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PBSD MSTBU Minutes 05/14/2025PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MAY 149 2025 The Pelican Bay Services Division Board met on Wednesday, May 14, 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 Peter Griffith Brad Hildebrandt (absent) Pelican Bay Services Division Staff Neil Dorrill, Administrator Dawn Brewer, Ops. Support Spec. II (absent) Chad Coleman, Deputy Director Darren Duprey, Supervisor — Field I Also Present Colleen Greene, County Attorney's Office Bob Lufkin (by telephone) Cindy Polke Michael Rodburg Greg Stone 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 APPROVED AGENDA (ASAMENDED) 1. Pledge of Allegiance 2. Roll Call 3. Agenda approval 4. Approval of 4/9/25 Regular Session meeting minutes 5. Audience comments Sunshine Law presentation Administrator's Report a. Operations building b. Sidewalk project c. Beach dune restoration d. Review of the April 30 financials 8. Committee Reports aI Water Management 9. Chairman's Report a. Clam Bay (add -on) 10. Old Business 11. New Business/Miscellaneous Correspondence 12. Adjournment ROLL CALL Mr. Hildebrandt was absent and a quorum was established. Pelican Bay Services Division Board Regular Session May 14, 2025 Mr. Fogg commented that Mr. Nick Fabregas, Manager of the Waterside Shops (who was approved by the BCC as a PBSD Board member with a term beginning 4/l/25) recently moved out of Collier County. We are in the process of seeking a waiver from the BCC to allow Mr. Fabregas to serve on the PBSD Board even though he now lives outside of Collier County, Mr. Fogg motioned, Mr. Rodburg seconded to allow Mr. Lufkin to appear by hone due to an extraordinary circumstance. The motion carried unanimously, Mr. Fogg motioned, Mr. Griffith seconded to approve the agenda as amended with the addition of item #9a. The motion carried unanimously. APPROVAL OF 4/9/2025 REGULAR SESSION MEETING MINUTES Ms. Polke read her version of two sections of the April 9 summary meeting minutes. She provided a copy of her version to staff. Mr. Fogg postponed approval of the minutes. AUDIENCE COMMENTS Mr. Ted Raia commented on the importance of restoring our beaches and that a storm in the near future will cause more loss to our beaches if they remain unestored. Ms. Marcia Cravens commented on (1) the use of the word "eutrophication," referring to the abundance of pollutant loading of nutrients (especially phosphorus and nitrogen) causing an overgrowth of algae, which was misunderstood or misused at the BCC March 4 Workshop on Clam Bay, (2) seagrass acreage in Clam Bay, (3) the importance and interconnection of our beaches, dunes, mangroves, and seagrasses, (4) nutrient loading in the north end of Clam Bay, which is likely a result of the overuse of fertilizer throughout Pelican Bay, and (5) a suggested review by the PBSD of the amount of fertilizer bought and dispersed as apart of PBSD projects. Mr. Gary Canino expressed concern over our beach erosion and urged the PBSD Board to put this issue at the top of the list of PBSD priorities. Ms. Carol Coleman commented on recently published American Medical Association Journals reporting studies showing a link between Parkinson disease and living near golf courses, suggesting the harmful effect of fertilizers in our groundwater. Ms. Jill Brader commented on (1) her preference for PBSD Board meetings to be made available on ZOOM, and (2) her preference for the installation of a traffic light at the intersection of Gulf Park Dr. and US 41. Mr. Fogg commented that the Landscape & Safety Committee may have a follow-up discussion on this issue at their June meeting. Dr. Chicurel commented that no PBSD MSTBU funds can be used outside the boundaries of the taxing district (US41 is outside our )oundaries). Ms. Polke commented that PBSD Board meetings broadcast over ZOOM would be a great way to communicate with our residents. Mr. Fogg suggested that board members discuss this issue with PBSD residents and that he will put this item on the next board meeting agenda for discussion. SUNSHINE LAW PRESENTATION Ms. Colleen Greene provided a presentation on Sunshine Law, Public Records Law, and Ethics Law including state law and the County's ethics ordinance. Pelican Bay Services Division Board Regular Session May 14, 2025 Mr. Dorrill commented that text messages, voice messages, and instant messages (IMs) must also be retained as they are all public records; whenever possible, screenshots should be taken of these messages. Mr. Stone asked Ms. Greene to confirm that a PBSD Board member can participate and vote at a committee meeting by telephone as long as the committee votes and approves that he does so, at the start of the committee meeting. Ms. Greene confirmed. Mr. Fogg commented that our staff does a great job in responding to requests/questions from board members on a timely basis. However, he indicated that staff should be responding only to board inquiries and direction. Mr. Fogg directed board members to bring any issues they may have to a committee or the board. ADMINISTRATOR'S REPORT OPERATIONS BUILDING Mr. Dorrill provided an update on our Operations Building construction project including (1) completion of interior and exterior painting, (2) completion of the kitchen and locker room, (3) delivery of the flooring, (4) completion of rough grading, and (5) expected paving to be completed during the week following July 4. He reported that the County Facilities Dept. (the project manager) has a preferred vendor who provides computer and security systems, whose proposal came in much higher than we had originally contemplated in our project budget. Mr. Dorrill noted that we are working on scheduling a meeting with them to look at alternatives to their "Cadillac" proposal and hopes that this issue can be resolved within the next 30-60 days. SIDEWALK PROJECT Mr. Dorrill commented that a stop -work order was issued last Fall while a payment dispute was resolved; the dispute has now been resolved, and the Clerk has processed payments to Quality Enterprises. QE is expected to re -mobilize one week from today to complete a few remaining work directives as well as participate in and complete the inspection approval process. He noted that our one-year warranty begins on the day of project completion. CLAM PASS Mr. Dorrill commented that staff recently met with the U.S.A.C.E. to begin the process to obtain a new maintenance and operating permit; current criteria allows for a 15-year permit (our existing permit is a ten-year permit). He noted that the U.S.A.C.E. asked us to file for a request for an extension to our existing permits due to a lack of staff and a backlog of other permit activities. Mr. Dorrill commented that we have complied with their request and that this will give us time to review some of the aspects of our Management Plan, dredge and fill templates, and other recent points of interest. He noted that specifications and bid documents are being completed in order to bid out a maintenance dredging event for Sections A, B, and C, for work commencing in early November, to coincide with the end of sea turtle nesting season. Mr. Dorrill commented that we have now submitted an application for an extension of our permit. He noted that dredging is permissible under our existing permits, but that the actual plans and quantities for our proposed dredge work must be filed. Ms. Polke questioned whether we could have completed the dredge project in January or early Spring 2025. Mr. Dorrill explained that this was not possible as required steps include (1) completing a bathymetric survey to show the sand accumulation in each of the three sections of the inlet followed by (2) bidding out the job for the quantities indicated in the survey. Mr. Fogg questioned whether we ever dredge during turtle nesting season. Mr. Dorrill commented that it is difficult to obtain agency Pelican Bay Services Division Board Regular Session May 14, 2025 approvals during turtle nesting season, but that we have done a project in the past which overlapped turtle nesting season. Mr. Coleman commented that the last dredge project was in 2024. Ms. Polke questioned why we did not file dredge plans sooner. Mr. Dorrill commented that we monitor water levels in Clam Bay which measure the difference between the average low tide and average high tide and that until that difference falls below'/2 foot, we are not eligible to dredge, per the Clam Bay Management Plan. In addition, a dredge project requires a bathymetric survey to quantify the accumulations of sand in the inlet. Ms. Polke questioned the reason why we are waiting to renourish our beaches until after turtle nesting season. Mr. Dorrill commented that there are areas in Collier County that are more eroded than ours, and noted that Collier County's Coastal Zone Dept, is the entity that has the permit for beach renourishment in Collier County (not the PBSD). Ile noted that we cost -share in County beach renourishment projects (based on an annual survey of beach erosion), paying to renourish those areas which are considered private PB beaches. Mr. Dorrill commented that a County beach renourishment project was just completed in the Park Shore area as this area was in the most need of renourishment; our beach and Vanderbilt Beach are next on the list, scheduled for a November project. He noted that the large increase in our FY26 assessment will enable us to have $4.5 - $5.0 million on hand to pay for this project. Ms. Polke questioned whether PB residents could have been taxed sooner than FY26 in order to enable renourishment of our beaches sooner. Mr. Dorrill commented that each year, our PBSD budget includes adding funds to our beach renourishment project fund. Unfortunately, in the last five years, we have spent more than we have taken in, and therefore we will need to raise $4.5 - $5.0 million as part of our FY26 assessment. BEACH DUNE RESTORATION Mr. Dorrill commented that earlier this year, we completed the reconstruction of the Bay Colony dune swale at a cost of approximately $850,000 (after Hurricanes Helene & Milton) to dig out all of the sand which overwashed the dune, and accumulated adjacent to the dune swale. All of this sand was placed back on the beach as it was beach -compatible. He commented that we are about to reclaim additional sand which overwashed the dune, into mangrove areas, and noted that we are eligible to reclaim this sand as a result of the governor's order issued following Hurricanes Milton & Helene. However, we do need the review and consent of the environmental agencies. Mr. Dorrill commented that the estimated cost of this project is approximately $600,000. Ms. Polke questioned whether the 2025 beach renourishment project will include reclaimed or trucked -in sand. Mr. Dorrill commented that in Collier County there are no near -shore deposits of beach -compatible sand. He noted that the last time sand was mechanically dredged from offshore was about 25 years ago, and that since then, sand is sourced from inland mines. Mr. Dorrill commented that currently there is a Fort Myers beach renourishment project in which they are hydraulically dredging sand from near -shore locations that have been state approved. Ms. Polke questioned whether we can look into the existence of pre -approved offshore sand deposits. Mr. Dorrill responded that in conjunction with the County's Coastal Zone Dept., we could explore the existence and excess cost to extract offshore sand. He noted that staff will research this issue and share their findings with the board. Mr. Fogg commented that the challenge here will be whether the County would have any interest in dredging offshore. Mr. Fogg commented that it is his understanding that the County has looked at the possibility of offshore dredging and determined that it would not be cost effective. He noted that if we took on a beach renourishment project on our own, that the cost would be at least double, and therefore, we have 4 Pelican Bay Services Division Board Regular Session May 14, 2025 chosen to piggyback onto County beach renourishment projects, and unfortunately, we are subject to their timeline. Mr. Dorrill commented that we have not taken on an independent beach renourishment project because (1) we do not have a permit, and (2) the enormous cost of mobilization. Ms. Polke commented that the County has received a large amount of federal funding and questioned whether we can explore FEMA federal funding for our beach restoration. Mr. Dorrill commented that all of the costs associated with restoration of the urban area dune, following Hurricane Ian, was funded through FEMA mitigation grant money. Unfortunately, all of the restored dune was pushed inland during subsequent storm events. Ms. Pollee commented that she believes that our beaches should be 85 feet to the water line. Mr. Coleman commented that the Fall beach renourishment project will reconstruct our beaches to this measurement. REVIEW OF THE APRIL 30 FINANCIALS Mr. Dorrill reviewed the April 30 financial statements and discussed highlights including (1) $11.7 million in cash, (2) $880,000 in payables, (3) $4.5 million in unspent funds available for capital projects, (4) $1.9 million spent year-to-date on the Operations Building Project, (5) personnel and operating expenses in line with budget, and (6) year-to-date receipt of 95% of our assessments. He noted that April interest earned was not recorded for April (usually approx. $12,000), which will require a correction. Mr. Fogg questioned whether we will need any FY25 budget amendments. Mr. Dorrill responded that he only foresees the need for a budget amendment if staff becomes aware that there is an opportunity to harvest additional sand from our mangrove areas. COMMITTEE REP012TS WATER MANAGEMENT Mr. Rodburg commented that the Water Management Committee met on 5/8/25, and provided the following highlights of the meeting. • The May 8 Water Management Committee was designed to educate PB Property Managers and HOAs on (1) how drainage and water management work in Pelican Bay, and (2) the distinct separate responsibilities of the PBSD and private property owners. • Attendance was poor. This educational meeting can be repeated if there is future interest. • This meeting was recommended as a follow-up to staff interaction with the Coronado and other high-rise properties after the 2024 hurricanes. Mr. Rodburg made comments in response to audience comments as follows. • We have asked our consultant to research the causes of the decline in seagrass acreage in Clam Bay and to explore the possibility of installing additional seagrass in Clam Bay. • He agreed that we should take a look at PBSUs use of fertilizer. • The PBSD has had discussions with the PBF on how to police the use of fertilizer in PB. • The golf course is an Audubon -certified facility and has stringent rules on what and how fertilizer is applied. The rest of Pelican Bay is not, and he suggested that the PBSD, in conjunction with the PBF, should look at this issue. Ms. Jill Brader commented that Rookery Bay has a program to educate landscapers on what is required of them in regards to the type and quantity of fertilizer and when they can fertilize. She suggested that the PBSD Board may want a representative from Rookery Bay to speak on this issue at a PBSD Board meeting. Ms. Police suggested that in order to get policing in place, we need a joint 5 Pelican Bay Services Division Board Regular Session May 14, 2025 advertised meeting with the PBF to have an open discussion on this issue and put a policy in place. She suggested the possibility of all PB landscapers having to sign a consent form agreeing to PB fertilizer policy. Mr. Fogg directed Mr. Swider to put this issue on a future Water Management Committee meeting agenda. Ms. Julie Waden commented on grass adjacent to Oakmont Lake, and the lack of littorals in this lake. She noted that Naples Botanical Gardens is available to work with communities to teach best practices and natural solutions. Mr. Bill McCormick commented on (1) an update on stagnant water in the Bay Colony dune swale, (2) replacement of the dune swale with an enclosed culvert as a cost-effective remediation project, and (3) support by the President of Bay Colony for a culvert solution. Mr. Coleman commented that the algae in the swale has been treated; rainfall would improve flow in the swale. He reported staff continues to work with our coastal engineer to obtain additional data on available methods/materials to enclose/improve the swale. Mr. Dor ill questioned the rationale of making such a large expenditure to replace the dune swale with a culvert, while it would not provide any benefit to almost all of our commercial PBSD members. He noted that Bay Colony is not interested in taking on this project. Mr. Dorrill also noted that if this project were to be pursued that we would need to obtain a variance from the state. Mr. Fogg commented that at our recent meeting with the U.S.A.C.E. he felt they were looking for a more complete proposal to make a firm comment. He noted that there is not a high level of interest by the Bay Colony high-rises in this, and that if we were to install a culvert, that the high-rises would have to incur the expense of connecting to it. Ms. Carol Coleman commented again on the study linking Parkinsons disease with contaminated groundwater near golf courses. Ms. Polke requested that she provides the board with a copy of the study discussed in the journal of the American Medical Association, Ms. Julie Waden commented on areas of dead grass between the sidewalk and the street in some areas of Pelican Bay. Mr. Coleman responded that these areas are scheduled for replacement grass. CHAIRMAN'S REPORT CLAM BAY (ADD -ON) Ms. Mary Johnson commented on a BCC proposal to establish a Clam Bay Advisory Committee (separate from the PBSD) including the following. • A similarly named committee was formed in 2008, brought forward by the Seagate/Naples Cay/City of Naples communities, under the oversight of the County Coastal Advisory Cmte. The formation of this committee was opposed by the PBSD, PBF, and Mangrove Action Group as it was an attempt to take over the management of Clam Bay. • The goals of a newly formed Clam Bay Advisory Committee are (1) to dredge deep and wide to ensure deep water access; at the recent BCC meeting, Commissioner McDaniels commented in favor of restoring deep water access, and (2) to usurp PBSD's management authority over Clam Bay as the ordinance language includes the purpose of the committee as assisting/advising the BCC on all issues affecting the entire Clam Bay estuary system, including the management, direction, health, and long-term viability of the system. • The County liaison for this committee has not been identified. • In 2013, the PBSD was established as having sole responsibility over the dredging of Clam Pass and the management of the Clam Bay conservation/preserve area. • PBSD is the best entity to address all Clam Bay concerns. 6 Pelican Bay Services Division Board Regular Session May 14, 2025 • The PBSD Board needs to prepare for the June 10 BCC hearing on this issue. The BCC proposal needs to be revamped so that the PBSD continues to have oversight over Clam Bay. • The Pelican Bay community needs to be aware of this BCC proposed committee. Ms. Polke questioned what the funding source is for this proposed committee. Ms. Johnson responded that there is no mention of funding in the proposed ordinance. Mr. Fogg commented that the PBSD Board needs to define our position and determine now to respond to this BCC proposal, and discussed his views on the issue as follows. • The PBSD became aware of this proposal on May 8, and was able to have the agenda item pulled from the agenda and postponed until June 10. Commissioner Hall was not in attendance at the May 8 BCC meeting. • It is apparent that Seagate residents have been communicating directly with Collier County Commissioners. • The PBSD has been working with Seagate residents since 2023, sharing all of our data with them. They continue to want more frequent dredging events. • On Monday, a response to the agenda item was drafted but not sent to the BCC, as we learned that the item was removed from the BCC agenda. • Mr. Fogg will get together with the PBF, Mangrove Action Group, and Collier County Conservancy to discuss how best to approach this. The PBSD needs to act quickly. • Seagate/Naples Cay concerns have to do with the water quality in their canals. If this committee is formed, it should focus on their water quality concerns, and consequently, the County should fund it. • The PBSD needs to explore what the reason is for the formation of this committee, and whether the BCC is suggesting that we are not managing Clam Bay appropriately. • PBSD Board members may submit any suggestions in writing to the draft letter (prepared by Mr. Fogg) to the BCC to Ms. Shea for consideration. • In our letter to the BCC, we will make firm and explicit comments on why we believe we are doing a good job and redirect them to understand that Seagate & Naples Cay issues are related to their canals, and not related to Clam Bay. The BCC needs to be educated on the history and success of our stewardship of Clam Bay, Mr. Rodburg thanked Ms. Johnson for speaking and sharing her knowledge of Clam Bay. He emphasized that we do not want to lose oversight and management of Clam Bay and Clam Pass, Mr. Rodburg commented that the draft letter hits the best points and suggested the following inclusions. • The premise that Seagate and Naples Cay have a water quality problem is not born out by our historical data. The Commissioners should be made aware of our data. • Per our last annual Water Quality Report, the three sample points closest to Seagate are less contaminated for nitrogen and phosphorus than other parts of Clam Bay. • Our mean tide ratio markers show that those closest to Seagate and Naples Cay show the same ratios as those farthest away (there is no differential in tidal flow). • Seagate canals are artificial, and the rest of the whole area is natural. "Those structures are narrow, deep, and inconsistent with our environment. • Seagate water flow is southward, not out towards Clam Pass. These canals can and should be viewed as a sewer, Pelican Bay Services Division Board Regular Session May 14, 2025 Ms. Cravens urged the PBSD Board to speak to Collier County Commissioners directly and that a response cannot be delayed. She commented that the purpose of dredging Clam Pass is to keep the Pass open and maintain water flow; not as a source of sand. Ms. Cravens explained that the deeper you dredge, the quicker the Pass will fill in. Dr. Chicurel agreed with Ms. Cravens; dredging is for the health of the Pass, not recreational purposes. Ms. Polke commented that the PBSD Board needs to have additional discussion on this issue, to include the community. She suggested that large deposits of sand (from five hurricanes and truck hauled sand) in Clam Bay have caused a decline in population of manatees, sea otters, fish, turtles, alligators, and birds. Ms. Polke commented that we do not want deep water; we want healthy water. She commented that the construction of Vanderbilt Beach Road cut off the north end of Clam Bay, greatly disturbing the natural environment. Ms. Cravens commented that opinions are not data or facts. Mr. Dorrill commented that the proposed ordinance is a poorly constructed draft, and that unless considered an emergency, it would require an advertised public hearing before it could be adopted. He noted that a special PBSD Board meeting can be scheduled if considered necessary. Mr. Dorrill commented that the plan that Mr. Fogg has outlined is the best course of action, and that we will work with the PBF and their General Counsel. He noted that we will continue to keep the board and PBF informed of any developments regarding this issue. Mr. Fogg requested that staff confirms whether this agenda item will be heard at the May 27 or June 10 BCC meeting. ADDITIONAL COMMENTS ON BEACH RENOURISHMENT Mr. Stanley Kallman commented on an offshore PB dredging project to renourish PB beaches which occurred about ten years ago. Mr. Dorrill commented that per Dr. Dabees, the last offshore beach resiliency project was 20 years ago, and that currently there are no pre -approved near -shore sand deposit sites. He noted that the cost of mobilizing an "ocean going" dredge is approximately $12-15 million. All Collier County beach renourishment projects in the last 20 years have utilized inland sand sources. Ms. Polke suggested that we look at expensive options to protect our expensive assets. She suggested that we need to have a joint meeting with the PBF Board to discuss beach renourishment options. Ms. Polke commented that all the public beaches in Collier County have been renourished except for Pelican Bay beaches. Mr. Coleman emphatically stated that all the public beaches in the County have not been renourished. Mr. Fogg commented that he will discuss "expensive options" with Mr. Ruffolo, PBF Board Chair, to determine the level of interest by the PBF. He noted that in theory we could contemplate a $30-40 million beach renourishment project but that it is just not practical to implement. Mr. Fogg directed Mr. Rodburg to include this issue on the next Clam Bay Committee agenda. The meetittzr was adjourned at 4:04 =approved rman r as presented OR as amended ON date E9