In 1993, the Florida Department of Transportation (FDOT) conducted a noise study report to determine potential traffic noise impacts associated with the future six-laning of U.S. 41 project in areas adjacent to Pelican Bay. Results showed that "no sites within the project corridor were predicted to experience substantial increase in noise levels" and "abatement measures were considered and determined not to be feasible or unreasonable for reducing or eliminating noise impacts... through design year 2015."

In early 2000, FDOT began construction on U.S. 41 beginning from the south at Myrtle Road (see map) to Old US 41, resulting in the Pelican Bay Services Division Board receiving numerous noise and security concerns from Pelican Bay residents and property owners. In March, 2000, Mr. Robert Swart, President of BoMar Development Corp. wrote a letter to then Commissioner James Carter requesting support for a "sound and protection-from-intruders barrier" on the east side of Pelican Bay next to U.S. 41. In response, Commissioner Carter suggested that Mr. Swart work with the Pelican Bay Services Division to improve the sections of concern along the U.S. 41 berm. In May 2000, the Services Division requested that FDOT perform an additional noise study, however FDOT declined. In December 2000, in response to another letter from Mr. Swart, Ms. Michelle Arnold, Director of Collier County Code Enforcement agreed to conduct an "octave band reading of the traffic noise traveling on U.S. 41 in January 2001," however, according to email correspondence from then County Manager Jim Mudd, this was not done.

In May, 2002, Mr. Joseph Bawduniak, a Pelican Bay Services Division Board member at that time, performed a sound study with a handheld noise meter in the location of the affected areas, however the results were not validated by the State and no authority has performed additional sound studies since 1993. These factors led to ambient noise management becoming a "purpose" and "power" of the Pelican Bay Services Division by Collier County Ordinance 2002-27, executed on May 28, 2002. The Services Division's current Ordinance 2006-05 as amended continues to grant the Services Division the authority to address ambient noise issues.

The May 2010 Community Improvement Plan Final Report makes recommendations that address noise and security concerns along US 41.

Documentation

1. Ordinance 90-111
"An emergency ordinance creating the Pelican Bay Municipal Service Taxing and Benefit Unit..."

2. 1993 Florida Department of Transportation (FDOT) Noise Study Report: US 41 from C.R. 887 to South of Myrtle Road
"This noise study report examines the po tential traffic noise impacts associated with US 41 from C.R. 887 (Old US 41) to south of Myrtle Road in Collier County..."

3. 2000 - 2002 Consolidated Correspondence

4. Pelican Bay Services Division Board Meeting Minutes that discuss ambient noise management

a. March 1, 2000 (pages 4-5)

b. April 5, 2000 (pages 15-20)

c. May 3, 2000 (page 16)

d. May 23, 2000 (pages 20, 27-28)

e. June 7, 2000 (pages 9-10, 26)

f. July 13, 2000 (pages 19-20)

g. February 7, 2001 (pages 31-32)

h. September 5, 2001 (page 16)

i. December 5, 2001 (pages 12-13, 34-36)

j. February 6, 2002 (pages 20-26)

k. March 6, 2002 (pages 16, 18-19; 21-24; 26-29)

l. June 5, 2002 (pages 14-26)

m. August 7, 2002 (pages 25-26, 28)

n. February 5, 2003 (pages 22-24)

5. May 28, 2002 Board of County Commission Meeting Minutes
Item 8E, Ordinance 2002-27, creating the Pelican Bay Municipal Service Taxing & Benefit Unit, adopted with stipulations

6. Ordinance 2002-27

7. Ordinance 2006-05

8. Wilson Miller's May 2010 Community Improvement Plan Final Report