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PBSD MSTBU Minutes 11/08/2023PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION NOVEMBER 8, 2023 The Pelican Bay Services Division Board met on Wednesday, November 8, 2023, 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 (absent) Joe Chicurel, Acting Chair Jack Cullen Jacob Damouni Mark Ferland (absent) Pelican Bay Services Division Staff Neil Dorrill, Administrator Dawn Brewer, Ops. Support Spec. II Chad Coleman, Ops. Manager Darren Duprey, Supervisor — Field I Also Present Mohamed Dabees, Humiston & Moore Peter Griffith Susan Hamilton Denise McLaughlin Michael Rodburg Beth Stein (absent) Rick Swider Dave Greenfield, Supervisor - Pield II Karin Herrmann, Project Manager I Lisa Jacob, Project Manager II Barbara Shea, Admin. Support Spec. II Tony D'rrrico, Pelican Bay Foundation APPROVED AGENDA (ASAMENDED) 1. Pledge of Allegiance 2. Roll Call 3. Agenda approval 4. Approval of 10/11/23 Regular Session meeting minutes 5. Audience comments 6. Administrator's report a. Capital Projects updates i. Sidewalk Phase II status ii. Operations Facility bid b. October 31 Financial Report 7. Committee Reports a. Clam Bay i. *Approval of the Clam Pass maintenance dredging project 8. Chairman's report 9. Old Business 10. New Business/Miscellaneous Correspondence a. Discussion of the PBF and PBPOA (add -on) 11. Adjournment Pelican Bay Services Division Board Regular Session November 8, 2023 llR. CHICUREL ACTED AS CHAIR FOR THIS MEETING ROLL CALL Mr. Fogg, Mr. Ferland, and Ms. Stein were absent and a quorum was established. Ms. Hamilton motioned, Mr. Damouni seconded to approve the agenda as amended with the addition of item #10a. The motion carried unanimously. Ms. Hamilton motioned, Dr. Chicurel seconded to approve the 10/11/2023 reeular session meeting minutes as amended. The motion carried unanimously. AUDIENCE COMMENTS Ms. Susan O'Brien thanked staff for the improvement in the pace and quality of the sidewalk project. She commented on the 2022 Clam Bay Water Quality Report which included, (1) ESA completed the WQ Reports from 2015-2020, Stantec completed the 2021 WQ Report, and a new consultant completed the 2022 WQ Report, (2) she has provided specific concerns on the report to PBSD staff, (3) when using conductivity instead of specific conductivity to measure total phosphorus and total nitrogen, you run the risk of getting up to 20% additional exceedances, and (4) the report provided a lot of negative comments without providing any background. She requested an update from staff on her comments on this report and suggested that we can improve going forward. Ms. Cindy Polke commented that she saw five workers raking algae off the surface of Oakmont Lake and other workers spraying Roundup along the Oakmont pathway. She suggested that natural chlorophyll or some other "natural cure" would be a better choice to combat algae. She also suggested that we look into hiring another entity with "water quality expertise" to improve the water quality of our lakes. Ms. Polke commented that as a kayaker, she has observed the decline in the water level of Clam Pass. She noted that both Hurricane Irma and Hurricane Ian increased the amount of sand in Clam Bay and suggested that sand is dredged from "deeper areas" in Clam Bay. Ms. Chris Siniberg commented on her recent kayaking in Clam Bay from the North Boardwalk to Clam Pass, and observed 45-50 pelicans roosting in the mangroves as well as blue herons between Marker 12 & 14. She shared Ms. Polke's concerns on the declining water levels in Clam Bay. ADMINISTRATOR'S RFPORT SIDEWALK PHASE II UPDATE Mr. Dorrill provided the following updates on our Sidewalk Phase II Project. • Quality Enterprises (QE) has increased their work pace exponentially over the last two months. A QE family member is now directly overseeing the work and staffing level. • Laid sidewalk is now at 70% completion (and confirmed by our inspection engineer). • No irregularities are being observed in the finished quality. • The concrete strength exceeds specifications. • So far, $3.1 million has been earned and paid for. • QE is in the process of "catching up" with repair & replacement of irrigation, and sod replacement. 2 Pelican Bay Services Division Board Regular Session November 8, 2023 Mr. Griffith commented on the replanting of landscape materials by PBSD, at the corner of Ridgewood Drive & PB Blvd., as well as other areas, which is the responsibility of QE. Mr. Dorrill commented that he will have staff follow up on these concerns. The independent inspection engineer's notes should reflect the specific areas where QE remediation is required, per their contract. Mr. Griffith thanked staff for all of their remediation efforts. Mr. Coleman commented that there is a warranty for all of the project work for one year after the project's completion. He noted that staff continuously addresses all resident requests and concerns. Mr. Coleman noted that Collier County has not begun the process of inspecting and accepting completed concrete sections. Mr. Rick Lillie, President of the Crescent Homeowners Assoc., commented on the significant damage to Crescent property by QE. He noted that QE's removal of the existing pathway created an 18-foot wide "swath of destruction" which was overly wide, causing severe damage to the Crescent's well -established arboricola hedge. Mr. Lillie commented that QE's work resulted in broken irrigation pipes, initially causing high water usage (to be billed to their community) and now there has been no irrigation water available to their landscaping for several weeks, as the broken pipes have not been replaced. He also commented on the rude behavior of QE staff towards Crescent board members. Mr. Lillie requested a commitment from the PBSD Board that Crescent property would be restored to its original state. Dr. Chicurel assured Mr. Lillie that we will guarantee that the restoration of the Crescent's property and landscaping will be "equal to or better" than its original condition. He noted that the board fully backs our staff and that the staff and board are "on your side." Mr. Dorrill commented that staff can compel QE to hand -water shrubbery via a work directive. OPERATIONS FACILITY BID Mr. Dorrill provided the following updates on our Operations Facility Replacement Project. • The project's bid award and project approval by the Board of County Commissioners has been tentatively scheduled for the Dec. 12 BCC meeting. • The contractor, Heatherwood Construction, has provided all the necessary proof of insurance for the project. • A portable trailer has been set up on 6200 Watergate Way (project site) for our operations staff to work out of. • A County Facilities Dept. Project Manager will be assigned to this project (a County requirement for projects with vertical construction). • The engineer's estimate of the time frame for construction is 8 — 10 months. • The PBSD will reach out to neighboring associations, including Hyde Park, Chateaumere, and Georgetown, to inform them of the project's start time and what can be expected. Mr. Trent Waterhouse suggested that our contractor is alerted to the expensive summit broadband equipment and fiber located on this site. OCTOBER 31 FINANCIAL REPORT Mr. Donill reviewed the preliminary October 31 year-end financial statements. There were no highlighted "out of the ordinary" discussion points as the financial statements reflect just one month into the new fiscal year. In response to a question by Ms. McLaughlin, Mr. Dorrill noted that on the back of the County's property bill the PBSD is correctly described as the "Pelican Bay Municipal Service Taxing & Benefit Unit." Pelican Bay Services Division Board Regular Session November 8, 2023 Ms. Jill Brader questioned why our PBSD purchase orders for landscape materials for the berm have not been approved by the County. She commnented on the noise, health issues, and safety issues resulting from the increase in traffic on US 41 in recent years. Ms. Brader commented on 13 tree stumps on the berm; these trees were never replaced. Mr. Dorrill commented that the County uses annual contracts for the purchase of horticultural plants. Staff has now sent out bid requests to vendors a second time, as many of the vendors were unable to provide bids for all of the plants (some not available in specific sizes) on the first request. Mr. Dorrill commented that subsequent to Hurricane Irma, the PBSD and PBF jointly completed a large re -landscaping project on the berm. He noted that maintaining thick landscaping on the berm is a priority. Mr. Coleman commented that over $500,000 was spent on the post -Irma project. Mr. Griffith commented that the PBF owns the berm property and confirmed the completion of the post -Irma re -landscaping project (2018). CLAM BAY COMMITTEE REPORT Ms. McLaughlin commented that at the October 30 Clam Bay Committee meeting, the committee discussed the proposal for a Clam Pass maintenance dredging project. Dr. Mohamed Dabees, Coastal Engineer with Humiston & Moore, provided an update on Clam Pass conditions and discussed his recommendation for a maintenance dredge of Clam Pass as follows. • Nov. 6 aerial photos of Clam Pass were provided. Current conditions of the inlet are not critical, but there are signs of instability. There has been an increase in sand buildup in Section "B" and in the area of the inlet's mouth. The mouth of the inlet is slowly pushing northward. • The public beach on the south side of the inlet looks stable, while there is a slowly increasing escarpment on the north side, near the South Beach facility. • After discussing options, the Clam Bay Committee approved the construction plans and suggested that we move forward with a maintenance dredge. The plans (included in the agenda packet) require board approval, in order for the project to be put out to bid. • Construction plans, provided to the board, showed the areas to be dredged as well as the areas which will receive sand. The new modification to our dredging permit will allow us to place sand on the dune (between the Pass and Marker 36) after the template is filled on the north side of the Pass. • It is hoped that this project can be completed by mid-Apri12024, ahead of turtle nesting season. This is not an emergency dredge. • A bathymetric survey of Clam Pass is scheduled to be completed this month. • Depending on the contractor, the project may be completed in 2 — 3 weeks. In the project's specifications, we will identify periods of time to complete the project which would result in the least disruption to residents/guests. The specifications will also specify that the project is to be completed with a hydraulic dredge. Mr. Dorrill commented that winter weather often affects the mobilization of dredging projects in Southwest Florida as winter storms sometimes create seas greater than two feet, which would adversely affect the launching of a mini -dredge. Ms. Cindy Polke asked for an explanation as to why this project will not include removing all of the excess sand (from Hurricanes Irma and Ian) that exists further back in Clam Bay. Dr. Dabees commented that Clam Bay is a NRPA (Natural Resource Protection Area) and that our permit only authorizes us to dredge within a certain template. This permit is due for renewal in a few years. He noted that dredging is a last resort. 0 Pelican Bay Services Division Board Regular Session November 8, 2023 Mr. Griffith motioned, Ms. McLaughlin seconded to approve a recommendation to the TDC and BCC for a Clam Pass maintenance dredging project. The motion carried unanimously. 11 Ms. McLaughlin commented that the Clam Bay Committee reviewed the recently issued 2022 Clam Bay Water Quality Report, which is a requirement of the Clam Bay Management Plan. Monthly data on nitrogen, phosphorus, copper, dissolved oxygen, and chlorophyll -a is collected by the County's Pollution Control Dept., and then uploaded to the FDEP's database. She commented that the report suggested that our February 2022 dredging project and September hurricane were major disruptions, increased nutrient loads, and likely caused increased exceedances of our analytes. Ms. McLaughlin also commented that fertilizer impacts water quality. Ms. Susan O'Brien suggested that this water quality report does not provide background inforrration, showing the improving trends in the phosphorus and copper data over recent years. She suggested this report includes inaccuracies, is inconsistent with previous reports, and needs context with prior years' data. Ms. O'Brien suggested that conductivity issues have a huge impact on results. She questioned, (1) Will there be revisions to this report, (2) Can we get a consultant with water quality expertise to prepare this report next year? Mr. Rodburg commented that our consultant who prepared the report made the decision to present the water quality data in a neutral way. He suggested that we will know a lot more after another year's data is reviewed. Mr. Rodburg agreed with our consultant in that 2022 results were an anomaly, due to the adverse effects of the February dredge and September hurricane. Mr. Coleman commented that our Environmental Consultant, Mr. Jeremy Sterk, acknowledged that there will be some revisions made to the report. CHAIRMAN'S REPORT Dr. Chicurel distributed a document entitled, "What is the Pelican Bay Services Division (PBSD)?" which was added to the record. This document provided a concise definition of the PBSD which included (1) the organization and makeup of the PBSD Advisory Board, (2) how the PBSD was established, (3) a description of the borders of the PBSD taxing district, and (4) a summary of PBSD responsibilities, including establishing annual budgets. Dr. Chicurel worked with Ms. Hermann to prepare this document. Dr. Chicurel commented that this document will be included in future PBF editions of "Today in the Bay" and copies of the document will be made available at future PBSD board meetings. Dr. Chicurel thanked staff for the new flashing -light signs at the crosswalks on Pelican Bay Blvd. Mr. Coleman commented that these signs were a recommendation by the Sheriffs Dept. Dr. Chicurel directed our Water Management Committee to look into the possibility of (1) installing littorals in our lakes (for controlling algae), and (2) hiring an outside contractor for algae control in our lakes. Mr. Rodburg commented that the main role of the PBSD is to ensure that our stormwater management system is working. He acknowledged that the committee has not focused on water quality and will discuss this at the next meeting. Mr. Rodburg commented that ownership issues and the lack of enforcement over landscape maintenance workers limit the abilities of the PBSD to control lake water quality. DISCUSSION OF TIIE PBPOA AND PBF (ADD -OM 5 Pelican Bay Services Division Board Regular Session November 8, 2023 Mr. Griffith reported that the PBPOA has asked him to discuss the definition, the responsibilities, and current activities of the PBSD at the Dec. 14 PBPOA meeting. He noted that over the last six months, he has seen an enormous increase in resident involvement in the PBF Board and the PBPOA. Mr. Dorrill commented that per the Assistant County Attorney, two or more PBSD Board members may attend a public meeting but may not express any voting intent for an item that may come before this board. If a board member were to express any voting intent, this would be a violation of Florida Sunshine Law. Dr. Chicurel noted that PBSD board members may not communicate with each other outside of published meetings. Mr. Griffith suggested that it would be beneficial for the PBSD to work with PBF's Strategic Planning Committee, which has become quite active. Mutual topics of interest may include landscaping as well as PBSD vs. PBF separation of responsibilities. Mr. Griffith commented that several years ago, a few joint PBSD/PBF meetings were scheduled and very productive. Mr. Mike Ruffolo, PBF Board President, commented that he had attended previous joint PBSD/PBF meetings and suggested that future joint meetings are scheduled. He noted that a lot of discussion by the PBF Strategic Planning Committee affects the PBSD. The meetine was adiourned at 2:37 Fogg, Minutes approved as pres9rited OR L ] as amended ON �3 �J date 6