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PBSD MSTBU Minutes 02/10/2021PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION FEBRUARY 10, 2021 The Pelican Bay Services Division Board met on Wednesday, February 1Q5 2021, at 1:00 P.M. at the Community Center at Pelican Bay, 8960 Hammock Oak Drive, Naples, Florida 34108. In attendance were: Pelican Bay Services Division Board Michael Fogg, Chairman Joe Chicurel, Vice -Chairman Tom Cravens (absent) Jacob Damouni Nick Fabregas Pelican Bay Services Division Staff Neil Dorrill, Administrator Chad Coleman, Operations Manager Darren Duprey, Assoc. Project Manager Also Present John Gandolfo, Pelican Bay Foundation Peter Griffith Denise McLaughlin Susan O'Brien Scott Streckenbein Rick Swider Michael Weir Karin Herrmann, Operations Analyst Lisa Jacob, Project Manager Barbara Shea, Administrative Assistant Jim Hoppensteadt, Pelican Bay Foundation APPROVED AGENDA (AS PRESENTED) 1. Pledge of Allegiance 2. Roll ,,an 3. Agenda approval 4. Approval of 1/13/21 Regular Session meeting minutes 5. Approval of 2/07/20 Strategic Planning ad hoc committee meeting minutes 6. Audience comments 7. Administrator's report a. SunTrust office space update b. Maintenance grading of Clam Pass update c. Projects summary d. January financial report Committee reports a. Clam Bay b. Landscape &Safety i. Sidewalk project update ii. License plate readers (LPR's) c. Water Management d. Budget Chairman's Report a. Candidates Forum — Feb. 11 b. USACE Feasibility Study update Pelican Bay Services Division Board Regular Session February 10, 2021 c. PBSD website update d. *Long-term financing e. One-way communications 10. Old business 11. New business 12. Adjournment ROLL CALL Mr. Cravens was absent and a quorum was established Mr. Fogg introduced Mr. Michael Rodbwg and Mr. John Cullen who are candidates in the 2021 PBSD Board election. APPRO Ms. McLaughlin motioned, Mr. Streckenbein seconded to approve the agenda as presented. The motion carried unanimouslv. VAL OF O1/13/2021 REGULAR SESSION MEETING MINUTES Ms. McLaughlin motioned, Mr. Streckenbein seconded to approve the 01/13/2021 regular session meeting minutes as presented. The motion carried unanimously. APPROVAL OF 02/07/2020 STRATEGIC PLANNING AD HOC COMMITTEE Ms. McLaughlin motioned, Dr. Chicurel seconded to approve the 02/07/2020 Strategic Planning ad hoc committee meeting minutes as presented. The motion carried unanimously. AUDIENCE COMMENTS None ADMINISTRATOR'SRFPORT SUNTRUST OFFICE SPACE UPDATE Mr. Dorr•ill 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) at its first meeting in March. The County's Real Property Division negotiated an "early out" provision after three years which has been included in the draft lease agreement. A sub -lease agreement has been provided to the PBF for their signature. MAINTENANCE GRADING OF CLAM PASS UPDATE Mr. Donill reported that the final survey of Clam Pass has been completed. Ile reviewed the aerial surveys included in the agenda packet. He noted that at this time, it appears that a full dredge event in the Spring will not be necessary. Mr. Dorrill also reported that the December project resulted 2 Pelican Bay Services Division Board Regular Session February 10, 2021 in 39% of the excess sand being placed on the upland beach (PBF South Beach), for which the PBF has been invoiced (funds will be returned to the TDC). PROJECTS SUMMARY Mr. Dorrill reported that our Sidewalk Phase I project is on schedule. He noted that permits are expected to be received quickly, the procurement process began a week ago, and final plans have been reviewed with our engineers Agnoli, Barber & Brundage (ABB). Mr. Dorrill commented that when the design plans for the New Maintenance Facilities project are 60% complete, he will provide them to the board. He informed the board that there is no drainage system/water management on the Watergate Way site, and that the PUD/ PBSD project will need to include drainage site improvements, including increasing the overall elevation (resulting in an increase of about two feet to the overall height of the new buildings). Our working estimate for this project did not include the cost of these improvements. Mr. DoiTill also noted that the road into the site may need improvements, and he will explore cost -sharing with The Club Pelican Bay. He reported that our engineers have suggested that there would be a cost saving in demolishing all the existing buildings on the site at one time, and renting a temporary mobile trailer for our needs during the construction phase of the project. Davidson Engineering provides weekly updates to the PBF on this project. Mr. Fogg commented that he has had a preliminary discussion with Mr. Dave Mangan, General Manager of the Club Pelican Bay, on the future improvement of the road, and that this issue would be addressed after the construction has been completed. JANUARY FINANCIAL STATEMENTS Mr. Dorrill reviewed the January financial statements and highlighted several items including a current PBSD cash balance of approximately $13.4 million, and that 89% of our budgeted revenue has been received in the first four months of FY2021. COMMITTEE REPORTS CLAM BAY COMMITTEE Ms. O'Brien provided her February 2021 Clam Bay update in the agenda packet. She thanked everyone who was involved in the December Clam Pass maintenance project. Highlights from her report included, (1) Clam Bay January tidal ratios at markers 4 and 14 are approaching .8 and look excellent, and (2) the October/November/December 2020 water quality results have been received; copper results look good with only 7% of results out of compliance for the year. LANDSCAPE &SAFETY COMMITTEE Dr. Chicurel provided the following updates, included in his "L&S Committee Report," which was provided in the agenda packet. 1. Sidewalk project updates: Construction bids for Phase I should go out mid -February. Plans are 75% completed for Phase II. A new arborist is on board to evaluate the project and the 2000 trees the plan impacts. The two-phase structure of the project ensures the quickest way forward to minimize delays. Funding for Phase I is in hand while Phase II will require a loan option. 2. Seagate & Vanderbilt Beach Roads: Mr. Coleman prepared a presentation that illustrates that the sidewalks on Seagate & Vanderbilt Beach Roads are in the County right-of-way and are the responsibility of Collier County and not the PBSD. Seagate Dr. and Vanderbilt Beach Rd. are outside of the Pelican Bay district boundaries and are excluded from our sidewalk project. c Pelican Bay Services Division Board Regular Session February 10, 2021 3. Traffic studies (San Marino Crosswalk & Hammock Oak -Pelican Bay Blvd. intersection): We are waiting for official reports. 4. Anti -speeding strategies: Cpl. McGilvrey (CCSO) presented methods at our disposal to help mitigate speeding including (a) speed trailers, (b) unmanned vehicles, (c) "stealth stat" device, and (d) CCSO in person presence. Dr. Chicurel will look into what the procedure would be to request the lowering of speed limits in Pelican Bay. 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 US41 to inhibit left turns exiting Pelican Bay onto US 41 from Gulf Park Drive. 6. The consensus of the committee is to recommend to the full board that we not pursue implementation of license plate readers in Pelican Bay at this time. 7. The L&S Committee Chairman presented materials illustrating the need to mitigate grass clippings in Oakmont Lake and the need to carefully plan the replacement of the current PBF sidewalk that circles half the lake. A working group made up PBSD staff, PBF staff, and the L&S Committee Chairman will explore the requirements of this project. SIDEWALK PROJECT UPDATE Mr. Dorrill commented that his research shows that the legal description of the Pelican Bay PUD and PBSD does not include Seagate Dr. and Vanderbilt Beach Rd. He suggested that the public could be informed that our sidewalk excludes these two roads in a PBF e-blast. Ms. O'Brien commented that in the past, the PBSD has installed and maintained bollard lights on Vanderbilt Beach Rd. as well as installed pine straw on this road. Mr. Dorrill commented that many years ago the PBSD obtained an ROW permit from the County which allowed us to install and maintain these bollard lights. Mr. Dorrill reported that he spoke with the Marketplace management, who informed him that they are not interested in the PBSD maintaining the US41 ROW along their property. After researching the landscaping in the ROW on Vanderbilt Beach Rd. along the Marketplace property, an additional discussion with the Marketplace will occur to discuss possible PBSD landscape maintenance in this area. WATER MANAGEMENT COMMITTEE Ms. McLaughlin reported that the Water Management Committee met on Feb. 1. Highlights of committee discussion included the following. 1. The committee discussed three alternative methods of lake bank restoration for Lake 4-1. Ms. McLaughlin noted that the best case for scheduling the construction of the project would be Nov. 2021 —Apr. 2022, as the project needs to be completed in the dry season. She suggested that we need a recommendation from ABB on which of the three alternative methods is their preferred solution. 2. Ms. McLaughlin reported that staff is researching past board discussion on the issue of the PBSD assuming responsibility for all of the lakes in Pelican Bay. 3. The committee discussed lake bank restoration prioritization criteria. 4. The PBSD has received a copy of an engineer's lake bank analysis of the Community Center lake, prepared for the PBF. This report will be discussed at the next committee meeting. Ms. McLaughlin commented on her recent observations of the Community Park Lake. The lake bank has a steep drop-off and park picnic tables are located fairly close to the lake. She urged Pelican Bay Services Division Board Regular Session February 10,2021 board members to take a look at this lake. Mr. Fogg agreed that this lake on slope is pretty bad. Mr. Fogg also noted that the cost estimates included in the engineer's report on the Community Center Lake were quite different than our engineer's estimates for lake bank restoration projects. BUDGET COMMITTEE Mr. Fogg reported on the January Budget Committee meeting. Highlights of committee discussion included the following. 1. The committee looked at the FY2021 forecast, which looks to be on track and slightly under budget. 2. The committee took an early look at FY2022. In Operations, we will need to make up for an unusually large carryforward in FY2021. OMB's FY2022 budget guidance is not available at this time. In Capital Funds, there are few projects which will require funding outside of our financing program. A provision for debt service will begin in FY2022. 3. The cost of Phase I of our sidewalk project may be higher than the engineer's estimated cost. 4. The committee looked at the possible use of contracted landscape services for the US41 berm. It was the consensus of the committee not to pursue this further because (a) outsourcing these services would provide no cost savings and (b) the quality of work would likely be jeopardized. 5. By committee consensus it was agreed to leave the current assessment methodology unchanged. The committee discussed (a) origins of the 5.75/acre ERU assessed to commercial properties, (b) anomalies, and (c) lack of generally accepted alternatives. ASSESSMENT METHODOLOGY Mr. Hoppensteadt, PBF President, gave a brief history relating to the preferential treatment of assigning 1.0/acre ERU's to the golf course. At the time of the original development of Pelican Bay, the South Florida Water Management District considered the golf course as pervious land and an integral part of the PB stormwater management system. Mr. Swider commented that the golf course is being assessed as an undeveloped property, which it clearly is not. Mr. Fogg noted that the Club Pelican Bay pays a higher assessment than any other commercial property. Mr. Weir commented that the golf course benefits the entire community; there is value in open space and visibility to many residents. Board consensus was to leave our current assessment methodology unchanged. Mr. Swider was not in agreement. Ms. O'Brien commented that she accepts the committee's recommendation, but that she has not had adequate time to do homework on this issue. CHAIRMAN'S REPORT CANDIDATES FORUM Dr. Gandolfo reported that the PBF is hosting the PBSD Candidates Forum on Feb. 11 at 4:00 p.m., via Zoom. He will make some introductory comments and Ms. Pat Florestano will then take over as moderator. Each candidate will introduce themselves and provide an opening statement. The remainder of the session will be Q&A. Mr. Fogg commented that ballots are due back to the Clerk of Courts by March 5, and the newly elected board members will be seated at the first PBSD Board meeting in April. USACE FEASIBILITY STUDY UPDATE Mr. Fogg reported on the recent update on the U.S. Army Corps of Engineers (USACE) Coastal Storm Risk Management Feasibility Study; Ms. O'Brien participated and represented Pelican Bay at 5 Pelican Bay Services Division Board Regular Session February 10,2021 the meeting. Mr. Fogg provided a document entitled, "ACOE Beach Reinforcement Project— Pelican Bay Impact" to the board, which was added to the record. The document provided a summary of discussion points including the following. 1. The project is based on an eight -foot surge; models project this level of surge would reach the east side of the berm. 2. USACE only considered the direct impact of surge. No consideration of impact on Clam Bay as an integral part of PB storm water management system and possible resultant flooding was considered. 3. Clam Bay is viewed as an expendable break against surge and does not qualify for ACOE funding. 4. Only 33 unidentified units in PB are eligible for secondary reinforcement. 5. No study has been done on the impact to PB beaches and Clam Pass of extending beach berms north and south of Pelican Bay. 6. There is no recognition of the County's commitment to protect Clam Bay/Clam Pass as a nature preservation area. Mr•. Fogg's conclusions included the following. 1. The project needs to progress as there is a larger benefit to the County. 2. We need to pressure USACE to study the impact of proposed north and south beach extensions. Any comments to USACE must be communicated to them prior to April 2021, 3. Based on the current USACE plan, we may need to work with the PBF to develop our own plan to reinforce PB from storm surge (possibly greater than 8 feet). The plan may include increasing berm height, extending the berm north and south, and/or reinforcing PB beaches via piggy -backing the USACE/County project. This is a good topic for the joint PBSD/PBF meeting. Ms. O'Brien commented that the USACE timeline is short, and that our concerns need to be communicated to the USACE as soon as possible. She suggested that our consultants do some research and provide an appropriate game plan if the PBSD and PBF were to develop our own plan. Mr. Hoppensteadt commented that our Coastal Engineer Dr. Dabees will provide follow up comments to this USACE meeting at our joint PBSD/PBF meeting. Mr. Hoppensteadt also commented that he will have a discussion with Mr. Dorrill and Dr. Dabees on this issue as soon as possible. PBSD WEBSITE UPDATE Mr. Fogg provided a document entitled "Web -Site" to the board, which was added to the record. He provided the following updates on our webpage contained within the County website. 1. Our webpage is ADA compliant. A recent settlement agreement and related executive summary to settle an ADA violation lawsuit against the County were included in the agenda packet. 2. The County appears to be uncomfortable with us maintaining an externally hosted website that is not under their control. 3. An additional stand-alone website would be costly to set up and maintain. 4. The benefits of an additional website are unclear. Staff receives very few requests for documentation not on the County website. Requests for documents made to staff are provided in a timely manner. 6 Pelican Bay Services Division Board Regular Session February 10,2021 5. We have the option to spruce up our webpage on the County site, which may cost up to $10,000; however, this would not provide any access to additional documentation. Ms. O'Brien commented that our webpage on the County website is inadequate. She noted that the October and November board agenda materials are missing from the Clerk's website, and in some cases the documents listed on this site have incorrect backup materials associated to them. Ms. McLaughlin and Mr. Griffith agreed with Ms. O'Brien and expressed a preference for an external PBSD website. Mr. Dorill commented that the Clerk of Courts is responsible for maintaining records and minutes; signed board minutes are not posted on the Clerk's website until the BCC has approved them. He requested that board members let staff know of any missing items or items needing corrections, so that we can forward the information to the Clerk's staff. By consensus, the board agreed that staff will attempt to make improvements to our webpage on the County website, and that no additional funds will be spent on the webpage or an external website. LONG-TERM FINANCING Mr. Fogg commented that an executive summary, to go in front of the BCC, included in the agenda packet, is a recommendation to approve a resolution authorizing the PBSD to borrow up to $10 million under the Florida Local Government Finance Commission's Pooled Commercial Paper Loan Program for the purpose of constructing various capital improvements. A revision of the "Fiscal Impact" section was distributed to the board and added to the record. Mr. Fogg noted that although the board had previously approved up to $8 million in financing, Mr. Isackson of the County Office of Management & Budget is recommending $10 million (at no additional cost to us). Mr. Fogg also commented that he continues to explore the possibility of converting our commercial paper financing into a 10-15 year fixed rate loan. Mr. Fogg reported that both the County's Procurement Division and the Clerk of Courts have confirmed that funds for any project must be "drawn down" and available in the project at the time that a contract is awarded. He also commented that based on discussion with staff, it would not be practical to break up Phase II of the sidewalk project. Dr. Chicurel agreed. Mr. Swider motioned, Mr. Damouni seconded to approve the executive summary on financing. The motion carried unanimously. ONE-WAY COMMUNICATIONS Mr. Fogg provided a document entitled "One Way Communications" to the board, which was added to the record. He commented that there are continuing concerns about utilization of one-way communications. These concerns were addressed by Assistant County Attorney Colleen Greene at a PBSD Board meeting about a year ago. Mr. Fogg suggested that the general rule (in light of Florida Sunshine laws) is that there should be no communication among board members outside of public meetings. As the Chair, Mr. Fogg recommends that we adopt the following procedures. 1. 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. 2. Requests for a 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. 7 Pelican Bay Services Division Board Regular Session February 10, 2021 3. Requests for a one-way communication will not be automatic; a board member wishing to request a one-way should discuss the reason for it with staff and reach consensus that the need for it and the content of it meets the one-way criteria. Ms. O'Brien commented that the Florida Attorney General says that one-way communications are permissible providing that they go through staff and that there is no two-way communication response. She questioned whether the CAO has weighed in on Mr. Fogg's recommendations. Ms. O'Brien commented that she has the right to send out one-way communications as a board member and does not support restricting this. Mr. Streckenbein commented that when the CAO met with the board last year, they advised board members not to engage in one-way communications. We have a forum for expressing our opinions. He also suggested that any issues should be discussed at the committee level, prior to a discussion at the board level. Mr. Donill commented that the CAO's opinion is that board members refrain from participating in communication, especially in advance of a vote at a future meeting. He also suggested an alternative of listing an item entitled "Miscellaneous Correspondence" on the board meeting agenda index, where one-way communications could be included. COMMUNICATIONS FROM STAFF TO THE BOARD Ms. O'Brien suggested that staff provides real-time updates, via e-mail, to the board. Ms. McLaughlin agreed and commented that more information should be provided to the board. Mr. Dorrill commented that there is a clear delineation between staff meetings and board members. He stated the we do a good job of keeping the board informed and the PBSD Board Chair is updated on a regular basis. Ms. O'Brien commented that the Administrator's scope of work does not discuss his sharing information with only the PBSD Board Chair. Mr. Weir suggested that as information is communicated to the board, it must be discussed in public. The meeting was ad,iourned at 3:29 Michael Fogg, Minutes approved f