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PBSD MSTBU Minutes 12/08/2021PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION DECEMBER 8, 2021 The Pelican Bay Services Division Board met on Wednesday, December 8, 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 Jack Cullen Nick Fabregas Susan Hamilton Pelican Bay Services Division Staff Neil Donill, Administrator Chad Coleman, Ops. Manager Darren Duprey, Assoc. Project Mgr. Dave Mangan Denise McLaughlin Susan O'Brien Michael Rodburg (absent) Rick Swider Michael Weir Karin Herrmann, Operations Analyst (absent) Lisa Jacob, Project Manager William Mumm, Sr. Field Supervisor Barbara Shea, Administrative Assistant Also Present Colleen Greene, County Attorneys Office Mark English, PB Property Owners Assoc. Jim Hoppensteadt, Pelican Bay Foundation John Gandolfo, Pelican Bay Foundation Jeff Klatzkow, County Attorney's Office APPROVED AGENDA (AS PRESENTED) 1. Pledge of Allegiance 2. Roll Call 3. Agenda approval 4. Approval of 10/13/21 Regular Session meeting minutes 5. Audience comments 6. PBSD Board Roles and Responsibilities 7. Administrator's report a. Clam Pass dredging project update b. Sidewalk Phase 1 project update c. Sidewalk Phase 2 project update d. Maintenance Building project update e. Projects summary £ November financial report 8. Committee reports aI Ad Hoc Strategic Planning b. Clam Bay c. Landscape & Safety 9. Chairman's Report 10. Old business Pelican Bay Services Division Board Regular Session December 8, 2021 11. New business/Miscellaneous Correspondence a. NY Times Article "Let's Kill All the Leaf Blowers" (Denise McLaughlin) b. Miscellaneous correspondence (Susan O'Brien) 12. Adjournment ROLL CALL Mr. Rodburg was absent and a quorum was established. Ms. O'Brien motioned, Ms. McLaughlin seconded to approve the agenda as presented. The motion carried unanimously. Ms. Hamilton motioned, Dr. Chicurel seconded to approve the 10/13/2021 reeular session meetine minutes as amended. The motion carried unanimously. AUDIENCE COMMENTS None PBSD BOARD ROLES AND RESPONSIBILITIES Mr. Fogg introduced Mr. Jeff Klatzkow, County Attorney. Mr. Klatzkow provided an overview of the creation and history of the PBSD MSTBU. He noted that the PBSD has been treated almost like a special district. He stated that the purpose of the PBSD Board is to plan out major projects and recommend an annual budget to the Board of County Commissioners (BCC). Mr. Klatzkow commented that overseeing the day-to-day operations is the responsibility of the Administrator, working together with, and in conjunction with, the County Manager's Office. He noted that the BCC has always approved what the PBSD Board has asked, without change. This was followed by a question -and -answer session. Mr. Fogg commented that the PBSD Board is currently in the process of negotiating a financing method for our projects, and there is a difference of opinion on this issue with the County Manager's Office. Mr. Klatzkow commented that any issues can be resolved through the BCC, and suggested that if necessary, the PBSD Board can work closely with our district's commissioner who has strongly supported Pelican Bay. He noted that County Manager Isackson is an outstanding resource when it comes to financing with many years of finance experience. Mr. Klatzkow commented that if we choose to issue bonds for our financing needs, either the County or the PBSD may be legally obligated, depending on how the issuance is structured. Mr. Dorrill clarified that in the case of a bond issuance, the BCC would issue special revenue bonds and that the PBSD would pledge whatever portion of our non -ad valorem assessment was necessary to meet the debt service, and if a secondary pledge was required, it would default to general revenues of the County. Mr. Fogg commented that the current County organizational chart has changed from the past the FY2022 chart shows the PBSD Administrator reporting to a vacant Executive Director position who reports to a Deputy County Manager who reports to the County Manager). The PBSD ordinance states that the PBSD Administrator will report to the County Manager. Mr. Klatzkow commented that this change most likely is a result of Mr. Isackson's illness over recent months, and that he would 2 Pelican Bay Services Division Board Regular Session December 8, 2021 expect that when Mr. Isackson is back to work full-time, the PBSD Administrator will once again report directly to the County Manager. Mr. Fogg commented on the draft resolution entitled "A resolution of the BCC, setting forth the intended use for the new utility site located at 6200 Watergate Way," included in the agenda packet. He commented that the purpose of this resolution is to protect our investment (approximately $4 million) and legal interest in our new maintenance facility, which the PBSD needs to perform its services over the next 30 years. Mr. Klatzkow commented that the maintenance building and the respective land belongs to the County. However, the intent of the BCC is that the building and the land is for the PBSD's use. He noted that this draft resolution (prepared by Mr. Klatzkow) is the best way to give Pelican Bay residents some comfort. Mr. Fogg commented that he would like to get together with staff and Mr. Dorrill to formalize the resolution before the PBSD obtains BCC approval of the contract for the construction of the new building. Mr. Coleman asked the County Attorney to confirm for the record that County staff reports to the County Manager's Office. Mr. Klatzkow confirmed this. Mr. Coleman asked the County Attorney to confirm that the PBSD Administrator is contracted with the BCC. Mr. Klatzkow confirmed this. Ms. O'Brien added that the Administrator is contracted to serve the Pelican Bay community. Mr. Klatzkow commented that ultimately the PBSD Board decides who sits in the Administrator's seat. He commented that Mr. Dorrill has done an outstanding job for this community. Mr. Klatzkow noted that when Mr. Dorrill's contract expires, the PBSD Board can make a recommendation regarding the position. Mr. Klatzkow commented that the PBSD is part of County government and as such, is required to follow County policies. Ms. O'Brien commented that the Administrator and staff operate the day- to-day operations and the board makes policy decisions for the community. Mr. Coleman asked the County Attorney to confirm that projects and/or work programs included in the approved annual budget do not need to be re -approved by the board during the fiscal year. Mr. Klatzkow replied that at any time, the board can re -look at the budget, and make new recommendations to the BCC to approve. The PBSD Board controls the "big issues." Mr. Dorrill commented that Ms. Colleen Greene, County Attorney's Office, has been an immeasurable benefit to our staff and advisory boards in general. She is an excellent resource in regards to Sunshine Law issues and ethics. ADMINISTRATOR'SRFPORT CLAM PASS DREDGING PROJECT Mr. Dorrill commented that the Clam Pass Dredging project is under contract in the amount of $357,739.80. The pre -construction conference with TSI (the contractor) has been held. The vehicle - on -the -beach permits have been obtained. Mr. Dorrill commented that we will be awaiting the completion of the Pelican Bay Beach Renourishment project prior to scheduling the commencement date of the Clam Pass project. The earliest this project could commence is the third week of January. SIDEWALK PHASE 1 PROJECT Mr. Dorrill commented that the Sidewalk Phase 1 project is at substantial completion; no remaining construction work is needed. The final walk-through has not been scheduled. He noted that a total of 6,150 linear feet of new concrete sidewalk has been installed. Mr. Dorrill commented that Change Order #1 was previously approved. Change Order #2 is still under negotiation between the engineer and the contractor with respect to unit pricing of sod and additional concrete required for the bisecting of driveways. This change order will also include other miscellaneous credits and debits. 3 Pelican Bay Services Division Board Regular Session December 8, 2021 Mr. Dorrill commented that he will review this change order after Johnson Engineering makes a recommendation, after the Agnoli, Barber & Brundage engineers complete their review. Mr. Dorrill commented that the project went extremely well. He noted that a lot of work went into individual homeowner adjustments to accommodate bisecting driveways. Ms. O'Brien requested that Mr. Dorrill provide the board with an updated copy of where we are costwise on Phase 1. She suggested the cost of the project is significantly higher than expected. Mr. Dorrill disagreed. He commented that Change Order 42 will be the final reconciliation of the project. Ms. O'Brien commented that her most recent copy of Change Order #1 showed an additional cost of $56,000. Mr. Coleman commented that her copy of this change order is an estimate, and that a final number is still not available. Mr. Coleman commented that once we receive the bids back on our Sidewalk Phase 2 project, we will know what our financing needs will be. SIDEWALK PHASE 2 PROJECT Mr. Dorrill commented that the design engineer is making minor revisions to the invitation -to - bid package for Phase 2. The bid phase remains on schedule. Mr. Fogg commented on sections of pavement replaced on several streets in the City of Naples that were installed without bisecting driveways. Mr. Dorrill commented that he has done some research on these newly installed sidewalks. He noted that these new sidewalks are not compliant with ADA and state standards. We will build our new sidewalks according to code. Mr. Dorrill commented that our engineers have advised us that no variance mechanisms exist to these standards. Ms. O'Brien thanked Mr. Dorrill in advance for attending the December Presidents Council meeting and answering questions. MAINTENANCE BUILDING PROJECT Mr. Dorrill commented that bids for the new maintenance building project were opened on 11/23/21; nine bids were received. The lowest bid was submitted by RAM General Contracting & Development for $3,847,109.78. Bids are being evaluated by the County Procurement Division to ensure that all submitted bids are responsive and references are checked out. The final bid selection (lowest responsive bid) for the maintenance building project will come to the PBSD Board for recommendation prior to going to the BCC for final approval. The County Public Utilities Dept. will provide cost sharing of approximately $300,000 (for site work). Mr. Hoppensteadt, Pelican Bay Foundation President, commented that the final plans for this proj ect have already been approved. Ms. O'Brien thanked Mr. Hoppensteadt, Ms. Lisa Warren (PBF), and Mr. Mike Kitchen for their work on this project. They were instrumental in getting us what the PBSD wanted to build rather than what the County had planned. OAKMONT LAKE 44 RESTORATION PROJECT Mr. Dorrill commented that the Oakmont Lake restoration project will be put out to bid on Dec. 16 as part of the sealed -bid process. The pre -bid meeting is scheduled for the first week in January and the deadline to receive bids back is Jan. 26. BEACH RENOURISHMENT PROJECT Mr. Dorrill corrunented that the City of Naples portion of the County beach renourishment project has been completed, and the Vanderbilt Beach portion of the project is about to begin. Our Pelican Bay portion is third in line on the schedule. Beach renourishment construction will cease on Dec. 24 and restart on Jan. 6. We expect our portion to begin on Jan. 18. Pelican Bay Services Division Board Regular Session December 8, 2021 NOVEMBER FINANCIAL REPORT Mr. Doff ill reviewed the two -month financial statements and highlighted a current PBSD cash balance of approximately $12 million. AD HOC STRATEGIC PLANNING COMMITTEE Mr. Fogg summarized the discussions of the ad hoc Strategic Planning Committee held on Oct. 19. For each topic discussed, status/conclusion and next steps were summarized on a document included in the agenda packet. These topics included, (1) the creation of a permanent Strategic Planning Committee, (2) street lighting, (3) lake banks, (4) coastal resiliency, (5) Clam Bay dredging, (6) beach renourishment, (7) Administrator contingency plan, (9) independent taxing district, (9) temporary staffing/sub-contracting, (10) metrics, and (11) efficiency improvements. Mr. Fogg commented that there was a strong consensus of the committee that the full board should be involved in strategic planning issues and it was suggested that a workshop be scheduled once or twice each year to discuss strategic planning. He urged committee chairs to take on strategic planning issues that pertain to their own committees. Highlights of his discussion included the following. • Street lighting is not a current concern and can be looked at more closely in a few years after our other current large projects are completed. Mr. Coleman commented that light fixtures are currently replaced as needed. Dr. Chicurel commented that the Landscape & Safety Committee, over a period of years, will start to evaluate what our future street lighting needs will be. • The PBSD Board may need to take on some responsibility for coastal resiliency. • The Administrator's contract ends in 2023. The board may look at continuing with a contracted Administrator or changing to a full-time County employee. Mr. Coleman commented that the County has hired a consultant to review all County positions and salaries. The review is expected to be completed in December, followed by a report to the BCC in January. Ms. O'Brien suggested that we need to start the process of tweaking the job description of the Administrator and that a board member needs to meet with the County HR Division to discuss this issue. She suggested that we need to develop a job description, work with FIR to obtain an appropriate salary level, and consider pursuing a national job search for a candidate. Ms. O'Brien also suggested that if we did not attract an appropriate candidate then we could pursue a contracted Administrator. • Committees shall provide ideas for appropriate metrics to be included in the County budget document for the PBSD. • The ad hoc Strategic Planning Committee will continue to exist, but will be resurrected only as needed in the future. CLAM BAY COMMITTEE Ms. O'Brien provided her December 2021 Clam Bay update in the agenda packet. She highlighted the following issues in her report. • We have had some areas of stressed mangroves, and in the most recent update only one area continues to look stressed. We are looking at the possibility of adding hand -dug channels to this area of Clam Bay and this will be a topic at the January Clam Bay Committee meeting. • Ms. Jacob recently learned that the County is going to be doing some exotic removal along the edge of Clam Bay, including scaevola removal. We have asked for an update (from the County) on which areas this work will occur. Apparently, this work will be completed right 5 Pelican Bay Services Division Board Regular Session December 8, 2021 after the beach renourishment project is completed. This issue will be discussed at the January committee meeting. We are still waiting on the final osprey nest platform to be rebuilt. We are asking for the Water Management Committee to weigh in on and bring a recommendation to the board, on whether we want to continue to do any water quality reporting on the upland pond water quality. In mid -October, the most recent water quality report, prepared by our consultant, was provided to the board. LANDSCAPE &SAFETY COMMITTEE In the agenda packet, Dr. Chicurel provided (1) a Sidewalk Replacement Project update, (2) a copy of the sidewalk project article included in the most recent PBF e-blast, (3) a copy of the sidewalk project article included in the early -December PBF Post, and (4) an article entitled "Introduction to the ADA." Dr. Chicurel provided a slide show of pre -project and post -project sidewalk photos. He thanked staff for all of their hard work. Ms. O'Brien thanked Dr. Chicurel for his hard work on this project. Ms. McLaughlin mentioned three very complimentary phone calls from residents on this project. Mr. Coleman reported that the County Water Dept. is replacing some old valves in the potable water system along Pelican Bay Blvd. The PBSD has met with Water Dept. staff, who have assured us that their work will be completed prior to the start of our sidewalk project. If any of the asphalt or concrete sidewalk sections need to be removed as part of their project, the County will be responsible to repair these sections back to the way they were. Mr. Coleman also reported that the Water Dept. has installed a potable water testing station at the end of Crayton Rd. Ms. O'Brien commented that as the entity responsible for the interconnecting drainage pipes in Pelican Bay (this responsibility was recently transferred from the County to the PBSD), the PBSD will be working on developing an inventory of these pipes, assessing the condition of the pipes, and assessing the future financial implications to maintain and replace them. Mr. Coleman reported that the County will be completing a gravity sewer project on Pelican Bay Blvd. in the March/April timeframe. The County has been in communication with the PBF, who will share the dates and timelines of this project when they become available. CHAIRMAN'S REPORT Mr. Fogg thanked staff for their work this year and recognized their professionalism. He commented that the PBSD has had a very successful year. OLD BUSINESS Mr. Weir asked for an update on the plans for the replacement of PBF paths, in conjunction with our Oakmont Lake restoration project. Ms. McLaughlin commented that the PBF paths are not part of the PBSD's project's bid specifications. Mr. Dorrill commented that the PBF will retain the same engineer as the PBSD and will have a parallel project, separately contracted by the PBF. Mr. Hoppensteadt commented that once the County selects the contractor for their project, then the PBF will use the same contractor for the PBF work. He noted that the PBF pathways will be asphalt and five -feet wide. NEW BUSINESS/MISCELLANEOUS CORRESPONDENCE NY TIMES ARTICLE "LET'S KILL ALL THE LEAF BLOWERS Pelican Bay Services Division Board Regular Session December 8, 2021 Ms. McLaughlin commented that the article she included in the agenda packet is in keeping with her long-term outlook for less noise in our community. MISCELLANEOUS CORRESPONDENCE (SUSAN O'BRIEN) Ms. O'Brien questioned when the board is going to discuss the pedestrian light at the beach walk crosswalk and approve this project. She noted that at the October board meeting it was agreed that this project would be discussed at the November board meeting (which was canceled). Ms. O'Brien commented that in the recent past, the board had agreed to discontinue one-way communications and that instead, any board member can submit documents to be included in the miscellaneous correspondence section of an agenda packet. She noted that not all of her submitted documents were included in the December board packet. She requested that in the future, all documents submitted from board members go into the packet. Mr. Fogg apologized if all of her submitted documents were not included in the packet. The meetine was adiourned at 2:53 Fogg, Minutes approved �] es n�'ted OR L--i as amended ONL L idate