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PBSD MSTBU Minutes 04/09/2025PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION APRIL 9, 2025 The Pelican Bay Services Division Board met on Wednesday, April 9, 2025, at 1:30 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 Jacob Damouni Nick Fabregas (absent) Peter Griffith Brad Hildebrandt Pelican Bay Services Division Staff Neil Dorrill, Administrator Dawn Brewer, Ops. Support Spec. II Chad Coleman, Deputy Director Darren Duprey, Supervisor — Field I Also Present Rich Alexander, Pelican Bay Foundation Mohamed Dabees, Humiston & Moore Bob Lufkin Cindy Polke Michael Rodburg Greg Stone (absent) Rick Swider Michael Weir Dave Greenfield, Supervisor -Field II Karin Herrmann, Project Manager I Lisa Jacob, Project Manager II Barbara Shea, Admin. Support Spec. II Tony D'Enico, Pelican Bay Foundation Mike Ruffolo, Pelican Bay Foundation APPROVED AGENDA (AS PRESENTED) 1. Pledge of Allegiance 2. Roll Call 3. Agenda approval 4. Approval of 3/12/25 Regular Session meeting minutes 5. Audience comments 6. *Election of Chair and Vice Chair 7. Administrator's Report a. PBSD election policy changes b. Update on the SFWMD meeting C. Update on the USACE meeting d. Review of the March 31 financials Committee Reports a. Landscape &Safety i. *Crosswalk replacement pilot program ii. *Pedestrian activated flashing crosswalk lights (engineering, design, and permitting) Budget i. *Preliminary approval of the FY26 budget Chairman's Report a. Committee assignments Pelican Bay Services Division Board Regular Session April 9, 2025 10, Old Business 11. New Business/Miscellaneous Correspondence 12. Adjournment ROLL CALL Mr. Fabregas and Mr. Stone were absent and a quorum was established. Mr. Lufkin motioned, Mr. Damouni seconded to approve the agenda as presented. The motion carried unanimously. AL IMr. Rodburg motioned, Mr. Damouni seconded to approve the 3/12/2025I regular session meeting minutes as presented. The motion carried unanimously. AUDIENCE COMMENTS None ELECTION OF CHAIR AND VICE CHAIR Ms. Polke nominated Mr. Griffith to serve as Chair of the PBSD Board and suggested that he has had many years of experience on this board and would bring fresh ideas to the board. She commented that she attended last week's Budget Committee meeting to get acquainted with the PBSD budget. Ms. Polke suggested that she was treated rudely by Mr. Fogg when she asked questions at the meeting. She noted that he commented that she was not yet a board member, while Ms. Shea indicated that her term on the board began on April 1. Ms. Polke commented that Mr. Fogg treated her with hostility and that other board members witnessed this. Mr. Rodburg commented that this board has a lot of work to be done and that no one works harder than Mr. Fogg; he has more than earned another term. He noted that the PBSD budget is a big challenge, requiring consideration for both short and long-term needs. Mr. Rodburg addressed Ms. Polke's concerns (treatment at the Budget Committee meeting) and suggested that although she has legitimate concerns on various issues, her comments were "off agenda." Ms. Polke responded that she is knowledgeable of budgets and finance, and has a right to voice her opinion. Dr. Chicurel commented that he supports the re-election of our current chair, Mr. Fogg, who is very fair and patient, and has made the board a better place. He noted that Mr. Fogg has expertise in finance and will do an excellent job in the future. Mr. Griffith commented that we are going into a tough period of uncertainty in regards to our finances and the weather; both are changing, and not for the better. I-Ie suggested that our board has become complacent, lacking discussions, lacking expressions of descent, and rubberstamping too many issues. Mr. Griffith suggested that we need new voices and new solutions to old problems. If nothing changes, nothing changes. The following motions were made and voted upon for Chair and Vice Chair. Ms. Polke Chair of motioned, the PBSD Mr. Griffith seconded Board. The motion to nominate Mr. failed 2-6, with Griffith to serve as Dr. Chicurel, Mr. Pelican Bay Services Division Board Regular Session April 9, 2025 Damouni, Mr. Lufkin, Mr. Rodburg, Mr. Swider, and Mr. Weir dissenting, and Mr. Fogg abstaining, Mr. Rodburg motioned, Mr. Weir seconded to nominate Mr. Fogg to serve as Chair of the PBSD Board. The motion carried 6-2, with Mr. Griffith and Ms. Pollee dissenting, and Mr. Fogg abstaining, Mr. Rodburg motioned, Mr. Damouni seconded to nominate Dr. Chicurel to serve as Vice Chair of the PBSD Board. A vote was not taken as no other nominations were made. ADMINISTRATOR'S REPORT PROJECT UPDATES A project update summary was included in the agenda packet. PBSD ELECTION POLICY CHANGES Mr. Dorrill reported that he has provided a document of an email string with Ms. Crystal Kinzel, Clerk of the Court, which was added to the record. He explained that Ms. Kinzel has now informed us that the Clerk of Courts will not continue to conduct our PBSD Board elections as this service is outside their scope of work, and she suggested that the Supervisor of Elections does not want to get involved. Mr. Dorrill noted that the Clerk had taken on conducting our annual election about 20 years ago, when the Cleric had suggested related amendments to our ordinance, as directed by the BCC. An election is held only when we have more applicants than we have open board seats. Mr. Dorrill commented that it is his understanding that the PBF outsources its election process, and Mr. D'Errico, PBF President, confirmed this. He noted that if we choose a similar process, that it would require an amendment to our ordinance. Mr. Dorrill noted that this is the only County advisory board that conducts a board election. Ms. Polke questioned whether any of the other advisory boards are taxing entities. Mr. Dorrill confirmed that some are. He also confirmed that the PBSD would be responsible for funding the election, and that historically, we have reimbursed the Clerk for their expenses. Mr. Rich Alexander, PBF board member, commented that two years ago, the PBF did an RFP for their election process, and that Vote Now submitted the most competitive price. Mr. D'Errico commented that the cost for their most recent PBF election was approximately $26,000. Dr. Chicurel questioned whether the election mailers would be the same as for the PBF. Mr. Dorrill commented that the style would be determined by a consultant. Mr. Fogg suggested to Mr. Dorrill that he advises the County Manager that we are in the process of fact-finding and that staff prepares a draft RFP. Ms. Susan O'Brien commented that the PBF provides the list of voters and addresses to Vote Now, and that Vote Now does the counting. She noted that the PBF has had some glitches with the list of voter information. Ms. O'Brien suggested that it will be essential to obtain an accurate list of voters from the County. Mr. Fogg commented that we have the option of having no election (and in this case, the BCC would appoint board members from the pool of applicants). Mr. Weir suggested that we would save Pelican Bay Services Division Board Regular Session April 9, 2025 money and the process would be simpler. Mr. Coleman noted that the most recent billing by the Clerk for our election services was approximately $10,000, UPDATE ON THE S.F.W.M.D. MEETING Mr. Dorrill reported that staff recently had a pre -application meeting with the S.F.W.M.D. to discuss a potential amendment to our existing water management permit to enclose the Bay Colony dune Swale, which is critical to the drainage of residential structures in Bay Colony. S.F.W.M.D. staff stated that a large portion of the dune swale is located inside the construction control line and that trying to make changes to it would be very difficult. The idea of enclosing this structure was received with a negative reaction from the S.F.W.M.D. Mr. Bill McCormick commented on (1) the extensive work that has been completed on the dune Swale, (2) the swale is not draining and currently has stagnant water which is collecting green algae; the swale may be too deep, (3) staff should continue to pursue enclosure of the swale, even though portions are inside the construction control line, (4) there are cost effective plastic pipe options which could be considered, and (5) the PBSD Board should consider the importance of enclosing the swale in order to avoid excessive recurring maintenance costs, resulting from future storms. UPDATE ON THE U.S.A.C.E. MEETING Mr. Dorrill reported that staff recently had a pre -application meeting with the U.S.A.C.E. to discuss our starting the process to renew our Clam Pass maintenance permits with the U.S.A.C.E. (and correspondingly with FDEP). He noted that the U.S.A.C.E., in the Fort Myers Office, has been inundated with permit applications, subsequent to Hurricanes Ian and Milton, and that as a result, they may not be able to review all of our application materials by March 2026 (our existing permit expiration date). The U.S.A.C.E. requested that we file for a two-year extension of our existing permit through an administrative process (providing for a new permit expiration of March 2028). Mr. Dorrill reported that at a recent BCC workshop, City of Naples residents, including those from Seagate and Naples Cay, requested that changes in Clam Pass dredge templates, dredge frequencies, and modeling be explored. He noted that during the next several years, the Clam Bay Committee can continue to look at dredge design alternatives. Mr. Dorrill noted that during the extension administrative process, we would not be eligible to make changes to our permit. He noted that we have obtained "permit mods" in the past. Mr. Fogg commented that Naples Cay residents have water quality concerns, which are outside of our NRPA. He noted that we will continue to support/assist them, but that we are reluctant to use any of our funds for their interests. Mr. Fogg commented that our primary objective is to maintain the health of our mangroves. REVIEW OF THE MARCH 31 FINANCIALS Mr. Dorrill reviewed the March 31 financial statements and discussed highlights including (1) $12.1 mullion in cash, (2) $733,000 in payables, (3) $4.9 million in unspent funds available for capital projects, (4) County required reserves of $781,000, and (5) 92% of assessments and ad valorem taxes have been received so far in FY25. LANDSCAPE &SAFETY Dr. Chicurel commented that the Landscape &Safety Committee met on 3/27/25, and provided the following highlights of the meeting. tl! Pelican Bay Services Division Board Regular Session April 9, 2025 • Cpl. Reed, CCSO, gave a report outlining deputy calls and encounters within and around Pelican Bay including deputy initiated stops, data on traffic stops, and all encounters in Pelican Bay, which were over 3,000 during the time period Jan. 1 — Mar. 23. During this time period, the PBSD has paid for extra patrols for our community. • Quality Enterprises, our sidewalk contractor, will finish the punch list of corrections and perform two additional work directives. The PBSD will receive a one-year warrantee on our sidewalk construction project, from the date of completion. • Johnson Engineering was asked to provide the PBSD with a remedy for the need to constantly repair Pelican Bay's paver crosswalks. Issues include (1) ADA non-compliance, (2) costly redundant maintenance costs, and (3) serious safety issues to pedestrians and vehicles. Photos of a bicyclist who was seriously injured as a result of one of our paver crosswalks was included in the agenda packet. • Our existing sand set paver crosswalks are unique, different, and attractive. However, they are difficult to construct with ADA compliant specifications and very difficult to maintain. The County Director of Road, Bridge, and Stormwater Maintenance has corroborated these difficulties and has indicated that they "stay away from pavers due to their failures" in an email to our Project Manager, Karin Herrmann. The Director also mentioned that "concrete isn't a bad option." Water intrusion fiom seasonal rains, recent hurricane storm surge, heavy vehicle traffic, and unknown construction defects have led to multiple and ongoing failures in all of PB's 26 paver crosswalks. Frequently, failures are corrected and then additional failures are detected in the same crosswalk. Corrected failures 11equently re -fail. Our existing crosswalks cannot be maintained to ADA specifications in a timely manner. • An example of a dyed concrete stamped crosswalk was provided in the agenda packet. Our consultant has recommended the option of a dyed concrete stamped crosswalk. Mr. Coleman commented that the cost of the proposed pilot project (at the intersection of Gulf Park Dr. and Ridgewood Dr.), using this material, would be under $100,000. • Due to numerous resident requests and a request from Commissioner Hall's office to address the pedestrian safety issues raised by residents, staff asked the County to perform traffic studies at Pelican Bay Blvd. and its intersections with North Pointe Dr. and Hammock Oak Dr., in season. Unfortunately, traffic studies only study vehicular traffic and histories, although the traffic study conducted at the San Marino crosswalk (a few years ago) fortunately included a County person onsite witnessing pedestrian traffic as well as safety issues that were evident when residents were actually trying to cross the road in the crosswalk. For these recent PB Blvd. traffic studies, no one from the County was able to observe the real pedestrian safety issues. As a result, neither intersection warranted a 3-way stop. A straw poll of the committee resulted in a 3-2 vote in favor of placing RRFB's (rectangular rapid flashing beacons) at both the North Pointe Dr. & Hammock Oak Dr. intersections with Pelican Bay Blvd. • Sharrows will be removed and replaced in compliance with FDOT's updated 2018 design manual. CROSSWALK REPLACEMENT PILOT PROGRAM Mi•. Griffith questioned what the length of time would be to determine how well the dyed concrete stamped crosswalk holds up, before going forward with additional installations. Dr. Chicurel responded that this issue was not discussed by the committee. He also commented that the paver crosswalk repairs are costing the PBSD thousands of dollars. E Pelican Bay Services Division Board Regular Session April 9, 2025 Ms. Polke commented that she attended the 3/27 committee meeting and that audience members were concerned that dyed concrete stamped sidewalks would cheapen the community. She noted that there was another method of paver construction that was discussed by the committee. Ms. Polke suggested that our residents need to weigh in on a change from our existing pavers to our proposed dyed concrete stamped crosswalk. Dr. Chicurel commented that a committee vote was not taken on this issue because at the time of the committee meeting, it was unknown as to what the County would agree to. Ms. Sue Griffith suggested that the pilot project be completed at a quieter intersection with a single crosswalk, instead of the proposed intersection which is an important intersection. She suggested that other locations are considered. Mr. Dorrill commented that there are no crosswalks in "residential areas" of Pelican Bay. He also noted that our paver crosswalks functioned well for about ten years. Ms. Jean Gaffman questioned the aesthetics of a dyed concrete stamped crosswalk and suggested that the pilot project needs to be in an area with plenty of traffic to determine if the material holds up. Ms. Susan O'Brien commented that at the L&S Committee meeting, the engineer presented options and was not strongly in favor of any one specific option. She suggested that for the most part, the audience was in favor of pavers. Ms. Roanna Handy suggested the single crosswalk from the St. Raphael community to the beach as a pilot program location. Mr. Fogg directed Dr. Chicurel to take this issue back to his committee for more discussion and that the motion would be tabled. Mr. Bill McCormick commented that the committee needs to look at ways of setting pavers in concrete. Ms. Polke commented that this possibility was discussed by the committee and she suggested that the community needs to weigh in on these options. Ms. Polke questioned why we are not directing more funds to our beaches. Mr. Hildebrandt commented that he would like to share this information on our crosswalks with the PBF. He noted that there were dyed concrete stamped crosswalks in New Jersey where he once lived, and he suggested that they had a lot of issues and did not hold up well. Mr. Dorrill clarified that our existing pavers are on a concrete base and back -filled with sand. Dr. Chicurel motioned, Mr. Lufkin seconded that the PBSD Board approve that our staff proceeds with a pilot project to replace the sand set paver crosswalks at the intersection of Gulf Park Dr. and Ridgewood Dr. with dyed stamped concrete, resembling the color and pattern of the existing pavers. The motion was tabled. PEDESTRIAN ACTIVATED FLASHING CROSSWALK LIGHTS Dr. Chicurel commented that a vote by the committee on placing RRFB's at both the North Pointe Dr. and Hammock Oak Dr. intersections with Pelican Bay Blvd. was not taken. A straw vote was taken, indicating 3 to 2 in favor of moving forward with this project. The straw vote included Mr. Stone who was participating by phone. Mr. Griffith commented that there were five committee members present in the room (including Mr. Hildebrandt) and Mr. Stone was on the telephone. He noted that there were 3 out of 5 committee members in the room who voted against the proposal, including Mr. Hildebrandt who can 0 Pelican Bay Services Division Board Regular Session April 9, 2025 vote in a straw vote. Mr. Griffith noted that even if you excluded him, the vote would have been 2 to 2. He suggested that the straw vote results should not have resulted in a "go ahead" on this project. Mr. Fogg commented that this issue needs more discussion and that in order for the board to vote on it, a firm recommendation from the committee would be required. Ms. Roanna Handy commented that she uses a PB crosswalk with flashing lights almost every day, and suggested that the flashing lights give pedestrians a false sense of security, thinking that vehicles will stop, and often they do not stop. A MEETING BREAK WAS TAKEN FROM 2:54 — 3:01 BUDGET Mr. Fogg commented that a preliminary FY26 budget was provided in the agenda packet. He provided highlights which included the following. • The budget cycle begins in March, followed by a submittal of a preliminary budget to the County in April/May, followed by the final BCC approval of the budget in early Sept. • Hurricane cleanup work from the 2024 storms put a substantial strain on our FY25 budget. Funds from our contingency reserve and some capital project funds were used for funding. Our contingency reserve needs to be re-established and we need to continue with our capital projects. • Financial impacts from the 2025 hurricane season cannot be estimated for our FY26 budget. • In the agenda packet, our "assessment summary" shows our FY25 assessment, next year's regular budget, an amount for a "special assessment" for the cost of beach renourishment, and a final total assessment. • The proposed FY26 budget includes an approximate increase of 3% in operations. Currently there are a few remaining unconfirmed County charges. • Our proposed FY26 Clam Bay Fund budget shows an increase over last year as a result of the effects from 2024 hurricanes. In FY25, the County's contribution to this fund was $156,000, County tourist taxes pay for any Clam Pass dredge projects. • Over the past several years, we have been "playing catch up" on maintaining PB infrastructure. Stormwater management system maintenance expenses have increased. Our proposed FY26 Capital budget shows an approximate 5% increase. • The PBSD has approximately $5 million outstanding in debt. The County will continue to pay us $500,000/year until 2028, which was their cost -share in our sidewalk project. • Funds are being built up for a future lake bank project. Our lake bank priority list has the Community Center lake as the next lake bank project to be undertaken. This project is currently on hold until the PBF firms up its Community Center renovation plans. • Our consultant (Humiston & Moore) has completed a survey of the entire southwest Florida coastline, comparing existing beaches to the standard template. The County is already in the process of beach renourishment south of Pelican Bay. The County expects a Nov./Dec. 2025 beach renourishment project from Vanderbilt Beach south to Clam Pass. The PBSD is responsible for funding the beach renourishment cost from mile south of Vanderbilt Beach to Clam Pass, as this is considered "private access beach." Our consultant has estimated that our cost to refill the template for this area will be approximately $4.5 million. The PBSD will piggyback on the County's project. This project, when complete, will return our beaches to 7 Pelican Bay Services Division Board Regular Session April 9, 2025 pre -hurricane conditions (no supplemental sand will be included). While the cost and extent of this project is unprecedented, the damage is also unprecedented. • Some of our expenditures relating to 2024 hurricane cleanup are F> MA reimbursable. However, the PBSD must fund these expenses in the short-term. If and when these FEMA claims will be reimbursed is unknown. • Our contingency reserve will be replenished by $45/ERU and the remainder through our FY25 carryforward funds. • A schedule of our capital projects was included in the agenda packet, with highlights discussed. Water management repairs/maintenance costs have increased due to the aging of our system. Ms. Polke commented on (1) $485,000 spent on an overage in our sidewalk project, (2) our most important assets are our restaurants, beaches, and mangroves, (3) approximately $10 million is most likely needed for beach renourishment, (4) the sidewalk replacement project was taken on without it being an "emergency" project, (5) existing beach renourishment funds were not spent on an immediate project (post hurricane), and (6) inappropriate board priorities. Ms. Alice Nobi commented on the unattractiveness of areas of dead mangroves. Mr. John Duken commented on a new Florida state law which takes effect on July 1, requiring inspections of water management systems. He suggested that some swales and culverts in PBSD easements have not been maintained. Mr. Coleman commented that maintenance of swales and culverts has been budgeted under drainage. Mr. Duken suggested that we need to share the "bad news" on this issue with the PB community. Mr. Fogg commented that during Hurricane Ian, our water management system worked well; however, we are encountering more maintenance issues in recent years. Mr. Rodburg announced that all of our PB residents are invited to attend our May 8 Water Management Committee meeting where PBSD responsibilities and PB community responsibilities relating to water management will be discussed. Mr. Mike Shepherd commented that he was the PBSD Treasurer in the aftermath of Hurricane Ian, when a substantial increase in the assessment was necessary to fund hurricane cleanup efforts at that time. He suggested that Pelican Bay is 1 of 16 most affluent communities in the U.S. and that we must be prepared to pay to maintain this level of excellence. Mr. Shepherd suggested that we must raise the necessary funds to accomplish this and that the recommended increase in the FY26 assessment is tiny in relation to our property values. Mr. Fogg motioned, Mr. Griffith seconded that the PBSD Board approves the proposed FY26 budget as drafted, for submission to the County, to include a total assessment of $1,550/ERU. The motion carried unanimously. UPDATE ON OUR BEACHES Mr. Fogg commented that in the past, Pelican Bay experienced wind damage fi•om hurricanes, while in the recent two years, we have had exposure to storm surge and a large amount of sand intrusion. He suggested that we need to have our consultant explore whether there is any way to build up the back beach to prevent future sand intrusion to protect our mangroves. Dr. Dabees made the following comments and recommendations. • Reclaiming as much sand as possible (which overwashed the dune) is a priority. • The PBSD should piggyback on the County's 2025 beach renourishment project. Pelican Bay Services Division Board Regular Session April 9, 2025 • Some of the excess sand dredged from Clam Pass (expected in late Fall 2025) will be placed on the beach on the north side of the Pass. • Pelican Bay experienced 5 storms in 2 years, which is unprecedented. The future is unpredictable. • Huricane Ian flattened the dune. It must be re-established. • In Florida, an applicant for a beach renourishment project must obtain approval from the state for the type and source of the sand to be used. • Sand is limited by availability, Ms. Pollee commented that she has heard that we cannot remove sand from the mangroves. She also commented on the reduction in wildlife in recent years. Dr. Dabees responded that we can reclaim sand from the out of the mangroves and that we need to reset the dune to its pre -hurricane location. Ms. Pollee commented that our beaches are the most important priority in our budget. She questioned why the PBF is not able to add sand to our beaches. Mr. Fogg commented that the PBF does not reclaim sand. Dr. Dabees commented that for every hurricane, an emergency declaration is made by the state which allows for expedited permitting from the state. He noted that we have permits related to Hurricanes Helene, Milton, and Ian which are all still active. Mr. Rodburg commented that at the last board meeting, the board approved four recommendations made by Dr. Dabees, relating to beach renourishment, beach dunes, and Clam Pass, Dr. Dabees commented that these recommendations still stand and that reclaiming the sand which overwashed the dune must be the first priority. CHAIRMAN'S REPORT COMMITTEE ASSIGNMENTS Mr. Fogg commented that board members have been polled on their committee interests; committee assignments will be announced in the near future after some staff discussion. The Clam Bay Committee and the Water Management Committee will be separate committees, and will pursue different agendas. The meeting was adiourned at 4:10 J Chicurel, Vice- hairman Minutes approved L Y I as presented OR"as amended ON