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Backup Documents 03/03/1998 RREGUBAR MEETING OF MARCH 3, 1998 March 3, 1998 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 3, 1998 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTERW~TH THE CO~ ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRF~S THEBOARDON SIIBJECTSWHICHARENOTONTHIS AGENDA MUST BE SUBMI~'~ED IN WRITINGWITH EXPLANATION TOTHE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE ~RTING AND WILL BE ]~D~ER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOA~{D WILT. NEED A RECORD OF ]7{E PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY ~ TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, W}IlC}{ RECORD INCLUDES THE TESTIMONY AND ~DENCE HPON WHICH ~ APPEAL IS TO BE ~ED. ALL REGISTERED PUBLIC SPEAKE~SWILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONALTIME IS GRANTEDBYTHE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAI~RnARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION - The Reverend Read Heydt - Trinity-By-The-Cove Episcopal Church 2. PLEDGE OF ALLEGIANCE o APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted with changes - 5/0 0 APPROVAL OF MINUTES Approved as presented 5/0 A. February 10, 1998 - Regular meeting. B. February 11, 1998 - Workshop PROCLAMATIONS ANDSERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming Tuesday, March 3, 1998 as Rotary Page 1 ~rch 3, 1998 International Group Study Exchange Team Day. To be accepted by Team Leader Yasuhiro Nakamura and Team Members Takeyasu Suzuki, Takayuki Hoshinoya, Ikuko Tarunuma and Yoko Tsukada. Adopted 5/0 Bo SERVICE AWARDS Presented 1) Gary Arnold - Emergency Management - 10 years. 2) Mike Smykowski - Office of Management & Budget - 10 years. 3) Jess Nettles - Library - 10 years. 4) Thomas White - EMS - 10 years. C. PRESENTATIONS 6. APPROVAL OF CLERK ' S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS ao Robert D° Nadeau, Executiv~hDirector of the Naples Junior Chamber regarding a July 4 Festival. Staff to work with Jaycees and bring back as a regular agenda item - 5/0 8. COUNTY ADMII~STRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Continued to 3/17/98 1) Recommendations for action by the Board of County Commissioners relative to Ordinance 92-82, as amended, also known as the Golden Gate Health Park PUD, which has not commenced construction as defined in Section 2.7.3.4 of the Land Development Code. 2) Petition ST-97-2, Rebecca D. Andrews, Trustee for Tamarac Land Trust through their agent, Gary Butler, P.E., of Butler Engineering, Inc., requesting a Special Treatment Development Permit to allow construction of a commercial office park on a portion of the property with a Special Treatment (ST) Overlay located in Sec. 12, T49S, R25E. Res. 98-59 - Adopted 5/0 3) Presentation of the 1997 Annual Report of the Development Services Advisory Committee (DSAC). Accepted - 5/0 Page 2 March 3, 1998 B. PUBLIC WORKS C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 1) Consideration of County Participation and Monetary Contribution in the Florida Association of Counties' "Floridian for Fairness in Court Funding" Initiative as it Relates to Article V of the Florida Constitution. Approved and Staff directed to bring back an appropriate enabling ordinance - 5/0 2) Discussion and approval of FY 1999 budget policy. Budget ~olicy approved - 5/0 and Budget workshop meetings set for Wednesday, June 17, Thursday, June 18, and Monday, June 22. th 3) Establishment of a separate fund for court services (20 Judicial Circuit). Approved with associated budget ameD_~me~ts; that agreements have line item budgets attached and identify personnel and purchasing policy as the appropriate policies to be used by the Clerk office and that all it~m~ comply with State Statutes in reviewing th~m - 5/0 F. AIRPORT AUTHORITY 1) Recommendation to recognize $183,400 in carryforward and reduce reserve for contingencies by $6,600 in order to appropriate $190,000 in the Immokalee Manufacturing Incubator Center project. Approved 5/0 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS ao Appointment of members to the Radio Road Beautification Advisory Committee. Res. 98-60 appointing Leona Hyland, Kathryn Godfrey-Irwin, Crystal Kinzel and Stan Whittemore and Staff to readvertise for other vacancy - Adopted 5/0 Bo Appointment of members to the Code Enforcement Board - South. Res. 98-61 appointing Robert Lockhart and KathrynGodfrey Irwin subject to her not being on more than two couuuittees and advertise for other position - 5/0 C. Presentation by Raymond C. Pelletier regarding Landscape Page 3 March 3, 1998 Designers Bill HB 3523. (Commissioner Berry). Letter of support in concept to be sent to State Representatives - 3/2 (Commissioners }{ancock and Norris opposed) Do Resolution for repeal of preemption language in the Florida Clean Indoor Air Act, Chapter 386, Part II, Florida Statutes. Resolution 98-62 - Adopted 4/0 (Co,~issioner Constantine out) Appointment of members to the Bayshore/Avalon Beautification MSTU Advisory Committee. Resolution 98-63 appointing Michael Bruet, Thomas Brisco, James Lennane, Bill Neal, and Robert F. Messmer - Adopted 4/0 (Commissioner Constantine out) 11. OT}fER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS 1. Mr. Thompson re pollution control issues PUBLIC HEARINGS WILL BE HEARD ~IATELY FOLLOWING STAFF ITEMS 12. AUVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENdMeNTS B. ZONING AMENDMENTS 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS Discussion re underground piping during construction of the East Trail. B. Discussion re Productivity Committee/Sheriff's Office. 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Page 4 March 3, 1998 Approved and/or Adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Satisfaction of Lien - Resolution 97-126. 2) Satisfaction of Lien - Resolution 97-103. 3) Satisfaction of Lien - Resolution 96-343. 4) Satisfaction of Lien - Resolution 97-104. 5) Satisfaction of Lien - Resolution 96-162. 6) Approval and execution of Extension of Agreement for North Code Enforcement Board legal counsel. With Roetzel & Andress in the amount of $8,000 to be in 6 monthly installments. B. PUBLIC WORKS C o 1) Authorize Transportation Services Department to undertake limited Landscape Improvements to the entrance median on Palm Drive at the Intersection of U.S. 41 and Palm Drive. In an amount not to exceed $6,000 in materials costs 2) Approve Word Order CDM-FT-2 with Camp Dresser McKee for Professional Engineering Services and Surveillance of the North County Regional Water Treatment Plant related to blasting activities on an adjacent property. 3) Execute a Real Estate Sales Agreement for Lot 53, located within Blue Heron Lake Park, an unrecorded plat. 4) Award a Contract to E.B. Simmonds Electrical Inc. to install lighting systems at three community parks, Bid No. 97- 2766. In the amount of $100,020.00 5) Acceptance and Execution of License and Use Agreement within Lakewood Country Club of Naples. PUBLIC SERVICES 1) Approval of two Satisfaction and Release of Mortgages. 2) Grant of easement to Florida Power and Light Company upon real property owned by Collier County, a political subdivision of the State of Florida. 3) Approve a budget amendment to fund the previously approved Page 5 ......................................... IIIIIIill ...................... IIII III ........ I! March 3, 1998 Naples Landing project. In the amount of $160,000 4) Award an agreement to Varian Construction Company to construct picnic shelters at community parks. Work Order VC-128 in the amount of $176,389 D. SUPPORT SERVICES 1) Approval to award Agreements for General Contractors Services on an as-needed basis, (97-2763). Awarded to Vanderbilt Bay Construction; Wm. O. Varian Construction; Surety Construction; and Professional Building Systems 2) To authorize Chairman to sign State of Florida EMS Matching Grant Application. 3) This item has been deleted. 4) Approve a Lease Agreement with South Florida Water Management District to provide the District with radio antenna and equipment space at an existing County radio communication tower site. Res. 98-57 E. COUNTY ADMINISTRATOR 1) Recommendation to Approve a Resolution Authorizing Expenditure of Funds for the March of Dimes "WalkAmerica" Activities Res. 98-58 F. BOARD OF COUNTY COMMISSIONERS G. MI SC~.r m/~-FX)US CORRESPONDENCE 1) MISCRLLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRFJ2TED. H. OTHER CONSTITUTIONALOFFICERS I. COUNTY ATTORNEY J.AIRPORT AUTHORITY ADJOURN 17. INQUIRIES CONCERNING CHANGES TO THE BOARD' S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. Page 6 AGENDA CHANGES BOARD OF (~OUNTY C. OMMI, ehqlONER.'~' MEETING MARCi! $, 1998 CONTINUE TO MARClI ! 7TtI: ITEM 8(Al(Ii: RECOMMENDATION FOR ACTION BY THE BCE RELATlP'E TO ORDINANCE 92-82, AS AMENDED, ALSO KNOHqV AS THE GOLDEN GATE HEALTII PARK PUD, WHICtI IIA$ NOT COMMENCED CONSTRUCTION AS DEFINED IN,¥ECTION 2. 7.3.4 OF TtlE I~ND DEVELOPMENT CODE. (.~TAFF:~; REQUEST). PROCLAMATiON 5 Ai WtlEREAS, t ~'HEREA S, we welcome the Rotary International GrOup Study Exchange Team from Rotary International District 2820 Japan to Collier County, Florida; and the Rotary Foundation of Rotary International Group Study Exchange Program, has sent to us a team of fimr pn~'ssionals who are vis'iting Collier County to study our institutions and ways of life; and IVIIEREAS, the team members will also observe the practice of their own profes.,ions and exchange ideas; and tVItEREA& the team is able to personally experience family lifestyles as' they are hosted by Rotary Clubs of Collier County and given accommodations in local homes; and WIIEREA& the Rotary Foundation is a nonprofit corporation supported by Rotarians and others worldwide. Its objective is the achievement of world understanding and peace through international humanitarian and educational program& NOt~' THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County. Flortda. that Tuesday, March 3,. 1998, be designated as ROTARY 13fI'E~ TIONAL GROUP STUD Y EXCHANGE TEAM DA Y DONE AND ORDERED THIS Srd Day of March I998. aROC'kC, Ctg#K BOARD OF COUNTY COMMI,.~IONERS COLLIER COUNTE FLORIDA RESOi, UTION NO. 98- 59 P, ELATING TO PETITIOI! NUMBER ST-97-2 FOR SPECIAL TREATMENT DEVELOPMENT PEP, MiT TO ALLOW COt. H;Tf~UCTION OF A BERM TO PROVIDE WATER MANAGEMENT FO!< A COMMERCIAL OFFICE PARK ON PROPERTY ZOt,IED C-1 A PORTION OF WHICH HAS A SPECIAL TREATMENT (ST) r~'/ERLAY HEREiI~AFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 8A2 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes has conferred on Collier County, the power to establish, c~rdir,.~: ;~rl,] ,~r~f~,r~:~, zoning ,~r~! :~uch business regulations as are necessary fo~ the protection of the public WHEREAS, the County pursuant t~,ereto has adopted Ordinance 91-102 ~s amended which es[~blishe:~ r.::gulations for the zoning of particular geographic divisions ot the County; and WHEREAS, the Collier County Commissioners, being the duly elected constituted board o[ the area hereby affected, has held a public hearing after due notice as irt said regulations made and provided, and has considered the advisability of allowing the construction of a water management berm to serve a co,unercial office park including eleven buildings and parking areas as shown on the attached plot pl.&n, Exhibit *'A", in a C-l/ST - Commercial/Special Treatment - zoning district for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 2.2.24 of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board h~ving considered ali matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Petition ST- 97-2 filed by Gary Butler, representing Rebecca D. Andrews, Trustee ~or Tamarac Land Trust, with respect to the property more particularly described as: Commencinw at the Northwest corner of the Northwest h of the Southwest h of the Southwest h of Section 12, Township 49 South, Range 25 East, Collier County, Florida, run South 89*53'48" Ea:~t 100.0¢) feet. along the North line of said Northwest h of th~ .fiouthwest h of the Southwest ul to the intersection oi the East right-of-way line of Airport Road (r;r~unt¥ Rr,~rJ 3]); thence $~uth 0027']0'' West 316.15 feet along said right-of-way line to the point of beginning; ther~ce ':~,r, tirlue So,Jt.~ 0*2'/' 10" West 313.25 feet to the North riqht-~f-way line of YMCA Road; thence Seuth 89"53'25" East %21.~.4 feet along said right-of-way line; thence North 0"16'~]'1'' East q]%.25 f,~et; thr~nr:e florth 89053'25'' West 520.86 feet to the point of beginning. be approved for a Special Treatment Development Permit allowing the construction of a water management berm to serve a cormmercial office park ir:c]ddir, g eleven buildings and parking areas as shown on the attached plot plan, Exhibit "A", in a C-l/ST - Commercial/Special Treatment - zoning district wherein said property is located, a~bject to the following conditions: 1. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. 2. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the ST area, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 3. Minor revisions to Special Treatment Development Permit No. ST-97-2 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ST-97-2 be recorded in the minutes of this Board. vote. This Resolution adopted after motion, second and majority Done this ATTEST: Dwight E. Brock, Clerk Approved as to Form and Legal Sufficiency: Marjcdbie M. Student Assistant County Attorney BOARD OF County COMMISSIONERS COLLIER COUNTY, FLORIDA BAt~RA B. BgRR"~ C~a~i~ -2- MEMORANDUM 8 DATE: TO: FROM: RE: March 2, 1998 Board of County Commissioners Michael Smykowski, OMB Director March 3, 1998 Commission Agenda, Item 8E(3) There are three items requiring clarification in or related to the March 3, 1998 Executive Summary entitled "Establishment of a Separate Fund For Cou,"t Services (20"' Judicial Circuit)," Agenda item 8E(3). 1. In the Objective section, lhe words "within Agency One" should be added. This designation simply means that thi~ will be a fund of the Board of County Commissioners. The revised Objective shall read as follows: Board approval directing the establishment of a separate fund within Agency One for Court Services (20"' Judicial Circuit) in Collier County for the FY 97-98 County budget and approval of associated budget amendments. 2. In paragraph four of the Considerations section of the Executive Summary, the words "section VIII of" are deleted. The revised paragraph shall read as follows: Therefore, pursuant to Chapter 129, Florida Statutes, staff is recommending a budget 3mendment be approved that establishes a separate fund for expenses of the Court Services (20" Judicial Circuit) in Collier County, pursuant to the agreement between the Board of County Commissioners and the 207' Judicial Circuit. 3. In addition, as a follow.up to this Executive Summary, staff will bring forth a revised agreement for Court Services that incorporates the line item budget detail. The revised agreement will be brought forward via a separate Executive Summary for consideration by the Board of County Commissioners. cc: Robert Fernandez, County Administrator David Weigel, County Attorney Dwight Brock, Clerk of Courts AMENDMENT TO COURT SERVICES AGREEMENT 8 E-3 This Amendment to Court Services Agreement ("Amendment"), is entered into this _._."_ day of March, 1998 by and between the Board of County Commissioners of Collier County, Florida ("County"), and the Chief Judge of the 20'h Judicial Circuit, the Honorable Hugh E. Starnes ("Chief Judge"), and the office of the Court Administrator for the 20'h Judicial Circuit, William D. Wilkinson, Sr., Court Administrator ("Court Administration"). WITNESSETll WHEREAS, County and the Chief Judge and Court Administration have previously entered into an Agreement dated September 5, 1995 providing for the administration of Court Services for Collier County; and WHEREAS, a dispute has arisen resulting in litigation being brought by the Collier County Clerk of Courts against lhe County and the Chief Judge; and WHEREAS, on March 3, 1998 the County approved an amendment to the Agreement in order to clari f,v the terms of Ibc Agreement and resolve the dispute mentioned above. NOW, THEREFORE, in consideration of lhe mutual covenants and provisions contained herein, the parties agree to amend the Agreement as follows: 1. Section Il., "EXPENSES", is hereby amended to read as follows: A. The County will annually adopt a budget for Court Services. B. Disbursements to Court Sev,'ices will be made in accordance with established county procedures. Current General Fund expenditures excluded from this Agreement include County and Circuit Court Judges operating expenses, County Security, Public Defender and State Attorney operating expenses. The courts have a number of special revenue funds; these will be treated as identified below: I. Criminal Justice Trust Fund (currently Fund 699) will be transferred to Collier County Clerk of -I- · 8 E-'3 Circuit Court, along with thc required reporting to thc State of Florida. Thc revenues associated with the fired will be used to reimburse the Board of County Commissioners' General Fund for expenditures as defined in Section 27.3455 Florida Statutes. Guardianship Fund (currently Fund 192) will be established within Agency One, a fund of the Board of County Commissioners. Responsibility for reporting to the State, thc Statement of Conflict Counsel Expenses and Costs Form will be performed as provided in Section 925.037 (5) (b), Florida Statutes. The reimbursement from thc stale, associated with this form, will be deposited in the Board of County Commissioners' General Fund. Court Services cosls are not to be considered costs of the Collier County Clerk of thc Circuit Court in any manner. All uncxpended funds from each fiscal year will bc returned to thc County. 2. Thrcc ncw paragraphs arc hcrcby added to Section IV. "BUDGET DEVEI.OPMENT AND MONITORING", which read as follows: Upon completion of its annual budget adoption process, the County shall annually amend this Agreement to incorporate thc program format with line item expenditures for Court Sen'ices lbr the next Fiscal Year. A separate fund for thc Court Semices budget is hereby recognized with funding for said budget by a transfer from the County General Fund. This fund for Court Services will be established within Agency One, a fund of the Board of County Commissioners. Pursuant to Section Il of this Agreement, thc County hereby incorporates the Court Services program format with line item expenditures attached hereto as Exhibit A for Fiscal Year 1997-98. -2- · 8£-3 3. Section VI. "PUR~'HA$1NG," is hereby amended to read as follows: Court Services will be exempted from all County purchasing policies and will conduct fiscal activities in accordance with applicable Florida Statutes The Court Administrator and Chief Judge hereby confirm that the policy governing Court Services purchasing is entitled "The Purchasing Policy of the Court Administrator of the 20~ Judicial Circuit" and is attached as Exhibit B. 4. A new paragraph "C" is hereby added to Section VII. "HUMAN RESOURCES," and reads as follows: C. resources (personnel) The Court Administrator and Chief Judge hereby confirm that the human policy used for Court Services (personnel) is entitled "Court Administration 20'h Judicial Circuit Personnel Policy" and is attached hereto as Exhibit C. 5. Section Vlll., "FINANCE AND PAYROLL", paragraph A, is hereby amended to read as follows: A. Invoices for Court Sen'ices will be processed and paid in accordance with established county procedures. 6. A new Section Xlll., "CONFLICT AND SEVERABILITY", is hereby created to read as follows: if any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. -3- E-3 The Agrc.?mcnt, as amended, shall remain in full force and effect. IN WITNESS WHEREOF. thc panics hereto have executed this Amendment to Court Services Agreement the date first written above. Attestation only as to the authenticity of t~e signature of the Chaiman of the Board of ~ty .Gon~issioners. Clerk of Court Board of County Commissioners Collier County, Florida /D/wight E, Brock,~Cl~k / Bat:hca B. l~err~ Charrman-':~. ' ~ Chief Judge of the 20* Judicial Circuit Approved aa to form and legal sufficiency: By: '~" -, Hugh Er. Statues ChicfJudge R"a/mim Maflalic~, ChiEf Assis'-tan~ County Attorney William D. Wilkinson, Sr. Court Administrator -4- 201h .ludi¢ial Circuil Con r! (;cncral I;und (001) 8 [-3 ( ;aa I~: To prn~,l¢ c/f'ccti~c and cl'l~cmm ~crvicc~ to the Jmliciarv ami all Iho~¢ mvnlvcd in fhc ('onrt Sy~lcm in Collicr Cmmty. % of % nf ToI=I !'r,g.r_;!m~'. _I-_-T_I-_'.'_~ .l:_c_r~(J_n_n_t_'! FY 98 (,o~l Dollar, linde I,cv¢l Includcs accounting fi~r ¢:nurl-ordcrcd costs; providing Guardian Ad I,ilcm. mediation. inlc~rcl~r, wJlllc~s m;m:l~CrllcnVvictinl offenders ns dircclcd hy Cnu~5; and providing supervision Iht mi~dcmc;mor dcfcmlarlls placcd on prohalion. l)omc.~lic Violcncc I Jnit Scrwcs ns a coordinalhm uni! criminal ca,es. civil ;md Support Scrviccs For Administration and Probation Alcohnl and Economic Rehabilitation Clas~cs 32.0 82.0% S2,531,100 82.0% 4.0 I O.(W. S308.700 10.0% 3.0 8.0% S246.900 8.0% 0.0 0.0% S2.500 0.0% Grand Total 39.0 100.0% $3.089,200 100.0% I'crformance Measures Actual FY 96 Forecast FY 97 Budge! FY 98 Adulls on Supervised I'robathm Court Cmmscling Clients Initial Cnntacls by Subpoena 4,022 2.675 48.527 2,700 52.000 4.435 2.750 59.000 8 I t £-3 8 E-5 , 8 E-~ 8 E-} '0 8 "~'8 E-3 I · t ]_2 £-3 8 E-3 0 · · o o o o 8 E-.~ II. 8 E-3 PURCHASING POLICY OFFICE OF THE COURT ADMIN/STRATOR TWENTIETH JUDICIAL CIRCUIT . ESTABLISHMENT AND PURPOSE OF POLIC~Y_Y In order for the Office of the Court Administrator to continually maintain its objeaives it is imperative that we continually strive for lower costs, improved quality, and improved service in every area of the operation ofthe court system. A large element of cost and quality is purchased material and services. The primary responsibility for purchasing material and services will be those persons or divisions designated by the Court Administrator who gill process the purchase and payment of materials, cc~urt costs, supplies and services within the respective counties of the Twentieth Judicial Circuit. These individuals ,,,,'ill insure that the necessary paperwork is submitted with all requests for purchase and that the Deputy Court Administrators approve all purchases within their respective counties and that the overall approval for all purchases shall not be valid un/ess approved and signed by the Court Administrator or the Chief Deputy Court Administrator. A. Persons who have been designated to perform purchasing activities for the Office of the Coun Administrator shall be responsible for: I. Seeking Minimum Expenditur¢.~: Act to procure for the Office ofthe Court Administrator the highest quality in supplies and contractual services at the least expense to the Office of the Court Administrator. 2. Encouraging Competitiorl: Endeavor to obtain as full and open competition as possible on all purchases and supplies. 3. ~: Establish and amend when necessary, operational procedures for the implementation of the purchasing policy. Said procedure shall become effective ordy when approved in writing by the Court Administrator. Copies of the procedures shall be maintained on file in all Coun Administration Offices in all counties in the circuit. 4. Purchasing Analysis: Keep informed of current developments in the field of purchasing, prices, market conditions and new products and secure for the Office of the Court Administrator the benefits of research conducted in the field ofpurchasing by other county or governmental jurisdictions, national technical societies, trade associations having national recognition and by private business and organizations. 8 5. Purchasing Manua[: Prescribe and maintain all Purchasing documents required to operate within the counties ofappointment. The content ofthe. materials shall be governed by the Purchasing Procedures used in each county. 6. ~;2/3~: Prescribe and maintain such forms as shall be found necessary and reasonable to the operation and execution of'this policy. 7. 3/endor Certification: Document that vendors doing business with the Office of the Court Administrator have acknowledged their understanding and acceptance of any forms, terms and conditions used bi the Office of the Court Administrator and agreed to abide by those terms. 8. ~d~,.P_l,l:r, ha,~: Exploit the possibilities of buying "in bulk" so as to take full advantage of discounts. Use county approved bulk purchase contracts or bid contracts where advantageous and practical. 9. Vendor's Catalo_~ Fi!~.: Prepare and maintain a vendor's catalog file. Said file shall be organized according to the type of materials and or services and shall contain description of vendors commodities, prices and discounts available to the Office of the Court Administrator. 10. ~,-E2Lr,~:I~Zt[0~: Act in each county as to procure goods and services utilizing the respective county's tax exemption certificates to which the county is entitled. I 1. C..O~.IZ~G1~: Cooperate with using agencies so as to secure for the Office of the Court Administrator the maximum efficiency in budgeting and accounting. 12. Disqualification of'Bidder~: Have the responsibility to ascertain for the Court Administrator and identify all vendors who default their quotations or bids to the Office ofthe Court Administrator in order that the Court Administrator can determine the remedies available under said default. 13. Inquiry_ and Contro_l: Have full authority to question the quality, quantity, and kinds of items requisitioned in order that the best interests of the Office ofthe Court Administrator are served prior to submission to the Court Administrator and/or Chief Deputy Court Administrator for purchase or quotation or for formal bid. 2 ..... IIII I .......... III I IIIlll I I I IIII IIIIIII III. IV. FIELD PURCHASE ORDERS: A. Field purchase orders or immediate need purchase orders for commodities of'an unusual nature, out o£town travel expenditures, and other unforseen services may be used not to exceed the maximum value of $500.00. The field purchase orders shall be processed by designated purchasing personnel and approved by the division head, the County's Deputy Court Administrator and permission to purchase is authorized after the field purchase order has been approved by the Court Administrator and/or Chief' Deputy Court Administrator. D. UD..~: (Purchases between 3500 and $15,000) A. All purchases of'commodities and contractual services o£a total estimated value in excess of.SI,000 and less than or equal to Sl 5,000 may be made in the open market without public announcement and without £ormal bid. All purchases not requiring formal competition shall be awarded by the Court Administrator and/or Chief'Deputy Court Administrator to the qualified and responsive vendor submitting the lowest or best overall quote which meets all specifications. I. Minimum Number of Ouote~: Purchases between S500.01 and $l,000.00 may be procured with one quote with the prior review and approval ofthe Court Administrator and/or the Chief.Deputy Court Administrator. Open market purchases or sales in excess of.S1,000 but less than or equal to the formal competitive threshold of'S1 $,000 shall be based on at leasl three (3) competitive quotes and shall be awarded to the lowest, qualified and responsive quote in accordance with these standards. 2. Solicitation of'Ou_otes: The individuals who have been designated with purchasing responsibilities may solicit either oral or written quotes for open market pricing and/or sale, using available bidders and suppliers lists. All oral quotes in excess of'S?,000 shall be confirmed in writing by the vendor prior to purchase. All quotes and appropriate documents shall be submitted to the Court Administrator or Chief'Deputy Court Administrator be/ore final approval is made for purchase. Backup documents shall be kept on file to substantiate the solicitations. 3. Public Record_: A record of.all open market quotes submitted shall be kept in the respective counties and shall be available and open to public inspection after an award has been made. The requirements for requesting quotes from three (3) or more sources are waived and do not require further action for: 1. Purchase of library books, and other goods or services required by the courts. 3 Formal A. 2. Professional services; and, in instances when authorized by the Court Administrator and/or Chief Deputy Court Administrator where commodities or services are purchased directly from the owner of'a copyright or patent a governmental agency, a recognized educational institution, or when there are no other identifiable sources available. 3. Purchases that the Court Administrator and/or the Chief'Deputy Court Administrator have determined to be legitimate single source purchases. 4. Valid public emergencies and/or other instances deemed by the Court Administrator to be in the best interest of'the Courts. ' competitive threshold. (Purchases in excess of S 15,000) It is the intent ofthe Court Administrator to establish an amount ot'$15,000 as the Court Administration's formal competitive threshold for purchases. The established limit shall be applied to all methods of purchase by all Court Administration Offices in ali counties under the purview of'the Court Administrator including but not limited to competitive sealed bids, competitive proposals and competitive selection and negotiation. The requirement for formal competition may be waived by the Court Administrator under the following circumstances: I. Single source purchases (pursuant to subsection C). 2. Valid emergency (pursuant to section XVH.) 3. Where it is determined to be ir, the best interests of'the Court and/or Office of the Court Administrator. Ail purchases subject to formal competition shall be awarded by the Court Administrator unless otherwise designated. Exemption for Single Source Commodities: Purchases of'commodities and services from a single source may be exempted from formal competition upon certification by the Court Administrator and/or Chief Deputy Court Administrator of'the f'ollowing conditions: 1. The item(s) is the only one available that can properly perform the intended function(s); 4 I II IIIIIII II ......................... VI. 8 E-}: 2. The recommended vendor/contractor is the only one ready, willing and able to meet the Court Administration requirements. Ali single source purchases in excess of the formal competitive threshold shall be exempted from formal competition by the Court Administrator. Purchases less than or equal to the formal competitive threshold may be exempted from competition by the Court Administrator and/or Chief Deputy Court Administrator. COMT'ETITIVE BID PROCESS_ Any purchases of commodities or services costing in excess of the formnl competitive threshold shall be accomplished by competitive sealed bid, by competitive-selection and negotiation or by competitive proposals. Awm-d of'Bid contract shall be made by the Court Administrator to the lowest, qualified and responsive bidder except where otherwise provided for in this policy or unless an exception is granted by the Court Administrator. Bid limits for requirements utilizing federal or state funds will be those required by said agency granting the funds or the Office of the Court Administrator, whichever takes precedence. A. Blotice Inviting Bidq: 1. Agllg_llllgllll,~: Notice inviting bids shall be publicly posted by purchasing personnel in each county in a consistent public location at least ten (10) days preceding the last day established for the receipt of proposals. 2. Scope of Notice: The public notice required herein shall include a general description of the commodity/services to be purchased or sold, shall state where bid instructions and specifications may be secured, and the time and place for opening bids. 3.13-JlidtCLI2~: Designated purchasing personnel shall also solicit sealed bids from qualified prospective vendors/contractors who have requested that their names be placed on a "bidders list", which the purchasing personnel shall maintain in each county by sending them a copy of such a notice as will acquaint them with the proposed purchase or sale. Invitations sent to the vendors/contractors on the bidders' list shall be limited to commodities or services that are similar in character and ordinarily handled by the trade group to which the invitations are sent. Vendors/contractors may be removed from the bidders' list by the Court Administrator for continual non-response to bid requests. 4.1~..9,~.~: when deemed necessary by the Court Administrator, bid deposits shall be prescribed in the public notices inviting bids. Said deposits shall be in the amount equal to five percent ofthe bid submitted. The Court Administrator shall have the authority to return the deposits of'ali bidders prior to the award ofthe bid contract. A successful bidder shall forfeit any deposit required by the Court Administrator upon failure on the vendors part ;o enter into a contract within ten (lO) working days after the written notice oFaward. 5. ~: An addendum to a specification shall be defined as an addition or change in the already prepared specifications for which an invitation has been mailed rot formal quotations or an announccmcnt has been posted for a formal sealed bid. Bo a. Any addendum to a request for formal sealed bids shall.be approved by the Court Administrator or the Chiel'Deputy Court Administrator. The addendum shall clearly point out any addition or change to the invitation for bids. b. The designated purchasing personnel in each county shall be responsible /'or insuring that all prospective bidders who have received specifications are notified o£the addendum in writing prior to the opening ofbids. Procedure for Bi~d_s: 1. ~: Sealed bids shall be submitted to the Court Administrator and shall be clearly identified as bids on the outside of'the sealed envelope. 2. ~: Bids shall be opened publicly at the time and place stated in the public notices and shall be witnessed and certified by designated purchasing personnel within the counties where the bids have been solicited. 3. [gbuJa. ti~: A tabulation of all bids received shall be made by the designated purchasing personnel and shall be available for public inspection. .T.i.L[[~: where there are Iow tie bids, the award process shall first be subject to Section 287 OI 7, F.S. Should a tie still exist among two or more bidders and one of the low qualified vendors has a principal place of business located in the county for which the bid was solicited, the bid shall be awarded to the local bidder. Rejection of' Bids and Negotiafionj~;: I. The Court Administrator shall have the authority to reject any and ali bids. 2. Ifthe lowest and most responsive bid exceeds the budgeted amount the Court Administrator may negotiate changes with the apparent lowest qualified and responsive bidder that will bring prices into budgeted limits. 8 3. If no bid is received the Court Administrator may authorize purchasing personnel to purchase by negotiations under conditions most favorable to the public interest and when purchase v,~ll result in the lowest ultimate cost for the commodities or services obtained. Waiver of lrre~lariti~,~: The Court Administrator shall have the authority to waive any and all irregularities in any and all formal bids. Award of Bid Contrac, i: The Court Administrator shall execute formal contracts having binding effect upon the Office of Court Administration. Formal bi-lateral contracts shall not be required where a purchase order is sufficient. A formal contract shall be awarded by the Court Administrator to the lowe~t qualified and responsive bidder. In addition to the price the following shall be considered: I. The ability, capacity and skill of the bidder to perform the contract. 2. The ability ofthe bidder to perform the contract within the time required or the least time, if appropriate, without delay or interference. 3./he experience and efficiency of the bidder. 4. The quality and performance of previous contracts awarded to the bidder. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 6. The quality, availability and adaptability of the commodities or contractual services to the particular use required. 7. The ability of the bidder to provide future maintenance and service (where applicable). All recommendations for the award for bid contract will be reviewed and approved by the Court Administrator prior to consideration. Bidders competing for a prospective bid award will not be perm/tied to address the Court Administrator regarding a respective purchase prior to the time of the award unless requested to do so by the Court Administrator. PROCUREMENT OF PROFESSIONAL SERVICES Because differences in price may only be a minor concern compared to qualitative considerations, professional services may be exempted by the Court Administrator 7 8 £-3 VIII. from the competitive bidding process instead professional services will be typically acquired through one of the following methods: 1. Competitive Selection and Negotiation or specific selection and negotiation from a provider. 2. Competitive Proposals or specific request ora proposal from a provider. A professional service shall be defined as assistance obtained in support ofthe Office of the Court Administrator or the Courts from an independent contractor in one or more of the following professional fields and the following fields are not to be taken as inclusive: - 1. Appraisal Semces - real and personal property appraisers. 2. Architecture, professional engineering, landscape architecture or registered land surveying services. 3. Audit and accounting services - auditors and accountants. 4. Consultants - planning, management, technological or scientific advisors. 5. Financial Services - bond counsel, rating and underwriting, financial advisor, and investment services. 6. Legal Services - attorneys and legal professionals. 7. Medical Services - medicine, psychiatry, dental, hospital, and other health professionals. COMPETITIVE PROPOSALS: The competitive proposals process is a method of contract selection that may be utilized by the Court Administrator under circumstances where one or more of the following conditions exist: I. Where qualitative considerations are of equal or greater concern than pricing consideration. 2. Where the conditions of the purchase do not lend themselves to the formal sealed bid process or the award ora firm, fixed fee contract. 8 3. Where the Office of the Court Administrator is incapable of specifically defining the scope of work for which the commodity(s) or service(s) is required and where the qualified offeror is asked to propose a commodity(s) or service(s) to meet the needs of the Office of the Court Administrator. 4. Where the Office of the Court Administrator desires to enter into a single contract for the design and construction ora court project or process. For purchases in excess of the formal competitive threshold and where appropriate, the competitix'e proposals process will be utilized. The process will be conducted in a manner similar to the sealed bid process as set forth under the sections listed above except where otherwise stated in this section7 The competitive proposal process shall proceed as follows: 1. A Request for Proposal (RFP) will be prepared and distributed in a manner consistent with the definition of said term found above. Said "RFP" shall be publicly posted by designated purchasing personnel for a period not to exceed twenty one (21) calendar days preceding the last day established for the receipt of proposals. 2. Each Request for Proposal shall identify the appropriate evaluation procedures and criteria to be applied to the selection ofthe best proposal among the respondents. 3. Prior to the announcement and distribution ofthe "RFP", the Court Administrator may appoint a selection committee to evaluate their proposals received, 4. Proposals may be solicited and/or received in one or more steps deemed appropriate by the Court Administrator. C. Final selection and award will be made by the Court Administrator. PAYMENT OF INVOICES It is the intent ofthe Office ofthe Court Administrator that all counties under its purview be prompt in payment of their invoices. Pursuant to this, the following requirements shall apply to transaction: 1. The purchase of commodities and services. 2. The purchase or lease of personal property. 9 ii ii iii I I III II I I IIIIII II III I ...... I ....... II 8 E-3 3. The lease ofreal property. 4. Court Cost Motions. It shall be the responsibility of the Office of the Court Administrator, to establish, valid policies with the Clerk's of the Court or County which provide payment services for Court Administration invoices. I. Designated Court purchasing personnel will establish procedures for the content and submission of a proper mV.Ol.c.e, codifying the County's and/or Clerk's payment requirements and formally notlb~ng each Clerk of the Court Administration purchasing policies. 2. Court Administration purchasing personnel shall take the required steps to maintain copies and forward receipts of all invoices for the proper processing by the respective Clerk's of Court or County. 3. Court. Administration purchasing personnel shall take the required steps to resolve any payment disputes between the Office of the Court Administrator and any vendor. Court Administration funds may be used to pay for dues for memberships in a professional or other organization provided that such expenditure meets the following criteria: I. Such membership is deemed necessary to meet duties and responsibilities required by the employee to facilitate proper professional development. 2. The organization of membership is ora non-profit nature. 3. Sufficient funds are available within the proper appropriation for each county or each unit dMsion Where standardization is determined to be desirable bY the Court Administrator, the purchase ofcommodifies, goods and/or services may be made by negotiation. 10 8 E-} B. The Court Administrator shall have the authority to join with other units of government in cooperative purchasing ventures prior or subsequent to award when in the best interest of'the Office of'the Court Administrator. C. The Office ofthe Court Administrator may make purchases under the State of Florida and Federal GSA contracts and/or other County government contracxs. D. Purchases may be made from private vendors without competitive bids, solicitations, or proposals when the products or services can be purchased at a price that is at or less than the State of Florida and Federal GSA contracts and/or County contracts in order to acquire the product at a reasonable c_ompetitive price. CONTRACT ADMINISTRATION: Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written contract or document containing all provisions and conditions of the procurement. Said document shall include, but not be limited to: I. Listing ofthe scope of'services to be performed or commodities to be purchased. 2. A provision specifying the criteria and final date by which such criteria must be met for completion of'the contract. 3, A provision specifying the terms of'cancellation by the Court Administration and where applicable, a provision specifying the terms of renewal. 4. Where applicable, a provision establishing the appropriate types and levels of' insurance to be carried by the vendor. Said provision shall be employed in a manner consistent with minimum insurance standards established by the Office of' the Court Administrator. 5. Where applicable, pursuant to Florida Statute, a provision requiring the contractor/vendor to inform the Court Administrator if'he/she has been convicted ora public entity crime subsequent to July 1, 1989. 6. A purchase order that embodies these provisions shall be sufficient documentation of the procurement. Contract Manager: Ever3, procurement of services shall be administered by the Office of'the Court Administrator. Il 8 Do Contract Changes: Change orders/supplemental agreements are to be approved by the Court Administrator or his designee. Contract Extension: Extensions ora contract for commodities or services may be given by the Court Administrator. E. Contract Renewal: The Court Administrator may renew contracts for commodities and/or services subject to the following conditions: 1. That the contractor has performed in a satisfactory manner and that the Court Administrator has received a request to renew the contract and has verified that the contract has performed satisfactorily. 2. That the agreement is renewed subject to the terms and conditions set forth in the initial contract. Costs and terms of any contemplated renewals are included in the invitation to bid or request for proposals. 3. That the renewal is done on an annual basis, and any such contracts shall not usually be renewed for more than 3 years unless competitively procured. F. Contract Approva~l: All formal, bi-lateral contracts for commodities and services shall be authorized by the Court Administrator. PERFORMANCE AND PAYMENT BONDS~: A contractor or vendor shall provide a surety bond fi.om a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whenever, and in such amounts, as required by Statute or otherwise as deemed necessary by the Court Administrator. An irrevocable letter of credit from a financial institution operating within the State of Florida may be sufficient in place of'the performance bond if so provided for in the bid and contract documents. All such bonds or letters ofcredit shall be approved by the Cour~ Administrator prior to execution. UNAUTHORIZED PURCHASE~_: No Court Administration employee shall intentionally order, the purchase ofany commodities or services, or make any contract within the purview of this policy other than through the Office of the Court Administrator's purchasing chain of command. Any purchase order or contract made contrary to the provisions hereof shall not be approved and the Office of the Court Administrator shall not be bound thereby. Ali purchases made within the provisions of this policy shall be made with the appropriate documents in each county whichever is appropriate and applicable. 12 PROHIBITION AGAINST SUBDIVISIONS: No contract or purchase shall be subdivided to avoid the requirements of'this policy. PROTESTS OF BID OR PROPOSAL AWARD_: 8 E-3 Ao Bo Co The purpose of this section is to accommodate legitimate protests concerning formal competitive invitations and recommended contract awards above the competitive bid or proposal thresholds prior to award of contract by the Court Administrator. Any actual prospective bidder or respondent to an invitation for bids or "RFP", who alleges to be aggrieved in connection with the solicitation or award of contract may protest to the Court Administrator's Office in ',,,Tiring. Ali claims made by the contractor or vendor shall be submitted to the Chief'Deputy Court Administrator in order'to determine whether or not a postponement of the bid opening or proposal is appropriate. Said protest shall be submitted not less than five (5) calendar days, excluding weekends and/or holidays, fi.om the date that the bid or proposal is to be opened. The formal protest shall contain, but not be limited to the following information: 1. Name and address of the County affected and a description ofthe product or services which have been bid. 2. The name and address of the protesting part),. 3. Statement ofdisputed issue of material fact. Ifthere are no disputed material facts, the written letter must so indicate. 4. A concise statement of the ultimate facts alleged of any relevant rules, regulations, statutes, and constitutional provisions entitling the protesting party to relief 5. A demand for relief to which the protesting party deems to be material to the issue. 6. Such other information as the protesting party deems to be material to the issue. 13 8 17-5 Eo Failure to file a formal protest within the time and manner prescribed shall constitute a waiver of the right to protest by any protesting party. The Chief Deputy Court Administrator upon consultation with the Court Administrator shall issue a decision regarding the contractor's or vendor's claims. The decision of the Court Administrator will be final. CONTRACT CLAIMS: The purpose of this section is to establish procedures for the resolution of claims against the Office of the Court Administrator relating to an award of contract. A. All claims made by a contractor against the Office ofthe Court Administrator relating to a contract shall be submitted in writing to the Chief Deputy Court Administrator for a decision. Claims include (but are not limited to) disputes arising under contract, mistake, misrepresentation or other cause for contract modification or rescission. The claim shall contain, but not be limited to the following information: I. Name and address of the County affected and the contract number and/or title. 2. The name and address of the contractor. 3. Statement of disputed issues of material fact. If there are no disputed material facts, the written letter must so indicate. 4. A concise statement of the ultimate facts alleged and of any relevant contractual provisions, rules, regulations, statutes, and constitutional provisions entitling the contractor to relief. 5. A demand for the relief to which the contractor deems himself entitled. 6. Such other information as a contractor deems to be material to the issue. The ChiefDeputy Court Administrator upon consultation with the Court Administrator shall issue a decision regarding the contractor's claims. The decision of the Court Administrator will be final. 14 EMHRGh"~Cy PURCHASES: By CMef'Depu~ Cour~ Ad~rdstrator: In case of'an emergency which requires immediate action, the Ch~efDeputy Court Adn~nistrator shall have the authority issue emergency change orders/supplemental a~eements and/or purchase orders. Any emergency action shall be reported to the Court Adrrdr~strator on the first ava~lable business day following the emergency. William D. Wilkinson, Sr. Approved I$ ~~ ..-. .... ,~ .......... ~O0~O~O0000D~O0000000~O0 COURT ADMINISTRATION TWENTIETH JUDICIAL CIRCUIT PERSONNEL POL lC, Y TWENTIETH JUDICIAL CIRCUIT OF' F'LORIDA ADMINIS?RATIVtr OF'rICE Or THE C¢ UI~T5 LEIr COUNTY .~USTIC£ CIrNTI:I~ COMPL£X rO~T MYrlqSo fLOriDA 33g01 8 E-} WILLIAM D, WILKINSON, SR. COURT AOIM IN I $TRATOI~ FOREWORD The following is the Personnel Policy which is to be followed by the Administrative Office of the Courts. This Policy has been designed to serve as a guide to manage Court Administration's supervisory staff and employees in the daily operation of our personnel management activities. The primary purpose for the development of this manual is to insure that all employees of the Court Administrator's office are dealt with in a consistent and fair manner. It is felt that this policy will accomplish this primary purpose. As time progresses and changes are made in laws governing personnel administration and the needs of our employees change, appropriate amendments to this Policy may become necessary. This Personnel Policy, as stated, is intended to serve as a guide for all employees. It is the intent of Court Administration that all employees are "employees at will" even though this policy contains a section on employee grievances. By the adoption of this Policy, Court Administration is not intending to create, and does not create, any definite term of employment for any period of time. Date: ~C~-- Respectfully, WILLIAM D. WILKINSON, SR. Court Administrator /Jg 8 E-9 INDEX STATEMENT OF PERSONNEL POLICY 1. Basic Principles ................ 2. Organization ................ 3. Position Classificatl~n[ ............ 4. Compensation .................. 5. Authority to Effect Personnel Actions ...... 6. Selection of Applicants .......... 7. Changes of Status of Empl~yme~tl ........ 8. Separations ................... 9. Working Hours .................. 10. Absence from Work ................ 11. Health and Safety ................ 12. Employee Relations ............... I3. Training .................... 14. Grievances ................... 15. Performance Ratings ............... 16. Service Records ................. 17. Retirement ................... 18. Cash Shortages ................. 19. Travel ..................... 20. Group Health and Life Insurance ......... 21. Workmen's Compensation Leave .......... 22 Code of Ethics 23. Administration ................. 24. Employees At Will ................ 25. Outside Employment ............... STATEMENT OF ORGANIZATION Court Administration Organization Chart ....... STATEMENT OF VACATION/ANNUAL LEAVE ............ STATEMENT OF SICK LEAVE 1. Accrual ..................... 2. Payment in Lieu of Sick Leave .......... 3. Utilization of Sick Leave ............ 4. When Accumulated Sick Leave is Exhausted .... 5. Request for Sick Leave ............. 6. Sick Leave Transfer ............... 7. Sick Leave Conversion Policy .......... STATEMENT OF TRAVEL EXPENSE PROCEDURES 1. General Information ............... 2. Authorization .................. 3. Method of Travel ................ PAGE 1 1 1 2 2 2 3 5 5 5 7 7 7 8 8 8 8 8 8 8 8 9 9 9 9 10 11 13 13 13 13 14 14 14 16 16 16 8 E-} STATEMENT OF SEXUAL HARASSMENT POLICY 1. Policy Statement ................ 2. Definition ................... 3. Investigative Procedure ............. 4. Training .................... 5. Attesting .................... 6. Complaint Records ................ STATEMENT OF EDUCATIONAL REIMBURSEMENT 1. Purpose ..................... 2. Eligibility... ~ ............... 3. Allocation of Funos ............... 4. Conditions of Reimbursement ........... STATEMENT OF IMPROPER EMPLOYEE CONDUCT AND DISCIPLINARY PROCEDURES A. Offenses .... B. Oral War~i~g-~,'W~i~t~n'Wir~i~g~, S~s~e~sio~, Probation and Dismissal ............ C. Grievance Procedure ............... STATEMENT OF "EMPLOYEE'S CODE OF ETHICS" .......... OATH OF LOYALTY ...................... ACKNOWLEDGEMENT OF EMPLOYMENT AT-WILL STATUS ....... PAGE 17 17 17 19 19 19 20 20 20 20 22 25 26 27 28 28 8 E-} STATEMENT OF PERSONNEL POLICY ADMINISTRATIVE OFFICE OF THE COURTS TWENTIETH JUDICIAL CIRCUIT 1. Basic Principles ae Be Merit System. The employment of personnel and all action affecting employees shall be based solely on merit, ability, and Justice. Ce Non-discrimination. There shall be no discrimination against employees or applicants for employment on account of race, creed, color, national origin, sex, disability, or any political affiliation. Also, see Statement of Sexual Harassment. Politics. All employees of Court Administration shall not engage in active political campaigning or solicita- tion for political contributions while on duty. Florida Statutes govern political activity of Court Administration employees. De Nepotism. The employment of more than one member of the same immediate family shall be avoided insofar as possible. 2. Organization Organization Plan. All positions shall be established in accordance with an organization plan clearly setting forth areas of responsibility and authority. Be Deleqation of Authority. Every employee shall be given the authority necessary to perform his/her assigned duties. Position Classification A. Establishment of Classes. All positions shall be grouped in classes, each class to include those posi- tions sufficiently alike to Justify common treatment in selection and compensation. Be Class Titles. A descriptive title shall be assigned to each class or position. This title shall serve also as the title of each position allocated to that class and of the incumbent of each such position. Class Specifications. A composite statement of the duties, responsibilities, and entrance qualification standards of each class of position shall be set forth 1 8 E-} in writing. Classification Plan. A Classification Plan, consisting of (1) a list of position classe~; (2) specifications for each class; and (3) an organization chart showing each position, shall be made a part of this policy statement. Position Description. The duties and responsibilities of every position shall be set forth in writing. Every employee shall be given a copy of his/her Job description. 4. Compensation Determination of Rates. For all employees, appropriate compensation rates shall be determined on the basis of pertinent public practice. Public practice, as re- ferred to here, shall consist primarily of related compensation rates paid by other court systems, munici- pal or county government, or other institutions sup- ported by public funds to their employees. Class Salary Ranges. A salary range shall be assigned to each class of position and the rate of compensation for each employee shall be within the bracket estab- lished for the class to which the position has been allocated. Initial appointments shall generally be made at the minimum rate of a class salary range. Periodic Pay Increases. Employees, whose services warrant it, shall be eligible to receive periodic increases within their class salary range by action of the Court Administrator, subject to budget limitations. De Compensation Plan. A Compensation Plan showing the salary range for each class, the intermediate rates within each range, and the system for making periodic within-range increases shall be established by the Court Administrator and shall be made a part of and attached to this policy statement. This plan shall be subject to necessary revision from time to time to reflect changes in responsibility or economic condi- tions or for other valid reasons. Authority to Effect Personnel Actions. Authority to appoint, promote, transfer, demote, suspend, and separate personnel shall be vested in the Court Administrator and such other officials as are formally designated to act for him/her. Selection of Applicants. Persons desiring employment shall file written applications setting forth their qualifica- tions, experience, references, and other information as may 8 E-3 be required. vacancies. Applications will only be accepted for current 7. Chanqes of Status of Employment ae Promotions. Vacated or newly established positions shall be filled to the fullest extent consistent with efficient operation by the promotion of qualified employees. Demotions. An employee shall be subject to demotion under the following conditions: (1) If he/she has been found unsuited for his/her present position but may be expected to give satisfactory service in a lower paying position. (2) If his/her position has been either abolished or reallocated to a lower paying class and he/she cannot be transferred to a position of equal pay. It shall be clearly indicated on all papers that the transaction in no way reflects on the employ- ee's performance or ability. C. Transfers (1) Employees may be transferred within the organization as far as practicable to positions where their highest skills will be utilized. (2) When transfers of personnel are necessitated by organizational changes, every effort shall be made to place the affected employees in positions which will permit them to retain their salaries. (3) In making transfers within the organization, due consideration shall be given to the desires of the employees involved. Suspensions. An employee may be suspended from duty without pay for a period not to exceed fifteen working days: (1) For disciplinary reasons, or (2) Pending investigation of charges where the presence of the employee at work constitutes a hazard either to the Court and/or Court Adminis- trator's office or to himself/herself. If inves- tigation does not bear out the charges and the employee is retained, he/she shall be paid for the period of suspension. E. Probationary Period - Initial. A new employee shall be 3 8 E-3 considered a probationary employee for a minimum of (6) months. This period of time is established for the purpose of evaluating the employee's work quality, attendance, and other performance factors, and to determine how well he/she fits into our organization. During such probationary period, a probationary employee may be disciplined, laid off, suspended or otherwise terminated by the Court Administrator and such action shall not be subject to the grievance procedure set forth in these Policies and Procedures. A newly hired probationary employee shall not be entitled to use any vacation or personal holiday. A newly hired employee's probationary period may be extended at the Court Administrator's discretion for a period not to exceed a total of nine (9) months. Following the successful completion of the probation period, a regular empl0ye~ shall be entitled to full employee benefits. However, the successful completion of this probationary period is contingent upon the completion of a performance evaluation by the employ- ee's supervisor which specifically recommends that the probationary employee be a regular employee removed from probationary employee status. All probationary employees who have their probationary periods extended do not receive the full benefits until after they have satisfactorily completed the extended period and the above referenced performance evaluation is completed and submitted by the employee's supervisor. Satisfac- tory completion of the initial probationary period shall not be construed to mean that said employee has been given a proprietary interest in his/her Job with the Court Administrator. Probationary Period - Transfer or Promotion. A regular employee tran3ferred or promoted to another classifica- tion shall be considered a probationary employee for six (6) months; provided, however, that during such prObationary period any such employee who is disci- plined, laid off, suspended or terminated shall be entitled to appeal such action pursuant to the griev- ance procedure set forth in these Policies and Proce- dures. The successful completion of the probationary period is contingent upon the completion and submission by the employee's supervisor of a performance evalua- tion which specifically recommends that the probation- ary employee be retained. Also, any employee in this probationary status shall be entitled to use any benefits to which they are enti- tled. Employees who receive a promotion or who transfer to a different classification shall be on probation in that 4 i ~ lull I I III III III I ............. II IIIII II III 8 classification for a period of six (6) months after which, If they are not retained, they may be returned to their former department and classification, If it exists, and there is a vacancy available. This proba- tionary period may be extended at the Court Administra- tor's discretion for three (3) additional months for a period not to exceed a total of nine (9) months. SeDarations Resignations. An employee who desires to terminate his/her employment shall submit a written resignation at least two weeks in advance, setting forth his/her reason for resigning. Dismissals. An employee who gives unsatisfactory service or who is guilty of substantial violation of regulations shall be subject to dismissal without notice. In such cases the employee, if he desires, shall be given a hearing before the Court Administra- tor. C. Reduction in Force (l) If it is necessary to reduce personnel, the selection of employees to be retained shall be based primarily on their relative efficiency and the necessity of the Job entailed. Other things being equal, length of service shall be given consideration. (2) At least two weeks notice prior to dismissal shall be given an employee except for persons employed for a specific period. Working Hours ~egular Work Week· The regular work week shall consist of 40 hours. From Monday through Friday, the work day for staff personnel shall begin at 8:30 a.m. and end at 5:00 p.m. Be Overtime. Overtime work shall be avoided as far as possible, but may be required by the Court Administra- tor in the interest of efficient operation, in which case the employee shall be granted compensatory time off within 60 days or shall be paid at the rate of 1 1/2 times the normal rate of pay. The principal executive staff shall not be compensated for overtime work. 10. Absence from Work. established: The following regulations are 8 Leave A. Nolldays. All holidays observed by the County and/or other holidays declared by the Chief Judge and Court Administrator shall be observed with pay by employees. The holidays normally observed are New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day, Dr. Martin Luther King, Jr.'s birthday, and a personal leave day. B. Annual Leave. See Statement of Vacation/Annual Leave. C. Sick Leave. See Statement of Sick Leave De Leave without Pay. Leave without pay may, where necessary, may be granted, not to exceed six (6) months in any one calendar year by the Court Administrator. E. Absence without Authorization Absence without proper authorization or approval may be considered sufficient cause for suspension or dismissal of the employee at the discretion of the Court Administrator. (2) If an employee is absent without proper authorization, deduction shall be made from his/her pay for the period of absence. Military Leave. An employee who leaves his/her position to enter military service in time of war or any period of national emergency as declared by the President of the United States in connection with national defense or by reason of being drafted, shall be carried on the rolls in a military leave status. Upon his/her honorable discharge from military service, he/she shall be entitled to be restored to his/her same position or to a position equally acceptable to him/her for which he/she is qualified, provided he/she applies for reemployment within ninety (90) days after his/her discharge or before the expiration of any statutory right to re-employment, if later. Military leave of absence with pay, in accordance with the number of calendar days each calendar year permit- ted by existing State and Federal law, will be granted to permanent employees who are reservists of the Armed Forces or members of the National Guard engaged in the active duty, training, or military aid to enforce the law. G. Court Leave I I II 11. 12. 13. Summons. A summons or subpoena must be legally served and may be for serving as a witness or for Jury duty. All employees, when actually summoned, shall immediately inform the Court Administrator. (2) Reimbursement. The pay of any employee who has received a subpoena for Jury duty or as a witness will continue at the regular rate. All reimburse~ ment received shall be turned over to the local agency to be credited against regular salary. Payment by the Court to the employee for travel expense at the prevailing rate may be retained by the employee. Bereavement Leave. After completion of ninety (90) days of continuous employment, leaves with pay to attend the funeral of a member of the employee's immediate family or other family members living in the employee's immediate household will be granted not to exceed three (3) days for any one bereavement. Under unusual or extreme circumstances, this may be extended to five (5) days with the approval of the Court Admin- istrator. For purposes of this leave, immediate family includes parents, spouse, children, father- or mother- in-law, siblings, grandparents, grandchildren, brother- or sister-in-law, son- or daughter-in-law, or any other relative residing full-time in the employee's house- hold. Disability/Maternity Leave. Disabilities caused or contributed to by pregnancy, childbirth or related medical conditions will be treated the same as disabil- ities caused or contributed to by other medical condi- tions. Health and Safety. Employees shall be provided safe, sanitary, and healthful working conditions. Employee Relations. Employees shall have the right to designate representatives of their own choosing. Employees shall be free to Join, or refrain from Joining employee unions. In so doing, employees shall be ensured freedom from restraint, interference, discrimination, or reprisal. Training In-service training shall be provided to aid employees to gain efficiency.in their work. Employee training shall be a function of every supervisor. See Statement of Educational Reimburse- ment. 7 14. Grievances Right of Employees. Employees shall have the right to present grievances, individually, as a group, or through their designated representatives. In so doing, the employee(s) shall be assured of freedom from restraint, interference, discrimination, and reprisal. Such grievances shall be presented only through the established lines of authority. Be Supervisory Responsibility. Supervisors at all levels shall receive and act promptly on employee's com- plaints. Appearance Before The Court Administrator. Any employee shall have the right to appear before and present his/her grievance to the Court Administrator as a final appeal. 15. Performance Ratings A. Employees shall receive annual performance ratings. Be Performance ratings shall be noted in employee service records and shall be considered in effecting personnel actions. 16. Service Records. A service record shall be maintained for every employee and shall contain information pertinent to his/her employment, including dates of employment and pay changes. 17. Retirement. Court Administration is a participant in the Florida Retirement System. Contributions are paid 100% by Court Administration. 18. Cash Shortages. In the event that a cash fund is found to be short, the employee who is responsible for the cash account will be required to reimburse the account and/or will be terminated after review and determination by the Court Administrator. Temporary borrowing from a cash fund will not be permitted by any employee. 19. Travel. See Statement of Travel Policy. 20. Group Health and Life Insurance. Court Administration provides group health, dental and life insurance coverage for all regular employees. These benefits are outlined in the Group Medical and Dental Plan Handbooks. Workmen's Compensation Leave. A Job-related injury entitles an employee to Workmen's Compensation Benefits in accordance 8 8 E-) 22. :23. 24. 25. with Florida Statute 440. Code of Ethics. All Court Administration employees shall adhere to the "Employee's Code of Ethics." Administration. The Court Administrator shall have the responsibility to insure that this personnel policy is carried out. Employees At Will. These Personnel Policies and Procedures are intended to serve as a guide for all employees. It is the intent of Court Administration that all. employees of Court Administration are employees at will. By the adoption of these policies and procedures, Court Administration is not intending to create, and does not create, any definite term of employment for any period of time. Outside Employment. Before accepting outside employment, an employee is required to receive written permission from his/her immediate supervisor and the Court Administrator. This permission is to insure that outside employment will not conflict or affect the employee's availability or efficiency in his/her Court Administration employment, or cause embarrassment to the Court in any way, either directly or indirectly. A form to request permission for outside employment may be obtained through the employee's supervisor. 9 lO STATEMENT OF VACATION/ANNUAL LEAVE TWENTIETH JUDICIAL CIRCUIT All regular employees are entitled to use annual leave after successful completion of their initial probationary periods based upon their length of continuous service as follows: REGULAR FULL TIME EMPLOYEES PER BI-WEEKLY PAY PERIODS ANNUAL LEAVE HOURS PAY PERIOD ACCRUAL RATE LENGTH OF 40 HR. 40 HR. SERVICE WORKWEEK WORKWEEK I year 96.2 3.70 5 years 120.12 4.62 10 years 144.04 5.54 20 years 168.22 6.47 Vacation/annual leave shall be earned as of the last day of each bi-weekly pay period. All employees will be charged on an hour for hour basis for time used as vacation. Time spent in the initial probationary period shall be counted for purposes of accruing vacation.time, but shall not be used until after the successful completion of probationary period. Vacation shall not be credited or granted to Temporary employees. Regular employees, including initial probationary employees, who are terminated, resign, or retire, shall be paid for any accrued vacation earned but not taken prior to the date of termination, resignation or retirement. An employee may only accumulate up to 240 hours of annual leave. Each employee should carefully monitor his/her accrued hours and promptly notify his/her supervisor if they begin to approach the limit. No more than two (2) weeks at one time can be taken without prior approval of the Court Administra- tor. Any employee making a departmental transfer will retain any unused vacation. Ail requests for vacation/annual leave must be approved by the employee's supervisor thirty (30) days before it is actually taken. All requests are to be submitted in writing before they are taken. All requests must be forwarded to the Court Administrator for signature for payroll processing. Violation of these rules may result in the employee being reconsidered to have taken an unauthorized 11 --- iiiiiiii I III I I I I I II I II II III II ....... IIII I 8 E-}' absence with appropriate corrective actions being taken. No employee shall be granted annual leave unless the time granted shall have already accrued or will accrue during the vacation period. Annual leave shall not be used in increments of less than one-half (1/2) hour. Pre-paid vacation will not be granted. If a holiday falls during vacation, employees will be granted an additional day off with pay. 12 STATEMENT OF SICK LEAVE TWENTIETH 3UDICIAL CIRCUIT SICK LEAVE Accrual. All regular employees shall accrue four (4) hours of sick leave with pay per bi-weekly pay period. Sick leave shall be earned as of the last day in the pay period and there shall be no limit to the number of days that may be accumulated· All employees will be charged on an hour-for-hour basis for time used as sick leave. Sick leave shall not be credited or granted to temporary employees. Any probationary employees may use any accrued sick leave that accrues during their probationary period. payment in Lieu of Sick Leave. Upon resignation or retirement as previously defined, after an employee is vested with ten (10) years of service in the Florida Retirement System, an employee will be entitled to be paid for 50% of his/her accrued sick leave at their current rate of pay. Upon resignation or retirement, employees who have not vested in the Florida Retirement System, will be entitled to be paid for 25% of his/her accrued sick leave. Such accrued time for a deceased employee shall be paid to the employee's designated beneficiary at the rates stated. Utilization of Sick Leave. Paid sick leave shall not be taken prior to the time of its accrual. Sick leave may only be utilized for employee sickness, sickness in the employee's immediate family residing with him/her, necessary medical appointments, injury, disability, pregnancy, or for quarantine by health authorities or a physician. Employees may be required to supply proof of sickness, injury or disability by submitting, at their own expense, a physician's statement. Employees may be sent to a physician of Court Administration's choosing for such purpose, in which event Court Administration will pay the expenses thereof. When Accumulated Sick Leave is Exhausted. When an employee's term of illness exceeds his/her accumulated sick leave, he/she may be authorized by the Court Administrator to use his/her accumulated vacation time, 13 I llll iii III I IIIIIII I IIIlI I I I II IIIIII ~ I rather than applying for leave without pay. All accrued sick leave.must be exhausted before applying for leave without pay. Request for Sick Leave. Requests for sick leave due to illness or other satisfactory reason shall be given by the employee to the appropriate supervisor or designee prior to the beginning of the work shift. If prior notification is not possible, requests must be made as soon as possible after reporting time on the day of absence. Absence due to doctor's appointments or other foreseeable causes shall be approved prior to the use of sick leave. Sick leave forms shall be prepared and submitted by the employee prior to leaving work or as soon as the employee returns to work, as appropriate. Sick Leave Transfer. Any employee making a departmental transfer will retain any unused sick leave. Any employee who Is hired from other County, City or State agencies that participate in the Florida Retirement System may be authorized by the Court Administrator to transfer his/her accrued but unpaid sick time at the time of said transfer not to exceed 520 hours. Sick Leave Conversion Policy. Conversion of sick leave to vacation time pursuant to this policy will be effectuated during the month of January for the prior calendar year. This plan is optional for the employee. All requests for conversion under this policy must be made by the employee in writing to the Court Adminis- trator during the month of January. Any time you have accrued sick leave prior to the last check date of the year, you are entitled to sick leave conversion. This policy is limited only by the accrued limits on annual leave set forth herein. The Conversion Policy for 40-hour work week is as follows: Hours Used Hours Converted 0 hours - 48 hours 1 to 8 hours - 4'0 hours 9 to 16 hours - 32 hours 17 to 24 hours - 24 hours 25 to 32 hours - 16 hours 33 to 40 hours - 8 hours over 41 hours - 0 hours Sick leave conversion for regular employees who 14 8 have worked less than a full year but at least slx (6) months will be calculated by multiplying the number of full months service by the corresponding conversion factor. Hours Used Conversion Factor Per Month 0 hours - 1 to 8 hours - 9 to 16 hours - 17 to 24 hours - 25 to 32 hours - 33 to 40 hours - over 41 hours - 4.00 Hours 3.33 Hours 2.67 Hours 2.00 Hours 1.33 Hours .67 Hours 0 hours 15 III! I 8 STATEMENT OF TRAVEL EXPENSE PROCEDURES TWENTIETH JUDICIAL CIRCUIT General Information. It is the desire of Court Administration that employees be reimbursed for certain expenses incurred while traveling on Court business. This policy statement is designed to define maximum limits for authorized travel expenses pursuant to Florida Statute 112.061. These procedures are applicable to all Court employees and authorized persons when making claim for travel expense allowances· Authorization. Authorization to incur travel expenses will be subject to the following rules: Ail regular travel must be authorized by budgetary action and approved in advance by the Court Administra- tor. The mode of travel will also be approved in the same manner as the travel. C$ Local mileage allowance will be authorized by budgetary action and approved in advance by the Court Administrator. Method of Travel. Ail travel must be by the most direct route available. Extra costs due to travel by an indirect route will be borne by the traveler. The most economical method of transportation will be designated for each' trip. It is the policy of Court Administration that air travel will be by use of air coach operated by a scheduled airline. Use of common carrier, other than air coach, will not be authorized if air coach service is available. Travel by court-owned vehicles will only be authorized for trips within the state of Florida. Reimbursement is limited to actual expenditures and must be supported by paid bills or receipts. 16 8 STATEMENT OF SEXUAL HARASSMENT POLICY TWENTIETH JUDICIAL CIRCUIT policy Statement. It is the policy of the Twentieth Judicial Circuit to provide for its officers and employees a work place free from any and all forms of discrimination. Sexual harassment is a form of sex discrimination and a violation of Title VII of the Civil Rights Act of 1964, and the Florida Human Rights Act of 1977 (F.S. 760.01 - 760.10). The Twentieth Judicial Circuit will neither tolerate nor condone any act of sexual harassment by its officers and employees. Any reported act will be promptly and thoroughly investigated. Any employee or officer determined to have committed an act of sexual harassment will be subject to discipline up to and including dismissal. Any employee or officer who is found to have filed a false complaint of sexual harassment will be subject to discipline up to and including dismissal. Any employee or officer who retaliates against an employee or officer for either filing a complaint of sexual harassment or for reporting an incident of sexual harassment, shall be subject to discipline up to and includ- ing dismissal. Any employee or officer in a supervisory position who has knowledge of sexual harassment involving employees or officers under his/her supervision, and does not report the matter to the proper authority, will be subject to discipline up to and including dismissal. Definition. Sexual harassment is defined as unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature from or involving an employee's supervisors, peers, subordinates or any other persons in contact with an employ- ee during the course of the conduct of the employee's business when: Submission to such conduct is either explicitly or implicitly a term or condition of employment; or, Submission to or rejection of such conduct by an individual is used as the basis for employment deci- sions affecting such individual; or, Such conduct has the purpose or effect of interfering with an individual's work performance or creates an intimidating, hostile, or offensive work environment. 3. Investigative Procedure A® Investigative Officer. The Court Administrator or his/her designee has been appointed by the Chief Judge to serve as an investigative officer who shall be 17 IIIIll[l[ Ill I [[ .................................... E-} responsible for receiving and investigating complaints of sexual harassment by and against Court System employees. Procedure. All complaints of sexual harassment shall be treated seriously, acted upon promptly, and thor- oughly investigated. Any employee or officer who believes that he/she is a victim of sexual harassment should immediately report the matter to the investigative officer, either orally or in writing. The investigative officer shall: {1) Interview the complainant concerning the nature and facts of the complaint. (2) Inform the accused of the nature of the complaint; interview the accused to obtain his/her under- standing of the complaint and his/her perception of the facts of the complaint. The accused may prepare a written response to the complaint. (3) Interview any wltnesses,.lncluding supervisors and co-workers, as the investigative officer deems necessary. Confidentially. At all times during the investigation, the confidentiality and privacy of all Court officers and employees shall be respected. Resolution (1) After a thorough investigation of the complaint, the investigative officer shall prepare a written report to the Chief Judge describing the facts of the complaint, the facts and results of the investigation, and his/her recommendations. (2) The Chief Judge shall make a determination of the veracity of the complaint. The Chief Judge may attempt mutual resolution, dismiss the complaint, authorize appropriate discipline up to and includ- ing dismissal, .or refer the complaint to the appropriate outside agency. (3) The Chief Judge will meet with the complainant and the accused, either separately or together, and inform them of his/her decision. (4) The accused shall always retain the right to meet with the Chief Judge and provide a written state- ment to express his/her views of the situation and refute any facts of the complaint. 8 E-3 (5) The complainant shall always retain the right, at any time during the proceedings, to seek remedy outside the Court's internal procedure. The complainant may file a written complaint with the United States Equal Employment Opportunity Commis- sion, or with the Florida Commission on Human Relations alleging a violation of Title VII of the 1964 Civil Rights Act and Florida Statutes (760). The Florida Commission of Human Relation~ is located at 325 John Knox Road, Building F, Suite 240, Tallahassee, Florida 32303-4113. Additionally, the Judicial Qualifications Commission, under Article V, Section 12, of the Florida Constitution, has the Jurisdiction to investigate all reported instances of Judicial misconduct. The Judicial Qualifications Commis- sion is located at Room #102, The Historic Capi- tol, Tallahassee, Florida 32399-6000. Ms. Brooke S. Kennerly, Executive Director, can be contacted at (904) 488-1581. Traininq. Sexual harassment is a serious offense which must be prevented as well as understood. The Court will implement procedures to assure that all officers and employ- ees attend training events on the issues of sexual harass- ment including its nature and types of offensive behavior, and the responsibility of officers, employees, and supervi- sors. Materials associated with this training can be obtained from the Office of the Court Administrator. Attestinq. All current and new Judges, officers, and employees of the Court will receive a copy of the Court's sexual harassment policy and attest that they have read and understand the policy and the consequences of its violation. Complaint Records. All records of sexual harassment complaints shall be documented and maintained by the investigative officer in a confidential file. When the investigation is complete, and the investigative officer has submitted a written report to the Chief Judge, the records will be open for inspection. 19 8 E-} STATEMENT OF EDUCATIONAL REIMBURSEMENT TWENTIETH JUDICIAL CIRCUIT Purpose. The purpose of the Educational Reimbursement Program is as follows: To encourage Court employees to improve their knowledge and skills. To increase the quality of Court employees through the pursuit of study directly, related to their current position. C. To comply with applicable state and federal laws. Eliqibility B® Employed as a full-time permanent employee of Court Administration. (Federally-funded employees would not be eligible.) Funding must be available in the budget to cover these expenses. 3. Allocation of Funds Specialization courses, such as short seminars and conferences - 100% Courses offered by an approved and accredited educational institution or correspondence course - 75% Books (other than those included in correspondence course), material, supplies, and transportation expens- es are not reimbursable. The above are guidelines only; there may be variations from these percentages, if in the opinion of the Court Adminis- trator, it is warranted. Under no circumstances will there be duplicate payments for the same course. The number of courses for which an employee can receive reimbursement will be determined on the basis of the value of the courses to the individual and to the Court Adminis- trator, and of the budget limitations. 4. Conditions of Reimbursement The course must be related to employee's present Job. The Court Administrator's budget must include 2O I I IIIIII II IIIII II ' IIII ..... De sufficient funds to cover reimbursement. Attendance must be recommended by the immediate supervisor or Department Head, und approved by the Court Administrator prior to enrollment. Attendance must be on employee's own time and must not conflict with work assignments, except for seminars and conferences. Payment will be made only upon submission of evidence of fee payment and satisfactory completion of course with a "C" average or better. These must be presented within thirty (30) days of completion of course. Employees will be required to pay any necessary fees prior to the starting of the course. No reimbursement will be made for courses that are not satisfactorily completed or for uncompleted courses. If an employee ts discharged or quits before completing the course, no tuition refund will be paid. In the event of a lay-off, the Court Administrator will still pay the refund when it comes due if all condi- tions are met and proper procedures are followed, as outlined in this section. 21 STATEMENT OF IMPROPER EMPLOYEE CONDUCT AND DISCIPLINARY PROCEDURES TWENTIETH JUDICIAL CIRCUIT Offenses. Court Administration retains the right to treat each employee offense on an individual basis without setting a binding precedent for future cases· Failure of a supervi- sor to take authorized disciplinary action does not ban or waive any authorized action for subsequent employee offenses· The following list of improper employee conduct is illustrative and is not intended to be inclusive, and the Court Administrator's office retains the right to discharge or discipline an employee for reasons other than those listed below: Failure to wear proper attire in keeping with the decorum of the Court. 2. Excessive use of the telephone for personal business. Failure to work overtime, special hours or special shifts after being scheduled. Quitting work, wasting time, loitering, or leaving assigned work area during working hours without permis- sion. Disregarding Job duties by loafing or neglect of work during working hours. Taking more than specified time for meals or rest periods. Productivity or workmanship not up to required standards of performance. Failure to maintain the correct work attitude or courtesy as it relates to co-workers, supervisors, or the public. Where the operations are continuous, an employee shall not leave his/her post at the end of his/her scheduled shift until he/she is relieved by his/her supervisor or his/her relieving employee on the incoming shift. 9. Excessive tardiness. 10. Excessive absenteeism. 11. Absence without permission· 22 12. 13. 14. 15. 16. 1'/. 19. 20. 21. 22. 23. 24. 25. 26. 2'7. 28. 29. Failure to report an accident or personal injury in which an employee was involved while on the Job. Engaging In horseplay, scuffling, wrestling, throwing things, malicious mischief, distracting the attention of others, catcalls, demonstrations on the Job or similar types of disorderly conduct. Creating or contributing to unsafe and unsanitary conditions or poor housekeeping. Posting or removal of any material on bulletin boards unless authorized. Threatening, intimidating, coercing, or interfering with fellow employees or supervision at any time, Including abusive language. Sleeplng durlng working hours unless otherwise permitted. Negligence or omission in complying with the requirements as set forth in the Code of Ethics. Gambling, lottery, or engaging in any other game of chance at work stations at any time. Making or publishing of false, vlclous or malicious statements concerning any employee. Reporting for work or working while unfit for duty. Leaving the Job during regular working hours without permission. Any conduct which affects the safety of the public or personnel, equipment, tools or property. Failure to report a request for information or receipt of a subpoena from a law firm or an attorney that relates to Court business. Refusal to give testimony in accident investigations. Causing material, parts or equipment to be damaged. Disregard or violation of safety methods, rules or procedures. Violating the rules, orders and policies issued and adopted by Court Administration. Gross negligence in the performance of duties. 23 [ ' --[[ [ [[ ....... I ...... I] .... [[ ................ ~ 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. Misusing, destroying, or damaglng any Court Administration property or property of any employee. Falsification or destruction of personal or Court Administration records, including employment applica- tions, accident records, work records, purchase orders, time sheets or any other report, record, application or Court Administration record. Making false claims or misrepresentations in an attempt to obtain sickness or accident benefits, workmen's compensation, or unemployment compensation payments. Insubordination. Refusal to perform work assigned or to comply with written or verbal instructions of the supervisory force. Unauthorized possession of firearms, explosives, or weapons on Court Administration property. Theft or removal from Court Administration locations, without proper authorization, of ANY Court Administra- tion property or property of an employee. Immoral, unlawful, or improper conduct, or indecency either on or off the Job which would tend to affect the employee's relationship to their Job, their fellow workers, and their reputation or goodwill in the community. Any violation of the Court's substance abuse policy. Use or attempted use of political influence or bribery to secure an advantage in any manner. Striking an individual, provoking or instigating a fight or fighting at any time on Court Administration property. Conviction or sentencing involving a felony, or of a misdemeanor of the first degree, as defined by Florida Statutes. Instigating, leading or participating in any strike in violation of Chapter 447.505, Florida Statutes. Violation of the Court's sexual harassment policy. Loss of necessary prerequisites or abilities to perform the work, except as restricted by state and/or federal law. 24 ~1111 II I III III II II - I III ................... II II II I - - II 45. 46. 47. Repeated abuse of the Court Administrator's personnel policies and procedures, safety rules and regulations, departmental policies and procedures or other Court Administration policies~and procudures, or any combina- tion thereof· Any conduct which, in the Court Administrator's Judgment, is adverse or prejudicial to the best inter- est of Court Administration. Having interest in a business or having outside employment at a business where there exists a conflict of interest or where employment would have an affect on the full and faithful discharge of duties as a Court Administration employee. EMPLOYEE'S SIGNATURE Oral Warnings~ Written Warnings~ Suspension~ Probation~ ,nM Dismissal. The offenses cited in Paragraph A above are reasons for corrective actions which may be taken by the Court Administrator or his/her designated supervisors as set forth. Oral Warnings. Designated supervisors are authorized to give corrective oral warnings to employees for committing minor offenses cited in Paragraph A above. Written Warnings· Designated supervisors are authorized to give written warnings to employees for committing minor offenses, cited in Paragraph A above, with the approval of their division supervisor, as designated, upon notification to the Court Administra- tor. A copy of the written warning and any follow-up information is to be retained in the employee's person- nel file. Suspension. Division supervisors may recommend suspension of an employee to the Court Administrator, as provided by the Statement of Personnel Policy, Paragraph 7 D (1) and (2). A copy of the written suspension and any follow-up information is to be retained in the employee's personnel file. Probation. Division supervisors may place a regular employee on probation as a corrective action for serious violation of Paragraph A above with the approval of the Court Administrator. The employee's status shall be as a new employee, as provided in the Statement of Personnel Policy, Paragraph E and F. A 25 8 E-} Ce copy of the written probation and any follow-up information is to be retained in the employee's personnel file. Dismissal. A division supervisor may recommend dismissal of an employee to the Court Administrator when an employee substantially and seriously violates Paragraph A above. A copy of the written dismissal and any follow-up information is to be retained in the employee's personnel file. Grievance Procedure. Regular employees, excluding employees in their initial probationary period, shall have the right to present grievances as provided in the Statement of Personnel Policy, Paragraph 14 A. A copy of the written grievance and any follow-up information is to be retained in the employee's personnel file. The employee shall present the grievance in writing to his/her immediate supervisor within five (5) working days after the occurrence of the event giving rise to the grievance or after the event became known to the employee. If the employee is not satisfied with the response of his/her immediate supervisor, the employee may submit his/her written grievance to the next person in the established line of authority. If the employee is still unsatisfied with the next response from a person in a higher established line of authority, he/she may submit their written grievance to be heard by the Court Administrator or his/her desig- nee. The decision of the Court Administrator shall be final. 26 i nn ' III ~ lllll I I I -- ' IIIIII IIIIII ..... II I I I STATEMENT OF CODE OF ETHICS TWENTIETH JUDICIAL CIRCUIT The Office of Court Administration has adopted an "Employee's Code of Ethics" as follows: As an employee of Court Administration, I recognize that my fundamental responsibility is to serve the citizens of the Twentieth Judicial Circuit. I must be aware of and responsive to their needs. My Job is a symbol of public trust. I will uphold the laws and standards set by the Federal Government, the Florida State Statutes, and the Office of Court Administration. I will always respect the rights of others and strive to uphold the confidence placed in me by the citizens of the Twentieth Judicial Circuit. I will be loyal to the Office of Court Administration and honest in my dealings with citizens. I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. I will avoid the use of my position to secure special privileges or exemptions for myself or others. I will not disclose confidential information gained by my position, nor shall I otherwise use such information for my personal gain. I will keep my private life untainted as an example to all, and ! will be honest in thought and deed in both my private life and official life. I must uphold the highest standards of excellence of performance in carrying out my assigned duties. I recognize my position of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the Office of the Court Administrator. I will constantly strive to achieve these objectives and ideals and dedicate myself to the greatest extent to my chosen profession. EMPLOYEE SIGNATURE 27 8 E-}, ADMINISTRATIVE OFFICE OF THE COURTS TWENTIETH JUDICIAL CIRCUIT OATH OF LOYALTY STATE OF FLORIDA COUNTY OF I, , a citizen of the State of Florida knd of the United States of America, and being employed by the Administrative Office of the Courts, Twentieth Judicial Circuit, and a recipient of public funds as such employee, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida. EMPLOYEE SIGNATURE ACKNOWLEDGEMENT OF EMPLOYMENT AT-WILL STATUS I hereby acknowledge that my employment with the Administrative Office of the Courts, Twentieth Judicial Circuit, does not create any definite term of employment for any period of time, and that my employment is at the pleasure and will of the Court Administrator. EMPLOYEE SIGNATURE Subscribed and sworn to before me at this day of , 19 Title Commission Expires 28 8 E-3 GOURT ADMINISTRATION TE/ENTIETH JUDICIAL CIRCUIT INDEX BACKGROUND 1. Pay Plan Design Features ........... . 2. Range Ranking .............. . . . . 3. Steps ...................... STATEMENT OF PAY PLAN 1. Merit Pay Increases ............... 2. Time-In Grade Pay Rates ............. 3. Special Recognition Pay Increase ........ 4. Annual Review of Pay Plan ............ PAGE 1 1 2 3 3 3 3 BACKGROUND As part of an overall system and admtrlstrative updating, a compensation and Job description system for Court Administration employees has been undertaken. The design of this system was approached with several concepts in mind; the plan should be equitable, realistic, financially affordable and comparable salaries should be paid to Court employees as are paid to other employees doing similar work. However, the plan recognizes the fact that Court employ- ment positions are unique in most situations, and the salary posture must be designed to compete in the labor market for the most difficult task of Court Administration. Likewise, the Court Administration would wish to pay no more than would be necessary for attracting and holding competent employees. This pay plan is based upon the "merit system," and its purpose is to link the worker's productivity to pay advancement. This incentive system can meet with success when the employee and management mutually understand that pay increases are not auto- matic. Advancement in pay is based upon "performance" and not upon "tenure." PaF Plan Design Features. Court Administration's pay plan is divided into ranges and steps. Ranges determine the relative value of a position compared with all other posi- tions in the organization. Each range is to be separated by a measured increment (in monetary units or percentages) from other ranges. Steps are incremental increases found within a range leading to the maximum rate of pay; these generally denote levels of achievement of a particular employee assigned to a range. The specified compensation range assigned should not be exceeded or reduced by only a Job classification change (i.e., promotion or demotion) or by a general Cost of Living Adjustment (COLA) or an across-the-board increase. Range Ranking. Based upon information obtained from the preparation of the Job descriptions, each discrete position was assigned a pay range according to key Job factors found for that position, and by comparing the position with other similar court employment positions. The grading system used is based on six identifiable Job factors being taken into consideration, such as know-how, Job knowledge, problem- solving ability, experience, accountability, and education. There are 36 pay ranges in the plan, and they are the same pay ranges which are being used by the County of Lee after adjustments for minimum wage. The Court Administrator is utilizing fifteen (15) pay ranges in this plan because of the number of present employee positions. .... i ..... I III II IIIIIIII I 8 E-9 Steps. Each range Is assigned a salary. It is intended that the range be divided into steps which represent the salary scale for each range. The total range then indicates a minimum and maximum amount of compe~sation available within any one pay range. 8 E-3 STATEMENT OF PAY PLAN COURT ADMINISTRATION TWENTIETH JUDICIAL CIRCUIT Merit Pay Increases. Job classificatiOns are assigned a pay range with steps approximately five percent (5%) apart. If performance has been satisfactory at the end of six (6) months, consideration will be given for a merit pay increase to the next step. The employee will become eligible for the remaining merit increases at twelve (12) month intervals provided performance and conduct has been satisfactory. If work or conduct is not satisfactory, a merit pay increase can be withheld indefinitely. An employee who is promoted will be placed in the first step of the pay range for the new classification provided it is higher than the employee's pay prior to being promoted. If the employee's current pay is the same or higher; then, the employee will be placed in a new pay range that the minimum first step is one step above the step which the employee is currently earning. Time-In Grade Pay Rates. Employees are eligible to receive a one-step pay increase after five (5) years of continuous service after they have reached their maximum pay step. After another five (5) years at one step beyond the maximum for the Job classification, the employee is eligible for a second one-step pay increase. When an employee is promoted to a Job classification with a higher pay range, the annual pay increase then occurs until the employee reaches the top of the range for that classification. Special Recognition Pay Increase. In addition to the above wage adjustments, full-time employees are also eligible for a one-range pay increase by achieving an overall performance rating of "Outstanding", and meeting various other require- ments for such pay increase consideration. This increase can be given to the employee as an additional incentive to promote longevity and excellence in Job performance. Annual Review of Pay Plan. Prior to the preparation of each annual operating budget, the pay ranges for classifications are reviewed to ascertain that they are in line with average rates for comparable work in the area. Other factors to be considered are recruitment and cost-of-living adjustments. The COLA is intended to protect the employee's income from inflation and may be used separate from merit increases or other "built-in" increases. 3 Ill ADD DUMS P, M E M O R A'N D UM FROM COURT ADMINISTRATION 20th Judicial Circuit DATE: 10-Jan-1994 TO: All Court Administration Employees FROM: William D. Wilkinson, Sr,~ Court Administrato~~ RE: Amendment Court Administration Personnel Policy, Par.. 9. Under the date of March 15, 1993, it was with pleasure that I transmitted our first " Personnel Policy" which was to be used by personnel in the Administrative Office of the Courts. It was noted in our original "Personnel Policy", that as time progressed amendments might be necessary to reflect changes in the needs of court personnel or in laws governing personnel administration. Transmitted with this memorandum you will find an amendment to the "Court Administration Personnel Policy" paragraph 9., entitled "Working Hours". Please insert this change into your Personnel Manual which you have been provided previously in order for you to be current. If you have any questions concerning this amendment please feel free to contact Ms. Suhar, Human Resource Specialist at 335-2624, or Mr. Hallam, Senior Deputy Court Administrator at 335-2909. 8 E-} AMENDMENT COURT ADMINISTRATION PERSONNEL POLICY Paragraph 9., entitled Working~[{ours is amended to read: 9. Working Ilours A. Regular WOrk Week. The regular work week shall consist of an eight (8) hour day and a forty (40) hour work week. The regular work week shall be from Monday through Friday and shall begin at 8:30 a.m. and end at 5:00 p.m.. B. Irregular Work Week. Some Court Administration employees may have work weeks established which begin and end on days other than those established for regular work week employees. Their work week shall still consist of an eight hour day and a forty (40) hour work week. The times that irregular work week employees begin and end. their work day will be consistent with the times that their services are needed to fulfill their duties, and since their work week is irregular, Holidays, Saturdays and Sundays will not always be their days of rest, but rather will be their regular work day. C. Overtime. Overtime work shall be avoided as far as possible, but may be required by the Court Administrator in the interest of efficient operation, in which case the employee shall be granted compensatory time off within sixty (60) days at the rate of 1 1/2 hours for each hour of elgible overtime worked or shall be paid at the rate of 1 1/2 times the normal rate of pay. The overtime rate shall be applied to those hours which an employee works which exceed an (8) hour day and a forty hour (40) hour work week. The principal executive staff shall not be compensated for overtime work. D. [{oliday Pay Employees whose designated work day falls upon a paid holiday, if they are required to work that holiday, shall be compensated for the holiday at their regular rate of pay, and they will also be compensated for the work day at their regular rate of pay. Employees whose designated work day falls upon a paid holiday, and they are not required to work that holiday, shall be compensated for the holiday at their regular ' · 8 E-} rate of pay. An employee must work the scheduled work day before the holiday and the scheduled work day after the holiday in order to receive holiday pay unless the employee has an excused absence. Overtime compensation shall only be paid if a work week exceeds the threshold limits of an eight (8) hour day and a forty (40) hour week. The paid holiday is not to be used to determine or compute threshold hourly limits for overtime compensation. William D. Wilkinson,, ~-~. Court Administrator Effective Date n ~ · I I III IIIIII 8 E-} MEMORANDUM FROM COURT ADMINISTRATION 20th Judicial Circuit Court TO: All Court Administration Employees DATE: 26-Jan-J994 FROM: William D Wilkinson~ Court Administrator RE: Addendum to Statement of Vacation/Annual Leave Transmitted with this memorandum you will find an Addendum to the "Court Administration Personnel Policy" as indicated above. Please insert this Addendum into your personnel Manual which you have been provided previously in order for you to be current. If you have any questions concerning the Addendum please feel free to contact Ms. Suhar, Human Resource Specialist at 335-2624, or Mr. Hallam, Senior Deputy Court Administrator, at 335-2909. 8 £-3 ADDENDUM TO STATEMENT OF VACATION/ANNUAL LEAVE POLICY Emergency Vacation/Annual Leave shall be considered for approval on a case by case basis after the employee has provided a satisfactory explanation for the requested emergency leave to the Court Administrator. The Court Administrator may grant Vacation/Annual Leave for a period of eight (8) hours or less upon receiving satisfactory explanation for the requested absence, and will waive the thirty (30) day submission approval requirement before the Vacation/Annual leave is actually taken. Court Administrator 8 R AN D U M FROM COURT ADM I N I STRAT I ON 20th Judicial Circuit DATE: 24-Mar- 1994 TO: Ail Court Administration Employees FROM: William D. Wilkinson~.,S.(~ Court Administrator RE: Amendment of Court Administration Personnel Policy, Par.26 Transmitted with this memorandum please find an amendment to the "Court Administration Personnel Policy". This amendment clarifies the bases for the payment of benefits for part-time employees. It is recommended that you insert this change into your Personnel Manual which you have been provided. If you have any questions concerning this amendment please contact Ms. Suhar, Human Resource Specialist at 335-2664 or Mr. Hallam, Senior Deputy Court Administrator at 335-2909. 8 AMENDMENT COURT ADMINISTRATION PERSO~R~EL POLICY The Court Administration Personnel Policy dated March 1993 is amended by adding the following paragraph: I5, 26. Part-Time Employees. Employees in this category are defined as employees who have been designated when hired as a "part-time employee", and they will work not more than 59 hours in a biweekly pay period. A part-time employee will be subject to all appropriate policies, miles, and procedures as if they were a full-time Court Administration employee. A. Part-Time employees are not eligible for the following benefits: 1. Regular employee health, dental, and life insurance benefits. 2. Accumulation of annual or sick leave compensation. 3. Personal Leave Day, Holiday Pay , Sick leave, Military Leave, Court Leave, Bereavement Leave, and/or Disability/Maternity Leave. B. Part-Time employees do earn service credit on a pro-rated basis in the Florida Retirement System. C. Any designated part-time employee hired prior to the date of this amendment shall be eligible for the following benefits: I. Both annual and sick leave with pay based upon the part-time employee accruing (3.7) hours of annual and four (4) hours sick leave for every eighty (80) hours worked. 2. Designated Court paid holidays, and a personal leave day. Effective Date William D. Wilkinson, Sr. Court Administrator MEMORANDUM FROM 8 £-3 COURT ADMINISTRATION 20th Judicial Circuit DATE: 07-Jun-1994 TO: Ail Employees FROM: William D. Wilkins~o~~ Court Administratb~/ RE: Personnel Policy Amendment, Lunch and Daily Breaks Attached you will find an amendment to our personnel policy. This amendme:.t specifies the amount of time employees may take for lunch and the options which are available for the employee who chcoses to take daily breaks. Please discuss your lunch and daily breaks with your supervisor to obtain his/her approval cf your daily work schedule, and place the attached amendment with your copy of the Court Administration Personnel Policy for your future reference. If you have any questions pertaining to this amendment whicf you feel can not be answered by your supervisor feel free to contact Dick Hallam at extension 2909 or Sharon Suhar at extension 2624. 8 AMENDMENT COURT ADMINISTRATION PERSONNEL POLICY Paragraph 9, entitled Working Hours adding the following language: is amended to read by 9. Working llours E. Lunch Break All employees shall be scheduled to receive one (1) hour off from their daily duty assignments for lunch. The time for the daily lunch break shall be approved by the employee's supervisor. F. Daily Breaks Employees are given the option, upon approval of their supervisor, to take a daily break in the morning of not more than fifteen (15) minutes in duration and a break in the afternoon of not more than fifteen (15) minutes in duration. If an employee chooses to take the daily breaks instead of one (1) hour off for lunch, they will be permitted only thirty (30) minutes off from their duty assignments for the daily lunch break. William D. Wilkinson, Sr. Court Administrator E f f'~ctiv6 Date 8 E3 MEMORANDUM DATE: TO: FROM: RE: March 2, 1998 Board of County Commissioners Michael Smykowski, OMB Director March 3, 1998 Commission Agenda, Item 8E(3) There are three items requiring clarification in or related to the March 3, 1998 Executive Summary entitled "Establishment of a Separate Fund For Court Services (20'~ Judicial Circuit)," Agenda item 8E(3). 1. In the Objective section, the words "within Agency One" should be added. This designation simply means that this will be a fund of the Board of County Commissioners. The revised Objective shall read as follows: Board approval directing the establishment of a separate fund within Agency One for Court Services (20"~ Judicial Circuit) in Collier County for the FY 97-98 County budget and approval of associated budget amendments. 2. In paragraph four of the Considerations section of the Executive Summary, the words "section VIII of" are deleted. The revised paragraph shall read as follows: Therefore, pursuant to Chapter 129, Flodda Statutes, staff is recommending a budget amendment be approved that establishes a separate fund for expenses of the Court Services (20'h Judicial Circuit) in Collier County, pursuant to the agreement between the Board of County Commissioners and the 20~' Judicial Circuit. 3, In addition, as a follow-up to this Executive Summary, staff will bring forth a revised agreement for Court Services that incorporates the line item budget detail. The revised agreement will be brought forward via a separate Executive Summary for consideration by the Board of County Commissioners. CC~ Robert Fernandez, County Administrator David Weigel, County Attorney Dwight Brock, Clerk of Courts RESOI.UTION NO. 98-60 A RESOLUTION APPOINTING MEMBERS TO TIlE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS. Collier County Ordinance No. 97-52 created and established the Radio Road Beautification Advisory Committee and provides that the com:nittec shall be composed of five (5) members; and WHEREAS, thc Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, TttEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the following members are hereby appointed to the Radio Road Beautification Advisory Committee: Lcona P. ttyland Kathryn (Kate) Godfrey-Irwin Crystal K. Kinzcl Stan Whittemore Staffis hereby directed lo rcadvcrlisc for thc remaining seat. Thereafter. thc terms ofoffice of all members shall be determined at the first meeting of this Committee and subsequently confirmed by thc Board of County Commissioners. This Resolution adopted after motion, second and majority vote. DATED: March 3, 1998 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA s~nature o~I~. ,' Approved as to form and legal sufficiency: BA~AR~ B. I~ERR~. Cha~a~ David C. Wcigel ,' - County Attorney DCW/kn RESOI,UTION NO. 98-61 A RESOLUTION APPOINTING MEMBERS TO Tile COI,I.IER COUNTY CODE ENFORCEMENT BOARD SOUTll. WItEREAS, Collier County Ordinance No. 92-80. as amended by Ordinance No. 96-78. provides for thc establishment of a second Collier County Code Enforcement Board, and further provides that thc Collier County Code Enforcement Boards shall consist of seven members and two allcrnatc members; and WHEREAS. there arc currently two (2) vacancies on thc Code Enforcement Board South; and WHEREAS. thc Board of County Commissioners previously provided public notice soliciting applications from interested panics. NOW. TIIEREFORE. BE IT RF. SOI,VED BY TilE BOARD OF COt:NTY COMMISSIONERS OF COI,LIER COUNTY. FLORIDA. that: !. Robert Lockhart. representing thc category of engineer, hereby appointed to thc Collier County Code Enforcement Board South for a 3 year term. said term to expire on February 18. 2001. 2. Kathryn Godfrcy-lrwin, rcprcscnting thc busincss category, is hcrcby appointed to the Collicr County Codc Enforccmcnt Board South for a 3 ycar tcrrn, said term to cxpirc on Fcbruary 18, 2{)0 I. This Resolution adopted after motion, second and majority vote. DATED: March 3, 1998 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BARXl~R~-B. I~lY'.RR Approved as to form and legal sufficicncy: David C. Wcigcl County Attorney D('W/kn 3301 E~( Tam,am~ l'ra,I · Naples, Florida 34112-4977 fc)41) 774-,~97 · F,lx (041) 774-3602 March 4. ! 998 The Honorable Fred R. Dudley State Senator District 25 313 Senate Office Building Tallahassee. FL 32399-II 00 RE: Senate Bill 1006 Dear~~ey: The purpose of this letter is to advise that while convened in regular session on Tuesday. March 3. 1998. a majority of the Board of County Commissioners voted to approve, in concept, the idea of higher qualifications for people engaged in the business of landscaping design. If you have any questions or need additional information, please advise. Very, truly yours, B. Berry, Chairman Commissioner, District .5 BBB:sf Iofln C. Noms Dntnct 1 Tirnothv L. Hancock. AICP D~,~',ct 2 l'~mothv I. Constanhne D~smct 3 PameLa S. Mac'Kie O~nct 4, 8a~ara B. Ber~ 10C ' 11lI . ]301 E~s! Tamiami Trail * Naple% FlOrida ]4112-4977 ~- ,.~ !gall 774.8097 · F~ (941)774-3602 '% '' March 4. 1998 The Honorable Ken Jerme State Senator District 29 211 Senate Office Building Tallahassee. FL 32399-I I00 RE: Senate Bill 1006 Dear Senator Jenne: The purpose of this letter is to advise that while convened in regular session on Tuesday. March 3. 1998. a majority of the Board of County Commissioners voted to approve, in concept, the idea of higher qualifications for people engaged in the business of landscaping design. If you have any questions or need additional information, please advise. Very truly yours. Barbal'a B. Berry, Chairman '-~"-~,."--4 Commissioner, District 5 BBB:sf ]~01 Eas( Tamiam~ Trail · Naples, Floeicla 34112-4977 ~941) 774.8097 · F~x (941) 774-3602 March 4. 1998 The Honorable Burr Saundcrs State Representative District 76 ! 202 Capitol Tallahassee. FL 32399-1300 RE: House Bill 3523 Dear Representative Saunders: The purpose of this letter is to advise that while convened in regular session on Tuesday, March 3. 1998. a majority of the Board of County Commissioners voted to approve, in concept, the idea of higher qualifications for people engaged in the business of landscaping design. If you have any questions or need additional information, please advise. Very truly yours. Barb~'a B. Berry, Commissioner. District 5 BBB:sf March 4. 1998 Thc Honorable Joseph R. Spratt State Representative District 77 316 House Office Building Tallahassee, FL 32399- i 100 RE: House Bill 3523 Dear Representative Spratt: The purpose of this letter is to advise that while convened in regular session on Tuesday, March 3. 1998. a majority, of the Board of County Commissioners voted to approve, in concept, the idea of higher qualifications for people engaged in the business of landscaping design. If you have any questions or need additional information, please advise. Very truly yours, Commissioner. District 5 BBB:sf 301 East Tamiami Tra,I · Naples, Flaeida 34112-4977 (941) 774.8097 · Fax (941) 774.]602 March 4. 1998 Thc Honorable Ralph L. Livingston District 75 State Representative 2123 House Office Building Tailahassec. FL 212399-12100 RE: House Bill 3523 Dear Representative Livingston: The purpose of this letter is to advise that while convened in regular session on Tuesday, March 3. 1998. a majority of thc Board of County Commissioners voted to approve, in concept, the idea of higher qualifications for ix:opic engaged in thc business of landscaping design. If you have any questions or need additional information, please advise. Very truly yours, Commissioner, District 5 BBB:sf Iohn C. Dlsmcl 1 T, mo(l~y L. Hancock. AICP D~ncl 2 Timolhy I Constantine District 3 Pamela S. Mac'Kie Oistnct 4 Barbara B Berry D~smcx 5 3.101 East Tam,ami 1'rail · Nalales. t:lo~ida 34112.4977 (941) 774-8097 ,, Fax (941) 774-3602 March 4. 1998 The Honorable Luis E. Rojas State Representative District 102 1302 Capital Tallahassee. FL 32309-1300 RE: House Bill 3523 Dear Representative Rojas: The purpose of this letter is to advise that while convened in regular session on Tuesdav. March 3. 1998. a majority, of the Board of Coun .ty Commissioners voted to approve, in concepL the idea of higher qualifications for people engaged in the business of landscaping design. If you have any questions or need additional information, please advise. Veery truly yoyrs. ar araB. Berry. cnarrm~ ~ ,o - Commissioner. District 5 BBB:sf 10C Florida House of Representatives - 1998 By Representative Fuller HB 3523 1 2 3 4 5 9 I1 12 i3 14 16 17 2O 22 23 24 25 26 27 29 %- A bill to be entitled An act relating to landscape designers; amending s. 581.Gll, F.S.; defining the terms "landscape design" and "landscape designer"; amending s. 581.031, F.S.; granting the Department of Agriculture and Consumer Services certain powers and duties, including rulemaking authority, with respect to landscape designers; amending s. 581.035, F.S.; preempting regulatory authority over landscape designers to the department; amending s. 581.121, F.S.; prchibiting landscape designers from certain activities relating to nursery stock, for which there are penalties; amending s. 581.131, F.S.; pro'iding requirements for application for and renewal of a certificate of registration; prcvidin~ fer fees; providing for exemptions from registratlcn; amending s. 581.141, F.S.; providing for revocation and suspension of certificates of registration; providing for fines; amending s. 581.21!, F.S.; providing for imposition of administrative fines upon landscape designers; amending s. 481.329, F.S., relating to exemption from licensure as a landscape architect; including reference to landscape des:gners, tc ccnfcrm; providing an effectlve date. De 't Enacted ~)' the ~ ~' . L.~:_ ature cf tt.~ State of Florida: CODZN~:Words ~ are de!et'-cns; words underlined are additions. 10C Florida House of Representatives - 1998 527-I46-93 HB 3523 1 2 3 4 5 6 7 8 9 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section I. Subsection (6] of section 591.011, Florida Statutes, is amended, subsections (15) through (29) are renumbered as subsections (17) through (31), respectively, and new subsections (15) and (16) are added to said section, read: 581.011 Definitions.--As used in this chapter: (6) "Certificate of registration" means an official document issued by the division to nurseries, stock dealers, agents, ~ plant brokers, and landscape designer~ as evidence of being properly registered with the division in compliance with the reguirements of this chapter and of any of the rules. promulgated hereunder. ~15) "Landscape design" means the planning, design, construction of exterior spaces, using plant materials ant[ incidental paving and buildi.2u~ materials, and includes consultation with resoect such olanning, design, o~ construction. (16) "Landscape designer" means a person who, fo~ compensation~ provides or offers to provide any landscaoe design service. Section 2. Subsections (8), (11), and (2I) of section 581.031, Florida Statutes, are amended to read: 581.031 Department; powers and duties.--The department has the following powers and duties: (8) !a) To make and publish reasonable rules governing the application for, and issuance, suspension, and revocation of, certificates of registration and'of inspection of nurserymen, stock dealers, agents, and plant brokers in th~ ~.tate. (b) To make such rules as are necessary for th~ ~ssuance an~ renewal of certificates cf registration of 2 CODING:Words s~ are deletions; words underlined are additions. 10C Florida House of Representatives - 1998 527-146-98 HB 3523 1 2 3 5 6 7 9 lC Ii 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 landscape designers and to charge fees for the issuance and renewal of such certificates which are sufficient to pay th, costs of issuance, renewal, and discipline of such certificates, not to exceed $100 for initial issuance or renewal. {11) To suspend or revoke certificates of inspection and of registration of nurserymen, stock dealers, agents, ~ plant brokerst and landscape designers in the state. (21) {a) To make and issue certificates of registration and of inspec:icn to nurserymen, stock dealers, agents, and plant brokers, after proper certification of their nursery stcck, authorizing them to do business as nurserymen, stock dealers, agents, or plant brokers within the state. {b} Tc make and issue certificates of registration to landscape desianers authorizing them to do business as landscape designers within the state. ! Section 3. Section 581.035, Florida Statutes, is amended to read: 581.035 Preemption of regulatory authority over nurseries and landscape designers.--It is the intent of the Legislature to eliminate duplication of regulatory authority over nurseries and landscape designers. Notwithstanding any other law to the contrary, the authority to regulate, inspect, and permit: (1) Nursery owners, plant brokers, and stock dealers; (2) Nurseries, nursery stock, plants, and plant products, including any aquatic plant as defined in s. 369.22 which is grown in a nursery; and (3! Landscape designers, 3 CODING:Words ~ are deletions; words underlines are additions. lOC Florida House of Representatives - 1998 527-146-98 HB 3523 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 is preempted to the department. Section 4. Section 581.121, Florida Statutes, is amended to read: 581.121 Nursery stock; prohibited conduct.--it is unlawful for anf nurseryman, stock dealer, agent, ~ plant broker~ or landscape designer to sell, give away, transfer, move or cause to be moved, carry, ship, or deliver for carriage or shipment any nursery stock except in compliance with the provisions of this chapter and the rules made pursuant to law. Section 5. Subcection (9) of section 581.131, Florida. Statutes, is amended, and subsection (11) is added to said section, to read: 581.131 Certificate of 'registration.-- (9) (a) If the registration has not been renewed or the fee has not been pa~ ~y the renewal date, a penalty of $I0 cr 20 percent of the renewal fee, whichever is greater, shall be assessed. (b) If the registration has not been renewed cr the fee has not been paid within 31 days of the renewal date, the department shall stop sale or stop movement on all nursery stock until the person has renewed the certificate of registration. (c) If the registration has not been renewed or th~ fee has not been paid within 31 days of the renewal date, landscape designer shall stop providing any landscaoe design services until she or he has renewed the certificate of registration. (d)n~-J- Upon application prior to the renewal date, the department may, for good cause supported by written 4 CODINg:Words ~%--rf-=k-~ are deletions; words underlined are additions. · lOC florida House of Representatives - 1998 MB 3.523 1 documentation, extend the renewal date without penalty for up 2 to 90 days. 3 I~)(a1 Before any landscape designer shall provide 4 any landsg~pe desi,~n service in this statet she or he shall, 5 arp)~, to the direc[or of the divisign! on forms supplied by ( the dl..,ision! for a rertificate of registration. The 7 application and rennwal process shall be as provided in thi~ 8 section and b~ department rule, g ,(bt Tho department shall provide qualifications for lO regi~tratlon by rule, accordinq to the following minimum 2' criteria: '2 1. Complet,~on of a bachelor's degree in ornamental 13 horticulturo~ landscape design and managementt or a related 14 field from an accredited university; 1~ 2. Completion of an associate in science or arts i¢ degree in landscape design? horticulture~ landscape · T ~anagemontt or a related field from an accredited community · a collegot to~ether with 2 years' full-time documented '9 experience in landscape designL ;:0 3. Completion of a 1-year certificate in ornamental 21 horticulturel landscape management~ or a related field from an 22 accredited technical centqr~ together with 4 years' full-time 23 documented expe~ience in landscape design~ 24 4. Completion of 6 years' full-time practical 25 experience in landscape design; or 26 5. Certification by a nationally recognized 27 9r~anization in landscape design. 28 (c1 Neither the certificate of registration fee nor 29 the annual renewal fee may exceed $100. 33 ,{d! The department may exempt from payment of a 3: cert~fica%e fee ~hose governmental a~encies whose landscape CODING:Words s~ are deletions; words underlined are additions. Flo=ida H~use of P, epresentatives - I998 527-146-98 HB 3523 1 2 3 4 5 6 7 $ 9 10 11 12 13 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 des~ services are ~rovided exclusively_for landscapi~ designs on their cwn property. (e) This subsection does not apply to architect~ ~ered under ~art I of cha_ioter 481; landscape architects registered under part II of chapter 481; engineers registere~ under chapter 471; contractors licensed under chapter 489 fo, work on their own property; arboristsF including tree and tree removal s,rvices; tree moving services; and lawn maintenance services or landscape maintenance services for th ~rovision of maintenance services. Sectlcn 6. Section 581.141, Florida Statutes, is amended to read: 581.I4i Certificate of registration or of inspection; revocation and suspension; fines.-- (1) REVOCATION AND SUSPENSION.--If it is determined ky the department that any nurseryman, stock dealer, agent, or plant broker is selling or offering for sale, or is distributing or offering to distribute, nursery stock or that any landscape.designer is providing landscape design services in violation of the provisions of this chapter and the rules adopted under this ch3pter, or has aided or abetted in such violation, the department may revoke or suspend her or his certificate of registration or the use of any certificates, permits, or agreements issued by the division. Further, the department may refuse or suspend the certification of any nursery stock or plant product when it is determined that plant pests exist on the stock or product or that the nursery or site is in such condition with regard to growth and cultivation that an efficient inspection for plant pests cannot be made. (2) FINES; F~CBATiON.-- CODINg:Words s~ are deletions; words underlined are additions. Florida House of Representatives - 1998 527-146-98 HB 3523 ! 2 3 4 5 6 7 9 12 13 14 21 22 23 24 25 26 27 28 29 3O 3! (a)l. The department may, after notice and hearing, inpcse a fine not exceeding $5,000 or probation not exceeding 12 months, or both, for the violation of any of the provisions cf this chapter or the rules adopted under this chapter upon an}' person, nurser}nan, stock dealer, agent, c-r plant broker~ c,r land$caFe designer. The fine, when paid, shall be deposited in the Plant Industry Trust Fund. 2. The imposition of a fine or probation pursuant to this subsection may be in addition to or in lieu of the suspensicn or revocation of a certificate of registration or certificate of inspection. (bi Whenever any administrative order has been made and entered by the department imposing a fine upon any person pursuant to this subsection, the order shall specify the ar. cunt of the fine and the time limit for pa}~,ent, which shall not exceed 15 days. Upon failure to pay the fine within such tlr.e, the certificate cf registration or certificate of ~ns~ect~on of the person r. ay be suspended or revoked without further hearing; and a fine of $100 per day may be imposed for each day the v~ela~ion continues. Seclion 7. Paragraph (a) of subsection (3} of section 581.211, Florida Statutes, is amended to read: 5~1.211 Penalties for violations.-- (3] (a)l. In addition to any other provision of law, th,. dopartmen~ may, after notice and hearing, impose an administrative fine not exceeding $5,000 for each violation of this chapter, upon any person, nurseryman, stock dealer, agent~-~, plant broker~ or landscape designer. The fine, when paid, shall be deposited in the Plant Industry Trust Fund. In aJditicn, the department may place the violator on probation fcf up tc I year, with conditions. 7 CODING:Words s~ are deletions; words underlined are additions. ]LOC" Florida House of R"presentatives - 1998 527-~46-98 HB 3523 1 2 3 4 5 6 7 9 ii I3 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 2. The imposition of a fine or probation pursuant to this subsection may be in addition to or in lieu of the suspension or revocation of a certificate of registration cr certificate of inspection. Section ~. Subsection (5) of section 481.329, Florida Statutes, is amended to read: 481.329 Exceptions; exemptions from licensure.-- (5) This part shall not be deemed to prohibit any nurseryman, nursery stock dealer, ~ agent~ or landscape designer as defined by chapter 581 who is required under chapter 581 to hold a valid certificate of registration -~- issued by the Division of Plant Industry of the 0epartment of Agriculture and Consumer Services and wh~ d~es hold a valid certificate of registration ~ to en~age in the business of selling nursery stock or providing iandscap~ design services in this state, insofar as she or he engages in the preparation of plans or ~rawings as an adjunct to merchandising her or his prcJuct, so long as she or he does not use the title, term, or designation "landscape architect," "landscape architectural,- "landscape architecture,,, "L.A.," "landscape engineering,,, or any description tending to convey the impression that she or he is a landscape architect unless she or he is registered as provided in this part or is exempt from registration under the provisions of this part. Section 9. This act shall take effect October 1 of the year in which enacted. $ CODXN(]:Words ~ are deletions; words underlined are additions. Florida House of Representatives - 1998 527-146-98 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 HOUSE SUMMARY Provides for requlation of landscape designers under ch. 591, F.S., rela(in~ to the plant industry. Preempts authority over landscape desiqners to the Department of Agriculture and Consumer Services and provides the department with the requisite powers and duties and rulemaktng authority t~erefor. Requires registration and provides for discipline of landscape designers. Specifies services exempt from registration and provides that a ~andscape designer is exempt from licensure as a ~and~cape architect under pt. II, ch. 481, F.S. See bill zor details. CODINg:Words ~ are deletions; words underlined are additions. ,,,,,,,, ................. · .... amen ............... Ill[ 11 ............. I [Landscape Landscape Designers CERTIFICATION WHAT IS A CERTIFIED LANDSCAPE DESIGNER? A Landscape Designer is an individual who through education, training and professional experience engages for a fee in the consultation, planning, design or construction of exterior spaces, utilizing plant materials and incidental paving and building materials. A Certified Landscape Designer is a FLDA professional member in active practice that has successfully completed our Certification Review Process. WHY BECOME A CERTIFIED LANDSCAPE DESIGNER? · To advance the status and interests of landscape designers. · To support and encourage high ethical standards of professional practice. · To promote and defend the interests of landscape designers before legislative bodies. · To become a member of a state-wide campaign to promote the profession among other related professionals. · To stay current through continuing education and professional programs. · To consider issues affecting our industry and the environment. · To interact among professional landscape designers. · To encourage and support the preservation of historically significant landscapes. FLDA PO Box 2513 Tallahassee FL 32316 904.663.8848 ~ , I I III I ....... I I IIIIII IIIIII I I WHAT IS THE; CERTIFICATION PROCESS FOR LANDSCAPE DESlGN~ The CerlJfication Requirements include: · complelion c~ an application form, · the submission of a landscape design plan with material and plant specifications (graphics must be rendered by the applicant), · statement of design intent existing site concitJons, client needs or I:xogram, design concepl statement, and zone hardiness information), · educational records, · h,,o years minimum professional experience, · three client letters of reference (include client name, address, and phone number), · a one time filing fee of $75.00, · and professional membemhtp status. PUT FLDA AFTER YOUR NAME! Put 'FLDA' after your name. Professional certified members status In FLDA is a personal commitment to professional excellence and support of land___~ce_pe design. Upon completion of certification requirements you are FLDA. We encourage you to exi3'ess your FLDA status with pride and display your credentials by putting 'FLDA' after your name on letterhead, business cards, signs, directories, articles, and especially during puUic appearances. Your membership belongs to you pemonally as long as you remain an active member. It is rxX lzanst'erable to pemons or firms, Any cedJfied member of the national association of landscape designers (APLD) is given professional FLDA status upon joining as an associate member and may add 'FLDA' aftertheir name upon vedficatJon of their APLD membership. 10C FLORIDA LANDSCAPE DESIGNERS ASSOCIATION STANDARDS OF PRACTICE · utilize personal knowi~e and skills for the greatest good of my clients and the environment. · advance landscape design by continuing my professional education and exchanging knowiedge with colleagues. · be truthful in oraJ and written statements concerning the sen/ices I am qualified to offer. · protect the environment and discourage damage to our natural resources. · refrain from exl3'essing an uninformed opinion on any issues relating to my profession. · be loyal to clients or to the employing organization and faithfully perfon~ assigned tasks. · avoid making unfound statements or critidzJng colleagues for professional gain. · participate in pubtic service activities to educate the public about good lanctscape design and sound horticultural practices. · conduct all matters relating to landscape design activities, business operation, and civic responsibilities in a manner that will further the status of landscape design as a respected 10C Landscape ID·signers What is the difference between Landscape Design Services and Landscape Architecture Services? A Landscape Designer is an individual who through education, training and professional experience engages for a fee in the consultation, planning, design or construction of exterior spaces, utilizing plant materials and incidental paving and building materials. Landscape Designers are trained in the professional service of plant placement and the placement of landscape amenities for home and business owners. Scale of Landscape Design Selection and Placement of plant rnatena/ in · Residential Design · Commercial Design · Industrial Design · Xenscape Design · Restoration Design · Conceptual Placement of Hardscape Scale of Landscape Architecture · Residential Planning and Design · Commercial Planning and Design · Xeriscape Planning and Design · Institutional Planning and Design · Public Worl~ Projects · Highway Beautification · Urban Planning · Site Planning · Community Planning · Regior~al Planning · Environmental Management and Planning · Stormwater Management · Surveying, Grading and Drainage Design · Structural Design for Building C(x~e Compliance · Golf Course Planning and De.~gn · Parks and Recreational Facilities Planning and Design Services of Landscape Design Supporting consulting services including, but not limited to lhe following: · Preparation of plan drawings, inc. Juding planting design, maintenance programs, specifications and installation details, selection of soil amendments, mulches, edging, gravel and other s~mflar materials · Maintenance and Management Programs · Design of objects and features such as fences, walls, concrete or pavers on grade and other similar objects that do not re~3uire code compliance structural design. · The recommended conceptual placement, but ,nqt the struCtural design, of giber elements such as decks, ddves, pools. Services of Landscape Architecture Supporting consulting services including, but not limited Io the following: · Preparation of plan drawings, including planting design, management programs, specifications and installation details, selection of soil amendments, mulches. edging, gravel and other similar materials. · Land Management Programs · Design of objects and features Ihat do or do not require code compliance structural design. · The recommended placement and structural design of all elements, including those requiring code compliance. LanclscaDe De.s~gners are members of the de.~gn I~otesa~on anc~ suppoff the continued regulation of LandscaD· Arctq~tect$ an~ reCommend future ctwt~fication and se~f-re<ju~ahon for Lanc~sca!o® Oeagners RF, SOLUTION NO. 98- 62 RESOLUTION FOR REPEAL OF PREEMPTION LANGUAGE IN TIlE FLORIDA CLEAN INDOOR AIR ACT, CHAPTER 386. PART il. FLORIDA STATUTES. WIIEREAS, studics inform that cigarette smoking kills more Americans each year than alcohol, cocaine, heroine, murder, car accidents, and AIDS combined; and WHEREAS, reporledly 31,204 pc ,pie from Florida die of tobacco-caused diseases each year; and WHEREAS. secondhand smoke inhalcd by nonsmokers can cause serious health problems, especially among children; and WIIEREAS. re{cs of smoking among childrcn in Florida arc incrcasing, according to the {.'¢nlcrs Ibr Disease Control anti Prevention; and WIIERF, AS. statistical sludics indicate that every Ihirty seconds a child in Florida smokes for the first time. ami one-third ofthcse ne,,,.' smokers will eventually {lie oflobacco-related diseases; and WIIEREAS. the Iobacco indus{D' reportedly has, as a legislative strategy, the removal of local authority to regulate tobacco; and WIIEREAS. citizens in local communities believe they should have lhc power to protect themselves from secondhand smoke and protect children from tobacco; and WIIEREAS. the Board of('ounty Commissioners of Collier County is seriously concerned about the health hazards of smoking and Ihe use of tobacco by children; and WIIEREAS, the current laws of the Slate of Florida. including the Florida Clean Indoor Air Act. Chapter 386. Part II. Florida Statutes. preempt local regulation of tobacco use; and WItEREAS. thc Board of County Commissioners of Collier County believes that fights should be vested in local communities Io enact and enforce stronger tobacco-relaled ordinances if they choose to do so. NOW. THEREFORE. BE IT RESOLVED that the Board of County Commissioners of ('oilier County. Florida. exhorts Ihe Flofida Legislature to enact legislation to repeal the prcemplion language in lhe Florida (_'lean Indoor Air Act and return thc right to local communities to further enact and enforce stronger tobacco-related ordinances if they choose to do so. AND BE IT FURTHER RESOLVED. that the Board of County Commissioners of Collier County. Florida. encourages other counties and municipalities in Florida to adopl similar resolutions. /02) AND BE IT FURTHER RESOLVED, thai Iht County Clerk is hereby directed to dislribulc copics of Ihis Rcsolution to Ihc Govcmor and Lieutenant Govcrnor of Florida, to Ihe Collier County Legislative Delegation, and Io Ibc Florida Dcpartmcn! of Health. This Rcsolution adopted aflcr motion, second and majority vote. DATED:. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BAR~RA ~B. B~RRY~CHA'[R~ Approved as Io form and legal sufficiency: David C. Weigel County Attorney h:ew/'Rcsolu.on?dRepea! iff Preemption RESOLUTION NO. 98-63 RESOI.UTION APPOINTING MEMBERS TO THE BAYSllORE AVAI.ON BEAUTIFICATION ADVISORY COMMITTEE WltEREAS, on January 27, 1998, the Board of County Commissioners adopted Collier County Ordinance No. 97-82, establishing the Bayshore Avalon Beautification Municipal Service Taxing Unit and creating the Bayshore Avalon Beautification Advisory Committee; and WtlEREAS, Collier County Ordinance No. 97-82 provides that the Bayshore Avalon Beautification Advisory Committee shall consist of five (5) members; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications fr.,.,m interested parties. NOW, TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following members are hereby appoinled to the Bayshore Avalon Beautification Advisory Committee with their terms established as follows: Appointee Term o f Years James P. Lcnnane, Commercial Interest Bill L. Neal. Resident Thomas R. Brisco, Resident Robert F. Messmer. Resident Michael J. Bruet. Commercial Interest Expiration of Term 2 March 3, 2000 2 March 3, 2000 3 March 3, 2001 3 March 3, 2001 4 March 3, 2002 This Resolution adopted after motion, second and majority vote. DATED: March 3. 1998 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAI~BAR~-B.- l~ ER~N/', C H~ RMAk~"k Approved as to form and legal sufficiency: 6av{'d C. Wcigcl County Attorney DCW/kn let. It: C:LiI~[ TO Till This instrument prepared by: Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2288267 OR: 2395 PG: 0518 **,*,¢,,, II¢OII~iD 2~t the OtZ'[C~AI, IIICO][D$ ot CO[,I,[I]I COUrI'T, FI, COl'TIS 03/05/~1 al: ll:12XJI DVIGIIT I. BI, OCli, CI, IJ~IC FOR CLERK'S USE ONLY ~ 6~ ''!. Property Folio No. 59029560006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien by Resolution No. 97-126 against: Zbigniew Tomszay & Dorila M. Tomszay Apartado 6728 Carmelitas Caracas, Venezuela The lien was recorded on March 27, 1997 Official Record Book 2299, Page 1057, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Flodda. The lien secures the principal sum of Two Hundred Forty Five (245.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 15, Block 795, ofA REPLAT OF A PORTION OF MARCO BEACH UNIT TWENTY-FIVE, according to the Plat thereof, recorded in Plat Book 12, Pages 86 - 89, of the Public Records of Collier County, Florida. REFERENCE: 60911-028 #59029560006 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman~ directs execution and recording of the Satisfaction of Lien, by action of the Board this ~ day of ~, 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman leT. n: C~III[ TO Tffl BOAIO IZT 7240 This instrument prepared by: Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2288268 OR: 2395 PG: 0519 I~ICOIIDID J~ the O~ZClAL IIICOIIO~ ot COLl.[II ¢OI~ITI, ~. IIIC FOR CLERK'S USE ONLY I 6/~ 2 ! Property Folio No. 36316240007. SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien by Resolution No. 97-103 against: The New York Times Co % Herbert Valentine 229 W 43,0 Street New York, NY 10036 The lien was recorded on March 27, 1997 Official Record Book 2299, Page 1010, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Six Hundred Fifty dollars (650.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Commencing at the centerline intersection of Golden Gate Parkway and Coronado Parkway as shown on the Plat of Golden Gate, Unit 6 as recorded in Plat Book 5 at Pages 123-124 inclusive, of the Public Records of Collier County, Florida; thence along the centerline of Coronado Parkway, N38° 54' 39" W 90.0 feet; thence S 51° 05' 21" W 53.0 feet to the Southwesterly line of said Coronado Parkway; thence 39.27 feet along the arc of a circular curve, concave to the Northwest, radius 25.0 feet, chord bearing S 6° 05' 21" W 35.36 feet to the Northwesterly line of said Golden Gate Parkway; thence along the Northwesterly line of Golden Gate Parkway, S 51° 05' 21" W 250.0 feet for a PLACE OF BEGINNING: thence continuing S 51° 05' 21' W 110.0 feet; thence N 38° 54' 39" W 275.0 feet; thence N 51° 05' 21" E 110.0 feet; thence S 38° 54' 39" E 275.0 feet to the place of beginning, being a part of Block 200 of said Golden Gate, Unit 6. 60326-005 #36316240007 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and.[ecording of the Satisfaction of Lien, by action of the Board this ~ day of_.~~, 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman let.~: CtJll[ TO ?!! IOAID This instrument prepared by: Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2288266 OR: 2395 PG: 0517 *** FOR CLERK'S USE ONLY Property Folio No. ~ SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the t:tOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien by Resolution No. 96-343 against: Oscar Laupert Steve Laupert 978 Spruce Ave Marco Island, FL 34145 The lien was recorded on September 16, 1996 Official Record Book 2228, Page 2093, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Five dollars (245.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 5, Block 197, Marco Beach Unit No. 7, a Subdivision according to the Plat thereof, as recorded in Plat Book 6, Pages 55 through 62 of the Public Records of Collier County, Florida. REFERENCE: 60409-037 #57659560009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges partial payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by actinn of the Board this .'~ '~ day of ',///.:~/,~,L/~. __, 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman It? 124o This instrument prepared by: Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *.** 2288265 OR: 2395 PG: 0516 XlCOIOlO ]t~ the OrfiClkL llCOIl)$ O! COI, I, II! COgffT, fL 0:l/05/tl at I I:I2AJI DVZGH/ I. IlOCl, Cf, ltl[ COl'IlS I.O0 164(/ FOR CLERK'S USE ONLY Property Folio No. 62258640001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien by Resolution No. 97-104 against: Donald M. Thompson 107 Wayson Drive Nitro, WV 25143-1171 The lien was recorded on March 27, 1997 Official Record Book 2299, Page 1013, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of One Thousand dollars (1,000.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 9, Block 10, NAPLES MANOR LAKES, according to the plat thereof recorded in Plat Book 3, Pages 86 and 87, Public Records of Collier County, Florida. SUBJECT to restrictions, reservations and easements of record. REFERENCE: 60502-052 #62258640001 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges partial payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and r~ecording of the Satisfaction of Lien, by action of the Board this __.~"~ day of ~, 1998. A'CrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman C[lll lO ~ll IOAID lITllOrllCl 4Tff rLOQl Ill 7UO *** 2288264 OR: 2395 PG: 0515 *** 0]/0~/~ IL II:]~AK DV~GHT I. l~OCX, C~lffl cO~lll 1.00 This instrument prepared by: Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 FOR CLERK'S USE ONLY Property Folio No. 22670600009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien by Resolution No. 96-162 against: Ricardo F. Fidalgo 3515 Thomasson Naples, FL 34112 The lien was recorded on May 6, 1996 Official Record Book 2179, Page 0022, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of One Thousand One Hundred Forty Five dollars (1145.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 22, Unit 1, AVALON ESTATES REPLAT, according to the Plat thereof recorded in Plat Book 4, Page 65, of the Public Records of Collier County, Florida. REFERENCE: 50329-040 #22670600009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges partial payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board lhis ~--~ day of ~, 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman WORK ORDI,'.R # CDM-FT-98-2 :~g Agreement for Fazed Term Professional Engineering Services Dated SePtember 26, 1995 (Contract #95-2422) This Work Order fa for professional engineering aervices for work known as ~ Bleating-Related Services at North County Regional Water Treatment Pleat ~ Developer of adjacent property plans to use blaetiog during construction. This work order is to support operations staff with technical services as needed to provide re&sonable assurances that thc re,tonal water treatment plant will not be negatively impacted by seismic activity caused by blessing near thc si~e The work is specified in ~he proposal dated December ]6, 1997, which is auschcd, hereto end made t psr~ o~ th~s Work Order. la accordanc~ ~izh the Terms afl& Conditions of the Alreemcnt referenced above. Work Order a CDM*FT*98*2 t0 asfidflcd to Camp Dresser Mcgee Inc. See attached letter dated December 16, 1997. ~ Complete work within 12 months from receipt of the Notice to Proceed authorizing start of work. ~ In accordance with Article Five of the Agreement, thc County wall compensate thc Firm in accordance wtth the negotiated lLtmp sum amount indicated in the schedule below (if a task sa time end material, so indicate and use thc established hourly rate(s) as enumerated in Schedule 'A" of the Agreement). Task I - Blasting-Related Services 10,000.00 (time and reimbursable expenses1 Task 2 - Hydroloolo{ical Services 14,500.00 (time and reimbursable expenses) Task 2 - Evaluation of Potential Damage ~(time and reimbursable expense1) TOTAL FEE Any change within monetary authority of thts Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule *'A' of the Agreement. PREPARED BY: ~ REVIEWED Bz~ ~- EdWard Finn. Interim Waler Director ATTEST: Dwight E. Brock, Clerk Approved as to Form and Legal Sufficiency: Assistant County {~ftorney Dote: ,:" BOARD OF COUNTY COMMISSIONERS Collier County, Florida Camp Dresser & McKee Inc. Type or print name and title ATTEST: (Corporate Secretary) By: Signature By: Type Name and Title Signature Print Name (or) wime.~ees (2) Sisnature Print Name REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ... day o~, 19~,..._~, by and between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT OF COLLIER COUNTY. FLORIDA, hereinafter referred to as SELLER, and JUAN FLORES AND ARMANDINA G. FLORES, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the pdce and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: The real property which is the subject of Ihis Agreement, (hereinafter referred to as "Premises") is legally described as: Lol 53, of an unrecorded plat of BLUE HERON LAKE PARK, more particularly described as follows: Beginning at Ihe one-quarter (1/4) Section corner of Sections 17 and 20, Township 51 South. Range 27 East, Collier Counly, Florida, run South 0"01'20" West 2176.21 feel, then North 89r'27'40" West 814.48 feet, to an iron pin, being the Point of Beginning; Then North 89"27'40" West 60.0 feet to an iron pin, Ihen North 0005'00" East 135.0 feet to an iron pin, then South 89"17'40" East 60.0 feet to an iron pin, then So~th 0°05'00" West 135.0 feet to the Point of Beginning. Subject property includes a 1972 Grayville Mobile Home Sedal No. 14027. 2.~ A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees Io purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER's right, title and interest in and to the Premises. A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. The Purchase Price ("Purchase Price") for the premises shall be FIVE THOUSAND ($5,000) DOLLARS. payable by BUYER Io SELLER. SELLER acknowledges receipt of a total of FIVE THOUSAND ($5,000) DOLLARS. A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises m an "AS IS" condition and specifically and expressly without any warranties. representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity Io make such legal, factual and Giber inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Wilhout in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he/she hereby waives, releases and discharges any claim that he/she has, might have had. or may have against the SELLER with respect to the condition of the Premises. A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of lhe day preceding closing: I. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All olher ilems required by any olher provision cf this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to Ihe extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent lhat, credit has been given to BUYER at the time of dosing. A. BUYER acknowledges there are existing liens against the property such as: 1. Water Assessment -1988- Principal $909.04 Interest $686.66 Total $1595.70 Interest @ .0798 accrues monthly 2. Solid Waste @ 12% interest accrues monthly 1991 - Principal $ 99.72 + Interest $81.59 -- Total $181.31 1992 - Principal $100.74 + Inlerest $70.26 = Total $,171.00 1993 - Principal $100.74 + Inlerest $58.14 = Total $158.88 1994- Principal $104.37 + Interest $47.80 -- Total :$;152.17 1995 - Principal $102.89 + Inlerest $34.78 = Total $137.67 1996 - Principal $104.13 + Interest $22.84 = Total $126.97 1997 - Principal $ 81.26 + Interest $ 9.75 = Tolal $ 91.01 B. BUYER acknowledges there is an encumbrance against the property such as: 1. Water availability charge @ $14.20 billed monthly for a total through December 31, 1997 of $1,576.51. The Liens and Encumbrances hereof shall survive the closing. A. It' BUYER defaults hereunder, then provided SELLER is not in default, SELLER's sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such defaull to BUYER, and provided BUYER is not in default, BUYER may terminale this Agreement and neither party shall have any further liability or obligation to lhe other. Notwithstanding anything contained in Ihis Agreerndnt to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and recording fees), including, without limitation, appraisal fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. Pn~c 2 Closing shall take place during norma; business hours at the County Attorney's Office, Collier Courthouse, 3301 Easl Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select. 12. A. This written Agreement, including all exhibits altached hereto and documenls lo be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a writte~ memorandum subsequently executed by all of the parties hereto. C. No wmver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or ot any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law. any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which ss nol a Salurday, Sunday or legal holiday. E. In the event that any provisson o1' this Agreement shall be unenforceable in whole or in part, such provision shall be limited Io Ihe exlent necessary to render Ihe same valid, or shall be excised from this Agreemenl, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as Ihe case may be F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this AgreemenL G This Agreement shall be binding upon and shall inure Io the benefit of ~he parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be wilhheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to Ihe party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery Ihereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain Ihe signatures of less than all of the parties, and all of which shall be construed logether as but a single instrument. K. In the event of the institution of legal proceedings in connection wilh the enforcement of Ibis Agreement, the party prevailing therein shall be entitled to recover ~he costs and expenses incurred in connection lherewilh, including, wqhout limitation, reasonable attorneys' fees. L. Possession of the Premises shall be delivered 1o the BUYER at closing. M. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed Io in writing by the parties, or any earlier date permitted herein. N. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuanl to this Agreement. O. All of the parties lo this Agreemenl have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly conslrued against any one of the parties hereto. P. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. Q. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. Page 3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. ASTO SELLER: , DATE:~,'~ ATTEST: DWIGHT E. BROCK, Clerk THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLrlER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD. OF THE COLLIER COUNT~ WATER-SEWER DISTRICT OF COLLIER COUNTY, FLORIDA BY:~ AS TO BUYER: DA'~E: j,',., .i ~ ,,~tness (signa~re) Wi~ess (signature} -. ~. Witness (signature) print name) Witness (s~gnature) L, (print name) Approved as to legal form and sufficiency Heidi F. Ashton Assistant County Attorney Pagc 4 16B3 '' THIS DEED, made this ~ day of,~~c~..~ 19.~,, by the Board of County Commissioners of Collier County, Florida as Ihe governing' body of Collier County, and as Ex-Officio Ihe governing body of Collier County, and as Ex-Officio the governing Board of the Collier County Water-Sewer District of Collier County, Florida, hereinafter called the Grantor, to Juan Flores and Armandina G. Flores, hereinafter called Ihe Grantee whose address is P. O. Box 2727, LaBelle, Florida 33,~75. ('Whenever used herein the lerms "Grantor" and "Grantee" Include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and In consideration of the sum of Ten Dollars, ($10.00) Io it in hand paid by the Grantee, receipl whereof is hereby acknowledged, has granted, bargained and sold to Ihe Grantee, the following described land lying and being in Collier County, Florida: Lot 53, of an unrecorded plat of BLUE HERON LAKE PARK, more particularly described as follows: Beginning al Ihe one-quarter (1/4) Section comer of Sections 17 and 20, Township 51 Soulh, Range 27 East, Collier County, Florida, run South 0°01'20" West 2176.21 feet, then NoAh 89"27'40" West 814.48 feet, to an iron pin, being the Point of 13eginning; Then NoAh 89o27'40- West 60.0 feet to an iron pin, then NoAh 0o05'00- East 135.0 feet to an iron pin, then South 89°17'40" East 60.0 feet to an iron pin, then Soulh 0"05'00" West 135.0 feet to Ihe Point of Beginning. Subject property includes a 1972 Grayville Mobile Home Serial No. 14027. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents Io be executed in its name by its Board of County Commissioners acting by Ihe Chairman or Vice Chairman of said board, the day and year aforesaid. A'~I~ST:'" . ,.' '"'" DWIGHT E. BRdCK, Cler~' By: THE BOARD OF COUNTY COMMISSIONERS",,... COLLIER COUNTY, FLORIDA A'S THE . '; GOVERNING BODY OF COLLIER COUNTY,, ~ , AND AS EX-OFFICIO THE GOVERNING BOARD: OF THE COLLIER COUNTYWATER.SEWER : DISTRICT OF COLLIER COI.~ITY, FLORIDA BARB)~:tA B. BERRy, ~IAIRM~i,N ~ prepared b~: HOtH F. ~.shton. £$qulr! :,..,, !-, '[,~;I~;I Tr]l) {941) ?74-8400 I.ICI!NSE AND t ~SE AGREEMENT This Agrccmcnt. is by and holy, ten I.AKEWOOD (,OUNTRY CI.UB OF NAPI.ES, INC., a Florida coq~ration not for profit fl~¢r¢inafier referred lo as "Owner") COLI.IER COUNTY. FI.ORIDA. a political subdivision of the Stale of Florida, whose address is 33OI Tamiami Trail East Naples. Florida. 34112 (hereinafter referred to as "County") ami I.AKEWOOD COMMUNITY SERVICES ASSOCIATION, INC.. a Florida corporation not for profit (hcrcinaftcr rcfcrred to as "Association"). WIIERF. AS. Association has rcqucstcd that Cot,nty install a reclaimed water main on a portion of O,,vncr's lands, which arc more particularly described on Exhibit "A" (attached hereto and made a part hereof hy reference); and WItEREAS. Owner has agrccd to allow County access to thc property shov.'n on Exhibit "A." NOW. I'IIERF. FORF.. in consideration of Iht bencfits to he rc;,lizcd by thc parties to this Agreement. the sufficiency of ~¥hich is hereby mutt,ally acknowledged, it is agreed by ami between Ihe parties as follov,'s: 1. Owner hcrchy grants lo ('ounly a revocable license for thc purpose of inslalling a reclaimed watcr main on Owncr's hind as depicted in Exhibit "A." Said license may bc canceled by providing 3¢) days ~ rillen notice from ()',,,ncr lo ('panty. 2. Association shall be ~lcly rcsponsiblc for maintenance o£thc reclaimed water main after its installation by County. 3. Counly shall nlakc a good faith cffort to restore Owner's lands subsequent Io installation of reclaimed water main. Notwithstanding this pledge. Owner shall hold harmless the County for the condition of Owner's lands subsequent to said installation; and shall indemnify, save. protect and hold harmless thc County against any and all loss. damage, injury, debt or expense claimed or asserted by any pcrson or entity arising out of County's installation of said reclaimed water main. IN WITNESS WIIEREOF. thc parties have hcrcunlo affixed Ihcir signs and seals this day ATTEST: ~lwight E. Brock. Crcrk of Cot,rt BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA Barbara B. Berry, Chairman WITNESSES: LAKEWOOD (,OU~RY CLUB. INC.. a Flor' a~-?poratiOn not for profit By: ' ' ' 1685"~ l.iccn.~: and U~ Agreement Page 2 WI'FNF. SSES: LAKEWOOD COMMUNITY SERVICES ASSOCIATION. INC.. a Florida corporation not for profit ,~ ,,~-,.,~,-/~. ~ .. _ ~ ..... Approved as to form and Icgal sufficicncy ,,,/ ' tlcidi F. Ashlon. Assistant Counly Attorney EXlilBIT "A'* THE SKETCH BELOW SHOWS TttE LOCATION OF THE PROPOSED RECLAIMED WATER MAIN ACROSS A PORTION OF THE LAKE WOOD COUNTRY CLUB OF NAPLES GOLF COURSE, MORE PARTICULARLY DESCRIBED IN A LENGTHY METES AND BOUNDS LEGAL DESCRIPTION CONTAINED IN THAT WARRANTY DEED TO LAKEWOOD COUNTY CLUB OF NAPLES. INC.. FROM U.S. HOME CORPORATION, RECORDED IN OR BOOK 748, PAGES 518 - 522 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA LAKE~4OOD APTS. ND. 1I · B.~x. .\'.. LAKENOOD I VILLAS NO.~ LAKE b~oc~ o t £ntetn : ?,non; F4 :: Ceflt;.t~; F'..i LAKE LAKEWOOD VILLAS kO.4 This instrument prepared by: Melissa A. Vasqucz Assistant County Attorney Office of thc County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (94 ! ) 774-8400 *** 2288302 OR: 2395 PG: 0628 *** 03/0~/~1 at 12:28?~ DVIGHT I. BROCL COMI$ L0O Rein: HZ? 7240 SATISFACTION AND RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That thc BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was Ire owner and holder ora certain Mortgage against: Donald D. Patton 2471 Pine St. E. Naples, Florida 33942 Thc Mortgagc was rccorded on thc 5th day of'May, 1978 in Official Record Book 749, Page 1178, in thc Official Records of Collier County, Florida, in the Of,fice ofthe Clerk of thc Circuit Court of Collier County, State of Florida. Thc Mortgage secures thc principal sum of Nine Hundred Twenty-Eight Dollars and Eight-one Cents ($928.81) plus accrued interest and pcnalties, if any, and imposes ccrtain encumbrances against real property situated in Collier County, Florida. described as follows: W. H. Surrency Subdivision Block 4 N. 75 ft. of Lots 25 and 26 Collier County, a political subdivision of thc State of Florida, hereby acknowledges full satisfaction and rclcase of thc Mortgage and hereby cancels thc samc on thc properly described herein. Thc Clerk of the Circuit Court is hereby directed to record this Satisfaction and Release of Mortgage in the Official Records of Collier County, Florida, to acknowledge that the Mortgage ceases to exist on the property described herein, IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction and Release of Mortgage. by action ofthe Board th~s ,_~, dayof ~.'.~ ,...//__.1998. ATTEST: DWIGHT E. BROCK, Clerk ..... . .. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR~R~-~3'. B~E~ This instrument prepared by: Mclissa A. Vasqucz Assistant County Attorney Office of thc County Attorney 3.t01 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2288303 OR: 2395 PG: 0629 *** 03/05/98 at 12:2IF! DYIGH? l. ffl0C[, CLlli RI: ~!! ~.~0 eOF[IS C[IRI?O?HI ,OARD 1601 I~?BRO~HCR l~fl BI! 72~0 SATISFACTION AND RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That thc BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was Ibc owner and holder ora certain Mortgage against: Mary Wcbb and Carl Wcbb. Jr.. her husband Thc Mortgage was rccordcd on thc 29'" day of September. 1987 in Official Record Book 1298. Page 1857, in thc Official Records of Collier County. Florida. in thc Office of thc Clerk ofthc Circuit Court of Collier County. State of Florida. The Mortgage secures the principal sum of Sixtccn Thousand Five Hundred Filly-Seven Dollars and Thirty-five Cents ($16,557.35) plus accrued interest and penalties, if any, and imposes certain encumbrances against real property situated in Collier County, Florida, described as follows: Description of Land in the South V~ of Copeland Village lying in the East ~ of Section 13, Township 52 South, Range 29 East, Collier County, Florida. Parcel 21 - Commencing at the East 'A comer of Section 13, Township 52 South, Range 29 East, Collier County, Florida; thence N. 68 deg. 04 minutes 26 seconds W. 987.57 feet, said comer being the place of ending ofS-837 as described in Deed Book 42, Page 142 of the Public Records of Collier County, Florida, thence S. 42 deg. 06 minutes W. 37.00 feet; thence S. I deg. 24 minutes W. 318.21 feet; thence N. 88 deg. 36 minutes W. 352.0 feet for a PLACE OF BEGINNING: thence S. I deg. 24 minutes W. 84.87 feet; thence N. 88 deg. 36 minutes W. 83.0 feet; thence N. I deg 24 minutes E. 84.87 feet; thence S. 88 deg. 36 minutes e. 83.0 feet to the place of beginning, subject to that pan ora 14 foot wide utility easement lying within the Easterly 14 feet. Beatings based on the East line ortho NE ¼ of'Section 13 as being N. 0 deg. 02 minutes W. Collier County, a political subdivision of the State of Florida, hereby acknowledges full satisfaction and release of the Mortgage and hereby cancels the same on the property described herein. The Clerk of the Circuit Court is hereby directed to record this Satisfaction and Release of Mortgage in the Official Records of Collier County, Florida, to acknowledge that the Mortgage ceases to exist on the property described herein. IN WITNESS WHEREOF, thc Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction and Release of Mortgage, by action of the Board this _:._j~day of' ~~. ~,1998. ATTEST: DWIGHT E. BROCK, Clerk "/,,4'",",.',,..- ~,.~-C..".,~.~.-v ;.., . . BOARD OF COUNTY' COMMISSIONERS COLLIER COUNTY, FLORIDA BA K~'~A ~,a~ W,~.k Order ~74-7-547 Sec. 24. Twp 50 S. Rge ~ E EASEMENT This Instrument Prepared By Name: Laurie Rislcy Co. Name: 2 2288363 OR: 2395 PG: 0896 RICOROID l.'l O!?ICIAL RICORO$ Of ¢OLLIIR COUITT, m.m. eL 03/05/91 al; 03:247M DWIGHT !. BR0¢I, CLIRI Parcel I.D. // 00395680009 Address: 4105 SW 15 Ag' HC .q! 15.00 O0C-. 7O ,70 ( Maintained by ('ounty ~ C0PI]. A~rai~r) Rets: Form 3722-A (S~kcd) Rev. HAL PRO~RTT 7/'~ lit ~1 ~e u~crsig~d, in comiUcrali~ of Ibc p~ymcnl of S1.~) and o~hcr p~ ~nd val~ble c~sidormi~. Ibe adcqu~y a~ rcccipl o[ which is hcrchy acknowledged. Rram a~ ~ivc m Flmida P~'er & l.i~M Company. i~s licensees. a~en[s, succcs~yrs. ~ asMgns. ~n ca~cnl fi~rcvcr [or Ibc conMruc[ion. ralion and maimcna~e of overbead and underground clcclric On ludin~ wires. ~)1cs. Ruys. cables, conduhs ~nd appuncnam installed from dmc m dmc; wflh iht righl ~o reconsirucL i~provc, add enlarRe, chan~c lbo voha~c, a~ well ~. ~hc ~izc of and remove ~uch f~cilifics or ony of Ihcm wiihin an casemcm ~ foci in width de~cril~d as h)Uow~: ~ l~ai de~ipti~ ~s~i~ ~ Exhibit "A", at~c~ h~eto ~ ~ a ~rt her~f, See additional requirements described on Exhibit "B" attached hereto and made a part hereof. Together with thc right to permit an.,,' other person, firm or corporation to attach wires to any facilities hereunder and las' cable and conduit v.'ithin the ca.~mcnt and ,, ~h'x:rate the same for communicatmns purposes: thc right c~f ingress and egress to said 'premiss at all times; thc right to clear thc land and keep it cleared of all trees, undergrowth and other obstructions within thc casement area: to trim and cut and keep trimmed and cut all dead. wcak. leaning or dangerous trees or limbs outside of the easement area which might interfere wilh or fall upon the lines or ss'stems of communications or power transmission or distribution: and further £rants. to the fullest extent thc undersigned ha,~ thc I~W.'cr ~o grant, if at ail. thc rights hercinabove granted on thc land heretofore dcsc:ribed, over. along. under and across thc roads, streets or high,~ays adjoining or through said property. IN WITNESS WIIEREOF. thc undersigned has ~igncd and scaled this ~nstrumcnt on ~'~'n~J~-.~aled and delivered in the presence of: t Witness' Signature) Print Name . : cWlLnCss) tWitncss' Signature j ~j~d%nlc t Witness) , J AND COUNTY OF ~ day of (Type of Identification) STATE OF before me this and Board of Count~ Connissioners of Collier Couhty, Florida f'x , Print Name: ~r~ra B. ~r ~i~n Print Address: 3301 E. T~i~i ~ail , ~plest ~ ~4112 ~ Print Name: ~t E. B~kt Cl~k Print Address: 3301 E. T~i~ ~il Naples, ~ 34112 ~e foregoing insl~ment was acknowledged' 19 . by My Commission Expires: · who isfarc) personally known to me or has(have) produced as identification, and who did (did not) take an oath. Notary Public. Signature Print Name THIS CONVEYANCE ACCEPTED BY BOARD OF COUNTY CO~MISSIOtlER$~ COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVIS%ONS OR: 2395 PG: 0897 ,:l, tl..'ll"i :l::ih:]` ll.~:,,l:4I. ,. lllh t:,,.!.ht (! J & I..uJ,i~ fid: ,1: ::ql ~;I ."Id' ~i! Ill ,.ii ,iii !Il:, "-I; ' ~1~, ,Ill hl~l];l i[ 16C 2 OR: 2395 PG: 0898 EXHIBIT "B" Page 1 of 1 By acceptance of the easement herein granted, Florida Power & Light Company agrees upon removal of the subject electrical facilities, to release this easement from the public records. 16C4 WORK ORDER # VC-128 "General Contractor's Services" Contract #95-2334, dated March 28, 1995 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: construction of Picnic Shelters at various Community Parks PROJECT: This project is to construct 5 Picnic shelters at the following locations: 2 at Vineyards Community Park 2 at Veterans Community Park 1 at Golden Gate Community Park The work is specified in the proposal dated 2 / 18 / 98 from Varian Construction Co. which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order ~ V C 128 is assigned to Varian Construction Co. ScoDe: Contractor to SUDD1V labor and material to Build 5 picnic shelters as per proposal of 2/18/98 at Vineyards Community Park, Veterans Community Park and Golden Gate Community Park. Schedule of Work: complete within i00 days. Compensation: In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the sum amount provided in the schedule below. Construct 5 picnic shelters TOTAL FEE $176,389 $176,389 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement· REVIEWED BY: .~<~ i~ ~ ,C f , . '-~','~ '~ ~l{¢j , Director Date >~,~~¢~ Department ATTEST: Dwight E. Brock, Clerk // Deputy '~lerk-' BOARD OF COUNTY COMMISSIONERS Collier County, Florida Barbara B~r~y~.,'Chairman ~ '. ~ Varlan Construction Co. Contractor Date ATTEST: (Corporate Secretary) By: Signature '~,O~ - By: Typed Name and Title (or) witnesses (2) Signature (Print Name) Signature (Print Name) Approved as to Form and Legal Sufficiency: Melissa Vasquez 941-775-1178 Fax 941-732-0820 WM ARIAhl CONSTRUCTION CO. General Contractor 1400 Blue Point Ave. #102 Naples, FL 34102 Collier # 17371 S.R. I~ 16C4 ,: February 18, 1998 Board of County Commissioners cio Brooks Swanson, Architect Barany Schmitt Weaver & Partners, Inc. 3050 N. llorseshoe Drive Naples, FL 34104 RE: Picnic Shelters Vineyards, Veterans anti Golden Gate Parks We propose to construct five (5) picnic pavilions at three (3) Parks per Drawings from Barany Schmitt Weaver & Partners, Inc. dated January 22, 1998 and Addendum #I dated February 10, 1998. We acknowledge receipt of Addendum #1 dated February I0, 1998. This proposal includes all labor anti material per Drawings and Specifications and Addendum #1. Also includes concrete sidc~valks as follows: Veterans Park - 220 I/f; Vineyards Park - 10 I/f; Gohlen Gate Park - 120 I/f. Contract Time: 100 calendar days. NOTE: Delivery time for pre-fan buildings is estimated to be approximately 10-12 weeks. Contract Time may have to be lengthened due to delivery schedule of pre-fab buildings for (;olden Gate and Veterans Pqrk. LUMP SUM BID: -. ONSTRUCTION COMPANY S 176,389.00 1682 ·, Date: To: From: Re: March 5, 1998 Jorge Aguilera, Training Commander Emergency Medical Services Department Ellie Hoffman, Deputy Clerk Minutes & Records Department (5) EMS Matching Grant Applications Enclosed please find five original grant applications approved by the Board of County Commissioners on March 3, 1998 (Agenda Item ~16D2. Kindly forward the applications to the Department of Health and Rehabilitative Services, Office of Emergency Medical Services for the required signature and return one fully executed original of each document to Minutes and Records. If you should have any questions, please feel free to contact me at (8406). Thank you. Enclosures 1602 EMS Matching Grant Application 75/25 Percent Form Office of Emergency Medical Services Florida Department of Health and Rehabilitative Services ID. Code (Assigned by the State EMS Office): M Organization: Collier County Emergency Medical Services Department Grant Signer Name: Barbara B. Berry Title: Chairman Mailing Address: 3301 East Tamiami Trail County: Collier City: Naples State: Florida Zip: 34112 Telephone: (941) 774-8459 SUNCOM: Contact Person's Name: Jor,qe Aquilera Title: _.Trainin(3 Commander Mailing Address: .3301 East Tamiami Trail Building H City: .Naples State: Florida Zip: 34112 3. Legal Status of Agency/Organization ( Check only one response). (1) ~-1 Private Not For-profit ( attach copy of IRS's 501 © (3) lelter or other legal documentation of this status) (2) r-'l Private For- profit (3) [-"1 City/Municipality (3) [~] County (5)E~ state First Responder: If you are a first responder organization, you must attach a copy of your MOU with a licensed provider If you do not have a MOU, attach documentation that you made reasonable efforts to get one, that you operate cooperatively with providers, or that you requested but did not receive a response from the providers in your area. ' 5. Your Fiscal Year: Begins 1._~..0/~ Ends 09 /30 6. Your Federal Tax ID Number (nine Digits): VF 5 9 6 0 0 0 5 5 8 7. Identify the one EMS state plan objective this project primarily will accomplish in whole or part: 8. Research Projects Only: · , If this is not a research project sk!p this item and proceed to the next. If lhis is a research project, attac~ed at the end of the application concise statements of the hypothesis, design, method, instruments, methods to protect human subjects, and limitations of the study. Also attach research instruments, forms and a bibliography of other relevant studies. IIII 16D2 9. Major Work Activities and Time Frames: Activity 1) To develop specification 2) To prepare and bid equipment 3) To equip and train all identified user Number of Months After Grant Starts 30 days 60 days 6 months Note; (1) You ~U~ follow your schedule if grant awarded. (2) You must justify in Ihis application your time frame if your project will exceed 12 months. 10. Background: (1) describe your organization, its activities and responsibilities, and (2) how it relates to other EMS organizations in your area. Also provide, (3) date you first began operation; (4) your annual budget; (5) the number of your full and part time employees; and (6) your quantity of vehicles and I or other major resources. Isle of Capri Fire Protection District is a subset of the Collier County Emergency Services Department that protects the residents and property of the Isle of Capri, an area covering 36 square miles of land, 245 square miles of shoreline and inland waterways up to 5 miles offshore. Isle of Capri Fire Department started in 1983. ICFD being fully integrated with the Collier County Emergency Medical Department consist of 20 volunteer firefighters 2 full time State Certified Firefighters and I EMS Paramedic. ICFD personnel responded in 1997 to over 250 emergency calls for assistance, these calls varied from structure fires to wildland fires to hazardous material spills and medical emergencies. While only having one station to respond from with 1 engine company and I quick response vehicle the average response time is 3-4 minutes, this does not include the water rescues/fires that are responded to by the only ALS/Firefighting boat in the county. ICFD responds to calls for mutual aide each year from neighboring districts You may altach 91!,e, addilional page, if needed, to complete this item. I Ilnl IIII n II III IIllll Ill Ill Ill Il Ill - ' Illll II 1602 ' 11. Project Description/Justification: Describe and justify your project. Include: (1) the current and projected number of persons who will be served directly by this project, and quantify what adverse condition of theirs the project will impact upon; (2) the involved geographic area; (3) the source (s) from which you obtain your data; and (4) the time frames of your data. The Isle of Capri Fire Department is seeking grant funding for a cascade air system to refill SCBA's. The Isle of Capri Fire 8, Rescue Department padicipated in 98 incidents that SCBA's were required to used and refilled. Due to the number of occurrences and the lack of resources to refill SCBA's air bottles, 60% of the time there where not enough filled SCBA Bottles to adequately respond to an incident. By achieving funding for the cascade air system we will be able to have adequate air supply 100% of the time and in turn would enhance the chances of survival of life and property in or district as well as adjoining districts with which we have mutual aide agreements. The Isle of Capri Fire District continues to show it's commitment to the protection of the quality of life of our community by participating in a Memorandum of Understanding with the Collier County EMS Department. You may attach one additional page, if needed, to complete this item and to tell us in your words what you are going to do, what you need and why. 12. State Grant History Briefly describe your current and previous state EMS matching and county awards for at least the past three years. Explain why this application does not conflict with or duplicate them. If you have had no previous grants, state this fact. In 1994 Ihe Collier County Emergency Medical Services Departmenl was awarded Ihree (3) granls 1) 12 lead monilor granl 2) Pedialdc Car seal 3) Professional Educalion In 1995 one (1) malching grant was awarded ) Helicopter Safety granl The granl program's lisled above did nol address Ihe enormous impodance of early intervenlion in Ihe selling of a ~alien! suffering from sudden death. , You may altach ,one additional page, if needed, to complete this item. 13. Provider Coordination. (1) If your service area has a regional EMS advisory council, attach from that council a letter commenting on this project. If there is no council, attach a letter from at least one licensed provider in or adjacent to your service area commenting on this project, or documentation that you requested the comments. (2) Include a letter of support from all other agencies that will be directly involved in this project. III I II llml .......... III II 14. Budget. For each type of position include the Pay per hour, number of hours, and cost of each benefit. For expenses include unit costs (e.g. if rental give lhe cost per square foot). equipment include the cost per item and quantity. For Items/Quantities and Positions/FTEs Containment Filler Station Compressor 5000 PSI Three Stage Wiring Cascade 5000 PSI Bottles Cost 6,000 8,000 5,000 5,000 Expenditures (Complete this column after award) Grand Total .................................................... $ 75 Percent of Grand Total ( State Payment) ................................... $ 25 Percent of Total ( Your Payment) .................................... $ 24,000 $ 18,000 $ 6,0OO $ Nole: You may allach additional pages, if needed, to complele Ihis ilem or to justify any budget item or its quantity. Medical Director's Approvals. These are required for all projects which involve professional education, medical equipment, or both. (1) Professional Education. All continuing education described in this application will be developed and conducted with my input and a_EgCO.v, aL. Medical Director: /~"~,,,/.;~/,~. ~/~./~ - -Sign;,tu~e ' Date Printed Name: Dr Robert B. Tober M.D. FACEP (2) Medical Equipment. ~quipment in this project. Medical Director: Fla. Med. Lic. No.: ME-0030891 I hereby affirm my authority and responsibility for the use of all medical ' Signature - Date Printed Name: Dr. Robed B. Tober M.D. FACEP Fla. Med. Lic. No.:ME-0030891 16D2 16. Governmental Agency and Non-profit Entity Only Request for Matching Grant Distribution (Advance Payment) Emergency Medical Services (EMS) In accordance with the provisions of paragraph 401.113(2)(b), Florida Statutes, the undersigned hereby requests an EMS matching grant distribution (advance payment) for the improvement and expansion of prehospital EMS. Payment To: Collier County Board of County Commissioners Name of Agency or Organization 3301 E Tamiami Trail Address Naples Fla 34112 Authorized Official: City X,- .... 'Sign~ure X''~\ State Zip , Barbara B. Berry Chaiman ...... .'' Printed Name Title ..... Sign and return this page with your application and copies to: ~ r D~4~ g Grant.Office of Emergency Medical Se~es (HSE~). ~ ] ~ ; De~adment of Health and ~ehabi/itative ~eDf~ ~ ~ ,. ~": Be/ow this line is for use only by the Depadment of Health and Rehabi/itativ~ Se~ices, Office of Emergency Medical Se~ices Matching Grant Amount For State To Pay: $ Grant,ID, Code: M Approved BY: Signature & Title of State EMS Grant Officer Date HRS Fiscal Year: FY Oraanization Code 60-20-60-30-100 E.O. Object Code HS 7 Federal Tax ID: VF Grant Begins:__/__/__ Month Day Year Ends: I / Month Day Year 16D2 ,17. ASSURANCES AND APPLICATION SIGNATURE P_avment for Grant Project:. I, the undersigned, understand and accept that due to state cash flow and project priorities, I may not receive payment from the state for this project until several months after announcement of awards. The work activity time frames will be adjusted based on the date I receive payment,' except the ending date of the grant will remain as specified in the Notice Of Grant Award letter. Statement of Cash Commitment I, the undersigned, certify that my cash match wilt be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this project, as the application on file in the stale EMS Office requires. No costs count towards satisfying a matching requirement of · department grant if they are also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved project during the grant period. Acceotance of Terms and Conditions: I, the undersigned, understand and accept the grant terms and conditions in Chapters 1, 2 and 4 of, "Florida EMS Grants Program Handbook October, 1996", by the Department of Health and Rehabilitative Services, arid acknowledge this when funds are drawn or otherwise obtained from the grant payment system for this project. Disclaimer. I, the undersigned, hereby certify that the facts and information contained in, i this application and any attached and supplemental documents are true and correct to the :besl of my knowledge, information, and belief. I further understand and accept that if it is subsequently determined that this is not correct, this grant funded under Chapter 401, Part I!, ~F.S. end Chapter 10D-66, F.A.C., may be revoked, and any monies erroneously paid plus interest eamed, will be refunded to the department with any penalties which may be imposed by law or applicable regulations. Notification of Awards: I, the undersigned, understand and accept the notice of award will be advertised in the FAW, and lhat 21 days after this advertisement I waive any right to challenge or protest pursuant to Chapter 120, F.S. ' Maintenance of improvement and Expansion: I, the undersigned, understand and accept that my organization will maintain for five years after the project ends any improvement, expansion or other effect brought about in whole or part by grant funds, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds, plus interest if any, to the department as determined by the department. -'"',Signa[ur~ of A~t~igner ' I ~ [ (~ ~ D~t~ ' ~ (Individual Identified in Item 1) Ag_~-.~ ,4 .tO form {{ l~g~ ~uff[~ 44 As~Lat~t County Attorney IIII .......... IIIII IIIII -- IIIIIIIIIIIIIIII II I IIIIIII 6D2- February 18, 1998 Grant Committee 1280 San Marco Road Marco Island, Florida 34145-5011 Dear Grant Committee Members: As chairman of the Emergency Service Department Citizen Advisory Committee. I am writing this letter to offer our complete support for the matching grant applications submitted by the Depadment of Emergency Medical Services Department. As a group of citizen we support lhe proactive approach to finding alternative methods of funding program which truly enhance the delivery of patient care in Collier County. Sincerely, Bob Laird, Chairman Emergency Medical Services Advisory Committee 1602 EMS Matching Grant Application 75/25 Percent Form Office of Emergency Medical Services Florida Department of Health and Rehabilitative Services ID. Code (Assigned by the State EMS Office): M Organization: Collier County Emerqency Medical Services Department Grant Signer Name: Barbara B. Berry Title: Chairman Mailing Address: .3301 East Tamiami Trail County: Collier City: Naples State: Florida _ Zip: 34112 Telephone: (941) 774-8459 SUNCOM: Contact Person's Name: Joroe A,quilera Title: Trainino Commander Mailing Address: 3301 East Tamiami Trail Building H City: Naples State: Florida Zip: 34112 3. Legal Slatus of Agency/Organization ( Check only one response). (1) ~ Private Not For-profit ( attach copy of IRS's 501 (D (3) letter or other legal documentation of this status) (2) E~ Private For- profit (3) r'"'] City/Municipality (3) ~ County (5)[-'-] State 4 First Responder- If you are a first responder organization, you must attach a copy of your MOU with a licensed provider If you do not have a MOU, attach documentation that you made reasonable efforts to get one, that you operate cooperatively with providers, or that you requested but did not receive a response from the providers in your area. 5. Your Fiscal Year: Begins 10 / 01 Ends 0~9/3~0 6. Your Federal Tax ID Number (nine Digits): VF 5 9 6 0 0 0 5 5 8 7. Identify the one EMS state plan objective this project primarily will accomplish in whole or part: 8. Research Projects Only: · If this is not a research project sk!p this item and proceed to the next. If this is a research project, attac~ed at the end of the application concise statements of the hypothesis, design, method, instruments, methods to protect human subjects, and limitations of the study. Also attach research instruments, forms and a bibliography of other relevant studies. 16D2 9. Major Work Activities and Time Frames: Activity 1) To develop specification 2) To prepare and bid equipment 3) To equip and train all identified user Number of Months After Grant Starts 30 days 60 days 6 months Note; (1) You must follow your schedule it granl awarded. (2) You musl justify in this application your time frame if your project will exceed 12 monlhs. 10. Background: (1) describe your organization, its activities and responsibilities, and (2) how it relates to other EMS organizations in your area. Also provide, (3) date you first began operation; (4) your annual budget; (5) the number of your full and part time employees; and (6) your quantity of vehicles and / or other major resources. The Collier County Emergency Services Department is comprised of the Ochopee Fire Dept., Isle of Capd Fire Dept., Helicopter Operations, Emergency Management and the EMS Department. The Collier County Emergency Medical Services (EMS) Department, is a single, fully consolidated agency that provides Paramedic emergency medical services for approximately 200,000 community members residing in the City of Naples and the varied areas of Collier County including Golden Gate, City oj' Marco Island, North Naples, East Naples, and Immokalee The EMS Department was established in 1981 by the Board of County Commissioners and was recognized by emergency physicians for achieving the most successful cardiac patient outcomes of any emergency services in the entire State of Florida. EMS Department Paramedics responded to almost 26,000 911 medical emergencies in 1997; a twenty-six percent increase since 1993. There are fourteen EMS Department stations located throughout the 2032 square miles of Collier County with Paramedics achieving a median response time of 4-6 minutes to medical emergencies in the populated areas. Transportation resources include twenty two advanced life support vehicles and an advanced life support helicopter, and five ALS first response vehicle staffed and administered by 121 full time employees and twenty five part time employees. The EMS Departmenl provides mutual aid to the surrounding counties of Lee, Hendry, Glades, Oade and Monroe through written agreements. You may atlach one addilional page, if needed, to complete this item. 11. Project Description/Justification: Describe and justify your project. Include: (1) the current and projected number of persons who will be served directly by this project, and quantify what adverse condition of theirs the project will impact upon; (2) lhe involved geographic area; (3) the source ts) from which you obtain your data; and (4) Ihe lime frames of your data. , The Collier County Emergency Medical Services Depadment is seeking grant funding for the developmenl Of a Law Enforcemenl/firsl responder AED Program which will serve a population of approximale 200,000 people. This program will place AED's in law enforcement vehicles which inchJde lhe Collier Counly Sheriffs Department and Naples Police and Emergency Services Deparlmenl. Upon the receiving of the ftmds and before distribulion of AED's. Ihe Collier County EMS Department will agree Io execute a Memorandum of Understanding with each of lhe law enforcement agencies. The EMS Departmenl will be the primary responsible party for the assurance of propeJ operation and mainlenance of lhe AED's In calendar 1997 Collier Colmly Emergency Medical Services Department run repods show lhat response to 200 cardiac arresls in which the initial cardiac rhythm was venlricular fibrillation. Of Ihe 200 cardiac arresls 81 were al a residence. 62 were al a Iocalion which served a large group of people: lhirty eight (38) occurred al a business, six (6) occurred al a leisure facility, eleven (11) on a lraffic / water way and two (2) on beach. None (0) of Ihese pafienls survived this sudden death episode. Treatment for Ihis Sudden Death episode could not be slarted for an average 5 minutes, until EMS arrived because there are no AED's (0%) available for use by lhe iniltal arriving law enforcemenl agencies al lhe scene of a sudden dealh incidenl. Currenlly lheir are 150 Law Enforcement vehicle on Ihe road dt~ring a padict~lar Shill The funding of lhis grant will provide one hundred and fifty (150) AED's for use by law enforcemenl officers. We eslimale lhal in the 6 monlhs after lhe granl equipment is used, the st~dden dealh survival rate will Increase from zero(0%) percent to Ihidy (30%) percenl resuscttalton by law enforcemenl officers This eslimale follows the stalislic from the A~erican Head Associalion Ihal for every minute thalI goes by wllhoiJl a defibrillalor, fha s[trvival rate will decrease lan (10 Yo) percent. goingY°u maYto do,attaChwhat"°neyouadditi°nalneed andPage'why, if needed, to complete this item and to tell us in your words what you~ are Jl 12. State Grant History. Briefly describe your current and previous state EMS matching and county awards for at least the past three years. Explain why this application does not conflict with or duplicate them. If you have had no previous grants, state this fact. In 1994 Ihe Collier Counly Emergency Medical Services Departmenl was awarded Ihree (3) grants 1) 12 lead monitor grant 2) Pediatric Car seal 3) Professional Educalion In 1995 one (1) malchir~g grant was awarded 1) Helicopter Safely grant The granl program's lisled above did nol address Ihe enorrno~Js impodance of early mtervenlion in the selling of a :)alient suffering from s~Jdden death. You may attach .one addilional page, if needed, to complele Ihis item. 13. Provider Coordination. (1) If your service area has a regional EMS advisory council, attach from that council a letter commenting on this project. If there is no council, attach a letter from at least one licensed provider in or adjacent to your service area commenting on this project, or documentation that you requested the comments. (2) Include a letter of support from all other agencies that will be directly involved in this project. 1602 14. Budget. For each type of position incluae the pay per hour, number of hours, and cost of each benefit. For expenses include unit costs (e.g. if rental give the cost per square foot). equipment include the cost per item and quantity. For Items/Quantities and Positions/FTEs Cost 10 AED (Florida Highway Patrol) * $3,000 30,000 each duty vehicle 20 AED (Naples Police Department) * $3,000 60,000 each duty vehicle 70 AED (Collier County Sheriff Dept.)* $3,000 210,000 each duty vehicle Expenditures (Complete this column after award) Grand Total .................................................... $ 300,000 $ 75 Percent of Grand Total ( State Payment) .................................... $ 225,000 $ 25 Percent of Total (Your Payment) ..................................... $ 75,000 $ Note: You may attach addilional pages, if needed, to complete this item or to justify any budget item or its quantity. Medical Director's Approvals. These are required for al_il projects which involve professional education, medical equipment, or both. (1) Professional Education. All continuing education described in this application will be developed and conducted with my input a_~:3cLa, ppce,vel. Medical Director: /~'/~///~F _/~--f~' 2//~'/'~b) Signature Date Printed Name: Dr Robert B. Tober M.D. FACEP Fla. Med. Lic. No.: ME-0030891 (2) Medical Equipment. equipment in this project. Medical Director: I hereby affirm my authority and responsibiity for the use of all medical Signature Date ~ Printed Name: Dr. Robert B. Tober M.D. FACEP Fla. Med. Lic. No.:ME-0030891 1602 16. Governmental Agency and Non-profit Entity Only Request for Matching Grant Distribution (Advance Payment) Emergency Medical Services (EMS) In accordance with the provisions of paragraph 401.113(2)(b), Florida Statutes, the undersigned hereby requests an EMS matching grant distribution (advance payment) for the improvement and expansion of prehospital EMS. Payment To: Collier County Board of County Commissioners Name of Agency or Organization 3301 E Tamiami Trail Address Naples Fla 34112 City Authorized Official: ~~,,~~ ~, ._~"~,~,~U "~.- ' ~gnat~re ~'"~ State Zip date .' Barbara B Berry Chaiman ', Printed Name Title Sign and return this page with your application and copies to: ~, ~ !E.~I ' ' ' ' I~, 'b,,~,,.^, .E 3. Matching Grant~Off~ce of Emergency Medical Se~ces~ (H~EM) ,~ to .~r,n. .~ ,,~g~ ~-', .!,.~, ~ ~ ~Depadment of Health and Rehabilitative ~e~i~~ ~ ~ '=~ ~' ~~~~" ~ 2002 Old St Augustine Road, Bldg. D /~~~~~ ~-T-'' "' ~ ~'' Ta/lahasseo, Flonda32301-4881 ~ .... ~~Co~t, xt~--,~ Be/ow this line is for use only by the Depa~ment of Health and Rehabilitative Se~ices, O~ce of Emergency Medical Services Matching Grant Amount For State To Pay: $ Grant,ID, Code: M Approved BY: Signature & Title of State EMS Grant Officer Date HRS Fiscal Year: FY Or.qanization Code 60-20-60-30-1 O0 Federal Tax ID: VF E.O. Object Code HS 7 Grant Begins: / /__ Month Day Year Ends: I I Month Day Year 1602 17. ASSURANCES AND APPLICATION SIGNATURE ,Payment for Grant Prolect I, the undersigned, understand and accept that due to state cash flow and project priorities, I may not receive payment from the state for this project until several months after announcement of awards. The work activity time frames will be adjusted based on the date I receive payment, except the ending date of the grant will remain as specified in the Notice Of Grant Award letter. .S. tatement of Cash Commitment:. I, the undersigned, certify that my cash match will be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this project, as. the application on file in the state EMS Office requires. No costs count towards satisfying a matching requirement of a department grant if they are also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved project during the grant period. ,Acceptance of Terms and Condition~: I, the undersigned, understand and accept the grant terms and conditions in Chapters 1, 2 and 4 of, "Florida EMS Grants Program Handbook October, 1996", by the Department of Health and Rehabilitative Services, and acknowledge this when funds are drawn or otherwise obtained from the grant payment system for this project. Disclaimer:. I, the undersigned, hereby certify that the facts and information contained in '~his application and any attached and supplemental documents are true and correct to the best of my knowledge, information, and belief. I further understand and accept that if it is subsequently determined that this is not correct, this grant funded under Chapter 401, Part I1, F.S. and Chapter 1OD-66, F.A.C., may be revoked, and any monies erroneously paid plus interest earned, will be refunded to the department with any penalties which may be imposed by law or applicable regulations. Notification of Award~: I, the undersigned, understand and accept the notice of award will be advertised in the FAW, and that 21 days after this advertisement I waive any right to challenge or protest pursuant to Chapter 120, F.S. ' .Maintenance of improvement and Expansion: I, the undersigned, understand and accept that my organization will maintain for five years after the project ends any improvement, expansion or other effect brought about in whole or part by grant funds, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds, plus interest if any, to the department as determined by the department. -XSignatu~-~ ~f Aui'F,~~gner "Dat~ (Individual Identified in Item 1) 44 :[6D2 ' ' Collier County Emergency Medical Services Department Attachment A The EMS Department has achieved the lowest tax (millage) of any emergency services agency in Collier County; approximately $20.00 per year, based upon an assessed property value of $100,000.00. If transported by EMS Paramedics, an all-inclusive fee of $302.00 is sent to the patient's medical insurance company. Medicare and Medicaid assignment is readily accepted. The EMS Departments' total budget for FY 1996/97 is $ 7,515,000.00; one hundred and twelve (112) full time and twenty five (25) part time EMS Department colleagues serve the community of Collier County Caring for victims of medical emergencies and traumatic accidents is not the only service EMS Department Paramedics provide to community members. The EMS Department provides a minimum of forty-five "Community EMS" events each month; the Paramedics meet wilh community members, determine what their needs and/or interests are and develop a "Community EMS" event for them. Types of Community EMS" events include accident prevention programs, 12 lead ECG screenings, obstructed airway maneuvers for restaurant workers, and hypertension screening provided to school children, civic organizations and any other interested members of the community. These programs are provided at n_go charge and are scheduled at the community°s convenience. Paramedics also provide cardio-pulmonary resuscitation (CPR) classes for a nominal fee that covers the cost of textbooks and materials CPR classes maybe scheduled by contacting the EMS Department CPR info-line at (941) 434-5160. The EMS Department Paramedics are also trained as basic firefighters. They work cooperatively with the fire department within their Emergency Services Department and also with the independent fire departments in the event of a fire. Utilizing existing resources to enhance emergency services for our community is a goal of the EMS Department. To achieve this goal requires a commitment to cooperation by the various emergencies service agencies. The respective fire departments of City of Naples, Marco Island, and Everglades City joined in a partnership with the EMS Department to achieve a single emergency vehicle response to medical emergencies. In lieu of a fire truck and Paramedic vehicle 16D2 Attachment A responding to medical emergencies, the Paramedic vehicle responds staffed with two Paramedics and a firefighter. This partnership reduces the number of emergency vehic!es responding to a single incident and thus reduces the risk of accident and/or injury to our community members. This program also maintains a rapid response time to the 911 medical emergency and reduces the cost of operating large and expensive vehicles. The Collier County EMS Departments' mission statement: "To provide' world class' patient care and service to the community in an efficient and effective manner." Highly skilled and trained, EMS Department Paramedics' risk their lives to provide "world class" emergency care to victims of illness or injury utilizing standardized medical protocols, equipment and techniques. The EMS Department values the lives that have been entrusted to them and considers it a privilege to serve the emergency service needs of the community. Collier Counly Govt. Complex Bldg, - J 3301 Tamiami Trail, East, Naples, FI 33962 Telephone (AC 813) 774-4434 March 18, i 997 State of Florida EMS OFFICE 1317 Winewood Blvd. Tallahassee, Florida 32399-0700 Dear Grant Committee: The Collier County Sheri~s Office is in full support of Collier County Emergency Medical Services Department grant request for the funding ora Community Automatic External defibrillator program which includes placing these units on law enforcement first response vehicles. If the grant is awarded the Collier County Sheriff's Office will be participants in the program. -..~_, ..~.incerely, J - Don H~ntet;, 'Sheriff' Collier Cnuhty, Florida DH.'jab'.jhm cc: File - grant file WE SUPPORT WE SPONSOR THE FLORIDA SHERIFFS YOUTH RANCHES A home for needy and worthy boys and girls. COLLIER COUNTY JR DEPUTY LEAGUE COLLIER COUNTY EXPLORER POST $64 INC. 1602 Police & Emergency Services Department 355 Goodlette Road. North. Naples. Horida 33940-5882 March 14, 1997 Dear Grant Committee: The City of Naples Police and Emergency Services Department are in full support of Collier County Emergency Medical Services Department grant request for the funding of a Community Automatic E::ternal Defibrillator program which includes placing these units on law enforcement first response vehicles. If the grant is awarded, the City of Naples Police and Emergency Services Department will be participants in the program. Sincerely, Kevin J~osk, Chief Police and Emergency Services KJB/bek F~.EA~; OF gM~GENCY MEDICALSg~VICF~ 16D2 Howell, M.D.M.P.['[. March 13, 1997 Jo~ge Aguilera. Traimng Commender Colrmr County EMS Department Building 'IF. 3rd Floor 3301 E. Tamtarnt Trail Naples. Florida 33962 I~ar Mr. Aguilera: The state EMS rnatc~ing grant applicat~n draft ttmt you sent and thai we discussed, is a : Droject to place defibrillators throughout Collier Counly, including in vehicles. This project would involve law enforcement agencies and other first respon0ers and organlzat~:~s. The new state EM3 grant book. October 1996 edition, on pnge 31 requires a waiver to authorize an organization Io apply for a state EMS matching grant to provide services for ar,other oronntTation. As state EMS matching grant manager for Collier County, I hereby provide that waiver so that you may ~::lude aiJ other organizations in the grant application for the placement of defibrillators in Collier County, contingent on those other organizations providing Iheir written consent to be ~nclu0ed unUer the applical~on. Responsibility for the entire grant ',viii remain with Collier County if the project is ar)proved and funded. Let me know if there are any questions or if I can be of assistance. Sincerely, Alan Van LeWen Health Services and Faolitles Consultant 2002-D Old St. Augustine Rosd, TallahaAsee. FL 32301 ~rch ~, 2997 soctaaoa. j ~oTge Xgu~Ze~' Training Commander ~ergency Ned~c&l Services Depaz~ent Col~le~ County 3301 g. TamLem~ Trail, 81dg H-3 Napleo, FL 341~2 Dear ~. A~ilera: T~ank you for sharing your grant rs seal' a co_ma_un/fy AZO pro ram. P P_ for funding of facilities that S--~- .___~our plan equ£p law enforce~[~ ~[~-~r.°uPo az people and to type of program the JU~er4---., ....... exucCly ~e ~ .......... ~ s~qnxz~cant~y ~mprove eurv~--- - ....... eve~ zng~ation, the attach~ H~.~,._, ...... or. your_ posl=Lon on ~e ~eed to expand access to de in the way you are proposing. After reading your plans with much interest, I am pleased to add my support for your grant application on behalg of the A~erican Heart Aasoc/at/on,s Automatia External Defibrillation Task Force. Good luck in obtaining the fume to carry out our ro keep us Informed as . ....~ ..... ¥ p Jec= and please ~" '~Y p~ogrelBes. Si · , 1602 AHA Medical/Scientific Statement Task Force Report '*------'-'-- 16D2 Public Access Defibrillation A Statement for Healthcare Professionals From the American Heart Association . Task Force on Automatic External Defibrillation Myrun L. M, cINfk'ldt, MD; Ch, kman; R~'~ard I~ Ketner. MD: R. Pat McGotdr[ck: .~fthar J. Mo~. MD; Graham N~d*ul, MO; JG~'ph P. Oznalo. MD. David O. Palmer. £.~: Bm, bari RtcgcL DNSc: and S;dncy C. Smitl%. Jr. MD DvfibflUdt,on. Thc l,,k for~ wd~ char~ *ilh n~ly u~ of 4ulumaliC ~mlcrfldl dchhrffldiun, dfld incr. ~,nl cvaluafi~fl ~ thc lem~b,l~(y and dc~.~,l,f, ,,f Ih~mr ~ ~ hculthcdrC Pr-~c~ils m~ t~ I.~y ~lic. dcflhrdlafi~, ~s h~ld ~n Wlnhinth~n. DC. ~urc Ih.m ~J ~nn a~Icn~d, rcp-~ntinl hca:lh~lrc pr(,f~ion~. Im~. and Ih~ ~cdrrtl gc~crnmcnt. rc~u~ch. ~lic end pre/c.ninnal cducalmn. I~c ,cf, r~. F~,lh~inI Ibc gen~y cardidC cJfC. wrtq~ ~hi~ ktll~menl. dppr-vcd ~ Ibc AHA ~,~rd Early ~nlnfldct ~rdi,~pulm(,fl.~ rc~i,,t.,n (CpR) · U~val ~)( d~ult ~JClim~ ul ~ud~n ~rdia~ drrc~l AHA ~ap~rt~ c~urt~ lu r4Pid ~cllhrill,tt,m. Ih public .CC~ dcfihrillnti,m, thc acce.~ble tn thc ~mum~ ~ AlIA ~li~ ~ INll this ~ thg nCXl ~tp :n *lrengthcnin~ t~ ~hm~ ,)f ~u~nal, Public ~c,~ dcfib~lfdhun w~. ,n,o:vc cun~idcrxhlc ~l~h~. E~cflc~ ~ttdl~ sucicIdl :hnngc and will .,mccccd italy thrUulO] thc c~drt~ Uf thc ~lA and ulh~n with a ~)mmifmcnf Impm~ng cmerjcn~ cdrdeiC cart. ' Performance ut dc~hnllatiun ~ laTrcr,un~ al dna ~ flrc~ghtcr~ ~c. ~CUfity pe~,nncl, and n,m. phy~c,mn cate pr~widcm in thc m,,t,c external dcfih[illatm, iff rural ct~mun,f,c~ .,nd ~e AHA cnn 3lq~ play a major rolc ~ that c.c~ dj) dffcct~ II~N~ ' ~uri~ that c~cl~, cMtrcnt ~JNh ddh, u~d t~ guide 'mplcmcntatmn ~)f thc~ ch;mgc, m ~.,. h~rmancc ~nd Ic~hm~ of CPR · Wutkl~ w~h ~dl~l mmnufdctuecm, k.B,~l.m)~' Urtmdcr unc .f aut~ut~ catcmal dcRh,ltnf,r, ,ht,uld ~,~u~e and ~l~u~lJcatiu~. Mcimngful chmng~ Mil ~uf ~l) ~Jth thc ~r,,,,d Ackno~ed~entl Anlcr~ar Red Cr,~. s~ Am(r~n MeUi~: An~m.mtion; Al IA C~m~t~ ,?. Cl,a~at Cnr~,~. Card~a~'jkl, cd~ in t~c Yt,ung: (~c C'fti~m CPR F,~nd,f;,~ ..nd Ih~ N~tlh API~i~O ~Kicly ti( PaOnI and E~'tr.rh~k,l.,~. ~,1 IA MC4~Cd~CI~nI,(~ Sm~:m~ntq tO TDT~_ !6D2 ' February 18, 1998 Grant Committee 1280 San Marco Road Marco Island. Florida 34145-5011 Dear Grant Committee Members: As chairman of the Emergency Service Department Citizen Advisory Committee. I am writing this letter to offer our complete support for the matching grant applications submitted by the Department of Emergency Medical Services Department. As a group of citizen we support the proactive approach to finding alternative melhods of funding program which truly enhance the delivery of patient care in Collier County. Sincerely, Bob Laird. Chairman Emergency Medical Services Advisory Committee 160.2. EMS Matching Grant Application 75/25 Percent Form Office of Emergency Medical Services Florida Department of Health and Rehabilitative Services ID. Code (Assigned by the State EMS Office): M Organization: Collier County Emerqency Medical Services Depadment Grant Signer Name: Barbara B. Berry Title: Chairman Mailing Address: 3301 East Tamiami Trail County: Collier City: Naoles State: Florida Zip: 34112 Telephone: (941) 774-8459 SUNCOM: Contact Person's Name: Joree ARuilera Title: TraininR Commander Mailing Address: 3301 East Tamiami Trail BuildinR H City: Naples Stale: Florida Zip: 34112 3. Legal Status of Agency/Organization ( Check only one response). (1) ['"] Private Not For-profit ( attach copy of IRS's 501 (D (3) lelter or other legal documentation of this status) (2) r""] Private For- profit (3) ['-'] City/Municipality (3) [~] County (5)[--] State First Responder' If you are a first responder organization, you must attach a copy of,your MOU with a licensed provider. If you do not have a MOU, attach documentation that you made reasonable efforts to get one, that you operate cooperatively with providers, or that you requested but did not receive a response from the providers in your area. 5. Your Fiscal Year: Begins 10 / 01 Ends 09 _/30._~. 6. Your Federal Tax ID Number (nine Digits): VF 5 9 6 0 0 0 5 5 8 7. Identify the one EMS state plan objective this project primarily will accomplish in whol? or part: 8. Research Projects Only: · , , If this is not a research project skiP this item and proceed to the next. If this is a research project, attached at the end of the application concise statements of the hypothesis, design, method, instruments, methods to protect human subjects, and limitations of the study, Also attach research instruments, forms and a bibliography of other relevant studies. Major Work Activities and Time Frames: ! _Activity 1) To develop specification 2) To prepare and bid equipment 3) To equip and train all identified user Number of Months After Grant Starts 30 days 60 days 6 months IJqofe: (1) You .mu$1 follow your schedt~le ff gran! awarded. (2) You musl juslify in this application your lime frame if your project will exceed 12 months ..... 10. Background: (1) describe your organization, its activities and responsibilities, and (2) how it relates to other EMS organizations in your area. Also provide, (3) date you first began operation; (4) your annual budget; (5) the number of your full and part time employees; and (6) your quantity of vehicles and / or other major resources. The ,Collier County Emergency Services Department is comprised of the Ochopee Fire Dept., Isle of Capd Fire Dept., Helicopter Operations, Emergency Management and the EMS Department. The Collier County Emergency Medical Services (EMS) Department, is a single, fully consolidated agency that provides Paramedic emergency medical services for approximately 200,000 community members residing in the City ,of Naples and the vaded areas of Collier County including. Golden Gate, City of Marco Island. North Naples, East Naples, and Immokalee. The EMS Department was established in 1981 by the Board of County Commissioners and was recognized by emergency physicians for achieving the most successful cardiac patient outcomes of any emergency services in the, entire State of Florida. I i:::MS Department Paramedics responded to almost 26,000 91'~'~nedical emergencies in 1997; a :twenty-six aercent increase since 1993. There are fourteen .EMS Department stations located throughout the 2032 square miles of Collier County with P~lramedics a~hieving a median response time of 4-6 minutes to medical erri~lgu,~cles in the populated areas~, Transportation resources include twenty two advanced life support vehicles and an advanced life support helicopter, and five ALS first response vehicle staffed and administered by 121 full time employees and twenty five part time employees. The EMS Departmenl provides mutual aid to the surrounding counties of Lee, Hendry, Glades, Dade and Monroe through written agreements You may allach one additional page. if needed, to complete this item. 1 6D2 11. Project Description/Justification: Describe and justify your project, Include: (1) the current and projected number of persons who will be served directly by this project, and quantify what adverse condition of theirs the project will impact upon; (2) lhe involved geographic area; (3) the source ts) from which you obtain your data; and (4) the time frames of your data. Collier County Emergency Medical Services Department run report data shows that since 1993 there was over a 26% increase in 911 calls for serwce in Collier County. Collier County EMS serves a population of approximately 200,000, and a geographic area of 2,032 square miles. ThE population in Collier County is expected to increase 32% in the next five years. This project woul¢ entail the purchase of 25 data collection units, ear marked for the express purpose of collectin(. patient data to be used for the Stale trauma registry, Stale minimum data set requiremenl informahon The collechon of data will play a critical part in the future development of the Emergency Medical Servtces Profession as a whole, including the enhancement palient care lreatmenl prolocols and quahly ~mprovemenl. In a society were management by facts is the rule instead of the exception The collechon of this crilical data is a necessity rare than a luxury into days and age 12. Stale Grant History. Briefly descnbe your current and previous slate EMS matching and county awards for at least the past three years Explain why this application does not conflict with or duplicate lhem If you have had no prewous granls, state this fact. In 1994 the Collier County Emergency Medical Services Department was awarded three (3) granls 1) 12 lead monilor granl 2) Ped,alric Car seat 3) Protesslonal Educalion In 1995 one (1) matching grant was awarded 1) Helicopler Safety granl The grant program's lisled above did nol address Ihe enormous importance o! early inlervention in Ihe selling of a )atienl sulfering from sudden death You may attach ,one additional page, if needed, to complete this item. 13. Provider Coordination (1) If your service area has a regional EMS advisory council, attach from that council a letter commenting on th~s proiect. If Ihere is no council, attach a letter from at 'least one licensed provider in or adjacent to your service area commenting on this project, or documentation that you requested the comments. (2) Include a letter of support from all other agencies that will be directly involved in this project. ,,. II,,U~llll I ! I I Ililll I II III IIII IIII II I I I I I PELICAN FlAY ADVISORY COMMITTEE JANUARY ?. 19')g 1 Ill Coastal Shore people, who ;irc .,,our people tllat deal wiih marina calculations, crc. and they wan! some engineering kind ofstuffin lilt file. Wc arc providing it. When wc agreed to do Ibis, it was a week lo ten da>s that it could bc done and Ih:n mis October 23 and was not really a problem to mc. Okay. if ~vc can gel il done and x~ilhin your budgcL key up your compulcr and go after it. Well we am Janus,' 6 [~ay and ~c do not have il and i1 has cost us that amoll~l[ oF lime. I have a high degree of reset for Mr. Tackncy's credentials as a coaslal engineer and has added lin enormous value to what we are a~ut and has been fl~oughthd, masbc to an cxlrcmc, but I can't bc critical of that. As a rcsull of that wc have a better product and a better chance for success, but wc have lo get lhis nail into thc coffin and is ve~' fnlslralmg Io all of us. Mr. Wcrncr asked if Mr. Tacknc> was ~orking on an hourly basis or a lask basis? Mr W;ircl rcplicd Ih:H lie is hourh' %~illlil~ I;Isk i~clns. Mr Wcrncr asked if Ins clock was ticking? Mr. Ward replied in lhc affirmalive. Mr. Wcrncr slalcd Ih:it he th~ll has no incentive lo wrap it up. Mr. Broxvn stated that assumes a lack of imcgrity which I am nol x~illing Io accept. Mr. Wcrncr agreed, Mr. Bro~n staled Ih;il oil Ih:il basis xxc ~votlld all be slanding here t~'ing Io milk the cow for allOlhcr }'car. Mr Bro~vn continued tll:~t he is fmslratcd. This is thc Ihing Ihat is keeping us from gclting us Io ~hcrc ~vc ~anl to gel Io. These things hang by tenuous fl~rcads. I don'l think our fl~mads am frayed, at risk of ~ing cut ;md riffling, bul I want Io get it closed as you do. Mr. }[o~t slalcd lhal hc hears that Ihcrc is a sho~agc of reuse water and my undcrslanding is Ihal lhc5 h;n'c cxp;mdcd tim Noah Trcalmcnl Plant and closed Pelican Bay. During Ibc season they do no[ know ~ hal to do ~ itl~ all of the ~vaslc~valcr and ;Irc concerned about having Io dig a ~cll for dis~l, then they go d~' in May and June. Mr. Bro~n slalcd that is nol dirccth' related Io Ibis issue. Bu[ ii is ~'mptomatic ora problem Ihat fi~ccs all of Florida. especially portions ~vhcre flmrc is vc~' hea~3. gro~lh pressure. Your grm~lh hem is 2795 PELICAN BAh' ADVISORY COMMITTEE JANUARY 7. 199g 1 6H1 {! considcrably tnorc scasonal Ihan in pl:lccs likc Orlando whcrc I nm from. Tha! is prell)' much ycar round. I do not know all of thc ansxvcrs to that. ! only know that as I tO' lo stay ab~ast of Iht wmcr issues, it is d~c dcfining issuc in Florida as wc go ronvard into d~c millcnnium and ~yond. Evcn in Collicr Couns' as lhcy slmgglc 1o dcfinc Ihc urban sca'icc boundaD', those arc all dircclly and indirectly rclatcd to water and nalural rcsourcc is~ucs pcoplc arc dc:ding x~ilh in thc con[cxl or groxvlh. I don'l know anybody has all of Iht ansxxcrs. Whcn xvc first wcnl lo thc County and ~crc blindly i,, tl~c inilial slagcs of this pr~css. tire,king abont xx hv don't xxc just curtail somc of what x~c lake from Iht County in our ~'slcm. they didn't haxe a problem x~ ith thal. Would they have a different outcome Ioday based on what you are lelling me. I do riel know. Matbe Ihey would insis~ on >ou disposing of your share, xshich impacts some of the analysis ~'ou i~re gelling ready 1o do in Ihis study. Those are some orlhe lhings you are going 1o need to look at Io see ho~ fl~ey imp;mt II~e ~'stem Io see x~hat you can and cnnnol do as you work your through th;ti. Firsl. I think it is impo~:ml th;it you do it and certainly impommt under the terms of the pcnmt, but more m~po~:mt than that. I think ~ou will be su~rised that there will be some obvious things that xou c:m do th:it will satisfy' Ih¢ agencies, improve th~ working dynamics of the commtmity, will money and hax¢ no affecl on the quality of life or the way you live with your plant material xdthin the COIlllIIIIIIiI~' Nlr Itoxt si:lied Ih;It It ts almosl 'ds if they are pl;l~ing games with tts Mr. Broun replied Ih;it there are a lot of games in Ihis. One of the things they wrole back in Notice of Intenl No 4 and i am coax laced came from the Endangered S~¢ies people, not Mr. Bray in that we have three disposal sites fo d~al with cuts 1. 2. and 3. Total cumulative disposition of three of Ihos¢ cuts is less than 5.000 cubic ~ards and any one of Ihos¢ sites ts more than capable of taking all of it. We have identified those sites in relationship to reference monuments that the State has in place along the coast. I get back in the request, which we are not going to do. a request thai we go out and identify to the Io~¢st degree of fauna and plants :lad draw lhenl to scale. The In,th of Ibc t~attcr is that xshat we going to do ~hen ~ g~t to Ih;ti slag¢ of the process, thc locations ar~ staked and the agencies can out xs'ilh us and if they want to mox'e them I~)' this x~'ay instead of 10' that way. ~v¢ will move il. ~t pan of the g:m~csm:mship and the stuff Ihcy like to do. We Is:we reached the point xs'here xvt are not going 2796 PELICAN BAY ADVISORY COMMITTEE JANUARY 7. 199."1 16(31 to do any more. or VOle it down. Inalcri:ll. Wc :irc going to provide Mr. Tackncy's data. Icll them that is all there is and vote is up I am going to tell Mr. Bray x~c arc not going to play gaines at that level on Ibis kind of Mr. Fl;mo asked Commissioner tlancock's feeling on supporting and parlicipafing in this future mainlcnancc program'~ Mr. Brow n replied Ihal his sugg~slion was lhat since Ibc Cotmly had n historical relationship Io thc re;milCh;II,CC of Iht ntaill pass ar¢;i, they would perhaps bc xxilling lo share Ihal cost in an ongoing m;~mlcnancc capacH) and tha~ )ou folks would lake on thc rest off it. Th;it is a huge win ~causc that is t~lscrc Ibc real mon~x is m Ibc COIllCXI OF long term mainlenancc oblignlions would ~ for Ihis project. Thc Scagal¢ culxc~s if inslallcd correclly, oughl lo I;lsl xvcll beyond our Ii,climes. Keeping thc small channel culs ii1 Iht upper bays cleaned up is a rclalivcly diminimus task which should not ~ required Io be looked at ag:tm for any ~riod off lime in Ihc fim~rc. Thc shoaling polential from s~o~ ~'cnts and ofl~cr kinds off fl~.~gs on Ihc main channel is xvh~rc ~vc~'body's focus will bc in terms o~ measuring of x~hcthcr x~c go back in and lake some more sand out ;It ally particular point in lime. Iff in fact Ibc Count' x~crc x~flhng ~o s~cp up ;md participate or assume Ihal responsibility. I Ihink you would call Ihat a home Rln. DISCUSSION ON ST. RAPllAEL SITE PI.AN CONSTRUCTION Mr. Ward explained Ih;Il SI. R:q)hacl is one of Iht final buildings that will go in that is adjacent Io our road Ih;Il provides bolh xchicul;ir ;Icccss for emergencies and pedestrian access by residenls to our berm m what x~c commonl~ refer Io as Syslcm Ill. In order Io conslnlct SI. Raphael, that area become extrcmcl) light I~r con$1nlcliotl pu~oscs and as a result of Ihal the developer [las provided Io us a plan th;:t xsould allow for consln~clion on Ibc site, but still ullimately maintain vehicular access for emergencies and also ~dcslrians Ihrot~ghout the consln~clion period. We have a 30' wide easement in that area. It straddles 25' on SL Raphael site and 25' on Ihe SI. Armands site. Whnt we are going to ~ doing ~s n]islng Ihe elevation of that road up Io thc finished first floor elevation of those buildings. They ~ill consln~ct thc lO' wide palh in the middle of our easement from asphall and will also stabilize the balance of 20' of the cnscmcnl at Ibis point in time, on the sotHh side Io allow for vehicular access to the 2797 PELICAN BAY ADVISORY COMMITTEE JANUARY 7. 199g back or ihc bcrm road Bcca.sc of Ihc slaging that is rcqt,ircd. Ihcy havc asked if thcy could do some of lhcir conslnlclio{i parking on ~l~c SI. Armands site and Ihcn provide for a mechanism for Ihosc vehicles Io cross th;it arc;] periodically. Wc Imvc provided one vchicular access point for thegn to do that which ~s'ill allow those cars to cnlcr from Pelican Bay Boulevard and park in Ihis nrta. During thc times Ihat tho' will bc bring,ag parking in and otlt. they will have people or signagc at this I~ntion to control that acccss. There is also a er:mc tlmt x~sll bc required lo bc moved on thc back of thc site and they have provided an additional access point that will gated such that you will not bc able to tmn~'crsc ~t constanlly, that ssill :,llox~ that crane to move in and out. Thc site will ~ completely fenced ~nd they ~sili provide signage along Pelican Bay Boulevard which will bc tcmporaD' and provide rcsidcnts thc mute that they will ~ able Io ttlilizc to xvldk that p:llhway. They covered a portion oflhc cascmcnt !o allow rcsidcnts to walk in thc Ioc;llions xs hcrc thc cranes xs ill bc x~'orking lo provide safety for Ihc rcsidcnts. Mr. Ward confirmed Ihal x~c get a Iol of qucslions in thc o~cc aboul Ibis particular area because ,t ,s under conslrttcllon all thc time. I think Gulf Bay did a super job in coming to Ihc plalc with this kind ora plan to allox~ for access I thought )ou would like to bc asvarc of ~vhal is going on in that l~ation and I s~anlcd !o sec if )ou had any addition:d inpul into this particular plan that might make it caster to provide pedestrian access for thc residents because I know Iht developer would bc willing to do whatcvcr is reasonable in tcrnls of providing that additional kind of access. That is thc plan and if it is acccptablc to cvcD'onc it will bc implemented as pan of thc construction of Ihc St. ~tphacl on thc front side of thc constn~clion x~hich is whal I was looking for xvhcn it comes to providing ~dcstrian acccss and constn~cting that berm to a level tha~ would allow ~ItCr acccss to Ihc berm. Thai access is rclalivcly Iow righl now. floods vcD' easily and is pretty much a mess at Ihis point in time. With lhis plan it will raised Ihc elevation Io finished floor clcv~lion, gel you an nsphall sidewalk going back Io il and slnbilizcd ama for vehicular access for emergency vehicles. Dr. Varlcv asked x~ hal Ihc finished cnscmcnl will look like? Mr. Ward replied Ihal il will bc in Ihc same location and when finished Ihc asphnll pmh will slay Ihc same. Ihe concrclc crossings Ihal go in will come oul and paved over wilh asphnll. ~lO' lmx~ a lnndscnping plan Ihnl will bring up Ihc balance of Ihal 50' c~scmcnl area and sod and plant Ibc ~sl of it 2798 PELICAN BAY ADVISORY COMMI'VFEE JANUARY 7. 199g It will be a prctty planted arca ~hcn it is complctc. It will be a 10' wide sidewalk with a 20' ~hicular access Io linc sou[h of il.. Mr. Mudgc stated it is going to be a tra~c jam at 3:30 P.M. Mr. Ward replied that it sure is. bul belier Ihan thc allcrnalivc. Wc were looking to get il inlo a shape where it is useable during thc eighteen months constn~clion of St. Raphael and I think this d~s that for 5ou, much belier Ihan ~ hal you have no~v. Mrs. Oblcy ;~grccd saying flu~t thc fence and covered area would protect some of thc dcbfis lhat might be bloxving whcn thc cranes arc operating. Mr. W;~rd replied Ih:il they arc going Io rcncc not only the property lines, but thc cascment lines also Construction personnel and debris will not fifil over into Ihal casement area. It will I~k like a long narrow palh for ;~cccss fight now. Mr. tlo~'t asked if the Noah N;~plcs Fire District and SheriWs Dcpanmenl approved of this plan.'? Mr. Ward replied that Ihe ShcriWs Dcpanmcnl has been talked with, but ~vc have not talked with EMS ;md I do know Ih;~t ~xc lulx'c asked Gull B;~y to submit it to thc Noah Naples Fire Station to make sure they were h;~ppy ~ ith this kind of access. This is acl~lally better access fl~an ~hnl lhcy havc now. Mr. H;~sson askcd ifxxc h;~vc ~o approve this rot Ihcm Io do Mr. W;~rd replied th',~t no )ou do not. Mr. Young stated th;~t xvt have an casement here and wc do have to approvc it. We formally have to approx'c it m order for lhcm Io be using Mr. Tom Brox~n sl;~tcd Ilml this is a guy th:~t wants to go 250' in height, tear up thc median and ~ughl some ofll~c berm From WCi and did cvc~lhing hc could to hold on 1o il. I Ihink he would like to conlribulc some money Io Ihc m;lngrovcs. Mr. Ward replied that he is contributing significant money to the mangroves. He has ~ughly 700 undcvclo~d units in Pelican B;~y Ihat he can build, to which he has been paying thc $86.00 ~r unit ~r year Mr. Tom Broxvn rcphcd Ih;il hc mc;mt over ;md ;~bovc Ihal contribution. 2799 PELICAN BAY AD\'[SORY COMMI'I'TEE JANUARY '7. 19'),g 16Gl Mr. Wcrncr stntcd this is a significant improvcmcnl. Mr. Ward replied Ihat irrespective o~ ~hat hns hap~ncd in linc past, hc reels this is a si~ni~c~nl contrib~ion. There ~v:ts no rcqmrcmcnt in thc development approval pr~css Ihal this ~ conslmctcd on thc from side of II~c development. I specifically lind called [he developer because of tl~c complaints that wc have gotlcn this year and Ihc co111111ci11s [ had gottcll [rom thc Advisor, Commillcc on that front sidcxvalk and asked if Ihcy could come up xvilh a plan Ihal would improve this berm road at this ~int in lime xcrstls al Iht end of thc development phase to conlinually provide resident access and ~llcr emergency vchlctdar access I think Ihcy came Io thc plate with a good Nlr. Yom~g si;tied th:it if there nrc gates on thc crossovers, how do we get thc cmcrgcno' vchiclcs to thc berm? Mr. Ward replied Ih;il thc gales arc not cas~west accessed. Thc elcvalion will be raised to the finished floor clcvalion and will not be a ditch. You will go around thc covered area and not have to access IbC gates. Dr. Varlcy slated that thc access off of the street does lIOI appear to be Mr. Ward replied that Ihe driveway is in thc easement area and has alrcad)' ~en rai<d. ~c balance of Ihe access road will be raised lo the cxisling elevation. Mr. tlasson asked x~ hose rcsponsibilily it is Io maintain Ihis road and xxho is liable ifa pedestrian is hurl7 Mr. Ward replied Ihal thc undcrl.~ing fcc lille of thc property is Gulf Bay, so whatever tile dcvclopmcn! interests name ts has thc fcc title. We have the casement over it for purposes of water managcnlcnt maintenance access lo il and we have continually tried to allow access by residents. I x,,'ould assume if somcol~c gels hurt, they are going to go after [hc developer, lhe County and Pelican Bay Sc~'iccs Division The mamlcnance of thc road is thc Pelican Bay Services Division's responsibility. Mr. Young slated Ihal some of this property has been deeded to Ihe Foundation so they are also involved. Dr. Varlcy stated Iha[ we have a 50' eascmcnl, btll thc driveway lakes up part of that casement. then xvc don'! h;ivc a 50' casement. PELICAN RAY ADVISORY COMMITTEE JANUARY 7, Mr. W;,rd replied that you have a 50' casement. If you look at thc alignment of the dfivc~vay it was inlcndcd to alloxx for vchictfiar access at thc completion of toast.trion of the I~'o projects. We left tl~c alignment. You have 5o' out there righ~ now. but )ou don't know thai becflus¢ yotl don't ~ it, You see a xxhatcver thc width of Ilml walkway is right now. An emergent' vehicle will come in lheir emmnce and contim~c to drive on. Mrs. Oblcy stated that Water Park Place is contemplated Io be a gated community. Mr, Ward agreed, stating that il wo.ld be gated after the t.rn. Mrs. Obley slated Ihat she would be happy to gel the constn~ction cars offof the road. Mr. tVer.cr moved, seco.deal by Mrs. Obit,), und approved on a vote ~ 11/0 to ~pprove this phtn us presented ~r vehicuhtr and pedestriu, access by St. Raphael prior to cons?ructlon and the crossovers attd overheud protectlo. .'ill be removed at the time of complc, tio. ~f the 37. Raphael prt~ect.. Mr. ~'res oh.~'tained from voti.~,. Mr. Young stated Ill;~l il is important that this be done by the completion of SI. Raphael ~cause ~xc do not know when thc next phase is ever going to be developed and wc do not want our access road jeopardized aaaTM for thc completion or Water Park Place, Mr. Ward agrccd That was onc of thc issues we had when wc were rcvicwing St. ~aphacl. Mr. Flatto stated that he has bccn in insurance for 45 ycars and why couldn't thc condition ~ placed on lite developer for any liability if there is a catastrophic situalion. Why should the Foundation or Pelican Bay Sen'ices be responsible on these prcmiscs? Mr. Ward replied flint if you arc going to provide ~dcstrian access through your water management casement, xxhich it is your Waler management casement, by virtue of that decision, you take on that Imbilitx The onl5 xvav Io waive that liability is uot to allow the access or gate it. if you do it here you are going ~o cad .p doing it all along tl~e berm and that is not a feasible decision. Mr Wcrncr asked for clarification p.~oses if they are going to pave this. raise it to fl~r elevation, slabilizc 25' to lite south of it for vchicul;~r tra~c and do it prc-constn,ction and a~ going to takc out il~e concrete crossovers and overhead upon completion ofconstn~ction of St. Raphael? Mr. Ward agreed. 28Ol ..... III ..... IIII I II III IIII - PELICAN BAY ADVISORY COMMITTEE JANUARY 7. 1998 16$1 Dr. Varlcy explained that tile conslntction usc of Ihis access to tile berm would end al thc completion of tile St. Raphael Mr. Broxxn stilted thal we never get a decision from T:lllahassec in one day. it lakes monlhs. Is Ihere something else that is going Io come up on this. Mr. Ward replied Ihs! he could not think ofan.x thing. Mr. Broxvn replied Ihal we should think a liltl¢ harder because Mr. Young came up x~,ilh something else. Mr. FI;mo asked if there was going lO be an update with regard to Gulf Bay's request to a PUD A nlelld lilt Ill? Mr. Wi,rd replied Ihat your Agenda Package conl;lined a cop.',' of a Icllcr lo Collier Count).' from Gulf Ba.,,' and WCl x~ ithdraxx lng their Petition Io amend tilt Development Order. so that is a dead issue. COMMITTEE REQUESTS BIKE PATll PUBI.IC IIEARING Mr. Wcrner asked how the Bike Path Public ilcaring was going to be handled'? Are vs'e going to be here ils a Corem;lice7 Dr. Varlcy staled that it was his understanding that ,~vc were asked some lime ago that if we were going to do this. at thc request of Ihe County, we should have some kind of Public tiearing. I x,,'a$ assume Ihal ils many members of the Conmmtee as possible Will be here. My understanding is that we will be happy Io listen Io am,' comments, pro ;md con. and when they are all done we would not make a decision Ihen. bul ildjottrn lite meeting At onr next Rcgnlar Meeting, we xVotlld then vole on the issue. Mr. Wcrncr asked if we could have Ihe lildy from Wilson. Miller atlend Ihis meeting7 She made il vet)' good prescnlation. Mr. Ward Staled he felt thai would be appropriate. She is a brighl lady and her expertise in this area is beyond reproach. Mr. Werner asked if the SherilT's Deparlmenl would be Ihere7 Dr. Varlcy replied Ih;ti he had ~,,rittcn a Icller to LI. Karcn Strickl;md jtI$1 before Thanksgiving · 'lnd called her allcnl~on !o thc fact that Ibis ¥,as going Io come up and th;il ~e had some conflic, ting 2802 PELICAN BAY ADVISORY COMMITTEE JANUARY 7. 199,~ opinions from lite deputies :ts to whether it would bc enforced and could she clarify that. I have not received :tn ansxvcr to that letter. Mr. Ward slated their he would follow up with someone. Mr. Pires suggested lhal It cop)' of the correspondence should go to Mr. SchDa'er. fl~e ShefiWs attorney. Mr. W:srd si:ileal II~:~t he cannot do theft because Mr. SchD'vcr is fi~c ShcriWs attorney, but I ~ill direct il Io Ibc ~pproprialc people in thc ShcriWs Dcpanmcnl and if Ihcy want Io pass it on to his attorney. that is fine Mr Pitts asked for Mr Ward lo send him a copy otlhc correspondence and he will provide it to Mr. Sch~'x er. Mr. Mudgc st:ned that some letters have been received with regard to Ihe bike paths. Mr. W:~rd replied that we have abont five Ictlers and Ihe feelings are pretty even at this time. Dr. Varlcy stated that obviously thc Sheriff is reD' reluctant Io tnake any kind of a judgment about enforcing ~t and ! presume thc answer is that they arc not going lo enforce it. which to me detracts from having thc bike paths. Mr To[n Broxvn st;tied th;~t somebody said thc bic3'clcs do not stop at stop signs. I was at Bay Colom and six c;~rs came o,t of B;~y Colony and not a single one sloped. They all came to a rolling stop. I went doxxn to West Boulevard Otll of txvcmy cars. four slopped. I think ~causc of traffic and sixt~n did not come to a cotnplclc stop Bicycltsls arc not thc only ones that do not o~y lhc law. Dr. V~rlcy stated Ih;Il prcsum;~bly if thc police s:nv someone going through a stop sign they would be ticketed. [ don'l Ihmk lhcy do that with bicycles. PUD AMENDMENT Mr Wcrncr ;~skcd if i~ would scn'c any pu~osc for us as a Commiltcc to lake n ~sition. either pro or con. x~ hcthcr ~c ~licx c. if cvcn though thc Application has ~en w~thdnnvn, whether lhe~ should ~ addil~onal height ~ arianccs grained? 28o3 PELICAN BAY ADVISORY COMMITTEE JANUARY 7. 199g 1681 Dr. Varlay sl:~led Ih;~l v,'c had asked our Commissioner if Itc would help us Io ~ sure in thc [ulurc Ihat ii things like Ibis came up tirol tl~is group would have Ibc oppo~unily Io commcnl on il and 1 have ncvcr heard from him. Mr. Ward replied that Amcndmcnls to Dcvelopmcnl Orders in this State nrc considered Quasi- judici;tl proceedings at thc County Icvcl. That means thai when they consider thc issue they act in a capacity as judge ovcrlookmF that Dcvclopmcnt Order. To Iha~ cxlcnt whal thcy lislcn to in a Quasi- judicial Proceeding is fi~c tcsm~mny that is provided al Ilmt hearing rclmivc Io a specific application. Based upon Ih:n kind of tact. thc most appropfialc time 1o do flint is when you have a Dcvclopmcnt Order silting in ~ronl oflou lh;~l has a specific rcqucsl, you can cvnhmlc it's fi~clual mcrils ~nd provide lcstimony Io Iht Board (ff Cotlllly Commissioners bascd upon llmt ~3Cltl;ll information. Othcnvisc. tnking thc posflion al Ihis liltlc would bc premature and fl~cv would nol lilcrallv bc able Io consider Ihal during lha~ procccding. That would bc my rccommcndalion. MANGROVE BUDGET Mr, Warner sta~cd that xvc should stay on lop of Ihis Tackncy issue, both lime-wise and cost-xvi~. II is fine to say he is still within thc budgcL but if pan of his job is exceeding what he exacted to get for it, we arc going to pay for il in Ibc cad I do not know x~'ho, because xvt arc not dealing x~ith a single mam~gcr lika Dr. Varlcy and I xxantcd, but somebody needs lo stay on top of Mr. Ward agreed OAKMONT LAKE LIGllTING Mr. Poi>par slnlcd Ih:1l xxe really have to conlinne Io look nl the lighting situation. I know it is an on-going thing, but it is deteriorating Al some point xvt arc going ~o have ~o "bite thc bullcl' and get that lighting. Mr. W:~rd slated th:~t at tl~c Fcbnmn' or March Mccling xxc :~rc going lo make a presentation on tirol lighling. FRESIlWATEIUSALTWATER MANGROVE FLUSII1NG Ms. Kafl~y Whorlcy of thc Conscn'an~' commcntcd that with regard ~o Mr. Young's question about flushing, as far as thc Conscn'an~, is concerned, this is an environmental issue, nol a political one. ............. ,,.,n., [ [ III[HI ..... IIIII I Il I Ill Ill PELICAN BAY ADVISORY COMMi'TI'EE JANUARY 7, 1998 Mangrovcs arc a hcarLv spccics which is %~'l~a! you xvcrc Iold ycslcrday and whcn thc.,,' start lo gc! strcssld lhcv do not necessarily sho~ i~. When a mangrove dies :md .~'ou visibly sec it. it has gone on for a number6 G 1 of years and something h;~s tipped thc scale. thc freshwater Jtlptlt Fhtslfing ts imporl;inl. s)'Slcln is dcvclopcd to bcm brackish ,,rater. In Ibis case it was probably two major things, flushing and Thc difference is ~vh;ll yotl ;ire flushing ',~ilh. A mangrove Th;~t is why )'ou sec mangrovcs along co;~slal lines. You don't scca maugrovc in a l;~kc ~hich is totally frcsh%~alcr. You nccd a bahmcc ~lwccn )'our rrcshwnlcr inpul nnd your saltwalcr input and wlml you have right now is more ~rcsh~valcr, in our opinion, cnlc~ng lhan you should and have created an imbalnncc in thc s)-stcm and a lot o~ thc man,roves arc not tolerating this vch' well. Especially thc Bk~ck Man,rotc. Thc Rushin~ that will occur ~hcn you make thc cuts will allow ~norc s31t~atcr, but ~vc slill Ihink you nccd to havc somclhing done with your ~rcshwatcr input. Ms. Whorlcy cominucd Ihal with rc~ard to pre and post development input at Pelican Bay. dcvclopmcnl as you have rcad) ou arc ha~in~ an additional 26 inches or rain rail by your imgalion inputs. Which is 26 inches morc than )'ou would ~ct from yotir rainfall. That is a lot or water and not rain water but cmucnl which is loaded t~ilh nulricnts. When you pt~t that attach nut~cnt in ~'stc~n, they accumulalc in thc soil and can cause al~;tc blooms and a lot or off,er troubles Ihat do not dircclly in~ucncc Ibc mangrovcs, but thc systcm. ~ hich Ihcn inflttcncc thc man~rovcs. Ms. Whorlcv s[a~cd tirol in response ~o fi~c question about irri~ntion "improvements" would hun fl~c ~olr course appcarancc. I~)ou would look a~ Collier's Rcscn'c, they usc s~nn~ i~i~alion ~'stcxns which means tim; they do no; watcr ~vhcn it rains. They havc gnugcs on their ~'stcm which ~nosurcs thc nloislurc in the soil so Ih;il )ou arc I~o[ over wnlcring. Thai development is a lypical c~amplc ofwhal you can do ~vhcn you cut down )our fertilizers and you water more c~cicnlly which is what wc arc driving Mr. Wcrncr slated Ilmt Dr. Sncdekcr Slnlcd Ihat mangroves would Ih~vc in freshwater, which is conlran' Io ~vhal you arc saying The reason they grow in brackish walcr is thai they arc not a com~lifivc plant and Ihcy do not have compctilion in brackish xvalcr. Ms. Whorlcy slated tirol she bclicvcs he was talking frcshwalcr as ~ing mia water, which diffcrcnl from cmucnl. II illllml III 1111111 II IIIIIIIIIIIIIII I III II ..... i I' - III ..... PELICAN BAY ADVISORY COMMITTEE JANUARY 7. 199g 16Gl Mrs. Oblcy stalcd tirol shc has had a pot of m:~ngrovcs grooving for fivc )'cars and thc)' have bccn watcrcd ~ith ho~schold ~ a~cr. Ms. Whorlcy rcplicd Ihn{ i~ you put Ih;il pot oul inlo [Itc ~'stcm thc conditions ou~ fl~crc. Thc amom~l or frcshw;~tcr you ;~rc pulling in right now is mttch morc than you would scc in a n;~a~ml syslcm and Ihc timing is vc~ di~crcnl ground which ~ould h;~ppc~ ~f ~hcrc ~ns nolhmg hcrc, it would slopply makc i~s way into Cla~n Bay and tlmt ~rcol;~tio~] dc:ms it up. Whcrcas now )'o~ may havc an ;~btmdancc of watcr frown a hca~? rain and picks ~p cvc~'Hm~g in its x~;t)' ;md it goes in faslcr, It d~s gct slowcd doxvn by your bcrms. 'Mr. Wcmcr slnlcd Ilmt if ~c wahl to bc rcsponsiblc wc h;n'c to rcducc thc amount of i~gation ~vnlcr in thc ~OllHtttHiily, bt~ you h;~vc to undcrst;md wc arc only rcsponsiblc for Ibc common arcas. Ms Whorlcy st;~tcd shc undcrslands ;~nd wanlCd us Io undcrstand Ih;ti just bccausc you cut down on fcnili/~lion ;md ~;~tcr, )ou ;~rc no~ going Io Imvc a bro~vn golfcot~rsc. Th;il is not Ihc casc. Mr. W;~rd sl;~cd Ih;il lhcrc is no scicnlific d;tl;t Ih;ti provcs th;it Ihc quality of walcr coming off this dcvclopmcnl is dclclcrious to that mangrovc syslcm. As a ~natlcr of facl, iacs~clivc of thc dcvclopmcnl [Iml has occtlrrcd in hcrc, Ihc quality of thc xYatcr is cqtml to wlmt it was in thc pm- dcvclopmcnl sl;~gcs. Ifyott look al ~v;]tcr qu;flily of cmt~cm ~tatcr, it is absolulcly an tl~Hmc statcmcnt Ihal Ihcrc is ;t lot of lltllriClllS ill cmtlCll[ th;it x~ill h;~vc ;m ;dvcrsc ;~ITccl on Ih;~l CI;m~ Bay ~'slcm. !1 is just thc opposilc. When x~c xvcrc nmmng Ibc Pclic;m B;~y cmucll[ S) StClII, thc qt~;]lity of xvalcr coming from Ihal ~'slcm x~as bcllcr Hmn thc pol;~blc or raw walcr coming from thc grotmd. Ms. Whorlc)' askcd x~hnt )ou x~crc basing thc xv;ilcr qu;llity on? What is your dcfinilion of ~valcr qtmlity'! lV[r. W;]rd rcplicd ,']11 of II~c nt~lricnts, phosphorot~s, crc. All ofthosc things th;~t you normally tcst Nfs. Whorlcv slnlcd I1~;~! lhcy lcslcd for crnucnl on ;~ ~olf cot,rsc here bccal~sc thcy wcrc u$in§ it and ~l~c §russ was d)in~ and ~c Iold lhcm to ~c! oR'of it and Ihc ~rnss rccovcrcd. Mr. Ward rcplicd tlmt is no! a truc stalcmcn! in Pclican Bay and ncvcr was a true slatcmcnt, Tim! kind o£ misinformation is onc of thc problcins, Whcn you tn.' Io look al. this from a practical 2g06 PELICAN BAY ADVISORY COMMI'VFEE JANUARY 7. I pcrspcctivc Ihcrc ~s nothing wrong with thc way this syslcm works, Politically this is nn issue and I think Mr, Brown adcq~atcly and appropriatcly chnractcrizcd it. Wc ~ili do Ihc rcs~n~iblc thin~ and addrcss it. This is not an cnvironmcntal thin~ ;,s rnr ~s [ n~n conccrncd, Wc do put t~ much wetcr on our Cmsscs. thcrc is no question about that and we arc going to fix th;It. Ms. Whorlcy statcd Ihal cvc~avhcrc she gocs and d~s svatcr ICSling she has Io ~ny thc samc thing. If you think abo~ll il )ot~ arc fcrtilizing lax~ns and s~'l~cn no onc was hcrc you didn't fcnilizc. Whcrc docs all of that cxtra fcnilizcr go xvhcn it rains? Mr. Yotmg slated into our lakes. That is why our holding ~'stcm is inleflwincd. Mrs. Oblcy slalcd that when you spcak abot~t smafl irrigalion, wc find ~oplc that am ~novating their systems or arc slaning new arc using the correct sittmlion. The golf course will probably ~ doing that also xx'hen thcv nccd Io rcplacc Ihcir systcm. Yotl jusl can'l Icar out a ~'stcm Ihat is working and start all over again. AD.IO[IRN Thcrc bcing no fimhcr business, the meeting adjourncd at 4:35 P.M. Dr. Alan Varlcy, Chairman IF YOU.. M,~,K£ NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT T~I~'I~ '* You must disclose orally the nature of your conflict in the measure before panic/paring. · You must complete the form and file it within 15 days after the vote occurs with thc person r~sponsible ~hc me,:ting, who must incorpor~t~ the form in the minutes.'A copy of the form must be provided immediately to the o'. members of the agency, and thc form must be read pubt/cly at the next meeting aher the form is filed. (a) A measure came or Will come before my agency which (check one) -- inured to my special private gain; inured to the special gain of my business associate, ____j.~ured to the spec~! gain of my r~lative, whom t.a.~, retained: or ]nurea Io tile specia} gain ot is the parent organi:mtion or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Approve plan for vehicular and pedestrian access by St. Raphael prior to construction and the cross-overs and overhead protection will be removed at the time bf completion of the St. Raphael project. os" P Date NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIR DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWI? IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUC'I'ION SALARY. REPRIMAND. OR A CIVIL PENALTY NOTTO EXCEED OUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS MAILING ADORF. SS' / · [' ' ' DATE ON WHICH VO~ OC~RRE~ ~ME OF BO. ARO. COUNCIL. COMMIS.~ION. AUTHORrI'Y. OR COM MITT~E THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMI~ ON WHICT! ! SERVE tS A UNITOR ri cTrY ~/~OUNTY ri OT~ER LOCAL AGENCY NAME OF POI ITICAL SUBDIVISIO/~ MY POSITION L~ ' /i CI Iq' ~CTIVE ~I~"EA p POl,~rlTV E WHO MUST FILE FORM 8B 16GI ill This form is for use by any person serving at the county, city, or other local ]~,el of government on an appointed or e[ec:ed boars. council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who ar~ prtsente~ with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fo .r-... before completing the reverse side and filing the form. '. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from votin8 on a m=L~U:':. which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a mea~u~ which inures to the special gain of a principal (other than a' government agency) by whom he is retained (including the pare.-.: organization or subsidiary.of a corporate principal by which he is retained): to the special private gain of a relative: or to the special private gain of a busine~ associate. Comm~sioners of community redevelopment agencies under Sec. 1fi3.356 or !fi3.357, F.S., and officers of independent special tax districtl elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in4aw, mother-in- law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition, to abstaining from voting in the situatior~ described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKE?/ by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from votin~ and WITHIN 15 DAYS AI~'ER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OlZlZICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However. you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: · You must complete and file thi~ form (before making any attempt to influence the decision) with the person respomible fcr recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form must be provided immediately to the other member~ of the agency. · Thc form must be read publicly at the next meeting after thc form is filed. ~ ) ~.., ~ 16D2 Budget. For each type of position include the pay per hour, number of hours, and cost of each benefit. For expenses include unit costs (e.g. if rental give the cost per square foot). For equipment include the cost per item and quantity. Expenditures (Complete 25 25 ~anlities and Installation Data Collection Units '10,000 Pentium 120 mhz 24 RAM 2.O gig HD Hardware Installation Network Installation Cost 250,000 20,000 10,000 this column after award) Grand Total ..................................... $ _280,000 75 Percent of Grand Total ( State Payment) ................................ $ 210,000 25 Percent of Total (Your Payment) ....................... $ 70,000 $ $ $ Note: You may attach addilional pages, ~I needed, to complete this item or Io juslify any budget ilem or its quanfily. Medical Director's Approvals. These are required for al_] projects which involve professional education, medical equipment, or both. (1) Professional Education. All continuing education described in this application will be developed and conducted with my inpu a~L. affi~val. Medical Director: ~?,~__________________~~. , Signature Date Printed Name: Dr Robert B Tober MD. FACEP (2) Medical Equipment. equipment in this project. vledical Director: Fla. Med. Lic. No.' ME-0030891 I hereby affirm my authority and responsibiity for the use of all medical Signature Date Printed Name: Dr. Robert B. Tober M.D. FACEP Fla. Med. Lic. No.:ME-0030891 6D2 ' 16. Governmental Agency and Non-profit Entity Only Request for Matching Grant Distribution (Advance Payment) Emergency Medical Services (EMS) In accordance with the provisions of paragraph 401.113(2)(b), Florida Statutes, the undersigned hereby requests an EMS matching grant distribution (advance payment) for the improvement and expansion of prehospital EMS. Payment To: Collier County Board of County Commissioners Name of Agency or Organization 3301 E Tamiami Trail Address Naples City Authorized Official' ~~,~...(~ , ('~l* ~.,,,,~ ,~ .... ~ig na, l, ure~-~.L~ ,~ Fla 34112 State Zip Date Barbara B Berry Chaiman Pnnted Name Title Sign and return this page W'th your application and copies to: ,; . ....... El~atch,ng Grants/Ofhce of Emergency Medical Services (HSEM) De artment of Health and Rehab,htat,ve SeAt~;~ ~ to to~m & le¢.d!a~c,e ,/L~h,~l~t Count)' Attomay Below this line is for use only by the Department of Health and Rehabi/itati~,e Services, Office of Emergency Medical Services Matching Grant Amount For State To Pay: $ Approved BY: Signature & Title of State EMS Grant Officer HRS Fiscal Year: FY Or,qanization Code 60-20-60-30-100 Federal Tax ID: VF Grant Begins:~l~ Month Day E.O. Object Code HS 7 / Ends: I I Year Month Day Year Grant ID, Code: M Date 1602 17. ASSURANCES AND APPLICATION SIGNATURE Pavment for Grant Pro[ect_-_. I, the undersigned, understand and accepl that due to state cash flow and project priorities, I may not receive payment from the state for this project until several months after announcement of awards. The work activity time frames will be adjusted based on the date I receive payment, except the ending date of the g~nt will remain as specified in the Notice Of Grant Award letter. .Statement of Cash Commitment:, I, the 'undersigned, certify that my cash match Will be expended between the beginning-and ending dates of the grant and will be used ir~ strict accordance with the content of the application and approved budget fo~ Ibis project, as the application on file in the state EMS Office requires. No costs count lmvards satisfying a matching requirement of a department grant if they are also used to satisfy a matching requirement of another state or federal granL Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be comrr~tled and used for the department's final approved project dudng the grant pedod. ~ _Acceptance of Terms and Condition-: I, the undersigned, understand and acce~t the grant terms and conditions in Chapter~ 1, 2 and 4 of, "Florida EMS Grants Program Handbook October, 1996", by the Department of Health and Rehabilitative Services, and acknowledge this when funds are drawn or otherwise obtained from ~e grant paYment system for this project. Dlsclaimer: I, the undersigned, hereby certify that the facts and information contained .in this application and any attached and supplemental documents are true and correct to the best of my knowledge, information, and belief. I fur,her understand and accept that if it is l subsequently determined that this is not correct, this grant funded under Chapter 401, Part I1, F.S. and Chapter 1OD-66, F.A.C., may be revoked, and any monies erroneously paid plus interest earned, will be refunded to the department with any penalties which may be imposed by law or applicable regulations. .Notification of Awards: I, the undersigned, understand and accept the notice of award will be advertised in the FAW, and that 21 .days after this advertisement I waive any right to challenge or protest pursuant to Chapter 120, F.S. .Maintenance of impro~;ement and Expansioi~: I, the undersigned, understand, and ~ccept that my organization will. maintain for five, years dfter, the project ends any improvement, expansion or other effect brought 'about in ~.~ole or part by grant funds, unless specified otherwise in the approved application or.unless the department agrees in writing to allow a change. Any unauthorized c~_.ange within the fi~'e years will necessitate the return of grant ~u, lds, plus interest if any, to the department as determined by the department. ~'~ignature of Au~J~rize~~jner ~ I (Individual Identified in Item 1) , 44 1602 Collier County Emergency Medical Services Department Attachment A The EMS Department has achieved the lowest tax (millage) of any emergency services agency in Collier County; approximately $20.00 per year, based upon an assessed property value of $100,000.00. If transported by EMS Paramedics, an all-inclusive fee of $302 00 is sent to the patient's medical insurance company Medicare and Medicaid assignment is readily accepted. The EMS Departments' total budget for FY 1996/97 is $ 7,515,000.00; one hundred and twelve (112) full time and twenty five (25) part time EMS Department colleagues serve the community of Collier County. Caring for victims of medical emergencies and traumatic accidents is not the only service EMS Department Paramedics provide to community members. The EMS Department provides a minimum of forty-five "Community EMS" events each month; the Paramedics meet with community members, determine what' their needs and/or interests are and develop a "Community EMS" event for them. Types of Community EMS" events include accident prevention programs, 12 lead ECG screenings, obstructed ainvay maneuvers for restaurant workers,: and hypertension screening provided to school children, civic organizations and any other interested members of the community. These programs are provided at no charqe and are scheduled at the community's convenience. Paramedics also provide cardio-pulmonary resuscitation (CPR) classes for a nomina~ fee that covers the cost of textbooks and materials. CPR classes maybe scheduled by contacting the EMS Department CPR info-line at (941) 434-5160. The EMS Department Paramedics a~"also trained as basic firefighters. 'They work cooperatively With the' fire department within their Emergency Services Department and also with the independent fire departments in the event of a fire. ! · Utilizing existing resources to enhance-emergency services for o~r communitY is a goal of the EMS Department. To achieve this goal requires a commitment to cooperation by the varioUs emergencies service agencies. The respective fire departments of City of Naples, Marco Island, and Everglades City joined in a partnership with the EMS Department to achieve a sin,qle emergency vehicle response to medical emergencies. In lieu of a fire truck and Paramedic vehicle 1 6D2 ' Attachment A responding to medical emergencies, the Paramedic vehicle responds staffed with two Paramedics and a firefighter. This partnership reduces the number of emergency vehicles responding to a single incident and thus reduces the risk of accident and/or injury to our community members. This program also maintains a rapid response time to the 911 medical emergency and reduces the cost of operating large and expensive vehicles. The Collier County EMS Departments' mission statement: ' To provide ' world class' patient care and service to the community in an efficient and effective manner." Highly skilled and Irained, EMS Department Paramedics' risk their lives to provide 'world class" emergency care to victims of illness or injury utilizing standardized medical protocols, equipment and techniques. The EMS Department values the lives that have been entrusted to them and considers it a privilege to serve the emergency service needs of the community. .! February 18, 1998 Grant Committee 1280 San Marco Road Marco Island, Florida 34145-5011 Dear Grant Committee Members: As chairman of the Emergency Service Department Citizen Advisory Committee. I am writing this letter to offer our complete support for the matching grant applications submitted by the Department of Emergency Medical Services Department. As a group of citizen we support the proactive approach to finding altemabve methods of funding program which truly enhance the delivery of patient care in Collier County. Sincerely, Bob Laird, Chairman Emergency Medical Services Advisory Committee EMS Matching Grant Application 75/25 Percent Form Office of Emergency Medical Services Florida Department of Health and Rehabilitative Services ID. Code (Assigned by the State EMS Office): M Organization: Collier County Emer,qency Medical Services Depadment Grant Signer Name: Barbara B. Berry Title: Chairman Mailing Address: 3301 East Tamiami Trail County: Collier City:_Naples State: Florida Zip: 34112 Telephone: (941) _774-8459 SUNCOM: Contact Person's Name: Jorc~e ARuilera Title: Trainin,q Commander Mailing Address 3~301 Eas! Tamiami Trail Buildinq H City: Naples State: Florida Zip: 34112 3. Legal Slatus of Agency/Organization ( Check only one response). (1) r"-] Private Not For-profit ( attach copy of IRS's 501 © (3) letter or other legal documentation of this status) (2) ~ Private For- profit (3) [-'"] City/Municipality (3) E~ County (5)r'--] state First Responder If you are a first responder organization, you must attach a copy of your MOU with a hcensed provider If you do not have a MOU, attach documentation that you made reasonable efforts to get one, that you operate cooperatively wilh providers, or th, lat you requested but did not receive a response from the providers in your area. 5. Your Fiscal Year: Begins 10 / 01 Ends 09 _/3~0 6. Your Federal Tax ID Number (nine Digits): VF 5 9 6 0 0 0 5 5 8 Identify the one EMS state plan objective this project primarily will accomplish in whole or part: 8. Research Projects Only: · , If this is not a research project sk!p this item and proceed to the next. If this is a research project, attac~ed at the end of the application concise statements of the hypothesis, design, method, instruments, methods to protect human subjects, and limitations of the study. Also attach research instruments, forms and a bibliography of other relevant studies. 1 6D2 ' 9. Major Work Activities and Time Frames: Activity 1) To develop specification 2) To prepare and bid equipment 3) To equip and train all identified user Number of Months After Grant Starts 30 days 60 days 6 months Nole: (I) You mu__s_l follow your schedlJle if grant awarded. (2) You _taus1 juslify in Ihis applicalion your time frame if yotJr Pfolecl will exceed 12 monlhs 10 Background. (1) describe your organization, ~ts activities and responsibilities, and (2) how it relales Io other EMS organ~zahons ~n your area Also provide, (3) date you first began operation; (4) your annual budget; (5) the number of your full and part time employees; and (6) your quantity of vehicles and I or other major resources The Collier County Emergency Services Department is comprised of the Ochopee Fire Dept., Isle of Capri Fire Dept., Helicopter Operations, Emergency Management and the EMS Department. The Collier County Emergency Medical Services (EMS) Department, is a single, fully consolidated agency that provides Paramedic emergency medical services for approximately 200,000 community members residing in the City of Naples and the varied areas of Colher County including Golden Gate, City of Marco Island, North Naples, East Naples, and Immokalee The EMS Department was established in 1981 by the Board of County Commissioners and was recognized by emergency physicians for achieving the most successful cardiac patient outcomes of any emergency services in the entire State of Florida. EMS Department Paramedics responded to almost 26,000 911 medical emergencies in 1997; a twenty-six percent increase since 1993. There are fourteen EMS Department stations located throughout the 2032 square m~les of Collier County with Paramedics achieving a median response time of 4-6 minutes to medical emergencies in the populated areas. Transportation resources include twenty two advanced life support vehicles and an advanced life support helicopter, and five ALS first response vehicle staffed and administered by 121 full time employees and twenty five part time employees. The EMS Departmenl provides mutual aid to the surrounding counties of Lee, Hendry, Glades, Dade and Monroe through written agreements. You may allach .o~e additional page, if needed, Io complele lhis item. 14o BudgeL Pot esc~ type of positio~ inc;ude inc;ude the ps¥ per hour, number of hours, sn~ cost of each benefit. For expenses include unit costs (e.g. if rental give the cost per square foot). For equipment include the cost per item and quantity. Items/Quantities and Positions/FTEs 22 BP. 02 Sat. Temp. Prinler Machines (Paramedic Units) $3.190 per unit 04 BP. 02 Sal. Temp. Pdnter (Back ,p) $3.190 26 Addilional Infanl. Pedialric. X-Large BP Cuffs Prices va~ belween sizes $30.70 per unit 26 Infanl and Pedtalrlc Oxygen sensors S125 Disposable Temperalure Probes $15 Prlnler paper $25 .Cost_ 70.180 12.760 5.668 3,250 4,500 7,000 Expenditures (Complete this column after award) Grand Total .................. $ .1. 03 358 75 Percent of Grand Total (State Payment) ........................... $ 77,518 25 Percent of Total ( Your Payment) .................. $ 25.839 $ $ ~ole: You may allach addilional pages, if needed. Io complele lhis item or to juslify any budget item or ils quantity. Medical Director's Approvals. These are required for all projects which involve professional education, medical equipment, or both -- (1) professional Educalion. developed and conducted with my input and~3ppr, ov~.. Medical Director: ~¢/~ t~ :~-? Signature All continuing education described in this application will be Printed Name: pr Robert B. Tober M.D. FACEP (2) .Medical Equipment. equipment in this project. Medical Director: Date Fla. Med. Lic. No.' ME-0030891 I hereby affirm my authority and responsibiity for the use of all medical Signature Date Printed Name: Dr. Robert B. Tober M.D. FACEP Fla. Med. Lic. No.:ME-0030891 1602 11. Project Oescription/Justificalion: Describe and justify your project. Include: (1) the current and projected number of persons who will be served directly by this project, and quanlify what adverse condition of lheirs lhe project will impact upon; (2) the involved geographic area; (3) Ihe source (s) from which you oblain your dala, and (4) Ihe time frames of your data. The Collier County Emergency Medical Services Department is seeking grant funding to place automatic blood pressure machines in every paramedic Unit. The EMS Department serves the community of approximately 200,000 citizens in an area of 2,032 square miles. The past 5-year trend shows a population increase of 12% and run report data for the calendar year of 1997 shows over 24,500 calls. This machine will facilitate the Paramedic to obtain printed vital signs such as blood pressure measurement, oxygen saturation of the blood, and body temperature. It will automatically retake these vital signs every few minutes, providing the Paramedic with valuable information and act as a second pair of hands. This shaves valuable time between the inilial patient survey and Ihe est,ablishment of treatment such as the oxygen mask, cardiac monitor, intravenous hne and appropriate medications Currently, the Paramedic must first perform these vital signs before initialing any further trealment Upon the implementation of this program, the EMS Paramedic will achieve printed, rap~d, consistent, and repeated automated vital sign measurements on patients of all ages and sizes immediately and 100% of the time. ' You may attach ,one additional page, if needed, to complele this item and to tell us in your words what you are going to do, what you need and why. 12 State Grant H~story Briefly describe your current and previous state EMS matching and county awards for at least the past three years. Explain why this application does not conflict with or duplicate them If you have had no previous grants, state this fact. In 1994 lhe Collier Co~Jnly Emergency Medical Sen/ices Deparlmenl was awarded lhree (3) granls ) 12 lead momlor grant 2) Pedialric Car seal 3) Professional Ed.calion In 1995 one (1] matching granl was awarded 1) Hehcopler Safety granl The granl program's listed above did not address the enormolls imporlance of early inlervenlion in lhe selling of a )allenl s.flermg from s.dden dealh You may allach _one addilional page, il needed, to complele this item. 13. Provider Coordination (1) If your service area has a regional EMS advisory council, attach from that council a letter commenting on this project. If there is no council, attach a letter from at least one licensed provider in or adjacent to your service area commenting on this project, or documentation that you requested the comments. (2) Include a letter of support from ali other agencies that will be directly involved in this project. I 16. Governmental Agency and Non-profit Entity Only Request for Matching Grant Distribution (Advance Payment) Emergency Medical Services (EMS) In accordance with the provisions of paragraph 401.113(2)(b), Florida Statutes, the undersigned hereby requests an EMS matching grant distribution (advance payment) for the improvement and expansion of prehospital EMS. Payment To: Collier County Board of County Commissioners Name of Agency or Organization 3301 E Tamiami Trail Address Naples City Aulhor,zed Official: ~ .'~_~'~t\ (~ ~'~,\*~ ~.~ % ...... Barbara B. Berry Printed Name Fla 34112 State Zip Chaiman Title Sign and return this page with your application and copies to: , .E.M..S..Matching Grants/Office of Emergency Medical Servi~¢ (es H EM Department of Health and Rehabilitative S.e.~,, ic~..~, ~'~........-.~_-~,,,.~C, 2002_ O..,d. St Augu. s#ne. Road, Bldg. D ---'-"-"-'-"'-7-'"' ~a//anassee, F/oriaa 32301-4881 ' ' .' . .~,~- '~' l , -- ~t Cou-tT, Atto~.,~t7 -- Below this line is for use only by the Department of Health and Rehabilitative Services, Office of Emergency Medical Services Matching Grant Amount For State To Pay: $ Grant ID, Code: M Approved BY: Signature & Title of State EMS Grant Officer Date HRS Fiscal Year: FY OrQanization Code 60-20-60-30-100 E. O ,Object Code HS 7 Federal Tax ID: VF Grant Begins:__/ /__ Ends:.. / I Month Day Year Month Day Year 16D 17. ASSURANCES AND APPLICATION SIGNATURE Pavment for Grant Project. I, the undersigned, understand and accept that due to state cash flow and project priorities, I may not receive payment from the state for this project until several months after announcement of awards. The work activity time frames will be adju!ited based on the date I receive payment, except the ending date of the grant will remain as specified in the Notice Of Grant Award letter. ,S. tatement of Cash Commitment:. I, the undersigned, certify that my cash match will be expended between lhe beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this project, as the application on file in the state EMS Office requires. No costs count towards satisfying a matching requirement of a department grant if they are also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved project during the grant period. A_cceptance of Terms and Condition-: I, the undersigned, understand and accept the grant terms and conditions in Chapters 1, 2 and 4 of, "Flodda EMS Grants Program Handbook October, 1996", by the Department of Health and Rehabilitative Services, and acknowledge this when funds are drawn or otherwise obtained from Ihe grant payment system for this project. plsclaimer: I, the undersigned, hereby certify that the facts and information contained in lhis application and any attached and supplemental documents are true and correct to the best of my knowledge, information, and belief. I further understand and accept that if it is subsequently determined that this is not correct, this grant funded under Chapter 401, Part I1, F.S. and Chapter 1OD-66, F.A.C., may be revoked, and any monies erroneously paid plus interest earned, will be refunded to the department with any penalties which may be imposed by law or applicable regulations. ,Notification of Award-,,: I, the undersigned, understand and accept the notice of award Will be advertised in the FAW, and that 21 days after this advertisement I waive any right,.'to challenge or protest pursuant to Chapter 120, F.S. ~lalnt. enance of Improvement and Expansion: I, the undersigned, understand and accept that my organization will maintain for five years after the project ends any improvement, expansion or other effect brought about in whole or part by grant funds, unless specified otherwise in the approved application or unless the department agrees in writing to allow., a change. Any unauthorized change within the five years will necessitate the return of gr~nt funds, plus interest if any, to the department as determined by the department. -"SignatUre o'f Auth-~ori~e-~ig~ner ' Oa~e (Individual Identified in Item 1) 44 160g Collier County Emergency Medical Services Department Attachment A The EMS Department has achieved the lowest tax (millage) of any emergency services agency'in Collier County; approximately $20.00 per year, based upon an assessed property value of $100,000.00. If transported by EMS Paramedics, an all-inclusive fee of $302.00 is sent to the patient's medical insurance company. Medicare and Medicaid assignment is readily accepted. The EMS Departments' total budget for FY 1996/97 is $ 7,515,000.00; one hundred and twelve (112) full time and lwenty five (25) part time EMS Department colleagues serve the community of Collier County. Caring for victims of medical emergencies and traumatic accidents is not the only service EMS Department Paramedics provide to community members. The EMS Department provides a minimum of forty-five "Community EMS" events each monlh; the Paramedics meet with community members, determine what their needs and/or interests are and develop a "Community EMS" event for lhem. Types of Community EMS" events include accident prevention programs, 12 lead ECG screenings, obstructed a~rway maneuvers for restaurant workers, and hypertension screening provided to school children, civic brganizations and any other interested members of the community. These programs are provided at no charge and are scheduled at the community's convenience. Paramedics also provide cardio-pulmonary resuscitation (CPR) classes for a nominal fee that covers the cost of textbooks and materials. CPR classes maybe scheduled by contacting the EMS Departmenl CPR info-line at (941) 434-5160. The EMS Department Paramedics are also trained as basic firefighters. They work cooperatively with the fire department within their Emergency Services Department and also with the independent fire departments in the event of a fire. Utilizing existing resources to enhance emergency services for our community is a goal of the EMS Department. To achieve this goal requires a commitment to cooperation by the various emergencies service agencies. The respective fire departments of City of Naples, Marco Island, and Everglades City joined in a partnership with the EMS Department to achieve a single emergency vehicle response to medical emergencies In lieu of a fire truck and Paramedic vehicle 16l 2 Attachment A responding to medical emergencies, the Paramedic vehicle responds staffed with two Paramedics and a firefighter. This partnership reduces the number of emergency vehicles responding to a single incident and thus reduces the risk of accident and/or injury to our community members. This program also maintains a rapid response time to the 911 medical emergency and reduces the cost of operating large and expensive vehicles. The Collier County EMS Departments' mission statement: "To provide ' world class' patient care and service to the community in an efficient and effective manner." Highly skilled and trained, EMS Department Paramedics' risk their lives to provide "world class" emergency care to victims of illness or injury utilizing standardized medical protocols, equipment and techniques. The EMS Department values the lives that have been entrusted to them and considers it a privilege to serve the emergency service needs of the community. II IIIIIII IIIII II III IIIIIII IIIIIII III IIII III IF III III III February 18, 1998 Grant Committee 121;)O E, an Marc. z3 Road Marco Island, Florida 34145-5011 Dear Granl Committee Members: As chairman of the Emergency Service Department Citizen Advisory Committee. I am writing this letter to offer our complele support for the matching grant applications submitted by the Department of Emergency Medical Services Department. As a group of citizen we support the proactive approach lo finding alternative methods of funding program which truly enhance the delivery of patient care in Collier County. Sincerely, Bob Laird, Chairman Emergency Medical Services Advisory Committee 16D2 EMS Matching Grant Application 75/25 Percent Form Office of Emergency Medical Services Florida Department of Health and Rehabilitative Services ID. Code (Assigned by the State EMS Office): M Organization: ,Collier County Emer,qency Medical Services Department Grant Signer Name: Barbara B. Berry Title: Chairman Mailing Address: 3301 East Tamiami Trail County: Collier City: Naples State: Florida Zip: 34112 Telephone: (941) 774-8459 SUNCOM: Contact Person's Name: Jorae ACluilera Title: Traininq Commander Mailing Address: 3301 East Tamiami Trail Buildinq H City: Naoles Slate: Florida Zip: 34112 Legal Status of Agency/Organization ( Check only one response), (1) J--'J Private Not For-profit ( attach copy of IRS's 501 (D (3) letter or olher legal documentation of this status) (2) J-'l Private For- profit (3) J--J City/Municipality (3) E~] County (5)['-'] State First Responder: If you are a first responder organization, you must attach a copy of your MOU with a licensed provider. If you do not have a MOU, attach documentation Iha! you made reasonable efforls to get one, that you operate cooperatively with providers, or that you requested but did not receive a response from the providers in your area. 5. Your Fiscal Year: Begins 10 / 01 Ends 09 /30 6. Your Federal Tax ID Number (nine Digits): VI:' 5 9 6 0 0 0 5 5 8 Identify the one EMS state plan objective this project primarily will accomplish in whole or pad: Research Projects Only: . If this is not a research project sk!p this item and proceed to the next. If this is a research project, attached at the end of the application concise statements of the hypothesis, design, method, instruments, methods to protect human subjects, and limitations of the study. Also atlach research instruments, forms and a bibliography of other relevant studies. Major Work Activities and Time Frames: 16D2 _Activity 1) To develop specification 2) To prepare and bid equipment 3) To equip and train all identified user Number of Months After Grant Starts 30 days 60 days 6 months Note: (1) You ~ follow your schedule if grant awarded. (2) You .mu~ justify in this application your time frame if your projecl will exceed 12 months. 10. Background: (1) describe your organization, its activities and responsibilities, and (2) how it relates to other EMS organizations in your area. Also provide, (3) date you first began operation; (4) your annual budget; (5) the number of your full and part time employees; and (6) your quantity of vehicles and / or other major resources. The Collier County Emergency Services Department is comprised of the Ochopee Fire Dept., Isle of Capri Fire Dept., Helicopter Operations, Emergency Management and the EMS Department. The Collier County Emergency Medical Services (EMS) Department, is a single, fully consolidated agency that provides Paramedic emergency medical services for approximately 200,000 community members residing in the City of Naples and the vaded areas of Collier County including Golden Gate, City of Marco Island, North Naples, East Naples, and Immokalee. The EMS Department was established in 1981 by the Board of County Commissioners and was recognized by emergency physicians for achieving the most successful cardiac patient outcomes of any emergency services in the entire State of Florida. EMS Department Paramedics responded to almost 26,000 911 medical emergencies in 1997; a twenty-six :)ercent increase since 1993. There are fourteen EMS Department stations located throughout the 2032 square miles of Collier County with Paramedics achieving a median response time of 4-6 minutes to medical emergencies in the populated areas. Transportation resources include twenty two advanced life support vehicles and an advanced life suppcrt helicopter, and five ALS first response vehicle staffed and administered by 116 full time employees and twenty five part time employees. The EMS Department provides mutual aid to the surrounding counties of Lee, Hendry, Grades and Monroe. You may attach ,one additional page, if needed, to complete this item. 1,6DP. 11. Project Description/Justification: Describe and justify your project. Include: (1) the current and projected number of persons who will be served directly by this project, and quantify what adverse condition of theirs the project will impact upon; (2) the involved geographic area; (3) the source (s) from which you obtain your data; and (4) the time frames of your data. The Colher County Emergency Sennces Department is seeking grant funding for the development and implementation of an Urban Search and Rescue (USAR) Team Collter County Emergency SerWces Department has been assigned the lead agency of Emergency Support Funct~:)ns #9, Urban Search and Rescue The Collier County USAR Team will be dedicated to assuring that the citizens and visitors of o~r co~nty are provided w~th USAR expertise and state of art assistance in case of a manmade. technological, or natural d,sasters. The Collier County USAR Team will promote inter-jurisdictional cooperation and coordin,atiofl with all local, state, and federal 'Special Response Teams' This will include operating within the existing Collier County mutual aid agreements with the surrounding counties. The development of an USAR Team is consistent with the Comprehensive State Emergency Management Plan as well as the Collier County Comprehensive Emergency Management Plan. Florida Statutes (252.35) authorizes and encourages political subdivisions to create and train USAR Teams as a part of a state USAR program. Collier County has been listed as one of the top ten growing counties in the United States. The number of existing and planned high-rise buildings has dramatically increased the potential for an USAR incident, especially during hurricane season In August, 1992, Hurricane Andrew came to Collier County ,wffh Immense damage possibilities, without any USAR capabilities available to the commune/ Bomb threats are also on the increase with the growth patterns, up 42% over last 3 years, making manmade disasters a greater po~slbflity Collier County has been very fortunate not to have suffered a major USAR incident, but the time has come to provide the community wffh more than luck The Collier County USAR Team will be comprised of 15 members, fncluding EMTs, Paramedics, Firefighters, Physicfans. Law Enforcement. and K-9 personnel The team W~ll also be responsible for coordinating responses and training with local engineertn, and utilities resources The required equipment and per~:mnel training will follow the guidelines set by the Federal Emergency Management Agency USAR Task Forces, 12. State Grant History. Briefly describe your current and previous state EMS matching and county awards for at least the past three years. Explain why this application does not conflict with or duplicate them. If you have had no previous grants, state this fact. In 1994 Ihe Collier Counly Emergency Medical Services Department was awarded lhree (3) grants 1) 12 lead monitor grant 2) Pediatric Car seat 3) Professional Educalion In 1995 one (1) matching granl was awarded 1) Helicopter Safety grant The grant program's listed above did not address the enormous importance of early intervention in the setting of a )atienl suffenng from sudden death. You may attach one additional page. if needed, to complete this item. 13. Provider CoordinatiOn. (1) If your service area has a regional EMS advisory council, attach from that council a letter commenting on this project. If there is no council, attach a letter from at least one licensed provider in or adjacent to your service area commenting on this project, or documentation that you requested the comments. (2) Include a letter of support from all other agencies that will be directly involved in this project. 14. Budget. For each type of position include the 'pay per hour, number of hours, and cost of each benefit. For expenses include unit costs (e.g, if rental give the cost per square foot). equipment include the cost per item and quantity. For Items/quantifies and Positions/FTEs Cost Expenditures (Complete this column after award) See attachment A (3 pages) Grand Total ......................... $178.128.00 $ 75 Percent of Grand Total ( State Payment) .................................. $ !33.596,00 $ 25 Percent of Total ( Your Payment) ...................... $ ~ $ Note: You may allach additional pages, if needed, to complele this item or Io justify any budget item or its quantity. Medical Director's Approvals. These are required for al_.J projects which involve professional education, medical equipment, or both. (1) Professional Education. All continuing education described in this application will be developed and conducted with my input and~,~.~ Medical Director: ~,.~,~'_~.~_~/~ Signature Date Printed Name: (2) Medical Equipment. equipment in this project. Medical Director: Dr Robert B. Tober M.D. FACEP Fla. Med. Lic. No.: ME-0030891 I hereby affirm my authority and responsibility for the use of all medical Signature Date ,~ Printed Name: Dr. Robert B. Tober M.D. FACEP Fla. Med. Lic. No.:ME-0030891 .! 16. Governmental Agency and Non-profit Entity Only Request for Matching Grant Distribution (Advance Payment) Emergency Medical Services (EMS) In accordance with the provisions of paragraph 401.113(2)(b), Florida Statutes, the undersigned hereby requests an EMS matching grant distribution (advance payment) for the improvement and expansion of prehospital EMS. Payment To: Collier County Board of County Commissioners Name of Agency or Organization 3301 E Tamiami Trail Address Naples City Authorized Official: (~'~%'I~~ ~. % .... Sig~ Fla 34112 State Zip ' \ D~t'e Barbara B Berry Chaiman Printed Name Title AI'[ERT: ' Sign' and return this page ~Wth your applicahon' ' and copies to: ._. :r'..,. ,. ,,,-.~r.v ~,~atching Grants/Off/ce of Emergency Med/cal Service HS . u.i~- ,-.. o,.,..,., ,,,-,,.,- .. ...... -, .~.~,~.~) ..... .~, '. .... I I . ) ' uepartment or ~ealth and Rehabilitative Servic~s.¥" ...~.~" --' .I ...,- . .., ?.?,,/.~ ~ ._.. ~:.',- 17- - ./-7 " Tallahassee, Florida 32301-4881 ' Below this,line is for use only by the Department of Health and Rehabilitative Services, Office of Emergency Medical Services Matching Grant Amount For Stale To Pay $ Grant,ID, Code: M Approved BY: Signature & Tille of State EMS Grant Ofhcer Date HRS Fiscal Year: FY Or.qanization Code 60-20-60-30-100 E.O. Obiect Code HS 7 Federal Tax ID: VF Grant Begins:__l__/ Month Day Year Ends: / / Month Day Year 1602 17. ASSURANCES AND APPLICATION SIGNATURE _Payment for Grant Project:. I, the undersigned, understand and accept that due t0 state cash flow and project priorities, I may not receive payment from the state for this project until ver.al months after announcement of awards. The work activity time frames will be aclJusted se,3 on the date I receive Payment, except the ending date of the grant will remain as specified in the Notice Of Grant Award letter. Statement of Cash Commitmen~ I, the 'undersigned, certify that my cash match ~11 be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the applicalion and approved budget for this project, as the application on file in the state EMS Office requires. No costs count towards satisfying a matching requirement of a department grant if they are also used to satisfy a matching requirement of another state or federal grant Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for Ihe department's final approved project during the grant period. A_cceptance of Terms and Condltlon~: I, the undersigned, understand and accept the grant terms and conditions in Chapters 1, 2 and 4 of, "Florida EMS Grants Program Handbook October, 1996", by the Department of Health and Rehabilitative Services, and acknowledge this when funds are drawn or otherwise obtained from the grant payment system for this project. Disclalme I, the undersigned, hereby certify that the facts and information contained in this application and any attached and supplemental documents are true and correct to the best of my knowledge, information, and belief. I further understand and accept that if it is subsequently determined that this is not correct, this grant funded under Chapter 401, Part II F.S. and Chapter 1OD-66, F.A.C., may be revoked, and any monies erroneously paid plus interest earned, will be refunded to the department with any penalties which may be imposed by law or applicable regulations. Notification of Award,~: I, the undersigned, understand and accept the notice of award will be advertised in the FAw, and lhat 21 days after this advertisement I waive any right to challenge or prolest pursuant to Chapter 120, F.S. Maintenance of Improvement and Expansio,,: I, [he undersigned, understand and accept Ihat my organization will. maintai~ for five, years aifter the project ends any improvement, expansion or other effect brought about in whole or ~art by grant funds, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change withir~ the five years will necessitate the return of grant :lu, ids, plus interest if any, to tl~e department' as determined by the department. - 44 (Individual Identified in Item 1) Attachment A Collier County SAR Team - Equipment List 15D2 I. Rescue F, quiomcnl Group; · · · · · · · · · · · · · · · 136 Ton Air Bag Ell (8 bags) **-ilh complclc acccsson.' kit ( I ) %" Anchor Kit ( I ) I ' Rcbar Culler. Electric ( I ) ~lition Ham~. ~(M a~ (~ ~'ilh ~d~ (I ~.) ~/f" in~stnal G~ El~nc ~11 ~q'ith ~ls (2) ~e G~F. El~c ( I ) ~tJc Nail Guns. g aM lad ~q/l(~)' h~ (2} Iteax? Du~- Rotan.. llammcr. 1%" mtn ~/accc~nes (2) II.~'dtaulic Rescue S.~'stcm. 4 ~'clc. ~*/sprcadcrs. cullers, and rams ( I ) Eleclrtc Submcrsfblc Pump ~/fire ho~c connection ( I ) IR' Ganoltnc Chain Sa~s. 2 c?clc (~t) Chain Sa~ Field Kil. ~/fucl mix and acccs~rtes ( I 14" Pm, ct Rotan.' Sa,~'. I' Arbor (2} 7 % "Circular Sa~. Uea~n' Duly (2} Reciprocalmg Sa~'. Variable Speed. Hca,h~' Duly · Elcclnc Chain Sa~,s. 12' (2) · Exothcrmic Torch. Complclc ~/rod.n ( I · Ox3'-Acct.~'lcne Torch. Portable ~'/atlachmcnls · Hea~,' Duly Hand Trucks (2) · Ga~linc Cn:ncralors (¢,txK)W min ) (2! · Mi~ellaneous Hand Tools (per FEMA guidchnes) Hammc~. Axes. F'n' Bars. Chi~ls. Shoxcis. cie ( I · Elec~neal Equipmcnl (per FEMA gmdclincn~ Exlcnsion Cords. Adapters. Junclion Boxes. crc ( I · L~gJlling Equipmenl Tripod Lighls IIXXlW (6! and Drop Lighls · Equipmcnl Mainlcnance Supplies {per F'EMA guidchnes) Ga.e. olinc Cans. Wrenches. Fillers. Spark Plugs. cie , Confined Space Tripod **/Manual Winch · Sked Stretcher Syslcm ~'ilh Ch'cgon SPine Splint · Slokes Lillcr. 2.~;I)0 lb T~Iccl · Plastic Backboard ~,ilh Sgndcr Strap S)'slcm · Industrial Rescue Harness - Class !11 Combinalion · Rope Rescue/Rigging Equipmcnl (per FEMA guick:lines) · Searchcam Technical Search Syslcm · .t.~ mm Camera ~ilh Film Supply · Polaroid Instant Camera ~,'ilh Film Supply · 8mm Video Camera ~,/VHS capabililics · Binoculars. IOX.~) ~'alcrproof · Laptop Compulcr w/modem · SCBA. High Pressure Syslcms **/30 min. bollles(451Xtpsi) · Air Source Can ~'/4 rescuer capabilities (al min. bolllcs{45(X)psi) ( I ) Includes Full Face Respiralors and :5 min. Escape Syslcm · Exlra 30 min. liigh Pressure Bollles (4) · Extra 60 min. High Pressure Boules (2) · Ventilalion BIm,cr. Eleclric ,~ilh 8" hose · Fire Extinguishers. 2¢}1b ABC T.~l~e (2) (Il (I) (I) (I) (Il (Io) (!) (!) (I) (!) (!) (!) (I) (4) $ 7.(x)O S S 2.(xx) (x) S 2.8(X).(X) S 6(x).(n) S 2'~) (Io S 1.14o (x) S 2..';(x) (x) $10.(xx) (x) $ 425 S 1.14(x).(x) S 6(X) S 3.(xx).(x) S ~(x) (x) S 5(X) S S S I'~(x) S S S .~. $ $ 2.20o oo S 2..~(n) oo S 7(X).(X) S .~(X) (x) $ 25o (x) S .'t.(xx).(x) $ 7. I(X).(x) s 12.o~x).(x) $ 350.(x) $ 125.(x) $ 850.(x) $ 3o04x) $ 2.SlX).(x) $10.220~(x) S 10.350.(X) $ 2.5(X).IX) S 3.81~).(X) S 1.2(X).(x) S 3(~)(X) · .1 gallon Spr~.'crs · Structures Specialist Equipment Marking Kris. Mcasuring Equipmcnl. Lo-els. tlc. · ^lmospherJc Monitoring Do. ice · Bullhorn · Voll.'~ge Delector - Hol Stick · Miscellaneous Batteries · Srn~ll Tools (per FEMA ~uidclincs) Knifes. Pliers. Cutters. Wraps. crc. · Water/Fluids Equii:nncnt Containers. Gatorade. Water Filtcrs. · Command Tent (2) S 6o oo (I) $ R10 ( I ) $ (I) $ 125.(X) (!) $ 215,~) (!) $ 250.(x) (I) $ 6(X).(X) (!) $ I.(XX).(X) (i) S 250.(x) Total Ami. Sl 14.880.(X) 1 602 2. Communications Eauioment Grout): · LPE-2I}O Radios with Sgn:akcr Mtcs · LPE-2IX) Radios ~'ith Speaker Mics and g(X) Upgradcs · Mulli-Rarnd flattc~' Charger (6 Ballet3') · Extra ftigh Capocity Ballerics · Pro~rammmg Fcc · AIphanumcnc Pagcrs ~ith Group Notification ( I yr. Sox-icc) · ConSp~:c Confincd Space Rc~uc Kit - 5 pcrson · Extra Communication Linc for ConSpoce Systcm (6) $ 9.520.(X) (2) S 4.19.4,(X) (I) $ 5a().(X) (8) $ 976.(X) (8) $ 4(X).(X) (15) $ I.(',15.(X) (I) S 5.7~o ( I ) S 33().(X) Total Amt. $23.3%.oo 3. Personal Safety · Safe~' Boots w/steel shank and Iocs · Work T-shirts ~'ilh Logo (2 ca. ) · Collon Coveralls- Long Slco'c · Rescue Helmcts - Pacific · Leather Work Giro'cs · Rubbcr Knce Pads · Safcty Gogglcs · Pcrsonal Alarm Do'icc · Itclmcl Mounlcd Lights · Radio Chcsl Pouch · llcaring Protcclion · Back Pack Gear Bag · Aerosol Air Horns · Assorled Vcsts · Hca,,.')' Dui)' Flashlights (15) S 3.375.(X) (7¢)) $ .1(~) (X) (15) S 750.(~) (15) S 2.250,(x) (20) $ 4(X),(X) (15) $ 375,(X) (15) $ 750.(X) (15) S 2.?75,(x) (15) $ 750,00 (15) $ 525,(X) (15) S 150,(X) (15) $ 525.(X) (6) S 150.(X) (6) S 250.(x) ((',) S 540.0O Total Amt. Sl3.652.00 e Miscellaneous Eaulr~mcnt: Admintsffative Supporl Equtpmen! Foldcrs. Log Books. Papcr. Tape. c~c. I~' tlcavy Duty' Equipmcnt Trailcr Misccllancous Mcdical Equipmcm (pc~ FEMA guidelines} (!) $ 1.25¢) oo ( I ) S (I) S I.(Xx).(x) Total Amt. 1602 $. I'rorcssiond Educztion/Tr~inins~: · 5 B3sic Courscs ~ S250.(x) pcr s~udcnt (15) $18.750.00 Total Grant Amount: $178,128.00 1602 COLLIER COUNTY GOVERNMENT EMGRGENCY MANAG£bI£NT DEPARTMENT 330! E. TAMIAJ4! 'FRAE. NAPLES, FI. 34112 (941) 774-8~-! ~. FAX (941) 77%5008 A C~'T~ED ~LUli C~P COI~M't,~FFTY Fcbrum'y I 1, 1998 Diane FIaBg, Chief Collier County Emergency $crviccs 3301 E Tan~iarni Trail Naple~ FL 34112 Re: EMS Trust Fund Grant De~ Chief Flag& 1 ~ully support your agency's request to obtain ~unding for Urben Se~ch and Rescue Team development through the Emergency Medical Services Trust Fund. Collier County Emergency Services has assumed the lead agency role for ESF-9, Search and Rescue, und~ thc County's Comprehensive Em~gency Management Plan Wl~Je it is not your b~nt to develop a team with the capabilitios ora M. iami.Dade SAR tearrt, the need exists, nevertheless, to have a team in place IocaIly that could effectively deal w~th building collapses and confined space events Any capabili~' that cunently exists would be 8reatly enhanced by this ~nding tcqucst. U'any additional information is required, please carl me at (941) 774-84a4. K~F. Pmeau, CEM Emer-~ncy Manaaement Director KFP/dw Ill l I Il I I I I ..... I II I IIIIIIIIIIIIIIIII I III I III 16D2 February 18, 1998 Grant Commitlee Dear Grant Commiltee Members: As chairman of the Emergency Service Department Citizen Advisory Committee. I am writing this letter to offer our complete support for the matching grant applications submitted by the Department of Emergency Medical Services Department. As a group of citizen we support the proactive approach to finding alternative methods of funding program which truly enhance the delivery of patient care in Collier County. Sincerely, Bob Laird, Chairman Emergency Medical Services Advisory Committee LEE COUNTY SOUTHWEST FLORIDA BOARD OF COUNTY COMMI$~IONER~ V/Ne: · O,e:l Dml hcrrbe, r Februao'19.1998 Diane Flagg. Chief Collier County Emergency Services 3301 E. Tamiami Trail. Build;ng H Naples. Florida 34 ! ! 2 Re: 1998 £MS Matching Grants Dear C~gg: The purpose of this letter is in support of your dcpartmenl's 1998 EMS matching grants for the following: 1602 Data collection system including thc computer hardware Automated external defibrillators for law enforcement first responders Non-invasive vital sign monitoring equipment search and rescue / survival equipment for ESF9 functions in our region After hearing Jorge's explanations. I concur that these items will enhance or expand EMS in Collier. as well as the neighboring counties. Sincerely, DIVISION OF PIJBI.IC SAFETY H.C. "Chris" Hansen EM8 Program Manager L P O_ ~..~x 39~. for~ My~s. Fforda 33gO2-Ca;a {941) 335.21 ~1 el un Line ACCESS {LO~) InM-r~ address ht:p//Iola o lee. fl us At~ EOU~ O~qr~ ~FF ~f~ AC'tON EMPt OYEq 252.35 Emergency management powers; Division of Emergency Managemenl.-- 1'6D2 (I) The division is responsible for maintaining a comprehensive statewide program of emergency management The division is responsible for coordination with efforls of the Federal C;overnment with other departments and agencies of state government, with county and municipal governments and school boards, and with private agencics that have a role in cmcrgcncy management , (2) Thc division is responsible for carrying out thc provisions of ss. 252.3 !-252.c) 1 in performing its duties under ss. 252.31-252.91, the division shall: (a) Prepare a state comprehensive emergency management plan, which shall be integrated into and coordinated with the emergency management plans and programs of'the Federal Government. The plan shall be implemented by a continuous, integrated comprehensive emergency management pre, gram The plan must contain provisions to ensure that thc state is prepared for emergencies and minor, major, and catastrophic disasters, and the division shall work closely with local governments and agencies and organizations with emergency management responsibilities in preparing and maintaining thc plan Thc state comprehensive emergency management plan shall be ope~c, cions oriented and 1. Include an evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activitics~ This component must, at a minimum: contain guidelines for lifting tolls on state highways, ensure coordination pertaining to evacuees crossing county lines; set forth procedures for directing people caught on evacuation routes to safe shelter; establish strategies for ensuring suffcient, reasonably priced fueling locations along evacuation routes; and establish policies and strategies for emergency medical evacuations 2. Include a shelter component that includes specific regional and interregional planning provisions and promotes coordination of shelter activities between the public, private, and nonprofit sectors, This component must,tat a minimum: contain strategies to ensure the availability of adequate public shelter space in each region of:he state; establish strategies for refuge-of-last-resort programs; provide strategies to assist local emergency management efforts to ensure that adequate staffng plans exist for all shelters, including medical and security personnel; provide for a postdisaster communications system for public shelters; establish model shelter guidelines for operations, registration, inventor)',, power generation capability, information management, and staffing; and set forth policy guidance for sheltering people with special needs. 3. Include a postdisaster response and recovery component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of postdisastcr response and recovery activities. This component must provide for postdisaster response and recovery strategies according to whether a disaster is minor, major, or catastrophic The postdisastcr response and recovery component must, at a minimum: establish the structure of the state's postdisaster response and recovery organization; establish procedures for activating the state's plan; set forth policies used to guide postdisaster response and recovery activities; describe the chain of command during the postdisaster response and recovery period; describe initial and continuous postdisaster rcsponse and recovery actions; identify the roles and responsibilities of each involved agency and organization; provide for a comprehensive communications plan; establish procedures for monitoring mutual aid agreements; provide for rapid impact assessment teams; ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services; ensure the existence of a comprehensive state,vide medical care and relief plan administered by the ! Deparlment of ttealth and Rehabilitative Services; and e~ablish systems for coordinatin8 volunteers and accepting and distributing donated funds and goods. · 4 Ir~lude additional provisions addressing aspects of' preparedness, response, recovery, and mitigation ~ determined necessary by the division. ]. 6 D 5. Address the need for coordinated and expeditious deployment of state resources, including the Florida National Guard In the case of an imminent major disaster, procedures should address predeployment of'ibc Florida National Guard, and, in the case of'an imminent catastrophic disaster, procedures should address predeployment of the Florida National Guard and the United States Armed Forces. 6 Establish a system of communications and warning to ensure that the state's population and emergency. management agencies are warned of developing emergency situations and can communicate emergency response decisions. ?. Establish guidelines and schedules for annual exercises that evaluate the ability of'the state and its political subdivisions to respond to minor, major, and catastrophic disasters and support local emergency management agencies Such exercises shall be coordinated with local governments and, to the extent possible, the Federal Government 8 Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities The division shall prepare an interim postdisaster response and recovery component that substantially complies with the provisions of'this paragraph by June I. 1993. Each state agency assigned lead responsibility for an emergency support function by the state comprehensive emergency management plan shall also prepare a detailed operational plan needed to implement its responsibilities by June I, IC)93 The complete state comprehensive emergency management plan shall be submitted to the President of'the Senate, the Speaker of the House of Representatives, and the Governor no later than February 1. 1994. and on February ! of every even-numbered year thereafter. (b) Adopt standards and requirements for county emergency management plans The standards and reqUirements must ensure Ihat county plans are coordinated and consistent with Ihe state comprehensive emergency management plan Ifa municipality elects to establish an emergency management program, it must adopt a city emergency management plan that complies with all standards and requirements applicable to county emergency management plans (c) Assist political subdivisions in preparing and maintaining emergency management plans. (d) Review periodically political subdivision emergency management plans for consistency with the state comprehensive emergency management plan and standards and requirements adopted under this section. (e) Cooperate with the President. the heads of the Armed Forces, the various federal emergency management agencies, and the officers and agencies of other states in matters pertaining to emergency management in the state and the nation and incidents thereof and, in connection therewith, take any measures that it deems proper to carry into effect any request of the President and the appropriate federal officers and agencies for any emergency management action, including the direction or control of !. Emergency management drills, tests, or exercises of whatever nature. 2. Warnings and signals for tests and drills, attacks, or other imminent emergencies or threats thereof and the mechanical devices to be used in connection with such warnings and signals. (t') Mak~ recommendations to the Legislature, building code organizations, and political subdivisions for zoning. building, and other rand use controls; safety measures for securing mobile homes or other nonpermanent o~ L. semipermanent structures; and other preparedness, prevention, and mitigation measures designed to eliminhtL° D emergencies or reduce their impact. , (g) In accordance with the state comprehensive emergency management plan and program t'or emergenCy management, ascertain the requirements of the state and its political subdivisions for equipment and supPlies of all kinds in the event of an emergency; plan for and either procure supplies, medicines, materials, and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability; and use and employ from time to time any of the property, services, and resources within the state in accordance with ss 252.3 !-25291. (h) Anticipate trends and promote innovations that will enhance the emergency management system. (i) Institute statewide public awareness programs. This shall include an intensive public educational campaign on emergency preparedness issues (j) Prepare and distribute to appropriate state and local o~cials catalogs of federal, state, and private assistance programs , (k) Coordinate federal, state, and local emergency management activities and take all other steps, including the partial or full mobilization of emergency management forces and organizations in advance of an actual emergency, to ensure the availability of adequately trained and equipped forces of emergency management personnel before, during, and after emergencies and disasters (I) Establish a schedule of fees that may be charged by local emergency management agencies for review of emergency management plans on behalf of external agencies and institutions, in establishing such schedule, the division shall consider facility size, review complexity, and other factors. (m) Implement training programs to improve the ability of state and local emergenCy management personnel to prepare and implement emergency management plans and programs. This shall include a continuous training program for agencies and individuals that will be called on to perform key roles in state and local postdisaster response and recovery efforts and for local government personnel on federal and state postdisaster response and recovery strategies and procedures. , (n) Review periodically emergency operating procedures of state agencies and recommend revisions as:needed to ensure consistency with the state comprehensive emergency management plan and program. (o) Make such surveys of industries, resources, and facilities within the state, both public and private, as are necessary to carry out the purposes of ss. 252 3 ]-252.91. (p) Prepare, in advance whenever possible, such executive orders, proclamations, and rules for issuance by the Governor as are necessary or appropriate for coping with emergencies and disasters. (q) Cooperate with the Federal Government and any public or private agency or entity in achieving any ~urpose of ss. 252.31-252.91 and in implementing programs for mitigation, preparation, response, and recovery. (r) Assist political subdivisions with the creation and training of urban search and rescue teams and promote the development and maintenance of a state urban search and rescue program. [[[1[11 111 Ill I ............... III ......... Ill Il II- - Illll I (s) 'Delegate, as necessary and appropriate, authority vested in it under ss. 252.31-252.91 and provide for the (t) Report biennially to the President of'the Senate. the Speaker ot'the House of'Representatives, and the Governor, no later than February I of'every odd-numbered year, the status of'the emergency management capabilities of'the state and its political subdivisions. (u) In accordance with chapter 120, create, implement, administer, promulgate, amend, and rescind rules, programs, and plans needed to carry out thc provisions of'ss. 252.31-252.91 with due consideration For, and in cooperating with, the plans and programs of'the Federal Government. (v) Do other things necessary, incidental, or appropriate for the implementation of'ss. 252.3 i-252.91, Hlslorjr.-s. I. ch. 74-2R5; s. 20. ch. g1-169; s. 17. ch. R3-334; s 8. ch. 84-24 I; s. 12. ch. 93-21 i. INole.-The l)el~rtmem ~ I leslth and Rdiabililali,~ .~oN~ces was redesitmnled aS Ihe l)tTnrtrnent of L'hild~en nnd Family So~'ices I~,' s. 5. ch. 96-403, and the I)t~rtnt'm oflleal~h wn~ created ~. s R, ch. 96-403, 16D Date: To: From: Re: March 5, 1998 John Daly, Radio Communications Information Technology Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Resolution 98-57 and Lease Agreement Between the South Florida Water Management District and Collier County Enclosed please find a copy of Resolution 98-57 and two original lease agreements as referenced above and approved by the Board of County Commissioners on March 3, 1998 (Agenda Item #16D4. Kindly forward the agreements to South Florida Water Management District for the required signature and return one fully executed original to Minutes and Records. If you should have any questions, please feel free to contact me at (8406). Thank you. Enclosures RESOIAITiON 98- 57 RESOI.UTION OF Tile BOARD OF COUNTY COMMISSIONERS, COI.LIER COUNTY, FI.ORIDA, APPROVING TIlE LEASE AGREEMENT BETWEEN COI.IAER COUNTY AND SOUTil FLORIDA WATER MANAGEMENT DISTRICT FOR USE OF A PORTION OF A COUNTY-OWNED RADIO TOWER. WIlEREAS, South Florida Water Management District, a water management district created under Section 373.069. Florida Statulcs. ["District"), desires to lease a portion of thc northeast leg of thc existing radio transmission tower located at thc Collier County County Barn Facility on Count)' Barn Road. Naples. Florida. owned by Collier County, a political subdivision of thc State of Florida ("('oilier ('ounty"). in order to install and operate one (I) radio transmission antenna al an elevation of approximately one hundred seventy (I 70) feel above. ground. WI IF. REAS. thc Ic:~sc shall be f-r three (3)),ears with one ( I ) additional renewal term of Ihrcc (3) ycqrs: WIIERF. AS. thc Board of ('ounty C'ommissioncrs is satisfied that this property is rcquircd for thc District's usc anti is not needed fi~r County purposes; NOW TIIEREFORF.. BI! IT RESOI.VED BY TIlE BOARD OF COUNTY COMMISSIONF.'RS ¢)F ('OI.I,IER ('O! INTY. FI.ORIDA. that: I. Thc Board of Cot,nty Commissioncrs docs approvc thc attached Lease Agreement between ('oilier ('ounty and South Florida Water Managcmcnl District. a walcr management district created under Section 373.069. Florida Statutes. 2. The ('hainnan of the Board of ('ounty Commissioners of Collier ('ounty, Florida. is hereby authorized to execute thc attached Lease Agrccmcnl. This Resolution adoptcd this ;' day of ~ after motion, sccond and majority vole. · 1998 ATTEST: I)WI(;IH' 1.i. BR(}('K. Clerk · L~eputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA B't':~ Approved as to fom~ and Icgal sufficiency: Assistant County Attorney 16D ORIGii AL I J. SA.'4 E A ¢; R EEM ENT BETWEEN T! IE S¢)U'I'll I-'IA}Ril)A WATER MANAGEMENT DISTRIC'F AND C()I.I.IER COUNTY Tills I.F. ASF. A(iRF. F. MI~.NT entered illh~ thi~ ?_ d;,y of.~Z../.,.'.e ~-.~_ _. 199 ~. hclx~.¢en "lh¢ P:trlic.,,." .~(')[t']'ll FI.¢)Rll)^ WATER MANA(Hr:.MENT DISTRICT. a puh~-i-c cl~rl'~r:lllt)I1 created under ('h;ipler 3,"3 of Ihe i:l.rid;i .~lalule,,. whl),~e mailing address i~ ]31)l ('lub R-ad. Wu~l Palm Beach. I"h~r~da .~3416. Jlerl21nal'ler rel'crrmt I. as "I.I':,~,~EI.:." and ('()I.I.IILR ('()I '.~'l'"l'. ,i p~fllllcal ~ulxli~Hm ~d' Iht .~lah,' ~j I"l~rida. WJlJt~,e mailing acldrc~ i~ T,mliam~ 'I'~';HI l(a,,l. N;iple.,. l'l~rid.i 33112. herein;tiler referred 1. ~p, "I.i'~.~()R." W ITN I'.'S S l':Tti In con.~iderali{m ~t' the mutual covenants conlained herein, and olhcr valuable consideration, lhe Parlies agree ;is ARTI('I.F. !. Demu,,¢d I'remi,~¢~ I.Eb;SOR hcrchy lc;tEes Io I.ESSEE and I.E$SEE hereby leases from I.~;SSOR a I(~ali()n on Ibc II{}ffhea~l leg .f thc existing radio transiHl~sit)n lower I(~'alml al thc ('oilier C{}tmtv County Barn Facility kK'a;cd on ('Otlllty B;lrn R-;HI. Naples. Florida. for (mc (I) radio Irit~smissi(~;, anlenna al an clevalmn of approximalcl)' One lhmdred Seventy (17()) feel above-~round which is further described in Exhibit "A" which is ;roached hereto ;llld made a pan of Ihis LEASE. hereinafter referred m as d~e "Demised Premises." situated in the Counly of Collier and the S[a~c of Fh~rida. fi,r lhe s,le purpose of operaling an anlenna and related equipmenl fi~r Superviso~ ('-nln,I and I)au, ActltHsilion fi,r Ihe I.K~SEE'S Electronic Suppo~/Dala Acquisition Division. Thc I,ES$1':E shall operate one ( I } Decibel F'roducls Omnidirectional DB264 radio antenna ("Communications Equipment"). I,ESS()R hereby agrees to install the forgoing antenna for LESSEE operation. I,I':b;$EE is also granted a Three foot (3') by Three foot (3') ground space for a Six Foot (6'} lall equipment enclosure also noted on Exhibit "A" which shall be constructed by I,KSSEE lo house the Iransmitter and relaled equipment in the vicinity of the 1,1~$OR'$ existing transmitter building. Said equipment structure and its location shall be approved by I,E.g$OR under the terms contained in Article 5 of this Agreement ARTICLE 2. ~ I,I'k~SEE shall have and hold the I)emised Premises for a term of three (3) years commencing ~m tt~e dale in which this I.F. ASE ix accepted by the i,I,2',;S¢)R. I,I~$EE is granted Page I ol g. I.ea.~e N~. C-~.165 160 'Ibc oplion, prnvidcd il is nol in defaull of any .f Ibc terms .f Ibis I.F. ASE. Io renew same for -ne.(I) addid-nal ~erm .f ~hrec ~3~ years under ~l~e same ~erms and condim,ns as provided herein by giving wrmen n-lice of I.~:~SFE~ intention to do so ~o ~hc I.~:SS()R nol less than ~hiny days pri.r n. ~l~e e~pirati.n .f ~l~c Icaseh.ld estate hereby crea~ed .r ~he renewal ~crm thcn in effect. Said m,t~cc shall ~. cfi'cerise up.n placement .f the notice in an official depository c,f T'nitcd Sta~cs P-~t ()ffice. Registered .r ('c~ified ~ail. P-stage Prep.id. ih,lb I.!';.~.~!.;i.; and l.l'k'",;.~()R will he aih,~ed lo Icrmirmte ~t]is IoI'.'ASF. by providing ibc olher parly wilh Ihirty r?,OI day written re,lice. Said notice shall ~ el'feclive up.n placemenl of Ihe nolice in an -I'ficial depoxih~ry ~,f Ihe I ~mled ~l;lle~ Po~l ()fl'ice. Regi~lered or ('e~ified Mail. l'o~lage l'repmd. I.t:~NI.~E ~hall be granled an addili~mal ~ixly ~6(I) day~ lr.m lhe aforemenl~oned lhifly ~30) day n~,~ce per.hi. ~f rcqmrcd, in -rder I- <cure and reh~ale h, an ahcrnale sile for o~rations conducle(! al Ibc [)cm~cd I)rerni~cs ARI'I('I,E 1 I.E,N.NF;E hcrch~, ~.{,veilnrll,, nmi ngrce,, I{, pay ,,~ rent h~r Ibc I)cnn~ed I~remi~e~ thc amount of One Thousand lq~c llun(trcd Ih,liars and N~, ('cnl~ ~51.5(~L~11 f'-r thc f'ir~l year and fhe ~Unl -f Ten D. Ilurs ~md No ('erlls f$ IO {~)j annually Ihcrcal'ler a~ rcnl lo Ibc l}emised Premises. Full paymenf for fhe m~l~al Ihree ~.~) year ;l~rccITlVrll (crrll in Ibc ;IrTl()tlrll ~1' ()nc Thousand Five Jhmdred and 'l'~cnly Dollar~ and N. (;Chis f$1~2Oi~D ~hall he paid in full within thi~y days fr~)n~ I.F;NN{)R~ acceptance of' thi% Agrccmcm. Thc rent d.c f'.r thc renewal tern1, if cxcrc~cd by I.F~NEE pursuant I~) Article 2 ah~)~c. ~hall be thc sum (If Ten ii.liars and No Cents ($10.(X)) annually, Thc I.F;NNEE ~hall pay in full within Ih~rtv (30) days affcr the commencement of Ibc renewal fc, rnl ARTICI.E 4. Olher Ex.~ns¢.s and Char_m;,~ i.I':~SEE ,,hall pay ;ill legitimate ulilily charges pertaining ~() Ihe Demised Premises including, hul nol limiled lc) charges for gas. ele¢lricily, ligbl, heal. air condithming, power. ~,'aler. sewer and lelepbone or oilier cornmunicalion ,,crvices used. rendered or supplied thereupon or in conneclion will] Ihe Demised Premises. ARTICI.E 5. ~dificalions lo DcnUscd Prcnt~s~ Prior to rnakin~ any ch;,nges, alzerazion,,, additi.n~, or improvemenls to lhe Demised Premi~e~. I.~;~SFE will provide I. I.F;~S()R all pr-posal~ and plan~ for allcralions. improvemcnls, changes or additions lo Ibc [)cruised Premises fi~r I.~;~S()R~ written approval. specifying in wriling lhe nalure and extenl of Ibc desired alleration, improvemenl, change, or addilion, ah)ng with lhe conlemplaled sla~mg and completion lime for such project. I.~;SS()R or ils designee will Iben have sixly (60) days wilhin which n) approve or deny in writing said requesl for changes, improvemems, alteralions or addilions. I.~;gS()R shall not unreasonably wilhhold ils consenl t() required or appropriate alleralions, improvements, changes or additions proposed by I,~;NSEE. If after sixty (60) day~. there has been no response from L~SOR or ils designee to said proposals or plans, then such silence shall be deemed as a denial to such request lo I,FkgSEE. 4 I,ESSI.:E covenants and agrees in connecli.ns will] any mainlcnance, repair work, erection. I';Igt' 2 -! S. I.c,,,,¢ N~, 'con.,fruction. improvement, additicm or alterafic~n ~ff any authorized mo(ii,cations, addition~ or m~p:,vcmcnl~ lo Ih~ Demised P~emi~c~. t~, observe and comply wilh all then and ~u~urc applicable law~. ordinance, mlc~. rcgulafi,n~, and rcquircmcm~ (ff Ibc United Sla[c~ o~ America. ~lalc of Florida. County of Collier. and any and all governmental agcncic~. All altcratmn,,, m~pr-veme,t~ and ;nlditJ~,n,, made h~ Iht Demised l)remi~e~ ~hall ~ deemed the pr.~fl) ~l' I.F~5EE. Prl~r I~, the rcrminalion of Ihi~ I.EASE or any renewal lcrm thcre.f. ~r ~'~thm thirty ~.tO~ day~ thereafter. I.[:~SEE shall pr-raptly remove thc additions. lmpr~xc'lTlenl~, alteramm~, f~xmre~ ami ~n~fallafl~.l~ which were placed in. o~. (~r u~)n Ihe Demised l)remi~e~ b) i.F~NEE, ami repair ;my damage ~ca~.med to the l)enlised Premises by ~uch rem.~al; and m default Ihere. l'. i.F:gN~)R may c-replete ~aid rem.val~ ami repair~ al I,F2~S EE'S e x ~nse. I.FLNNEE covcnanls and agree', n.)t h, use. occupy, suffer ~r permi! said Demised Premises any p,r~ Ihere~fl' h~ he ,~c'd ~r ~.ct~pletl f'~r any purpt~e c~,,Irarv to law ~r Ibc rules rcguhfl.ms ~,l any public ;Itllhl~rlty ' ARTI('I.!! 6 A_cqL'5.s I9 I.E,'4NOR. ~1~. duly atJth~)r~/ed ;.gt'.l~.. repre.,e.f;.flve.~ ;trltl emph.yees, shall ha~c thc right after rcas~,nable m~lice f~ I.F~EE. [~ e.~er mt,~ .,nd upo, the l)emi~cd Prcm.~e~ ~r any pail Ihere~l al all rea~mahle h,~ur~ I'~r Ihe purp,~e ~,I' CXalllifllng thc same and I11;Ikiflg repairs or Pr(~vidlng ianiloriM service Ihcrcin. and l'~r lhe purpl~c~ of in~peclhm fl~r compli;mcc whh thc pr-v~.m~ .f Ihis I.EASi~ ARTI('I.F. 7. Assignmenl arid SubJ¢ilm_~ I,E,~SEE covenanls and agrees n.t to as,dgn this LEASE ,r to sublet thc whole or any pan .f the l)cmiscd Premises. or Io permit a.) -d~cr persons to ~cupy same without the writtc~ consent of I.~;SSOR. Any such assignmc.t -r subletting, even with the consent of I.~SSOR. shall not relieve I.[~SSEE from liability fl~r payment .f rent ~r other sums herein provided or from the ~hligation to keep anti be hound by the terms, c.nditions anti covenants of this LEASE. The acceptance ~,f' rent I'mm any c~fl~er per.~,. 4~all m,I be deemed fo, he a waiver of' any or the provis/~ms ~ff this LEASE -r m he a c.ti~en; h, dw assignment .f this LEASE ~r ~ubletling of the Demised Premises. ARTIC'IJf 8. I.I':~;SEE is self in%urcd for its Ii;al, lily exposure under Florida Statute 768.28. with limits of $1(X).(XX)/$200.O(~. In addilmn. I,F~.gI.:E shall provide and maintain Worker's Compensation Insurance covering all cmpMyces meeting Statutory I,imits in compliance with the applicable State and Federal laws. The coverage shall include Employer's Liability with a minimum limit of One llundred Thousand Dollars and N. Cents ($100.000.00) each accident. Evidence of such self-insurance shall he provided to the Collier County Risk Management Department, 3301 East 'l'amiami Trail. Administration Building. Naples. Florida. 34l 12. prior to the commencement of this I.EASE AGREF. MF. NT; and shall include a provision requiring thin.,.' (30) days pri.r written notice Io Collier County c/o County Risk Management Department in the 4 I',~ge ';. -I 8. I.ea~.e N(. C-8365 160 'evenl of c'ancelhlti(m .r change~ in p.lic'y(ies)coverage. N.thing conlained iT1 thi.~ I,F,A~i.: A(.iRF, F, MF, NT shall be construed ,r inlerpreted :Ts (I) denying I,I.~SEE any remedy or del'en.~e availatfle it under thc laws of tile .~tille of Florida; (2) Iht consent of I,I~",;,~I.:E or ils agents al'Id agencies to be sued; or (3) a waiver .f s,vereign immunily of I,E,¢;SEE beyond the waiver provided in Section 76N.2g. l:lorid:T Slalules. ARTICLE 9. Maimenanqc_ I,E,SSEI.: shall, ill its sole cost and expense, keep tile Demised Premises clean :it all times. If said Demi.seal Premise.`; are not kept clean iii the opinion of I,I'~SOR. I,I'~SEE,'S manager will he so advised in writing. If corrective aclion is not taken wiihin twenty (20) tlay~ of the receipl -f such notice. I,I,~,',;OR will canse tile same to he cleaned and corrected and I,lk',;SEE shall as.,;ume and pay all necc~;sary cleaning c,.,;ts and such co.,its shall constitute additional rent which shall be paid by I,F,,";SI.~i,; within ten (I()) days o'f receipt .f wrilten n.tice .f c-,;l~ inet, fred by 1,I~',;$ OR. The i,F,,~,',;I.:I.:, at ils s~lc c.~t. shall repair all damage to the Demised Premises caused by I,E,',;$EE. its employee~,, a~cnl.,,, lmlcl~endent contractors, guests, invilees, licensees, or palrons. Thc I,E,~SEE. at it.,; sole c-st. shall rclltt)vc from thc Demised Premises iii accordancc with all applicable rules, laws and rcguhit,ms, all .,;.lid. liquid..semisolid, and gaseous trash and wasle and refuse of tiny nature whatsoever which might accumulate and arise I'ronl the operations of tile i,I~;SEE,'~ busines.,;. ~uch trash, wasle anti refuse shall be .,;Iored in cl-sed containers approved by tile ARTICLE 10. Default by I,ESSEt'~ Failure of I,E,~SEI.: to comply for ninety (90) days with any material provision or covenant of this I,EASE shall constitute a default. I,I':.'~SOR may. itt its option, terminate this LEASE after thirty (30) days written notice to I,I':.";SEE, unless the default be cured within the notice period (or such ;.dditi.nal lime ils is reason:tbly reqnired to correct such defimlt), ltowever. the occurrence of any or the following events shall constitute a defimlt by I,t.;.~SEE. and this LEASE may be immediately terminated by I,I';SSOR: (a) (b) Ahandonmert! of I)cnliscd Premises or discontinuation of I,i':.~SEE,'S operation. Falsification of I,i'2JSEE or an agent of LESSEE of any repot1 required to be furni.shcd to I,E,";SOR pt. rsuant to thc terms of this LEASE. (c) (d) Filing of insolvency, reorganization, plan or arrangement or bankruptcy. Adjudicalion as bankrupt. (e) Making of il general assignment of the bcnefil of creditors. (f) if I,E,~,',;EE suffers this LEASE to be taken under any writ of execution. In the event .f the occt. rrence of any of the foregoing defitults in ~his ARTICLE I0, i'ag¢ 4 l[|lI X. I,ca,se No. C-1'1365 I,FL~SOR. in addition to any other rights and remedies it may have, shall have the immediate righl to re-enter and remove all persons and properly from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at Ihe cosl of and for the accounl of I,Fk~SEE, all without service of notice or resort Io legal process and without being deemed guilty of ~re~pass. or being liable fl.' ;my I.~s .~r damage ~vhich may he occasi.med thereby. Thc I,I'~SSOR may al its option terminalc lifts I.EASE after receipt l~y I,F~SSEE of thirty (30) days notice in writing il' ii lien is filed against Ihe leasehold interes! of Ihe I,I'~gSEE. and removed wilhin thirty (30) days. purs.ant lo tile Florida Mechanics I.ien Law. ARTI('I.E II. Def'aul~ by LF. SSOR I.E.',;S()R ,,hall in no eve~lt be charged with del'atilt in the performance of any of its obligation~ hereunder unles~ and until l.FkqS()R shall have failed to perform such obligations within thinx (3()~ days (or such additional time as is reasonably required to correct such default) after IlOIICe Io I.F~SOR by I,F~%SEE properly specif'ving wherein l.l'kggOR has failed to perflmn ally such obligations. ' ARTI('I.I~ 12 ~oticxL,~ Any notice which I,F2,iS()R or I,I'iS;SEE may be required to give to the other party shall be in writin~ to the ()tiler party at tile following addresses: I,i'~SS EE: FJoard of ('OIHlly Commissioners c/o Real Property Managenlent I)ept. 3301 Tamiami 'Frail East Adminislralion Building Naples. Florida 34112 So,Ih Florida Wilier Management Dislricl 3~O1 Gull Club Road Building BI West l'alm Beach. Florida 33416 Allenliofl: Procurenlent copy: ()fl'icc of thc County Attorney Radio Communications Manager All notsccs 41all be effective tq'~otl placement of no]icc in an official depository of the U.S. Post Office bv registered or certified mail. postage prepaid. ARTICI.E 13. $,rrendcr of Premises i.E.'gSEE shall remove any improvements completed by i.~2~SEE prior to the expiration of this I.EASE and shall deliver up and surrender to I.F1~SOR possession of the Demised Premises and any improvements not removed upon expirati(m of this LEASE. or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencen~ent of the term of this I.EASE or may have been put by I.F~SOR or I.[Z~SEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond I.~ZSSEE~ control excepted. I)age 5 of 8. I.e;t,,e N,, C-X3t'~5 ~.' ' ARTI('I.i': 14. General l'rgvi.~i.ns 160 I.I';,~$EE fully understands that Ihe police and law enfi)rcemenl security protection provided by law enforcement agencies fl~r the above-referenced Demised Premises is limited t, thai provided lo any other hu~inexs ,r agency situalcd in ('oilier Counly, and acknowledges that any special security measures deemed necessary Ibr mldilional prolcclion of thc Demised Premises shall be the ~ole responsibility and cost of I,[~SEI.; and shall inw~lve no cosl -r expense to I.F~SOR I.I,~$EI.; exprc.,;xly agree~, for itself, its succcs.~.r and re, signs, lo refrain I¥om any UKe thc Demised Premises which would i.lcrfcre with or adversely affect thc operation maintenance of i,I';,'";,qOR~ 'mind:ltd opcrati.n.,, where other operations share cnrnrm'm fi~cilities. Rights n.t specifically granted I,i'3S!.:!.; hy Ihis I,I';ASF, are hereby reserved (b) It is thc intent and untlcrstanding of thc I'artic~ thai this I,I]ASE AGREEMENT is solclx for thc benefit ,f I,F~S()R and i,F~SI.:I.:. No pcrx(m -r entity other than I,I~SS()R or I,F~SE[~ shall have any right~ .r privileges under this I,ILASI~ AGREEMENT in any capacity whatsoever, eiltler as third-party beneficiary .r-thcrwixc. ' ARTI(71,E 15. J~nvironmcntiil I,l';qSl.,'E rcprcscnls, warrants and agrees to comply with all fecteral, state, local or relating to p()lluti.n or prolc'clitm ~1' Ibc environment. ARTi('I.E 16. Interfcrencq I,E,qSEE covenanls and agrees Ih;il l.i'~,";.~l']l';'S Communication Equipment, its installations. operalion and maintenance will: A. Not irreparably damage I,I';,SSOR,'S radio transmission tower structure and accessories thereto. B. Not interfere with the -peralion of I,I.;,SS()R',~ radi(~ equipment or other current or future lenanl,: ,n said tower. In the event there is intcrl'crence by I,I'~SSEE, I,E,~;SEE will promptly take all steps necessary to correcl arid eliminale s~.me within a reasonable period of time. If is unable to el;rtl;hate such interference caused by it within a reasonable period of time. I,ESSEE agrees lo rmnove its antennas fi'om I,I&'gSOR'S pr.perly and this Agreement shall terminate. Not interfere with the maintenance .f' i,I';~NS()R'S tower and tower lighting system. !). ('.reply with till applicable rules and rcgulati.ns of the Federal Communications Commission and electrical codes of the City ;,nd/.r St;tlc concerned. Page ~: :,I X. I.east' N:. ('-g365 t.. ' ARTICLE 17. Radon Gas 16g In compliance with Section 4[)4.056, Florida Statutes. all parties arc hereby made aware of the following: Radon is a mlturally occurring radioactive gas thai, when il has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. l.eveis of radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radm~ testing m;,y be obt;,ined fron! yca,r county public health unit. ARTICI.E 18. ExterlL.0ll,.[c~ All persons to whom these presents may come are put upon notice of the fact that the interest of the I.[;gS()R in the Demised Premises shall not be subject to liens for improvements made by the I,~k~SEE. an(! lien~ for improvements made by the I,~k~SEE are specifically prohibited from attaching to or becoming a lien on the interest of thc I,~kSSOR in the Demised Premises or any part of eilhcr. This notice is given pursuant to Ihe provisions of a{ld in compliance with Seclion 713.10, Florida Slalutes. ARTICLE 19. ~~.~ This I.EASE shall become effective upon execution by both i.,I'2';SOR and I.ESSI,;E. ARTICI.E 20. ~ This LEASE shall be governed and construed in accordance with the laws of the State of Florida. In the event that it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in Ibc Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. ARTICLE 21. Miscellane0~,~ This Agreement may he amended only with written approval of the Parties. Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay irt thc performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of thc public enemy, unusually severe weather, outbreak of ',var, restraint of Government, riots, civil comm()tion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherv,,isc remain in effect. LESSEE shall have the right to terminate this Agreement for convenience, at any time, by providing thirty (30) days prior written notice to LESSOR, if LESSEE detem'fines that to do so l';,ge 7 of 8. I.¢ase No. C-8365 160 V" is in the best interest of the I,I-kqSEE. At such time, I,F. SSOR shall be relieved of any and all future obligations hereunder. seals. IN WITNESS WHERE()F, the Parties hereto have hereunder set forlh their hands and AS TO THE LESSOR: ATTEST: DWIGHT F., BROCK, Clerk . Deputy-~k BOARD OF (;OUNTY COMMISSIONERS COI.I..IER COUNTY, FI.ORIDA AS TO LESSEE: DATED:_ SOUTtt FI.ORIDA WATER MANAGEMENT DISTRICT, TNESgT~T~natu re) (print name) WITI~SS (signat. ure) (print name) Michael Slayton. Deputy~xecutive - %/.~, Approved as to fl}rm and lega! sufficiency: . · '~'~" ........... '-'- t · ~'. ~b~ & Assistant County Attorney Director Legal Form Approved SI:WMD Office of Counsel t ),,.,.: : 72-/?- ?? Page g .f 8, l.ease No. C-8365 / County Barn Rd. Proposed Slq~fD Equtlment /' --F RESOt, UTION NO. 98- 58 A RESOLUTION APPROVING THE EXPENDITURE OF FUNDS FOR T-SHIRTS AND TROPHIES ASSOCIATED WITH COUNTY STAFF PARTICIPATION IN THE 1998 WALKAMERICA CAMPA1GN PURSUANT TO THE PROVISIONS OF COLLIER COUNTY ORDINANCE NO. 87-5. WliEREAS, Collier County Ordinance No. 87-5 states that the Board of County Commissioners shall adopt a Resolution authorizing the expenditure of County funds for valid and proper purposes; and Wll EREAS, the Board of County Commissioners recognizes the worthwhile goals of the March of Dimes and the positive effects of County employees participating in WalkAmerica to help fight birth defects. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board hereby authorizes the expenditure of funds in an amount not to exceed $1,000 for the purchase of T-shirts and trophies for participating county employees~1998 WalkAmerica activities. This Resolution adopted after motion, second and majority vote. Dated: Attest: DWIGHT E. BROCK, CLERK / Approved as to form and legal sufficiency: David C. We;gel County Attorney BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA BOARI) OF COUNTY COMMISSIONF. RS MISCELI.ANI!OUS CORRESPONDENCE MARCll 3, 1908 .FOR BOARD ACTION: I. MISCELLANEOUS ITEMS TO FII.E FOR RECORD WITII ACTION AS DIRECTED: 2. Minutes: A. Pelican Bay MSTBU AdvisoD, Committee - minutes of January 7 & 26. 1998 and agenda for February 4. 1998, Referred to BCC. COLLIER COUNTY GOVERNMENT PELICAN BAY SERVICES DIVISION 801 LAUREL OAK DRIVE SUITE 605 NAPLES, FL 34108 (941) 597-1749 FAX (941) 597-4502 A CF. RTIFIED BLUE (:HIP COM,%tL,~ITY NOTICE OF PUBI, IC MEETING NOTICE IS ttERBEY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER, 8962 HAMMOCK OAK DR1VE, NAPLES, FLORIDA 34108 ON Februar)' 4, 1998 at 3:00 P.I%I. AGENDA 2. 3. 4. 5. 6. 7. 8. 9. Roll Call Election of new Chairman and Vice Chairman for 1998 Approval of Minutes of' the Januat3. 7 and January 26, 1998 Meeting Update on the Clam Bay Restoration and Management Plan - T R Brown Discussion on the Oakmont Lake and Ridgewood Drive lighting replacements Discussion on Year End Report Audience Participation Committee Requests Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY ADVISORY COMMITTEE, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND TItAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Misc. Corres: Norris ~',/ -- Date:. Constantine ~,/' i~err7 _ , [// - r', ..... c TO.' 1661 wt Naples. Florida Sanuan.' 26. 1998 LET IT BE KNOWN. lit:Il the Pelican Bay MSTBU Advisory Commiltce met in Spccial Session on this date ;il 9:0() AM. nt lite Fotmd:ltion Center, 8962 Hammock Oak Drive. Naples with the following menlbcrs prcscnl: Dr. Ainu \tarlcy. Chairman Mr. George \Vcrncr. Vice Ch:tirm;in Mr. ThomilS Bro~xn Mr. Rodkcy Crmghc;ld Mr. Frederick FlallO (abscnl) Mr. Edx~:lrd Gril'l~lh Mr. Glen ilarrcll Mr. Hcrbcrl Hasson (absent) Mr. Gcorgc I lcnnanson Mr. John [-Io.~1 Mr. Russell Mudgc Mrs. Corn Oblcy Mr. Anthony Pircs Mr. Clmrlcs Popper Mr. Bcrnon Young ALSO PRESENT: klr. J;mlcs P. \\';ird. Division Administralor and Mrs. Barbara S,nith, Rccording Sccrcl;l~'. AGENDA: Roll Call Discussion or lhc appoimmcnl of members of thc Pclican Bay MSTBU Advisory Commillcc Io Ihe Coil III.Y Commission Adjourn ROI.I. CAI.I.: Dr Varlcv c:lllcd lhc tnccl,,ig Io order and asked Ih;il thc Record show Messrs. Ed Griffith. Fred Flatto nnd [lcrbcr! Ihisson x~ ilh excused absences. DISCUSSION OF TilE APl'OINTMENT OF MEMBERS OF Tile PELICAN BAY FISTBU ADVISORY CO?.IMITTEE TO Tile COUNY COMMISSION: Dr. V:lrlcy stated Ihllt x~c hqvc received a Icllcr rroni lhc Counly Allorncy's Omcc which gocs otll or ils x~,;l',' [o nt;ikc cie;Ir Ih;il our rccommcud;lllons ;irc riot cilher needed or Ilecess;ll?. Il also reminds us again th;it thc (.'OtlliD, Cotilttltssioll is under ilo obligatiou to pay ;lily attcittion to 'vrhat it is Ih;It 'P.'c ,'Irc recommending. It then goes on lo say Ih;it in their opiuion it is pcr£cctly legal and it docs adcquatcly compl.,, with thc Sunshine Lave. but ncvcrlhclcss because wc didn't discuss Ibis in an open meeting, it is lily undcrstandirlg thai thc Collnl Allorncy ~v;tnts us Io have ,3 meeting and discuss il fOr Ihc record. I am not n! ;ill convinced Ih:il v~'c ;irc uol making Ii,ore of this Ihnn is really wnrmnlcd or wise nnd ! have some rcscr','iltions ;Is .~ ou knox,. ;ibo,[ ~¢lllllg inlO ii big discussion about these kinds of Ihiugs. Dr V;Irlcy COnllm,cd Ihat jils! il b~l o1' other background lhal I t'ccl is intporlaul, is thai thc 1990 Ordin:mcc Ihal crc;lied Ihc Ad,, iso~ Conunittcc st;Ired Ih:Il a ntcmbcr cnn bc rc-nppoinlcd by the Board of -2810- PELICAN BAY ADVISORY COMMITTEE JANUARY 26. 1998 Commissioners For one successi,~ ¢ I~:rm il' Ihcre ;irc no olhcr qualified applicants. One .,.car ago when our recommendations were fo~:~rclccl. Ms. Filson quoted a 19g60rdinnncc that said all County Adviso~' Boards had terms of o~cc x~hcrc Board Members should bc limited Io Ix~'o consccutivc Ic~s, but rcmindcd Ih:~l could bc ~vaivcd by unanimous vo~c or Ihc County Commission. !~ is mF understanding that what xvc arc doing this morning is firsl o~ all. do we wish Io makc an)' rccommcndalions at all if it is going lo bc such a big flm~g. II is not ncccssaD' and iflhcy nrc not going Io pa~ an~' atlcl~tion, do wc wahl Io n~:~kc :~x rccommcndalions. Irso. do ~ot~ still agree xvilh risc balloling Ihal Fou scnl in. If~'ou do, Ihcn x~c :irc finished x~ iIh Ih:il unlcs~ ~ou x~:m[ Io comnlcn[ on lhis business orqualificalions of candidalcs. Nlr Wc~ncr slillc(I Ih:il flus is riel parlicular Io fids Board. I ll~ldcrSlilnd Ihis was a sl~llce epical b~' Ihc Commission and is applicable IO all ach'iso~' boards. Dr. Varlc~ asked ir Nlr. ~Vcrncr mcanl having a special mccling? Mr. Wcrncr replied nol accepting ll~c mail in b~fllols. Thcy wan~ you ~o go on record. Secondly, I would like Io conlinuc Io sec lhc CommiHcc conlinuc Io bc involved in lhc rccommcndalions for placing people on Iht Colm~fillcc. Klr. Wcrncr s[;liccl Ihal hc xo~cd on Nlr. Kludgc :Is one of his rccommcndalions, bu[ Ihcn ! ~nxs' his Nlcmor:mdum and asked if Ih:il could b~ cleared up. Nlr. Wcrncr asked Mr. Mudgc ir hc still wnnlcd rcm:~in on Ihc Con,millet? ~Ir. Nluclgc replied Ih:il hc did i haxc c~Uo~cd working on Pelican BaF issues as an cl~lcd member of Ihc Pclic:m Bay Improvcmcnl Dislricl Board of Supc~'isors, as a panF !o lhc suil ngainsl Ihc Counlx x~hcn PBII) sx;ls I;ikell oxcr. ;llld ill SOIIIO X~;IXS I ]1;1¥0 11OI ;lll~;l?S bccll real popular with so~nc of thc COIIIll)' Commission and I c;In undcrst;tnd Ih;il Thc Board of Su~'isors ~'crc fighting for Ihc of Pelican B;i)'. Things ;ill x~orkcd Otll fairl) well and I lhink xxc gel along prell)' xscll now. I ~xould like conlinuc lo sc~c. As )ou m;~v know ! xxcnl lhrough ;i ralhcr tough )car las/)'car and I want Io k~p bu~'. bul il is tip 1o Iht Board if linc)' ~xanl lo support mc. Iflhcy flfink ! should not mn again, th;Il is fine I~. 1 xsill conlinuc Io give mF cfforls Io Iht bcsl of Pelican Mr. Wcrncr asked if fl~crc x~crc Icrlll limits? Mr. Ward replied -2gll- PELICAN BAY ADVISORY COM,~II"I-FEE JANUARY 26. 199g Mrs, Oblc.x Sl;llCtl Ih;H she £ccls *Ir. Mudge's background ,qnd cxpcricncc is a value Io the COllll1111lee :llld x~,Otll(I hope Ih:it lie Call CoIHilIII¢ OI! thc COlIIIIliIICC. Mr. Ward explained that he would explain thc issue in a little more global situation. When you arc dc;fling x~ilh ~l~c Sunshine I.aw in thc Slate of Florida. most of thc attorney's that I have x~'orkcd with can be somcxxhat conscn'atixc m our applicalion lo the Sunshine Law. Thc Sunshine Law reflects on you as an individtml, not on us as an c~Hilv. [t~ thc event Ihal something goes wrong, what generally hap~ns is fl~at you as an radix idu:fl arc charged xx ith thc violation and that poses both criminal and civil ~nallies or a polcnlial for tl~osc penalties 'against you, In my understanding in some of the coufl decisions that have come dow .. xxc tend Io be a little more consul':Hive in Icrms of indicating Ihal we ID' Io get most or :ill of Iht (liscus~on lhat Iht Boarcl has. oul in open uolicc of public meetings. I think what Iht County Allornc5 's o~cc ~s mcliCal~ng ~o 5ou ~s lhal although thc tcch.ical application that xvt have proposed for Ibc rccommcncl;~mn Io Iht Adx lso~ Committee xxas legally su~cicnl to meet the requirements imbed bx Iht Sm~shinc l.ax~, that thc5 xxould more feel comfortable in not having to rD' and defend the techmcal applicalion of thc Sunshine Laxx. Thc~ would like lo prolccl you in Icrms of insnring Ihat xvhatcx'cr you do could never bc chMIcngcd in terms of what Ih:H recommendation is Ihal ~ou put bcffore the Board o~ CoutHx Contmlss~oners. Th:~l ~s xxhal lhcy arc indicaling 1o )ou for your benefit as Ihis Commillcc and my understanding as ~o hoxx xxc apply Ibc Sunshine Law al least across Ibc Stale. Mr. Wcsgcl cxpl:fincd d~at Mr. Ward explained some of Ihe issues and concerns. Mr. Ward had made a Rcques~ Ibr Legal Sec'ices of our o~cc ~o ask about and was pretty specific abo.t the pr~cdure that was COnlcmplalcd bx Ihis Committee in regard Io ~ddressing fl~e recommendations for thc filling of vac:mcics, Our off'cc responded b5 Memo response ~xlfich did follow Ihc Sunshine Law. 1 had even rcxicx~cd Iht mcmor:mdum bdbrc bcmg issued xxilh regard Io thc practice of thc individual momars of Ibis CoHiitlillcc providing m a xxrtltcn form. a selection or recommendation for Ihose ~rsons ~ing recommended :md there was no issue or problem xxhalsocxcr. I did not understand that Mr. Ward as Adminislralor of Iht Committee xxould not be bringing il by Iht Commillcc to ultimately ~ p~scntcd to thc Board off Counb Commsssmucrs. When Ihal was el:rafted, my thought was Ihal the Board of Count' Commissioners has been through :~ rather similar process as this a year ago which had Io deal with the PEt. leAN BAY ADVISORY COM~IITTEE SANUARY 26. 199g solicit;ilion and rccomn~end;llmn p~:ocess thai tile Bo;Ird of County Commissioners utilized themselves in thc sclcclion of thc Comtly Adminislralor. You mn)' recall Ih:il thc ncxvspapcr talked abot[t workshcels or ballots [ bclicxc by thc tdlm~alc review Ih;it occurred by Iht State Allorncy a[Id discussion Ihal [ lind m} sell' x~ilh Iht Allorncx General's o~cc. linc Board ~;~s tcchnic~fll~' corrcc~ in ~ h;ll Ihc)' had done. Thc acuons ~crc dcl~ns[blc. Al Ibc iii[lie lime Iht Board. Iht County and Ihc Cotlnly Altornc)"s O~cc were placed under sonic SCmlinv and I Ihoughl a less lhnn fiwornblc in~crnalislic rcvicw because of thc fine poinls mccling [l~c Icchnical rcquircmcnl la~vs and Ihc pcrccplion of Ihc Govcrnmcnl in Thc Sunshine L:l~. In Ihc cimc oF)our Collllllillec. I believe Ilml Ihc proccd,rc thal )ou implcmcnlcd would havc ~cn dcl~nsiblc mid x~c Iold )ou so. bul I believe Ih:il pcrh:~ps ~c x~ol~ld bc bcilcr sen'cd if in filcl )'ou rcvicw thc m:llcrlals lhal go Io Iht Board of Coumv Commissioncrs and lhcrc will bc no possibilily of any a~cr thc fact bx' olhcr so,rccs, thai Ihc Sunshine L~lw xv;is not ulilizcd and inco~oralcd in crcD' aspccl of Ibis panic,dar rccommcnclalion proccss. Lns~ Fall. a slaff liaison had individtmll}' pollcd mcmhcrs of Ihc Committee and ~:~s collccling Ilml malcrial mid reporting il back Io Iht Board of County Commissioners. Thc l~oard of Counlv Com~l~issio~crs ill discussing Ihis agenda item xxerc a lilllc uncomfo~ablc Ihal all adm[i~i~Irallxe con,millets ;md boards Ih;~t arc crcalcd ;Irc rcally supposed Io x~'ork ~n n collcclivc mede ;md Ihcrcforc ;~(l(hlion:d recommendations should pass Ihrough Ihc collcclivc bods' before going Io ihc Board of Cotllll~ Colllll~isSiOllCrs I~r fill;Il rccommcndalion. Commissioner ttanc~k indicatcd thai hc prcfcrrcd Ihal rcconmle~)d;llions Ihal come lo lhc Board of Counly Commissioncrs from advisoD' commiHccs x~otdd in fi~cl have been rcxicxvcd or passcd bF Iht commillcc :ts a x~holc. That puls Ihe mcmbcrs invoh'cd in a slighll)' morc uncomfortable posilion because you have to morc publicly talk a~ul rccommcnd:~lions or lack of rccommcnd;~iion nol only for polci~lial llcxv persons, but also pc~ons Ih:Il ~rc subjccl ~o rc-sclcclion. I c:m undcrsl;md lhc discomfort here. It would bchoovc this Commit~cc as wcll as all olhcrs Io usc [he collcclivc commiilcc conccpl ifFou choose Io make a rccommcndalion Io Ibc Board of Co[llll~ Commiss~oncrs. Mr Wcigcl il;lied lh:~l in ll~c next few daFs he is going to bc rc-publishing a kind of"how Io" x~i[l~ rcgard lo ~hc S,nshinc t.ax~. O~hcr memos coming o,l vc~' shonb' xsill include Iht gi~ law and public record lax~s -2gl l- PEI.ICAN BAY ADVISORY CO.XIXIIT'TEE JANUARY 26. Dr V:lrl¢.,,~ asked X~ilh Sir. Wctgd ~f lus x~sh ~:ls for us Io sla~ ovcr ag:~in x~ilh a vole? Mr. Wc~gcl rcplicd th:~t Ihcrc ~as somc flcxibilil~' thcrc. Thcrc was an agcnda p~ckagc crcatcd through klr. Ward Ih:il X~:lS IO go !o Ihc Board ofCounly Commissioncrs. Ir)ou wish to gct this on ncxt Tuesday's :,gcnd~ [ think Sir. W:~rd and ! cnn fi~shion nn approprinlc Exccutivc SummaD' itcm that cxpla,n~ an actmn tod;~ ~hcrcb~ ~ou Sla~cd frcsh or ~'ou i~1 filCt rcvic~v tll:llcri:lls in Iht previous agcnda ilClll {llld 1111~ nlodificalions )ou nla)' ~ll:lkc Io Ih;ll. [ IlCCd to merely ;l~rlll Ih;il Ihis is ~vll~t Ibc Co~nmiltcc ilsclr ~ ishcs. Thai is I~ol x~ ilhsla~di~g [h~ facl lhal )otl :is a COl~llllillcc I1~:1)' wcal tiffs a diffcrcnl way. As a Commnlcc )on haxc fl~c ;~bihl~ lo fine lunc fins. bul il is probabl)' a bcllcr praclicc Ih:il Ibc Co~nmillcc Ih:il is hcrc do Iht fine Nlr. W:,rd sl;~lcd Ih;H Ihcrc arc lhrcc pcoplc nol hcrc d:u Ih:II hild Icndcrcd i~ rccommcndalion and onc hcrc Iodax' x~ hich had nol Icndcrcd a rccommcndafion N1r Wc~cl slalcd Ih:II h~s prcrcrcncc Iod:ly ~ould bc [hc discussion !~ slarlcd rrcsll ;Ind )our rccommcndalion :~s submillcd in Ibc pas[ bc uscd as )our kcyslonc Io sla~ from. Nlr. Wcrncr askcd Nlr Wcigcl is flscrc was a limil on fl~c numbcr of Icrms a ~rson can sc~'c on ;in adx.isoD board? Kit Wc~pcl rcplicd Ih;~[ Iht lilnH:lliOll Is Ix~o normallF, ho~xcvcr [he Bo:~rd or CounlF Commissioners max in ~ci go bc)ol~d lhal and rc:~ppoinl somconc for an addilion:fl lcrm ~f linc)' ch~sc Io do so Nlr. Young slalcd Ih:il Iht conclusion [odav is Ih:~l il would appcar [hal wc :Irc unanimous Ih:~[ wc would likc a member Io scnc morc Ih:ill [~o Icrllls.. [hal would lhcn havc Io bc s~cifically in Nlr. Wuigcl replied Ihill ~otl :Is :1 Co~illcc do IiO[ h;IvC 1o bc lill:lllilllOllS Io rcco~nmcnd lhal SOlllCOllc scBc IliOrQ Ih:Ill [%%o Icr~ls. As ;I uollccl~xC BO;ltd )Oil C{lll Iil;ikc Iht reconlmcndation that someone sc~'c ;m addilional Icrm bc)ond Ihe lim~l;~tions. Il is Iht Board of County Com~lissionc~ unammousl) hax c IO acccpl Io rcappoinl a member. Mr. Young si;lied Ihal ~ould ha~'e lo be hOled in Iht Excct~livc Summa~' for this Io ~r. PELICAN BAY ADVISORY CO.XIMITTEE JANUARY 26. 199X lXlr. Wcigel staled Ihal Ms. Filson is vet).' knox~ledgcabl¢ of coordinnling Iht information from thc commillccs ;md gcUing i~ Io Ihc Board of Cotmly Commissioners in thc Executive Smnm~fics. Dr. Varlcy slated lh;~l Iht problem he has is x~ilh thc issue. Wc have kind of an cxtraordinn~' silunlion in terms of an individual who ~s vcD' ~cll qualified Thc Ordinance that crcnlcs Ihis Commillec m;~kcs Iht s1:11c111Clll Ihnl a member of Iht COllllllillcc Ill;I)' bc rc-nppoimed by Ih~ Board o~ Coumy Commsss~oncrs Ibr one successive Icrm ~f lhcrc arc no od~cr qualified applicanls for fl~e ~silion. things Ih:il r;llsc alt ~ssl~c i~1 m~ mind arc. ~s Ih;Il succcssixelv a one term. or is lh~l one ~ lorn1 Thc oll~cr ,s. do ~c haxc Io dclcrmmc Ih;il Iherc arc no oilier qualified applicants'.) I have trouble Xx~lh bolh of lhc,c Nlr Wc~cl ~lnlcd Io m;ikc Iht iot~ c;~,lcr on xou. ~Oll do nol h;l~c Io dclcr~llll~c Ih;il Ihcrc IS no olhcr qunhficd person Th;si is ullum~lck dsc Board of Counlx Commissioners dclcrminalion. This idea of ;~dx ~so~ co~nt~Hccs making recommcndal~ons ~s re;db nol provided for m ;In ordinance. This pr~css Ih;il }ou h;Ixc bc~n asked Io do docs nol haxc ~o b'c as specific, because Ihc decision will ullimnlcly rcsl x~flh Iht Bo;ltd ol'Co~nH~ Commissioners Dr V~n'ley asked ifxxejusl igllOfe Ih:W~ Mr. Wc~gel replied lhnl )our :~re kno~sledge:~ble of il bul )'ou do nol hnve Io make a Ihal someone is unqualified. Dr. Varlev asked Ih;il ill 1996 Ihere was somelhing done wilh respecl Io limilalions ~nd asked Ih;il ;~pplied Io us since Ibis Com~llillee xs;Is ~Ol formed m~lil 19907 Mr. Wclgel replied Ih;~l il does. Il applies Io Comnlillees Ih;il cxisled al Ihal lime and any subseqUCnl Comm~llees. Dr V;Irlex Slnled Ihnl fl~cre are mo ~axs of doing lifts We can start discussing lhe applic~nls or j~sl go :lrotmd IO see if lin)hod) ~s:mls Io ch;rage lhor xole. Mr. Wcrncr sl:~lcd Ihll[ Ibis xv:ls dtso[sscd al Icnglh ~l at~olhcr mccling and mthcr than gel into thc pros :,~d cons of Ihc individual :~pplicams. if xvc arc going to do this in a public sctting xvt just indicate our choiccs and not gixc Ibc rc:lson xxhv. -2~15- PELICAN BAY ADVISORY CO,X1NIlT'FEE JANUARY 26. III Mr. Ward st:lied lhat if.rod want lo do that il is fine. but with rcspccl to thc recommendations b.v Mr. Flallo. NIr. Gri~ll~ and Mr, Hasson, x~hclhcr or not you wnnt lo usc lhosc rccommcndnlions x~ll affect how I send {his lo {hc Board of Cotllll)' Commissioners. Dr, Varlcv Slated that his undcrslanding from thc Cou{{tF Attorncy was thai xvc should sta~ with just Ihc group hcrc IodaF. Mr. Wc~gcl :tgrccd. N{r. Plrcs staled th:it his concern is Ihal Ihc Ihrcc individuals wcrc a par of Ihc pr~css and am now bcmg excluded from Ihc process b)' nol being able lo usc Ihcir rccommcndalions. Dr Varlc) Slalcd thal ~c arc tip ;I trcc again. Wc have Io do il bF ballot and in a mccling and ~1c~ cr I~;~'C ;HI al)solute altcnd:lnCC al ;I mccling, so somebody is going to be Ic~ oul. Mr. Bro~n Staled Ihal Ihc lhrcc pcoplc Ihnl arc [lO1 hcrc have indicalcd ill writing their choiccs, so )ou havc cvc~ bod) here, plt~s Ibc lhrcc Nit. Wcr~tcr SlalC(I Iltal ~c shotdd follow Ibc ;lllorl~cx's rCcol~llllClld;lliOll. Dr Varlc~ slalcd Ihal x~c should COnlm~c and poll cvc~'onc individuallF. Dr. V~rlcy askcd if Nlr. Wcrncr xxantcd Io change his ballot? Mr. Wcrncr replied lhal hc ~ould hkc ~o recommend Mr. Harrcll. NIr. Rocllig, Mr. Mudgc. Cornelia Krcigh and XIm~rccn NlcCar~hv Mrs. Oblcx recommended N]r tfarrcll, Mr, Rocllig. Mr. Carroll, Mr. Mudgc and Cornelia Krci~h, Mr. Plrcs rccommcndcd Mr. Harrcll. Mr. Rocllig. Mr. Carroll. Mr. Mudgc ~nd Mau~cn McCanhF. Mr. Popper recommended Nlr. Harrcll. Mr. Rocllig. Mr. Carroll. Mr. Mudgc and Maur~n McCanhF. Mr. Harrcll rccommcndcd Nlr, Itarrcll. Mr, Rocllig. Mr. Mudgc. Maurccn McCa~h? and Cornclia Krclgh Mr. }lcrmanson staled hc had not prcviouslF st[bmillcd a recommendation but his rccommcndallon ~ould bc ~Ir Rocllig. Nlr. Harrcll. Mr. Xludgc. Mr. Carroll and Maurccn McCarthy. PELICAN BAY ADVISORY COMMITTEE JANUARY 26. Dr. Varlcy rccommcndcd ,",Ir. Harrcll. Mr. Rocllig, Mr. Carroll, Maurccn McCarlhy and Comclia Krcigh Mr. gh~dgc rccommcndcd Mr. ttarrcll, Mr. Rocllig, Mr. Carroll, Maurccn McCarthy and Cornelia Krcigh Mr. I to~t recommended klr. I larrcll Mr, Rocllig. Mr. Carroll. Mr. Mudgc and Cornclia K~igh. Mr. Yonng rccommcndcd Nlr. Ilarrcll. Mr. ROcllig. Mr. Carroll and Mr. Mudgc. Nlr, C~'m~hc;~d rccommcndcd klr. Ilarrcll. Nlr. Roclli~. Mr. Carroll. and Mr. Mudcc. Mr. Bro~n rccommcmlcd Mr. Harrcll. Mr. Roclli~. Mr. Carroll. Mr. Mud~c and Comclia Krcigh. Mr Wcrncr askcd ,Mr. Young ifhc has sclcctcd a fiflh c:mdidalc? Mr. Yotmg staled Ihal he did not. Mr. Cr:u~hc:~d slalcd Ihal "nor did l" Mr. Yom~g statcd Ih;ti hc had noted Ih:il he itl;ldo no prcfcrcncc ~t~ccn Ihc rcnlaining candidatcs and LI~:~L is still thc way I fccl. Dr. Varlcv asked ~x hat Imppcns if somcone docs not want to vote for all of Ihcm? Mr. Wc~gcl rcplicd th;il ~s quilt all right. For those not aucnding thc inccttng tod~y. [ want to iII;ikc 5llrc lhnl thc prcxsotJs 5clccliOll doct]mcnts th;il ~crc providcd to this Comnlittcc arc placed as rccor(I today' and cx c~ dung c;m bc tracked for thc fin:il rccommcnd:mon Mr. ]l'Jrrc]] sf:]ted th:u he finds it di~cult rcx'icx~ing people for rccommcnd;mon that he d~s not kno~ or have not spoken to or just have a Icttcr sa)lng Ihcy arc intcrcstcd To me in thc future, it would bc nicc to cilhcr do ;]x~ay x~nh voting or inlet'iow thc candidates. Thc ~ople on the Board. the Board kno~s morc than ;m)bod)'. xxh~ch ma~ or ma>' ,or bc ;m ;ldv;lntagc. Thc ~oplc sitting out here that I do not knox,, not th:~1 It should II1;IkC ;I diffcrcncc. I guess qtl;lli~C;lliOIIS I11~;in thc)' arc voters and have an mlcrcst. Il x~ou]d bc nicc Io haxc their ~lc~' or if xxc arc gOillg to act as a Board lo evaluate, it would ~ kiud of nice to ask them some qtlcstlOllS. [s thai sOmclhmg xvt could do? Mr. Wclgcl rcplicd Ih;il hc bclicvcs it is. -2giT- PELICAN BAY ADVISORY COMMITTEE JANUARY 26. 199g Dr Varlcy si:lied that bcf0r¢ Ihis comes up next )'car v,c have Io dec'dc ,ah:il il is and develop a ~'stcm ll~at is s.nplc and cas) to follow and cvcqbody can undcrsland. I am ~rsuaded at the momenl that x~c shouldn't do an)thin~: at all. It d~s not mcan anylhing, it is not ncccssaD', crc. I have a ve~' di~cult lime making n public forum. Mr. W;~rd sta~ed thai thc vote has Mr. Ilarrcll. Mr. Rocllig receiving twch'c votes. Mr. Ca~oll and Mr. Mudgc receiving ten votes and Cornelia Krcigh and Maurccn McCarthy receiving seven votes. You have ~l tic. Mr. Wcigcl stale Ilmt you should send thc rcsulls and the Board xsill understand and make the decision in thc process. Mr. Cr;,ghcad sl;~lcd Ihat hc qucstsons Iht Mr. W:,d replied Ih:il 5'ou' h:lvC c;mcclcd Mr. H:tsson. Mr. Gri~lh and Mr. Flal~o's vole. Mr. Yom~g slated Ih;ti they arc not canceled. They arc recorded and m from of us just as though Ihcy xxcrc here. Thc only ones Ih;~t h;Ivc ch;~ngcd their votes lire Iht o~lcs [hal arc here. Mr. l[arrcll si:lied [hal this has to be done as a Committee and they have already tnadc their decisions. Mr Brow n asked if x~c could not sa5 that Ihcrc nrc twelve here and threc lhat have indicated in xvrtting how Ihcx' Fell and give ll~:~t to thc Commissioners'/ Mr. Wcigcl slalcd [h:fl he feels that is file Wily Io do it. They have provided their recommendations in writing and acccplcd and thc Board can usc flint inForm:moa as it may. You are prox iding x~ hal h;~s happened in il~s meeting loclav Dr. V:trlcv asked Mr. Ward if he would x~rilc this up such that xvt had a vole. thc Count)' A~iorncx xvamcd ,t done in public, xsc did it in public and Ihrcc were not hcrc and here is thc tally. Mr Ward si;lied Ih;fl he xxould do that and based on fl~al revision. Mr. Harrell and Mr. R~llig have fifteen votes. Mr. Carroll and Mr. Mudgc have Ihirtccn xotcs. M;mrccn McCarthy with nine votes and Cornelia Krcigh xvilh eight xotcs. I will x~ri~c it up and send it Io Mr. Wcigcl for rcvicw prior lo sending il to Ms. Filson. For fl~c Record. thc xvrl~tcn votes of Messrs. Flalto. II:~sson ;md Gri~lh arc as follo~x's: -2815- PELICAN BAY ADVISORY COMMI'I'I'EE JANUARV 26. 1998 Mr. FIm~o voted for Mr. Itarrcll. Mr. Rocllig. ,',,'Ir. Carroll. Mr. Mudge and Maurccn McCarthy. Mr. Griffilh voted for Mr. Itarrcll. Mr. Rocllig, Mr. Carroll. Mr. Mudgc and Maumcn McCarthy. Mr. }tasson voted for Mr. Itarrcll. Mr. Rocllig. Mr. Carroll Mr. Mudgc and Cornclia Krcigh. Mr. Ward slated that he ~ould do flint and based o~, Omi revision. Mr. Harrcll and Mr. R~llig Mr. Young slated Ihal Dr. Varlcy feels Ihis is not a good procedure lo follow. As a pan of Ibis record. I want to take Ihe opportunity lo say that I Ihink Ihis is an excellent pr~edurc and my reasoning is Ihal nonnall)' )our commitlccs arc small and I would agree that it is not a good way Io ~tuatc a CO~lll~lillcc. Wilh ;i fi[lccn member board. ~vc nccd to give thc County Commissioncrs input of mem~m of our co~nmtmilx ;md xshal x~c Ihink their abilities arc and x~hal we fccl Ihcy can conlribulc. Thc woal Ihing in Ihc ~orld is for Ihc linc commissioners to bc picking n;mms oul of a hal [or this committee or picking them polilically. Dr. Varlcy slalcd Ihal Mr. Young misundcrslood. Thc nolion of our rendering an opinion lo the Board of Commissioners I agrcc il is a good idea. When you arc looking for good people who arc going to vohmtccr Ihcir time oa something that is not Icrribly rc~arding and have thc firsl hurdle Io get through a public forum ~hcrc eye, hod)lakes Ihcm apa~. is not good and thai is ~'hat ! objccl lo. I Ihought ~'c had come up wifl~ a solution lo Ihat ~hcrcby eye, body could privalcly rcndcr lhcir opinion. ~ on thc public record for anybody lo sec what i~ is, but ~vc do not have ~o go fl~rough a public discussion. ! do agr~ that we should get input. ADJOURNMENT There ~ing no fi~hcr b,sincss, thc meeting adjourned at 9:40 A.M. Dr. Alaa Varley. Chairman -2lq ! ~- 5,1EMORANDUM TO: FROM: DATE: SUBJECT: Pelican Bay Ads'~sory Co~nmitlcc James P. Ward ' Januars.' 214. 199g Bollard light replacements Oakmont Lake Bank and Ridgcwood Dave As a pan of Ihc approval or thc Division's Fiscal Year 1998 Budgct Ihcrc is included $42.800 for thc replacement of thc above noted bollard lights. There ;irc ! 14 bollard lighls for replacement. Existing lighting is badly deteriorated due to ils' age. design, and vandalism The existing lighting is construcled ora PVC type plastic and painted. Thc materials along Ridgewood were inslalled in the early 19gO's :md thc lighting along tile Oakmont Lake bank was installed in the mid Io late 19g0's. As a pan of thc Division's programs to increase the quality of materials and sen'ices provided Io the residents, lhis year we included tile amol,nls noted above to replace these malerials with a more durable product that will bc less prone to vandalism, deterioration and which will be able Io be better maintained as time passes. There arc a myriad of products, styles and matcri'als th:it can be utilized for this kind or installation which include both coucretc and ah,minum bollards. For Ihis installalion, staff recommends the utilization of concrete bollards '`shich arc relatively nminlenancc free. Additionally, Ihcsc bollards arc highly resistant to abuse and in;~dvcncnt d,qmagc and arc constructed to minimize lite damage which may resull from vandalism. Additionally. concr¢lc bollards arc generally t,scd along pedestrian areas, walkways and parks smcc Ihcv rcm;tin relatively heal free. Aluminl,m bollards will generally be more susceptible Io thc absorption of heat ;md accordingly, concrclc bollards Icad to expand thc functionality of Ihcir usc in a more aesthetic and fimctional site design. In rcvicwing lite various lighting options available. Ihcrc ;irc a nmnbcr of manu£acturcrs which can supply Ihis kind of lighting, ho'`~cvcr Ihc cosl of thc lighting varies widely among different vcndors without significant changes in thc design characteristics of thc bollard lights. Accordingly. pricing was a kc.,,' consideration in thc rcvicsv of Ibc materials and a particular linc of lights markclcd locally in Naplcs by Slonclight Corporation and manufilclurcd loc;ill) by thc D. C. Kcrckhoff Company provides both thc aesthetic and flmcfional characleristics thal slaffbclicvcs will Ix: beneficial to thc couunumty. Attachcd to this ,ncmorandmn as Exhibit A is a rccommcndcd bollard st;'lc light for your consideration. Fi×lurcs come cqoippcd '`vilh ;i 13 '`'`'alt fluorescent lamps which provid~ thc cqt,tvaicnt of '75 walls of incandescent light. This lamp '`'`'ill provide significantly better lighting along thc path'`vays. As a part o£ thc installnlion, staff is also rccommcnding Ihat thc fixl;~rc include a ceramic tile inset into thc post which ,,,,'ill carD' Ibc Pelican Bay logo for [Itc communily ir you dcsirc, thc brochures for thc other Inatcrials that '`vc reviewed nrc available in the office and plcasc fccl free lo stop by and review this material. Additionally. on Iht da.,,' of the meeting thc recommended choice will be available lo sec at Hammock Oak Park. at our meeting entrance. Please fccl free to stop by before thc meeting Io look at these lighls. Thank .sou and if)ou have ;m.s qucslmns relative Io this matter, please let mc knosv. ~ llllllll I I I IIIII III I ...... I I ......... I I I -- Pelican Bay Services Division Operations Quarterly Report October- December 1997 ~¥;Itcr Man:lEemenl Exutic Rcmnv:d - Thc exotic removal was completed in systems I and 1I in November. As a result of thc massive amount of Bra/.ilian Pepper removed in front of The Heron. approval was granted by thc Board for additional clearing and wetland plantings ~hich was performed in November and December. Thc area looks mttch better, though some of thc residents still expect this area to look more formally landscaped particularly with larger materials, but when Ibc plants installed grow it should develop into ~! nice wetland area. In some of thc olhcr areas cleared of exotics thc under sroD, foliage has continued to fill in and is looking better. P:n'ing - Thc paving budgeted for systc,ns I and I[ was completed in December while thc Clam Bar was being renovated Oakmont Lake bank sidcxxalk, originally scheduled to be completed at thc same lime. has been scheduled for Fcbnlarv .Community Be:u~tific:ltilm Irrigation - In order lo isolate tide floxvcr beds from thc turf upgrades lo the zone controls was completed in Ibc early part of October. Also lite installation of balleD' operated tinters in the single family cul-de- sacs. budgeted for FYg8. was completed with installation of some new valves and control modules. Replanting Program - TIDe fall annual planting of petunias and gcraniu,ns was completed in Oclober. Mainly due to weather conditions. Ihe geraniums planted at the entrances experienced 'some fungus probit,ns and were ch:raged lo begonias. Street Signs - TIDe signs at Pelican Bay Blvd. and Oakmont Parkway were installed for thc four xx'ax- stop at that intersection. ' ' Lighting Bollards - Information on thc bollard lighling for tide Oakmont Lake Bank and Ridgcxvood intersections has been collected and recommended fixture wiU be presented to the Board for their review. Australian Pine Removal A portion of Iht Australian Pines wcrc rcmovcd from the area south or thc Clam Bar Beach Facility. The rctnaining pines along the dune noah of Iht Clam Bar were cut down in .lanuaD,. PELICAN BAY SERVICES DIVISION CLAM BAY RESTORATION FUND DECEMBER 31. 1997 F.Y. 1997 F.Y. 1998 Total Exp. Dec. 1997 Budget Budget Budget Tu Date Balance Expenses EXPENDITURES Environmental Consult. Akerman. Sentcditt. ct, al. $ 153.168 $ 54.532 $ 207,700 $ 201.683 $ 6.017 $ 12.783 Lew~s Environmental Serx'. $ 71.460 $ 7.540 $ 79,000 $ 77.482 $ 1.518 $ 6.022 Tacknc).. & Associates $ 54,184 $ 32.316 $ 86,500 $ 75,326 $ 11.174 $ 9.568 Wilson. Miller. et. al. $ 47.112 $ 42.888 $ 90,000 $ 57.335 $ 32.665 $ 5.180 Dr. Samuel Snedcker $ 7.001 $ 20.599 $ 27,600 $ 9,319 $ 18.281 $ Hilburn Hilstad $ 10.550 $ 38.550 $ 49,100 $ 10.550 $ 38.550 5' Others $ 18.524 $ 121.294 $ 139.818 $ 21.118 $ !18.700 $ Sub-Total $ 361.999 $ 317.719 $ 679,718 $ 452.812 $ 226.906 $ 33.552 Capital Outlay Improvements General othcr MachineD. & Equip. Sub-Total Other Fees & Charges Tax Collector Property Appraiser Revenue Rcservc Sub-Total TOTAL APPROPRIATIONS $ 15.459 $ 1.361.400 $1,376,859 $ 15.459 $ 1.361.400 $ $ 2.827 $ $ 2,827 $ 2.827 $ $ $ 18.286 S 1.361.400 $1,379,686 $ 18.286 $ 1.361.41}11 $ $ 10.214 $ 20.000 $ 30,214 $ 13.844 $ 16.370 $ 6.448 $ $ 13.400 $ 13,400 $ 8.637 $ 4.763 $ 8.637 $ $ 23.600 $ 23,600 $ $ 23.600 $ - $ 10.214 $ 57.01){) $ 67,214 $ 22.481 $ 44.733 $ 15.085 [$ 391).49915 1.736.11915 2.126.618 15 493.57815 !.633.{)40 15 48.637 ACCOUNTS PAYABLE - DECEMBER Lewis Em'ironmcntal Akcrman. Scntcrfitt Hilburn Hillcstad Suboceanic Tackney & Associates WMB&P WMB&P TOTAL INVOICES SERVICES DATE INV. NO. AMOUNT THRU 01/06/98 98002 $ 1.250.00 12/3 i/97 01/15/98 2129747 $ 8.030.72 12/3 i/97 12/29/97 12/29/97 $ 29.700.00 12/31/97 (}i/09/98 96.15-2 $ !.400.00 01/09/98 I !/20/97 572 $ 9.567.87 11/19/97 12/17/97 8255 $ 2.466.75 i 1/28/97 01/09/98 8660 $ 1.383.50 12/26/97 $ 53.798.84 Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 January6, 1998 Mr. James Ward Pelican Bay Services Division 801 Laurel Oak Drive Suite 605 Naples, FL 34108 Dear Mr. Ward: Attached please find a copy of the December monthly statistics for Pelican Bay, North Naples road patrol, S.ET. Team, North Naples Community Service deputies report, as well as a break down for calls for service specific to Pelican Bay. Respectfully submitted; cc: Pelican Bay file MI.D/jgm c omc~: g~,wmwprxx, s.coR,r, sm..~x~,.^~r W^RD ~.r~ ~ iii i ....... I -- IIIII III III .... III I 16Gl UNIFORM DIVISION MONTHLY STAT REPORT MONTH OF'. DECEMBER 199 ? DISTRICT ONE/PELICAN BAY TOTAL ACTIVITIES WRITERS ACCIDENTS WORK ACCIDENT ASSIST *F. I. REPORTS *INTELL. REPORTS *COMM POL. FORMS AID OTHER AGENCY SPECIAL ASSIGN 1307 FELONY ARRESTS 00 BAKER ACT 33 MISD ARRESTS 01 MYERS ACTS 14 WARR. ARRESTS 00 *SIG 41R 44~ 06 ARREST ASSIST 05 *SIG 4lB 34- O0 *TRAFFIC CITS 25 CITY CALLS 00 *TRFC. WARNINGS 48 BACK-UP CLS 29 01 *PARKING CITS. 19 SC740L XING 13 N.T.A.'S 01 TRFFC STOPS 01 FALSE ALARMS 155 S.I. TOTAL 29C ******************************************************************************* SIGNATURE/ID# of Substation Commander Date From 10/16/97 through FOr Grid 1201 PELrCAN BAY AREA !3un Mon 'rues Wed Thur Class ~{UI~GLARY OF DWI','LLING I',I~fMI:NAI. MI:~CH£EF GRAND 'rHI.ZF'F ALI. LI]:;'F/iITOLI-'.N P RL3 P l,:l~'F Y M£:iG£NG PERGON:3 PI.Yf{'Y THEFT ALL RI]BBERY UNARMED SUSPICIOUS £NC IDENT:~ TRAFFIC ACC £DENT UTT,-.'R FORGED Grand Total: 0 1 0 ~ 1 0 0 0 0 ~ 0 0 0 0 I L 0 0 0 0 0 ~ 0 0 0 I 0 0 0 0 0 0 0 · 2 0 · 0 0 0 0 1 0 0 0 0 I 0 0 0 0 0 2 0 0 0 0 0 0 1 0 2 I 4 6 2 0 0 0 0 2 0 0 2 0 r III I I iii l lllllll Collier County Sheriff's Office Dispatches by Day of Week From 10/16/97 through II/IS/9? For Grid 120! PELICAN BAY AR~A Dispatch Type Sun Mon Tues Wed Thur Fri 16 t Dispatch Sat Total ABANDONED V~HICLE 0 0 0 0 0 0 ACC Z DENT 0 0 0 1 0 0 0 ! ALARM 26 25 21 AMBULANCE I I 0 · 0 0 0 2 CRIMINAL M~SCH ICF 0 ~IR~ 0 0 0 · 1 · 0 H~GHWAY OB~TRUCTION 0 0 0 0 0 · M[St~NG PERi,ON 0 0 1 0 0 0 Nt~K C~MPLA~NT 0 0 0 0 0 N{]T~FY PI~R:~ON/W~LIrAR~ CHb~ PR{~WL~R 0 0 0 1 0 0 I~KCKI.K:;~ DR [V~R 0 0 I 0 0 R f~QUI~:LF HELP/N{}N ~U:;i~ ~C {I)U:~ 80A'r 0 0 0 0 0 0 1 ~U:;{~[C~OUS PER~;ON 0 UNVKR[F[~D 911 2 2 VKt~ ~FY V~N 0 ~ 0 0 1 · 0 2 Grand Total: ,,, , ~,, ~r IIII IIII I IIII IIII I I I ~ ~ 661 Naples. Florida January' 7. 1998 LET IT BE KNOWN. Iha! thc Pclican Bay MsTBu Advisory Commiltcc mcr in Special Session on this date at 3:00 PM. at thc Found:mon Center. 8962 ilammock Oak Drive. Naples with Ihc follox~ng members present: Dr. Alan Varlcy, Chairn'um Mr. George Wcrncr. Vice Chaim~an Mr. Thomas Brown Mr. Rodkcy Craighcad Mr. Frederick Flailo Mr. Ed,aard Griff~th (absent) Mr. Glen Harrcll Mr. ttcrbcrl Hasson Mr. George tlcnnanson (absent') Mr. John Hoyt Mr. Russell Mudge Mrs. Cora Oblcy Mr. Anlhony Pircs Mr. Charles Popper Mr. Bernon Young ALSO PRESENT: Mr. Ted Brown. Akcrman, Scntcrfitt & Eidson. P.A.: Mr. Kylc Lukasz. Pelican Bay Field Manager: Mr. James P. Ward, Division Adminislrator and Mrs. Barbara Smith. Recording Sccrctars.'. AGENDA' 2. 3. 4. 6. 7. Roll Call Approval of Minutes of lite December !0. 1997 Meeting Update on lhe Clam Bay Restoration and Managcntcnt Plan - T. R. Brov, n Discussion on Si. Raphael Site Plan Construction Committee Rcqt:csls Adjourn ROI. I, CALL: Dr. Varlcy called thc meeting to order and asked that thc Record show Messrs. Ed Griffith and George Hcr,n;inson with excused absences. APPROVAl, OF MINUTES OF TIlE DECEMBER Il). 1997 MEETING: [,.tlr..lhtdge ,tov~id. seconded by AIr. [lasso, and approved una, imously, theI 3/inures of the Dc cember 10. 1 ~97 ,~ lee ting UPDATE ON TIlE CI.AM BAY RESTORATION AND MANAGEMENT PLAN- T. R. BROWN Mr. Wcrncr complintcntcd Mr. Brmvn on lite prcscnlafion ;it the Town Hall Mccting last evening and cvcr3'lhing xvcnt ,,'cD' smoothly. Mr. Wcrncr asked Mr. Brmvn if we arc still tinder lite paramclers Ihal we are not spending any money s on draxvmgs, cie.. other than what is required to get this permil? 2786 PELICAN BAY ADVISORY COMMITTEE JANUARY ?. 1998 Mr. Brown rcplicd that was corrcct. Mr, Young stated that wc have spent a lot of time talking about why we havc to have water consem'ation in Pelican Bay and since then I havc had pcoplc approach mc about what it is going lo do to our golf conrsc. Thc alarm wcnl offand thc Ihing that I cannot rcgistcr is if~vc are going to incrcasc our ~atcr snpply in Clam Bay by 20% Ihrough thc flap galcs, why is ~l~c amoum o~ ~vatcr rcally an issue at all? I[ ~c gel thc noah cad cleared up so that thc ~valcr gets out thc pass, Ih;tl is ~vh;tl wc ~'anl it to do. On one hand ~c arc telling them ~c need Io bring morc walcr m Io clear thc pass and m thc same timc ~c arc scaring cvc~ hod) that we can't havc irrigation in Pelican Bay ~causc Ibc ~atcr g~s into Clam Bay. h jusl docs~'[ n~:~kc any sense. Mr, Bro~vn replied that die points being made arc not Iosl by anybody x~'llo thinks intclligcnlly about Ihc Plan and nalurc of dsc resource. Il is my view and your consullant team's that thc rcsourcc it~lr has shoxvn a remarkable degree or rcsilicncc. Whal has happened out there is Ihal Ihe mangrovcs virtually sclr-dcslmcl themselves by conlinuing to grow and csscnlially chokc off Io a small mcasurc Iht ability of Hm tidal exchange mechanism to movc x~atcr in and out. What Ihis Plan is designed lo do is to incrcasc thc capac~5 of tl~c system Io do th;il. Thc best guess Ihal eyeD'body can pul Iogclhcr that lookcd at this sss~cm ~forc st died and during ils' death and ~hal caused il, was Ih:ti the ~'slcm lost its' mai flushing capac~b and then Ibc extra X~illcr Ihal ca,nc in during those x'c~' xvct years Ih;il cxcccdcd a cumulalivc or ]Iii) inches of ram This c:ltiscd th:it ~valcr lo Sl;ind. Dr. Sncdckcr poimcd out that in thc Black Mangrove area in pa~icul;ir Ibc walcr could stand only for a relatively sho~ period of limc without damaging thc mangroves. Mr. Bmx~n cominucd lhat my sense is that when we improve thc flushing capacily, thc adjuslmcms of frcslmalcr inputs will bc relatively insignificant lo thc abilily or thc ~'stcm lo o~mtc. That is a scientific judgn~cnl dmt I xx'ould bc prepared lo make. ttowcvcr, lhat docs nol have an)lhing lo do wilh Ibc ~li~ic;il rcalilics. [ ~v:tnl lo slrcss IO you Ihat yotl cannot ignore thosc. It was made clcar lo mc the vcD' first lime I walked into Ihe office of the Army Co~s or Enginecrs and thc Florida Dcpa~mcnt of Environmental Prmccfion and if you look at any of Ihe comments that have bccn made by thc groups thai have ~cn opposed or confronlalional about it, Ihcir firsl line and even Ihc City of Nnplcs obj~tions 2787 PELICAN BAY ADVISORY COMMITTEE JANUARY ?, 1 6G1 ~scr¢ "~vc Ihink Ihc first Ihing yot, oughl to do bcforc you linker wilh lhc ecology of Cia,n Bay is adjusl thc frcshmtlcr component". Wha! svc havc bccn successful in doing bc~ is Ihcrc is no defined plan in place flint s~cifics an) defined sohmon lo address thai problem. Il is basically a scl of brackets and studies Ihal arc in tl~c budgcl Omi dcvclop a scl of data aflcr which lhat data will prcsumabb' ddvc a scales of inifimivcs that you can undertake that will satisfy linc pcrmil conditions, l can say to you catcgodcally an umvillingncss to address dmt issue in a mc;mingful and conscientious way would preclude an)lhing ~ing donc in Clam Bay period, in my opinion. Mr. Young staled that from a practical slandpoinl as long as we have thc flushing o~n and ~orking. Iht more ~:,cr ~e have gelling in~o the ~'slcm Ibc bc~tcr we arc going to bc for keeping Clam Pass opened. Mr. Bro~ n replied dm~ II,crc is son ora brcak point Ihcrc and if you Ihink back to Mr. Tackncy's slalcmcnl, thcrc arc mo allributcd Io that. There is Ihc attribute of kccping Clam Pass o~ncd, ~hich is cvc~'thing from linc sotnh board~valk soulh dox~n ~o lhc Scagalc culvc~ and thc ~valcr so~ of slays Ihcrc. One response is thai it is all vc~' imcrcsting, but thc fi~cl of thc mailer is dmt Ihe govcmmcnt is not going Io allow this group or any group to go out into thc mangroves and deal with thai problem unlcs~ you arc willing to deal ~ilh II~e other issue. I ~ould say that is not an i~csponsible rcsponsc. I think lhcrc are a number of things you will find that you will ~ able to do lhat will bare no deleterious affcct on thc quality of life ~vilhin the community, ll~e qnalily of Ihe vcgclalivc appcarancc in the communily or an)lhing else, but ~hich can usc less m~tcr going fom'ard over time. Thc vc~' firsl lime Dr. Hillcslad and I ap~arcd before you. before you cvcr said you ~vantcd us lo lake this job on. we ~id to you Ihcn flint one of Ibc componcms of any plan you ~ould do ~ould have to address freshwater utiliz,nlion wiflfin the O'stcm. I have consislcnd> rcilcratcd Ihal. These processes xvt have been involvcd in, if they ~vcrc purcly scicnlifically driven, might gel to where you want Io go fi~slcr with Icss aggravalion. They arc ~lilics, science, afl and la~v. Sometimes it has noflm~g to do wifl~ anything other titan in thc eye orthe ~holdcr. Mr. Brown cominucd that ir this system could have flushed in Ihc mid-ninclics, had these channels in place and had Iht flushing capacily, I am not sure you would have had any die off and I am not surc I would be standing hcrc right now, nomilhstanding thc levcls of frcshwatcr thai have ~n PELICAN BAY ADVISORY COMMITTEE JANUARY 7. 1998 coming into thc system. Iflhere are Ihings that you c:m do Io retard it nnd hold il back or Io usc less of it. or to usc il more ¢~cienlly and clTcclivcly, [ cain's find any disincentive for thc community nol Io do thai irrcspcclivc of Clam Bay. To thc extent thai you arc willing to commit yourscif lo analyzing that, ~'hich you would be if you accept Ihcsc pcrmils and to thc exlcnt lo which you arc willing to adopt the ~nes of protocols ~o implement what you discovcrcd throt,gh ti~osc studies, you arc ahead of thc cun'c and to commended It is thc price of admission Io do thc rest of Dr. Varlc~ stated that hc is puzzled why we arc so reluctant !o let our own water go into the system and ~ve arc now staling d~c wmcr from the soulh of us. I have been puzzled from thc ~ginning. of how much dal:, xx:~s rcqmrcd and insislcd upon lo demonstrate lhat wc have to unplug Iht pass ~'slcm and hox~' litllc dal:~ is required Io decide there is too much frcshxvalcr going imo thc ~'slcm. We have ~en told thc qualil3 is bad. nobody has Ihc dala Io say th:it. We have been told there is ~oo much freshwater. but thc engineers s:~ il is no different than il was before thc community was buill. Mr Broxxn replied, tl~:~t is not Into. There is more water going enters tl~c s5 stem tn a quite different way and one of thc Ihings xvt don'l know because ~vc don't have any data and one of thc studies designed to do this. is to determine thc timing ofxvhcn it enters. When there was nofim~g here. it rained and either evaporated, pondcd in dcpressional areas and sce~d down into the ground x~atcr or if there was enough rain it would sheet flow through some sand. scrub areas nnd is quite different quality of water enlcring the system and Ibc timing of it was a lot different. We are now holding ~alcr anificialh' :md i~ is coming in conslantly. We have said to you before tl~at x~'e can demonstrate that there ts a collfilalll recurring small level of sheet flow of freshwater in the syslem. The ~'slcm has sho~vn itself xeD' capable of handling lhat. except in cxlrcme circumslanccs. We had some extreme circumstances that gave rise to thc essential drowning of the mnngroves. The answer to the question is that 5'ou arc puuJng somc~xhcrc bcl~vccn 26"-27" per year of additional water into tl~c ~'stcm, ~yond ~ hat Mother N~m~rc proxidcs For. simply by virtue of tl~c irrigation you provide. There is n lot more ~ing dc:ill x~itb nox~. but ~t ts being dc:ill with quite differently. When you look al the level of im~n'ious surface and xxhal 5ou have nm off. collect and hold in storage, it is quite different. 2789 PELICAN BAY ADVISORY COMMITTEE JANUARY ?. 1098 Dr. Varlcy statcd wc hcar dilTcrcnt dcscriptions o£that. Whcn we complain about asphalting wc arc told by cnginccrs that it docs not ~nakc a difl'crcncc. It is all thc sa~nc. Thc snmc amount of watcr cnmc bcrorc as docs now. ifwc ~crc to do thcsc studics and ablc to convincingly dcvclop data that said th;l! Ihc frcshwatcr componcnl h;ts noH~ing ~o do with thc mangrovcs dying, arc we still then committcd to un(tcnnkc some bi~ pro~r;m~'? Mr. Bro~n statcd no, hc docs not think so. I think thc govcrnmcnt pridcs itsclr on ~ing rcspons~vc lo good scicncc. I Ihi~k that you ~ill ~nd Io Ibc cxtcnt th:ti yotl havc rcachcd thosc conclusions. Ihut you bctlcr h;~vc )our good scicncc backcd up bccausc Ihcy ~ill clmllcngc it until )'ou can dcmonslra~c Ih:il clcur prcpoa~dcra,cc of critics]cc th;ti you arc right. Having said Iii;it, my scnsc is lhcv ~ould bchavc rcspo~sibly. Mr. Nh~dgc sl~lcd Iha~ hc thinks thcrc is still confusion hcrc that wc arc using trcalcd c~ucnt. think it is 100% lrcalcd now. Mr. Mudgc askcd if lhcy closcd down thc water ~cid wc ~crc pumping from? Mr. W;~rd rcplicd no. Countv-~idc including Pclicnn Bay. raw walcr from Ihc Immokalcc Road WcllRcld is bcmg used Io stlpplcmcnl thc cmucnl nccds of Ihis COmltltlnily. Nlr. M~(Igc askcd ir ~c arc rising 750.O{)0 gallons pcr day from ot~r plant? Mr. W:~rd rcplicd lh;H ot~r plant is closcd down, II was closcd do,va ;thou[ t~o months ago, so all of Ihc cmt~cnl is comi,g Otll O~ ~hc No~h Collicr PI;mi. [ do not know how much is currcntly coming ou[ of th:~t pi;mt and how milch is sttpplcmcnlcd by raw xvatcr, bul somc or il is supplcmcnlcd Mr. M~dgc slalcd Ihal H~crc :irc politic;~l issucs hcrc also. A lot of pcoplc Ihink ~vc arc ~vasling frcsh~atcr. A high pcrccnt;~gc or ot~r x~;~tcr is rct~sc xva~cr which has a diffcrcnt affect on Ihal arca than rain ~atcr. Thcrc ;irc illOrC ntttricnts in tl~c C~IIC[I[. Mr. Bro~n rcplicd that h;~s not bccn dcmonslrntcd. Mnngrovcs nrc quali~cd to ~ffo~ Ihal clcansing opcralion. This ~atcr ~s nol conlaminalcd in thc ~'slcm itsclr. Mr. Ward slalcd Itt:it ~ hca ~vc ~vcrc lalking about thc budgcls Ibis past scason, thc watcr quali~' going into Clanl B;i)' is no[ an)lhing dlffcrcnl lhan ~ h:~t it was prcdcvclopmcnL As a mattcr of fact. ~c 2790 PELICAN BAY ADVISORY COMMITTEE JANUARY 7, 199g have bccn able IO reduce some of our water quality testing upslrcam of Cla~n Bay because of thc xvatcr qualily going inlo Ihc ~'slcm. Mr. Mudgc askcd if it is belier quality limn il has bccn in thc pasl? Mr. Ward replied Ihal il is Ihc SalHC. There has not been a huge increase or decrease one way or thc other. There arc a few inconsistencies, but generally speaking South Florida Water Management District, which tssued thc Surfi~ce Water Management Permit for thc project indicated to us this year xvc could reduce our xxalcr qualily tcsling in thc developed portions of Iht ~'slem because it has not changed in thc fifteen ~cars ~c have been doing thc testing. Mr. Wcrncr slalcd fl~at m listcmng to Mr. Tackncy. ! got thc imprcssmn that hc was ~)lng lilts may nm xxork Ibc x~;i) )ou ~;tnl il to xxork and I don't want to bc thc sea,goat. Do yon get that feeling~ Thc lad~ behind mc asked tl~c qucstmn of Mr. Tackncy's indicalion of probabilily of success. ~H~ich was never ansx~ crcd Mr. Brox~n replied Ih:ti Mr. Tackncy is son of professorial in slylc, but I do not think that xxhat he is rD'rog to say, Thc point hc was I~ing Io make and has bccn t~'ing Io make is that xvt have not developed this mare channel design panm~ctcrs to guarantee it as a stable inlet as you would if you are tD'ing to conslmct an inlet to scn'c a navigational ncc& That is what was confusing FDEP and Beaches and Shores. They saw Ibis as ;I motivation to build some son of a marina facility. They were arguing about how xxc would know it would rcm:fin slablc. I told them we arc building as much we arc able to build m a consm~c[ivc rcslorafion project and Ihcrcforc t~'ing to do as little ha~ as possible, but maxinu/c thc oppontmil5. Whal Mr. Tackncy did say xxas that baring some storm event, which changes thc mits for cxc~bod5 in Ih;ti conlcxl, hc would not anticipate a need for any kind of subslantial nl:Hnlcn:lncc for fix c to scvcll) c;lrs, l~ Ih:Il is thc case )ou arc way ahead of Ibc cttn'c fl~an where you arc Mr. Wcrn~r slalcd Ihal wc will also spend ~ Iol oF money lo achieve lh~l. Mr Brox~n agreed, ! believe in the group of ~oplc ~vc have brought logcthcr Io I~k at lhis mallcr I ~licx~ in their qualifications. I believe if you heard cvcDlhing ~fid in yesterday's presentation. nofifing has bccn done ~ilh a lack oF lhoroughncss. Wc have looked at cv~D' angle we could x~ilhin the 2791 PELICAN BAY ADVISORY COMMITTEE SANUARY '7, 1998 16(;1 conslrnints o£ thc revenue slrcam Ih;il we have to look :it Ihings and have come away absolutely convinced that it will work and thc system will restore itself and will stay in place with a minimal amount downslrcam, on~oin~ maintcn;lncc rcsponsibilib.' That is Linc consensus oryour consullanl tcam. Mr. Bro&vn explained that hc mcr ~vilh Com~nissioncr Hancock lifts morning x~'ith Ibc pu~sc of mnkin~ surc that thcy do not gel blind sided ns this thing continues to cvolvc. It will ulfi~natcly go 1o County Commission for a rotc. presumably bascd solely tipon )'otlr rccmnmcndation, Each Commissioner will hnvc a book and a docmncnt from Ibc Slate of Florida and the Federal Government on top or thc Plnn and to have fl~at go Ihrough as n Consent Agenda Item. it ]ni~hl bca bit intimidating. I do not want to to thai point in fl~c process and Ihcn have questions raised that could have bccn nnswcrcd well in advan~ of tha~ dmc frame. Wc discussed lhat and in tl}c conlcxt ofwhnt wc should do a~u[ it. Commissioner Hancock xxould like mc to arrange individual mcclin~s with cach of thc Com~nissioncrs. I will call Mr. Ward :md lalk about how [o do lira( and ! wilt ~akc care of il. Ti~c ofl~cr couple or thin~s X wanted discuss ~vifl~ him is a liulc bi~ about fl~c timin~ limilalions and ~vha~ impacts thai has for thc public ~ach nrca during thc pcriod of mac theft fi~c cxcavnfion and drcd~in~ would take place, Wc basically brainstormed for a liltic bil aboul how to mnnn~c fi~nl nnd how to manage people's expectations 3~ul it so that your omccs do no~ get a lot orcalls. That is some o~thc things thai will nccd ~o bc thought 3~ut you ~cl closer to Ih:il lime frame. Wc brainstormed thc Ihou~ht or ~rhaps ~ ~vcck or so ~forc we physic;fily slnn !o mobilize nnd do it. maybe 3 full pn~c nd in Ihc Naples Daily News telling ~oplc is going to Imppcn and what thcy can c.xpccl might be thc way to go. Mr. Wcmcr asked if xvt ~cre going to pay for that? Mr. Brow n replied lh;~t xv;is not discussed. We just generally talked about ways to go aborn it and nothing in concrete. What was tmpommt is that I do think it is going lo be important to manage ~oplc's understanding about what they arc going to physic;flly sec out there in order to not have a lot ofdiscour~. M3 ox~ n experience has been ~hat if people u ndcrsland ~ hy they arc being asked to sacrifice 90-120 days of ~ach activity for an outcome tlmt has these kinds of ~ncfits. they are ~ffcctly willing Io do it. If thO' come to thc bench Iomlly unprepared and find a big plume of stuff being discharged in front of them. didn't know about it and lmdn't heard about it. they arc totally fn~strated by it and dmt is x~hcn problems' 2792 PELICAN BAY ADVISOR',/' COMMITTEE JANUARY 7, 1998 arisc. It is an isst,c Ilia{ has to be dealt with and was i~nponant enough to make sure lie understood all options have bccn explored and this was the way it would cnd up being. I also alc~cd him to the fact and you to thc fact Ihal when ~vc ~nish digging that large channel, a channcl Ihal will now ~ a~ui 40' wide. 4' dccp and over 2,400 fcct in Icnglh. considerable more ~valcr will ~ going in and ou[ Frankl)'. that prcscms a real hazard Io pcoplc u'ho would nol be strong swimmers or have thc strength to go across it. To date ~oplc have jusI routinely strolled across there with no consequence whats~vcr, except under cxlrcmc circumstances. When Ibis ~s done ! am not sure ii is going to bc passable and [ am son ofmaying ~c need to develop a management strategy to think ~boul how wc deal with flint kind oran issue. Mr Broxx n continued that I had a number of residents question mc abonl why Ibc Count>' was not p:mic~pating in thc cost and told Commissioner HanCOck that he should anticipate thc community ~'ould al SOlllC [illlc be knocking on the Coumy's door lo ask them to visit that issue. I would rcpo~ to you that hc did not flinch and said he Ihought the County would be responsive to thai al the appropriate time. How you play and ~hcn 5ou play thai card is a subjecl ofcoulinuing dialog I shared a few thoughts wilh Dr. Varlcy earlier and [ do not think that now is Ibc lime. but at some point I think there is a time. No/x~ithstanding 5our hislorical experience. I would be su~riscd if some son of an arrangement couldn't bc made xxhcrc ~l~c Coumy would p;mmipatc with you in thc ongoing monilormg cx~nscs that t~ill ~ ncccssan' and Ibc ongoing maintcnancc expenses iu Iht out )'cars lhal will have to be budgeted for. I'll close ~ilh thc Ihoughl Iha[ my sc~sc is. as you work on your an~t~al budgets and each year get an anticipation ofxvlmt might need to happen in Ibc system yotl arc going ~o have lo s~nd money for going fomard, that would bc x~h;l[ you cam' doxvn to [he Cotl~tlv 1o develop some son of a relationship and construct a balance of xvhal Ihcy might contribute or nok That will bc doable if it is managed fight and ~c gel this Pl;m m place, builL o~rational and paid lbr. Those kinds of ex,rises should ~ relat~vcly dilllillinlns, alflmugh m five ~o seven .,,'ears 3ou might ha~c to dig something out. I don't know what it has cost fl~c County to do what lhcy have on thc small cxcavalions for Cla~l Pass. Mr. Mudgc replied $13o.OOO. Mr. Broxx n slated th;it if you ever have thai level of shoaling for example, a ~st storm, there can ~ a ~ir chuck of money mx oh'cd 2793 PELICAN BAY ADVISORY COMMITTEE JANUARY 7. 1998 Mr. Mudgc stated thal is paid by thc Tourist Tax. Mr. Bro~'n replied it has bccn. but thc Tourist Tax is presently :! subject of litigation in Tallah;~ssce ~hcre a ~roup is conlcslin~ Ibc fight to usc thc Tourist Tax for thin~s like dredging of passes and things like flint, Thc group Ihal is suin~ is conlcnding that it was only intended Io ~ used to build tourist related [acililics, How that will finally play ou~, I do not know, If it ~crc mc. I would ~ looking for Ihc financial COlllmillllcnl, Where they get lhe money from is Ihcir business. Mr. Bro~n cxplaincd Ihal ~'c got Nolicc of lntcnl No.4 from Ibc State which basically ~id they %%crc %tiHIiII~ O11 Mr 'rackney's calculalions. There %vcrc t~o other Ihings ~hich ~crc both ~akcn care of toda) and ~11 be sent ~hen I gel back to m> o~ce Iomorro~. lust some adjusllncllls Io dra~'ings that they ~;mlcd and thai ~as c:ls~ enough. I[ t~c cannol gel thai broken Ioosc. I mn goin~ to havc to cxplorc somc ahcrnalivcs of ~ctting tt donc somc ofl~cr way. Mr. Hasson askcd likc ~ hal? Mr. Brot~n rcplicd ma)bc I am going to havc lo approach anolhcr coasla[ cnginccr or Ihc University itself to find out ~hat Ihc problem is and ~vhy we can'l scc~n Io get it done. Dr. Varlcy asked if Mr. Bray's visit here next week would not be a good omen? If he ~vcrc planning on reJeCting thc Plan. I would not think he would be making thc trip. Mr. Brox~n stated Ih;It there is no doubt in his mind thai Mr. Bray is anxious to get this done and issue thc pcrmi~ Yes. I do not think that if Mr. Bray had an agenda fl~al was in any way compromising what x~c arc t~ing Io do. he would not come here to meet with this group and talk with them about it. He Jsj~sI ~xaiting on tiffs data. This dala is useless data. lo be reD' blunt about it. In having hmch with Dr. Sncdckcr xx'e xxcrc bemoaning lhat ~c did nol have thc data yel. but thc fact that we are having to deliver lt. I asked Mr Bray. Icl's assume for thc sake of convcrsalio)~ Ihal we deliver Iht data and we have advcmscd that we can deliver product "X" and Iht data suggests Ihal it is "X-" and cve~'one is in agreement Ihal "X-" is still superior Io the "X---" where we arc right now. what is the big deal? It is not costing any ~dy any money exccpl the ~oplc that ~vam to spend it and them is no doubt in any~dy's mind that once this is done. it ~vlll bc definitively better than ~hat il is now or can be on it's own without this work being done. so why thc data? This data is in my opinion being required by thc Beaches and 2794