #9c-1
Page 10 of 23
of any other accessibility barriers of the Defendant's Website, other than the barriers alleged in
the Lawsuit.
L. The Parties agree to cooperate fully and execute any and all supplementary
documents and to take all additional actions that may be necessary or appropriate to give full
force and effect to the basic terms and intent of this Agreement.
M. Entire Agreement, This Agreement contains the entire agreement between the
Parties with respect to the matters set forth herein, and no other statement, promise, or
agreement, either written or oral, made by either party or agents of either party, that is not
contained in this written Agreement shall be enforceable. This Agreement fully supersedes any
and all prior agreements, statements, representations or understandings pertaining to the subject
matter herein. This Agreement shall be binding upon and inure to the benefit and/or detriment of
in the case of obligations) the members, executors, administrators, personal representatives,
heirs, successors, and assigns of each party. In the event that a court of competent jurisdiction
concludes that any part of this Agreement is unenforceable, such portions shall be severed, and
all other portions shall remain valid and enforceable, provided that the Parties may still
effectively realize the complete benefit of the promises and considerations conferred hereby.
N. No Knowledge of Potential Claimants/No Other Proceedings. As a material
inducement for Plaintiff's and Defendant's willingness to enter into this Agreement, each further
represent and warrant that they have not assigned, transferred, or purported to assign or transfer,
to any person, thing, corporation, association or entity whatsoever, any claims released herein.
Plaintiff further represents and warrants that Plaintiff is unaware of any potential plaintiff,
putative class member, or other counsel who intends to make demands or bring litigation against
the Defendant and/or Released Parties based on the claims against the Defendant in this Lawsuit.
Agenda item #9c-1
Page 11 of 23
Plaintiff further represents and warrants that Plaintiff has not been notified nor otherwise
informed of any such intention or consideration thereof. Plaintiff represents that, other than the
Lawsuit, Plaintiff has not filed any charges, complaint, lawsuits, or other proceedings against the
Defendant and/or Released Parties arising from or relating to the claims in this Lawsuit with any
court or local, state, or federal agency charged with the investigation or enforcement of any law.
The Parties expressly intend and agree that this Agreement shall inure to the benefit of all
visually impaired persons who utilize a screen reader to access the Website and PDF documents,
of which visually impaired persons shall constitute third -party beneficiaries to this Agreement,
Such third -party beneficiaries shall be entitled to enforce only the nonmonetary provisions of
this Agreement against the Defendant and/or Released Parties.
O. Draftin¢. The Parties acknowledge that each party has reviewed and revised this
Agreement and that the normal rule of construction that ambiguities are to be resolved against
the drafting party shall not be employed in the interpretation of this Agreement.
P. Counterparts. This Agreement may be executed in counterparts and via facsimile
and/or electronic transmission (e.g. an executed agreement scanned into a pdf document and
exchanged by email), each of which shall be deemed an original and all of which taken together
shall constitute one and the same instrument. For the purposes of this Agreement all faxed and
scanned signatures shall be accepted as original signatures.
Q. Waiver. No waiver of any breach or other rights under this Agreement shall be
deemed a waiver unless the acknowledgment of the waiver is in writing executed by the party
committing the waiver. No waiver shall be deemed to be a waiver of any subsequent breach or
rights. All rights are cumulative under this Agreement.
Agenda item #9c-1
Page 12 of 23
R. Headings. The headings contained in the Agreement are for reference purposes
only and shall not in any way affect the meaning or interpretation of this Agreement.
S. Invalidation. Any term or provision of this Agreement that is invalid or
unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of
the remaining terms and provisions hereof or the validity or enforceability of the offending term
or provision in any other situation or in any other jurisdiction. If the final judgment of a court of
competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, the
Plaintiffs and the Defendant, agree that the court malting the determination of invalidity or
unenforceability shall have the power to reduce the scope, duration, or area of the term or
provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or
provision with a term or provision that is valid and enforceable and that comes closest to
expressing the intention of the invalid or unenforceable term or provision, and this Stipulation
shall be enforceable as so modified after the expiration of the time within which the judgment
may be appealed.
T. Time Is Of The Essence. The Patties further agree that time is of the essence in all
respects regarding this Agreement.
U. Cooperation. For a period of three (3) years following the full execution and/or
effective date of this Agreement, if Defendant receives any letters, actions, lawsuits, claims,
complaints, or investigations from any non-party to this Agreement with accessibility claims or
allegations claiming violations of the ADA and/or Section 504 of the Rehabilitation Act
involving the Website, Scott R. Dinin, P.A. shall cooperate and assist Defendant in the
prevention of the additional website accessibility claims from being brought against Defendant.
Scott R. Dinin, P.A.'s cooperation includes, but is not limited to, contacting the parties involved
Agenda Item #go-1
Page 13 of 23
in the additional potential website accessibility claims to discuss the existence or terms of this
Agreement (with Defendant's pre -approval in writing for disclosure by Scott R. Dinin, P.A.), and
Defendant's commitment to making the Website accessible
V. Dismissal/No Other Proceedings. Plaintiff represents that he has not filed or
participated in any complaints, claims or actions against the Defendant or the Released Parties
with any state, federal or local agency, court, or to their tribunal other than this Lawsuit, and that
Plaintiff will not do so at any time hereafter and any other claims relating to the Website arising
under the ADA Title III and Florida Statute Section 760, which may have arisen prior to
effective date of this agreement,
6. Communications.
All transmittals, deliveries, and communications required to be given under this
Agreement shall be delivered by electronic mail or by FedEx. If to be given by one patty to
another party, they shall be delivered to the following addresses:
If to PLAINTIFF:
Scott R. Dinin, Esq.
SCOTT R. DININ, P.A.
4200 N.W. 71h Ave.
Miami, Florida 33127
srd(_adininlaw.com
OR
J. Courtney Cunningham, Esq.
J. COURTNEY CUNNINGHAM0 PLLC
8950 SW 7401 Court, Suite 2201
Miami, FL 33156
ccna.cunninghampllc.com
If to DEFENDANT:
Jeffrey A. Klatzkow, Esq.
Collier County Attorneys Office
3299 Tamiami Trail E, Suite 800
Naples, FL 341124902
Email: ief .klatzkowla),colliercountyfl.gov
Agenda item #9c-1
Page 14 of 23
THE PARTIES AGREE THAT THIS AGREEMENT CONSTITUTES THEIR
ENTIRE AGREEMENT, THAT THEY HAVE READ AND UNDERSTAND ALL ITS
PROVISIONS AND REQUIREMENTS, AND THAT THEY ARE ENTERING INTO
THIS AGREEMENT VOLUNTARILY AND IN GOOD FAITH.
JUAN CARLOS GIL, individually
Dated
STATE OF
ss:
COUNTY OF
SWORN TO AND SUBSCRIBED before me this day of , 2019 by
Juan Carlos Gil, who is O personally known to me or O produced as
identification and who did take an oath.
(Seal)
Scott R. Dinin, Esq.
Scott R. Dinin, P.A.
Counsel for Plaintiff
By:
Notary Public,
State of at Large
(Printed Name of Notary Public)
My Commission
J. Courtney Cunningham, Esq.
J. Courtney Cunuingham, PLLC
Counsel for Plaintiff
Print Name:
Agenda item #9c-1
Page 15 of 23
ATTEST:
Crystal K. Kinzel, Cleric
By:
Approved as to Form and Legality:
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
William L. McDaniel, Jr., Chairman
Agenda item #9c-1
Page 16 of 23
COMPOSITE EXHIBIT A
Agenda item #9c-1
Page 17 of 23
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Civil Action Number: 2:19-cv-00372-SPC-UAM
7UAN CARLOS GIL
Plaintiff;
vs.
COLLIER COUNTY, FLORIDA
Defendant.
JOINT NOTICE OF SETTLEMENT AND
STIPULATION OF DISMISSAL WITH PREJUDICE
Plaintiff, Juan Carlos Gil ("Plaintiff') and Defendant, Collier County,
Florida ("Defendant") (Plaintiff and Defendant are collectively referred to as
the "Parties"), having entered into a Settlement Agreement and Release
("Agreement") that resolves all claims that were or could have been brought in this
action, hereby stipulate to the dismissal of this action with prejudice. The parties
agree that the Court shall retain jurisdiction of this matter pursuant to the Consent
Order that has been concurrently submitted to the Court.
Agenda item #9c-1
Page 18 of 23
Jointly submitted this day
SCOTT R. DININ, P.A.
Co -Counsel for Plaint
Juan Carlos Gil
4200 N.W. 7"' Avenue
Miami, Florida 33127
Telephone: (786)431-1333
Facsimile: (786) 513-7700
By:
Scott R. Dinin, Esq.
Florida Bar No. 97780
inbox@dininlaw.com
J. COURTNEY CUNNINGHAM,
PLLC
Co -Counsel for Plaintiff,
Juan Carlos Gil
8950 S.W. 74`" Court, Suite 2201
Miami, Florida 33156
Telephone: (305)351-2014
Facsimile: (305) 513-5942
By:
J. Courtney Cunningham, Esq.
Florida Bar No. 628166
c@cunninghampllc.com
2019.
COLLIER COUNTY ATTORNEY'S
OFFICE
Colleen M. Greene, Esq.
3299 Tamiami Trail E. Suite 800
Naples, Florida 341124902
Telephone:239-252-8400
Fax:239-252-6300
By:
Colleen M. Greene, Esq.
Florida Bar No. 502650
co lleengreene@colliergov.net
Agenda item #9c-1
Page 19 of 23
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Civil Action Number: 2:19-cv-00372-SPC-UAM
JUAN CARLOS GIL
Plaintiff;
vs.
COLLIER COUNTY, FLORIDA
Defendant.
ORDER OF DISMISSAL WITH PREJUDICE
THIS CAUSE came before the Court on the parties' Joint Notice of
Settlement and Stipulation of Dismissal with Prejudice, and the Court, having
considered same, having reviewed the file, and being otherwise advised in the
premises, it is hereby ORDERED AND ADJUDGED:
All claims that were or could have been raised in this action are hereby
DISMISSED WITH PREJUDICE. Attorneys' fees and other recoverable costs and
expenses, if any, shall be disbursed as specified by the Parties in the Agreement.
Agenda item #9c-1
Page 20 of 23
DONE AND ORDERED in Chambers this day of , 2019.
The Honorable Sheri Polster Chappell
Copies furnished to: United States District Court Judge
All counsel of record
Agenda item #9c-1
Page 21 of 23
EXHIBIT B
Agenda Item #9o-1
Page 22 of 23
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Civil Action Number: 2:19-cv-00372-SPC-UAM
JUAN CARLOS GIL
Plaintiff,
v�
COLLIER COUNTY, FLORIDA
Defendant.
CONSENT ORDER
WHEREAS, the parties of the above -entitled action have agreed upon a
Settlement Agreement embodying actions and remediation to be undertaken
regarding Defendant's Website, www.colliercountyfl.gov; and
WHEREAS, the parties and the court have concluded that there is no further
need to litigate the issue of set forth in the Lawsuit because the parties have
mutually agreed to the entry of the attached Settlement Agreement as a Consent
Order in this case; and
WHEREAS, neither party waives their claims nor defenses by entering this
Agreement as a settlement order, and Defendant's assent is not an admission that
Agenda item #9c-1
Page 23 of 23
they have committed any violations of law,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, and parties
do hereby consent as follows:
1. That the attached Settlement Agreement be entered as a Consent
Order in this case binding upon the parties on both sides of this matter, their
successors in office, agents, employees, and all persons in active consent or
participation with them to the extent set forth and pursuant to the terms and
conditions in the Settlement Agreement. Moreover, this Agreement and Consent
Order shall inure to the benefit of all visually impaired persons who utilize a screen
reader to access the Website and PDF documents, of which visually impaired
persons shall constitute third -party beneficiaries to the Agreement. Such third
party beneficiaries shall be entitled to enforce the nonmonetary provisions of this
Agreement against the Defendant and/or Released Parties.
2. That the Court will retain jurisdiction for purpose of overseeing
implementation of the Agreement.
DONE AND ORDERED in Chambers this_day of , 2019.
Copies furnished to:
Judge All counsel of record
The Honorable Sheri Polster Chappell
United States District Court
Agenda item #9c
Page 1 of 3
Recommendation to approve and authorize the Chairman to sign a Settlement Agreement to settle
the lawsuit styled Juan Carlos Gil v. Collier County, Florida, Case No. 2:19-cv-00372-SPC-UAM
now pending in the United States District Court, Middle District of Florida Fort Myers Division
and authorize the County Manager, coordinating with the County Attorney, to take any additional
administrative action necessary to finalize the Settlement documents.
OBJECTIVE: To dispose of a Federal Americans with Disabilities Act ("ADA") lawsuit now pending
in Federal Court.
CONSIDERATIONS: On June 5"i, Juan Carlos Gil filed a Complaint against Collier County in Federal
Court in Ft. Myers seeking Injunctive and Declaratory Relief, attorney's fees, and costs, alleging that
Collier County is in violation of Title II of the Americans with Disabilities Act, as amended, 42 U.S.C.
Sec. 121315 et. seq. ("ADA") and Section 504 of the Rehabilitation Act of 1973 ("RA"), 29 U.S.C. Sec.
794 (Section 504). Mr. Gil alleges in his Complaint that he is visually impaired and a resident of Miami -
Dade County seeking to perhaps move to Collier County and as a result he has been researching Collier
County on the Collier County government website. Mr. Gil alleges that certain documents that he would
like to review are not accessible by persons who are visually impaired and who utilize screen readers.
Mr. Gil is asking the Court to provide injunctive and declaratory relief to require Collier County to
provide equal, effective and timely access for blind and visually impaired individuals.
Mr. Gil has filed 27 similar lawsuits against local government agencies throughout the State of Florida.
Another plaintiff, Joel Price, has filed similar lawsuits against an additional six local government
agencies. If plaintiff prevails in the litigation, in addition to any damages awarded (which are frankly
speculative), plaintiff is entitled to an award of attorney's fees (which can be considerable).
Local governments are responding to these complaints in one of two ways. Some local governments are
currently actively defending these lawsuits, others have elected to settle early on. The proposed
Settlement Agreement is substantially identical to what Leon County has recently agreed to.
After discussions with staff, it is apparent that Collier County's website (like that of virtually every other
local government) is not fully ADA compliant (though the vast majority of documents on the website are
clearly accessible). The reason for this is the public's expectation of full transparency in the government
process, as well as local governments utilizing their websites as public information portals. Providing
this vast volume of documents, constantly updated, presents a challenge for strict compliance with
accessibility standards. This is both a national and a State-wide issue, which will likely require Federal
regulations to be enacted in order to create a "best practices" for local governments.
The County Attorney sees little benefit in litigating this matter as (1) there is no upside as (a) the cost
incurred in litigating this to a successful conclusion would exceed $9,500 with no meaningful ability to
receive any award, and (b) the cost incurred should plaintiff prevail would dwarf $9,500; and (2) the
County's website is not fully ADA compliant, which gives plaintiff the ability to bolster his complaint as
discovery invariably leads to additional evidence of noncompliance. Accordingly, prior to engaging in
litigation or Court Ordered Mediation, the parties have agreed to enter into a Settlement Agreement,
subject to Board approval. If agreed to by the Board, the Settlement Agreement includes $8,500 for
attorney's fees to plaintiffs attorney, and $1,000 in damages to Mr. Gil, however no other direct costs or
fees would be due at this time. The plaintiff will dismiss this Complaint with Prejudice.
Agenda item #9c
Page 2 of 3
Among other considerations, the Settlement Agreement provides (1) two years for the County to use
reasonable efforts to improve the accessibility for the blind and visually impaired users of the electronic
PDF documents generated by the County and posted on the website using WCAG 2.0 Level AA as a
guideline;" (2) the County to use good faith efforts to request that third -party content conform with
WCAG 2.0 Level AA and this Agreement; (3) non -admission of liability on behalf of the County; (4) "the
parties agree that this Agreement shall inure to the benefit of all visually impaired persons who utilize a
screen reader to access the website and PDF documents, of which visually impaired persons shall
constitute third -party beneficiaries to this Agreement;" and (5) for a period of three years, the Plaintiff's
attorney agrees to cooperate and assist the County in the prevention of additional website accessibility
claims from being brought against the County.
This Settlement Agreement has been entered into by other local governments in the State of Florida.
Should minor edits be required following Board approval, Staff requests that the Board authorize the
County Manager, coordinating with the County Attorney, to make necessary edits and execute any
additional necessary documents to effectuate the settlement.
The County Attorney and Risk Management Director support this Settlement Agreement and recommend
Board approval for the following reasons:
The cost to defend this federal litigation could include the payment of attorneys fees and costs to
the Plaintiff including the potential for compensatory (pain and suffering) damages to the
Plainfiff.
2. The County is in the process of engaging a consultant to use commercially reasonable efforts to
improve the County website accessibility for the blind and visually impaired.
3. The Settlement effectively buys the County two years to reach compliance, during which time
appropriate Federal Regulations may be enacted.
FISCAL IMPACT: Funds in the amount of $9,500 will come out of either the County's General Fund
or on 516, Property and Casualty Insurance depending on the coverage opinion from the County's
insurance carrier.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: For the Board to approve and authorize the Chairman to sign a Settlement
Agreement in order to settle the lawsuit styled Juan Carlos Gi] v. Collier County, Florida, Case No. 2:19-
cv-00372-SPC-UAM now pending in the United States District Court, Middle District of Florida Fort
Myers Division and authorize the County Manager, coordinating with the County Attorney, to take any
additional administrative action necessary to finalize the Settlement documents.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENTS)
1. Settlement Agreement (DOCX)
Agenda item #9c
Page 3 of 3
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doe ID: 9520
Item Summary: Recommendation to approve and authorize the Chairman to sign a Settlement
Agreement to settle the lawsuit styled Juan Carlos Gil v. Collier County, Florida, Case No. 2:19-cv-
00372-SPC-UAM now pending in the United States District Court, Middle District of Florida Fort Myers
Division and authorize the County Manager, coordinating with the County Attorney, to take any
additional administrative action necessary to finalize the Settlement documents.
Meeting Date: 07/09/2019
Prepared by:
Title: Legal Office Administrator — County Attorney's Office
Name: Debbie Allen
07/02/2019 10:51 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2019 10:51 AM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer
Completed 07/02/2019 10:53 AM
Administrative Services Department
Len Price
Level
1 Division Reviewer
Completed
07/02/2019 11:16
AM
Administrative Services Department
Len Price
Level
2 Division Administrator Review
Completed
07/02/2019 11:17
AM
County Attorney's Office
Colleen Greene
Level
2 Attorney Review
Completed
07/02/2019 11:26
AM
Office of Management and Budget
MaryJo Brock
Level
3 OMB Gatekeeper Review
Skipped
07/02/2019 11:05
AM
County Attorney's Office
Jeffrey A. Klatzkow
Level
3 County Attorney's Office Review
Completed
07/02/2019 1:41
PM
County Manager's Office
Leo E. Ochs
Level
4 County Manager Review
Completed
07/02/2019 1:41
PM
Board of County Commissioners
MaryJo Brock
Meeting
Pending
07/09/2019 9:00
AM
Agenda item #9d
Page 1 of 3
EXECUTIVE SUMMARY
Rocommendation to approve a resolution authorizing the County's borrowing an
amount not exceeding $10,000,000 under the Florida Local Government Finance
Commission's Pooled Commercial Paper Loan Program for the purpose of
constructing various capital improvements within the Pelican Bay MSTU&BU; this
loan is secured by the County's covenant to budget and appropriate legally
available non a&valorem revenue but will be repaid specifically from Pelican Bay
MSTU&BU annual assessment revenue and certain amounts provided to the
Pelican Bay MSTU&BU under an asset swap contribution resolution between the
County and the Pelican Bay Services Division; authorize the execution of a loan note
or loan notes to evidence such borrowing; authorizing the execution and delivery of
such other documents as may be necessary to effect such borrowing; and approve
aH necessary budget amendments.
Approve the Resolution.
CONSIDERATIONS: In July 2019, the County and the Pelican Bay Services Division
entered into an asset swap contribution resolution whereby the County will provide the
Division the sum of $500,000 a year for ten (10) years to essential replace and transfer
maintenance of sidewalks and certain drainage outfalls in perpetuity to the Division.
It is the intent of the Pelican Bay Services Division to begin the process of sidewalk
replacement, drainage outfall replacement, lake bank improvements and certain
maintenance facility improvements with these capital projects financed in a flexible
manner utilizing the County's Pooled Commercial Paper Loan Authority through the
Florida Local Government Finance Commission which the County is a charter member.
The Florida Local Government Finance Commission (FLGFC), which is marketed and
administered by the Florida Association of Counties, has for thirty (30) years provided
local governments with a flexible, low cost financing alternative. Since 1991, the
program has loaned over $2.6 billion to more than fifty (50) counties, cities, school
boards, port authorities and other special districts across the state of Florida.
Discussions with members of the Pelican Bay Services Division staff and Division
Advisory Board members have occurred at various times over the past 18 months and
there is general consensus to utilize commercial paper since it essentially mirrors a
flexible line of credit rather than competitively solicit a seven (7) to ten (10) year fixed
rate taxable bank note in a fixed dollar amount. A longerAerm competitive bond is also
not an option due to the general cost of issuance and the Divisions desire for flexibility.
Further, Division leadership is not in favor of a referendum within the Division enabling
the use of ad valorem taxes to repay any market credit. It is important to note that the
Pelican Bay Services Division is a County operation and therefore, any debt issued while
Agenda item #9d
Page 2 of 3
re -payed primarily from Division annual assessment revenue is still considered County
debt.
Conmlercial paper interest rates are variable, change monthly and payment can be
interest only although that is not recommended. The November 2020 all in interest rate is
1.33% and the six-month average all in interest rate is $1.34%.
Initial loan terms maybe up to five (5) years and repayment terms are very flexible and
tailored to each participant needs. The commercial paper notes which fund the loans are
secured by a direct -pay letter of credit issued by JP Morgan Chase (the Bank) providing
the letter of credit supporting the program. JP Morgan Chase maintains a high credit
rating in the short-term marketplace and this excellent credit rating allows the
commercial paper notes to be issued at low interest rates which are passed on to program
participants. Loan repayments are secured by the County's covenant to budget and
appropriate all legally available non ad -valorem revenue but in this instance any loan
draw will be repaid specifically from Pelican Bay MSTU&BU annual assessment
revenue and certain amounts provided to the Pelican Bay MSTU&BU under an
asset swap contribution resolution between the County and the Pelican Bay Services
Division.
It is anticipated that a draw or series of draws will be paid back within the designated
five-year widow. If not, then any remaining bullet payment will be refinanced.
This recommended Resolution delegates authority to the County Manager to borrow
funds pursuant to the Loan Program in the amounts and at times necessary to finance
capital costs described in project A-2•
ADVISORY BOARD RECOMENDATION:
FISCAL IMPACT: Enactment of the resolution provides the framework to draw loans,
it does not obligate any loan draw. It is expected that a draw or series of draws will be
amortized within the first five (5) year loan term under quarterly principal and interest
payments with a bullet payment at maturity assuming a draw is not paid in full. The
Pelican Bay Services Division annual assessment process will be adopted with a specific
dollar value dedicated exclusively to debt re -payment.
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: From CA
RECOMMENDATION: To approve a resolution authorizing the County's borrowing
an amount not exceeding $10,000,000 under the Florida Local Government Finance
Commission's Pooled Commercial Paper Loan Program for the purpose of constructing
various capital improvements within the Pelican Bay MSTU&BU; this loan is secured by
the County's covenant to budget and appropriate legally available non ad -valorem
revenue but will be repaid specifically from Pelican Bay MSTU&BU annual assessment
Agenda item Od
Page 3 of 3
revenue and certain amounts provided to the Pelican Bay MSTU&BU under an asset
swap contribution resolution between the County and the Pelican Bay Services Division;
authorize the execution of a loan note or loan notes to evidence such borrowing;
authorizing the execution and delivery of such other documents as may be necessary to
effect such borrowing; and approve all necessary budget amendments.
Prepared by: Marls Isacicson, Director of Corporate Finance and Management Services,
Office of Management and Budget; and Laura Zautcice, Senior Budget Analyst, Office of
Management and Budget
Budget Meeting Notes
1 . FY. fct - on track, slightly underbudget
2. 21/22 early look
Operations - need to make up for unusually large
C/fwd in 20/21
- Impact of $15 min wage?
Capital - few new projects for next year that are not
to be financed
- debt service
Closer look in April
3. Use of contractor landscape services for 41 berm
Not recommended - advantages of control (storm recovery)
- Waterside experience on costs
- current quality is high
- currently use 1/3 contract labor
4. Committee unanimously recommends leaving current
methodology for assessments unchanged
Discussed - origins of 5.75/ERU commercial
- anomalies
- lack of generally accepted alternatives
}
1
One Way Communications
1 . Continuing concerns about utilization of "one-way" communications
2. General rule - because of "sunshine laws" is there should be no
communication among Board members outside of public meetings
3. Chair recommends we adopt following procedure:
- generally any information a Board member wishes to communicate
to other Board members should be via a submission to be included
in a Board or Committee agenda package (public record)
- requests for one way communication to be forwarded by staff
should be extremely rare and should only relate to factual information
that needs to be distributed on an urgent basis (can't wait for Board /
Committee meeting agenda package)
- request for a one way will not be automatic, a board member
wishing to request a one way should discuss reason for it with staff
and reach consensus that the need for it and the content of it meets
the one way criteria
{
{
Web-Site
1 . County (we) have a current ADA compliant web site
2. County appear uncomfortable with us maintaining web site that
is not under their control - external host
3. County web site hosts most but not all PBSD documentation that
was on old PBSD web site
4. Additional stand alone web site would be costly to set up
and maintain - duplicate input, additional input, staff resources,
external hosting fees
5. Benefits of additional web site unclear
very few requests for documentation not on current County web
site
- requests for additional documentation made to staff are provided
in timely manner
6. Possible to spruce-up the interface to current County system for
approx. $10,000 but would not provide any access to any additional
documentation
7. Board needs to reach consensus on acceptability of current web
access to PBSD official records
3
ACOE Beach Reinforcement Project - Pelican Bay Impact
1 . Project based on 8 foot inundation surge - projected to extend past
berm
2. Only direct impact of surge considered. No consideration of impact on
Clam Bay as integral part of Pelican Bay storm water management
system and possible resultant flooding
2. Clam Bay viewed as expendable break against surge does not qualify
for ACOE funding
3. Only 33 un-identified units eligible for secondary reinforcement
4. No study done of impact on Pelican Bay beaches and Clam Pass of
extending beach berms north and south of Pelican Bay
5. No recognition of County commitment to "protect" Clam Bay/Clam
Pass as nature preservation area
Conclusions:
1 . Project needs to progress - larger benefit for the County
2. Need to work with the County on their "commitment"
3. Need to pressure ACOE to study impact of proposed north and south
beach extensions
4. Based on current ACOE plan need to work with PBF to develop plan to
reinforce Pelican Bay from storm surge ( possibly greater than 8 feet)
- increasing berm height, extending berm north and south and tie-ins
to ACOE plans, reinforcing Pelican Bay beaches via piggy-backing
ACOE/County project and negotiating some County cost sharing