Agenda 12/11/2012 Item #16A2612/11/2012 Item 16.A.26.
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
Packet Page -2469-
12/11/2012 Item 16.A.26.
Attachments: 1) License Agreement, 2) Environmental Study Agreement, 3) Trimming and
Management Plan 4) Barefoot Beach Club letter 5) Conservancy of SW Fla.
Letter 6) BCC minutes 6 -14 -11
Packet Page -2470-
12/11/2012 Item 16.A.26.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.26.
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 -2471-
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 -2472-
12/11/2012 Item 16.A.26.
Return to:
Name:
Address:
This Instrument Prepared by:
12/11/2012 Item 16.A.26.
Thomas F. Mullin, Esquire
Sundstrom, Friedman & Fumero,
LLP
950 Peninsula Corporate Circle
Suite 2020
Boca Raton, FL 33487
THIS LINE FOR PROCESSING DATA SPACE ABOVE
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
Tarniami 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 COUNTY, and the CONSERVANCY
may at times be referred to as a "Party" or collectively as the "Parties ".
Rev. 10/22/12 1 of 9
Packet Page -2473-
- ---- ...- - - - - -- -- - --
12/11/2012 Item 16.A.26.
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
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 8, 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 -MA05 (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. 10/22/12 2 of 9
Packet Page -2474-
w
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12/11/2012 Item 16.A.26.
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:
1. 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 "3." In conjunction therewith, BAREFOOT
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
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
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 permits and approvals necessary or appropriate to conduct the
Rev. 10/22/12 3 of 9
Packet Page -2475-
12/11/2012 Item 16.A.26.
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 with 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 oawk
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.
Rev. 10/22/12 4 of 9
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12/11/2012 Item 16.A.26.
7. Sovereign Immunity. Nothing herein shall constitute waiver of any immunity
enjoyed by the COUNTY under its sovereign authority.
S. 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 rights 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,
Florida.
Rev. 14/22/12 5 of 9
Packet Page -2477-
12/11/2012 Item 16.A.26.
i
12. Counterparts. This License may be executed in two or more separate
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 AWW
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. 10/22/12 6 of 9
Packet Page -2478-
12/11/2012 Item 16.A.26.
E3MCUTED by BAREFOOT this 13 - day of 2012.
Witnesses: BAREFOOT BEACH CLUB CONDOM MUM
OWNERS ASSOCIATION, INC., a
,� ~' Floridanon -profit oorparadon
r w
PristNe� f�11_11� Su��cD�.L15 .
OF
lz,A;rd,!A
t Piiett�mr: t}�c/.�.Cla� �1f14 �!(J�'E•.�_
[CORPORATE SEAL]
STATE'bF FLORIDA )
)Ss
COUNTY OF COLLIER )
Before mepawnally appeared e0i" .
B OT BEACH CLUB NDO OWNERS ASSOCIATION,
INC., v& i `6aM'tp -1� me or who produced
as identification, and acknowledged to and Won = that (s* w aced said insert for the
purposes therein �xpnssed.
WITNESS my hand and official swim the State and County aid this ) "y of
2012.
• �MNMI& DAVMM Notary PabUc, State of Florida
wvoo�rrasror,rt�o�ne
Ito A , i t,
Rev. 10/22/12 700
9
Packet Page -2479- ...-_
12/11/2012 Item 16.A.26. -
EXECUTED by the CONSERVANCY this day of kn1-ZLW=K
2012,
Witnesses: THE CONSERVANCY OF SOUTHWEST
FLORIDA, INC., a Florida non -profit corporation
Print Name: i-ti o=- . G200I sf
STATE OF FLORIDA )
3 ss
COUNTY OF COLLIER )
I
By: _ /Fir ✓ / / C X, ,._
Pr int Nmnr. ►'t i _V t W / ! C f 16ff a
:itt: C t d
[CORPORATE SEAL.]
Before me personally apps . %t •'� V �C the cl-�,;
, of THE CONSERVANCY OF SOUTHWEST FLORIDA, INC., who is
personally known to me or who produced as
identification, and acknowledged to and before we that (s)he executed said instr utoew for the
purposes therein expressed.
WITNESS my hand and official seal in the State and County aforesaid this day of
2012.
MMLM P AMW Notary Public, State of F oxida
# ��* 1iY CaMhIlSSA7it t OD 94016t
�7r i %!'DIES 40"ft97, 2013
s
Rev. 10/22112 8 of 9
Packet Page -2480-
1
12/11/2012 Item 16.A.26.
Accepted by COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk FRED W. COYLE, Chairman
Approved as to form and legal sufficiency.
t�
Heidi Ashton- Cick.o
Managing Assistant County Attorney
a
CP;1 O- ENS - 04432\6 t
Rev. 10/22/12 9 of 9
Packet Page -2481-
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12/11/2012 Item 16.A.26.
y;. .. .v.
— — — EdQ& of Mangrove Area
rj
-- - - — Property Bwxtary Lhe
cmnfy Property -trio Mangrove TrknmkV
Mer0mve Thkrin ng *Mh
x r `
Comfy Property
P�'R�kf�T USF' ONLY,
NOT FOR CO.NSTRUC OAr
November DS, 2012 2:12:37 p.m.
Drawing: BBCA1 EXHIBIT 1.DWG
Exhibit 1
W. DEXTER BENDER
& ASSOCIATES,
INC. -
County Property
FN AiA� 6 1
334-3680
FORT AfYERS, FL
3)
Packet Page -2482-
12/11/2012 Item 16.A.26.
,�A a
m°
Property Boa)dary Lire AA
1
Baretoot Property r "s
Mangrove TrxnmiV wMh ,
Barefoot Property 1
P- 'RfIIT 11.5.x' ONLY,
NOT .FOR CONSTRUCTION
November 08, 2012 2:12:37 p.m.
Drawing: BBCA7 EXHIBIT 1.DWG
Exhibit 2 W DEXTER BENDER
ASSOC'IATE'S, INC. g1't -
Barefoot Property & &WRIAT CO)VF&ZT6VC
h"' J FORT .YrER,7 FL (239) 334 -3680
Packet Page -2483-
12/11/2012 Item 16.A.26.
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.
3. 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 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.
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 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'An diameter will be removed by hand to
an upland location for disposal. All other cuttings including leaves and twigs smaller
than' / +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. 11/01/12 Pagel of 2
Packet Page -2484-
12/11/2012 Item 16.A.26.
5. Trimming of Non - Mangrove Native Tree Species.
Non - mangrove native trees, including buttonwood, cabbage palm, seagrape and strangler
fig, 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.
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
Packet Page -2485-
12/11/2012 Item 16.A.26.
ENVIRONMENTAL STUDY AGREEMENT
THIS ENVIRONMENTAL STUDY AGREEMENT is made this �4 day of b a
, 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 112" (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
Page 1 of 5
Packet Page -2486-
12/11/2012 Item 16.A.26.
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 -2487-
12/11/2012 Item 16.A.26.
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 -2488-
12/11/2012 Item 16.A.26.
EXECUTED by BAREFOOT this "��` day of , 2012.
Witnesses:
BAREFOOT BEACH CLUB CONDOMINIUM
OWNERS ASSOCIATION, INC., a
Florida non- profit corporation
r
Print Name: � T
C-
By:=
PrintName:` S-
Print ame: VICI_,'l « zc _0(.i_I S
STATE OF FLORIDA )
SS
COUNTY OF COLLIER )
Before me personally appeared (3r (� f the c A e^ �r��
of BAREFOOT BEACH CI-0 CONDbMINIUM OWNERS ASSOCIATION,
INC., who isCpersonally 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
A
'L 2012.
neaNNAM.DAVIDSON Notary Public, State of Florida
°� a` MY COMMISSIbNAEE085176
''- �,•;,.� a EXPInEB: Agril3 2016
' ^•',3PP,�� BondedihroNela7 ubllcOndarwrilers
Page 4 of 5
Packet Page -2489-
12/11/2012 Item 16.A.26.
EXECUTED by the CONSERVANCY this '�a* day of 6C�G ,
2012.
Witnesses:
Print Name: —r
m�
-
STATE OF FLORIDA )
SS
COUNTY OF COLLIER )
THE CONSERVANCY OF SOUTHWEST
FLORIDA, INC., a Florida non - profit corporation
By:
Print Name: �' /1'I C
Title:
Before me personally appeared CQndr&j Ht (; Iw or'r►t , the �zo
, of THE CONSERVANCY OF SOUTHWEST FLORIDA, INC., who is
personall 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 Wye" day of
Ot:t , 2012.
%," a "Zc,06.
Notary Public, State of Florida
MARGARET ANN DARDIS
Notary Public - State of Florida
My Gornur Expires Nov 12, 2099
° ' " nmrm�eron # DD 939945
p. N,t,onal Notary Assn.
Page 5 of 5
Packet Page -2490-
12/11/2012 Item 16.A.26.
EXHIBIT "1"
COUNTY PROPERTY
Packet Page -2491-
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12/11/2012 Item 16.A.26.
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Packet Page -2492-
12/11/2012 Item 16.A.26.
EXHIBIT "2"
BAREFOOT PROPERTY
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1/2012 Item 16.A.26.
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Packet Page -2494-
12/11/2012 Item 16.A.26.
EXHIBIT "Y
TRIMMING AND MANAGEMENT PLAN
Packet Page -2495-
12/11/2012 Item 16.A.26.
BAREFOOT BEACH CLUB
CONDOMINIUM OWNERS ASSOCIATION, INC.
TRIMMING AND MANAGEMENT PLAN
October, 2012
Packet Page -2496-
12/11/2012 Item 16.A.26.
TABLE OF CONTENTS
I. The Mangrove Forest ................................................................................ ..............................I
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
EXHIBITS
A. Aerial Depicting Mangrove Forest
B. Mangrove Trimming Plan
C. Monitoring Program
Packet Page -2497-
12/11/2012 Item 16.A.26.
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;
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12/11/2012 Item 16.A.26.
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."
H. 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 -2499-
12/11/2012 Item 16.A.26.
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 -2500-
12/11/2012 Item 16.A.26.
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
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12/11/2012 Item 16.A.26.
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 perfonned 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 ' /a" in diameter will be removed by hand to an upland location for
disposal. All other cuttings including leaves and twigs smaller than 1/4" in diameter will be left in
Packet Page -2502-
12/11/2012 Item 16.A.26.
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 -2503-
12/11/2012 Item 16.A.26.
Barefoot Beach Club
Trimming and Management Plan
Page 7
III. Trimming of Nan - 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 -2504-
12/11/2012 Item 16.A.26.
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 -2505-
12/11/2012 Item 16.A.26.
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 -2506-
12/11/2012 Item 16.A.26.
EXHIBIT "A"
AERIAL DEPICTING MANGROVE TRIMMING AREA
Packet Page -2507-
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Packet Page -2508-
12/11/2012 Item 16.A.26.
EXHIBIT `B"
MANGROVE TRIMMING PLAN
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EXHIBIT "C"
MONITORING PROGRAM
Packet Page -2511-
12/11/2012 Item 16.A.26.
BAREFOOT BEACH CLUB CONDOMINUM OWNERS ASSOCIATION, INUS
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 MonitorinE
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 -2512-
12/11/2012 Item 16.A.26.
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, mainstern 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 -2513-
12/11/2012 Item 16.A.26.
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 I, /I,, where I. = light flux density beneath canopy and lo=
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 -2514-
12/11/2012 Item 16.A.26.
Methods for Determinine 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 _S 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 -2515-
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12/11/2012 Item 16.A.26.
BudEet:
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 -2517-
12/11/2012 Item 16.A.26.
BUDGET Year 1
PROJECT TITLE: Barefoot Beach Condominium Mangrove Trimming Test Case
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. Kathv_Worle
Biologist/ Stats Tech Dr. Jeff Schmid
Biolo4ist Ian Bartoszek
Biologist Melinda Schuman
Intern
B. Fringe Benefits (Rate% * Total salaries applicable)
2. Supplies
Description
Fla in
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
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
2500 * 1
5000 * 1
,)nn * 1
Rangefinder 320 Z
Brunton pocket transit 310 * 2
Total Equipment Option 1
4. Travel
Purpose /Destination
Site Work
6. Other Expenses (Itemize)
Description
Copies
Printing
Office Supplies
Miles Mileage rate
35 * 0.555
Unit Cost $
100
50
100
*
Tota
Totals $
2500.00
snnn nn
LUU.uu
= 640.00
620.00
8960.00
Trips Totals $
22 ] = 427.35
Total Travel 427.35
Quantity Totals $
1 = 100.00
1 = 50.00
1 = 100.00
= 0.00
I Miscellaneous 250.00
S. Total Budaet
Total for Year 1 31767.94
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 -2518-
12/11/2012 Item 16.A.26.
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
Flagoing
DBH tapes
Tree Taos
Wire
Pliers
Densiometer
3. Equipment (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
Miles
35
6. Other Expenses (Itemize)
Description
Copies
Printing
Office Supplies
Annual Maintenance and Calibration of Equipment
S. Total Budget
Total for Subsequent Years (per year)
Rate/hr ($)
Hours
Totals ($)
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
Mileage rate Trips Totals $
* 0.555 * 16 ] = 310.80
corm iravei aiu.?su
Unit Cost $ Quantity Totals $
100 * 1 — 100
50 * 1 = 50
100 * 1 — 100
500 * 1 = 500
*
Total Miscellaneous 750
20868.75
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 -2519-
12/11/2012 Item 16.A.26.
BAREFOOT BEACH CLUB
CONDOMINIUM OWNERS ASSOCIATION, INC.
TRIMMING AND MANAGEMENT PLAN
October, 2012
Packet Page -2520-
12/11/2012 Item 16.A.26.
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
EXHIBITS
A. Aerial Depicting Mangrove Forest
B. Mangrove Trimming Plan
C. Monitoring Program
Packet Page -2521-
12/11/2012 Item 16.A.26.
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 -2522-
12/11/2012 Item 16.A.26.
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 -2523-
12/11/2012 Item 16.A.26.
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 -2524-
12/11/2012 Item 16.A.26.
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 -2525-
12/11/2012 Item 16.A.26.
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(l)(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 '/" in diameter will be removed by hand to an upland location for
disposal. All other cuttings including leaves and twigs smaller than '/" in diameter will be left in
Packet Page -2526-
12/11/2012 Item 16.A.26.
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 -2527-
12/11/2012 Item 16.A.26.
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 -2528-
12/11/2012 Item 16.A.26.
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 -2529-
12/11/2012 Item 16.A.26.
Barefoot Beach Club
Trimming and Management Plan
Page 9
V. Monitorins
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 -2530-
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September 21, 2012 11:16:53 a.m.
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12/11/2012 Item 16.A.26.
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 -2533-
12/11/2012 Item 16.A.26.
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 -2534-
12/11/2012 Item 16.A.26.
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 Ic = 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.
Page 3
Packet Page -2535-
12/11/2012 Item 16.A.26.
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 -2536-
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12/11/2012 Item 16.A.26.
BudLet:
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 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 -2538-
CONSERVANCY 12/11/2012 Item 16.A.26.
. of Southwest Florida
_. ,,,,,.,_�.,., OUR WATER, LAND, WILDLIFE, FUTURE.
Protecting Southwest Florida's unique natural environment and quality of life ... now and forever,
November 8, 2012
Chairman Fred Coyle
Collier County Board of County Commission
3299 Tamiami Trail East, Suite 303
Naples FL 34112 -5746
Sent Via E -Mail
RE: BCC Agenda Item 16.A.19. — License Agreement Between Collier County,
Barefoot Beach Club Condominium Owners Association, Inc. and the
Conservancy for Mangrove Trimming on County Property
Dear Chairman Coyle and Commissioners:
At your June 14, 2011 Board meeting, you directed staff, the Barefoot Beach Club
Condominium Owners Association, Inc. (Association) and the Conservancy of
Southwest Florida to find resolution on a plan that would allow limited trimming of
mangroves within County -owned property adjacent to Association property. For over a
year, the parties have worked to find a compromise solution that was consistent with
your direction.
The License Agreement contained within your agenda packet for the November 13,
2012 meeting is the result of such negotiations and represents what we believe will be a
sufficient level of protection and monitoring for the mangroves, while at the same time
implementing the Board's direction to allow limited trimming. The Conservancy
appreciates the efforts of both the staff and the Association in working with us to come
to consensus on this issue. The trimming parameters as established within this License
Agreement, in conjunction with the Environmental Study Agreement (a separate
agreement between the Association and the Conservancy), we believe fulfills both the
1450 Merrihue Drive I Naples, Florida 34102 1 ')'�a ORO nQn^ I Fax 239,262.0672 1 www.conservancy.org
Packet Page -2539-
12/11/2012 Item 16.A.26.
direction given by the Board and the Association's desire to have a plan for limited
trimming of mangroves on County lands.
Sincerely,
Z cElwaine
President and CEO
CC: Leo Ochs
Heidi Ashton -Cicko
Tom Mullin
Vilija Suziedelis
Packet Page -2540-
Comm. Fred Coyle, Chair
Comm. Jim Coletta, Vice -Chair
Comm. Georgia Hiller, Esq.
Comm. Donna Fiala
Comm. Tom Henning
Collier County Board of County Commissioners
Collier County Government Center
3299 East Tamiami Trail, Suite 303
Naples, Florida 34112 -5746
-'C'pOT
�cLUB�
Re: November 13, 2012, BCC Agenda Item I S.A.18. -
License Agreement between Collier County,
Barefoot Beach and the Conservancy of Southwest Florida
Dear Chairman Coyle and Commissioners:
12/11/2012 Item 16.A.26.
November 9, 2012
On behalf of the Barefoot Beach Club Condominium Owners Association, Inc. ("Barefoot Beach "), I request that the
Collier County Board of County Commissioners ( "County") approve the License Agreement between the County, Barefoot
Beach and the Conservancy of Southwest Florida ( "Conservancy "). On June 14, 2011, the Commission directed staff to
work with Barefoot Beach and the Conservancy -to work out an agreement for the trimming of the mangrove forest on
County-owned property. I am proud to report tHat we have done just that
Barefoot Beach obtained a permit from the Florida Department of Environmental Protection ( "FDEP ") to perform periodic
trimming of portions of the mangrove forest located on the County property. The FDEP permit allows for the reasonable
trimming of mangroves and non - mangroves in the riparian areas adjacent to Barefoot Beach. This water view was one of
the primary reasops unit owners purchased in Barefoot Beach. Over the past several years, this view has been
obstructed by the healthy growth of the mangrove forest The proposed trimming will'allow view corridors to be trimmed
within the mangrove forest, allowing for the return of the water views valued by Barefoot Beach residents.
The License Agreement submitted as part of your November 13, 2012, agenda represents the culmination of over three
years of cooperative work and consensus building with the Conservancy and the County to allow Barefoot Beach to
conduct reasonable mangrove trimming on the Barefoot Beach and County properties. To memorialize this effort,
Barefoot Beach and the Conservancy executed an Environmental Study Agreement which allows the Conservancy to
perform detailed environmental monitoring of these mangroves before and after the trimming would occur. The License
Agreement before you provides Barefoot Beach the necessary access to the County property to conduct the trimming and
maintenance activities, and allows the Conservancy to conduct its monitoring activities. This is all done without any
expense to the County. We see this as a significant benefit to the County and its tax payers, as County property will now
be maintained in perpetuity without any cost to the County. We thank the Conservancy and the County staff for their
cooperative effort in this matter.
We respectfully request that the County Commission approve the License Agreement as drafted.
Thank you for your consideration.
Very truly yours,
George jargreaves;'
Barefoot ach Club CO BOD, President
cc: Jeff Klatzkow, Esq., County Attorney (via email)
Heidi Ashton - Cicko, Esq., Assistant County Attorney (via email)
Andrew McElwaine, Conservancy of Southwest Florida (via email)
Leo Ochs, County Manager (via email)
Barefoot Beach Club COA Board of Directors (via email)
Thomas Mullin, Esq. (via email)
Barefoot Beach Club ^nom+ ^n^;n;, err, n —ners Association, Inc.
259 Barefoot Beach Boulevard - Bonita Spring?acket Page - 2541 -, Office (239) 495 -3311 • Fax (239) 495 -3121
12/11/2012 Item 16.A.26.
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 -2542-
12/11/2012 Item 16.A.26.
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
CONDOMR41UM 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
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12/11/2012 Item 16.A.26.
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 its 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
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12/11/2012 Item 16.A.26.
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 property, 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
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12/11/2012 Item 16.A.26.
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
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12/11/2012 Item 16.A.26.
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.
COMMISSIONER 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.
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12/11/2012 Item 16.A.26.
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.
COMMISSIONER 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.
COMMISSIONER HILLER: Aye.
COMVIISSIONER 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
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