Agenda 01/10/2012 Item #16F1Proposed Agenda Changes
Board of County Commissioners Meeting
January 10, 2012
MOVE ITEM 16F1 TO ITEM 10C: RECOMMENDATION TO APPROVE
AND ADOPT RESOLUTIONS ADOPTED BY THE BOARD OF THE
PELICAN BAY SERVICES DIVISION AT A SPECIAL MEETING ON
DECEMBER 14, 2011, WITH RESPECT TO THE 1998 JOINT COASTAL
PERMIT OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION AND CLAM BAY RESTORATION AND MANAGEMENT
PLAN AUTHORIZED TO BE IMPLEMENTED UNDER THAT PERMIT.
(COMMISSIONER HILLER'S AND COMMISSIONER COYLE'S SEPARATE
REQUESTS)
Move Item 2B to Item 16I3: Public declaration of form 813, Memorandum of Voting Conflict for
County, Municipal and Other Local Public Officers, in reference to Item 8A on the Agenda of
December 13, 2011, filed by Commissioner Tom Henning. (County Attorney's request)
Continue Item 8A to the January 24. 2012 BCC Meetings This item requires that ex parte disclosure
be provided by Commission members. Should a hearing be held on this item, all participants are
required to be sworn in. PUDZ- 2003 -AR -3608: Orangetree PUD -- An Ordinance amending Ordinance
Numbers 2005 -42 and 2004 -73, the Orangetree PUD, to add 1,050 residential units for a total of
3,150 residential units; to add 100,000 square feet of office use and add 172,000 square feet of retail
use to the existing 60,000 square feet of retail for a total of 332,000 square feet of commercial
development; to revise the development standards including building height and setbacks and to add
allowable residential, commercial uses and mixed uses, and to eliminate the environmental
commitments, for property located in parts of Sections 11,12,13, 14, 22 through 27, Township 48
South, Range 27 East, Collier County, Florida consisting of 2,138.76 acres; and by providing an
effective date. (Commissioner Fiala's request)
Move Item 16A8 to Item 10F: Recommendation to approve Change Order No. 2 to Contract # 10 -5206,
with Atkins North America, Inc., for Design Services for Collier Area Transit Transfer Station, in the
amount of $99,900 for redesign and post design services, and to extend the contract by six hundred
seventy seven (677) days to account for the inclusion of construction and the completion schedule;
and to authorize the Chairman to execute the change order. (Commissioner Hiller's request)
Move Item 16A10 to Item 10E: Recommendation to approve an economic development agency report
required by Section 125.045, Florida Statutes and authorize the County Manager or designee to
submit a copy of the report to the Office of Economic and Demographic Research (EDR).
(Commissioner Hiller's request)
Move Item 16132 to Item 13132: Recommendation for the Community Redevelopment Agency (CRA) to
approve and execute a Commercial Building Improvement Grant Agreement between the CRA and a
Grant Applicant within the Bayshore Gateway Triangle area. (2 595 Tamiami Trail East, Fiscal Impact
$3,603) (Commissioner Hiller's request)
Proposed Agenda Changes
Board of County Commissioners Meeting
January 10, 2012
Page 2
Continue Item 16E4 to the January 24.2012 BCC Meeting: Recommendation to approve and authorize
the Chairman to sign the Assumption Agreement from Tectrans, Inc. to Keolis Transit America, Inc.
for Management Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program.
(Staffs request to make corrections to buyer's name within agreement)
Move Item 16173 to Item 10D: Recommendation to approve In- Market Meeting Planner Site and
Familiarization Guidelines for the Tourism Department to provide payment or reimbursement of
expenses related to attracting group meetings to Collier County and authorize payment of covered
expenses up to an annual total program cost of $150,000. (Commissioner Hiller's request)
Time Certain Items:
Item 1013 to be heard at 11:30 a.m.
Item 10C to be heard at 1:00 p.m.
1/10/2012 Item 16. F.1.
EXECUTIVE SUMMARY
Recommendation to approve and adopt the Resolutions adopted by the Board of the
Pelican Bay Services Division at a Special Meeting on December 14, 2011, with respect to
the 1998 Joint Coastal Permit of the Florida Department of Environmental Protection and
the Clam Bay Restoration and Management Plan authorized to be implemented under that
Permit.
OBJECTIVE: To make it clear that the Clam Bay Restoration and Management Plan that
references marking the main channel in Clam Bay has been amended to provide for the
installation of canoe trail markers and information signs throughout Clam Bay, as approved by
the Board of County Commissioners on June 14, 2011.
CONSIDERATIONS:
1. The Pelican Bay Services Division, as original permittee and author of the 1998 Joint
Coastal Permit issued by the Department of Environmental Protection and the Clam Bay
Restoration and Management Plan authorized to be implemented under that Permit,
which Plan by its explicit terms was designed as a dynamic document that is expected to
be and can be modified over time.
2. Since the formulation of the Plan in 1998, a dispute has arisen over a provision in the
Plan that requires: "Finally, the main channel will be marked in accordance with the
requirements imposed by the United States Coast Guard to ensure that those who use the
system clearly know where the channel is and the prohibitions of operating their water craft
outside the same." In early 2011, Collier County formed a Clam Bay working group to
determine the most appropriate marking and signage for Clam Bay. The Clam Bay working
group was composed of representatives of the Conservancy of Southwest Florida, the Sierra
Club, the Mangrove Action Group, the Pelican Bay Services Division, the Pelican Bay
Foundation, the City of Naples, and the Seagate Homeowners Associations. The Clam Bay
working group determined that canoe trail markers and information signs were most
appropriate for Clam Bay.
3. On June 14, 2011, the Board of County Commissioners instructed County staff to apply for
appropriate permits to authorize the installation of the canoe trail markers and information
signage approved by the Clam Bay working group.
4. The Florida Fish and Wildlife Conservation Commission issued a permit for the
installation of such canoe trail markers and signage on September 9, 2011 the United
States Army Corps of Engineers approved them on October 20, 2011, the United States
Coast Guard approved them on October 25, 2011, and the Florida Department of
Environmental Protection issued on November 2, 2011 its notice of intent to grant an
exemption and consent to use sovereign submerged lands for their installation.
5. Seagate Homeowners Association filed a complaint with Collier County Circuit Court in
November 2011 requesting that the Court enforce Seagate's interpretation of the 1998
Joint Coastal Permit by requiring Collier County to install red and green lateral
navigational markers in Clam Bay.
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1/10/2012 Item 16.F.1.
6. There is no support in the 1998 Joint Coastal Permit itself for the action that Seagate is
requesting the Court order Collier County to take. The sentence quoted above in the Plan
is the only basis for Seagate's lawsuit.
7. The Department of Environmental Protection has itself said in a June 9, 2008 letter that
this sentence does not require the installation of red and green lateral navigational
markers in Clam Bay.
8. At a special meeting on December 14, 2011, the Pelican Bay Services Division Board
unanimously approved a motion to adopt the attached Resolutions indicating that the Plan
has been amended to delete the sentence referenced above and to require the installation
of the canoe trail markers and informational signage as approved by the Clam Bay
Working Group, the Board of County Commissioners, the Florida Fish and Wildlife
Conservation Commission, the United States Army Corp of Engineers, the United States
Coast Guard, and which has received a notice from the Florida Department of
Environmental Protection of its intent to grant an exemption and consent to use sovereign
submerged lands for their installation.
9. The approval of the attached Resolutions by the Board of County Commissioners would
appear to make the lawsuit filed by the Seagate Homeowners Association moot and thus
would help to ensure that the appropriate canoe trail markers and informational signage,
as approved by the Board of County Commissioners and by every regulatory agency that
has taken final action on these markers and signage, are in fact installed in Clam Bay.
FISCAL IMPACT: The approval by the Board of County Commissioners of the attached
Resolutions will likely have a positive fiscal impact, in that they will increase the likelihood that
the lawsuit filed by the Seagate Homeowners Association will be speedily resolved without the
expenditure of significant time and effort by County attorney.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting
from this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approve and adopt the
attached Resolutions adopted by the Board of the Pelican Bay Services Division at its December
14, 2011 Special Meeting.
Prepared by: Mary McCaughtry, Operations Analyst, Pelican Bay Services Division
Reviewed by: Neil Dorrill, Administrator
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1/10/2012 Item 16. F.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.1.
Item Summary: Recommendation to approve and adopt the Resolutions adopted by the
Board of the Pelican Bay Services Division at a Special Meeting on December 14, 2011, with
respect to the 1998 Joint Coastal Permit of the Florida Department of Environmental Protection
and the Clam Bay Restoration and Management Plan authorized to be implemented under that
Permit.
Meeting Date: 1/10/2012
Prepared By
Name: McCaughtryMary
Title: VALUE MISSING
12/22/20113:44:19 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/27/2011 10:05:55 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/27/20113:06:50 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 12/31/20113:02:57 PM
Name: OchsLeo
Title: County Manager
Date: 1/3/201210:34:23 AM
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1/10/2012 Item 16.F.1.
RESOLUTION
WHEREAS, the Florida Department of Environmental Protection ( "DEP ")
Consolidated Joint Coastal Permit, Sovereign Submerged Lands Authorization and
Variance No. 0128463- 001 -JC (Previously 113 049919) (the "1998 DEP Permit ")
authorized the Pelican Bay Municipal Services and Benefit Taxing Unit known as the
Pelican Bay Services Division (the "PBSD ") as permittee to implement the Clam Bay
Restoration and Management Plan (the "Plan");
WHEREAS, the 1998 DEP Permit and the Plan were designed to deal with the
environmental degradation of Clam Bay that was occurring in 1998, and were not
designed to change the navigational characteristics of Clam Bay;
WHEREAS, there is nothing in the 1998 DEP Permit specifically dealing with
the installation of markers within Clam Bay, and, in fact, a careful review of the 1998
DEP Permit and all of the supporting findings of facts clearly indicates that the 1998 DEP
Permit required only the following markers in all of Clam Bay:
Section 3(h) (page 9/21 of the 1998 DEP Permit): "Permanent manatee
informational signs, such as those shown in the enclosed example sheets, shall be
installed and maintained at the canoe boat ramp at the southern end of Outer Clam
Bay following completion of the initial dredging event."
Section 5 (page 9/21 of the 1998 DEP Permit): "The Clam Bay ecosystem
contains waterways that are difficult to navigate due to shallow water depths and
meandering channels lined with protruding mangroves branches and roots. To
protect the significant natural resources and water quality of the Clam Bay
ecosystem, and to provide protection to the public safety (boaters utilizing these
waters), there shall be an idle speed /no wake restriction on motorized vessels used
in the system (as stipulated in County Ordinance No. 96 -16). The existing
restrictions placed upon boating activities within the Clam Bay system by County
Ordinance No. 96 -16 shall remain active and enforceable for the life of this
permit. Additionally, two Florida Marine Patrol approved signs that state: "Idle
Speed -No Wake" and "Caution- Shallow Water and Natural Resources Present -
Tilt Motor Up to Prevent Prop Dredge- Damage to Natural Resources Subject to
Fines, Pursuant to Chapter 370, F.S." shall be placed at the following locations
following completion of the initial dredging event:
1) One within the entrance to Clam Pass facing boaters entering the bays;
2) One at the entrance to Outer Clam Bay facing north and easily legible
to boaters entering Outer Clam Bay;
3) One at the entrance to Inner Clam Bay facing south and easily legible
to boaters entering Inner Clam Bay;
4) :One at the entrance to upper Clam Bay facing south and easily legible
to boaters entering Upper Clam Bay; and,
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1/10/2012 Item 16. F.1.
5) One within the upper reaches of Outer Clam Bay facing southeast and
easily legible to boaters leaving Seagate."
WHEREAS, the United States Army Corps of Engineers (the "Corps ") also
issued a permit at the same time as the 1998 DEP Permit (the "1998 Corps Permit "). The
Corps' Findings of Fact with respect to the 1998 Corps Permit also made it clear that the
1998 Corps Permit also did not contemplate any changes in navigation in Clam Bay. In
its evaluation of recreation considerations under the Public Interest Section of its findings
of Fact (Section 9.a (13), page 22/28), the Corps stated:
"(13) Recreation: The proposed Plan will not change the current recreational use
of the Bay, however, the Plan does contain a Recreational Component that will
address appropriate notification, signage, and policing of the Bay."
In its evaluation of navigation considerations under the same Public Interest
Section of its Findings of Fact (Section 9.a (11), page 22/28), the Corps stated:
(11) Navigation (33CFR320.4(o)): .... The original Plan sought to restrict the use
of motorized boats within the bay, but public outcry for historic riparian rights for
access to the bay caused a revision to the Plan to remove this restriction.
However, existing regulation by Collier County limits motorized vessel
throughout the bay to idle speed and no wake. In addition, the proposed Plan
would implement a provision for evaluation of boat traffic and any adverse
impacts to the Bay. The proposed Plan should not produce any significant
changes in navigation in the Bay."
WHEREAS, the foregoing two sections of the 1998 DEP Permit, Sections 3(h)
and 5, and Section (13) of the Corps Findings of Fact with respect to the 1998 Corps
Permit, contain the only mention of even signage in either the 1998 DEP Permit, the 1998
Corps Permit, or in any findings of fact issued by either agency in connection therewith
(collectively, the "Permit Documents "). There is no mention of markers anywhere in the
Permit Documents.
WHEREAS, the Plan did directly deal with motorized boating in Clam Bay, in
Section 3.3.2 dealing with the Proposed Recreational Component of the Plan:
Plan, pages 36 -38: "For the most part, Clam Bay remains inaccessible to
the general public....
Canoeing of the waterways within Clam Bay remains a popular activity for those
seeking a more intimate look at the estuary, and its wildlife or those seeking
solitude in the upper reaches of the bay. Fishing is also a frequent undertaking
from either the boardwalks or canoes. Swimming is confined to the beach area,
although there is a reasonable amount of wading in Clam Pass and back into the
estuary as much as 1,000 or so feet from the mouth of the Pass.
2
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1/10/2012 Item 16. F.1.
The use of motorized watercraft is not prohibited, and evidence of periodic use of
such is evident from observation. For the most part, the accumulation of
sediments and the shoaling that has taken place has resulted in physically
limiting the accessibility of Clam Bay to deeper draft boats and particularly
those equipped with engines. Most, if not all of the motorized boat traffic is
believed to originate in the Seagate residential area and be confined to the area
from Outer Clam Bay to Clam Pass. [emphasis supplied]
The Management Plan would not anticipate any change to the recreational use
characteristics of Clam Bay. The contemplated widening and deepening of Clam
Pass and the interior channels leading into Outer Clam Bay will not measurably
improve navigability. Earlier assumptions to the contrary have proved to be
inappropriate as the channel itself remains very confined. Further, since no
dredging of Outer Clam Bay is proposed, accessibility across the same will
not be noticeable improved. [emphasis supplied]
Presently, Collier County has enacted Ordinance 96 -16 which Ordinance provides
for the utilization of the Clam Bay area by motorized watercraft provided that
they operate at no wake and idle speed. The Management Plan recommends no
change in that protocol. The PBSD will however, in cooperation with the County,
vigorously enforce the existing Ordinance. Further, if significant adverse impacts
to the natural resources and water quality of the Clam Bay system are confirmed
by the Collier County Department of Natural Resources, the FDEP and the Corps
environmental staffs to be directly attributable to the use of motorized boats
within the Clam Bay system, then additional restrictions or adjustments in the use
of motorized boats within the Clam Bay system shall be considered for imposition
to ensure that the ecological integrity of the Clam Bay system is preserved....
Appropriate notification, signage and policing will be provided by the County and
the PBSD to ensure compliance. The signage will be strategically placed both at
the entrance to Clam Pass and in the areas around the boat ramp located at the
southern end of Clam Bay. These are intended to ensure that persons
accessing the Clam Bay system are informed of its unique ecological
characteristics, the limitations of access resulting from variations in water depth,
the existence of no wake /idle speed requirements for motorized boat operation
and importantly, the importance of staving out of areas as having maturing
seagrass beds and potential manatee habitat. Precise language to be included
in the signage will be determined in cooperation with the agencies post permit
issuance. [emphasis supplied]
WHEREAS, the only mention of markers that occurs in any document connected
with the Permit Documents is in the Plan, where, on page 38 and 39, the following
sentence occurs: "Finally, the main channel will be marked in accordance with the
requirements imposed by the United States Coast Guard to ensure that those who use
the system clearly know where the channel is and the prohibitions of operating their
water craft outside the same." [emphasis supplied]
K3
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1/10/2012 Item 16.F.1.
WHEREAS, the foregoing clearly indicates that the purpose of the referenced
markers was to protect maturing seagrass beds and potential manatee habitat in the main
channel by ensuring that those who use the system know about the importance of staying
out of such areas. [emphasis supplied]
WHEREAS, the residents of the community known as Seagate ( "Seagate ") have
contended for several years that this single sentence in the Plan mandates the installation
of red and green navigational markers in Clam Bay, not only in the "main channel,"
which is the only area that this sentence mentions to be marked, but also through Outer
Clam Bay.
WHEREAS, the PBSD, as the original permittee of the 1998 DEP Permit and the
1998 Corp Permit, and as the author of the Plan, is fully aware that neither the 1998 DEP
Permit, the 1998 Corps Permit, nor the Plan contemplated the installation of red and
green navigational markers anywhere in Clam Bay.
WHEREAS, the PBSD, as the original permittee of the 1998 DEP Permit and the
1998 Corp Permit, and as the author of the Plan, believes that the purpose of the
referenced markers was to protect maturing seagrass beds and potential manatee habitat
by ensuring that those who use the system know about the importance of staying out of
such areas.
WHEREAS, by the explicit terms of the 1998 DEP Permit and by the explicit
terms of the Plan the Plan was designed as a dynamic document that can be modified
over time:
General Condition 1 of the 1998 DEP Permit: All activities authorized by this
permit shall be implemented as set forth in the plans, specifications, and attached
drawings approved as a part of this permit, and all conditions and requirements of
this permit. The permittee shall notify the Department in writing of any
anticipated deviation from the permit so that the Department can determine
whether a modification of the permit is required.
Plan, page 4: "It is recognized that as management protocols are implemented,
monitoring conducted, and the demands on the natural ecosystem change, new
challenges and opportunities will develop beyond those presented in this plan.
The PBSD is aware that changes will occur and has development a Management
Plan that is dynamic and can be modified through time while still meeting the
PBSD's goals."
Plan, page 5: "The Report has been used to select those management protocols
that meet the goals established by the PBSD and related and interested stake
holders. The long -term goal of the Management Plan is that it be used as a tool
for evaluating new management options, as well as existing protocols as
circumstances require. It should be used minimally, on an annual basis, for
4
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1/10/2012 Item 16.F.1.
reviewing any new issues or options, as well as for evaluating existing operational
protocols. These analysis [sic] will assist in the prioritization for implementation
in the next ensuing year. SAs new management issues develop and others are
resolved or implemented, the Management Plan can be updated to reflect the
current and future needs of Clam Bay."
Plan, pages 5 -6: "The goals established by the PBSD for the Clam Bay
Management Plan are:.... develop operational protocols that allow the permit
holder to respond to changing circumstances under defined parameters ...."
Plan, page 8: "In the Section entitled the Role of the PBSD, the report discusses
a framework for the PBSD to become not only a clearinghouse and coordinator
for activities relating to Clam Bay, but also the primary manager of the
implementation protocols."
Plan, page 10: "As the official manager of the Management Plan, the PBSD will
direct and have responsibility for its implementation and operation over time. As
such, the PBSD will plan and implement identified management protocols. The
objectives of these management protocols will be to protect, enhance, and
maintain the natural resources and the ecological value of Clam Bay.
WHEREAS, the PBSD has treated the Plan as a dynamic document and has made
changes in implementation protocols over the life of the Plan, including, among other
things, determining what markers are most appropriate for Clam Bay to protect maturing
seagrass beds and potential manatee habitat by ensuring that those who use the system
know about the importance of staying out of such areas.
WHEREAS, the Chairman of the PBSD Board participated with representatives
of the County, the City of Naples, the Pelican Bay Foundation, the Mangrove
Action Group, the Sierra Club, the Conservancy of Southwest Florida, and Seagate on a
Clam Bay Marker Working Group to attempt to determine what marking system is most
appropriate for Clam Bay.
WHEREAS, the Chairman of the PBSD Board and the Clam Bay Working
Group, with the exception of the representative of Seagate, recommended the installation
of canoe trail markers and informational signs in Clam Bay in order (i) to protect
maturing seagrass beds and potential manatee habitat by ensuring that those who use the
system know about the importance of staying out of such areas, and (ii) to provide notice
to users of the system of the presence of shoals, and (iii) to provide notice to users of the
system that the system is being used by a variety of watercraft.
WHEREAS, the Board of County Commissioners for Collier County (the
"BCC ") considered on June 14, 2011 the recommendation of the Clam Bay Marker
Working Group and approved and adopted this recommendation and instructed Collier
County staff to seek to obtain a permit from the relevant authorities authorizing the
installation of these canoe trail markers and informational signs.
5
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1/10/2012 Item 16. F.1.
WHEREAS, the Collier County Director of Coastal Zone Management applied
for and obtained on September 9, 2011, a permit from the Florida Fish and Wildlife
Conservation Commission ( "FWC ") for the installation of these canoe trail markers and
informational signs.
WHEREAS, on October 20, 2011, the Corps notified Collier County as follows:
As long as the markers are consistent with Special condition 2 of the Corps permit
no. SAJ- 1996 -02789 an additional permit is not needed because the markers are
already authorized under this permit. The Corps will allow informational channel
markers instead of coast guard approved markers. The intent of this condition
within the Corps permit is to protect the resources while allowing safe passage.
The markers shown in the attached application appear to satisfy this requirement
and will bring the permit back in compliance. Please see the attached letter and
make sure to submit the requested documentation once the work is completed.
WHEREAS, on October 25, 2011, the USCG notified Collier County as follows:
This email is in response to the attached State of Florida, FWC permit 11 -020
dated September 9, 2011 for the establishment of information marks in Clam
Pass /Bay.
The USCG has no objection for the placement of the marks per the attached
permit.
WHEREAS, on November 2, 2011, the DEP gave notice of its intent to grant an
exemption and a consent to use sovereign submerged lands for the installation of these
canoe trail markers and informational signs.
WHEREAS, the PBSD considers the Plan to have been de facto amended to
provide for the installation of these canoe trail markers and informational signs by virtue
of the foregoing actions.
WHEREAS, in order to avoid any doubt regarding this fact, the PBSD Board
wishes to make it clear that the Plan has been amended to provide for the installation of
these canoe trail markers and informational signs.
WHEREAS, the PBSD has in the past assessed the residents of Pelican Bay to
fulfill its functions as the permittee under the Plan, and continues to assess the residents
of Pelican Bay to fulfill the other purposes of the PBSD with respect to Clam Bay as
outlined in Collier County Ordinance 2006 -05, which include the "the maintenance of
conservation or preserve areas, including the restoration of the mangrove forest
preserve...."
C:
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1/10/2012 Item 16.F.1.
WHEREAS, the Pelican Bay Foundation, Inc. (the "Foundation ") is the
homeowners association representing each of the residents of Pelican Bay who are
assessed by the PBSD.
WHEREAS, the PBSD is a dependent district of Collier County.
WHEREAS, the PBSD wishes to ensure that the residents who have been and are
being assessed by the PBSD to pay for the design and implementation of the Plan and for
ongoing matters involving Clam Bay being handled by the PBSD are represented in the
lawsuit brought by Seagate.
WHEREAS, the PBSD wishes to request that the Foundation intervene in the
lawsuit brought by Seagate in order to represent the interests of such residents.
NOW THEREFORE, the PBSD Board hereby resolves as follows:
RESOLVED, that the Plan and the 1998 DEP Permit to the extent it incorporates
the Plan have been amended in fact by the actions of (i) the Clam Bay Marker Working
Group in recommending the installation of canoe trail markers and informational signs in
Clam Bay, (ii) the BCC in approving and adopting this recommendation and in
instructing Collier County staff to obtain a permit from the relevant authorities
authorizing their installation, (iii) the FWC is permitting their installation, (iv) the Corps
in approving their installation, (v) the USCG in approving their installation, and (vi) the
DEP in providing a notice of intent to grant and exemption and consent to use sovereign
submerged lands for their installation; and be it further
RESOLVED, that in order to remove any doubt as to whether the Plan and the
1998 DEP Permit to the extent it incorporates the Plan have been amended in fact by the
actions of (i) the Clam Bay Marker Working Group in recommending the installation of
canoe trail markers and informational signs in Clam Bay, (ii) the BCC in approving and
adopting this recommendation and in instructing Collier County staff to obtain a permit
from the relevant authorities authorizing their installation, (iii) the FWC is permitting
their installation, (iv) the Corps in approving their installation, (v) the USCG in
approving their installation, and (vi) the DEP in providing a notice of intent to grant and
exemption and consent to use sovereign submerged lands for their installation, the Plan
and the 1998 DEP Permit to the extent it incorporates the Plan are hereby amended by
deleting the sentence on pages 37 and 38 of the Plan that provides "Finally, the main
channel will be marked in accordance with the requirements imposed by the United
States Coast Guard to ensure that those who use the system clearly know where the
channel is and the prohibitions of operating their water craft outside the same" and
inserting in lieu thereof the following: "Finally, Clam Bay will be marked with the canoe
trail marker and informational signs permitted by the FWC on September 9, 2011, and as
are covered by DEP's notice dated November 2, 2011, of intent to grant an exemption
and consent to use sovereign submerged lands for their installation; and be it further
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1/10/2012 Item 16.F.1.
RESOLVED, that the Chairman of the PBSD Board be and hereby is instructed
to provide a copy of these resolutions duly adopted by the PBSD Board to the Collier
County Attorney for such further action by the BCC as is deemed necessary and
appropriate; and be it further
RESOLVED, that the Foundation be and hereby is requested to intervene in the
lawsuit brought by Seagate in order to ensure that the residents of Pelican Bay who have
been and are being assessed by the PBSD to pay for the design and implementation of the
PIan and for ongoing matters involving Clam Bay that are being handled by the PBSD
are represented in the lawsuit brought by Seagate.
KeitTi J. Dallas, Chairm man
Pelican Bay Services Division Board
FE
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