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Backup Documents 03/25/2003 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING MARCH 25~ 2003 Naples DaiLy New~ NapLes/ FL 34102 Affidavit of Publication Naples DaiLy News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 200213 58627754 NOTICE OF PUBLIC MEE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb~ who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples/ in said Collier County~ Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier CounTy, Florida, for a period of 1 year next preceding the first publication of the attached copy of edwrtisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebet~, commission or refund for the purpose of securing this advertisement for publiction in th~ said newspaper. PUBLISHED ON: 03/23 AD SPACE: 65.000 INCH FILED ON: 03/24/03 ......... NOTICE OF PUBLIC MEETING BOAJ~D OF COUNTY CONUVUSSIONER$, COLLIER COUNTY, MarCh 25,~003 8:00 AJ~A. i Notice ls hereby giver that the Collier· Count~ Board of County .Co.mm. ls. signors will meet m tm I Board's Chambers on .th~ JThlrd Floor of the W. Hat /man Turner Bulldln{ ~ (Building F) of the Collie / County Government C. om ptex~ 3.~01 East Ta.m.m~ Tralb ~ N. aEles,. Flqnaa, conauct ?ne =usmass Cailler County at th above stated time an. date. ' Coeies of the agenda for sald meet!ng w.lli .~e! mode avaHa~le ~o ~ress and maybe falned of ~e Public Infor~ marion Office, located on the First Floor of the W. Harmon Turner Bul d- Any per es to ap of this B record 4 Ings per ~nd trier ~p snsur tim rec, marly, pon n who decld- ~a a decision rd will need a 'the proceed. Inlng thereto~ ~'a nmy neec thaf (3 vsrl~. d of the ~)ro. i made~ wl~lc~ udes the test[, ~d evldenc~ .~L the appea BOARD OF -COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA Tom Henn!ng, Chair- man DwiGHT E. BROCK, CLERK BY: /si Maureen Ken. yon, Dem~/Clerk Morch ~3..:__ N__?. 8_2183 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 25, 2003 8:00 a.m.* NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE 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. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST 1 March 25, 2003 TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. THERE WILL BE NO LUNCH RECESS. MEETING IS ANTICIPATED TO END AT 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Roy Shuck, Faith Community Church AGENDA AND MINUTES e Ae Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted with changes - 4/0 (Commissioner Halas absent) Be February 25, 2003 - Regular meeting Approved as presented - 4/0 (Commissioner Halas absent) Ce February 28, 2003 - Workshop Approved as presented - 4/0 (Commissioner Halas absent) SERVICE AWARDS 4. PROCLAMATIONS Ae Be Gl, Proclamation to observe April as Sexual Assault Awareness Month. To be accepted by Jamie Wills, Victim/Advocate Counselor and Elizabeth Knake, Executive Director. Adopted - 4/0 (Commissioner Halas absent) Proclamation to designate the month of April as Conservancy Volunteer Month. To be accepted by Kathy Prosser, President and CEO of the Conservancy of SW Florida. Adopted - 4/0 (Commissioner Halas absent) Proclamation to proclaim April 5, 2003 as Great American Cleanup Day. To be accepted by Denise Kirk, Water Reduction & Recycling Manager and 2 March 25, 2003 e Barbara Lee, Adopt-a-Road Coordinator from the Road Maintenance Department of the Transportation Services Division. Adopted - 4/0 (Commissioner Halas absent) PRESENTATIONS e Ae Be Recommendation to recognize Klm Hadley, Environmental Specialist, Environmental Services Department, as Employee of the Month for March 2003. Recognized - Approved 4/0 (Commissioner Halas absent) Presentation by Keith Arnold, Florida Lobby Associates, to present update on the current legislative issues affecting Collier County. Presented and discussed (Issues concerned: Health Care costs, Trauma Center, Impact Fees, Communication tower placement, Local option gas tax funding, Extension of SR 29 into state intermodal system, UPL program, Animal Control issues, Water/Sewer Act, Solid Waste disposal, monies requested for projects for Barefoot Beach and Goodland Boating Park) PUBLIC PETITIONS e Ae Public Petition request by Mr. Christopher Fowler regarding Special Land Use Permit to operate remote control car races. To be brought forward to a future meeting for consideration -Approved 4/0 (Commissioner Halas absen0 BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Ae Request the Board adopt an Ordinance amending Collier County Ordinance No. 2001-76, as amended, which created the Livingston Road Phase II Beautification Municipal Service Taxing Unit; providing for amendment to Section Six to increase the number of members who serve on the Advisory Committee from five to nine; providing for amendment to Section Six to limit membership on the Advisory Committee to three members from each subdivision or community; providing for amendment to Exhibit A to delete Grey Oaks Development from the boundaries of the district, providing for inclusion in the Code of Laws and Ordinances; providing for conflict and 3 March 25, 2003 e severability; and providing for an effective date. Ordinance 2003-12 Adopted with changes - 4/0 (Commissioner Halas absent) BOARD OF COUNTY COMMISSIONERS Ae Appointment of members to the Pelican Bay MSTBU Advisory Committee. Resolution 2003-127 appointing Theodore J. Raia, Jr., John Iaizzo, and David C. Nordhoff to serve 4-year terms. - Adopted 4/0 (Commissioner Halas absent) Time Certain 9:30 a.m. B. Reconsideration of discussion regarding rush hour dump-truck traffic on Oil Well and Immokalee Roads. (Commissioner Halas.) To be brought back to April 22 BCC Meeting - Approved 5/0 Ce Discussion regarding Hideaway Beach December, 2002 Renourishment Project. (Commissioner Fiala.) Staff directed to proceed with project with completion by May 1, 2003 - Failed 2/3 (Commissioners Coletta, Halas and Itenning opposed) 10. COUNTY MANAGER'S REPORT Be This item to be heard at 11:00 a.m. Review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2003 in accordance with Ordinance No. 2001-55, including the Golden Gate Community Center Advisory Committee, the Immokalee Enterprise Zone Development Agency, the Library Advisory Board, the Pelican Bay MSTBU Advisory Committee, and the Tourist Development Council. (Winona Stone, Assistant to the County Manager) All Boards found to be in accordance with ordinance and to be retained - 4/0 (Commissioner Halas out) Adopt a Resolution to correct a Scrivener's Error in the Order of taking entered by the Court on April 5, 2000 in the Case of Collier County v. Northside Construction, et al, for the Condemnation of Parcel 110 for the Pine Ridge Road Project (Project No. 60111). (Heidi Ashton, Assistant County Attorney, County Attorney's Office) Resolution 2003-128 - Adopted 4/0 (Commissioner Halas out) 4 March 25, 2003 Ce Approve an Amendment to the Original April 10, 2001, and previous July 30, 2002 Amendment to the Florida Department of Environmental Protection Consent Order related to various Wastewater Projects, 73077, 73158, 73164, 73949, and 73950, at no additional cost. (Jim DeLony, Administrator, Public Utilities) Approved 4/0 (Commissioner I-Ialas out) Continued to April 8, 2003 D. Recommendation that the Board approve $192,000 in legal support to be performed by Carlton Fields under the existing Continuing Services Contract for Contingent Growth Management Services in support of the Checkbook Concurrency LDC and GMP Amendments, Traffic Impact Vesting Process and Defense of Challenges to the Notice of Intent by DCA to find the Rural Fringe Amendments in compliance, and to apprise the Board of the Work Program for Development of LDC to implement the Final Order Amendments to the GMP. (Joseph K. Schmitt, Administrator, Community Development) me Adopt a Resolution opposing any proposed changes to Florida Statutes that will diminish any authority of any Local Government to regulate any Telecommunications Facility except to the extent necessary to facilitate the E911 Program at the specific site of the E911 Telecommunications Facility. (Bleu Wallace, Director, Community Development Environmental Services Operations) Resolution 2003-129 Adopted 4/0 (Commissioner Coletta absent) Approve the borrowing an additional $4.5 million to bring the total to $8.0 million to complete the building expansion of the Community Development and Environmental Services Division's Offices and Construction of the associated parking garage and the borrowing of $2.3 million to fund the replacement of the Division's Business System. (Joseph K. Schmitt, Administrator, Community Development) Approved - 5/0 Time Certain 10:45 a.m. G. That the Board of County Commissioners adopt policies to be used in developing the Collier County Government budget for fiscal year 2004. (Michael Smykowski, Director, Office of Management and Budget) Adopted 4/1 (Commissioner Coyle opposed) 5 March 25, 2003 Approval of a request by the Public Vehicle Advisory Committee that the Board adopt a Resolution authorizing a temporary fuel cost surcharge to allow taxicab drivers to recover some costs of the recent increases in motor vehicle fuels. (Michelle Arnold, Staff Liaison, Community Development) Resolution 2003-130 - Adopted 3/1 (Commissioner Coyle opposed and Commissioner Halas out) Request by David Reinersten, representing Southern Extreme Water Ski Team, to waive fees in the estimated amount of $2525 for a Regional Water Ski Tournament to be held at Sugden Regional Park, June 20 to 22. (John Dunnuck, Administrator, Public Services) Failed 2/1 (Commissioners Coletta opposed, Commissioner Fiala abstained, and Commissioner Italas out) Je Accept a Grant Agreement from the South Florida Water Management District in the amount of $54,000 and authorize a Code Enforcement position for enforcement of the Boards' Irrigation Ordinance. (Jim DeLony, Administrator, Public Utilities) Approved - 4/0 (Commissioner Italas absent) Moved from Item #16C5 - To be heard at 12:00 noon K. Approve a Budget Amendment for Hideaway Beach Renourishment Engineering Services, Project 90502, in the amount of $165,500. Approved- 3/2 (Commissioners Halas and Coletta opposed) Moved from Item #16A16 L. Approve an increase of $473,000 to the Community Development and Environmental Services Division Capital Budget for additional expenses incurred to the Division's Garage and Office Building. Approved - 5/0 Added M. Resolution to support the continued State funding for primary care facilities through a local, State and Federal matching program. Resolution 2003-131 Adopted with changes - 4/0 (Commissioner Halas absen0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Jim Kramer on communication efforts 6 March 25, 2003 12. 13. 14. 15. COUNTY ATTORNEY'S REPORT A. Proposed Resolution opposing Senate Bill 1462, which exempts certain construction and demolition debris from Solid Waste Regulations. Resolution 2003-132 Adopted - 4/0 (Commissioner Halas absent) OTHER CONSTITUTIONAL OFFICERS A. For the Board of County Commissioners to provide ~unding for a mid-level accountant in the office of the Clerk of the Circuit Court and to direct staff to provide to the Clerk's Office copies of draft executive summaries and supporting documentation at the time they are submitted to the Budget Office for review. Approved - 4/0 (Commissioner Halas absent) AIRPORT AUTHORITY STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager, County Attorney, and Selected Commissioner to attend meeting in Tallahassee with Governor's Cabinet on April 8th (will select which commissioner to attend in the near future) B. Encourage everyone to show support of our military C. Sign ordinance discussion 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. ............................................................................................................ Approved and/or adopted with changes - 4/0 (Commissioner Halas absent) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Award of Contract #03-3456 for Professional Engineering Services for Engineering Analysis and Rate Testimony for Orangetree Utilities pursuant to Ordinance No. 96-6, as amended, in the amount of $77,194. 7 March 25, 2003 Awarded to Hartman & Associates, Inc. 2) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1995-406 styled Board of County Commissioners Collier County, Florida, vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 3) Review Tourist Development related advertising and promotion invoices, determine expenditures serve a Public Purpose, approve appropriate invoices for payment directly to vendors in the amount of $14,067.97 from Fund 194 Reserves, and deny payment of invoice in the amount of $3,857 as recommended by the Tourist Development Council. 4) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1992-23 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 5) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1996-520 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 6) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1996-169 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 7) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-195 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 8) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-21 styled Board of County Commissioners Collier County, Florida vs. Donald Saporito regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 8 March 25, 2003 9) 10) 11) 12) 13) 14) 15) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the Final Plat of "Pelican Marsh Unit Twelve". Resolution 2003-121 Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the Final Plat of"Kathleen Court". Resolution 2003-122 Code Enforcement Lien Resolution approvals. Resolution 2003-123 & 2003-124 Recommendation to approve a contract with the Bureau of Surveying and Mapping of the Florida Department of Environmental Protection (FDEP) as a single source vendor for Second Order Vertical Control established through Golden Gate Estates, in the amount of $55,049. Approval of Allocation of Funds from the respective Impact Fee Trust Funds in the amount of $4,721.59 for litigation related expenses, as authorized by the Collier County Consolidated Impact Fee Ordinance, 2001-13. Award of Bid #03-3479 in the not to exceed amount of $50,000 for construction of an artificial reef. Awarded to McCulley Marine, Inc. Approval of one (1) impact fee reimbursement of $525.00 due to Building Permit cancellation. For Randall C. Merrell, Jr., Permit No. 2002072249 Moved to Item #10L 16) Approve an increase of $473,000 to the Community Development and Environmental Services Division Capital Budget for additional expenses incurred to the Division's Garage and Office Building. 17) Approval of a Resolution requesting an increase to the maximum home sales price ($150,000) in Collier County for all Florida Housing Finance Corporation (FHFC) Programs. Resolution 2003-125 9 March 25, 2003 18) Approve Budget Amendment transferring remaining $491,225 fi.om "Remittance to Private Organizations" line item to "Other Contractual Services" line item in the Tourist Development Tax Fund 194 (Advertising/Promotion) to establish operating budget for the newly formed Tourism Department. 19) Approval of two (2) Impact Fee reimbursements totaling $13,833.64 due to building permit cancellations. For Cynthia Skahill in the amount of $5,491.82 and Kaye Homes in the amount of $8,341.82 B. TRANSPORTATION SERVICES 1) That the Board of County Commissioners approve a Work Order under Contract #01-3290 to Wilson Miller in the amount of $106,000 and a Budget Amendment for the Forest Lakes MSTU for the purpose of producing a Drainage and Roadway Improvements Master Plan within the Forest Lakes District. 2) That the Board of County Commissioners approve the Budget Amendment for the Radio Road Beautification MSTU for the purpose of reapportioning the adopted budgeted funds to maintain Devonshire Boulevard Landscaped Improvements in the amount of $45,000. 3) Approve a Resolution authorizing execution of a Florida Department of Transportation Local Agency Program Agreement for the Beautification Enhancements to the Haldeman Creek Bridge on Bayshore Drive. Resolution 2003-126 4) Approval of the design for bus stop shelters and the proposed locations on the Purple Route of the Collier Area Transit (CAT). 5) Approve Work Orders to McGee and Associates, in the amount of $23,490, Contract//00-3131 for Landscape Architectural Services of 1-75/Golden Gate Interchange Project. 6) Approve a Property Transfer and Construction Agreement with the Estates at Twin Eagles, Ltd., for conveyance right-of-way and other easements and construction of a wildlife crossing. (Fiscal Impact: A 10 March 25, 2003 savings of not less than $59,400) 7) Approve Memorandum of Agreement between the State of Florida Department of Transportation (FDOT) and Collier County to authorize the transfer of responsibilities for review and approval of drainage permits on State roadways from FDOT to Collier County. 8) Approve County Incentive Grant Program (CIGP) Amendment Extension for Livingston Road from Pine Ridge Road to Immokalee Road (FM #410014 1 54 01) Project #62071. C. PUBLIC UTILITIES 1) Approve withdrawal of the Permit Application for Hideaway Beach Access Improvements (Tigertail to Hideaway Connection), Project 90511. 2) Approve Work Order HM-FT-03-01 to Hole Montes, Inc., for Professional Engineering Services related to Raw Water Booster Pumping Station Performance Testing and Operation and Maintenance Manual in the amount of $24,740, Project 70057. 3) Approve a Change Order for an additional $7,631 in consulting fees to Public Resources Management Group (PRMG) for the Collier County Water-Sewer District User Rate Study. 4) Approve a Work Order for a video through Survey of Vanderbilt and Naples Beaches as required by the Rock Removal Plan, Project 90507, in the amount of $27,925 (Contract Number 01-3271-Fixed Term Professional Engineering Services for Coastal Management Projects). Moved to Item #10K 5) Approve a Budget Amendment for Hideaway Beach Renourishment Engineering Services, Project 90502, in the amount of $165,500. 6) Award RFP #02-3356 - Special Assessments System Programming, approve contract negotiations and authorize Chairman to sign a contract with DUA Computer Resources Inc., in an amount not to 11 March 25, 2003 7) 8) 9) exceed $143,500 and approve a budget amendment. Approval to terminate the January 2, 2001 rental of two (2) Pitney- Bowes Documatch Integrated Mail Systems and approval to rent two (2) new Pitney-Bowes Documatch Integrated Mail Systems to commence October 1, 2003. Approve Work Order #UC-020 with Kyle Construction Inc., in the amount of $187,600 for work associated with the Price Street Water Main Assessment Project. Approve Work Order WM-FT-03-03 to Wilson Miller, Inc., for Professional Engineering Services related to North County Regional Water Treatment Plant Reliability Assessment and Maintenance Agreement System in the amount of $48,000, Project 70094. De PUBLIC SERVICES 1) Approve the Summer Food Service Program Grant in the amount of $461,600. te ADMINISTRATIVE SERVICES 1) Approve Change Order No. 1, Phase 2, Amendment No. 1 for Architectural Services for the design of the Courthouse Annex, Contract 00-3173 in the amount of $69,716. With Spillis Candella and Partners, Inc. Fe COUNTY MANAGER 1) 2) 3) Approve Ochopee Fire Control District's Application for a Matching (50/50) Grant offered by the Florida Division of Forestry in the amount of $4,230 and approve the necessary budget amendments. Recognize and appropriate Isles of Capri Fire Control District Protective Inspection Fee Revenue in the amount of $26,000 by approving the necessary Budget Amendment. Approval of Budget Amendment Report-Budget Amendment #03-221 for $41 to balance the Vanderbilt Area Study project in the SAP 12 March 25, 2003 Go System. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS Je MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) 2) 3) Recommend that the Board of County Commissioners approve a document for Seventh Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. Recommend that the Board of County Commissioners designate the Sheriff's Office as the "Official Applicant" of the United States Department of Justice, Bureau of Justice Assistance, Bulletproof Vest Parmership Grant Program, to accept Grants when awarded and approve applicable budget amendments. That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Detailed Report of Open Purchase Orders is on display in the County Manager's Office, 2n°Floor, W. Harmon Turner Building. K. COUNTY ATTORNEY 1) 2) Approve the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcel 178 in the Lawsuit styled Collier County v. Big Corkscrew Island Fire District, et al, Immokalee Road, Project No. 60018. $2,400.00 to be deposited into the Court Registry Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 181 in the Lawsuit styled Collier County v. Big Corkscrew 13 March 25, 2003 17. Fire District, et al, Case No. 02-2218-CA (Immokalee Road Project #60018). $3,000.00 to be deposited into the Court Registry 3) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 186 in the Lawsuit styled Collier County v. Manuel Alvarez, et al, Case No. 02-2182-CA (Immokalee Road Project #60018). $3,000.00 to be deposited into the Court Registry 4) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 174 in the Lawsuit styled Collier County v. Michael S. Combs, et al, Case No. 02-2315-CA (Immokalee Road Project #60018). $3,730.00 to be deposited into the Court Registry 5) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 185 in the Lawsuit styled Collier County v. Manuel Alvarez, et al, Case No. 02-2182-CA (Immokalee Road Project #60018). $5,553.90 to be deposited into the Court Registry SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Ae TO BE CONTINUED INDEFINITELY. An Ordinance amending Ordinance Number 02-43, the Balmoral PUD, to correct a Scrivener's Error in Section 1.2, Legal Description; Section 2.3, Description of Project Plan and Proposed Land Uses; Section 3.6, Landscaping and Buffering 14 March 25, 2003 Requirements, Section 5.7.K, Transportation Development Commitments, and by providing for an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. *NOTE: MEETING TO BEGIN AT 8:00 A.M. 15 March 25, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 25, 2003 Item 4C title to read: Proclamation to proclaim April 5, 2003 as Great American Cleanup Day. Te be accepted by Denise Kirk, Water Reduction and Recycling Manager and Barbara Lee, Adopt-a-Road Coordinator from the Road Maintenance Department of the Transportation Services Division. (Staff request.) Continue Item 10D to April 8, 2003 BCC Meetinq: Recommendation that the Board approve $192,000 in legal support to be performed by Carlton Fields under the existing continuing services contract for contingent growth management services in support of the checkbook concurrency LDC and GMP amendments, traffic impact vesting process and defense of challenges to the notice of intent by DCA to find the Rural Fringe Amendments in compliance, and to apprise the Board of the work program for development of LDC to implement the final order amendments to the GMP. (Staff request.) Add Item 10M: Resolution to support the continued State funding for primary care facilities through a local, State and Federal matching program. (Staff request.) Move 16(A)16 to 10L to be heard in conjunction with 10F: Approve an increase of $473,000 to the Community Development and Environmental Services Division Capital Budget for additional expenses incurred to the Division's garage and office building. (Commissioner Coyle request.) Item16(B) 8 title to read: Approve County Incentive Grant Program (ClGP) Amendment extension for Livingston Road from Pine Ridge Road to Immokalee Road (FM #410014 1 54 01) Project 62071. (Title submitted reads FM #410003 1 54 01) Move Item 16C5 to 10K to be heard at 12:00 noon: Approve a Budget Amendment for Hideaway Beach Renourishment Engineering Services, Project 90502, in the amount of $165,500. (Commissioner Halas, Commissioner Coletta request.) Time Certain Items: 9:30 a.m. Item 9B: Reconsideration of discussion regarding rush hour dump- truck traffic on Oil Well and Immokalee Roads. (Commissioner Halas request) 10:45 a.m. Item 10G: That the Board of County Commissioners adopt policies to be used in developing the Collier County Government budget for fiscal year 2004. (Commissioner Halas request) ~flI4EREA$, stol assault continuua to be a mOjoe '~ocial ce/sis in our society; wher~ one out of every fou~ women has been a v/cHin; ~nd, eveey female faces the potent/a/th~at of becom/~ a victim; sexual assault afl~ects every child and adult from ages 4 to 94 yeaes of age in Coliiee County as a victim/survivoe oe ~s a family membee, significant othee, neighboe oe co-woekee of a vicHm/survivoe; and, volunteers a~ service providers in our community provide a conHnuum of ca~ ~o s~al assault su~ivoe$ hoHin~s, counseli~, sup~ ~mups, advocacy, medical ca~ and · ducaHon; and, FVHE~EA$, victims/survivoes of sexual assault and prevent future sexual assault ~~ ~bl/c owo~ness, fro/n/~, educoHon and ~ se~/ces Foe vicHms; and, WHEREAS, this of designatin9 a time and suppoe~ of WtYEREA$, of Collier urge not just on Violence. bey and designed to that affects us Dec/de to End ~xual DONE AND ORDERED TI4Z$ ~§th Day of Maech ~005. BOARD OF COUI~H'Y COMhf~.m~TONER$ TOM HENNZN&, CHAI~AN ATTEST: PRO~LAA4A T£ON o~niz~tion; ~d, ~VHEREA$, land since ~64, includin9 Foko~ot¢hee Strand, ~elle A4eod~, South Golden WHEREAS, ~VHEREA$, r~storation ~ro~m$ in tJe 6~eoter E~e~lodes Ecosystem ond mo~ t~o# members support ~he ConvePmncy of Southwest Florido; ond more t~on 700 volu#tee~ 9~n~rously donote t~eir time ond ~rtise to T~e ~"on~ers~n~y of ~out~west Florido; T~e Con~erv~ncy ~ell~ s~ol~ en~onmentol policy in ~rk~ Florid~ ~y I~ti¢il~tin~ in and monitorin9 mo~ t~on ~ ~ ~out~est Florido environmentol issues onnuolly; WHEREAS, W EREA$, WHEREAS, in addition to ploying o key roll in en~ronmentol odvo¢ocy and protection, The Conservoncy operotes, in sup~rt of its mission, th~ Naples ~tu~ C~nt~r, th~ ~i~s Protection ProJect: on~ ...... ~ ~ ~ .......... ~. ¢~e givers, spedal ¢oo~inato~s, o~ice WNEREA$, WHEREAS, bus/ness leaders also donote their time and seW/ce; ~d.~ ~ ~%~-.~ ~ ~ ~.~ ~ufhwe~t ~lo~ida. NOW THEREFORE, be/t that the mont~ Of. by t~ CounhI, ?loWda, DONE AND ORDERED Tt4~$ ~Sth D~y of 80ARD OF COLINTY CO4444~T~ONER$ C~~N~R~DA ~ TOff HENNXN&, CHA~ PROCLAMATION Whereas: the mission of Keep Collier Beautiful, :[nc. is to protect the environment and improve the quality of life in all of the municipalities and unincorporated portion of Collier County by providing public education using mass communications and grassroots activities, which will result in understanding and action by individuals, business, civic, environmental and governmental organizations to protect the air, water and natural resources of our County; and, Whereas: Keep Collier Beautiful, Inc., organizes a cooperative volunteer network of citizens, organizations, businesses, and governmental entities for the annual Great American Cleanup/Bay Days activity; and is part of the national Keep America Beautiful Great American Cleanup; and, Whereas: Keep Collier aoad commu fra~ with the Adopt-A- Collier County's Collier County's Solid Waste volunteers >; and, Whereas: pports this n and NOW, TH be known citizen-' beauti izations, and conservation and Done and Ordered this Z5th Day of March 2003 BOARD OF COUNTY COMMI$5IONER$ COLLIE ,~O~OUN FLORIDA BROCK. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: [] Normal legal Advertisement (Display Adv., location, etc.) [] Other: Originating Dept/Div. - Alternative Transportation Modes Person: Bob Petersen Date: 3/5/03 Petition No. (If none, give brief description): Amend Ordiance No. 2001-76 -Livingston Road phase II MSTU Petitioner: (Name & Address): N/A Name & A~ktress of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) MR. Tor K&flat, 2713 Buckthorn Way, Naples, Fl 34105 Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): X Naples Daily News x [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001-76 , AS AMENDED, WHICH CREATED THE LIVINSTON ROAD PHASE II BEAUTIFICATION MUNICPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION SIX TO INCREASE THE NUMBER OF MEMBERS WHO SERVE ON THE ADVISORY COMMITTEE FORM FIVE TO NINE; LIMIT MEMBERSHIP ON THE ADVISORY COMMITTEE TO THREE MEMBERS FROM EACH SUBDIVISION OR EXHIBIT A TO DELETE GREY OAKI~DEVELOPMENT FORM THE BOUNDARIES OF THE DISRICT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDNG FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes [] No If Yes, what account should be charged for advertising costs: 111-1~47 - 649100 r/v/dby: Approved. by: on Head ' Date' ~ County Mana'~ger Date ~ii~t~c~ements: ORDINANCE NO. 2003 - Sketch of description Exhibit A 1 -2 pages DISTRIBUTION INSTRUCTIONS A! For hearm s beg · ' g ore BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: ~lf~[O~ Date of Public hearing: 3[~I~[{)3 Date Advertised: ORDINANCE NO. 2003-~ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001-76, AS AMENDED, WHICH CREATED THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION SIX TO INCREASE THE NUMBER OF MEMBERS WHO SERVE ON THE ADVISORY COMMITTEE FROM FIVE TO NINE; PROVIDING FOR AMENDMENT TO SECTION SIX TO LIMIT MEMBERSHIP ON THE ADVISORY COMMITTEE TO THREE MEMBERS FROM EACH SUBDIVISION OR COMMUNITY; PROVIDING FOR AMENDMENT TO EXHIBIT A TO DELETE GREY OAKS DEVELOPMENT FROM THE BOUNDARIES OF THE DISTRICT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 11, 2001, the Board of County Commissioners adopted Ordinance No. 2001-76 which created the Livingston Road Phase Il Beautification Municipal Service Taxing District (the "MSTU"); and WHEREAS, on March 26, 2002, the Board of County Commissioners adopted Ordinance No. 2002-14 to amend Section Six of Ordinance No. 2001-76 to allow property owners and appointed representatives of property owners to serve on the Advisory Committee; and WHEREAS, the Board of County Commissioners desires to increase the membership of the Advisory Committee from five (5) members to nine (9) members; and WHEREAS, the Board of County Commissioners also desires to remove Grey Oaks Development from the boundaries of this MSTU. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2001-76, AS AMENDED. Section Six is amended to read as follows: SECTION SIX: CREATION OF THE LIVINGSTON ROAD BEAUTIFICATION ADVISORY COMMITTEE; AND COMPOSITION - PHASE II APPOINTMENT Ao There is hereby created and established the Livingston Road - Phase II Beautification Advisory Committee, hereinafter referred to as the "Committee". Bo The Committee shall consist of ~ nine (9) members that generally represent the area within the MSTU. Members of the Committee shall be appointed by and serve 1 Words Underlined are added; Words e, .... ~. q-. .... ............. gh are deleted. Co Do at the pleasure of the Board of County Commissioners. Said members shall be petty ~ within the MSTU and electors of Collier County. The Board of County Commissioners shall consider appointment of members from different subdivisions or communities within the MSTU. No more than three (3) members shall serve on the Advisory Committee from each subdivision or community, unless there are no other applicants to fill a vacancy. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION TWO: AMENDMENT TO EXHIBIT A TO ORDINANCE NO. 2001-76, AS AMENDED. Exhibit A attached to Ordinance No. 2001-76, as amended, is deleted in its entirety and Exhibit A, attached to this Ordinance and incorporated herein, is substituted in its place. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word. SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2003. 2 Words Underlined are added; Words e, .... ~. q-~. .... ............. gh are deleted. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING. Chairman Approved as to form and legal sufficiency: H!i~!?. ~!~tonI Assistant County Attorney Words Underlined 3 are added; Words e,~.~t~ ~v, ....., ............. e,.. are deleted. TRANSPORTATION ENGINEERING DEPARTMENT; 8 A ' 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34112 (239) 659-5773 SKETCH OF DESCRIPTION NOT A SURVEY LIVINGSTON ROAD M.S.T.U. II BEGIN AT THE POINT OF INTERSECTION OF THE CENTERLINE OF GOtDEN GATE PARKWAY AHD 1 lie EAST RIGHT OF WAY LINE OF AIRPORT ROAD (C.R. 31); THENCE NORTHERLY ALONG SAID EASI ERI.Y RIGItl OF WAY LINE OF AIRPORT ROAD TO THE SOUTHWEST CORNER OF SECTION 13, TOWNSI lip 49 SOU1 H, FLANGE 25 EAST; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SEC3 ION 13 'I O II IE SOU IHWES1' COFINER OF THE PLAT OF "KENSINGTON", PHASE FOUR, AS RECORDED IN PLAT BOOK 30, PAGES 424,5; t I IEHCE NORTHERLY ALONG THE WEST LINE OF KENSINGTON PHASE FOUP, AND PHASE ONE I'O 111E SOU I,I IWEST CORNER OF TRACT 2, KENSINGTON PHASE ONE; THENCE WESTERLY ALONG THE SOUTH LINES OF LOIS 7,6,5,4,3,2, BLOCK "D" TO THE WEST LINE OF SAID PLAT OF KENSINGTON PHASE ONE; THENCE NORTHERLY ALONG SAID WEST LINE TO THE SOUTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) THENCE EASTERLY TO THE NORTHEAST CORNER OF AFORESAID SECTION 13; THENCE CONTINUE ALONG SAID SOUTH RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF SAID SECTION 18; THENCE EASTERLY ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTHERLY ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER NORTHWEST QUARTER; THENCE EASTERLY ALONG SAID NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NOR1HWES1- QUARTER OF THE NORTHEAST QUARTER TO THE NORTH.SOUTH QUARTER SECTION LINE; THENCE SOt! IItERI.Y ALONG '1 lie NORTH-SOUTH QUARTER SECTION LINE TO THE NORltl LINE OF SEC I ION 19, I OWNSI lip 49 SOU! H, HAI, IL;I~ 26 EAST, COLLIER COUN'[Y, FLORIDA; THENCE EASTERLY ALONG SAID NOR I t I LINE OF SEC I ION 19 10 I IIE WEST RIGHT OF WAY LINE OF INTERSTATE 75; THENCE SOUTHERLY ALONG SAID WESI, RIGttT OF WAY LINE OF INTERSTATE 75 TO THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE WES'I ERLY ALONG SAID SOUTH LINE OF SECTION 19 TO THE CENTERLINE OF LIVINGSTON ROAD (C.R 88t); THENCE SOUTHERLY ALONG SAID CENTERLINE OF LIVINGSTON ROAD TO THE CENTERLINE OF GOLDEN GATE PARKWAY; IHENCE WESTERLY ALONG SAID CENTERLINEOF GOLDEN GATE PARKWAY TO THE EAST RIGHT OF WAY LINE OF AIRPORT ROAD AND TO THE POINT OF BEGINNING~ LESS AND EXCEPT ALL LANDS OF "GREY OAKS" LYING IN SECTIONS 24 AND 25, TOWNSltlP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. GENERAL NOTES 1) P.O.C. -- POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION PREPARED BY: ..... '--- -' ....... ......... ._61o ,, . .ow.s.,, -..- ,. 5) RGE. = RANGE ~/GEORGE R. RICHMOND P.L,S. 2406 ............ 6) R/W = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 2685 HORSESHOE DRIVE SOUTH 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34104 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DIIIAWN BY CHECKED BY SCALE DATE FILE HO. NOT TO SCALE SHEET I OF I TRANSPORTATION ENGINEERING 3301 EAST TAMIAMI TRAIL NAPLES, (941) 774--8192 DEPARTMENT FLORIDA :~4112 N W E SCALE - FEET 0 1200 2400 SKETCH OF NOT A DESCRIPTION SURVEY GAlE PARKWAy LIVINGSTON ROAD ±1565 ACRES M.S.T.U. II PLOT DATE 02/06/03 (roj,,M=gsurnbol,) 200$_20t. DWG March 7, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider an Ordinance Amending Ordinance 2001-76 Dear Georgia: Please advertise the above referenced petition on Friday, March 14, 2002. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk Enclosure Charge to: 111-163647-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, March 25, 2003, in t Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 8:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001-76, AS AMENDED, WHICH CREATED THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION SIX TO INCREASE THE NUMBER OF MEMBERS WHO SERVE ON THE ADVISORY COMMITTEE FROM FIVE TO NINE; PROVIDING FOR AMENDMENT TO SECTION SIX TO LIMIT MEMBERSHIP ON THE ADVISORY COMMITTEE TO THREE MEMBERS FROM EACH SUBDIVISION OR COMMUNITY; PROVIDING FOR AMENDMENT TO EXHIBIT A TO DELETE GREY OAKS DEVELOPMENT FROM BOUNDARIES OF THE DISTRICT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY! AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLUER COUNIY COURTHOUSE 3301 TAMIAMI TRAIL EAST RO. BOX 413044 NAPLES, FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS March 7, 2003 Mr. Tor Kolflat 2713 Buckthorn Way Naples, FL 34105 Re: Notice of Public Hearing to consider Amending Collier County Ordinance No. 2001-76 Dear Mr. Kolflat: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 25, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, March 14, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Patricia L. Mor~lan To: Subject: Georgia (E-mail) Advertising -Amend Ordinance 2001-76 -Livingston Road Phase II ~i qeorgia, ®(ease aaCvertise the attac~iea~ on ~riaCay, ~arch 14, 2003. Amend Ord. Amend.Ord.#2 2001-76.doc 001-76.doc Patricia L. Morgan From: Sent: To: Subject: postmaster@clerk.collier.fl .us Friday, March 07, 2003 10:09 AM Patricia L. Morgan Delivery Status Notification (Relay) A1-F112598.txt Advertising - ~,mend Ordinance .., 'Tl~b is an automatically generated Delivery Status Hotification. (Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals ~ naplesnews, co m Patricia L. From: Sent: To: Subject: an System Administrator [postmaster@naplesnews.com] Friday, March 07, 2003 9:59 AM Patricia L. Morgan Delivered: Advertising - Amend Ordinance 2001-76 -Livingston Road Phase II Advertising - ~,mend Ordinance ... < <j~arvertising -./Imenar Or~'nance 2001-76 -£ivingston qOatf q'hase II>> CYour message CEo: qeorgia (~-mai0 SuSject: j4arvertising - ~ mentf Orarinance 2001-76-£ivingston ~aaC ®hase H Sent: ~ri, 75fiat2003 10:08:36-0500 was a&ivereaC to the fo£[owing recipient(s): ~egaFs on ~ri, 7 fl4ar 2003 09.'58:52 -0500 Advertising - Amend Ordinance 2001-76 -Livingston Road Phase II Patricia L. Morgan Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Friday, March 07, 2003 2:04 PM To: Patricia L. Morgan Subject: RE: Advertising - Amend Ordinance 2001-76 -Livingston Road Phase rcvd to run 3/14 georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Friday, March 07, 2003 10:09 AM To: Georgia (E-mail) Subject: Advertising - Amend Ordinance 2001-76 -Livingston Road Phase !! qeor ia, CP[ectse ac[vertise tt~e attacfzeaC on ~Fric[ay, g~larcfz 14, 2003. <<Amend 2001-76. doc>> <<Ord. Amend. Ord.#2001-76. doc>> 3/7/2003 Naples DaiLy Neus Naples/ FL 34102 Affidavit of Publication NapLes DaiLy News BOARD OF COLINTY COMH[SSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 111163647649 58623261 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Angels Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a neuspaper published at Naples, in said Collier County, FLorida, end that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples/ in said Collier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing th~s advertisement for pubLiction in the said newspaper. PUBLISHED ON: AD SPACE: 159.000 1NCH FILED ON: 03/14/03 Signature of Affiant t ~a~'c'~ ~c. ~ 4+ ~-~ Sworn to and SUbscribed ~r~s J~ day o NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given that on Tuesday, Morc~ 25, 2003, In the Boqr.d. room, :]rd Floor, Admmls. tratlOn. Bu_llding, Colllel County uovernmen Center, 3301 E,ost Ta_.mla. mi Trall~ Nal?e.s,?-Ior} ~: da, the aoara ot ...count Commissioners. wll! c_=on ~, sider the .e~a. cwnem ~j counfy Oralnance. ~n, meeting will commence -~ at 8.'00 A.M. The rifle of the proposed Ordinance ,. is as follows: r'' PRO~ AMEI~ ~ TION THE NU BERS - THE q~ MITTEE TY HIBIT GREY MENT SlOl~ FOR SEVEI FECTiVE DATE. Copies of the Ordinance are with the Clerk wish. be 011 flor gan a spa BOARD OF CouNTY, ,. coMMISSIONERS cOLLIER couNTY, FLORIDA 8/1 ORDINANCE NO. 2003- 1 2 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001-76, AS AMENDED, WHICH CREATED THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION SIX TO INCREASE THE NUMBER OF MEMBERS WHO SERVE ON THE ADVISORY COMMITTEE FROM FIVE TO SEVEN; PROVIDING FOR AMENDMENT TO SECTION SIX TO LIMIT MEMBERSHIP ON THE ADVISORY COMMITTEE TO THREE MEMBERS FROM EACH OF THE KENSINGTON AND WYNDEMERE DEVELOPMENTS AND ONE MEMBER OUTSIDE OF THESE DEVELOPMENTS; PROVIDING FOR AMENDMENT TO EXHIBIT A TO DELETE GREY OAKS DEVELOPMENT FROM THE BOUNDARIES OF THE DISTRICT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 11, 2001, the Board of County Commissioners adopted Ordinance No. 2001-76 which created the Livingston Road Phase II Beautification Municipal Service Taxing District (the "MSTU"); and WHEREAS, on March 26, 2002, the Board of County Commissioners adopted Ordinance No. 2002-14 to amend Section Six of Ordinance No. 2001-76 to allow property owners and appointed representatives of property owners to serve on the Advisory Committee; and WHEREAS, the Board of County Commissioners desires to increase the membership of the Advisory Committee from five (5) members to seven (7) members; and WHEREAS, the Board of County Commissioners also desires to remove Grey Oaks Development from the boundaries of this MSTU. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COIJJF. R COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2001-76, AS AMENDED. Section Six is amended to read as follows: SECTION SIX: CREATION OF THE LIVINGSTON ROAD BEAUTIFICATION ADVISORY COMMITTEE; AND COMPOSITION - PHASE II APPOINTMENT Ao There is hereby created and established the Livingston Road - Phase II Beautification Advisory Committee, hereinafter referred to as the "Committee". 1 Words Underlined are added; Words Sm:ch Thrc. ugh are deleted. Bo Co The Committee shall consist of ~e-¢5-) seven. (7) members that generally represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be r ............ res:dents, property owners ...... ;~*,-,~ ........ ,~,~ ..... c :'ty ~ within the MSTU and electors of Collier County. The Board of County Commissioners shall consider appointment of members from different subdivisions or communities within the MSTU. No more than three (3) members shall serve on the Advisory Committee from each of the Kensington and Wyndemere developments and one (1) member from property outside of these developments, unless there are no other applicants to fill a vacancy. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. Do Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION TWO: AMENDMENT TO EXHIBIT A TO ORDINANCE NO. 2001-76, AS AMENDED. Exhibit A attached to Ordinance No. 2001-76, as amended, is deleted in its entirety and Exhibit A, attached to this Ordinance and incorporated herein, is substituted in its place. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word. SECTION FOUR: CONFLICT AND SEVER, ABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. 2 Words Underlined are added; Words ~*~,~- ~'*, ..... u ............. ~,,, are deleted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ~5L~2003. DATED: .~' '~ ~" ~ ATTEST! ~.~ DWIdHTE;~'~OcK, Clerk BOARD OF COUNTY COMMISSIONERS OF co=.. F; _A . TOM HENNING, Chairman ~ ~. ~.s'.~, Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney 3 Words Underlined are added; Words e,~,~ q-t, ..... ~, ............. e,,, are deleted. TRANSPORTATION ENGINEERING DEPARTMENT 8[ 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34112 (239) 659-5773 SKETCH OF DESCRIPTION NOT A SURVEY LIVINGSTON ROAD M.S.T.U. II BEGIN AT THE POINT OF INTERSECTION OF THE CENTERLINE OF GOtDEN GATE PARKWAY Al'ID 'I'11E EAST RIGHT OF WAY LINE OF AIRPORT ROAD (C.R. 31); THENCE NORTHERLY ALONG SAIl) EAS1ERI.Y RIGtll OF WAY LINE OF AIRPORT ROAD TO THE SOUTHWEST CORNER OF SECTION 13, TOWNSItlP 49 sOuI'H, RANGE 25 EAST; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 13 '[O THE SOU'rHWEST CORNER OF THE PLAT OF "KENSINGTON", PHASE FOUR, AS RECORDED IN PLA-[ BOOK 30, PAGES 42-45; I lIENCE NORTHERLY ALONG THE WEST LINE OF KENSINGTON PHASE FOUR AND PHASE ONE ro TI IE SOU rIIWEST CORNER OF TRACT 2, KENSINGTON PHASE ONE; THENCE WESTERLY ALONG THE SOUTH LINES OF LOTS 7,6,5,4,3,2, BLOCK "D" TO THE WEST LINE OF SAID PLAT OF KENSINGTON PHASE ONE; THENCE NORTHERLY ALONG SAID WEST LINE TO THE SOUTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) THENCE EASTERLY TO THE NORTHEAST CORNER OF AFORESAID SECTION 13; THENCE CONTINUE ALONG SAID SOUTH RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF SAID SECTION 18; THENCE EASTERLY ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF lO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTHERLY ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER NORTHWEST QUARTER; THENCE EASTERLY ALONG SAID NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF 1HE NOR ! HWEST QUARTER OF TIlE NORTHEAST QUARTER TO THE NORTH-SOUTH QUARTER SEC1 ION LINE; THENCE SOH IHERI_Y At_ONG NORTH-SOUTH QUARTER SECTION LINE TO THE NORTH LINE OF SEC I ION 19, I OWNSI IIP 49 SOU1 I*1, RAN(~I~ 26 EAST, COLLIER COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID NOR Itl LIHE OF SEC'I ION 19 1 O II IE WEST RIGHT OF WAY LINE OF INTERSTATE 75; THENCE SOUTHERLY ALONG SAID WEST RIGltT OF WAY LINE OF INTERSTATE 75 TO THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE WES IERLY ALONG SAID SOUTH LINE OF SECTION 19 TO THE CENTERLINE OF LIVINGSTON ROAD (CR. 881); THENCE SOUTHERLY ALONG SAID CENTERLINE OF LIVINGSTON ROAD TO ~HE CENTERLINE OF GOLDEN GAlE PARKWAY; IHENCE WESTEHLY ALONG SAID CENTERLINEOF GOLDEN GATE PARKWAY TO THE EAST RIGHT OF WAY LINE OF AIRPORT ROAD AND TO THE POINT OF BEGINNING~ LESS AND EXCEPT Al.l. LANDS OF "GREY OAKS" LYING IN SECTIONS 24 AND 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION PREPARED BY: 4) wP.= TOWNSH,P 5) RGE. = RANGE .--~. ............... 6) R/W = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 2685 HORSESHOE DRIVE SOUTH 8) NOT VALID UNLESS SIGNED AND SEALED WITH TttE NAPLES, FLORIDA 34104 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY CHECKED BY SCALE DA'[E FILE NO. NOT TO SCALE SHEET 1 OF 1 TRANSPORTATION ENGINEERING 3301 EAST TAMIAMI TRAIL NAPLES, (941) 774--5192 DEPARTMENT FLORIDA 34112 N W E SCALE - FEET 0 1200 2400 SKETCH OF NOT A DESCI~IPTION SURVEY 24. 19 {. GAlE PARKWAY LIVINGSTON ROAD +1565 ACRES M.S.T.U. II TOD PLOT DArE 02/06/0J STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier'~County, Florida, .do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-12 Which was adopted by the Board of County Commissioners on the 25th day of March, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day Of March, 2003. ~:~erk cf Courts~.an~ ~terk County ~ ' · " '. ' -omm~s~zoners '- '~''' DepUty Cle~3' ~'7,." ' RESOLUTTON NO. 2003-127 A RESOLUTZON OF THE BOARD OF COUNTY COF4MZSSZONERS OF COLLZER COUNTY TO APPOTNT F4EMBERS TO THE PELZCAN BAY MUNZCZPAL SERVZCES TAXZNG AND BENEFZT UNZT ADVZSORY COM t4ZTTEE. WHEREAS, Collier County Ordinance No. 2002-27 established the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee and provides that the Committee shall consist of nine (9) members with a residential interest within the Unit and two (2) members with commercial/business or other interests who are residents of Collier County; and WHEREAS, the terms of 3 members will expire creating vacancies on this Committee for members with residential interest; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, by ballot, the residents of the Pelican Bay Municipal Service Taxing and Benefit Unit provided the Board of County Commissioners with their recommendation for appointment. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. John Iaizzo is hereby appointed to the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee as a member with a residential interest in the Unit for a 4 year term, said term expiring on March 31, 2007. 2. David C. Nordhoff is hereby appointed to the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee as a member with a residential interest in the Unit for a 4 year term, said term expiring on March 31, 2007. 3. Theodore .1. Raia, Ir., is hereby appointed to the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee as a member with a residential interest in the Unit for a 4 year term, said term expiring on March 31, 2007. This Resolution adopted after motion, second and unanimous vote. DATED: March 25, 2003 ATTEST: DWIGHT E. BROCK, Clerk ".. '," '-* "V .','~ ,? David C. County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM I-~Ei~NING, Chairman TO: FROM: DATE: OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM Ron Hovell, Coastal Projects Manager, Public Utilities Heidi F. Ashton, Assistant County Attomey~ February 12, 2003 SUBJECT: RLS No. PUW03012207 - Hideaway Beach/Royal Marco Point Renourishment In your Request for Legal Services, you asked whether Tourist Developmen! ~ funds should be used to renourish Hidenwn.v Beach bv placing sand in an area of the bea~ that does not have an erosion control line? ;.fy opinion is that the Board of County Commissioners may use Tourist Development taxes to add sand to .Hideaway Beach for beach renourishment even where there is no erosion control line provided the Board makes a finding of a public purpo~ and a finding that renourishment of these benches promotes tourism. There may be an incidental benefit to upland property owners. Section 125.0104(5)(a)4., Florida Statutes, provides Tourist Developmem taxes may be used to "finance beach park facilities or beach improvement, maintenance, renourishn~nt, restoration, and erosion control, including shoreland protection, enhancereent, cleanup or restoration of inland lakes and rivers to which there is public access as those uses relate Io the physical preservation of the beach, shoreline or inland lake or river." The funding of the renourishment of Hideaway Beach by adding sand is authorized under this Section. You explained that a portion of Hideaway Beach does not have an' erosion control line. The erosion control line delineates private property from state-owned land. A similar issue was presented to the Florida Attorney General in AGO 86-68. The Attorney General opined "A County may extend Tourist Development tax _:"-.hues to finance beach cleanin~ and maintenance without the necessity of establishinn the mean high water line so long as such expenditure ~aramountlv serves a public purpose and there is compliance with the req_~irements ,f -°--hamer !6!, Florida Statutes, and 253.77. Florida Statutes. where applicable.' The Attomev General noted "in authorizing the expenditure of Tourist Development tax revenues for beach erosion control and related projects. S~tion 125.0104, Florida S~mtes, contains no reauirement or provision for the establishment of the mean hi~,h water line prior to the expenditure of such :ax revenues." I have attached a copy of Ibis oninion for your re~iew. You should also make the Board aware of other beaches in Collier County where there is -~"~g~cm comro~. ~me. Fiease caii me ff vou have any additional ouestions. h'JFublic/Hcidl/Mcmo02003/roa hoveij rc ti&: ~xuenatmru.hm~wn~: oz.~.~,.:;; ......... 03/t0/2003 t0:23 FAX 2~9 304 4X76 HIDEAWAY BEACH ~ RMP IX ~00l/OOt March 18, 2003 David A. Somers Genial Mmger Hideaway lh~ch ~llon 250 South Bem:h Drive Marco Island, Florida 34145 Dear Dave: As I mentioned at the February ConsUl Advisor~ Committee meeting, I was very dJmppointed at the Committee's decision to suspend the truck hnuling project of sand renaurislunent for our Hideaway Beach area. As was reported to the Couunittee, ~be suspension of this project resulted in a section of Hideaway Beach being cut-off from the vest of the bench. I had felt that if such condition existed on other beaches on Marco and Naples that the authorizalion to proceed would have been approved without question. To me, it was 'tmact, eptable to leave one of our major beaches in such a cue-off position. Dave, I fully support completing this vital project as soon as possiblc so that this mjor Mans) Island beach wm have complete access along its shoFeUne. ~/John A. Arceri, Councihnan Marco IMand City Council RESOLUTION NO. 2003- ~_ 28 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO CORRECT A SCRIVENER'S ERROR IN THE METES AND BOUNDS DESCRIPTION ATTACHED TO THE ORDER OF TAKING ENTERED BY THE COURT ON APRIL 5, 2000 FOR THE TAKING OF PARCEL 110 IN THE CASE OF COLLIER COUNTY V. NORTHSIDE CONSTRUCTION, ET AL. WHEREAS, on April 5, 2000, the Circuit Court entered an Order of Taking for Parcel 110 in the case of Collier County v. Northside Construction, et al., Case No. 00-0136-CA; and WHEREAS, the sketch for Parcel 110, contained in composite Exhibit "A" (labeled page 22 of 66) correctly depicts the property intended to be taken for Parcel 110; although the directional calls for the parent tract shown on the sketch, while correct as to azimuth bearing and distance, are not consistently made in a clockwise or counterclockwise direction; and WHEREAS, the Board of County Commissioners has been advised that the metes and bounds description of Parcel 110 contains directional call errors, and does not reflect the property depicted on the sketch; and WHEREAS, the Board of County Commissioners intended to take the property depicted by the sketch; and WHEREAS, the Court has suggested that the Board of County Commissioners clarify by resolution that what is shown on the sketch is an accurate depiction of the parcel it intended to take; and WHEREAS, it is the Board's desire to clarify the record by correcting the scfivener's error contained in the written legal description. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The County intended to take the property depicted by the sketch contained in Exhibit "A" for Parcel 110. 2. The metes and bounds legal description described on the attached Exhibit "B" is the corrected metes and bounds description for Parcel 110, and it describes the property depicted by the sketch of Parcel 110. 3. The corrected legal description on attached Exhibit "B" is the corrected metes and bounds legal description of the property the Board of County Commissioners intended to describe and take for Parcel 110 at the Order of Taking hearing. lOB ADOPTED this o~0 day of .-' vote ,, Deputy Clerk Attest as to Chal~'8 signat~e ,2003 after motion, second and majority BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. By: ~~rl-~,~ TOM HENNING, Chairman Approved as to form and le~ufficielcy:>_/~ /~" I~eidi F. Ashton Assistant County Attorney PUBLIC WORKS ENGINEERING DEPARTMENT ,3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION Curve number I Radius = 5686.33' Z~ =.06'07'58' Arc = 608,66' Chord = 608,36' Chord Brg, S,07'20'11'E, Curve number 2 Radius = 5806,33' A = 02'02'37' Arc = 207.09' Chord = 207.07' Chord BfQ, S.09'22'52'E, S.89'32'I 8"E. 480.05' 187.45 CURVE NO. 1"~ PARCEL 110~ S.45'06°14"W 21.06' .385.04' 10'00'/ S.89'.31'15"E. 480.05' PINE FD"'C'F ROX-b-- - CR-896 (150' R/W) GENERAL NBTEg 1) P,R,C, Indlcai;es Polni; oF Commencement 2) P,FI,B, Indlcai:es Point oF Beginning 3> Sec. Indicates Section 4) Twp, Indicates Township 5) Rge, Indicates R~nge 6) R/~ Indicates Right-oF-way 7) All distances are In Feet and decimals thereof 8) Bearings are based on the East line oF said Section [2 as beln§ N,00'17'03'~/, 9) Not valid unless signed and sealed with the embossed seal oF the professional land surveyor I.~1 tg I:',,I ('4 I..~JJ LLI ZZ I I i_.v ZOO ~ I 0 DRAW~ L.H,R. CHECKED BY: THIS IS ONLY A SKETCH J DATE: FILE I I P:O.B. 5,00' P.O.C. EXHIBIT .. NFIT TEl SCALE llO SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 2685 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34112 (239) 659-5773 10 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO.. PARCEL NO... FOLIO NO... FEE SIMPLE TITLI~ COMMENCING AT THE SOUTIIEAST CORNER OF SECTION 12, TOWNSltlP 49 SOUTH. RANGE 2S EAST COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT BEING TIlE CENTERLINE INTERSECTION OF LIVINGSTON ROAD {C.R. Illll} AND PINE RIDGE ROAD (C.R. 886); TItENCE NORTH 0 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF '/5.00 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 15 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE POINT OFBEOINNINO; THENCE NORTH 0 DEGREES 17 MINUTES 03 SECONDS WEST ALONG ALINE LY1NO 30 FEET WEST AS MEASURED PERPENDICULAR TO, SAID EAST LINE OF SECTION 12, A DISTANCE OF 1245~?1 FEET', THENCE NORTH 119 DEGREES 32 MINUTES 18 SECONDS WEST, A DISTANCE OF 187.45 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A ILADIUS OF 5806.33 FEET, A CENIltAL ANGLE OF 2 DEGREES 02 MINUTES 37 SECONDS, AND A CHORD OF 207.0'/FEET BEARING SOUTH 9 DEGREES 22 MINUTES 52 SECONDS EAST; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 207.09 FEET TO TIlE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE WEST, tIAVING A RADIUS OF 5686.33 FEET, A CENTRAL ANGLE OF 6 DEGREES 07 MINUTES 58 SECONDS, AND A CtlORD OF 608.36 FEET BEARING SOUTH 7 DEOEEE$ 20 MINUTES ! ! SECONDS EAST; THENCE SOUTH ALONO SAID CURVE, A DISTANCE OF 608.66 FEET; THENCE SOUTII 0 DEGREES 17 MINUTES 09 SECONDS EAST, A DISTANCE OF 411.86 FEET; THENCE · SOUTH 45 DEGREES 06 MINUTES 14 SECONDS WEST. A DISTANCE OF 21.06 FEET, THENCE NOR'I'll 89 DEGREES 31 MINUTES 15 SECONDS WEST, A DISTANCE OF 385.04 FEET; THENCE "SOUTH 00 DEGREES 17 MINUTES 13 SECONDS llAST'A DISTANCE OF 10.00 FEET TO ~ NORTH Riolfr OF WAY LH, IE OF AFORESAID PINE RIDGE ROAD ~ TIH~NCE SOUTH 89 ' DEGREES 31 MINUTES 15 SECONDS EAST ALONG SAID NORTH RIi3tlT OF WAY LINE, A DISTANCE OF 4110.05 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 3.253 ACRES {141,691} SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS TIlE EAST LINE OF [IECTION 12 BEING NORTH 00 DEGREES 17 MINUTES 03 SECONDS WEST. PARCEL 110 PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 TRANSPORTATION ENGINEERING DEPARTMENT. 2685 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT ~301 EAST 'TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION Curve number I Radius = 5686,33' Z~ = .06'07'58' Arc = 608,66' Chord = 608,36' Chord Brg. S,07'20'11'E, Curve number Radius = 5806,33' A = 02'02'37' Arc = 207.09' Chord = 207.07' Chord Br9, S.09'22'52'E, lO,O0'J S.89'52'18"E. 480.05' 187.45 CURVE-~ NO. 2 CURVE NO. 1 PARCEL 110-% S.45'06'14"W.-x o. 385.04' '~ S.89'31°15"E. 480.05' PINE ~l'b~-"~-E ~O~-'D-- CR-896 ('150' R/W) GENERAL NOTES l) P,R.C, Indlca'tes Poln-t o? Commencemen-t P) P.O,B, Indlca'tes Poln-t oF ]]eglnnlng 3) Sec, Indlco.-tes Section 4) Twp, Indlca'tes Township 5) Roe. Indicates Range 6) R/~/ Indlca'tes Right-oF-way 7) Att dls-tances are In Fee-t and declmats 'thereof 8) Bearings are based on 'the Eas-t tine oF said Sec't:lon 12 as being N,00'17'03'~/, 9) No-t vatld untess signed and seated wi-th 'the embossed ~eal oF 'the professional land '~urveyor DRAWN BY: I CHECKED BY: L,M,R. THIS IS ONLY A SKETCH I DATE: FILE NO.: -30' //-- P:O.B. P.O.C. NOT TD SCALE I II-30-9B 110 SHEET 2 OF 2 10C MEMORANDUM Date: To: From: Re: March 26, 2003 Peter Schalt, PMP, Project Manager Public Utilities Engineering Department Teri Michaels, Deputy Clerk Minutes & Records Department Amendment of Consent Order between Collier County Board of County Commissioners and The State Of Florida Department Of Environmental Protection - OGC FILE NO. 01- 0552-11-DW Enclosed please find one (1) original document as referenced above (Agenda Item #10C), approved by the Board of County Commissioners on Tuesday, March 25, 2003. Kindly forward same to the appropriate person(s) for the required signature(s), and return the fully executed original to Minutes and Records. If you should have any questions, please contact me at 774-8411. Thank you. Enclosures Memorandum 100 To: From: Date: Subject: Terri Michaels, Clerk Clerk of Courts, Minutes & Records Peter Schalt, PMP, Project Manager ~5 Public Utilities Engineering Department April 21,2003 Florida Dept. of Environmental Protection Consent Order Amendment No. 2 Terri: Per your request, attached please find a certified copy of the subject document, as approved by the Board on March 25, 2003, Item 10(C). If you recall, the FDEP refused to return the original, and as you and I discussed and agreed, the certified copy will be satisfactory. I trust this meets your requirements. If you have any further questions, please call me at extension 5343. Attachment: Amendment No. 2 To FDEP Consent Order Cc: James W. DeLony, P.E., Administrator Roy Anderson, P.E., Engineering Director William D. Mullin, P.E., Principal Project Manager Joseph Cheatham, Wastewater Director Dale Waller, NCWRF Superintendent Karl W. Boyer, P.E., Principal Project Manager Alicia Abbott, E.I., Project Manager Mohan V. Thampi, P.E., Senior Project Manager Harry Huber, P.E., Senior Project Manager File 73031.06, 73077.06, 739501.06, 739502.06, Permitting File Public Works Engineering Jeb Bush Governor Department of Environmental Protection South District P.O. Box 2549 Fort Myers, Florida 33902-2549 April 16, 2003 David B. Struhs Secretary CERTIFIED MAIL NO.: 7002 2410 0002 4843 6573 RETURN RECEIPT REQUESTED The Honorable Tom Henning, Chairman Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Re: Collier County - DW Collier County North Regional OGC Case No. 01-0552-11-DW Dear Chairman Henning: Enclosed is the signed and entered Consent Order to resolve the above referenced case. This copy is for your records. A certified copy has been sent to Peter Schalt, Collier County Public Utilities Engineering Department, to be recorded in the Collier County Minutes and Records Department. Please note that all compliance dates begin from the date of entry of this order, which is April 16, 2003. Upon satisfactory completion of all conditions of the Order, we will close this case and place it in our inactive file. If you have any questions, please contact Keith Kleinmann of this office at (239) 332-6975, ext. 182. Your cooperation in resolving this case is appreciated. Sincerely, RWC/KK/cap Enclosure cc: Kathy Carter (w/enclosure) Enforcement file Peter Schalt (w/certified copy enclosed) "Adore Protection, Less Process" Richard W. Cantrell Director of District Management Pnnted on recycled paper. Jeb Bush Governor Department of Environmental Protection South District P.O. Box 2549 Fort Myers, Florida 33902-2549 100 David B. Struhs Secretary CERTIFICATION I HEREBY CERTIFY that the attached Amendment of Consent Order (between the State of Florida Department of Environmental Protection and the Collier County Board of County Commissioners, dated April 16, 2003, OGC Case No. 01-0552-11-DW) is a true copy of a document contained in the Department of Environmental Prote,ction's files. Dated this t/? day of April 2003. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION M,~,R,~NE C. MO-NAHAN Deputy Clerk 2295 Victoria Avenue, Suite 364 Post Office Box 2549 Fort Myers, Florida 33902-2549 Telephone: (239) 332-6975, ext. 123 "More Protection, Le~';s Process" Printed on recycled paper. BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Complainant, VS. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent. IN THE OFFICE OF THE SOUTH DISTRICT OGC FILE NO. 01-0552-11-DW AMENDMENT OF CONSENT ORDER The State of Florida Department of Environmental Protection ("Department") and the Collier County Board of County Commissioners ("Respondent") having entered into a Consent Order in OGC File No. 01-0552-11-DW ("Consent Order") to reach settlement of certain matters at issue between the Department and Respondent, desiring to enter this Amendment of the Consent Order ("Amendment") to allow the below-described time extension to obtain a wastewater permit from the Department to increase the disposal capacity of the North Facility, and to address the inflow/infiltration concerns at the North and South Facilities, the Department finds and Respondent admits the following: 1. The below-described time extension is appropriate because the permitting process has created unexpected delays in the construction schedule. Wherever the completion time is indicated in months from a particular event (i.e., from receipt of permit), the due date for completion of that particular activity will be considered the end of the month of the resultant activity. OGC File Number: 01-0552-11-DW l0c 2. All of the paragraphs in the original Consent Order that are not amended below shall remain in full force and effect. Having reached a resolution to the matter, the Department and the Respondent mutually agree, and it is, ORDERED: 3. The following paragraphs will substitute for paragraphs 7, 12, 13a, 13b, 13c, 15, and 16 in the above referenced Consent Order. 7. The Department may approve, upon written request from the Respondent, the use of the four-oxidation ditches of the 5 MGD expansion for treatment. Department approval to use the oxidation ditches for treatment will be on a case-by-case basis. Upon completion of the requirements of paragraph 12 (below), approval from the Department to use the 5 MGD expansion for treatment will no longer be necessary. 12. Respondent shall complete the construction of the flow equalization/surge tanks, referenced in paragraph 11 in the original Consent Order, by March 31, 2004. 13a. Respondent shall submit a comprehensive review of the County's current collection system and facility capacities. The review shall include but not be limited to an analysis of the Respondent's currently allocated flows, existing flows and future wastewater flo~vs. This analysis shall be performed using accepted engineering principles. The analysis shall be signed and sealed by a professional engineer registered in the State of Florida. The comprehensive analysis shall be submitted to the Department by October 1, 2001. Respondent shall also submit annual capacity 2 OGC File Number: 01-0552-11-DW l0c analysis reports for both facilities beginning July 1, 2002 and lasting until July 1, 2005. 13b. Respondent shall conduct a comprehensive inflow/infiltration (I/I) study addressing the North and South Sewer Service Areas, and submit the results to the Department by December 31, 2006. The Respondent shall conduct any operations and maintenance measures that are needed to correct the Ill problems in order to prevent additional violations. 13c. Respondent shall submit an application for the design of the Palm Drive and Davis Boulevard Force Main for the correction of the I/I problems in the surrounding collection and transmission system. This application shall be submitted within thirty (30) days of the signed date of this Consent Order. The construction of this System shall be completed by June 30, 2003. 15. Respondent shall certify complete 5 MGD of the expansion to the North Facility, referenced in paragraph 14 of the original Consent Order, and place 5 MGD of the expanded facility into operation by September 30, 2005. Respondent shall certify the additional 5 MGD of the expansion to the North Facility, referenced in paragraph 14 of the original Consent Order, complete and place the additional 5 MGD of the expanded facility into operation by January 1, 2016 or one year prior to a projection of the facility exceeding capacity which ever comes first. 16. Respondent shall complete an expansion of the South Facility to 16 MGD maximum monthly flow within thirty three (33) months of the issuance of the required Department permits. OGC File Number: 01-0552-11-DW 10C 4. Respondent waives its right to an administrative heating afforded by Sections 120.569 and 120.57, Florida Statutes, on the terms of this Amendment. Respondent acknowledges its fight to appeal the terms of this Amendment pursuant to Section 120.68, Florida Statutes, but waives that right upon signing this Amendment. 5. Persons who are not parties to this Amendment, but whose substantial interests are affected by this Amendment, have a right, pursuant to Sections 120.569 and 120.57, F.S., to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, F.S. The petition shall contain the following information: (a) The name, address, and telephone number of each petitioner; the Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Consent Order; (c) A statement of how each petitioner's substantial interests are affected by the Consent Order; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Consent Order; (f) A statement of which rules or statutes petitioner contends require reversal or modification of 4 OGC File Number: 01-0552-11-DW 10C the Consent Order; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is filed, the administrative heating process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57, F.S., and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205, F.A.C. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.$69 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.$73 before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the Respondent, the Department, and any person who has filed a timely and sufficient petition for a hearing) and OGC File Number: 01-0552-11-DW lOC by showing how the substantial interests of each mediating party are affected by the Consent Order. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, MS #35, Tallahassee, Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; (f) The name of each party's representative who shall have authority to settle or recommend settlement; and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. OGC File Number: 01-0552-11-DW As provided in section 120.573 of the Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by sections 120.569 and 120.57 for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within 21 days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57 remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 6. This Amendment is final agency action of the Department pursuant to Section 120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Amendment will not be effective until further order of the Department. OGC File Number: 01-0552-11-DW ~ .... "~b/- FOR T~ RESPO~ENT: · · · Collier Co~y Boa~f County Gmmnzss~oners Tom Henmng _ DATE ,, Please do not write below this hne. For DEP use only. Florida. DONE AND ORDERED this of 2003, in Fort Myers, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Richard W. Cantrell Director of Disthct Management FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to {}120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. (~ ]e~r[ 0 - Date' RWC/KK/cap RESOLUTION NO. 2003 - 5 2 9 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING ANY PROPOSED FLORIDA LAW THAT WILL DIMINISH ANY AUTHORITY OF ANY LOCAL GOVERNMENT TO REGULATE ANY TELE- COMMUNICATIONS FACILITY EXCEPT TO THE EXTENT NECESSARY TO FACILITATE THE E911 PROGRAM AT THE LOCATION OF EACH SUCH TELECOMMUNICATIONS FACILITY WHEREAS, Senate Bill 1450 and House Bill 1307 have been proposed to the Florida Legislature to be enacted into the general laws of Florida; and WHEREAS, the alleged necessity for enactment of SB1450 and HB1307 is that but for the proposed amendments, telecommunications providers will not be able to comply with requirements of the E911 program; and WHEREAS, SB 1450 and HB 1307 accomplish very little to facilitate compliance with any requirement of the E911 program, but grant to telecommunications providers wholly gratuitous and unnecessary benefits and exemptions from local regulations; and WHEREAS, the Board of County Commissioners of Collier County, Florida, opposes every proposed amendment to any Florida Statute except to the extent that each such provision is absolutely necessary to facilitate the E91! program at the site of the respective E911 telecommunications facility. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners of Collier County, Florida, hereby expresses its opposition to any change to any Florida Statute except to the extent that each such change is proven to be necessary to facilitate use of the respective E911 telecommunications facility, including, but not limited to: a. Any exemption of any telecommunication facility from any local government ordinance, rule or regulations, and any limitation of authority of any local government to enact any such ordinance, rule or regulation; b. Any required increase in height of any tower or antenna; and c. Any time period in which any government must respond to any application for any permit or other applied-for authorization with regard to any telecommunication facility, including any "automatic approval" based upon failure of the government to respond to any such application within any specified time period. IOE This Resolution adopted this ~ day of March 2003, after motion, second and majority vote in favor of adoption. ~pp~ ~s ~orm ~'t-' .; legal s,~c~ncy~ .... ~;-s~ ,- Thomas Palmer, Assistant County Attorney 1OH RESOLUTION NO. 2003 - 13 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING A TEMPORARY FUEL COST SURCHARGE TO ALLOW TAXICAB DRIVERS TO RECOVER SOME COSTS OF THE RECENT INCREASES IN COSTS OF MOTOR VEHICLE FUELS WHEREAS, there have recently been extraordinary and unanticipated increases in the costs of gasoline and diesel fuel to operate motor vehicles, which cost increases cannot be avoided by taxicab drivers; and the current maximum taxicab rates set by Collier County's Vehicle for Hire Ordinance were established based upon assumptions that the costs of motor vehicle fuel would not be as high as they are currently; and WHEREAS, taxicabs average approximately twelve (12) miles per gallon of motor fuel and approximately half of the time a taxicab is on the road and "on duty for business" is spent driving with no passenger in the taxicab; and WHEREAS, taxicab drivers need temporary rate relief to be allowed to recover part of the recent increases in the retail costs of motor vehicle fuels. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Each taxicab operator certificated by the Collier County Public Vehicle Advisory Board is hereby authorized, but not required, to add a fuel cost surcharge for each trip up to $1.00 in addition to the total rate as indicated on the meter for the trip, provided the following notice in posted in the taxicab in a place and manner that the notice can readily be read by passengers: "Notice to Passengers: Due to the high cost of fuel your Driver is temporality authorized, but not required, to charge a fuel cost surcharge up to $1.00 above the amount of money shown on the taximeter." All money collected from these fuel cost surcharges shall belong exclusively to the taxi driver who collected the surcharge to pay for the increased costs of fuel for the taxicab. This temporary fuel cost surcharge shall continue until repealed by Resolution of the Board of County Commissioners acting as the Public Vehicle Advisory Board, which Resolution shall be adopted as soon as practicable after the average retail cost along Airport Pulling Road in Collier County for unleaded regular gasoline is determined by that Public Vehicle Advisory Committee to have dropped below $1.55 and 9/10th cents per gallon. 4. This Resolution shall be effective upon its adoption PASSEO. x~,D ADOPTED by the Board of County Commissioners of Collier County, Florida,. th~I ~,, ~ ,2003. A~f~-.f~l~e~li.c,. ', BOARD OF COUNTy CO~ISSIONERS DW~O~ E~:B~Od~;~.-: COLLmR CO~~OR~] "D~Gl~rk'~"~, ..~ ' TOM~NN~, Chai~a~ ~ Approved as t°fo~ an~ legal sufficiency: Thomas C. Palmer, Assistant County Attorney FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME MAILING ADDRESS 3301 Tamtami Trail East CITY COUNTY Naples Collier DATE ON WHICH VOTE OCCURRED March 25, 2003 NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Collier County Board of County Commissioners THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: [] CITY ~ COUNTY ~ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: ELECTIVE r~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict Df 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 form 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 voting on a measure which inures to his or her special private gain Dr lOSS. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special pdvate gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acrs, 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, brother, sister, father-in-law, 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 situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WI'ITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: 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 WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 lOJ MEMORANDUM Date: To: From: Re: March 26, 2003 Harry Huber, Senior Project Manager Public Utilities Engineering Department Teri Michaels, Deputy Clerk Minutes & Records Department Two Grant Agreements From The 2003-2004 South Florida Water Management District Big Cypress Basin - Contract #C-15063 Enclosed please find two (2) agreements, as referenced above, (Agenda Item #10J), approved by the Board of County Commissioners on Tuesday, March 25, 2003. Kindly forward same to the South Florida Water Management District for the required signatures, and return one fully executed original to Minutes and Records. If you should have any questions, please contact 774-8411. Thank you. Enclosures 20 -2004 SOUTH FLORIDA WATER M~N~ME~T': ISTRICT BIG CYPRESS BASIN COOPERATIVE AGREEMENT ' Recipient: COLLIER COUNTY PUBLIC UTILITIES DIVISION Recipient's Project Manager: James W. DeLony Address: 3301 East Tamiami Trail Bldg. "H", 3ra Floor Naples, FL 34112 Telephone No: (239) 732-2540 Fax No: 239) 732-2526 SFWMD Project Manager: Governing Board Approval Date: Not Applicable District Funding Amount: $ 54,000.00 Not to Exceed 50% of total project cost Barbara Kerby Address: 6089 Janes Lane Naples, FL 34109 Telephone No: (239) 597-1505 Fax No: 597-4987 Insurance: A~icable/Not Applicable Federal Employer Identification Number: Project Title: 59-6000558 Code Enforcement Inspection Position and Rain Sensor Switch Installation Program Description: Staff position to provide inspection for Collier County water irrigation inspection program. Contract C-15063 Page I of 9 This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.I The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Project Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A". Contract C-15063 Page 2 of 9 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING lOJ 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that the Project has been completed in accordance with Attachment "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall inspect all work and review final repons before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required repons or met all of the administrative requirements. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed sChedule of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. 4.5 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated on the first page of this Agreement. Contract C-15063 Page 3 of 9 lOJ All notices to the District under this Agreement shall be in writing and sent by certified mail to the South Florida Water Management District at the below address: Attn: J. M. Rule, C.P.M. Contracts - Procurement Department 3301 Gun Club Road West Palm Beach, FL 33406 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the fight to terminate this Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the ' prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. Contract C-15063 Page 4 of 9 lOJ 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final paYment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient Contract C-15063 Page 5 of 9 lOJ assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. Contract C-15063 Page 6 of 9 lOJ ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10. I The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. 10.2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, 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 otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Contract C-15063 Page 7 of 9 1 1.4 11.5 11.6 lOJ Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. This Agreement may be amended only with the written approval of the Parties. This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-15063 Page 8 of 9 lOJ IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By:. Frank Hayden, Procurement Director Date: Board of County Commissioners, Ex-officio Recipient's Legal Name: the govsrning bo. ard of the Collier County Water-Sewer Distric ~,~:~r~:~ By Authorized Official: Title: Tom Henning, Chairman Project Start Date: March 31 2003 SFWMD Procurement approved: Date:~/,~.L2 Contract C-15063 Page 9 of 9 2002-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE WATER RESOURCES PROJECT APPLICATION FORM Application No: BCB CWRP - FY03 ATTACHNENT C-15063 (District to provide) lOJ The undersigned Applicant has read all of the terms and conditions of the Big Cypress Bask Cooperative Water Resources Projects Funding Program Guidelines and Application, and certify that all of the information contained within this Application and subsequent Attachments are true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer District (State Div./Dept. if applicable) Project Title: Code Enforcement l:nspector/Rain Sensor Switch l:nstallation Program Description: Full-time staff position to provide water irrigation inspection for Collier County. Matching funding for the Purchase and installation of new rain sensor switches. Applicant's Address: 3301 East Tamiami Trail Bldg. 'H', 3'e Floor Naples, FL 34112 Funding Amount Requested: $100,000 County in which Project will be Built: Collier County Type of Organization: County &overnment Is thc Project being performed on District property7 Yes [] No I Date of Incorporation: State of Incorporation: Federal ID No.: 21-07-01999§-§3C If "yes", please attach District's Certificate of Insurance. Has your organization ever received funding under the Big Cypress Basin Cooperative Water Resources Projects Funding? Yes [] No I Year last received: Authorized Person's Name: Same~_W. DeLony, PE ~,.,, : / Signature' Title:. Publ~' Utilities Administrator Amount of Funding Received: Telephone Area Code/Number: (23g) 732-2540 Fax Number: (239) 732-2526 C-15063 PAGE 1 OF 6 DETAILED DESCRIPTION OF PROJECT lOJ Statement of Work for the Code Enforcement Inspector Position and Rain Sensor Switches 1.0 Introduction The Collier County Board of Commissioners (BCC) adopted the "Collier County Water Irrigation Ordinance" on April 9, 2002, County Ordinance No. 2002-17. By adopting the ordinance, the BCC has determined that the protection of water resources is in the best interest of Collier County. Their position on protecting and preserving the water resources of Collier County conforms to the mission of the Big Cypress Basin of the South Florida Water Management District by providing a regulatory framework to assist in the conservation of water resources of the area. The chief components of the ordinance are to limit potable water uses for irrigation by restricting the hours for landscape irrigation, and to require that new and existing irrigation systems are equipped with rain sensor switches. Under the ordinance, existing irrigation systems must be retrofitted with rain sensor switch switches within one year from the effective date of the ordinance. Therefore, rain sensor switches are required to be installed on all irrigation systems by April 16, 2003. The County has committed to create a full-time position within the Collier County Water Department for a Water Irrigation Code Enforcement Inspector. The inspector's responsibilities will be to enforce the County's Water Irrigation'Ordinance through the on-going inspections of new and existing irrigation systems and to levy citations against violators of the ordinance. Fines for violations have been set at $75.00 for each violation, with civil infractions of up to $500.00 for repeat offenders. It is planned to seek BCC approval to require that fine revenues collected be kept within the Water Department to fund water conservation education endeavors and to partially fund the Code Enforcement Inspector position. The grant application for this project is for partial funding for the first year's salary to establish the position of Water Irrigation Code Enforcement Inspector. In addition to establishing the Code Enforcement Inspector position, funding is being sought to provide financial assistance to homeowners of Collier County who must now equ/p their existing irrigation systems with rain sensor switches. The rain sensor switches are designed to override the irrigation cycle of the sprinkler system when adequate rainfall has occurred. The intent in providing financial assistance is to offset the homeowner's initial cost to upgrade their irrigation system and to bolster cooperation between the County and its water customers. The County's goal is to achieve 100 percent compliance with the Water Irrigation Ordinance. 2.0 Project Scope The project includes funding for a portion of the salary of the Water Irrigation Code Enforcement Inspector through December 2003 and funding provisions to provide financial assistance to homeowners for installation of irrigation system rain sensor switches. Tasks include the following: C-15063 PAGE 2 OF 6 lOJ Water Irrigation Code Enforcement Inspector: County selects new hire for the Code Enforcement Inspector · County Water Department requests BCC to approve use of fine revenue to water conservation education and Code Enforcement irrigation violations only. · Code Enforcement Rain Sensor Switch Installation Program: · Establish program funding criteria · Send notification to water customers fund · Install rain sensor switches (by private owners) · Provide refunds to customers 3.0 Work Breakdown Structure 3.1 Description of Project Elements The grant funding request incorporates two interrelated projects through the Collier County Water Irrigation Ordinance: the Water Irrigation Code Enforcement Inspector position and the Rain Sensor Switch Installation Program. The associated tasks required to complete each project are as follows: Water Irrigation Code Enforcement Inspector: As described above, the County will hire the inspector and request the BCC to approve use of fine revenue to fund water conservation education and Code Enforcement. The Code Enforcement Inspector's job description will be for enforcement of irrigation violations only. Rain Sensor Switch Installation Program: The County will establish the criteria for a refund program for installation of rain sensor switches. Options include refunds for a portion of the purchase of the equipment only or refunds for a portion of the equipment and installation costs. Notifications will be sent to customers advising of the procedures for refunds. Notifications will include potential rain sensor switches suppliers and installation contractors. Customers that request refunds will be required to provide copies of receipts and installation date. Refunds could be provided in the form of credits to water bills. 3.2 Project Justification and Cost/Benefit Estimates This project is justified through the adherence of the goals and objectives of the Collier County Water Irrigation Ordinance. Funding for the new Water Irrigation Code Entbrcement Inspector will C-15063 PAGE 3 OF 6 lOJ enable the County to begin immediately enforcing the rules of the new ordinance. This is a newly created, full-time position that will allow the County to enforce the Water Irr/gation Ordinance. The cost benefits for providing funding for the position will be recognized with the decrease of potable water demand. Further justification is that funding will help overcome start-up cost for the first year of the position. Once the program is started, fine revenue generated from citations issued to violators will partially fund future salaries of the position and provide the County additional funding to educate their citizens regarding water conservation. If funds for installation of the rain sensor switches are provided, this will encourage homeowners to abide by the requirements of the Water Irr/gation Ordinance. Offsetting the initial cost of the rain sensor switch sends a clear message that the County is willing to partner with the homeowners in protecting the water resources of the District by sharing the burden of installation cost. The overall benefit will be greater voluntary participation with the installation of the rain sensor switches. 3.3 Long-Term Benefits The long-term benefit of the Code Enforcement Inspector position will be to monitor and reduce irrigation violations on a year-round basis to protect the water resources of the County. The long-term benefit to assisting homeowners with the up-front cost of the rain sensor switch installations is the collaboration between the County and the citizens to work together to meet the requirements of the new ordinance. 4.0 Project Cost It is anticipated that the Code Enforcement Inspector position salary will be in the range of $30,000 to $40,000 per year. The current budget allows for the County to hire someone for this position. Costs for rain sensor switches will vary depending on whether they are installed by the homeowner or by contractors hired by the homeowner. It is estimated that the cost of rain sensor switch equipment installed will average about $100 per customer and that there may be 1,500 customers remaining to install rain sensor switches. Total costs for this program may therefore be $150,000. There will also be an estimated cost of $10,000 for the County to administer the rain sensor switch refund program. There are currently no budgeted costs for the rain sensor switch program. 5.0 Location of Project This project is Countywide within the unincorporated areas of Collier County. 6.0 Schedule All rain sensor switches are required to be installed by April 16, 2003. The Code Enforcement Inspector position will be ongoing starting in early 2003. C-15063 PAGE 4 OF 6 FUNDING PROPOSAL !Oj The funding proposal for this project consists of two components. Component One - Code Enforcement Inspector The first component is the request for funding for half of the cost of hiring one full time Code Enforcement Inspector. Collier County has budgeted for and will reclassify an existing vacant position once the grant is approved. The Personnel Budget for the Water Distribution Fund is attached. The amount budgeted for the vacant position is currently $35,410. Component Two - Rahz Sensor Switch As for the matching funds for the rain sensor switch portion of the application, Clarence Tears (BCB-SFWMD) indicated that Collier County could use customer funding (a receipt from the installation of the rain sensor device by a contractor, or a receipt for the purchase of the rain sensor device if the owner of the irrigation system elects to do a self-installation) for the matching funds. Documentation to identify this match is not available at this time due to the fact that matching funds will actually come from customers of the Collier County Water-Sewer District. The request for support shall be applied only for the payment of costs associated with the project elements identified. tll l C-15063 PAGE 5 OF 6 FUNDING PROPOSAL Personnel Budget Information 10J Water Distribution Fund DRAFT 10/31/02 CC. OC DESCRIPTION i APPROPRIATION ENCUMBRANCE YTD EXPENSE MTD EXPENSE UNENCUMBEREI) _~_3_~12 512100 REGULAR SALARIES 1,674,300.001 0.00 83,684.67 83,684.67, 1,590,61~.33 253212 513100 OTHER SALARIES AND WAGES 0,0~ 0.00 1,393.56 1,393,56 -1,393.~ 253212 514100 OVERTIME 139,300.00 0.00 14,512.38 14,512.38 124,78762 253212 519100: RESERVE FOR SALARY ADJUSTMENT 95,800.00 0.00 0.0(] 0.00 05,8000(]" 253212 521100 SOCIAL SECURITY MATCHING 138,700.00 0.0~ 7.382.22 7,382.22 13_~1 317.78 2532121 5221.~_~ RETIREMENT - REGULAR 111 ?00.00 0.00 5,64995 5?4995 105,550.05 25321_2 523150 _HEALTM INSURANCE 370,100.00 000 0.00 0.00 370,1~ 00 _ 253212 523160 :LIFE INSUR_A. NCE 7,200.00 0.00 0.00 0.00 7,200.~ 253212 524100 WORKER'S COMPENSATION - REGULAR 71,000.00 0.00 0.00 000 71 '_~_-_~2i2 631410 SURVEYING FEES 3,000.00 0.00 0.05 0.00 3,000 00 253212 634800 COLLECTION SERVICES 25r000.00 0.00 0.05 0.00 25~000.(~ _~3712 634805 EMERGENCY MAINT & REPAIR 80,500.00 0.00 0.00 0.0~ 80,500.0D 253212 634980 INTERDEPT PAYMENT FOR SERV 1,500.00: 0.00 0.00 0.00 1,500.00 253212 6~k999 OTHER CONTRACTUAL SERVICES 609~ ~.~_~182.84 ~.48 42 358.48 281 253212 639965_ LOCKSMITHS - SERVICES AND SUPPLIES ~ 500.05 1 000.00 0.00 0.00 -500.0C 253212 640300 OUT OF COUNTY TRAVEL -PROFESSIONAL D 6,200.--'--~ ~ 1~.~ 0.00 0.{~ ~ 5~.~ 253212 6411~ TELEPHONE - BASE COST ~_~ 200.-----~ ~~ 498.38; __ 498.38 20 676.52 253212 64115~ TELEPHONE BEEPERS - BASE COST 300.00 256.75 -- 23.~ -- 23-----~ ~ 20.00 253212l 64170~ CE~.~LLULAR TELEPHONE _~_5 800.00 ~5 ~_~_~_.:_~ 0.00 0.00 800.05 253212 641950 ! POSTAGE.~_E~_~FREIGHT & UPS ~7 ~_~_~_~_._~ 0.00 11.73 ~ 11.7-~ __ 7 788.27 253212 643100 ELECTRICITY 500~000.00 0.00 -------~,766.~-~ ~750.15 454,233.85 253212 643300 TRASH & GARBAGE DISPOSAL ~7 ~._~_~_~_~ __ 0.00 537.71 537.7' ~6~662.29 253212 643400 WATER & SEWER ~ 3 ~_~_.~__~ 0.---------~ -- 233.---~ -- 233.-~-----~i 2.766.42 253212 644600 RENT-EQUIPMENT ~.__~4500.00;~ 280.-------~-- 415.-~ 415.-----'~ 253212 645260 AUTO INSURANCE ~29400.00 0.00 0.00 0.00 .__~4Oq_.__~ 253212 646110 BUILDING R&M - OUTSIDE VENDORS ~2~500.00 -- 0.--------~' 0.00 0.00 2,500.0(~ 253212 646311 SPRINKLER SYSTEM MAINTENANCE ~ 1,000.______~_~ ~__ 0._..~ 0.00 0.00 1 ~_~_~_~ 253212 646314 MAINTENANCE - LANDSCAPING ~19__~__000.00 6 955.00 62'~.~~ 623.35 1 253212 64643~ FLEET MAINTENANCE I.S.F.-LABOR & OrE ~42_~__500.00 0.00~0.00 0.05 ._~42 500.00 253212 646440 FLEET MAINTENANCE I.S.F. - PARTS & S ~ 28 200.00 0.00 0.00 0.00 28 20000 25321_____~2 646445 FLEET NON-MAINTENANCE ISF - PARTS & __ 2 600.00 0.00 0.~ 0.00 ~600.00 253212 i 646510 MACHINE & TOOLS R&M - OUTSIDE VENDOR ~___~5 600.00 __~3 485.12 000J 0.00 2 11488 253212 648610 COMMUNICATION EQUIP R&M -OUTSIDE VEN ~3 ~_~__~_~ 0.0~ 0.00 -- 0.------~ ~ 3..~_g00.00 253212 646710 OFFICE EQUIPMENT R&M 100.00 -- 0.'-~----~ -- 0.00 __ 0.00 100.00 253212 647110 PRINTING &/OR BINDING - OUTSIDE VEND 1.500.------'~-----~ ---------~)37.50 -- 0.0~ -- 0.--'-~ fi6250 253212 648170 MARKETING AND PROMOTIONAL ~ __ 3,000.00 0.00 0.00 0.0(] 3,000.00 253212 649010 LICENSES & PERMITS ~~000.0~ 0.00 131.00 13~100 2532~2 649980~ REIMBURSEMENT PRIOR YEAR REVENUES ~5 ~_~_~_~_~ 0.__.~ 0.00 0.---~ ~5 ~_~_.~_~i 253212 649990_ OTHER MISCELLANEOUS SERVICES ~._~5 000.00 -- ~ 0.00 0.00 .__~3 000.0C 25321__.~2' 651110i OFFICE SUPPLIES. GENERAL ~ 3,200.00 0.00 0.00 700.00 253212 ~ COPYING CHARGES '~o ooo, oo ~ o.oo o.oo 233212 652110. CLOTHING & UNIFORM PURCHASES ~5~ 0.00 0.00 O.00 5 400.00 253212 652120 UNIFORM ACCESSORIES ~3,800.00 4 000.00 0.00 0.00 -200.00 253212 65213~_ CLOTHING & UNIFORM RENTAL ~1_~3 000.00 ~_ 491.69 ___~I .~ 0.00 253212 652310 FERTILIZER H. ERBICIDES & CHEMICALS 37n0.00 2,100.05 0.0~ 0.00 900.00 __:~03212 652490 FUEL& LUBRI~--~NTS - I.S.F BILLINGS 78,8~0~0(~ 0.00 0.00 ~00 78,800.00 25.3212 652510 HOUSEHOLD & INSTITUTIONAL SUPPLIES ! ,500.00 I ~500.00 0.00 0.00, 0.0~ 25321~2 652910 MINOR OPERATING EQUIPMENT ~_~_~_500.00 ~17~ 337.01 337.01 '__ 47 400.0C 253212 652989, LUMBER AND LAMINATES 3, _5~:)0.00 1 ,~000.00 -- 0.-~ 0.00 25321~2 652993 OTHER OPERATING SUPPLIES ~57 000.00 ~23,48g.______~ __ 242.31 242.31 33 268.35 _253212'65311( LIMEROCKCLAYANDRIP-RAP ~5,724.50 2000.00 __ o.--~ 0.0o~~ 25321~2 653130 ASPHALT & COLD MIX ~5 ~_,_.~_:~_~ 2~000.00 -- O.O~ 0.--"---'-'-'----~ ~3,000.00 _ 253212 653150 'CEMENT & REDI-MIX ~ 8 000.00 0.~ 0.05 0.00 25321~2 654110 BOOKS_~_PUBLICATIONS & SUBSCRIPTIONS 0.00 ~,000.00 ---- 0.00 0.00 -1 000.00 25321____._~2 654360 OTHER TRAINING/EDUCATIONAL EXPENSES ~ 12 000.00 ~1_~_~.00 0.00 ~ 11,000.00 253212 654370 ORGANIZATIONAL DEVELOPMENT ~ 9,90000 0.00 0.o0 __0:oo~ 253212 655100 UTILITIES PARTS, ETC. 1,651,200.0(] 791,114.81 1~834.11 1,834.11 I 858,251.0~ _. 253212 655200 UTILITIES REPAIR, ETC 17,000.00 253212i 764360 OFFICE EQUIPMENT 3~000.00 0.00 0.001 14,000.0~; ~ 5 995 224.50 ~ 206 327.38 206 327.38 4 627 099.3~ C-15063 PAGE 6 OF 6 RESOLUTION NO. 2003- 1 '~ 1 RESOLUTION TO SUPPORT THE CONTINUED STATE FUNDING FOR PRIMARY CARE FACILITIES THROUGH A LOCAL, STATE AND FEDERAL MATCHING PROGRAM. Whereas, Governor Jeb Bush signed into legislation funds to create the expansion of primary health care clinics throughout the State of Florida per House Bill 27-E, the General Appropriations Act passed by the 2002 Florida Legislature. Whereas, This grant opportunity utilizes a funding mechanism known as an Upper Payment Limit and is provided by the Agency for Health Care Administration (AHCA) and the Department of Health. Whereas, in conjunction with this program, Collier Health Services, Inc. with the support of the Collier County Commission was awarded a grant to create a primary care facility in the greater Naples community, and; Whereas, it is anticipated that this Clinic, once operational, would provide 13,500 medical visits for 5500 patients during the first year to serve those who in the community without adequate insurance, and; Whereas, this program utilizes $164,000 of local, existing funds to be matched with $164,000 of State general revenue dollars that, when combined, provide an additional $472,000 in Federal funds for a total of $800,000. Whereas, it has recently come to the attention of staff, that the Florida State Senate has removed the State match for this program out of its proposed budget for fiscal year 2004, and; Whereas, the Senate's action, if approved, would eliminate the County's ability to leverage Federal funds and continue the primary care clinic for the citizens of Collier County, and; Whereas, in a time where there are budget constraints, the legislator should protect funds that leverage additional Federal and local matching programs to lower the cost of health care. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: This resolution seeks to request that the Southwest Florida legislative delegation support the continued funding of the primary care expansion program and to lobby the Senate to appropriate these funds for the coming state fiscal year. This Resolution adopted this ~f~3"day of~,2003, after motion, second and majority vote in favor of adoption. Approved as to form and Robert N~. ~y Assistant County Attorney BOARD OF COUNTY COMMISSIONERS By:.COLLIER ~,~~~ UNTY, ORIDA. Tom Henning, Chairman RESOLUTION NO. 2003- 13 2 12A A RESOLUTION OF THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, OPPOSING SENATE BILL 1462 COUNTY FLORIDA WHEREAS, Collier County has worked diligently to develop an integrated solid waste management system to meet the needs of its citizens; and WHEREAS, Collier County strongly supports recycling and the beneficial use of waste materials, including construction and demolition ("C & D") debris; and WHEREAS, Collier County is aggressively pursuing a variety of innovative programs for the beneficial use of the County' s solid waste; and WHEREAS, Collier County is committed to protecting the public health, safety, and welfare from environmental contamination resulting from solid waste and solid waste management facilities; and WHEREAS, sham recyclers in Florida have created significant environmental problems in the past by stockpiling waste materials that ultimately were not recycled; and WHEREAS, companies collecting or recycling C & D debris in Florida sometimes attempt to evade local solid waste regulations by claiming that the company is merely han~dling "recovered material," which is not regulated as solid waste; and WHEREAS, Senate Bill 1462 would change Florida law to allow C & D debris, as well as garbage and other types of solid waste mixed with the C & D debris, to be deemed not solid waste; and WHEREAS, Senate Bill 1462 would have the effect of allowing large quantities of C & D debris, as well as garbage mixed with the C & D debris, to escape regulation by the Florida Department of Environmental Protection; and WHEREAS, Senate Bill 1462 would severely restrict the power of local governments to regulate C & D debris, even when such materials are mixed with garbage; and WHEREAS, Senate Bill 1462 would make it much easier for private companies to stockpile large quantities of C & D debris, while evading state and local environmental regulations; and WHEREAS, Senate Bill 1462 prohibits local governments from requiring the separation and recycling of C & D materials on the construction site, even in those communities where the on-site separation of C & D debris is a reasonable and appropriate method of recycling such materials; and WHEREAS, Senate Bill 1462 would require local governments to terminate their exilstin2A franchise agreements, thus impairing existing contracts with private companies, and would require local governments to amend their existing solid waste ordinances, within 90 days after Senate Bill 1462 becomes law; and WHEREAS, Senate Bill 1462 contains a significant number of onerous and inappropriate mandates that adversely affect local governments and private companies; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners of Collier County, Florida ("Board"), opposes the passage of Senate Bill 1462. 2. The Board respectfully requests Governor Jeb Bush, the Florida Legislature, and the Florida Department of Environmental Protection to oppose the passage of Senate Bill 1462. This Resolution adopted after motion, second, and majority vote favoring same this t~,_~ ~ day of /~/~ ~ ~ ~/ ,2003. D~. ,~-'~; .~O~4J~, Clerk Approved as to fo~ and Rob[rt N.XZacl(ary Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS BY: ~ Id ~ V - .~ TOM HENNING, Chairman 16Al Contract 03-3456 Professional Engineering Services for Analysis and Rate Testimony for Orangetree Utilities PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ~.3 day of ! ¥ ~,.O,.~CJk~ / 2003, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and Hartman & Associates, Inc. authorized to do business in the State of Florida, whose business address is 8211 West Broward Boulevard, Suite 330; Plantation, Florida 33324 (hereinafter referred t° as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the Professional Engineering Services of the CONSULTANT concerning (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER Professional Engineering Services in phases of the Project to which this Agreement applies, all 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in' accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public $ CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANTS in connection with otherwise provided for in this Agreement or not customarily furnished in accordance with generally accepted Professional practice. the Project, not Collier County in ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services;or 1 6~ 1 (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the 6 Project Schedule attached hereto and made a part hereof as Schedule C. essence with respect to the performance of this Agreement. Time is of the 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement :or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period, plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the ? CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION above; provided, 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, 9 or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor Payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 10 12.2. If, after notice of termination of this Agreement as provided for in paragraph 1 , i -- is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. t! ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 16,al 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. 12 ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.al 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Steve Carnell, Director of Purchasing Fax: 941-732-0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Hartman & Associates, Inc. 8211 West Broward Boulevard Suite 330 Plantation, FL 33324 Fax: 954-236-6501 Attention: Mr. George S. Flint, HAl 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 13 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 34 numbered Schedules and Attachments hereto, constitutes the entire hereto and shall supersede, replace and nullify any understandings, written or oral, relating to the matter set forth herein, and any such agreements or understanding shall have no force or effect whatever on this Agreement. pages including the referenced agreement between the parties and all prior agreements or prior ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. 14 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Professional Engineering Analysis and Rate Testimony for Orangetree Utilities the day and year first written above. ATTEST:- App ~~{~ and Witn5)}~ /~~' Witnoss By: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA C-h &'i'rma n V ~ Hartman & Associates, Inc. Harold E. Schmidt, Jr., Vice President Typed Name and Title (CORPORATE SEAL) 15 Scope of the Proiect SCHEDULE A SCOPE OF SERVICES Basic - Scope of Services Tasks. It is the Consultant's understanding that the County desires assistance in the processing of the filed Orangetree Utility Company, Inc. (the "Utility") rate case. The requested assistance is in the form of financial and engineering consulting. A. Financial Tasks. In performing the rate consulting tasks, particular attention will be paid to, but not limited to, the following identified tasks: 1. Review the Minimum Filing Requirements ("MFRs") financial and accounting schedules in order to determine their compliance with Collier County Ordinance No. 96-6 and comment on any material omissions and/or discrepancies. 2.Evaluate the proposed Test Year for appropriateness. 3.Review the Utility's Test Year financial data with specific emphasis on items classified as rate base. a. Costs charged to plant since the last rate proceeding will be verified to source documents (i.e., invoices, payroll reports, etc.)on a test basis. b. Costs included in the rate base will be reviewed, including an analysis of the used and usefulness of the plant. This will be facilitated and documented by an on-site inspection as discussed under Task "B". Contributions in aid of construction will be analyzed to determine if appropriately accounted for and that depreciation is proper. Also, a review to determine that plant and/or jobs in process reflect proper cost associated with the project. 16 Accumulated depreciation will be analyzed to ensure that all depreciable plant reflects the proper level of depreciation through the end of the Test Year based on approved depreciation schedules. Review the Utility's operations and maintenance expenses to determine whether the level of expenses reported in the MFRs is reasonable and appropriate under regulatory standards. Review costs of purchases, on a test basis, from related parties. This will include analysis of time reports, on a test basis and an analysis of the reported specific activities performed. b. Review costs of purchases, on a test basis, from vendors to determine accuracy of posting of vendor invoices to expense. Evaluate methodology and soundness of logic of allocation of joint costs prorated between related parties and/or affiliated companies and the Utility. d. Evaluate methodology of cost and revenue allocations between water and wastewater operations. e. Evaluate support documentation for services and other costs that are not supported by third party invoices and/or payroll records. Conduct a review of operating and maintenance expenses resulting from transactions with related parties to provide reasonable assurance that they were necessary and not higher than what they would have been if the transactions were with an independent third party. a. Compare compensation levels to similar utility jobs in southwest Florida. b. Evaluate related party's method of purchasing and/or awarding of contracts. 17 Discuss facility operations with management including the impact of weather on Test Year operations, the jobs in process impact on future operations and changes to operations during the year. Evaluate historical customer growth and changes in service area allowing for additional customer growth. o Calculate an achieved rate of return on investment utilizing adjusted rate base, expenses, revenues and weighted equity/debt service costs utilizing the formula as stated in the County's rules at a minimum. Schedules will be replicated and all adjustments will be itemized and explained. Evaluate rate case expense to determine whether it is reasonable and prudent and that it is amortized over the appropriate time period. B. Engineering Tasks. In performing the engineering consulting tasks, particular attention will be paid to, but not limited to, the following identified tasks: Review the Minimum Filing Requirements ("MFRs") engineering schedules to determine if they are in compliance with Collier County Ordinance No. 96-6 and comment on any material omissions and/or discrepancies. It is anticipated that additional information may be necessary including but not limited to system drawings, FDEP monthly operating reports, discharge monitoring reports, system design data, permits, invoices associated with recent construction, detailed asset listing with booked cost and recent and future capital improvements. o Inspect the above ground facilities of the water and wastewater system for the purposes of documenting the extent, type and condition of assets. The inspection shall include: water supply wells, water treatment facilities, lift stations, wastewater treatment facilities, and effluent disposal facilities. Hydrants, manholes, system piping and other below ground facilities are not included. 18 3. Review the Utility's booked asset list and compare it to the results of the Utility inspection. Review the Utility's growth projections. If necessary, prepare growth projections of the Utility's service area for the purposes of calculating the appropriate margin reserve capacity. Based on the system inspections and information received, the Consultant shall conduct an evaluation to determine the used and useful portion of the water and wastewater system. The analysis will consist of a determination of the capacity of the unit processes of the water and wastewater treatment facilities as well as the capacities associated with Utility installed assets. Capacities shall be determined using industry recognized standards. Provisions will be made for margin reserve and non-functioning assets. The analysis will determine the used and useful capacity of the water and wastewater system as of the end of the Test Year. Review recent additions to the water and wastewater system and their associated costs for the purposes of documenting the necessity of such improvements and reasonableness of the cost. Necessity shall be based upon the Utility operating within the current and projected operating and regulatory environment and requirements of regulatory authorities with jurisdiction over the Utility. The engineering analysis, findings, conclusions and recommendations will be summarized in a report that will include supporting calculations and a listing of relied upon sources. C. Meetings. Proposal includes one meeting with staff to review draft report. D. Assignment Deliverable. Consultant will prepare a staff report limited to the above referenced scope and provide 15 copies to the Director of Utility & Franchise Regulation, E. Expert Testimony. The Proposal includes six (6) hours of expert testimony. F. Additional Services. Upon request, Consultant will provide other related services associated with the above scope of services. Items To Be Furnished By The County At No Expense to the Consultant The County will assist the Consultant by furnishing, at no cost to the Consultant, all available pertinent information including previous reports, financial statements, budgets, cost estimates, customer data, and any other data relative to performance of the above services for the project. It is agreed and understood that the accuracy and veracity of said information and data may be relied upon by Consultant without independent verification of the same. 20 1 6,a 1 BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in SChedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services". B.1.2. Payment For Basic Services under Schedule A shall be paid on a lump sum basis in accordance with Schedule C milestones, based on the Percentage of work completed as approved by the OWNER. B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and 2! (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved, in writing, by the County. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. END OF SCHEDULE B. 22 SCHEDULE B -ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Collier County Water and Wastewater Authority Engineering Analysis and Rate Testimony for Orangetree Utilities Name George S. Flint Andrew T. Woodcock Robert P. Ryall Jeffrey R. Annon Tara L. Hollis Jean E. Valadez Judy E. Mufale Title Senior Management Consultant Senior Engineer Engineer Management Consultant Management Consultant Administrative Assistant Administrative Assistant Hourly Rate $150.00 $150.00 $100.00 $100.00 $100.00 $ 55.00 $ 55.00 24 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by ContractodConsultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the ContractodConsultantJProfessional shall be primary to any insurance or self-insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) ContractodConsultant/Professional shall require each of its subcontractors to procure and maintain, until the COmpletion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. 16A1 (8) Should at any time the ContractodConsultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required bythis Agreement? X Yes __ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the ContractodConsultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements 2? Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. ~Applicable __X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. ~ Applicable X__ Not Applicable COMMERCIAL GENERAL LIABILITY Required bythis Agreement? X__Yes No (1) Commercial General Liability Insurance shall be maintained by the ContractodConsultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate 28 $300,000 $3OO,OOO Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $3OO,0OO $ 50,ooo General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $500,000 $500,000 $500,000 $ 50,000 X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 SI,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement ~vording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. 29 (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable t° the c°mpleti°n °f the w°rk under this Agreement' Applicable X__ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement, Applicable X__ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (4) applicable. Property Insurance Builders Risk coverage shall be carried by the Owner if __ Applicable X Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary 30 buildings and debris removal including demolition occasioned by enforcement of ally ~)pl~a& legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such 31 insurance held by the Owner as fiduciary. endorsement or otherwise. The policies shall provide waivers of subrogation by (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of $ Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required bythis Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor/Consultant/ Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. 32 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required bythis Agreement? X Yes __ No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: X __ $ 500,000 each claim and in the aggregate __ _ $1,000,000 each claim and in the aggregate __ $2,000,000 each claim and in the aggregate ~ $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OFSCHEDULE D. 33 CERTIFICATE OF LIABILITY INSURANCI=~,~_ ~NLY AND CCNFSRS ~O R]GHT~ UPON THE CER~FICATE ~Q~R~ THIS CSR~F/CAT~ DOES NOT A~EN~, ~TEND OR AFFORDING COVE, RAGE t~U~D T'd~,i5 CE~F,~FI'C;A ,'T-~ tS IS~LTE. D AS A MATTER Q-F INFORMATION' ~_me=icam ACORD ,'C ACORD C O P. PORATION~:4 9.BIB SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Hartman & Associates, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Professional Architectural Services for New County Fleet Facility are accurate, complete and current as of the time of contracting. BY: TITLE: DATE: 34 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 3153072 OR: 3249 PG: 2981 R~¢ORDBD in OFFICIAL ~CORDS of COLLIER COUNTY, FL 03/27/2003 at 09:58111 D#IGII? ~t. BROCL CLBRK REC FEE 19.50 COPIES 4.00 Eetn: CLBR/TO ?HB BOARD I~?ERO~HCE 4TH FLOOR 7240 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Fifty Four Dollars ($254.00), arising out of the Board of County Commissioners Resolution No. 1995-51 dated July 25, 1995, recorded in O.R. Book 2093, Pages 952, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Nancy Mills has been satisfied in full. Lot 7, Lake Kelly, Unit 2, as a subdivision according to Map or plat thereof, as recorded in Plat Book 3, Page 93, of the Public Records of Collier County, Florida. Folio No. 53350240004 of the Nancy The undersigned is authorized to and does hereby release this lien as to the whole above-described real property, and all other real and personal property owned by Mills, and consents to this lien being discharged of record. Dated this ~ day of ~/[,.OJl~k~ , 2003. By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . Tom He~ing ~~ Approved as to form And legal sufficiency: 'i/homa-s C. P~dmer Assistant County Attorney RESOLUTION NO. 95- 406 16A 1969546 Ol : 2093 0952 ~ ~ !~.~ A RESOLUTION OF T~E BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR T~E COST OF T~E ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}{ ORDINA/~CE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and W~EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WREREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and W~EREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, T~EREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: ~ LEGAL DESCRIPTION: C0~T ;L Nancy E N/lls Lots 7, Lake Kelly I~nit 2, a $254.00 1259 8th Ave N subdivision accorck[ng to map or Naples, FL 33940 plat thereof recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. REFERENCE: 50124-009 953350240004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of ~he above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier County, Florida, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. DATED This Resolution adopted after motion, second and ~16A 4~ ajorit¥ vote. ~o~ o~ coo~7 coMM~SS~9~s ATTORNEY CSce 11 - 1/94 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A 4F Nanc~ E Mills 1259 $~h Avenue N Naples, FL 33940 REFERENCE 50124-009 LEGAL DESCRIPTION: #5~350~40004 D~, JUL 2 5 ~ Lots 7, Lake Kelly Unit 2, a subd/vteion according to map or plat thereof recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. You, as the ovn~er of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 1/30/95, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or ~bandoned property. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $54.00 and administrative cost of $200.00 for a total of $254.00. Such costs, by Resolution of the Board of County' Commissioners of Collier County, Florida, have been assessed against the above property on JUL 2 5~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of 'the Board of County Commissioners, Government Center, Naples, Florida 33962 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 A2 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 3153073 OR: 3249 PG: 2985 RlCO[~I~ in 0HICII[ R~CORDS of COLLIER C0U#?I, 03/27/2003 at 09:58~ D~IOHT L BROCL CLERK He ~E! 15.00 Retn: COPIES CLS~I TO ?H! BO~D ,, ,,,.oo, 16/1 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Ninety Dollars ($290.00), arising out of the Board of County Commissioners Resolution No. 1992-23 dated January 21, 1992, recorded in O.R. Book 1690, Pages 924, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Nancy Mills has been satisfied in full. Lot 8, Lake Kelly, Unit 2, as a subdivision according to Map or plat thereof, as recorded in Plat Book 3, Page 93, of the Public Records of Collier County, Florida. Folio No. 53350240004 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Nancy Mills, and consents to this lien being discharged of record. Dated this c~,5'Y~'~ day of M Iq; lt~ 0~ ['4 ,2003. By: BOARD OF COUNTY COMMISSIONERS Approved as to form And legal sufficiency: T/homas C. Pa[mer' Assistant County Attorney It BESOLUTXON OF T~E BOARD OF COUNT~ COIOIXSSIONEI~S PROVIDING FOR AS~ESSm~T OF LIEN, FOR THE COST OF ~ AB~TZ~3~ OF PUB~.XC NUISANCE, XN &CCORDANCE es provided in Ordinance 91-47. the direct costs of certain nuisances, including prescribed a~lnistrative l~r~ ~ ~ Count2. shall ~ assessed aqaiMt such pro~rty; ~e cost ~ereof to ~e County as to each ~rcel shall m~ ~e~Z~ to ~ ~ off C~t~ Commisaione~, t~ether de~iption of Said ~1; and su~ assossaent shall be a legal, valid a~ bindin~ u~n ~e property against which made un~il paid; and WHBR~AS, ~he assessment shall become due and payable thirty (30) daye after the ~alling of Notice of Assessment after which interest ·hall a~e at a rata of twelve percent (12.0%) per annum on any unpaid portion ~hereof. NOW, THEREFORE, BE XT RESOLVED BY THE BOARD OF COUNTY CO~SSXONBRS OF CO~LXER COUNTY, FLORIDA, that the prope~cy described £ollmee, and havir~ been abated of a public nuisance after due and ~roper notice thereof to the o~ner of said proper~y, is hereby assessed~ ~ following costs of such abatement, to wit: f~ -~ ~ D~I~ION: COST= ~ ~lat ~ 3, Page 93~ ~1io RO~O~S CE ~llier c~t2, rlorAda. The Cltrk of ~he Board shall mail a notice of assessment of li~n to ~he o~ner or o~ers of ~e a~ve descri~ prope~y, and ~' ~U~ ~er fails to ~y such assessment wi~in ~i~y (30) days ~f, a co~EZ~ ~py of ~is Resolution shall ~ fil~ in ~e O~f.X~ of ~m clerk of Co. ts, in and for collier Cowry, Flori~. ~ ~tX~te a lien aqaXMt su~ pro~rty according to law, ~, mu~ dXr~Xon XI S~ayed ~ th~s Board upon appeal of ~e ~ ~i~Xon adopted after motion, ~cond ~d ~aJor~tF vo~r':~-t /)% '~'. , ', · '~ Bo~ OF CO~ ~ISSIO~S Po COUHTY ATTORNEY I*'F, GAL BIO~ZC~ OF ~BB~BM,~ OF ManoTB. MAlle D&TB~ J~xam~y21, 1~2 ITI~IRM 9X-08-11909 LX~ ~: ~ 8, ~e KOXXy Uni~ 2, a ~XvXoAon aoeordAng ~o ~p or plat ther~f FoooEd~ ~ Plat B~ 3, Page 03, ~lAc Re~rds or ~XXier~, You, as ~e o~er of ~e pro~rty above described, as r~orded ~n the recor~ maintained by the office of ~e ~o~y~aiser, are hereby advised that the Compliance SedUces ~ager, did on 8/19/9~, order the abatement of a ce~ain nuisance existing on the above property prohibited by O~nce 91-47, se~ing notice thereof u~n you, such nuleance ~ng: ~oh~it~mq, aoo~ulmt~oa, storage or b~al of litter, ~ste or ~maon~ properS. Yo~ fa~l~ to ~te such nuisance; whereupon, it was abat~ ~ ~e e~nditure of p~blic funds at a direct cost of ~9~.0~ a~d a~inistrative cost of $200.00 for a total of ~0.OO. Su~ costs, by Resolution of the Board of Cowry C~SSio~s of Collier County, Florida, have ~ assessed against ~e a~ve property on J~ 21, ~2 and shall ~0~ a lien o~ ~e property ~irty (30) days after such assessment. You ~y re.est a he~ing before the ~ard of Co~ty Co~isslo~ers to show cause, if any, why the e~nses and ~r~es ~n~ed by the County under this Ordinance are ~wa~ant~ or excessive or why such ~enses should not c~st~ute a lien a~ainst ~e property. Such request for hearing must ~ made to the Clerk of the Board of County ~ssioners, Gover~ent Center, Naples, Florida 33962 in ~iting wi~n thirty (30) days from the date of this assessm~t to be valid. CLX, BO~D OF CO~TY CO~ISSION~S CSce 9- 6/91 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 3153074 OR: 32 9 PG: 2988 I~C0RDBD in 0~I¢IAL RICORD$ of 03/27/2003 at RiO ~H 15.00 leon: CO~IR$ ~.00 C~IR~ ?0 ?Ul BOARD ZN?RRO~IC! SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Ninety Dollars ($290.00), arising out of the Board of County Commissioners Resolution No. 1996-520 dated November 26, 1996, recorded in O.R. Book 2266, Pages 0170, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Nancy Mills has been satisfied in full. Lots 7 and 8, Lake Kelly, Unit 2, as a subdivision according to Map or plat thereof, as recorded in Plat Book 3, Page 93, of the Public Records of Collier County, Florida. Folio No. 53350240004 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Nancy Mills, and consents to this lien being discharged of record. Dated this ~ day of t~,O./x.~ k , 2003. By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning , Chairrnan~ Approved as to form And legal sufficiency: Thomas C. Palmer Assistant County Attorney 16A 4 RESOLUTION NO. 96- 520 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR ~£E COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: LEQAL DESCRIPT~O~ COST Nancy E N/lls 1259 8~ Ave N Naples, FL 33940 60528-066 ~:53350240004 Lots 7 and 8, Lake Kelly Unit 2, $290.00 a subdivimlon accord~n~ to map or plat thereof re~orde~ ~n Plat Book 3, Page 93, Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal, of the assessment of the owner. ,This"Resolution adopted after motion, second and majority vote. DATEr':NOv '26 ~ CSce 11 - 1/96 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA N C. NOR]~I S , CHAi~RMAN ' / 2132582 OR: 2266 PG: 0170 ~COil)][O la 0HICIIL llllCO~I of tOLl, III COI)IW, 12/30/9~ at 08:SIAN MKGH? l. a~¢I, ~H I~¢ [[! 10.S0 ¢0P1]$ 2.(;0 Retn; Ill?]~[FICS 47H FLOOR BOARD OF COUH'~ C01IdMXSSX0HBRS 1259- 8~ &ve N ~i'&p/e~, FI, 33940 OR: 2266 PG: 0171 60528-066 #53350240004 LEGAL DESCRIPTION: LIEN NUMBER: ~,~.s 7 and 8, Aake Kell~ O~zit 2, a -~bdivision acao=di~j. plat the=oo£ =ooo=dod :in Pl&t Book 3, Pag~ 93, Publ£c Reoo=ci~ of Collia~ Count, Flo=id~, You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on ~/12/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: P~oh~bi~d aaou~u~ation o£ non-p~o~oo~odmow~b~a vogo~ttion in ax~es, o£ XS" in height in a oubd~vio~on othe~ than Goldon Bata~as. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $90.00 and administrative cost of $200.00 for a total of $290.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on NOV ~ ~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such ~quest for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 3153075 OR: 3249 PG: 2991 RlC0RD~D in 01FICIAL RIC011D~ of C0LLIH C011N?¥, FL 03/27/2003 at 09:58AH DWI{ill? L BROCI, CLHI Retn: CLIRK TO THB BOARD INT]ROFFI~! 47H FLOOR ?240 COPIH i.00 16 ,6 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Three Hundred Ninety Nine Dollars ($399.00), arising out of the Board of County Commissioners Resolution No. 1996-169 dated April 2, 1996, recorded in O.R. Book 2179, Pages 0034, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Nancy Mills has been satisfied in full. Lot 7, Lake Kelly, Unit 2, as a subdivision according to Map or plat thereof, as recorded in Plat Book 3, Page 93, of the Public Records of Collier County, Florida. Folio No. 53350240004 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Nancy Mills, and consents to this lien being discharged of record. Dated this _~ ~ day of .~~__t , 2003. By: Approved as to form And legal sufficiency: '~i~[~mas C.'Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS Tom Henn±n9 , Chairman~ BOA~D OF COUNTY COMMISSIONErs COLLIER COUNTY, FLORIDA LE~L NOTICE OF ASSZSSMENT OF LIEN REP]~.ENCZ 50921-095 #53350240004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7, Lake Kelly Unit 2, a subdtv£elon according to m~p or plat thereof recorded tn Plat ~ook 3, Page 93, Publio Records of Coll£er County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/29/95, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-prote~tadmowabla vegetation in excess of 18" in height in a subdivision other thazl ~olden Qate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $199.00 and administrative cost of $200.00 for a total of $399.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on APR0 26 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 33962 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 96- 169 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF TP2E A~ATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAMe:. LE6~L DESCRIPTIO~ COS~ Nanuy ] Mills Lot 7, Lake Kelly Unit 2, a $399.00 1259 8th Ave N subdivision according to map or Naples, FL 33940 plat thereof recorded in Pl&t Book 3, Page 93, Public Records of Collier County, Florida. 50921-095 953350240004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a cgrtified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property ~cording to'law, unless such direction is stayed by this Board upon ~peal of,.th~ assessment of the owner. ~ ..Thisl ResOlution adopted after motion, second and majority vote. CSce 11 - 1/96 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F_LO.~IDA BY:...~HN C. NORRIS, CHAIRMAN 2052243 OR: 2179 PG: 0034 Ittt¢O~lO in OFL~U:IAL ItJCOllDS of COLi. ZI~I t'~l'ff, 05/0S/96 at 10:OOAK OlflGFf B. BROC[, C~I~ P~C Tf~ 10,5~ COl'lBS Z .00 Cl,]Ri ?0 TH! ttOAILO IFfB/OFFIC! 4~ ~LOOR St? 7240 6 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403~2440 3153076 OR: 3249 PO: 2994 R]C0RDBll in 01~IClIL RBC0RDS 0f C0~.I;I~R C01/ii?L [~L 03/27/2003 ag 09:58tN DltlGIt? B. BROCK, C~.]RI[ Retn: IN?BRO~IC! ~?~ ~OOR ]~? 7240 RBC ~]B 15.00 C0~IB$ 3.00 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Four Hundred Twenty Five Dollars ($425.00), arising out of the Board of County Commissioners Resolution No. 2002-195 dated April 23, 2002, recorded in O.R. Book 3036, Pages 1502, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Nancy Mills has been satisfied in full. Lots 7 and 8, Lake Kelly, Unit 2, as a subdivision according to Map or plat thereof, as recorded in Plat Book 3, Page 93, of the Public Records of Collier County, Florida. Folio No. 53350240004 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Nancy Mills, and consents to this lien being discharged of record. Dated this o~' ~ day of ~/~~ ,2003. 2~tGI4~,~.'~OCK, Clerk x ,. "-z- ' : ~': 7 ;'/Deputy Clerk Approved as to fo~ And legal sufficiency: TOomas ~. Pal~e; ' Assistant County Attorney By: BOARD OF COUNTY COMMISSIONERS COLL~OUNTy,. FLORIDA 3 RESOLUTION NO, 2002- 195 A RESOLLFFION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT O}-- LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, amended, the direct costs of abatement of certain nuisances, including prescribed administrative c~)st incurred by the County, shall be assessed against such properly; and WHEREAS, the cost thereof to the County as to each parcel shall bc calculated and reported to the Board of County Commissioners, together with a descriplion of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against ,vhich made until paid; and W}{EREAS, the assessment shall become due and payable no later than twenty (20) days of the date o: the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning o,t the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 7 & 8 of the properly described as fol.ows, ha'.:s',g been abated of a public nuisance after due and proper notice thereof to the owner(s) of s;tid property, is hereby assessed the following costs of such abatement, to wit: NAME: ?'.~[;LLS. NAMCY E. LEGAL D~_~SCRI~TION: Lots 7 and 8, Lake Kelly Unit 2, a subdivision according ~o map or p~at thereof recorded in Plat Book 3, Page 93, Public Re~ords of Collier County, Florida. $425 REFERENCE#: 2097 FOLIO #: 53350240004 'FI'~¢ Clerk shall (by regular U,S. mail) mail a copy of this Resolution along with thc ~'/oticc of/-,s-¢xsmcnt of Lien to the owner(s) of the above-described proper~y. If within twenty {20) d~y,: off the da~e o£ mailing that c¢~py, the owner fidis to deliver payment in full to Collier County, thc Rcsotut}o~ ;~ntl No~!':c ~,,£ Assessmenl sh:lll be recorded in the official records of Collier County, and by recording ,-~;~F.I c,)nstitute a lien against the above-described real properly, and to the extent a~lo,,ved b2 law ~hall a}so be a lien upon alt olher real and/or personal properly owned by thc noted prupe~), o~.~,c,(s) in Collier County. Th/,; Resolution passed and duly adopted by the Board of Coumy Commissioners of Collie,' ,~f:~un~ Florida. this ~ d:~y o1' g~, 2002. ATT['2S'C: [:..', ~OC K, Clerk Appr¢sved as to fo~ and legal su ff~ciency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:James ~~ · ~ t ~airman 2981655 OR' 3036 PG: 1502 MILLS, NAMCY E. 1259 3TM AVE N NAPLES, FL 34102 BOARD OF COUNTY COMMISSIONERS TItROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: APR 2 3 2002 REF. IaNV.# 2097 FOLIO # 53350~ LIEN NUMBER: LEGAl, DESCRLr~I'ION: Lots 7 and 8, Lake Kelly UnR 2, a subdivision according to nap or plat thereof recorded in Plat Book 3, Page 93, Public Records of Collter County, Florida. Ycu, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did deteFmir, e a public nuisance exis!ed on lot(s) 7 & 8, and constituted a violation of county reg~:lations on December 18, 2001, and ordered the abatement of a certain nuisance existing on tb~ a},.y/e properly prohibited by Ordinance No. 99-5l, as amended and served a notice of ,'iolation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF 12TTER, WASTE R ABANDONED PROPERTY. '/au have failed to timely abate such nuisance; whereupon, it was abated by thc eat:.endgmre P: pqbl/c funds at a direct cost of TWO- HUNDRED TWENTY-FIVE ($225.00) DOLI,AK~: asd an administrative cr~st of Two-hundred ($200.00) dollars for a total of FOUR- I{UNDRED TWENTY-FIVE ($425.00) DOLLARS. 5~;ch cost, by Resolution of the Board of County Commissioners of Collier County, Flohda. shah i,ecomc a lien on your property when recorded after approval by the Board. I-'A!LURE TO TIMELY PAY 'FILE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A IAEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 3153077 OR: 3249 PG: 2997 H~ORD~D in O~I~IAL R~O~8 of COLLIER ~O~N?I, K 03/27/2003 at 09:58AN DNIC, it? B. BROCK, CL~RI RIC ~ll 10.50 Retn: CO,IH 2.00 C~RK ?0 ?H~ BOA~D IN?BR0~IC! 47~ ~OOR H? 7240 16 8 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Fifty Five Dollars ($255.00), arising out of the Board of County Commissioners Resolution No. 2002-21 dated January 22, 2002, recorded in O.R. Book 2980, Pages 3076, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Donald Saporito has been satisfied in full. Lotl5, PINNACLE COVE, according to the plat thereof, as recorded in plat in Plat Book 17, Pages 65 through 66, inclusive, of the Public Records of Collier County, Florida. Folio No. 67952501700 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Donald Saporito, and consents to this lien being discharged of record. Dated this _c~,~~T'~ day of ~v~.~ ,2003. ~~';"~K., Clerk 2~ ~ ~ ~ ,~B~ty~lerk Approved as to fo~ And legal sufficiency: mas C. Palmer Assistant County Attorney By: BOARD OF COUNTY COMMISSIONERS COLL~OU~,~?FLORIDA ;.I RESOLUTION NO. 2002- z· A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91~47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the properly against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of thc date of the Legal Notice of Assdssment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs~ of such abatement, to wit NAME: SAPORITO, DONALD I,EGAI, DESCRIPTION: Lot 15, PINNACLE COVE, according to the plat thereof, as recorded in plat book 17, pages 65 through 66, inclusive, of the iml}lic recurds of Collier County, Florida. COST: $255.00 REFERENCE#: 1949 DX~. [~'EYI~ ROI~K~-.CIe rk Appm~O as.tO'~om and legal sufficienc~ I Thonms C Palmer. ~ssislm~ ~r~llPtV ~lt{~npx' FOLIO #: 67952501700 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, a certified copy of this Resolution and the Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed argt duly adopted by the Board of County Commissioners of Collier County, Florida, this~l~Lkgday o~, 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RESOLUTION NO. 03- 'l 2 '1 16 9 RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT TWELVE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 2, 1996 approved the plat of Pelican Marsh Unit Twelve for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Twelve, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. oF co zy commission,s ': &T¥~%?: ~' ~~ ~ ';' COLLmR CO~TY, FLORA , -'~>'-"(4T~" '" '>"' -' ' TOM ~~~, CH~~ stgna't~e Approved as to fo~ ~d legal Patrick G. White Assist~t Collier Co~ty Attorney RESOLUTION NO. 03- 12 2 16AlO RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN KATHLEEN COURT, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE KATHLEEN COURT PROPERTYOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 23, 1999 approved the plat of Kathleen Court for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Kathleen Court, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Kathleen Court Property- owner's Association. This Resolution adopted after motion, second and majority vote favoring same. · - ,'-"2" ~..', o~,,' ' ; ¢~IdUT E. BR0~g,~LE~ Attest ,'t~ ~~~ ' ~ s i gnat ute onl)., ~-' Approved as tj fora ~d legal Pa~ck G. ~tJ ~ Assist~t Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER~NTY~TRIDA* TOM HENNING, CHAIRM~2q Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 166664 OR' 3268 PG: 0594 O RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC FEE 10.50 04/17/2003 at II:42AM DWIGHT E, BROCK, CLERK 1 6pI~ i 1.00 RESOLUTION NO. 2003- 123 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 8 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: DOMINGUEZ, JULIO LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2250 FOLIO #: 36247840000 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution p~sed and duly adopted by the Board of County Commissioners of Collier County, Florida, thiso~-day of ~/[~, 2003. A TESTe"'~. t:,~,t,~" ', BOARD OF COUNTY COMI~IISSIONERS DWIGHt'S, ~RO~,~lerk COLLIER COUNJ~, FL A , ' .:~3'.-< -,. ~'' ' ~' '~".5 :" 'fit' : '~ ~ ~u~yCl~rk~:~i~_i~j '. . Tom Henning, Chairman Thomas C. Palm~r,. ~slstant County Attorney F: LIEN/MSTR RESOLUTION OR: BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 3268 PG: 0595 16 ,11 DOMINGUEZ, JULIO DATE: 74 ASHLEY ST BRIDGEPORT, CT 66101617 REF. INV.# 2250 FOLIO #: 36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 8, and constituted a violation of county regulations on December 28, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY pAy THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL CLERK TO THE BOARD INTEROFFICE t?H FLOOR EX? 7240 3166663 OR: 3268 PG: 0592 RECORDED in the OFFICIAL RECORDS of COLLIER COUN?Y, FL 04/I7/2003 at II:42AM DWIGHT E, BROCK, CLERK RESOLUTION NO. 2003-12 4 10.50 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 22 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: J M K INDUSTRIES, INC. LEGAL DESCRIPTION: Lots 20 and 22, Block M, Embassy Woods Golf & Country Club at Brettone Park, Phase One, according to the Plat thereof recorded in Plat Book 17, Page 47, Public Records of Collier County, Florida. COST: $300.00 REFERENCE#: 2241 FOLIO #: 31055005252 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. .-.-'"':~,'g,esolution passed and duly adopted by the Board Collier ~~i:tfr~ thib~day,of~, 2003 DWt6~; B %DeCu~y, Clerk" Approve~ ~ ~ .form a~d legal suffi'ci:~: Thomas C.[Palme}, A~istant~ounty Attorney of County Commissioners of BOARD OF COUNTY COMiV~ISSIONERS COLLIER COU~I~, FL.~TA- Tom Henning, Chairman F: LIEN/MSTR RESOLUTION *** OR: 3268 PG: 0593 *** BOARD OF COUNTY COMMISSIONERS 16All THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN J M K INDUSTRIES INC. 2375 TAMIAMI TRAIL N. NAPLES, FL 34103 DATE: REF. INV.# 2241 FOLIO #: 31055005252 LIEN NUMBER: LEGAL DESCRIPTION: Lots 20 and 22, Block M, Embassy Woods Golf & Country Club at Brettone Park, Phase One, according to the Plat thereof recorded in Plat Book 17, Page 47, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 22, and constituted a violation of county regulations on December 04, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE-HUNDRED ($100.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of THREE-HUNDRED ($300.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL 16A12 MEMORANDUM Date: To: From: Re: October 25, 2001 Stan Chrzanowski Engineering Review Manager Engineering Services Teri Michaels, Deputy Clerk Minutes & Records Department Cooperative Funding Agreement Between Collier County and the Florida Department of Environmental Protection-#FC299 Enclosed please find one (1) original document as referenced above (Agenda Item #16A12), as approved by the Board of County Commissioners on March 25, 2003. Kindly forward the agreement to the appropriate party for the required signatures and return one fully executed original to the Minutes and Records Department.. If you should have any questions, please call me at 774-8411. Thank you. Enclosure AGREEMENT NO.FC299 COOPERATIVE FUNDING AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR DENSIFICATION OF NORTH AMERICAN VERTICAL DATUM 1988 (NAVD 88) 16/112 THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between COLLIER COUNTY a political subdivision of the State of Florida, whose address is 3301 East Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as the "COUNTY" and the FLORIDA DEPARTMENT OF ENVIRONMENTAL PKOTECTION, an agency of the State of Florida, whose address is 3900 Commonwealth Boulevard, Mail Station 105, Tallahassee, Florida 32399-3000, hereinafter referred to as the "DEP." WITNESSETH: WHEREAS, the DEP and the COUNTY desire to combine their resources and efforts to densify the North American Vertical Datum 1988 (NAVD 88) in Collier County, hereinafter referred to as the "PROJECT"; and WHEREAS the DEP and the COUNTY have agreed on the services and/or funding each shall contribute towards completing or accomplishing the PROJECT. NOW, THEREFORE, the DEP and the COUNTY, in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows: PROJECT MANAGER AND NOTICES Each party hereby designates the employee set forth below as its respective Project Manager. Project Managers shall assist with PROJECT coordination and shall be each party's prime contact person. Notices or reports shall be sent to the attention of each party's Project Manager by U.S. mail, postage paid, to the parties addresses as set forth below: Project Manager for DEP: Randy Harrell, PSM. 3900 Commonwealth Blvd. Mail Station 105 Tallahassee, FL 32399-3000 Project Manager for the COUNTY: Stan Chrzanowski Engineering Review Manager Collier County Community Development, Engineering Services 2800 N. Horseshoe Drive Naples, F! 34104 16A12 1.1 The COUNTY'S Project Manager is hereby authorized to approve requests to extend a PROJECT task deadline set forth in this Agreement. Such approval shall be in writing, shall explain the reason for the extension, and shall be signed by the Project Manager and his/her Department Director. The COUNTY'S Project Manager is not authorized to approve any time extension which will result in an increased cost to the COUNTY or any time extension which will likely delay the final PROJECT task deadline. 3.1 3.2 3.3 3.4 SCOPE OF WORK Upon receipt of written notice to proceed from the COUNTY, the DEP shall perform the services necessary to complete the PROJECT in accordance with the Proposed Project Plan set forth in Exhibit "A", "B", & "C" attached hereto and incorporated herein. Any changes to this Scope of Work and associated costs shall be mutually agreed to in a formal written amendment approved by the COUNTY and the DEP prior to being performed by the DEP. FUNDING The parties anticipate that the total cost of the PROJECT will be One Hundred Ten Thousand Ninety-Eight Dollars ($110,098.00). The COUNTY agrees to fund PROJECT costs up to Fifty Five Thousand Forty Nine Dollars ($55,049.00) and shall have no obligation to pay any costs beyond this maximum amount. The DEP agrees to fund PROJECT costs up to Fitly Five Thousand Forty Nine Dollars ($55,049.00), and shall be responsible for all costs in excess of the anticipated total PROJECT cost. The COUNTY shall reimburse the DEP for its share of PROJECT costs in accordance with the Project Budget set forth in Exhibits "B" & "C." Payment shall be made to the DEP within sixty (60) days of receipt of an invoice, with the appropriate support documentation, which shall be submitted to the COUNTY at the following address: c/o Stan Chrzanowski, P.E. CDES 2800 N. Horseshoe Dr. Naples, FL 34104 The DEP shall not use any COUNTY funds for any purposes not specifically identified in the above Scope of Work. Each invoice shall include the following certification, and the DEP hereby agrees to delegate authority to its Project Manager to affirm said certification: - "I hereby certify that the costs requested for reimbursement and the DEP's matching funds, as represented in this invoice, are directly related to the performance under the Densification of North American Vertical Datum 1988 (NAVD 88) Agreement between Collier County and the Florida Department of Environmental Protection (Agreement No. ), are allowable, allocable, properly documented, and are in accordance with the approved pro~ect budget. The COUNTY'S performance and payment pursuant to this Agreement is contingent upon the Board of County Commissioners appropriating funds for the PROJECT. 10. 11. 12. 13. 14. 16/ 12 CON'I~ACT PERIOD This Agreement shall be effective upon execution by all parties and shall remain in effect until December 31, 2003, unless terminated or extended in writing by mutual written agreement of the parties. PROJECT RECORDS AND DOCMENTS Each party shall, upon request, permit the other party to examine or audit all PROJECT related records, and documents during or following completion of the PROJECT. Each party shall maintain all such records, and documents for at least three (3) years following completion of the PROJECT. All records and documents generated or received by either party in relation to the PROJECT are subject to the Public Records Act in Chapter 119, Florida Statutes. REPORTING The DEP shall provide the COUNTY with any and all reports, models, studies maps or other documents resulting from the PROJECT. LIABILITY Each party hereto agrees that it shall be solely responsible for the negligent acts or omissions of its officers, employees, contractors and agents; however, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the limitations set forth in Section 768-2 8, Florida Statutes. DEFAULTS Either party may terminate this Agreement upon the other party's default in complying with any term or condition of this Agreement, as long as the terminating party is not in default of any term or condition of this Agreement. To effect termination, the terminating party shall provide the defaulting party with a written "Notice of Termination" stating its intent to terminate and describing the term and/or condition with which the defaulting party has failed to comply. If the defaulting party has not remedied its default within thirty (30) days after receiving the Notice of Termination, this Agreement shall automatically terminate. TERMINATION WITHOUT CAUSE This Agreement may be terminated by the COUNTY without cause upon fitteen (15) days written notice to the DEP. Termination shall be effective upon the fifteenth (15th) day after the DEP's receipt of said notice. In the event of such termination the DEP shall be entitled to compensation for all services reasonably and properly incurred to the date of termination. RELEASE OF INFORMATION The parties shall not initiate any verbal or written media interviews or issue press releases on or about the PROJECT without providing advance copies to the other party. This provision shall not be construed as preventing the parties from complying with the public records disclosure laws set forth in Chapter 119, Florida. Statutes. COUNTY RECOGNITION The DEP shall recognize COUNTY funding in any reporla, models, studies, maps, or other documents resulting from this Agreement, and the form of said recognition shall be subject to COUNTY approval. ASSIGNMENT Neither party may assign or transfer its rights or obligations under this Agreement, including any operation or maintenance duties related to the PROJECT, without the written consent of the other party. LAW COMPLIANCE Each party shall comply with all applicable federal, state and local laws, rules, regulations and guidelines, relative to performance under this Agreement. DISADVANTAGED BUSINESS ENTERPRISES The COUNTY expects the DEP to use good faith efforts to ensure that disadvantaged business enterprises, which are qualified under either federal or state law, have the maximum practicable opportunity to participate in contracting' opportunities under this project Agreement. Invoice documentation submitted to the COUNTY under this Agreement shall 16A12 15. 16. 17. 18. include information relating to the amount of expenditures made to disadvantaged businesses by the DEP in relation to this Agreement, to the extent the DEP maintains such information. SUBCONTRACTORS Nothing in this Agreement shall create, or be implied to create; any relationship between the COUNTY and any subcontractor of the DEP. THIRD PARTY BENEFICIARIES Nothing in this Agreement shall be construed to benefit any person or entity not a party to this Agreement. MODIFICATIONS This Agreement constitutes the entire agreement between the parties and may be amended only in writing, signed by all parties to this Agreement. DOCUMENTS The following document is attached and made a part of this Agreement. In the event of a conflict of contract terminology, priority shall first be given to the language in the body of this Agreement, then to Exhibit "A." Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Scope of Work Schedule of Costs - First Phase Schedule of Costs - Second Phase Project Map - both phases The remainder of this page intentionally lef~ blank. 16A12 ATTEST. -" ,~'~% ~g~e.. I Approved askt ~o~i~i~ ~ ..-- . l~atrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ] r'~n' ~By: COOPERATIVE FUNDING AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR DENSIFICATION OF NORTH AMERICAN VERTICAL DAUM 1988 (NAVD 88) 16A12 SCOPE OF WORK INTRODUCTION. Collier County (COUNTY) and the Florida Department of Environmental Protection (DEP) have agreed that there are mutual benefits in the extension, densification and perpetuation of the North American Vertical Datum 88 (NAVD 88) geodetic control network. This work consists of the establishment of elevations to Second-Order, Class I leveling standards along approximately 56 miles of selected roadways in the COUNTY. This area lacks sufficient reliable vertical information and this run will provide needed control. PROJECT DESCRIPTION The work will be accomplished to rigorous federal standards with results published by the National Ocean and Atmospheric Administration (NOAA), National Geodetic Survey (NGS) as a part of the National Vertical Network. To accomplish the PROJECT, the COUNTY will contract with the Florida Department of Environmental Protection (FIDEP) to do the following: Run approximately 9.5 miles of levels (19 mile forward and reverse) to connect this PROJECT to existing NAVD 88 control in the area. Run approximately 56 miles of new levels (112 miles forward and reverse) on the selected road systems as shown on Appendix "A." Installing or recovering approximately 11 class "B" benchmarks and approximately 45 class "C" benchmarks. The approximately 56 points shall be in two forms: Type 1: Approximately 11 class "B" benchmarks shall be installed or recovered by DEP to NGS specifications. An example of a class "B" benchmark is a stainless steel rod driven to. refusal, a 5 inch diameter PVC collar placed over the stainless steel rod, an aluminum cover place atop the PVC and concrete poured around the PVC. Type 2: Approximately 45 class "C" benchmarks shall be installed or recovered to NGS specifications. An example of a class "C" benchmark is a poured in place concrete monument with a brass survey disk set in the top of the monument. The concrete monument shall be 42 inches deep, 12 inches in diameter and bellied at the bottom. Collect data, elevations, In NAVD 88, for all benchmarks in the level loop, create benchmark "to reach" descriptions and benchmark location descriptions. 16A12 Submitting all data in blue book format to NGS for review, approval and entering into the National Vertical Network. The DEP shall notify the COUNTY when the data has been approved by NGS and is available through the National Vertical Network. PERFORMANCE SCEDULE The field work for this PROJECT shall begin within 90 days of the issuance of the notice to proceed pursuant to Article 2 of this Agreement and shall be completed by December 31, 2003. The data shall be filed with NGS no later than January 31, 2004. PROJECT BUDGET See Exhibits "B" & "C". The remainder of this page intentionally left blank. Florida Department of Environmental Protection, Bureau of Survey and Mapping (850) 245-2606 fax (850) 245-2645 16A12 EXHIBIT "B" COST ESTIMATE FOR A 2nd ORDER CLASS I VERTICAL LEVEL LINE 2003 NEW LEVEL LINE ALONG: GOLDEN GATE BLVD, EVERGLADES BLVD, DESOTO BLVD, 1.9 MILES OF CR 858, 1 MILE ALONG WILSON BLVD & 4 MILES ALONG 18th AVENUE N.W. THIS INCLUDES: APPROXIMATELY 97 MILES TOTAL OF 2nd ORDER CLASS I VERTICAL LEVELS ABOUT 42 MILES OF NEW LEVELS, ONE BENCHMARK WILL BE INSTALLED OR RECOVERED PER MILE PLUS ABOUT 6.5 MILES OF LEVELS TO CONNECT THIS LINE WITH EXISTING LEVEL LINES A TOTAL OF APPROXIMATELY 48.5 MILES FORWARD AND 48.5 MILES BACK AND (1) INSTALLING OR RECOVERING APPROXIMATELY 8 CLASS 'B' BENCH MARKS, EXAMPLE: STAINLESS STEEL ROD MARK DRIVEN TO REFUSAL (2) INSTALLING OR RECOVERING APPROXIMATELY. 34 CLASS 'C' BENCH MARKS, EXAMPLE: POURED CONCRETE MONUMENT (42' DEEP X 12' DIA., BELLIED) (3) RECOVERING APPROXIMATELY 10 EXISTING BENCHMARKS TO BE USED FOR 2nd ORDER TIE (4) DESCRIBING, TYPING AND PLOTTING ON QUAD MAPS ALL BENCH MARKS (5) SUBMITTING ALL DATA TO NGS FOR BLUE BOOKING IN THE NATIONAL VERTICAL NETWORK (6) TRAVEL TIME, DOWN TIME (RAIN, ETC.) TRANSPORTATION, PER DIEM, SALARY & BENEFITS I FIELD / SUPERVISION FIELD / RECON $2,863 I I FIELD / INSTALLING BENCH MARKS $9,856 I FIELD / DESCRIBING, TYPING AND PLOTTING ON QUAD MAPS ALL BENCH MARKS $4,296 I FIELD / LEVELING $35,259 I I OFFICE / SUPERVISION $2~736 I OFFICE/COLLECTING, QA AND PROCESSING DATA I OFFICE / SUPPORT IMATERIALS STAINLESS STEEL RODS, CONCRETE, WP POSTS, LOGO CAPS~ ETC. ISUB-TOTAL $70~418 I I REPAIRS AND REPLACEMENT OF EQUIPMENT (10% OF SUB-TOTAL) I OVERHEAD {6% OF SUB-TOTAL) $7,042 I ITOTAL $81,685 I FDEP PART OF THIS PROJECT - 5O% OF TOTAL $40,842 I COLLIER COUNTY PART OF THIS PROJECT - 50% OF TOTAL $40,842 Cooperative Funding Agreement Exhibit B.xls Prepared by Randy Harrell 3/11/2003 Florida Department of Environmental Protection, Bureau of Survey and Mapping 1 6 A I2 (850) 245-2606 fax (850) 245-2645 EXHIBIT "C" COST ESTIMATE FOR A 2nd ORDER CLASS I VERTICAL LEVEL LINE 2003 NEW LEVEL LINE ALONG: COUNTY ROAD 858 (BEGINNING AT CR 846 AND ENDING AT SR 29 MINUS 1.9 MILES BETWEEN EVERGLADES BLVD AND DESOTO BLVD) THIS INCLUDES: APPROXIMATELY 34 MILES TOTAL OF 2nd ORDER CLASS I VERTICAL LEVELS ABOUT 14 MILES OF NEW LEVELS, ONE BENCHMARK WILL BE INSTALLED OR RECOVERED PER MILE PLUS ABOUT 3 MILES OF LEVELS TO CONNECT THIS LINE WITH EXISTING LEVEL LINES A TOTAL OF APPROXIMATELY 17 MILES FORWARD AND 17 MILES BACK AND (1) INSTALLING OR RECOVERING APPROXIMATELY 3 CLASS "B' BENCH MARKS, EXAMPLE: STAINLESS STEEL ROD MARK DRIVEN TO REFUSAL (2) INSTALLING OR RECOVERING APPROXIMATELY 11 CLASS 'C' BENCH MARKS, EXAMPLE: POURED CONCRETE MONUMENT (42' DEEP X 12' DIA., BELLIED) (3) RECOVERING APPROXIMATELY 6 EXISTING BENCHMARKS TO BE USED FOR 2nd ORDER TIE (4) DESCRIBING, TYPING AND PLOTTING ON QUAD MAPS ALL BENCH MARKS (5) SUBMrI'rlNG ALL DATA TO NGS FOR BLUE BOOKING IN THE NATIONAL VERTICAL NETWORK (6) TRAVEL TIME, DOWN TIME (RAIN, ETC.) TRANSPORTATION, PER DIEM, SALARY & BENEFITS I FIELD / SUPERVISION $1,271 I FIELD / RECON $1,003 I FIELD / INSTALLING BENCH MARKS $3,285 [FIELD/DESCRIBING, TYPING AND PLOTTING ON $1,562 QUAD MAPS ALL BENCH MARKS I FIELD / LEVELING $12,359 [ OFFICE / SUPERVISION $956 OFFICE / COLLECTING, QA AND PROCESSING DATA $1,457 IOFFICE/SUPPORT $781 I IMATERIALS STAINLESS STEEL RODS, CONCRETE~ WP POSTS, LOGO CAPS~ ETC. $1,820 I I SUB-TOTAL $24,494 I I REPAIRS AND REPLACEMENT OF EQUIPMENT {10% OF SUB-TOTAL) $2,449 OVERHEAD (6% OF SUB-TOTAL) $1,470 I TOTAL $28,413 I FDEP PART OF THIS PROJECT - 50% OF TOTAL $14,207 I I COLLIER COUNTY PART OF THIS PROJECT - 50% OF TOTAL $14,207 I Cooperative Funding Agreement Exhibit C,xls Prepared by Randy Harrall 3/11/2003 EXHIBIT "D" R ~S E i R ~6 E I R ::)7 E I R ~8 E I R29E 16A12 R30E I WEstErn ColliEr Countu Florida SCALE LEGEND Ul w 16A14 DOCUMENT NOT RECEIVED IN CLERK TO THE 8OARD OFFICE AS OF DECEMBER 17, 2003 16A17 RESOLUTION NO. 2003- 12 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA REQUESTING APPROVAL OF THE FLORIDA HOUSING FINANCE CORPORATION (FHFC) TO INCREASE THE MAXIMUM HOME SALES PRICE FOR ALL FHFC PROGRAMS IN COLLIER COUNTY. WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, Florida Statutes, et seq., which is implemented in Chapter 9 1-37, Florida Administrative Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for providing affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State will allocate a portion of new and existing documentary stamp taxes on deeds to local governments for development and maintenance of affordable housing; and WHEREAS, through Resolution No. 2001-130 the Board of County Commissioners adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP funds for fiscal years 2001-2002, 2002-2003, and 2003-2004; and WHEREAS, the Act also requires the local government to adopt a maximum award schedule, an average cost per unit, and a maximum cost per unit for eligible housing benefiting from SHIP Awards; and WHEREAS, the maximum cost per unit that has been previously set by the Florida Housing Finance Corporation (FHFC) for housing benefiting from awards made pursuant to FI-IFC programs shall not exceed $130,000 for existing and newly constructed eligible housing units; and WHEREAS, the average sales price of a home in Collier County has risen over 200% since 1993 and is now greater than $300,000 for a new single family home; and WHEREAS, the FHFC has completed a study to determine 90% of each Florida County's average home purchase price, and in Collier County that 90% of the average is $276,263 for newly constructed units and $246,200 for existing units; and 16Al? WHEREAS, the Act permits Florida Counties to set their maximum cost per unit for housing benefiting from awards made pursuant to FIffC programs at up to and including 90% of the average area purchase price; and WHEREAS, it is in the best interest of Collier County to raise the maximum cost per unit eligible to receive housing benefits from FHFC programs in Collier County in order to be more in line with the current housing market and to assist a greater number of households. NOW THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida, that: 1. The Board of County Commissioners of Collier County hereby requests that the maximum cost per unit for eligible housing that may benefit from awards made pursuant to FHFC programs in Collier County be raised by the FHFC to $150,000 for both existing and newly constructed eligible housing units. 2. This Resolution is intended to supercede Resolution 2001-130 and shall take effect immediately upon its adoption. This resolution adopted after motion, second, and majority vote favoring same. AND LEGAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: ~~ ' TOM HE'AN 2 16BI DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 168]} MEMORANDUM Date: To: From: Re: March 26, 2003 Bob Petersen, Project Manager Alternative Transportation Modes/Road;Landscape Maintenance Teri Michaels, Deputy Clerk Minutes & Records Department Resolution 2003-126 and three Florida Department of Transportation Local Agency Program Agreements for the beautification enhancements to the Haldeman Creek Bridge on Bayshore Drive Enclosed please find one resolution and three original corresponding agreements for same as referenced above, approved by the Board of County Commissioners on Tuesday, March 26, 2003 (Agenda Item #16B3). Kindly forward these documents to the appropriate person(s) for the required signature(s), and return one fully executed original to Minutes and Records. Thank you. Enclosures RESOLUTION NO. 2003- ~- ?- 6 16B3 A RESOLUTION AUTHORIZING EXECUTION OF A FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY AGREEMENT FOR THE BEAUTIFICATION ENHANCEMENTS TO THE HALDEMAN CREEK BRIDGE ON BAYSHORE DRIVE. WHEREAS, the Collier County Board of County Commissioners (the "Board") wishes to enhance the beauty of the Haldeman Creek Bridge on Bayshore Drive; and WHEREAS, Collier County is a certified agency, and WHEREAS, the Board believes that it can assist in beautifying Bayshore Drive by improving the median and sidewalks and replacing the bridge railing (the "Project"); and WHEREAS, State of Florida Department of Transportation CFDOT") has agreed to reimburse the County $200,000.00 in the State's Fiscal Year 2003/2004 for implementation of the Project; and WHEREAS, the Board desires to enter into a Local Agency Agreement with FDOT to fund this Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1: The Board does hereby authorize its Chairman to execute the attached Local Agency Program Agreement between the State of Florida Department of Transportation and Collier County. SECTION 2: This Resolution shall take effect immediately upon its passage. This Resolution adopted after o~,~.-.~~t~' dayof RS~~r. ~' Deput~ Clerk motion, second, and majority vote favoring same this ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~t--~~_,' Approved as to form and legal sufficiency:] H id~i F. ~s~ton Assistant Collier County Attorney h:HFA~resos~RES-JPAhaldeman 16B}" FPN No408078-1-58-01 Federal No: 8888 811 A FPN No. Federal No: State of Florida Department of Transportation LOCAL AGENCY PROGRAM AGREEMENT Fund: SE Org. Code: 5~lizl~linlOB Fund: Org. Code: FLAIR Approp: FLAIR Obj.: gi 1 nl 1 FLAIR Approp: FLAIR Obj.: 525-O10-40 CONSTRUCTION OGC - 11/02 Page 1 of 12 County No. Contract No: Vendor No.: F Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this _~,=~"~-" day of M I~,~[,'¥ ~., by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an a.clencv of the State of Florida, hereinafter called the Department, and C;nllier ~n~Jnfy:Affn' Finnnne R~nf' ?R71 Airnnrt Rd Rtn ?n?. Nnnl~ FI 34112 hereinafter called the Agency. ' ' ' .... WlTNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes toenter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Bridae Enhancements and as further described in Exhibit "A" attached hereto and by this reference made a part here-of, hereinafter called the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Modifications and Additions: Exhibit(s) A, B & R are attached hereto and by this reference made a part hereof. 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/200~t If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. OGC - 11/02 Page 2 of 12 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is $ 200,000.00 This amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00 of this agreement. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled ' b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under th s Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available fo expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period o~ more than I year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported, the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. OBC - ~ wo2- P~g~ 3 of ~2 For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in federal awards dudng its fiscal year, an audit conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. 16B3 CONSTRUGTION OOC - ~ Paso 4 of '12 The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: incurred Requests for reimbursement for fees or other compensation for services or expenses All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. (Section 287.058(1)(b), Florida Statutes) If, after project completion, any claim is made by the Department resulting from an audit o'r for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Department. 16 B 3 OGC - 1 Page 5 of 12 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having beenadvised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficienc with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of~he Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination o specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions OGC - 11/02 Page 6 of 1~ imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to this Agreement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises steps in accordance have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable federal and state regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all federal-aid contracts - 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination ~hether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency le;arns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered "deb "" - arred, suspended, ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of those regulations. OGC - 11/02 Page ? of 12 The Agency further agrees by executing this Agreement that it shall not knowingly enter into any .contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Department, without modification, in all contracts and in all solicitations for contracts. The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all contracts modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materi~Js, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto. OGC - 11/02 Page 8 o! 12 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134 Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer, or employee of the Agency or the locality during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any pa;merit to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which ma then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder, would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 16B3 CONSTRUCTION OGC - 11/02.. Page 9 o~' 12 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge o expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act b the Department or any of its officers, agents or employees during the performance of the Agreement. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision of law. When the Department receives a notice of claim fOr damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approvedportions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right of way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All wordS used herein in the singular form shall extend to and include the plural. A~I words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally appropriated funds have been paid, or wi. Il be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. CONSTRUCTION OGC - 1 ~102 Page 10 of 1'~ If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency (~) wil O will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: Director of Production Attest: - Title: Executive Secretary .. As to form: District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. FPN NO 408078-'1-58-01 525-010-40 CONSTRUCTION OGC - 11/O~- Page 11 of 12 EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and Collier County'__ Dated PROJECT LOCATION: Bayshore Drive in Naples, Florida (Haldeman Creek Bridge) The project O is ~) is not on the National Highway System. The project O is (~) is not on the State Highway System. PROJECT DESCRIPTION: Remove and replace jersey guardrail and replace with decorative guardrail and site ammenities. The site ammenities to include: decorative paving, trash receptacles, benches, planters and decorative lighting. SPECIAL CONSIDERATION BY AGENCY: All work to be conducted within Department Right-of-Way shall adhere to the following: (1) The FDOT standard specification for road and bridge construction, 2001 edition as amended, and (2) The FDOT roadway and traffic design standard, 2001 edition as amended, and (3) For all projects the following will apply: a) Section 287.055, F.S. "Consultants Competitive Negotiation Act" b) FDOT "Project Development and Environmental Manual," where appplicable c) The Local Agency Program Manual SPECIAL CONSIDERATION BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03/04). AGENCY NAME & BILLING ADDRESS Collier County Attn: Finance Department 2671 Airport Road, Suite 202 Naples, Florida 34112 LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "B" SCHEDULE OF FUNDING 16B3 FPN. NO. 525-010-40 CONSTRUCTION OGC - 11/02- Page 12 of 12 408078-1-58-01 PROJECT DESCRIPTION Name B_~shore Drive at Haldeman Creek Bridge Termini Bri.~._~e Enhancements alon_n.n.n.n.n.n.n.n.n~shore Drive for approximately 300 feet. Length 300 feet x 120 feet TYPE OF WORK by Fiscal Year 2002-2003 2003-2004 2004-2005 Total PE Right-of-Way 2002-2003 2003-2004 2004-2005 Total Ri ht~f-Wa Cost Construction 2002-2003 2003-2004 2004-2005 2005-2006 Total Contract Costs Construction Engineering and Inspection 2002-2003 2003-2004 2004-2005 Total Construction Engineering Total Construction Cost ESTIMATED TOTAL COST OF THE PROJECT The Deparbnent's fiscal year begins on July 1. For this project, funds are not proj FUNDING (1) (2) (3) TOTAL AGENCY STATE & -- PROJECT FUNDS FUNDS FEDERAL FUNDS -- $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $200,000.00 $200,000.00 $200,000.00 $0.00 $200,000.00 $0,00 $0.00 $0.00 $200,000.00 $0.00 $200,000.00 $200,000.00 $0.00 $200,000.00 July 1st each fiscat'year. available until after The Deparl:ment will notify the Agency, in writing, when funds are available. *No work shall begin until the Department has issued a written Notice To Proceed. This is an advanced reimbursement contract in which the Local Agency shall be reimbursed in accordance with Exhibit R of this agreement. Funds are contingent upon legislative approval. EXHIBIT R ADVANCE PROJECT REIMBURSEMENT Article 2.02, second and third sentencesare deleted and the following substituted: OGC - 11102 This agreement shall continue in effect and be binding on all parties until the project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the Department. Article 7.00, first sentence is deleted and the following substituted: The Department agrees to reimburse the Local Agency in accordance with Section 339.12 of the Florida Statutes an amount not to exceed the total estimated cost specified in Article 3.01 beginning in the Department's Fiscal Year 04 If the funding is from the Federal Highway Administration (FHWA), the payment will be made in a lump sum in t-'~-e year(s) the project is scheduled in the Department's Work Program as of the date of the agreement. If the FHWA funding is programmed in the Departments Adopted Work Program over a multi-year period, an annual amount equal to the amount programmed will be reimbursed in each of these years .If the project is for resurfacing, is estimated over two million dollars and is state funded, payments will be made in six equal quarterly payments beginning in the year the project was originally programmed. For all other state funded construction contracts estimated over two million dollars, payments will be made in ten equal quarterly payments beginning in the year the project was originally programmed. All payments will be made in accordance with Section 6.00 of the agreement. If there is a required local match of non-federal share, the reimbursement will be reduced by the required amount. The Department further agrees to request appropriation of said amounts from the Legislature prior to each fiscal year in question. 16B5 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 17, 2003 MEMORANDUM Date: To: From: Re: March 26, 2002 Kevin Hendricks, Right-of-Way Manager Transportation Department Teri Michaels, Deputy Clerk Minutes & Records Department Property Transfer and Construction Agreement with The Estates at Twineagles, Ltd., for conveyance of right-of-way and other easements and construction of a wildlife crossing Please find enclosed one original document as referenced above, (Agenda Item #16B6), as approved by the Board of County Commissioners on March 25, 2003. Kindly return the original to the Minutes and Records Department after the document has been recorded. If you should have any questions, please call me at 774-8406. Thank you. Enclosure 1686 Collier County Transportation Division Engineering and Construction Management Department Right-of-Way Office MEMORANDUM DATE: TO: FROM: RE: March 24, 2003 Ms. Sue Filson, Administrative Assistant Kevin Hendricks, Right-of-Way Acquisition Manager Agenda Item 16B6 - Property Transfer and Construction Agree Attached please find two executed originals of the Property Transfer and Construction Agreement on the March 25th agenda as item 16B6. Please replace the unexecuted single original of this agreement in your agenda package with these two executed originals, and request the Chairman to sign both. (The other party to the agreement has requested that we provide them with an original executed copy of the agreement for their files as well.) Please don't hesitate to call me at 5844 if you have any questions. Thank you. 2685 South Horseshoe Drive, Suite 214, Naples, Florida 34104 Phone: (239) 213-5844 FAX: (239) 213-5885 e-mail: KevinHendricks@Coliiergov.net PROJECT: PARCEL NOS: 60018 138/838/538 1686 PROPERTY TRANSFER AND CONSTRUCTION AGREEMENT THIS PROPERTY TRANSFER AND CONSTRUCTIO~ AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this~n'? day of ~J[ ~.0--- .1:4- , 2003, by and between THE ESTATES AT TWINEAGLES, LTD., a Florida limited partnership F/K/A TWINEAGLES DEVELOPMENT COMPANY, LTD., SUCCESSOR BY MERGER TO TALON LAND GROUP, LTD., (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County requires a fee estate ("Fee Estate"), in that portion of Owner's land described in Exhibit "A" (hereinafter referred to as "Parcel 138"); and WHEREAS, County requires a Perpetual and Non-exclusive, Sidewalk, Drainage and Utility Easement from Owner over, under, upon and across that land described in Exhibit "B" (hereinafter referred to as "Parcel 538"); and WHEREAS, County requires a Temporary Drainage Easement from Owner over, under, upon and across that land described in Exhibit "C" (hereinafter referred to as "Parcel 838" ) for the construction of a storm water retention and treatment pond until such time as Owner develops the Parent Tract property and constructs a lake and water management system into which County may discharge and treat stormwater mn-off from Immokalee Road; and WHEREAS, Owner desires to convey Parcel 138 and grant easements over Parcels 538 and 838 to County for the stated purposes; and WHEREAS, Owner intends to develop its property (hereinafter referred to the "Parent Tract"), and to construct a lake and water management system for the Parent Tract which will accommodate stormwater mn-off from Immokalee Road; and WHEREAS, Owner may desire to reclaim and develop those lands to be encumbered by Parcel 838 once the lake and water management system for the Parent Tract is operational, and to provide County with a permanent access and maintenance easement connecting the stormwater discharge structure (located at approximately Station No. 375 + 00 of the plans for the four- laning of Immokalee Road from CR-951 to 43rd Avenue Northeast, Collier County Project No. 60018) to the aforesaid lake and water management system for the Parent Tract; and WHEREAS, County shall have no use for Temporary Drainage Easement Parcel 838, if the permanent drainage easements from the discharge structure at Station 375 + 00 to and encompassing the lake and water management system for the Parent Tract have been conveyed County and accepted thereby; and WHEREAS, Parcels 138, 538, and 838 (legal descriptions of which are attached hereto as Exhibits A, B and C, and made a part hereof) and all improvements located thereon, and the future access and maintenance easement, as well as a future lake and water management system drainage easement are hereinafter collectively referred to as the "Property"; and WHEREAS, Owner is responsible for the construction of a wildlife crossing under Immokalee Road and across the Cocohatchee Canal running parallel thereto as a condition of Owner's Environmental Resource Permit for the development of the Parent Tract; and WHEREAS, County is able to construct said wildlife crossing in an efficient and cost effective manner during the four-laning of Immokalee Road from CR-951 to 43rd Avenue Northeast, Collier County Project No. 60018, and with minimal disruptions to the traveling public, as compared with Owner's ability to construct said wildlife crossing separate and apart from the public transportation improvement project; and WHEREAS, County desires to construct said wildlife crossing under Immokalee Road as a part of the Immokalee Road four-laning project, in exchange for the Owner's donation of the Property to County; and WHEREAS, Owner desires to convey the Property to County for the stated purposes and without compensation, on the terms and conditions set forth herein; and WHEREAS, County has agreed to the stated terms and conditions. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. The above recitals are true and correct and are incorporated herein. 2. Owner shall convey the Property to County for no monetary compensation pursuant to the terms of this Agreement. Owner represents that there are no damages resulting to Owner or Owner's land (Parent Tract) as a result of this conveyance. 3. The County agrees to design and construct, at County's expense, a wildlife crossing in accordance with the constructions plans attached hereto as Exhibit "D," and in compliance with South Florida Water Management District Permit No. 11-01567-P-02. Construction shall be part of the Immokalee Road widening project scheduled for construction in FY 2003 and shall be performed in accordance with the plans attached hereto. The parties hereto expressly acknowledge and agree that the County's performance is not conditioned in any way on the ability of Owner to successfully complete construction of and permit its proposed wildlife crossing and flow-way and the County makes no representations that the improvements depicted in the attached plans will comply with any requirements imposed by the SFWMD for a completed flow-way and wildlife crossing, except as stated above, or function for the particular purpose intended by Owner. The inability of Owner to complete the proposed improvements so that they function as a flow-way and wildlife crossing, or to obtain the necessary permits and approvals for the completed improvements, shall not constitute grounds to avoid, terminate, rescind or reform this agreement, or any portion thereof. Nothing contained in this Agreement shall be construed as imposing any condition or creating any obligation on the County to participate in any efforts by Owner to permit these improvements. All improvements described herein as being constructed by the County shall remain the property of the County. 4. The County shall construct a stormwater retention and treatment pond (designed for the ultimate six-laning of Immokalee Road) covering approximately 3.40 acres (to an elevation of 16.2, NGVD) within Parcel 838 (having a total area of 4.771 acres) designed to receive water from Immokalee Road and treat a drainage area of approximately 15.42 acres. Any fill remaining after the pond is constructed which is not needed for construction of the pond, or any berm designed around the pond, shall be left on the adjoining property of Owner and remain the property of Owner. County will maintain the stormwater retention and treatment pond constructed within Parcel 838 for a period of three years after the completion of construction of the Immokalee Road four-laning improvements or until such time as Owner obtains a surface water management permit from the SFWMD covering both the Temporary Drainage Easement (Parcel 838) and the adjoining property owned by Owner ("Parent Tract"), whichever occurs first. 5. Upon obtaining a surface water management permit from the SFWMD covering both Parcel 838 and the Parent Tract, Owner may construct a lake and water management system on the Parent Tract in such a fashion as to accept the 15.42 acre stormwater discharge from Immokalee Road, and if so constructed, the Temporary Drainage Easement over Parcel 838 shall expire, and Owner will provide to County, in a recordable form, a permanent easement for access and maintenance purposes connecting the stormwater discharge structure (located offset Station No. 375+00 of the construction plans for the four-laning of Immokalee Road from CR-951 to 43rd Avenue Northeast, Collier County Project No. 60018) to Owner's lake and water management system on the Parent Tract; at which time County will release the Temporary Easement and Owner shall thereafter maintain the lake and water management system on the Parent Tract. Owner may elect not to replace the treatment pond within Parcel 838. In that event, the Temporary Easement shall expire, and Owner will provide to County, in a recordable form, (i) a permanent easement over the actual boundaries of the 3.4 acre treatment pond 1686 constructed within Parcel 838 and (ii) a permanent easement for access and maintenance purposes connecting the stormwater discharge structure (located offset Station No. 375+00 of the construction plans for the four-laning of Immokalee Road from CR-951 to 43rd Avenue Northeast, Collier County Project No. 60018) to the 3.4 acre treatment pond located within Parcel 838, at which time County will release the Temporary Easement and Owner shall thereafter maintain the treatment pond on Parcel 838. 6. Owner shall have sole discretion over the location and configuration of its lake and water management system as long as it does not affect the intended function of the pond and meets the conditions of the County's Environmental Resource Permit. Owner will not discharge into Parcel 838 unless approved as part of Owner's surface water management permit. It is the parties' intent that the Owner may replace the Temporary Drainage Easement over Parcel 838, by constructing a discharge conveyance system from the point of Immokalee Road stormwater discharge to Owner's lake and water management system, whether via underground pipe or via open swale, and if so replaced, the County will have such rights of access from the location of the Immokalee Road stormwater discharge structure to Owner's future lake and water management system as are necessary to ensure the lake and water management system's ability to accept and to treat the 15.42 acre area stormwater discharge, and to maintain the stormwater conveyance system, irrespective of whether Owner has assumed maintenance responsibilities per this provision. 7. Upon the replacement of Temporary Drainage Easement over Parcel 838 with the permanent lake and water management system on the Parent Tract, Owner shall remove Drainage Structure "OCS-4" as shown on County's construction plans for the four-laning of Immokalee Road from CR-951 to 43rd Avenue Northeast, Collier County Project No. 60018, offset from Station 370+00, and shall cap the 48-inch pipe to which said Drainage Structure was attached to prevent errant stormwater discharge into the Cocohatchee Canal. 8. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Sidewalk, Drainage and Utility Easement and Temporary Drainage Easement, and remove or release such encumbrance from the Fee Estate, upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 9. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided, however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of the instruments required by paragraph 8 above. At Closing, Owner shall deliver to County (i) a Warranty Deed for the Road Right-of-Way, (ii) a Temporary Drainage Easement and (iii) a Sidewalk, Drainage and Utility Easement, in forms reasonably acceptable to County. 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached 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. 11. Owner is aware and understands that the "offer" to transfer property represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 12. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 1686 13. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 12. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 14. County shall pay for all costs associated with this transaction including but not limited to recording costs, transfer, documentary and intangible taxes, except that recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s), satisfaction(s) or subordinations(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment and title policy shall be paid by County. The Owner will be responsible for its own attorney's fees, expert fees and all other costs incurred as a result of the County's acquisition of the Property. 15. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 16. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors, and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 17. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Date Property acquisition approved by BCC: November 27, 2001 AS TO OWNER: (1) ~a L. Meskau~m~ Printed/Typed Name Signature Printed/Typed Name Asststaht Countl Atto~e$ Ellen T. Ch&d~11 BOARD OF COj]JNTY C.~MMISSIONERS COLLIER~2TY~~ ·-- TOM HENNING, Chairman THE ESTATES AT TWINEAGLES, LTD., a Florida limited partnership, et al., By: RCP/TE Management LLC, General Partner By: Resource Conservation Properties, Inc., as 1 er David H. Glra~am, Vice Presi--dent (Corporate Seal) 1686 ! o.R. 2;365, Ft~ NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 5. Subject to easements, reservations and restrictions of record. N DESCRIPTION: The Northerly 55.00 feet, of the West 1/2 of the West 1/2 of Section 29, Township 48 South, Range 27 Eost, Less the North 100 feet for road right-of-way purposes ond LESS the West 30 feet thereof for road right-of-way purposes, Collier County, Florida. Containing 1.586 acres more or less. 0 1 O0 200 300 SCALE: 1"=200 REVISED 2/12/03 F.b 12, 2003 -- 13:44:58 PRo~cr .o.: 60018 WllS #MIIISr MLAMUR~mokalee Road~.OO-O18-OOO.d~g TJT~: DA'[£: 02/03 DAVID J.' ,17~ATT,/¥1~.S.M. (~OR THE FIRM) FLA. LIC. HO, 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH AND DESCRIPTION PROJECT NO.; NUMBER: 04014-O00-O00-BGO01 ? oF I 1H-10 EXHIBIT 1yitNEAGi. ES OE'~r"LOPI~E~- T ~C~sP A1"1¥' O.R. 23~11. PG. NOT TO SCALE: N Notes: 1. This is not o survey. 2. Bosis of beoring is N/A. ;3. Subject to eosements, reservotions end restrictions of record. DESCRIPTION: The Southerly 23.00 feet of the Northerly 78.00 feet, of the West 1/2 of the West 1/2 of Section 29, Township 48 South, Ronge 27 Eost, Less the North 100 feet for road right-of-woy purposes and LESS the West ,30 feet thereof for rood right-of-way purposes, Collier County, Florida. Contoining 0.663 acres more or less. 0 100 200 300 REVISED 2/26/03 Feb 28, 2003 - 1~:0~:24 p.oj~'r ~.: 60018 WilsdeMille'F " -- o2/o DAVID J. ~,¥A'I-I',~,,~d~ii (FOR THE FIRM) FLA. LIC.~.'K~O. 5a'~4. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH AND DESCRIPTION PROJECT NO.: SHEEt' NUMBER: 04014-O00-O00-BGO01 I OF I FILE NO.: ;o EXHIBIT C I O.R. 2,15e, PU. -560.58'-- NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. N DESCRIPTION: The Southerly ,370.45 feet, of the Northerly 548.45 feet, of the Easterly 560.58 feet, of the West 1/2 of the West 1/2 of Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing 4.771 acres more or less. 0 1 O0 200 ,300 REVISED 2/26/03 REVISED 2/12/05 28. 2003 14:12:59 ..o~Ecr ,0., 60018 Wil Miller IdLAML/R~ meJmlee 838 TrTLE: oz/oa D^VIO a/HT~T'r. %,S-~ (FoR TH[ FIEM) FLA. LIC. ~4/0. 58~ NOT VAED' WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA MCENSED SURVEYOR AND MAPPER COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH AND DESCRIPTION NO.: 04014-O00-O00-BGO01 I OF' IH-lO 16El 6 ~" ' EXHIBIT ~ i Page { ~of, 7 ~ ............ ,~c~,u~,~ st^. ~s~.oo zl 6~ ,'. 1686 EXHIBIT '-i ti I ~-I-t~-- '( I~ Il:Ilk. _7:..~::~"=~ ~"~" :---l-,t--ti~ iI ~ "~ ~ ~ : ~ .., lq~. .- - ~f I ~- 'i ~ ~ ill ~ll : . ~ ~ ill ~1~1' ~':~ i '' I I,'[,I ' .... ~. I~ I FEI ~ ,-. ,, ~,~M::~!l ~;* MATCHLINE 5TA. 314+00 Il" 16B6 EXHIBIT Page ~' of--~'-- ,ItATCHLINE STA. 574+00 ~IATCHLINE STA. 385+00 L 1686 ~x r ~ page ~ of 7 i f "8' WILDLIFE CROSSING IMJfOKALEE ROAD III ill Ill III Iii III Ill ill III Ill I1[ II1 I1[ IlL III Ill I1[ III Ill Ill III lit Ill Ill iii iii I]1 iii iii Ill Iii IIi i11 lit ill iii Iii iii iii II III l il Iii Ill Ill Ill IIi iii Ill I 11 tl I il Ii II Il 11 I Ill III Ill Ill III Ill Ill Ill Ill Iii III III III WILDLIFE CROSSlN~I IAfMOK4LEE ROAD EXHIBIT MEMORANDUM 16B7 Date: To: From: Re: March 26, 2003 Edward J. Kant, Director Transportation/Operations Teri Michaels, Deputy Clerk Minutes & Records Department Agreement Between Collier County and the State of Florida Department of Transportation (FDOT), for Delegation of Drainage Permitting Enclosed please find one original document, as referenced above (Agenda Item #16B7), approved by the Board of County Commissioners on Tuesday, March 25, 2003. Kindly forward this agreement to the appropriate party for the required signatures and return the fully executed original to Minutes and Records. If you have any questions, please call me at: 774-8406. Thank you. Enclosure State of Florida, Department of Transportation MEMORANDUM OF AGREEMENT FOR DELEGATION OF DRAINAGE PERMITTING This Memorandum of Agreement (Agreement) for the delegation of drainage permitting is effective the last date signed below and is by and between the State of Florida, Department of Transportation (FDOT) an agency of the State of Florida with offices at 605 Suwannee Street, Tallahassee, Florida 32399, and Collier County, (COUNTY) a political subdivision of the State of Florida with offices at 3301 East Tamiami Trail, Naples, Florida 34112. The term of this Agreement for the delegation of drainage permitting shall mn from the effective date of this Agreement through June 30, 2012. This Agreement may be cancelled by the FDOT or the COUNTY upon sixty (60) days written notice to the other party at the address set forth above. This Agreement for the delegation of drainage permitting is based upon COUNTY drainage permitting criteria and amendments thereto specified by this Agreement that the FDOT finds will ensure the safety and integrity of facilities of the FDOT. The purpose of this Agreement is to stipulate the approach that shall be used for the delegation of drainage permitting by the FDOT to the COUNTY, in accordance with Section 334.044 (15)(b), Florida Statutes. The delegation of drainage permitting is for any and all activities regulated by Chapter 14-86 of the Florida Administrative Code. Pursuant to this Agreement, a COUNTY drainage permit approval is deemed approved under Chapter 14-86, Florida Administrative Code, when issued pursuant to the terms of this Agreement. This Agreement does not apply to activities that are exempt under Chapter 14-86, Florida Administrative Code, and therefore, do not require a review or the issuance of a permit. For a non-exempt activity involving two (2) or more acres of additional impervious surface, the COUNTY will technically evaluate and decide whether to issue a COUNTY drainage permit based upon the requirements of Collier County Ordinance No. 74-50, Collier County Ordinance No. 90-10, and Collier County Ordinance No. 2001-27. COUNTY drainage permits, issued under this agreement, shall incorporate all general and specific conditions and requirements contained on the FDOT standard permit form number 592-13, dated 10/86, (a copy of the standard FDOT permit form is attached hereto as Exhibit "A" and incorporated herein). The COUNTY will provide notice to FDOT at the address set forth above of any proposed ordinance or amendment to these ordinances that affects the COUNTY drainage permitting criteria at least 60 days prior to the effective date of any new ordinance or amendment. - For a non-exempt activity falling below the threshold for regulation of storm water peak discharge rates and/or total volume regulation under Collier County Ordinance No. 74-50, Collier County Ordinance No. 90-10, and Collier County Ordinance No. 2001-27, the COUNTY will technically review and decide whether to issue a COUNTY drainage permit based upon the requirement that the activity complies with the peak discharge rates and/or total volume regulation criteria specified in Rule 40E-4.301, Florida Administrative Code. Specifically, the criteria specified in Rule 40E-4.301, Florida Administrative Code, must be met in order for a COUNTY drainage permit to be issued for any activity that meets all of the following conditions: 1. Abuts a State Road; and 1 6[~ 7 2. Involves more than 0.20 acres, but less than 2 acres of additional impervious area; and 3. Is not a single family residential improvement; and 4. Is not related to agriculture or silviculture activities that are regulated by other agencies. The COUNTY hereby agrees to amend its ordinances, as necessary, to incorporate the requirements of this Agreement. The COUNTY may commence drainage permitting in accordance with this Agreement on applications for permits received aiter the effective date of the necessary amendment(s). The COUNTY will monitor regulated activities and take action as needed to enforce the requirements of the COUNTY ordinances and all permits issued pursuant to this Agreement. The COUNTY hereby agrees to enter the COUNTY drainage permit data for all permits issued pursuant to this agreement into the FDOT Permits Information Tracking System. The parties agree that the employees and agents of the COUNTY are not employees or agents of the FDOT as a result of this Agreement. Nothing in this Agreement is intended to or shall be construed as granting any fights, privileges, or interest in any third party. Neither this Agreement nor any of the fights, interests, or obligations herein shall be assigned by COUNTY without the prior written consent of the FDOT. This Agreement embodies the whole agreement of the parties on the subject matter. There are no promises, terms, conditions, or obligations other than those contained herein. 2 FLORIDA DEPARTMENT OF TRANSPORTATION 16B7 Assistant Secretary Date Legal Review: Office of General Counsel Date BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF~k~DRID~/ o TOM HENNING, CHAIRMAN~Date ~- 2.5'- <),~ Approved as to form and legal sufficiency: ~ ~, 1~ Robinson Date --3tssistahtkjCounty Attorney '3/t ~ / 7-~a _3 16B8 MEMORANDUM Date: March 26, 2003 To: Lynn Thorpe, Principal Project Manager Transportation/ECM From: Teri Michaels, Deputy Clerk Minutes & Records Department Re: Incentive Grant Program (ClGP) Agreement Extension For Livingston Road from Pine Ridge Road to Immokalee Road (FM#41000315401 ) Project #62071 Enclosed please find three (3) original documents as referenced above (Agenda Item #16B8), approved by the Board of County Commissioners on Tuesday, March 25, 2003. Kindly forward the agreements to FDOT for the required signatures and return one fully executed original to Minutes and Records. If you should have any questions, please call me at 774-8406. Thank you. Enclosures STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AGREEMENT AMENDMENT 16B8 CHAIRMAN BOARD OF COUNTY COMMISSIONERS COl J,1ER COUNTY, FLORIDA FM No.: 41001415401 County: COl .l .[ER As of Gentlemen: When signed by Collier County and the State of Florida, Department of Transportation in the places provided below, the following shall constitute an amendment to that certain agreement between Collier County and the State of Florida, Department of Transportation dated February 21, 2001, as in force immediately prior to the execution of this amendment (the "Agreement"): 1. All expressions used herein, unless herein separately defined, shall have the same meaning herein as in the Agreement. 2. Paragraph 2A, subparagraph (c) of the Agreement has been changed to read: 2 A(c) Construction contract to be completed on or before February 15, 2005. Except as expressly or by necessary implication modified hereby, all provisions of the Agreement shall remain in full force and effect in accordance with their terms but in the event of any inconsistency(ies) between the provisions of the Agreement and the provisions hereof, the latter shall prevail. ACKNOWI.EDGED AND AGREED TO: BOARD OF COUNTY COMMISSIONERS By Chairman 1688 STATE OF FLORIDA' DEPARTMENT OF TRANSPORTATION By. District Secretary ATTEST: By (SEAL) Executive Secretary LEGAL REVIEW: By / ~ . /"-"-~ County Attorney By District Legal Counsel 16C2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 16C3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 16C4 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 17, 2003 AGREEMENT 16C6 THIS AGREEMENT, made and entered into on this 25~h day of March, 2003,'by a_nd between Dua Computer Resources, Inc, whose business address is 100 E. Linton Blvd. #203A Delray Beach, F1 33483 hereinafter called the "Contractor" and Collier County, a political subdivision of the State' of Florida, Collier County, Naples, hereinafter called the "County": WITN E S S E TH: COMMENCEMENT. This Agreement shall commence the work upOn execution of this Agreement and upon issuance of a purchase order. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under ali of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall provide services in accordance with the Scope of Services of RFP 02-3356 "Special Assessments System Pr · , ogrammmg , the Contractor's Proposal, and Attachment "A" and Attachment "B' hereto attached and incorporated herein by reference, as well as additional services as required and mutually agreed upon in writing by the County Information Technology (IT) Department and Contractor. ¸3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement, an estimated total amount not to exceed one hundred twenty, two thousand two hundred dollars ($122,200.00), based on the aggregate of the units actually ordered and furnished at the unit price and the cost of any other charges/fees submitted in the proposal, subject to Change Orders as approved in advance by the County. Costs will be billed at sixty five dollars ($65.00) per hour for developers, and at seventy dollars ($70.00) per hour for the Project Manager as per Attachment "A'. The tasks and project timelines outlined in Attachment "A' are estimates, actual allocation of resources and hours may vary based on the requirements of the IT Department. The contract amount for additional services shall be mutually agreed upon in writing by the Contractor and the IT Department. Payments shall be made to the Contractor when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Statutes, otherwise known as the "Florida Prompt Payment Act". 16U6 Travel expenses shall be reimbursed at the rates used by Collier County for its employees as per Section 112.061 Florida Stafutes. Reimbursements shall be at the following rates: Mileage: Breakfast: Lunch: Dinner: Air fare: Rental Car: Lodging: Parking: $ .29 per mile $ 3,00 $ 6.00 $12.00 Actual Ticket Cost Actual rental cost of midsize or small car Actual cost of reasonable lodging at single occupancy rate Actual cost of parking NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Ammu Warrier Dua Computer Resources, Inc. 100 E. Linton Blvd. #203 A Delray Beach, Florida 33483 Fax # 561-276-8058_. All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tam/ami Trail, East Naples, Florida 34112 Fax # 239-732-0844 At-tn: Purchasing Director The Contractor and the County may change the above mailing address and/or fax numbers at any time upon giving the other party written notification. Ail notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats, all perm/ts necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for aH such permits issued by the County shall be processed internally by the County. All non-County perm/ts necessary for the prosecut/on of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and ail taxes levied on the Contractor. In addition, the Contractor shall comply w/th ali rules, regulations and laws of CoIlier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws thegoverning the responsibility of an employer with respect to persons e~pl~e~by Contractor. 1 NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In. the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. TERMINATION. Should the- contractor be found to have failed to perform his services in a manner satisfactory to the County as per the requirements of this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shah be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Workers' Compensation: Insurance covering all employees meeting Florida Statutory Limits, Chapter 440 in compliance with the applicable State and Federal Statutory limits and Requirements. C. Professional Liability_: Coverage shall have minimum limits of $500,000 Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal cer~icates shall be sent to the County 30 days prior to any expiration date. There shall be a gO-day notification to the County in the event of cancellation or modification of any stipnlated insurance coverage. 161] 6 Coneractor shall insure that ali subcontractors comply with the same insurance requirements that he is required to meet. The same Coneractor shall provide County with cer~icates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shah hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and ail costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any ctaims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon.contract price as shown, in this Contract or the Contractor/Vendor's I'm4g-- of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier' County. 13. CONTRACT ADMINISTRATION. This Agreement shah be administered on behalf of the County by the Department of Information Technology Director or their designee. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #02-3356, Attachment "A" and Attachment "B'. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16C6 IN 1AZlTNESS ~rIEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ?Type/prini~tness name? BOARD OF COUNTY COMMISSIONERS COLLIE~TNTY~ORIDA. By: "~/~~. Tom Henning, Chairman .Dua Computer Resources, Inc. Contractor By: Typed signature and tit~e CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: Assistant County Attorney Attachment "A' 16C6 6 ADDRESS MODULE TIMELINE LAST UPDATED: 16C6 5/20/2003 1. PROJECT TIMELINE DCR has est/mated the following timeline for this project. These estimates are based on the requirements that are available. Task Planning Prepare the Project Plan Requirements Analysis Gather Existing Documentation Prepare Use Cases Prepare the Business System Analysis Report Signoff Business System Analysis Report Design Design User Interfaces Design Logical Database Prepare Business System Design Report Signoff Business System Design Report Development Create the Physical Database on Test Server Add/Update/Search/Delete Address Change Units Manage Rolls Yearly Rates Create/Update/Search Work order Create FCR Report/Print FCR Report / Print / Re-Print T/C Notifications Report / Print Work Orders History Testing Unit Test Add/Update/Search/Delete Address Change Units' Manage Rolls Yearly Rates Create/Update/Search Work order Create FCR Reports Integration Testing System Testing Deployment Deploy the Application at Client Site Application Signoff Total Person Days 1 day 1 day 1.5 days 1 day 0.5 days 1 day 2 days 1 day 0.5 days 0.5 days 3 days 2 days 2 days 3 days 2 days 2 days 2 days 2 days 1 day 1 day 1 day 1 day 1 day 2 days 2 days 2 days 1 day 1 day 39 days PROPRIETARY INFORMATION OF DCR, 2003 1 ADDRESS MODULE TIMELINE LAST UPDATED' 5/20/2003 DCR will use the following resources for the entire project: · Project Manager · Two Developers 2. PROJECT COST DCR estimates that the entire project will be billed at $65 Per hour for developers and $70 per hour for the Project Manager. The estimated cost for the development of the Assessment module is approximately $20,480. PROPRIETARY INFORMATION OF DCR, 2003 2 ADMINISTRATION MODULE TIMELINE 16C6 LAST UPDATED: 5/20?2003 1. PROJECT TIMELINE DCR has estimated the following timeline for this project. These estimates are based on the requirements that are available. Task Planning Prepare the Project Plan Requirements Analysis Gather Existing Documentation Prepare Use Cases Prepare the Business System Analysis Report Signoff Business System Analysis Report Design Design User Interfaces Design Logical Database Prepare Business System Design Report Signoff Business System Design Report DeveloPment Create the Physical Database on Test Server Create New Users Modify User Profile / Change password Access control for different modules View Users Online (who is logged on in which module) Tax Roll Process Testing Unit Test Create New Users Modify User Profile Access control for different modules Tax Roll User Acceptance Integration Testing System Testing Deployment Deploy the Application at Client Site Application Signoff Total Person Days 1 day 1 day 1.5 days 1 day 0.5 days 2 day 1 day 1 day 0.5 days 0.5 days 2 days 3 days 3 days 2 days 9 days I day 1 day 1day 2 days 2 days 2 days 1 day 1 day 40 days PROPRIETARY INFORMATION OF DCI% 2003 I ADMINISTRATION MODULE TIMELINE LAST UPDATED: 5/20/2003 DCR will use the following resources for the entire project: · Project Manager · Two Developers 2. PROJECT COST DCR estimates that the entire project will be billed at $65 per hour for develoPers and $70 per hour for the Project Manager. The estimated cost for the development of the Assessment module is approximately $21,000. PROPRIETARY INFORMATION OF DCR, 2003 ASSESSMENTS MODULE TIMELINE 16 6 LAST UPDATED: 5/20/2003 1. PROJECT TIMELINE DCR has estimated the following timeline for this project. These estimates are based on the requirements that are available and the tasks that are listed below. Task Planning Prepare the Project Plan Requirements Analysis Gather Existing Documentation Prepare Use Cases Prepare the Business System Analysis Report Signoff Business System Analysis Report Design Design User Interfaces Design Logical Database Prepare Business System Design Report Signoff Business System Design Report Development Create the Physical Database on Test Server Payment Record Maintenance Status Code Maintenance Type Code Maintenance Assessment Records Maintenance Assessment Adjustments Project Records Maintenance Accounts Maintenance Manage Exception Folios Batch Process to update Accounts with the principal calculated on the basis of footage and acreage in the locations table. Testing Unit Test Payment Record Maintenance Status Code Maintenance Type Code Maintenance Assessment Records Maintenance Project Records Maintenance Accounts Maintenance Manage Exception Folio Assessment Adjustments Integration Testing System Testing Person Days 2 days 1 day 2 days 1 day 0.5 days 1 day 1 day 1 day 0.5 days 0.5 days 3 days 2 days 2 days 4 days 1 day 2 days 3 days 2 days 2 days 1 day 1 day 1 day 1 day 1 day 1 day 1 day I day 2 days 2 days PROPRIETARY INFORMATION OF DCR, 2003 1 ASSESSMENTS MODULE TIMELINE 16C6 LAST UPDATED: 5/20/2003 Deployment Deploy the Application at Client Site Application Signoff Total 1 day 1 day 1 day 46.5 days DCR will use the following resources for the entire project: · Project Manager · Two Developers 2. PROJECT COST DCR estimates that the entire project will be billed at $65 per hour for developers and $70 per hour for the Project Manager. The estimated cost for the development of the Assessment module is approximately $24,440. PROPRIETARY INFORMATION OF DCR, 2003 2 LETTERS REQUISITION MODULE TIMELINE 16C6 LAST UPDATED: 5/20/2003 1. PROJECT TIMELINE DCR has estimated the following timeline for this project. These estimates are based on the requirements that are available. Task Planning Prepare the Project Plan Requirements Analysis Gather Existing Documentation Prepare Use Cases Prepare the Business System Analysis Report Signoff Business System Analysis Report Design Design User Interfaces Design Logical Database Design Physical Database Prepare Business System Design Report Signoff BusineSs System Design Report Development Create the Physical Database on Test Server Create Letter Templates ( Each Template has to be created separately. Assumption - 6 templates. 1.5 days per template ) Search Records for Mailing and Print individual Letters History Report of letters mailed Batch to print letters Testing Unit Test Template Testing - 6 templates Search Records for Mailing and Printing History of letters mailed Batch to print letters Integration Testing System Testing Deployment Deploy the Application at Client Site Application Signoff Total Person Days 2 days 1 day 2 days 1 day 0.5 days 1 day 1.5 day 1 day 2 day 0.5 days 0.5 days 9 days 3 days 2 days 5 days days day day days days days 1 day 1 day 46 days PROPRIETARY INFORMATION OF DCR, 2003 1 LETTERS REQUISITION MODULE TIMELINE 16g6 LAST UPDATED: 5/20/2003 DCR will use the following resources for the entire project: · Project Manager · Two Developers 2. PROJECT COST DCR estimates that the entire project will be billed at $65 per hour for developers and $70 per hour for the Project Manager. The estimated cost for the development of the Assessment module is approximately $23,920. PROPRIETARY INFORMATION OF DCR, 2003 2 I~EPORTING MODULE TIMELINE LAST UPDATED: 16 6 5/20/2003 1. PROJECT TIMELINE DCR has estimated the following timeline for this project~ These estimates are based on the requirements that are available. The estimates for the reports are for canned reports. (pre-defined columns and format). Task Planning Prepare the Project Plan Requirements Analysis Gather Existing Documentation Prepare Use Cases Prepare the Business System Analysis Report Signoff Business System Analysis Report Design Design Report General Layout Development Reports for Assessment Module Dally Deposit and Distribution Report Reports of all Cash Flow (Subsidiary Ledger) Print Accounts - Paid / Unpaid/Deferred/All Project Assessment Roll By Project Account History of Payments Assessment Notices - Reprint Capability Recap by Fund/Project , Alpha Cross Index Folio number Listing Adjustments Audit Report Print Rolls Exception Report when Preparing Rolls Exception Report of Folio Numbers Reports for Address Module Open Work Orders Open CNF Open FCR Operator Productivity ? Projection Report Testing Unit Test All Reports Integration Testing System Testing Deployment With Crystal Person Days Reports 2 days 2 days 2 days 2 days 3 days 3 days 2 day 2 days 0.5 days .5 days 2 days 2 days 2 days 3 days 2 days 3 days '2 days 3 days 2 days 3 days 2 days 3 days 2 days 3 days 2 days 3 days 2 days 3 days 2 days 3 days 2 days 3 days 2 days 3 days 2 days 3 days 2 days 3 days 1 day 1 day 1 day 1 day 1 day 1 day 2 days 2 days 2 days 2 days 5 days 5 days 3 days 3 days 4 days 4 days PROPRIETARY INFORMATION OF DCR, 2003 1 REPORTING MODULE TIMELINE LAST UPDATED' 5/20/2003 Deploy the Application at Client Site Application Signoff Total 1 day I day 58.5 days 2 days 1 day 72.5 days 'DCR will use the following resources for the entire project: · Project Manager · Two Developers 2. PROJECT COST DCR estimates that the entire project will be billed at $65 per hour for developers and $70 per hour for the Project Manager. The estimated cost for the development of the Assessment module is approximately $38,080 (using crystal reports) and $30,800 (using HTML reports). PROPRIETARY INFORMATION OF DCR, 2003 2 16C6 ', A~achment "B' Contractor shall develop and deliver to County. as both object code and source code. the soft, rare described in this Agreement. together with ali documentation customarily provided with such type of product, including in any event all manuals and other documentation that is necessary or reasonably desirable for County to identify the software, understand its functionality and application, and operate it for its intended use ("Documentation"). in such form and content as is reasonably acceptable to the County. The duties of Contractor under this Agreement shall be performed as work for hire. With the exception of any already existing third party software that Contractor identifies in writing to County prior to delivery, County shall be the sole owner of all software (including both object code and source code), Documentation, reports and other deliverables and materials that Contractor provides, and all work product that Contractor generates, in the course of performance under this Agreement (all together, "Software"), and County shall possess all copyrights, ail other intellectual property rights and all other rights in the Software, including but not limited to .all economic rights, all rights of possession, reproduction and transfer, and all rights of modification. Contractor shall not receive or retain any license or other rights in the Software, whether arising from the process of creation or otherwise, and if any such right were deemed to arise, Contractor hereby waives it unconditionally, and if it cannot be waived, Contractor hereby assigns it to County. Contractor agrees to cooperate with any request by the County at any time to confirm such waiver and/or assignment in a separate writing. Contractor shah not permit any of its employees or contractors to obtain or retain any rights in the Software, and shall indemnify and defend County against the assertion of any such right by Contractor, its emPloyees or contractors. :'COLLIER COUNTY GOVERNMENT Special Assessments System Programming Technical Proposal In Response to: RFP 02-3356 May 3, 2002, 2:00 pm (EST) DUA COMPUTER RESOURCES, [NC (DCR) Submitted to: Purchasing Department Collier County Government Center 3301 East Tamiami Trail, Naples, FL 34112 Submitted by: Dua Computer Resources, Inc.. (DCR) 100 E. Linton Blvd. #203A Delray Beach, Florida - 33483 PROPOSAL FOR COLLIER COLrNTY 16C6 02-3356 1. PROJECT UNDERSTANDING Collier County's Information Technology Department ("County") has a Special Assessments System that was developed internally, using Cold Fusion with. SQL Server as the database. As part of application development and enhancement effort, the County needs the following programming services: Cold Fusion Template Development: Design and develop new Cold Fusion templates to create system modules. Fusebox Protocol: Use Fusebox protocol for writing Cold Fusion code, to emphasize code portability, modularity, reusability and understandability. Cold Fusion Template Integration: Integrate the Cold Fusion templates to the Special Assessments System in the development phase. Internet Development Integration: Integrate the programs to the Internet environment, with HTML and CSS. SQL Server Development: Develop queries and stored procedures using SQL Server and query optimization as well as performance ming. )~ Outsourced Project Management: Coordinate the development and management of the projects in an outsourced project management environment with multiple programmers. )~ Additional Similar Work: Application development, enhancement and integration support with similar goals and objectives. Development Process DCR will coordinate the development and management of the projects in an outsourced project management environment. Each project will be considered to be a complete software life cycle project and will be divided into the following phases: PROPRIETARY INFORMATION OF DCR, 2002 ~o~o~ ~o~ ~o~.~ ~o~ 16C6 02-3356 Kev Tasks Kev Phases I Deliverables ~na~eYrZ~e~a~eb~Se'' -- ~NE' i ii Requ/rementsDocument requirements. AsSESs~1N~ i. i ? Document detailed design. '~ :D ~ ~ ] De~ ] Complete unit testing. ' i~::DE~ ~!' ilVEE~ ,? Unit tested Prepare system test plans. application Perform system testing, Integrate module. Perform user testing Rollout document Complete tested application and documentation Rollout to production Complete deployment PROPRIETARY INFORMATION OF DCR, 2002 '2 16 6 PROPO SA~L FO___~.R COLLIER COUNTRY _02-335_______6 __ Outsourcin~o Process The process for the outsourc/ng of the specialized programming servSces by the County can summarized through the following flow chart: · DCR will respond to the Statement of Work within seven (7) .working days. DCR will provide a fixed price for the assignment. · Work will be authorized through a purchase order with the proposal attached as backup. 2. PROPOsER'S CREDENTIAIJS ' DCR was founded in 1995 as an information technology solutions provider and is a minbrity and woman owned business, located in Delray Beach, FL. Since then it has grown into a corporation with 63 employees and over 9 million in revenue in the year 2000 and relationships with several Fortune 500 companies. DCR's core management has a technical and business education background that makes delivery within the schedule and cost more feasible. 2.1 CAPABILITIES Web Development Expertise: DCR's expertise in web application development involves the use of' n-tier and distributed application development in Windows NT as well as Unix environment. DCR is a Microsoft Certified Solution Provider and has 24 Microsoft Certified Professionals. DCR's · 24 Microsoft Certified Professionals · 8 Cold Fusion Application Development Resources · 23 Sun Certified Java Programmers experience with Cold Fusion includes the design · 7 SQL Server Certified Professionals and development of both Intemet and Intranet applications. Some of the detailed projects and sol.ions that DCR has developed for flris platform has been described in the following sections. ApplicatiOn and System Design: DCR's architects and designers use formal methodologies for system design. DCR has experts in UML, Jacobson's Use Cases, Rumbaugh's OMT as well as structured techniques like Yourdon and Ward-Melior. DCR uses CASE tools including Rational Rose for all object oriented design and ERWin for dam modeling. PROPRIETARY INFORMATION OF DCR, 2002 ; 1696 PROPOSAL FOR COLLIER COUNTY 02-33 56 Database Experience: DCR is a 1Viicrosoft certified Solution Provider, Oracle Business Alliance Parmer and an IBM Partner. DCR has expertise in data warehousing and data modeling large and complex systems as well as databaSe development using different RDBMS like SQL Server, Oracle and DB2. DCR has 7 Microsoft Certified SQL Server DBAs. Full Life Cycle Development Experience: DCR's team haS more than 1000 man years of apphcation development experience. DCR's unified development process, supported by a comprehensive quality management system, shortens the application development timeframe and prov/des significant business benefits to the customer. Software Development Methodology: DCR's application development methodology follows the cycle that includes project planning, analysis, design, development, quality assurance and final implementation.. All the phases go thrOUgh an initiation process, planning process, controlling process and closing process. Risk management planning is done as a part of the planning process and progress measurement, risk monitoring and control and quality control are done as part of the controlling process. 2.2 WEB DEVELOPMENT PROJECTS DCR's wireless application development projects include database interfaces, mobile messaging, web :applications, speech recognition applications and local applications for wireless devices. Below is sampling of recent projects that DCR has been involved in with clients: 2.2.1 Electronics Bill Of Material System The client is a large telecommunications company in Florida with a manufacturing facility and has a workflow process for requisition and ordering of material. DCR automated the entire workflow process by developing a web based that can also be accessed online by the authorized users. This application also has an interface to email so that emails with reminders can be sent. The entire application was developed using Cold Fusion using Fusebox Standards with Microsoft SQL Server 7.0 as the database. Currently, DCRis maintaining the application and is responsible for performance tuning and query optimization. 2.2.2 International E-Commerce Application J The client provides access to international consumers (primarily in Latin America) to E-Commerce sites in the US. A downloadable plug-in was also developed that enables the users to add items from site like Amazon, Etoys etc. into an international multi-site shopping cart. The entire web site was developed using Cold Fusion 4.0 with XML, HTML-and JavaScript, and SQL Server as the database. The application used Verisign for credit card validation. Besides the web site, DCR also developed a fulfillment application to complete the entire order, ship it to the customer and get final notification. 2.2.3 Fax WiZard The client is a telecommunications company in Florida and is providing a service by which a customer can send and receive faxes through the Internet and have a toll free fax number. DCR designed and developed a complete system using Cold Fusion, X,ML and SQL Server along with RighrFax with Windows NT, liS and Exchange server. The system connects to the fax server and converts the incoming fax to an emaiI and delivers it to the user. DCR was responsible for the complete development cycle and also provided training to the client's development team for ongoing support, PROPRIETARY INFORMATION OF DCR, 2002 4 2.2.4 The c C 0~."~3.~ acCes: databl DCR the pr 3. STAFF CREDENTIALS The DCR team leverages the professionals wb ) will be de, management infr~ structure, mac delivery process. Our project skills, dedication and experien, track record in ~ elivering cus commercial sector. :ts will be organized t National Account Customer Tracking Software The client is a security systems company in Florida mad has a client-server application for tracking the contacts for all their national accounts. DCR migrated the application to web based application that is acc'essible over a Pocket PC using ASP, COM and SQL Server. The data was migrated from a mainframe database into SQL Server on a scheduled basis and DCR developed batch programs for the data transfer. DCR worked closely w/th the clients to design the presentation layer and maintained the functionality of the processing layer. The design was done using Rational Rose. The DCR team leverages the project delivery methodology, knowledge capital, and experience of professionals who will be dedicated to the project. A "best practices" delivery approach, project management infrastructure, mad deliverables based project plan are utilized to establish control over the Our project team is a group of business and techq, ology professionals with the fight skills, dedication and experience to deliver on-scOpe, on-t/me and on-budget. This team has a proven track record in delivering custom application systems and supporting operations for the public and The projects will be organized to ensure delivery of a timely mad qmility solution as follows: TITLE TIME ROLE PROJECT 100% The project manager w/il be dedicated to the projects effort full- MANAGER time during the duration of the project. The Project Manager will be responsible for: · Project management and the use of sound project management techniques including work planning, status reporting, issues management, deliverable review mad risk management. . · Overall project leadership. · Acting as the primary point of contact for the Count. PROPRIETARY INFORMATION OF DCR, 2002 PROPOSAL FOR COLLIER COUNTY 1696 02-3356 DEVELOPERS 100% The Developers w~l be allocated to the project on a lidl nme basis and w/Il be involved in design, development and testing phases of the project. Responsibilities include: · Application detailed design and development · Unit testing and Support for system and user tgstmg QA ANALYST DUring A QA Analyst. allocated to this assignment during the testing and testing and rollout phase. Responsibilities include: rollout · Documentation of test plans and test cases. · System testing and regression testing. TRAINER AND DUnng There W~ll be one Tramer and Technical Writer during the rollout TECtlNICAL rollout and and training phase. Responsibilities include preparation of training WRITER training manuals, training and user documentation. 3.1 NAME, TITLE, ADDRESS AND TELEPHONE NUIVIBER Raj Doraiswamy Project Manager 100 E. Linton Blvd., Suite 203A Delray Beach, FL-33483 Phone: 561-276-6838 Cell: 561-236-9151 Naveen Kumar Programmer 100 E. Linton Blvd., Suite 203A Delray Beach, FL-33483 Phone: 561-276-6838 Home: 561-883-6181 Vikram Goyal Programmer 100 E. Linton Blvd., Suite 203A Delray Beach, FL-33483 Phone: 561-276-6838 Home: 561-347-7842 Anil Rajnala QA Analyst 100 E] Linton Blvd., Suite 203A Delray Beach, FL-33483 Phone: 561-276-6838 PROPRIETARY INFORMATION OF DCR, 2002 6 PROPOSAL FOR COLLIER COUNTY 02-3356 Richard Piva Technical Writer/Trainer 100 E. Linton Blvd., Su/te 203A Delray Beach, FL-33483 Phone: 561-276-6838 Cell: 561-441-2191 4. RESUMES PROJECT MANAGER RAJ DORAISWAMY Summary of experience A Project Manager with over 8 years of experience in consulting and industry focusing on project management, organizational assessments and redesigns for large corporations in telecommunications and the retail industries. Areas of expertise · Project management · Customer relationship management · Strategic sourcing · Strategic planning development · Business process engineering · Technology management Technical Disciplines: Operating Systems Windows 2000, CE, NT, 98, 95, Sun Solaris Software Microsoft Project, Office Database: SQL Server, Oracle, MS Access Case Tools: ERWin, Rational Rose Programming Tools: Cold Fusion, Visual Basic, ASP, COM, HTML, SQL, C Work Experience August 1998 - Present Project Manager, DCR March 1995 - July 1998Team Leader/Senior Programmer/Analyst, Global Infotech June 1993 - Feb. 1995 Principal Consultant, Mastech Corporation Relevant experience · For the Fax Wizard development, served as a project manager and managed three .developers to design, develop and integrate the development and implementation using Cold Fusion, XML, JavaScript and SQL Server. Code review to ensure compliance with Fusebox. For a large telecommunications company, managed the development of the workflow system for electronic bill of materials, interacted directly with the business users, implementation of new PROPRIETARY INFORMATION OF DCR, 2002 7 PROPOSAL FOR COLLIER COUNTY modules md coordi ~ated the syst~ ~ms t] mt were dc ~eloped us · Senior P:'ogrammer Analyst t5 Pt~erS~naatal¢:~tei. On opti(ns) using, Education and Certification Microsoft Certified Solutions Developer MS Computer Science BS Mathematics References Dua Computer Resources Inc. Ammu Warrier, 561-276-6838 ADT Security Systems Rohini Carrasco, 561-414-7526 modules and coordinated the training. Managed a team of 4 developers and QA analysts for systems that were developed using Cold Fusion and HTML with SQL Server 7 as the database. Senior Programmer/Analyst for the development of a large E-Commerce application (with personalization options) uskng Cold Fusion with JavaScript, XML and HTML and SQL Server as PROPRIETARY INFORMATION OF DCR, 2002 'I PROPOSAL FOR COLLIER COUNTY 16 6 02-3356 NAVEEN KUMAR Summary of experience A Senior Programmer/Analyst with over 14 years of experience in application architecture, desigu and development of enterprisewide applications. Areas of expertise · Application Architecture · Database Modeling · Web Development Technical Disciplines: Operating Systems: Windows 2000, NT, Sun Solaris, Linux. Software Database: SQL Server 7.0/2000, Oracle, Sybase Programming Tools: Cold Fusion, ASP, HTML, JavaScript, XML, C++, COBOL, Visual Basic, Power Builder Work Experience June 1997 - Present Senior Application Architect, DCR June 1993 - May 1997 Senior Programmer/Analyst, Motorola' ' July 1988- April 1993, Programmer, Siemens Stromberg Carlson Relevant experience · Created the quality control and quality management plan for a Fortune 500 Security Service company. Developed the quality assurance standards for all web based applications. Developed a V-Model of Verification and Validation that established guidelines for quality assurance of every deliverable and the scope for each phase of the project. · Developed the standards for system testing, stress testing, performance testing and benefits realization testing. · Over 10 years has been a hands-on test specialist with expertise in defect management, configuration management and revision and build management. Education and Certification · MS Computer Engineering. · BS Electrical Engineering References Dua Computer Resources Inc. Raj Doraiswamy, 561-276-6838 Siemens Stromberg Carlson Victor Coello, 561-923-6426 PROPRIETARY INFORMATION OF DCR, 2002 9 PROPOSAL FOR COLLIER COUNTY 02-33 ~ GOYAL Summary of experience Senior Applications Developer with over 7 years of exper/ence in web development on the Windows NT and 2000 platforms. development and database Areas of expertise · Web Development · Database Development · Object Oriented Programming Technical Disciplines: Operating Systems Windows 2000, NT, 98, 95, HP-UX. Software Database: SQL Server 7.0 Case Tools: ERWIn, Rational Rose Programming Tools: Cold Fusion 4.0, ASP, HTML, XML, SQL Methodologies: UML, Jacobson's Use Case Configuration Management: Visual Source Safe Work Experience Jan. 2000 - Present Senior System Analyst, DCR July 1996 - Dec. 1999 Systems Programmer, Siemens Telecom Networks May 1998 - June 1996 Programmer, UCS Inc. Relevant experience · For a large telecommunication company, developed applications for automating their electronic bill of materials, 'using Cold Fusion with HTML and XML. Designed and developed the entire user interface. Developed the modules for database transactions. · For a large sign franchiser, developed a web application that allows the franchises to create customized web sites. Developed the stored procedures in SQL Server to encapsulate all the transactions. Used Cold Fusion 4.0 extensively with FuseBox as the programming standard. · Developed an online portal that provided information about cricket in the US. This was developed using XML, ASP and SQL Server and feeds from other web sites. As the SQL Server developer, Education and Certification · BS Mathematics and Computer Science with specialization in databases References Motorola Rajesh Tulsyani, 561-739-2979 Dua Computer Resources Inc. Reghu Kumar, 561--276-6838 PROPRIETARY INFORMATION OF DCR, 2002 10 PROPOSAL FOR COLLIER COUNTY 0 6c6 Summary of experience A Certified CMM Specialist with over planning of software applications. 14 years of experience in quality management, strategy and Areas of expertise · CMM Roadmap · Quality Management · Quality Review · Benchmark establishment Technical DisciPlines: Operating Systems: Windows 2000, CE, NT, 98, 95, Sun Solaris, Linux. Software Database: DB2, Sybase, SQL Server 7.0, Oracle Test Tools: SQA Team Test, Load Runner Programming Languages: Java, COBOL, CICS, C/C++, HTML, XML, SQL, PL/SQL, Shell Scripting Configuration Management: PVCS, ClearCase, Visual Source Safe Work Experience Jan. 1997 - Present QA Analyst, DCR June 1996 - Dec. 1996 Senior Consultant, CMC Aug. 1991 -May 1996 Systems Analyst, Tata Consultancy Services July 1987 -July 1991, Systems Analyst, Larsen & Toubro Relevant experience · Created the quality control and quality management plan for a Fortune 500 Security Service company. Developed the quality assurance standards -for all .web based applications. · Developed a V-Model of Verification and Validation that established guidelines for quality assurance of every deliverable and the scope for each phase of the project. · Developed the standards for system testing, stress testing, performance testing and benefits realization testing. · Over 10 years has been a hands-on test specialist with expertise in defect management, configuration management and revision and build management. Education and Certification · BS Computer Engineering. · Microsoft Certified Professional References Dua Computer Resources Inc. Reghu Kumar, 561-276-6838 11 PROPRIETARY INFORMATION OF DCR, 2002 pROPOSAL FOR COLLIER COUNTY i696 02-3356 5. REFERENCES DCR brings solid client references to attest to its past performance: Motorola Inc. 1500 Gateway Blvd., Boynton Beach, FL Technical as well as Contracting Officer: Rajesh Tulsyani, (561)739-2979 DCR designed and developed multiple apPlications to automate the workflow procedures for their engineering change management and electronic bill of materials. The applications were developed in August 1999 and DCR still has a maintenance contract for it. The team consisted of one project manager with two developers and one QA Analyst. Simi Enterprise Inc. 152-71 Jewel Ave, #147A, Flushing, NY-11367 President: Shafiq Jadavji, 718-261-5870 DCR designed and developed a web based portal about the cricket game in the United States. The portal has new feeds, interfaces to live scores as well as an administrative tool for the different teams and leagues to update scores and matches. The application was developed with one project manager and three programmer/analysts for this projeCt. Royal Carribean Cruise Lines 12506 Lake Underhill Rd., Orlando, FL Contracting Officer & Representative: David Solis, (305)539-6072 DCR designed and developed a web based B2B application that allows the travel agents and tour operators to create customized brochures and flyers for the consumers. The application also had an administrative tool that allowed th? agents to receive information about new ships, cruises and destinations. 6. CURRENT AND ANTICIPATED WORKLOAD _ DCR currently has resources ava/lable to be dedicated for this project. DCR will be able to dedicate the resources for any assignments that arise out of this contract. 7. OFFICE LOCATION .___. All the projects will be developed in DCR's office in Delray Beach, FL. 12 pROPRIETARY iNFORMATION OF DCR, 2002 pROPOSAL.FOR COLLIER COUNTY 02-3356 8. CoST PROPOSAL DCR's tYIS~cal hourly'~ates are as follows: TITLE Developers EIOURLY RATE RANGE $65 - $80 9. SUPP!~ENIENTAL INFORMATION DCR has not been involved in any litigation. The following documents have been attached: · Proposer qualification form. · Insurance requirements certification · Proposer's checklist · Proposer Declaration Statement. 13 PROPRIETARY INFORMATION OF DCR, 2002 P,_FP No. 02-3356 - Special Assessments System Programming DECLARATION STATEMENT 1696 FROM: Dua Computer Resources Inc. DATE DUE: May 3, 2002 ~ 3:00 p.m. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: RFP NO. 02-3356 - Special Assessments System Programming Dear Commissioners: The undersigned, as Proposer hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the work to be done. The Proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that the Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, without collusion or fraud. The services to be furnished by us shall be performed in accordance with the requirements of the Request for Proposal #02-3356 as issued by Collier County on April 12, 2002. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of this contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subScribed our names on this 1__ day in the County of Palm Beach in the state of Florida Dua Computer Resources Inc. Firm's Complete Legal Name May ,2002 Check one of the following: [] Sole Proprietorship [] Corporation or P.A. State of:Florida [] Limited Partnership [] General Partnership Phone No. 561-276-6838 FAX No. 561-276-8058 100 E. Linton Blvd., Suite 203A Address Detray Beach, FL-33483 City, State, Zip ~ritt~-nn Signature Title RFP No. 02-3356 Assessments System Progr~mm{ng Special 16g6 (Continued) Representative Contracts Completed During the Last Five Years: Year/Project Agency Contact Person- 2001 Motorola Inc. 2001 Royal Carribean Cruise Lines Raiesh Tulsyani, 561-739-2979 David Solis, 305-539-6072 2001 Simi Enterprises Inc. Shafiq Jadavii, 718-261-5870 List Major Work Presently Under Contract: % Completed Agency Contact Person 60% Collier County 70% Simi Enterprises Inc. 65% Lockheed Martin (IT (407)-466-5904 Rob'err Georqe, 941-774-8425 Shafiq Jadavii, 718-261-5870 Staff Au,qmentation)Kevin Weaver List Current Projects for Which Your Firm is Candidate for Award: Metadata Proiect, AutoNation Inc. National Accounts Application, ADT Secudty Systems Have you, at any time, failed to complete a project? Are there any judgments, claims or suits pending or outstanding by or against you? I-lyes [~no r--] yes [~ no If the answer to either question is yes, submit details on a separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: ! ) ) 02/19/2002 23:49 MZ FAX THE HARTFORD I-iARTFO~ ,,{CORD CERTIFICATE OF LIABILITY INS~CE February 20, 2002 ' ~u~ z10~5 ~TION ONLY~ ~ NO RI~S U~N Th~ ~ DO~ NOT ~, ~D OR~ T~g COVE~GE ~.~. ~ c~T~? ~D: 3~ S140~ MAY ~ B~ ~UC~ BY ~ ~S. Amy A~: policy Cxpir~g~ D~ 76WE.~4653 6-AUG.] Comb $iz~lc Bodily pmpcny II~ra~:(P~ Ac~dc~t): A{fliT~ptc: WC Smuuory Limim: B-L..~ach P-L Diac~e - BA De~cr~pt~ou u~opCr~lo~c~g~/vc~de~/zr, du~s adde~ by ~dor~cmenOsl~A~l ptovi~ioa~: BUS OF I~SD: COMP~ CONsULTiNG X $ $100,000 Rdcr~cg Numbe~ 0335-03AUG01 i 027217~?a2 ~ 16:49 ST[RLINF~ INSURANCE -> 276805g ' "' ..... 1606"! N0.975 ¢~TIFICAT~ OF INSURANCE The co,pony indicated below cert151es that the ldsurance af¢orUed by the po]lc~ or pollcles numbered ~nd described below is in force as of the ef?ectlve date does not amend, ex:end, or otherwise alter the Terms of this certificate. Thls Certificate of Insurance POlicy numbered and des'cri~ed Delow. and Conditions of Insurance coverage contained in any CERTIFICATE HOLDER: COLLIER COUNTY 8301 E TAMIAMI TRAIL NAPLES, FL 34112 INSURED: DUA COMPUTER RESOURCES. INC. lO0 E LINTON BLVD SUITE D~LP. AY ~EACN, FL 33480 J TYPE OF I~SURANCE LIABILITY £X] Liability and Medical Exp~n~e CX] Personal and Advertising injury ~edical Expenses ?ire Legal Liability Other Liability AUTOMOBILE LIAa/LITY POLICY NUMBER 'POLICY I POLICY J L~MITS OF LIABILIT? & ISSUIN~ CO. EFF. DATE JEXP. DATE J (*LIMITS AT INCEPTION) 77-PR-447236-3001 01-18-02 I 01-18-03 I NATIONWIDE I ~ Any One Occurrence ........ s 2,00O,OOO MUTUAL j j ~NSU~ANCE CO. ] I An~ One Person/Org ....... $ l J J ANY ONE PERSON ........... $ 5.8~ J J Any O~e Fire or Exp)osion J J General Aggregate~ ....... $ 2,gO0.O00 J- J Prod/Comp Ops Aggregate* $ 2.000.008 ?7-E~447236-30D[ J ~1-~8-02 I 01-~8.03 ) NATIONWIDE I ~UTUAL j j INSURANCE CD. I BUSINESS AUTO £ ] ~ned EX] Hired IX] Non-Owned EXCESS LIABILITY Umbrella Form 77-CU-447236.3002 I O!/1a-o2 I 01-18-03 Nationwide J I .Insurance Co. I I Bodlly Injury J ~-{Each Person) .......... {Each Accident).. ....... Property aamage (Each Accident) ........ Combined Single Limit .... I [ ] Workers' Compensation ] Employers' Liability 1.O00.O00 Each Occurrence .......... Prod/Comp Aggreg~t~~ ............. 3.OOO,OOO 3.OOO.ODO STATUTORY LIMITS 80OILy INjURY/ACCIDENT ... Bodlly Injury b2 Olsease ~ACH EMPLOYEE .......... $ Bodily Injury by Disease POLICY LIMIT ........... DESCRIPTION OF OPERATIONS/LOCATIONS B~SII~ESS AUTO COVERAGE IS INCLUDED IN BLANKET 2ROTECTO~ POLICY. YEHICLES/RESTRICTIONS/SPEC1AL ITEMS Effective D:te of Certificate: Date Certificate Issued: 0i-18-2002 02.21-2002 Authorized Representative: Countersigned at: T[RRY SGAMMATO 22g0 NW Boca Retort Blvd,(6 Life/Health/Home/Car/Ben. RFP No. 02-3356 - Special Assessments System Programming 16C6 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department PROPOSERS CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your proposal. Proposer should check off each of the following items as the necessary action is completed: 1. The RFP has been signed. 2. The RFP prices offered have been revieWed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. !f required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: · RFP Number; · RFP Title; · Opening Date 11. The RFP will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise RFP cannot be considered.) ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Dua Computer Resources Inc. Company Name '~at~e & TitlPeresident 5/1/02 Date 16C8 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 16C9 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 17, 2003 16D1 MEMORANDUM Date: To: From: Re: March 26, 2003 Jim Thomas, Athletics Supervisor Department of Parks and Recreation Teri Michaels, Deputy Clerk Minutes & Records Department Florida Dept. Of Education Division of Support Services Food and Nutrition Management - Summer Food Service Program For Children Agreement Enclosed please find two original agreements as referenced above, (Agenda Item #16D1), approved by the Board of County Commissioners on March 25, 2003. Kindly forward both agreements to the appropriate party for the required signatures and return one fully executed original to the Minutes and Records Department. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure 16D1 16El DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 16Fl MEMORANDUM Date: To: From: Re: March 26, 2003 Ken Pineau, Director Emergency Management Teri Michaels, Deputy Clerk Minutes & Records Department Ochopee Fire Control District Volunteer Fire Assistance Grant Application offered by The Florida Department of Agriculture and Consumer Services, Division of Forestry Enclosed please find one original document as referenced above, approved by the Board of County Commissioners on Tuesday, March 25, 2003, as Agenda Item #16F1. Kindly forward same to the appropriate person(s) for the required signature(s), and return one fully executed original to Minutes and Records. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure FLORIDA DEPARTMENT OF,AGRICULTERE AND CONSUMER SERVICES DIVISIONOFFORESTRY 1 6 F VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION ! LEGAL NAME FORM OF ORGANIZATION: (Municipal, Fire District, Non-Profit. Coun .ry) _ Collier County Board of ~ommi ~inn~ Ochopee Fire Control District ADDRESS. P.O. Box 25 iFCOUNTY, LIST VFD'S BENEFITI'NG FROM GRANT: CITY Ocho[~e STATE: Fl. ziP: 34141 COUNTY Collier COUNTY# EMPLOYER IDENTIFICATION NUMBER fErN) CURRENT COOPERATIVE AGREEMENT WITH DOF7 YES ~ NO IS FIRE{ DEPARTMENT LOC:\TED IN AN INCORPOR.&TED TOWlq') VOS DISTANCE OF CLOSEST MUTUAL AID FIRE DEPARTMENT: IF YES, NAME OF 1'O\\ .'N . Everglades NAME OF FIRE DEPARTMENT: POPULATION OF TO\VN 500 HAS APPLICANT RECEIVED GRANT FUNDS FROM ANY SOURCE IN PROTECTED ARE..\ EST FOPULATION 3~.000 SIZE it 1000 THE PAST 12 MONTHS.'? YES NO X IF YES, FROM WHERE: NUMBER OF FIREFIGHTERS PAID 12 VOLUNTEER 17 ~~ AMOUNT; $ '" NO OF INCIDENTS PAST YEAR WILDLAND FIRE OTHER ~ LIST TOTAL FUNDS RECEIVED FROM OTHER TAXING AUTHORITIES a ,' FIREFIGHTER I -,,]..0- SUCH AS CITY, COUNTY, TAXING DISTRICTS (Past 12 Months): NUMBER OF FIREFIGHTERS CERTIFIED -.~ WiLDLAND WILDLAND FIREFIGtITER Il ~ AMOUNTS LIST OF FIREFIGHTING VEHICLES: FYPE MAKE/YR.MODEL PUMP CAPACITY (GPM) WATER CAPACFFY fOAL.) ~ ~---f-h-~-PumL~ r 1992 OMC 500GPM 500 ~25 GPM 250 ~$S~c~r~Cumkper ~t:mnacottsdaleov~r !000 C?H ]Of)C) a anker )g8OG~lpuPmUmp~r ~g~cnevroleeZnternati°r~al -Harvesterwaro hae'rance ~330~-~ )g8© 1000 Gal PuMper 1977 glqC ' 325 GPN 1000 ESIIMAIED GRANT FUNDING REOUEST: LIST OF EQUIPMENT OR SUPPLIES TO PURCHASE W~H GRA ,NT FUNDS: NUMBER DESCRIPTION AMOUNT FEDisRAL s 2,. 115.00 ,xPPLIOxNT s 2~, 1J. 5. {Jo COUNTY $ NA INKINI) NA TOTAL $ 4,~230.00 ( Federal not more than 50% of total. Apphcant at least 50% or'total - up to 40% in - kind services and at least 10% matching funds.) We understand that tins ~s a 50 percent maxtmum cost-share program {Cooperative Forestry Assistance contrtbuuons u0 to 50 percent of the actual purchase price of the items approved will be committed to our p~j~t. TO T~ B~T OF MY KNO%~E~E AND BELIEF. ALL DATA IN T1 lis APPLICAT[ON ARE TRUE AND CORRECT. THE GOVERNING BODY OF THE APPLICANT HAS DULY A~HORIZED THIS ~UMENT, Txpe Name of Authorized Representative Title -' ,, ~ ' ,x e ~ ~ s T~lcpnone Num~ Tom Henn~n~ U County Att~ney ASSURANCES - NON-CONSTRUCTION PROGRAMS OMB Approval No. 0348-0040 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting Standards or agency directives. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Will initiate and complete the work within the applicable time frame after receipt of approval of lhe awarding agency, Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F,R. 900, Subpart F). Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (J) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 424B (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 10. 11. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally-assisted construction subagreements. 12. 13. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National 15. Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 16. program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (0 conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §[}7401 et seq.); (g) protection of 17. underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 16F1 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO.11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U,S.C, §§4801 et seq,) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. Will cause to be performed the required financial and compliance audits in accordance with the .Single Audit Act Amendments. of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Prolit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program, SIGNATURE OF~IJTHORI,,~ CERTIFYING OFFICIAL TITLE '"/. //~ _ ' _.--".].',,],'Ji,]'~''' ,,Collier County Board of Co~issioners " '~'" /~ .... ~'~ "~q , 1DATE SUBMI~ED A _.. ~ .; . . , · & ~ '~ ~ S~,~"~ ;t~ ~ 3-6-03 I Ap~bv~ as to form ~ ~1 sufficie~ ":'* ~.". ~';' ~': ,/? -':, ~ ~ ~ 16F1 Form AD- I047 U. S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017. Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register(pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. (Before completing certification, read instructions on reverse.) (I) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, thet~, forgery, bribery, fhlsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherxvise criminally or civilly charged by a'governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and (2) (d) have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for cause or default. Where the prospective primary participant is unable to certify to any &the statements in this certification, such prospective participant shall attach an explanation to this proposal. ORGAN[Z I TI(]N ~IMI:' Collier County Commissioners Board of ' Ochopee Fire Control District ~.t~lE .l:¥l) TIH.E OI:,,IL~IOR~ED R~SE~A~ Tom Henning, Chairman [CNA 7 URE J Approved as to form & Jog~l sufficiency /i I CruJnt.v'Attc~n-ev - Form AD- 1047 ,'t/9~ t~EvERseJ INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will b~ considered in connection with the department or agenc>~s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. ]'he certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to 'other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Thc terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person ~vho is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this form that it will include this clause ~illed "( ',~6ficmion Re$,rding I')ehn[me,t. Suspension. Ineligihility and Voltmt~ry Exclusion - Lower Tier Covered Transactions," provided by thc department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of' its principals. Each participant may, but is not required to, check the Nonprocurement List. Nothing contained in the foregoing shall be construed to require establishment ora system of records in order to render in good faith the certification required by this clause. The knowledge and information ora participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course or business dealings. I O. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or vohmtarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or defindt. 2 83/18/2883 03:2~ BTB-5BO-080~ C L C~DE~ P~6E 81 C.L. Carder & Associates 4~70 Creek Haven Drive Marietta, Georgia 30062 678-560-0801 Phone 678-560-0802 Fax e-mail: 16Fl Request For Quotation Date: March S, 2003 To: Chief Wilson Ocbopee Fire Reacue Item Oty Description Unit Unit T~fltl Coat I 20 ea. 1" x SO FL'Section; Sp~' 187 H(Me; NH I -" S 1,240.00 2 8 ea. I ½. x SO ft. Section; Spec 187 Hose; I $ S85.00 NH 3 2 ea. TIT AYLN-ND 1.5" NH x I' x 1" I S 482.00 Gated Wye 4 2 ea. Forestry Hose Clamps I S 8S.00 S 4 ea. BGHI25F TFT Ultimatie I $ 2,205.00 10 - 100 gpm ~ 7S psi ELITE Fire & Safety Equipment, Inc. 3573 Enterprise Ave. #64 Naples, Florida 34104 1-941-643-4140 1-800-643-4104 FAX E-Mail: elitefoam @ aol,com Website; www. elite-fire.com 16Fl QUOTATION Date: 03/06/03 TO: Chief Paul Wilson Ochopee Fire District Salesperson - Jeff Benker Fax - 239-695-3473 Niedner Spec 187 1" X 50' NH AYLNF-ND 1.5"NH x 1" x 1" 1125F T.F.T. Ultimatic 10-100 GPM ALL QUOTES VALID FOR 30 DAYS TOTAL Specializing In: Brush Trucks, Ambulances, Fire Fighting Equipment, Foam & Wildlife Equipment 24 HOUR EMERGENCY FOAM SUPPLY 1-800-432-FOAM (3626) 03/06/2003 THU 15:25 FAX 6182516020 BANNERFIRE FAX ~001 FIRE APPARATUS, EQUIPMENT, & SUPPLIES~ 4601 HEDGE ROAD EAST ALTON, IL 62024 888-BAN-FIRE(226o3475) / FAX - 618-251-6020 Bill To: Ochopee Fire District Chief Paul Wilson 6Fl DATE 3/6/2003 Quotation # 306 Customer ID Quotation valid until: 4/4/2003 Prepared by: Michael J. Benker Comments or Special Instructions: FOB East Alton, Description AMOUNT I 1(20) 50ff Igts Niedner Spec 187 1 "hose, cpld NST 1,100.00 1(8) 50ft Igts Niedner Spec 187 1.5" hose, cpld NST 544.00 (2) Task Force gated wye, 1.5" x (2) 1" NST 478.00 (4) Task Force BHH125 Automatic nozzle, NST 2,236.00 (2) Forestry hose clamps 159.90 TOTAL $ 4,517.90 If you have any questions concerning this quotation contact: Mike Benker, 888-226-3473/mikeb@bannerfire.cor THANK YOU FOR YOUR BUSINESS! 1611 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 25, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: Districts: The Ochopee Fire Control District Advisory Board - Minutes for January 13, 2003. Minutes: Pelican Bay Services Advisory Board - Agenda for March 5, 2003, Minutes of February 5, 2003. Collier County Planning Commission CORRECTED Agenda - March 6, 2003. 3. Collier County Library Advisory Board - Agenda for February 26, 2003. 4. Development Services Advisory Committee - Agenda for March 5, 2003. 5. Collier County Citizens Corps Advisory Committee - February 20, 2003. Other: 1) Collier Park Commerce Owner's Association -Notice of Annual Meeting of Members April 1, 2003, Minutes of December 13, 2002 H:Data/Format THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD MEETING HELD JANUARY 13, 2003 1N THE FIRE CHIEF'S OFF[CE AT TIlE EVERGLADES FIRE STATION 1611 In attendance were the following: Paul Wilson, Fire Chief David Loving, Chairman, Everglades City Advisory Board Member Kern Omer, Chokoloskee Island, Advisory Board Member John Pennell, Plantation Island, Advisory Board Member NEW AIR SYSTEM: Chief Wilson said, as you may not be aware of it the air system were down that we fill our bottles with. We went to an emergency purchasing process through the County we picked up a new air system it is installed and running for $25,000. David Loving said is this the one we talked about possible rebuilding a while back. Chief Wilson said the rebuild was impossible because we were not able to get the parts. NEW COMMAND VEHICLE Chief Wilson said we call it the new command vehicle but in actuality it is our FEMA truck. It was purchased through the reimbursement that came in as I reported earlier. The vehicle was ordered it came in and it's currently getting red lights, sirens, radios and stripe packaging all of that stuffdone to it. It should be seen out and around here next month. Kent Omer asked if the County shop does all of il. Chief Wilson said the County shop does part of it Elite Fire does part of it. P~el 1611 PERSO-NNEL PAY ADJUSTMENTS Chief Wilson said a discrepancy was up between Robbie and Josh Grimm about the difference in pay. So we had HR look into it. It came out that everyone was getting over paid. The hourly rates were wrong they showed them where it was then they cut the PARS and Personnel were adjusted back. Currently there is the position of the union to try and take it back to where it was before the pay adjustment to bring them into their annual salary. That is an on going thing and I will be bringing you up to date as it pans out. OLD BUSINESS None. NEW BUSINESS David Loving asked about the Seafood Festival. Chief Wilson said we will be ready for it when it comes. David Loving may be another check coming out. Chief Wilson said he is not sure what Tommy has got worked out. They have waited so late to do anything. A motion was made to adjourn the meeting and was passed. o~l~pee°.F~e Contrary Board Page 2 Fiala - Halas Henning - 1611 .. · GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive · Suite 605 · Naples, Florida 34108 · (239) 597-1749 · Fax (239) 597-4502 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY, MARCH 5, 2003 at 3:00 P.M. AGENDA 1. Roll Call 2. Approval of the Minutes of the February 5, 2003 Regular Meeting 3. Discussion of the letter to the Board of County Commissioners regarding Cap d'Antibes 4. Sub-committee Reports Clam Bay Sub-Committee Clam Bay Annual Monitoring & Improvement Schedule Current Improvement Program Hydrodynamic & Water Level Monitoring Dune Restoration Seagate Culverts Beach Renourishment Project 5. Administrator's Report Capital Projects U.S. 41 Berm Irrigation & Landscape Improvements Nature Signs U.S. 41 Median Landscaping Community Issues Sidewalk Overlays and Repairs Pelican Bay Services Division Board Member Election Timetable 6. Committee Requests Review of article for Pelican Bay Post - James Carroll 7. Financial Statement Review 8~ Audience Participation 9. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT 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. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE~MEETING.. MINUTES PELICAN BAY SERVICES DIVISION BOARD MEETING February 5, 2003 Naples, Florida 1611 LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, February 5, 2003 at 3:00 P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Lou Vlasho (Chairman)(Absent) Mr. Joseph Bawduniak Mr. Thomas Brown (Absent) Mr. James Burke Mr. James Carroll Mr. John Domenie (Absent) Mr. Glen Harrell Mr. David Roellig Mr. Edward Staros Mr. Christopher Sutphin Mr. George Werner ALSO PRESENT: Approximately fifty-two (52) Pelican Bay residents; Mr. Kyle Kinney, President, Pelican Bay Foundation; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 1. Roll Call 2. Approval of the Minutes of the January 9, 2003 Regular Meeting 3. Sub-committee Reports Clam Bay Sub-Committee Clam Bay Annual Monitoring & Improvement Schedule Current Improvement Program Hydrodynamic & Water Level Monitoring Dune Restoration Seagate Culverts Beach Renourishment Project 6. Administrator's Report Capital Projects U.S. 41 Berm Irrigation & Landscape Improvements U.S. 41 Median Landscaping Bid Review Tram Pass Berm Landscape Improvements Community Issues Sidewalk Overlays and Repairs Beach Raking Program Pelican Bay Services Division Board Member Election Timetable 7. Committee Requests 8. Financial Statement Review 9. Audience Participation 10. Adjourn ROLL CALL Mr. Carroll called the meeting to order and asked that the record show Messrs. Tom Brown, John Domenie and Lou Vlasho with excused absences. APPROVAL OF THE MINUTES OF THE JANUARY 9~ 2003 REGULAR MEETING 5122 Pelican Bay Services Division Board February 5, 2003 1611 Page 5103, line 8, "$10.00" should be changed to read "$100.00". Mr. Staros stated, "1 left the meeting ten minutes early last month, so when I approve the Minutes today I am approving everything but the last two pages, which is what occurred after I had left the meeting". Mr. Bawduniak moved, seconded by Mr. Werner and approved unanimously the Minutes of the January 9, 2003 regular Meeting. CAP D'ANTIBES Mr. Carroll asked, "How many in the audience are in attendance to discuss the Gulf Bay/Cap d'Antibes condominium? There were a few individuals in the audience with a show of hands. Mr. Carroll stated, "1 wou'ld like to ask for your comments, but before I do I am going to make a couple of comments regarding the Cap d'Antibes issue as far as this Board is concerned". We operate under an Ordinance and I would like to comment that if we are going to do something outside of what the Ordinance authorizes us to do, we have an obligation to go through the County Attorney and ultimately to the Board of County Commissioners. If we are to prepare a Resolution, then we will need to follow that process. I would like to ask for any comments on that subject since many of you were here last month when this issue was discussed and I am sure there has been more thought given to it. I will then ask the Board to discuss the issue and at that point we will make the decision as to where we should go from here. If the decision is to prepare a Resolution there will be a certain process that we will have to follow. Dr. Raja - St. Raphael -"1 addressed this Board two meetings ago when I brought the Cap d'Antibes plans and problem to your attention". At that time I had the sense of a rather unified interest on this Board to do something about it. I had understood that you would want to draft some kind of a comment and I had taken the liberty of framing a letter that I thought would reflect what this community would like to receive from the Board. There was a problem at the last meeting and the letter was left with Mr. Ward and Mr. Vlasho, who indicated he had an interest in it and that it would have to be passed through the County Attorney. It was my understanding, my 5123 Pelican Bay Services Division Board February 5, 2003 1611 misunderstanding I guess, that this Board would approve the letter with the verbiage that was drafted, but apparently a letter has already been sent. I saw the letter, which explains what you do and totally ignores the fact of what you may have done as a resident of Pelican Bay, if you knew prior to this site plan being approved, about a building that is going to be introduced that would be 650 feet long. I am very cognizant of the Ordinance and your responsibilities, but I still feel that this Board should be representing the community to the County and not representing the County to the people in Pelican Bay. I am not asking you to do anything that you are not supposed to do. The letter I had drafted acknowledged the fact that you had absolutely no authority to do anything about this, but you still must be able to form an opinion about this issue. All we wanted was your opinion prior to May 2001 when this site plan was approved. We had an opportunity to do something before the site plan was approved and unfortunately we lost that opportunity, but we can use your help now in rectifying that situation. Mr. Sutphin stated, "1 think that how I feel as an individual is very different than how I feel that this Board can and should act". I see from reading the Pelican Bay Post that this issue is now headed for the courts. I believe that Dr. Raia is one of the spearheads behind going to litigation and I feel that for this Board to take a position on an issue that could end up in the courts is certainly not within our scope of responsibility as a Board and could subject this Board, jointly and individually, to legal liabilities that I am not prepared to support without a firm recommendation from the County Attorney that it is appropriate for us to do so. Mr. Bawduniak stated, "The letter of January 23fd that Dr. Raja referred to was very appropriate and legal because it did delineate just what we had approved, which was certainly a lot less than what I might have surmised from the initial correspondence that said we had approved it. The Pelican Bay Foundation evidentially has no questionable legal say in this and we have no legal say. However, the Foundation wrote a letter of general support for the residents. I personally feel that this Board is capable of writing a similar letter. I will read a letter that I drafted that I am going to make a motion that we send. I don't feel there is a legal liability because we have no legal standing here and this is just an opinion of one Board supporting a group of citizens, which I think we have a right to do and I believe that we should do. 5124 Pelican Bay Services Division Board February 5, 2003 "The Board of the Municipal Services Taxing and Benefit Unit strongly opposes the current plan for Cap d'Antibes, the Waterpark Place high-rise being considered by Gulf Bay. The proposed twin towers, joined by a massive structure near the base, would result in a 650-foot wide building. ("The liability there is fact in the plan") This structure would fill much of the available space between the existing St. Laurant and St. Raphael buildings. This constitutes a significant change from the original work plan for Waterpark Place ("Again, fact") and a violation of setback requirements established by the PUD. If implemented, the proposed change to the original plan would substantially change the nature of the neighborhood ("1 will add the word "could" here, which was not here before") and could adversely affect property values in Pelican Bay." Mr. Bawduniak continued, "1 am recommending this letter be signed by the Chairman of the MSTBU on behalf of the Board". This letter has no legal standing, but what it does say is that one of the three bodies concerned with the government in Pelican Bay says we are with you, we have looked at the plans and we agree that this is a monstrosity. Mr. Staros stated, "1 feel that is a great letter, however, I feel it might be prudent to have the letter passed through the County Attorney". We are not lawyers and do not know the dotting of the 'Ts" and crossings of the "T's" and anytime 1 write a letter that might have the slightest bit of liability I always send it to my attorney for him to dot the "l's" and cross the "T's". This should be done just to get a better letter and not with the intent of changing the content of the letter. Mr. Burke stated, "1 would support the letter, but I want to add that if it has to go to the County Attorney, then it probably should, but if he comes back and says no, I would disregard that". I attended the Town Hall Meeting a week ago, which was attended by Mr. Schmitt, the Community Development Administrator for Collier County. I could see the wagons being circled and you could hear the cowboys whooping. If you send it to the County Attorney, can guarantee you that it is going to come back that you are appointed by the County Commission and we do not recommend that you do this. Mr. Burke continued, "In talking with Dr. Raia and others I have gotten into this pretty deeply and I believe we have to make our opinion known, even though it has no legal status. I believe we have to follow the Foundation's lead and send a letter. 5125 Pelican Bay Services Division Board February 5, 2003 1611 Mr. Werner stated, "1 had lunch with a fellow today who was formerly employed by Mr. Ferrao". He was telling me the story that back in the early days of Pelican Bay there was supposed to be a Stratford I and Stratford II and the person who was to build the Stratford II filed bankruptcy, so Mr. Ferrao bought the property. Mr. Ferrao proceeded to build his high-rise where it partially blocked the view of Stratford I and the residents started complaining and sending letters threatening legal action. What Mr. Ferrao did, and you might look forward to this also, is that Mr. Ferro sent each of them a Certified Letter, to their northern and Pelican Bay addresses, informing them that they would each be sued jointly and individually for $110,000,000, or whatever the revenues were expected to be from that building. That is what you are dealing with and obviously the residents did not follow through with the suit. Mr. Bawduniak stated, "1 do not like writing letters, I did enough of that in the corporate world, but what I did do before this meeting is go back and review the Minutes from the last three months and it was very clear that we all agreed that there is a problem, we should share the input that this does not meet our common standards and I got the sense that we should "put our money where our mouths are". We have all said this is wrong and it is time to write something, even though it has no legal standing, that shows our commiseration with the situation going downhill. Mr. Harrell stated, "This is an area where the residents want us to do this". As a commercial person this is a very sensitive subject to both Mr. Staros and me and we both sit here from a different perspective in that we don't live here. Our view centers around what affects us and this is clearly not affecting us one way or the other, but it does affect the people in this room and in this community, so I am supporting the letter. I am very nervous about being sued, but I believe I can be okay with that one. Mr. Roellig stated, "Unfortunately, I am on the side that the letter should go to the County Attorney and I believe we are going to be disappointed". If you want to do something quickly, the individual Board members should write letters on their own, rather than the Board coming up with some kind of a Resolution. Mr. Carroll replied, "That sounds like a cop-out to me". I don't find anyone on the Board not agreeing with what Mr. Bawduniak or the Foundation has written. We are dealing more with 5126 Pelican Bay Services Division Board February 5, 2003 161 1 what is the procedure we can follow to avoid a lawsuit or whatever and that is of concern to some of us. I am not quite with Mr. Burke in taking the chance and ending up with that kind of a problem without at least proceeding through to the next step. Mr. Carroll continued, "1 would suggest that Mr. Ward and I go to the County Attorney with Mr. Bawduniak's letter and get his first sense". I believe we are predicting a negative reaction and we may be presumptuous in that there may be a way for the letter to be worded that would avoid the potential lawsuits. That is what I would like to see. I also believe we have an obligation to go to our Commissioner and alert him as to how we feel. I understand his position from the meeting, but we should alert him as to how we feet and what we want to do. Based on what we get from the County Attorney and our Commissioner, at our next meeting we can make the decision of where we want to go. We can frame a letter very quickly and see if we can get some useful input and bring it back to the Board at the next meeting. If that input is not what we like, we won't have to deal with how we go forward. It appears quite risky for us to move forward with the County Attorney telling us that when we are elected we could get sued for $100,000,000. Dr. Raja asked, "Are they going to sue the Foundation"? Mr. Werner stated, "1 was just telling you a story of what I heard at lunch". Nobody is saying they are going to counter sue anybody that proceeds with this issue, but that is what has been threatened in the past. Mr. Carroll stated, "1 would also like to make the point that the Foundation is in a different position than we are". The County Commissioners appointed us and we have an obligation to go to them with any action that we are going to take that is outside of our Ordinance. I believe the Foundation is much less likely to be sued than we would be, but we are going to find out how the powers-that-be in our hierarchy are going to position themselves. Mr. Carroll stated, "1 would like the Board's reaction to my proposal that Mr. Ward and I take Mr. Bawduniak's letter, wordsmith it and get it to the County Attorney for his reaction". Mr. Ward, you mentioned that you were going to try to get the County Attorney's reaction and have you received a reply? 5127 Pelican Bay Services Division Board February 5, 2003 1611 Mr. Ward replied, "Yes, I received a reply last evening". I have read the Memorandum that came from the County Attorney's office with respect to this issue. I believe what Mr. Bawduniak has proposed is somewhat different than the Request for Legal Services (RLS), which is used internally to ask for legal opinions. Your request is appropriate if you would like to have some sort of a letter prepared. We can redraft Mr. Bawduniak's letter and send it on to the County Attorney's office to see what their feelings are on this issue. The possibility of being sued is a very real possibility in this business, so the concept of asking the County Attorney is a good one. Mr. Carroll asked, "Mr. Ward did you say that you have an initial reaction which was that you are going to be sued, or there is a way to put these words together"? Mr. Ward replied, "In this sector there is what is called a "Reasonable Objective Standard" under the law that indicates that if a governmental body has knowledge that it does not have the authority to act on a matter that appears before it for whatever reason and it takes some action that would adversely affect that project, they do subject the agency and themselves individually to action in court that may result from the actions that they took. In Florida we have relatively strong Private Property Rights and as a result of that the courts have generally indicated that there is some liability by governmental bodies in the event that you take an action that adversely affects another's private property rights. In this instance, the County Attorney's office has opined that the contemplated action appears to be beyond the scope of authority afforded to the Board. Most, if not all, of the complained actions relate to the County's review and approval of zoning regulations and site development plans. The Board's functions, referring to your powers and duties as well as those of the Division, do not include the review of such matters. The County Attorney then goes on for two or three pages to talk about the legal consequences of that particular action. I received this opinion last night and did not feel it was appropriate to go through all of that with you today, but I would suggest that if you feel you want to do some sort of letter that we provide that to the County Attorney's office and allow him to provide you some guidance with respect to what it is you want to accomplish at the Board level. 5128 Pelican Bay Services Division Board February 5, 2003 Mr. Bawduniak asked, "Can we initiate a disclaimer acknowledging that we have no legal standing in this issue and say that while we operate within the County, it is our consensus that this would adversely affect our neighbors? Mr. Ward replied, "1 believe we can ask the County Attorney's office that question". The standard in the governmental sector on public agencies is much different than what a private homeowners association or condominium association may or may not choose to do. I am not sure I know the answer to your question, but I believe it is a good one and we can ask the County Attorney for his opinion. Mr. Roellig asked, "Part of the controversy is the entrance to Cap Ferrat and do we want to include that as part of the letter"? Mr. Carroll replied, "That is a separate issue". Mr. Roellig replied, "1 understand that, but it is the same developer". Mr. Carroll stated, "We need to keep those issues separate". We have enough on our plate with this one. If this sets some type of precedent, we may be able to go back. The entrance has already been completed where Cap d'Antibes has not and there is a window of opportunity to affect it. Mr. Staros stated, "It might be prudent to ask the County Attorney to help us draft the appropriate language rather than just asking if he approves the letter, it is easy for somebody to say no". It is a little harder to say no the letter is not appropriate, if he is asked to help us wordsmith a letter that is appropriate. Mr. Werner stated, "You need to draft a letter that those on the Board who feel comfortable with will sign and those who are not don't sign". I don't want it represented that the Board unanimously did or did not approve the letter and I want the option of opting in or out of signing any letter that might materialize. Mr. Carroll stated, "That is not a problem". I don't believe we would do anything under the assumption that this was a unanimous decision. Mr. Sutphin explained, "1 seems to me that I like the tone that is factual, but the implication is that the County Planning Commission did something wrong which resulted in this 5129 Pelican Bay Services Division* Board February 5, 2003 controversy". I believe that if we are going to write something that is within the scope of our purview as an arm of County government, it should be directed towards the Commissioner's reviewing the decision made by the Planning Commission if they feel it is appropriate doing something about it. Anything outside of that gets into the area of public protest heading towards litigation. Mr. Burke stated, "1 have a real problem with operating under fear if we have an opinion on something and we are going to be sued". I am sure that is right, but it is a lot of "governmentese" talk to me. If it happens that would be bad, but what is wrong with delivering the message? We have no legal status, it is not our venue to review these plans, but we represent the citizens of Pelican Bay and like them, we do not like the appearance of this project. Don't accuse anybody of anything, because that is what they believe we are doing. No accusations, we just don't like it and just express that opinion. Mr. Carroll stated, "If we don't like the answer we get or one we can't deal with, we may end up having to deal with it as individuals". We are trying to do this as a Board and unless we get the right kinds of answers we may be back working as individuals. Mr. Ward and I will take Mr. Bawduniak's write up to the County Attorney. Dr. Raia asked, "Is the letter that you drafted part of the Minutes"? I would be satisfied if you would draft the letter that you feel should be drafted and send it to the County Attorney and also allow us to have the response from the County Attorney. At that point you have done what you can do and this is the County's response to what you were trying to do and nobody is on the spot for anything. At least the people know that you took a position and know where the problem is. I have been dealing with our County Commissioner and the Director of Community Affairs and I know what the County Attorney is going to tell you. We don't want to sue anybody. We don't have to go to court, but the only way to avoid that is to roll over and let this 650-foot building go up. Talk about property rights, we all own property in Pelican Bay and we are trying to protect our rights. That is all we are trying to do. Mr. Carroll asked, "How do we make Mr. Bawduniak's letter a part of the Minutes"? 5130 FebruaryPelican Bay Services Division Board5, 2003 ~1 1 Mr. Ward replied, "It already is". When Mr. Bawduniak read the letter it became public record and part of the Minutes of our meeting. Mr. Roellig asked, "Do we need a motion to send the letter to the Attorney"? Mr. Ward replied, "No". TRAM PASS BERM LANDSCAPE IMPROVEMENTS Mr. Werner stated, "There were only one or two people who raised their hands at the beginning regarding the Cap d'Antibes discussion". Is the balance of the audience here for the Tram Pass Berm Landscaping issue discussion? The reply from the audience was that they were there for the discussion on the Tram Pass Berm Landscaping issue. Mr. Wemer asked, "Can we go to that issue next Mr. Carroll"? Mr. Carroll replied in the affirmative. Mr. Carroll explained, "At the last meeting we said that the Board had not had the opportunity to address the tram berm landscaping issue and it had been placed as a budgeted item without having had a chance to deal with it at all". We asked the Manager to prepare some alternate plans and studies so that we could be brought up to date and be able to consider other alternatives. Mr. Ward has done just that and we have received copies of four different alternatives as part of our Agenda Package. I should mention that these four alternatives run from bare minimum to fairly exotic. On the minimum side you need to think about our obligation or responsibility for maintaining the berm. If the berm is washing away or experiencing structural problems, which might result in the tram not being able to operate properly, we obviously have to respond to that situation. At a minimum you should think about the fact that we do have a maintenance responsibility, so I would like Mr. Ward to start at one end to explain our alternatives. Mr. Werner stated, "1 don't know if anyone on the Board feels strongly one way or the other". We have a petition with one hundred twenty-eight (128) signatures in front of us and everybody I have talked with, with the exception of one lady, does not want to see us do any landscaping on the berm. They want to see the berm remain natural and I would just assume 5131 Pelican Bay Services Division Board February 5, 2003 1611 that if the rest of the Board concurs, that we don't go through the presentation. If there is a minimum maintenance presentation that we have to do, let's hear it, but as far as landscaping the berm 1 haven't found any support for it. Mr. Bawduniak asked, "Mr. Werner do you want to make a motion to cease and desist on all efforts on this project"? If not, I will make the motion. Mr. Werner replied, "1 would rather you make the motion". Mr. Roellig stated, "We should recognize that we may need another plan because there are a lot of side slopes along the berm that need work". Mr. Bawduniak asked, "When you walk along the berm are you seeing spots of erosion"? Mr. Roellig replied, "Lot's of them". Mr. Bawduniak stated, "It has been nine or ten years since anything has been done". Mr. Roellig stated, "You are occasionally going to have to shape the side slopes on the berm and I would like to see us come up with a plan for side slope maintenance and some appropriate vegetation". Mr. Carroll asked, "Mr. Ward, in your minimum plan you did indicate that it was probably desirable to irrigate those slopes"? The way we are discussing this now we would do nothing except reshape the slopes if they started to wash away. Can you make a case for irrigating those or do we take the chance without it? Mr. Ward replied, "History tells me that the berm was constructed roughly during 1979 and periodically during that twenty year period some side slope maintenance was required and we did re-sod it with Bahia sod, without irrigation, at one point in the early 1990's. At this point in time most of that Bahia sod has since died and washed away. I guess the answer to the question is if you don't mind doing that maintenance periodically throughout time, you can do it either way. Irrigation will just help maintain the side slope, however if you don't want to do that I don't have a strong opinion about that issue and we will just continue to maintain it the way we have been for the last twenty years. Mr. Sutphin asked, "How many years worth of maintenance would it take to equal the cost of irrigating the berm"? Is there any economic justification for irrigating the berm? 5132 Pelican Bay Services Division Board FebruarY 5, 2003 1611 Mr. Ward replied, "The overall cost, including the side slope irrigation and Bahia, was approximately $150,000". Mr. Sutphin asked, "How much have we spent over the last twenty years with maintenance"? Mr. Ward replied, "We spent approximately $100,000 in 1992 or 1993 in going through Systems III and IV in re-sloping and sodding that area". That is approximately what we have spent during the past ten years. Mr. Sutphin asked, "If you had to justify the cost of irrigation as a cost reduction, could you do so"? Mr. Ward replied, "1 don't think so". Mr. Carroll stated, "It does not sound as if there is any case for irrigating the berm and all we are talking about is maintenance and if we did it ten years ago we may have to do it next month, but that does not appear to be a big cost". Mr. Bawduniak moved, seconded by Mr. Sutphin and I approved unanimously that the project for the Tram Pass ~ Berm Landscaping be reduced to simple maintenance of ~ sod to prevent erosion if necessary and the other ~ alternatives which have been presented for plantings be ~ discontinued and nothing be done to the berm. SUB-COMMITTEE REPORTS CLAM BAY SUB-COMMITTEE Mr. Roellig reported that a Clam Bay Sub-committee Meeting was held on January 14th and a number of items were discussed. The Minutes are included in today's Board Agenda Package. SEAGATE CULVERTS Mr. Roellig stated, "One item which was discussed at our meeting was having an analysis of the flow data that was collected at the Seagate culverts". At our December 4th Board Meeting a Resolution was passed to spend up to $2,000 to analyze the data that has been collected. Since that time we have received a proposal in the amount of $4,100 from our engineering firm, Humiston & Moore, for that data analysis. The Sub-committee was provided a presentation on 5133 Pelican Bay Services Division Board February 5, 2003 the need to get that data analyzed to see how much flow we are getting. I have been out to the culverts several times and there appears to be a very high flow. Since the data has been collected over several tide cycles, I believe we need to receive the information to find out exactly what the flow is coming in and out of Clam Bay. Mr. Carroll asked, '~/hat is the difference between the $4,100 Proposal and the $2,000 that was approved by the Board"? Mr. Roellig replied, "The $2,000 was an estimate that we used". The proposal that was submitted by Humiston & Moore and approved by the Sub-committee was for $4,100. IIMr. Roellig moved, seconded by Mr. Werner and approved I~ I unanimously that we proceed with the Humiston & Moore I~ I analysis of the data obtained at the Seagate Culverts at a I~ [ cost of $4,100. j Mr. Wemer stated, "In Mr. Riley's Report he said that one observation he had was that the system is being transformed from a red and black mangrove system to a white mangrove system". The Sub-committee asked the two Turrell & Associates representatives if they could provide us the implications of this change, but they were unable to provide us with a good answer. I believe Turrell & Associates was asked to provide us with a short analysis of this implication. Have we received that analysis or followed up to get them to provide us that analysis? Mr. Roellig replied, "1 have not received it". Mr. Ward stated, "1 know they are doing some work on it, but I have not received a response to your question". Mr. Werner stated, "1 feel as you do, it is green". The Sub-committee wanted to make sure that there were no other implications. Mr. Carroll asked, "Mr. Ward, are you going to get a report on that issue from Humiston & Moore"? Mr. Ward replied, "Yes, the Sub-committee had previously requested that information and as soon as I receive it, that will be the next item on your agenda". BEACH RENOURISHMENT 5134 Pelican Bay Services Division Board February 5, 2003 1611 Mr. Roellig stated, "At our Sub-committee Meeting we were looking at planting Sea Oats and having to decide whether or not they needed to be irrigated". Have we decided that the Sea Oats need irrigated? Mr. Lukasz replied, "No, they can be planted without irrigation and will be planted within the next thirty (30) days". ADMINISTRATOR'S REPORT CAPITAL PROJECTS U.S. 41 BERM IRRIGATION & LANDSCAPING IMPROVEMENTR Mr. Ward explained, "As you can see, the landscaping along the U.S. 41 berm is going very well". We are removing the exotics and that is why you see a ton of materials coming out. The irrigation system is in the process of being installed and we will finish up with the landscaping as soon as the exotics are removed. U.S. 41 MEDIAN LANDSCAPING BID REVEIW Mr. Ward explained, "The U.S. 41 Median Landscaping Review was deferred from your last meeting". Mr. Carroll stated, "We, on this Board, have had the bid comparisons on this project for a couple of months". I would like to entertain a motion that we go ahead and approve the project and then discuss it in more detail if we wish to do so. Mr. Roellig stated, "More than five years ago the Pelican Bay Property Owners came to this Board with the proposal to landscape the median along U.S. 41". The Property Owners agreed to come up with a plan and over the years we have moved this along as quickly as we could, but it was held up for a long time due to the construction of U.S. 41. We have gone through the bidding process and this issue has been discussed by this Board dozens of times and I feel very comfortable in moving forward with the work. Mr. Sutphin asked, "Is this motion the opposite of the motion that I made last month"? Mr. Carroll replied, "Yes it is". Would you like to withdraw your motion? Mr. Sutphin replied, "Yes I will withdraw the motion that I made at the last meeting". That motion was made after a long frustrating day and the purpose of the motion was to force a vote. I don't have a problem with the bidders, the problem I have is with the design, which is probably 5135 Pelican Bay Services Division Board February 5, 2003 too late to get into. I believe we are paying an inordinate amount of money to landscape the very thin areas where there are left turn lanes. In fact, them are only three or four discreet islands that if landscaped properly would present the aesthetics that I think the residents are looking, for at a significantly lower cost. I withdraw my motion. Mr. Burke asked, "Are we receiving $75,000 from WCI for Phase I1"? Mr. Sutphin replied, "Yes and I would hate to not take money from WCI". Mr. Carroll stated, '~/e received $75,000 from WCl for Phase I and WCl has committed to contributing $75,000 for Phase 11. The net cost to us is approximately $175,000, which is approximately what we paid for the south section, because the County paid for half of that section. The County will be doing the maintenance, which was the main and very critical objective. Mr. Bawduniak stated, "1 have to agree with Mr. Sutphin". The project costs just look a little out of proportion with what we spent on the south side, but with $75,000 being contributed it is a lot more palatable, so there is no reason to delay it. This project has been around for five years, so let's finish it. Mr. Werner stated, "You can't be deceived by the total". One thing they took out of the total on the first section was approximately $72,600 and this bid is approximately 46-1/2% less than the price for the first section. Mr. Bawduniak stated, "1 went over the bid item-per-item on a per foot basis and we can argue for and against that". There is one selection of trees that is at $.09 per foot. If you keep going through and picking item after item, you can say there are a lot of things we don't have to do which would bring the price down. With the $75,000 contribution thrown in that is softened. Mr. Werner stated, "Remember one of the big delays in this project was getting the landscaping plan approved by the State". If we change that plan, you are going to delay it another year or so. Mr. Werner moved seconded by Mr. Roellig and approved unanimously to move forward with the U.S. 41 median Landscaping Program'; 5136 Pelican Bay Services Division Board February 5, 2003 1611 COMMUNITY ISSUES SIDEWALK OVERLAYS AND REPAIRS PELICAN BAY SERVICES DIVISION BOARD MEMBER ELECTION TIMETABL F Mr. Ward stated, "You are already aware of the sidewalk overlays and obviously you have already received your election ballots in the mail". That election process is currently ongoing. BEACH RAKING PROGRAM Mr. Ward explained, "With regard to the Beach Raking Program that we currently have ongoing in Pelican Bay, that program is a two part process". One is what the Division currently does in terms of raking the beaches on a weekly basis and picking up trash and debris. That program is currently ongoing and will continue to be ongoing. The second part is that you may recall that a couple of years ago the County bought a number of large beach rakes to be used on the countywide beach program. We had entered into an agreement for the County to do some beach raking on a periodic basis, essentially every six weeks. The County Commission has recently suspended all raking of beaches in Collier County, with the exception of Marco Island, due to the fact that the rakes were picking up a lot of sand. I wanted to inform you that Beach Raking Program has been stopped. I know the Foundation is looking into whether or not to do any additional beach raking. We are continuing our program for the moment and we will work with the Foundation. You may see that come up as part of the discussions that you have with respect to your budget for the upcoming Fiscal Year. WATERSIDE SHOPS Mr. Carroll stated, "At the Foundation meeting I attended, Mr. Harrell made some comments about Waterside Shops which I found very interesting and I felt this group would be interested in hearing". Mr. Harrell, would you mind making those same comments to our Board? Mr. Harrell replied, "For the sake of the audience, you have to understand we Board members never talk to each other, in fact we can't". This is not an item that will come before this Board; other than for water management approval and I am sure plans will be submitted. Nothing has happened yet and I remember talking to the Foundation and I told them the day after Super Bowl that the most asked question of the weekend was who was going to win the Super Bowl and 5137 Pelican Bay Services Division Board February 5, 2003 1611 the second most asked question was who was going to replace Jacobson's? As of Monday we did know that the Buccaneer's won the Super Bowl. Mr. Harrell continued, "We are running into a lot of opposition in the department store world right now as to the size of the Jacobson's store". The Jacobson's space is 62,000 square feet, which is way below where the normal store would be under normal circumstances. We were very lucky ten years ago when we had Jacobson's and Saks Fifth Avenue come to a small town, didn't expect much and maybe the department store world was a little different back then than right now. Right now department stores want to have every one of their locations a more important profit center than it was ten years ago. With that being said, we are going through the very preliminary process right now for approval of an expansion for the shopping center and more specifically the two department stores. We are presenting some very rough drawings right now and we have not held any governmental meetings or anything else other than to the Foundation and Pelican Bay Property Owners. These meetings were telling them what our plans are doing and what we are attempting to do. We are in a rather funny position right now in that there is a speculative shopping center being proposed for Grey Oaks. There is a Grey Oaks PUD and you are going to be hearing more about PUD's than you will ever want to know. The PUD allows for a 600,000 square foot shopping center in Grey Oaks, which is located on the northeast corner of Airport Road and Golden Gate Parkway. If you think that corner is congested now, just wait. What is planned for that location is worse than what is presently there. The exit off of the Interstate is going to be Golden Gate Parkway and the shopping center, which has not even been designed, has been allowed. They are telling the department stores, don't go to Waterside it is too small, come to us. We are in a kind of competitive situation. I am a shopping center professional and have competed with real shopping centers, but I have just never competed with a speculative one. This is just a piece of dirt with pine trees on it that 1 am competing with. Mr. Harrell stated, "We are finding ourselves in a situation where we don't want that to happen". We are talking to three, and only three, department stores at this time, which are Neiman Marcus, Bloomingdale's and Nordstrom's. Any truth to the rumor of our talking with Burlington Coat Factory is not true. Burlington Coat Factory and Bed, Bath and Beyond both 5138 Pelican Bay Services Division Board February 5, 2003 161 1' attended the Jacobson's Auction for bankruptcy to buy the store. We stepped in and bought our own lease for $1,000,000 to prevent that from happening. We are not happy that the department stores want larger spaces and we are not happy that a speculative shopping center is trying to come into town. We are a very successful shopping center; had a tremendously successful Christmas season and we are going to be asking the residents of Pelican Bay to support us in the expansion of the second floor of Jacobson's and a second floor to the existing Saks Fifth Avenue. This expansion will require some parking decks. We will see a parking deck on the south side next to Seagate, which will be unseen and unheard from the residential component and on the north side, between Waterside and the SunTrust building. There is a lake on the property and the lake will not be disturbed. We are not going to cover any water or any green space, but we will probably find our decks to be a better-lighted parking area than we presently have. That is hard to say, but if you have been in our parking lots at' night, we have a lot of trees. Mr. Harrell continued, "1 am speaking very casually and I am not asking this Board to do anything". The expansion is allowed within the Peli(~an Bay PUD. There is some unbuilt residential, retail and office space available. When Westinghouse first developed the PUD they had a maximum number of units that they could build; they did not build to that maximum number and we are asking to buy the remaining space and move it to our end. We are actually asking WCI, who is being very cooperative, to remove 800 residential units from Pelican Bay that will never be built. What that will do is reduce traffic and provide more room for the shopping center to be able to expand. It is a real win/win for us, and a win/win for the community when you talk about removing some of WCl's lingering responsibilities or obligations. There will be no other commercial areas built, with the exception of what is already allowed, which I believe is one parcel of vacant land on U.S. 41 next to the bank. This expansion would require us to have several public hearings. The kicker is that we want you to keep shopping and so we are not going to do anything to stop that. You are going to find us much more of a partnership component rather than building a high rise and care if you like the front gate or not. You have to keep shopping or we don't do what we do and we are doing it very well. 5139 Pelican Bay Services Division Board February 5, 2003 1611 Mr. Harrell stated, "Neiman's, Nordstrom's and Bloomingdale's have all said that Naples is on their radar screen". Jacobson's leaving has made that come on the other's radar screen quicker than they would have originally looked at it. I have heard that Neiman's is coming to town for the past eleven years. Neiman's has never considered coming to town until Jacobson's closed. No matter what anybody tells you or how many shopping centers or activity is talked about downtown, it has not happened and hopefully we can pull that off. Mr. Carroll asked, "Can you explain where there are 800 residential units available"? Mr. Harrell replied, "There are 8,400 units allowed to be built in Pelican Bay". Westinghouse, when developing their own parcels or selling parcels, have only developed 6,600 units, which leaves 1,600 units unbuilt. There is no land for them and what could happen is any residential developer in Pelican Bay could go to WCI and ask to buy those unbuilt units and expand their existing projects. Mr. Carroll asked, "Does that get washed out as part of this deal"? Mr. Harrell replied, "Most of it". We will remove 800 of the unbuilt units from WCl, but there will still be 800 unbuilt units remaining with WCI. FINANCIAL STATEMENTS Mr. Carroll asked, "Do we need a Financial Statement discussion or is it too early in the Fiscal Year"? Mr. Ward replied, "You don't really need one, it is very early in the Fiscal year". AUDIENCE PARTICIPATION Mr. Chuck Walton - Claridge - "1 am a bird and cattail watcher and there are two things I want to ask about". One, which I got some sort of answer from Kyte about, is that he indicated that they had to prune the mangroves along the berm, north of the Boardwalk, but they have been just absolutely butchered. Mr. Lukasz told me that the reason they did it was to make the visibility better for the tram drivers. A huge defacing or pruning change over normal landscaping procedures should be either advertised or discussed before it is done. It is very hard to see how it could be justified. I thought they were getting ready to clean out all of the mangroves along the edge. I think it would be nice if we knew in advance that something that drastic was going to 5140 Pelican Bay Services Division Board February 5, 2003 happen. Next, I have been watching the cattail debacle as it continues. I notice they are continuing to spray whatever bits of cattails continue to grow in the north end of the berm and keeping that wasteland going while they have a bunch of plants in the back that they are hoping will grow and take over. Meanwhile, they are spraying the cattails to make them appear that all of the cattails have died and we all know they didn't. It appears to me it ought to be questioned why they are doing that. The spraying continues down to the Montenaro boardwalk and then suddenly stops and then you have nice green cattails south of that location. I wonder if anybody is monitoring this or telling people about it.'? Somebody is spraying and I do not know what time of day or night they are doing it, because I have never seen anybody, but it is clearly being done. It would be nice if somebody would provide some oversight or at least give you a description of these things from time to time. Mr. Carroll asked, "Mr. Ward would you like to comment on those two items"? Mr. Ward replied, "Yes, but Mr. Lukasz is better at the mangrove trimming since that is just an maintenance item that we do in order to keep the berm open for tram traffic". If we didn't do a good job in the quality of the trimming we will certainly try to do better with that issue. With respect to the cattail spraying, as I reported to you in the past, we do and are continuing to spray in the very northern portion of that area where we did the planting. If you want to try to make that piece of the program a success, we do need to continue to keep that area free of cattails. Hopefully, someday the materials that have been planted will out compete those cattails. That is the goal and the plants have only been in there four or five months so we still have quite a ways to go. Mr. Carroll stated, "That is a miserable looking area, I wish we could do something else, other than what we are doing there". I recognize that we have a test area going and these plants are eighteen inches tall, but is there some expectation that they will fill out that area in my lifetime? Mr. Ward replied, "1 am not sure it is going to be in my lifetime, but I think there is the expectation that they will". I am not sure I am going to give you any expectations on what I believe, but Turrell & Associates recommended it and everyone on the Clam Bay Sub-committee 5141 Pelican Bay Services Division Board February 5, 2003 161 1 thought it was a good idea. I also felt it was a good idea, so we are trying it. I believe we need to give it a little more time. Mr. Carroll asked Mr. Roellig, "If we stop spraying would the cattails come back very quickly"? Mr. Roellig replied, "1 would suspect they would and I think this is something that we will revisit at the Sub-committee". WILDLIFE SIGNAGE Mr. Kyle Kinney stated, "1 have had the benefit of reading through the agenda package and I know that the wildlife signage that was proposed was part of the overall Tram Pass Berm Landscaping Project and I was wondering whether or not the Board is still interested in doing the signs"? This would be a really nice addition next to the tram stations and we ask the Board to bring this up and not let it be lost in the overall landscaping project. Mr. Carroll stated, "1 thought that was a very nice addition also". Mr. Werner stated, "From what I have heard from talking to people is that they do not want a lot of clutter on the berm". They do not want plants or trees or anything obstructing their view. You are talking about putting eleven smaller signs along the berm and I don't see a reason for it. If you want to put some signs at the tram station that is fine, but I would not be in favor of the additional smaller signs. Mr. Bawduniak stated, "Just do the three bigger signs and drop the smaller ones". Mr. Carroll asked, "Would this proposal put up three large signs"? Mr. Bawduniak replied, "This proposal puts up three big and eleven smaller signs". Mr. Carroll asked, "Is there a problem with going along with just three large signs"? Mr. Ward replied, "No, it is up to you and whatever you want to do". Mr. Werner asked, "What would the cost of the three large signs be"? Mr. Ward replied, "Approximately $2,200 for all three". Mr. Bawduniak asked, "Are they durable for that price"? They had better last forever. 5142 Pelican Bay Services Division Board February 5, 2003 1611 Mr. Ward replied, "They will not last forever, but they are similar to what you see with the Seagull Grey background and the picture that is in your package and the sign will be made out of metal". Mr. Sutphin stated, "1 believe as a point of procedure that the motion this Board passed killed the capital project". If we want to consider signage it needs to be presented as a new capital program. Mr. Carroll stated, "It is a $2,200 improvement and I don't know as we need to approve it, but maybe it is a good idea to do so". Is there a motion to go ahead and spend $2,200 on these three signs? Mr. Roellig stated, '~/Ve should take a look at a larger mock-up". The picture we got does not give you any coloration and you will not be able to identify the wildlife from what you see on that sign. Mr. Ward stated, "To make it any bigger we would just need to make the sign at that point". Mr. Roellig stated, "There are some signs that are fairly high quality plastic which might work". I have some signs that I could drop off at your office sometime so that you can see what I am talking about. Mr. Ward stated, "Mr. Sutphin is bringing up a very good point that you killed this as part of your last motion". You need to reopen that item and figure out what you are going to do with it. Mr. Carroll stated, "You can put it on next month's agenda and we can discuss any changes in appearance at that time". Mr. Roellig stated, "1 have seen these signs for sale and I assume we could buy them and post them, but we will see". U.S. 41 BERM LANDSCAPING Mr. Thomas Roche - 824 Buttonbush Lane - I woke up Tuesday morning to a terrible noise. A bulldozer had come out and flattened all of the foliage in back of my house and as a result I get this terrible noise from U. S. 41. I went out to eat my breakfast and there was so much noise I was not even able to carry on a conversation with the person I live with. All of this 5143 FebruaryPelican Bay Services Division Board5, 2003 ' ~6~ foliage, approximately 20' x 50', had been taken down and now I have a beautiful view of trucks, cars and everything else that travels U.S. 41, along with the noise and smell. Beyond that, I have a situation where leveling all of this foliage now makes it possible for someone to stop their car at the berm and walk right into my back yard and I know there have had break-ins in the area. I couldn't give that house away right now with that noise and the location being right on U.S. 41. Before I had some sort of a buffer. I don't know if there is going to be a beautification or what, all I know is I have a lot of noise and traffic sailing by and I can't carry on a conversation on my lanai. I don't know the remedy, do I get a lot of vegetation to absorb that horrible noise, do 1 get a fence, what will I get? I had something that was there, which was taken away from me, and now I haven't got anything. What I have now is noise and traffic and beyond that I live not far from the red light at the corner of Pelican Bay Boulevard and I also now have the screeching of brakes. I might as well be living in the middle of New York City. What is the remedy? Mr. Carroll stated, "Mr. Ward can you comment on what is going to go in there"? I assume this was site clearance, but something is going to go back in there. Mr. Ward replied, "As I mentioned before we have taken out the exotic materials that should come out". We do have a landscaping plan and Mr. Lukasz can show that to you. This plan includes a lot of taller materials that will replace all of the exotics that were there and that is taking place along all of the U.S. 41 berm. Mr. Werner stated, "1 thought that when we were ta~,ing out these exotics we were only going to remove a portion of them, so that the residents would not experience what this gentleman has experienced". What happened to that plan? Mr. Ward replied, "That plan is in place and we are not actually removing all of the material, only the front and top of the berm, but this gentleman happens to live extremely close to the U.S. 41 berm where there is not a lot of depth". When you take out the front on some of these areas you do see through it. Mr. Roche stated, "Excuse me, but I do not live extremely close, I am in approximately sixty feet". If you replant that area with small bushes that is not going to absorb the sound or block the view I have of U,S. 41. 5144 FebruaryPelican Bay Services Division Board5, 2003 Mr. Carroll stated, "Perhaps you should review the landscape plan with Mr. Lukasz so that you have some idea of what is going to be planted in that location". Mr. Burke asked, "Are you the only person affected"? Mr. Roche replied, "No there are others". Mr. Bawduniak asked, "Did you really detect a difference in sound levels"? Mr. Roche replied, "1 couldn't even hear the person on the other side of the table talking to me". Mr. Bawduniak replied, "You don't know how astounding that statement is". We have had papers from research units at two state universities say how little sound absorbance there is from foliage. I think that is very interesting. I would like to know where you are located and I will bring a decibel meter to record your sound levels. Foliage is not supposed to do much and here you are, a sample of an actual experience, saying that it does. Mr. Roche stated, "1 know that it does because I have a place in Boston and I was silly enough to have the house re-landscaped with a lot of material being removed and the sound change was obvious and it is obvious here also". Any time you want to come out and measure the sound decibels please do so. I know you have something already planned for that area, but I would like to have it include some heavy plant materials. Mr. Bawduniak stated, "We did sound readings out there several months ago, which were not over the limit where the State would be concerned, but it would be very interesting now for a before and after reading". Mr. Roche stated, "1 am not a complainer; I just want peace and quiet, but there is a very big difference". Mr. laizzo - Pelican Bay Property Owners - There is an Ordinance that this Board has to respect and in the Ordinance there is ambient noise control that we have to provide for residents. None of the vegetation that is going in takes ambient noise into consideration and the result is exactly what you are hearing from Mr. Roche. I understand it is a horrendous noise and Mr. Bawduniak it would be appreciated if you would come out with your meter. 5145 Pelican Bay Services Division Board February 5, 2003 Mr. Harrell stated, "1 know we have to remove Brazilian Pepper and exotics, but I was actually amazed how Iow the berm is in some of the areas where the vegetation was removed". You assume the U.S. 41 berm is twelve feet high its' entire length, but it really is not at the south end. At the south end it is almost flat. Mr. Werner stated, "We have received a letter from Mr. Roby regarding the berm landscaping". He raised an issue that on the east side of the berm from the Sandpiper Tram Stop to St. Lucia there are a great number of trees and large shrubs that were sprayed with a herbicide and killed and left standing. Mr. Roby indicates these trees were allowed to remain and lean out over the water and on the west side of the berm Mexican Pepper Bushes have begun to take over. In addition, he is concerned, I presume where we had cut the channel to try to get the saltwater in to kill the cattails, that it is now a mudflat and was asking if that channel could be filled to capture some of the water runoff to attract wading birds and alligators? Should the Clam Bay Sub-committee take up this issue? Mr. Roellig replied, "That would be appropriate". We have had some comments about that issue. Mr. Ward stated, "That will discussed and I have seen what is going on". I have seen Mr. Roby's letter. Mr. Carroll asked, "Mr. Ward will you take care of that"? Mr. Roby is bringing up some unsightly things that need attended to. Mr. Ward replied, "Mr. Roby is bringing up the issue of the removal and spraying of exotics in that area and that is not in our maintenance program". ADJOURN There being no further business the meeting adjourned at 4:25 P.M. Mr. James Carroll, Vice Chairman 5146 Memorandum 1611 To: From: Date: Subject: Pelican Bay Services Division Board James P. Ward February 26, 2003 Cap d'Antibes For your information, I have attached to this memorandum, the previous Request for Legal Services to the County Attorney's Office and their response. At the February 5th meeting, the Board requested the County Attorney's opinion of the letter prepared by Mr. Bawduniak relative to the Cap d'Antibes project. Per my recent conversation with Mr. Patrick White of the County Attorney's Office, he advised that the letter is satisfactory for submission to the Board of County Commissioners with one exception. That exception would be to remove the sentence that says: "This constitutes a significant change from the original work plan for Waterpark Place and a violation of setback requirements established by the PUD." This sentence raises legal conclusions, which are not within the authority of the Pelican Bay Services Division's Board, but are within the purview of the County Attorney's Office. Pelican Bay Services ITEM NO.: FILE NO.: 1611 ROUTED TO: DO NOT WRITE ABOVE THIS LINE (orig. 9~89) REQUEST FOR LEGAL SERVICES Date: January 27, 2003 To: Office of the County Attorney, Attention: David C. Weiget From: James P. Ward, Department Director Pelican Bay Services Division Re: Pelican Bay Services Division BACKGROUND OF REQUEST/PROBLEM: On July 18,2001 the Pelican Bay Services Division reviewed and approved the plan for Cap d'Antibes. The review and approval of these plans dealt with the integration of the applicant's water management system into the Division's water management system. Additionally the Division reviews plans for connections to our berm, however these plans did not request a review for approval of any connection. As we discussed there have been concerns raised within the Pelican Bay community, which have been the subject of a number of newspaper articles along with a lengthy discussion at the January 2003 meeting of the Advisory Board. The concern raised by the residents involves deals with the approval process under the County's PUD Ordinance and specifically citizens are interested in Collier County including the Pelican Bay Service's Division's Advisory Board taking any and all actions necessary to ensure that the construction of Cap d'Antibes is halted until such time as the County Commission can review this project through some sort of a public hearing process. To this end, the citizens of Pelican Bay are requesting the Pelican Bay Services Division to request the Board of County Commissioners to revoke Project Review Service's review of the site plan, since in the opinion of certain citizens it is not in compliance with the PUD Ordinance. As we discussed, I have advised the Pelican Bay Services Division Board that our review of this project is limited to those areas of responsibility or services enumerated in the Pelican Bay Services Division's Ordinance as has been adopted administratively in the Division's Plan Review Procedure and Submittal Manual. I have attached a copy of the Plan Review Manual for your review. Advisory Board Minutes from its' January meeting relative to this subject. Additionally, I have attached the excerpt of the This item has not been previously submitted. ACTION REQUESTED: 1611 Pelican Bay Services Division is requesting the County Attorney's office to provide the Division's Board with guidance on what action, if any, that the Board may take with respect to the request of the citizens. Additionally, the Division is requesting your analysis of what liability Board members may individually be subject to in the event that the Board takes action on issues outside if its' authority. The Division's Board meeting is scheduled for February 5, 2003 and your guidance in this matter prior to the meeting is requested. Thank you for your attention to this matter and if you have any questions please contact me on my cell phone at 1-954-658-4900. OTHER COMMENTS: MEMORANDUM DATE: TO: FROM: RE: February 4, 2003 James P. Ward, Department Director, Pelican Bay Services Division Patrick G. White, Assistant County Attorney ,\. Pelican Bay Services Division - Cap d'Antibes RLS No.: PEL 030128-05 QUESTIONS ASKED: First, you have asked for guidance to be provided to the advisory Board (Board)~ of the Pelican Bay Services Division (Division) on what action, if any, the Board may take with respect to a recent citizen request discussed at the Board's January 9, 2003, meeting. The nature of the citizen's request is to have the Board take any and all action necessary to halt construction of the Cap d'Antibes project until the Board of County Commissioners (Commission) reviews the project in a public hearing with the intent to have the Commission revoke the site development plan of that project. Second, you requested an analysis of what liability Board members may individually be subject to in the event that the Board takes action on issues outside of its authority. SHORT ANSWERS: First, the contemplated action appears to be beyond the scope of authority afforded to the Board. Most, if not all, of the complained of actions relate to the County's review and approval of zoning regulations and site development plans. The Board's function, powers, and duties, as well as those of the Division, do not include the review of such matters. Although the Board does have authority to exercise decision and control over the day-to-day operations of the Division, that function did not begin until October 22, 2002. Assuming the Division's July 18th, 2001 approval of plans to integrate the Division's and applicant's water management systems was then within the scope of the Board's review authority, because the Division's now questioned action occurred pdor to the Board's grant of authority, the Board would again appear to lack authority over that now final decision. This answer is not intended to preclude discussion or stifle debate amongst the Board members, but rather is intended to provide the requested guidance on the lawful limits of the Board's official actions. Second, assuming the Board members are considered to be govemment officials, then so long as their conduct does not violate clearly established rights of which a reasonable person would have known, if sued individually in their official capacities, they would likely have the protection of qualified immunity. This immunity may be lost, however, if Board members objectively know that their conduct would violate another's rights. Under our facts,2 the Board members would have objective knowledge that some or all of their actions would likely be beyond the scope of ~ Although referred to here as the "Board," the proper title for the subject entity is the "Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee." 2 Your question assumed the Board members would be acting outside the scope of their authority and this answer assumes they would be as well based on the answer to your first question. Page 1 of 3 1611 their authority and could violate the private property rights of the property owner who has approved development plans. In similar cases, the courts have held that a prevailing plaintiff may recoup unlimited compensatory and punitive damages against an individual defendant. Again, this answer assumes facts that lessen a government official's potential immunity. DISCUSSION: Question One: Effective June 3, 2002, Collier County Ordinance No. 2002-27 (Ordinance), created the Pelican Bay Municipal Service Taxing and Benefit Unit (Unit) for the purposes of providing: 1) street lighting, 2) water management, 3) extraordinary law enforcement service, and 4) beautification. The scope of authority afforded to the Board members is set forth in Section Thirteen, Function, Powers and Duties of the Committee, sub-section E) of the Ordinance. The Board is also granted authority to enter into a Memorandum of Agreement/Letter of Understanding (Memorandum) with the Commission and County Manager by this provision. The intended scope of Board authority was to exercise decision and control of the day to day operational affairs of the Unit, recognizing that the scope of those operations is limited to the four listed purposes set forth above. Through the resulting Memorandum approved by the Commission on October 22, 2202, the Board acknowledged that the pr6visions of Section Thirteen of the Ordinance provided a full and complete list of the Board's responsibilities. Additionally, as part of the Memorandum, the County Manager agreed to accept the Board's direction in its exercise of such authority, but the County Manager retained all ultimate administrative and ministerial powers, duties, responsibilities, decisions, and control related to the operations of the Unit. Again, the scope of those operations is limited to the four stated purposes. You have advised, and meetings as well as news accounts have made clear, that the citizen's request brought before the Board ultimately is intended to have the Commission consider the appropriateness of the zoning regulations and SDP applicable to the Cap d'Antibes's project. Without question, these matters are beyond the stated purposes of the Unit and the scope of authority afforded to the Board under the Ordinance and the Memorandum. Furthermore, it has only been since October 22, 2202, that the Board has been allowed to exercise decision and control of the Division's day-to-day operation. As stated above, that exercise of authority, however, is subject to the limiting provisions of the Memorandum and the scope of operations the Unit was created to provide. These limitations reflect that the Unit is a limited purpose dependent district. The Unit has a unique relationship with the County (as a general purpose government) through the special, non-county services and benefits provided by the Division. As you know, it is the Division which performs many of the purposes contemplated by the Ordinance and Memorandum. Thus, the Division on July 18th, 2001, reviewed and approved plans to integrate the Division's and the Cap d'Antibes's water management systems,3 which were forwarded to the County and incorporated as part of the County's overall SDP approval.4 Because the Division's approval and the corresponding, subsequent County approval are now final, and they were approved well before the Board was afforded any authority, there now is no such Board authority over those approvals. The review appears to be consistent with the Division's Site Development and Plan Manual. The subject SDP is denoted as SDPA-2001-AR 412, approved on July 20, 2001. Page 2 of 3 Question Two: Because the Board members are appointed by the Commission, they are likely to be considered "public officials" or "public officers" under certain statutes, s Assuming for the purposes of this discussion that the Board members would be considered by a court of competent jurisdiction to be a "government official" or "public official," then under the doctrine of qualified immunity, if sued in their individual capacities, Board members would not be subject to suit or held liable unless their conduct violated clearly established statutory or constitutional rights of which a reasonably competent public official would have known. More simply stated, the public official must be on notice that his actions would be unlawful. The courts apply an "objective reasonableness" standard which gives government officials the benefit of the doubt unless their actions were so obviously illegal or were "knowingly" a violation that they would not have committed them. Under our facts, you have asked whether liability may be found if the Board members act beyond the scope of their authority. As noted above, assuming the Board members will be apprised of the answer to the first question,6 then they arguably would know they were acting beyond the scope of their authority. That leaves in question only whether they would also know that taking "unlawful" action to deprive the Cap d'Antibes's property owner of existing development approvals could constitute a deprivation of protected property dghts. Assuming so, it is possible that the shield of qualified immunity could be lost. In that event, if found liable, both compensatory and punitive' damages may be imposed on an individual defendant without any set limit. I trust this answers your questions, please let me know if you require a further response. cc: David C. Weigel, County Attorney Ramiro Manalich, Chief County Attorney Marjorie M. Student, Assistant County Attorney Jennifer A. Belpedio, Assistant County Attorney 5 See generally, Chapter 112, Partsl&lll, includingSecs. 112.312 (1); 112.313 (1); and 112.3143(1). e The first answer concluded further Board action to revoke/reconsider a prior Division or County approval would be beyond its permissible authority. 1611 February 19, 2003 DRAFT The Honorable Tom Henning, Chairman Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 RE: Pelican Bay - Cap d'Antibes Dear Commissioner Henning: The Advisory Board of the Pelican Bay Municipal Services Taxing and Benefit Unit strongly opposes the current plan for Cap d'Antibes, the Waterpark Place high rise being considered by Gulf Bay Development. The proposed twin towers, joined by a massive structure near the base, would result in a 650-foot wide building. This structure would fill much of the available space between the existing St. Laurant and St. Raphael buildings. This constitutes a significant change from the original work plan for Waterpark Place and a violation of setback requirements established by the PUD. If implemented, the proposed change to the original plan would substantially change the nature of the neighborhood and could adversely affect property values in Pelican Bay. Yours sincerely, PELICAN BAY MSTBU ADVISORY BOARD Lou Vlasho, Chairman 1611 161 1 :~t / Ill! 0 '~ · ~0~ ~0~ -.~o~ ~ o 05' m<mo {1) 0 1611 0 0 n o m 0 1611 '~ 1(,il - %.:. 1611 CLAM I AY WILDLIFE Throughout the Clam Bay system there Is a variety of wildlife Inhabitants. This display provides a list of some that may be enoountered as you travel within the System's boardwalks and tram roads, Some, suoh as the Amedcan Alligator and Water Moccasin, should be treated with caution because of the potential danger that they pose. As you t~vel along the tram road you will find additional signage providing Information about some of the wildlife that you may observe In the Clam Bay System. Large Fond I~ird~ I~I~.OI~AI~LE White Ibis Tricolored Heron Great Blue Heron Great Egret Double-crested Cormorant Anhinga Snowy Egret Little Blue Heron FOSSlBLE Wood Stork Glossy Ibis ~rnaller Fond I~ird~ I::'R. OBAI~LE Pied-billed Grebe ~ Green Heron ~l~ Common Moorhen ~OS~I~LE Blue-winged Teal Spotted Sandpiper Black-crowned Night Heron Greater Yellowlegs Lesser Yellowlegs Least Bittern American Coot Marnmal~ I~i~,OI~AE~LE Northern River Otter UNLIKELY Bobcat Reptile~ & Amphibian~ ~l[~l[llmAmerican Alligator Florida Softshell Turtle Water Moccasin 1611 Great Blue Heron Ardea herodias Dcscri~on: 39"-52" A common large mainly grayish heron with a pale or yellowish bill. Of~n mistaken fora sandhill cran~, but flies with ~ neck folded, not extended Ii1~ that of a crane. In southern Florida an all white form,"Great Whit~ Heron," differs from Gr~at Egret in being larger, Nth greenish-yellow rather than black legs Voice: A harsh s~uawk 06/10/1992 03:0? 941S~74947 JIMOARROLL PAGE 01 1611 PELICAN BAY SERVICES DMSION MID MARCH 2003 On Tuesday February 18m I attended the men's coffee at Hammock Oak. It was my first men's cc)flee and I was impressed with the fact that it was so well attended. I heard an estimale of 200 people which speaks well for the interest people have in this get together. This meeting was structured to include the four candidates for the Pelican Bay Services Division Board and a moderator, Mr. Bill Turner. Bill conducted the meeting in a vary effective and fair manner and I complimented him on his approach to conducting such a forum. Bill posed questions and each candidate was given the opportunity to respond within a time limit. Bill used a bell to limit speeches which was very much needed for one candidate in particular. In general l l~lt the intent was to have each candidate give his opinion on various issues and either be supportive of what was being done by the current Board or indicate how he would approach improving on the issues which he felt needed changing. There were two issues discussed which I'd like to clarify. First, our current fiscal year Budget is $4,200,000 not $5,000,000. Second, the cost of the extra County police protection we pay ~br has averaged $401,000 per year for the last four years which is $60 a year each of us pays for this round-the-clock seven day a week policing. We will spend $5 ! 3.000 this )'car because ora $70,000 once every five year capital expenditure that we paid for police cruisers. The Pelican Bay Services Division Board along with the Foundation Board will continue to approach each issue which affects the people of Pelican Bay with the goal of doing what is right. We will do it within the budget that we oversee. W~ will also do it within the rcstrh:tions that the Ordinance which created us dictates and within the limitations that ~he sunshine laws impose on us. I hope the candidates the Board of County Commissioners appoint to our Board approach the I~>sition in a positive, professional manner so that we will be able to continue to serve ibc' Community in an effective way. il~m C~oll PBSD Board rr~'mbcr 2/24/03 COLLIER COUNTY PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR FOUR (4) MONTHS ENDING JANUARY 31, 2003 1611 GENERAL FUNDS Revenue Interest Income Plan Review Fee Income Interfund Transfers Miscellaneous Income Assessment or Ad-Valorem Tax Levy Unappropriated Fund Balance Total Revenue Other Fees & Charges Property Appraiser Tax Collector Revenue Reserve Total Other Fees & Charges NET REVENUE{[ Appropriations - Personal Services Personal Services - Admin. Personal Services - Field Total Personal Services Water Community Street Total Rev/Exp Management Beautification Lights Securi~ Thru Jan. $626 $11.805 $3,286 $3,298 $0 $0 $0 $0 $0 $0 $0 $0 $117 $296 $133 $0 $464.390 $1,174,547 $177,866 $362,925 $0 $0 $0 $0 $465,133 $1,186~48 S181'285 $366~23 $7.453 $22,734 $1.527 $1,785 $8.090 $24,689 $3.598 $7,306 $0 $0 $0 $0 $15343 $47,423 $5,125 $9391 $449390 $1,139,225 $176,160 $357,132 $19.333 $19,704 $12,234 $41.408 $291.168 $10.708 $60,741 $310,872 $22,941 Appropriations - Operations Administration Indirect Cost Reimbursements $55.950 Other Contractual Services $5.280 Telephone - Service Contracts $168 Telephone- Direct Line $758 Postage. Freight & [Jps $1.260 Rent - Buildings $2.605 Rent- Equipment $206 Lense Purchase Dell Computers $371 Insurance - General $3.000 Data Processing - R&M $0 Printing or Binding - Outside Vendors $0 Clerks Recording Fees. Etc. $11 Legal Advertising $0 Reimbursement lbr Prior Year Revenue $40.000 Office Supplies - General $523 Copying Charges $0 Minor Office Equipment $0 Computer Soft, yarc $0 Other Training & Educational Exp. $0 Other Operating Supplies $89 lotal Administration $0 $4.950 $8.195 $5.280 $140 $288 $758 $474 $1.016 $533 $2.684 $2.605 $2(16 $206 $0 $0 $51)0 $400 $0 $0 $0 $0 $0 $0 $0 $0 $282 $51 $414 $168 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $110.209 Sl4,195 $14,954 Field Services Engineering & Consultants $723 $0 $0 Berm & Swale Maintenance $0 $0 $0 Water Quality Testing $4,342 $0 $0 Plan Review Services $0 $0 $0 Water Use Charges $0 $28.412 $0 Replanting Program $0 $12.476 $0 $19,014 $0 $0 $547 $2,179,728 $0 $2,199,289 $33,500 $43,683 $0 $77,183 $2,122,107 Wa $51,271 n/a $343.283 $0 $394354 n/a $60,900 Wa $18.755 n/a $596 n/a $1.989 n/a $2.809 n/a $7.894 n/a $617 n/a $371 n/a $3.900 Wa $0 n/a $0 n/a $0 n/a $0 n/a $40,333 n/a $1,105 n/a $0 n/a $0 n/a, $0 n/a $0 n/a $89 $0 $139358 n/a $723 n/a $0 n/a $4,342 n/a $0 n/a $28.412 n/a $12.476 Prorated F.Y. 2003 Jan-03 Budget Budget Favorable Unfavorable $75.300 $25.100 ($6.086) $5.000 $1,667 ($1.667) $0 $0 $0 $0 $547 $0 $2.651.000 $2,173.820 $5,908 $330,520 $0 $0 $3,061,820 $2,201,134 ($1,844) $54.100 $33.500 $0 $82.000 $43.683 $0 $139.500 $0 $0 $275~00 $77,183 $0 $2,786'220 $2.123,951 ($1,844)1[ $127,600 $42.533 ($8,738) $848.900 $282.967 ($60,317) $976300 $325,500 ($6%0541 $122.600 $60.900 $0 $69.000 $23.000 $4.245 $2.000 $667 $71 $10.500 $3.500 $1.511 $13.000 $4.333 $1.524 $23.900 $7.967 $73 $3.700 $1.233 $617 $1.200 $400 $29 $3.900 $1.300 ($2.600) $900 $300 $30/) $4.000 $1.333 $1.333 $4.000 $1.333 $1.333 $6.000 $2,000 $2,01)0 $40.000 $40.333 $0 $3.500 $1.167 $61 $1.900 $633 $633 $600 $200 $200 $100 $33 $33 $400 $133 $133 $800 $267 $178 S312,000 $151,033 $11,675 $13.070 $4.357 $3.634 $5.000 $1.667 $1.667 $14.000 $4.667 $325 $5.000 $1.667 $1.667 $95.000 $31.667 $3.255 $42.300 $14.100 $1.625 Page I COLLIER COUNTY PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR FOUR (4) MONTHS ENDING J~Ct~ARY 31, 2003 1611 GENERAL FUNDS Prorated Water Community Street Total Rev/Exp F.Y. 2003 Jan-03 Favorable Management Beautification Lights Thru Jan. Budget Budget Unfavorable Other Contractual Services $15.481 $99,028 $1,088 n/a $115,597 $309,900 $ i 03.300 ($12.297) Per Diem - Conferences, Schools $0 $198 $0 n/a $ ! 98 $0 $0 ($198) Motor Pool Rental Charge $0 $166 $0 n/a $166 $0 $0 ($166) Telephone - Direct Line $0 $0 $0 n/a $0 $0 $0 $0 Cellular Telephone $611 $669 $609 n/a $1,890 $5,800 $1,933 $44 Postage, Freight & Ups $0 $137 $0 n/a $137 $200 $67 ($70) Electrici~ $0 $432 $6,980 n/a $7,412 $31,500 $10.500 $3,088 Trash & Dumpster Fees $3.881 $15.600 $0 n/a $19,481 $20.900 $6.967 ($12.514) Rent Equipment $345 $3,265 $0 n/a $3,610 $9,000 $3.000 ($610) Insurance General $1,800 $7.800 $700 n/a $10,300 $10,300 $3.433 ($6.867) Auto insurance $2,800 $5,600 $900 n/a $9,300 $9,300 $3.100 ($6.200) Sprinkler System Maintenance $0 $6,608 $0 n/a $6,608 $20,000 $6,667 $59 Maintenance - Landscaping $0 $44.654 $0 n/a $44,654 $53,200 $17.733 ($26.920) Autos & Trucks R&M Outside Vendor $0 $0 $0 n/a $0 $1,000 $333 $333 Fleet Maintenance - Labor $0 $1.922 $0 n/a $1,922 $7,900 $2,633 $711 Fleet Maintenance - Parts $0 $1.440 $0 n/a $1,440 $12,300 $4.100 $2.660 Fleet Maint. Non ISF $0 $0 $0 n/a $0 $2,400 $800 $800 Boat R&M $0 $0 $0 n/a $0 $500 $ ! 67 $167 Other Equipment R&M $0 $0 $0 n/a $0 $3.000 $1.000 $1.000 Printing - Outside Vendors $0 $0 $0 n/a $0 $200 $67 $67 Photo Processing $0 $0 $0 n/a $0 $100 $33 $33 Licenses & Permits $0 $0 $0 n/a $0 $1.100 $367 $367 Copying Charges $296 $0 $0 n/a $296 $0 $0 ($296) Unilbrm Rental $525 $2.343 $0 n/a $2,868 $6,800 $2.267 ($602) Chemicals $14.407 $7.024 $0 n/a $21,431 $107.200 $35.733 $14.302 Fuel & Lubricants - Outside $0 $865 $0 n/a $865 $800 $267 ($598) Fuel & Lubricants - lnside $728 $3,322 $0 n/a $4.050 $10,200 $3.400 ($650) Minor Operating Equipment $0 $912 $0 n/a $912 $3.300 $1.100 $188 Other Training & Educational $0 $510 $0 n/a $510 $1.200 $400 ($110) Other Operating Supplies $1.737 $38.980 $8,811 n/a $49.528 $106.000 $35.333 1514.195) Total Field Services $47,677 $282,362 $19,088 $0 $349,127 $908,470 $302,823 ($46,303) Capital Outlay Capital Expenditures $ i 5.806 $49.482 $19.816 $0 $85.103 $192,150 $64.050 ($21.053 } Total Capital Outlay $15,806 $49,482 $19,816 $0 $85,103 $192,150 $64,050 ($21,053) Security Personal Services $0 $0 $0 $0 $0 $0 $0 $0 Other Contractual Services $0 $0 $0 $ I i 2,243 $ ! 12.243 $397. 100 $99.275 ($12.968) TotaISecurity. Operations $0 $0 $0 $112,243 $112,243 $397,100 $99,275 ($12,968) TOTAL APPROPRIATIONSll $234,433 $656,910 $76,799 $112,243 Net Income from Operations Fund Balance (~ 10/I/02 Fund Balance ~ January. 31, 2003 $1,080384 $2,786,220 $942,681 ($137,703 $215.157 $482.314 $99,362 $244,889 $1,041,722 $0 $305.457 $618.344 $141.990 $145.682 $1.211,473 $1.015.800 $520,614 $1,100,658 $241,352 $390,571 $2,253,195 $1,015,800 $1,181.270 $139,547) Fund Balance Allocations Reserved 1hr Operations Reserved for Capital Outlay $441.014 $937.258 $234.552 $385.571 $1.998.395 $371.0~) $79.600 $163.400 $6,800 $5,000 $254.800 $254.800 Notes: Fund Balance at 10/I/02 (actual) includes Reserve lbr Encumbrances of $50,519.62 FY 2003 Unappropriated Fund Balance Budget includes $50.519.62 of Rolled Encumbrances and a $40,000 B.A. in Water Management Page 2 COLLIER COUNTY PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR FOUR (4) MONTHS ENDING JANUARY 31, 2003 CAPITAL PROJECTS FUNDS 1611 Prorated Clam Bay Uninsured Irr. & Land. Total Rev/Exp F.Y. 2003 Jan-03 Favorable System Assets Analysis Thru Jan. Budget Budget Unfavorable Revenue Interest Income $0 Miscellaneous Income $14 Interfund Transfers $218,100 Assessment or Ad-Valorem Tax Levy $55,402 Unappropriated Fund Balance $0 Total Revenue $273,516 Other Fees & Charges Property Appraiser $0 Tax Collector $1,108 Revenue Reserve $0 Total Other Fees & Charges NET REVENUEll Appropriations: Engineering & Consultants $38,467 Other Services $11,906 Capital Outlay n/a TOTAL APPROPRIATIONS[[ Net Income from Operations Fund Balance ~ 10/I/02 {Actual) Fund Balance (~ January 31,2003 Fund Balance Allocations Reserved for Operations Reserved for Capital Outlay $16,728 $4 $0 $554 $0 $75,O00 $0 $252,512 $0 $0 $16,728 $328,070 $0 $4,2O5 $0 $5,050 $0 $0 $16,733 67,700 $22,567 ($5,834} $568 0 $0 $568 $293,100 586,200 $293,100 $0 $307,914 272,600 $272,600 $35,314 $0 524,304 $0 $0 $618,314 $1,450,804 $588,267 $30,048 $4.205 $5.500 $4,205 $0 $6,158 $8.500 $6,158 $0 $0 $14.300 $0 $0 $1,108' $0 $9,255 $10,363 $28,300 $10,363 $0 $272,408 $16,728 $318,815 $607,951 $1,422,504 $577,904 $30,048 I] n/a $0 Wa $146,228 $0 $0 $50,373 $0 $146~28 $196,601 $1,422.504 $474,168 $222,034 $16,728 $172,587 $411,350 $0 $103,736 $307.614 $437,176 $1,140,277 $400,036 $1,977.489 $1,322.000 $659,210 $1,157,005 $572,623 $2,388,839 $1,322,000 $659,210 $0 $450,523 $0 $1,157,005 $122,100 $38,467 $303,464 $101,155 $62,687 $158,134 $1,119,041 $373,014 $214,879 $0 $0 $0 $0 $277,567 $1,109,734 $0 $1,279,105 $1,322.000 Notes: F.Y. 2003 Budget for Fund Balance At 10/I/02 (Actual) includes Reserve for Encumbrances of $176.604.16 F.Y. 2003 Budget for Unappropriated Fund Balance includes $176,604.16 in Rolled Encumbrances. Page 3 PELICAN BAY SERVICES DIVISION CLAM BAY RESTORATION FUND JANUARY 31, 2003 1611 EXPENDITURES Environmental Consult. Engineering Fees Akerman, SenterfitL et. al. Lewis Environmental Serv. Tackney & Associates Wilson. Miller, et. al. Dr. Samuel Snedeker Hilbum Hilstad Turrell Other Expenditures F.Y.'s 97-00 F.Y. 2001 F.Y. 2002 F.Y. 2003 Total Exp. Jan. 2003 Budget Budget Budget Budget Budget To Date Balance Expenses $0 $58.040 $145,260 $106,464 $207,683 $0 $0 $0 $78,732 $0 $0 $0 $86,500 $0 $0 $0 $69,197 $7,245 $0 $0 $9,997 $0 $0 $0 $10,550 $0 $0 $0 $61,939 $4,562 $0 $0 $80.481 $146.324 $198.193 $339,978 $309,764 $207.683 $78,732 $86.500 $76,442 $9.997 $10.550 $66.500 $764.976 $221.063 $88.701 $2.360 $207.683 $0 $0 $78,732 $0 $0 $86.500 $0 $0 $76,442 $0 $0 $9,997 $0 $0 $10.550 $0 $0 $66.500 $0 $0 $436.905 $328.071 $523 Sub-Total $605,079 $216,170 $343,453 $446,442 $1,611,144 $1,194,372 $416,772 Tidal Creeks !,2 & 3 Engineering Construction Tackney $0 $0 $0 $0 Turrell $59.000 $0 $0 $0 Agnoli. Barber & Bmndage $2,796 $0 $0 $0 Engineering Design Tackney $0 $0 $0 $0 Turrell $26.790 $0 $0 $0 Agnoli. Barber & Bmndage $11.596 $0 $0 $0 Capital Improvements $186.013 $0 $0 $0 $2,883 $0 $0 $0 $0 $59,000 $59.000 $0 $0 $2,796 $2.796 $0 $0 $0 $0 $0 $0 $26.790 $26.790 $0 $0 $11.596 $11.596 $0 $0 $186.013 $186.013 $0 $0 Sub-Total $286,195 $0 $0 Clam Pass Main Channel Engineering Construction Tackney $0 $0 $0 Tu~ell $79,000 $0 $0 Agnoli, Barbcr&Brundage $5,900 $0 $0 Engineering Design Tackney $0 $0 $0 Tu~cll $24,980 $0 $0 Agnoli, Barber& Bmndage $10.000 $0 $0 Snedakcr $0 $0 $0 Capitallmprovements $251.530 $0 $0 $0 $286,195 $286,195 $0 $0 $0 $0 $0 $0 $0 $79.000 $79.000 $0 $0 $5.900 $5,900 $0 $0 $0 $0 $0 $0 $24.980 $24.980 $0 $0 $10.000 $10,000 $0 $0 $0 $0 $0 $0 $251.530 $251.530 $0 $0 $0 $0 $0 $0 $0 $0 $0 Sub-Total $371,410 $0 $0 Interior Tidal Creeks Engineering Construction WMB&P $10.990 $0 $0 Turrell $3.00{) $0 $0 interior Tidal Creeks Engineering Design Lewis Environmental $31.800 $0 $0 WMB&P $12.620 $0 $0 Engineering Consultants Lewis Environmental $86.519 $27.692 $0 Capital Improvements $72.978 $47.398 $0 $0 $371,410 $371,410 $0 $10.990 $10.990 $0 $3.000 $3.001) $0 $31.800 $31.800 $0 $12.620 $12.620 $0 $114.211 $114.211 $0 $120.376 $120,376 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Sub-Total $217,907 $75,090 $0 $0 $292,997 $292,997 $0 $0 Page 1 PELICAN BAY SERVICES DIVISION CLAM BAY RESTORATION FUND JANUARY 31, 2003 EXPENDITURES Seagate Culverts Engineering Construction WMB&P Engineering Design WMB&P Capital Improvements F.Y.'s 97-00 Budget F.Y. 2001 F.Y. 2002 F.Y. 2003 Total Exp. Jan. 2003 Budget Budget Budget Budget To Date Balance Expenses $8.071 $0 $0 $0 $8,071 $8,071 $0 $0 $12.385 $0 $0 $0 $12,385 $12,385 $0 $0 $88.240 $0 $0 $0 $88,240 $88.240 $0 $0 Sub-Total Ecosystem Enhancements Environmental Consultants Other Contractual Sew. Capital Improvements $108,696 $0 $0 $0 $108,696 $108,696 $0 $0 $3.750 $0 $82,969 $192,000 $278.719 $107,422 $171,296 $11.114 $0 $25.198 $35,733 $115,000 $175,931 $60,931 $115,000 $0 $0 $8.250 $0 $0 $8,250 $8.250 $0 $0 Sub-Total $3,750 $33,448 $118,702 $307,000 $462,899 $176,603 $286,296 $11,114 Fresh/Stormwater Analysis Engineering Fees Environmental Consult. Fees Turrell & Associates Other Contractual Serv. Operating Supplies Capital Improvements $0 $16,980 $0 $0 $16.980 $16.980 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $82.500 $0 $0 $0 $82,500 $82.500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3&817 $0 $0 $38.817 $38.817 $0 $0 Sub-Total Capital Outlay Improvements General Other Machinery. & Equip. $82.500 $55,797 $0 $0 $138,297 $138,297 $0 $0 $15.459 $950 $0 $0 $16.409 $16.409 $0 $0 $18.713 $0 $0 $0 $18.713 $18.713 $0 $0 Sub-Total Other Fees & Charges Tax Collector Property. Appraiser Revenue Reserve $34,172 $950 $0 $0 $35,122 $35,122 $0 $0 $23,041 $0 $239 $100 $23,380 $24.386 -$1.006 $66 $8.637 $0 $942 $0 $9,579 $9,579 $0 $0 $0 $0 $0 $100 $100 $100 $0 $0 Sub-Total TOTAL APPROPRIATIONS $3 !,678 $0 $ I, ! 82 $200 $33,060 $34,066 -$1,006 $66 $1,741,387 $381.454 $463,336 $753,642 $3,339,819 $2,637,759 $702.061 $14,063] Rolled Encumb. which are included in Total Approp. DATE I $10,242 J ACCOUNTS PAYABLE INV. NO. AMOUNT Turrcll & Associates 02/01/03 15 $12.770.13 TOTAL INVOICES $12.770.13 INOTE:WCi THRU 01/31/03 WCl: BILLED TO DATE WCl: PAID TO DATE ] $1,000,000 $1,000,000 Page 2 1611 COLLIER PARK OF COMMERCE OWNER'S ASSOCIATION C/O WELSH COMPANIES FL, INC. 2400 NINTH STREET NORTH SUITE 101 NAPLES, FL 34103 941-261-4744 Notice of Annual Meeting of Members of Collier Park of Commerce Owner's Association, Inc. February 26, 2003 Collier County 3301 Tamiami Trail North Naples, FL 34112 (Iota' 9, 19,21,20. 14 & 152 Dear Member: We are please to inform you of the Annual Meeting of Members of the Collier Park of Commerce Owner's Association. The meeting will be held on Tuesday, April 1, 2003, at 4:00 p.m. at 4001 Tamiami Trail North, Suite 350, Naples, Florida 34103. The Annual Meeting is held for the purpose of conducting any and all business which may properly come before the Board, including: Election of 2001 Board of Directors Any other Business We would like to know prior to the meeting how many members will be attending so we can make arrangements for sufficient seating. At the top of the enclosed proxy, there is a place where you can check ify0u plan to attend. Whether or not you plan to attend, please fill out, sign and return the enclosed proxy. If you attend the meeting, the proxy will be cancelled automatically. Please return the proxy to the below indicated address. Should you have any questions concerning the Owner's Association, please give me a call or you may call the Management Company, Welsh Companies, FL, Inc. (239-261-4744) Sincerely, .~? ~ Vice President Collier Park of Commerce Owner's Association 4001 Tamiami Trail North, Suite 350 Naples, Florida 34103 (239) 213-1600 h~isc. Corres: 1611 I (WE) PLAN TO ATTEND THE ANNUAL MEETING I (WE) DO NOT PLAN TO ATTEND THE ANNUAL MEETING PROXY The undersigned members(s) of Collier Park of Commerce Owner's Association, Inc., a Florida non-profit corporation, as the owner(s) of: Lot Number(s) and Address Owner Name Hereby appoint(s) (please check): The Association Secretary. Other (name): As my (our) proxy, in the name, place and stead of the undersigned, to attend the Annual Meeting of the Membership of the Association to be held on April 1, 2003 at 4:00 p.m. at Collier Park of Commerce Owner's Association, 4001 Tamiami Trail North, Suite 350, Naples, Florida 34103. This proxy shall be valid for the date of said meeting and any adjournment thereof, and the person designated herein shall have the right to cast my (our) vote at the meeting with all the powers the undersigned would possess if personally present. This proxy shall take precedence over any other proxy heretofore executed by the undersigned, empowering any other person to attend the vote as proxy. This proxy shall only be valid for the day of the Annual Meeting or any lawful adjournment thereof, and shall not be valid for a period longer than 11 months after the date of the Annual Meeting. This proxy shall be revocable at any time at the pleasure of the members(s) executing it, and, in any event, shall be automatically revoked and of no further effect in the event the undersigned, or any one of them, attends the Annual Meeting in person. Date: ,2003 Members Signature Print Name: Title: PLEASE BE SURE TO SIGN THIS PROXY AND RETURN IT TO: T. Chadwick Lund Vice President Collier Park of Commerce Owner's Association 4001 Tamiami Trail North, Suite 350 Naples, FL 34103 (239) 213-1600 AGENDA Collier Park of Commerce Owner's Association Annual Meeting of Members April 1, 2003 1611 II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. Election of chairman of the meeting, if required Call of the roll or certify of a quorum Proof of notice of meeting Reading or waiver of reading of any approved minutes Reports of officers: A. Treasure's Report B. Secretary's Report Reports or waiver of reports of committees Election or waiver of inspectors of election Election of directors Unfinished business New Business Adjournment Board of Director's meeting (immediately after general meeting) A. Election of officers B. New Business C. Adjournment COLLIER PARK OF COMMERCE OWNERS' ASSOCIATION, INC. MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS Friday, December 13, 2002 Naples, Florida 1611 The meeting was called to order by T. Chadwick Lund, Vice President of the Collier Park of Commerce Owners' Association, Inc., at 4:02 PM on December 13th, 2002, at 4001 Tamiami Trail North, Suite 350, Naples, Florida 34103. Attendees: Board Members: Markus Kastenholz, Secretary T. Chadwick Lund, Vice President Mike Sims, Assistant Secretary Property Owners: CPOC Realty LLC Lund/CPOC Development LLC Others: Aaron Schimmel, Welsh Companies SE, Inc. Lori Cook, Welsh Companies SE, Inc. Proof of Notice was reviewed and filed in the Collier Park of Commerce Minutes book. A motion to waive the reading of the prior meeting minutes was made by Mike Simms and seconded by Markus Kastenholz. Aaron Schimmel presented the proposed 2003 Operating Budget. The budget was amended to reflect the disbursement of the road improvement costs quarterly. A motion was made by T. Chadwick Lund to adopt the amended 2003 Operating Budget and seconded by Mike Simms. Additional new business discussed was the non-approved ownership entity change of Lot 33. The ownership entity changed from Michael Turnamian to Air Technology Holdings, LLC. A motion was made by T. Chadwick Lund to turn this over to the attorney, Troy Pudik. The motion was seconded by Markus Kastenholz. T. Chadwick Lund reported on behalf of the Design Review Board. The committee is awaiting receipt of the final draft or design of Collier County's proposed building. It is not known at this time whether the building will be one or two stories high. Also, Air Technology's building is open for further review. Neither of the two proposed buildings have received final approval by the Design Review Board. 1611 Several notices concerning the neglect of the landscaping and building located on Replat 1, Lot 7 have been sent from the management office to the property owner, M D Johnstin, Inc., without response. Mike Sims made a motion to have the landscape company that takes care of the common areas of the Association service this property and submit the invoice to the property owner for payment. T. Chadwick Lund seconded this motion. Old business discussed included the announcement by T. Chadwick Lund that the Site Development Plan for the park has been approved and recorded with the County, reducing the open space requirements by as much as 10%. The North Horseshoe road improvements are currently on hold. It has been noted, however, that Sprint and FPL have moved their utilities in anticipation of the improvements. The Transfer Road improvements are scheduled to start in February, 2003 and are expected to be completed in about four months. The property owners have been assessed for the Road Improvement Project. They were given several options of paying theses assessments. Property owners can either pay the full assessment in one lump sum, monthly payment or quarterly payments. Currently, State Farm Insurance, CPOC Realty LLC and Lund/CPOC Development LLC have paid the assessment in full. Phase II of the dredging of the drainage swales will be completed the first quarter of 2003, before the start of "rainy season." There being no further business of the Association presented, a motion to adjorned the meeting was made at 4:18 PM by Markus Kastenholz and seconded by T. Chadwick Lund. ~'President 1611 ACTION TAKEN BY THE BOARD OF DIRECTORS OF COLLIER PARK OF COMMERCE OWNERS' ASSOCIATION, INC. The undersigned, being all of the Directors of Collier Park of Commerce Owners' Association, Inc., a Florida nonprofit corporation (the :"Association"), do hereby take the following action at a special meeting of the Board of Directors held on Friday, December 13th, 2002, at 4:00 p.m. at 4001 Tamiami Trail North, Suite 350, Naples, Florida 34103: RESOLVED, that the 2003 annual operating budget for the Association attached hereto is approved; RESOLVED, that the officers of the Association be and are hereby authorized to levy and assess each Member of the Association a Regular Assessment consistent with said 2003 annual operating budget. Dated this day of January, 2003. ~nr cP. ark of Fiala J ~ - Halas '- ~r'J -- Henning-- ~,/ _ Coyle - t,/ Colette AGENDA 1611 COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MARCH 6, 2003 1N THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEAR1NG. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. APPROVAL OF MINUTES- FEBRUARY 6, 2003 5. PLANNING COMMISSION ABSENCES 6. BCC REPORT- RECAPS- FEBRUARY 11, 2003 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS BD-2002-AR-3324, Michael Hawkins, of Turrell & Associates, representing Charles Wilson, requesting an extension for a boat dock facility protruding a total of 39 feet into the waterway for property located at 168 Venus Cay, further described as Lot 58, Port of the Islands (The Cays) Phase II, Section 9, Township 52 South, Range 28 East, Collier County, Florida. (Coordinator: Ross Gochenaur) VA-2002-AR-3379, Aquatic Architechs, Inc., representing Kris and Jodi Anderson, requesting a 1.8-foot variance from the required 10-foot rear yard setback for property located at 349 Wimble'dcm ~_~,ne,, further described as Lot 39, Block B, Berkshire Lakes Umt 1, Sectmn 32, Township 49 South, Range 26 Eas~, ~'I~'~6r ~C~6unty, Florida. (Coordinator: Michael DeRuntz)b,.~'~' :.,~.'"" 3 '~ I ~/~ 1611 10. 11. 12. 13. VA-2002-AR-3418, Roland and Stella Ricard, requesting a variance from the required 20-foot rear yard setback to 18.5 feet for property located at 109 Bordeaux Circle, further described as Lot 489, Riviera Golf Estates Unit 2, Section 17, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Michael DeRuntz) Do PUDZ-2002-AR-3095, Alan Reynolds, of Wilson Miller, Inc., representing Levitt and Sons, LLC, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Livingston Village PUD for a maximum of 590 residential dwelling units for property located on the east side of Livingston Road north of Wyndemere Country Club in Section 19, Township 49 South, Range 26 East, consisting of approximately 1494- acres. (Coordinator: Ray Bellows) OLD BUSINESS NEW BUSINESS: PUBLIC COMMENT ITEM DISCUSSION OF ADDENDA ADJOURN ccPc AGENDA/SM/lo/3-06-03 Fiala Halas Henning" Coyle Coletta .. ¢OLLTER COUNTY LIBRARY AbVTSORY BOARD Wednesday, February 26, 2003 Headquarters Library A~ENDA Call to order Approval of Minutes Literacy Program Report Reports of Officers Communications a: Written b: Personal Unfinished Business: :[. Employee of the Month 2. 3. New Business General Considerations Director's Report Report of the Friends Adjournment Immokalee Library Construction Advisory Board Review - Report to the BCC 1611 Naples, Florida, January 22, 2003 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: CHAIR: Jaculyn K. Dering VICE-CHAIR: Doris J. Lewis Sabina Musci Diane Williams ALSO PRESENT: John W. Jones, Library Director Marilyn Matthes, Assistant Director Roberta Reiss, Literacy Coordinator Luz Pietri, Administrative Assistant APPROVAL OF MINUTES Mrs. Dering asked for comments or corrections to the minutes of December 18, 2002. There being none, Mrs. Lewis moved, seconded by Mrs. Williams and carried unanimously, that the minutes be approved as submitted. Mrs. Roberta Reiss, Literacy Coordinator, reported that the Verizon Grant had arrived. She also stated that new tutors are in training and that tutor recruitment is going well. She felt that due to the Library's Newsletter on the website, it has helped tremendously in recruiting new tutors. The schedule of meetings for the year 2003 was presented to the Board. Mrs. Lewis moved, seconded by Ms. Musci and carried unanimously, for approval of the schedule. REPORTS OF OFFICERS - None COMMUNICATIONS Ms. Musci commented that a member of the Friends of the Library had expressed her disappointment at not being able to get tickets for some of the Festival of the Humanities Programs. Mr. Jones responded that there was no easy solution to that problem because those tickets were sold on a first-come first-served basis only. UNFINISHED BUSINESS The Board reviewed the nominations submitted for selection of the Library's Employee of the Month. Mrs. Lewis moved, seconded by Mrs. Williams and carried unanimously, to select Louise Bergeron, Library Assistant at the Golden Gate Branch, as Employee of the Month for January 2003. Mr. Jones informed the Board that the groundbreaking for the Immokalee Library construction would be held on January 13th, 2003 at 1:00 p.m. He invited all members to attend. Construction should start in mid-February and should be done by mid-summer. The Library will probably be closed for two weeks. Mr. Jones also reported that the expansion of the Golden Gate Branch is being planned for the summer of 2004. The Board discussed another minor change in the Library Policies. They will now go the County Attorney for his approval. NEW BUSINESS The Board reviewed the nomination of Mr. Tom Siemianowski for District 1 of the Library Board vacancy. Ms. Musci moved, seconded by Mrs. Lewis and carried unanimously, to recommend his selection to the Board. Mr. George Williams, a Library patron, spoke to the member of the Board. He had donated a one-year subscription to Sobran's Newsletter to the Naples Branch. He urged them to continue to subscribe to it permanently. Mr. Jones responded that the Library would review its demand for it and would decide whether to continue the subscription later this year. GENERAL CONSIDERATIONS - None DIRECTOR'S REPORT - None REPORT OF THE FRIENDS - None ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Lewis moved, seconded by Mrs. Williams and carried unanimously, that the meeting be adjourned. Time: 3:55 p.m. Fiala Halas Henning Coyle Coletta DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA March 5, 2003 3:30 p.m. Approval of Agenda- Minutes- February 5th, Meeting Staff Announcements A. Development Services Update B. Transportation Division Update C. Public Utilities Division Update III. Old Business 1611 V. Subcommittee Reports A. Land Development Regulation (Justin Martin) B. Construction Code (Dino Longo) C. Utility Code (Tom Masters) D. Ad Hoc Committee on Fees VI. New Business A. Sub-Committee Appointments B. Subdivision and Site Development Plan Approval Process (letter) VII. Committee Member Comments COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE MEETING OF: FEBRUARY 20, 2003 1611 The meeting was called to order by Carol Pahl, Chairperson. Voting Members Present: Carol Pahl, Chairperson Robert Burhans, Vice-Chair James Elson Charles, Graves Deborah Horvath Walter Jaskiewicz Nelda Miller Robert Rohland Gerald Sugarman Fiala Halas Henning Coyle Coletta Voting Members Absent: Tom Kuznar Chief Donald Peterson The minutes of January 23, 2003 were approved with a change to page 5 as follows: Underwater Safety Program for Elementary students should be On the Water Safety Program. Joe Irene was introduced - representing Neighborhood Watch as a non-voting member. David George was introduced. Mr. George is a Biochemist and has volunteered his services to the County and the Sheriff's Office. Current Threat Update was given by Jim von Rinteln, Emergency Management. The National Threat level is Orange. Handouts were distributed regarding the current efforts to educate the public on preparedness and local training opportunities. Members should be looking for opportunities to get the message out to the public. County Staff can help with press releases. Members were invited for a short tour of the County's Emergency Operations Center after the close of today's meeting. Orientation Briefings were given by Deborah Horvath, American Red Cross and Commander Thomas White, Collier County Emergency Medical Services. The possibility of holding future meetings at the local headquarters of the committee members and touring those facilities was discussed and will be considered for future meetings. Grants Update: Marlene Foord, Collier County Grants Coordinator, was unable to attend today's meeting but did send a "grants update" and a report on her attendance at the Homeland Defense Training Conference in Washington, DC. Members are requested to provide Emergency Management with your organization's activities are at the various Homeland Security Advisory levels and what type of support your organization will or may need from Collier County at the various Advisory levels. The next meeting of the Citizens Corps Advisory Committee will be Thursday, M~rch 2Qth at 3:00 pm in the Board Room, W. Harmon Turner Bldg. ~..-:..:: 3 [~,~~ Meeting adjourned. 1611 Citizen Corps Advisory Committee Agenda February 20, 2003 3:00 3'15 3:20 3:30 Pledge of Allegiance -Opening Remarks -Roll Call Approval of Minutes Threat Update New Business Orientation Briefings · Chairman Chairman Emergency Management Chairman American Red Cross - Debbie Horvath 3:45 Old Business Chairman · Grants Update - Marlene Ford, Collier County Grant Coordinator 4:00 4:30 4:40 Other Issues Next Meeting/Adjourn (March 20th ~ 3:00pm) EOC Tour Chairman Jim von Rinteln HOLD THIS DATE! MAY 28-29, 2003 The 9th Annual South Florida Hurricane Conference Broward County Convention Center Ft. Lauderdale, Florida "Homeland and Hurricanes: The Winds of Change" Don't miss this year's Conference! It's going to be better than ever, with: Prominent guest speakers with the latest information Training sessions and workshops on valuable and exciting topics Luncheon and Awards Ceremony Flew products from industry leaders Watch for your registration packet in the upcoming weeks! For information, contact (934) 831-3900 SFHC c/o Brow~rd Emersency I~lanagement Agency 201 N.W. 84 Avenue Plantation, FL 33324 PLEASE PLACE STAMP HERE 1611 American Red Cross Disaster Services An American Red Cross mobile service center stationed at the Pentagon Sept. 18 is one small part of the caring relief services you can expect from the Red Cross in any disaster. D,evastating acts, such as the terrorist attacks on the World Trade Center and the Pentagon, have left many concerned about the possibility of future incidents in the United States and their potential impact. They have raised uncertainty about what might happen next, increasing stress levels. Nevertheless, there are things you can do to prepare for the unexpected and reduce the stress that you may feel now and later should another emergency arise. Taking preparatory action can reassure you and your children that you can exert a measure of control even in the face of such events. © 2001 by the American National Red Cross. All rights reserved. · 1611 Children should know their family members' phone numbers and e-mail addresses. The information should be carried with them to school and easy for them to find at home. WHAT YOU I~AN DO TEl PREPARE Finding out what can happen is the first step. Once you have determined the events possible and their potential in your commu- nity, it is important that you discuss them with your family or household. Develop a disaster plan together. 1. CREATE AN EMERGENCY COMMUNICATIONS PLAN. Choose an out-of-town contact your family or household will call or e-mail to check on each other should a disaster occur. Your selected contact should live far enough away that they would be unlikely to be directly affected by the same event, and they should know they are the chosen contact. Make sure every household member has that con- tact's, and each other's, e-mail addresses and telephone numbers (home, work, pager and cell). Leave these contact numbers at your children's schools, if you have children, and at your workplace. Your family should know that if telephones are not working, they need to be patient and try again later or try e-mail. Many people flood the telephone lines when emergencies happen but e-mail can sometimes get through when calls don't. 2. ESTABLISH A MEETING PLACE. Having a predetermined meeting place away from your home will save time and minimize confusion should your home be affected or the area evacuated. You may even want to make arrangements to stay with a family member or friend in case of an emergency. Be sure to include any pets in these plans, since pets are not permitted in shelters and some hotels will not accept them. 3. ASSEMBLE A DISASTER SUPPLIES KIT. If you need to evacuate your home or are asked to "shelter in place," having some essential supplies on hand will make you and your family more comfortable-- · Prepare a disaster supplies kit in an easy- to-carry container such as a duffel bag or small plastic trash can. · Include "special needs" items for any household member (infant formula or items for people with disabilities or older people), first aid supplies (including prescription medications), a change of clothing for each person, a sleeping bag or bedroll for each, a battery powered radio or television and extra batteries, food~. bottled water and tools. · It is also a good idea to include some cash and copies of important family documents (birth certificates, passports and licenses) in your kit. Copies of essential documents--like powers of attorney, birth and marriage certificates, 1611 insurance policies, life insurance beneficiary designations and a copy of your will-- should also be kept in a safe location outside your home. A safe deposit box or the home of a friend or family member who lives out of town is a good choice. For more complete instructions, ask your local Red Cross chapter for the brochure titled Your Family Disaster Supplies Kit (stock number A4463):~ 4. CHECK ON THE SCHOOL EMERGENCY PLAN OF ANY SCHOOL-AGE CHILDREN YOU MAY HAVE. You need to know if they will keep children at school until a parent or designated adult can pick them up or send them home on their own. Be sure that the school has updated information about how to reach parents and responsible caregivers to arrange for pickup. And, ask what type of authoriza- tion the school may require to release a child to someone you designate, if you are not able to pick up your child. During times of emergency the school telephones may be overwhelmed with calls. For more information on putting together a disaster plan, request a copy of the brochure titled Your Family Disaster Plan (A4466)* from your local American Red Cross chap- ter. You may also want to request a copy of Be[ore Disaster Strikes... How to Make Sure You're Financially Prepared (A5075)* for specific information on what you can do now to protect your assets. Documents are available at www.redcross.org/disaster/beprepared/ At the American Red Cross Family Assistance Center near the Pentagon, a Red Cross volunteer comforts the family member of someone killed in the attack. IF DI,..~A,.~TER -¢ATRIKES · Remain calm and be patient. · Follow the advice of local emergency officials. · Listen to your radio or television for news and instructions. · If the disaster occurs near you, check for injuries. Give first aid and get help for seriously injured people. · If the disaster occurs near your home while you are there, check for damage using a flashlight. Do not light matches or candles or turn on electrical switches. Check for fires, fire hazards and other household hazards. Sniff for gas leaks, starting at the water heater. If you smell gas or suspect a leak, turn off the main gas valve, open windows, and get ev~;ryone outside quickly. · Shut off any other damaged utilities. · Confine or secure your pets. · Call your family contact--do not use the telephone again unless it is a life- threatening emergency. · Check on your neighbors, especially those living alone, elderly or disabled. A WORD ON WHAT COULD HAPPEN As we learned from the events of September 11, 2001, the following things can happen after a terrorist attack: · There can be significant numbers of casual- ties and/or damage to buildings and the infrastructure. So employers need up-to- date inforroation about any medical needs you may have and on how to contact your designated beneficiaries. · Heavy law enforcement involvement at local, state and federal levels follows a terrorist attack due to the event's criminal nature. · Health and mental health resources in the affected communities can be strained to their limits, maybe even overwhelmed. · Extensive media coverage, strong public fear and international implications and consequences can continue for a prolonged period. · Workplaces and schools may be closed, and there may be restrictions on domestic and international travel. · You and your family or household may have to evacuate an area, avoiding roads blocked for your safety. · Clean-up may take many months. EVACUATION If local authorities ask you to leave your home, they have a good reason to make this request, and you should heed the advice immediately. Listen to your radio or TV, follow the instructions of local emergency officials and keep these simple tips in mind-- · Wear long-sleeved shirts, long pants and sturdy shoes so you can be protected as much as possible. · Take your disaster supplies kit. · Take your pets with you; do not leave them behind. Because pets are not permitted in public shelters, follow your plan to go to a relative's or friend's home, or find a "pet-friendly" hotel. · Lock your home. · Use travel routes specified by local authori- ties---don't use shortcuts because certain areas may be impassable or dangerous. · Stay away from downed power lines. Listen to local authorities. They will provide you with the most accurate information spe- cific to an event in your area. Staying tuned to local radio and television, and following their instructions is your safest choice. If you're sure you have time: · Call your family contact to tell them where you are going and when you expect to arrive. · Shut off water and electricity before leav- ing, if instructed to do so. Leave natural gas service ON unless local officials advise you otherwise. You may need gas for heat- ing and cooking, and only a professional can restore gas service in your home once it's been turned off. In a disaster situation it could take weeks for a professional to respond. A disaster supplies kit, with items like those shown and a radio and extra batteries, is an essential resource in times of emergency. SHELTER IN PLACE If you are advised by local officials to "shelter in place," what they mean is for you to remain inside your home or office and protect your- self there. Close and lock all windows and exterior doors. Turn off all fans, heating and air conditioning systems. Close the fireplace damper. Get your disaster supplies kit, and make sure the radio is working. Go to an interior room without windows that's above ground level. In the case of a chemical threat, an above-ground location is preferable because some chemicals are heavier than air, and may seep into basements even if the windows are closed. Using duct tape, seal all cracks around the door and any vents into the room. Keep listening to your radio or television until you are told all is safe or you are told to evacuate. Local officials may call for evacuation in spe- cific areas at greatest risk in your community. ADDITIONAL POSITVV-E STEPS YOU CAN TAKE Raw, unedited footage of terrorism events and people's reaction to those events can be very upsetting, especially to children. We do not recommend that children watch television news reports about such events, especially if the news reports show images over and over again about the same incident. Young children do not realize that it is repeated video footage, and think the event is happen- ing again and again. Adults may also need to give themselves a break from watching disturbing footage. However, listening to local radio and television reports will pro- vide you with the most accurate information from responsible governmental authorities on what's happening and what actions you will need to take. So you may want to make some arrangements to take turns listening to the news with other adult members of your household. Another useful preparation includes learning some basic first aid. To enroll in a first aid and AED/CPR course, contact your local American Red Cross chapter. In an emer- gency situation, you need to tend to your own well-being first and then consider first aid for others immediately around you, including possibly assisting injured people to evacuate a building if necessary. People who may have come into contact with a biological or chemical agent may need to go through a decontamination procedure and receive medical attention. ~isten to the advice of local officials on the radio or tele- vision to determine what steps you will need to take to protect yourself and your family. As emergency services will likely be overwhelmed, only call 9-1-1 about life- threatening emergencies. 1611 FIRST AID PRIMER If you encounter someone who is injured, apply the emergency action steps: Check- Call-Care. Check the scene to make sure it is safe for you to approach. Then check the victim for unconsciousness and life- threatening conditions. Someone who has a life-threatening condition, such as not breathing or severe bleeding, requires imme- diate care by trained responders and may require treatment by medical professionals. Call out for help. There are some steps that you can take, however, to care for someone who is hurt, but whose injuries are not life threatening. CONTROL BLEEDING · Cover the wound with a dressing, and press firmly against the wound (direct pressure). · Elevate the injured area above the level of the heart if you do not suspect that the victim has a broken bone. · Cover the dressing with a roller bandage. · If the bleeding does not stop: - Apply additional dressings and bandages. - Use a pressure point to squeeze the artery against the bone. · Provide care for shock. CARE FOR SHOCK · Keep the victim from getting chilled or overheated. · Elevate the legs about 12 inches (if broken bones are not suspected). · Do not give food or drink to the victim. TEND BURNS · Stop the burning by cooling the burn with large amounts of water. · Cover the burn with dry, clean dressings or cloth. CARE FOR INJURIES TO MUSCLES~ BONES AND JOINTS · Rest the injured part. · Apply ice or a cold pack to control swelling and reduce pain. · Avoid any movement or activity that causes pain. · If you must move the victim because the scene is becoming unsafe, try to immobilize the injured part to keep it from moving. BE AWARE OF BIOLOGICAL/RADIOLOGICAL EXPOSURE · Listen to local radio and television reports for the most accurate information from responsible governmental and medical authorities on what's happening and what actions you will need to take. · The Web sites referenced at the end of this brochure can give you more information on how to protect yourself from exposure to biological or radiological hazards. REDUCE ANY CARE RISKS The risk of getting a disease while giving first aid is extremely rare. However, to reduce the risk even further: · Avoid direct contact with blood and other body fluids. · Use protective equipment, such as dispos- able gloves and breathing barr~rs. · Whenever possible, thoroughly wash your hands with soap and water immediately after giving care. It is important to be prepared for an emer- gency and to know how to give emergency care. Supplies for rescue workers at the Pennsylvania crash site on Sept. 13. The Red Cross quickly mobilizes food, beverages and other relief supplies to almost any location for as long as they are needed. MORE INFORMATION All of these recommendations make good sense, regardless of the potential problem. For more information on how to get ready for disaster and be safe when disaster strikes, or to register for a first aid and AED/CPR course, please contact your local American Red Cross chapter. You can find it in your telephone directory under "American Red Cross" or through our home page at www. redcross.org under "your local chapter." For information about your community's specific plans for response to disasters and other emergencies, contact your local office of emergency management. For information on what a business can do to protect its employees and customers as well as develop business continuity plans, see www. redcross.org/services/disaster/beprepared or request a copy of the Emergency Management Guide for Business and Industry and/or Preparing Your Business for the Unthinkable from your local American Red Cross chapter. For more information about the specific effects of chemical or biological agents, the following Web sites may be helpful: Centers for Disease Control and Prevention www. bt.cdc.gov U.S. Department of Energy www. energy, gov U.S. Department of Health and Human Services www. hhs.gov Federal Emergency Management Agency www. rris.fema.gov Environmental Protection Agency www. epa.gov/swercepp American Red Cross Together, we can save a li~ www. redcross.org AMERICAN RED CROSS '~ 2610 NORTHE~ROOKE PLAZA DR, NAPLES, FL 34119 PHONE: 941-596-6868 ~ A1366 Oct. 2001 Your. ", Fam.ly DiOr Supplies [isasters happen anytime and any- ~ where. And when disaster strikes, you may not have much time to respond. A highway spill of haz- ardous material could mean instant evacuation. After a disaster, local officials and relief workers will be on the scene, but they cannot reach everyone immediately. You could get help in hours, or it may take days. Would your family be prepared to cope with the emergency until help arrives? Your family will cope best by preparing for disaster before it strikes. One way to prepare is by assembling a Disaster Supplies Kit. Once disaster hits, you won't have time to shop or search for supplies. But if you've gathered supplies in advance, your family can endure an evacua- tion or home confinement. A winter storm could confine your family at home. An earthquake, flood, tornado or any other disaster could cut off basic services--gas, water, electricity and telephones--for days. To prepare your kit · Review the checklist in this brochure. · Gather the supplies that are listed. You may need them if your family is confined at home. · Place the supplies you'd most likely need for an evacuation in an easy-to-carry container. These supplies are listed with an asterisk (*). AmerJcal~n Red Cross Tools and Supplies [] Mess kits, or paper cups, plates and plastic utensils* [2] Emergency preparedness manual* [] Battery operated radio and extra batteries* [] Flashlight and extra batteries* [] Cash or traveler's checks, change* [] Non-electric can opener, utility knife* [21 Fire extinguisher: small canister, ABC type [] Tube tent [] Pliers [] Tape [] Compass [] Matches in a waterproof container [] Aluminum foil [] Plastic storage containers [] Signal flare [~ Paper, pencil [] Needles, thread [~1 Medicine dropper [] Shut-off wrench, to mm off household gas and water [~ Whistle [] Plastic sheeting [] Map of the area (for locating shelters) Sanitation [] Toilet paper, towelettes* [] Soap, liquid detergent* [] Feminine supplies* [] Personal hygiene items* [] Plastic garbage bags, ties (for personal sanitation uses) [] Plastic bucket with tight lid [] Disinfectant [] Household chlorine bleach Clothing and Bedding *Include at least one complete change of clothing and footwear per person. [] Sturdy shoes or work boots* [] Hat and gloves [] Ram gear* [] Thermal underwear [] Blankets or sleeping bags* [] Sunglasses Special Items Remember family members with special needs, such as infants and elderly or disabled persons. For Baby* [] Formula [] Diapers [2] Bottles [] Powdered milk [] Medications For Adults* [] Heart and high blood pressure medication [] Insulin [] Prescription drugs [21 Denture needs [] Contact lenses and supplies [] Extra eye glasses [] Entertainment- games and books. [] Important Family Documents Keep these records in a waterproof, portable container. · Will, insurance policies, contracts, deeds, stocks and bonds · Passports, social security cards, immunization records · Bank account numbers · Credit card account numbers and companies · Inventory of valuable household goods, important telephone numbers · Family records (birth, marriage, death certificates) 1611 Store your kit in a convenient place known to all family members. Keep a smaller version of the Disaster Supplies Kit in the trunk of your car. · Keep items in air tight plastic bags. · Change your stored water supply every six months so it stays fresh. · Rotate your stored food every six months. · Re-think your kit and family needs at least once a year. Replace batteries, update clothes, etc. · Ask your physician or pharmacist about storing prescription medications. COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE MEETING OF: JANUARY 23, 2003 Meeting was called to order by Carol Holle Pahl, Chairperson Present: Carol Holle Pahl, Chairperson Tom Kuznar, Civil Air Patrol Gerald Sugarman, RSVP Robert Burhans, Collier County Sheriff's Office Nelda Miller, CERV Walter Jaskiewicz, Coast Guard Auxiliary Robert Rohland, Salvation Army Charles Graves, Greater Naples Chamber James Elson, Collier County Veterans Council 1611 Absent: Deborah Horvath, American Red Cross Chief Don Peterson, Collier Fire Chiefs Association - represented by Rob Potteiger Approval of minutes - December 19, 2002. No additions or corrections to minutes, motion made to approve the minutes, seconded, and committee voted to accept the minutes. Threat update, Jim von Rinteln, Emergency Management Two documents outlining the status of threat were brought to the meeting and are available for the members. Currently the country is at a "Yellow" threat level with no specific threats to Florida or the Nation at this time. With the on-going situation with Iraq, this could change. New Business: Introduction of a new non-voting member: Skip Sweikert, representing Neighborhood Watch. Committee Procedures: 1. 2. Walter Jaskiewicz, Coast Guard Auxiliary, would like to clarify meetings are conducted under "Roberts Rules" Due date to submit agenda items. 10 days was suggested to insure enough time to, ideally, get the agenda to the committee members a week before a scheduled meeting. Additional items could be added at the discretion of the chairperson. Legal Considerations The County has been holding seminars on the Sunshine Law, Ethics and Public Records. There will be one held in February and anyone interested in attending can call the County Attorney's Office, 774-8400 for more information. Jim von Rinteln: Regarding the questions about the make up of sub-committees, I talked with the County Attorney's Office. If the sub-committees or "working groups" have only one voting member, the sub-committee meetings do not have to comply with the Sunshine Law. Because only one voting member is involved, the sub-committee meetings do not have to be advertised or minutes taken. The Grants working group will need to be reformed with just one voting member and non-voting members or other volunteers. Jennifer Belpedio, Asst. County Attorney: Jim has done an excellent job explaining the Sunshine Law provisions. One caution: As a board, you need to give the working groups specific criteria and direction. Decision making authority cannot be delegated to a working group. Decide, in advance, what you want to see or accomplish. With no criteria, there is a potential for the Grants working group member, consciously or subconsciously, to decide what the best grant would be. Set a dollar limit and decide what sort of grants you want to pursue or, just pursue all grants and have the working group bring you all grant applications applicable to the committee. Do you have any questions?. Carol Holle Pahh We have a grant request that has been turned into the committee and given to Marlene Foord, Grants Coordinator today. What would your advise be? We have a grant request in hand. How should we proceed? Jennifer Belpedio: It's best that you discuss whether or not you want to consider that grant. The person picking the grant was not in the working group or part of the committee? Correct" Carol Holle Pahh No, I am the person requesting the grant and it is for all of the CERT Teams in Collier County and was put together by the North Naples Fire Department. it covers all Fire Departments in Collier County that have CERT Teams. Jennifer Belpedio: I do not see a problem with considering that as a possible grant. You can send others out, as part of a working group to find grants and then consider them all together at one meeting. If you would like to discuss amongst yourselves just what criteria you would like direct this person, you may do that. You may decide that you don't want the working group member to pursue grants that are less than say $10,000. You can decide what you would like to do and then direct the working group member to bring you items that fit within your criteria. Jim yon Rinteln: This is a CERT grant and there already is an established protocol within CERT. It is not necessarily one for the Citizens Corps at large. Hopefully, it will affect 2 the Citizens Corps. At this point, there is any business before the Citizens Corps regarding that specific granL Walter Jaskiewicz: So that I understand the procedure on filing for a grant a bit better, if there was one to be submitted today, where would it go? Carol Holle Pahl: As I understand it, it would go to Marlene Foord. Jim von Rinteln: What we are looking for are specific grant opportunities that the Citizens Corps, as a body, would qualify for as opposed to one of the committee entity. Business before this group would be Citizens Corps or Homeland Defense grants. Grants where there would need to be cooperation between one or more of the entities that make up the Citizens Corps. The Committee should focus on grants where we could help each other, or pool assets or pool needs and, should the grant be received, the equipment or money that would be shared - those are the type of item that would come before the Committee. Walter Jaskiewicz: The reason I ask, is that ! have an application right here. Actually, a request to see if it would meet the criteria of what we are trying to do so that, perhaps, we could use this as an example. Jim von Rinteln: We could bring it up as new business at the next meeting with the protocol in mind. Walter Jaskiewicz: Would the County Grants Department be able to help the individual organizations like the Coast Guard Auxiliary, Civil Air Patrol, etc. to see if there are grants available that would fit the criteria Jim von Rinteln: We have Marlene Foord, County Grant Coordinator is present and Marlene is scheduled to attend a seminar in Washington on Homeland Defense grant opportunities. She will also help with the working group after it is set up. Question: Where do the applications come from for the committee to pursue? Jim von Rinteln: That's what we are trying to establish. The working group would look for those opportunities and bring them to the Committee. The Committee would decide it had merit and wanted to proceed. The Committee needs to decide the protocol for this. Carol Holle Pahl: Marlene, are you going to be going to Washington this month? Before our next meeting? Marlene Foord, Collier County Grants Coordinator: ! will be going on February 5th. I will try to have a report for you at you next meeting. Orientation Briefings: attend today's meeting. Deborah Horvath, American Red Cross, was unable t,l 6 ~ 1 Salvation Army - Robert Rohland Salvation Army provides: Disaster Services: Support to Emergency Responders during such events as brush fires, incidents such as recently occurred on 1-75, inclement weather, etc. Has the ability to call in additional help from the surrounding counties. Emergency Social Services: The homeless or the hungry are provided with food, clothing and emergency household items. The Holiday Cheer program served 7,300 individuals in Collier County at Christmas. A 60% increase over last year. Helped with clothing, toys and food items. We make sure that as many as possible had a good meal and presents to open during the holidays. Transitional Living Center: Housing fbr homeless women and children. Child Day Care: Provides care for 44 children under age 5,the after school program provides care for 45 children ages 6 - 12, and a Summer Day Camp which serves many of the same children during the summer. Character Building Programs for youth in the afternoon & evenings. Programs are similar to scouting programs with youth retreats and camping experiences. Outreach to Senior Citizens: for activities and a hot lunch. socialize. Senior Citizens come to the center every other week It is an opportunity for these people to get out and Thrift Store donations support the programs offered by the Salvation Army~ Walter Jaskiewicz - Coast Guard Auxiliary representing the Marco Island, Naples and Wiggins Pass Flotillas with close to 300 personnel. The Naples Flotilla is 50 years old and is the oldest Flotilla in Florida. They were the Coast Guard when there was no Coast Guard here. The Coast Guard Auxiliary is an entity of the United States Coast Guard and provides: Boating Safety Classes Vessel Inspections and is currently freeing Coast Guard Personnel from certain duties, freeing them for other duties. The Auxiliary inspects channel markers monthly 1611 AOR - area of responsibility is 180 sq miles that includes the 10,000 Islands Has just completed a 26 month project which found new channels and waterways and took depths. This information was submitted to the Coast Guard which will send it to NOAA. Marine Safety: the Coast Guard had one officer located in St Petersburg responsible for pollution inspections for the whole coast. That has been turned over to the Auxiliary. Radio Watch Standing: 70% of the watch standing done at the Ft Myers Coast Guard Station is done by Auxiliary members. Auxiliarists act as crew and mechanics on the Coast Guard Cutters The Auxiliary is very involved in Tampa Bay and patrolling the harbor. A Draft Team has been set up in Collier County. We have facilities able to go out on the water and maintain a vigilance for seven days with a crew of 5. Maintains a Disaster Plan which includes plans for Collier County and Marco Island and the services we have to assist. The Auxiliary has set up a Large Radio Net - which is now tested monthly instead of every three months. The signal starts in St Petersburg and extends to Marco Island. Underwater Safety Program for Elementary students. Search & Rescue. Three patrol boats are out on Saturday & Sunday to assist boaters. Old Business: Marlene Foord, Grants Coordinator spoke under New Business Other Issues: The working groups formed at earlier meetings will need to be reformed to include only one voting member. Jim von Rinteln: I would like to establish who the member of the Grants working group would be. We had several interested members. The voting member should have some free time to spend with Marlene to see what may be available and put some strategies together. 1611 Carol Holle Pahl: It looks like everybody who volunteered are pretty heavily scheduled. Jim yon Rinteln: That person would not necessarily be doing a lot of work, but would be the point of contact for the membership. By volunteering to head the working group you wouldn't be volunteering to do the grants but working with the other group members and be the liaison to the Committee. The other working groups can be formed as needed. Carol Holle Pahl: I would like two volunteers to give presentations on their organizations for next month's meeting. Nelda Miller, CERV and Gerry Sugarman, RSVP will give presentations at the next meeting. Carol Holle Pahl: Any other business or does anyone wish to speak? The next meeting will be February 20th at 3:00 pm. Are there any conflicts? Tom Kuznar: Will be unable to attend but will send a substitute. Carol Holle Pahl: Do I have a motion to adjourn? Motion to adjourn made, seconded and approved. 6 Ready.gov - From the U.S. Depaament of Homeland SecufiW Home I Text Only Version I Glossary I Additional Languages Page 1 of 1 Thursday, February' search I ~ Overview ~ Make a Kit · 1 Hake a Plan I Be Znformed -..> Biological Threat -..> Chemical Threat -..> Explosions -..> Nuclear Blast -..> Radiation Threat m make Don, be afraid... Be Ready Preparing Makes Sense. Get an Overview MAKE A KIT of emergency supplies Water & Foo~l Clean Air First Aid Kit Supply Checklists Special Needs Items MAKE A PLAN for what you will do in an emergency Creating a Family Plan Deciding to Stay or Go At Work and School In a Moving Vehicle In a High-Rise Building BE INFORMED about what might happen Biological Threat I Chemical Threat I Explosions Nuclear Blast I Radiation Threat Get the Broch View and print a co[ our brochure "Prep~ Makes Sense. Get R Now." Download PDF or call 1-800-BE-R Useful Links · "> Get involved Citizen Corps · -'> Get training American Red Cr · --> In your area State Agencies Home I Text Only Version I Glossary I Additional Languages About Ready,gov I Useful Links I Feedback I Privacy I Terms I Accessibility Ready.gov is Sponsored by the U.S. Department of Homeland Security, h~p://www.ready.gov/ 2/20/2003 'Ready Campaign' Unveiled (washingtonpost.com) '"'~ ~Page 1 of 3 1611 , E-MAIL NEWSLETTERS I ARCHIVES News Home Page Nation National Security Science Courts Columns Search the States Special Reports America at War - Bioterrorism Homeland Security - Investigation - Opinion - The Human Toll - Retaliation - September 11 Photo Galleries Live Online Nation Index World Metro Business Technology Sports Style Education Travel Health Real Estate Home & Garden Food Opinion Weather Weekly Sections News Digest Classifieds Print Edition Archives Site Index SEARCH: INews ~ I 'Ready Campaign' Unveiled Ads Urge Education and Preparedness Against Attacks By dohn Mintz Washington Post Staff Writer Thursday, February 20, 2003; Page A02 The Homeland Security Department unveiled a major new advertising campaign yesterday that uses television, radio, newspapers and billboards to urge Americans to prepare for possible terrorist attacks and educate themselves about the differences between chemical, biological and nuclear weapons. The highly polished campaign, which begins today in some cities, features New York City firefighters and police officers encouraging the public to take the terrorist threat seriously without panicking. The campaign conveys much the same information as homeland security officials publicized at a news conference Feb. 10. But the earlier announcement generated confusion and concern because of a recommendation that people consider buying duct tape and plastic sheeting to construct safe rooms in their homes as a precaution against a chemical attack. Last week's announcement was hurriedly scheduled three days after the government raised the terrorist threat level to "high risk," and was not as carefully scripted as the full-blown public education project announced yesterday. Called the "Ready Campaign," it was a year in the planning -- including intensive consultation with focus groups -- and will last for years, U.S. officials said. Search C advertisement Homeland Security Secretary Tom Ridge far left, watches an ad with officials in Cir (David Kohl -- AP) AMERICA AT WA! SPECIAL REPORT Find Post Stories by Topic: IHomeland Security ~ Search Story Archive by Keywo I Advanced Search "Terrorists seek to turn our neighborhoods into battlefields," Homeland Security Secretary Tom Ridge said in a speech -- Guide -- Personal Preparedness Guide Dirty bombs, anthrax http://www.washingtonpost.com/wp-dyn/articles/A32479-2003 Feb 19.html 02/20/2003 'Ready Campaign' Unveiled (washingtonpost.com) yesterday in Cincinnati announcing the ads. "That is why individual citizens have an important role to play." 161 1 P~age 2 of 3 and smallpox: An informative gui( to understanding the threat and protecting you and your family. Ridge's agency organized the campaign with the Advertising Council, which coordinates $1.5 billion a year in public service announcements, and the Alfred P. Sloan Foundation, which does research on civil preparedness. Advertising industry officials said television and radio stations, as well as newspapers, billboard companies and other businesses likely will make available at least $80 million in free advertising for the campaign. --Related Coverage Web Site Plays Central Role i Readiness Campaign (TechNew Feb 19, 2003) E-Hail This Article Printer-Friendly Version Permission to Republish Subscribe to The Post The industry members of the Outdoor Advertising Association of America will do million in free space, and the companies that are part of the Yellow Pages Integrat, Association will provide $30 million worth of advertising space in 550 million tek directories in the next year, said Ad Council President Peggy Conlon. A main goal of the ads is to steer Americans to the department's civil preparedness www.ready.gov, or to the phone number 1-800-237-3239, where people can arranl brochures. The Web site and other literature detail how people should respond before and afte types of terrorist strikes, with sections on such topics as "Make an Emergency Kit, Family Plan," "Deciding to Stay or Go," "In a Moving Vehicle" and "In a High-Ri The goal is to allow members of the public to take in the information at their own absorb the message that an attack is possible, but without panicking them, official., Ultimately, officials want Americans to outline family plans for emergencies and ! comfortable turning to the U.S. government for advice. "The campaign is a good thing, and it will be welcome," said Tara O'Toole, a Jotm University expert on bioterrorism preparedness and a critic of the Bush administra terrorist planning work until now. O'Toole, who was an Energy Department official under President Bill Clinton, adc government's shifting of terrorist alert levels, and what she believes were U.S. offi inconsistent comments about the 2001 anthrax attacks, have "created cynicism ant the public" that the new ad campaign might start to reduce. The TV and radio commercials -- which are 15 to 60 seconds -- were designed fre~ Richmond-based ad company, the Martin Agency, which created, among other ma campaigns, United Parcel Service's commercials that feature Mahoney, a short par deliveryman. "We were trying to strike a balance, creating urgency without creatir Martin vice president Ken Hines, who designed the campaign. After heavy testing and messages with focus groups, "we realized the points had to be made by people the most credible, and they emerged as Tom Ridge himself and also firefighters, p. http://www.washingtonpost.com/wp-dyn/articles/A32479-2003Feb 19.html 02/20/2003 'Ready Campaign' Unveiled (washingtonpost.com) 16[ 1 ~Page 3 of 3 and Port Authority officers from New York, because of their experiences," Hines The ad people had the New York officers read prepared lines from teleprompters, the cameras roll as they spoke extemporaneously about the dangers of terrorism ar prepare for it. Those were the moments that appear in the television and radio ads. "They felt so strongly, and got so stirred up about it, they came across very powerl said. Homeland security officials had planned this rollout for months, but when the tern was raised to "high" Feb. 7, they concluded it would be irresponsible to withhold t public the information in the still-evolving campaign. They held a news briefing Feb. 10 to draw attention to existing Web sites that corn the same advice. But a department official, relatively inexperienced with the news included in his list of recommendations purchasing duct tape and plastic, although say these items are unlikely ever to be used and should be characterized as second. equipment. "I can say perhaps we could have done things slightly differently" in hindsight, on. official said of the episode. © 2003 The Washington Post Company Related Links Hore National News Latest Business News Treasury Chief Urges A Higher Debt Ceiling (The Washington Post, 2/20103) Bush Wins Business Support for Growth Plan (The Washington Post, 2/20103) Insurers Prepare for Deluge of Claims (The Washington Post, 2120103) Business Section Technology Section Full Coverage More National Security News http://www.washingtonpost.com/wp-dyn/articles/A32479-2003 Feb 19.html 02/20/2003 U.S. Department of Homeland Security Washington, DC 20528 1611 ~' PRE~0RTED STANDARD U.S. POSTAGE PAID CINCINNATI, OHIO PERMIT NO. 1481 1611 L L L I_ L 161 vonrintelnj From: Sent: To: Subject: citizencorps@fema.gov Friday, January 31, 2003 4:41 PM JamesVonRinteln@colliergov. net Citizen Corps One Year Anniversary 1611 To Local Citizen Corps Councils: Having been created by the President in last year's State of the Union Address, Citizen Corps has just hit the one-year mark. In celebration of our anniversary, Citizen Corps has launched a new and improved website!! Please visit http://ww.citizencorp.gov to see our new look. The homepage also includes a link to our anniversary press release listing some of our successes this year, including State Citizen Corps Councils formed in 31 States and 2 Territories, with all 56 states and territories expected to have State Councils by end of February 2003; and 304 local Citizen Corps Councils formed in 43 states and territories serving 19% of the United States population, more than 53 million people. And things will only continue to improve with work already underway to provide additional functionality. In the coming months, we will have a password based log-in section which will give all local councils the ability to email the individuals from the Council's jurisdiction who have registered on the Citizen Corps website -- be it city or countywide. In addition, the map of the Councils will also become "animated," meaning that you will be able to click on a state or local Council to get the contact information for that Council. Please let us know if you discover any glitches or have any suggestions for improvements. We will keep you posted as the developments described above come on-line. Are You Ready? A Guide to Citizen Preparedness has officially been released and you are encouraged to promote this resource with your local Citizen Corps partners. It is now posted on the new Citizen Corps website -- in the Citizen Preparedness Publications section of How You Can Be Safer, with a link to the pdf files, <http://www. fema.gov/areyouready/>. Web banners promoting Are You Ready? are also available for download on the FEMA psa page at <http://www.fema.gov/library/psa/areyouready.shtm> -- please feel free to use these banners on any appropriate websites and even to download and post the files on your websites. You may order the guide through the FEMA warehouse by calling 1-800-480-2520. The publication number is H-34. All other FEMA publications can also be ordered by calling this number. Because quantities are limited, we have ensured that the pdf files on the website can be used for reproduction. If you are interested in distributing large quantities of Are You Ready?, we suggest that you reproduce the document yourself. If you have an interested party who may be able to help underwrite the printing costs, we are pleased to offer the possibility of customizing the back cover with the sponsoring logo. Specific instructions on customization will also be posted with the documents files on the FEMA and Citizen Corps websites. If you discover anything that you think may be an inaccuracy or if you have any comments on the content of Are You Ready?, please submit you comments to David Larimer at David. Larimer@fema.gov <mailto:David. Larimer@fema.gov>. CERT job aid: The "Starting and Maintaining a CERT Program" job aid has been posted to the CERT website at <http://training.fema.gov/EMIWeb/CERT/>. This job aid will provide CERT program managers with useful information, advice, and lessons learned from experienced CERT managers. Thank you for your interest and support of Citizen Corps during our first year! And we know that next year will be even better as we continue to work towards providing community and family safety public education, training, and volunteer service opportunities across the country!! ! We would also like to congratulate USA Freedom Corps on our mutual one-year anniversary. Please see the press release at http://www.usafreed~mc~rps.g~v/ab~ut-usafc/whats-new/ann~uncements/2~~3~~3~-2.asp to learn about their many accomplishments over the course of last year. Collier County Emergency Manage~nent Department Training Opportunity FREE ,,training program being offered in Collier County: The National Weather Service Miami will provide FREE Basic and Ad- vanced Skywarn training on Friday, March 14 and Saturday, March 15, 2003, at American Red Cross Chapter Bldg., 2610 Northbrooke Plaza, Naples, FI. 34119. Training will be presented by Warning Coordi- nation Meteorologist Jim Lushine. Skywarn storm spotters are the eyes in the field for the National Weather Service. Basic Skywarn training is straightforward...and fun. The two hour class will be offered twice. Each day it will begin at 10 am. The class includes information necessary to report weather hazards to the NWS Miami. Simple terminology for thunderstorms and tornadoes is cow ered, and severe weather definitions are highlighted. In addition, NWS watch and warning functions are discussed. Advanced Skywarn training will be offered twice also. Each day the two hour training session begins at 1:30 pm. This class is designed to pro- vide a deeper understanding of hazardous weather effects in South Florida by providing meteorological tools necessary to evaluate the hazardous weather environment. Some of the subjects include thunder- What is a Storm Spotter? The Skywarn spotter program is a nationwide network of volunteers trained by the National Weather Service (NWS) to report significant weather. Anyone is welcome to participate. issued. A Severe Thunderstorm or Tornado WARNING is issued when severe weather has been reported by a Skywarn spotter or indicated by Doppler radar. Skywam volunteers become the NWS's and local Emergency Management's eyes and ears, helping to provide better weather watch and warning services. SKYWAIlli Registration/Information: E-mail your request to register to: RichardZyvoloski~CollierGov.net Collier Board of County Commissioners 3301 E. Tamiami Trail, Bldg. F Naples, FL 34112 Phone:239-774-8444 Fax: 239-775-5008 Email: RichardZyvoloski@CollierGov net Why Skywarn? The NWS's mission is to protect lives and property. When weather conditions are favorable for severe thunderstorms or tornadoes are expected to develop, a severe thunderstorm or tornado WATCH is Who will activate Skywarn? The NWS and/or the local emergency management authorities may activate the Skywarn net whenever there is a threat of severe weather or the NWS issues a severe thunderstorm or tornado watch. 1611 THE AMERICAN RED CROSS INVITES YOU TO ATTEND A COMMUNITY DISASTER EDUCATION WORKSHOP Date: Time: Place: Wednesday, February 26, 2003 12:30 pm until 5 pm. American Red Cross, Collier County Chapter 2610 Northbrooke Plaza Dr. Naples, FL 34119 To Register: Telephone 596-6868 before Feb. 17. vonrinteln_j From: foord_m Sent: Wednesday, February 19, 2003 3:20 To: vonrinteln_j Cc: pineau_k GRANTS UPDATE Subject: Citizen Corps meeting Jim, ! won't bc able to make it to the meeting tomo~ow a~tcmoon, so~y, ! can do a presentation at thc next meeting, but for now if you just want to let thc members Enow that: ! attended the Homeland Defense Training Conference in DC, and in addition to heaz~g some nice speeches, learned about the 2002 Supplemental funds that have been distributed to the states, totaling $100 million for State and Local All-Hazards Emergency Operations Plans, $25 million for Citizen Corps, including CERT, and $56 million for Emergency Operations Centers. Generally, the states must pass on at least 75% of the funds to the local governments so we are waiting to hear from the state about what funds are available and for what. They suggested that local governments and citizen boards take action to contact the state offices to be on top of the funding announcements and to push the states to release the funds quickly. They also discussed the Federal FY 03 budget which has not been fully approved yet. They suggested following the legislation at: http://thomas.loc.gov/home/approp/app03.html. The bill placed by Congress is referred to as 'Senate Amendment 1 to HJ Res. 2', and it has been passed by the House and is currently under debate in the Senate. The focus of the FY 03 budget is 1) improved border security, 2) $6 billion for bioterrorism preparedness for state and local government, 3) $3.5 billion for first responders, and 4) $750 million for information sharing. Again, the states will apply for the grants and then most likely be required to pass along not less than 75 percent of the funds to the local level. Depending on the state's priorities, plans and traditions, these funds could be passed through to local governments based on some state formula, or they could be distributed under competitive requests for proposals. Unfortunately, there were remarks made, hopefully in jest, that at this rate the FY 03 budget may get approved about the same time as the FY 04 budget which usually gets approved during the summer. The Department of Homeland Security budget for FY 04 may reach $41.3 billion. One thing I would suggest we do as soon as it is available, if not already, is apply for the Citizen Corps funds from FEMA. They have a Q&A about the funds: http://www.citizencorps.gov/councils/grantqa.shtm I know the committee has physically been formed, but the funds could be used to develop a jurisdiction wide strategic plan for Citizen Corps. Having a strategic plan would give the committee the guidance necessary to determine future grants to pursue and goals and objectives to work on. Let me know if you want further info for the meeting. Feel free to copy the conference notes I provided to distribute or any of the materials. Please apologize to the committee for me. Marlene Marlene Foord, AICP Grants Coordinator Collier County Administrative Services F/5 02/19/2003 Homeland Defense Training Conference Forecast and Budget Outlook and Grants Workshop Notes 1611 Morning - Speeches and Presentations To download conference materials: http://www, marketaccess, org/defmdt, asp and select February 6th conference, password is "California ". Don Dickson, Market Access International, Inc. Welcomed everyone and apologized for lack of materials in conference book, all briefings will be made available online at www.homelanddefenseioumal.com or www.marketaccess.org within one week of the conference. Each participant will receive a CD containing the Grants Database and Resources. Referred to a time in Lincoln's history when he wrote a letter to the then governor of Pennsylvania about the call to prepare for conflict; compared to today's situation. Judy Harris, Reed Smith law firm Referred to the $36.2 billion budget for new Department of Homeland Security; indicated that the purpose of the conference is the provide an idea of what the new Department of Homeland Security will be like and to provide experience and knowledge about grants related to homeland defense. Duncan Campbell, Department of Homeland Security New department started on January 24th, other 22 agencies will be brought in to the department on March 1st. The mission of the new department is to 1) be the coordinating entity for homeland security - the president wants to be able to call one person in event of a national emergency and that one person should bring the focus together, and 2) build a national strategy for homeland security. The focus of the FY03 budget is 1) improved border security, 2) $6 billion for bioterrorism preparedness for state and local government, 3) $3.5 billion for first responders, 4) $750 (million??) for information sharing. They are trying to get all the funds released, but are waiting on Congress to give the President the legislation. Presidential National Strategy - 1) preventing terror attack, 2) reducing vulnerability, 3) improving ability to recover .... Speaker's notes note provided for rest of list. There will be 6 departments in the new Department of Homeland Security. Breakdown of budget: $36.2 billion for homeland security for FY 03/04 - $829 million for improving information analysis, $803 million for new parmership with private sector, $18.1 billion for transportation and border security, $4.8 million for Transportation Security Administration, $6.7 million to secure ports and waterways, and $3.5 billion for first responders for planning, training, equipment, and exercises. For grants, funds go from FEMA to state to support state plan, then state gives 75% to locals within 30-45 day period, flexible for state and locals to use for what is necessary, needs state and local cooperation to come up with plan. $100 million in supplemental funds released to states. Homeland Defense Training Conference: 1 Forecast and Budget Outlook and Grants Workshop February 6, 2003 Colonel Walter Neal Anderson, US Army, US Northern Command Talked about area of responsibility for NorthCom - up to 500 miles outside border of US, includes Canada, Cuba, Mexico, etc. NorthCom was involved in the Sniper case and the Columbia tragedy and will be involved in the Iraq war if necessary. Mentioned that there are 30 active Civil Support Teams in the US, and the goal is to have one in each state, belonging to each governor. Randall Yim, US General Accounting Office (GAO) Not expecting a huge growth in productivity, total state tax collections are going down, demographics are shifting. As a result of this and the restructuring of the agencies that provide for security of the nation, the plans for the new Department of Homeland Security and state and local governments will have to be fluid and adaptable to be ready for threats that arise, as well as funding that becomes available to respond to the threats. The GAO considers implementation of the new Department of Homeland Security a high-risk deal because it is difficult to merge 22 agencies, especially when many had performance issues to begin with. One change is that many new capital building projects now plan to include security features as they are being built, rather than done after the fact at a higher expense. Question of what will happen if the federal government is not able to fund all the homeland security needs. If that becomes an issue, it will be necessary to stimulate results at the state and local level - maybe through a hybrid of market driven incentives and regulations. It is difficult to determine where to set the bar an to achieve a balance - if it is set too high, we face unaffordable resource requirements; if we set it too low, we lose the confidence of the citizens for government to protect them from terrorism. Also, if we don't decide on where to set it, there is no context for decision making, no way to prioritize investments and no way to measure progress. Maurine Lischke, National Guard Bureau Provided an overview of the history of the National Guard. National Guard is in every state and in some states it is the only force present. For state issues, the governor is the commander in chief, for federal issues, the president is the commander in chief. Civil Support Teams can be under governor or if there is an agreement between governors, can help in other states, as with the Columbia tragedy. There are 350,000 Army Guardsmen, 100,000 Air Guardsmen and 150,000 are overseas right now. Summary of Morning Session Suggested gleaning information from the weekly Federal Register listing. We are waiting on $3.5 billion from FY03 to be appropriated - at this rate it may get approved at the same time as the 04 $3.5 billion budget, for a total of $7 billion. Next Market Access conference will be on BioTerrorism Homeland Defense Training Conference: Forecast and Budget Outlook and Grants Workshop February 6, 2003 1611 Afternoon - Grants Workshop Michelle McQueeny, FEMA Priorities of FEMA's Office of National Preparedness: strengthening state and local preparedness and response capabilities, building national preparedness and response capability, and coordinating federal terrorism preparedness programs. Grants: 1) FY 02 Supplemental Grants, and 2) FY 2003 President's proposed budget FY 02 Supplemental Grants come in three programs: 1) State and Local All-Hazards Emergency Operations Plans ($100 Million), 2) Citizen Corps, including CERT ($25 million), and 3) Emergency Operations Centers ($56 million). Funds go to states and then local governments and tribes are eligible to be sub-grantees of States. The states submitted their plans in November, and as of December, all the states received funds. Allocation to local governments should happen within 90 days. 1) State and Local All-Hazards Emergency Operations Plans ($100 Million): a. Funding to assist states and local governments with updating their EOP's for all hazards, with emphasis on WMD terrorism preparedness. b. Allocations are based on population, c. 100% federally funded, no cost share requirements, states must provide 75% to local governments, states may have cost share requirements of local governments. d. Funds may be used to 1) improve state and local EOPs; 2) foster a comprehensive approach towards preparedness, statewide planning (including establishing mutual aid agreements, communication protocols, common incident command systems, critical infrastructure, updating COOP and COG plans, coordinating citizen and family preparedness and volunteer initiatives, and conducting hazard and risk assessments to determine planning priorities), organization, equipment, training and exercise in FY 03 and beyond. e. Guidance materials available at: www.fema/gov/onp/ncb.shtm 2) Citizen Corps, including CERT: a. Used for 1) supporting the formation of Citizen Corps Councils, and 2) expanding CERT training b. $25 million available - 1) $17 million for CERT grants, 2) $4 million for Citizen Corps Councils, and 3) $4 million for FEMA program development. c. 100% federally funded, no cost share requirements, states must provide 75% to local governments, states may have cost share requirements of local governments. d. Citizen Corps i. www.citizencorps.gov ii. Have oversight responsibility to implement the official Citizen Corps programs. Homeland Defense Training Conference: 3 Forecast and Budget Outlook and Grants Workshop February 6, 2003 1611 eo CERT i. ii. iii. iii. Grantees must develop a jurisdiction wide strategic plan for Citizen Corps iv. Grantees should prioritize funding to localities that have established Citizen Corps councils; a demonstrated commitment to community and family safety practices and a high-risk profile based on crime, disaster, vulnerabilities and public health issues. Grants: For states to conduct CERT Train the Trainer courses, Communities to initiate, organize, train and maintain CERTs. Communities with established CERT programs to continue, maintain and expand programs. iv. Communities that offer CERT to coordinate with Citizen Corps to increase training, public outreach and awareness opportunities. v. Eligible uses include: instructor preparation and delivery time, non- expendable classroom equipment, program administration, creation and maintenance of CERT database, rental of a training facility, hard hats, safety vests, goggles, gloves and printing materials. 3) Emergency Operations Centers (EOCs): a. $56 million b. Phased grant program: i. Phase 1 includes two programs: 1) all states allocated a fixed amount of $50,000 to conduct initial assessment of hazards, vulnerabilities and risks to existing EOC; all funds are 100% federal, no state cost share, and 2) $100,000 for physical modifications to support secure communications, applications due 2/28/03, requires a 50% cost share. FEMA share can be spent first as long as the match is also spent during the term of the grant. ii. Phase 2 funds programs to address nationwide problems. States submit applications that reflect deficiencies found in Phase 1, funds are used for construction projects; require a 50% cost share; has National Priorities: 1) new EOC construction when most cost effective, 2) corrective construction to address deficiencies identified during Phase 1, 3) A&E services for EOC projects, 4) creation of alternate state EOC at an existing facility, 5) physical modifications to enhance security, other than hiring guards, 6) retrofits of existing EOCs collective protective system for CBRN agents, 7) redundant communications, and 8) other projects to increase the survivability of existing EOCs. FY 2003 President's Budget First responder initiative proposed for $3.5 billion - to include planning, training, equipment and exercises. FEMA did not have cost share requirements, but individual states may have their own cost share requirements of states to make the money go further. In Florida, funding will go to DCAJDEM. Congress may attach specific language for how money must get to the local governments and be used by the local governments, but FEMA did not include specifics in what was sent to Congress. http://thomas.loc.gov to follow the legislation related to the allocation by Congress. Homeland Defense Training Conference: Forecast and Budget Outlook and Grants Workshop February 6, 2003 4 1611 Michael Paddock, Grants Office Discussed how to bring the $$$ home. Indicated that grant-seeking plan should include looking at federal, state, foundation, corporation and other sources of funding. It is best to create a funding package with all the above pieces put together as a puzzle. CFDA not updated often, but gives contact information so you can contact them directly. Federal Register posts when funding is available and ready. 1) Federal funding is more complex and there are specific guidelines (law), but funding amounts are larger; a. Firefighter Grants as example of federal funding going directly to local governments, no state middleman involved as with most federal grants. b. Fund may be discretionary or block/formula grants. c. Single Point of Contact (SPOC) program - may need to send federal applications to state SPOC d. More and more federal grants are electronic, some using Grants.gov - similar to CFDA - all federal grants will go through Grants.gov eventually to have a single standardized process. 2) State funding is more flexible and regional; a. May come from federal or from state tax dollars, but are being cut back everywhere. b. There is little form consistency among states or state agencies, but the federal government is encouraging a move towards consistency. c. Can be competitive or block grants. 3) Foundation funds fill in the gaps, but are smaller amounts a. Usually locally focused, b. Large national foundations want to see systemic approaches to solving problems or something that can serve as a model to be duplicated elsewhere. 4) Corporate funds fill in the gaps even further and typically are designed to enhance their own community visibility. 5) Pork Barrel/Earmarks - discretionary legislative funding, not much competition a. linked to a bill, assigned by/for Congress, b. specific for your project, c. goes to non-profits and municipalities, d. broad latitude in spending, e. funds are limited. f. Use when project ready now and you don't want to wait until budget and grant process is ready. Go to special accounts at EPA, HUD, etc. and tell them to secure funding through legislation. Deals are usually done by springtime. 6) Service Organizations Grants Office can help research opportunities, help with work plans and help develop proposals - out of Rochester, NY, but provide services nationally. Christopher L. Rissetto and Stephen Sorett, Reed Smith Law Firm · $ 7 billion is held up for first responders Homeland Defense Training Conference: Forecast and Budget Outlook and Grants Workshop February 6, 2003 1611 · A federal grant is almost like a loan, due to audits and other traps, recommend don't recognize revenue until through the audit. All OMB circulars are provided on the CD. Also includes the appeals database of appeals when FEMA auditors disallow expenditures. Grant Common Law is also developed, but not much is published. Auditors use a Yellow Book of rules and then each department has their own book of rules. Auditing staff are generally rewarded based on how much they take back during . and audit and interest must usually be paid. Homeland Security Act passed in December 2002, which says that grants can be made, but no figures were attached. FEMA is distributing $225 million in grants to help first responders and emergency management even though the new department has not started releasing funds yet; the individual agencies continue to distribute funds through their own methods and programs. FEMA - $900 million in Fire Grants, $75 million for Urban Search and Rescue Teams. · The Department of Homeland Security budget for FY 04 may reach $41.3 billion. · Supplemental guidance for FEMA · Bush Administration is leaning more towards competitive grants rather than block grants to distribute funds. A grant is more competitive when it is regional or multi-regional in scope. Grants process is becoming more automated. Must have measurable results. Homeland Defense Training Conference: Forecast and Budget Outlook and Grants Wor~hop February 6, 2003 1611 ~lC'.002 I'~nal E, elf. D~*lin~m Inslilute. Im J ~tll Rghls F'eser'*,ed Strategic Actions For Emergency Response REGISTRATION FORM Monday, March 10, 2003 8:45 - 9:30 AM - "Coffee &" Instructor Development Class 9:30 -11:30 AM Location: Tradewinds Sand Piper Beach Resort 6000 Gulf Boulevard, St. Petersburg Beach, FL 33706 Hosted by the Florida Regional Community Policing Institute/St. Petersburg College Instructor: Larry Nadeau, NSDI Director of Training (Please type or print clearly) Attendee: Agency: Agency Address: City State Zip Phone# ( ) Fax# ( ) E-mail: Tuition: $135. Per person includes: Training / Certification / Instructor Development Manual with Reproducible Forms. (Plus each Agency will receive 1 video for facilitating one-hour Be S.A.F.E.R. Classes and a sample supply of Full Color Brochures for community distribution.) Make Purchase Order or Check Payable to: NSDI, P.O. Box 398355, Miami Beach, FL 33239-8355 Please either e-mail your completed registration form to nsdi~att.net Or fax to (305) 577-8213 For further information: Terri Harris (305) 868-NSDI OVERNIGHT ACCOMMODATIONS AVAILABLE at special St. Petersburg College/Florida RCPI rate of $93.+ Taxes per double room. For reservations, phone directly: 1-800-808-9833. 1611 can can can Be '$.A.F.E.R.' oroaram The Purpose: to answer the question being asked by everyone in the face of terrorism: "l/Vhat can Z do?" The chosen acronym for the new initiative says it all: Be 'S,A,F,£.R.' - Strategic Actions For Emergency Response. Program details: A resource for empowering families and communities through education, B~ '$.A.F.E.R.' - an acronym for Strategic Actions For Emergency Response is a 'packaged' one-hour Public Safety Education Program that (:l.)provides important Disaster Emergency Preparedness/Response information as a community service for adults, primarily in collaboration with Law Enforcement, Public Safety and Emergency Management Agencies. (2)also focuses on being 'VIGILANT', urging and empowering people to: "View yourself as capable not powerless in these unsafe times - capable of being your best defense when it comes to safety and security for you and your family," (3) promotes family communication/involvement through all phases of the Family's Disaster/Emergency plan implementation, and (4)provides a '12-step' plan for how to establish neighborhood disaster/emergency action groups incorporating Neighborhood Watch techniques, and encourages such volunteerism. Strategic Actions For Emergency P,e ponse 1611 Be 'S.A.F.E.R.' Program materials go beyond providing the important basic public safety information (which we have also included therein, albeit in a freshly presented concise, compelling, and understandable manner without clutter or confusing overload.) This basic information includes: Explaining, tying in with, and 'humanizing' the Homeland Security Advisory System (HSAS) color code - ('bringing these colors home' with some general suggestions as to our own levels of vigilance, preparedness, and readiness in the face of these 5 levels of threat conditions, rather than those created for use by governmental agencies), Providing a check list for preparing your family's own Disaster/Emergency Kit (based upon FEMA recommendations) for being prepared before any major emergency including terrorism, ... its focus is evident when the folio is fully unfolded to read "VIGTLANT" -- with an introduction encouraging people to "View yourself as capable, not powerless in these unsafe times - capable of being your best defense when it comes to safety and security for you and your family. By being vigilant, being prepared, taking protective measures, and pre-planning your own emergency response plans, you can be empowered to protect your family and ultimately make our nation a safer place." The Be 'S.A.F.E.R.' Program involves: (1) Instructor Development Training - a 2-hour class to certify Instructors (from Law Enforcement and Public Safety Departments, Citizen Corps Councils, etc.) to facilitate the l-hour community service program for men and women (length of program determined by the individual agency and/or as dictated by the length of the Q8~A period.) (2) The l-hour class facilitated as a community service for the citizens of our communities, various organizations (i.e., neighborhood, civic, faith-based, corporate.) 'Be '$.A.I:.~..R. ' Key elements include: (A) a dynamically graphic video slide presentation narrated by Emmy-award winning actress Sharon Gless, (B) the in-depth, printed brochure (to take home) which builds on the video presentation -- providing guidance on how to develop their family's own Disaster/Emergency Plans along with the what to do before-during-& after information that everyone should know, and (C) a 12-page folder providing 12 steps to creating a Neighborhood Disaster/Emergency Plan (incorporating Neighborhood Watch techniques) along with job-descriptions/duties as relative to each neighbor who volunteers to participate) -- offered as an option to any attendee who wants to take the initiative and start such a neighborhood group. (D) a 100 page instructor Development Manual created to provide instructors with a toolkit for answering the multitude of questions the people in their community might ask. 1_611 Outcomes expected: All who attend S.A.F.E.R. will realize the importance of being prepared before any major emergency -including terrorism.., will be motivated to put their Disaster/Emergency Plans in place.., and will know that the Law Enforcement Agencies, as well as other local agencies (Fire, Emergency Management, etc.) are available to help them in the process. Participants learn to be safer: How to relate to the Homeland Security Advisory System... motivating them to take the suggested protective measures to reduce vulnerabilities and to take the responsibility ... because Homeland Security does begin at home. That one of your best defense weapons is ]:NTU1~TI:ON - to trust it -- to look at it as a red flag signaling some degree of danger.., decide what to do, and act upon it immediately. The importance of getting your family together to work up your family's Disaster/Emergency Plan. That having an escape/survival plan is smart in case of any emergency. That your plans should be in place at all times and that every family member should be involved in all stages of planning and implementation. To include plans for o Emergency Response (identifying what kinds of hazards and threats could affect the family and discussing how to prepare for them and how to respond. o Emergency Escape: identifying routes from each room in the home. o Emergency Meet-up Plan: if they are separated after a disaster. o Emergency Communication Plan: designating an out of town contact as point person, as well as pointing out that in case of disaster, if land lines don't function, cell phones or e-mail may get through. o Including children's school evacuation policies in their plans. To identify a SAFE-ROOM - preferably a windowless interior room ...and keep it stocked with your customized Disaster/Emergency Supply Kit and have items in a back-pack or duffle to take with you if you have to evacuate.(A check list is provided using FEMA suggestions.) They are further informed about what to do if a disaster happens.., if you have to shelter in place or evacuate. 1611 The need to lessen your fear.., that by identifying your fears, you can reduce your anxiety. To distinguish the difference between 'real fear' and 'needless fear' ... and to talk to their children about their fears. That Awareness is key to being vigilant-- because seeing and reporting signs of suspicious activity are key to nipping terrorism (or any crime) in the bud. (Examples are cited in answer to the question "Did you see or sense anything unusual?") People are educated as to the importance of being vigilant: if it seems, sounds or smells suspicious - report it. That "Now is the time for all good neighbors to come to the aid of their neighborhood" -- to take the initiative and get neighbors to meet and create a Neighborhood Disaster/Emergency Action Plan (including Neighborhood Watch techniques.) And that a simplified 12-step folder with related task descriptions is available to them for start-up, without their having to reinvent the wheel. That people working together can really make a difference.., and another way to help is to put your individual skills, interests and abilities to good use by volunteering in your local Citizen Corps Council. Check out the www.citizencorps.gov website to see if your community has a council. Zf not, ask local officials to get one started. Because working with Law Enforcement, Fire, Emergency Medical, Emergency Management or other community teams, is a meaningful way to contribute to your community. The urgency of telling local Law Enforcement immediately if you have reason to believe someone is affiliated with a terrorist group or is engaged in suspicious activities. To not worry about being wrong - there is no wrong. The only wrong is not making the report.., and even if you don't have the whole story, a little detail may be the missing piece to a puzzle. To call 9:L~ in an emergency...how to best relate information to the dispatcher. And reinforces calling the Agency's main number in non-emergency situations. vonrinteln.j From: Sent: To: Subject: citizencorps@fema.gov Wednesday, February 19, 2003 2:46 PM JamesVonRinteln@colliergov. net PREPAREDNESS TO BE THE FOCUS OF NEW PUBLIC SERVICE CAMPAIGN 1611 PREPAREDNESS TO BE THE FOCUS OF NEW PUBLIC SERVICE CAMPAIGN Today, in Cincinnati, Ohio, Secretary of Homeland Security Tom Ridge will join the Hamilton County Citizen Corps Council to launch a new public service campaign designed to encourage individuals to take basic steps to prepare their homes, offices, and families for terrorist attacks. The announcements direct individuals to new guidance on how one can enhance their ability to protect themselves in the event of a number of types of terrorist attacks. Those who want to follow up can log on to http://www.ready.gov or call 1-800-BE-READY. Citizen Corps councils and Citizen Corps programs, including Medical Reserve Corps units, Volunteers in Police Service programs, Neighborhood Watch groups, and Community Emergency Response Teams can help to support this preparedness campaign in the hundreds of communities across the country where they are already at work. Citizen Corps councils and programs will play a vital role at the state and local levels in making this and other efforts to prepare America's communities for emergencies of all kind. We encourage you to go to the http://www.citizencorps.gov website and get more information on these programs. The following are some simple ways that you or your organization can help make individuals and families in your conununity aware of these new resources. For more information on the campaign, please go to http://www.adcouncil.org Contact your local media outlets: The news programs in your area may not know about the Citizen Corps activities underway in the communities they serve. We expect that Secretary Ridge's announcement will capture much attention and hope that Citizen Corps participants can use this as an opportunity to link what Secretary Ridge is announcing nationally to what you have been working on locally, preparing your community to respond effectively to emergencies of all kinds. If you have any great examples of how your Citizen Corps Council has been actively involved in preparing your community, let your local media outlets know about it! Members of your local Citizen Corps council may be good local spokespeople for reporters looking for good information on what individuals can to do to prepared for all kinds of emergencies or threats as well as what they can do as volunteers to help their community. As spokespeople, they can direct the public to new ready.gov information as well as more localized information that you may have developed through your council or other local programs. If you are calling television or radio stations or newspapers in your area, ask for the news desk. You can also fax the news desk with information on your activities and on participants in your program who are available to discuss local preparedness and emergency response activities. You can also help to suggest to media outlets in your area that they should run the new public service announcements (which will include radio ads, television ads, Internet banners, and outdoor advertising). They can get all of those materials at no cost to them through the Ad Council by phone at PHONE or by email at http://www.adcouncil.org/psa/. It does help for local media outlets to hear from groups in their area that this in an issue of local interest and importance, and most newspapers, radio stations and television stations in your area have public service directors whom you can ask to talk with to discuss this campaign. Send emails and faxes to participants in your local programs: The volunteers working with you and the groups they represent on Citizen Corps councils are a powerful force for preparedness in your community. Let them know about this new 1 pubi~c service campaign and about the new materials that are available at 611 http://www.ready.gov or by phone at 1-800-BE-READY. Send them an email or a fax using the lists that you have developed as part of the Citizen Corps network and let them know about Secretary Ridge's announcement On February 19, 2003. A transcript of his comments tomorrow and other materials will be sent to you as soon as they are available. Reach out to the schools, houses of worship, and other community institutions in your area: Local institutions like schools and houses of worship can help get the word out to individuals in your community that there are new resources available to help them put together basic emergency response plans and kits to prepare their homes, families and offices for emergencies of all kinds including terrorist attacks. Reach out to your school administrators, local government leaders, and faith leaders to ask them to take a look at the new http://www.ready.gov web site and the new materials that they can send home to the families they serve. Be the link with first responders and local government: Many local government responders such as police, fire, emergency medical and others have existing community relations offices and programs dedicated to making sure the community and citizens are aware and prepared to handle emergencies. As citizen volunteers, offer to help link their awareness materials with the national citizen preparedness message. As members of Citizen Corps you can take an active role in getting the word out in your community! vonrintelnj From: Sent: To: Cc-" $,,bject: 1611 zyvoloski_r Mor~day, December 16, 2002 10:41 AM Barbara Ranck (E-mail); CCTF Nelson Shadrick (E-mail); fdle-Dan Anderson (E-mail); fdle- Kelly Matthews (E-mail); Judy Nuland (E-mail); Ken Pineau, Collier Co. EM Director (E-mail); Nancy Reed - Liaison (E-mail); page_j; Rich Taylor (E-mail); Sheriff Hunter; Tom Storrar - Dom Storrar (E-mail); William Moss (E-mail); Chief Alverez - Immokalee (E-mail); Chief Hansell - NNFD (E-mail); Chief Kovarik - Big Corkscrew (E-mail); Chief Murphy (E-mail); Chief Peterson-GoldenGate (E-mail); Chief Rodriguez - Isles of Capri (E-mail); Chief Schank (E- mail); Cmdr Stolts or Capt Leamer (E-mail); Commander Jim McEvoy-Naples (1 Nov) (E- mail); Dave Bell (E-mail); Dave Bellamy (E-mail); ENFD-Pott (E-mail); Mark Houghton (E- mail); NNFD Training (E-mail); Nolan Sapp (E-mail); Paul Wilson (E-mail) Radiological-Steve Furnace (E-mail); vonrinteln_.j 2-day WMD (Radiological) - Modular Emergency Response Radiological Transportation Training 18-19 March Importance: High The Emergency Response Group I Department of Health / Bureau of Radiation Control presents' "Modular Emergency Response Radiological Transportation Training" This is a two-day course offering with students receiving a Department of Energy DOE certificate. This course requires passing a test and participating in outdoor drills. The course is similar to the 4-hour class, in content (below), however, emphasis will be on WMD and there will be three outside scenarios. Students are required to have their turn-out gear. The training program is provided at no cost. All attendees CANNOT be on-call and need to show up on time. Tardies slow up class time for other attendees. Since we can only have 25 students for this training, two slots are allocated per fire district. The remainder of the slots to go to other first responder agencies having a WMD role. Register early. To register, reply, via E-mail, to me. If you do not want any training slots, or only one, please let me know so that I can re-allocate. TRAINING LOCATION: TBD The course information can be applied to radiological transportation incidents, facility incidents and "terrorism" events. The training program will provide instruction in: Radiological Basics · Radiological Terminology and Units · Survey Instruments · Dosimetry Devices Weapons of Mass Destruction · Radiological Dispersal Devices · Nuclear Devices Hazard Recognition · Radioactive Material Shipping Packages · Assessing Package Integrity initial Response Actions · Tactics and Strategy · Scene and Incident Control · Response and Recovery Phase Patient Handling · Contamination Control · Decontamination Students receive a State of Florida certificate for four contact hours of training that can be applied for ISO-1 classification. The following link will provide you broad information about the TEPP program: http:llwww, em.doe.govloteml 1611 Rick Richard A. Zyvoloski Jr., CEM, FPEM Coordinator, Collier County Emergency Management Department Website: http://www, collierem.or.q/ Disaster Tools: http://www.collierem.or.q/DisasterProcess-html Office: 239-774 8444 Fax: 239-775-5008/774-8354 Pager: 239-982-1931 "The more time you have to think things through, the more you have to screw it up." --Clint Eastwood "A penny will hide the biggest star in the Universe if you hold it close enough to your eye." --Samuel CJrafton COLHER COUNTY EMERGENCY 1611 MANAGEMENT 3301 East Tamiami Trail · Naples, Florida 34112 * (239) 774-8444 * Fax (239) 775-5008 February 3, 2003 Dear Council Member, Thank you for your continued participation. The next meeting of the Citizen Corps Advisory Council is scheduled for 3:00 pm, February 20, 2003 in the BCC conference room on the third floor of the Harmon Turner Building in the Collier County Government Complex. During this meeting a short presentation will be made by the Collier County Chapter of the American Red Cross, as well as a tour of the Emergency Operations Center (EOC) at the completion of the meeting. It is very important that all members and participants attend. If you should have any questions please contact me at 774-8911/8444. Sincerely, Carol Holle Pahl Chairman, Collier County Citizen Corps Encl. Citizen Corps Advisory Committee Agenda February 20, 2003 1611 3:00 3:15 3:20 3:30 Pledge of Allegiance -Opening Remarks -Roll Call Approval of Minutes Threat Update New Business - Orientation Briefings · Chairman Chairman Emergency Management Chairman American Red Cross - Debbie Horvath 3:45 4:00 4:30 4:40 Old Business Chairman · Grants Update - Marlene Ford, Collier County Grant Coordinator Other Issues Next Meeting/Adjourn Chairman (March 20m ~ 3:00pm) EOC Tour Jim von Rinteln · 1611 Communication & Contact: Sandra Arnold-Lawson Customer Relations Department Public Information Coordinator 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8999 (239) 774-8308 January 29, 2003 FOR IMMEDIATE RELEASE The Collier County Citizen Corps Advisory Committee will meet Thursday, Feb. 20, at 3 p.m. in the Board of County Commissioners Conference Room located on the third floor of the W. Harmon Turner Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples. All members and participants are encouraged to attend. For more information, contact Jim von Rinteln at (239) 774-8911 or (239) 774-8444. 3301 East Tamiami Trail · Naples, Florida 34112 - 4977 (239) 774-8097 ° Fax (239) 774-3602 Donna Flala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 March 25, 2003 16J1 SCAAP 2003 Bureau of Justice Assistance Control Desk 633 Indiana Avenue, NW Washington, DC 20531 Re: Designated Official For SCAAP application Ladies and Gentlemen: Pursuant to a Bureau of Justice Assistance (BJA) State Criminal Alien Assistance Program(SCAAP compliance requirement, as the Chairman of the Collier County Board of Commissioners, I approve and designate Don Hunter, Sheriff, Collier County, Florida, as the signing official and contact person for application for SCAAP funding. Collier County Commission a: ssdel7 16KI DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 03/03/03 17:03 FAX 9416436968 COLLIER CO COMMUNITY DEV ~]001/005 FAX MEMORANDUM PLANNING SERVICES 2800 N. Horseshoe Drive Naples, Florida 34104 (941) 643'6968 TO: FAX NUMBEI~: ATTENTION: FiRM/DEPARTMENT: FROM~ NAME:, DEPARTMENT: TOTAL PAGES INCLUDING COVER SHEET:~ SPECIAL INSTRUCTION: ~-~-~~---~'~ ~ '---- 03/03/03 17:03 FAX 9416436968 COLLIER CO COMM1;NITY DEV [~002/005 PET"]:~ "I~ANSMZ~AL FOR BCC ADVEP-,T~$ZN~' 03/03/03 17:04- FAX 9416436968 COLLIER CO COMMUNITY DEV [~003/005 COLLIER COUNTY FLORIDA . REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Disp¼y Adv., lo~ ~ ~ [] Other: 17A Origina~i~Oept/Div: Comm. Dem. Sevz./Planm~g Pm-~o~ Ra]~ ~11o~ D~ 3/3/~3 Pe~gon No. (Ifnone, gNe bffefdesc~p~on): SE-03-A~-3766, s~ivener ' s Error for ~he BalmoraL PUD Pe~tiOner: ~ame&Ad~): Michael Fernandez, 5133 Castello Dr. Suite 2 Name & Ad&~s of any ~,) to ~ ~ ~~ ~~x' ,~ i~n~ ~h ~ ~t) ' ch rna Z, Rccluested Hearing date: 3/25/2003 Castello Dr. Suite 2, Naples, FL 34103 Based on advertisement appearing 15 days befor~ hearing. Newspaper(s) to be use& (Compte~eonly if impozm~): XXX Naples Dail~ News Other Proposed Text: (rnclucre legal descriptluu & commo~ loeatie~ & Size.. Comp~-~on petition(s), if/my & proposed hearing date: [] Legally Required See Attached Document Does Petition Fee include advertismg cost7 [] Yes 113-138312-649110 Div~sio~ead Date List Attachments: [] No If yes, what account shoutd be cirarged for advertism~ ~ County Manager Date DISTR~UTION INS'I'RU~,N~ - For hearings before I~C or ~ ~ person to complete on~ coy ami obtain D4v!~!on Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request fro' sames ia sul~sfit~l to County Attorney before ~itti~ to Co~__.ty Manager. The Manat~er's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] OrJgi~k Clerk's Office B. Other hearings: imtiatmg Division headm approve and subrrdt orig/nal to Clerk's ~R CL~ O~E USE ~: Date R~ved: Date of~blfc he~: 03/03/03 17:04 FAX 9416436968 COLI~!ER CO COMMUNITY DEV ~004/005 read as fotlows: TABEE 1: I~At. MOIt~=: ]S5'flMAT~DLA~U~i~S~Y TRACT RI R2 R3 R4 Lake Livingston Road Easement Green Bmdevnnl Easement LAND U~ APPROXIMATE ACREAGE Residential 14.3 Rcsidcnt~ !e.e ~ ~ Ve~ 9.~ Co~ ~ 0.8 03/03/03 17:05 F.~I 9416436968 COLLIER CO COMMUNITY I)EV Si!~KIOlg TI-mw. SCRt~'$ ERROR AMENDMENT TO SECTION 3.6, LANDSCAPING AND '' BD~,t-mu"NG RF_.(IUll~NT~ 02.43, is ~y ~ to ~ a ~r' s c~r ~ ~g ~d ~ m ~ ~ f~o~J ~005/005 17A Ol~rdem~ SE'4)3-AR-~7~ COLLIER COUNTY FLORIDA F2EQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) [] Other: Originating Dept/Div: Comm.Dev. Serv./Planning Petition No. (If none, give brief description): Person: Ray Bellows Date: 3/3/03 SE_O3-AR-3766,scrivener's Error for the BalmoraL PUD Petitioner: (Name&Address): ~4ichael Fernandez, 5133 Castello Dr. Suite 2 Name & Address of any person(s)to be not~ ~y~Laltrk~ ~)f~c0:](~ ~ore space is needed, a~ch separate sheet)' FL 34103 'ch He~g~e~re~B~rna~Xz' 3&J? Cas~ello Dr. Suite 2, Naples, Requested Hearing date: 3 / 2 5/2 0 0 3 Newspaper(s) to be used: (Complete only if important): Based on advertisement appearing 15 days before hearing. XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See [] Legally Required Attached Document Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [] Yes [] No If Yes, what account should be charged for advertising costs: Approved by: Date 113-138312-649110 Divlsio~ead List Attachments: County Manager Date DIST!!IRUTION INSTRUCTIONS. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda fine: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised:. 17/I ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 02-43, THE BALMORAL PUD, TO CORRECT A SCRIVENER'S ERROR IN: SECTION 1.2, LEGAL DESCRIPTION; SECTION 2.3, DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES; SECTION 3.6, LANDSCAPING AND BUFFERING REQUIREMENTS; SECTION 5.7. K, TRANSPORTATION DEVELOPMENT COMMITMENTS; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 02-43, on Jiffy 30, 2002, and; WHEREAS, following said action of adopting Ordinance No. 02-43, staff determined that the Balmoral PUD Document transmitted to the Department of State did not contain certain provisions that were otherwise intended to be included in it but nevertheless made a part of the record of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO SECTION 1.2, LEGAL DESCRIffFION. Section 1.2, Legal Description, of the Balmoral PUD, Ordinance Number 02.43, is hereby amended to correct a scrivener's error by amending said Section to read as follows: LEGAL DESCRIPTION The subject property being: The following described property in Collier County, Florida: As recorded in O. R. Book 1681, Page 4 ~ a~'~ ,~r~ u~t. on~ Pc, ge, ,Ao~ of the Public Records of Collier County; and the south haft of the southwest ¼ of the southwest ¼ of Section 18, Township 49 South, Range 26 East; and the south ~A of the southeast ¼ of the southwest 'A of Section 18, Township 49 South, Range 26 East. Subject parcel contains 58.95 acres, more or less. SECTION TWO: SCRIVENER'S ERROR AMENDMENT TO SECTION 2.3, DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES. Section 2.3, Description of Project Plan and Proposed Land Uses, of the Balmoral PUD, Ordinance Number 02-43, is hereby amended to correct a scrivener's error by amending said Section to read as follows: TABLE 1: BALMORAL: ESTIMATED LAND USE SUMMARY TRACT LAND USE APPROXIMATE ACREAGE R 1 Residential 9.3 R 2 Residential 14.3 R 3 Residential 10.9 2._90 R 4 Residential 4-~ 5.0 Lake 7.3 Preserves A+ B+ C+ D+ E Retained Vegetation 9.0 Livingston Road Easement County R/W 0.8 Green Boulevard Easement County R/W 3.0 1 Words ~m:z1: '~cc',:gh are deleted; words underlined are added. ~ast Property Line Non-exclusive. County Utility Easement County Utility Easement TOTAL 55.95+/- SECTION THREE: SCRIVENER'S ERROR AlVlENDMENT TO SECTION 3.6, LANDSCAPING AND BUFFERING REQUIREMENTS. Section 3.6, Landscaping and Buffering Requirements, of the Balmoral PUD, Ordinance Number 02.43, is hereby amended to correct a scrivener's error by amending said Section to read as follows: LANDSCAPING AND BUFFERING REQUIREMENTS: A 20-foot minimum width Type D buffer along Livingston Road, the parcel's west property line and the parcels south imd-ee~ property lines where abutting public right-of-way. Required shade trees shall have a minimum height at installation of 16 feet. SECTION FOUR: SCRIVENER'S ERROR AMENDMENT TO SECTION 5.?.K, TRANSPORTATION DEVELOPMENT COMMITMENTS. Section 5.? K, Transportation Development Commitments, of the Balmoral PUD, Ordinance Number 02.43, is hereby amended to correct a scrivener's error by amending said Section to read as follows: Access: The project's i:-2'2ai access shall be from Livingston Road~ar~ :?...!I ...... ; .... ,.., ,non · ..... "~' '""~'~ r, crcc!'.-. :~-"~' ........... The Developer may, at its option, provide A-an_ :.~c,n ' additional access ...... .. may ,.~ .,,.~ ............... proposed Green Boulevard Extension ~'~ ...... right-of-way ~ccat~'~ ~' .... ~' ...... ~'~ t~c parcel': ~,._.~m Frcpz:~v' llr~. as depicted on the PUD Master Plan. L': °~e =-:...hi '~-_t* *~a ~r~n skcll ~ Frc;4dad ~cm V?'.,i~cc:':.~l! v-~-".=. Should the Developer not provide such additional access, and should Whippoorwill Lane, be extended to the south and to the east of the south and east boundaries of the Balmoral PUD, then the Developer shall provide a secondary access to this extension. The Developer shall not be required to extend Whippoorwill Lane, or be responsible for any improvement to Whippoorwill Lane, except for turn lane(s), if warranted. Other than as prescribed in the Stipulated Final Judgment, Collier County has the fight to modify or change any median treatment on the public road system and other than those points of access required by the Judgment, there is no vesting of number, type or location of access points. SECTION FIVE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjori~jM. Student Assistant County Attorney Ordinance SE-03-AR-3766 RB/G/Io 2 Words smack ~cug~ are deleted; words underlined are added. 17A March 3, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 02-43 Dear Georgia: Please advertise the above referenced notice on Sunday, March 9, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE 17A Notice is hereby given that on Tuesday, March 25, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 8:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 02-43, THE BALMORAL PUD, TO CORRECT A SCRIVENER'S ERROR IN~ SECTION 1.2, LEGAL DESCRIPTION! SECTION 2.3, DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES; SECTION 3.6, LANDSCAPING AND BUFFERING REQUIREMENTS; SECTION 5.7 K, TRANSPORTATION DEVELOPMENT COMMITMENTS; AND BY PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Mar~r~, 2003 County of Collier CLERK OF THE CIRCUIT COURT COLUER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 17A CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Mr. Michael Fernandez 5133 Castello Drive Suite 2 Naples, FL 34103 Re: Notice of Public Hearing to Consider Amending Collier County Ordinance No. 02-43 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 25, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 9, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Patricia L. Mor~lan To: Subject: ~i ~eorgia, ®(ease advertise tt~e attadied on Sunday, March 9, 2003. Thankyou, Trish Minutes e~ Pffcords ORD.AHEND.ORD. Ord.Amend.Ord.02 02-43.doc -43,Scrivener'... Georgia (E-mail) Advertising - SE-03-AR-3766, Ord. Amend. Ord. #02-43 Patricia L. Mor~lan From: Sent: To: Subject: postmaster@clerk.collier.fi.us Tuesday, March 04, 2003 8:36 AM Patricia L. Morgan Delivery Status Notification (Relay) 17A A'l-F52467.b(t Advertising - 5E-03-AR-3766, O...cT/~/S ~ an automatica[£y generatea~De[i~;ery Status LMotification. q'our message fins 6een successfu£fy refayeaC to the fo££owino recipients, 5ut the requesteaC de£ivery status notifications may not 6e generated 6y the aCestinatiotr fega~s@napfesnews, com Patricia L. Mor~lan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, March 04, 2003 8:26 AM Patri¢ia L. Morgan Delivered: Advertising - SE-03-AR-3766, Ord. Amend. Ord. #02-43 Advertising - qE-03-AR-3766, O... < <.,~aCvertisin~ - S~E-O3-S~q(-3 766, Orc[.. )~menc[. Or~ #02-43 >> q~our messa~Ie cio: ~eorgia (~.-maiO Su6ject: .aarvertisinO - S~E-O3-~q~-3 766, Or~ ~men~. Or~ #02-43 Sent: clue, 4 Yklar 2003 08:35:50-0500 was &£iverear to the fo£Fowing recipient(s): (e~taFs on Clue, 4 Nar 2003 08:26:09 -0500 Advertising - SE-03-AR-3766, Ord. Amend. Ord. #02-43 Page 1 of 1 Patricia L. Morgan From: legals [legals@naplesnews.com] Sent: Tuesday, March 04, 2003 8:36 AM To: Patricia L. Morgan Subject: RE: Advertising - SE-03-AR-3766, Ord. Amend. Ord. #02- 3/9 ok georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Tuesday, March 04, 2003 8:36 AM To: Georgia (E-mail) Subject: Advertising - SE-03-AR-3766, Ord. Amend. Ord. #02-43 6eor ia, ®[ease advertise the attacheaC on Sunaray, 3tarch 9, 2003. q-han~you, Trish Minutes e~ q(ecoraCs <<ORD.AMEND. ORD. O2-43. doc>> <<Ord. Amend. Ord. O2-43, Scrivener's Error. doc. dot>> 3/4/2003 NapLes DaiLy News Naples, FL 34102 Affidavit of PubLication NapLes 0aiLy News BOARD OF COUNTY COMMISSIONERS CHER! LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 1131383126~9 58620089 NOT!CE OF !NTENT TO State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County/ FLorida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples 0aiLy News is a newspaper published at Naples/ in said Collier County/ FLorida/ and that the said neuspaper has heretofore been continuously published in said Collier County/ FLorida/ each day and has been entered as second class mail matter at the post office in Naples, in said Collier County/ FLorida/ for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount/ rebate, commission or refund for the purpose of securing this advertisement for pubLiction in tile said newspaper. PUBLZSHED ON: 03/09 AD SPACE: 121.000 !NCH FILED ON: 03/10/03 S~orn to and Subscribed ib~f~e .e~t~/~ day,,~,,o, Para,ally k~n by e ,,~' ,/F~ ~o~ E:,~pires September 11, 2005 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given that on Tuesday, March :25, 2003, In the Board- room, 3rd Floor, Ad~minls- Station Building, Collier County Government Cefltor, 3301 Es. st To.ml.~- mi Trail, Naples, Flor da, the Board of County Commissioners will Con- sk~' ~e er~l~erff of_. o County Ord nonce. 1ne meeting will commence at 8:00 A.M. The title of the pre~osed Ordinance Is as fellows: AN ORDINANCE AMENDING ORDI- NANCE NUMBER 02-43, THE BALMORAL PUD, TO C~RRECT A SCRIV- ENER S ERROR IN: SEC- TION 1.2, LEGAL DES- CR PTION: SECTION 2.3, DESCRiPTON OF PROJ- ECT PLAN AND PRO- POSED LAND USES; SECTION 3.6, LAND- SCAPING AND BUFFER- lNG REQUIREMENTS; SECTION 5.7 K, TRANS- PORTATION DEVELOP- MENT CaMM TMENTS. AND BY PROVIDING FOR AN EFFECTIVE DATE. Copies'of the proposed Ordinance ore on file with the Clerk to the Board grid are o.v.o!l .able for Insl~'~..on. All I .r~.r~. ested parnes are nv Tea to attend and be heard. NOTE: All p~.sons wlsh-i lng to speak on any agenda Item must reglsH for with the County ad-1 sensation of the. ngena.a Item to be addressea. Indlvlduat -speqk_ er.s' .will be limited fo $ m~nmes on any Item, The setec. tlon of an IndiVidual te speqk, on behatf of an or. ganlzatlon or group encouragqd. _If .recog. nlzed by me chairman. a spokesperson for c groul~ or organization may oe allotted 10 min- utes to speak on an "' rem. Persons wishing to have wr ffen or graphic ma. Serials Included In the Board agenda packets must submit sold materl. a a minimum of weeks pr or fo the re. spectlve pUblic hearlng. n any case, ~l~en ma. Serials ntended to be considered bY the Boar sho!l be s .ubF~tt_ed t, the staff a minimum of se~ en days prior to the~ pu.t Iic hearing. All ..maTer.~ used In prese .ntptl~.s pe. fore the Boars WUl oe- come a permanent pad of the record. Any per~.n w.re .d.ecldesj to appeal a aects~on OT the Board wl need a re- cord of the prOCeedings ~hertalnlng thereto andl erefore, may need fo/ ensure that a verbatlml record of t.~e prOCeed-I Ings Is mags, Which re-/ cord Incluaes .the testl-J many and evidence/ upon which the appealj Is based. )MMARDO F COUNTY ~ONER$ COLLIER COUNTY' FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK. CLERK _y:/s/Patricla L. Mar- ruty Clerk March 9 No. 11664(