Loading...
Agenda 11/13/2012 Item #16A18Proposed Agenda Changes Board of County Commissioners Meeting November 13, 2012 Continue Item 6A to the December 11, 2012 BCC Meeting: Public Petition request from Mr. Edward Dunphy regarding a process to reduce hauling and landfill expenses. (Petitioner's request) Continue Item 6B to the December 11, 2012 BCC Meeting: Public Petition request from Mr. Bob Krasowski regarding issues relating to beach renourishment. (Petitioner's request) Continue Item 16A18 to the December 11, 2012 BCC Meeting: Recommendation to execute a License Agreement with the Barefoot Beach Club Condominium Owners Association, Inc. and The Conservancy to allow for mangrove trimming and monitoring on County - owned property in the vicinity of Lely Barefoot Beach. (Staff s request) Continue Item 16D9 to the December 11, 2012 BCC Meeting: This item continued from the October 23, 2012 BCC meeting. Recommendation to approve a budget amendment recognizing $199,478.74 in program income revenue generated when conveying properties acquired under the Neighborhood Stabilization Program (NSPl). (Staffs request) Move Item 16E9 to Item 11N: Recommendation to approve a Third Amendment to Collier County Emergency Services Medical Consultant Contract to clarify the section related to compensation upon termination and add a section related to an annual performance evaluation process. (Commissioner Hiller's request) Move Item 16G1 to Item 14A3: Recommendation to establish the commencement date of the attached Collier Lease Agreement between the Collier County Airport Authority and Salazar Machine & Steel, Inc., as of December 1, 2012, and to provide the Airport Authority Executive Director the authority to waive the collection of rent until the final completion date of the ongoing improvements to the leased premises. (Commissioner Hiller's request) Move Item 16K2 to Item 12A: Recommendation that the Board of County Commissioners, in its capacity as the Collier County Airport Authority, memorializes its October 23, 2012 extension of, and amendments to, the Collier County Airport Authority Executive Director's Employment Agreement, and authorizes the Chairman to execute the Extension and Amendment Agreement. (Commissioner Hiller's request) Proposed Agenda Changes Board of County Commissioners Meeting November 13, 2012 Page 2 Continue Item 17E to the December 11, 2012 BCC Meeting: 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. CU- PL20120001757, Mac Business Plaza, a Resolution of the Board of Zoning. Appeals of Collier County, Florida, providing for the establishment of a Conditional Use in a C -3 zoning district to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located at the southeast corner of Tamiami Trail East and Barefoot Williams Road in Section 33, Township 50 South, Range 26 East, Collier County, Florida. (Petitioner's request) Time Certain Items: Item 11C to be heard at 2:30 p.m. Item 11J to be heard at 3:30 p.m. Note: Request to hear the Community Redevelopment Agency (CRA) regular agenda items (Items 14B) before the County Manager's Report (Items 11). Item 16J8: Pursuant to County staff research, four capital assets initially listed as missing on the back- up material need to have their status updated. Assets tagged as 30016629 and 30016630 were struck by lightning and should be labeled as destroyed, not missing. Radios tagged as 30016702 and 30016728 are still in service and will be removed from the list of dispositions. (Clerk's Finance Department request) 11/1312012 9:05 AM 11/13/2012 Item 16.A.18. EXECUTIVE SUMMARY Recommendation to execute a License Agreement with the Barefoot Beach Club Condominium Owners Association, Inc. and The Conservancy to allow for mangrove trimming and monitoring on County -owned property in the vicinity of Lely Barefoot Beach. OBJECTIVE: To allow for mangrove trimming and monitoring on County -owned property in the vicinity of Lely Barefoot Beach by the Barefoot Beach Club Condominium Owners Association, Inc. (Barefoot) and The Conservancy. CONSIDERATIONS: On June 14, 2011, the Board of County Commissioners (Board) directed staff to work with the Conservancy and Barefoot to work out an agreement for the trimming of the mangrove forest on County —owned property in the vicinity of Lely Barefoot Beach. County staff has worked with representatives of the Conservancy and Barefoot. Staff is supportive of the proposed trimming subject to the attached License Agreement and Mangrove Trimming Plan. Also attached is the Environmental Study Agreement between The Conservancy and Barefoot that specifies the monitoring activities that The Conservancy will perform for Barefoot. The Board has previously approved a Right -of -Entry for these entities to begin exotic plant removal and base -line monitoring. The details of the proposed trimming and monitoring activities are contained in the attached License Agreement. Barefoot has already obtained a Florida Department of Environmental Protection Permit for the trimming of approximately 2.64 acres of mangroves. The trimming will be conducted according to the requirements of this permit and further guided by the Plan. Staff has reviewed and is supportive of the Plan and the proposed trimming and monitoring activities. In addition to the trimming, Barefoot shall perform periodic maintenance of the area to include the removal of any invasive exotic vegetation and of any debris or trash material on County property. The Conservancy will perform monitoring to ensure that the trimming will not adversely affect the mangrove forest. Although the duration of the License is ten (10) years, the County reserves the right to terminate the License at any time. FISCAL IMPACT: There is no negative impact to the County. The County benefits by having Barefoot maintain the County property and The Conservancy monitor the mangrove forest. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. A majority vote is necessary for approval. (HFAC) RECOMMENDATION: That the Board of County Commissioners approve the proposed License Agreement to Barefoot and The Conservancy. Prepared by: Stephen Lenberger, Senior Environmental Specialist and William D. Lorenz Jr., P.E., Director, Natural Resources Department Attachments: 1) License Agreement, 2) Environmental Study Agreement, 3) Trimming and Management Plan Packet Page -1632- 11/13/2012 Item 16.A.18. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.18. Item Summary: Recommendation to execute a License Agreement with the Barefoot Beach Club Condominium Owners Association, Inc. and The Conservancy to allow for mangrove trimming and monitoring on County -owned property in the vicinity of Lely Barefoot Beach. Meeting Date: 11/13/2012 Prepared By Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive 10/18/2012 10:44:19 AM Submitted by Title: Environmental Specialist, Senior,Engineering & Env Name: LenbergerSteve 10/18/2012 10:44:21 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 10/23/2012 3:01:07 PM Name: AshtonHeidi Title: Section Chief /Land Use- Transportation,County Attor Date: 10/24/2012 2:35:38 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 10/25/2012 9:50:05 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/26/2012 5:05:08 PM Packet Page -1633- Name: KlatzkowJeff Title: County Attorney Date: 10/29/2012 9:38:48 AM Name: OchsLeo Title: County Manager Date: 11/3/2012 11:56:25 AM Packet Page -1634- 11/13/2012 Item 16.A.18. 11 /13/2012 Item 16.A.18. Return to: Name: Address: This Instrument Prepared by Thomas F. Mullin, Esquire Sundstrom, Friedman & Fumero, LLP 950 Peninsula Corporate Circle Suite 2020 Boca Raton, FL 3' )487 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA LICENSE AGREEMENT This LICENSE AGREEMENT (hereinafter referred to as the "License") is made this day of 2012, by and between BAREFOOT BEACH CLUB CONDOMINIUM OWNERS ASSOCIATION, INC., a Florida non-profit corporation ( "BAREFOOT "), whose principal address is 259 Barefoot Beach Blvd., Bonita Springs, Florida 34134, the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (the "COUNTY'"), whose principal address is 3299 Tamiami Trail E, Suite 303 Naples, FL 34112, and The Conservancy of Southwest Florida, Inc., a Florida non-profit corporation ("CONSERVANCY"), whose principal address is 1450 Merrihue Drive, Naples, Florida 34102. BAREFOOT, the COLTNM, and the CONSERVANCY may at times be referred to as a "Party" or collectively as the -Parties". Rev. 10,122/12 1 of 9 Packet Page -1635- 11/13/2012 Item 16.A.18. WITNESSETH WHEREAS, the COUNTY is the owner of certain real property located in Collier County, Florida, more specifically described in Exhibit "1" (the "County Property "); WHEREAS, BAREFOOT is the owner of certain real property directly abutting the County Property, more specifically described in Exhibit "2" (the "Barefoot Property "); WHEREAS, the CONSERVANCY is a publicly supported, tax exempt, non- profit organization qualified under Sections 501(c)(3) and 170(h) of the Internal Revenue Code, whose primary purposes include the preservation, protection, and enhancement of the natural resources and ecological values of land and its natural and/or open space condition; WHEREAS, BAREFOOT and the CONSERVANCY intend to perform an environmental study for researching and evaluating whether perpetual mangrove trimming will cause significant adverse impacts to the existing mangrove forest located on the Barefoot Property and the County AOk Property (the "Environmental Study'). WHEREAS, BAREFOOT and the CONSERVANCY seek the COUNTY's authorization to perform the Environmental Study and related mangrove trimming, management, and monitoring activities on the County Property, pursuant to the Environmental Study Agreement dated October $, 2012 between BAREFOOT and the CONSERVANCY; WHEREAS, in recognition of said Environmental Study Agreement, and BAREFOOT's need to conform with Florida Department of Environmental Protection Mangrove Trimming General Permit No. 11- 0209794 - 001 -M05 (the "Permit "), the COUNTY desires to grant to BAREFOOT and the CONSERVANCY a license to perform the Environmental Study and related mangrove trimming, management, and monitoring activities. Rev. 10,122/12 2 of 9 Packet Page -1636- 11 /13/2012 Item 16.A.18. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties intending to be mutually bound, hereby agree as follows: I. Recitals: Exhibits. The above recitals are true and correct and, along with all exhibits attached hereto, are incorporated herein by this reference. 2. Grant of License to BAREFOOT, The COUNTY hereby grants to BAREFOOT, and its successors and assigns, a license, over, under, across and through the County Property for the limited purpose of performing periodic trimming, management. and monitoring of the native and exotic vegetation, including mangrove trees and mangrove fringe areas, together with associated rights of pedestrian ingress and egress only as may be reasonably necessary to perform such trimming, management, and monitoring. Trimming shall be conducted by BAREFOOT as limited by the attached Exhibit In conjunction therewith, BAI,'-EFOOT shall perform periodic maintenance, including, but not be limited to, the removal of exotic vegetative species within the County Property and the removal of any debris or trash material on Y= the County Property at the time of performing, the periodic trimming, 3. Grant of License to the CONSERVANCY. The COUNTY hereby grants to the CONSERVANCY and its successors and assigns, a license to enter upon the County Property for the limited purpose of performing periodic monitoring activities, together with associated rights C of pedestrian ingress and egress only as may be reasonably necessary to perform such monitoring. The Parties hereby agree that the COUNTY shall not be responsible for any costs associated with such trimming, management, and monitoring. 4. Permits. BAREFOOT is responsible for obtaining, at no cost or expense to the COUNTY, all federal and state pen-nits and approvals necessary or appropriate to conduct the Rev. 10/22/121 3 of 9 Packet Page -1637- 11/13/2012 Item 16.A.18. proposed trimming, management, monitoring, and maintenance activities within the County Property. The use by BAREFOOT, and its employees, agents, contractors, representatives, or invitees, of the County Property, shall, at all times, comply Arith all applicable federal, state and local laws, rules, regulations, orders and requirements. The Parties agree that the rights hereby granted by this License shall be sufficient to satisfy the riparian rights requirements necessary for BAREFOOT to conform with the requirements and conditions of the Permit. 5. Responsibility for Fines. Should BAREFOOT's activities on the County Property, whether intentionally or negligently, violate any lawful and applicable governmental entities' permits, requirements, rules, acts, orders, regulations and restrictions, BAREFOOT shall be responsible for full payment of any fines, fees, charges, or penalties resulting therefrom. 6. Indemnification. BAREFOOT does hereby agree to indemnify, defend and hold the COUNTY harmless from and against any and all liability, claims, damages, costs and expenses arising in connection with personal injury, property damage, liens or violations of any Permits or other governmental laws, rules or regulations, suffered or occurring as a result of BAREFOOT's activities or the CONSERVANCY's activities within the County Property, whether conducted by BAREFOOT, the CONSERVANCY, or their employees, agents, contractors, representatives or invitees. Said indemnification and hold harmless shall include but not be limited to fines, fees, charges, penalties and any and all injuries sustained by persons or property that may be incurred due to BAREFOOT's action or inaction under this License, including but not limited to, misfeasance, malfeasance, nonfeasance, negligence or failure to carry out the terms and conditions of this License, as well as the responsibilities and related duties assumed herein by BAREFOOT. This indemnification shall include attorneys' fees and costs pre -suit and at the local and appellate court levels. ReN,. 1 0/22/12 4 of 9 Packet Page -1638- 11/13/2012 Item 16.A.18. 7. Sovereign Immunity. Nothing herein shall constitute waiver of any immunity enjoyed by the COUNTY under its sovereign authority. 8. Amendment. Waiver. This License may only be assigned, amended, or modified by an instrument executed by the COUNTY, BAREFOOT, and the CONSERVANCY. No waiver of any provision hereof shall be effective unless done so in writing signed by the party entitled to enforce such matter, nor shall any single waiver constitute a waiver of any subsequent obligation. 9. Duration. This License shall automatically expire ten (10) years from the date approved and executed by the COUNTY. The duration may be extended by written amendment. 10. Termination. The COUNTY maintains the discretion to terminate this License at any time, with or without cause, immediately upon written notice to BAREFOOT and the CONSERVANCY, after a duly noticed public hearing. Notice does not mean the placement of an advertisement in a newspaper. 11. Enforcement, Enforcement of the terms, provisions and restrictions of this License shall be at the reasonable discretion of the Parties, and any forbearance on behalf of a Party to exercise its right-, hereunder in the event of any breach hereof by the other Party shall not be deemed or construed to be a waiver of the non-breaching Party's rights hereunder. The Parties may enforce the terms and conditions of this License by injunctive relief and other appropriate available remedies. The Parties agree that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Rev. 10/22/12 5 of 9 Packet Page -1639- 11/13/2012 Item 16.A.18. 12. Counterparts. This License may be executed in two or more separate I counterparts, each of which shall be deemed an original, and all of which when taken together, shall constitute one and the same instrument. 13. No Third Party Beneficiaries. No person or entity shall be deemed a beneficiary of the terms of this License, unless specifically provided for herein. This License shall not constitute dedications to the public, and no member of the public shall have any rights hereunder. 14. Assignment. This License is not assignable. 15. Notices. Any notices to be delivered pursuant to this License shall be delivered to the parties at the addresses set forth in the preamble hereof. A Party may change its address for notice purposes by delivering; written notice thereof to the other party. Notices required by this License shall be effective if delivered by hand, overnight courier service, facsimile, or U.S. Mail, postage prepaid. Notices shall be deemed received within five (5) days of deposit in the mail if Amok sent by U.S. Mail, upon receipt by the sender of an electronic confirmation if sent by facsimile, upon delivery if hand delivered, and one (1) business day after deposit with any overnight courier service if sent in such manner. IN WITNESS WHEREOF, the undersigned have signed and sealed this document as of the day and year hereinafter set forth. Rev. 10/1-2/12 6 of 9 Packet Page -1640- 11 /13/2012 Item 16.A.18. EXECUTED by BAREFOOT this day of -2012. Witnesses: BAREFOOT BEACH CLUB CONDOMINIUM OWNERS ASSOCIATION, INTC., a Florida non-profit corporation Print Narne:. By: Print Name: Print Name: Title! [CORPORATE SEAL] STATE OF FLORIDA Ss COUNTY OF COLLIER Before me personally appeared the of BAREFOOT BEACH CLUB CONDOMINIUM OWNERS ASSOCIATION. INC., who is personally known to me or who produced as identification, and acknowledged to and before me that (s)he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this day of .2012. Notary Public, State of Florida Rev. 10/22/121 7 of 9 Packet Page -1641- 11/13/2012 Item 16.A.18. EXECUTED by the CONSERVANCY this day of 2012. Witnesses: THE CONSERVANCY OF SOUTHWEST FLORIDA, INC., a Florida non - profit corporation Print Name: Print ?*tame: STATE OF FLORIDA } ) SS COUNTY OF COLLIER ) By: Print Name: Title: [CORPORATE SEAL] Before me personally appeared , the , of THE CONSERVANCY OF SOUTHWEST FLORIDA, INC., who is personally known to me or who produced as identification, and acknowledged to and before me that (s)he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this day of . 201.2. Rev. 10/22/121 Notary Public, State of Florida 8 of 9 Packet Page -1642- M Accepted by COUNTY: ATTEST: DWIGHT E. BROCK, CLERK By: 11 /13/2012 Item 16.A.18. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk, FRED W. COYLE, Chairman Approved as to form and legal sufficiency: By: Heidi Ashton-Cick-o Managing Assistant County Attorney CP\10-ENS-00432107 Rev. 10122/12 9 of 9 Packet Page -1643- 11/13/2012 Item 16.A.18. e � . L.7 'F 42 - S 0- 200- 400 0 Et j& of AfaVrove Area Pmpeily Boundary Lkw CM8w propwly Lwm� Mti5" "-FEET- IT- -7 ♦ \7 Bihibit I T/K 3-ENDER, & ASSOCIATES, INC. Coun�y Prope-dy L'AWROMMAT.4L & ff.VZ&lrr4 C0iVSVZY;rff0 1"OR7 Ny If 80 -.76vllpl.7 Rl Packet Page -1644- I ilY17, r KNOT I.DVIa io 'F 42 .0-PPIMIT Tlrsl-rl 0) ivoll rl OR coiVsrRZ septwnbCr 19. 2012 ! Droviln(y HSCAl E Bihibit I T/K 3-ENDER, & ASSOCIATES, INC. Coun�y Prope-dy L'AWROMMAT.4L & ff.VZ&lrr4 C0iVSVZY;rff0 1"OR7 Ny If 80 -.76vllpl.7 Rl Packet Page -1644- I ilY17, r KNOT I.DVIa io ♦} ,� .s. a � + 4 11/13/2012 Item 16.A.18. Packet Page -1645- r 1 coo of Marrow Area _ �` A .... �.. Freparty aowldlla Y L.n& i Barefoot Prgparfy l P.�R.�FfIT US.G' ONZY, .VDT FOR CDNST.RIICTIOW September 19, 2012 9:20:49 O.M. Drawing: 68CA1 EXHlatT UVA T47 DEXTER BEKDER 'ASSOCIATES, INC. - Property VYIh'piVdflTJ?9L a. Lf4RINE S-ULrftV0 � 7 C3OsI � :FfBarefoot FORT N1aRS, fy , r9 -99) 0 Packet Page -1645- 11/13/2012 Item 16.A.18. EXHIBIT "T Limitations on Trimming and Management 1. Staking and Notice. Prior to trimming, Barefoot will clearly delineate, by staking and flagging, the boundaries of the trimming areas within the Mangrove Forest. Collier County Code Enforcement Department shall be notified at least two weeks prior to any trimming. The County may request to be present during trimming. 2. Shoreline Trimming. The trimming will not extend more than 500 feet waterward as measured from the trunk of the most landward mangrove tree in a direction perpendicular from the buildings to the shoreline. Trimming will occur in the riparian mangrove fringe of the Mangrove Forest. Barefoot will trim no more than 115,097 square feet, or "2.64 acres. I Height Trimming. a. Black and White Mangroves Black and white mangroves shall be trimmed to a height of no less than 20 feet. The height shall be measured at the base of the tree to the top of the canopy prior to trimming using a 20 -foot measuring rod to verify the minimum trim height, Trimming of black. and white mangroves will include topping and /or lateral limb removal. b. Red Mangroves No trimming vrill occur from the base of the tree to a height of 20 feet; however, Barefoot may laterally trim red mangroves above the height of 20 feet. The height shall be measured at the base of the tree to the top of the canopy prior to trimming using a measuring rod to verify the minimum lateral trim height of 20 feet. c. Trimming Schedule No more than 25% of the foliage of the mangroves in the mangrove forest may be trimmed each year. If the mangroves exhibit signs of significant stress, no maintenance trimming of the mangroves shall be performed until such time as it is determined that the mangroves have recovered from the prior trimming activities. 4. Access. Access to the proposed trimming areas will be on foot only. No vehicles or heavy machinertir will be used or stored in the Mangrove Forest. Trimming will be conducted by utilizing ladders and hand held equipment only. No climbing, spurs or spikes will be used. All cut material greater than'An diameter will be removed by hand to an upland location for disposal. All other cuttings including leaves and twigs smaller than '174 in diameter will be left in place to rejuvenate the soil. No herbicide or other chemical will be used for the purpose of removing leaves or limbs of a mangrove. Rev. 11701/12 Page l oft Packet Page -1646- 11/13/2012 Item 16.A.18. 5. Trimmina of Non - Mangrove Native Tree Species. Non-mangrove native trees, including buttonwood, cabbage palm, seagrape and strangler L, fig, shall be trimmed utilizing ANSI 300 trimming standards as a best management L, practice. For cabbage palms exceeding 20 feet in height, trimming shall be limited to the pruning of dead, or chlorotic, downward hanging fronds only (i.e., no trimming above the 9 o'clock and 3 o'clock positions) and no removal of green fronds. 6. Exotic and Invasive Species Removal. Barefoot shall conduct annual exotic and invasive species removal within the Mangrove Forest. Removal of exotics and nuisance vegetation {vines in particular) will take place prior to the initial and any subsequent mangrove trimming. Non-native, exotic and nuisance plants shall be killed in a manner consistent with current exotic vegetation treatment practices while reducing non-target damage to the maximum extent practicable. This may consist of hand clearing and "kill in place" methods. Large individual non-native trees (greater than 4" dbh) may be positioned in place. Cut stumps will be treated with an approved herbicide containing a visual tracer dye. All use of herbicides shall be applied by a licensed herbicide applicator in compliance with all labeling requirements. 7. Debris Removal. Barefoot shall perform monthly removal of debris within the Mangrove Forest as part of its regular maintenance activities. Rev. 10/22/12 Page'-) of 2 Packet Page -1647- 11/13/2012 Item 16.A.18. ENVIRONMENTAL STUDY AGREEMENT THIS ENVIRONMENTAL STUDY AGREEMENT is made this �4� day of bcC , , 2012, by and between BAREFOOT BEACH CLUB CONDOMINIUM OWNERS ASSOCIATION, INC. ( "Barefoot ") and THE CONSERVANCY OF SOUTHWEST FLORIDA, INC. (the "Conservancy ") RECITALS A. Collier County is the owner of certain real property directly abutting Barefoot's property as more particularly described in Exhibit "1" (the "County Property "); B. Barefoot is the owner of certain real property located in Collier County, Florida, as described in Exhibit "2" (the "Barefoot Property "); C. The Conservancy is a publicly supported; tax exempt, non - profit organization qualified under Sections 501(c)(3) and 170(h) of the Internal Revenue Code, whose primary purpose includes the preservation, protection, and enhancement of the natural resources and ecological values of land in its natural and /or open space condition; D. Barefoot and the Conservancy intend to perform an environmental study to research and evaluate whether perpetual mangrove trimming will cause significant adverse impacts to the existing mangrove forest located on the Barefoot Property and the County Property (the "Environmental Study "); E. The County, Barefoot and the Conservancy intend to enter into a License Agreement wherein the County will authorize Barefoot and the Conservancy to enter onto the County Property to perform the Environmental Study and all necessary and related mangrove trimming, management, monitoring, and maintenance activities. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby r� Page 1 of 5 Packet Page -1648- 11/13/2012 Item 16.A.18. acknowledged, Barefoot and the Conservancy intending to be mutually bound, hereby agree as follows: 1. The foregoing recitals are hereby incorporated into and made a part of this Environmental Study Agreement. 2. The Environmental Study shall be performed in accordance with the Trimming and Management Plan (the "Plan ") attached as Exhibit "3," which Plan, and all attachments thereto, is incorporated herein by reference. 3. Barefoot agrees to trim, perform annual maintenance on, and monitor the mangrove forest located on the Barefoot Property and the County Property pursuant to the Plan. 4. The Conservancy agrees to monitor the mangrove forest located on the Barefoot Property and the County Property as provided in the Plan. 5. Barefoot and the Conservancy agree to abide by the terms of the License Agreement when performing the Environmental Study and all necessary and related mangrove trimming, management, and monitoring activities on the County Property. 6. Barefoot and the Conservancy shall share equally all costs and expenses of the Environmental Study. Barefoot agrees to pay, within thirty (30) days after receipt, one -half (50 %) of the total amount set forth in each summary of personnel hours and expenses resulting from the Environmental Study provided by the Conservancy. During the first year of the Environmental Study, to address the large initial outlay of capital necessary to initiate the Environmental Study, the Conservancy will provide such a summary quarterly, for a total of four such summaries. Thereafter, in subsequent years of the Environmental Study, the Conservancy will provide, along with the Annual Report referred to in the Monitoring Program attached to the Plan, an annual summary of personnel hours and expenses resulting from the Environmental Page 2 of 5 Packet Page -1649- 11/13/2012 Item 16.A.18. Study. The Conservancy shall provide to Barefoot a revised estimate of costs and expenses every five (5) years, adjusted for inflation and other fluctuations in the costs and expenses associated with the Environmental Study. In any event, such costs and expenses shall not exceed those estimated costs and expenses provided by the Conservancy as part of the Monitoring Program attached to the Plan, as currently provided or as revised every five (5) years by the Conservancy. 7. This Environmental Study Agreement constitutes the entire agreement between the parties and may not be amended or modified except in writing by each of the parties. 8. This Environmental Study Agreement is the joint product of the respective parties and shall not be more strictly construed against any party. 9. This Environmental Study Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Whenever possible, each provision shall be interpreted in such a manner as to be effective and valid under applicable law; but if any provision shall be prohibited by or be invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions. 10. This Environmental Study Agreement may be executed in any number of counterparts (and by delivery of facsimile signature pages), each of which shall be deemed an original but all of which shall together constitute one and the same instrument. IN WITNESS WHEREOF, the parties by their duly authorized agents have signed this Environmental Study Agreement as of the day and year first written above. [Signatures Pages to Follow] Page 3 of 5 Packet Page -1650- 11/13/2012 Item 16.A.18. EXECUTED by BAREFOOT this '` day of �!_ f, r "":- ` , 2012. Witnesses: BAREFOOT BEACH CLUB CONDOMINIUM OWNERS ASSOCIATION, INC., a Florida non - profit corporation Print Name: / ,,L" r,,1i( i BY: PrmtName: S c k. wn =� - ; i") Print ame: ,11_ Title: � / STATE OF FLORIDA SS COUNTY OF COLLLER ) Before me personally appeared ' ''.' lld ((�', �J-C S of BAREFOOT BEACH CLt7 CONDOMINIUM OWNERS ASSOCIATION, ,__, INC., who is(pgi:so hall lrnown::to me or who produced as identification, and acknowledged to and before me that (s)he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this ' day of 2012. '/77 .,,„ p IM DAVIDS014 Notary Public, State of Florida . "E_: 1 *. MY COMMISSION NEE065t74 EXPIRES:Aptll3 2016 bonded lbiu Holory Public Undon'lAWS Page 4 of 5 Packet Page -1651- EXECUTED by the CONSERVANCY this 2012. Witnesses: Print Name:; %i - r� �� �� t4g—L ,2P 5 MKMOMME STATE OF FLORIDA ) SS COUNTY OF COLLIER ) 11/13/2012 Item 16.A.18. day of 6CJ , THE CONSERVANCY OF SOUTHWEST FLORIDA, INC., a Florida non - profit corporation By Print Name: Title: C °tJ Before me personally appeared CLndfer.J , the `( � , of THE CONSERVANCY OF SOUTHWEST FLORIDA, INC., who is perso all . known to me or who produced as identification, and acIcnowledged to and before me that (s)he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this V�a— day of �('_t , 2012. Notary Public, State of Florida WRGARET ANN OARQIS Notary Public -State of F1 Ida My Gomm Expires Nov 92, 2093 DD 939945 if �al;nnal Notary Assn, Page 5 of 5 Packet Page -1652- 11/13/2012 Item 16.A.18. EXHIBIT "1" COUNTY PROPERTY Packet Page -1653- 11/13/2012 Item 16.A.18. "��F � ,y, � ei ,� qtr+' • � .. 7. _ 1200 wv 400 D Exhibit 1 County Property � •s �' y i F� M��. .a � ^ ♦ ti `r"'r s _ w PL'RfffF US-' ONLY, .NOT FOR CONSTRUCTION September 19, 2012 9:20:49 a.m. Drawing: BBCA1 EXHIBIT 1.DWG W. DEXTER BENDER & ASSOCIATES, INC. .&'NMOMHEATAL & ff.4RINL' CONSULTING FORT rLAYLRS, .TL (239) 834 -3880 Packet Page -1654- r� h �� r r ,yl ! =y.! �►�, D Exhibit 1 County Property � •s �' y i F� M��. .a � ^ ♦ ti `r"'r s _ w PL'RfffF US-' ONLY, .NOT FOR CONSTRUCTION September 19, 2012 9:20:49 a.m. Drawing: BBCA1 EXHIBIT 1.DWG W. DEXTER BENDER & ASSOCIATES, INC. .&'NMOMHEATAL & ff.4RINL' CONSULTING FORT rLAYLRS, .TL (239) 834 -3880 Packet Page -1654- 11/13/2012 Item 16.A.18. EXHIBIT "2" BAREFOOT PROPERTY Packet Page -1655- 0 V SCALE . Y" V V 4 ♦ Ln� �� �r . i, tM 11/13/2012 Item 16.A.18. S% `, Barefoot op r t' ♦ tiL x PERWIT =—R Orb NOT 1'OR CO.NSTRU September 19, 2012 9: Drawing: BBCAt EX Rr .DEXTER BENDER & ASSOCIATES, INC. LNPIRON.ifds'ML & ff.4RIArZ CONSELTINC FORT &Y.E'RS, FL (,,289) 884 -3680 Packet Page -1656- ZY, G"TIOW 20:49 a.m. iIBIT 1.DWG �p 11/13/2012 Item 16.A.18. EXHIBIT "Y' TRIMMING AND MANAGEMENT PLAN Packet Page -1657- 11/13/2012 Item 16.A.18. BAREFOOT BEACH CLUB CONDOMINIUM OWNERS ASSOCIATION, INC. TRIMMING AND MANAGEMENT PLAN October, 2012 Packet Page -1658- 11/13/2012 Item 16.A.18. TABLE OF CONTENTS I. The Mangrove Forest ................................................................................ ..............................1 II. Proposed Trimming within the Mangrove Forest .................................. ..............................2 a. Shoreline Trimming ....................................................................... ..............................3 b. Height Trimming ........................................................................... ..............................4 i. Black and White Mangroves ................................. ii. Red Mangroves ........... ............................... iii. Trimming Schedul e ....................................... c. Professional Mangrove Trimmer ................................................. ..............................5 d. Forest Productivity Monitoring ................................................... ..............................6 III. Trimming of Non- Mangrove Native Tree Species .................................. ..............................7 ..............................7 IV. Annual Maintenance .................................................................................. a. Exotic and Invasive Species Removal .......................................... ..............................7 b. Vegetation Mortality .................................................................... ..............................8 c. Debris Removal .............................................................................. ..............................8 V. Monitoring .................................................................................................. ..............................9 EXHIBITS A. Aerial Depicting Mangrove Forest B. Mangrove Trimming Plan C. Monitoring Program Packet Page -1659- 11/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 1 In accordance with the 1996 Mangrove Trimming & Preservation Act, Florida Statutes, Sections 403.9321 - 403.9333 (the "Act'), Barefoot Beach Club Condominium Owners Association, Inc. ( "Barefoot "), submits the following Trimming and Management Plan (the "Plan ") to Collier County (the "County "). I. The Mangrove Forest Barefoot Beach is located in Sections 6 & 7, Township 48 S, Range 25 E, Bonita Springs, Collier County, Florida, with a physical address of 259 Barefoot Beach Blvd., Bonita Springs, Florida 34134. The plat for the Barefoot Beach subdivision was approved by the Board of County Commissioners of Collier County on October 17, 1989 and recorded in Plat Book No. 16, Page 55, Public Records, Collier County, Florida (the "Barefoot Beach Development "). Barefoot intends to trim, perform annual maintenance on, and monitor the mangrove forest located on the Barefoot Beach property and the County property described in and subject to the License Agreement between the County, Barefoot, and the Conservancy of Southwest Florida, Inc. (the "Conservancy "), which propel-ties are adjacent to the Barefoot Beach Development (the "Mangrove Forest "). An aerial depicting the Mangrove Forest is attached as Exhibit "A." The Mangrove Forest abuts four (4) buildings within the Barefoot Beach Development known as Buildings 4, 7, 9, and 11 (the "Buildings "). Barefoot's trimming and maintenance activities within the Mangrove Forest are intended to: 1) Provide an Environmental Study for researching and evaluating mangrove trimming and maintenance activities to determine whether perpetual mangrove trimming will cause significant adverse impacts to the Mangrove Forest; 0 Packet Page -1660- 11/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 2 2) Be more restrictive than the Act and any state laws that regulate the trimming and alteration of mangroves; 3) Protect, preserve, and maintain the valuable Mangrove Forest in a healthy and productive condition; and 4) Provide and maintain "view corridors" from the Buildings to Little Hickory Bay. Barefoot recognizes that the Mangrove Forest provides valuable benefits to its residents and the environment, including: prevention of shoreline erosion; food and habitat for fish and marine life; improvement of overall water quality of coastal waters; and protection of homes from wind damage. As such, Barefoot will conduct only the minimum amount of trimming necessary to provide and maintain "view corridors." II. Proposed Trimming within the Mangrove Forest On February 25, 2003, Barefoot obtained a permit from the Florida Department of Environmental Protection ( "DEP "), Application File No. 11- 0209794 - 001 -MA05 (the "Permit ") for the trimming of approximately 2.64 acres of mangroves within the Mangrove Forest. All trimming proposed by Barefoot and pursuant to the Plan shall be consistent with the Permit, subject to the restrictions contained herein, and use best management practices to preserve the health of the Mangrove Forest. Pursuant to Section 403.9325 of the Act, trimming includes the cutting of mangrove branches, twigs, limbs, and foliage, but does not include the removal, defoliation, or destruction of the mangroves. Trimming shall be conducted in conformity with the Act and in a manner and style that should maintain the Mangrove Forest and ensure the least loss of leaves resulting from the trimming activity. Packet Page -1661- 11 /13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 3 10 Barefoot's trimming shall comply with the conditions set forth in Section 403.9327(1)(a) of the Act. The trimming will be conducted on an annual basis subject to the conditions and limitations set forth in the Monitoring Program carried out by the Conservancy pursuant to and as part of the Environmental Study. Prior to trimming, Barefoot will clearly delineate, by staking and flagging, the boundaries of the trimming areas within the Mangrove Forest. Collier County Code Enforcement Department shall be notified at least two weeks prior to any trimming. The County may request to be present during trimming to review the method of trimming and ensure Barefoot's activities are in conformity with this Plan. The Mangrove Forest is populated by red, white and black mangroves, as well as other native tree species such as buttonwood, seagrape, strangler fig, and cabbage palm. The trimming includes both mangrove and non - mangrove, native plant species. a. Shoreline Trimming The trimming under the Permit and the Plan will not extend more than 500 feet waterward as measured from the trunk of the most landward mangrove tree in a direction perpendicular from the Buildings to the shoreline. Trimming will occur in the riparian mangrove fringe of the Mangrove Forest, which includes those mangroves growing along the shoreline on private property, property owned by a government entity, or sovereign submerged land. The trimming authorized by the Permit was calculated using aerial photography interpretation and ground truthed by VanasseDaylor, LLP, on December 4, 2002. The Mangrove Forest totals 236,546, square feet, or 5.43 acres. Of that, Barefoot will trim only 115,097 square feet, or 2.64 acres. The trimming area equals only 49% of the Mangrove Forest, which is 16% Packet Page -1662- 11/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 4 less trimming than that allowed under the Act. A copy of the Mangrove Trimming Plan is attached as Exhibit "B ". b. Height Trimming i. Black and White Mangroves Barefoot agrees to trim the black and white mangroves to a height of 20 feet. The height shall be measured at the base of the tree to the top of the canopy prior to trimming using a 20- foot measuring rod to verify the minimum trim height. Trimming of black and white mangroves will include topping and /or lateral limb removal as needed and appropriate to provide and maintain the view corridors from the Buildings to Little Hickory Bay. ii. Red Mangroves Barefoot recognizes the unique biological properties of red mangroves and agrees that trimming of red mangroves shall only include lateral limb trimming and shall not include topping. Barefoot agrees that no trimming will occur from the base of the tree to a height of 20 feet; however, Barefoot may laterally trim red mangroves above the height of 20 feet. The height shall be measured at the base of the tree to the top of the canopy prior to trimming using a measuring rod to verify the minimum lateral trim height of 20 feet. iii. Trimming Schedule Barefoot shall follow a trimming and maintenance schedule for regular maintenance trimming of the Mangrove Forest. In the first year of trimming, Barefoot shall not trim more than 25% of the foliage of the mangroves in the Mangrove Forest. For each year thereafter, an assessment of the health of the Mangrove Forest shall be performed to determine if there have been any significant adverse impacts to the mangroves as a result of the prior year's trimming Packet Page -1663- 11/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 5 and maintenance activities. If the mangroves exhibit signs of significant stress, no maintenance trimming of the mangroves shall be performed until such time as it is determined that the mangroves have recovered from the prior trimming activities. If no significant stress is determined, then regular periodic trimming may continue, with no more than 25% of the foliage of the mangroves within the Mangrove Forest trimmed annually. Such trimming shall occur for a ten (10) year period provided all other conditions of the Plan are met. Additional ten (10) year trimming periods may be approved by and upon approval of an extension to the License Agreement by the parties thereto. c. Professional Mangrove Trimmer All trimming shall be supervised or conducted exclusively by a professional mangrove trimmer, certified as such pursuant to Florida Statutes, Section 403.9327(1)(b). A professional mangrove trimmer includes those listed in Section 403.9329 of the Act. The certification and credential of the professional mangrove trimmer supervising and coordinating the trimming shall be provided to the County for approval prior to initial trimming activities. For annual maintenance trimming each year thereafter, the certification of the licensed mangrove trimmer shall be made available to the County upon request. Access to the proposed trimming areas will be on foot only. No vehicles or heavy machinery will be used or stored in the Mangrove Forest. Trimming will be conducted by utilizing Iadders and hand held equipment only. No climbing spurs or spikes will be used. All cut material greater than ' /a" in diameter will be removed by hand to an upland location for disposal. All other cuttings including leaves and twigs smaller than ' /a" in diameter will be left in Packet Page -1664- 11/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 6 place to rejuvenate the soil. No herbicide or other chemical will be used for the purpose of removing leaves'or limbs of a mangrove. d. Forest Productivity Monitoring As described in more detail in the Monitoring Program, the Conservancy will conduct monitoring of forest productivity within the Mangrove Forest for a period of five (5) years. If the results of the forest productivity monitoring indicate that forest productivity has not significantly decreased, then the trimming may continue for an additional five (5) year period. During this second five year period, the Conservancy shall continue to conduct its forest productivity monitoring as described in the Monitoring Program attached hereto as Exhibit "C." Further five (5) year trimming and monitoring periods may similarly be granted upon approval of extensions to the License Agreement. If the results of the Conservancy's monitoring indicate significant decreases in forest productivity, the Conservancy and Barefoot's consultant will evaluate potential causes, and the significance, of the decrease of forest productivity. Should the consensus of the Conservancy and Barefoot's consultant be that the decrease in forest productivity is an indication of a decrease in the overall health of the Mangrove Forest, Barefoot agrees to halt the periodic trimming until such time as a consensus can be achieved as to when appropriate trimming and maintenance may be resumed. If the consensus is that the decrease of overall health is attributed to trimming, Barefoot agrees to modify its trimming and maintenance activities in a manner that will result in recovery of the forest productivity of the Mangrove Forest. If under either scenario there is no consensus, the Conservancy and Barefoot will follow the dispute resolution process described in the attached Monitoring Program. Packet Page -1665- 11/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 7 III. Trimming of Non - Mangrove Native Tree Species There are several native tree species other than mangroves that are located within the Mangrove Forest. These include, but are not limited to, buttonwood, cabbage palm, seagrape, and strangler fig. Non - mangrove native trees shall be trimmed utilizing ANSI 300 trimming standards as a best management practice. For cabbage palms exceeding 20 feet in height, trimming shall be limited to the pruning of dead, or chlorotic, downward hanging fronds only (i.e., no trimming above the 9 o'clock and 3 o'clock positions) and no removal of green fronds. IV. Annual Maintenance In addition to the periodic trimming described above, Barefoot shall conduct additional regular maintenance activities within the Mangrove Forest as provided herein. Such regular maintenance activities include the annual removal of exotic and invasive species and monthly removal of debris within the Mangrove Forest. a. Exotic and Invasive Species Removal In addition to the periodic mangrove trimming schedule, Barefoot shall conduct annual exotic and invasive species removal within the Mangrove Forest. Such exotic and invasive species include, but are not limited to, excessive vine growth and all non - native, exotic vegetation (defined as species listed in the Collier County Land Development Code Section 3.05.08 and Florida Exotic Pest Council Categories I and II). Removal of nuisance vegetation and exotic species may be conducted at any time within the Mangrove Forest. Barefoot further agrees that the removal of exotics and nuisance vegetation (vines in particular) will take place prior to the initial and any subsequent mangrove trimming as this will open up the view corridors and decrease the amount of mangrove trimming within the Mangrove Forest. It is anticipated that Packet Page -1666- 11/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 8 any areas of open canopy which result from the removal of exotics and nuisance vegetation will promote mangrove seedling and sapling growth in the understory. Eradication of any exotic or nuisance vegetation in the trimming areas, as well as the Mangrove Forest, will prevent further infestation of exotics and nuisance vegetation. Vegetation Removal Permits from the County shall not be required to remove vegetation pursuant to the Plan. Non - native, exotic and nuisance plants shall be killed in a manner consistent with current exotic vegetation treatment practices while reducing non- target damage to the maximum extent practicable. This may consist of hand clearing and "kill in place" methods. Large individual non- native trees (greater than 4 "dbh) may be poisoned in place. Cut stumps will be treated with an approved herbicide containing a visual tracer dye. All use of herbicides shall be applied by a licensed herbicide applicator in compliance with all labeling requirements. b. Vegetation Mortality Prior to vegetation trimming, the condition of the proposed trimming area will be documented in a Baseline Monitoring Report as described in the Monitoring Program. Annual monitoring reports documenting the condition of the mangroves will be prepared by the Conservancy and made available to the County upon request. The reports will include data on any tree mortality observed within the Mangrove Forest. c. Debris Removal Barefoot shall perform monthly removal of debris within the Mangrove Forest as part of its regular maintenance activities. The debris removal is intended to increase water quality within the Mangrove Forest through removal of trash and debris. Packet Page -1667- 11/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 9 V. Monitoring The Conservancy will monitor all trimming and maintenance activities within the Mangrove Forest per the Monitoring Program attached hereto as Exhibit "C" and incorporated herein by reference. Monitoring shall be conducted at least annually in the manner set forth in the Monitoring Program or as otherwise determined by the Conservancy in furtherance of the Environmental Study. The monitoring and preparation of an annual report will be prepared by a qualified biologist or ecologist of the Conservancy. A draft report will be submitted to Barefoot for review and comment prior to finalization. Annual reports shall be made available to the County upon request. Packet Page -1668- 11 /13/2012 Item 16.A.18. EXHIBIT "A" AERIAL DEPICTING MANGROVE TRIMMING AREA Packet Page -1669- ­ e_-! jr }k�L a r," a� Cl. .1 �4 n O 11/13/2012 Item 16.A.18. f >� =+� OyWt �20U" 4.00 y} . SCALE` ' FEET, X. r ) � fi � f Y y • r J.. Edge of t gvWove Area - - — ProxerPy Boundary Line Mangrove Forest P.E'RffIT USE ONZY, NOT FOR CONS.? , O.N September 21, 2012 11:16:53 a.m. Drawing: BBGA1 EXHIBIT 1.DWG W. DEXTER BENDER Exhibit & ASSOCIATES, INC. ENV R0Mff +'NTf1L & ffARINL' CONSULTINC FORT fflT'R.S, FL (239) 334 -3080 Packet Page -1670- 11/13/2012 Item 16.A.18. EXHIBIT `B" MANGROVE TRIMMING PLAN Packet Page -1671- Q z w e� N tO �o a L.) Lu w NXLL ao °d 9 ox x (1 t 1 r ♦ C, J� N W fl. O O LU e- i 0 I Exhibit B Packet Page -1672- 11/13/2012 Item 16.A.18. C7 LO � O o a. "t N N 4: CA o U N iJO om " k, 'o W� rn co `tip _° Q ~O o Qo N ��M y (Z� CIL J °v DC� w0 ♦ t b 0 o" L C UM o� o � 00 N ` ti y � aw�i �•O w •G�VbO vain p,p � 0 V�oa� O tUU by ti Ls O U p 3 v •o�Eo °�„ ' b o y 0),--, oocd'�. p�C ^�11 0 4 L % c v4oW� a szi 0 V rvrhh.� v, z:z Q Q w� A w vJ O O� o� V Z O U Q W m o V 11/13/2012 Item 16.A.18. EXHIBIT "C" MONITORING PROGRAM Packet Page -1673- 11/13/2012 Item 16.A.18. BAREFOOT BEACH CLUB CONDOMINUM OWNERS ASSOCIATION, INC.'S MONITORING PROGRAM The trimming of the mangroves by Barefoot Beach Club Condominium Owners Association, Inc. ( "Barefoot ") will be used as a test case to investigate, monitor, and evaluate the effects of trimming on individual mangroves and on the overall productivity of the mangrove forest. Assessments will occur by The Conservancy of Southwest Florida, Inc. (the "Conservancy ") prior to the first trimming to establish a baseline and then annually thereafter prior to any subsequent trimming. Mangrove Monitoring Monitoring procedures will be employed to determine whether or not mangrove trimming is having an adverse affect on the forest over time. As described in more detail below, the monitoring procedures to be implemented will consist both of individual tree assessment and overall forest productivity. As such, it is necessary to evaluate each tree that will be trimmed prior to initial trimming and before any subsequent trimming is permitted. Additionally, forest productivity will be estimated pre- and post - trimming to assess the effect trimming may have had on overall mangrove forest viability. Such monitoring will be conducted on an annual basis and assessed at 5 -year intervals. The annual and 5 -year assessment schedule is described in more detail in the Trimming and Management Plan attached to the Environmental Study Agreement between Barefoot and the Conservancy. Site Preparation: It is necessary to clearly delineate the areas to be trimmed and flag all mangrove trees that are targeted for trimming by Barefoot, before mangrove forest assessment can commence. Prior to the initial mangrove trimming, rectangular grids will be established perpendicular to the shoreline. Grid width will be dependent upon tree density and extend outward in varying lengths dependent upon the curvature of the area. The purpose of the grids is to assist biologists in tagging and assessing each mangrove tree and to facilitate locating individual mangrove trees during subsequent monitoring visits. Within the grids randomly selected reference (non - trimming areas) and treatment (trimming areas) plots will be established to assess forest productivity. In the event that suitable reference plots cannot be established within the targeted area, then the mangrove area adjacent to the targeted area will be used as a reference area. A total of 4 treatment and 4 reference areas will be assessed for forest productivity. The exact location of the plots will be determined on -site depending on exact areas to be trimmed. Individual Mangrove Tree Assessment: All mangrove trees scheduled to be trimmed will be flagged prior to the baseline assessment and any subsequent trimming activities by Barefoot. Global Positioning Systems (GPS) will be used to determine the location of each tree within the study area targeted for trimming and assessment. In the event that GPS instrumentation is ineffective (due to canopy cover) the distance and bearing of each mangrove (tree) will be measured in relation to center points within each grid to determine the exact location of each tree. All mangrove trees scheduled to be trimmed and any other mangrove trees not scheduled to be trimmed with a diameter at breast height (DBH) of greater than 5 cm within each grid and greater than 20 feet tall will be identified to species, tagged, measured (DBH) and visually classified for condition (alive, dead, stressed, or very stressed) prior to trimming and annually October, 2012 Packet Page -1674- 11/13/2012 Item 16.A.18. thereafter prior to any subsequent trimming. The height requirement has been set at 20 feet since no trees less than this height will be trimmed. If during subsequent trimming activities mangrove trees are targeted for trimming that have not been previously assessed they will be added to the database. Annual sampling will also include photographs from fixed stations throughout the study area. Floristic composition criteria will be used to characterize and assess each mangrove tree over time, along with percent canopy, and overall seedling recruitment and tree mortality. Tree health evaluations will be based upon the Conservancy of Southwest Florida Data Collection Protocol for determining health of mangrove trees. (Updated 2010, 2012), which is based upon Standardized Mangrove Data Collection Protocols developed for previous tree assessments over the years and substantiated by work described by Duke, et. al., 2010; Saintilan, 2010; and FRC Environmental 2008/2010. Criteria used to assess mangrove tree condition will include an evaluation of each individual tree for growth, health, branch and leaf loss, root and stem rot, wilting, yellowing, galls, insect infestation (boring beetles in particular), cracking, main and arterial stem damage (i.e. stress related physical cues), visible inundation stress, soil characteristics leading to inundation stress, and disease (Cytospora rhizophorae in particular). Repetition of this exercise in subsequent monitoring visits will enable an assessment of individual tree changes over time. It is important to discern causes of any mangrove mortality within the study area as tree death could be caused by other factors not related to trimming, but rather as a result of senescence, disease or natural weather related phenomena. This mangrove forest may be, and has in the past been, affected by various tropical storms and hurricanes. Since mangrove trees take a long time to die following such storm events, it is possible that some trees within the study area may expire. In the event that mangroves die, efforts will be made to differentiate cause(s) of death to prevent erroneous assumptions that trimming caused the tree to die. In the event that a natural weather related event occurs during the timeframe when trimming is ongoing, efforts will be made to quantify storm damage to individual mangrove trees. This type of assessment will include an evaluation of the following: Stem Damage: Qualitative assessment of uprooting, breakage, leaning and cracking. Branch Damage: Qualitative branch loss per tree, mainstem loss versus arterial loss. Mortality: Tree Death (including subsequent collateral damage to living trees from treefall. Re- growth: Vegetative recovery of surviving stems through qualitative classification of re- sprouting, leaf regeneration and root growth. In the event that, after trimming, a tree shows signs of stress or deterioration to the extent that the Conservancy's biologists have determined that trimming should be suspended until its condition improves, the following procedure will be employed: 1) Trees that are categorized as stressed will be compared to pre - trimming status and efforts will be made to determine stressors to that individual tree. 2) The Conservancy will set up consultations with Barefoot's environmental consultant, (presently, W. Dexter Bender & Associates, Inc.), on site to seek a consensus regarding the tree or trees in question. Page 2 Packet Page -1675- 11/13/2012 Item 16.A.18. 3) If both the Conservancy and Barefoot's environmental consultant reach a consensus that the tree(s) are stressed to the point that the tree(s) should not be trimmed, then the tree and /or trees in question will not be trimmed during the subsequent trimming cycle until its condition improves. 4) If in the unlikely event that the Conservancy and Barefoot's environmental consultant cannot reach a consensus, then an independent opinion will be solicited from a qualified mangrove biologist agreed upon by both parties, and such opinion shall be binding on Barefoot and the Conservancy. In the event that a tree is classified as very stressed, it will not be trimmed until it has either recovered or died. These trees will be marked with a unique color of flagging to prevent accidental trimming. The data will be used to calculate the following standard baseline floristic forest characteristics: number of individual trees and saplings, tree relative and absolute density of species, mean DBH, total basal area, mean basal area, absolute and relative dominance, complexity indices, and coverage. Time series evaluation and statistical comparative methods will be used to determine whether or not any changes in the floristic characteristics of the forest are significant (p < 0.05). Specific statistical tests used will be dependent upon whether the data set is parametric or non - parametric, which will determine what specific tests are statistically appropriate. Forest Productivity: Mangrove forest structure can affect primary productivity as is directly related to photosynthetic plant capacity. The extent of the surface area of the leaves is likely the critical factor affecting primary productivity. Primary production affects canopy size, foliar volume, and density, which can have an affect on fisheries and even global climate change due to high carbon sequestration. Forest productivity can be estimated from measurements of three parameters including: 1) average LAI (leaf area index); 2) average rate of canopy photosynthesis; and 3) day length. LAI is defined as the single -side leaf area per unit ground area. LAI measurements are typically used in estimating productivity due to established relationships between this measurement and ecological processes. Various methods have been historically used to measure LAI involving variations of leaf sampling or litterfall collections. These methods tend to be very time - consuming and labor intensive and require intensive repetition over a period of 1 -2 years prior to establishing baseline conditions. New techniques based on gap fraction analysis that relates leaf area to canopy transmittance reduces field time and can shorten baseline data collection. Gap Fraction Analysis involves collection of simultaneous readings of light flux density under the canopy and light flux density outside of the canopy using two PAR detectors that have been calibrated to specific wavelengths and connected by a radiometer. Since LAI is a function of canopy transmittance given by the ratio Ic/lo where I, = light flux density beneath canopy and Io = light flux density outside canopy. LAI can be calculated from these variables and corrected for the angle of the sun from vertical. This method is less time - consuming and can be limited to wet and dry season measurements. Page 3 Packet Page -1676- 11 /13/2012 Item 16.A.18. Methods for Determining Forest Productivity Measurement of LAI using gap fraction analysis will be employed to estimate forest productivity through calculations. This method relies on a coefficient not specific to the area (instead of measuring canopy photosynthesis directly) and thus yields a less reliable estimate of net primary productivity. However, it is useful for comparisons between forests and for monitoring changes within a forest, which is one of the goals of this project. Measurements of leaf area and canopy transmittance (as described above) will be performed at the reference and treatment plots established during site preparation during the wet and dry season. Data collected will be used to calculate forest productivity using standard forest photosynthetic formulas. Baseline productivity data will be collected during the wet and dry seasons prior to trimming and on an annual basis prior to any subsequent trimming. Every five (5) years, comparisons will be made from areas that were trimmed versus reference areas within the same forest that were not trimmed. Time series ANOVA or comparable non- parametric statistical tests of reference and treatment data will be used to determine whether or not any changes in forest productivity are significant (p:5 0.05). If, after five (5) years, there is a statistically significant decrease in forest productivity, which indicates that the trimming areas are being negatively impacted, consultations with Barefoot representatives and the Conservancy will occur that could result in subsequent trimming cycles being delayed until the productivity improves or even discontinued if warranted. Additional details concerning forest productivity monitoring, and the responses to any significant decrease in forest productivity, are provided in the Trimming and Management Plan. Reporting: Reports containing the results of mangrove monitoring and forest productivity will be prepared by the Conservancy and submitted annually to Barefoot and Barefoot's environmental consultant (presently, W. Dexter Bender & Associates, Inc.), for review and subsequent discussion, if warranted. Thereafter, such reports will be made available to Collier County Environmental Services upon request. Approximate Timeline: This proposed timeline is subject to change depending upon the season and the number of trees on the site. Page 4 Packet Page -1677- $§ d, ) mEC kC � z k / 5 § 6\ «E \ k �C ) 2 � u �g �E 20 ik C� � / J kk kk §( odr- 11/13/2012 I m 16.A.18. 2 x � I \ 2ƒ x x x s {2 2 & x x / ~§± \kc §')2 Q & � » \k�k 2k�u 22E & x x mo=o ®ate 33■ 2 x x x \) \ ( f CU /w CU a 0 ¥ }u � # ) u § vi \ ( « &� � \/ � M k2 k fA Gda to { k \} �} �\ o, 4§§ k\ \ ) ƒ \/ƒ 2. \ /2\ 3] L\ G@jaG ( ¥ fg § §] § t tic ® \ CD /j o b CL ` u} } �\ �/ }�\ ��0 \/ e M W C.4 \ )6 \G A§3 ]/ {V) /[ Packet Page -1678- \ Q 11/13/2012 Item 16.A.18. Budget: Projected cost of this project is on a not to exceed basis. Currently, the exact number of mangrove trees that will be trimmed is unknown (trees have not been marked yet), and, therefore, this budget errs on the higher side of costs as actual costs will depend on the area extent and the number of mangrove trees to be trimmed. A factor that impacts this project's budget is the project start time. If the project starts during the wet season the afternoon rains will increase the length of time necessary to do the initial round of mangrove tagging and characterization and, as a result, may possibly double the cost. Therefore, although wet season measurements may be performed to determine wet season productivity, the bulls of the site preparation and baseline monitoring will not occur until the dry season in November and December of 2012 to keep costs down. As previously discussed, this project will be cost shared between the Conservancy (50 %) and Barefoot (50 %). The following pages detail an itemized budget divided into Year 1 and subsequent years. During Year 1 of this project, the Conservancy will provide to Barefoot a quarterly summary of the Conservancy's personnel hours and expenses. Thereafter, in subsequent years of this project, a summary of the Conservancy's personnel hours and expenses will be provided to Barefoot with each annual monitoring report. Barefoot will pay, within thirty (30) days of receipt, one -half (50 %) of the total amount set forth in each such summary of personnel hours and expenses, provided, however, that such costs and expenses shall not exceed the estimated budget for that such year. The Conservancy shall provide to Barefoot a revised budget of estimated costs and expenses every five (5) years, adjusted for inflation and other fluctuations in the costs and expenses. Page 6 Packet Page -1679- 11/13/2012 Item 16.A.18. BUDGET Year 1 PROJECT TITLE: Barefoot Beach Condominium Mangrove Trimming Test Case loftwft The first year of monitoring will be the most expensive due to initial field setup and start up equipment costs Year 1 Budget includes Site Preparation and Setup, Individual Mangrove Assessment, Forest Productivity Assessment, Database management, Data analysis, and report 1 1. PERSONNEL EXPENSES A. Salaries - (Name/Title /Position) P.I. Kathy Worley Biologist/ Stats Tech Dr. Jeff Schmid Biologist Ian Bartoszek Biologist Melinda Schuman Intern B. Fringe Benefits (Rate% * Total salaries applicable 2. Supplies Description flag ain9 DBH tapes Tree Tags Wire Pliers Densiometer 3. Equipment Description Radiometer w/ two PAR sensors covering a wide range of wavelengths necessary in mangrove forests Leaf Area Imager GPS Rangefinder Brunton pocket transit Total Equipment 4. Travel Purpose /Destination Miles Site Work 35 6. Other Expenses (Itemize) Description Copies Printing Office Supplies Rate /hr ($) Hours Totals ($) 29.1 * 275 = 8002.50 27.6 * 0 = 0.00 21.2 * 200 = 4240.00 16.85 * 220 = 3707.00 3.75 * 220 = 825.00 Total Salaries 16774.50 Rate % Total Sal. App. Total $ 29.00% * 16774.5 4864.61 Total Personnel Expenses (A +B) Unit Cost $ Quantity Totals $ 1.29 * 12 = 15.48 50 * 2 = 100.00 200 * 1 = 200.00 27 * 1 = 27.00 15 * 2 = 30.00 109 * 1 = 109.00 * Total Supplies 481.48 Unit Cost $ Quantity Totals $ 2500 * 1 = 2500.00 5000 * 1 = 5000.00 200 * 1 = 200.00 320 * 2 = 640.00 310 * 2 = 620.00 Option 1 8960.00 Mileage rate Trips Totals $ 0.555 * 22 ] = 427.35 Total Travel 427.35 Unit Cost $ Quantity Totals $ 100 * 1 = 100.00 50 * 1 = 50.00 100 * 1 = 100.00 * = 0.00 Total Miscellaneous 250.00 8. Total Budaet Total for Year 1 31757.94 Note: Cost figures are on a not to exceed basis and could be less dependant upon the number of trees targeted for trimming at the site. Page 1 of 2 Packet Page -1680- 11/13/2012 Item 16.A.18. BUDGET SUBSEQUENT YEARS PROJECT TITLE: Barefoot Beach Condominium Mangrove Trimming Test Case Subsequent Years Budgets -are on an annual basis and includes Individual Mangrove Assessment, Forest Productivity Assessment, Database Management, Data analysis, and Reports 1. PERSONNEL EXPENSES A. Salaries - (Name /Title /Position) P I Kathy Worley Biologist/ Stats Tech Dr, Jeff Schmid Biologist Ian Bartoszek Biologist Melinda Schuman Intern B. Fringe Benefits (Rate% * Total salaries applicable) 2. Supplies (Most Supplies Accounted for in Year 1 Description Flagging D B H tapes Tree Tags Wire Pliers Densiometer 3. Eguipment (Accounted for in Year 1) Description Radiometer w/ two PAR sensors able to cover a wide range of wavelengths necessary in mangrove forests Leaf Area Imager GPS Rangefinder Brunton pocket transit 4. Travel Purpose /Destination Site Work Rate /hr ($) Hours Totals M 29.1 * 200 = 5820.00 _ 27.6 * 80 = 2208.00 21.2'* 175 = 3710.00 16.85 * 175 = 2948.75 3.75 * 175 = 656.25 * = 0.00 Total Salaries 15343.00 Rate % Total Sal, App. Total $ 29.00% * 15343 4449.47 Total Personnel Expenses (A +B) Unit Cost $ Quantity Totals $ 1.29 * 12 = 15.48 * Total Supplies 15.48 Unit Cost $ Quantity Totals $ * = 0 * = 0 * = 0 * = 0 * — 0 Total Equipment 0 Miles Mileage rate Trips 35 * _ 0.555 * 16 ] Total Travel 6. Other Expenses (Itemize) Description Copies Printinq Office Supplies Annual Maintenance and Calibration of Equipment 8. Total Budoet Total for Subsequent Years (per year) Unit Cost $ Quantity 100 * 1 50 * 1 100 * 1 500 * 1 * Total Miscellaneous 20868.75 Totals $ 310.80 310.80 Totals $ 100 — 50 100 500 750 Note: Cost figures are on a not to exceed basis and could be less dependant upon the number of trees targeted for trimming at the site. Page 2 of 2 Packet Page -1681- 11 /13/2012 Item 16.A.18. BAREFOOT BEACH CLUB CONDOMINIUM OWNERS ASSOCIATION, INC. TRIMMING AND MANAGEMENT PLAN October, 2012 Packet Page -1682- 11/13/2012 Item 16.A.18. TABLE OF CONTENTS I. The Mangrove Forest ................................................................................ ..............................1 II. Proposed Trimming within the Mangrove Forest .................................. ..............................2 a. Shoreline Trimming ...................................................................... ..............................3 b. Height Trimming .......................................................................... ..............................4 i. Black and White Mangroves ................................ ii. Red Mangroves ........... ............................... iii. Trimming Schedule ....................................... c. Professional Mangrove Trimmer ................................................. ..............................5 d. Forest Productivity Monitoring .................................................... ..............................6 III. Trimming of Non - Mangrove Native Tree Species .................................. ..............................7 IV. Annual Maintenance .................................................................................. ..............................7 a. Exotic and Invasive Species Removal .......................................... ..............................7 b. Vegetation Mortality ...................................................................... ..............................8 c. Debris Removal .............................................................................. ..............................8 V. Monitoring .................................................................................................. ..............................9 to EXHIBITS A. Aerial Depicting Mangrove Forest B. Mangrove Trimming Plan C. Monitoring Program Packet Page -1683- 11/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 1 In accordance with the 1996 Mangrove Trimming & Preservation Act, Florida Statutes, Sections 403.9321- 403.9333 (the "Act'), Barefoot Beach Club Condominium Owners Association, Inc. ( "Barefoot "), submits the following Trimming and Management Plan (the "Plan ") to Collier County (the "County "). I. The Mangrove Forest Barefoot Beach is located in Sections 6 & 7, Township 48 S, Range 25 E, Bonita Springs, Collier County, Florida, with a physical address of 259 Barefoot Beach Blvd., Bonita Springs, Florida 34134. The plat for the Barefoot Beach subdivision was approved by the Board of County Commissioners of Collier County on October 17, 1989 and recorded in Plat Book No. 16, Page 55, Public Records, Collier County, Florida (the "Barefoot Beach Development "). Barefoot intends to trim, perform annual maintenance on, and monitor the mangrove forest located on the Barefoot Beach property and the County property described in and subject to the License Agreement between the County, Barefoot, and the Conservancy of Southwest Florida, Inc. (the "Conservancy "), which properties are adjacent to the Barefoot Beach Development (the "Mangrove Forest "). An aerial depicting the Mangrove Forest is attached as Exhibit "A." The Mangrove Forest abuts four (4) buildings within the Barefoot Beach Development known as Buildings 4, 7, 9, and 11 (the "Buildings "). Barefoot's trimming and maintenance activities within the Mangrove Forest are intended to: 1) Provide an Environmental Study for researching and evaluating mangrove trimming and maintenance activities to determine whether perpetual mangrove trimming will cause significant adverse impacts to the Mangrove Forest; Packet Page -1684- 11/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 2 2) Be more restrictive than the Act and any state laws that regulate the trimming and alteration of mangroves; 3) Protect, preserve, and maintain the valuable Mangrove Forest in a healthy and productive condition; and 4) Provide and maintain "view corridors" from the Buildings to Little Hickory Bay. Barefoot recognizes that the Mangrove Forest provides valuable benefits to its residents and the environment, including: prevention of shoreline erosion; food and habitat for fish and marine life; improvement of overall water quality of coastal waters; and protection of homes from wind damage. As such, Barefoot will conduct only the minimum amount of trimming necessary to provide and maintain "view corridors." II. Proposed Trimming within the Mangrove Forest On February 25, 2003, Barefoot obtained a permit from the Florida Department of Environmental Protection ( "DEP "), Application File No. 11- 0209794 - 001 -MA05 (the "Permit ") for the trimming of approximately 2.64 acres of mangroves within the Mangrove Forest. All trimming proposed by Barefoot and pursuant to the Plan shall be consistent with the Permit, subject to the restrictions contained herein, and use best management practices to preserve the health of the Mangrove Forest. Pursuant to Section 403.9325 of the Act, trimming includes the cutting of mangrove branches, twigs, limbs, and foliage, but does not include the removal, defoliation, or destruction of the mangroves. Trimming shall be conducted in conformity with the Act and in a manner and style that should maintain the Mangrove Forest and ensure the least loss of leaves resulting from the trimming activity. Packet Page -1685- 11/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 3 Barefoot's trimming shall comply with the conditions set forth in Section 403.9327(1)(a) of the Act. The trimming will be conducted on an annual basis subject to the conditions and limitations set forth in the Monitoring Program carried out by the Conservancy pursuant to and as part of the Environmental Study. Prior to trimming, Barefoot will clearly delineate, by staking and flagging, the boundaries of the trimming areas within the Mangrove Forest. Collier County Code Enforcement Department shall be notified at least two weeks prior to any trimming. The County may request to be present during trimming to review the method of trimming and ensure Barefoot's activities are in conformity with this Plan. The Mangrove Forest is populated by red, white and black mangroves, as well as other native tree species such as buttonwood, seagrape, strangler fig, and cabbage palm. The trimming includes both mangrove and non - mangrove, native plant species. a. Shoreline Trimming The trimming under the Permit and the Plan will not extend more than 500 feet waterward as measured from the trunk of the most landward mangrove tree in a direction perpendicular from the Buildings to the shoreline. Trimming will occur in the riparian mangrove fringe of the Mangrove Forest, which includes those mangroves growing along the shoreline on private property, property owned by a government entity, or sovereign submerged land. The trimming authorized by the Permit was calculated using aerial photography interpretation and ground truthed by VanasseDaylor, LLP, on December 4, 2002. The Mangrove Forest totals 236,546, square feet, or 5.43 acres. Of that, Barefoot will trim only 115,097 square feet, or 2.64 acres. The trimming area equals only 49% of the Mangrove Forest, which is 16% Packet Page -1686- 11 /13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 4 less trimming than that allowed under the Act. A copy of the Mangrove Trimming Plan is attached as Exhibit `B ". b. Height Trimming i. Black and White Mangroves Barefoot agrees to trim the black and white mangroves to a height of 20 feet. The height shall be measured at the base of the tree to the top of the canopy prior to trimming using a 20- foot measuring rod to verify the minimum trim height. Trimming of black and white mangroves will include topping and /or lateral limb removal as needed and appropriate to provide and maintain the view corridors from the Buildings to Little Hickory Bay. ii. Red Mangroves Barefoot recognizes the unique biological properties of red mangroves and agrees that trimming of red mangroves shall only include lateral limb trimming and shall not include topping. Barefoot agrees that no trimming will occur from the base of the tree to a height of 20 feet; however, Barefoot may laterally trim red mangroves above the height of 20 feet. The height shall be measured at the base of the tree to the top of the canopy prior to trimming using a measuring rod to verify the minimum lateral trim height of 20 feet. iii. Trimming Schedule Barefoot shall follow a trimming and maintenance schedule for regular maintenance trimming of the Mangrove Forest. In the first year of trimming, Barefoot shall not trim more than 25% of the foliage of the mangroves in the Mangrove Forest. For each year thereafter, an assessment of the health of the Mangrove Forest shall be performed to determine if there have been any significant adverse impacts to the mangroves as a result of the prior year's trimming Packet Page -1687- 11/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 5 and maintenance activities. If the mangroves exhibit signs of significant stress, no maintenance trimming of the mangroves shall be performed until such time as it is determined that the mangroves have recovered from the prior trimming activities. If no significant stress is determined, then regular periodic trimming may continue, with no more than 25% of the foliage of the mangroves within the Mangrove Forest trimmed annually. Such trimming shall occur for a ten (10) year period provided all other conditions of the Plan are met. Additional ten (10) year trimming periods may be approved by and upon approval of an extension to the License Agreement by the parties thereto. c. Professional Mangrove Trimmer All trimming shall be supervised or conducted exclusively by a professional mangrove trimmer, certified *as such pursuant to Florida Statutes, Section 403.9327(1)(b). A professional mangrove trimmer includes those listed in Section 403.9329 of the Act. The certification and credential of the professional mangrove trimmer supervising and coordinating the trimming shall be provided to the County for approval prior to initial trimming activities. For annual maintenance trimming each year thereafter, the certification of the licensed mangrove trimmer shall be made available to the County upon request. Access to the proposed trimming areas will be on foot only. No vehicles or heavy machinery will be used or stored in the Mangrove Forest. Trimming will be conducted by utilizing ladders and hand held equipment only. No climbing spurs or spikes will be used. All cut material greater than '/4" in diameter will be removed by hand to an upland location for disposal. All other cuttings including leaves and twigs smaller than '/4" in diameter will be left in Packet Page -1688- 11/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 6 place to rejuvenate the soil. No herbicide or other chemical will be used for the purpose of removing leaves or limbs of a mangrove. d. Forest Productivity Monitoring As described in more detail in the Monitoring Program, the Conservancy will conduct monitoring of forest productivity within the Mangrove Forest for a period of five (5) years. If the results of the forest productivity monitoring indicate that forest productivity has not significantly decreased, then the trimming may continue for an additional five (5) year period. During this second five year period, the Conservancy shall continue to conduct its forest productivity monitoring as described in the Monitoring Program attached hereto as Exhibit "C." Further five (5) year trimming and monitoring periods may similarly be granted upon approval of extensions to the License Agreement. If the results of the Conservancy's monitoring indicate significant decreases in forest productivity, the Conservancy and Barefoot's consultant will evaluate potential causes, and the significance, of the decrease of forest productivity. Should the consensus of the Conservancy and Barefoot's consultant be that the decrease in forest productivity is an indication of a decrease in the overall health of the Mangrove Forest, Barefoot agrees to halt the periodic trimming until such time as a consensus can be achieved as to when appropriate trimming and maintenance may be resumed. If the consensus is that the decrease of overall health is attributed to trimming, Barefoot agrees to modify its trimming and maintenance activities in a manner that will result in recovery of the forest productivity of the Mangrove Forest. If under either scenario there is no consensus, the Conservancy and Barefoot will follow the dispute resolution process described in the attached Monitoring Program. Packet Page -1689- 11 /13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 7 III. Trimming of Non - Mangrove Native Tree Species There are several native tree species other than mangroves that are located within the Mangrove Forest. These include, but are not limited to, buttonwood, cabbage palm, seagrape, and strangler fig. Non - mangrove native trees shall be trimmed utilizing ANSI 300 trimming standards as a best management practice. For cabbage palms exceeding 20 feet in height, trimming shall be limited to the pruning of dead, or chlorotic, downward hanging fronds only (i.e., no trimming above the 9 o'clock and 3 o'clock positions) and no removal of green fronds. IV. Annual Maintenance In addition to the periodic trimming described above, Barefoot shall conduct additional regular maintenance activities within the Mangrove Forest as provided herein. Such regular maintenance activities include the annual removal of exotic and invasive species and monthly removal of debris within the Mangrove Forest. a. Exotic and Invasive Species Removal In addition to the periodic mangrove trimming schedule, Barefoot shall conduct annual exotic and invasive species removal within the Mangrove Forest. Such exotic and invasive species include, but are not limited to, excessive vine growth and all non - native, exotic vegetation (defined as species listed in the Collier County Land Development Code Section 3.05.08 and Florida Exotic Pest Council Categories I and lI). Removal of nuisance vegetation and exotic species may be conducted at any time within the Mangrove Forest. Barefoot further agrees that the removal of exotics and nuisance vegetation (vines in particular) will take place prior to the initial and any subsequent mangrove trimming as this will open up the view corridors and decrease the amount of mangrove trimming within the Mangrove Forest. It is anticipated that Packet Page -1690- 11 /13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 8 any areas of open canopy which result from the removal of exotics and nuisance vegetation will promote mangrove seedling and sapling growth in the understory. Eradication of any exotic or nuisance vegetation in the trimming areas, as well as the Mangrove Forest, will prevent further infestation of exotics and nuisance vegetation. Vegetation Removal Permits from the County shall not be required to remove vegetation pursuant to the Plan. Non - native, exotic and nuisance plants shall be killed in a manner consistent with current exotic vegetation treatment practices while reducing non - target damage to the maximum extent practicable. This may consist of hand clearing and "kill in place" methods. Large individual non - native trees (greater than 4 "dbh) may be poisoned in place. Cut stumps will be treated with an approved herbicide containing a visual tracer dye. All use of herbicides shall be applied by a licensed herbicide applicator in compliance with all labeling requirements. b. Vegetation Mortality Prior to vegetation trimming, the condition of the proposed trimming area will be documented in a Baseline Monitoring Report as described in the Monitoring Program. Annual monitoring reports documenting the condition of the mangroves will be prepared by the Conservancy and made available to the County upon request. The reports will include data on any tree mortality observed within the Mangrove Forest. c. Debris Removal Barefoot shall perform monthly removal of debris within the Mangrove Forest as part of its regular maintenance activities. The debris removal is intended to increase water quality within the Mangrove Forest through removal of trash and debris. Packet Page -1691- 1/13/2012 Item 16.A.18. Barefoot Beach Club Trimming and Management Plan Page 9 V. Monitoring The Conservancy will monitor all trimming and maintenance activities within the Mangrove Forest per the Monitoring Program attached hereto as Exhibit "C" and incorporated herein by reference. Monitoring shall be conducted at least annually in the manner set forth in the Monitoring Program or as otherwise determined by the Conservancy in furtherance of the Environmental Study. The monitoring and preparation of an annual report will be prepared by a qualified biologist or ecologist of the Conservancy. A draft report will be submitted to Barefoot for review and comment prior to finalization. Annual reports shall be made available to the County upon request. Packet Page -1692- A 11/13/2012 Item 16.A.18. PERMIT USA' ONLY, NOT FOR CONSTRUCTION September 21, 2012 11:16:53 a.m. Drawing: BBCA1 EXHIBIT 1.DWG -- W. DEXTER BENDER Exhibit A & ASSOCIATES, INC. ENU.R0iVJfl'NTAL & AdR ME CONSULTING " Page -1693 - A IT.RS, FL (239) 334 -3680 Packet zz �s Lvj 0) O �6 c i O O N IW Packet Page -1694- ti O 4: O w L Q a� 0 N 11/13/2012 Item 16.A.18. h N N m � t wo W�w� Q �l ° 0 11 O .O ON 11 b w ti' y� �z- o O V 3 O'O bi ti O y L N U � p LO O Q °Qw L U E N � d �b ow 40 a�i o °b�•� 'n a °A•� II N � o ° r-b o� L U O b L C W�4. a t V, d O f � rQ w� Q 0 Q o� U� U ,0 W � 11 /13/2012 Item 16.A.18. BAREFOOT BEACH CLUB CONDOMINUM OWNERS ASSOCIATION, INC.'S MONITORING PROGRAM The trimming of the mangroves by Barefoot Beach Club Condominium Owners Association, Inc. ( "Barefoot ") will be used as a test case to investigate, monitor, and evaluate the effects of trimming on individual mangroves and on the overall productivity of the mangrove forest. Assessments will occur by The Conservancy of Southwest Florida, Inc. (the "Conservancy ") prior to the first trimming to establish a baseline and then annually thereafter prior to any subsequent trimming. Mangrove Monitoring Monitoring procedures will be employed to determine whether or not mangrove trimming is having an adverse affect on the forest over time. As described in more detail below, the monitoring procedures to be implemented will consist both of individual tree assessment and overall forest productivity. As such, it is necessary to evaluate each tree that will be trimmed prior to initial trimming and before any subsequent trimming is permitted. Additionally, forest productivity will be estimated pre- and post- trimming to assess the effect trimming may have had on overall mangrove forest viability. Such monitoring will be conducted on an annual basis and assessed at 5 -year intervals. The annual and 5 -year assessment schedule is described in more detail in the Trimming and Management Plan attached to the Environmental Study Agreement between Barefoot and the Conservancy. Site Preparation: It is necessary to clearly delineate the areas to be trimmed and flag all mangrove trees that are targeted for trimming by Barefoot, before mangrove forest assessment can commence. Prior to the initial mangrove trimming, rectangular grids will be established perpendicular to the shoreline. Grid width will be dependent upon tree density and extend outward in varying lengths dependent upon the curvature of the area. The purpose of the grids is to assist biologists in tagging and assessing each mangrove tree and to facilitate locating individual mangrove trees during subsequent monitoring visits. Within the grids randomly selected reference (non- trimming areas) and treatment (trimming areas) plots will be established to assess forest productivity. In the event that suitable reference plots cannot be established within the targeted area, then the mangrove area adjacent to the targeted area will be used as a reference area. A total of 4 treatment and 4 reference areas will be assessed for forest productivity. The exact location of the plots will be determined on -site depending on exact areas to be trimmed. Individual Mangrove Tree Assessment: All mangrove trees scheduled to be trimmed will be flagged prior to the baseline assessment and any subsequent trimming activities by Barefoot. Global Positioning Systems (GPS) will be used to determine the location of each tree within the study area targeted for trimming and assessment. In the event that GPS instrumentation is ineffective (due to canopy cover) the distance and bearing of each mangrove (tree) will be measured in relation to center points within each grid to detennine the exact location of each tree. All mangrove trees scheduled to be trimmed and any other mangrove trees not scheduled to be trimmed with a diameter at breast height (DBH) of greater than 5 cm within each grid and greater than 20 feet tall will be identified to species, tagged, measured (DBH) and visually classified for condition (alive, dead, stressed, or very stressed) prior to trimming and annually October, 2012 Packet Page -1695- 11/13/2012 Item 16.A.18. thereafter prior to any subsequent trimming. The height requirement has been set at 20 feet since no trees less than this height will be trimmed. If during subsequent trimming activities mangrove trees are targeted for trimming that have not been previously assessed they will be added to the database. Annual sampling will also include photographs from fixed stations throughout the study area. Floristic composition criteria will be used to characterize and assess each mangrove tree over time, along with percent canopy, and overall seedling recruitment and tree mortality. Tree health evaluations will be based upon the Conservancy of Southwest Florida Data Collection Protocol for determining health of mangrove trees. (Updated 2010, 2012), which is based upon Standardized Mangrove Data Collection Protocols developed for previous tree assessments over the years and substantiated by work described by Duke, et. al., 2010; Saintilan, 2010; and FRC Environmental 2008/2010. Criteria used to assess mangrove tree condition will include an evaluation of each individual tree for growth, health, branch and leaf loss, root and stem rot, wilting, yellowing, galls, insect infestation (boring beetles in particular), cracking, main and arterial stem damage (i.e. stress related physical cues), visible inundation stress, soil characteristics leading to inundation stress, and disease (Cytospora rhizophorae in particular). Repetition of this exercise in subsequent monitoring visits will enable an assessment of individual tree changes over time. It is important to discern causes of any mangrove mortality within the study area as tree death could be caused by other factors not related to trimming, but rather as a result of senescence, disease or natural weather related phenomena. This mangrove forest may be, and has in the past been, affected by various tropical stonms.and hurricanes. Since mangrove trees take a long time to die following such stone events, it is possible that some trees within the study area may expire. In the event that mangroves die, efforts will be made to differentiate cause(s) of death to prevent erroneous assumptions that trimming caused the tree to die. In the event that a natural weather related event occurs during the timeframe when trimming is ongoing, efforts will be made to quantify stone damage to individual mangrove trees. This type of assessment will include an evaluation of the following: Stem Damage: Qualitative assessment of uprooting, breakage, leaning and cracking. Branch Damage: Qualitative branch loss per tree, mainstem loss versus arterial loss. Mortality: Tree Death (including subsequent collateral damage to living trees from treefall. Re- growth: Vegetative recovery of surviving stems through qualitative classification of re- sprouting, leaf regeneration and root growth. In the event that, after trimming, a tree shows signs of stress or deterioration to the extent that the Conservancy's biologists have determined that trimming should be suspended until its condition improves, the following procedure will be employed: 1) Trees that are categorized as stressed will be compared to pre- trimming status and efforts will be made to determine stressors to that individual tree. 2) The Conservancy will set up consultations with Barefoot's environmental consultant, (presently, W. Dexter Bender & Associates, Inc.), on site to seek a consensus regarding the tree or trees in question. Page 2 Packet Page -1696- 11/13/2012 Item 16.A.18. 3) If both the Conservancy and Barefoot's environmental consultant reach a consensus that the tree(s) are stressed to the point that the tree(s) should not be trimmed, then the tree and/or trees in question will not be trimmed during the subsequent trimming cycle until its condition improves. 4) If in the unlikely event that the Conservancy and Barefoot's environmental consultant cannot reach a consensus, then an independent opinion will be solicited from a qualified mangrove biologist agreed upon by both parties, and such opinion shall be binding on Barefoot and the Conservancy. In the event that a tree is classified as very stressed, it will not be trimmed until it has either recovered or died. These trees will be marked with a unique color of flagging to prevent accidental trimming. The data will be used to calculate the following standard baseline floristic forest characteristics: number of individual trees and saplings, tree relative and absolute density of species, mean DBH, total basal area, mean basal area, absolute and relative dominance, complexity indices, and coverage. Time series evaluation and statistical comparative methods will be used to determine whether or not any changes in the floristic characteristics of the forest are significant (p < 0.05). Specific statistical tests used will be dependent upon whether the data set is parametric or non - parametric, which will detennine what specific tests are statistically appropriate. Forest Productivity: Mangrove forest structure can affect primary productivity as is directly related to photosynthetic plant capacity. The extent of the surface area of the leaves is likely the critical factor affecting primary productivity. Primary production affects canopy size, foliar volume, and density, which can have an affect on fisheries and even global climate change due to high carbon sequestration. Forest productivity can be estimated from measurements of three parameters including: 1) average LAI (leaf area index); 2) average rate of canopy photosynthesis; and 3) day length. LAI is defined as the single -side leaf area per unit ground area. LAI measurements are typically used in estimating productivity due to established relationships between this measurement and ecological processes. Various methods have been historically used to measure LAI involving variations of leaf sampling or litterfall collections. These methods tend to be very time - consuming and labor intensive and require intensive repetition over a period of 1 -2 years prior to establishing baseline conditions. New techniques based on gap fraction analysis that relates leaf area to canopy transmittance reduces field time and can shorten baseline data collection. Gap Fraction Analysis involves collection of simultaneous readings of light flux density under the canopy and light flux density outside of the canopy using two PAR detectors that have been calibrated to specific wavelengths and connected by a radiometer. Since LAI is a function of canopy transmittance given by the ratio I, /Io where 1, = light flux density beneath canopy and to = light flux density outside canopy. LAI can be calculated from these variables and corrected for the angle of the sun from vertical. This method is less time - consuming and can be limited to wet and dry season measurements. Packet Page -1697- Page 3 11/13/2012 Item 16.A.18. Methods for Determining Forest Productivity Measurement of LAI using gap fraction analysis will be employed to estimate forest productivity through calculations. This method relies on a coefficient not specific to the area (instead of measuring canopy photosynthesis directly) and thus yields a less reliable estimate of net primary productivity. However, it is useful for comparisons between forests and for monitoring changes within a forest, which is one of the goals of this project. Measurements of leaf area and canopy transmittance (as described above) will be performed at the reference and treatment plots established during site preparation during the wet and dry season. Data collected will be used to calculate forest productivity using standard forest photosynthetic formulas. Baseline productivity data will be collected during the wet and dry seasons prior to trimming and on an annual basis prior to any subsequent trimming. Every five (5) years, comparisons will be made from areas that were trimmed versus reference areas within the same forest that were not trimmed. Time series ANOVA or comparable non - parametric statistical tests of reference and treatment data will be used to determine whether or not any changes in forest productivity are significant (p < 0.05). If, after five (5) years, there is a statistically significant decrease in forest productivity, which indicates that the trimming areas are being negatively impacted, consultations with Barefoot representatives and the Conservancy will occur that could result in subsequent trimming cycles being delayed until the productivity improves or even discontinued if warranted. Additional details concerning forest productivity monitoring, and the responses to any significant decrease in forest productivity, are provided in the Trimming and Management Plan. Reporting: Reports containing the results of mangrove monitoring and forest productivity will be prepared by the Conservancy and submitted annually to Barefoot and Barefoot's environmental consultant (presently, W. Dexter Bender & Associates, Inc.), for review and subsequent discussion, if warranted. Thereafter, such reports will be made available to Collier County Environmental Services upon request. Approximate Timeline: This proposed timeline is subject to change depending upon the season and the number of trees on the site. Page 4 Packet Page -1698- w u -o y a. ti> - 3 m d oz tz E? cd n c o t 7 CD DD w w w ¢' w CD �D CD w of y m A cf M w m c2c c Vl n 0 00 ,0 7 w O O (DD F+ O �f CD M � o is '"�' 3 C 3 n- - ?" w > '-t `G w =• w M CD CD O G. ^- to !D .O w n 0 fD O O O rt, 0o fD m fl- Y O -- CD w !D — a w 'O M f7, - y A rr T O n=, r* n w M n Li. w w o co w 'G N w y ~. ew-r. O M G. CD CD O N O a' Z r* O R. o a °y CD CD 0 a' _. CD N CD N "S O (D � w O A y O Q, w (D O � 7 ti < b 0 O y X X M M ryf O d Q U Di C M O w CD CD cn w N H 5 O a Ln Ul c x O = y tv W < A H C � o �P x X X w � w y x 0 F,, w Packet Page -1699- 11/13/2012 Item 16.A.18. I � i of 1 7 � N r0 1 � n O m 7d 3 W O O 3 W 3� n W 7 M c. o 0 O 7 CD W C � 3: C.) d as O O 3 -• c m 11/13/2012 Item 16.A.18. Budget: Projected cost of this project is on a not to exceed basis. Currently, the exact number of mangrove trees that will be trimmed is unknown (trees have not been marked yet), and, therefore, this budget errs on the higher side of costs as actual costs will depend on the area extent and the number of mangrove trees to be trimmed. 'A factor that impacts this project's budget is the project start time. If the project starts during the wet season the afternoon rains will increase the length of time necessary to do the initial round of mangrove tagging and characterization and, as a result, may possibly double the cost. Therefore, although wet season measurements may be perfonned to determine wet season productivity, the bulk of the site preparation and baseline monitoring will not occur until the dry season in November and December of 2012 to keep costs down. As previously discussed, this project will be cost shared between the Conservancy (50 %) and Barefoot (50 %). The following pages detail an itemized budget divided into Year 1 and subsequent years. During Year 1 of this project, the Conservancy will provide to Barefoot a quarterly summary of the Conservancy's personnel hours and expenses. Thereafter, in subsequent years of this project, a summary of the Conservancy's personnel hours and expenses will be provided to Barefoot with each annual monitoring report. Barefoot will pay, within thirty (30) days of receipt, one -half (50 %) of the total amount set forth in each such summary of personnel hours and expenses, provided, however, that such costs and expenses shall not exceed the estimated budget for that such year. The Conservancy shall provide to Barefoot a revised budget of estimated costs and expenses every five (5) years, adjusted for inflation and other fluctuations in the costs and expenses. Page 6 Packet Page -1700- 11/13/2012 Item 16.A.18. June 14 -15, 2011 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 14 -15, 2011 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Jim Coletta Donna Fiala Georgia Hiller Tom Henning ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Finance Director, Clerk of Courts Office Ian Mitchell, BCC Executive Manager Mike Sheffield, Operations Manager, CMO Page 1 Packet Page -1701- 11/13/2012 Item 16.A.18. June 14 -15, 2011 CHAIRMAN COYLE: It passes unanimously. COMMISSIONER HENNING: Thank you, Dale. MR. JOHNSON: Thank you. We appreciate your support. Item #6B PUBLIC PETITION FROM MR. ROBERT D. PRITT REPRESENTING THE BAREFOOT BEACH CLUB CONDOMINIUM OWNERS ASSOCIATION, REQUESTING THAT THE BOARD OF COUNTY COMIVIISSIONERS DIRECT STAFF TO WORK WITH THE PETITIONER ON A PLAN FOR MODEST TRIMMING OF MANGROVES — MOTION TO BRING BACK AND THE PETITIONER TO WORK WITH STAFF AND THE CONSERVANCY TO COME TO A RESOLUTION AND GET REQUIRED PERMITS — APPROVED MR. OCHS : Commissioners, Item 6B is a public petition request from Mr. Robert D. Pritt representing the Barefoot Beach Club Condominium Owners Association requesting that the Board of County Commissioners direct staff to work with the petitioner on a plan for modest trimming of mangroves. Mr. Pritt, good morning. MR. PRITT: Good morning. Mr. Chairman, members of the County Commission, my name's Robert Pritt with the law firm of Roetzel & Andress. I'm here along with my co- counsel, Tom Mullin, with Rose, Sundstrom, and Bentley. He's an Environmental Lawyer -- George Hargreaves, the Board Chair; and Belegia Susidellas (phonetic) -- how did I do on that? Close enough -- who is the Property Manager. We're here on behalf of Barefoot Beach property owners, and I would like to -- I think you have a copy of the documents or the photographs that we had sent to you previously. Page 22 Packet Page -1702- 11 /13/2012 Item 16.A.18. June 14 -15, 2011 I don't know if that shows up, but there is a red line and a green line on the document. The -- there are four condominium units there, and what we're asking for is to be able to trim the mangroves in the county's portion, which is just a mangrove fringe on Little Hickory Bay. And what we'd like to do is have you direct staff to work with the petitioner to bring forward to the commission a plan for modest trimming of the mangroves to restore a view to the bay waters from the first living level of four residential condominiums. The background is that the county owns a mangrove area adjacent to the residential condominium buildings on Barefoot Beach Boulevard as a result of a settlement agreement in litigation with the Conservancy in 1985. The majority of the mangroves were small, sparse, and heavily infested with exotics. As a condition of the approval of the condominium project, the developer performed significant enhancement and mitigation in the mangrove area. Here's another picture. This was 1993, I think, and then in -- a little later on. The buildings were built in the '90s. And you can see the mangrove fringe there is pretty sparse. And -- but the good news is, the mangrove fringe did well. It's very healthy and is growing. The bad news is it's growing over to block the first living floor area -- all those buildings are on -- are over parking, so the first floor is actually the second -- what we normally would think is the second floor, and the mangroves have grown to actually block the view from the second floor. And here's some photographs showing that. And the top there is a view from 2002, I believe, or -- no, 1996, and the bottom is a current -- more current view, 2010, and you can see how the view has been blocked by the healthy mangrove fringe. Here's another picture that is very similar. What we would like to do is to do mangrove trimming, not removal of mangroves and not killing of mangroves, but trimming of Page 23 Packet Page -1703- 11/13/2012 Item 16.A.18. June 14 -15, 2011 mangroves in order to restore the view, and here are photographs that depict -- on the one photograph here -- does that show here -- this photograph shows what the state would allow for mangrove trimming -- I'm sorry. On the right hand side is what the state would allow for mangrove trimming under the state regulations that are in effect. On the left side is all that we're asking for with regard to trimming. We're not going to trim anywhere close to the total -- total extent of the level that would be otherwise allowed by the state. Our request is that the County allow us to work with the staff in order to come up with a meaningful mangrove trimming, not removal program, that would allow for the restoration of the views. It would only be in those particular areas where the view has actually been blocked. The trimming would be done at the expense of the property owners, not the county's expense. We would have -- we would have the trimming -- we would ask that the trimming be done both on the property that is common area of the condominium association. That's a -- actually a separate permit type of matter, and we're dealing with DEP on that permit, and -- but with regard to the county's properly, we are asking you in your proprietary capacity rather than your regulatory capacity as owners of that property to allow us to have a similar trimming that -- so that we could restore the view. The -- I understand that the Conservancy, again, has disagreed with that. I would love to spend a lot of time pointing out the errors in the Conservancy's position on that, but let me suffice to say that we did go to the Conservancy as to our property. That is part of the settlement agreement says, you can go to the Conservancy and ask their permission. The board actually gave us a pretty good reception and voted to allow us to continue to work with the Conservancy; however, shortly after that the staff filed an objection to our state permit, and because of that the mediation that had been agreed to has not occurred. Has not Page 24 Packet Page -1704- 11 /13/2012 Item 16.A.18. June 14 -15, 2011 yet occurred. The Conservancy staff, I'm sorry. So that's -- now, the settlement agreement -- I don't want to get into all the details of it. But the settlement agreement says that we go to the Conservancy -- on our property; not necessarily -- not your property. You don't have to go to the Conservancy, but on our property we go to the Conservancy, and it also says that their approval shall not be unreasonably withheld, and in order to withhold approval, they have to have a two thirds vote. There are some protections in there, and we will continue to deal with them on those issues concerning the portion of the property that belongs to us. As far as your property is concerned, that's your call. Now, I know the Conservancy says that there's a deed restriction -- or a covenant that says you cannot do that; however, both of those covenants actually say that destruction and removal -- destruction or removal of the mangroves would not be permitted and does not -- neither one of those restrictions say that it cannot be permitted. As many of you know, the law concerning mangrove trimming changed significantly in 1995. It used to be that it was always up to the cities and the counties to make those decisions. The Mangrove Trimming and Preservation Act, also called the Net Rita Act (phonetic) sometimes, was the -- changed it, and it preempted mangrove trimming to the state and away from the cities and the counties unless the cities and the counties obtained a delegation from the state to enforce the state mangrove laws. So that is preempted to the state, and we are dealing with the state, and we understand and recognize that we cannot do any trimming unless the state says it's okay, and we cannot do any trimming on your property unless you also say it's okay. And the other -- the other -- the last thing I'll say about that is, the state -- if you look at the legislation, and I know it's all you can -- all you ever want to do is sit and look at the state legislation. But if you look at the legislation, the state in at least three places says that it is Page 25 Packet Page -1705- 11/13/2012 Item 16.A.18. June 14 -15, 2011 the intention of the state in its finding of the legislature that not all mangrove trimming kills the trees. I'm saying that in layperson's terms. But, you know, it is -- it is allowed since 1995 and 1996, and we would like to take advantage of that, and we won't kill the trees. Again, all at the expense of -- we will have a mangrove trimming plan, and it will be all at the expense of the property owners, and it will be only such as is necessary to restore the view that they once had of beautiful Little Hickory Bay. I'll be glad to try to answer any questions, if you have any. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yeah. I'd like to make a motion to direct that you work with county staff and with the Conservancy to establish a resolution to this. If I understand correctly, you'll also need the county to apply for a permit to trim the mangroves on the county's property? MR. PRITT: Well, I'm not quite sure about that. My co- counsel has been working on that aspect of it. If necessary, then we would ask that that be part of it. But, obviously, we need to come back to you to -- with anything that we'd come up with. COMMISSIONER HILLER: I'd like to suggest that all be explored at the same time. MR. PRITT: Yes. COMIVIISSIONER HILLER: Because it makes sense to bring this back in one package. If you're to go forward -- and just one possible solution would be limited trimming to create a view corridor where you leave the tops and just trim through the mangroves leaving the base intact rather than chopping the tops off. I've heard that that is an alternative for the type of mangroves that you're dealing with, that protects them, and maybe Conservancy would consider that as a viable option -- MR. PRITT: Okay. Page 26 Packet Page -1706- 11/13/2012 Item 16.A.18. June 14 -15, 2011 COMMISSIONER HILLER: -- in the interest of protecting the -- MR. PRITT: We certainly will do that. And I'm sure your staff will have a lot of input as to how to do it and what to do. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Hiller to encourage the staff to work with you. Is there a second? COMMISSIONER HENNING: I'll second it for discussion. CHAIRMAN COYLE: Okay. Second by Commissioner Henning. And, Commissioner Henning, you have a question. COMMISSIONER HENNING: I believe Commissioner Hiller said work with the Conservancy -- CHAIRMAN COYLE: And. COMMSSIONER HENNING: -- and staff and bring back a plan to do that. I have confidence in Kathy Worley from the Conservancy to bring something reasonable for the health of the mangrove forest. So I'll support that. CHAIRMAN COYLE: Okay. So we have a motion and a second. All in favor, please signify by saying aye. COMIVIISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passed unanimously with Commissioner Coletta being temporarily out of the room. MR. PRITT: Thank you. CHAIRMAN COYLE: Thank you very much, Mr. Pritt. Item #9B Page 27 Packet Page -1707-